Compiler's Note The Journal of the House of Representatives regular session of 2006 is bound in three separate volumes. The large number of pages made it impractical to bind into one volume. Volume I contains January 9, 2006 through March 6, 2006. Volume II contains March 8, 2006 through March 23, 2006. Volume III contains March 24, 2006 through March 30, 2006 and the complete index. JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA AT THE REGULAR SESSION Commenced at Atlanta, Monday, January 9, 2006 and adjourned Thursday, March 30, 2006 VOLUME I 2006 Atlanta, Ga. Printed on Recycled Paper OFFICERS OF THE HOUSE OF REPRESENTATIVES 2005-2006 GLENN RICHARDSON .................................................................................... Speaker 19th DISTRICT, PAULDING COUNTY MARK BURKHALTER ...................................................................... Speaker Pro Tem 50th DISTRICT, FULTON COUNTY ROBERT E. RIVERS, JR. ..................................................................................... Clerk HARALSON COUNTY ROGER HINES...............................................................................................Messenger COBB COUNTY BARBARA BUNN ....................................................................................... Doorkeeper ROCKDALE COUNTY STAFF OF CLERK'S OFFICE CHRISTEL RAASCH..............................................................................Assistant Clerk GWINNETT COUNTY SCOTTY LONG ........................................................................................ Journal Clerk HARALSON COUNTY MARY ANNA MEEKS..................... Calendar Clerk and Assistant Clerk for Indexing FULTON COUNTY CALVIN ROBINSON .........................................................Assistant Clerk for Printing DEKALB COUNTY JESSICA COKER .......................................................................Assistant Journal Clerk WALTON COUNTY ANN CLARK.....................................................................Assistant Clerk for Enrolling FULTON COUNTY MICHAEL BOZEMAN .................................. Assistant Clerk for Information Systems DEKALB COUNTY CIARA BROWN.......................................Assistant Clerk for Roll Call Operations and Administrative Services FULTON COUNTY MOLLY CHAMBERS.......................................... Assistant Clerk for Bill Maintenance DEKALB COUNTY MONDAY, JANUARY 9, 2006 1 Representative Hall, Atlanta, Georgia Monday, January 9, 2006 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The following communications were received: Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S.E. Atlanta, Georgia 30334-1505 September 30, 2005 The Honorable Robert E. Rivers, Jr. Clerk, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Rivers: I am transmitting herewith the name of the Representative elected in the September 27, 2005 Special Election Runoff for the Office of State Representative in the General Assembly of Georgia from District 106, all as the same appear from the consolidated returns which are of file and record in this office. With kindest regards and best wishes, I am Sincerely, /s/ Cathy Cox Secretary of State CC:LWB:bt Enclosure State of Georgia Office of Secretary of State 2 JOURNAL OF THE HOUSE I, Cathy Cox, Secretary of State of the State of Georgia, do hereby certify that the attached page lists the results as shown on the consolidated returns on file in this office for the Special Election held on the 30th day of August, 2005, in District 106 of the State House of Representatives in a portion of Gwinnett County, to fill the vacancy existing due to the resignation of the Honorable Phyllis Miller. Inasmuch as no candidate received a majority of the votes cast, a Special Election Runoff was held on September 27, 2005 and the results of the consolidated returns on file in this office are also attached. Having received a majority of votes cast, Melvin Everson was duly elected to this office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 30th day of September, in the year of our Lord Two Thousand and Five and of the Independence of the United States of America the Two Hundred and Thirtieth. (SEAL) /s/ Cathy Cox Secretary of State Election Summary Report Special Election House District 106 Summary For Jurisdiction Wide, All Counters, All Races Official and Complete Results House District 106 Number of Precincts Precincts Reporting Total Votes WARREN AULD MELVIN EVERSON GARRY M. RHODES Polling 17 17 2790 872 1162 750 OS/P 0 0 82 35 20 27 TSABS 0 0 108 23 63 22 Total 17 17 2980 930 1245 799 100.0% 31.21% 41.78% 26.81% Election Summary Report Special Election Runoff House District 106 Summary For Jurisdiction Wide, All Counters, All Races Official and Complete Results MONDAY, JANUARY 9, 2006 3 House District 106 Number of Precincts Precincts Reporting Total Votes WARREN AULD MELVIN EVERSON Polling 17 17 2518 1233 1285 OS/P 0 0 56 40 16 TSABS 0 0 73 37 36 Total 17 17 2647 1310 1337 100.0% 49.49% 50.51% OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE HOUSE DISTRICT 106 GEORGIA HOUSE OF REPRESENTATIVES I do solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state. I further swear or affirm that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof, that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, that I have been a resident of my district for the time required by the Constitution and the laws of this state, and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. SO HELP ME GOD. LOYALTY OATH I am a citizen of the State of Georgia and a member of the General Assembly and the recipient of public funds for services rendered as such officer and I do hereby solemnly swear and affirm that I will support the Constitution of the United States and the Constitution of Georgia. SO HELP ME GOD. /s/ Melvin Everson STATE REPRESENTATIVE Sworn to and subscribed before me, This 5th day of October, 2005. /s/ James W. Oxendine Judge, Gwinnett Superior Court 4 JOURNAL OF THE HOUSE Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S.E. Atlanta, Georgia 30334-1505 November 14, 2005 The Honorable Robert E. Rivers, Jr. Clerk, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Rivers: I am transmitting herewith the name of the Representative elected in the November 8, 2005 Special Election for the Office of State Representative in the General Assembly of Georgia from District 121, all as the same appear from the consolidated returns which are of file and record in this office. With kindest regards and best wishes, I am Sincerely, /s/ Cathy Cox Secretary of State CC:LWB:bt Enclosure State of Georgia Office of Secretary of State I, Cathy Cox, Secretary of State of the State of Georgia, do hereby certify that the attached page lists the results as shown on the consolidated returns on file in this office for the Special Election held on the 8th day of November, 2005, in District 121 of the State House of Representatives in a portion of Richmond County, to fill the vacancy existing due to the death of the Honorable Henry L. Howard. Having received a majority of the votes cast, Earnestine Howard was duly elected to this office. MONDAY, JANUARY 9, 2006 5 In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 14th day of November, in the year of our Lord Two Thousand and Five and of the Independence of the United States of America the Two Hundred and Thirtieth. (SEAL) /s/ Cathy Cox Secretary of State Election Summary Report General Municipal and Special Election Augusta-Richmond Co., Georgia November 8, 2005 Summary For Jurisdiction Wide, All Counters, All Races FINAL AND COMPLETE RESULTS HD 121 Number of Precincts Precincts Reporting Total Votes Earnestine Howard Write-in Votes Total 19 19 5074 5011 63 100.0% 98.76% 1.24% OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE HOUSE DISTRICT 121 GEORGIA HOUSE OF REPRESENTATIVES I do solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state. I further swear or affirm that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof, that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, that I have been a resident of my district for the time required by the Constitution and the laws of this state, and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. 6 JOURNAL OF THE HOUSE SO HELP ME GOD. LOYALTY OATH I am a citizen of the State of Georgia and a member of the General Assembly and the recipient of public funds for services rendered as such officer and I do hereby solemnly swear and affirm that I will support the Constitution of the United States and the Constitution of Georgia. SO HELP ME GOD. /s/ Earnestine Howard STATE REPRESENTATIVE Sworn to and subscribed before me, This 17th day of November, 2005. /s/ Carl C. Brown, Jr. Judge The roll was called and the following Representatives answered to their names: Amerson Ashe Barnard Bearden Benfield Benton Black Bordeaux Borders Bridges Brooks Brown Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Butler Byrd Carter Casas Chambers Channell Cheokas Cummings Davis Day Dickson Dodson Dollar Drenner Ehrhart England Epps Everson Fleming Floyd, H Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger Golick Graves, D Graves, T Greene Hanner Harbin Holmes Holt Horne Houston Howard, E Hudson Hugley Jackson Jacobs Jamieson Jenkins Jennings Johnson Jones, J Jones, S Keen Keown Kidd Knight Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk McCall Meadows Millar Mills Morgan Morris Mosby Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Orrock Parham Parrish Parsons Porter Powell Ralston Randall Ray Reece, B Reece, S Reese Scott, A Scott, M Setzler Shaw Sheldon Sims, C Sims, F Sinkfield Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Smyre Stephens Stephenson Talton Teilhet Thomas, A.M Thomas, B Tumlin Walker Warren Watson Wilkinson MONDAY, JANUARY 9, 2006 7 Coan Cole Coleman, B Coleman, T Cooper Cox Crawford Hatfield Heard, J Heard, K Hembree Henson Hill, C Hill, C.A Lunsford Maddox Mangham Marin Martin Maxwell May Rice Roberts Rogers Royal Rynders Sailor Scheid Willard Williams, E Williams, R Wix Yates Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Abdul-Salaam of the 74th, Barnes of the 78th, Beasley-Teague of the 65th, Dukes of the 150th, Heckstall of the 62nd, Jordan of the 77th, Knox of the 24th, Lucas of the 139th, Manning of the 32nd, McClinton of the 84th, Mitchell of the 88th, Stanley-Turner of the 53rd, and Williams of the 165th. They wish to be recorded as present. The following communications were received: House of Representatives 332 State Capitol Atlanta, Georgia 30334 December 28, 2005 The Honorable David Graves Representative, District 137 PO Box 6475 Macon, Georgia 31208 Dear David: As a result of your resignation as Chairman of the Regulated Industries Committee, your new office assignment will be 404 Coverdell Legislative Office Building. If you have any questions, please do not hesitate to contact me or my office. Sincerely, /s/ Glenn Glenn Richardson, Speaker Georgia House of Representatives 8 JOURNAL OF THE HOUSE JGR/gm cc: Robyn Underwood, Fiscal Officer House of Representatives 332 State Capitol Atlanta, Georgia 30334 December 28, 2005 The Honorable Roger Williams Representative, District 4 132 Huntington Road Dalton, Georgia 30720 Dear Roger: As you know, we have had two changes in the composition of the membership in the 2005-2006 Georgia House of Representatives. These changes are the acceptance of the resignation of Phyllis Miller and election of Representative Melvin Everson together with the death of Representative Henry Howard and the election of Representative Earnestine Howard. Under Rule Eleven of the Rules, Ethics, and Decorum of the House of Representatives, I am authorized to make certain committee appointments as a result of the change of these members. Accordingly, I am hereby making the following changes to your committees: The addition of Chairman of the Regulated Industries Committee, the addition of the Appropriations Committee. The removal of Intragovernmental Coordination, and Ways and Means. The removal of the Ways and Means Committee will also remove you as Ex-Officio of that committee. Your assignments are now: Appropriations, Industrial Relations, Regulated Industries -- Chairman. If you have any questions, please do not hesitate to contact me or my office. Sincerely, /s/ Glenn Richardson Glenn Richardson, Speaker Georgia House of Representatives JGR/gm MONDAY, JANUARY 9, 2006 9 cc: Representative Ben Harbin Representative Larry O'Neal Robyn Underwood, Fiscal Officer Robbie Rivers, Clerk House of Representatives 332 State Capitol Atlanta, Georgia 30334 December 28, 2005 The Honorable Quincy Murphy Representative, District 120 3238 Peach Orchard Road Augusta, Georgia 30909 Dear Quincy: As you know, we have had two changes in the composition of the membership in the 2005-2006 Georgia House of Representatives. These changes are the acceptance of the resignation of Phyllis Miller and election of Representative Melvin Everson together with the death of Representative Henry Howard and the election of Representative Earnestine Howard. Under Rule Eleven of the Rules, Ethics, and Decorum of the House of Representatives, I am authorized to make certain committee appointments as a result of the change of these members. Accordingly, I am hereby making the following changes to your committees: Removing Intragovernmental Coordination and adding Transportation. Your committee assignments are: Higher Education, Insurance, and Transportation. If you have any questions, please do not hesitate to contact me or my office. Sincerely, /s/ Glenn Richardson Glenn Richardson, Speaker Georgia House of Representatives JGR/gm cc: Representative Roger Williams Representative Vance Smith Robyn Underwood, Fiscal Officer Robbie Rivers, Clerk 10 JOURNAL OF THE HOUSE House of Representatives 332 State Capitol Atlanta, Georgia 30334 December 28, 2005 The Honorable Ed Rynders Representative, District 152 423 Martindale Drive Albany, Georgia 31721 Dear Ed: As you know, we have had two changes in the composition of the membership in the 2005-2006 Georgia House of Representatives. These changes are the acceptance of the resignation of Phyllis Miller and election of Representative Melvin Everson together with the death of Representative Henry Howard and the election of Representative Earnestine Howard. Under Rule Eleven of the Rules, Ethics, and Decorum of the House of Representatives, I am authorized to make certain committee appointments as a result of the change of these members. Accordingly, I am hereby making the following changes to your committees: The addition of Chairman of the Intragovernmental Coordination Committee and the removal of the Children and Youth Committee. Your assignments are: Appropriations, Health and Human Resources -- Vice Chairman, Intragovernmental Coordination -Chairman, and Transportation. Your new office assignment will be in 401 of the Capitol. If you have any questions, please do not hesitate to contact me or my office. Sincerely, /s/ Glenn Richardson Glenn Richardson, Speaker Georgia House of Representatives JGR/gm cc: Representative Judy Manning Robyn Underwood, Fiscal Officer Robbie Rivers, Clerk MONDAY, JANUARY 9, 2006 11 House of Representatives 332 State Capitol Atlanta, Georgia 30334 December 28, 2005 The Honorable Melvin Everson Representative, District 106 1725 Winding Creek Circle Snellville, Georgia 30078 Dear Melvin: After reviewing your request for committee assignments, I hereby appoint you to the following committees: Education Judiciary -- Non-Civil Transportation If you have any questions, please do not hesitate to contact me or my office. Sincerely, /s/ Glenn Richardson Glenn Richardson, Speaker Georgia House of Representatives JGR/gm cc: Representative Brooks Coleman Representative David Ralston Representative Vance Smith Robyn Underwood, Fiscal Officer Robbie Rivers, Clerk's Office House of Representatives 332 State Capitol Atlanta, Georgia 30334 December 28, 2005 The Honorable Earnestine Howard Representative, District 121 2514 Pate Avenue Augusta, Georgia 30906 12 JOURNAL OF THE HOUSE Dear Earnestine: After reviewing your request for committee assignments, I hereby appoint you to the following committees: Economic Development and Tourism Intragovernmental Coordination Science and Technology If you have any questions, please do not hesitate to contact me or my office. Sincerely, /s/ Glenn Richardson Glenn Richardson, Speaker Georgia House of Representatives JGR/gm cc: Representative Ron Stephens Representative Roger Williams Representative Amos Amerson Robyn Underwood, Fiscal Officer Robbie Rivers, Clerk House of Representatives 332 State Capitol Atlanta, Georgia 30334 December 28, 2005 The Honorable Jim Cole Representative, District 125 189 W. Johnston Street Forsyth, Georgia 31029 Dear Jim: As you know, we have had two changes in the composition of the membership in the 2005-2006 Georgia House of Representatives. These changes are the acceptance of the resignation of Phyllis Miller and election of Representative Melvin Everson together with the death of Representative Henry Howard and the election of Representative Earnestine Howard. MONDAY, JANUARY 9, 2006 13 Under Rule Eleven of the Rules, Ethics, and Decorum of the House of Representatives, I am authorized to make certain committee appointments as a result of the change of these members. Accordingly, I am hereby making the following changes to your committees: The addition of Higher Education -- Secretary. Your committee assignments are: Higher Education -- Secretary, Natural Resources and Environment, Public Safety, State Institutions and Property -- Vice Chairman. If you have any questions, please do not hesitate to contact me or my office. Sincerely, /s/ Glenn Richardson Glenn Richardson, Speaker Georgia House of Representatives JGR/gm cc: Representative Bill Hembree Robyn Underwood, Fiscal Officer Robbie Rivers, Clerk House of Representatives 332 State Capitol Atlanta, Georgia 30334 December 28, 2005 The Honorable Steve Davis Representative, District 109 1109 River Green Court McDonough, Georgia 30252 Dear Steve: As you know, we have had two changes in the composition of the membership in the 2005-2006 Georgia House of Representatives. These changes are the acceptance of the resignation of Phyllis Miller and election of Representative Melvin Everson together with the death of Representative Henry Howard and the election of Representative Earnestine Howard. Under Rule Eleven of the Rules, Ethics, and Decorum of the House of Representatives, I am authorized to make certain committee appointments as a result of the change of these members. Accordingly, I am hereby making the following changes to your committees: 14 JOURNAL OF THE HOUSE Addition of Children and Youth. Your committee assignments are: Children and Youth, Insurance, Interstate Cooperation -- Vice Chairman, and Transportation. If you have any questions, please do not hesitate to contact me or my office. Sincerely, /s/ Glenn Richardson Glenn Richardson, Speaker Georgia House of Representatives JGR/gm cc: Representative Judy Manning Robyn Underwood, Fiscal Officer Robbie Rivers, Clerk House of Representatives 332 State Capitol Atlanta, Georgia 30334 December 28, 2005 The Honorable Chuck Martin Representative, District 47 11770 Haynes Bridge Road Suite 205-311 Alpharetta, Georgia 30004 Dear Chuck: As you know, we have had two changes in the composition of the membership in the 2005-2006 Georgia House of Representatives. These changes are the acceptance of the resignation of Phyllis Miller and election of Representative Melvin Everson together with the death of Representative Henry Howard and the election of Representative Earnestine Howard. Under Rule Eleven of the Rules, Ethics, and Decorum of the House of Representatives, I am authorized to make certain committee appointments as a result of the change of these members. Accordingly, I am hereby making the following changes to your committees: The addition of Vice Chairman of the Ways and Means Committee (which will make you Ex-Officio on the Appropriations Committee). Your assignments are: Appropriations -- MONDAY, JANUARY 9, 2006 15 Ex-Officio, Natural Resources and Environment, Public Utilities and Telecommunications, Science and Technology -- Vice Chairman, and Ways and Means -Vice Chairman. If you have any questions, please do not hesitate to contact me or my office. Sincerely, /s/ Glenn Richardson Glenn Richardson, Speaker Georgia House of Representatives JGR/gm cc: Representative Ben Harbin Representative Larry O'Neal Robyn Underwood, Fiscal Officer Robbie Rivers, Clerk House of Representatives 332 State Capitol Atlanta, Georgia 30334 December 28, 2005 The Honorable Charlice Byrd Representative, District 20 PO Box 906 Woodstock, Georgia 30188 Dear Charlice: As you know, we have had two changes in the composition of the membership in the 2005-2006 Georgia House of Representatives. These changes are the acceptance of the resignation of Phyllis Miller and election of Representative Melvin Everson together with the death of Representative Henry Howard and the election of Representative Earnestine Howard. Under Rule Eleven of the Rules, Ethics, and Decorum of the House of Representatives, I am authorized to make certain committee appointments as a result of the change of these members. Accordingly, I am hereby making the following changes to your committees: The addition of Judiciary -- Non-Civil as a fourth committee. Your committee 16 JOURNAL OF THE HOUSE assignments are: Children and Youth -- Secretary, Health and Human Services, Human Relations and Aging, and Judiciary -- Non-Civil. If you have any questions, please do not hesitate to contact me or my office. Sincerely, /s/ Glenn Richardson Glenn Richardson, Speaker Georgia House of Representatives JGR/gm cc: Representative David Ralston Robyn Underwood, Fiscal Officer Robbie Rivers, Clerk House of Representatives 332 State Capitol Atlanta, Georgia 30334 December 28, 2005 The Honorable Clay Cox Representative, District 102 PO Box 834 Lilburn, Georgia 30048-0834 Dear Clay: As you know, we have had two changes in the composition of the membership in the 2005-2006 Georgia House of Representatives. These changes are the acceptance of the resignation of Phyllis Miller and election of Representative Melvin Everson together with the death of Representative Henry Howard and the election of Representative Earnestine Howard. Under Rule Eleven of the Rules, Ethics, and Decorum of the House of Representatives, I am authorized to make certain committee appointments as a result of the change of these members. Accordingly, I am hereby making the following changes to your committees: The addition of Banks and Banking as a fourth committee. Your committee assignments are: Industrial Relations, Public Safety, State Institutions and Property, and Banks and Banking. MONDAY, JANUARY 9, 2006 17 If you have any questions, please do not hesitate to contact me or my office. Sincerely, /s/ Glenn Richardson Glenn Richardson, Speaker Georgia House of Representatives JGR/gm cc: Representative James Mills Robyn Underwood, Fiscal Officer Robbie Rivers, Clerk Speaker's Order No. 5 Pursuant to the provisions of Rule 11 and 12 of the Rules, Ethics, and Decorum of the House of Representatives, the following appointments and re-appointments are approved and ordered: 1) The appointment of Representative Steve Davis to the Children and Youth Committee. 2) The appointment of Representative Melvin Everson to the Education, Judiciary -Non-Civil, and Transportation Committees. 3) The appointment of Representative Quincy Murphy to the Transportation Committee and the removal of the Intragovernmental Coordination Committee. 4) The appointment of Representative Charlice Byrd to the Judiciary -- Non-Civil Committee. 5) The appointment of Representative Clay Cox to the Banks and Banking Committee. 6) The appointment of Representative Earnestine Howard to the Economic Development and Tourism, Intragovernmental Coordination, and Science and Technology Committees. 7) The appointment of Representative Ed Rynders to the Intragovernmental Coordination Committee as Chairman, and the removal of the Children and Youth Committee. 8) The appointment of Roger Williams to the Regulated Industries Committee as Chairman, Appropriations Committee and the removal of Appropriations -- ExOfficio, Intragovernmental Coordination, and Ways and Means -- Ex-Officio Committee. 9) The appointment of Representative Chuck Martin to the Ways and Means Committee as Vice Chairman, Appropriations Committee as Ex-Officio, and the removal of the Appropriations Committee. 18 JOURNAL OF THE HOUSE 10) The removal of Representative David Graves as Chairman of the Regulated Industries Committee. He will remain a member of the committee. 11) The removal of Representative Chuck Scheid as Secretary of the Appropriations Committee and Ways and Means Committee Ex-Officio. He will remain a member of the Appropriations Committee. 12) The appointment of Jim Cole to the Higher Education Committee as Secretary. 13) Office assignments as follows: Representative David Graves moving from 401 Capitol to 404 Coverdell Legislative Office Building, Representative Ed Rynders moving from 404 Coverdell Legislative Office building to 401 Capitol. Representative Melvin Everson will be in 504 Coverdell Legislative Office Building and Representative Earnestine Howard will be in 607 of the Coverdell Legislative Office Building. It is further ORDERED that the Committee on Assignments is hereby empowered to review and revise its initial report on assignments of 2005-2006 House Committees, offices, and members dated January 11, 2005. So ORDER, by my hand, this 28th day of December, 2006, at 4:00 p.m. /s/ Glenn Richardson Speaker Prayer was offered by Reverend Alton Wilson, Pastor, Legacy Baptist Church, Dallas, Georgia. The members pledged allegiance to the flag. Representative Heard of the 104th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. MONDAY, JANUARY 9, 2006 19 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 941. By Representatives Benton of the 31st, England of the 108th, Bearden of the 68th, Mosley of the 178th, Maddox of the 172nd and others: 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 Special Rules. HB 943. By Representatives Knox of the 24th and Murphy of the 23rd: A BILL to be entitled an Act to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to eminent domain in general, so as to specify the purposes for which the power of eminent domain may be used to include transportation and utility purposes; to provide that eminent domain shall not be used for other governmental purposes and shall not be used for economic development or redevelopment; to provide for construction with other laws and construction in general; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 954. By Representatives Geisinger of the 48th, Chambers of the 81st, Lindsey of the 54th, Millar of the 79th and Franklin of the 43rd: A BILL to be entitled an Act to amend Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public transportation, so as to delete a prohibition against the sale or exchange of tokens, transfers, transaction cards, or tickets without consent; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. 20 JOURNAL OF THE HOUSE HB 955. By Representatives Geisinger of the 48th, Chambers of the 81st, Millar of the 79th and Lindsey of the 54th: A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempt from disclosure, so as to add an exemption for records of the Metropolitan Atlanta Rapid Transit Authority relating to the development and implementation of the TransCard or SmartCard fare payment system; 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 960. By Representatives Davis of the 109th, Loudermilk of the 14th, Lunsford of the 110th, May of the 111th, Watson of the 91st and others: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevelopment Law," so as to provide for a moratorium upon the exercise of the power of eminent domain for purposes of urban development; to provide for exceptions; to provide a statement of legislative findings and a statement of intent; to provide for conflicts; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 969. By Representatives Roberts of the 154th, Golick of the 34th, Coleman of the 97th, Jones of the 46th and Millar of the 79th: A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing for quality basic education, so as to require local school systems to spend a minimum amount of operating funds on direct classroom expenditures; to provide a short title; to provide for definitions; to provide for incremental compliance; to provide for a one-year waiver to compliance; to provide for sanctions for noncompliance; to provide for the submission of budget and expenditure information; to provide for rules and regulations; to change certain provisions relating to expenditure controls for fiscal years 2007 and 2008; 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. MONDAY, JANUARY 9, 2006 21 HB 970. By Representatives Roberts of the 154th, Burkhalter of the 50th, O`Neal of the 146th, Golick of the 34th and Smith of the 129th: A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for a partial exemption for a limited period of time with respect to state sales and use taxes applicable to the liquid propane gas commodity sold and delivered primarily for residential heating purposes and to charges for the natural gas commodity billed for residential use; to provide for legislative findings and intent; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the administrator of Part 2 of Article 15 of Chapter 10 of Title 10 of the O.C.G.A., the "Fair Business Practices Act," as amended; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to ratify an executive order of the Governor suspending the collection of such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 971. By Representatives Amerson of the 9th, Walker of the 107th, Bridges of the 10th, Dickson of the 6th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to parks, historic areas, memorials, and recreation, so as to change certain provisions relating to discounts for certified disabled veterans; to provide for discounts for senior citizens; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HB 972. By Representatives Casas of the 103rd, Everson of the 106th, Cox of the 102nd and Maxwell of the 17th: A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to provide that the Professional Standards Commission shall not require a course in computer skill competency for certification renewal but shall require a test in basic computer skill competency; to provide for certificated personnel to have the opportunity to take a basic computer skill competency test onsite at his or her assigned school; to provide for onsite proctors for the basic computer skill competency test; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 22 JOURNAL OF THE HOUSE Referred to the Committee on Education. HB 973. By Representatives Willard of the 49th, Lindsey of the 54th, Jones of the 46th, Buckner of the 130th and Day of the 163rd: 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 additional circumstances; 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 Public Safety. HB 974. By Representative Willard of the 49th: A BILL to be entitled an Act to amend Chapter 21A of Title 15 of the Official Code of Georgia Annotated, relating to judicial accounting, so as to clarify that probation supervision fees collected by private corporations, enterprises, or agencies contracting for probation services are subject to requirements for reporting to the Georgia Superior Court Clerks Cooperative Authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 975. By Representatives Amerson of the 9th, Walker of the 107th, Bridges of the 10th, Dickson of the 6th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Code Section 31-5A-3 of the Official Code of Georgia Annotated, relating to powers, functions, duties, and composition of the Board of Community Health, so as to require that one member of the board is an educator employed by a local school system in this state; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 976. By Representatives Porter of the 143rd, Hugley of the 133rd, Smyre of the 132nd, Orrock of the 58th, Oliver of the 83rd and others: MONDAY, JANUARY 9, 2006 23 A BILL to be entitled an Act to amend Chapter 2 of Title 22 of the O.C.G.A., relating to condemnation procedure generally, so as to require that certain declarations of taking be served and filed by condemning bodies; to provide for right of repurchase by the former owner or other disposal if the declared intended use of condemned property has not commenced within a certain period; to define a term; to redesignate certain provisions; to amend Title 32 of the O.C.G.A., relating to highways, bridges, and ferries, so as to change certain provisions relating to declaration of taking, contests of and attachments to declaration, and conclusive nature of order of condemnation by condemning authority; to amend the O.C.G.A. so as to conform certain related cross-references; to provide legislative declarations and findings; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 977. By Representative Jones of the 44th: 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 certain persons and vehicles, so as to provide for a special license plate supporting improvement in the child care industry; to provide for a portion of the revenue to go to the Minority Alliance for Child Care Development Advocates, Inc.; to provide for purposes, design, applications, fees, issuance, revenues, renewals, and transfers; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 978. By Representatives Hill of the 21st and Smyre of the 132nd: A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 45 of the O.C.G.A., relating to the Georgia Capitol Museum, so as to create the Capitol Art Standards Commission; to provide for its membership and appointment; to provide for the terms of members of the commission and the filling of vacancies; to provide for duties and responsibilities; to provide a definition; to provide for the acceptance of certain funds; to provide limitations on the consideration and passage of bills and resolutions authorizing or requiring the display of certain artwork; to provide for related matters; to repeal Code Section 50-16-5.2 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Art Policy Committee; to repeal conflicting laws; and for other purposes. Referred to the Committee on Special Rules. 24 JOURNAL OF THE HOUSE HB 979. By Representative Setzler of the 35th: A BILL to be entitled an Act to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to change certain provisions relating to definitions relative to hazardous waste management; to change certain provisions relating to variances; to change certain provisions relating to criteria for property to qualify for limitation of liability; to change certain provisions relating to limitation of expenses following approval of a corrective action plan; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 980. By Representatives Thomas of the 100th and Buckner of the 130th: A BILL to be entitled an Act to amend Article 2 of Chapter 9 of Title 12 of the O.C.G.A., relating to motor vehicle emission inspection and maintenance, so as to authorize the Board of Natural Resources to adopt certain motor vehicle emission standards or limitations; to define certain terms; to change certain provisions relating to certificate of emission inspection; to change certain provisions relating to powers and duties of the Board of Natural Resources, designation of the commissioner or director as the boards agent, and powers and duties of the director; to change certain provisions relating to requirement of certificate of emission inspection, standards for issuance, inspectors, equipment, and procedures, notice of violation of emission standards, reinspection after repairs, inspection sticker, new vehicles, and replacement stickers; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 982. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise substantially the sales and use tax exemption with respect to eligible foods and beverages for off-premises consumption; to provide for the allocation of certain revenue to fund relief from ad valorem property taxes for educational purposes, indigent defense, mental health and mental retardation care, and PeachCare for children and adults; 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. MONDAY, JANUARY 9, 2006 25 HR 1037. By Representatives Knox of the 24th and Murphy of the 23rd: A RESOLUTION proposing an amendment to the Constitution so as to specify the public purposes for which the power of eminent domain may be exercised under the authority of the State of Georgia and provide that economic development or redevelopment shall not constitute a public purpose for which private property may be acquired by eminent domain; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Judiciary. HR 1045. By Representatives Golick of the 34th, Hembree of the 67th, Smith of the 129th, Roberts of the 154th, Knight of the 126th and others: A RESOLUTION proposing an amendment to the Constitution of Georgia so as to protect lottery funds so that they may be reserved only for the HOPE Scholarship Program and other tuition grants, scholarships, or loans to enable citizens of this state to attend colleges and universities within this state, for voluntary pre-kindergarten, and for educational shortfall reserves; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Higher Education. HR 1046. By Representative Sims of the 169th: A RESOLUTION proposing an amendment to the Constitution so as to allocate the revenue from the state sales and use tax with respect to the sale of food and beverages for off-premises consumption to fund relief from ad valorem property taxes for educational purposes, indigent defense, mental health and mental retardation care, and PeachCare for children and adults; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. HR 1047. By Representatives Thomas of the 100th and Buckner of the 130th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for creation and administration of a nonlapsing trust fund or funds for purposes of hazardous waste management, solid waste management, or both; to provide for appropriations and dedication of revenue to such funds; to provide for 26 JOURNAL OF THE HOUSE ratification of previously enacted laws relating to such funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Appropriations. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 898 HB 899 HB 900 HB 901 HB 902 HB 903 HB 904 HB 905 HB 906 HB 907 HB 908 HB 909 HB 910 HB 911 HB 912 HB 913 HB 914 HB 915 HB 916 HB 917 HB 918 HB 919 HB 920 HB 921 HB 922 HB 923 HB 924 HB 925 HB 926 HB 927 HB 928 HB 929 HB 930 HB 931 HB 932 HB 933 HB 934 HB 935 HB 936 HB 937 HB 938 HB 939 HR 821 HR 822 HR 823 HR 824 HR 825 HR 855 HR 902 HR 903 HR 910 HR 949 HR 950 HR 951 The following members were recognized during the period of Morning Orders and addressed the House: Holmes of the 61st, Amerson of the 9th, and Forster of the 3rd. The following Resolutions of the House were read and adopted: MONDAY, JANUARY 9, 2006 27 HR 1042. By Representatives Keen of the 179th and Ehrhart of the 36th A RESOLUTION To notify the Senate that the House of Representatives has convened; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session and is now ready for the transaction of business. HR 1043. By Representatives Keen of the 179th and Ehrhart of the 36th A RESOLUTION Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Sonny Perdue, is hereby invited to address a joint session of the House of Representatives and the Senate at 3:00 P.M., Wednesday, January 11, 2006, in the hall of the House of Representatives. BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 2:45 P.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor. BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President Pro Tempore, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives. BE IT FURTHER RESOLVED that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at the joint session. BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this resolution to the Governor, to each Justice of the Supreme Court, and to each Judge of the Court of Appeals. The following Resolution of the House was read: HR 1044. By Representatives Keen of the 179th and Ehrhart of the 36th 28 JOURNAL OF THE HOUSE A RESOLUTION Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at the close of the legislative day on Friday, January 13, 2006, and shall reconvene on Monday, January 23, 2006. BE IT FURTHER RESOLVED that for the duration of the remainder of the 2006 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y 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 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 Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Kidd Y Knight Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Martin Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal 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 Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Y Walker Y Warren Y Watson Y Wilkinson MONDAY, JANUARY 9, 2006 29 Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Hatfield Y Heard, J Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 163, nays 0. The Resolution was adopted. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate: SR 644. By Senators Johnson of the 1st, Williams of the 19th and Brown of the 26th: A RESOLUTION to notify the House of Representatives that the Senate has convened; and for other purposes. SR 645. By Senators Johnson of the 1st, Williams of the 19th and Brown of the 26th: A RESOLUTION to notify the Governor that the General Assembly has convened; and for other purposes. The President appointed as a Committee of Notification the following Senators: Williams of the 19th, Brown of the 26th, Starr of the 44th, Shaefer of the 50th, Chance of the 16th, Adelman of the 42nd and Tarver of the 22nd. 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 of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 84 Do Pass, by Substitute 30 JOURNAL OF THE HOUSE Respectfully submitted, /s/ Geisinger of the 48th Secretary Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 970 Do Pass Respectfully submitted, /s/ O'Neal of the 146th Chairman The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning. TUESDAY, JANUARY 10, 2006 31 Representative Hall, Atlanta, Georgia Tuesday, January 10, 2006 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 Black Borders Bridges Brooks Brown Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Byrd Carter Casas Chambers Cheokas Cole Coleman, B Cooper Cox Cummings Davis Day Dickson Dodson Dukes Ehrhart England Epps Everson Fleming Forster Franklin Freeman Gardner Geisinger Graves, D Graves, T Greene Hanner Hatfield Heard, J Heard, K Hembree Hill, C Hill, C.A Holmes Holt Horne Houston Howard, E E Hudson Hugley Jackson Jacobs James Jamieson Jenkins Jennings Johnson Jones, J Jordan Keen Keown Knight Lakly Lane, R Lewis Lindsey Lord Loudermilk Lunsford Maddox Mangham Manning Marin Martin Maxwell May McCall Meadows Mills Morgan Morris Mosby Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Parham Parrish Parsons Porter Powell Ralston Randall Ray Reece, B Reece, S Reese Rice Roberts Rogers Royal Rynders Sailor Scheid Scott, A Scott, M Setzler Shaw Sheldon Sims, C Sims, F Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Talton Teilhet Thomas, B Tumlin Walker Warren Wilkinson Williams, A Williams, E Williams, R Yates Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Anderson of the 123rd, Barnes of the 78th, Beasley-Teague of the 65th, Benfield of the 85th, Bordeaux of the 162nd, Butler of the 18th, Channell of the 116th, Coan of the 101st, Coleman of the 144th, Crawford of the 127th, Dean of the 59th, Drenner of the 86th, Floyd of the 99th, Floyd of the 147th, Fludd of the 66th, Golick of the 34th, Harbin of the 118th, Heckstall of the 62nd, Henson of the 87th, Jones of the 44th, Kidd of the 115th, Knox of the 24th, Lane of the 158th, Lucas of the 139th, McClinton of the 84th, Millar of the 79th, Mitchell of the 88th, Sinkfield of the 60th, Smyre of the 132nd, Stanley-Turner of the 53rd, Stephens of the 164th, Stephenson of the 92nd, Thomas of the 55th, Watson of the 91st, Willard of the 49th, and Wix of the 33rd. 32 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by the Reverend Hermon Scott, Baconton Missionary Baptist Church, Allenhurst, Georgia. The members pledged allegiance to the flag. Representative Heard of the 104th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees: HB 940. By Representatives Benton of the 31st, England of the 108th and Bearden of the 68th: A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to provide for annual observance of "Georgia Day" in public elementary and secondary schools; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 953. By Representatives Chambers of the 81st, Geisinger of the 48th, Day of the 163rd and Bearden of the 68th: TUESDAY, JANUARY 10, 2006 33 A BILL to be entitled an Act to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia State Indemnification Fund, so as to change the definition of law enforcement officer; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 959. By Representatives Maddox of the 172nd, Lindsey of the 54th, Fleming of the 117th, O`Neal of the 146th, Roberts of the 154th and others: A BILL to be entitled an Act to amend Code Section 40-6-222 of the Official Code of Georgia Annotated, relating to parking permits for persons with disabilities, so as to change certain provisions relating to permits for permanently disabled persons; to provide for permits issued to permanently disabled minors; to provide a short title; to repeal conflicting laws; and for other purposes. Referred to the Committee on Human Relations & Aging. HB 961. By Representatives Thomas of the 100th, Marin of the 96th, Floyd of the 99th, Wix of the 33rd, Johnson of the 37th and others: A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to enact the "Georgia Legal Employment Enforcement Act"; to provide for definitions; to provide for legislative intent; to provide for promulgation of the Georgia Employment Eligibility Verification Form by the Department of Labor; to require employers to complete and retain the Georgia Employment Eligibility Verification Form; to require employers to participate in a certain federal program; to prohibit the employment of undocumented and ineligible employees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Industrial Relations. HB 966. By Representatives Teilhet of the 40th, Jacobs of the 80th, Johnson of the 37th, Barnard of the 166th and Manning of the 32nd: A BILL to be entitled an Act to amend Article 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to identity theft, so as to define certain terms; to provide that a person may place a security freeze on his or her credit report by notifying the credit reporting agencies; to provide for procedures; to provide for a temporary or permanent lifting of such 34 JOURNAL OF THE HOUSE freeze; to provide for fees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. HB 981. By Representatives Morgan of the 39th, Orrock of the 58th, Gardner of the 57th, Hugley of the 133rd, Mosby of the 90th and others: A BILL to be entitled an Act to amend Code Section 20-2-310 of the Official Code of Georgia Annotated, relating to student directory information, registering to vote and with selective service, and the pledge of allegiance, so as to require the State Board of Education to annually notify secondary students and their parents of their right under federal law to opt out of providing student information for purposes of military recruitment; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Defense & Veterans Affairs. HB 983. By Representatives Chambers of the 81st, Ehrhart of the 36th and Willard of the 49th: A BILL to be entitled an Act to amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, so as to prohibit certain acts relating to gasoline containing methyl tertiary-butyl ether; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HB 984. By Representatives Lunsford of the 110th, Ehrhart of the 36th, Ralston of the 7th, Coleman of the 97th, Casas of the 103rd 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 for students in elementary and secondary education, so as to provide that a student whose parent is in military service is granted excused absences from school to visit with his or her parent prior to deployment or while on leave; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Defense & Veterans Affairs. TUESDAY, JANUARY 10, 2006 35 HB 985. By Representatives Buckner of the 130th, Stephens of the 164th, Gardner of the 57th, Mosby of the 90th and Dodson of the 75th: A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to provide that the Board of Community Health or its contractor is required to contract with any physician, hospital, or health care provider that agrees to a fee schedule for health care services to employees of the state in a state health insurance plan; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 986. By Representatives Lunsford of the 110th, Ehrhart of the 36th, Ralston of the 7th, Willard of the 49th and Lindsey of the 54th: A BILL to be entitled an Act to amend Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions to preserve testimony in criminal proceedings may be taken, so as to allow depositions to be taken of persons who are not legal residents of the United States under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 987. By Representatives Lindsey of the 54th, Willard of the 49th, Ralston of the 7th and Tumlin of the 38th: A BILL to be entitled an Act to amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to jurisdiction of juvenile court, so as to provide the juvenile court with concurrent jurisdiction for adoption proceedings under certain circumstances; to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HR 1036. By Representatives Bearden of the 68th, Powell of the 29th and Davis of the 109th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to revise and clarify the provisions 36 JOURNAL OF THE HOUSE concerning the use of eminent domain; to provide for the purposes for which eminent domain may be used; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Judiciary. By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee: HR 1041. By Representatives Davis of the 109th, Lunsford of the 110th, Watson of the 91st, Mosby of the 90th, Yates of the 73rd and others: A RESOLUTION honoring the accomplishments of J. T. Williams and dedicating the J. T. Williams Honorary Bridge; and for other purposes. Referred to the Committee on Transportation. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 941 HB 943 HB 954 HB 955 HB 960 HB 969 HB 970 HB 971 HB 972 HB 973 HB 974 HB 975 HB 976 HB 977 HB 978 HB 979 HB 980 HB 982 HR 1037 HR 1045 HR 1046 HR 1047 Representative Franklin of the 43rd District, Chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report: Mr. Speaker: Your Committee on Legislative and Congressional Reapportionment has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 64 Do Pass TUESDAY, JANUARY 10, 2006 37 Respectfully submitted, /s/ Franklin of the 43rd Chairman The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House: SR 643. By Senator Harp of the 29th: A RESOLUTION recognizing January 24, 2006, as "LaGrange College Day" in the State of Georgia and celebrating the 175th anniversary of LaGrange College; and for other purposes. HR 1043. By Representatives Keen of the 179th and Ehrhart of the 36th: A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes. HR 1044. By Representatives Keen of the 179th and Ehrhart of the 36th: A RESOLUTION relative to adjournment; and for other purposes. The following members were recognized during the period of Morning Orders and addressed the House: Buckner of the 76th and Borders of the 175th. Representative Keen of the 179th moved that the House do now adjourn until 12:30 o'clock, tomorrow afternoon, and the motion prevailed. The Speaker announced the House adjourned until 12:30 o'clock, tomorrow afternoon. 38 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Wednesday, January 11, 2006 The House met pursuant to adjournment at 12:30 o'clock, P.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Abdul-Salaam Amerson Anderson Ashe Barnard Bearden Benton Black Borders Bridges Brooks Brown Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Butler Casas Chambers Cheokas Cole Cooper Cox Crawford Cummings Davis Day Dean Dickson Dodson Drenner Ehrhart England Epps Everson Fleming Floyd, J E Fludd Forster Franklin Freeman Gardner Geisinger Graves, T Greene Hanner Harbin Hatfield Heard, J Heard, K Hembree Henson Hill, C Hill, C.A Holmes Holt Horne Houston Howard, E Hudson Hugley Jackson Jacobs Jenkins Jennings Johnson Jones, J Jones, S Jordan Keen Keown Kidd Knight Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lunsford Maddox Mangham Marin Martin Maxwell May E McClinton Meadows Mills E Mitchell Morgan Morris Mosley Mumford Murphy, J Murphy, Q Oliver O'Neal Orrock Parsons Powell Randall Reece, B Reece, S Reese Rice Roberts Rogers Royal Rynders Sailor Scheid Scott, A Scott, M Setzler Shaw Sheldon Sims, F Sinkfield Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Talton Teilhet Thomas, A.M Thomas, B Tumlin 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 Barnes of the 78th, Beasley-Teague of the 65th, Benfield of the 85th, Bordeaux of the 162nd, Bruce of the 64th, Byrd of the 20th, Carter of the 159th, Channell of the 116th, Coan of the 101st, Coleman of the 144th, Coleman of the 97th, Dollar of the 45th, Dukes of the 150th, Floyd of the 99th, Golick of the 34th, Graves of the 137th, Heckstall of the 62nd, James of the 135th, Jamieson of the 28th, Knox of the 24th, Manning of the 32nd, McCall of the 30th, Millar of the 79th, Mosby of the 90th, Parham of the 141st, Parrish of the 156th, Porter of the 143rd, Ralston of the 7th, Ray of the 136th, Sims of the 169th, Stanley-Turner of the 53rd, Stephens of the 164th, Stephenson of the 92nd, Walker of the 107th, Willard of the 49th, and Wix of the 33rd. WEDNESDAY, JANUARY 11, 2006 39 They wish to be recorded as present. The following communication was received: House of Representatives 332 State Capitol Atlanta, Georgia 30334 January 10, 2006 Ms. Robyn Underwood, Fiscal Office Suite 434, State Capitol Atlanta, GA 30334 Dear Robyn: Effective today, I am reinstating Representative Chuck Scheid as Secretary of the Appropriations Committee which will also reinstate him as an Ex-Officio member of the Way and Means Committee. If you have any questions, please do not hesitate to contact me. Sincerely, /s/ Glenn Richardson Glenn Richardson, Speaker Georgia House of Representatives JGR:js Cc: Robbie Rivers, Clerk Representative Ben Harbin Representative Larry O'Neal Prayer was offered by Dr. Benn Tate, Rocksprings Congressional Methodist Church, Milner, Georgia. The members pledged allegiance to the flag. Representative Heard of the 104th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct. 40 JOURNAL OF THE HOUSE 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 950. By Representatives Cox of the 102nd, Burkhalter of the 50th, Horne of the 71st, Burmeister of the 119th, Geisinger of the 48th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, so as to prohibit governmental entities in this state from restricting or prohibiting a public employee or public school student from verbal expressions relating to the celebration or observance of any public or legal holiday; to provide for legislative findings; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Special Rules. HB 956. By Representatives Manning of the 32nd, Tumlin of the 38th, Ehrhart of the 36th, Parsons of the 42nd, Johnson of the 37th and others: A BILL to be entitled an Act to amend Code Section 17-4-47 of the Official Code of Georgia Annotated, relating to issuance of arrest warrants by video conference, testimony, initial bond hearings, and oaths, so as to provide that an arrest warrant for a probation violation may be issued by means of a video conference; to provide that a hearing relating to the issuance of a bond WEDNESDAY, JANUARY 11, 2006 41 connected with an offense may be issued by such a conference; to amend Code Section 42-8-38 of the Official Code of Georgia Annotated, relating the arrest of a probationer for violation of terms of probation and hearings and disposition of such charges, so as to provide that probation proceedings may be conducted by means of a video conference; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 958. By Representative Ashe of the 56th: 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 eliminate the requirement of local five mill share funds and to delete references to local five mill share funds; to change provisions relating to tuition for nonresident students, midterm adjustments, equalization grants, calculation of state funds to be allotted to local school systems, the school lunch program, grants for projects to approve effectiveness, grants for electronic technology, reassignment of students, definitions relative to charter schools, and funding for charter schools; to provide for annual allocation to local school systems of an amount equal to the proceeds for the preceding year from the 1 percent state-wide sales and use tax for education; to provide for related matters; to provide for a contingent effective date and applicability; to provide for automatic repeal in certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 967. By Representative Ashe of the 56th: A BILL to be entitled an Act to amend Article 4A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to community involvement in education, so as to provide for development of a wellness plan for each school by the school council; to provide for reporting; 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, so as to require implementation of a wellness plan for each school; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 988. By Representatives Hill of the 180th, Lane of the 167th, Keen of the 179th, Smith of the 168th and Mosley of the 178th: 42 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Chapter 12 of Title 50 of the O.C.G.A., relating to state government commissions and other agencies, so as to provide for the establishment of the War of 1812 Bicentennial Commission; to provide for the membership of the commission and the powers and duties of the commission; to provide for expenses; to provide for matters relating to commemorating the historic events that preceded and are associated with the War of 1812; to provide for abolition of the commission; to provide for repeal of the laws relating to such commission and the powers and duties of the commission; to create the War of 1812 Commemoration Commission and provide for its membership, powers, duties, and operations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Special Rules. HB 989. By Representatives Fleming of the 117th, Willard of the 49th, Ralston of the 7th and Hatfield of the 177th: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to change sunset dates for real estate or personal property filing fees; to change a sunset date relating to the state-wide uniform automated information system; to change a sunset date relating to collection and remittance of real estate or personal property filing fees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 990. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, so as to authorize use and expenditure of such tax proceeds for certain county maintenance and repair purposes; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 991. By Representative Stephens of the 164th: WEDNESDAY, JANUARY 11, 2006 43 A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, Title 37 of the Official Code of Georgia Annotated, relating to mental health, 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, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the repeal of certain provisions relating to community service boards; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 992. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to preferential assessment of tangible real property devoted to bona fide agricultural purposes, so as to change the conditions of ownership with respect to such property; 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 993. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, so as to change certain provisions regarding the collecting and remitting of sales and use tax; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 994. By Representative Ashe of the 56th: A BILL to be entitled an Act to amend Code Section 20-1A-10 of the Official Code of Georgia Annotated, relating to licensing, commission, and registration of early care and education programs, so as to provide for certification of excellence of early care and learning programs in specific areas of service; to provide for rules and regulations; to provide for notation of any certification on the program's license, registration, or commission; to repeal conflicting laws; and for other purposes. 44 JOURNAL OF THE HOUSE Referred to the Committee on Education. HB 995. By Representative Greene of the 149th: 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 provisions relating to free license plates and revalidation decals for certain disabled veterans; to change certain provisions relating to special license plates for disabled veterans not qualified under Code Section 40-2-69; to change certain provisions relating to parking permits for persons with disabilities; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 996. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-110 of the Official Code of Georgia Annotated, relating to definitions regarding the county special purpose local option sales and use tax, so as to authorize use and expenditure of such tax proceeds for certain county maintenance and repair purposes; 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 997. By Representatives Millar of the 79th, Coleman of the 97th, Casas of the 103rd, Jones of the 46th and Reece of the 11th: A BILL to be entitled an Act to amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to program weights and funding requirements relative to elementary and secondary education, so as to change certain provisions regarding program weights; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 998. By Representatives Graves of the 12th, Ehrhart of the 36th, Day of the 163rd, Jones of the 46th, Sheldon of the 105th and others: A BILL To be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the O.C.G.A, relating to carrying and possession of firearms, so as to provide a short title; to provide for legislative intent; to provide a definition; to provide that it shall be lawful for any person who may lawfully WEDNESDAY, JANUARY 11, 2006 45 possess firearms to park a motor vehicle on any property set aside for the parking of a motor vehicle when the person is lawfully transporting and storing a firearm or firearms in the motor vehicle and the firearm or firearms are locked in or locked to the motor vehicle; to provide for certain civil immunity for occurrences which result from, are connected with, or are incidental to the use of a firearm which is being lawfully transported and stored in a locked motor vehicle on any property set aside for the parking of motor vehicles; to provide for an exception to such immunity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. HB 999. By Representatives Maddox of the 172nd, Burkhalter of the 50th, Keen of the 179th, McCall of the 30th, Ray of the 136th and others: A BILL to be entitled an Act to amend Chapter 50 of Title 43 of the O.C.G.A., relating to veterinarians and veterinary technicians, so as to change certain provisions relating to definitions relative to such chapter; to change certain provisions relating to exemptions from licensing and registration requirements; to change certain provisions relating to veterinary technicians; to provide for legislative purpose; to authorize the practice of veterinary technology by veterinary technicians under certain circumstances; to change certain provisions relating to application for registration as veterinary technician, qualifications, examination, renewal, applicants registered in other states, and responsibility of the State Board of Veterinary Medicine; to change certain provisions relating to scheduling and administration of examinations, reexamination, and reactivation; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture and Consumer Affairs. HB 1000. By Representatives Day of the 163rd, Neal of the 1st, Horne of the 71st, Chambers of the 81st and Cox of the 102nd: 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 relative to sheriffs, so as to provide for the responsibility and duties of the sheriff regarding courthouse and courtroom security; to provide notice and hearing; to provide for factors to consider in determining appropriate security measures; to provide for instruction to the jury; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 46 JOURNAL OF THE HOUSE Referred to the Committee on Judiciary Non-Civil. HB 1001. By Representatives Day of the 163rd, Horne of the 71st, Cox of the 102nd, Stephens of the 164th and Bearden of the 68th: A BILL to be entitled an Act to amend Code Section 16-11-126 of the Official Code of Georgia Annotated, relating to the offense of carrying a concealed weapon, so as to change certain provisions regarding the transporting of certain firearms; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1002. By Representatives Day of the 163rd, Harbin of the 118th, Cox of the 102nd, Stephens of the 164th, Chambers of the 81st 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 or certain emergency preparedness products for a limited period of time; to provide for conditions and exclusions; to provide for powers, duties, and authority of the state revenue commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1003. By Representatives Talton of the 145th, O`Neal of the 146th, Floyd of the 147th and Ray of the 136th: A BILL to be entitled an Act to amend an Act entitled "An Act to make provisions for the Magistrate Court of Houston County," approved March 1, 1984 (Ga. L. 1984, p. 3652), as amended, so as to provide for the election of the chief magistrate and magistrates; to provide for procedures; to provide for the filling of vacancies; to provide for the submission of this Act to the United States Department of Justice; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1004. By Representatives Sims of the 169th, Rice of the 51st and Crawford of the 127th: WEDNESDAY, JANUARY 11, 2006 47 A BILL to be entitled an Act to amend Chapters 2, 3, and 5 of Title 40 of the Official Code of Georgia Annotated, relating to registration, licensing, and certificates of title for motor vehicles and drivers licenses, so as to provide for registration of all-terrain vehicles; to provide for certificates of title for such vehicles; to provide for certain drivers of such vehicles to be licensed drivers; to provide for operators of all-terrain vehicles under the age of 16 to complete a safety course; to provide for supervision of children under the age of 16 operating all-terrain vehicles; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1005. By Representatives Borders of the 175th, Black of the 174th, Williams of the 4th, Shaw of the 176th, Day of the 163rd and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1006. By Representative Ashe of the 56th: 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 certain persons and vehicles, so as to emphasize that the renewal registration fees for prestige plates are to be distributed in the same manner as the initial fees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1007. By Representative Benfield of the 85th: A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to provide that any person who receives compensation pursuant to a resolution of the General Assembly relative to a claim against the state for wrongful conviction approved on or after January 48 JOURNAL OF THE HOUSE 1, 2005, shall be eligible to participate in the state employees health insurance plan; to provide for an appropriation of funds; to provide for application; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HR 1039. By Representative Ashe of the 56th: A RESOLUTION proposing an amendment to the Constitution so as to provide for automatic reduction in the millage rate of local ad valorem taxes for educational purposes; to provide for exceptions; to provide for the imposition of a state sales and use tax at a rate not to exceed 1 percent, as determined by the General Assembly, the proceeds of which shall be used exclusively for educational programs and purposes prior to the college or postsecondary level; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. HR 1048. By Representatives Millar of the 79th, Coleman of the 97th, Jones of the 46th, Williams of the 4th and Holmes of the 61st: A RESOLUTION creating the House Study Committee on Market-Demand Skills Education in High Schools; and for other purposes. Referred to the Committee on Education. HR 1049. By Representative Stephens of the 164th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the conditions of ownership regarding the preferential assessment for property which is devoted to bona fide agricultural purposes to be established by general law; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. HR 1050. By Representative Stephens of the 164th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for homestead exemptions that essentially freeze the assessment of property with respect to any or all ad valorem property taxes; to provide for ratification of such exemptions which WEDNESDAY, JANUARY 11, 2006 49 were previously enacted; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. HR 1051. By Representative Manning of the 32nd: A RESOLUTION proposing an amendment to the Constitution so as to specify the public purposes for which the power of eminent domain may be exercised under the authority of the State of Georgia and provide that economic development or redevelopment shall not constitute a public purpose for which private property may be acquired by eminent domain; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Judiciary. HR 1052. By Representatives Manning of the 32nd, Tumlin of the 38th, Stephens of the 164th, Casas of the 103rd, Jenkins of the 8th and others: A RESOLUTION urging Georgia's state owned resorts and restaurants which serve wine to list the fine wines grown and produced by the Winegrowers Association of Georgia; and for other purposes. Referred to the Committee on Economic Development & Tourism. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 940 HB 953 HB 959 HB 961 HB 966 HB 981 HB 983 HB 984 HB 985 HB 986 HB 987 HR 1036 HR 1041 Representative Bridges of the 10th District, Chairman of the Committee on Retirement, submitted the following report: Mr. Speaker: 50 JOURNAL OF THE HOUSE Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 251 HB 344 HB 357 HB 391 HB 476 Do Pass Do Pass Do Pass Do Pass Do Pass HB 660 HB 749 HB 809 HB 821 Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass Respectfully submitted, /s/ Bridges of the 10th 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 978 Do Pass Respectfully submitted, /s/ Hill of the 21st Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, JANUARY 11, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 3rd Legislative Day as enumerated below: DEBATE CALENDAR Open Rule None WEDNESDAY, JANUARY 11, 2006 51 Modified Open Rule None Modified Structured Rule None Structured Rule HB 970 Liquid propane and natural gas; state tax; temporary exemption; provisions 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 member was recognized during the period of Morning Orders and addressed the House: Henson of the 87th. The following Resolution of the House was read and referred to the Committee on Rules: HR 1053. By Representatives Maddox of the 172nd, Keown of the 173rd, Freeman of the 140th, Tumlin of the 38th, Benton of the 31st and others: A RESOLUTION recognizing and commending Boy Scout Troop 383 and inviting the leaders and members of the troop to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time: HB 970. By Representatives Roberts of the 154th, Burkhalter of the 50th, O`Neal of the 146th, Golick of the 34th and Smith of the 129th: A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for a partial exemption for a limited period of time with respect to state sales and use taxes applicable to the liquid propane gas commodity sold and delivered primarily for residential heating purposes and to charges for the natural gas commodity billed for residential 52 JOURNAL OF THE HOUSE use; to provide for legislative findings and intent; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the administrator of Part 2 of Article 15 of Chapter 10 of Title 10 of the O.C.G.A., the "Fair Business Practices Act," as amended; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to ratify an executive order of the Governor suspending the collection of such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield 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 Cooper Y Cox 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 Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston Y Howard, E 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 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 Mills E Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker WEDNESDAY, JANUARY 11, 2006 53 On the passage of the Bill, the ayes were 169, nays 2. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 970 was ordered immediately transmitted to the Senate. The following Resolutions of the House and Senate were read and adopted: HR 1057. By Representatives Day of the 163rd, Chambers of the 81st, James of the 135th, Horne of the 71st, Mosby of the 90th and others: A RESOLUTION commending Officer Michael D. DeWald; and for other purposes. HR 1058. By Representatives Day of the 163rd, Chambers of the 81st, James of the 135th, Horne of the 71st, Stephenson of the 92nd and others: A RESOLUTION commending Officer O. J. Concepcion; and for other purposes. HR 1059. By Representatives Day of the 163rd, Chambers of the 81st, James of the 135th, Horne of the 71st, Cox of the 102nd and others: A RESOLUTION commending Sergeant Doug Mattox; and for other purposes. HR 1060. By Representatives Day of the 163rd, Chambers of the 81st, James of the 135th, Horne of the 71st, Sheldon of the 105th and others: A RESOLUTION commending Sergeant Michael McKeithan; and for other purposes. HR 1061. By Representatives Mosley of the 178th, Smith of the 168th and Lane of the 167th: A RESOLUTION commending and congratulating the members and coaches of the Wayne County 2005 All-Stars Mite Girls softball team; and for other purposes. HR 1062. By Representatives Royal of the 171st, Rynders of the 152nd, Sims of the 151st and Dukes of the 150th: 54 JOURNAL OF THE HOUSE A RESOLUTION commending the Darton College golf team; and for other purposes. HR 1063. By Representatives Day of the 163rd, Chambers of the 81st, James of the 135th and Horne of the 71st: A RESOLUTION commending Special Agent Brian Johnston; and for other purposes. HR 1064. By Representatives Day of the 163rd, Chambers of the 81st, James of the 135th, Horne of the 71st, Neal of the 1st and others: A RESOLUTION commending Special Agent Thomas Crawford III; and for other purposes. HR 1065. By Representative Smith of the 113th: A RESOLUTION commending Jonathan Taylor; and for other purposes. HR 1066. By Representatives Holt of the 112th, Maxwell of the 17th, Coleman of the 97th, Jordan of the 77th and Casas of the 103rd: A RESOLUTION commending the National Association for Music Education and the First Lady of the United States, Laura Bush, for their efforts on behalf of the National Anthem Project; and for other purposes. HR 1067. By Representative Smith of the 113th: A RESOLUTION commending Christopher Thomas Mengak on becoming an Eagle Scout; and for other purposes. HR 1068. By Representatives Day of the 163rd, Chambers of the 81st, James of the 135th, Horne of the 71st, Setzler of the 35th and others: A RESOLUTION commending Officer Beth Gatny; and for other purposes. HR 1069. By Representatives Day of the 163rd, Chambers of the 81st, James of the 135th, Horne of the 71st, Barnard of the 166th and others: A RESOLUTION commending officer Mary Price; and for other purposes. HR 1070. By Representative Houston of the 170th: WEDNESDAY, JANUARY 11, 2006 55 A RESOLUTION commending the class of Leadership Cook 2005; and for other purposes. HR 1071. By Representative Smith of the 113th: A RESOLUTION commending Daniel Chamberlin on becoming an Eagle Scout; and for other purposes. HR 1072. By Representatives Day of the 163rd, Chambers of the 81st, Horne of the 71st, Cox of the 102nd, Sheldon of the 105th and others: A RESOLUTION commending Lieutenant Kevin Moran; and for other purposes. HR 1073. By Representatives Day of the 163rd, Chambers of the 81st, Horne of the 71st, Coleman of the 97th, Cox of the 102nd and others: A RESOLUTION commending Sergeant Jerry Stancel; and for other purposes. HR 1074. By Representatives Day of the 163rd, Chambers of the 81st, James of the 135th, Horne of the 71st, Channell of the 116th and others: A RESOLUTION commending EMS Director Blake Thompson; and for other purposes. HR 1075. By Representatives Day of the 163rd, Chambers of the 81st, James of the 135th, Horne of the 71st, Orrock of the 58th and others: A RESOLUTION commending Laila Sabree; and for other purposes. HR 1076. By Representatives Mosley of the 178th, Smith of the 168th, and Lane of the 176th: A RESOLUTION congratulating the Brantley County 9-10 year-old girls' softball team; and for other purposes. HR 1077. By Representative Brooks of the 63rd: A RESOLUTION honoring the life and memory of Mrs. Mattie Turnipseed Favors; and for other purposes. SR 643. By Senator Harp of the 29th: 56 JOURNAL OF THE HOUSE A RESOLUTION recognizing January 24, 2006, as "LaGrange College Day" in the State of Georgia and celebrating the 175th anniversary of LaGrange College; and for other purposes. The Speaker announced the House in recess until 2:45 o'clock, this afternoon. The Speaker called the House to order. The hour of convening the Joint Session pursuant to HR 1043 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor. The Resolution calling for the Joint Session was read. Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Sonny Perdue, appeared upon the floor of the House and delivered the following address: Mr. President, Mr. Speaker, Senator Johnson, Representative Burkhalter ... Members of the General Assembly. Constitutional officers and members of the judiciary. The Consular Corps and other distinguished guests. And, most of all, my fellow Georgians: Today marks the fourth time you've allowed me to come before you to report on the state of our great State of Georgia. In my first address I spoke of dark clouds and a troubled economy battered by recession. The seas were stormy, but we were determined to find our way to a New Georgia safe, healthy, educated and growing. Last year, I reported an economic recovery was underway. Georgians were going back to work. The clouds were parting. Today I'm happy to say that our progress has continued over the last twelve months. Our job growth has surged. Our communities and our state grow stronger each day. We're putting the dark clouds behind us. And we have many more sunny days ahead. With our economy growing again, we should give credit where credit is due. Georgia's economic comeback is, above all, a tribute to our strengths as a state and to the optimism and enterprise of our citizens. WEDNESDAY, JANUARY 11, 2006 57 I'm proud of the millions of Georgians who have done the hard work of leading our recovery The small business owners who grow companies that create good jobs for Georgia families. The investors and entrepreneurs who take the risks of bringing new ideas to market. The Georgia workers who are more productive and better prepared to compete in the global economy. I'm proud too of the thousands of new Georgians who move to our state each year from across the country and around the world. Georgia today is the 9th largest state and one of the fastest growing in the nation. At last count, there are over 9 million Georgians. People keep coming to our state because Georgia is a great place to live, to get an education, to work and to raise a family. Georgia is a state of opportunity. Our job is to make sure it remains so. And the best way for those of us in public office to do that is to remember that government doesn't create jobs, growth and prosperity our people do. Government's role is to create fertile opportunities for Georgians to succeed and prosper. Today I want to share with you my 2006 legislative agenda and budget priorities, which do exactly that. My agenda for Georgia is based on what Georgians themselves have told me are their priorities education ... children ... jobs ... safe communities. And a state government that lives within its means and that respects individual liberty. This should be a familiar list, because these have been my priorities from my first day in office. This year, thanks to our growing economy, we have additional resources to invest in our priorities. I am projecting one and quarter billion dollars in new revenues for 2007. That strong revenue gain gives us all a sense of relief. But our improving revenues are no cause for complacency. A growing population is good, but more Georgians means more kids in our schools, more drivers on our roads, more patients in health care system. These are the unavoidable obligations that come with growth, just like the arrival of a new baby at home. Meeting those obligations will consume much of our new revenue. But not all of it. What makes this year's budget different is what we've done together over the last three years to make our state government more efficient and effective. 58 JOURNAL OF THE HOUSE The $640 million deficit we inherited three years ago made changing state government's culture of spending not just a good idea, but also a necessity. We asked each state agency to identify its core mission and to prioritize its budget requests. We took a hard look at every program and cut those we could do without. I established the Commission for a New Georgia and asked some of our state's top business leaders to recommend ways we could improve the operations of state government. Implementing their recommendations has already saved the taxpayers millions of dollars. And those savings will multiply over the years. In total, thanks to our sound fiscal management and conservative budgeting, we reduced the size of state government by over $1 billion per year, while also creating a surplus and rebuilding our rainy day fund. Because we made the tough decisions then, we are now able to make some of the important investments we had to defer when times were lean, just as we must do in our family budgets. And we will begin with our top priority education. My education budget has a strong classroom focus because the classroom is where learning happens. It is only common sense that we should spend our education dollars where they can do the most good and have the biggest direct impact on student achievement. That is exactly why I've asked you to establish a standard for local school districts to spend at least 65% of their budgets in the classroom. I believe that, next to having parents involved in their children's education, the single best thing we can do for our students is to keep dedicated and experienced teachers in our classrooms. Of course, we all know that a teacher's workday begins long before the first class starts and continues long after the last bell sends the students home. As the son of a teacher, I also know this from personal experience. My mother taught English, but she taught her students much more than the fundamentals of reading, writing and grammar. She taught them lessons of character and responsibility and helped them gain the confidence and skills they needed to succeed. Each of us recalls those teachers who inspired us and challenged us to excel. Those of us who are parents know the importance of good teachers in our own children's lives. And WEDNESDAY, JANUARY 11, 2006 59 everyone recognizes the critical role teachers play in preparing the next generation to assume their roles in society. That is why all of us appreciate the demanding and important work that Georgia's teachers do. And that is why I want to give all of our teachers a well-deserved 4% pay raise. More than half of teachers will receive a 7% raise. Just as importantly, my budget also provides teachers health insurance with... NO increase in premiums. And let me tell you one more thing. As long as the people of Georgia trust me to be their Governor, our Georgia teachers will remain the highest paid teachers in the Southeast. Today, I want to share with you, and our teachers, some additional good news. As we all know, many of our teachers dig into their own pockets each school year to purchase classroom materials and supplies. Teachers buy extra pencils and notebooks for their students ... decorations for the bulletin board ... materials for a class project ... the list is just about endless. But the important point is that teachers are spending their own money to help our children learn. That dedication deserves recognition. It also deserves a little bit of extra help from us. That's why I've included $10 million in my budget to provide every Georgia teacher with one of these ... the Classroom Gift Card. The Classroom Gift Card works just like the store gift cards that many of us found in our stockings at Christmas. Each Classroom Gift Card will be worth 100 dollars that teachers can use to purchase school supplies during Georgia's Back To School sales tax holiday this fall. It's just one more tool we can provide our teachers to help them do their important job. Of course, showing respect for teachers means not just rewarding their hard work, but understanding that they are the ones on the front lines and who deserve a listening ear for their ideas. As I announced yesterday, this year we will meet another top request from teachers by reducing class sizes in grades K-8 through my Truth in Class Size legislation. My budget includes $163 million for class size reductions. My budget also includes $447 million in bonds for classroom construction, for new equipment and for buying 1000 new school buses. That means new buses for every county in the state. A strong classroom focus will help every district and every school improve. But there is another critical ingredient for raising student achievement and that's leadership. 60 JOURNAL OF THE HOUSE Every team needs a great leader to set a great example. In our schools, that's the principal's job. And in those schools that most need improvement, solid leadership from the principal's office is essential. With many of our most experienced principals approaching retirement, we must now recruit and train the next generation of educational leaders. My budget includes $3 million to recruit High Performance Principals to lead our Needs Improvement middle and high schools. High Performance Principals have a proven record of raising student achievement results in the schools they lead. These are the leaders we want in our most challenged schools. Ladies and gentlemen, as you know, sadly, nearly 40% of our students drop out of high school before earning their diplomas. In a state with as much promise as Georgia, that's an unacceptable waste of talent. It's high time for Georgia to make sure more of its students graduate from high school. In the competitive global economy, dropouts will pay a steep price for their incomplete education. The jobs with a future are knowledge jobs. And you've got to have the knowledge before you get the job. Our employers also pay the price of high dropout rates when they can't find enough skilled workers. That is why my budget targets $23.3 million to raise Georgia's graduation rates. This will put a completion counselor in every single high school in Georgia, with the sole purpose of working individually with students to encourage them to complete their education. Overall, my budget devotes over 72% of our new revenues to education. They say the best time to plant an oak tree is 100 years ago. But the second best time to plant an oak tree is today. My friends, with this budget we are planting a forest of oaks for Georgia's children and their future. Getting a good education and finding that first job are doors of opportunity that should be open wide for every young Georgian. Before I discuss our broader plans to spur job creation in Georgia, I want to highlight one initiative that is introducing a special group of young Georgians to the workplace. The TeenWork initiative offers summer employment opportunities to teens in foster care. Last summer over 400 foster teens were employed by state agencies and private companies. Before starting work, each teen received training in basic job skills such as how to apply for a job, proper business attire and good time management. WEDNESDAY, JANUARY 11, 2006 61 Foster kids often lack the mentors and role models to teach them workplace fundamentals. The TeenWork program has given these foster teens a successful start in their working careers. But that doesn't surprise me. I'm proud to tell you that the TeenWork Initiative was created by the First Lady's Children's Cabinet, chaired by the best champion Georgia's children have ever known -my lifelong partner and the love of my life, Mary Perdue. Through the Our Children Campaign, Mary has encouraged thousands of Georgians to get involved in meeting the needs of abused and neglected children within their communities. She has organized three statewide Summits on our Children to raise public awareness of children's issues. Last year, Mary and the Children's Cabinet helped launch the Foster Family Foundation of Georgia. The Foundation is an independent, non-profit organization that will recruit, train, and support both foster and adoptive families. That's only a fraction of Mary's many efforts to improve the lives of Georgia's children. I'm not bragging when I say I work hard as your Governor. But I want you to know that your First Lady works just as hard for this cause so close to her heart. And, Mary, I want you to know how proud I am of you and the example you set of caring for all of Georgia's children. In a very real sense, everything we do to strengthen and improve our state is for the sake of our children and grandchildren. I know that being a proud father and grandfather strengthens my determination that the next generation of Georgians will inherit from us a state where they can aspire to a better education, a better job and a better life. And a state with its priorities clear ... and its books in order. Yes, we want these things for ourselves. But, above all, don't we want to leave our children a better world? Yet, for many parents, improving life for their children isn't just about hopes and dreams for the future ... it's also a question of economic survival in the here and now. For today's families, child care is a critical need. That is why I am proposing we enact a Georgia Child Care Tax Credit in addition to the existing federal tax credit. The new Georgia Child Care Tax Credit will return $50 million to working parents by 2008, to help with child care expenses. 62 JOURNAL OF THE HOUSE Helping parents and families afford child care is the kind of practical step that government should take to help create the conditions for prosperity. Government should be about the business of empowering Georgians to learn more, earn more and save more. Government should also make the wise long-term investments that will help our economy keep growing and keep creating jobs for decades to come. You see, in the 21st century global economy we have only two options. Georgia can lead or Georgia can be left behind. I want to guarantee you this as long as I'm your Governor, Georgia is going to lead. To lead, we must innovate. That means, we must become a State of Innovation. That means making innovation our competitive advantage in every area of our economy in our existing industries, in our homegrown small businesses and in the growth industries of the future, such as life sciences and nano-manufacturing. These are the industries that will cure cancer ... improve our food safety and supply ... and provide new sources of energy to power our lives and propel our state's economy forward. Building an innovation economy requires three main ingredients: people, capital and infrastructure. Georgia is investing in all three areas. We're investing $80 million this year alone. Our Eminent Scholar program already brings world-class researchers to Georgia the scientists and inventors whose research changes lives and becomes the basis for new companies and new industries. Bringing university research from the lab to the market has helped us create successful companies in Georgia like Mindspring, now Earthlink ... and medical science leaders like Inhibitex and Theragenics. At our Centers of Innovation, we are bringing our best university research together with top Georgia companies to make new advances in logistics, data processing, aeronautics, agriculture. New advances that will help Georgia companies become more competitive, grow more rapidly and create more jobs. In the area of investment capital, we will budget $5 million to expand our Seed Capital Fund for early stage bioscience entrepreneurs. And $5 million for the Life Sciences WEDNESDAY, JANUARY 11, 2006 63 Facilities Fund to help provide growing bioscience firms with the facilities they need to continue their growth here in Georgia. To strengthen our investment infrastructure, I am recommending investments in nanotechnology, energy and broadband technology. My budget includes $38 million in bonds to complete the construction of a Nanotechnology Research Center at Georgia Tech to establish Georgia as a global leader in this emerging industry. To ensure Georgia's energy future, I am budgeting $2 million to seed research on developing alternative fuels, such as expanding our BioRefinery program at the University of Georgia. Bio-fuels convert materials like wood chips, peanut hulls and other organic matter into viable energy sources. As a strong agricultural state, Georgia should be, and will be, a leader in this field. We'll be able to meet more of our own energy needs, reduce our dependence on foreign oil ... and turn a profit. The third area of investment is broadband. I call broadband the new dial tone. Today, we could not imagine any business, much less an entire community, operating without access to reliable telephone service. Today, broadband internet access is just as important for our 21st Century communications infrastructure. The goal of my Broadband Initiative is to ensure that every Georgia community is plugged in to the global economy with the broadband connectivity that individuals and businesses need. I will ask the OneGeorgia Authority to establish a $5 million grant program to support rural broadband access. In addition, I am also proposing a $5 million initiative at the Georgia Technology Authority to partner with at least three Georgia cities to bring wireless broadband WiFi to their areas. With these, and the many other investments included in my budget, we will continue Georgia's transformation into a State of Innovation that will provide a growing economy, good jobs and thriving communities for our citizens. As we build an educated and growing Georgia, we must also act to create a safer Georgia. We must get dangerous sexual predators off our streets and away from our children. I know that with the General Assembly's help, Georgia will have the toughest sexual predator law in the nation by the end of this session. 64 JOURNAL OF THE HOUSE And to ensure that we have enough prison space to keep dangerous criminals locked up, I am recommending $45 million to add more than 4,300 beds to the State's prison system and reduce the jail backlog burden on our counties. Unfortunately, we are all too aware of a growing plague in our state methamphetamine. Meth destroys lives, attacks families, and undermines communities. Georgia has been a leader in battling the meth scourge. But we need to do more. My budget includes $1 million to create a GBI "MethForce" to target and investigate meth-related crimes statewide. I have also invited U.S. Attorney General Alberto Gonzales to come to Georgia and discuss stronger state and federal coordination of anti-meth efforts. He has accepted and will be here next month. We will not allow the scourge of meth abuse to run unchecked in our state. Georgia will fight back ... and Georgia will win. That's just the nature of our people. Show us a problem and we will find a solution. That problem-solving, "get it done" attitude that comes so naturally to Georgians is exactly what they expect from their state government. Another thing they expect and deserve is efficient, customer-friendly service. One example of the emphasis we are placing on customer service was the excellent work of Joe Doyle and the Task Force he led to identify specific ways we can and will ensure that government services are easier to access, faster to complete and delivered by friendly people, with a smile. Let me share just one success story with you. It is a story still in progress, because we've still got work to do. But I am proud of their results so far. Last year at this podium I said that if government didn't have a monopoly on the business of issuing drivers licenses, we'd be out of that business. I think that accurately summed up the frustration many Georgians felt over the long lines and headaches at the DMV. So we created a new Department of Driver Services with one core mission -- getting Georgia drivers their licenses quickly, efficiently, and courteously. Commissioner Greg Dozier and the nearly 750 Driver Services employees have taken their mission to heart and taken the licensing process to a whole new level. WEDNESDAY, JANUARY 11, 2006 65 We are hiring more license examiners, opening new service centers, enabling online change of address, and otherwise making the license renewal process more pleasant and convenient for busy Georgia drivers. How much progress have we made? Well, radio listeners know that Neal Boortz is not exactly low maintenance when it comes to government services. But even Neal took time on the air to compliment his most recent license renewing experience. So to Greg and all his team at the Department of Driver Services thank you, and keep up the good work. Just as Georgians expect our government to provide excellent service, we also expect, and rightfully so, that government will respect our individual rights and liberties, including our property rights. Last summer the Supreme Court of the United States took a hammer to property rights with their eminent domain decision. The Court ruled that government can use its awesome power to condemn your property and give it to another private owner, for private profit. I say now what I said then the Court got it wrong. That's not the America I grew up in ... and that's not the America I want to live in. Private property is one of the bedrock foundations of our freedom. And I stand with Georgians in saying -- we will do whatever it takes to protect our personal property rights. But government has another awesome power the power to tax. Whenever government takes more than it needs of your money we have a responsibility to give it back. And that is exactly what my budget does. When rising gas prices brought a revenue windfall to government last fall, we returned $77 million to taxpayers by suspending the sales tax on gasoline. When skyrocketing natural gas prices produced another windfall to the state and made it more expensive for Georgians to heat their homes this winter, I asked the General Assembly to ratify my Executive Order cutting the sales tax on natural gas for home heating in half, giving up to $20 million back to Georgians. On behalf of the people of Georgia, I want to thank you for your speedy action today on this important item. There is another giving back story I want to share with you. We're giving back to Georgia seniors. They've worked hard and paid taxes all their lives. As we move toward 66 JOURNAL OF THE HOUSE my goal of eliminating the income tax for seniors, this year we will begin giving seniors $285 million in tax savings. Additionally, we've provided $60 million in tax relief for small business. We reformed our corporate tax system to provide greater incentives for companies to locate and grow in Georgia. My proposed Land Conservation Tax Credit provides tax savings of up to a quarter of a million dollars for land donated by individuals, and half a million for corporate donations. Along with the $5 million in my budget for local land conservation grants, this credit will help us reach Georgia's conservation goals. Our annual sales tax holidays have helped Georgia parents pay for back to school clothing and supplies with over $10 million in savings. We acknowledged the sacrifices of our National Guard by exempting the military income of Guard members on active duty from income tax a well-earned savings to military families of $4.5 million. And we've delivered hundreds of millions of dollars in property tax relief to Georgia home owners. My budget this year fully funds the homestead tax exemption at $434 million. Collectively, including my new proposals, we will have provided Georgians with more than two billion dollars in tax relief since I took office. Spending only what we need and no more. Constantly seeking new efficiencies. Aggressively returning money to the taxpayers. That's what is means for government to "live within its means." That's what it means for those of us entrusted with the management of government to meet our obligations of stewardship. The people of Georgia are the owners of our state, the ultimate shareholders to whom we are all accountable. As a growing economy brings a brighter revenue picture, we will not lose sight of these cornerstone truths. WEDNESDAY, JANUARY 11, 2006 67 We will continue to ask the tough questions and scrutinize every program and every line item. We will continue investing in Georgia families and their kitchen table issues, like education, jobs, and safe communities. But one thing we won't do is go back to the bad spending habits of the past. As I said here last year, we've already burned the ships that could take us back. We're committed now to going forward, to building a New Georgia on the foundations of openness, accountability and stewardship. In recent months, I have traveled to nearly every corner of our state. I've met with hundreds of Georgians. Farmers and students, small business owners and factory workers, young parents and retirees. They share with me their stories of success ... their plans ... their dreams ... and their optimism about Georgia's future. I feel very strongly about my responsibility to all of our citizens, as I know every member of this Legislature does. But I must admit that there is one group of Georgians toward whom I feel an extra measure of responsibility our men and women in the Armed Forces serving overseas. Especially on my mind are the troops of the Georgia National Guard's 48th Brigade, currently on active duty in Iraq. I had the privilege of spending the Thanksgiving holiday with our troops in the Middle East. I was humbled to travel to Iraq, and Afghanistan to express the gratitude, pride, and support that Georgians feel for these men and women -- our neighbors and family members -- who are giving so much to defend our freedom. I let our troops know that Georgians are keeping our promise to care for their families while they are away. Many Georgia companies and individuals have given to the Georgia National Guard Foundation, which I encourage you all to support. Tens of thousands of Georgians are lending their support in countless other ways, including through their prayers. As I visited with our soldiers, I asked if there was anything I could do for them. They wanted Georgians to know that they understand their mission to help a true democracy take root in Iraq and they are committed to finishing the job. 68 JOURNAL OF THE HOUSE Some wanted me to bring personal messages to their loved ones, which I did. Others asked, "Governor, I want to know if there will be a job waiting for me at home when we finish the job here." Last May, I proudly stood with our troops at Fort Stewart to salute them and wish them Godspeed as the 48th deployed to Iraq. But what I'm looking forward to this year is standing with our troops when Georgia welcomes them home. This is the year the 48th comes home. And the least we can do as we welcome them back is ensure that every returning service member finds a job waiting for them in Georgia. As their Governor and commander-in-chief I have made a solemn pledge to our Guard members that this will be true. Will you help me keep that promise? Our citizen soldiers are performing heroic, world-changing work. Not only by fighting bravely, but through the small, day-to-day human victories. In this war against an inhumane creed of terrorism, our innate compassion and humanity are the most effective -- and gentlest -- weapon. Thanks to Georgians, a better world is already coming into view for one young Iraqi baby Noor. It was members of Georgia's 48th Brigade who helped give new life to 3-month-old Noor, an Iraqi newborn with a severe spinal cord defect that was untreatable in Iraq. Our citizen-soldiers arranged to fly baby Noor and her grandmother to Atlanta, where doctors at Children's Health Care have performed the life-saving surgery she needs at no charge. Baby Noor is still here in Atlanta, undergoing treatment. But when she returns to her parents in Iraq, she will bear a new name, a name that carries with it the promise of hope. Her family has decided to call this precious little girl ... Georgia. One of the soldiers of the 48th whom I met during my visit was Private Shane Parham of Social Circle. Private Parham served as a gunner on a Humvee. He was injured in the line of duty when his Humvee rolled over and is now back home in Georgia. Shane has been recommended to receive the Bronze Star. WEDNESDAY, JANUARY 11, 2006 69 When he is not wearing our country's uniform, Shane serves the people of Georgia in the uniform of a Walton County deputy sheriff. As a father of three young daughters, Shane Parham's love of children has given him a special insight into the significance of the work he and his comrades in the 48th are doing. When he got back from Iraq, he had this to say: "If we can get these Iraqi children to like us, our children will not have to fight theirs." That may be the wisest comment I have heard on the conflict in Iraq. Differences of religion, politics and culture aside, Iraqis love their children too, just like we do in Georgia. And just like Georgians, Iraqi parents want a better life for their children. That was something they could never hope for. Now, thanks to a young Georgia father named Shane Parham ... and his thousands of fellow service members in the 48th Brigade and across the Armed Forces ... Iraqis have hope. We are proud to have Private Shane Parham and his wife Wendy with us in the gallery today, along with Georgia's Adjutant General David Poythress. Please join me in thanking General Poythress, Private Parham and all of our troops who are defending our freedom here and overseas. Don't let anyone tell you our troops aren't making a difference. Everything we hope to build in Georgia and every dream we hope to attain for our state is made possible by the shield and protection that they provide. They make possible the progress I expect to report when I return here next year. And they help ensure that for Georgia, as for all of America, our best days are always ahead of us. God bless America and God bless Georgia. Senator Williams of the 19th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed. The President of the Senate, Lieutenant Governor Mark Taylor, announced the Joint Session dissolved. The Speaker called the House to order. Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed. 70 JOURNAL OF THE HOUSE The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. THURSDAY, JANUARY 12, 2006 71 Representative Hall, Atlanta, Georgia Thursday, January 12, 2006 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 Black Borders Bridges Brooks Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Byrd Carter Casas Chambers Cheokas Coan Cole Coleman, B Cooper Cox Crawford Cummings Davis Dickson Dodson Drenner Dukes Ehrhart England Everson Fleming Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger Graves, T Greene Hanner Hatfield Heard, J Heard, K Hembree Hill, C Hill, C.A Holt Horne Houston Howard, E Hugley Jacobs James Jamieson Jenkins Jennings Johnson Jones, S Keen Keown Kidd Knox Lakly Lane, B Lane, R Lewis Lord Loudermilk Lunsford Maddox Manning Marin Martin Maxwell May McCall E McClinton Meadows Millar Mills E Mitchell Mosley Mumford Murphy, J Murphy, Q Neal O'Neal Parham Parrish Parsons Porter Powell Ralston Randall Ray Reece, S Reese Rice Roberts Royal Rynders Scheid Scott, A Scott, M Setzler E Shaw Sheldon Sims, F Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Smyre Stanley-Turner Talton Teilhet Thomas, A.M E Thomas, B Tumlin Warren Watson Willard Williams, A Williams, E Williams, R Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Anderson of the 123rd, Barnes of the 78th, Beasley-Teague of the 65th, Benfield of the 85th, Bordeaux of the 162nd, Brown of the 69th, Butler of the 18th, Channell of the 116th, Coleman of the 144th, Day of the 163rd, Dean of the 59th, Dollar of the 45th, Floyd of the 99th, Golick of the 34th, Graves of the 137th, Harbin of the 118th, Heckstall of the 62nd, Hudson of the 124th, Jackson of the 161st, Jordan of the 77th, Knight of the 126th, Lindsey of the 54th, Lucas of the 139th, Mangham of the 94th, Morgan of the 39th, Morris of the 155th, Mosby of the 90th, Oliver of the 83rd, Orrock of the 58th, Reece of the 11th, Rogers of the 26th, Sailor of the 93rd, Sims of the 169th, 72 JOURNAL OF THE HOUSE Sinkfield of the 60th, Stephens of the 164th, Stephenson of the 92nd, Thomas of the 55th, Walker of the 107th, Wilkinson of the 52nd, Wix of the 33rd, and Yates of the 73rd. They wish to be recorded as present. Prayer was offered by Dr. Debora Grant, Pastor, St. John A.M.E. Church, Columbus, 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 945. By Representatives Oliver of the 83rd, Ashe of the 56th, Drenner of the 86th, Kidd of the 115th, Gardner of the 57th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to repeal an exception to the age requirement for marriage in the case of pregnancy or live birth; to repeal an exception to parental consent based upon pregnancy or live THURSDAY, JANUARY 12, 2006 73 birth; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 964. By Representatives Brooks of the 63rd, Watson of the 91st, Abdul-Salaam of the 74th, Jordan of the 77th, Beasley-Teague of the 65th and others: A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, so as to prohibit the Office of Treasury and Fiscal Services from making certain deposits in certain financial institutions unless the financial institution has certified that it does not have any direct loans or knowledge of any indirect loans to certain entities connected with the Republic of Sudan; to define a certain term; to provide that a state agency may not procure certain supplies that are produced or manufactured in the Republic of Sudan; to require any bidder or offeror for any procurement over a certain amount to certify that such bidder or offeror is not doing business with or in the Republic of Sudan; to require the state to provide notice of certain requirements regarding doing business with or in the Republic of Sudan; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. HB 1008. By Representative Carter of the 159th: A BILL to be entitled an Act to amend Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Hospice Law," so as to provide that palliative care may be provided under hospice to patients with advanced and progressive diseases with a life expectancy of more than six months; to revise certain definitions relating to hospice care; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1009. By Representatives Everson of the 106th, Coan of the 101st, Sheldon of the 105th, Lunsford of the 110th, Talton of the 145th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide for the public policy of this state with respect to the provision of state or local public benefits to aliens; to recognize the existence and primacy of 74 JOURNAL OF THE HOUSE federal law on this subject; to declare that it is the policy of this state that state or local public benefits may be provided to aliens only as specifically authorized under federal law; to define terms; to require compliance by state departments and agencies and provide for annual reports with respect to compliance; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination. HB 1010. By Representatives Powell of the 29th, Bearden of the 68th, Cummings of the 16th and Parham of the 141st: 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 tax, so as to change the definition of sales price; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1011. By Representatives Buckner of the 130th, Walker of the 107th and Mosley of the 178th: A BILL to be entitled an Act to amend Chapter 5A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, so as to provide for a pilot program to test and evaluate a system of coverage for costs associated with the prevention and treatment of lymphedema; to provide for program eligibility; to provide for coverage requirements; to provide for data collection; to provide for duration of the pilot program; to provide for an evaluation report on the pilot program; to provide for automatic repeal; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Human Relations & Aging. HB 1012. By Representatives Millar of the 79th, Watson of the 91st, Chambers of the 81st, Jennings of the 82nd and Jacobs of the 80th: A BILL to be entitled an Act to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to requirements and conditions applicable to general obligation bonds, so as to provide for additional bond performance audit requirements; to provide an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, JANUARY 12, 2006 75 Referred to the Committee on Ways & Means. HB 1013. By Representative Burkhalter of the 50th: 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 an additional, limited period of time for a sales and use tax exemption under certain circumstances of jet fuel sold to or used by certain qualifying airlines; 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 1014. By Representatives Tumlin of the 38th, Ehrhart of the 36th, Jones of the 44th, Golick of the 34th, Manning of the 32nd and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend the automatic repeal date for an exemption for overhead materials of a government contractor; to delete obsolete language; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1015. By Representatives Porter of the 143rd, Hugley of the 133rd, Smyre of the 132nd, Randall of the 138th, Ashe of the 56th and others: A BILL to be entitled an Act to amend Code Section 21-2-380 of the Official Code of Georgia Annotated, relating to the definition of "absentee elector" and when reason for absentee ballot not required, so as to provide for advance voting throughout the period for absentee balloting; to provide for certain optional advance voting hours; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1016. By Representatives Drenner of the 86th, Forster of the 3rd, Oliver of the 83rd, Benfield of the 85th, Jamieson of the 28th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to repeal an exception to the minimum age requirement to contract marriage in the case of pregnancy or live birth; to repeal an exception to parental consent based upon 76 JOURNAL OF THE HOUSE pregnancy or live birth; to revise certain provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1017. By Representatives Drenner of the 86th, Forster of the 3rd, Oliver of the 83rd, Ashe of the 56th, Benfield of the 85th 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 O.C.G.A., the compulsory school attendance law, so as to provide that a minor between the ages of 16 and 18 may not withdraw from enrollment in school without the permission of his or her parent or guardian; to provide for a withdrawal conference; to require the completion and submission of a withdrawal from enrollment form; to provide for a publication delineating earning potential and financial self-sufficiency risks; to provide for printed materials and website access to materials designed to inform students and their parents and guardians of resources for various types of assistance and to track statistics relating to the withdrawal from enrollment by minors; to provide for construction; 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 1018. By Representatives Lewis of the 15th, O`Neal of the 146th, Greene of the 149th, Royal of the 171st, Hanner of the 148th and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption regarding the sale or use of biomass material utilized in the production of electrical power or the coproduction or cogeneration of electrical and steam power which is subsequently sold; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1019. By Representatives Day of the 163rd, Horne of the 71st, Neal of the 1st, Hanner of the 148th, Chambers of the 81st and others: A BILL to be entitled an Act to create and establish the "Taser Certification Act"; to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to THURSDAY, JANUARY 12, 2006 77 require certified training for law enforcement officers for the official use of tasers, stun guns, or other similar devices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. HB 1020. By Representatives Bridges of the 10th, Meadows of the 5th, Brooks of the 63rd, Cummings of the 16th and Coleman of the 97th: 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 insert language emphasizing that retirement allowances in several public retirement systems shall not become effective prior to the month following the member's final month of employment; to provide that the trustees of the Georgia Defined Contribution Plan shall establish the amount below which a departing member must withdraw his or her contributions; to provide for gender neutrality; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. HB 1021. By Representatives Oliver of the 83rd, Ashe of the 56th, Kidd of the 115th, Gardner of the 57th and Benfield of the 85th: 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 for treatment of children who are victims of commercial sexual exploitation; to provide for definitions; to change a definition; to change provisions relating to when a child may be taken into custody; to change provisions relating to when detention of a child is permitted; to change certain provisions relating to an allegation of deprivation; to change certain provisions relating to disposition of a deprived child; to amend Code Section 16-6-9 of the Official Code of Georgia Annotated, relating to prostitution, so as to add a minimum age for committing the offense of prostitution; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1022. By Representatives Bridges of the 10th, Crawford of the 127th, Harbin of the 118th, Amerson of the 9th and O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to the annual salaries of certain state officials, so as to provide that members of constitutional commissions may 78 JOURNAL OF THE HOUSE be reimbursed for certain expenses incurred during the performance of their official duties; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 1023. By Representatives Franklin of the 43rd, Willard of the 49th, Lane of the 167th, Neal of the 1st, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide that a person must have reached the age of majority to contract marriage; to repeal an exception to such age requirement in the case of pregnancy or live birth; to remove an exception to parental consent based upon pregnancy or live birth; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1024. By Representatives Franklin of the 43rd, Rynders of the 152nd, Coan of the 101st, Williams of the 4th, England of the 108th and others: A BILL to be entitled an Act to amend Code Section 50-3-100 of the Official Code of Georgia Annotated, relating to the designation of English as the official language, so as to eliminate certain discretionary authority regarding the use or printing of certain documents; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1025. By Representatives Ray of the 136th, O`Neal of the 146th, Talton of the 145th and Wix of the 33rd: 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 honoring veterans of wartime service in the armed forces of the United States; to provide for purposes, design, applications, fees, issuance, revenues, renewals, and transfers; 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. HR 1035. By Representatives Teilhet of the 40th, Oliver of the 83rd, Benfield of the 85th, Stephenson of the 92nd and Jacobs of the 80th: THURSDAY, JANUARY 12, 2006 79 A RESOLUTION proposing an amendment to the Constitution so as to provide that members of the General Assembly shall not be free from arrest during sessions of the General Assembly, committee meetings during the session, and going to and from the session; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HR 1038. By Representatives Keown of the 173rd, Hill of the 21st, Tumlin of the 38th, Davis of the 109th, Royal of the 171st and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for four-year terms of office for members of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Governmental Affairs. HR 1040. By Representatives Brooks of the 63rd, Jones of the 44th, Watson of the 91st, Smyre of the 132nd, Holmes of the 61st and others: A RESOLUTION honoring Mrs. Rosa Parks, Dr. Ralph David Abernathy, Sr., Reverend Hosea Williams, and Dr. Joseph Lowery, recognizing their accomplishments as worthy of enduring memorials, and authorizing the placement of their portraits in the State Capitol; and for other purposes. Referred to the Committee on Special Rules. HR 1054. By Representatives Day of the 163rd, Hill of the 180th, Rogers of the 26th, Stephens of the 164th and Carter of the 159th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the payment of just and adequate compensation with respect to the inverse condemnation of private property; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Judiciary. HR 1055. By Representatives Buckner of the 130th, Walker of the 107th and Mosley of the 178th: 80 JOURNAL OF THE HOUSE A RESOLUTION urging the hospitals, clinics, physicians, and other health care providers to require any lymphedema treatment to be conducted by nationally certified lymphedema therapists; and for other purposes. Referred to the Committee on Human Relations & Aging. HR 1056. By Representatives Buckner of the 130th, Walker of the 107th and Mosley of the 178th: A RESOLUTION urging the medical, nursing, occupational therapy, physical therapy, and other health related schools in this state to include training on lymphedema prevention and treatment in the required curriculum; and for other purposes. Referred to the Committee on Human Relations & Aging. HR 1078. By Representatives Franklin of the 43rd, Coan of the 101st, Brown of the 69th, Scott of the 2nd, Loudermilk of the 14th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that no tax or fee shall be imposed or increased unless approved by at least 60 percent of the qualified electors residing within the limits of the taxing jurisdiction voting in a referendum thereon; to provide for an exception; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 950 HB 956 HB 958 HB 967 HB 988 HB 989 HB 990 HB 991 HB 992 HB 993 HB 994 HB 995 HB 999 HB 1000 HB 1001 HB 1002 HB 1003 HB 1004 HB 1005 HB 1006 HB 1007 HR 1039 HR 1048 HR 1049 THURSDAY, JANUARY 12, 2006 81 HB 996 HB 997 HB 998 HR 1050 HR 1051 HR 1052 Representative Day of the 163rd District, Chairman of the Committee on Public Safety, submitted the following report: Mr. Speaker: Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 973 Do Pass Respectfully submitted, /s/ Day of the 163rd Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, JANUARY 12, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 4th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule None Modified Open Rule None Modified Structured Rule SB 84 Polls; change forms of identification 82 JOURNAL OF THE HOUSE Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the House: 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 following members were recognized during the period of Morning Orders and addressed the House: Houston of the 170th, Dean of the 59th, Kidd of the 115th, and Keen of the 179th. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1083. By Representatives Forster of the 3rd, Neal of the 1st and Dickson of the 6th: A RESOLUTION congratulating the 2005 Ringgold High School Lady THURSDAY, JANUARY 12, 2006 83 Tigers Softball Team, winners of the GHSA Class AAAA State Fast Pitch Softball Championship; to invite the team to appear before the House of Representatives; and for other purposes. HR 1087. By Representatives Cheokas of the 134th, Stephens of the 164th, Casas of the 103rd, May of the 111th, Wilkinson of the 52nd and others: A RESOLUTION inviting Mr. Peter G. Doukas, MP, to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 84. By Senators Staton of the 18th, Williams of the 19th, Chapman of the 3rd, Rogers of the 21st, Chance of the 16th and others: A BILL to be entitled an Act to amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to form of proper identification at polls, so as to change the forms of identification that are acceptable at the polls; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes The following Committee substitute was read: A BILL To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to authorize the State Election Board to conduct certain voter education programs; to change provisions relating to required presentation of identification by voters; to specify the types of identification which may be used; to provide for Georgia voter identification cards to be issued by each county board of registrars to persons who do not have a valid driver's license or identification card issued by the Department of Driver Services; to provide for the contents and appearance of such cards; to provide for applications and supporting documentation; to provide for the supply of equipment and the adoption of rules and regulations by the State Election Board; to change provisions relating to issuance of free identification cards by the Department of Driver Services; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 84 JOURNAL OF THE HOUSE Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by striking Code Section 21-2-31, relating to the duties of the State Election Board, and inserting in lieu thereof a new Code Section 21-2-31 to read as follows: "21-2-31. It shall be the duty of the State Election Board: (1) To supervise and coordinate the work of the office of the Secretary of State, superintendents, registrars, deputy registrars, poll officers, and other officials so as to obtain uniformity in their practices and proceedings and legality and purity in all primaries and elections; (2) To formulate, adopt, and promulgate such rules and regulations, consistent with law, as will be conducive to the fair, legal, and orderly conduct of primaries and elections; and, upon the adoption of each rule and regulation, the board shall promptly file certified copies thereof with the Secretary of State and each superintendent; (3) To publish and furnish to primary and election officials, from time to time, a sufficient number of indexed copies of all primary and election laws and pertinent rules and regulations then in force; (4) To publish and distribute such explanatory pamphlets regarding the interpretation and application of primary and election laws as in the opinion of the board should be distributed to the electorate; (5) To investigate, or authorize the Secretary of State to investigate, when necessary or advisable the administration of primary and election laws and frauds and irregularities in primaries and elections and to report violations of the primary and election laws either to the Attorney General or the appropriate district attorney who shall be responsible for further investigation and prosecution. Nothing in this paragraph shall be so construed as to require any complaining party to request an investigation by the board before such party might proceed to seek any other remedy available to that party under this chapter or any other provision of law; (6) To make such recommendations to the General Assembly as it may deem advisable relative to the conduct and administration of primaries and elections; (7) To promulgate rules and regulations to define uniform and nondiscriminatory standards concerning what constitutes a vote and what will be counted as a vote for each category of voting system used in this state; (8) To employ such assistants as may be necessary; and (9) Subject to funds being specifically appropriated by the General Assembly, to formulate and conduct a voter education program concerning voting procedures for voting by absentee ballot and at the polls with particular emphasis on the proper types of identification required for voting; and (10) To take such other action, consistent with law, as the board may determine to be conducive to the fair, legal, and orderly conduct of primaries and elections." SECTION 2. THURSDAY, JANUARY 12, 2006 85 Said title is further amended by striking Code Section 21-2-417, relating to presentation of identification by voters, and inserting in its place new Code Sections 21-2-417 and 212-417.1 to read as follows: "21-2-417. (a) 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 voter's certificate at any polling place and prior to such person's admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following: (1) A Georgia driver's license which was properly issued by the appropriate state agency; (2) A valid Georgia voter identification card issued under Code Section 21-2-417.1 or other 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 United States military identification card, provided that such identification card contains a photograph of the elector; or (6) A valid tribal identification card containing a photograph of the elector. (b) 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 be allowed to vote a provisional ballot pursuant to Code Section 21-2418 upon swearing or affirming that the elector is the person identified in the elector's 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 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 elector's 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 21-2- 86 JOURNAL OF THE HOUSE 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. 21-2-417.1. (a) Each county board of registrars shall provide at least one place in the county at which it shall accept applications for and issue Georgia voter identification cards which shall under state law be valid only for purposes of voter identification under Code Section 21-2-417. No fee shall be charged or collected for the application for or issuance of a Georgia voter identification card. (b) No person shall be eligible for a Georgia voter identification card if such person has a valid unexpired driver's license or identification card issued under Code Section 40-5100. (c) The Georgia voter identification card shall be captioned 'GEORGIA VOTER IDENTIFICATION CARD' and shall contain a prominent statement that under Georgia law it is valid only as identification for voting purposes. The Georgia voter identification card shall be laminated, shall contain a digital color photograph of the applicant, and shall include the following information: (1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Sex; (6) Height; (7) Weight; (8) Eye color; (9) County where the identification card was issued including a county number to be assigned for each county by the Secretary of State; and (10) Such other information or identification as required by rule of the State Election Board. (d) The application for a Georgia voter identification card shall elicit the information required under subsection (c) of this Code section and such other information as may be required by rule of the State Election Board. The application shall be signed and sworn to by the applicant and any falsification or fraud in the making of the application shall constitute a felony offense under Code Section 16-10-71, relating to the offense of false swearing. (e) The board of registrars shall require presentation and verification of the following information before issuing a Georgia voter identification card to a person: (1) A photo identity document, except that a nonphoto identity document is acceptable if it includes both the person's full legal name and date of birth; (2) Documentation showing the person's date of birth; (3) Proof of the person's social security account number; and (4) Documentation showing the person's name and address of principal residence. (f) A Georgia voter identification card shall remain valid so long as a person resides at the same address and remains qualified to vote. It shall be the duty of a person who THURSDAY, JANUARY 12, 2006 87 moves his or her residence within the State of Georgia to surrender his or her card to the board of registrars of the county of his or her new residence; and such person may after such surrender apply for and receive a new card if such person is otherwise eligible under this Code section. It shall be the duty of a person who moves his or her residence outside the State of Georgia or who ceases to be qualified to vote to surrender his or her card to the board of registrars by which it was issued. (g) Equipment and forms for the production of Georgia voter identification cards shall be provided to each county board of registrars by the State Election Board. (h) The State Election Board shall adopt rules and regulations for the administration of this Code section and, without limiting the generality of the foregoing, such rules and regulations may further define or prescribe the types of documentation required under subsection (e) of this Code section." SECTION 3. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-103, relating to fees for personal identification cards for persons without driver's licenses, by striking subsection (d) and inserting in its place a new subsection 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 driver's license in this state." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Porter of the 143rd et al. move to amend the Committee substitute to SB 84 by striking lines 2 and 3 on page 4 and inserting in lieu thereof the following: 88 JOURNAL OF THE HOUSE (a) The governing authority of each county shall provide at least one place in the county to accept applications for and issue Georgia voter identification cards which shall. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard Y Barnes N Bearden Y Beasley-Teague Y Benfield N 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 N Cole N Coleman, B Coleman, T N Cooper N Cox N Crawford Y Cummings N Davis N Day Y Dean N Dickson N Dodson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming Y Floyd, H N Floyd, J Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T Y Greene Y Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A Y Holmes N Holt N Horne N Houston Y Howard, E 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 N Maxwell N May N McCall E McClinton N Meadows N Millar 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 Y 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 N Royal N Rynders Y Sailor N Scheid N Scott, A N Scott, M N Setzler E Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M E Thomas, B N Tumlin N Walker Y Warren Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 72, nays 102. The amendment was lost. The following amendment was read: THURSDAY, JANUARY 12, 2006 89 Representative Porter of the 143rd et al. move to amend the Committee substitute to SB 84 by striking lines 33 and 34 on page 5 and inserting in lieu thereof the following: This Act shall become effective on January 1, 2010. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard Y Barnes N Bearden Y Beasley-Teague Y Benfield N 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 Chambers N Channell Y Cheokas N Coan N Cole N Coleman, B Coleman, T N Cooper N Cox N Crawford Y Cummings N Davis N Day Y Dean N Dickson N Dodson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming Y Floyd, H N Floyd, J Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T Y Greene Y Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A Y Holmes N Holt N Horne N Houston Y Howard, E 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 N Maxwell N May N McCall E McClinton N Meadows N Millar 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 N Parham N 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 N Royal N Rynders Y Sailor N Scheid N Scott, A N Scott, M N Setzler E Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M E Thomas, B N Tumlin N Walker Y Warren Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 69, nays 104. The amendment was lost. 90 JOURNAL OF THE HOUSE Due to a mechanical malfunction, the vote of Representative Chambers of the 81st was not recorded on the preceding roll call. She wished to be recorded as voting nay thereon. The following amendment was read and adopted: Representative Porter of the 143rd et al. move to amend the Committee substitute to SB 84 by striking lines 11 through 12 on page 5 and inserting in lieu thereof the following: (g) The State Election Board shall provide each county board of registrars with the necessary equipment, forms, supplies, and training for the production of the Georgia voter identification cards and shall maintain such equipment. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard 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 Y Carter Y Casas Y Chambers Y Channell 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 Everson 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 N Greene N Hanner Y Harbin Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E 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 Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall Y Ray N Reece, B N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M E Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson THURSDAY, JANUARY 12, 2006 91 N Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin 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, as amended, the ayes were 110, nays 64. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Coleman of the 144th 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 Shaw of the 176th was excused on the preceding roll call. He wished to be recorded as voting "nay" thereon. House of Representatives Legislative Office Building, Room 601 Atlanta, Georgia 30334 January 12, 2006 To the House Journal: Today I voted against S.B. 84 because the bill was shoved through the Governmental Affairs Committee on January 9 at 3 PM. On the first day of the session, the Governmental Affairs Committee was adjourned without allowing the State Elections Director to speak more than 3 minutes so that she could share the concerns of most registrars around the State. I am in favor of voters having a picture ID. Unfortunately, the way this issue has been addressed is a dismal failure. Persons who have easy access to getting a picture ID will not be impacted by this bill. But, those members of the "Greatest Generation" who no longer have a car or drivers license but who look forward each voting day to go to the poles to exercise their sacred right to vote will be impacted. If a sensible approach to mandating a picture ID was before us I could vote Yes, but today I must vote No. /s/ Gail Buckner 76 92 JOURNAL OF THE HOUSE The following Resolutions of the House were read and adopted: HR 1088. By Representative Dukes of the 150th: A RESOLUTION commending the first students to integrate the Baker County schools; and for other purposes. HR 1089. By Representatives O`Neal of the 146th, Royal of the 171st, Burkhalter of the 50th, Keen of the 179th, Porter of the 143rd and others: A RESOLUTION commending Robert J. "Bobby" Lenihan; and for other purposes. HR 1090. By Representative Smith of the 113th: A RESOLUTION commending Tyler Johnson Meehan; and for other purposes. HR 1091. By Representatives Lewis of the 15th, Loudermilk of the 14th and Graves of the 12th: A RESOLUTION commending Alexander Johnston Ginn on becoming an Eagle Scout; and for other purposes. HR 1092. By Representatives Davis of the 109th, Everson of the 106th, Stephens of the 164th, Loudermilk of the 14th, Cox of the 102nd and others: A RESOLUTION commending the Georgia Farm Bureau for adopting Resolution 074-A with respect to the federal estate tax; and for other purposes. HR 1093. By Representatives Davis of the 109th, Cox of the 102nd, Casas of the 103rd, Everson of the 106th, Loudermilk of the 14th and others: A RESOLUTION commending Honorable Nathan Deal, Phil Gingrey, Jack Kingston, John Linder, Charlie Norwood, Tom Price, and Lynn Westmoreland with respect to H.R. 25, the Fair Tax Act; and for other purposes. Representative Keen of the 179th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning, and the motion prevailed. The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning. FRIDAY, JANUARY 13, 2006 93 Representative Hall, Atlanta, Georgia Friday, January 13, 2006 The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker Pro Tempore. The roll was called and the following Representatives answered to their names: Amerson Ashe Barnard Bearden Benton Bordeaux E Borders Bridges Brooks Brown Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Byrd Carter Chambers Cheokas Coan Cole Coleman, B Cooper Crawford Cummings Davis Day Dickson Dodson Drenner Ehrhart England Everson Fleming Floyd, J Forster Franklin Freeman Geisinger Graves, D Graves, T Greene Hatfield Heard, J Heard, K Hembree E Henson Holmes Holt Hugley James Jamieson Jenkins Jennings Johnson Jones, J Jones, S Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lunsford Maddox Manning Marin Martin Maxwell May E McCall E McClinton Meadows Millar Mills Mitchell Mosby Mosley Mumford Murphy, J Murphy, Q Neal E Oliver O'Neal Parham Parrish Parsons Porter Ralston Randall Reece, S Reese Rice Roberts Rogers Royal Rynders Scheid Scott, A Scott, M E Shaw Sims, F Smith, B Smith, L E Smith, P Smith, R Smith, T Smith, V Stanley-Turner Talton Teilhet E Thomas, B Tumlin Warren Wilkinson Willard Williams, A Williams, E Williams, R Yates The following members were off the floor of the House when the roll was called: Representatives Abdul-Salaam of the 74th, Anderson of the 123rd, Barnes of the 78th, Beasley-Teague of the 65th, Benfield of the 85th, Black of the 174th, Bruce of the 64th, Butler of the 18th, Casas of the 103rd, Channell of the 116th, Cox of the 102nd, Dean of the 59th, Dollar of the 45th, Dukes of the 150th, Epps of the 128th, Floyd of the 99th, Fludd of the 66th, Gardner of the 57th, Golick of the 34th, Hanner of the 148th, Harbin of the 118th, Heckstall of the 62nd, Horne of the 71st, Houston of the 170th, Howard of the 121st, Hudson of the 124th, Jordan of the 77th, Lucas of the 139th, Mangham of the 94th, Morris of the 155th, Orrock of the 58th, Powell of the 29th, Ray of the 136th, Reece of the 11th, Sailor of the 93rd, Sheldon of the 105th, Sims of the 169th, Sinkfield of the 60th, Smyre of the 132nd, Stephens of the 164th, Thomas of the 55th, Walker of the 107th, Watson of the 91st, and Wix of the 33rd. 94 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Dr. Tommy Roderick Daniels, Ten Mile Creek Baptist Church, Baxley, 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 1026. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006, known as the "General Appropriations Act," approved May 10, 2005 (Ga. L. 2005, p. 1319). Referred to the Committee on Appropriations. FRIDAY, JANUARY 13, 2006 95 HB 1027. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending July 30, 2007. Referred to the Committee on Appropriations. HB 1028. By Representatives Forster of the 3rd, Neal of the 1st and Williams of the 4th: A BILL to be entitled an Act to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to require the applicants to be at least 16 years of age in the case of pregnancy or live birth; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1029. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to property estates in general, so as to provide for a limitation of time upon the validity of possibilities of reverter and rights of reentry for breach of condition subsequent; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1030. By Representative Smith of the 129th: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 96 JOURNAL OF THE HOUSE Referred to the Committee on Ways & Means. HB 1031. By Representatives Dodson of the 75th, Willard of the 49th, Royal of the 171st, Barnes of the 78th, Jordan of the 77th and others: A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for gender neutrality with regard to the offense of incest; to change certain provisions relating to sodomy; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1032. By Representatives Lunsford of the 110th, Ralston of the 7th, Forster of the 3rd, England of the 108th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide for certain restrictions on the issuance of such permit; to provide for a background check for permit renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1033. By Representatives Lunsford of the 110th, Smith of the 129th, Graves of the 12th, May of the 111th, Floyd of the 147th and others: A BILL to be entitled an Act to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to provide for a referendum to approve a commuter rail project within or through a county or municipality; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. HB 1034. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th: A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead FRIDAY, JANUARY 13, 2006 97 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 1035. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th: A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are disabled or are 65 years of age or over and who meet certain income limitations; 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 1036. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th: A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for senior citizens whose household income does not exceed $39,000.00; 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 1037. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th: A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that city who are disabled or are 65 years of age or over and who meet certain income limitations; to provide for definitions; to specify the terms and conditions of 98 JOURNAL OF THE HOUSE 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 1038. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th: A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1039. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th: A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city who are disabled or are 70 years of age or over and who meet certain income limitations; 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 1040. By Representatives Williams of the 4th, Dickson of the 6th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 48-8-39 of the Official Code of Georgia Annotated, relating to the effect of use other than retention, demonstration, or display by the giver of certain certification or by the processor, manufacturer, or converter of tangible personal property, so as to define the total raw material cost of carpet samples for certain fair market valuation purposes; to provide for an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, JANUARY 13, 2006 99 Referred to the Committee on Ways & Means. HB 1041. By Representatives Williams of the 4th, Dickson of the 6th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 48-8-39 of the Official Code of Georgia Annotated, relating to the effect of use other than retention, demonstration, or display by the giver of certain certification or by the processor, manufacturer, or converter of tangible personal property, so as to change certain provisions regarding the total raw material cost of carpet samples; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1042. By Representatives Williams of the 4th, Dickson of the 6th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 48-7-33 of the Official Code of Georgia Annotated, relating to annual accounting periods, so as to provide for treatment of 52-53 week taxable years; to provide for powers, duties, and authority of the state revenue commissioner; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1043. By Representative Barnes of the 78th: A BILL to be entitled an Act to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to prohibit the stop payment of checks for consideration or wages; to require financial institutions to provide verification as to the sufficiency of funds when a stop payment is ordered; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1044. By Representatives Cheokas of the 134th, Barnard of the 166th, Lane of the 158th, Lunsford of the 110th, Forster of the 3rd and others: A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and 100 JOURNAL OF THE HOUSE possession of firearms, so as to provide that part-time municipal and city court judges shall be treated as full-time judges for purposes of being exempt from certain state weapons requirements so that part-time judges shall be exempt in the same manner as full-time judges; 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 1045. By Representatives Powell of the 29th, Willard of the 49th, McCall of the 30th, Bearden of the 68th, Crawford of the 127th and others: A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee balloting, so as to repeal the provisions of law concerning casting absentee ballots by mail without specifying a reason; to provide for the casting of absentee ballots on the day prior to a primary, election, or run-off primary or election; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1046. By Representative Harbin of the 118th: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006 known as the "General Appropriations Act", approved May 10, 2005 (Act 395); and for other purposes. Referred to the Committee on Appropriations. HB 1047. By Representative Harbin of the 118th: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007; and for other purposes. Referred to the Committee on Appropriations. HB 1048. By Representatives Buckner of the 76th, Orrock of the 58th, Jennings of the 82nd, Drenner of the 86th, Gardner of the 57th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with FRIDAY, JANUARY 13, 2006 101 respect to reel mowers; 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 1049. By Representatives Dodson of the 75th, Barnes of the 78th, Coan of the 101st and Heard of the 104th: A BILL to be entitled an Act to amend Code Section 48-13-20 of the Official Code of Georgia Annotated, relating to time for payment of fees and taxes, so as to provide that regulatory fees for work or services done for the health, comfort, or safety of one or more individuals or to protect or maintain property may be paid after commencing business or the practice of a profession; to provide that work or services done for the health, comfort, or safety of one or more individuals or to protect or maintain property includes heating and air conditioning repair, service, and installation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1050. By Representatives Wix of the 33rd, Royal of the 171st, Rice of the 51st, Ray of the 136th and Martin of the 47th: 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 tax, so as to change the definition of sales price; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1051. By Representatives Buckner of the 76th, Reece of the 11th, Sims of the 151st and Dickson of the 6th: 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 students majoring in the education of special needs students and teachers who teach special needs students; 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. 102 JOURNAL OF THE HOUSE Referred to the Committee on Ways & Means. HB 1052. By Representatives Murphy of the 23rd and Rice of the 51st: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for a distinguishable transporter license plate; to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers, so as to provide for definitions; 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. HR 1079. By Representatives Millar of the 79th, Burmeister of the 119th, Manning of the 32nd, Byrd of the 20th and Houston of the 170th: A RESOLUTION creating the House Study Committee on the Creation of a Children's Budget; and for other purposes. Referred to the Committee on Children & Youth. HR 1080. By Representatives Smith of the 113th, Ehrhart of the 36th, Harbin of the 118th, Royal of the 171st, Floyd of the 147th and others: A RESOLUTION creating the House State-Local Shared Usage of Government Facilities Study Committee; and for other purposes. Referred to the Committee on State Institutions & Property. HR 1081. By Representatives Smith of the 113th, Ehrhart of the 36th, Harbin of the 118th, Royal of the 171st, Floyd of the 147th and others: A RESOLUTION creating the Joint Higher Education Finance and Formula Study Committee; and for other purposes. Referred to the Committee on Higher Education. HR 1082. By Representatives Smith of the 113th, Ehrhart of the 36th, Harbin of the 118th, Royal of the 171st, Floyd of the 147th and others: A RESOLUTION creating the House Higher Education Finance and Formula Study Committee; and for other purposes. FRIDAY, JANUARY 13, 2006 103 Referred to the Committee on Higher Education. HR 1084. By Representatives Barnes of the 78th, Jordan of the 77th, Dodson of the 75th, McCall of the 30th and Roberts of the 154th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may provide by local law, subject to approval in a referendum, for the election of the school superintendent of any local school system by a majority of the qualified electors of the local school system; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Governmental Affairs. HR 1085. By Representatives Smith of the 113th, Martin of the 47th, Scheid of the 22nd, Royal of the 171st, Ehrhart of the 36th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that no tuition increase for any institution in the University System of Georgia shall take effect in any fiscal year unless such increase was adopted by the board of regents prior to submission of the draft of a general appropriations bill for that fiscal year; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Appropriations. HR 1086. By Representatives Mosley of the 178th, Lane of the 167th, Smith of the 168th, Loudermilk of the 14th and Sheldon of the 105th: A RESOLUTION creating the House Performance Enhancing Drugs in Athletics Study Committee; and for other purposes. Referred to the Committee on Health & Human Services. By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee: HB 1060. By Representatives Martin of the 47th, Lewis of the 15th, Roberts of the 154th, Lunsford of the 110th and Freeman of the 140th: A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to enact the "Wireless Communications Security Act"; to define a certain 104 JOURNAL OF THE HOUSE term; to provide that any vendor of prepaid wireless communication service shall require identification from any person seeking to purchase more than ten units of prepaid wireless communication devices; to provide for certain records; to provide for certain notifications; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 945 HB 964 HB 1008 HB 1009 HB 1010 HB 1011 HB 1012 HB 1013 HB 1014 HB 1015 HB 1016 HB 1017 HB 1018 HB 1019 HB 1020 HB 1021 HB 1022 HB 1023 HB 1024 HB 1025 HR 1035 HR 1038 HR 1040 HR 1054 HR 1055 HR 1056 HR 1078 Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 804 Do Pass, by Substitute HB 960 Do Pass, by Substitute SB 25 Do Pass, by Substitute SB 153 Do Pass, by Substitute Respectfully submitted, /s/ Willard of the 49th Chairman FRIDAY, JANUARY 13, 2006 105 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 713 Do Pass Respectfully submitted, /s/ Ehrhart of the 36th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, JANUARY 13, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 5th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 978 Capitol Art Standards Commission; create Modified Open Rule None Modified Structured Rule None Structured Rule None 106 JOURNAL OF THE HOUSE Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the Senate: SB 386. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition of state senatorial districts and, in particular, Senate Districts 46, 47, and 49; to provide for the election of such Senators; to provide when such Senators so elected shall take office; to provide for the continuation of present senatorial districts until a certain time; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate has adopted the Committee of Conference Report #3 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 attorney's 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 read the first time and referred to the Committee: SB 386. By Senator Hudgens of the 47th: FRIDAY, JANUARY 13, 2006 107 A BILL to be entitled an Act to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition of state senatorial districts and, in particular, Senate Districts 46, 47, and 49; to provide for the election of such Senators; to provide when such Senators so elected shall take office; to provide for the continuation of present senatorial districts until a certain time; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Legislative and Congressional Reapportionment. The following members were recognized during the period of Morning Orders and addressed the House: Brooks of the 63rd, Brown of the 69th, Neal of the 1st, and Keen of the 179th. Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time: HB 978. By Representatives Hill of the 21st and Smyre of the 132nd: A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 45 of the O.C.G.A., relating to the Georgia Capitol Museum, so as to create the Capitol Art Standards Commission; to provide for its membership and appointment; to provide for the terms of members of the commission and the filling of vacancies; to provide for duties and responsibilities; to provide a definition; to provide for the acceptance of certain funds; to provide limitations on the consideration and passage of bills and resolutions authorizing or requiring the display of certain artwork; to provide for related matters; to repeal Code Section 50-16-5.2 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Art Policy Committee; to repeal conflicting laws; and for other purposes. The following amendment was read and adopted: Representative May 111 moves to amend HB 978 by striking lines 21 through 23 on page 1 and inserting in lieu thereof the following: (b) The Capitol Art Standards Commission shall be comprised of 15 members. Three members shall be appointed by the Governor, of whom one shall be designated as chairperson. Three members shall be appointed by the Senate Committee on 108 JOURNAL OF THE HOUSE Assignments and three members shall be appointed by the Speaker of the House of Representatives. One member each shall be. 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 Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May E McCall E McClinton Y Meadows Y Millar Y Mills Y Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal E Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal N Rynders Y Sailor Y Scheid Y Scott, A N Scott, M Setzler E Shaw Sheldon 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 E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix Y Yates Y Richardson, Speaker On the passage of the Bill, as amended, the ayes were 152, nays 6. The Bill, having received the requisite constitutional majority, was passed, as amended. FRIDAY, JANUARY 13, 2006 109 Representatives Setzler of the 35th 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 Resolutions of the House were read and adopted: HR 1095. By Representative Hatfield of the 177th: A RESOLUTION remembering and honoring the life of Mr. Nelson Greene; and for other purposes. HR 1096. By Representative Hudson of the 124th: A RESOLUTION commending Dr. Jerry Snider, the 2007 McDuffie County Teacher of the Year; and for other purposes. HR 1097. By Representative Hudson of the 124th: A RESOLUTION commending Ms. Jennifer Sanifer, the 2007 Maxwell Elementary School Teacher of the Year; and for other purposes. HR 1098. By Representative Hudson of the 124th: A RESOLUTION commending Ms. Liz Evans, the 2007 Dearing Elementary School Teacher of the Year; and for other purposes. HR 1099. By Representative Hudson of the 124th: A RESOLUTION commending Ms. Jennifer Eriksen, the 2007 Thomson Elementary School Teacher of the Year; and for other purposes. HR 1100. By Representative Hudson of the 124th: A RESOLUTION commending Mr. Neal Tam, the 2007 Thomson Middle School Teacher of the Year; and for other purposes. HR 1101. By Representative Hudson of the 124th: A RESOLUTION commending Dr. Jerry Snider, the 2007 Norris Elementary School Teacher of the Year; and for other purposes. HR 1102. By Representative Hudson of the 124th: 110 JOURNAL OF THE HOUSE A RESOLUTION commending Ms. Ann Pereda, the 2007 Thomson High School Teacher of the Year; and for other purposes. HR 1103. By Representative Hudson of the 124th: A RESOLUTION commending Mayor Edward D. Ricketson, Jr., on the occasion of his retirement; and for other purposes. HR 1104. By Representative Wix of the 33rd, Richardson of the 19th, Burkhalter of the 58th, Coleman of the 144th, and Keen of the 179th: A RESOLUTION commending the honorable and memorable life of Mr. James Ray Crawford, Jr.; and for other purposes. HR 1105. By Representative Loudermilk of the 14th, Lewis of the 15th, and Graves of the 12th: A RESOLUTION commending Melvin Bagley; and for other purposes. Representative Keen of the 179th moved that the House do now adjourn until 1:00 o'clock, P.M., Monday, January 23, 2006, and the motion prevailed. Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 1:00 o'clock, P.M., Monday, January 23, 2006. MONDAY, JANUARY 23, 2006 111 Representative Hall, Atlanta, Georgia Monday, January 23, 2006 The House met pursuant to adjournment at 1:00 o'clock, P.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Abdul-Salaam Amerson Anderson Barnard Bearden Benfield Benton Black Bridges Brooks Brown Bryant Buckner, D Buckner, G Burkhalter Burmeister Byrd Carter Casas Chambers Cheokas Coan Coleman, B Cooper Cox E Cummings Davis Dickson Dodson Dollar Drenner Dukes Ehrhart England Epps Everson Fleming E Floyd, J Forster Franklin Freeman Gardner Geisinger Graves, D Graves, T Greene Hanner Harbin Heard, J Heard, K Hembree E Henson Hill, C Hill, C.A Holmes Holt Horne Jacobs James Jamieson Jenkins Jennings Jones, S Jordan Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lunsford Maddox Manning Martin Maxwell May McCall E McClinton Meadows Millar Mills Mitchell Morris Mosby Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Parham Parrish Parsons Powell Ralston Reece, B Reece, S Reese Rice Roberts Royal Rynders E Sailor Scheid Scott, M Shaw Sheldon Sims, C Sims, F Sinkfield Smith, B Smith, P Smith, R Smith, T Smith, V E Stanley-Turner Stephens Talton Teilhet Thomas, A.M Thomas, B Tumlin Warren Wilkinson Williams, E Williams, R Yates Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Ashe of the 56th, Beasley-Teague of the 65th, Bordeaux of the 162nd, Borders of the 175th, Bruce of the 64th, Burns of the 157th, Butler of the 18th, Channell of the 116th, Cole of the 125th, Coleman of the 144th, Crawford of the 127th, Day of the 163rd, Dean of the 59th, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Hatfield of the 177th, Heckstall of the 62nd, Houston of the 170th, Howard of the 121st, Hudson of the 124th, Hugley of the 133rd, Jackson of the 161st, Johnson of the 37th, Lucas of the 139th, Mangham of the 94th, Marin of the 96th, Morgan of the 39th, Orrock of the 58th, Porter of the 143rd, Randall of the 138th, Ray of the 136th, Scott of 112 JOURNAL OF THE HOUSE the 153rd, Setzler of the 35th, Smith of the 70th, Smyre of the 132nd, Walker of the 107th, Watson of the 91st, Williams of the 165th, and Wix of the 33rd. They wish to be recorded as present. Prayer was offered by the Reverend George LaShure, Cosmopolitan A.M.E. Church, Atlanta, Georgia. The members pledged allegiance to the flag. Representative Heard of the 104th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees: HB 1053. By Representatives Mills of the 25th, Rice of the 51st, Ehrhart of the 36th, Keen of the 179th, Fleming of the 117th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the national motto, "In God We Trust"; to MONDAY, JANUARY 23, 2006 113 provide for a portion of the revenue to go to the Boy Scouts of America; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1054. By Representatives Stephens of the 164th, Parham of the 141st, Parrish of the 156th, Graves of the 137th and Carter of the 159th: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I controlled substances; to change certain provisions relating to Schedule IV controlled substances; to change certain provisions relating to the definition of the term "dangerous drug"; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1055. By Representatives Keown of the 173rd, Freeman of the 140th, Hill of the 21st, Setzler of the 35th, Black of the 174th and others: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for a short title; to provide for the adoption and implementation of Internet safety policies in public schools; to provide for the adoption and implementation of Internet safety policies in public libraries; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1056. By Representatives Benton of the 31st, England of the 108th and Lunsford of the 110th: A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the O.C.G.A., relating to contracts for public works, so as to prohibit any department, agency, or instrumentality of the state or any political subdivision of the state from entering into a contract for the performance of services within the State of Georgia unless the contract provides that only persons who are citizens or nationals of the United States shall perform the services under the contract or any subcontract thereunder; to provide for certain provisions to be included in any such contracts; to prohibit retaliation 114 JOURNAL OF THE HOUSE against a party filing a complaint for violation of these provisions; to provide for administrative complaints; to provide for judicial review; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1057. By Representatives Mills of the 25th and Rice of the 51st: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for certain persons and vehicles, so as to provide for a special license plate promoting child abuse prevention; to provide for a portion of the revenue to go to the Foster Family Foundation of Georgia; to provide for purposes, design, applications, fees, issuance, revenues, renewals, and transfers; 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 1058. By Representatives Brown of the 69th, Knox of the 24th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 45-18-54 of the Official Code of Georgia Annotated, relating to continuation of optional health care plans, so as to provide that certain health care plans writing optional supplemental health care insurance products for state agencies shall be approved to write optional supplemental health care insurance products for all state agencies; to provide that any department, agency, authority, county department of health, or local board of education may receive an administrative fee or service fee for certain services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1059. By Representatives Keen of the 179th, Ralston of the 7th, Burkhalter of the 50th, Freeman of the 140th, Thomas of the 55th and others: A BILL to be entitled an Act to amend Titles 16, 17, 35, and 42 of the O.C.G.A., relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, MONDAY, JANUARY 23, 2006 115 registration requirements, and areas where certain offenders can reside as it affects sexual offenders; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to reorganize and change provisions related to the State Sexual Offender Registry; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1061. By Representatives Wix of the 33rd, Teilhet of the 40th, Porter of the 143rd, Jamieson of the 28th, Powell of the 29th and others: A BILL to be entitled an Act to create and establish the "Georgia Right to Self-defense Act of 2006"; to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse in criminal prosecutions, so as to provide that under certain circumstances there is no duty to retreat when using force in defense of self or others or in defense of habitation; to create a legal presumption for the reasonable use of force in self-defense cases; to amend Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for defenses to tort actions, so as to provide immunity from civil action for the use of force in defense of self or others; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1062. By Representatives Wilkinson of the 52nd, Jacobs of the 80th, Lindsey of the 54th, Henson of the 87th, Willard of the 49th and others: A BILL to be entitled an Act to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide that no insurer offering life insurance coverage to citizens of this state shall deny or refuse to accept an application for life insurance; refuse to issue or renew a contract of life insurance; cancel, restrict, or otherwise terminate a contract of life insurance; or charge a different rate for the same life insurance coverage, based upon an applicant's or insured's past or future travel to the State of Israel; to provide for certain exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. 116 JOURNAL OF THE HOUSE HB 1063. By Representatives Scheid of the 22nd, Chambers of the 81st, Franklin of the 43rd, Royal of the 171st and Holt of the 112th: 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 ad valorem tax exemptions, so as to provide for an exemption for all tangible personal property consisting of inventory of a business; to provide for applicability; to provide for effective dates; to provide for a special election; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1064. By Representatives Tumlin of the 38th, Lindsey of the 54th and Lane of the 167th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to revise the statutory living will form; to provide for automatic revocation of a health care agency by the execution of a subsequent agency; to revise the statutory health care power of attorney form; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1065. By Representative Scheid of the 22nd: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the O.C.G.A., relating to sales and use taxes, so as to provide for funding of projects and services through the levy and collection of a municipal sales and use tax; to provide for the rate and manner of imposition of such tax; to provide for applicability to certain sales; to provide for definitions; to provide for powers, duties, and authority of municipal governing authorities with respect to such tax; to provide for powers, duties, and authority of the state revenue commissioner with respect to such tax; to provide for collection and administration of such tax; to provide for returns; to provide for a method for discontinuation of such tax; to provide for local imposition of certain taxes; to provide for collection of data regarding point of retail sale; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. MONDAY, JANUARY 23, 2006 117 HB 1066. By Representatives Manning of the 32nd, Ehrhart of the 36th, O`Neal of the 146th, Cooper of the 41st, Brown of the 69th and others: A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to change certain provisions relating to a system for screening newborns for certain metabolic and genetic disorders; to provide for the establishment of fees; to provide for religious objection to screening; to change certain provisions relating to screening for phenylketonuria, sickle cell anemia, and sickle cell trait; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Children & Youth. HB 1067. By Representatives Forster of the 3rd, Davis of the 109th, Manning of the 32nd and Fludd of the 66th: A BILL to be entitled an Act to amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to change certain provisions relating to creation and membership of the Georgia Commission on Interstate Cooperation; to provide for allowances; to change certain provisions relating to functions of the Georgia Commission on Interstate Cooperation; to change certain provisions relating to a declaration that the Council of State Governments, Council of State Governments Clairmont Road, L.L.C., and Southern Legislative Conference are joint governmental agencies of this state; to provide that certain organizations are joint governmental agencies of this state; to repeal conflicting laws; and for other purposes. Referred to the Committee on Interstate Cooperation. HB 1068. By Representatives Ehrhart of the 36th, Tumlin of the 38th, Parsons of the 42nd, Manning of the 32nd, Golick of the 34th and others: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, so as to provide for procedures relating to the establishment or revision of school attendance zones; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. 118 JOURNAL OF THE HOUSE HB 1069. By Representatives Murphy of the 23rd, Brown of the 69th, Hill of the 21st, Knox of the 24th, Wilkinson of the 52nd 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 establish a young driver tracking service; to provide for methods of tracking young drivers; to provide for use of the tracking service by the courts; to provide for registration of the service with the Department of Driver Services; to provide for insurance deductions for users of the tracking service; 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 1070. By Representatives Loudermilk of the 14th, Hill of the 21st, Lunsford of the 110th, Mosley of the 178th, Reece of the 11th and others: A BILL to be entitled an Act to amend Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to the Department of Driver Services, so as to create a procedure for verifying any claim of legal domicile or residence in Georgia for any purpose for which legal residence or domicile is required by law; to provide for exceptions; to provide for a list of valid identification documents; to provide for the promulgation of regulations; to provide for penalties; to provide for judicial review; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1071. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Code Section 50-18-73 of the Official Code of Georgia Annotated, relating to jurisdiction to enforce the inspection of public records, attorney's fees and litigation expenses, and good faith reliance as defense to action, so as to provide for the award of attorney's fees to a person or entity bringing a successful action to enforce compliance with the requirements relating to the inspection of public records; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1072. By Representatives Burkhalter of the 50th, Willard of the 49th, Rice of the 51st and Jones of the 46th: MONDAY, JANUARY 23, 2006 119 A BILL to be entitled an Act to incorporate the City of Riverside in Fulton County, Georgia; to provide a charter for the City of Riverside; 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 provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for a city attorney, a city clerk, a city tax collector, a city accountant, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for a charter commission; to provide for severability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1073. By Representatives O`Neal of the 146th, Talton of the 145th and Ray of the 136th: 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 Houston 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 authorize the governing authority of the counties which comprise the Houston Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for a conditional effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HR 1094. By Representatives Scheid of the 22nd, Smith of the 113th, Cummings of the 16th, Rogers of the 26th, Harbin of the 118th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that funds derived from sales and use and motor fuel taxes with respect to aviation fuel may be appropriated for and grant made for all activities incident to providing and maintaining an adequate system of public-use airports in this state; to authorize the General Assembly to allocate 120 JOURNAL OF THE HOUSE and specify and direct the use of such funds by general law; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Appropriations. HR 1108. By Representatives Loudermilk of the 14th, Reece of the 11th and Cummings of the 16th: A RESOLUTION dedicating the SPC Justin W. Johnson Memorial Interchange; and for other purposes. Referred to the Committee on Transportation. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1026 HB 1027 HB 1028 HB 1029 HB 1030 HB 1031 HB 1032 HB 1033 HB 1034 HB 1035 HB 1036 HB 1037 HB 1038 HB 1039 HB 1040 HB 1041 HB 1042 HB 1043 HB 1044 HB 1045 HB 1046 HB 1047 HB 1048 HB 1049 HB 1050 HB 1051 HB 1052 HB 1060 HR 1079 HR 1080 HR 1081 HR 1082 HR 1084 HR 1085 HR 1086 SB 386 Representative Bridges of the 10th District, Chairman of the Committee on Retirement, submitted the following report: Mr. Speaker: MONDAY, JANUARY 23, 2006 121 Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 895 Do Pass, by Substitute Respectfully submitted, /s/ Bridges of the 10th 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 692 Do Pass Respectfully submitted, /s/ Barnard of the 166th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, JANUARY 23, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 6th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 251 HB 344 Judges of the Probate Courts Retirement Fund; designating surviving beneficiary Firefighters' Pension Fund; return to service after retirement; benefit 122 JOURNAL OF THE HOUSE HB 357 HB 660 HB 749 HB 809 HB 821 Class Nine Fire Department Pension Fund; increase maximum monthly retirement benefit Firefighters' and Class Nine Pension Funds; certain active military duty; creditable service Firefighters' Pension; certain active military duty; creditable service Superior Court Clerks' Retirement; survivors benefits; amend provisions Judicial Retirement; certain judges or district attorneys; creditable service Modified Open Rule None Modified Structured Rule None Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman The following members were recognized during the period of Morning Orders and addressed the House: Heard of the 114th, Davis of the 109th, Yates of the 73rd, and Mills of the 25th. The following Resolution of the House was read and referred to the Committee on Rules: HR 1106. By Representative Ray of the 136th: Commending the Georgia Peach Festival and inviting the 2005 Georgia Peach Queens to appear before the House of Representatives; and for other purposes. The following Resolution of the House was read and adopted: MONDAY, JANUARY 23, 2006 123 HR 1107. By Representative Keen of the 179th A RESOLUTION Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the honorable Chief Justice of the Supreme Court is hereby invited to address a joint session of the House of Representatives and the Senate at 2:00 P.M., Wednesday, January 25, 2006, in the hall of the House of Representatives. BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 1:45 P.M. on the aforesaid date for the purpose of hearing an address from the Chief Justice. BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Representatives for the purpose of hearing the address from the Chief Justice. BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 251. By Representatives Bridges of the 10th, Cummings of the 16th and Coleman of the 97th: A BILL to be entitled an Act to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refund of dues under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that a member who is unmarried at the time of retirement may elect a retirement option of an actuarially reduced amount with payment made to a designated surviving beneficiary; to provide that a member who is married at the time of retirement may make such an election with the consent of his or her spouse; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 124 JOURNAL OF THE HOUSE On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns 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 E Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 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 Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Y Orrock 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 Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B E Smith, L Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E 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 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 157, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Hanner of the 148th and Heard of the 104th 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 821. By Representatives Yates of the 73rd, Knight of the 126th and Lunsford of the 110th: MONDAY, JANUARY 23, 2006 125 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. 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 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 Y Brown Y Bruce Y Bryant Y Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Y Crawford E Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J 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, E 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 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 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 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 Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B E Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E 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 Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker 126 JOURNAL OF THE HOUSE On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Murphy of the 120th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 809. By Representatives Knight of the 126th, Lunsford of the 110th and Yates of the 73rd: A BILL to be entitled an Act to amend Code Section 47-14-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits in the Superior Court Clerk's Retirement Fund, additional or partial retirement benefits, and election to provide both retirement and survivors benefits, so as to provide that certain persons who elected a survivors benefit and whose spouse predeceased him or her shall receive a postretirement benefit adjustment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague 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 Crawford E Cummings Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May McCall E McClinton Y Meadows Y Millar 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 E 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 E Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M MONDAY, JANUARY 23, 2006 127 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 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 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 Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Thomas, B Y Tumlin Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Davis of the 109th and Lucas of the 139th 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, HB 344, HB 357, HB 660 and HB 749 were postponed until the next legislative day. The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference 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 report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON SB 203 The Committee of Conference on SB 203 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 203 be adopted. Respectfully submitted, 128 JOURNAL OF THE HOUSE FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Wiles Senator, 37th District /s/ Willard Representative, 49th District /s/ Meyer Von Bremen Senator, 12th District /s/ Ehrhart Representative, 36th District /s/ Weber Senator, 40th District /s/ Franklin Representative, 43rd District A BILL To amend Title 15 and 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 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 attorney's fees and costs under certain circumstances; to provide for definitions; to provide for clarity regarding which entities may be entitled to collect attorney's fees and the mechanism for such collection; to correct a cross-reference relating to circuit public defender office's contracts with local governments; to provide for provisions relating to work release programs in felony sentences; to provide for revocation of work release status; 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. MONDAY, JANUARY 23, 2006 129 (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 attorney's office. Such funds shall be paid over in the same manner as other county funds paid for operations of the district attorney's 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 130 JOURNAL OF THE HOUSE which the funds were received. A copy of each recipient's 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 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 MONDAY, JANUARY 23, 2006 131 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, recorder's, mayor's, and magistrate courts except that municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned shall be subject to such fee, whether such matter is contested or not. (b)(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 year's support; 132 JOURNAL OF THE HOUSE (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 be 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 impose and collect the application fee authorized by subsection (f) of this Code section." SECTION 4. MONDAY, JANUARY 23, 2006 133 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. 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 title is further amended by inserting a new Article 2A of Chapter 12 to read as follows: "ARTICLE 2A 17-12-50. As used in this article, the term: 134 JOURNAL OF THE HOUSE (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 defendant's 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 defendant's dependent 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 defendant's 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 defendant's 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. MONDAY, JANUARY 23, 2006 135 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 7. 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 defendant's 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." SECTION 8. This Act shall become effective on July 1, 2006. 136 JOURNAL OF THE HOUSE SECTION 9. 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 SB 203. 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 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 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 Crawford E Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight N 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 On the motion, the ayes were 162, nays 1. Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar 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 Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E 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 The motion prevailed. 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. MONDAY, JANUARY 23, 2006 137 The following Resolution of the House was read: HR 1114. 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 January 23, 2006, through February 6, 2006, shall be as follows: Monday, January 23 ...................................................in session for legislative day 6 Tuesday, January 24 ...................................................in session for legislative day 7 Wednesday, January 25 ..............................................in session for legislative day 8 Thursday, January 26 .................................................in session for legislative day 9 Friday, January 27 ......................................................in adjournment Saturday, January 28 ..................................................in adjournment Sunday, January 29.....................................................in adjournment Monday, January 30 ...................................................in adjournment Tuesday, January 31 ...................................................in session for legislative day 10 Wednesday, February 1 ..............................................in session for legislative day 11 Thursday, February 2 .................................................in session for legislative day 12 Friday, February 3 ......................................................in session for legislative day 13 Saturday, February 4 ..................................................in adjournment Sunday, February 5.....................................................in adjournment Monday, February 6 ...................................................in session for legislative day 14 BE IT FURTHER RESOLVED that on and after February 6, 2006, the periods of adjournment of the 2006 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2006 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Crawford E Cummings Y Davis Hill, C.A Holmes Y Holt Y Martin Y Maxwell Y May E Sailor Y Scheid Y Scott, A 138 JOURNAL OF THE HOUSE 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 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 Day Y Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Horne Y Houston Y Howard, E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly 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 McCall E McClinton Meadows Millar 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 Porter Y Powell Y Ralston Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Rogers Y Royal Rynders Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner Y Stephens Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 154, nays 0. The Resolution was adopted. Representatives Hudson of the 124th and Smith of the 113th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The following Resolutions of the House were read and adopted: HR 1115. By Representative Jones of the 44th: Declaring District 44 Days at the Capitol on January 24 and January 31, 2006; and for other purposes. MONDAY, JANUARY 23, 2006 139 HR 1116. By Representatives Gardner of the 57th, Burkhalter of the 50th, Buckner of the 130th, Thomas of the 100th and Drenner of the 86th: A RESOLUTION commending Georgia's sustainable and environmentally friendly businesses; and for other purposes. HR 1117. By Representatives Richardson of the 19th, Ralston of the 7th, Fleming of the 117th, Knox of the 24th, Willard of the 49th and others: A RESOLUTION congratulating the Court of Appeals of Georgia on the occasion of its 100th anniversary; and for other purposes. HR 1118. By Representatives Lane of the 167th, Keen of the 179th and Wilkinson of the 52nd: Commending Joseph Allen Gossett; and for other purposes. HR 1119. By Representatives Smith of the 113th, Heard of the 114th and Kidd of the 115th: Congratulating the Henry W. Grady School of Journalism and Mass Communications, University of Georgia, on the celebration of its 90th anniversary; and for other purposes. HR 1120. By Representatives Smith of the 113th, Heard of the 114th, Kidd of the 115th and Burkhalter of the 50th: Commending Mr. Ed Hoard on being inducted into the PGA Golf Professional Hall of Fame; and for other purposes. HR 1121. By Representatives Lane of the 158th, Hill of the 180th, Burns of the 157th, Amerson of the 9th, Parrish of the 156th and others: Recognizing the year of 2006 as the 75th Anniversary Celebration of Georgia's State Parks and Historic Sites; and for other purposes. The following communications were received: Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334 140 JOURNAL OF THE HOUSE January 19, 2006 TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE 11TH CONGRESSIONAL DISTRICT RE: CAUCUS TO ELECT THE 11TH CONGRESSIONAL DISTRICT STATE TRANSPORTATION BOARD MEMBER Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the 11th Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Thursday, January 26, 2006, at 2:00 P.M. Members of the Senate from those senatorial districts embraced or partly embraced within the 11th Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the 11th Congressional District are eligible to participate in said caucus. Sincerely, /s/ Sewell R. Brumby Legislative Counsel SRB:tlc Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334 January 19, 2006 TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE 4TH CONGRESSIONAL DISTRICT RE: CAUCUS TO ELECT THE 4TH CONGRESSIONAL DISTRICT STATE TRSNSPORTATION BOARD MEMBER MONDAY, JANUARY 23, 2006 141 Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the 4th Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Thursday, January 26, 2006, at 3:00 P.M. Members of the Senate from those senatorial districts embraced or partly embraced within the 4th Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the 4th Congressional District are eligible to participate in said caucus. Sincerely, /s/ Sewell R. Brumby Legislative Counsel SRB:tlc Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. 142 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Tuesday, January 24, 2006 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 Black Bridges Brooks Brown Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Byrd Carter Casas Chambers Cheokas Cole Coleman, B Cooper Cox Crawford Cummings Davis Dickson Dodson Drenner Dukes Ehrhart England Everson Fleming E Floyd, J Fludd Forster Franklin Freeman Geisinger Graves, D Graves, T Greene Hanner Harbin Hatfield Heard, J Heard, K Hembree E Henson Holt Horne Howard, E Hugley James Jamieson Jenkins Johnson Jones, J Jones, S Jordan Keen Keown Kidd Lakly Lane, R Lewis Lindsey Lord Lunsford Maddox Manning Maxwell May E McClinton Meadows Millar Mills E Mitchell Morris Mosley Murphy, J Murphy, Q Neal O'Neal Parham Parsons Porter Ralston Randall Reece, B E Reece, S Reese Rice E Roberts Rogers Royal Rynders E Sailor Scheid Scott, A Scott, M Setzler Sheldon Sims, F Smith, L Smith, P Smith, R Smith, T Smith, V Smyre E Stanley-Turner Stephens Talton Teilhet Thomas, A.M Thomas, B Tumlin Walker Warren Wilkinson Williams, E 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, Bordeaux of the 162nd, Borders of the 175th, Bruce of the 64th, Butler of the 18th, 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, Gardner of the 57th, Golick of the 34th, Heckstall of the 62nd, Hill of the 21st, Hill of the 180th, Holmes of the 61st, Houston of the 170th, Hudson of the 124th, Jackson of the 161st, Jennings of the 82nd, Knight of the 126th, Knox of the 24th, Lane of the 158th, Loudermilk of the 14th, Lucas of the 139th, Mangham of the 94th, Marin of the 96th, Martin of the 47th, McCall of the 30th, Morgan of the 39th, Mosby of the 90th, Mumford of the 95th, Orrock of the 58th, Parrish of the 156th, Powell of the 29th, Ray of the 136th, Shaw of the 176th, Sims of the 169th, TUESDAY, JANUARY 24, 2006 143 Sinkfield of the 60th, Smith of the 113th, 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 Ben Martin, Springfield United Methodist Church, Springfield, 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 968. By Representatives Heard of the 104th, Ehrhart of the 36th, Ralston of the 7th and Fleming of the 117th: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related criminal offenses, so as to change provisions relating to the crimes of interference with custody and interstate interference 144 JOURNAL OF THE HOUSE with custody; to redefine the elements of such offenses and add circumstances constituting such offenses, including but not limited to interference with custody where there has been no custody order and interference with visitation rights; to require certain reimbursement by certain offenders; to provide that a law enforcement agency which does not report to the state a missing person report made to it may be subject to a civil penalty; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1074. By Representatives Jamieson of the 28th, Ray of the 136th, Buckner of the 130th, Reece of the 11th and Kidd of the 115th: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to allow the state-wide homestead exemption for unremarried surviving spouses of United States service members killed in action to be received on a subsequent homestead; to provide for applicability; to provide for a referendum; to provide for automatic repeal under certain circumstances; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1075. By Representative Parham of the 141st: A BILL to be entitled an Act to amend Code Section 43-47-8 of the Official Code of Georgia Annotated, relating to license applications filed with the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, so as to increase the amount of the bond for used motor vehicle dealers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1076. By Representatives Jamieson of the 28th, Ray of the 136th, Buckner of the 130th, Reece of the 11th and Kidd of the 115th: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to allow the state-wide homestead exemption for disabled veterans to be received by unremarried surviving spouses on a subsequent TUESDAY, JANUARY 24, 2006 145 homestead; to provide for applicability; to provide for a referendum; to provide for automatic repeal under certain circumstances; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1077. By Representative Jenkins of the 8th: A BILL to be entitled an Act to provide that future elections for the office of probate judge of Rabun County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1078. By Representative Greene of the 149th: A BILL to be entitled an Act to create the Randolph County Water and Sewer Authority and provide for its activation; to provide for a short title; to provide for definitions; to provide for the purposes, powers, duties, and functions of the authority and authorize certain contracts and agreements; to provide for the membership and appointment of members of the authority and their terms of office, qualifications, duties, powers, methods of filling vacancies, compensation, and expenses; to provide for organization, meetings, and quorum of the authority; to provide for an attorney of the authority; to provide for an audit and budgets; to authorize the authority to contract with others regarding its functions, to contract with others pertaining to the use of the utilities and facilities of the authority, and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1079. By Representative Greene of the 149th: A BILL to be entitled an Act to provide a board of elections for Randolph County; to define its powers and duties concerning primaries and elections; to define certain terms; to provide a method for appointment, resignation, and removal of its members; to provide for the qualifications and terms of its members; to provide for a chairperson, clerical assistants, and other employees; to provide for compensation of such persons and the members of the board; to provide for facilities; to relieve the judge of the probate court 146 JOURNAL OF THE HOUSE from certain responsibilities; to provide for submission 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 1080. By Representatives Golick of the 34th, Roberts of the 154th, Geisinger of the 48th, Freeman of the 140th, Chambers of the 81st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to qualified child and dependent care expenses; 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 1081. By Representatives Lucas of the 139th, Randall of the 138th, Graves of the 137th, Ray of the 136th, Freeman of the 140th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to provide that a member of the county board of tax assessors shall not be authorized to serve simultaneously as a member of the county appraisal staff or chief appraiser; to change the qualifications of appraisers; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1082. By Representatives Tumlin of the 38th, Keown of the 173rd and Freeman of the 140th: A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment for personnel in local school systems, so as to change certain provisions relating to a duty-free lunch period for teachers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. TUESDAY, JANUARY 24, 2006 147 HB 1083. By Representatives Harbin of the 118th, Burmeister of the 119th and Fleming of the 117th: A BILL to be entitled an Act 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 the definition of projects of the authority; to change certain purposes of the authority and to provide for additional purposes; to provide for an exemption from certain sales and use taxation; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1084. By Representative Tumlin of the 38th: A BILL to be entitled an Act to amend Article 2 of Chapter 74 of Title 36 of the Official Code of Georgia Annotated, relating to local government code enforcement boards created on or after January 1, 2003, so as to eliminate the prohibition on local governments from requiring the registration of residential rental property; to provide that probable cause shall be determined by a court of competent jurisdiction; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1085. By Representative Lane of the 158th, Day of the 163rd, Hill of the 180th, Williams of the 165th and Lane of the 167th: A BILL to be entitled an Act to amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, so as to change certain provisions relating to tripletail fish; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HB 1086. By Representatives Burkhalter of the 50th, Stephens of the 164th, Ashe of the 56th, Graves of the 12th and Benfield of the 85th: A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 50 of the O.C.G.A., relating to the Georgia Council for the Arts, so as to provide for legislative intent; to create the Georgia Arts Trust; to provide for the membership, appointment, terms, filling of vacancies, duties, and responsibilities of the board of trustees of the Georgia Arts Trust; to provide 148 JOURNAL OF THE HOUSE for the creation, appointment, terms, filling of vacancies, duties, and responsibilities of the Georgia Arts Trust Advisory Committee; to provide for certain reports and audits; to amend Article 2 of Chapter 7 of Title 48 of the O.C.G.A., relating to imposition, rate, and computation of income taxes, so as to provide a tax credit for certain donations to the Georgia Arts Trust and certain qualifying arts organizations; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1087. By Representatives Mosley of the 178th, Lane of the 167th and Smith of the 168th: A BILL to be entitled an Act to increase the number of directors on the board of the Wayne County Industrial Development Authority established by Ga. L. 1964, p. 1002 (Res. Act No. 167; S.R. 147) and carried forward as part of the Constitution of the State of Georgia by Ga. L. 1987, p. 3805 (Act No. 141; HB 940), from seven to nine, pursuant to the power granted to the General Assembly by paragraph N. in Ga. L. 1964, p. 1002 (Res. Act No. 167; S.R. 147); to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1088. By Representatives Heard of the 104th and Dollar of the 45th: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates promoting the Thanks Mom and Dad Fund and related activities; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such license plates; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1089. By Representatives Jackson of the 161st, Heard of the 114th and Mangham of the 94th: 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 TUESDAY, JANUARY 24, 2006 149 special license plate honoring Kappa Alpha Psi Fraternity, Inc.; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1090. By Representatives Harbin of the 118th, Fleming of the 117th, Burmeister of the 119th and Rogers of the 26th: A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the O.C.G.A., relating to contracts for public works, and Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, so as to provide that a contractor that is more than 30 days behind in the performance of a state public works construction contract or a construction or maintenance contract with the Department of Transportation due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contract is brought current or is completed; 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 1091. By Representatives Walker of the 107th, Sheldon of the 105th, Lewis of the 15th and May of the 111th: 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 relative to eminent domain, so as to provide that the state, any political subdivision of the state, and any public authority shall not give, loan, swap, rent, lease, or transfer an interest in real property acquired through exercise of the right of eminent domain to a private entity before granting the condemnee a right of first refusal; to provide for a penalty; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1092. By Representatives Manning of the 32nd, Stephens of the 164th, Cooper of the 41st, Brown of the 69th, Buckner of the 130th and others: 150 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to provide for legislative findings; to provide for the creation of the Suicide Prevention Program; to provide for the duties and powers related to the program; to provide for staff for the program; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1093. By Representatives Everson of the 106th, Floyd of the 99th, Heard of the 104th, Cox of the 102nd, Coan of the 101st and others: A BILL to be entitled an Act to amend Title 17 of the O.C.G.A., relating to criminal procedure, so as to provide that arresting officers in certain cases may issue a nontraffic misdemeanor citation and release the person arrested on his or her recognizance; to provide for the development, form, contents, and use of a nontraffic misdemeanor citation form; to authorize the use of such citation for the purposes of prosecuting such offense as the summons and accusation; to provide that a person cited shall submit to post-arrest processing as required by law; to amend Code Section 16-10-51 of the O.C.G.A., relating to bail jumping, so as to include individuals who were released on their own recognizance pursuant to the issuance of a nontraffic misdemeanor citation; to provide for other related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HR 1109. By Representative Jamieson of the 28th: A RESOLUTION honoring the life and lifetime achievements of the late Governor Samuel Ernest Vandiver, Jr., and dedicating the Samuel Ernest Vandiver, Jr., Interchange; and for other purposes. Referred to the Committee on Transportation. HR 1110. By Representative Smith of the 129th: A RESOLUTION dedicating the Champion Crossroads; and for other purposes. Referred to the Committee on Transportation. TUESDAY, JANUARY 24, 2006 151 HR 1111. By Representatives Jamieson of the 28th, Ray of the 136th, Buckner of the 130th, Reece of the 11th and Kidd of the 115th: A RESOLUTION proposing an amendment to the Constitution so as to provide for the imposition of a sales and use tax for educational maintenance and operation purposes of public schools with an equivalent millage rate reduction; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. HR 1112. By Representatives Jamieson of the 28th, Ray of the 136th, Buckner of the 130th, Reece of the 11th and Kidd of the 115th: A RESOLUTION proposing an amendment to the Constitution so as to limit the power to take private property for public purposes to only the state, counties, municipalities, consolidated governments, and public utilities and only for designated public purposes which do not include transferring condemned land to private entities for purposes of economic development and increasing the tax revenues of a government; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Judiciary. HR 1113. By Representative Ashe of the 56th: A RESOLUTION creating the Joint Study Committee on the Feasibility of a Children and Youth Cabinet; and for other purposes. Referred to the Committee on Children & Youth. 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 1107. By Representatives Roberts of the 154th, Golick of the 34th, Smith of the 129th, Maddox of the 172nd, Smith of the 70th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to qualified donations of real property for conservation purposes; to 152 JOURNAL OF THE HOUSE provide for definitions; to provide for conditions, limitations, and exclusions; to provide for authority of the state revenue commissioner and the Department of Natural Resources 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 1108. By Representatives Lucas of the 139th, Porter of the 143rd, Smyre of the 132nd, Hugley of the 133rd, Watson of the 91st and others: A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, known as the "Natural Gas Competition and Deregulation Act," so as to require the Public Service Commission to declare an emergency and regulate the delivery of natural gas to retail customers in this state; to provide for the applicability of certain laws with respect to the Public Service Commission's regulation of the delivery of natural gas to retail customers in this state; to authorize the Public Service Commission to promulgate and adopt rules and regulations; to authorize the merger of an electing distribution company and its affiliate marketer; to provide that nothing in this Act shall be construed to impair the obligation of any contract; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 1053 HB 1054 HB 1055 HB 1056 HB 1057 HB 1058 HB 1059 HB 1061 HB 1062 HB 1063 HB 1064 HB 1065 HB 1066 HB 1067 HB 1068 HB 1069 HB 1070 HB 1071 HB 1072 HB 1073 HR 1094 HR 1108 Representative McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report: TUESDAY, JANUARY 24, 2006 153 Mr. Speaker: Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 999 Do Pass Respectfully submitted, /s/ McCall of the 30th Chairman Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: Mr. Speaker: Your Committee on Judiciary Non-Civil has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 591 HB 594 HB 718 Do Pass Do Pass, by Substitute Do Pass, by Substitute HB 719 Do Pass HB 954 Do Pass, by Substitute Respectfully submitted, /s/ Ralston of the 7th Chairman The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation: HR 1106 Do Pass Representative Hill of the 21st District, Chairman of the Committee on Special Rules, submitted the following report: Mr. Speaker: Your Committee on Special Rules has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: 154 JOURNAL OF THE HOUSE HB 941 Do Pass HB 950 Do Pass, by Substitute Respectfully submitted, /s/ Hill of the 21st Chairman Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 901 Do Pass, by Substitute HB 902 Do Pass, by Substitute HB 1003 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, JANUARY 24, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 7th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 804 HB 973 Barratry; Code section; repeal Speed detection device; law enforcement officers; change provisions Modified Open Rule None TUESDAY, JANUARY 24, 2006 155 Modified Structured Rule None Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 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. The following Committee substitute was read and adopted: A BILL 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) In every case in which the State Court of Bryan County and the Magistrate Court of Bryan County shall impose a fine, which shall be construed to include costs, for any criminal offense or any criminal ordinance violation, there shall be imposed as an additional penalty a sum equal to 10 percent of the original fine. (b) Such sums shall be in addition to any amount required by Code Section 47-17-60 of the O.C.G.A. to be paid into the Peace Officers Annuity and Benefit Fund and in addition to any other amounts provided for by general law. 156 JOURNAL OF THE HOUSE SECTION 2. (a) The sums provided for in Section 1 of this Act 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 juvenile court of Bryan County for the purpose of establishing and maintaining a local juvenile diversion program carried out by the juvenile court or by a program approved by the juvenile court. The purpose of a local juvenile diversion program is to reduce the number of juveniles proceeding through juvenile court and reduce recidivism by creating alternatives to the court system which may include intensive case management, referrals for other services, tracking and improving school attendance, increasing services and support for juveniles and their families through partnerships with private and public agencies, or providing mentoring or other activities for juveniles. The funds shall be paid over in the same manner as other county funds paid for operations of the juvenile court and shall be in addition to rather than in lieu of any other such funds. These funds shall be paid to the respective juvenile courts by the last day of the month following 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) This article shall not preclude the appropriation or expenditure of other funds by the governing authority of the county for the purpose of juvenile diversion programs. SECTION 3. This Act shall become effective on July 1, 2006, and shall apply to criminal offenses alleged to have occurred on or after July 1, 2006. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. 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. The following Committee substitute was read and adopted: TUESDAY, JANUARY 24, 2006 157 A BILL 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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, is amended by designating the current provisions of Section 9 as subsection (a) thereof and adding a new subsection (b) to read as follows: "(b) The clerk of the State Court of Bryan County shall be entitled to charge and collect a juvenile diversion program surcharge equal to 10 percent of each criminal fine imposed in each citation or accusation for which a defendant is found guilty or enters a plea of guilty, nolo contendere, or other plea resulting in the imposition of a fine in the State Court of Bryan County. The moneys collected as a result of the juvenile diversion program surcharge shall be used exclusively to provide for creating, implementing, and staffing a juvenile diversion program for Bryan County. The funds collected pursuant to this authorization shall be maintained in a segregated fund by the clerk of court and shall be used only for the purposes authorized in this subsection at the direction of the judge of the court." SECTION 2. This Act shall become effective on July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. HB 1003. By Representatives Talton of the 145th, O`Neal of the 146th, Floyd of the 147th and Ray of the 136th: A BILL to be entitled an Act to amend an Act entitled "An Act to make provisions for the Magistrate Court of Houston County," approved March 1, 1984 (Ga. L. 1984, p. 3652), as amended, so as to provide for the election of the chief magistrate and magistrates; to provide for procedures; to provide for the filling of vacancies; to provide for the submission of this Act to the 158 JOURNAL OF THE HOUSE United States Department of Justice; to 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 Ashe Y Barnard Barnes Y Bearden Beasley-Teague Benfield 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 Burns Y Butler Y Byrd Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman, B Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Dean Dickson Y Dodson Dollar Drenner Y Dukes Y Ehrhart Y England Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Knox Y Lakly Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May McCall E McClinton Y Meadows Y Millar E Mills E 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 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 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 Y Smith, R Y Smith, T Y Smith, V Y Smyre E 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 Y Williams, E Y Williams, R Wix Yates Richardson, Speaker On the passage of the Bills, the ayes were 137, nays 0. TUESDAY, JANUARY 24, 2006 159 The Bills, having received the requisite constitutional majority, were passed. Representatives Beasley-Teague of the 65th, Carter of the 159th, Knox of the 24th and Lane of the 158th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 399. By Senators Shafer of the 48th, Zamarripa of the 36th, Moody of the 56th, Reed of the 35th and Hill of the 32nd: A BILL to be entitled an Act to amend Code Section 36-31-12 of the Official Code of Georgia Annotated, relating to special services districts divided into noncontiguous areas, so as to provide that a noncontiguous area within three miles of another noncontiguous area may be treated as the same noncontiguous area; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 970. By Representatives Roberts of the 154th, Burkhalter of the 50th, O`Neal of the 146th, Golick of the 34th and Smith of the 129th: A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for a partial exemption for a limited period of time with respect to state sales and use taxes applicable to the liquid propane gas commodity sold and delivered primarily for residential heating purposes and to charges for the natural gas commodity billed for residential use; to provide for legislative findings and intent; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the administrator of Part 2 of Article 15 of Chapter 10 of Title 10 of the O.C.G.A., the "Fair Business Practices Act," as amended; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to ratify an executive order of the Governor suspending the collection of such taxes; 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: 160 JOURNAL OF THE HOUSE HR 1107. By Representative Keen of the 179th: A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes. By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee: SB 399. By Senators Shafer of the 48th, Zamarripa of the 36th, Moody of the 56th, Reed of the 35th and Hill of the 32nd: A BILL to be entitled an Act to amend Code Section 36-31-12 of the Official Code of Georgia Annotated, relating to special services districts divided into noncontiguous areas, so as to provide that a noncontiguous area within three miles of another noncontiguous area may be treated as the same noncontiguous area; 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. The following members were recognized during the period of Morning Orders and addressed the House: Jones of the 44th and Neal of the 1st. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1106. By Representative Ray of the 136th: A RESOLUTION commending the Georgia Peach Festival and inviting the 2005 Georgia Peach Queens to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1122. By Representatives Lucas of the 139th, Coleman of the 144th, Randall of the 138th, Channell of the 116th and Cole of the 125th, and others: TUESDAY, JANUARY 24, 2006 161 Commending Dr. R. Kirby Godsey, President and CEO of Mercer University, and inviting him to appear before the House of Representatives; and for other purposes. HR 1123. By Representatives Reece of the 11th, Coleman of the 97th, Smith of the 13th, Cummings of the 16th and Loudermilk of the 14th: A RESOLUTION commending Coosa High School for winning the Governor's Office of School Achievement 2005 Gold Award and inviting students, teachers, and administrators of the school 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 Bills of the House were taken up for consideration and read the third time: HB 973. By Representatives Willard of the 49th, Lindsey of the 54th, Jones of the 46th, Buckner of the 130th and Day of the 163rd: 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 additional circumstances; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Benton Y Black Bordeaux Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Mosby 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 162 JOURNAL OF THE HOUSE Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Burns Y Butler Y Byrd Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Knox N Lakly Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner Y Stephens 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 Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 160, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative Benton of the 31st, Knox of the 24th and Lane of the 158th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 804. By Representatives Ralston of the 7th and Willard of the 49th: A BILL to be entitled an Act to amend Code Section 16-10-95 of the Official Code of Georgia Annotated, relating to barratry, so as to repeal said Code section; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to repeal the offense of barratry; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: TUESDAY, JANUARY 24, 2006 163 SECTION 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking Code Section 16-10-95, relating to barratry, and inserting in lieu thereof the following: "16-10-95. (a) A person commits the offense of barratry when he knowingly and willfully commits any of the following acts: (1) Excites and stirs up groundless actions in the courts or quarrels in administrative proceedings; (2) Institutes or causes to be instituted a legal proceeding without obtaining proper authorization; or (3) Solicits or encourages the institution of a judicial or administrative proceeding or offers assistance therein before being consulted by a complainant in relation thereto. (b) A person convicted of the offense of barratry shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both. Reserved." SECTION 2. Said title is further amended by striking division (9)(A)(xv) of Code Section 16-14-3, relating to definitions relative to the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," and inserting in lieu thereof the following: "(xv) Article 4 of Chapter 10 of this title and Code Sections 16-10-20, 16-10-23, and 16-10-91, and 16-10-95, relating to perjury and other falsifications;" 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 Benton Y Black Bordeaux 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills E Mitchell Morgan Y Morris Mosby 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 164 JOURNAL OF THE HOUSE Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Burns Y Butler Y Byrd Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C 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 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 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 Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner Y Stephens 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 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 Benton of the 31st, Knox of the 24th, Lane of the 158th and Powell of the 29th 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 Bills of the House, having been postponed from the previous legislative day, were taken up for consideration and read the third time: HB 749. By Representative Cummings of the 16th: A BILL to be entitled an Act to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, so as to provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable service on a monthly basis; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: TUESDAY, JANUARY 24, 2006 165 A BILL To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide for the merger of the Georgia Firefighters Pension Fund and the Georgia Class Nine Fire Department Pension Fund; to define a certain term; to provide for a transfer of membership and assets; to repeal Chapter 7A, relating to the Georgia Class Nine Fire Department Pension Fund; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety paragraph (3) of Code Section 47-7-1, relating to definitions, and inserting in lieu thereof the following: "(3) 'Firefighter' means a person who is a: (A) A full-time employee of a fire department who in the course of full-time employment by and within a department either: (A) (i) Is a candidate for or holds a current firefighter's certificate issued under Article 1 of Chapter 4 of Title 25 and has as incident to his or her position of employment the principal duty of, and actually performs the function of, preventing and suppressing fires; or (B) (ii) Has as incident to the position of employment the principal responsibility to perform, and actually performs, support functions for fire prevention and fire suppression activities of the fire department of a type which the board by regulation finds have been traditionally and customarily performed by employees of fire departments in the State of Georgia, including, without limitation, the activities of administrative personnel within the department, mechanics whose primary duties are the maintenance and repair of fire-fighting equipment and apparatus, operating engineers whose primary duties are the operation of fire-fighting equipment and apparatus, communications and clerical personnel, and fire prevention and fire inspection personnel; provided, however, that such term shall not include persons whose primary responsibility is the performance of emergency medical services; or (B) Appointed and regularly enrolled as a volunteer with a class nine fire department; who, as a volunteer firefighter, has and primarily performs the principal responsibility of preventing or suppressing fires; and who satisfies the requirements specified in subparagraph (a)(1)(D) of Code Section 25-3-23." SECTION 2. Said title is further amended by inserting at the end of Code Section 47-7-40, relating to eligibility to apply for membership in the Georgia Firefighters Pension Fund, the following: 166 JOURNAL OF THE HOUSE "(c) On and after July 1, 2006, the membership, assets, and administration of the Georgia Class Nine Fire Department Pension Fund created by Chapter 7A of this title shall be transferred to this pension fund, and the Georgia Class Nine Fire Department Pension Fund shall cease to exist as a separate entity. All members so transferred shall receive creditable service for all service credited under such retirement system and shall be entitled to all rights and benefits accorded to members of this retirement system." SECTION 3. Said title is further amended by repealing in its entirety subsection (f) of Code Section 47-7-61, relating to the tax on premiums charged by fire insurance companies for certain classes of coverage, exclusions, and penalty for failure to report and pay such tax, which reads as follows: "(f) Commencing with the fiscal year ending on June 30, 2001, at the end of each fiscal year, the board shall transfer to the Georgia Class Nine Fire Department Pension Fund created by Chapter 7A of this title an amount equal to the tax revenues collected by the board pursuant to this Code section with respect to gross premiums on policies covering property served by public fire suppression facilities which are rated as class nine under the Fire Suppression Rating Schedule or a rating which the board determines is its substantial equivalent." SECTION 4. Said title is further amended by striking in its entirety Code Section 47-7-86, relating to creditable service for other pension fund participation for members of the Georgia Class Nine Fire Department Pension Fund, and inserting in lieu thereof the following: "47-7-86. (a) Any former member of the Georgia Class Nine Fire Department Pension Fund created by Chapter 7A of this title who becomes a member of this pension fund shall be entitled to receive creditable service for the time he or she was a member of such other pension fund as provided by this Code section. Upon request, the Board of Trustees of the Georgia Class Nine Fire Department Pension Fund shall transfer to the board of trustees of this pension fund the full amount of dues paid by such member while he or she was a member of such other pension fund. (b) Any member receiving creditable service under this Code section shall receive creditable service in this pension fund equal to the number of years of his or her membership in the Georgia Class Nine Fire Department Pension Fund. (c) Upon retirement, a member who receives creditable service under this Code section and who is otherwise eligible to receive a retirement benefit under this pension fund shall have a vested right in and to a monthly benefit payable for the member's lifetime equal the sum of: (1) A pro rata amount of the maximum monthly retirement benefit in effect on the date of such termination of service, which amount shall be determined by the ratio of years of membership in this pension fund to 25 years; and TUESDAY, JANUARY 24, 2006 167 (2) A pro rata amount of the maximum monthly retirement benefit provided in Chapter 7A of this title in effect on the date of such termination of service, which amount shall be determined by the ratio of years of membership in such pension fund to 25 years. Reserved." SECTION 5. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Burns Y Butler Y Byrd 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 Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris 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 E Sailor Scheid Y Scott, A E Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson 168 JOURNAL OF THE HOUSE Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 160, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Knox of the 24th and Lane of the 158th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The Speaker assumed the Chair. HB 357. By Representative Cummings of the 16th: A BILL to be entitled an Act to amend Chapter 7A of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Class Nine Fire Department Pension Fund, so as to increase the maximum monthly retirement benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. 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 Crawford Y Cummings Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Epps Y Everson Y Fleming Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J E Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, P Y Smith, R Y Smith, T TUESDAY, JANUARY 24, 2006 169 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 Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C 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 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 Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, V Smyre E Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Jones of the 46th, Knox of the 24th and Wix of the 33rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 660. By Representatives Cummings of the 16th, Bridges of the 10th and Yates of the 73rd: A BILL to be entitled an Act to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, so as to provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable service on a monthly basis; to amend Chapter 7A of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Class Nine Fire Department Pension Fund, so as to provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable service on a monthly basis; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: 170 JOURNAL OF THE HOUSE A BILL To amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, so as to provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable service on a monthly basis; to amend Chapter 7A of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Class Nine Fire Department Pension Fund, so as to provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable service on a monthly basis; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, is amended by inserting at the end of Article 5, relating to service creditable toward retirement, two new Code sections to read as follows: "47-7-88. (a) The provisions of this Code section apply solely to any member of the fund who left active employment as a firefighter as a result of being called to active duty as a member of the Army or Air Force National Guard or the Army, Air Force, Navy, or Marine Corps Reserve and who returned to employment as a firefighter upon being released from such active duty. (b) Any member of the fund shall be entitled to receive creditable service for a period of break in service due to being called to active military duty. To receive such creditable service, a member must make application to the board and pay the normal monthly dues for each month of such period of break in service not later than one year following the member's release from active duty and return to employment. 47-7-89. The board is authorized to calculate creditable service on a monthly basis, expressed as a fraction of a year, for periods of time less than a year." SECTION 2. Chapter 7A of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Class Nine Fire Department Pension Fund, is amended by inserting at the end of Article 5, relating to transferability, the following: "47-7A-83. (a) The provisions of this Code section apply solely to any member of the fund who left active employment as a firefighter as a result of being called to active duty as a member of the Army or Air Force National Guard or the Army, Air Force, Navy, or Marine Corps Reserve and who returned to employment as a firefighter upon being released from such active duty. TUESDAY, JANUARY 24, 2006 171 (b) Any member of the fund shall be entitled to receive creditable service for a period of break in service due to being called to active military duty. To receive such creditable service, a member must make application to the board and pay the normal monthly dues for each month of such period of break in service not later than one year following the member's release from active duty and return to employment. 47-7A-84. The board is authorized to calculate creditable service on a monthly basis, expressed as a fraction of a year, for periods of time less than a year." SECTION 3. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The 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 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 Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Knight Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills E 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 Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre E Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet 172 JOURNAL OF THE HOUSE Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C 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 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 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 164, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Due to a mechanical malfunction, the vote of Representative Channell of the 116th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. By unanimous consent, the House reconsidered its action in giving the requisite constitutional majority to HB 660. The Committee substitute, having previously been read and adopted, was again taken up for consideration. 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 Y Benfield Y Benton Y Black Y Bordeaux 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Martin Y Maxwell Y May McCall E McClinton Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby E Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L TUESDAY, JANUARY 24, 2006 173 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 Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C 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 Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre E Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Loudermilk of the 14th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 344. By Representative Cummings of the 16th: A BILL to be entitled an Act to amend Code Section 47-7-101 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the Georgia Firefighters Pension Fund, withdrawal of application for benefits before approval, and reemployment, so as to provide that the benefits of a firefighter who returns to service after retirement may exceed his or her previous benefit after he or she has acquired one year's service after such reemployment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 174 JOURNAL OF THE HOUSE On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton 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 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 Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills E 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 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 Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre E Stanley-Turner 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, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed. The following Resolutions of the House were read and adopted: HR 1125. By Representatives Drenner of the 86th and Henson of the 87th: A RESOLUTION remembering and honoring the life of Mr. William Doyle Harrell II; and for other purposes. TUESDAY, JANUARY 24, 2006 175 HR 1126. By Representatives Henson of the 87th and Benfield of the 85th: A RESOLUTION commending Theatre Decatur; and for other purposes. HR 1127. By Representatives Setzler of the 35th, Ehrhart of the 36th and Manning of the 32nd: A RESOLUTION commending the Kennesaw Youth Council and the Acworth Youth Council; and for other purposes. Representative Mills of the 25th District, Chairman of the Committee on Banks and Banking, submitted the following report: Mr. Speaker: Your Committee on Banks and Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 864 Do Pass, by Substitute Respectfully submitted, /s/ Mills of the 25th Chairman Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 494 HB 716 HB 989 Do Pass Do Pass, by Substitute Do Pass Respectfully submitted, /s/ Willard of the 49th Chairman 176 JOURNAL OF THE HOUSE The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning. WEDNESDAY, JANUARY 25, 2006 177 Representative Hall, Atlanta, Georgia Wednesday, January 25, 2006 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 Bearden E Beasley-Teague Benton Bridges Brooks Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Byrd Carter Casas Chambers Cheokas Cole Coleman, B Cooper Cox Cummings Davis Dickson Dodson Drenner Dukes Ehrhart England Everson Fleming Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger Golick Graves, D Graves, T Greene Hanner Hatfield Heard, J Heard, K Heckstall Hembree E Henson Hill, C.A Holt Horne Howard, E E Hudson Hugley Jacobs James Jamieson Jenkins Jennings Johnson Jones, S Jordan Keen Keown Kidd Knight Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lunsford Manning Maxwell May E McClinton Meadows Millar Mills E Mitchell Morris Mosby Mosley Mumford Murphy, J Murphy, Q O'Neal Parham Porter Powell Ralston Randall Reece, B Reece, S Reese Rice Roberts Rogers Royal E Sailor Scheid Scott, M Setzler Shaw Sheldon Sims, F Smith, L Smith, P Smith, R Smith, T Smith, V E Stanley-Turner Stephens Talton Teilhet Thomas, A.M Thomas, B Tumlin Warren Watson 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 Abdul-Salaam of the 74th, Anderson of the 123rd, Barnes of the 78th, Black of the 174th, Bordeaux of the 162nd, Borders of the 175th, Brown of the 69th, Butler of the 18th, Channell of the 116th, Coan of the 101st, Coleman of the 144th, Crawford of the 127th, Dean of the 59th, Dollar of the 45th, Epps of the 128th, Floyd of the 99th, Harbin of the 118th, Hill of the 21st, Holmes of the 61st, Houston of the 170th, Jackson of the 161st, Knox of the 24th, Lucas of the 139th, Maddox of the 172nd, Marin of the 96th, Martin of the 47th, McCall of the 30th, Morgan of the 39th, Neal of the 1st, Parrish of the 156th, Parsons of the 42nd, Ray of the 136th, Rynders of the 152nd, Sims of the 169th, Sinkfield of the 60th, Smith of the 113th, Stephenson of the 92nd, Walker of the 107th, Willard of the 49th, Wix of the 33rd, and Yates of the 73rd. 178 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by the Reverend Boyd Evans, Kellytown Community Church, McDonough, 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 1094. By Representatives Bearden of the 68th, Ralston of the 7th and Mumford of the 95th: A BILL to be entitled an Act to amend Code Section 40-6-253 of the Official Code of Georgia Annotated, relating to consumption of alcoholic beverage or possession of open container of alcoholic beverage in passenger area of motor vehicle, so as to provide that a person convicted of such offense shall be guilty of a misdemeanor; to impose a cap of $500.00 on the amount of a fine that may be imposed in the event of such conviction; to provide for WEDNESDAY, JANUARY 25, 2006 179 related matters; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1095. By Representative Willard of the 49th: A BILL to be entitled an Act to amend the Official Code of Georgia Annotated, so as to change references to certain committees of the Georgia Senate and House of Representatives in the Official Code of Georgia Annotated to conform such references to committee names as adopted by resolution by the Georgia Senate and the Georgia House of Representatives, respectively; to provide for editorial revision; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1096. By Representatives Crawford of the 127th and Willard of the 49th: 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 Pike County in the Griffin Circuit; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1097. By Representatives McCall of the 30th, Smith of the 129th, Scheid of the 22nd and Channell of the 116th, and Floyd of the 147th: A BILL to be entitled an Act to amend Code Section 32-6-75 of the Official Code of Georgia Annotated, relating to restrictions on outdoor advertising signs authorized by Code Section 32-6-72 on the interstate system, primary highways, and other highways, so as to provide that no such signs may advertise the availability of certain entertainment which appeals to the prurient interest; to prohibit erecting certain signs having two faces on one visible side after a certain date; to permit certain types of nonmechanical multiple message signs subject to certain limitations; to impose certain height limitations on erecting such outdoor advertising signs subject to certain conditions after a certain date; to provide for procedures relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. 180 JOURNAL OF THE HOUSE HB 1098. By Representatives Ashe of the 56th, Millar of the 79th, Manning of the 32nd, Wilkinson of the 52nd and Lindsey of the 54th: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for the establishment of at least one summer food service program in each local school system for at least 40 days during the summer months within five miles of an elementary school where 50 percent or more children are eligible for free or reduced price school meals; to provide standards and guidelines for participation; to provide for promulgation of rules and regulations; 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 1099. By Representative Martin of the 47th: A BILL to be entitled an Act to authorize the City of Alpharetta 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 related matters; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1100. By Representatives Jacobs of the 80th, Davis of the 109th, Jennings of the 82nd, Chambers of the 81st, Geisinger of the 48th and others: A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to create provisions relating to complaints or information regarding fraud, waste, and abuse in counties or municipal corporations; to provide for definitions; to provide for practice and procedure; to provide for relief in the event a civil action is instituted; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1101. By Representative Holt of the 112th: A BILL to be entitled an Act to amend Article 1 of Chapter 36 of Title 36 of WEDNESDAY, JANUARY 25, 2006 181 the Official Code of Georgia Annotated, relating to general provisions relative to the annexation of territory, so as to provide that a municipal corporation may not annex property located in a county in which less than 10 percent of such municipality lies without the consent of the county governing authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1102. By Representative Greene of the 149th: A BILL to be entitled an Act to repeal an Act providing a new charter for the City of Coleman, approved April 19, 2000 (Ga. L. 2000, p. 3658), and abolish said city; to provide for the disposition of the assets, property, and legal rights and obligations of the city and the winding up of city affairs; to provide for submission under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1103. By Representatives Ehrhart of the 36th, Cole of the 125th, Carter of the 159th, Maddox of the 172nd, Graves of the 12th and others: A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to provide for additional pharmaceutical agents which may be used by a doctor of optometry for treatment purposes; to provide for a standard of care; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1104. By Representatives Benton of the 31st and Smith of the 13th: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that a landlord may initiate dispossessory proceedings immediately after refusal by tenant of demand for possession; to provide that a service by posting the summons to the premises and mailing a copy to the defendant shall be sufficient for entry of a default judgment for possession in the absence of an answer being filed; to require payment of rent and utility payments into court at the time the answer is due; to provide for the payment 182 JOURNAL OF THE HOUSE of certain sums into the registry of the court; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1105. By Representatives Dodson of the 75th, Tumlin of the 38th, Manning of the 32nd and Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for the documentation of full-time engagement in the performance of a contracting business; to provide a fine and penalties for the unauthorized use of a license number of a conditioned air contractor; to provide for the issuance of certificates of authorization; to provide that a contract of an unlicensed contractor is unenforceable; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1106. By Representatives Graves of the 12th, Channell of the 116th, Loudermilk of the 14th, McCall of the 30th, May of the 111th 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 include the hauling of construction aggregates; 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 1109. By Representatives Bridges of the 10th and Smith of the 168th: A BILL to be entitled an Act to amend Code Section 44-12-300 of the Official Code of Georgia Annotated, relating to tribes, bands, groups, or communities recognized by the state as legitimate American Indian Tribes, so as to change the address of one such tribe; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1110. By Representatives Lewis of the 15th, Stephens of the 164th, Hembree of the 67th and Ralston of the 7th: WEDNESDAY, JANUARY 25, 2006 183 A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for a partial exemption with respect to the sale or use of natural or artificial gas, No. 2 fuel oil, No. 6 fuel oil, propane, coal, and the fuel cost recovery component of retail electric rates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1111. By Representatives Tumlin of the 38th, Ehrhart of the 36th, Manning of the 32nd, Setzler of the 35th, Parsons of the 42nd and others: A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of superior court judges for each judicial circuit, so as to create a new tenth superior court judgeship for the Cobb Judicial Circuit; to provide for the initial appointment, election, and term of office of such judge; to provide for the qualifications and for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising the Cobb Judicial Circuit; to provide for jurors; to authorize the judges of said circuit to divide and allocate the work and duties thereto and provide for the duties of the chief judge and presiding judge; to provide for powers, duties, and responsibilities of judges of said circuit; to provide for an additional court reporter and personnel and the compensation of such reporter and personnel; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1112. By Representatives Smith of the 113th, Holt of the 112th, Butler of the 18th and Byrd of the 20th: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to licensing of speech-language pathologists and audiologists; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1113. By Representatives Hanner of the 148th and Rynders of the 152nd: A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees 184 JOURNAL OF THE HOUSE health insurance plan, so as to provide that any employee or other individual covered under the state health insurance plan who has been assessed any late charge or surcharge due to noncompliance with any established deadline shall be given an opportunity to provide proof of attempted compliance; to provide for the cessation and recoupment of such charges and surcharges; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1114. By Representatives Jackson of the 161st, Day of the 163rd and Sailor of the 93rd: A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to require the use of safety belts in pickup trucks; to require the use of safety belts by occupants in the rear seats of a passenger vehicle; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1115. By Representatives Hanner of the 148th and Rynders of the 152nd: A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to provide time requirements for the credentialing of hospitals, physicians, and other health care providers by a new third-party administrator of the state employees health insurance plan; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1116. By Representatives Buckner of the 130th, Thomas of the 100th, Jamieson of the 28th and Hugley of the 133rd: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a county excise tax on the severance of solid minerals; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and Department of Revenue; to provide for criminal penalties; to provide for WEDNESDAY, JANUARY 25, 2006 185 other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1117. By Representative Ray of the 136th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Crawford County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district whose annual income does not exceed $20,000.00 and who are 65 years of age or older or disabled, approved April 1, 1994 (Ga. L. 1994, p. 4515), so as to increase the amount of such exemption and the income cap applicable to such exemption; 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 1118. By Representative Ray of the 136th: A BILL to be entitled an Act to provide that future elections for the office of probate judge of Crawford County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1119. By Representative Ray of the 136th: A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Crawford County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1120. By Representative Scott of the 2nd: 186 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to dealers sales and use tax returns, so as to change certain provisions regarding estimated tax liability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HR 1124. By Representatives Mosley of the 178th, O`Neal of the 146th, Amerson of the 9th, McCall of the 30th, Smith of the 129th and others: A RESOLUTION creating the House Study Committee on Alternative, Renewable, and Environmentally Sensitive Fuels and Sources of Energy; and for other purposes. Referred to the Committee on Natural Resources & Environment. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 968 HB 1074 HB 1075 HB 1076 HB 1077 HB 1078 HB 1079 HB 1080 HB 1081 HB 1082 HB 1083 HB 1084 HB 1085 HB 1086 HB 1087 HB 1088 HB 1089 HB 1090 HB 1091 HB 1092 HB 1093 HB 1107 HB 1108 HR 1109 HR 1110 HR 1111 HR 1112 HR 1113 SB 399 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 Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: WEDNESDAY, JANUARY 25, 2006 187 HB 912 Do Pass, by Substitute SB 238 Do Pass, by Substitute Respectfully submitted, /s/ Fleming of the 117th Chairman Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 253 Do Pass, by Substitute 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 18 Do Pass, by Substitute HB 161 Do Pass, by Substitute HB 1052 Do Pass, by Substitute Respectfully submitted, /s/ Rice of the 51st Chairman Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report: Mr. Speaker: 188 JOURNAL OF THE HOUSE 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 1068 Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, JANUARY 25, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 8th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule None Modified Open Rule None Modified Structured Rule None Structured Rule HB 713 Ronald Reagan Day in Georgia; designate February 6 annually Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman WEDNESDAY, JANUARY 25, 2006 189 By unanimous consent, the following Bill of the House was taken up for consideration and read the third time: HB 1068. By Representatives Ehrhart of the 36th, Tumlin of the 38th, Parsons of the 42nd, Manning of the 32nd, Golick of the 34th and others: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, so as to provide for procedures relating to the establishment or revision of school attendance zones; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce N Bryant N Buckner, D 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 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 Everson 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 Y Heard, J N Heard, K Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E E Hudson N Hugley N Jackson Jacobs N James Jamieson Y Jenkins Y Jennings N Johnson Y Jones, J N Jones, S Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk N Lucas Y Lunsford Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills E Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice N Sailor Y Scheid Y Scott, A Y Scott, M Setzler Shaw Y Sheldon Y Sims, C N Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre E 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 190 JOURNAL OF THE HOUSE Y Coleman, B Coleman, T Cooper Y Cox N Heckstall Y Hembree Henson Y Hill, C Y Maddox N Mangham Y Manning Marin Y Roberts Y Rogers Y Royal Y Rynders Y Williams, R N Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 111, nays 47. The Bill, having received the requisite constitutional majority, was passed. Representative Coleman of the 144th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has agreed to the House substitute as amended by the Senate (AM 18 1276) to the following bill of the Senate: SB 84. By Senators Staton of the 18th, Williams of the 19th, Chapman of the 3rd, Rogers of the 21st, Chance of the 16th and others: A BILL to be entitled an Act to amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to form of proper identification at polls, so as to change the forms of identification that are acceptable at the polls; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes The following members were recognized during the period of Morning Orders and addressed the House: Gardner of the 57th, Buckner of the 76th, Kidd of the 115th, Morgan of the 39th, Orrock of the 58th, and Smyre of the 132nd. Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time: HB 713. By Representatives Franklin of the 43rd, Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Ehrhart of the 36th and others: WEDNESDAY, JANUARY 25, 2006 191 A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observations, so as to declare Ronald Reagan Day in Georgia; to make certain legislative observations; to repeal conflicting laws; and for other purposes. 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 N Ashe Y Barnard Barnes Y Bearden N Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Borders Y Bridges Y Brooks Y Brown N 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 Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J 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, E E Hudson Hugley N Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y 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 Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills E Mitchell Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice 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 N Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre E Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Warren 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, the ayes were 138, nays 19. The Bill, having received the requisite constitutional majority, was passed. 192 JOURNAL OF THE HOUSE Representatives Benfield of the 85th and Manning of the 32nd 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 84. By Senators Staton of the 18th, Williams of the 19th, Chapman of the 3rd, Rogers of the 21st, Chance of the 16th and others: A BILL to be entitled an Act to amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to form of proper identification at polls, so as to change the forms of identification that are acceptable at the polls; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes The following Senate amendment was read: The Senate moves to amend the House substitute to SB 84 by striking "persons" on line 6 on page 1 and inserting in lieu thereof "registered electors"; by inserting after "Services" on line 11 on page 1 "to registered electors"; by inserting after "cards" on line 3 on page 4 "to registered Georgia electors"; by inserting after "21-2-417" on line 5 on page 4 "and available only to registered electors of this state"; and by striking line 1 on page 5 and inserting in lieu thereof the following: (3) Evidence that the person is registered to vote in this state; and Representative Fleming of the 117th moved that the House agree to the Senate amendment to the House substitute to SB 84. On the motion, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Amerson Anderson N Ashe Y Barnard Barnes Y Bearden N Beasley-Teague Benfield Y Benton Y Black N Bordeaux Borders Y Bridges 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 Everson Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E E Hudson N Hugley N Jackson N Jacobs N James N Jamieson Y Jenkins Y Jennings Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R WEDNESDAY, JANUARY 25, 2006 193 N Brooks Y Brown N Bruce N Bryant N Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T N Greene N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C 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 Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall Y Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, T Y Smith, V N Smyre E Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the motion the ayes were 111, nays 60. The motion prevailed. Representatives Benfield of the 85th and Borders of the 175th 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. The following Resolution of the House was read and referred to the Committee on Rules: HR 1130. By Representatives Drenner of the 86th, Henson of the 87th, Gardner of the 57th, Thomas of the 55th and Ashe of the 56th: A RESOLUTION commending Dr. Teresa Joyce; and for other purposes. The following Resolutions of the House were read and adopted: HR 1131. By Representatives Epps of the 128th, Sims of the 151st, Hugley of the 133rd and Sinkfield of the 60th: A RESOLUTION commending the Links Incorporated and proclaiming January 22, 2006, as "Links Smorgasbord of Prayer" in the City of LaGrange; and for other purposes. 194 JOURNAL OF THE HOUSE HR 1132. By Representative Jamieson of the 28th: A RESOLUTION commending Dustin Douglas Ayers; and for other purposes. HR 1133. By Representative Scheid of the 22nd: A RESOLUTION commending Common Ground Productions; and for other purposes. HR 1134. By Representative Smith of the 113th: A RESOLUTION commending the Reverend Dan "Pastor Dan" Fuller; and for other purposes. HR 1135. By Representative Lakly of the 72nd: A RESOLUTION congratulating Mrs. Maynard G. Brown on the occasion of her 97th birthday; and for other purposes. HR 1136. By Representatives Tumlin of the 38th, Manning of the 32nd, Parsons of the 42nd, Wix of the 33rd, Teilhet of the 40th and others: A RESOLUTION congratulating the Marietta Board of Lights and Waterworks on the occasion of its 100th anniversary; and for other purposes. HR 1137. By Representatives Henson of the 87th and Drenner of the 86th: A RESOLUTION congratulating the St. Timothy United Methodist School K-6 Chess Team on its 12th place win at the National Youth Chess Action; and for other purposes. HR 1138. By Representatives Wix of the 33rd, Teilhet of the 40th, Loudermilk of the 14th, Lunsford of the 110th, Johnson of the 37th and others: A RESOLUTION commending Mr. Bob Logan on being awarded the Wright Brothers Master Pilot award; and for other purposes. HR 1139. By Representatives Wix of the 33rd, Morgan of the 39th, Teilhet of the 40th, Johnson of the 37th and Hembree of the 67th: A RESOLUTION commending R. T. Godfrey on the occasion of his retirement from service on the Austell City Council; and for other purposes. WEDNESDAY, JANUARY 25, 2006 195 HR 1140. By Representatives Crawford of the 127th and Ray of the 136th: A RESOLUTION congratulating Mrs. Mary Bryan Weaver Arnold on the occasion of her 100th birthday; and for other purposes. HR 1141. By Representatives Parsons of the 42nd, Franklin of the 43rd, Manning of the 32nd, Johnson of the 37th and Teilhet of the 40th: A RESOLUTION congratulating Lauren Halford, Miss Cobb County 2006; and for other purposes. HR 1142. By Representatives Amerson of the 9th and Reece of the 27th: A RESOLUTION commending Ms. Lianne Keeney for being named to the 2nd ALA/ALTA National Advocacy Honor Roll; and for other purposes. HR 1143. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION commending Ms. Chanda Palmer for being name the Jackson County School System's Teacher of the Year; and for other purposes. HR 1144. By Representative Benton of the 31st: A RESOLUTION commending Mrs. Johnnie Blair for being named the Commerce City Schools System's Teacher of the Year; and for other purposes. HR 1145. By Representative Benton of the 31st: A RESOLUTION commending Ms. Lindy A. Pals for being named the Jefferson City School System's Teacher of the Year; and for other purposes. HR 1146. By Representative Houston of the 170th: A RESOLUTION commending Elco Alford; and for other purposes. HR 1147. By Representatives Stanley-Turner of the 53rd, Beasley-Teague of the 65th and Brooks of the 63rd: A RESOLUTION expressing deepest regret at the passing of Samuel Michael Turner; and for other purposes. 196 JOURNAL OF THE HOUSE HR 1148. By Representatives Roberts of the 154th, Coleman of the 144th, Richardson of the 19th, Burkhalter of the 50th and Keen of the 179th: A RESOLUTION commending the Fitzgerald High School Cheerleaders and their coaches for winning the 2005 AA State Championship; and for other purposes. HR 1149. By Representatives Beasley-Teague of the 65th and Stanley-Turner of the 53rd: A RESOLUTION remembering and honoring the life of Lillian C. Lee; and for other purposes. HR 1150. By Representatives Richardson of the 19th and Maxwell of the 17th: A RESOLUTION honoring the life and memory of Randy Stephen Vanek; and for other purposes, HR 1151. By Representatives Richardson of the 19th and Maxwell of the 17th: A RESOLUTION congratulating Mrs. Grace Hardin Hendon on the occasion of her 90th birthday; and for other purposes. HR 1152. By Representatives Richardson of the 19th and Maxwell of the 17th: A RESOLUTION remembering and honoring the life of Mr. Dewey Pierce Pendley, Sr., former mayor of Hiram; and for other purposes. HR 1153. By Representative Smith of the 70th: A RESOLUTION congratulating Mr. Jeff Binion, chief probation officer for the Coweta Judicial Circuit, on the occasion of his retirement; and for other purposes. The Speaker announced the House in recess until 1:45 o'clock, this afternoon. WEDNESDAY, JANUARY 25, 2006 197 AFTERNOON SESSION The Speaker called the House to order. The hour of convening the Joint Session pursuant to HR 1107 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Honorable Leah Ward Sears, Chief Justice of the Supreme Court, was called to order by the Speaker. The Resolution calling for the Joint Session was read. The Honorable Leah Ward Sears appeared upon the floor of the House and addressed the Joint Session. Senator Williams of the 19th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed. The President of the Senate announced the Joint Session dissolved. The Speaker called the House to order. Representative Franklin of the 43rd District, Chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report: Mr. Speaker: Your Committee on Legislative and Congressional Reapportionment has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 386 Do Pass Respectfully submitted, /s/ Franklin of the 43rd 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 198 JOURNAL OF THE HOUSE House and has instructed me to report the same back to the House with the following recommendations: HB 101 Do Pass, by Substitute HB 400 Do Pass, by Substitute HB 644 Do Pass HB 1020 Do Pass Respectfully submitted, /s/ Bridges of the 10th 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1041 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 129th Chairman The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning. THURSDAY, JANUARY 26, 2006 199 Representative Hall, Atlanta, Georgia Thursday, January 26, 2006 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 Bearden Benton Black Bridges Brooks Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Butler Byrd Carter Casas Chambers Cheokas Cole Coleman, B Cooper Cox Cummings Davis Dickson Dukes Ehrhart England Everson E Floyd, H Forster Franklin Freeman Geisinger Graves, D Graves, T Greene Hanner Hatfield Heard, J Heard, K Hembree Hill, C Hill, C.A Holmes Holt Horne Houston Howard, E E Hudson Hugley Jackson James Jenkins Jennings Johnson Jones, J Jones, S Keen Keown Kidd Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Maddox Manning Marin Martin May McCall E McClinton Meadows Mills E Morris Mosby Mosley Mumford Murphy, J Murphy, Q Neal O'Neal Parham Parrish Parsons Reece, B Rogers Royal Rynders Sailor Scheid Scott, A Scott, M Sheldon Sims, F Smith, L Smith, P Smith, R Smith, T Smith, V E Stanley-Turner Stephens Talton Teilhet Thomas, B Tumlin Warren 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, Barnard of the 166th, Barnes of the 78th, Beasley-Teague of the 65th, Bordeaux of the 162nd, Borders of the 175th, Brown of the 69th, Channell of the 116th, Coan of the 101st, Crawford of the 127th, Dodson of the 75th, Drenner of the 86th, Fleming of the 117th, Floyd of the 147th, Fludd of the 66th, Gardner of the 57th, Golick of the 34th, Harbin of the 118th, Heckstall of the 62nd, Jamieson of the 28th, Jordan of the 77th, Knight of the 126th, Knox of the 24th, Lucas of the 139th, Lunsford of the 110th, Mangham of the 94th, Maxwell of the 17th, Millar of the 79th, Mitchell of the 88th, Morgan of the 39th, Orrock of the 58th, Porter of the 143rd, Powell of the 29th, Ralston of the 7th, Randall of the 138th, Ray of the 136th, Roberts of the 154th, Shaw of the 176th, Sims of the 169th, Sinkfield of the 60th, Smith of the 113th, Smyre of the 132nd, Stephenson of the 92nd, 200 JOURNAL OF THE HOUSE Thomas of the 55th, Walker of the 107th, Watson of the 91st, Willard of the 49th, and Wix of the 33rd. They wish to be recorded as present. Prayer was offered by Dr. Richard Hunter, Hillside United Methodist Church, Woodstock, 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 962. By Representatives Holt of the 112th, Burkhalter of the 50th, Watson of the 91st and Floyd of the 99th: A BILL to be entitled an Act to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, so as to provide for a short title; to establish state policy regarding annexation; to provide that no municipality may annex property in which certain services THURSDAY, JANUARY 26, 2006 201 are provided by the county or which is included in the county's comprehensive zoning plan unless the county consents; to provide for an injunction; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1121. By Representatives Smith of the 131st, Smith of the 129th, Yates of the 73rd, Warren of the 122nd, Smith of the 168th and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property used in direct connection with the construction or improvement of the National Infantry Museum and Heritage Park at Fort Benning; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1122. By Representatives Ray of the 136th and James of the 135th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Peach County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district whose annual income does not exceed $20,000.00 and who are 65 years of age or older or disabled, approved April 1, 1995 (Ga. L. 1995, p. 4181), so as to increase the amount of such exemption and the income cap applicable to such exemption; 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 1123. By Representatives Lane of the 167th, Keen of the 179th, Stephens of the 164th, Hill of the 180th and Carter of the 159th: A BILL to be entitled an Act to amend Code Section 12-5-287 of the Official Code of Georgia Annotated, relating to leasing of state owned marshland or water bottoms, so as to change the fee for the lease of marshlands or water bottoms; to repeal conflicting laws; and for other purposes. 202 JOURNAL OF THE HOUSE Referred to the Committee on Natural Resources & Environment. HB 1124. By Representatives England of the 108th and Benton of the 31st: A BILL to be entitled an Act to provide an additional homestead exemption from Barrow County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of the homestead after a four-year phase-in period for residents of that school district who are 62 years of age or over and whose federal total income does not exceed certain federally specified poverty guidelines; 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 1125. By Representatives Day of the 163rd, Amerson of the 9th, Yates of the 73rd, Talton of the 145th and Murphy of the 23rd: 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 honoring members of the merchant marine; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1126. By Representative Barnard of the 166th: 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 insurance benefits for former state employees, so as to provide an exemption from the eight-year service requirement for correctional officers injured by inmate violence when five years or less from becoming eligible for medicare medical 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 State Institutions & Property. THURSDAY, JANUARY 26, 2006 203 HB 1127. By Representatives Drenner of the 86th, Benfield of the 85th, Henson of the 87th, Thomas of the 55th and Ashe of the 56th: A BILL to be entitled an Act to amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the public water system, so as to revise provisions relating to the allocation of water and waste-water usage among tenants; to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlords and tenants generally, so as to require landlords to provide heat and hot water to all tenants of multi-family dwellings and to every tenant occupied one or two family dwelling; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1128. By Representatives Drenner of the 86th, Benfield of the 85th, Henson of the 87th, Loudermilk of the 14th, Chambers of the 81st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to require the Georgia Emergency Management Agency to establish a state-wide planning and mapping system for the public buildings in this state to the extent money is available for such a system; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Defense & Veterans Affairs. HB 1129. By Representative Benfield of the 85th: A BILL to be entitled an Act to amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or departments or agencies of the state, so as to provide that certain awards to persons for wrongful incarceration shall not constitute a payment which is treated as ordinary income; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1130. By Representatives Oliver of the 83rd, Willard of the 49th, Lindsey of the 54th and Teilhet of the 40th: 204 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Titles 10, 29, and 53 of the O.C.G.A., relating respectively to commerce, guardian and ward, and wills, trusts, and administration of estates, so as to correct cross-references from the enactment of Ga. L. 2004, p. 161; to allow temporary petitions for guardianships to be filed in the county where the minor is located under certain circumstances; to provide for distribution of the estate of an intestate minor or adult ward by the conservator; to provide for payment of expenses of certain hearings under certain circumstances; to change the amount of the funds for which a probate judge can be legal custodian; to change provisions relating to satisfaction of requirements of authentication or exemplification; to allow probate court judges to hold certain funds for a missing heir or beneficiary under a decedent's will; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1131. By Representatives Heard of the 104th, England of the 108th, Freeman of the 140th, Keown of the 173rd and Maddox of the 172nd: A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the O.C.G.A., relating to general provisions relative to counties, municipal corporations, and other governmental entities, Chapter 3 of Title 44 of the O.C.G.A., relating to regulation of specialized land transactions, and Article 3 of Chapter 5 of Title 44 of the O.C.G.A., relating to covenants and warranties, so as to state the public policy of this state is to permit citizens to participate in government and engage in the expression of political speech, including patriotic expression, and is a consequence of the state's sovereign right to promote the general welfare of the public by protecting political speech; to provide for retroactive application; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1132. By Representatives Forster of the 3rd, Neal of the 1st and Dickson of the 6th: A BILL to be entitled an Act to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, so as to increase the clerical help allowance of the clerk of the Superior Court of Catoosa County; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. THURSDAY, JANUARY 26, 2006 205 HB 1133. By Representatives Smith of the 168th, Mosley of the 178th, Sims of the 169th, Walker of the 107th, Carter of the 159th and others: A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," so as to provide for the offering of state funded high school courses in the History and Literature of the Old Testament Era and the History and Literature of the New Testament Era; to provide for the adoption of the curricula for such courses by the State Board of Education; to provide for the topics of instruction, reading materials, and methods of teaching in such courses; to require certain training for teachers of such courses; to provide for certain matters relating to the employment and assignment of teachers of such courses; to provide for the granting of academic credit for the successful completion of such courses; to provide for the monitoring of the content and teaching of such courses; 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 1134. By Representatives Maddox of the 172nd, Floyd of the 147th, Royal of the 171st, Ray of the 136th, Black of the 174th and others: A BILL to be entitled an Act to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to season and bag limits, promulgation of rules and regulations by the board, possession of more than bag limit, and reporting number of deer killed, so as to change certain provisions relating to closed seasons for deer; to change certain provisions relating to open seasons, bag limits, and antler restrictions for deer; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HB 1135. By Representatives McCall of the 30th, Royal of the 171st, Crawford of the 127th, Roberts of the 154th, Rynders of the 152nd 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 taxes, so as to provide an exemption for certain sale or use of electricity or fuel used to power machinery or equipment used on farms or forests; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. 206 JOURNAL OF THE HOUSE HB 1136. By Representatives Floyd of the 147th and James of the 135th: A BILL to be entitled an Act to authorize the Magistrate Court of Dooly County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1137. By Representatives Geisinger of the 48th, Jones of the 46th, Rice of the 51st and Burkhalter of the 50th: A BILL to be entitled an Act to provide for the composition of state house districts and, in particular, House Districts 46, 48, 50, and 51; to provide for the election of such Representatives; to provide when such Representatives so elected shall take office; to provide for the continuation of present house districts until a certain time; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Legislative & Congressional Reapportionment. HR 1128. By Representative O`Neal of the 146th: A RESOLUTION creating the House Business Incentive Study Committee; and for other purposes. Referred to the Committee on Ways & Means. HR 1129. By Representative Ashe of the 56th: A RESOLUTION urging the Georgia Department of Education to assess how Georgia's school districts are promoting learning in and through the arts; and for other purposes. Referred to the Committee on Education. HR 1154. By Representatives Buckner of the 76th, Greene of the 149th, Crawford of the 127th, Dukes of the 150th, Black of the 174th and others: A RESOLUTION creating the House Study Committee on the Georgia State Patrol; and for other purposes. THURSDAY, JANUARY 26, 2006 207 Referred to the Committee on Public Safety. By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the Committees: HB 1148. By Representatives Amerson of the 9th, Bridges of the 10th, Reece of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of superior court judges for each judicial circuit, so as to create a new fifth superior court judgeship for the Enotah Judicial Circuit; to provide for the initial appointment, election, and term of office of such judge; to provide for the qualifications and for the compensation, salary, and expense allowance of such judge to be paid by the State of Georgia and the counties comprising the judicial circuit; to provide for jurors; to authorize the judges of said circuit to divide and allocate the work and duties thereto and provide for the duties of the chief judge and presiding judges; to provide for powers, duties, and responsibilities of judges of said circuit; to provide for additional court reporters and personnel and the compensation of such reporters and personnel; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1149. By Representatives Keen of the 179th and Lane of the 167th: A BILL to be entitled an Act to provide for the composition of state house districts and, in particular, House Districts 167 and 179; to provide for the election of such Representatives; to provide when such Representatives so elected shall take office; to provide for the continuation of present house districts until a certain time; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Legislative & Congressional Reapportionment. HR 1159. By Representatives Henson of the 87th, Benfield of the 85th, Drenner of the 86th, Manning of the 32nd, Chambers of the 81st and others: A RESOLUTION urging and requesting the Department of Community Health, the Department of Human Resources, and the Insurance Department to jointly undertake a study of health insurance coverage for the treatment of 208 JOURNAL OF THE HOUSE obesity, including the compilation of data on the treatment of severe or morbid obesity through bariatric surgery. Referred to the Committee on Insurance. By unanimous consent, the following Bills and Resolution of the House were read the second time: HB 1094 HB 1095 HB 1096 HB 1097 HB 1098 HB 1099 HB 1100 HB 1101 HB 1102 HB 1103 HB 1104 HB 1105 HB 1106 HB 1109 HB 1110 HB 1111 HB 1112 HB 1113 HB 1114 HB 1115 HB 1116 HB 1117 HB 1118 HB 1119 HB 1120 HR 1124 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 1077 Do Pass HB 1078 Do Pass HB 1079 Do Pass HB 1087 Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman Representative Day of the 163rd District, Chairman of the Committee on Public Safety, submitted the following report: Mr. Speaker: THURSDAY, JANUARY 26, 2006 209 Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 465 Do Pass, by Substitute HB 1019 Do Pass, by Substitute Respectfully submitted, /s/ Day of the 163rd Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, JANUARY 26, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 9th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 895 HB 999 Judicial Retirement System; superior court judge or district attorney; creditable service Veterinarians and veterinary technicians; certain requirements; change provisions 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. 210 JOURNAL OF THE HOUSE 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 1077. By Representative Jenkins of the 8th: A BILL to be entitled an Act to provide that future elections for the office of probate judge of Rabun 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 1078. By Representative Greene of the 149th: A BILL to be entitled an Act to create the Randolph County Water and Sewer Authority and provide for its activation; to provide for a short title; to provide for definitions; to provide for the purposes, powers, duties, and functions of the authority and authorize certain contracts and agreements; to provide for the membership and appointment of members of the authority and their terms of office, qualifications, duties, powers, methods of filling vacancies, compensation, and expenses; to provide for organization, meetings, and quorum of the authority; to provide for an attorney of the authority; to provide for an audit and budgets; to authorize the authority to contract with others regarding its functions, to contract with others pertaining to the use of the utilities and facilities of the authority, and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to 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 1079. By Representative Greene of the 149th: A BILL to be entitled an Act to provide a board of elections for Randolph County; to define its powers and duties concerning primaries and elections; to define certain terms; to provide a method for appointment, resignation, and removal of its members; to provide for the qualifications and terms of its THURSDAY, JANUARY 26, 2006 211 members; to provide for a chairperson, clerical assistants, and other employees; to provide for compensation of such persons and the members of the board; to provide for facilities; to relieve the judge of the probate court from certain responsibilities; to provide for submission 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 1087. By Representatives Mosley of the 178th, Lane of the 167th and Smith of the 168th: A BILL to be entitled an Act to increase the number of directors on the board of the Wayne County Industrial Development Authority established by Ga. L. 1964, p. 1002 (Res. Act No. 167; S.R. 147) and carried forward as part of the Constitution of the State of Georgia by Ga. L. 1987, p. 3805 (Act No. 141; HB 940), from seven to nine, pursuant to the power granted to the General Assembly by paragraph N. in Ga. L. 1964, p. 1002 (Res. Act No. 167; S.R. 147); to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Crawford Y Cummings Davis Day Dean Y Dickson Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Fleming E Floyd, H Y Floyd, J Y Fludd Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May McCall E McClinton Y Meadows Millar Y Mills Mitchell Y Morgan E Morris Y Mosby Y Mosley Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y Sailor Scheid Y Scott, A Scott, M Y Setzler Y Shaw Y Sheldon Sims, C E Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre E Stanley-Turner 212 JOURNAL OF THE HOUSE Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter Casas Y Chambers Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Forster Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Lewis Lindsey Y Lord Y Loudermilk Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bills, the ayes were 138, nays 1. The Bills, having received the requisite constitutional majority, were passed. Representatives Barnard of the 166th, Channell of the 116th, Lewis of the 15th, Lucas of the 139th, Mumford of the 95th, Reece of the 11th, 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 message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the Senate: SB 382. By Senators Harp of the 29th and Hill of the 32nd: A BILL to be entitled an Act to amend Titles 5, 7, and 19 of the O.C.G.A., relating respectively to appeal and error, banking and finance, and domestic relations, so as to change provisions relating to the calculation of child support; to clarify the direct appeal process in certain domestic relations cases; to clarify the calculation of the amount of interest on arrearage of child support; to clarify definitions; to provide guidelines for determining the amount of child support to be paid; to change provisions relating to guidelines for calculating child support; to reorganize Code Section 19-6-15, relating to THURSDAY, JANUARY 26, 2006 213 guidelines for calculating child support, to provide more clarity on the application of such child support; to allow a jury to determine deviations; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. The Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 649. By Senators Johnson of the 1st, Williams of the 19th and Brown of the 26th: A RESOLUTION congratulating the Court of Appeals of Georgia on the occasion of its 100th anniversary; and for other purposes. The Senate has adopted by the requisite constitutional majority the following resolution of the House: HR 1114. By Representative Keen of the 179th: A RESOLUTION relative to adjournment; and for other purposes. By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee: SB 382. By Senators Harp of the 29th and Hill of the 32nd: A BILL to be entitled an Act to amend Titles 5, 7, and 19 of the O.C.G.A., relating respectively to appeal and error, banking and finance, and domestic relations, so as to change provisions relating to the calculation of child support; to clarify the direct appeal process in certain domestic relations cases; to clarify the calculation of the amount of interest on arrearage of child support; to clarify definitions; to provide guidelines for determining the amount of child support to be paid; to change provisions relating to guidelines for calculating child support; to reorganize Code Section 19-6-15, relating to guidelines for calculating child support, to provide more clarity on the application of such child support; to allow a jury to determine deviations; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. The following members were recognized during the period of Morning Orders and addressed the House: 214 JOURNAL OF THE HOUSE Chambers of the 81st, Buckner of the 76th, Morgan of the 39th, Henson of the 87th, Reece of the 11th, Brown of the 69th, and Byrd of the 20th. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1155. By Representatives Butler of the 18th and Maxwell of the 17th: A RESOLUTION commending the cast and crew of the Bremen High School one-act competition play, "Mark Twain in the Garden of Eden," for being named Class A State Champions and inviting them to appear before the House of Representatives; and for other purposes. HR 1156. By Representatives Butler of the 18th and Maxwell of the 17th: A RESOLUTION commending the Bremen High School Competitive Cheerleading Squad for winning the 2005-2006 State Championship and inviting the team to appear before the House of Representatives; and for other purposes. HR 1158. By Representatives Davis of the 109th, Yates of the 73rd, Lunsford of the 110th, Watson of the 91st, Mosby of the 90th and others: A RESOLUTION commending the 8U McDonough Dawgs baseball team; inviting the coaches and players to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 895. By Representatives Yates of the 73rd, Lunsford of the 110th, Knight of the 126th and Powell of the 29th: 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. The following Committee substitute was read and adopted: THURSDAY, JANUARY 26, 2006 215 A BILL To amend Code Section 47-17-1, relating to definitions relative to the Peace Officers Annuity and Benefit Fund, so as to provide that certain law enforcement officers who are currently members of the Peace Officers Annuity and Benefit Fund who were transferred to the Department of Driver Services or the Department or Public Safety in certain positions shall be entitled to retain membership in the fund; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 47-17-1, relating to definitions relative to the Peace Officers Annuity and Benefit Fund, is amended by striking in its entirety paragraph (5) and inserting in lieu thereof the following: "(5) 'Peace officer' means: (A) Any peace officer who is employed by this state or any municipality, county, or other political subdivision thereof who is required by the terms of such peace officer's employment, whether by election or appointment, to give such peace officer's full time to the preservation of public order, the protection of life and property, or the detection of crime in this state or any municipality, county, or other political subdivision thereof and who is required by the terms of such peace officer's employment to comply with the requirements of the 'Georgia Peace Officer Standards and Training Act' contained in Chapter 8 of Title 35, provided that, for the purposes of this chapter, any deputy sheriff employed as such by a sheriff of this state shall be deemed to be employed by the county in which such sheriff serves; (B) Any warden or correction officer of state or county correctional institutions and any warden or correction officer of municipal correctional institutions of a municipality having a population of 70,000 or more according to the United States decennial census of 1970 or any future such census who is required by the terms of his or her employment as such warden or correction officer to give his or her full time to his or her job as such warden or correction officer; and any warden or correction officer of a municipal correctional institution who on or before October 1, 1962, pays paid dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other members during such periods are entitled, provided that any such warden or correction officer as provided in this subparagraph is required by the terms of his or her employment to comply with the requirements of the 'Georgia Peace Officer Standards and Training Act' contained in Chapter 8 of Title 35; (C) All employees of the Peace Officers Annuity and Benefit Fund who are required by the terms of their employment to devote their full time to such job; and any such full-time employee who on or before October 1, 1962, paid dues for prior 216 JOURNAL OF THE HOUSE service shall be deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other members are entitled; (D) Any parole officers who are required by the terms of their employment to devote full time to their job; (E) Any law enforcement employee of the Alcohol and Tobacco Tax Unit of the Department of Revenue who is required by the terms of his or her employment to devote his or her full time to his or her job as a law enforcer, and any supervisor of such employees who, himself or herself, is assigned to the Alcohol and Tobacco Tax Unit and who is required by the terms of his or her employment to have arrest powers and to enforce the alcohol and tobacco tax laws; (F) Any person employed by the Department of Transportation who is designated by the commissioner of transportation as an enforcement officer pursuant to Code Section 32-6-29, provided that such enforcement officers shall be entitled to creditable service toward retirement only for membership service rendered after April 5, 1978, and only for membership service which is rendered in such capacity prior to July 1, 2001; (G) Any full-time identification technician or identification supervisor employed by this state, or any subdivision or municipality thereof, whose duties include the investigation and detection of crime or whose duties are supervisory over those identification technicians whose duties include the investigation and detection of crime in this state, and who has had been considered a member of the Peace Officers Annuity and Benefit Fund, and paid dues thereto, at any time on or before July 1, 1981; and such identification technicians and identification supervisors shall be deemed to have been members for such prior period of service that dues were paid and shall be entitled to all rights and benefits to which other members are entitled; (H) Reserved; (I) Persons in the categories listed below who are required, as a condition necessary to carry out their duties, to be certified as peace officers pursuant to the provisions of Chapter 8 of Title 35, known as the 'Georgia Peace Officer Standards and Training Act': (i) Persons employed by the Department of Juvenile Justice who have been designated by the commissioner of juvenile justice to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or have broken their conditions of supervision; any employee of the Department of Juvenile Justice whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in its institutions, facilities, or programs, or who is a line supervisor of any such employee, provided that the powers of a peace officer have been conferred upon such person pursuant to Chapter 4A of Title 49; (ii) Narcotics agents retained by the director of the Georgia Bureau of Investigation pursuant to the provisions of Code Section 35-3-9; THURSDAY, JANUARY 26, 2006 217 (iii) Investigators employed by the Secretary of State as securities investigators pursuant to the provisions of Code Section 10-5-10; (iv) Investigators employed by the Secretary of State as investigators for the professional licensing boards pursuant to the provisions of Code Section 43-1-5; and (v) Persons employed by the Department of Motor Vehicle Safety to whom the commissioner of motor vehicle safety has delegated law enforcement powers Department of Driver Services as nonuniformed investigators pursuant to subsection (e) of Code Section 40-16-4 who were transferred to such position from the Department of Motor Vehicle Safety and who were, on June 30, 2006, members of the fund pursuant to Code Section 47-17-41; provided, however, that no such person shall be entitled to obtain any prior creditable service other than actual membership service; and (vi) Persons employed by the Motor Carrier Compliance Division of the Department of Public Safety as law enforcement officers who were transferred to such position from the Department of Motor Vehicle Safety and who were, on June 30, 2006, members of the fund pursuant to Code Section 47-17-41; provided, however, that no such person shall be entitled to obtain any prior creditable service other than actual membership service; (J) Any person who was a member of the fund pursuant to the definitions contained in subparagraphs (A) through (I) of this paragraph and who is subsequently promoted to a position of similar duties but broader supervisory duties, if such person's new position requires him or her to comply with the standards contained in Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and such person retains his or her powers of arrest; and (K) Any employee of the Department of Corrections whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of inmates and detainees or who is a line supervisor of any such employee, provided that all such persons are required to comply with the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' in order to hold their positions and in addition have been conferred with the powers of a police officer pursuant to Code Section 42-5-35." SECTION 3. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. 218 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: 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 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 E Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming E 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 Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Millar Y Mills Y Mitchell Y Morgan E Morris Y 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 Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y 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 E 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 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. THURSDAY, JANUARY 26, 2006 219 Due to a mechanical malfunction, the vote of Representative Porter of the 143rd was not recorded on the preceding roll call. He 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. HB 999. By Representatives Maddox of the 172nd, Burkhalter of the 50th, Keen of the 179th, McCall of the 30th, Ray of the 136th and others: A BILL to be entitled an Act to amend Chapter 50 of Title 43 of the O.C.G.A., relating to veterinarians and veterinary technicians, so as to change certain provisions relating to definitions relative to such chapter; to change certain provisions relating to exemptions from licensing and registration requirements; to change certain provisions relating to veterinary technicians; to provide for legislative purpose; to authorize the practice of veterinary technology by veterinary technicians under certain circumstances; to change certain provisions relating to application for registration as veterinary technician, qualifications, examination, renewal, applicants registered in other states, and responsibility of the State Board of Veterinary Medicine; to change certain provisions relating to scheduling and administration of examinations, reexamination, and reactivation; 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 Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Crawford Y Cummings Y Davis E Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Millar Y Mills Y Mitchell Y Morgan E Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C 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 220 JOURNAL OF THE HOUSE 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 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 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 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 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, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed. 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. The following Resolutions of the House and Senate were read and adopted: HR 1160. By Representatives Johnson of the 37th, Teilhet of the 40th, Wix of the 33rd, Manning of the 32nd and Setzler of the 35th: A RESOLUTION commending Specialist Raymond Keith Davis, Jr.; and for other purposes. HR 1161. By Representatives Coan of the 101st, Ehrhart of the 36th and Marin of the 96th: A RESOLUTION commending Charles R. Ford on becoming an Eagle Scout; and for other purposes. HR 1162. By Representatives Gardner of the 57th, Harbin of the 118th, Warren of the 122nd, Ashe of the 56th, Scheid of the 22nd and others: A RESOLUTION recognizing mental illness as a critical health issue, THURSDAY, JANUARY 26, 2006 221 declaring February 6, 2006, as Mental Health Day at the capitol; and for other purposes. HR 1163. By Representative Bryant of the 160th: A RESOLUTION commending Pastor Carl W. Scott Gilliard; and for other purposes. HR 1164. By Representatives Lewis of the 15th, Loudermilk of the 14th and Graves of the 12th: A RESOLUTION commending Ried Andrew Prestwood on becoming an Eagle Scout; and for other purposes. HR 1165. By Representative Byrd of the 20th: A RESOLUTION commending Ms. LeTrell E. Simpson; and for other purposes. HR 1166. By Representatives Dodson of the 75th, Ralston of the 7th, Buckner of the 130th, Harbin of the 118th, Smith of the 129th and others: A RESOLUTION commending the Partnership for Health and Accountability; and for other purposes. HR 1167. By Representative Burns of the 157th: A RESOLUTION commending Pastor Paul Hanson; and for other purposes. SR 649. By Senators Johnson of the 1st, Williams of the 19th and Brown of the 26th: A RESOLUTION congratulating the Court of Appeals of Georgia on the occasion of its 100th anniversary; and for other purposes. The Speaker announced the House in recess until 5:00 o'clock, 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 o'clock, A.M., Tuesday, January 31, 2006. 222 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Tuesday, January 31, 2006 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 Black Bridges Brooks Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Butler Byrd Carter Casas Chambers Cheokas Coleman, B Cox Cummings Davis E Day Dickson Dodson Drenner Ehrhart England Everson Fleming E Floyd, H Floyd, J Franklin Freeman Gardner Geisinger Graves, D Greene Hanner Hatfield Heard, J Heard, K Hembree E Henson Hill, C Hill, C.A Holt Horne Houston Hudson Hugley Jacobs James Jamieson Jenkins Jennings Johnson Jones, S Keen Keown Kidd Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lunsford Maddox Manning Marin Martin Maxwell May E McCall E McClinton Meadows Mills Morris Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Orrock Parham Parrish Parsons Porter Ralston Randall Ray E Reece, S Roberts Royal Rynders Scheid Scott, A Scott, M Setzler Sheldon Sims, F Smith, L Smith, P Smith, R Smith, V Smyre Stephens Talton Teilhet Thomas, B Tumlin Warren Watson Wilkinson Williams, A Williams, E Williams, R Yates Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Anderson of the 123rd, Barnes of the 78th, Beasley-Teague of the 65th, Bordeaux of the 162nd, Borders of the 175th, Brown of the 69th, Bruce of the 64th, Channell of the 116th, Cole of the 125th, Coleman of the 144th, Crawford of the 127th, Day of the 163rd, Dean of the 59th, Dollar of the 45th, Dukes of the 150th, Epps of the 128th, Fludd of the 66th, Forster of the 3rd, Golick of the 34th, Graves of the 12th, Harbin of the 118th, Heckstall of the 62nd, Howard of the 121st, Jackson of the 161st, Jordan of the 77th, Knight of the 126th, Lucas of the 139th, Mangham of the 94th, Millar of the 79th, Morgan of the 39th, Mosby of the 90th, Powell of the 29th, Reece of the 11th, Rogers of the 26th, Sailor of the 93rd, Shaw of the 176th, Sims of the 169th, Sinkfield of the 60th, Smith of the 113th, Smith of the 168th, Stanley-Turner of the 53rd, Stephenson of the 92nd, Thomas of the 55th, Walker of the 107th, and Wix of the 33rd. TUESDAY, JANUARY 31, 2006 223 They wish to be recorded as present. Prayer was offered by the Reverend Liz Forney, Central Presbyterian Church, Atlanta, Georgia. The members pledged allegiance to the flag. Representative Heard of the 104th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees: HB 1138. By Representative Drenner of the 86th: A BILL to be entitled an Act to provide for the composition of state house districts and, in particular, House Districts 86 and 89; to provide for the election of such Representatives; to provide when such Representatives so elected shall take office; to provide for the continuation of present house districts until a certain time; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Legislative & Congressional Reapportionment. 224 JOURNAL OF THE HOUSE HB 1139. By Representatives Lindsey of the 54th and Ashe of the 56th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption for a limited period of time with respect to certain qualified historical and educational attractions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1140. By Representatives Chambers of the 81st and Millar of the 79th: A BILL to be entitled an Act to provide for the composition of state house districts and, in particular, House Districts 79, 80, and 81; to provide for the election of such Representatives; to provide when such Representatives so elected shall take office; to provide for the continuation of present house districts until a certain time; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Legislative & Congressional Reapportionment. HB 1141. By Representatives Heard of the 104th, Mills of the 25th and Parsons of the 42nd: A BILL to be entitled an Act to amend Code Section 21-5-71 of the Official Code of Georgia Annotated, relating to registration of lobbyists, so as to provide for the payment of certain registration and other fees by persons who register as lobbyists; to provide for the establishment of such fees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ethics. HB 1142. By Representative Greene of the 149th: A BILL to be entitled an Act to provide for the filling of vacancies in the office of sheriff of Seminole County; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1143. By Representative Porter of the 143rd: TUESDAY, JANUARY 31, 2006 225 A BILL to be entitled an Act to amend an Act reconstituting the board of education of the City of Dublin, approved April 5, 1993 (Ga. L. 1993, p. 4970), as amended, so as to provide certain additional authority to the board with respect to real estate transactions; 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 1144. By Representatives Chambers of the 81st, Thomas of the 55th, Lindsey of the 54th, Jacobs of the 80th and Drenner of the 86th: A BILL to be entitled an Act to amend Code Section 8-3-3 of the Official Code of Georgia Annotated, relating to definitions relative to housing authorities, so as to redefine "private enterprise agreement"; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1145. By Representatives Ralston of the 7th and Mumford of the 95th: 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 change provisions relating to mental health proceedings; to provide for definitions; to reorganize certain provisions of the article for clarity; to require a child to be represented by an attorney if the child is being evaluated for competency; to change certain provisions relating to the content of an evaluator's report; to provide for least restrictive environments, where possible; to provide certain information to victims; to provide for disposition where a child will not become competent; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1146. By Representatives Meadows of the 5th, Smith of the 131st, Dickson of the 6th, Williams of the 4th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to qualified donations to community foundations; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for authority of the state revenue commissioner with respect to the foregoing; 226 JOURNAL OF THE HOUSE 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 1147. By Representatives Meadows of the 5th, Freeman of the 140th, Smith of the 131st, Sheldon of the 105th, Benton of the 31st and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption regarding the sale or use of funeral merchandise; to provide for definitions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1150. By Representatives Talton of the 145th, Murphy of the 23rd, O`Neal of the 146th and Brooks of the 63rd: 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 pediatric cancer research; to provide for a portion of the revenue to go to the Joanna McAfee Childhood Cancer Foundation; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1151. By Representatives Cole of the 125th, Roberts of the 154th, Smith of the 129th and Golick of the 34th: A BILL to be entitled an Act to amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, so as to provide that the Board of Trustees of the Employees Retirement System of Georgia shall be the successor to the Employee Benefit Council for the purpose of administering certain deferred compensation plans; to provide for the transfer of certain accounts and funds; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. TUESDAY, JANUARY 31, 2006 227 HB 1152. By Representatives Buckner of the 76th, Reece of the 11th, Manning of the 32nd, Houston of the 170th and Marin of the 96th: A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to provide for legislative purpose; to provide that each local board of education shall prescribe a course of study in personal safety skills and abduction avoidance; to authorize such local boards to supplement and develop the exact approach of content areas of such minimum course of study; to provide that the State Board of Education shall prescribe a minimum course of study and shall establish standards for its administration; to provide for certain topics of instruction; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1153. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide that a full-time student at a public postsecondary institution can regain eligibility for a HOPE scholarship at the end of any quarter or semester; to provide that a full-time student at a private postsecondary institution can regain eligibility for a HOPE scholarship at the end of any quarter or semester; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. HB 1154. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Coffee County, approved May 6, 2005 (Ga. L. 2005, p. 3838), so as to provide for a limitation on the amount of absentee ballot applications that the board of elections and registration shall provide to persons; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1155. By Representative Sims of the 169th: 228 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend an Act creating the Board of Education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, so as to provide for the selection of a chairperson and vice chairperson; to provide that such chairperson and vice chairperson shall serve terms of one year; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1156. By Representatives Graves of the 12th and Meadows of the 5th: A BILL to be entitled an Act to provide for the composition of state house districts and, in particular, House Districts 5 and 12; to provide for the election of such Representatives; to provide when such Representatives so elected shall take office; to provide for the continuation of present house districts until a certain time; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Legislative & Congressional Reapportionment. HB 1157. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th and Fleming of the 117th: 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 change certain provisions regarding income tax credits for employers providing approved retraining programs; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HR 1157. By Representatives Powell of the 29th, Jamieson of the 28th and Jenkins of the 8th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the Secretary of State shall be elected on a nonpartisan basis; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Governmental Affairs. TUESDAY, JANUARY 31, 2006 229 HR 1168. By Representatives Buckner of the 76th, Reece of the 11th, Manning of the 32nd, Houston of the 170th and Marin of the 96th: A RESOLUTION creating the Joint Study Committee on Personal Safety Education and Abduction Avoidance; and for other purposes. Referred to the Committee on Public Safety. HR 1169. By Representatives Bearden of the 68th, Brooks of the 63rd, Hembree of the 67th and Bruce of the 64th: A RESOLUTION dedicating the "Colonel R. H. Burson Bridge"; and for other purposes. Referred to the Committee on Transportation. By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee: HB 1178. By Representatives Hill of the 180th, Channell of the 116th, Cooper of the 41st and Brown of the 69th: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons; to provide for a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 962 HB 1121 HB 1122 HB 1123 HB 1124 HB 1125 HB 1126 HB 1133 HB 1134 HB 1135 HB 1136 HB 1137 HB 1148 HB 1149 230 JOURNAL OF THE HOUSE HB 1127 HB 1128 HB 1129 HB 1130 HB 1131 HB 1132 HR 1128 HR 1129 HR 1154 HR 1159 SB 382 Representative Walker of the 107th District, Chairman of the Committee on Human Relations and Aging, submitted the following report: Mr. Speaker: Your Committee on Human Relations and Aging has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 728 Do Pass, by Substitute Respectfully submitted, /s/ Walker of the 107th Chairman Representative Franklin of the 43rd District, Chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report: Mr. Speaker: Your Committee on Legislative and Congressional Reapportionment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1137 Do Pass, by Substitute Respectfully submitted, /s/ Franklin of the 43rd 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 TUESDAY, JANUARY 31, 2006 231 consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 209 Do Pass SB 210 Do Pass Respectfully submitted, /s/ Lewis of the 15th 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 1034 HB 1035 HB 1036 HB 1037 HB 1038 Do Pass Do Pass Do Pass Do Pass Do Pass HB 1039 HB 1102 HB 1117 HB 1118 HB 1119 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, JANUARY 31, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 10th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 494 Notaries public; additional qualifications; applications; amend provisions 232 JOURNAL OF THE HOUSE Modified Open Rule None Modified Structured Rule HB 950 Public employees and students; celebration of holidays; prohibit restrictions Structured Rule HR 1041 SB 386 J.T. Williams Honorary Bridge; designate Apportionment of House/Senate; provide for composition of state senatorial districts 46,47,49; elections 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 1034. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th: A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1035. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th: A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in the amount TUESDAY, JANUARY 31, 2006 233 of $10,000.00 of the assessed value of the homestead for residents of that city who are disabled or are 65 years of age or over and who meet certain income limitations; 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 1036. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th: A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for senior citizens whose household income does not exceed $39,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1037. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th: A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that city who are disabled or are 65 years of age or over and who meet certain income limitations; 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 1038. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th: 234 JOURNAL OF THE HOUSE A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1039. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th: A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city who are disabled or are 70 years of age or over and who meet certain income limitations; 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 1102. By Representative Greene of the 149th: A BILL to be entitled an Act to repeal an Act providing a new charter for the City of Coleman, approved April 19, 2000 (Ga. L. 2000, p. 3658), and abolish said city; to provide for the disposition of the assets, property, and legal rights and obligations of the city and the winding up of city affairs; to provide for submission under the federal Voting Rights Act of 1965, as amended; 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 1117. By Representative Ray of the 136th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Crawford County school district ad valorem taxes for TUESDAY, JANUARY 31, 2006 235 educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district whose annual income does not exceed $20,000.00 and who are 65 years of age or older or disabled, approved April 1, 1994 (Ga. L. 1994, p. 4515), so as to increase the amount of such exemption and the income cap applicable to such exemption; 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 1118. By Representative Ray of the 136th: A BILL to be entitled an Act to provide that future elections for the office of probate judge of Crawford 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 1119. By Representative Ray of the 136th: A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Crawford 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. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Crawford Y Cummings Y Davis Y Day Y Dean Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Martin Y Maxwell May E McCall E McClinton Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler 236 JOURNAL OF THE HOUSE Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Borders Y Bridges Y Brooks Brown Y Bruce Bryant Y Buckner, D Y Buckner, G Y Burkhalter Burmeister Burns Y Butler 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 Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Forster Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Howard, E 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 Knox Lakly Y Lane, B Y Lane, R Lewis Y Lindsey Lord Y Loudermilk Lucas Lunsford Maddox Mangham Y Manning Y Marin Y Meadows Y Millar 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 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 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 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 Bills, the ayes were 144, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representatives Dukes of the 150th, Lewis of the 15th, Mangham of the 94th, and Stanley-Turner of the 53rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the Senate: TUESDAY, JANUARY 31, 2006 237 SB 120. By Senators Seabaugh of the 28th, Balfour of the 9th, Stoner of the 6th, Chance of the 16th, Hill of the 32nd and others: A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to provide legislative findings and intent; to provide definitions; to provide that no state agency shall impose any requirement on broadband service, voice over Internet protocol, or wireless service; to provide that existing requirements are void; to provide for exceptions and construction; 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 120. By Senators Seabaugh of the 28th, Balfour of the 9th, Stoner of the 6th, Chance of the 16th, Hill of the 32nd and others: A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to provide legislative findings and intent; to provide definitions; to provide that no state agency shall impose any requirement on broadband service, voice over Internet protocol, or wireless service; to provide that existing requirements are void; to provide for exceptions and construction; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. The following members were recognized during the period of Morning Orders and addressed the House: Jones of the 44th, Abdul-Salaam of the 74th, Morgan of the 39th, Smith of the 113th, and Thomas of the 55th. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Defense & Veterans Affairs and referred to the Committee on Public Safety: HB 1128. By Representatives Drenner of the 86th, Benfield of the 85th, Henson of the 87th, Loudermilk of the 14th, Chambers of the 81st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to require the Georgia 238 JOURNAL OF THE HOUSE Emergency Management Agency to establish a state-wide planning and mapping system for the public buildings in this state to the extent money is available for such a system; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary Non-Civil and referred to the Committee on Public Safety: HB 1000. By Representatives Day of the 163rd, Neal of the 1st, Horne of the 71st, Chambers of the 81st and Cox of the 102nd: 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 relative to sheriffs, so as to provide for the responsibility and duties of the sheriff regarding courthouse and courtroom security; to provide notice and hearing; to provide for factors to consider in determining appropriate security measures; to provide for instruction to the jury; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Resolutions of the House were read and adopted: HR 1170. By Representatives Lane of the 158th, Stephens of the 164th and England of the 108th: A RESOLUTION commemorating the Keep Georgia Beautiful Program and its 66 local affiliates who serve 80 percent of the population of the State of Georgia; and for other purposes. HR 1171. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Roberts of the 154th and Smith of the 129th: A RESOLUTION commending Lonice C. Barrett; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1172. By Representatives Morgan of the 39th, Wix of the 33rd and Teilhet of the 40th: A RESOLUTION commending the Austell Police Department and inviting Police Chief Bob Starrett and Mayor Joe Jerkins to appear before the House of Representatives; and for other purposes. TUESDAY, JANUARY 31, 2006 239 HR 1173. By Representatives Royal of the 171st, Floyd of the 147th, Houston of the 170th, Rynders of the 152nd, Hanner of the 148th and others: A RESOLUTION commending Georgia High School/High Tech 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 and Resolution of the House were taken up for consideration and read the third time: HR 1041. By Representatives Davis of the 109th, Lunsford of the 110th, Watson of the 91st, Mosby of the 90th, Yates of the 73rd and others: A RESOLUTION honoring the accomplishments of J. T. Williams and dedicating the J. T. Williams Honorary Bridge; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION To designate certain portions of the state highway system; and for other purposes. PART I WHEREAS, J. T. Williams passed the certified public accountant examination on his first attempt and won an award for scoring the highest grade in Florida; and WHEREAS, he served on the staff of Price Waterhouse & Company in New York City and went on to head the largest accounting firm in Tallahassee, Florida; and WHEREAS, he is the Chairman and Chief Executive Officer of Killearn, Inc., a developer of quality golf course communities, including the premier developments Eagle's Landing and Eagle's Brooke, in Henry County, Georgia; and WHEREAS, J. T. Williams is responsible for bringing the prestigious LPGA professional golf tournament to the Eagle's Landing Country Club, and this annual event has generated tremendous revenue and positive public relations for Henry County; and WHEREAS, he is the Chairman of the Projects and Planning Committee of the Georgia Regional Transportation Authority, a member of the Congestion Mitigation Task Force, the former Chairman of Finance of the North Georgia Metro Water Board, the former Chairman of the Georgia Board of Education, a former member of the Hospital Steering 240 JOURNAL OF THE HOUSE Committee in Rabun County, the former Vice-Chairman of Henry County Health Systems, Inc.; and WHEREAS, he is the General Chairman of the Chick-fil-A Charity Championship, the past Chairman and currently on the executive committee of the Atlanta Regional Business Coalition, the former Chairman of the Henry County Chamber of Commerce, the past President of the Tallahassee Rotary Club; and WHEREAS, J. T. Williams is the former Trustee of the Radio and Television Commission and former Trustee of the Christian Life Commission of the Southern Baptist Convention, the former Trustee of the Baptist Joint Committee on Public Affairs, the former General Chairman of the North Florida Billy Graham Crusade, the past President of the Bill Glass Prison Ministries, and has taught Sunday school for over 30 years; and WHEREAS, in 2004, he was awarded the Herman Talmadge Visionary Award by the Henry County Chamber of Commerce, honoring the person with vision who has contributed the most to positive growth and economic development in Henry County; and WHEREAS, he has three sons (Joe, David, and Bert), and 12 grandchildren; and WHEREAS, his presence and developments in Henry County and elsewhere have improved the quality of life and promoted economic prosperity and his life of service to the business, civic, and religious groups in his community is worthy of respect and admiration. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over I-75 on Eagle's Landing Parkway is dedicated as the J. T. Williams Honorary Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating said bridge. Signs shall be erected on I-75 North, I-75 South, and on each end of 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 J. T. Williams and the Department of Transportation. PART II WHEREAS, the Champion family was one of the founding families of Harris County, Georgia; and TUESDAY, JANUARY 31, 2006 241 WHEREAS, this family has lived in the vicinity of the Champion Crossroads for generations; and WHEREAS, members of the Champion family have been outstanding civic and business leaders and have been instrumental in promoting the growth and development of Harris County; and WHEREAS, the Champion family has embraced and demonstrated the values espoused by the community and has shown a sincere devotion and commitment to Harris County and all of its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 18 at its intersection with Bethany Church Road and Hasty Road be dedicated as the Champion Crossroads; and the Department of Transportation is authorized and directed to place and maintain appropriate markers dedicating the Champion Crossroads. 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. PART III WHEREAS, SPC Justin W. Johnson was a member of the United States Army's 1st Cavalry Division, 1st and 82nd Field Artillery serving in Iraq; and WHEREAS, Justin was born on June 25, 1981, in Portsmouth, Virginia, and moved to Rome, Georgia, when he was four years old; and WHEREAS, he attended West Central Elementary and Glenwood Elementary schools and graduated from Armuchee High in 2000; and WHEREAS, he joined the United States Army in January, 2002, in reaction to the attacks on the United States on September 11, 2001; and WHEREAS, SPC Justin W. Johnson arrived in Baghdad, Iraq, on March 30, 2004, and 12 days later on April 10, 2004, while serving as a gunner on an Humvee, was killed in action when his patrol was hit by a roadside bomb; and WHEREAS, Justin has been awarded the Bronze Star, Purple Heart, National Defense Ribbon, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Good Citizenship Award by the National Society of the Sons of the American Revolution; and 242 JOURNAL OF THE HOUSE WHEREAS, this courageous soldier, who in the spirit of the American patriot, volunteered to confront the dangers, privations, and discomforts of wartime service and in the spirit of humanity strived to keep the peace in Iraq with fortitude and steadfast resolve, making us as a nation truly proud; and WHEREAS, all Americans owe a debt of gratitude to the men and women of our armed forces who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of SR 53 with SR 140 in Floyd County be dedicated as the SPC Justin W. Johnson Memorial Interchange, and the Department of Transportation is authorized and directed to place and maintain appropriate markers dedicating the SPC Justin W. Johnson Memorial Interchange. 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 SPC Justin W. Johnson and to the Department of Transportation. PART IV WHEREAS, Joseph Jones, Sr., was born in Atlanta, Georgia, on March 6, 1926, the third of the nine children of Ernest and Carrie Jones; and WHEREAS, he was educated in the Atlanta Public School System; and WHEREAS, he fought for his country with the United States Navy and was honorably discharged as Seaman First Class, V-6, on November 28, 1945; and WHEREAS, in 1945, he was united in marriage to Darnella Shell and to their loving union were born seven children; and WHEREAS, he was licensed as a minister of the Gospel while a member of Norwood Tabernacle Baptist Church; and WHEREAS, he worked at Lockheed Martin Aeronautics Company for over 35 years and served as a Business Representative for Machinist Local #709; and WHEREAS, Reverend Jones was active in his community as the PTA President of Clara Maxwell Pitts Elementary School, and was a member of Ashlar Smooth Masons #574; and WHEREAS, it is abundantly fitting and proper that the contributions of Reverend Joseph Jones, Sr., in the City of Atlanta and in the State of Georgia be appropriately recognized. TUESDAY, JANUARY 31, 2006 243 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the memory of Reverend Joseph Jones, Sr., is honored and that the bridge located at the point where SR 70 (Bolton Road) crosses I-285 in Fulton County is dedicated as the Joseph Jones, Sr., Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so dedicating the bridge. 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 the late Reverend Joseph Jones, Sr., and 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 Resolution, 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 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 Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard, E 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 Knox Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Martin Y Maxwell Y May E McCall E McClinton Y Meadows Y Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Williams, E 244 JOURNAL OF THE HOUSE Y Coleman, B Coleman, T Y Cooper Y Cox Y Heckstall Y Hembree Y Henson Y Hill, C Y Maddox Y Mangham Y Manning Y Marin Y Roberts Y Rogers Y Royal Y Rynders Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolution, by substitute, the ayes were 163, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. Representative Williams of the 89th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 494. By Representatives Lindsey of the 54th and Willard of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to provide for additional qualifications of a notary; to change certain provisions relating to the notary's application; to change certain provisions relating to a notary's obligation to advise the clerk of superior court of certain changes in personal information; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Abdul-Salaam Amerson Y 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 Y Bruce Y Bryant 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 Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May E McCall E McClinton Y Meadows Y Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Sims, C Y Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner TUESDAY, JANUARY 31, 2006 245 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 Forster Y Franklin Y 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 Y Henson Y Hill, C 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 O'Neal Y Orrock 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 Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 950. By Representatives Cox of the 102nd, Burkhalter of the 50th, Horne of the 71st, Burmeister of the 119th, Geisinger of the 48th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, so as to prohibit governmental entities in this state from restricting or prohibiting a public employee or public school student from verbal expressions relating to the celebration or observance of any public or legal holiday; to provide for legislative findings; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Henson of the 87th moved that HB 950 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard N Barnes N Bearden Y Beasley-Teague Benfield N Benton N Black N Crawford N Cummings N Davis N Day N Dean N Dickson Dodson N Dollar Y Drenner Dukes N Ehrhart N Hill, C.A Y Holmes N Holt N Horne N Houston N Howard, E N Hudson Y Hugley Y Jackson N Jacobs Y James N Martin N Maxwell N May E McCall E McClinton N Meadows N Millar N Mills Mitchell Y Morgan N Morris Sailor N Scheid N Scott, A N Scott, M N Setzler Shaw N Sheldon N Sims, C N Sims, F Y Sinkfield N Smith, B 246 JOURNAL OF THE HOUSE Y Bordeaux Y Borders N Bridges Y Brooks N Brown Y Bruce N Bryant Y Buckner, D Buckner, G N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter N Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman, B N Coleman, T N Cooper N Cox N England Y Epps N Everson N Fleming Y Floyd, H Y Floyd, J Fludd N Forster N Franklin Freeman Gardner N Geisinger N Golick N Graves, D N Graves, T N Greene Hanner Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C Y Jamieson Y Jenkins N Jennings N Johnson N Jones, J 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 N Manning N Marin Y 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 Porter N Powell N Ralston Y Randall N Ray N Reece, B N Reece, S N Reese N Rice N Roberts N Rogers N Royal N Rynders N Smith, L N Smith, P N Smith, R N Smith, T N Smith, V Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton N Teilhet Thomas, A.M Y Thomas, B N Tumlin N Walker N Warren Y Watson N Wilkinson Y Willard N Williams, A Y Williams, E N Williams, R N Wix N Yates Richardson, Speaker On the motion, the ayes were 39, nays 122. The motion failed. The following Committee substitute was read and withdrawn: A BILL To amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, so as to prohibit governmental entities in this state from unlawfully impairing, restricting, or prohibiting a public employee or public school student from verbal expressions relating to the celebration or observance of any public or legal holiday; to provide for legislative findings; to provide for 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 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, is amended by adding a new Code Section 1-2-12 to read as follows: "1-2-12. (a) The General Assembly finds and determines that: TUESDAY, JANUARY 31, 2006 247 (1) The First Amendment to the United States Constitution provides that 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech...'; (2) The rights secured under the First Amendment to the United States Constitution have been interpreted by the courts of the United States to be applicable to the states through the due process clause of the Fourteenth Amendment; (3) The United States Supreme Court has held that minors possess First Amendment rights and that students do not 'shed their constitutional rights to freedom of speech or expression at the schoolhouse gate'; (4) The United States Supreme Court has also held, however, that these rights are not immunized from restriction and that behavior that 'materially disrupts classwork or involves substantial disorder or invasion of the rights of others' may be curtailed by schools; (5) Article I, Section I, Paragraphs III and IV of the state Constitution provide rights to freedom of religion; and (6) Article I, Section I, Paragraph V of the state Constitution provides the right to freedom of speech. (b) No department or agency of the state and no county, municipality, local board of education, or other political subdivision of the state shall adopt or implement any policy which would unlawfully impair, restrict, or prohibit a public employee or public school student from engaging in their constitutional rights to freedom of speech or expression, including, but not limited to, verbal expressions relating to the celebration or observance of any public or legal holiday, as provided in Code Section 1-4-1. (c) Nothing in this Code section shall be construed to impair any ability that a local board of education may have to adopt and implement reasonable regulations to prevent behavior which materially disrupts classwork or involves substantial disorder or invasion of the rights of others." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, so as to prohibit governmental entities in this state from unlawfully impairing, restricting, or prohibiting a public employee or public school student from verbal expressions relating to the celebration or observance of any public or legal holiday; to provide for legislative findings; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 248 JOURNAL OF THE HOUSE SECTION 1. Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, is amended by adding a new Code Section 1-2-12 to read as follows: "1-2-12. (a) The General Assembly finds and determines that: (1) The First Amendment to the United States Constitution provides that 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech...'; (2) The rights secured under the First Amendment to the United States Constitution have been interpreted by the courts of the United States to be applicable to the states through the due process clause of the Fourteenth Amendment; (3) The United States Supreme Court has held that minors possess First Amendment rights and that students do not 'shed their constitutional rights to freedom of speech or expression at the schoolhouse gate'; (4) The United States Supreme Court has also held, however, that these rights are not immunized from restriction and that behavior that 'materially disrupts classwork or involves substantial disorder or invasion of the rights of others' may be curtailed by schools; (5) Article I, Section I, Paragraphs III and IV of the state Constitution provide rights to freedom of religion; and (6) Article I, Section I, Paragraph V of the state Constitution provides the right to freedom of speech. (b) No department or agency of the state and no county, municipality, local board of education, or other political subdivision of the state shall adopt or implement any policy which would unlawfully impair, restrict, or prohibit a public employee or public school student from engaging in their constitutional rights to freedom of speech or expression, including, but not limited to, verbal expressions relating to the celebration or observance of any public or legal holiday, as provided in Code Section 1-4-1. (c) Nothing in this Code section shall be construed to impair any ability that a department or agency of the state or a county, municipality, local board of education, or other political subdivision of the state has to adopt and implement reasonable regulations to prevent unlawful speech or expression, including, but not limited to, behavior which materially disrupts classwork or involves substantial disorder or invasion of the rights of others." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: TUESDAY, JANUARY 31, 2006 249 N Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Y Barnes Y Bearden N Beasley-Teague 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 Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson Y Dodson Y Dollar N Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Harbin Y 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 Y Howard, E Y Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jennings Y Johnson Y 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 Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Maxwell Y May E McCall E McClinton Y Meadows N Millar Y Mills Mitchell 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 Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Warren N Watson Y Wilkinson N 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 136, nays 25. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Harbin of the 118th 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. The Speaker announced the House in recess until 1:30 o'clock, this afternoon. 250 JOURNAL OF THE HOUSE AFTERNOON SESSION The Speaker called the House to order. The following Resolutions of the House were read and adopted: HR 1176. By Representatives Day of the 163rd, Carter of the 159th, Stephens of the 164th, Jackson of the 161st, Bordeaux of the 162nd and others: A RESOLUTION honoring the memory of Lieutenant Colonel Gregory J. Muller, of the 165th Airlift Wing of the Georgia Air National Guard, and expressing regret at his passing; and for other purposes. HR 1177. By Representatives Stephens of the 164th, Graves of the 137th, Carter of the 159th and Parrish of the 156th: A RESOLUTION recognizing the Community Health Centers Day; and for other purposes. HR 1178. By Representative Williams of the 165th: A RESOLUTION recognizing the contributions of black contractors to the State of Georgia and declaring February 2, 2006, as Black Contractors Day in Georgia; and for other purposes. HR 1179. By Representatives Loudermilk of the 14th, Ehrhart of the 36th, Lunsford of the 110th, Franklin of the 43rd, Mills of the 25th and others: A RESOLUTION recognizing Home Education Day at the Capitol; and for other purposes. HR 1180. By Representatives Buckner of the 76th, Barnes of the 78th, Dodson of the 75th and Coleman of the 97th: A RESOLUTION commending Ms. Cassie Harris for being named Clayton County's Teacher of the Year; and for other purposes. HR 1181. By Representative Bryant of the 160th: A RESOLUTION commending Ms. Amber Foster and Ms. Detrice Oglesby; and for other purposes. TUESDAY, JANUARY 31, 2006 251 HR 1182. By Representatives Borders of the 175th, Black of the 174th and Shaw of the 176th: A RESOLUTION commending Police Chief C. Frank Simons; and for other purposes. HR 1183. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION honoring and celebrating the birthday and life of Annie Myrt Adams Crawford on Sunday, April 23, 2006; and for other purposes. HR 1184. By Representatives Borders of the 175th, Black of the 174th and Shaw of the 176th: A RESOLUTION recognizing January 30, 2006, as Capitol Tech Day; and for other purposes. HR 1185. By Representatives Butler of the 18th, Brown of the 69th, Bearden of the 68th and Roberts of the 154th: A RESOLUTION recognizing and commending the Carroll County Chamber of Commerce; and for other purposes. HR 1186. By Representatives Buckner of the 76th, Manning of the 32nd, Ashe of the 56th, Gardner of the 57th, Walker of the 107th and others: A RESOLUTION remembering and honoring the life of Ms. Martha Talbot Eaves; and for other purposes. HR 1187. By Representatives Smith of the 70th, Reese of the 98th, Hanner of the 148th, Heard of the 104th, Smith of the 131st and others: A RESOLUTION commending David M. Word; and for other purposes. HR 1188. By Representatives Reece of the 27th, Rogers of the 26th and Mills of the 25th: A RESOLUTION commending Rev. J. Fred Breed and Mrs. Sarah Kathryne Quirey Breed; and for other purposes. HR 1189. By Representatives Smyre of the 132nd, Hugley of the 133rd, Buckner of the 130th, Smith of the 129th and Smith of the 131st: 252 JOURNAL OF THE HOUSE A RESOLUTION commending Paul Edward Fox, Jr., on becoming an Eagle Scout; and for other purposes. HR 1190. By Representatives Day of the 163rd, Neal of the 1st, Horne of the 71st, Cox of the 102nd and Hanner of the 148th: A RESOLUTION commending police chiefs and other heads of law enforcement agencies in this state and observing a day of recognition; and for other purposes. HR 1191. By Representatives Stephens of the 164th, Bordeaux of the 162nd, Carter of the 159th, Bryant of the 160th and Day of the 163rd: A RESOLUTION commending Ms. Paula Deen; and for other purposes. HR 1192. By Representatives Stephens of the 164th, Day of the 163rd, Carter of the 159th and Bryant of the 160th: A RESOLUTION commending the 165th Airlift Wing of Savannah, Georgia; and for other purposes. HR 1193. By Representatives Stephens of the 164th, Channell of the 116th and Parrish of the 156th: A RESOLUTION recognizing Community Health Centers Day; and for other purposes. HR 1194. By Representatives Rogers of the 26th, Heard of the 114th, Kidd of the 115th and Benton of the 31st: A RESOLUTION remembering and honoring the life of John Albert Thrasher; and for other purposes. On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson Anderson Ashe Barnard Y Barnes Y Bearden Beasley-Teague Benfield Crawford Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Hill, C.A Holmes Y Holt Y Horne Houston Howard, E Y Hudson Y Hugley Jackson Martin Y Maxwell Y May E McCall E McClinton Y Meadows Millar Y Mills E Mitchell Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Sims, C Y Sims, F TUESDAY, JANUARY 31, 2006 253 Y Benton Y Black Bordeaux Borders Bridges Brooks Brown Bruce Y Bryant Y Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Franklin Y Freeman Gardner Y Geisinger Golick Graves, D Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Heard, K Y Heckstall Y Hembree Henson Hill, C Y Jacobs 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 Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Manning Marin Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Neal Y Oliver Y O'Neal Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Rogers Y Royal Y Rynders Sinkfield Smith, B Y Smith, L Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the adoption of the Resolutions, the ayes were 109, nays 0. The Resolutions were adopted. Representatives Barnard of the 166th and Houston of the 170th 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 adopted by the requisite constitutional majority the following resolution of the House: HR 1171. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Roberts of the 154th and Smith of the 129th: A RESOLUTION commending Lonice C. Barrett; and for other purposes. 254 JOURNAL OF THE HOUSE The following Resolutions of the House were read and referred to the Committee on Rules: HR 1196. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th, Benton of the 31st and Williams of the 4th: A RESOLUTION commending the Riverside Military Academy football team for winning the GISA Class AAA state football championship and inviting its coach and members to appear before the House of Representatives; and for other purposes. HR 1197. By Representative Stephens of the 164th: A RESOLUTION commending Jackie R. Griffin, DPA and inviting him to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 386. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition of state senatorial districts and, in particular, Senate Districts 46, 47, and 49; to provide for the election of such Senators; to provide when such Senators so elected shall take office; to provide for the continuation of present senatorial districts until a certain time; to provide for other 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 N Anderson N Ashe Y Barnard N Barnes Y Bearden N Beasley-Teague N Benfield Crawford N Cummings Y Davis Y Day N Dean Y Dickson N Dodson Y Dollar N Drenner Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E N Hudson N Hugley N Jackson Y Martin Y Maxwell Y May E McCall E McClinton Y Meadows Y Millar Y Mills E Mitchell N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C N Sims, F TUESDAY, JANUARY 31, 2006 255 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 Y Carter Y Casas Y Chambers Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox N Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T N Greene N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C 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 Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox Mangham Y Manning N Marin 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 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 Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 100, nays 69. 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 "nay" thereon. Representative Lane of the 158th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report: Mr. Speaker: Your Committee on Game, Fish and Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1085 Do Pass Respectfully submitted, 256 JOURNAL OF THE HOUSE /s/ Lane of the 158th Chairman Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1107 Do Pass Respectfully submitted, /s/ O'Neal of the 146th Chairman The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning. WEDNESDAY, FEBRUARY 1, 2006 257 Representative Hall, Atlanta, Georgia Wednesday, February 1, 2006 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 Bearden Benton Bridges Brooks Bruce Bryant Buckner, D Buckner, G Burkhalter Butler Carter Chambers Channell Cheokas Cole Coleman, B Cooper Cox Cummings Dickson Dodson Dollar Drenner Ehrhart England Epps Everson Fleming Floyd, J Forster Franklin Freeman Gardner Geisinger Graves, D Greene Hatfield Heard, J Hembree E Henson Hill, C Hill, C.A Holt Horne Houston Howard, E Hugley Jackson E Jacobs James Jamieson Jenkins Jennings Johnson Jones, J Jones, S Keown Kidd Knox Lakly Lane, R Lewis Lindsey Lord Loudermilk Maddox Manning Marin Martin Maxwell E McCall E McClinton Meadows Millar Mills E Mitchell Mosby Mosley Mumford Murphy, J Murphy, Q Neal O'Neal Parham Parrish Parsons Porter Powell Ray Reece, B Reece, S Reese Rogers Royal Rynders Sailor Scheid Scott, A Scott, M Setzler 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 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, Barnard of the 166th, Barnes of the 78th, Beasley-Teague of the 65th, Benfield of the 85th, Black of the 174th, Bordeaux of the 162nd, Borders of the 175th, Brown of the 69th, Burmeister of the 119th, Burns of the 157th, Byrd of the 20th, Casas of the 103rd, Crawford of the 127th, Davis of the 109th, Day of the 163rd, Dean of the 59th, Dukes of the 150th, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Graves of the 12th, Hanner of the 148th, Harbin of the 118th, Hudson of the 124th, Jordan of the 77th, Keen of the 179th, Knight of the 126th, Lane of the 158th, Lucas of the 139th, Lunsford of the 110th, Mangham of the 94th, May of the 111th, Morgan of the 39th, Morris of the 155th, Oliver of the 83rd, Ralston of the 7th, Randall of the 138th, Rice of the 51st, Roberts of the 154th, Shaw of the 176th, Sheldon of the 105th, Sims of the 169th, Stephenson of the 92nd, Thomas of the 55th, Walker of the 107th, Wix of the 33rd, and Yates of the 73rd. 258 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Pastor Brad Marchman, Lawrence Drive Baptist 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 1158. By Representative Dollar of the 45th: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate supporting beautification projects in Cobb County; to provide for a portion of the revenue to go to Keep Cobb Beautiful, Inc.; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; WEDNESDAY, FEBRUARY 1, 2006 259 to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1159. By Representatives Amerson of the 9th and Reece of the 27th: A BILL to be entitled an Act to amend an Act creating the Board of Elections and Registration of Lumpkin County, approved June 3, 2003 (Ga. L. 2003, p. 4354), so as to change certain provisions relating to duties of the board; to change certain provisions relating to appointment and terms of office of members; to change certain provisions relating to qualifications of members; to change certain provisions relating to vacancies; to provide for removal of members; to change certain provisions regarding appointment and duties of the election supervisor and chief registrar; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community affairs - Local. HB 1160. By Representatives Knight of the 126th, Tumlin of the 38th, Mosby of the 90th and O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide for additional adjustments with respect to certain Subchapter "S" corporations, partnerships, or limited liability companies; to provide for procedures, conditions, and limitations; to provide for a definition; 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 1161. By Representatives Greene of the 149th and Hanner of the 148th: A BILL to be entitled an Act to create the Southwest Georgia Technology Authority, so as to provide for communication systems projects in Clay, Quitman, Randolph, and Stewart counties; to provide for a short title; to provide for definitions; to provide for membership; to provide for a governing board and its terms, organization, vacancies, and meetings; to provide for the powers and duties of the authority; to provide for services, procurement, and bonding; to provide for revenue bonds and their form, interest rates, denominations, payment, signatures, negotiability, exemption from taxation, sale, proceeds, interim bonds, and replacement; to provide for 260 JOURNAL OF THE HOUSE conditions for issuance of bonds and that they will not constitute certain debts; to provide for trust indentures, sinking fund, and payment of proceeds; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community affairs - Local. HB 1162. By Representatives Fleming of the 117th, Ralston of the 7th, Everson of the 106th, Knox of the 24th and Setzler of the 35th: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Community Affairs, so as to require the Department of Community Affairs to investigate and refer for prosecution cases of Section 8 housing fraud and abuse; to provide for administrative and civil remedies; to provide for pretrial diversion under certain circumstances for persons accused of Section 8 fraud or abuse; 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 1163. By Representatives Morgan of the 39th, Gardner of the 57th, Bruce of the 64th, Hugley of the 133rd, Watson of the 91st and others: A BILL to be entitled an Act to amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to jurisdiction of juvenile court, so as to change provisions relating to superior court transferring certain cases under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1164. By Representatives Ehrhart of the 36th and Harbin of the 118th: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the O.C.G.A., the "Budget Act," so as to provide for the collection and compilation of certain information with respect to the impact of judicial settlements and decrees on the state budgetary and appropriations process; to provide for findings and intent; to require certain information to be included in the budget estimates of budget units; to provide for the compilation of such information in the budget report; to provide for the inclusion of certain information in legislative budget tracking documents; to provide that the WEDNESDAY, FEBRUARY 1, 2006 261 payment or expenditure of state funds for purposes of compliance with a judicial decree or settlement shall be subject to appropriation and allotment of funds or an object class transfer; to define a term; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 1165. By Representatives Morgan of the 39th, Williams of the 89th, Heckstall of the 62nd, Gardner of the 57th, Watson of the 91st and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for election day registration; to provide for procedures; to provide for registration at polling places; to provide for absentee registration; to provide for voting after such registration; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1166. By Representatives Morgan of the 39th, Bruce of the 64th, Jordan of the 77th, Williams of the 89th, Gardner of the 57th and others: A BILL to be entitled an Act to amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to program weights and funding requirements relative to elementary and secondary education, so as to change certain provisions regarding program weights; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1167. 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 repeal the misdemeanor of tattooing near the eye unless performed by a licensed physician; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1168. By Representatives Stephens of the 164th, Burkhalter of the 50th, Parrish of the 156th and Amerson of the 9th: 262 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, so as to permit sales of distilled spirits, malt beverages, and wines not produced for consumption on the premises at a tasting room of a winery; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1169. By Representatives Drenner of the 86th, Henson of the 87th, Gardner of the 57th, Benfield of the 85th and Orrock of the 58th: 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 promoting the AIDS Survival Project and related activities; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such license plates; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1170. By Representatives Parsons of the 42nd, Williams of the 4th, Hembree of the 67th, Heard of the 104th, Smith of the 70th and others: 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 change certain provisions relating to examination fees for application for certificate of registration; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1171. By Representatives Day of the 163rd, Murphy of the 23rd, Ralston of the 7th and Amerson of the 9th: A BILL to be entitled an Act to amend Code Section 40-5-61 of the Official Code of Georgia Annotated, relating to the surrender and return of drivers licenses, so as to provide for a specific date of surrender of a driver's license for the computation of license suspensions and revocations; to change certain provisions relating to the surrender and return of drivers licenses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 1, 2006 263 Referred to the Committee on Motor Vehicles. HB 1172. By Representatives Walker of the 107th, Ehrhart of the 36th, Byrd of the 20th and Forster of the 3rd: A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to prohibit the requirement of prior authorization or other restrictions on medications prescribed for certain treatments and for critical or lifethreatening medical conditions for patients enrolled in Medicaid or any state funded health care program; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Human Relations & Aging. HB 1173. By Representative Ashe of the 56th: 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 a limited period of time for a sales and use tax exemption under certain circumstances of jet fuel sold to or used by certain qualifying airlines; to provide for early termination under certain circumstances; 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 1174. By Representatives Mumford of the 95th, Williams of the 89th and Holt of the 112th: A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, so as to change certain provisions relating to display of licenses; to provide for licensing and compliance of separate places of business of pet dealers and kennel operators; to change certain provisions relating to injunctions and restraining orders; to provide remedies for private parties; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1175. By Representatives Scott of the 2nd, Royal of the 171st, Franklin of the 43rd, Neal of the 1st, Loudermilk of the 14th and others: 264 JOURNAL OF THE HOUSE 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 broaden an exemption with respect to sales to churches; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1176. By Representatives Scott of the 2nd, Williams of the 4th, Mills of the 25th, Royal of the 171st, Talton of the 145th 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 repair and replacement parts for machinery and equipment used on a farm in the production of poultry and eggs; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1177. By Representatives Smith of the 129th, Graves of the 12th, Smith of the 13th, Channell of the 116th, Wix of the 33rd and others: A BILL to be entitled an Act to amend Code Section 32-2-60 of the Official Code of Georgia Annotated, relating to Department of Transportation construction contracts, so as to provide for bonding amounts for certain projects; 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 1179. By Representatives Coleman of the 97th, Keen of the 179th, Crawford of the 127th, Smith of the 129th, Smith of the 131st and others: A BILL to be entitled an Act to amend Chapter 3 of Title 13 of the Official Code of Georgia Annotated, relating to elements and formation of contracts, so as to provide that the placement and acceptance of a winning bid at an auction conducted by an licensed auctioneer shall constitute a valid and binding contract; to provide for recovery of actual and exemplary damages; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. WEDNESDAY, FEBRUARY 1, 2006 265 HB 1180. By Representatives Rogers of the 26th, Reece of the 27th, Smith of the 129th, Murphy of the 23rd, Benton of the 31st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to prohibit stopping vehicles hauling live poultry when the temperature and humidity could cause the live poultry to expire; to provide for exceptions; 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 1181. By Representative Ashe of the 56th: 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 an additional, limited period of time for a sales and use tax exemption under certain circumstances of jet fuel sold to or used by certain qualifying airlines; 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 1182. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th, Fleming of the 117th, Smith of the 129th and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption for a limited period of time with respect to certain eligible hall of fame attractions; 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 repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1183. By Representatives Porter of the 143rd, Smyre of the 132nd, Coleman of the 144th, Hugley of the 133rd, Randall of the 138th 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 a short title; to provide that certain students who apply for admission to member institutions of the University 266 JOURNAL OF THE HOUSE System of Georgia as freshman students and who graduated from certain public or private high schools in this state with a grade point average in the top 10 percent of such student's graduating class shall be automatically admitted; to authorize the Board of Regents to promulgate rules and regulations regarding such admissions; to provide that the Board of Regents and the Georgia Student Finance Commission shall develop a formula for giving extra weight to grades earned in certain classes in calculating a student's high school grade point average; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. HB 1184. By Representatives Stephens of the 164th and Bryant of the 160th: A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, so as to change the name of the Herty Foundation; to provide for modifying the purpose for the foundation; to provide for creating a subsidiary corporation for the foundation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Economic Development & Tourism. HB 1185. By Representatives Wix of the 33rd, Teilhet of the 40th, Jenkins of the 8th, Powell of the 29th, Borders of the 175th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to burglary, so as to increase the punishment and modify sentencing requirements for persons committing burglaries and to change certain provisions relating to sanctions for burglary; to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to increase the punishment for those receiving or transporting into the state property stolen from a residence; to change certain provisions relating to sanctions for theft; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1186. By Representatives Teilhet of the 40th, Tumlin of the 38th, Johnson of the 37th, Manning of the 32nd, Wix of the 33rd and others: WEDNESDAY, FEBRUARY 1, 2006 267 A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3609), so as to change the compensation of the judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community affairs - Local. HB 1187. By Representatives Willard of the 49th, Geisinger of the 48th, Lindsey of the 54th, Holmes of the 61st, Burkhalter of the 50th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to provide for an additional county classification for appraisal staff purposes; to change certain provisions regarding composition and duties of county appraisal staffs; to change certain provisions regarding designation and duties of chief appraisers; to change certain provisions regarding selection of the chairperson of the board of tax assessors; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1188. By Representatives Cheokas of the 134th, Hanner of the 148th, Coleman of the 144th, Harbin of the 118th, Crawford of the 127th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to state holidays and observations, so as to establish Jimmy Carter Day in Georgia; to state legislative findings; to repeal conflicting laws; and for other purposes. Referred to the Committee on Special Rules. HB 1189. By Representatives Cummings of the 16th, Rice of the 51st, Yates of the 73rd, Smith of the 129th, Sims of the 169th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the slogan, "Support Our Troops"; to provide for a portion of the revenue to go to Georgia Support Our Troops, Inc.; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; 268 JOURNAL OF THE HOUSE to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HR 1174. By Representatives Drenner of the 86th, Henson of the 87th, Gardner of the 57th, Benfield of the 85th and Orrock of the 58th: A RESOLUTION proposing an amendment to the Constitution so as to provide for a special license plate promoting the AIDS Survival Project; to provide for the donation of revenue derived from the sales of such license plates to such organization and for deposit other than into the general fund; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Motor Vehicles. HR 1175. By Representatives Amerson of the 9th, Stephens of the 164th, Houston of the 170th, Greene of the 149th and Crawford of the 127th: A RESOLUTION urging Georgia's state owned resorts and restaurants which serve wine to list the fine wines grown and produced by Georgia's licensed vineyards and wineries; and for other purposes. Referred to the Committee on Economic Development & Tourism. HR 1195. By Representatives Bryant of the 160th, Bordeaux of the 162nd, Carter of the 159th, Day of the 163rd, Stephens of the 164th and others: A RESOLUTION dedicating the bridge on Bay Street between East Lathorpe Street and Farm Street in Chatham County as the Dorothy Barnes Pelote Bridge; and for other purposes. Referred to the Committee on Transportation. HR 1198. By Representatives Forster of the 3rd, Ralston of the 7th, Franklin of the 43rd, Scott of the 153rd, Chambers of the 81st and others: A RESOLUTION urging the House of Representatives to recite the pledge of allegiance to the Georgia flag at appropriate times; and for other purposes. Referred to the Committee on Rules. WEDNESDAY, FEBRUARY 1, 2006 269 By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1138 HB 1139 HB 1140 HB 1141 HB 1142 HB 1143 HB 1144 HB 1145 HB 1146 HB 1147 HB 1150 HB 1151 HB 1152 HB 1153 HB 1154 HB 1155 HB 1156 HB 1157 HB 1178 HR 1157 HR 1168 HR 1169 SB 120 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 984 Do Pass Respectfully submitted, /s/ Yates of the 73rd Chairman Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1095 Do Pass HB 1096 Do Pass SB 195 Do Pass, by Substitute SB 264 Do Pass, by Substitute 270 JOURNAL OF THE HOUSE 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1059 Do Pass, by Substitute Respectfully submitted, /s/ Ralston of the 7th 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 1122 Do Pass HB 1124 Do Pass HB 1132 Do Pass HB 1136 Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 1, 2006 Mr. Speaker and Members of the House: WEDNESDAY, FEBRUARY 1, 2006 271 The Committee on Rules has fixed the calendar for this 11th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 101 HB 718 HB 989 HB 1020 Peace Officers' Annuity and Benefit Fund; certain creditable service Pretrial intervention and diversion programs; authorize certain courts to administer Clerks of superior courts; sunset dates; change Retirement; allowances; withdrawal of contributions; amend provisions Modified Open Rule None Modified Structured Rule None Structured Rule HB 941 Archives and History, Division of; documents; religious heritage; recognize 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 1122. By Representatives Ray of the 136th and James of the 135th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Peach County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district whose annual income does not exceed $20,000.00 and who are 65 years of age or older or disabled, approved April 1, 1995 (Ga. L. 1995, p. 4181), so as to increase 272 JOURNAL OF THE HOUSE the amount of such exemption and the income cap applicable to such exemption; 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 1124. By Representatives England of the 108th and Benton of the 31st: A BILL to be entitled an Act to provide an additional homestead exemption from Barrow County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of the homestead after a four-year phase-in period for residents of that school district who are 62 years of age or over and whose federal total income does not exceed certain federally specified poverty guidelines; 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 1132. By Representatives Forster of the 3rd, Neal of the 1st and Dickson of the 6th: A BILL to be entitled an Act to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, so as to increase the clerical help allowance of the clerk of the Superior Court of Catoosa County; 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 1136. By Representatives Floyd of the 147th and James of the 135th: A BILL to be entitled an Act to authorize the Magistrate Court of Dooly County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 1, 2006 273 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 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 Y Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Cox Y Crawford Y Cummings Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Everson Y Fleming 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 Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Holmes Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson E 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 Lucas Y Lunsford Y Maddox Mangham Manning Y Marin Martin Y Maxwell Y May Y McCall E McClinton Meadows Y Millar Y Mills Y Mitchell Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal 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 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 Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Stephens Stephenson Y Talton Teilhet 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 Wix Y Yates Richardson, Speaker On the passage of the Bills, the ayes were 141, nays 0. The Bills, having received the requisite constitutional majority, were passed. 274 JOURNAL OF THE HOUSE Representative Cox of the 102nd 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 bill of the Senate: SB 390. By Senators Chance of the 16th, Moody of the 56th, Carter of the 13th, Unterman of the 45th, Staton of the 18th and others: A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing for quality basic education, so as to require local school systems to spend a minimum amount of operating funds on direct classroom expenditures; to provide a short title; to provide for definitions; to provide for incremental compliance; to provide for a one-year waiver to compliance; to provide for sanctions for noncompliance; to provide for the submission of budget and expenditure information; to provide for rules and regulations; to change certain provisions relating to expenditure controls for fiscal years 2007 and 2008; to provide for related matters; to provide for 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 390. By Senators Chance of the 16th, Moody of the 56th, Carter of the 13th, Unterman of the 45th, Staton of the 18th and others: A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing for quality basic education, so as to require local school systems to spend a minimum amount of operating funds on direct classroom expenditures; to provide a short title; to provide for definitions; to provide for incremental compliance; to provide for a one-year waiver to compliance; to provide for sanctions for noncompliance; to provide for the submission of budget and expenditure information; to provide for rules and regulations; to change certain provisions relating to expenditure controls for fiscal years 2007 and 2008; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 1, 2006 275 Referred to the Committee on Education. The following members were recognized during the period of Morning Orders and addressed the House: Watson of the 91st and Buckner of the 130th. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1199. By Representatives Jenkins of the 8th and Ralston of the 7th: A RESOLUTION commending Howard "Fiddlin" Cunningham on his accomplishments in his chosen field of music and entertainment and inviting him to appear before the House of Representatives; an for other purposes. HR 1200. By Representatives Martin of the 47th, Burkhalter of the 50th and Jones of the 46th: A RESOLUTION commending the Milton High School Girls Lacrosse Team on their 2005 state championship and inviting the team and its coach to appear before the House of Representatives; and for other purposes. HR 1202. By Representative Hanner of the 148th: A RESOLUTION congratulating the 2005 Terrell Academy Lady Eagles softball team for winning the Georgia Independent Schools Association Region 3-A and State A Championship titles and inviting the team's players and coaches to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 941. By Representatives Benton of the 31st, England of the 108th, Bearden of the 68th, Mosley of the 178th, Maddox of the 172nd and others: 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 276 JOURNAL OF THE HOUSE 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. 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 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 Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson Y Dodson Y Dollar N Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson N Hugley N Jackson N Jacobs N 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 Y Loudermilk N Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows N Millar Y Mills 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 Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Sims, F N Sinkfield 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 N Thomas, A.M N Thomas, B Y Tumlin Y Walker 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, the ayes were 140, nays 26. The Bill, having received the requisite constitutional majority, was passed. WEDNESDAY, FEBRUARY 1, 2006 277 Representatives Sailor of the 93rd and Smith of the 113th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Representative Benfield of the 85th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon. HB 101. By Representatives Brooks of the 63rd, Cummings of the 16th and Williams of the 89th: A BILL to be entitled an Act to amend Article 5 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the Peace Officers Annuity and Benefit Fund, so as to provide for creditable service for certain prior service; to provide for an employee's contribution; to provide for application and conditions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 5 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the Peace Officers Annuity and Benefit Fund, so as to provide for creditable service for certain prior service; to provide for an employee's contribution; to provide for application and conditions; to provide for an appropriation of funds; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the Peace Officers Annuity and Benefit Fund, is amended by inserting at the end thereof the following: "47-17-71. Any active member of the fund on July 1, 2006, and any person who becomes an active member after such date, may obtain creditable service for prior service as a peace officer rendered prior to January 1, 1976. A member wishing to establish such creditable service shall pay an employee's contribution in an amount equal to $10.00 for each month of such service sought. In order to obtain such creditable service, the member must make written application to the board of trustees no later than December 31, 2006, and provide the board of trustees with such proof of prior service as the board 278 JOURNAL OF THE HOUSE of trustees deems necessary. The General Assembly shall appropriate funds necessary to fund concurrently the provisions of this Code section." SECTION 2. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes 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 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 Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Martin Y Maxwell E May Y McCall E McClinton Y Meadows Y Millar 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 Y Reece, B Y Reece, S Y Reese 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 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 WEDNESDAY, FEBRUARY 1, 2006 279 Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Lunsford E Maddox Y Mangham Y Manning Y Marin Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Cooper of the 41st, Jenkins of the 8th, and Sailor of the 93rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 718. By Representative Lindsey of the 54th: A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to allow certain courts to create and administer pretrial intervention and diversion programs; to provide for court costs; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to allow certain courts to create and administer pretrial intervention and diversion programs; to provide for court costs; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, is amended by striking subsections (a), (f), and (g) of Code Section 15-18-80, relating to policy and procedure, and inserting in their respective places the following: "(a) The prosecuting attorneys for each judicial circuit of this state shall be authorized to create and administer a Pretrial Intervention and Diversion Program. The prosecuting attorney for state courts, probate courts, magistrate courts, municipal courts, and any other court that hears cases involving a violation of the criminal laws of 280 JOURNAL OF THE HOUSE this state or ordinance violations shall also be authorized to create and administer a Pretrial Intervention and Diversion Program for offenses within the jurisdiction of such courts." "(f) The prosecuting attorney shall be authorized to assess and collect from each offender who enters the program a fee not to exceed $300.00 for the administration of the program. Any fee collected under this subsection shall be made payable to the general fund of the county in which the crime is committed political subdivision in which the case is being prosecuted. (g) The prosecuting attorney shall be further authorized to collect restitution on behalf of victims. Any restitution collected under this subsection shall be made payable to and disbursed by the clerk of the court in the county in which the case would be prosecuted." SECTION 2. Said article is further amended by striking Code Section 15-18-81, relating to court costs, and inserting in lieu thereof the following: "15-18-81. The prosecuting attorney may assess court costs against the defendant for the dismissal of criminal warrants when the affiant is not a peace officer. Any fee collected under this subsection shall be made payable to the general fund of the county in which the crime is committed political subdivision in which the case is being prosecuted." 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. Pursuant to Rule 133, Representatives Cox of the 102nd and Everson of the 106th were excused from voting on HB 718. 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 Benfield Benton Y Black Y Bordeaux Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner N Dukes Ehrhart Y England Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Martin Y Maxwell Y May McCall E McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby 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 WEDNESDAY, FEBRUARY 1, 2006 281 Y Borders 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 N Coleman, T Y Cooper Cox Y Epps Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C 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 E Maddox Y Mangham Y Manning Y Marin Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 158, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Forster of the 3rd and Sailor of the 93rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 989. By Representatives Fleming of the 117th, Willard of the 49th, Ralston of the 7th and Hatfield of the 177th: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to change sunset dates for real estate or personal property filing fees; to change a sunset date relating to the state-wide uniform automated information system; to change a sunset date relating to collection and remittance of real estate or personal property filing fees; 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. 282 JOURNAL OF THE HOUSE 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 Benfield 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 Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Lucas Y Lunsford E Maddox Y Mangham Manning Y Marin Y Martin Y Maxwell Y May McCall E McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q E 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 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 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 Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Benton of the 31st, England of the 108th, Jones of the 46th, and Sailor of the 93rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1020. By Representatives Bridges of the 10th, Meadows of the 5th, Brooks of the 63rd, Cummings of the 16th and Coleman of the 97th: WEDNESDAY, FEBRUARY 1, 2006 283 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 insert language emphasizing that retirement allowances in several public retirement systems shall not become effective prior to the month following the member's final month of employment; to provide that the trustees of the Georgia Defined Contribution Plan shall establish the amount below which a departing member must withdraw his or her contributions; to provide for gender neutrality; to 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 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 Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart England Y Epps Y Everson 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, E 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 Y Lunsford E Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May McCall E McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q E 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 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 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 284 JOURNAL OF THE HOUSE On the passage of the Bill, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives England of the 108th, Jones of the 46th, and Sailor of the 93rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The following Resolutions of the House were read and adopted: HR 1203. By Representative Maddox of the 172nd: A RESOLUTION commending Willie C. Harris; and for other purposes. HR 1204. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION commending Bobby Poole of Poole & Ramey Amoco Service; and for other purposes. HR 1205. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION remembering and honoring the life of Mr. Martin Edward Parson; and for other purposes. HR 1206. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION recognizing and commending Mr. Robert L. Fowler for receiving the Chartered Life Underwriter designation; and for other purposes. HR 1207. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION remembering and honoring the life of Mrs. Johnnie Bowie Swetenburg; and for other purposes. HR 1208. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION recognizing and commending Ms. Debbie Sanders for being named the 2005 Insurance Woman of the Year; and for other purposes. WEDNESDAY, FEBRUARY 1, 2006 285 HR 1209. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION remembering and honoring the life of Mr. Charles R. Frierson, Jr.; and for other purposes. HR 1210. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION remembering and honoring the life of Mr. James Anderson "Bubba" Dunlap; and for other purposes. HR 1211. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION commending Mary Louise Hulsey for 60 years of service to First Baptist Church of Gainesville; and for other purposes. HR 1212. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION recognizing and commending Mr. Andy Dunagan for being named the 2005 Insurance Man of the Year; and for other purposes. HR 1213. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION remembering and honoring the life of Ronald Dean Gregory; and for other purposes. HR 1214. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION remembering and honoring the life of Robert Edge Andrews, Sr.; and for other purposes. HR 1215. By Representative Hudson of the 124th: A RESOLUTION welcoming Reverend Michael Curry as the newly elected pastor of the Hickory Grove Missionary Baptist Church of Sparta, Georgia; and for other purposes. 286 JOURNAL OF THE HOUSE HR 1216. By Representative Hill of the 21st: A RESOLUTION commending Jamie K. Williams; and for other purposes. HR 1217. By Representative Mosley of the 178th: A RESOLUTION recognizing State Spelling Bee Champion James David Keane Clark; and for other purposes. HR 1218. By Representatives Stephens of the 164th, Carter of the 159th, Day of the 163rd, Bryant of the 160th, Jackson of the 161st and others: A RESOLUTION celebrating the life of Jennifer Liscomb Ross and offering heartfelt condolences to her family and friends; and for other purposes. HR 1219. By Representatives Epps of the 128th and Smyre of the 132nd: A RESOLUTION commending Mary Baugh; and for other purposes. HR 1220. By Representatives Hugley of the 133rd, Smyre of the 132nd, Smith of the 129th, Smith of the 131st, Buckner of the 130th and others: A RESOLUTION commending Ms. Emily Carruthers Chester; and for other purposes. HR 1221. By Representatives Mosley of the 178th, Smith of the 168th and Lane of the 167th: A RESOLUTION commending and congratulating the members and coaches of the Wayne County 2005 All-Stars Midget boys #1 softball team for winning the state championship; and for other purposes. HR 1222. By Representative Hill of the 21st: A RESOLUTION commending Zach Mosley; and for other purposes. Representative Harbin of the 118th District, Chairman of the Committee on Appropriations, submitted the following report: Mr. Speaker: WEDNESDAY, FEBRUARY 1, 2006 287 Your Committee on Appropriations 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 1022 Do Pass HB 1026 Do Pass, by Substitute Respectfully submitted, /s/ Harbin of the 118th Chairman 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1066 Do Pass Respectfully submitted, /s/ Manning of the 32nd Chairman Representative Williams of the 4th District, Chairman of the Committee on Regulated Industries, submitted the following report: Mr. Speaker: Your Committee on Regulated Industries has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 881 Do Pass Respectfully submitted, /s/ Williams of the 4th Chairman Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report: 288 JOURNAL OF THE HOUSE Mr. Speaker: Your Committee on Transportation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1106 Do Pass Respectfully submitted, /s/ Smith of the 129th Chairman The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning. THURSDAY, FEBRUARY 2, 2006 289 Representative Hall, Atlanta, Georgia Thursday, February 2, 2006 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 Black Bridges Brooks Bruce Bryant Burkhalter Burmeister Byrd Carter Casas Chambers Cheokas Cole Coleman, B Cooper Cox Cummings Davis Dickson England Everson Fleming Forster Franklin Freeman Gardner Geisinger Graves, D Graves, T Greene Hanner Hatfield Heard, J Heard, K Hembree Hill, C E Hill, C.A Holt Houston Howard, E Hugley Jackson James Jamieson Jenkins Jennings Johnson Jones, S Jordan Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Maddox Mangham Manning Martin Maxwell McCall E McClinton Meadows E Millar Mills Morris Mosby Mosley Mumford Murphy, J Murphy, Q Neal O'Neal Orrock Parham Parrish Parsons Ralston Randall Reece, S Rice Rogers Royal Rynders Scheid Scott, A Scott, M Setzler Shaw Sheldon Sims, F Smith, L Smith, P E Smith, T Stephens Talton Teilhet Thomas, A.M E Thomas, B Tumlin Warren Watson Wilkinson Williams, A Williams, E Williams, R Wix Yates Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Anderson of the 123rd, Barnes of the 78th, Beasley-Teague of the 65th, Borders of the 175th, Brown of the 69th, Buckner of the 76th, Buckner of the 130th, Burns of the 157th, Channell of the 116th, Coan of the 101st, Coleman of the 144th, Crawford of the 127th, Day of the 163rd, Dean of the 59th, Dodson of the 75th, Dollar of the 45th, Drenner of the 86th, Dukes of the 150th, Ehrhart of the 36th, Floyd of the 99th, Floyd of the 147th, Fludd of the 66th, Golick of the 34th, Harbin of the 118th, Henson of the 87th, Horne of the 71st, Hudson of the 124th, Lucas of the 139th, Marin of the 96th, May of the 111th, Mitchell of the 88th, Morgan of the 39th, Oliver of the 83rd, Porter of the 143rd, Ray of the 136th, Reece of the 11th, Reese of the 98th, Roberts of the 154th, Sailor of the 93rd, Sims of the 169th, Sinkfield of the 60th, Smith of the 113th, Smith of the 129th, Smith of the 131st, Smyre of the 132nd, Stanley-Turner of the 53rd, Stephenson of the 92nd, and Walker of the 107th. 290 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by the Reverend Bennie R. Mitchell, Jr., Connor's Temple Baptist Church, Savannah, Georgia. The members pledged allegiance to the flag. Representative Heard of the 104th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees: HB 1190. By Representatives Wilkinson of the 52nd, Willard of the 49th, Geisinger of the 48th, Jones of the 46th and Ashe of the 56th: A BILL to be entitled an Act to amend Code Section 32-10-64 of the Official Code of Georgia Annotated, relating to the toll powers of the State Road and Tollway Authority, so as to modify and clarify the processes by which collection of unpaid tolls may be accomplished; to alter the fees and penalties which may be assessed for failure to pay the proper toll; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 2, 2006 291 Referred to the Committee on Transportation. HB 1191. By Representatives Benton of the 31st and Meadows of the 5th: 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 require a practitioner to have the practitioner's name printed below his or her signature; to change certain provisions relating to requirements for transmitting prescriptions electronically or via facsimile; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1192. By Representatives Willard of the 49th, Wilkinson of the 52nd, Geisinger of the 48th and Lindsey of the 54th: A BILL to be entitled an Act to create the City of Sandy Springs Public Facilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1193. By Representatives Knight of the 126th, Rice of the 51st, Coleman of the 97th, Ralston of the 7th and Talton of the 145th: A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances, so as to prohibit owning or operating vehicles containing false or secret compartments; to prohibit installing false or secret compartments in a vehicle; to subject such vehicles to forfeiture; to provide a penalty for violations; to provide for related matters; to provide an 292 JOURNAL OF THE HOUSE effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1194. By Representatives Lane of the 167th and Keen of the 179th: 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 education on the maritime history of Georgia's coast; to provide for a portion of the revenue to go to The Georgia Maritime Foundation, Inc.; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1195. By Representatives Willard of the 49th, Tumlin of the 38th, Wilkinson of the 52nd, Geisinger of the 48th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to require complaints to be accompanied in filing with the civil case filing form; to require judgments to be accompanied in filing with the civil case disposition form; to change certain provisions relating to commencement of actions; to change certain provisions relating to entry of judgment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1196. By Representatives Drenner of the 86th, Chambers of the 81st, Benfield of the 85th, Ashe of the 56th and Epps of the 128th: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions relative to wine, so as to allow restaurant patrons to re-cork and remove a partially consumed bottle of wine that was purchased with a meal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. THURSDAY, FEBRUARY 2, 2006 293 HB 1197. By Representative Lane of the 167th: A BILL to be entitled an Act to provide for a homestead exemption from City of Darien ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1198. By Representative Lane of the 167th: A BILL to be entitled an Act to provide a homestead exemption from McIntosh County school district ad valorem taxes for educational purposes in the full amount of the assessed value of the homestead for residents of that school district who are 65 years of age or over and whose annual 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 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 1199. By Representative Lane of the 167th: A BILL to be entitled an Act to provide that the probate judge of McIntosh County shall serve ex officio as chief magistrate of the Magistrate Court of McIntosh County on and after a date certain; to provide an effective date; to repeal certain Acts; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1200. By Representatives Dickson of the 6th, Maxwell of the 17th, Coleman of the 97th, Amerson of the 9th and Williams of the 4th: A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to change certain eligibility requirements relating to HOPE teacher's scholarships; to provide for related matters; to repeal conflicting laws; and for other purposes. 294 JOURNAL OF THE HOUSE Referred to the Committee on Higher Education. HB 1201. By Representatives Tumlin of the 38th, Golick of the 34th, Dollar of the 45th, Wix of the 33rd, Parsons of the 42nd and others: A BILL to be entitled an Act to amend an Act creating a system of public schools for the City of Marietta in the County of Cobb, approved December 29, 1890 (Ga. L. 1890-91, Vol. II, p. 1014), as amended, so as to provide for compensation 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 1202. By Representatives Tumlin of the 38th, Golick of the 34th, Dollar of the 45th, Wix of the 33rd, Parsons of the 42nd and others: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, so as to change the provisions relating to the compensation of the chairperson and the other commissioners of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1203. By Representatives Benfield of the 85th, Willard of the 49th, Amerson of the 9th, Lindsey of the 54th, Buckner of the 130th and others: A BILL to be entitled an Act to amend Code Section 12-7-7 of the Official Code of Georgia Annotated, relating to permit or notice of intent required for land-disturbing activities, approval of application and issuance of permit, denial of permit, and bond requirement, so as to require that certain land disturbance fees paid to the Environmental Protection Division shall be deposited into a newly created nonlapsing trust fund to be used for administration of certain provisions relating to control of soil erosion and sedimentation; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1204. By Representative Powell of the 29th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, THURSDAY, FEBRUARY 2, 2006 295 so as to exempt from such taxes sales to water and sewer authorities created by local law; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1205. By Representatives Franklin of the 43rd, Stephens of the 164th, Rice of the 51st, Scott of the 2nd, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Code Section 40-2-86.3 of the Official Code of Georgia Annotated, relating to license plates commemorating Civil War battlefields and historic sites, so as to include the Sons of Confederate Soldiers license plate; to provide for a portion of the revenue to go to the Civil War Commission; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1206. By Representatives Sims of the 169th and Hatfield of the 177th: A BILL to be entitled an Act to amend Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to special provisions for certain vehicles, so as to provide rules for operating motor vehicles on the waters of this state; to provide for legislative findings; to provide for definitions; to provide for exemptions; to protect public recreational use of the waters of this state; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1207. By Representative Powell of the 29th: A BILL to be entitled an Act to amend the "City of Hartwell Recreation Authority Act," approved April 4, 1996 (Ga. L. 1996, p. 3998), so as to authorize the Hartwell Recreation Authority to lease, sell, transfer, or otherwise dispose of real or tangible personal property owned by the authority; to provide for the disposition of proceeds resulting from the transfer of ownership interests of such property; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. 296 JOURNAL OF THE HOUSE HB 1208. By Representatives Jones of the 44th, Tumlin of the 38th, Manning of the 32nd, Johnson of the 37th, Cooper of the 41st and others: A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the compensation of the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1209. By Representatives Chambers of the 81st, Wilkinson of the 52nd and Watson of the 91st: A BILL to be entitled an Act to amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment into county treasuries of fines and forfeitures, so as to provide for payment of certain moneys arising from traffic fines generated by motorcycle enforcement to the Department of Public Safety for the maintenance and enhancement of the motorcycle enforcement program; to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals relative to prosecution of misdemeanor traffic offenses, so as to provide for payment of certain moneys arising from traffic fines generated by motorcycle enforcement to the Department of Public Safety for the maintenance and enhancement of the motorcycle enforcement program; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1210. By Representatives Heard of the 114th, Kidd of the 115th and Smith of the 113th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for members of the board of the hospital authority of Clarke County," approved April 6, 1982 (Ga. L. 1982, p. 3705), so as to provide for staggered six-year terms for the members of such authority board; to provide for current membership; to provide for nominations for appointments; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. THURSDAY, FEBRUARY 2, 2006 297 HB 1211. By Representatives Reese of the 98th, Lane of the 158th, Ralston of the 7th, Holt of the 112th, Crawford of the 127th 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 the Southern Appalachian brook trout as the official state cold water game fish; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HB 1212. By Representatives Teilhet of the 40th, Brooks of the 63rd, Sims of the 151st, Bryant of the 160th, Borders of the 175th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to enact the "PeachKids--Health Insurance for All Georgia Children Act"; to provide for a short title; to provide for definitions; to provide for the creation of the PeachKids health care insurance plan; to provide for eligibility, health care services, and payment of premiums and copayments; to provide for contracted services; to provide for health care provider enrollment; to provide for application for funding sources; to provide for rules and regulations; to provide for construction; to provide for an annual report; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1213. By Representatives McCall of the 30th, Roberts of the 154th, Royal of the 171st, Rogers of the 26th, Powell of the 29th and others: A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to live poultry dealers, brokers, and market operators, so as to provide for disposal of dead poultry in accordance with methods for disposal of dead animals generally; to prohibit certain slaughter of poultry on the premises of dealers, brokers, and sales establishments; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HB 1214. By Representative Cummings of the 16th: 298 JOURNAL OF THE HOUSE 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 honoring all veterans who have served in the armed services of the United States; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1215. By Representative Gardner of the 57th: 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 research and education on amyotrophic lateral sclerosis (ALS); to provide for a portion of the revenue to go to the ALS Association of Georgia; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HR 1201. By Representatives Franklin of the 43rd, Stephens of the 164th, Rice of the 51st, Scott of the 2nd, Maxwell of the 17th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for dedication of certain revenue derived from fees from the sale of specially designed license plates commemorating the Sons of Confederate Veterans; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Motor Vehicles. HR 1223. By Representatives Jacobs of the 80th and Powell of the 29th: A RESOLUTION proposing an amendment to the Constitution so as to provide that all records and meetings of any government, authority, or private corporation performing a public purpose shall be open to the public; to THURSDAY, FEBRUARY 2, 2006 299 provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Judiciary. 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 1222. By Representatives Hatfield of the 177th, Fleming of the 117th, Ralston of the 7th, Bearden of the 68th, Byrd of the 20th and others: A BILL to be entitled an Act to provide a comprehensive revision, modernization, and reform of the laws of this state relating to operating motor vehicles while under the influence of alcohol, drugs, or other substances; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to provide legislative intent; to prohibit the operation of motor vehicles in this state while under the influence of alcohol, drugs, or other substances; to provide for implied consent to chemical testing; to provide definitions; to provide for chemical testing of persons suspected of driving under the influence of alcohol, drugs, or other substances; to provide for the procedures to obtain and perform such tests; to provide for the administration of certain warnings with regard to such tests; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1238. By Representatives Rice of the 51st, Mills of the 25th, Ehrhart of the 36th, Hill of the 21st, Coan of the 101st and others: A BILL to be entitled an Act to amend Article 11 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to records and reports of currency transactions, so as to provide for an illegal immigrant fee with respect to money received for wire transmission; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for exceptions; to provide for legislative intent; to prohibit certain conduct to avoid or evade such fee; to provide for criminal penalties; to provide for powers, duties, and authority of the commissioner of banking and finance with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. 300 JOURNAL OF THE HOUSE HB 1239. By Representatives Setzler of the 35th, Keen of the 179th, Thomas of the 55th, Maxwell of the 17th, May of the 111th and others: A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," so as to require annual instruction in certain grades in criminal law in Georgia as it relates to school-aged children; to provide for legislative findings; to provide for a minimum course of study established by the State Board of Education; to provide for a manual; to provide for rules and regulations; to provide for time frames; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1240. By Representatives Coan of the 101st, Butler of the 18th, Knox of the 24th, Horne of the 71st, Cox of the 102nd and others: A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the O.C.G.A., relating to workers compensation, so as provide that the employer must provide notice to the employee within 60 days of the employee's release to return to work with restrictions or limitations; to provide that an employee must submit charges within one year of the date of incurring mileage expenses or the right to collect such charges shall be deemed to be waived; to increase the maximum death benefit to $150,000.00 for the surviving spouse who is the sole dependent at the time of the employee's death; to require that physicians treating workers compensation claimants comply with provisions against self-referral; to make a conforming amendment to Chapter 1B of Title 43 of the O.C.G.A., relating to patient self-referral; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Industrial Relations. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1158 HB 1159 HB 1160 HB 1161 HB 1162 HB 1163 HB 1176 HB 1177 HB 1179 HB 1180 HB 1181 HB 1182 THURSDAY, FEBRUARY 2, 2006 301 HB 1164 HB 1165 HB 1166 HB 1167 HB 1168 HB 1169 HB 1170 HB 1171 HB 1172 HB 1173 HB 1174 HB 1175 HB 1183 HB 1184 HB 1185 HB 1186 HB 1187 HB 1188 HB 1189 HR 1174 HR 1175 HR 1195 HR 1198 SB 390 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 1197 Do Pass Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1142 Do Pass HB 1143 Do Pass HB 1155 Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, FEBRUARY 2, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 12th Legislative Day as enumerated below: 302 JOURNAL OF THE HOUSE DEBATE CALENDAR Open Rule HB 594 HB 692 HB 1052 Bail bonds; fees of sureties Probation; terms and conditions; amend Motor vehicles; distinguishable transporter license plate; provisions Modified Open Rule None Modified Structured Rule HB 1042 Annual accounting periods; treatment of taxable years; amend provisions Structured Rule HB 1080 Income tax credit; qualified child and dependent care expenses; provide 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 1142. By Representative Greene of the 149th: A BILL to be entitled an Act to provide for the filling of vacancies in the office of sheriff of Seminole County; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1155. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act creating the Board of Education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. THURSDAY, FEBRUARY 2, 2006 303 2441), as amended, so as to provide for the selection of a chairperson and vice chairperson; to provide that such chairperson and vice chairperson shall serve terms of one year; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Crawford Y Cummings Y Davis Y Day Dean Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Epps Y Everson 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 Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Henson Y Hill, C E Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Mangham Y Manning Marin Y Martin Y Maxwell May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Y Orrock Y Parham Y Parrish 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 Scott, A Y Scott, M Y Setzler Y Shaw Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R E Smith, T Smith, V Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Teilhet Y Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker 304 JOURNAL OF THE HOUSE On the passage of the Bills, the ayes were 138, nays 0. The Bills, having received the requisite constitutional majority, were passed. HB 1143. By Representative Porter of the 143rd: A BILL to be entitled an Act to amend an Act reconstituting the board of education of the City of Dublin, approved April 5, 1993 (Ga. L. 1993, p. 4970), as amended, so as to provide certain additional authority to the board with respect to real estate transactions; 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 Y Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman, B Coleman, T Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Epps Y Everson Fleming Y Floyd, H Floyd, J Y Fludd Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Hugley 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 Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Martin Y Maxwell May Y McCall E McClinton Y Meadows E Millar 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 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 Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R E Smith, T Y Smith, V Smyre Y Stanley-Turner Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix THURSDAY, FEBRUARY 2, 2006 305 Cooper Y Cox Henson Y Hill, C Y Manning Marin Y Royal Y Rynders Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Graves of the 12th 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 by the requisite constitutional majority the following resolutions of the Senate: SR 686. By Senator Schaefer of the 50th: A RESOLUTION designating the J. Alton Wingate, Sr., Memorial Parkway; and for other purposes. SR 761. By Senators Thomas of the 54th and Mullis of the 53rd: A RESOLUTION commending Cohutta First Baptist Church and congratulating it on its 100th anniversary; and for other purposes. SR 782. By Senators Johnson of the 1st, Williams of the 19th, Hill of the 4th, Douglas of the 17th, Harbison of the 15th and others: A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from Major General William G. Webster, Jr.; and for other purposes. The following members were recognized during the period of Morning Orders and addressed the House: Martin of the 47th, Murphy of the 120th, Williams of the 165th, Hugley of the 133rd, Geisinger of the 48th, Buckner of the 76th, Forster of the 3rd, Bridges of the 10th, and Jackson of the 161st. 306 JOURNAL OF THE HOUSE The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1197. By Representative Stephens of the 164th: A RESOLUTION commending Jackie R. Griffin, DPA and inviting him to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1230. By Representatives Cox of the 102nd, Walker of the 107th, Casas of the 103rd and Rice of the 51st: A RESOLUTION congratulating the Parkview High School wrestling team on winning the 2006 AAAAA State Duals Championship and inviting it members to appear before the House of Representatives; and for other purposes. HR 1231. By Representatives Cox of the 102nd, Coan of the 101st, Casas of the 103rd and Rice of the 51st: A RESOLUTION commending Parkview High School Coach Cecil Flowe and inviting him 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 Bills of the House were taken up for consideration and read the third time: HB 1080. By Representatives Golick of the 34th, Roberts of the 154th, Geisinger of the 48th, Freeman of the 140th, Chambers of the 81st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to qualified child and dependent care expenses; 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. THURSDAY, FEBRUARY 2, 2006 307 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 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 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 Y Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y 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 Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills 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 Randall Y Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stanley-Turner Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Graves of the 12th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The Speaker assumed the Chair. 308 JOURNAL OF THE HOUSE HB 1052. By Representatives Murphy of the 23rd, Rice of the 51st and Beasley-Teague of the 65th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for a distinguishable transporter license plate; to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers, so as to provide for definitions; 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 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for a distinguishable transporter license plate; to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers, so as to provide for 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. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-238, relating to registration and licensing of dealers, manufacturers, and persons transporting motor vehicles and mobile homes, in its entirety and inserting in its place the following: "40-2-38. (a)(1) Manufacturers, distributors, and dealers engaged in the manufacture, sale, or leasing of vehicles required to be registered under Code Section 40-2-20 shall register with the commissioner, making application for a distinguishing dealer's number, specifying the name and make of motor vehicle, tractor, or trailer manufactured, sold, or leased by them, upon forms prepared by the commissioner for such purposes, and pay therefor a fee of $62.00, which shall accompany such application. Upon payment of such fee by a dealer, the commissioner shall furnish to the dealer one master number plate to expire December 31 of each year, to be known as a dealer's number and to be distinguished from the number plates provided for in this chapter by different and distinguishing colors to be determined by the commissioner. The dealer plate for a franchise motor vehicle dealer shall be distinguishable from the dealer plate for a used car dealer and from the dealer plate for a motor vehicle wholesaler. A THURSDAY, FEBRUARY 2, 2006 309 dealer's number plate is for the purpose of demonstrating or transporting dealer's vehicles or trailers for sale or lease. Persons engaged in the business of transporting vehicles for a dealer under a vehicle's own power shall be permitted to use such dealer's plate for the purpose of transporting a vehicle. (1)(2) No dealer may use or permit to be used a dealer's number for private use or on cars for hire, for lease, or other manner not provided for in this Code section. A dealer may use or permit to be used a dealer's number for private use on vehicles owned by the dealership, regardless of whether such vehicle has been issued a certificate of title or registered, when such vehicles are operated by an employee or corporate officer of the dealer which has been issued such number. A distinguishing dealer's number used by an employee or officer for private use shall authorize such person to operate the vehicle to which the number is attached on the public highways and streets. For purposes of this paragraph, 'employee' means a person who works a minimum of 36 hours per week at the dealership. (2)(3) The manufacturer's or distributor's license plate is limited to no longer than six months use per vehicle. Upon payment of such a fee by a manufacturer or distributor, the commissioner shall issue to manufacturers and distributors number plates with the word 'Manufacturer' or 'Distributor' on such plates. Nothing in this subsection shall preclude a manufacturer or distributor from using a 'Manufacturer' or 'Distributor' number plate on motor vehicles it owns when such vehicles are used for evaluation or demonstration purposes, notwithstanding incidental personal use by a manufacturer or distributor. A dealer may apply for one or more distinguishing dealer's numbers. In the event the dealers, distributors, or manufacturers desire more than one tag, they shall so state on the application, and, in addition to the fee of $62.00 provided in this Code section, shall pay $12.00 for each and every additional number plate furnished. (b) Dealer plates shall be issued in the following manner: (1) Dealers shall be issued a master plate and two additional plates, for a total of three initial plates; and (2) In addition to the three dealer plates issued in accordance with paragraph (1) of this subsection, each dealer may also be issued one additional dealer plate for every 20 retail units sold in a calendar year. In order to determine the additional number and classification of plates to be issued to a dealer, a dealer shall be required to certify by affidavit to the department the number of retail and wholesale units sold in the prior calendar year using the past motor vehicle sales history of the dealer as identified by department records of documentation approved by the department. If no sales history is available, the department shall issue a number of plates based on an estimated number of sales for the coming calendar year. The department may, in its discretion, request documentation supporting sales history and may increase or decrease the number and classification of plates issued based on actual sales. (c) Persons engaged in the business of transporting mobile homes and house trailers for others shall likewise be entitled to obtain license plates under this Code section. The 310 JOURNAL OF THE HOUSE commissioner is authorized to promulgate rules and regulations covering the issuance of plates to such persons; provided, however, this Code section shall not apply in any manner to farm tractors. (d)(c) This Code section shall not apply in any manner to mopeds as such term is defined in Code Section 40-1-1. (e)(d) The license plates issued pursuant to this Code section shall be revoked and confiscated upon a determination after a hearing that such dealer, distributor, or manufacturer, or person engaged in transporting mobile homes and house trailers has unlawfully used such license plates in violation of this Code section. (f)(e) If a license plate issued pursuant to this Code section is lost or stolen, the dealer, manufacturer, distributor, or other party to whom the license plate was issued must immediately report the lost or stolen plate to local law enforcement agencies. If a replacement license plate is sought, the dealer, manufacturer, distributor, or other party to whom the license plate was issued shall file a notarized affidavit with the department requesting a replacement plate. Such affidavit shall certify under penalty of perjury that the license plate has been lost or stolen and that the loss has been reported to a local law enforcement agency." SECTION 2. Said article is further amended by inserting a new Code section immediately following Code Section 40-2-38, relating to registration and licensing of dealers, manufacturers, and persons transporting motor vehicles and mobile homes, to read as follows: "40-2-38.1. (a) A person engaged in the business of the limited operation of a motor vehicle for any of the following purposes may obtain a transporter plate authorizing the movement of the vehicle for the specific purpose: (1) To facilitate the delivery of new or used motor vehicles, trucks, or buses between manufacturers, distributors, dealers, sellers, or purchasers; (2) To move a mobile office, a mobile classroom, a mobile or manufactured home, or a house trailer; (3) To drive a motor vehicle that is part of the inventory of a dealer to and from a motor vehicle trade show or exhibition or to, during, and from a parade in which the motor vehicle is used; or (4) To drive special mobile equipment in any of the following circumstances: (A) From the manufacturer of the equipment to a facility of a dealer; or (B) From one facility of a dealer to another facility of a dealer. (b) This Code section shall not be construed to require a motor vehicle dealer to obtain transporter plates in order to transport vehicles for sale or lease. (c) A person may obtain a transporter plate by filing an application with the Department of Revenue and paying the required fee. The fee for an initial transporter plate shall be $62.00 and the fee for all additional plates shall be $12.00. An application for a transporter plate must be on a form provided by the department and THURSDAY, FEBRUARY 2, 2006 311 must contain the information required by the department. The department is authorized to promulgate regulations consistent with this Code section. (d) Transporter plates issued under this Code section shall be distinguishable from dealer, wholesaler, manufacturer, or distributor plates, as provided for in Code Section 40-2-38. (e) During the year for which it is issued, a person may transfer a transporter plate from one vehicle to another so long as the vehicle is driven only for a purpose authorized by subsection (a) of this Code section. In order to obtain a transporter plate, an applicant must demonstrate to the department compliance with all applicable federal and state laws. (f) The license plates issued pursuant to this Code section shall be revoked and confiscated upon a determination after a hearing that an applicant has unlawfully used such license plates for purposes other than those expressly permitted by this Code section. (g) If a license plate issued pursuant to this Code section is lost or stolen, the dealer, manufacturer, distributor, or other party to whom the license plate was issued must immediately report the lost or stolen plate to local law enforcement agencies. If a replacement license plate is sought, the dealer, manufacturer, distributor, or other party to whom the license plate was issued shall file a notarized affidavit with the department requesting a replacement plate. Such affidavit shall certify under penalty of perjury that the license plate has been lost or stolen and that the loss has been reported to a local law enforcement agency. (h) This Code section shall not in any way apply to farm tractors." SECTION 3. Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers, is amended in Code Section 43-47-2, relating to definitions relative to the Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act, by striking subparagraph (A) of paragraph (17) and inserting in lieu thereof a new subparagraph (A) and a new paragraph (19) to read as follows: "(17)(A) 'Used motor vehicle dealer,' 'used car dealer,' or 'licensee' means any person who, for commission or with intent to make a profit or gain of money or other thing of value, sells, exchanges, rents with option to purchase, offers, or attempts to negotiate a sale or exchange of an interest in used motor vehicles or who is engaged wholly or in part in the business of selling used motor vehicles, whether or not such motor vehicles are owned by such person. A motor vehicle wholesaler and a motor vehicle broker shall be deemed to be a used motor vehicle dealer or a used car dealer for the purposes of this chapter. Any independent motor vehicle leasing agency which sells or offers for sale used motor vehicles shall be deemed to be a used motor vehicle dealer or a used car dealer for the purposes of this chapter. Any motor vehicle auction company selling or offering for sale used motor vehicles to independent motor vehicle dealers or to individual consumers shall be deemed to 312 JOURNAL OF THE HOUSE be a used motor vehicle dealer or used car dealer for the purposes of this chapter except as otherwise provided in division (x) of subparagraph (B) of this paragraph. Without limiting any of the foregoing, the sale of five or more used motor vehicles in any one calendar year shall be prima-facie evidence that a person is engaged in the business of selling used motor vehicles. Financial institutions as used in this chapter shall not include a pawnbroker as defined in Code Section 44-12-130; provided, however, that a pawnbroker who disposes of all repossessed motor vehicles by selling or exchanging his or her interest in such motor vehicles only to licensees under this chapter shall not be considered a used motor vehicle dealer under this chapter as long as such pawnbroker does not otherwise engage in activities which would bring him or her under the licensing requirements of this chapter." "(19) 'Wholesaler' means a person who sells or distributes used motor vehicles to motor vehicle dealers in this state, has a sales representative in this state, or controls any person who offers for sale, sells, or distributes any used motor vehicles to motor vehicle dealers in this state." 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 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 Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills 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 Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R E Smith, T Y Smith, V Y Smyre THURSDAY, FEBRUARY 2, 2006 313 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 Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C 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 Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Stanley-Turner Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 594. By Representatives Maxwell of the 17th, Hembree of the 67th, Heckstall of the 62nd, Murphy of the 23rd and Randall of the 138th: A BILL to be entitled an Act to amend Code Section 17-6-30 of the Official Code of Georgia Annotated, relating to fees of sureties, so as to change the basis of the bondsmen's fees; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 17-6-30 of the Official Code of Georgia Annotated, relating to fees of sureties, so as to change the basis of the bondsmen's 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. Code Section 17-6-30 of the Official Code of Georgia Annotated, relating to fees of sureties, is amended by striking subsection (a) and inserting in lieu thereof the following: 314 JOURNAL OF THE HOUSE "(a) Sureties on criminal bonds in any court shall not charge or receive more than 12 percent of the principal amount of bonds face amount of the bond set in the amount of $10,000.00 or less, which amount includes the principal and all applicable surcharges, and shall not charge or receive more than 15 percent of the principal amount of bonds face amount of the bond set in an amount in excess of $10,000.00, which amount includes the principal and all applicable surcharges, as compensation from defendants or from anyone acting for defendants." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson N Anderson Y Ashe Y Barnard N Barnes Y Bearden N Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges N 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 Y Coleman, T Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J N Jones, S Y Jordan Y Keen Y Keown Kidd Y Knight Y Knox N Lakly Lane, B Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell N Morgan Y Morris Mosby 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 Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton N Teilhet Y Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R N Wix THURSDAY, FEBRUARY 2, 2006 315 Y Cooper Y Cox Henson Y Hill, C Y Manning Y Marin Y Royal Y Rynders Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 146, nays 12. 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 "aye" thereon. HB 1042. By Representatives Williams of the 4th, Dickson of the 6th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 48-7-33 of the Official Code of Georgia Annotated, relating to annual accounting periods, so as to provide for treatment of 52-53 week taxable years; to provide for powers, duties, and authority of the state revenue commissioner; 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 Y 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 Y 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 Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Gardner Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley 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 Martin Y Maxwell Y May Y McCall E McClinton Meadows E Millar Y Mills 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 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 E Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet 316 JOURNAL OF THE HOUSE Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Geisinger 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 Knox Y Lakly Y Lane, B Lane, R Y Lewis Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Marin 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 E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Lindsey of the 54th and Lucas of the 139th 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 692. By Representatives Black of the 174th, Hatfield of the 177th, Greene of the 149th, Sims of the 169th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to change certain provisions relating to terms and conditions of probation; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y James Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris 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 THURSDAY, FEBRUARY 2, 2006 317 Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree Y Henson Hill, C 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 Mangham Y Manning Y Marin 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 Smith, L Y Smith, P Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 161, nays 1. The Bill, having received the requisite constitutional majority, was passed. The following Resolution of the Senate was read and adopted: SR 782. By Senators Johnson of the 1st, Williams of the 19th, Hill of the 4th, Douglas of the 17th, Harbison of the 15th and others A RESOLUTION Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from Major General William G. Webster, Jr.; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Major General William G. Webster, Jr., Commanding General of the 3rd Infantry Division, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:30 A.M., Wednesday, February 8, 2006, in the hall of the House of Representatives. BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 11:15 A.M. on the aforesaid date for the purpose of hearing an address from General Webster. 318 JOURNAL OF THE HOUSE BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to General Webster. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1233. By Representatives McCall of the 30th, England of the 108th, Roberts of the 154th and Crawford of the 127th: A RESOLUTION recognizing and commending the Georgia Farm Bureau Federation and inviting its president to appear before the House of Representatives; and for other purposes. HR 1238. By Representatives Hembree of the 67th, Harbin of the 118th, Warren of the 122nd, Smith of the 113th, Howard, E. of the 121st and others: A RESOLUTION commending Kimberly Wilson, winner of the 2005 Georgia Occupational Award of Leadership, and inviting her to appear before the House of Representatives; and for other purposes. HR 1239. By Representatives Hembree of the 67th, Smith of the 168th, Shaw of the 176th, Smith of the 113th, Hatfield of the 177th and others: A RESOLUTION recognizing and commending Gerald Moody, winner of the 2005 Rick Perkins Award for Excellence in Technical Instruction, and inviting him to appear before the House of Representatives; and for other purposes. HR 1240. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Williams of the 89th, Reece of the 11th, Talton of the 145th and others: A RESOLUTION commending the students of 21st Century Leaders, recognizing "21st Century Leaders Day" at the Capitol, and inviting the Georgia House of Representatives to participate in 21st Century Leaders Day at the Capitol; and for other purposes. HR 1241. By Representatives Murphy of the 120th, Richardson of the 19th, Brooks of the 63rd, Williams of the 165th, Porter of the 143rd and others: A RESOLUTION expressing regret at the passing of State Representative Henry Howard and inviting his family to appear before the House of Representatives; and for other purposes. THURSDAY, FEBRUARY 2, 2006 319 The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, FEBRUARY 2, 2006 Mr. Speaker and Members of the House: Your Committee on Rules has met and submits the following supplemental to the calendar already adopted this February 02, 2006, by adding the following: DEBATE CALENDAR HB 1059 Sexual offenders; punishment; registration requirements; 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 Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time: HB 1059. By Representatives Keen of the 179th, Ralston of the 7th, Burkhalter of the 50th, Freeman of the 140th, Thomas of the 55th and others: A BILL to be entitled an Act to amend Titles 16, 17, 35, and 42 of the O.C.G.A., relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and areas where certain offenders can reside as it affects sexual offenders; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to reorganize and change provisions related to the State Sexual Offender Registry; to provide for other related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and withdrawn: A BILL 320 JOURNAL OF THE HOUSE To amend Titles 16, 17, 35, and 42 of the Official Code of Georgia Annotated, relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and residency requirements for sexual offenders; to provide for legislative findings; to change punishment provisions related to aggravated assault with the intent to rape; to change punishment provisions related to kidnapping; to change punishment provisions related to false imprisonment; to change punishment provisions related to rape; to change certain provisions relating to sodomy and aggravated sodomy; to provide for lesser punishment for certain sexual offenses committed by persons of certain ages; to change certain provisions relating to statutory rape; to change certain provisions relating to child molestation and aggravated child molestation; to change certain provisions relating to enticing a child for indecent purposes; to change certain provisions relating to persons convicted of sexual assault against persons in custody; to change certain provisions relating to incest; to change certain provisions relating to sexual battery; to change certain provisions relating to aggravated sexual battery; to allow for judicial discretion for mandatory minimum sentences under certain circumstances; to create a new crime involving withholding information concerning a sexual offender and provide for penalties; to change a provision relating to the fixing of a sentence by a judge; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to add a provision relating to statutory aggravating circumstances for the imposition of the death penalty; to require the Georgia Crime Information Center to collect certain data; to reorganize and change provisions related to the State Sexual Offender Registry; to change and add certain definitions; to change provisions relating to registration requirements for sexual offenders; to provide for an annual registration fee; to provide that sexual offenders register prior to release from prison; to require each sheriff to maintain and update a list of all sexual offenders residing in the county; to provide for duties and responsibilities for sheriffs, the Department of Corrections, the Georgia Bureau of Investigation, and sexual offenders; to require registered sexual offenders to verify required registration information with the sheriff whenever any changes occur to certain information and verify information at least annually within 72 hours of the sexual offender's birthday; to increase the duration for registration requirement; to require the sheriff to notify certain people and entities of the presence of sexual offenders in their community; to increase punishment for failure to comply with registration requirements; to change the appointing authority for the Sexual Offender Registration Review Board; to require the Sexual Offender Registration Review Board to classify sexual offenders; to require sexually dangerous predators to wear an electronic monitoring device for the balance of his or her life and to pay for such device; to require sexually dangerous predators to update required registration information twice yearly; to provide for employment restrictions for sexual offenders; to prohibit sexual offenders from loitering in certain locations; to correct cross-references; to change provisions relating to sexual THURSDAY, FEBRUARY 2, 2006 321 offenders conditions for parole; to change provisions relating to chemical treatment and counseling as a condition of parole for child molesters; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly finds and declares that recidivist sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Many sexual offenders are extremely likely to use physical violence and to repeat their offenses; and some sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. The General Assembly finds that this makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. The General Assembly further finds that the high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes: (1) Incarcerating sexual offenders and maintaining adequate facilities to ensure that decisions to release sexual predators into the community are not made on the basis of inadequate space; (2) Requiring the registration of sexual offenders, with a requirement that complete and accurate information be maintained and accessible for use by law enforcement authorities, communities, and the public; (3) Providing for community and public notification concerning the presence of sexual offenders; (4) Collecting data relative to sexual offenses and sexual offenders; (5) Requiring sexual predators who are released into the community to wear electronic monitoring devices for the rest of their natural life and to pay for such device; and (6) Prohibiting sexual predators from working with children, either for compensation or as a volunteer. The General Assembly further finds that the state has a compelling interest in protecting the public from sexual offenders and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual offenders to register and for requiring community and public notification of the presence of sexual offenders. The General Assembly declares that in order to protect the public, it is necessary that the sexual offenders be registered and that members of the community and the public be notified of a sexual offender's presence. The designation of a person as a sexual offender is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from the conviction of certain crimes. Likewise, the designation of a person as a sexual predator is neither a sentence nor a punishment but simply a regulatory 322 JOURNAL OF THE HOUSE mechanism and status resulting from findings by the Sexual Offender Registration Review Board and a court if requested by a sexual offender. SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking Code Section 16-5-21, relating to aggravated assault, and inserting in lieu thereof the following: "16-5-21. (a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or (3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. (b) Except as provided in subsections (c) through (i) (j) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. (e)(1) As used in this subsection, the term 'correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term 'correctional officer' shall also include county jail officers who are certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35. (2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. THURSDAY, FEBRUARY 2, 2006 323 (f.1) Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five years nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term 'vehicle' includes without limitation any railcar. (g) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years. (h) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (i) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years. (j) Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 1710-6.2." SECTION 3. Said title is further amended by striking Code Section 16-5-40, relating to kidnapping, and inserting in lieu thereof the following: "16-5-40. (a) A person commits the offense of kidnapping when he abducts or steals away any person without lawful authority or warrant and holds such person against his will. (b) A person convicted of the offense of kidnapping shall be punished by: (1) Imprisonment imprisonment for not less than ten nor more than 20 years, provided that a person convicted of the offense of kidnapping for ransom shall be punished by if the kidnapping involved a victim who was14 years of age or older; (2) Imprisonment for not less than 25 nor more than 50 years if the kidnapping involved a victim who is less than 14 years of age; (3) Life life imprisonment or by death and provided, further, that, if the person kidnapped shall have received bodily injury, the person convicted shall be punished by if the kidnapping was for ransom; or 324 JOURNAL OF THE HOUSE (4) Life life imprisonment or by death if the person kidnapped received bodily injury. (c) Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7." SECTION 4. Said title is further amended by striking Code Section 16-5-41, relating to false imprisonment, and inserting in lieu thereof the following: "16-5-41. (a) A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority. (b) A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than ten years. (c) Any person convicted under this Code section wherein the victim is not the child of the defendant and the victim is less than 14 years of age shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 5. Said title is further amended by striking Code Section 16-6-1, relating to rape, and inserting in lieu thereof the following: "16-6-1. (a) A person commits the offense of rape when he has carnal knowledge of: (1) A female forcibly and against her will; or (2) A female who is less than ten years of age. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape. (b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life without parole, by imprisonment for life, or by imprisonment for not less than ten 25 nor more than 20 50 years. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (c) When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence." SECTION 6. Said title is further amended by striking Code Section 16-6-2, relating to sodomy and aggravated sodomy, and inserting in lieu thereof the following: "16-6-2. THURSDAY, FEBRUARY 2, 2006 325 (a)(1) A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. (2) A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy. (b)(1) Except as provided in subsection (d) of this Code section, a A person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (2) A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by imprisonment for not less than ten 25 nor more than 30 50 years. Any person convicted under this Code section of the offense of aggravated sodomy shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (c) When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be financially responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence. (d) If the victim is 14 or 15 years of age and the person convicted of sodomy is no more than three years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 7. Said title is further amended by striking Code Section 16-6-3, relating to statutory rape, and inserting in lieu thereof the following: "16-6-3. (a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim. (b) Except as provided in subsection (c) of this Code section, a A person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years; provided, further, that if. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. 326 JOURNAL OF THE HOUSE (c) If the victim is 14 or 15 years of age and the person so convicted is no more than three years older than the victim, such person shall be guilty of a misdemeanor." SECTION 8. Said title is further amended by striking Code Section 16-6-4, relating to child molestation and aggravated child molestation, and inserting in lieu thereof the following: "16-6-4. (a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person. (b)(1) Except as provided in paragraph (2) of this subsection, a A person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon such first conviction of the offense of child molestation, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he or she shall sentence the defendant to imprisonment; provided, further, that upon a defendant's Upon a defendant being incarcerated on a conviction for such a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon Upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment. Adjudication of guilt or imposition of sentence for a conviction of a second or subsequent offense of child molestation, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld. (2) If the victim is 14 or 15 years of age and the person convicted of the offense of child molestation is no more than three years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child, or involves an act of sodomy. (d)(1) Except as provided in paragraph (2) of this subsection, a A person convicted of the offense of aggravated child molestation shall be punished by imprisonment for not less than ten 25 nor more than 30 50 years. Any person convicted under this Code section of the offense of aggravated child molestation shall, in addition, and shall be THURSDAY, FEBRUARY 2, 2006 327 subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (2) A person convicted of the offense of aggravated child molestation when: (A) The victim is 14 or 15 years of age; (B) The person so convicted is no more than three years older than the victim; and (C) The basis of the charge of aggravated child molestation involves an act of sodomy shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1. (2) The court sentencing a person who has been convicted of a first offense of aggravated child molestation when the victim is 16 years of age or younger at the time of the offense is authorized to require, before sentencing, that the defendant undergo a psychiatric evaluation to ascertain whether or not medroxyprogesterone acetate chemical treatment or its equivalent would be effective in changing the defendant's behavior. If it is determined by a qualified mental health professional that such treatment would be effective, the court may require, as a condition of probation and upon provisions arranged between the court and the defendant, the defendant to undergo medroxyprogesterone acetate treatment or its chemical equivalent which must be coupled with treatment by a qualified mental health professional. In case of a person sentenced to probation who is required to undergo such treatment or its chemical equivalent and is in the custody of a law enforcement agency or confined in a jail at the time of sentencing, when he or she becomes eligible for probation, such person shall begin medroxyprogesterone acetate treatment and counseling prior to his or her release from custody or confinement. A person sentenced to probation who is required to undergo such treatment and who is not in the custody of a law enforcement agency or confined in a jail at the time of sentencing shall be taken into custody or confined until treatment can begin. Additional treatment may continue after such defendant's release from custody or confinement until the defendant demonstrates to the court that such treatment is no longer necessary. No such treatment shall be administered until such person has been fully informed of the side effects of hormonal chemical treatment and has consented to the treatment in writing. The administration of the treatment shall conform to the procedures and conditions set out in subsection (c) of Code Section 42-9-44.2. (3) Any physician or qualified mental health professional who acts in good faith in compliance with the provisions of this Code section and subsection (c) of Code Section 42-9-44.2 in the administration of treatment or provision of counseling provided for in this Code section shall be immune from civil or criminal liability for his or her actions in connection with such treatment or counseling." SECTION 9. Said title is further amended by striking Code Section 16-6-5, relating to enticing a child for indecent purposes, and inserting in lieu thereof the following: "16-6-5. 328 JOURNAL OF THE HOUSE (a) A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts. (b) A person convicted of the offense of enticing a child for indecent purposes shall be punished by imprisonment for not less than one ten nor more than 20 30 years. Any person convicted under this Code section of the offense of enticing a child for indecent purposes shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. Upon a first conviction of the offense of enticing a child for indecent purposes, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he shall sentence the defendant to imprisonment. Upon a second or third conviction of such offense, the defendant shall be punished by imprisonment for not less than five years. For a fourth or subsequent conviction of the offense of enticing a child for indecent purposes, the defendant shall be punished by imprisonment for 20 years. Adjudication of guilt or imposition of sentence for a conviction of a third, fourth, or subsequent offense of enticing a child for indecent purposes, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld." SECTION 10. Said title is further amended by striking Code Section 16-6-5.1, relating to sexual assault against persons in custody, and inserting in lieu thereof the following: "16-6-5.1. (a) As used in this Code section, the term: (1) 'Actor' means a person accused of sexual assault. (2) 'Intimate parts' means the genital area, groin, inner thighs, buttocks, or breasts of a person. (3) 'Psychotherapy' means the professional treatment or counseling of a mental or emotional illness, symptom, or condition. (4) 'Sexual contact' means any contact between for the purpose of sexual gratification of the actor and a person not married to the actor involving with the intimate parts of a person not married to the actor either person for the purpose of sexual gratification of the actor. (b) A probation or parole officer or other custodian or supervisor of another person referred to in this Code section commits sexual assault when he or she engages in sexual contact with another person who is a probationer or parolee under the supervision of said probation or parole officer or who is in the custody of law or who is enrolled in a school or who is detained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than one ten nor more than three 30 years; provided, however, that any person convicted of the offense of sexual assault under this subsection of a child under the age of 14 years THURSDAY, FEBRUARY 2, 2006 329 shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 1710-6.2. (c)(1) A person commits sexual assault when such person has supervisory or disciplinary authority over another person and such person engages in sexual contact with that other person who is: (A) In the custody of law; or (B) Detained in or is a patient in a hospital or other institution. (2) A person commits sexual assault when, as an actual or purported practitioner of psychotherapy, he or she engages in sexual contact with another person who the actor knew or should have known is the subject of the actor's actual or purported treatment or counseling, or, if the treatment or counseling relationship was used to facilitate sexual contact between the actor and said person. (3) Consent of the victim shall not be a defense to a prosecution under this subsection. (4) A person convicted of sexual assault under this subsection shall be punished by imprisonment for not less than one ten nor more than three 30 years; provided, however, that any person convicted of the offense of sexual assault under this subsection of a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (d) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, commits sexual assault when such person engages in sexual contact with another person who has been admitted to or is receiving services from such facility, person, or entity. A person convicted of sexual assault pursuant to this subsection shall be punished by imprisonment for not less than one ten nor more than five 30 years, or a fine of not more than $5,000.00, or both. Any violation of this subsection shall constitute a separate offense. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 11. Said title is further amended by striking Code Section 16-6-22, relating to incest, and inserting in lieu thereof the following: "16-6-22. (a) A person commits the offense of incest when he or she engages in sexual intercourse with a person to whom he or she knows he or she is related either by blood or by marriage as follows: 330 JOURNAL OF THE HOUSE (1) Father and daughter or stepdaughter; (2) Mother and son or stepson; (3) Brother and sister of the whole blood or of the half blood; (4) Grandparent and grandchild; (5) Aunt and nephew; or (6) Uncle and niece. (b) A person convicted of the offense of incest shall be punished by imprisonment for not less than one ten nor more than 20 30 years; provided, however, that any person convicted of the offense of incest under this subsection with a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this Code section of the offense of incest shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 12. Said title is further amended by striking Code Section 16-6-22.1, relating to sexual battery, and inserting in lieu thereof the following: "16-6-22.1. (a) For the purposes of this Code section, the term 'intimate parts' means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female. (b) A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person. (c) Except as otherwise provided in this Code section, a person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature. (d) A person convicted of the offense of sexual battery against any child under the age of 16 years shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (e) Upon a second or subsequent conviction under this Code section, a person shall, in addition, be subject to the sentencing and punishment provisions of Code Section 1710-6.2." SECTION 13. Said title is further amended by striking Code Section 16-6-22.2, relating to aggravated sexual battery, and inserting in lieu thereof the following: "16-6-22.2. (a) For the purposes of this Code section, the term 'foreign object' means any article or instrument other than the sexual organ of a person. (b) A person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person. THURSDAY, FEBRUARY 2, 2006 331 (c) A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for not less than ten 25 nor more than 20 50 years. Any person convicted under this Code section shall, in addition, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7." SECTION 14. Said title is further amended by inserting at the end thereof a new Code Section 16-6-25 to read as follows: "16-6-25. (a) As used in this Code section, the term 'law enforcement unit' means any agency, organ, or department of this state, or a subdivision or municipality thereof, whose primary functions include the enforcement of criminal or traffic laws; the preservation of public order; the protection of life and property; or the prevention, detection, or investigation of crime. Such term shall also include the Department of Corrections and the State Board of Pardons and Paroles. (b) Any person who knows or reasonably believes that a sexual offender, as defined in Code Section 42-1-12, is not complying, or has not complied, with the requirements of Code Section 42-1-12 and who, with the intent to assist such sexual offender in eluding a law enforcement unit that is seeking such sexual offender to question him or her about, or to arrest him or her for, his or her noncompliance with the requirements of Code Section 42-1-12: (1) Harbors, attempts to harbor, or assists another person in harboring or attempting harbor such sexual offender; (2) Conceals, attempts to conceal, or assists another person in concealing or attempting to conceal such sexual offender; or (3) Provides information to the law enforcement unit regarding such sexual offender which the person knows to be false information commits a felony and shall be punished by imprisonment for not less than five nor more than 20 years." SECTION 15. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking paragraph (1) of subsection (a) of Code Section 17-10-1, relating to the fixing of a sentence, and inserting in lieu thereof the following: "(a)(1) Except in cases in which life imprisonment, life without parole, or the death penalty may be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be within the minimum and maximum sentences prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, including service of a probated sentence in the sentencing options system, as provided by Article 9 of Chapter 8 of Title 42, and 332 JOURNAL OF THE HOUSE including the authority to revoke the suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court, even before the probationary period has begun, subject to the conditions set out in this subsection; provided, however, that such action shall be subject to the provisions of Code Section Sections 17-10-6.1 and 17-10-6.2." SECTION 16. Said title is further amended by striking Code Section 17-10-6.1, relating to punishment for serious violent offenders, and inserting in lieu thereof the following: "17-10-6.1. (a) As used in this Code section, the term 'serious violent felony' means: (1) Murder or felony murder, as defined in Code Section 16-5-1; (2) Armed robbery, as defined in Code Section 16-8-41; (3) Kidnapping, as defined in Code Section 16-5-40; (4) Rape, as defined in Code Section 16-6-1; (5) Aggravated child molestation, as defined in subsection (c) of Code Section 16-64, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4; (6) Aggravated sodomy, as defined in Code Section 16-6-2; or (7) Aggravated sexual battery, as defined in Code Section 16-6-22.2. (b)(1) Notwithstanding any other provisions of law to the contrary, any person convicted of a the serious violent felony as defined in paragraphs (2) through (7) of subsection (a) of this Code section of kidnapping involving a victim who is 14 years of age or older or armed robbery shall be sentenced to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. (2) Notwithstanding any other provisions of law to the contrary, any person convicted of the serious violent felony of: (A) Kidnapping involving a victim who is less than 14 years of age; (B) Rape; (C) Aggravated child molestation, as defined in subsection (c) of Code Section 166-4, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4; (D) Aggravated sodomy, as defined in Code Section 16-6-2; or (E) Aggravated sexual battery, as defined in Code Section 16-6-22.2 shall be sentenced to a split sentence which shall include a mandatory minimum term of imprisonment of 25 years followed by probation for the remainder of the person's natural life. No portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. THURSDAY, FEBRUARY 2, 2006 333 (3) No person convicted of a serious violent felony as defined in subsection (a) of this Code section shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation for first offenders, or any other provision of Georgia law relating to the sentencing of first offenders. The State of Georgia shall have the right to appeal any sentence which is imposed by the superior court which does not conform to the provisions of this subsection in the same manner as is provided for other appeals by the state in accordance with Chapter 7 of Title 5, relating to appeals or certiorari by the state. (c)(1) Except as otherwise provided in subsection (c) of Code Section 42-9-39, for a first conviction of a serious violent felony in which the defendant has been sentenced to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 14 20 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections. (2) For a first conviction of a serious violent felony in which the defendant has been sentenced to death but the sentence of death has been commuted to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 25 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections. (3) Any sentence imposed for the first conviction of any serious violent felony other than a sentence of life imprisonment or life without parole or death shall be served in its entirety as imposed by the sentencing court and shall not be reduced by any form of parole or early release administered by the State Board of Pardons and Paroles or by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court. (d) For purposes of this Code section, a first conviction of any serious violent felony means that the person has never been convicted of a serious violent felony under the laws of this state or of an offense under the laws of any other state or of the United States, which offense if committed in this state would be a serious violent felony. Conviction of two or more crimes charged on separate counts of one indictment or accusation, or in two or more indictments or accusations consolidated for trial, shall be deemed to be only one conviction." SECTION 17. Said title is further amended by adding a new Code section to follow Code Section 1710-6.1, relating to punishment for serious violent offenders, to read as follows: "17-10-6.2. 334 JOURNAL OF THE HOUSE (a) As used in this Code section, the term 'sexual offense' means: (1) Aggravated assault with the intent to rape, as defined in Code Section 16-5-21; (2) False imprisonment, as defined in Code Section 16-5-41, if the victim is not the child of the defendant and the victim is less than 14 years of age; (3) Sodomy, as defined in Code Section 16-6-2, unless subject to the provisions of subsection (d) of Code Section 16-6-2; (4) Statutory rape, as defined in Code Section 16-6-3, if the person convicted of the crime is 21 years of age or older; (5) Child molestation, as defined in subsection (a) of Code Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (b) of Code Section 16-6-4; (6) Enticing a child for indecent purposes, as defined in Code Section 16-6-5; (7) Sexual assault against persons in custody, as defined in Code Section 16-6-5.1; (8) Incest, as defined in Code Section 16-6-22; (9) A second or subsequent conviction for sexual battery, as defined in Code Section 16-6-22.1; or (10) Sexual exploitation of children, as defined in Code Section 16-12-100. (b) Except as provided in subsection (c) of this Code section, and notwithstanding any other provisions of law to the contrary, any person convicted of a sexual offense shall be sentenced to a split sentence which shall include the minimum term of imprisonment specified in the Code section applicable to the offense. No portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and such sentence shall include, in addition to the mandatory imprisonment, an additional probated sentence of at least one year. No person convicted of a sexual offense, except, in the court's discretion, a person who is less than 21 years of age at the time of the offense, shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation for first offenders, or any other provision of Georgia law relating to the sentencing of first offenders. (c)(1) In the court's discretion, the court may deviate from the mandatory minimum sentence as set forth in subsection (b) of this Code section, or any portion thereof, provided that: (A) The defendant has no prior conviction of an offense prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16; (B) The defendant did not use a deadly weapon or any object, device, or instrument which when used offensively against a person would be likely to or actually did result in serious bodily injury during the commission of the offense; (C) The court has not found evidence of a relevant similar transaction; (D) The victim did not suffer any physical harm or visible bodily harm during the commission of the offense; (E) The offense did not involve transportation of the victim; and (F) The victim was not physically restrained during the commission of the offense. THURSDAY, FEBRUARY 2, 2006 335 (2) If the court deviates in sentencing pursuant to this subsection, the judge shall issue a written order setting forth the judge's reasons. (d) If the court imposes a probated sentence, the defendant shall submit to review by the Sexual Offender Registration Review Board for purposes of risk assessment classification within ten days of being sentenced and shall otherwise comply with Article 2 of Chapter 1 of Title 42." SECTION 18. Said title is further amended in subsection (b) of Code Section 17-10-30, relating to the procedure for implementation of the death penalty generally, by striking "or" at the end of paragraph (9), by adding "; or" at the end of paragraph (10), and by adding a new paragraph (11) to read as follows: "(11) The offense of murder, rape, or kidnapping was committed by a person previously designated as a sexually dangerous predator pursuant to Code Section 421-14." SECTION 19. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking subparagraph (A) of paragraph (4) of Code Section 35-3-30, relating to definitions used for the Georgia Crime Information Center article, and inserting in lieu thereof the following: "(A) 'Criminal history record information' means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, accusations, information, or other formal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release. Such term also includes the age and sex of each victim as provided by criminal justice agencies. The term does not include identification information, such as fingerprint records, to the extent that such information does not indicate involvement of the individual in the criminal justice system." SECTION 20. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by designating Code Sections 42-1-1 through 42-1-11 as Article 1 of Chapter 1, striking in their entirety Code Sections 42-1-12 and 42-1-13, and inserting in their place a new Article 2 to read as follows: "ARTICLE 2 42-1-12. (a) As used in this article, the term: (1) 'Address' means the street or route address of the sexual offender's residence. For purposes of this Code section, the term does not mean a post office box, and homeless does not constitute an address. 336 JOURNAL OF THE HOUSE (2) 'Appropriate official' means: (A) With respect to a sexual 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 a sexual 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; (C) With respect to a sexual 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 a sexual offender who is placed on probation through a private probation agency, the director of the private probation agency or his or her designee. (3) 'Area where minors congregate' shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, bus stops, and all other places established for the public to congregate and wait for public transportation. (4) 'Assessment criteria' means the tests that the board members use to determine the likelihood that a sexual offender will commit another criminal offense against a victim who is a minor or commit a dangerous sexual offense. (5) 'Board' means the Sexual Offender Registration Review Board. (6) 'Child care facility' means all public and private pre-kindergarten facilities, daycare centers, preschool facilities, and long-term care facilities for children. (7) 'Church' means a place of public religious worship. (8) '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 defendant's 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 defendant's discharge. (9)(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; THURSDAY, FEBRUARY 2, 2006 337 (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 minor's 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. (10)(A) 'Dangerous sexual offense' with respect to convictions occurring after June 30, 2006, means any criminal offense under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-5-2; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) False imprisonment in violation of Code Section 16-5-41 which involves a victim who is less than 14 years of age, except by a parent; (iv) Rape in violation of Code Section 16-6-1; (v) Sodomy in violation of Code Section 16-6-2; (vi) Aggravated sodomy in violation of Code Section 16-6-2; (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (viii) Child molestation in violation of Code Section 16-6-4; 338 JOURNAL OF THE HOUSE (ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense; (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xi) Sexual assault against persons in custody in violation of Code Section 16-65.1; (xii) Incest in violation of Code Section 16-6-22; (xiii) A second conviction for sexual battery in violation of Code Section 16-622.1; (xiv) Aggravated sexual battery in violation of Code Section 16-6-23; (xv) Sexual exploitation of children in violation of Code Section 16-12-100; (xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1; (xvii) Computer pornography and child exploitation prevention in violation of Code Section 16-12-100.2; (xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or (xix) Any conduct which, by its nature, is a sexual offense against a minor or an attempt to commit a sexual offense against a minor. (B) For purposes of this paragraph, conduct which is punished as for a misdemeanor or which is prosecuted in juvenile court shall not be considered a dangerous sexual offense. (11) 'Institution of higher education' means a private or public community college, state university, state college, or independent postsecondary institution. (12) 'Level I risk assessment classification' means the sexual offender is a low sex offense risk and low general recidivism risk. (13) 'Level II risk assessment classification' means the sexual offender is an intermediate sex offense risk and intermediate general recidivism risk and includes all sexual offenders who do not meet the criteria for classification either as a sexually dangerous predator or for Level I risk assessment. (14) 'Minor' means any individual under the age of 18 years and any individual that the sexual offender believed at the time of the offense was under the age of 18 years if such individual was the victim of an offense. (15) 'Required registration information' means: (A) Name; social security number; age; race; sex; date of birth; height; weight; hair color, eye color, fingerprints; and photograph; (B) Address of any permanent residence and address of any current temporary residence, within the state or out of state, and, if applicable in addition to the address, a rural route address and a post office box; (C) If the place of residence is a motor vehicle or trailer, provide the vehicle identification number, the license tag number, and a description, including color scheme, of the motor vehicle or trailer; (D) If the place of residence is a mobile home, provide the mobile home location permit number; the name and address of the owner of the home; a description, THURSDAY, FEBRUARY 2, 2006 339 including the color scheme of the mobile home; and, if applicable, a description of where the mobile home is located on the property; (E) If the place of residence is a manufactured home, provide the title number assigned to the home; the name and address of the owner of the home; a description, including the color scheme of the manufactured home; and, if applicable, a description of where the manufactured home is located on the property. (F) If the place of residence is a vessel, live-aboard vessel, or houseboat, provide the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat; (G) Date of employment, place of any employment, and address of employer; (H) Place of vocation and address of the place of vocation; (I) Vehicle make, model, color, and license tag number; (J) If enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the name, address, and county of each institution, including each campus attended, and enrollment or employment status; and (K) The name of the crime or crimes for which the sexual offender is registering and the date released from prison or placed on probation, parole, or supervised release. (16) 'Risk assessment classification' means the notification level into which a sexual offender is placed based on the board's assessment. (17) 'School' means all public and private kindergarten, elementary, and secondary schools. (18) 'Sexual offender' means any individual: (A) Who has been convicted of a criminal offense against a victim who is a minor or any dangerous sexual offense; or (B) Who has been 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 criminal offense against a victim who is a minor or a dangerous sexual offense. (19) 'Sexually dangerous predator' means a sexual offender: (A) Who was designated as a sexually violent offender between July 1, 1996, and June 30, 2006; or (B) Who has been convicted on or after July 1, 2006, of a dangerous sexual offense; and who is determined by the Sexual Offender Registration Review Board to be at risk of perpetrating any future dangerous sexual offense. (20) 'Vocation' means any 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) Before a sexual offender who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate official shall: 340 JOURNAL OF THE HOUSE (1) Inform the sexual offender of the obligation to register, the amount of the registration fee, and how to maintain registration; (2) Obtain the information necessary for the required registration information; (3) Inform the sexual offender that, if the sexual offender changes any of the required registration information, other than residence address, the sexual offender shall give the new information to the sheriff of the county with whom the sexual offender is registered within 72 hours of the change of information; if the information is the sexual offender's new residence address, the sexual offender shall give the information to the sheriff of the county with whom the sexual offender last registered not sooner than 72 hours before moving and to the sheriff of the county to which the sexual offender is moving not later than 72 hours after the change of information; (4) Inform the sexual offender that he or she shall also register in any state where he or she is employed, carries on a vocation, or is a student; (5) Inform the sexual offender that, if he or she changes residence to another state, the sexual offender shall register the new address with the sheriff of the county with whom the sexual offender last registered, and that the sexual offender shall also register with a designated law enforcement agency in the new state not later than 72 hours after establishing residence in the new state; (6) Obtain fingerprints and a current photograph of the sexual offender; (7) Require the sexual offender to read and sign a form stating that the obligations of the sexual offender have been explained; (8) Obtain and forward any information obtained from the clerk of court pursuant to Code Section 42-5-50 to the sheriff's office of the county in which the sexual offender will reside; and (9) If required by Code Section 42-1-14, place any required electronic monitoring device on the sexually dangerous predator and explain its operation and cost. (c) The Department of Corrections shall: (1) Forward to the Georgia Bureau of Investigation a copy of the form stating that the obligations of the sexual offender have been explained; (2) Forward any required registration information to the Georgia Bureau of Investigation; (3) Forward the sexual offender's fingerprints and photograph to the sheriff's office of the county where the sexual offender is going to reside; (4) Inform the board and the prosecuting attorney for the jurisdiction in which a sexual offender was convicted of the impending release of a sexual offender at least eight months prior to such release so as to facilitate compliance with Code Section 421-14; and (5) Keep all records of sexual offenders in a secure facility until official proof of death of a registered sexual offender and thereafter the records shall be destroyed in accordance with Code Sections 15-1-10, 15-6-62, and 15-6-62.1. (d) No sexual offender shall be released from prison or placed on parole, supervised release, or probation until: THURSDAY, FEBRUARY 2, 2006 341 (1) The appropriate official has provided the Georgia Bureau of Investigation and the sheriff's office in the county where the sexual offender will be residing with the sexual offender's required registration information and risk assessment classification level; and (2) The sexual offender's name has been added to the list of sexual offenders maintained by the Georgia Bureau of Investigation and the sheriff's office as required by this Code section. (e) Registration pursuant to this Code section shall be required by any individual who: (1) Is convicted on or after July 1, 1996, of a criminal offense against a victim who is a minor; (2) Is convicted on or after July 1, 2006, of a dangerous sexual offense; (3) Has previously been convicted of a criminal offense against a minor and may be released from prison or placed on parole, supervised release, or probation on or after July 1, 1996; (4) Has previously been convicted of a sexually violent offense and may be released from prison or placed on parole, supervised release, or probation; (5) Is a resident of Georgia who intends to reside in this state and who is convicted under the laws of another state or the United States, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense, a criminal offense against a victim who is a minor on or after July 1, 1999, or a dangerous sexual offense on or after July 1, 2006; (6) Is a nonresident sexual offender who changes residence from another state or territory of the United States to Georgia who is required to register as a sexual offender under federal law, military law, tribal law, or the laws of another state or territory, regardless of when the conviction occurred; (7) Is a nonresident sexual offender 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 regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory; or (8) Is a nonresident sexual offender who enters this state for the purpose of attending school as a full-time or part-time student regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory. (f) Any sexual offender required to register under this Code section shall: (1) Provide the required registration information to the appropriate official before being released from prison or placed on parole, supervised release, or probation; (2) Register with the sheriff of the county in which the sexual offender resides within 72 hours after the sexual offender's release from prison or placement on parole, supervised release, probation, or entry into this state; (3) Maintain the required registration information with the sheriff of the county in which the sexual offender resides; 342 JOURNAL OF THE HOUSE (4) Renew the required registration information with the sheriff of the county in which the sexual offender resides by reporting to the sheriff within 72 hours of such offender's birthday each year to be photographed and fingerprinted; (5) Update the required registration information with the sheriff of the county in which the sexual offender resides within 72 hours of any change to the required registration information, other than residence address; if the information is the sexual offender's new residence address, the sexual offender shall give the information to the sheriff of the county with whom the sexual offender last registered no sooner than 72 hours before any change of residence address and to the sheriff of the county to which the sexual offender is moving; (6) If convicted of a dangerous sexual offense on or after July 1, 2006, pay to the sheriff of the county where the sexual offender resides an annual registration fee of $250.00 upon each anniversary of such registration; and (7) Continue to comply with the registration requirements of this Code section for the entire life of the sexual offender, including ensuing periods of incarceration. (g)(1) The appropriate official or sheriff shall, within 72 hours after receipt of the required registration information, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the Criminal Justice Information System by the appropriate official or sheriff, the Georgia Crime Information Center shall notify the sheriff of the sexual offender's county of residence, either permanent or temporary, the sheriff of the county of employment, and the sheriff of the county where the sexual offender attends an institution of higher education within 24 hours of entering the data or any change to the data. (2) The Georgia Bureau of Investigation shall: (A) Transmit all information, including the conviction data and fingerprints, to the Federal Bureau of Investigation within 24 hours of entering the data; (B) Establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation; and (C) Perform mail out and verification duties as follows: (i) Send each month Criminal Justice Information System network messages to sheriffs listing sexual offenders due for verification; (ii) Create a photo image file from original entries and provide such entries to sheriffs to assist in sexual offender identification and verification; (iii) Mail a nonforwardable verification form to the last reported address of the sexual offender prior to the sexual offender's birthday; (iv) If the sexual offender changes residence to another state, notify the law enforcement agency with which the sexual offender shall register in the new state; and (v) Maintain records required under this Code section. (h) The sheriff's office in each county shall: (1) Prepare and maintain a list of all sexual offenders and sexually dangerous predators residing in each county. Such list shall include the sexual offender's name; age; physical description; address; crime of conviction, including conviction date and THURSDAY, FEBRUARY 2, 2006 343 the jurisdiction of the conviction; photograph; and the risk assessment classification level provided by the board, and an explanation of how the board classifies sexual offenders and sexually dangerous predators; (2) Electronically submit and update all information provided by the sexual offender within two working days to the Georgia Bureau of Investigation in a manner prescribed by the Georgia Bureau of Investigation; (3) Maintain and post a list of every sexual offender residing in each county: (A) In the sheriff's office; (B) In any county administrative building; (C) In the main administrative building for any municipal corporation; (D) In the office of the clerk of the superior court so that such list is available to the public; and (E) On a website maintained by the sheriff of the county for the posting of general information; (4) Update the public notices required by paragraph (3) of this Code section within two working days; (5) Inform the public of the presence of sexual offenders in each community; (6) Update the list of sexual offenders residing in the county upon receipt of new information affecting the residence address of a sexual offender or upon the registration of a sexual offender moving into the county by virtue of release from prison, relocation from another county, conviction in another state, federal court, military tribunal, or tribal court. Such list, and any additions to such list, shall be delivered immediately to all schools or institutions of higher education located in the county; (7) Within 72 hours of the receipt of changed required registration information, notify the Georgia Bureau of Investigation through the Criminal Justice Information System of each change of information; (8) Retain the verification form stating that the sexual offender still resides at the address last reported; (9) Enforce the criminal provisions of this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation to enforce the provisions of this Code section; (10) Cooperate and communicate with other sheriffs offices in this state and in the United States to maintain current data on the location of sexual offenders; (11) Determine the appropriate time of day for reporting by sexual offenders, which shall be consistent with the reporting requirements of this Code section; (12) If required by Code Section 42-1-14, place any electronic monitoring device on the sexually dangerous predator and explain its operation and cost; (13) Provide current information on names and addresses of all registered sexual offenders to campus police with jurisdiction for the campus of an institution of higher education if the campus is within the sheriff's jurisdiction; and (14) Collect the annual $250.00 registration fee from the sexual offender and transmit such fees to the state for deposit into the General Fund. 344 JOURNAL OF THE HOUSE (i)(1) The sheriff of the county where the sexual offender resides or last registered shall be the primary law enforcement official charged with communicating the whereabouts of the sexual offender and any changes in required registration information to the sheriff's office of the county or counties where the sexual offender is employed, volunteers, attends an institution of higher education, or moves. (2) The sheriff's office may post the list of sexual offenders in any public building in addition to those locations enumerated in subsection (h) of this Code section. (j) The Georgia Crime Information Center shall create the Criminal Justice Information System network transaction screens by which appropriate officials shall enter original data required by this Code section. Screens shall also be created for sheriffs offices for the entry of record confirmation data; employment; changes of residence, institutions of higher education, or employment; or other pertinent data to assist in sexual offender identification. (k)(1) On at least 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 school in this state. In addition, the Department of Education shall provide information to each school in this state on accessing and retrieving from the Georgia Bureau of Investigation's website a list of the names and addresses of all registered sexual offenders. (2) On at least an annual basis, the Department of Early Care and Learning shall provide current information to all child care programs regulated pursuant to Code Section 20-1A-10 on accessing and retrieving from the Georgia Bureau of Investigation's 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, commissioning, or registration for early care and education programs. (3) On at least an annual basis, the Department of Human Resources shall provide current information to all day-care, group day-care, and family day-care programs regulated pursuant to Code Section 49-5-12 and to all long-term facilities for children on accessing and retrieving from the Georgia Bureau of Investigation's website a list of the names and addresses of all registered sexual offenders. (l) Within ten days of the filing of a defendant's 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. (m) Any individual who: (1) Is required to register under this Code section and who fails to comply with the requirements of this Code section; (2) Provides false information; or (3) Fails to respond directly to the sheriff within 72 hours of such individual's birthday THURSDAY, FEBRUARY 2, 2006 345 shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that upon the conviction of the second offense under this subsection, the defendant shall be punished by imprisonment for life. (n) The information collected pursuant to this Code section 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; and (3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall, in addition to the requirements of this Code section to inform the public of the presence of sexual offenders in each community, release such other relevant information collected under this Code section that is necessary to protect the public concerning sexual offenders 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. (o) 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. (p) Law enforcement agencies, employees of law enforcement agencies, and state officials shall be immune from liability for good faith conduct under this article. 42-1-13. (a) 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 the board shall be appointed by the commissioner of human resources for terms of four years. On and after July 1, 2006, successors to the members of the board shall be appointed by the Governor. 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. (b) The board shall be attached to the Department of Human Resources for administrative purposes and, provided there is adequate funding, shall: 346 JOURNAL OF THE HOUSE (1) Exercise its quasi-judicial, rule-making, or policy-making functions independently of the department and without approval or control of the department; (2) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and (3) 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. (c) Members of the board shall be immune from liability for good faith conduct under this article. 42-1-14. (a) The board shall determine the likelihood that a sexual offender will engage in another crime against a victim who is a minor or a dangerous sexual offense. The board shall make such determination for any sexual offender convicted on or after July 1, 2006, of a criminal act against a minor or a dangerous sexual offense and for any sexual offender incarcerated on July 1, 2006, but convicted prior to July 1, 2006, of a criminal act against a minor. Such determination shall not be required to be made by the board until January 1, 2007; provided, however, that such persons shall be subject to this Code section. A sexual offender shall be placed into Level I risk assessment classification, Level II risk assessment classification, or sexually dangerous predator classification based upon the board's assessment criteria and information obtained and reviewed by the board. The sexual offender may provide the board with information including, but not limited to, psychological evaluations, sexual history polygraph information, treatment history, personal, social, educational, and work history, and may agree to submit to a psychosexual evaluation or sexual history polygraph conducted by the board. If the sexual offender has undergone treatment through the Department of Corrections, such treatment records shall also be submitted to the board for evaluation. The prosecuting attorney shall provide the board with any information available to assist the board in rendering an opinion, including, but not limited to, criminal history and records related to previous criminal history. On and after July 1, 2006, the clerk of court shall send a copy of the sexual offender's conviction to the board and notify the board that a sexual offender's evaluation will need to be performed. The board shall render its recommendation for risk assessment classification within: (1) Sixty days of receipt of a request for an evaluation if the sexual offender is being sentenced pursuant to subsection (c) of Code Section 17-10-6.2; (2) Six months prior to the sexual offender's proposed release from confinement if the offender is incarcerated; and (3) Forty-five days of receipt of the required registration information if the sexual offender has entered this state from another state and registered as a sexual offender. The board shall send a copy of its risk assessment classification to the Department of Corrections, sexual offender, and sentencing court, if applicable. (b)(1) If the sexual offender has been sentenced pursuant to subsection (c) of Code Section 17-10-6.2, after receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may request that the THURSDAY, FEBRUARY 2, 2006 347 sentencing court set a date to conduct a hearing affording the sexual 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 sexual offender shall be classified as a sexually dangerous predator. If the court determines the sexual offender to be a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (2) If the sexual offender received a sentence of imprisonment and was sentenced for a dangerous sexual offense on or after July 1, 2006, or if the sexual offender is incarcerated on July 1, 2006, for a crime against a victim who is a minor, after receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may request that the sentencing court set a date to conduct a hearing affording the sexual 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 sexual offender shall be classified as a sexually dangerous predator. If the court determines the sexual offender to be a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (c) Any sexual offender who changes residence from another state or territory of the United States to this state and who is not designated as a sexually dangerous predator, sexual predator, or a sexually violent predator shall have his or her required registration information forwarded by the sheriff of his or her county of registration to the board for the purpose of risk assessment classification. After receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may, within 30 days after the issuance of such classification, request a hearing before an administrative law judge. Such hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board subject to the right of judicial review in accordance with Chapter 13 of Title 50. If the final determination is that the sexual offender is classified as a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (d) Any individual who was classified as a sexually violent predator prior to July 1, 2006, shall be classified as a sexually dangerous predator on and after July 1, 2006. (e) Any sexually dangerous predator shall be required to wear an electronic monitoring device that shall have, at a minimum, the capacity to locate and record the location of the sexually dangerous predator by a link to a global positioning satellite system, have two-way voice communication capability, have an alarm at no less than 95 decibels that can be remotely activated, and is automatically activated and broadcasts the sexually dangerous predator's location if the monitor is removed or tampered with by anyone other than a law enforcement official designated to maintain and remove or replace the 348 JOURNAL OF THE HOUSE monitor. Such monitor shall be worn by a sexually dangerous predator for the remainder of his or her natural life. The sexually dangerous predator shall pay the cost of such monitor to the Department of Corrections if the sexually dangerous predator is on probation; to the Board of Pardons and Paroles if the sexually dangerous predator is on parole; and to the sheriff after the sexually dangerous predator completes his or her term of probation and parole or if the sexually dangerous predator has moved to this state from another state, territory, or country. The monitor shall be placed upon the sexually dangerous predator prior to his or her release from confinement. If the sexual offender is not in custody, within 72 hours of the decision classifying the sexual offender as a sexually dangerous predator by the court in accordance with subsection (b) of this Code section or a final decision pursuant to subsection (c) of this Code section, whichever applies to the sexual offender's situation, the sexually dangerous predator shall report to the sheriff of the county of his or her residence for purposes of having the monitor placed on the sexually dangerous predator. (f) In addition to the requirements of registration for all sexual offenders, a sexually dangerous predator shall report to the sheriff of the county where such predator resides six months following his or her birth month and update or verify his or her required registration information. 42-1-15. (a) No individual required to register pursuant to Code Section 42-1-12 shall reside or loiter within 1,000 feet of any child care facility, church, school, or area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, church, school, or area where minors congregate at their closest points. (b) No individual who is required to register under Code Section 42-1-12 shall be employed by any child care facility, school, or church or by any business or entity that is located within 1,000 feet of an area where minors congregate, a child care facility, a school, or a church. (c) Any sexual offender who knowingly violates the provisions of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years. (d) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12." SECTION 21. Said title is further amended by striking subsection (b) of Code Section 42-8-35, relating to terms and conditions of probation, and inserting in lieu thereof the following: "(b) In determining the terms and conditions of probation for a probationer who has been convicted of a criminal offense against a victim who is a minor or dangerous THURSDAY, FEBRUARY 2, 2006 349 sexual offense as that phrase is those terms are defined in subparagraph (a)(4)(B) of Code Section 42-1-12, the court may provide that the probationer shall be: (1) Prohibited from entering or remaining present at a victim's school, place of employment, place of residence, or other specified place at times when a victim is present or from entering or remaining present loitering in areas where minors congregate, child care facilities, churches, or schools as those terms are defined in subsection (a) of Code Section 42-1-13 42-1-12; (2) Required to wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning systems. The Unless the probationer is indigent, the department shall assess and collect fees from the probationer for such monitoring at levels set by regulation by the department; and (3) Prohibited from seeking election to a Local Board of Education local board of education." SECTION 22. Said title is further amended by striking Code Section 42-8-60, relating to probation prior to adjudication of guilt, and inserting in lieu thereof the following: "42-8-60. (a) Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt, in the case of a defendant who has not been previously convicted of a felony, the court may, without entering a judgment of guilt and with the consent of the defendant: (1) Defer further proceeding and place the defendant on probation as provided by law; or (2) Sentence the defendant to a term of confinement as provided by law. (b) Upon violation by the defendant of the terms of probation, upon a conviction for another crime during the period of probation, or upon the court determining that the defendant is or was not eligible for sentencing under this article, the court may enter an adjudication of guilt and proceed as otherwise provided by law. No person may avail himself or herself of this article on more than one occasion. (c) The court shall not sentence a defendant under the provisions of this article and, if sentenced under the provisions of this article, shall not discharge the defendant upon completion of the sentence unless the court has reviewed the defendant's criminal record as such is on file with the Georgia Crime Information Center. (d) The court shall not sentence a defendant under the provisions of this article who has been found guilty of or entered a plea of guilty of a plea of nolo contendere for: (1) A serious violent felony as such term is defined in Code Section 17-10-6.1; (2) A sexual offense as such term is defined in Code Section 17-10-6.2, unless in the court's discretion it imposed a sentence under this article for a person who is less than 21 years of age at the time of the offense; (3) Sexual exploitation of a minor as defined in Code Section 16-12-100; (4) Electronically furnishing obscene material to a minor as defined in Code Section 16-12-100.1; or 350 JOURNAL OF THE HOUSE (5) Computer pornography and child exploitation, as defined in Code Section 16-12100.2." SECTION 23. Said title is further amended by striking in its entirety Code Section 42-9-44.1, relating to conditions of parole for sexual offenders, and inserting in lieu thereof the following: "42-9-44.1. (a) As used in this Code section, the term 'sexual offense' means a violation of Code Section 16-6-1, 16-6-2, 16-6-5.1, 16-6-22, or 16-6-22.2 when the victim was under 18 years of age at the time of the commission of the offense or a violation of Code Section 16-6-3, 16-6-4, or 16-6-5 when the victim was under 14 years of age at the time of the commission of the offense. (b)(1) The board shall adopt rules providing that with respect to any person who has been convicted of a sexual offense, as a condition of parole, the offender shall be ordered to give notice of his or her name and address, the crime for which he or she was convicted, and the date of parole to: (A) The superintendent of the public school district where the offender will reside; and (B) The sheriff of the county wherein the offender will reside. (2) The offender shall provide the notice and information required in paragraph (1) of this subsection within ten days of the release on parole or within ten days of setting up residency in the locale where the offender plans to have his or her domicile. (c) Any sex offender who has been paroled and who moves his or her legal residence from one county within this state to another county within this state shall be required to provide the information and notice required in subsection (b) of this Code section with respect to his or her new residence within ten days after moving during the period of his or her parole. (d) Any person who fails to comply with the requirements of this Code section or who provides false information shall, in the case of a person on parole, be in violation of such person's conditions of parole and shall be guilty of a misdemeanor. (e) 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 offenders providing information to the sheriff under this Code section. Such register shall be open to public inspection. (f) The requirement that a sex offender provide notice and information pursuant to subsections (b) and (c) of this Code section shall terminate upon the offender's satisfactory completion of his or her terms of parole. Reserved." SECTION 24. Said title is further amended by striking in its entirety Code Section 42-9-44.2, relating to chemical treatment and counseling as a condition of parole for child molesters, and inserting in lieu thereof the following: "42-9-44.2. THURSDAY, FEBRUARY 2, 2006 351 (a) The Board of Pardons and Paroles may in the exercise of its discretion in considering the grant of parole to a person who has been convicted of a second or subsequent offense of child molestation of a child who was 16 years of age or younger at the time of the offense or who has been convicted of a first offense of aggravated child molestation of a child who was 16 years of age or younger at the time of the offense require, as a condition of parole, that such person undergo medroxyprogesterone acetate treatment or its chemical equivalent. While undergoing such treatment, such person must participate in and pay for counseling currently available from a private or public provider of outpatient mental health services. No such treatment shall be administered until such person has consented thereto in writing. (b) A person who is required to undergo medroxyprogesterone acetate treatment or its chemical equivalent and counseling as a condition of parole shall begin such treatment prior to his or her release from confinement in the state correctional institution or other institution, but additional treatment may continue after such defendant's release on parole until the defendant demonstrates to the board that such treatment is no longer necessary. (c) The provision of treatment required as a condition of parole shall be administered by the State Board of Pardons and Paroles through licensed medical personnel employed by the defendant and approved by the board. Any physician or qualified mental health professional who acts in good faith in compliance with the provisions of this Code section in the administration of treatment or provision of counseling provided for in this Code section shall be immune from civil or criminal liability for his or her actions in connection with such treatment. The Department of Corrections shall permit access by such licensed medical personnel for such purpose to any person required to begin the treatment and counseling while confined in a facility of the department. The medical personnel utilized or approved by the board shall be required to inform the person about the effect of hormonal chemical treatment and any side effects that may result from it. A person subject to treatment under this Code section shall acknowledge in writing the receipt of this information. Reserved." SECTION 25. (a) This Act shall become effective July 1, 2006. (b) Any person required to register pursuant to the provisions of Code Section 42-1-12, relating to the state sexual offender registry, and any person required not to reside within areas where minors congregate, as prohibited by Code Section 42-1-13, shall not be relieved of the obligation to comply with the provisions of said Code sections by the repeal and reenactment of said Code sections. (c) The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment. SECTION 26. 352 JOURNAL OF THE HOUSE 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 Titles 16, 17, 35, and 42 of the Official Code of Georgia Annotated, relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and residency requirements for sexual offenders; to provide for legislative findings; to change punishment provisions related to aggravated assault with the intent to rape; to change punishment provisions related to kidnapping; to change punishment provisions related to false imprisonment; to change punishment provisions related to rape; to change certain provisions relating to sodomy and aggravated sodomy; to provide for lesser punishment for certain sexual offenses committed by persons of certain ages; to change certain provisions relating to statutory rape; to change certain provisions relating to child molestation and aggravated child molestation; to change certain provisions relating to enticing a child for indecent purposes; to change certain provisions relating to persons convicted of sexual assault against persons in custody; to change certain provisions relating to incest; to change certain provisions relating to sexual battery; to change certain provisions relating to aggravated sexual battery; to allow for judicial discretion for mandatory minimum sentences under certain circumstances; to create a new crime involving withholding information concerning a sexual offender and provide for penalties; to change a provision relating to the fixing of a sentence by a judge; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to add a provision relating to statutory aggravating circumstances for the imposition of the death penalty; to require the Georgia Crime Information Center to collect certain data; to reorganize and change provisions related to the State Sexual Offender Registry; to change and add certain definitions; to change provisions relating to registration requirements for sexual offenders; to provide for an annual registration fee; to provide that sexual offenders register prior to release from prison; to require each sheriff to maintain and update a list of all sexual offenders residing in the county; to provide for duties and responsibilities for sheriffs, the Department of Corrections, the Georgia Bureau of Investigation, and sexual offenders; to require registered sexual offenders to verify required registration information with the sheriff whenever any changes occur to certain information and verify information at least annually within 72 hours of the sexual offender's birthday; to increase the duration for registration requirement; to provide for a procedure for certain sexual offenders to petition a court to be relieved of registration requirements; to require the sheriff to notify certain people and entities of the presence of sexual offenders in their community; to increase punishment for failure to comply with THURSDAY, FEBRUARY 2, 2006 353 registration requirements; to change the appointing authority for the Sexual Offender Registration Review Board; to require the Sexual Offender Registration Review Board to classify sexual offenders; to require sexually dangerous predators to wear an electronic monitoring device for the balance of his or her life and to pay for such device; to require sexually dangerous predators to update required registration information twice yearly; to provide for employment restrictions for sexual offenders; to prohibit sexual offenders from loitering in certain locations; to correct cross-references; to change provisions relating to sexual offenders conditions for parole; to change provisions relating to chemical treatment and counseling as a condition of parole for child molesters; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly finds and declares that recidivist sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Many sexual offenders are extremely likely to use physical violence and to repeat their offenses; and some sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. The General Assembly finds that this makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. The General Assembly further finds that the high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes: (1) Incarcerating sexual offenders and maintaining adequate facilities to ensure that decisions to release sexual predators into the community are not made on the basis of inadequate space; (2) Requiring the registration of sexual offenders, with a requirement that complete and accurate information be maintained and accessible for use by law enforcement authorities, communities, and the public; (3) Providing for community and public notification concerning the presence of sexual offenders; (4) Collecting data relative to sexual offenses and sexual offenders; (5) Requiring sexual predators who are released into the community to wear electronic monitoring devices for the rest of their natural life and to pay for such device; and (6) Prohibiting sexual predators from working with children, either for compensation or as a volunteer. The General Assembly further finds that the state has a compelling interest in protecting the public from sexual offenders and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual offenders to register and 354 JOURNAL OF THE HOUSE for requiring community and public notification of the presence of sexual offenders. The General Assembly declares that in order to protect the public, it is necessary that the sexual offenders be registered and that members of the community and the public be notified of a sexual offender's presence. The designation of a person as a sexual offender is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from the conviction of certain crimes. Likewise, the designation of a person as a sexual predator is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from findings by the Sexual Offender Registration Review Board and a court if requested by a sexual offender. SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking Code Section 16-5-21, relating to aggravated assault, and inserting in lieu thereof the following: "16-5-21. (a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or (3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. (b) Except as provided in subsections (c) through (i) (j) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. (e)(1) As used in this subsection, the term 'correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term 'correctional officer' shall also include county jail officers who are certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35. (2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the THURSDAY, FEBRUARY 2, 2006 355 performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (f.1) Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five years nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term 'vehicle' includes without limitation any railcar. (g) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years. (h) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (i) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years. (j) Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 1710-6.2." SECTION 3. Said title is further amended by striking Code Section 16-5-40, relating to kidnapping, and inserting in lieu thereof the following: "16-5-40. (a) A person commits the offense of kidnapping when he abducts or steals away any person without lawful authority or warrant and holds such person against his will. (b) A person convicted of the offense of kidnapping shall be punished by: 356 JOURNAL OF THE HOUSE (1) Imprisonment imprisonment for not less than ten nor more than 20 years, provided that a person convicted of the offense of kidnapping for ransom shall be punished by if the kidnapping involved a victim who was14 years of age or older; (2) Imprisonment for not less than 25 nor more than 50 years if the kidnapping involved a victim who is less than 14 years of age; (3) Life life imprisonment or by death and provided, further, that, if the person kidnapped shall have received bodily injury, the person convicted shall be punished by if the kidnapping was for ransom; or (4) Life life imprisonment or by death if the person kidnapped received bodily injury. (c) Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7." SECTION 4. Said title is further amended by striking Code Section 16-5-41, relating to false imprisonment, and inserting in lieu thereof the following: "16-5-41. (a) A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority. (b) A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than ten years. (c) Any person convicted under this Code section wherein the victim is not the child of the defendant and the victim is less than 14 years of age shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 5. Said title is further amended by striking Code Section 16-6-1, relating to rape, and inserting in lieu thereof the following: "16-6-1. (a) A person commits the offense of rape when he has carnal knowledge of: (1) A female forcibly and against her will; or (2) A female who is less than ten years of age. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape. (b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life without parole, by imprisonment for life, or by imprisonment for not less than ten 25 nor more than 20 50 years. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (c) When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be responsible for the cost of THURSDAY, FEBRUARY 2, 2006 357 the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence." SECTION 6. Said title is further amended by striking Code Section 16-6-2, relating to sodomy and aggravated sodomy, and inserting in lieu thereof the following: "16-6-2. (a)(1) A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. (2) A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy. (b)(1) Except as provided in subsection (d) of this Code section, a A person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (2) A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by imprisonment for not less than ten 25 nor more than 30 50 years. Any person convicted under this Code section of the offense of aggravated sodomy shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (c) When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be financially responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence. (d) If the victim is 14 or 15 years of age and the person convicted of sodomy is no more than three years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 7. Said title is further amended by striking Code Section 16-6-3, relating to statutory rape, and inserting in lieu thereof the following: "16-6-3. (a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim. 358 JOURNAL OF THE HOUSE (b) Except as provided in subsection (c) of this Code section, a A person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years; provided, further, that if. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c) If the victim is 14 or 15 years of age and the person so convicted is no more than three years older than the victim, such person shall be guilty of a misdemeanor." SECTION 8. Said title is further amended by striking Code Section 16-6-4, relating to child molestation and aggravated child molestation, and inserting in lieu thereof the following: "16-6-4. (a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person. (b)(1) Except as provided in paragraph (2) of this subsection, a A person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon such first conviction of the offense of child molestation, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he or she shall sentence the defendant to imprisonment; provided, further, that upon a defendant's Upon a defendant being incarcerated on a conviction for such a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon Upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment. Adjudication of guilt or imposition of sentence for a conviction of a second or subsequent offense of child molestation, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld. (2) If the victim is 14 or 15 years of age and the person convicted of the offense of child molestation is no more than three years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. THURSDAY, FEBRUARY 2, 2006 359 (c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child, or involves an act of sodomy. (d)(1) Except as provided in paragraph (2) of this subsection, a A person convicted of the offense of aggravated child molestation shall be punished by imprisonment for not less than ten 25 nor more than 30 50 years. Any person convicted under this Code section of the offense of aggravated child molestation shall, in addition, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (2) A person convicted of the offense of aggravated child molestation when: (A) The victim is 14 or 15 years of age; (B) The person so convicted is no more than three years older than the victim; and (C) The basis of the charge of aggravated child molestation involves an act of sodomy shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1. (2) The court sentencing a person who has been convicted of a first offense of aggravated child molestation when the victim is 16 years of age or younger at the time of the offense is authorized to require, before sentencing, that the defendant undergo a psychiatric evaluation to ascertain whether or not medroxyprogesterone acetate chemical treatment or its equivalent would be effective in changing the defendant's behavior. If it is determined by a qualified mental health professional that such treatment would be effective, the court may require, as a condition of probation and upon provisions arranged between the court and the defendant, the defendant to undergo medroxyprogesterone acetate treatment or its chemical equivalent which must be coupled with treatment by a qualified mental health professional. In case of a person sentenced to probation who is required to undergo such treatment or its chemical equivalent and is in the custody of a law enforcement agency or confined in a jail at the time of sentencing, when he or she becomes eligible for probation, such person shall begin medroxyprogesterone acetate treatment and counseling prior to his or her release from custody or confinement. A person sentenced to probation who is required to undergo such treatment and who is not in the custody of a law enforcement agency or confined in a jail at the time of sentencing shall be taken into custody or confined until treatment can begin. Additional treatment may continue after such defendant's release from custody or confinement until the defendant demonstrates to the court that such treatment is no longer necessary. No such treatment shall be administered until such person has been fully informed of the side effects of hormonal chemical treatment and has consented to the treatment in writing. The administration of the treatment shall conform to the procedures and conditions set out in subsection (c) of Code Section 42-9-44.2. (3) Any physician or qualified mental health professional who acts in good faith in compliance with the provisions of this Code section and subsection (c) of Code Section 42-9-44.2 in the administration of treatment or provision of counseling 360 JOURNAL OF THE HOUSE provided for in this Code section shall be immune from civil or criminal liability for his or her actions in connection with such treatment or counseling." SECTION 9. Said title is further amended by striking Code Section 16-6-5, relating to enticing a child for indecent purposes, and inserting in lieu thereof the following: "16-6-5. (a) A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts. (b) Except as provided in subsection (c) of this Code section, a A person convicted of the offense of enticing a child for indecent purposes shall be punished by imprisonment for not less than one ten nor more than 20 30 years. Any person convicted under this Code section of the offense of enticing a child for indecent purposes shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. Upon a first conviction of the offense of enticing a child for indecent purposes, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he shall sentence the defendant to imprisonment. Upon a second or third conviction of such offense, the defendant shall be punished by imprisonment for not less than five years. For a fourth or subsequent conviction of the offense of enticing a child for indecent purposes, the defendant shall be punished by imprisonment for 20 years. Adjudication of guilt or imposition of sentence for a conviction of a third, fourth, or subsequent offense of enticing a child for indecent purposes, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld. (c) If the victim is 14 or 15 years of age and the person convicted of enticing a child for indecent purposes is no more than three years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 10. Said title is further amended by striking Code Section 16-6-5.1, relating to sexual assault against persons in custody, and inserting in lieu thereof the following: "16-6-5.1. (a) As used in this Code section, the term: (1) 'Actor' means a person accused of sexual assault. (2) 'Intimate parts' means the genital area, groin, inner thighs, buttocks, or breasts of a person. (3) 'Psychotherapy' means the professional treatment or counseling of a mental or emotional illness, symptom, or condition. THURSDAY, FEBRUARY 2, 2006 361 (4) 'Sexual contact' means any contact between for the purpose of sexual gratification of the actor and a person not married to the actor involving with the intimate parts of a person not married to the actor either person for the purpose of sexual gratification of the actor. (b) A probation or parole officer or other custodian or supervisor of another person referred to in this Code section commits sexual assault when he or she engages in sexual contact with another person who is a probationer or parolee under the supervision of said probation or parole officer or who is in the custody of law or who is enrolled in a school or who is detained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than one ten nor more than three 30 years; provided, however, that any person convicted of the offense of sexual assault under this subsection of a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 1710-6.2. (c)(1) A person commits sexual assault when such person has supervisory or disciplinary authority over another person and such person engages in sexual contact with that other person who is: (A) In the custody of law; or (B) Detained in or is a patient in a hospital or other institution. (2) A person commits sexual assault when, as an actual or purported practitioner of psychotherapy, he or she engages in sexual contact with another person who the actor knew or should have known is the subject of the actor's actual or purported treatment or counseling, or, if the treatment or counseling relationship was used to facilitate sexual contact between the actor and said person. (3) Consent of the victim shall not be a defense to a prosecution under this subsection. (4) A person convicted of sexual assault under this subsection shall be punished by imprisonment for not less than one ten nor more than three 30 years; provided, however, that any person convicted of the offense of sexual assault under this subsection of a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (d) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, commits sexual assault when such person engages in sexual contact with another person who has been admitted to or is receiving services from such facility, person, or entity. A person convicted of sexual assault pursuant to this subsection shall 362 JOURNAL OF THE HOUSE be punished by imprisonment for not less than one ten nor more than five 30 years, or a fine of not more than $5,000.00, or both. Any violation of this subsection shall constitute a separate offense. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 11. Said title is further amended by striking Code Section 16-6-22, relating to incest, and inserting in lieu thereof the following: "16-6-22. (a) A person commits the offense of incest when he or she engages in sexual intercourse with a person to whom he or she knows he or she is related either by blood or by marriage as follows: (1) Father and daughter or stepdaughter; (2) Mother and son or stepson; (3) Brother and sister of the whole blood or of the half blood; (4) Grandparent and grandchild; (5) Aunt and nephew; or (6) Uncle and niece. (b) A person convicted of the offense of incest shall be punished by imprisonment for not less than one ten nor more than 20 30 years; provided, however, that any person convicted of the offense of incest under this subsection with a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this Code section of the offense of incest shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 12. Said title is further amended by striking Code Section 16-6-22.1, relating to sexual battery, and inserting in lieu thereof the following: "16-6-22.1. (a) For the purposes of this Code section, the term 'intimate parts' means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female. (b) A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person. (c) Except as otherwise provided in this Code section, a person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature. (d) A person convicted of the offense of sexual battery against any child under the age of 16 years shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. THURSDAY, FEBRUARY 2, 2006 363 (e) Upon a second or subsequent conviction under this Code section, a person shall, in addition, be subject to the sentencing and punishment provisions of Code Section 1710-6.2." SECTION 13. Said title is further amended by striking Code Section 16-6-22.2, relating to aggravated sexual battery, and inserting in lieu thereof the following: "16-6-22.2. (a) For the purposes of this Code section, the term 'foreign object' means any article or instrument other than the sexual organ of a person. (b) A person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person. (c) A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for not less than ten 25 nor more than 20 50 years. Any person convicted under this Code section shall, in addition, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7." SECTION 14. Said title is further amended by inserting at the end thereof a new Code Section 16-6-25 to read as follows: "16-6-25. (a) As used in this Code section, the term 'law enforcement unit' means any agency, organ, or department of this state, or a subdivision or municipality thereof, whose primary functions include the enforcement of criminal or traffic laws; the preservation of public order; the protection of life and property; or the prevention, detection, or investigation of crime. Such term shall also include the Department of Corrections and the State Board of Pardons and Paroles. (b) Any person who knows or reasonably believes that a sexual offender, as defined in Code Section 42-1-12, is not complying, or has not complied, with the requirements of Code Section 42-1-12 and who, with the intent to assist such sexual offender in eluding a law enforcement unit that is seeking such sexual offender to question him or her about, or to arrest him or her for, his or her noncompliance with the requirements of Code Section 42-1-12: (1) Harbors, attempts to harbor, or assists another person in harboring or attempting harbor such sexual offender; (2) Conceals, attempts to conceal, or assists another person in concealing or attempting to conceal such sexual offender; or (3) Provides information to the law enforcement unit regarding such sexual offender which the person knows to be false information commits a felony and shall be punished by imprisonment for not less than five nor more than 20 years." 364 JOURNAL OF THE HOUSE SECTION 15. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking paragraph (1) of subsection (a) of Code Section 17-10-1, relating to the fixing of a sentence, and inserting in lieu thereof the following: "(a)(1) Except in cases in which life imprisonment, life without parole, or the death penalty may be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be within the minimum and maximum sentences prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, including service of a probated sentence in the sentencing options system, as provided by Article 9 of Chapter 8 of Title 42, and including the authority to revoke the suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court, even before the probationary period has begun, subject to the conditions set out in this subsection; provided, however, that such action shall be subject to the provisions of Code Section Sections 17-10-6.1 and 17-10-6.2." SECTION 16. Said title is further amended by striking Code Section 17-10-6.1, relating to punishment for serious violent offenders, and inserting in lieu thereof the following: "17-10-6.1. (a) As used in this Code section, the term 'serious violent felony' means: (1) Murder or felony murder, as defined in Code Section 16-5-1; (2) Armed robbery, as defined in Code Section 16-8-41; (3) Kidnapping, as defined in Code Section 16-5-40; (4) Rape, as defined in Code Section 16-6-1; (5) Aggravated child molestation, as defined in subsection (c) of Code Section 16-64, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4; (6) Aggravated sodomy, as defined in Code Section 16-6-2; or (7) Aggravated sexual battery, as defined in Code Section 16-6-22.2. (b)(1) Notwithstanding any other provisions of law to the contrary, any person convicted of a the serious violent felony as defined in paragraphs (2) through (7) of subsection (a) of this Code section of kidnapping involving a victim who is 14 years of age or older or armed robbery shall be sentenced to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. (2) Notwithstanding any other provisions of law to the contrary, any person convicted of the serious violent felony of: THURSDAY, FEBRUARY 2, 2006 365 (A) Kidnapping involving a victim who is less than 14 years of age; (B) Rape; (C) Aggravated child molestation, as defined in subsection (c) of Code Section 166-4, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4; (D) Aggravated sodomy, as defined in Code Section 16-6-2; or (E) Aggravated sexual battery, as defined in Code Section 16-6-22.2 shall be sentenced to a split sentence which shall include a mandatory minimum term of imprisonment of 25 years followed by probation for the remainder of the person's natural life. No portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. (3) No person convicted of a serious violent felony as defined in subsection (a) of this Code section shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation for first offenders, or any other provision of Georgia law relating to the sentencing of first offenders. The State of Georgia shall have the right to appeal any sentence which is imposed by the superior court which does not conform to the provisions of this subsection in the same manner as is provided for other appeals by the state in accordance with Chapter 7 of Title 5, relating to appeals or certiorari by the state. (c)(1) Except as otherwise provided in subsection (c) of Code Section 42-9-39, for a first conviction of a serious violent felony in which the defendant has been sentenced to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 14 20 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections. (2) For a first conviction of a serious violent felony in which the defendant has been sentenced to death but the sentence of death has been commuted to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 25 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections. (3) Any sentence imposed for the first conviction of any serious violent felony other than a sentence of life imprisonment or life without parole or death shall be served in its entirety as imposed by the sentencing court and shall not be reduced by any form of parole or early release administered by the State Board of Pardons and Paroles or by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect 366 JOURNAL OF THE HOUSE of which would be to reduce the period of incarceration ordered by the sentencing court. (d) For purposes of this Code section, a first conviction of any serious violent felony means that the person has never been convicted of a serious violent felony under the laws of this state or of an offense under the laws of any other state or of the United States, which offense if committed in this state would be a serious violent felony. Conviction of two or more crimes charged on separate counts of one indictment or accusation, or in two or more indictments or accusations consolidated for trial, shall be deemed to be only one conviction." SECTION 17. Said title is further amended by adding a new Code section to follow Code Section 1710-6.1, relating to punishment for serious violent offenders, to read as follows: "17-10-6.2. (a) As used in this Code section, the term 'sexual offense' means: (1) Aggravated assault with the intent to rape, as defined in Code Section 16-5-21; (2) False imprisonment, as defined in Code Section 16-5-41, if the victim is not the child of the defendant and the victim is less than 14 years of age; (3) Sodomy, as defined in Code Section 16-6-2, unless subject to the provisions of subsection (d) of Code Section 16-6-2; (4) Statutory rape, as defined in Code Section 16-6-3, if the person convicted of the crime is 21 years of age or older; (5) Child molestation, as defined in subsection (a) of Code Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (b) of Code Section 16-6-4; (6) Enticing a child for indecent purposes, as defined in Code Section 16-6-5, unless subject to the provisions of subsection (c) of Code Section 16-6-5; (7) Sexual assault against persons in custody, as defined in Code Section 16-6-5.1; (8) Incest, as defined in Code Section 16-6-22; (9) A second or subsequent conviction for sexual battery, as defined in Code Section 16-6-22.1; or (10) Sexual exploitation of children, as defined in Code Section 16-12-100. (b) Except as provided in subsection (c) of this Code section, and notwithstanding any other provisions of law to the contrary, any person convicted of a sexual offense shall be sentenced to a split sentence which shall include the minimum term of imprisonment specified in the Code section applicable to the offense. No portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and such sentence shall include, in addition to the mandatory imprisonment, an additional probated sentence of at least one year. No person convicted of a sexual offense shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation for first offenders, or any other provision of Georgia law relating to the sentencing of first offenders. THURSDAY, FEBRUARY 2, 2006 367 (c)(1) In the court's discretion, the court may deviate from the mandatory minimum sentence as set forth in subsection (b) of this Code section, or any portion thereof, provided that: (A) The defendant has no prior conviction of an offense prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16; (B) The defendant did not use a deadly weapon or any object, device, or instrument which when used offensively against a person would be likely to or actually did result in serious bodily injury during the commission of the offense; (C) The court has not found evidence of a relevant similar transaction; (D) The victim did not suffer any physical injury or visible bodily harm during the commission of the offense; (E) The offense did not involve transportation of the victim; and (F) The victim was not physically restrained during the commission of the offense. (2) If the court deviates in sentencing pursuant to this subsection, the judge shall issue a written order setting forth the judge's reasons. (d) If the court imposes a probated sentence, the defendant shall submit to review by the Sexual Offender Registration Review Board for purposes of risk assessment classification within ten days of being sentenced and shall otherwise comply with Article 2 of Chapter 1 of Title 42." SECTION 18. Said title is further amended in subsection (b) of Code Section 17-10-30, relating to the procedure for implementation of the death penalty generally, by striking "or" at the end of paragraph (9), by adding "; or" at the end of paragraph (10), and by adding a new paragraph (11) to read as follows: "(11) The offense of murder, rape, or kidnapping was committed by a person previously designated as a sexually dangerous predator pursuant to Code Section 421-14." SECTION 19. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking subparagraph (A) of paragraph (4) of Code Section 35-3-30, relating to definitions used for the Georgia Crime Information Center article, and inserting in lieu thereof the following: "(A) 'Criminal history record information' means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, accusations, information, or other formal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release. Such term also includes the age and sex of each victim as provided by criminal justice agencies. The term does not include identification information, such 368 JOURNAL OF THE HOUSE as fingerprint records, to the extent that such information does not indicate involvement of the individual in the criminal justice system." SECTION 20. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by designating Code Sections 42-1-1 through 42-1-11 as Article 1 of Chapter 1, striking in their entirety Code Sections 42-1-12 and 42-1-13, and inserting in their place a new Article 2 to read as follows: "ARTICLE 2 42-1-12. (a) As used in this article, the term: (1) 'Address' means the street or route address of the sexual offender's residence. For purposes of this Code section, the term does not mean a post office box, and homeless does not constitute an address. (2) 'Appropriate official' means: (A) With respect to a sexual 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 a sexual 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; (C) With respect to a sexual 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 a sexual offender who is placed on probation through a private probation agency, the director of the private probation agency or his or her designee. (3) 'Area where minors congregate' shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, bus stops, and all other places established for the public to congregate and wait for public transportation. (4) 'Assessment criteria' means the tests that the board members use to determine the likelihood that a sexual offender will commit another criminal offense against a victim who is a minor or commit a dangerous sexual offense. (5) 'Board' means the Sexual Offender Registration Review Board. (6) 'Child care facility' means all public and private pre-kindergarten facilities, daycare centers, preschool facilities, and long-term care facilities for children. (7) 'Church' means a place of public religious worship. (8) '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 THURSDAY, FEBRUARY 2, 2006 369 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 defendant's 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 defendant's discharge. (9)(A) 'Criminal offense against a victim who is a minor' with respect to convictions occurring on or before June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of: (i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; or (vii) Any conviction resulting from an underlying sexual offense against a victim who is a minor. (B) 'Criminal offense against a victim who is a minor' with respect to convictions occurring after June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of: (i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (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 minor's 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. 370 JOURNAL OF THE HOUSE (C) For purposes of subparagraph (a)(9)(B) of this Code section, conduct which is punished as for a misdemeanor or which is prosecuted in juvenile court shall not be considered a criminal offense against a victim who is a minor. (10)(A) 'Dangerous sexual offense' with respect to convictions occurring after June 30, 2006, means any criminal offense under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-5-2; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) False imprisonment in violation of Code Section 16-5-41 which involves a victim who is less than 14 years of age, except by a parent; (iv) Rape in violation of Code Section 16-6-1; (v) Sodomy in violation of Code Section 16-6-2; (vi) Aggravated sodomy in violation of Code Section 16-6-2; (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (viii) Child molestation in violation of Code Section 16-6-4; (ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense; (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xi) Sexual assault against persons in custody in violation of Code Section 16-65.1; (xii) Incest in violation of Code Section 16-6-22; (xiii) A second conviction for sexual battery in violation of Code Section 16-622.1; (xiv) Aggravated sexual battery in violation of Code Section 16-6-23; (xv) Sexual exploitation of children in violation of Code Section 16-12-100; (xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1; (xvii) Computer pornography and child exploitation prevention in violation of Code Section 16-12-100.2; (xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or (xix) Any conduct which, by its nature, is a sexual offense against a minor or an attempt to commit a sexual offense against a minor. (B) For purposes of this paragraph, conduct which is punished as for a misdemeanor or which is prosecuted in juvenile court shall not be considered a dangerous sexual offense. (11) 'Institution of higher education' means a private or public community college, state university, state college, or independent postsecondary institution. (12) 'Level I risk assessment classification' means the sexual offender is a low sex offense risk and low general recidivism risk. THURSDAY, FEBRUARY 2, 2006 371 (13) 'Level II risk assessment classification' means the sexual offender is an intermediate sex offense risk and intermediate general recidivism risk and includes all sexual offenders who do not meet the criteria for classification either as a sexually dangerous predator or for Level I risk assessment. (14) 'Minor' means any individual under the age of 18 years and any individual that the sexual offender believed at the time of the offense was under the age of 18 years if such individual was the victim of an offense. (15) 'Required registration information' means: (A) Name; social security number; age; race; sex; date of birth; height; weight; hair color, eye color, fingerprints; and photograph; (B) Address of any permanent residence and address of any current temporary residence, within the state or out of state, and, if applicable in addition to the address, a rural route address and a post office box; (C) If the place of residence is a motor vehicle or trailer, provide the vehicle identification number, the license tag number, and a description, including color scheme, of the motor vehicle or trailer; (D) If the place of residence is a mobile home, provide the mobile home location permit number; the name and address of the owner of the home; a description, including the color scheme of the mobile home; and, if applicable, a description of where the mobile home is located on the property; (E) If the place of residence is a manufactured home, provide the title number assigned to the home; the name and address of the owner of the home; a description, including the color scheme of the manufactured home; and, if applicable, a description of where the manufactured home is located on the property. (F) If the place of residence is a vessel, live-aboard vessel, or houseboat, provide the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat; (G) Date of employment, place of any employment, and address of employer; (H) Place of vocation and address of the place of vocation; (I) Vehicle make, model, color, and license tag number; (J) If enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the name, address, and county of each institution, including each campus attended, and enrollment or employment status; and (K) The name of the crime or crimes for which the sexual offender is registering and the date released from prison or placed on probation, parole, or supervised release. (16) 'Risk assessment classification' means the notification level into which a sexual offender is placed based on the board's assessment. (17) 'School' means all public and private kindergarten, elementary, and secondary schools. (18) 'Sexual offender' means any individual: 372 JOURNAL OF THE HOUSE (A) Who has been convicted of a criminal offense against a victim who is a minor or any dangerous sexual offense; or (B) Who has been 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 criminal offense against a victim who is a minor or a dangerous sexual offense. (19) 'Sexually dangerous predator' means a sexual offender: (A) Who was designated as a sexually violent offender between July 1, 1996, and June 30, 2006; or (B) Who has been convicted on or after July 1, 2006, of a dangerous sexual offense; and who is determined by the Sexual Offender Registration Review Board to be at risk of perpetrating any future dangerous sexual offense. (20) 'Vocation' means any 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) Before a sexual offender who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate official shall: (1) Inform the sexual offender of the obligation to register, the amount of the registration fee, and how to maintain registration; (2) Obtain the information necessary for the required registration information; (3) Inform the sexual offender that, if the sexual offender changes any of the required registration information, other than residence address, the sexual offender shall give the new information to the sheriff of the county with whom the sexual offender is registered within 72 hours of the change of information; if the information is the sexual offender's new residence address, the sexual offender shall give the information to the sheriff of the county with whom the sexual offender last registered not sooner than 72 hours before moving and to the sheriff of the county to which the sexual offender is moving not later than 72 hours after the change of information; (4) Inform the sexual offender that he or she shall also register in any state where he or she is employed, carries on a vocation, or is a student; (5) Inform the sexual offender that, if he or she changes residence to another state, the sexual offender shall register the new address with the sheriff of the county with whom the sexual offender last registered, and that the sexual offender shall also register with a designated law enforcement agency in the new state not later than 72 hours after establishing residence in the new state; (6) Obtain fingerprints and a current photograph of the sexual offender; (7) Require the sexual offender to read and sign a form stating that the obligations of the sexual offender have been explained; (8) Obtain and forward any information obtained from the clerk of court pursuant to Code Section 42-5-50 to the sheriff's office of the county in which the sexual offender will reside; and THURSDAY, FEBRUARY 2, 2006 373 (9) If required by Code Section 42-1-14, place any required electronic monitoring device on the sexually dangerous predator and explain its operation and cost. (c) The Department of Corrections shall: (1) Forward to the Georgia Bureau of Investigation a copy of the form stating that the obligations of the sexual offender have been explained; (2) Forward any required registration information to the Georgia Bureau of Investigation; (3) Forward the sexual offender's fingerprints and photograph to the sheriff's office of the county where the sexual offender is going to reside; (4) Inform the board and the prosecuting attorney for the jurisdiction in which a sexual offender was convicted of the impending release of a sexual offender at least eight months prior to such release so as to facilitate compliance with Code Section 421-14; and (5) Keep all records of sexual offenders in a secure facility until official proof of death of a registered sexual offender and thereafter the records shall be destroyed in accordance with Code Sections 15-1-10, 15-6-62, and 15-6-62.1. (d) No sexual offender shall be released from prison or placed on parole, supervised release, or probation until: (1) The appropriate official has provided the Georgia Bureau of Investigation and the sheriff's office in the county where the sexual offender will be residing with the sexual offender's required registration information and risk assessment classification level; and (2) The sexual offender's name has been added to the list of sexual offenders maintained by the Georgia Bureau of Investigation and the sheriff's office as required by this Code section. (e) Registration pursuant to this Code section shall be required by any individual who: (1) Is convicted on or after July 1, 1996, of a criminal offense against a victim who is a minor; (2) Is convicted on or after July 1, 2006, of a dangerous sexual offense; (3) Has previously been convicted of a criminal offense against a minor and may be released from prison or placed on parole, supervised release, or probation on or after July 1, 1996; (4) Has previously been convicted of a sexually violent offense and may be released from prison or placed on parole, supervised release, or probation; (5) Is a resident of Georgia who intends to reside in this state and who is convicted under the laws of another state or the United States, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense, a criminal offense against a victim who is a minor on or after July 1, 1999, or a dangerous sexual offense on or after July 1, 2006; (6) Is a nonresident sexual offender who changes residence from another state or territory of the United States to Georgia who is required to register as a sexual offender under federal law, military law, tribal law, or the laws of another state or territory, regardless of when the conviction occurred; 374 JOURNAL OF THE HOUSE (7) Is a nonresident sexual offender 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 regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory; or (8) Is a nonresident sexual offender who enters this state for the purpose of attending school as a full-time or part-time student regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory. (f) Any sexual offender required to register under this Code section shall: (1) Provide the required registration information to the appropriate official before being released from prison or placed on parole, supervised release, or probation; (2) Register with the sheriff of the county in which the sexual offender resides within 72 hours after the sexual offender's release from prison or placement on parole, supervised release, probation, or entry into this state; (3) Maintain the required registration information with the sheriff of the county in which the sexual offender resides; (4) Renew the required registration information with the sheriff of the county in which the sexual offender resides by reporting to the sheriff within 72 hours of such offender's birthday each year to be photographed and fingerprinted; (5) Update the required registration information with the sheriff of the county in which the sexual offender resides within 72 hours of any change to the required registration information, other than residence address; if the information is the sexual offender's new residence address, the sexual offender shall give the information to the sheriff of the county with whom the sexual offender last registered no sooner than 72 hours before any change of residence address and to the sheriff of the county to which the sexual offender is moving; (6) If convicted of a dangerous sexual offense on or after July 1, 2006, pay to the sheriff of the county where the sexual offender resides an annual registration fee of $250.00 upon each anniversary of such registration; and (7) Continue to comply with the registration requirements of this Code section for the entire life of the sexual offender, including ensuing periods of incarceration. (f.1)(1) Any sexual offender required to register under this Code section who meets the criteria set forth in paragraph (2) of this Code section may petition the superior court of the jurisdiction in which the sexual offender is registered to be released from the registration requirements of this Code section. The court may issue an order releasing the sexual offender from further registration if the court finds that the sexual offender does not pose a substantial risk of perpetrating any future dangerous sexual offense. (2) In order to petition the court pursuant to paragraph (1) of this subsection, the sexual offender shall: (A) Have been convicted of: (i) Sodomy, as defined in Code Section 16-6-2; THURSDAY, FEBRUARY 2, 2006 375 (ii) Statutory rape, as defined in Code Section 16-6-3; (iii) Child molestation, as defined in subsection (a) of Code Section 16-6-4; (iv) Aggravated child molestation when the basis of the charge involves an act of sodomy; or (v) Enticing a child for indecent purposes, as defined in Code Section 16-6-5; (B) Have been under 21 years of age at the time of the commission of the offense; (C) Not have a prior conviction of an offense prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16; (D) Not have used a deadly weapon or any object, device, or instrument which when used offensively against a person would be likely to or actually did result in serious bodily injury during the commission of the offense; (E) Not have caused the victim to suffer any physical injury or visible bodily harm during the commission of the offense; (F) Have been declared a Level I risk assessment classification by the board; and (G) Have had ten years elapse since his or her release from prison, parole, supervised release, or probation. (g)(1) The appropriate official or sheriff shall, within 72 hours after receipt of the required registration information, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the Criminal Justice Information System by the appropriate official or sheriff, the Georgia Crime Information Center shall notify the sheriff of the sexual offender's county of residence, either permanent or temporary, the sheriff of the county of employment, and the sheriff of the county where the sexual offender attends an institution of higher education within 24 hours of entering the data or any change to the data. (2) The Georgia Bureau of Investigation shall: (A) Transmit all information, including the conviction data and fingerprints, to the Federal Bureau of Investigation within 24 hours of entering the data; (B) Establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation; and (C) Perform mail out and verification duties as follows: (i) Send each month Criminal Justice Information System network messages to sheriffs listing sexual offenders due for verification; (ii) Create a photo image file from original entries and provide such entries to sheriffs to assist in sexual offender identification and verification; (iii) Mail a nonforwardable verification form to the last reported address of the sexual offender prior to the sexual offender's birthday; (iv) If the sexual offender changes residence to another state, notify the law enforcement agency with which the sexual offender shall register in the new state; and (v) Maintain records required under this Code section. 376 JOURNAL OF THE HOUSE (h) The sheriff's office in each county shall: (1) Prepare and maintain a list of all sexual offenders and sexually dangerous predators residing in each county. Such list shall include the sexual offender's name; age; physical description; address; crime of conviction, including conviction date and the jurisdiction of the conviction; photograph; and the risk assessment classification level provided by the board, and an explanation of how the board classifies sexual offenders and sexually dangerous predators; (2) Electronically submit and update all information provided by the sexual offender within two working days to the Georgia Bureau of Investigation in a manner prescribed by the Georgia Bureau of Investigation; (3) Maintain and post a list of every sexual offender residing in each county: (A) In the sheriff's office; (B) In any county administrative building; (C) In the main administrative building for any municipal corporation; (D) In the office of the clerk of the superior court so that such list is available to the public; and (E) On a website maintained by the sheriff of the county for the posting of general information; (4) Update the public notices required by paragraph (3) of this Code section within two working days; (5) Inform the public of the presence of sexual offenders in each community; (6) Update the list of sexual offenders residing in the county upon receipt of new information affecting the residence address of a sexual offender or upon the registration of a sexual offender moving into the county by virtue of release from prison, relocation from another county, conviction in another state, federal court, military tribunal, or tribal court. Such list, and any additions to such list, shall be delivered immediately to all schools or institutions of higher education located in the county; (7) Within 72 hours of the receipt of changed required registration information, notify the Georgia Bureau of Investigation through the Criminal Justice Information System of each change of information; (8) Retain the verification form stating that the sexual offender still resides at the address last reported; (9) Enforce the criminal provisions of this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation to enforce the provisions of this Code section; (10) Cooperate and communicate with other sheriffs offices in this state and in the United States to maintain current data on the location of sexual offenders; (11) Determine the appropriate time of day for reporting by sexual offenders, which shall be consistent with the reporting requirements of this Code section; (12) If required by Code Section 42-1-14, place any electronic monitoring device on the sexually dangerous predator and explain its operation and cost; THURSDAY, FEBRUARY 2, 2006 377 (13) Provide current information on names and addresses of all registered sexual offenders to campus police with jurisdiction for the campus of an institution of higher education if the campus is within the sheriff's jurisdiction; and (14) Collect the annual $250.00 registration fee from the sexual offender and transmit such fees to the state for deposit into the General Fund. (i)(1) The sheriff of the county where the sexual offender resides or last registered shall be the primary law enforcement official charged with communicating the whereabouts of the sexual offender and any changes in required registration information to the sheriff's office of the county or counties where the sexual offender is employed, volunteers, attends an institution of higher education, or moves. (2) The sheriff's office may post the list of sexual offenders in any public building in addition to those locations enumerated in subsection (h) of this Code section. (j) The Georgia Crime Information Center shall create the Criminal Justice Information System network transaction screens by which appropriate officials shall enter original data required by this Code section. Screens shall also be created for sheriffs offices for the entry of record confirmation data; employment; changes of residence, institutions of higher education, or employment; or other pertinent data to assist in sexual offender identification. (k)(1) On at least 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 school in this state. In addition, the Department of Education shall provide information to each school in this state on accessing and retrieving from the Georgia Bureau of Investigation's website a list of the names and addresses of all registered sexual offenders. (2) On at least an annual basis, the Department of Early Care and Learning shall provide current information to all child care programs regulated pursuant to Code Section 20-1A-10 on accessing and retrieving from the Georgia Bureau of Investigation's 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, commissioning, or registration for early care and education programs. (3) On at least an annual basis, the Department of Human Resources shall provide current information to all day-care, group day-care, and family day-care programs regulated pursuant to Code Section 49-5-12 and to all long-term facilities for children on accessing and retrieving from the Georgia Bureau of Investigation's website a list of the names and addresses of all registered sexual offenders. (l) Within ten days of the filing of a defendant's 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. (m) Any individual who: 378 JOURNAL OF THE HOUSE (1) Is required to register under this Code section and who fails to comply with the requirements of this Code section; (2) Provides false information; or (3) Fails to respond directly to the sheriff within 72 hours of such individual's birthday shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that upon the conviction of the second offense under this subsection, the defendant shall be punished by imprisonment for life. (n) The information collected pursuant to this Code section 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; and (3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall, in addition to the requirements of this Code section to inform the public of the presence of sexual offenders in each community, release such other relevant information collected under this Code section that is necessary to protect the public concerning sexual offenders 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. (o) 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. (p) Law enforcement agencies, employees of law enforcement agencies, and state officials shall be immune from liability for good faith conduct under this article. 42-1-13. (a) 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 the board shall be appointed by the commissioner of human resources for terms of four years. On and after July 1, 2006, successors to the members of the board shall be appointed by the Governor. 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 THURSDAY, FEBRUARY 2, 2006 379 and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 45-7-21. (b) The board shall be attached to the Department of Human Resources for administrative purposes and, provided there is adequate funding, shall: (1) Exercise its quasi-judicial, rule-making, or policy-making functions independently of the department and without approval or control of the department; (2) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and (3) 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. (c) Members of the board shall be immune from liability for good faith conduct under this article. 42-1-14. (a) The board shall determine the likelihood that a sexual offender will engage in another crime against a victim who is a minor or a dangerous sexual offense. The board shall make such determination for any sexual offender convicted on or after July 1, 2006, of a criminal act against a minor or a dangerous sexual offense and for any sexual offender incarcerated on July 1, 2006, but convicted prior to July 1, 2006, of a criminal act against a minor. Such determination shall not be required to be made by the board until January 1, 2007; provided, however, that such persons shall be subject to this Code section. A sexual offender shall be placed into Level I risk assessment classification, Level II risk assessment classification, or sexually dangerous predator classification based upon the board's assessment criteria and information obtained and reviewed by the board. The sexual offender may provide the board with information including, but not limited to, psychological evaluations, sexual history polygraph information, treatment history, personal, social, educational, and work history, and may agree to submit to a psychosexual evaluation or sexual history polygraph conducted by the board. If the sexual offender has undergone treatment through the Department of Corrections, such treatment records shall also be submitted to the board for evaluation. The prosecuting attorney shall provide the board with any information available to assist the board in rendering an opinion, including, but not limited to, criminal history and records related to previous criminal history. On and after July 1, 2006, the clerk of court shall send a copy of the sexual offender's conviction to the board and notify the board that a sexual offender's evaluation will need to be performed. The board shall render its recommendation for risk assessment classification within: (1) Sixty days of receipt of a request for an evaluation if the sexual offender is being sentenced pursuant to subsection (c) of Code Section 17-10-6.2; (2) Six months prior to the sexual offender's proposed release from confinement if the offender is incarcerated; and (3) Forty-five days of receipt of the required registration information if the sexual offender has entered this state from another state and registered as a sexual offender. 380 JOURNAL OF THE HOUSE The board shall send a copy of its risk assessment classification to the Department of Corrections, sexual offender, and sentencing court, if applicable. (b)(1) If the sexual offender has been sentenced pursuant to subsection (c) of Code Section 17-10-6.2, after receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may request that the sentencing court set a date to conduct a hearing affording the sexual 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 sexual offender shall be classified as a sexually dangerous predator. If the court determines the sexual offender to be a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (2) If the sexual offender received a sentence of imprisonment and was sentenced for a dangerous sexual offense on or after July 1, 2006, or if the sexual offender is incarcerated on July 1, 2006, for a crime against a victim who is a minor, after receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may request that the sentencing court set a date to conduct a hearing affording the sexual 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 sexual offender shall be classified as a sexually dangerous predator. If the court determines the sexual offender to be a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (c) Any sexual offender who changes residence from another state or territory of the United States to this state and who is not designated as a sexually dangerous predator, sexual predator, or a sexually violent predator shall have his or her required registration information forwarded by the sheriff of his or her county of registration to the board for the purpose of risk assessment classification. After receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may, within 30 days after the issuance of such classification, request a hearing before an administrative law judge. Such hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board subject to the right of judicial review in accordance with Chapter 13 of Title 50. If the final determination is that the sexual offender is classified as a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (d) Any individual who was classified as a sexually violent predator prior to July 1, 2006, shall be classified as a sexually dangerous predator on and after July 1, 2006. (e) Any sexually dangerous predator shall be required to wear an electronic monitoring device that shall have, at a minimum, the capacity to locate and record the location of THURSDAY, FEBRUARY 2, 2006 381 the sexually dangerous predator by a link to a global positioning satellite system, have two-way voice communication capability, have an alarm at no less than 95 decibels that can be remotely activated, and is automatically activated and broadcasts the sexually dangerous predator's location if the monitor is removed or tampered with by anyone other than a law enforcement official designated to maintain and remove or replace the monitor. Such monitor shall be worn by a sexually dangerous predator for the remainder of his or her natural life. The sexually dangerous predator shall pay the cost of such monitor to the Department of Corrections if the sexually dangerous predator is on probation; to the Board of Pardons and Paroles if the sexually dangerous predator is on parole; and to the sheriff after the sexually dangerous predator completes his or her term of probation and parole or if the sexually dangerous predator has moved to this state from another state, territory, or country. The monitor shall be placed upon the sexually dangerous predator prior to his or her release from confinement. If the sexual offender is not in custody, within 72 hours of the decision classifying the sexual offender as a sexually dangerous predator by the court in accordance with subsection (b) of this Code section or a final decision pursuant to subsection (c) of this Code section, whichever applies to the sexual offender's situation, the sexually dangerous predator shall report to the sheriff of the county of his or her residence for purposes of having the monitor placed on the sexually dangerous predator. (f) In addition to the requirements of registration for all sexual offenders, a sexually dangerous predator shall report to the sheriff of the county where such predator resides six months following his or her birth month and update or verify his or her required registration information. 42-1-15. (a) No individual required to register pursuant to Code Section 42-1-12 shall reside or loiter within 1,000 feet of any child care facility, church, school, or area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, church, school, or area where minors congregate at their closest points. (b) No individual who is required to register under Code Section 42-1-12 shall be employed by any child care facility, school, or church or by any business or entity that is located within 1,000 feet of an area where minors congregate, a child care facility, a school, or a church. (c) Any sexual offender who knowingly violates the provisions of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years. (d) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12." 382 JOURNAL OF THE HOUSE SECTION 21. Said title is further amended by striking subsection (b) of Code Section 42-8-35, relating to terms and conditions of probation, and inserting in lieu thereof the following: "(b) In determining the terms and conditions of probation for a probationer who has been convicted of a criminal offense against a victim who is a minor or dangerous sexual offense as that phrase is those terms are defined in subparagraph (a)(4)(B) of Code Section 42-1-12, the court may provide that the probationer shall be: (1) Prohibited from entering or remaining present at a victim's school, place of employment, place of residence, or other specified place at times when a victim is present or from entering or remaining present loitering in areas where minors congregate, child care facilities, churches, or schools as those terms are defined in subsection (a) of Code Section 42-1-13 42-1-12; (2) Required to wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning systems. The Unless the probationer is indigent, the department shall assess and collect fees from the probationer for such monitoring at levels set by regulation by the department; and (3) Prohibited from seeking election to a Local Board of Education local board of education." SECTION 22. Said title is further amended by striking Code Section 42-8-60, relating to probation prior to adjudication of guilt, and inserting in lieu thereof the following: "42-8-60. (a) Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt, in the case of a defendant who has not been previously convicted of a felony, the court may, without entering a judgment of guilt and with the consent of the defendant: (1) Defer further proceeding and place the defendant on probation as provided by law; or (2) Sentence the defendant to a term of confinement as provided by law. (b) Upon violation by the defendant of the terms of probation, upon a conviction for another crime during the period of probation, or upon the court determining that the defendant is or was not eligible for sentencing under this article, the court may enter an adjudication of guilt and proceed as otherwise provided by law. No person may avail himself or herself of this article on more than one occasion. (c) The court shall not sentence a defendant under the provisions of this article and, if sentenced under the provisions of this article, shall not discharge the defendant upon completion of the sentence unless the court has reviewed the defendant's criminal record as such is on file with the Georgia Crime Information Center. (d) The court shall not sentence a defendant under the provisions of this article who has been found guilty of or entered a plea of guilty of a plea of nolo contendere for: (1) A serious violent felony as such term is defined in Code Section 17-10-6.1; (2) A sexual offense as such term is defined in Code Section 17-10-6.2; THURSDAY, FEBRUARY 2, 2006 383 (3) Sexual exploitation of a minor as defined in Code Section 16-12-100; (4) Electronically furnishing obscene material to a minor as defined in Code Section 16-12-100.1; or (5) Computer pornography and child exploitation, as defined in Code Section 16-12100.2." SECTION 23. Said title is further amended by striking in its entirety Code Section 42-9-44.1, relating to conditions of parole for sexual offenders, and inserting in lieu thereof the following: "42-9-44.1. (a) As used in this Code section, the term 'sexual offense' means a violation of Code Section 16-6-1, 16-6-2, 16-6-5.1, 16-6-22, or 16-6-22.2 when the victim was under 18 years of age at the time of the commission of the offense or a violation of Code Section 16-6-3, 16-6-4, or 16-6-5 when the victim was under 14 years of age at the time of the commission of the offense. (b)(1) The board shall adopt rules providing that with respect to any person who has been convicted of a sexual offense, as a condition of parole, the offender shall be ordered to give notice of his or her name and address, the crime for which he or she was convicted, and the date of parole to: (A) The superintendent of the public school district where the offender will reside; and (B) The sheriff of the county wherein the offender will reside. (2) The offender shall provide the notice and information required in paragraph (1) of this subsection within ten days of the release on parole or within ten days of setting up residency in the locale where the offender plans to have his or her domicile. (c) Any sex offender who has been paroled and who moves his or her legal residence from one county within this state to another county within this state shall be required to provide the information and notice required in subsection (b) of this Code section with respect to his or her new residence within ten days after moving during the period of his or her parole. (d) Any person who fails to comply with the requirements of this Code section or who provides false information shall, in the case of a person on parole, be in violation of such person's conditions of parole and shall be guilty of a misdemeanor. (e) 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 offenders providing information to the sheriff under this Code section. Such register shall be open to public inspection. (f) The requirement that a sex offender provide notice and information pursuant to subsections (b) and (c) of this Code section shall terminate upon the offender's satisfactory completion of his or her terms of parole. Reserved." SECTION 24. Said title is further amended by striking in its entirety Code Section 42-9-44.2, relating to chemical treatment and counseling as a condition of parole for child molesters, and 384 JOURNAL OF THE HOUSE inserting in lieu thereof the following: "42-9-44.2. (a) The Board of Pardons and Paroles may in the exercise of its discretion in considering the grant of parole to a person who has been convicted of a second or subsequent offense of child molestation of a child who was 16 years of age or younger at the time of the offense or who has been convicted of a first offense of aggravated child molestation of a child who was 16 years of age or younger at the time of the offense require, as a condition of parole, that such person undergo medroxyprogesterone acetate treatment or its chemical equivalent. While undergoing such treatment, such person must participate in and pay for counseling currently available from a private or public provider of outpatient mental health services. No such treatment shall be administered until such person has consented thereto in writing. (b) A person who is required to undergo medroxyprogesterone acetate treatment or its chemical equivalent and counseling as a condition of parole shall begin such treatment prior to his or her release from confinement in the state correctional institution or other institution, but additional treatment may continue after such defendant's release on parole until the defendant demonstrates to the board that such treatment is no longer necessary. (c) The provision of treatment required as a condition of parole shall be administered by the State Board of Pardons and Paroles through licensed medical personnel employed by the defendant and approved by the board. Any physician or qualified mental health professional who acts in good faith in compliance with the provisions of this Code section in the administration of treatment or provision of counseling provided for in this Code section shall be immune from civil or criminal liability for his or her actions in connection with such treatment. The Department of Corrections shall permit access by such licensed medical personnel for such purpose to any person required to begin the treatment and counseling while confined in a facility of the department. The medical personnel utilized or approved by the board shall be required to inform the person about the effect of hormonal chemical treatment and any side effects that may result from it. A person subject to treatment under this Code section shall acknowledge in writing the receipt of this information. Reserved." SECTION 25. (a) This Act shall become effective July 1, 2006. (b) Any person required to register pursuant to the provisions of Code Section 42-1-12, relating to the state sexual offender registry, and any person required not to reside within areas where minors congregate, as prohibited by Code Section 42-1-13, shall not be relieved of the obligation to comply with the provisions of said Code sections by the repeal and reenactment of said Code sections. (c) The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment. THURSDAY, FEBRUARY 2, 2006 385 SECTION 26. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Bordeaux of the 162nd moves to amend the Rules Committee substitute to HB 1059 as follows: By restoring the "or" on p. 9, line 2. 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 Y Anderson N Ashe Y Barnard Y Barnes Y Bearden Y 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 Y Buckner, G Y Burkhalter Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper 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 Everson 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 N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E Y Hudson Y Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell N Morgan Y Morris N Mosby Y Mosley Mumford Y Murphy, J Y Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Parham Y Parrish Y Parsons E Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese 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 Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker 386 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, as amended, the ayes were 144, nays 27. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Rice of the 51st 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 Ralston of the 7th assumed the chair. The following Resolutions of the House were read and adopted: HR 1224. By Representatives Lane of the 158th, Burns of the 157th and Parrish of the 156th: A RESOLUTION commending Mr. Roy L. "Chip" Smith, III for being named the Ogeechee Soil and Water Conservation District's 2005 Conservationist of the Year for Bulloch County. HR 1242. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, Thomas of the 55th, Anderson of the 123rd and Bruce of the 64th: A RESOLUTION recognizing South Fulton County Day at the Capitol on February 7, 2006; and for other purposes. HR 1243. By Representatives Buckner of the 130th, Parrish of the 156th, Lord of the 142nd, Jamieson of the 28th, Meadows of the 5th, Hanner of the 148th and others: A RESOLUTION commending the Georgia Rural Health Association and recognizing Rural Health day; and for other purposes. HR 1244. By Representative Smith of the 70th: A RESOLUTION congratulating Mr. Darwin R. Drewyer, Sr., on the occasion of his 100th birthday; and for other purposes. HR 1245. By Representative Smith of the 70th: A RESOLUTION recognizing and honoring the annual Martin Luther King, Jr., memorial parade in Newnan and commending its leaders and participants; and for other purposes. THURSDAY, FEBRUARY 2, 2006 387 HR 1246. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, Anderson of the 123rd, Cummings of the 16th and Jones of the 44th: A RESOLUTION expressing regret at the passing of Mr. Melvin Howard Robinson; and for other purposes. HR 1247. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, Anderson of the 123rd, Watson of the 91st and Sailor of the 93rd: A RESOLUTION expressing regret at the passing of Mr. Felix D. Louwinski III; and for other purposes. HR 1248. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd and Anderson of the 123rd: A RESOLUTION expressing regret at the passing of Miss Tiffany "Monet" Crawley; and for other purposes. HR 1249. By Representatives Davis of the 109th, Lunsford of the 110th, Yates of the 73rd, Jordan of the 77th and Mosby of the 90th: A RESOLUTION congratulating the Henry County High School varsity baseball team on winning the 2005 AAAA state championship; and for other purposes. HR 1250. By Representatives Jacobs of the 80th, Chambers of the 81st, Watson of the 91st, Benfield of the 85th, Oliver of the 83rd and others: A RESOLUTION commending Commissioner Gale Walldorff; and for other purposes. HR 1251. By Representatives Thomas of the 55th, Holmes of the 61st, Abdul-Salaam of the 74th, Jordan of the 77th and Beasley-Teague of the 65th: A RESOLUTION commending Pastor Jermaine Dawson; and for other purposes. HR 1252. By Representatives Fludd of the 66th, Abdul-Salaam of the 74th, Jordan of the 77th, Lakly of the 72nd and Yates of the 73rd: A RESOLUTION commending the Fayette County Department of Fire and Emergency Services; and for other purposes. 388 JOURNAL OF THE HOUSE HR 1253. By Representatives Dodson of the 75th, Barnes of the 78th, Buckner of the 76th, Jordan of the 77th and Abdul-Salaam of the 74th: A RESOLUTION commending the class of Leadership Clayton 2006; and for other purposes. HR 1254. By Representative Drenner of the 86th: A RESOLUTION commending Ms. Karen S. Feltz; and for other purposes. HR 1255. By Representatives Smith of the 113th and Holt of the 112th: A RESOLUTION remembering and honoring the life of Mr. Curtis Bell; and for other purposes. HR 1256. By Representative Smith of the 113th: A RESOLUTION remembering and honoring the life of Mrs. Reba Kinney Hammond; and for other purposes. HR 1257. By Representative Dukes of the 150th: A RESOLUTION remembering Lillie Victoria Taylor Dover; and for other purposes. Representative Keen of the 179th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning, and the motion prevailed. Representative Ralston of the 7th announced the House adjourned until 9:00 o'clock, tomorrow morning. FRIDAY, FEBRUARY 3, 2006 389 Representative Hall, Atlanta, Georgia Friday, February 3, 2006 The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker. By unanimous consent, the call of the roll was dispensed with. The following communication was received: 2-3-06 Mr. Clerk, On February 2, 2006, I was required to be off the floor that afternoon for a family commitment. I would like to be recorded as a "yes" vote on HB 1059. Thank you, /s/ Dubose Porter District 143 Prayer was offered by the Reverend James O. Speed, Marietta, Georgia. The members pledged allegiance to the flag. Representative Heard of the 104th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 390 JOURNAL OF THE HOUSE 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 1216. By Representatives Freeman of the 140th, Rice of the 51st, Porter of the 143rd, Talton of the 145th, Byrd of the 20th and others: 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 allow the use of properly equipped all-terrain vehicles by law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1217. By Representatives Murphy of the 23rd, Rice of the 51st, Talton of the 145th, Maxwell of the 17th and Dollar of the 45th: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for parking permits for disabled persons; to provide for specifications for such parking 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 amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to designate certain Code sections as reserved; to update cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1218. By Representatives Carter of the 159th, Reece of the 27th, Stephens of the 164th, Graves of the 137th, Parrish of the 156th and others: A BILL to be entitled an Act to amend Code Section 31-22-9 of the Official Code of Georgia Annotated, relating to applicability of the clinical FRIDAY, FEBRUARY 3, 2006 391 laboratories chapter, so as to revise certain provisions relating to the applicability of the chapter relating to pharmacists performing capillary blood tests under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1219. By Representatives Smith of the 70th, Freeman of the 140th, Maddox of the 172nd, Morris of the 155th and Reese of the 98th: 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 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 an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1220. By Representatives Geisinger of the 48th, Chambers of the 81st, Oliver of the 83rd, Jacobs of the 80th, Cox of the 102nd 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 distribution of fines, so as to provide for the imposition and collection of additional penalties for violations of traffic laws for the purpose of assisting in the funding of uninsured trauma services at certain hospitals in this state; to provide for the division of such funds; to provide for other related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1221. By Representatives Geisinger of the 48th, Chambers of the 81st, Oliver of the 83rd, Jacobs of the 80th, Cox of the 102nd 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 and forfeitures, so as to provide for the imposition and collection of additional penalties for violations of traffic laws for the purpose of assisting in the funding of uninsured trauma services at certain hospitals in this state; to provide for the division of such funds; to provide for legislative intent; to 392 JOURNAL OF THE HOUSE provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1223. By Representatives Brown of the 69th, Cooper of the 41st, O`Neal of the 146th, Coleman of the 144th, Epps of the 128th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to revise certain provisions relating to contracts between county boards and authorization for and provisions applicable to a county board of health serving as a community service board; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to revise and add certain definitions relating to community service boards; to revise certain provisions relating to the designation of boundaries for mental health, developmental disabilities, and addictive diseases regions; to revise certain provisions relating to the creation, membership, participation, powers, and bylaws of community mental health, developmental diseases, and addictive diseases service boards; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1224. By Representatives Channell of the 116th, Cooper of the 41st, Brown of the 69th, Sheldon of the 105th and Manning of the 32nd: A BILL to be entitled an Act to amend Code Section 31-8-192 of the Official Code of Georgia Annotated, relating to the definitions relative to the "'Health Share' Volunteers in Medicine Act"; so as to revise the definitions of "lowincome" and "volunteer"; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1225. By Representatives Forster of the 3rd, Hatfield of the 177th, Fleming of the 117th, Lindsey of the 54th, Manning of the 32nd and others: A BILL to be entitled an Act to amend Chapter 3 of Title 39 of the Official Code of Georgia Annotated, relating to The Interstate Compact on Juveniles, so as to provide for repeal of said compact; to enact The Interstate Compact for Juveniles; to provide for implementation of said compact; to provide for the Georgia State Council for Interstate Juvenile Supervision; to provide for a FRIDAY, FEBRUARY 3, 2006 393 compact administrator; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1226. By Representatives England of the 108th, Coleman of the 97th, McCall of the 30th, Roberts of the 154th, Black of the 174th and others: A BILL to be entitled an Act to amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for professional educators in public schools, so as to provide for minimum salaries for agricultural education teachers based on 12 months service; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1227. By Representatives England of the 108th, Coleman of the 97th, McCall of the 30th, Roberts of the 154th, Black of the 174th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to create the Agricultural Education Oversight Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1228. By Representatives England of the 108th, Coleman of the 97th, McCall of the 30th, Roberts of the 154th, Black of the 174th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to create the Career and Technical Education Oversight Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1229. By Representatives Brown of the 69th, Walker of the 107th, Oliver of the 83rd, Ashe of the 56th and Lane of the 158th: 394 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Code Section 20-2-157 of the Official Code of Georgia Annotated, relating to uniform reporting system for high school grades for certain purposes, so as to provide for legislative findings; to provide for the adjustment of grades received in advance placement and honors courses; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1230. By Representatives Lindsey of the 54th, Jones of the 46th and Geisinger of the 48th: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain provisions in the "Georgia Development Impact Fee Act"; to change definitions; to increase community participation in development impact fee advisory committees; to provide for the expenditure of impact fees; to correct cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1231. By Representatives Cole of the 125th, Roberts of the 154th, Lunsford of the 110th, Ehrhart of the 36th, Williams of the 4th and others: A BILL to be entitled an Act to amend Code Section 40-8-73.1 of the Official Code of Georgia Annotated, relating to affixing of materials which reduce light transmission or increase light reflectance through windows or windshields, so as to allow optometrists to exempt persons for medical reasons; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1232. By Representatives Shaw of the 176th, Roberts of the 154th, Rice of the 51st, Parham of the 141st and Rogers of the 26th: A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to change certain provisions relating to commemorative license plates for Georgia organizations, promotional agreements, and fees; to provide for deposit of certain funds into the general fund of the state treasury; to change certain provisions relating to special license plates FRIDAY, FEBRUARY 3, 2006 395 promoting the United States Disabled Athletes Fund; to change certain provisions relating to special license plates promoting the NongameEndangered Wildlife Program of the Georgia Department of Natural Resources; to change certain provisions relating to special license plates commemorating Civil War battlefields and historic sites; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1233. By Representatives Cox of the 102nd and Cooper of the 41st: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to revise and add a definition relating to childrens transitional care centers; to change certain provisions relating to licensing and inspection of child welfare agencies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Children & Youth. HB 1234. By Representatives Cole of the 125th, Cox of the 102nd, Crawford of the 127th, Day of the 163rd, Ralston of the 7th and others: A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to change certain provisions relating to carrying deadly weapons to or at public gatherings; to provide for constables to carry pistols in publicly owned or operated buildings; to exempt constables from the prohibition of carrying weapons within school safety zones, at school functions, or on school property; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1235. By Representatives Bordeaux of the 162nd, Ralston of the 7th, Lane of the 167th and Setzler of the 35th: A BILL to be entitled an Act to amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses generally, so as to permit jurors to ask questions of witnesses under certain circumstances; to provide for the procedure of such questioning; to provide 396 JOURNAL OF THE HOUSE an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1236. By Representative Wilkinson of the 52nd: A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to place of return of motor vehicles and mobile homes, so as to provide for the registration of certain motor vehicles in the county where such vehicles are functionally located; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1237. By Representatives Talton of the 145th, O`Neal of the 146th, Murphy of the 23rd, Scott of the 2nd, and Hill of the 180th: 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 and special license plates for certain persons and vehicles, so as to provide for special license plates in honor of the Georgia Association of Realtors; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1241. By Representatives Martin of the 47th, Roberts of the 154th, Watson of the 91st, Fleming of the 117th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs and activities under the "Quality Basic Education Act," so as to provide that no high school which receives funding under the "Quality Basic Education Act" shall participate in or sponsor interscholastic sports events conducted by any athletic association unless the athletic association provides for certain eligibility conditions for student athletes; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. FRIDAY, FEBRUARY 3, 2006 397 HB 1242. By Representatives Bordeaux of the 162nd and Maxwell of the 17th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that resident relatives under motor vehicle insurance includes certain wards and foster children while living in the named insureds household; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1243. By Representatives Willard of the 49th, Lindsey of the 54th, Teilhet of the 40th, Oliver of the 83rd and Fludd of the 66th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8 of the O.C.G.A., relating to buildings generally, so as to change certain provisions relating to resolution of construction defects; to clarify how builders and homeowners are required to operate under Part 2A relating to resolution of construction defects; to change conflicting language within Part 2A; to provide a better framework for dispute resolution; to change certain definitions; to change certain provisions relating to notice of claim and the response of the contractor to the claim; to change certain provisions relating to discovery of additional defects after original notice of a claim is given; to change certain provisions relating to the effect of a claimants acceptance of settlement and subrogation of insurance; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HR 1225. By Representatives Sims of the 169th, Smith of the 168th, Keen of the 179th, Roberts of the 154th and Mosley of the 178th: A RESOLUTION honoring the lifetime of achievement of Derward F. Buchan and dedicating the Derward F. Buchan Corridor; and for other purposes. Referred to the Committee on Transportation. HR 1226. By Representatives Lane of the 158th, Stephens of the 164th, Burns of the 157th, Ehrhart of the 36th, Parrish of the 156th and others: A RESOLUTION authorizing and directing the Department of Natural 398 JOURNAL OF THE HOUSE Resources to initiate a "Georgia Quail Trail" and creating the Georgia Quail Trail Advisory Council; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HR 1227. By Representatives Jordan of the 77th, Abdul-Salaam of the 74th, Heckstall of the 62nd, Barnes of the 78th, Dodson of the 75th and others: A RESOLUTION requesting that if there is a shortfall in subsidizing the Lovejoy to Atlanta rail project, the Department of Transportation and Georgia Regional Transportation Authority shall cover the costs; and for other purposes. Referred to the Committee on Transportation. HR 1228. By Representatives Geisinger of the 48th, Chambers of the 81st, Oliver of the 83rd, Jacobs of the 80th, Cox of the 102nd and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly by general law to provide for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of any offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state; to provide that the General Assembly by general law may allocate such additional penalties or fees for the specific purpose of funding any and all costs or any portion of the costs for providing uninsured trauma care services by all public and private hospitals in this state that maintain trauma care centers; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HR 1229. By Representatives Roberts of the 154th, Coleman of the 144th, Scott of the 153rd, Royal of the 171st, Richardson of the 19th and others: A RESOLUTION honoring the memory of Tommy G. Hudson and designating the Tommy G. Hudson Bridge in Turner County; and for other purposes. Referred to the Committee on Transportation. HR 1232. By Representatives Coleman of the 144th, Brown of the 69th, Harbin of the 118th, Channell of the 116th, Parrish of the 156th and others: FRIDAY, FEBRUARY 3, 2006 399 A RESOLUTION creating the House Medical Device Study Committee; and for other purposes. Referred to the Committee on Health & Human Services. HR 1234. By Representatives Wix of the 33rd, Teilhet of the 40th, Jenkins of the 8th, Johnson of the 37th and Thomas of the 100th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general or local law for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. HR 1235. By Representatives Wix of the 33rd, Jenkins of the 8th, Teilhet of the 40th, Johnson of the 37th and Thomas of the 100th: A RESOLUTION proposing an amendment to the Constitution so as to provide that all records and meetings of any government, authority, or private corporation performing a public purpose shall be open to the public; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Judiciary. HR 1236. By Representative Jenkins of the 8th: A RESOLUTION honoring the memory of Micajah Clark Dyer, self-taught inventor of the North Georgia mountains, and designating the Micajah Clark Dyer Parkway; and for other purposes. Referred to the Committee on Transportation. HR 1237. By Representatives Buckner of the 76th, Dodson of the 75th, Barnes of the 78th, Lunsford of the 110th, Sinkfield of the 60th and others: A RESOLUTION requesting that if there is a shortfall in subsidizing the Lovejoy to Atlanta rail project, the Department of Transportation and Georgia Regional Transportation Authority shall cover the costs; and for other purposes. 400 JOURNAL OF THE HOUSE Referred to the Committee on Transportation. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 1190 HB 1191 HB 1192 HB 1193 HB 1194 HB 1195 HB 1196 HB 1197 HB 1198 HB 1199 HB 1200 HB 1201 HB 1202 HB 1203 HB 1204 HB 1205 HB 1206 HB 1207 HB 1208 HB 1209 HB 1210 HB 1211 HB 1212 HB 1213 HB 1214 HB 1215 HB 1222 HB 1238 HB 1239 HB 1240 HR 1201 HR 1223 Representative Walker of the 107th District, Chairman of the Committee on Human Relations and Aging, submitted the following report: Mr. Speaker: Your Committee on Human Relations and Aging has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 959 Do Pass Respectfully submitted, /s/ Walker of the 107th 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 FRIDAY, FEBRUARY 3, 2006 401 the House and has instructed me to report the same back to the House with the following recommendation: HB 1069 Do Pass, by Substitute Respectfully submitted, /s/ Rice of the 51st Chairman Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: Mr. Speaker: Your Committee on Judiciary Non-Civil has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 57 Do Pass, by Substitute Respectfully submitted, /s/ Ralston of the 7th 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 1159 Do Pass HB 1161 Do Pass HB 1186 Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman The following report of the Committee on Rules was read and adopted: 402 JOURNAL OF THE HOUSE HOUSE RULES CALENDAR FRIDAY, FEBRUARY 3, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 13th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 476 Superior Court Clerks' Retirement; amend provisions HB 1085 Finfish; certain species; open seasons, creel, and possession limits; amend Modified Open Rule HB 1026 Supplemental appropriations; FY 2005-2006 Modified Structured Rule None Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 1159. By Representatives Amerson of the 9th and Reece of the 27th: A BILL to be entitled an Act to amend an Act creating the Board of Elections and Registration of Lumpkin County, approved June 3, 2003 (Ga. L. 2003, p. 4354), so as to change certain provisions relating to duties of the board; to change certain provisions relating to appointment and terms of office of FRIDAY, FEBRUARY 3, 2006 403 members; to change certain provisions relating to qualifications of members; to change certain provisions relating to vacancies; to provide for removal of members; to change certain provisions regarding appointment and duties of the election supervisor and chief registrar; to 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 1161. By Representatives Greene of the 149th and Hanner of the 148th: A BILL to be entitled an Act to create the Southwest Georgia Technology Authority, so as to provide for communication systems projects in Clay, Quitman, Randolph, and Stewart counties; to provide for a short title; to provide for definitions; to provide for membership; to provide for a governing board and its terms, organization, vacancies, and meetings; to provide for the powers and duties of the authority; to provide for services, procurement, and bonding; to provide for revenue bonds and their form, interest rates, denominations, payment, signatures, negotiability, exemption from taxation, sale, proceeds, interim bonds, and replacement; to provide for conditions for issuance of bonds and that they will not constitute certain debts; to provide for trust indentures, sinking fund, and payment of proceeds; 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 1186. By Representatives Teilhet of the 40th, Tumlin of the 38th, Johnson of the 37th, Manning of the 32nd, Wix of the 33rd and others: A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3609), so as to change the compensation of the judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes. 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. 404 JOURNAL OF THE HOUSE On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton E Black Bordeaux Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter 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 Y Dodson Dollar Y Drenner Dukes Y Ehrhart Y England Epps Y Everson Y Fleming Y 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 Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E E Hudson Y Hugley Jackson Jacobs James Y Jamieson Y Jenkins Y Jennings 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 Lord Y Loudermilk Y Lucas Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Maxwell May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver O'Neal Orrock E Parham Y Parrish Y Parsons Y Porter Powell Y Ralston Randall E Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Scott, A Y Scott, M Setzler 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 E Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bills, the ayes were 129, nays 0. The Bills, having received the requisite constitutional majority, were passed. 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: FRIDAY, FEBRUARY 3, 2006 405 SB 202. By Senator Wiles of the 37th: A BILL to be entitled an Act to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to provide for additional grant certification requirements with respect to subrecipients and units of local government; to repeal conflicting laws; and for other purposes. SB 241. By Senators Shafer of the 48th, Staton of the 18th, Cagle of the 49th, Heath of the 31st and Douglas of the 17th: A BILL to be entitled an Act to amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, relating to electronic records and signatures, so as change provisions relating to the legal effect of electronic records and signatures; to change provisions relating to notarized documents; to amend Code Section 15-10-53 of the Official Code of Georgia Annotated, relating to filing documents by electronic means, so as to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 394. By Senators Staton of the 18th, Shafer of the 48th, Chance of the 16th, Douglas of the 17th, Chapman of the 3rd and others: A BILL to be entitled an Act to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems security, so as to prohibit persons from using the Internet or electronic mail to induce another to provide identifying information by falsely representing themselves to be a business without the authority or approval of the business; to provide definitions; to provide for penalties and sanctions; to provide for civil actions; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 398. By Senator Harp of the 29th: A BILL to be entitled an Act to amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at the time of a crime, so as to change certain provisions relating to the courts instructions; to revise procedures related to psychiatric evaluations of defendants; to provide for a timeframe for forwarding the examination report to the Department of Corrections; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 408. By Senators Hill of the 32nd, Rogers of the 21st and Smith of the 52nd: 406 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions for preservation of evidence in criminal proceedings may be taken, so as to provide for the preservation of evidence of certain nationals of foreign states who have not been lawfully admitted for permanent residence in the United States; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 435. By Senators Thomas of the 54th and Harp of the 29th: A BILL to be entitled an Act to amend Code Section 49-3-3 of the Official Code of Georgia Annotated, relating to county directors of family and children services, so as to change certain provisions relating to the appointment of the county directors; to repeal conflicting laws; and for other purposes. SB 440. By Senators Hamrick of the 30th, Harp of the 29th, Kemp of the 46th, Shafer of the 48th and Schaefer of the 50th: A BILL to be entitled an Act to amend Title 20 of the O.C.G.A., relating to education, so as to eliminate the to Construction Reserve Trust Fund and the appropriation of lottery funds to the fund; to eliminate the use of lottery funds for teacher training in computers and technology; to eliminate the use of lottery funds by the board of regents for training professors and instructors in computers and technology; to eliminate the use of lottery funds by the Department of Technical and Adult Education for training teachers in computers and technology; to amend Code Section 50-27-3 of the O.C.G.A., relating to definitions regarding the lottery for education, so as to provide that the term "educational purposes and programs" shall not include capital outlay projects for educational facilities and teacher training in computers and technology; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 476. By Representatives Mumford of the 95th and Cummings of the 16th: A BILL to be entitled an Act to amend Chapter 14 of Title 47 of the O.C.G.A., relating to the Superior Court Clerks Retirement Fund of Georgia, so as to provide that membership dues in such fund shall be due on the first day of each month; to increase the amount of such dues; to provide that no creditable service shall be granted for months in which dues payments are in arrears; to increase a certain fee; to provide that a certain percentage of fines FRIDAY, FEBRUARY 3, 2006 407 and forfeitures shall be due on the first day of each month; to provide for spouses benefits; to provide that the board of governors of such retirement fund shall be authorized to provide for a surviving spouses benefit in the event of the death of a member who would be eligible to receive a retirement benefit but for reaching the age of 55; to provide conditions under which such benefit may be granted; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. 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 E Black Bordeaux Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Crawford Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E E Hudson Y Hugley Jackson Jacobs 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 Y Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Maxwell May Y McCall E McClinton Y Meadows Millar N Mills Mitchell Y Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall E 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 Y Scott, M Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M E Thomas, B Y Tumlin N Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, R Wix Y Yates Richardson, Speaker 408 JOURNAL OF THE HOUSE On the passage of the Bill, the ayes were 139, nays 4. The Bill, having received the requisite constitutional majority, was passed. Representatives Dukes of the 150th, Epps of the 128th, Mangham of the 94th, and Stanley-Turner of the 53rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1085. By Representatives Lane of the 158th, Day of the 163rd, Hill of the 180th, Williams of the 165th, Lane of the 167th and others: A BILL to be entitled an Act to amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, so as to change certain provisions relating to tripletail fish; to 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 E 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 Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Epps Y Everson 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 Hill, C.A Y Holmes Y Holt Horne Y Houston Y Howard, E E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar 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 E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler 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 Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren FRIDAY, FEBRUARY 3, 2006 409 Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Henson Y Hill, C Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox Mangham Y Manning Y Marin E 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 Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Dukes of the 150th, Jacobs of the 80th, Mangham of the 94th, and Stanley-Turner of the 53rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1026. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006, known as the "General Appropriations Act," approved May 10, 2005 (Ga. L. 2005, p. 1319). The following Committee substitute was read: A BILL To amend an Act providing appropriations for the State Fiscal Year 2005-2006 known as the "General Appropriations Act" approved May 10, 2005 (Ga. L. 2005, p. 1319), so as to change certain appropriations for the State Fiscal Year 2005-2006; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: An Act providing appropriations for the State Fiscal Year 2005-2006, as amended, known as the "General Appropriations Act" approved May 10, 2005 (Ga. L. 2005, p. 1319), is further amended by striking everything following the enacting clause through Section 59, and by substituting in lieu thereof the following: That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006, as prescribed hereinafter for such fiscal year: 410 JOURNAL OF THE HOUSE Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other 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 Community Mental Health Services Block Grant Prevention and Treatment of Substance Abuse Block Grant Federal Highway Administration Highway Planning and Construction Federal Transit Administration Capital Investment Grants Research Funds Indigent Care Trust Fund - Public Hospital Authorities State Children's Insurance Program Community Services Block Grant Low-Income Home Energy Assistance TANF Block Grant Unobligated Balance TANF Block Grant Transfers to Social Services Block Grant TANF Block Grant Transfers to Child Care Development Fund Records Center Storage Fee State Funds Lottery Funds Tobacco Funds State Motor Fuel Other State Funds State General Funds Intra-State Government Transfers Health Insurance Payments $30,123,006,502 $12,272,459,701 $2,271,476,489 $1,551,334,109 $286,126,588 $316,508,505 $55,368,733 $74,859,031 $71,692,910 $17,348,033 $4,425,761,219 $4,203,960 $12,840,422 $50,960,435 $1,100,000,000 $12,858,431 $1,577,890,758 $150,859,344 $182,483,580 $17,185,183 $18,970,241 $20,000,000 $23,602,496 $29,700,000 $429,234 $17,850,546,801 $811,629,758 $156,626,752 $850,940,019 $3,767,039 $16,027,583,233 $2,758,946,996 $2,211,159,749 FRIDAY, FEBRUARY 3, 2006 411 Other Intra-State Government Payments Retirement Payments Self Insurance Trust Fund Payments Optional Medicaid Services Payments Governor's Emergency Funds $67,684,679 $42,747,938 $117,729,730 $319,588,258 $36,642 Section 1: Georgia Senate Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $9,715,183 $0 $9,715,183 $9,715,183 $0 $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 Total Funds State Funds State General Funds $6,689,602 $6,689,602 $6,689,602 Senate Budget and Evaluation Office 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 Federal and Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $17,216,615 $0 $17,216,615 $17,216,615 $0 $0 412 JOURNAL OF THE HOUSE Georgia 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 $10,154,263 Federal and Other Funds $0 State Funds $10,154,263 State General Funds $10,154,263 Intra-State Government Transfers $0 Other Fund Sources $0 Ancillary Activities To provide services for the legislative branch of government. Total Funds State Funds State General Funds $4,933,862 $4,933,862 $4,933,862 Legislative Fiscal Office 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 Office of Legislative Counsel 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 Federal and Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $29,814,719 $0 $29,814,719 $29,814,719 $0 $0 Departmental Administration To provide administrative support to all Department programs. FRIDAY, FEBRUARY 3, 2006 413 Total Funds State Funds State General Funds $1,596,639 $1,596,639 $1,596,639 Financial Audits 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 $22,551,474 State Funds $22,551,474 State General Funds $22,551,474 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $22,831,899 $22,831,899 Reduce funding for Personal Services. ($280,425) ($280,425) Amount appropriated in this Act $22,551,474 $22,551,474 Information Systems Audits 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 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 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 To establish an equalized adjusted property tax digest for each county and for the State 414 JOURNAL OF THE HOUSE as a whole for use in allocating State funds for public school systems. Total Funds State Funds State General Funds $2,052,514 $2,052,514 $2,052,514 Section 5: Appeals, Court of Total Funds Federal and Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $14,147,520 $90,000 $90,000 $14,057,520 $14,057,520 $0 $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 $14,147,520 Federal and Other Funds $90,000 Agency Funds $90,000 State Funds $14,057,520 State General Funds $14,057,520 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $12,537,586 $12,627,586 Provide additional funding for computer charges to meet projected expenditures. $27,998 $27,998 Provide additional personal services funding to meet projected expenditures. $15,814 $15,814 Provide funding for relocation and renovation of office space for administrative offices and 3 judges' offices. $1,126,122 $1,126,122 Provide funding for security cameras. $350,000 $350,000 Amount appropriated in this Act $14,057,520 $14,147,520 Section 6: Judicial Council Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers $13,307,498 $0 $13,307,498 $13,307,498 $0 FRIDAY, FEBRUARY 3, 2006 415 Other Fund Sources $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 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 $10,760,576 State Funds $10,760,576 State General Funds $10,760,576 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $10,629,370 $10,629,370 Provide funding for personal security summit. $10,000 $10,000 Provide matching grant funding for Child Support Judicial Liaison. $121,206 $121,206 Amount appropriated in this Act $10,760,576 $10,760,576 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 $800,000 416 JOURNAL OF THE HOUSE State Funds State General Funds $800,000 $800,000 Section 7: Juvenile Courts Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $6,292,039 $0 $6,292,039 $6,292,039 $0 $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 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 $4,772,938 State Funds $4,772,938 State General Funds $4,772,938 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,714,839 $4,714,839 Provide funding for increased request from Toombs Circuit. $10,430 $10,430 Provide funding for salary supplements as required by HB 334. $47,669 $47,669 Amount appropriated in this Act $4,772,938 $4,772,938 Section 8: Prosecuting Attorneys Total Funds Federal and Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $51,731,661 $1,767,046 $1,767,046 $49,964,615 $49,964,615 $0 FRIDAY, FEBRUARY 3, 2006 417 Other Fund Sources $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 Federal and Other 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 $6,039,167 State Funds $6,039,167 State General Funds $6,039,167 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Provide funds for 5 additional Assistant District Attorneys due to additional judgeships. $0 $0 Provide funds for 7 Victim Advocates. $0 $0 Provide for 3 positions in capital litigation group. $0 $0 Provide for annualizers and adjustments. $5,956,007 $5,956,007 Provide funding for interns. $83,160 $83,160 Amount appropriated in this Act $6,039,167 $6,039,167 Section 9: Public Defender Standards Council, Georgia Total Funds $42,214,098 Federal and Other Funds $1,972,832 Agency Funds $1,972,832 State Funds $40,241,266 Other State Funds $0 State General Funds $40,241,266 Intra-State Government Transfers $0 Other Fund Sources $0 418 JOURNAL OF THE HOUSE 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 persons charged with the death penalty after January 1, 2005, and provides t Total Funds $11,167,007 Federal and Other 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 $31,047,091 Federal and Other Funds $1,413,035 Agency Funds $1,413,035 State Funds $29,634,056 State General Funds $29,634,056 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $31,471,850 $32,884,885 Provide additional funds for positions added in circuits for five new judgeships. $162,206 $162,206 Reduce operations funding. ($2,000,000) ($2,000,000) Amount appropriated in this Act $29,634,056 $31,047,091 Section 10: Superior Courts Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $52,371,465 $0 $52,371,465 $52,371,465 $0 $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 FRIDAY, FEBRUARY 3, 2006 419 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 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Provide funding to replace funds removed by fiscal affairs transfer. $882,809 $882,809 Amount appropriated in this Act $882,809 $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 liaison between local and state courts. 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 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 $48,090,013 420 JOURNAL OF THE HOUSE Section 11: Supreme Court Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources Total Funds $7,647,980 $0 $7,647,980 $7,647,980 $0 $0 $7,647,980 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 Federal and Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments Other Fund Sources $13,182,656 $0 $0 $4,326,862 $4,326,862 $8,855,794 $8,855,794 $0 State Accounting Office 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 $13,182,656 State Funds $4,326,862 State General Funds $4,326,862 Intra-State Government Transfers $8,855,794 Other Intra-State Government Payments $8,855,794 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 3, 2006 421 Amount from prior Appropriation Act (HB 85) Increase per diem and fees to implement the Accounts Receivable initiative. Increase personal services ($264,000), computer charges ($1,006,858), and per diem and fees ($710,648) to implement the Consolidated Banking Initiative. Provide funding to analyze business processes in the finance and information technology areas and identify improvements and cost saving opportunities. Amount appropriated in this Act State Funds $1,723,889 $700,800 Total Funds $10,579,683 $700,800 $1,758,173 $1,758,173 $144,000 $4,326,862 $144,000 $13,182,656 Section 13: Administrative Services, Department of Total Funds $179,095,542 Federal and Other Funds $13,791,998 Federal Funds Not specifically Identified $0 Agency Funds $10,383,382 Other Funds $3,408,616 State Funds $28,039,601 State General Funds $28,039,601 Intra-State Government Transfers $137,263,943 Other Intra-State Government Payments $19,534,213 Self Insurance Trust Fund Payments $117,729,730 Other Fund Sources $0 Administration To provide administrative support to all department programs. Total Funds $5,548,950 Federal and Other Funds $2,030,008 Agency Funds $2,030,008 State Funds $3,518,942 State General Funds $3,518,942 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,514,361 $5,544,369 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,581 $4,581 Amount appropriated in this Act $3,518,942 $5,548,950 422 JOURNAL OF THE HOUSE Bulk Paper Sales To reduce cost through aggregation of demand for paper in bulk quantities. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $2,353,715 Eliminate the Bulk Paper and Service Contract Management programs. (Total Funds: $2,264,801) $0 ($2,261,523) Transfer 1 position and $92,192 in agency funds from the Bulk Paper program to the Surplus Property program. $0 ($92,192) Amount appropriated in this Act $0 $0 Fiscal Services To provide administrative functions and services necessary for the fulfillment of the responsibilities of the Superior Courts. Total Funds $307,228 Federal and Other Funds $307,228 Agency Funds $307,228 Fleet Management In conjunction with OPB, the program centralizes State government motor vehicle fleet management functions to ensure efficient and cost effective fleet operations and to minimize the life-cycle costs associated with vehicle ownership. Total Funds $2,465,295 Federal and Other Funds $2,465,295 Agency Funds $1,719,934 Other Funds $745,361 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $2,409,075 Transfer 1 position and $56,220 in agency funds from Service Contract Management to Fleet Management. $0 $56,220 Amount appropriated in this Act $0 $2,465,295 Mail and Courier To provide convenient, efficient, and cost effective services through aggregation of demand for Capitol Hill and metro area mail and package delivery services. FRIDAY, FEBRUARY 3, 2006 423 Total Funds $1,362,091 Federal and Other Funds $1,362,091 Agency Funds $1,164,259 Other Funds $197,832 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $1,281,259 Transfer $80,832 in real estate rentals from Service Contract Management to Mail and Courier. $0 $80,832 Amount appropriated in this Act $0 $1,362,091 Risk Management To provide 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 $19,534,213 Self Insurance Trust Fund Payments $117,729,730 Service Contract Management To provide customer cost avoidance for service contracts through aggregation of demand, competitive procurement, and contract management. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $140,330 Eliminate the Bulk Paper and Service Contract Management programs. (Total Funds: $2,264,801) $0 ($3,278) Transfer 1 position and $56,220 in agency funds from Service Contract Management program to Fleet Management program, and $80,832 in real estate rentals from Service Contract Management to Mail and Courier. $0 ($137,052) Amount appropriated in this Act $0 $0 424 JOURNAL OF THE HOUSE Space Management 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 State Purchasing To reduce cost through aggregation of purchasing demand for state and local governments and to provide fair and equitable access through open, structured competitive procurement. Total Funds $18,797,752 Federal and Other Funds $2,167,831 Agency Funds $147,831 Other Funds $2,020,000 State Funds $16,629,921 State General Funds $16,629,921 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $16,623,841 $18,791,672 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $6,080 $6,080 Amount appropriated in this Act $16,629,921 $18,797,752 Surplus Property To reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and local governments, qualifying non-profits, and to the public through auction. Total Funds $1,977,227 Federal and Other Funds $1,977,227 Agency Funds $1,885,035 Other Funds $92,192 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $1,885,035 Transfer 1 position and $92,192 in agency funds from the Bulk Paper program to the Surplus Property program. $0 $92,192 Amount appropriated in this Act $0 $1,977,227 FRIDAY, FEBRUARY 3, 2006 425 U. S. Post Office To provide convenient and cost-effective postal services to agencies and individuals. Total Funds $160,672 Federal and Other Funds $151,000 Agency Funds $151,000 State Funds $9,672 State General Funds $9,672 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,593 $160,593 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $79 $79 Amount appropriated in this Act $9,672 $160,672 The following appropriations are for agencies attached for administrative purposes. Payments to Georgia Building Authority 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 Georgia Technology Authority 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 $750,000 Federal and Other Funds $353,231 Other Funds $353,231 State Funds $396,769 State General Funds $396,769 Office of State Administrative Hearings To provide an impartial and independent forum for resolving disputes between the public and state agencies. Total Funds $4,322,773 Federal and Other Funds $601,308 Agency Funds $601,308 426 JOURNAL OF THE HOUSE State Funds $3,721,465 State General Funds $3,721,465 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,717,517 $4,318,825 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $3,948 $3,948 Amount appropriated in this Act $3,721,465 $4,322,773 State Properties Commission 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 $559,183 State Funds $559,183 State General Funds $559,183 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $558,553 $558,553 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $630 $630 Amount appropriated in this Act $559,183 $559,183 Office of Treasury and Fiscal Services 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 $2,731,822 Federal and Other Funds $2,376,779 Agency Funds $2,376,779 State Funds $355,043 State General Funds $355,043 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $354,569 $2,731,348 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $474 $474 Amount appropriated in this Act $355,043 $2,731,822 FRIDAY, FEBRUARY 3, 2006 427 Health Planning Review Board To review decisions made by hearing officers. Total Funds State Funds State General Funds $60,473 $60,473 $60,473 Agency for the Removal of Hazardous Materials 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 Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $51,378,095 $8,734,010 $7,076,968 $1,657,042 $0 $42,644,085 $42,644,085 $0 $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. Consumer Protection To ensure a safe food supply, ensure a safe and healthy supply of agricultural products, ensure accurate commercial transactions that utilize weighing and measuring devices and to protect animal health (production, equine & companion) for the Citizens of Georgia. Total Funds $28,163,370 Federal and Other Funds $7,611,373 Federal Funds Not specifically Identified $7,020,116 Agency Funds $591,257 State Funds $20,551,997 State General Funds $20,551,997 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 428 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Increase funds to reflect an adjustment in the Workers' Compensation premiums. Increase the pay grade for plant protection field agents from eleven to twelve and plant protection supervisor from twelve to thirteen. Reduce funding to reflect savings from implementation of a new pest control certification testing program at Technical Colleges. Amount appropriated in this Act State Funds $20,634,327 $33,670 $0 ($116,000) $20,551,997 Total Funds $28,245,700 $33,670 $0 ($116,000) $28,163,370 Marketing and Promotion To expand sales of Georgia's commodities from growers by promoting them domestically and internationally. Total Funds $8,739,666 Federal and Other Funds $873,181 Federal Funds Not specifically Identified $19,076 Agency Funds $854,105 State Funds $7,866,485 State General Funds $7,866,485 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,857,881 $8,731,062 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $8,604 $8,604 Amount appropriated in this Act $7,866,485 $8,739,666 Administration To provide administrative support for all programs of the department. Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds State Funds State General Funds $7,844,699 $249,456 $37,776 $211,680 $7,595,243 $7,595,243 FRIDAY, FEBRUARY 3, 2006 429 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,967,006 $6,216,462 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $7,479 $7,479 Fund computer hardware to automate the weights inspection process. $115,000 $115,000 Provide computer hardware to automate the food safety inspection process. $392,236 $392,236 Replace 50 vehicles used by department inspectors in excess of 135,000 miles. $513,522 $513,522 Provide funds, to be matched by $1 million in private funding, to construct an addition to the livestock facility in Bainbridge. $600,000 $600,000 Amount appropriated in this Act $7,595,243 $7,844,699 The following appropriations are for agencies attached for administrative purposes. Athens/Tifton Veterinary Labs To ensure the safety of our food supply, the health of animals (production, equine and companion) and to protect public health as it relates to animals within the State of Georgia. Total Funds $3,271,132 State Funds $3,271,132 State General Funds $3,271,132 Poultry Veterinary Diagnostic Labs To provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza. Total Funds $3,359,228 State Funds $3,359,228 State General Funds $3,359,228 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,140,822 $3,140,822 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $210 $210 430 JOURNAL OF THE HOUSE Provide funds to cover FY 2006 salary increase for Poultry Vet Labs. Provide funds for a Liquid Handling System for Avian Influenza Virus Testing. Amount appropriated in this Act $48,196 $170,000 $3,359,228 $48,196 $170,000 $3,359,228 Section 15: Banking and Finance, Department of Total Funds $11,062,752 Federal and Other Funds $0 State Funds $11,062,752 State General Funds $11,062,752 Intra-State Government Transfers $0 Other Fund Sources $0 Chartering, Licensing and Applications/Non-mortgage Entities 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 $495,726 State Funds $495,726 State General Funds $495,726 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $495,504 $495,504 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $222 $222 Amount appropriated in this Act $495,726 $495,726 Consumer Protection and Assistance To assist consumers with problems encountered when dealing with department- regulated entities. Total Funds $516,095 State Funds $516,095 State General Funds $516,095 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $515,920 $515,920 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $175 $175 FRIDAY, FEBRUARY 3, 2006 431 Amount appropriated in this Act $516,095 $516,095 Administration Provide administrative support to all Department programs. Total Funds $1,645,919 State Funds $1,645,919 State General Funds $1,645,919 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,645,199 $1,645,199 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $720 $720 Amount appropriated in this Act $1,645,919 $1,645,919 Financial Institution Supervision 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 $6,665,959 State Funds $6,665,959 State General Funds $6,665,959 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,581,431 $6,581,431 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,913 $2,913 Replace 5 vehicles in excess of 135,000 miles. $81,615 $81,615 Amount appropriated in this Act $6,665,959 $6,665,959 Mortgage Supervision To protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and enforce applicable laws and regulations. Total Funds $1,739,053 State Funds $1,739,053 State General Funds $1,739,053 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 432 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act State Funds $1,738,299 $754 $1,739,053 Total Funds $1,738,299 $754 $1,739,053 Section 16: Community Affairs, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds Federal Transit Administration Capital Investment Grants State Funds Tobacco Funds State General Funds Intra-State Government Transfers Other Fund Sources $188,133,043 $104,661,288 $93,566,048 $10,831,688 $263,552 $0 $83,471,755 $47,123,333 $36,348,422 $0 $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 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. Administration The purpose is to provide administrative support for all programs of the department. Total Funds $4,579,551 Federal and Other Funds $2,498,773 Federal Funds Not specifically Identified $22,000 Agency Funds $2,476,773 State Funds $2,080,778 State General Funds $2,080,778 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 3, 2006 433 Amount from prior Appropriation Act (HB 85) Increase funds to reflect an adjustment in the Workers' Compensation premiums. Redistribute computer charges from multiple programs to the Administration program to more accurately reflect GTA rate structure adjustments. Amount appropriated in this Act State Funds $1,982,095 $3,092 $95,591 $2,080,778 Total Funds $4,480,868 $3,092 $95,591 $4,579,551 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 $451,617 Federal and Other Funds $171,722 Agency Funds $171,722 State Funds $279,895 State General Funds $279,895 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $279,403 $451,125 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $492 $492 Amount appropriated in this Act $279,895 $451,617 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 $3,783,686 State Funds $3,783,686 State General Funds $3,783,686 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,831,884 $3,831,884 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $3,310 $3,310 434 JOURNAL OF THE HOUSE Redistribute computer charges from multiple programs to the Administration program to more accurately reflect GTA rate structure adjustments. Amount appropriated in this Act ($51,508) $3,783,686 ($51,508) $3,783,686 Environmental Education and Assistance This program provides technical assistance, resource tools, and public education/outreach resources. Total Funds $973,163 State Funds $973,163 State General Funds $973,163 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $973,896 $973,896 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,306 $1,306 Redistribute computer charges from multiple programs to the Administration program to more accurately reflect GTA rate structure adjustments. ($2,039) ($2,039) Amount appropriated in this Act $973,163 $973,163 Federal Community & 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 $38,595,001 Federal and Other Funds $36,985,354 Federal Funds Not specifically Identified $36,985,354 State Funds $1,609,647 State General Funds $1,609,647 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,608,212 $38,593,566 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,632 $2,632 FRIDAY, FEBRUARY 3, 2006 435 Redistribute computer charges from multiple programs to the Administration program to more accurately reflect GTA rate structure adjustments. Amount appropriated in this Act ($1,197) $1,609,647 ($1,197) $38,595,001 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 Federal and Other Funds $4,014,155 Agency Funds $4,014,155 Local Assistance Grants This program covers various pass-thru funds assigned to DCA to be passed along to either "attached" agencies such as GRTA, GEFA, or Sports Hall of Fame, or via contracts as specified in the budget document. Total Funds $3,881,066 State Funds $3,881,066 State General Funds $3,881,066 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,881,066 $3,881,066 Provide funding for additional Local Assistance Grants. $0 $0 Amount appropriated in this Act $3,881,066 $3,881,066 Specific Grants Appropriated: (Grant LAG#1) To provide funding to the City of Milledgeville for the Silver Haired Legislature (Grant LAG#2) To provide funding to the City of Columbus for the Civil War Naval Museum (Grant LAG#3) To provide funding for emergency generator for the water system in Crawford County (Grant LAG#4) To provide funding to Pike County to join city and county systems at HWY 341 waterline for economic development business park $5,000 $30,000 $25,000 $300,000 436 JOURNAL OF THE HOUSE (Grant LAG#5) To provide funding to City of Lula for sewage treatment systems upgrade (Grant LAG#6) To provide funding to the City of Gainesville to renovate city storm drain (Grant LAG#7) To provide park and renovation funding in the City of St. Simons (Grant LAG#8) To provide funding for services for master development plan in Fannin County (Grant LAG#9) To provide funding to the City of Chickamauga for expansion to the public library (Grant LAG#10) To provide funding to the City of Harlem for Phase II of the sewer and waste pond repair (Grant LAG#11) To provide funding for site work development in Columbia County Industrial Park (Grant LAG#12) To provide funding to Columbia County library for technology improvements (Grant LAG#13) To provide funding to Autrey Mill for historical restoration in Fulton County (Grant LAG#14) To provide funding for services to the Official Transportation Museum in Duluth (Grant LAG#15) To provide funding for services for the Gwinnett County Neighborhood Leadership Institute (Grant LAG#16) To provide funding for engineering study plan for the Old Coweta County Courthouse (Grant LAG#17) To provide funds for a match to Hall County for the Phase II Economic Development project (Grant LAG#18) To provide funding for services in White County for the Appalachian Community Enterprises nonprofit small business incubator $125,000 $100,000 $155,500 $50,000 $100,000 $138,000 $140,566 $300,000 $250,000 $350,000 $35,000 $35,000 $100,000 $50,000 FRIDAY, FEBRUARY 3, 2006 (Grant LAG#19) To provide funding for partial roof replacement for Historic Oconee County Arts Foundation (Grant LAG#20) To provide funding for services in Warner Robbins for the Museum of Aviation (Grant LAG#21) To provide funding for park renovations at Lake Tobosofkee in Bibb County (Grant LAG#22) To provide funding for Hancock County for warehouse expansion at Saint Gobain (Grant LAG#23) To provide funding to Dodge County for the Heart of Georgia Airport Authority (Grant LAG#24) To provide funding for services for the City of Newnan for Economic Development (Grant LAG#25) To provide funding to the City of Savannah for Battlefield Park youth facility construction (Grant LAG#26) To provide funding for the Washington County school system to compensate for one-time loss of motor vehicle ad valorem tax revenue due to a shift in collections policy. (Grant LAG#27) To provide funding for improvements to the Loganville High School facility in Gwinnett County (Grant LAG#28) To provide funding for services to Forest Hills Elementary Community Coalition in Dekalb County (Grant LAG#29) To provide funding for restoration of the Old School Auditorium for Lanier County (Grant LAG#30) To provide funding for services to the City of Atlanta for Intergenerational Resource Center (Grant LAG#31) To provide funds for a match to the City of Byromville for Vienna Elementary after school program 437 $15,000 $35,000 $50,000 $150,000 $7,500 $20,000 $30,000 $125,000 $50,000 $15,000 $50,000 $25,000 $2,000 438 JOURNAL OF THE HOUSE (Grant LAG#32) To provide funding for the Oglethorpe County Agriculture Education Center (Grant LAG#33) To provide funding to Northeast Cobb County to expand senior center facility (Grant LAG#34) To provide funding to refurbish Live Oak Child Emergency Shelter in Carroll County (Grant LAG#35) To provide funds to Hall County for Health Access indigent care initiative (Grant LAG#36) To provide funding to the City of Tennille for renovations to the Police Department (Grant LAG#37) To provide funding for firehouse expansion in the City of Avery (Grant LAG#38) To provide funding for the City of Damascus for firehouse renovations (Grant LAG#39) To provide funding for services for Our House in Polk County (Grant LAG#40) To provide funding for the Boys and Girls Club in Polk County (Grant LAG#41) To provide funding for services to Warner Robbins for the Senior Citizen Center (Grant LAG#42) To provide funding to Houston County for assisting Drug Action Council (Grant LAG#43) To provide funding to Emanuel County Volunteer Fire Department for equipment (Grant LAG#44) To provide funding to Candler County Volunteer Fire Department for equipment (Grant LAG#45) To provide funding to Johnson County Volunteer Fire Department for equipment (Grant LAG#46) To provide funding to Upson County for construction and startup costs for Harbor House $50,000 $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 FRIDAY, FEBRUARY 3, 2006 439 (Grant LAG#47) To provide funding for Mitchell County Fire Department (Grant LAG#48) To provide funding to the City of Savannah for the Association of the Blind (Grant LAG#49) To provide funding to the City of Savannah for the Cardiovascular Center (Grant LAG#50) To provide funding to the Augusta Burn Center for indigent care $24,500 $15,000 $15,000 $250,000 Regional Services To assist in the marketing, development, and implementation of housing, community and economic development projects and services. Total Funds $3,132,820 State Funds $3,132,820 State General Funds $3,132,820 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,096,517 $3,096,517 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,930 $2,930 Redistribute computer charges from multiple programs to the Administration program to more accurately reflect GTA rate structure adjustments. ($1,627) ($1,627) Provide funds to repair hurricane damage to the Coastal Georgia Regional Development Center. $35,000 $35,000 Amount appropriated in this Act $3,132,820 $3,132,820 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 Federal and Other Funds $59,543,386 Federal Funds Not specifically Identified $56,546,807 Agency Funds $2,996,579 State Funds $3,287,829 440 JOURNAL OF THE HOUSE State General Funds $3,287,829 Research and Surveys To conduct surveys and collect financial/management data from local governments and authorities as directed by statute and as requested by local governments. Total Funds $630,246 State Funds $630,246 State General Funds $630,246 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $667,698 $667,698 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,044 $1,044 Redistribute computer charges from multiple programs to the Administration program to more accurately reflect GTA rate structure adjustments. ($38,496) ($38,496) Amount appropriated in this Act $630,246 $630,246 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 $1,191,592 State Funds $1,191,592 State General Funds $1,191,592 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,190,051 $1,190,051 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,083 $2,083 Redistribute computer charges from multiple programs to the Administration program to more accurately reflect GTA rate structure adjustments. ($542) ($542) Amount appropriated in this Act $1,191,592 $1,191,592 State Economic Development Program To facilitate and stimulate economic activity, private investment, and job creation by FRIDAY, FEBRUARY 3, 2006 441 various means including making loans and grants. Total Funds $7,213,467 Federal and Other Funds $11,887 Federal Funds Not specifically Identified $11,887 State Funds $7,201,580 State General Funds $7,201,580 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,201,762 $4,213,649 Increase funds for the State Economic Development program for critical economic development projects. $3,000,000 $3,000,000 Redistribute computer charges from multiple programs to the Administration program to more accurately reflect GTA rate structure adjustments. ($182) ($182) Amount appropriated in this Act $7,201,580 $7,213,467 The following appropriations are for agencies attached for administrative purposes. 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 $901,521 Federal and Other Funds $1,521 Other Funds $1,521 State Funds $900,000 State General Funds $900,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $700,000 $700,000 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $1,521 Fund a state energy plan to develop a statewide, comprehensive approach to energy efficiency and conservation planning. $200,000 $200,000 442 JOURNAL OF THE HOUSE Amount appropriated in this Act $900,000 $901,521 Payments to Georgia Regional Transportation Authority The purpose is to improve Georgia's mobility, air quality, and land use practices. Total Funds $4,363,228 State Funds $4,363,228 State General Funds $4,363,228 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,360,581 $4,360,581 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,647 $2,647 Amount appropriated in this Act $4,363,228 $4,363,228 Payments to OneGeorgia Authority The purpose is to provide funds for the OneGeorgia Authority. Total Funds Federal and Other Funds Other Funds State Funds Tobacco Funds $47,385,364 $262,031 $262,031 $47,123,333 $47,123,333 Payments to 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 Federal and Other Funds $1,172,459 Agency Funds $1,172,459 State Funds $3,032,892 State General Funds $3,032,892 Section 17: Community Health, Department of Total Funds $9,747,107,310 Federal and Other Funds $4,921,063,339 Federal Funds Not specifically Identified $500,000 Agency Funds $2,532,160 Other Funds $158,927,036 Medical Assistance Program $4,425,761,219 Indigent Care Trust Fund - Public Hospital Authorities $150,859,344 FRIDAY, FEBRUARY 3, 2006 443 State Children's Insurance Program State Funds Tobacco Funds State General Funds Intra-State Government Transfers Health Insurance Payments Optional Medicaid Services Payments Other Fund Sources $182,483,580 $2,295,295,964 $58,087,386 $2,237,208,578 $2,530,748,007 $2,211,159,749 $319,588,258 $0 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. Administration To provide administrative support to all departmental programs. Total Funds $334,266,118 Federal and Other Funds $252,053,803 Agency Funds $232,160 Other Funds $12,689,157 Medical Assistance Program $230,985,947 State Children's Insurance Program $8,146,539 State Funds $63,053,495 State General Funds $63,053,495 Intra-State Government Transfers $19,158,820 Health Insurance Payments $19,158,820 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $62,221,212 $308,047,110 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $7,283 $15,694 Use savings generated from Medicaid efficiencies (Medicaid Benefit Prior Year Reserves) to fully fund additional Medicaid needs. (Total Funds: $25,378,314) 444 JOURNAL OF THE HOUSE a) Enrollment Broker for Georgia Healthy Families (GHF) (Total Funds: $14,038,314; State Funds: $7,019,157) b) DHR contract Right from the Start Medicaid (RSM) (Total Funds: $7,600,000; State Funds: $3,800,000) c) Eligibility Review contract (Total Funds: $3,740,000; State Funds: $1,870,000) Redirect $2,091,785 in Medicaid Benefits into Program Administration and Support to fund additional costs associated with the Non-Emergency Transportation (NET) ($825,000). Use savings generated from Medicaid efficiencies (Medicaid Benefit Prior Year Reserves) to fully fund additional Medicaid needs. Properly align fund sources. Redirect $1,394,523 in Medicaid Benefits into Program Administration and Support to fund additional costs associated with the Medicaid Modernization ($550,000) contract. Amount appropriated in this Act $12,689,157 $825,000 ($12,689,157) $0 $0 $63,053,495 $25,378,314 $825,000 $0 $0 $0 $334,266,118 Health Care Access and Improvement To improve the health, wellness and access to healthcare for Georgians. Total Funds $7,437,464 Federal and Other Funds $1,149,838 Federal Funds Not specifically Identified $500,000 Agency Funds $100,000 Medical Assistance Program $549,838 State Funds $6,287,626 State General Funds $6,287,626 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,786,551 $6,436,389 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,075 $1,075 FRIDAY, FEBRUARY 3, 2006 445 Properly align fund sources. Provide funds for a pilot project in Liberty County with the Community Health Centers. Amount appropriated in this Act $0 $500,000 $6,287,626 $0 $1,000,000 $7,437,464 Indigent Care Trust Fund To support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. Total Funds $480,178,323 Federal and Other Funds $442,644,128 Agency Funds $2,200,000 Medical Assistance Program $289,584,784 Indigent Care Trust Fund - Public Hospital Authorities $150,859,344 State Funds $37,534,195 State General Funds $37,534,195 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $368,267,504 Reflect projected revenue from ambulance fees used to make payments to ambulance Providers in the Medicaid Program. $0 $5,578,093 Use savings generated from Medicaid efficiencies (CMO Provider Fees) to fully fund additional Medicaid needs. $21,534,195 $54,599,886 Support the operation of Hughes Spalding Children's Hospital. $2,000,000 $2,000,000 Adjust funding to reflect projected payments by Disproportionate Share Hospitals for uncompensated services to medically indigent Georgians. $0 $113,113,772 Eliminate funding in the Indigent Care Trust Fund from Disproportionate Share Hospital (DSH) payments used to support Right from the Start Medicaid (RSM) Benefit Expansion based on revised federal policy. $0 ($63,380,932) Fund the State share of the Disproportionate Share Hospital Program for private hospitals with uncompensated care. $14,000,000 $0 446 JOURNAL OF THE HOUSE Properly align fund sources. Amount appropriated in this Act $0 $37,534,195 $0 $480,178,323 Aged, Blind, and Disabled Medicaid To provide health care access primarily to elderly and disabled individuals. Total Funds $3,572,669,378 Federal and Other Funds $2,408,927,631 Other Funds $89,995,104 Medical Assistance Program $2,318,932,527 State Funds $893,586,576 Tobacco Funds $2,143,025 State General Funds $891,443,551 Intra-State Government Transfers $270,155,171 Optional Medicaid Services Payments $270,155,171 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $897,259,297 $3,586,371,934 Use savings generated from Medicaid efficiencies (Medicaid Benefit Projection) fully fund additional Medicaid needs. ($11,585,500) ($29,375,000) Redirect $2,091,785 in Medicaid Benefits into Program Administration and Support to fund additional costs associated with the Non-Emergency Transportation (NET) ($193,050) contract. ($193,050) ($489,478) Use savings generated from Medicaid efficiencies (Medicaid Benefit Prior Year Reserves) to fully fund additional Medicaid needs. ($88,268,433) $0 Add state funds to replace the loss of Upper Payment Limit (UPL) funds ($91,726,671) for Medicaid Benefit services for the Aged, Blind and Disabled. $90,000,000 $0 Add funds in Medicaid Benefits for additional costs associated with the federal Medicare Part D Clawback provision. $6,627,262 $16,803,402 Add funds to Medicaid Benefits for additional costs associated with savings estimates for FY2006 budget cuts different than appropriated. (Total Funds: $15,594,188) $0 $0 Properly align fund sources. $0 $0 FRIDAY, FEBRUARY 3, 2006 447 Redirect $1,394,523 in Medicaid Benefits into Program Administration and Support to fund additional costs associated with the Medicaid Modernization ($253,000) contract. Amount appropriated in this Act ($253,000) ($641,480) $893,586,576 $3,572,669,378 Low-Income Medicaid To improve healthcare access primarily to low-income individuals. Total Funds $2,631,194,046 Federal and Other Funds $1,495,430,146 Other Funds $56,242,775 Medical Assistance Program $1,439,187,371 State Funds $1,086,330,813 Tobacco Funds $50,973,656 State General Funds $1,035,357,157 Intra-State Government Transfers $49,433,087 Optional Medicaid Services Payments $49,433,087 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,085,234,722 $2,631,014,671 Use savings generated from Medicaid efficiencies (CMO Provider Fee) to fully fund additional Medicaid needs. ($21,534,195) ($54,599,886) Use savings generated from Medicaid efficiencies (Delay in CMO Implementation) to fully fund additional Medicaid needs. ($11,612,095) ($29,442,432) Use savings generated from Medicaid efficiencies (Medicaid Benefit Projection) to fully fund additional Medicaid needs. ($6,723,668) ($17,047,840) Transfer $2,025,041 in State Funds from DHR Community Services Adult program to the DCH Low Income Medicaid program to implement Georgia Healthy Families which serves Medicaid clients who receive mental health services. $2,025,041 $0 Add State Funds to replace the loss of Upper Payment Limit (UPL) Funds ($55,243,078) for Medicaid Benefit Services for pregnant women and children. $55,243,078 $0 448 JOURNAL OF THE HOUSE Use savings generated from Medicaid efficiencies (Medicaid Benefit Prior Year Reserves) to fully fund additional Medicaid needs. Add funds for additional costs to move from cash to the accrual basis in order to reimburse capitation payments to CMO providers. Add funds to LIM Medicaid Benefits and eliminate funds in Indigent Care Trust Fund for Right from the Start Medicaid (RSM) due to Federal policy changes in the Disproportionate Share Hospital (DSH) Program. Redirect $2,091,785 in Medicaid Benefits into Program Administration and Support to fund additional costs associated with the Non-Emergency Transportation (NET) ($631,950) contract. Properly align fund sources. Restore the dental codes cut in the FY 05 budget in the PeachCare dental budget using funds already included in the CMO rates as members move into risk-based managed care. Redirect $1,394,523 in Medicaid Benefits into Program Administration and Support to fund additional costs associated with the Medicaid Modernization ($297,000) contract. Amount appropriated in this Act ($56,242,775) $18,869,655 $22,000,000 ($631,950) $0 $0 ($297,000) $1,086,330,813 $0 $47,843,950 $55,780,933 ($1,602,307) $0 $0 ($753,043) $2,631,194,046 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 $245,807,928 Federal and Other Funds $146,520,752 Medical Assistance Program $146,520,752 State Funds $99,287,176 State General Funds $99,287,176 FRIDAY, FEBRUARY 3, 2006 449 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $100,229,284 $248,196,640 Reflect actual nursing home provider fee revenue in FY 2006. ($942,108) ($2,388,712) Amount appropriated in this Act $99,287,176 $245,807,928 PeachCare To improve access to healthcare for qualified low-income Georgia families. Total Funds $241,496,714 Federal and Other Funds $174,337,041 State Children's Insurance Program $174,337,041 State Funds $67,159,673 Tobacco Funds $4,970,705 State General Funds $62,188,968 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $67,159,673 $241,496,714 Restore the dental codes cut in the FY 05 budget in the PeachCare dental budget using funds already included in the CMO rates as members move into risk-based managed care. $0 $0 Amount appropriated in this Act $67,159,673 $241,496,714 State Health Benefit Plan To provide a healthcare benefit that is competitive with other commercial benefit plans in quality of care, access to providers and efficient management of provider fees and utilization. It is the intent of this General Assembly that the employer contribution rate for the teachers' and state employees' health benefit plan for calendar year 2006 shall not exceed 14.30%. Total Funds $2,192,000,929 Intra-State Government Transfers $2,192,000,929 Health Insurance Payments $2,192,000,929 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $1,959,882,468 450 JOURNAL OF THE HOUSE Increase funds to accurately reflect appropriated employer contributions and employee premiums for the State Health Benefit Plan. Amount appropriated in this Act $0 $232,118,461 $0 $2,192,000,929 The following appropriations are for agencies attached for administrative purposes. Composite Board of Medical Examiners To protect the public's health by ensuring healthcare practitioners are qualified to practice in the State of Georgia. Total Funds $2,136,842 State Funds $2,136,842 State General Funds $2,136,842 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,135,705 $2,135,705 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,137 $1,137 Amount appropriated in this Act $2,136,842 $2,136,842 Georgia Board for Physician Workforce, Administration To provide administrative support to all agency programs. Total Funds $533,497 State Funds $533,497 State General Funds $533,497 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $533,241 $533,241 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $256 $256 Amount appropriated in this Act $533,497 $533,497 Georgia Board for Physician Workforce, Graduate Medical Education To address the physician workforce needs of Georgia communities through the support and development of medical education programs. Total Funds $6,501,965 State Funds $6,501,965 FRIDAY, FEBRUARY 3, 2006 451 State General Funds $6,501,965 Georgia Board for Physician Workforce, Mercer School of Medicine The Mercer University School of Medicine Program of the GBPW helps ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with Mercer University School of Medicine. Total Funds $17,960,862 State Funds $17,960,862 State General Funds $17,960,862 Georgia Board for Physician Workforce, Morehouse School of Medicine The Morehouse School of Medicine Program of the GBPW helps ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with Morehouse School of Medicine. Total Funds $10,141,628 State Funds $10,141,628 State General Funds $10,141,628 Georgia Board for Physician Workforce, Undergraduate Medical Education To ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with certain private medical school in Georgia. Total Funds $3,428,706 State Funds $3,428,706 State General Funds $3,428,706 State Medical Education Board To provide and adequate supply of physicians in rural areas of the state; and to provide a program of aid to promising medical students. Total Funds $1,352,910 State Funds $1,352,910 State General Funds $1,352,910 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,352,788 $1,352,788 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $122 $122 Amount appropriated in this Act $1,352,910 $1,352,910 Section 18: Corrections, Department of Total Funds Federal and Other Funds $998,681,570 $31,013,739 452 JOURNAL OF THE HOUSE Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments Governor's Emergency Funds Other Fund Sources Indirect DOAS Funding $10,316,943 $20,679,666 $17,130 $967,631,189 $967,631,189 $36,642 $0 $36,642 $0 $0 Bainbridge PSATC To provide a sanctioning option for probationers who require more security and supervision than provided by regular community supervision. Total Funds $3,220,296 Federal and Other Funds $27,789 Federal Funds Not specifically Identified $20,743 Agency Funds $7,046 State Funds $3,192,507 State General Funds $3,192,507 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,226,673 $3,254,462 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,434 $4,434 Align contract funds to more accurately reflect program expenditures. $13,330 $13,330 Realign Personal Services to more accurately reflect projected program expenditures. ($51,930) ($51,930) Amount appropriated in this Act $3,192,507 $3,220,296 Compensation per General Assembly Resolutions To fund HR108 of the 2005 session. Total Funds $712,377 State Funds $712,377 State General Funds $712,377 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 3, 2006 453 Amount from prior Appropriation Act (HB 85) Provide full funding of an annuity for a wrongfully convicted inmate as required by HR 108. Amount appropriated in this Act State Funds $512,377 $200,000 $712,377 Total Funds $512,377 $200,000 $712,377 Jail Subsidy To provide funding to county and local jail facilities to house sentenced offenders awaiting to custody with the GDC. Total Funds $15,330,804 Federal and Other Funds $2,501,508 Federal Funds Not specifically Identified $2,501,508 State Funds $12,829,296 State General Funds $12,829,296 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,653,491 $12,154,999 Provide additional funds for County Subsidy for Jails. $3,175,805 $3,175,805 Amount appropriated in this Act $12,829,296 $15,330,804 Administration To protect and serve the citizens of Georgia by providing an effective and efficient department that administers a balanced correctional system. Total Funds $57,211,363 Federal and Other Funds $1,836,000 Federal Funds Not specifically Identified $1,836,000 State Funds $55,375,363 State General Funds $55,375,363 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $53,012,017 $54,848,017 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $74,732 $74,732 454 JOURNAL OF THE HOUSE Transfer funds from closing a Probation Detention Center to Inmate Release Funds ($134,028), Fuel Storage Tank Maintenance ($220,000), State Record Center storage ($60,963) and Medical Payments to County Correctional Institutions ($600,000). Align contract funds to more accurately reflect program expenditures. Realign Personal Services to more accurately reflect projected program expenditures. Transfer 1 position to the Georgia Peace Officer Standards and Training Council. Amount appropriated in this Act $0 ($214,569) $2,513,950 ($10,767) $55,375,363 $0 ($214,569) $2,513,950 ($10,767) $57,211,363 Probation Detention Centers 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 $44,882,995 Federal and Other Funds $3,441,131 Federal Funds Not specifically Identified $2,574,466 Agency Funds $863,917 Other Funds $2,748 State Funds $41,419,361 State General Funds $41,419,361 Intra-State Government Transfers $22,503 Governor's Emergency Funds $22,503 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $43,455,859 $47,166,724 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $64,266 $64,266 Redistribute funds from converting a Probation Detention Center to a State Prison Unit. ($1,340,431) ($1,374,863) Transfer funds from closing a Probation Detention Center to Inmate Release Funds ($134,028), Fuel Storage Tank Maintenance ($220,000), State Record Center storage ($60,963) and Medical FRIDAY, FEBRUARY 3, 2006 455 Payments to County Correctional Institutions ($600,000). Realign Personal Services to more accurately reflect projected program expenditures. Redistribute funds from closing a Probation Detention Center to open Long Inmate Boot Camp attached to Smith State Prison. Amount appropriated in this Act $0 $535,252 ($1,295,585) $41,419,361 $0 $535,252 ($1,508,384) $44,882,995 Food and Farm Operations To raise crops and livestock, and produce dairy items used in preparing meals for offenders. Total Funds $12,599,989 Federal and Other Funds $216,725 Federal Funds Not specifically Identified $22,000 Agency Funds $194,725 State Funds $12,383,264 State General Funds $12,383,264 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $12,407,740 $12,624,465 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $17,201 $17,201 Realign Personal Services to more accurately reflect projected program expenditures. ($41,677) ($41,677) Amount appropriated in this Act $12,383,264 $12,599,989 Health 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 $174,589,802 Federal and Other Funds $8,464,209 Agency Funds $8,464,209 State Funds $166,125,593 State General Funds $166,125,593 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $151,543,143 $160,007,352 456 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the Workers' Compensation premiums. Provide start-up and operating funds for 768 beds at 4 vacant Probation Detention Centers to be operated as State Prison units to reduce county jail backlogs and meet increased capacity needs. Provide start-up and operating funds for 918 additional beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. Transfer funds from closing a Probation Detention Center to Inmate Release Funds ($134,028), Fuel Storage Tank Maintenance ($220,000), State Record Center storage ($60,963) and Medical Payments to County Correctional Institutions ($600,000). Realign Personal Services to more accurately reflect projected program expenditures. Provide additional funds for Health Services Purchases. Provide start-up and operating funds for 1,348 temporary beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. Amount appropriated in this Act $218,015 $603,306 $782,532 $0 ($402,267) $11,181,124 $2,199,740 $166,125,593 $218,015 $603,306 $782,532 $0 ($402,267) $11,181,124 $2,199,740 $174,589,802 Offender Management To provide cost effective correctional services that ensures public safety. Total Funds $44,074,021 State Funds $44,074,021 State General Funds $44,074,021 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $44,118,606 $44,118,606 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $60,113 $60,113 Realign Personal Services to more accurately reflect projected program expenditures. ($104,698) ($104,698) FRIDAY, FEBRUARY 3, 2006 457 Transfer funds from closing a Probation Detention Center to Inmate Release Funds ($134,028), Fuel Storage Tank Maintenance ($220,000), State Record Center storage ($60,963) and Medical Payments to County Correctional Institutions ($600,000). Amount appropriated in this Act $0 $44,074,021 $0 $44,074,021 Parole Revocation Centers To provide a sanction for parole violations. Total Funds $3,897,416 Federal and Other Funds $59,648 Federal Funds Not specifically Identified $10,510 Agency Funds $49,138 State Funds $3,837,768 State General Funds $3,837,768 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,835,308 $3,894,956 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $5,307 $5,307 Realign Personal Services to more accurately reflect projected program expenditures. ($2,847) ($2,847) Amount appropriated in this Act $3,837,768 $3,897,416 Private Prisons To provide a cost effective correctional service that ensures public safety. Total Funds $75,919,412 State Funds $75,919,412 State General Funds $75,919,412 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $72,518,200 $72,518,200 Provide for a 3.5% CPI increase in the per diem rate for contracted prison beds and 470 additional inmates. $3,401,212 $3,401,212 Amount appropriated in this Act $75,919,412 $75,919,412 458 JOURNAL OF THE HOUSE Probation Diversion Centers 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 $14,995,811 Federal and Other Funds $3,084,490 Federal Funds Not specifically Identified $200,000 Agency Funds $2,884,490 State Funds $11,911,321 State General Funds $11,911,321 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $12,784,156 $16,172,848 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $22,036 $22,036 Realign Personal Services to more accurately reflect projected program expenditures. $249,324 $249,324 Redistribute funds from converting 2 Probation Diversion Centers to Transition Centers. ($1,144,195) ($1,448,397) To transfer the Dalton Diversion Center to the Department of Public Safety to develop as a training center. $0 $0 Amount appropriated in this Act $11,911,321 $14,995,811 Probation Supervision To supervise probationers. Total Funds $68,603,483 State Funds $68,603,483 State General Funds $68,603,483 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $68,632,697 $68,632,697 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $93,514 $93,514 Realign Personal Services to more accurately reflect projected program expenditures. ($122,728) ($122,728) Amount appropriated in this Act $68,603,483 $68,603,483 FRIDAY, FEBRUARY 3, 2006 459 State Prisons To house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment. Total Funds $460,443,172 Federal and Other Funds $11,382,239 Federal Funds Not specifically Identified $3,151,716 Agency Funds $8,216,141 Other Funds $14,382 State Funds $449,046,794 State General Funds $449,046,794 Intra-State Government Transfers $14,139 Governor's Emergency Funds $14,139 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $431,214,343 $442,582,200 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $603,032 $631,553 Redistribute funds from closing a Probation Detention Center to open Long Inmate Boot Camp attached to Smith State Prison. $1,112,481 $1,112,481 Redistribute funds from converting a Probation Detention Center to a State Prison Unit. $1,364,383 $1,364,383 Provide start-up and operating funds for 1,348 temporary beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. $1,437,327 $1,437,327 Provide start-up and operating funds for 768 beds at 4 vacant Probation Detention Centers to be operated as State Prison units to reduce county jail backlogs and meet increased capacity needs. $5,879,970 $5,879,970 Provide start-up and operating funds for 918 additional beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. $1,667,152 $1,667,152 Align contract funds to more accurately reflect program expenditures. $201,239 $201,239 Realign Personal Services to more accurately reflect projected program expenditures. ($2,620,028) ($2,620,028) 460 JOURNAL OF THE HOUSE Provide additional funds for increased utilities costs. Amount appropriated in this Act $8,186,895 $449,046,794 $8,186,895 $460,443,172 Transition Centers 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 $22,200,629 State Funds $22,200,629 State General Funds $22,200,629 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $20,313,455 $20,313,455 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $27,678 $27,678 Redistribute funds from converting 2 Probation Diversion Centers to Transition Centers. $1,752,136 $1,752,136 Realign Personal Services to more accurately reflect projected program expenditures. $47,649 $47,649 Provide start-up and operating funds for 918 additional beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. $59,711 $59,711 Amount appropriated in this Act $22,200,629 $22,200,629 Section 19: Defense, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $47,443,211 $38,953,005 $36,326,553 $2,626,452 $8,490,206 $8,490,206 $0 $0 Civil Support The purpose is to provide an all volunteer force to augment Georgia's organized militia, joint federal assistance, and encourage educational opportunities. Total Funds $9,038,873 Federal and Other Funds $5,670,709 FRIDAY, FEBRUARY 3, 2006 461 Federal Funds Not specifically Identified $5,670,709 State Funds $3,368,164 State General Funds $3,368,164 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,353,908 $9,024,617 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $14,256 $14,256 Amount appropriated in this Act $3,368,164 $9,038,873 Administration Provide administration to the organized militia in the State of Georgia. Total Funds $2,526,741 Federal and Other Funds $240,924 Federal Funds Not specifically Identified $102,133 Agency Funds $138,791 State Funds $2,285,817 State General Funds $2,285,817 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,275,222 $2,516,146 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $10,595 $10,595 Amount appropriated in this Act $2,285,817 $2,526,741 Facilities Management The purpose is to provide and maintain administrative and training facilities for the Georgia Army National Guard and Air National Guard that enhance readiness and are aesthetically pleasing within the community. Total Funds $35,034,253 Federal and Other Funds $32,676,372 Federal Funds Not specifically Identified $30,188,711 Agency Funds $2,487,661 State Funds $2,357,881 State General Funds $2,357,881 462 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,254,499 $34,630,871 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $3,382 $3,382 Increase regular operating expenses to expand and maintain facilities for the JSTARS unit at Robins Air Force Base. $100,000 $400,000 Amount appropriated in this Act $2,357,881 $35,034,253 Military Readiness The purpose is to provide a trained and ready military land force and 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 $843,344 Federal and Other Funds $365,000 Federal Funds Not specifically Identified $365,000 State Funds $478,344 State General Funds $478,344 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $475,776 $840,776 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,568 $2,568 Amount appropriated in this Act $478,344 $843,344 Section 20: Driver Services, Department of Total Funds Federal and Other Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources Indirect DOAS Funding $48,027,167 $715,075 $715,075 $47,312,092 $47,312,092 $0 $0 $0 Customer Service Support To administer the License Issuance and Regulatory Compliance programs. FRIDAY, FEBRUARY 3, 2006 463 Total Funds $8,540,351 State Funds $8,540,351 State General Funds $8,540,351 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,948,415 $4,948,415 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $6,477 $6,477 Transfer $3,585,459 from License Issuance to Customer Service Support. $3,585,459 $3,585,459 Amount appropriated in this Act $8,540,351 $8,540,351 License Issuance To facilitate the issuance of Georgia drivers license renewals through alternative methods. Total Funds $37,466,700 Federal and Other Funds $200,000 Other Funds $200,000 State Funds $37,266,700 State General Funds $37,266,700 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $41,924,451 $42,124,451 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $39,683 $39,683 Transfer $3,585,459 from License Issuance to Customer Service Support. ($3,585,459) ($3,585,459) Transfer the Driver's Education subprogram and $1,111,975 from License Issuance to Regulatory Compliance. ($1,111,975) ($1,111,975) Amount appropriated in this Act $37,266,700 $37,466,700 Regulatory Compliance To monitor and regulate the rules of the Alcohol and Drug Awareness Program for the teenagers in the state of Georgia. Total Funds $2,020,116 Federal and Other Funds $515,075 Other Funds $515,075 State Funds $1,505,041 464 JOURNAL OF THE HOUSE State General Funds $1,505,041 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $291,000 $806,075 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,066 $2,066 Transfer the Driver's Education subprogram and $1,111,975 from License Issuance to Regulatory Compliance. $1,111,975 $1,111,975 Add state funds to the Motorcycle Safety program. $100,000 $100,000 Amount appropriated in this Act $1,505,041 $2,020,116 Section 21: Early Care and Learning, Department of Total Funds $404,751,513 Federal and Other Funds $110,629,059 Federal Funds Not specifically Identified $110,474,059 Agency Funds $0 Other Funds $155,000 State Funds $294,122,454 Lottery Funds $290,081,308 State General Funds $4,041,146 Intra-State Government Transfers $0 Other Intra-State Government Payments $0 Other Fund Sources $0 Child Care Services 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 $7,631,401 Federal and Other Funds $3,590,255 Federal Funds Not specifically Identified $3,435,255 Other Funds $155,000 State Funds $4,041,146 State General Funds $4,041,146 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,030,671 $7,620,926 FRIDAY, FEBRUARY 3, 2006 465 Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act $10,475 $4,041,146 $10,475 $7,631,401 Nutrition To ensure that eligible children and adults receive USDA compliant meals. Total Funds $88,000,835 Federal and Other Funds $88,000,835 Federal Funds Not specifically Identified $88,000,835 Pre-Kindergarten Program To provide funding for providers who operate the Pre-K program. Total Funds Federal and Other Funds Federal Funds Not specifically Identified State Funds Lottery Funds $290,749,131 $667,823 $667,823 $290,081,308 $290,081,308 Quality Initiatives To ensure continuous improvement in the early care and education system. Total Funds $18,370,146 Federal and Other Funds $18,370,146 Federal Funds Not specifically Identified $18,370,146 Section 22: Economic Development, Department of Total Funds $31,587,369 Federal and Other Funds $20,244 Agency Funds $20,244 Other Funds $0 State Funds $31,567,125 Other State Funds $767,039 State General Funds $30,800,086 Intra-State Government Transfers $0 Other Fund Sources $0 Business Recruitment and Expansion To provide assistance to local communities and to the state to recruit, retain, and expand businesses in Georgia. Total Funds $6,805,269 State Funds $6,805,269 466 JOURNAL OF THE HOUSE State General Funds $6,805,269 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,783,664 $6,783,664 Provide funds to replace 2 motor vehicles for business recruitment activities. $56,000 $56,000 Realign staff and personal services funding to reflect agency reorganization efforts. ($34,395) ($34,395) Amount appropriated in this Act $6,805,269 $6,805,269 Administration To influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. Total Funds $6,269,533 State Funds $6,269,533 State General Funds $6,269,533 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,213,661 $6,213,661 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $8,555 $8,555 Realign staff and personal services funding to reflect agency reorganization efforts. $47,317 $47,317 Amount appropriated in this Act $6,269,533 $6,269,533 Film, Video and Music Increase industry awareness of Georgia business opportunities, infrastructure resources, and natural resources as it pertains to the film, video, and music industry. Total Funds $894,337 State Funds $894,337 State General Funds $894,337 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,012,337 $1,012,337 Realign staff and personal services funding to reflect agency reorganization efforts. ($118,000) ($118,000) Amount appropriated in this Act $894,337 $894,337 FRIDAY, FEBRUARY 3, 2006 467 International Relations and Trade 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 $2,011,980 State Funds $2,011,980 State General Funds $2,011,980 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,056,980 $2,056,980 Realign staff and personal services funding to reflect agency reorganization efforts. ($45,000) ($45,000) Amount appropriated in this Act $2,011,980 $2,011,980 Innovation and Technology To lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia. Total Funds $1,513,914 State Funds $1,513,914 State General Funds $1,513,914 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,563,914 $1,563,914 Realign staff and personal services funding to reflect agency reorganization efforts. ($50,000) ($50,000) Amount appropriated in this Act $1,513,914 $1,513,914 Small and Minority Business Development Guidance and support to agencies in maximizing access to state business opportunities for small and minority businesses. Total Funds $884,476 Federal and Other Funds $20,244 Agency Funds $20,244 State Funds $864,232 State General Funds $864,232 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 468 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Realign staff and personal services funding to reflect agency reorganization efforts. Amount appropriated in this Act State Funds $924,154 ($59,922) $864,232 Total Funds $944,398 ($59,922) $884,476 Music Hall of Fame To preserve Georgia's rich musical heritage. Total Funds $767,466 State Funds $767,466 Other State Funds $767,039 State General Funds $427 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $767,039 $767,039 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $427 $427 Amount appropriated in this Act $767,466 $767,466 Tourism To provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. Total Funds $11,356,169 State Funds $11,356,169 State General Funds $11,356,169 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $11,096,169 $11,096,169 Realign staff and personal services funding to reflect agency reorganization efforts. $260,000 $260,000 Amount appropriated in this Act $11,356,169 $11,356,169 The following appropriations are for agencies attached for administrative purposes. Payments to Georgia Sports Hall of Fame Authority To preserve and interpret the history of sports in Georgia. Total Funds $725,540 FRIDAY, FEBRUARY 3, 2006 469 State Funds $725,540 State General Funds $725,540 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $725,060 $725,060 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $480 $480 Amount appropriated in this Act $725,540 $725,540 Payments to Aviation Hall of Fame Authority To preserve and interpret the history of Aviation in Georgia. Total Funds State Funds State General Funds $50,000 $50,000 $50,000 Payments to Georgia Medical Center Authority To provide funds to the Georgia Medical Center Authority. Total Funds State Funds State General Funds $250,000 $250,000 $250,000 Payments to Georgia Music Hall of Fame Authority To preserve Georgia's rich musical heritage. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $767,039 Establish the Music Hall of Fame program by transferring $767,039 in state general funds from Payments to Georgia Music Hall of Fame Authority and adjust for an overstatement of $767,039 in other non- state funds. $0 ($767,039) Amount appropriated in this Act $0 $0 Payments to Georgia Golf Hall of Fame Authority To preserve and interpret the history of Golf in Georgia. Total Funds State Funds State General Funds $58,685 $58,685 $58,685 470 JOURNAL OF THE HOUSE Section 23: Education, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $7,770,380,440 $1,155,406,308 $1,113,015,001 $42,391,307 $6,614,974,132 $6,614,974,132 $0 $0 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,429.42. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. Academic Coach 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 $3,679,132 State Funds $3,679,132 State General Funds $3,679,132 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,899,132 $3,899,132 Adjust personal services for the Science Mentor subprogram to recognize actual start dates for employees. ($220,000) ($220,000) Amount appropriated in this Act $3,679,132 $3,679,132 Agricultural Education 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 Federal and Other Funds $576,577 Federal Funds Not specifically Identified $126,577 Other Funds $450,000 State Funds $7,423,422 State General Funds $7,423,422 FRIDAY, FEBRUARY 3, 2006 471 Central Office To act as a service oriented agency supporting local school districts. Total Funds $81,343,245 Federal and Other Funds $45,079,858 Federal Funds Not specifically Identified $38,180,833 Other Funds $6,899,025 State Funds $36,263,387 State General Funds $36,263,387 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $34,924,681 $80,004,539 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $33,870 $33,870 Add funds for a consultant contract for the Governor's Education Finance Taskforce. $100,000 $100,000 Eliminate funding for the Global Achievers contract. ($30,000) ($30,000) Reimburse local school systems for taxes charged on the purchase of materials for infrastructure. $1,234,836 $1,234,836 Amount appropriated in this Act $36,263,387 $81,343,245 Charter Schools 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 Federal and Other 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 $1,320,623 472 JOURNAL OF THE HOUSE Curriculum Development 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 Equalization To provide 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 $384,564,147 State Funds $384,564,147 State General Funds $384,564,147 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $371,657,510 $371,657,510 Provide a correction to Equalization Grant funding to properly reflect millage increases. $5,112,596 $5,112,596 Provide a mid-term adjustment for Equalization Grants. $7,794,041 $7,794,041 Amount appropriated in this Act $384,564,147 $384,564,147 Federal Programs To coordinate federally funded programs and allocate federal funds to school systems. Total Funds $817,561,039 Federal and Other Funds $817,561,039 Federal Funds Not specifically Identified $817,561,039 Foreign Language To provide funds to schools for foreign language instruction. Total Funds State Funds State General Funds $1,590,857 $1,590,857 $1,590,857 Fund Accounting Total Funds State Funds State General Funds $8,500,000 $8,500,000 $8,500,000 FRIDAY, FEBRUARY 3, 2006 473 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Provide a fund accounting system for local school systems. $8,500,000 $8,500,000 Amount appropriated in this Act $8,500,000 $8,500,000 Georgia Learning Resources System (GLRS) To provide training and resources to educators and parents of students with disabilities through a network of centers around the state. Total Funds $5,117,573 Federal and Other Funds $5,117,573 Federal Funds Not specifically Identified $5,117,573 Georgia Virtual School To provide high school students throughout the state the opportunity to engage in learning that would otherwise be unavailable to them due to lack of certified teachers or size of student population and/or school enrollment. Total Funds $1,385,000 State Funds $1,385,000 State General Funds $1,385,000 Georgia Youth Science and Technology Centers To increase interest and enthusiasm in science, math 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 To provide intellectually gifted and artistically talented high school students challenging and enriching educational opportunities not usually available to them during the regular school year. Total Funds $1,416,743 State Funds $1,416,743 State General Funds $1,416,743 IT Services To collect and report accurate data through the development and maintenance of webenabled applications. 474 JOURNAL OF THE HOUSE Total Funds State Funds State General Funds $7,496,550 $7,496,550 $7,496,550 Local Five Mill Share 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 ($1,334,870,641) State Funds ($1,334,870,641) State General Funds ($1,334,870,641) The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) ($1,335,476,389) ($1,335,476,389) Adjust funding for Local Five Mill Share for school systems with declining tax digests. $605,748 $605,748 Amount appropriated in this Act ($1,334,870,641) ($1,334,870,641) National Board Certification To provide the ten percent salary increase for National Board Certified teachers to local systems (jointly administered between the Department of Education and the Professional Standards Commission). Total Funds $11,038,035 State Funds $11,038,035 State General Funds $11,038,035 National Science Center and Foundation To provide funding to both the National Science Center at Fort Discovery and the National Science Center Foundation, Inc. to promote students' interest in mathematics and science. Total Funds $1,416,750 State Funds $1,416,750 State General Funds $1,416,750 Non-QBE Programs 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 FRIDAY, FEBRUARY 3, 2006 475 Nutrition 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 Federal and Other 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 To provide early intervention so students with disabilities will enter school with the skills to succeed. Total Funds $24,008,490 State Funds $24,008,490 State General Funds $24,008,490 Principal Supplements To provide supplements to principals, the amount being determined by the funding formula. Total Funds $5,361,125 State Funds $5,361,125 State General Funds $5,361,125 Pupil Transportation To assist local school systems in their efforts to provide safe and efficient transportation for students to and from school and school related activities. Total Funds $163,353,875 State Funds $163,353,875 State General Funds $163,353,875 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $158,353,875 $158,353,875 Add funds to Pupil Transportation for increased fuel costs. $5,000,000 $5,000,000 Amount appropriated in this Act $163,353,875 $163,353,875 QBE Program To provide funds to school systems for the instruction of students in grades K-12 to ensure that Georgia's students are academically prepared for further education and the workplace. 476 JOURNAL OF THE HOUSE Total Funds $6,823,366,863 State Funds $6,823,366,863 State General Funds $6,823,366,863 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,677,381,942 $6,677,381,942 Provide mid-term adjustment for enrollment growth of 2.5%. $144,984,921 $144,984,921 Provide funds to correct an error in the FTE count for the middle school and middle grades programs. $1,000,000 $1,000,000 Amount appropriated in this Act $6,823,366,863 $6,823,366,863 Regional Education Service Agencies (RESAs) To provide Georgia's 16 Regional Education Service Agencies (RESAs) with shared services to improve the effectiveness of educational programs and services of local school systems. Total Funds $11,473,253 State Funds $11,473,253 State General Funds $11,473,253 School Improvement 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 (AYP). Total Funds $11,736,228 Federal and Other Funds $100,000 Other Funds $100,000 State Funds $11,636,228 State General Funds $11,636,228 School Nurses To provide appropriate health procedures to allow students to remain in school and increase opportunities for academic success. Total Funds $30,000,000 Federal and Other Funds $30,000,000 Other Funds $30,000,000 Severely Emotionally Disturbed (SED) To provide comprehensive special education and related services for students with FRIDAY, FEBRUARY 3, 2006 477 severe emotional/behavioral disorders. Total Funds Federal and Other Funds Federal Funds Not specifically Identified State Funds State General Funds $72,408,795 $7,724,112 $7,724,112 $64,684,683 $64,684,683 State Interagency Transfers To provide health insurance to retired teachers and non certified personnel and to pass through funding via a contract. Total Funds $270,480,390 Federal and Other 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 Program 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 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 $19,988,038 Federal and Other Funds $932,715 Other Funds $932,715 State Funds $19,055,323 State General Funds $19,055,323 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $18,875,323 $19,808,038 Provide a covered walkway for the Georgia Academy for the Blind. $180,000 $180,000 Amount appropriated in this Act $19,055,323 $19,988,038 478 JOURNAL OF THE HOUSE Technology/Career Education To equip students with academic, technical and leadership skills. Total Funds Federal and Other Funds Federal Funds Not specifically Identified Other Funds State Funds State General Funds $39,872,754 $24,616,113 $20,606,546 $4,009,567 $15,256,641 $15,256,641 Testing To adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program. Total Funds $28,414,020 Federal and Other Funds $9,704,191 Federal Funds Not specifically Identified $9,704,191 State Funds $18,709,829 State General Funds $18,709,829 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $17,709,829 $27,414,020 Provide funds to develop a modified assessment for students with persistent academic disabilities. $1,000,000 $1,000,000 Amount appropriated in this Act $18,709,829 $28,414,020 Tuition for Multi-Handicapped 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 24: Employees' Retirement System of Georgia Total Funds $28,229,398 Federal and Other Funds $3,131,264 Agency Funds $3,128,520 Other Funds $2,744 FRIDAY, FEBRUARY 3, 2006 479 State Funds State General Funds Intra-State Government Transfers Retirement Payments Other Fund Sources $5,112,647 $5,112,647 $19,985,487 $19,985,487 $0 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. Deferred Compensation To provide excellent service to participants in the deferred compensation program for all employees of the State, giving them an effective supplement for their retirement planning. Total Funds $3,128,520 Federal and Other Funds $3,128,520 Agency Funds $3,128,520 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $3,128,121 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $399 Amount appropriated in this Act $0 $3,128,520 Georgia Military Pension Fund 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 Employee's Retirement System 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 System Administration To collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. 480 JOURNAL OF THE HOUSE Total Funds $19,988,231 Federal and Other Funds $2,744 Other Funds $2,744 Intra-State Government Transfers $19,985,487 Retirement Payments $19,985,487 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $19,985,487 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $2,744 Amount appropriated in this Act $0 $19,988,231 Section 25: Forestry Commission, State Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $40,410,608 $6,270,129 $822,000 $5,448,129 $0 $34,140,479 $34,140,479 $0 $0 Administration Administers work force needs, handle purchasing, accounts receivable and payable, meet information technology needs, and provides oversight that emphasizes customer values and process innovation. Total Funds $4,321,526 Federal and Other Funds $173,027 Agency Funds $173,027 State Funds $4,148,499 State General Funds $4,148,499 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,798,610 $3,971,637 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $5,791 $5,791 Realign funds to properly reflect expenditures by transferring funds from Forest FRIDAY, FEBRUARY 3, 2006 481 Management, Forest Protection, Tree Seedling Nursery, and Tree Improvement programs to Administration program. Amount appropriated in this Act $344,098 $4,148,499 $344,098 $4,321,526 Forest Management The purpose is to survey 20% of permanently established forest survey plots annually to gather forest health and inventory data. Total Funds $3,560,233 Federal and Other Funds $1,176,038 Federal Funds Not specifically Identified $552,000 Agency Funds $627,500 Other Funds ($3,462) State Funds $2,384,195 State General Funds $2,384,195 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,624,712 $3,804,212 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,470 $4,470 Realign funds to properly reflect expenditures by transferring funds from Forest Management, Forest Protection, Tree Seedling Nursery, and Tree Improvement programs to Administration program. ($244,987) ($248,449) Amount appropriated in this Act $2,384,195 $3,560,233 Forest Protection The purpose is to protect the public and forest resources. Total Funds $30,594,428 Federal and Other Funds $2,920,137 Federal Funds Not specifically Identified $200,000 Agency Funds $2,676,611 Other Funds $43,526 State Funds $27,674,291 State General Funds $27,674,291 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 482 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Increase funds to reflect an adjustment in the Workers' Compensation premiums. Realign funds to properly reflect expenditures by transferring funds from Forest Management, Forest Protection, Tree Seedling Nursery, and Tree Improvement programs to Administration program. Replace 18 vehicles used in firefighting in excess of 135,000 miles. Fill 15 vacant firefighter positions to ensure that the commission can adequately respond to a moderate fire season. Fund commission-wide upgrades to communications equipment used in fighting fires. Provide funding for ongoing and deferred maintenance on firefighting equipment to prepare for a moderate fire season. Amount appropriated in this Act State Funds $25,575,110 $48,356 ($98,647) $642,000 $131,250 $500,000 $876,222 $27,674,291 Total Funds $28,451,721 $48,356 ($55,121) $642,000 $131,250 $500,000 $876,222 $30,594,428 Tree Improvement Provide a reliable quantity of high quality seedlings appropriate for planting in Georgia. Total Funds $118,659 State Funds $118,659 State General Funds $118,659 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $119,123 $119,123 Realign funds to properly reflect expenditures by transferring funds from Forest Management, Forest Protection, Tree Seedling Nursery, and Tree Improvement programs to Administration program. ($464) ($464) Amount appropriated in this Act $118,659 $118,659 Tree Seedling Nursery Producing adequate quantity of high quality forest tree seedlings for sale at reasonable FRIDAY, FEBRUARY 3, 2006 483 cost to Georgia landowners. Total Funds $1,815,762 Federal and Other Funds $2,000,927 Federal Funds Not specifically Identified $70,000 Agency Funds $1,970,991 Other Funds ($40,064) State Funds ($185,165) State General Funds ($185,165) The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) ($185,282) $1,855,709 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $117 $117 Realign funds to properly reflect expenditures by transferring funds from Forest Management, Forest Protection, Tree Seedling Nursery, and Tree Improvement programs to Administration program. $0 ($40,064) Amount appropriated in this Act ($185,165) $1,815,762 Section 26: Governor, Office of the Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds Tobacco Funds State Motor Fuel State General Funds Intra-State Government Transfers Other Fund Sources $45,987,202 $6,493,772 $5,603,227 $890,545 $0 $39,493,430 $0 $0 $39,493,430 $0 $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. 484 JOURNAL OF THE HOUSE Governor's Office 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 $5,059,384 State Funds $5,059,384 State General Funds $5,059,384 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,056,367 $5,056,367 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $3,017 $3,017 Amount appropriated in this Act $5,059,384 $5,059,384 Governor's Emergency Funds 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 Attached Agency Administration To provide administration services to various agencies. Total Funds $4,206,519 State Funds $4,206,519 State General Funds $4,206,519 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,961,364 $4,961,364 Transfer $754,845 from the Attached Agency Administration program to the Administration program ($340,939) and the Research and Management program ($413,906) to design and implement enterprise budget system. ($754,845) ($754,845) Amount appropriated in this Act $4,206,519 $4,206,519 Budget Management and Fiscal Policy To supply budgeting, policy management and revenue forecasting for the Office of the Governor. FRIDAY, FEBRUARY 3, 2006 485 Total Funds $2,167,426 State Funds $2,167,426 State General Funds $2,167,426 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,331,824 $2,331,824 Transfer $164,398 from the Budget Management and Fiscal Policy program and $200,924 from the Planning and Evaluation program to the Research and Management program ($365,322) to design and implement enterprise budget system. ($164,398) ($164,398) Amount appropriated in this Act $2,167,426 $2,167,426 Administration To provide the Governor with policymaking assistance in determining strategic and tactical plans for state agencies. Total Funds $1,866,485 State Funds $1,866,485 State General Funds $1,866,485 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,521,238 $1,521,238 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,308 $4,308 Transfer $754,845 from the Attached Agency Administration program to the Administration program ($340,939) and the Research and Management program ($413,906) to design and implement enterprise budget system. $340,939 $340,939 Amount appropriated in this Act $1,866,485 $1,866,485 Planning and Evaluation To provide capital budget planning and review; and to provide strategic and business planning services to the Office of the Governor. Total Funds $698,532 State Funds $698,532 486 JOURNAL OF THE HOUSE State General Funds $698,532 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $899,456 $899,456 Transfer $164,398 from the Budget Management and Fiscal Policy program and $200,924 from the Planning and Evaluation program to the Research and Management program ($365,322) to design and implement enterprise budget system. ($200,924) ($200,924) Amount appropriated in this Act $698,532 $698,532 Research and Management To provide policy and program research for the Office of the Governor, manage the state clearinghouse function, and provide database and technical support. Total Funds $2,367,703 State Funds $2,367,703 State General Funds $2,367,703 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,588,475 $1,588,475 Transfer $754,845 from the Attached Agency Administration program to the Administration program ($340,939) and the Research and Management program ($413,906) to design and implement enterprise budget system. $413,906 $413,906 Transfer $164,398 from the Budget Management and Fiscal Policy program and $ 200,924 from the Planning and Evaluation program to the Research and Management program ($365,322) to design and implement enterprise budget system. $365,322 $365,322 Amount appropriated in this Act $2,367,703 $2,367,703 The following appropriations are for agencies attached for administrative purposes. FRIDAY, FEBRUARY 3, 2006 487 Child Advocate, Office of the To provide independent oversight of persons, organizations, and agencies responsible for the protection and well-being of children. Total Funds $741,974 State Funds $741,974 State General Funds $741,974 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $716,356 $716,356 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $486 $486 Provide software for an electronic document management system providing efficient storage, management and retrieval of all agency documents. $25,132 $25,132 Realign personal services ($55,139) to more accurately reflect costs. $0 $0 Transfer $60,386 from the Investigations program to the Advocacy program and the Education program to accurately reflect personal services costs. $0 $0 Redistribute $6,070 from regular operating expenses in the Education program to personal services and real estate rents to allow for proper classification of expenses. $0 $0 Amount appropriated in this Act $741,974 $741,974 Consumer Affairs, Office of To protect consumers and legitimate business enterprises from unfair and deceptive business practices through the enforcement of the Fair Business Practices Act and other related consumer protection statutes. Total Funds $3,929,395 Federal and Other Funds $567,689 Agency Funds $567,689 State Funds $3,361,706 State General Funds $3,361,706 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,287,352 $3,855,041 488 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the Workers' Compensation premiums. Consolidate the Civil Law Enforcement and the Criminal Law Enforcement programs into the investigations program to more properly identify the nature of the activities. Allow servers to be moved to a proper data support facility. Provide 1 position and funding to implement a statewide customer service initiative. Amount appropriated in this Act $2,354 $0 $16,000 $56,000 $3,361,706 $2,354 $0 $16,000 $56,000 $3,929,395 Arts, Georgia Council for the To provide general operation support and project support grants for art organizations. Total Funds $4,626,208 Federal and Other Funds $725,524 Federal Funds Not specifically Identified $710,524 Agency Funds $15,000 State Funds $3,900,684 State General Funds $3,900,684 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,900,546 $4,626,070 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $138 $138 Amount appropriated in this Act $3,900,684 $4,626,208 Professional Standards Commission To direct the preparation, certification, professional discipline and recruitment of educators in Georgia. Total Funds $6,695,291 Federal and Other Funds $111,930 Federal Funds Not specifically Identified $111,930 State Funds $6,583,361 State General Funds $6,583,361 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 3, 2006 489 Amount from prior Appropriation Act (HB 85) Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act State Funds $6,579,840 $3,521 $6,583,361 Total Funds $6,691,770 $3,521 $6,695,291 Homeland Security, Office of 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 $510,295 State Funds $510,295 State General Funds $510,295 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $592,905 $592,905 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $390 $390 Reduce various object classes to reflect projected expenditures. ($83,000) ($83,000) Amount appropriated in this Act $510,295 $510,295 Inspector General, Office of the State To foster and promote accountability and integrity in state government by investigating and preventing fraud, waste and abuse. Total Funds $791,850 State Funds $791,850 State General Funds $791,850 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $791,432 $791,432 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $418 $418 Amount appropriated in this Act $791,850 $791,850 Georgia Emergency Management Agency 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. 490 JOURNAL OF THE HOUSE Total Funds $6,425,713 Federal and Other Funds $4,435,412 Federal Funds Not specifically Identified $4,127,556 Agency Funds $307,856 State Funds $1,990,301 State General Funds $1,990,301 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,989,168 $6,424,580 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,133 $1,133 Amount appropriated in this Act $1,990,301 $6,425,713 Student Achievement, Office of To improve student achievement and school completion in Georgia. Total Funds $1,402,487 Federal and Other Funds $266,000 Federal Funds Not specifically Identified $266,000 State Funds $1,136,487 State General Funds $1,136,487 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,135,864 $1,401,864 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $623 $623 Amount appropriated in this Act $1,136,487 $1,402,487 Commission on Equal Opportunity 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 $1,028,364 Federal and Other Funds $387,217 Federal Funds Not specifically Identified $387,217 State Funds $641,147 State General Funds $641,147 The above amounts include the following adjustments, additions, and deletions to the FRIDAY, FEBRUARY 3, 2006 previous appropriation act: Amount from prior Appropriation Act (HB 85) Increase funds to reflect an adjustment in the Workers' Compensation premiums. Reflect savings from relocation of office space. Amount appropriated in this Act State Funds $695,707 $440 ($55,000) $641,147 Section 27: Human Resources, Department of Total Funds $2,859,260,994 Federal and Other Funds $1,452,062,380 Federal Funds Not specifically Identified $544,279,357 Agency Funds $153,651,379 Other Funds $40,891,695 Temporary Assistance for Needy Families Block Grant $316,508,505 Social Services Block Grant $55,368,733 Child Care and Development Block Grant $74,859,031 Foster Care Title IV-E $71,692,910 Maternal and Child Health Services Block Grant $17,348,033 Preventive Health and Health Services Block Grant $4,203,960 Community Mental Health Services Block Grant $12,840,422 Prevention and Treatment of Substance Abuse Block Grant $50,960,435 Community Services Block Grant $17,185,183 Low-Income Home Energy Assistance $18,970,241 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 $1,407,198,614 Tobacco Funds $35,033,479 Other State Funds $3,000,000 State General Funds $1,369,165,135 Brain and Spinal Injury Trust Fund $0 Intra-State Government Transfers $0 Other Fund Sources $0 491 Total Funds $1,082,924 $440 ($55,000) $1,028,364 492 JOURNAL OF THE HOUSE Indirect DOAS Funding $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 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. Administration To provide administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia. Total Funds $201,462,474 Federal and Other Funds $98,943,791 Federal Funds Not specifically Identified $84,940,997 FRIDAY, FEBRUARY 3, 2006 493 Agency Funds $3,756,382 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 $102,518,683 Tobacco Funds $331,340 State General Funds $102,187,343 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $84,985,533 $169,064,088 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,083,150 $1,592,650 Provide funding for the implementation of the Statewide Automated Child Welfare Information System. $14,000,000 $28,000,000 Provide state funds to replace previously contributed county funds for the issuance cost of the Electronic Benefit Transfer card services. $2,200,000 $2,555,736 Transfer state funds between various programs to align budget with appropriate services and uses. $250,000 $250,000 Reclassify $66,359,927 in other funds as agency funds to reflect correct program fund sources. $0 $0 Reclassify $880,855 agency funds as federal funds to reflect correct program fund distribution. $0 $0 Amount appropriated in this Act $102,518,683 $201,462,474 Adolescent Health and Youth Development Prevent teenage pregnancy and out-of-wedlock births, and promote male responsibility. Total Funds $12,758,046 Federal and Other Funds $9,807,473 Federal Funds Not specifically Identified $25,631 494 JOURNAL OF THE HOUSE Temporary Assistance for Needy Families Block Grant Maternal and Child Health Services Block Grant State Funds State General Funds $8,738,374 $1,043,468 $2,950,573 $2,950,573 Adoption Services and Supplements To support and facilitate the permanent placement of children in safe & stable homes by providing financial assistance & supportive services. Total Funds $53,958,698 Federal and Other Funds $26,119,516 Federal Funds Not specifically Identified $561,732 Temporary Assistance for Needy Families Block Grant $4,300,000 Foster Care Title IV-E $21,257,784 State Funds $27,839,182 State General Funds $27,839,182 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $27,839,182 $53,958,698 Reclassify $21,790,511 other funds as federal funds to reflect correct program fund distribution. $0 $0 Amount appropriated in this Act $27,839,182 $53,958,698 Adult Protective Services 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 $14,349,295 Federal and Other Funds $3,925,602 Federal Funds Not specifically Identified $1,671,063 Social Services Block Grant $2,254,539 State Funds $10,423,693 State General Funds $10,423,693 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $8,166,693 $14,599,295 FRIDAY, FEBRUARY 3, 2006 495 Transfer state funds between various programs to align budget with appropriate services and uses. Transfer state funds between various programs to align budget with appropriate services and uses. Transfer federal funds between various programs to align budget with appropriate services and uses. Amount appropriated in this Act $2,507,000 ($250,000) $0 $10,423,693 $2,507,000 ($250,000) ($2,507,000) $14,349,295 Cancer Screening & Prevention To improve the health status of Georgians by assuring access to breast and cervical cancer screening services for low income, uninsured Georgia women for whom such services are otherwise unavailable. Total Funds $6,261,931 State Funds $6,261,931 Tobacco Funds $2,725,113 State General Funds $3,536,818 Child Care and Parent Services (CAPS) Permits low income families to be self-reliant while protecting the safety & well-being of their children by ensuring access to child care. Total Funds $194,944,868 Federal and Other Funds $137,139,203 Federal Funds Not specifically Identified $32,580,082 Social Services Block Grant $90 Child Care and Development Block Grant $74,859,031 TANF Block Grant Transfers to Child Care Development Fund $29,700,000 State Funds $57,805,665 State General Funds $57,805,665 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $61,805,665 $208,944,868 Transfer state funds between various programs to align budget with appropriate services and uses. ($4,000,000) ($14,000,000) Reclassify $21,790,511 other funds as federal 496 JOURNAL OF THE HOUSE funds to reflect correct program fund distribution. Amount appropriated in this Act $0 $57,805,665 $0 $194,944,868 Child Protective Services This is a statewide program that investigates allegations of child abuse & neglect; assesses family functioning; provides in home support, counseling, treatment & intervention. Total Funds $243,315,311 Federal and Other Funds $181,259,903 Federal Funds Not specifically Identified $83,473,138 Temporary Assistance for Needy Families Block Grant $50,669,658 Social Services Block Grant $8,618,743 Foster Care Title IV-E $18,383,856 TANF Block Grant Transfers to Social Services Block Grant $20,114,508 State Funds $62,055,408 Tobacco Funds $2,069,048 State General Funds $59,986,360 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $60,124,883 $230,325,811 Annualize the cost of 500 Child Protective Services caseworkers. $4,437,525 $9,389,500 Transfer state funds between various programs to align budget with appropriate services and uses. ($2,507,000) ($2,507,000) Transfer federal funds between various programs to align budget with appropriate services and uses. $0 $3,600,000 Transfer federal funds between various programs to align budget with appropriate services and uses. $0 $2,507,000 Reclassify $21,790,511 other funds as federal funds to reflect correct program fund distribution. $0 $0 Amount appropriated in this Act $62,055,408 $243,315,311 FRIDAY, FEBRUARY 3, 2006 497 Child Support Establishment, Collection, and Enforcement The purpose is to enforce parental responsibility by paying financial support. Total Funds $67,816,843 Federal and Other Funds $52,308,171 Federal Funds Not specifically Identified $43,127,343 Agency Funds $9,060,828 Social Services Block Grant $120,000 State Funds $15,508,672 State General Funds $15,508,672 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $15,508,672 $67,816,843 Reclassify $66,359,927 in other funds as agency funds to reflect correct program fund sources. $0 $0 Amount appropriated in this Act $15,508,672 $67,816,843 Children with Special Needs The purpose is to promote the optimal functioning of infants and toddlers with developmental delays or disabilities. Total Funds $31,351,081 Federal and Other 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 $21,271,170 State General Funds $21,271,170 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $21,243,613 $31,323,524 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $27,557 $27,557 Amount appropriated in this Act $21,271,170 $31,351,081 498 JOURNAL OF THE HOUSE Chronic Disease Reduction - Health Promotion Improve the health status of Georgians by increasing the percentage of youth and adults in Georgia who practice healthy behaviors that lower their risk for developing chronic diseases. Total Funds $1,798,179 State Funds $1,798,179 Tobacco Funds $1,340,644 State General Funds $457,535 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,694,590 $1,694,590 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $103,589 $103,589 Amount appropriated in this Act $1,798,179 $1,798,179 Chronic Disease Treatment and Control To improve the health status of Georgians by assuring access to prevention, screening, treatment, and case management services for low income, uninsured Georgians with hypertension and by assuring access to cancer treatment services for low-income uninsured Total Funds $9,323,489 Federal and Other 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 Provide Georgians who need nursing home level of care the option of remaining in their own communities. Total Funds $60,353,006 Federal and Other Funds $9,894,353 Federal Funds Not specifically Identified $9,894,353 State Funds $50,458,653 Tobacco Funds $4,191,806 State General Funds $46,266,847 Community Services - Adult The purpose is to support adults with serious mental illness, developmental disabilities FRIDAY, FEBRUARY 3, 2006 499 and addictive diseases in gaining the skills to live independently in the community while avoiding the need for hospitalization. Total Funds $435,171,967 Federal and Other Funds $116,778,993 Federal Funds Not specifically Identified $22,848,121 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 TANF Block Grant Transfers to Social Services Block Grant $3,487,988 State Funds $318,392,974 Tobacco Funds $10,255,138 State General Funds $308,137,836 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $317,453,030 $430,257,881 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $467,193 $467,193 Annualize the cost of 925 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting List. $2,720,005 $6,878,700 Transfer state funds from the Department of Human Resources Community Services Adult program to the Department of Community Health Low Income Medicaid program to implement Georgia Healthy Families which serves Medicaid clients who receive mental health services. ($2,025,041) ($2,025,041) Reflect savings from a delayed start date for MR/DD provider rate increases. ($222,213) ($406,766) Amount appropriated in this Act $318,392,974 $435,171,967 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 500 JOURNAL OF THE HOUSE community with family and friends to the fullest extent possible by assisting them in gaining, keeping and improving community living skills. Total Funds $103,152,983 Federal and Other Funds $23,802,151 Federal Funds Not specifically Identified $3,983,415 Community Mental Health Services Block Grant $5,365,824 Prevention and Treatment of Substance Abuse Block Grant $14,452,912 State Funds $79,350,832 State General Funds $79,350,832 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $78,712,046 $101,662,379 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $119,707 $119,707 Annualize the cost of 925 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting List. $564,592 $1,424,123 Reflect savings from a delayed start date for MR/DD provider rate increases. ($45,513) ($53,226) Amount appropriated in this Act $79,350,832 $103,152,983 Contracted Client Transportation Services Provide essential transportation services in a safe efficient, responsive manner. Total Funds $29,070,806 Federal and Other 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 Elder Abuse and Fraud Prevention Reduce incidence of abuse in community settings. Total Funds Federal and Other Funds $100,133 $95,389 FRIDAY, FEBRUARY 3, 2006 501 Federal Funds Not Identified State Funds State General Funds specifically $95,389 $4,744 $4,744 Emergency Preparedness/Bioterrorism The Division of Public Health prevents, detects, investigates, and responds to bioterrorism, terrorism, and other public health emergencies to prevent or reduce morbidity and mortality. Total Funds $2,571,295 State Funds $2,571,295 State General Funds $2,571,295 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,566,602 $2,566,602 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,693 $4,693 Amount appropriated in this Act $2,571,295 $2,571,295 Energy Assistance The purpose of the Energy Assistance Program is to assist low-income households in meeting their immediate home energy needs. Total Funds $23,521,500 Federal and Other Funds $18,623,684 Low-Income Home Energy Assistance $18,623,684 State Funds $4,897,816 State General Funds $4,897,816 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $747,816 $19,371,500 Provide state funds for low income energy assistance in the Energy Assistance program. $4,150,000 $4,150,000 Reclassify $21,790,511 other funds as federal funds to reflect correct program fund distribution. $0 $0 Amount appropriated in this Act $4,897,816 $23,521,500 502 JOURNAL OF THE HOUSE Epidemiology To monitor, investigate, and describe the burden of disease, injury, and other events of public health concern in Georgia. To maintain surveillance of diseases, investigate disease outbreaks and sentinel events, implement control measures, recommend preventive services Total Funds $5,080,588 Federal and Other Funds $372,341 Federal Funds Not specifically Identified $175,591 Preventive Health and Health Services Block Grant $196,750 State Funds $4,708,247 Tobacco Funds $115,637 State General Funds $4,592,610 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,705,651 $5,077,992 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,596 $2,596 Amount appropriated in this Act $4,708,247 $5,080,588 Family Violence Services To provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. Total Funds $8,551,380 Federal and Other Funds $3,849,430 Federal Funds Not specifically Identified $3,739 Temporary Assistance for Needy Families Block Grant $3,565,244 Foster Care Title IV-E $280,447 State Funds $4,701,950 State General Funds $4,701,950 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,701,950 $8,551,380 FRIDAY, FEBRUARY 3, 2006 503 Reclassify $21,790,511 other funds as federal funds to reflect correct program fund distribution. Amount appropriated in this Act $0 $4,701,950 $0 $8,551,380 Food Stamp Program To promote the nutritional well being of Georgia's low-income families and children. To provide monthly benefits to help pay for the cost of food. To provide education and information to help promote healthy eating habits. Total Funds $61,959,291 Federal and Other Funds $38,295,832 Federal Funds Not specifically Identified $36,390,891 Foster Care Title IV-E $1,904,941 State Funds $23,663,459 State General Funds $23,663,459 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $23,551,409 $53,244,951 Provide funds to replace outdated information technology equipment in the Division of Family and Children Services' Office of Family Independence. $112,050 $213,300 Transfer federal funds between various programs to align budget with appropriate services and uses. $0 $8,501,040 Reclassify $21,790,511 other funds as federal funds to reflect correct program fund distribution. $0 $0 Amount appropriated in this Act $23,663,459 $61,959,291 Health Promotion and Disease Prevention (Wellness) Support successful Aging by improving or maintaining the functional ability and the health status of elderly Georgians. Total Funds $480,015 Federal and Other 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, 504 JOURNAL OF THE HOUSE quality, prenatal services as early as possible in their pregnancy. Total Funds Federal and Other Funds Maternal and Child Health Services Block Grant State Funds State General Funds $5,130,049 $130,000 $130,000 $5,000,049 $5,000,049 HIV/AIDS Provides treatment that addresses the unmet needs of Georgians with HIV disease by funding primary health care and support services that enhance access to and retention in care. Provides counseling, testing, referral, health education risk reduction. Total Funds $24,881,339 Federal and Other 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 Federal and Other 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 Immunization Program provides immunization consultation, training, assessment, vaccines and technical assistance to public and private providers, schools and day care facilities, and other agencies statewide. Total Funds $17,821,789 Federal and Other Funds $8,769,874 Federal Funds Not specifically Identified $1,303,416 Maternal and Child Health Services Block Grant $6,762,746 FRIDAY, FEBRUARY 3, 2006 505 Preventive Health and Health Services Block Grant $703,712 State Funds $9,051,915 State General Funds $9,051,915 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,022,926 $17,792,800 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $28,989 $28,989 Amount appropriated in this Act $9,051,915 $17,821,789 Independent and Transitional Living Services To provide a systematic approach for preparing eligible youth in foster care (ages 14- 21) and discharged youth to make a successful transition from foster care. Total Funds $4,464,938 Federal and Other Funds $3,835,703 Federal Funds Not specifically Identified $1,754,322 Foster Care Title IV-E $2,081,381 State Funds $629,235 State General Funds $629,235 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $629,235 $4,464,938 Reclassify $21,790,511 other funds as federal funds to reflect correct program fund distribution. $0 $0 Amount appropriated in this Act $629,235 $4,464,938 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 Federal and Other Funds $7,378,280 Federal Funds Not specifically Identified $5,567,508 Agency Funds $70,688 Maternal and Child Health Services Block Grant $1,370,688 506 JOURNAL OF THE HOUSE 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 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $15,069,179 $22,447,459 Reclassify $66,359,927 in other funds as agency funds to reflect correct program fund sources. $0 $0 Amount appropriated in this Act $15,069,179 $22,447,459 Injury Prevention The Injury Prevention Section's purpose is to prevent injuries and their devastating effects to families and communities, by empowering state and local coalitions through the provision of data, training, and leadership, and the leveraging of resources for Total Funds $389,398 Federal and Other Funds $112,005 Preventive Health and Health Services Block Grant $112,005 State Funds $277,393 State General Funds $277,393 Laboratory Services 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 hemoglobinopathies in newborns and lead poisoning in children. Total Funds $10,190,321 Federal and Other Funds $696,104 Federal Funds Not specifically Identified $546,104 Agency Funds $150,000 State Funds $9,494,217 State General Funds $9,494,217 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $10,179,952 $10,876,056 FRIDAY, FEBRUARY 3, 2006 507 Reduce funding in the Laboratory Services program due to the delayed opening of the public health laboratory in Waycross. Reclassify $66,359,927 in other funds as agency funds to reflect correct program fund sources. Amount appropriated in this Act ($685,735) $0 $9,494,217 ($685,735) $0 $10,190,321 Medicaid Eligibility Determination To promote access to health care for low income families, children, pregnant women and persons who are aged, blind or disabled. Total Funds $50,326,314 Federal and Other Funds $24,504,950 Federal Funds Not specifically Identified $24,504,950 State Funds $25,821,364 State General Funds $25,821,364 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $25,683,414 $50,061,214 Provide funds to replace outdated information technology equipment in the Division of Family and Children Services' Office of Family Independence. $137,950 $265,100 Reclassify $21,790,511 other funds as federal funds to reflect correct program fund distribution. $0 $0 Amount appropriated in this Act $25,821,364 $50,326,314 Out of Home Care The purpose is to provide safe and appropriate temporary substitute homes for children. Total Funds $295,850,194 Federal and Other Funds $147,528,716 Federal Funds Not specifically Identified $17,723,858 Agency Funds $32,925,589 Other Funds $20,330,828 Temporary Assistance for Needy Families Block Grant $52,892,799 Foster Care Title IV-E $23,655,642 508 JOURNAL OF THE HOUSE State Funds $148,321,478 State General Funds $148,321,478 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $148,321,478 $299,450,194 Transfer federal funds between various programs to align budget with appropriate services and uses. $0 ($3,600,000) Reclassify $66,359,927 in other funds as agency funds to reflect correct program fund sources. $0 $0 Reclassify $20,330,828 federal funds as other funds to reflect correct program fund distribution. $0 $0 Amount appropriated in this Act $148,321,478 $295,850,194 Outdoor Therapeutic Program The program's purpose is to promote positive changes in consumer's behavior that result 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 Federal and Other Funds $940,692 Agency Funds $937,587 Other Funds $3,105 State Funds $3,294,177 State General Funds $3,294,177 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,294,177 $4,234,869 Reclassify $66,359,927 in other funds as agency funds to reflect correct program fund sources. $0 $0 Reclassify $880,855 agency funds as federal funds to reflect correct program fund distribution. $0 $0 Amount appropriated in this Act $3,294,177 $4,234,869 Post Adoption Services Provides financial assistance, resource & services for special needs children to ensure FRIDAY, FEBRUARY 3, 2006 509 the success of adoptions after finalizations. Total Funds Federal and Other Funds Foster Care Title IV-E State Funds State General Funds $2,831,150 $940,404 $940,404 $1,890,746 $1,890,746 Pre-Adoption Services To provide a continuum of available accessible services that ensure the safe and appropriate placement of foster children in adoptive homes. Total Funds $5,400,629 Federal and Other Funds $1,872,356 Foster Care Title IV-E $1,872,356 State Funds $3,528,273 State General Funds $3,528,273 Refugee Health Program Primary care addresses the health needs of low income individuals in public health districts where there are severe shortages of medical services for this population. This includes District 2-Gainesville, District 7- Columbus, District 9-3 Brunswick Total Funds $3,775,026 Federal and Other Funds $118,690 Federal Funds Not specifically Identified $118,690 State Funds $3,656,336 State General Funds $3,656,336 Refugee Resettlement Created to help refugees establish a new life that is founded on the dignity of economic self support. Total Funds $3,699,665 Federal and Other Funds $3,184,005 Federal Funds Not specifically Identified $3,184,005 State Funds $515,660 State General Funds $515,660 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $515,660 $3,699,665 Reclassify $21,790,511 other funds as federal funds to reflect correct program fund distribution. $0 $0 510 JOURNAL OF THE HOUSE Amount appropriated in this Act $515,660 $3,699,665 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 $30,629,152 Federal and Other Funds $8,225,540 Federal Funds Not specifically Identified $6,546,561 Maternal and Child Health Services Block Grant $194,703 Preventive Health and Health Services Block Grant $1,484,276 State Funds $22,403,612 State General Funds $22,403,612 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $22,387,123 $30,612,663 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $16,489 $16,489 Amount appropriated in this Act $22,403,612 $30,629,152 Sexually Transmitted Diseases Treatment and Control To prevent and reduce the spread of sexually transmitted diseases (STD) through education, case reporting, health screening, partner notification and treatment for gonorrhea, chlamydia and syphilis. Total Funds $6,777,489 Federal and Other 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, Total Funds $72,643,704 Federal and Other Funds $8,656,220 FRIDAY, FEBRUARY 3, 2006 511 Federal Funds Not specifically Identified $5,720,524 Agency Funds $2,888,413 Other Funds $47,283 State Funds $63,987,484 State General Funds $63,987,484 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $61,482,028 $70,138,248 Provide state funds to meet projected operating expenditures in state hospitals. $2,505,456 $2,505,456 Amount appropriated in this Act $63,987,484 $72,643,704 State Hospital Facilities - Direct Care Support Services The purpose is to provide facility support services and direct patient support therapies. Total Funds $151,745,542 Federal and Other Funds $53,557,052 Federal Funds Not specifically Identified $4,499,653 Agency Funds $49,057,399 State Funds $98,188,490 State General Funds $98,188,490 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $94,448,798 $148,005,850 Provide state funds to meet projected operating expenditures in state hospitals. $3,739,692 $3,739,692 Amount appropriated in this Act $98,188,490 $151,745,542 State Hospital Facilities - Other Care The purpose is to provide inpatient psychiatric evaluation and treatment with an emphasis on stabilization and planning. Total Funds $91,102,369 Federal and Other Funds $53,929,599 Federal Funds Not specifically Identified $161,867 Agency Funds $53,257,253 Other Funds $510,479 State Funds $37,172,770 512 JOURNAL OF THE HOUSE State General Funds $37,172,770 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $35,713,500 $89,643,099 Provide state funds to meet projected operating expenditures in state hospitals. $1,459,270 $1,459,270 Amount appropriated in this Act $37,172,770 $91,102,369 State Hospital Facilities - Specialty Care The purpose is to provide education and health promotion related to intentional and unintentional injuries. Total Funds $3,074,865 Federal and Other Funds $1,561,791 Federal Funds Not specifically Identified $14,551 Agency Funds $1,547,240 State Funds $1,513,074 State General Funds $1,513,074 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,495,494 $3,057,285 Provide state funds to meet projected operating expenditures in state hospitals. $17,580 $17,580 Amount appropriated in this Act $1,513,074 $3,074,865 Substance Abuse Prevention Promote the health and well-being of children/youth/families/communities through preventing the use and/or abuse of alcohol/tobacco/drugs. Total Funds $11,182,090 Federal and Other Funds $10,512,485 Federal Funds Not specifically Identified $320,397 Prevention and Treatment of Substance Abuse Block Grant $10,192,088 State Funds $669,605 State General Funds $669,605 Support for Needy Families-Admin & Family Assistance Assists families with children 18 years of age or younger when the parents or other FRIDAY, FEBRUARY 3, 2006 513 responsible relatives cannot provide for the family's basic needs. Total Funds $74,575,126 Federal and Other Funds $53,505,220 Federal Funds Not specifically Identified $9,926,811 Temporary Assistance for Needy Families Block Grant $25,077,127 Foster Care Title IV-E $1,316,099 Community Services Block Grant $17,185,183 State Funds $21,069,906 State General Funds $21,069,906 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $17,069,906 $71,196,751 Provide funds to replace outdated information technology equipment in the Division of Family and Children Services' Office of Family Independence. $0 $21,600 Transfer state funds between various programs to align budget with appropriate services and uses. $4,000,000 $14,000,000 Transfer federal funds between various programs to align budget with appropriate services and uses. $0 ($8,501,040) Transfer federal funds between various programs to align budget with appropriate services and uses. $0 ($2,142,185) Reclassify $21,790,511 other funds as federal funds to reflect correct program fund distribution. $0 $0 Amount appropriated in this Act $21,069,906 $74,575,126 Support for Needy Families - Basic Assistance The purpose is to supply block grants for temporary assistance for needy families. Total Funds $129,188,339 Federal and Other Funds $114,788,339 Other Funds $20,000,000 Temporary Assistance for Needy Families Block Grant $74,788,339 TANF Block Grant Unobligated Balance $20,000,000 514 JOURNAL OF THE HOUSE State Funds State General Funds $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 $67,473,682 Federal and Other Funds $41,473,682 Federal Funds Not specifically Identified $2,142,185 Temporary Assistance for Needy Families Block Grant $39,331,497 State Funds $26,000,000 State General Funds $26,000,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $26,000,000 $65,331,497 Transfer federal funds between various programs to align budget with appropriate services and uses. $0 $2,142,185 Amount appropriated in this Act $26,000,000 $67,473,682 Tobacco Use Prevention Improve the health status of Georgians by reducing the percentage of youth and adults in Georgia who use tobacco and by reducing Georgians' exposure to secondhand smoke, thus lowering Georgians' risk of developing tobacco-related chronic diseases. 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 (TB) Program is to control transmission, prevent illness and ensure treatment of disease due to tuberculosis. The program identifies and treats persons who have active TB; finds, screens and treats contacts. The pr Total Funds $9,017,338 Federal and Other Funds $1,613,061 Federal Funds Not specifically Identified $1,613,061 State Funds $7,404,277 State General Funds $7,404,277 FRIDAY, FEBRUARY 3, 2006 515 Vital Records The Vital Records program registers, codes, enters, and archives all vital records and associated documents (birth, death, fetal death, induced termination of pregnancy, marriage and divorce records, paternity acknowledgements, and other records. Total Funds $2,352,294 Federal and Other Funds $288,204 Federal Funds Not specifically Identified $288,204 State Funds $2,064,090 State General Funds $2,064,090 Women, Infants & Children - Nutrition (WIC) To provide nutrition related services that enhance pregnancy, infant and early childhood growth and development outcomes of low income families through nutrition education, supplemental foods, and referrals to health and social services. Total Funds $84,978,869 Federal and Other 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 Federal and Other 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 The following appropriations are for agencies attached for administrative purposes. 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. 516 JOURNAL OF THE HOUSE Total Funds $3,000,499 State Funds $3,000,499 Other State Funds $3,000,000 State General Funds $499 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,000,000 $3,000,000 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $499 $499 Amount appropriated in this Act $3,000,499 $3,000,499 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 $334,811 State Funds $334,811 State General Funds $334,811 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $334,562 $334,562 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $249 $249 Amount appropriated in this Act $334,811 $334,811 Children's Trust Fund Commission To support the establishment of community-based educational and service programs designed to reduce the occurrence of child abuse and neglect Total Funds $6,933,206 State Funds $6,933,206 Tobacco Funds $1,272,170 State General Funds $5,661,036 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,932,873 $6,932,873 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $333 $333 Amount appropriated in this Act $6,933,206 $6,933,206 FRIDAY, FEBRUARY 3, 2006 517 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 Family Connection Partnership Family Connection is a statewide network of county collaborative that work to improve conditions for children and families. Total Funds $10,605,281 Federal and Other 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 Governor's Council on Developmental Disabilities Self-Determination: To promote quality services and supports for people with developmental disabilities and their families by providing individuals greater control over the decisions that are important in their lives including directing their own ca Total Funds $2,277,634 Federal and Other Funds $2,248,393 Federal Funds Not specifically Identified $2,248,393 State Funds $29,241 State General Funds $29,241 Section 28: Insurance, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $17,862,211 $1,036,500 $954,555 $81,945 $16,825,711 $16,825,711 $0 $0 Administration To ensure that the public's interests are served through professional oversight of 518 JOURNAL OF THE HOUSE regulated industries, consumer protection and broad based educational activities. Total Funds $2,205,376 State Funds $2,205,376 State General Funds $2,205,376 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,203,831 $2,203,831 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,545 $1,545 Amount appropriated in this Act $2,205,376 $2,205,376 Enforcement 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 $768,000 State Funds $768,000 State General Funds $768,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $767,482 $767,482 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $518 $518 Amount appropriated in this Act $768,000 $768,000 Fire Safety To create a fire safe environment in the state that protects the public from fire and limits the loss of lives and property. Total Funds $5,994,991 Federal and Other Funds $1,036,500 Federal Funds Not specifically Identified $954,555 Agency Funds $81,945 State Funds $4,958,491 State General Funds $4,958,491 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 3, 2006 519 Amount from prior Appropriation Act (HB 85) Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act State Funds $4,955,173 $3,318 $4,958,491 Total Funds $5,991,673 $3,318 $5,994,991 Industrial Loan To protect consumers by licensing, regulating and examining finance companies that provide consumer loans of $3,000 or less. Total Funds $689,290 State Funds $689,290 State General Funds $689,290 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $688,827 $688,827 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $463 $463 Amount appropriated in this Act $689,290 $689,290 Insurance Regulation To ensure that licensed insurance entities maintain solvency, comply with state law and adopted rules, regulations and standards to include such items as obtaining approval for rates charged and forms, and the timely and fair processing of claims. Total Funds $5,399,776 State Funds $5,399,776 State General Funds $5,399,776 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,396,059 $5,396,059 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $3,717 $3,717 Amount appropriated in this Act $5,399,776 $5,399,776 Special Fraud To identify and take appropriate action to deter insurance fraud. Total Funds State Funds State General Funds $2,804,778 $2,804,778 $2,804,778 520 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,803,036 $2,803,036 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,742 $1,742 Amount appropriated in this Act $2,804,778 $2,804,778 Section 29: Investigation, Georgia Bureau of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $97,130,482 $34,554,925 $29,883,487 $4,671,438 $62,575,557 $62,575,557 $0 $0 Administration The purpose is to provide administrative resources to the Bureau of Investigations. Total Funds $9,576,357 Federal and Other Funds $6,812 Federal Funds Not specifically Identified $6,812 State Funds $9,569,545 State General Funds $9,569,545 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,463,895 $9,470,707 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $5,650 $5,650 Replace boiler at GBI headquarters. $100,000 $100,000 Amount appropriated in this Act $9,569,545 $9,576,357 Centralized Scientific Services The purpose is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. Total Funds $12,174,541 State Funds $12,174,541 State General Funds $12,174,541 FRIDAY, FEBRUARY 3, 2006 521 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $12,160,701 $12,160,701 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $13,840 $13,840 Amount appropriated in this Act $12,174,541 $12,174,541 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 $9,262,381 State Funds $9,262,381 State General Funds $9,262,381 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,252,470 $9,252,470 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $9,911 $9,911 Amount appropriated in this Act $9,262,381 $9,262,381 Georgia Information Sharing and Analysis Center To serve as the focal point for collection, analysis and dissemination of information relative to threats or attacks, of a terrorist nature, within and against the State of Georgia, its citizens, or infrastructure. Total Funds $776,248 State Funds $776,248 State General Funds $776,248 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $775,258 $775,258 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $990 $990 Amount appropriated in this Act $776,248 $776,248 Regional Forensic Services The purpose is to provide pathology services to determine cause and manner of death. Total Funds $7,935,007 522 JOURNAL OF THE HOUSE State Funds $7,935,007 State General Funds $7,935,007 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,926,106 $7,926,106 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $8,901 $8,901 Amount appropriated in this Act $7,935,007 $7,935,007 Regional Investigative Services The purpose is to identify, collect, preserve, and process evidence located during crime scene examinations. Total Funds $19,236,351 State Funds $19,236,351 State General Funds $19,236,351 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $19,213,518 $19,213,518 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $22,833 $22,833 Amount appropriated in this Act $19,236,351 $19,236,351 Special Operations Unit To render safe explosive devices of all types. Total Funds $674,739 State Funds $674,739 State General Funds $674,739 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $673,951 $673,951 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $788 $788 Amount appropriated in this Act $674,739 $674,739 State Health Care Fraud Unit To identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. FRIDAY, FEBRUARY 3, 2006 523 Total Funds $1,092,973 State Funds $1,092,973 State General Funds $1,092,973 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,092,276 $1,092,276 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $697 $697 Amount appropriated in this Act $1,092,973 $1,092,973 Task Forces The purpose is to provide the GBI supervisory support to 12 federally funded multi- jurisdictional drug task forces. Total Funds $1,034,756 State Funds $1,034,756 State General Funds $1,034,756 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,033,347 $1,033,347 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,409 $1,409 Amount appropriated in this Act $1,034,756 $1,034,756 The following appropriations are for agencies attached for administrative purposes. 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 $35,367,129 Federal and Other Funds $34,548,113 Federal Funds Not specifically Identified $29,876,675 Agency Funds $4,671,438 State Funds $819,016 State General Funds $819,016 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 524 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act State Funds $818,629 $387 $819,016 Total Funds $35,366,742 $387 $35,367,129 Section 30: Juvenile Justice, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments Governor's Emergency Funds Other Fund Sources Indirect DOAS Funding $306,159,440 $21,264,027 $2,893,056 $18,370,971 $0 $284,895,413 $284,895,413 $0 $0 $0 $0 $0 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 $40,602,566 Federal and Other Funds $4,347,003 Agency Funds $4,347,003 State Funds $36,255,563 State General Funds $36,255,563 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $36,202,265 $40,549,268 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $53,298 $53,298 Amount appropriated in this Act $36,255,563 $40,602,566 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 $26,573,678 FRIDAY, FEBRUARY 3, 2006 525 Federal and Other Funds $198,219 Agency Funds $198,219 State Funds $26,375,459 State General Funds $26,375,459 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $26,168,662 $26,366,881 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $29,240 $29,240 Transfer state funds from the Non-Secure Commitment program ($468,733) and from the Secure Commitment program ($58,011) to the Administration program ($177,557) and to the Secure Detention program ($349,187) to align the budgeted funds to the programs in which the expenditures will occur. $177,557 $177,557 Amount appropriated in this Act $26,375,459 $26,573,678 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 $47,999,575 Federal and Other Funds $10,002,619 Agency Funds $10,002,619 State Funds $37,996,956 State General Funds $37,996,956 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $38,464,748 $48,467,367 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $941 $941 Transfer state funds from the Non-Secure Commitment program ($468,733) and from the Secure Commitment program ($58,011) to the Administration program ($177,557) and to the Secure Detention program ($349,187) to align the budgeted 526 JOURNAL OF THE HOUSE funds to the programs in which the expenditures will occur. Amount appropriated in this Act ($468,733) $37,996,956 ($468,733) $47,999,575 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 $9,090,690 State Funds $9,090,690 State General Funds $9,090,690 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,088,116 $9,088,116 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,574 $2,574 Amount appropriated in this Act $9,090,690 $9,090,690 Secure Commitment The purpose is to protect the public, hold youth accountable for their actions, and assist juvenile offenders in becoming law-abiding citizens. Total Funds $87,163,832 Federal and Other Funds $3,351,226 Federal Funds Not specifically Identified $1,032,056 Agency Funds $2,319,170 State Funds $83,812,606 State General Funds $83,812,606 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $83,766,215 $87,117,441 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $104,402 $104,402 Transfer state funds from the Non-Secure Commitment program ($468,733) and from the Secure Commitment program ($58,011) to the Administration program ($177,557) and to the Secure Detention program ($349,187) to align the budgeted FRIDAY, FEBRUARY 3, 2006 527 funds to the programs in which the expenditures will occur. Amount appropriated in this Act ($58,011) $83,812,606 ($58,011) $87,163,832 Secure Detention 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 $91,529,666 Federal and Other Funds $1,503,960 Agency Funds $1,503,960 State Funds $90,025,706 State General Funds $90,025,706 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $89,536,547 $91,040,507 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $139,972 $139,972 Transfer state funds from the Non-Secure Commitment program ($468,733) and from the Secure Commitment program ($58,011) to the Administration program ($177,557) and to the Secure Detention program ($349,187) to align the budgeted funds to the programs in which the expenditures will occur. $349,187 $349,187 Amount appropriated in this Act $90,025,706 $91,529,666 The following appropriations are for agencies attached for administrative purposes. Children and Youth Coordinating Council The purpose is to assist local communities in preventing and reducing juvenile delinquency. Total Funds $3,199,433 Federal and Other Funds $1,861,000 Federal Funds Not specifically Identified $1,861,000 State Funds $1,338,433 State General Funds $1,338,433 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 528 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act State Funds $1,337,914 $519 $1,338,433 Total Funds $3,198,914 $519 $3,199,433 Section 31: Labor, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments Other Fund Sources Indirect DOAS Funding $358,076,082 $304,318,723 $261,077,595 $43,241,128 $0 $53,757,359 $53,757,359 $0 $0 $0 $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. 107147) 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. Administration - Department of Labor 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 $14,107,083 Federal and Other Funds $10,859,309 Federal Funds Not specifically Identified $10,859,309 FRIDAY, FEBRUARY 3, 2006 529 State Funds $3,247,774 State General Funds $3,247,774 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,236,310 $14,095,619 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $11,464 $11,464 Amount appropriated in this Act $3,247,774 $14,107,083 Administration - Division of Rehabilitation The purpose is to help people with disabilities to become fully productive members of society by achieving independence and meaningful employment. Total Funds $3,654,570 Federal and Other Funds $1,481,868 Federal Funds Not specifically Identified $1,481,868 State Funds $2,172,702 State General Funds $2,172,702 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,167,612 $3,649,480 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $5,090 $5,090 Amount appropriated in this Act $2,172,702 $3,654,570 Business Enterprise Program The purpose of the BEP is to assist people who are blind in becoming successful contributors to the state's economy. Total Funds $1,656,630 Federal and Other Funds $1,316,085 Federal Funds Not specifically Identified $1,316,085 State Funds $340,545 State General Funds $340,545 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $339,720 $1,655,805 530 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act $825 $340,545 $825 $1,656,630 Commission on Women 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 Disability Adjudication Section The purpose of DAS is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. Total Funds $55,598,820 Federal and Other Funds $55,598,820 Federal Funds Not specifically Identified $55,598,820 Georgia Industries for the Blind The purpose of GIB is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. Total Funds $11,794,927 Federal and Other Funds $11,099,375 Agency Funds $11,099,375 State Funds $695,552 State General Funds $695,552 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $692,348 $11,791,723 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $3,204 $3,204 Amount appropriated in this Act $695,552 $11,794,927 Labor Market Information To support informed employment and economic development activities through quality, timely labor market information. Total Funds $2,989,015 Federal and Other Funds $2,249,873 Federal Funds Not specifically Identified $2,249,873 State Funds $739,142 FRIDAY, FEBRUARY 3, 2006 531 State General Funds $739,142 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $671,271 $2,921,144 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,717 $2,717 Provide funds collected from unemployment insurance fees and assessments to fund departmental operations. $65,154 $65,154 Amount appropriated in this Act $739,142 $2,989,015 Roosevelt Warm Springs Institute The purpose of RWSIR is to empower individuals with disabilities to achieve personal independence. Total Funds $31,392,533 Federal and Other Funds $24,667,490 Federal Funds Not specifically Identified $6,233,170 Agency Funds $18,434,320 State Funds $6,725,043 State General Funds $6,725,043 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,662,908 $31,330,398 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $21,008 $21,008 Provide funds collected from unemployment insurance fees and assessments to fund departmental operations. $41,127 $41,127 Amount appropriated in this Act $6,725,043 $31,392,533 Safety Inspections To promote and protect public safety, to provide training and information on workplace exposure to hazardous chemicals, and to promote industrial safety. Total Funds $2,841,815 Federal and Other Funds $168,552 Federal Funds Not specifically Identified $168,552 State Funds $2,673,263 532 JOURNAL OF THE HOUSE State General Funds $2,673,263 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,664,002 $2,832,554 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $9,261 $9,261 Amount appropriated in this Act $2,673,263 $2,841,815 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 $47,635,123 Federal and Other Funds $36,610,816 Federal Funds Not specifically Identified $36,610,816 State Funds $11,024,307 State General Funds $11,024,307 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $10,056,056 $46,666,872 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $37,285 $37,285 Provide funds collected from unemployment insurance fees and assessments to fund departmental operations. $930,966 $930,966 Amount appropriated in this Act $11,024,307 $47,635,123 Vocational Rehabilitation Program The purpose of the VR Program is to assist people with disabilities to go to work. Total Funds $86,647,633 Federal and Other Funds $69,651,140 Federal Funds Not specifically Identified $66,344,924 Agency Funds $3,306,216 State Funds $16,996,493 State General Funds $16,996,493 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 3, 2006 533 Amount from prior Appropriation Act (HB 85) Increase funds to reflect an adjustment in the Workers' Compensation premiums. Provide funds collected from unemployment insurance fees and assessments to fund departmental operations. Amount appropriated in this Act State Funds $16,784,521 $29,318 $182,654 $16,996,493 Total Funds $86,435,661 $29,318 $182,654 $86,647,633 Workforce Development The purpose is to assist employers and job seekers with job matching services and to promote economic growth and development. Total Funds $99,664,761 Federal and Other Funds $90,615,395 Federal Funds Not specifically Identified $80,214,178 Agency Funds $10,401,217 State Funds $9,049,366 State General Funds $9,049,366 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,642,713 $98,258,108 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $26,554 $26,554 Provide funds collected from unemployment insurance fees and assessments to fund departmental operations. $1,380,099 $1,380,099 Amount appropriated in this Act $9,049,366 $99,664,761 Section 32: Law, Department of Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments Other Fund Sources $35,627,993 $0 $13,826,570 $13,826,570 $21,801,423 $21,801,423 $0 Law To serve the citizens of the State of Georgia by providing legal representation of the 534 JOURNAL OF THE HOUSE highest quality to the agencies, officers and employees of state government. Total Funds $35,627,993 State Funds $13,826,570 State General Funds $13,826,570 Intra-State Government Transfers $21,801,423 Other Intra-State Government Payments $21,801,423 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $13,659,592 $35,461,015 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $6,302 $6,302 Provide funds for financial review for sale of public hospitals due to the Hospital Acquisition Act. $160,676 $160,676 Amount appropriated in this Act $13,826,570 $35,627,993 Section 33: State Merit System of Personnel Administration Total Funds $13,616,469 Federal and Other Funds $6,300 Federal Funds Not specifically Identified $0 Other Funds $6,300 State Funds $0 Other State Funds $0 State General Funds $0 Intra-State Government Transfers $13,610,169 Other Intra-State Government Payments $13,610,169 Other Fund Sources $0 The Department is authorized to assess no more than $147.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year. Recruitment and Staffing Services To provide a central point of contact for the general public. Total Funds Federal and Other Funds Other Funds Intra-State Government Transfers Other Intra-State Government Payments $1,322,461 $1,027 $1,027 $1,321,434 $1,321,434 FRIDAY, FEBRUARY 3, 2006 535 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $1,321,434 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $1,027 Amount appropriated in this Act $0 $1,322,461 Administration To provide administrative and technical support to the agency. Total Funds $4,219,912 Federal and Other Funds $2,655 Other Funds $2,655 Intra-State Government Transfers $4,217,257 Other Intra-State Government Payments $4,217,257 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $4,217,257 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $2,655 Amount appropriated in this Act $0 $4,219,912 Total Compensation and Rewards To ensure fair and consistent employee compensation practices across state agencies. Total Funds $4,567,989 Federal and Other Funds $1,730 Other Funds $1,730 Intra-State Government Transfers $4,566,259 Other Intra-State Government Payments $4,566,259 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $4,566,259 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $1,730 Amount appropriated in this Act $0 $4,567,989 536 JOURNAL OF THE HOUSE Workforce Development and Alignment To provide continuous opportunities for state employees to grow and develop professionally, resulting in increased productivity for state agencies and entities. Total Funds $3,506,107 Federal and Other Funds $888 Other Funds $888 Intra-State Government Transfers $3,505,219 Other Intra-State Government Payments $3,505,219 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $3,505,219 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $888 Amount appropriated in this Act $0 $3,506,107 Section 34: Natural Resources, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments Other Fund Sources Indirect DOAS Funding $150,432,337 $35,487,766 $10,070,605 $22,833,982 $2,583,179 $114,870,721 $114,870,721 $73,850 $73,850 $0 $0 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 FRIDAY, FEBRUARY 3, 2006 537 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 $2,551,905 Federal and Other Funds $170,862 Federal Funds Not specifically Identified $170,862 State Funds $2,381,043 State General Funds $2,381,043 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,323,120 $2,493,982 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,845 $4,845 Provide additional funding to correct a shortfall in the employer share of State Health Benefit premiums. $14,078 $14,078 Provide funds for replacing 50 high-mileage motor vehicles in excess of 135,000. $39,000 $39,000 Amount appropriated in this Act $2,381,043 $2,551,905 Administration The purpose of the program is to provide administrative support for all programs of the department. Total Funds $9,441,927 State Funds $9,441,927 State General Funds $9,441,927 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,368,088 $9,421,902 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $18,790 $18,790 Provide additional funding to correct a shortfall in the employer share of State Health Benefit premiums. $55,049 $55,049 Remove undesignated object classes and fund 538 JOURNAL OF THE HOUSE sources to properly reflect expenditures (Total Funds $59,507,514). Amount appropriated in this Act $0 $9,441,927 ($53,814) $9,441,927 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 $57,286,380 Federal and Other Funds $10,234,568 Federal Funds Not specifically Identified $3,437,011 Agency Funds $309,758 Other Funds $6,487,799 State Funds $47,051,812 State General Funds $47,051,812 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $26,207,788 $86,317,486 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $58,412 $58,412 Transfer the Hazardous Waste Trust Fund program to the Environmental Protection program. $7,600,000 $7,673,850 Transfer the Solid Waste Trust Fund program to the Environmental Protection program. $1,500,000 $1,500,000 Provide additional funds for on-going water- related litigation. $600,000 $600,000 Remove undesignated object classes and fund sources to properly reflect expenditures (Total Funds $59,507,514). $0 ($49,948,980) Increase funding for the Hazardous Waste Trust Fund from $7.6 million to $15.9 million. $8,339,491 $8,339,491 Increase funding for the Solid Waste Trust Fund from $1.5 million to $4 million. $2,503,092 $2,503,092 Provide additional funding to correct a shortfall in the employer share of State Health Benefit premiums. $243,029 $243,029 Amount appropriated in this Act $47,051,812 $57,286,380 FRIDAY, FEBRUARY 3, 2006 539 Hazardous Waste Trust Fund Investigate and clean up abandoned hazardous sites. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,600,000 $7,673,850 Transfer the Hazardous Waste Trust Fund program to the Environmental Protection program. ($7,600,000) ($7,673,850) Amount appropriated in this Act $0 $0 Historic Preservation The purpose is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations. Total Funds $2,411,277 Federal and Other Funds $490,000 Federal Funds Not specifically Identified $490,000 State Funds $1,921,277 State General Funds $1,921,277 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,904,709 $2,449,060 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,060 $4,060 Remove undesignated object classes and fund sources to properly reflect expenditures (Total Funds $59,507,514). $0 ($54,351) Provide additional funding to correct a shortfall in the employer share of State Health Benefit premiums. $12,508 $12,508 Amount appropriated in this Act $1,921,277 $2,411,277 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 $418,656 State Funds $418,656 State General Funds $418,656 540 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $415,605 $415,605 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $922 $922 Provide additional funding to correct a shortfall in the employer share of State Health Benefit premiums. $2,129 $2,129 Amount appropriated in this Act $418,656 $418,656 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 $37,908,184 Federal and Other Funds $18,825,823 Federal Funds Not specifically Identified $845,941 Agency Funds $18,635,848 Other Funds ($655,966) State Funds $19,082,361 State General Funds $19,082,361 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $17,234,816 $38,741,756 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $36,797 $36,797 Replace payments from the Lake Lanier Islands Development Authority with state general funds. $665,966 $0 Provide additional funding to correct a shortfall in the employer share of State Health Benefit premiums. $189,478 $189,478 Provide funds for replacing 50 high-mileage motor vehicles in excess of 135,000. $105,304 $105,304 Remove undesignated object classes and fund sources to properly reflect expenditures (Total Funds $59,507,514). $0 ($2,015,151) Provide funds, to be matched by $1 million in federal funds, to develop Balls Ferry State $350,000 $350,000 FRIDAY, FEBRUARY 3, 2006 541 Park in Wilkinson County. Provide funds to construct a seawall at Mary Alice Park in Forsyth County. Amount appropriated in this Act $500,000 $19,082,361 $500,000 $37,908,184 Pollution Prevention Assistance The purpose is to reduce pollution by providing non-regulatory assistance. Total Funds $109,485 Federal and Other Funds $30,063 Agency Funds $603,913 Other Funds ($573,850) State Funds $5,572 State General Funds $5,572 Intra-State Government Transfers $73,850 Other Intra-State Government Payments $73,850 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $677,763 Provide additional funding to correct a shortfall in the employer share of State Health Benefit premiums. $5,572 $5,572 Remove undesignated object classes and fund sources to properly reflect expenditures (Total Funds $59,507,514). $0 ($573,850) Amount appropriated in this Act $5,572 $109,485 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. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,500,000 $1,500,000 Transfer the Solid Waste Trust Fund program to the Environmental Protection program. ($1,500,000) ($1,500,000) Amount appropriated in this Act $0 $0 542 JOURNAL OF THE HOUSE 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 $36,048,959 Federal and Other Funds $5,404,237 Federal Funds Not specifically Identified $5,126,791 Agency Funds $2,952,250 Other Funds ($2,674,804) State Funds $30,644,722 State General Funds $30,644,722 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $28,915,612 $41,181,217 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $72,318 $72,318 Remove undesignated object classes and fund sources to properly reflect expenditures (Total Funds $59,507,514). $0 ($6,861,368) Provide additional funding to correct a shortfall in the employer share of State Health Benefit premiums. $221,446 $221,446 Provide funds for replacing 50 high-mileage motor vehicles in excess of 135,000. $855,696 $855,696 Provide funds for the Wildlife Endowment Fund. $579,650 $579,650 Amount appropriated in this Act $30,644,722 $36,048,959 The following appropriations are for agencies attached for administrative purposes. 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 $2,229,803 State Funds $2,229,803 State General Funds $2,229,803 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 3, 2006 543 Amount from prior Appropriation Act (HB 85) Increase funds to reflect an adjustment in the Workers' Compensation premiums. Provide funding for roadway improvements at the Georgia National Fairgrounds. Amount appropriated in this Act State Funds $1,601,868 $2,935 $625,000 $2,229,803 Total Funds $1,601,868 $2,935 $625,000 $2,229,803 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 $1,121,435 State Funds $1,121,435 State General Funds $1,121,435 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $820,514 $820,514 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $921 $921 Provide funds for grounds improvements and facilities at Agrirama. $300,000 $300,000 Amount appropriated in this Act $1,121,435 $1,121,435 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 Georgia Games To improve the physical fitness of Georgians Total Funds Federal and Other Funds Agency Funds State Funds State General Funds $382,362 $332,213 $332,213 $50,149 $50,149 544 JOURNAL OF THE HOUSE Payments to Lake Allatoona Preservation Authority Total Funds State Funds State General Funds $100,000 $100,000 $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 $48,412,603 Federal and Other Funds $100,000 Federal Funds Not specifically Identified $0 Other Funds $100,000 State Funds $48,312,603 State General Funds $48,312,603 Intra-State Government Transfers $0 Other Fund Sources $0 Administration To provide support for the agency. Total Funds $4,850,450 Federal and Other Funds $100,000 Other Funds $100,000 State Funds $4,750,450 State General Funds $4,750,450 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,326,255 $4,426,255 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $3,543 $3,543 Provide additional funding for utilities ($41,146), fuel ($168,361) and mileage reimbursement ($137,678). $20,652 $20,652 Redistribute $400,000 in personal services funding from Parole Supervision to Administration to accurately reflect program expenditures. $400,000 $400,000 FRIDAY, FEBRUARY 3, 2006 545 Amount appropriated in this Act $4,750,450 $4,850,450 Clemency To investigate offenders when they enter the corrections system and make determinations about offender eligibility for parole. Total Funds $9,842,383 State Funds $9,842,383 State General Funds $9,842,383 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,769,111 $9,769,111 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $7,820 $7,820 Provide additional funding for utilities ($41,146), fuel ($168,361) and mileage reimbursement ($137,678). $15,452 $15,452 Redistribute $50,000 from Real Estate Rents to Regular Operating for increased records retention expenses. $50,000 $50,000 Amount appropriated in this Act $9,842,383 $9,842,383 Parole Supervision For transitioning offenders from prison back into the community as productive, law abiding citizens. Total Funds $33,202,890 State Funds $33,202,890 State General Funds $33,202,890 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $33,015,382 $33,015,382 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $26,427 $26,427 Redistribute $50,000 from Real Estate Rents to Regular Operating for increased records retention expenses. ($50,000) ($50,000) Provide additional funding for substance abuse assessment and treatment. $300,000 $300,000 Provide additional funding for utilities ($41,146), fuel ($168,361) and mileage 546 JOURNAL OF THE HOUSE reimbursement ($137,678). Redistribute $400,000 in personal services funding from Parole Supervision to Administration to accurately reflect program expenditures. Amount appropriated in this Act $311,081 ($400,000) $33,202,890 $311,081 ($400,000) $33,202,890 Victims Services To bring victims into the parole process. Total Funds $516,880 State Funds $516,880 State General Funds $516,880 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $516,467 $516,467 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $413 $413 Amount appropriated in this Act $516,880 $516,880 Section 36: Public Safety, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments Other Fund Sources Indirect DOAS Funding $118,568,037 $14,559,906 $5,728,935 $1,634,073 $7,196,898 $100,856,696 $100,856,696 $3,151,435 $3,151,435 $0 $0 Administration To work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state. Total Funds $9,858,551 State Funds $9,858,551 State General Funds $9,858,551 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 3, 2006 547 Amount from prior Appropriation Act (HB 85) Increase funds to reflect an adjustment in the Workers' Compensation premiums. Transfer 1 position and $30,000 in personal services funds from the Department of Revenue as part of the reorganization of the Department of Motor Vehicles. Amount appropriated in this Act State Funds $9,816,239 $12,312 $30,000 $9,858,551 Total Funds $9,816,239 $12,312 $30,000 $9,858,551 Aviation To perform search and rescue missions utilizing FLIR (Forward Looking Infra- Red)camera systems and Night Vision Goggles. Total Funds $2,310,619 State Funds $2,310,619 State General Funds $2,310,619 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,307,130 $2,307,130 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $3,489 $3,489 Amount appropriated in this Act $2,310,619 $2,310,619 Capitol Police Services 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 Executive Security Services 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 $1,053,285 State Funds $1,053,285 State General Funds $1,053,285 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 548 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act State Funds $1,050,978 $2,307 $1,053,285 Total Funds $1,050,978 $2,307 $1,053,285 Field Offices and Services To reduce drug trafficking in the State of Georgia by networking with other state, federal and local law enforcement agencies. Total Funds $62,490,439 State Funds $62,490,439 State General Funds $62,490,439 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $60,086,195 $60,086,195 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $135,952 $135,952 Replace 70 patrol vehicles in excess of 135,000 miles. $1,478,292 $1,478,292 Provide one-time grant funding to offset telecommunications costs for sworn Troopers. $790,000 $790,000 Amount appropriated in this Act $62,490,439 $62,490,439 Motor Carrier Compliance Division To provide law enforcement, training, inspections, citations, high occupancy vehicles, compliance reviews and school bus safety. Total Funds $16,101,777 Federal and Other Funds $9,758,896 Federal Funds Not specifically Identified $2,561,998 Other Funds $7,196,898 State Funds $6,342,881 State General Funds $6,342,881 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,329,515 $16,088,411 FRIDAY, FEBRUARY 3, 2006 549 Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act $13,366 $6,342,881 $13,366 $16,101,777 Specialized Collision Reconstruction Team (SCRT) To provide a means by which fatal crashes can be investigated thoroughly by specially trained investigators and properly document evidence in collisions. Total Funds $2,156,335 State Funds $2,156,335 State General Funds $2,156,335 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,150,997 $2,150,997 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $5,338 $5,338 Amount appropriated in this Act $2,156,335 $2,156,335 Troop J Specialty Units To support the Forensics Science Division of the GBI by overseeing and maintaining the entire breath-alcohol program for the State of Georgia. Total Funds $2,209,663 State Funds $2,209,663 State General Funds $2,209,663 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,204,535 $2,204,535 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $5,128 $5,128 Amount appropriated in this Act $2,209,663 $2,209,663 The following appropriations are for agencies attached for administrative purposes. Firefighter Standards and Training Council To provide minimum certification standards for all firefighters and public safety professionals. Total Funds $617,400 State Funds $617,400 State General Funds $617,400 550 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $551,565 $551,565 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $345 $345 Fund the conversion of the written firefighters' certification test to a web- based system. $15,490 $15,490 Fund use of state certified firefighters to evaluate firefighters' certification tests. $50,000 $50,000 Amount appropriated in this Act $617,400 $617,400 Office of Highway Safety To fund staff and activities for statewide comprehensive safety programs designed to reduce motor vehicle related traffic crashes, injuries, fatalities and other associated costs. Total Funds $3,654,322 Federal and Other Funds $3,166,937 Federal Funds Not specifically Identified $3,166,937 State Funds $487,385 State General Funds $487,385 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $485,876 $3,652,813 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,509 $1,509 Amount appropriated in this Act $487,385 $3,654,322 Peace Officer Standards and Training Council (POST) To provide minimum certification standards for peace officers and public safety professionals in Georgia. Total Funds $1,958,004 State Funds $1,958,004 State General Funds $1,958,004 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 3, 2006 551 Amount from prior Appropriation Act (HB 85) Increase funds to reflect an adjustment in the Workers' Compensation premiums. Transfer investigator position from the Department of Corrections to the Peace Officer Standards and Training Council. Provide funds for personal services to pay accrued leave for two retiring employees. Amount appropriated in this Act State Funds $1,905,971 $1,266 $10,767 $40,000 $1,958,004 Total Funds $1,905,971 $1,266 $10,767 $40,000 $1,958,004 Public Safety Training Center To develop, deliver and facilitate training that results in professional and competent public safety services for the people of Georgia. Total Funds $13,006,207 Federal and Other Funds $1,634,073 Agency Funds $1,634,073 State Funds $11,372,134 State General Funds $11,372,134 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $10,988,058 $12,622,131 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $9,076 $9,076 Increase regular operating expenses to upgrade burners, igniters, and control panels at 8 regional burn buildings. $75,000 $75,000 Transfer the Dalton Diversion Center to the Department of Public Safety to develop as a training center. $300,000 $300,000 Amount appropriated in this Act $11,372,134 $13,006,207 Section 37: Public Service Commission Total Funds Federal and Other Funds Federal Funds Not specifically Identified State Funds State General Funds Intra-State Government Transfers Other Fund Sources $8,735,701 $273,311 $273,311 $8,462,390 $8,462,390 $0 $0 552 JOURNAL OF THE HOUSE Administration To assist the Commissioners and staff in achieving the agency's goals. Total Funds $1,314,434 State Funds $1,314,434 State General Funds $1,314,434 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,401,396 $1,401,396 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,024 $1,024 Transfer personal services funds from the Administration program to the Utilities Regulation program to properly align expenditures among programs. ($87,986) ($87,986) Amount appropriated in this Act $1,314,434 $1,314,434 Facilities Protection To protect the customers, service providers and the general public from injury, and protect property and the environment from damage caused by fires, explosions and other incidents involving pipelines and other underground utility facilities. Total Funds $878,535 Federal and Other Funds $273,311 Federal Funds Not specifically Identified $273,311 State Funds $605,224 State General Funds $605,224 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $665,164 $938,475 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $579 $579 Transfer a position to the Facilities Protection program from the Utilities Regulation program to assist with the increasing workload in Facilities Protection. $0 $0 Transfer personal services funds from the Facilities Protection program to the Utilities Regulation program to properly align expenditures among programs. ($60,519) ($60,519) FRIDAY, FEBRUARY 3, 2006 553 Amount appropriated in this Act $605,224 $878,535 Utilities Regulation To regulate intrastate telecommunications, natural gas, and electric utilities to ensure that services are accessible, affordable and reliable either through traditional economic regulation or through the facilitation of competitive markets. Total Funds $6,542,732 State Funds $6,542,732 State General Funds $6,542,732 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,339,307 $6,339,307 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,920 $4,920 Transfer personal services funds from the Administration program to the Utilities Regulation program to properly align expenditures among programs. $87,986 $87,986 Transfer personal services funds from the Facilities Protection program to the Utilities Regulation program to properly align expenditures among programs. $60,519 $60,519 Transfer a position to the Facilities Protection program from the Utilities Regulation program to assist with the increasing workload in Facilities Protection. $0 $0 To provide funding for the Georgia Power Fuel Cost Recovery case. $50,000 $50,000 Amount appropriated in this Act $6,542,732 $6,542,732 Section 38: Regents, University System of Georgia Total Funds $4,568,488,852 Federal and Other Funds $2,749,984,962 Federal Funds Not specifically Identified $0 Agency Funds $1,165,428,894 Other Funds $6,665,310 Research Funds $1,577,890,758 State Funds $1,818,503,890 Tobacco Funds $16,232,554 State General Funds $1,802,271,336 Intra-State Government Transfers $0 554 JOURNAL OF THE HOUSE Other Fund Sources $0 Indirect DOAS Funding $0 ATDC/EDI To provide strategic business advice and connect its member companies to the people and resources they need to succeed. Total Funds $21,727,624 Federal and Other Funds $12,875,000 Agency Funds $12,875,000 State Funds $8,852,624 State General Funds $8,852,624 Agricultural Experiment Station To improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competitiveness. Total Funds $71,223,128 Federal and Other Funds $32,441,262 Agency Funds $10,441,262 Research Funds $22,000,000 State Funds $38,781,866 State General Funds $38,781,866 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $38,481,866 $70,923,128 Provide increased funding for maintenance and operations for the Agricultural Experiment Station to continue current level of service. $300,000 $300,000 Amount appropriated in this Act $38,781,866 $71,223,128 Athens/Tifton Vet labs To provide veterinarians and regulatory agencies with diagnostic support and surveillance for naturally occurring diseases affecting livestock, companion animals, and wildlife. Total Funds $4,695,512 Federal and Other Funds $4,653,970 Research Funds $4,653,970 State Funds $41,542 State General Funds $41,542 FRIDAY, FEBRUARY 3, 2006 555 Center for Assistive Technology and Environmental Access To provide research and development activities to target the increase function and independence of persons with disabilities. Total Funds $326,080 State Funds $326,080 State General Funds $326,080 Cooperative Extension Service 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 Federal and Other 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 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 To sustain competitiveness of Georgia's forest products industry and private landowners through research to increase forest productivity, improve cost-efficiency in fiber supply management, 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 To provide patient care and education. Total Funds Federal and Other Funds Other Funds $3,625,810 $3,625,810 $3,625,810 Georgia Tech Research Institute To aid in the promotion of scientific, engineering, and industrial research for the advancement of science, technology and education in Georgia. Total Funds $130,312,864 556 JOURNAL OF THE HOUSE Federal and Other Funds $122,917,958 Agency Funds $53,807,216 Research Funds $69,110,742 State Funds $7,394,906 State General Funds $7,394,906 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,842,095 $129,760,053 Provide funds to correct an error in personal services for the Georgia Tech Research Institute. $552,811 $552,811 Amount appropriated in this Act $7,394,906 $130,312,864 Marine Institute To conduct and support basic research on barrier island & salt marsh ecosystem function to support awareness & management of coastal environments. Provide educational experiences that inspire appreciation of and future commitment to the GA coast. Total Funds $1,690,798 Federal and Other Funds $767,633 Agency Funds $67,633 Research Funds $700,000 State Funds $923,165 State General Funds $923,165 Marine Extension Services To increase efficiency of existing marine industries/to identify new industries that don't harm environment/increase public knowledge of coastal ecosystems. Total Funds $2,611,550 Federal and Other Funds $1,184,800 Agency Funds $584,800 Research Funds $600,000 State Funds $1,426,750 State General Funds $1,426,750 MCG Hospitals and Clinics To care, teach, and refer clients. Total Funds State Funds State General Funds $31,510,080 $31,510,080 $31,510,080 FRIDAY, FEBRUARY 3, 2006 557 Office of Minority Business Enterprises To assist 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 To provide library services for Georgians and to award grants from the Public Library Fund. Total Funds $38,410,437 Federal and Other Funds $2,509,208 Agency Funds $2,509,208 State Funds $35,901,229 State General Funds $35,901,229 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $35,748,543 $38,257,751 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,042 $2,042 Adjust personal services to reflect an increase in the employer share of the State Health Benefit Plan to correct an error for the Public Libraries. $220,000 $220,000 Transfer $69,356 from Public Libraries to Regents Central Office to correct an error in the GBA real estate rental rate. ($69,356) ($69,356) Amount appropriated in this Act $35,901,229 $38,410,437 Public Service/Special Funding Initiatives To provide leadership, service, and education. Total Funds $30,231,275 State Funds $30,231,275 Tobacco Funds $5,000,000 State General Funds $25,231,275 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $29,821,275 $29,821,275 558 JOURNAL OF THE HOUSE Provide funds to North Georgia College and State University for loss of revenues due to cadet deployment. Amount appropriated in this Act $410,000 $30,231,275 $410,000 $30,231,275 Regents Central Office To provide administrative support to all colleges and universities in the university system. Total Funds $7,348,837 State Funds $7,348,837 State General Funds $7,348,837 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,264,505 $7,264,505 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $14,976 $14,976 Transfer $69,356 from Public Libraries to Regents Central Office to correct an error in the GBA real estate rental rate. $69,356 $69,356 Amount appropriated in this Act $7,348,837 $7,348,837 Research Consortium To conduct research to further industry in the State of Georgia. Total Funds $33,195,043 State Funds $33,195,043 Tobacco Funds $11,232,554 State General Funds $21,962,489 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $31,770,043 $31,770,043 Provide equipment funding for the Traditional Industries program. $900,000 $900,000 Provide funds for the Bio-Refinery in the Research Consortium program. $525,000 $525,000 Amount appropriated in this Act $33,195,043 $33,195,043 Skidaway Institute of Oceanography To provide a center of excellence in marine and ocean science research, which expands the body of knowledge on marine environments. FRIDAY, FEBRUARY 3, 2006 559 Total Funds $7,218,881 Federal and Other Funds $5,658,000 Agency Funds $1,520,000 Research Funds $4,138,000 State Funds $1,560,881 State General Funds $1,560,881 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,557,477 $7,215,477 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $3,404 $3,404 Amount appropriated in this Act $1,560,881 $7,218,881 Student Education Enrichment Program To provide underrepresented GA residents the opportunity to acquire educational experiences, clinical & career exposures & academic support to successfully adjust to the health professions environment, academic curriculum and campus environment. Total Funds $304,035 State Funds $304,035 State General Funds $304,035 Teaching 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 $4,080,271,862 Federal and Other Funds $2,519,332,893 Agency Funds $1,052,605,347 Other Funds $3,039,500 Research Funds $1,463,688,046 State Funds $1,560,938,969 State General Funds $1,560,938,969 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,558,562,243 $4,077,895,136 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,699,608 $1,699,608 Adjust debt service payback amount for the Student Center construction project at Georgia Southern University in the 560 JOURNAL OF THE HOUSE Teaching program. Amount appropriated in this Act $677,118 $1,560,938,969 $677,118 $4,080,271,862 Veterinary Medicine Experiment Station 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 To serve as the platform for interface with real world animal health problems and to provide instruction to veterinary students, post-graduate veterinarians and veterinary technician students. Total Funds $7,178,173 Federal and Other Funds $6,700,000 Agency Funds $6,700,000 State Funds $478,173 State General Funds $478,173 The following appropriations are for agencies attached for administrative purposes. Payments to Georgia Military College To provide quality basic education funding for the grades 6-12 middle school/high school. Total Funds $2,896,734 State Funds $2,896,734 State General Funds $2,896,734 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,500,092 $2,500,092 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $13,642 $13,642 Provide funds to GMC for loss of revenues due to cadet deployment. $383,000 $383,000 Amount appropriated in this Act $2,896,734 $2,896,734 Public Telecommunications Commission, Georgia To create, produce and distribute high quality programs and services that educate, inform and entertain our audiences and enrich the quality of their lives. FRIDAY, FEBRUARY 3, 2006 561 Total Funds $31,182,940 Federal and Other Funds $14,224,291 Agency Funds $14,224,291 State Funds $16,958,649 State General Funds $16,958,649 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $16,954,058 $31,178,349 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,591 $4,591 Amount appropriated in this Act $16,958,649 $31,182,940 Section 39: Revenue, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers Other Fund Sources Indirect DOAS Funding $531,797,473 $7,005,348 $0 $5,925,898 $1,079,450 $524,792,125 $150,000 $524,642,125 $0 $0 $0 Customer Service 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 $12,439,459 Federal and Other Funds $2,110,135 Agency Funds $2,110,135 State Funds $10,329,324 State General Funds $10,329,324 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,644,919 $11,755,054 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $8,469 $8,469 562 JOURNAL OF THE HOUSE Redirect unclaimed surplus funds ($675,936) from Homeowners' Tax Relief Grants to Customer Service to ensure positive customer relations with Georgia taxpayers. Amount appropriated in this Act $675,936 $10,329,324 $675,936 $12,439,459 Administration To provide administrative support for the department. Total Funds $3,980,865 State Funds $3,980,865 State General Funds $3,980,865 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,979,012 $3,979,012 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,853 $1,853 Amount appropriated in this Act $3,980,865 $3,980,865 Grants and Distribution 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 Homeowners Tax Relief Grants (HTRG) To provide 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 $412,290,501 State Funds $412,290,501 State General Funds $412,290,501 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $432,290,501 $432,290,501 Redirect unclaimed surplus funds ($7,425,526) from Homeowners' Tax Relief Grants to Revenue Processing to ensure timely and accurate processing of tax returns. ($7,425,526) ($7,425,526) FRIDAY, FEBRUARY 3, 2006 563 Reduce remaining unclaimed surplus Homeowner's Tax Relief Grants. Redirect unclaimed surplus funds ($1,349,284) from Homeowners' Tax Relief Grants to Tax Compliance to ensure timely and accurate revenue collections processing. Redirect unclaimed surplus funds ($225,000) from Homeowners' Tax Relief Grants to Motor Vehicle Registration to ensure accurate vehicle tax processing. Redirect unclaimed surplus funds ($675,936) from Homeowners' Tax Relief Grants to Customer Service to ensure positive customer relations with Georgia taxpayers. Amount appropriated in this Act ($10,324,254) ($1,349,284) ($225,000) ($675,936) $412,290,501 ($10,324,254) ($1,349,284) ($225,000) ($675,936) $412,290,501 Industry Regulation 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 $4,519,282 State Funds $4,519,282 Tobacco Funds $150,000 State General Funds $4,369,282 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,516,392 $4,516,392 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,890 $2,890 Amount appropriated in this Act $4,519,282 $4,519,282 Revenue Processing 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 $33,309,098 Federal and Other Funds $426,769 Other Funds $426,769 State Funds $32,882,329 State General Funds $32,882,329 564 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $28,891,183 $29,317,952 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $20,620 $20,620 Redirect unclaimed surplus funds ($7,425,526) from Homeowners' Tax Relief Grants to Revenue Processing to ensure timely and accurate processing of tax returns. $7,425,526 $7,425,526 Transfer 1 position to the Department of Public Safety. ($30,000) ($30,000) Recapture unclaimed surplus funds from Homeowners' Tax Relief Grants originally designated for Revenue Processing. ($3,425,000) ($3,425,000) Amount appropriated in this Act $32,882,329 $33,309,098 State Board of Equalization To provide local governing authorities a venue to appeal issues relating to the disapproval of a local tax digest by the Commissioner of Revenue; Board composed of Commissioner, Auditor, and Director of State Properties Commission. Total Funds $5,000 State Funds $5,000 State General Funds $5,000 Tax Compliance To ensure that all taxpayers pay the correct amount of taxes owed under the law. Total Funds $31,911,986 Federal and Other Funds $3,815,763 Agency Funds $3,815,763 State Funds $28,096,223 State General Funds $28,096,223 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $26,724,660 $30,540,423 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $22,279 $22,279 Redirect unclaimed surplus funds ($1,349,284) from Homeowners' Tax FRIDAY, FEBRUARY 3, 2006 565 Relief Grants to Tax Compliance to ensure timely and accurate revenue collections processing. Amount appropriated in this Act $1,349,284 $28,096,223 $1,349,284 $31,911,986 Salvage Inspection To inspect rebuilt salvage vehicles. Total Funds $1,528,545 State Funds $1,528,545 State General Funds $1,528,545 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,527,364 $1,527,364 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,181 $1,181 Amount appropriated in this Act $1,528,545 $1,528,545 Tag and Title Registration To provide for the registration of motor vehicles and the collection of ad valorem taxes. Total Funds $22,987,710 Federal and Other Funds $652,681 Other Funds $652,681 State Funds $22,335,029 State General Funds $22,335,029 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $22,099,571 $22,752,252 Redirect unclaimed surplus funds ($225,000) from Homeowners' Tax Relief Grants to Motor Vehicle Registration to ensure accurate vehicle tax processing. $225,000 $225,000 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $10,458 $10,458 Amount appropriated in this Act $22,335,029 $22,987,710 Section 40: Secretary of State Total Funds Federal and Other Funds Federal Funds Not specifically Identified $37,859,136 $1,493,584 $0 566 JOURNAL OF THE HOUSE Agency Funds Other Funds Records Center Storage Fee State Funds State General Funds Intra-State Government Transfers Other Fund Sources $1,064,350 $0 $429,234 $36,365,552 $36,365,552 $0 $0 Archives To assist 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 $6,362,909 Federal and Other Funds $504,234 Agency Funds $75,000 Records Center Storage Fee $429,234 State Funds $5,858,675 State General Funds $5,858,675 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,856,020 $6,360,254 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,655 $2,655 Create a new fund source to properly reflect the Record Center Storage revenue. $0 $0 Amount appropriated in this Act $5,858,675 $6,362,909 Capitol Tours To provide guided informational tours of the State Capitol. Total Funds $151,794 State Funds $151,794 State General Funds $151,794 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $151,672 $151,672 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $122 $122 Amount appropriated in this Act $151,794 $151,794 FRIDAY, FEBRUARY 3, 2006 567 Corporations To accept and review filings made pursuant to statutes; to issue certifications of records on file; and to provide general information to the public on all filed entities. Total Funds $2,053,698 Federal and Other Funds $739,350 Agency Funds $739,350 State Funds $1,314,348 State General Funds $1,314,348 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,312,934 $2,052,284 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,414 $1,414 Amount appropriated in this Act $1,314,348 $2,053,698 Elections To administer all duties imposed upon the Secretary of State by providing all required filing and public information services, performing all certification and commissioning duties required by law and assisting candidates, local governments, and citizens in interpreting and complying with all election, voter registration and financial disclosure laws. Total Funds $7,031,802 Federal and Other Funds $20,000 Agency Funds $20,000 State Funds $7,011,802 State General Funds $7,011,802 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,545,164 $5,565,164 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,715 $1,715 Provide funds for notification of voters affected by redistricting. $964,923 $964,923 Provide funds for photo ID card equipment for counties. $500,000 $500,000 Amount appropriated in this Act $7,011,802 $7,031,802 Administration To provide administrative support to the Office of Secretary of State and its attached agencies. 568 JOURNAL OF THE HOUSE Total Funds $4,963,531 Federal and Other Funds $30,000 Agency Funds $30,000 State Funds $4,933,531 State General Funds $4,933,531 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,642,318 $4,672,318 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,213 $4,213 Provide funds for legal fees associated with Voter ID litigation. $287,000 $287,000 Amount appropriated in this Act $4,933,531 $4,963,531 Professional Licensing Boards To protect the public health and welfare by supporting all operations of Boards which license professions. Total Funds $9,475,404 Federal and Other Funds $150,000 Agency Funds $150,000 State Funds $9,325,404 State General Funds $9,325,404 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,318,609 $9,468,609 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $6,795 $6,795 Amount appropriated in this Act $9,325,404 $9,475,404 Securities To provide for registration, compliance and enforcement of the provisions of the Georgia Codes, and to provide information to the public regarding subjects of such codes. Total Funds $2,013,168 Federal and Other Funds $50,000 Agency Funds $50,000 State Funds $1,963,168 State General Funds $1,963,168 FRIDAY, FEBRUARY 3, 2006 569 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,961,222 $2,011,222 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,946 $1,946 Amount appropriated in this Act $1,963,168 $2,013,168 The following appropriations are for agencies attached for administrative purposes. Georgia Drugs and Narcotics Agency 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 $1,290,028 State Funds $1,290,028 State General Funds $1,290,028 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,288,769 $1,288,769 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,259 $1,259 Amount appropriated in this Act $1,290,028 $1,290,028 Georgia Commission on the Holocaust To teach the lessons of the Holocaust to present and future generations of Georgians in order to create an awareness of the enormity of the crimes of prejudice and inhumanity. Total Funds $246,147 State Funds $246,147 State General Funds $246,147 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $245,915 $245,915 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $232 $232 Amount appropriated in this Act $246,147 $246,147 570 JOURNAL OF THE HOUSE Real Estate Commission To administer the license law for real estate brokers and salespersons and with providing administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal. Total Funds $2,929,042 State Funds $2,929,042 State General Funds $2,929,042 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,891,088 $2,891,088 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,954 $1,954 Provide funds to replace 2 high-mileage motor vehicles for investigations. $36,000 $36,000 Amount appropriated in this Act $2,929,042 $2,929,042 State Ethics Commission To protect the integrity of the democratic process and ensure compliance by candidates, public officials, non-candidate campaign committees, lobbyists and vendors with Georgia's Campaign and Financial Disclosure requirements. Total Funds $1,341,613 State Funds $1,341,613 State General Funds $1,341,613 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $824,434 $824,434 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $679 $679 Provide funds necessary to transfer electronic elections filing system from Secretary of State to State Ethics Commission. $16,500 $16,500 Provide funds for upgrades in technology associated with HB 48 (electronic campaign filing). $412,000 $412,000 Provide funds for technology upgrades and software compatibility. $88,000 $88,000 Amount appropriated in this Act $1,341,613 $1,341,613 FRIDAY, FEBRUARY 3, 2006 571 Section 41: Soil and Water Conservation Commission Total Funds $12,435,104 Federal and Other Funds $8,725,743 Federal Funds Not specifically Identified $1,295,526 Agency Funds $7,430,217 Other Funds $0 State Funds $3,709,361 State General Funds $3,709,361 Intra-State Government Transfers $0 Other Fund Sources $0 Administration To protect, conserve, and improve the soil and water resources of the State of Georgia. Total Funds $584,015 State Funds $584,015 State General Funds $584,015 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $583,098 $583,273 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $917 $917 Remove Other funds that were erroneously added into personal services ($175). $0 ($175) Amount appropriated in this Act $584,015 $584,015 Conservation of Agricultural Water Supplies To conserve the use of Georgia's ground and surface water by agricultural water users. Total Funds $7,746,091 Federal and Other Funds $7,499,922 Federal Funds Not specifically Identified $750,000 Agency Funds $6,749,922 State Funds $246,169 State General Funds $246,169 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $227,332 $7,727,254 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $376 $376 572 JOURNAL OF THE HOUSE Transfer funds from the Conservation of Soil and Water Resources program to the Conservation of Agricultural Water Supplies program for the Region V office in Dawson to more accurately reflect program activities. Amount appropriated in this Act $18,461 $246,169 $18,461 $7,746,091 Conservation of Soil and Water Resources To conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands. Total Funds $2,301,883 Federal and Other Funds $1,225,821 Federal Funds Not specifically Identified $545,526 Agency Funds $680,295 State Funds $1,076,062 State General Funds $1,076,062 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,092,694 $2,636,515 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,829 $1,829 Transfer funds from the Conservation of Soil and Water Resources program to the Conservation of Agricultural Water Supplies program for the Region V office in Dawson to more accurately reflect program activities. ($18,461) ($18,461) Remove funds for 4 contracts that were completed in FY 2005. (Total Funds: $385,000) $0 ($318,000) Amount appropriated in this Act $1,076,062 $2,301,883 USDA Flood Control Watershed Structures To provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. Total Funds $79,694 State Funds $79,694 State General Funds $79,694 FRIDAY, FEBRUARY 3, 2006 573 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $19,655 $19,655 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $39 $39 Redirect state funds from Water Resources and Land Use Planning program to USDA Flood Control Watershed Structures program to complete maintenance on 4 Category 1 Dams, ensuring the safety of Georgia residents. $60,000 $60,000 Amount appropriated in this Act $79,694 $79,694 Water Resources and Land Use Planning To improve the understanding of water use and to develop plans that improve water management and efficiency. Total Funds $1,723,421 State Funds $1,723,421 State General Funds $1,723,421 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,783,417 $1,850,417 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4 $4 Redirect state funds from Water Resources and Land Use Planning program to USDA Flood Control Watershed Structures program to complete maintenance on 4 Category 1 Dams, ensuring the safety of Georgia residents. ($60,000) ($60,000) Remove funds for 4 contracts that were completed in FY 2005. (Total Funds: $385,000) $0 ($67,000) Amount appropriated in this Act $1,723,421 $1,723,421 Section 42: Student Finance Commission and Authority, Georgia Total Funds $560,109,290 Federal and Other Funds $520,653 Federal Funds Not specifically Identified $520,653 574 JOURNAL OF THE HOUSE State Funds Lottery Funds State General Funds Intra-State Government Transfers Other Fund Sources $559,588,637 $521,548,450 $38,040,187 $0 $0 Accel To provide financial aid for postsecondary education. Total Funds State Funds Lottery Funds $6,000,000 $6,000,000 $6,000,000 Engineer Scholarship To provide financial aid for postsecondary education. Total Funds State Funds Lottery Funds $760,000 $760,000 $760,000 Georgia Military College Scholarship To provide financial aid for postsecondary education. Total Funds State Funds Lottery Funds $770,477 $770,477 $770,477 Governor's Scholarship Program To provide financial aid for postsecondary education. Total Funds State Funds State General Funds $2,329,200 $2,329,200 $2,329,200 Guaranteed Educational Loans To provide financial aid for postsecondary education. Total Funds State Funds State General Funds $3,799,883 $3,799,883 $3,799,883 HERO Scholarship Total Funds $100,000 State Funds $100,000 State General Funds $100,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 3, 2006 575 Amount from prior Appropriation Act (HB 85) Provide funds for the HERO Scholarship of $2,000 per award. Amount appropriated in this Act State Funds $0 $100,000 $100,000 Total Funds $0 $100,000 $100,000 HOPE Administration 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 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,111,697 $5,111,697 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $0 Amount appropriated in this Act $5,111,697 $5,111,697 HOPE GED To provide financial aid for postsecondary education. Total Funds State Funds Lottery Funds $2,840,694 $2,840,694 $2,840,694 HOPE Grant To provide financial aid for postsecondary education. Total Funds State Funds Lottery Funds $122,784,173 $122,784,173 $122,784,173 HOPE Scholarships - Private Schools To provide financial aid for postsecondary education. Total Funds State Funds Lottery Funds $45,751,850 $45,751,850 $45,751,850 HOPE Scholarships - Public Schools To provide financial aid for postsecondary education. 576 JOURNAL OF THE HOUSE Total Funds State Funds Lottery Funds Law Enforcement Dependents Grant To provide financial aid for a postsecondary education. Total Funds State Funds State General Funds Leveraging Educational Assistance Partnership Program (LEAP) To provide financial aid for postsecondary education. Total Funds Federal and Other Funds Federal Funds Not specifically Identified State Funds State General Funds North Ga. Military Scholarship Grants To provide financial aid for postsecondary education. Total Funds State Funds State General Funds North Georgia ROTC Grants To provide financial aid for postsecondary education. Total Funds State Funds State General Funds Promise II Scholarship Service Cancelable Loan - Program is discontinued. Total Funds State Funds Lottery Funds Promise Scholarship To provide financial aid for postsecondary education. Total Funds State Funds Lottery Funds $326,011,143 $326,011,143 $326,011,143 $50,911 $50,911 $50,911 $1,487,410 $520,653 $520,653 $966,757 $966,757 $683,951 $683,951 $683,951 $432,479 $432,479 $432,479 $74,590 $74,590 $74,590 $5,855,278 $5,855,278 $5,855,278 FRIDAY, FEBRUARY 3, 2006 577 Public Memorial Safety Grant To provide financial aid for postsecondary education. Total Funds State Funds Lottery Funds $255,850 $255,850 $255,850 Teacher Scholarship To provide financial aid for postsecondary education. Total Funds State Funds Lottery Funds $5,332,698 $5,332,698 $5,332,698 Tuition Equalization Grants To provide financial aid for postsecondary education. Total Funds State Funds State General Funds $29,031,802 $29,031,802 $29,031,802 The following appropriations are for agencies attached for administrative purposes. Regulate Colleges and Schools Ensure that nonpublic postsecondary educational institutions are educationally sound and financially stable. Total Funds $645,204 State Funds $645,204 State General Funds $645,204 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $645,204 $645,204 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $0 Amount appropriated in this Act $645,204 $645,204 Section 43: Teachers' Retirement System Total Funds Federal and Other Funds Other Funds State Funds State General Funds Intra-State Government Transfers $24,748,470 $6,019 $6,019 $1,980,000 $1,980,000 $22,762,451 578 JOURNAL OF THE HOUSE Retirement Payments Other Fund Sources $22,762,451 $0 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.24% for S.F.Y. 2005. Local/Floor COLA To provide retirees from local retirement systems a minimum allowance upon retirement and a post-retirement benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS. Total Funds $1,980,000 State Funds $1,980,000 State General Funds $1,980,000 System Administration To provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. Total Funds $22,768,470 Federal and Other Funds $6,019 Other Funds $6,019 Intra-State Government Transfers $22,762,451 Retirement Payments $22,762,451 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $22,762,451 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $6,019 Amount appropriated in this Act $0 $22,768,470 Section 44: Technical and Adult Education, Department of Total Funds $405,286,340 Federal and Other Funds $75,747,117 Federal Funds Not specifically Identified $19,814,459 Agency Funds $55,932,658 State Funds $329,539,223 State General Funds $329,539,223 Intra-State Government Transfers $0 Other Fund Sources $0 Adult Literacy To enable every adult learner in Georgia to acquire the necessary basic skills -- FRIDAY, FEBRUARY 3, 2006 579 reading, writing, computation, speaking, and listening -- to compete successfully in today's workplace, strengthen family foundations, and exercise full citizenship. Total Funds $19,154,679 Federal and Other Funds $7,791,412 Federal Funds Not specifically Identified $6,669,526 Agency Funds $1,121,886 State Funds $11,363,267 State General Funds $11,363,267 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $11,853,450 $19,996,669 Add funds to correct personal services error in Administration ($414,434), Adult Literacy ($159,014), Economic Development ($372,280) and Technical Education ($7,690,188). $159,014 $159,014 Realign programs to meet actual expenditures and properly reflect funds for administration by transferring funds from Adult Literacy (Total Funds: $1,001,004) and Technical Education (Total Funds: $4,898,960). ($649,197) ($1,001,004) Amount appropriated in this Act $11,363,267 $19,154,679 Administration 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 $11,050,097 Federal and Other Funds $2,059,788 Federal Funds Not specifically Identified $2,059,788 State Funds $8,990,309 State General Funds $8,990,309 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,728,848 $4,728,848 580 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the Workers' Compensation premiums. Add funds to correct personal services error in Administration ($414,434), Adult Literacy ($159,014), Economic Development ($372,280) and Technical Education ($7,690,188). Realign programs to meet actual expenditures and properly reflect funds for administration by transferring funds from Adult Literacy (Total Funds: $1,001,004) and Technical Education (Total Funds: $4,898,960). Realign programs to meet actual expenditures and properly reflect funds for administration by transferring funds from Adult Literacy (Total Funds: $1,001,004) and Technical Education (Total Funds: $4,898,960). Amount appropriated in this Act $6,851 $6,851 $414,434 $414,434 $649,197 $1,001,004 $3,190,979 $8,990,309 $4,898,960 $11,050,097 Quick Start and Customized Services To provide a number of programs and services designed to assist businesses and industries with their training needs. Total Funds $12,262,059 State Funds $12,262,059 State General Funds $12,262,059 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $11,889,779 $11,889,779 Add funds to correct personal services error in Administration ($414,434), Adult Literacy ($159,014), Economic Development ($372,280) and Technical Education ($7,690,188). $372,280 $372,280 Amount appropriated in this Act $12,262,059 $12,262,059 Technical Education 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. FRIDAY, FEBRUARY 3, 2006 581 Total Funds Federal and Other Funds Federal Funds Not Identified Agency Funds State Funds State General Funds specifically $362,819,505 $65,895,917 $11,085,145 $54,810,772 $296,923,588 $296,923,588 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $292,105,724 $359,709,622 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $209,290 $209,290 Add funds to correct personal services error in Administration ($414,434), Adult Literacy ($159,014), Economic Development ($372,280) and Technical Education ($7,690,188). $7,690,188 $7,690,188 Realign programs to meet actual expenditures and properly reflect funds for administration by transferring funds from Adult Literacy (Total Funds: $1,001,004) and Technical Education (Total Funds: $4,898,960). ($3,190,979) ($4,898,960) Provide funding for a pest control certification testing program at Technical Colleges. $109,365 $109,365 Amount appropriated in this Act $296,923,588 $362,819,505 Section 45: Transportation, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds Federal Highway Administration Highway Planning and Construction Federal Transit Administration Capital Investment Grants State Funds State Motor Fuel $1,823,229,579 $1,149,375,178 $6,000,000 $8,799,470 $21,717,277 $1,100,000,000 $12,858,431 $673,196,606 $658,555,019 582 JOURNAL OF THE HOUSE State General Funds Intra-State Government Transfers Other Intra-State Government Payments Other Fund Sources $14,641,587 $657,795 $657,795 $0 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 onsystem 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. Air Transportation Provides air transportation to state officials and companies considering a move to Georgia; conducts aerial photography flights; saves state officials and employees time and lodging expenses by traveling by air. Total Funds $2,006,728 State Funds $1,348,933 State General Funds $1,348,933 Intra-State Government Transfers $657,795 Other Intra-State Government Payments $657,795 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 3, 2006 583 Amount from prior Appropriation Act (HB 85) Increase funds to reflect an adjustment in the Workers' Compensation premiums. Transfer $7,726 from the Air Transportation program to the Transit program to cover the retirement cost of 2 employees. Amount appropriated in this Act State Funds $1,354,828 $1,831 ($7,726) $1,348,933 Total Funds $2,012,623 $1,831 ($7,726) $2,006,728 Airport Aid Supports statewide economic development by providing the infrastructure for a safe, efficient, and adequate air transportation system. Total Funds $11,390,454 Federal and Other Funds $6,000,000 Federal Funds Not specifically Identified $6,000,000 State Funds $5,390,454 State General Funds $5,390,454 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,459,409 $11,459,409 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $366 $366 Realign funds among programs to meet projected expenditures. ($63,620) ($63,620) Transfer funds from the Airport Aid ($5,701), Ports and Waterways ($19,535), Rail ($25,120) and Transit ($428,038) programs to the Administration program ($478,394) to consolidate administrative functions in accordance with department operations. ($5,701) ($5,701) Amount appropriated in this Act $5,390,454 $11,390,454 Data Collection, Compliance and Reporting Provides quality transportation data products in the appropriate format within an acceptable timeframe that meet the needs of our business partners, transportation professionals and the citizens of Georgia. Total Funds $6,687,100 Federal and Other Funds $3,899,639 584 JOURNAL OF THE HOUSE Agency Funds $62,257 Other Funds $52,844 Federal Highway Administration Highway Planning and Construction $3,784,538 State Funds $2,787,461 State Motor Fuel $1,970,325 State General Funds $817,136 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,396,794 $6,296,433 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,373 $1,373 Transfer funds from the Administration (Total Funds: $495,078) and State Highway System Construction and Improvement (Total Funds: $161,013) programs to the Data Collection, Compliance and Reporting (Total Funds: $161,013), Local Road Assistance (Total Funds: $274,658) and State Highway System Operations (Total Funds: $220,420) programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. $47,047 $161,013 Realign funds among programs to meet projected expenditures. ($47,047) ($161,013) Realign funds among programs to meet projected expenditures. $389,294 $389,294 Amount appropriated in this Act $2,787,461 $6,687,100 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 $68,344,771 Federal and Other Funds $11,837,579 Agency Funds $816,960 Other Funds $1,487,276 Federal Highway Administration Highway Planning and Construction $9,533,343 FRIDAY, FEBRUARY 3, 2006 585 State Funds $56,507,192 State Motor Fuel $55,929,801 State General Funds $577,391 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $41,568,294 $53,405,873 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $550 $550 Transfer funds from the Airport Aid ($5,701), Ports and Waterways ($19,535), Rail ($25,120) and Transit ($428,038) programs to the Administration program ($478,394) to consolidate administrative functions in accordance with department operations. $478,394 $478,394 Realign funds among programs to meet projected expenditures. $179,495 $495,078 Realign funds among programs to meet projected expenditures. $14,459,954 $14,459,954 Transfer funds from the Administration (Total Funds: $495,078) and State Highway System Construction and Improvement (Total Funds: $161,013) programs to the Data Collection, Compliance and Reporting (Total Funds: $161,013), Local Road Assistance (Total Funds: $274,658) and State Highway System Operations (Total Funds: $220,420) programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. ($179,495) ($495,078) Amount appropriated in this Act $56,507,192 $68,344,771 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 $208,829,110 Federal and Other Funds $71,013,363 Agency Funds $677,243 Other Funds $2,907,082 586 JOURNAL OF THE HOUSE Federal Highway Administration Highway Planning and Construction $67,429,038 State Funds $137,815,747 State Motor Fuel $137,815,747 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $88,634,898 $159,648,261 Realign funds among programs to meet projected expenditures. ($130,024) ($274,658) Realign funds among programs to meet projected expenditures. $1,893,583 $1,893,583 Transfer funds from the Administration (Total Funds: $495,078) and State Highway System Construction and Improvement (Total Funds: $161,013) programs to the Data Collection, Compliance and Reporting (Total Funds: $161,013), Local Road Assistance (Total Funds: $274,658) and State Highway System Operations (Total Funds: $220,420) programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. $130,024 $274,658 Provide $117,000,000 for the local road initiative "Paving the Way Home" by increasing the Local Assistance Road program (LARP) from $38 million to $60 million, state fund construction/off-system from $18,562,534 to $34 million and state fund construction/most-needed from $6,583,667 to $23 million. Also provide $322,788 for facility repairs and renovations in the State Highway System Construction and Improvement program. $47,287,266 $47,287,266 Amount appropriated in this Act $137,815,747 $208,829,110 Ports and Waterways Partners with the US Army Corps of Engineers to maintain the navigability of the Atlantic Intracoastal Waterway and GA's deep water ports to promote international trade and enrich the state's economy. Total Funds $1,044,872 FRIDAY, FEBRUARY 3, 2006 587 State Funds $1,044,872 State General Funds $1,044,872 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,119,230 $1,119,230 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $183 $183 Realign funds among programs to meet projected expenditures. ($55,006) ($55,006) Transfer funds from the Airport Aid ($5,701), Ports and Waterways ($19,535), Rail ($25,120) and Transit ($428,038) programs to the Administration program ($478,394) to consolidate administrative functions in accordance with department operations. ($19,535) ($19,535) Amount appropriated in this Act $1,044,872 $1,044,872 Rail Improves and increases mobility, optimizes the use of existing transportation infrastructure, and provides cost-effective transportation options to support transportation, air quality, and development initiatives for both freight and passenger service. Total Funds $534,641 State Funds $534,641 State General Funds $534,641 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $657,658 $657,658 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $366 $366 Transfer funds from the Airport Aid ($5,701), Ports and Waterways ($19,535), Rail ($25,120) and Transit ($428,038) programs to the Administration program ($478,394) to consolidate administrative functions in accordance with department operations. ($25,120) ($25,120) 588 JOURNAL OF THE HOUSE Realign funds among programs to meet projected expenditures. Amount appropriated in this Act ($98,263) $534,641 ($98,263) $534,641 State Highway System Construction and Improvement The purpose is to ensure a safe and efficient transportation system. Total Funds $1,081,459,947 Federal and Other Funds $856,894,963 Agency Funds $165,000 Other Funds $10,404,488 Federal Highway Administration Highway Planning and Construction $846,325,475 State Funds $224,564,984 State Motor Fuel $224,564,984 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $223,494,656 $1,080,389,619 Transfer funds from the Administration (Total Funds: $495,078) and State Highway System Construction and Improvement (Total Funds: $161,013) programs to the Data Collection, Compliance and Reporting (Total Funds: $161,013), Local Road Assistance (Total Funds: $274,658) and State Highway System Operations (Total Funds: $220,420) programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. ($47,047) ($161,013) Provide $117,000,000 for the local road initiative "Paving the Way Home" by increasing the Local Assistance Road program (LARP) from $38 million to $60 million, state fund construction/off-system from $18,562,534 to $34 million and state fund construction/most-needed from $6,583,667 to $23 million. Also provide $322,788 for facility repairs and renovations in the State Highway System Construction and Improvement program. $6,889,321 $6,889,321 FRIDAY, FEBRUARY 3, 2006 589 Realign funds among programs to meet projected expenditures. Realign funds among programs to meet projected expenditures. Amount appropriated in this Act $47,047 ($5,818,993) $224,564,984 $161,013 ($5,818,993) $1,081,459,947 State Highway System Maintenance The purpose is to coordinate all statewide maintenance activities. Total Funds $323,762,051 Federal and Other Funds $157,794,621 Agency Funds $3,049,770 Other Funds $6,286,801 Federal Highway Administration Highway Planning and Construction $148,458,050 State Funds $165,967,430 State Motor Fuel $165,967,430 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $177,960,168 $335,754,789 Realign funds among programs to meet projected expenditures. ($11,992,738) ($11,992,738) Amount appropriated in this Act $165,967,430 $323,762,051 State Highway System Operations The purpose is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management. Total Funds $47,382,422 Federal and Other Funds $29,074,582 Agency Funds $4,026,240 Other Funds $578,786 Federal Highway Administration Highway Planning and Construction $24,469,556 State Funds $18,307,840 State Motor Fuel $18,307,840 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $17,240,493 $46,315,075 Realign funds among programs to meet projected expenditures. ($49,471) ($220,420) 590 JOURNAL OF THE HOUSE Realign funds among programs to meet projected expenditures. Transfer funds from the Administration (Total Funds: $495,078) and State Highway System Construction and Improvement (Total Funds: $161,013) programs to the Data Collection, Compliance and Reporting (Total Funds: $161,013), Local Road Assistance (Total Funds: $274,658) and State Highway System Operations (Total Funds: $220,420) programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. Amount appropriated in this Act $1,067,347 $49,471 $18,307,840 $1,067,347 $220,420 $47,382,422 Transit Preserves and enhances the state's urban and rural public transit programs by providing financial and technical assistance to rural and urban transit systems. Total Funds $17,788,591 Federal and Other Funds $12,860,431 Agency Funds $2,000 Federal Transit Administration Capital Investment Grants $12,858,431 State Funds $4,928,160 State General Funds $4,928,160 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,129,480 $17,989,911 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $550 $550 Transfer $7,726 from the Air Transportation program to the Transit program to cover the retirement cost of 2 employees. $7,726 $7,726 Transfer funds from the Airport Aid ($5,701), Ports and Waterways ($19,535), Rail ($25,120) and Transit ($428,038) programs to the Administration program ($478,394) to consolidate administrative functions in accordance with department operations. ($428,038) ($428,038) FRIDAY, FEBRUARY 3, 2006 591 Realign funds among programs to meet projected expenditures. Amount appropriated in this Act $218,442 $4,928,160 $218,442 $17,788,591 The following appropriations are for agencies attached for administrative purposes. Payments to 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 $53,998,892 State Funds $53,998,892 State Motor Fuel $53,998,892 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $54,000,460 $54,000,460 Decrease payments to the State Road and Tollway Authority from $54,000,460 to $53,998,892 to reflect the current debt service payment schedule. ($1,568) ($1,568) Amount appropriated in this Act $53,998,892 $53,998,892 Section 46: Veterans Service, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified State Funds State General Funds Intra-State Government Transfers Other Fund Sources $32,482,202 $10,984,151 $10,984,151 $21,498,051 $21,498,051 $0 $0 Administration To coordinate, manage and supervise all aspects of department operations to include financial, public information, personnel, accounting, purchasing and supply, mail, information technology, records management and supervisory responsibilities. Total Funds $747,863 Federal and Other Funds $79,875 Federal Funds Not specifically Identified $79,875 State Funds $667,988 State General Funds $667,988 592 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $676,034 $755,909 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $616 $616 Realign personal services from Administration ($8,662), Georgia Veterans Memorial Cemetery ($2,889), and Veterans Benefits ($84,706) to Georgia War Veterans Nursing Home - Augusta ($96,257) to meet projected expenses. ($8,662) ($8,662) Amount appropriated in this Act $667,988 $747,863 Georgia Veterans Memorial Cemetery To provide for the internment of eligible Georgia Veterans who served faithfully and honorably in the military service of our country. Total Funds $295,179 State Funds $295,179 State General Funds $295,179 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $297,683 $297,683 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $385 $385 Realign personal services from Administration ($8,662), Georgia Veterans Memorial Cemetery ($2,889), and Veterans Benefits ($84,706) to Georgia War Veterans Nursing Home - Augusta ($96,257) to meet projected expenses. ($2,889) ($2,889) Amount appropriated in this Act $295,179 $295,179 Veterans Benefits 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. FRIDAY, FEBRUARY 3, 2006 593 Total Funds $6,033,548 Federal and Other Funds $574,391 Federal Funds Not specifically Identified $574,391 State Funds $5,459,157 State General Funds $5,459,157 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,537,168 $6,111,559 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $6,695 $6,695 Realign personal services from Administration ($8,662), Georgia Veterans Memorial Cemetery ($2,889), and Veterans Benefits ($84,706) to Georgia War Veterans Nursing Home - Augusta ($96,257) to meet projected expenses. ($84,706) ($84,706) Amount appropriated in this Act $5,459,157 $6,033,548 GWVNH - Augusta Long term care facility that provides skilled nursing care to chronically ill veterans. Operated under contract with Board of Regents by the Medical College of Georgia. Provides educational experience to students attending Medical College of Georgia. Total Funds $7,788,237 Federal and Other Funds $3,104,750 Federal Funds Not specifically Identified $3,104,750 State Funds $4,683,487 State General Funds $4,683,487 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,437,230 $7,541,980 Realign personal services from Administration ($8,662), Georgia Veterans Memorial Cemetery ($2,889), and Veterans Benefits ($84,706) to Georgia War Veterans Nursing Home - Augusta ($96,257) to meet projected 594 JOURNAL OF THE HOUSE expenses. Provide funding to cover the increasing cost of healthcare and pharmaceuticals. Amount appropriated in this Act $96,257 $150,000 $4,683,487 $96,257 $150,000 $7,788,237 GWVH - Milledgeville To provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans. Total Funds $17,617,375 Federal and Other Funds $7,225,135 Federal Funds Not specifically Identified $7,225,135 State Funds $10,392,240 State General Funds $10,392,240 Section 47: Workers' Compensation, State Board of Total Funds $15,946,280 Federal and Other Funds $240,000 Agency Funds $240,000 State Funds $15,706,280 State General Funds $15,706,280 Intra-State Government Transfers $0 Other Fund Sources $0 Administer the Workers' Comp Laws To provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. Total Funds $9,374,810 State Funds $9,374,810 State General Funds $9,374,810 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,366,793 $9,366,793 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $8,017 $8,017 Amount appropriated in this Act $9,374,810 $9,374,810 Administration 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 $6,571,470 FRIDAY, FEBRUARY 3, 2006 595 Federal and Other Funds $240,000 Agency Funds $240,000 State Funds $6,331,470 State General Funds $6,331,470 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,330,487 $6,570,487 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $983 $983 Amount appropriated in this Act $6,331,470 $6,571,470 Section 48: General Obligation Debt Sinking Fund Total Funds $995,617,506 Federal and Other Funds $0 State Funds $995,617,506 Tobacco Funds $0 State Motor Fuel $192,385,000 State General Funds $803,232,506 Intra-State Government Transfers $0 Other Fund Sources $0 GO Bonds Issued Total Funds $900,468,957 State Funds $900,468,957 State Motor Fuel $155,000,000 State General Funds $745,468,957 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $749,590,893 $749,590,893 Provide state funds to pre-fund debt service obligations due in FY 2007. $46,880,438 $46,880,438 Reduce debt service to reflect an interest rate adjustment from 4.2% to 4.5% for 5-year bonds and from 5.85% to 5.75% for 20 year bonds. ($609,232) ($609,232) Transfer $104,606,858 from General Obligation Debt Sinking Fund - New: Authorized Under Previous Appropriations Act program to General 596 JOURNAL OF THE HOUSE Obligation Debt Sinking Fund (Issued) program. Amount appropriated in this Act $104,606,858 $900,468,957 $104,606,858 $900,468,957 GO Bonds New Total Funds $95,148,549 State Funds $95,148,549 State Motor Fuel $37,385,000 State General Funds $57,763,549 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $80,817,429 $80,817,429 Increase Motor Fuel Tax Funds to fund the highest annual debt service required to issue $300,000,000 in authorized general obligation bonds using variable-rate interest. $6,765,000 $6,765,000 Total of Bonds Associated with this Program $7,566,120 $7,566,120 Amount appropriated in this Act $95,148,549 $95,148,549 Bond Financing Appropriated: [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, FRIDAY, FEBRUARY 3, 2006 597 construction, development, extension, enlargement, or improvement of land, waters, 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. [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. [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 598 JOURNAL OF THE HOUSE 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 #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. [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 #22] From the appropriation designated "State General Funds (New)", $86,940 FRIDAY, FEBRUARY 3, 2006 599 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 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 #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, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more 600 JOURNAL OF THE HOUSE 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 #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 #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. FRIDAY, FEBRUARY 3, 2006 601 [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, 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 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, 602 JOURNAL OF THE HOUSE extension, enlargement, or improvement of land, waters, 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] 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 FRIDAY, FEBRUARY 3, 2006 603 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, development, extension, enlargement, or improvement of land, waters, 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. 604 JOURNAL OF THE HOUSE [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 $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, FRIDAY, FEBRUARY 3, 2006 605 development, extension, enlargement, or improvement of land, waters, 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. [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 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 606 JOURNAL OF THE HOUSE 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 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 FRIDAY, FEBRUARY 3, 2006 607 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. [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)", $168,000 is specifically appropriated for the purpose of financing projects and facilities for the Agriculture, Department of by means of the acquisition, construction, 608 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 $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] 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. [BOND #79] From the appropriation designated "State General Funds (New)", $6,400,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than 50,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. [BOND #80] From the appropriation designated "State General Funds (New)", $427,150 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than 5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [BOND #81] From the appropriation designated "State General Funds (New)", $170,860 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 $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 #82] From the appropriation designated "State General Funds (New)", $170,860 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 West Georgia Regional Public Library for the Epheaus Library, through the issuance of not more than $650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. FRIDAY, FEBRUARY 3, 2006 609 [BOND #83] From the appropriation designated "State General Funds (New)", $170,860 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the East Central Georgia Regional Public Library for the Headquarters 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 #84] From the appropriation designated "State General Funds (New)", $170,860 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Forsyth County Public Library for the Post Road Branch 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 #85] From the appropriation designated "State General Funds (New)", $170,860 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 Gwinnett County Public Library for the Hamilton Mill Branch 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. Authorized Under Previous Appropriations Act The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $104,606,858 $104,606,858 Transfer $104,606,858 from General Obligation Debt Sinking Fund - New: Authorized Under Previous Appropriations Act program to General Obligation Debt Sinking Fund (Issued) program. ($104,606,858) ($104,606,858) Amount appropriated in this Act $0 $0 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 610 JOURNAL OF THE HOUSE 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 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, 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. FRIDAY, FEBRUARY 3, 2006 611 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 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). 612 JOURNAL OF THE HOUSE 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. 45-74(b), in the amount of 2% for each state officer whose salary is set by Code Sections 45-7-4(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 nonacademic 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. 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. FRIDAY, FEBRUARY 3, 2006 613 The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 1026 designating Representative Keen of the 179th as Chairman thereof. The Speaker called the House to order. The Committee of the Whole arose and through its Chairman reported HB 1026 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton E 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 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 Everson 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 Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall E Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E 614 JOURNAL OF THE HOUSE Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Heckstall Y Hembree Henson Y Hill, C Y Maddox Y Mangham Y Manning Y Marin Y Roberts Y Rogers Y Royal Y Rynders Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 159, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Due to a mechanical malfunction, the vote of Representative Stanley-Turner of the 53rd was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon. Representatives Abdul-Salaam of the 74th, Henson of the 87th, Stephenson of the 92nd, Thomas of the 55th, 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. 2-3-06 Mr. Clerk, Legislative business within my district demands that I not be present for the session on 23-06. The amended 06 budget is on the calendar to be voted on. Please record that I would have voted for this bill had I been there. /s/ Ellis Black Representative Ehrhart of the 36th assumed the chair. The following Resolutions of the House and Senate were read and adopted: HR 1260. By Representatives Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th: A RESOLUTION remembering and honoring the life of Mr. A. Gilmore Crumpler, Jr.; and for other purposes. HR 1261. By Representatives Henson of the 87th, Brown of the 69th, Harbin of the 118th, Gardner of the 57th, Buckner of the 130th and others: FRIDAY, FEBRUARY 3, 2006 615 A RESOLUTION recognizing and commending the Georgia Pharmacy Association and the pharmacists of Georgia; and for other purposes. HR 1262. By Representatives Buckner of the 76th, Dodson of the 75th, Barnes of the 78th, Sinkfield of the 60th, Heckstall of the 62nd and others: A RESOLUTION commending Ms. Sherryl Nelson and her career as the director of Clayton State University's Spivey Hall; and for other purposes. HR 1263. By Representative Mangham of the 94th: A RESOLUTION commending Mrs. Libby Mitchell for her service on the Lithonia City Council; and for other purposes. HR 1264. By Representative Mangham of the 94th: A RESOLUTION honoring the accomplishments of Annie Woodall, the Director of the Lithonia Senior Center, as she nears retirement; and for other purposes. SR 761. By Senators Thomas of the 54th and Mullis of the 53rd: A RESOLUTION commending Cohutta First Baptist Church and congratulating it on its 100th anniversary; and for other purposes. Representative Keen of the 179th moved that the House do now adjourn until 1:00 o'clock, P.M., Monday, February 6, 2006, and the motion prevailed. Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 1:00 o'clock, P.M., Monday, February 6, 2006. 616 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Monday, February 6, 2006 The House met pursuant to adjournment at 1:00 o'clock, P.M., this day and was called to order by the Speaker. The following communication was received: House of Representatives Legislative Office Building, Room 404 Atlanta, Georgia 30334 February 6, 2006 Memo Robbie Rivers, Clerk House of Representatives 309 State Capitol Atlanta, Georgia 30334 Dear Mr. Clerk: Please excuse my absence, today I will be attending the Funeral Services of Frank Eldridge, Secretary of the Senate, held at the First Baptist Church of Waycross at 4:00pm today. Sincerely, /s/ Mark Hatfield Representative Mark Hatfield MH/jr The roll was called and the following Representatives answered to their names: Abdul-Salaam Amerson Anderson Ashe Barnard Bearden Benton Black E Borders Davis Day Dickson Dodson Drenner Dukes Ehrhart England Everson Horne E Hudson Hugley E Jackson Jacobs James Jamieson Jenkins Jennings Maxwell McCall E McClinton Meadows E Millar Mills Mitchell Morris Mosley Scott, A Scott, M Setzler Sheldon Sims, C Sims, F Smith, B Smith, L Smith, P MONDAY, FEBRUARY 6, 2006 617 Bridges Brooks Brown Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Byrd E Carter Chambers Cheokas Coan Cole Coleman, B Cooper Cox Crawford Cummings Fleming Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger Golick Graves, D Graves, T Greene Harbin Heard, J Heard, K Hembree Hill, C E Hill, C.A Holt Johnson Jones, J Jones, S Keen Keown Kidd Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lunsford Maddox Manning Marin Martin Mumford Murphy, J Murphy, Q Neal Oliver O'Neal E Parham Parrish Parsons Ralston E Ray Reece, B Reece, S Rice Roberts Rogers Royal Rynders Scheid Smith, R E Smith, T Smith, V Stephens Talton Teilhet Thomas, B Tumlin Walker Warren Watson Wilkinson Willard Williams, A Williams, E Williams, R Wix Yates Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Barnes of the 78th, Beasley-Teague of the 65th, Bordeaux of the 162nd, Butler of the 18th, Casas of the 103rd, Channell of the 116th, Dean of the 59th, Dollar of the 45th, Epps of the 128th, Floyd of the 99th, Hanner of the 148th, Heckstall of the 62nd, Holmes of the 61st, Howard of the 121st, Jordan of the 77th, Knight of the 126th, Lucas of the 139th, Mangham of the 94th, May of the 111th, Mosby of the 90th, Orrock of the 58th, Powell of the 29th, Randall of the 138th, Reese of the 98th, Shaw of the 176th, Smyre of the 132nd, Stanley-Turner of the 53rd, Stephenson of the 92nd, and Thomas of the 55th. They wish to be recorded as present. The following Resolution of the House was read and adopted: HR 1265. By Representatives Hatfield of the 177th, Richardson of the 19th, Burkhalter of the 50th, Keen of the 179th and Fleming of the 117th A RESOLUTION Honoring the life and memory of Frank Eldridge, Jr.; and for other purposes. WHEREAS, Mr. Frank Eldridge, Jr., was born on July 29, 1932, in Waycross, Georgia, and passed away February 4, 2006; and 618 JOURNAL OF THE HOUSE WHEREAS, with his passing the State of Georgia has lost one of her most distinguished public servants and a beloved friend of the Georgia General Assembly and its members; and WHEREAS, Mr. Eldridge graduated from Gordon Military College in 1950 and went on to become a respected and successful leader in the Waycross and Ware County business community; and WHEREAS, he devoted a lifetime of service to the people of Georgia, serving as a member of the Georgia State Senate from 1965 to 1982; as executive director of the Georgia Public Service Commission from 1988 to 1992; and as Secretary of the Senate for the Georgia State Senate from 1993 until his death; and WHEREAS, he was universally respected and admired for his wisdom, his knowledge of legislative matters, his courtesy, his wit, and his unfailing devotion to the best interests of the State of Georgia; and he performed countless selfless acts to serve the Georgia General Assembly and its members; and WHEREAS, Mr. Eldridge is survived by his wife, Leland Eldridge; his son, Pete Eldridge; his daughter, Zeda Matich; his sister, Margaret Denton; five grandchildren; and three great-grandchildren. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body join in expressing to the family of Frank Eldridge, Jr., their condolences in this time of loss and also join in honoring and paying tribute to the life and memory of a most highly esteemed public servant who will be sorely missed by all who were privileged to know him. 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 Mrs. Leland Eldridge. The following message was received from the Senate through Mr. Ewing, the Assistant Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 79. By Senators Williams of the 19th, Pearson of the 51st, Rogers of the 21st, Goggans of the 7th, Heath of the 31st and others: MONDAY, FEBRUARY 6, 2006 619 A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to provide expressly that local boards of education are authorized to provide additional elective courses for students in specified grades; to provide for state funding of such additional elective courses; to repeal conflicting laws; and for other purposes. SB 391. By Senators Chapman of the 3rd, Heath of the 31st, Hill of the 32nd, Reed of the 35th, Staton of the 18th and others: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevelopment Law," so as to provide for a moratorium upon the exercise of the power of eminent domain for purposes of urban development; to provide for exceptions; to provide a statement of legislative findings and a statement of intent; to provide for conflicts and construction; to provide for severability; to provide for applicability; to provide for automatic repeal; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 409. By Senators Hamrick of the 30th, Smith of the 52nd and Wiles of the 37th: A BILL to be entitled an Act to amend Article 13 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to contested elections and primaries, so as to require that the courts determine contested elections and primaries on an expedited basis; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 470. By Senators Wiles of the 37th, Stoner of the 6th, Hill of the 32nd and Rogers of the 21st: A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3872), so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 806. By Senators Williams of the 19th, Johnson of the 1st, Seabaugh of the 28th and Brown of the 26th: A RESOLUTION relative to adjournment; and for other purposes. 620 JOURNAL OF THE HOUSE The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House: HB 1068. By Representatives Ehrhart of the 36th, Tumlin of the 38th, Parsons of the 42nd, Manning of the 32nd, Golick of the 34th and others: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, so as to provide for procedures relating to the establishment or revision of school attendance zones; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Resolution of the Senate was read: SR 806. By Senators Williams of the 19th, Johnson of the 1st, Seabaugh of the 28th and Brown of the 26th 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 2006 regular session of the General Assembly for the period of February 3, 2006, through February 13, 2006, shall be as follows: Friday, February 3 ......................................................in session for legislative day 13 Saturday, February 4 ..................................................in adjournment Sunday, February 5.....................................................in adjournment Monday, February 6 ...................................................in session for legislative day 14 Tuesday, February 7 ...................................................in adjournment Wednesday, February 8 ..............................................in session for legislative day 15 Thursday, February 9 .................................................in session for legislative day 16 Friday, February 10 ....................................................in adjournment Saturday, February 11 ................................................in adjournment Sunday, February 12...................................................in adjournment Monday, February 13 .................................................in session for legislative day 17 BE IT FURTHER RESOLVED that on and after February 13, 2006, the periods of adjournment of the 2006 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2006 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the MONDAY, FEBRUARY 6, 2006 621 close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Burns Y Butler Y Byrd E 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 Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Epps Y Everson 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 Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Holmes Y Holt Y Horne Y Houston Howard, E E 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 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 Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y 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 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 145, nays 0. The Resolution was adopted. 622 JOURNAL OF THE HOUSE The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 1068. By Representatives Ehrhart of the 36th, Tumlin of the 38th, Parsons of the 42nd, Manning of the 32nd, Golick of the 34th and others: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, so as to provide for procedures relating to the establishment or revision of school attendance zones; 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 1068 by striking lines 20 through 22 of page 1. By striking line 25 of page 1 through line 2 of page 2 and inserting in lieu thereof: (A) The board shall be required, to the greatest extent possible, to: (1) Maintain efficient and effective school sizes; (2) Use existing school facilities efficiently; (3) Equalize student enrollment and capacity ratios; (4) Consider safety of students traveling to and from schools; (5) Minimize the time and distance between home and school; and (6) Support efficient and direct feeder patterns, when possible. These factors shall be given priority over any other criteria; (B)(1) No student shall be assigned or compelled to attend any school on the basis of race, creed, color, or national origin, or for the purpose of achieving equality in attendance or increased or reduced attendance at any school of persons of one or more particular race, creed, color, or national origin as may be evidenced by ethnic diversity charts or maps indicating race of students, unless otherwise ordered by a federal court or allowed by federal law based on a compelling interest. (2) No attendance zone shall be established or revised on the basis of race, creed, color, or national origin, or for the purpose of achieving equality in attendance or increased or reduced attendance at any school of persons of one or more particular race, creed, color, or national origin as may be evidenced by ethnic diversity charts or maps indicating race of students, unless otherwise ordered by a federal court or allowed by federal law based on a compelling interest; and By striking "(B)" on line 3 of page 2 and inserting in lieu thereof "(C)". Representative Ehrhart of the 36th moved that the House agree to the Senate amendment to HB 1068. MONDAY, FEBRUARY 6, 2006 623 On the motion, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Amerson Anderson Ashe Y Barnard Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Bordeaux E Borders Y Bridges N Brooks Y Brown N Bruce Y Bryant Y Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd E Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Drenner N Dukes Y Ehrhart Y England Epps Y Everson 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 Hatfield Y Heard, J N Heard, K Heckstall Y Hembree Henson Y Hill, C E Hill, C.A Holmes Y Holt Y Horne Y Houston Howard, E E Hudson Hugley E Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings N 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 Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal Y Oliver Y O'Neal N 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 Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R E Smith, T Y Smith, V Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton N Teilhet Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 126, nays 14. 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. 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. 624 JOURNAL OF THE HOUSE The Speaker Pro Tem assumed the Chair. Prayer was offered by Pastor Eric W. Lee, Springfield Baptist Church, Conyers, 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 1244. By Representatives Scott of the 2nd, Reece of the 27th, Chambers of the 81st, Williams of the 4th, Graves of the 12th and others: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of the motor fuel tax, so as to change certain provisions regarding exemptions of sales by duly licensed bulk distributors with respect to public mass transit bases; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. MONDAY, FEBRUARY 6, 2006 625 HB 1245. By Representative Howard, E. of the 121st: A BILL to be entitled an Act to amend Article 14 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to special elections and primaries generally, so as to change special election procedures for certain General Assembly vacancies; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1246. By Representative Howard, E. of the 121st: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to provide for state flags to honor deceased Georgia elected state officials; to provide for definitions and legislative intent; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1247. By Representatives Stephens of the 164th, McCall of the 30th, Smith of the 70th, Carter of the 159th, Hill of the 180th and others: A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, so as to provide for legislative findings; to create the Georgia Water Authority; to provide for definitions; to provide for the principal office of the authority; to provide for the nature of the authority; to provide for the composition of the authority; to provide for its officers; to provide for meetings, quorums, attendance, and notice; to provide for the expense reimbursement of members; to provide for rules and regulations; to provide for the employment of staff and consultants and advisers; to require the keeping of certain records; to provide for the purposes and powers of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1248. By Representatives Williams of the 4th, Dickson of the 6th and Tumlin of the 38th: A BILL to be entitled an Act to amend Title 3 of the O.C.G.A., relating to alcoholic beverages, so as to provide for the comprehensive revision of 626 JOURNAL OF THE HOUSE provisions regarding alcoholic beverages; to change certain provisions regarding definitions; to change certain provisions regarding license or tax forms and filings; to change certain provisions regarding certain refunds or credits; to change certain provisions regarding limitations on credit; to change certain provisions regarding seizure and disposition of contraband; to change certain provisions regarding local government licensing powers; to change certain provisions regarding criminal penalties; to change certain provisions regarding license bonds; to change certain provisions regarding license or tax stamps; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1249. By Representatives Reece of the 27th, Stephens of the 164th, Channell of the 116th, Rogers of the 26th, Mills of the 25th 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 watercraft held in inventory for resale shall be exempt from taxation; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1250. By Representatives Barnard of the 166th and Greene of the 149th: A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, so as to change the repeal date of the "Probation Management Act of 2004"; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. HB 1251. By Representatives Benton of the 31st, England of the 108th, Sheldon of the 105th and Mills of the 25th: A BILL to be entitled an Act to create the Braselton 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 the Town of Braselton, Georgia; to provide for the creation and organization of the authority; to MONDAY, FEBRUARY 6, 2006 627 provide for the appointment of the directors 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 1252. By Representatives Rice of the 51st, Murphy of the 23rd, Talton of the 145th and Dollar of the 45th: A BILL to be entitled an Act to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to driver training schools, so as to provide for relevant definitions; to clarify the qualifications for a limited and temporary driver school permit; to provide qualifications for commercial driver training school operators; to provide standards for business names of driver training schools; to provide for fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1253. By Representatives Rice of the 51st, Murphy of the 23rd, Talton of the 145th and Dollar of the 45th: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers licenses, so as to provide for reinstatement of a minor's license upon proof of graduation from high school; to provide that social security numbers shall not be used on driver's licenses; to provide for a suspension for violation of restrictions on a driver's license; to add a license suspension for failure to appear in a federal court in this state; to clarify the habitual violator permit eligibility provisions; to provide for confidentiality of medical reports used for medical revocation of a driver's license; to change the times relating to restoring full driving privileges from a limited driving permit; to clarify that trafficking is grounds for a driver's license suspension; to amend Chapter 6 of Title 40 of the O.C.G.A., relating to the uniform rules of the road, so as to clarify the penalty for racing on a highway; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. Referred to the Committee on Motor Vehicles. 628 JOURNAL OF THE HOUSE HB 1254. By Representatives Knox of the 24th, Ehrhart of the 36th, Reese of the 98th, Meadows of the 5th, Keen of the 179th and others: A BILL to be entitled an Act to provide a short title; to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes, so as to provide an exemption for high deductible health plans; to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that the taxable net income of any taxpayer of this state shall not include premiums paid for high deductible health plans established and used with a health savings account; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1255. By Representatives Mumford of the 95th, Holt of the 112th and Walker of the 107th: A BILL to be entitled an Act to create a new judicial circuit for the State of Georgia, to be known as the Walton Judicial Circuit and to be composed of Walton County; to provide for the judges and district attorneys of said new circuit and the Alcovy Judicial Circuit and their terms, selection, and compensation; to revise and restate certain provisions of law relating to the Alcovy Judicial Circuit and to enact provisions for the Walton Judicial Circuit; to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide for the composition, terms of court, and number of judges of said circuits; to provide for other related matters; to provide for an effective date and implementation; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1256. By Representatives Benfield of the 85th, Mangham of the 94th, Bordeaux of the 162nd and Abdul-Salaam of the 74th: A BILL to be entitled an Act to amend Title 17 of the O.C.G.A., relating to criminal procedure, so as to require a procedure for enhancing eyewitness identification accuracy; to provide for legislative findings; to provide for a short title; to provide for definitions; to provide for general guidelines relating to the development of eyewitness identification protocol and exceptions thereto; to provide for procedures to compose and present photo lineups and live lineups to witnesses; to provide for instructions to be given to witnesses who view lineups; to provide for documentation of identification MONDAY, FEBRUARY 6, 2006 629 procedures; to amend Title 35 of the O.C.G.A., relating to law enforcement officers and agencies, so as to provide for training in enhancing eyewitness identification accuracy; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1257. By Representatives Knox of the 24th, Maxwell of the 17th, Meadows of the 5th and Watson of the 91st: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselor's license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1258. By Representatives Willard of the 49th, Burkhalter of the 50th, Holmes of the 61st, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to provide for the continued distribution of tax proceeds pending county and municipal agreement upon a renegotiated distribution certificate; to prevent lapsing of the tax if a renegotiated distribution certificate is not timely filed; to change provisions relating to the procedure for the call of a referendum election on discontinuing imposition of the tax; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1259. By Representatives Burmeister of the 119th, Hill of the 21st, Day of the 163rd and Ralston of the 7th: A BILL to be entitled an Act to amend Chapter 38 of Title 43 of the O.C.G.A., relating to private detectives and security agencies, so as to revise a definition; to revise the licensing process for private detectives and private security officers; to permit one or more individuals to qualify to hold the license for an individual, firm, association, company, partnership, limited 630 JOURNAL OF THE HOUSE liability company, or corporation; to provide the board with authority to promulgate rules to ensure that individuals are capable of assuming full responsibility for operations of the particular individual, firm, association, company, partnership, limited liability company, or corporation; to revise the provisions for issuing permits for carrying firearms for certain private detectives and private security officers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1260. By Representatives Neal of the 1st, Rogers of the 26th, Loudermilk of the 14th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 43-18-41 of the Official Code of Georgia Annotated, relating to qualifications for licensure of embalmers and funeral directors, so as to authorize waiver of a requirement for an embalmer's license for applicants for licensure as funeral directors in certain circumstances; to provide that a funeral director licensed after waiver of such requirement shall not be authorized to serve as the licensed funeral director who is in full and continuous charge of a funeral establishment or crematory; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1261. By Representatives Neal of the 1st, Forster of the 3rd, Williams of the 4th, Dickson of the 6th and Scott of the 2nd: A BILL to be entitled an Act to amend Code Section 16-12-51 of the Official Code of Georgia Annotated, relating to definitions regarding bingo games, so as to provide a definition of nonprofit, tax-exempt organization; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1262. By Representative Lunsford of the 110th: A BILL to be entitled an Act to amend Chapter 1 of Title 34 of the O.C.G.A., relating to general provisions relative to labor and industrial relations, so as to require labor organizations to file annual financial reports with the Commissioner of Labor; to provide for a short title; to provide for legislative intent and findings; to provide for definitions; to require certain submissions by labor organizations to the Commissioner of Labor; to provide for MONDAY, FEBRUARY 6, 2006 631 maintenance of substantiating records; to provide for access to members of the labor organization; to provide for public access to the financial reports; to provide for the rules and regulations; to provide for violations; to provide for civil actions; to provide for an exception; 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 Industrial Relations. HR 1258. By Representatives Amerson of the 9th, Williams of the 4th, Reece of the 27th, Ralston of the 7th and Hembree of the 67th: A RESOLUTION establishing the Appalachian Studies Center at North Georgia College and State University in Dahlonega as Georgia's official Appalachian Studies Center; and for other purposes. Referred to the Committee on Higher Education. HR 1259. By Representative Barnard of the 166th: 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 Chatham, Coweta, Douglas, Grady, and Muscogee counties, Georgia; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 1216 HB 1217 HB 1218 HB 1219 HB 1220 HB 1221 HB 1223 HB 1224 HB 1225 HB 1226 HB 1227 HB 1228 HB 1234 HB 1235 HB 1236 HB 1237 HB 1241 HB 1242 HB 1243 HR 1225 HR 1226 HR 1227 HR 1228 HR 1229 632 JOURNAL OF THE HOUSE HB 1229 HB 1230 HB 1231 HB 1232 HB 1233 HR 1232 HR 1234 HR 1235 HR 1236 HR 1237 Representative Day of the 163rd District, Chairman of the Committee on Public Safety, submitted the following report: Mr. Speaker: Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 998 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: 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 120 Do Pass Respectfully submitted, /s/ Lewis of the 15th 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 MONDAY, FEBRUARY 6, 2006 633 the same back to the House with the following recommendations: HB 1192 HB 1197 HB 1198 HB 1199 HB 1201 Do Pass Do Pass Do Pass Do Pass Do Pass HB 1202 HB 1207 HB 1208 HB 1210 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 MONDAY, FEBRUARY 6, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 14th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 719 HB 728 HB 1022 Municipalities; courts; home rule powers; maximum fines "Mattie's Call Act"; enact Members of constitutional commissions; reimbursements; provide Modified Open Rule HB 912 Civil practice; production of documents; amend provisions Modified Structured Rule None Structured Rule None 634 JOURNAL OF THE HOUSE 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 1192. By Representatives Willard of the 49th, Wilkinson of the 52nd, Geisinger of the 48th and Lindsey of the 54th: A BILL to be entitled an Act to create the City of Sandy Springs Public Facilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to 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. HB 1197. By Representative Lane of the 167th: A BILL to be entitled an Act to provide for a homestead exemption from City of Darien ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. MONDAY, FEBRUARY 6, 2006 635 HB 1198. By Representative Lane of the 167th: A BILL to be entitled an Act to provide a homestead exemption from McIntosh County school district ad valorem taxes for educational purposes in the full amount of the assessed value of the homestead for residents of that school district who are 65 years of age or over and whose annual 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 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 1199. By Representative Lane of the 167th: A BILL to be entitled an Act to provide that the probate judge of McIntosh County shall serve ex officio as chief magistrate of the Magistrate Court of McIntosh County on and after a date certain; to provide an effective date; to repeal certain Acts; to 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 1201. By Representatives Tumlin of the 38th, Golick of the 34th, Dollar of the 45th, Wix of the 33rd, Parsons of the 42nd and others: A BILL to be entitled an Act to amend an Act creating a system of public schools for the City of Marietta in the County of Cobb, approved December 29, 1890 (Ga. L. 1890-91, Vol. II, p. 1014), as amended, so as to provide for compensation 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 1202. By Representatives Tumlin of the 38th, Golick of the 34th, Dollar of the 45th, Wix of the 33rd, Parsons of the 42nd and others: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, so as to change the provisions relating to the compensation of the chairperson and the other commissioners of the board; 636 JOURNAL OF THE HOUSE 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 1207. By Representative Powell of the 29th: A BILL to be entitled an Act to amend the "City of Hartwell Recreation Authority Act," approved April 4, 1996 (Ga. L. 1996, p. 3998), so as to authorize the Hartwell Recreation Authority to lease, sell, transfer, or otherwise dispose of real or tangible personal property owned by the authority; to provide for the disposition of proceeds resulting from the transfer of ownership interests of such property; 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 1208. By Representatives Jones of the 44th, Tumlin of the 38th, Manning of the 32nd, Johnson of the 37th, Cooper of the 41st 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 1210. By Representatives Heard of the 114th, Kidd of the 115th and Smith of the 113th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for members of the board of the hospital authority of Clarke County," approved April 6, 1982 (Ga. L. 1982, p. 3705), so as to provide for staggered six-year terms for the members of such authority board; to provide for current membership; to provide for nominations for appointments; to repeal conflicting laws; and for other purposes. MONDAY, FEBRUARY 6, 2006 637 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Burns Y Butler Y Byrd E 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 Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Y Greene Y Hanner Y Harbin Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Y Hudson N Hugley E 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 Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Maxwell May Y McCall E McClinton Y Meadows Y Millar 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 Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R 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 Bills, the ayes were 154, nays 1. The Bills, having received the requisite constitutional majority, were passed. 638 JOURNAL OF THE HOUSE Representative Keen of the 179th was excused on the preceding roll call. Due to a mechanical malfunction, he was shown as not voting. 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. Representative Hugley of the 133rd stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon. By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees: SB 79. By Senators Williams of the 19th, Pearson of the 51st, Rogers of the 21st, Goggans of the 7th, Heath of the 31st and others: A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to provide expressly that local boards of education are authorized to provide additional elective courses for students in specified grades; to provide for state funding of such additional elective courses; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. SB 202. By Senator Wiles of the 37th: A BILL to be entitled an Act to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to provide for additional grant certification requirements with respect to subrecipients and units of local government; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. SB 241. By Senators Shafer of the 48th, Staton of the 18th, Cagle of the 49th, Heath of the 31st and Douglas of the 17th: A BILL to be entitled an Act to amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, relating to electronic records and signatures, so as change provisions relating to the legal effect of electronic records and signatures; to change provisions relating to notarized documents; to amend Code Section 15-10-53 of the Official Code of Georgia Annotated, relating to MONDAY, FEBRUARY 6, 2006 639 filing documents by electronic means, so as to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 391. By Senators Chapman of the 3rd, Heath of the 31st, Hill of the 32nd, Reed of the 35th, Staton of the 18th and others: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevelopment Law," so as to provide for a moratorium upon the exercise of the power of eminent domain for purposes of urban development; to provide for exceptions; to provide a statement of legislative findings and a statement of intent; to provide for conflicts and construction; to provide for severability; to provide for applicability; to provide for automatic repeal; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 394. By Senators Staton of the 18th, Shafer of the 48th, Chance of the 16th, Douglas of the 17th, Chapman of the 3rd and others: A BILL to be entitled an Act to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems security, so as to prohibit persons from using the Internet or electronic mail to induce another to provide identifying information by falsely representing themselves to be a business without the authority or approval of the business; to provide definitions; to provide for penalties and sanctions; to provide for civil actions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 398. By Senator Harp of the 29th: A BILL to be entitled an Act to amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at the time of a crime, so as to change certain provisions relating to the court's instructions; to revise procedures related to psychiatric evaluations of defendants; to provide for a timeframe for forwarding the examination report to the Department of Corrections; to provide for related matters; to repeal conflicting laws; and for other purposes. 640 JOURNAL OF THE HOUSE Referred to the Committee on Judiciary Non-Civil. SB 408. By Senators Hill of the 32nd, Rogers of the 21st and Smith of the 52nd: A BILL to be entitled an Act to amend Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions for preservation of evidence in criminal proceedings may be taken, so as to provide for the preservation of evidence of certain nationals of foreign states who have not been lawfully admitted for permanent residence in the United States; 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 Judiciary Non-Civil. SB 409. By Senators Hamrick of the 30th, Smith of the 52nd and Wiles of the 37th: A BILL to be entitled an Act to amend Article 13 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to contested elections and primaries, so as to require that the courts determine contested elections and primaries on an expedited basis; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. SB 435. By Senators Thomas of the 54th and Harp of the 29th: A BILL to be entitled an Act to amend Code Section 49-3-3 of the Official Code of Georgia Annotated, relating to county directors of family and children services, so as to change certain provisions relating to the appointment of the county directors; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. SB 440. By Senators Hamrick of the 30th, Harp of the 29th, Kemp of the 46th, Shafer of the 48th and Schaefer of the 50th: A BILL to be entitled an Act to amend Title 20 of the O.C.G.A., relating to education, so as to eliminate the to Construction Reserve Trust Fund and the appropriation of lottery funds to the fund; to eliminate the use of lottery funds for teacher training in computers and technology; to eliminate the use of lottery funds by the board of regents for training professors and instructors in computers and technology; to eliminate the use of lottery funds by the MONDAY, FEBRUARY 6, 2006 641 Department of Technical and Adult Education for training teachers in computers and technology; to amend Code Section 50-27-3 of the O.C.G.A., relating to definitions regarding the lottery for education, so as to provide that the term "educational purposes and programs" shall not include capital outlay projects for educational facilities and teacher training in computers and technology; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. SB 470. By Senators Wiles of the 37th, Stoner of the 6th, Hill of the 32nd and Rogers of the 21st: A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3872), so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SR 686. By Senator Schaefer of the 50th: A RESOLUTION designating the J. Alton Wingate, Sr., Memorial Parkway; and for other purposes. Referred to the Committee on Transportation. The following members were recognized during the period of Morning Orders and addressed the House: Abdul-Salaam of the 74th and Brooks of the 63rd. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1268. By Representatives O`Neal of the 146th, Ehrhart of the 36th, Burkhalter of the 50th, Burmeister of the 119th and Morris of the 155th: A RESOLUTION commending Georgia's USGA Women's State team on winning the 2005 USGA Women's State Team Championship and inviting its 642 JOURNAL OF THE HOUSE members to appear before the House of Representatives; and for other purposes. HR 1269. By Representatives Jones of the 44th, Jacobs of the 80th, Henson of the 87th, Ashe of the 56th, Wilkinson of the 52nd and others: A RESOLUTION commending the Jewish Federation of Greater Atlanta and inviting them to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 719. By Representatives Lindsey of the 54th, Holmes of the 61st, Wilkinson of the 52nd and Ashe of the 56th: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change provisions relating to the maximum fines which may be imposed by municipal courts; to change provisions relating to the maximum fines which may be specified by municipalities exercising home rule powers; to specifically authorize municipalities to adopt ordinances specifying fines up to a certain maximum amount; to provide for such provisions to control over conflicting provisions of local laws; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Lindsey of the 54th moved that HB 719 be recommitted to the Committee on Judiciary Non-Civil. On the motion the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson Y Anderson N Ashe Y Barnard Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Bordeaux E Borders Y Bridges Y Brooks Y Brown 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 Everson Y Fleming Y Floyd, H E Hill, C.A N Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins Jennings Y Johnson Y Jones, J Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley N Mumford Y Murphy, J Y Murphy, Q Sailor Y Scheid Y Scott, A E Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R E Smith, T Y Smith, V MONDAY, FEBRUARY 6, 2006 643 N Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd E Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin E Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree Y Henson Y Hill, C N Jones, S Y Jordan E 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 Neal Y Oliver Y O'Neal N 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 N Smyre N 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 N Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 145, nays 11. The motion prevailed. HB 728. By Representatives Franklin of the 43rd, Brooks of the 63rd, Jones of the 44th, Cooper of the 41st, Walker of the 107th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide a short title; to define certain terms; to provide for a state-wide alert system for missing disabled adults; to provide for rules and regulations; to provide for cooperation with broadcasters; to provide for calling an alert; to provide for conditions; to provide that the Georgia Lottery Corporation shall devise a method of notifying vendors in an alert area of the alert; to provide for termination of an alert; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide a short title; to define certain terms; to provide for a state-wide alert system for missing disabled adults; to provide for rules and regulations; to provide for cooperation with broadcasters; to provide for calling an alert; to provide for conditions; to provide that the Georgia Lottery Corporation shall devise a 644 JOURNAL OF THE HOUSE method of notifying vendors in an alert area of the alert; to provide for termination of an alert; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by inserting at the end thereof a new article to read as follows: "ARTICLE 7 38-3-110. This article shall be known and may be cited as the 'Mattie's Call Act.' 38-3-111. As used in this article, the term: (1) 'Alert system' means the state-wide 'Mattie's Call' alert system for missing disabled adults. (2) 'Disabled adult' means an adult who is developmentally impaired or who suffers from dementia or some other cognitive impairment. (3) 'Local law enforcement agency' means a local law enforcement agency with jurisdiction over the investigation of a missing disabled adult. 38-3-112. With the cooperation of the office of the Governor, the Georgia Lottery Corporation, and other appropriate law enforcement agencies in this state, the department shall develop and implement a state-wide alert system to be activated on behalf of missing disabled adults. 38-3-113. (a) The director is the state-wide coordinator of the alert system. (b) The director shall adopt rules and issue directives as necessary to ensure proper implementation of the alert system. The rules and directives must include instructions on the procedures for activating and deactivating the alert system. (c) The director shall prescribe forms for use by local law enforcement agencies in requesting activation of the alert system. 38-3-113.1. The staff of personal care homes shall call the local police department to report the elopement of any disabled person from the home within 30 minutes of the staff receiving actual knowledge that such person is missing from the home. 38-3-114. MONDAY, FEBRUARY 6, 2006 645 (a) The agency shall recruit public and commercial television and radio broadcasters, private commercial entities, state or local governmental entities, the public, and other appropriate persons to assist in developing and implementing the alert system. (b) The agency may enter into agreements with participants in the alert system to provide necessary support for the alert system. 38-3-115. (a) On notification by a local law enforcement agency that a disabled adult is missing, the director shall activate the alert system and notify appropriate participants in the alert system, as established by rule, if: (1) A local law enforcement agency believes that a disabled adult is missing; (2) A local law enforcement agency believes that the disabled adult is in immediate danger of serious bodily injury or death; (3) A local law enforcement agency confirms that an investigation has taken place that verifies the disappearance and eliminates alternative explanations for the disabled adult's disappearance; and (4) Sufficient information is available to disseminate to the public that could assist in locating the disabled adult. (b) The area of the alert may be less than state wide if the director determines that the nature of the event makes it probable that the disabled adult did not leave a certain geographic location. (c) The agency may modify the criteria described by subsection (a) of this Code section as necessary for the proper implementation of the alert system. 38-3-116. Before requesting activation of the alert system, a local law enforcement agency must verify that the criteria described by subsection (a) of Code Section 38-3-115 have been satisfied. The local law enforcement agency shall assess the appropriate boundaries of the alert, based on the nature of the disabled adult and the circumstances surrounding the disappearance. On verification of the criteria, the local law enforcement agency shall immediately contact the agency to request activation and shall supply the necessary information on the forms prescribed by the director. 38-3-117. (a) A state agency participating in the alert system shall: (1) Cooperate with the department and assist in developing and implementing the alert system; and (2) Establish a plan for providing relevant information to its officers, investigators, or employees, as appropriate, once the alert system has been activated. (b) The Georgia Lottery Corporation is directed to develop a method of notifying its vendors within an alert area of an alert in a manner designed to disseminate alert information to customers at its retail locations. 38-3-118. 646 JOURNAL OF THE HOUSE The director shall terminate any activation of the alert system with respect to a particular disabled adult if: (1) The adult is located or the disappearance is otherwise resolved; or (2) The director determines that the alert system is no longer an effective tool for locating and recovering the disabled adult." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson Y Anderson Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton N Black Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd E Carter Y Casas Y Chambers Y Channell Cheokas Y Coan Y Cole Y Coleman, B N 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 Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Gardner Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Harbin E Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan E 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 Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar 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 N 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 Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L 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 Wix Y Yates Richardson, Speaker MONDAY, FEBRUARY 6, 2006 647 On the passage of the Bill, by substitute, the ayes were 147, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Cheokas of the 134th 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 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 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. The following Committee substitute was read: A BILL 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 when a nonparty is not served with an objection and the nonparty produces records, the nonparty shall be immune from civil or criminal liability for disclosing confidential information; to change certain provisions relating to confidentiality; 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 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, is amended by striking subsections (c) and (d) and inserting in lieu thereof the following: "(c) Applicability to nonparties. (1) This Code section shall also be applicable with respect to discovery against persons, firms, or corporations who are not parties, in which event a copy of the request shall be served upon all parties of record; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written questions under Code Section 9-11- 648 JOURNAL OF THE HOUSE 30 or 9-11-31. The nonparty or any party may file an objection as provided in subsection (b) of this Code section. If the party desiring such discovery moves for an order under subsection (a) of Code Section 9-11-37 to compel discovery, he or she shall make a showing of good cause to support his or her motion. (2) This Code section shall also be applicable with respect to discovery against a nonparty who is a practitioner of the healing arts or a hospital or health care facility, including those operated by an agency or bureau of the state or other governmental unit. Where such a request is directed to such a nonparty, a copy of the request shall be served upon the person whose records are sought by certified mail or statutory overnight delivery, return receipt requested, or, if known, that person's counsel, and upon all other parties of record, and in compliance with Code Section 9-11-5; where such a request to such a nonparty seeks the records of a person who is not a party, a copy of the request shall be served upon all parties of record, the person whose records are sought, and, by certified mail or statutory overnight delivery, return receipt requested, or, if known, that person's counsel by certified mail or statutory overnight delivery, return receipt requested, and upon all parties of record in compliance with Code Section 9-11-5; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written questions under Code Section 9-11-30 or 9-11-31. The nonparty, any party, or the person whose records are sought may file an objection with the court in which the action is pending within 20 days of service of the request and shall serve a copy of such objection on the nonparty to whom the request is directed, who shall not furnish the requested materials until further order of the court, and on all other parties to the action. Upon the filing of such objection, the party desiring such discovery may move for an order under subsection (a) of Code Section 9-11-37 to compel discovery and, if he or she shall make a showing of good cause to support his or her motion, discovery shall be allowed. If no objection is filed within ten 20 days of service of the request, the nonparty to whom the request is directed shall promptly comply therewith. (3) For any discovery requested from a nonparty pursuant to paragraph (2) of this subsection or a subpoena requesting records from a nonparty pursuant to Code Section 9-11-45, when the nonparty to whom the discovery request is made is not served with an objection and the nonparty produces the requested records, the nonparty shall be immune from civil or criminal liability or damages notwithstanding that the produced documents contained confidential or privileged information. (d) Confidentiality. The provisions of this Code section shall not be deemed to repeal the confidentiality provided by Code Sections 37-3-166 concerning mental illness treatment records, 37-4-125 concerning mental retardation treatment records, and 37-7166 concerning alcohol and drug treatment records, 24-9-40.1 concerning the confidential nature of AIDS information, and 24-9-47 concerning the disclosure of AIDS information; provided, however, that a person's failure to object to the production of documents as set forth in paragraph (2) of subsection (c) of this Code section shall MONDAY, FEBRUARY 6, 2006 649 waive any right of recovery for damages as to the nonparty for disclosure of the requested documents." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Willard of the 49th and Fleming of the 117th move to amend the Committee substitute to HB 912 by adding to the end of line 22 of page 1 the following: The party making a request under this Code section shall, upon request from any other party to the action, make all reasonable efforts to cause all information produced in response to the nonparty request to be made available to all parties. A reasonable document copying charge may be required. 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 Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd E Carter Y Casas 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 Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Geisinger Y Golick Y Graves, D Y Graves, T Y Greene E Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan E Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar 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 Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Smith, B Y Smith, L 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 650 JOURNAL OF THE HOUSE Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Hanner Harbin E Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders 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, as amended, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representatives Rogers of the 26th, Smith of the 113th, 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. By unanimous consent, HB 1022 was postponed until the next legislative day. The following Resolutions of the House were read and adopted: HR 1274. By Representative Hill of the 21st: A RESOLUTION commending Dr. David R. Murray; and for other purposes. HR 1275. By Representative Hill of the 21st: A RESOLUTION commending Raymond Rollins; and for other purposes. HR 1276. By Representatives Watson of the 91st, Brooks of the 63rd, Smyre of the 132nd, Hugley of the 133rd, Stephenson of the 92nd and others: A RESOLUTION honoring the legacy of Mrs. Rosa Parks and recognizing February 6, 2006, as "Rosa Parks Day"; and for other purposes. HR 1277. By Representative Hill of the 21st: A RESOLUTION commending Carrie L. Budd; and for other purposes. HR 1278. By Representative Hill of the 21st: A RESOLUTION commending Dr. William L. Early; and for other purposes. MONDAY, FEBRUARY 6, 2006 651 HR 1279. By Representatives Murphy of the 120th and Howard, E. of the 121st: A RESOLUTION remembering and honoring the life of Dr. Arthur Herndon Shaw; and for other purposes. Representative Forster of the 3rd District, Chairman of the Committee on Interstate Cooperation, submitted the following report: Mr. Speaker: Your Committee on Interstate Cooperation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1067 Do Pass, by Substitute Respectfully submitted, /s/ Forster of the 3rd Chairman The Speaker Pro Tem announced the House in recess until 5:00 o'clock, 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 o'clock, A.M., Wednesday, February 8, 2006. 652 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Wednesday, February 8, 2006 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Abdul-Salaam Amerson Ashe Bearden Benton E Borders Bridges Brooks Bryant Buckner, D Buckner, G Burkhalter Burmeister Butler Byrd Carter Casas Chambers Cheokas Coan Cole Coleman, B Cox Crawford Cummings Davis Dickson Dodson Drenner England Everson Fleming Floyd, J Franklin Freeman Gardner Golick Graves, T Greene Hanner Hatfield Heard, J Heard, K Hembree E Henson Hill, C Hill, C.A Holt Horne Houston E Hudson E Jackson Jacobs James Jamieson Jenkins Jennings Johnson Jones, J Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Lunsford Maddox Mangham Manning Martin Maxwell May McCall E McClinton Meadows Millar Mills Mitchell Morgan Mosby Mosley Mumford E Murphy, J Murphy, Q Neal O'Neal Orrock Parham Parrish Parsons Ralston E Ray Reece, S Rice Roberts Royal Rynders Scheid Scott, M E Setzler Shaw Sheldon Sims, F Smith, B Smith, L Smith, P Smith, R E 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, Barnard of the 166th, Barnes of the 78th, Beasley-Teague of the 65th, Black of the 174th, Brown of the 69th, Bruce of the 64th, Burns of the 157th, Cooper of the 41st, Day of the 163rd, Dean of the 59th, Dollar of the 45th, Dukes of the 150th, Ehrhart of the 36th, Floyd of the 99th, Fludd of the 66th, Forster of the 3rd, Graves of the 137th, Harbin of the 118th, Holmes of the 61st, Howard of the 121st, Jones of the 44th, Jordan of the 77th, Loudermilk of the 14th, Lucas of the 139th, Marin of the 96th, Morris of the 155th, Powell of the 29th, Randall of the 138th, Reece of the 11th, Reese of the 98th, Rogers of the 26th, Sailor of the 93rd, Scott of the 153rd, Sims of the 169th, Sinkfield of the 60th, Smyre of the 132nd, Stephenson of the 92nd, Thomas of the 55th, and Wix of the 33rd. WEDNESDAY, FEBRUARY 8, 2006 653 They wish to be recorded as present. Prayer was offered by the Reverend Dexter O. Rowland, New Piney Grove Missionary Baptist Church, Decatur, 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 1263. By Representatives Hill of the 21st, Scheid of the 22nd, Byrd of the 20th and Murphy of the 23rd: 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 Blue Ridge 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 654 JOURNAL OF THE HOUSE county 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 authorize the governing authority of the county which comprises the Blue Ridge Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1264. By Representatives Heard of the 104th, Cox of the 102nd, Everson of the 106th, Marin of the 96th, Walker of the 107th and others: A BILL to be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3598), so as to provide for an additional judge for the State Court of Gwinnett County; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1266. By Representative Parham of the 141st: A BILL to be entitled an Act to amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide that persons confined in jail who are under the care and supervision of the Department of Human Resources for mental health reasons are transferred from the jail to a mental health facility until trial; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. HB 1267. By Representatives Manning of the 32nd, Ehrhart of the 36th, Tumlin of the 38th, Parsons of the 42nd, Teilhet of the 40th and others: A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3607), so as to change the compensations 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. WEDNESDAY, FEBRUARY 8, 2006 655 Referred to the Committee on State Planning & Community Affairs - Local. HB 1268. By Representative Hugley of the 133rd: A BILL to be entitled an Act to amend Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to the procedure for determining custody of children, so as to allow third parties to be considered for custody of a child without the necessity of the parents being declared unfit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1269. By Representative Greene of the 149th: A BILL to be entitled an Act to amend an Act creating the Miller County Recreation Authority, approved March 25, 1997 (Ga. L. 1997, p. 3533), so as to provide for the composition, qualifications, terms, and quorums of the authority; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1270. By Representatives Yates of the 73rd and Knight of the 126th: A BILL to be entitled an Act to amend an Act abolishing the fee system as the mode of compensation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, approved March 6, 1962 (Ga. L. 1962, p. 3068), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2561), an Act approved April 5, 1971 (Ga. L. 1971, p. 3108), an Act approved March 30, 1977 (Ga. L. 1977, p. 4238), an Act approved March 13, 1978 (Ga. L. 1978, p. 3196), an Act approved April 11, 1979 (Ga. L. 1979, p. 3452), an Act approved April 6, 1981 (Ga. L. 1981, p. 4129), an Act approved March 21, 1984 (Ga. L. 1984, p. 4534), and an Act approved March 28, 1986 (Ga. L. 1986, p. 5545), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1271. By Representative Jenkins of the 8th: A BILL to be entitled an Act to create a board of elections and registration for Rabun County and to provide for its powers and duties; to provide for 656 JOURNAL OF THE HOUSE 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 board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1272. By Representatives Graves of the 12th, Brown of the 69th, Ralston of the 7th, Channell of the 116th, Burmeister of the 119th and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption regarding sales to nonprofit volunteer health clinics; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1273. By Representatives O`Neal of the 146th, Talton of the 145th and Morris of the 155th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to security deposits, so as to change certain provisions regarding placement of security deposits in escrow accounts; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1274. 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. WEDNESDAY, FEBRUARY 8, 2006 657 Referred to the Committee on Ways & Means. HB 1275. By Representatives Smith of the 129th, Floyd of the 147th, Rynders of the 152nd, Graves of the 12th and Channell of the 116th: 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 for the revocation of a commercial driver's license upon violation of Code Sections 16-8-2 through 16-8-9; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1276. By Representatives Abdul-Salaam of the 74th, Brooks of the 63rd, Watson of the 91st, Smyre of the 132nd, Orrock of the 58th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to state holidays and observations, so as to establish Coretta Scott King Day in Georgia; to state legislative findings; to provide for a portrait; to repeal conflicting laws; and for other purposes. Referred to the Committee on Special Rules. HB 1277. By Representative Cheokas of the 134th: A BILL to be entitled an Act to authorize the Magistrate Court of Sumter County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1278. By Representatives Brooks of the 63rd, Watson of the 91st, Mangham of the 94th, Benfield of the 85th, Abdul-Salaam of the 74th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that no public retirement system shall invest funds in public obligations of companies doing business with or in the Republic of Sudan; to provide for divestiture of such investments; to repeal conflicting laws; and for other purposes. 658 JOURNAL OF THE HOUSE Referred to the Committee on Retirement. HB 1279. By Representatives Butler of the 18th, Smith of the 131st, Sheldon of the 105th, Smith of the 168th and Willard of the 49th: A BILL to be entitled an Act to amend Code Section 45-18-5 of the Official Code of Georgia Annotated, relating to county officers and employees participation in the state health benefit plan, so as to provide sheriffs, tax commissioners, clerks of superior court, and judges of the probate court with the option of participating in the state health benefit plan for themselves and their dependents; to provide for the coverage of their dependents; to provide for the manner of exercising such option; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 1280. By Representatives Brooks of the 63rd, Mangham of the 94th, Watson of the 91st, Benfield of the 85th, Abdul-Salaam of the 74th and others: A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, so as to prohibit the Office of Treasury and Fiscal Services from making certain deposits in certain financial institutions unless the financial institution has certified that it does not have any direct loans or knowledge of any indirect loans to certain entities connected with the Republic of Sudan; to define a certain term; to provide that a state agency may not procure certain supplies that are produced or manufactured in the Republic of Sudan; to require the state to provide notice of certain requirements regarding doing business with or in the Republic of Sudan; to authorize the Department of Administrative Services to waive certain requirements under certain conditions; to impose certain penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. HB 1281. By Representative Smith of the 113th: 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 certification of assessed taxable value of property and method of computation, resolution or ordinance required for mileage rate, and advertisement of intent to increase property tax; to provide an effective date; WEDNESDAY, FEBRUARY 8, 2006 659 to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1282. By Representatives Ralston of the 7th and O`Neal of the 146th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to the recording of deeds and other instruments, so as to provide for the filing of a notice of settlement; to provide for an index; to provide for a fee; to provide for a form; to provide for the effect of notice; to provide for duration; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1283. By Representatives Epps of the 128th, Smyre of the 132nd, Buckner of the 130th, Crawford of the 127th, Smith of the 70th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observations, so as to declare Franklin Delano Roosevelt Day in Georgia; to make certain legislative observations; to repeal conflicting laws; and for other purposes. Referred to the Committee on Special Rules. HB 1284. By Representatives Coleman of the 144th, Coleman of the 97th, Millar of the 79th, Greene of the 149th, Powell of the 29th and others: A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certain persons under the Quality Basic Education Act, so as to provide for the establishment of the "Grants for Classroom Teachers Program"; to provide for the establishment of rules and regulations for the program; to provide for maximum salary supplement amounts; to provide for funding contingencies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 1285. By Representatives Roberts of the 154th, Shaw of the 176th, Williams of the 165th, Maddox of the 172nd, Houston of the 170th and others: 660 JOURNAL OF THE HOUSE A BILL to be entitled an Act 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 wildlife, so as to change certain provisions relating to the unlawful enticement of game; to provide legislative findings and declarations; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HB 1286. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally, so as to provide that challenges to absentee voters must be made no later than 12:00 Noon on the Monday prior to a primary, election, or runoff; to provide that a DRE unit that is accessible to disabled voters shall be provided at sites where absentee ballots are cast in person; to provide that the outer envelopes of absentee ballots may be opened on the Monday prior to a primary, election, or runoff; to provide in certain circumstances that the county election superintendent may begin the tabulation of absentee ballots prior to the close of the polls on the day of a primary, election, or runoff; to provide procedures for such tabulation; to provide that absentee ballots that are enclosed in an outer envelope but not contained in an inner envelope shall be counted; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1287. By Representatives Golick of the 34th, Smith of the 129th and Roberts of the 154th: A BILL to be entitled an Act to amend Title 20 of the O.C.G.A., relating to education, so as to eliminate the Construction Reserve Trust Fund and the appropriation of lottery funds to the fund; to eliminate the use of lottery funds for teacher training in computers and technology; to eliminate the use of lottery funds by the board of regents for training professors and instructors in computers and technology; to eliminate the use of lottery funds by the Department of Technical and Adult Education for training teachers in computers and technology; to amend Code Section 50-27-3 of the O.C.G.A., relating to definitions regarding the lottery for education, so as to provide that the term "educational purposes and programs" shall not include capital outlay projects for educational facilities and teacher training in computers and technology; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 8, 2006 661 Referred to the Committee on Higher Education. HR 1266. By Representative Manning of the 32nd: A RESOLUTION creating the House Study Committee on Children: Newborns to Age Five; and for other purposes. Referred to the Committee on Children & Youth. HR 1267. By Representative Maddox of the 172nd: A RESOLUTION dedicating a portion of State Road 97 in Decatur County in honor of Mr. Jack Wingate; and for other purposes. Referred to the Committee on Transportation. HR 1272. By Representative Sims of the 169th: A RESOLUTION urging the Coffee County Board of Education to establish a scholarship honoring the memory of Clifton Bryce Murray; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 1280. By Representatives Powell of the 29th, Lucas of the 139th, Talton of the 145th, Dean of the 59th, Porter of the 143rd and others: A RESOLUTION urging the Public Service Commission to maintain its current staffing structure and continue the work of the adversary staff; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. HR 1281. By Representative Scott of the 153rd: A RESOLUTION proposing an amendment to the Constitution so as to provide for the imposition of a sales and use tax for educational maintenance and operation purposes of public schools with an equivalent millage rate reduction; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. 662 JOURNAL OF THE HOUSE By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1244 HB 1245 HB 1246 HB 1247 HB 1248 HB 1249 HB 1250 HB 1251 HB 1252 HB 1253 HB 1254 HB 1255 HB 1256 HB 1257 HB 1258 HB 1259 HB 1260 HB 1261 HB 1262 HR 1258 HR 1259 SB 79 SB 202 SB 241 SB 391 SB 394 SB 398 SB 408 SB 409 SB 435 SB 440 SB 470 SR 686 Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: Mr. Speaker: Your Committee on Judiciary Non-Civil has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 535 Do Pass, by Substitute HB 986 Do Pass, by Substitute HB 1029 Do Pass, by Substitute HB 1044 Do Pass, by Substitute HB 1054 Do Pass, by Substitute Respectfully submitted, /s/ Ralston of the 7th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 8, 2006 WEDNESDAY, FEBRUARY 8, 2006 663 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 15th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 954 HB 1019 Public transportation; sale or exchange of tokens, transfers, transaction cards, or tickets without consent, repeal prohibition "Taser Certification Act"; create Modified Open Rule None Modified Structured Rule None Structured Rule HB 1107 Income tax credit; imposition, rate, and computation; real property; amend 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 members were recognized during the period of Morning Orders and addressed the House: Heckstall of the 62nd, Morgan of the 39th, Williams of the 165th, Forster of the 3rd, Amerson of the 9th, and Butler of the 18th. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1284. By Representatives Lunsford of the 110th, Davis of the 109th, Mosby of the 90th and Yates of the 73rd: 664 JOURNAL OF THE HOUSE A RESOLUTION congratulating the Henry County High School wrestling team on winning the 4AAAA State Dual Championship and inviting its members to appear before the House of Representatives; and for other purposes. HR 1285. By Representatives Ray of the 136th and James of the 135th: A RESOLUTION commending the Peach County High School Trojans football team for winning the Class AAA state football championship and inviting them to appear before the House of Representatives; and for other purposes. HR 1289. By Representatives Kidd of the 115th, Heard of the 114th and Smith of the 113th: A RESOLUTION recognizing and commending Pedro Villegas-Narvez, D.V.M., for his monumental contributions and accomplishments, and inviting him to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1107. By Representatives Roberts of the 154th, Golick of the 34th, Smith of the 129th, Maddox of the 172nd, Smith of the 70th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to qualified donations of real property for conservation purposes; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for authority of the state revenue commissioner and the Department of Natural Resources with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Crawford Y Cummings Y Davis Y Hill, C.A Holmes Y Holt Y Martin Y Maxwell Y May Y Sailor Y Scheid Y Scott, A WEDNESDAY, FEBRUARY 8, 2006 665 Y Ashe Y 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 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 Day Y Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Horne Y Houston Y Howard, E E 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 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 McCall E McClinton Meadows Y Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford E 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 E Ray E Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, M E 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 Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Beasley-Teague of the 65th, Neal of the 1st and Thomas of the 55th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The following Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time: HB 1022. By Representatives Bridges of the 10th, Crawford of the 127th, Harbin of the 118th, Amerson of the 9th and O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to the annual salaries of certain state 666 JOURNAL OF THE HOUSE officials, so as to provide that members of constitutional commissions may be reimbursed for certain expenses incurred during the performance of their official duties; to repeal conflicting laws; and for other purposes. By unanimous consent, further action on HB 1022 was suspended until later in the legislative day. The hour of convening the Joint Session pursuant to SR 782 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from Major General William G. Webster, Jr., Commanding General of the 3rd Infantry Division, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor. The Resolution calling for the Joint Session was read. Major General William G. Webster, Jr. appeared upon the floor of the House and addressed the Joint Session. Senator Williams of the 19th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed. The President Pro Tem of the Senate, Senator Johnson of the 1st, announced the Joint Session dissolved. The Speaker called the House to order. Under the general order of business, established by the Committee on Rules, the following Bill of the House, having previously been read, was again taken up for consideration: HB 1022. By Representatives Bridges of the 10th, Crawford of the 127th, Harbin of the 118th, Amerson of the 9th and O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to the annual salaries of certain state officials, so as to provide that members of constitutional commissions may be reimbursed for certain expenses incurred during the performance of their official duties; to repeal conflicting laws; and for other purposes. By unanimous consent, HB 1022 was recommitted to the Committee on Appropriations. WEDNESDAY, FEBRUARY 8, 2006 667 Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 954. By Representatives Geisinger of the 48th, Chambers of the 81st, Lindsey of the 54th, Millar of the 79th and Franklin of the 43rd: A BILL to be entitled an Act to amend Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public transportation, so as to delete a prohibition against the sale or exchange of tokens, transfers, transaction cards, or tickets without consent; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and withdrawn: A BILL To amend Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public transportation, so as to provide for circumstances under which it is unlawful to alter a public transportation fare medium or enter buses, rail vehicles, or stations without payment of the proper fare to the public transportation provider; 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 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public transportation, is amended by striking in its entirety Code Section 16-12-120.1, relating to altered fare coins, notes, tokens, transfers, and transaction cards and the sale or exchange of tokens, transfers, transaction cards, or tickets without consent, and inserting in lieu thereof the following: "16-12-120.1. A person who commits or attempts to commit any of the following acts shall be guilty of a misdemeanor if such person: (1) Sells, makes, or possesses any coin, note, token, stored value card, transfer, transaction card, ticket, or similar article any other fare medium which has been altered from its original condition contrary to its intended use to enter or gain entry into or on any bus, rail vehicle, or station; (2) Sells or exchanges any token, transfer, transaction card, ticket, fare medium, or similar article used or to be used as payment for entry into or on any bus, rail vehicle, or terminal without the express consent of the public transit agency owning or operating such vehicles or stations; 668 JOURNAL OF THE HOUSE (3)(2) Offers entry or provides entry into or on any bus, rapid rail car, or station to any person without the payment of the proper fare to the public transit agency owning or operating such vehicles or stations; (4)(3) Gains entry into or on any bus, rapid rail car, or station without the payment of the proper fare to the public transit agency owning or operating such vehicles or stations; or (5)(4) Gains entry into or on any bus, rapid rail car, or station through the use of a transcard coin, token, stored value card, transfer, transaction card, ticket, or any other similar fare media medium which is the property of another person when the use of such medium is limited by its terms to a single user." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public transportation, so as to provide for circumstances under which it is unlawful to alter a public transportation fare medium or enter buses, rail vehicles, or stations without payment of the proper fare to the public transportation provider; 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 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public transportation, is amended by striking in its entirety Code Section 16-12-120.1, relating to altered fare coins, notes, tokens, transfers, and transaction cards and the sale or exchange of tokens, transfers, transaction cards, or tickets without consent, and inserting in lieu thereof the following: "16-12-120.1. A person who commits or attempts to commit any of the following acts shall be guilty of a misdemeanor if such person: (1) Sells, makes, or possesses any coin, note, token, stored value card, transfer, transaction card, ticket, or similar article any other fare medium which has been WEDNESDAY, FEBRUARY 8, 2006 669 altered from its original condition contrary to its intended use to enter or gain entry into or on any bus, rail vehicle, or station; (2) Sells or exchanges any token, stored value card, transfer, transaction card, ticket, fare medium, or similar article which was obtained by fraudulent or illegal means and which is used or to be used as payment for entry into or on any bus, rail vehicle, or terminal without the express consent of the public transit agency owning or operating such vehicles or stations; (3) Offers entry or provides entry into or on any bus, rapid rail car, or station to any person without the payment of the proper fare to the public transit agency owning or operating such vehicles or stations; (4) Gains entry into or on any bus, rapid rail car, or station without the payment of the proper fare to the public transit agency owning or operating such vehicles or stations; or (5) Gains entry into or on any bus, rapid rail car, or station through the use of a transcard coin, token, transfer, transaction card, ticket, or any other similar fare media medium which is the property of another person when the use of such medium is limited by its terms to a single user. This paragraph shall not apply to stored value cards or similar fare media which deduct the cost of the fare from the value stored on the card or other fare medium each time such card or other fare medium is used." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Bordeaux Y Borders 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E E Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Martin Y Maxwell Y May McCall E McClinton Y Meadows Y Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Mosley Y Sailor Y Scheid Y Scott, A Y Scott, M E Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P 670 JOURNAL OF THE HOUSE Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Everson Y Fleming Y Floyd, H Y Floyd, J 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 Y Heckstall Y Hembree Y Henson Y Hill, C 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 Mumford E Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall E Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders 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 E 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 157, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1019. By Representatives Day of the 163rd, Horne of the 71st, Neal of the 1st, Hanner of the 148th, Chambers of the 81st and others: A BILL to be entitled an Act to create and establish the "Taser Certification Act"; to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to require certified training for law enforcement officers for the official use of tasers, stun guns, or other similar devices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to enact the "TASER and Electronic Control Weapons Act"; to require training and certification for peace officers authorized to use TASERs or other similar electronic control weapons or devices; to provide for WEDNESDAY, FEBRUARY 8, 2006 671 legislative intent; to require the adoption of written policies for those law enforcement agencies utilizing TASERs and other similar electronic control weapons and devices; 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 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, is amended by adding a new Code section immediately following Code Section 35-8-25 to read as follows: "35-8-26. (a) This Code section shall be known and may be cited as the 'TASER and Electronic Control Weapons Act.' (b) It is the intent and purpose of the Georgia General Assembly to establish legal requirements for the official use of electronic control weapons and similar devices by law enforcement officers, including those officers employed in detention facilities, which requirements shall be consistent with generally accepted industry practices. It is the further intent of the General Assembly to require that such devices, commonly referred to as TASERS or stun-guns, which disrupt the central nervous system of the human body, be used for law enforcement purposes in a manner consistent with established standards and with federal and state constitutional provisions. (c) A law enforcement unit authorizing the use of electronic control weapons or similar devices shall establish written policies and directives providing for the use and deployment of such weapons and devices in a manner consistent with standards established by the Georgia Peace Officer Standards and Training Council for the lawful use of force. The policies and directives required by this subsection shall be issued prior to the issuance of such devices. (d) Prior to the official use of electronic control weapons or similar devices, peace officers authorized by the officer's law enforcement unit to use such devices shall be required to satisfactorily complete a course of instruction and certification requirements approved by the council. All persons certified to use electronic control weapons shall complete an update or refresher training course of such duration and at such time as may be prescribed by the council in order for their electronic control weapons certification to remain in force and effect. (e) A department head authorizing the use of an electronic control weapon or similar device or a peace officer using an electronic control weapon or similar device in violation of this Code section shall be subject to disciplinary action as provided for in this chapter. The council is authorized to withdraw or suspend the certification to operate an electronic control weapon of any person for failure to meet the update or refresher requirements specified in this Code section or for violation of any portion of this chapter relating to conditions which may lead to the withdrawal, suspension, or probation of a peace officer's certification. 672 JOURNAL OF THE HOUSE (f) The Georgia Public Safety Training Center shall provide council approved training to peace officers for the use of electronic control weapons and similar devices." SECTION 2. This Act shall become effective on January 1, 2007, excepting that provisions applying to council certification and provisions for training offered by the Georgia Public Safety Training Center shall become effective six months after the effective date of an appropriations Act containing a specific appropriation to fund certification by the council or training by the center. 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 Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan 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 Everson Y Fleming Y Floyd, H 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby E Mosley Y Mumford E Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall E Ray Y Reece, B Y Reece, S Y Reese Y Sailor Y Scheid Y Scott, A Y Scott, M E 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 Y Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A WEDNESDAY, FEBRUARY 8, 2006 673 Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Heard, K N Heckstall Y Hembree Y Henson Y Hill, C Y Lunsford Y Maddox Y Mangham Manning Y Marin Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Manning of the 32nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. The following Resolutions of the House were read and adopted: HR 1270. By Representative Hudson of the 124th: A RESOLUTION commending Mrs. Pearl Fowler; and for other purposes. HR 1271. By Representative Sims of the 169th: A RESOLUTION honoring the memory of Clifton Bryce Murray and expressing regret at his passing; and for other purposes. HR 1273. By Representatives Davis of the 109th, Willard of the 49th, Rynders of the 152nd, Fleming of the 117th, Golick of the 34th and others: A RESOLUTION commending Branch Banking & Trust Co.; and for other purposes. HR 1282. By Representative Morgan of the 39th: A RESOLUTION commending Erika Yaya on having her artwork selected for the Youth Art Month State Capitol Exhibit; and for other purposes. HR 1283. By Representative Morgan of the 39th: A RESOLUTION commending Julia Harlon on having her artwork selected for the Youth Art Month State Capitol Exhibit; and for other purposes. 674 JOURNAL OF THE HOUSE HR 1288. By Representatives Benton of the 31st, Reece of the 27th, Mills of the 25th and Rogers of the 26th: A RESOLUTION commending Fredric Thomas Newsom on becoming an Eagle Scout; and for other purposes. HR 1290. By Representatives Barnard of the 166th, Day of the 163rd, Hill of the 21st, Scheid of the 22nd and Byrd of the 20th: A RESOLUTION commending Deputy Patrick Neal on winning the Peace Officer of the Year Award for Valor; and for other purposes. HR 1291. By Representative Bryant of the 160th: A RESOLUTION commending Pastor Elder Willie Ferrell for his life of dedicated service to his church, community, and fellow citizens; and for other purposes. HR 1292. By Representatives Burmeister of the 119th, Fleming of the 117th and Harbin of the 118th: A RESOLUTION celebrating the life and accomplishments of Joseph M. Still, Jr., M. D., and for offering condolences to his family and friends upon his passing; and for other purposes. HR 1293. By Representatives Ray of the 136th and O`Neal of the 146th: A RESOLUTION congratulating Mrs. Mary Edith McFall on the occasion of her 89th birthday; and for other purposes. HR 1294. By Representatives Scott of the 153rd, Roberts of the 154th, Coleman of the 144th, Houston of the 170th and Meadows of the 5th: A RESOLUTION commending Mr. J. Steve Woodham; and for other purposes. HR 1295. By Representative Carter of the 159th: A RESOLUTION commending Thomas Gibson Whatley III on becoming an Eagle Scout; and for other purposes. Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed. WEDNESDAY, FEBRUARY 8, 2006 675 The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. 676 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Thursday, February 9, 2006 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Amerson Anderson Ashe Barnard Bearden Benton Bridges Brooks Bryant Buckner, D Buckner, G Burkhalter Burns Byrd Carter Chambers Cheokas Coleman, B Cooper Cox Crawford Cummings Day Dickson Drenner Ehrhart England Everson Fleming Floyd, J Forster Franklin Freeman Gardner Graves, D Graves, T Greene Hanner Hatfield Heard, J Heard, K E Heckstall Hembree Hill, C Holt Horne Howard, E E Hudson Hugley Jacobs James Jamieson Jenkins Jennings Johnson Jones, J Jones, S Jordan Keen Keown Kidd Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lunsford Maddox Manning Marin May McCall E McClinton Meadows Millar Mills Morris E Mosley Mumford Murphy, J Murphy, Q Neal O'Neal Orrock Parham Parrish Parsons Porter Ralston E Ray Reece, B Reece, S Rice Roberts Rogers Royal Rynders Scheid Scott, A Scott, M Setzler Shaw Sims, F Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Stephens Talton Teilhet Thomas, A.M Thomas, B Tumlin Walker Warren Watson Wilkinson E Willard Williams, A Williams, E Williams, R Yates Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Abdul-Salaam of the 74th, Barnes of the 78th, Beasley-Teague of the 65th, Benfield of the 85th, Black of the 174th, Bordeaux of the 162nd, Borders of the 175th, Brown of the 69th, Bruce of the 64th, Burmeister of the 119th, Butler of the 18th, Casas of the 103rd, Channell of the 116th, Coan of the 101st, Cole of the 125th, Coleman of the 144th, Davis of the 109th, Dean of the 59th, Dodson of the 75th, Dukes of the 150th, Epps of the 128th, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Harbin of the 118th, Henson of the 87th, Hill of the 180th, Holmes of the 61st, Houston of the 170th, Jackson of the 161st, Knight of the 126th, Lucas of the 139th, Mangham of the 94th, Martin of the 47th, Maxwell of the 17th, Mitchell of the 88th, Mosby of the 90th, Oliver of the 83rd, Powell of the 29th, Randall of the 138th, Reese of the 98th, Sims of THURSDAY, FEBRUARY 9, 2006 677 the 169th, Sinkfield of the 60th, Smyre of the 132nd, Stanley-Turner of the 53rd, Stephenson of the 92nd, and Wix of the 33rd. They wish to be recorded as present. Prayer was offered by the Reverend Richard Walker, Macland Baptist Church, Powder Springs, Georgia. The members pledged allegiance to the flag. Representative Heard of the 104th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 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 1265. By Representatives Parsons of the 42nd, Manning of the 32nd, Golick of the 34th, Teilhet of the 40th, 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 678 JOURNAL OF THE HOUSE May 5, 2005 (Ga. L. 2005, p. 3620), so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1288. By Representatives Ralston of the 7th, Fleming of the 117th, Hatfield of the 177th, Cox of the 102nd and Everson of the 106th: A BILL to be entitled an Act to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to provide for required training of municipal court clerks; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1289. By Representative Parrish of the 156th: A BILL to be entitled an Act to create a board of elections and registration for Candler 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 board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1290. By Representatives Hill of the 180th, Lewis of the 15th, Lane of the 167th and Lane of the 158th: A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit the intentional sale or fraudulent transfer or use of the records of a customer of a telephone service provider; to provide a short title; to provide for a fine, imprisonment of not more than ten years, or both; to exempt law enforcement agencies; to provide definitions; to provide a legislative THURSDAY, FEBRUARY 9, 2006 679 purpose; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1291. By Representatives Smith of the 131st, Rogers of the 26th, Meadows of the 5th and Murphy of the 120th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to regulate automobile clubs; to provide definitions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1292. By Representatives Keown of the 173rd, Neal of the 1st, Mills of the 25th, Buckner of the 130th, Borders of the 175th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to create a prison chaplains appreciation day; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. HB 1293. By Representatives Royal of the 171st, Floyd of the 147th, Roberts of the 154th, Channell of the 116th and O`Neal of the 146th: 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 constitute a breach of a conservation use covenant but incur a reduced penalty; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1294. By Representatives Smith of the 113th, Floyd of the 147th and Royal of the 171st: A BILL to be entitled an Act to amend an Act amending Chapter 16 of Title 50 of the O.C.G.A., relating to public property, and amending Part 2 of Article 2 of Chapter 3 of Title 20 of the O.C.G.A., relating to the university system, approved May 29, 2003 (Ga. L. 2003, p. 313), so as to delay the 680 JOURNAL OF THE HOUSE repeal of a certain provision of said Act until June 30, 2008; to eliminate the June 30, 2006, repeal of a certain provision of said Act; to amend Title 20 of the O.C.G.A., relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the university system; to provide for certain nonlapsing revenue of institutions under the Department of Technical and Adult Education; to provide for automatic repeals of certain provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1295. By Representatives Smith of the 113th, Stephens of the 164th, Williams of the 89th, May of the 111th, Dollar of the 45th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments of insurers, so as to provide for insurance tax credits for certain qualified investments of insurers; to define certain terms; to provide for qualification; to provide for insurance tax credits; to provide for limitations on and allocations of insurance tax credits; to provide for qualified investments; to provide for fees, reports, and annual review; to provide for distributions; to provide for disqualification; to provide for transferability; to provide for rules and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1296. By Representatives Stephens of the 164th and Carter of the 159th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption regarding the sale or use of tangible personal property used in the maintenance or repair of aircraft; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1297. By Representatives Tumlin of the 38th, Teilhet of the 40th, Parsons of the 42nd, Manning of the 32nd, Johnson of the 37th and others: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, so as to change the provisions relating to the compensation of the chairperson and the other commissioners of the board; THURSDAY, FEBRUARY 9, 2006 681 to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1298. By Representative Hanner of the 148th: A BILL to be entitled an Act to create and establish the Preston-WestonWebster 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 Preston, the City of Weston, and the County of Webster; to provide for all procedures and other matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1299. By Representative Hanner of the 148th: A BILL to be entitled an Act to provide that future elections for the office of probate judge of Chattahoochee County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1300. By Representatives Henson of the 87th, Watson of the 91st, Willard of the 49th, Wilkinson of the 52nd, Stephenson of the 92nd and others: A BILL to be entitled an Act to amend Code Section 36-75-7 of the Official Code of Georgia Annotated, relating to the power and authority of public safety and judicial facilities authorities, so as to raise the aggregate amount of bonds that may be issued; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. 682 JOURNAL OF THE HOUSE HB 1301. By Representatives Martin of the 47th, Royal of the 171st, Chambers of the 81st, Jennings of the 82nd and Scott of the 2nd: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption for a limited period of time with respect to certain sales of food and groceries to a qualified food bank; 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 repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1302. By Representatives Casas of the 103rd, Fleming of the 117th, Everson of the 106th, Coan of the 101st, Reese of the 98th and others: A BILL to be entitled an Act to provide for public safety measures for and from young people; to amend Chapter 15 of Title 16 of the O.C.G.A., the "Georgia Street Gang Terrorism and Prevention Act," so as to change certain definitions; to change certain provisions relating to the prohibition against participation in criminal street gang activity; to provide for enhanced penalties for participation in criminal street gang activity; to provide for the admissibility of certain evidence at trial; to amend Title 20 of the O.C.G.A., relating to education, so as to change certain provisions relating to failure to leave school premises after being requested to leave; to change certain provisions relating to check-in requirements and exceptions; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1303. By Representatives Johnson of the 37th, Ehrhart of the 36th, Manning of the 32nd, Parsons of the 42nd, 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 judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. THURSDAY, FEBRUARY 9, 2006 683 HB 1304. By Representatives Knox of the 24th, Brown of the 69th and Meadows of the 5th: A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to provide that neither the cash surrender values nor the proceeds of life insurance policies and annuity contracts shall be liable to attachment, garnishment, or legal process in favor of any creditor of the person for whose use or benefit the policy or contract was executed; to provide that the proceeds of life insurance policies that are payable to the insured's estate or executor, administrator, or assign shall become a part of the insured's estate to be administered as all other estate assets; to provide for the discharge from liability for any insurer for payments in accordance with such provisions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1305. By Representatives Amerson of the 9th, Stephens of the 164th, Smith of the 113th, Royal of the 171st and Forster of the 3rd: A BILL to be entitled an Act to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to provide definitions; to provide for investment entities as to which the state is a sole limited liability owner; to provide means of investment of SeedCapital Fund moneys by and through investment entities as to which the state is a sole limited liability owner; 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 1306. By Representatives May of the 111th, Hembree of the 67th, Smith of the 113th, Roberts of the 154th, Reese of the 98th and others: A BILL to be entitled an Act to amend Code Section 21-2-540 of the Official Code of Georgia Annotated, relating to conduct of special elections generally, so as to provide that special elections regarding the imposition of sales and use taxes shall be held only on the Tuesday after the first Monday in November in even-numbered years; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. 684 JOURNAL OF THE HOUSE HR 1286. By Representatives Brown of the 69th, McCall of the 30th, Roberts of the 154th, Smyre of the 132nd, Epps of the 128th and others: A RESOLUTION urging local governments in the Metropolitan North Georgia Water Planning District to require retrofitting of inefficient plumbing fixtures used prior to 1993 for residential and commercial buildings sold or exchanged on or after January 1, 2007; and for other purposes. Referred to the Committee on Natural Resources & Environment. HR 1287. By Representatives Sims of the 169th and Hembree of the 67th: A RESOLUTION creating the Joint Public Libraries Study Committee; and for other purposes. Referred to the Committee on Higher Education. By unanimous consent, the rules were suspended in order that the following Bill and Resolution of the House could be introduced, read the first time and referred to the Committees: HB 1313. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others: A BILL to be entitled an Act to amend Title 8 of the O.C.G.A., relating buildings and housing, Title 22 of the O.C.G.A., relating to eminent domain, and Title 36 of the O.C.G.A., relating to local government, so as to provide for the comprehensive revision of provisions regarding eminent domain; to provide for a short title; to change certain provisions regarding a housing authority's eminent domain power; to change certain language relating to blighted areas; to provide for a new definition of blighted areas; to change certain provisions regarding housing authorities power of eminent domain; to amend Chapter 3 of Title 23 of the O.C.G.A., relating to equitable remedies and proceedings, so as to grant standing to municipalities and counties to seek certain equitable remedies and proceedings; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HR 1306. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others: THURSDAY, FEBRUARY 9, 2006 685 A BILL proposing an amendment to the Constitution so as to require that the condemnation of property for redevelopment purposes must be approved by vote of the elected governing authority of the county or city in which the property is located; to restrict the use of eminent domain for redevelopment purposes to the elimination of affirmative harm; to provide that the use of eminent domain by counties and municipalities shall be subject to limitation by general law; to prohibit the use of eminent domain by certain nonelected local authorities; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Judiciary. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 1263 HB 1264 HB 1266 HB 1267 HB 1268 HB 1269 HB 1270 HB 1271 HB 1272 HB 1273 HB 1274 HB 1275 HB 1276 HB 1277 HB 1278 HB 1279 HB 1280 HB 1281 HB 1282 HB 1283 HB 1284 HB 1285 HB 1286 HB 1287 HR 1266 HR 1267 HR 1272 HR 1280 HR 1281 Representative McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report: Mr. Speaker: Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1213 Do Pass 686 JOURNAL OF THE HOUSE Respectfully submitted, /s/ McCall of the 30th Chairman Representative Mills of the 25th District, Chairman of the Committee on Banks and Banking, submitted the following report: Mr. Speaker: Your Committee on Banks and Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1238 Do Pass, by Substitute Respectfully submitted, /s/ Mills of the 25th Chairman Representative Stephens of the 164th District, Chairman of the Committee on Economic Development and Tourism, submitted the following report: Mr. Speaker: Your Committee on Economic Development and Tourism has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1184 Do Pass, by Substitute HR 1175 Do Pass Respectfully submitted, /s/ Stephens of the 164th Chairman Representative Lane of the 158th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report: Mr. Speaker: Your Committee on Game, Fish and Parks has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: THURSDAY, FEBRUARY 9, 2006 687 HB 338 Do Pass, by Substitute HB 1211 Do Pass HR 1226 Do Pass Respectfully submitted, /s/ Lane of the 158th Chairman Representative Coan of the 101st District, Chairman of the Committee on Industrial Relations, submitted the following report: Mr. Speaker: Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1240 Do Pass Respectfully submitted, /s/ Coan of the 101st Chairman Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: Mr. Speaker: Your Committee on Judiciary Non-Civil has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1001 Do Pass, by Substitute HB 1032 Do Pass, by Substitute Respectfully submitted, /s/ Ralston of the 7th Chairman Representative Smith of the 70th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report: Mr. Speaker: 688 JOURNAL OF THE HOUSE Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 724 Do Pass Respectfully submitted, /s/ Smith of the 70th Chairman Representative Bridges of the 10th District, Chairman of the Committee on Retirement, submitted the following report: Mr. Speaker: Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 554 Do Pass, by Substitute HB 1151 Do Pass Respectfully submitted, /s/ Bridges of the 10th 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 1233 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 470 Do Pass THURSDAY, FEBRUARY 9, 2006 689 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1097 Do Pass, by Substitute HR 408 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 THURSDAY, FEBRUARY 9, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 16th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 984 Education; parent in military service; excused absences; provide HB 1067 Georgia Commission on Interstate Cooperation; certain provisions; amend Modified Open Rule HB 1066 Metabolic and genetic disorders; system for screening newborns; change provisions 690 JOURNAL OF THE HOUSE Modified Structured Rule None Structured Rule HB 644 Employees' Retirement; allowable service; change provisions HB 1137 House Districts 46, 48, 50, and 51; provide for composition 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 Bill of the Senate was taken up for consideration and read the third time: SB 470. By Senators Wiles of the 37th, Stoner of the 6th, Hill of the 32nd and Rogers of the 21st: A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3872), so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Dodson Y Dollar Drenner Y Dukes Y Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills Mitchell Y Morgan Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield THURSDAY, FEBRUARY 9, 2006 691 Y Black Y Bordeaux Y Borders 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 Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Henson Y Hill, C Y James 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 Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Morris Y Mosby E Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Oliver 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 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 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 Yates Richardson, Speaker On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Lewis of the 15th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Assistant Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 425. By Senators Goggans of the 7th, Zamarripa of the 36th, Balfour of the 9th, Williams of the 19th, Johnson of the 1st and others: A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Computer Security Act of 2005," so as to enact "The Georgia Child, Family, and School 692 JOURNAL OF THE HOUSE Communications Protection Act"; to provide a short title; to provide for definitions; to create a service to protect child, family, and school communications; to provide conditions for registration; to provide for a fee; to provide for procedures; to provide for verification from the contents of the service; to prohibit the release of certain information; to shield certain information from public inspection; to provide for a penalty; to provide for civil actions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 468. By Senators Moody of the 56th, Carter of the 13th, Douglas of the 17th, Grant of the 25th, Bulloch of the 11th and others: A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment under the "Quality Basic Education Act," so as to provide for the establishment of a grant program for High Performance Principals to attract successful principals to schools in need of improvement; to provide for legislative findings; to provide for a definition; to provide for rules and regulations; to provide for one-year salary supplements; to provide for reports; to provide for construction; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 496. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide for a homestead exemption from Camden County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. SB 497. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide for a homestead exemption from Camden County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be THURSDAY, FEBRUARY 9, 2006 693 received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; 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 425. By Senators Goggans of the 7th, Zamarripa of the 36th, Balfour of the 9th, Williams of the 19th, Johnson of the 1st and others: A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Computer Security Act of 2005," so as to enact "The Georgia Child, Family, and School Communications Protection Act"; to provide a short title; to provide for definitions; to create a service to protect child, family, and school communications; to provide conditions for registration; to provide for a fee; to provide for procedures; to provide for verification from the contents of the service; to prohibit the release of certain information; to shield certain information from public inspection; to provide for a penalty; to provide for civil actions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 468. By Senators Moody of the 56th, Carter of the 13th, Douglas of the 17th, Grant of the 25th, Bulloch of the 11th and others: A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment under the "Quality Basic Education Act," so as to provide for the establishment of a grant program for High Performance Principals to attract successful principals to schools in need of improvement; to provide for legislative findings; to provide for a definition; to provide for rules and regulations; to provide for one-year salary supplements; to provide for reports; to provide for construction; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. SB 496. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide for a homestead exemption from 694 JOURNAL OF THE HOUSE Camden County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; 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 497. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide for a homestead exemption from Camden County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; 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 members were recognized during the period of Morning Orders and addressed the House: Morgan of the 39th, Forster of the 3rd, and Butler of the 18th. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1233. By Representatives McCall of the 30th, England of the 108th, Roberts of the 154th and Crawford of the 127th: A RESOLUTION recognizing and commending the Georgia Farm Bureau Federation and inviting its president to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: THURSDAY, FEBRUARY 9, 2006 695 HR 1296. By Representatives Brooks of the 63rd, Watson of the 91st, Abdul-Salaam of the 74th, Orrock of the 58th, Holmes of the 61st and others: A RESOLUTION remembering and repudiating the 1906 Atlanta race riot; and for other purposes. HR 1297. By Representatives Hugley of the 133rd, Morgan of the 39th, Randall of the 138th and Smyre of the 132nd: A RESOLUTION recognizing Alpha Kappa Alpha Day at the capitol on February 20, 2006, and inviting Regional Connection Committee Chair, Marjorie Young, to appear before the House of Representatives; and for other purposes. HR 1298. By Representatives Meadows of the 5th, Coleman of the 97th, Amerson of the 9th, Dickson of the 6th and Cummings of the 16th: A RESOLUTION commending the Professional Association of Georgia Educators (PAGE) and inviting the Professional Association of Georgia Educators to appear before the House of Representatives and recognizing "PAGE Day on capitol Hill"; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 984. By Representatives Coan of the 101st, Lunsford of the 110th, Ehrhart of the 36th, Ralston of the 7th, Coleman of the 97th 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 for students in elementary and secondary education, so as to provide that a student whose parent is in military service is granted excused absences from school to visit with his or her parent prior to deployment or while on leave; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Crawford Y Cummings Y Davis Y Hill, C.A Y Holmes Y Holt Y Martin Y Maxwell Y May Y Sailor Y Scheid Y Scott, A 696 JOURNAL OF THE HOUSE Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown 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 Day Dean Y Dickson Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Henson Hill, C Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y McCall E McClinton Y Meadows Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby E 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 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 Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Stephenson of the 92nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1067. By Representatives Forster of the 3rd, Davis of the 109th, Manning of the 32nd and Fludd of the 66th: 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 THURSDAY, FEBRUARY 9, 2006 697 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 Committee substitute was read and adopted: 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 the membership of the Georgia Commission on Interstate Cooperation; to define a certain term; 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. 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 regular members: (1) The five members of the Senate Committee on Interstate Cooperation; (2) The five members of the House Committee on Interstate Cooperation; and (3) The five members of the Governor's Committee on Interstate Cooperation. (b) The chairperson of the Senate Committee on Interstate Cooperation and the chairperson of the House Committee on Interstate Cooperation shall be cochairpersons of the commission. (c) 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 Governor's Committee on Interstate Cooperation shall be ex officio chairman of this commission." SECTION 2. 698 JOURNAL OF THE HOUSE Said chapter is further amended by inserting following Code Section 28-6-1 a new Code section to read as follows: "28-6-1.1. As used in this chapter, the term 'nonpartisan legislative organization' means an organization whose membership is limited to legislators and which does not align itself with and is not funded by a political party." SECTION 3. 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 nonpartisan legislative 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 nonpartisan legislative organizations for that purpose such purposes." SECTION 4. 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: THURSDAY, FEBRUARY 9, 2006 699 "28-6-7. Any nonpartisan legislative 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 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 declared to be a joint governmental agency of this state and of the other states which cooperate through them it." 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 Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown 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 Crawford Y Cummings Y Davis Y Day Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby E 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 N Randall Y Ray Y Reece, B Y Reece, S Reese Y Rice Y Sailor Y Scheid Y Scott, A Y 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 Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E 700 JOURNAL OF THE HOUSE Y Coleman, B Y Coleman, T Y Cooper Y Cox E Heckstall Y Hembree Henson Y Hill, C Y Maddox Y Mangham Manning Y Marin Y Roberts Y Rogers Y Royal Y Rynders Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 157, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Reese of the 98th 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 1066. By Representatives Manning of the 32nd, Ehrhart of the 36th, O`Neal of the 146th, Cooper of the 41st, Brown of the 69th and others: A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to change certain provisions relating to a system for screening newborns for certain metabolic and genetic disorders; to provide for the establishment of fees; to provide for religious objection to screening; to change certain provisions relating to screening for phenylketonuria, sickle cell anemia, and sickle cell trait; to provide for related matters; 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 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to change certain provisions relating to a system for screening newborns for certain metabolic and genetic disorders; to provide for the establishment of fees; to provide for religious objection to screening; to change certain provisions relating to screening for phenylketonuria, sickle cell anemia, and sickle cell trait; 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 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, is amended by THURSDAY, FEBRUARY 9, 2006 701 striking Code Section 31-12-6, relating to a system for prevention of mental retardation resulting inherited metabolic disorders, and inserting in lieu thereof the following: "31-12-6. (a) The department shall promulgate rules and regulations creating a system for the prevention of mental retardation serious illness, severe physical or developmental disability, and death caused by genetic conditions, such as phenylketonuria, galactosemia, tyrosinemia, homocystinuria, maple syrup urine disease, hypothyroidism, congenital adrenal hyperplasia, and such other inherited metabolic and genetic disorders as may be determined identified in the future to result in serious illness, severe physical or developmental disability, and death cause mental retardation if undiagnosed and untreated. The system shall have five components: screening newborns for the disorders; retrieving potentially affected screenees back into the health care system; accomplishing specific diagnoses; initiating and continuing therapy; and assessing the program. (b) The entire process for screening, retrieval, and diagnosis must occur within the first three weeks of an infant's life time frames established by the department pursuant to rules and regulations, and the system shall be structured to meet this critical need. (c) The department shall be responsible for the screening of all newborns for the disorder disorders enumerated and in a manner determined by the department pursuant to rules and regulations and shall be responsible for assessment of the program. (d) The department shall, to the extent state or federal funds are available for such purposes, including but not limited to funds provided under Title V of the Social Security Act, the Maternal and Child Health Services Block Grant, provide for retrieving potentially affected screenees back into the health care system; accomplishing specific diagnoses; initiating and continuing therapy; and assessing the program. (e) Because the rudiments of such a system already exist, the The department shall utilize appropriate existing resources whenever possible and shall cause the coordination and cooperation of agencies and organizations having resources necessary for the creation of an effective system. (f) The department shall be authorized to establish and periodically adjust, by rule and regulation, fees associated with the screening, retrieval, and diagnosis conducted pursuant to this Code section to help defray or meet the costs incurred by the department. In no event shall the fees exceed such costs, both direct and indirect, in providing such screenings and related services, provided that no services shall be denied on the basis of inability to pay. All fees paid thereunder shall be paid into the general fund of the State of Georgia. (g) The requirements of this Code section with regard to screening, retrieval, and diagnosis shall not apply to any infant whose parents object in writing thereto on the grounds that such tests and treatment conflict with their religious tenets and practices." SECTION 2. Said chapter is further amended by striking Code Section 31-12-7, relating to rules and 702 JOURNAL OF THE HOUSE regulations regarding tests for phenylketonuria, sickle cell anemia, and sickle cell trait, and inserting in lieu thereof the following: "31-12-7. (a) In coordination and association with the system established by the department for the screening, retrieval, and diagnosis of certain metabolic and genetic disorders pursuant to Code Section 31-12-6, the The department, or its successor agency or department, shall adopt and promulgate appropriate rules and regulations governing tests for phenylketonuria, sickle cell anemia, and sickle cell trait, and other metabolic and genetic disorders as enumerated by the department pursuant to rules and regulations so that as nearly as possible all newborn infants who are susceptible or likely to have phenylketonuria, sickle cell anemia, or sickle cell trait, or other metabolic and genetic disorders shall receive a test for phenylketonuria, sickle cell anemia, or sickle cell trait, or other metabolic and genetic disorders or all of such conditions as soon after birth as successful testing and treatment therefor may be initiated; provided, however, that this Code section shall not apply to any infant whose parents object thereto on the grounds that such tests and treatment conflict with their religious tenets and practices. (b) If any such child is found to have phenylketonuria, sickle cell anemia, or sickle cell trait, it shall be the duty of the examining physician or the department to inform the parents of such child that the child is so afflicted and, if such child has sickle cell anemia or sickle cell trait, that counseling regarding the nature of the disease, its effects, and its treatment is available without cost from the department and the county board of health or county department of health. (c) It shall be the duty of the department and each county board of health and county department of health, or their successor agencies or departments, to furnish counseling and advice to any persons requesting such counseling regarding sickle cell anemia or sickle cell trait, its characteristics, symptoms, traits, effects, and treatment. Such counseling shall be furnished without cost to the person requesting it. (d) The department shall be authorized to establish and periodically adjust, by rule and regulation, fees associated with the screening, retrieval, and diagnosis conducted pursuant to this Code section to help defray or meet the costs incurred by the department. In no event shall the fees exceed such costs, both direct and indirect, in providing such screenings and related services, provided that no services shall be denied on the basis of inability to pay. All fees paid thereunder shall be paid into the general fund of the State of Georgia." SECTION 3. This Act shall become effective on January 1, 2007. 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. THURSDAY, FEBRUARY 9, 2006 703 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 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 Y Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings N Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 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 Y Houston Y Howard, E 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 Y Lindsey Y Lord N 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 Mills Y Mitchell Y Morgan Y Morris Y Mosby E 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 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 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 163, nays 7. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 644. By Representatives Coleman of the 97th, McCall of the 30th, Bridges of the 10th and Cummings of the 16th: A BILL to be entitled an Act to amend Code Section 47-2-96.1 of the Official Code of Georgia Annotated, relating to creditable service in the 704 JOURNAL OF THE HOUSE Employees Retirement System of Georgia for certain temporary full-time service, so as to change certain provisions relating to allowable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. 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 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 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 Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Houston Y Howard, E 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 Lucas Lunsford Y Maddox Y Mangham Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby E Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M 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 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 On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed. THURSDAY, FEBRUARY 9, 2006 705 Representative Hanner of the 148th was excused on the preceding roll call. Due to a mechanical malfunction, he was shown as not voting. HB 1137. By Representatives Geisinger of the 48th, Jones of the 46th, Rice of the 51st and Burkhalter of the 50th: A BILL to be entitled an Act to provide for the composition of state house districts and, in particular, House Districts 46, 48, 50, and 51; to provide for the election of such Representatives; to provide when such Representatives so elected shall take office; to provide for the continuation of present house districts until a certain time; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To provide for the composition of state house districts and, in particular, House Districts 5, 12, 46, 48, 50, 51, 167, and 179; to provide for the election of such Representatives; to provide when such Representatives so elected shall take office; to provide for the continuation of present house districts until a certain time; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) The General Assembly recognizes that the apportionment of the house districts for the 2004 elections was governed by the interim reapportionment plan entered by order of the United States District Court for the Northern District of Georgia in the case of Larios v. Cox, 314 F. Supp. 2d 1357 (N.D.Ga. 2004). (b) Except as otherwise provided in this subsection, the districts for House Districts 1 through 180 shall continue to be those districts as provided in the order of the United States District Court in the case of Larios v. Cox. On and after January 1, 2007, House Districts 5, 12, 46, 48, 50, 51, 167, and 179 shall be as described in a report which is attached to this Act and is made a part of this Act. (c) The first members of the House of Representatives from House Districts 5, 12, 46, 48, 50, 51, 167, and 179 elected pursuant to subsection (b) of this section shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 2007. Until that time the members of the House of Representatives elected from House Districts 5, 12, 46, 48, 50, 51, 167, and 179 under the interim court order in the case of Larios v. Cox shall continue to serve and shall represent the districts from which elected; and until that time the composition of the districts from which such members were elected shall remain the same. The provisions of subsection (b) of this 706 JOURNAL OF THE HOUSE section shall be effective, however, for the primary and general elections of 2006 for the purpose of electing members of the House of Representatives from House Districts 5, 12, 46, 48, 50, 51, 167, and 179 in 2006 who are to take office in 2007. Successors to those members shall likewise be elected under the provisions of this Act. 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. District 005 Gordon County Tract: 9701 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 3997 Tract: 9702 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 1993 1994 1995 1996 1997 1998 BG: 2 BG: 3 BG: 4 Tract: 9703 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1026 1027 1028 1029 1995 1996 BG: 2 BG: 3 BG: 4 Tract: 9704 BG: 1 1012 1013 1014 1015 1016 1017 1021 1022 1023 1024 1025 1026 1027 1028 BG: 2 BG: 3 Tract: 9705 BG: 1 THURSDAY, FEBRUARY 9, 2006 707 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 1072 1073 1074 1075 1076 BG: 2 BG: 3 Tract: 9706 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 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 4042 4045 4046 4049 4053 4054 4055 4060 4065 4067 4068 4073 4075 4076 4077 4081 4082 Tract: 9707 BG: 1 1000 1031 1032 1035 Tract: 9708 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 2030 2034 2035 2036 2040 2043 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 Murray County Tract: 102 BG: 1 1043 1044 1045 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 BG: 5 708 JOURNAL OF THE HOUSE 5002 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5022 5023 5024 5025 Tract: 103 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2029 2030 BG: 3 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 3994 3995 3996 3997 3998 3999 Tract: 104 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 BG: 3 BG: 4 Tract: 105 BG: 1 1005 1006 1007 1008 1009 1010 1017 BG: 2 2000 2001 2002 2003 2015 2016 2017 2018 2019 2020 2021 BG: 3 Tract: 106 Tract: 107 District 012 Bartow County Tract: 9601 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 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 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 BG: 2 2000 2001 2002 2003 2004 2010 2011 2012 2013 2014 2032 2033 THURSDAY, FEBRUARY 9, 2006 709 BG: 3 3006 3007 3022 Gordon County Tract: 9701 BG: 1 BG: 2 BG: 3 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 3993 3994 3995 3996 3998 3999 Tract: 9702 BG: 1 1999 Tract: 9703 BG: 1 1000 1001 1002 1003 1004 1005 1006 1017 1018 1019 1020 1021 1022 1023 1024 1025 1030 1031 1032 1997 1998 1999 Tract: 9704 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1018 1019 1020 1999 Tract: 9705 BG: 1 1071 Tract: 9706 BG: 3 3057 3058 3059 3060 3061 3062 3063 BG: 4 4000 4040 4041 4043 4044 4047 4048 4050 4051 4052 4056 4057 4058 4059 4061 4062 4063 4064 4066 4069 4070 4071 4072 4074 4078 4079 4080 Tract: 9707 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 1033 1034 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 BG: 2 BG: 3 Tract: 9708 BG: 1 BG: 2 710 JOURNAL OF THE HOUSE 2029 2031 2032 2033 2037 2038 2039 2041 2042 2044 2045 2046 2047 2048 2049 2050 BG: 3 Tract: 9709 Pickens County District 046 Fulton County Tract: 101.11 BG: 1 1999 Tract: 114.03 Tract: 114.04 BG: 2 2018 2019 BG: 6 6020 Tract: 114.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1011 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3010 3011 3012 3013 3014 3015 BG: 7 Tract: 114.07 BG: 5 5000 5001 5002 5003 5004 5005 5006 5013 Tract: 115.01 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 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4055 4056 BG: 5 BG: 9 Tract: 115.02 Tract: 116.04 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 THURSDAY, FEBRUARY 9, 2006 711 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2029 2030 2031 2032 2999 BG: 4 4000 4001 4002 4005 4008 4009 4010 4011 4012 4013 4023 4024 4025 4028 4999 BG: 5 5000 5001 5002 5003 5004 5010 5011 5021 Tract: 116.05 BG: 1 1008 1009 1010 1011 1013 1015 1017 1018 1055 BG: 6 6027 District 048 Fulton County Tract: 101.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1995 1998 1999 BG: 2 BG: 3 Tract: 101.07 BG: 1 1002 1003 1004 1005 1006 1999 Tract: 101.09 BG: 8 8000 8001 8002 8003 Tract: 101.11 BG: 1 1000 1001 1002 1003 1004 1005 BG: 2 BG: 3 Tract: 101.12 Tract: 102.04 BG: 1 1000 1001 1002 1003 1999 Tract: 102.08 Tract: 102.09 Tract: 102.10 BG: 2 Tract: 114.05 BG: 1 1009 1010 1012 712 JOURNAL OF THE HOUSE BG: 3 3007 3008 3009 Tract: 114.06 Tract: 114.07 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5007 5008 5009 5010 5011 5012 BG: 7 Tract: 114.11 BG: 1 1995 1996 District 050 Fulton County Tract: 114.13 BG: 8 8000 8001 8003 8004 8005 8006 8007 Tract: 114.15 BG: 1 1005 1006 1014 1016 1017 1018 1998 1999 Tract: 116.06 BG: 9 9000 9001 9002 9003 9004 9023 9049 9050 9051 9053 9060 9061 9062 9063 9068 Tract: 116.07 BG: 7 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7010 7011 7012 7013 7024 7025 7026 Tract: 116.08 Tract: 116.09 BG: 2 BG: 8 8000 8001 8015 8016 8018 8019 District 051 Fulton County Tract: 114.13 BG: 4 4000 BG: 5 THURSDAY, FEBRUARY 9, 2006 713 5000 5001 5002 5003 5004 5005 5006 BG: 8 8002 Tract: 114.15 BG: 1 1000 1001 1002 1003 1004 1007 1008 1009 1010 1011 1012 1013 1015 1019 1020 1021 1022 1023 1024 1997 Tract: 116.09 BG: 8 8002 8003 8004 8005 8006 8007 8008 8009 8010 8011 8012 8013 8014 8017 8020 8021 8022 8023 8998 8999 Gwinnett County Tract: 502.06 BG: 1 1012 1013 1014 1015 1016 1017 1018 1995 1996 1997 Tract: 503.04 BG: 2 2006 Tract: 503.07 Tract: 503.08 Tract: 503.09 Tract: 503.10 Tract: 503.11 BG: 1 1000 1001 1002 Tract: 503.13 BG: 2 2000 2001 2002 2003 2004 2005 2006 Tract: 503.14 BG: 1 BG: 2 2006 2007 2008 BG: 3 3002 3003 3004 Tract: 503.15 BG: 5 BG: 8 District 167 Glynn County Tract: 10 BG: 2 714 JOURNAL OF THE HOUSE 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 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 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2130 2131 2132 2133 2134 2135 2136 2137 2138 2196 2197 2198 2199 2200 2201 2202 2203 2204 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 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 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3100 3101 3102 3103 3104 3105 3106 3990 3991 3992 3993 3994 3995 3996 3997 3998 3999 BG: 4 Tract: 3 BG: 1 1003 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 1019 1023 1024 1025 1026 1027 1028 1029 1030 1031 BG: 3 Tract: 4.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 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 2083 2084 2087 2088 2089 2090 2091 2998 2999 Tract: 4.02 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 THURSDAY, FEBRUARY 9, 2006 715 2024 2025 2026 2027 2028 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2998 2999 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5997 5998 5999 Tract: 6 BG: 4 4000 4001 4002 4003 4004 4005 4006 Long County McIntosh County Wayne County Tract: 9702 BG: 3 3000 3001 3002 3003 3004 3005 3006 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4016 4019 4999 Tract: 9706 BG: 1 1000 1001 1002 1003 1004 1005 1006 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 1055 1056 1057 1058 1059 1060 1998 1999 BG: 2 2000 2001 2002 2003 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 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 3050 3051 3052 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3997 3998 3999 District 179 Glynn County 716 JOURNAL OF THE HOUSE Tract: 1 Tract: 10 BG: 5 Tract: 2 Tract: 3 BG: 1 1000 1001 1002 1004 1005 1016 1020 1021 1022 1032 1999 BG: 2 Tract: 4.01 BG: 2 2081 2082 2085 2086 2092 Tract: 4.02 BG: 2 2029 2030 BG: 5 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 5030 5990 5991 5992 5993 5994 5995 5996 Tract: 5.01 Tract: 5.02 Tract: 6 BG: 1 BG: 2 BG: 3 BG: 4 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 4995 4996 4997 4998 4999 BG: 5 Tract: 7 Tract: 8 Tract: 9 The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Amerson N Anderson Y Crawford Y Cummings Y Davis Y Hill, C.A N Holmes Y Holt Y Martin Y Maxwell Y May N Sailor Y Scheid Y Scott, A THURSDAY, FEBRUARY 9, 2006 717 N Ashe Y Barnard Y Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce Y Bryant N Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Day N Dean Y Dickson Y Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming 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 Y Greene E Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Horne Y Houston N Howard, E Hudson N Hugley N Jackson E Jacobs N James N Jamieson Y Jenkins Y Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y McCall E McClinton Y Meadows Y Millar Y Mills Mitchell N Morgan Y Morris N Mosby E Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Powell Y Ralston N Randall Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, M Y Setzler Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P 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 N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 114, nays 52. The Bill, having received the requisite constitutional majority, was passed, by substitute. The following Resolutions of the House were read and adopted: HR 1308. By Representatives Butler of the 18th, Smith of the 70th, Roberts of the 154th, Keen of the 179th and Smith of the 113th: A RESOLUTION recognizing Georgia Real Estate Appraisers Day; and for other purposes. HR 1309. By Representatives Williams of the 165th, Richardson of the 19th, Barnard of the 166th, Parrish of the 156th, Stephens of the 164th and others: 718 JOURNAL OF THE HOUSE A RESOLUTION mourning the passing for former State Senator Rene Kemp, and honoring his life and memory; and for other purposes. HR 1310. By Representatives Jenkins of the 8th and Johnson of the 37th: A RESOLUTION congratulating Mrs. Dora Hunter Allison Spiva on the occasion of her 101st birthday; and for other purposes. HR 1311. By Representative Maddox of the 172nd: A RESOLUTION recognizing the contributions of American Indians and the work of the Council on American Indian Concerns; and for other purposes. HR 1312. By Representatives Reece of the 27th, Rogers of the 26th and Mills of the 25th: A RESOLUTION expressing regret at the passing of Robert Lee Spriggs; and for other purposes. HR 1313. By Representatives Rogers of the 26th, Benton of the 31st, Mills of the 25th and Reece of the 27th: A RESOLUTION commending Joseph Boggs Corbin; and for other purposes. HR 1314. By Representatives Rogers of the 26th, Benton of the 31st, Mills of the 25th and Reece of the 27th: A RESOLUTION commending Justin Ryan Pugh; and for other purposes. HR 1315. By Representatives Rogers of the 26th, Benton of the 31st, Mills of the 25th and Reece of the 27th: A RESOLUTION commending Mark Andrew Rider; and for other purposes. HR 1316. By Representatives Coleman of the 97th, Chambers of the 81st, Millar of the 79th, Ashe of the 56th and Talton of the 145th: A RESOLUTION commending school counselors and recognizing National School Counseling Week; and for other purposes. HR 1317. By Representatives Sheldon of the 105th and Coleman of the 97th: THURSDAY, FEBRUARY 9, 2006 719 A RESOLUTION commending Mrs. Terrie Greeson for being named School Food Nutrition Manager of the Year; and for other purposes. HR 1318. By Representatives Coleman of the 97th, Heard of the 104th, Sheldon of the 105th, Thomas of the 100th, Coan of the 101st and others: A RESOLUTION commending Gwinnett Medical Center and recognizing February 6, 2006, as "Gwinnett Medical Center Recognition Day"; and for other purposes. HR 1319. By Representatives Stephens of the 164th, Bryant of the 160th, Carter of the 159th, May of the 111th, Bordeaux of the 162nd and others: A RESOLUTION commending Mr. Rodney Musselman; and for other purposes. HR 1320. By Representatives Rogers of the 26th, Benton of the 31st, Mills of the 25th and Reece of the 27th: A RESOLUTION expressing regret at the passing of Eugene Calvin "Gene" Reynolds; and for other purposes. HR 1321. By Representatives Rogers of the 26th, Benton of the 31st, Mills of the 25th and Reece of the 27th: A RESOLUTION commending Alexander K. Corbin; and for other purposes. HR 1322. By Representative Rice of the 51st: A RESOLUTION commending Andrew Robert Sharp on becoming an Eagle Scout; and for other purposes. HR 1323. By Representatives Reece of the 27th, Rogers of the 26th and Mills of the 25th: A RESOLUTION expressing regret at the passing of Richard Lester Shockley; and for other purposes. HR 1324. By Representatives Reece of the 27th, Rogers of the 26th and Mills of the 25th: 720 JOURNAL OF THE HOUSE Expressing regret at the passing of Mr. James W. "Jack" Beachem; and for other purposes. HR 1325. By Representatives Coleman of the 97th, Maxwell of the 17th, Marin of the 96th, Ashe of the 56th, Millar of the 79th and others: Recognizing the 23rd Annual GAE Legislative Conference Day; and for other purposes. HR 1326. By Representatives Heard of the 114th, Kidd of the 115th and Smith of the 113th: Remembering and honoring the life of Mr. Henry Hugh Logan, Sr.; and for other purposes. HR 1327. By Representatives Coleman of the 97th, Casas of the 103rd, Maxwell of the 17th, Ashe of the 56th, Walker of the 107th and others: Commending the Georgia Parent Teacher Association (PTA) on its Centennial Year in 2006 and recognizing "Georgia PTA Day at the Capitol"; and for other purposes. HR 1328. By Representatives Reece of the 27th, Rogers of the 26th and Mills of the 25th: Recognizing Jonny and Brenda Williamson; and for other purpose. HR 1329. By Representatives Reece of the 27th, Rogers of the 26th and Mills of the 25th: Celebrating the life of H. Coleman Morris and offering sincere condolences to his family and friends upon his passing; and for other purposes. HR 1330. By Representatives Reece of the 27th, Rogers of the 26th and Mills of the 25th: Remembering and recognizing the life of Trummie Evans; and for other purposes. HR 1331. By Representatives Reece of the 27th, Rogers of the 26th and Mills of the 25th: Commending Linda Strickland; and for other purposes. THURSDAY, FEBRUARY 9, 2006 721 HR 1332. By Representatives Black of the 174th, Shaw of the 176th and Borders of the 175th: Commending the Lowndes High School Georgia Bridgemen Band; and for other purposes. HR 1333. By Representatives Black of the 174th, Shaw of the 176th and Borders of the 175th: Commending the Lowndes High School Viking football team on winning the AAAAA State Championship; and for other purposes. HR 1334. By Representatives Wilkinson of the 52nd, Burkhalter of the 50th, Martin of the 47th, Jones of the 46th, Willard of the 49th and others: Congratulating Representative Harry Geisinger on being inducted into the Georgia Soccer Hall of Fame; and for other purposes. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Public Safety: HB 465. By Representatives Marin of the 96th, Floyd of the 99th, Day of the 163rd, Coan of the 101st and Heard of the 104th: A BILL to be entitled an Act to amend Code Section 20-2-1180 of the Official Code of Georgia Annotated, relating to loitering upon school premises or within a school safety zone, penalties for violations, required check in of visitors, and posting signs of required check in, so as to change certain provisions relating to failure to leave school premises after being requested to leave; to change certain provisions relating to penalties for violations; to change certain provisions relating to check in requirements; to repeal conflicting laws; and for other purposes. By order of the Committee on Rules, the following Resolution of the House was withdrawn from the General Calendar and recommitted to the Committee on Legislative & Congressional Reapportionment: HR 64. By Representatives Williams of the 4th, Franklin of the 43rd, Scott of the 2nd, Amerson of the 9th, Parsons of the 42nd and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that the House of Representatives shall consist of not more than 180 Representatives apportioned among single-member representative districts of 722 JOURNAL OF THE HOUSE the state; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The following message was received from the Senate through Mr. Ewing, the Assistant Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the House: HR 1041. By Representatives Davis of the 109th, Lunsford of the 110th, Watson of the 91st, Mosby of the 90th, Yates of the 73rd and others: A RESOLUTION honoring the accomplishments of J. T. Williams and dedicating the J. T. Williams Honorary Bridge; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1307. By Representatives Smith of the 113th and Crawford of the 127th: A RESOLUTION recognizing and commending Georgia 4-H, a unit of Cooperative Extension at the University of Georgia College of Agricultural and Environmental Sciences, and inviting Mr. Cody Thomas, Dr. Roger C. (Bo) Ryles, Dr. Scott Angle, Dr. Mel Garber, and the 2005-2006 4H Leadership Team to appear before the House of Representatives; and for other purposes. HR 1335. By Representatives Sims of the 169th, Keen of the 179th, Porter of the 143rd, Ralston of the 7th, Smyre of the 132nd and others: Expressing regret at the passing of Mr. Charles N. "Judy" Poag and inviting his family to appear before the House of Representatives; and for other purposes. Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bills and THURSDAY, FEBRUARY 9, 2006 723 Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 250 Do Pass HB 661 Do Pass, by Substitute HB 972 Do Pass, by Substitute HR 1048 Do Pass, by Substitute Respectfully submitted, /s/ Coleman of the 97th 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 House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 832 Do Pass, by Substitute SB 208 Do Pass Respectfully submitted, /s/ Cooper of the 41st Chairman Representative Walker of the 107th District, Chairman of the Committee on Human Relations and Aging, submitted the following report: Mr. Speaker: Your Committee on Human Relations and Aging has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 1055 Do Pass, by Substitute HR 1056 Do Pass Respectfully submitted, /s/ Walker of the 107th Chairman 724 JOURNAL OF THE HOUSE Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 705 Do Pass, by Substitute HB 955 Do Pass, by Substitute Respectfully submitted, /s/ Willard of the 49th 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 Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1250 Do Pass HR 1259 Do Pass, by Substitute Respectfully submitted, /s/ Barnard of the 166th Chairman Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 560 Do Pass HB 1014 Do Pass, by Substitute HB 1040 Do Pass HB 1157 Do Pass, by Substitute HB 1182 Do Pass HR 1128 Do Pass THURSDAY, FEBRUARY 9, 2006 725 Respectfully submitted, /s/ O'Neal of the 146th Chairman The Speaker announced the House in recess until 5:00 o'clock, 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 o'clock, P.M., Monday, February 13, 2006. 726 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Monday, February 13, 2006 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 E Anderson Ashe Barnard E Barnes Bearden Benton Black Borders Bridges Brooks Brown Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Butler Byrd Carter Casas Chambers Cheokas Coan Cole Coleman, B Cooper Cox Crawford Cummings Day Dickson Dodson Dollar Drenner Dukes Ehrhart England Epps Everson Fleming E Floyd, H Floyd, J Fludd Franklin Freeman Gardner Geisinger Golick Graves, T Greene E Hanner Harbin Heard, J Hembree E Henson Hill, C Holmes Holt Horne Houston Howard, E Hudson Hugley Jackson Jacobs James Jamieson Jenkins Jennings Johnson Jones, J Jones, S Jordan Keen Keown Kidd Knox Lakly Lane, B Lane, R Lewis Lindsey Loudermilk Lucas Lunsford Maddox Mangham Manning Marin Martin May McCall E McClinton Meadows Millar Mills Mitchell Morris Mosby Mosley Mumford Murphy, J Murphy, Q Neal O'Neal Parham Parrish Parsons Porter Powell Ralston Randall Reece, B Reece, S Reese Rice Roberts Rogers Royal Rynders Scheid Scott, A Scott, M Setzler Shaw Sheldon Sims, F Smith, B Smith, L Smith, P Smith, R E Smith, T Smith, V Stanley-Turner Talton Teilhet Thomas, A.M Thomas, B Tumlin Warren Wilkinson Williams, A Williams, E Williams, R Wix Yates Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Beasley-Teague of the 65th, Bordeaux of the 162nd, Channell of the 116th, Coleman of the 144th, Davis of the 109th, Dean of the 59th, Forster of the 3rd, Graves of the 137th, Hatfield of the 177th, Heard of the 114th, Knight of the 126th, Lord of the 142nd, Maxwell of the 17th, Morgan of the 39th, Oliver of the 83rd, Orrock of the 58th, Sailor of the 93rd, Sims of the 169th, Sinkfield of the 60th, Smyre of the 132nd, Stephenson of the 92nd, Walker of the 107th, and Watson of the 91st. MONDAY, FEBRUARY 13, 2006 727 They wish to be recorded as present. Prayer was offered by the Reverend Randy Waters, Statesboro Primitive Baptist Church, Statesboro, 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 1307. By Representatives Loudermilk of the 14th, Martin of the 47th, Lewis of the 15th, Byrd of the 20th, Everson of the 106th and others: A BILL to be entitled an Act to amend Code Section 50-25-6 of the Official Code of Georgia Annotated, relating to the Georgia Register, so as to change certain provisions regarding the method of publishing and the contents of the publication; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Science and Technology. 728 JOURNAL OF THE HOUSE HB 1308. By Representative Brown of the 69th: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia, relating to the care and protection of indigent and elderly patients, so as to change certain provisions relating to the maximum amount of aggregate nursing home provider fees which must be paid; to change certain provisions relating to the assessment, calculation, and payment of quality assessment fees on care management organizations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Human Relations & Aging. HB 1309. By Representatives Manning of the 32nd, Graves of the 137th, Cole of the 125th, Jones of the 44th, Ashe of the 56th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate supporting foster parents in Georgia; to provide for a portion of the revenue to go to The Adoptive and Foster Parent Association of Georgia, Inc.; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1310. By Representatives O`Neal of the 146th, Knight of the 126th, Cole of the 125th, Smith of the 131st and Mosby of the 90th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding revenue and taxation; 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 change certain provisions relating to confidential information; to change certain provisions regarding forms of payment; to change certain provisions regarding extension of time for certain returns; to change certain provisions regarding sales and use tax return allowances; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. MONDAY, FEBRUARY 13, 2006 729 Referred to the Committee on Ways & Means. HB 1311. By Representatives Gardner of the 57th, Wilkinson of the 52nd, Manning of the 32nd, Buckner of the 130th and Orrock of the 58th: A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the O.C.G.A., relating to general provisions concerning insurance, so as to provide that, if coverage is provided for mental health treatment in insurance plans, policies, or contracts, the out-of-pocket limits shall be the same and common as that provided for physical illness; to provide that the annual and lifetime dollar limits for mental health treatment shall be the same and common as that provided for physical illness in small group plans; to provide that money paid by the insured from a health savings account for qualified medical expenses, as recognized in Section 213(d) of the federal Internal Revenue Code, for treatment of mental disorders shall be applied to the deductible under the high deductible health plan; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1312. By Representative Royal of the 171st: A BILL to be entitled an Act to abolish the office of elected county surveyor of Mitchell County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1314. By Representatives Borders of the 175th, Scott of the 153rd, Gardner of the 57th, Ray of the 136th, Hugley of the 133rd and others: A BILL to be entitled an Act to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care facilities, so as to provide a short title; to provide definitions; to require certain reports by hospitals and ambulatory surgical centers concerning hospital acquired infections; to require certain reports by the Department of Human Resources; to provide for an advisory committee and its membership and duties; to provide for sanctions for failure to make reports; to provide for enforcement; to provide for sanctions for violations; to provide for privacy; to provide for publication and availability of such reports; to authorize the department to promulgate rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. 730 JOURNAL OF THE HOUSE Referred to the Committee on Health & Human Services. HB 1315. By Representatives Amerson of the 9th, Reece of the 27th, Stephens of the 164th, Houston of the 170th and Bridges of the 10th: A BILL to be entitled an Act to amend Code Section 3-6-21.1 of the Official Code of Georgia Annotated, relating to licensing of farm wineries to engage in retail and wholesale sales and surety bonds and excise taxes related to such licensing and sales, so as to provide for retail sales and shipments of wine by a farm winery to certain residents of this state who have registered in person with the farm winery and placed an order in person or by telephone call or facsimile transmission; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1316. By Representatives Martin of the 47th, Roberts of the 154th, Watson of the 91st, Burkhalter of the 50th, Parrish of the 156th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the creation of the High School Athletics Overview Committee; to provide for its composition, powers, and duties; to provide for reports; to provide for performance criteria; to provide for expenditure of funds; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1317. By Representatives Carter of the 159th, Stephens of the 164th, May of the 111th, Casas of the 103rd, Bordeaux of the 162nd and others: A BILL to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1318. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of MONDAY, FEBRUARY 13, 2006 731 Corrections, so as to provide authority to place vending machines on the premises of department facilities for the benefit of employees; to provide for employee benefit funds; to change certain provisions relating to the Board and Department of Corrections; to provide definitions; to provide a statement of legislative intent; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. HB 1319. By Representatives Smith of the 70th, Knight of the 126th, Golick of the 34th, Rogers of the 26th and McCall of the 30th: A BILL to be entitled an Act to amend Chapter 23 of Title 50 of the O.C.G.A., relating to the Georgia Environmental Facilities Authority, so as to change certain provisions relating to definitions relative to said article; to change certain provisions relating to purpose, powers, and duties of the authority; to change certain provisions relating to loans to local governments and repayment thereof; to change certain provisions relating to lease agreements; to change certain provisions relating to review of contracts and agreements with local governments by the Environmental Protection Division of the Department of Natural Resources; to repeal certain provisions relating to transfer of employees of the former Office of Energy Resources; to change certain provisions relating to transfer of assets, funds, property, contracts, programs, obligations, and interests of the former Office of Energy Resources; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1320. By Representatives Smith of the 70th, Burkhalter of the 50th, Ralston of the 7th, Willard of the 49th, Rice of the 51st and others: A BILL to be entitled an Act to extensively revise various provisions of the O.C.G.A. relating to littering and related environmental offenses; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1321. By Representatives Burkhalter of the 50th, Rice of the 51st and Willard of the 49th: A BILL to be entitled an Act to incorporate the City of Johns Creek in Fulton County, Georgia; to provide a charter for the City of Johns Creek; to provide for incorporation, boundaries, and powers of the city; to provide for a 732 JOURNAL OF THE HOUSE 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 offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HR 1299. By Representatives Stephens of the 164th, Burmeister of the 119th, Graves of the 137th, Channell of the 116th, Carter of the 159th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may by general law provide a trust fund for the purpose of paying hospitals for unreimbursed trauma care to victims of severe injury or trauma and make all provisions relating to such fund; to provide that the General Assembly may provide for a source of funding specifically designated for such fund, and that such fund shall not be subject to the lapsing provisions of the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Appropriations. HR 1300. By Representatives Murphy of the 120th, Smith of the 129th, Warren of the 122nd, Anderson of the 123rd, Harbin of the 118th and others: A RESOLUTION honoring the life of Henry L. Howard and dedicating the Henry L. Howard Memorial Bridge in his memory; and for other purposes. Referred to the Committee on Transportation. HR 1301. By Representative Scott of the 153rd: A RESOLUTION honoring the life of Harry H. Eason and dedicating the Harry H. Eason Memorial Bridge in his memory; and for other purposes. Referred to the Committee on Transportation. HR 1302. By Representatives Jacobs of the 80th and Millar of the 79th: MONDAY, FEBRUARY 13, 2006 733 A RESOLUTION honoring the life and accomplishments of Stephen J. Schmidt, Sr., and dedicating the Stephen J. Schmidt, Sr., Memorial Highway; and for other purposes. Referred to the Committee on Transportation. HR 1303. By Representatives Jennings of the 82nd, Hembree of the 67th, Lunsford of the 110th and Sims of the 169th: A RESOLUTION urging the Board of Regents of the University System of Georgia and the Georgia Student Finance Commission to ensure that only qualified students receive HOPE scholarships and grants; and for other purposes. Referred to the Committee on Higher Education. HR 1304. By Representatives Jackson of the 161st, Williams of the 89th, Bruce of the 64th, Mosby of the 90th, Bryant of the 160th and others: A RESOLUTION proposing an amendment to the Constitution so as to remove the prohibition of pari-mutuel betting and casino gambling; to authorize dedication of revenue from taxation of pari-mutuel betting, casino gambling, or both; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Appropriations. HR 1305. By Representatives Jackson of the 161st, Williams of the 89th, Bruce of the 64th, Mosby of the 90th, Bryant of the 160th and others: A RESOLUTION creating the House Study Committee on Pari-mutuel Betting and Casino Gambling; and for other purposes. Referred to the Committee on Appropriations. HR 1336. By Representatives Butler of the 18th and Rice of the 51st: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly by general law to provide for the election of Justices of the Supreme Court from districts; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Judiciary. 734 JOURNAL OF THE HOUSE HR 1337. By Representative Crawford of the 127th: A RESOLUTION honoring the life of James G. Crayton, Sr., and dedicating the James G. Crayton, Sr., Memorial Bridge in his memory; and for other purposes. Referred to the Committee on Transportation. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1265 HB 1288 HB 1289 HB 1290 HB 1291 HB 1292 HB 1293 HB 1294 HB 1295 HB 1296 HB 1297 HB 1298 HB 1299 HB 1300 HB 1301 HB 1302 HB 1303 HB 1304 HB 1305 HB 1306 HB 1313 HR 1286 HR 1287 HR 1306 SB 425 SB 468 SB 496 SB 497 Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report: Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 827 Do Pass, by Substitute HB 833 Do Pass, by Substitute HB 1112 Do Pass HR 606 Do Pass, by Substitute SB 399 Do Pass Respectfully submitted, /s/ Scott of the 153rd Chairman MONDAY, FEBRUARY 13, 2006 735 Representative Hembree of the 67th District, Chairman of the Committee on Higher Education, submitted the following report: Mr. Speaker: Your Committee on Higher Education has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HB 343 HB 1287 HR 84 HR 1045 Do Pass Do Pass Do Pass Do Pass HR 1081 Do Pass HR 1082 Do Pass HR 1258 Do Pass Respectfully submitted, /s/ Hembree of the 67th 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 1172 Do Pass HR 1173 Do Pass HR 1307 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1251 HB 1264 HB 1267 HB 1269 Do Pass Do Pass Do Pass Do Pass HB 1270 HB 1271 HB 1277 HR 1272 Do Pass Do Pass Do Pass Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman 736 JOURNAL OF THE HOUSE The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, FEBRUARY 13, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 17th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 959 HB 1054 HB 1106 Mallory's Act; permanently disabled persons; parking permits; amend provisions Controlled substances; certain classes; change provisions Weight of vehicle and load; hauling of construction aggregates; include Modified Open Rule HB 1069 Drivers' licenses; young driver tracking service; provide Modified Structured Rule HB 1096 Pike County; superior courts; change certain terms Structured Rule HB 400 Teachers Retirement; postretirement benefit increase; 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 and Resolution of the House were taken up for consideration and read the third time: HB 1264. By Representatives Heard of the 104th, Cox of the 102nd, Everson of the 106th, Marin of the 96th, Walker of the 107th and others: MONDAY, FEBRUARY 13, 2006 737 A BILL to be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3598), so as to provide for an additional judge for the State Court of Gwinnett County; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1267. By Representatives Manning of the 32nd, Ehrhart of the 36th, Tumlin of the 38th, Parsons of the 42nd, Teilhet of the 40th and others: A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3607), so as to change the compensations 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 report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1269. By Representative Greene of the 149th: A BILL to be entitled an Act to amend an Act creating the Miller County Recreation Authority, approved March 25, 1997 (Ga. L. 1997, p. 3533), so as to provide for the composition, qualifications, terms, and quorums of the authority; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1270. By Representatives Yates of the 73rd and Knight of the 126th: A BILL to be entitled an Act to amend an Act abolishing the fee system as the mode of compensation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, approved March 6, 1962 (Ga. L. 1962, p. 3068), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2561), an Act approved April 5, 1971 (Ga. L. 1971, p. 3108), an Act approved March 30, 1977 (Ga. L. 1977, p. 4238), an Act approved March 13, 1978 (Ga. L. 1978, p. 3196), an Act approved April 11, 1979 (Ga. L. 1979, p. 3452), an Act approved April 6, 738 JOURNAL OF THE HOUSE 1981 (Ga. L. 1981, p. 4129), an Act approved March 21, 1984 (Ga. L. 1984, p. 4534), and an Act approved March 28, 1986 (Ga. L. 1986, p. 5545), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1271. By Representative Jenkins of the 8th: A BILL to be entitled an Act to create a board of elections and registration for Rabun 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 board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for the submission of this Act for approval pursuant to 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1277. By Representative Cheokas of the 134th: A BILL to be entitled an Act to authorize the Magistrate Court of Sumter County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HR 1272. By Representative Sims of the 169th: A RESOLUTION urging the Coffee County Board of Education to establish a scholarship honoring the memory of Clifton Bryce Murray; and for other purposes. MONDAY, FEBRUARY 13, 2006 739 The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills and Resolution. On the passage of the Bills, and on the adoption of the Resolution, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E 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 Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 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, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Y Martin Y Maxwell Y May McCall E McClinton Meadows Y Millar 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 Y Parham Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 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 Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Richardson, Speaker On the passage of the Bills, and on the adoption of the Resolution, the ayes were 152, nays 0. The Bills, having received the requisite constitutional majority, were passed, and the Resolution, having received the requisite constitutional majority, was adopted. 740 JOURNAL OF THE HOUSE Representatives Casas of the 103rd 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. HB 1251. By Representatives Benton of the 31st, England of the 108th, Sheldon of the 105th and Mills of the 25th: A BILL to be entitled an Act to create the Braselton 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 the Town of Braselton, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors 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. On the passage of the Bill, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E 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 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 Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Martin Y Maxwell Y May McCall E McClinton Meadows Millar 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 Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Smith, B 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 Y Thomas, B Y Tumlin MONDAY, FEBRUARY 13, 2006 741 Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Lane, R Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox Y Mangham Manning Y Marin Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders Y Walker Y Warren Y Watson Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 150, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representatives Casas of the 103rd, Lewis of the 15th, 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 recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: HB 713. By Representatives Franklin of the 43rd, Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observations, so as to declare Ronald Reagan Day in Georgia; to make certain legislative observations; to repeal conflicting laws; and for other purposes. HB 784. By Representatives Scheid of the 22nd, Hill of the 21st and Murphy of the 23rd: A BILL to be entitled an Act to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, so as to change the provisions relating to compensation of the chairperson and members; to repeal conflicting laws; and for other purposes. 742 JOURNAL OF THE HOUSE HB 1210. By Representatives Heard of the 114th, Kidd of the 115th and Smith of the 113th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for members of the board of the hospital authority of Clarke County," approved April 6, 1982 (Ga. L. 1982, p. 3705), so as to provide for staggered six-year terms for the members of such authority board; to provide for current membership; to provide for nominations for appointments; to repeal conflicting laws; and for other purposes. SB 450. By Senators Kemp of the 46th, Wiles of the 37th, Seabaugh of the 28th, Mullis of the 53rd, Whitehead, Sr. of the 24th and others: A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts; Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally; Chapter 5 of Title 36 of the O.C.G.A., relating to organization of county government; and Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to revise the pay structure for certain county officers and officials; to revise the minimum salary schedules of pay for sheriffs, tax commissioners, clerks of superior court, and judges of probate court; to provide for longevity pay increases for certain members of county governing authorities; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 465. By Senators Adelman of the 42nd, Smith of the 52nd and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend the O.C.G.A., so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the O.C.G.A. and in Acts of the General Assembly amending the O.C.G.A.; to reenact the statutory portion of the O.C.G.A., as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the O.C.G.A.; to repeal portions of the Code and Acts related thereto which have become obsolete; to delete portions of the Code and Acts related thereto which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide effective dates; to repeal conflicting laws; and for other purposes. SB 466. By Senators Adelman of the 42nd, Smith of the 52nd and Meyer von Bremen of the 12th: MONDAY, FEBRUARY 13, 2006 743 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. SB 467. By Senators Adelman of the 42nd, Smith of the 52nd and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees: SB 450. By Senators Kemp of the 46th, Wiles of the 37th, Seabaugh of the 28th, Mullis of the 53rd, Whitehead, Sr. of the 24th and others: A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts; Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally; Chapter 5 of Title 36 of the O.C.G.A., relating to organization of county government; and Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to revise the pay structure for certain county officers and officials; to revise the minimum salary schedules of pay for sheriffs, tax commissioners, clerks of superior court, and judges of probate court; to provide for longevity pay increases for certain members of county governing authorities; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. 744 JOURNAL OF THE HOUSE SB 465. By Senators Adelman of the 42nd, Smith of the 52nd and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend the O.C.G.A., so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the O.C.G.A. and in Acts of the General Assembly amending the O.C.G.A.; to reenact the statutory portion of the O.C.G.A., as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the O.C.G.A.; to repeal portions of the Code and Acts related thereto which have become obsolete; to delete portions of the Code and Acts related thereto which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 466. By Senators Adelman of the 42nd, Smith of the 52nd and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 467. By Senators Adelman of the 42nd, Smith of the 52nd and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained MONDAY, FEBRUARY 13, 2006 745 in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. The following members were recognized during the period of Morning Orders and addressed the House: Lakly of the 72nd, Williams of the 89th, Stanley-Turner of the 53rd, and May of the 111th. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1172. By Representatives Morgan of the 39th, Wix of the 33rd and Teilhet of the 40th: A RESOLUTION commending the Austell Police Department and inviting Police Chief Bob Starrett and Mayor Joe Jerkins to appear before the House of Representatives; and for other purposes. HR 1173. By Representatives Royal of the 171st, Floyd of the 147th, Houston of the 170th, Rynders of the 152nd, Hanner of the 148th and others: A RESOLUTION commending Georgia High School/High Tech and inviting its members to appear before the House of Representatives; and for other purposes. HR 1307. By Representatives Smith of the 113th and Crawford of the 127th: A RESOLUTION recognizing and commending Georgia 4-H, a unit of Cooperative Extension at the University of Georgia College of Agricultural and Environmental Sciences, and inviting Mr. Cody Thomas, Dr. Roger C. (Bo) Ryles, Dr. Scott Angle, Dr. Mel Garber, and the 2005-2006 4H Leadership Team to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1338. By Representative Meadows of the 5th: 746 JOURNAL OF THE HOUSE A RESOLUTION commending the Calhoun High School baseball team and inviting the Calhoun High School baseball team to appear before the House of Representatives; and for other purposes. HR 1342. By Representatives Buckner of the 76th, Dodson of the 75th, Manning of the 32nd, Barnes of the 78th, Wix of the 33rd and others: A RESOLUTION congratulating Mr. Hines Ward, Jr., on being named the Super Bowl's Most Valuable Player and inviting him to appear before the House of Representatives; and for other purposes. The following Resolution of the House was read: HR 1344. By Representatives Keen of the 179th, Burkhalter of the 50th and Smith of the 129th 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 2006 regular session of the General Assembly for the period of February 14, 2006, through February 28, 2006, shall be as follows: Tuesday, February 14 .................................................in session for legislative day 18 Wednesday, February 15 ............................................in session for legislative day 19 Thursday, February 16 ...............................................in session for legislative day 20 Friday, February 17 ....................................................in adjournment Saturday, February 18 ................................................in adjournment Sunday, February 19...................................................in adjournment Monday, February 20 .................................................in adjournment Tuesday, February 21 .................................................in session for legislative day 21 Wednesday, February 22 ............................................in session for legislative day 22 Thursday, February 23 ...............................................in session for legislative day 23 Friday, February 24 ....................................................in adjournment Saturday, February 25 ................................................in adjournment Sunday, February 26...................................................in adjournment Monday, February 27 .................................................in adjournment Tuesday, February 28 .................................................in session for legislative day 24 BE IT FURTHER RESOLVED that on and after February 28, 2006, the periods of adjournment of the 2006 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2006 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the MONDAY, FEBRUARY 13, 2006 747 close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown 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 Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 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, E Y Hudson Y Hugley 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 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 Maxwell Y May McCall E McClinton Y Meadows Y Millar Y Mills Mitchell Y Morgan Y Morris 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 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 Smith, B 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 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, the ayes were 154, nays 2. The Resolution was adopted. 748 JOURNAL OF THE HOUSE Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1054. By Representatives Stephens of the 164th, Parham of the 141st, Parrish of the 156th, Graves of the 137th and Carter of the 159th: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I controlled substances; to change certain provisions relating to Schedule IV controlled substances; to change certain provisions relating to the definition of the term "dangerous drug"; 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 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 Schedule IV controlled substances; to change certain provisions relating to the definition of the term "dangerous drug"; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended in Code Section 16-13-25, relating to Schedule I controlled substances, by striking subparagraphs (O), (Z), and (SS) of paragraph (3) and inserting in their respective places the following: "(O) Psilocyn (Psilocin);" "(Z) 3, 4-Methylenedioxymethamphetamine (MDMA);" "(SS) MDMA (3, 4 Methylene Dioxymethamphetamine) Reserved;" SECTION 2. Said chapter is further amended in Code Section 16-13-28, relating to Schedule IV controlled substances, by striking paragraph (33) and inserting its place the following: "(33) Zolpidem; (34) Zopiclone, and all salts, isomers, and salts of isomers thereof." SECTION 3. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by striking paragraphs (116.05), (116.1), (193.5), (515), (663.1), and MONDAY, FEBRUARY 13, 2006 749 (663.75) in subsection (b) and inserting in their respective places the following: "(116.05) Buprenorphine Reserved;" "(116.1) Buproprion Bupropion;" "(193.5) Cinacalet Cinacalcet;" "(515) Levallorphan Reserved;" "(663.1) Olmesartain Olmesartan;" "(663.75) Orlistat See exceptions;" SECTION 4. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by inserting new paragraphs in subsection (b) to read as follows: "(13.53) Adalimumab;" "(108.5) Bromfenac;" "(243.5) Deferasirox;" "(332.85) Entecavir;" "(380.6) Exenatide;" "(409.8) Galsulfase;" "(464.7) Iloprost;" "(513.7) Lenalidomide;" "(544.5) Mecasermin;" "(616.05) Micafungin;" "(638.75) Nelarabine;" "(640.1) Nepafenac;" "(681.4) Palifermin;" "(692.51) Pegfilgrastin;" "(692.515) Peginterferon;" "(769.3) Pramlintide;" "(772.5) Pregabalin;" "(831.04) Ramelteon;" "(843.2) Risedronate;" "(966.3) Tigecycline;" "(967.57) Tipranavir;" SECTION 5. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by inserting a new paragraph in subsection (c) to read as follows: "(16.95) Orlistat when a single dosage unit is 60 mg. or less;" SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 750 JOURNAL OF THE HOUSE SECTION 7. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown 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 Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 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 E McClinton Y Meadows Y Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 Y 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 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 164, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. MONDAY, FEBRUARY 13, 2006 751 HB 400. By Representatives Coleman of the 97th, Cummings of the 16th, Bridges of the 10th, Meadows of the 5th, Maddox of the 172nd and others: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits in the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit increase; to provide for applicability; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits in the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit increase; to provide for applicability; to authorize certain county, municipal, or local boards of education to provide a benefit increase; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits in the Teachers Retirement System of Georgia, is amended by inserting immediately following Code Section 47-3-126.3 a new Code section to read as follows: "47-3-126.4. (a) As used in this Code section, the term 'beneficiary' shall have the meaning specified in paragraph (7) of Code Section 47-3-1. (b) Subject to the limitations of subsection (c) of this Code section, effective July 1, 2006, the monthly retirement benefit of each beneficiary shall be increased by a percentage which varies in accordance with the time of retirement as follows: Time of Retirement Percentage Increase Prior to July 1, 1974....................................................................................................10.0 July 1, 1974, through June 30, 1982...........................................................................6.0 July 1, 1982, through June 30, 1987...........................................................................2.0 After June 30, 1987.....................................................................................................0.0 752 JOURNAL OF THE HOUSE (c) The full percentage increase provided for in subsection (b) of this Code section shall apply only to those beneficiaries who had 20 or more years of creditable service at the time of retirement. For those beneficiaries who had at least ten but less than 20 years of creditable service at the time of retirement, the monthly benefit increase provided for by subsection (b) of this Code section shall be reduced by 5 percent for each year less than 20 years of creditable service. Beneficiaries who had less than ten years of creditable service shall not receive an increase in their monthly retirement benefit under this Code section. (d) Any county, municipal, or local board of education is authorized, but not required, to provide a postretirement benefit increase as provided in this Code section to any teacher who retired under a public retirement system or fund maintained by such county, municipal, or local board of education, provided that: (1) The actuary for the fund certifies that such increase would not result in any unfunded accrued liability as to such retirement system; or (2) The affected political subdivision appropriates sufficient funds to cover the actuarial cost of granting such benefit." SECTION 2. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Martin Y Maxwell Y May McCall E McClinton Y Meadows Y Millar Y Mills 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 Y Smith, B Y Smith, L Y Smith, P MONDAY, FEBRUARY 13, 2006 753 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 Everson Y Fleming Y Floyd, H Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, R E 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 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 164, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1096. By Representatives Crawford of the 127th and Willard of the 49th: 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 Pike County in the Griffin Circuit; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C 754 JOURNAL OF THE HOUSE 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 Drenner Dukes Y Ehrhart Y England Y Epps Y Everson 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 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 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 Sims, F Y Sinkfield Y 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 Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1106. By Representatives Graves of the 12th, Channell of the 116th, Loudermilk of the 14th, McCall of the 30th, May of the 111th 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 include the hauling of construction aggregates; 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 Crawford Y Cummings Y Hill, C.A Y Holmes Y Martin Y Maxwell Y Sailor Y Scheid MONDAY, FEBRUARY 13, 2006 755 E Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart England Y Epps Y Everson 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 Holt Y Horne Y Houston Y Howard, E 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 Lunsford Y Maddox Y Mangham Y Manning Y Marin Y May Y McCall E McClinton Y Meadows Y Millar 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 N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y 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 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 Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 159, nays 4. The Bill, having received the requisite constitutional majority, was passed. HB 1069. By Representatives Murphy of the 23rd, Brown of the 69th, Hill of the 21st, Knox of the 24th, Wilkinson of the 52nd 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 establish a young driver tracking service; to provide for methods of tracking young drivers; to provide for use of the tracking service by the courts; to provide for registration of the service with the Department of Driver Services; to provide for insurance deductions for users of the tracking service; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 756 JOURNAL OF THE HOUSE Representative Murphy of the 23rd moved that HB 1069 be placed upon the table. The motion prevailed. HB 959. By Representatives Maddox of the 172nd, Lindsey of the 54th, Fleming of the 117th, O`Neal of the 146th, Roberts of the 154th and others: A BILL to be entitled an Act to amend Code Section 40-6-222 of the Official Code of Georgia Annotated, relating to parking permits for persons with disabilities, so as to change certain provisions relating to permits for permanently disabled persons; to provide for permits issued to permanently disabled minors; to provide a short title; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E 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 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 Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 E 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 E Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A MONDAY, FEBRUARY 13, 2006 757 Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Heard, K Y Heckstall Y Hembree Y Henson E Hill, C Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Rice Y Roberts Y Rogers Royal Y Rynders 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. The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: 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 following Senate amendment was read: The Senate moves to amend HB 246 by inserting after "amend" on line 1 of page 1 the following: "Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, so as to change certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers; to amend". By inserting between lines 6 and 7 of page 1 the following: "SECTION 1. Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, is amended by striking paragraph (11) of subsection (a) and inserting in lieu thereof the following: '(11) Regularly employing the mails or other common carriers to sell, distribute, and deliver a drug which requires a prescription directly to a patient; provided, however, 758 JOURNAL OF THE HOUSE that this provision shall not prohibit the use of the mails or other common carriers to sell, distribute, and deliver a prescription drug directly to an institution or to an enrollee in a health benefits plan of a closed panel health maintenance organization or its affiliates by a pharmacy which is operated by a health maintenance organization and licensed under Code Section 26-4-110. For purposes of this paragraph, the term 'closed panel health maintenance organization' means a health maintenance organization that has an exclusive contract with a medical group practice to provide or arrange for the provision of substantially all physician services to enrollees in health benefit plans of the health maintenance organization;' By redesignating Sections 1 and 2 as Sections 2 and 3, respectively. Representative Graves of the 137th moved that the House disagree to the Senate amendment to HB 246. The motion prevailed. The following Resolutions of the House were read and adopted: HR 1347. By Representatives Stanley-Turner of the 53rd, Watson of the 91st, Henson of the 87th, Richardson of the 19th, Mitchell of the 88th and others: A RESOLUTION expressing regret at the passing of Honorable Porter Sanford, III; and for other purposes. HR 1348. By Representative Willard of the 49th: A RESOLUTION commending the Dunwoody Woman's Club; and for other purposes. HR 1349. By Representative Coleman of the 97th: A RESOLUTION congratulating Ms. Nicole Hughes on being named as a Disney Teacher Award Nominee and commending her on her contributions to education; and for other purposes. HR 1350. By Representatives Coan of the 101st and Heard of the 104th: A RESOLUTION recognizing Mr. Mahlon Burson and commending his more than 26 years of dedicated public service; and for other purposes. HR 1351. By Representatives Smith of the 113th, Kidd of the 115th and Heard of the 114th: MONDAY, FEBRUARY 13, 2006 759 A RESOLUTION expressing regret at the passing of JoeAnn Willoughby Mitchell; and for other purposes. HR 1352. By Representative Coleman of the 97th: A RESOLUTION congratulating Mr. Mark Hillinger on being named as a Disney Teacher Award Nominee and commending him on his contributions to education; and for other purposes. HR 1353. By Representative Carter of the 159th: A RESOLUTION commending Phillip Shaw on becoming an Eagle Scout; and for other purposes. HR 1354. By Representative Coleman of the 97th: A RESOLUTION congratulating Ms. Missy Ramsey on being named as a Disney Teacher Award Nominee and commending her on her contributions to education; and for other purposes. HR 1355. By Representatives Burkhalter of the 50th, Keen of the 179th and Richardson of the 19th: A RESOLUTION commending Mr. John Smoltz for his outstanding contributions to Georgia; and for other purposes. HR 1356. By Representatives Jackson of the 161st, Bordeaux of the 162nd, Carter of the 159th, Bryant of the 160th and Brooks of the 63rd: A RESOLUTION commending and recognizing Reverend Dr. Bennie R. Mitchell, Jr.; and for other purposes. HR 1357. By Representatives Jackson of the 161st, Bordeaux of the 162nd and Sims of the 151st: A RESOLUTION recognizing dental hygienists and Dental Hygienists' Appreciation Day; and for other purposes. HR 1358. By Representatives Martin of the 47th, Amerson of the 9th, Scheid of the 22nd, Lunsford of the 110th, Lewis of the 15th and others: A RESOLUTION recognizing February 15, 2006, as "High Tech Day" in Georgia; and for other purposes. 760 JOURNAL OF THE HOUSE HR 1359. By Representatives Royal of the 171st, Rynders of the 152nd and Houston of the 170th: A RESOLUTION honoring the 150th anniversary of the founding of Colquitt County, Georgia; and for other purposes. HR 1360. By Representatives Hill of the 180th, Parham of the 141st, Lane of the 167th and Keen of the 179th: A RESOLUTION commending Matthew Jenkins on becoming an Eagle Scout; and for other purposes. HR 1361. By Representatives Bearden of the 68th, Richardson of the 19th, Hembree of the 67th, Brooks of the 63rd and Bruce of the 64th: A RESOLUTION expressing regret at the passing of Blake Gammill; and for other purposes. HR 1362. By Representative Buckner of the 76th: A RESOLUTION congratulating Mrs. Lois Doggett Clayborn on the occasion of her 100th birthday; and for other purposes. The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning. TUESDAY, FEBRUARY 14, 2006 761 Representative Hall, Atlanta, Georgia Tuesday, February 14, 2006 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 E Amerson E Anderson Ashe Barnard E Barnes Bearden Benton Bridges Brooks Bruce Bryant Buckner, D Burkhalter Burmeister Burns Byrd Carter Casas Chambers Cheokas Coan Cole E Coleman, B Cooper Crawford Cummings Day Dickson Dodson Drenner Ehrhart England Epps Everson Fleming Floyd, J Forster Franklin Gardner Geisinger Golick 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 Jennings Jones, J Keen Keown Knox Lakly Lane, B Lane, R Lewis Lord Loudermilk Lunsford Maddox Mangham Manning Martin May McCall E McClinton Meadows Millar E Mitchell Mosley Mumford Murphy, J Murphy, Q E Neal O'Neal Parham Parrish Parsons Porter Ralston Ray Reece, B Reece, S Reese Rice Roberts Rogers Royal Rynders Scheid Scott, A Scott, M Setzler Shaw Sims, F Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V E Stanley-Turner Stephens Talton 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 Beasley-Teague of the 65th, Black of the 174th, Bordeaux of the 162nd, Borders of the 175th, Brown of the 69th, Buckner of the 76th, Butler of the 18th, Channell of the 116th, Coleman of the 144th, Cox of the 102nd, Davis of the 109th, Dean of the 59th, Dollar of the 45th, Dukes of the 150th, Floyd of the 99th, Freeman of the 140th, Holmes of the 61st, Houston of the 170th, Jackson of the 161st, James of the 135th, Jones of the 44th, Jordan of the 77th, Knight of the 126th, Lindsey of the 54th, Lucas of the 139th, Marin of the 96th, Maxwell of the 17th, Mills of the 25th, Morgan of the 39th, Morris of the 155th, Mosby of the 90th, Orrock of the 58th, Powell of the 29th, Randall of the 138th, Sheldon of the 105th, Sims of the 169th, Sinkfield of the 60th, 762 JOURNAL OF THE HOUSE Smyre of the 132nd, Stephenson of the 92nd, Teilhet of the 40th, Thomas of the 55th, and Wix of the 33rd. They wish to be recorded as present. Prayer was offered by the Reverend George Moxley, Unity Church of God, Jesup, 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 1322. By Representatives Holt of the 112th, Mumford of the 95th and Lunsford of the 110th: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Covington; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; TUESDAY, FEBRUARY 14, 2006 763 to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1323. By Representatives O`Neal of the 146th, Keen of the 179th, Royal of the 171st and Porter of the 143rd: A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local government, so as to provide for a comprehensive program for the creation of infrastructure development districts; to provide for a short title; to provide for definitions; to provide for the powers, duties, and authority of infrastructure development districts; to provide for a board to administer infrastructure development districts; to provide for appointment or election of members of an infrastructure development district board; to provide for levying taxes, fees, and assessments; to provide for the debt of infrastructure development districts; to provide for general obligation bonds, revenue bonds, notes, and other obligations of infrastructure development districts; to provide for the form of bonds; to provide for consolidation, termination, or dissolution of infrastructure development districts; to provide for related matters; to provide a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1324. By Representatives Fleming of the 117th, Burmeister of the 119th and Harbin of the 118th: A BILL to be entitled an Act to repeal an Act creating a Small Claims Court in and for Columbia County, approved February 28, 1973 (Ga. L. 1973, p. 2032); to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1325. By Representatives Lewis of the 15th, Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th and Wix of the 33rd: 764 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Code Section 46-4-155 of the O.C.G.A., relating to regulation of unbundled services, peaking service, customer services, and interstate capacity assets with regard to the distribution, storage, and sale of gas, so as to provide for definitions; to provide for the requirements upon which the electing distribution company shall include proposed strategic infrastructure assets in the capacity supply and strategic infrastructure plan; to provide for the information that must be filed with any capacity supply and strategic infrastructure plan; to provide that the Public Service Commission shall not in a subsequent proceeding fail to approve any long-term capacity assets and any strategic infrastructure assets which were included in a plan previously approved by the commission; to provide for cost recovery; to provide for legislative findings and declarations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. HB 1326. By Representatives Coan of the 101st, Williams of the 4th, Butler of the 18th, Carter of the 159th, Cox of the 102nd and others: A BILL to be entitled an Act to amend Code Section 34-8-156 of the Official Code of Georgia Annotated, relating to the State-wide Reserve Ratio for unemployment compensation, so as to change certain provisions regarding adjustment in contribution rates; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Industrial Relations. HB 1327. By Representatives Warren of the 122nd, Murphy of the 120th, Burmeister of the 119th, Howard, E. of the 121st and Anderson of the 123rd: A BILL to be entitled an Act to authorize the consolidated government of Augusta, Georgia, to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1328. By Representatives Fleming of the 117th, Burmeister of the 119th and Harbin of the 118th: TUESDAY, FEBRUARY 14, 2006 765 A BILL to be entitled an Act to amend an Act creating the Magistrate Court of Columbia County, approved May 6, 2005 (Ga. L. 2005, p. 3959), so as to change the educational requirements for magistrates; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1329. By Representatives Holt of the 112th, Mumford of the 95th and Lunsford of the 110th: A BILL to be entitled an Act to authorize the City of Covington to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1330. By Representatives Lunsford of the 110th, Lindsey of the 54th, Buckner of the 76th, Mosley of the 178th, Drenner of the 86th and others: A BILL to be entitled an Act to amend Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for the detection or apprehension of perpetrators of felonies, so as to remove certain limitations with respect to the offering of such rewards by the governing authority of a county or municipality; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1331. By Representatives Sheldon of the 105th, Cox of the 102nd, Coleman of the 97th, Brown of the 69th, Roberts of the 154th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to provide that state grant-in-aid funds shall be allotted to certain participating counties based on population; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 1332. By Representative Hanner of the 148th: 766 JOURNAL OF THE HOUSE A BILL to be entitled an Act to provide that the chief magistrate of Terrell County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Magistrate Court of Terrell County; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1333. By Representative Hanner of the 148th: A BILL to be entitled an Act to provide that the judge of the Probate Court of Terrell County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Probate Court of Terrell County; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1334. By Representatives Heard of the 114th, Kidd of the 115th and Smith of the 113th: A BILL to be entitled an Act to authorize Athens-Clarke 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. Referred to the Committee on State Planning & Community Affairs - Local. HB 1335. By Representatives Day of the 163rd, Crawford of the 127th, Amerson of the 9th, Horne of the 71st, Hanner of the 148th and others: A BILL to be entitled an Act to amend Code Section 35-3-34.1 of the O.C.G.A., relating to the circumstances when an exonerated first offender's criminal record may be disclosed, so as to permit state or local law enforcement units to review first offender record information when hiring a law enforcement officer; to amend Code Section 42-8-63.1 of the O.C.G.A., relating to first offender probation discharges that disqualify individuals from employment, so as to permit consideration of such a discharge when employing a law enforcement officer; to change certain provisions relating to the disqualification of individuals from employment based on first offender probation discharge information and the disclosure of exonerated first offender records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 14, 2006 767 Referred to the Committee on Judiciary Non-Civil. HB 1336. By Representatives Lakly of the 72nd and Yates of the 73rd: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, so as to repeal certain provisions relating to payment of taxes where property lies in more than one county; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1337. By Representatives Lunsford of the 110th, Loudermilk of the 14th, Lewis of the 15th, Mosley of the 178th and Davis of the 109th: A BILL to be entitled an Act to amend Article 4 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to limited-access roads, so as to provide authority for the Department of Transportation to lease certain state property for the purpose of commercial development; 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 1338. By Representatives Jacobs of the 80th, Chambers of the 81st, Watson of the 91st, Millar of the 79th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to authorize the county commission to enter into leases and contracts with nonprofit corporations for the use, operation, and maintenance by such nonprofit corporations of parks, playgrounds, golf courses, swimming pools, or other property that has been dedicated to a public use for recreational or park purposes under certain conditions; to provide for related matters; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1339. By Representatives Orrock of the 58th, Jenkins of the 8th, Watson of the 91st, Porter of the 143rd, Bearden of the 68th and others: 768 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require employers to annually report to the commissioner of community health information regarding employees and health care coverage; to provide for definitions; to provide for funds to be paid to the state by employers that do not spend a certain percentage of wages on health care benefits for their employees; to provide for penalties; to provide for powers, duties, and authority of the commissioner of community health; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1340. By Representatives Crawford of the 127th, Ralston of the 7th, Willard of the 49th and Fleming of the 117th: A BILL to be entitled an Act to amend Titles 15 and 17 of the Official Code of Georgia Annotated, relating to courts and criminal procedure, respectively, so as to provide for an indigent defense coordinator, who shall be responsible for reviewing applications for legal defense services; to provide for collection of application fees; to include within the determination of indigency that it shall relate to the federal poverty level; to change certain provisions relating to guidelines for determining indigency; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1341. By Representative Martin of the 47th: A BILL to be entitled an Act to amend an Act to provide for an additional $10,000.00 homestead exemption from certain City of Alpharetta ad valorem taxes for municipal purposes, approved April 23, 1999 (Ga. L. 1999, p. 4836), as amended, so as to increase the exemption amount; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 1339. By Representatives O`Neal of the 146th, Royal of the 171st and Porter of the 143rd: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation TUESDAY, FEBRUARY 14, 2006 769 and comprehensive regulation of infrastructure development districts; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. HR 1340. By Representative Lane of the 167th: A RESOLUTION designating the Interchange of I-95 and U.S. Highway 341 in Glynn County as the Ted McKenzie Interchange; and for other purposes. Referred to the Committee on Transportation. HR 1341. By Representatives Benfield of the 85th, Thomas of the 55th, Smith of the 168th, Sims of the 169th, Holmes of the 61st and others: A RESOLUTION creating the Joint Study Committee on Direct Entry Midwifery; and for other purposes. Referred to the Committee on Health & Human Services. HR 1343. By Representative Hanner of the 148th: A RESOLUTION honoring the life of James M. Cannon, Sr., and dedicating the Leesburg U.S. Highway 19 Bypass in his memory; and for other purposes. Referred to the Committee on Transportation. HR 1345. By Representatives Smith of the 129th, Burkhalter of the 50th, Roberts of the 154th, Sailor of the 93rd, Walker of the 107th and others: A RESOLUTION proposing an amendment to the Constitution, in a manner consistent with the United States Constitution, so as to prevent discrimination in the public funding of social services by allowing religious or faith based organizations to receive public aid, directly or indirectly, for the provision of such services; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Human Relations & Aging. HR 1346. By Representatives Coleman of the 144th, Coleman of the 97th, Dukes of the 150th, Hanner of the 148th, Marin of the 96th and others: 770 JOURNAL OF THE HOUSE A RESOLUTION honoring the memory of George D. Busbee, former Governor of Georgia, and designating the Georgia Public Safety Training Center as the "George D. Busbee Georgia Public Safety Training Center"; and for other purposes. Referred to the Committee on Public Safety. By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee: HB 1348. By Representatives Lucas of the 139th, Randall of the 138th, Graves of the 137th, Freeman of the 140th and Cole of the 125th: A BILL to be entitled an Act to amend an Act entitled "Macon Water Commissioners Pension Plan," approved December 20, 1953 (Ga. L. 1953 November-December Session, p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3946), so as to provide a severance option for persons who terminate membership in such plan; to provide for related matters; 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 and Senate were read the second time: HB 1307 HB 1308 HB 1309 HB 1310 HB 1311 HB 1312 HB 1314 HB 1315 HB 1316 HB 1317 HB 1318 HB 1319 HB 1320 HB 1321 HR 1299 HR 1300 HR 1301 HR 1302 HR 1303 HR 1304 HR 1305 HR 1336 HR 1337 SB 450 SB 465 SB 466 SB 467 Representative McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report: TUESDAY, FEBRUARY 14, 2006 771 Mr. Speaker: Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 983 Do Pass, by Substitute Respectfully submitted, /s/ McCall of the 30th Chairman Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: Mr. Speaker: Your Committee on Judiciary Non-Civil has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1145 Do Pass, by Substitute Respectfully submitted, /s/ Ralston of the 7th Chairman Representative Franklin of the 43rd District, Chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report: Mr. Speaker: Your Committee on Legislative and Congressional Reapportionment has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 64 Do Pass, by Substitute Respectfully submitted, /s/ Franklin of the 43rd Chairman 772 JOURNAL OF THE HOUSE 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 856 HB 1265 HB 1289 HB 1297 Do Pass, by Substitute Do Pass Do Pass Do Pass HB 1298 Do Pass HB 1299 Do Pass HB 1303 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, FEBRUARY 14, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 18th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 661 HB 972 HB 1184 HB 1213 HB 1238 HB 1240 School clubs; local boards provide information to parents; policies and procedures Teacher certification renewal; require test in basic computer skill competency Herty Foundation; change name Poultry; disposal; provide Wire transmission; money; illegal immigrant fee; provide Workers' compensation; certain requirements; provide Modified Open Rule None TUESDAY, FEBRUARY 14, 2006 773 Modified Structured Rule None Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 1265. By Representatives Parsons of the 42nd, Manning of the 32nd, Golick of the 34th, Teilhet of the 40th, 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 May 5, 2005 (Ga. L. 2005, p. 3620), so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1289. By Representative Parrish of the 156th: A BILL to be entitled an Act to create a board of elections and registration for Candler 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 774 JOURNAL OF THE HOUSE of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1297. By Representatives Tumlin of the 38th, Teilhet of the 40th, Parsons of the 42nd, Manning of the 32nd, Johnson of the 37th and others: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, 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. HB 1298. By Representative Hanner of the 148th: A BILL to be entitled an Act to create and establish the Preston-WestonWebster 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 Preston, the City of Weston, and the County of Webster; 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. HB 1299. By Representative Hanner of the 148th: A BILL to be entitled an Act to provide that future elections for the office of TUESDAY, FEBRUARY 14, 2006 775 probate judge of Chattahoochee 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 1303. By Representatives Johnson of the 37th, Ehrhart of the 36th, Manning of the 32nd, Parsons of the 42nd, 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 judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Abdul-Salaam E Amerson E Anderson Y Ashe Y Barnard E Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Bordeaux Borders Y Bridges Y Brooks Brown Y Bruce Bryant Y Buckner, D Buckner, G Burkhalter Y Burmeister Y Crawford Y Cummings Davis Y Day Dean Dickson Y Dodson Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Forster Franklin Y Freeman Y Gardner Y Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Jones, S Y Jordan Y Keen Y Keown Y Kidd Knight Y Martin Y Maxwell Y May McCall E McClinton Y Meadows Y Millar Mills E Mitchell Y Morgan Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q E Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre E Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet 776 JOURNAL OF THE HOUSE Y Burns Y Butler Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas N Coan Y Cole E Coleman, B Coleman, T Cooper Y Cox Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson Y Hill, C Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Lord Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Parsons Y Porter Y Powell Y Ralston Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Yates Richardson, Speaker On the passage of the Bills, the ayes were 127, nays 1. The Bills, having received the requisite constitutional majority, were 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. 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. The following Committee substitute was read and adopted: A BILL 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 provide for TUESDAY, FEBRUARY 14, 2006 777 election and terms of office of subsequent members; to change the manner of electing certain members; 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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), is amended by striking Sections 1 through 3 and inserting in lieu thereof the following: "SECTION 1. The Board of Commissioners of Fayette County which existed on December 31, 2008, is continued in existence but on and after January 1, 2009, shall be constituted as provided in this Act. The Board of Commissioners of Fayette 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, 2009. SECTION 2. (a) Those members of the Board of Commissioners of Fayette County who are serving as such on December 31, 2007, 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, 2009, the Board of Commissioners of Fayette County shall consist of five members. Three of such members shall be elected from commissioner districts described in subsection (b) of this section. Two of such members shall be elected county-wide as described in subsection (d) of this section. (b) For purposes of electing members of the board of commissioners, Fayette County is divided into three commissioner districts. One member of the board shall be elected from each such district. The three commissioner districts shall be and correspond to those three numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: fayccp1-3d Plan Type: Local User: Gina Administrator: Fayette. (c) 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 Fayette County which is not included in any such 778 JOURNAL OF THE HOUSE 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 Fayette 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. (d) Two members of the board shall be at-large members and may reside anywhere within Fayette County. To be elected, each such member must receive the number of votes cast for that office as required by general law in the entire county. At the time of qualifying for election as an at-large member, each candidate for such office shall specify that he or she is a candidate for At-Large Member A or At-Large Member B. Each at-large member must continue to reside within the county during that person's term of office or that office shall become vacant. SECTION 3. (a) 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. (b) In order to be elected or appointed as a member of the board from a commissioner district, a person must have that person's legal residence in that district at the time of qualifying for election or at the time of appointment and, if elected, must receive the number of votes cast as required by general law for that office in that district only and not at large. Only electors who are residents of that commissioner district may 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 person's term of office or that office shall become vacant. (c) The first members of the reconstituted Board of Commissioners of Fayette County shall be elected at the general election on the Tuesday next following the first Monday in November, 2008. The members of the board elected thereto in 2008 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2012, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the time of the statewide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for TUESDAY, FEBRUARY 14, 2006 779 terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (d) 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.' (e) Road Districts 1, 2, and 3, as they exist on December 31, 2008, shall be designated as Commissioner Districts 1, 2, and 3, respectively, but as newly described under this Act, and on and after January 1, 2009, such members of the board serving from those former road districts shall be deemed to be serving from and representing their respective commissioner districts as newly described under this Act. On and after January 1, 2009, members of the board serving from former Road Districts 4 and 5 shall be deemed to be At-Large Member A and At-Large Member B, respectively, serving from and representing the entire county." SECTION 2. The Board of Commissioners of Fayette 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 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purpose of electing members of the board of commissioners in the 2008 elections. For all other purposes, this Act shall become effective January 1, 2009. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. District 001 Fayette County Tract: 1401.01 Tract: 1401.02 Tract: 1402.04 BG: 1 BG: 2 2000 2001 2006 2007 2008 2020 2021 2022 2023 2024 2025 2026 2027 2028 2999 BG: 3 3000 3001 3002 Tract: 1404.03 Tract: 1404.04 780 JOURNAL OF THE HOUSE BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1032 1999 Tract: 1404.05 BG: 2 2006 Tract: 1404.06 Tract: 1404.07 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1025 BG: 2 Tract: 1404.08 BG: 2 2000 2001 2002 2003 2004 District 002 Fayette County Tract: 1402.03 Tract: 1402.04 BG: 2 2002 2003 2004 2005 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2029 2030 2031 2032 2033 2034 2035 2036 BG: 3 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 Tract: 1402.05 Tract: 1402.06 Tract: 1403.03 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 BG: 3 Tract: 1403.04 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3035 3038 Tract: 1403.05 BG: 1 TUESDAY, FEBRUARY 14, 2006 781 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 1033 1034 1997 1998 1999 Tract: 1404.04 BG: 1 1998 District 003 Fayette County Tract: 1403.03 BG: 2 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Tract: 1403.04 BG: 3 3033 3034 3036 3037 Tract: 1403.05 BG: 1 1029 1030 1031 1032 Tract: 1403.06 Tract: 1403.07 Tract: 1404.04 BG: 1 1030 1031 1033 1034 1035 BG: 2 Tract: 1404.05 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Tract: 1404.07 BG: 1 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 Tract: 1404.08 BG: 1 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Tract: 1405.01 Tract: 1405.02 The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. 782 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 E Amerson E Anderson Y Ashe Barnard E Barnes N Bearden Beasley-Teague Benfield N Benton Y Black Bordeaux Y Borders N Bridges Y Brooks Brown Y Bruce Y Bryant Y Buckner, D Buckner, G Burkhalter N Burmeister N Burns N Butler Byrd Y Carter Casas N Chambers Channell Y Cheokas N Coan Cole E Coleman, B Coleman, T Cooper N Cox N Crawford Y Cummings N Davis Y Day Dean Y Dickson N Dodson Dollar Y Drenner Y Dukes Y Ehrhart N England Y Epps N Everson Y Fleming Y Floyd, H N Floyd, J Y Fludd Forster N Franklin N Freeman Y Gardner Y Geisinger Golick Y Graves, D N Graves, T Y Greene Y Hanner N Harbin N Hatfield N Heard, J Y Heard, K Heckstall N Hembree E Henson N Hill, C Y Hill, C.A Y Holmes Holt N Horne N Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Y Johnson N Jones, J Jones, S Y Jordan Y Keen N Keown Y Kidd Knight Y Knox N Lakly Lane, B N Lane, R N Lewis Y Lindsey Lord Loudermilk Lucas Lunsford N Maddox Y Mangham N Manning Y Marin Martin N Maxwell N May N McCall E McClinton N Meadows Y Millar N Mills E Mitchell Y Morgan Morris Mosby Y Mosley Mumford N Murphy, J Y Murphy, Q E Neal Y Oliver Y O'Neal Y Orrock Y Parham Parrish N Parsons Y Porter Y Powell N Ralston Y Randall Ray Y Reece, B Y Reece, S N Reese N Rice N Roberts N Rogers Y Royal N Rynders Sailor Y Scheid Y Scott, A N Scott, M N Setzler Shaw N Sheldon Sims, C Y Sims, F Sinkfield Smith, B N Smith, L N Smith, P N Smith, R Y Smith, T Smith, V Smyre E Stanley-Turner Stephens Y Stephenson N Talton Y Teilhet Thomas, A.M Y Thomas, B N Tumlin Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 71, nays 53. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Beasley-Teague of the 65th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. Representatives Wix of the 33rd and Yates of the 73rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon. TUESDAY, FEBRUARY 14, 2006 783 The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: HB 1186. By Representatives Teilhet of the 40th, Tumlin of the 38th, Johnson of the 37th, Manning of the 32nd, Wix of the 33rd and others: A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3609), so as to change the compensation of the judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1201. By Representatives Tumlin of the 38th, Golick of the 34th, Dollar of the 45th, Wix of the 33rd, Parsons of the 42nd and others: A BILL to be entitled an Act to amend an Act creating a system of public schools for the City of Marietta in the County of Cobb, approved December 29, 1890 (Ga. L. 1890-91, Vol. II, p. 1014), as amended, so as to provide for compensation of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 381. By Senators Harp of the 29th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to provide state flags to honor Georgia public safety officers who are killed in the line of duty or who died following extended service to the public of this state; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 400. By Senators Tolleson of the 20th, Hill of the 4th, Adelman of the 42nd, Kemp of the 46th, Bulloch of the 11th and others: 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 allow the use of properly equipped all-terrain vehicles by law enforcement agencies; to provide for 784 JOURNAL OF THE HOUSE related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 441. By Senators Bulloch of the 11th, Kemp of the 46th, Cagle of the 49th, Stephens of the 27th and Tolleson of the 20th: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, so as to change certain provisions relating to standards and requirements generally; to repeal conflicting laws; and for other purposes. SB 442. By Senators Moody of the 56th, Carter of the 13th, Meyer von Bremen of the 12th, Kemp of the 46th, Weber of the 40th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationship generally, so as to change certain provisions relating to reporting of child abuse; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 447. By Senators Goggans of the 7th, Bulloch of the 11th, Kemp of the 46th, Pearson of the 51st, Henson of the 41st and others: A BILL to be entitled an Act to amend Chapter 8 of Title 2 of the O.C.G.A., the "Georgia Agricultural Commodities Promotion Act," so as to create the Georgia Blueberry Commission; to define certain terms; to provide for membership, appointment, election, terms, and compensation; to provide for powers; to provide for organization; to provide for the receipt, collection, and disbursement of funds; to provide for liability; to provide for marketing orders; to provide for notice and hearing; to provide for publication of a certain report; to provide for the levying and collection of assessments; to provide for the maintenance of records; to provide for compliance; to provide for a penalty; to provide for applicability of the Georgia Administrative Procedure Act; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 453. By Senators Kemp of the 46th, Williams of the 19th, Goggans of the 7th, Zamarripa of the 36th and Smith of the 52nd: A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to require the use of biodiesel fuels in certain vehicles operated by local school districts; to amend Chapter 60 of Title 36 of the TUESDAY, FEBRUARY 14, 2006 785 Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to require the use of biodiesel fuels in certain vehicles operated by local governments; to amend Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state government, so as to require the use of biodiesel fuels in certain vehicles operated by state government; to repeal conflicting laws; and for other purposes The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House: HR 1344. By Representatives Keen of the 179th, Burkhalter of the 50th and Smith of the 129th: A RESOLUTION relative to adjournment; and for other purposes. SR 845. By Senator Whitehead, Sr. of the 24th: A RESOLUTION remembering and honoring the life of Mr. U. H. Pittman, Jr.; and for other purposes. By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees: SB 381. By Senators Harp of the 29th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to provide state flags to honor Georgia public safety officers who are killed in the line of duty or who died following extended service to the public of this state; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. SB 400. By Senators Tolleson of the 20th, Hill of the 4th, Adelman of the 42nd, Kemp of the 46th, Bulloch of the 11th and others: 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 allow the use of properly equipped all-terrain vehicles by law enforcement agencies; to provide for 786 JOURNAL OF THE HOUSE related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. SB 441. By Senators Bulloch of the 11th, Kemp of the 46th, Cagle of the 49th, Stephens of the 27th and Tolleson of the 20th: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, so as to change certain provisions relating to standards and requirements generally; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. SB 442. By Senators Moody of the 56th, Carter of the 13th, Meyer von Bremen of the 12th, Kemp of the 46th, Weber of the 40th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationship generally, so as to change certain provisions relating to reporting of child abuse; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 447. By Senators Goggans of the 7th, Bulloch of the 11th, Kemp of the 46th, Pearson of the 51st, Henson of the 41st and others: A BILL to be entitled an Act to amend Chapter 8 of Title 2 of the O.C.G.A., the "Georgia Agricultural Commodities Promotion Act," so as to create the Georgia Blueberry Commission; to define certain terms; to provide for membership, appointment, election, terms, and compensation; to provide for powers; to provide for organization; to provide for the receipt, collection, and disbursement of funds; to provide for liability; to provide for marketing orders; to provide for notice and hearing; to provide for publication of a certain report; to provide for the levying and collection of assessments; to provide for the maintenance of records; to provide for compliance; to provide for a penalty; to provide for applicability of the Georgia Administrative Procedure Act; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. TUESDAY, FEBRUARY 14, 2006 787 SB 453. By Senators Kemp of the 46th, Williams of the 19th, Goggans of the 7th, Zamarripa of the 36th and Smith of the 52nd: A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to require the use of biodiesel fuels in certain vehicles operated by local school districts; to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to require the use of biodiesel fuels in certain vehicles operated by local governments; to amend Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state government, so as to require the use of biodiesel fuels in certain vehicles operated by state government; to repeal conflicting laws; and for other purposes Referred to the Committee on Agriculture & Consumer Affairs. The following members were recognized during the period of Morning Orders and addressed the House: Lakly of the 72nd, Channell of the 116th, Ralston of the 7th, and Sims of the 169th. The following Resolution of the House was read and referred to the Committee on Rules: HR 1363. By Representative Brown of the 69th: A RESOLUTION inviting Anatoliy Bilyk, Anatoliy Bohutsky, Volodymyr Oleksiyenko, Serhiy Ohorodnyk, Vasyl Kostiuk, and Galyna Kostiuk 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 1363 Do Pass The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1363. By Representative Brown of the 69th: 788 JOURNAL OF THE HOUSE A RESOLUTION inviting Anatoliy Bilyk, Anatoliy Bohutsky, Volodymyr Oleksiyenko, Serhiy Ohorodnyk, Vasyl Kostiuk, and Galyna Kostiuk to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1213. By Representatives McCall of the 30th, Roberts of the 154th, Royal of the 171st, Rogers of the 26th, Powell of the 29th and others: A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to live poultry dealers, brokers, and market operators, so as to provide for disposal of dead poultry in accordance with methods for disposal of dead animals generally; to prohibit certain slaughter of poultry on the premises of dealers, brokers, and sales establishments; 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 E Amerson E 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 Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Carter Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Geisinger Y Golick Y Graves, D Y Graves, T Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver O'Neal Orrock Y Parham Y Parrish Parsons Y Porter Y Powell Y Ralston 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 E Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker TUESDAY, FEBRUARY 14, 2006 789 Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree E Henson Y Hill, C Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Warren Watson 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 158, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Buckner of the 76th, Carter of the 159th, 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 recorded as voting "aye" thereon. Representative Keen of the 179th assumed the chair. HB 1240. By Representatives Coan of the 101st, Butler of the 18th, Knox of the 24th, Horne of the 71st, Cox of the 102nd and others: A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the O.C.G.A., relating to workers compensation, so as to provide that the employer must provide notice to the employee within 60 days of the employee's release to return to work with restrictions or limitations; to provide that an employee must submit charges within one year of the date of incurring mileage expenses or the right to collect such charges shall be deemed to be waived; to increase the maximum death benefit to $150,000.00 for the surviving spouse who is the sole dependent at the time of the employee's death; to require that physicians treating workers compensation claimants comply with provisions against self-referral; to make a conforming amendment to Chapter 1B of Title 43 of the O.C.G.A., relating to patient self-referral; 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 E Amerson E Anderson Crawford Y Cummings Y Davis Y Hill, C.A Y Holmes Y Holt Y Martin Y Maxwell Y May Sailor Y Scheid Y Scott, A 790 JOURNAL OF THE HOUSE Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Day Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree E Henson Y Hill, C Y Horne Y Houston Y Howard, E 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 Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Marin Y McCall E McClinton Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver 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 Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson 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 153, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Carter of the 159th 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 recorded as voting "aye" thereon. Representative Henson of the 87th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 972. By Representatives Casas of the 103rd, Everson of the 106th, Cox of the 102nd and Maxwell of the 17th: A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to provide TUESDAY, FEBRUARY 14, 2006 791 that the Professional Standards Commission shall not require a course in computer skill competency for certification renewal but shall require a test in basic computer skill competency; to provide for certificated personnel to have the opportunity to take a basic computer skill competency test onsite at his or her assigned school; to provide for onsite proctors for the basic computer skill competency test; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to provide for methods for compliance with any requirement of the Professional Standards Commission relating to computer skill competency; to provide for certificated personnel to have the opportunity to take a basic computer skill competency test onsite at his or her assigned school; to provide for onsite proctors for the basic computer skill competency test; 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 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, is amended by striking paragraph (4) of subsection (b) and inserting in lieu thereof the following: "(4) Requirements for certification renewal shall be established to foster ongoing professional learning, enhance student achievement, and verify standards of ethical conduct. Such requirements may include, but are not limited to, professional learning related to school improvement plans or the applicant's field of certification and background checks. Should the Professional Standards Commission include a requirement to demonstrate computer skill competency, the rules and regulations shall provide that a certificated educator may elect to meet the requirement by: (A) Completing a course in computer skill competency, including but not limited to the phase one InTech model training program; or (B) Receiving satisfactory results on a test in basic computer skill competency. If a certificated educator elects to take such test pursuant to this subparagraph, the local school system by which such educator is employed shall make available the opportunity to take the test on site at the school in which the educator is assigned. Each principal shall identify an administrator on site at each school to serve as a proctor for individuals taking the test pursuant to this subparagraph. Individuals holding a valid Georgia life certificate or a valid National Board for Professional Teaching Standards certificate shall be deemed to have met state renewal 792 JOURNAL OF THE HOUSE requirements except those related to 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 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 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 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 Everson 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 Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 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 Mills E 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 Sailor Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker TUESDAY, FEBRUARY 14, 2006 793 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 Wilkinson of the 52nd 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 1184. By Representatives Stephens of the 164th and Bryant of the 160th: A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, so as to change the name of the Herty Foundation; to provide for modifying the purpose for the foundation; to provide for creating a subsidiary corporation for the foundation; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Part 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, so as to change the name of the Herty Foundation; to provide for modifying the purpose for the foundation; to provide for creating a subsidiary corporation for the foundation; to provide for an annual report; 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 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, is amended by striking Code Section 12-6-131, relating to creation of foundation, board of trustees and their terms, and purpose of foundation, and inserting in its place a new Code section to read as follows: "12-6-131. (a) The Herty Foundation Advanced Materials Development Center is created as a body politic and corporate, with perpetual succession of members for the purposes stated in this part, and as such shall have full power and authority to make bylaws for its own governance and rules and regulations for the governance of the directors and employees, to contract with all necessary employees for the successful operation of the foundation center, to bring and defend actions by the name and style aforesaid, and to have and use a common seal. The foundation center generally shall be clothed with all 794 JOURNAL OF THE HOUSE the rights, powers, and privileges incident to corporations and necessary or convenient for carrying out the purposes of their creation. (b) There is created and established a board of trustees for the Herty Foundation Advanced Materials Development Center, to be composed of five members to be appointed by the Governor. Trustees shall be named for five-year terms staggered so that one term will expire each year. Their successors shall be named for five-year terms. (c) The purposes of the foundation are to experiment in pulpwood of all kinds, to discover and determine uses for which the same are adaptable, to conduct research and experimentation with respect to natural and synthetic fibers and materials of all types, to produce and manufacture for others goods and products using such pulpwood, fibers, and materials, and to permit those states, subdivisions, corporations, and individuals who contribute to the maintenance and support of the foundation to share fully and equally in the accomplishments and services of the foundation The purposes of the Herty Advanced Materials Development Center are to conduct research, development, and commercialization with respect to natural and synthetic organic and inorganic materials of all types; to accelerate the commercial availability of newly developed or discovered systems or processes using these materials; and to produce and manufacture for others goods and products using natural or synthetic materials of all types that serve to enhance the economy of the State of Georgia. (d) The foundation center is assigned to the State Forestry Commission for administrative purposes only. (e) The center is authorized to incorporate one or more nonprofit corporations as subsidiary corporations of the center for the purpose of carrying out any of the powers of the center and to accomplish any of the purpose of the center. Any subsidiary corporations created pursuant to this subsection shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filings. Upon dissolution of any subsidiary corporation of the center, any assets shall revert to the center or to any successor to the center or, failing such succession, to the State of Georgia." SECTION 2. Said part is further amended by striking Code Section 12-6-133, relating to the powers of the Herty Foundation, and inserting in its place a new Code section to read as follows: "12-6-133. The foundation center shall have the following powers: (1) To establish and modify from time to time a system of experimentation in pulpwood natural and synthetic materials of all types; (2) To conduct research and experimentation, development, and commercialization with respect to natural and synthetic fibers and materials of all types; to accelerate the commercial availability of newly developed or discovered systems or processes using these materials; and to produce and manufacture for others goods and products using natural and synthetic materials of all types that serve to enhance the economy of the TUESDAY, FEBRUARY 14, 2006 795 State of Georgia and to produce and manufacture for others goods and products using pulpwood and natural or synthetic fibers and materials material; (3) To accept and hold title to the equipment of every kind now being used at Savannah, Georgia, or elsewhere; (4) To acquire and own realty and personal property regardless of where located; and (5) To do generally such acts and things as are found necessary to promote and advance the basic purpose of the foundation center as stated in Code Section 12-6131." SECTION 3. Said part is further amended by striking Code Section 12-6-134, relating to the purpose of the Herty Foundation, acceptance of donations and appropriations, certain duties, and reports, and inserting in its place a new Code section to read as follows: "12-6-134. (a) The Herty Foundation Advanced Materials Development Center is declared to be a public foundation center created, designed, and intended for the purpose of rendering services not only to the citizens of Georgia but, in equal manner and to the same extent, to the citizens of the other states of the South. (b) The foundation center is authorized to accept donations, bequests, and appropriations from this state or any other state or any subdivision thereof or from any individual or corporation. In consideration of such appropriations, the foundation center is empowered to conduct, within the limits of its equipment, experimentation on any pulpwood or natural or synthetic fibers or materials peculiarly beneficial to the various states making such appropriations. (c) The foundation center is required to permit the citizens of those states or subdivisions contributing to the support of the foundation center to visit and go upon the premises, observe the experiments, and in general to exercise and enjoy a full and free privilege at and around experimental stations. (d) The foundation center is directed, after conducting experiments for this state or for other states which contribute to the support of the foundation, to make a full and intelligent report of the results of such experimentation to produce an annual report on its activities and to make such report available upon request." SECTION 4. Said part is further amended by striking Code Section 12-6-135, relating to the appointment of directors from states making financial contribution to the Herty Foundation and effect of cessation of contributions, and inserting in its place a new Code section to read as follows: "12-6-135. If at any time any other state making financial contributions or appropriations to the support of the foundation center desires to be represented on the board of directors, authority is given to the governor of such other state to appoint one citizen of his or her state to become a director of the foundation center, who shall upon being thus 796 JOURNAL OF THE HOUSE appointed have and enjoy the same rights and powers as the five original members, provided that when any state ceases for a period of one year to contribute to the support of the foundation center, the member of the board of directors appointed by such state shall automatically cease to be a member of the board and shall cease to enjoy and exercise the powers of such director." SECTION 5. Said part is further amended by striking Code Section 12-6-136, relating to service of process upon the Herty Foundation, and inserting in its place a new Code section to read as follows: "12-6-136. No process shall be deemed served upon the foundation center by service upon any person other than one of the five trustees provided for in Code Section 12-6-131." SECTION 6. Said part is further amended by striking Code Section 12-6-137, relating to the Herty Foundation's title to property, and inserting in its place a new Code section to read as follows: "12-6-137. The title to the properties of the foundation center shall be vested in the five trustees whose residence shall be in Georgia and their successors in office, the venue to all court actions to be in the State of Georgia, the rules and regulations with reference to the county in which actions may be brought and the proceedings regarding service to be as now provided by law, provided that in the event the foundation center is dissolved, the assets of the foundation center shall revert to the State of Georgia." SECTION 7. Said part is further amended by striking Code Section 12-6-138, relating to the Herty Foundation's support of experimental work, and inserting in its place a new Code section to read as follows: "12-6-138. The board of directors as provided for in Code Section 12-6-132 shall have such authority as they may, in their discretion, require in order to extend support to other individuals or foundations centers in experimental work with pulpwood or natural or synthetic fibers or materials of all kinds." SECTION 8. Said part is further amended by striking Code Section 12-6-139, relating to audit of the Herty Foundation's accounts, and inserting in its place a new Code section to read as follows: "12-6-139. It shall be the duty of the state auditor to audit the books and accounts of the foundation center and to submit such audit to the Governor, who shall notify the members of the TUESDAY, FEBRUARY 14, 2006 797 General Assembly of the availability of the audit in the manner which he or she deems to be most effective and efficient." SECTION 9. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Oliver of the 83rd, Stephens of the 164th, and Bryant of the 160th move to amend the Committee substitute to HB 1184 as follows: Delete the following language on page 1, lines 3 and 4: to provide for creating a subsidiary corporation for the foundation; Delete in its entirety paragraph e, page 2, lines 16-23; 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 Y Barnard E 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 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 Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Geisinger Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Jordan Keen Y Keown Y Kidd Y Knight Y Knox Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Smith, T Y Smith, V Y Smyre E Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M 798 JOURNAL OF THE HOUSE 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 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 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 Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Smith of the 168th 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 1238. By Representatives Rice of the 51st, Mills of the 25th, Ehrhart of the 36th, Hill of the 21st, Coan of the 101st and others: A BILL to be entitled an Act to amend Article 11 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to records and reports of currency transactions, so as to provide for an illegal immigrant fee with respect to money received for wire transmission; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for exceptions; to provide for legislative intent; to prohibit certain conduct to avoid or evade such fee; to provide for criminal penalties; to provide for powers, duties, and authority of the commissioner of banking and finance with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. By unanimous consent, further consideration of HB 1238 was suspended until later in the legislative day. Representative Keen of the 179th announced the House in recess until 1:30 o'clock, this afternoon. TUESDAY, FEBRUARY 14, 2006 799 AFTERNOON SESSION The Speaker called the House to order. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1366. By Representatives Byrd of the 20th, Wilkinson of the 52nd, Reece of the 27th, Horne of the 71st, England of the 108th and others: A RESOLUTION commending Miss Monica Pang on placing as first runnerup in the Miss America Pageant, recognizing "Monica Pang Day," and inviting Miss Pang to appear before the House of Representatives; and for other purposes. HR 1367. By Representative Brown of the 69th: A RESOLUTION congratulating the Bowdon High School Softball Team on winning the Class A State Softball Championship and inviting the team's members and coaches to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read: HR 1368. By Representatives Day of the 163rd, Stephens of the 164th, Bordeaux of the 162nd, Jackson of the 161st, Bryant of the 160th and others: A RESOLUTION congratulating Diana Morrison of Advertising Specialty Services; and for other purposes. HR 1369. By Representatives Parrish of the 156th, Lane of the 158th, Burns of the 157th and Coleman of the 144th: A RESOLUTION commending Ellis Wood and recognizing him as the Statesboro-Bulloch County Chamber of Commerce 2006 Business Leader of the Year; and for other purposes. HR 1370. By Representatives Day of the 163rd, Stephens of the 164th, Bordeaux of the 162nd, Jackson of the 161st, Bryant of the 160th and others: A RESOLUTION congratulating Churchill's Pub; and for other purposes. 800 JOURNAL OF THE HOUSE HR 1371. By Representatives Day of the 163rd, Stephens of the 164th, Bordeaux of the 162nd, Jackson of the 161st, Bryant of the 160th and others: A RESOLUTION congratulating Owens Corning; and for other purposes. HR 1372. By Representatives Day of the 163rd, Stephens of the 164th, Bordeaux of the 162nd, Jackson of the 161st, Bryant of the 160th and others: A RESOLUTION congratulating Helmut Peters; and for other purposes. HR 1373. By Representatives Byrd of the 20th, Scheid of the 22nd, Murphy of the 23rd and Hill of the 21st: A RESOLUTION commending Dr. Scott R. Harden for his heroism; and for other purposes. HR 1374. By Representatives Day of the 163rd, Stephens of the 164th, Bordeaux of the 162nd, Jackson of the 161st, Bryant of the 160th and others: A RESOLUTION congratulating the Weyerhauser Company; and for other purposes. HR 1375. By Representatives Day of the 163rd, Stephens of the 164th, Bordeaux of the 162nd, Jackson of the 161st, Bryant of the 160th and others: A RESOLUTION congratulating CITGO Asphalt Refining Company; and for other purposes. HR 1376. By Representatives Day of the 163rd, Stephens of the 164th, Bordeaux of the 162nd, Jackson of the 161st, Bryant of the 160th and others: A RESOLUTION congratulating Kaneb Terminals & ST Services; and for other purposes. HR 1377. By Representatives Day of the 163rd, Stephens of the 164th, Bordeaux of the 162nd, Jackson of the 161st, Bryant of the 160th and others: A RESOLUTION congratulating Engelhard; and for other purposes. HR 1378. By Representatives Coan of the 101st and Ehrhart of the 36th: A RESOLUTION commending Jon Calvin Swindler; and for other purposes. TUESDAY, FEBRUARY 14, 2006 801 HR 1379. By Representatives Buckner of the 76th, Dodson of the 75th, Barnes of the 78th, Sinkfield of the 60th, Heckstall of the 62nd and others: A RESOLUTION commending the Clayton County Juvenile Court on receiving the American Probation and Parole Association's President's Award for Best Practices; and for other purposes. HR 1380. By Representatives Thomas of the 55th, Sinkfield of the 60th, Dean of the 59th, Stanley-Turner of the 53rd and Brooks of the 63rd: A RESOLUTION commending Reverend Joseph Everhart Boone, a civil rights legend; and for other purposes. HR 1381. By Representatives Smith of the 70th, Cole of the 125th, McCall of the 30th, Smith of the 129th and Floyd of the 147th: A RESOLUTION recognizing February 15, 2006, as "Forestry Day at the Capitol"; and for other purposes. HR 1382. By Representatives Smyre of the 132nd, Smith of the 131st, Buckner of the 130th, Hugley of the 133rd and Smith of the 129th: A RESOLUTION commending Coach Herbert Greene; and for other purposes. HR 1383. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th: A RESOLUTION commending Mr. Marvin Schuster and congratulating him on receiving the 2006 Jim Woodruff Jr. Memorial Award; and for other purposes. HR 1384. By Representatives Smyre of the 132nd, Porter of the 143rd, Watson of the 91st, Hugley of the 133rd and Lucas of the 139th: A RESOLUTION expressing regret at the passing of James Keet Davis, Jr.; and for other purposes. HR 1385. By Representatives Jackson of the 161st, Bryant of the 160th, Stephens of the 164th, Carter of the 159th, Bordeaux of the 162nd and others: A RESOLUTION commending George W. Bowen; and for other purposes. 802 JOURNAL OF THE HOUSE HR 1386. By Representatives Day of the 163rd, Stephens of the 164th, Bordeaux of the 162nd, Jackson of the 161st, Bryant of the 160th and others: A RESOLUTION congratulating Gulfstream Aerospace Savannah; and for other purposes. HR 1387. By Representatives Day of the 163rd, Stephens of the 164th, Bordeaux of the 162nd, Jackson of the 161st, Bryant of the 160th and others: A RESOLUTION recognizing RWP Engineering and Jim Rayburn; and for other purposes. HR 1388. By Representatives Burmeister of the 119th, Harbin of the 118th and Fleming of the 117th: A RESOLUTION recognizing and commending Sconyers Bar-B-Que; and for other purposes. HR 1389. By Representatives Day of the 163rd, Stephens of the 164th, Bordeaux of the 162nd, Jackson of the 161st, Bryant of the 160th and others: A RESOLUTION recognizing The Gary Brand Company and Gary Brand; and for other purposes. HR 1390. By Representatives Day of the 163rd, Stephens of the 164th, Bordeaux of the 162nd, Jackson of the 161st, Bryant of the 160th and others: A RESOLUTION recognizing the Fairmont Restaurant and Pearl and Ron Beaupre; and for other purposes. HR 1391. By Representatives Buckner of the 76th, Benton of the 31st, Reece of the 11th, Smyre of the 132nd, Kidd of the 115th and others: A RESOLUTION commending Georgia's Superior Court Clerks and the Georgia Superior Court Clerks' Cooperative Authority; 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 Crawford Y Cummings Y Davis Y Day Hill, C.A Holmes Y Holt Y Horne Y Martin Y Maxwell Y May Y McCall Sailor Y Scheid Y Scott, A Y Scott, M TUESDAY, FEBRUARY 14, 2006 803 Y Barnard E Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Brooks Brown Bruce Y Bryant Y Buckner, D Buckner, G Burkhalter Burmeister Y Burns Butler Byrd Y Carter Casas Y Chambers Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Dean Y Dickson Y Dodson Y Dollar N Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming 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 Y Heckstall Y Hembree Y Henson Hill, C Y Houston Howard, E Y Hudson Hugley Y Jackson Y Jacobs James Y Jamieson 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 Y Maddox E Mangham Manning Marin E McClinton Y Meadows Y Millar Y Mills E Mitchell Morgan Morris E Mosby E Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver O'Neal Orrock Parham Parrish Parsons Porter Powell Ralston Randall Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Setzler Shaw Y Sheldon Sims, C Y Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Smith, T Y Smith, V Smyre E Stanley-Turner Y Stephens E Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Warren Watson Y Wilkinson E Willard Y Williams, A Williams, E Williams, R Wix Y Yates Richardson, Speaker On the adoption of the Resolutions, the ayes were 107, nays 1. The Resolutions were adopted. Under the general order of business, established by the Committee on Rules, the following Bill of the House, having previously been read, was again taken up for consideration: HB 1238. By Representatives Rice of the 51st, Mills of the 25th, Ehrhart of the 36th, Hill of the 21st, Coan of the 101st and others: A BILL to be entitled an Act to amend Article 11 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to records and reports of currency transactions, so as to provide for an illegal immigrant fee with respect to money received for wire transmission; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for 804 JOURNAL OF THE HOUSE exceptions; to provide for legislative intent; to prohibit certain conduct to avoid or evade such fee; to provide for criminal penalties; to provide for powers, duties, and authority of the commissioner of banking and finance with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Article 11 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to records and reports of currency transactions, so as to provide for an illegal immigrant fee with respect to money received for wire transmission; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for exceptions; to provide for legislative intent; to prohibit certain conduct to avoid or evade such fee; to provide for criminal penalties; to provide for powers, duties, and authority of the commissioner of banking and finance with respect 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. Article 11 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to records and reports of currency transactions, is amended by adding a new Code section immediately following Code Section 7-1-912, to be designated Code Section 7-1-912.1, to read as follows: "7-1-912.1. (a) This Code section shall be known and may be cited as the 'Illegal Immigrant Fee Act.' (b) Any authorized agent of a licensee or any money transmission business which is subject to licensure under Article 4 of this chapter and which receives money for wire transmission shall collect from the customer a fee in the amount of 5 percent of the amount of money being transmitted. Such fee shall not apply to any such transaction upon the customer providing adequate proof of United States citizenship or adequate proof that the customer is legally present in the United States. Such proof shall consist only of a valid identification document that is included on the list of acceptable documents of Employment Eligibility Verification Form I-9 of the federal Department of Homeland Security as proof of lawful presence in the United States. Any identification document issued by a foreign government or a driver's license or identification card issued by any state which, on or after July 1, 2006, authorized such driver's license or identification card to be issued to persons not lawfully present in the United States shall not be accepted as evidence of lawful presence in the United States. (c) The money transmission business shall give the customer a receipt setting forth: TUESDAY, FEBRUARY 14, 2006 805 (1) The date of receipt of the money; (2) The amount of the fee, if applicable; and (3) The amount of the money in dollars and cents. (d) Subject to the general appropriations process, it is the intent of the General Assembly that an amount equal to the amount of funds derived from the fees collected under this Code section shall be utilized for indigent care programs. (e) It shall be unlawful for any person to knowingly and willfully transmit money on behalf of any person in order to avoid or evade the fee required under this Code section. Any person who violates this subsection shall, upon conviction thereof for a first offense, be guilty of a misdemeanor; for a second or subsequent offense, such person shall, upon conviction thereof, be guilty of a misdemeanor of a high and aggravated nature. (f) The commissioner shall provide by rule or regulation for the implementation of this Code section including, but not limited to, any appropriate administrative actions or fines for knowing and willful violations of this Code section." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Lunsford of the 110th moves to amend the Committee substitute to HB 1238 as follows: Page 1 Line 25 after United States or providing that customer provides proof that he/she is paying taxes within this state by providing a current pay stub showing customer name and taxes withheld or current state or federal tax return. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson E Anderson N Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Benfield Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson Y Dodson Y Dollar N Drenner Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E Y Hudson N Hugley N Jackson Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills E Mitchell Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C N Sims, F 806 JOURNAL OF THE HOUSE Y Benton Y Black N Bordeaux N Borders Y Bridges N Brooks Y Brown N Bruce N Bryant N Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox N Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C N Jacobs N James N Jamieson N Jenkins Y Jennings Y Johnson Y Jones, J N 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 N Lucas Y Lunsford Y Maddox E Mangham Y Manning N Marin N Morgan Y Morris N Mosby E Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Parham Y Parrish Y Parsons N Porter N Powell Y Ralston N Randall Y Ray N Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers N Royal Y Rynders N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Smith, T Y Smith, V Smyre E Stanley-Turner Y Stephens Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren Watson Y Wilkinson Y Willard N Williams, A Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the amendment, the ayes were 114, nays 45. The amendment was adopted. The following amendment was read: Representative Hatfield of the 177th et al. move to amend the Committee substitute to HB 1238 as follows: Page 1, line 19: delete "5" and replace with "10". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Abdul-Salaam N Amerson E Anderson N Ashe N Barnard E Barnes N Bearden N Beasley-Teague N Crawford Cummings Y Davis N Day Y Dean N Dickson N Dodson Y Dollar N Hill, C.A N Holmes N Holt N Horne N Houston N Howard, E N Hudson N Hugley Y Martin Y Maxwell Y May N McCall E McClinton N Meadows N Millar N Mills Sailor N Scheid N Scott, A N Scott, M Y Setzler N Shaw Y Sheldon N Sims, C TUESDAY, FEBRUARY 14, 2006 807 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 Y 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 N Coleman, T N Cooper Y Cox N Drenner N Dukes N Ehrhart N England N Epps N Everson Y Fleming N Floyd, H N Floyd, J Fludd N Forster Y Franklin N Freeman N Gardner N Geisinger N Golick N Graves, D Y Graves, T N Greene N Hanner Y Harbin Y Hatfield Heard, J N Heard, K N Heckstall N Hembree N Henson N Hill, C N 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 Y Knight N Knox N Lakly N Lane, B N Lane, R Y Lewis N Lindsey N Lord Y Loudermilk N Lucas Y Lunsford N Maddox E Mangham N Manning N Marin E Mitchell N Morgan N Morris N Mosby E Mosley N Mumford N Murphy, J N Murphy, Q Y Neal N Oliver N O'Neal N Orrock N Parham N Parrish N Parsons N Porter N Powell N Ralston N Randall N Ray N Reece, B Y Reece, S N Reese N Rice N Roberts N Rogers N Royal Y Rynders N Sims, F N Sinkfield N Smith, B N Smith, L N Smith, P N Smith, R N Smith, T N Smith, V Smyre E Stanley-Turner N Stephens N Stephenson N Talton N Teilhet N Thomas, A.M N Thomas, B N Tumlin Y Walker N Warren Watson N Wilkinson N Willard N Williams, A Williams, E N Williams, R N Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 25, nays 138. The amendment was lost. The following amendment was read: Representatives Rice of the 51st and Golick of the 34th move to amend the Committee substitute to HB 1238 as follows: Page 1, line 22: strike "a". Line 23: strike: "document that is" Line 23: after "identification" add: "documentation". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson Y Crawford Cummings Y Hill, C.A N Holmes Y Martin Y Maxwell Sailor Y Scheid 808 JOURNAL OF THE HOUSE E Anderson N Ashe Y Barnard E Barnes Y Bearden N Beasley-Teague Benfield Y Benton Y Black N Bordeaux N Borders Y Bridges N Brooks Y Brown N Bruce Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Davis Y Day N Dean N Dickson Y Dodson Y Dollar N Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Heard, J Y Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Holt Y Horne Y Houston Howard, E Y Hudson N Hugley N Jackson N Jacobs N James Y 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 Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox E Mangham Y Manning N Marin Y May Y McCall E McClinton Y Meadows Y Millar Y Mills E Mitchell N Morgan Y Morris N Mosby E Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall Y Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C N Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre E Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard N Williams, A Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the amendment, the ayes were 123, nays 36. The amendment was adopted. 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 E Anderson N Ashe Y Crawford Y Cummings Y Davis Y Day Y Hill, C.A N Holmes Y Holt Y Horne Y Martin Y Maxwell Y May Y McCall Sailor Y Scheid N Scott, A Y Scott, M TUESDAY, FEBRUARY 14, 2006 809 Y Barnard E Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux N Borders Y Bridges N Brooks Y Brown N Bruce N Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers N Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox N Dean Y Dickson N Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson 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 Y Greene Y Hanner Y Harbin Y Hatfield Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Houston N Howard, E Y Hudson N Hugley N Jackson N Jacobs N James N Jamieson N 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 N Lucas Y Lunsford Y Maddox E Mangham Y Manning N Marin E McClinton Y Meadows Y Millar Y Mills E Mitchell N Morgan Y Morris N Mosby E Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Parham N 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 N Royal Y Rynders Y Setzler N Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre E Stanley-Turner Y Stephens N 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 Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 106, nays 60. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Jenkins of the 8th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. By unanimous consent, HB 661 was postponed until the next legislative day. The following Resolution of the Senate was read and adopted: SR 845. By Senator Whitehead, Sr. of the 24th: A RESOLUTION remembering and honoring the life of Mr. U. H. Pittman, Jr.; and for other purposes. 810 JOURNAL OF THE HOUSE 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 1123 Do Pass HR 1196 Do Pass HR 1298 Do Pass The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1123. By Representatives Reece of the 11th, Coleman of the 97th, Smith of the 13th, Cummings of the 16th and Loudermilk of the 14th: A RESOLUTION commending Coosa High School for winning the Governor's Office of School Achievement 2005 Gold Award and inviting students, teachers, and administrators of the school to appear before the House of Representatives; and for other purposes. HR 1196. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th, Benton of the 31st and Williams of the 4th: A RESOLUTION commending the Riverside Military Academy football team for winning the GISA Class AAA state football championship and inviting its coach and members to appear before the House of Representatives; and for other purposes. HR 1298. By Representatives Meadows of the 5th, Coleman of the 97th, Amerson of the 9th, Dickson of the 6th and Cummings of the 16th: A RESOLUTION commending the Professional Association of Georgia Educators (PAGE) and inviting the Professional Association of Georgia Educators to appear before the House of Representatives and recognizing "PAGE Day on capitol Hill"; and for other purposes. Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. WEDNESDAY, FEBRUARY 15, 2006 811 Representative Hall, Atlanta, Georgia Wednesday, February 15, 2006 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 E Barnes Bearden Benton Black Borders Bridges Brooks Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Butler Chambers Cheokas Cole Coleman, B Cooper Cox Crawford Cummings Davis Day Dickson Dodson Drenner Ehrhart England Fleming Floyd, H Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger Graves, D Greene Hanner Hatfield Heard, J Heard, K Heckstall Hembree E Henson E Hill, C Holt Houston Howard, E Hugley Jacobs James Jamieson Jenkins Jennings Jones, J Jones, S Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lord Loudermilk Lunsford Maddox Mangham Manning Marin Maxwell May McCall E McClinton Meadows Mills E Mitchell Morris Mosby E Mosley Mumford Murphy, J Murphy, Q Neal O'Neal Parrish Parsons Porter Ralston Randall Reece, B Reece, S Reese Rice Roberts Rogers Royal Scheid Scott, M Shaw Sims, F Smith, B Smith, P Smith, R Smith, T Smyre E Stanley-Turner Talton Teilhet Thomas, A.M Thomas, B Tumlin Walker Warren Wilkinson Willard Williams, A Williams, E Williams, R Yates Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Barnard of the 166th, Bordeaux of the 162nd, Burns of the 157th, Byrd of the 20th, Carter of the 159th, Casas of the 103rd, Channell of the 116th, Coleman of the 144th, Dean of the 59th, Dollar of the 45th, Dukes of the 150th, Epps of the 128th, Everson of the 106th, Golick of the 34th, Graves of the 12th, Harbin of the 118th, Hill of the 180th, Horne of the 71st, Hudson of the 124th, Jackson of the 161st, Jordan of the 77th, Lindsey of the 54th, Martin of the 47th, Millar of the 79th, Morgan of the 39th, Oliver of the 83rd, Orrock of the 58th, Parham of the 141st, Ray of the 136th, Rynders of the 152nd, Sailor of the 93rd, Scott of the 153rd, Sims of the 169th, Sinkfield of the 60th, Smith of the 70th, Smith of the 129th, Stephens of the 164th, Stephenson of the 92nd, and Wix of the 33rd. 812 JOURNAL OF THE HOUSE They wish to be recorded as present. The following communication was received: House of Representatives Coverdell Legislative Office Building, Room 501 Atlanta, Georgia, 30334 February 14, 2006 Honorable Robbie Rivers, Clerk Georgia House of Representatives Room 309, State Capitol Atlanta, Georgia 30334 Dear Mr. Rivers: As you know I was excused from the session yesterday due to some minor surgery, I wish to register a "YES" vote on HB 238 for that day. I appreciate your assistance in this matter. Sincerely, /s/ Hinson Hinson Mosley State Representative District 178 Prayer was offered by Dr. Marlin Hotle, Clinton, 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. WEDNESDAY, FEBRUARY 15, 2006 813 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 1342. By Representatives Geisinger of the 48th, Oliver of the 83rd, Lindsey of the 54th, Barnard of the 166th and Epps of the 128th: 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 provide that certain nonprofit organizations may give away certain noncash prizes to advance the purposes of such nonprofit organization; to provide conditions for the giving of such prizes; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1343. By Representatives Hill of the 21st, Scheid of the 22nd, Byrd of the 20th and Murphy of the 23rd: A BILL to be entitled an Act to authorize Cherokee 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. Referred to the Committee on State Planning & Community Affairs - Local. 814 JOURNAL OF THE HOUSE HB 1344. By Representatives Tumlin of the 38th, Setzler of the 35th, Johnson of the 37th, Manning of the 32nd, Golick of the 34th and others: A BILL to be entitled an Act to provide for legislative declarations with respect to all local homestead exemptions for all taxing jurisdictions consisting of or located in Cobb County; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1345. By Representatives Manning of the 32nd, Tumlin of the 38th, Ehrhart of the 36th and Setzler of the 35th: 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, so as to change the provision relating to the term or duration of franchise agreements; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1346. By Representatives Manning of the 32nd, Ehrhart of the 36th, Tumlin of the 38th, Johnson of the 37th and Setzler of the 35th: 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, so as to change the charter provision relating to what shall constitute a quorum; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1347. By Representatives Manning of the 32nd, Tumlin of the 38th, Ehrhart of the 36th, Johnson of the 37th and Setzler of the 35th: 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, so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1349. By Representative Cox of the 102nd: WEDNESDAY, FEBRUARY 15, 2006 815 A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to landlord and tenant, so as to define certain terms; to provide for notice of eviction or termination of lease in leases involving installation spaces for manufactured homes or mobile homes; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1350. By Representative Smith of the 113th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Oconee County, approved April 18, 1917 (Ga. L. 1917, p. 384), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3105), so as to provide for terms for the members of the board of commissioners of Oconee County; to provide for elections; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1351. By Representatives Dickson of the 6th and Meadows of the 5th: A BILL to be entitled an Act to provide a homestead exemption from Murray County school district ad valorem taxes for educational purposes in the amount of $80,000.00 of the assessed value of the homestead for residents of that school district who are at least 70 years of age; 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 1352. By Representative McCall of the 30th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, so as to provide an exemption for certain items used in mining or quarrying operations; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. 816 JOURNAL OF THE HOUSE HB 1353. By Representatives Forster of the 3rd, Smith of the 131st, Crawford of the 127th, Reese of the 98th, O`Neal of the 146th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to enact the "Uniform Environmental Covenants Act"; to provide a short title; to define certain terms; to provide for nature of rights and subordination of interests; to provide for contents of environmental covenants; to provide for validity and effect on other instruments; to provide for relationship to other land use law; to provide for notice; to provide for duration and amendment by court action; to provide for amendment or termination by consent; to provide for enforcement; to provide for registry and substitute notice; to provide for uniformity of application and construction; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1354. By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st: A BILL to be entitled an Act to amend an Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4236), so as to increase the clerical allowance for the tax commissioner; 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 1355. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Smith of the 129th and Buckner of the 130th: A BILL to be entitled an Act to amend Code Section 15-6-61 of the Official Code of Georgia Annotated, relating to duties of clerks generally, use of computerized record-keeping system, and printed copies of the grantor and grantee indices, so as to delete the requirement for certain printed records; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1356. By Representatives Lakly of the 72nd, Crawford of the 127th, Johnson of the 37th and Ralston of the 7th: WEDNESDAY, FEBRUARY 15, 2006 817 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 risk, and reinsurance, so as to change certain provisions regarding title insurance; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1357. By Representatives Stephens of the 164th, Maxwell of the 17th, Parrish of the 156th, Meadows of the 5th, Carter of the 159th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to eliminate redundant language relating to the practice of medicine; to provide for the dispensing of therapeutically equivalent drugs by a pharmacist to a patient for purposes of formulary compliance if approved by the ordering practitioner; to provide for notice to the ordering practitioner of the substitution; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1358. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Jones of the 46th, Benton of the 31st and others: A BILL to be entitled an Act to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights, maximum class size, and reporting requirements under the "Quality Basic Education Act," so as to change certain provisions relating to maximum class size requirements; to provide for legislative intent; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1359. By Representatives Forster of the 3rd, Meadows of the 5th, Knox of the 24th and Harbin of the 118th: 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 Assignment Pool Underwriting Authority; to provide alternative mechanism coverage for the availability of individual health insurance; to provide definitions; to provide for an assignment pool underwriting board; to provide for powers, duties, and authority of the board; to provide for the selection of an administrator or administrators; to provide for the duties of the Commissioner of Insurance 818 JOURNAL OF THE HOUSE with respect to the board and assignment pool; to provide for the establishment of rates; to provide for eligibility for and termination of coverage; to provide for minimum assignment pool benefits; to provide for certain exclusions for preexisting conditions; to provide for funding; to provide for applicability; to provide for related matters; to repeal the Georgia High Risk Health Insurance Plan; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1360. By Representative Jenkins of the 8th: A BILL to be entitled an Act to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions, so as to prohibit operation of certain vessels on Lake Burton, Seed Lake, Lake Rabun, Lake Tugalo, and Tallulah Falls Lake; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HB 1361. By Representatives Martin of the 47th, Royal of the 171st, Graves of the 137th and Wilkinson of the 52nd: A BILL to be entitled an Act to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," so as to change certain definitions; to change certain provisions regarding minimum millage rate requirements; to change certain provisions relative to creation of tax allocation districts; to change certain provisions regarding payments in lieu of taxes to certain political subdivisions; to amend Code Section 48-532.1, relating to certification of assessed taxable value of property and method of computation, so as to make certain conforming changes thereto; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HR 1364. By Representatives Sims of the 169th, Cummings of the 16th, Scheid of the 22nd, O`Neal of the 146th, Williams of the 4th and others: A RESOLUTION urging the United States Secretary of the Army to award the Presidential Unit Citation to the Georgia National Guard 48th Infantry Brigade; and for other purposes. WEDNESDAY, FEBRUARY 15, 2006 819 Referred to the Committee on Defense & Veterans Affairs. HR 1365. By Representatives Smith of the 113th, Lewis of the 15th, Murphy of the 23rd, Forster of the 3rd, Wix of the 33rd and others: A RESOLUTION urging electric utilities to consider building new nuclear power plants in Georgia and the Public Service Commission to take appropriate steps to encourage this policy; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. HR 1392. By Representatives Gardner of the 57th, Watson of the 91st, Henson of the 87th, Jacobs of the 80th, Orrock of the 58th and others: A RESOLUTION urging the State of Georgia to offer programs and education for substance abuse defendants; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HR 1393. By Representatives Murphy of the 120th, Smith of the 129th, Howard, E. of the 121st, Williams of the 165th, Brooks of the 63rd and others: A RESOLUTION honoring the life of Henry L. Howard and dedicating the Henry L. Howard Memorial Interchange in his memory; and for other purposes. Referred to the Committee on Transportation. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1322 HB 1323 HB 1324 HB 1325 HB 1326 HB 1327 HB 1328 HB 1329 HB 1330 HB 1331 HB 1332 HB 1333 HB 1339 HB 1340 HB 1341 HB 1348 HR 1339 HR 1340 HR 1341 HR 1343 HR 1345 HR 1346 SB 381 SB 400 820 JOURNAL OF THE HOUSE HB 1334 HB 1335 HB 1336 HB 1337 HB 1338 SB 441 SB 442 SB 447 SB 453 Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 920 Do Pass HB 1055 Do Pass HB 1241 Do Pass, by Substitute SB 390 Do Pass, by Substitute Respectfully submitted, /s/ Coleman of the 97th Chairman Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 376 Do Pass, by Substitute HB 1195 Do Pass, by Substitute 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: WEDNESDAY, FEBRUARY 15, 2006 821 Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 276 Do Pass, by Substitute HB 363 Do Pass, by Substitute HB 513 Do Pass HB 1236 Do Pass Respectfully submitted, /s/ Rice of the 51st 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 1289 Do Pass Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1012 Do Pass, by Substitute Respectfully submitted, /s/ O'Neal of the 146th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 15, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 19th Legislative Day as enumerated below: DEBATE CALENDAR 822 JOURNAL OF THE HOUSE Open Rule HB 724 HB 955 HR 1226 Sewage management systems; licensed plumbers; allow certain work MARTA; public records relating to fare payment system; exempt from disclosure; provide Georgia Quail Trail; Dept. of Natural Resources; initiate Modified Open Rule None Modified Structured Rule None Structured Rule HB 560 HB 1032 HB 1157 HB 1182 HB 1211 Ad valorem tax; county tax assessors; property valuation appeal; change certain provision Licenses to carry pistol or revolver; temporary renewal permit; provide for restrictions Income tax credit; employers providing retraining programs; change provisions Sales and use tax exemption; certain hall of fame attractions; provisions Southern Appalachian brook trout; official state cold water game fish; designate 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. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: WEDNESDAY, FEBRUARY 15, 2006 823 SB 373. By Senators Douglas of the 17th, Grant of the 25th, Schaefer of the 50th, Staton of the 18th, Williams of the 19th and others: A BILL to be entitled an Act to amend Code Section 40-5-36 of the Official Code of Georgia Annotated, relating to veterans licenses, honorary licenses, and other distinctive licenses, so as to provide for an honorary license for the unremarried surviving spouse or child of certain deceased military persons; to provide for conditions; to repeal conflicting laws; and for other purposes. SB 384. By Senators Hudgens of the 47th and Rogers of the 21st: 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 Interstate Insurance Product Regulation Compact; to help states join together to establish an interstate compact to regulate designated insurance products; to provide for implementation of such compact; to provide for the Interstate Insurance Product Regulation Commission; to provide for organization of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 385. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Code Section 33-11-13 of the Official Code of Georgia Annotated, relating to authorized investments of insurers generally, so as to provide that insurers may invest in the obligations of certain Canadian cities; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 469. By Senators Smith of the 52nd, Meyer von Bremen of the 12th, Harp of the 29th and Reed of the 35th: A BILL to be entitled an Act to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for the updating of provisions relating to corporations, partnerships, and associations; to provide confirmation when an order for relief with respect to a corporation has been entered pursuant to the federal Bankruptcy Code of the power and authority of such corporation to take action pursuant to the decree of order or the court or judge in such bankruptcy proceedings; to provide that a board of directors can commit a corporation to submit a matter for shareholder approval even if the board of directors subsequently determines to recommend against it later; to correct crossreferences; to provide for related matters; to repeal conflicting laws; and for other purposes. 824 JOURNAL OF THE HOUSE HB 1080. By Representatives Golick of the 34th, Roberts of the 154th, Geisinger of the 48th, Freeman of the 140th, Chambers of the 81st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to qualified child and dependent care expenses; 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. HB 1159. By Representatives Amerson of the 9th and Reece of the 27th: A BILL to be entitled an Act to amend an Act creating the Board of Elections and Registration of Lumpkin County, approved June 3, 2003 (Ga. L. 2003, p. 4354), so as to change certain provisions relating to duties of the board; to change certain provisions relating to appointment and terms of office of members; to change certain provisions relating to qualifications of members; to change certain provisions relating to vacancies; to provide for removal of members; to change certain provisions regarding appointment and duties of the election supervisor and chief registrar; 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 373. By Senators Douglas of the 17th, Grant of the 25th, Schaefer of the 50th, Staton of the 18th, Williams of the 19th and others: A BILL to be entitled an Act to amend Code Section 40-5-36 of the Official Code of Georgia Annotated, relating to veterans licenses, honorary licenses, and other distinctive licenses, so as to provide for an honorary license for the unremarried surviving spouse or child of certain deceased military persons; to provide for conditions; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. SB 384. By Senators Hudgens of the 47th and Rogers of the 21st: 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 Interstate Insurance Product Regulation Compact; to help states join together to WEDNESDAY, FEBRUARY 15, 2006 825 establish an interstate compact to regulate designated insurance products; to provide for implementation of such compact; to provide for the Interstate Insurance Product Regulation Commission; to provide for organization of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. SB 385. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Code Section 33-11-13 of the Official Code of Georgia Annotated, relating to authorized investments of insurers generally, so as to provide that insurers may invest in the obligations of certain Canadian cities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. SB 469. By Senators Smith of the 52nd, Meyer von Bremen of the 12th, Harp of the 29th and Reed of the 35th: A BILL to be entitled an Act to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for the updating of provisions relating to corporations, partnerships, and associations; to provide confirmation when an order for relief with respect to a corporation has been entered pursuant to the federal Bankruptcy Code of the power and authority of such corporation to take action pursuant to the decree of order or the court or judge in such bankruptcy proceedings; to provide that a board of directors can commit a corporation to submit a matter for shareholder approval even if the board of directors subsequently determines to recommend against it later; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. The following members were recognized during the period of Morning Orders and addressed the House: Mills of the 25th, Buckner of the 76th, Gardner of the 57th, and Smith of the 70th. The following Resolution of the House was read and referred to the Committee on Rules: 826 JOURNAL OF THE HOUSE HR 1394. By Representative Hembree of the 67th: A RESOLUTION commending Shelley Backstrom, Laura Bailey, Megan Livingston, and Lauren Sproul, winners of the 2006 "What Would You Say?" contest, and inviting them to appear before the House of Representatives; and for other purposes. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1289. By Representatives Kidd of the 115th, Heard of the 114th and Smith of the 113th: A RESOLUTION recognizing and commending Pedro Villegas-Narvez, D.V.M., for his monumental contributions and accomplishments, and inviting him to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 1182. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th, Fleming of the 117th, Smith of the 129th and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption for a limited period of time with respect to certain eligible hall of fame attractions; 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 repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard E Barnes Crawford Y Cummings Y Davis Y Day Dean Y Dickson Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Sailor Y Scheid E Scott, A Y Scott, M Setzler Y Shaw WEDNESDAY, FEBRUARY 15, 2006 827 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 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 Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Epps Everson 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 E Henson Y Hill, C 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 Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Millar Y Mills E 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 Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Stanley-Turner of the 53rd was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1157. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th and Fleming of the 117th: 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 change certain provisions regarding income tax credits for employers providing approved retraining programs; to provide for definitions; 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. 828 JOURNAL OF THE HOUSE The following Committee substitute was read and adopted: A BILL To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to change certain provisions regarding income tax credits for employers providing approved retraining programs; to provide for definitions; 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 repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by striking Code Section 48-7-40.5, relating to tax credits for employers providing approved retraining programs, and inserting in its place a new Code Section 48-7-40.5 to read as follows: "48-7-40.5. (a) As used in this Code section, the term: (1) 'Approved retraining' means employer provided or employer sponsored retraining that meets the following conditions: (A) It enhances the functional skills of employees otherwise unable to function effectively on the job due to skill deficiencies or who would otherwise be displaced because such skill deficiencies would inhibit their utilization of new technology; (B) It is approved and certified by the Department of Technical and Adult Education; and (C) The employer does not require the employee to make any payment for the retraining, either directly or indirectly through use of forfeiture of leave time, vacation time, or other compensable time. (2) 'Cost of retraining' means direct instructional costs as defined by the Department of Technical and Adult Education including instructor salaries, materials, supplies, and textbooks but specifically excluding costs associated with renting or otherwise securing space. (3) 'Employee' means any employee resident in this state who is employed for at least 25 hours a week, who has been continuously employed by the employer for at least 16 consecutive weeks. (4) 'Employer' means any employer upon whom an income tax is imposed by this chapter. (5) 'Employer provided' refers to approved retraining offered on the premises of the employer or on premises approved by the Department of Technical and Adult Education by instructors hired by or employed by an employer. WEDNESDAY, FEBRUARY 15, 2006 829 (6) 'Employer sponsored' refers to a contractual arrangement with a school, university, college, or other instructional facility which offers approved retraining that is paid for by the employer. (7) 'Qualifying airline' means any employer 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. (b) A tax credit shall be granted to an employer who provides or sponsors an approved retraining program. The amount of the tax credit shall be equal to one-half of the costs of retraining per full-time employee, or $500.00 per full-time employee, whichever is less, for each employee who has successfully completed an approved retraining program. No employer may receive a credit if the employer requires that the employee reimburse or pay the employer for the cost of retraining. (c) Any tax credit claimed under this Code section for any taxable year beginning on or after January 1, 1998, but not used for any such taxable year may be carried forward for ten years from the close of the taxable year in which the tax credit was granted. The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to this Code section. (d) To be eligible to claim the credit granted under this Code section, the employer must certify to the department the name of the employee, the course work successfully completed by such employee, the name of the provider of the approved retraining, and such other information as may be required by the department to ensure that credits are only granted to employers who provide or sponsor approved retraining pursuant to this Code section and that such credits are only granted to employers with respect to employees who successfully complete such approved retraining. The department shall adopt rules and regulations and forms to implement this credit program. The department is expressly authorized and directed to work with the Department of Technical and Adult Education to ensure the proper granting of credits pursuant to this Code section. (e) The Department of Technical and Adult Education is expressly authorized and directed to establish such standards as it deems necessary and convenient in approving employer provided and employer sponsored retraining programs. In establishing such standards, the Department of Technical and Adult Education shall establish required hours of classroom instruction, required courses, certification of teachers or instructors, progressive levels of instruction, and standardized measures of employee evaluation to determine successful completion of a course of study. (f) In the case of a qualifying airline: (1) Any tax credits with respect to retraining approved by the Department of Technical and Adult Education on or before December 31, 2005, which have been claimed for a taxable year ending on or before December 31, 2005, and which are available to be carried forward to a taxable year ending on or after December 31, 2005, may be taken as a credit against a qualifying airline's quarterly or monthly 830 JOURNAL OF THE HOUSE payment required to be made under Code Section 48-7-103 on or after January 1, 2006. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayer's election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. Nothing in this subsection shall be construed to allow a credit to be utilized beyond the ten-year period during which a credit may be carried forward under subsection (c) of this Code section; and (2) Each employee whose employer receives credit against such qualifying airline's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. (g) The commissioner shall promulgate such rules and regulations as are necessary to implement and administer this Code section." SECTION 2. This Act shall become effective on July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. 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 Beasley-Teague 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P WEDNESDAY, FEBRUARY 15, 2006 831 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 Everson 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 E Henson Y Hill, C 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 Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, R Y Smith, T Y Smith, V Y Smyre E 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 167, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Stanley-Turner of the 53rd was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 560. By Representatives Martin of the 47th, Jones of the 46th and Geisinger of the 48th: A BILL to be entitled an Act to amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment of taxable property, so as to change certain provisions regarding the circumstances under which county boards of tax assessors can change the valuation of real property established on appeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Crawford Y Cummings Y Hill, C.A Y Holmes Y Martin Y Maxwell Y Sailor Y Scheid 832 JOURNAL OF THE HOUSE E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown 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 Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Epps Y Everson 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 E Henson Y Hill, C Y Holt Y Horne Y Houston Y Howard, E 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 May Y McCall E McClinton Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Y Orrock 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 Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner 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, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Stanley-Turner of the 53rd was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 724. By Representative McCall of the 30th: A BILL to be entitled an Act to amend Code Section 31-2-7 of the Official Code of Georgia Annotated, relating to standards for sewage management systems, so as to provide that such Code section does not restrict certain work of a plumber licensed by the Construction Industry Licensing Board; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 15, 2006 833 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 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 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 Everson 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 E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 E McClinton Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner 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, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Stanley-Turner of the 53rd was excused on the preceding roll call. she wished to be recorded as voting "aye" thereon. Representative Abdul-Salaam of the 74th stated that she had been called from the 834 JOURNAL OF THE HOUSE floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HR 1226. By Representatives Lane of the 158th, Stephens of the 164th, Burns of the 157th, Ehrhart of the 36th, Parrish of the 156th and others: A RESOLUTION authorizing and directing the Department of Natural Resources to initiate a "Georgia Quail Trail" and creating the Georgia Quail Trail Advisory Council; 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 Y 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 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 Epps Y Everson 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 E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Y McCall E McClinton Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner 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 WEDNESDAY, FEBRUARY 15, 2006 835 On the adoption of the Resolution, the ayes were 169, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. Representative Stanley-Turner of the 53rd was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1032. By Representatives Lunsford of the 110th, Ralston of the 7th, Forster of the 3rd, England of the 108th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide for certain restrictions on the issuance of such permit; to provide for a background check for permit renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; 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 Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide that any person who is prohibited from possessing firearms pursuant to federal law may not be issued such a permit; to provide for a background check using the Federal Bureau of Investigation's National Instant Criminal Background Check System for permit issuances and renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, is amended by striking in their entirety subsections (a) through (d) and inserting in lieu thereof the following: "(a) Application for license or renewal license; term. The judge of the probate court of each county may, on application under oath and on payment of a fee of $15.00, issue a license or renewal license valid for a period of five years to any person whose domicile is in that county or who is on active duty with the United States armed forces and who is not a domiciliary of this state but who either resides in that county or on a military reservation located in whole or in part in that county at the time of such application, 836 JOURNAL OF THE HOUSE which license or renewal license shall authorize that person to carry any pistol or revolver in any county of this state notwithstanding any change in that person's county of residence or state of domicile. Applicants shall submit the application for a license or renewal license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license or renewal license. An applicant who is not a United States citizen shall provide sufficient personal identifying data, including without limitation his or her place of birth and United States issued alien or admission number, as the Georgia Bureau of Investigation may prescribe by rule or regulation. An applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section, including citizenship, but shall not require data which is nonpertinent or irrelevant such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within the state at no cost. (b) Licensing exceptions. No license or renewal license shall be granted to: (1) Any person who is prohibited from possessing firearms pursuant to 18 U.S.C. Section 922; (1.1) Any person under 21 years of age; (2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated; (3) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation or any person who has been convicted of a forcible misdemeanor and has not been free of all restraint or supervision in connection therewith for at least five years or any person who has been convicted of a violation of Code Section 1611-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application; (4) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his or her application. The probate judge may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether a license to carry a pistol or revolver should be issued. When such a waiver is required by the probate judge, the applicant shall pay to the probate judge WEDNESDAY, FEBRUARY 15, 2006 837 a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Human Resources, which the probate judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the license or renewal license; or (5)(A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug. (B) As used in this paragraph, the term: (i) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (ii) 'Convicted' means a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief. (iii) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71. (c) Fingerprinting. (1) Following completion of the application for a license or the renewal of a license, the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county with the completed application. The appropriate local law enforcement agency in each county shall then make two sets of classifiable capture the fingerprints of the applicant for a license or renewal license to carry a pistol or revolver, place the fingerprint required by subsection (f) of this Code section on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court, and place the name of the applicant on the blank license form. The law enforcement agency shall be entitled to a fee of $5.00 from the applicant for its services in connection with the application. (2) In the case of each applicant who is applying for a license under this Code section for the first time, the judge of the probate court shall direct the law enforcement agency to transmit one set of the applicant's fingerprints to the Georgia Crime Information Center for a search of the Federal Bureau of Investigation records and an appropriate report. In such cases, the applicant shall submit an additional fee in an amount established by the Georgia Bureau of Investigation but not to exceed $30.00 for a search of records of the Federal Bureau of Investigation and an appropriate report, payable in such form as the judge may direct, to cover the cost of the records search. (3) Applications for renewal of licenses issued under this Code section shall be made to the judge of the probate court of the county in which the applicant is domiciled or, 838 JOURNAL OF THE HOUSE if the applicant is a member of the United States armed forces, the county in which he or she resides or in which the military reservation on which the applicant resides is located in whole or in part at the time of making the renewal application. In the case of an applicant for a renewal of a license, the judge of the probate court may, in his or her discretion, direct that the local county law enforcement agency request a search of the criminal history file and wanted persons file of the Georgia Crime Information Center by computer access from that county in lieu of transmitting the application and forms. (d) Investigation of applicant; issuance of license; renewal. Each law enforcement agency, upon receiving such applications and obtaining such fingerprints, shall promptly conduct a thorough search of its records and records to which it has access and (1) For both license applications and requests for license renewals, the judge of the probate court shall direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court. Fingerprints shall be in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation. The Georgia Bureau of Investigation may charge such fee as is necessary to cover the cost of the records search. (2) For both license applications and requests for license renewals, the judge of the probate court shall also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigation's National Instant Criminal Background Check System and return an appropriate report to the probate judge. (3) When a person who is not a United States citizen applies for a license or renewal of a license under this Code section, the judge of the probate court shall direct the law enforcement agency to conduct a search of the records maintained by the United States Bureau of Immigration and Customs Enforcement. As a condition to the issuance of a license or the renewal of a license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). (4) The law enforcement agency shall notify the judge of the probate court within 50 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than 60 days after the date of the application the judge of the probate court shall issue the applicant a license or renewal license to carry any pistol or revolver if no facts establishing ineligibility have been reported and if the judge determines the applicant has met all the qualifications, is of good WEDNESDAY, FEBRUARY 15, 2006 839 moral character, and has complied with all the requirements contained in this Code section." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 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 Mills E Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner 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 1. 840 JOURNAL OF THE HOUSE The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Stanley-Turner of the 53rd was excused on the preceding roll call. She 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 "aye" thereon. HB 1211. By Representatives Reese of the 98th, Lane of the 158th, Ralston of the 7th, Holt of the 112th, Crawford of the 127th 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 the Southern Appalachian brook trout as the official state cold water game fish; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, 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 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 Y Burmeister Y Burns Y Butler Y Byrd 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 Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May Y McCall E McClinton Meadows Millar Y Mills E 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 Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Thomas, B Y Tumlin WEDNESDAY, FEBRUARY 15, 2006 841 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 Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree E Henson Y Hill, C Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Walker Y Warren 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 161, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative Stanley-Turner of the 53rd was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 955. By Representatives Geisinger of the 48th, Chambers of the 81st, Millar of the 79th and Lindsey of the 54th: A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempt from disclosure, so as to add an exemption for records of the Metropolitan Atlanta Rapid Transit Authority relating to the development and implementation of the TransCard or SmartCard fare payment 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 Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempt from disclosure, so as to add an exemption for records of the Metropolitan Atlanta Rapid Transit Authority relating to the personal information of persons who have purchased cards under the TransCard or SmartCard fare payment 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. 842 JOURNAL OF THE HOUSE Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempt from disclosure, is amended by striking paragraphs (18) and (19) of subsection (a) and inserting in place thereof the following: "(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 user's name; or (19) 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.; or (20) Records of the Metropolitan Atlanta Rapid Transit Authority which would reveal the financial records or travel history of any individual who is a purchaser of a TransCard or SmartCard or similar fare medium. 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 user's name." 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 E Anderson Y Crawford Y Cummings Y Davis Y Hill, C.A Y Holmes Y Holt Y Martin Y Maxwell Y May Y Sailor Y Scheid Y Scott, A WEDNESDAY, FEBRUARY 15, 2006 843 Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown 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 Coleman, B Y Coleman, T Y Cooper Y Cox Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart England Y Epps Y Everson 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 E Henson Y Hill, C Y Horne Y Houston Y Howard, E 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 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 McCall E McClinton Y Meadows Y Millar Y Mills E 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 Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner 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 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Stanley-Turner of the 53rd was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. The following Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time: HB 661. By Representatives Reese of the 98th, Burmeister of the 119th, Burkhalter of the 50th, Brooks of the 63rd, Cummings of the 16th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, 844 JOURNAL OF THE HOUSE so as to provide for adoption of policies and procedures by local boards of education to provide information regarding school clubs and organizations to parents and legal guardians and to provide an opportunity to withhold permission to participate; to provide for legislative intent; to provide for definitions; to provide for annual notification by local school systems to parents and legal guardians; to require annual written parental or legal guardian permission for membership or participation in a school club or organization; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for adoption of policies and procedures by local boards of education to provide information regarding school clubs and organizations to parents and legal guardians and to provide an opportunity to withhold permission to participate; to provide for legislative intent; to provide for definitions; to provide for annual notification by local school systems to parents and legal guardians to withhold permission; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Article 16, relating to students, by inserting a new part to be designated Part 5 to read as follows: "Part 5 20-2-785. (a) The General Assembly finds that increased participation and support of parents in their children's schools is critical to the achievement of students and success of the schools. Parental involvement is also one of the major tenets of the federal Elementary and Secondary Education Act, as amended by the No Child Left Behind Act of 2001 (P. L. 107-110), which encourages participation of parents in regular, two-way, and meaningful communication involving student academic learning and other school activities. Therefore, it is the intent of the General Assembly that parents should be actively encouraged to be involved in their children's learning and school activities. (b) As used in this Code section, the term: WEDNESDAY, FEBRUARY 15, 2006 845 (1) 'Clubs and organizations' means clubs and organizations comprised of students who wish to organize and meet for common goals, objectives, or purposes and which is directly under the sponsorship, direction, and control of the school. This term shall include any activities reasonably related to such clubs and organizations, but shall not include competitive interscholastic activities or events. (2) 'Competitive interscholastic activity' means functions held under the auspices or sponsorship of a school that involves its students in competition between individuals or groups representing two or more schools. This term shall include cheerleading, band, and chorus. (c) Each local board of education shall adopt policies and procedures for notifying parents or legal guardians of students regarding school clubs and organizations and for providing an opportunity for parents or legal guardians to withhold permission for a child to join or participate in clubs and organizations. (d) An annual notification utilizing the student handbook or other appropriate method regarding school clubs and organizations shall include without limitation the name of the club or organization, mission or purpose of the club or organization, name of the club's or organization's faculty advisor, and a description of past or planned activities. Similar notification shall also be provided for clubs and organizations created or started during the school year." 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: N Abdul-Salaam Y Amerson E Anderson N Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar N Drenner Y Dukes Y Ehrhart Y England Y Epps Y Hill, C.A N Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley N Jackson N Jacobs Y James Y Jamieson N Jenkins Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills E Mitchell N Morgan Y Morris N Mosby Y Mosley Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Smith, P 846 JOURNAL OF THE HOUSE Y Bridges Y Brooks Y Brown N Bruce Y Bryant E Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas N Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Everson Y Fleming Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree N Henson Hill, C 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 N Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 143, nays 25. The Bill, having received the requisite constitutional majority, was passed, by substitute. The following Resolutions of the House were read and adopted: HR 1400. By Representatives Davis of the 109th and Lunsford of the 110th: A RESOLUTION commending City of McDonough mayor, Richard Craig; and for other purposes. HR 1401. By Representatives Manning of the 32nd, Tumlin of the 38th, Cooper of the 41st, Johnson of the 37th, Parsons of the 42nd and others: A RESOLUTION remembering Natalie Tumlin and her contributions to the advocacy movement for people with disabilities; recognizing the contributions of direct support professionals in supporting people with disabilities to live, work, and participate in their communities; and for other purposes. HR 1402. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: WEDNESDAY, FEBRUARY 15, 2006 847 A RESOLUTION recognizing and commending Jill Geary for outstanding contributions to education in the State of Georgia; and for other purposes. HR 1403. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A RESOLUTION recognizing and commending Penny Thompson for outstanding contributions to education in the State of Georgia; and for other purposes. HR 1404. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A RESOLUTION recognizing and commending Angela Davis for outstanding contributions to education in the State of Georgia; and for other purposes. HR 1405. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A RESOLUTION recognizing and commending Susan Roberson for outstanding contributions to education in the State of Georgia; and for other purposes. HR 1406. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A RESOLUTION recognizing and commending Selena Robinson for outstanding contributions to education in the State of Georgia; and for other purposes. HR 1407. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A RESOLUTION recognizing and commending Victoria Beeler for outstanding contributions to education in the State of Georgia; and for other purposes. HR 1408. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A RESOLUTION recognizing and commending Amy Lueken for outstanding contributions to education in the State of Georgia; and for other purposes. 848 JOURNAL OF THE HOUSE HR 1409. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A RESOLUTION recognizing and commending Mary Kay Hayes for outstanding contributions to education in the State of Georgia; and for other purposes. HR 1410. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A RESOLUTION recognizing and commending JudyAnne Terry for outstanding contributions to education in the State of Georgia; and for other purposes. HR 1411. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A RESOLUTION recognizing and commending Bonnie Stewart for outstanding contributions to education in the State of Georgia; and for other purposes. HR 1412. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A RESOLUTION commending the class of Leadership Glynn 2005; and for other purposes. HR 1413. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A RESOLUTION recognizing and commending Marion Cherne for outstanding contributions to education in the State of Georgia; and for other purposes. HR 1414. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A RESOLUTION recognizing and commending Emily (Mimi) Revels for outstanding contributions to education in the State of Georgia; and for other purposes. HR 1415. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: WEDNESDAY, FEBRUARY 15, 2006 849 A RESOLUTION recognizing and commending Sally Mitchell for outstanding contributions to education in the State of Georgia; and for other purposes. HR 1416. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A RESOLUTION recognizing and commending Melissa Daniell for outstanding contributions to education in the State of Georgia; and for other purposes. HR 1417. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A RESOLUTION recognizing and commending Tamalyn Barber for outstanding contributions to education in the State of Georgia; and for other purposes. HR 1418. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A RESOLUTION recognizing and commending Alice Whitney for outstanding contributions to education in the State of Georgia; and for other purposes. HR 1419. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A RESOLUTION recognizing and commending Pamela Parker for outstanding contributions to education in the State of Georgia; and for other purposes. HR 1420. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A RESOLUTION recognizing and commending Anne-Marie Jones for outstanding contributions to education in the State of Georgia; and for other purposes. HR 1421. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: 850 JOURNAL OF THE HOUSE A RESOLUTION recognizing and commending Christina Carone for outstanding contributions to education in the State of Georgia; and for other purposes. HR 1422. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A RESOLUTION recognizing and commending Ellen Dawson for outstanding contributions to education in the State of Georgia; and for other purposes. HR 1423. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A RESOLUTION recognizing and commending Mimi Mayberry-White for outstanding contributions to education in the State of Georgia; and for other purposes. HR 1424. By Representatives Lucas of the 139th, Randall of the 138th, Ehrhart of the 36th, Porter of the 143rd, Benfield of the 85th and others: A RESOLUTION honoring legendary impresario Phil Walden of Macon; and for other purposes. HR 1425. By Representatives Wilkinson of the 52nd, Yates of the 73rd, Porter of the 143rd, Reece of the 27th, Cole of the 125th and others: A RESOLUTION recognizing and commending the United States Organization on its 65th anniversary; and for other purposes. HR 1426. By Representative Hembree of the 67th: A RESOLUTION commending the Georgia Foundation for Independent Colleges, Incorporated on its 50th anniversary; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1427. By Representatives Lucas of the 139th, Graves of the 137th, Randall of the 138th, Ray of the 136th and Freeman of the 140th: A RESOLUTION welcoming citizens and public officials from Macon and Bibb County, recognizing the 2006 Cherry Blossom Festival, and inviting the WEDNESDAY, FEBRUARY 15, 2006 851 mayor of the City of Macon, the chairperson of the Board of Commissioners of Bibb County, the chairperson of the Keep Macon-Bibb Beautiful Commission, and representatives from the International Cherry Blossom Festival to appear before this body; and for other purposes. HR 1428. By Representatives Smith of the 113th, Kidd of the 115th, Heard of the 114th, Martin of the 47th, Burkhalter of the 50th and others: A RESOLUTION commending the University of Georgia Women's Swimming Team on winning the 2005 NCAA National Championship and inviting its coaches and members to appear before the House of Representatives; and for other purposes. HR 1429. By Representatives Smith of the 113th, Kidd of the 115th, Heard of the 114th, Martin of the 47th, Burkhalter of the 50th and others: A RESOLUTION commending the University of Georgia Football Team on winning the 2005 Southeastern conference Championship and inviting the team's coaches and players to appear before the House of Representatives; and for other purposes. HR 1430. By Representatives Smith of the 113th, Kidd of the 115th, Heard of the 114th, Martin of the 47th, Burkhalter of the 50th and others: A RESOLUTION commending the University of Georgia Men's Golf Team for winning the 2005 NCAA championship and inviting the coaches and players to appear before the House of Representatives; and for other purposes. HR 1431. By Representatives Smith of the 113th, Kidd of the 115th, Heard of the 114th, Martin of the 47th, Burkhalter of the 50th and others: A RESOLUTION commending the University of Georgia Gymnastics Team on winning the 2005 NCAA National Championship and inviting its coaches and members to appear before the House of Representatives; and for other purposes. The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning. 852 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Thursday, February 16, 2006 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 E Anderson Ashe Barnard Bearden Benton Black Borders Brooks Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Butler Carter Casas Chambers Cheokas Cole Cooper Cox Crawford Davis Dickson Dodson Drenner Dukes Ehrhart England Everson Fleming Floyd, J Fludd Franklin Freeman Geisinger Graves, D Graves, T Greene Hanner Hatfield Heard, J Heard, K Hembree Hill, C Holmes Houston Hugley Jacobs James Jamieson Jenkins Jennings Johnson Jones, J Jones, S Keen Keown Kidd Knight Lakly Lane, R Lewis Lord Loudermilk E Lunsford Maddox Mangham Manning Marin Martin Maxwell May E McClinton Meadows Mills E Mitchell Mosby Mosley Murphy, J Murphy, Q Neal Oliver O'Neal Parrish Parsons Porter Ralston Randall Ray Reece, B Reece, S Rice Roberts Rogers Royal Rynders Scheid Scott, A Scott, M E Setzler Shaw Sheldon Sims, F Smith, L Smith, P Smith, R Smith, T Smith, V Stephens Stephenson Talton Teilhet Thomas, A.M Thomas, B Warren 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, Barnes of the 78th, Beasley-Teague of the 65th, Benfield of the 85th, Bordeaux of the 162nd, Brown of the 69th, Channell of the 116th, Coleman of the 97th, Dean of the 59th, Dollar of the 45th, Floyd of the 99th, Forster of the 3rd, Gardner of the 57th, Golick of the 34th, Harbin of the 118th, Henson of the 87th, Hill of the 180th, Holt of the 112th, Howard of the 121st, Hudson of the 124th, Jackson of the 161st, Jordan of the 77th, Knox of the 24th, Lane of the 158th, Lindsey of the 54th, Lucas of the 139th, McCall of the 30th, Millar of the 79th, Morgan of the 39th, Morris of the 155th, Mumford of the 95th, Orrock of the 58th, Parham of the 141st, Powell of the 29th, Reese of the 98th, Sailor of the 93rd, Sims of the 169th, Sinkfield of the 60th, Smyre of the 132nd, Stanley-Turner of the 53rd, Tumlin of the 38th, Walker of the 107th, Watson of the 91st, Willard of the 49th, and Wix of the 33rd. THURSDAY, FEBRUARY 16, 2006 853 They wish to be recorded as present. Prayer was offered by Dr. Jimmy Gentry, Tabernacle Baptist Church, Carrollton, 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 1362. By Representatives Buckner of the 76th, Reece of the 11th, Sims of the 169th and Greene of the 149th: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to increase the state-wide homestead exemption for disabled veterans and the unremarried surviving spouse or minor children of disabled veterans to a full-value homestead exemption; to provide for applicability; to provide for a referendum; to provide for automatic repeal 854 JOURNAL OF THE HOUSE under certain circumstances; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1363. By Representative Parrish of the 156th: A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Pulaski, approved April 9, 1999 (Ga. L. 1999, p. 3946), as amended, so as to provide authority for the mayor and councilmembers to perform and be compensated for duties related to the operation of the water system and other administrative functions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1364. By Representatives Sheldon of the 105th, Walker of the 107th, Cox of the 102nd, Graves of the 137th and Carter of the 159th: A BILL to be entitled an Act to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide for assistance in matters relating to the medicare prescription drug insurance plan; to provide a short title; to provide for legislative findings; to provide for definitions; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Human Relations & Aging. HB 1365. By Representatives Day of the 163rd and Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and tax appeal procedures, so as to change certain provisions regarding recovery of certain appeal costs by a taxpayer; 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 1366. By Representative Hanner of the 148th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Leesburg, approved April 17, 1973 (Ga. L. 1973, p. 2851), as amended, particularly by an ordinance filed with the Secretary of State on THURSDAY, FEBRUARY 16, 2006 855 September 16, 1976 (Ga. L. 1977, p. 4639), so as to provide for a municipal court for the City of Leesburg; to provide the City Council certain powers to determine qualifications and requirements relating to municipal court judges; to provide for certain penalties for violations under the jurisdiction of the municipal court; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1367. By Representatives Stephens of the 164th, Graves of the 137th, Parrish of the 156th, Parham of the 141st and Carter of the 159th: 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 require the Georgia State Board of Pharmacy to establish and maintain a registry of pharmacy technicians; to provide for rules and regulations; to require pharmacists in charge to provide updated information for the registry; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1368. By Representative Dollar of the 45th: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate supporting beautification projects in Georgia; to provide for a portion of the revenue to go to Keep Georgia Beautiful Foundation, Inc.; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1369. By Representatives Oliver of the 83rd, Porter of the 143rd, Hugley of the 133rd, Smyre of the 132nd, Ashe of the 56th and others: A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to create provisions relating to complaints or information regarding fraud, waste, and abuse in counties or 856 JOURNAL OF THE HOUSE municipal corporations; to provide for definitions; to provide for practice and procedure; to provide for relief in the event a civil action is instituted; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1370. By Representatives Porter of the 143rd, Hugley of the 133rd, Smyre of the 132nd, Ashe of the 56th, Randall of the 138th and others: A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the O.C.G.A., relating to HOPE scholarships and grants, so as to add definitions; to remove certain limitations on the amount of HOPE scholarships and grants; to remove maximum hour caps on HOPE grants; to provide for requirements to reduce individual award amounts of scholarships and grants; to amend Code Section 50-27-13 of the O.C.G.A., relating to disposition of lottery proceeds, budget report by the Governor, appropriations by the General Assembly, and the shortfall reserve subaccount, so as to revise certain provisions relating to shortfall reserve subaccounts for HOPE scholarships and grants; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. HB 1371. By Representatives Graves of the 137th, Carter of the 159th, Harbin of the 118th, Stephens of the 164th and Parrish of the 156th: 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 Pharmacy Audit Bill of Rights"; to provide for a short title; to set out a list of rights of pharmacies undergoing audits; to provide for an appeal process; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1372. By Representative Harbin of the 118th: A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide for the introduction and consideration of bills impacting the state health THURSDAY, FEBRUARY 16, 2006 857 benefit plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1373. By Representatives Harbin of the 118th, Burkhalter of the 50th and Keen of the 179th: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to financial affairs, and Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to change provisions relating to the state budget process and budgetary information; to repeal the creation of the Budgetary Responsibility Oversight Committee and matters relative thereto; to provide for certain reports with respect to federal funds and other agency funds; to repeal certain duties and responsibilities of the Budgetary Responsibility Oversight Committee; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 1374. By Representative Jackson of the 161st: 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, relating to fair business practices, so as to require retail businesses to refund cash or credit card charges on certain consumer purchases; to provide for a definition; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1375. By Representatives Stephens of the 164th, Bordeaux of the 162nd, Jackson of the 161st and Bryant of the 160th: A BILL to be entitled an Act to authorize the City of Savannah to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. 858 JOURNAL OF THE HOUSE HB 1376. By Representatives Marin of the 96th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Chapter 19 of Title 31 of the Official Code of Georgia Annotated, relating to control of rabies, so as to change certain provisions relating to inoculation of canines and felines against rabies; to provide for inoculation of other domesticated animals; to change certain provisions relating to county rabies control officers; to provide for collection and disposition of fees; to provide for rabies inoculation tags and certificates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1377. By Representatives England of the 108th, Dickson of the 6th, Tumlin of the 38th, Ralston of the 7th, Bearden of the 68th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, so as to require certain records and procedures with respect to the retail sale of prepaid cell phones; to define terms; to require identification of the purchaser in retail sales; to require identifying records of purchasers and phones to be generated and maintained by retailers, manufacturers, and service suppliers; to provide criminal penalties for noncompliance; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. HB 1378. By Representatives England of the 108th, Royal of the 171st, McCall of the 30th, Crawford of the 127th, Hill of the 180th and others: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide a graduated exemption for biodiesel fuels from sales and use taxes; to provide a graduated exemption for biodiesel fuels from motor fuel taxes; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1379. By Representatives Kidd of the 115th, Willard of the 49th, Lindsey of the 54th, Oliver of the 83rd and Ralston of the 7th: A BILL to be entitled an Act to amend Code Section 44-14-471 of the Official Code of Georgia Annotated, relating to filing of verified statement, contents, and notice, so as to provide for notice of a hospital lien within 30 THURSDAY, FEBRUARY 16, 2006 859 days after a person has been discharged from care; to provide for the filing of such lien within 15 days after such notice; to delete certain provisions relating to a physician's practice; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1380. By Representatives Graves of the 12th, McCall of the 30th, Roberts of the 154th, Ray of the 136th, Black of the 174th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to redefine a term; to provide certain exemptions from laws relating to adulteration and misbranding of food; to provide certain exemptions from laws relating to food service establishments; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HB 1381. By Representatives Warren of the 122nd, Porter of the 143rd, Murphy of the 120th, Smyre of the 132nd, Orrock of the 58th and others: A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to professions, so as to enact the "Georgia Journeyman Electrician Licensing Act"; to provide for definitions; to provide for qualifications for licensure and for renewal of licenses; to provide for the expiration of licenses; to provide for examination; to provide for apprenticeship programs; to provide for practical experience training; to provide for the liability of a journeyman or master electrician for unprofessional conduct; to provide for exemptions; to provide for the licensure of certain persons without examination; to provide for the suspension or revocation of licenses under certain circumstances; to provide for the powers and duties of the Division of Electrical Contractors; to provide for enforcement of the chapter; to provide a penalty; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1382. By Representatives Holmes of the 61st, Bruce of the 64th, Hill of the 21st, Barnes of the 78th, Scheid of the 22nd and others: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to authorize 860 JOURNAL OF THE HOUSE the imposition of a local option sales and use tax for transportation within special districts; to provide for applicability with respect to the ceiling on local sales and use taxes; to establish special districts; to provide for procedures, conditions, and limitations for the imposition, collection, disbursement, and removal of the tax; to provide for powers, duties, and authority of the state revenue commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1383. By Representatives Oliver of the 83rd, Porter of the 143rd, Smyre of the 132nd, Orrock of the 58th, Hugley of the 133rd and others: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public officials conduct and lobbyist disclosure, so as to provide for ethics in government; to create conflict of interest provisions relating to gifts and meals in excess of $50.01; to provide for definitions; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ethics. HB 1384. By Representatives Martin of the 47th and Scheid of the 22nd: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption for a limited period of time with respect to certain sales of tangible personal property to a qualified government grantee; 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 repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1385. By Representatives Heard of the 104th, Ehrhart of the 36th, Coan of the 101st, Dodson of the 75th and Forster of the 3rd: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the O.C.G.A., relating to state building, plumbing, and electrical codes, so as to provide for the employment of private professional providers to perform building plan reviews and inspections when the local jurisdiction cannot timely perform such services; to provide a definition; to provide for the qualifications of such persons; to provide for the manner of such reviews THURSDAY, FEBRUARY 16, 2006 861 and inspections; to provide for certain insurance requirements; to provide for the manner of submitting reports; to amend Chapter 2 of Title 25 of the O.C.G.A., relating to regulation of fire and other hazards to persons and property generally, so as to provide for the employment of private professional providers to perform building plan reviews when the state fire marshal, local fire marshal, or state inspector cannot timely perform such services; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1386. By Representative Jenkins of the 8th: A BILL to be entitled an Act to amend Chapter 72 of Title 36 of the Official Code of Georgia Annotated, relating to abandoned cemeteries and burial grounds, so as to provide for legislative findings; to define certain terms; to provide that counties and municipal corporations shall provide access to certain family burial plots to surviving family members; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1387. By Representatives Ehrhart of the 36th, Burkhalter of the 50th, Knox of the 24th, Harbin of the 118th and Keen of the 179th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for gradual reduction in state tax on insurance premiums; to provide for an insurance premium tax credit for jobs in the state; to provide for reduction in certain local taxes on insurance premiums; to repeal the state tax on risk retention group premiums; 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 1388. By Representatives Martin of the 47th and Smith of the 113th: A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, so as to provide for an exemption for certain charitable institutions; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. 862 JOURNAL OF THE HOUSE Referred to the Committee on Ways & Means. HR 1395. By Representatives Loudermilk of the 14th, Richardson of the 19th, Keen of the 179th, Porter of the 143rd, Hugley of the 133rd and others: A RESOLUTION honoring the memory of Wiley T. Nixon and naming the Wiley T. Nixon Capitol Post Office in his honor; and for other purposes. Referred to the Committee on Special Rules. HR 1396. By Representatives Talton of the 145th, O`Neal of the 146th, Williams of the 165th, Howard, E. of the 121st, Bryant of the 160th and others: A RESOLUTION creating the House Study Committee on Local Law Enforcement Salaries and Benefits; and for other purposes. Referred to the Committee on Public Safety. HR 1397. By Representative Sims of the 169th: A RESOLUTION commemorating the achievements of the 848th Engineer Company and Company C of the 648th Engineer Battalion of the Georgia Army National Guard and dedicating the Hero Bridge in their honor; and for other purposes. Referred to the Committee on Transportation. HR 1398. By Representatives Gardner of the 57th, Ashe of the 56th, Borders of the 175th and Lunsford of the 110th: A RESOLUTION urging the State of Georgia to establish a system of advance directives for mental health care; and for other purposes. Referred to the Committee on Health & Human Services. HR 1399. By Representatives Porter of the 143rd, Hugley of the 133rd, Smyre of the 132nd, Orrock of the 58th, Randall of the 138th and others: A RESOLUTION creating the Joint State Employee Turnover and Staffing Ratios Study Committee; and for other purposes. Referred to the Committee on Industrial Relations. THURSDAY, FEBRUARY 16, 2006 863 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 1397. By Representatives Hembree of the 67th and Coleman of the 97th: 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 textbooks; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1398. By Representatives James of the 135th, Royal of the 171st, Floyd of the 147th, Borders of the 175th, 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 an exemption with respect to sales of certain fuels used in structures where poultry is raised; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1399. By Representative Ralston of the 7th: A BILL to be entitled an Act to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that a magistrate's salary may be waived under certain circumstances; to provide that monthly contingent expenses maybe waived under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1400. By Representatives Burkhalter of the 50th, Keen of the 179th, Smith of the 129th and Harbin of the 118th: A BILL to be entitled an Act to amend Code Section 40-2-86.15 of the Official Code of Georgia Annotated, relating to special license plates promoting NASCAR or promoting bicycle safety, so as to provide for additional authorized uses of certain funds generated with respect to such NASCAR license plate; to provide for procedures, conditions, and 864 JOURNAL OF THE HOUSE limitations; 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 1401. By Representatives Marin of the 96th, Watson of the 91st, Jamieson of the 28th, Gardner of the 57th and Hugley of the 133rd: A BILL to be entitled an Act to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to professions and businesses, so as to require continuing education in cultural competency for licensure of health care professionals to address disparities in medical treatment decisions based on race, ethnicity, and gender; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1402. By Representatives Thomas of the 100th, Buckner of the 130th, Willard of the 49th, Ashe of the 56th and Benfield of the 85th: A BILL to be entitled an Act to amend Chapter 16 of Title 50 of the O.C.G.A., relating to public property, so as to define certain terms; to require certain buildings constructed with state funds to meet state sustainability standards; to provide for implementation guidelines, an advisory committee, and rules and regulations; to amend Title 20 of the O.C.G.A., relating to education, so as to define certain terms; to require certain local school buildings constructed with state funds to meet state sustainability standards; to provide for implementation guidelines and rules and regulations; to provide for review of utility capacity and financial and technical assistance programs; to require certain buildings of the University System of Georgia constructed with state funds to meet state sustainability standards; to provide for implementation guidelines and rules and regulations; to provide for a performance audit; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. HB 1403. By Representative Martin of the 47th: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to change certain provisions regarding THURSDAY, FEBRUARY 16, 2006 865 procedures for certifying additional qualified municipalities; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1342 HB 1343 HB 1344 HB 1345 HB 1346 HB 1347 HB 1349 HB 1350 HB 1351 HB 1352 HB 1353 HB 1354 HB 1355 HB 1356 HB 1357 HB 1358 HB 1359 HB 1360 HB 1361 HR 1364 HR 1365 HR 1392 HR 1393 SB 373 SB 384 SB 385 SB 469 Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report: Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 924 Do Pass, by Substitute HB 1321 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: 866 JOURNAL OF THE HOUSE Your Committee on Judiciary Non-Civil has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1031 Do Pass, by Substitute 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 House and has instructed me to report the same back to the House with the following recommendation: HB 1325 Do Pass, by Substitute Respectfully submitted, /s/ Lewis of the 15th Chairman Representative Williams of the 4th District, Chairman of the Committee on Regulated Industries, submitted the following report: Mr. Speaker: Your Committee on Regulated Industries has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1170 Do Pass, by Substitute HB 1248 Do Pass, by Substitute Respectfully submitted, /s/ Williams of the 4th 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: THURSDAY, FEBRUARY 16, 2006 867 HR 1338 Do Pass Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1312 HB 1322 HB 1324 HB 1327 HB 1328 Do Pass Do Pass Do Pass Do Pass Do Pass HB 1329 HB 1332 HB 1333 HB 1334 HB 1348 Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report: Mr. Speaker: Your Committee on Transportation has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1177 Do Pass, by Substitute HB 1180 Do Pass, by Substitute HB 1190 Do Pass, by Substitute HR 413 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 THURSDAY, FEBRUARY 16, 2006 Mr. Speaker and Members of the House: 868 JOURNAL OF THE HOUSE The Committee on Rules has fixed the calendar for this 20th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 57 HB 1151 HR 1175 HR 1258 State ordered executions; protect physicians and medical professionals licensure Deferred compensation plan; Board of Trustees; administer Georgia's licensed vineyards and wineries; fine wines; urge restaurants to list Appalachian Studies Center; Dahlonega; Georgia's official center; establish Modified Open Rule None Modified Structured Rule None Structured Rule HB 1112 Speech-language pathologists and audiologists; licensing; 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 were taken up for consideration and read the third time: HB 1312. By Representative Royal of the 171st: A BILL to be entitled an Act to abolish the office of elected county surveyor of Mitchell 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. THURSDAY, FEBRUARY 16, 2006 869 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1322. By Representatives Holt of the 112th, Mumford of the 95th and Lunsford of the 110th: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Covington; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to 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 1324. By Representatives Fleming of the 117th, Burmeister of the 119th and Harbin of the 118th: A BILL to be entitled an Act to repeal an Act creating a Small Claims Court in and for Columbia County, approved February 28, 1973 (Ga. L. 1973, p. 2032); to 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 1327. By Representatives Warren of the 122nd, Murphy of the 120th, Burmeister of the 119th, Howard, E. of the 121st and Anderson of the 123rd: 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. 870 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1328. By Representatives Fleming of the 117th, Burmeister of the 119th and Harbin of the 118th: A BILL to be entitled an Act to amend an Act creating the Magistrate Court of Columbia County, approved May 6, 2005 (Ga. L. 2005, p. 3959), so as to change the educational requirements for magistrates; to 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 1329. By Representatives Holt of the 112th, Mumford of the 95th and Lunsford of the 110th: A BILL to be entitled an Act to authorize the City of Covington 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 1332. By Representative Hanner of the 148th: A BILL to be entitled an Act to provide that the chief magistrate of Terrell County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Magistrate Court of Terrell County; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1333. By Representative Hanner of the 148th: A BILL to be entitled an Act to provide that the judge of the Probate Court of Terrell County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Probate Court of Terrell County; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 16, 2006 871 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1334. By Representatives Heard of the 114th, Kidd of the 115th and Smith of the 113th: A BILL to be entitled an Act to authorize Athens-Clarke 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 1348. By Representatives Lucas of the 139th, Randall of the 138th, Graves of the 137th, Freeman of the 140th and Cole of the 125th: A BILL to be entitled an Act to amend an Act entitled "Macon Water Commissioners Pension Plan," approved December 20, 1953 (Ga. L. 1953 November-December Session, p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3946), so as to provide a severance option for persons who terminate membership in such plan; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Barnes Bearden Beasley-Teague Benfield Y Benton Y Black Bordeaux Crawford Y Cummings Davis Day Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Hill, C.A Holmes Holt Y Horne Houston Y Howard, E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills E Mitchell Morgan Y Morris Y Mosby Sailor Scheid Y Scott, A E Scott, M E Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Smith, B Smith, L 872 JOURNAL OF THE HOUSE Y Borders Y Bridges Y Brooks Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Burmeister Y 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 Epps Everson Y Fleming E Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Hembree Y Henson Y Hill, C Y Jenkins Y Jennings Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Mosley Mumford Y Murphy, J Y Murphy, Q Neal Oliver O'Neal Orrock Y Parham Y Parrish Parsons Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Reese Y Rice Roberts Y Rogers Y Royal Y Rynders Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Y Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bills, the ayes were 122, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representatives Channell of the 116th and Smith of the 113th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 718. By Senators Henson of the 41st and Weber of the 40th: A RESOLUTION honoring the life and accomplishments of Stephen J. Schmidt, Sr., and dedicating the Stephen J. Schmidt, Sr., Memorial Highway; and for other purposes. The Senate insists on its amendment to the following bill of the House: THURSDAY, FEBRUARY 16, 2006 873 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 the requisite constitutional majority the following bill of the House: HB 1155. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act creating the Board of Education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, so as to provide for the selection of a chairperson and vice chairperson; to provide that such chairperson and vice chairperson shall serve terms of one year; 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 1026. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006, known as the "General Appropriations Act," approved May 10, 2005 (Ga. L. 2005, p. 1319). By unanimous consent, the following Resolution of the Senate was read the first time and referred to the Committee: SR 718. By Senators Henson of the 41st and Weber of the 40th: A RESOLUTION honoring the life and accomplishments of Stephen J. Schmidt, Sr., and dedicating the Stephen J. Schmidt, Sr., Memorial Highway; and for other purposes. Referred to the Committee on Transportation. 874 JOURNAL OF THE HOUSE The following members were recognized during the period of Morning Orders and addressed the House: Buckner of the 76th, Reece of the 11th, and Brown of the 69th. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1338. By Representative Meadows of the 5th: A RESOLUTION commending the Calhoun High School baseball team and inviting the Calhoun High School baseball team to appear before the House of Representatives; and for other purposes. By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Judiciary Non-Civil and referred to the Committee on Children & Youth: SB 442. By Senators Moody of the 56th, Carter of the 13th, Meyer von Bremen of the 12th, Kemp of the 46th, Weber of the 40th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationship generally, so as to change certain provisions relating to reporting of child abuse; 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 substitute thereto: HB 1026. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006, known as the "General Appropriations Act," approved May 10, 2005 (Ga. L. 2005, p. 1319). The following Senate substitute was read: THURSDAY, FEBRUARY 16, 2006 875 A BILL To amend an Act providing appropriations for the State Fiscal Year 2005-2006 known as the "General Appropriations Act" approved May 10, 2005 (Ga. L. 2005, p. 1319), so as to change certain appropriations for the State Fiscal Year 2005-2006; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: An Act providing appropriations for the State Fiscal Year 2005-2006, as amended, known as the "General Appropriations Act" approved May 10, 2005 (Ga. L. 2005, p. 1319), is further amended by striking everything following the enacting clause through Section 57, and by substituting in lieu thereof the following: That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006: H.B 1026 Revenue Sources Available for Appropriation TOTAL STATE FUNDS Brain and Spinal Injury Trust Fund Lottery Proceeds State Motor Fuel Taxes Revenue Shortfall Reserve for K-12 Needs State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS 21 Century Community Learning Centers CFDA84.287 Abstinence Education Program CFDA 93.235 Adoption Assistance CFDA93.659 Adoption Opportunities CFDA 93.652 Adult Education State Grant Program CFDA84.002 Advanced Placement Program CFDA84.33 Governor House S. Whole $17,850,546,801 $3,000,000 $811,629,758 $850,940,019 $158,139,967 $15,870,210,305 $156,626,752 $8,851,355,116 $28,930,500 $25,948,375 $7,021,333 $233,948 $17,850,546,801 $3,000,000 $811,629,758 $850,940,019 $158,139,967 $15,870,210,305 $156,626,752 $8,848,580,193 $28,930,500 $25,948,375 $7,021,333 $233,948 $17,850,546,801 $3,000,000 $811,629,758 $850,940,019 $158,139,967 $15,870,210,305 $156,626,752 $9,264,317,574 $29,414,744 $2,438,017 $25,948,375 $4,236,423 $7,021,333 $233,948 876 JOURNAL OF THE HOUSE Aging Supportive Services & Senior Centers CFDA93.044 Airport Improvement Program CFDA20.106 Appalachian Regional Commission CFDA23.011 Asset Forfeiture CFDA99.OFA Assistance to Firefighters Grant CFDA97.044 Boating Safety CFDA97.011 Bulletproof Vest Partnership Program CFDA16.607 Byrd Honors Scholarship CFDA84.185 Byrne Formula Grant Program CFDA16.579 Clean Water State Revolving Funds CFDA66.458 Drinking Water State Revolving Funds CFDA66.468 CDC-Investigations & Technical Assistance CFDA93.283 CMS Research, Demonstrations & Evaluations CFDA93.779 CERCLA Remedial CFDA66.802 CERCLA Site Response CFDA66.817 Chafee Foster Care Independence Program CFDA93.674 Charter School CFDA84.282 Child & Adult Care Food Program CFDA10.558 Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Child Care Development Fund Unobligated Balance Child Support Enforcement Research CFDA93.564 Child Support Enforcement Title IV-D CFDA93.563 Child Welfare Services - State Grants Title IV-B CFDA93.645 Children's Justice Grants to States CFDA 93.643 Community Development Block Grants/State's Program CFDA14.228 Community Mental Health Services Block Grant CFDA93.958 Community Prosecution & Project Safe Neighborhoods CFDA16.609 Community Services Block Grant CFDA93.569 $27,262,927 $6,000,000 $172,825 $169,180 $1,212,000 $11,238,527 $50,000 $6,533,524 $1,754,322 $7,502,171 $2,950,835 $76,426,261 $74,410,706 $8,760,828 $43,224,222 $9,134,451 $31,410,041 $13,063,235 $158,788 $17,185,183 $27,262,927 $6,000,000 $172,825 $169,180 $1,212,000 $11,238,527 $50,000 $6,533,524 $1,754,322 $7,502,171 $2,950,835 $76,426,261 $74,410,706 $8,760,828 $43,224,222 $9,134,451 $31,410,041 $13,063,235 $158,788 $17,185,183 $27,262,927 $6,000,000 $172,825 $592,917 $14,075 $489,118 $1,431 $1,212,000 $20,537,096 $900,507 $1,117,414 $25,583,694 $6,605,994 $252,430 $163,702 $1,754,322 $7,502,171 $2,950,835 $76,426,261 $74,410,706 $74,600,427 $8,760,828 $64,444,341 $6,059,265 $122,800 $44,810,041 $13,063,235 $710,321 $17,185,183 THURSDAY, FEBRUARY 16, 2006 877 Compensation & Working Conditions CFDA17.005 Comprehensive School Reform Demonstration CFDA84.332 Consolidated Health Centers CFDA93.224 Consolidated Pesticide Enforcement CFDA66.700 Cooperative Forestry Assistance CFDA10.664 Corporation for National & Community Services CFDA94.003 Crime Laboratory Improvement-DNA Backlog Reduction CFDA16.564 Crime Victim Assistance CFDA16.575 Crime Victim Assistance/Discretionary Grants CFDA16.582 Crime Victim Compensation CFDA16.576 Developmental Disabilities Basic Support & Advocacy CFDA93.630 Disabled Veterans' Outreach Program CFDA17.801 DOE Savannah River Site CFDA81.104 Education for Homeless Children & Youth CFDA84.196 Education Technology State Grants CFDA84.318 Edward Byrne Memorial State Law Enforcement Assistance CFDA16.580 Emergency Management Performance Grants CFDA97.042 Employment & Training Admin. Pilots, Demonstrations, & Research CFDA17.261 Employment Discrimination CFDA30.001 Employment Service CFDA17.207 Employment Svcs-Individuals with Severe Disabilities CFDA84.187 English Language Acquisition Grants CFDA84.365 Environmental Protection Consolidated Research CFDA66.500 Even Start State Educational Agencies CFDA84.213 Fair Housing Assistance Program CFDA14.401 Family Planning Services CFDA93.217 Family Violence Prevention-Battered Women's Shelters $2,418,425 $17,598,813 $675,000 $612,000 $475,767 $127,909 $10,608,946 $51,446 $160,677 $2,248,393 $2,295,499 $2,015,760 $20,066,284 $3,885,614 $72,000 $20,814,198 $910,195 $11,017,920 $7,338,231 $315,217 $6,207,725 $284,186 $2,418,425 $17,598,813 $675,000 $612,000 $475,767 $127,909 $10,608,946 $51,446 $160,677 $2,248,393 $2,295,499 $2,015,760 $20,066,284 $3,885,614 $72,000 $20,814,198 $910,195 $11,017,920 $7,338,231 $315,217 $6,207,725 $284,186 $2,418,425 $17,598,813 $500,000 $675,000 $633,220 $195,428 $127,909 $10,765,755 $51,446 $160,677 $2,248,393 $2,295,499 $26,578 $2,015,760 $20,066,284 $673,079 $3,885,614 $763,080 $72,000 $20,814,198 $910,195 $11,017,920 $62,350 $7,338,231 $405,717 $6,304,788 $284,186 878 JOURNAL OF THE HOUSE CFDA93.671 Federal Highway Administration Planning & Construction CFDA20.205 Federal Transit Administration Capital Investment Grants CFDA20.500 Federal Transit Formula Grants CFDA20.507 Fish & Wildlife Service CFDA15.631 Flood Plain - FEMA CFDA83.103 Food & Drug Administration Research CFDA93.103 Foster Care Title IV-E CFDA93.658 Grant to Local Educational Agencies CFDA84.010 Grants for State Assessments & Related Activities CFDA84.369 Grants to States for Access & Visitation Programs CFDA93.597 Head Start Coordination CFDA93.600 Historic Preservation Fund Grants-In-Aid CFDA15.904 HIV Care Formula Grants CFDA93.917 HIV Prevention Activities-Health Department Based CFDA93.94 HUD-Section 8 CFDA14.156 HIV & AIDS Surveillance Programs CFDA93.944 Immunization Grants CFDA93.268 Improving Teacher Quality State Grant CFDA84.367 Independent Living-State Grants CFDA84.169 Intrastate Meat & Poultry Inspection CFDA10.475 Hazardous Materials Public Sector Training & Planning CFDA20.703 Juvenile Justice & Delinquency Prevention CFDA16.54 Lead Grant Program CFDA66.707 Leaking Underground Storage Trust Fund CFDA66.805 Learn & Serve America-School & Community Programs CFDA94.004 Learn & Serve School Based Grants CFDA94.006 $742,002,072 $742,002,072 $742,451,325 $357,997,928 $357,997,928 $357,997,928 $12,858,431 $322,504 $45,000 $79,473,308 $314,269,936 $10,236,191 $274,295 $175,000 $490,000 $2,578,954 $3,634,743 $56,507,415 $581,648 $1,303,416 $74,583,137 $514,980 $6,005,308 $121,237 $12,858,431 $322,504 $45,000 $79,473,308 $314,269,936 $10,236,191 $274,295 $175,000 $490,000 $2,578,954 $3,634,743 $56,507,415 $581,648 $1,303,416 $74,583,137 $514,980 $6,005,308 $121,237 $12,858,431 $322,504 $26,284 $45,000 $79,473,308 $314,269,936 $10,236,191 $274,295 $175,000 $544,351 $32,239,857 $5,303,885 $58,351,395 $581,648 $4,425,577 $76,406,730 $514,980 $6,005,308 $121,237 $1,861,000 $1,044,131 $1,861,000 $1,044,131 $3,194,389 $155,385 $1,144,809 $1,044,131 $5,000,000 $5,000,000 $5,000,000 THURSDAY, FEBRUARY 16, 2006 879 Leveraging Educational Assistance Partnership Program CFDA84.069 Literacy Programs for Prisoners CFDA84.255 Local Law Enforcement Block Grants Program CFDA16.592 Local Veterans' Employment Representative Program CFDA17.804 Low-Income Home Energy Assistance CFDA93.568 Manufactured Home Construction & Safety Standards CFDA14.171 Manufacturing & Services CFDA11.11 Market News CFDA10.153 Maternal and Child Health Federal Consolidated Programs CFDA93.11 Maternal & Child Health Services Block Grant CFDA93.994 Mathematics & Science Partnerships CFDA84.366 Medical Assistance Program CFDA93.778 Medicare - Hospital Insurance CFDA93.773 Medicare - Supplementary Medical Insurance Program CFDA93.774 Migrant Education State Grant Program CFDA84.011 Military Construction, National Guard CFDA12.400 Missing Children's Assistance CFDA16.543 National Assessment of Educational Progress CFDA84.902 National Criminal History Improvement Program CFDA16.554 National Guard Civilian Youth Opportunities CFDA12.404 National Guard Military O & M Projects CFDA12.401 National Motor Carrier Safety Administration CFDA20.218 National School Lunch Program CFDA10.555 Nat'l Institute of Justice Research Evaluation & Development CFDA16.560 Nine Mile Fire Grant CFDA10.644 $520,653 $520,653 $522,134 $96,333 $2,180,726 $96,333 $2,180,726 $198,085 $846,170 $2,180,726 $19,957,242 $755,000 $19,957,242 $755,000 $19,957,242 $755,000 $4,808 $111,852 $4,808 $111,852 $4,808 $111,852 $611,966 $17,348,033 $4,227,616 $4,585,068,585 $1,314,963 $9,281,187 $17,348,033 $4,227,616 $4,581,790,914 $1,314,963 $9,281,187 $17,348,033 $4,227,616 $4,534,831,259 $1,485,704 $9,281,187 $10,515,138 $5,346,232 $128,072 $5,329,151 $25,451,170 $2,561,998 $243,171,381 $10,515,138 $5,346,232 $128,072 $5,329,151 $25,451,170 $2,561,998 $243,174,129 $10,515,138 $5,346,232 $148,151 $128,072 $1,607,960 $5,352,965 $28,201,173 $4,439,670 $243,174,129 $311,371 $200,000 $200,000 $200,000 880 JOURNAL OF THE HOUSE Offender Reentry Program CFDA16.202 Outdoor Recreation Acquisition, Development & Planning CFDA15.916 Part D-Research, Evaluation, Technical Assistance & Training CFDA16.542 Part E State Challenge Activities CFDA16.549 Payments to Ag Experiment Stations Under the Hatch Act CFDA10.203 Pension to Veterans, Surviving Spouses, & Children CFDA64.105 Pipeline Safety CFDA 20.700 Plant and Animal Disease, Pest Control, & Animal Care CFDA10.025 Police Corps CFDA16.712 Post-Vietnam Era Veterans' Educational Assistance CFDA64.12 PPG CFDA 66.605 Prevention & Treatment of Substance Abuse Block Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Preventive Services-Sexually Transmitted Diseases Control CFDA93.977 Program for Neglected and Delinquent Children CFDA84.013 Prevention of Elder Abuse, Neglect, & Exploitation CFDA93.041 Grants & Agreements for Tuberculosis Control Programs CFDA93.116 Promoting Safe and Stable Families CFDA 93.556 Promotion of the Arts CFDA 45.025 Public Assistance Grants CFDA 97.036 Public Health and Social Services Emergency Fund CFDA93.003 Radon Awareness Grant CFDA 66.032 Reading First State Grant CFDA 84.357 Reduce & Prevent - Children's Exposure to Violence $500,000 $845,941 $9,691,144 $4,246,050 $273,311 $235,000 $654,266 $3,363,161 $50,960,435 $4,203,960 $2,297,423 $845,581 $95,389 $1,613,061 $710,524 $70,621 $73,850 $57,178,909 $100,000 $500,000 $845,941 $9,691,144 $4,246,050 $273,311 $235,000 $654,266 $3,363,161 $50,960,435 $4,203,960 $2,297,423 $845,581 $95,389 $1,613,061 $710,524 $70,621 $73,850 $57,178,909 $100,000 $835,291 $845,941 $200,000 $324,485 $9,691,144 $4,246,050 $273,311 $235,000 $97,575 $654,266 $4,999,889 $52,613,879 $5,258,723 $2,297,423 $1,072,991 $95,389 $2,121,668 $10,031,542 $714,630 $17,045,918 $8,369,836 $73,850 $57,178,909 THURSDAY, FEBRUARY 16, 2006 881 Refugee & Entrant Assistance Discretionary Grants CFDA93.576 Refugee & Entrant Assistance Programs CFDA93.566 Rehab Services-Vocational Rehabilitation Grants to States CFDA84.126 Research on Healthcare Costs, Quality & Outcomes CFDA93.226 Residential Substance Abuse Treatment-State Prisoners CFDA16.593 Resource Conservation & Development CFDA10.901 Rural Domestic Violence & Child Victimization CFDA16.589 Rural Education CFDA84.358 Safe and Drug-free Schools and Communities CFDA84.186 Safety Incentives to Prevent Oper. of Vehicles by Intoxicated Persons CFDA20.605 School Breakfast Program CFDA10.553 Senior Community Service Employment Program CFDA 17.235 Social Security Disability Insurance CFDA 96.001 Social Services Block Grant CFDA 93.667 Special Ed-Infants & Families with Disabilities CFDA84.181 Special Education Grants to States CFDA 84.027 Special Education Preschool Grants CFDA 84.173 Special Programs for the Aging Nutrition Services CFDA 93.045 Sport Fish Restoration CFDA15.605 Spouse to Teachers CFDA12.999 State Administrative Expenses for Child Nutrition CFDA10.560 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 State and Community Highway Safety CFDA20.600 State and Local Homeland Security Training Program CFDA97.005 State and Tribal Response Program Grants CFDA66.804 State Children's Insurance Program CFDA93.767 State Court Improvement Program CFDA93.586 State Criminal Alien Assistance Program CFDA16.606 $758,080 $3,185,007 $73,274,003 $288,204 $1,992,888 $10,000 $177,373 $7,310,226 $10,079,104 $38,947,956 $1,987,166 $56,275,688 $55,370,733 $4,095,607 $270,178,855 $10,025,518 $3,264,969 $1,306,138 $1,700,000 $73,311,026 $3,166,937 $182,483,580 $8,005,531 $758,080 $3,185,007 $73,274,003 $288,204 $1,992,888 $10,000 $177,373 $7,310,226 $10,079,104 $38,947,956 $1,987,166 $56,275,688 $55,370,733 $4,095,607 $270,178,855 $10,025,518 $3,264,969 $1,306,138 $1,700,000 $73,311,026 $3,166,937 $182,483,580 $8,005,531 $759,080 $3,622,362 $73,601,172 $1,231,194 $2,206,545 $10,000 $177,373 $7,310,226 $12,553,321 $1,503,602 $38,947,956 $1,987,166 $56,292,209 $55,370,733 $4,732,626 $271,432,582 $10,025,518 $4,089,850 $4,755,638 $25,832 $1,700,000 $91,978,207 $9,257,294 $379,429 $20,000 $182,483,580 $718,274 $8,005,531 882 JOURNAL OF THE HOUSE State Domestic Preparedness Equipment Support CFDA97.004 State Fire Training Systems Grants CFDA97.043 State Grants for Innovative Programs CFDA84.298 State Justice Statistics-Statistical Analysis Centers CFDA16.550 State Library Program CFDA 45.310 State Medicaid Fraud Control Units CFDA 93.775 State Planning Grants CFDA93.256 Survey & Certification of Health Care Providers/Suppliers CFDA93.777 Substance Abuse and Mental Health Services, Projects of Regional and National Significance Supplemental Nutrition -Women Infants & Children CFDA10.557 Support School Health Programs CFDA93.938 Tech-Prep Education CFDA84.243 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Block Grant CFDA 93.558 TANF Transfers to Social Services Block Grant TANF Transfers to Child Care Development Fund Temporary Assistance for Needy Families Unobligated Balance Transition to Teaching CFDA84.350 Troops to Teachers CFDA84.815 USDA Natural Resources Conservation Service CFDA10.902 UIC State Match CFDA66.433 Unemployment Insurance CFDA17.225 Urban Areas Security Initiative CFDA97.008 Veterans Information and Assistance CFDA 64.115 Violence Against Women Formula Grants CFDA16.588 Violent Offender Incarceration & Truth in Sentencing CFDA16.586 Vocational Education Basic Grants CFDA84.048 Vocational Education Occupation & Employment Info CFDA84.346 $8,458,565 $50,000 $2,509,208 $85,363,000 $6,174 $3,255,308 $372,028,378 $318,725,882 $23,602,496 $29,700,000 $146,790,241 $111,930 $750,000 $40,832,695 $84 $6,083,835 $3,500,000 $2,313,788 $51,967,533 $169,459 $8,458,565 $50,000 $2,509,208 $85,363,000 $6,174 $3,255,308 $372,028,378 $318,725,882 $23,602,496 $29,700,000 $146,790,241 $111,930 $750,000 $40,832,695 $84 $6,083,835 $3,500,000 $2,313,788 $51,967,533 $169,459 $16,455,078 $84,600 $8,487,621 $50,000 $2,509,208 $1,305,438 $186,478 $28,100 $898,442 $233,202,281 $6,174 $3,255,308 $372,028,378 $351,913,870 $20,114,508 $146,790,241 $1,106,477 $414,799 $750,000 $17,598 $40,832,695 $84 $6,083,835 $3,900,752 $5,667,297 $52,125,310 $169,459 THURSDAY, FEBRUARY 16, 2006 883 Water Quality Management Planning CFDA66.454 Wildlife Restoration CFDA15.611 Workforce Investment Act Adult Program CFDA17.258 Workforce Investment Act Dislocated Workers CFDA17.260 Workforce Investment Act Youth Activities CFDA17.259 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Donations Forfeitures TANF Maintenance-of-Effort from External Sources Reserved Fund Balances Agency Funds Prior Year Federal Funds Prior Year Flexible Spending Account Fund Hazardous Waste Trust Fund Lottery Prior Year Funds Motor Fuel Prior Year Funds Solid Waste Trust Fund State Housing Trust Fund Universal Service Fund Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Authority/local government payments to state agencies Bond Proceeds from prior year Hospital Authorities Jekyll Island State Park Authority Bond Payback Lake Lanier Islands Development Authority Bond Payback National Center for Education Assistance Grant North Georgia Mountain Authority Bond Payback University System of Georgia Research Funds $223,022 $3,822,335 $19,029,386 $23,984,118 $18,547,681 $3,616,407,775 $80,715,877 $45,921,734 $794,143 $20,000,000 $355,481,806 $324,069,386 $3,940,309 $1,161,033 $103,913 $1,951,394 $21,799,287 $9,715 $2,446,769 $5,502,249 $5,502,249 $1,684,221,085 $17,829,893 $150,859,344 $940,190 $665,965 $93,486 $1,434,982 $1,512,397,225 $223,022 $3,822,335 $19,029,386 $23,984,118 $18,547,681 $3,604,389,109 $66,715,877 $45,921,734 $794,143 $20,000,000 $355,481,806 $324,069,386 $3,940,309 $1,161,033 $103,913 $1,951,394 $21,799,287 $9,715 $2,446,769 $5,502,249 $5,502,249 $1,686,179,916 $18,062,053 $152,586,015 $940,190 $665,965 $93,486 $1,434,982 $1,512,397,225 $750,194 $4,293,275 $19,029,386 $23,984,118 $18,547,681 $3,732,850,534 $66,762,472 $45,946,929 $815,543 $20,000,000 $362,757,150 $330,110,224 $3,940,309 $1,357,730 $603,913 $1,951,394 $21,799,287 $530,850 $16,674 $2,446,769 $6,889,192 $6,889,192 $1,702,850,836 $27,066,853 $235,701 $152,586,015 $940,190 $665,965 $93,486 $1,434,982 $1,519,827,644 884 JOURNAL OF THE HOUSE Rebates, Refunds, and Reimbursements Purchasing Card rebates Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Armory Rent Diversion Center Maintenance - Room and Board Royalties and Rents Not Itemized Sales and Services Academic Department Income Advanced Technology Development Center Income Agricultural Experiment Station Income Auxiliary Services Billeting Fund Collection/Administrative Fees Cooperative Extension Service Income Forest Protection Fees Forestry Cooperative Extension Income Forestry Research Income General Educational Development Fees Georgia Tech Research Institute Income Income Received by Georgia Institute for the Blind For Goods Sold Inmate Details - City and County Inmate Details - DOT Inmate Details - Georgia Correctional Industries Administration Inmate Store Revenues Park Receipts Patient Payments from Third Party Insurers per 31-2-2 and Patients Permits Public Service Institute Income $41,378,686 $147,831 $41,230,855 $3,956,922 $59,889 $2,876,632 $1,020,401 $1,445,151,150 $124,366,766 $4,175,000 $4,036,286 $825,000 $645,694 $16,465,429 $2,422,894 $2,127,444 $1,121,886 $7,700,000 $11,099,375 $41,378,686 $147,831 $41,230,855 $3,956,922 $59,889 $2,876,632 $1,020,401 $1,445,173,653 $124,366,766 $4,175,000 $4,036,286 $825,000 $645,694 $16,465,429 $2,422,894 $2,127,444 $1,121,886 $7,700,000 $11,099,375 $55,798,416 $147,831 $55,650,585 $7,021,687 $59,889 $2,876,632 $4,085,166 $1,530,623,838 $131,225,062 $4,335,461 $4,036,286 $825,000 $645,694 $25,091,290 $2,872,894 $2,127,444 $4,000 $130,000 $1,121,886 $7,700,000 $11,099,375 $3,695,594 $928,607 $716,139 $2,667,242 $14,979,745 $116,547,274 $3,695,594 $951,110 $716,139 $2,667,242 $14,979,745 $116,547,274 $5,306,824 $5,519,943 $1,251,639 $3,067,243 $16,979,745 $119,333,308 $11,223,138 $2,716,998 $11,223,138 $2,716,998 $11,223,138 $2,716,998 THURSDAY, FEBRUARY 16, 2006 885 Regulatory Fees Sales and Services Not Itemized Seedling Sales SHBP Participating Hospital Fee for School Nurses Sick Call Fees Surplus Property Sales Telephone Commissions Timber Sales Training Fees Tuition and Fees for Higher Education Veterinary Medicine Income TOTAL INTRA-STATE GOVERNMENT TRANSFERS Accounting System Assessments Administrative Hearing Payments Agency to Agency Contracts Air Transportation Charges Health Insurance Payments Legal Services - Client Reimbursable per 45-15-4 Liability Funds Mail and Courier Services Merit System Assessments Merit System Training and Compensation Fees Motor Vehicle Rental Payments Optional Medicaid Services Payments Property Insurance Funds Retirement Payments Risk Management Assessments Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS Changes in Fund Availability $10,939,896 $78,827,759 $1,930,927 $30,000,000 $200,000 $2,684,836 $8,264,209 $496,538 $1,053,769 $975,592,705 $6,700,000 $2,767,288,615 $8,855,794 $601,308 $12,237,827 $657,795 $2,211,159,749 $21,006,280 $51,741,328 $1,612,810 $11,733,724 $545,598 $2,668,981 $319,588,258 $20,659,798 $39,628,196 $704,517 $8,045,289 $55,841,363 $30,318,309,692 $10,939,896 $78,827,759 $1,930,927 $30,000,000 $200,000 $2,684,836 $8,264,209 $496,538 $1,053,769 $975,592,705 $6,700,000 $2,767,288,615 $8,855,794 $601,308 $12,237,827 $657,795 $2,211,159,749 $21,006,280 $51,741,328 $1,612,810 $11,733,724 $545,598 $2,668,981 $319,588,258 $20,659,798 $39,628,196 $704,517 $8,045,289 $55,841,363 $30,303,516,103 $54,336,077 $84,763,200 $1,930,927 $30,000,000 $360,000 $2,992,836 $12,869,551 $896,538 $1,292,890 $977,868,589 $6,700,000 $2,787,090,583 $8,855,794 $681,308 $20,513,175 $657,795 $2,211,159,749 $31,028,280 $51,741,328 $1,626,310 $13,044,844 $545,598 $2,768,981 $319,588,258 $20,659,798 $39,628,196 $704,517 $8,045,289 $55,841,363 $30,847,714,909 886 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State Motor Fuel Taxes Revenue Shortfall Reserve for K-12 Needs State General Funds TOTAL FEDERAL FUNDS 21 Century Community Learning Centers CFDA84.287 Abstinence Education Program CFDA 93.235 Adoption Assistance CFDA93.659 Adoption Opportunities CFDA 93.652 Asset Forfeiture CFDA99.OFA Assistance to Firefighters Grant CFDA97.044 Boating Safety CFDA97.011 Bulletproof Vest Partnership Program CFDA16.607 Byrne Formula Grant Program CFDA16.579 Clean Water State Revolving Funds CFDA66.458 Drinking Water State Revolving Funds CFDA66.468 CDC-Investigations & Technical Assistance CFDA93.283 CMS Research, Demonstrations & Evaluations CFDA93.779 CERCLA Remedial CFDA66.802 CERCLA Site Response CFDA66.817 Chafee Foster Care Independence Program CFDA93.674 Child Care & Development Block Grant CFDA93.575 Child Care Development Fund Unobligated Balance Child Support Enforcement Title IV-D CFDA93.563 Child Welfare Services - State Grants Title IV-B CFDA93.645 Children's Justice Grants to States CFDA 93.643 Community Development Block Grants/State's Program CFDA14.228 Community Prosecution & Project Safe Neighborhoods CFDA16.609 Consolidated Health Centers CFDA93.224 $444,640,208 $60,940,019 $158,139,967 $225,560,222 $92,821,288 $561,732 ($319,938) ($900,507) ($1,117,414) ($252,430) ($163,702) $160,495 $2,399,958 $371,174 ($122) $444,640,208 $60,940,019 $158,139,967 $225,560,222 $90,046,365 $561,732 ($319,938) ($900,507) ($1,117,414) ($252,430) ($163,702) $160,495 $2,399,958 $371,174 ($122) $444,640,208 $60,940,019 $158,139,967 $225,560,222 $447,165,654 $484,244 $2,438,017 $561,732 $4,236,423 $592,917 $14,075 $1,431 $9,298,569 $25,533,694 $72,470 $160,495 $2,399,958 $29,700,000 $21,591,293 ($3,075,308) $122,800 $13,400,000 $551,533 $500,000 $500,000 THURSDAY, FEBRUARY 16, 2006 887 Cooperative Forestry Assistance CFDA10.664 Corporation for National & Community Services CFDA94.003 Crime Victim Assistance CFDA16.575 Delinquency Prevention Program - Title V CFDA16.548 DOE Savannah River Site CFDA81.104 Drug-Free Communities Support Program Grants CFDA93.276 Edward Byrne Memorial State Law Enforcement Assistance CFDA16.580 Employment & Training Admin. Pilots, Demonstrations, & Research CFDA17.261 Enforcing Underage Drinking Laws Program CFDA16.727 Environmental Protection Consolidated Research CFDA66.500 Fair Housing Assistance Program CFDA14.401 Family Planning Services CFDA93.217 Family Violence Prevention-Battered Women's Shelters CFDA93.671 Federal Highway Administration Planning & Construction CFDA20.205 Federal Transit Administration Capital Investment Grants CFDA20.500 Flood Plain - FEMA CFDA83.103 Foster Care Title IV-E CFDA93.658 Grants to States for Incarcerated Youth Offenders CFDA84.331 Group of Eight Summit Reimbursements CFDA19.OFA Highway Safety Data Improvements Incentive Grants CFDA20.603 Historic Preservation Fund Grants-In-Aid CFDA15.904 HIV Care Formula Grants CFDA93.917 HIV Prevention Activities-Health Department Based CFDA93.94 HUD-Section 8 CFDA14.156 Immunization Grants CFDA93.268 ($26,578) ($62,350) $284,186 ($560,808) $113,966 ($26,284) $32,881,752 ($54,351) ($26,578) ($62,350) $284,186 ($560,808) $113,966 ($26,284) $32,881,752 ($54,351) $21,220 ($280,339) $156,809 $762,330 $151,627 $673,079 $763,080 $543,570 $90,500 $97,063 $284,186 ($111,555) $113,966 $32,881,752 $727,857 $69,280 $11,800 $29,660,903 $1,669,142 $1,843,980 $3,122,161 888 JOURNAL OF THE HOUSE Improving Teacher Quality State Grant CFDA84.367 Injury Prevention & Control Research & State & Community Based CFDA 93.136 Juvenile Accountability Incentive Block Grants CFDA16.523 Juvenile Justice & Delinquency Prevention CFDA16.54 Lead Grant Program CFDA66.707 Leaking Underground Storage Trust Fund CFDA66.805 Leveraging Educational Assistance Partnership Program CFDA84.069 Literacy Programs for Prisoners CFDA84.255 Local Law Enforcement Block Grants Program CFDA16.592 Low-Income Home Energy Assistance CFDA93.568 Maternal and Child Health Federal Consolidated Programs CFDA93.11 Medical Assistance Program CFDA93.778 Medicare - Hospital Insurance CFDA93.773 Missing Children's Assistance CFDA16.543 National Criminal History Improvement Program CFDA16.554 National Guard Civilian Youth Opportunities CFDA12.404 National Guard Military O & M Projects CFDA12.401 National Motor Carrier Safety Administration CFDA20.218 National School Lunch Program CFDA10.555 Nat'l Institute of Justice Research Evaluation & Development CFDA16.560 Offender Reentry Program CFDA16.202 Part D-Research, Evaluation, Technical Assistance & Training CFDA16.542 Part E State Challenge Activities CFDA16.549 Police Corps CFDA16.712 PPG CFDA 66.605 Prevention & Treatment of Substance Abuse Block Grant ($155,385) ($1,144,809) $40,269 $47,284,420 $300,000 ($31,343) ($1,636,728) ($155,385) ($1,144,809) $40,269 $44,006,749 $300,000 ($28,595) ($1,636,728) $1,823,593 $307,580 $4,067,435 $1,333,389 $1,481 $198,085 $749,837 $40,269 $611,966 ($2,952,906) $170,741 $148,151 $1,607,960 $23,814 $3,050,003 $1,877,672 ($28,595) $311,371 $335,291 $200,000 $324,485 $97,575 $1,653,444 THURSDAY, FEBRUARY 16, 2006 889 CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Program for Neglected and Delinquent Children CFDA84.013 Grants & Agreements for Tuberculosis Control Programs CFDA93.116 Promoting Safe and Stable Families CFDA 93.556 Promotion of the Arts CFDA 45.025 Public Assistance Grants CFDA 97.036 Public Health and Social Services Emergency Fund CFDA93.003 Reduce & Prevent - Children's Exposure to Violence Refugee & Entrant Assistance Discretionary Grants CFDA93.576 Refugee & Entrant Assistance Programs CFDA93.566 Rehab Services-Vocational Rehabilitation Grants to States CFDA84.126 Research on Healthcare Costs, Quality & Outcomes CFDA93.226 Residential Substance Abuse Treatment-State Prisoners CFDA16.593 Safe and Drug-free Schools and Communities CFDA84.186 Safety Incentives to Prevent Oper. of Vehicles by Intoxicated Persons CFDA20.605 Social Security Disability Insurance CFDA 96.001 Social Services Block Grant CFDA 93.667 Special Ed-Infants & Families with Disabilities CFDA84.181 Special Education Grants to States CFDA 84.027 Special Programs for the Aging Nutrition Services CFDA 93.045 Sport Fish Restoration CFDA15.605 Spouse to Teachers CFDA12.999 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 State and Community Highway Safety CFDA20.600 State and Local Homeland Security Training Program CFDA97.005 State and Tribal Response Program Grants CFDA66.804 $81,540 $2,000 ($3,449,500) $15,931,926 ($20,000) $81,540 $2,000 ($3,449,500) $15,931,926 ($20,000) $1,054,763 $227,410 $508,607 $10,031,542 $4,106 $16,975,297 $8,369,836 ($100,000) $1,000 $518,895 $327,169 $942,990 $213,657 $2,474,217 $1,503,602 $16,521 $2,000 $637,019 $1,253,727 $824,881 $25,832 $34,599,107 $6,090,357 $379,429 890 JOURNAL OF THE HOUSE State Court Improvement Program CFDA93.586 State Criminal Alien Assistance Program CFDA16.606 State Domestic Preparedness Equipment Support CFDA97.004 State Fire Training Systems Grants CFDA97.043 State Grants for Innovative Programs CFDA84.298 State Medicaid Fraud Control Units CFDA 93.775 State Planning Grants CFDA93.256 Survey & Certification of Health Care Providers/Suppliers CFDA93.777 Substance Abuse and Mental Health Services, Projects of Regional and National Significance Supplemental Nutrition -Women Infants & Children CFDA10.557 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Block Grant CFDA 93.558 TANF Transfers to Social Services Block Grant TANF Transfers to Child Care Development Fund Temporary Assistance for Needy Families Unobligated Balance Transition to Teaching CFDA84.350 Troops to Teachers CFDA84.815 UIC State Match CFDA66.433 Violence Against Women Formula Grants CFDA16.588 Violent Offender Incarceration & Truth in Sentencing CFDA16.586 Vocational Education Basic Grants CFDA84.048 Water Quality Management Planning CFDA66.454 Wildlife Restoration CFDA15.611 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Donations Forfeitures Private Hospitals $14,382 $3,716,447 $3,716,447 ($17,598) ($912,172) ($470,940) ($26,187,031) $14,382 $3,716,447 $3,716,447 ($17,598) ($912,172) ($470,940) ($38,205,697) ($14,000,000) ($14,000,000) $718,274 $14,382 $16,455,078 $84,600 $29,056 $1,305,438 $186,478 $28,100 $898,442 $147,839,281 $4,003,411 $37,191,399 ($3,487,988) ($29,700,000) ($14,004,629) $1,106,477 $302,869 $400,752 $3,353,509 $157,777 ($385,000) $91,255,728 ($13,953,405) $25,195 $21,400 ($14,000,000) THURSDAY, FEBRUARY 16, 2006 891 Reserved Fund Balances Agency Funds Prior Year Flexible Spending Account Fund Hazardous Waste Trust Fund Motor Fuel Prior Year Funds Solid Waste Trust Fund State Housing Trust Fund Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Authority/local government payments to state agencies Bond Proceeds from prior year Hospital Authorities Lake Lanier Islands Development Authority Bond Payback University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Diversion Center Maintenance - Room and Board Royalties and Rents Not Itemized Sales and Services Academic Department Income Advanced Technology Development Center Income Bulk Paper Sales Collection/Administrative Fees Cooperative Extension Service Income Forestry Cooperative Extension Income Forestry Research Income Inmate Details - City and County Inmate Details - DOT Inmate Details - Georgia Correctional Industries Administration $156,708,525 $157,200,365 ($500,000) $82,010 ($73,850) ($131,561,725) $43,526 ($130,939,285) ($665,966) ($305,228) ($304,202) ($1,026) ($51,028,603) ($2,353,715) $399 ($208,381) $14,139 $156,708,525 $157,200,365 ($500,000) $82,010 ($73,850) ($129,602,894) $275,686 ($129,212,614) ($665,966) ($305,228) ($304,202) ($1,026) ($51,006,100) ($2,353,715) $399 ($185,878) $14,139 $164,983,869 $164,241,203 $196,697 $82,010 $457,000 $6,959 $1,386,943 $1,386,943 ($112,931,974) $9,280,486 $235,701 ($129,212,614) ($665,966) $7,430,419 $14,419,730 $14,419,730 $2,759,537 ($304,202) $3,063,739 $34,444,085 $6,858,296 $160,461 ($2,353,715) $8,626,260 $450,000 $4,000 $130,000 $1,611,230 $4,382,955 $549,639 892 JOURNAL OF THE HOUSE Inmate Store Revenues Park Receipts Patient Payments from Third Party Insurers per 31-2-2 and Patients Regulatory Fees Sales and Services Not Itemized Seedling Sales Sick Call Fees Surplus Property Sales Telephone Commissions Timber Sales Training Fees Tuition and Fees for Higher Education Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Administrative Hearing Payments Agency to Agency Contracts Health Insurance Payments Legal Services - Client Reimbursable per 45-15-4 Mail and Courier Services Merit System Assessments Motor Vehicle Rental Payments Optional Medicaid Services Payments Retirement Payments TOTAL PUBLIC FUNDS Reconciliation of Fund Availability to Fund Application TOTAL FEDERAL FUNDS Child Care Development Fund Unobligated Balance Community Mental Health Services Block Grant CFDA93.958 Low-Income Home Energy Assistance CFDA93.568 ($32,758) ($2,000,000) ($1,456,578) ($32,758) ($2,000,000) ($1,456,578) $367,243 $1,329,456 ($41,196,181) ($3,844,194) ($40,064) $92,192 ($3,462) $230,245,535 $232,118,461 $80,832 $6,300 $56,220 ($2,025,041) $8,763 $741,520,000 ($41,196,181) ($3,844,194) ($40,064) $92,192 ($3,462) $230,245,535 $232,118,461 $80,832 $6,300 $56,220 ($2,025,041) $8,763 $726,726,411 $2,200,000 $2,091,247 ($40,064) $160,000 $400,192 $4,605,342 $396,538 $239,121 $2,275,884 $146,943 $146,943 $250,047,503 $80,000 $8,275,348 $232,118,461 $10,022,000 $94,332 $1,317,420 $156,220 ($2,025,041) $8,763 $1,233,109,093 $128,287,019 $222,813 $987,001 $128,287,019 $222,813 $987,001 $186,905,111 $44,900,427 $222,813 $987,001 THURSDAY, FEBRUARY 16, 2006 893 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Block Grant CFDA 93.558 Temporary Assistance for Needy Families Unobligated Balance TOTAL AGENCY FUNDS Reserved Fund Balances Agency Funds Prior Year Section 1: Georgia Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 1. Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 2. Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $286,964 $286,964 $286,964 $286,964 $126,790,241 $166,869,021 $166,869,021 $166,869,021 $126,790,241 $166,869,021 $166,869,021 $166,869,021 $140,794,870 $165,869,021 $165,869,021 $165,869,021 Section Total (HB85) $9,715,183 $9,715,183 $9,715,183 $9,715,183 $9,715,183 $9,715,183 Final Section Totals $9,715,183 $9,715,183 $9,715,183 $9,715,183 $9,715,183 $9,715,183 $9,715,183 $9,715,183 $9,715,183 $9,715,183 $9,715,183 $9,715,183 Appropriation (HB85) $813,497 $813,497 $813,497 $813,497 $813,497 $813,497 $813,497 $813,497 $813,497 Appropriation (HB1026) $813,497 $813,497 $813,497 $813,497 $813,497 $813,497 $813,497 $813,497 $813,497 Appropriation (HB85) $1,212,412 $1,212,412 $1,212,412 $1,212,412 $1,212,412 $1,212,412 $1,212,412 $1,212,412 $1,212,412 894 JOURNAL OF THE HOUSE Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB1026) $1,212,412 $1,212,412 $1,212,412 $1,212,412 $1,212,412 $1,212,412 $1,212,412 $1,212,412 $1,212,412 3. Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB85) $6,689,602 $6,689,602 $6,689,602 $6,689,602 $6,689,602 $6,689,602 $6,689,602 $6,689,602 $6,689,602 Appropriation (HB1026) $6,689,602 $6,689,602 $6,689,602 $6,689,602 $6,689,602 $6,689,602 $6,689,602 $6,689,602 $6,689,602 4. Senate Budget and Evaluation Office Appropriation (HB85) The purpose is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $999,672 $999,672 $999,672 State General Funds $999,672 $999,672 $999,672 TOTAL PUBLIC FUNDS $999,672 $999,672 $999,672 Senate Budget and Evaluation Office Appropriation (HB1026) The purpose is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $999,672 $999,672 $999,672 State General Funds $999,672 $999,672 $999,672 TOTAL PUBLIC FUNDS $999,672 $999,672 $999,672 Section 2: Georgia House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total (HB85) $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 Final Section Totals $17,216,615 $17,216,615 $17,216,615 THURSDAY, FEBRUARY 16, 2006 895 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 5. House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB85) $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 Appropriation (HB1026) $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total (HB85) $10,154,263 $10,154,263 $10,154,263 $10,154,263 $10,154,263 $10,154,263 Final Section Totals $10,154,263 $10,154,263 $10,154,263 $10,154,263 $10,154,263 $10,154,263 $10,154,263 $10,154,263 $10,154,263 $10,154,263 $10,154,263 $10,154,263 6. Ancillary Activities Appropriation (HB85) The purpose is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,933,862 $4,933,862 $4,933,862 State General Funds $4,933,862 $4,933,862 $4,933,862 TOTAL PUBLIC FUNDS $4,933,862 $4,933,862 $4,933,862 Ancillary Activities Appropriation (HB1026) The purpose is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,933,862 $4,933,862 $4,933,862 896 JOURNAL OF THE HOUSE State General Funds TOTAL PUBLIC FUNDS $4,933,862 $4,933,862 $4,933,862 $4,933,862 $4,933,862 $4,933,862 7. Legislative Fiscal Office Appropriation (HB85) 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 STATE FUNDS $2,209,558 $2,209,558 $2,209,558 State General Funds $2,209,558 $2,209,558 $2,209,558 TOTAL PUBLIC FUNDS $2,209,558 $2,209,558 $2,209,558 Legislative Fiscal Office Appropriation (HB1026) 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 STATE FUNDS $2,209,558 $2,209,558 $2,209,558 State General Funds $2,209,558 $2,209,558 $2,209,558 TOTAL PUBLIC FUNDS $2,209,558 $2,209,558 $2,209,558 8. Office of Legislative Counsel Appropriation (HB85) The purpose is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $3,010,843 $3,010,843 $3,010,843 State General Funds $3,010,843 $3,010,843 $3,010,843 TOTAL PUBLIC FUNDS $3,010,843 $3,010,843 $3,010,843 Office of Legislative Counsel Appropriation (HB1026) The purpose is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $3,010,843 $3,010,843 $3,010,843 State General Funds $3,010,843 $3,010,843 $3,010,843 TOTAL PUBLIC FUNDS $3,010,843 $3,010,843 $3,010,843 Section 4: Audits and Accounts, Department of TOTAL STATE FUNDS State General Funds Section Total (HB85) $30,095,144 $30,095,144 $30,095,144 $30,095,144 $30,095,144 $30,095,144 THURSDAY, FEBRUARY 16, 2006 897 TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $30,095,144 $30,095,144 Final Section Totals $30,095,144 $29,814,719 $30,095,144 $29,814,719 $30,095,144 $29,814,719 $30,095,144 $29,714,719 $29,714,719 $29,714,719 9. Departmental Administration Appropriation (HB85) The purpose is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,596,639 $1,596,639 $1,596,639 State General Funds $1,596,639 $1,596,639 $1,596,639 TOTAL PUBLIC FUNDS $1,596,639 $1,596,639 $1,596,639 Departmental Administration Appropriation (HB1026) The purpose is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,596,639 $1,596,639 $1,596,639 State General Funds $1,596,639 $1,596,639 $1,596,639 TOTAL PUBLIC FUNDS $1,596,639 $1,596,639 $1,596,639 10. Financial Audits Appropriation (HB85) 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 STATE FUNDS $22,831,899 $22,831,899 $22,831,899 State General Funds $22,831,899 $22,831,899 $22,831,899 TOTAL PUBLIC FUNDS $22,831,899 $22,831,899 $22,831,899 Changes in the Size of the Program 10.1 Reduce funds. State General Funds ($280,425) ($380,425) Financial Audits Appropriation (HB1026) 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. 898 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $22,831,899 $22,831,899 $22,831,899 $22,551,474 $22,551,474 $22,551,474 $22,451,474 $22,451,474 $22,451,474 11. Information Systems Audits Appropriation (HB85) 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 STATE FUNDS $1,076,951 $1,076,951 $1,076,951 State General Funds $1,076,951 $1,076,951 $1,076,951 TOTAL PUBLIC FUNDS $1,076,951 $1,076,951 $1,076,951 Information Systems Audits Appropriation (HB1026) 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 STATE FUNDS $1,076,951 $1,076,951 $1,076,951 State General Funds $1,076,951 $1,076,951 $1,076,951 TOTAL PUBLIC FUNDS $1,076,951 $1,076,951 $1,076,951 12. Legislative Services Appropriation (HB85) The purpose is to provide information on retirement system services, promulgation of statewide policies and procedures and provide fiscal note services. TOTAL STATE FUNDS $110,575 $110,575 $110,575 State General Funds $110,575 $110,575 $110,575 TOTAL PUBLIC FUNDS $110,575 $110,575 $110,575 Legislative Services Appropriation (HB1026) The purpose is to provide information on retirement system services, promulgation of statewide policies and procedures and provide fiscal note services. TOTAL STATE FUNDS $110,575 $110,575 $110,575 State General Funds $110,575 $110,575 $110,575 TOTAL PUBLIC FUNDS $110,575 $110,575 $110,575 THURSDAY, FEBRUARY 16, 2006 899 13. Performance Audits Appropriation (HB85) The purpose is to audit state programs to determine their efficiency, effectiveness, economy of operations, and compliance with laws and rules. TOTAL STATE FUNDS $2,426,566 $2,426,566 $2,426,566 State General Funds $2,426,566 $2,426,566 $2,426,566 TOTAL PUBLIC FUNDS $2,426,566 $2,426,566 $2,426,566 Performance Audits Appropriation (HB1026) The purpose is to audit state programs to determine their efficiency, effectiveness, economy of operations, and compliance with laws and rules. TOTAL STATE FUNDS $2,426,566 $2,426,566 $2,426,566 State General Funds $2,426,566 $2,426,566 $2,426,566 TOTAL PUBLIC FUNDS $2,426,566 $2,426,566 $2,426,566 14. Statewide Equalized Adjusted Property Tax Digest Appropriation (HB85) 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 STATE FUNDS $2,052,514 $2,052,514 $2,052,514 State General Funds $2,052,514 $2,052,514 $2,052,514 TOTAL PUBLIC FUNDS $2,052,514 $2,052,514 $2,052,514 Statewide Equalized Adjusted Property Tax Digest Appropriation (HB1026) 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 STATE FUNDS $2,052,514 $2,052,514 $2,052,514 State General Funds $2,052,514 $2,052,514 $2,052,514 TOTAL PUBLIC FUNDS $2,052,514 $2,052,514 $2,052,514 Section 5: Appeals, Court of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Section Total (HB85) $12,537,586 $12,537,586 $12,537,586 $12,537,586 $90,000 $90,000 $12,537,586 $12,537,586 $90,000 900 JOURNAL OF THE HOUSE Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $90,000 $90,000 $12,627,586 $12,627,586 Final Section Totals $13,707,520 $14,057,520 $13,707,520 $14,057,520 $90,000 $90,000 $90,000 $90,000 $13,797,520 $14,147,520 $90,000 $12,627,586 $13,707,520 $13,707,520 $90,000 $90,000 $13,797,520 15. Court of Appeals Appropriation (HB85) 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 STATE FUNDS $12,537,586 $12,537,586 $12,537,586 State General Funds $12,537,586 $12,537,586 $12,537,586 TOTAL AGENCY FUNDS $90,000 $90,000 $90,000 Sales and Services $90,000 $90,000 $90,000 Sales and Services Not Itemized $90,000 $90,000 $90,000 TOTAL PUBLIC FUNDS $12,627,586 $12,627,586 $12,627,586 Changes in Operations / Administration 15.1 Provide additional funding due to adjusted contractual price for legal online research ($7,745), new GTA charge to PeopleSoft agencies ($6,588), and increased software license and maintenance fees ($13,665). State General Funds $27,998 $27,998 $27,998 15.2 Increase in Rent. State General Funds $49,622 $49,622 $49,622 One-Time Expense 15.3 Provide funding for relocation and renovation of office space for administrative offices ($512,619) in the Health Building and three judges' offices ($563,881) in the Judicial Building. State General Funds $1,076,500 $1,076,500 $1,076,500 15.5 Provide funding for security cameras. State General Funds $350,000 $0 THURSDAY, FEBRUARY 16, 2006 901 Changes in the Size of the Program 15.4 Provide additional funds to cover Merit System Assessments and drug testing for staff. State General Funds $15,814 $15,814 $15,814 Court of Appeals Appropriation (HB1026) 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 STATE FUNDS $13,707,520 $14,057,520 $13,707,520 State General Funds $13,707,520 $14,057,520 $13,707,520 TOTAL AGENCY FUNDS $90,000 $90,000 $90,000 Sales and Services $90,000 $90,000 $90,000 Sales and Services Not Itemized $90,000 $90,000 $90,000 TOTAL PUBLIC FUNDS $13,797,520 $14,147,520 $13,797,520 Section 6: Judicial Council TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Byrne Formula Grant Program CFDA16.579 Child Support Enforcement Title IV-D CFDA93.563 Part D-Research, Evaluation, Technical Assistance & Training CFDA16.542 Prevention & Treatment of Substance Abuse Block Grant CFDA93.959 State and Community Highway Safety CFDA20.600 State Court Improvement Program CFDA93.586 TOTAL AGENCY FUNDS Section Total (HB85) $13,176,292 $13,176,292 $13,176,292 $13,176,292 $13,176,292 $13,176,292 Final Section Totals $13,307,498 $13,307,498 $13,307,498 $13,307,498 $235,282 $235,282 $235,282 $235,282 $13,176,292 $13,176,292 $13,176,292 $12,597,498 $12,597,498 $2,591,770 $231,084 $751,479 $200,000 $333,333 $357,600 $718,274 $633,460 902 JOURNAL OF THE HOUSE Sales and Services TOTAL PUBLIC FUNDS $13,542,780 $13,542,780 $633,460 $15,822,728 16. Georgia Office of Dispute Resolution Appropriation (HB85) The purpose is to oversee the development of court-connected alternative dispute resolution programs in Georgia. TOTAL STATE FUNDS $362,494 $362,494 $362,494 State General Funds $362,494 $362,494 $362,494 TOTAL PUBLIC FUNDS $362,494 $362,494 $362,494 Changes in the Size of the Program 16.1 Recognize agency funds collected from conference and registration fees. Collection/Administrative Fees $189,640 Georgia Office of Dispute Resolution Appropriation (HB1026) The purpose is to oversee the development of court-connected alternative dispute resolution programs in Georgia. TOTAL STATE FUNDS $362,494 $362,494 $362,494 State General Funds $362,494 $362,494 $362,494 TOTAL AGENCY FUNDS $189,640 Sales and Services $189,640 Collection/Administrative Fees $189,640 TOTAL PUBLIC FUNDS $362,494 $362,494 $552,134 17. Institute of Continuing Judicial Education Appropriation (HB85) 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 STATE FUNDS $1,126,382 $1,126,382 $1,126,382 State General Funds $1,126,382 $1,126,382 $1,126,382 TOTAL PUBLIC FUNDS $1,126,382 $1,126,382 $1,126,382 Changes in the Size of the Program 17.1 Provide funding for personal security summit, a course which provides training specifically on the steps that judges and court personnel should themselves take to enhance their own security situations. (S: Look for other alternatives at no cost) State General Funds $10,000 $10,000 $0 THURSDAY, FEBRUARY 16, 2006 903 17.2 Recognize agency funds collected from magistrate tuition, municipal tuition, and registration fees. Training Fees $214,326 Institute of Continuing Judicial Education Appropriation (HB1026) 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 STATE FUNDS $1,136,382 $1,136,382 $1,126,382 State General Funds $1,136,382 $1,136,382 $1,126,382 TOTAL AGENCY FUNDS $214,326 Sales and Services $214,326 Training Fees $214,326 TOTAL PUBLIC FUNDS $1,136,382 $1,136,382 $1,340,708 18. Judicial Council Appropriation (HB85) 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 STATE FUNDS $10,629,370 $10,629,370 $10,629,370 State General Funds $10,629,370 $10,629,370 $10,629,370 TOTAL PUBLIC FUNDS $10,629,370 $10,629,370 $10,629,370 Changes in the Size of the Program 18.1 Provide matching funds for new federal grant applied for to expand the Child Support Judicial Liaison program. State General Funds $121,206 $121,206 $121,206 Child Support Enforcement Title IV-D CFDA93.563 $235,282 $235,282 $235,282 TOTAL PUBLIC FUNDS $356,488 $356,488 $356,488 18.2 Recognize agency funds collected through foundation grants, document sales, registration fees, and miscellaneous revenue. Sales and Services Not Itemized $229,494 18.3 Adjust base budget to reflect non-itemized program adjustments over the past five years. Reduction in Administration not direct services. State General Funds ($700,000) 18.4 Recognize funds from federal grants to evaluate and improve the process of civil child abuse and neglect cases. State Court Improvement Program CFDA93.586 $718,274 904 JOURNAL OF THE HOUSE 18.5 Recognize funds received from federal grants to develop a web-based Uniform Traffic Citation Improvement Program in Georgia courts to facilitate electronic transmission of traffic citation data to meet new federal requirements. State and Community Highway Safety CFDA20.600 $157,600 18.6 Recognize federal funds received for the National Highway Safety Demonstration Project to fund three pilot DUI Courts. State and Community Highway Safety CFDA20.600 $200,000 18.7 Recognize federal funds received to develop a data collection system for Juvenile Court performance measures. Part D-Research, Evaluation, Technical Assistance & Training $200,000 CFDA16.542 18.8 Recognize federal funds received for Drug Courts. Byrne Formula Grant Program CFDA16.579 $223,209 18.9 Recognize federal funds received to provide classes in coping skills, anger management, family interaction and communication, parenting and self-esteem for Juvenile Courts. Byrne Formula Grant Program CFDA16.579 $7,875 18.10 Recognize federal funds to provide funding for an e-filing system to be developed to allow the Office of Child Support Guidelines Commission to electronically file documents. Child Support Enforcement Title IV-D CFDA93.563 $516,197 18.11 Recognize federal funds to provide staffing for the Georgia Alliance for Drug Endangered Children. Prevention & Treatment of Substance Abuse Block Grant $333,333 CFDA93.959 Judicial Council Appropriation (HB1026) 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 STATE FUNDS $10,750,576 $10,750,576 $10,050,576 State General Funds $10,750,576 $10,750,576 $10,050,576 TOTAL FEDERAL FUNDS $235,282 $235,282 $2,591,770 Byrne Formula Grant Program CFDA16.579 $231,084 Child Support Enforcement Title IV-D CFDA93.563 $235,282 $235,282 $751,479 Part D-Research, Evaluation, Technical Assistance & Training $200,000 CFDA16.542 Prevention & Treatment of Substance Abuse Block Grant $333,333 THURSDAY, FEBRUARY 16, 2006 905 CFDA93.959 State and Community Highway Safety CFDA20.600 State Court Improvement Program CFDA93.586 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $10,985,858 $10,985,858 $357,600 $718,274 $229,494 $229,494 $229,494 $12,871,840 19. Judicial Qualifications Commission Appropriation (HB85) The purpose is to discipline, remove, and cause involuntary retirement of judges. TOTAL STATE FUNDS $258,046 $258,046 $258,046 State General Funds $258,046 $258,046 $258,046 TOTAL PUBLIC FUNDS $258,046 $258,046 $258,046 Judicial Qualifications Commission Appropriation (HB1026) The purpose is to discipline, remove, and cause involuntary retirement of judges. TOTAL STATE FUNDS $258,046 $258,046 $258,046 State General Funds $258,046 $258,046 $258,046 TOTAL PUBLIC FUNDS $258,046 $258,046 $258,046 20. Resource Center Appropriation (HB85) The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings. TOTAL STATE FUNDS $800,000 $800,000 $800,000 State General Funds $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $800,000 $800,000 $800,000 Resource Center Appropriation (HB1026) The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings. TOTAL STATE FUNDS $800,000 $800,000 $800,000 State General Funds $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $800,000 $800,000 $800,000 906 JOURNAL OF THE HOUSE Section 7: Juvenile Courts TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Juvenile Accountability Incentive Block Grants CFDA16.523 TOTAL PUBLIC FUNDS Section Total (HB85) $6,233,940 $6,233,940 $6,233,940 $6,233,940 $6,233,940 $6,233,940 Final Section Totals $6,292,039 $6,292,039 $6,292,039 $6,292,039 $6,292,039 $6,292,039 $6,233,940 $6,233,940 $6,233,940 $6,292,039 $6,292,039 $1,102,706 $1,102,706 $7,394,745 21. Council of Juvenile Court Judges Appropriation (HB85) 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 STATE FUNDS $1,519,101 $1,519,101 $1,519,101 State General Funds $1,519,101 $1,519,101 $1,519,101 TOTAL PUBLIC FUNDS $1,519,101 $1,519,101 $1,519,101 Changes in Operations / Administration 21.1 Transfer funds to Grants to Counties for Juvenile Court Judges to properly place funds for new judgeships created in HB85. State General Funds ($41,603) Changes in the Size of the Program 21.2 Recognize federal funds for the purchase of services for juvenile offenders that provides alternatives to institutional treatment and hopes to reduce formal court involvement, recidivism rates, and incarceration of minors. Juvenile Accountability Incentive Block Grants CFDA16.523 $1,102,706 Council of Juvenile Court Judges Appropriation (HB1026) 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 STATE FUNDS $1,519,101 $1,519,101 $1,477,498 State General Funds $1,519,101 $1,519,101 $1,477,498 THURSDAY, FEBRUARY 16, 2006 907 TOTAL FEDERAL FUNDS Juvenile Accountability Incentive Block Grants CFDA16.523 TOTAL PUBLIC FUNDS $1,519,101 $1,519,101 $1,102,706 $1,102,706 $2,580,204 22. Grants to Counties for Juvenile Court Judges Appropriation (HB85) This program mandates payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $4,714,839 $4,714,839 $4,714,839 State General Funds $4,714,839 $4,714,839 $4,714,839 TOTAL PUBLIC FUNDS $4,714,839 $4,714,839 $4,714,839 Changes in Operations / Administration 22.1 Provide funding for increased request from Toombs County to increase judge days from two days to three days per week. State General Funds $10,430 $10,430 $10,430 22.2 Provide funding for salary supplements as required by HB334. State General Funds $47,669 $47,669 $47,669 22.3 Transfer funds from Council of Juvenile Court Judges to properly place funds for new judgeships created in HB85. State General Funds $41,603 Grants to Counties for Juvenile Court Judges Appropriation (HB1026) This program mandates payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $4,772,938 $4,772,938 $4,814,541 State General Funds $4,772,938 $4,772,938 $4,814,541 TOTAL PUBLIC FUNDS $4,772,938 $4,772,938 $4,814,541 Section 8: Prosecuting Attorneys TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total (HB85) $43,925,448 $43,925,448 $43,925,448 $43,925,448 $1,767,046 $1,767,046 $1,767,046 $1,767,046 $45,692,494 $45,692,494 Final Section Totals $43,925,448 $43,925,448 $1,767,046 $1,767,046 $45,692,494 908 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Asset Forfeiture CFDA99.OFA Child Support Enforcement Title IV-D CFDA93.563 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 State and Community Highway Safety CFDA20.600 TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS $51,014,615 $51,014,615 $1,767,046 $1,767,046 $52,781,661 $49,964,615 $49,964,615 $1,767,046 $1,767,046 $51,731,661 $49,409,578 $49,409,578 $2,260,495 $146,804 $1,767,046 $333,400 $13,245 $4,004,800 $4,004,800 $55,674,873 23. District Attorneys Appropriation (HB85) 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 STATE FUNDS $39,495,618 $39,495,618 $39,495,618 State General Funds $39,495,618 $39,495,618 $39,495,618 TOTAL AGENCY FUNDS $1,767,046 $1,767,046 $1,767,046 Sales and Services $1,767,046 $1,767,046 $1,767,046 Sales and Services Not Itemized $1,767,046 $1,767,046 $1,767,046 TOTAL PUBLIC FUNDS $41,262,664 $41,262,664 $41,262,664 Changes in Operations / Administration 23.1 Provide funds for one month of payroll. State General Funds $3,506,460 $2,972,720 $2,972,720 23.2 Provide funds for steps and promotions for January through June 2006. State General Funds $549,699 $549,699 $549,699 23.3 Provide funds for 2% pay raise effective January 2006. State General Funds $421,046 $421,046 $421,046 23.4 Provide funds for operating for two months. State General Funds $357,634 $357,634 $357,634 THURSDAY, FEBRUARY 16, 2006 909 Changes in How the Program is Funded 23.9 Change base budget in agency funds to correct fund source type. Child Support Enforcement Title IV-D CFDA93.563 $1,767,046 Sales and Services Not Itemized ($1,767,046) TOTAL PUBLIC FUNDS $0 Changes in the Size of the Program 23.5 Provide funds for five additional Assistant District Attorneys due to additional judgeships in Flint, Appalachian, Gwinnett, Southern, and Cherokee circuits. State General Funds $194,145 $0 $0 23.6 Provide funds for seven additional Victim Advocates. State General Funds $148,131 $0 $0 23.7 Recognize federal and agency funds. Asset Forfeiture CFDA99.OFA $146,804 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $333,400 State and Community Highway Safety CFDA20.600 $13,245 Authority/local government payments to state agencies $4,004,800 TOTAL PUBLIC FUNDS $4,498,249 23.8 Transfer funds to Prosecuting Attorney's Council to properly place funds for the Capital Litigation Division created in HB85. State General Funds ($300,000) District Attorneys Appropriation (HB1026) 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 STATE FUNDS $44,672,733 $43,796,717 $43,496,717 State General Funds $44,672,733 $43,796,717 $43,496,717 TOTAL FEDERAL FUNDS $2,260,495 Asset Forfeiture CFDA99.OFA $146,804 Child Support Enforcement Title IV-D CFDA93.563 $1,767,046 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $333,400 State and Community Highway Safety CFDA20.600 $13,245 TOTAL AGENCY FUNDS $1,767,046 $1,767,046 $4,004,800 910 JOURNAL OF THE HOUSE Intergovernmental Transfers Authority/local government payments to state agencies Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,767,046 $1,767,046 $46,439,779 $1,767,046 $1,767,046 $45,563,763 $4,004,800 $4,004,800 $49,762,012 24. Prosecuting Attorney's Council Appropriation (HB85) This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $4,429,830 $4,429,830 $4,429,830 State General Funds $4,429,830 $4,429,830 $4,429,830 TOTAL PUBLIC FUNDS $4,429,830 $4,429,830 $4,429,830 Changes in Operations / Administration 24.1 Provide funds for intern positions. State General Funds $83,160 $83,160 $83,160 24.2 Provide funds for four months payroll. State General Funds $1,234,200 $1,234,200 $0 24.3 Provide funds for operating for two months. State General Funds $326,165 $326,165 $0 24.4 Provide funds for real estate increases. State General Funds $27,214 $27,214 $27,214 24.5 Annualize the FY2005 Pay Raise of 2% effective January 2005. State General Funds $30,072 $30,072 $0 24.6 Provide funds for the FY2006 pay raise of 2% effective January 2006. State General Funds $37,257 $37,257 $37,257 24.9 Restore budget to HB85 level. State General Funds $1,035,400 Changes in the Size of the Program 24.7 Provide for three positions in the capital litigation group - two attorneys and one investigator. State General Funds $173,984 $0 $0 24.8 Transfer funds from District Attorneys to properly place funds for the Capital Litigation Division created in HB85. State General Funds $300,000 THURSDAY, FEBRUARY 16, 2006 911 Prosecuting Attorney's Council Appropriation (HB1026) This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $6,341,882 $6,167,898 $5,912,861 State General Funds $6,341,882 $6,167,898 $5,912,861 TOTAL PUBLIC FUNDS $6,341,882 $6,167,898 $5,912,861 Section 9: Public Defender Standards Council, Georgia TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income TOTAL PUBLIC FUNDS Section Total (HB85) $42,079,060 $42,079,060 $42,079,060 $42,079,060 $1,972,832 $1,972,832 $1,972,832 $1,972,832 $44,051,892 $44,051,892 Final Section Totals $42,241,266 $40,241,266 $42,241,266 $40,241,266 $1,972,832 $1,972,832 $1,972,832 $1,972,832 $44,214,098 $42,214,098 $42,079,060 $42,079,060 $1,972,832 $1,972,832 $44,051,892 $37,079,060 $37,079,060 $3,359,775 $3,359,775 $40,438,835 25. Public Defender Standards Council Appropriation (HB85) The Standards Council provides administrative, fiscal, appellate, and technology support to public defender offices including all training. The Standards Council also represents 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 STATE FUNDS $10,607,210 $10,607,210 $10,607,210 State General Funds $10,607,210 $10,607,210 $10,607,210 TOTAL AGENCY FUNDS $559,797 $559,797 $559,797 Interest and Investment Income $559,797 $559,797 $559,797 Interest and Investment Income Not Itemized $559,797 $559,797 $559,797 TOTAL PUBLIC FUNDS $11,167,007 $11,167,007 $11,167,007 912 JOURNAL OF THE HOUSE Changes in the Size of the Program 25.1 Reduce operating funds. State General Funds ($2,000,000) 25.2 Recognize funds collected from the Clerk and Sheriffs Interest Fund. Interest and Investment Income Not Itemized $329,989 Public Defender Standards Council Appropriation (HB1026) The Standards Council provides administrative, fiscal, appellate, and technology support to public defender offices including all training. The Standards Council also represents 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 STATE FUNDS $10,607,210 $10,607,210 $8,607,210 State General Funds $10,607,210 $10,607,210 $8,607,210 TOTAL AGENCY FUNDS $559,797 $559,797 $889,786 Interest and Investment Income $559,797 $559,797 $889,786 Interest and Investment Income Not Itemized $559,797 $559,797 $889,786 TOTAL PUBLIC FUNDS $11,167,007 $11,167,007 $9,496,996 26. Public Defenders Appropriation (HB85) 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 STATE FUNDS $31,471,850 $31,471,850 $31,471,850 State General Funds $31,471,850 $31,471,850 $31,471,850 TOTAL AGENCY FUNDS $1,413,035 $1,413,035 $1,413,035 Interest and Investment Income $1,413,035 $1,413,035 $1,413,035 Interest and Investment Income Not Itemized $1,413,035 $1,413,035 $1,413,035 TOTAL PUBLIC FUNDS $32,884,885 $32,884,885 $32,884,885 Changes in the Size of the Program 26.1 Provide additional funds for positions added in circuits for five new judgeships in Flint, Appalachian, Gwinnett, Southern, and Cherokee circuits. State General Funds $162,206 $162,206 $0 26.2 Reduce operating funds. State General Funds ($2,000,000) ($3,000,000) THURSDAY, FEBRUARY 16, 2006 913 26.3 Recognize additional funds collected from the Interest On Lawyer Trust Accounts. Interest and Investment Income Not Itemized $1,056,954 Public Defenders Appropriation (HB1026) 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 STATE FUNDS $31,634,056 $29,634,056 $28,471,850 State General Funds $31,634,056 $29,634,056 $28,471,850 TOTAL AGENCY FUNDS $1,413,035 $1,413,035 $2,469,989 Interest and Investment Income $1,413,035 $1,413,035 $2,469,989 Interest and Investment Income Not Itemized $1,413,035 $1,413,035 $2,469,989 TOTAL PUBLIC FUNDS $33,047,091 $31,047,091 $30,941,839 Section 10: Superior Courts TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total (HB85) $51,488,656 $51,488,656 $51,488,656 $51,488,656 $51,488,656 $51,488,656 Final Section Totals $52,371,465 $52,371,465 $52,371,465 $52,371,465 $52,371,465 $52,371,465 $51,488,656 $51,488,656 $51,488,656 $52,371,465 $52,371,465 $52,371,465 27. Council of Superior Court Clerks Appropriation (HB85) 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 STATE FUNDS $144,925 $144,925 $144,925 State General Funds $144,925 $144,925 $144,925 TOTAL PUBLIC FUNDS $144,925 $144,925 $144,925 Council of Superior Court Clerks Appropriation (HB1026) 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. 914 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $144,925 $144,925 $144,925 $144,925 $144,925 $144,925 $144,925 $144,925 $144,925 28. Council of Superior Court Judges Appropriation (HB85) 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 STATE FUNDS $800,000 $800,000 $800,000 State General Funds $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $800,000 $800,000 $800,000 Changes in Operations / Administration 28.1 Provide funds to replace funds removed by Fiscal Affairs transfer. State General Funds $82,809 $82,809 $82,809 Council of Superior Court Judges Appropriation (HB1026) 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 STATE FUNDS $882,809 $882,809 $882,809 State General Funds $882,809 $882,809 $882,809 TOTAL PUBLIC FUNDS $882,809 $882,809 $882,809 29. Judicial Administrative Districts Appropriation (HB85) 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 liaison between local and state courts. TOTAL STATE FUNDS $2,253,718 $2,253,718 $2,253,718 State General Funds $2,253,718 $2,253,718 $2,253,718 TOTAL PUBLIC FUNDS $2,253,718 $2,253,718 $2,253,718 Judicial Administrative Districts Appropriation (HB1026) 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 liaison between local and state courts. THURSDAY, FEBRUARY 16, 2006 915 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,253,718 $2,253,718 $2,253,718 $2,253,718 $2,253,718 $2,253,718 $2,253,718 $2,253,718 $2,253,718 30. Statewide Felony and Juvenile Drug Courts Appropriation (HB85) 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 STATE FUNDS $1,000,000 $1,000,000 $1,000,000 State General Funds $1,000,000 $1,000,000 $1,000,000 TOTAL PUBLIC FUNDS $1,000,000 $1,000,000 $1,000,000 Statewide Felony and Juvenile Drug Courts Appropriation (HB1026) 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 STATE FUNDS $1,000,000 $1,000,000 $1,000,000 State General Funds $1,000,000 $1,000,000 $1,000,000 TOTAL PUBLIC FUNDS $1,000,000 $1,000,000 $1,000,000 31. Superior Court Judges Appropriation (HB85) 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 STATE FUNDS $47,290,013 $47,290,013 $47,290,013 State General Funds $47,290,013 $47,290,013 $47,290,013 TOTAL PUBLIC FUNDS $47,290,013 $47,290,013 $47,290,013 Changes in Operations / Administration 31.1 Provide funds to replace funds removed by Fiscal Affairs transfer. State General Funds $800,000 $800,000 $800,000 Superior Court Judges Appropriation (HB1026) 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. 916 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $48,090,013 $48,090,013 $48,090,013 $48,090,013 $48,090,013 $48,090,013 $48,090,013 $48,090,013 $48,090,013 Section 11: Supreme Court TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total (HB85) $7,647,980 $7,647,980 $7,647,980 $7,647,980 $7,647,980 $7,647,980 Final Section Totals $7,647,980 $7,647,980 $7,647,980 $7,647,980 $7,647,980 $7,647,980 $7,647,980 $7,647,980 $7,647,980 $7,647,980 $7,647,980 $7,647,980 32. Supreme Court of Georgia Appropriation (HB85) 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 STATE FUNDS $7,647,980 $7,647,980 $7,647,980 State General Funds $7,647,980 $7,647,980 $7,647,980 TOTAL PUBLIC FUNDS $7,647,980 $7,647,980 $7,647,980 Supreme Court of Georgia Appropriation (HB1026) 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 STATE FUNDS $7,647,980 $7,647,980 $7,647,980 State General Funds $7,647,980 $7,647,980 $7,647,980 TOTAL PUBLIC FUNDS $7,647,980 $7,647,980 $7,647,980 THURSDAY, FEBRUARY 16, 2006 917 Section 12: Accounting Office, State TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS Section Total (HB85) $1,723,889 $1,723,889 $1,723,889 $1,723,889 $8,855,794 $8,855,794 $10,579,683 $10,579,683 Final Section Totals $4,326,862 $4,326,862 $4,326,862 $4,326,862 $8,855,794 $8,855,794 $13,182,656 $13,182,656 $1,723,889 $1,723,889 $8,855,794 $10,579,683 $3,797,878 $3,797,878 $8,855,794 $12,653,672 33. State Accounting Office Appropriation (HB85) 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 STATE FUNDS $1,723,889 $1,723,889 $1,723,889 State General Funds $1,723,889 $1,723,889 $1,723,889 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $8,855,794 $8,855,794 $8,855,794 Accounting System Assessments $8,855,794 $8,855,794 $8,855,794 TOTAL PUBLIC FUNDS $10,579,683 $10,579,683 $10,579,683 One-Time Expense 33.1 Provide funding to analyze business processes in the finance and information technology areas and identify improvements and cost saving opportunities. State General Funds $144,000 $144,000 $144,000 Changes in the Size of the Program 33.2 Increase funds to implement the consolidated banking initiative. State General Funds $1,758,173 $1,758,173 $1,758,173 33.3 Increase funds for accounts receivable initiative. State General Funds $700,800 $700,800 $700,800 33.4 Reduce funds based on estimated expenditures of only 95% of budget. State General Funds ($528,984) 918 JOURNAL OF THE HOUSE State Accounting Office Appropriation (HB1026) 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 STATE FUNDS $4,326,862 $4,326,862 $3,797,878 State General Funds $4,326,862 $4,326,862 $3,797,878 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $8,855,794 $8,855,794 $8,855,794 Accounting System Assessments $8,855,794 $8,855,794 $8,855,794 TOTAL PUBLIC FUNDS $13,182,656 $13,182,656 $12,653,672 Section 13: Administrative Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services Section Total (HB85) $24,762,477 $24,762,477 $24,762,477 $24,762,477 $9,923,958 $9,923,958 $2,020,000 $2,020,000 $262,121 $262,121 $497,831 $497,831 $210,151 $210,151 $6,933,855 $6,933,855 $143,043,553 $143,043,553 $177,729,988 $177,729,988 Final Section Totals $24,777,639 $24,777,639 $24,777,639 $24,777,639 $7,522,105 $7,522,105 $2,020,000 $2,020,000 $262,121 $262,121 $497,831 $497,831 $210,151 $210,151 $4,532,002 $4,532,002 $24,762,477 $24,762,477 $9,923,958 $2,020,000 $262,121 $497,831 $210,151 $6,933,855 $143,043,553 $177,729,988 $24,070,030 $24,070,030 $8,209,289 $2,399,184 $262,121 $497,831 $210,151 $4,840,002 THURSDAY, FEBRUARY 16, 2006 919 TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS $143,180,605 $175,480,349 $143,180,605 $175,480,349 $143,842,894 $176,122,213 34. Bulk Paper Sales Appropriation (HB85) The purpose is to reduce cost through aggregation of demand for paper in bulk quantities. TOTAL AGENCY FUNDS $2,353,715 $2,353,715 $2,353,715 Sales and Services $2,353,715 $2,353,715 $2,353,715 Bulk Paper Sales $2,353,715 $2,353,715 $2,353,715 TOTAL PUBLIC FUNDS $2,353,715 $2,353,715 $2,353,715 Changes in the Size of the Program 34.1 Eliminate the Bulk Paper Sales program. Bulk Paper Sales ($2,261,523) ($2,261,523) ($2,261,523) 34.2 Transfer one position and salary to Surplus Property program. Bulk Paper Sales ($92,192) ($92,192) ($92,192) 35. Departmental Administration Appropriation (HB85) The purpose is to provide administrative support to all department programs. TOTAL STATE FUNDS $3,514,361 $3,514,361 $3,514,361 State General Funds $3,514,361 $3,514,361 $3,514,361 TOTAL AGENCY FUNDS $849,268 $849,268 $849,268 Interest and Investment Income $62,121 $62,121 $62,121 Interest and Investment Income Not Itemized $62,121 $62,121 $62,121 Royalties and Rents $59,151 $59,151 $59,151 Royalties and Rents Not Itemized $59,151 $59,151 $59,151 Sales and Services $727,996 $727,996 $727,996 Sales and Services Not Itemized $20,387 $20,387 $20,387 Surplus Property Sales $707,609 $707,609 $707,609 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,180,740 $1,180,740 $1,180,740 Agency to Agency Contracts $21,818 $21,818 $21,818 Mail and Courier Services $250,719 $250,719 $250,719 Motor Vehicle Rental Payments $203,686 $203,686 $203,686 920 JOURNAL OF THE HOUSE Risk Management Assessments $704,517 $704,517 $704,517 TOTAL PUBLIC FUNDS $5,544,369 $5,544,369 $5,544,369 Statewide Changes 35.1 WC, GTA, and GBA State General Funds $4,581 $4,581 $4,581 Changes in the Size of the Program 35.2 Reduce funds based on current expenditure patterns and the lack of use of Surplus Property Sales funds. State General Funds ($707,609) Departmental Administration Appropriation (HB1026) The purpose is to provide administrative support to all department programs. TOTAL STATE FUNDS $3,518,942 $3,518,942 $2,811,333 State General Funds $3,518,942 $3,518,942 $2,811,333 TOTAL AGENCY FUNDS $849,268 $849,268 $849,268 Interest and Investment Income $62,121 $62,121 $62,121 Interest and Investment Income Not Itemized $62,121 $62,121 $62,121 Royalties and Rents $59,151 $59,151 $59,151 Royalties and Rents Not Itemized $59,151 $59,151 $59,151 Sales and Services $727,996 $727,996 $727,996 Sales and Services Not Itemized $20,387 $20,387 $20,387 Surplus Property Sales $707,609 $707,609 $707,609 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,180,740 $1,180,740 $1,180,740 Agency to Agency Contracts $21,818 $21,818 $21,818 Mail and Courier Services $250,719 $250,719 $250,719 Motor Vehicle Rental Payments $203,686 $203,686 $203,686 Risk Management Assessments $704,517 $704,517 $704,517 TOTAL PUBLIC FUNDS $5,548,950 $5,548,950 $4,841,341 36. Fiscal Services Appropriation (HB85) 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. THURSDAY, FEBRUARY 16, 2006 921 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $307,228 $307,228 $307,228 Agency to Agency Contracts $307,228 $307,228 $307,228 TOTAL PUBLIC FUNDS $307,228 $307,228 $307,228 Fiscal Services Appropriation (HB1026) 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 INTRA-STATE GOVERNMENT TRANSFERS $307,228 $307,228 $307,228 Agency to Agency Contracts $307,228 $307,228 $307,228 TOTAL PUBLIC FUNDS $307,228 $307,228 $307,228 37. Fleet Management Appropriation (HB85) The purpose is to reduce cost through centralized, appropriate, and cost-effective management of the state's motor vehicle fleet. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,409,075 $2,409,075 $2,409,075 Motor Vehicle Rental Payments $2,409,075 $2,409,075 $2,409,075 TOTAL PUBLIC FUNDS $2,409,075 $2,409,075 $2,409,075 One-Time Expense 37.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for agency funds to hire a consultant engaged in the collection of Federal Fuel Tax recovery. Motor Vehicle Rental Payments $100,000 Changes in the Size of the Program 37.1 Transfer one position and salary from Service Contract Management program. Motor Vehicle Rental Payments $56,220 $56,220 $56,220 Fleet Management Appropriation (HB1026) The purpose is to reduce cost through centralized, appropriate, and cost-effective management of the state's motor vehicle fleet. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,465,295 $2,465,295 $2,565,295 Motor Vehicle Rental Payments $2,465,295 $2,465,295 $2,565,295 TOTAL PUBLIC FUNDS $2,465,295 $2,465,295 $2,565,295 922 JOURNAL OF THE HOUSE 38. Mail and Courier Appropriation (HB85) The purpose is to reduce cost through aggregation of demand for Capitol Hill and metro area mail and package delivery services. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,281,259 $1,281,259 $1,281,259 Mail and Courier Services $1,281,259 $1,281,259 $1,281,259 TOTAL PUBLIC FUNDS $1,281,259 $1,281,259 $1,281,259 One-Time Expense 38.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for agency funds to hire temps. Mail and Courier Services $13,500 Changes in the Size of the Program 38.1 Transfer funds and activities from Service Contract Management program. Mail and Courier Services $80,832 $80,832 $80,832 Mail and Courier Appropriation (HB1026) The purpose is to reduce cost through aggregation of demand for Capitol Hill and metro area mail and package delivery services. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,362,091 $1,362,091 $1,375,591 Mail and Courier Services $1,362,091 $1,362,091 $1,375,591 TOTAL PUBLIC FUNDS $1,362,091 $1,362,091 $1,375,591 39. Risk Management Appropriation (HB85) The purpose is cost minimization and fair treatment of citizens through effective claims management. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $137,263,943 $137,263,943 $137,263,943 Agency to Agency Contracts $976,165 $976,165 $976,165 Liability Funds $51,741,328 $51,741,328 $51,741,328 Property Insurance Funds $20,659,798 $20,659,798 $20,659,798 Unemployment Compensation Funds $8,045,289 $8,045,289 $8,045,289 Workers Compensation Funds $55,841,363 $55,841,363 $55,841,363 TOTAL PUBLIC FUNDS $137,263,943 $137,263,943 $137,263,943 Risk Management Appropriation (HB1026) The purpose is cost minimization and fair treatment of citizens through effective claims management. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $137,263,943 $137,263,943 $137,263,943 THURSDAY, FEBRUARY 16, 2006 923 Agency to Agency Contracts Liability Funds Property Insurance Funds Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $976,165 $51,741,328 $20,659,798 $8,045,289 $55,841,363 $137,263,943 $976,165 $51,741,328 $20,659,798 $8,045,289 $55,841,363 $137,263,943 $976,165 $51,741,328 $20,659,798 $8,045,289 $55,841,363 $137,263,943 40. Service Contract Management Appropriation (HB85) The purpose is to provide customer cost avoidance for service contracts through aggregation of demand, competitive procurement, and contract management. TOTAL AGENCY FUNDS $140,330 $140,330 $140,330 Sales and Services $140,330 $140,330 $140,330 Sales and Services Not Itemized $140,330 $140,330 $140,330 TOTAL PUBLIC FUNDS $140,330 $140,330 $140,330 Changes in the Size of the Program 40.1 Eliminate the Service Contract Management program. Sales and Services Not Itemized ($3,278) ($3,278) ($3,278) 40.2 Transfer one position and salary to Fleet Management program. Sales and Services Not Itemized ($56,220) ($56,220) ($56,220) 40.3 Transfer funds and activities to Mail and Courier program. Sales and Services Not Itemized ($80,832) ($80,832) ($80,832) 42. State Purchasing Appropriation (HB85) The purpose is to reduce cost and provide fair and equitable access through open, structured competitive procurement. TOTAL STATE FUNDS $16,623,841 $16,623,841 $16,623,841 State General Funds $16,623,841 $16,623,841 $16,623,841 TOTAL AGENCY FUNDS $2,167,831 $2,167,831 $2,167,831 Reserved Fund Balances $2,020,000 $2,020,000 $2,020,000 Universal Service Fund $2,020,000 $2,020,000 $2,020,000 Rebates, Refunds, and Reimbursements $147,831 $147,831 $147,831 Purchasing Card rebates $147,831 $147,831 $147,831 924 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $18,791,672 $18,791,672 $18,791,672 Statewide Changes 42.1 WC, GTA, and GBA State General Funds $6,080 $6,080 $6,080 Changes in the Size of the Program 42.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for departmental reserves to add eleven positions for the Enterprise Asset Management Program and funds for ten new positions transferred from GTA. Agency Funds Prior Year $379,184 Agency to Agency Contracts $468,789 TOTAL PUBLIC FUNDS $847,973 State Purchasing Appropriation (HB1026) The purpose is to reduce cost and provide fair and equitable access through open, structured competitive procurement. TOTAL STATE FUNDS $16,629,921 $16,629,921 $16,629,921 State General Funds $16,629,921 $16,629,921 $16,629,921 TOTAL AGENCY FUNDS $2,167,831 $2,167,831 $2,547,015 Reserved Fund Balances $2,020,000 $2,020,000 $2,399,184 Agency Funds Prior Year $379,184 Universal Service Fund $2,020,000 $2,020,000 $2,020,000 Rebates, Refunds, and Reimbursements $147,831 $147,831 $147,831 Purchasing Card rebates $147,831 $147,831 $147,831 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $468,789 Agency to Agency Contracts $468,789 TOTAL PUBLIC FUNDS $18,797,752 $18,797,752 $19,645,725 43. Surplus Property Appropriation (HB85) The purpose is to reduce cost through maximization of the useful life of state-owned equipment. TOTAL AGENCY FUNDS $1,885,035 $1,885,035 $1,885,035 Sales and Services $1,885,035 $1,885,035 $1,885,035 Surplus Property Sales $1,885,035 $1,885,035 $1,885,035 TOTAL PUBLIC FUNDS $1,885,035 $1,885,035 $1,885,035 Changes in the Size of the Program THURSDAY, FEBRUARY 16, 2006 925 43.1 Transfer one position and salary from the Bulk Paper Sales program. Surplus Property Sales $92,192 $92,192 $92,192 43.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for agency funds to lease a new warehouse. Surplus Property Sales $308,000 Surplus Property Appropriation (HB1026) The purpose is to reduce cost through maximization of the useful life of state-owned equipment. TOTAL AGENCY FUNDS $1,977,227 $1,977,227 $2,285,227 Sales and Services $1,977,227 $1,977,227 $2,285,227 Surplus Property Sales $1,977,227 $1,977,227 $2,285,227 TOTAL PUBLIC FUNDS $1,977,227 $1,977,227 $2,285,227 44. U.S. Post Office Appropriation (HB85) The purpose is to provide convenient and cost-effective postal services to agencies and individuals. TOTAL STATE FUNDS $9,593 $9,593 $9,593 State General Funds $9,593 $9,593 $9,593 TOTAL AGENCY FUNDS $151,000 $151,000 $151,000 Royalties and Rents $151,000 $151,000 $151,000 Royalties and Rents Not Itemized $151,000 $151,000 $151,000 TOTAL PUBLIC FUNDS $160,593 $160,593 $160,593 Statewide Changes 44.1 WC, GTA, and GBA State General Funds $79 $79 $79 U.S. Post Office Appropriation (HB1026) The purpose is to provide convenient and cost-effective postal services to agencies and individuals. TOTAL STATE FUNDS $9,672 $9,672 $9,672 State General Funds $9,672 $9,672 $9,672 TOTAL AGENCY FUNDS $151,000 $151,000 $151,000 Royalties and Rents $151,000 $151,000 $151,000 Royalties and Rents Not Itemized $151,000 $151,000 $151,000 TOTAL PUBLIC FUNDS $160,672 $160,672 $160,672 926 JOURNAL OF THE HOUSE 45. Administrative Hearings, Office of State Appropriation (HB85) The purpose is to provide an impartial, independent forum for resolving disputes between the public and state agencies. TOTAL STATE FUNDS $3,717,517 $3,717,517 $3,717,517 State General Funds $3,717,517 $3,717,517 $3,717,517 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $601,308 $601,308 $601,308 Administrative Hearing Payments $601,308 $601,308 $601,308 TOTAL PUBLIC FUNDS $4,318,825 $4,318,825 $4,318,825 Statewide Changes 45.1 WC, GTA, and GBA State General Funds $3,948 $3,948 $3,948 Changes in the Size of the Program 45.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for agency funds to reimburse the Department of Public Safety for the provision of security detail for OSAH hearings. Administrative Hearing Payments $80,000 Administrative Hearings, Office of State Appropriation (HB1026) The purpose is to provide an impartial, independent forum for resolving disputes between the public and state agencies. TOTAL STATE FUNDS $3,721,465 $3,721,465 $3,721,465 State General Funds $3,721,465 $3,721,465 $3,721,465 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $601,308 $601,308 $681,308 Administrative Hearing Payments $601,308 $601,308 $681,308 TOTAL PUBLIC FUNDS $4,322,773 $4,322,773 $4,402,773 46. Hazardous Materials, Agency for the Removal of Appropriation (HB85) 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 STATE FUNDS $85,354 $85,354 $85,354 State General Funds $85,354 $85,354 $85,354 TOTAL PUBLIC FUNDS $85,354 $85,354 $85,354 Hazardous Materials, Agency for the Removal of Appropriation (HB1026) 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. THURSDAY, FEBRUARY 16, 2006 927 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $85,354 $85,354 $85,354 $85,354 $85,354 $85,354 $85,354 $85,354 $85,354 47. Health Planning Review Board The purpose is to review decisions made by hearing officers. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Health Planning Review Board The purpose is to review decisions made by hearing officers. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB85) $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 Appropriation (HB1026) $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 48. Payments to Georgia Technology Authority Appropriation (HB85) 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 STATE FUNDS $396,769 $396,769 $396,769 State General Funds $396,769 $396,769 $396,769 TOTAL PUBLIC FUNDS $396,769 $396,769 $396,769 Payments to Georgia Technology Authority Appropriation (HB1026) 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 STATE FUNDS $396,769 $396,769 $396,769 State General Funds $396,769 $396,769 $396,769 TOTAL PUBLIC FUNDS $396,769 $396,769 $396,769 928 JOURNAL OF THE HOUSE 49. Treasury and Fiscal Services, Office of Appropriation (HB85) 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 STATE FUNDS $354,569 $354,569 $354,569 State General Funds $354,569 $354,569 $354,569 TOTAL AGENCY FUNDS $2,376,779 $2,376,779 $2,376,779 Interest and Investment Income $200,000 $200,000 $200,000 Interest and Investment Income Not Itemized $200,000 $200,000 $200,000 Rebates, Refunds, and Reimbursements $350,000 $350,000 $350,000 Rebates, Refunds, and Reimbursements Not Itemized $350,000 $350,000 $350,000 Sales and Services $1,826,779 $1,826,779 $1,826,779 Collection/Administrative Fees $1,826,779 $1,826,779 $1,826,779 TOTAL PUBLIC FUNDS $2,731,348 $2,731,348 $2,731,348 Statewide Changes 49.1 WC, GTA, and GBA State General Funds $474 $474 $474 Treasury and Fiscal Services, Office of Appropriation (HB1026) 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 STATE FUNDS $355,043 $355,043 $355,043 State General Funds $355,043 $355,043 $355,043 TOTAL AGENCY FUNDS $2,376,779 $2,376,779 $2,376,779 Interest and Investment Income $200,000 $200,000 $200,000 Interest and Investment Income Not Itemized $200,000 $200,000 $200,000 Rebates, Refunds, and Reimbursements $350,000 $350,000 $350,000 Rebates, Refunds, and Reimbursements Not Itemized $350,000 $350,000 $350,000 Sales and Services $1,826,779 $1,826,779 $1,826,779 Collection/Administrative Fees $1,826,779 $1,826,779 $1,826,779 TOTAL PUBLIC FUNDS $2,731,822 $2,731,822 $2,731,822 THURSDAY, FEBRUARY 16, 2006 929 Section 14: Agriculture, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Consolidated Pesticide Enforcement CFDA66.700 Food & Drug Administration Research CFDA93.103 Intrastate Meat & Poultry Inspection CFDA10.475 Manufacturing & Services CFDA11.11 Market News CFDA10.153 Plant and Animal Disease, Pest Control, & Animal Care CFDA10.025 TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Consolidated Pesticide Enforcement CFDA66.700 Food & Drug Administration Research CFDA93.103 Intrastate Meat & Poultry Inspection CFDA10.475 Manufacturing & Services CFDA11.11 Market News CFDA10.153 Plant and Animal Disease, Pest Control, & Animal Care CFDA10.025 TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS Section Total (HB85) $40,871,168 $40,871,168 $40,871,168 $40,871,168 $7,076,968 $7,076,968 $675,000 $675,000 $45,000 $45,000 $6,005,308 $6,005,308 $4,808 $4,808 $111,852 $111,852 $235,000 $235,000 $40,871,168 $40,871,168 $7,076,968 $675,000 $45,000 $6,005,308 $4,808 $111,852 $235,000 $1,657,042 $1,657,042 $748,420 $748,420 $908,622 $908,622 $49,605,178 $49,605,178 Final Section Totals $42,346,371 $42,644,085 $42,346,371 $42,644,085 $7,076,968 $7,076,968 $675,000 $675,000 $45,000 $45,000 $6,005,308 $6,005,308 $4,808 $4,808 $111,852 $111,852 $235,000 $235,000 $1,657,042 $748,420 $908,622 $49,605,178 $42,979,063 $42,979,063 $7,076,968 $675,000 $45,000 $6,005,308 $4,808 $111,852 $235,000 $1,657,042 $748,420 $908,622 $51,080,381 $1,657,042 $748,420 $908,622 $51,378,095 $1,657,042 $748,420 $908,622 $51,713,073 930 JOURNAL OF THE HOUSE 50. Athens and Tifton Veterinary Laboratories Appropriation (HB85) 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 STATE FUNDS $3,271,132 $3,271,132 $3,271,132 State General Funds $3,271,132 $3,271,132 $3,271,132 TOTAL PUBLIC FUNDS $3,271,132 $3,271,132 $3,271,132 Athens and Tifton Veterinary Laboratories Appropriation (HB1026) 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 STATE FUNDS $3,271,132 $3,271,132 $3,271,132 State General Funds $3,271,132 $3,271,132 $3,271,132 TOTAL PUBLIC FUNDS $3,271,132 $3,271,132 $3,271,132 51. Consumer Protection Appropriation (HB85) The purpose is to prevent, control and eradicate certain infectious and communicable diseases of livestock. TOTAL STATE FUNDS $20,634,327 $20,634,327 $20,634,327 State General Funds $20,634,327 $20,634,327 $20,634,327 TOTAL FEDERAL FUNDS $7,020,116 $7,020,116 $7,020,116 Consolidated Pesticide Enforcement CFDA66.700 $675,000 $675,000 $675,000 Food & Drug Administration Research CFDA93.103 $45,000 $45,000 $45,000 Intrastate Meat & Poultry Inspection CFDA10.475 $6,005,308 $6,005,308 $6,005,308 Manufacturing & Services CFDA11.11 $4,808 $4,808 $4,808 Market News CFDA10.153 $55,000 $55,000 $55,000 Plant and Animal Disease, Pest Control, & Animal Care $235,000 $235,000 $235,000 CFDA10.025 TOTAL AGENCY FUNDS $1,339,677 $1,339,677 $1,339,677 Intergovernmental Transfers $748,420 $748,420 $748,420 Authority/local government payments to state agencies $748,420 $748,420 $748,420 Sales and Services $591,257 $591,257 $591,257 Regulatory Fees $591,257 $591,257 $591,257 TOTAL PUBLIC FUNDS $28,994,120 $28,994,120 $28,994,120 THURSDAY, FEBRUARY 16, 2006 931 Statewide Changes 51.1 WC, GTA, and GBA State General Funds $33,670 $33,670 $33,670 Changes in the Size of the Program 51.2 Increase the pay grade for plant protection field agents from eleven to twelve and plant protection supervisor from pay grade twelve to thirteen. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 51.4 Reduce funding to reflect savings from implementation of a new pest control certification testing program at Technical Colleges. State General Funds ($116,000) ($17,500) Consumer Protection Appropriation (HB1026) The purpose is to prevent, control and eradicate certain infectious and communicable diseases of livestock. TOTAL STATE FUNDS $20,667,997 $20,551,997 $20,650,497 State General Funds $20,667,997 $20,551,997 $20,650,497 TOTAL FEDERAL FUNDS $7,020,116 $7,020,116 $7,020,116 Consolidated Pesticide Enforcement CFDA66.700 $675,000 $675,000 $675,000 Food & Drug Administration Research CFDA93.103 $45,000 $45,000 $45,000 Intrastate Meat & Poultry Inspection CFDA10.475 $6,005,308 $6,005,308 $6,005,308 Manufacturing & Services CFDA11.11 $4,808 $4,808 $4,808 Market News CFDA10.153 $55,000 $55,000 $55,000 Plant and Animal Disease, Pest Control, & Animal Care $235,000 $235,000 $235,000 CFDA10.025 TOTAL AGENCY FUNDS $1,339,677 $1,339,677 $1,339,677 Intergovernmental Transfers $748,420 $748,420 $748,420 Authority/local government payments to state agencies $748,420 $748,420 $748,420 Sales and Services $591,257 $591,257 $591,257 Regulatory Fees $591,257 $591,257 $591,257 TOTAL PUBLIC FUNDS $29,027,790 $28,911,790 $29,010,290 52. Departmental Administration Appropriation (HB85) The purpose is to provide administrative support for all programs of the department. 932 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $5,967,006 $5,967,006 $5,967,006 State General Funds $5,967,006 $5,967,006 $5,967,006 TOTAL FEDERAL FUNDS $37,776 $37,776 $37,776 Market News CFDA10.153 $37,776 $37,776 $37,776 TOTAL AGENCY FUNDS $211,680 $211,680 $211,680 Sales and Services $211,680 $211,680 $211,680 Collection/Administrative Fees $211,680 $211,680 $211,680 TOTAL PUBLIC FUNDS $6,216,462 $6,216,462 $6,216,462 Statewide Changes 52.1 WC, GTA, and GBA State General Funds $7,479 $7,479 $7,479 One-Time Expense 52.2 Replace fifty (H:twenty five) vehicles used by department inspectors in excess of 135,000 miles. State General Funds $1,027,044 $513,522 $750,000 52.3 Provide funds to automate the food safety inspection process and promote accurate and efficient inspections. State General Funds $245,000 $392,236 $392,236 52.4 Provide funds to automate the weights inspection process and promote accurate and efficient inspections. State General Funds $105,000 $115,000 $115,000 52.5 Provide funds to be matched by $1,000,000 in private funding to construct an addition to the livestock facility in Bainbridge. State General Funds $600,000 $600,000 Departmental Administration Appropriation (HB1026) The purpose is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $7,351,529 $7,595,243 $7,831,721 State General Funds $7,351,529 $7,595,243 $7,831,721 TOTAL FEDERAL FUNDS $37,776 $37,776 $37,776 Market News CFDA10.153 $37,776 $37,776 $37,776 TOTAL AGENCY FUNDS $211,680 $211,680 $211,680 Sales and Services $211,680 $211,680 $211,680 Collection/Administrative Fees $211,680 $211,680 $211,680 TOTAL PUBLIC FUNDS $7,600,985 $7,844,699 $8,081,177 THURSDAY, FEBRUARY 16, 2006 933 53. Marketing and Promotion Appropriation (HB85) The purpose is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally. TOTAL STATE FUNDS $7,857,881 $7,857,881 $7,857,881 State General Funds $7,857,881 $7,857,881 $7,857,881 TOTAL FEDERAL FUNDS $19,076 $19,076 $19,076 Market News CFDA10.153 $19,076 $19,076 $19,076 TOTAL AGENCY FUNDS $105,685 $105,685 $105,685 Sales and Services $105,685 $105,685 $105,685 Sales and Services Not Itemized $105,685 $105,685 $105,685 TOTAL PUBLIC FUNDS $7,982,642 $7,982,642 $7,982,642 Statewide Changes 53.1 WC, GTA, and GBA State General Funds $8,604 $8,604 $8,604 Marketing and Promotion Appropriation (HB1026) The purpose is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally. TOTAL STATE FUNDS $7,866,485 $7,866,485 $7,866,485 State General Funds $7,866,485 $7,866,485 $7,866,485 TOTAL FEDERAL FUNDS $19,076 $19,076 $19,076 Market News CFDA10.153 $19,076 $19,076 $19,076 TOTAL AGENCY FUNDS $105,685 $105,685 $105,685 Sales and Services $105,685 $105,685 $105,685 Sales and Services Not Itemized $105,685 $105,685 $105,685 TOTAL PUBLIC FUNDS $7,991,246 $7,991,246 $7,991,246 54. Poultry Veterinary Diagnostic Labs Appropriation (HB85) The purpose is to provide diagnostic and monitoring services to Georgia poultry growers. TOTAL STATE FUNDS $3,140,822 $3,140,822 $3,140,822 State General Funds $3,140,822 $3,140,822 $3,140,822 TOTAL PUBLIC FUNDS $3,140,822 $3,140,822 $3,140,822 Statewide Changes 54.1 WC, GTA, and GBA 934 JOURNAL OF THE HOUSE State General Funds $48,406 $48,406 $48,406 Changes in the Size of the Program 54.2 Provide funds for a Liquid Handling System for Avian Influenza Virus Testing. State General Funds $170,000 $170,000 Poultry Veterinary Diagnostic Labs Appropriation (HB1026) The purpose is to provide diagnostic and monitoring services to Georgia poultry growers. TOTAL STATE FUNDS $3,189,228 $3,359,228 $3,359,228 State General Funds $3,189,228 $3,359,228 $3,359,228 TOTAL PUBLIC FUNDS $3,189,228 $3,359,228 $3,359,228 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 15: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total (HB85) $10,976,353 $10,976,353 $10,976,353 $10,976,353 $10,976,353 $10,976,353 Final Section Totals $11,062,752 $11,062,752 $11,062,752 $11,062,752 $11,062,752 $11,062,752 $10,976,353 $10,976,353 $10,976,353 $11,062,752 $11,062,752 $11,062,752 55. Chartering, Licensing and Applications/Non-Mortgage Appropriation (HB85) 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 STATE FUNDS $495,504 $495,504 $495,504 State General Funds $495,504 $495,504 $495,504 TOTAL PUBLIC FUNDS $495,504 $495,504 $495,504 Statewide Changes 55.1 WC, GTA, and GBA THURSDAY, FEBRUARY 16, 2006 935 State General Funds $222 $222 $222 Chartering, Licensing and Applications/Non-Mortgage Entities Appropriation (HB1026) 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 STATE FUNDS $495,726 $495,726 $495,726 State General Funds $495,726 $495,726 $495,726 TOTAL PUBLIC FUNDS $495,726 $495,726 $495,726 56. Consumer Protection and Assistance Appropriation (HB85) The purpose is to assist consumers with problems encountered when dealing with department-regulated entities. TOTAL STATE FUNDS $515,920 $515,920 $515,920 State General Funds $515,920 $515,920 $515,920 TOTAL PUBLIC FUNDS $515,920 $515,920 $515,920 Statewide Changes 56.1 WC, GTA, and GBA State General Funds $175 $175 $175 Consumer Protection and Assistance Appropriation (HB1026) The purpose is to assist consumers with problems encountered when dealing with department-regulated entities. TOTAL STATE FUNDS $516,095 $516,095 $516,095 State General Funds $516,095 $516,095 $516,095 TOTAL PUBLIC FUNDS $516,095 $516,095 $516,095 57. Departmental Administration Appropriation (HB85) The purpose is to provide administrative support to all department programs. TOTAL STATE FUNDS $1,645,199 $1,645,199 $1,645,199 State General Funds $1,645,199 $1,645,199 $1,645,199 TOTAL PUBLIC FUNDS $1,645,199 $1,645,199 $1,645,199 Statewide Changes 57.1 WC, GTA, and GBA State General Funds $720 $720 $720 Departmental Administration Appropriation (HB1026) 936 JOURNAL OF THE HOUSE The purpose is to provide administrative support to all department programs. TOTAL STATE FUNDS $1,645,919 State General Funds $1,645,919 TOTAL PUBLIC FUNDS $1,645,919 $1,645,919 $1,645,919 $1,645,919 $1,645,919 $1,645,919 $1,645,919 58. Financial Institution Supervision Appropriation (HB85) 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 STATE FUNDS $6,581,431 $6,581,431 $6,581,431 State General Funds $6,581,431 $6,581,431 $6,581,431 TOTAL PUBLIC FUNDS $6,581,431 $6,581,431 $6,581,431 Statewide Changes 58.1 WC, GTA, and GBA State General Funds $2,913 $2,913 $2,913 One-Time Expense 58.2 Replace five vehicles in excess of 135,000 miles. State General Funds $81,615 $81,615 $81,615 Financial Institution Supervision Appropriation (HB1026) 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 STATE FUNDS $6,665,959 $6,665,959 $6,665,959 State General Funds $6,665,959 $6,665,959 $6,665,959 TOTAL PUBLIC FUNDS $6,665,959 $6,665,959 $6,665,959 59. Mortgage Supervision Appropriation (HB85) The purpose is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and enforce applicable laws and regulations. TOTAL STATE FUNDS $1,738,299 $1,738,299 $1,738,299 State General Funds $1,738,299 $1,738,299 $1,738,299 TOTAL PUBLIC FUNDS $1,738,299 $1,738,299 $1,738,299 Statewide Changes THURSDAY, FEBRUARY 16, 2006 937 59.1 WC, GTA, and GBA State General Funds $754 $754 $754 Mortgage Supervision Appropriation (HB1026) The purpose is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and enforce applicable laws and regulations. TOTAL STATE FUNDS $1,739,053 $1,739,053 $1,739,053 State General Funds $1,739,053 $1,739,053 $1,739,053 TOTAL PUBLIC FUNDS $1,739,053 $1,739,053 $1,739,053 Section 16: Community Affairs, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Appalachian Regional Commission CFDA23.011 Community Development Block Grants/State's Program CFDA14.228 Corporation for National & Community Services CFDA94.003 HUD-Section 8 CFDA14.156 Learn & Serve School Based Grants CFDA94.006 TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Section Total (HB85) $80,217,219 $80,217,219 $33,093,886 $33,093,886 $47,123,333 $47,123,333 $93,566,048 $93,566,048 $172,825 $172,825 $31,410,041 $31,410,041 $80,217,219 $33,093,886 $47,123,333 $93,566,048 $172,825 $31,410,041 $475,767 $475,767 $56,507,415 $56,507,415 $5,000,000 $5,000,000 $10,831,688 $10,831,688 $9,715 $9,715 $9,477,792 $9,477,792 $1,344,181 $1,344,181 $184,614,955 $184,614,955 Final Section Totals $86,436,755 $83,471,755 $39,313,422 $36,348,422 $47,123,333 $47,123,333 $93,566,048 $93,566,048 $475,767 $56,507,415 $5,000,000 $10,831,688 $9,715 $9,477,792 $1,344,181 $184,614,955 $83,341,755 $36,313,422 $47,028,333 $108,529,689 938 JOURNAL OF THE HOUSE Appalachian Regional Commission CFDA23.011 Community Development Block Grants/State's Program CFDA14.228 Corporation for National & Community Services CFDA94.003 HUD-Section 8 CFDA14.156 Learn & Serve School Based Grants CFDA94.006 TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS $172,825 $31,410,041 $172,825 $31,410,041 $172,825 $44,810,041 $475,767 $56,507,415 $5,000,000 $10,831,688 $9,715 $9,477,792 $1,344,181 $190,834,491 $475,767 $56,507,415 $5,000,000 $10,831,688 $9,715 $9,477,792 $1,344,181 $187,869,491 $195,428 $58,351,395 $5,000,000 $13,294,033 $2,236,359 $9,713,493 $1,344,181 $205,165,477 60. Building Construction Appropriation (HB85) 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 STATE FUNDS $279,403 $279,403 $279,403 State General Funds $279,403 $279,403 $279,403 TOTAL AGENCY FUNDS $171,722 $171,722 $171,722 Sales and Services $171,722 $171,722 $171,722 Regulatory Fees $171,722 $171,722 $171,722 TOTAL PUBLIC FUNDS $451,125 $451,125 $451,125 Statewide Changes 60.1 WC, GTA, and GBA State General Funds $492 $492 $492 Building Construction Appropriation (HB1026) 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 STATE FUNDS $279,895 $279,895 $279,895 State General Funds $279,895 $279,895 $279,895 TOTAL AGENCY FUNDS $171,722 $171,722 $171,722 Sales and Services $171,722 $171,722 $171,722 THURSDAY, FEBRUARY 16, 2006 939 Regulatory Fees TOTAL PUBLIC FUNDS $171,722 $451,617 $171,722 $451,617 $171,722 $451,617 61. Coordinated Planning Appropriation (HB85) 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 STATE FUNDS $3,831,884 $3,831,884 $3,831,884 State General Funds $3,831,884 $3,831,884 $3,831,884 TOTAL PUBLIC FUNDS $3,831,884 $3,831,884 $3,831,884 Statewide Changes 61.1 WC, GTA, and GBA State General Funds $3,310 $3,310 $3,310 Changes in Operations / Administration 61.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments. State General Funds ($51,508) ($51,508) ($51,508) Changes in the Size of the Program 61.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase Bond Allocation Fee funds for one position. Bond Proceeds from prior year $43,150 Coordinated Planning Appropriation (HB1026) 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 STATE FUNDS $3,783,686 $3,783,686 $3,783,686 State General Funds $3,783,686 $3,783,686 $3,783,686 TOTAL AGENCY FUNDS $43,150 Intergovernmental Transfers $43,150 Bond Proceeds from prior year $43,150 TOTAL PUBLIC FUNDS $3,783,686 $3,783,686 $3,826,836 940 JOURNAL OF THE HOUSE 62. Departmental Administration Appropriation (HB85) The purpose is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $1,982,095 $1,982,095 $1,982,095 State General Funds $1,982,095 $1,982,095 $1,982,095 TOTAL FEDERAL FUNDS $22,000 $22,000 $22,000 Community Development Block Grants/State's Program $22,000 $22,000 $22,000 CFDA14.228 TOTAL AGENCY FUNDS $2,476,773 $2,476,773 $2,476,773 Intergovernmental Transfers $2,476,773 $2,476,773 $2,476,773 Authority/local government payments to state agencies $2,476,773 $2,476,773 $2,476,773 TOTAL PUBLIC FUNDS $4,480,868 $4,480,868 $4,480,868 Statewide Changes 62.1 WC, GTA, and GBA State General Funds $3,092 $3,092 $3,092 Changes in Operations / Administration 62.2 Redistribute funds from multiple programs to reflect GTA rate structure adjustments. State General Funds $95,591 $95,591 $95,591 Changes in How the Program is Funded 62.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments, increase Bond Allocation Fee funds to cover one position, and increase GHFA Management Fee funds to cover one position. Agency Funds Prior Year $31,662 Bond Proceeds from prior year $101,909 TOTAL PUBLIC FUNDS $133,571 Departmental Administration Appropriation (HB1026) The purpose is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $2,080,778 $2,080,778 $2,080,778 State General Funds $2,080,778 $2,080,778 $2,080,778 TOTAL FEDERAL FUNDS $22,000 $22,000 $22,000 Community Development Block Grants/State's Program $22,000 $22,000 $22,000 CFDA14.228 TOTAL AGENCY FUNDS $2,476,773 $2,476,773 $2,610,344 THURSDAY, FEBRUARY 16, 2006 941 Reserved Fund Balances Agency Funds Prior Year Intergovernmental Transfers Authority/local government payments to state agencies Bond Proceeds from prior year TOTAL PUBLIC FUNDS $2,476,773 $2,476,773 $4,579,551 $2,476,773 $2,476,773 $4,579,551 $31,662 $31,662 $2,578,682 $2,476,773 $101,909 $4,713,122 63. Environmental Education and Assistance Appropriation (HB85) The purpose is to provide technical assistance, resource tools, and public education outreach resources. TOTAL STATE FUNDS $973,896 $973,896 $973,896 State General Funds $973,896 $973,896 $973,896 TOTAL PUBLIC FUNDS $973,896 $973,896 $973,896 Statewide Changes 63.1 WC, GTA, and GBA State General Funds $1,306 $1,306 $1,306 Changes in Operations / Administration 63.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments. State General Funds ($2,039) ($2,039) ($2,039) Changes in How the Program is Funded 63.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase Solid Waste Trust Funds for three positions and associated expenses for litter prevention, solid waste planning, and recycling programs through a contract with the Department of Natural Resources. Solid Waste Trust Fund $277,000 Environmental Education and Assistance Appropriation (HB1026) The purpose is to provide technical assistance, resource tools, and public education outreach resources. TOTAL STATE FUNDS $973,163 $973,163 $973,163 State General Funds $973,163 $973,163 $973,163 TOTAL AGENCY FUNDS $277,000 Reserved Fund Balances $277,000 Solid Waste Trust Fund $277,000 TOTAL PUBLIC FUNDS $973,163 $973,163 $1,250,163 942 JOURNAL OF THE HOUSE 64. Federal Community and Economic Development Appropriation (HB85) 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 STATE FUNDS $1,608,212 $1,608,212 $1,608,212 State General Funds $1,608,212 $1,608,212 $1,608,212 TOTAL FEDERAL FUNDS $36,985,354 $36,985,354 $36,985,354 Appalachian Regional Commission CFDA23.011 $172,825 $172,825 $172,825 Community Development Block Grants/State's Program $31,376,154 $31,376,154 $31,376,154 CFDA14.228 Corporation for National & Community Services CFDA94.003 $436,375 $436,375 $436,375 Learn & Serve School Based Grants CFDA94.006 $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $38,593,566 $38,593,566 $38,593,566 Statewide Changes 64.1 WC, GTA, and GBA State General Funds $2,632 $2,632 $2,632 Changes in Operations / Administration 64.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments. State General Funds ($1,197) ($1,197) ($1,197) Changes in How the Program is Funded 64.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reduce funds from the Corporation for National and Community Services Programs, and to add funds from OneGeorgia and the HUD-Community Development Block Grant Pass Tobacco Settlement Funds $75,210 Community Development Block Grants/State's Program CFDA14.228 $13,400,000 Corporation for National & Community Services CFDA94.003 ($240,947) TOTAL PUBLIC FUNDS $13,234,263 Federal Community and Economic Development Programs Appropriation (HB1026) 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 STATE FUNDS $1,609,647 $1,609,647 $1,684,857 State General Funds $1,609,647 $1,609,647 $1,609,647 THURSDAY, FEBRUARY 16, 2006 943 Tobacco Settlement Funds TOTAL FEDERAL FUNDS Appalachian Regional Commission CFDA23.011 Community Development Block Grants/State's Program CFDA14.228 Corporation for National & Community Services CFDA94.003 Learn & Serve School Based Grants CFDA94.006 TOTAL PUBLIC FUNDS $36,985,354 $172,825 $31,376,154 $436,375 $5,000,000 $38,595,001 $36,985,354 $172,825 $31,376,154 $436,375 $5,000,000 $38,595,001 $75,210 $50,144,407 $172,825 $44,776,154 $195,428 $5,000,000 $51,829,264 65. Homeownership programs Appropriation (HB85) 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 AGENCY FUNDS $4,014,155 $4,014,155 $4,014,155 Intergovernmental Transfers $4,014,155 $4,014,155 $4,014,155 Authority/local government payments to state agencies $4,014,155 $4,014,155 $4,014,155 TOTAL PUBLIC FUNDS $4,014,155 $4,014,155 $4,014,155 Changes in How the Program is Funded 65.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase HUD-HOME funds, reduce GHFA Management Fee funds, and transfer one position to the Rental Housing program. Agency Funds Prior Year $134,280 Homeownership programs Appropriation (HB1026) 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 AGENCY FUNDS $4,014,155 $4,014,155 $4,148,435 Reserved Fund Balances $134,280 Agency Funds Prior Year $134,280 Intergovernmental Transfers $4,014,155 $4,014,155 $4,014,155 Authority/local government payments to state agencies $4,014,155 $4,014,155 $4,014,155 TOTAL PUBLIC FUNDS $4,014,155 $4,014,155 $4,148,435 944 JOURNAL OF THE HOUSE 66. Local Assistance Grants Appropriation (HB85) 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 STATE FUNDS $3,881,066 $3,881,066 $3,881,066 State General Funds $3,881,066 $3,881,066 $3,881,066 TOTAL PUBLIC FUNDS $3,881,066 $3,881,066 $3,881,066 Local Assistance Grants Appropriation (HB1026) 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 STATE FUNDS $3,881,066 $3,881,066 $3,881,066 State General Funds $3,881,066 $3,881,066 $3,881,066 TOTAL PUBLIC FUNDS $3,881,066 $3,881,066 $3,881,066 67. Regional Services Appropriation (HB85) 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 STATE FUNDS $3,096,517 $3,096,517 $3,096,517 State General Funds $3,096,517 $3,096,517 $3,096,517 TOTAL PUBLIC FUNDS $3,096,517 $3,096,517 $3,096,517 Statewide Changes 67.1 WC, GTA, and GBA State General Funds $2,930 $2,930 $2,930 Changes in Operations / Administration 67.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments. State General Funds ($1,627) ($1,627) ($1,627) 67.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase funding for the Georgia Leadership Infrastructure Investment Fund Initiative. Tobacco Settlement Funds $500,000 One-Time Expense 67.3 Provide funds to repair hurricane damage to the Coastal Georgia Regional Development Center. State General Funds $35,000 $0 THURSDAY, FEBRUARY 16, 2006 945 Regional Services Appropriation (HB1026) 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 STATE FUNDS $3,097,820 $3,132,820 $3,597,820 State General Funds $3,097,820 $3,132,820 $3,097,820 Tobacco Settlement Funds $500,000 TOTAL PUBLIC FUNDS $3,097,820 $3,132,820 $3,597,820 68. Rental Housing Programs Appropriation (HB85) 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 STATE FUNDS $3,287,829 $3,287,829 $3,287,829 State General Funds $3,287,829 $3,287,829 $3,287,829 TOTAL FEDERAL FUNDS $56,546,807 $56,546,807 $56,546,807 Corporation for National & Community Services CFDA94.003 $39,392 $39,392 $39,392 HUD-Section 8 CFDA14.156 $56,507,415 $56,507,415 $56,507,415 TOTAL AGENCY FUNDS $2,996,579 $2,996,579 $2,996,579 Reserved Fund Balances $9,715 $9,715 $9,715 State Housing Trust Fund $9,715 $9,715 $9,715 Intergovernmental Transfers $2,986,864 $2,986,864 $2,986,864 Authority/local government payments to state agencies $2,986,864 $2,986,864 $2,986,864 TOTAL PUBLIC FUNDS $62,831,215 $62,831,215 $62,831,215 Changes in How the Program is Funded 68.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reduce HUD-HOME Administration funds, reduce GHFA Management Fee funds, increase Georgia Housing Assistance Payment Administrators funds, increase Tax Credit Administration funds, and add three positions. Corporation for National & Community Services CFDA94.003 ($39,392) HUD-Section 8 CFDA14.156 $1,843,980 Agency Funds Prior Year $981,421 State Housing Trust Fund ($9,715) 946 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $2,776,294 Rental Housing Programs Appropriation (HB1026) 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 STATE FUNDS $3,287,829 $3,287,829 $3,287,829 State General Funds $3,287,829 $3,287,829 $3,287,829 TOTAL FEDERAL FUNDS $56,546,807 $56,546,807 $58,351,395 Corporation for National & Community Services CFDA94.003 $39,392 $39,392 HUD-Section 8 CFDA14.156 $56,507,415 $56,507,415 $58,351,395 TOTAL AGENCY FUNDS $2,996,579 $2,996,579 $3,968,285 Reserved Fund Balances $9,715 $9,715 $981,421 Agency Funds Prior Year $981,421 State Housing Trust Fund $9,715 $9,715 Intergovernmental Transfers $2,986,864 $2,986,864 $2,986,864 Authority/local government payments to state agencies $2,986,864 $2,986,864 $2,986,864 TOTAL PUBLIC FUNDS $62,831,215 $62,831,215 $65,607,509 69. Research and Surveys Appropriation (HB85) The purpose is to conduct surveys and collect financial/management data from local governments and authorities as directed by statute. TOTAL STATE FUNDS $667,698 $667,698 $667,698 State General Funds $667,698 $667,698 $667,698 TOTAL PUBLIC FUNDS $667,698 $667,698 $667,698 Statewide Changes 69.1 WC, GTA, and GBA State General Funds $1,044 $1,044 $1,044 Changes in Operations / Administration 69.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments. State General Funds ($38,496) ($38,496) ($38,496) Changes in How the Program is Funded THURSDAY, FEBRUARY 16, 2006 947 69.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase Bond Allocation Fee funds for one position and the transfer of one position to Administration. Bond Proceeds from prior year $51,304 Research and Surveys Appropriation (HB1026) The purpose is to conduct surveys and collect financial/management data from local governments and authorities as directed by statute. TOTAL STATE FUNDS $630,246 $630,246 $630,246 State General Funds $630,246 $630,246 $630,246 TOTAL AGENCY FUNDS $51,304 Intergovernmental Transfers $51,304 Bond Proceeds from prior year $51,304 TOTAL PUBLIC FUNDS $630,246 $630,246 $681,550 70. State Community Development Programs Appropriation (HB85) 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 STATE FUNDS $1,190,051 $1,190,051 $1,190,051 State General Funds $1,190,051 $1,190,051 $1,190,051 TOTAL PUBLIC FUNDS $1,190,051 $1,190,051 $1,190,051 Statewide Changes 70.1 WC, GTA, and GBA State General Funds $2,083 $2,083 $2,083 Changes in Operations / Administration 70.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments. State General Funds ($542) ($542) ($542) Changes in How the Program is Funded 70.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase Bond Allocation Fee funds to cover the cost of one position and move one position to the Administration program. Bond Proceeds from prior year $39,338 948 JOURNAL OF THE HOUSE State Community Development Programs Appropriation (HB1026) 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 STATE FUNDS $1,191,592 $1,191,592 $1,191,592 State General Funds $1,191,592 $1,191,592 $1,191,592 TOTAL AGENCY FUNDS $39,338 Intergovernmental Transfers $39,338 Bond Proceeds from prior year $39,338 TOTAL PUBLIC FUNDS $1,191,592 $1,191,592 $1,230,930 71. State Economic Development Program Appropriation (HB85) The purpose is to facilitate and stimulate economic activity, private investment, and job creation by various means including making loans and grants. TOTAL STATE FUNDS $4,201,762 $4,201,762 $4,201,762 State General Funds $4,201,762 $4,201,762 $4,201,762 TOTAL FEDERAL FUNDS $11,887 $11,887 $11,887 Community Development Block Grants/State's Program $11,887 $11,887 $11,887 CFDA14.228 TOTAL PUBLIC FUNDS $4,213,649 $4,213,649 $4,213,649 Changes in Operations / Administration 71.1 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments. State General Funds ($182) ($182) ($182) One-Time Expense 71.2 Increase funds for critical economic development projects. State General Funds $6,000,000 $3,000,000 $3,000,000 Changes in How the Program is Funded 71.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase OneGeorgia Authority contract funds to cover the cost of four positions. Tobacco Settlement Funds $231,169 THURSDAY, FEBRUARY 16, 2006 949 State Economic Development Program Appropriation (HB1026) The purpose is to facilitate and stimulate economic activity, private investment, and job creation by various means including making loans and grants. TOTAL STATE FUNDS $10,201,580 $7,201,580 $7,432,749 State General Funds $10,201,580 $7,201,580 $7,201,580 Tobacco Settlement Funds $231,169 TOTAL FEDERAL FUNDS $11,887 $11,887 $11,887 Community Development Block Grants/State's Program $11,887 $11,887 $11,887 CFDA14.228 TOTAL PUBLIC FUNDS $10,213,467 $7,213,467 $7,444,636 72. Payments to Georgia Environmental Facilities Authority Appropriation (HB85) The purpose is to provide funds for the Georgia Rural Water Association and the Infrastructure Grant Program. TOTAL STATE FUNDS $700,000 $700,000 $700,000 State General Funds $700,000 $700,000 $700,000 TOTAL PUBLIC FUNDS $700,000 $700,000 $700,000 One-Time Expense 72.1 Fund the state energy plan to develop a statewide, comprehensive approach to energy efficiency and conservation planning. State General Funds $200,000 $200,000 $200,000 Payments to Georgia Environmental Facilities Authority Appropriation (HB1026) The purpose is to provide funds for the Georgia Rural Water Association and the Infrastructure Grant Program. TOTAL STATE FUNDS $900,000 $900,000 $900,000 State General Funds $900,000 $900,000 $900,000 TOTAL PUBLIC FUNDS $900,000 $900,000 $900,000 73. Payments to the State Housing Trust Fund Appropriation (HB85) 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 STATE FUNDS $3,032,892 $3,032,892 $3,032,892 State General Funds $3,032,892 $3,032,892 $3,032,892 950 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS $1,172,459 $1,172,459 $1,172,459 Sales and Services $1,172,459 $1,172,459 $1,172,459 Sales and Services Not Itemized $1,172,459 $1,172,459 $1,172,459 TOTAL PUBLIC FUNDS $4,205,351 $4,205,351 $4,205,351 Changes in How the Program is Funded 73.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reduce HUD-ESGP Administration funds, reduce HUD-HOPWA Administration funds, reduce HUD-Shelter Plus Care funds, increase HUD- Housing Management Information System contract funds, increase the State Housing Trust Fund Administration funds, and increase GHFA Participation Fee funds. Agency Funds Prior Year $795,322 State Housing Trust Fund $16,674 TOTAL PUBLIC FUNDS $811,996 Payments to the State Housing Trust Fund Appropriation (HB1026) 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 STATE FUNDS $3,032,892 $3,032,892 $3,032,892 State General Funds $3,032,892 $3,032,892 $3,032,892 TOTAL AGENCY FUNDS $1,172,459 $1,172,459 $1,984,455 Reserved Fund Balances $811,996 Agency Funds Prior Year $795,322 State Housing Trust Fund $16,674 Sales and Services $1,172,459 $1,172,459 $1,172,459 Sales and Services Not Itemized $1,172,459 $1,172,459 $1,172,459 TOTAL PUBLIC FUNDS $4,205,351 $4,205,351 $5,017,347 74. Payments to OneGeorgia Authority The purpose is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS Tobacco Settlement Funds TOTAL PUBLIC FUNDS Appropriation (HB85) $47,123,333 $47,123,333 $47,123,333 $47,123,333 $47,123,333 $47,123,333 $47,123,333 $47,123,333 $47,123,333 THURSDAY, FEBRUARY 16, 2006 951 Changes in Operations / Administration 74.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to transfer funds to the Governor's Office of Planning and Budget, Federal Community and Economic Development program, Regional Services program, and State Economic Tobacco Settlement Funds ($901,379) Payments to OneGeorgia Authority Appropriation (HB1026) The purpose is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS $47,123,333 $47,123,333 $46,221,954 Tobacco Settlement Funds $47,123,333 $47,123,333 $46,221,954 TOTAL PUBLIC FUNDS $47,123,333 $47,123,333 $46,221,954 75. Payments to Georgia Regional Transportation Authority Appropriation (HB85) The purpose is to improve Georgia's mobility, air quality, and land use practices. TOTAL STATE FUNDS $4,360,581 $4,360,581 $4,360,581 State General Funds $4,360,581 $4,360,581 $4,360,581 TOTAL PUBLIC FUNDS $4,360,581 $4,360,581 $4,360,581 Statewide Changes 75.1 WC, GTA, and GBA State General Funds $2,647 $2,647 $2,647 Payments to Georgia Regional Transportation Authority Appropriation (HB1026) The purpose is to improve Georgia's mobility, air quality, and land use practices. TOTAL STATE FUNDS $4,363,228 $4,363,228 $4,363,228 State General Funds $4,363,228 $4,363,228 $4,363,228 TOTAL PUBLIC FUNDS $4,363,228 $4,363,228 $4,363,228 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. 952 JOURNAL OF THE HOUSE Section 17: Community Health, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Consolidated Health Centers CFDA93.224 Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS Section Total (HB85) $2,259,945,634 $2,259,945,634 $2,201,858,248 $2,201,858,248 $58,087,386 $58,087,386 $4,535,269,475 $4,535,269,475 $4,352,785,895 $4,352,785,895 $182,483,580 $182,483,580 $295,898,629 $295,898,629 $14,000,000 $14,000,000 $281,798,629 $281,798,629 $100,000 $100,000 $2,300,654,587 $2,300,654,587 $9,391,768,325 $9,391,768,325 Final Section Totals $2,298,572,635 $2,295,295,964 $2,240,485,249 $2,237,208,578 $58,087,386 $58,087,386 $4,611,330,204 $4,608,744,799 $500,000 $4,428,846,624 $4,425,761,219 $182,483,580 $182,483,580 $324,359,709 $312,318,540 $14,000,000 $157,200,365 $157,200,365 $150,859,344 $152,818,175 $2,300,000 $2,300,000 $2,530,748,007 $2,530,748,007 $9,765,010,555 $9,747,107,310 $2,259,945,634 $2,201,858,248 $58,087,386 $4,535,269,475 $4,352,785,895 $182,483,580 $295,898,629 $14,000,000 $281,798,629 $100,000 $2,300,654,587 $9,391,768,325 $2,299,449,002 $2,241,361,616 $58,087,386 $4,611,132,731 $500,000 $4,428,149,151 $182,483,580 $313,318,540 $158,200,365 $152,818,175 $2,300,000 $2,530,748,007 $9,754,648,280 THURSDAY, FEBRUARY 16, 2006 953 76. Departmental Administration and Program Support Appropriation (HB85) The purpose is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $62,221,212 $62,221,212 $62,221,212 State General Funds $62,221,212 $62,221,212 $62,221,212 TOTAL FEDERAL FUNDS $226,667,078 $226,667,078 $226,667,078 Medical Assistance Program CFDA93.778 $218,520,539 $218,520,539 $218,520,539 State Children's Insurance Program CFDA93.767 $8,146,539 $8,146,539 $8,146,539 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $19,158,820 $19,158,820 $19,158,820 Health Insurance Payments $19,158,820 $19,158,820 $19,158,820 TOTAL PUBLIC FUNDS $308,047,110 $308,047,110 $308,047,110 Statewide Changes 76.1 WC, GTA, and GBA State General Funds $7,283 $7,283 $7,283 Medical Assistance Program CFDA93.778 $8,411 $8,411 $8,411 TOTAL PUBLIC FUNDS $15,694 $15,694 $15,694 Changes in How the Program is Funded 76.7 Reflect revenue from Children's Intervention School Services. Medical Assistance Program CFDA93.778 ($232,160) ($232,160) Authority/local government payments to state agencies $232,160 $232,160 TOTAL PUBLIC FUNDS $0 $0 Changes in the Size of the Program 76.2 Add funds for the Enrollment Broker for Georgia Healthy Families (GHF) managed care program. Medical Assistance Program CFDA93.778 $7,019,157 $7,019,157 $7,019,157 Agency Funds Prior Year $7,019,157 $7,019,157 $7,019,157 TOTAL PUBLIC FUNDS $14,038,314 $14,038,314 $14,038,314 76.3 Fund additional costs associated with the Medicaid Modernization contracts. (H and S: Do not cover costs associated with Medicaid Modernization 1115 Waiver.) State General Funds $550,000 $0 $0 Medical Assistance Program CFDA93.778 $550,000 $0 $0 TOTAL PUBLIC FUNDS $1,100,000 $0 $0 954 JOURNAL OF THE HOUSE 76.4 Add funds for the DHR contract Right from the Start Medicaid (RSM). RSM contract funds DHR staff supporting program. Medical Assistance Program CFDA93.778 $3,800,000 $3,800,000 $3,800,000 Agency Funds Prior Year $3,800,000 $3,800,000 $3,800,000 TOTAL PUBLIC FUNDS $7,600,000 $7,600,000 $7,600,000 76.5 Add funds for Eligibility Review contract to conduct process and systems review and audit of member records. Medical Assistance Program CFDA93.778 $1,870,000 $1,870,000 $1,870,000 Agency Funds Prior Year $1,870,000 $1,870,000 $1,870,000 TOTAL PUBLIC FUNDS $3,740,000 $3,740,000 $3,740,000 76.6 Redirect funds in Medicaid Benefits to fund additional costs associated with the Non-Emergency Transportation (NET) contract. State General Funds $825,000 $825,000 $825,000 Departmental Administration and Program Support Appropriation (HB1026) The purpose is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $63,603,495 $63,053,495 $63,053,495 State General Funds $63,603,495 $63,053,495 $63,053,495 TOTAL FEDERAL FUNDS $239,914,646 $239,132,486 $239,132,486 Medical Assistance Program CFDA93.778 $231,768,107 $230,985,947 $230,985,947 State Children's Insurance Program CFDA93.767 $8,146,539 $8,146,539 $8,146,539 TOTAL AGENCY FUNDS $12,689,157 $12,921,317 $12,921,317 Reserved Fund Balances $12,689,157 $12,689,157 $12,689,157 Agency Funds Prior Year $12,689,157 $12,689,157 $12,689,157 Intergovernmental Transfers $232,160 $232,160 Authority/local government payments to state agencies $232,160 $232,160 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $19,158,820 $19,158,820 $19,158,820 Health Insurance Payments $19,158,820 $19,158,820 $19,158,820 TOTAL PUBLIC FUNDS $335,366,118 $334,266,118 $334,266,118 77. Health Care Access and Improvement Appropriation (HB85) The purpose is to improve the health, wellness and access to healthcare for Georgians. TOTAL STATE FUNDS $5,786,551 $5,786,551 $5,786,551 THURSDAY, FEBRUARY 16, 2006 955 State General Funds $5,786,551 $5,786,551 $5,786,551 TOTAL FEDERAL FUNDS $549,838 $549,838 $549,838 Medical Assistance Program CFDA93.778 $549,838 $549,838 $549,838 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Sales and Services $100,000 $100,000 $100,000 Regulatory Fees $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $6,436,389 $6,436,389 $6,436,389 Statewide Changes 77.1 WC, GTA, and GBA State General Funds $1,075 $1,075 $1,075 One-Time Expense 77.2 Provide funds for a pilot project in Liberty County with the Community Health Centers. State General Funds $500,000 $500,000 Consolidated Health Centers CFDA93.224 $500,000 $500,000 TOTAL PUBLIC FUNDS $1,000,000 $1,000,000 Changes in How the Program is Funded 77.3 Support the operation of Hughes Spalding Children's Hospital. (S:Transfer from Indigent Care Trust Fund) State General Funds $2,000,000 Health Care Access and Improvement Appropriation (HB1026) The purpose is to improve the health, wellness and access to healthcare for Georgians. TOTAL STATE FUNDS $5,787,626 $6,287,626 $8,287,626 State General Funds $5,787,626 $6,287,626 $8,287,626 TOTAL FEDERAL FUNDS $549,838 $1,049,838 $1,049,838 Consolidated Health Centers CFDA93.224 $500,000 $500,000 Medical Assistance Program CFDA93.778 $549,838 $549,838 $549,838 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Sales and Services $100,000 $100,000 $100,000 Regulatory Fees $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $6,437,464 $7,437,464 $9,437,464 956 JOURNAL OF THE HOUSE 78. Indigent Care Trust Fund Appropriation (HB85) 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. TOTAL FEDERAL FUNDS $219,438,624 $219,438,624 $219,438,624 Medical Assistance Program CFDA93.778 $219,438,624 $219,438,624 $219,438,624 TOTAL AGENCY FUNDS $148,828,880 $148,828,880 $148,828,880 Contributions, Donations, and Forfeitures $14,000,000 $14,000,000 $14,000,000 Private Hospitals $14,000,000 $14,000,000 $14,000,000 Intergovernmental Transfers $134,828,880 $134,828,880 $134,828,880 Hospital Authorities $134,828,880 $134,828,880 $134,828,880 TOTAL PUBLIC FUNDS $368,267,504 $368,267,504 $368,267,504 Changes in Operations / Administration 78.1 Reflect additional revenue from intergovernmental transfers received from hospitals for Disproportionate Share Hospital (DSH) program. Medical Assistance Program CFDA93.778 $71,283,308 $71,283,308 $71,283,308 Hospital Authorities $41,830,464 $41,830,464 $41,830,464 TOTAL PUBLIC FUNDS $113,113,772 $113,113,772 $113,113,772 Changes in How the Program is Funded 78.2 Add funds to reflect new CMO provider fee based on 6% of their revenue beginning April 2006. State General Funds $21,534,195 $21,534,195 $21,534,195 Medical Assistance Program CFDA93.778 $33,065,691 $33,065,691 $33,065,691 TOTAL PUBLIC FUNDS $54,599,886 $54,599,886 $54,599,886 78.3 Eliminate funding from Disproportionate Share Hospital (DSH) payments used to support Right from the Start Medicaid (RSM) Benefit Expansion based on revised federal policy. RSM will be funded in the Low Income Medicaid Program with State Funds. Medical Assistance Program CFDA93.778 ($37,580,932) ($37,580,932) ($37,580,932) Hospital Authorities ($25,800,000) ($25,800,000) ($25,800,000) TOTAL PUBLIC FUNDS ($63,380,932) ($63,380,932) ($63,380,932) 78.4 Reflect projected revenue from ambulance fees. Medical Assistance Program CFDA93.778 $3,378,093 $3,378,093 $3,378,093 Regulatory Fees $2,200,000 $2,200,000 $2,200,000 THURSDAY, FEBRUARY 16, 2006 957 TOTAL PUBLIC FUNDS $5,578,093 $5,578,093 $5,578,093 78.5 Fund the state share of the Disproportionate Share Hospital Program for private hospitals with uncompensated care.(H and S: Fund the State share of the Disproportionate Share Hospital Program for qualifying private hospitals for uncompensated services to medically indigent Georgians.) State General Funds $14,000,000 $14,000,000 $14,000,000 Private Hospitals ($14,000,000) ($14,000,000) TOTAL PUBLIC FUNDS $0 $0 Changes in the Size of the Program 78.6 Support the operation of Hughes Spalding Children's Hospital. (S:Transfer to Health Care Access and Improvement) State General Funds $2,000,000 $2,000,000 $0 Indigent Care Trust Fund Appropriation (HB1026) 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. TOTAL STATE FUNDS $37,534,195 $37,534,195 $35,534,195 State General Funds $37,534,195 $37,534,195 $35,534,195 TOTAL FEDERAL FUNDS $289,584,784 $289,584,784 $289,584,784 Medical Assistance Program CFDA93.778 $289,584,784 $289,584,784 $289,584,784 TOTAL AGENCY FUNDS $167,059,344 $153,059,344 $153,059,344 Contributions, Donations, and Forfeitures $14,000,000 Private Hospitals $14,000,000 Intergovernmental Transfers $150,859,344 $150,859,344 $150,859,344 Hospital Authorities $150,859,344 $150,859,344 $150,859,344 Sales and Services $2,200,000 $2,200,000 $2,200,000 Regulatory Fees $2,200,000 $2,200,000 $2,200,000 TOTAL PUBLIC FUNDS $494,178,323 $480,178,323 $478,178,323 79. Medicaid: Aged, Blind, and Disabled Appropriation (HB85) The purpose is to provide health care access primarily to elderly and disabled individuals. TOTAL STATE FUNDS $897,259,297 $897,259,297 $897,259,297 State General Funds $895,116,272 $895,116,272 $895,116,272 Tobacco Settlement Funds $2,143,025 $2,143,025 $2,143,025 958 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS $2,327,230,795 $2,327,230,795 $2,327,230,795 Medical Assistance Program CFDA93.778 $2,327,230,795 $2,327,230,795 $2,327,230,795 TOTAL AGENCY FUNDS $91,726,671 $91,726,671 $91,726,671 Intergovernmental Transfers $91,726,671 $91,726,671 $91,726,671 Hospital Authorities $91,726,671 $91,726,671 $91,726,671 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $270,155,171 $270,155,171 $270,155,171 Optional Medicaid Services Payments $270,155,171 $270,155,171 $270,155,171 TOTAL PUBLIC FUNDS $3,586,371,934 $3,586,371,934 $3,586,371,934 Changes in How the Program is Funded 79.1 Add funds to replace the loss of Upper Payment Limit (UPL) funds. Per agreement with CMS about the states continuation of the UPL Program, the practice of overmatching ended July 1, 2005. State General Funds $91,726,671 $90,000,000 $90,000,000 Hospital Authorities ($91,726,671) ($90,000,000) ($90,000,000) TOTAL PUBLIC FUNDS $0 $0 $0 79.2 Add funds in Medicaid Benefits for costs associated with the federal Medicare Part D Clawback provision. Medicare Part D started in January 2006. State General Funds $6,627,262 $6,627,262 $6,627,262 Medical Assistance Program CFDA93.778 $10,176,140 $10,176,140 $10,176,140 TOTAL PUBLIC FUNDS $16,803,402 $16,803,402 $16,803,402 79.3 Use $13,000,000 in current funds to offset savings not materialized in Disease Management. State General Funds $0 $0 $0 Medical Assistance Program CFDA93.778 $0 $0 $0 TOTAL PUBLIC FUNDS $0 $0 $0 79.4 Use savings generated from Medicaid efficiencies to fully fund additional Medicaid needs: Recovery of Overpayments, Expenditures less than budget, Drug Rebates in excess of budget, cost settlements collected early, Accounts Receivable Balances. State General Funds ($88,268,433) ($88,268,433) ($89,268,433) Agency Funds Prior Year $88,268,433 $88,268,433 $89,268,433 TOTAL PUBLIC FUNDS $0 $0 $0 79.5 Use $3,100,000 in current funds to offset savings not materialized in the ER Pilot Expansion. State General Funds $0 $0 $0 THURSDAY, FEBRUARY 16, 2006 959 79.6 Use $800,000 in current funds to offset savings not materialized in transferring Nursing Home Residents to SOURCE. State General Funds $0 $0 $0 79.7 Add $10,000,000 in funds materialized in Hospital Costs Settlements. State General Funds $0 $0 $0 Changes in the Size of the Program 79.8 Reduce Medicaid Benefit funds based on savings from lower cost in pharmacy and outpatient services. State General Funds ($10,085,500) ($11,585,500) ($10,085,500) Medical Assistance Program CFDA93.778 ($15,486,255) ($17,789,500) ($15,486,255) TOTAL PUBLIC FUNDS ($25,571,755) ($29,375,000) ($25,571,755) 79.9 Redirect funds in Medicaid Benefits into Program Administration and Support to fund increases associated with the Non-Emergency Transportation (NET) contracts. State General Funds ($446,050) ($193,050) ($446,050) Medical Assistance Program CFDA93.778 ($684,908) ($296,428) ($684,908) TOTAL PUBLIC FUNDS ($1,130,958) ($489,478) ($1,130,958) 79.10 Redirect funds in Medicaid Benefits into Program Administration and Support to fund additional costs associated with the Medicaid Modernization contract. (H:Reduce Medicaid Benefits)(S:NO) State General Funds ($253,000) $0 Medical Assistance Program CFDA93.778 ($388,480) $0 TOTAL PUBLIC FUNDS ($641,480) $0 79.11 Add 10 new slots to the Independent Care Waiver Program for Physical Disabilities and Traumatic Brain Injuries (ICWP) starting April 1, 2006. State General Funds $53,038 Medical Assistance Program CFDA93.778 $84,687 TOTAL PUBLIC FUNDS $137,725 Medicaid: Aged, Blind, and Disabled Appropriation (HB1026) The purpose is to provide health care access primarily to elderly and disabled individuals. TOTAL STATE FUNDS $896,813,247 $893,586,576 $894,139,614 State General Funds $894,670,222 $891,443,551 $891,996,589 Tobacco Settlement Funds $2,143,025 $2,143,025 $2,143,025 TOTAL FEDERAL FUNDS $2,321,235,772 $2,318,932,527 $2,321,320,459 Medical Assistance Program CFDA93.778 $2,321,235,772 $2,318,932,527 $2,321,320,459 960 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS Reserved Fund Balances Agency Funds Prior Year Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $88,268,433 $88,268,433 $88,268,433 $270,155,171 $270,155,171 $3,576,472,623 $89,995,104 $88,268,433 $88,268,433 $1,726,671 $1,726,671 $270,155,171 $270,155,171 $3,572,669,378 $90,995,104 $89,268,433 $89,268,433 $1,726,671 $1,726,671 $270,155,171 $270,155,171 $3,576,610,348 80. Medicaid: Low-Income Medicaid Appropriation (HB85) The purpose is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $1,085,234,722 $1,085,234,722 $1,085,234,722 State General Funds $1,034,261,066 $1,034,261,066 $1,034,261,066 Tobacco Settlement Funds $50,973,656 $50,973,656 $50,973,656 TOTAL FEDERAL FUNDS $1,439,078,743 $1,439,078,743 $1,439,078,743 Medical Assistance Program CFDA93.778 $1,439,078,743 $1,439,078,743 $1,439,078,743 TOTAL AGENCY FUNDS $55,243,078 $55,243,078 $55,243,078 Intergovernmental Transfers $55,243,078 $55,243,078 $55,243,078 Hospital Authorities $55,243,078 $55,243,078 $55,243,078 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $51,458,128 $51,458,128 $51,458,128 Optional Medicaid Services Payments $51,458,128 $51,458,128 $51,458,128 TOTAL PUBLIC FUNDS $2,631,014,671 $2,631,014,671 $2,631,014,671 Changes in Who is Served by the Program 80.11 Add funds for the Katie Beckett waiver for families who don't meet the new criteria used starting October 2005. This funding will be the sole funding for those families as they are not going to be eligible for Federal Matching funds. State General Funds $3,600,000 Changes in Operations / Administration 80.1 Add funds to move from cash to accrual based accounting to accommodate capitation payments made to CMO's in lieu of traditional fee-for-service payments beginning January 1, 2006. State General Funds $18,869,655 $18,869,655 $18,869,655 Medical Assistance Program CFDA93.778 $28,974,295 $28,974,295 $28,974,295 THURSDAY, FEBRUARY 16, 2006 961 TOTAL PUBLIC FUNDS $47,843,950 $47,843,950 $47,843,950 Changes in How the Program is Funded 80.2 Replace funds eliminated in the Indigent Care Trust Fund for Right from the Start Medicaid (RSM) due to Federal policy changes in the Disproportionate Share Hospital (DSH) Program. State General Funds $22,000,000 $22,000,000 $22,000,000 Medical Assistance Program CFDA93.778 $33,780,933 $33,780,933 $33,780,933 TOTAL PUBLIC FUNDS $55,780,933 $55,780,933 $55,780,933 80.3 Add funds to replace the loss of Upper Payment Limit (UPL) Funds for pregnant women and children. Per agreement with CMS about the states continuation of the UPL Program, the practice of overmatching ended July 1, 2005. State General Funds $55,243,078 $55,243,078 $55,243,078 Hospital Authorities ($55,243,078) ($55,243,078) ($55,243,078) TOTAL PUBLIC FUNDS $0 $0 $0 80.4 Use savings generated from Medicaid efficiencies to fully fund additional Medicaid needs: Recovery of Overpayments, Expenditures less than budget, Drug Rebates in excess of budget, cost settlements collected early, Accounts Receivable Balances. State General Funds ($56,242,775) ($56,242,775) ($56,242,775) Agency Funds Prior Year $56,242,775 $56,242,775 $56,242,775 TOTAL PUBLIC FUNDS $0 $0 $0 Changes in the Size of the Program 80.5 Reduce Medicaid Benefit funds based on lower costs in pharmacy and outpatient services. State General Funds ($6,723,668) ($6,723,668) ($6,723,668) Medical Assistance Program CFDA93.778 ($10,324,172) ($10,324,172) ($10,324,172) TOTAL PUBLIC FUNDS ($17,047,840) ($17,047,840) ($17,047,840) 80.6 Reduce Medicaid Benefit funds based on projected savings of 8% over the traditional fee-for-service payments from implementation of the Managed Care Model starting April 1, 2006, in the Atlanta and Central Regions. State General Funds ($11,612,095) ($11,612,095) ($11,612,095) Medical Assistance Program CFDA93.778 ($17,830,337) ($17,830,337) ($17,830,337) TOTAL PUBLIC FUNDS ($29,442,432) ($29,442,432) ($29,442,432) 80.7 Reduce funds for Medicaid Benefits starting April 1, 2006 for participating CMOs to remit provider fees based on 6% of their revenue. State General Funds ($21,534,195) ($21,534,195) ($21,534,195) 962 JOURNAL OF THE HOUSE Medical Assistance Program CFDA93.778 ($33,065,691) ($33,065,691) ($33,065,691) TOTAL PUBLIC FUNDS ($54,599,886) ($54,599,886) ($54,599,886) 80.8 Transfer from DHR Community Services Adult program to implement Georgia Healthy Families which serves Medicaid clients who receive mental health services. State General Funds $2,025,041 $2,025,041 $2,025,041 Optional Medicaid Services Payments ($2,025,041) ($2,025,041) ($2,025,041) TOTAL PUBLIC FUNDS $0 $0 $0 80.9 Redirect funds in Medicaid Benefits into Program Administration and Support to fund additional costs associated with the Non-Emergency Transportation (NET) contract. State General Funds ($928,950) ($631,950) ($928,950) Medical Assistance Program CFDA93.778 ($1,426,400) ($970,357) ($1,426,400) TOTAL PUBLIC FUNDS ($2,355,350) ($1,602,307) ($2,355,350) 80.10 Redirect funds in Medicaid Benefits into Program Administration and Support to fund additional costs associated with the Medicaid Modernization contract.(H:Reduce Medicaid Benefits)(S:NO). State General Funds ($297,000) $0 Medical Assistance Program CFDA93.778 ($456,043) $0 TOTAL PUBLIC FUNDS ($753,043) $0 Medicaid: Low-Income Medicaid Appropriation (HB1026) The purpose is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $1,086,330,813 $1,086,330,813 $1,089,930,813 State General Funds $1,035,357,157 $1,035,357,157 $1,038,957,157 Tobacco Settlement Funds $50,973,656 $50,973,656 $50,973,656 TOTAL FEDERAL FUNDS $1,439,187,371 $1,439,187,371 $1,439,187,371 Medical Assistance Program CFDA93.778 $1,439,187,371 $1,439,187,371 $1,439,187,371 TOTAL AGENCY FUNDS $56,242,775 $56,242,775 $56,242,775 Reserved Fund Balances $56,242,775 $56,242,775 $56,242,775 Agency Funds Prior Year $56,242,775 $56,242,775 $56,242,775 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $49,433,087 $49,433,087 $49,433,087 Optional Medicaid Services Payments $49,433,087 $49,433,087 $49,433,087 TOTAL PUBLIC FUNDS $2,631,194,046 $2,631,194,046 $2,634,794,046 THURSDAY, FEBRUARY 16, 2006 963 81. Nursing Home Provider Fees Appropriation (HB85) 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 STATE FUNDS $100,229,284 $100,229,284 $100,229,284 State General Funds $100,229,284 $100,229,284 $100,229,284 TOTAL FEDERAL FUNDS $147,967,356 $147,967,356 $147,967,356 Medical Assistance Program CFDA93.778 $147,967,356 $147,967,356 $147,967,356 TOTAL PUBLIC FUNDS $248,196,640 $248,196,640 $248,196,640 Changes in the Size of the Program 81.1 Adjust to reflect actual nursing home provider fee revenue in FY 2006. State General Funds ($942,108) ($942,108) ($942,108) Medical Assistance Program CFDA93.778 ($1,446,604) ($1,446,604) ($1,446,604) TOTAL PUBLIC FUNDS ($2,388,712) ($2,388,712) ($2,388,712) Nursing Home Provider Fees Appropriation (HB1026) 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 STATE FUNDS $99,287,176 $99,287,176 $99,287,176 State General Funds $99,287,176 $99,287,176 $99,287,176 TOTAL FEDERAL FUNDS $146,520,752 $146,520,752 $146,520,752 Medical Assistance Program CFDA93.778 $146,520,752 $146,520,752 $146,520,752 TOTAL PUBLIC FUNDS $245,807,928 $245,807,928 $245,807,928 82. PeachCare Appropriation (HB85) The purpose is to offer comprehensive health care to uninsured children living in Georgia. TOTAL STATE FUNDS $67,159,673 $67,159,673 $67,159,673 State General Funds $62,188,968 $62,188,968 $62,188,968 Tobacco Settlement Funds $4,970,705 $4,970,705 $4,970,705 TOTAL FEDERAL FUNDS $174,337,041 $174,337,041 $174,337,041 State Children's Insurance Program CFDA93.767 $174,337,041 $174,337,041 $174,337,041 964 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $241,496,714 $241,496,714 $241,496,714 Changes in the Size of the Program 82.1 Restore the dental codes cut in FY 2006 budget in the PeachCare dental budget using funds already included in the CMO rates as members move into risk-based managed care.(H and S:YES) State General Funds $0 $0 $0 PeachCare Appropriation (HB1026) The purpose is to offer comprehensive health care to uninsured children living in Georgia. TOTAL STATE FUNDS $67,159,673 $67,159,673 $67,159,673 State General Funds $62,188,968 $62,188,968 $62,188,968 Tobacco Settlement Funds $4,970,705 $4,970,705 $4,970,705 TOTAL FEDERAL FUNDS $174,337,041 $174,337,041 $174,337,041 State Children's Insurance Program CFDA93.767 $174,337,041 $174,337,041 $174,337,041 TOTAL PUBLIC FUNDS $241,496,714 $241,496,714 $241,496,714 83. State Health Benefit Plan Appropriation (HB85) 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 INTRA-STATE GOVERNMENT TRANSFERS $1,959,882,468 $1,959,882,468 $1,959,882,468 Health Insurance Payments $1,959,882,468 $1,959,882,468 $1,959,882,468 TOTAL PUBLIC FUNDS $1,959,882,468 $1,959,882,468 $1,959,882,468 Changes in Operations / Administration 83.1 Increase funds to reflect appropriated employer contributions and employee premiums for the State Health Benefit Plan. Health Insurance Payments $232,118,461 $232,118,461 $232,118,461 State Health Benefit Plan Appropriation (HB1026) 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%. THURSDAY, FEBRUARY 16, 2006 965 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Health Insurance Payments TOTAL PUBLIC FUNDS $2,192,000,929 $2,192,000,929 $2,192,000,929 $2,192,000,929 $2,192,000,929 $2,192,000,929 $2,192,000,929 $2,192,000,929 $2,192,000,929 84. Composite Board of Medical Examiners Appropriation (HB85) 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 STATE FUNDS $2,135,705 $2,135,705 $2,135,705 State General Funds $2,135,705 $2,135,705 $2,135,705 TOTAL PUBLIC FUNDS $2,135,705 $2,135,705 $2,135,705 Statewide Changes 84.1 WC, GTA, and GBA State General Funds $1,137 $1,137 $1,137 Composite Board of Medical Examiners Appropriation (HB1026) 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 STATE FUNDS $2,136,842 $2,136,842 $2,136,842 State General Funds $2,136,842 $2,136,842 $2,136,842 TOTAL PUBLIC FUNDS $2,136,842 $2,136,842 $2,136,842 85. Physician Workforce, Georgia Board of: Board Appropriation (HB85) Administration The purpose is to provide support services to the programs of the Georgia Board of Physician Workforce. TOTAL STATE FUNDS $533,241 $533,241 $533,241 State General Funds $533,241 $533,241 $533,241 TOTAL PUBLIC FUNDS $533,241 $533,241 $533,241 Statewide Changes 85.1 WC, GTA, and GBA State General Funds $256 $256 $256 966 JOURNAL OF THE HOUSE Physician Workforce, Georgia Board of: Board Appropriation (HB1026) The purpose is to provide support services to the programs of the Georgia Board of Physician Workforce. TOTAL STATE FUNDS $533,497 $533,497 $533,497 State General Funds $533,497 $533,497 $533,497 TOTAL PUBLIC FUNDS $533,497 $533,497 $533,497 86. Physician Workforce, Georgia Board of: Graduate Appropriation (HB85) 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 STATE FUNDS $6,501,965 $6,501,965 $6,501,965 State General Funds $6,501,965 $6,501,965 $6,501,965 TOTAL PUBLIC FUNDS $6,501,965 $6,501,965 $6,501,965 Physician Workforce, Georgia Board of: Graduate Medical Appropriation (HB1026) 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 STATE FUNDS $6,501,965 $6,501,965 $6,501,965 State General Funds $6,501,965 $6,501,965 $6,501,965 TOTAL PUBLIC FUNDS $6,501,965 $6,501,965 $6,501,965 87. Physician Workforce, Georgia Board of: Mercer School of Appropriation (HB85) Medicine Grant The purpose is to recruit and train students as physicians committed to the primary healthcare needs of underserved Georgians. TOTAL STATE FUNDS $17,960,862 $17,960,862 $17,960,862 State General Funds $17,960,862 $17,960,862 $17,960,862 TOTAL PUBLIC FUNDS $17,960,862 $17,960,862 $17,960,862 Physician Workforce, Georgia Board of: Mercer School of Appropriation (HB1026) Medicine Grant THURSDAY, FEBRUARY 16, 2006 967 The purpose is to recruit and train students as physicians committed to the primary healthcare needs of underserved Georgians. TOTAL STATE FUNDS $17,960,862 $17,960,862 $17,960,862 State General Funds $17,960,862 $17,960,862 $17,960,862 TOTAL PUBLIC FUNDS $17,960,862 $17,960,862 $17,960,862 88. Physician Workforce, Georgia Board of: Morehouse Appropriation (HB85) School of Medicine Grant The purpose is to recruit and train students as physicians committed to the primary healthcare needs of underserved Georgians. TOTAL STATE FUNDS $10,141,628 $10,141,628 $10,141,628 State General Funds $10,141,628 $10,141,628 $10,141,628 TOTAL PUBLIC FUNDS $10,141,628 $10,141,628 $10,141,628 Physician Workforce, Georgia Board of: Morehouse School of Appropriation (HB1026) Medicine Grant The purpose is to recruit and train students as physicians committed to the primary healthcare needs of underserved Georgians. TOTAL STATE FUNDS $10,141,628 $10,141,628 $10,141,628 State General Funds $10,141,628 $10,141,628 $10,141,628 TOTAL PUBLIC FUNDS $10,141,628 $10,141,628 $10,141,628 89. Physician Workforce, Georgia Board of: Undergraduate Appropriation (HB85) 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 STATE FUNDS $3,428,706 $3,428,706 $3,428,706 State General Funds $3,428,706 $3,428,706 $3,428,706 TOTAL PUBLIC FUNDS $3,428,706 $3,428,706 $3,428,706 Physician Workforce, Georgia Board of: Undergraduate Appropriation (HB1026) Medical Education 968 JOURNAL OF THE HOUSE 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 STATE FUNDS $3,428,706 $3,428,706 $3,428,706 State General Funds $3,428,706 $3,428,706 $3,428,706 TOTAL PUBLIC FUNDS $3,428,706 $3,428,706 $3,428,706 90. Medical Education Board, State Appropriation (HB85) 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 STATE FUNDS $1,352,788 $1,352,788 $1,352,788 State General Funds $1,352,788 $1,352,788 $1,352,788 TOTAL PUBLIC FUNDS $1,352,788 $1,352,788 $1,352,788 Statewide Changes 90.1 WC, GTA, and GBA State General Funds $122 $122 $122 Medical Education Board, State Appropriation (HB1026) 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 STATE FUNDS $1,352,910 $1,352,910 $1,352,910 State General Funds $1,352,910 $1,352,910 $1,352,910 TOTAL PUBLIC FUNDS $1,352,910 $1,352,910 $1,352,910 This paragraph applies to and only to the appropriations for the "MEDICAID: LOW-INCOME 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. Section 18: Corrections, Department of Section Total (HB85) THURSDAY, FEBRUARY 16, 2006 969 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS National School Lunch Program CFDA10.555 Residential Substance Abuse Treatment-State Prisoners CFDA16.593 State Criminal Alien Assistance Program CFDA16.606 TOTAL AGENCY FUNDS Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Bulletproof Vest Partnership Program CFDA16.607 Byrne Formula Grant Program CFDA16.579 Community Prosecution & Project Safe Neighborhoods CFDA16.609 Employment & Training Admin. Pilots, Demonstrations, & Research CFDA17.261 Federal Highway Administration Planning & Construction CFDA20.205 Grants to States for Incarcerated Youth Offenders CFDA84.331 Group of Eight Summit Reimbursements CFDA19.OFA HIV Care Formula Grants CFDA93.917 Literacy Programs for Prisoners CFDA84.255 National School Lunch Program CFDA10.555 Promoting Safe and Stable Families CFDA 93.556 Residential Substance Abuse Treatment-State Prisoners CFDA16.593 $927,228,065 $927,228,065 $10,316,943 $1,625,794 $700,000 $927,228,065 $927,228,065 $10,316,943 $1,625,794 $700,000 $927,228,065 $927,228,065 $10,316,943 $1,625,794 $700,000 $7,991,149 $7,991,149 $21,256,350 $21,256,350 $3,837,834 $3,837,834 $17,418,516 $17,418,516 $958,801,358 $958,801,358 Final Section Totals $967,182,400 $967,631,189 $967,182,400 $967,631,189 $10,299,982 $10,302,730 $7,991,149 $21,256,350 $3,837,834 $17,418,516 $958,801,358 $967,631,189 $967,631,189 $15,353,265 $1,431 $122,500 $281,027 $78,376 $2,411 $1,594,451 $700,000 $1,597,199 $700,000 $727,857 $69,280 $53,654 $198,085 $1,597,199 $31,542 $700,000 970 JOURNAL OF THE HOUSE Special Education Grants to States CFDA 84.027 State Criminal Alien Assistance Program CFDA16.606 Violence Against Women Formula Grants CFDA16.588 Violent Offender Incarceration & Truth in Sentencing CFDA16.586 TOTAL AGENCY FUNDS Reserved Fund Balances Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS $8,005,531 $20,725,148 $3,533,632 $17,191,516 $998,207,530 $8,005,531 $20,747,651 $3,533,632 $17,214,019 $998,681,570 $74,305 $8,005,531 $56,558 $3,353,509 $38,436,866 $234,681 $1,968,576 $6,592,371 $29,641,238 $1,308,201 $1,022,729,521 91. Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB85) The purpose is to provide a sanctioning option for probationers who require more security and supervision than provided by regular community supervision. TOTAL STATE FUNDS $3,226,673 $3,226,673 $3,226,673 State General Funds $3,226,673 $3,226,673 $3,226,673 TOTAL FEDERAL FUNDS $20,743 $20,743 $20,743 National School Lunch Program CFDA10.555 $20,743 $20,743 $20,743 TOTAL AGENCY FUNDS $7,046 $7,046 $7,046 Sales and Services $7,046 $7,046 $7,046 Inmate Store Revenues $7,046 $7,046 $7,046 TOTAL PUBLIC FUNDS $3,254,462 $3,254,462 $3,254,462 Statewide Changes 91.1 WC, GTA, and GBA State General Funds $4,434 $4,434 $4,434 Changes in the Size of the Program 91.2 Transfer RSAT Contract Funds to cover PSATC Contract Costs increases. This increase is based on the state employee payraise (2%). State General Funds $13,330 $13,330 $13,330 THURSDAY, FEBRUARY 16, 2006 971 91.3 Reduce funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds ($51,930) ($51,930) ($51,930) 91.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognizing agency funds for violent offender bedspace and the Spectrum Contract. Violent Offender Incarceration & Truth in Sentencing CFDA16.586 $400,480 Telephone Commissions $6,807 TOTAL PUBLIC FUNDS $407,287 Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB1026) The purpose is to provide a sanctioning option for probationers who require more security and supervision than provided by regular community supervision. TOTAL STATE FUNDS $3,192,507 $3,192,507 $3,192,507 State General Funds $3,192,507 $3,192,507 $3,192,507 TOTAL FEDERAL FUNDS $20,743 $20,743 $421,223 National School Lunch Program CFDA10.555 $20,743 $20,743 $20,743 Violent Offender Incarceration & Truth in Sentencing CFDA16.586 $400,480 TOTAL AGENCY FUNDS $7,046 $7,046 $13,853 Sales and Services $7,046 $7,046 $13,853 Inmate Store Revenues $7,046 $7,046 $7,046 Telephone Commissions $6,807 TOTAL PUBLIC FUNDS $3,220,296 $3,220,296 $3,627,583 92. Compensation Per General Assembly Resolutions Appropriation (HB85) The purpose is to fund HR108 of the 2005 session. TOTAL STATE FUNDS $512,377 $512,377 $512,377 State General Funds $512,377 $512,377 $512,377 TOTAL PUBLIC FUNDS $512,377 $512,377 $512,377 One-Time Expense 92.1 Provide full funding of an annuity for a wrongfully convicted inmate as required by HR108. State General Funds $200,000 $200,000 $200,000 Compensation Per General Assembly Resolutions Appropriation (HB1026) 972 JOURNAL OF THE HOUSE The purpose is to fund HR108 of the 2005 session. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $712,377 $712,377 $712,377 $712,377 $712,377 $712,377 $712,377 $712,377 $712,377 93. County Jail Subsidy Appropriation (HB85) The purpose is to reimburse counties for the costs of incarcerating state prisoners in their local facilities. TOTAL STATE FUNDS $9,653,491 $9,653,491 $9,653,491 State General Funds $9,653,491 $9,653,491 $9,653,491 TOTAL FEDERAL FUNDS $2,501,508 $2,501,508 $2,501,508 State Criminal Alien Assistance Program CFDA16.606 $2,501,508 $2,501,508 $2,501,508 TOTAL PUBLIC FUNDS $12,154,999 $12,154,999 $12,154,999 Changes in the Size of the Program 93.1 Provide additional funds for County Subsidy for Jails. State General Funds $3,175,805 $3,175,805 $3,175,805 County Jail Subsidy Appropriation (HB1026) The purpose is to reimburse counties for the costs of incarcerating state prisoners in their local facilities. TOTAL STATE FUNDS $12,829,296 $12,829,296 $12,829,296 State General Funds $12,829,296 $12,829,296 $12,829,296 TOTAL FEDERAL FUNDS $2,501,508 $2,501,508 $2,501,508 State Criminal Alien Assistance Program CFDA16.606 $2,501,508 $2,501,508 $2,501,508 TOTAL PUBLIC FUNDS $15,330,804 $15,330,804 $15,330,804 94. Departmental Administration Appropriation (HB85) 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 STATE FUNDS $53,012,017 $53,012,017 $53,012,017 State General Funds $53,012,017 $53,012,017 $53,012,017 TOTAL FEDERAL FUNDS $1,836,000 $1,836,000 $1,836,000 State Criminal Alien Assistance Program CFDA16.606 $1,836,000 $1,836,000 $1,836,000 TOTAL PUBLIC FUNDS $54,848,017 $54,848,017 $54,848,017 THURSDAY, FEBRUARY 16, 2006 973 Statewide Changes 94.1 WC, GTA, and GBA State General Funds $74,732 $74,732 $74,732 Changes in Operations / Administration 94.8 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to transfer funds for claims and judgments and to cover deficits. State General Funds ($93,740) One-Time Expense 94.9 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase funds from insurance claims and telephone commission funds for operating expenses. Rebates, Refunds, and Reimbursements Not Itemized $115,229 Agency to Agency Contracts $65,456 TOTAL PUBLIC FUNDS $180,685 94.10 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for reimbursement from the G-8 Summit. Group of Eight Summit Reimbursements CFDA19.OFA $10,000 Changes in the Size of the Program 94.2 Transfer RSAT Contract Funds to cover the RSAT Vocational Education component in the State Prison Program and the RSAT contract increase in the Bainbridge PSATC Program. State General Funds ($214,569) ($214,569) ($214,569) 94.3 Transfer funds from closing a Probation Detention Center to cover the assessment fees for fuel storage tanks. State General Funds $220,000 $0 $0 94.4 Transfer funds from closing a Probation Detention Center to cover fees to store records at the State Record Center. State General Funds $60,963 $0 $0 94.5 Transfer funds from other programs to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds $2,513,950 $2,513,950 $2,513,950 94.6 Transfer one position to the Georgia Peace Officer Standards and Training Council have case investigations performed by an outside party so a GDC officer is not investigated by a GDC Investigator. State General Funds ($10,767) ($10,767) ($10,767) 94.7 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds 974 JOURNAL OF THE HOUSE and agency funds for the State Criminal Alien Assistance program, life skills training for inmates, and violent offender bedspace. Federal Highway Administration Planning & Construction $2,411 CFDA20.205 Grants to States for Incarcerated Youth Offenders CFDA84.331 $278,505 Literacy Programs for Prisoners CFDA84.255 $198,085 Special Education Grants to States CFDA 84.027 $1,000 Violent Offender Incarceration & Truth in Sentencing CFDA16.586 $70,000 Royalties and Rents Not Itemized $2,233,259 Sales and Services Not Itemized $160,014 Telephone Commissions $1,060,027 TOTAL PUBLIC FUNDS $4,003,301 Departmental Administration Appropriation (HB1026) 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 STATE FUNDS $55,656,326 $55,375,363 $55,281,623 State General Funds $55,656,326 $55,375,363 $55,281,623 TOTAL FEDERAL FUNDS $1,836,000 $1,836,000 $2,396,001 Federal Highway Administration Planning & Construction $2,411 CFDA20.205 Grants to States for Incarcerated Youth Offenders CFDA84.331 $278,505 Group of Eight Summit Reimbursements CFDA19.OFA $10,000 Literacy Programs for Prisoners CFDA84.255 $198,085 Special Education Grants to States CFDA 84.027 $1,000 State Criminal Alien Assistance Program CFDA16.606 $1,836,000 $1,836,000 $1,836,000 Violent Offender Incarceration & Truth in Sentencing CFDA16.586 $70,000 TOTAL AGENCY FUNDS $3,568,529 Rebates, Refunds, and Reimbursements $115,229 Rebates, Refunds, and Reimbursements Not Itemized $115,229 Royalties and Rents $2,233,259 Royalties and Rents Not Itemized $2,233,259 THURSDAY, FEBRUARY 16, 2006 975 Sales and Services Sales and Services Not Itemized Telephone Commissions TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency to Agency Contracts TOTAL PUBLIC FUNDS $57,492,326 $57,211,363 $1,220,041 $160,014 $1,060,027 $65,456 $65,456 $61,311,609 95. Detention Centers Appropriation (HB85) 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 STATE FUNDS $43,455,859 $43,455,859 $43,455,859 State General Funds $43,455,859 $43,455,859 $43,455,859 TOTAL FEDERAL FUNDS $2,574,466 $2,574,466 $2,574,466 National School Lunch Program CFDA10.555 $497,987 $497,987 $497,987 State Criminal Alien Assistance Program CFDA16.606 $2,076,479 $2,076,479 $2,076,479 TOTAL AGENCY FUNDS $1,136,399 $1,136,399 $1,136,399 Sales and Services $1,136,399 $1,136,399 $1,136,399 Inmate Details - DOT $743,236 $743,236 $743,236 Inmate Store Revenues $393,163 $393,163 $393,163 TOTAL PUBLIC FUNDS $47,166,724 $47,166,724 $47,166,724 Statewide Changes 95.1 WC, GTA, and GBA State General Funds $64,266 $64,266 $64,266 Changes in Operations / Administration 95.7 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to transfer funds to cover deficits. State General Funds ($89,240) Changes in the Size of the Program 95.2 Transfer funds from other programs to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds $535,252 $535,252 $535,252 976 JOURNAL OF THE HOUSE 95.3 Transfer funds from closing a Probation Detention Center to Inmate Release Funds, Fuel Storage Tank Maintenance, State Record Center storage and Medical Payments to County Correctional Institutions. State General Funds ($1,463,780) $0 $0 National School Lunch Program CFDA10.555 ($2,748) $0 $0 Inmate Details - DOT ($22,503) $0 $0 TOTAL PUBLIC FUNDS ($1,489,031) $0 $0 95.4 Redistribute funds from closing a Probation Detention Center to open Long Inmate Boot Camp attached to Smith State Prison. State General Funds ($1,295,585) ($1,295,585) ($1,295,585) National School Lunch Program CFDA10.555 ($9,910) ($9,910) ($9,910) Inmate Details - DOT ($185,878) ($185,878) ($185,878) Inmate Store Revenues ($17,011) ($17,011) ($17,011) TOTAL PUBLIC FUNDS ($1,508,384) ($1,508,384) ($1,508,384) 95.5 Redistribute funds from converting a Probation Detention Center to a State Prison Unit. State General Funds ($1,340,431) ($1,340,431) ($1,340,431) National School Lunch Program CFDA10.555 ($18,685) ($18,685) ($18,685) Inmate Store Revenues ($15,747) ($15,747) ($15,747) TOTAL PUBLIC FUNDS ($1,374,863) ($1,374,863) ($1,374,863) 95.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognizing agency funds for violent offender bedspace and contracts for offender work detail. Violent Offender Incarceration & Truth in Sentencing CFDA16.586 $2,025,459 Royalties and Rents Not Itemized $600,000 Inmate Details - DOT $4,325,085 Inmate Store Revenues $100,000 TOTAL PUBLIC FUNDS $7,050,544 Detention Centers Appropriation (HB1026) 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 STATE FUNDS $39,955,581 $41,419,361 $41,330,121 State General Funds $39,955,581 $41,419,361 $41,330,121 TOTAL FEDERAL FUNDS $2,543,123 $2,545,871 $4,571,330 THURSDAY, FEBRUARY 16, 2006 977 National School Lunch Program CFDA10.555 State Criminal Alien Assistance Program CFDA16.606 Violent Offender Incarceration & Truth in Sentencing CFDA16.586 TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Inmate Details - DOT Inmate Store Revenues TOTAL PUBLIC FUNDS $466,644 $2,076,479 $895,260 $895,260 $534,855 $360,405 $43,393,964 $469,392 $2,076,479 $917,763 $917,763 $557,358 $360,405 $44,882,995 $469,392 $2,076,479 $2,025,459 $5,942,848 $600,000 $600,000 $5,342,848 $4,882,443 $460,405 $51,844,299 96. Food and Farm Operations Appropriation (HB85) The purpose is to raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS $12,407,740 $12,407,740 $12,407,740 State General Funds $12,407,740 $12,407,740 $12,407,740 TOTAL FEDERAL FUNDS $22,000 $22,000 $22,000 National School Lunch Program CFDA10.555 $22,000 $22,000 $22,000 TOTAL AGENCY FUNDS $194,725 $194,725 $194,725 Sales and Services $194,725 $194,725 $194,725 Sales and Services Not Itemized $194,725 $194,725 $194,725 TOTAL PUBLIC FUNDS $12,624,465 $12,624,465 $12,624,465 Statewide Changes 96.1 WC, GTA, and GBA State General Funds $17,201 $17,201 $17,201 One-Time Expense 96.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase funds from insurance claims for operating expenses. Rebates, Refunds, and Reimbursements Not Itemized $11,000 Changes in How the Program is Funded 96.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to transfer funds from Valdosta State Prison to Food Distribution. 978 JOURNAL OF THE HOUSE State General Funds $6,120 National School Lunch Program CFDA10.555 ($6,120) TOTAL PUBLIC FUNDS $0 Changes in the Size of the Program 96.2 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds ($41,677) ($41,677) ($41,677) 96.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase funds in operating expenses from the sale of beef for the purchase of beef trimmings and products. Sales and Services Not Itemized $136,473 Food and Farm Operations Appropriation (HB1026) The purpose is to raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS $12,383,264 $12,383,264 $12,389,384 State General Funds $12,383,264 $12,383,264 $12,389,384 TOTAL FEDERAL FUNDS $22,000 $22,000 $15,880 National School Lunch Program CFDA10.555 $22,000 $22,000 $15,880 TOTAL AGENCY FUNDS $194,725 $194,725 $342,198 Rebates, Refunds, and Reimbursements $11,000 Rebates, Refunds, and Reimbursements Not Itemized $11,000 Sales and Services $194,725 $194,725 $331,198 Sales and Services Not Itemized $194,725 $194,725 $331,198 TOTAL PUBLIC FUNDS $12,599,989 $12,599,989 $12,747,462 97. Health Appropriation (HB85) 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 STATE FUNDS $151,543,143 $151,543,143 $151,543,143 State General Funds $151,543,143 $151,543,143 $151,543,143 TOTAL AGENCY FUNDS $8,464,209 $8,464,209 $8,464,209 Sales and Services $8,464,209 $8,464,209 $8,464,209 Sick Call Fees $200,000 $200,000 $200,000 THURSDAY, FEBRUARY 16, 2006 979 Telephone Commissions $8,264,209 $8,264,209 $8,264,209 TOTAL PUBLIC FUNDS $160,007,352 $160,007,352 $160,007,352 Statewide Changes 97.1 WC, GTA, and GBA State General Funds $218,015 $218,015 $218,015 One-Time Expense 97.2 Transfer funds from closing a Probation Detention Center to reimburse County Correctional Institutions for medical payments resulting from a catastrophic burn case. State General Funds $600,000 $0 $0 Changes in the Size of the Program 97.3 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds ($402,267) ($402,267) ($402,267) 97.4 Provide start-up and operating funds for 918 additional beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. State General Funds $782,532 $782,532 $782,532 97.5 Provide additional funds for Health Services Purchases. State General Funds $11,181,124 $11,181,124 $11,181,124 97.6 Provide start-up and operating funds for 1348 temporary beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. State General Funds $2,199,740 $2,199,740 $2,199,740 97.7 Provide start-up and operating funds for 768 beds at four vacant Probation Detention Centers to be operated as State Prison units to reduce county jail backlogs and meet increased capacity needs. (H and S:The facilities should be opened in the following order: Lamar, Wilkes, Appling, and Turner) State General Funds $603,306 $603,306 $603,306 97.8 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognizing agency funds for operating expenses, pre-release services for HIV positive inmates, and mental health diversion pilot program in Hall County. Byrne Formula Grant Program CFDA16.579 $122,500 HIV Care Formula Grants CFDA93.917 $53,654 Sales and Services Not Itemized $13,039 980 JOURNAL OF THE HOUSE Sick Call Fees $160,000 Telephone Commissions $2,735,791 TOTAL PUBLIC FUNDS $3,084,984 Health Appropriation (HB1026) 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 STATE FUNDS $166,725,593 $166,125,593 $166,125,593 State General Funds $166,725,593 $166,125,593 $166,125,593 TOTAL FEDERAL FUNDS $176,154 Byrne Formula Grant Program CFDA16.579 $122,500 HIV Care Formula Grants CFDA93.917 $53,654 TOTAL AGENCY FUNDS $8,464,209 $8,464,209 $11,373,039 Sales and Services $8,464,209 $8,464,209 $11,373,039 Sales and Services Not Itemized $13,039 Sick Call Fees $200,000 $200,000 $360,000 Telephone Commissions $8,264,209 $8,264,209 $11,000,000 TOTAL PUBLIC FUNDS $175,189,802 $174,589,802 $177,674,786 98. Offender Management Appropriation (HB85) The purpose is to provide cost effective correctional services that ensures public safety. TOTAL STATE FUNDS $44,118,606 $44,118,606 $44,118,606 State General Funds $44,118,606 $44,118,606 $44,118,606 TOTAL PUBLIC FUNDS $44,118,606 $44,118,606 $44,118,606 Statewide Changes 98.1 WC, GTA, and GBA State General Funds $60,113 $60,113 $60,113 One-Time Expense 98.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds for G-8 Summit reimbursements. Group of Eight Summit Reimbursements CFDA19.OFA $59,280 THURSDAY, FEBRUARY 16, 2006 981 Changes in the Size of the Program 98.2 Transfer funds from closing a Probation Detention Center to Inmate Release Funds. State General Funds $134,028 $0 $0 98.3 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds ($104,698) ($104,698) ($104,698) Offender Management Appropriation (HB1026) The purpose is to provide cost effective correctional services that ensures public safety. TOTAL STATE FUNDS $44,208,049 $44,074,021 $44,074,021 State General Funds $44,208,049 $44,074,021 $44,074,021 TOTAL FEDERAL FUNDS $59,280 Group of Eight Summit Reimbursements CFDA19.OFA $59,280 TOTAL PUBLIC FUNDS $44,208,049 $44,074,021 $44,133,301 99. Parole Revocation Centers Appropriation (HB85) The purpose is to provide a sanction for parole violations. TOTAL STATE FUNDS $3,835,308 $3,835,308 $3,835,308 State General Funds $3,835,308 $3,835,308 $3,835,308 TOTAL FEDERAL FUNDS $10,510 $10,510 $10,510 National School Lunch Program CFDA10.555 $10,510 $10,510 $10,510 TOTAL AGENCY FUNDS $49,138 $49,138 $49,138 Sales and Services $49,138 $49,138 $49,138 Inmate Store Revenues $49,138 $49,138 $49,138 TOTAL PUBLIC FUNDS $3,894,956 $3,894,956 $3,894,956 Statewide Changes 99.1 WC, GTA, and GBA State General Funds $5,307 $5,307 $5,307 Changes in Operations / Administration 99.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase funds for operating expenses. 982 JOURNAL OF THE HOUSE State General Funds $13,056 Changes in the Size of the Program 99.2 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds ($2,847) ($2,847) ($2,847) 99.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds for city, county and other agency payments for contracts for offender work details. Inmate Details - City and County $525,000 Parole Revocation Centers Appropriation (HB1026) The purpose is to provide a sanction for parole violations. TOTAL STATE FUNDS $3,837,768 $3,837,768 $3,850,824 State General Funds $3,837,768 $3,837,768 $3,850,824 TOTAL FEDERAL FUNDS $10,510 $10,510 $10,510 National School Lunch Program CFDA10.555 $10,510 $10,510 $10,510 TOTAL AGENCY FUNDS $49,138 $49,138 $574,138 Sales and Services $49,138 $49,138 $574,138 Inmate Details - City and County $525,000 Inmate Store Revenues $49,138 $49,138 $49,138 TOTAL PUBLIC FUNDS $3,897,416 $3,897,416 $4,435,472 100. Private Prisons Appropriation (HB85) The purpose is to provide cost effective correctional services that ensure public safety. TOTAL STATE FUNDS $72,518,200 $72,518,200 $72,518,200 State General Funds $72,518,200 $72,518,200 $72,518,200 TOTAL PUBLIC FUNDS $72,518,200 $72,518,200 $72,518,200 Changes in the Size of the Program 100.1 Provide for a 3.5% CPI increase in the per diem rate for contracted prison beds and 470 additional inmates. State General Funds $3,401,212 $3,401,212 $3,401,212 Private Prisons Appropriation (HB1026) The purpose is to provide cost effective correctional services that ensure public safety. TOTAL STATE FUNDS $75,919,412 $75,919,412 $75,919,412 THURSDAY, FEBRUARY 16, 2006 983 State General Funds TOTAL PUBLIC FUNDS $75,919,412 $75,919,412 $75,919,412 $75,919,412 $75,919,412 $75,919,412 101. Probation Diversion Centers Appropriation (HB85) 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 STATE FUNDS $12,784,156 $12,784,156 $12,784,156 State General Funds $12,784,156 $12,784,156 $12,784,156 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 State Criminal Alien Assistance Program CFDA16.606 $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $3,188,692 $3,188,692 $3,188,692 Royalties and Rents $3,180,834 $3,180,834 $3,180,834 Diversion Center Maintenance - Room and Board $3,180,834 $3,180,834 $3,180,834 Sales and Services $7,858 $7,858 $7,858 Inmate Store Revenues $7,858 $7,858 $7,858 TOTAL PUBLIC FUNDS $16,172,848 $16,172,848 $16,172,848 Statewide Changes 101.1 WC, GTA, and GBA State General Funds $22,036 $22,036 $22,036 Changes in Operations / Administration 101.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to transfer funds to cover deficits. State General Funds ($40,216) Changes in the Size of the Program 101.2 Transfer funds from other programs to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds $249,324 $249,324 $249,324 101.3 Redistribute funds from converting two Probation Diversion Centers to Transition Centers. State General Funds ($1,144,195) ($1,144,195) ($1,144,195) Diversion Center Maintenance - Room and Board ($304,202) ($304,202) ($304,202) TOTAL PUBLIC FUNDS ($1,448,397) ($1,448,397) ($1,448,397) 984 JOURNAL OF THE HOUSE 101.4 To transfer the Dalton Diversion Center to the Department of Public Safety to develop as a training center. (H:YES) (S:YES) State General Funds $0 $0 101.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognizing agency funds for violent offender bedspace and operating expenses. Violent Offender Incarceration & Truth in Sentencing CFDA16.586 $195,712 Agency Funds Prior Year $234,681 Collection/Administrative Fees $1,500 Inmate Store Revenues $300,001 TOTAL PUBLIC FUNDS $731,894 Probation Diversion Centers Appropriation (HB1026) 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 STATE FUNDS $11,911,321 $11,911,321 $11,871,105 State General Funds $11,911,321 $11,911,321 $11,871,105 TOTAL FEDERAL FUNDS $200,000 $200,000 $395,712 State Criminal Alien Assistance Program CFDA16.606 $200,000 $200,000 $200,000 Violent Offender Incarceration & Truth in Sentencing CFDA16.586 $195,712 TOTAL AGENCY FUNDS $2,884,490 $2,884,490 $3,420,672 Reserved Fund Balances $234,681 Agency Funds Prior Year $234,681 Royalties and Rents $2,876,632 $2,876,632 $2,876,632 Diversion Center Maintenance - Room and Board $2,876,632 $2,876,632 $2,876,632 Sales and Services $7,858 $7,858 $309,359 Collection/Administrative Fees $1,500 Inmate Store Revenues $7,858 $7,858 $307,859 TOTAL PUBLIC FUNDS $14,995,811 $14,995,811 $15,687,489 102. Probation Supervision The purpose is to supervise probationers. TOTAL STATE FUNDS Appropriation (HB85) $68,632,697 $68,632,697 $68,632,697 THURSDAY, FEBRUARY 16, 2006 985 State General Funds $68,632,697 $68,632,697 $68,632,697 TOTAL PUBLIC FUNDS $68,632,697 $68,632,697 $68,632,697 Statewide Changes 102.1 WC, GTA, and GBA State General Funds $93,514 $93,514 $93,514 Changes in Operations / Administration 102.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to fund a deficit for a digital duplicator at the Atlanta TC. State General Funds ($28,114) Changes in the Size of the Program 102.2 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds ($122,728) ($122,728) ($122,728) 102.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognizing agency funds for the substance abuse program. Bulletproof Vest Partnership Program CFDA16.607 $1,431 Community Prosecution & Project Safe Neighborhoods CFDA16.609 $281,027 Violence Against Women Formula Grants CFDA16.588 $56,558 Violent Offender Incarceration & Truth in Sentencing CFDA16.586 $661,858 Royalties and Rents Not Itemized $110,000 Collection/Administrative Fees $5,200 Telephone Commissions $547,291 TOTAL PUBLIC FUNDS $1,663,365 Probation Supervision Appropriation (HB1026) The purpose is to supervise probationers. TOTAL STATE FUNDS $68,603,483 $68,603,483 $68,575,369 State General Funds $68,603,483 $68,603,483 $68,575,369 TOTAL FEDERAL FUNDS $1,000,874 Bulletproof Vest Partnership Program CFDA16.607 $1,431 Community Prosecution & Project Safe Neighborhoods $281,027 CFDA16.609 986 JOURNAL OF THE HOUSE Violence Against Women Formula Grants CFDA16.588 Violent Offender Incarceration & Truth in Sentencing CFDA16.586 TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Collection/Administrative Fees Telephone Commissions TOTAL PUBLIC FUNDS $68,603,483 $68,603,483 $56,558 $661,858 $662,491 $110,000 $110,000 $552,491 $5,200 $547,291 $70,238,734 103. State Prisons Appropriation (HB85) The purpose is to house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment. TOTAL STATE FUNDS $431,214,343 $431,214,343 $431,214,343 State General Funds $431,214,343 $431,214,343 $431,214,343 TOTAL FEDERAL FUNDS $3,151,716 $3,151,716 $3,151,716 National School Lunch Program CFDA10.555 $1,074,554 $1,074,554 $1,074,554 Residential Substance Abuse Treatment-State Prisoners $700,000 $700,000 $700,000 CFDA16.593 State Criminal Alien Assistance Program CFDA16.606 $1,377,162 $1,377,162 $1,377,162 TOTAL AGENCY FUNDS $8,216,141 $8,216,141 $8,216,141 Royalties and Rents $657,000 $657,000 $657,000 Royalties and Rents Not Itemized $657,000 $657,000 $657,000 Sales and Services $7,559,141 $7,559,141 $7,559,141 Collection/Administrative Fees $525,000 $525,000 $525,000 Inmate Details - City and County $3,695,594 $3,695,594 $3,695,594 Inmate Details - DOT $393,752 $393,752 $393,752 Inmate Details - Georgia Correctional Industries Administration $702,000 $702,000 $702,000 Inmate Store Revenues $2,242,795 $2,242,795 $2,242,795 TOTAL PUBLIC FUNDS $442,582,200 $442,582,200 $442,582,200 Statewide Changes THURSDAY, FEBRUARY 16, 2006 987 103.1 WC, GTA, and GBA State General Funds $603,032 $603,032 $603,032 State Criminal Alien Assistance Program CFDA16.606 $14,382 $14,382 $14,382 Inmate Details - Georgia Correctional Industries Administration $14,139 $14,139 $14,139 TOTAL PUBLIC FUNDS $631,553 $631,553 $631,553 Changes in Operations / Administration 103.2 Provide additional funds for increased utilities cost. State General Funds $8,186,895 $8,186,895 $8,186,895 103.11 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for the transfer of funds for the Hays State Prison for the Community Environmental program and related expenses. State General Funds $220,170 One-Time Expense 103.12 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds for city, county, and other agency payments for contracts for offender work details. Rebates, Refunds, and Reimbursements Not Itemized $1,842,347 Agency to Agency Contracts $1,242,745 TOTAL PUBLIC FUNDS $3,085,092 Changes in the Size of the Program 103.3 Redistribute funds from closing a Probation Detention Center to open Long Inmate Boot Camp attached to Smith State Prison to make available additional prison beds to aid in reducing inmate backlog. State General Funds $1,112,481 $1,112,481 $1,112,481 103.4 Transfer funds for the Vocational Training and Residential Substance Abuse Treatment (RSAT) Program from the Administration Program. State General Funds $201,239 $201,239 $201,239 103.5 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds ($2,620,028) ($2,620,028) ($2,620,028) 103.6 Redistribute funds from converting a Probation Detention Center to increase inmate bedspace and reduce the jail backlog. State General Funds $1,364,383 $1,364,383 $1,364,383 103.7 Provide start-up and operating funds for 768 beds at four vacant Probation Detention Centers to be operated as State 988 JOURNAL OF THE HOUSE Prison units to reduce county jail backlogs and meet increased capacity needs. (H and S:The facilities should be opened in the following order: Lamar, Wilkes, Appling, and Turner) State General Funds $5,879,970 $5,879,970 $5,879,970 103.8 Provide start-up and operating funds for 918 additional beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. State General Funds $1,667,152 $1,667,152 $1,667,152 103.9 Provide start-up and operating funds for 1,348 temporary beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. State General Funds $1,437,327 $1,437,327 $1,437,327 103.10 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognize agency funds for vocational education for incarcerated youths, vocational training at the Autry State Prison, and other operating expenses. Employment & Training Admin. Pilots, Demonstrations, & Research $78,376 CFDA17.261 Grants to States for Incarcerated Youth Offenders CFDA84.331 $449,352 National School Lunch Program CFDA10.555 $6,120 Promoting Safe and Stable Families CFDA 93.556 $31,542 Special Education Grants to States CFDA 84.027 $73,305 Inmate Details - City and County $973,730 Inmate Details - DOT $243,748 Inmate Details - Georgia Correctional Industries Administration $535,500 Sales and Services Not Itemized $224,107 Telephone Commissions $255,426 TOTAL PUBLIC FUNDS $2,871,206 State Prisons Appropriation (HB1026) The purpose is to house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment. TOTAL STATE FUNDS $449,046,794 $449,046,794 $449,266,964 State General Funds $449,046,794 $449,046,794 $449,266,964 THURSDAY, FEBRUARY 16, 2006 989 TOTAL FEDERAL FUNDS Employment & Training Admin. Pilots, Demonstrations, & Research CFDA17.261 Grants to States for Incarcerated Youth Offenders CFDA84.331 National School Lunch Program CFDA10.555 Promoting Safe and Stable Families CFDA 93.556 Residential Substance Abuse Treatment-State Prisoners CFDA16.593 Special Education Grants to States CFDA 84.027 State Criminal Alien Assistance Program CFDA16.606 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Collection/Administrative Fees Inmate Details - City and County Inmate Details - DOT Inmate Details - Georgia Correctional Industries Administration Inmate Store Revenues Sales and Services Not Itemized Telephone Commissions TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency to Agency Contracts TOTAL PUBLIC FUNDS $3,166,098 $3,166,098 $3,804,793 $78,376 $1,074,554 $700,000 $1,074,554 $700,000 $449,352 $1,080,674 $31,542 $700,000 $1,391,544 $8,230,280 $657,000 $657,000 $7,573,280 $525,000 $3,695,594 $393,752 $716,139 $2,242,795 $460,443,172 $1,391,544 $8,230,280 $657,000 $657,000 $7,573,280 $525,000 $3,695,594 $393,752 $716,139 $2,242,795 $460,443,172 $73,305 $1,391,544 $12,305,138 $1,842,347 $1,842,347 $657,000 $657,000 $9,805,791 $525,000 $4,669,324 $637,500 $1,251,639 $2,242,795 $224,107 $255,426 $1,242,745 $1,242,745 $466,619,640 104. Transitional Centers Appropriation (HB85) 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 STATE FUNDS $20,313,455 $20,313,455 $20,313,455 990 JOURNAL OF THE HOUSE State General Funds $20,313,455 $20,313,455 $20,313,455 TOTAL PUBLIC FUNDS $20,313,455 $20,313,455 $20,313,455 Statewide Changes 104.1 WC, GTA, and GBA State General Funds $27,678 $27,678 $27,678 Changes in Operations / Administration 104.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to fund a deficit for a digital duplicator at the Atlanta TC. State General Funds $11,964 Changes in the Size of the Program 104.3 Transfer funds from other programs to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds $47,649 $47,649 $47,649 104.4 Redistribute funds from converting two Probation Diversion Centers to Transition Centers. State General Funds $1,752,136 $1,752,136 $1,752,136 104.5 Provide start-up and operating funds for 918 additional beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. State General Funds $59,711 $59,711 $59,711 104.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds for city, county, and other agency payments for contracts for inmate work detail. Royalties and Rents Not Itemized $115,480 Collection/Administrative Fees $5,980 Inmate Details - City and County $112,500 TOTAL PUBLIC FUNDS $233,960 Transitional Centers Appropriation (HB1026) 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 STATE FUNDS $22,200,629 $22,200,629 $22,212,593 State General Funds $22,200,629 $22,200,629 $22,212,593 TOTAL AGENCY FUNDS $233,960 Royalties and Rents $115,480 THURSDAY, FEBRUARY 16, 2006 991 Royalties and Rents Not Itemized Sales and Services Collection/Administrative Fees Inmate Details - City and County TOTAL PUBLIC FUNDS Section 19: Defense, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Byrne Formula Grant Program CFDA16.579 Military Construction, National Guard CFDA12.400 National Guard Civilian Youth Opportunities CFDA12.404 National Guard Military O & M Projects CFDA12.401 TOTAL AGENCY FUNDS Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Byrne Formula Grant Program CFDA16.579 Military Construction, National Guard CFDA12.400 National Guard Civilian Youth Opportunities CFDA12.404 National Guard Military O & M Projects CFDA12.401 Public Assistance Grants CFDA 97.036 TOTAL AGENCY FUNDS Interest and Investment Income $22,200,629 $22,200,629 $115,480 $118,480 $5,980 $112,500 $22,446,553 Section Total (HB85) $8,359,405 $8,359,405 $8,359,405 $8,359,405 $36,026,553 $36,026,553 $200,000 $200,000 $5,346,232 $5,346,232 $5,329,151 $5,329,151 $25,151,170 $25,151,170 $844,374 $844,374 $138,791 $138,791 $59,889 $59,889 $645,694 $645,694 $45,230,332 $45,230,332 Final Section Totals $8,490,206 $8,490,206 $8,490,206 $8,490,206 $36,326,553 $36,326,553 $200,000 $200,000 $5,346,232 $5,346,232 $5,329,151 $5,329,151 $25,451,170 $25,451,170 $844,374 $138,791 $844,374 $138,791 $8,359,405 $8,359,405 $36,026,553 $200,000 $5,346,232 $5,329,151 $25,151,170 $844,374 $138,791 $59,889 $645,694 $45,230,332 $8,490,206 $8,490,206 $39,109,370 $200,000 $5,346,232 $5,352,965 $28,201,173 $9,000 $844,374 $138,791 992 JOURNAL OF THE HOUSE Royalties and Rents $59,889 $59,889 $59,889 Sales and Services $645,694 $645,694 $645,694 TOTAL PUBLIC FUNDS $45,661,133 $45,661,133 $48,443,950 105. Civil Support Appropriation (HB85) The purpose is to provide an all volunteer force to augment Georgia's organized militia in the event of a federal force mobilization. TOTAL STATE FUNDS $3,353,908 $3,353,908 $3,353,908 State General Funds $3,353,908 $3,353,908 $3,353,908 TOTAL FEDERAL FUNDS $5,670,709 $5,670,709 $5,670,709 Byrne Formula Grant Program CFDA16.579 $200,000 $200,000 $200,000 National Guard Civilian Youth Opportunities CFDA12.404 $5,329,151 $5,329,151 $5,329,151 National Guard Military O & M Projects CFDA12.401 $141,558 $141,558 $141,558 TOTAL PUBLIC FUNDS $9,024,617 $9,024,617 $9,024,617 Statewide Changes 105.1 WC, GTA, and GBA State General Funds $14,256 $14,256 $14,256 Changes in the Size of the Program 105.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds for the Star Base Youth Program and Youth Challenge Activities. National Guard Civilian Youth Opportunities CFDA12.404 $23,814 Civil Support Appropriation (HB1026) The purpose is to provide an all volunteer force to augment Georgia's organized militia in the event of a federal force mobilization. TOTAL STATE FUNDS $3,368,164 $3,368,164 $3,368,164 State General Funds $3,368,164 $3,368,164 $3,368,164 TOTAL FEDERAL FUNDS $5,670,709 $5,670,709 $5,694,523 Byrne Formula Grant Program CFDA16.579 $200,000 $200,000 $200,000 National Guard Civilian Youth Opportunities CFDA12.404 $5,329,151 $5,329,151 $5,352,965 National Guard Military O & M Projects CFDA12.401 $141,558 $141,558 $141,558 TOTAL PUBLIC FUNDS $9,038,873 $9,038,873 $9,062,687 THURSDAY, FEBRUARY 16, 2006 993 106. Departmental Administration Appropriation (HB85) The purpose is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $2,275,222 $2,275,222 $2,275,222 State General Funds $2,275,222 $2,275,222 $2,275,222 TOTAL FEDERAL FUNDS $102,133 $102,133 $102,133 National Guard Military O & M Projects CFDA12.401 $102,133 $102,133 $102,133 TOTAL AGENCY FUNDS $138,791 $138,791 $138,791 Interest and Investment Income $138,791 $138,791 $138,791 Interest and Investment Income Not Itemized $138,791 $138,791 $138,791 TOTAL PUBLIC FUNDS $2,516,146 $2,516,146 $2,516,146 Statewide Changes 106.1 WC, GTA, and GBA State General Funds $10,595 $10,595 $10,595 Changes in the Size of the Program 106.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds for operation and maintenance and Hurricane Wilma. National Guard Military O & M Projects CFDA12.401 $175,907 Public Assistance Grants CFDA 97.036 $9,000 TOTAL PUBLIC FUNDS $184,907 Departmental Administration Appropriation (HB1026) The purpose is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $2,285,817 $2,285,817 $2,285,817 State General Funds $2,285,817 $2,285,817 $2,285,817 TOTAL FEDERAL FUNDS $102,133 $102,133 $287,040 National Guard Military O & M Projects CFDA12.401 $102,133 $102,133 $278,040 Public Assistance Grants CFDA 97.036 $9,000 TOTAL AGENCY FUNDS $138,791 $138,791 $138,791 Interest and Investment Income $138,791 $138,791 $138,791 Interest and Investment Income Not Itemized $138,791 $138,791 $138,791 TOTAL PUBLIC FUNDS $2,526,741 $2,526,741 $2,711,648 994 JOURNAL OF THE HOUSE 107. Facilities Management Appropriation (HB85) 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 STATE FUNDS $2,254,499 $2,254,499 $2,254,499 State General Funds $2,254,499 $2,254,499 $2,254,499 TOTAL FEDERAL FUNDS $29,888,711 $29,888,711 $29,888,711 Military Construction, National Guard CFDA12.400 $5,346,232 $5,346,232 $5,346,232 National Guard Military O & M Projects CFDA12.401 $24,542,479 $24,542,479 $24,542,479 TOTAL AGENCY FUNDS $705,583 $705,583 $705,583 Royalties and Rents $59,889 $59,889 $59,889 Armory Rent $59,889 $59,889 $59,889 Sales and Services $645,694 $645,694 $645,694 Billeting Fund $645,694 $645,694 $645,694 TOTAL PUBLIC FUNDS $32,848,793 $32,848,793 $32,848,793 Statewide Changes 107.1 WC, GTA, and GBA State General Funds $3,382 $3,382 $3,382 Changes in the Size of the Program 107.2 Increase funds to expand and maintain facilities for the JSTARS unit at Robins Air Force Base. State General Funds $100,000 $100,000 $100,000 National Guard Military O & M Projects CFDA12.401 $300,000 $300,000 $300,000 TOTAL PUBLIC FUNDS $400,000 $400,000 $400,000 107.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds for operation and maintenance projects. National Guard Military O & M Projects CFDA12.401 $2,305,534 Facilities Management Appropriation (HB1026) 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 STATE FUNDS $2,357,881 $2,357,881 $2,357,881 State General Funds $2,357,881 $2,357,881 $2,357,881 TOTAL FEDERAL FUNDS $30,188,711 $30,188,711 $32,494,245 THURSDAY, FEBRUARY 16, 2006 995 Military Construction, National Guard CFDA12.400 National Guard Military O & M Projects CFDA12.401 TOTAL AGENCY FUNDS Royalties and Rents Armory Rent Sales and Services Billeting Fund TOTAL PUBLIC FUNDS $5,346,232 $24,842,479 $705,583 $59,889 $59,889 $645,694 $645,694 $33,252,175 $5,346,232 $24,842,479 $705,583 $59,889 $59,889 $645,694 $645,694 $33,252,175 $5,346,232 $27,148,013 $705,583 $59,889 $59,889 $645,694 $645,694 $35,557,709 108. Military Readiness Appropriation (HB85) 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 STATE FUNDS $475,776 $475,776 $475,776 State General Funds $475,776 $475,776 $475,776 TOTAL FEDERAL FUNDS $365,000 $365,000 $365,000 National Guard Military O & M Projects CFDA12.401 $365,000 $365,000 $365,000 TOTAL PUBLIC FUNDS $840,776 $840,776 $840,776 Statewide Changes 108.1 WC, GTA, and GBA State General Funds $2,568 $2,568 $2,568 Changes in the Size of the Program 108.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds for operation and maintenance projects. National Guard Military O & M Projects CFDA12.401 $268,562 Military Readiness Appropriation (HB1026) 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 STATE FUNDS $478,344 $478,344 $478,344 State General Funds $478,344 $478,344 $478,344 TOTAL FEDERAL FUNDS $365,000 $365,000 $633,562 National Guard Military O & M Projects CFDA12.401 $365,000 $365,000 $633,562 996 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $843,344 $843,344 $1,111,906 Section 20: Driver Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total (HB85) $47,163,866 $47,163,866 $47,163,866 $47,163,866 $715,075 $715,075 $715,075 $715,075 $47,878,941 $47,878,941 Final Section Totals $47,312,092 $47,312,092 $47,312,092 $47,312,092 $715,075 $715,075 $715,075 $715,075 $48,027,167 $48,027,167 $47,163,866 $47,163,866 $715,075 $715,075 $47,878,941 $47,312,092 $47,312,092 $715,075 $715,075 $48,027,167 109. Customer Service Support Appropriation (HB85) The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $4,948,415 $4,948,415 $4,948,415 State General Funds $4,948,415 $4,948,415 $4,948,415 TOTAL PUBLIC FUNDS $4,948,415 $4,948,415 $4,948,415 Statewide Changes 109.1 WC, GTA, and GBA State General Funds $6,477 $6,477 $6,477 Changes in the Size of the Program 109.2 Transfer funds from License Issuance to reflect program structure changes as a result of the transition from DMVS to the new DDS. State General Funds $3,585,459 $3,585,459 $3,585,459 Customer Service Support Appropriation (HB1026) The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $8,540,351 $8,540,351 $8,540,351 THURSDAY, FEBRUARY 16, 2006 997 State General Funds TOTAL PUBLIC FUNDS $8,540,351 $8,540,351 $8,540,351 $8,540,351 $8,540,351 $8,540,351 110. License Issuance Appropriation (HB85) The purpose is for the issuance of Georgia drivers license renewals through alternative methods. TOTAL STATE FUNDS $41,924,451 $41,924,451 $41,924,451 State General Funds $41,924,451 $41,924,451 $41,924,451 TOTAL AGENCY FUNDS $200,000 $200,000 $200,000 Sales and Services $200,000 $200,000 $200,000 Sales and Services Not Itemized $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $42,124,451 $42,124,451 $42,124,451 Statewide Changes 110.1 WC, GTA, and GBA State General Funds $39,683 $39,683 $39,683 Changes in the Size of the Program 110.2 Transfer funds to Customer Services Support to reflect program structure changes as a result of the transition from DMVS to the new DDS. State General Funds ($3,585,459) ($3,585,459) ($3,585,459) 110.3 Transfer funds to Regulatory Compliance to reflect program structure changes as a result of the transition from DMVS to the new DDS. State General Funds ($1,111,975) ($1,111,975) ($1,111,975) License Issuance Appropriation (HB1026) The purpose is for the issuance of Georgia drivers license renewals through alternative methods. TOTAL STATE FUNDS $37,266,700 $37,266,700 $37,266,700 State General Funds $37,266,700 $37,266,700 $37,266,700 TOTAL AGENCY FUNDS $200,000 $200,000 $200,000 Sales and Services $200,000 $200,000 $200,000 Sales and Services Not Itemized $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $37,466,700 $37,466,700 $37,466,700 Changes in the Size of the Program 111.1 Add funds for Motorcycle Safety Education. 998 JOURNAL OF THE HOUSE State General Funds Motorcycle Safety The purpose is to maintain and improve motorcycle safety. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $100,000 Appropriation (HB1026) $100,000 $100,000 $100,000 112. Regulatory Compliance Appropriation (HB85) The purpose is to enforce and administer state laws and regulations for mandated programs relating to driver safety and driver education for both novice and problem drivers. TOTAL STATE FUNDS $291,000 $291,000 $291,000 State General Funds $291,000 $291,000 $291,000 TOTAL AGENCY FUNDS $515,075 $515,075 $515,075 Sales and Services $515,075 $515,075 $515,075 Regulatory Fees $515,075 $515,075 $515,075 TOTAL PUBLIC FUNDS $806,075 $806,075 $806,075 Statewide Changes 112.1 WC, GTA, and GBA State General Funds $2,066 $2,066 $2,066 Changes in the Size of the Program 112.2 Transfer funds from License Issuance to reflect program structure changes as a result of the transition from DMVS to the new DDS. State General Funds $1,111,975 $1,111,975 $1,111,975 112.3 Add funds for Motorcycle Safety Education. (S: Transfer to Motorcycle Safety Program) State General Funds $100,000 $100,000 $0 Regulatory Compliance Appropriation (HB1026) The purpose is to enforce and administer state laws and regulations for mandated programs relating to driver safety and driver education for both novice and problem drivers. TOTAL STATE FUNDS $1,505,041 $1,505,041 $1,405,041 State General Funds $1,505,041 $1,505,041 $1,405,041 TOTAL AGENCY FUNDS $515,075 $515,075 $515,075 THURSDAY, FEBRUARY 16, 2006 999 Sales and Services Regulatory Fees TOTAL PUBLIC FUNDS Section 21: Early Care and Learning, Department of TOTAL STATE FUNDS Lottery Proceeds State General Funds TOTAL FEDERAL FUNDS Child & Adult Care Food Program CFDA10.558 Child Care & Development Block Grant CFDA93.575 Even Start State Educational Agencies CFDA84.213 Head Start Coordination CFDA93.600 National School Lunch Program CFDA10.555 State Administrative Expenses for Child Nutrition CFDA10.560 TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS Lottery Proceeds State General Funds TOTAL FEDERAL FUNDS Child & Adult Care Food Program CFDA10.558 Child Care & Development Block Grant CFDA93.575 Even Start State Educational Agencies CFDA84.213 Head Start Coordination CFDA93.600 National School Lunch Program CFDA10.555 State Administrative Expenses for Child Nutrition CFDA10.560 TOTAL AGENCY FUNDS $515,075 $515,075 $2,020,116 $515,075 $515,075 $2,020,116 $515,075 $515,075 $1,920,116 Section Total (HB85) $294,111,979 $294,111,979 $290,081,308 $290,081,308 $4,030,671 $4,030,671 $110,474,059 $110,474,059 $2,950,835 $2,950,835 $21,919,354 $21,919,354 $378,870 $378,870 $175,000 $175,000 $83,350,000 $83,350,000 $1,700,000 $1,700,000 $155,000 $155,000 $155,000 $155,000 $404,741,038 $404,741,038 Final Section Totals $294,122,454 $294,122,454 $290,081,308 $290,081,308 $4,041,146 $4,041,146 $110,474,059 $110,474,059 $2,950,835 $2,950,835 $21,919,354 $21,919,354 $378,870 $378,870 $175,000 $175,000 $83,350,000 $83,350,000 $1,700,000 $1,700,000 $155,000 $155,000 $294,111,979 $290,081,308 $4,030,671 $110,474,059 $2,950,835 $21,919,354 $378,870 $175,000 $83,350,000 $1,700,000 $155,000 $155,000 $404,741,038 $294,122,454 $290,081,308 $4,041,146 $110,474,059 $2,950,835 $21,919,354 $378,870 $175,000 $83,350,000 $1,700,000 $155,000 1000 JOURNAL OF THE HOUSE Sales and Services TOTAL PUBLIC FUNDS $155,000 $404,751,513 $155,000 $404,751,513 $155,000 $404,751,513 113. Child Care Services Appropriation (HB85) 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 STATE FUNDS $4,030,671 $4,030,671 $4,030,671 State General Funds $4,030,671 $4,030,671 $4,030,671 TOTAL FEDERAL FUNDS $3,435,255 $3,435,255 $3,435,255 Child Care & Development Block Grant CFDA93.575 $3,435,255 $3,435,255 $3,435,255 TOTAL AGENCY FUNDS $155,000 $155,000 $155,000 Sales and Services $155,000 $155,000 $155,000 Regulatory Fees $100,000 $100,000 $100,000 Sales and Services Not Itemized $55,000 $55,000 $55,000 TOTAL PUBLIC FUNDS $7,620,926 $7,620,926 $7,620,926 Statewide Changes 113.1 WC, GTA, and GBA State General Funds $10,475 $10,475 $10,475 Child Care Services Appropriation (HB1026) 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 STATE FUNDS $4,041,146 $4,041,146 $4,041,146 State General Funds $4,041,146 $4,041,146 $4,041,146 TOTAL FEDERAL FUNDS $3,435,255 $3,435,255 $3,435,255 Child Care & Development Block Grant CFDA93.575 $3,435,255 $3,435,255 $3,435,255 TOTAL AGENCY FUNDS $155,000 $155,000 $155,000 Sales and Services $155,000 $155,000 $155,000 Regulatory Fees $100,000 $100,000 $100,000 Sales and Services Not Itemized $55,000 $55,000 $55,000 TOTAL PUBLIC FUNDS $7,631,401 $7,631,401 $7,631,401 THURSDAY, FEBRUARY 16, 2006 114. Nutrition Appropriation (HB85) The purpose is to ensure that eligible children and adults receive USDA compliant meals. TOTAL FEDERAL FUNDS $88,000,835 $88,000,835 $88,000,835 Child & Adult Care Food Program CFDA10.558 $2,950,835 $2,950,835 $2,950,835 National School Lunch Program CFDA10.555 $83,350,000 $83,350,000 $83,350,000 State Administrative Expenses for Child Nutrition CFDA10.560 $1,700,000 $1,700,000 $1,700,000 TOTAL PUBLIC FUNDS $88,000,835 $88,000,835 $88,000,835 Nutrition Appropriation (HB1026) The purpose is to ensure that eligible children and adults receive USDA compliant meals. TOTAL FEDERAL FUNDS $88,000,835 $88,000,835 $88,000,835 Child & Adult Care Food Program CFDA10.558 $2,950,835 $2,950,835 $2,950,835 National School Lunch Program CFDA10.555 $83,350,000 $83,350,000 $83,350,000 State Administrative Expenses for Child Nutrition CFDA10.560 $1,700,000 $1,700,000 $1,700,000 TOTAL PUBLIC FUNDS $88,000,835 $88,000,835 $88,000,835 115. Pre-Kindergarten Program Appropriation (HB85) The purpose is to provide funding for providers who operate the Pre-K program. TOTAL STATE FUNDS $290,081,308 $290,081,308 $290,081,308 Lottery Proceeds $290,081,308 $290,081,308 $290,081,308 TOTAL FEDERAL FUNDS $667,823 $667,823 $667,823 Child Care & Development Block Grant CFDA93.575 $113,953 $113,953 $113,953 Even Start State Educational Agencies CFDA84.213 $378,870 $378,870 $378,870 Head Start Coordination CFDA93.600 $175,000 $175,000 $175,000 TOTAL PUBLIC FUNDS $290,749,131 $290,749,131 $290,749,131 Pre-Kindergarten Program Appropriation (HB1026) The purpose is to provide funding for providers who operate the Pre-K program. TOTAL STATE FUNDS $290,081,308 $290,081,308 $290,081,308 Lottery Proceeds $290,081,308 $290,081,308 $290,081,308 TOTAL FEDERAL FUNDS $667,823 $667,823 $667,823 Child Care & Development Block Grant CFDA93.575 $113,953 $113,953 $113,953 Even Start State Educational Agencies CFDA84.213 $378,870 $378,870 $378,870 1001 1002 JOURNAL OF THE HOUSE Head Start Coordination CFDA93.600 TOTAL PUBLIC FUNDS $175,000 $290,749,131 $175,000 $290,749,131 $175,000 $290,749,131 116. Quality Initiatives Appropriation (HB85) 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 FEDERAL FUNDS $18,370,146 $18,370,146 $18,370,146 Child Care & Development Block Grant CFDA93.575 $18,370,146 $18,370,146 $18,370,146 TOTAL PUBLIC FUNDS $18,370,146 $18,370,146 $18,370,146 Quality Initiatives Appropriation (HB1026) 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 FEDERAL FUNDS $18,370,146 $18,370,146 $18,370,146 Child Care & Development Block Grant CFDA93.575 $18,370,146 $18,370,146 $18,370,146 TOTAL PUBLIC FUNDS $18,370,146 $18,370,146 $18,370,146 Section 22: Economic Development, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS Section Total (HB85) $31,501,663 $31,501,663 $31,501,663 $31,501,663 $20,244 $20,244 $20,244 $20,244 $31,521,907 $31,521,907 Final Section Totals $31,567,125 $31,567,125 $31,567,125 $31,567,125 $20,244 $20,244 $20,244 $20,244 $31,587,369 $31,587,369 $31,501,663 $31,501,663 $20,244 $20,244 $31,521,907 $32,187,125 $32,187,125 $20,244 $20,244 $32,207,369 THURSDAY, FEBRUARY 16, 2006 1003 117. Business Recruitment and Expansion Appropriation (HB85) The purpose is to provide assistance to local communities and to the state to recruit, retain, and expand businesses in Georgia. TOTAL STATE FUNDS $6,783,664 $6,783,664 $6,783,664 State General Funds $6,783,664 $6,783,664 $6,783,664 TOTAL PUBLIC FUNDS $6,783,664 $6,783,664 $6,783,664 One-Time Expense 117.1 Provide funds to replace two motor vehicles for business recruitment activities. State General Funds $56,000 $56,000 $56,000 Changes in the Size of the Program 117.2 Realign funding to reflect agency reorganization efforts. State General Funds ($34,395) ($34,395) ($34,395) Business Recruitment and Expansion Appropriation (HB1026) The purpose is to provide assistance to local communities and to the state to recruit, retain, and expand businesses in Georgia. TOTAL STATE FUNDS $6,805,269 $6,805,269 $6,805,269 State General Funds $6,805,269 $6,805,269 $6,805,269 TOTAL PUBLIC FUNDS $6,805,269 $6,805,269 $6,805,269 118. Departmental Administration Appropriation (HB85) The purpose is to influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. TOTAL STATE FUNDS $6,213,661 $6,213,661 $6,213,661 State General Funds $6,213,661 $6,213,661 $6,213,661 TOTAL PUBLIC FUNDS $6,213,661 $6,213,661 $6,213,661 Statewide Changes 118.1 WC, GTA, and GBA State General Funds $8,555 $8,555 $8,555 Changes in the Size of the Program 118.2 Realign funding to reflect agency reorganization efforts. State General Funds $47,317 $47,317 $47,317 1004 JOURNAL OF THE HOUSE Departmental Administration Appropriation (HB1026) The purpose is to influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. TOTAL STATE FUNDS $6,269,533 $6,269,533 $6,269,533 State General Funds $6,269,533 $6,269,533 $6,269,533 TOTAL PUBLIC FUNDS $6,269,533 $6,269,533 $6,269,533 119. Film, Music, and Video Appropriation (HB85) 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 STATE FUNDS $1,012,337 $1,012,337 $1,012,337 State General Funds $1,012,337 $1,012,337 $1,012,337 TOTAL PUBLIC FUNDS $1,012,337 $1,012,337 $1,012,337 Changes in the Size of the Program 119.1 Realign funding to reflect agency reorganization efforts. State General Funds ($118,000) ($118,000) ($118,000) Film, Music, and Video Appropriation (HB1026) 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 STATE FUNDS $894,337 $894,337 $894,337 State General Funds $894,337 $894,337 $894,337 TOTAL PUBLIC FUNDS $894,337 $894,337 $894,337 120. International Relations and Trade Appropriation (HB85) 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 STATE FUNDS $2,056,980 $2,056,980 $2,056,980 State General Funds $2,056,980 $2,056,980 $2,056,980 TOTAL PUBLIC FUNDS $2,056,980 $2,056,980 $2,056,980 Changes in Operations / Administration 120.2 Provide funding for travel expenses related to mileage reimbursements increase and international travel increases. THURSDAY, FEBRUARY 16, 2006 1005 State General Funds Changes in the Size of the Program 120.1 Realign funding to reflect agency reorganization efforts. $120,000 State General Funds ($45,000) ($45,000) ($45,000) 120.3 Provide funding to assist international trade. State General Funds $250,000 120.4 Provide funds for a new office in China. State General Funds $250,000 International Relations and Trade Appropriation (HB1026) 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 STATE FUNDS $2,011,980 $2,011,980 $2,631,980 State General Funds $2,011,980 $2,011,980 $2,631,980 TOTAL PUBLIC FUNDS $2,011,980 $2,011,980 $2,631,980 121. Office of Science and Technology Business Development Appropriation (HB85) The purpose is to lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia. TOTAL STATE FUNDS $1,563,914 $1,563,914 $1,563,914 State General Funds $1,563,914 $1,563,914 $1,563,914 TOTAL PUBLIC FUNDS $1,563,914 $1,563,914 $1,563,914 Changes in the Size of the Program 121.1 Realign funding to reflect agency reorganization efforts. State General Funds ($50,000) ($50,000) ($50,000) Office of Science and Technology Business Development Appropriation (HB1026) The purpose is to lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia. TOTAL STATE FUNDS $1,513,914 $1,513,914 $1,513,914 State General Funds $1,513,914 $1,513,914 $1,513,914 TOTAL PUBLIC FUNDS $1,513,914 $1,513,914 $1,513,914 1006 JOURNAL OF THE HOUSE 122. Small and Minority Business Development Appropriation (HB85) The purpose is to provide guidance and support to agencies in maximizing access to state business opportunities for small and minority businesses. TOTAL STATE FUNDS $924,154 $924,154 $924,154 State General Funds $924,154 $924,154 $924,154 TOTAL AGENCY FUNDS $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures $20,244 $20,244 $20,244 Donations $20,244 $20,244 $20,244 TOTAL PUBLIC FUNDS $944,398 $944,398 $944,398 Changes in the Size of the Program 122.1 Realign funding to reflect agency reorganization efforts. State General Funds ($59,922) ($59,922) ($59,922) Small and Minority Business Development Appropriation (HB1026) The purpose is to provide guidance and support to agencies in maximizing access to state business opportunities for small and minority businesses. TOTAL STATE FUNDS $864,232 $864,232 $864,232 State General Funds $864,232 $864,232 $864,232 TOTAL AGENCY FUNDS $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures $20,244 $20,244 $20,244 Donations $20,244 $20,244 $20,244 TOTAL PUBLIC FUNDS $884,476 $884,476 $884,476 123. Tourism Appropriation (HB85) The purpose is to provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. TOTAL STATE FUNDS $11,096,169 $11,096,169 $11,096,169 State General Funds $11,096,169 $11,096,169 $11,096,169 TOTAL PUBLIC FUNDS $11,096,169 $11,096,169 $11,096,169 Changes in the Size of the Program 123.1 Realign funding to reflect agency reorganization efforts. State General Funds $260,000 $260,000 $260,000 THURSDAY, FEBRUARY 16, 2006 1007 Tourism Appropriation (HB1026) The purpose is to provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. TOTAL STATE FUNDS $11,356,169 $11,356,169 $11,356,169 State General Funds $11,356,169 $11,356,169 $11,356,169 TOTAL PUBLIC FUNDS $11,356,169 $11,356,169 $11,356,169 124. Payments to Aviation Hall of Fame Appropriation (HB85) 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 STATE FUNDS $50,000 $50,000 $50,000 State General Funds $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 Payments to Aviation Hall of Fame Appropriation (HB1026) 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 STATE FUNDS $50,000 $50,000 $50,000 State General Funds $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 125. Payments to Golf Hall Of Fame Authority Appropriation (HB85) 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 STATE FUNDS $58,685 $58,685 $58,685 State General Funds $58,685 $58,685 $58,685 TOTAL PUBLIC FUNDS $58,685 $58,685 $58,685 Payments to Golf Hall Of Fame Authority Appropriation (HB1026) The purpose is to construct and maintain a facility and related attractions to house the Georgia Golf Hall of Fame to honor 1008 JOURNAL OF THE HOUSE those who by achievement or service have made outstanding and lasting contributions to the sport of golf in this state or elsewhere. TOTAL STATE FUNDS $58,685 $58,685 $58,685 State General Funds $58,685 $58,685 $58,685 TOTAL PUBLIC FUNDS $58,685 $58,685 $58,685 126. Payments to Georgia Medical Center Authority The purpose is to provide funds to the Georgia Medical Center Authority. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Payments to Georgia Medical Center Authority The purpose is to provide funds to the Georgia Medical Center Authority. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB85) $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 Appropriation (HB1026) $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 127. Payments to Georgia Music Hall of Fame Authority Appropriation (HB85) The purpose is to preserve Georgia's rich musical heritage. TOTAL STATE FUNDS $767,039 $767,039 $767,039 State General Funds $767,039 $767,039 $767,039 TOTAL PUBLIC FUNDS $767,039 $767,039 $767,039 Statewide Changes 127.1 WC, GTA, and GBA State General Funds $427 $427 $427 Changes in Operations / Administration 127.2 Transfer funds from the Payments to Georgia Music Hall of Fame Authority program to the Music Hall of Fame program (G:YES)(H:YES)(S:YES). Agency to Agency Contracts $0 $0 $0 Payments to Georgia Music Hall of Fame Authority Appropriation (HB1026) The purpose is to preserve Georgia's rich musical heritage. THURSDAY, FEBRUARY 16, 2006 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $767,466 $767,466 $767,466 $767,466 $767,466 $767,466 $767,466 $767,466 $767,466 128. Payments to Georgia Sports Hall of Fame Authority The purpose is to preserve and interpret the history of sports in Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Statewide Changes 128.1 WC, GTA, and GBA State General Funds Payments to Georgia Sports Hall of Fame Authority The purpose is to preserve and interpret the history of sports in Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB85) $725,060 $725,060 $725,060 $725,060 $725,060 $725,060 $725,060 $725,060 $725,060 $480 $480 $480 Appropriation (HB1026) $725,540 $725,540 $725,540 $725,540 $725,540 $725,540 $725,540 $725,540 $725,540 Section 23: Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS 21 Century Community Learning Centers CFDA84.287 Advanced Placement Program CFDA84.33 Byrd Honors Scholarship CFDA84.185 Charter School CFDA84.282 Comprehensive School Reform Demonstration CFDA84.332 Education for Homeless Children & Youth CFDA84.196 Education Technology State Grants CFDA84.318 English Language Acquisition Grants CFDA84.365 Section Total (HB85) $6,439,678,120 $6,439,678,120 $6,439,678,120 $6,439,678,120 $1,109,448,190 $1,109,448,190 $28,930,500 $28,930,500 $233,948 $233,948 $1,212,000 $1,212,000 $7,502,171 $7,502,171 $17,598,813 $17,598,813 $2,015,760 $2,015,760 $20,066,284 $20,066,284 $11,017,920 $11,017,920 $6,439,678,120 $6,439,678,120 $1,109,448,190 $28,930,500 $233,948 $1,212,000 $7,502,171 $17,598,813 $2,015,760 $20,066,284 $11,017,920 1009 1010 JOURNAL OF THE HOUSE Even Start State Educational Agencies CFDA84.213 $6,959,361 $6,959,361 Grant to Local Educational Agencies CFDA84.010 $314,269,936 $314,269,936 Grants for State Assessments & Related Activities CFDA84.369 $9,970,191 $9,970,191 Improving Teacher Quality State Grant CFDA84.367 $74,583,137 $74,583,137 Learn & Serve America-School & Community Programs $1,044,131 $1,044,131 CFDA94.004 Mathematics & Science Partnerships CFDA84.366 $4,227,616 $4,227,616 Migrant Education State Grant Program CFDA84.011 $10,515,138 $10,515,138 National Assessment of Educational Progress CFDA84.902 $128,072 $128,072 National School Lunch Program CFDA10.555 $154,056,213 $154,056,213 Program for Neglected and Delinquent Children CFDA84.013 $13,525 $13,525 Reading First State Grant CFDA 84.357 $57,178,909 $57,178,909 Refugee & Entrant Assistance Discretionary Grants CFDA93.576 $639,390 $639,390 Rural Education CFDA84.358 $7,310,226 $7,310,226 Safe and Drug-free Schools and Communities CFDA84.186 $9,758,707 $9,758,707 School Breakfast Program CFDA10.553 $38,947,956 $38,947,956 Special Education Grants to States CFDA 84.027 $270,178,855 $270,178,855 Special Education Preschool Grants CFDA 84.173 $10,025,518 $10,025,518 State Grants for Innovative Programs CFDA84.298 $8,458,565 $8,458,565 Support School Health Programs CFDA93.938 $6,174 $6,174 Tech-Prep Education CFDA84.243 $3,255,308 $3,255,308 Vocational Education Basic Grants CFDA84.048 $39,174,407 $39,174,407 Vocational Education Occupation & Employment Info CFDA84.346 $169,459 $169,459 TOTAL AGENCY FUNDS $41,498,551 $41,498,551 Contributions, Donations, and Forfeitures $3,896,476 $3,896,476 Reserved Fund Balances $5,891,703 $5,891,703 Intergovernmental Transfers $93,486 $93,486 Sales and Services $31,616,886 $31,616,886 TOTAL PUBLIC FUNDS $7,590,624,861 $7,590,624,861 Final Section Totals TOTAL STATE FUNDS $6,613,239,296 $6,614,974,132 $6,959,361 $314,269,936 $9,970,191 $74,583,137 $1,044,131 $4,227,616 $10,515,138 $128,072 $154,056,213 $13,525 $57,178,909 $639,390 $7,310,226 $9,758,707 $38,947,956 $270,178,855 $10,025,518 $8,458,565 $6,174 $3,255,308 $39,174,407 $169,459 $41,498,551 $3,896,476 $5,891,703 $93,486 $31,616,886 $7,590,624,861 $6,611,588,141 THURSDAY, FEBRUARY 16, 2006 Revenue Shortfall Reserve for K-12 Needs State General Funds TOTAL FEDERAL FUNDS 21 Century Community Learning Centers CFDA84.287 Advanced Placement Program CFDA84.33 Byrd Honors Scholarship CFDA84.185 Charter School CFDA84.282 Comprehensive School Reform Demonstration CFDA84.332 Education for Homeless Children & Youth CFDA84.196 Education Technology State Grants CFDA84.318 English Language Acquisition Grants CFDA84.365 Even Start State Educational Agencies CFDA84.213 Grant to Local Educational Agencies CFDA84.010 Grants for State Assessments & Related Activities CFDA84.369 Improving Teacher Quality State Grant CFDA84.367 Learn & Serve America-School & Community Programs CFDA94.004 Mathematics & Science Partnerships CFDA84.366 Migrant Education State Grant Program CFDA84.011 National Assessment of Educational Progress CFDA84.902 National School Lunch Program CFDA10.555 Program for Neglected and Delinquent Children CFDA84.013 Reading First State Grant CFDA 84.357 Refugee & Entrant Assistance Discretionary Grants CFDA93.576 Rural Education CFDA84.358 Safe and Drug-free Schools and Communities CFDA84.186 School Breakfast Program CFDA10.553 Special Education Grants to States CFDA 84.027 Special Education Preschool Grants CFDA 84.173 State Grants for Innovative Programs CFDA84.298 Support School Health Programs CFDA93.938 $158,139,967 $6,455,099,329 $1,109,448,190 $28,930,500 $233,948 $1,212,000 $7,502,171 $17,598,813 $2,015,760 $20,066,284 $11,017,920 $6,959,361 $314,269,936 $9,970,191 $74,583,137 $1,044,131 $158,139,967 $6,456,834,165 $1,109,448,190 $28,930,500 $233,948 $1,212,000 $7,502,171 $17,598,813 $2,015,760 $20,066,284 $11,017,920 $6,959,361 $314,269,936 $9,970,191 $74,583,137 $1,044,131 $158,139,967 $6,453,448,174 $1,109,448,190 $28,930,500 $233,948 $1,212,000 $7,502,171 $17,598,813 $2,015,760 $20,066,284 $11,017,920 $6,959,361 $314,269,936 $9,970,191 $74,583,137 $1,044,131 $4,227,616 $10,515,138 $128,072 $154,056,213 $13,525 $57,178,909 $639,390 $7,310,226 $9,758,707 $38,947,956 $270,178,855 $10,025,518 $8,458,565 $6,174 $4,227,616 $10,515,138 $128,072 $154,056,213 $13,525 $57,178,909 $639,390 $7,310,226 $9,758,707 $38,947,956 $270,178,855 $10,025,518 $8,458,565 $6,174 $4,227,616 $10,515,138 $128,072 $154,056,213 $13,525 $57,178,909 $639,390 $7,310,226 $9,758,707 $38,947,956 $270,178,855 $10,025,518 $8,458,565 $6,174 1011 1012 JOURNAL OF THE HOUSE Tech-Prep Education CFDA84.243 $3,255,308 Vocational Education Basic Grants CFDA84.048 $39,174,407 Vocational Education Occupation & Employment Info CFDA84.346 $169,459 TOTAL AGENCY FUNDS $41,498,551 Contributions, Donations, and Forfeitures $3,896,476 Reserved Fund Balances $5,891,703 Intergovernmental Transfers $93,486 Sales and Services $31,616,886 TOTAL PUBLIC FUNDS $7,764,186,037 $3,255,308 $39,174,407 $169,459 $41,498,551 $3,896,476 $5,891,703 $93,486 $31,616,886 $7,765,920,873 $3,255,308 $39,174,407 $169,459 $41,498,551 $3,896,476 $5,891,703 $93,486 $31,616,886 $7,762,534,882 129. Academic Coach Program Appropriation (HB85) 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 STATE FUNDS $3,899,132 $3,899,132 $3,899,132 State General Funds $3,899,132 $3,899,132 $3,899,132 TOTAL PUBLIC FUNDS $3,899,132 $3,899,132 $3,899,132 Changes in Operations / Administration 129.1 Reduce funds for the Science Mentor activity to recognize actual start dates for employees. State General Funds ($200,000) ($220,000) ($200,000) Academic Coach Program Appropriation (HB1026) 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 STATE FUNDS $3,699,132 $3,679,132 $3,699,132 State General Funds $3,699,132 $3,679,132 $3,699,132 TOTAL PUBLIC FUNDS $3,699,132 $3,679,132 $3,699,132 130. Agricultural Education Appropriation (HB85) 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 STATE FUNDS $7,423,422 $7,423,422 $7,423,422 State General Funds $7,423,422 $7,423,422 $7,423,422 THURSDAY, FEBRUARY 16, 2006 1013 TOTAL FEDERAL FUNDS $126,577 $126,577 $126,577 Vocational Education Basic Grants CFDA84.048 $126,577 $126,577 $126,577 TOTAL PUBLIC FUNDS $7,549,999 $7,549,999 $7,549,999 Agricultural Education Appropriation (HB1026) 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 STATE FUNDS $7,423,422 $7,423,422 $7,423,422 State General Funds $7,423,422 $7,423,422 $7,423,422 TOTAL FEDERAL FUNDS $126,577 $126,577 $126,577 Vocational Education Basic Grants CFDA84.048 $126,577 $126,577 $126,577 TOTAL PUBLIC FUNDS $7,549,999 $7,549,999 $7,549,999 131. Central Office Appropriation (HB85) The purpose is to act as a service oriented agency supporting local school districts. TOTAL STATE FUNDS $34,924,681 $34,924,681 $34,924,681 State General Funds $34,924,681 $34,924,681 $34,924,681 TOTAL FEDERAL FUNDS $34,182,308 $34,182,308 $34,182,308 21 Century Community Learning Centers CFDA84.287 $1,695,248 $1,695,248 $1,695,248 Advanced Placement Program CFDA84.33 $233,948 $233,948 $233,948 Charter School CFDA84.282 $827,574 $827,574 $827,574 Comprehensive School Reform Demonstration CFDA84.332 $376,166 $376,166 $376,166 Education for Homeless Children & Youth CFDA84.196 $164,596 $164,596 $164,596 Education Technology State Grants CFDA84.318 $895,748 $895,748 $895,748 English Language Acquisition Grants CFDA84.365 $388,716 $388,716 $388,716 Even Start State Educational Agencies CFDA84.213 $567,558 $567,558 $567,558 Grant to Local Educational Agencies CFDA84.010 $2,732,396 $2,732,396 $2,732,396 Grants for State Assessments & Related Activities CFDA84.369 $266,000 $266,000 $266,000 Improving Teacher Quality State Grant CFDA84.367 $62,187 $62,187 $62,187 Learn & Serve America-School & Community Programs $292,094 $292,094 $292,094 CFDA94.004 Mathematics & Science Partnerships CFDA84.366 $15,239 $15,239 $15,239 1014 JOURNAL OF THE HOUSE Migrant Education State Grant Program CFDA84.011 $1,966,512 $1,966,512 $1,966,512 National Assessment of Educational Progress CFDA84.902 $128,072 $128,072 $128,072 National School Lunch Program CFDA10.555 $4,628,447 $4,628,447 $4,628,447 Program for Neglected and Delinquent Children CFDA84.013 $13,525 $13,525 $13,525 Reading First State Grant CFDA 84.357 $7,050,445 $7,050,445 $7,050,445 Rural Education CFDA84.358 $363,860 $363,860 $363,860 Safe and Drug-free Schools and Communities CFDA84.186 $372,070 $372,070 $372,070 Special Education Grants to States CFDA 84.027 $7,110,293 $7,110,293 $7,110,293 State Grants for Innovative Programs CFDA84.298 $1,048,086 $1,048,086 $1,048,086 Support School Health Programs CFDA93.938 $6,174 $6,174 $6,174 Tech-Prep Education CFDA84.243 $102,378 $102,378 $102,378 Vocational Education Basic Grants CFDA84.048 $2,705,517 $2,705,517 $2,705,517 Vocational Education Occupation & Employment Info CFDA84.346 $169,459 $169,459 $169,459 TOTAL AGENCY FUNDS $10,897,550 $10,897,550 $10,897,550 Contributions, Donations, and Forfeitures $3,796,476 $3,796,476 $3,796,476 Donations $3,796,476 $3,796,476 $3,796,476 Reserved Fund Balances $5,891,703 $5,891,703 $5,891,703 Federal Funds Prior Year $3,940,309 $3,940,309 $3,940,309 Lottery Prior Year Funds $1,951,394 $1,951,394 $1,951,394 Intergovernmental Transfers $93,486 $93,486 $93,486 National Center for Education Assistance Grant $93,486 $93,486 $93,486 Sales and Services $1,115,885 $1,115,885 $1,115,885 Sales and Services Not Itemized $1,115,885 $1,115,885 $1,115,885 TOTAL PUBLIC FUNDS $80,004,539 $80,004,539 $80,004,539 Statewide Changes 131.1 WC, GTA, and GBA State General Funds $33,870 $33,870 $33,870 One-Time Expense 131.2 Add funds for a consultant for the Governor's Education Finance Taskforce. State General Funds $100,000 $100,000 $100,000 131.4 Reimburse local school systems for taxes charged on the purchase of materials for infrastructure. THURSDAY, FEBRUARY 16, 2006 1015 State General Funds $1,234,836 $1,234,836 Changes in What Services are Offered 131.3 Eliminate funding for the Global Achievers contract. (H:Restore $20,000 in funds already expended in FY 2006) State General Funds ($50,000) ($30,000) $0 Central Office Appropriation (HB1026) The purpose is to act as a service oriented agency supporting local school districts. TOTAL STATE FUNDS $35,008,551 $36,263,387 $36,293,387 State General Funds $35,008,551 $36,263,387 $36,293,387 TOTAL FEDERAL FUNDS $34,182,308 $34,182,308 $34,182,308 21 Century Community Learning Centers CFDA84.287 $1,695,248 $1,695,248 $1,695,248 Advanced Placement Program CFDA84.33 $233,948 $233,948 $233,948 Charter School CFDA84.282 $827,574 $827,574 $827,574 Comprehensive School Reform Demonstration CFDA84.332 $376,166 $376,166 $376,166 Education for Homeless Children & Youth CFDA84.196 $164,596 $164,596 $164,596 Education Technology State Grants CFDA84.318 $895,748 $895,748 $895,748 English Language Acquisition Grants CFDA84.365 $388,716 $388,716 $388,716 Even Start State Educational Agencies CFDA84.213 $567,558 $567,558 $567,558 Grant to Local Educational Agencies CFDA84.010 $2,732,396 $2,732,396 $2,732,396 Grants for State Assessments & Related Activities CFDA84.369 $266,000 $266,000 $266,000 Improving Teacher Quality State Grant CFDA84.367 $62,187 $62,187 $62,187 Learn & Serve America-School & Community Programs $292,094 $292,094 $292,094 CFDA94.004 Mathematics & Science Partnerships CFDA84.366 $15,239 $15,239 $15,239 Migrant Education State Grant Program CFDA84.011 $1,966,512 $1,966,512 $1,966,512 National Assessment of Educational Progress CFDA84.902 $128,072 $128,072 $128,072 National School Lunch Program CFDA10.555 $4,628,447 $4,628,447 $4,628,447 Program for Neglected and Delinquent Children CFDA84.013 $13,525 $13,525 $13,525 Reading First State Grant CFDA 84.357 $7,050,445 $7,050,445 $7,050,445 Rural Education CFDA84.358 $363,860 $363,860 $363,860 Safe and Drug-free Schools and Communities CFDA84.186 $372,070 $372,070 $372,070 Special Education Grants to States CFDA 84.027 $7,110,293 $7,110,293 $7,110,293 1016 JOURNAL OF THE HOUSE State Grants for Innovative Programs CFDA84.298 Support School Health Programs CFDA93.938 Tech-Prep Education CFDA84.243 Vocational Education Basic Grants CFDA84.048 Vocational Education Occupation & Employment Info CFDA84.346 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Donations Reserved Fund Balances Federal Funds Prior Year Lottery Prior Year Funds Intergovernmental Transfers National Center for Education Assistance Grant Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,048,086 $6,174 $102,378 $2,705,517 $169,459 $10,897,550 $3,796,476 $3,796,476 $5,891,703 $3,940,309 $1,951,394 $93,486 $93,486 $1,115,885 $1,115,885 $80,088,409 $1,048,086 $6,174 $102,378 $2,705,517 $169,459 $10,897,550 $3,796,476 $3,796,476 $5,891,703 $3,940,309 $1,951,394 $93,486 $93,486 $1,115,885 $1,115,885 $81,343,245 $1,048,086 $6,174 $102,378 $2,705,517 $169,459 $10,897,550 $3,796,476 $3,796,476 $5,891,703 $3,940,309 $1,951,394 $93,486 $93,486 $1,115,885 $1,115,885 $81,373,245 132. Charter Schools Appropriation (HB85) 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 STATE FUNDS $770,193 $770,193 $770,193 State General Funds $770,193 $770,193 $770,193 TOTAL FEDERAL FUNDS $6,729,711 $6,729,711 $6,729,711 Charter School CFDA84.282 $6,674,597 $6,674,597 $6,674,597 Special Education Grants to States CFDA 84.027 $55,114 $55,114 $55,114 TOTAL PUBLIC FUNDS $7,499,904 $7,499,904 $7,499,904 Charter Schools Appropriation (HB1026) 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 STATE FUNDS $770,193 $770,193 $770,193 State General Funds $770,193 $770,193 $770,193 THURSDAY, FEBRUARY 16, 2006 1017 TOTAL FEDERAL FUNDS Charter School CFDA84.282 Special Education Grants to States CFDA 84.027 TOTAL PUBLIC FUNDS $6,729,711 $6,674,597 $55,114 $7,499,904 $6,729,711 $6,674,597 $55,114 $7,499,904 $6,729,711 $6,674,597 $55,114 $7,499,904 133. Communities in Schools Appropriation (HB85) 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 STATE FUNDS $1,320,623 $1,320,623 $1,320,623 State General Funds $1,320,623 $1,320,623 $1,320,623 TOTAL PUBLIC FUNDS $1,320,623 $1,320,623 $1,320,623 Communities in Schools Appropriation (HB1026) 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 STATE FUNDS $1,320,623 $1,320,623 $1,320,623 State General Funds $1,320,623 $1,320,623 $1,320,623 TOTAL PUBLIC FUNDS $1,320,623 $1,320,623 $1,320,623 134. Curriculum Development Appropriation (HB85) The purpose is to provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers and students. TOTAL STATE FUNDS $1,774,833 $1,774,833 $1,774,833 State General Funds $1,774,833 $1,774,833 $1,774,833 TOTAL PUBLIC FUNDS $1,774,833 $1,774,833 $1,774,833 Curriculum Development Appropriation (HB1026) The purpose is to provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers and students. TOTAL STATE FUNDS $1,774,833 $1,774,833 $1,774,833 State General Funds $1,774,833 $1,774,833 $1,774,833 TOTAL PUBLIC FUNDS $1,774,833 $1,774,833 $1,774,833 1018 JOURNAL OF THE HOUSE 135. Federal Programs Appropriation (HB85) Federal programs coordinates federally funded programs and allocates federal funds to school systems. TOTAL FEDERAL FUNDS $817,561,039 $817,561,039 $817,561,039 21 Century Community Learning Centers CFDA84.287 $27,235,252 $27,235,252 $27,235,252 Byrd Honors Scholarship CFDA84.185 $1,212,000 $1,212,000 $1,212,000 Comprehensive School Reform Demonstration CFDA84.332 $17,222,647 $17,222,647 $17,222,647 Education for Homeless Children & Youth CFDA84.196 $1,851,164 $1,851,164 $1,851,164 Education Technology State Grants CFDA84.318 $19,170,536 $19,170,536 $19,170,536 English Language Acquisition Grants CFDA84.365 $10,629,204 $10,629,204 $10,629,204 Even Start State Educational Agencies CFDA84.213 $6,391,803 $6,391,803 $6,391,803 Grant to Local Educational Agencies CFDA84.010 $311,537,540 $311,537,540 $311,537,540 Improving Teacher Quality State Grant CFDA84.367 $74,520,950 $74,520,950 $74,520,950 Learn & Serve America-School & Community Programs $752,037 $752,037 $752,037 CFDA94.004 Mathematics & Science Partnerships CFDA84.366 $4,212,377 $4,212,377 $4,212,377 Migrant Education State Grant Program CFDA84.011 $8,548,626 $8,548,626 $8,548,626 Reading First State Grant CFDA 84.357 $50,116,464 $50,116,464 $50,116,464 Refugee & Entrant Assistance Discretionary Grants CFDA93.576 $639,390 $639,390 $639,390 Rural Education CFDA84.358 $6,946,366 $6,946,366 $6,946,366 Safe and Drug-free Schools and Communities CFDA84.186 $9,386,637 $9,386,637 $9,386,637 Special Education Grants to States CFDA 84.027 $249,764,898 $249,764,898 $249,764,898 Special Education Preschool Grants CFDA 84.173 $10,012,669 $10,012,669 $10,012,669 State Grants for Innovative Programs CFDA84.298 $7,410,479 $7,410,479 $7,410,479 TOTAL PUBLIC FUNDS $817,561,039 $817,561,039 $817,561,039 Federal Programs Appropriation (HB1026) Federal programs coordinates federally funded programs and allocates federal funds to school systems. TOTAL FEDERAL FUNDS $817,561,039 $817,561,039 $817,561,039 21 Century Community Learning Centers CFDA84.287 $27,235,252 $27,235,252 $27,235,252 Byrd Honors Scholarship CFDA84.185 $1,212,000 $1,212,000 $1,212,000 Comprehensive School Reform Demonstration CFDA84.332 $17,222,647 $17,222,647 $17,222,647 Education for Homeless Children & Youth CFDA84.196 $1,851,164 $1,851,164 $1,851,164 THURSDAY, FEBRUARY 16, 2006 1019 Education Technology State Grants CFDA84.318 English Language Acquisition Grants CFDA84.365 Even Start State Educational Agencies CFDA84.213 Grant to Local Educational Agencies CFDA84.010 Improving Teacher Quality State Grant CFDA84.367 Learn & Serve America-School & Community Programs CFDA94.004 Mathematics & Science Partnerships CFDA84.366 Migrant Education State Grant Program CFDA84.011 Reading First State Grant CFDA 84.357 Refugee & Entrant Assistance Discretionary Grants CFDA93.576 Rural Education CFDA84.358 Safe and Drug-free Schools and Communities CFDA84.186 Special Education Grants to States CFDA 84.027 Special Education Preschool Grants CFDA 84.173 State Grants for Innovative Programs CFDA84.298 TOTAL PUBLIC FUNDS $19,170,536 $10,629,204 $6,391,803 $311,537,540 $74,520,950 $752,037 $19,170,536 $10,629,204 $6,391,803 $311,537,540 $74,520,950 $752,037 $19,170,536 $10,629,204 $6,391,803 $311,537,540 $74,520,950 $752,037 $4,212,377 $8,548,626 $50,116,464 $639,390 $6,946,366 $9,386,637 $249,764,898 $10,012,669 $7,410,479 $817,561,039 $4,212,377 $8,548,626 $50,116,464 $639,390 $6,946,366 $9,386,637 $249,764,898 $10,012,669 $7,410,479 $817,561,039 $4,212,377 $8,548,626 $50,116,464 $639,390 $6,946,366 $9,386,637 $249,764,898 $10,012,669 $7,410,479 $817,561,039 136. Foreign Language Appropriation (HB85) The foreign language program provides funds to elementary schools for foreign language instruction. TOTAL STATE FUNDS $1,590,857 $1,590,857 $1,590,857 State General Funds $1,590,857 $1,590,857 $1,590,857 TOTAL PUBLIC FUNDS $1,590,857 $1,590,857 $1,590,857 Foreign Language Appropriation (HB1026) The foreign language program provides funds to elementary schools for foreign language instruction. TOTAL STATE FUNDS $1,590,857 $1,590,857 $1,590,857 State General Funds $1,590,857 $1,590,857 $1,590,857 TOTAL PUBLIC FUNDS $1,590,857 $1,590,857 $1,590,857 137. Georgia Learning Resources System Appropriation (HB85) The purpose of this program is to provide training and resources to educators and parents of students with disabilities 1020 JOURNAL OF THE HOUSE through a network of 17 centers around the state. TOTAL FEDERAL FUNDS $5,117,573 $5,117,573 $5,117,573 Special Education Grants to States CFDA 84.027 $5,117,573 $5,117,573 $5,117,573 TOTAL PUBLIC FUNDS $5,117,573 $5,117,573 $5,117,573 Georgia Learning Resources System Appropriation (HB1026) 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 FEDERAL FUNDS $5,117,573 $5,117,573 $5,117,573 Special Education Grants to States CFDA 84.027 $5,117,573 $5,117,573 $5,117,573 TOTAL PUBLIC FUNDS $5,117,573 $5,117,573 $5,117,573 138. Georgia Virtual School Appropriation (HB85) 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 STATE FUNDS $1,385,000 $1,385,000 $1,385,000 State General Funds $1,385,000 $1,385,000 $1,385,000 TOTAL PUBLIC FUNDS $1,385,000 $1,385,000 $1,385,000 Georgia Virtual School Appropriation (HB1026) 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 STATE FUNDS $1,385,000 $1,385,000 $1,385,000 State General Funds $1,385,000 $1,385,000 $1,385,000 TOTAL PUBLIC FUNDS $1,385,000 $1,385,000 $1,385,000 139. Georgia Youth Science and Technology Appropriation (HB85) 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 STATE FUNDS $689,203 $689,203 $689,203 State General Funds $689,203 $689,203 $689,203 TOTAL PUBLIC FUNDS $689,203 $689,203 $689,203 THURSDAY, FEBRUARY 16, 2006 1021 Georgia Youth Science and Technology Appropriation (HB1026) 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 STATE FUNDS $689,203 $689,203 $689,203 State General Funds $689,203 $689,203 $689,203 TOTAL PUBLIC FUNDS $689,203 $689,203 $689,203 140. Governor's Honors Program Appropriation (HB85) 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 STATE FUNDS $1,416,743 $1,416,743 $1,416,743 State General Funds $1,416,743 $1,416,743 $1,416,743 TOTAL PUBLIC FUNDS $1,416,743 $1,416,743 $1,416,743 Governor's Honors Program Appropriation (HB1026) 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 STATE FUNDS $1,416,743 $1,416,743 $1,416,743 State General Funds $1,416,743 $1,416,743 $1,416,743 TOTAL PUBLIC FUNDS $1,416,743 $1,416,743 $1,416,743 141. Information Technology Services Appropriation (HB85) The purpose is primarily responsible for the collection and reporting of accurate data through the development and maintenance of web-enabled applications. TOTAL STATE FUNDS $7,496,550 $7,496,550 $7,496,550 State General Funds $7,496,550 $7,496,550 $7,496,550 TOTAL PUBLIC FUNDS $7,496,550 $7,496,550 $7,496,550 Changes in Operations / Administration 141.1 Create new program called Fund Accounting (G:YES)(H:YES)(S:NO) State General Funds $0 $0 $0 One-Time Expense 141.2 Provide fund accounting system for all local school system. (H: Redirect $500,000 in proposed funding to correct a 1022 JOURNAL OF THE HOUSE middle school FTE count error. Replace funds in year two of the fund accounting project.) State General Funds $9,000,000 $8,500,000 $0 141.3 Fund Accounting: Script Interface to Financial Systems State General Funds $1,000,000 141.4 Fund Accounting: Interface to Other Agencies State General Funds $500,000 141.5 Fund Accounting: Develop Capital Outlay Processing System (COPS) State General Funds $1,100,000 141.6 Fund Accounting: Electronic Transcript - assists GSFC to establish HOPE Eligibility as well as interface with State Universities and Colleges. State General Funds $400,000 141.7 Fund Accounting: Interface with Federal System - NCES Course Taxonomy State General Funds $100,000 141.8 Fund Accounting: Assessments - Adding item level domain data to Data Warehouse State General Funds $250,000 141.9 Fund Accounting: Project Planning & Development State General Funds $750,000 141.1 Fund Accounting: DOE Project Team Costs State General Funds $750,000 Information Technology Services Appropriation (HB1026) The purpose is primarily responsible for the collection and reporting of accurate data through the development and maintenance of web-enabled applications. TOTAL STATE FUNDS $16,496,550 $15,996,550 $12,346,550 State General Funds $16,496,550 $15,996,550 $12,346,550 TOTAL PUBLIC FUNDS $16,496,550 $15,996,550 $12,346,550 142. National Board Certification Appropriation (HB85) 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 (based on the state salary) to local systems. TOTAL STATE FUNDS $11,038,035 $11,038,035 $11,038,035 THURSDAY, FEBRUARY 16, 2006 1023 State General Funds $11,038,035 $11,038,035 $11,038,035 TOTAL PUBLIC FUNDS $11,038,035 $11,038,035 $11,038,035 National Board Certification Appropriation (HB1026) 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 (based on the state salary) to local systems. TOTAL STATE FUNDS $11,038,035 $11,038,035 $11,038,035 State General Funds $11,038,035 $11,038,035 $11,038,035 TOTAL PUBLIC FUNDS $11,038,035 $11,038,035 $11,038,035 143. National Science Center and Foundation Appropriation (HB85) 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 STATE FUNDS $1,416,750 $1,416,750 $1,416,750 State General Funds $1,416,750 $1,416,750 $1,416,750 TOTAL PUBLIC FUNDS $1,416,750 $1,416,750 $1,416,750 National Science Center and Foundation Appropriation (HB1026) 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 STATE FUNDS $1,416,750 $1,416,750 $1,416,750 State General Funds $1,416,750 $1,416,750 $1,416,750 TOTAL PUBLIC FUNDS $1,416,750 $1,416,750 $1,416,750 144. Non Quality Basic Education Formula Grants Appropriation (HB85) 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 STATE FUNDS $7,688,674 $7,688,674 $7,688,674 State General Funds $7,688,674 $7,688,674 $7,688,674 TOTAL PUBLIC FUNDS $7,688,674 $7,688,674 $7,688,674 1024 JOURNAL OF THE HOUSE Non Quality Basic Education Formula Grants Appropriation (HB1026) 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 STATE FUNDS $7,688,674 $7,688,674 $7,688,674 State General Funds $7,688,674 $7,688,674 $7,688,674 TOTAL PUBLIC FUNDS $7,688,674 $7,688,674 $7,688,674 145. Nutrition Appropriation (HB85) 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 STATE FUNDS $36,017,592 $36,017,592 $36,017,592 State General Funds $36,017,592 $36,017,592 $36,017,592 TOTAL FEDERAL FUNDS $188,375,722 $188,375,722 $188,375,722 National School Lunch Program CFDA10.555 $149,427,766 $149,427,766 $149,427,766 School Breakfast Program CFDA10.553 $38,947,956 $38,947,956 $38,947,956 TOTAL PUBLIC FUNDS $224,393,314 $224,393,314 $224,393,314 Nutrition Appropriation (HB1026) 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 STATE FUNDS $36,017,592 $36,017,592 $36,017,592 State General Funds $36,017,592 $36,017,592 $36,017,592 TOTAL FEDERAL FUNDS $188,375,722 $188,375,722 $188,375,722 National School Lunch Program CFDA10.555 $149,427,766 $149,427,766 $149,427,766 School Breakfast Program CFDA10.553 $38,947,956 $38,947,956 $38,947,956 TOTAL PUBLIC FUNDS $224,393,314 $224,393,314 $224,393,314 146. Preschool Handicapped Appropriation (HB85) The purpose of this program is to provide early intervention so students with disabilities will enter schools with the skills to succeed. TOTAL STATE FUNDS $24,008,490 $24,008,490 $24,008,490 State General Funds $24,008,490 $24,008,490 $24,008,490 THURSDAY, FEBRUARY 16, 2006 1025 TOTAL PUBLIC FUNDS $24,008,490 $24,008,490 $24,008,490 Preschool Handicapped Appropriation (HB1026) The purpose of this program is to provide early intervention so students with disabilities will enter schools with the skills to succeed. TOTAL STATE FUNDS $24,008,490 $24,008,490 $24,008,490 State General Funds $24,008,490 $24,008,490 $24,008,490 TOTAL PUBLIC FUNDS $24,008,490 $24,008,490 $24,008,490 147. Principal Supplements Appropriation (HB85) 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 STATE FUNDS $5,361,125 $5,361,125 $5,361,125 State General Funds $5,361,125 $5,361,125 $5,361,125 TOTAL PUBLIC FUNDS $5,361,125 $5,361,125 $5,361,125 Principal Supplements Appropriation (HB1026) 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 STATE FUNDS $5,361,125 $5,361,125 $5,361,125 State General Funds $5,361,125 $5,361,125 $5,361,125 TOTAL PUBLIC FUNDS $5,361,125 $5,361,125 $5,361,125 148. Quality Basic Education Equalization Appropriation (HB85) 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 STATE FUNDS $371,657,510 $371,657,510 $371,657,510 State General Funds $371,657,510 $371,657,510 $371,657,510 TOTAL PUBLIC FUNDS $371,657,510 $371,657,510 $371,657,510 Changes in Operations / Administration 148.3 Correct an error for Trion City Schools for the 2006 mid term adjustment. State General Funds $214,009 Changes in the Size of the Program 1026 JOURNAL OF THE HOUSE 148.1 Provide a correction to the Equalization Grant funding to properly reflect millage increases. Revenue Shortfall Reserve for K-12 Needs $5,112,596 $5,112,596 $5,112,596 148.2 Provide a mid-term adjustment for Equalization Grant. Revenue Shortfall Reserve for K-12 Needs $7,794,041 $7,794,041 $7,794,041 Quality Basic Education Equalization Appropriation (HB1026) 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 STATE FUNDS $384,564,147 $384,564,147 $384,778,156 Revenue Shortfall Reserve for K-12 Needs $12,906,637 $12,906,637 $12,906,637 State General Funds $371,657,510 $371,657,510 $371,871,519 TOTAL PUBLIC FUNDS $384,564,147 $384,564,147 $384,778,156 149. Quality Basic Education Local Five Mill Share Appropriation (HB85) 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 STATE FUNDS ($1,335,476,389) ($1,335,476,389) ($1,335,476,389) State General Funds ($1,335,476,389) ($1,335,476,389) ($1,335,476,389) TOTAL PUBLIC FUNDS ($1,335,476,389) ($1,335,476,389) ($1,335,476,389) Changes in the Size of the Program 149.1 Adjust funding for Local Five Mill Share for school systems with declining tax digest. Revenue Shortfall Reserve for K-12 Needs $248,409 $248,409 $248,409 State General Funds $357,339 $357,339 $357,339 TOTAL PUBLIC FUNDS $605,748 $605,748 $605,748 Quality Basic Education Local Five Mill Share Appropriation (HB1026) 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 STATE FUNDS ($1,334,870,641) ($1,334,870,641) ($1,334,870,641) Revenue Shortfall Reserve for K-12 Needs $248,409 $248,409 $248,409 State General Funds ($1,335,119,050) ($1,335,119,050) ($1,335,119,050) TOTAL PUBLIC FUNDS ($1,334,870,641) ($1,334,870,641) ($1,334,870,641) THURSDAY, FEBRUARY 16, 2006 1027 150. Quality Basic Education Program Appropriation (HB85) 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 STATE FUNDS $6,677,381,942 $6,677,381,942 $6,677,381,942 State General Funds $6,677,381,942 $6,677,381,942 $6,677,381,942 TOTAL PUBLIC FUNDS $6,677,381,942 $6,677,381,942 $6,677,381,942 Changes in the Size of the Program 150.1 Provide a mid-term adjustment for enrollment growth of 2.5%. Revenue Shortfall Reserve for K-12 Needs $144,984,921 $144,984,921 $144,984,921 150.2 Provide funds to correct an error in the FTE count for the middle school and middle grades programs. State General Funds $1,000,000 $1,000,000 Quality Basic Education Program Appropriation (HB1026) 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 STATE FUNDS $6,822,366,863 $6,823,366,863 $6,823,366,863 Revenue Shortfall Reserve for K-12 Needs $144,984,921 $144,984,921 $144,984,921 State General Funds $6,677,381,942 $6,678,381,942 $6,678,381,942 TOTAL PUBLIC FUNDS $6,822,366,863 $6,823,366,863 $6,823,366,863 151. Regional Education Service Agencies Appropriation (HB85) 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 STATE FUNDS $11,473,253 $11,473,253 $11,473,253 State General Funds $11,473,253 $11,473,253 $11,473,253 TOTAL PUBLIC FUNDS $11,473,253 $11,473,253 $11,473,253 Regional Education Service Agencies Appropriation (HB1026) 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 STATE FUNDS $11,473,253 $11,473,253 $11,473,253 State General Funds $11,473,253 $11,473,253 $11,473,253 TOTAL PUBLIC FUNDS $11,473,253 $11,473,253 $11,473,253 1028 JOURNAL OF THE HOUSE 152. School Improvement Appropriation (HB85) 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 STATE FUNDS $11,636,228 $11,636,228 $11,636,228 State General Funds $11,636,228 $11,636,228 $11,636,228 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Contributions, Donations, and Forfeitures $100,000 $100,000 $100,000 Donations $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $11,736,228 $11,736,228 $11,736,228 School Improvement Appropriation (HB1026) 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 STATE FUNDS $11,636,228 $11,636,228 $11,636,228 State General Funds $11,636,228 $11,636,228 $11,636,228 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Contributions, Donations, and Forfeitures $100,000 $100,000 $100,000 Donations $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $11,736,228 $11,736,228 $11,736,228 153. School Nurses Appropriation (HB85) 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 AGENCY FUNDS $30,000,000 $30,000,000 $30,000,000 Sales and Services $30,000,000 $30,000,000 $30,000,000 SHBP Participating Hospital Fee for School Nurses $30,000,000 $30,000,000 $30,000,000 TOTAL PUBLIC FUNDS $30,000,000 $30,000,000 $30,000,000 School Nurses Appropriation (HB1026) The purpose of this program is to provide appropriate health procedures to allow students to remain in school and increase opportunities for academic success. THURSDAY, FEBRUARY 16, 2006 1029 TOTAL AGENCY FUNDS Sales and Services SHBP Participating Hospital Fee for School Nurses TOTAL PUBLIC FUNDS $30,000,000 $30,000,000 $30,000,000 $30,000,000 $30,000,000 $30,000,000 $30,000,000 $30,000,000 $30,000,000 $30,000,000 $30,000,000 $30,000,000 154. Severely Emotionally Disturbed Appropriation (HB85) The purpose is to provide statewide services to parents and educators of students with disabilities. TOTAL STATE FUNDS $64,684,683 $64,684,683 $64,684,683 State General Funds $64,684,683 $64,684,683 $64,684,683 TOTAL FEDERAL FUNDS $7,724,112 $7,724,112 $7,724,112 Special Education Grants to States CFDA 84.027 $7,724,112 $7,724,112 $7,724,112 TOTAL PUBLIC FUNDS $72,408,795 $72,408,795 $72,408,795 Severely Emotionally Disturbed Appropriation (HB1026) The purpose is to provide statewide services to parents and educators of students with disabilities. TOTAL STATE FUNDS $64,684,683 $64,684,683 $64,684,683 State General Funds $64,684,683 $64,684,683 $64,684,683 TOTAL FEDERAL FUNDS $7,724,112 $7,724,112 $7,724,112 Special Education Grants to States CFDA 84.027 $7,724,112 $7,724,112 $7,724,112 TOTAL PUBLIC FUNDS $72,408,795 $72,408,795 $72,408,795 155. State Interagency Transfers Appropriation (HB85) The purpose is to provide health insurance to retired teachers and non certified personnel and to pass through funding via a contract. TOTAL STATE FUNDS $251,591,693 $251,591,693 $251,591,693 State General Funds $251,591,693 $251,591,693 $251,591,693 TOTAL FEDERAL FUNDS $18,888,697 $18,888,697 $18,888,697 Vocational Education Basic Grants CFDA84.048 $18,888,697 $18,888,697 $18,888,697 TOTAL PUBLIC FUNDS $270,480,390 $270,480,390 $270,480,390 State Interagency Transfers Appropriation (HB1026) The purpose is to provide health insurance to retired teachers and non certified personnel and to pass through funding via a contract. 1030 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Vocational Education Basic Grants CFDA84.048 TOTAL PUBLIC FUNDS $251,591,693 $251,591,693 $18,888,697 $18,888,697 $270,480,390 $251,591,693 $251,591,693 $18,888,697 $18,888,697 $270,480,390 $251,591,693 $251,591,693 $18,888,697 $18,888,697 $270,480,390 156. State Reading and Math Appropriation (HB85) 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 STATE FUNDS $26,652,770 $26,652,770 $26,652,770 State General Funds $26,652,770 $26,652,770 $26,652,770 TOTAL PUBLIC FUNDS $26,652,770 $26,652,770 $26,652,770 State Reading and Math Appropriation (HB1026) 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 STATE FUNDS $26,652,770 $26,652,770 $26,652,770 State General Funds $26,652,770 $26,652,770 $26,652,770 TOTAL PUBLIC FUNDS $26,652,770 $26,652,770 $26,652,770 157. State Schools Appropriation (HB85) 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 STATE FUNDS $18,875,323 $18,875,323 $18,875,323 State General Funds $18,875,323 $18,875,323 $18,875,323 TOTAL FEDERAL FUNDS $431,714 $431,714 $431,714 Reading First State Grant CFDA 84.357 $12,000 $12,000 $12,000 Special Education Grants to States CFDA 84.027 $406,865 $406,865 $406,865 Special Education Preschool Grants CFDA 84.173 $12,849 $12,849 $12,849 TOTAL AGENCY FUNDS $501,001 $501,001 $501,001 Sales and Services $501,001 $501,001 $501,001 Sales and Services Not Itemized $501,001 $501,001 $501,001 THURSDAY, FEBRUARY 16, 2006 1031 TOTAL PUBLIC FUNDS $19,808,038 $19,808,038 $19,808,038 One-Time Expense 157.1 Provide a covered walkway for the Georgia Academy for the Blind. State General Funds $180,000 $180,000 $180,000 State Schools Appropriation (HB1026) 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 STATE FUNDS $19,055,323 $19,055,323 $19,055,323 State General Funds $19,055,323 $19,055,323 $19,055,323 TOTAL FEDERAL FUNDS $431,714 $431,714 $431,714 Reading First State Grant CFDA 84.357 $12,000 $12,000 $12,000 Special Education Grants to States CFDA 84.027 $406,865 $406,865 $406,865 Special Education Preschool Grants CFDA 84.173 $12,849 $12,849 $12,849 TOTAL AGENCY FUNDS $501,001 $501,001 $501,001 Sales and Services $501,001 $501,001 $501,001 Sales and Services Not Itemized $501,001 $501,001 $501,001 TOTAL PUBLIC FUNDS $19,988,038 $19,988,038 $19,988,038 158. Technology/Career Education Appropriation (HB85) The purpose is to equip students with academic, technical and leadership skills. TOTAL STATE FUNDS $15,256,641 $15,256,641 $15,256,641 State General Funds $15,256,641 $15,256,641 $15,256,641 TOTAL FEDERAL FUNDS $20,606,546 $20,606,546 $20,606,546 Tech-Prep Education CFDA84.243 $3,152,930 $3,152,930 $3,152,930 Vocational Education Basic Grants CFDA84.048 $17,453,616 $17,453,616 $17,453,616 TOTAL PUBLIC FUNDS $35,863,187 $35,863,187 $35,863,187 Technology/Career Education Appropriation (HB1026) The purpose is to equip students with academic, technical and leadership skills. TOTAL STATE FUNDS $15,256,641 $15,256,641 $15,256,641 State General Funds $15,256,641 $15,256,641 $15,256,641 TOTAL FEDERAL FUNDS $20,606,546 $20,606,546 $20,606,546 1032 JOURNAL OF THE HOUSE Tech-Prep Education CFDA84.243 Vocational Education Basic Grants CFDA84.048 TOTAL PUBLIC FUNDS $3,152,930 $17,453,616 $35,863,187 $3,152,930 $17,453,616 $35,863,187 $3,152,930 $17,453,616 $35,863,187 159. Testing Appropriation (HB85) The purpose is to adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program. TOTAL STATE FUNDS $17,709,829 $17,709,829 $17,709,829 State General Funds $17,709,829 $17,709,829 $17,709,829 TOTAL FEDERAL FUNDS $9,704,191 $9,704,191 $9,704,191 Grants for State Assessments & Related Activities CFDA84.369 $9,704,191 $9,704,191 $9,704,191 TOTAL PUBLIC FUNDS $27,414,020 $27,414,020 $27,414,020 One-Time Expense 159.1 Provide funds to develop a modified assessment for students with persistent academic disabilities. State General Funds $1,000,000 $1,000,000 $1,000,000 Testing Appropriation (HB1026) The purpose is to adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program. TOTAL STATE FUNDS $18,709,829 $18,709,829 $18,709,829 State General Funds $18,709,829 $18,709,829 $18,709,829 TOTAL FEDERAL FUNDS $9,704,191 $9,704,191 $9,704,191 Grants for State Assessments & Related Activities CFDA84.369 $9,704,191 $9,704,191 $9,704,191 TOTAL PUBLIC FUNDS $28,414,020 $28,414,020 $28,414,020 160. Transportation Appropriation (HB85) The purpose 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 STATE FUNDS $158,353,875 $158,353,875 $158,353,875 State General Funds $158,353,875 $158,353,875 $158,353,875 TOTAL PUBLIC FUNDS $158,353,875 $158,353,875 $158,353,875 THURSDAY, FEBRUARY 16, 2006 1033 Changes in the Size of the Program 160.1 Add funds for increased fuel costs. State General Funds $5,000,000 $5,000,000 $5,000,000 Transportation Appropriation (HB1026) The purpose 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 STATE FUNDS $163,353,875 $163,353,875 $163,353,875 State General Funds $163,353,875 $163,353,875 $163,353,875 TOTAL PUBLIC FUNDS $163,353,875 $163,353,875 $163,353,875 161. Tuition for Multi-Handicapped Appropriation (HB85) 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 STATE FUNDS $1,658,859 $1,658,859 $1,658,859 State General Funds $1,658,859 $1,658,859 $1,658,859 TOTAL PUBLIC FUNDS $1,658,859 $1,658,859 $1,658,859 Tuition for Multi-Handicapped Appropriation (HB1026) 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 STATE FUNDS $1,658,859 $1,658,859 $1,658,859 State General Funds $1,658,859 $1,658,859 $1,658,859 TOTAL PUBLIC FUNDS $1,658,859 $1,658,859 $1,658,859 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. Section 24: Employees' Retirement System of Georgia TOTAL STATE FUNDS Section Total (HB85) $5,112,647 $5,112,647 $5,112,647 1034 JOURNAL OF THE HOUSE State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS $5,112,647 $5,112,647 $6,256,626 $6,256,626 $3,128,505 $3,128,505 $3,128,121 $3,128,121 $16,856,982 $16,856,982 $28,226,255 $28,226,255 Final Section Totals $5,112,647 $5,112,647 $5,112,647 $5,112,647 $6,257,025 $6,257,025 $3,128,505 $3,128,505 $3,128,520 $3,128,520 $16,859,726 $16,859,726 $28,229,398 $28,229,398 $5,112,647 $6,256,626 $3,128,505 $3,128,121 $16,856,982 $28,226,255 $5,112,647 $5,112,647 $6,257,025 $3,128,505 $3,128,520 $16,859,726 $28,229,398 162. Deferred Compensation Appropriation (HB85) The purpose is to provide excellent service to participants in the deferred compensation program for all employees of the State, giving them an effective supplement for their retirement planning. TOTAL AGENCY FUNDS $3,128,121 $3,128,121 $3,128,121 Sales and Services $3,128,121 $3,128,121 $3,128,121 Collection/Administrative Fees $3,128,121 $3,128,121 $3,128,121 TOTAL PUBLIC FUNDS $3,128,121 $3,128,121 $3,128,121 Statewide Changes 162.1 WC, GTA, and GBA Collection/Administrative Fees $399 $399 $399 Deferred Compensation Appropriation (HB1026) The purpose is to provide excellent service to participants in the deferred compensation program for all employees of the State, giving them an effective supplement for their retirement planning. TOTAL AGENCY FUNDS $3,128,520 $3,128,520 $3,128,520 Sales and Services $3,128,520 $3,128,520 $3,128,520 Collection/Administrative Fees $3,128,520 $3,128,520 $3,128,520 THURSDAY, FEBRUARY 16, 2006 1035 TOTAL PUBLIC FUNDS $3,128,520 $3,128,520 $3,128,520 163. Georgia Military Pension Fund Appropriation (HB85) The purpose is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $890,651 $890,651 $890,651 State General Funds $890,651 $890,651 $890,651 TOTAL PUBLIC FUNDS $890,651 $890,651 $890,651 Georgia Military Pension Fund Appropriation (HB1026) The purpose is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $890,651 $890,651 $890,651 State General Funds $890,651 $890,651 $890,651 TOTAL PUBLIC FUNDS $890,651 $890,651 $890,651 164. System Administration Appropriation (HB85) The purpose is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. 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 2006. TOTAL AGENCY FUNDS $3,128,505 $3,128,505 $3,128,505 Interest and Investment Income $3,128,505 $3,128,505 $3,128,505 Interest and Investment Income Not Itemized $3,128,505 $3,128,505 $3,128,505 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $16,856,982 $16,856,982 $16,856,982 Retirement Payments $16,856,982 $16,856,982 $16,856,982 TOTAL PUBLIC FUNDS $19,985,487 $19,985,487 $19,985,487 Statewide Changes 164.1 WC, GTA, and GBA Retirement Payments $2,744 $2,744 $2,744 System Administration Appropriation (HB1026) The purpose is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. 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 1036 JOURNAL OF THE HOUSE State Fiscal Year 2006. TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Retirement Payments TOTAL PUBLIC FUNDS $3,128,505 $3,128,505 $3,128,505 $16,859,726 $16,859,726 $19,988,231 $3,128,505 $3,128,505 $3,128,505 $16,859,726 $16,859,726 $19,988,231 $3,128,505 $3,128,505 $3,128,505 $16,859,726 $16,859,726 $19,988,231 165. Public School Employees Retirement System Appropriation (HB85) 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. It is the intent of the General Assembly that the employer contribution for Public School Employees' Retirement System shall not exceed $101.12 per member for State Fiscal Year 2006. TOTAL STATE FUNDS $4,221,996 $4,221,996 $4,221,996 State General Funds $4,221,996 $4,221,996 $4,221,996 TOTAL PUBLIC FUNDS $4,221,996 $4,221,996 $4,221,996 Public School Employees Retirement System Appropriation (HB1026) 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. It is the intent of the General Assembly that the employer contribution for Public School Employees' Retirement System shall not exceed $101.12 per member for State Fiscal Year 2006. TOTAL STATE FUNDS $4,221,996 $4,221,996 $4,221,996 State General Funds $4,221,996 $4,221,996 $4,221,996 TOTAL PUBLIC FUNDS $4,221,996 $4,221,996 $4,221,996 Section 25: Forestry Commission, State TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Cooperative Forestry Assistance CFDA10.664 Nine Mile Fire Grant CFDA10.644 Resource Conservation & Development CFDA10.901 Section Total (HB85) $31,932,273 $31,932,273 $31,932,273 $31,932,273 $822,000 $822,000 $612,000 $612,000 $200,000 $200,000 $10,000 $10,000 $31,932,273 $31,932,273 $822,000 $612,000 $200,000 $10,000 THURSDAY, FEBRUARY 16, 2006 1037 TOTAL AGENCY FUNDS Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Cooperative Forestry Assistance CFDA10.664 Nine Mile Fire Grant CFDA10.644 Resource Conservation & Development CFDA10.901 TOTAL AGENCY FUNDS Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS $5,448,129 $5,448,129 $138,000 $138,000 $5,310,129 $5,310,129 $38,202,402 $38,202,402 Final Section Totals $34,140,479 $34,140,479 $34,140,479 $34,140,479 $822,000 $822,000 $612,000 $612,000 $200,000 $200,000 $10,000 $10,000 $5,448,129 $5,448,129 $43,526 $43,526 $138,000 $138,000 $5,266,603 $5,266,603 $40,410,608 $40,410,608 $5,448,129 $138,000 $5,310,129 $38,202,402 $34,140,479 $34,140,479 $822,000 $612,000 $200,000 $10,000 $5,448,129 $43,526 $138,000 $5,266,603 $40,410,608 166. Commission Administration Appropriation (HB85) 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 STATE FUNDS $3,798,610 $3,798,610 $3,798,610 State General Funds $3,798,610 $3,798,610 $3,798,610 TOTAL AGENCY FUNDS $173,027 $173,027 $173,027 Sales and Services $173,027 $173,027 $173,027 Sales and Services Not Itemized $173,027 $173,027 $173,027 TOTAL PUBLIC FUNDS $3,971,637 $3,971,637 $3,971,637 Statewide Changes 166.1 WC, GTA, and GBA State General Funds $5,791 $5,791 $5,791 Changes in the Size of the Program 166.2 Realign funds to properly reflect expenditures by transferring funds from Forest Management, Forest Protection, Tree 1038 JOURNAL OF THE HOUSE Seedling Nursery, and Tree Improvement programs. State General Funds $344,098 $344,098 $344,098 Commission Administration Appropriation (HB1026) 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 STATE FUNDS $4,148,499 $4,148,499 $4,148,499 State General Funds $4,148,499 $4,148,499 $4,148,499 TOTAL AGENCY FUNDS $173,027 $173,027 $173,027 Sales and Services $173,027 $173,027 $173,027 Sales and Services Not Itemized $173,027 $173,027 $173,027 TOTAL PUBLIC FUNDS $4,321,526 $4,321,526 $4,321,526 167. Forest Management Appropriation (HB85) The purpose is to survey 20% of permanently established forest survey plots annually to gather forest health and inventory data. TOTAL STATE FUNDS $2,624,712 $2,624,712 $2,624,712 State General Funds $2,624,712 $2,624,712 $2,624,712 TOTAL FEDERAL FUNDS $552,000 $552,000 $552,000 Cooperative Forestry Assistance CFDA10.664 $542,000 $542,000 $542,000 Resource Conservation & Development CFDA10.901 $10,000 $10,000 $10,000 TOTAL AGENCY FUNDS $627,500 $627,500 $627,500 Royalties and Rents $125,000 $125,000 $125,000 Royalties and Rents Not Itemized $125,000 $125,000 $125,000 Sales and Services $502,500 $502,500 $502,500 Sales and Services Not Itemized $2,500 $2,500 $2,500 Timber Sales $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $3,804,212 $3,804,212 $3,804,212 Statewide Changes 167.1 WC, GTA, and GBA State General Funds $4,470 $4,470 $4,470 Changes in the Size of the Program THURSDAY, FEBRUARY 16, 2006 1039 167.2 Realign funds to properly reflect expenditures by transferring funds to the Administration program. State General Funds ($244,987) ($244,987) ($244,987) Timber Sales ($3,462) ($3,462) ($3,462) TOTAL PUBLIC FUNDS ($248,449) ($248,449) ($248,449) Forest Management Appropriation (HB1026) The purpose is to survey 20% of permanently established forest survey plots annually to gather forest health and inventory data. TOTAL STATE FUNDS $2,384,195 $2,384,195 $2,384,195 State General Funds $2,384,195 $2,384,195 $2,384,195 TOTAL FEDERAL FUNDS $552,000 $552,000 $552,000 Cooperative Forestry Assistance CFDA10.664 $542,000 $542,000 $542,000 Resource Conservation & Development CFDA10.901 $10,000 $10,000 $10,000 TOTAL AGENCY FUNDS $624,038 $624,038 $624,038 Royalties and Rents $125,000 $125,000 $125,000 Royalties and Rents Not Itemized $125,000 $125,000 $125,000 Sales and Services $499,038 $499,038 $499,038 Sales and Services Not Itemized $2,500 $2,500 $2,500 Timber Sales $496,538 $496,538 $496,538 TOTAL PUBLIC FUNDS $3,560,233 $3,560,233 $3,560,233 168. Forest Protection The purpose is to protect the public and forest resources. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Nine Mile Fire Grant CFDA10.644 TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Forest Protection Fees Appropriation (HB85) $25,575,110 $25,575,110 $200,000 $200,000 $2,676,611 $13,000 $13,000 $2,663,611 $2,127,444 $25,575,110 $25,575,110 $200,000 $200,000 $2,676,611 $13,000 $13,000 $2,663,611 $2,127,444 $25,575,110 $25,575,110 $200,000 $200,000 $2,676,611 $13,000 $13,000 $2,663,611 $2,127,444 1040 JOURNAL OF THE HOUSE Sales and Services Not Itemized $536,167 $536,167 $536,167 TOTAL PUBLIC FUNDS $28,451,721 $28,451,721 $28,451,721 Statewide Changes 168.1 WC, GTA, and GBA State General Funds $48,356 $48,356 $48,356 Changes in Operations / Administration 168.2 Realign funds to properly reflect expenditures by transferring to the Administration program. State General Funds ($98,647) ($98,647) ($98,647) Authority/local government payments to state agencies $43,526 $43,526 $43,526 TOTAL PUBLIC FUNDS ($55,121) ($55,121) ($55,121) 168.4 Provide funding for ongoing and deferred maintenance on firefighting equipment to prepare for a moderate fire season. State General Funds $876,222 $876,222 $876,222 One-Time Expense 168.3 Replace eighteen vehicles used in firefighting in excess of 135,000 miles. State General Funds $642,000 $642,000 $642,000 168.5 Fund commission-wide upgrades to communications equipment used in fighting fires. State General Funds $500,000 $500,000 $500,000 Changes in the Size of the Program 168.6 Fill fifteen vacant firefighter positions to ensure the commission can adequately respond to a moderate fire season. State General Funds $131,250 $131,250 $131,250 Forest Protection Appropriation (HB1026) The purpose is to protect the public and forest resources. TOTAL STATE FUNDS $27,674,291 $27,674,291 $27,674,291 State General Funds $27,674,291 $27,674,291 $27,674,291 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 Nine Mile Fire Grant CFDA10.644 $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $2,720,137 $2,720,137 $2,720,137 Intergovernmental Transfers $43,526 $43,526 $43,526 Authority/local government payments to state agencies $43,526 $43,526 $43,526 Royalties and Rents $13,000 $13,000 $13,000 THURSDAY, FEBRUARY 16, 2006 1041 Royalties and Rents Not Itemized Sales and Services Forest Protection Fees Sales and Services Not Itemized TOTAL PUBLIC FUNDS $13,000 $2,663,611 $2,127,444 $536,167 $30,594,428 $13,000 $2,663,611 $2,127,444 $536,167 $30,594,428 $13,000 $2,663,611 $2,127,444 $536,167 $30,594,428 169. Tree Improvement Appropriation (HB85) The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on legislative appropriations. TOTAL STATE FUNDS $119,123 $119,123 $119,123 State General Funds $119,123 $119,123 $119,123 TOTAL PUBLIC FUNDS $119,123 $119,123 $119,123 Changes in Operations / Administration 169.1 Realign funds to properly reflect expenditures by transferring funds to the Administration program. State General Funds ($464) ($464) ($464) Tree Improvement Appropriation (HB1026) The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on legislative appropriations. TOTAL STATE FUNDS $118,659 $118,659 $118,659 State General Funds $118,659 $118,659 $118,659 TOTAL PUBLIC FUNDS $118,659 $118,659 $118,659 170. Tree Seedling Nursery Appropriation (HB85) The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on legislative appropriations. TOTAL STATE FUNDS ($185,282) ($185,282) ($185,282) State General Funds ($185,282) ($185,282) ($185,282) TOTAL FEDERAL FUNDS $70,000 $70,000 $70,000 Cooperative Forestry Assistance CFDA10.664 $70,000 $70,000 $70,000 TOTAL AGENCY FUNDS $1,970,991 $1,970,991 $1,970,991 Sales and Services $1,970,991 $1,970,991 $1,970,991 1042 JOURNAL OF THE HOUSE Seedling Sales $1,970,991 $1,970,991 $1,970,991 TOTAL PUBLIC FUNDS $1,855,709 $1,855,709 $1,855,709 Statewide Changes 170.1 WC, GTA, and GBA State General Funds $117 $117 $117 Changes in Operations / Administration 170.2 Realign funds to properly reflect expenditures by transferring funds to the Administration program. Seedling Sales ($40,064) ($40,064) ($40,064) Tree Seedling Nursery Appropriation (HB1026) The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on legislative appropriations. TOTAL STATE FUNDS ($185,165) ($185,165) ($185,165) State General Funds ($185,165) ($185,165) ($185,165) TOTAL FEDERAL FUNDS $70,000 $70,000 $70,000 Cooperative Forestry Assistance CFDA10.664 $70,000 $70,000 $70,000 TOTAL AGENCY FUNDS $1,930,927 $1,930,927 $1,930,927 Sales and Services $1,930,927 $1,930,927 $1,930,927 Seedling Sales $1,930,927 $1,930,927 $1,930,927 TOTAL PUBLIC FUNDS $1,815,762 $1,815,762 $1,815,762 Section 26: Governor, Office of the TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS CDC-Investigations & Technical Assistance CFDA93.283 Emergency Management Performance Grants CFDA97.042 Employment Discrimination CFDA30.001 Fair Housing Assistance Program CFDA14.401 Grants for State Assessments & Related Activities CFDA84.369 Hazardous Materials Public Sector Training & Planning Section Total (HB85) $39,517,470 $39,517,470 $39,517,470 $39,517,470 $5,603,227 $5,603,227 $50,000 $50,000 $3,885,614 $3,885,614 $72,000 $72,000 $315,217 $315,217 $266,000 $266,000 $121,237 $121,237 $39,517,470 $39,517,470 $5,603,227 $50,000 $3,885,614 $72,000 $315,217 $266,000 $121,237 THURSDAY, FEBRUARY 16, 2006 CFDA20.703 Promotion of the Arts CFDA 45.025 Public Assistance Grants CFDA 97.036 Troops to Teachers CFDA84.815 Urban Areas Security Initiative CFDA97.008 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS CDC-Investigations & Technical Assistance CFDA93.283 Children's Justice Grants to States CFDA 93.643 Crime Victim Assistance CFDA16.575 Emergency Management Performance Grants CFDA97.042 Employment Discrimination CFDA30.001 Fair Housing Assistance Program CFDA14.401 Grants for State Assessments & Related Activities CFDA84.369 Improving Teacher Quality State Grant CFDA84.367 Hazardous Materials Public Sector Training & Planning CFDA20.703 Promotion of the Arts CFDA 45.025 Public Assistance Grants CFDA 97.036 Spouse to Teachers CFDA12.999 State Planning Grants CFDA93.256 Transition to Teaching CFDA84.350 Troops to Teachers CFDA84.815 $710,524 $710,524 $70,621 $70,621 $111,930 $111,930 $84 $84 $624,875 $624,875 $15,000 $15,000 $609,875 $609,875 $265,670 $265,670 $46,011,242 $46,011,242 Final Section Totals $40,137,430 $39,493,430 $40,137,430 $39,493,430 $5,603,227 $50,000 $5,603,227 $50,000 $3,885,614 $72,000 $315,217 $266,000 $121,237 $710,524 $70,621 $3,885,614 $72,000 $315,217 $266,000 $121,237 $710,524 $70,621 $111,930 $111,930 $710,524 $70,621 $111,930 $84 $624,875 $15,000 $609,875 $265,670 $46,011,242 $39,882,430 $39,787,430 $95,000 $26,042,786 $50,000 $73,948 $60,234 $3,885,614 $72,000 $405,717 $266,000 $1,622,818 $121,237 $714,630 $17,036,918 $25,832 $186,478 $1,106,477 $414,799 1043 1044 JOURNAL OF THE HOUSE Urban Areas Security Initiative CFDA97.008 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS $84 $624,875 $15,000 $609,875 $265,670 $46,631,202 $84 $624,875 $15,000 $609,875 $265,670 $45,987,202 $84 $2,505,080 $37,080 $131,001 $1,575,000 $615,056 $146,943 $392,506 $68,822,802 171. Governor's Emergency Fund Appropriation (HB85) The purpose is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $3,469,576 $3,469,576 $3,469,576 State General Funds $3,469,576 $3,469,576 $3,469,576 TOTAL PUBLIC FUNDS $3,469,576 $3,469,576 $3,469,576 Changes in the Size of the Program 171.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for transferring funds to the Georgia Emergency Management Agency Public Assistance program. State General Funds ($625,000) Governor's Emergency Fund Appropriation (HB1026) The purpose is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $3,469,576 $3,469,576 $2,844,576 State General Funds $3,469,576 $3,469,576 $2,844,576 TOTAL PUBLIC FUNDS $3,469,576 $3,469,576 $2,844,576 172. Governor's Office Appropriation (HB85) 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. The Mansion allowance shall be $40,000. TOTAL STATE FUNDS $5,056,367 $5,056,367 $5,056,367 State General Funds $5,056,367 $5,056,367 $5,056,367 THURSDAY, FEBRUARY 16, 2006 1045 TOTAL PUBLIC FUNDS $5,056,367 $5,056,367 $5,056,367 Statewide Changes 172.1 WC, GTA, and GBA State General Funds $3,017 $3,017 $3,017 Changes in the Size of the Program 172.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds used for the State of Georgia office in Washington, D.C. and Governor's Internship Program. Agency to Agency Contracts $126,836 Governor's Office Appropriation (HB1026) 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. The Mansion allowance shall be $40,000. TOTAL STATE FUNDS $5,059,384 $5,059,384 $5,059,384 State General Funds $5,059,384 $5,059,384 $5,059,384 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $126,836 Agency to Agency Contracts $126,836 TOTAL PUBLIC FUNDS $5,059,384 $5,059,384 $5,186,220 173. Planning and Budget - Attached Agency Administration Appropriation (HB85) The purpose is to provide administration services to various agencies. TOTAL STATE FUNDS $4,961,364 $4,961,364 $4,961,364 State General Funds $4,961,364 $4,961,364 $4,961,364 TOTAL PUBLIC FUNDS $4,961,364 $4,961,364 $4,961,364 Changes in the Size of the Program 173.1 Transfer funds to the Office Administration program and the Research and Management program to design and implement enterprise budget system. State General Funds ($754,845) ($754,845) ($754,845) 173.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for transferring funds to the Office Administration program. State General Funds ($300,000) 1046 JOURNAL OF THE HOUSE 173.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds from the OneGeorgia Authority. Tobacco Settlement Funds $95,000 Planning and Budget - Attached Agency Administration Appropriation (HB1026) The purpose is to provide administration services to various agencies. TOTAL STATE FUNDS $4,206,519 $4,206,519 $4,001,519 State General Funds $4,206,519 $4,206,519 $3,906,519 Tobacco Settlement Funds $95,000 TOTAL PUBLIC FUNDS $4,206,519 $4,206,519 $4,001,519 174. Planning and Budget - Budget Management and Fiscal Appropriation (HB85) Policy The purpose is to supply budgeting, policy management and revenue forecasting for the Office of the Governor. TOTAL STATE FUNDS $2,331,824 $2,331,824 $2,331,824 State General Funds $2,331,824 $2,331,824 $2,331,824 TOTAL PUBLIC FUNDS $2,331,824 $2,331,824 $2,331,824 Changes in the Size of the Program 174.1 Transfer funds to the Research and Management program to design and implement enterprise budget system. State General Funds ($164,398) ($164,398) ($164,398) 174.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to be used for contractual work with Georgia State University. State Planning Grants CFDA93.256 $186,478 Planning and Budget - Budget Management and Fiscal Policy Appropriation (HB1026) The purpose is to supply budgeting, policy management and revenue forecasting for the Office of the Governor. TOTAL STATE FUNDS $2,167,426 $2,167,426 $2,167,426 State General Funds $2,167,426 $2,167,426 $2,167,426 TOTAL FEDERAL FUNDS $186,478 State Planning Grants CFDA93.256 $186,478 TOTAL PUBLIC FUNDS $2,167,426 $2,167,426 $2,353,904 THURSDAY, FEBRUARY 16, 2006 1047 175. Planning and Budget - Office Administration Appropriation (HB85) The purpose is to provide the governor with policymaking assistance in determining strategic and tactical plans for state agencies. TOTAL STATE FUNDS $1,521,238 $1,521,238 $1,521,238 State General Funds $1,521,238 $1,521,238 $1,521,238 TOTAL PUBLIC FUNDS $1,521,238 $1,521,238 $1,521,238 Statewide Changes 175.1 WC, GTA, and GBA State General Funds $4,308 $4,308 $4,308 Changes in the Size of the Program 175.2 Transfer funds from the Attached Agency Administration program to design and implement enterprise budget system (S: Recognize in kind Payments from Georgia Technology Authority originally in HB85 as Remittance to State Treasury). State General Funds $340,939 $340,939 $340,939 Authority/local government payments to state agencies $1,575,000 TOTAL PUBLIC FUNDS $1,915,939 175.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for transferring funds from the Attached Agency Administration program. State General Funds $300,000 Planning and Budget - Office Administration Appropriation (HB1026) The purpose is to provide the governor with policymaking assistance in determining strategic and tactical plans for state agencies. TOTAL STATE FUNDS $1,866,485 $1,866,485 $2,166,485 State General Funds $1,866,485 $1,866,485 $2,166,485 TOTAL AGENCY FUNDS $1,575,000 Intergovernmental Transfers $1,575,000 Authority/local government payments to state agencies $1,575,000 TOTAL PUBLIC FUNDS $1,866,485 $1,866,485 $3,741,485 176. Planning and Budget - Planning and Evaluation Appropriation (HB85) The purpose is to provide capital budget planning and review and to provide strategic and business planning services to the Office of the Governor. 1048 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $899,456 $899,456 $899,456 State General Funds $899,456 $899,456 $899,456 TOTAL PUBLIC FUNDS $899,456 $899,456 $899,456 Changes in the Size of the Program 176.1 Transfer funds to the Research and Management program to design and implement enterprise budget system. State General Funds ($200,924) ($200,924) ($200,924) Planning and Budget - Planning and Evaluation Appropriation (HB1026) 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 STATE FUNDS $698,532 $698,532 $698,532 State General Funds $698,532 $698,532 $698,532 TOTAL PUBLIC FUNDS $698,532 $698,532 $698,532 177. Planning and Budget - Research and Management Appropriation (HB85) 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 STATE FUNDS $1,588,475 $1,588,475 $1,588,475 State General Funds $1,588,475 $1,588,475 $1,588,475 TOTAL PUBLIC FUNDS $1,588,475 $1,588,475 $1,588,475 Changes in the Size of the Program 177.1 Transfer funds from the Attached Agency Administration program to design and implement enterprise budget system. State General Funds $779,228 $779,228 $779,228 Planning and Budget - Research and Management Appropriation (HB1026) 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 STATE FUNDS $2,367,703 $2,367,703 $2,367,703 State General Funds $2,367,703 $2,367,703 $2,367,703 TOTAL PUBLIC FUNDS $2,367,703 $2,367,703 $2,367,703 178. Arts, Georgia Council for the Appropriation (HB85) The purpose is to provide general operation support and project support grants for art organizations. THURSDAY, FEBRUARY 16, 2006 1049 TOTAL STATE FUNDS $3,900,546 $3,900,546 $3,900,546 State General Funds $3,900,546 $3,900,546 $3,900,546 TOTAL FEDERAL FUNDS $710,524 $710,524 $710,524 Promotion of the Arts CFDA 45.025 $710,524 $710,524 $710,524 TOTAL AGENCY FUNDS $15,000 $15,000 $15,000 Contributions, Donations, and Forfeitures $15,000 $15,000 $15,000 Donations $15,000 $15,000 $15,000 TOTAL PUBLIC FUNDS $4,626,070 $4,626,070 $4,626,070 Statewide Changes 178.1 WC, GTA, and GBA State General Funds $138 $138 $138 Changes in the Size of the Program 178.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to increase access to the arts. Promotion of the Arts CFDA 45.025 $4,106 Arts, Georgia Council for the Appropriation (HB1026) The purpose is to provide general operation support and project support grants for art organizations. TOTAL STATE FUNDS $3,900,684 $3,900,684 $3,900,684 State General Funds $3,900,684 $3,900,684 $3,900,684 TOTAL FEDERAL FUNDS $710,524 $710,524 $714,630 Promotion of the Arts CFDA 45.025 $710,524 $710,524 $714,630 TOTAL AGENCY FUNDS $15,000 $15,000 $15,000 Contributions, Donations, and Forfeitures $15,000 $15,000 $15,000 Donations $15,000 $15,000 $15,000 TOTAL PUBLIC FUNDS $4,626,208 $4,626,208 $4,630,314 179. Child Advocate, Office of the Appropriation (HB85) The purpose is to provide independent oversight of persons, organizations, and agencies responsible for the protection and well-being of children. TOTAL STATE FUNDS $716,356 $716,356 $716,356 State General Funds $716,356 $716,356 $716,356 1050 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $716,356 $716,356 $716,356 Statewide Changes 179.1 WC, GTA, and GBA State General Funds $486 $486 $486 One-Time Expense 179.2 Provide software for an electronic document management system providing efficient storage, management and retrieval of all agency documents. State General Funds $25,132 $25,132 $25,132 Changes in the Size of the Program 179.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to aid advocacy and educational programs. Children's Justice Grants to States CFDA 93.643 $73,948 Crime Victim Assistance CFDA16.575 $60,234 TOTAL PUBLIC FUNDS $134,182 Child Advocate, Office of the Appropriation (HB1026) The purpose is to provide independent oversight of persons, organizations, and agencies responsible for the protection and well-being of children. TOTAL STATE FUNDS $741,974 $741,974 $741,974 State General Funds $741,974 $741,974 $741,974 TOTAL FEDERAL FUNDS $134,182 Children's Justice Grants to States CFDA 93.643 $73,948 Crime Victim Assistance CFDA16.575 $60,234 TOTAL PUBLIC FUNDS $741,974 $741,974 $876,156 180. Consumer Affairs, Governor's Office of Appropriation (HB85) 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 STATE FUNDS $3,287,352 $3,287,352 $3,287,352 State General Funds $3,287,352 $3,287,352 $3,287,352 TOTAL AGENCY FUNDS $417,019 $417,019 $417,019 Sales and Services $417,019 $417,019 $417,019 THURSDAY, FEBRUARY 16, 2006 1051 Regulatory Fees $417,019 $417,019 $417,019 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $150,670 $150,670 $150,670 Agency to Agency Contracts $150,670 $150,670 $150,670 TOTAL PUBLIC FUNDS $3,855,041 $3,855,041 $3,855,041 Statewide Changes 180.1 WC, GTA, and GBA State General Funds $2,354 $2,354 $2,354 Changes in the Size of the Program 180.2 Provide for cool room storage for servers. State General Funds $16,000 $16,000 $16,000 180.3 Provide funding to establish and implement a customer service initiative. (H: fund one position). State General Funds $700,000 $56,000 $350,000 180.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for agency funds to aid in the enforcement of civil law. Sales and Services Not Itemized $5,000 Sanctions, Fines, and Penalties Not Itemized $146,943 TOTAL PUBLIC FUNDS $151,943 Consumer Affairs, Governor's Office of Appropriation (HB1026) 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 STATE FUNDS $4,005,706 $3,361,706 $3,655,706 State General Funds $4,005,706 $3,361,706 $3,655,706 TOTAL AGENCY FUNDS $417,019 $417,019 $568,962 Sales and Services $417,019 $417,019 $422,019 Regulatory Fees $417,019 $417,019 $417,019 Sales and Services Not Itemized $5,000 Sanctions, Fines, and Penalties $146,943 Sanctions, Fines, and Penalties Not Itemized $146,943 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $150,670 $150,670 $150,670 Agency to Agency Contracts $150,670 $150,670 $150,670 TOTAL PUBLIC FUNDS $4,573,395 $3,929,395 $4,375,338 1052 JOURNAL OF THE HOUSE 181. Emergency Management Agency, Georgia Appropriation (HB85) 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 STATE FUNDS $1,989,168 $1,989,168 $1,989,168 State General Funds $1,989,168 $1,989,168 $1,989,168 TOTAL FEDERAL FUNDS $4,127,556 $4,127,556 $4,127,556 CDC-Investigations & Technical Assistance CFDA93.283 $50,000 $50,000 $50,000 Emergency Management Performance Grants CFDA97.042 $3,885,614 $3,885,614 $3,885,614 Hazardous Materials Public Sector Training & Planning $121,237 $121,237 $121,237 CFDA20.703 Public Assistance Grants CFDA 97.036 $70,621 $70,621 $70,621 Urban Areas Security Initiative CFDA97.008 $84 $84 $84 TOTAL AGENCY FUNDS $192,856 $192,856 $192,856 Sales and Services $192,856 $192,856 $192,856 Training Fees $192,856 $192,856 $192,856 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $115,000 $115,000 $115,000 Agency to Agency Contracts $115,000 $115,000 $115,000 TOTAL PUBLIC FUNDS $6,424,580 $6,424,580 $6,424,580 Statewide Changes 181.1 WC, GTA, and GBA State General Funds $1,133 $1,133 $1,133 Changes in the Size of the Program 181.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds and prior year funding from the Governor's Emergency Fund for Hurricane Katrina assistance. Public Assistance Grants CFDA 97.036 $16,966,097 Agency Funds Prior Year $131,001 TOTAL PUBLIC FUNDS $17,097,098 181.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for transferring funds from the Governor's Emergency Fund for Hurricane Dennis assistance. State General Funds $625,000 Emergency Management Agency, Georgia Appropriation (HB1026) THURSDAY, FEBRUARY 16, 2006 1053 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 STATE FUNDS $1,990,301 $1,990,301 $2,615,301 State General Funds $1,990,301 $1,990,301 $2,615,301 TOTAL FEDERAL FUNDS $4,127,556 $4,127,556 $21,093,653 CDC-Investigations & Technical Assistance CFDA93.283 $50,000 $50,000 $50,000 Emergency Management Performance Grants CFDA97.042 $3,885,614 $3,885,614 $3,885,614 Hazardous Materials Public Sector Training & Planning $121,237 $121,237 $121,237 CFDA20.703 Public Assistance Grants CFDA 97.036 $70,621 $70,621 $17,036,718 Urban Areas Security Initiative CFDA97.008 $84 $84 $84 TOTAL AGENCY FUNDS $192,856 $192,856 $323,857 Reserved Fund Balances $131,001 Agency Funds Prior Year $131,001 Sales and Services $192,856 $192,856 $192,856 Training Fees $192,856 $192,856 $192,856 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $115,000 $115,000 $115,000 Agency to Agency Contracts $115,000 $115,000 $115,000 TOTAL PUBLIC FUNDS $6,425,713 $6,425,713 $24,147,811 182. Equal Opportunity, Georgia Commission on Appropriation (HB85) 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 STATE FUNDS $695,707 $695,707 $695,707 State General Funds $695,707 $695,707 $695,707 TOTAL FEDERAL FUNDS $387,217 $387,217 $387,217 Employment Discrimination CFDA30.001 $72,000 $72,000 $72,000 Fair Housing Assistance Program CFDA14.401 $315,217 $315,217 $315,217 TOTAL PUBLIC FUNDS $1,082,924 $1,082,924 $1,082,924 Statewide Changes 182.1 WC, GTA, and GBA 1054 JOURNAL OF THE HOUSE State General Funds $440 $440 $440 Changes in Operations / Administration 182.2 Reflect savings from relocation of office space from Peachtree Center to Floyd State Office Building. State General Funds ($55,000) ($55,000) ($55,000) Changes in the Size of the Program 182.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to aid with fair housing. Fair Housing Assistance Program CFDA14.401 $90,500 Equal Opportunity, Georgia Commission on Appropriation (HB1026) 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 STATE FUNDS $641,147 $641,147 $641,147 State General Funds $641,147 $641,147 $641,147 TOTAL FEDERAL FUNDS $387,217 $387,217 $477,717 Employment Discrimination CFDA30.001 $72,000 $72,000 $72,000 Fair Housing Assistance Program CFDA14.401 $315,217 $315,217 $405,717 TOTAL PUBLIC FUNDS $1,028,364 $1,028,364 $1,118,864 183. Office of Homeland Security Appropriation (HB85) 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 STATE FUNDS $592,905 $592,905 $592,905 State General Funds $592,905 $592,905 $592,905 TOTAL PUBLIC FUNDS $592,905 $592,905 $592,905 Statewide Changes 183.1 WC, GTA, and GBA State General Funds $390 $390 $390 Changes in the Size of the Program 183.2 Reduce funds to reflect projected expenditures. State General Funds ($83,000) ($83,000) ($83,000) THURSDAY, FEBRUARY 16, 2006 1055 183.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in funds received from the Federal Emergency Management Agency. Public Assistance Grants CFDA 97.036 $200 Office of Homeland Security Appropriation (HB1026) 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 STATE FUNDS $510,295 $510,295 $510,295 State General Funds $510,295 $510,295 $510,295 TOTAL FEDERAL FUNDS $200 Public Assistance Grants CFDA 97.036 $200 TOTAL PUBLIC FUNDS $510,295 $510,295 $510,495 184. Office of the State Inspector General Appropriation (HB85) 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 STATE FUNDS $791,432 $791,432 $791,432 State General Funds $791,432 $791,432 $791,432 TOTAL PUBLIC FUNDS $791,432 $791,432 $791,432 Statewide Changes 184.1 WC, GTA, and GBA State General Funds $418 $418 $418 Office of the State Inspector General Appropriation (HB1026) 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 STATE FUNDS $791,850 $791,850 $791,850 State General Funds $791,850 $791,850 $791,850 TOTAL PUBLIC FUNDS $791,850 $791,850 $791,850 185. Professional Standards Commission, Georgia Appropriation (HB85) The purpose is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia. TOTAL STATE FUNDS $6,579,840 $6,579,840 $6,579,840 1056 JOURNAL OF THE HOUSE State General Funds $6,579,840 $6,579,840 $6,579,840 TOTAL FEDERAL FUNDS $111,930 $111,930 $111,930 Troops to Teachers CFDA84.815 $111,930 $111,930 $111,930 TOTAL PUBLIC FUNDS $6,691,770 $6,691,770 $6,691,770 Statewide Changes 185.1 WC, GTA, and GBA State General Funds $3,521 $3,521 $3,521 Changes in Operations / Administration 185.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for cost associated with consultant on the panel review of the schools on the needs improvement list and administration. Improving Teacher Quality State Grant CFDA84.367 $1,622,818 185.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for private donations collected at the National Board conference and bank card fees. Donations $22,080 Sales and Services Not Itemized $181 TOTAL PUBLIC FUNDS $22,261 Changes in How the Program is Funded 185.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for fund part time administrative assistant. Spouse to Teachers CFDA12.999 $25,832 Changes in the Size of the Program 185.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for one full time position and contract employees plus expenses related to the position. Troops to Teachers CFDA84.815 $302,869 185.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for stipend for participants, salary for consultants and other related expenses. Transition to Teaching CFDA84.350 $1,106,477 Professional Standards Commission, Georgia Appropriation (HB1026) The purpose is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia. TOTAL STATE FUNDS $6,583,361 $6,583,361 $6,583,361 State General Funds $6,583,361 $6,583,361 $6,583,361 THURSDAY, FEBRUARY 16, 2006 1057 TOTAL FEDERAL FUNDS Improving Teacher Quality State Grant CFDA84.367 Spouse to Teachers CFDA12.999 Transition to Teaching CFDA84.350 Troops to Teachers CFDA84.815 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Donations Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $111,930 $111,930 $6,695,291 $111,930 $111,930 $6,695,291 $3,169,926 $1,622,818 $25,832 $1,106,477 $414,799 $22,261 $22,080 $22,080 $181 $181 $9,775,548 186. Student Achievement, Office of Appropriation (HB85) The purpose is to improve student achievement and school completion in Georgia. TOTAL STATE FUNDS $1,135,864 $1,135,864 $1,135,864 State General Funds $1,135,864 $1,135,864 $1,135,864 TOTAL FEDERAL FUNDS $266,000 $266,000 $266,000 Grants for State Assessments & Related Activities CFDA84.369 $266,000 $266,000 $266,000 TOTAL PUBLIC FUNDS $1,401,864 $1,401,864 $1,401,864 Statewide Changes 186.1 WC, GTA, and GBA State General Funds $623 $623 $623 Student Achievement, Office of Appropriation (HB1026) The purpose is to improve student achievement and school completion in Georgia. TOTAL STATE FUNDS $1,136,487 $1,136,487 $1,136,487 State General Funds $1,136,487 $1,136,487 $1,136,487 TOTAL FEDERAL FUNDS $266,000 $266,000 $266,000 Grants for State Assessments & Related Activities CFDA84.369 $266,000 $266,000 $266,000 TOTAL PUBLIC FUNDS $1,402,487 $1,402,487 $1,402,487 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 1058 JOURNAL OF THE HOUSE for all the purposes for which such moneys may be appropriated pursuant to Article 28. Section 27: Human Resources, Department of TOTAL STATE FUNDS Brain and Spinal Injury Trust Fund State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Adoption Assistance CFDA93.659 Aging Supportive Services & Senior Centers CFDA93.044 CMS Research, Demonstrations & Evaluations CFDA93.779 Chafee Foster Care Independence Program CFDA93.674 Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Child Support Enforcement Research CFDA93.564 Child Support Enforcement Title IV-D CFDA93.563 Child Welfare Services - State Grants Title IV-B CFDA93.645 Community Mental Health Services Block Grant CFDA93.958 Community Services Block Grant CFDA93.569 Developmental Disabilities Basic Support & Advocacy CFDA93.630 Family Planning Services CFDA93.217 Foster Care Title IV-E CFDA93.658 Grants to States for Access & Visitation Programs CFDA93.597 HIV Care Formula Grants CFDA93.917 HIV Prevention Activities-Health Department Based CFDA93.94 HIV & AIDS Surveillance Programs CFDA93.944 Immunization Grants CFDA93.268 Low-Income Home Energy Assistance CFDA93.568 Maternal & Child Health Services Block Grant CFDA93.994 Section Total (HB85) $1,372,277,952 $1,372,277,952 $3,000,000 $3,000,000 $1,334,244,473 $1,334,244,473 $35,033,479 $35,033,479 $1,197,385,486 $1,197,385,486 $25,386,643 $25,386,643 $27,262,927 $27,262,927 $6,533,524 $6,533,524 $1,593,827 $1,593,827 $52,106,949 $52,106,949 $74,410,706 $74,410,706 $8,760,828 $8,760,828 $42,853,048 $42,853,048 $9,134,573 $9,134,573 $12,840,422 $12,840,422 $17,185,183 $17,185,183 $2,248,393 $2,248,393 $1,372,277,952 $3,000,000 $1,334,244,473 $35,033,479 $1,197,385,486 $25,386,643 $27,262,927 $6,533,524 $1,593,827 $52,106,949 $74,410,706 $8,760,828 $42,853,048 $9,134,573 $12,840,422 $17,185,183 $2,248,393 $6,207,725 $41,354,292 $274,295 $2,578,954 $3,634,743 $581,648 $1,303,416 $18,929,972 $17,348,033 $6,207,725 $41,354,292 $274,295 $2,578,954 $3,634,743 $581,648 $1,303,416 $18,929,972 $17,348,033 $6,207,725 $41,354,292 $274,295 $2,578,954 $3,634,743 $581,648 $1,303,416 $18,929,972 $17,348,033 THURSDAY, FEBRUARY 16, 2006 Medical Assistance Program CFDA93.778 Medicare - Hospital Insurance CFDA93.773 Medicare - Supplementary Medical Insurance Program CFDA93.774 National School Lunch Program CFDA10.555 Prevention & Treatment of Substance Abuse Block Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Preventive Services-Sexually Transmitted Diseases Control CFDA93.977 Prevention of Elder Abuse, Neglect, & Exploitation CFDA93.041 Grants & Agreements for Tuberculosis Control Programs CFDA93.116 Refugee & Entrant Assistance Discretionary Grants CFDA93.576 Refugee & Entrant Assistance Programs CFDA93.566 Research on Healthcare Costs, Quality & Outcomes CFDA93.226 Safe and Drug-free Schools and Communities CFDA84.186 Senior Community Service Employment Program CFDA 17.235 Social Services Block Grant CFDA 93.667 Special Ed-Infants & Families with Disabilities CFDA84.181 Special Programs for the Aging Nutrition Services CFDA 93.045 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 Supplemental Nutrition -Women Infants & Children CFDA10.557 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Unobligated Balance TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS $175,865,314 $1,115,408 $9,281,187 $175,865,314 $1,115,408 $9,281,187 $310,126 $50,960,435 $310,126 $50,960,435 $4,203,960 $2,297,423 $4,203,960 $2,297,423 $95,389 $1,613,061 $95,389 $1,613,061 $118,690 $118,690 $3,103,467 $3,103,467 $288,204 $288,204 $320,397 $320,397 $1,987,166 $1,987,166 $55,368,733 $55,368,733 $4,095,607 $4,095,607 $3,264,969 $3,264,969 $57,379,100 $57,379,100 $85,363,000 $85,363,000 $347,823,749 $347,823,749 $20,000,000 $20,000,000 $181,632,610 $181,632,610 $20,000,000 $20,000,000 $161,632,610 $161,632,610 $6,030,541 $6,030,541 $2,757,326,589 $2,757,326,589 Final Section Totals $175,865,314 $1,115,408 $9,281,187 $310,126 $50,960,435 $4,203,960 $2,297,423 $95,389 $1,613,061 $118,690 $3,103,467 $288,204 $320,397 $1,987,166 $55,368,733 $4,095,607 $3,264,969 $57,379,100 $85,363,000 $347,823,749 $20,000,000 $181,632,610 $20,000,000 $161,632,610 $6,030,541 $2,757,326,589 1059 1060 JOURNAL OF THE HOUSE TOTAL STATE FUNDS Brain and Spinal Injury Trust Fund State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Adoption Assistance CFDA93.659 Adoption Opportunities CFDA 93.652 Aging Supportive Services & Senior Centers CFDA93.044 CDC-Investigations & Technical Assistance CFDA93.283 CMS Research, Demonstrations & Evaluations CFDA93.779 Chafee Foster Care Independence Program CFDA93.674 Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Child Care Development Fund Unobligated Balance Child Support Enforcement Research CFDA93.564 Child Support Enforcement Title IV-D CFDA93.563 Child Welfare Services - State Grants Title IV-B CFDA93.645 Community Mental Health Services Block Grant CFDA93.958 Community Services Block Grant CFDA93.569 Crime Victim Assistance CFDA16.575 Developmental Disabilities Basic Support & Advocacy CFDA93.630 Family Planning Services CFDA93.217 Family Violence Prevention-Battered Women's Shelters CFDA93.671 Foster Care Title IV-E CFDA93.658 Grants to States for Access & Visitation Programs CFDA93.597 HIV Care Formula Grants CFDA93.917 HIV Prevention Activities-Health Department Based CFDA93.94 HIV & AIDS Surveillance Programs CFDA93.944 Immunization Grants CFDA93.268 $1,408,324,342 $3,000,000 $1,370,290,863 $35,033,479 $1,224,805,252 $25,948,375 $27,262,927 $6,533,524 $1,754,322 $54,506,907 $74,410,706 $8,760,828 $42,988,940 $9,134,451 $12,840,422 $17,185,183 $2,248,393 $1,407,198,614 $3,000,000 $1,369,165,135 $35,033,479 $1,224,612,986 $25,948,375 $27,262,927 $6,533,524 $1,754,322 $54,506,907 $74,410,706 $8,760,828 $42,988,940 $9,134,451 $12,840,422 $17,185,183 $2,248,393 $1,402,495,032 $3,000,000 $1,364,461,553 $35,033,479 $1,469,209,189 $25,948,375 $4,236,423 $27,262,927 $25,495,755 $6,605,994 $1,754,322 $54,506,907 $74,410,706 $29,700,000 $8,760,828 $61,925,816 $6,059,265 $12,840,422 $17,185,183 $56,575 $2,248,393 $6,207,725 $284,186 $6,207,725 $284,186 $6,304,788 $284,186 $74,236,044 $274,295 $2,578,954 $3,634,743 $581,648 $1,303,416 $74,236,044 $274,295 $2,578,954 $3,634,743 $581,648 $1,303,416 $74,236,044 $274,295 $32,186,203 $5,303,885 $581,648 $4,425,577 THURSDAY, FEBRUARY 16, 2006 Injury Prevention & Control Research & State & Community Based CFDA 93.136 Low-Income Home Energy Assistance CFDA93.568 Maternal and Child Health Federal Consolidated Programs CFDA93.11 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Medicare - Hospital Insurance CFDA93.773 Medicare - Supplementary Medical Insurance Program CFDA93.774 National School Lunch Program CFDA10.555 Prevention & Treatment of Substance Abuse Block Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Preventive Services-Sexually Transmitted Diseases Control CFDA93.977 Prevention of Elder Abuse, Neglect, & Exploitation CFDA93.041 Grants & Agreements for Tuberculosis Control Programs CFDA93.116 Promoting Safe and Stable Families CFDA 93.556 Public Health and Social Services Emergency Fund CFDA93.003 Refugee & Entrant Assistance Discretionary Grants CFDA93.576 Refugee & Entrant Assistance Programs CFDA93.566 Research on Healthcare Costs, Quality & Outcomes CFDA93.226 Safe and Drug-free Schools and Communities CFDA84.186 Senior Community Service Employment Program CFDA 17.235 Social Services Block Grant CFDA 93.667 Special Ed-Infants & Families with Disabilities CFDA84.181 Special Programs for the Aging Nutrition Services CFDA 93.045 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 State and Community Highway Safety CFDA20.600 $18,970,241 $17,348,033 $147,089,005 $1,115,408 $9,281,187 $310,126 $50,960,435 $4,203,960 $2,297,423 $95,389 $1,613,061 $118,690 $3,185,007 $288,204 $320,397 $1,987,166 $55,370,733 $4,095,607 $3,264,969 $73,311,026 $18,970,241 $17,348,033 $146,896,739 $1,115,408 $9,281,187 $310,126 $50,960,435 $4,203,960 $2,297,423 $95,389 $1,613,061 $118,690 $3,185,007 $288,204 $320,397 $1,987,166 $55,370,733 $4,095,607 $3,264,969 $73,311,026 $301,063 $18,970,241 $611,966 $17,348,033 $97,502,564 $1,286,149 $9,281,187 $310,126 $52,280,546 $5,258,723 $2,297,423 $95,389 $2,121,668 $10,000,000 $8,369,836 $119,690 $3,622,362 $1,231,194 $2,788,983 $1,987,166 $55,370,733 $4,732,626 $4,089,850 $91,644,807 $731,066 1061 1062 JOURNAL OF THE HOUSE Survey & Certification of Health Care Providers/Suppliers CFDA93.777 Substance Abuse and Mental Health Services, Projects of Regional and National Significance Supplemental Nutrition -Women Infants & Children CFDA10.557 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Unobligated Balance TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS $28,100 $307,151 $85,363,000 $351,540,196 $20,000,000 $179,298,282 $20,000,000 $159,298,282 $6,030,541 $2,818,458,417 $85,363,000 $351,540,196 $20,000,000 $179,298,282 $20,000,000 $159,298,282 $6,030,541 $2,817,140,423 $233,202,281 $354,728,378 $5,995,371 $185,988,861 $20,000,000 $165,988,861 $6,030,541 $3,063,723,623 187. Adolescent Health and Youth Development Appropriation (HB85) The purpose is to prevent teenage pregnancy and out-of-wedlock births and promote male responsibility. TOTAL STATE FUNDS $2,950,573 $2,950,573 $2,950,573 State General Funds $2,950,573 $2,950,573 $2,950,573 TOTAL FEDERAL FUNDS $9,807,473 $9,807,473 $9,807,473 Maternal & Child Health Services Block Grant CFDA93.994 $1,043,468 $1,043,468 $1,043,468 Medical Assistance Program CFDA93.778 $25,631 $25,631 $25,631 Temporary Assistance for Needy Families $8,738,374 $8,738,374 $8,738,374 Temporary Assistance for Needy Families Block Grant CFDA $8,738,374 $8,738,374 $8,738,374 93.558 TOTAL PUBLIC FUNDS $12,758,046 $12,758,046 $12,758,046 Adolescent Health and Youth Development Appropriation (HB1026) The purpose is to prevent teenage pregnancy and out-of-wedlock births and promote male responsibility. TOTAL STATE FUNDS $2,950,573 $2,950,573 $2,950,573 State General Funds $2,950,573 $2,950,573 $2,950,573 TOTAL FEDERAL FUNDS $9,807,473 $9,807,473 $9,807,473 Maternal & Child Health Services Block Grant CFDA93.994 $1,043,468 $1,043,468 $1,043,468 Medical Assistance Program CFDA93.778 $25,631 $25,631 $25,631 THURSDAY, FEBRUARY 16, 2006 1063 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Block Grant CFDA 93.558 TOTAL PUBLIC FUNDS $8,738,374 $8,738,374 $12,758,046 $8,738,374 $8,738,374 $12,758,046 $8,738,374 $8,738,374 $12,758,046 188. Adoption Services and Supplements Appropriation (HB85) 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 STATE FUNDS $27,839,182 $27,839,182 $27,839,182 State General Funds $27,839,182 $27,839,182 $27,839,182 TOTAL FEDERAL FUNDS $25,557,784 $25,557,784 $25,557,784 Adoption Assistance CFDA93.659 $21,257,784 $21,257,784 $21,257,784 Temporary Assistance for Needy Families $4,300,000 $4,300,000 $4,300,000 Temporary Assistance for Needy Families Block Grant CFDA $4,300,000 $4,300,000 $4,300,000 93.558 TOTAL AGENCY FUNDS $561,732 $561,732 $561,732 Sales and Services $561,732 $561,732 $561,732 Patient Payments from Third Party Insurers per 31-2-2 and $561,732 $561,732 $561,732 Patients TOTAL PUBLIC FUNDS $53,958,698 $53,958,698 $53,958,698 Changes in How the Program is Funded 188.1 Supplant Medicaid Patient Pay Agency funds with federal funds. Adoption Assistance CFDA93.659 $561,732 $561,732 $561,732 Patient Payments from Third Party Insurers per 31-2-2 and Patients ($561,732) ($561,732) ($561,732) TOTAL PUBLIC FUNDS $0 $0 $0 Changes in the Size of the Program 188.2 Add funds to cover increases in the number of adoptions by Title-IV E ineligible Families. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $1,000,000 Adoption Services and Supplements Appropriation (HB1026) The purpose is to support and facilitate the permanent placement of children in safe and stable homes by providing financial assistance and supportive services. 1064 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Adoption Assistance CFDA93.659 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Block Grant CFDA 93.558 TOTAL PUBLIC FUNDS $27,839,182 $27,839,182 $26,119,516 $21,819,516 $4,300,000 $4,300,000 $53,958,698 $27,839,182 $27,839,182 $26,119,516 $21,819,516 $4,300,000 $4,300,000 $53,958,698 $27,839,182 $27,839,182 $27,119,516 $21,819,516 $5,300,000 $5,300,000 $54,958,698 189. Adult Protective Services Appropriation (HB85) 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 STATE FUNDS $8,166,693 $8,166,693 $8,166,693 State General Funds $8,166,693 $8,166,693 $8,166,693 TOTAL FEDERAL FUNDS $6,432,602 $6,432,602 $6,432,602 Medical Assistance Program CFDA93.778 $4,178,063 $4,178,063 $4,178,063 Social Services Block Grant CFDA 93.667 $2,254,539 $2,254,539 $2,254,539 TOTAL PUBLIC FUNDS $14,599,295 $14,599,295 $14,599,295 Changes in Operations / Administration 189.1 Transfer funds to the Child Protective Services program to correctly reflect the amount of Targeted Case Management funds. Medical Assistance Program CFDA93.778 ($2,507,000) ($2,507,000) ($2,507,000) 189.2 Transfer to the Administration program to provide for appropriate segregation of duties for guardianship activities. State General Funds ($250,000) ($250,000) ($250,000) 189.3 Transfer funds from the Child Protective Services program. State General Funds $2,507,000 $2,507,000 $2,507,000 Adult Protective Services Appropriation (HB1026) 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 STATE FUNDS $10,423,693 $10,423,693 $10,423,693 State General Funds $10,423,693 $10,423,693 $10,423,693 THURSDAY, FEBRUARY 16, 2006 1065 TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA 93.667 TOTAL PUBLIC FUNDS $3,925,602 $1,671,063 $2,254,539 $14,349,295 $3,925,602 $1,671,063 $2,254,539 $14,349,295 $3,925,602 $1,671,063 $2,254,539 $14,349,295 190. Cancer Screening and Prevention Appropriation (HB85) The purpose is to reduce the morbidity and mortality from breast or cervical cancer. TOTAL STATE FUNDS $6,261,931 $6,261,931 $6,261,931 State General Funds $3,536,818 $3,536,818 $3,536,818 Tobacco Settlement Funds $2,725,113 $2,725,113 $2,725,113 TOTAL PUBLIC FUNDS $6,261,931 $6,261,931 $6,261,931 Changes in How the Program is Funded 190.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. CDC-Investigations & Technical Assistance CFDA93.283 $976,317 Cancer Screening and Prevention Appropriation (HB1026) The purpose is to reduce the morbidity and mortality from breast or cervical cancer. TOTAL STATE FUNDS $6,261,931 $6,261,931 $6,261,931 State General Funds $3,536,818 $3,536,818 $3,536,818 Tobacco Settlement Funds $2,725,113 $2,725,113 $2,725,113 TOTAL FEDERAL FUNDS $976,317 CDC-Investigations & Technical Assistance CFDA93.283 $976,317 TOTAL PUBLIC FUNDS $6,261,931 $6,261,931 $7,238,248 191. Child Care and Parent Services Appropriation (HB85) 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 STATE FUNDS $61,805,665 $61,805,665 $61,805,665 State General Funds $61,805,665 $61,805,665 $61,805,665 TOTAL FEDERAL FUNDS $124,387,121 $124,387,121 $124,387,121 Child Care & Development Block Grant CFDA93.575 $52,106,949 $52,106,949 $52,106,949 1066 JOURNAL OF THE HOUSE CCDF Mandatory & Matching Funds CFDA93.596 $32,580,082 $32,580,082 $32,580,082 Social Services Block Grant CFDA 93.667 $90 $90 $90 Temporary Assistance for Needy Families $39,700,000 $39,700,000 $39,700,000 Temporary Assistance for Needy Families Block Grant CFDA $10,000,000 $10,000,000 $10,000,000 93.558 TANF Transfers to Child Care Development Fund $29,700,000 $29,700,000 $29,700,000 TOTAL AGENCY FUNDS $832,728 $832,728 $832,728 Sales and Services $832,728 $832,728 $832,728 Patient Payments from Third Party Insurers per 31-2-2 and $832,728 $832,728 $832,728 Patients TOTAL PUBLIC FUNDS $187,025,514 $187,025,514 $187,025,514 Changes in Operations / Administration 191.1 Transfer funds for After School Care Expansion activities to Support for Needy Families-Administration and Family Assistance. State General Funds ($4,000,000) ($4,000,000) $0 Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($10,000,000) ($10,000,000) $0 TOTAL PUBLIC FUNDS ($14,000,000) ($14,000,000) $0 Changes in How the Program is Funded 191.2 Supplant Medicaid Patient Pay Agency funds with federal funds. Child Care & Development Block Grant CFDA93.575 $832,728 $832,728 $832,728 Patient Payments from Third Party Insurers per 31-2-2 and Patients ($832,728) ($832,728) ($832,728) TOTAL PUBLIC FUNDS $0 $0 $0 191.3 Supplant funds Child Care Development Fund Unobligated Balance $0 $0 $29,700,000 TANF Transfers to Child Care Development Fund ($29,700,000) TOTAL PUBLIC FUNDS $0 Child Care and Parent Services Appropriation (HB1026) 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 STATE FUNDS $57,805,665 $57,805,665 $61,805,665 State General Funds $57,805,665 $57,805,665 $61,805,665 THURSDAY, FEBRUARY 16, 2006 1067 TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Child Care Development Fund Unobligated Balance Social Services Block Grant CFDA 93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Block Grant CFDA 93.558 TANF Transfers to Child Care Development Fund TOTAL PUBLIC FUNDS $115,219,849 $52,939,677 $32,580,082 $90 $29,700,000 $115,219,849 $52,939,677 $32,580,082 $90 $29,700,000 $125,219,849 $52,939,677 $32,580,082 $29,700,000 $90 $10,000,000 $10,000,000 $29,700,000 $173,025,514 $29,700,000 $173,025,514 $187,025,514 192. Child Fatality Review Panel Appropriation (HB85) 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 STATE FUNDS $334,562 $334,562 $334,562 State General Funds $334,562 $334,562 $334,562 TOTAL PUBLIC FUNDS $334,562 $334,562 $334,562 Statewide Changes 192.1 WC, GTA, and GBA State General Funds $249 $249 $249 Child Fatality Review Panel Appropriation (HB1026) 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 STATE FUNDS $334,811 $334,811 $334,811 State General Funds $334,811 $334,811 $334,811 TOTAL PUBLIC FUNDS $334,811 $334,811 $334,811 193. Child Protective Services Appropriation (HB85) 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 STATE FUNDS $60,124,883 $60,124,883 $60,124,883 1068 JOURNAL OF THE HOUSE State General Funds $58,055,835 $58,055,835 $58,055,835 Tobacco Settlement Funds $2,069,048 $2,069,048 $2,069,048 TOTAL FEDERAL FUNDS $156,710,324 $156,710,324 $156,710,324 CCDF Mandatory & Matching Funds CFDA93.596 $41,829,844 $41,829,844 $41,829,844 Child Welfare Services - State Grants Title IV-B CFDA93.645 $4,573,265 $4,573,265 $4,573,265 Foster Care Title IV-E CFDA93.658 $13,431,881 $13,431,881 $13,431,881 Social Services Block Grant CFDA 93.667 $5,018,743 $5,018,743 $5,018,743 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $21,072,425 $21,072,425 $21,072,425 Temporary Assistance for Needy Families $70,784,166 $70,784,166 $70,784,166 Temporary Assistance for Needy Families Block Grant CFDA $50,669,658 $50,669,658 $50,669,658 93.558 TANF Transfers to Social Services Block Grant $20,114,508 $20,114,508 $20,114,508 TOTAL AGENCY FUNDS $13,490,604 $13,490,604 $13,490,604 Sales and Services $13,490,604 $13,490,604 $13,490,604 Patient Payments from Third Party Insurers per 31-2-2 and $13,490,604 $13,490,604 $13,490,604 Patients TOTAL PUBLIC FUNDS $230,325,811 $230,325,811 $230,325,811 Changes in Operations / Administration 193.1 Transfer funds from the Adult Protective Services program to correctly reflect the amount of Targeted Case Management funds. Medical Assistance Program CFDA93.778 $2,507,000 $2,507,000 $2,507,000 193.2 Adjust the cost of 500 Child Protective Services caseworkers added in the FY2006 General Budget to account for an earlier start date. State General Funds $4,437,525 $4,437,525 $4,437,525 Foster Care Title IV-E CFDA93.658 $4,951,975 $4,951,975 $4,951,975 TOTAL PUBLIC FUNDS $9,389,500 $9,389,500 $9,389,500 193.3 Transfer funds to the Adult Protective Services program. State General Funds ($2,507,000) ($2,507,000) ($2,507,000) Changes in How the Program is Funded 193.4 Transfer federal funds from the Out of Home Care program for child protective services investigations. Social Services Block Grant CFDA 93.667 $3,600,000 $3,600,000 $3,600,000 THURSDAY, FEBRUARY 16, 2006 1069 193.5 Supplant Medicaid Patient Pay Agency funds with federal funds. State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $13,490,604 $13,490,604 $13,490,604 Patient Payments from Third Party Insurers per 31-2-2 and Patients ($13,490,604) ($13,490,604) ($13,490,604) TOTAL PUBLIC FUNDS $0 $0 $0 Changes in the Size of the Program 193.6 Increase Grants to Counties funding to SFY 2005 levels Temporary Assistance for Needy Families Block Grant CFDA 93.558 $3,700,000 193.7 Add funds to support intake activities for non Title IV-E eligible children Temporary Assistance for Needy Families Block Grant CFDA 93.558 $500,000 Child Protective Services Appropriation (HB1026) 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 STATE FUNDS $62,055,408 $62,055,408 $62,055,408 State General Funds $59,986,360 $59,986,360 $59,986,360 Tobacco Settlement Funds $2,069,048 $2,069,048 $2,069,048 TOTAL FEDERAL FUNDS $181,259,903 $181,259,903 $185,459,903 CCDF Mandatory & Matching Funds CFDA93.596 $41,829,844 $41,829,844 $41,829,844 Child Welfare Services - State Grants Title IV-B CFDA93.645 $4,573,265 $4,573,265 $4,573,265 Foster Care Title IV-E CFDA93.658 $18,383,856 $18,383,856 $18,383,856 Medical Assistance Program CFDA93.778 $2,507,000 $2,507,000 $2,507,000 Social Services Block Grant CFDA 93.667 $8,618,743 $8,618,743 $8,618,743 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $34,563,029 $34,563,029 $34,563,029 Temporary Assistance for Needy Families $70,784,166 $70,784,166 $74,984,166 Temporary Assistance for Needy Families Block Grant CFDA $50,669,658 $50,669,658 $54,869,658 93.558 TANF Transfers to Social Services Block Grant $20,114,508 $20,114,508 $20,114,508 TOTAL PUBLIC FUNDS $243,315,311 $243,315,311 $247,515,311 194. Child Support Establishment Collection and Appropriation (HB85) The purpose is to enforce parental responsibility by paying financial support. TOTAL STATE FUNDS $15,508,672 $15,508,672 $15,508,672 1070 JOURNAL OF THE HOUSE State General Funds $15,508,672 $15,508,672 $15,508,672 TOTAL FEDERAL FUNDS $52,008,171 $52,008,171 $52,008,171 Child Support Enforcement Research CFDA93.564 $8,760,828 $8,760,828 $8,760,828 Child Support Enforcement Title IV-D CFDA93.563 $42,853,048 $42,853,048 $42,853,048 Grants to States for Access & Visitation Programs CFDA93.597 $274,295 $274,295 $274,295 Social Services Block Grant CFDA 93.667 $120,000 $120,000 $120,000 TOTAL AGENCY FUNDS $300,000 $300,000 $300,000 Sales and Services $300,000 $300,000 $300,000 Sales and Services Not Itemized $300,000 $300,000 $300,000 TOTAL PUBLIC FUNDS $67,816,843 $67,816,843 $67,816,843 Child Support Establishment Collection and Enforcement Appropriation (HB1026) The purpose is to enforce parental responsibility by paying financial support. TOTAL STATE FUNDS $15,508,672 $15,508,672 $15,508,672 State General Funds $15,508,672 $15,508,672 $15,508,672 TOTAL FEDERAL FUNDS $52,008,171 $52,008,171 $52,008,171 Child Support Enforcement Research CFDA93.564 $8,760,828 $8,760,828 $8,760,828 Child Support Enforcement Title IV-D CFDA93.563 $42,853,048 $42,853,048 $42,853,048 Grants to States for Access & Visitation Programs CFDA93.597 $274,295 $274,295 $274,295 Social Services Block Grant CFDA 93.667 $120,000 $120,000 $120,000 TOTAL AGENCY FUNDS $300,000 $300,000 $300,000 Sales and Services $300,000 $300,000 $300,000 Sales and Services Not Itemized $300,000 $300,000 $300,000 TOTAL PUBLIC FUNDS $67,816,843 $67,816,843 $67,816,843 195. Children with Special Needs Appropriation (HB85) The purpose is to promote the optimal functioning of infants and toddlers with developmental delays or disabilities. TOTAL STATE FUNDS $21,243,613 $21,243,613 $21,243,613 State General Funds $21,243,613 $21,243,613 $21,243,613 TOTAL FEDERAL FUNDS $10,079,911 $10,079,911 $10,079,911 Maternal & Child Health Services Block Grant CFDA93.994 $7,292,025 $7,292,025 $7,292,025 Medical Assistance Program CFDA93.778 $19,308 $19,308 $19,308 THURSDAY, FEBRUARY 16, 2006 1071 Preventive Health & Health Services Block Grant CFDA93.991 $54,180 $54,180 $54,180 Special Ed-Infants & Families with Disabilities CFDA84.181 $2,714,398 $2,714,398 $2,714,398 TOTAL PUBLIC FUNDS $31,323,524 $31,323,524 $31,323,524 Statewide Changes 195.1 WC, GTA, and GBA State General Funds $27,557 $27,557 $27,557 Changes in How the Program is Funded 195.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Special Ed-Infants & Families with Disabilities CFDA84.181 $637,019 Children with Special Needs Appropriation (HB1026) The purpose is to promote the optimal functioning of infants and toddlers with developmental delays or disabilities. TOTAL STATE FUNDS $21,271,170 $21,271,170 $21,271,170 State General Funds $21,271,170 $21,271,170 $21,271,170 TOTAL FEDERAL FUNDS $10,079,911 $10,079,911 $10,716,930 Maternal & Child Health Services Block Grant CFDA93.994 $7,292,025 $7,292,025 $7,292,025 Medical Assistance Program CFDA93.778 $19,308 $19,308 $19,308 Preventive Health & Health Services Block Grant CFDA93.991 $54,180 $54,180 $54,180 Special Ed-Infants & Families with Disabilities CFDA84.181 $2,714,398 $2,714,398 $3,351,417 TOTAL PUBLIC FUNDS $31,351,081 $31,351,081 $31,988,100 196. Chronic Disease Reduction - Health Promotion Appropriation (HB85) The purpose is to provide education and health promotion related to chronic diseases. TOTAL STATE FUNDS $1,694,590 $1,694,590 $1,694,590 State General Funds $353,946 $353,946 $353,946 Tobacco Settlement Funds $1,340,644 $1,340,644 $1,340,644 TOTAL PUBLIC FUNDS $1,694,590 $1,694,590 $1,694,590 Statewide Changes 196.1 WC, GTA, and GBA State General Funds $103,589 $103,589 $103,589 Chronic Disease Reduction - Health Promotion Appropriation (HB1026) 1072 JOURNAL OF THE HOUSE The purpose is to provide education and health promotion related to chronic diseases. TOTAL STATE FUNDS $1,798,179 State General Funds $457,535 Tobacco Settlement Funds $1,340,644 TOTAL PUBLIC FUNDS $1,798,179 $1,798,179 $457,535 $1,340,644 $1,798,179 $1,798,179 $457,535 $1,340,644 $1,798,179 197. Chronic Disease Treatment and Control Appropriation (HB85) The purpose is to reduce the morbidity and mortality of cancer among low-income uninsured or underinsured Georgians. TOTAL STATE FUNDS $8,112,612 $8,112,612 $8,112,612 State General Funds $4,565,157 $4,565,157 $4,565,157 Tobacco Settlement Funds $3,547,455 $3,547,455 $3,547,455 TOTAL FEDERAL FUNDS $1,210,877 $1,210,877 $1,210,877 Preventive Health & Health Services Block Grant CFDA93.991 $1,210,877 $1,210,877 $1,210,877 TOTAL PUBLIC FUNDS $9,323,489 $9,323,489 $9,323,489 One-Time Expense 197.1 Provide funding for Hemophilia of Georgia to purchase factor concentrate for uninsured Georgians with hemophilia. State General Funds $438,416 Chronic Disease Treatment and Control Appropriation (HB1026) The purpose is to reduce the morbidity and mortality of cancer among low-income uninsured or underinsured Georgians. TOTAL STATE FUNDS $8,112,612 $8,112,612 $8,551,028 State General Funds $4,565,157 $4,565,157 $5,003,573 Tobacco Settlement Funds $3,547,455 $3,547,455 $3,547,455 TOTAL FEDERAL FUNDS $1,210,877 $1,210,877 $1,210,877 Preventive Health & Health Services Block Grant CFDA93.991 $1,210,877 $1,210,877 $1,210,877 TOTAL PUBLIC FUNDS $9,323,489 $9,323,489 $9,761,905 198. Community Care Services Program Appropriation (HB85) The purpose is to provide Georgians who need nursing home level of care the option of remaining in their own communities. TOTAL STATE FUNDS $50,458,653 $50,458,653 $50,458,653 State General Funds $46,266,847 $46,266,847 $46,266,847 THURSDAY, FEBRUARY 16, 2006 1073 Tobacco Settlement Funds $4,191,806 $4,191,806 $4,191,806 TOTAL FEDERAL FUNDS $9,894,353 $9,894,353 $9,894,353 Medical Assistance Program CFDA93.778 $9,894,353 $9,894,353 $9,894,353 TOTAL PUBLIC FUNDS $60,353,006 $60,353,006 $60,353,006 Community Care Services Program Appropriation (HB1026) The purpose is to provide Georgians who need nursing home level of care the option of remaining in their own communities. TOTAL STATE FUNDS $50,458,653 $50,458,653 $50,458,653 State General Funds $46,266,847 $46,266,847 $46,266,847 Tobacco Settlement Funds $4,191,806 $4,191,806 $4,191,806 TOTAL FEDERAL FUNDS $9,894,353 $9,894,353 $9,894,353 Medical Assistance Program CFDA93.778 $9,894,353 $9,894,353 $9,894,353 TOTAL PUBLIC FUNDS $60,353,006 $60,353,006 $60,353,006 199. Community Services - Adult Appropriation (HB85) 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 STATE FUNDS $317,453,030 $317,453,030 $317,453,030 State General Funds $307,197,892 $307,197,892 $307,197,892 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $112,804,851 $112,804,851 $112,804,851 Community Mental Health Services Block Grant CFDA93.958 $7,474,598 $7,474,598 $7,474,598 Medical Assistance Program CFDA93.778 $17,873,979 $17,873,979 $17,873,979 Prevention & Treatment of Substance Abuse Block Grant $26,315,435 $26,315,435 $26,315,435 CFDA93.959 Social Services Block Grant CFDA 93.667 $30,636,459 $30,636,459 $30,636,459 Temporary Assistance for Needy Families $30,504,380 $30,504,380 $30,504,380 Temporary Assistance for Needy Families Block Grant CFDA $27,016,392 $27,016,392 $27,016,392 93.558 TANF Transfers to Social Services Block Grant $3,487,988 $3,487,988 $3,487,988 TOTAL PUBLIC FUNDS $430,257,881 $430,257,881 $430,257,881 1074 JOURNAL OF THE HOUSE Statewide Changes 199.1 WC, GTA, and GBA State General Funds $467,193 $467,193 $467,193 Changes in Operations / Administration 199.2 Transfer funds to the Department of Community Health Low Income Medicaid program to implement Georgia Healthy Families which serves Medicaid clients who receive mental health services. State General Funds ($2,025,041) ($2,025,041) ($2,025,041) 199.4 Reflect savings from a delayed start date for MR/DD provider rate increases. State General Funds ($222,213) ($222,213) Medical Assistance Program CFDA93.778 ($184,553) ($184,553) TOTAL PUBLIC FUNDS ($406,766) ($406,766) Changes in the Size of the Program 199.3 Adjust funding for 925 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting List added in the FY2006 General budget to account for an earlier implementation date. State General Funds $2,720,005 $2,720,005 $2,720,005 Medical Assistance Program CFDA93.778 $4,158,695 $4,158,695 $4,158,695 TOTAL PUBLIC FUNDS $6,878,700 $6,878,700 $6,878,700 199.5 Transfer to the Community Services- Child and Adolescent program to serve children. TANF Transfers to Social Services Block Grant ($3,487,988) Community Services - Adult Appropriation (HB1026) 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 STATE FUNDS $318,615,187 $318,392,974 $318,392,974 State General Funds $308,360,049 $308,137,836 $308,137,836 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $116,963,546 $116,778,993 $113,291,005 Community Mental Health Services Block Grant CFDA93.958 $7,474,598 $7,474,598 $7,474,598 Medical Assistance Program CFDA93.778 $22,032,674 $21,848,121 $21,848,121 Prevention & Treatment of Substance Abuse Block Grant $26,315,435 $26,315,435 $26,315,435 CFDA93.959 Social Services Block Grant CFDA 93.667 $30,636,459 $30,636,459 $30,636,459 THURSDAY, FEBRUARY 16, 2006 1075 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Block Grant CFDA 93.558 TANF Transfers to Social Services Block Grant TOTAL PUBLIC FUNDS $30,504,380 $27,016,392 $30,504,380 $27,016,392 $27,016,392 $27,016,392 $3,487,988 $435,578,733 $3,487,988 $435,171,967 $431,683,979 200. Community Services - Child and Adolescent Appropriation (HB85) 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 STATE FUNDS $78,712,046 $78,712,046 $78,712,046 State General Funds $78,712,046 $78,712,046 $78,712,046 TOTAL FEDERAL FUNDS $22,950,333 $22,950,333 $22,950,333 Community Mental Health Services Block Grant CFDA93.958 $5,365,824 $5,365,824 $5,365,824 Medical Assistance Program CFDA93.778 $3,131,597 $3,131,597 $3,131,597 Prevention & Treatment of Substance Abuse Block Grant $14,452,912 $14,452,912 $14,452,912 CFDA93.959 TOTAL PUBLIC FUNDS $101,662,379 $101,662,379 $101,662,379 Statewide Changes 200.1 WC, GTA, and GBA State General Funds $119,707 $119,707 $119,707 Changes in Operations / Administration 200.3 Reflect savings from a delayed start date for MR/DD provider rate increases. State General Funds ($45,513) ($45,513) Medical Assistance Program CFDA93.778 ($7,713) ($7,713) TOTAL PUBLIC FUNDS ($53,226) ($53,226) Changes in How the Program is Funded 200.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. CMS Research, Demonstrations & Evaluations CFDA93.779 $72,470 Safe and Drug-free Schools and Communities CFDA84.186 $2,395,855 1076 JOURNAL OF THE HOUSE Substance Abuse and Mental Health Services, Projects of Regional $18,131 and National Significance TOTAL PUBLIC FUNDS $2,486,456 Changes in the Size of the Program 200.2 Adjust funding for 925 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting List added in the FY2006 General budget to account for an earlier implementation date. State General Funds $564,592 $564,592 $564,592 Medical Assistance Program CFDA93.778 $859,531 $859,531 $859,531 TOTAL PUBLIC FUNDS $1,424,123 $1,424,123 $1,424,123 200.5 Transfer from Community Services-Adult to serve children in community settings. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $3,487,988 Community Services - Child and Adolescent Appropriation (HB1026) 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 STATE FUNDS $79,396,345 $79,350,832 $79,350,832 State General Funds $79,396,345 $79,350,832 $79,350,832 TOTAL FEDERAL FUNDS $23,809,864 $23,802,151 $29,776,595 CMS Research, Demonstrations & Evaluations CFDA93.779 $72,470 Community Mental Health Services Block Grant CFDA93.958 $5,365,824 $5,365,824 $5,365,824 Medical Assistance Program CFDA93.778 $3,991,128 $3,983,415 $3,983,415 Prevention & Treatment of Substance Abuse Block Grant $14,452,912 $14,452,912 $14,452,912 CFDA93.959 Safe and Drug-free Schools and Communities CFDA84.186 $2,395,855 Substance Abuse and Mental Health Services, Projects of $18,131 Regional and National Significance Temporary Assistance for Needy Families $3,487,988 Temporary Assistance for Needy Families Block Grant CFDA $3,487,988 93.558 TOTAL PUBLIC FUNDS $103,206,209 $103,152,983 $109,127,427 THURSDAY, FEBRUARY 16, 2006 1077 201. Contracted Client Transportation Services Appropriation (HB85) The purpose is to provide essential transportation services in a safe, efficient and responsive manner. TOTAL STATE FUNDS $4,172,324 $4,172,324 $4,172,324 State General Funds $4,172,324 $4,172,324 $4,172,324 TOTAL FEDERAL FUNDS $24,898,482 $24,898,482 $24,898,482 Aging Supportive Services & Senior Centers CFDA93.044 $6,013,921 $6,013,921 $6,013,921 Social Services Block Grant CFDA 93.667 $9,687,026 $9,687,026 $9,687,026 Special Programs for the Aging Nutrition Services CFDA 93.045 $730,322 $730,322 $730,322 Temporary Assistance for Needy Families $8,467,213 $8,467,213 $8,467,213 Temporary Assistance for Needy Families Block Grant CFDA $8,467,213 $8,467,213 $8,467,213 93.558 TOTAL PUBLIC FUNDS $29,070,806 $29,070,806 $29,070,806 Changes in How the Program is Funded 201.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Sales and Services Not Itemized $3,264,236 Contracted Client Transportation Services Appropriation (HB1026) The purpose is to provide essential transportation services in a safe, efficient and responsive manner. TOTAL STATE FUNDS $4,172,324 $4,172,324 $4,172,324 State General Funds $4,172,324 $4,172,324 $4,172,324 TOTAL FEDERAL FUNDS $24,898,482 $24,898,482 $24,898,482 Aging Supportive Services & Senior Centers CFDA93.044 $6,013,921 $6,013,921 $6,013,921 Social Services Block Grant CFDA 93.667 $9,687,026 $9,687,026 $9,687,026 Special Programs for the Aging Nutrition Services CFDA 93.045 $730,322 $730,322 $730,322 Temporary Assistance for Needy Families $8,467,213 $8,467,213 $8,467,213 Temporary Assistance for Needy Families Block Grant CFDA $8,467,213 $8,467,213 $8,467,213 93.558 TOTAL AGENCY FUNDS $3,264,236 Sales and Services $3,264,236 Sales and Services Not Itemized $3,264,236 TOTAL PUBLIC FUNDS $29,070,806 $29,070,806 $32,335,042 1078 JOURNAL OF THE HOUSE 202. Departmental Administration Appropriation (HB85) The purpose is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS $84,985,533 $84,985,533 $84,985,533 State General Funds $84,654,193 $84,654,193 $84,654,193 Tobacco Settlement Funds $331,340 $331,340 $331,340 TOTAL FEDERAL FUNDS $78,206,511 $78,206,511 $78,206,511 Low-Income Home Energy Assistance CFDA93.568 $346,557 $346,557 $346,557 Medical Assistance Program CFDA93.778 $67,960,097 $67,960,097 $67,960,097 Preventive Health & Health Services Block Grant CFDA93.991 $31,070 $31,070 $31,070 Social Services Block Grant CFDA 93.667 $265,446 $265,446 $265,446 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $2 $2 $2 Temporary Assistance for Needy Families $9,603,339 $9,603,339 $9,603,339 Temporary Assistance for Needy Families Block Grant CFDA $9,603,339 $9,603,339 $9,603,339 93.558 TOTAL AGENCY FUNDS $5,872,044 $5,872,044 $5,872,044 Sales and Services $5,872,044 $5,872,044 $5,872,044 Sales and Services Not Itemized $5,872,044 $5,872,044 $5,872,044 TOTAL PUBLIC FUNDS $169,064,088 $169,064,088 $169,064,088 Statewide Changes 202.1 WC, GTA, and GBA State General Funds $1,083,150 $1,083,150 $1,083,150 Foster Care Title IV-E CFDA93.658 $250,000 $250,000 $250,000 Medical Assistance Program CFDA93.778 $259,500 $259,500 $259,500 TOTAL PUBLIC FUNDS $1,592,650 $1,592,650 $1,592,650 Changes in Operations / Administration 202.2 Transfer from the Adult Protective Services program to provide for appropriate segregation of duties for guardianship activities. State General Funds $250,000 $250,000 $250,000 One-Time Expense 202.3 Provide funding for the implementation of the Statewide Automated Child Welfare Information System. State General Funds $14,000,000 $14,000,000 $14,000,000 THURSDAY, FEBRUARY 16, 2006 1079 Foster Care Title IV-E CFDA93.658 $14,000,000 $14,000,000 $14,000,000 TOTAL PUBLIC FUNDS $28,000,000 $28,000,000 $28,000,000 202.8 Transfer funds to cover deficit in state hospitals. State General Funds ($6,000,000) Changes in How the Program is Funded 202.4 Reclassify agency funds as federal funds. Child Care & Development Block Grant CFDA93.575 $1,567,230 $1,567,230 $1,567,230 Child Support Enforcement Title IV-D CFDA93.563 $135,892 $135,892 $135,892 Foster Care Title IV-E CFDA93.658 $7,722,366 $7,722,366 $7,722,366 Medical Assistance Program CFDA93.778 ($9,340,335) ($9,340,335) ($9,340,335) Refugee & Entrant Assistance Programs CFDA93.566 $1,002 $1,002 $1,002 Social Services Block Grant CFDA 93.667 $2,000 $2,000 $2,000 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $149,286 $149,286 $149,286 Temporary Assistance for Needy Families Block Grant CFDA 93.558 $640,309 $640,309 $0 Sales and Services Not Itemized ($877,750) ($877,750) ($237,441) TOTAL PUBLIC FUNDS $0 $0 $0 202.5 Provide state funds to replace previously contributed county funds for the issuance cost of the Electronic Benefit Transfer card services. State General Funds $2,200,000 $2,200,000 $2,200,000 Medical Assistance Program CFDA93.778 $290,104 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $65,633 $65,633 $65,633 Temporary Assistance for Needy Families Block Grant CFDA 93.558 $290,104 $290,104 Electronic Benefit Transfer County Share $0 $0 $0 TOTAL PUBLIC FUNDS $2,555,737 $2,555,737 $2,555,737 202.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Adoption Opportunities CFDA 93.652 $4,236,423 Child Support Enforcement Title IV-D CFDA93.563 $18,936,876 Family Planning Services CFDA93.217 $97,063 HIV Care Formula Grants CFDA93.917 $1,500 HIV Prevention Activities-Health Department Based CFDA93.94 $72,976 1080 JOURNAL OF THE HOUSE Injury Prevention & Control Research & State & Community Based $8,332 CFDA 93.136 Maternal and Child Health Federal Consolidated Programs $111,262 CFDA93.11 Medical Assistance Program CFDA93.778 ($42,759,465) Medicare - Hospital Insurance CFDA93.773 $170,741 Public Health and Social Services Emergency Fund CFDA93.003 $7,937 Refugee & Entrant Assistance Programs CFDA93.566 $30,362 Research on Healthcare Costs, Quality & Outcomes CFDA93.226 $682,990 Special Programs for the Aging Nutrition Services CFDA 93.045 $824,881 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $18,333,781 State and Community Highway Safety CFDA20.600 $3,500 Survey & Certification of Health Care Providers/Suppliers $28,100 CFDA93.777 Substance Abuse and Mental Health Services, Projects of Regional $7,064 and National Significance Supplemental Nutrition -Women Infants & Children CFDA10.557 $358,650 TOTAL PUBLIC FUNDS $1,152,973 Changes in the Size of the Program 202.7 Adjust administration of the TANF program to SFY 2005 levels. Social Services Block Grant CFDA 93.667 ($265,446) Temporary Assistance for Needy Families Block Grant CFDA 93.558 $3,600,000 TOTAL PUBLIC FUNDS $3,334,554 Departmental Administration Appropriation (HB1026) The purpose is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS $102,518,683 $102,518,683 $96,518,683 State General Funds $102,187,343 $102,187,343 $96,187,343 Tobacco Settlement Funds $331,340 $331,340 $331,340 TOTAL FEDERAL FUNDS $93,949,498 $93,949,498 $97,796,716 Adoption Opportunities CFDA 93.652 $4,236,423 Child Care & Development Block Grant CFDA93.575 $1,567,230 $1,567,230 $1,567,230 THURSDAY, FEBRUARY 16, 2006 Child Support Enforcement Title IV-D CFDA93.563 Family Planning Services CFDA93.217 Foster Care Title IV-E CFDA93.658 HIV Care Formula Grants CFDA93.917 HIV Prevention Activities-Health Department Based CFDA93.94 Injury Prevention & Control Research & State & Community Based CFDA 93.136 Low-Income Home Energy Assistance CFDA93.568 Maternal and Child Health Federal Consolidated Programs CFDA93.11 Medical Assistance Program CFDA93.778 Medicare - Hospital Insurance CFDA93.773 Preventive Health & Health Services Block Grant CFDA93.991 Public Health and Social Services Emergency Fund CFDA93.003 Refugee & Entrant Assistance Programs CFDA93.566 Research on Healthcare Costs, Quality & Outcomes CFDA93.226 Social Services Block Grant CFDA 93.667 Special Programs for the Aging Nutrition Services CFDA 93.045 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 State and Community Highway Safety CFDA20.600 Survey & Certification of Health Care Providers/Suppliers CFDA93.777 Substance Abuse and Mental Health Services, Projects of Regional and National Significance Supplemental Nutrition -Women Infants & Children CFDA10.557 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Block Grant CFDA 93.558 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized $135,892 $21,972,366 $346,557 $58,879,262 $31,070 $1,002 $267,446 $214,921 $10,533,752 $10,533,752 $4,994,294 $4,994,294 $4,994,294 $135,892 $21,972,366 $346,557 $58,879,262 $31,070 $1,002 $267,446 $214,921 $10,533,752 $10,533,752 $4,994,294 $4,994,294 $4,994,294 $19,072,768 $97,063 $21,972,366 $1,500 $72,976 $8,332 $346,557 $111,262 $16,409,901 $170,741 $31,070 $7,937 $31,364 $682,990 $2,000 $824,881 $18,548,702 $3,500 $28,100 $7,064 $358,650 $13,203,339 $13,203,339 $5,634,603 $5,634,603 $5,634,603 1081 1082 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $201,462,475 $201,462,475 $199,950,002 203. Elder Abuse and Fraud Prevention Appropriation (HB85) 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 STATE FUNDS $4,744 $4,744 $4,744 State General Funds $4,744 $4,744 $4,744 TOTAL FEDERAL FUNDS $95,389 $95,389 $95,389 Prevention of Elder Abuse, Neglect, & Exploitation CFDA93.041 $95,389 $95,389 $95,389 TOTAL PUBLIC FUNDS $100,133 $100,133 $100,133 Elder Abuse and Fraud Prevention Appropriation (HB1026) 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 STATE FUNDS $4,744 $4,744 $4,744 State General Funds $4,744 $4,744 $4,744 TOTAL FEDERAL FUNDS $95,389 $95,389 $95,389 Prevention of Elder Abuse, Neglect, & Exploitation CFDA93.041 $95,389 $95,389 $95,389 TOTAL PUBLIC FUNDS $100,133 $100,133 $100,133 204. Emergency Preparedness/Bioterrorism Appropriation (HB85) The purpose is to prevent, detect, investigate, and respond to bioterrorism, terrorism, and other public health emergencies. TOTAL STATE FUNDS $2,566,602 $2,566,602 $2,566,602 State General Funds $2,566,602 $2,566,602 $2,566,602 TOTAL PUBLIC FUNDS $2,566,602 $2,566,602 $2,566,602 Statewide Changes 204.1 WC, GTA, and GBA State General Funds $4,693 $4,693 $4,693 Changes in How the Program is Funded 204.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. CDC-Investigations & Technical Assistance CFDA93.283 $22,417,605 THURSDAY, FEBRUARY 16, 2006 1083 Public Health and Social Services Emergency Fund CFDA93.003 $8,361,899 TOTAL PUBLIC FUNDS $30,779,504 Emergency Preparedness/Bioterrorism Appropriation (HB1026) The purpose is to prevent, detect, investigate, and respond to bioterrorism, terrorism, and other public health emergencies. TOTAL STATE FUNDS $2,571,295 $2,571,295 $2,571,295 State General Funds $2,571,295 $2,571,295 $2,571,295 TOTAL FEDERAL FUNDS $30,779,504 CDC-Investigations & Technical Assistance CFDA93.283 $22,417,605 Public Health and Social Services Emergency Fund CFDA93.003 $8,361,899 TOTAL PUBLIC FUNDS $2,571,295 $2,571,295 $33,350,799 205. Energy Assistance Appropriation (HB85) The purpose is to assist low-income households in meeting their immediate home energy needs. TOTAL STATE FUNDS $747,816 $747,816 $747,816 State General Funds $747,816 $747,816 $747,816 TOTAL FEDERAL FUNDS $18,583,415 $18,583,415 $18,583,415 Low-Income Home Energy Assistance CFDA93.568 $18,583,415 $18,583,415 $18,583,415 TOTAL AGENCY FUNDS $40,269 $40,269 $40,269 Sales and Services $40,269 $40,269 $40,269 Patient Payments from Third Party Insurers per 31-2-2 and $40,269 $40,269 $40,269 Patients TOTAL PUBLIC FUNDS $19,371,500 $19,371,500 $19,371,500 Changes in How the Program is Funded 205.1 Supplant Medicaid Patient Pay Agency funds with federal funds. Low-Income Home Energy Assistance CFDA93.568 $40,269 $40,269 $40,269 Patient Payments from Third Party Insurers per 31-2-2 and Patients ($40,269) ($40,269) ($40,269) TOTAL PUBLIC FUNDS $0 $0 $0 Changes in the Size of the Program 205.2 Provide funds for energy assistance. State General Funds $4,150,000 $4,150,000 $4,150,000 1084 JOURNAL OF THE HOUSE Energy Assistance Appropriation (HB1026) The purpose is to assist low-income households in meeting their immediate home energy needs. TOTAL STATE FUNDS $4,897,816 $4,897,816 $4,897,816 State General Funds $4,897,816 $4,897,816 $4,897,816 TOTAL FEDERAL FUNDS $18,623,684 $18,623,684 $18,623,684 Low-Income Home Energy Assistance CFDA93.568 $18,623,684 $18,623,684 $18,623,684 TOTAL PUBLIC FUNDS $23,521,500 $23,521,500 $23,521,500 206. Epidemiology Appropriation (HB85) The purpose is to monitor, investigate, and describe the burden of disease, injury, and other events of public health concern in Georgia. TOTAL STATE FUNDS $4,705,651 $4,705,651 $4,705,651 State General Funds $4,590,014 $4,590,014 $4,590,014 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $372,341 $372,341 $372,341 Medical Assistance Program CFDA93.778 $159,960 $159,960 $159,960 Preventive Health & Health Services Block Grant CFDA93.991 $196,750 $196,750 $196,750 Supplemental Nutrition -Women Infants & Children CFDA10.557 $15,631 $15,631 $15,631 TOTAL PUBLIC FUNDS $5,077,992 $5,077,992 $5,077,992 Statewide Changes 206.1 WC, GTA, and GBA State General Funds $2,596 $2,596 $2,596 Changes in How the Program is Funded 206.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. CDC-Investigations & Technical Assistance CFDA93.283 $2,026,395 Injury Prevention & Control Research & State & Community Based $55,515 CFDA 93.136 Maternal and Child Health Federal Consolidated Programs $73,808 CFDA93.11 Supplemental Nutrition -Women Infants & Children CFDA10.557 ($15,631) THURSDAY, FEBRUARY 16, 2006 1085 TOTAL PUBLIC FUNDS $2,140,087 Epidemiology Appropriation (HB1026) The purpose is to monitor, investigate, and describe the burden of disease, injury, and other events of public health concern in Georgia. TOTAL STATE FUNDS $4,708,247 $4,708,247 $4,708,247 State General Funds $4,592,610 $4,592,610 $4,592,610 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $372,341 $372,341 $2,512,428 CDC-Investigations & Technical Assistance CFDA93.283 $2,026,395 Injury Prevention & Control Research & State & Community $55,515 Based CFDA 93.136 Maternal and Child Health Federal Consolidated Programs $73,808 CFDA93.11 Medical Assistance Program CFDA93.778 $159,960 $159,960 $159,960 Preventive Health & Health Services Block Grant CFDA93.991 $196,750 $196,750 $196,750 Supplemental Nutrition -Women Infants & Children CFDA10.557 $15,631 $15,631 TOTAL PUBLIC FUNDS $5,080,588 $5,080,588 $7,220,675 207. Family Connection Appropriation (HB85) The purpose is to provide a statewide network of county collaboratives that work to improve conditions for children and families. TOTAL STATE FUNDS $9,130,281 $9,130,281 $9,130,281 State General Funds $9,130,281 $9,130,281 $9,130,281 TOTAL FEDERAL FUNDS $1,475,000 $1,475,000 $1,475,000 Medical Assistance Program CFDA93.778 $275,000 $275,000 $275,000 Temporary Assistance for Needy Families $1,200,000 $1,200,000 $1,200,000 Temporary Assistance for Needy Families Block Grant CFDA $1,200,000 $1,200,000 $1,200,000 93.558 TOTAL PUBLIC FUNDS $10,605,281 $10,605,281 $10,605,281 1086 JOURNAL OF THE HOUSE Family Connection Appropriation (HB1026) The purpose is to provide a statewide network of county collaboratives that work to improve conditions for children and families. TOTAL STATE FUNDS $9,130,281 $9,130,281 $9,130,281 State General Funds $9,130,281 $9,130,281 $9,130,281 TOTAL FEDERAL FUNDS $1,475,000 $1,475,000 $1,475,000 Medical Assistance Program CFDA93.778 $275,000 $275,000 $275,000 Temporary Assistance for Needy Families $1,200,000 $1,200,000 $1,200,000 Temporary Assistance for Needy Families Block Grant CFDA $1,200,000 $1,200,000 $1,200,000 93.558 TOTAL PUBLIC FUNDS $10,605,281 $10,605,281 $10,605,281 208. Family Violence Services Appropriation (HB85) The purpose is to provide safe shelter and related services for victims of family violence and their dependents. TOTAL STATE FUNDS $4,701,950 $4,701,950 $4,701,950 State General Funds $4,701,950 $4,701,950 $4,701,950 TOTAL FEDERAL FUNDS $3,845,813 $3,845,813 $3,845,813 Child Welfare Services - State Grants Title IV-B CFDA93.645 $122 $122 $122 Foster Care Title IV-E CFDA93.658 $280,447 $280,447 $280,447 Temporary Assistance for Needy Families $3,565,244 $3,565,244 $3,565,244 Temporary Assistance for Needy Families Block Grant CFDA $3,565,244 $3,565,244 $3,565,244 93.558 TOTAL AGENCY FUNDS $3,617 $3,617 $3,617 Sales and Services $3,617 $3,617 $3,617 Patient Payments from Third Party Insurers per 31-2-2 and $3,617 $3,617 $3,617 Patients TOTAL PUBLIC FUNDS $8,551,380 $8,551,380 $8,551,380 Changes in Operations / Administration 208.2 Add funds to bring up to SFY 2005 cost levels. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $1,500,000 Changes in How the Program is Funded THURSDAY, FEBRUARY 16, 2006 208.1 Supplant Medicaid Patient Pay Agency funds with federal funds. Child Welfare Services - State Grants Title IV-B CFDA93.645 ($122) ($122) ($122) Family Violence Prevention-Battered Women's Shelters CFDA93.671 $284,186 $284,186 $284,186 Foster Care Title IV-E CFDA93.658 ($280,447) ($280,447) ($280,447) Patient Payments from Third Party Insurers per 31-2-2 and Patients ($3,617) ($3,617) ($3,617) TOTAL PUBLIC FUNDS $0 $0 $0 Family Violence Services Appropriation (HB1026) The purpose is to provide safe shelter and related services for victims of family violence and their dependents. TOTAL STATE FUNDS $4,701,950 $4,701,950 $4,701,950 State General Funds $4,701,950 $4,701,950 $4,701,950 TOTAL FEDERAL FUNDS $3,849,430 $3,849,430 $5,349,430 Family Violence Prevention-Battered Women's Shelters $284,186 $284,186 $284,186 CFDA93.671 Temporary Assistance for Needy Families $3,565,244 $3,565,244 $5,065,244 Temporary Assistance for Needy Families Block Grant CFDA $3,565,244 $3,565,244 $5,065,244 93.558 TOTAL PUBLIC FUNDS $8,551,380 $8,551,380 $10,051,380 209. Food Stamp Program Appropriation (HB85) The purpose is to promote the nutritional well being of Georgia's low-income families and children. TOTAL STATE FUNDS $23,551,409 $23,551,409 $23,551,409 State General Funds $23,551,409 $23,551,409 $23,551,409 TOTAL FEDERAL FUNDS $27,568,389 $27,568,389 $27,568,389 Foster Care Title IV-E CFDA93.658 $1,904,941 $1,904,941 $1,904,941 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $25,663,448 $25,663,448 $25,663,448 TOTAL AGENCY FUNDS $2,125,153 $2,125,153 $2,125,153 Sales and Services $2,125,153 $2,125,153 $2,125,153 Patient Payments from Third Party Insurers per 31-2-2 and $2,125,153 $2,125,153 $2,125,153 Patients TOTAL PUBLIC FUNDS $53,244,951 $53,244,951 $53,244,951 1087 1088 JOURNAL OF THE HOUSE Changes in Operations / Administration 209.1 Transfer federal funds from the Support for Needy Families - Administration and Family Assistance program to reflect direct client services. State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $8,501,040 $8,501,040 $8,501,040 One-Time Expense 209.2 Provide funds to replace outdated information technology equipment. State General Funds $112,050 $112,050 $112,050 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $101,250 $101,250 $101,250 TOTAL PUBLIC FUNDS $213,300 $213,300 $213,300 Changes in How the Program is Funded 209.3 Supplant Medicaid Patient Pay Agency funds with federal funds. State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $2,125,153 $2,125,153 $2,125,153 Patient Payments from Third Party Insurers per 31-2-2 and Patients ($2,125,153) ($2,125,153) ($2,125,153) TOTAL PUBLIC FUNDS $0 $0 $0 Food Stamp Program Appropriation (HB1026) The purpose is to promote the nutritional well being of Georgia's low-income families and children. TOTAL STATE FUNDS $23,663,459 $23,663,459 $23,663,459 State General Funds $23,663,459 $23,663,459 $23,663,459 TOTAL FEDERAL FUNDS $38,295,832 $38,295,832 $38,295,832 Foster Care Title IV-E CFDA93.658 $1,904,941 $1,904,941 $1,904,941 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $36,390,891 $36,390,891 $36,390,891 TOTAL PUBLIC FUNDS $61,959,291 $61,959,291 $61,959,291 210. Health Promotion and Disease Prevention (Wellness) Appropriation (HB85) The purpose is to improve or maintain the functional ability and health status of elderly Georgians. TOTAL FEDERAL FUNDS $480,015 $480,015 $480,015 Aging Supportive Services & Senior Centers CFDA93.044 $480,015 $480,015 $480,015 TOTAL PUBLIC FUNDS $480,015 $480,015 $480,015 Health Promotion and Disease Prevention (Wellness) Appropriation (HB1026) The purpose is to improve or maintain the functional ability and health status of elderly Georgians. TOTAL FEDERAL FUNDS $480,015 $480,015 $480,015 THURSDAY, FEBRUARY 16, 2006 1089 Aging Supportive Services & Senior Centers CFDA93.044 TOTAL PUBLIC FUNDS $480,015 $480,015 $480,015 $480,015 $480,015 $480,015 211. High Risk Pregnant Women and Infants Appropriation (HB85) The purpose is to ensure that low income pregnant women receive comprehensive, quality, prenatal services as early as possible in their pregnancy. TOTAL STATE FUNDS $5,000,049 $5,000,049 $5,000,049 State General Funds $5,000,049 $5,000,049 $5,000,049 TOTAL FEDERAL FUNDS $130,000 $130,000 $130,000 Maternal & Child Health Services Block Grant CFDA93.994 $130,000 $130,000 $130,000 TOTAL PUBLIC FUNDS $5,130,049 $5,130,049 $5,130,049 High Risk Pregnant Women and Infants Appropriation (HB1026) The purpose is to ensure that low income pregnant women receive comprehensive, quality, prenatal services as early as possible in their pregnancy. TOTAL STATE FUNDS $5,000,049 $5,000,049 $5,000,049 State General Funds $5,000,049 $5,000,049 $5,000,049 TOTAL FEDERAL FUNDS $130,000 $130,000 $130,000 Maternal & Child Health Services Block Grant CFDA93.994 $130,000 $130,000 $130,000 TOTAL PUBLIC FUNDS $5,130,049 $5,130,049 $5,130,049 212. HIV/AIDS Appropriation (HB85) The purpose is to provide treatment that addresses the unmet needs of Georgians with HIV disease. TOTAL STATE FUNDS $18,002,128 $18,002,128 $18,002,128 State General Funds $16,775,461 $16,775,461 $16,775,461 Tobacco Settlement Funds $1,226,667 $1,226,667 $1,226,667 TOTAL FEDERAL FUNDS $6,879,211 $6,879,211 $6,879,211 HIV Care Formula Grants CFDA93.917 $2,578,954 $2,578,954 $2,578,954 HIV Prevention Activities-Health Department Based CFDA93.94 $3,634,743 $3,634,743 $3,634,743 HIV & AIDS Surveillance Programs CFDA93.944 $581,648 $581,648 $581,648 Maternal & Child Health Services Block Grant CFDA93.994 $83,866 $83,866 $83,866 TOTAL PUBLIC FUNDS $24,881,339 $24,881,339 $24,881,339 1090 JOURNAL OF THE HOUSE Changes in How the Program is Funded 212.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. HIV Care Formula Grants CFDA93.917 $29,605,749 HIV Prevention Activities-Health Department Based CFDA93.94 $1,596,166 TOTAL PUBLIC FUNDS $31,201,915 HIV/AIDS Appropriation (HB1026) The purpose is to provide treatment that addresses the unmet needs of Georgians with HIV disease. TOTAL STATE FUNDS $18,002,128 $18,002,128 $18,002,128 State General Funds $16,775,461 $16,775,461 $16,775,461 Tobacco Settlement Funds $1,226,667 $1,226,667 $1,226,667 TOTAL FEDERAL FUNDS $6,879,211 $6,879,211 $38,081,126 HIV Care Formula Grants CFDA93.917 $2,578,954 $2,578,954 $32,184,703 HIV Prevention Activities-Health Department Based CFDA93.94 $3,634,743 $3,634,743 $5,230,909 HIV & AIDS Surveillance Programs CFDA93.944 $581,648 $581,648 $581,648 Maternal & Child Health Services Block Grant CFDA93.994 $83,866 $83,866 $83,866 TOTAL PUBLIC FUNDS $24,881,339 $24,881,339 $56,083,254 213. Home and Community Based Services Appropriation (HB85) The purpose is to support and assist older Georgians so that they may live in their homes and communities. TOTAL STATE FUNDS $23,126,355 $23,126,355 $23,126,355 State General Funds $19,317,769 $19,317,769 $19,317,769 Tobacco Settlement Funds $3,808,586 $3,808,586 $3,808,586 TOTAL FEDERAL FUNDS $29,077,234 $29,077,234 $29,077,234 Aging Supportive Services & Senior Centers CFDA93.044 $20,768,991 $20,768,991 $20,768,991 Senior Community Service Employment Program CFDA 17.235 $1,987,166 $1,987,166 $1,987,166 Social Services Block Grant CFDA 93.667 $3,786,430 $3,786,430 $3,786,430 Special Programs for the Aging Nutrition Services CFDA 93.045 $2,534,647 $2,534,647 $2,534,647 TOTAL PUBLIC FUNDS $52,203,589 $52,203,589 $52,203,589 Changes in How the Program is Funded 213.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds THURSDAY, FEBRUARY 16, 2006 1091 that support current operations. Crime Victim Assistance CFDA16.575 $56,575 Home and Community Based Services Appropriation (HB1026) The purpose is to support and assist older Georgians so that they may live in their homes and communities. TOTAL STATE FUNDS $23,126,355 $23,126,355 $23,126,355 State General Funds $19,317,769 $19,317,769 $19,317,769 Tobacco Settlement Funds $3,808,586 $3,808,586 $3,808,586 TOTAL FEDERAL FUNDS $29,077,234 $29,077,234 $29,133,809 Aging Supportive Services & Senior Centers CFDA93.044 $20,768,991 $20,768,991 $20,768,991 Crime Victim Assistance CFDA16.575 $56,575 Senior Community Service Employment Program CFDA 17.235 $1,987,166 $1,987,166 $1,987,166 Social Services Block Grant CFDA 93.667 $3,786,430 $3,786,430 $3,786,430 Special Programs for the Aging Nutrition Services CFDA 93.045 $2,534,647 $2,534,647 $2,534,647 TOTAL PUBLIC FUNDS $52,203,589 $52,203,589 $52,260,164 214. Immunization Appropriation (HB85) The purpose is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $9,022,926 $9,022,926 $9,022,926 State General Funds $9,022,926 $9,022,926 $9,022,926 TOTAL FEDERAL FUNDS $8,769,874 $8,769,874 $8,769,874 Immunization Grants CFDA93.268 $1,303,416 $1,303,416 $1,303,416 Maternal & Child Health Services Block Grant CFDA93.994 $6,762,746 $6,762,746 $6,762,746 Preventive Health & Health Services Block Grant CFDA93.991 $703,712 $703,712 $703,712 TOTAL PUBLIC FUNDS $17,792,800 $17,792,800 $17,792,800 Statewide Changes 214.1 WC, GTA, and GBA State General Funds $28,989 $28,989 $28,989 Changes in How the Program is Funded 214.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Immunization Grants CFDA93.268 $3,122,161 1092 JOURNAL OF THE HOUSE Immunization Appropriation (HB1026) The purpose is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $9,051,915 $9,051,915 $9,051,915 State General Funds $9,051,915 $9,051,915 $9,051,915 TOTAL FEDERAL FUNDS $8,769,874 $8,769,874 $11,892,035 Immunization Grants CFDA93.268 $1,303,416 $1,303,416 $4,425,577 Maternal & Child Health Services Block Grant CFDA93.994 $6,762,746 $6,762,746 $6,762,746 Preventive Health & Health Services Block Grant CFDA93.991 $703,712 $703,712 $703,712 TOTAL PUBLIC FUNDS $17,821,789 $17,821,789 $20,943,950 215. Independent and Transitional Living Services Appropriation (HB85) The purpose is to provide a systematic approach for transitioning eligible youth in foster care. TOTAL STATE FUNDS $629,235 $629,235 $629,235 State General Funds $629,235 $629,235 $629,235 TOTAL FEDERAL FUNDS $3,675,208 $3,675,208 $3,675,208 Chafee Foster Care Independence Program CFDA93.674 $1,593,827 $1,593,827 $1,593,827 Foster Care Title IV-E CFDA93.658 $2,081,381 $2,081,381 $2,081,381 TOTAL AGENCY FUNDS $160,495 $160,495 $160,495 Sales and Services $160,495 $160,495 $160,495 Patient Payments from Third Party Insurers per 31-2-2 and $160,495 $160,495 $160,495 Patients TOTAL PUBLIC FUNDS $4,464,938 $4,464,938 $4,464,938 Changes in How the Program is Funded 215.1 Supplant Medicaid Patient Pay Agency funds with federal funds. Chafee Foster Care Independence Program CFDA93.674 $160,495 $160,495 $160,495 Patient Payments from Third Party Insurers per 31-2-2 and Patients ($160,495) ($160,495) ($160,495) TOTAL PUBLIC FUNDS $0 $0 $0 Independent and Transitional Living Services Appropriation (HB1026) The purpose is to provide a systematic approach for transitioning eligible youth in foster care. TOTAL STATE FUNDS $629,235 $629,235 $629,235 State General Funds $629,235 $629,235 $629,235 THURSDAY, FEBRUARY 16, 2006 1093 TOTAL FEDERAL FUNDS Chafee Foster Care Independence Program CFDA93.674 Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS $3,835,703 $1,754,322 $2,081,381 $4,464,938 $3,835,703 $1,754,322 $2,081,381 $4,464,938 $3,835,703 $1,754,322 $2,081,381 $4,464,938 216. Infant and Child Health Services Appropriation (HB85) 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 STATE FUNDS $15,069,179 $15,069,179 $15,069,179 State General Funds $13,069,179 $13,069,179 $13,069,179 Tobacco Settlement Funds $2,000,000 $2,000,000 $2,000,000 TOTAL FEDERAL FUNDS $7,378,280 $7,378,280 $7,378,280 Maternal & Child Health Services Block Grant CFDA93.994 $1,370,688 $1,370,688 $1,370,688 Medical Assistance Program CFDA93.778 $5,383,258 $5,383,258 $5,383,258 National School Lunch Program CFDA10.555 $70,688 $70,688 $70,688 Preventive Health & Health Services Block Grant CFDA93.991 $369,396 $369,396 $369,396 Supplemental Nutrition -Women Infants & Children CFDA10.557 $184,250 $184,250 $184,250 TOTAL PUBLIC FUNDS $22,447,459 $22,447,459 $22,447,459 Infant and Child Health Services Appropriation (HB1026) 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 STATE FUNDS $15,069,179 $15,069,179 $15,069,179 State General Funds $13,069,179 $13,069,179 $13,069,179 Tobacco Settlement Funds $2,000,000 $2,000,000 $2,000,000 TOTAL FEDERAL FUNDS $7,378,280 $7,378,280 $7,378,280 Maternal & Child Health Services Block Grant CFDA93.994 $1,370,688 $1,370,688 $1,370,688 Medical Assistance Program CFDA93.778 $5,383,258 $5,383,258 $5,383,258 National School Lunch Program CFDA10.555 $70,688 $70,688 $70,688 Preventive Health & Health Services Block Grant CFDA93.991 $369,396 $369,396 $369,396 Supplemental Nutrition -Women Infants & Children CFDA10.557 $184,250 $184,250 $184,250 TOTAL PUBLIC FUNDS $22,447,459 $22,447,459 $22,447,459 1094 JOURNAL OF THE HOUSE 217. Injury Prevention Appropriation (HB85) 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 STATE FUNDS $277,393 $277,393 $277,393 State General Funds $277,393 $277,393 $277,393 TOTAL FEDERAL FUNDS $112,005 $112,005 $112,005 Preventive Health & Health Services Block Grant CFDA93.991 $112,005 $112,005 $112,005 TOTAL PUBLIC FUNDS $389,398 $389,398 $389,398 Changes in How the Program is Funded 217.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Injury Prevention & Control Research & State & Community Based $237,216 CFDA 93.136 State and Community Highway Safety CFDA20.600 $727,566 TOTAL PUBLIC FUNDS $964,782 Injury Prevention Appropriation (HB1026) 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 STATE FUNDS $277,393 $277,393 $277,393 State General Funds $277,393 $277,393 $277,393 TOTAL FEDERAL FUNDS $112,005 $112,005 $1,076,787 Injury Prevention & Control Research & State & Community $237,216 Based CFDA 93.136 Preventive Health & Health Services Block Grant CFDA93.991 $112,005 $112,005 $112,005 State and Community Highway Safety CFDA20.600 $727,566 TOTAL PUBLIC FUNDS $389,398 $389,398 $1,354,180 218. Laboratory Services Appropriation (HB85) 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 STATE FUNDS $10,179,952 $10,179,952 $10,179,952 THURSDAY, FEBRUARY 16, 2006 1095 State General Funds $10,179,952 $10,179,952 $10,179,952 TOTAL FEDERAL FUNDS $546,104 $546,104 $546,104 Medical Assistance Program CFDA93.778 $546,104 $546,104 $546,104 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $10,876,056 $10,876,056 $10,876,056 Changes in Operations / Administration 218.1 Reduce funding due to the delayed opening of the public health laboratory in Waycross. State General Funds ($685,735) ($685,735) ($685,735) Changes in How the Program is Funded 218.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. CDC-Investigations & Technical Assistance CFDA93.283 $75,438 Laboratory Services Appropriation (HB1026) 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 STATE FUNDS $9,494,217 $9,494,217 $9,494,217 State General Funds $9,494,217 $9,494,217 $9,494,217 TOTAL FEDERAL FUNDS $546,104 $546,104 $621,542 CDC-Investigations & Technical Assistance CFDA93.283 $75,438 Medical Assistance Program CFDA93.778 $546,104 $546,104 $546,104 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $10,190,321 $10,190,321 $10,265,759 219. Medicaid Eligibility Determination Appropriation (HB85) The purpose is to promote access to health care for low income families, children, and pregnant women. TOTAL STATE FUNDS $25,683,414 $25,683,414 $25,683,414 State General Funds $25,683,414 $25,683,414 $25,683,414 1096 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS $22,668,459 $22,668,459 $22,668,459 Medical Assistance Program CFDA93.778 $22,668,459 $22,668,459 $22,668,459 TOTAL AGENCY FUNDS $1,709,341 $1,709,341 $1,709,341 Sales and Services $1,709,341 $1,709,341 $1,709,341 Patient Payments from Third Party Insurers per 31-2-2 and $1,709,341 $1,709,341 $1,709,341 Patients TOTAL PUBLIC FUNDS $50,061,214 $50,061,214 $50,061,214 One-Time Expense 219.1 Provide funds to replace outdated information technology equipment. State General Funds $137,950 $137,950 $137,950 Medical Assistance Program CFDA93.778 $127,150 $127,150 $127,150 TOTAL PUBLIC FUNDS $265,100 $265,100 $265,100 Changes in How the Program is Funded 219.2 Supplant Medicaid Patient Pay Agency funds with federal funds. Medical Assistance Program CFDA93.778 $1,709,341 $1,709,341 $1,709,341 Patient Payments from Third Party Insurers per 31-2-2 and Patients ($1,709,341) ($1,709,341) ($1,709,341) TOTAL PUBLIC FUNDS $0 $0 $0 Medicaid Eligibility Determination Appropriation (HB1026) The purpose is to promote access to health care for low income families, children, and pregnant women. TOTAL STATE FUNDS $25,821,364 $25,821,364 $25,821,364 State General Funds $25,821,364 $25,821,364 $25,821,364 TOTAL FEDERAL FUNDS $24,504,950 $24,504,950 $24,504,950 Medical Assistance Program CFDA93.778 $24,504,950 $24,504,950 $24,504,950 TOTAL PUBLIC FUNDS $50,326,314 $50,326,314 $50,326,314 220. Out of Home Care Appropriation (HB85) The purpose is to provide safe and appropriate temporary substitute homes for children. TOTAL STATE FUNDS $148,321,478 $148,321,478 $148,321,478 State General Funds $148,321,478 $148,321,478 $148,321,478 TOTAL FEDERAL FUNDS $118,203,127 $118,203,127 $118,203,127 Child Welfare Services - State Grants Title IV-B CFDA93.645 $4,561,186 $4,561,186 $4,561,186 THURSDAY, FEBRUARY 16, 2006 1097 Foster Care Title IV-E CFDA93.658 $23,655,642 $23,655,642 $23,655,642 Medical Assistance Program CFDA93.778 $33,493,500 $33,493,500 $33,493,500 Social Services Block Grant CFDA 93.667 $3,600,000 $3,600,000 $3,600,000 Temporary Assistance for Needy Families $52,892,799 $52,892,799 $52,892,799 Temporary Assistance for Needy Families Block Grant CFDA $52,892,799 $52,892,799 $52,892,799 93.558 TOTAL AGENCY FUNDS $32,925,589 $32,925,589 $32,925,589 Sales and Services $32,925,589 $32,925,589 $32,925,589 Patient Payments from Third Party Insurers per 31-2-2 and $32,925,589 $32,925,589 $32,925,589 Patients TOTAL PUBLIC FUNDS $299,450,194 $299,450,194 $299,450,194 Changes in Operations / Administration 220.1 Transfer funds to the Child Protective Services program for child protective services investigations. Social Services Block Grant CFDA 93.667 ($3,600,000) ($3,600,000) ($3,600,000) One-Time Expense 220.3 Reflect Level of Care Deficit of $35 million. Reduce deficit by $15 million by changing utilization and rates. Add funds to cover remaining need. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $20,000,000 Changes in How the Program is Funded 220.2 Supplant Medicaid Patient Pay Agency funds with federal funds. Foster Care Title IV-E CFDA93.658 $6,237,858 $6,237,858 $6,237,858 Medical Assistance Program CFDA93.778 ($26,568,686) ($26,568,686) ($26,568,686) Patient Payments from Third Party Insurers per 31-2-2 and Patients $20,330,828 $20,330,828 $20,330,828 TOTAL PUBLIC FUNDS $0 $0 $0 220.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Child Welfare Services - State Grants Title IV-B CFDA93.645 ($3,075,186) Medical Assistance Program CFDA93.778 ($6,924,814) Promoting Safe and Stable Families CFDA 93.556 $10,000,000 TOTAL PUBLIC FUNDS $0 220.5 Adjust funding to SFY 2005 cost levels. 1098 JOURNAL OF THE HOUSE Social Services Block Grant CFDA 93.667 $265,446 Out of Home Care Appropriation (HB1026) The purpose is to provide safe and appropriate temporary substitute homes for children. TOTAL STATE FUNDS $148,321,478 $148,321,478 $148,321,478 State General Funds $148,321,478 $148,321,478 $148,321,478 TOTAL FEDERAL FUNDS $94,272,299 $94,272,299 $114,537,745 Child Welfare Services - State Grants Title IV-B CFDA93.645 $4,561,186 $4,561,186 $1,486,000 Foster Care Title IV-E CFDA93.658 $29,893,500 $29,893,500 $29,893,500 Medical Assistance Program CFDA93.778 $6,924,814 $6,924,814 Promoting Safe and Stable Families CFDA 93.556 $10,000,000 Social Services Block Grant CFDA 93.667 $265,446 Temporary Assistance for Needy Families $52,892,799 $52,892,799 $72,892,799 Temporary Assistance for Needy Families Block Grant CFDA $52,892,799 $52,892,799 $72,892,799 93.558 TOTAL AGENCY FUNDS $53,256,417 $53,256,417 $53,256,417 Sales and Services $53,256,417 $53,256,417 $53,256,417 Patient Payments from Third Party Insurers per 31-2-2 and $53,256,417 $53,256,417 $53,256,417 Patients TOTAL PUBLIC FUNDS $295,850,194 $295,850,194 $316,115,640 221. Outdoor Therapeutic Program Appropriation (HB85) 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 STATE FUNDS $3,294,177 $3,294,177 $3,294,177 State General Funds $3,294,177 $3,294,177 $3,294,177 TOTAL FEDERAL FUNDS $3,105 $3,105 $3,105 Medical Assistance Program CFDA93.778 $3,105 $3,105 $3,105 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $937,587 $937,587 $937,587 Agency to Agency Contracts $937,587 $937,587 $937,587 TOTAL PUBLIC FUNDS $4,234,869 $4,234,869 $4,234,869 THURSDAY, FEBRUARY 16, 2006 1099 Changes in How the Program is Funded 221.1 Reclassify federal funds as agency funds to reflect correct program fund distribution. Medical Assistance Program CFDA93.778 ($3,105) ($3,105) ($3,105) Patient Payments from Third Party Insurers per 31-2-2 and Patients $3,105 $3,105 $3,105 TOTAL PUBLIC FUNDS $0 $0 $0 Outdoor Therapeutic Program Appropriation (HB1026) 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 STATE FUNDS $3,294,177 $3,294,177 $3,294,177 State General Funds $3,294,177 $3,294,177 $3,294,177 TOTAL AGENCY FUNDS $3,105 $3,105 $3,105 Sales and Services $3,105 $3,105 $3,105 Patient Payments from Third Party Insurers per 31-2-2 and $3,105 $3,105 $3,105 Patients TOTAL INTRA-STATE GOVERNMENT TRANSFERS $937,587 $937,587 $937,587 Agency to Agency Contracts $937,587 $937,587 $937,587 TOTAL PUBLIC FUNDS $4,234,869 $4,234,869 $4,234,869 222. Post Adoption Services Appropriation (HB85) The purpose is for clarification of adoption policies, procedures, and provide support services to adopting families. TOTAL STATE FUNDS $1,890,746 $1,890,746 $1,890,746 State General Funds $1,890,746 $1,890,746 $1,890,746 TOTAL FEDERAL FUNDS $940,404 $940,404 $940,404 Adoption Assistance CFDA93.659 $940,404 $940,404 $940,404 TOTAL PUBLIC FUNDS $2,831,150 $2,831,150 $2,831,150 Post Adoption Services Appropriation (HB1026) The purpose is for clarification of adoption policies, procedures, and provide support services to adopting families. TOTAL STATE FUNDS $1,890,746 $1,890,746 $1,890,746 State General Funds $1,890,746 $1,890,746 $1,890,746 1100 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS Adoption Assistance CFDA93.659 TOTAL PUBLIC FUNDS $940,404 $940,404 $2,831,150 $940,404 $940,404 $2,831,150 $940,404 $940,404 $2,831,150 223. Pre-Adoption Services Appropriation (HB85) The purpose is to provide services that ensure the safe and appropriate placement of adoptable children. TOTAL STATE FUNDS $3,528,273 $3,528,273 $3,528,273 State General Funds $3,528,273 $3,528,273 $3,528,273 TOTAL FEDERAL FUNDS $1,872,356 $1,872,356 $1,872,356 Adoption Assistance CFDA93.659 $1,872,356 $1,872,356 $1,872,356 TOTAL PUBLIC FUNDS $5,400,629 $5,400,629 $5,400,629 Pre-Adoption Services Appropriation (HB1026) The purpose is to provide services that ensure the safe and appropriate placement of adoptable children. TOTAL STATE FUNDS $3,528,273 $3,528,273 $3,528,273 State General Funds $3,528,273 $3,528,273 $3,528,273 TOTAL FEDERAL FUNDS $1,872,356 $1,872,356 $1,872,356 Adoption Assistance CFDA93.659 $1,872,356 $1,872,356 $1,872,356 TOTAL PUBLIC FUNDS $5,400,629 $5,400,629 $5,400,629 224. Refugee Health Program Appropriation (HB85) The purpose is to provide interpretation, outreach, information, and referrals for refugees who need health care. TOTAL STATE FUNDS $3,656,336 $3,656,336 $3,656,336 State General Funds $3,656,336 $3,656,336 $3,656,336 TOTAL FEDERAL FUNDS $118,690 $118,690 $118,690 Refugee & Entrant Assistance Discretionary Grants CFDA93.576 $118,690 $118,690 $118,690 TOTAL PUBLIC FUNDS $3,775,026 $3,775,026 $3,775,026 Changes in How the Program is Funded 224.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Refugee & Entrant Assistance Discretionary Grants CFDA93.576 $1,000 Refugee & Entrant Assistance Programs CFDA93.566 $406,993 THURSDAY, FEBRUARY 16, 2006 TOTAL PUBLIC FUNDS $407,993 Refugee Health Program Appropriation (HB1026) The purpose is to provide interpretation, outreach, information, and referrals for refugees who need health care. TOTAL STATE FUNDS $3,656,336 $3,656,336 $3,656,336 State General Funds $3,656,336 $3,656,336 $3,656,336 TOTAL FEDERAL FUNDS $118,690 $118,690 $526,683 Refugee & Entrant Assistance Discretionary Grants CFDA93.576 $118,690 $118,690 $119,690 Refugee & Entrant Assistance Programs CFDA93.566 $406,993 TOTAL PUBLIC FUNDS $3,775,026 $3,775,026 $4,183,019 225. Refugee Resettlement Appropriation (HB85) The purpose is to help refugees establish a new life that is founded on the dignity of economic self-support. TOTAL STATE FUNDS $515,660 $515,660 $515,660 State General Funds $515,660 $515,660 $515,660 TOTAL FEDERAL FUNDS $3,103,467 $3,103,467 $3,103,467 Refugee & Entrant Assistance Programs CFDA93.566 $3,103,467 $3,103,467 $3,103,467 TOTAL AGENCY FUNDS $80,538 $80,538 $80,538 Sales and Services $80,538 $80,538 $80,538 Patient Payments from Third Party Insurers per 31-2-2 and $80,538 $80,538 $80,538 Patients TOTAL PUBLIC FUNDS $3,699,665 $3,699,665 $3,699,665 Changes in How the Program is Funded 225.1 Supplant Medicaid Patient Pay Agency funds with federal funds. Refugee & Entrant Assistance Programs CFDA93.566 $80,538 $80,538 $80,538 Patient Payments from Third Party Insurers per 31-2-2 and Patients ($80,538) ($80,538) ($80,538) TOTAL PUBLIC FUNDS $0 $0 $0 Refugee Resettlement Appropriation (HB1026) The purpose is to help refugees establish a new life that is founded on the dignity of economic self-support. TOTAL STATE FUNDS $515,660 $515,660 $515,660 State General Funds $515,660 $515,660 $515,660 TOTAL FEDERAL FUNDS $3,184,005 $3,184,005 $3,184,005 1101 1102 JOURNAL OF THE HOUSE Refugee & Entrant Assistance Programs CFDA93.566 TOTAL PUBLIC FUNDS $3,184,005 $3,699,665 $3,184,005 $3,699,665 $3,184,005 $3,699,665 226. Regulatory Compliance Appropriation (HB85) 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 STATE FUNDS $22,387,123 $22,387,123 $22,387,123 State General Funds $22,387,123 $22,387,123 $22,387,123 TOTAL FEDERAL FUNDS $8,225,540 $8,225,540 $8,225,540 CMS Research, Demonstrations & Evaluations CFDA93.779 $6,533,524 $6,533,524 $6,533,524 CCDF Mandatory & Matching Funds CFDA93.596 $780 $780 $780 Maternal & Child Health Services Block Grant CFDA93.994 $194,703 $194,703 $194,703 Medical Assistance Program CFDA93.778 $12,257 $12,257 $12,257 Preventive Health & Health Services Block Grant CFDA93.991 $1,484,276 $1,484,276 $1,484,276 TOTAL PUBLIC FUNDS $30,612,663 $30,612,663 $30,612,663 Statewide Changes 226.1 WC, GTA, and GBA State General Funds $16,489 $16,489 $16,489 Regulatory Compliance Appropriation (HB1026) 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 STATE FUNDS $22,403,612 $22,403,612 $22,403,612 State General Funds $22,403,612 $22,403,612 $22,403,612 TOTAL FEDERAL FUNDS $8,225,540 $8,225,540 $8,225,540 CMS Research, Demonstrations & Evaluations CFDA93.779 $6,533,524 $6,533,524 $6,533,524 CCDF Mandatory & Matching Funds CFDA93.596 $780 $780 $780 Maternal & Child Health Services Block Grant CFDA93.994 $194,703 $194,703 $194,703 Medical Assistance Program CFDA93.778 $12,257 $12,257 $12,257 Preventive Health & Health Services Block Grant CFDA93.991 $1,484,276 $1,484,276 $1,484,276 TOTAL PUBLIC FUNDS $30,629,152 $30,629,152 $30,629,152 THURSDAY, FEBRUARY 16, 2006 1103 227. Sexually Transmitted Diseases Treatment and Control Appropriation (HB85) The purpose is to prevent and reduce the spread of sexually transmitted diseases through education, case reporting, health screening, partner notification, and treatment. TOTAL STATE FUNDS $4,480,066 $4,480,066 $4,480,066 State General Funds $4,480,066 $4,480,066 $4,480,066 TOTAL FEDERAL FUNDS $2,297,423 $2,297,423 $2,297,423 Preventive Services-Sexually Transmitted Diseases Control $2,297,423 $2,297,423 $2,297,423 CFDA93.977 TOTAL PUBLIC FUNDS $6,777,489 $6,777,489 $6,777,489 Changes in How the Program is Funded 227.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Preventive Health & Health Services Block Grant CFDA93.991 $1,054,763 Sexually Transmitted Diseases Treatment and Control Appropriation (HB1026) The purpose is to prevent and reduce the spread of sexually transmitted diseases through education, case reporting, health screening, partner notification, and treatment. TOTAL STATE FUNDS $4,480,066 $4,480,066 $4,480,066 State General Funds $4,480,066 $4,480,066 $4,480,066 TOTAL FEDERAL FUNDS $2,297,423 $2,297,423 $3,352,186 Preventive Health & Health Services Block Grant CFDA93.991 $1,054,763 Preventive Services-Sexually Transmitted Diseases Control $2,297,423 $2,297,423 $2,297,423 CFDA93.977 TOTAL PUBLIC FUNDS $6,777,489 $6,777,489 $7,832,252 228. State Hospital Facilities Appropriation (HB85) 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 STATE FUNDS $61,482,028 $61,482,028 $61,482,028 State General Funds $61,482,028 $61,482,028 $61,482,028 TOTAL FEDERAL FUNDS $5,720,524 $5,720,524 $5,720,524 1104 JOURNAL OF THE HOUSE Medicare - Hospital Insurance CFDA93.773 $1,115,408 $1,115,408 $1,115,408 Medicare - Supplementary Medical Insurance Program $4,605,116 $4,605,116 $4,605,116 CFDA93.774 TOTAL AGENCY FUNDS $2,935,696 $2,935,696 $2,935,696 Sales and Services $2,935,696 $2,935,696 $2,935,696 Patient Payments from Third Party Insurers per 31-2-2 and $2,883,249 $2,883,249 $2,883,249 Patients Sales and Services Not Itemized $52,447 $52,447 $52,447 TOTAL PUBLIC FUNDS $70,138,248 $70,138,248 $70,138,248 One-Time Expense 228.1 Provide funds to cover deficit in State Hospitals (S:Transfer from the Departmental Administration program). State General Funds $2,783,840 $2,505,456 $2,783,840 State Hospital Facilities Appropriation (HB1026) 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 STATE FUNDS $64,265,868 $63,987,484 $64,265,868 State General Funds $64,265,868 $63,987,484 $64,265,868 TOTAL FEDERAL FUNDS $5,720,524 $5,720,524 $5,720,524 Medicare - Hospital Insurance CFDA93.773 $1,115,408 $1,115,408 $1,115,408 Medicare - Supplementary Medical Insurance Program $4,605,116 $4,605,116 $4,605,116 CFDA93.774 TOTAL AGENCY FUNDS $2,935,696 $2,935,696 $2,935,696 Sales and Services $2,935,696 $2,935,696 $2,935,696 Patient Payments from Third Party Insurers per 31-2-2 and $2,883,249 $2,883,249 $2,883,249 Patients Sales and Services Not Itemized $52,447 $52,447 $52,447 TOTAL PUBLIC FUNDS $72,922,088 $72,643,704 $72,922,088 229. State Hospital Facilities - Direct Care and Support Appropriation (HB85) The purpose is to provide facility support services and direct patient support therapies. THURSDAY, FEBRUARY 16, 2006 1105 TOTAL STATE FUNDS $94,448,798 $94,448,798 $94,448,798 State General Funds $94,448,798 $94,448,798 $94,448,798 TOTAL FEDERAL FUNDS $6,120,300 $6,120,300 $6,120,300 Medicare - Supplementary Medical Insurance Program $4,499,653 $4,499,653 $4,499,653 CFDA93.774 National School Lunch Program CFDA10.555 $239,438 $239,438 $239,438 Special Ed-Infants & Families with Disabilities CFDA84.181 $1,381,209 $1,381,209 $1,381,209 TOTAL AGENCY FUNDS $42,343,798 $42,343,798 $42,343,798 Sales and Services $42,343,798 $42,343,798 $42,343,798 Patient Payments from Third Party Insurers per 31-2-2 and $41,319,414 $41,319,414 $41,319,414 Patients Sales and Services Not Itemized $1,024,384 $1,024,384 $1,024,384 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,092,954 $5,092,954 $5,092,954 Agency to Agency Contracts $5,092,954 $5,092,954 $5,092,954 TOTAL PUBLIC FUNDS $148,005,850 $148,005,850 $148,005,850 One-Time Expense 229.1 Provide funds to cover deficit in State Hospitals (S:Transfer from the Departmental Administration program). State General Funds $4,155,214 $3,739,692 $4,155,214 State Hospital Facilities - Direct Care and Support Services Appropriation (HB1026) The purpose is to provide facility support services and direct patient support therapies. TOTAL STATE FUNDS $98,604,012 $98,188,490 $98,604,012 State General Funds $98,604,012 $98,188,490 $98,604,012 TOTAL FEDERAL FUNDS $6,120,300 $6,120,300 $6,120,300 Medicare - Supplementary Medical Insurance Program $4,499,653 $4,499,653 $4,499,653 CFDA93.774 National School Lunch Program CFDA10.555 $239,438 $239,438 $239,438 Special Ed-Infants & Families with Disabilities CFDA84.181 $1,381,209 $1,381,209 $1,381,209 TOTAL AGENCY FUNDS $42,343,798 $42,343,798 $42,343,798 Sales and Services $42,343,798 $42,343,798 $42,343,798 Patient Payments from Third Party Insurers per 31-2-2 and $41,319,414 $41,319,414 $41,319,414 Patients 1106 JOURNAL OF THE HOUSE Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency to Agency Contracts TOTAL PUBLIC FUNDS $1,024,384 $5,092,954 $5,092,954 $152,161,064 $1,024,384 $5,092,954 $5,092,954 $151,745,542 $1,024,384 $5,092,954 $5,092,954 $152,161,064 230. State Hospital Facilities - Other Care Appropriation (HB85) The purpose is to provide inpatient psychiatric evaluation and treatment with an emphasis on stabilization and planning. TOTAL STATE FUNDS $35,713,500 $35,713,500 $35,713,500 State General Funds $35,713,500 $35,713,500 $35,713,500 TOTAL FEDERAL FUNDS $161,867 $161,867 $161,867 Medicare - Supplementary Medical Insurance Program $161,867 $161,867 $161,867 CFDA93.774 TOTAL AGENCY FUNDS $53,767,732 $53,767,732 $53,767,732 Sales and Services $53,767,732 $53,767,732 $53,767,732 Sales and Services Not Itemized $53,767,732 $53,767,732 $53,767,732 TOTAL PUBLIC FUNDS $89,643,099 $89,643,099 $89,643,099 One-Time Expense 230.1 Provide funds to cover deficit in State Hospitals (S:Transfer from the Departmental Administration program). State General Funds $1,621,412 $1,459,270 $1,621,412 State Hospital Facilities - Other Care Appropriation (HB1026) The purpose is to provide inpatient psychiatric evaluation and treatment with an emphasis on stabilization and planning. TOTAL STATE FUNDS $37,334,912 $37,172,770 $37,334,912 State General Funds $37,334,912 $37,172,770 $37,334,912 TOTAL FEDERAL FUNDS $161,867 $161,867 $161,867 Medicare - Supplementary Medical Insurance Program $161,867 $161,867 $161,867 CFDA93.774 TOTAL AGENCY FUNDS $53,767,732 $53,767,732 $53,767,732 Sales and Services $53,767,732 $53,767,732 $53,767,732 Sales and Services Not Itemized $53,767,732 $53,767,732 $53,767,732 TOTAL PUBLIC FUNDS $91,264,511 $91,102,369 $91,264,511 THURSDAY, FEBRUARY 16, 2006 1107 231. State Hospital Facilities - Specialty Care Appropriation (HB85) The purpose is to provide education and health promotion related to intentional and unintentional injuries. TOTAL STATE FUNDS $1,495,494 $1,495,494 $1,495,494 State General Funds $1,495,494 $1,495,494 $1,495,494 TOTAL FEDERAL FUNDS $14,551 $14,551 $14,551 Medicare - Supplementary Medical Insurance Program $14,551 $14,551 $14,551 CFDA93.774 TOTAL AGENCY FUNDS $1,547,240 $1,547,240 $1,547,240 Sales and Services $1,547,240 $1,547,240 $1,547,240 Patient Payments from Third Party Insurers per 31-2-2 and $1,547,240 $1,547,240 $1,547,240 Patients TOTAL PUBLIC FUNDS $3,057,285 $3,057,285 $3,057,285 One-Time Expense 231.1 Provide funds to cover deficit in State Hospitals (S:Transfer from the Departmental Administration program). State General Funds $19,534 $17,580 $19,534 State Hospital Facilities - Specialty Care Appropriation (HB1026) The purpose is to provide education and health promotion related to intentional and unintentional injuries. TOTAL STATE FUNDS $1,515,028 $1,513,074 $1,515,028 State General Funds $1,515,028 $1,513,074 $1,515,028 TOTAL FEDERAL FUNDS $14,551 $14,551 $14,551 Medicare - Supplementary Medical Insurance Program $14,551 $14,551 $14,551 CFDA93.774 TOTAL AGENCY FUNDS $1,547,240 $1,547,240 $1,547,240 Sales and Services $1,547,240 $1,547,240 $1,547,240 Patient Payments from Third Party Insurers per 31-2-2 and $1,547,240 $1,547,240 $1,547,240 Patients TOTAL PUBLIC FUNDS $3,076,819 $3,074,865 $3,076,819 232. Substance Abuse Prevention Appropriation (HB85) 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. 1108 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $669,605 $669,605 $669,605 State General Funds $669,605 $669,605 $669,605 TOTAL FEDERAL FUNDS $10,512,485 $10,512,485 $10,512,485 Prevention & Treatment of Substance Abuse Block Grant $10,192,088 $10,192,088 $10,192,088 CFDA93.959 Safe and Drug-free Schools and Communities CFDA84.186 $320,397 $320,397 $320,397 TOTAL PUBLIC FUNDS $11,182,090 $11,182,090 $11,182,090 Changes in How the Program is Funded 232.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Prevention & Treatment of Substance Abuse Block Grant $1,320,111 CFDA93.959 Safe and Drug-free Schools and Communities CFDA84.186 $72,731 Substance Abuse and Mental Health Services, Projects of Regional $281,956 and National Significance TOTAL PUBLIC FUNDS $1,674,798 Substance Abuse Prevention Appropriation (HB1026) 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 STATE FUNDS $669,605 $669,605 $669,605 State General Funds $669,605 $669,605 $669,605 TOTAL FEDERAL FUNDS $10,512,485 $10,512,485 $12,187,283 Prevention & Treatment of Substance Abuse Block Grant $10,192,088 $10,192,088 $11,512,199 CFDA93.959 Safe and Drug-free Schools and Communities CFDA84.186 $320,397 $320,397 $393,128 Substance Abuse and Mental Health Services, Projects of $281,956 Regional and National Significance TOTAL PUBLIC FUNDS $11,182,090 $11,182,090 $12,856,888 233. Support for Needy Families - Administration and Family Assistance Appropriation (HB85) THURSDAY, FEBRUARY 16, 2006 1109 The purpose is to supply block grants for temporary assistance for needy families. TOTAL STATE FUNDS $17,069,906 $17,069,906 $17,069,906 State General Funds $17,069,906 $17,069,906 $17,069,906 TOTAL FEDERAL FUNDS $51,340,811 $51,340,811 $51,340,811 Adoption Assistance CFDA93.659 $1,316,099 $1,316,099 $1,316,099 Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 Medical Assistance Program CFDA93.778 $9,905,211 $9,905,211 $9,905,211 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $10,643,225 $10,643,225 $10,643,225 Temporary Assistance for Needy Families $12,291,093 $12,291,093 $12,291,093 Temporary Assistance for Needy Families Block Grant CFDA $12,291,093 $12,291,093 $12,291,093 93.558 TOTAL AGENCY FUNDS $2,786,034 $2,786,034 $2,786,034 Sales and Services $2,786,034 $2,786,034 $2,786,034 Patient Payments from Third Party Insurers per 31-2-2 and $2,786,034 $2,786,034 $2,786,034 Patients TOTAL PUBLIC FUNDS $71,196,751 $71,196,751 $71,196,751 Changes in Operations / Administration 233.1 Transfer funds for After School Care Expansion activities from Child Care and Parent Services. State General Funds $4,000,000 $4,000,000 $0 Temporary Assistance for Needy Families Block Grant CFDA 93.558 $10,000,000 $10,000,000 $0 TOTAL PUBLIC FUNDS $14,000,000 $14,000,000 $0 233.2 Transfer funds to the Food Stamp Program to reflect direct client services. State Admin. Matching Grants-Food Stamp Program CFDA 10.561 ($8,501,040) ($8,501,040) ($8,501,040) 233.7 Reduce administration to reflect SFY 2005 cost allocation. Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($9,300,000) One-Time Expense 233.3 Provide funds to replace outdated information technology equipment. Medical Assistance Program CFDA93.778 $21,600 $21,600 $21,600 233.8 Reward Office of Family Independence staff for achieving a TANF Welfare to Work bonus of $4,003,411 and being cited by federal administrators as a model state for work participation activities. Bonus contingent on continued receipt of performance bonus. 1110 JOURNAL OF THE HOUSE Temporary Assistance for Needy Families Block Grant CFDA 93.558 $2,000,000 Changes in How the Program is Funded 233.4 Supplant Medicaid Patient Pay Agency funds with federal funds. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $2,786,034 $2,786,034 $0 Patient Payments from Third Party Insurers per 31-2-2 and Patients ($2,786,034) ($2,786,034) $0 TOTAL PUBLIC FUNDS $0 $0 $0 Changes in the Size of the Program 233.5 Transfer funds to the Support for Needy Families - Work Assistance program for education and training of Temporary Assistance for Needy Families recipients. State Admin. Matching Grants-Food Stamp Program CFDA 10.561 ($2,142,185) ($2,142,185) ($2,142,185) 233.9 Add funds for food bank assistance. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $1,000,000 Support for Needy Families - Administration and Family Appropriation (HB1026) Assistance The purpose is to supply block grants for temporary assistance for needy families. TOTAL STATE FUNDS $21,069,906 $21,069,906 $17,069,906 State General Funds $21,069,906 $21,069,906 $17,069,906 TOTAL FEDERAL FUNDS $53,505,220 $53,505,220 $34,419,186 Adoption Assistance CFDA93.659 $1,316,099 $1,316,099 $1,316,099 Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 Medical Assistance Program CFDA93.778 $9,926,811 $9,926,811 $9,926,811 Temporary Assistance for Needy Families $25,077,127 $25,077,127 $5,991,093 Temporary Assistance for Needy Families Block Grant CFDA $25,077,127 $25,077,127 $5,991,093 93.558 TOTAL AGENCY FUNDS $2,786,034 Sales and Services $2,786,034 Patient Payments from Third Party Insurers per 31-2-2 and $2,786,034 Patients TOTAL PUBLIC FUNDS $74,575,126 $74,575,126 $54,275,126 THURSDAY, FEBRUARY 16, 2006 234. Support for Needy Families - Basic Assistance Appropriation (HB85) The purpose is to supply block grants for temporary assistance for needy families. TOTAL STATE FUNDS $14,400,000 $14,400,000 $14,400,000 State General Funds $14,400,000 $14,400,000 $14,400,000 TOTAL FEDERAL FUNDS $94,788,339 $94,788,339 $94,788,339 Temporary Assistance for Needy Families $74,788,339 $74,788,339 $74,788,339 Temporary Assistance for Needy Families Block Grant CFDA $74,788,339 $74,788,339 $74,788,339 93.558 Temporary Assistance for Needy Families Unobligated Balance $20,000,000 $20,000,000 $20,000,000 TOTAL AGENCY FUNDS $20,000,000 $20,000,000 $20,000,000 Contributions, Donations, and Forfeitures $20,000,000 $20,000,000 $20,000,000 TANF Maintenance-of-Effort from External Sources $20,000,000 $20,000,000 $20,000,000 TOTAL PUBLIC FUNDS $129,188,339 $129,188,339 $129,188,339 Changes in How the Program is Funded 234.1 Refinance TANF Unobligated Balances with block grant funds to maximize federal fund usage Temporary Assistance for Needy Families Block Grant CFDA 93.558 $14,004,629 Temporary Assistance for Needy Families Unobligated Balance ($14,004,629) TOTAL PUBLIC FUNDS $0 Changes in the Size of the Program 234.2 Reduce funding for cash assistance based on declining caseloads. Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($17,500,000) Support for Needy Families - Basic Assistance Appropriation (HB1026) The purpose is to supply block grants for temporary assistance for needy families. TOTAL STATE FUNDS $14,400,000 $14,400,000 $14,400,000 State General Funds $14,400,000 $14,400,000 $14,400,000 TOTAL FEDERAL FUNDS $94,788,339 $94,788,339 $77,288,339 Temporary Assistance for Needy Families $74,788,339 $74,788,339 $71,292,968 Temporary Assistance for Needy Families Block Grant CFDA $74,788,339 $74,788,339 $71,292,968 93.558 Temporary Assistance for Needy Families Unobligated Balance $20,000,000 $20,000,000 $5,995,371 TOTAL AGENCY FUNDS $20,000,000 $20,000,000 $20,000,000 1111 1112 JOURNAL OF THE HOUSE Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources TOTAL PUBLIC FUNDS $20,000,000 $20,000,000 $129,188,339 $20,000,000 $20,000,000 $129,188,339 $20,000,000 $20,000,000 $111,688,339 235. Support for Needy Families - Work Assistance Appropriation (HB85) The purpose is to supply block grants for temporary assistance for needy families. TOTAL STATE FUNDS $26,000,000 $26,000,000 $26,000,000 State General Funds $26,000,000 $26,000,000 $26,000,000 TOTAL FEDERAL FUNDS $19,130,279 $19,130,279 $19,130,279 Temporary Assistance for Needy Families $19,130,279 $19,130,279 $19,130,279 Temporary Assistance for Needy Families Block Grant CFDA $19,130,279 $19,130,279 $19,130,279 93.558 TOTAL PUBLIC FUNDS $45,130,279 $45,130,279 $45,130,279 Changes in Operations / Administration 235.1 Adjust Grants to Counties funding for eligibility activities to SFY 2005 cost levels. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $16,100,000 Changes in the Size of the Program 235.2 Transfer funds from the Support for Needy Families - Administration and Family Assistance program for education and training of Temporary Assistance for Needy Families recipients. State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $2,142,185 $2,142,185 $2,142,185 Support for Needy Families - Work Assistance Appropriation (HB1026) The purpose is to supply block grants for temporary assistance for needy families. TOTAL STATE FUNDS $26,000,000 $26,000,000 $26,000,000 State General Funds $26,000,000 $26,000,000 $26,000,000 TOTAL FEDERAL FUNDS $21,272,464 $21,272,464 $37,372,464 State Admin. Matching Grants-Food Stamp Program CFDA 10.561 $2,142,185 $2,142,185 $2,142,185 Temporary Assistance for Needy Families $19,130,279 $19,130,279 $35,230,279 Temporary Assistance for Needy Families Block Grant CFDA $19,130,279 $19,130,279 $35,230,279 93.558 TOTAL PUBLIC FUNDS $47,272,464 $47,272,464 $63,372,464 THURSDAY, FEBRUARY 16, 2006 1113 236. Tobacco Use Prevention Appropriation (HB85) 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 STATE FUNDS $2,211,034 $2,211,034 $2,211,034 State General Funds $61,159 $61,159 $61,159 Tobacco Settlement Funds $2,149,875 $2,149,875 $2,149,875 TOTAL PUBLIC FUNDS $2,211,034 $2,211,034 $2,211,034 Tobacco Use Prevention Appropriation (HB1026) 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 STATE FUNDS $2,211,034 $2,211,034 $2,211,034 State General Funds $61,159 $61,159 $61,159 Tobacco Settlement Funds $2,149,875 $2,149,875 $2,149,875 TOTAL PUBLIC FUNDS $2,211,034 $2,211,034 $2,211,034 237. Tuberculosis Treatment and Control Appropriation (HB85) The purpose of the Georgia Tuberculosis Program is to control transmission, prevent illness and ensure treatment of disease due to tuberculosis. TOTAL STATE FUNDS $7,404,277 $7,404,277 $7,404,277 State General Funds $7,404,277 $7,404,277 $7,404,277 TOTAL FEDERAL FUNDS $1,613,061 $1,613,061 $1,613,061 Grants & Agreements for Tuberculosis Control Programs $1,613,061 $1,613,061 $1,613,061 CFDA93.116 TOTAL PUBLIC FUNDS $9,017,338 $9,017,338 $9,017,338 Changes in How the Program is Funded 237.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Grants & Agreements for Tuberculosis Control Programs $508,607 CFDA93.116 1114 JOURNAL OF THE HOUSE Tuberculosis Treatment and Control Appropriation (HB1026) The purpose of the Georgia Tuberculosis Program is to control transmission, prevent illness and ensure treatment of disease due to tuberculosis. TOTAL STATE FUNDS $7,404,277 $7,404,277 $7,404,277 State General Funds $7,404,277 $7,404,277 $7,404,277 TOTAL FEDERAL FUNDS $1,613,061 $1,613,061 $2,121,668 Grants & Agreements for Tuberculosis Control Programs $1,613,061 $1,613,061 $2,121,668 CFDA93.116 TOTAL PUBLIC FUNDS $9,017,338 $9,017,338 $9,525,945 238. Vital Records Appropriation (HB85) 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 STATE FUNDS $2,064,090 $2,064,090 $2,064,090 State General Funds $2,064,090 $2,064,090 $2,064,090 TOTAL FEDERAL FUNDS $288,204 $288,204 $288,204 Research on Healthcare Costs, Quality & Outcomes CFDA93.226 $288,204 $288,204 $288,204 TOTAL PUBLIC FUNDS $2,352,294 $2,352,294 $2,352,294 Changes in How the Program is Funded 238.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Research on Healthcare Costs, Quality & Outcomes CFDA93.226 $260,000 Vital Records Appropriation (HB1026) 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 STATE FUNDS $2,064,090 $2,064,090 $2,064,090 State General Funds $2,064,090 $2,064,090 $2,064,090 TOTAL FEDERAL FUNDS $288,204 $288,204 $548,204 Research on Healthcare Costs, Quality & Outcomes CFDA93.226 $288,204 $288,204 $548,204 TOTAL PUBLIC FUNDS $2,352,294 $2,352,294 $2,612,294 THURSDAY, FEBRUARY 16, 2006 1115 239. Women, Infants and Children Appropriation (HB85) The purpose is an adjunct to prenatal and postpartum care during critical periods of growth. TOTAL FEDERAL FUNDS $84,978,869 $84,978,869 $84,978,869 Supplemental Nutrition -Women Infants & Children CFDA10.557 $84,978,869 $84,978,869 $84,978,869 TOTAL PUBLIC FUNDS $84,978,869 $84,978,869 $84,978,869 Changes in How the Program is Funded 239.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Supplemental Nutrition -Women Infants & Children CFDA10.557 $147,496,262 Women, Infants and Children Appropriation (HB1026) The purpose is an adjunct to prenatal and postpartum care during critical periods of growth. TOTAL FEDERAL FUNDS $84,978,869 $84,978,869 $232,475,131 Supplemental Nutrition -Women Infants & Children CFDA10.557 $84,978,869 $84,978,869 $232,475,131 TOTAL PUBLIC FUNDS $84,978,869 $84,978,869 $232,475,131 240. Women's Health Services Appropriation (HB85) The purpose is to reduce unintended pregnancies and improve the health of women, the partners, and infants. TOTAL STATE FUNDS $8,910,650 $8,910,650 $8,910,650 State General Funds $8,910,650 $8,910,650 $8,910,650 TOTAL FEDERAL FUNDS $19,098,161 $19,098,161 $19,098,161 Family Planning Services CFDA93.217 $6,207,725 $6,207,725 $6,207,725 Maternal & Child Health Services Block Grant CFDA93.994 $470,537 $470,537 $470,537 Medical Assistance Program CFDA93.778 $335,432 $335,432 $335,432 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 Supplemental Nutrition -Women Infants & Children CFDA10.557 $184,250 $184,250 $184,250 Temporary Assistance for Needy Families $11,858,523 $11,858,523 $11,858,523 Temporary Assistance for Needy Families Block Grant CFDA $11,858,523 $11,858,523 $11,858,523 93.558 TOTAL PUBLIC FUNDS $28,008,811 $28,008,811 $28,008,811 1116 JOURNAL OF THE HOUSE Changes in How the Program is Funded 240.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Maternal and Child Health Federal Consolidated Programs $426,896 CFDA93.11 Women's Health Services Appropriation (HB1026) The purpose is to reduce unintended pregnancies and improve the health of women, the partners, and infants. TOTAL STATE FUNDS $8,910,650 $8,910,650 $8,910,650 State General Funds $8,910,650 $8,910,650 $8,910,650 TOTAL FEDERAL FUNDS $19,098,161 $19,098,161 $19,525,057 Family Planning Services CFDA93.217 $6,207,725 $6,207,725 $6,207,725 Maternal and Child Health Federal Consolidated Programs $426,896 CFDA93.11 Maternal & Child Health Services Block Grant CFDA93.994 $470,537 $470,537 $470,537 Medical Assistance Program CFDA93.778 $335,432 $335,432 $335,432 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 Supplemental Nutrition -Women Infants & Children CFDA10.557 $184,250 $184,250 $184,250 Temporary Assistance for Needy Families $11,858,523 $11,858,523 $11,858,523 Temporary Assistance for Needy Families Block Grant CFDA $11,858,523 $11,858,523 $11,858,523 93.558 TOTAL PUBLIC FUNDS $28,008,811 $28,008,811 $28,435,707 241. Council on Aging Appropriation (HB85) 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 STATE FUNDS $148,951 $148,951 $148,951 State General Funds $148,951 $148,951 $148,951 TOTAL PUBLIC FUNDS $148,951 $148,951 $148,951 Council on Aging Appropriation (HB1026) 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. THURSDAY, FEBRUARY 16, 2006 1117 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $148,951 $148,951 $148,951 $148,951 $148,951 $148,951 $148,951 $148,951 $148,951 242. Brain and Spinal Injury Trust Fund Appropriation (HB85) 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 STATE FUNDS $3,000,000 $3,000,000 $3,000,000 Brain and Spinal Injury Trust Fund $3,000,000 $3,000,000 $3,000,000 TOTAL PUBLIC FUNDS $3,000,000 $3,000,000 $3,000,000 Statewide Changes 242.1 WC, GTA, and GBA State General Funds $499 $499 $499 Brain and Spinal Injury Trust Fund Appropriation (HB1026) 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 STATE FUNDS $3,000,499 $3,000,499 $3,000,499 Brain and Spinal Injury Trust Fund $3,000,000 $3,000,000 $3,000,000 State General Funds $499 $499 $499 TOTAL PUBLIC FUNDS $3,000,499 $3,000,499 $3,000,499 243. Children's Trust Fund Commission Appropriation (HB85) 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 STATE FUNDS $6,932,873 $6,932,873 $6,932,873 State General Funds $5,660,703 $5,660,703 $5,660,703 Tobacco Settlement Funds $1,272,170 $1,272,170 $1,272,170 TOTAL PUBLIC FUNDS $6,932,873 $6,932,873 $6,932,873 Statewide Changes 243.1 WC, GTA, and GBA State General Funds $333 $333 $333 1118 JOURNAL OF THE HOUSE Children's Trust Fund Commission Appropriation (HB1026) 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 STATE FUNDS $6,933,206 $6,933,206 $6,933,206 State General Funds $5,661,036 $5,661,036 $5,661,036 Tobacco Settlement Funds $1,272,170 $1,272,170 $1,272,170 TOTAL PUBLIC FUNDS $6,933,206 $6,933,206 $6,933,206 244. Developmental Disabilities, Governor's Council on Appropriation (HB85) The purpose is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $29,241 $29,241 $29,241 State General Funds $29,241 $29,241 $29,241 TOTAL FEDERAL FUNDS $2,248,393 $2,248,393 $2,248,393 Developmental Disabilities Basic Support & Advocacy $2,248,393 $2,248,393 $2,248,393 CFDA93.630 TOTAL PUBLIC FUNDS $2,277,634 $2,277,634 $2,277,634 Developmental Disabilities, Governor's Council on Appropriation (HB1026) The purpose is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $29,241 $29,241 $29,241 State General Funds $29,241 $29,241 $29,241 TOTAL FEDERAL FUNDS $2,248,393 $2,248,393 $2,248,393 Developmental Disabilities Basic Support & Advocacy $2,248,393 $2,248,393 $2,248,393 CFDA93.630 TOTAL PUBLIC FUNDS $2,277,634 $2,277,634 $2,277,634 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. THURSDAY, FEBRUARY 16, 2006 1119 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 28: Insurance, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Manufactured Home Construction & Safety Standards CFDA14.171 Medicare - Hospital Insurance CFDA93.773 TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Manufactured Home Construction & Safety Standards Section Total (HB85) $16,814,408 $16,814,408 $16,814,408 $16,814,408 $954,555 $954,555 $755,000 $755,000 $16,814,408 $16,814,408 $954,555 $755,000 $199,555 $199,555 $81,945 $81,945 $17,850,908 $17,850,908 Final Section Totals $16,825,711 $16,825,711 $16,825,711 $16,825,711 $954,555 $954,555 $755,000 $755,000 $199,555 $81,945 $17,850,908 $16,825,711 $16,825,711 $954,555 $755,000 1120 JOURNAL OF THE HOUSE CFDA14.171 Medicare - Hospital Insurance CFDA93.773 TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS $199,555 $81,945 $17,862,211 $199,555 $81,945 $17,862,211 $199,555 $81,945 $17,862,211 245. Departmental Administration Appropriation (HB85) 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 STATE FUNDS $2,203,831 $2,203,831 $2,203,831 State General Funds $2,203,831 $2,203,831 $2,203,831 TOTAL PUBLIC FUNDS $2,203,831 $2,203,831 $2,203,831 Statewide Changes 245.1 WC, GTA, and GBA State General Funds $1,545 $1,545 $1,545 Departmental Administration Appropriation (HB1026) 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 STATE FUNDS $2,205,376 $2,205,376 $2,205,376 State General Funds $2,205,376 $2,205,376 $2,205,376 TOTAL PUBLIC FUNDS $2,205,376 $2,205,376 $2,205,376 246. Enforcement Appropriation (HB85) 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 STATE FUNDS $767,482 $767,482 $767,482 State General Funds $767,482 $767,482 $767,482 TOTAL PUBLIC FUNDS $767,482 $767,482 $767,482 Statewide Changes 246.1 WC, GTA, and GBA State General Funds $518 $518 $518 THURSDAY, FEBRUARY 16, 2006 1121 Enforcement Appropriation (HB1026) 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 STATE FUNDS $768,000 $768,000 $768,000 State General Funds $768,000 $768,000 $768,000 TOTAL PUBLIC FUNDS $768,000 $768,000 $768,000 247. Fire Safety Appropriation (HB85) 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 STATE FUNDS $4,955,173 $4,955,173 $4,955,173 State General Funds $4,955,173 $4,955,173 $4,955,173 TOTAL FEDERAL FUNDS $954,555 $954,555 $954,555 Manufactured Home Construction & Safety Standards $755,000 $755,000 $755,000 CFDA14.171 Medicare - Hospital Insurance CFDA93.773 $199,555 $199,555 $199,555 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $81,945 $81,945 $81,945 Agency to Agency Contracts $81,945 $81,945 $81,945 TOTAL PUBLIC FUNDS $5,991,673 $5,991,673 $5,991,673 Statewide Changes 247.1 WC, GTA, and GBA State General Funds $3,318 $3,318 $3,318 Fire Safety Appropriation (HB1026) 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 STATE FUNDS $4,958,491 $4,958,491 $4,958,491 State General Funds $4,958,491 $4,958,491 $4,958,491 TOTAL FEDERAL FUNDS $954,555 $954,555 $954,555 Manufactured Home Construction & Safety Standards $755,000 $755,000 $755,000 CFDA14.171 Medicare - Hospital Insurance CFDA93.773 $199,555 $199,555 $199,555 1122 JOURNAL OF THE HOUSE TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency to Agency Contracts TOTAL PUBLIC FUNDS $81,945 $81,945 $5,994,991 $81,945 $81,945 $5,994,991 $81,945 $81,945 $5,994,991 248. Industrial Loan Appropriation (HB85) The purpose is to protect consumers by licensing, regulating and examining finance companies that provide consumer loans of $3,000 or less. TOTAL STATE FUNDS $688,827 $688,827 $688,827 State General Funds $688,827 $688,827 $688,827 TOTAL PUBLIC FUNDS $688,827 $688,827 $688,827 Statewide Changes 248.1 WC, GTA, and GBA State General Funds $463 $463 $463 Industrial Loan Appropriation (HB1026) The purpose is to protect consumers by licensing, regulating and examining finance companies that provide consumer loans of $3,000 or less. TOTAL STATE FUNDS $689,290 $689,290 $689,290 State General Funds $689,290 $689,290 $689,290 TOTAL PUBLIC FUNDS $689,290 $689,290 $689,290 249. Insurance Regulation Appropriation (HB85) The purpose is to ensure that licensed insurance entities maintain solvency, comply with state law and adopt rules, regulations, and standards. TOTAL STATE FUNDS $5,396,059 $5,396,059 $5,396,059 State General Funds $5,396,059 $5,396,059 $5,396,059 TOTAL PUBLIC FUNDS $5,396,059 $5,396,059 $5,396,059 Statewide Changes 249.1 WC, GTA, and GBA State General Funds $3,717 $3,717 $3,717 THURSDAY, FEBRUARY 16, 2006 1123 Insurance Regulation Appropriation (HB1026) The purpose is to ensure that licensed insurance entities maintain solvency, comply with state law and adopt rules, regulations, and standards. TOTAL STATE FUNDS $5,399,776 $5,399,776 $5,399,776 State General Funds $5,399,776 $5,399,776 $5,399,776 TOTAL PUBLIC FUNDS $5,399,776 $5,399,776 $5,399,776 250. Special Fraud Appropriation (HB85) The purpose is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $2,803,036 $2,803,036 $2,803,036 State General Funds $2,803,036 $2,803,036 $2,803,036 TOTAL PUBLIC FUNDS $2,803,036 $2,803,036 $2,803,036 Statewide Changes 250.1 WC, GTA, and GBA State General Funds $1,742 $1,742 $1,742 Special Fraud Appropriation (HB1026) The purpose is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $2,804,778 $2,804,778 $2,804,778 State General Funds $2,804,778 $2,804,778 $2,804,778 TOTAL PUBLIC FUNDS $2,804,778 $2,804,778 $2,804,778 Section 29: Investigation, Georgia Bureau of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Byrne Formula Grant Program CFDA16.579 Community Prosecution & Project Safe Neighborhoods CFDA16.609 Crime Laboratory Improvement-DNA Backlog Reduction CFDA16.564 Section Total (HB85) $62,410,151 $62,410,151 $62,410,151 $62,410,151 $29,876,675 $29,876,675 $11,038,527 $11,038,527 $158,788 $158,788 $62,410,151 $62,410,151 $29,876,675 $11,038,527 $158,788 $127,909 $127,909 $127,909 1124 JOURNAL OF THE HOUSE Crime Victim Assistance CFDA16.575 Crime Victim Assistance/Discretionary Grants CFDA16.582 Crime Victim Compensation CFDA16.576 Local Law Enforcement Block Grants Program CFDA16.592 Offender Reentry Program CFDA16.202 Residential Substance Abuse Treatment-State Prisoners CFDA16.593 Rural Domestic Violence & Child Victimization CFDA16.589 State Justice Statistics-Statistical Analysis Centers CFDA16.550 Violence Against Women Formula Grants CFDA16.588 Violent Offender Incarceration & Truth in Sentencing CFDA16.586 TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Asset Forfeiture CFDA99.OFA Byrne Formula Grant Program CFDA16.579 Children's Justice Grants to States CFDA 93.643 Community Prosecution & Project Safe Neighborhoods CFDA16.609 Crime Laboratory Improvement-DNA Backlog Reduction CFDA16.564 Crime Victim Assistance CFDA16.575 Crime Victim Assistance/Discretionary Grants CFDA16.582 Crime Victim Compensation CFDA16.576 Drug-Free Communities Support Program Grants CFDA93.276 Injury Prevention & Control Research & State & Community Based CFDA 93.136 $10,608,946 $51,446 $160,677 $96,333 $500,000 $1,092,888 $10,608,946 $51,446 $160,677 $96,333 $500,000 $1,092,888 $177,373 $177,373 $50,000 $50,000 $3,500,000 $3,500,000 $2,313,788 $2,313,788 $4,671,438 $4,671,438 $4,671,438 $4,671,438 $96,958,264 $96,958,264 Final Section Totals $62,575,557 $62,575,557 $62,575,557 $62,575,557 $29,876,675 $29,876,675 $11,038,527 $11,038,527 $158,788 $158,788 $127,909 $127,909 $10,608,946 $51,446 $160,677 $10,608,946 $51,446 $160,677 $10,608,946 $51,446 $160,677 $96,333 $500,000 $1,092,888 $177,373 $50,000 $3,500,000 $2,313,788 $4,671,438 $4,671,438 $96,958,264 $63,075,557 $63,075,557 $59,775,752 $195,127 $19,537,670 $48,852 $158,788 $127,909 $10,648,946 $51,446 $160,677 $151,627 $6,517 THURSDAY, FEBRUARY 16, 2006 1125 Local Law Enforcement Block Grants Program CFDA16.592 Missing Children's Assistance CFDA16.543 National Criminal History Improvement Program CFDA16.554 Nat'l Institute of Justice Research Evaluation & Development CFDA16.560 Offender Reentry Program CFDA16.202 Residential Substance Abuse Treatment-State Prisoners CFDA16.593 Rural Domestic Violence & Child Victimization CFDA16.589 Social Security Disability Insurance CFDA 96.001 State and Community Highway Safety CFDA20.600 State Domestic Preparedness Equipment Support CFDA97.004 State Justice Statistics-Statistical Analysis Centers CFDA16.550 State Medicaid Fraud Control Units CFDA 93.775 Violence Against Women Formula Grants CFDA16.588 Violent Offender Incarceration & Truth in Sentencing CFDA16.586 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS $96,333 $500,000 $1,092,888 $177,373 $50,000 $3,500,000 $2,313,788 $4,671,438 $4,671,438 $97,123,670 $96,333 $846,170 $148,151 $1,607,960 $311,371 $500,000 $1,092,888 $500,000 $1,092,888 $177,373 $50,000 $3,500,000 $2,313,788 $4,671,438 $4,671,438 $97,123,670 $177,373 $16,521 $24,828 $16,449,511 $50,000 $1,305,438 $3,844,194 $2,313,788 $8,903,344 $170,542 $8,732,802 $13,453 $131,768,106 251. Bureau Administration Appropriation (HB85) 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 STATE FUNDS $9,463,895 $9,463,895 $9,463,895 State General Funds $9,463,895 $9,463,895 $9,463,895 TOTAL PUBLIC FUNDS $9,463,895 $9,463,895 $9,463,895 Statewide Changes 251.1 WC, GTA, and GBA State General Funds $5,650 $5,650 $5,650 1126 JOURNAL OF THE HOUSE One-Time Expense 251.2 Replace boiler at GBI headquarters. State General Funds $100,000 $100,000 $100,000 Changes in the Size of the Program 251.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds for management training, garage for bomb trucks and the Employee Assistance Program. Asset Forfeiture CFDA99.OFA $103,000 Bureau Administration Appropriation (HB1026) 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 STATE FUNDS $9,569,545 $9,569,545 $9,569,545 State General Funds $9,569,545 $9,569,545 $9,569,545 TOTAL FEDERAL FUNDS $103,000 Asset Forfeiture CFDA99.OFA $103,000 TOTAL PUBLIC FUNDS $9,569,545 $9,569,545 $9,672,545 252. Centralized Scientific Services Appropriation (HB85) The purpose is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. TOTAL STATE FUNDS $12,160,701 $12,160,701 $12,160,701 State General Funds $12,160,701 $12,160,701 $12,160,701 TOTAL PUBLIC FUNDS $12,160,701 $12,160,701 $12,160,701 Statewide Changes 252.1 WC, GTA, and GBA State General Funds $13,840 $13,840 $13,840 One-Time Expense 252.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in agency funds received from reimbursements for medical investigative services. Rebates, Refunds, and Reimbursements Not Itemized $152,009 Changes in the Size of the Program 252.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds received from various grants. THURSDAY, FEBRUARY 16, 2006 1127 Byrne Formula Grant Program CFDA16.579 $323,304 Children's Justice Grants to States CFDA 93.643 $48,852 Injury Prevention & Control Research & State & Community Based $6,517 CFDA 93.136 Nat'l Institute of Justice Research Evaluation & Development $311,371 CFDA16.560 State and Community Highway Safety CFDA20.600 $24,828 TOTAL PUBLIC FUNDS $714,872 Centralized Scientific Services Appropriation (HB1026) The purpose is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. TOTAL STATE FUNDS $12,174,541 $12,174,541 $12,174,541 State General Funds $12,174,541 $12,174,541 $12,174,541 TOTAL FEDERAL FUNDS $714,872 Byrne Formula Grant Program CFDA16.579 $323,304 Children's Justice Grants to States CFDA 93.643 $48,852 Injury Prevention & Control Research & State & Community $6,517 Based CFDA 93.136 Nat'l Institute of Justice Research Evaluation & Development $311,371 CFDA16.560 State and Community Highway Safety CFDA20.600 $24,828 TOTAL AGENCY FUNDS $152,009 Rebates, Refunds, and Reimbursements $152,009 Rebates, Refunds, and Reimbursements Not Itemized $152,009 TOTAL PUBLIC FUNDS $12,174,541 $12,174,541 $13,041,422 253. Criminal Justice Information Services Appropriation (HB85) The purpose is to provide fingerprint identification and processing of criminal history source documents to create and update criminal history records. TOTAL STATE FUNDS $9,252,470 $9,252,470 $9,252,470 State General Funds $9,252,470 $9,252,470 $9,252,470 TOTAL PUBLIC FUNDS $9,252,470 $9,252,470 $9,252,470 1128 JOURNAL OF THE HOUSE Statewide Changes 253.1 WC, GTA, and GBA State General Funds $9,911 $9,911 $9,911 Changes in the Size of the Program 253.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds for work units, homeland security projects, telephone system upgrade, and computer-based training. Asset Forfeiture CFDA99.OFA $72,649 Byrne Formula Grant Program CFDA16.579 $493,456 National Criminal History Improvement Program CFDA16.554 $1,607,960 State Domestic Preparedness Equipment Support CFDA97.004 $12,074,034 TOTAL PUBLIC FUNDS $14,248,099 Criminal Justice Information Services Appropriation (HB1026) The purpose is to provide fingerprint identification and processing of criminal history source documents to create and update criminal history records. TOTAL STATE FUNDS $9,262,381 $9,262,381 $9,262,381 State General Funds $9,262,381 $9,262,381 $9,262,381 TOTAL FEDERAL FUNDS $14,248,099 Asset Forfeiture CFDA99.OFA $72,649 Byrne Formula Grant Program CFDA16.579 $493,456 National Criminal History Improvement Program CFDA16.554 $1,607,960 State Domestic Preparedness Equipment Support CFDA97.004 $12,074,034 TOTAL PUBLIC FUNDS $9,262,381 $9,262,381 $23,510,480 254. Georgia Information Sharing and Analysis Center Appropriation (HB85) 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 STATE FUNDS $775,258 $775,258 $775,258 State General Funds $775,258 $775,258 $775,258 TOTAL PUBLIC FUNDS $775,258 $775,258 $775,258 Statewide Changes 254.1 WC, GTA, and GBA THURSDAY, FEBRUARY 16, 2006 1129 State General Funds $990 $990 $990 Changes in the Size of the Program 254.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds awarded for homeland security projects.. Byrne Formula Grant Program CFDA16.579 $401,147 State Domestic Preparedness Equipment Support CFDA97.004 $679,329 TOTAL PUBLIC FUNDS $1,080,476 Georgia Information Sharing and Analysis Center Appropriation (HB1026) 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 STATE FUNDS $776,248 $776,248 $776,248 State General Funds $776,248 $776,248 $776,248 TOTAL FEDERAL FUNDS $1,080,476 Byrne Formula Grant Program CFDA16.579 $401,147 State Domestic Preparedness Equipment Support CFDA97.004 $679,329 TOTAL PUBLIC FUNDS $776,248 $776,248 $1,856,724 255. Regional Forensic Services Appropriation (HB85) The purpose is to provide pathology services to determine cause and manner of death. TOTAL STATE FUNDS $7,926,106 $7,926,106 $7,926,106 State General Funds $7,926,106 $7,926,106 $7,926,106 TOTAL PUBLIC FUNDS $7,926,106 $7,926,106 $7,926,106 Statewide Changes 255.1 WC, GTA, and GBA State General Funds $8,901 $8,901 $8,901 Regional Forensic Services Appropriation (HB1026) The purpose is to provide pathology services to determine cause and manner of death. TOTAL STATE FUNDS $7,935,007 $7,935,007 $7,935,007 State General Funds $7,935,007 $7,935,007 $7,935,007 TOTAL PUBLIC FUNDS $7,935,007 $7,935,007 $7,935,007 1130 JOURNAL OF THE HOUSE 256. Regional Investigative Services Appropriation (HB85) The purpose is to identify, collect, preserve, and process evidence located during crime scene examinations. TOTAL STATE FUNDS $19,213,518 $19,213,518 $19,213,518 State General Funds $19,213,518 $19,213,518 $19,213,518 TOTAL PUBLIC FUNDS $19,213,518 $19,213,518 $19,213,518 Statewide Changes 256.1 WC, GTA, and GBA State General Funds $22,833 $22,833 $22,833 One-Time Expense 256.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds received from insurance recovery to pay for a replacement vehicle. Rebates, Refunds, and Reimbursements Not Itemized $18,533 Changes in the Size of the Program 256.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognizing agency funds to pay for the assessment center promotion board, management training, federal overtime, and a radio operator position. Asset Forfeiture CFDA99.OFA $19,478 Byrne Formula Grant Program CFDA16.579 $1,239,236 Local Law Enforcement Block Grants Program CFDA16.592 $22,500 Missing Children's Assistance CFDA16.543 $148,151 Social Security Disability Insurance CFDA 96.001 $16,521 Agency to Agency Contracts $13,453 TOTAL PUBLIC FUNDS $1,459,339 Regional Investigative Services Appropriation (HB1026) The purpose is to identify, collect, preserve, and process evidence located during crime scene examinations. TOTAL STATE FUNDS $19,236,351 $19,236,351 $19,236,351 State General Funds $19,236,351 $19,236,351 $19,236,351 TOTAL FEDERAL FUNDS $1,445,886 Asset Forfeiture CFDA99.OFA $19,478 Byrne Formula Grant Program CFDA16.579 $1,239,236 Local Law Enforcement Block Grants Program CFDA16.592 $22,500 THURSDAY, FEBRUARY 16, 2006 1131 Missing Children's Assistance CFDA16.543 Social Security Disability Insurance CFDA 96.001 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency to Agency Contracts TOTAL PUBLIC FUNDS $19,236,351 $19,236,351 $148,151 $16,521 $18,533 $18,533 $18,533 $13,453 $13,453 $20,714,223 257. Special Operations Unit Appropriation (HB85) 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 STATE FUNDS $673,951 $673,951 $673,951 State General Funds $673,951 $673,951 $673,951 TOTAL PUBLIC FUNDS $673,951 $673,951 $673,951 Statewide Changes 257.1 WC, GTA, and GBA State General Funds $788 $788 $788 Changes in the Size of the Program 257.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds awarded for homeland security projects. State Domestic Preparedness Equipment Support CFDA97.004 $3,696,148 Special Operations Unit Appropriation (HB1026) 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 STATE FUNDS $674,739 $674,739 $674,739 State General Funds $674,739 $674,739 $674,739 TOTAL FEDERAL FUNDS $3,696,148 State Domestic Preparedness Equipment Support CFDA97.004 $3,696,148 TOTAL PUBLIC FUNDS $674,739 $674,739 $4,370,887 1132 JOURNAL OF THE HOUSE 258. State Healthcare Fraud Unit Appropriation (HB85) The purpose is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. TOTAL STATE FUNDS $1,092,276 $1,092,276 $1,092,276 State General Funds $1,092,276 $1,092,276 $1,092,276 TOTAL PUBLIC FUNDS $1,092,276 $1,092,276 $1,092,276 Statewide Changes 258.1 WC, GTA, and GBA State General Funds $697 $697 $697 Changes in the Size of the Program 258.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognizing agency funds received from court ordered restitutions. State Medicaid Fraud Control Units CFDA 93.775 $1,305,438 Sales and Services Not Itemized $20,364 TOTAL PUBLIC FUNDS $1,325,802 State Healthcare Fraud Unit Appropriation (HB1026) The purpose is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. TOTAL STATE FUNDS $1,092,973 $1,092,973 $1,092,973 State General Funds $1,092,973 $1,092,973 $1,092,973 TOTAL FEDERAL FUNDS $1,305,438 State Medicaid Fraud Control Units CFDA 93.775 $1,305,438 TOTAL AGENCY FUNDS $20,364 Sales and Services $20,364 Sales and Services Not Itemized $20,364 TOTAL PUBLIC FUNDS $1,092,973 $1,092,973 $2,418,775 259. Task Forces Appropriation (HB85) The purpose is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. TOTAL STATE FUNDS $1,033,347 $1,033,347 $1,033,347 State General Funds $1,033,347 $1,033,347 $1,033,347 TOTAL PUBLIC FUNDS $1,033,347 $1,033,347 $1,033,347 THURSDAY, FEBRUARY 16, 2006 1133 Statewide Changes 259.1 WC, GTA, and GBA State General Funds $1,409 $1,409 $1,409 Changes in the Size of the Program 259.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds for the High Intensity Drug Traffic Areas program. Drug-Free Communities Support Program Grants CFDA93.276 $151,627 Task Forces Appropriation (HB1026) The purpose is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. TOTAL STATE FUNDS $1,034,756 $1,034,756 $1,034,756 State General Funds $1,034,756 $1,034,756 $1,034,756 TOTAL FEDERAL FUNDS $151,627 Drug-Free Communities Support Program Grants CFDA93.276 $151,627 TOTAL PUBLIC FUNDS $1,034,756 $1,034,756 $1,186,383 260. Criminal Justice Coordinating Council Appropriation (HB85) 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 STATE FUNDS $818,629 $818,629 $818,629 State General Funds $818,629 $818,629 $818,629 TOTAL FEDERAL FUNDS $29,876,675 $29,876,675 $29,876,675 Byrne Formula Grant Program CFDA16.579 $11,038,527 $11,038,527 $11,038,527 Community Prosecution & Project Safe Neighborhoods $158,788 $158,788 $158,788 CFDA16.609 Crime Laboratory Improvement-DNA Backlog Reduction $127,909 $127,909 $127,909 CFDA16.564 Crime Victim Assistance CFDA16.575 $10,608,946 $10,608,946 $10,608,946 Crime Victim Assistance/Discretionary Grants CFDA16.582 $51,446 $51,446 $51,446 Crime Victim Compensation CFDA16.576 $160,677 $160,677 $160,677 Local Law Enforcement Block Grants Program CFDA16.592 $96,333 $96,333 $96,333 Offender Reentry Program CFDA16.202 $500,000 $500,000 $500,000 1134 JOURNAL OF THE HOUSE Residential Substance Abuse Treatment-State Prisoners $1,092,888 $1,092,888 $1,092,888 CFDA16.593 Rural Domestic Violence & Child Victimization CFDA16.589 $177,373 $177,373 $177,373 State Justice Statistics-Statistical Analysis Centers CFDA16.550 $50,000 $50,000 $50,000 Violence Against Women Formula Grants CFDA16.588 $3,500,000 $3,500,000 $3,500,000 Violent Offender Incarceration & Truth in Sentencing CFDA16.586 $2,313,788 $2,313,788 $2,313,788 TOTAL AGENCY FUNDS $4,671,438 $4,671,438 $4,671,438 Sales and Services $4,671,438 $4,671,438 $4,671,438 Collection/Administrative Fees $4,671,438 $4,671,438 $4,671,438 TOTAL PUBLIC FUNDS $35,366,742 $35,366,742 $35,366,742 Statewide Changes 260.1 WC, GTA, and GBA State General Funds $387 $387 $387 One-Time Expense 260.7 Grants to assist Sheriffs in the implementation of Court House Security plans. State General Funds $500,000 Changes in the Size of the Program 260.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to provide direct services to crime victims. Crime Victim Assistance CFDA16.575 $40,000 260.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to improve the criminal justice system's response to violence against women. Violence Against Women Formula Grants CFDA16.588 $344,194 260.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to provide training and equipment to local law enforcement. Local Law Enforcement Block Grants Program CFDA16.592 $727,337 260.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to control violent, drug related crime, and support national drug control priorities. Byrne Formula Grant Program CFDA16.579 $6,042,000 260.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in agency funds collected from the Crime Victim Emergency Fund. THURSDAY, FEBRUARY 16, 2006 1135 Collection/Administrative Fees $4,041,000 Criminal Justice Coordinating Council Appropriation (HB1026) 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 STATE FUNDS $819,016 $819,016 $1,319,016 State General Funds $819,016 $819,016 $1,319,016 TOTAL FEDERAL FUNDS $29,876,675 $29,876,675 $37,030,206 Byrne Formula Grant Program CFDA16.579 $11,038,527 $11,038,527 $17,080,527 Community Prosecution & Project Safe Neighborhoods $158,788 $158,788 $158,788 CFDA16.609 Crime Laboratory Improvement-DNA Backlog Reduction $127,909 $127,909 $127,909 CFDA16.564 Crime Victim Assistance CFDA16.575 $10,608,946 $10,608,946 $10,648,946 Crime Victim Assistance/Discretionary Grants CFDA16.582 $51,446 $51,446 $51,446 Crime Victim Compensation CFDA16.576 $160,677 $160,677 $160,677 Local Law Enforcement Block Grants Program CFDA16.592 $96,333 $96,333 $823,670 Offender Reentry Program CFDA16.202 $500,000 $500,000 $500,000 Residential Substance Abuse Treatment-State Prisoners $1,092,888 $1,092,888 $1,092,888 CFDA16.593 Rural Domestic Violence & Child Victimization CFDA16.589 $177,373 $177,373 $177,373 State Justice Statistics-Statistical Analysis Centers CFDA16.550 $50,000 $50,000 $50,000 Violence Against Women Formula Grants CFDA16.588 $3,500,000 $3,500,000 $3,844,194 Violent Offender Incarceration & Truth in Sentencing CFDA16.586 $2,313,788 $2,313,788 $2,313,788 TOTAL AGENCY FUNDS $4,671,438 $4,671,438 $8,712,438 Sales and Services $4,671,438 $4,671,438 $8,712,438 Collection/Administrative Fees $4,671,438 $4,671,438 $8,712,438 TOTAL PUBLIC FUNDS $35,367,129 $35,367,129 $47,061,660 Section 30: Juvenile Justice, Department of TOTAL STATE FUNDS Section Total (HB85) $284,564,467 $284,564,467 $284,564,467 1136 JOURNAL OF THE HOUSE State General Funds TOTAL FEDERAL FUNDS Foster Care Title IV-E CFDA93.658 Juvenile Justice & Delinquency Prevention CFDA16.54 Medical Assistance Program CFDA93.778 National School Lunch Program CFDA10.555 Program for Neglected and Delinquent Children CFDA84.013 Residential Substance Abuse Treatment-State Prisoners CFDA16.593 TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS 21 Century Community Learning Centers CFDA84.287 Abstinence Education Program CFDA 93.235 Community Prosecution & Project Safe Neighborhoods CFDA16.609 Delinquency Prevention Program - Title V CFDA16.548 Employment & Training Admin. Pilots, Demonstrations, & Research CFDA17.261 Enforcing Underage Drinking Laws Program CFDA16.727 Foster Care Title IV-E CFDA93.658 Improving Teacher Quality State Grant CFDA84.367 Juvenile Accountability Incentive Block Grants CFDA16.523 Juvenile Justice & Delinquency Prevention CFDA16.54 Medical Assistance Program CFDA93.778 National School Lunch Program CFDA10.555 Offender Reentry Program CFDA16.202 Part E State Challenge Activities CFDA16.549 $284,564,467 $21,119,067 $5,237,264 $1,861,000 $9,132,956 $3,855,791 $832,056 $200,000 $284,564,467 $21,119,067 $5,237,264 $1,861,000 $9,132,956 $3,855,791 $832,056 $200,000 $284,564,467 $21,119,067 $5,237,264 $1,861,000 $9,132,956 $3,855,791 $832,056 $200,000 $144,960 $144,960 $305,828,494 $305,828,494 Final Section Totals $284,895,413 $284,895,413 $284,895,413 $284,895,413 $21,119,067 $21,119,067 $144,960 $305,828,494 $284,895,413 $284,895,413 $33,761,506 $484,244 $2,438,017 $256,591 $762,330 $684,704 $5,237,264 $1,861,000 $9,132,956 $3,855,791 $5,237,264 $1,861,000 $9,132,956 $3,855,791 $407,052 $5,237,264 $200,775 $2,964,729 $3,194,389 $9,179,544 $3,855,791 $335,291 $324,485 THURSDAY, FEBRUARY 16, 2006 1137 Program for Neglected and Delinquent Children CFDA84.013 Residential Substance Abuse Treatment-State Prisoners CFDA16.593 Safe and Drug-free Schools and Communities CFDA84.186 Special Education Grants to States CFDA 84.027 State Grants for Innovative Programs CFDA84.298 Substance Abuse and Mental Health Services, Projects of Regional and National Significance Vocational Education Basic Grants CFDA84.048 TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS $832,056 $200,000 $832,056 $200,000 $1,059,466 $413,657 $5,631 $1,179,422 $29,056 $591,291 $144,960 $306,159,440 $144,960 $306,159,440 $157,777 $108,577 $88,092 $20,485 $545,744 $319,311,240 261. Community Supervision Appropriation (HB85) The purpose is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens. TOTAL STATE FUNDS $36,202,265 $36,202,265 $36,202,265 State General Funds $36,202,265 $36,202,265 $36,202,265 TOTAL FEDERAL FUNDS $4,347,003 $4,347,003 $4,347,003 Foster Care Title IV-E CFDA93.658 $4,291,027 $4,291,027 $4,291,027 Medical Assistance Program CFDA93.778 $55,976 $55,976 $55,976 TOTAL PUBLIC FUNDS $40,549,268 $40,549,268 $40,549,268 Statewide Changes 261.1 WC, GTA, and GBA State General Funds $53,298 $53,298 $53,298 Changes in the Size of the Program 261.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognizing agency funds for operating expenses, education, and workforce training. Community Prosecution & Project Safe Neighborhoods CFDA16.609 $256,591 1138 JOURNAL OF THE HOUSE Juvenile Accountability Incentive Block Grants CFDA16.523 $475,142 Offender Reentry Program CFDA16.202 $335,291 Agency Funds Prior Year $44,336 TOTAL PUBLIC FUNDS $1,111,360 Community Supervision Appropriation (HB1026) The purpose is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens. TOTAL STATE FUNDS $36,255,563 $36,255,563 $36,255,563 State General Funds $36,255,563 $36,255,563 $36,255,563 TOTAL FEDERAL FUNDS $4,347,003 $4,347,003 $5,414,027 Community Prosecution & Project Safe Neighborhoods $256,591 CFDA16.609 Foster Care Title IV-E CFDA93.658 $4,291,027 $4,291,027 $4,291,027 Juvenile Accountability Incentive Block Grants CFDA16.523 $475,142 Medical Assistance Program CFDA93.778 $55,976 $55,976 $55,976 Offender Reentry Program CFDA16.202 $335,291 TOTAL AGENCY FUNDS $44,336 Reserved Fund Balances $44,336 Agency Funds Prior Year $44,336 TOTAL PUBLIC FUNDS $40,602,566 $40,602,566 $41,713,926 262. Departmental Administration Appropriation (HB85) 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 STATE FUNDS $26,168,662 $26,168,662 $26,168,662 State General Funds $26,168,662 $26,168,662 $26,168,662 TOTAL FEDERAL FUNDS $198,219 $198,219 $198,219 Medical Assistance Program CFDA93.778 $20,598 $20,598 $20,598 National School Lunch Program CFDA10.555 $177,621 $177,621 $177,621 TOTAL PUBLIC FUNDS $26,366,881 $26,366,881 $26,366,881 THURSDAY, FEBRUARY 16, 2006 1139 Statewide Changes 262.1 WC, GTA, and GBA State General Funds $29,240 $29,240 $29,240 Changes in the Size of the Program 262.2 Transfer funds from the Non-Secure Commitment program and the Secure Commitment program. State General Funds $177,557 $177,557 $177,557 262.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognize agency funds for operating expenses, substance abuse treatment, and workforce training. 21 Century Community Learning Centers CFDA84.287 $464,244 Improving Teacher Quality State Grant CFDA84.367 $200,775 Medical Assistance Program CFDA93.778 $46,588 Program for Neglected and Delinquent Children CFDA84.013 $227,410 Safe and Drug-free Schools and Communities CFDA84.186 $5,631 Special Education Grants to States CFDA 84.027 $910,422 State Grants for Innovative Programs CFDA84.298 $29,056 Substance Abuse and Mental Health Services, Projects of Regional $591,291 and National Significance Vocational Education Basic Grants CFDA84.048 $157,777 Collection/Administrative Fees $7,385 TOTAL PUBLIC FUNDS $2,640,579 Departmental Administration Appropriation (HB1026) 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 STATE FUNDS $26,375,459 $26,375,459 $26,375,459 State General Funds $26,375,459 $26,375,459 $26,375,459 TOTAL FEDERAL FUNDS $198,219 $198,219 $2,831,413 21 Century Community Learning Centers CFDA84.287 $464,244 Improving Teacher Quality State Grant CFDA84.367 $200,775 Medical Assistance Program CFDA93.778 $20,598 $20,598 $67,186 National School Lunch Program CFDA10.555 $177,621 $177,621 $177,621 Program for Neglected and Delinquent Children CFDA84.013 $227,410 1140 JOURNAL OF THE HOUSE Safe and Drug-free Schools and Communities CFDA84.186 Special Education Grants to States CFDA 84.027 State Grants for Innovative Programs CFDA84.298 Substance Abuse and Mental Health Services, Projects of Regional and National Significance Vocational Education Basic Grants CFDA84.048 TOTAL AGENCY FUNDS Sales and Services Collection/Administrative Fees TOTAL PUBLIC FUNDS $26,573,678 $26,573,678 $5,631 $910,422 $29,056 $591,291 $157,777 $7,385 $7,385 $7,385 $29,214,257 263. Non-secure Commitment Appropriation (HB85) 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 STATE FUNDS $38,464,748 $38,464,748 $38,464,748 State General Funds $38,464,748 $38,464,748 $38,464,748 TOTAL FEDERAL FUNDS $10,002,619 $10,002,619 $10,002,619 Foster Care Title IV-E CFDA93.658 $946,237 $946,237 $946,237 Medical Assistance Program CFDA93.778 $9,056,382 $9,056,382 $9,056,382 TOTAL PUBLIC FUNDS $48,467,367 $48,467,367 $48,467,367 Statewide Changes 263.1 WC, GTA, and GBA State General Funds $941 $941 $941 Changes in the Size of the Program 263.2 Transfer funds to the Administration program and the Secure Detention program. State General Funds ($468,733) ($468,733) ($468,733) Non-secure Commitment Appropriation (HB1026) 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 STATE FUNDS $37,996,956 $37,996,956 $37,996,956 State General Funds $37,996,956 $37,996,956 $37,996,956 THURSDAY, FEBRUARY 16, 2006 1141 TOTAL FEDERAL FUNDS Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $10,002,619 $946,237 $9,056,382 $47,999,575 $10,002,619 $946,237 $9,056,382 $47,999,575 $10,002,619 $946,237 $9,056,382 $47,999,575 264. Non-secure Detention Appropriation (HB85) 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 STATE FUNDS $9,088,116 $9,088,116 $9,088,116 State General Funds $9,088,116 $9,088,116 $9,088,116 TOTAL PUBLIC FUNDS $9,088,116 $9,088,116 $9,088,116 Statewide Changes 264.1 WC, GTA, and GBA State General Funds $2,574 $2,574 $2,574 Non-secure Detention Appropriation (HB1026) 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 STATE FUNDS $9,090,690 $9,090,690 $9,090,690 State General Funds $9,090,690 $9,090,690 $9,090,690 TOTAL PUBLIC FUNDS $9,090,690 $9,090,690 $9,090,690 265. Secure Commitment (YDCs) Appropriation (HB85) The purpose is to protect the public, hold youth accountable for their actions, and assist juvenile offenders in becoming law-abiding citizens. TOTAL STATE FUNDS $83,766,215 $83,766,215 $83,766,215 State General Funds $83,766,215 $83,766,215 $83,766,215 TOTAL FEDERAL FUNDS $3,302,426 $3,302,426 $3,302,426 National School Lunch Program CFDA10.555 $2,270,370 $2,270,370 $2,270,370 Program for Neglected and Delinquent Children CFDA84.013 $832,056 $832,056 $832,056 Residential Substance Abuse Treatment-State Prisoners $200,000 $200,000 $200,000 CFDA16.593 1142 JOURNAL OF THE HOUSE TOTAL INTRA-STATE GOVERNMENT TRANSFERS $48,800 $48,800 $48,800 Agency to Agency Contracts $48,800 $48,800 $48,800 TOTAL PUBLIC FUNDS $87,117,441 $87,117,441 $87,117,441 Statewide Changes 265.1 WC, GTA, and GBA State General Funds $104,402 $104,402 $104,402 Changes in the Size of the Program 265.2 Transfer funds to the Administration program and the Secure Detention program. State General Funds ($58,011) ($58,011) ($58,011) 265.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognize agency funds for operating expenses, substance abuse treatment, and workforce training. 21 Century Community Learning Centers CFDA84.287 $20,000 Employment & Training Admin. Pilots, Demonstrations, & Research $684,704 CFDA17.261 Residential Substance Abuse Treatment-State Prisoners $213,657 CFDA16.593 Special Education Grants to States CFDA 84.027 $225,115 Agency to Agency Contracts $37,463 TOTAL PUBLIC FUNDS $1,180,939 Secure Commitment (YDCs) Appropriation (HB1026) The purpose is to protect the public, hold youth accountable for their actions, and assist juvenile offenders in becoming law-abiding citizens. TOTAL STATE FUNDS $83,812,606 $83,812,606 $83,812,606 State General Funds $83,812,606 $83,812,606 $83,812,606 TOTAL FEDERAL FUNDS $3,302,426 $3,302,426 $4,445,902 21 Century Community Learning Centers CFDA84.287 $20,000 Employment & Training Admin. Pilots, Demonstrations, & $684,704 Research CFDA17.261 National School Lunch Program CFDA10.555 $2,270,370 $2,270,370 $2,270,370 Program for Neglected and Delinquent Children CFDA84.013 $832,056 $832,056 $832,056 Residential Substance Abuse Treatment-State Prisoners $200,000 $200,000 $413,657 THURSDAY, FEBRUARY 16, 2006 1143 CFDA16.593 Special Education Grants to States CFDA 84.027 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency to Agency Contracts TOTAL PUBLIC FUNDS $48,800 $48,800 $87,163,832 $48,800 $48,800 $87,163,832 $225,115 $86,263 $86,263 $88,344,771 266. Secure Detention (RYDCs) Appropriation (HB85) 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 STATE FUNDS $89,536,547 $89,536,547 $89,536,547 State General Funds $89,536,547 $89,536,547 $89,536,547 TOTAL FEDERAL FUNDS $1,407,800 $1,407,800 $1,407,800 National School Lunch Program CFDA10.555 $1,407,800 $1,407,800 $1,407,800 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $96,160 $96,160 $96,160 Agency to Agency Contracts $96,160 $96,160 $96,160 TOTAL PUBLIC FUNDS $91,040,507 $91,040,507 $91,040,507 Statewide Changes 266.1 WC, GTA, and GBA State General Funds $139,972 $139,972 $139,972 Changes in the Size of the Program 266.2 Transfer funds from the Non-Secure Commitment program and the Secure Commitment program. State General Funds $349,187 $349,187 $349,187 266.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds for education programs for youth. Special Education Grants to States CFDA 84.027 $43,885 Secure Detention (RYDCs) Appropriation (HB1026) 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 STATE FUNDS $90,025,706 $90,025,706 $90,025,706 State General Funds $90,025,706 $90,025,706 $90,025,706 TOTAL FEDERAL FUNDS $1,407,800 $1,407,800 $1,451,685 1144 JOURNAL OF THE HOUSE National School Lunch Program CFDA10.555 Special Education Grants to States CFDA 84.027 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency to Agency Contracts TOTAL PUBLIC FUNDS $1,407,800 $96,160 $96,160 $91,529,666 $1,407,800 $96,160 $96,160 $91,529,666 $1,407,800 $43,885 $96,160 $96,160 $91,573,551 267. Children and Youth Coordinating Council Appropriation (HB85) The purpose is to assist local communities in preventing and reducing juvenile delinquency. TOTAL STATE FUNDS $1,337,914 $1,337,914 $1,337,914 State General Funds $1,337,914 $1,337,914 $1,337,914 TOTAL FEDERAL FUNDS $1,861,000 $1,861,000 $1,861,000 Juvenile Justice & Delinquency Prevention CFDA16.54 $1,861,000 $1,861,000 $1,861,000 TOTAL PUBLIC FUNDS $3,198,914 $3,198,914 $3,198,914 Statewide Changes 267.1 WC, GTA, and GBA State General Funds $519 $519 $519 Changes in the Size of the Program 267.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognize agency funds for operating expenses and various grants. Abstinence Education Program CFDA 93.235 $2,438,017 Delinquency Prevention Program - Title V CFDA16.548 $762,330 Enforcing Underage Drinking Laws Program CFDA16.727 $407,052 Juvenile Accountability Incentive Block Grants CFDA16.523 $2,489,587 Juvenile Justice & Delinquency Prevention CFDA16.54 $1,333,389 Part E State Challenge Activities CFDA16.549 $324,485 Agency Funds Prior Year $43,756 Collection/Administrative Fees $12,600 Sales and Services Not Itemized $500 Agency to Agency Contracts $363,321 TOTAL PUBLIC FUNDS $8,175,037 THURSDAY, FEBRUARY 16, 2006 Children and Youth Coordinating Council Appropriation (HB1026) The purpose is to assist local communities in preventing and reducing juvenile delinquency. TOTAL STATE FUNDS $1,338,433 $1,338,433 $1,338,433 State General Funds $1,338,433 $1,338,433 $1,338,433 TOTAL FEDERAL FUNDS $1,861,000 $1,861,000 $9,615,860 Abstinence Education Program CFDA 93.235 $2,438,017 Delinquency Prevention Program - Title V CFDA16.548 $762,330 Enforcing Underage Drinking Laws Program CFDA16.727 $407,052 Juvenile Accountability Incentive Block Grants CFDA16.523 $2,489,587 Juvenile Justice & Delinquency Prevention CFDA16.54 $1,861,000 $1,861,000 $3,194,389 Part E State Challenge Activities CFDA16.549 $324,485 TOTAL AGENCY FUNDS $56,856 Reserved Fund Balances $43,756 Agency Funds Prior Year $43,756 Sales and Services $13,100 Collection/Administrative Fees $12,600 Sales and Services Not Itemized $500 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $363,321 Agency to Agency Contracts $363,321 TOTAL PUBLIC FUNDS $3,199,433 $3,199,433 $11,374,470 Section 31: Labor, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Compensation & Working Conditions CFDA17.005 Disabled Veterans' Outreach Program CFDA17.801 Employment Service CFDA17.207 Employment Svcs-Individuals with Severe Disabilities CFDA84.187 Independent Living-State Grants CFDA84.169 Section Total (HB85) $51,010,633 $51,010,633 $51,010,633 $51,010,633 $273,983,612 $273,983,612 $2,418,425 $2,418,425 $2,295,499 $2,295,499 $20,814,198 $20,814,198 $910,195 $910,195 $514,980 $514,980 $51,010,633 $51,010,633 $273,983,612 $2,418,425 $2,295,499 $20,814,198 $910,195 $514,980 1145 1146 JOURNAL OF THE HOUSE Local Veterans' Employment Representative Program CFDA17.804 National School Lunch Program CFDA10.555 Rehab Services-Vocational Rehabilitation Grants to States CFDA84.126 Social Security Disability Insurance CFDA 96.001 Temporary Assistance for Needy Families Unemployment Insurance CFDA17.225 Workforce Investment Act Adult Program CFDA17.258 Workforce Investment Act Dislocated Workers CFDA17.260 Workforce Investment Act Youth Activities CFDA17.259 TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Compensation & Working Conditions CFDA17.005 Disabled Veterans' Outreach Program CFDA17.801 Employment Service CFDA17.207 Employment Svcs-Individuals with Severe Disabilities CFDA84.187 Independent Living-State Grants CFDA84.169 Local Veterans' Employment Representative Program CFDA17.804 National School Lunch Program CFDA10.555 Rehab Services-Vocational Rehabilitation Grants to States CFDA84.126 Social Security Disability Insurance CFDA 96.001 Temporary Assistance for Needy Families Unemployment Insurance CFDA17.225 $2,180,726 $2,180,726 $4,800 $73,274,003 $4,800 $73,274,003 $56,275,688 $56,275,688 $12,901,218 $12,901,218 $40,832,695 $40,832,695 $19,029,386 $19,029,386 $23,984,118 $23,984,118 $18,547,681 $18,547,681 $30,335,111 $30,335,111 $30,335,111 $30,335,111 $355,329,356 $355,329,356 Final Section Totals $53,757,359 $53,757,359 $53,757,359 $53,757,359 $273,983,612 $273,983,612 $2,418,425 $2,418,425 $2,295,499 $2,295,499 $20,814,198 $20,814,198 $910,195 $910,195 $514,980 $514,980 $2,180,726 $2,180,726 $4,800 $73,274,003 $4,800 $73,274,003 $56,275,688 $12,901,218 $40,832,695 $56,275,688 $12,901,218 $40,832,695 $2,180,726 $4,800 $73,274,003 $56,275,688 $12,901,218 $40,832,695 $19,029,386 $23,984,118 $18,547,681 $30,335,111 $30,335,111 $355,329,356 $53,816,359 $53,816,359 $271,409,563 $2,418,425 $2,295,499 $20,814,198 $910,195 $514,980 $2,180,726 $4,800 $73,601,172 $56,275,688 $10,000,000 $40,832,695 THURSDAY, FEBRUARY 16, 2006 1147 Workforce Investment Act Adult Program CFDA17.258 Workforce Investment Act Dislocated Workers CFDA17.260 Workforce Investment Act Youth Activities CFDA17.259 TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $19,029,386 $23,984,118 $18,547,681 $30,335,111 $30,335,111 $358,076,082 $19,029,386 $23,984,118 $18,547,681 $30,335,111 $30,335,111 $358,076,082 $19,029,386 $23,984,118 $18,547,681 $30,335,111 $30,335,111 $355,561,033 268. Business Enterprise Program Appropriation (HB85) The purpose is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $339,720 $339,720 $339,720 State General Funds $339,720 $339,720 $339,720 TOTAL FEDERAL FUNDS $1,316,085 $1,316,085 $1,316,085 Rehab Services-Vocational Rehabilitation Grants to States $1,316,085 $1,316,085 $1,316,085 CFDA84.126 TOTAL PUBLIC FUNDS $1,655,805 $1,655,805 $1,655,805 Statewide Changes 268.1 WC, GTA, and GBA State General Funds $825 $825 $825 Business Enterprise Program Appropriation (HB1026) The purpose is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $340,545 $340,545 $340,545 State General Funds $340,545 $340,545 $340,545 TOTAL FEDERAL FUNDS $1,316,085 $1,316,085 $1,316,085 Rehab Services-Vocational Rehabilitation Grants to States $1,316,085 $1,316,085 $1,316,085 CFDA84.126 TOTAL PUBLIC FUNDS $1,656,630 $1,656,630 $1,656,630 269. Department of Labor Administration Appropriation (HB85) 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 STATE FUNDS $3,236,310 $3,236,310 $3,236,310 1148 JOURNAL OF THE HOUSE State General Funds $3,236,310 $3,236,310 $3,236,310 TOTAL FEDERAL FUNDS $10,859,310 $10,859,310 $10,859,310 Disabled Veterans' Outreach Program CFDA17.801 $197,594 $197,594 $197,594 Employment Service CFDA17.207 $2,178,187 $2,178,187 $2,178,187 Local Veterans' Employment Representative Program $187,715 $187,715 $187,715 CFDA17.804 Unemployment Insurance CFDA17.225 $4,221,879 $4,221,879 $4,221,879 Workforce Investment Act Adult Program CFDA17.258 $1,259,308 $1,259,308 $1,259,308 Workforce Investment Act Dislocated Workers CFDA17.260 $1,587,197 $1,587,197 $1,587,197 Workforce Investment Act Youth Activities CFDA17.259 $1,227,430 $1,227,430 $1,227,430 TOTAL PUBLIC FUNDS $14,095,620 $14,095,620 $14,095,620 Statewide Changes 269.1 WC, GTA, and GBA State General Funds $11,464 $11,464 $11,464 Department of Labor Administration Appropriation (HB1026) 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 STATE FUNDS $3,247,774 $3,247,774 $3,247,774 State General Funds $3,247,774 $3,247,774 $3,247,774 TOTAL FEDERAL FUNDS $10,859,310 $10,859,310 $10,859,310 Disabled Veterans' Outreach Program CFDA17.801 $197,594 $197,594 $197,594 Employment Service CFDA17.207 $2,178,187 $2,178,187 $2,178,187 Local Veterans' Employment Representative Program $187,715 $187,715 $187,715 CFDA17.804 Unemployment Insurance CFDA17.225 $4,221,879 $4,221,879 $4,221,879 Workforce Investment Act Adult Program CFDA17.258 $1,259,308 $1,259,308 $1,259,308 Workforce Investment Act Dislocated Workers CFDA17.260 $1,587,197 $1,587,197 $1,587,197 Workforce Investment Act Youth Activities CFDA17.259 $1,227,430 $1,227,430 $1,227,430 TOTAL PUBLIC FUNDS $14,107,084 $14,107,084 $14,107,084 THURSDAY, FEBRUARY 16, 2006 1149 270. Disability Adjudication Section Appropriation (HB85) The purpose is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. TOTAL FEDERAL FUNDS $55,598,820 $55,598,820 $55,598,820 Social Security Disability Insurance CFDA 96.001 $55,598,820 $55,598,820 $55,598,820 TOTAL PUBLIC FUNDS $55,598,820 $55,598,820 $55,598,820 Disability Adjudication Section Appropriation (HB1026) The purpose is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. TOTAL FEDERAL FUNDS $55,598,820 $55,598,820 $55,598,820 Social Security Disability Insurance CFDA 96.001 $55,598,820 $55,598,820 $55,598,820 TOTAL PUBLIC FUNDS $55,598,820 $55,598,820 $55,598,820 271. Division of Rehabilitation Administration Appropriation (HB85) The purpose is to help people with disabilities to become fully productive members of society by achieving independence and meaningful employment. TOTAL STATE FUNDS $2,167,612 $2,167,612 $2,167,612 State General Funds $2,167,612 $2,167,612 $2,167,612 TOTAL FEDERAL FUNDS $1,481,868 $1,481,868 $1,481,868 Rehab Services-Vocational Rehabilitation Grants to States $805,000 $805,000 $805,000 CFDA84.126 Social Security Disability Insurance CFDA 96.001 $676,868 $676,868 $676,868 TOTAL PUBLIC FUNDS $3,649,480 $3,649,480 $3,649,480 Statewide Changes 271.1 WC, GTA, and GBA State General Funds $5,090 $5,090 $5,090 Division of Rehabilitation Administration Appropriation (HB1026) The purpose is to help people with disabilities to become fully productive members of society by achieving independence and meaningful employment. TOTAL STATE FUNDS $2,172,702 $2,172,702 $2,172,702 State General Funds $2,172,702 $2,172,702 $2,172,702 1150 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS Rehab Services-Vocational Rehabilitation Grants to States CFDA84.126 Social Security Disability Insurance CFDA 96.001 TOTAL PUBLIC FUNDS $1,481,868 $805,000 $676,868 $3,654,570 $1,481,868 $805,000 $676,868 $3,654,570 $1,481,868 $805,000 $676,868 $3,654,570 272. Georgia Industries for the Blind Appropriation (HB85) The purpose is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL STATE FUNDS $692,348 $692,348 $692,348 State General Funds $692,348 $692,348 $692,348 TOTAL AGENCY FUNDS $11,099,375 $11,099,375 $11,099,375 Sales and Services $11,099,375 $11,099,375 $11,099,375 Income Received by Georgia Institute for the Blind For Goods $11,099,375 $11,099,375 $11,099,375 Sold TOTAL PUBLIC FUNDS $11,791,723 $11,791,723 $11,791,723 Statewide Changes 272.1 WC, GTA, and GBA State General Funds $3,204 $3,204 $3,204 Georgia Industries for the Blind Appropriation (HB1026) The purpose is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL STATE FUNDS $695,552 $695,552 $695,552 State General Funds $695,552 $695,552 $695,552 TOTAL AGENCY FUNDS $11,099,375 $11,099,375 $11,099,375 Sales and Services $11,099,375 $11,099,375 $11,099,375 Income Received by Georgia Institute for the Blind For Goods $11,099,375 $11,099,375 $11,099,375 Sold TOTAL PUBLIC FUNDS $11,794,927 $11,794,927 $11,794,927 273. Labor Market Information Appropriation (HB85) The purpose is to collect, analyze, and publish a wide array of information about the state's labor market. TOTAL STATE FUNDS $671,271 $671,271 $671,271 THURSDAY, FEBRUARY 16, 2006 1151 State General Funds $671,271 $671,271 $671,271 TOTAL FEDERAL FUNDS $2,249,873 $2,249,873 $2,249,873 Compensation & Working Conditions CFDA17.005 $2,249,873 $2,249,873 $2,249,873 TOTAL PUBLIC FUNDS $2,921,144 $2,921,144 $2,921,144 Statewide Changes 273.1 WC, GTA, and GBA State General Funds $2,717 $2,717 $2,717 Changes in Operations / Administration 273.2 Increase funding (S:Per 42 U.S.C. 503(a)(1) move funds collected under Administrative Assessments to eligible programs). State General Funds $65,154 $65,154 $0 Labor Market Information Appropriation (HB1026) The purpose is to collect, analyze, and publish a wide array of information about the state's labor market. TOTAL STATE FUNDS $739,142 $739,142 $673,988 State General Funds $739,142 $739,142 $673,988 TOTAL FEDERAL FUNDS $2,249,873 $2,249,873 $2,249,873 Compensation & Working Conditions CFDA17.005 $2,249,873 $2,249,873 $2,249,873 TOTAL PUBLIC FUNDS $2,989,015 $2,989,015 $2,923,861 274. Roosevelt Warm Springs Institute Appropriation (HB85) The purpose is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $6,662,908 $6,662,908 $6,662,908 State General Funds $6,662,908 $6,662,908 $6,662,908 TOTAL FEDERAL FUNDS $6,237,969 $6,237,969 $6,237,969 National School Lunch Program CFDA10.555 $4,800 $4,800 $4,800 Rehab Services-Vocational Rehabilitation Grants to States $6,233,169 $6,233,169 $6,233,169 CFDA84.126 TOTAL AGENCY FUNDS $18,429,520 $18,429,520 $18,429,520 Sales and Services $18,429,520 $18,429,520 $18,429,520 Patient Payments from Third Party Insurers per 31-2-2 and $17,537,849 $17,537,849 $17,537,849 Patients 1152 JOURNAL OF THE HOUSE Sales and Services Not Itemized $891,671 $891,671 $891,671 TOTAL PUBLIC FUNDS $31,330,397 $31,330,397 $31,330,397 Statewide Changes 274.1 WC, GTA, and GBA State General Funds $21,008 $21,008 $21,008 One-Time Expense 274.2 Increase funding to cover expense of housing a group home displaced by Hurricane Katrina (S:Per 42 U.S.C. 503(a)(1) move funds collected under Administrative Assessments to eligible programs). State General Funds $41,127 $41,127 $0 Changes in How the Program is Funded 274.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Rehab Services-Vocational Rehabilitation Grants to States $140,953 CFDA84.126 Roosevelt Warm Springs Institute Appropriation (HB1026) The purpose is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $6,725,043 $6,725,043 $6,683,916 State General Funds $6,725,043 $6,725,043 $6,683,916 TOTAL FEDERAL FUNDS $6,237,969 $6,237,969 $6,378,922 National School Lunch Program CFDA10.555 $4,800 $4,800 $4,800 Rehab Services-Vocational Rehabilitation Grants to States $6,233,169 $6,233,169 $6,374,122 CFDA84.126 TOTAL AGENCY FUNDS $18,429,520 $18,429,520 $18,429,520 Sales and Services $18,429,520 $18,429,520 $18,429,520 Patient Payments from Third Party Insurers per 31-2-2 and $17,537,849 $17,537,849 $17,537,849 Patients Sales and Services Not Itemized $891,671 $891,671 $891,671 TOTAL PUBLIC FUNDS $31,392,532 $31,392,532 $31,492,358 275. Safety Inspections Appropriation (HB85) The purpose is to promote and protect public safety, to provide training and information on workplace exposure to THURSDAY, FEBRUARY 16, 2006 1153 hazardous chemicals, and to promote industrial safety. TOTAL STATE FUNDS $2,664,002 $2,664,002 $2,664,002 State General Funds $2,664,002 $2,664,002 $2,664,002 TOTAL FEDERAL FUNDS $168,552 $168,552 $168,552 Compensation & Working Conditions CFDA17.005 $168,552 $168,552 $168,552 TOTAL PUBLIC FUNDS $2,832,554 $2,832,554 $2,832,554 Statewide Changes 275.1 WC, GTA, and GBA State General Funds $9,261 $9,261 $9,261 Safety Inspections Appropriation (HB1026) 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 STATE FUNDS $2,673,263 $2,673,263 $2,673,263 State General Funds $2,673,263 $2,673,263 $2,673,263 TOTAL FEDERAL FUNDS $168,552 $168,552 $168,552 Compensation & Working Conditions CFDA17.005 $168,552 $168,552 $168,552 TOTAL PUBLIC FUNDS $2,841,815 $2,841,815 $2,841,815 276. Unemployment Insurance Appropriation (HB85) 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 STATE FUNDS $10,056,056 $10,056,056 $10,056,056 State General Funds $10,056,056 $10,056,056 $10,056,056 TOTAL FEDERAL FUNDS $36,610,816 $36,610,816 $36,610,816 Unemployment Insurance CFDA17.225 $36,610,816 $36,610,816 $36,610,816 TOTAL PUBLIC FUNDS $46,666,872 $46,666,872 $46,666,872 Statewide Changes 276.1 WC, GTA, and GBA State General Funds $37,285 $37,285 $37,285 One-Time Expense 276.2 Increase funding due to an increase of 13,000 unemployment claims by evacuees of Hurricane Katrina. This funding 1154 JOURNAL OF THE HOUSE is for claims processing only. Unemployment benefits paid to these evacuees are charged to their home state's unemployment trust fund.(S:Per 42 U.S.C. 503(a)(1) move funds collected under Administrative Assessments to eligible programs). State General Funds $930,966 $930,966 $930,966 Unemployment Insurance Appropriation (HB1026) 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 STATE FUNDS $11,024,307 $11,024,307 $11,024,307 State General Funds $11,024,307 $11,024,307 $11,024,307 TOTAL FEDERAL FUNDS $36,610,816 $36,610,816 $36,610,816 Unemployment Insurance CFDA17.225 $36,610,816 $36,610,816 $36,610,816 TOTAL PUBLIC FUNDS $47,635,123 $47,635,123 $47,635,123 277. Vocational Rehabilitation Program Appropriation (HB85) The purpose is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $16,784,521 $16,784,521 $16,784,521 State General Funds $16,784,521 $16,784,521 $16,784,521 TOTAL FEDERAL FUNDS $68,844,924 $68,844,924 $68,844,924 Employment Svcs-Individuals with Severe Disabilities CFDA84.187 $910,195 $910,195 $910,195 Independent Living-State Grants CFDA84.169 $514,980 $514,980 $514,980 Rehab Services-Vocational Rehabilitation Grants to States $64,919,749 $64,919,749 $64,919,749 CFDA84.126 Temporary Assistance for Needy Families $2,500,000 $2,500,000 $2,500,000 Temporary Assistance for Needy Families Block Grant CFDA $2,500,000 $2,500,000 $2,500,000 93.558 TOTAL AGENCY FUNDS $806,216 $806,216 $806,216 Sales and Services $806,216 $806,216 $806,216 Sales and Services Not Itemized $806,216 $806,216 $806,216 TOTAL PUBLIC FUNDS $86,435,661 $86,435,661 $86,435,661 Statewide Changes 277.1 WC, GTA, and GBA THURSDAY, FEBRUARY 16, 2006 1155 State General Funds $29,318 $29,318 $29,318 Changes in Operations / Administration 277.3 Reduce funding to projected expenditures based on SFY 2005 cost levels. Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($800,000) One-Time Expense 277.2 Increase funding to cover expense of serving displaced Hurricane Katrina evacuees with vocational rehabilitation needs(S:Per 42 U.S.C. 503(a)(1) move funds collected under Administrative Assessments to eligible programs). State General Funds $182,654 $182,654 $0 277.4 Provide supplemental funding for the Georgia Radio Reading Service. State General Funds $59,000 Changes in How the Program is Funded 277.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Rehab Services-Vocational Rehabilitation Grants to States $186,216 CFDA84.126 Vocational Rehabilitation Program Appropriation (HB1026) The purpose is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $16,996,493 $16,996,493 $16,872,839 State General Funds $16,996,493 $16,996,493 $16,872,839 TOTAL FEDERAL FUNDS $68,844,924 $68,844,924 $68,231,140 Employment Svcs-Individuals with Severe Disabilities CFDA84.187 $910,195 $910,195 $910,195 Independent Living-State Grants CFDA84.169 $514,980 $514,980 $514,980 Rehab Services-Vocational Rehabilitation Grants to States $64,919,749 $64,919,749 $65,105,965 CFDA84.126 Temporary Assistance for Needy Families $2,500,000 $2,500,000 $1,700,000 Temporary Assistance for Needy Families Block Grant CFDA $2,500,000 $2,500,000 $1,700,000 93.558 TOTAL AGENCY FUNDS $806,216 $806,216 $806,216 Sales and Services $806,216 $806,216 $806,216 Sales and Services Not Itemized $806,216 $806,216 $806,216 TOTAL PUBLIC FUNDS $86,647,633 $86,647,633 $85,910,195 1156 JOURNAL OF THE HOUSE 278. Workforce Development Appropriation (HB85) The purpose is to assist employers and job seekers with job matching services and to promote economic growth and development. TOTAL STATE FUNDS $7,642,713 $7,642,713 $7,642,713 State General Funds $7,642,713 $7,642,713 $7,642,713 TOTAL FEDERAL FUNDS $90,615,395 $90,615,395 $90,615,395 Disabled Veterans' Outreach Program CFDA17.801 $2,097,905 $2,097,905 $2,097,905 Employment Service CFDA17.207 $18,636,011 $18,636,011 $18,636,011 Local Veterans' Employment Representative Program $1,993,011 $1,993,011 $1,993,011 CFDA17.804 Temporary Assistance for Needy Families $10,401,218 $10,401,218 $10,401,218 Temporary Assistance for Needy Families Block Grant CFDA $10,401,218 $10,401,218 $10,401,218 93.558 Workforce Investment Act Adult Program CFDA17.258 $17,770,078 $17,770,078 $17,770,078 Workforce Investment Act Dislocated Workers CFDA17.260 $22,396,921 $22,396,921 $22,396,921 Workforce Investment Act Youth Activities CFDA17.259 $17,320,251 $17,320,251 $17,320,251 TOTAL PUBLIC FUNDS $98,258,108 $98,258,108 $98,258,108 Statewide Changes 278.1 WC, GTA, and GBA State General Funds $26,554 $26,554 $26,554 Changes in Operations / Administration 278.3 Reduce funding to projected expenditures based on SFY 2005 cost levels. Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($2,101,218) One-Time Expense 278.2 Increase funding due to higher expenditures at career centers and fairs for Hurricane Katrina evacuees(S:Per 42 U.S.C. 503(a)(1) move funds collected under Administrative Assessments to eligible programs). State General Funds $1,380,099 $1,380,099 $1,669,034 Workforce Development Appropriation (HB1026) The purpose is to assist employers and job seekers with job matching services and to promote economic growth and development. TOTAL STATE FUNDS $9,049,366 $9,049,366 $9,338,301 THURSDAY, FEBRUARY 16, 2006 1157 State General Funds TOTAL FEDERAL FUNDS Disabled Veterans' Outreach Program CFDA17.801 Employment Service CFDA17.207 Local Veterans' Employment Representative Program CFDA17.804 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Block Grant CFDA 93.558 Workforce Investment Act Adult Program CFDA17.258 Workforce Investment Act Dislocated Workers CFDA17.260 Workforce Investment Act Youth Activities CFDA17.259 TOTAL PUBLIC FUNDS $9,049,366 $90,615,395 $2,097,905 $18,636,011 $1,993,011 $10,401,218 $10,401,218 $17,770,078 $22,396,921 $17,320,251 $99,664,761 $9,049,366 $90,615,395 $2,097,905 $18,636,011 $1,993,011 $10,401,218 $10,401,218 $17,770,078 $22,396,921 $17,320,251 $99,664,761 $9,338,301 $88,514,177 $2,097,905 $18,636,011 $1,993,011 $8,300,000 $8,300,000 $17,770,078 $22,396,921 $17,320,251 $97,852,478 279. Commission on Women Appropriation (HB85) The purpose is to advance health, education, economic, social and legal status of women in Georgia. TOTAL STATE FUNDS $93,172 $93,172 $93,172 State General Funds $93,172 $93,172 $93,172 TOTAL PUBLIC FUNDS $93,172 $93,172 $93,172 Commission on Women Appropriation (HB1026) The purpose is to advance health, education, economic, social and legal status of women in Georgia. TOTAL STATE FUNDS $93,172 $93,172 $93,172 State General Funds $93,172 $93,172 $93,172 TOTAL PUBLIC FUNDS $93,172 $93,172 $93,172 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 1158 JOURNAL OF THE HOUSE 903 (d) (4) of the Social Security Act. Provided further, that no funds shall be expended until approved by the Office of Planning and Budget. The Office of Planning and Budget is hereby authorized to transfer funds to the appropriate departmental programs in amounts equal to the departmental remittances to the Office of Treasury and Fiscal Services from agency fund collections. Section 32: Law, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS Section Total (HB85) $13,659,592 $13,659,592 $13,659,592 $13,659,592 $795,143 $795,143 $794,143 $794,143 $1,000 $1,000 $21,006,280 $21,006,280 $35,461,015 $35,461,015 Final Section Totals $13,826,570 $13,826,570 $13,826,570 $13,826,570 $795,143 $795,143 $794,143 $794,143 $1,000 $1,000 $21,006,280 $21,006,280 $35,627,993 $35,627,993 $13,659,592 $13,659,592 $795,143 $794,143 $1,000 $21,006,280 $35,461,015 $13,826,570 $13,826,570 $816,543 $815,543 $1,000 $31,028,280 $45,671,393 280. Law, Department of Appropriation (HB85) 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 STATE FUNDS $13,659,592 $13,659,592 $13,659,592 State General Funds $13,659,592 $13,659,592 $13,659,592 TOTAL AGENCY FUNDS $795,143 $795,143 $795,143 Contributions, Donations, and Forfeitures $794,143 $794,143 $794,143 THURSDAY, FEBRUARY 16, 2006 1159 Forfeitures $794,143 $794,143 $794,143 Sales and Services $1,000 $1,000 $1,000 Sales and Services Not Itemized $1,000 $1,000 $1,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $21,006,280 $21,006,280 $21,006,280 Legal Services - Client Reimbursable per 45-15-4 $21,006,280 $21,006,280 $21,006,280 TOTAL PUBLIC FUNDS $35,461,015 $35,461,015 $35,461,015 Statewide Changes 280.1 WC, GTA, and GBA State General Funds $6,302 $6,302 $6,302 One-Time Expense 280.2 Provide funds for financial review for sale of four public hospitals due to the Hospital Acquisition Act. State General Funds $160,676 $160,676 $160,676 Changes in the Size of the Program 280.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing funds received from forfeitures and client reimbursements. Forfeitures $21,400 Legal Services - Client Reimbursable per 45-15-4 $10,022,000 TOTAL PUBLIC FUNDS $10,043,400 Law, Department of Appropriation (HB1026) 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 STATE FUNDS $13,826,570 $13,826,570 $13,826,570 State General Funds $13,826,570 $13,826,570 $13,826,570 TOTAL AGENCY FUNDS $795,143 $795,143 $816,543 Contributions, Donations, and Forfeitures $794,143 $794,143 $815,543 Forfeitures $794,143 $794,143 $815,543 Sales and Services $1,000 $1,000 $1,000 Sales and Services Not Itemized $1,000 $1,000 $1,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $21,006,280 $21,006,280 $31,028,280 Legal Services - Client Reimbursable per 45-15-4 $21,006,280 $21,006,280 $31,028,280 TOTAL PUBLIC FUNDS $35,627,993 $35,627,993 $45,671,393 1160 JOURNAL OF THE HOUSE Section 33: State Merit System of Personnel Administration TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS Section Total (HB85) $1,337,147 $1,337,147 $1,161,033 $1,161,033 $176,114 $176,114 $12,273,022 $12,273,022 $13,610,169 $13,610,169 Final Section Totals $1,337,147 $1,337,147 $1,161,033 $1,161,033 $176,114 $176,114 $12,279,322 $12,279,322 $13,616,469 $13,616,469 $1,337,147 $1,161,033 $176,114 $12,273,022 $13,610,169 $1,533,844 $1,357,730 $176,114 $16,765,442 $18,299,286 281. Recruitment and Staffing Services Appropriation (HB85) The purpose is to provide a central point of contact for the general public. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,321,434 $1,321,434 $1,321,434 Merit System Assessments $1,247,721 $1,247,721 $1,247,721 Merit System Training and Compensation Fees $73,713 $73,713 $73,713 TOTAL PUBLIC FUNDS $1,321,434 $1,321,434 $1,321,434 Statewide Changes 281.1 WC, GTA, and GBA Merit System Assessments $1,027 $1,027 $1,027 Recruitment and Staffing Services Appropriation (HB1026) The purpose is to provide a central point of contact for the general public. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,322,461 $1,322,461 $1,322,461 Merit System Assessments $1,248,748 $1,248,748 $1,248,748 Merit System Training and Compensation Fees $73,713 $73,713 $73,713 TOTAL PUBLIC FUNDS $1,322,461 $1,322,461 $1,322,461 THURSDAY, FEBRUARY 16, 2006 1161 282. System Administration Appropriation (HB85) The purpose is to provide administrative and technical support to the agency. TOTAL AGENCY FUNDS $49,578 $49,578 $49,578 Reserved Fund Balances $49,578 $49,578 $49,578 Flexible Spending Account Fund $49,578 $49,578 $49,578 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,167,679 $4,167,679 $4,167,679 Merit System Assessments $4,163,792 $4,163,792 $4,163,792 Merit System Training and Compensation Fees $3,887 $3,887 $3,887 TOTAL PUBLIC FUNDS $4,217,257 $4,217,257 $4,217,257 Statewide Changes 282.1 WC, GTA, and GBA Merit System Assessments $2,655 $2,655 $2,655 One-Time Expense 282.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for agency funds used for reimbursements associated with travel costs. Merit System Assessments $2,090 System Administration Appropriation (HB1026) The purpose is to provide administrative and technical support to the agency. TOTAL AGENCY FUNDS $49,578 $49,578 $49,578 Reserved Fund Balances $49,578 $49,578 $49,578 Flexible Spending Account Fund $49,578 $49,578 $49,578 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,170,334 $4,170,334 $4,172,424 Merit System Assessments $4,166,447 $4,166,447 $4,168,537 Merit System Training and Compensation Fees $3,887 $3,887 $3,887 TOTAL PUBLIC FUNDS $4,219,912 $4,219,912 $4,222,002 283. Total Compensation and Rewards Appropriation (HB85) The purpose is to ensure fair and consistent employee compensation practices across state agencies. TOTAL AGENCY FUNDS $1,287,569 $1,287,569 $1,287,569 Reserved Fund Balances $1,111,455 $1,111,455 $1,111,455 Flexible Spending Account Fund $1,111,455 $1,111,455 $1,111,455 1162 JOURNAL OF THE HOUSE Sales and Services $176,114 $176,114 $176,114 Collection/Administrative Fees $176,114 $176,114 $176,114 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,278,690 $3,278,690 $3,278,690 Merit System Assessments $3,250,459 $3,250,459 $3,250,459 Merit System Training and Compensation Fees $28,231 $28,231 $28,231 TOTAL PUBLIC FUNDS $4,566,259 $4,566,259 $4,566,259 Statewide Changes 283.1 WC, GTA, and GBA Merit System Assessments $1,730 $1,730 $1,730 Changes in the Size of the Program 283.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds used for Commission for a New Georgia recommendations and PeopleSoft upgrades. Flexible Spending Account Fund $196,697 Agency to Agency Contracts $2,350,000 TOTAL PUBLIC FUNDS $2,546,697 Total Compensation and Rewards Appropriation (HB1026) The purpose is to ensure fair and consistent employee compensation practices across state agencies. TOTAL AGENCY FUNDS $1,287,569 $1,287,569 $1,484,266 Reserved Fund Balances $1,111,455 $1,111,455 $1,308,152 Flexible Spending Account Fund $1,111,455 $1,111,455 $1,308,152 Sales and Services $176,114 $176,114 $176,114 Collection/Administrative Fees $176,114 $176,114 $176,114 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,280,420 $3,280,420 $5,630,420 Agency to Agency Contracts $2,350,000 Merit System Assessments $3,252,189 $3,252,189 $3,252,189 Merit System Training and Compensation Fees $28,231 $28,231 $28,231 TOTAL PUBLIC FUNDS $4,567,989 $4,567,989 $7,114,686 284. Workforce Development and Alignment Appropriation (HB85) The purpose is to provide continuous opportunities for state employees to grow and develop professionally resulting in increased productivity for state agencies and entities. THURSDAY, FEBRUARY 16, 2006 1163 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,505,219 $3,505,219 $3,505,219 Merit System Assessments $3,065,452 $3,065,452 $3,065,452 Merit System Training and Compensation Fees $439,767 $439,767 $439,767 TOTAL PUBLIC FUNDS $3,505,219 $3,505,219 $3,505,219 Statewide Changes 284.1 WC, GTA, and GBA Merit System Assessments $888 $888 $888 Changes in the Size of the Program 284.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds used for Commission for a New Georgia recommendations and mail, consulting, and legal expenses. Agency to Agency Contracts $825,000 Merit System Assessments $1,309,030 TOTAL PUBLIC FUNDS $2,134,030 Workforce Development and Alignment Appropriation (HB1026) 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 INTRA-STATE GOVERNMENT TRANSFERS $3,506,107 $3,506,107 $5,640,137 Agency to Agency Contracts $825,000 Merit System Assessments $3,066,340 $3,066,340 $4,375,370 Merit System Training and Compensation Fees $439,767 $439,767 $439,767 TOTAL PUBLIC FUNDS $3,506,107 $3,506,107 $5,640,137 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 34: Natural Resources, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Boating Safety CFDA97.011 Section Total (HB85) $98,464,233 $98,464,233 $98,464,233 $98,464,233 $20,863,133 $20,863,133 $489,118 $489,118 $98,464,233 $98,464,233 $20,863,133 $489,118 1164 JOURNAL OF THE HOUSE Clean Water State Revolving Funds CFDA66.458 Drinking Water State Revolving Funds CFDA66.468 CERCLA Remedial CFDA66.802 CERCLA Site Response CFDA66.817 DOE Savannah River Site CFDA81.104 Environmental Protection Consolidated Research CFDA66.500 Federal Highway Administration Planning & Construction CFDA20.205 Flood Plain - FEMA CFDA83.103 Historic Preservation Fund Grants-In-Aid CFDA15.904 Lead Grant Program CFDA66.707 Leaking Underground Storage Trust Fund CFDA66.805 Outdoor Recreation Acquisition, Development & Planning CFDA15.916 PPG CFDA 66.605 Radon Awareness Grant CFDA 66.032 Sport Fish Restoration CFDA15.605 State and Tribal Response Program Grants CFDA66.804 UIC State Match CFDA66.433 Water Quality Management Planning CFDA66.454 Wildlife Restoration CFDA15.611 TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS $900,507 $1,117,414 $252,430 $163,702 $26,578 $62,350 $446,842 $900,507 $1,117,414 $252,430 $163,702 $26,578 $62,350 $446,842 $900,507 $1,117,414 $252,430 $163,702 $26,578 $62,350 $446,842 $26,284 $544,351 $155,385 $1,144,809 $845,941 $26,284 $544,351 $155,385 $1,144,809 $845,941 $26,284 $544,351 $155,385 $1,144,809 $845,941 $4,999,889 $4,999,889 $73,850 $73,850 $4,755,638 $4,755,638 $20,000 $20,000 $17,598 $17,598 $527,172 $527,172 $4,293,275 $4,293,275 $74,871,963 $74,871,963 $677,763 $677,763 $3,707,103 $3,707,103 $16,276 $16,276 $70,470,821 $70,470,821 $194,199,329 $194,199,329 Final Section Totals $114,020,721 $114,870,721 $114,020,721 $114,870,721 $10,070,605 $10,070,605 $4,999,889 $73,850 $4,755,638 $20,000 $17,598 $527,172 $4,293,275 $74,871,963 $677,763 $3,707,103 $16,276 $70,470,821 $194,199,329 $114,770,721 $114,770,721 $20,863,133 THURSDAY, FEBRUARY 16, 2006 1165 Boating Safety CFDA97.011 Clean Water State Revolving Funds CFDA66.458 Drinking Water State Revolving Funds CFDA66.468 CERCLA Remedial CFDA66.802 CERCLA Site Response CFDA66.817 DOE Savannah River Site CFDA81.104 Environmental Protection Consolidated Research CFDA66.500 Federal Highway Administration Planning & Construction CFDA20.205 Flood Plain - FEMA CFDA83.103 Historic Preservation Fund Grants-In-Aid CFDA15.904 Lead Grant Program CFDA66.707 Leaking Underground Storage Trust Fund CFDA66.805 Outdoor Recreation Acquisition, Development & Planning CFDA15.916 PPG CFDA 66.605 Radon Awareness Grant CFDA 66.032 Sport Fish Restoration CFDA15.605 State and Tribal Response Program Grants CFDA66.804 UIC State Match CFDA66.433 Water Quality Management Planning CFDA66.454 Wildlife Restoration CFDA15.611 TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS $169,180 $169,180 $489,118 $900,507 $1,117,414 $252,430 $163,702 $26,578 $62,350 $446,842 $490,000 $845,941 $490,000 $845,941 $26,284 $544,351 $155,385 $1,144,809 $845,941 $3,363,161 $73,850 $1,306,138 $3,822,335 $25,491,011 $103,913 $3,041,137 $15,250 $22,330,711 $149,582,337 $3,363,161 $73,850 $1,306,138 $3,822,335 $25,491,011 $103,913 $3,041,137 $15,250 $22,330,711 $150,432,337 $4,999,889 $73,850 $4,755,638 $20,000 $17,598 $527,172 $4,293,275 $74,385,997 $857,763 $3,041,137 $16,276 $70,470,821 $210,019,851 285. Coastal Resources Appropriation (HB85) The purpose is to balance economic development in Georgia's coastal zone with the preservation of natural, environmental, 1166 JOURNAL OF THE HOUSE historic, archaeological, and recreational resources for the benefit of Georgia's present and future generations. TOTAL STATE FUNDS $2,323,120 $2,323,120 $2,323,120 State General Funds $2,323,120 $2,323,120 $2,323,120 TOTAL FEDERAL FUNDS $170,862 $170,862 $170,862 Sport Fish Restoration CFDA15.605 $170,862 $170,862 $170,862 TOTAL PUBLIC FUNDS $2,493,982 $2,493,982 $2,493,982 Statewide Changes 285.1 WC, GTA, and GBA State General Funds $18,923 $18,923 $18,923 One-Time Expense 285.2 Provide funds for replacing high-mileage motor vehicles in excess of 135,000 miles. State General Funds $39,000 $39,000 $39,000 Coastal Resources Appropriation (HB1026) 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 STATE FUNDS $2,381,043 $2,381,043 $2,381,043 State General Funds $2,381,043 $2,381,043 $2,381,043 TOTAL FEDERAL FUNDS $170,862 $170,862 $170,862 Sport Fish Restoration CFDA15.605 $170,862 $170,862 $170,862 TOTAL PUBLIC FUNDS $2,551,905 $2,551,905 $2,551,905 286. Departmental Administration Appropriation (HB85) The purpose of the program is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $9,368,088 $9,368,088 $9,368,088 State General Funds $9,368,088 $9,368,088 $9,368,088 TOTAL FEDERAL FUNDS $53,814 $53,814 $53,814 Sport Fish Restoration CFDA15.605 $26,907 $26,907 $26,907 Wildlife Restoration CFDA15.611 $26,907 $26,907 $26,907 TOTAL PUBLIC FUNDS $9,421,902 $9,421,902 $9,421,902 Statewide Changes 286.1 WC, GTA, and GBA THURSDAY, FEBRUARY 16, 2006 1167 State General Funds $73,839 $73,839 $73,839 Changes in How the Program is Funded 286.2 Remove fund sources. Sport Fish Restoration CFDA15.605 ($26,907) ($26,907) $0 Wildlife Restoration CFDA15.611 ($26,907) ($26,907) $0 TOTAL PUBLIC FUNDS ($53,814) ($53,814) $0 Departmental Administration Appropriation (HB1026) The purpose of the program is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $9,441,927 $9,441,927 $9,441,927 State General Funds $9,441,927 $9,441,927 $9,441,927 TOTAL FEDERAL FUNDS $53,814 Sport Fish Restoration CFDA15.605 $26,907 Wildlife Restoration CFDA15.611 $26,907 TOTAL PUBLIC FUNDS $9,441,927 $9,441,927 $9,495,741 287. Environmental Protection Appropriation (HB85) 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 STATE FUNDS $26,207,788 $26,207,788 $26,207,788 State General Funds $26,207,788 $26,207,788 $26,207,788 TOTAL FEDERAL FUNDS $9,850,960 $9,850,960 $9,850,960 Clean Water State Revolving Funds CFDA66.458 $900,507 $900,507 $900,507 Drinking Water State Revolving Funds CFDA66.468 $1,117,414 $1,117,414 $1,117,414 CERCLA Remedial CFDA66.802 $252,430 $252,430 $252,430 CERCLA Site Response CFDA66.817 $163,702 $163,702 $163,702 DOE Savannah River Site CFDA81.104 $26,578 $26,578 $26,578 Environmental Protection Consolidated Research CFDA66.500 $62,350 $62,350 $62,350 Federal Highway Administration Planning & Construction $436,842 $436,842 $436,842 CFDA20.205 Flood Plain - FEMA CFDA83.103 $26,284 $26,284 $26,284 Lead Grant Program CFDA66.707 $155,385 $155,385 $155,385 1168 JOURNAL OF THE HOUSE Leaking Underground Storage Trust Fund CFDA66.805 PPG CFDA 66.605 State and Tribal Response Program Grants CFDA66.804 UIC State Match CFDA66.433 Water Quality Management Planning CFDA66.454 TOTAL AGENCY FUNDS Sales and Services Regulatory Fees Sales and Services Not Itemized TOTAL PUBLIC FUNDS Statewide Changes 287.1 WC, GTA, and GBA State General Funds One-Time Expense 287.2 Provide additional funds for on-going water-related litigation. State General Funds Changes in How the Program is Funded 287.3 Remove fund sources. Clean Water State Revolving Funds CFDA66.458 Drinking Water State Revolving Funds CFDA66.468 CERCLA Remedial CFDA66.802 CERCLA Site Response CFDA66.817 DOE Savannah River Site CFDA81.104 Environmental Protection Consolidated Research CFDA66.500 Federal Highway Administration Planning & Construction CFDA20.205 Flood Plain - FEMA CFDA83.103 Lead Grant Program CFDA66.707 Leaking Underground Storage Trust Fund CFDA66.805 PPG CFDA 66.605 State and Tribal Response Program Grants CFDA66.804 $1,144,809 $4,999,889 $20,000 $17,598 $527,172 $50,258,738 $50,258,738 $50,193,738 $65,000 $86,317,486 $1,144,809 $4,999,889 $20,000 $17,598 $527,172 $50,258,738 $50,258,738 $50,193,738 $65,000 $86,317,486 $1,144,809 $4,999,889 $20,000 $17,598 $527,172 $50,258,738 $50,258,738 $50,193,738 $65,000 $86,317,486 $301,441 $301,441 $301,441 $600,000 $600,000 $600,000 ($900,507) ($900,507) $0 ($1,117,414) ($1,117,414) $0 ($252,430) ($252,430) $0 ($163,702) ($163,702) $0 ($26,578) ($26,578) $0 ($62,350) ($62,350) $0 ($436,842) ($436,842) $0 ($26,284) ($26,284) $0 ($155,385) ($155,385) $0 ($1,144,809) ($1,144,809) $0 ($1,636,728) ($1,636,728) $0 ($20,000) ($20,000) $0 THURSDAY, FEBRUARY 16, 2006 1169 UIC State Match CFDA66.433 ($17,598) ($17,598) $0 Water Quality Management Planning CFDA66.454 ($527,172) ($527,172) $0 Regulatory Fees ($43,396,181) ($43,396,181) $0 Sales and Services Not Itemized ($65,000) ($65,000) $0 TOTAL PUBLIC FUNDS ($49,948,980) ($49,948,980) $0 Changes in the Size of the Program 287.4 Transfer Solid Waste Trust Fund into the Environmental Protection program. State General Funds $1,500,000 $1,500,000 $0 287.5 Transfer the Hazardous Waste Trust Fund into the Environmental Protection program. State General Funds $7,600,000 $7,600,000 $0 Radon Awareness Grant CFDA 66.032 $73,850 $73,850 $0 TOTAL PUBLIC FUNDS $7,673,850 $7,673,850 $0 287.6 Increase funding from $1.5 million to $4 million (S: Funds are added into the Solid Waste Trust Fund program). State General Funds $2,503,092 $2,503,092 $0 287.7 Increase funding from $7.6 million to $15.9 million (S:Funds are added in the Hazardous Waste Trust Fund program). State General Funds $8,339,491 $8,339,491 $0 Environmental Protection Appropriation (HB1026) 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 STATE FUNDS $47,051,812 $47,051,812 $27,109,229 State General Funds $47,051,812 $47,051,812 $27,109,229 TOTAL FEDERAL FUNDS $3,437,011 $3,437,011 $9,850,960 Clean Water State Revolving Funds CFDA66.458 $900,507 Drinking Water State Revolving Funds CFDA66.468 $1,117,414 CERCLA Remedial CFDA66.802 $252,430 CERCLA Site Response CFDA66.817 $163,702 DOE Savannah River Site CFDA81.104 $26,578 Environmental Protection Consolidated Research CFDA66.500 $62,350 Federal Highway Administration Planning & Construction $436,842 CFDA20.205 1170 JOURNAL OF THE HOUSE Flood Plain - FEMA CFDA83.103 Lead Grant Program CFDA66.707 Leaking Underground Storage Trust Fund CFDA66.805 PPG CFDA 66.605 Radon Awareness Grant CFDA 66.032 State and Tribal Response Program Grants CFDA66.804 UIC State Match CFDA66.433 Water Quality Management Planning CFDA66.454 TOTAL AGENCY FUNDS Sales and Services Regulatory Fees Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,363,161 $73,850 $6,797,557 $6,797,557 $6,797,557 $57,286,380 $3,363,161 $73,850 $6,797,557 $6,797,557 $6,797,557 $57,286,380 $26,284 $155,385 $1,144,809 $4,999,889 $20,000 $17,598 $527,172 $50,258,738 $50,258,738 $50,193,738 $65,000 $87,218,927 288. Hazardous Waste Trust Fund Appropriation (HB85) Investigate and clean up abandoned hazardous sites. TOTAL STATE FUNDS $7,600,000 $7,600,000 $7,600,000 State General Funds $7,600,000 $7,600,000 $7,600,000 TOTAL FEDERAL FUNDS $73,850 $73,850 $73,850 Radon Awareness Grant CFDA 66.032 $73,850 $73,850 $73,850 TOTAL PUBLIC FUNDS $7,673,850 $7,673,850 $7,673,850 Changes in the Size of the Program 288.1 Transfer the Hazardous Waste Trust Fund program into the Environmental Protection program. State General Funds ($7,600,000) ($7,600,000) $0 Radon Awareness Grant CFDA 66.032 ($73,850) ($73,850) $0 TOTAL PUBLIC FUNDS ($7,673,850) ($7,673,850) $0 288.2 Increase funding from $7.6 million to $15.9 million. State General Funds $8,339,491 Hazardous Waste Trust Fund Appropriation (HB1026) Investigate and clean up abandoned hazardous sites. TOTAL STATE FUNDS $15,939,491 THURSDAY, FEBRUARY 16, 2006 1171 State General Funds TOTAL FEDERAL FUNDS Radon Awareness Grant CFDA 66.032 TOTAL PUBLIC FUNDS $15,939,491 $73,850 $73,850 $16,013,341 289. Historic Preservation Appropriation (HB85) The purpose is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations. TOTAL STATE FUNDS $1,904,709 $1,904,709 $1,904,709 State General Funds $1,904,709 $1,904,709 $1,904,709 TOTAL FEDERAL FUNDS $544,351 $544,351 $544,351 Historic Preservation Fund Grants-In-Aid CFDA15.904 $544,351 $544,351 $544,351 TOTAL PUBLIC FUNDS $2,449,060 $2,449,060 $2,449,060 Statewide Changes 289.1 WC, GTA, and GBA State General Funds $16,568 $16,568 $16,568 Changes in How the Program is Funded 289.2 Remove fund sources. Historic Preservation Fund Grants-In-Aid CFDA15.904 ($54,351) ($54,351) $0 Historic Preservation Appropriation (HB1026) The purpose is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations. TOTAL STATE FUNDS $1,921,277 $1,921,277 $1,921,277 State General Funds $1,921,277 $1,921,277 $1,921,277 TOTAL FEDERAL FUNDS $490,000 $490,000 $544,351 Historic Preservation Fund Grants-In-Aid CFDA15.904 $490,000 $490,000 $544,351 TOTAL PUBLIC FUNDS $2,411,277 $2,411,277 $2,465,628 290. Land Conservation Appropriation (HB85) The purpose is to provide a framework within which developed and rapidly developing counties, and their municipalities, can preserve community green space. 1172 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $415,605 $415,605 $415,605 State General Funds $415,605 $415,605 $415,605 TOTAL PUBLIC FUNDS $415,605 $415,605 $415,605 Statewide Changes 290.1 WC, GTA, and GBA State General Funds $3,051 $3,051 $3,051 Land Conservation Appropriation (HB1026) The purpose is to provide a framework within which developed and rapidly developing counties, and their municipalities, can preserve community green space. TOTAL STATE FUNDS $418,656 $418,656 $418,656 State General Funds $418,656 $418,656 $418,656 TOTAL PUBLIC FUNDS $418,656 $418,656 $418,656 291. Parks, Recreation and Historic Sites Appropriation (HB85) The purpose is to increase the public awareness of the opportunities at the state parks and historic sites throughout Georgia. TOTAL STATE FUNDS $17,234,816 $17,234,816 $17,234,816 State General Funds $17,234,816 $17,234,816 $17,234,816 TOTAL FEDERAL FUNDS $855,941 $855,941 $855,941 Federal Highway Administration Planning & Construction $10,000 $10,000 $10,000 CFDA20.205 Outdoor Recreation Acquisition, Development & Planning $845,941 $845,941 $845,941 CFDA15.916 TOTAL AGENCY FUNDS $20,650,999 $20,650,999 $20,650,999 Intergovernmental Transfers $3,707,103 $3,707,103 $3,707,103 Jekyll Island State Park Authority Bond Payback $940,190 $940,190 $940,190 Lake Lanier Islands Development Authority Bond Payback $1,331,931 $1,331,931 $1,331,931 North Georgia Mountain Authority Bond Payback $1,434,982 $1,434,982 $1,434,982 Royalties and Rents $1,026 $1,026 $1,026 Royalties and Rents Not Itemized $1,026 $1,026 $1,026 Sales and Services $16,942,870 $16,942,870 $16,942,870 THURSDAY, FEBRUARY 16, 2006 1173 Park Receipts $16,938,745 $16,938,745 $16,938,745 Sales and Services Not Itemized $4,125 $4,125 $4,125 TOTAL PUBLIC FUNDS $38,741,756 $38,741,756 $38,741,756 Statewide Changes 291.1 WC, GTA, and GBA State General Funds $226,275 $226,275 $226,275 One-Time Expense 291.2 Provide funds for replacing high-mileage motor vehicles in excess of 135,000 miles. State General Funds $105,304 $105,304 $105,304 291.5 Provide funds to construct a seawall at Mary Alice Park in Forsyth County. State General Funds $500,000 $400,000 291.6 Provide funds to be matched by $1,000,000 (S:$900,000) in federal funds to develop Balls Ferry State Park in Wilkinson County. State General Funds $350,000 $225,000 Changes in How the Program is Funded 291.3 Remove fund sources. Federal Highway Administration Planning & Construction ($10,000) ($10,000) $0 CFDA20.205 Royalties and Rents Not Itemized ($1,026) ($1,026) $0 Park Receipts ($2,000,000) ($2,000,000) $0 Sales and Services Not Itemized ($4,125) ($4,125) $0 TOTAL PUBLIC FUNDS ($2,015,151) ($2,015,151) $0 291.4 Replace payments from the Lake Lanier Islands Development Authority with state general funds. State General Funds $665,966 $665,966 $665,966 Lake Lanier Islands Development Authority Bond Payback ($665,966) ($665,966) ($665,966) TOTAL PUBLIC FUNDS $0 $0 $0 Parks, Recreation and Historic Sites Appropriation (HB1026) The purpose is to increase the public awareness of the opportunities at the state parks and historic sites throughout Georgia. TOTAL STATE FUNDS $18,232,361 $19,082,361 $18,857,361 State General Funds $18,232,361 $19,082,361 $18,857,361 1174 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS Federal Highway Administration Planning & Construction CFDA20.205 Outdoor Recreation Acquisition, Development & Planning CFDA15.916 TOTAL AGENCY FUNDS Intergovernmental Transfers Jekyll Island State Park Authority Bond Payback Lake Lanier Islands Development Authority Bond Payback North Georgia Mountain Authority Bond Payback Royalties and Rents Royalties and Rents Not Itemized Sales and Services Park Receipts Sales and Services Not Itemized TOTAL PUBLIC FUNDS $845,941 $845,941 $17,979,882 $3,041,137 $940,190 $665,965 $1,434,982 $14,938,745 $14,938,745 $37,058,184 $845,941 $845,941 $17,979,882 $3,041,137 $940,190 $665,965 $1,434,982 $14,938,745 $14,938,745 $37,908,184 $855,941 $10,000 $845,941 $19,985,033 $3,041,137 $940,190 $665,965 $1,434,982 $1,026 $1,026 $16,942,870 $16,938,745 $4,125 $39,698,335 292. Pollution Prevention Assistance Appropriation (HB85) The purpose is to reduce pollution by providing non-regulatory assistance. TOTAL AGENCY FUNDS $677,763 $677,763 $677,763 Reserved Fund Balances $677,763 $677,763 $677,763 Hazardous Waste Trust Fund $603,913 $603,913 $603,913 Solid Waste Trust Fund $73,850 $73,850 $73,850 TOTAL PUBLIC FUNDS $677,763 $677,763 $677,763 Statewide Changes 292.1 WC, GTA, and GBA State General Funds $5,572 $5,572 $5,572 Changes in How the Program is Funded 292.2 Remove fund sources. Hazardous Waste Trust Fund ($500,000) ($500,000) $0 Solid Waste Trust Fund ($73,850) ($73,850) $0 THURSDAY, FEBRUARY 16, 2006 1175 TOTAL PUBLIC FUNDS ($573,850) ($573,850) $0 Pollution Prevention Assistance Appropriation (HB1026) The purpose is to reduce pollution by providing non-regulatory assistance. TOTAL STATE FUNDS $5,572 $5,572 $5,572 State General Funds $5,572 $5,572 $5,572 TOTAL AGENCY FUNDS $103,913 $103,913 $677,763 Reserved Fund Balances $103,913 $103,913 $677,763 Hazardous Waste Trust Fund $103,913 $103,913 $603,913 Solid Waste Trust Fund $73,850 TOTAL PUBLIC FUNDS $109,485 $109,485 $683,335 293. Solid Waste Trust Fund Appropriation (HB85) 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 STATE FUNDS $1,500,000 $1,500,000 $1,500,000 State General Funds $1,500,000 $1,500,000 $1,500,000 TOTAL PUBLIC FUNDS $1,500,000 $1,500,000 $1,500,000 Changes in Operations / Administration 293.3 Increase funding to raise sunken boats along the Georgia coast. Solid Waste Trust Fund $180,000 Changes in the Size of the Program 293.1 Transfer the Solid Waste Trust Fund program into the Environmental Protection program. State General Funds ($1,500,000) ($1,500,000) $0 293.2 Increase funding from $1.5 million to $4 million. State General Funds $2,503,092 Solid Waste Trust Fund Appropriation (HB1026) 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 STATE FUNDS $4,003,092 State General Funds $4,003,092 TOTAL AGENCY FUNDS $180,000 1176 JOURNAL OF THE HOUSE Reserved Fund Balances Solid Waste Trust Fund TOTAL PUBLIC FUNDS $180,000 $180,000 $4,183,092 294. Wildlife Resources Appropriation (HB85) 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 STATE FUNDS $28,915,612 $28,915,612 $28,915,612 State General Funds $28,915,612 $28,915,612 $28,915,612 TOTAL FEDERAL FUNDS $9,313,355 $9,313,355 $9,313,355 Boating Safety CFDA97.011 $489,118 $489,118 $489,118 Sport Fish Restoration CFDA15.605 $4,557,869 $4,557,869 $4,557,869 Wildlife Restoration CFDA15.611 $4,266,368 $4,266,368 $4,266,368 TOTAL AGENCY FUNDS $2,952,250 $2,952,250 $2,952,250 Royalties and Rents $15,250 $15,250 $15,250 Royalties and Rents Not Itemized $15,250 $15,250 $15,250 Sales and Services $2,937,000 $2,937,000 $2,937,000 Park Receipts $41,000 $41,000 $41,000 Regulatory Fees $47,266 $47,266 $47,266 Sales and Services Not Itemized $2,848,734 $2,848,734 $2,848,734 TOTAL PUBLIC FUNDS $41,181,217 $41,181,217 $41,181,217 Statewide Changes 294.1 WC, GTA, and GBA State General Funds $293,764 $293,764 $293,764 Changes in Operations / Administration 294.2 Provide funds for replacing high-mileage motor vehicles in excess of 135,000 miles. State General Funds $855,696 $855,696 $855,696 294.5 Provide funds for road construction at the Ocmulgee Public Fishing Area in Bleckley and Pulaski counties. State General Funds $125,000 Changes in How the Program is Funded 294.3 Remove fund sources. THURSDAY, FEBRUARY 16, 2006 1177 Boating Safety CFDA97.011 ($319,938) ($319,938) $0 Sport Fish Restoration CFDA15.605 ($3,422,593) ($3,422,593) $0 Wildlife Restoration CFDA15.611 ($444,033) ($444,033) $0 Sales and Services Not Itemized ($2,674,804) ($2,674,804) $0 TOTAL PUBLIC FUNDS ($6,861,368) ($6,861,368) $0 Changes in the Size of the Program 294.4 Provide funds for the Wildlife Endowment Fund. State General Funds $579,650 $579,650 $579,650 Wildlife Resources Appropriation (HB1026) 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 STATE FUNDS $30,644,722 $30,644,722 $30,769,722 State General Funds $30,644,722 $30,644,722 $30,769,722 TOTAL FEDERAL FUNDS $5,126,791 $5,126,791 $9,313,355 Boating Safety CFDA97.011 $169,180 $169,180 $489,118 Sport Fish Restoration CFDA15.605 $1,135,276 $1,135,276 $4,557,869 Wildlife Restoration CFDA15.611 $3,822,335 $3,822,335 $4,266,368 TOTAL AGENCY FUNDS $277,446 $277,446 $2,952,250 Royalties and Rents $15,250 $15,250 $15,250 Royalties and Rents Not Itemized $15,250 $15,250 $15,250 Sales and Services $262,196 $262,196 $2,937,000 Park Receipts $41,000 $41,000 $41,000 Regulatory Fees $47,266 $47,266 $47,266 Sales and Services Not Itemized $173,930 $173,930 $2,848,734 TOTAL PUBLIC FUNDS $36,048,959 $36,048,959 $43,035,327 295. Civil War Commission Appropriation (HB85) 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 STATE FUNDS $50,000 $50,000 $50,000 1178 JOURNAL OF THE HOUSE State General Funds $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 Civil War Commission Appropriation (HB1026) 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 STATE FUNDS $50,000 $50,000 $50,000 State General Funds $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 296. Georgia State Games Commission The purpose is to improve the physical fitness of Georgians. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Georgia State Games Commission The purpose is to improve the physical fitness of Georgians. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Appropriation (HB85) $50,149 $50,149 $50,149 $50,149 $50,149 $50,149 $332,213 $332,213 $332,213 $332,213 $332,213 $332,213 $332,213 $332,213 $332,213 $382,362 $382,362 $382,362 Appropriation (HB1026) $50,149 $50,149 $332,213 $332,213 $332,213 $382,362 $50,149 $50,149 $332,213 $332,213 $332,213 $382,362 $50,149 $50,149 $332,213 $332,213 $332,213 $382,362 297. Payments to Georgia Agricultural Exposition Authority Appropriation (HB85) 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 STATE FUNDS $1,601,868 $1,601,868 $1,601,868 THURSDAY, FEBRUARY 16, 2006 1179 State General Funds $1,601,868 $1,601,868 $1,601,868 TOTAL PUBLIC FUNDS $1,601,868 $1,601,868 $1,601,868 Statewide Changes 297.1 WC, GTA, and GBA State General Funds $2,935 $2,935 $2,935 One-Time Expense 297.2 Provide funding for roadway improvements. State General Funds $625,000 $625,000 $625,000 Payments to Georgia Agricultural Exposition Authority Appropriation (HB1026) 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 STATE FUNDS $2,229,803 $2,229,803 $2,229,803 State General Funds $2,229,803 $2,229,803 $2,229,803 TOTAL PUBLIC FUNDS $2,229,803 $2,229,803 $2,229,803 298. Payments to Georgia Agrirama Development Authority Appropriation (HB85) 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 STATE FUNDS $820,514 $820,514 $820,514 State General Funds $820,514 $820,514 $820,514 TOTAL PUBLIC FUNDS $820,514 $820,514 $820,514 Statewide Changes 298.1 WC, GTA, and GBA State General Funds $921 $921 $921 One-Time Expense 298.2 Provide funds for grounds improvements and facilities. State General Funds $300,000 $300,000 $300,000 Payments to Georgia Agrirama Development Authority Appropriation (HB1026) 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 STATE FUNDS $1,121,435 $1,121,435 $1,121,435 1180 JOURNAL OF THE HOUSE State General Funds TOTAL PUBLIC FUNDS $1,121,435 $1,121,435 $1,121,435 $1,121,435 $1,121,435 $1,121,435 299. Payments to Lake Allatoona Preservation Authority TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Payments to Lake Allatoona Preservation Authority TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB85) $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 Appropriation (HB1026) $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 300. Payments to Southwest Georgia Railroad Excursion Appropriation (HB85) 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 STATE FUNDS $371,964 $371,964 $371,964 State General Funds $371,964 $371,964 $371,964 TOTAL PUBLIC FUNDS $371,964 $371,964 $371,964 Payments to Southwest Georgia Railroad Excursion Authority Appropriation (HB1026) 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 STATE FUNDS $371,964 $371,964 $371,964 State General Funds $371,964 $371,964 $371,964 TOTAL PUBLIC FUNDS $371,964 $371,964 $371,964 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. THURSDAY, FEBRUARY 16, 2006 1181 The above appropriations reflect receipts from Lake Lanier Island Development Authority in an amount of $665,966 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 - $679,346 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. Section 35: Pardons and Paroles, State Board of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Reduce & Prevent - Children's Exposure to Violence TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Asset Forfeiture CFDA99.OFA Community Prosecution & Project Safe Neighborhoods CFDA16.609 Edward Byrne Memorial State Law Enforcement Assistance CFDA16.580 Reduce & Prevent - Children's Exposure to Violence CFDA16.730 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements TOTAL PUBLIC FUNDS Section Total (HB85) $47,627,215 $47,627,215 $47,627,215 $47,627,215 $100,000 $100,000 $100,000 $100,000 $47,727,215 $47,727,215 Final Section Totals $48,312,603 $48,312,603 $48,312,603 $48,312,603 $100,000 $100,000 $47,627,215 $47,627,215 $100,000 $100,000 $47,727,215 $48,312,603 $48,312,603 $139,441 $11,611 $13,915 $113,915 $100,000 $100,000 $48,412,603 $48,412,603 $27,736 $27,736 $48,479,780 301. Board Administration The purpose is to provide administrative support for the agency. TOTAL STATE FUNDS Appropriation (HB85) $4,326,255 $4,326,255 $4,326,255 1182 JOURNAL OF THE HOUSE State General Funds $4,326,255 $4,326,255 $4,326,255 TOTAL FEDERAL FUNDS $100,000 $100,000 $100,000 Reduce & Prevent - Children's Exposure to Violence $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $4,426,255 $4,426,255 $4,426,255 Statewide Changes 301.1 WC, GTA, and GBA State General Funds $3,543 $3,543 $3,543 Changes in Operations / Administration 301.2 Provide additional funds for utilities, fuel and mileage reimbursement. State General Funds $20,652 $20,652 $20,652 Changes in How the Program is Funded 301.4 Change base budge to correct fund source type. Edward Byrne Memorial State Law Enforcement Assistance $100,000 CFDA16.580 Reduce & Prevent - Children's Exposure to Violence CFDA16.730 ($100,000) TOTAL PUBLIC FUNDS $0 Changes in the Size of the Program 301.3 Redistribute funds from Parole Supervision. State General Funds $400,000 $400,000 $400,000 Board Administration Appropriation (HB1026) The purpose is to provide administrative support for the agency. TOTAL STATE FUNDS $4,750,450 $4,750,450 $4,750,450 State General Funds $4,750,450 $4,750,450 $4,750,450 TOTAL FEDERAL FUNDS $100,000 $100,000 $100,000 Edward Byrne Memorial State Law Enforcement Assistance $100,000 CFDA16.580 Reduce & Prevent - Children's Exposure to Violence $100,000 $100,000 CFDA16.730 TOTAL PUBLIC FUNDS $4,850,450 $4,850,450 $4,850,450 THURSDAY, FEBRUARY 16, 2006 1183 302. Clemency Decisions Appropriation (HB85) The purpose is to investigate offenders when they enter the corrections system and make determinations about offender eligibility for parole. TOTAL STATE FUNDS $9,769,111 $9,769,111 $9,769,111 State General Funds $9,769,111 $9,769,111 $9,769,111 TOTAL PUBLIC FUNDS $9,769,111 $9,769,111 $9,769,111 Statewide Changes 302.1 WC, GTA, and GBA State General Funds $7,820 $7,820 $7,820 Changes in Operations / Administration 302.2 Provide additional funds for utilities, fuel and mileage reimbursement. State General Funds $15,452 $15,452 $15,452 Changes in the Size of the Program 302.3 Redistribute funds from the Parole Supervision program for increased records retention expenses. State General Funds $50,000 $50,000 $50,000 Clemency Decisions Appropriation (HB1026) The purpose is to investigate offenders when they enter the corrections system and make determinations about offender eligibility for parole. TOTAL STATE FUNDS $9,842,383 $9,842,383 $9,842,383 State General Funds $9,842,383 $9,842,383 $9,842,383 TOTAL PUBLIC FUNDS $9,842,383 $9,842,383 $9,842,383 303. Parole Supervision Appropriation (HB85) The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens. TOTAL STATE FUNDS $33,015,382 $33,015,382 $33,015,382 State General Funds $33,015,382 $33,015,382 $33,015,382 TOTAL PUBLIC FUNDS $33,015,382 $33,015,382 $33,015,382 Statewide Changes 303.1 WC, GTA, and GBA State General Funds $26,427 $26,427 $26,427 1184 JOURNAL OF THE HOUSE Changes in Operations / Administration 303.2 Provide additional funds for utilities, fuel and mileage reimbursement. State General Funds $311,081 $311,081 $311,081 One-Time Expense 303.8 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds received from insurance recovery. Rebates, Refunds, and Reimbursements Not Itemized $27,736 303.9 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds from search and seizures performed and overtime reimbursed by the US Marshals office. Asset Forfeiture CFDA99.OFA $11,611 Changes in the Size of the Program 303.3 Redistribute funds to Administration. State General Funds ($400,000) ($400,000) ($400,000) 303.4 Redistribute funds to the Clemency Decisions program for increased records retention expenses. State General Funds ($50,000) ($50,000) ($50,000) 303.5 Provide additional funding for substance abuse assessment and treatment. State General Funds $300,000 $300,000 $300,000 303.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to locate and capture absconded parolees. Community Prosecution & Project Safe Neighborhoods CFDA16.609 $13,915 303.7 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to fund the Atlanta Comprehensive Homicide project with the Atlanta Police Department. Edward Byrne Memorial State Law Enforcement Assistance $13,915 CFDA16.580 Parole Supervision Appropriation (HB1026) The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens. TOTAL STATE FUNDS $33,202,890 $33,202,890 $33,202,890 State General Funds $33,202,890 $33,202,890 $33,202,890 TOTAL FEDERAL FUNDS $39,441 Asset Forfeiture CFDA99.OFA $11,611 Community Prosecution & Project Safe Neighborhoods $13,915 THURSDAY, FEBRUARY 16, 2006 1185 CFDA16.609 Edward Byrne Memorial State Law Enforcement Assistance CFDA16.580 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $33,202,890 $33,202,890 $13,915 $27,736 $27,736 $27,736 $33,270,067 304. Victim Services Appropriation (HB85) 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 STATE FUNDS $516,467 $516,467 $516,467 State General Funds $516,467 $516,467 $516,467 TOTAL PUBLIC FUNDS $516,467 $516,467 $516,467 Statewide Changes 304.1 WC, GTA, and GBA State General Funds $413 $413 $413 Victim Services Appropriation (HB1026) 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 STATE FUNDS $516,880 $516,880 $516,880 State General Funds $516,880 $516,880 $516,880 TOTAL PUBLIC FUNDS $516,880 $516,880 $516,880 Section 36: Properties Commission, State TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total (HB85) $3,261,332 $3,261,332 $3,261,332 $3,261,332 $3,261,332 $3,261,332 $3,261,332 $3,261,332 $3,261,332 1186 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Final Section Totals $3,261,962 $3,261,962 $3,261,962 $3,261,962 $3,261,962 $3,261,962 $3,261,962 $3,261,962 $3,261,962 41. Space Management Appropriation (HB85) 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 STATE FUNDS $371,491 $371,491 $371,491 State General Funds $371,491 $371,491 $371,491 TOTAL PUBLIC FUNDS $371,491 $371,491 $371,491 Space Management Appropriation (HB1026) 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 STATE FUNDS $371,491 $371,491 $371,491 State General Funds $371,491 $371,491 $371,491 TOTAL PUBLIC FUNDS $371,491 $371,491 $371,491 305. Properties Commission, State Appropriation (HB85) 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 STATE FUNDS $558,553 $558,553 $558,553 State General Funds $558,553 $558,553 $558,553 TOTAL PUBLIC FUNDS $558,553 $558,553 $558,553 Statewide Changes 305.1 WC, GTA, and GBA State General Funds $630 $630 $630 Properties Commission, State Appropriation (HB1026) 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 STATE FUNDS $559,183 $559,183 $559,183 THURSDAY, FEBRUARY 16, 2006 1187 State General Funds TOTAL PUBLIC FUNDS $559,183 $559,183 $559,183 $559,183 $559,183 $559,183 306. Payments to Georgia Building Authority Appropriation (HB85) The purpose is to purchase, erect, and maintain buildings and other facilities to house agents and officials of the state government. TOTAL STATE FUNDS $2,331,288 $2,331,288 $2,331,288 State General Funds $2,331,288 $2,331,288 $2,331,288 TOTAL PUBLIC FUNDS $2,331,288 $2,331,288 $2,331,288 Payments to Georgia Building Authority Appropriation (HB1026) The purpose is to purchase, erect, and maintain buildings and other facilities to house agents and officials of the state government. TOTAL STATE FUNDS $2,331,288 $2,331,288 $2,331,288 State General Funds $2,331,288 $2,331,288 $2,331,288 TOTAL PUBLIC FUNDS $2,331,288 $2,331,288 $2,331,288 Section 37: Public Safety, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS National Motor Carrier Safety Administration CFDA20.218 State and Community Highway Safety CFDA20.600 TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total (HB85) $97,877,059 $97,877,059 $97,877,059 $97,877,059 $5,728,935 $5,728,935 $2,561,998 $2,561,998 $3,166,937 $3,166,937 $7,953,811 $7,953,811 $7,953,811 $7,953,811 $4,028,595 $4,028,595 $115,588,400 $115,588,400 Final Section Totals $99,726,696 $100,856,696 $99,726,696 $100,856,696 $5,728,935 $5,728,935 $97,877,059 $97,877,059 $5,728,935 $2,561,998 $3,166,937 $7,953,811 $7,953,811 $4,028,595 $115,588,400 $100,791,696 $100,791,696 $14,414,417 1188 JOURNAL OF THE HOUSE Asset Forfeiture CFDA99.OFA Assistance to Firefighters Grant CFDA97.044 Byrne Formula Grant Program CFDA16.579 CDC-Investigations & Technical Assistance CFDA93.283 Cooperative Forestry Assistance CFDA10.664 Edward Byrne Memorial State Law Enforcement Assistance CFDA16.580 Highway Safety Data Improvements Incentive Grants CFDA20.603 National Motor Carrier Safety Administration CFDA20.218 Police Corps CFDA16.712 Safety Incentives to Prevent Oper. of Vehicles by Intoxicated Persons CFDA20.605 State and Community Highway Safety CFDA20.600 State and Local Homeland Security Training Program CFDA97.005 State Domestic Preparedness Equipment Support CFDA97.004 State Fire Training Systems Grants CFDA97.043 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS $2,561,998 $3,166,937 $7,953,811 $7,953,811 $4,028,595 $117,438,037 $2,561,998 $3,166,937 $7,953,811 $7,953,811 $4,028,595 $118,568,037 $239,375 $14,075 $445,842 $37,939 $21,220 $559,164 $11,800 $2,883,674 $97,575 $1,503,602 $8,130,555 $379,429 $5,567 $84,600 $8,246,562 $3,115 $8,243,447 $6,810,880 $130,263,555 307. Aviation Appropriation (HB85) 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 STATE FUNDS $2,307,130 $2,307,130 $2,307,130 State General Funds $2,307,130 $2,307,130 $2,307,130 TOTAL PUBLIC FUNDS $2,307,130 $2,307,130 $2,307,130 Statewide Changes 307.1 WC, GTA, and GBA THURSDAY, FEBRUARY 16, 2006 1189 State General Funds $3,489 $3,489 $3,489 One-Time Expense 307.2 Renovate Reidsville State Patrol Hangar. State General Funds $250,000 307.3 Repair state patrol hangar at the Thomson-McDuffie County Airport. State General Funds $250,000 Changes in the Size of the Program 307.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds received from seizures. Asset Forfeiture CFDA99.OFA $5,936 Aviation Appropriation (HB1026) 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 STATE FUNDS $2,310,619 $2,310,619 $2,810,619 State General Funds $2,310,619 $2,310,619 $2,810,619 TOTAL FEDERAL FUNDS $5,936 Asset Forfeiture CFDA99.OFA $5,936 TOTAL PUBLIC FUNDS $2,310,619 $2,310,619 $2,816,555 308. Capitol Police Services Appropriation (HB85) The purpose is to protect life and property, prevent and detect criminal acts, and enforce traffic regulations throughout the Capitol. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,151,435 $3,151,435 $3,151,435 Agency to Agency Contracts $3,151,435 $3,151,435 $3,151,435 TOTAL PUBLIC FUNDS $3,151,435 $3,151,435 $3,151,435 Changes in the Size of the Program 308.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds from the Georgia Building Authority. Agency to Agency Contracts $2,782,285 1190 JOURNAL OF THE HOUSE Capitol Police Services Appropriation (HB1026) The purpose is to protect life and property, prevent and detect criminal acts, and enforce traffic regulations throughout the Capitol. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,151,435 $3,151,435 $5,933,720 Agency to Agency Contracts $3,151,435 $3,151,435 $5,933,720 TOTAL PUBLIC FUNDS $3,151,435 $3,151,435 $5,933,720 309. Departmental Administration Appropriation (HB85) The purpose is to work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state. TOTAL STATE FUNDS $9,816,239 $9,816,239 $9,816,239 State General Funds $9,816,239 $9,816,239 $9,816,239 TOTAL PUBLIC FUNDS $9,816,239 $9,816,239 $9,816,239 Statewide Changes 309.1 WC, GTA, and GBA State General Funds $12,312 $12,312 $12,312 Changes in the Size of the Program 309.2 Transfer one position and funds from the Department of Revenue as part of the reorganization of the Department of Motor Vehicles. State General Funds $30,000 $30,000 $30,000 309.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds received from seizures. Asset Forfeiture CFDA99.OFA $43,820 Departmental Administration Appropriation (HB1026) The purpose is to work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state. TOTAL STATE FUNDS $9,858,551 $9,858,551 $9,858,551 State General Funds $9,858,551 $9,858,551 $9,858,551 TOTAL FEDERAL FUNDS $43,820 Asset Forfeiture CFDA99.OFA $43,820 TOTAL PUBLIC FUNDS $9,858,551 $9,858,551 $9,902,371 THURSDAY, FEBRUARY 16, 2006 1191 310. Executive Security Services Appropriation (HB85) 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 STATE FUNDS $1,050,978 $1,050,978 $1,050,978 State General Funds $1,050,978 $1,050,978 $1,050,978 TOTAL PUBLIC FUNDS $1,050,978 $1,050,978 $1,050,978 Statewide Changes 310.1 WC, GTA, and GBA State General Funds $2,307 $2,307 $2,307 Changes in the Size of the Program 310.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds received from seizures. Asset Forfeiture CFDA99.OFA $5,000 Executive Security Services Appropriation (HB1026) 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 STATE FUNDS $1,053,285 $1,053,285 $1,053,285 State General Funds $1,053,285 $1,053,285 $1,053,285 TOTAL FEDERAL FUNDS $5,000 Asset Forfeiture CFDA99.OFA $5,000 TOTAL PUBLIC FUNDS $1,053,285 $1,053,285 $1,058,285 311. Field Offices and Services Appropriation (HB85) 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 STATE FUNDS $60,086,195 $60,086,195 $60,086,195 State General Funds $60,086,195 $60,086,195 $60,086,195 TOTAL PUBLIC FUNDS $60,086,195 $60,086,195 $60,086,195 Statewide Changes 311.1 WC, GTA, and GBA State General Funds $135,952 $135,952 $135,952 1192 JOURNAL OF THE HOUSE One-Time Expense 311.2 Replace 70 patrol vehicles in excess of 135,000 miles. (S:95 patrol vehicles) State General Funds $1,478,292 $1,478,292 $2,003,292 311.3 Provide one-time grant funding to offset telecommunications costs for sworn Troopers. State General Funds $790,000 $0 Changes in the Size of the Program 311.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to recognize agency funds received from security details, escort services, donations and other miscellaneous revenue. Donations $3,115 Sales and Services Not Itemized $90,913 TOTAL PUBLIC FUNDS $94,028 311.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to fund SWAT equipment, the Chatham County K-9 Initiative, DUI Task Force, Trooper Representative for ALS and the Governor's Task Force. Asset Forfeiture CFDA99.OFA $169,229 Edward Byrne Memorial State Law Enforcement Assistance $559,164 CFDA16.580 Safety Incentives to Prevent Oper. of Vehicles by Intoxicated $107,902 Persons CFDA20.605 State and Community Highway Safety CFDA20.600 $415,571 State Domestic Preparedness Equipment Support CFDA97.004 $5,567 TOTAL PUBLIC FUNDS $1,257,433 Field Offices and Services Appropriation (HB1026) 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 STATE FUNDS $61,700,439 $62,490,439 $62,225,439 State General Funds $61,700,439 $62,490,439 $62,225,439 TOTAL FEDERAL FUNDS $1,257,433 Asset Forfeiture CFDA99.OFA $169,229 Edward Byrne Memorial State Law Enforcement Assistance $559,164 CFDA16.580 THURSDAY, FEBRUARY 16, 2006 1193 Safety Incentives to Prevent Oper. of Vehicles by Intoxicated Persons CFDA20.605 State and Community Highway Safety CFDA20.600 State Domestic Preparedness Equipment Support CFDA97.004 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Donations Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $61,700,439 $62,490,439 $107,902 $415,571 $5,567 $94,028 $3,115 $3,115 $90,913 $90,913 $63,576,900 312. Motor Carrier Compliance Appropriation (HB85) The purpose is to enforce and administer state laws and regulations for mandated programs relating to driver safety and driver education for both novice and problem drivers. TOTAL STATE FUNDS $6,329,515 $6,329,515 $6,329,515 State General Funds $6,329,515 $6,329,515 $6,329,515 TOTAL FEDERAL FUNDS $2,561,998 $2,561,998 $2,561,998 National Motor Carrier Safety Administration CFDA20.218 $2,561,998 $2,561,998 $2,561,998 TOTAL AGENCY FUNDS $7,196,898 $7,196,898 $7,196,898 Sales and Services $7,196,898 $7,196,898 $7,196,898 Permits $7,196,898 $7,196,898 $7,196,898 TOTAL PUBLIC FUNDS $16,088,411 $16,088,411 $16,088,411 Statewide Changes 312.1 WC, GTA, and GBA State General Funds $13,366 $13,366 $13,366 Changes in the Size of the Program 312.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal incentive funds. National Motor Carrier Safety Administration CFDA20.218 $321,676 Motor Carrier Compliance Appropriation (HB1026) The purpose is to enforce and administer state laws and regulations for mandated programs relating to driver safety and 1194 JOURNAL OF THE HOUSE driver education for both novice and problem drivers. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS National Motor Carrier Safety Administration CFDA20.218 TOTAL AGENCY FUNDS Sales and Services Permits TOTAL PUBLIC FUNDS $6,342,881 $6,342,881 $2,561,998 $2,561,998 $7,196,898 $7,196,898 $7,196,898 $16,101,777 $6,342,881 $6,342,881 $2,561,998 $2,561,998 $7,196,898 $7,196,898 $7,196,898 $16,101,777 $6,342,881 $6,342,881 $2,883,674 $2,883,674 $7,196,898 $7,196,898 $7,196,898 $16,423,453 313. Specialized Collision Reconstruction Team Appropriation (HB85) 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 STATE FUNDS $2,150,997 $2,150,997 $2,150,997 State General Funds $2,150,997 $2,150,997 $2,150,997 TOTAL PUBLIC FUNDS $2,150,997 $2,150,997 $2,150,997 Statewide Changes 313.1 WC, GTA, and GBA State General Funds $5,338 $5,338 $5,338 Changes in the Size of the Program 313.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds received from seizures. Asset Forfeiture CFDA99.OFA $12,770 Specialized Collision Reconstruction Team Appropriation (HB1026) 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 STATE FUNDS $2,156,335 $2,156,335 $2,156,335 State General Funds $2,156,335 $2,156,335 $2,156,335 TOTAL FEDERAL FUNDS $12,770 Asset Forfeiture CFDA99.OFA $12,770 TOTAL PUBLIC FUNDS $2,156,335 $2,156,335 $2,169,105 THURSDAY, FEBRUARY 16, 2006 1195 314. Troop J Specialty Units Appropriation (HB85) 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 STATE FUNDS $2,204,535 $2,204,535 $2,204,535 State General Funds $2,204,535 $2,204,535 $2,204,535 TOTAL PUBLIC FUNDS $2,204,535 $2,204,535 $2,204,535 Statewide Changes 314.1 WC, GTA, and GBA State General Funds $5,128 $5,128 $5,128 Changes in the Size of the Program 314.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds received from seizures. Asset Forfeiture CFDA99.OFA $2,620 Troop J Specialty Units Appropriation (HB1026) 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 STATE FUNDS $2,209,663 $2,209,663 $2,209,663 State General Funds $2,209,663 $2,209,663 $2,209,663 TOTAL FEDERAL FUNDS $2,620 Asset Forfeiture CFDA99.OFA $2,620 TOTAL PUBLIC FUNDS $2,209,663 $2,209,663 $2,212,283 315. Fire Academy, Georgia The purpose is to provide professional training for firefighters. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Training Fees TOTAL PUBLIC FUNDS Statewide Changes Appropriation (HB85) $993,773 $993,773 $152,680 $152,680 $152,680 $1,146,453 $993,773 $993,773 $152,680 $152,680 $152,680 $1,146,453 $993,773 $993,773 $152,680 $152,680 $152,680 $1,146,453 1196 JOURNAL OF THE HOUSE 315.1 WC, GTA, and GBA State General Funds $1,036 $1,036 $1,036 One-Time Expense 315.2 Increase funds to upgrade burners, igniters, and control panels in the 8 regional burn buildings. State General Funds $75,000 $75,000 $75,000 Changes in the Size of the Program 315.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds for training. Assistance to Firefighters Grant CFDA97.044 $14,075 Cooperative Forestry Assistance CFDA10.664 $21,220 State Fire Training Systems Grants CFDA97.043 $84,600 TOTAL PUBLIC FUNDS $119,895 Fire Academy, Georgia Appropriation (HB1026) The purpose is to provide professional training for firefighters. TOTAL STATE FUNDS $1,069,809 $1,069,809 $1,069,809 State General Funds $1,069,809 $1,069,809 $1,069,809 TOTAL FEDERAL FUNDS $119,895 Assistance to Firefighters Grant CFDA97.044 $14,075 Cooperative Forestry Assistance CFDA10.664 $21,220 State Fire Training Systems Grants CFDA97.043 $84,600 TOTAL AGENCY FUNDS $152,680 $152,680 $152,680 Sales and Services $152,680 $152,680 $152,680 Training Fees $152,680 $152,680 $152,680 TOTAL PUBLIC FUNDS $1,222,489 $1,222,489 $1,342,384 316. Firefighter Standards and Training Council, Georgia Appropriation (HB85) The purpose is to provide minimum certification standards for all firefighters and public safety professionals. TOTAL STATE FUNDS $551,565 $551,565 $551,565 State General Funds $551,565 $551,565 $551,565 TOTAL PUBLIC FUNDS $551,565 $551,565 $551,565 Statewide Changes THURSDAY, FEBRUARY 16, 2006 1197 316.1 WC, GTA, and GBA State General Funds $345 $345 $345 One-Time Expense 316.2 Fund the conversion of the written firefighters certification test to a web-based system. State General Funds $15,490 $15,490 $15,490 Changes in the Size of the Program 316.3 Fund the use of state certified firefighters to evaluate firefighters certification tests. State General Funds $50,000 $50,000 $50,000 Firefighter Standards and Training Council, Georgia Appropriation (HB1026) The purpose is to provide minimum certification standards for all firefighters and public safety professionals. TOTAL STATE FUNDS $617,400 $617,400 $617,400 State General Funds $617,400 $617,400 $617,400 TOTAL PUBLIC FUNDS $617,400 $617,400 $617,400 317. Highway Safety, Office of Appropriation (HB85) 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 STATE FUNDS $485,876 $485,876 $485,876 State General Funds $485,876 $485,876 $485,876 TOTAL FEDERAL FUNDS $3,166,937 $3,166,937 $3,166,937 State and Community Highway Safety CFDA20.600 $3,166,937 $3,166,937 $3,166,937 TOTAL PUBLIC FUNDS $3,652,813 $3,652,813 $3,652,813 Statewide Changes 317.1 WC, GTA, and GBA State General Funds $1,509 $1,509 $1,509 Changes in the Size of the Program 317.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to fund various programs. Highway Safety Data Improvements Incentive Grants CFDA20.603 $11,800 Safety Incentives to Prevent Oper. of Vehicles by Intoxicated $1,395,700 Persons CFDA20.605 1198 JOURNAL OF THE HOUSE State and Community Highway Safety CFDA20.600 $4,146,088 TOTAL PUBLIC FUNDS $5,553,588 Highway Safety, Office of Appropriation (HB1026) 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 STATE FUNDS $487,385 $487,385 $487,385 State General Funds $487,385 $487,385 $487,385 TOTAL FEDERAL FUNDS $3,166,937 $3,166,937 $8,720,525 Highway Safety Data Improvements Incentive Grants $11,800 CFDA20.603 Safety Incentives to Prevent Oper. of Vehicles by Intoxicated $1,395,700 Persons CFDA20.605 State and Community Highway Safety CFDA20.600 $3,166,937 $3,166,937 $7,313,025 TOTAL PUBLIC FUNDS $3,654,322 $3,654,322 $9,207,910 318. Peace Officer Standards and Training Council, Georgia Appropriation (HB85) The purpose is to provide the citizens of Georgia with qualified, professionally trained, ethical and competent peace officers and criminal justice professionals. TOTAL STATE FUNDS $1,905,971 $1,905,971 $1,905,971 State General Funds $1,905,971 $1,905,971 $1,905,971 TOTAL PUBLIC FUNDS $1,905,971 $1,905,971 $1,905,971 Statewide Changes 318.1 WC, GTA, and GBA State General Funds $1,266 $1,266 $1,266 One-Time Expense 318.4 Provide funds for personal services to pay accrued leave for two retiring employees. State General Funds $40,000 $40,000 Changes in the Size of the Program 318.2 Transfer an investigator position from the Department of Corrections. State General Funds $10,767 $10,767 $10,767 THURSDAY, FEBRUARY 16, 2006 1199 318.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds collected for fees for certification of a peace officer. Training Fees $24,795 Peace Officer Standards and Training Council, Georgia Appropriation (HB1026) The purpose is to provide the citizens of Georgia with qualified, professionally trained, ethical and competent peace officers and criminal justice professionals. TOTAL STATE FUNDS $1,918,004 $1,958,004 $1,958,004 State General Funds $1,918,004 $1,958,004 $1,958,004 TOTAL AGENCY FUNDS $24,795 Sales and Services $24,795 Training Fees $24,795 TOTAL PUBLIC FUNDS $1,918,004 $1,958,004 $1,982,799 319. Police Academy, Georgia Appropriation (HB85) 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 STATE FUNDS $1,120,740 $1,120,740 $1,120,740 State General Funds $1,120,740 $1,120,740 $1,120,740 TOTAL AGENCY FUNDS $121,094 $121,094 $121,094 Sales and Services $121,094 $121,094 $121,094 Training Fees $121,094 $121,094 $121,094 TOTAL PUBLIC FUNDS $1,241,834 $1,241,834 $1,241,834 Statewide Changes 319.1 WC, GTA, and GBA State General Funds $1,554 $1,554 $1,554 Changes in the Size of the Program 319.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to provide statewide terrorism training and training for the Drug Recognition Program. Byrne Formula Grant Program CFDA16.579 $445,842 State and Community Highway Safety CFDA20.600 $401,959 State and Local Homeland Security Training Program CFDA97.005 $379,429 1200 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $1,227,230 Police Academy, Georgia Appropriation (HB1026) 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 STATE FUNDS $1,122,294 $1,122,294 $1,122,294 State General Funds $1,122,294 $1,122,294 $1,122,294 TOTAL FEDERAL FUNDS $1,227,230 Byrne Formula Grant Program CFDA16.579 $445,842 State and Community Highway Safety CFDA20.600 $401,959 State and Local Homeland Security Training Program CFDA97.005 $379,429 TOTAL AGENCY FUNDS $121,094 $121,094 $121,094 Sales and Services $121,094 $121,094 $121,094 Training Fees $121,094 $121,094 $121,094 TOTAL PUBLIC FUNDS $1,243,388 $1,243,388 $2,470,618 320. Public Safety Training Center, Georgia Appropriation (HB85) 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 STATE FUNDS $8,873,545 $8,873,545 $8,873,545 State General Funds $8,873,545 $8,873,545 $8,873,545 TOTAL AGENCY FUNDS $483,139 $483,139 $483,139 Sales and Services $483,139 $483,139 $483,139 Training Fees $483,139 $483,139 $483,139 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $877,160 $877,160 $877,160 Agency to Agency Contracts $877,160 $877,160 $877,160 TOTAL PUBLIC FUNDS $10,233,844 $10,233,844 $10,233,844 Statewide Changes 320.1 WC, GTA, and GBA State General Funds $6,486 $6,486 $6,486 THURSDAY, FEBRUARY 16, 2006 1201 Changes in the Size of the Program 320.2 Transfer the Dalton Diversion Center to the Department of Public Safety to develop as a training center. State General Funds $300,000 $0 320.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognizing agency funds received from meals, rental, tuitions, and training fees. CDC-Investigations & Technical Assistance CFDA93.283 $37,939 Police Corps CFDA16.712 $97,575 Sales and Services Not Itemized $173,928 TOTAL PUBLIC FUNDS $309,442 Public Safety Training Center, Georgia Appropriation (HB1026) 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 STATE FUNDS $8,880,031 $9,180,031 $8,880,031 State General Funds $8,880,031 $9,180,031 $8,880,031 TOTAL FEDERAL FUNDS $135,514 CDC-Investigations & Technical Assistance CFDA93.283 $37,939 Police Corps CFDA16.712 $97,575 TOTAL AGENCY FUNDS $483,139 $483,139 $657,067 Sales and Services $483,139 $483,139 $657,067 Sales and Services Not Itemized $173,928 Training Fees $483,139 $483,139 $483,139 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $877,160 $877,160 $877,160 Agency to Agency Contracts $877,160 $877,160 $877,160 TOTAL PUBLIC FUNDS $10,240,330 $10,540,330 $10,549,772 Section 38: Public Service Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Pipeline Safety CFDA 20.700 Section Total (HB85) $8,405,867 $8,405,867 $8,405,867 $8,405,867 $273,311 $273,311 $273,311 $273,311 $8,405,867 $8,405,867 $273,311 $273,311 1202 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Pipeline Safety CFDA 20.700 TOTAL PUBLIC FUNDS $8,679,178 $8,679,178 Final Section Totals $8,412,390 $8,462,390 $8,412,390 $8,462,390 $273,311 $273,311 $273,311 $273,311 $8,685,701 $8,735,701 $8,679,178 $8,462,390 $8,462,390 $273,311 $273,311 $8,735,701 321. Commission Administration Appropriation (HB85) The purpose is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,401,396 $1,401,396 $1,401,396 State General Funds $1,401,396 $1,401,396 $1,401,396 TOTAL PUBLIC FUNDS $1,401,396 $1,401,396 $1,401,396 Statewide Changes 321.1 WC, GTA, and GBA State General Funds $1,024 $1,024 $1,024 Changes in the Size of the Program 321.2 Transfer funds to the Utilities Regulation program to properly align expenditures among programs. State General Funds ($87,986) ($87,986) ($87,986) Commission Administration Appropriation (HB1026) The purpose is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,314,434 $1,314,434 $1,314,434 State General Funds $1,314,434 $1,314,434 $1,314,434 TOTAL PUBLIC FUNDS $1,314,434 $1,314,434 $1,314,434 322. Facility Protection Appropriation (HB85) The purpose of this is to provide for the protection of the buried utility facility infrastructure within the State of Georgia. TOTAL STATE FUNDS $665,164 $665,164 $665,164 State General Funds $665,164 $665,164 $665,164 TOTAL FEDERAL FUNDS $273,311 $273,311 $273,311 Pipeline Safety CFDA 20.700 $273,311 $273,311 $273,311 THURSDAY, FEBRUARY 16, 2006 1203 TOTAL PUBLIC FUNDS $938,475 $938,475 $938,475 Statewide Changes 322.1 WC, GTA, and GBA State General Funds $579 $579 $579 Changes in the Size of the Program 322.2 Transfer funds to the Utilities Regulation program to properly align expenditures among programs. State General Funds ($60,519) ($60,519) ($60,519) Facility Protection Appropriation (HB1026) The purpose of this is to provide for the protection of the buried utility facility infrastructure within the State of Georgia. TOTAL STATE FUNDS $605,224 $605,224 $605,224 State General Funds $605,224 $605,224 $605,224 TOTAL FEDERAL FUNDS $273,311 $273,311 $273,311 Pipeline Safety CFDA 20.700 $273,311 $273,311 $273,311 TOTAL PUBLIC FUNDS $878,535 $878,535 $878,535 323. Utilities Regulation Appropriation (HB85) The purpose is to regulate intrastate telecommunications, natural gas, and electric utilities. TOTAL STATE FUNDS $6,339,307 $6,339,307 $6,339,307 State General Funds $6,339,307 $6,339,307 $6,339,307 TOTAL PUBLIC FUNDS $6,339,307 $6,339,307 $6,339,307 Statewide Changes 323.1 WC, GTA, and GBA State General Funds $4,920 $4,920 $4,920 One-Time Expense 323.5 Provide funding for the Georgia Power Fuel Cost Recovery case State General Funds $50,000 $50,000 Changes in the Size of the Program 323.2 Transfer funds from the Administration program to properly align expenditures among programs. State General Funds $87,986 $87,986 $87,986 323.3 Transfer funds from the Facilities Protection program to properly align expenditures among programs. State General Funds $60,519 $60,519 $60,519 1204 JOURNAL OF THE HOUSE Utilities Regulation Appropriation (HB1026) The purpose is to regulate intrastate telecommunications, natural gas, and electric utilities. TOTAL STATE FUNDS $6,492,732 $6,542,732 $6,542,732 State General Funds $6,492,732 $6,542,732 $6,542,732 TOTAL PUBLIC FUNDS $6,492,732 $6,542,732 $6,542,732 Section 39: Regents, University System of Georgia TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Payments to Ag Experiment Stations Under the Hatch Act CFDA10.203 State Library Program CFDA 45.310 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Payments to Ag Experiment Stations Under the Hatch Act CFDA10.203 State Library Program CFDA 45.310 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Section Total (HB85) $1,812,797,698 $1,812,797,698 $1,796,565,144 $1,796,565,144 $16,232,554 $16,232,554 $12,200,352 $12,200,352 $9,691,144 $9,691,144 $1,812,797,698 $1,796,565,144 $16,232,554 $12,200,352 $9,691,144 $2,509,208 $2,509,208 $2,672,930,319 $2,672,930,319 $41,990,014 $41,990,014 $1,512,397,225 $1,512,397,225 $40,830,855 $40,830,855 $1,077,712,225 $1,077,712,225 $4,497,928,369 $4,497,928,369 Final Section Totals $1,817,710,890 $1,818,503,890 $1,801,478,336 $1,802,271,336 $16,232,554 $16,232,554 $12,200,352 $12,200,352 $9,691,144 $9,691,144 $2,509,208 $2,672,930,319 $41,990,014 $1,512,397,225 $40,830,855 $1,077,712,225 $4,497,928,369 $1,821,003,890 $1,804,771,336 $16,232,554 $12,200,352 $9,691,144 $2,509,208 $2,672,930,319 $41,990,014 $2,509,208 $2,672,930,319 $41,990,014 $2,509,208 $2,702,794,070 $41,990,014 THURSDAY, FEBRUARY 16, 2006 1205 Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS $1,512,397,225 $40,830,855 $1,077,712,225 $4,502,841,561 $1,512,397,225 $40,830,855 $1,077,712,225 $4,503,634,561 $1,519,827,644 $52,980,546 $5,000 $1,087,990,866 $4,535,998,312 324. Advanced Technology Development Center / Economic Appropriation (HB85) 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 STATE FUNDS $8,852,624 $8,852,624 $8,852,624 State General Funds $8,852,624 $8,852,624 $8,852,624 TOTAL AGENCY FUNDS $12,875,000 $12,875,000 $12,875,000 Intergovernmental Transfers $7,875,000 $7,875,000 $7,875,000 University System of Georgia Research Funds $7,875,000 $7,875,000 $7,875,000 Sales and Services $5,000,000 $5,000,000 $5,000,000 Advanced Technology Development Center Income $4,175,000 $4,175,000 $4,175,000 Auxiliary Services $825,000 $825,000 $825,000 TOTAL PUBLIC FUNDS $21,727,624 $21,727,624 $21,727,624 Changes in How the Program is Funded 324.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for an increase in departmental funds. Advanced Technology Development Center Income $160,461 Advanced Technology Development Center/Economic Appropriation (HB1026) 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 STATE FUNDS $8,852,624 $8,852,624 $8,852,624 State General Funds $8,852,624 $8,852,624 $8,852,624 TOTAL AGENCY FUNDS $12,875,000 $12,875,000 $13,035,461 Intergovernmental Transfers $7,875,000 $7,875,000 $7,875,000 1206 JOURNAL OF THE HOUSE University System of Georgia Research Funds Sales and Services Advanced Technology Development Center Income Auxiliary Services TOTAL PUBLIC FUNDS $7,875,000 $5,000,000 $4,175,000 $825,000 $21,727,624 $7,875,000 $5,000,000 $4,175,000 $825,000 $21,727,624 $7,875,000 $5,160,461 $4,335,461 $825,000 $21,888,085 325. Agricultural Experiment Station Appropriation (HB85) The purpose is to improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competitiveness. TOTAL STATE FUNDS $38,481,866 $38,481,866 $38,481,866 State General Funds $38,481,866 $38,481,866 $38,481,866 TOTAL FEDERAL FUNDS $4,604,976 $4,604,976 $4,604,976 Payments to Ag Experiment Stations Under the Hatch Act $4,604,976 $4,604,976 $4,604,976 CFDA10.203 TOTAL AGENCY FUNDS $27,836,286 $27,836,286 $27,836,286 Intergovernmental Transfers $22,000,000 $22,000,000 $22,000,000 University System of Georgia Research Funds $22,000,000 $22,000,000 $22,000,000 Rebates, Refunds, and Reimbursements $1,800,000 $1,800,000 $1,800,000 Rebates, Refunds, and Reimbursements Not Itemized $1,800,000 $1,800,000 $1,800,000 Sales and Services $4,036,286 $4,036,286 $4,036,286 Agricultural Experiment Station Income $4,036,286 $4,036,286 $4,036,286 TOTAL PUBLIC FUNDS $70,923,128 $70,923,128 $70,923,128 Changes in the Size of the Program 325.1 Provide funding to minimize transfers from service level activities to cover ongoing maintenance and operations. State General Funds $300,000 $300,000 $300,000 Agricultural Experiment Station Appropriation (HB1026) The purpose is to improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competitiveness. TOTAL STATE FUNDS $38,781,866 $38,781,866 $38,781,866 State General Funds $38,781,866 $38,781,866 $38,781,866 TOTAL FEDERAL FUNDS $4,604,976 $4,604,976 $4,604,976 THURSDAY, FEBRUARY 16, 2006 1207 Payments to Ag Experiment Stations Under the Hatch Act CFDA10.203 TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Agricultural Experiment Station Income TOTAL PUBLIC FUNDS $4,604,976 $27,836,286 $22,000,000 $22,000,000 $1,800,000 $1,800,000 $4,036,286 $4,036,286 $71,223,128 $4,604,976 $27,836,286 $22,000,000 $22,000,000 $1,800,000 $1,800,000 $4,036,286 $4,036,286 $71,223,128 $4,604,976 $27,836,286 $22,000,000 $22,000,000 $1,800,000 $1,800,000 $4,036,286 $4,036,286 $71,223,128 326. Athens and Tifton Veterinary Laboratories Appropriation (HB85) 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 STATE FUNDS $41,542 $41,542 $41,542 State General Funds $41,542 $41,542 $41,542 TOTAL AGENCY FUNDS $4,653,970 $4,653,970 $4,653,970 Intergovernmental Transfers $4,653,970 $4,653,970 $4,653,970 University System of Georgia Research Funds $4,653,970 $4,653,970 $4,653,970 TOTAL PUBLIC FUNDS $4,695,512 $4,695,512 $4,695,512 Athens and Tifton Veterinary Laboratories Appropriation (HB1026) 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 STATE FUNDS $41,542 $41,542 $41,542 State General Funds $41,542 $41,542 $41,542 TOTAL AGENCY FUNDS $4,653,970 $4,653,970 $4,653,970 Intergovernmental Transfers $4,653,970 $4,653,970 $4,653,970 University System of Georgia Research Funds $4,653,970 $4,653,970 $4,653,970 TOTAL PUBLIC FUNDS $4,695,512 $4,695,512 $4,695,512 1208 JOURNAL OF THE HOUSE 327. Center for Assistive Technology and Environmental Appropriation (HB85) The purpose is to provide research and development activities to target the increase function and independence of persons with disabilities. TOTAL STATE FUNDS $326,080 $326,080 $326,080 State General Funds $326,080 $326,080 $326,080 TOTAL PUBLIC FUNDS $326,080 $326,080 $326,080 Changes in How the Program is Funded 327.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reflect the annual operating budget for Disability Related Services. University System of Georgia Research Funds $1,590,309 Rebates, Refunds, and Reimbursements Not Itemized $468,670 TOTAL PUBLIC FUNDS $2,058,979 Center for Assistive Technology and Environmental Access Appropriation (HB1026) The purpose is to provide research and development activities to target the increase function and independence of persons with disabilities. TOTAL STATE FUNDS $326,080 $326,080 $326,080 State General Funds $326,080 $326,080 $326,080 TOTAL AGENCY FUNDS $2,058,979 Intergovernmental Transfers $1,590,309 University System of Georgia Research Funds $1,590,309 Rebates, Refunds, and Reimbursements $468,670 Rebates, Refunds, and Reimbursements Not Itemized $468,670 TOTAL PUBLIC FUNDS $326,080 $326,080 $2,385,059 328. Cooperative Extension Service Appropriation (HB85) The purpose is to enhance the quality of life for Georgia's citizens through service, learning and the adaptation of research based information. TOTAL STATE FUNDS $31,779,748 $31,779,748 $31,779,748 State General Funds $31,779,748 $31,779,748 $31,779,748 TOTAL FEDERAL FUNDS $5,086,168 $5,086,168 $5,086,168 THURSDAY, FEBRUARY 16, 2006 1209 Payments to Ag Experiment Stations Under the Hatch Act $5,086,168 $5,086,168 $5,086,168 CFDA10.203 TOTAL AGENCY FUNDS $18,007,969 $18,007,969 $18,007,969 Intergovernmental Transfers $15,460,075 $15,460,075 $15,460,075 University System of Georgia Research Funds $15,460,075 $15,460,075 $15,460,075 Rebates, Refunds, and Reimbursements $125,000 $125,000 $125,000 Rebates, Refunds, and Reimbursements Not Itemized $125,000 $125,000 $125,000 Sales and Services $2,422,894 $2,422,894 $2,422,894 Cooperative Extension Service Income $2,422,894 $2,422,894 $2,422,894 TOTAL PUBLIC FUNDS $54,873,885 $54,873,885 $54,873,885 Changes in How the Program is Funded 328.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for an increase in conference revenues. Cooperative Extension Service Income $450,000 Cooperative Extension Service Appropriation (HB1026) The purpose is to enhance the quality of life for Georgia's citizens through service, learning and the adaptation of research based information. TOTAL STATE FUNDS $31,779,748 $31,779,748 $31,779,748 State General Funds $31,779,748 $31,779,748 $31,779,748 TOTAL FEDERAL FUNDS $5,086,168 $5,086,168 $5,086,168 Payments to Ag Experiment Stations Under the Hatch Act $5,086,168 $5,086,168 $5,086,168 CFDA10.203 TOTAL AGENCY FUNDS $18,007,969 $18,007,969 $18,457,969 Intergovernmental Transfers $15,460,075 $15,460,075 $15,460,075 University System of Georgia Research Funds $15,460,075 $15,460,075 $15,460,075 Rebates, Refunds, and Reimbursements $125,000 $125,000 $125,000 Rebates, Refunds, and Reimbursements Not Itemized $125,000 $125,000 $125,000 Sales and Services $2,422,894 $2,422,894 $2,872,894 Cooperative Extension Service Income $2,422,894 $2,422,894 $2,872,894 TOTAL PUBLIC FUNDS $54,873,885 $54,873,885 $55,323,885 1210 JOURNAL OF THE HOUSE 329. Forestry Cooperative Extension Appropriation (HB85) 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 STATE FUNDS $632,486 $632,486 $632,486 State General Funds $632,486 $632,486 $632,486 TOTAL PUBLIC FUNDS $632,486 $632,486 $632,486 Changes in How the Program is Funded 329.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for an increase in conference revenues. Forestry Cooperative Extension Income $4,000 Forestry Cooperative Extension Appropriation (HB1026) 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 STATE FUNDS $632,486 $632,486 $632,486 State General Funds $632,486 $632,486 $632,486 TOTAL AGENCY FUNDS $4,000 Sales and Services $4,000 Forestry Cooperative Extension Income $4,000 TOTAL PUBLIC FUNDS $632,486 $632,486 $636,486 330. Forestry Research Appropriation (HB85) 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 STATE FUNDS $3,011,535 $3,011,535 $3,011,535 State General Funds $3,011,535 $3,011,535 $3,011,535 TOTAL PUBLIC FUNDS $3,011,535 $3,011,535 $3,011,535 Changes in How the Program is Funded 330.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for an increase in departmental funds. Royalties and Rents Not Itemized $5,000 Forestry Research Income $130,000 THURSDAY, FEBRUARY 16, 2006 1211 Timber Sales $400,000 TOTAL PUBLIC FUNDS $535,000 Forestry Research Appropriation (HB1026) 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 STATE FUNDS $3,011,535 $3,011,535 $3,011,535 State General Funds $3,011,535 $3,011,535 $3,011,535 TOTAL AGENCY FUNDS $535,000 Royalties and Rents $5,000 Royalties and Rents Not Itemized $5,000 Sales and Services $530,000 Forestry Research Income $130,000 Timber Sales $400,000 TOTAL PUBLIC FUNDS $3,011,535 $3,011,535 $3,546,535 331. Georgia Radiation Therapy Center The purpose is to provide patient care and education. TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Donations TOTAL PUBLIC FUNDS Georgia Radiation Therapy Center The purpose is to provide patient care and education. TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Donations TOTAL PUBLIC FUNDS Appropriation (HB85) $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 Appropriation (HB1026) $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 332. Georgia Tech Research Institute Appropriation (HB85) The purpose is to aid in the promotion of scientific, engineering, and industrial research for the advancement of science, technology and education in Georgia. 1212 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $6,842,095 $6,842,095 $6,842,095 State General Funds $6,842,095 $6,842,095 $6,842,095 TOTAL AGENCY FUNDS $122,917,958 $122,917,958 $122,917,958 Intergovernmental Transfers $76,469,736 $76,469,736 $76,469,736 University System of Georgia Research Funds $76,469,736 $76,469,736 $76,469,736 Rebates, Refunds, and Reimbursements $38,748,222 $38,748,222 $38,748,222 Rebates, Refunds, and Reimbursements Not Itemized $38,748,222 $38,748,222 $38,748,222 Sales and Services $7,700,000 $7,700,000 $7,700,000 Georgia Tech Research Institute Income $7,700,000 $7,700,000 $7,700,000 TOTAL PUBLIC FUNDS $129,760,053 $129,760,053 $129,760,053 Changes in Operations / Administration 332.1 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005. State General Funds $552,811 $552,811 $552,811 Georgia Tech Research Institute Appropriation (HB1026) 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 STATE FUNDS $7,394,906 $7,394,906 $7,394,906 State General Funds $7,394,906 $7,394,906 $7,394,906 TOTAL AGENCY FUNDS $122,917,958 $122,917,958 $122,917,958 Intergovernmental Transfers $76,469,736 $76,469,736 $76,469,736 University System of Georgia Research Funds $76,469,736 $76,469,736 $76,469,736 Rebates, Refunds, and Reimbursements $38,748,222 $38,748,222 $38,748,222 Rebates, Refunds, and Reimbursements Not Itemized $38,748,222 $38,748,222 $38,748,222 Sales and Services $7,700,000 $7,700,000 $7,700,000 Georgia Tech Research Institute Income $7,700,000 $7,700,000 $7,700,000 TOTAL PUBLIC FUNDS $130,312,864 $130,312,864 $130,312,864 333. Marine Institute Appropriation (HB85) The purpose is to understand the processes that affect the condition of the salt marsh and coastline. TOTAL STATE FUNDS $923,165 $923,165 $923,165 State General Funds $923,165 $923,165 $923,165 THURSDAY, FEBRUARY 16, 2006 TOTAL AGENCY FUNDS $767,633 $767,633 $767,633 Intergovernmental Transfers $700,000 $700,000 $700,000 University System of Georgia Research Funds $700,000 $700,000 $700,000 Rebates, Refunds, and Reimbursements $67,633 $67,633 $67,633 Rebates, Refunds, and Reimbursements Not Itemized $67,633 $67,633 $67,633 TOTAL PUBLIC FUNDS $1,690,798 $1,690,798 $1,690,798 Marine Institute Appropriation (HB1026) The purpose is to understand the processes that affect the condition of the salt marsh and coastline. TOTAL STATE FUNDS $923,165 $923,165 $923,165 State General Funds $923,165 $923,165 $923,165 TOTAL AGENCY FUNDS $767,633 $767,633 $767,633 Intergovernmental Transfers $700,000 $700,000 $700,000 University System of Georgia Research Funds $700,000 $700,000 $700,000 Rebates, Refunds, and Reimbursements $67,633 $67,633 $67,633 Rebates, Refunds, and Reimbursements Not Itemized $67,633 $67,633 $67,633 TOTAL PUBLIC FUNDS $1,690,798 $1,690,798 $1,690,798 334. Marine Resources Extension Center Appropriation (HB85) The purpose is to transfer technology, provide training, and conduct applied research. TOTAL STATE FUNDS $1,426,750 $1,426,750 $1,426,750 State General Funds $1,426,750 $1,426,750 $1,426,750 TOTAL AGENCY FUNDS $1,184,800 $1,184,800 $1,184,800 Intergovernmental Transfers $600,000 $600,000 $600,000 University System of Georgia Research Funds $600,000 $600,000 $600,000 Rebates, Refunds, and Reimbursements $90,000 $90,000 $90,000 Rebates, Refunds, and Reimbursements Not Itemized $90,000 $90,000 $90,000 Sales and Services $494,800 $494,800 $494,800 Sales and Services Not Itemized $494,800 $494,800 $494,800 TOTAL PUBLIC FUNDS $2,611,550 $2,611,550 $2,611,550 Marine Resources Extension Center Appropriation (HB1026) The purpose is to transfer technology, provide training, and conduct applied research. 1213 1214 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,426,750 $1,426,750 $1,184,800 $600,000 $600,000 $90,000 $90,000 $494,800 $494,800 $2,611,550 $1,426,750 $1,426,750 $1,184,800 $600,000 $600,000 $90,000 $90,000 $494,800 $494,800 $2,611,550 $1,426,750 $1,426,750 $1,184,800 $600,000 $600,000 $90,000 $90,000 $494,800 $494,800 $2,611,550 335. Medical College of Georgia Hospital and Clinics The purpose is to care, teach, and refer clients. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Medical College of Georgia Hospital and Clinics The purpose is to care, teach, and refer clients. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB85) $31,510,080 $31,510,080 $31,510,080 $31,510,080 $31,510,080 $31,510,080 $31,510,080 $31,510,080 $31,510,080 Appropriation (HB1026) $31,510,080 $31,510,080 $31,510,080 $31,510,080 $31,510,080 $31,510,080 $31,510,080 $31,510,080 $31,510,080 336. Office of Minority Business Enterprise Appropriation (HB85) The purpose of this program is to provide assistance in the mitigation of factors that place minority businesses in a disadvantaged position. TOTAL STATE FUNDS $860,499 $860,499 $860,499 State General Funds $860,499 $860,499 $860,499 TOTAL PUBLIC FUNDS $860,499 $860,499 $860,499 Office of Minority Business Enterprise Appropriation (HB1026) The purpose of this program is to provide assistance in the mitigation of factors that place minority businesses in a disadvantaged position. THURSDAY, FEBRUARY 16, 2006 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $860,499 $860,499 $860,499 $860,499 $860,499 $860,499 $860,499 $860,499 $860,499 337. Public Service / Special Funding Initiatives Appropriation (HB85) The purpose is to provide leadership, service, and education. TOTAL STATE FUNDS $29,821,275 $29,821,275 $29,821,275 State General Funds $24,821,275 $24,821,275 $24,821,275 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $29,821,275 $29,821,275 $29,821,275 One-Time Expense 337.1 Provide funds to North Georgia College and State University for loss of revenues due to cadet deployment. State General Funds $0 $410,000 $410,000 Public Service / Special Funding Initiatives Appropriation (HB1026) The purpose is to provide leadership, service, and education. TOTAL STATE FUNDS $29,821,275 $30,231,275 $30,231,275 State General Funds $24,821,275 $25,231,275 $25,231,275 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $29,821,275 $30,231,275 $30,231,275 338. Regents Central Office Appropriation (HB85) The purpose is to provide administrative support to all colleges and universities in the university system. TOTAL STATE FUNDS $7,264,505 $7,264,505 $7,264,505 State General Funds $7,264,505 $7,264,505 $7,264,505 TOTAL PUBLIC FUNDS $7,264,505 $7,264,505 $7,264,505 Statewide Changes 338.1 WC, GTA, and GBA State General Funds $14,976 $14,976 $14,976 Changes in Operations / Administration 338.2 Transfer from Public Libraries to correct an error in the GBA real estate rental rate. State General Funds $69,356 $69,356 $69,356 1215 1216 JOURNAL OF THE HOUSE Regents Central Office Appropriation (HB1026) The purpose is to provide administrative support to all colleges and universities in the university system. TOTAL STATE FUNDS $7,348,837 $7,348,837 $7,348,837 State General Funds $7,348,837 $7,348,837 $7,348,837 TOTAL PUBLIC FUNDS $7,348,837 $7,348,837 $7,348,837 339. Research Consortium Appropriation (HB85) The purpose is to conduct research to further industry in the State of Georgia. TOTAL STATE FUNDS $21,287,489 $21,287,489 $21,287,489 State General Funds $20,537,489 $20,537,489 $20,537,489 Tobacco Settlement Funds $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $21,287,489 $21,287,489 $21,287,489 One-Time Expense 339.1 Provide funds for research equipment in the Traditional Industries Program to replace the bond originally appropriated in FY 2006. State General Funds $900,000 $900,000 $900,000 339.2 Provide funds for the Bio-Refinery for equipment. State General Funds $525,000 $525,000 $525,000 339.3 Provide funds for a Coverdell Eminent Scholar at Georgia College and State University. State General Funds $500,000 Research Consortium Appropriation (HB1026) The purpose is to conduct research to further industry in the State of Georgia. TOTAL STATE FUNDS $22,712,489 $22,712,489 $23,212,489 State General Funds $21,962,489 $21,962,489 $22,462,489 Tobacco Settlement Funds $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $22,712,489 $22,712,489 $23,212,489 340. Skidaway Institute of Oceanography Appropriation (HB85) 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 STATE FUNDS $1,557,477 $1,557,477 $1,557,477 THURSDAY, FEBRUARY 16, 2006 1217 State General Funds $1,557,477 $1,557,477 $1,557,477 TOTAL AGENCY FUNDS $5,658,000 $5,658,000 $5,658,000 Intergovernmental Transfers $4,113,000 $4,113,000 $4,113,000 University System of Georgia Research Funds $4,113,000 $4,113,000 $4,113,000 Sales and Services $1,545,000 $1,545,000 $1,545,000 Sales and Services Not Itemized $1,545,000 $1,545,000 $1,545,000 TOTAL PUBLIC FUNDS $7,215,477 $7,215,477 $7,215,477 Statewide Changes 340.1 WC, GTA, and GBA State General Funds $3,404 $3,404 $3,404 Skidaway Institute of Oceanography Appropriation (HB1026) 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 STATE FUNDS $1,560,881 $1,560,881 $1,560,881 State General Funds $1,560,881 $1,560,881 $1,560,881 TOTAL AGENCY FUNDS $5,658,000 $5,658,000 $5,658,000 Intergovernmental Transfers $4,113,000 $4,113,000 $4,113,000 University System of Georgia Research Funds $4,113,000 $4,113,000 $4,113,000 Sales and Services $1,545,000 $1,545,000 $1,545,000 Sales and Services Not Itemized $1,545,000 $1,545,000 $1,545,000 TOTAL PUBLIC FUNDS $7,218,881 $7,218,881 $7,218,881 341. Student Education Enrichment Program Appropriation (HB85) The purpose of this program is to provide underrepresented Georgia residents the opportunity to acquire educational experiences. TOTAL STATE FUNDS $304,035 $304,035 $304,035 State General Funds $304,035 $304,035 $304,035 TOTAL PUBLIC FUNDS $304,035 $304,035 $304,035 Student Education Enrichment Program Appropriation (HB1026) The purpose of this program is to provide underrepresented Georgia residents the opportunity to acquire educational experiences. 1218 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $304,035 $304,035 $304,035 $304,035 $304,035 $304,035 $304,035 $304,035 $304,035 342. Teaching Appropriation (HB85) 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 STATE FUNDS $1,558,562,243 $1,558,562,243 $1,558,562,243 State General Funds $1,558,562,243 $1,558,562,243 $1,558,562,243 TOTAL AGENCY FUNDS $2,468,702,893 $2,468,702,893 $2,468,702,893 Contributions, Donations, and Forfeitures $38,364,204 $38,364,204 $38,364,204 Donations $38,364,204 $38,364,204 $38,364,204 Intergovernmental Transfers $1,380,525,444 $1,380,525,444 $1,380,525,444 University System of Georgia Research Funds $1,380,525,444 $1,380,525,444 $1,380,525,444 Sales and Services $1,049,813,245 $1,049,813,245 $1,049,813,245 Academic Department Income $124,366,766 $124,366,766 $124,366,766 Public Service Institute Income $2,716,998 $2,716,998 $2,716,998 Tuition and Fees for Higher Education $922,729,481 $922,729,481 $922,729,481 TOTAL PUBLIC FUNDS $4,027,265,136 $4,027,265,136 $4,027,265,136 Statewide Changes 342.1 WC, GTA, and GBA State General Funds $1,699,608 $1,699,608 $1,699,608 Changes in Operations / Administration 342.2 Adjust debt service payback amount for the Student Center construction project at Georgia Southern University. State General Funds $677,118 $677,118 $677,118 Changes in How the Program is Funded 342.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reflect the actual annual operating budget. University System of Georgia Research Funds $5,840,110 Rebates, Refunds, and Reimbursements Not Itemized $11,681,021 Academic Department Income $6,858,296 THURSDAY, FEBRUARY 16, 2006 1219 Tuition and Fees for Higher Education $2,275,884 TOTAL PUBLIC FUNDS $26,655,311 Teaching Appropriation (HB1026) 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 STATE FUNDS $1,560,938,969 $1,560,938,969 $1,560,938,969 State General Funds $1,560,938,969 $1,560,938,969 $1,560,938,969 TOTAL AGENCY FUNDS $2,468,702,893 $2,468,702,893 $2,495,358,204 Contributions, Donations, and Forfeitures $38,364,204 $38,364,204 $38,364,204 Donations $38,364,204 $38,364,204 $38,364,204 Intergovernmental Transfers $1,380,525,444 $1,380,525,444 $1,386,365,554 University System of Georgia Research Funds $1,380,525,444 $1,380,525,444 $1,386,365,554 Rebates, Refunds, and Reimbursements $11,681,021 Rebates, Refunds, and Reimbursements Not Itemized $11,681,021 Sales and Services $1,049,813,245 $1,049,813,245 $1,058,947,425 Academic Department Income $124,366,766 $124,366,766 $131,225,062 Public Service Institute Income $2,716,998 $2,716,998 $2,716,998 Tuition and Fees for Higher Education $922,729,481 $922,729,481 $925,005,365 TOTAL PUBLIC FUNDS $4,029,641,862 $4,029,641,862 $4,056,297,173 343. Veterinary Medicine Experiment Station Appropriation (HB85) 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 STATE FUNDS $3,148,784 $3,148,784 $3,148,784 State General Funds $3,148,784 $3,148,784 $3,148,784 TOTAL PUBLIC FUNDS $3,148,784 $3,148,784 $3,148,784 Veterinary Medicine Experiment Station Appropriation (HB1026) 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 STATE FUNDS $3,148,784 $3,148,784 $3,148,784 State General Funds $3,148,784 $3,148,784 $3,148,784 1220 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $3,148,784 $3,148,784 $3,148,784 344. Veterinary Medicine Teaching Hospital Appropriation (HB85) 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 STATE FUNDS $478,173 $478,173 $478,173 State General Funds $478,173 $478,173 $478,173 TOTAL AGENCY FUNDS $6,700,000 $6,700,000 $6,700,000 Sales and Services $6,700,000 $6,700,000 $6,700,000 Veterinary Medicine Income $6,700,000 $6,700,000 $6,700,000 TOTAL PUBLIC FUNDS $7,178,173 $7,178,173 $7,178,173 Veterinary Medicine Teaching Hospital Appropriation (HB1026) 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 STATE FUNDS $478,173 $478,173 $478,173 State General Funds $478,173 $478,173 $478,173 TOTAL AGENCY FUNDS $6,700,000 $6,700,000 $6,700,000 Sales and Services $6,700,000 $6,700,000 $6,700,000 Veterinary Medicine Income $6,700,000 $6,700,000 $6,700,000 TOTAL PUBLIC FUNDS $7,178,173 $7,178,173 $7,178,173 345. Payments to the Georgia Cancer Coalition Appropriation (HB85) The purpose is to provide funds to the Cancer Coalition for ongoing research and preventative measures. TOTAL STATE FUNDS $10,482,554 $10,482,554 $10,482,554 Tobacco Settlement Funds $10,482,554 $10,482,554 $10,482,554 TOTAL PUBLIC FUNDS $10,482,554 $10,482,554 $10,482,554 Changes in Operations / Administration 345.1 Funds were transferred to the Board of Regents by an Executive Order. (S:Maintain as a separate program) Tobacco Settlement Funds $0 $0 $0 Payments to the Georgia Cancer Coalition Appropriation (HB1026) The purpose is to provide funds to the Cancer Coalition for ongoing research and preventative measures. THURSDAY, FEBRUARY 16, 2006 1221 TOTAL STATE FUNDS Tobacco Settlement Funds TOTAL PUBLIC FUNDS $10,482,554 $10,482,554 $10,482,554 $10,482,554 $10,482,554 $10,482,554 $10,482,554 $10,482,554 $10,482,554 346. Payments to Georgia Military College Appropriation (HB85) The purpose is to provide quality basic education funding for the grades 6-12 middle school/high school. TOTAL STATE FUNDS $2,500,092 $2,500,092 $2,500,092 State General Funds $2,500,092 $2,500,092 $2,500,092 TOTAL PUBLIC FUNDS $2,500,092 $2,500,092 $2,500,092 Statewide Changes 346.1 WC, GTA, and GBA State General Funds $13,642 $13,642 $13,642 One-Time Expense 346.2 Provide funds for loss of revenues due to cadet deployment. State General Funds $383,000 $383,000 Payments to Georgia Military College Appropriation (HB1026) The purpose is to provide quality basic education funding for the grades 6-12 middle school/high school. TOTAL STATE FUNDS $2,513,734 $2,896,734 $2,896,734 State General Funds $2,513,734 $2,896,734 $2,896,734 TOTAL PUBLIC FUNDS $2,513,734 $2,896,734 $2,896,734 347. Payments to Public Telecommunications Commission, Appropriation (HB85) 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 STATE FUNDS $16,954,058 $16,954,058 $16,954,058 State General Funds $16,954,058 $16,954,058 $16,954,058 TOTAL PUBLIC FUNDS $16,954,058 $16,954,058 $16,954,058 Statewide Changes 347.1 WC, GTA, and GBA State General Funds $4,591 $4,591 $4,591 1222 JOURNAL OF THE HOUSE Payments to Public Telecommunications Commission, Georgia Appropriation (HB1026) 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 STATE FUNDS $16,958,649 $16,958,649 $16,958,649 State General Funds $16,958,649 $16,958,649 $16,958,649 TOTAL PUBLIC FUNDS $16,958,649 $16,958,649 $16,958,649 348. Public Libraries Appropriation (HB85) The purpose is to provide library services for Georgians and to award grants from the Public Library Fund. TOTAL STATE FUNDS $35,748,543 $35,748,543 $35,748,543 State General Funds $35,748,543 $35,748,543 $35,748,543 TOTAL FEDERAL FUNDS $2,509,208 $2,509,208 $2,509,208 State Library Program CFDA 45.310 $2,509,208 $2,509,208 $2,509,208 TOTAL PUBLIC FUNDS $38,257,751 $38,257,751 $38,257,751 Statewide Changes 348.1 WC, GTA, and GBA State General Funds $2,042 $2,042 $2,042 Changes in Operations / Administration 348.2 Transfer to Regents Central Office to correct an error in the GBA real estate rental rate. State General Funds ($69,356) ($69,356) ($69,356) 348.3 Adjust funds to correct an error in the increase of the employer share of the State Health Benefit Plan. State General Funds $220,000 $220,000 $220,000 One-Time Expense 348.4 Provide grant funds for resources and materials to be equally distributed to each library system. State General Funds $2,000,000 Public Libraries Appropriation (HB1026) The purpose is to provide library services for Georgians and to award grants from the Public Library Fund. TOTAL STATE FUNDS $35,901,229 $35,901,229 $37,901,229 State General Funds $35,901,229 $35,901,229 $37,901,229 TOTAL FEDERAL FUNDS $2,509,208 $2,509,208 $2,509,208 State Library Program CFDA 45.310 $2,509,208 $2,509,208 $2,509,208 THURSDAY, FEBRUARY 16, 2006 1223 TOTAL PUBLIC FUNDS $38,410,437 $38,410,437 $40,410,437 Section 40: Revenue, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Enforcing Underage Drinking Laws Program CFDA16.727 National Motor Carrier Safety Administration CFDA20.218 TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total (HB85) $538,503,629 $538,503,629 $538,353,629 $538,353,629 $150,000 $150,000 $7,005,348 $7,005,348 $426,769 $426,769 $6,578,579 $6,578,579 $545,508,977 $545,508,977 Final Section Totals $528,217,125 $524,792,125 $528,067,125 $524,642,125 $150,000 $150,000 $7,005,348 $426,769 $7,005,348 $426,769 $6,578,579 $535,222,473 $6,578,579 $531,797,473 $538,503,629 $538,353,629 $150,000 $7,005,348 $426,769 $6,578,579 $545,508,977 $524,792,125 $524,642,125 $150,000 $1,692,514 $136,518 $1,555,996 $14,896,089 $426,769 $3,425,000 $103,185 $10,941,135 $541,380,728 349. Customer Service Appropriation (HB85) 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 STATE FUNDS $9,644,919 $9,644,919 $9,644,919 State General Funds $9,644,919 $9,644,919 $9,644,919 TOTAL AGENCY FUNDS $2,110,135 $2,110,135 $2,110,135 1224 JOURNAL OF THE HOUSE Sales and Services $2,110,135 $2,110,135 $2,110,135 Collection/Administrative Fees $2,110,135 $2,110,135 $2,110,135 TOTAL PUBLIC FUNDS $11,755,054 $11,755,054 $11,755,054 Statewide Changes 349.1 WC, GTA, and GBA State General Funds $8,469 $8,469 $8,469 One-Time Expense 349.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for agency funds to cover Department of Law invoices for legal representation in public utility appraisal litigation. Rebates, Refunds, and Reimbursements Not Itemized $103,185 Changes in the Size of the Program 349.2 Transfer unclaimed surplus funds from Homeowners' Tax Relief Grants to ensure positive customer relations with Georgia taxpayers. State General Funds $675,936 $675,936 $675,936 Customer Service Appropriation (HB1026) 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 STATE FUNDS $10,329,324 $10,329,324 $10,329,324 State General Funds $10,329,324 $10,329,324 $10,329,324 TOTAL AGENCY FUNDS $2,110,135 $2,110,135 $2,213,320 Rebates, Refunds, and Reimbursements $103,185 Rebates, Refunds, and Reimbursements Not Itemized $103,185 Sales and Services $2,110,135 $2,110,135 $2,110,135 Collection/Administrative Fees $2,110,135 $2,110,135 $2,110,135 TOTAL PUBLIC FUNDS $12,439,459 $12,439,459 $12,542,644 350. Departmental Administration Appropriation (HB85) 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 STATE FUNDS $3,979,012 $3,979,012 $3,979,012 State General Funds $3,979,012 $3,979,012 $3,979,012 THURSDAY, FEBRUARY 16, 2006 1225 TOTAL PUBLIC FUNDS $3,979,012 $3,979,012 $3,979,012 Statewide Changes 350.1 WC, GTA, and GBA State General Funds $1,853 $1,853 $1,853 Changes in the Size of the Program 350.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to cover projected cost of administration. Collection/Administrative Fees $385,200 Departmental Administration Appropriation (HB1026) 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 STATE FUNDS $3,980,865 $3,980,865 $3,980,865 State General Funds $3,980,865 $3,980,865 $3,980,865 TOTAL AGENCY FUNDS $385,200 Sales and Services $385,200 Collection/Administrative Fees $385,200 TOTAL PUBLIC FUNDS $3,980,865 $3,980,865 $4,366,065 351. Grants and Distribution Appropriation (HB85) 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 STATE FUNDS $8,825,027 $8,825,027 $8,825,027 State General Funds $8,825,027 $8,825,027 $8,825,027 TOTAL PUBLIC FUNDS $8,825,027 $8,825,027 $8,825,027 Grants and Distribution Appropriation (HB1026) 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 STATE FUNDS $8,825,027 $8,825,027 $8,825,027 State General Funds $8,825,027 $8,825,027 $8,825,027 TOTAL PUBLIC FUNDS $8,825,027 $8,825,027 $8,825,027 1226 JOURNAL OF THE HOUSE 352. Homeowner Tax Relief Grants Appropriation (HB85) 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 STATE FUNDS $432,290,501 $432,290,501 $432,290,501 State General Funds $432,290,501 $432,290,501 $432,290,501 TOTAL PUBLIC FUNDS $432,290,501 $432,290,501 $432,290,501 Changes in the Size of the Program 352.1 Reduce remaining unclaimed surplus in the Homeowners Tax Relief Grants. State General Funds ($10,324,254) ($10,324,254) ($10,324,254) 352.2 Transfer unclaimed surplus funds to Revenue Processing, Tax Compliance, Customer Service and Motor Vehicle Registration to ensure accurate vehicle tax processing. State General Funds ($9,675,746) ($9,675,746) ($9,675,746) Homeowner Tax Relief Grants Appropriation (HB1026) 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 STATE FUNDS $412,290,501 $412,290,501 $412,290,501 State General Funds $412,290,501 $412,290,501 $412,290,501 TOTAL PUBLIC FUNDS $412,290,501 $412,290,501 $412,290,501 353. Industry Regulation Appropriation (HB85) 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 STATE FUNDS $4,516,392 $4,516,392 $4,516,392 State General Funds $4,366,392 $4,366,392 $4,366,392 Tobacco Settlement Funds $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $4,516,392 $4,516,392 $4,516,392 Statewide Changes 353.1 WC, GTA, and GBA State General Funds $2,890 $2,890 $2,890 Changes in the Size of the Program 353.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to cover the THURSDAY, FEBRUARY 16, 2006 1227 cost of operating the On-Road Dyed Fuel Inspection Program, and to track and monitor compliance activities at locations where tobacco products are sold and to ensure tobacco products are not sold to minors. Enforcing Underage Drinking Laws Program CFDA16.727 $136,518 National Motor Carrier Safety Administration CFDA20.218 $232,400 TOTAL PUBLIC FUNDS $368,918 Industry Regulation Appropriation (HB1026) 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 STATE FUNDS $4,519,282 $4,519,282 $4,519,282 State General Funds $4,369,282 $4,369,282 $4,369,282 Tobacco Settlement Funds $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $368,918 Enforcing Underage Drinking Laws Program CFDA16.727 $136,518 National Motor Carrier Safety Administration CFDA20.218 $232,400 TOTAL PUBLIC FUNDS $4,519,282 $4,519,282 $4,888,200 354. Revenue Processing Appropriation (HB85) 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 STATE FUNDS $28,891,183 $28,891,183 $28,891,183 State General Funds $28,891,183 $28,891,183 $28,891,183 TOTAL AGENCY FUNDS $426,769 $426,769 $426,769 Reserved Fund Balances $426,769 $426,769 $426,769 Universal Service Fund $426,769 $426,769 $426,769 TOTAL PUBLIC FUNDS $29,317,952 $29,317,952 $29,317,952 Statewide Changes 354.1 WC, GTA, and GBA State General Funds $20,620 $20,620 $20,620 Changes in How the Program is Funded 354.4 Recapture unclaimed surplus funds from Homeowners' Tax Relief Grants originally designated for Revenue 1228 JOURNAL OF THE HOUSE Processing. (S: Recognize in kind Payments from Georgia Technology Authority originally in HB85 remitted to State Treasury). State General Funds ($3,425,000) ($3,425,000) Authority/local government payments to state agencies $3,425,000 TOTAL PUBLIC FUNDS $0 Changes in the Size of the Program 354.2 Transfer one position to the Department of Public Safety. State General Funds ($30,000) ($30,000) ($30,000) 354.3 Transfer unclaimed surplus funds from Homeowners' Tax Relief Grants to ensure timely and accurate processing of tax returns. State General Funds $7,425,526 $7,425,526 $7,425,526 Revenue Processing Appropriation (HB1026) 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 STATE FUNDS $36,307,329 $32,882,329 $32,882,329 State General Funds $36,307,329 $32,882,329 $32,882,329 TOTAL AGENCY FUNDS $426,769 $426,769 $3,851,769 Reserved Fund Balances $426,769 $426,769 $426,769 Universal Service Fund $426,769 $426,769 $426,769 Intergovernmental Transfers $3,425,000 Authority/local government payments to state agencies $3,425,000 TOTAL PUBLIC FUNDS $36,734,098 $33,309,098 $36,734,098 355. Salvage Inspection The purpose is for the inspection of rebuilt salvage vehicles. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Statewide Changes 355.1 WC, GTA, and GBA State General Funds Appropriation (HB85) $1,527,364 $1,527,364 $1,527,364 $1,527,364 $1,527,364 $1,527,364 $1,527,364 $1,527,364 $1,527,364 $1,181 $1,181 $1,181 THURSDAY, FEBRUARY 16, 2006 1229 Salvage Inspection The purpose is for the inspection of rebuilt salvage vehicles. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB1026) $1,528,545 $1,528,545 $1,528,545 $1,528,545 $1,528,545 $1,528,545 $1,528,545 $1,528,545 $1,528,545 356. State Board of Equalization Appropriation (HB85) 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 STATE FUNDS $5,000 $5,000 $5,000 State General Funds $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $5,000 $5,000 $5,000 State Board of Equalization Appropriation (HB1026) 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 STATE FUNDS $5,000 $5,000 $5,000 State General Funds $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $5,000 $5,000 $5,000 357. Tag and Title Registration The purpose is to establish motor vehicle ownership. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Statewide Changes 357.1 WC, GTA, and GBA Appropriation (HB85) $22,099,571 $22,099,571 $652,681 $652,681 $652,681 $22,752,252 $22,099,571 $22,099,571 $652,681 $652,681 $652,681 $22,752,252 $22,099,571 $22,099,571 $652,681 $652,681 $652,681 $22,752,252 1230 JOURNAL OF THE HOUSE State General Funds $10,458 $10,458 $10,458 Changes in the Size of the Program 357.2 Transfer unclaimed surplus funds from Homeowners' Tax Relief Grants to ensure accurate vehicle tax processing. State General Funds $225,000 $225,000 $225,000 Tag and Title Registration Appropriation (HB1026) The purpose is to establish motor vehicle ownership. TOTAL STATE FUNDS $22,335,029 $22,335,029 $22,335,029 State General Funds $22,335,029 $22,335,029 $22,335,029 TOTAL AGENCY FUNDS $652,681 $652,681 $652,681 Sales and Services $652,681 $652,681 $652,681 Sales and Services Not Itemized $652,681 $652,681 $652,681 TOTAL PUBLIC FUNDS $22,987,710 $22,987,710 $22,987,710 358. Tax Compliance Appropriation (HB85) The purpose is to ensure that all taxpayers pay the correct amount of taxes owed under the law. TOTAL STATE FUNDS $26,724,660 $26,724,660 $26,724,660 State General Funds $26,724,660 $26,724,660 $26,724,660 TOTAL AGENCY FUNDS $3,815,763 $3,815,763 $3,815,763 Sales and Services $3,815,763 $3,815,763 $3,815,763 Collection/Administrative Fees $3,815,763 $3,815,763 $3,815,763 TOTAL PUBLIC FUNDS $30,540,423 $30,540,423 $30,540,423 Statewide Changes 358.1 WC, GTA, and GBA State General Funds $22,279 $22,279 $22,279 Changes in the Size of the Program 358.2 Transfer unclaimed surplus funds from Homeowners' Tax Relief Grants to ensure timely and accurate revenue collections processing. State General Funds $1,349,284 $1,349,284 $1,349,284 358.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to supplement the cost of enforcing motor vehicle tax compliance, and agency funds for seventy-five revenue agents. National Motor Carrier Safety Administration CFDA20.218 $1,323,596 THURSDAY, FEBRUARY 16, 2006 1231 Collection/Administrative Fees $3,977,356 TOTAL PUBLIC FUNDS $5,300,952 Tax Compliance Appropriation (HB1026) The purpose is to ensure that all taxpayers pay the correct amount of taxes owed under the law. TOTAL STATE FUNDS $28,096,223 $28,096,223 $28,096,223 State General Funds $28,096,223 $28,096,223 $28,096,223 TOTAL FEDERAL FUNDS $1,323,596 National Motor Carrier Safety Administration CFDA20.218 $1,323,596 TOTAL AGENCY FUNDS $3,815,763 $3,815,763 $7,793,119 Sales and Services $3,815,763 $3,815,763 $7,793,119 Collection/Administrative Fees $3,815,763 $3,815,763 $7,793,119 TOTAL PUBLIC FUNDS $31,911,986 $31,911,986 $37,212,938 Section 41A: Secretary of State TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total (HB85) $34,038,145 $34,038,145 $34,038,145 $34,038,145 $1,493,584 $1,493,584 $50,000 $50,000 $1,443,584 $1,443,584 $35,531,729 $35,531,729 Final Section Totals $35,078,552 $35,865,552 $35,078,552 $35,865,552 $1,493,584 $1,493,584 $50,000 $50,000 $1,443,584 $1,443,584 $36,572,136 $37,359,136 $34,038,145 $34,038,145 $1,493,584 $50,000 $1,443,584 $35,531,729 $36,065,775 $36,065,775 $1,493,584 $50,000 $1,443,584 $37,559,359 359. Archives and Records Appropriation (HB85) The purpose is to assist State Agencies in adequately documenting their activities, administering their records management 1232 JOURNAL OF THE HOUSE programs, scheduling their records and transferring their non-current records to the State Records Center. TOTAL STATE FUNDS $5,856,020 $5,856,020 $5,856,020 State General Funds $5,856,020 $5,856,020 $5,856,020 TOTAL AGENCY FUNDS $504,234 $504,234 $504,234 Sales and Services $504,234 $504,234 $504,234 Sales and Services Not Itemized $504,234 $504,234 $504,234 TOTAL PUBLIC FUNDS $6,360,254 $6,360,254 $6,360,254 Statewide Changes 359.1 WC, GTA, and GBA State General Funds $2,655 $2,655 $2,655 Changes in How the Program is Funded 359.2 Create a new fund source to properly reflect the Record Center Storage revenue. (H and S:YES) Record Center Storage Fees $0 $0 Archives and Records Appropriation (HB1026) The purpose is to assist 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 STATE FUNDS $5,858,675 $5,858,675 $5,858,675 State General Funds $5,858,675 $5,858,675 $5,858,675 TOTAL AGENCY FUNDS $504,234 $504,234 $504,234 Sales and Services $504,234 $504,234 $504,234 Sales and Services Not Itemized $504,234 $504,234 $504,234 TOTAL PUBLIC FUNDS $6,362,909 $6,362,909 $6,362,909 360. Capitol Education Center Appropriation (HB85) 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 STATE FUNDS $151,672 $151,672 $151,672 State General Funds $151,672 $151,672 $151,672 TOTAL PUBLIC FUNDS $151,672 $151,672 $151,672 Statewide Changes 360.1 WC, GTA, and GBA THURSDAY, FEBRUARY 16, 2006 1233 State General Funds $122 $122 $122 Capitol Education Center Appropriation (HB1026) 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 STATE FUNDS $151,794 $151,794 $151,794 State General Funds $151,794 $151,794 $151,794 TOTAL PUBLIC FUNDS $151,794 $151,794 $151,794 361. Corporations Appropriation (HB85) 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 STATE FUNDS $1,312,934 $1,312,934 $1,312,934 State General Funds $1,312,934 $1,312,934 $1,312,934 TOTAL AGENCY FUNDS $739,350 $739,350 $739,350 Sales and Services $739,350 $739,350 $739,350 Sales and Services Not Itemized $739,350 $739,350 $739,350 TOTAL PUBLIC FUNDS $2,052,284 $2,052,284 $2,052,284 Statewide Changes 361.1 WC, GTA, and GBA State General Funds $1,414 $1,414 $1,414 Corporations Appropriation (HB1026) 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 STATE FUNDS $1,314,348 $1,314,348 $1,314,348 State General Funds $1,314,348 $1,314,348 $1,314,348 TOTAL AGENCY FUNDS $739,350 $739,350 $739,350 Sales and Services $739,350 $739,350 $739,350 Sales and Services Not Itemized $739,350 $739,350 $739,350 TOTAL PUBLIC FUNDS $2,053,698 $2,053,698 $2,053,698 1234 JOURNAL OF THE HOUSE 362. Elections Appropriation (HB85) 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 STATE FUNDS $5,545,164 $5,545,164 $5,545,164 State General Funds $5,545,164 $5,545,164 $5,545,164 TOTAL AGENCY FUNDS $20,000 $20,000 $20,000 Sales and Services $20,000 $20,000 $20,000 Sales and Services Not Itemized $20,000 $20,000 $20,000 TOTAL PUBLIC FUNDS $5,565,164 $5,565,164 $5,565,164 Statewide Changes 362.1 WC, GTA, and GBA State General Funds $1,715 $1,715 $1,715 One-Time Expense 362.2 Provide funds for notification of voters affected by redistricting. State General Funds $964,923 $964,923 $964,923 Changes in How the Program is Funded 362.3 Transfer remaining funding for the State Board of Election to the new Budget Unit along with voter education funds to implement SB84 (S:YES). State General Funds $0 Elections Appropriation (HB1026) 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 STATE FUNDS $6,511,802 $6,511,802 $6,511,802 State General Funds $6,511,802 $6,511,802 $6,511,802 TOTAL AGENCY FUNDS $20,000 $20,000 $20,000 Sales and Services $20,000 $20,000 $20,000 Sales and Services Not Itemized $20,000 $20,000 $20,000 THURSDAY, FEBRUARY 16, 2006 1235 TOTAL PUBLIC FUNDS $6,531,802 $6,531,802 $6,531,802 363. Office Administration Appropriation (HB85) The purpose of the Administration Division is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $4,642,318 $4,642,318 $4,642,318 State General Funds $4,642,318 $4,642,318 $4,642,318 TOTAL AGENCY FUNDS $30,000 $30,000 $30,000 Sales and Services $30,000 $30,000 $30,000 Sales and Services Not Itemized $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $4,672,318 $4,672,318 $4,672,318 Statewide Changes 363.1 WC, GTA, and GBA State General Funds $4,213 $4,213 $4,213 Changes in the Size of the Program 363.2 Provide funds for legal fees associated with Voter ID litigation. State General Funds $287,000 $487,223 Office Administration Appropriation (HB1026) The purpose of the Administration Division is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $4,646,531 $4,933,531 $5,133,754 State General Funds $4,646,531 $4,933,531 $5,133,754 TOTAL AGENCY FUNDS $30,000 $30,000 $30,000 Sales and Services $30,000 $30,000 $30,000 Sales and Services Not Itemized $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $4,676,531 $4,963,531 $5,163,754 364. Professional Licensing Boards Appropriation (HB85) The purpose is to protect the public health and welfare by supporting all operations of Boards which license professions. TOTAL STATE FUNDS $9,318,609 $9,318,609 $9,318,609 State General Funds $9,318,609 $9,318,609 $9,318,609 1236 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $9,468,609 $9,468,609 $9,468,609 Statewide Changes 364.1 WC, GTA, and GBA State General Funds $6,795 $6,795 $6,795 Professional Licensing Boards Appropriation (HB1026) The purpose is to protect the public health and welfare by supporting all operations of Boards which license professions. TOTAL STATE FUNDS $9,325,404 $9,325,404 $9,325,404 State General Funds $9,325,404 $9,325,404 $9,325,404 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $9,475,404 $9,475,404 $9,475,404 365. Securities Appropriation (HB85) 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 STATE FUNDS $1,961,222 $1,961,222 $1,961,222 State General Funds $1,961,222 $1,961,222 $1,961,222 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements Not Itemized $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $2,011,222 $2,011,222 $2,011,222 Statewide Changes 365.1 WC, GTA, and GBA State General Funds $1,946 $1,946 $1,946 Securities Appropriation (HB1026) 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. THURSDAY, FEBRUARY 16, 2006 1237 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $1,963,168 $1,963,168 $50,000 $50,000 $50,000 $2,013,168 $1,963,168 $1,963,168 $50,000 $50,000 $50,000 $2,013,168 $1,963,168 $1,963,168 $50,000 $50,000 $50,000 $2,013,168 366. Drugs and Narcotics Agency, Georgia Appropriation (HB85) 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 STATE FUNDS $1,288,769 $1,288,769 $1,288,769 State General Funds $1,288,769 $1,288,769 $1,288,769 TOTAL PUBLIC FUNDS $1,288,769 $1,288,769 $1,288,769 Statewide Changes 366.1 WC, GTA, and GBA State General Funds $1,259 $1,259 $1,259 Drugs and Narcotics Agency, Georgia Appropriation (HB1026) 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 STATE FUNDS $1,290,028 $1,290,028 $1,290,028 State General Funds $1,290,028 $1,290,028 $1,290,028 TOTAL PUBLIC FUNDS $1,290,028 $1,290,028 $1,290,028 367. State Ethics Commission Appropriation (HB85) 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 STATE FUNDS $824,434 $824,434 $824,434 State General Funds $824,434 $824,434 $824,434 TOTAL PUBLIC FUNDS $824,434 $824,434 $824,434 Statewide Changes 367.1 WC, GTA, and GBA 1238 JOURNAL OF THE HOUSE State General Funds $679 $679 $679 One-Time Expense 367.2 Provide funds necessary to transfer electronic elections filing system from Secretary of State to State Ethics Commission. State General Funds $16,500 $16,500 $16,500 367.4 Provide funds for technology upgrades and software compatibility. State General Funds $88,000 $88,000 367.5 Provide funds for upgrades in technology associated with HB 48 (electronic campaign filing). State General Funds $412,000 $412,000 State Ethics Commission Appropriation (HB1026) 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 STATE FUNDS $841,613 $1,341,613 $1,341,613 State General Funds $841,613 $1,341,613 $1,341,613 TOTAL PUBLIC FUNDS $841,613 $1,341,613 $1,341,613 368. Commission on the Holocaust, Georgia Appropriation (HB85) 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 STATE FUNDS $245,915 $245,915 $245,915 State General Funds $245,915 $245,915 $245,915 TOTAL PUBLIC FUNDS $245,915 $245,915 $245,915 Statewide Changes 368.1 WC, GTA, and GBA State General Funds $232 $232 $232 Commission on the Holocaust, Georgia Appropriation (HB1026) 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 STATE FUNDS $246,147 $246,147 $246,147 State General Funds $246,147 $246,147 $246,147 TOTAL PUBLIC FUNDS $246,147 $246,147 $246,147 THURSDAY, FEBRUARY 16, 2006 1239 369. Real Estate Commission Appropriation (HB85) The purpose is to administer the license law that regulates brokers, salespersons, and community association managers. TOTAL STATE FUNDS $2,891,088 $2,891,088 $2,891,088 State General Funds $2,891,088 $2,891,088 $2,891,088 TOTAL PUBLIC FUNDS $2,891,088 $2,891,088 $2,891,088 Statewide Changes 369.1 WC, GTA, and GBA State General Funds $1,954 $1,954 $1,954 One-Time Expense 369.2 Provide funds to replace two high-mileage motor vehicles for investigations. State General Funds $36,000 $36,000 $36,000 Real Estate Commission Appropriation (HB1026) The purpose is to administer the license law that regulates brokers, salespersons, and community association managers. TOTAL STATE FUNDS $2,929,042 $2,929,042 $2,929,042 State General Funds $2,929,042 $2,929,042 $2,929,042 TOTAL PUBLIC FUNDS $2,929,042 $2,929,042 $2,929,042 Section 41B: State Election Board Final Section Totals TOTAL STATE FUNDS $500,000 $550,000 State General Funds $500,000 $550,000 TOTAL PUBLIC FUNDS $500,000 $550,000 Changes in How the Program is Funded 424.1 Account for remaining budget for State Elections Board in new Budget Unit (S:YES). State General Funds $0 424.2 Transfer remaining voter education funding from Elections Program in Secretary of State to the State Elections Board for voter education to implement SB 84. (S:YES) State General Funds $0 Changes in What Services are Offered 424.3 Provide funds for photo ID card equipment for counties per SB 84. State General Funds $500,000 $550,000 1240 JOURNAL OF THE HOUSE State Election Board TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section 42: Soil and Water Conservation Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Fish & Wildlife Service CFDA15.631 USDA Natural Resources Conservation Service CFDA10.902 Water Quality Management Planning CFDA66.454 TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Fish & Wildlife Service CFDA15.631 USDA Natural Resources Conservation Service CFDA10.902 Water Quality Management Planning CFDA66.454 TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS Appropriation (HB1026) $500,000 $550,000 $500,000 $550,000 $500,000 $550,000 Section Total (HB85) $3,706,196 $3,706,196 $3,706,196 $3,706,196 $1,680,526 $1,680,526 $322,504 $322,504 $750,000 $750,000 $608,022 $608,022 $7,049,487 $7,049,487 $6,799,922 $6,799,922 $249,565 $249,565 $380,905 $380,905 $12,817,114 $12,817,114 Final Section Totals $3,709,361 $3,709,361 $3,709,361 $3,709,361 $1,295,526 $1,295,526 $322,504 $322,504 $750,000 $750,000 $223,022 $223,022 $7,049,312 $7,049,312 $6,799,922 $6,799,922 $249,390 $249,390 $380,905 $380,905 $12,435,104 $12,435,104 $3,706,196 $3,706,196 $1,680,526 $322,504 $750,000 $608,022 $7,049,487 $6,799,922 $249,565 $380,905 $12,817,114 $3,709,361 $3,709,361 $1,295,526 $322,504 $750,000 $223,022 $7,049,312 $6,799,922 $249,390 $380,905 $12,435,104 THURSDAY, FEBRUARY 16, 2006 370. Commission Administration Appropriation (HB85) The purpose is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $583,098 $583,098 $583,098 State General Funds $583,098 $583,098 $583,098 TOTAL AGENCY FUNDS $175 $175 $175 Sales and Services $175 $175 $175 Sales and Services Not Itemized $175 $175 $175 TOTAL PUBLIC FUNDS $583,273 $583,273 $583,273 Statewide Changes 370.1 WC, GTA, and GBA State General Funds $917 $917 $917 Changes in the Size of the Program 370.2 Remove funds to properly reflect program expenditures. Sales and Services Not Itemized ($175) ($175) ($175) Commission Administration Appropriation (HB1026) The purpose is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $584,015 $584,015 $584,015 State General Funds $584,015 $584,015 $584,015 TOTAL PUBLIC FUNDS $584,015 $584,015 $584,015 371. Conservation of Agricultural Water Supplies Appropriation (HB85) The purpose is to conserve the use of Georgia's ground and surface water by agricultural water users. TOTAL STATE FUNDS $227,332 $227,332 $227,332 State General Funds $227,332 $227,332 $227,332 TOTAL FEDERAL FUNDS $750,000 $750,000 $750,000 USDA Natural Resources Conservation Service CFDA10.902 $750,000 $750,000 $750,000 TOTAL AGENCY FUNDS $6,749,922 $6,749,922 $6,749,922 Intergovernmental Transfers $6,749,922 $6,749,922 $6,749,922 Authority/local government payments to state agencies $6,749,922 $6,749,922 $6,749,922 TOTAL PUBLIC FUNDS $7,727,254 $7,727,254 $7,727,254 Statewide Changes 1241 1242 JOURNAL OF THE HOUSE 371.1 WC, GTA, and GBA State General Funds $376 $376 $376 Changes in the Size of the Program 371.2 Transfer funds from the Conservation of Soil and Water Resources program for the Region V office in Dawson to more accurately reflect program activities. State General Funds $18,461 $18,461 $18,461 Conservation of Agricultural Water Supplies Appropriation (HB1026) The purpose is to conserve the use of Georgia's ground and surface water by agricultural water users. TOTAL STATE FUNDS $246,169 $246,169 $246,169 State General Funds $246,169 $246,169 $246,169 TOTAL FEDERAL FUNDS $750,000 $750,000 $750,000 USDA Natural Resources Conservation Service CFDA10.902 $750,000 $750,000 $750,000 TOTAL AGENCY FUNDS $6,749,922 $6,749,922 $6,749,922 Intergovernmental Transfers $6,749,922 $6,749,922 $6,749,922 Authority/local government payments to state agencies $6,749,922 $6,749,922 $6,749,922 TOTAL PUBLIC FUNDS $7,746,091 $7,746,091 $7,746,091 372. Conservation of Soil and Water Resources Appropriation (HB85) The purpose is to conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands. TOTAL STATE FUNDS $1,092,694 $1,092,694 $1,092,694 State General Funds $1,092,694 $1,092,694 $1,092,694 TOTAL FEDERAL FUNDS $863,526 $863,526 $863,526 Fish & Wildlife Service CFDA15.631 $322,504 $322,504 $322,504 Water Quality Management Planning CFDA66.454 $541,022 $541,022 $541,022 TOTAL AGENCY FUNDS $299,390 $299,390 $299,390 Intergovernmental Transfers $50,000 $50,000 $50,000 Authority/local government payments to state agencies $50,000 $50,000 $50,000 Sales and Services $249,390 $249,390 $249,390 Sales and Services Not Itemized $249,390 $249,390 $249,390 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $380,905 $380,905 $380,905 THURSDAY, FEBRUARY 16, 2006 1243 Agency to Agency Contracts $380,905 $380,905 $380,905 TOTAL PUBLIC FUNDS $2,636,515 $2,636,515 $2,636,515 Statewide Changes 372.1 WC, GTA, and GBA State General Funds $1,829 $1,829 $1,829 Changes in Operations / Administration 372.2 Remove funds for contracts that were completed in FY 2005. Water Quality Management Planning CFDA66.454 ($318,000) ($318,000) ($318,000) Changes in the Size of the Program 372.3 Transfer funds to the Conservation of Agricultural Water Supplies program for the Region V office in Dawson to more accurately reflect program activities. State General Funds ($18,461) ($18,461) ($18,461) Conservation of Soil and Water Resources Appropriation (HB1026) The purpose is to conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands. TOTAL STATE FUNDS $1,076,062 $1,076,062 $1,076,062 State General Funds $1,076,062 $1,076,062 $1,076,062 TOTAL FEDERAL FUNDS $545,526 $545,526 $545,526 Fish & Wildlife Service CFDA15.631 $322,504 $322,504 $322,504 Water Quality Management Planning CFDA66.454 $223,022 $223,022 $223,022 TOTAL AGENCY FUNDS $299,390 $299,390 $299,390 Intergovernmental Transfers $50,000 $50,000 $50,000 Authority/local government payments to state agencies $50,000 $50,000 $50,000 Sales and Services $249,390 $249,390 $249,390 Sales and Services Not Itemized $249,390 $249,390 $249,390 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $380,905 $380,905 $380,905 Agency to Agency Contracts $380,905 $380,905 $380,905 TOTAL PUBLIC FUNDS $2,301,883 $2,301,883 $2,301,883 373. U.S.D.A. Flood Control Watershed Structures Appropriation (HB85) The purpose is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. 1244 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $19,655 $19,655 $19,655 State General Funds $19,655 $19,655 $19,655 TOTAL PUBLIC FUNDS $19,655 $19,655 $19,655 Statewide Changes 373.1 WC, GTA, and GBA State General Funds $39 $39 $39 Changes in the Size of the Program 373.2 Redirect funds from Water Resources and Land Use Planning program to complete maintenance on four Category 1 Dams, ensuring the safety of Georgia residents. State General Funds $60,000 $60,000 $60,000 U.S.D.A. Flood Control Watershed Structures Appropriation (HB1026) The purpose is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. TOTAL STATE FUNDS $79,694 $79,694 $79,694 State General Funds $79,694 $79,694 $79,694 TOTAL PUBLIC FUNDS $79,694 $79,694 $79,694 374. Water Resources and Land Use Planning Appropriation (HB85) The purpose is to improve the understanding of water use and to develop plans that improve water management and efficiency. TOTAL STATE FUNDS $1,783,417 $1,783,417 $1,783,417 State General Funds $1,783,417 $1,783,417 $1,783,417 TOTAL FEDERAL FUNDS $67,000 $67,000 $67,000 Water Quality Management Planning CFDA66.454 $67,000 $67,000 $67,000 TOTAL PUBLIC FUNDS $1,850,417 $1,850,417 $1,850,417 Statewide Changes 374.1 WC, GTA, and GBA State General Funds $4 $4 $4 Changes in Operations / Administration 374.2 Remove funds for a contract that was completed in FY 2005. Water Quality Management Planning CFDA66.454 ($67,000) ($67,000) ($67,000) Changes in the Size of the Program THURSDAY, FEBRUARY 16, 2006 1245 374.3 Redirect state funds to USDA Flood Control Watershed Structures program to complete maintenance on f our Category 1 Dams, ensuring the safety of Georgia residents. State General Funds ($60,000) ($60,000) ($60,000) Water Resources and Land Use Planning Appropriation (HB1026) The purpose is to improve the understanding of water use and to develop plans that improve water management and efficiency. TOTAL STATE FUNDS $1,723,421 $1,723,421 $1,723,421 State General Funds $1,723,421 $1,723,421 $1,723,421 TOTAL PUBLIC FUNDS $1,723,421 $1,723,421 $1,723,421 Section 43: Student Finance Commission and Authority, Georgia TOTAL STATE FUNDS Lottery Proceeds State General Funds TOTAL FEDERAL FUNDS Leveraging Educational Assistance Partnership Program CFDA84.069 TOTAL PUBLIC FUNDS TOTAL STATE FUNDS Lottery Proceeds State General Funds TOTAL FEDERAL FUNDS Leveraging Educational Assistance Partnership Program CFDA84.069 TOTAL AGENCY FUNDS Reserved Fund Balances TOTAL PUBLIC FUNDS Section Total (HB85) $559,488,637 $559,488,637 $521,548,450 $521,548,450 $37,940,187 $37,940,187 $520,653 $520,653 $520,653 $520,653 $559,488,637 $521,548,450 $37,940,187 $520,653 $520,653 $560,009,290 $560,009,290 Final Section Totals $559,588,637 $559,588,637 $521,548,450 $521,548,450 $38,040,187 $38,040,187 $520,653 $520,653 $520,653 $520,653 $560,009,290 $559,588,637 $521,548,450 $38,040,187 $522,134 $522,134 $560,109,290 $560,109,290 $3,265,195 $3,265,195 $563,375,966 1246 JOURNAL OF THE HOUSE 375. Accel Appropriation (HB85) 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 STATE FUNDS $6,000,000 $6,000,000 $6,000,000 Lottery Proceeds $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $6,000,000 $6,000,000 $6,000,000 Accel Appropriation (HB1026) 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 STATE FUNDS $6,000,000 $6,000,000 $6,000,000 Lottery Proceeds $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $6,000,000 $6,000,000 $6,000,000 376. Engineer Scholarship Appropriation (HB85) 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 STATE FUNDS $760,000 $760,000 $760,000 Lottery Proceeds $760,000 $760,000 $760,000 TOTAL PUBLIC FUNDS $760,000 $760,000 $760,000 Engineer Scholarship Appropriation (HB1026) 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 STATE FUNDS $760,000 $760,000 $760,000 Lottery Proceeds $760,000 $760,000 $760,000 TOTAL PUBLIC FUNDS $760,000 $760,000 $760,000 377. Georgia Military College Scholarship Appropriation (HB85) 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 STATE FUNDS $770,477 $770,477 $770,477 Lottery Proceeds $770,477 $770,477 $770,477 THURSDAY, FEBRUARY 16, 2006 1247 TOTAL PUBLIC FUNDS $770,477 $770,477 $770,477 Georgia Military College Scholarship Appropriation (HB1026) 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 STATE FUNDS $770,477 $770,477 $770,477 Lottery Proceeds $770,477 $770,477 $770,477 TOTAL PUBLIC FUNDS $770,477 $770,477 $770,477 378. Governor's Scholarship Program Appropriation (HB85) 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 STATE FUNDS $2,329,200 $2,329,200 $2,329,200 State General Funds $2,329,200 $2,329,200 $2,329,200 TOTAL PUBLIC FUNDS $2,329,200 $2,329,200 $2,329,200 Governor's Scholarship Program Appropriation (HB1026) 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 STATE FUNDS $2,329,200 $2,329,200 $2,329,200 State General Funds $2,329,200 $2,329,200 $2,329,200 TOTAL PUBLIC FUNDS $2,329,200 $2,329,200 $2,329,200 379. Guaranteed Educational Loans Appropriation (HB85) The purpose is to provide service cancelable loans to students enrolled in critical fields of study, which include nursing, physical therapy and pharmacy. TOTAL STATE FUNDS $3,799,883 $3,799,883 $3,799,883 State General Funds $3,799,883 $3,799,883 $3,799,883 TOTAL PUBLIC FUNDS $3,799,883 $3,799,883 $3,799,883 Guaranteed Educational Loans Appropriation (HB1026) The purpose is to provide service cancelable loans to students enrolled in critical fields of study, which include nursing, physical therapy and pharmacy. TOTAL STATE FUNDS $3,799,883 $3,799,883 $3,799,883 1248 JOURNAL OF THE HOUSE State General Funds $3,799,883 $3,799,883 $3,799,883 TOTAL PUBLIC FUNDS $3,799,883 $3,799,883 $3,799,883 Changes in What Services are Offered 380.1 Provide funds for 50 scholarships at $2,000 per award. State General Funds $100,000 $100,000 $100,000 HERO Scholarship Appropriation (HB1026) The purpose is to provide educational grant assistance to members of the Georgia National Guard and U.S. Military Reservists who served in combat zones and the children of such members. TOTAL STATE FUNDS $100,000 $100,000 $100,000 State General Funds $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $100,000 $100,000 $100,000 381. HOPE Administration Appropriation (HB85) 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 STATE FUNDS $5,111,697 $5,111,697 $5,111,697 Lottery Proceeds $5,111,697 $5,111,697 $5,111,697 TOTAL PUBLIC FUNDS $5,111,697 $5,111,697 $5,111,697 Statewide Changes 381.1 WC, GTA, and GBA Lottery Proceeds $0 $0 $0 Changes in How the Program is Funded 381.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reflect current operations. Agency Funds Prior Year $1,000,000 HOPE Administration Appropriation (HB1026) 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 STATE FUNDS $5,111,697 $5,111,697 $5,111,697 Lottery Proceeds $5,111,697 $5,111,697 $5,111,697 TOTAL AGENCY FUNDS $1,000,000 Reserved Fund Balances $1,000,000 THURSDAY, FEBRUARY 16, 2006 1249 Agency Funds Prior Year TOTAL PUBLIC FUNDS $5,111,697 $5,111,697 $1,000,000 $6,111,697 382. HOPE GED Appropriation (HB85) 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 STATE FUNDS $2,840,694 $2,840,694 $2,840,694 Lottery Proceeds $2,840,694 $2,840,694 $2,840,694 TOTAL PUBLIC FUNDS $2,840,694 $2,840,694 $2,840,694 HOPE GED Appropriation (HB1026) 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 STATE FUNDS $2,840,694 $2,840,694 $2,840,694 Lottery Proceeds $2,840,694 $2,840,694 $2,840,694 TOTAL PUBLIC FUNDS $2,840,694 $2,840,694 $2,840,694 383. HOPE Grant Appropriation (HB85) The purpose is to provide grants to students seeking a diploma or certificate at a public post-secondary institution. TOTAL STATE FUNDS $122,784,173 $122,784,173 $122,784,173 Lottery Proceeds $122,784,173 $122,784,173 $122,784,173 TOTAL PUBLIC FUNDS $122,784,173 $122,784,173 $122,784,173 HOPE Grant Appropriation (HB1026) The purpose is to provide grants to students seeking a diploma or certificate at a public post-secondary institution. TOTAL STATE FUNDS $122,784,173 $122,784,173 $122,784,173 Lottery Proceeds $122,784,173 $122,784,173 $122,784,173 TOTAL PUBLIC FUNDS $122,784,173 $122,784,173 $122,784,173 384. HOPE Scholarships - Private Schools Appropriation (HB85) The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private post-secondary institution. TOTAL STATE FUNDS $45,751,850 $45,751,850 $45,751,850 1250 JOURNAL OF THE HOUSE Lottery Proceeds $45,751,850 $45,751,850 $45,751,850 TOTAL PUBLIC FUNDS $45,751,850 $45,751,850 $45,751,850 HOPE Scholarships - Private Schools Appropriation (HB1026) The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private post-secondary institution. TOTAL STATE FUNDS $45,751,850 $45,751,850 $45,751,850 Lottery Proceeds $45,751,850 $45,751,850 $45,751,850 TOTAL PUBLIC FUNDS $45,751,850 $45,751,850 $45,751,850 385. HOPE Scholarships - Public Schools Appropriation (HB85) The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public post-secondary institution. TOTAL STATE FUNDS $326,011,143 $326,011,143 $326,011,143 Lottery Proceeds $326,011,143 $326,011,143 $326,011,143 TOTAL PUBLIC FUNDS $326,011,143 $326,011,143 $326,011,143 HOPE Scholarships - Public Schools Appropriation (HB1026) The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public post-secondary institution. TOTAL STATE FUNDS $326,011,143 $326,011,143 $326,011,143 Lottery Proceeds $326,011,143 $326,011,143 $326,011,143 TOTAL PUBLIC FUNDS $326,011,143 $326,011,143 $326,011,143 386. Law Enforcement Dependents Grant Appropriation (HB85) 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 STATE FUNDS $50,911 $50,911 $50,911 State General Funds $50,911 $50,911 $50,911 TOTAL PUBLIC FUNDS $50,911 $50,911 $50,911 Law Enforcement Dependents Grant Appropriation (HB1026) The purpose is to provide educational grant assistance to the children of Georgia law enforcement officers, firefighters, and THURSDAY, FEBRUARY 16, 2006 1251 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 STATE FUNDS $50,911 $50,911 $50,911 State General Funds $50,911 $50,911 $50,911 TOTAL PUBLIC FUNDS $50,911 $50,911 $50,911 387. Leveraging Educational Assistance Partnership Program Appropriation (HB85) 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 STATE FUNDS $966,757 $966,757 $966,757 State General Funds $966,757 $966,757 $966,757 TOTAL FEDERAL FUNDS $520,653 $520,653 $520,653 Leveraging Educational Assistance Partnership Program $520,653 $520,653 $520,653 CFDA84.069 TOTAL PUBLIC FUNDS $1,487,410 $1,487,410 $1,487,410 Changes in the Size of the Program 387.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to meet demand. Leveraging Educational Assistance Partnership Program $1,481 CFDA84.069 Leveraging Educational Assistance Partnership Program Appropriation (HB1026) 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 STATE FUNDS $966,757 $966,757 $966,757 State General Funds $966,757 $966,757 $966,757 TOTAL FEDERAL FUNDS $520,653 $520,653 $522,134 Leveraging Educational Assistance Partnership Program $520,653 $520,653 $522,134 CFDA84.069 TOTAL PUBLIC FUNDS $1,487,410 $1,487,410 $1,488,891 388. North Georgia Military Scholarship Grants Appropriation (HB85) The purpose is to provide outstanding students with a full scholarship to attend North Georgia College and State 1252 JOURNAL OF THE HOUSE University, thereby strengthening Georgia's Army National Guard with their membership. TOTAL STATE FUNDS $683,951 $683,951 $683,951 State General Funds $683,951 $683,951 $683,951 TOTAL PUBLIC FUNDS $683,951 $683,951 $683,951 Changes in the Size of the Program 388.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to meet demand. Agency Funds Prior Year $774,397 North Georgia Military Scholarship Grants Appropriation (HB1026) 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 Guard with their membership. TOTAL STATE FUNDS $683,951 $683,951 $683,951 State General Funds $683,951 $683,951 $683,951 TOTAL AGENCY FUNDS $774,397 Reserved Fund Balances $774,397 Agency Funds Prior Year $774,397 TOTAL PUBLIC FUNDS $683,951 $683,951 $1,458,348 389. North Georgia ROTC Grants Appropriation (HB85) 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 STATE FUNDS $432,479 $432,479 $432,479 State General Funds $432,479 $432,479 $432,479 TOTAL PUBLIC FUNDS $432,479 $432,479 $432,479 North Georgia ROTC Grants Appropriation (HB1026) 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 STATE FUNDS $432,479 $432,479 $432,479 State General Funds $432,479 $432,479 $432,479 TOTAL PUBLIC FUNDS $432,479 $432,479 $432,479 THURSDAY, FEBRUARY 16, 2006 1253 390. Promise Scholarship Appropriation (HB85) 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 STATE FUNDS $5,855,278 $5,855,278 $5,855,278 Lottery Proceeds $5,855,278 $5,855,278 $5,855,278 TOTAL PUBLIC FUNDS $5,855,278 $5,855,278 $5,855,278 Promise Scholarship Appropriation (HB1026) 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 STATE FUNDS $5,855,278 $5,855,278 $5,855,278 Lottery Proceeds $5,855,278 $5,855,278 $5,855,278 TOTAL PUBLIC FUNDS $5,855,278 $5,855,278 $5,855,278 391. Promise II Scholarship Appropriation (HB85) 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 STATE FUNDS $74,590 $74,590 $74,590 Lottery Proceeds $74,590 $74,590 $74,590 TOTAL PUBLIC FUNDS $74,590 $74,590 $74,590 Promise II Scholarship Appropriation (HB1026) 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 STATE FUNDS $74,590 $74,590 $74,590 Lottery Proceeds $74,590 $74,590 $74,590 TOTAL PUBLIC FUNDS $74,590 $74,590 $74,590 392. Public Memorial Safety Grant Appropriation (HB85) 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 1254 JOURNAL OF THE HOUSE public post-secondary institution in the State of Georgia. TOTAL STATE FUNDS $255,850 $255,850 $255,850 Lottery Proceeds $255,850 $255,850 $255,850 TOTAL PUBLIC FUNDS $255,850 $255,850 $255,850 Public Memorial Safety Grant Appropriation (HB1026) 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 STATE FUNDS $255,850 $255,850 $255,850 Lottery Proceeds $255,850 $255,850 $255,850 TOTAL PUBLIC FUNDS $255,850 $255,850 $255,850 393. Teacher Scholarship Appropriation (HB85) The purpose is to provide forgivable loans to teachers seeking advanced education degrees in critical shortage fields of study. TOTAL STATE FUNDS $5,332,698 $5,332,698 $5,332,698 Lottery Proceeds $5,332,698 $5,332,698 $5,332,698 TOTAL PUBLIC FUNDS $5,332,698 $5,332,698 $5,332,698 Teacher Scholarship Appropriation (HB1026) The purpose is to provide forgivable loans to teachers seeking advanced education degrees in critical shortage fields of study. TOTAL STATE FUNDS $5,332,698 $5,332,698 $5,332,698 Lottery Proceeds $5,332,698 $5,332,698 $5,332,698 TOTAL PUBLIC FUNDS $5,332,698 $5,332,698 $5,332,698 394. Tuition Equalization Grants Appropriation (HB85) 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 STATE FUNDS $29,031,802 $29,031,802 $29,031,802 State General Funds $29,031,802 $29,031,802 $29,031,802 TOTAL PUBLIC FUNDS $29,031,802 $29,031,802 $29,031,802 THURSDAY, FEBRUARY 16, 2006 1255 Changes in the Size of the Program 394.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to meet demand. Agency Funds Prior Year $1,490,798 Tuition Equalization Grants Appropriation (HB1026) 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 STATE FUNDS $29,031,802 $29,031,802 $29,031,802 State General Funds $29,031,802 $29,031,802 $29,031,802 TOTAL AGENCY FUNDS $1,490,798 Reserved Fund Balances $1,490,798 Agency Funds Prior Year $1,490,798 TOTAL PUBLIC FUNDS $29,031,802 $29,031,802 $30,522,600 395. Nonpublic Postsecondary Education Commission Appropriation (HB85) The purpose is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed; resolve complaints. TOTAL STATE FUNDS $645,204 $645,204 $645,204 State General Funds $645,204 $645,204 $645,204 TOTAL PUBLIC FUNDS $645,204 $645,204 $645,204 Statewide Changes 395.1 WC, GTA, and GBA State General Funds $0 $0 $0 Nonpublic Postsecondary Education Commission Appropriation (HB1026) The purpose is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed; resolve complaints. TOTAL STATE FUNDS $645,204 $645,204 $645,204 State General Funds $645,204 $645,204 $645,204 TOTAL PUBLIC FUNDS $645,204 $645,204 $645,204 1256 JOURNAL OF THE HOUSE Section 44: Teachers' Retirement System TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS Section Total (HB85) $1,980,000 $1,980,000 $1,980,000 $1,980,000 $22,762,451 $22,762,451 $24,742,451 $24,742,451 Final Section Totals $1,980,000 $1,980,000 $1,980,000 $1,980,000 $22,768,470 $22,768,470 $24,748,470 $24,748,470 $1,980,000 $1,980,000 $22,762,451 $24,742,451 $1,980,000 $1,980,000 $22,768,470 $24,748,470 396. Floor / COLA, Local System Fund Appropriation (HB85) 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 STATE FUNDS $1,980,000 $1,980,000 $1,980,000 State General Funds $1,980,000 $1,980,000 $1,980,000 TOTAL PUBLIC FUNDS $1,980,000 $1,980,000 $1,980,000 Floor / COLA, Local System Fund Appropriation (HB1026) 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 STATE FUNDS $1,980,000 $1,980,000 $1,980,000 State General Funds $1,980,000 $1,980,000 $1,980,000 TOTAL PUBLIC FUNDS $1,980,000 $1,980,000 $1,980,000 397. System Administration Appropriation (HB85) The purpose is to provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,762,451 $22,762,451 $22,762,451 THURSDAY, FEBRUARY 16, 2006 1257 Retirement Payments $22,762,451 $22,762,451 $22,762,451 TOTAL PUBLIC FUNDS $22,762,451 $22,762,451 $22,762,451 Statewide Changes 397.1 WC, GTA, and GBA Retirement Payments $6,019 $6,019 $6,019 System Administration Appropriation (HB1026) The purpose is to provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,768,470 $22,768,470 $22,768,470 Retirement Payments $22,768,470 $22,768,470 $22,768,470 TOTAL PUBLIC FUNDS $22,768,470 $22,768,470 $22,768,470 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 45: Technical Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Adult Education State Grant Program CFDA84.002 Temporary Assistance for Needy Families Vocational Education Basic Grants CFDA84.048 TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Adult Education State Grant Program CFDA84.002 Temporary Assistance for Needy Families Section Total (HB85) $320,577,801 $320,577,801 $320,577,801 $320,577,801 $27,114,459 $27,114,459 $7,021,333 $7,021,333 $7,300,000 $7,300,000 $12,793,126 $12,793,126 $55,932,658 $55,932,658 $55,932,658 $55,932,658 $403,624,918 $403,624,918 Final Section Totals $329,429,858 $329,539,223 $329,429,858 $329,539,223 $27,114,459 $27,114,459 $7,021,333 $7,021,333 $7,300,000 $7,300,000 $320,577,801 $320,577,801 $27,114,459 $7,021,333 $7,300,000 $12,793,126 $55,932,658 $55,932,658 $403,624,918 $329,481,858 $329,481,858 $27,114,459 $7,021,333 $7,300,000 1258 JOURNAL OF THE HOUSE Vocational Education Basic Grants CFDA84.048 TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $12,793,126 $55,932,658 $55,932,658 $412,476,975 $12,793,126 $55,932,658 $55,932,658 $412,586,340 $12,793,126 $55,932,658 $55,932,658 $412,528,975 398. Adult Literacy Appropriation (HB85) 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 STATE FUNDS $11,853,450 $11,853,450 $11,853,450 State General Funds $11,853,450 $11,853,450 $11,853,450 TOTAL FEDERAL FUNDS $10,021,333 $10,021,333 $10,021,333 Adult Education State Grant Program CFDA84.002 $7,021,333 $7,021,333 $7,021,333 Temporary Assistance for Needy Families $3,000,000 $3,000,000 $3,000,000 Temporary Assistance for Needy Families Block Grant CFDA $3,000,000 $3,000,000 $3,000,000 93.558 TOTAL AGENCY FUNDS $1,121,886 $1,121,886 $1,121,886 Sales and Services $1,121,886 $1,121,886 $1,121,886 General Educational Development Fees $1,121,886 $1,121,886 $1,121,886 TOTAL PUBLIC FUNDS $22,996,669 $22,996,669 $22,996,669 Changes in Operations / Administration 398.1 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005. State General Funds $159,014 $159,014 $159,014 Changes in the Size of the Program 398.2 Transfer funds to the Administration program. State General Funds ($649,197) ($649,197) ($649,197) Adult Education State Grant Program CFDA84.002 ($351,807) ($351,807) ($351,807) TOTAL PUBLIC FUNDS ($1,001,004) ($1,001,004) ($1,001,004) Adult Literacy Appropriation (HB1026) The purpose is to enable every adult learner in Georgia to acquire the necessary basic skills -- reading, writing, THURSDAY, FEBRUARY 16, 2006 1259 computation, speaking, and listening -- to compete successfully in today's workplace, strengthen family foundations, and exercise full citizenship. TOTAL STATE FUNDS $11,363,267 $11,363,267 $11,363,267 State General Funds $11,363,267 $11,363,267 $11,363,267 TOTAL FEDERAL FUNDS $9,669,526 $9,669,526 $9,669,526 Adult Education State Grant Program CFDA84.002 $6,669,526 $6,669,526 $6,669,526 Temporary Assistance for Needy Families $3,000,000 $3,000,000 $3,000,000 Temporary Assistance for Needy Families Block Grant CFDA $3,000,000 $3,000,000 $3,000,000 93.558 TOTAL AGENCY FUNDS $1,121,886 $1,121,886 $1,121,886 Sales and Services $1,121,886 $1,121,886 $1,121,886 General Educational Development Fees $1,121,886 $1,121,886 $1,121,886 TOTAL PUBLIC FUNDS $22,154,679 $22,154,679 $22,154,679 399. Departmental Administration Appropriation (HB85) 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 STATE FUNDS $4,728,848 $4,728,848 $4,728,848 State General Funds $4,728,848 $4,728,848 $4,728,848 TOTAL FEDERAL FUNDS $800,000 $800,000 $800,000 Temporary Assistance for Needy Families $800,000 $800,000 $800,000 Temporary Assistance for Needy Families Block Grant CFDA $800,000 $800,000 $800,000 93.558 TOTAL PUBLIC FUNDS $5,528,848 $5,528,848 $5,528,848 Statewide Changes 399.1 WC, GTA, and GBA State General Funds $6,851 $6,851 $6,851 Changes in Operations / Administration 399.3 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005. State General Funds $414,434 $414,434 $414,434 1260 JOURNAL OF THE HOUSE Changes in the Size of the Program 399.2 Transfer from Adult Literacy and Technical Education. State General Funds $3,840,176 $3,840,176 $3,840,176 Adult Education State Grant Program CFDA84.002 $351,807 $351,807 $351,807 Vocational Education Basic Grants CFDA84.048 $1,707,981 $1,707,981 $1,707,981 TOTAL PUBLIC FUNDS $5,899,964 $5,899,964 $5,899,964 Departmental Administration Appropriation (HB1026) 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 STATE FUNDS $8,990,309 $8,990,309 $8,990,309 State General Funds $8,990,309 $8,990,309 $8,990,309 TOTAL FEDERAL FUNDS $2,859,788 $2,859,788 $2,859,788 Adult Education State Grant Program CFDA84.002 $351,807 $351,807 $351,807 Temporary Assistance for Needy Families $800,000 $800,000 $800,000 Temporary Assistance for Needy Families Block Grant CFDA $800,000 $800,000 $800,000 93.558 Vocational Education Basic Grants CFDA84.048 $1,707,981 $1,707,981 $1,707,981 TOTAL PUBLIC FUNDS $11,850,097 $11,850,097 $11,850,097 400. Quick Start and Customized Services Appropriation (HB85) The purpose is to provide a number of programs and services designed to assist businesses and industries with their training needs. TOTAL STATE FUNDS $11,889,779 $11,889,779 $11,889,779 State General Funds $11,889,779 $11,889,779 $11,889,779 TOTAL PUBLIC FUNDS $11,889,779 $11,889,779 $11,889,779 Changes in Operations / Administration 400.1 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005. State General Funds $372,280 $372,280 $372,280 THURSDAY, FEBRUARY 16, 2006 1261 Quick Start and Customized Services Appropriation (HB1026) The purpose is to provide a number of programs and services designed to assist businesses and industries with their training needs. TOTAL STATE FUNDS $12,262,059 $12,262,059 $12,262,059 State General Funds $12,262,059 $12,262,059 $12,262,059 TOTAL PUBLIC FUNDS $12,262,059 $12,262,059 $12,262,059 401. Technical Education Appropriation (HB85) 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 STATE FUNDS $292,105,724 $292,105,724 $292,105,724 State General Funds $292,105,724 $292,105,724 $292,105,724 TOTAL FEDERAL FUNDS $16,293,126 $16,293,126 $16,293,126 Temporary Assistance for Needy Families $3,500,000 $3,500,000 $3,500,000 Temporary Assistance for Needy Families Block Grant CFDA $3,500,000 $3,500,000 $3,500,000 93.558 Vocational Education Basic Grants CFDA84.048 $12,793,126 $12,793,126 $12,793,126 TOTAL AGENCY FUNDS $54,810,772 $54,810,772 $54,810,772 Sales and Services $54,810,772 $54,810,772 $54,810,772 Sales and Services Not Itemized $1,947,548 $1,947,548 $1,947,548 Tuition and Fees for Higher Education $52,863,224 $52,863,224 $52,863,224 TOTAL PUBLIC FUNDS $363,209,622 $363,209,622 $363,209,622 Statewide Changes 401.1 WC, GTA, and GBA State General Funds $209,290 $209,290 $209,290 Changes in Operations / Administration 401.3 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005. State General Funds $7,690,188 $7,690,188 $7,690,188 Changes in What Services are Offered 401.4 Provide start-up funding for a pest control certification testing program at Athens Technical College. 1262 JOURNAL OF THE HOUSE State General Funds $109,365 $52,000 Changes in the Size of the Program 401.2 Transfer funds to the Administration program. State General Funds ($3,190,979) ($3,190,979) ($3,190,979) Vocational Education Basic Grants CFDA84.048 ($1,707,981) ($1,707,981) ($1,707,981) TOTAL PUBLIC FUNDS ($4,898,960) ($4,898,960) ($4,898,960) Technical Education Appropriation (HB1026) 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 STATE FUNDS $296,814,223 $296,923,588 $296,866,223 State General Funds $296,814,223 $296,923,588 $296,866,223 TOTAL FEDERAL FUNDS $14,585,145 $14,585,145 $14,585,145 Temporary Assistance for Needy Families $3,500,000 $3,500,000 $3,500,000 Temporary Assistance for Needy Families Block Grant CFDA $3,500,000 $3,500,000 $3,500,000 93.558 Vocational Education Basic Grants CFDA84.048 $11,085,145 $11,085,145 $11,085,145 TOTAL AGENCY FUNDS $54,810,772 $54,810,772 $54,810,772 Sales and Services $54,810,772 $54,810,772 $54,810,772 Sales and Services Not Itemized $1,947,548 $1,947,548 $1,947,548 Tuition and Fees for Higher Education $52,863,224 $52,863,224 $52,863,224 TOTAL PUBLIC FUNDS $366,210,140 $366,319,505 $366,262,140 Section 46: Transportation, Department of TOTAL STATE FUNDS State Motor Fuel Taxes State General Funds TOTAL FEDERAL FUNDS Airport Improvement Program CFDA20.106 Federal Highway Administration Planning & Construction Section Total (HB85) $619,016,368 $619,016,368 $604,380,000 $604,380,000 $14,636,368 $14,636,368 $1,118,858,431 $1,118,858,431 $6,000,000 $6,000,000 $742,116,038 $742,116,038 $619,016,368 $604,380,000 $14,636,368 $1,118,858,431 $6,000,000 $742,116,038 THURSDAY, FEBRUARY 16, 2006 1263 CFDA20.205 Federal Transit Administration Capital Investment Grants CFDA20.500 Federal Transit Formula Grants CFDA20.507 TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State Motor Fuel Taxes State General Funds TOTAL FEDERAL FUNDS Airport Improvement Program CFDA20.106 Federal Highway Administration Planning & Construction CFDA20.205 Federal Transit Administration Capital Investment Grants CFDA20.500 Federal Transit Formula Grants CFDA20.507 TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS $357,883,962 $357,883,962 $357,883,962 $12,858,431 $12,858,431 $30,516,747 $30,516,747 $21,717,277 $21,717,277 $760,233 $760,233 $8,039,237 $8,039,237 $657,795 $657,795 $1,769,049,341 $1,769,049,341 Final Section Totals $673,196,606 $673,196,606 $658,555,019 $658,555,019 $14,641,587 $14,641,587 $1,118,858,431 $1,118,858,431 $6,000,000 $6,000,000 $742,002,072 $742,002,072 $12,858,431 $30,516,747 $21,717,277 $760,233 $8,039,237 $657,795 $1,769,049,341 $673,196,606 $658,555,019 $14,641,587 $1,118,858,431 $6,000,000 $742,002,072 $357,997,928 $357,997,928 $357,997,928 $12,858,431 $30,516,747 $21,799,287 $760,233 $7,957,227 $657,795 $1,823,229,579 $12,858,431 $30,516,747 $21,799,287 $760,233 $7,957,227 $657,795 $1,823,229,579 $12,858,431 $30,516,747 $21,799,287 $760,233 $7,957,227 $657,795 $1,823,229,579 402. Air Transportation Appropriation (HB85) The purpose is to provide transportation to state officials and companies considering a move to Georgia and conducting aerial photography flights. 1264 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $1,354,828 $1,354,828 $1,354,828 State General Funds $1,354,828 $1,354,828 $1,354,828 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $657,795 $657,795 $657,795 Air Transportation Charges $657,795 $657,795 $657,795 TOTAL PUBLIC FUNDS $2,012,623 $2,012,623 $2,012,623 Statewide Changes 402.1 WC, GTA, and GBA State General Funds $1,831 $1,831 $1,831 Changes in the Size of the Program 402.2 Transfer to the Transit program to cover the retirement cost of two employees. State General Funds ($7,726) ($7,726) ($7,726) Air Transportation Appropriation (HB1026) The purpose is to provide transportation to state officials and companies considering a move to Georgia and conducting aerial photography flights. TOTAL STATE FUNDS $1,348,933 $1,348,933 $1,348,933 State General Funds $1,348,933 $1,348,933 $1,348,933 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $657,795 $657,795 $657,795 Air Transportation Charges $657,795 $657,795 $657,795 TOTAL PUBLIC FUNDS $2,006,728 $2,006,728 $2,006,728 403. Airport Aid Appropriation (HB85) 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 STATE FUNDS $5,459,409 $5,459,409 $5,459,409 State General Funds $5,459,409 $5,459,409 $5,459,409 TOTAL FEDERAL FUNDS $6,000,000 $6,000,000 $6,000,000 Airport Improvement Program CFDA20.106 $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $11,459,409 $11,459,409 $11,459,409 Statewide Changes 403.1 WC, GTA, and GBA State General Funds $366 $366 $366 THURSDAY, FEBRUARY 16, 2006 1265 Changes in the Size of the Program 403.2 Realign funds to the Transit program to meet projected expenditures. State General Funds ($63,620) ($63,620) ($63,620) 403.3 Transfer funds to the Administration program to consolidate administrative functions in accordance with department operations. State General Funds ($5,701) ($5,701) ($5,701) Airport Aid Appropriation (HB1026) 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 STATE FUNDS $5,390,454 $5,390,454 $5,390,454 State General Funds $5,390,454 $5,390,454 $5,390,454 TOTAL FEDERAL FUNDS $6,000,000 $6,000,000 $6,000,000 Airport Improvement Program CFDA20.106 $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $11,390,454 $11,390,454 $11,390,454 404. Data Collection, Compliance and Reporting Appropriation (HB85) 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 STATE FUNDS $2,396,794 $2,396,794 $2,396,794 State Motor Fuel Taxes $1,581,031 $1,581,031 $1,581,031 State General Funds $815,763 $815,763 $815,763 TOTAL FEDERAL FUNDS $3,784,538 $3,784,538 $3,784,538 Federal Highway Administration Planning & Construction $3,784,538 $3,784,538 $3,784,538 CFDA20.205 TOTAL AGENCY FUNDS $115,101 $115,101 $115,101 Reserved Fund Balances $52,844 $52,844 $52,844 Motor Fuel Prior Year Funds $52,844 $52,844 $52,844 Sales and Services $62,257 $62,257 $62,257 Sales and Services Not Itemized $62,257 $62,257 $62,257 TOTAL PUBLIC FUNDS $6,296,433 $6,296,433 $6,296,433 1266 JOURNAL OF THE HOUSE Statewide Changes 404.1 WC, GTA, and GBA State General Funds $1,373 $1,373 $1,373 Changes in the Size of the Program 404.2 Transfer funds from the Administration and State Highway System Construction and Improvement programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. State Motor Fuel Taxes $47,047 $47,047 $47,047 Federal Highway Administration Planning & Construction $113,966 $113,966 $113,966 CFDA20.205 TOTAL PUBLIC FUNDS $161,013 $161,013 $161,013 404.3 Realign funds from State Highway System Construction and Improvement and State Highway System Maintenance to meet projected expenditures. State Motor Fuel Taxes $342,247 $342,247 $342,247 Federal Highway Administration Planning & Construction ($113,966) ($113,966) ($113,966) CFDA20.205 TOTAL PUBLIC FUNDS $228,281 $228,281 $228,281 Data Collection, Compliance and Reporting Appropriation (HB1026) 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 STATE FUNDS $2,787,461 $2,787,461 $2,787,461 State Motor Fuel Taxes $1,970,325 $1,970,325 $1,970,325 State General Funds $817,136 $817,136 $817,136 TOTAL FEDERAL FUNDS $3,784,538 $3,784,538 $3,784,538 Federal Highway Administration Planning & Construction $3,784,538 $3,784,538 $3,784,538 CFDA20.205 TOTAL AGENCY FUNDS $115,101 $115,101 $115,101 Reserved Fund Balances $52,844 $52,844 $52,844 Motor Fuel Prior Year Funds $52,844 $52,844 $52,844 Sales and Services $62,257 $62,257 $62,257 Sales and Services Not Itemized $62,257 $62,257 $62,257 TOTAL PUBLIC FUNDS $6,687,100 $6,687,100 $6,687,100 THURSDAY, FEBRUARY 16, 2006 1267 405. Departmental Administration Appropriation (HB85) 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 STATE FUNDS $41,568,294 $41,568,294 $41,568,294 State Motor Fuel Taxes $41,468,294 $41,468,294 $41,468,294 State General Funds $100,000 $100,000 $100,000 TOTAL FEDERAL FUNDS $9,533,343 $9,533,343 $9,533,343 Federal Transit Administration Capital Investment Grants $9,533,343 $9,533,343 $9,533,343 CFDA20.500 TOTAL AGENCY FUNDS $2,304,236 $2,304,236 $2,304,236 Reserved Fund Balances $1,405,266 $1,405,266 $1,405,266 Motor Fuel Prior Year Funds $1,405,266 $1,405,266 $1,405,266 Sales and Services $898,970 $898,970 $898,970 Sales and Services Not Itemized $898,970 $898,970 $898,970 TOTAL PUBLIC FUNDS $53,405,873 $53,405,873 $53,405,873 Statewide Changes 405.1 WC, GTA, and GBA State General Funds $550 $550 $550 Changes in How the Program is Funded 405.2 Transfer funds to the Data Collection, Compliance and Reporting, Local Road Assistance and State Highway System Operations programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. State Motor Fuel Taxes ($179,495) ($179,495) ($179,495) Federal Transit Administration Capital Investment Grants ($221,388) ($221,388) ($221,388) CFDA20.500 Motor Fuel Prior Year Funds ($12,185) ($12,185) ($12,185) Sales and Services Not Itemized ($82,010) ($82,010) ($82,010) TOTAL PUBLIC FUNDS ($495,078) ($495,078) ($495,078) 405.3 Realign funds from State Highway System Construction and Improvement and State Highway System Maintenance to meet projected expenditures. 1268 JOURNAL OF THE HOUSE State Motor Fuel Taxes $179,495 $179,495 $179,495 Federal Transit Administration Capital Investment Grants $221,388 $221,388 $221,388 CFDA20.500 Motor Fuel Prior Year Funds $94,195 $94,195 $94,195 TOTAL PUBLIC FUNDS $495,078 $495,078 $495,078 Changes in the Size of the Program 405.4 Realign funds to the Transit program to meet projected expenditures. State Motor Fuel Taxes $14,461,507 $14,461,507 $14,461,507 State General Funds ($1,553) ($1,553) ($1,553) TOTAL PUBLIC FUNDS $14,459,954 $14,459,954 $14,459,954 405.5 Transfer funds from the Airport Aid, Ports and Waterways, Rail and Transit programs to consolidate administrative functions in accordance with department operations. State General Funds $478,394 $478,394 $478,394 Departmental Administration Appropriation (HB1026) 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 STATE FUNDS $56,507,192 $56,507,192 $56,507,192 State Motor Fuel Taxes $55,929,801 $55,929,801 $55,929,801 State General Funds $577,391 $577,391 $577,391 TOTAL FEDERAL FUNDS $9,533,343 $9,533,343 $9,533,343 Federal Transit Administration Capital Investment Grants $9,533,343 $9,533,343 $9,533,343 CFDA20.500 TOTAL AGENCY FUNDS $2,304,236 $2,304,236 $2,304,236 Reserved Fund Balances $1,487,276 $1,487,276 $1,487,276 Motor Fuel Prior Year Funds $1,487,276 $1,487,276 $1,487,276 Sales and Services $816,960 $816,960 $816,960 Sales and Services Not Itemized $816,960 $816,960 $816,960 TOTAL PUBLIC FUNDS $68,344,771 $68,344,771 $68,344,771 THURSDAY, FEBRUARY 16, 2006 1269 406. Local Road Assistance Appropriation (HB85) The purpose is for contracts with local governments to assist in the construction and reconstruction of their road, bridge, and street systems. TOTAL STATE FUNDS $88,634,898 $88,634,898 $88,634,898 State Motor Fuel Taxes $88,634,898 $88,634,898 $88,634,898 TOTAL FEDERAL FUNDS $67,429,038 $67,429,038 $67,429,038 Federal Highway Administration Planning & Construction $57,621,265 $57,621,265 $57,621,265 CFDA20.205 Federal Transit Administration Capital Investment Grants $9,807,773 $9,807,773 $9,807,773 CFDA20.500 TOTAL AGENCY FUNDS $3,584,325 $3,584,325 $3,584,325 Reserved Fund Balances $2,989,092 $2,989,092 $2,989,092 Motor Fuel Prior Year Funds $2,989,092 $2,989,092 $2,989,092 Intergovernmental Transfers $595,233 $595,233 $595,233 Authority/local government payments to state agencies $595,233 $595,233 $595,233 TOTAL PUBLIC FUNDS $159,648,261 $159,648,261 $159,648,261 Changes in the Size of the Program 406.1 Provide for the local road initiative "Paving the Way Home" by increasing the local assistance road program (LARP) from $38 million to $60 million, state fund construction/off-system from $18,562,534 to $34 million and state fund construction/most-needed from $6,583,667 to $23 million. State Motor Fuel Taxes $47,287,266 $47,287,266 $47,287,266 406.2 Transfer funds from the Administration and State Highway System Construction and Improvement programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. State Motor Fuel Taxes $130,024 $130,024 $130,024 Federal Highway Administration Planning & Construction $50,439 $50,439 $50,439 CFDA20.205 Motor Fuel Prior Year Funds $94,195 $94,195 $94,195 TOTAL PUBLIC FUNDS $274,658 $274,658 $274,658 406.3 Realign funds from the State Highway System Construction and Improvement and State Highway System Maintenance programs to meet projected expenditures. State Motor Fuel Taxes $1,763,559 $1,763,559 $1,763,559 1270 JOURNAL OF THE HOUSE Federal Highway Administration Planning & Construction ($50,439) ($50,439) ($50,439) CFDA20.205 Motor Fuel Prior Year Funds ($94,195) ($94,195) ($94,195) TOTAL PUBLIC FUNDS $1,618,925 $1,618,925 $1,618,925 Local Road Assistance Appropriation (HB1026) The purpose is for contracts with local governments to assist in the construction and reconstruction of their road, bridge, and street systems. TOTAL STATE FUNDS $137,815,747 $137,815,747 $137,815,747 State Motor Fuel Taxes $137,815,747 $137,815,747 $137,815,747 TOTAL FEDERAL FUNDS $67,429,038 $67,429,038 $67,429,038 Federal Highway Administration Planning & Construction $57,621,265 $57,621,265 $57,621,265 CFDA20.205 Federal Transit Administration Capital Investment Grants $9,807,773 $9,807,773 $9,807,773 CFDA20.500 TOTAL AGENCY FUNDS $3,584,325 $3,584,325 $3,584,325 Reserved Fund Balances $2,989,092 $2,989,092 $2,989,092 Motor Fuel Prior Year Funds $2,989,092 $2,989,092 $2,989,092 Intergovernmental Transfers $595,233 $595,233 $595,233 Authority/local government payments to state agencies $595,233 $595,233 $595,233 TOTAL PUBLIC FUNDS $208,829,110 $208,829,110 $208,829,110 407. Ports and Waterways Appropriation (HB85) The purpose is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports to promote international trade. TOTAL STATE FUNDS $1,119,230 $1,119,230 $1,119,230 State General Funds $1,119,230 $1,119,230 $1,119,230 TOTAL PUBLIC FUNDS $1,119,230 $1,119,230 $1,119,230 Statewide Changes 407.1 WC, GTA, and GBA State General Funds $183 $183 $183 Changes in the Size of the Program THURSDAY, FEBRUARY 16, 2006 1271 407.2 Realign funds from the Administration, Airport Aid, and Rail programs to the Transit program to reflect expenditures. State General Funds ($55,006) ($55,006) ($55,006) 407.3 Transfer funds to the Administration program to consolidate administrative functions in accordance with department operations. State General Funds ($19,535) ($19,535) ($19,535) Ports and Waterways Appropriation (HB1026) The purpose is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports to promote international trade. TOTAL STATE FUNDS $1,044,872 $1,044,872 $1,044,872 State General Funds $1,044,872 $1,044,872 $1,044,872 TOTAL PUBLIC FUNDS $1,044,872 $1,044,872 $1,044,872 408. Rail Appropriation (HB85) 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 STATE FUNDS $657,658 $657,658 $657,658 State General Funds $657,658 $657,658 $657,658 TOTAL PUBLIC FUNDS $657,658 $657,658 $657,658 Statewide Changes 408.1 WC, GTA, and GBA State General Funds $366 $366 $366 Changes in the Size of the Program 408.2 Realign funds to the Transit program to reflect expenditures. State General Funds ($98,263) ($98,263) ($98,263) 408.3 Transfer funds to the Administration program to consolidate administrative functions in accordance with department operations. State General Funds ($25,120) ($25,120) ($25,120) Rail Appropriation (HB1026) 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 STATE FUNDS $534,641 $534,641 $534,641 1272 JOURNAL OF THE HOUSE State General Funds TOTAL PUBLIC FUNDS $534,641 $534,641 $534,641 $534,641 $534,641 $534,641 409. State Highway System Construction and Improvement Appropriation (HB85) The purpose is to ensure a safe and efficient transportation system. TOTAL STATE FUNDS $223,494,656 $223,494,656 $223,494,656 State Motor Fuel Taxes $223,494,656 $223,494,656 $223,494,656 TOTAL FEDERAL FUNDS $846,325,475 $846,325,475 $846,325,475 Federal Highway Administration Planning & Construction $507,782,629 $507,782,629 $507,782,629 CFDA20.205 Federal Transit Administration Capital Investment Grants $338,542,846 $338,542,846 $338,542,846 CFDA20.500 TOTAL AGENCY FUNDS $10,569,488 $10,569,488 $10,569,488 Reserved Fund Balances $10,404,488 $10,404,488 $10,404,488 Motor Fuel Prior Year Funds $10,404,488 $10,404,488 $10,404,488 Intergovernmental Transfers $165,000 $165,000 $165,000 Authority/local government payments to state agencies $165,000 $165,000 $165,000 TOTAL PUBLIC FUNDS $1,080,389,619 $1,080,389,619 $1,080,389,619 Changes in How the Program is Funded 409.1 Transfer funds to the Data Collection, Compliance and Reporting, Local Road Assistance and State Highway System Operations programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. State Motor Fuel Taxes ($47,047) ($47,047) ($47,047) Federal Highway Administration Planning & Construction ($113,966) ($113,966) ($113,966) CFDA20.205 TOTAL PUBLIC FUNDS ($161,013) ($161,013) ($161,013) 409.2 Realign funds to Administration, Data Collection, Compliance and Reporting, Local Road Assistance and State Highway System Operations to meet projected expenditures. State Motor Fuel Taxes $47,047 $47,047 $47,047 Federal Transit Administration Capital Investment Grants $113,966 $113,966 $113,966 CFDA20.500 THURSDAY, FEBRUARY 16, 2006 1273 TOTAL PUBLIC FUNDS $161,013 $161,013 $161,013 Changes in the Size of the Program 409.3 Realign funds to Administration, Data Collection, Compliance and Reporting, Local Road Assistance and State Highway Operations to meet actual expenditures. State Motor Fuel Taxes ($5,818,993) ($5,818,993) ($5,818,993) 409.4 Provide for the local road initiative "Paving the Way Home" by increasing the local assistance road program (LARP) from $38 million to $60 million, state fund construction/off-system from $18,562,534 to $34 million and state fund construction/most-needed from $6,583,667 to $23 million. Also provide $322,788 for facility repairs and renovations in the State Highway System Construction and Improvement program. State Motor Fuel Taxes $6,889,321 $6,889,321 $6,889,321 State Highway System Construction and Improvement Appropriation (HB1026) The purpose is to ensure a safe and efficient transportation system. TOTAL STATE FUNDS $224,564,984 $224,564,984 $224,564,984 State Motor Fuel Taxes $224,564,984 $224,564,984 $224,564,984 TOTAL FEDERAL FUNDS $846,325,475 $846,325,475 $846,325,475 Federal Highway Administration Planning & Construction $507,668,663 $507,668,663 $507,668,663 CFDA20.205 Federal Transit Administration Capital Investment Grants $338,656,812 $338,656,812 $338,656,812 CFDA20.500 TOTAL AGENCY FUNDS $10,569,488 $10,569,488 $10,569,488 Reserved Fund Balances $10,404,488 $10,404,488 $10,404,488 Motor Fuel Prior Year Funds $10,404,488 $10,404,488 $10,404,488 Intergovernmental Transfers $165,000 $165,000 $165,000 Authority/local government payments to state agencies $165,000 $165,000 $165,000 TOTAL PUBLIC FUNDS $1,081,459,947 $1,081,459,947 $1,081,459,947 410. State Highway System Maintenance The purpose is to coordinate all statewide maintenance activities. TOTAL STATE FUNDS State Motor Fuel Taxes TOTAL FEDERAL FUNDS Appropriation (HB85) $177,960,168 $177,960,168 $148,458,050 $177,960,168 $177,960,168 $148,458,050 $177,960,168 $177,960,168 $148,458,050 1274 JOURNAL OF THE HOUSE Federal Highway Administration Planning & Construction $148,458,050 $148,458,050 $148,458,050 CFDA20.205 TOTAL AGENCY FUNDS $9,336,571 $9,336,571 $9,336,571 Reserved Fund Balances $6,286,801 $6,286,801 $6,286,801 Motor Fuel Prior Year Funds $6,286,801 $6,286,801 $6,286,801 Sales and Services $3,049,770 $3,049,770 $3,049,770 Sales and Services Not Itemized $3,049,770 $3,049,770 $3,049,770 TOTAL PUBLIC FUNDS $335,754,789 $335,754,789 $335,754,789 Changes in the Size of the Program 410.1 Realign funds to the Administration, Data Collection, Compliance and Reporting, Local Road Assistance and State Highway System Operations programs. State Motor Fuel Taxes ($11,992,738) ($11,992,738) ($11,992,738) State Highway System Maintenance Appropriation (HB1026) The purpose is to coordinate all statewide maintenance activities. TOTAL STATE FUNDS $165,967,430 $165,967,430 $165,967,430 State Motor Fuel Taxes $165,967,430 $165,967,430 $165,967,430 TOTAL FEDERAL FUNDS $148,458,050 $148,458,050 $148,458,050 Federal Highway Administration Planning & Construction $148,458,050 $148,458,050 $148,458,050 CFDA20.205 TOTAL AGENCY FUNDS $9,336,571 $9,336,571 $9,336,571 Reserved Fund Balances $6,286,801 $6,286,801 $6,286,801 Motor Fuel Prior Year Funds $6,286,801 $6,286,801 $6,286,801 Sales and Services $3,049,770 $3,049,770 $3,049,770 Sales and Services Not Itemized $3,049,770 $3,049,770 $3,049,770 TOTAL PUBLIC FUNDS $323,762,051 $323,762,051 $323,762,051 411. State Highway System Operations Appropriation (HB85) The purpose is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management. TOTAL STATE FUNDS $17,240,493 $17,240,493 $17,240,493 State Motor Fuel Taxes $17,240,493 $17,240,493 $17,240,493 TOTAL FEDERAL FUNDS $24,469,556 $24,469,556 $24,469,556 THURSDAY, FEBRUARY 16, 2006 1275 Federal Highway Administration Planning & Construction $24,469,556 $24,469,556 $24,469,556 CFDA20.205 TOTAL AGENCY FUNDS $4,605,026 $4,605,026 $4,605,026 Reserved Fund Balances $578,786 $578,786 $578,786 Motor Fuel Prior Year Funds $578,786 $578,786 $578,786 Sales and Services $4,026,240 $4,026,240 $4,026,240 Permits $4,026,240 $4,026,240 $4,026,240 TOTAL PUBLIC FUNDS $46,315,075 $46,315,075 $46,315,075 Changes in the Size of the Program 411.1 Realign funds from the State Highway System Construction and Improvement and State Highway System Maintenance programs to meet projected expenditures. State Motor Fuel Taxes $1,017,876 $1,017,876 $1,017,876 Federal Highway Administration Planning & Construction ($170,949) ($170,949) ($170,949) CFDA20.205 TOTAL PUBLIC FUNDS $846,927 $846,927 $846,927 411.2 Transfer funds from the Administration and State Highway System Construction and Improvement programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. State Motor Fuel Taxes $49,471 $49,471 $49,471 Federal Highway Administration Planning & Construction $170,949 $170,949 $170,949 CFDA20.205 TOTAL PUBLIC FUNDS $220,420 $220,420 $220,420 State Highway System Operations Appropriation (HB1026) The purpose is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management. TOTAL STATE FUNDS $18,307,840 $18,307,840 $18,307,840 State Motor Fuel Taxes $18,307,840 $18,307,840 $18,307,840 TOTAL FEDERAL FUNDS $24,469,556 $24,469,556 $24,469,556 Federal Highway Administration Planning & Construction $24,469,556 $24,469,556 $24,469,556 CFDA20.205 TOTAL AGENCY FUNDS $4,605,026 $4,605,026 $4,605,026 Reserved Fund Balances $578,786 $578,786 $578,786 Motor Fuel Prior Year Funds $578,786 $578,786 $578,786 1276 JOURNAL OF THE HOUSE Sales and Services Permits TOTAL PUBLIC FUNDS $4,026,240 $4,026,240 $47,382,422 $4,026,240 $4,026,240 $47,382,422 $4,026,240 $4,026,240 $47,382,422 412. Transit Appropriation (HB85) 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 STATE FUNDS $5,129,480 $5,129,480 $5,129,480 State General Funds $5,129,480 $5,129,480 $5,129,480 TOTAL FEDERAL FUNDS $12,858,431 $12,858,431 $12,858,431 Federal Transit Formula Grants CFDA20.507 $12,858,431 $12,858,431 $12,858,431 TOTAL AGENCY FUNDS $2,000 $2,000 $2,000 Sales and Services $2,000 $2,000 $2,000 Sales and Services Not Itemized $2,000 $2,000 $2,000 TOTAL PUBLIC FUNDS $17,989,911 $17,989,911 $17,989,911 Statewide Changes 412.1 WC, GTA, and GBA State General Funds $550 $550 $550 Changes in the Size of the Program 412.2 Realign funds from the Administration, Airport Aid, Ports and Waterways and Rail programs to reflect expenditures. State General Funds $218,442 $218,442 $218,442 412.3 Transfer from the Air Transportation program to cover the retirement cost of two employees. State General Funds $7,726 $7,726 $7,726 412.4 Transfer funds to the Administration program to consolidate administrative functions in accordance with department operations. State General Funds ($428,038) ($428,038) ($428,038) Transit Appropriation (HB1026) 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 STATE FUNDS $4,928,160 $4,928,160 $4,928,160 State General Funds $4,928,160 $4,928,160 $4,928,160 THURSDAY, FEBRUARY 16, 2006 1277 TOTAL FEDERAL FUNDS Federal Transit Formula Grants CFDA20.507 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $12,858,431 $12,858,431 $2,000 $2,000 $2,000 $17,788,591 $12,858,431 $12,858,431 $2,000 $2,000 $2,000 $17,788,591 $12,858,431 $12,858,431 $2,000 $2,000 $2,000 $17,788,591 413. Payments to the State Road and Tollway Authority Appropriation (HB85) The purpose is to provide funds through State Road and Tollway Authority for Bond Trustees for debt service payments on Guaranteed Revenue Bonds. TOTAL STATE FUNDS $54,000,460 $54,000,460 $54,000,460 State Motor Fuel Taxes $54,000,460 $54,000,460 $54,000,460 TOTAL PUBLIC FUNDS $54,000,460 $54,000,460 $54,000,460 Changes in Operations / Administration 413.1 Decrease payments to the State Road and Tollway Authority from $54,000,460 to $53,998,892 to reflect the current debt service payment schedule. State Motor Fuel Taxes ($1,568) ($1,568) ($1,568) Payments to the State Road and Tollway Authority Appropriation (HB1026) The purpose is to provide funds through State Road and Tollway Authority for Bond Trustees for debt service payments on Guaranteed Revenue Bonds. TOTAL STATE FUNDS $53,998,892 $53,998,892 $53,998,892 State Motor Fuel Taxes $53,998,892 $53,998,892 $53,998,892 TOTAL PUBLIC FUNDS $53,998,892 $53,998,892 $53,998,892 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 1278 JOURNAL OF THE HOUSE 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 department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. Section 47: Veterans Service, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Pension to Veterans, Surviving Spouses, & Children CFDA64.105 Post-Vietnam Era Veterans' Educational Assistance CFDA64.12 Veterans Information and Assistance CFDA 64.115 TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total (HB85) $21,340,355 $21,340,355 $21,340,355 $21,340,355 $10,984,151 $10,984,151 $4,246,050 $4,246,050 $654,266 $654,266 $6,083,835 $6,083,835 $32,324,506 $32,324,506 Final Section Totals $21,348,051 $21,498,051 $21,348,051 $21,498,051 $10,984,151 $10,984,151 $21,340,355 $21,340,355 $10,984,151 $4,246,050 $654,266 $6,083,835 $32,324,506 $21,498,051 $21,498,051 $10,984,151 THURSDAY, FEBRUARY 16, 2006 1279 Pension to Veterans, Surviving Spouses, & Children CFDA64.105 Post-Vietnam Era Veterans' Educational Assistance CFDA64.12 Veterans Information and Assistance CFDA 64.115 TOTAL PUBLIC FUNDS $4,246,050 $654,266 $6,083,835 $32,332,202 $4,246,050 $654,266 $6,083,835 $32,482,202 $4,246,050 $654,266 $6,083,835 $32,482,202 414. Departmental Administration Appropriation (HB85) 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 STATE FUNDS $676,034 $676,034 $676,034 State General Funds $676,034 $676,034 $676,034 TOTAL FEDERAL FUNDS $79,875 $79,875 $79,875 Post-Vietnam Era Veterans' Educational Assistance CFDA64.12 $79,875 $79,875 $79,875 TOTAL PUBLIC FUNDS $755,909 $755,909 $755,909 Statewide Changes 414.1 WC, GTA, and GBA State General Funds $616 $616 $616 Changes in the Size of the Program 414.2 Transfer funds to Georgia War Veterans Nursing Home-Augusta. State General Funds ($8,662) ($8,662) ($8,662) Departmental Administration Appropriation (HB1026) 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 STATE FUNDS $667,988 $667,988 $667,988 State General Funds $667,988 $667,988 $667,988 TOTAL FEDERAL FUNDS $79,875 $79,875 $79,875 Post-Vietnam Era Veterans' Educational Assistance CFDA64.12 $79,875 $79,875 $79,875 TOTAL PUBLIC FUNDS $747,863 $747,863 $747,863 415. Georgia Veterans Memorial Cemetery Appropriation (HB85) The purpose is to provide for the internment of eligible Georgia Veterans who served faithfully and honorably in the military service of our country. 1280 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $297,683 $297,683 $297,683 State General Funds $297,683 $297,683 $297,683 TOTAL PUBLIC FUNDS $297,683 $297,683 $297,683 Statewide Changes 415.1 WC, GTA, and GBA State General Funds $385 $385 $385 Changes in the Size of the Program 415.2 Transfer funds to Georgia War Veterans Nursing Home-Augusta. State General Funds ($2,889) ($2,889) ($2,889) Georgia Veterans Memorial Cemetery Appropriation (HB1026) 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 STATE FUNDS $295,179 $295,179 $295,179 State General Funds $295,179 $295,179 $295,179 TOTAL PUBLIC FUNDS $295,179 $295,179 $295,179 416. Georgia War Veterans Nursing Home - Augusta Appropriation (HB85) 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 STATE FUNDS $4,437,230 $4,437,230 $4,437,230 State General Funds $4,437,230 $4,437,230 $4,437,230 TOTAL FEDERAL FUNDS $3,104,750 $3,104,750 $3,104,750 Pension to Veterans, Surviving Spouses, & Children CFDA64.105 $3,104,750 $3,104,750 $3,104,750 TOTAL PUBLIC FUNDS $7,541,980 $7,541,980 $7,541,980 Changes in Operations / Administration 416.2 Provide additional funds to cover the increasing cost of healthcare and pharmaceuticals. State General Funds $150,000 $150,000 Changes in the Size of the Program 416.1 Transfer funds from other programs to cover increases in health care costs. State General Funds $96,257 $96,257 $96,257 Georgia War Veterans Nursing Home - Augusta Appropriation (HB1026) THURSDAY, FEBRUARY 16, 2006 1281 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 STATE FUNDS $4,533,487 $4,683,487 $4,683,487 State General Funds $4,533,487 $4,683,487 $4,683,487 TOTAL FEDERAL FUNDS $3,104,750 $3,104,750 $3,104,750 Pension to Veterans, Surviving Spouses, & Children CFDA64.105 $3,104,750 $3,104,750 $3,104,750 TOTAL PUBLIC FUNDS $7,638,237 $7,788,237 $7,788,237 417. Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB85) The purpose is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $10,392,240 $10,392,240 $10,392,240 State General Funds $10,392,240 $10,392,240 $10,392,240 TOTAL FEDERAL FUNDS $7,225,135 $7,225,135 $7,225,135 Pension to Veterans, Surviving Spouses, & Children CFDA64.105 $1,141,300 $1,141,300 $1,141,300 Veterans Information and Assistance CFDA 64.115 $6,083,835 $6,083,835 $6,083,835 TOTAL PUBLIC FUNDS $17,617,375 $17,617,375 $17,617,375 Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB1026) The purpose is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $10,392,240 $10,392,240 $10,392,240 State General Funds $10,392,240 $10,392,240 $10,392,240 TOTAL FEDERAL FUNDS $7,225,135 $7,225,135 $7,225,135 Pension to Veterans, Surviving Spouses, & Children CFDA64.105 $1,141,300 $1,141,300 $1,141,300 Veterans Information and Assistance CFDA 64.115 $6,083,835 $6,083,835 $6,083,835 TOTAL PUBLIC FUNDS $17,617,375 $17,617,375 $17,617,375 418. Veterans Benefits Appropriation (HB85) 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 STATE FUNDS $5,537,168 $5,537,168 $5,537,168 State General Funds $5,537,168 $5,537,168 $5,537,168 1282 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS $574,391 $574,391 $574,391 Post-Vietnam Era Veterans' Educational Assistance CFDA64.12 $574,391 $574,391 $574,391 TOTAL PUBLIC FUNDS $6,111,559 $6,111,559 $6,111,559 Statewide Changes 418.1 WC, GTA, and GBA State General Funds $6,695 $6,695 $6,695 Changes in the Size of the Program 418.2 Transfer funds to Georgia War Veterans Nursing Home-Augusta. State General Funds ($84,706) ($84,706) ($84,706) Veterans Benefits Appropriation (HB1026) 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 STATE FUNDS $5,459,157 $5,459,157 $5,459,157 State General Funds $5,459,157 $5,459,157 $5,459,157 TOTAL FEDERAL FUNDS $574,391 $574,391 $574,391 Post-Vietnam Era Veterans' Educational Assistance CFDA64.12 $574,391 $574,391 $574,391 TOTAL PUBLIC FUNDS $6,033,548 $6,033,548 $6,033,548 Section 48: Workers' Compensation, State Board of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Section Total (HB85) $15,697,280 $15,697,280 $15,697,280 $15,697,280 $240,000 $240,000 $240,000 $240,000 $15,937,280 $15,937,280 Final Section Totals $15,706,280 $15,706,280 $15,706,280 $15,706,280 $240,000 $240,000 $240,000 $240,000 $15,697,280 $15,697,280 $240,000 $240,000 $15,937,280 $15,706,280 $15,706,280 $240,000 $240,000 THURSDAY, FEBRUARY 16, 2006 1283 TOTAL PUBLIC FUNDS $15,946,280 $15,946,280 $15,946,280 419. Administer the Workers' Compensation Laws Appropriation (HB85) The purpose is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $9,366,793 $9,366,793 $9,366,793 State General Funds $9,366,793 $9,366,793 $9,366,793 TOTAL PUBLIC FUNDS $9,366,793 $9,366,793 $9,366,793 Statewide Changes 419.1 WC, GTA, and GBA State General Funds $8,017 $8,017 $8,017 Administer the Workers' Compensation Laws Appropriation (HB1026) The purpose is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $9,374,810 $9,374,810 $9,374,810 State General Funds $9,374,810 $9,374,810 $9,374,810 TOTAL PUBLIC FUNDS $9,374,810 $9,374,810 $9,374,810 420. Board Administration Appropriation (HB85) 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 STATE FUNDS $6,330,487 $6,330,487 $6,330,487 State General Funds $6,330,487 $6,330,487 $6,330,487 TOTAL AGENCY FUNDS $240,000 $240,000 $240,000 Sales and Services $240,000 $240,000 $240,000 Sales and Services Not Itemized $136,000 $136,000 $136,000 Training Fees $104,000 $104,000 $104,000 TOTAL PUBLIC FUNDS $6,570,487 $6,570,487 $6,570,487 Statewide Changes 420.1 WC, GTA, and GBA State General Funds $983 $983 $983 Board Administration Appropriation (HB1026) The purpose is to provide superior access to the Georgia Workers' Compensation program for injured workers and 1284 JOURNAL OF THE HOUSE employers in a manner that is sensitive, responsive, and effective. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Training Fees TOTAL PUBLIC FUNDS $6,331,470 $6,331,470 $240,000 $240,000 $136,000 $104,000 $6,571,470 $6,331,470 $6,331,470 $240,000 $240,000 $136,000 $104,000 $6,571,470 $6,331,470 $6,331,470 $240,000 $240,000 $136,000 $104,000 $6,571,470 Section 49: General Obligation Debt Sinking Fund TOTAL STATE FUNDS State Motor Fuel Taxes State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State Motor Fuel Taxes State General Funds TOTAL PUBLIC FUNDS Section Total (HB85) $935,015,180 $935,015,180 $185,620,000 $185,620,000 $749,395,180 $749,395,180 $935,015,180 $935,015,180 Final Section Totals $988,051,386 $995,617,506 $192,385,000 $192,385,000 $795,666,386 $803,232,506 $988,051,386 $995,617,506 $935,015,180 $185,620,000 $749,395,180 $935,015,180 $1,001,367,041 $192,385,000 $808,982,041 $1,004,967,041 421. General Obligation Debt Sinking Fund - New Appropriation (HB85) TOTAL STATE FUNDS $80,817,429 $80,817,429 $80,817,429 State Motor Fuel Taxes $30,620,000 $30,620,000 $30,620,000 State General Funds $50,197,429 $50,197,429 $50,197,429 TOTAL PUBLIC FUNDS $80,817,429 $80,817,429 $80,817,429 Changes in Operations / Administration 421.1 Transfer SFY2006 debt service for new bonds to Issued or Authorized Under Previous Appropriations Acts programs. State Motor Fuel Taxes ($30,620,000) State General Funds ($50,197,429) TOTAL PUBLIC FUNDS ($80,817,429) THURSDAY, FEBRUARY 16, 2006 1285 Economic Development Transportation, Department of 421.10 Fast Forward: $0 in principal for 20 years at 9.000%: Increase Motor Fuel Tax Funds to fund the highest annual debt service required to issue $300,000,000 in authorized general obligation bonds using variable-rate interest. From State Motor Fuel Taxes, $0 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 $0 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State Motor Fuel Taxes $6,765,000 $6,765,000 $0 Environmental Facilities Authority, Georgia 421.11 Local Government Infrastructure: $6,500,000 in principal for 20 years at 5.500%: Per HB85, Bond # 76 of the $10,000,000 not yet sold. From State General Funds, $546,000 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$6,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $546,000 Transportation, Department of 421.12 Fast Forward: $300,000,000 in principal for 20 years at 9.000%: Per HB85, Bond # 47 adjust debt service to be variable. From State Motor Fuel Taxes, $32,865,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $300,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State Motor Fuel Taxes $32,865,000 Financing and Investment Commission, Georgia State 421.13 Economic Development: $75,000,000 in principal for 20 years at 5.750%: Economic Development From State General Funds, $6,407,251 is specifically appropriated for the purpose of financing projects and facilities for the Georgia State Financing and Investment Commission by means of the acquisition, construction, development, 1286 JOURNAL OF THE HOUSE extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $75,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $6,407,251 Education Education, Department of 421.20 K - 12 Education: $0 in principal for 10 years at 4.750%: Purchase school buses. (H:$50,000,000)(S:0) From State General Funds, $0 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than$0 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months. State General Funds $6,400,000 $0 Higher Education University System of Georgia 421.14 North Georgia College and State University: $18,441,000 in principal for 20 years at 5.500%: Library/Technology Center. From State General Funds, $1,549,044 is specifically appropriated for the purpose of financing projects and facilities for the North Georgia College and State University, 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 $18,441,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,549,044 University System of Georgia 421.22 East Central Georgia Regional Public Library: $0 in principal for 20 years at 5.750%: Headquarters Library Richmond County (H:$2,00,000)(S:0) From State General Funds, $0 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the East Central Georgia Regional Public Library, for that library, through the issuance of not more than$0 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $170,860 $0 THURSDAY, FEBRUARY 16, 2006 1287 University System of Georgia 421.23 Forsyth County Public Library: $0 in principal for 20 years at 5.750%: Post Road Branch Library Forsyth County (H:$2,000,000)(S:0) From State General Funds, $0 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Forsyth County Public Library, for that library, through the issuance of not more than$0 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $170,860 $0 University System of Georgia 421.24 Gwinnett County Public Library: $0 in principal for 20 years at 5.750%: Hamilton Mill Branch Library Gwinnett County (H:$2,000,000)(S:0) From State General Funds, $0 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 Gwinnett County Public Library, for that library, through the issuance of not more than$0 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $170,860 $0 University System of Georgia 421.30 Georgia Institute of Technology: $0 in principal for 20 years at 5.750%: Civil Engineering Building renovation. (H:$5,000,000)(S:0) From State General Funds, $0 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Institute of Technology, 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 $0 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $427,150 $0 University System of Georgia 421.31 Georgia Institute of Technology: $5,000,000 in principal for 5 years at 4.500%: Research equipment for the National Center of Cancer Nanotechnology Excellence. From State General Funds, $1,140,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Institute of Technology, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment 1288 JOURNAL OF THE HOUSE or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,140,000 University System of Georgia 421.32 Georgia College and State University: $9,112,500 in principal for 20 years at 5.750%: Parks Nursing/Health Science renovation. From State General Funds, $778,481 is specifically appropriated for the purpose of financing projects and facilities for the Georgia College and State University, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,112,500 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $778,481 University System of Georgia 421.33 State University of West Georgia: $24,264,000 in principal for 20 years at 5.750%: Health, wellness and lifelong learning center. From State General Funds, $2,072,874 is specifically appropriated for the purpose of financing projects and facilities for the State University of West Georgia, 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 $24,264,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,072,874 University System of Georgia 421.40 Hall County Public Library: $2,000,000 in principal for 20 years at 5.750%: Hall County Public Library From State General Funds, $170,860 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$2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $170,860 $170,860 THURSDAY, FEBRUARY 16, 2006 1289 University System of Georgia 421.41 West Georgia Regional Public Library: $0 in principal for 20 years at 5.750%: Epheaus Public Library Heard County (H:$2,000,000)(S:0) From State General Funds, $0 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 West Georgia Regional Public Library, for that library, through the issuance of not more than$0 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $55,530 $0 University System of Georgia 421.45 Live Oak Public Libraries: $2,000,000 in principal for 20 years at 5.750%: Chatham County From State General Funds, $170,860 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 Live Oak Public Libraries, 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 240 months. State General Funds $170,860 Total Debt Service 10 Year at 4.750% State General Funds $6,400,000 20 Year at 5.500% State General Funds $2,095,044 20 Year at 5.750% State General Funds $1,166,120 $9,600,326 20 Year at 9.000% State Motor Fuel Taxes $32,865,000 5 Year at 4.500% State General Funds $1,140,000 Total Debt Service State Motor Fuel Taxes $32,865,000 State General Funds $7,566,120 $12,835,370 Total Principal Amount 10 Year at 4.750% 1290 JOURNAL OF THE HOUSE State General Funds 20 Year at 5.500% State General Funds 20 Year at 5.750% State General Funds 20 Year at 9.000% State Motor Fuel Taxes 5 Year at 4.500% State General Funds Total Principal State Motor Fuel Taxes State General Funds General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State Motor Fuel Taxes State General Funds TOTAL PUBLIC FUNDS $50,000,000 $24,941,000 $13,650,000 $112,376,500 $300,000,000 $5,000,000 $300,000,000 $63,650,000 $142,317,500 Appropriation (HB1026) $87,582,429 $95,148,549 $45,700,370 $37,385,000 $37,385,000 $32,865,000 $50,197,429 $57,763,549 $12,835,370 $87,582,429 $95,148,549 $45,700,370 422. General Obligation Debt Sinking Fund - New: Appropriation (HB85) Authorized Under Previous Appropriations Acts TOTAL STATE FUNDS $104,606,858 $104,606,858 $104,606,858 State General Funds $104,606,858 $104,606,858 $104,606,858 TOTAL PUBLIC FUNDS $104,606,858 $104,606,858 $104,606,858 Changes in Operations / Administration 422.1 Transfer from General Obligation Debt Sinking Fund - New: Authorized Under Previous Appropriations Act program to General Obligation Debt Sinking Fund (Issued) program. State General Funds ($104,606,858) ($104,606,858) ($53,592,390) Criminal Justice Defense, Department of 422.2 National Guard Armories: $1,805,000 in principal for 20 years at 5.500%: Per HB85, Bond # 63. From State General Funds, $151,620 is specifically appropriated for the purpose of financing projects and facilities THURSDAY, FEBRUARY 16, 2006 1291 for the Department of Defense by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,805,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $151,620 Economic Development Ports Authority, Georgia 422.3 Ports Authority: $26,500,000 in principal for 20 years at 5.500%: Per HB85, Bond # 39. From State General Funds, $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 240 months. State General Funds $2,226,000 Ports Authority, Georgia 422.4 Ports Authority: $7,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 40. From State General Funds, $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 240 months. State General Funds $588,000 Ports Authority, Georgia 422.5 Ports Authority: $14,625,000 in principal for 20 years at 5.500%: Per HB85, Bond # 41. From State General Funds, $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 maturities not in excess of 240 months. State General Funds $1,228,500 Ports Authority, Georgia 1292 JOURNAL OF THE HOUSE 422.6 Ports Authority: $2,500,000 in principal for 5 years at 3.500%: Per HB85, Bond # 43. From State General Funds, $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 60 months. State General Funds $552,500 Ports Authority, Georgia 422.7 Ports Authority: $5,320,000 in principal for 20 years at 5.500%: Per HB85, Bond # 44. From State General Funds, $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 240 months. State General Funds $446,880 Transportation, Department of 422.8 Fast Forward: $83,800,000 in principal for 20 years at 5.500%: Per HB85, Bond # 45. From State General Funds, $7,039,200 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 $83,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $7,039,200 Transportation, Department of 422.9 Fast Forward: $20,000,000 in principal for 5 years at 4.200%: Per HB85, Bond # 48. From State Motor Fuel Taxes, $4,520,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State Motor Fuel Taxes $4,520,000 THURSDAY, FEBRUARY 16, 2006 1293 Economic Development, Department of 422.10 Columbus Trade Center: $11,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 78. From State General Funds, $924,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Economic Development by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 240 months. State General Funds $924,000 Environmental Facilities Authority, Georgia 422.18 Local Government Infrastructure: $22,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 76. From State General Funds, $1,848,000 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$22,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,848,000 Environmental Facilities Authority, Georgia 422.31 Local Government Infrastructure: $2,000,000 in principal for 20 years at 5.500%: Per HB 85, Bond #66. From State General Funds, $168,000 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$2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $168,000 Education Education, Department of 422.11 K - 12 Education: $9,815,000 in principal for 5 years at 3.500%: Per HB85, Bond # 69. From State General Funds, $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 ( Department 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 60 months. State General Funds $2,169,115 Education, Department of 1294 JOURNAL OF THE HOUSE 422.12 K - 12 Education: $33,265,000 in principal for 20 years at 5.500%: Per HB85, Bond # 72. From State General Funds, $2,794,260 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than$33,265,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,794,260 Education, Department of 422.13 K - 12 Education: $43,215,000 in principal for 20 years at 5.500%: Per HB85, Bond # 73. From State General Funds, $3,630,060 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than$43,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $3,630,060 Education, Department of 422.14 K - 12 Education: $3,970,000 in principal for 20 years at 5.500%: Per HB85, Bond # 74. From State General Funds, $333,480 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than$3,970,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $333,480 Education, Department of 422.15 K - 12 Education: $3,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 74. From State General Funds, $252,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than$3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $252,000 Education, Department of 422.16 K - 12 Education: $6,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 75 From State General Funds, $504,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the THURSDAY, FEBRUARY 16, 2006 1295 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 240 months. State General Funds $504,000 Education, Department of 422.17 K - 12 Education: $1,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 75. From State General Funds, $84,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than$1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $84,000 Higher Education University System of Georgia 422.19 Georgia College and State University: $500 in principal for 20 years at 5.500%: Per HB85, Bond #3 Design residual amount. From State General Funds, $42 is specifically appropriated for the purpose of financing projects and facilities for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $42 University System of Georgia 422.20 Georgia Perimeter College: $800,000 in principal for 5 years at 3.500%: Per HB85, Bond # 8. From State General Funds, $176,800 is specifically appropriated for the purpose of financing projects and facilities for 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 $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $176,800 University System of Georgia 422.21 University of Georgia: $6,500,000 in principal for 20 years at 5.500%: Per HB85, Bond # 10. From State General Funds, $546,000 is specifically appropriated for the purpose of financing projects and facilities 1296 JOURNAL OF THE HOUSE for 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 $6,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $546,000 University System of Georgia 422.22 Medical College of Georgia: $4,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 15. From State General Funds, $336,000 is specifically appropriated for the purpose of financing projects and facilities for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $336,000 University System of Georgia 422.23 Georgia Gwinnett College: $5,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 17. From State General Funds, $420,000 is specifically appropriated for the purpose of financing projects and facilities for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $420,000 University System of Georgia 422.24 Henry County McDonough Public Library: $1,035,000 in principal for 20 years at 5.500%: Per HB85, Bond # 22. From State General Funds, $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 University System of Georgia 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 240 months. State General Funds $86,940 University System of Georgia 422.25 Auburn Public Library: $810,000 in principal for 20 years at 5.500%: Per HB85, Bond # 23. From State General Funds, $68,040 is specifically appropriated to the Board of Regents of the University System of THURSDAY, FEBRUARY 16, 2006 1297 Georgia to provide public library facilities by grant to the governing board of the University System of Georgia 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 240 months. State General Funds $68,040 University System of Georgia 422.26 Tifton-Tift County Public Library: $1,765,000 in principal for 20 years at 5.500%: Per HB85, Bond # 24. From State General Funds, $148,260 is specifically appropriated for the purpose of financing projects and facilities for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,765,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $148,260 University System of Georgia 422.27 Gilmer County Public Library: $2,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 25. From State General Funds, $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 University System of Georgia 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 240 months. State General Funds $168,000 University System of Georgia 422.28 Tyrone Public Library: $1,270,000 in principal for 20 years at 5.500%: Per HB85, Bond # 27. From State General Funds, $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 University System of Georgia 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 240 months. State General Funds $106,680 Technical and Adult Education, Department of 422.29 Appalachian Technical College: $1,200,000 in principal for 20 years at 5.500%: Per HB85, Bond # 30. From State General Funds, $100,800 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 1298 JOURNAL OF THE HOUSE 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 240 months. State General Funds $100,800 Technical and Adult Education, Department of 422.30 Southeastern Technical College: $1,440,000 in principal for 20 years at 5.500%: Per HB85, Bond # 35. From State General Funds, $120,960 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,440,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $120,960 Total Debt Service 20 Year at 5.500% State General Funds $24,319,722 5 Year at 3.500% State General Funds $2,898,415 5 Year at 4.200% State Motor Fuel Taxes $4,520,000 Total Debt Service State Motor Fuel Taxes $4,520,000 State General Funds $27,218,137 Total Principal Amount 20 Year at 5.500% State General Funds $289,520,500 5 Year at 3.500% State General Funds $13,115,000 5 Year at 4.200% State Motor Fuel Taxes $20,000,000 Total Principal State Motor Fuel Taxes $20,000,000 State General Funds $302,635,500 THURSDAY, FEBRUARY 16, 2006 1299 General Obligation Debt Sinking Fund - New: Authorized Under Previous Appropriations Acts TOTAL STATE FUNDS State Motor Fuel Taxes State General Funds TOTAL PUBLIC FUNDS Appropriation (HB1026) $82,752,605 $4,520,000 $78,232,605 $82,752,605 423. General Obligation Debt Sinking Fund - Issued Appropriation (HB85) TOTAL STATE FUNDS $749,590,893 $749,590,893 $749,590,893 State Motor Fuel Taxes $155,000,000 $155,000,000 $155,000,000 State General Funds $594,590,893 $594,590,893 $594,590,893 TOTAL PUBLIC FUNDS $749,590,893 $749,590,893 $749,590,893 Changes in Operations / Administration 423.1 Transfer from General Obligation Debt Sinking Fund - New: Authorized Under Previous Appropriations Act program to General Obligation Debt Sinking Fund (Issued) program. State General Funds $104,606,858 $104,606,858 $53,592,390 Changes in the Size of the Program 423.2 Reduce debt service to reflect an interest rate adjustment from 4.2% to 4.5% for 5-year bonds and from 5.85% to 5.75% for 20 year bonds. State General Funds ($630,682) ($630,682) ($630,682) 423.3 Provide state funds to pre-fund debt service obligations due in FY 2007. State General Funds $46,901,888 $46,901,888 $51,822,173 Criminal Justice Juvenile Justice, Department of 423.4 Youth Development Campus: $2,840,000 in principal for 5 years at 3.500%: Per HB85, Bond # 49. From State General Funds, $627,640 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,840,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $627,640 1300 JOURNAL OF THE HOUSE Corrections, Department of 423.5 GDC multi-projects: $1,045,000 in principal for 5 years at 3.500%: Per HB85, Bond # 58. From State General Funds, $230,945 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,045,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $230,945 Corrections, Department of 423.6 GDC multi-projects: $2,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 59. From State General Funds, $168,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $168,000 Corrections, Department of 423.7 GDC multi-projects: $20,505,000 in principal for 20 years at 5.500%: Per HB85, Bond # 60. From State General Funds, $1,722,420 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 $20,505,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,722,420 Corrections, Department of 423.8 GDC multi-projects: $4,550,000 in principal for 20 years at 5.500%: Per HB85, Bond # 61. From State General Funds, $382,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. THURSDAY, FEBRUARY 16, 2006 1301 State General Funds $382,200 Corrections, Department of 423.9 Security for Prisons: $3,745,000 in principal for 20 years at 5.500%: Per HB85, Bond # 62. From State General Funds, $314,580 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,745,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $314,580 Public Safety, Department of 423.10 Public Safety Training Center: $890,000 in principal for 5 years at 3.500%: Per HB85, Bond # 64. From State General Funds, $196,690 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Safety by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $890,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $196,690 Investigation, Georgia Bureau of 423.11 GBI Regional Crime Scene Laboratories: $340,000 in principal for 5 years at 3.500%: Per HB85, Bond # 65. From State General Funds, $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 60 months. State General Funds $75,140 Economic Development Ports Authority, Georgia 423.12 Ports Authority: $2,215,000 in principal for 5 years at 3.500%: Per HB85, Bond # 42. From State General Funds, $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, 1302 JOURNAL OF THE HOUSE 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 60 months. State General Funds $489,515 Transportation, Department of 423.13 Roads and Bridges: $6,470,000 in principal for 20 years at 5.500%: Per HB85, Bond # 46. From State General Funds, $543,480 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 $6,470,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $543,480 Environmental Facilities Authority, Georgia 423.21 Local Government Infrastructure: $20,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 76. From State General Funds, $1,680,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than$20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,680,000 Environmental Facilities Authority, Georgia 423.22 Local Government Infrastructure: $1,500,000 in principal for 20 years at 5.500%: Per HB85, Bond #66. From State General Funds, $126,000 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$1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $126,000 Education Education, Department of 423.14 K - 12 Education: $6,200,000 in principal for 20 years at 5.500%: Per HB85, Bond # 70. From State General Funds, $520,800 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than$6,200,000 in principal amount of General Obligation Debt, the instruments of which shall have THURSDAY, FEBRUARY 16, 2006 1303 maturities not in excess of 240 months. State General Funds $520,800 Education, Department of 423.15 K - 12 Education: $215,000 in principal for 20 years at 5.500%: Per HB85, Bond # 71. From State General Funds, $18,060 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than$215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $18,060 Education, Department of 423.16 K - 12 Education: $5,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 72. From State General Funds, $420,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than$5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $420,000 Education, Department of 423.17 K - 12 Education: $20,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 73. From State General Funds, $1,680,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than$20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,680,000 Education, Department of 423.18 K - 12 Education: $500,000 in principal for 20 years at 5.500%: Per HB85, Bond # 74. From State General Funds, $42,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than$500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $42,000 1304 JOURNAL OF THE HOUSE Education, Department of 423.19 K - 12 Education: $1,670,000 in principal for 20 years at 5.500%: Per HB85, Bond # 75. From State General Funds, $140,280 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than$1,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $140,280 Fiscal Management Revenue, Department of 423.20 Tax System: $3,000,000 in principal for 5 years at 3.500%: Per HB85, Bond # 68. From State General Funds, $663,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Revenue by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $663,000 Building Authority, Georgia 423.23 Legislative Office Building: $1,460,000 in principal for 5 years at 3.500%: Per HB85, Bond # 67. From State General Funds, $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 maturities not in excess of 60 months. State General Funds $322,660 Human Development Veterans Service, Department of 423.24 Georgia War Veterans Nursing Home, Milledgeville: $140,000 in principal for 5 years at 3.500%: Per HB85, Bond # 50. From State General Funds, $30,940 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, THURSDAY, FEBRUARY 16, 2006 1305 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 60 months. State General Funds $30,940 Veterans Service, Department of 423.25 Georgia War Veterans Nursing Home, Milledgeville: $70,000 in principal for 5 years at 3.500%: Per HB85, Bond # 51. From State General Funds, $15,470 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $70,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $15,470 Veterans Service, Department of 423.26 Georgia War Veterans Nursing Home, Milledgeville: $115,000 in principal for 5 years at 3.500%: Per HB85, Bond # 52. From State General Funds, $25,415 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $115,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $25,415 Veterans Service, Department of 423.27 Georgia War Veterans Nursing Home, Milledgeville: $40,000 in principal for 5 years at 3.500%: Per HB85, Bond # 53. From State General Funds, $8,840 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $40,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $8,840 1306 JOURNAL OF THE HOUSE Veterans Service, Department of 423.28 Georgia War Veterans Nursing Home, Milledgeville: $100,000 in principal for 5 years at 3.500%: Per HB85, Bond # 54. From State General Funds, $22,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $22,100 Veterans Service, Department of 423.29 Georgia War Veterans Nursing Home, Milledgeville: $80,000 in principal for 5 years at 3.500%: Per HB85, Bond # 55. From State General Funds, $17,680 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $80,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $17,680 Veterans Service, Department of 423.30 Georgia War Veterans Nursing Home, Milledgeville: $120,000 in principal for 5 years at 3.500%: Per HB85, Bond # 56. From State General Funds, $26,520 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $26,520 Veterans Service, Department of 423.31 Georgia War Veterans Nursing Home, Milledgeville: $90,000 in principal for 5 years at 3.500%: Per HB85, Bond # 57. From State General Funds, $19,890 is specifically appropriated for the purpose of financing projects and facilities for THURSDAY, FEBRUARY 16, 2006 1307 the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $90,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $19,890 Higher Education University System of Georgia 423.32 Regents: $50,630,000 in principal for 20 years at 5.500%: Per HB85, Bond # 1. From State General Funds, $4,252,920 is specifically appropriated for the purpose of financing projects and facilities for 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 $50,630,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $4,252,920 University System of Georgia 423.33 Georgia Institute of Technology: $5,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 2. From State General Funds, $420,000 is specifically appropriated for the purpose of financing projects and facilities for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $420,000 University System of Georgia 423.34 Georgia College and State University: $1,012,000 in principal for 20 years at 5.500%: Per HB85, Bond # 3. Design. From State General Funds, $85,008 is specifically appropriated for the purpose of financing projects and facilities for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,012,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $85,008 1308 JOURNAL OF THE HOUSE University System of Georgia 423.35 State University of West Georgia: $2,696,000 in principal for 20 years at 5.500%: Per HB85, Bond # 4. Design. From State General Funds, $226,464 is specifically appropriated for the purpose of financing projects and facilities for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,696,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $226,464 University System of Georgia 423.36 North Georgia College and State University: $2,049,000 in principal for 20 years at 5.500%: Per HB85, Bond # 5. Design. From State General Funds, $172,116 is specifically appropriated for the purpose of financing projects and facilities for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,049,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $172,116 University System of Georgia 423.37 Savannah State College: $1,266,000 in principal for 20 years at 5.500%: Per HB85, Bond # 6. Design. From State General Funds, $106,344 is specifically appropriated for the purpose of financing projects and facilities for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,266,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $106,344 University System of Georgia 423.38 Kennesaw State University: $1,575,000 in principal for 5 years at 3.500%: Per HB85, Bond #7 From State General Funds, $348,075 is specifically appropriated for the purpose of financing projects and facilities for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,575,000 in principal amount of THURSDAY, FEBRUARY 16, 2006 1309 General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $348,075 University System of Georgia 423.39 University of Georgia: $1,520,000 in principal for 5 years at 3.500%: Per HB85, Bond # 9. From State General Funds, $335,920 is specifically appropriated for the purpose of financing projects and facilities for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,520,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $335,920 University System of Georgia 423.40 Georgia Southern University: $5,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 11. From State General Funds, $420,000 is specifically appropriated for the purpose of financing projects and facilities for the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $420,000 Technical and Adult Education, Department of 423.41 Technical College Multi-Projects: $7,500,000 in principal for 5 years at 3.500%: Per HB85, Bond # 28. From State General Funds, $1,657,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,657,500 Technical and Adult Education, Department of 423.42 North Georgia Technical College: $635,000 in principal for 20 years at 5.500%: Per HB85, Bond # 29. From State General Funds, $53,340 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 1310 JOURNAL OF THE HOUSE 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 240 months. State General Funds $53,340 Technical and Adult Education, Department of 423.43 West Georgia Technical College: $6,400,000 in principal for 20 years at 5.500%: Per HB85, Bond # 32. From State General Funds, $537,600 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 $6,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $537,600 Technical and Adult Education, Department of 423.44 DeKalb Technical College: $23,965,000 in principal for 20 years at 5.500%: Per HB85, Bond # 34. From State General Funds, $2,013,060 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 $23,965,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,013,060 Natural Resources Natural Resources, Department of 423.45 Georgia National Fairgrounds and Agricenter: $3,045,000 in principal for 20 years at 5.500%: Per HB85, Bond # 36. From State General Funds, $255,780 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,045,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $255,780 Forestry Commission, State 423.46 Forestry Buildings: $2,900,000 in principal for 5 years at 3.500%: Per HB85, Bond # 37. THURSDAY, FEBRUARY 16, 2006 1311 From State General Funds, $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, 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 60 months. State General Funds $640,900 Forestry Commission, State 423.47 Forestry Buildings: $1,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 38. From State General Funds, $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 240 months. State General Funds $84,000 Total Debt Service 20 Year at 5.500% State General Funds $16,384,452 5 Year at 3.500% State General Funds $5,754,840 Total Debt Service State General Funds $22,139,292 Total Principal Amount 20 Year at 5.500% State General Funds $195,053,000 5 Year at 3.500% State General Funds $26,040,000 Total Principal State General Funds $221,093,000 General Obligation Debt Sinking Fund - Issued Appropriation (HB1026) TOTAL STATE FUNDS $900,468,957 $900,468,957 $872,914,066 State Motor Fuel Taxes $155,000,000 $155,000,000 $155,000,000 1312 JOURNAL OF THE HOUSE State General Funds TOTAL PUBLIC FUNDS $745,468,957 $900,468,957 $745,468,957 $900,468,957 $717,914,066 $876,514,066 Section 50. General Obligation Bonds Repealed, Revised, or Reinstated 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. 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 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, THURSDAY, FEBRUARY 16, 2006 1313 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." 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. "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 1314 JOURNAL OF THE HOUSE 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)," $1,305,000 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." 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." THURSDAY, FEBRUARY 16, 2006 1315 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, the instruments of which shall have maturities not in excess of two hundred and forty months. The following paragraph of the General Appropriations Act for state fiscal year 2004-2005 (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. 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 51: Flex 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 1316 JOURNAL OF THE HOUSE 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 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 52: Federal Funds 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 receding 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. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 53: Local Assistance Grants Previously Authorized LAG# 1 To provide funding to the City of Milledgeville for the Silver Haired Legislature $5,000 THURSDAY, FEBRUARY 16, 2006 1317 LAG# 2 To provide funding to the City of Columbus for the Civil War Naval Museum $30,000 LAG# 3 To provide funding for emergency generator for the water system in Crawford County $25,000 LAG# 4 To provide funding to Pike County to join city and county systems at HWY 341 waterline for economic development business park $300,000 LAG# 5 To provide funding to City of Lula for sewage treatment systems upgrade $125,000 LAG# 6 To provide funding to the City of Gainesville to renovate city storm drain $100,000 LAG# 7 To provide park and renovation funding in the City of St. Simons $155,500 LAG# 8 To provide funding for services for master development plan in Fannin County $50,000 LAG# 9 To provide funding to the City of Chickamauga for expansion to the public library $100,000 LAG# 10 To provide funding to the City of Harlem for Phase II of the sewer and waste pond repair $138,000 LAG# 11 To provide funding for site work development in Columbia County Industrial Park $140,566 LAG# 12 To provide funding to Columbia County library for technology improvements $300,000 LAG# 13 To provide funding to Autrey Mill for historical restoration in Fulton County $250,000 LAG# 14 To provide funding for services to the Official Transportation Museum in Duluth $350,000 LAG# 15 To provide funding for services for the Gwinnett County Neighborhood Leadership Institute $35,000 LAG# 16 To provide funding for engineering study plan for the Old Coweta County Courthouse $35,000 LAG# 17 To provide funds for a match to Hall County for the Phase II Economic Development project $100,000 LAG# 18 To provide funding for services in White County for the Appalachian Community Enterprises non profit small business incubator $50,000 LAG# 19 To provide funding for partial roof replacement for Historic Oconee County Arts Foundation $15,000 LAG# 20 To provide funding for services in Warner Robbins for the Museum of Aviation $35,000 LAG# 21 To provide funding for park renovations at Lake Tobosotkee in Bibb County $50,000 LAG# 22 To provide funding for Hancock County for warehouse expansion at Saint Gobain $150,000 LAG# 23 To provide funding to Dodge County for the Heart of Georgia Airport Authority $7,500 LAG# 24 To provide funding for services for the City of Newnan for Economic Development $20,000 LAG# 25 To provide funding to the City of Savannah for Battlefield Park youth facility construction $30,000 LAG# 26 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.$125,000 LAG# 27 To provide funding for improvements to the Loganville High School facility in Gwinnett County $50,000 LAG#28 To provide funding for services to Forest Hills Elementary Community Coalition in Dekalb County $15,000 LAG# 29 To provide funding for restoration of the Old School Auditorium for Lanier County $50,000 1318 JOURNAL OF THE HOUSE LAG# 30 To provide funding for services to the City of Atlanta for Intergenerational Resource Center $25,000 LAG# 31 To provide funds for a match to the City of Byromville for Vienna Elementary after school program $2,000 LAG# 32 To provide funding for the Oglethorpe County Agriculture Education Center Human Services $50,000 LAG# 33 To provide funding to Northeast Cobb County to expand senior center facility $272,000 LAG# 34 To provide funding to refurbish Live Oak Child Emergency Shelter in Carroll County $50,000 LAG# 35 To provide funds to Hall County for Health Access indigent care initiative $50,000 LAG# 36 To provide funding to the City of Tennille for renovations to the Police Department $35,000 LAG# 37 To provide funding for firehouse expansion in the City of Avery $20,000 LAG# 38 To provide funding for the City of Damascus for firehouse renovations $25,000 LAG# 39 To provide funding for services for Our House in Polk County $25,000 LAG# 40 To provide funding for the Boys and Girls Club in Polk County $25,000 LAG# 41 To provide funding for services to Warner Robbins for the Senior Citizen Center $15,000 LAG# 42 To provide funding to Houston County for assisting Drug Action Council $15,000 LAG# 43 To provide funding to Emanuel County Volunteer Fire Department for equipment $11,000 LAG# 44 To provide funding to Candler County Volunteer Fire Department for equipment $10,000 LAG# 45 To provide funding to Johnson County Volunteer Fire Department for equipment $10,000 LAG# 46 To provide funding to Upson County for construction and start up costs for Harbor House $100,000 LAG# 47 To provide funding for Mitchell County Fire Department $24,500 LAG# 48 To provide funding to the City of Savannah for the Association of the Blind $15,000 LAG# 49 To provide funding to the City of Savannah for the Cardiovascular Center $15,000 LAG# 50 To provide funding to the Augusta Burn Center for indigent care $250,000 Section 54: Pay Raise 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. THURSDAY, FEBRUARY 16, 2006 1319 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 45-7-4(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. 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 55: Leases 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 1320 JOURNAL OF THE HOUSE satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 56. Refunds In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. Section 57: Budgetary Control and Interpretation The provisions in this paragraph may be known collectively as "Budgetary Control and Interpretation". The appropriations in this Act consist of the amount stated in the right-most column, for each line of State Funds and each line of Federal Funds, in each case as associated with the statement of Program Name and Program Purpose. The block of text for each program begins with a numbered line stating the Program Name, followed by "Appropriation (HB1026)." The Program Purpose is stated immediately below the Program Name in italics. Text in a line beginning with a decimal number is not part of a statement of purpose and is for information only. For the section titled the "General Obligation Debt Sinking Fund," the authorizing paragraphs state the debt purpose authorized in general or specific terms, and the lines beginning with a decimal number are for informational purposes only. The "Flex" language in Section 17 (Medicaid) and Section 51 is intended to amend statements of amount in appropriations except bond authorizations. Sections 50 through 56 are intended to constitute appropriations (Sections 53 through 56) or modify appropriations (Sections 50 through 52). Section 58: Effective Date and Repeal Conflicting Laws This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. All laws and parts of laws in conflict with this act are repealed. THURSDAY, FEBRUARY 16, 2006 1321 Representative Harbin of the 118th moved that the House disagree to the Senate substitute to HB 1026. The motion prevailed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate insists on its substitute to the following bill of the House: HB 1026. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006, known as the "General Appropriations Act," approved May 10, 2005 (Ga. L. 2005, p. 1319). The following Resolution of the House was read and referred to the Committee on Rules: HR 1434. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION congratulating Mr. Vincent Hancock on being named skeet world champion at the World Shotgun Championships and inviting him to appear before the House of Representatives; and for other purposes. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, FEBRUARY 16, 2006 Mr. Speaker and Members of the House: Your Committee on Rules has met and submits the following supplemental to the calendar already adopted this February 16, 2006, by adding the following: DEBATE CALENDAR SB 390 Classrooms First for Georgia Act; require local schools to spend minimum operating funds on direct classrooms expenditures 1322 JOURNAL OF THE HOUSE 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 Bill of the Senate was taken up for consideration and read the third time: SB 390. By Senators Chance of the 16th, Moody of the 56th, Carter of the 13th, Unterman of the 45th, Staton of the 18th and others: A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing for quality basic education, so as to require local school systems to spend a minimum amount of operating funds on direct classroom expenditures; to provide a short title; to provide for definitions; to provide for incremental compliance; to provide for a one-year waiver to compliance; to provide for sanctions for noncompliance; to provide for the submission of budget and expenditure information; to provide for rules and regulations; to change certain provisions relating to expenditure controls for fiscal years 2007 and 2008; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing for quality basic education, so as to require local school systems to spend a minimum amount of operating funds on direct classroom expenditures; to provide a short title; to provide for definitions; to provide for incremental compliance; to provide for waivers; to provide for sanctions for noncompliance; to provide for the submission of budget and expenditure information; to provide for rules and regulations; to change certain provisions relating to expenditure controls for fiscal years 2007 and 2008; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Classrooms First for Georgia Act." THURSDAY, FEBRUARY 16, 2006 1323 SECTION 2. Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing for quality basic education, is amended by inserting at the end of such part new Code sections to read as follows: "20-2-171. (a) For purposes of this Code section, the term: (1) 'Direct classroom expenditures' means all expenditures by a local school system during a fiscal year for activities directly associated with the interaction between teachers and students, including, but not limited to, salaries and benefits for teachers and paraprofessionals; costs for instructional materials and supplies; costs associated with classroom related activities, such as field trips, physical education, music, and arts; and tuition paid to out-of-state school districts and private institutions for special needs students. This term shall not include costs for administration, plant operations and maintenance, food services, transportation, instructional support including media centers, teacher training, and student support such as nurses and guidance counselors. (2) 'Total operating expenditures' means all operating expenditures by a local school system during a fiscal year, including expenditures from federal, state, and local funds and from any other funds received by a local school system, such as student activity fees. This term shall not include capital outlay expenditures, debt or bond payments, interest on debt or bonds, facility leases, or rental payments. This term shall also not include any costs which are incurred by a local school system to comply with any mandate by statute or by the Georgia Department of Education effective on or after January 1, 2006 to add specific non-classroom staff positions. (b) Beginning with fiscal year 2008: (1) Each local school system shall spend a minimum of 65 percent of its total operating expenditures on direct classroom expenditures, except as otherwise provided in this subsection; (2) For any fiscal year in which a local school system has direct classroom expenditures that are less than 65 percent of its total operating expenditures, the local school system shall be required to increase its direct classroom expenditures by a minimum of 2 percent per fiscal year as a percentage of total operating expenditures, beginning in the subsequent fiscal year and each fiscal year thereafter, until it reaches 65 percent. For fiscal year 2008, the baseline year from which the required increase will be determined shall be based on expenditure data from fiscal year 2007; (3) A local school system that has direct classroom expenditures that are less than 65 percent of its total operating expenditures and that is unable to meet the expenditure requirements in paragraph (2) of this subsection may apply to the State Board of Education for a one-year renewable achievement waiver. The waiver request must include evidence that the local school system is exceeding the state averages in academic categories designated by the board, which may include, but not be limited to, criterion-referenced competency tests, the Georgia High School Graduation Test, and the SAT, a plan for obtaining compliance with this Code section, and any other information required at the discretion of the board; and 1324 JOURNAL OF THE HOUSE (4) A local school system that has direct classroom expenditures that are less than 65 percent of its total operating expenditures and that is unable to meet the expenditure requirements in paragraph (2) of this subsection may apply to the State Board of Education for a one-year renewable hardship waiver. Waivers granted pursuant to this paragraph shall be limited to extreme situations in which such situation is solely responsible for the local school system's inability to meet the expenditure requirements. Such situations may include, but are not limited to, Acts of God and inordinate unexpected increases in energy and fuel costs. The waiver request must include revenue and expenditure reports and specific details providing compelling evidence as to the impact that the intervening extreme situation had on the local school system's ability to comply with expenditure requirements and any other information required at the discretion of the board. (c) The State Board of Education shall have the authority to impose sanctions against a local school system that fails to comply with the provisions of this Code section or any rules and regulations promulgated pursuant to subsection (e) of this Code section. Such sanctions shall be at the discretion of the board and may include, but not be limited to, requiring the local school system to devise and implement a plan to meet the expenditure requirements of this Code section in the subsequent fiscal year or withholding all or any portion of state funds in accordance with Code Section 20-2-243. (d) The State Board of Education shall be authorized to require the submission of budget information and expenditure data from local school systems for the purposes of verifying compliance with this Code section. (e) The State Board of Education shall be authorized to promulgate rules and regulations to implement the provisions of this Code section. 20-2-172. (a) For the purposes of fiscal years 2007 and 2008 only, the following change to Code Section 20-2-167 shall apply: 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. (b) This Code section shall be automatically repealed on July 1, 2008." SECTION 3. This Act shall become effective July 1, 2006. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. THURSDAY, FEBRUARY 16, 2006 1325 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 N Barnes Y Bearden N Beasley-Teague N Benfield Y Benton N Black N Bordeaux N Borders Y Bridges N Brooks Y Brown N Bruce N Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford N Cummings Y Davis Y Day N Dean Y Dickson Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T N Greene N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E 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 E Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills E Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter 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 E Setzler N Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner E Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker E Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 102, nays 70. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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 1200 Do Pass 1326 JOURNAL OF THE HOUSE The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1200. By Representatives Martin of the 47th, Burkhalter of the 50th and Jones of the 46th: A RESOLUTION commending the Milton High School Girls Lacrosse Team on their 2005 state championship and inviting the team and its coach to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the House were taken up for consideration and read the third time: HB 57. By Representatives Ralston of the 7th and Powell of the 29th: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to protect physicians and medical professionals involved in state ordered executions from challenges to their licensure solely on the basis of their participation in such executions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to protect physicians and medical professionals involved in state ordered executions from challenges to their licensure solely on the basis of their participation in such executions; to provide for related matters; to provide for an effective date 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 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, is amended by adding a new Code section following Code Section 17-10-42 to be designated Code Section 17-10-42.1 to read as follows: "17-10-42.1. THURSDAY, FEBRUARY 16, 2006 1327 Participation in any execution of any convicted person carried out under this article shall not be the subject of any licensure challenge, suspension, or revocation for any physician or medical professional licensed in the State of Georgia." SECTION 2. This Act shall become effective on July 1, 2006, and shall apply to executions carried out on or after July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. 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 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 Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson 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 Y Heckstall Y Hembree Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Lord Y Loudermilk Y Lucas E Lunsford Y Maddox Y Mangham Y Martin Y Maxwell E May Y McCall E McClinton Y Meadows Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Porter Y Powell 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 E 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 E Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix 1328 JOURNAL OF THE HOUSE Y Cooper Y Cox Y Henson E Hill, C Y Manning Y Marin Y Royal Y Rynders Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 157, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Ehrhart of the 36th assumed the chair. HR 1175. By Representatives Amerson of the 9th, Stephens of the 164th, Houston of the 170th, Greene of the 149th and Crawford of the 127th: A RESOLUTION urging Georgia's state owned resorts and restaurants which serve wine to list the fine wines grown and produced by Georgia's licensed vineyards and wineries; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard 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 Y Byrd Y Carter Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Knox Lakly Y Lane, B Y Lane, R Martin Y Maxwell E May Y McCall E McClinton Y Meadows Y Millar Y Mills E Mitchell Morgan Y 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 Y Sailor Y Scheid Y Scott, A Y Scott, M E 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 E Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Thomas, B Y Tumlin Y Walker THURSDAY, FEBRUARY 16, 2006 1329 Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Greene Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson E Hill, C Y Lewis Y Lindsey Lord Y Loudermilk Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Warren Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 153, nays 2. The Resolution, having received the requisite constitutional majority, was adopted. The Speaker assumed the Chair. 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 1026. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006, known as the "General Appropriations Act," approved May 10, 2005 (Ga. L. 2005, p. 1319). Representative Harbin of the 118th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1026 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 Burkhalter of the 50th, Harbin of the 118th and Keen of the 179th. Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the House were taken up for consideration and read the third time: HR 1258. By Representatives Amerson of the 9th, Williams of the 4th, Reece of the 27th, Ralston of the 7th and Hembree of the 67th: 1330 JOURNAL OF THE HOUSE A RESOLUTION establishing the Appalachian Studies Center at North Georgia College and State University in Dahlonega as Georgia's official Appalachian Studies Center; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson 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 Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman, B Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell E May McCall E McClinton Y Meadows Y Millar Y Mills E 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 Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M E 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 E Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 157, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. THURSDAY, FEBRUARY 16, 2006 1331 HB 1151. By Representatives Cole of the 125th, Roberts of the 154th, Smith of the 129th and Golick of the 34th: A BILL to be entitled an Act to amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, so as to provide that the Board of Trustees of the Employees Retirement System of Georgia shall be the successor to the Employee Benefit Council for the purpose of administering certain deferred compensation plans; to provide for the transfer of certain accounts and funds; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield 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 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 Y Dickson Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell E May Y McCall E McClinton Y Meadows Y Millar Y Mills E Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M E Setzler Y 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 E Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Williams, R Y Wix Y Yates Richardson, Speaker 1332 JOURNAL OF THE HOUSE On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Smith of the 113th moved that the following Bill of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Rules: HB 1112. By Representatives Smith of the 113th, Holt of the 112th, Butler of the 18th and Byrd of the 20th: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to licensing of speech-language pathologists and audiologists; to provide an effective date; to repeal conflicting laws; and for other purposes. The motion prevailed. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Judiciary Non-Civil: HB 1044. By Representatives Cheokas of the 134th, Barnard of the 166th, Lane of the 158th, Lunsford of the 110th, Forster of the 3rd and others: A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide that part-time municipal and city court judges shall be treated as full-time judges for purposes of being exempt from certain state weapons requirements so that part-time judges shall be exempt in the same manner as full-time judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Resolutions of the House were read and adopted: HR 1436. By Representatives Maxwell of the 17th and Richardson of the 19th: A RESOLUTION commending Mrs. Virginia Galloway; and for other purposes. HR 1438. By Representatives Mangham of the 94th, Stephenson of the 92nd, Watson of the 91st, Brooks of the 63rd, Beasley-Teague of the 65th and others: THURSDAY, FEBRUARY 16, 2006 1333 A RESOLUTION commending Matthew Gregory; and for other purposes. HR 1439. By Representatives Henson of the 87th, Heard of the 104th, Benfield of the 85th, Watson of the 91st, Drenner of the 86th and others: A RESOLUTION commending David Foster, Director/Fire Chief of the DeKalb County Fire and Rescue Department; and for other purposes. HR 1440. By Representative Hembree of the 67th: A RESOLUTION commending Pam Walker, the 2005 Douglas County Teacher of the Year; and for other purposes. HR 1441. By Representative Sims of the 169th: A RESOLUTION commending Emily Ricketson, First Place winner in the fourth grade division of the Plains, Peanuts, and a President Post Card Contest; and for other purposes. HR 1442. By Representative Hembree of the 67th: A RESOLUTION commending Michael Joseph William Maw as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1443. By Representatives England of the 108th and Benton of the 31st: A RESOLUTION commending the Winder-Barrow Competitive Cheerleading Team; and for other purposes. HR 1444. By Representatives England of the 108th and Benton of the 31st: A RESOLUTION commending Taylor Kimbrough; and for other purposes. HR 1445. By Representatives Thomas of the 55th, Jones of the 44th, Williams of the 165th, Holmes of the 61st and Stanley-Turner of the 53rd: A RESOLUTION remembering and honoring the life of Ms. Stacy Lashun Ledbetter; commending the establishment of the Stacy Lashun Ledbetter Health Profession Magnet Scholarship Award; and for other purposes. HR 1446. By Representative Shaw of the 176th: 1334 JOURNAL OF THE HOUSE A RESOLUTION commending Ms. Carla Burns, Lanier County High School's Teacher of the Year; and for other purposes. HR 1447. By Representative Shaw of the 176th: A RESOLUTION commending Mr. David Abbott, Lanier County Middle School's Teacher of the Year; and for other purposes. HR 1448. By Representative Shaw of the 176th: A RESOLUTION commending Ms. Lanita Frost, Lanier County Teacher of the Year; and for other purposes. HR 1449. By Representative Shaw of the 176th: A RESOLUTION commending Ms. Lanita Frost, Lanier County Elementary School's Teacher of the Year; and for other purposes. HR 1450. By Representative Shaw of the 176th: A RESOLUTION commending former Clinch County High School baseball coach Cecil Barber on being inducted into the Georgia Dugout Hall of Fame; and for other purposes. HR 1451. By Representative Shaw of the 176th: A RESOLUTION commending Mrs. JoNan Holbrook on being awarded national certification by the National Board for Professional Teaching Standards; and for other purposes. HR 1452. By Representatives Floyd of the 147th and Rynders of the 152nd: A RESOLUTION recognizing Warwick as the Grits Capital of Georgia and commending and recommending the Warwick Grits Festival; and for other purposes. HR 1453. By Representatives Stephens of the 164th, Maddox of the 172nd, Mangham of the 94th, Jennings of the 82nd, Dukes of the 150th and others: A RESOLUTION commending Georgia's restaurant industry; and for other purposes. THURSDAY, FEBRUARY 16, 2006 1335 HR 1454. By Representatives Wilkinson of the 52nd, Geisinger of the 48th, Lindsey of the 54th and Willard of the 49th: A RESOLUTION recognizing and commending Ingrid Brunt and Jan Collins; and for other purposes. HR 1455. By Representatives Reece of the 11th, Richardson of the 19th, Cummings of the 16th, Smith of the 129th, McCall of the 30th and others: A RESOLUTION congratulating Mr. Ryan Jarrett on winning the AllAround Cowboy world title from the Professional Rodeo Cowboys Association; and for other purposes. HR 1456. By Representative Fludd of the 66th: A RESOLUTION recognizing and commending Mr. Marc Ellis and the South Fulton Business and Empowerment Center's "Out of the Box" youth financial literacy program; and for other purposes. HR 1457. By Representative Lakly of the 72nd: A RESOLUTION commending Edward and Anita E. Vaughan on the occasion of their fiftieth wedding anniversary; and for other purposes. HR 1458. By Representatives Lane of the 158th, Burns of the 157th, Richardson of the 19th, Harbin of the 118th, Barnard of the 166th and others: A RESOLUTION remembering and honoring the life of Mr. Billy Tillman; and for other purposes. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House: HB 1026. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006, known as the "General Appropriations Act," approved May 10, 2005 (Ga. L. 2005, p. 1319). 1336 JOURNAL OF THE HOUSE 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. Representative Coleman of the 97th assumed the chair. Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Tuesday, February 21, 2006, and the motion prevailed. Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Tuesday, February 21, 2006. TUESDAY, FEBRUARY 21, 2006 1337 Representative Hall, Atlanta, Georgia Tuesday, February 21, 2006 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 E Barnard Bearden Beasley-Teague Benton Black Borders Bridges Brooks Bruce Bryant Buckner, D Burkhalter Burmeister Burns Butler Byrd Carter Casas Chambers Cheokas Coan Cole Coleman, B E Coleman, T Cooper Cox Crawford Cummings Davis Dean Dickson Dodson Dollar Ehrhart England Epps Everson Fleming Floyd, H E Floyd, J Forster Franklin Freeman Gardner Golick Graves, D Graves, T Greene Hanner Harbin Hatfield Heard, J Heard, K Hembree E Henson Hill, C Hill, C.A Horne Houston Howard, E Hugley Jacobs James Jamieson Jenkins Jennings Johnson Jones, J Jones, S Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lunsford Maddox Manning Martin Maxwell May McCall E McClinton E Millar Mills E Mitchell Morris Mosby Mosley Mumford Murphy, J Neal O'Neal Parham Parrish Parsons Porter Ralston Randall Ray Reece, B Reece, S Reese Rice E Rogers Royal Rynders Scheid Scott, M E Setzler Shaw Sims, F Smith, B E Smith, L Smith, P Smith, T Smith, V Smyre Stephens Talton Thomas, B Tumlin Walker Warren Watson Wilkinson Williams, E Williams, R Wix Yates Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Anderson of the 123rd, Bordeaux of the 162nd, Brown of the 69th, Buckner of the 76th, Channell of the 116th, Drenner of the 86th, Dukes of the 150th, Fludd of the 66th, Geisinger of the 48th, Heckstall of the 62nd, Holt of the 112th, Hudson of the 124th, Jackson of the 161st, Jordan of the 77th, Lucas of the 139th, Mangham of the 94th, Marin of the 96th, Meadows of the 5th, Morgan of the 39th, Murphy of the 120th, Oliver of the 83rd, Orrock of the 58th, Powell of the 29th, Roberts of the 154th, Scott of the 153rd, Sheldon of the 105th, Sinkfield of the 60th, Smith of the 131st, Stanley-Turner of the 53rd, Stephenson of the 92nd, Teilhet of the 40th, Thomas of the 55th, Willard of the 49th, and Williams of the 165th. 1338 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by the Reverend Karlton Howard, Noah's Ark Missionary Baptist Church, Augusta, 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 963. By Representatives Walker of the 107th and Benfield of the 85th: A BILL to be entitled an Act to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of rules of the road, so as to change certain provisions relating to drivers to exercise due care and allowance for proper use of radios and mobile telephones; to prohibit operation of motor vehicles by persons less than 17 years of age while using mobile telephones or similar communication devices; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 21, 2006 1339 Referred to the Committee on Motor Vehicles. HB 1389. By Representative Benton of the 31st: A BILL to be entitled an Act to amend Article 8 of Chapter 9 of Title 16 of the O.C.G.A., relating to identity fraud, so as to provide for definitions; to provide that a consumer who has been the victim of identity theft may place a security freeze on his or her credit report by making a written request to a consumer credit reporting agency; to provide that such request must be accompanied by a copy of a report that the consumer has filed with a law enforcement agency or the Governor's Office of Consumer Affairs about the unlawful use of his or her personal information by another person; to provide that a consumer credit reporting agency must place a security freeze on the consumer's credit report no later than five business days after receiving a proper written request; 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 1390. By Representative Ehrhart of the 36th: 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 change certain provisions relating to creation of the State Board of Optometry, its composition, and qualifications of its members; to change certain provisions relating to the terms of office of board members; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Rules. HB 1391. By Representative Burkhalter of the 50th: 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 certain provisions relating to creation of the State Licensing Board for Residential and General Contractors, membership, divisions, vacancies, qualifications, terms, and meetings; to change certain provisions relating to appointment of members, chairperson, meetings and quorums, and assistance from professional licensing boards division; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. 1340 JOURNAL OF THE HOUSE HB 1392. By Representatives Hembree of the 67th, Rice of the 51st, Murphy of the 23rd and Yates of the 73rd: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide for certain penalties for a driver who commits a right of way violation resulting in a collision with a motorcyclist, pedestrian, or bicyclist; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1393. By Representatives Hill of the 180th, England of the 108th, Scott of the 2nd and McCall of the 30th: A BILL to be entitled an Act to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in such code or other laws of the state, so as to define the term biodiesel fuel; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HB 1394. By Representative Channell of the 116th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Greensboro, approved March 16, 1978 (Ga. L. 1978, p. 3932), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1395. By Representatives Shaw of the 176th, Houston of the 170th and Sims of the 169th: A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of superior courts, so as to change the term of court in Atkinson, Berrien, Clinch, Cook, and Lanier counties in the Alapaha Judicial Circuit; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1396. By Representatives Day of the 163rd and Stephens of the 164th: TUESDAY, FEBRUARY 21, 2006 1341 A BILL to be entitled an Act to amend Code Section 15-11-47 of the Official Code of Georgia Annotated, relating to procedures on taking a child into custody and detention of a child alleged to be unruly, so as to increase the time of detention for a child 14 years of age or older who has violated curfew and acted unruly toward law enforcement officers; to provide for the method of detention for such a child 16 years of age or older; 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 1404. By Representatives McCall of the 30th, Roberts of the 154th and Crawford of the 127th: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to farmers markets, so as to change certain provisions relating to authority of the Commissioner of Agriculture to provide for safety and security at farmers markets; to provide for law enforcement on the premises of farmers markets; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HB 1405. By Representatives Coan of the 101st, Burkhalter of the 50th, Heard of the 104th, Keen of the 179th, England of the 108th 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 require that a claim be proven or documented within 36 months after a notice of claim is filed; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Industrial Relations. HB 1406. By Representative Benfield of the 85th: A BILL to be entitled an Act to amend Code Section 40-6-16 of the Official Code of Georgia Annotated, relating to the procedure for passing stationary authorized emergency vehicles, stationary towing or recovery vehicles, or stationary highway maintenance vehicles, so as to change certain provisions relating to penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. 1342 JOURNAL OF THE HOUSE Referred to the Committee on Judiciary Non-Civil. HB 1407. By Representatives Geisinger of the 48th and Wilkinson of the 52nd: A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction and venue of the juvenile court, so as to provide that the superior courts of this state shall have exclusive jurisdiction over any child 13 to 17 years old who commits the offense of homicide by vehicle; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1408. By Representative Butler of the 18th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide for requirements relating to circulating nurses for surgical services performed in a hospital or ambulatory surgical center; to provide for variances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1409. By Representatives Rogers of the 26th, Stephens of the 164th and Harbin of the 118th: A BILL to be entitled an Act to amend Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electrical service, so as to require a document retention policy for electric membership corporations; to allow for electronic voting by members of electric membership corporations; to require a certified audit of policies and procedures; to provide for legislative findings; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. HR 1432. By Representatives Byrd of the 20th, Freeman of the 140th, Keown of the 173rd, Burkhalter of the 50th, Talton of the 145th and others: A RESOLUTION urging that the future NASCAR Hall of Fame and museum be located in Atlanta, Georgia; and for other purposes. TUESDAY, FEBRUARY 21, 2006 1343 Referred to the Committee on Economic Development & Tourism. HR 1433. By Representatives Forster of the 3rd, Williams of the 4th, Graves of the 12th, Brown of the 69th, Ehrhart of the 36th and others: A RESOLUTION urging Congress to prepare and submit to the several states an amendment to the Constitution; urging other state legislatures to apply to Congress to prepare and submit such an amendment; and for other purposes. Referred to the Committee on Interstate Cooperation. HR 1435. By Representatives Day of the 163rd, Stephens of the 164th, Hill of the 180th and Harbin of the 118th: A RESOLUTION proposing an amendment to the Constitution so as to require the General Assembly to provide by law for the creation of a Coastal Georgia Beach Preservation Trust Fund from which funds shall be disbursed for the purposes of restoring, managing, and preserving Georgia's coastal beaches; to provide for payments into the trust fund; to provide for the applicability of certain provisions of the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Natural Resources & Environment. HR 1437. By Representatives Forster of the 3rd, Yates of the 73rd, Mosley of the 178th, Brooks of the 63rd, O`Neal of the 146th and others: A RESOLUTION urging the United States Congress to repeal the Social Security earnings limitation; and for other purposes. Referred to the Committee on Human Relations & Aging. By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee: HB 1413. By Representatives Stephens of the 164th, Maxwell of the 17th, Parrish of the 156th, Parham of the 141st, Dean of the 59th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the O.C.G.A., relating to insurance generally, so as to provide for insurance coverage of therapeutically equivalent drugs under certain circumstances; to provide for definitions; to provide for construction; to provide for 1344 JOURNAL OF THE HOUSE enforcement by the Commissioner of Insurance; to amend Article 5 of Chapter 4 of Title 26 of the O.C.G.A., relating to prescription drugs, so as to eliminate redundant language relating to the practice of medicine; to provide for the dispensing of therapeutically equivalent drugs by a pharmacist to a patient for purposes of formulary compliance if approved by the ordering practitioner; to provide for notice to the ordering practitioner of the substitution; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1362 HB 1363 HB 1364 HB 1365 HB 1366 HB 1367 HB 1368 HB 1369 HB 1370 HB 1371 HB 1372 HB 1373 HB 1374 HB 1375 HB 1376 HB 1377 HB 1378 HB 1379 HB 1380 HB 1381 HB 1382 HB 1383 HB 1384 HB 1385 HB 1386 HB 1387 HB 1388 HB 1397 HB 1398 HB 1399 HB 1400 HB 1401 HB 1402 HB 1403 HR 1395 HR 1396 HR 1397 HR 1398 HR 1399 SR 718 Representative Walker of the 107th District, Chairman of the Committee on Human Relations and Aging, submitted the following report: Mr. Speaker: Your Committee on Human Relations and Aging has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: TUESDAY, FEBRUARY 21, 2006 1345 HB 1308 Do Pass Respectfully submitted, /s/ Walker of the 107th Chairman Representative Knox of the 24th District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1291 Do Pass HB 1304 Do Pass, by Substitute HR 1159 Do Pass Respectfully submitted, /s/ Knox of the 24th Chairman Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 847 Do Pass, by Substitute HB 1023 Do Pass, by Substitute HB 1130 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: 1346 JOURNAL OF THE HOUSE Mr. Speaker: Your Committee on Judiciary Non-Civil has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 935 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 1230 Do Pass HR 1231 Do Pass HR 1367 Do Pass Representative Hill of the 21st District, Chairman of the Committee on Special Rules, submitted the following report: Mr. Speaker: Your Committee on Special Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1395 Do Pass Respectfully submitted, /s/ Hill of the 21st 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 of the House and has instructed me to report the same back to the House with the following recommendations: TUESDAY, FEBRUARY 21, 2006 1347 HB 1126 Do Pass, by Substitute HB 1292 Do Pass, by Substitute 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 1343 HB 1344 HB 1345 HB 1346 Do Pass Do Pass Do Pass Do Pass HB 1347 HB 1350 HB 1351 HB 1354 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, FEBRUARY 21, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 21st Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 535 HB 832 HB 983 HB 1029 Judicial accounting; penalties for failure to remit funds; repeal Physician's assistants; handling of professional samples Petroleum products; sale of; certain acts; prohibit Property estates; time limitations; provisions 1348 JOURNAL OF THE HOUSE HB 1055 HB 1236 HB 1241 Public schools; Internet safety policies; adopt and implement Motor vehicles; registration; place of return; amend Quality Basic Education Act; eligibility conditions for student athletes; provide 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 Bill of the House was withdrawn from the Committee on Governmental Affairs and referred to the Committee on Regulated Industries: HB 1385. By Representatives Heard of the 104th, Ehrhart of the 36th, Coan of the 101st, Dodson of the 75th and Forster of the 3rd: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the O.C.G.A., relating to state building, plumbing, and electrical codes, so as to provide for the employment of private professional providers to perform building plan reviews and inspections when the local jurisdiction cannot timely perform such services; to provide a definition; to provide for the qualifications of such persons; to provide for the manner of such reviews and inspections; to provide for certain insurance requirements; to provide for the manner of submitting reports; to amend Chapter 2 of Title 25 of the O.C.G.A., relating to regulation of fire and other hazards to persons and property generally, so as to provide for the employment of private professional providers to perform building plan reviews when the state fire marshal, local fire marshal, or state inspector cannot timely perform such TUESDAY, FEBRUARY 21, 2006 1349 services; to provide for other related matters; to repeal conflicting laws; and for other purposes. By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 1343. By Representatives Hill of the 21st, Scheid of the 22nd, Byrd of the 20th and Murphy of the 23rd: A BILL to be entitled an Act to authorize Cherokee 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 1344. By Representatives Tumlin of the 38th, Setzler of the 35th, Johnson of the 37th, Manning of the 32nd, Golick of the 34th and others: A BILL to be entitled an Act to provide for legislative declarations with respect to all local homestead exemptions for all taxing jurisdictions consisting of or located in Cobb County; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1345. By Representatives Manning of the 32nd, Tumlin of the 38th, Ehrhart of the 36th and Setzler of the 35th: 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, so as to change the provision relating to the term or duration of franchise agreements; to 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 1346. By Representatives Manning of the 32nd, Ehrhart of the 36th, Tumlin of the 38th, Johnson of the 37th and Setzler of the 35th: 1350 JOURNAL OF THE HOUSE 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, so as to change the charter provision relating to what shall constitute a quorum; to 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 1347. By Representatives Manning of the 32nd, Tumlin of the 38th, Ehrhart of the 36th, Johnson of the 37th and Setzler of the 35th: 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, so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1350. By Representative Smith of the 113th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Oconee County, approved April 18, 1917 (Ga. L. 1917, p. 384), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3105), so as to provide for terms for the members of the board of commissioners of Oconee County; to provide for elections; to provide for a referendum; 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 1351. By Representatives Dickson of the 6th and Meadows of the 5th: A BILL to be entitled an Act to provide a homestead exemption from Murray County school district ad valorem taxes for educational purposes in the amount of $80,000.00 of the assessed value of the homestead for residents of that school district who are at least 70 years of age; 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. TUESDAY, FEBRUARY 21, 2006 1351 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1354. By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st: A BILL to be entitled an Act to amend an Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4236), so as to increase the clerical allowance for the tax commissioner; 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. 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 E Barnard Barnes Y Bearden Y Beasley-Teague Benfield Benton Y Black Bordeaux Y Borders Bridges Y Brooks Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Channell Y Cheokas Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart England Y Epps Y Everson Y Fleming Y Floyd, H E 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 Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Keen Y Keown Y Kidd Y Knight Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Mosley Mumford 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 Y Reece, S Sailor Y Scheid Y Scott, A E Scott, M Setzler Y Shaw Sheldon Y Sims, C Y Sims, F Sinkfield Smith, B E Smith, L Y Smith, P Y Smith, R Y Smith, T Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard 1352 JOURNAL OF THE HOUSE Y Coan Y Cole Y Coleman, B E Coleman, T Cooper Y Cox Y Heard, J Y Heard, K Heckstall Y Hembree E Henson Y Hill, C Lucas Lunsford Y Maddox Mangham Y Manning Marin Y Reese Y Rice Y Roberts E Rogers Y Royal Y Rynders Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates Richardson, Speaker On the passage of the Bills, the ayes were 127, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representatives Benton of the 31st, Channell of the 116th, Dukes of the 150th, England of the 108th, Setzler of the 35th, and Talton of the 145th 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. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 436. By Senators Grant of the 25th, Harp of the 29th, Tolleson of the 20th, Pearson of the 51st and Kemp of the 46th: A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to change certain provisions relating to meetings of the State Board of Technical and Adult Education; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 507. By Senators Thomas of the 54th, Smith of the 52nd, Unterman of the 45th, Hill of the 32nd, Goggans of the 7th and others: A BILL to be entitled an Act to amend Chapter 34 of Title 31 of the Official Code of Georgia Annotated, relating to physicians for rural areas assistance, so as to revise the purpose of the chapter; to revise certain provisions regarding priority for certain specialties; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 518. By Senators Unterman of the 45th and Cagle of the 49th: TUESDAY, FEBRUARY 21, 2006 1353 A BILL to be entitled an Act to create the Buford 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 City of Buford, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes. SB 519. By Senator Unterman of the 45th: A BILL to be entitled an Act to create the Suwanee Gateway 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 City of Suwanee, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors 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 Senate has adopted by the requisite constitutional majority the following resolutions of the Senate: SR 700. By Senators Hamrick of the 30th and Unterman of the 45th: A RESOLUTION creating and continuing the Juvenile Law Commission; and for other purposes. SR 785. By Senators Johnson of the 1st, Staton of the 18th, Williams of the 19th, Thomas of the 54th and Balfour of the 9th: A RESOLUTION creating a Joint Comprehensive State Trauma Services Study Committee; and for other purposes. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees: 1354 JOURNAL OF THE HOUSE SB 436. By Senators Grant of the 25th, Harp of the 29th, Tolleson of the 20th, Pearson of the 51st and Kemp of the 46th: A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to change certain provisions relating to meetings of the State Board of Technical and Adult Education; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. SB 507. By Senators Thomas of the 54th, Smith of the 52nd, Unterman of the 45th, Hill of the 32nd, Goggans of the 7th and others: A BILL to be entitled an Act to amend Chapter 34 of Title 31 of the Official Code of Georgia Annotated, relating to physicians for rural areas assistance, so as to revise the purpose of the chapter; to revise certain provisions regarding priority for certain specialties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. SB 518. By Senators Unterman of the 45th and Cagle of the 49th: A BILL to be entitled an Act to create the Buford 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 City of Buford, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 519. By Senator Unterman of the 45th: A BILL to be entitled an Act to create the Suwanee Gateway 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 TUESDAY, FEBRUARY 21, 2006 1355 promote tourism, conventions, and trade shows in City of Suwanee, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors 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. SR 700. By Senators Hamrick of the 30th and Unterman of the 45th: A RESOLUTION creating and continuing the Juvenile Law Commission; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SR 785. By Senators Johnson of the 1st, Staton of the 18th, Williams of the 19th, Thomas of the 54th and Balfour of the 9th: A RESOLUTION creating a Joint Comprehensive State Trauma Services Study Committee; and for other purposes. Referred to the Committee on Health & Human Services. The following Resolution of the House was read and adopted: HR 1459. By Representative Cheokas of the 134th: A RESOLUTION commending Ambassador Alexandros P. Mallias of Greece; and for other purposes. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1230. By Representatives Cox of the 102nd, Coan of the 101st, Casas of the 103rd and Rice of the 51st: A RESOLUTION congratulating the Parkview High School wrestling team on winning the 2006 AAAAA State Duals Championship and inviting its members to appear before the House of Representatives; and for other purposes. 1356 JOURNAL OF THE HOUSE HR 1231. By Representatives Cox of the 102nd, Coan of the 101st, Casas of the 103rd and Rice of the 51st: A RESOLUTION commending Parkview High School Coach Cecil Flowe and inviting him to appear before the House of Representatives; and for other purposes. HR 1367. By Representative Brown of the 69th: A RESOLUTION congratulating the Bowdon High School Softball Team on winning the Class A State Softball Championship and inviting the team's members and coaches to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1460. By Representatives Jones of the 44th, Sinkfield of the 60th, Stephenson of the 92nd, Mitchell of the 88th and Brooks of the 63rd: A RESOLUTION honoring Delta Sigma Theta Sorority, Inc.; declaring March 6, 2006, as Delta Sigma Theta Day; inviting representatives of the sorority to appear before this body; and for other purposes. HR 1465. By Representatives Reese of the 98th, Coan of the 101st and Cox of the 102nd: A RESOLUTION commending Riverside Elementary School on receiving a Single Statewide Accountability System Platinum Award from the Governor's Office of Student Achievement and inviting Mr. Craig Barlow, principal of Riverside Elementary School, to appear before the House of Representatives; and for other purposes. HR 1466. By Representative Yates of the 73rd: A RESOLUTION commending Matt Dettmering for his role in saving the life of Kenny Edwards and inviting him to appear before the House of Representatives; and for other purposes. HR 1467. By Representative Yates of the 73rd: A RESOLUTION commending Thomas Sellers for his role in saving the life of Kenny Edwards and inviting him to appear before the House of Representatives; and for other purposes. TUESDAY, FEBRUARY 21, 2006 1357 HR 1468. By Representatives Coan of the 101st, Neal of the 1st, Lunsford of the 110th, Fleming of the 117th, Mills of the 25th and others: A RESOLUTION commending Warrick Dunn for his outstanding achievements as a professional football player and humanitarian and inviting him to appear before the House of Representatives; and for other purposes. HR 1486. By Representatives Yates of the 73rd, Lakly of the 72nd, Freeman of the 140th, Warren of the 122nd, Jennings of the 82nd and others: A RESOLUTION commending Georgia's National Guard troops; recognizing February 22, 2006, as National Guard Day; inviting Major General David Poythress to appear before the House of Representatives; and for other purposes. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Ways & Means: HB 1012. By Representatives Millar of the 79th, Watson of the 91st, Chambers of the 81st, Jennings of the 82nd and Jacobs of the 80th: A BILL to be entitled an Act to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to requirements and conditions applicable to general obligation bonds, so as to provide for additional bond performance audit requirements; 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 Bill of the House was taken up for consideration and read the third time: HB 1236. By Representative Wilkinson of the 52nd: A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to place of return of motor vehicles and mobile homes, so as to provide for the registration of certain motor vehicles in the county where such vehicles are functionally located; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. 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: 1358 JOURNAL OF THE HOUSE Y Abdul-Salaam Y Amerson Anderson Y Ashe E Barnard Barnes Y Bearden Y Beasley-Teague Benfield 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 E Coleman, T Cooper Cox Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Houston Y Howard, E 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 Lucas Y Lunsford Y Maddox Mangham Y Manning Marin Y Martin Y Maxwell Y May McCall E McClinton Y Meadows E Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Mosley Y Mumford Y Murphy, J Y Murphy, Q Neal 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 E 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 Y Smith, B E Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Benton of the 31st, Dukes of the 150th, and England of the 108th 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's insistence on its position in amending the same: 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: TUESDAY, FEBRUARY 21, 2006 1359 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. Representative Graves of the 137th moved that the House insist on its position in disagreeing to the Senate amendment to HB 246 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 Graves of the 137th, Stephens of the 164th and Parrish of the 156th. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 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 physician's 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. The following Committee substitute was read and adopted: A BILL To amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to approval of physician's 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1360 JOURNAL OF THE HOUSE Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to approval of physician's assistants, is amended by adding after subsection (e.1) a new subsection to read as follows: "(e.2) A physician's assistant shall be allowed to request, receive, and sign for professional samples and may distribute professional samples to patients, pursuant to authority delegated by the supervising physician of that physician's assistant. Delegation of such authority shall be contained in the job description required by this Code section; provided, however, the office or facility at which the physician's assistant is working must maintain a list of professional samples approved by the supervising physician for request, receipt, and distribution by the physician's assistant as well as a complete list of the specific number and dosage of each professional sample received and dispensed. 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, medication vouchers, or medical devices provided by the manufacturer for use in patient care." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Anderson Y Ashe E Barnard Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Brown Y 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 Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills E 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 Sailor Y Scheid Y Scott, A Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet TUESDAY, FEBRUARY 21, 2006 1361 Y Burns Y Butler Y Byrd Y Carter Casas Y Chambers Y Channell Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T Y Cooper Y Cox Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C 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 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 Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Due to a mechanical malfunction, the vote of Representative Scott of the 2nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Cheokas of the 134th 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 1241. By Representatives Martin of the 47th, Roberts of the 154th, Watson of the 91st, Fleming of the 117th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs and activities under the "Quality Basic Education Act," so as to provide that no high school which receives funding under the "Quality Basic Education Act" shall participate in or sponsor interscholastic sports events conducted by any athletic association unless the athletic association provides for certain eligibility conditions for student athletes; to provide a definition; 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 1362 JOURNAL OF THE HOUSE Annotated, relating to certain programs and activities under the "Quality Basic Education Act," so as to provide that no high school which receives funding under the "Quality Basic Education Act" shall participate in or sponsor interscholastic sports events conducted by any athletic association unless the athletic association provides for certain eligibility conditions for student athletes; to provide a definition; 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 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs and activities under the "Quality Basic Education Act," is amended by adding a new Code Section 20-2-316.1 to read as follows: "20-2-316.1. (a) As used in this Code section, the term 'athletic association' means any association of schools or any other similar organization which acts as an organizing, sanctioning, scheduling, or rule-making body for interscholastic athletic events in which public schools in this state participate. (b) No high school which receives funding under this article shall participate in, sponsor, or provide coaching staff for interscholastic sports events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association unless the charter, bylaws, or other governing documents of such athletic association provide that a student shall not lose eligibility to participate as a team member on an interscholastic sports team solely because such student participates during the school year at any time outside of regular season, including playoffs, in a national competitive event, such as an all-star or showcase event, that is not sanctioned by such athletic association." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Anderson Y Ashe E Barnard Barnes Y Bearden Y Beasley-Teague Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C TUESDAY, FEBRUARY 21, 2006 1363 Y Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T Y Cooper Y Cox Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E 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 Y Henson Y Hill, C 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 Marin E 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 Y Porter Y Powell Y Ralston Y Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts E Rogers Y Royal Y Rynders Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre 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 E 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 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. HB 983. By Representatives Chambers of the 81st, Ehrhart of the 36th, Willard of the 49th and Forster of the 3rd: A BILL to be entitled an Act to amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, so as to prohibit certain acts relating to gasoline containing methyl tertiary-butyl ether; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL 1364 JOURNAL OF THE HOUSE To amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to prevention and control of air pollution, so as to prohibit certain acts relating to gasoline containing certain chemicals; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to prevention and control of air pollution, is amended by adding a new Article to read as follows: "ARTICLE 3. 12-9-70. (a) As used in this Code section, the term: (1) 'DIPE' means diisopropyl ether. (2) 'ETBE' means ethyl tertiary butyl ether. (3) 'MTBE' means methyl tertiary butyl ether. (4) 'TAME' means tertiary amyl methyl ether. (b) On and after January 1, 2008, it shall be unlawful to knowingly manufacture, blend, or store for distribution in this state any gasoline containing: (1) MTBE; (2) Methanol; (3) Isopropanol; (4) n-Propanol; (5) n-Butanol; (6) Iso-Butanol; (7) Sec-Butanol; (8) Tert-Butanol (tert-amyl alcohol); (9) Tert-petanol; (10) ETBE; (11) DIPE; or (12) TAME. (c) The board shall adopt rules and regulations to provide for a phase out of the permissible use of gasoline containing chemicals specified in subsection (b) of this Code section during the period between July 1, 2006, and January 1, 2008, in a manner designed to coordinate such phase out with other states adjacent to this state to the extent practicable." 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. TUESDAY, FEBRUARY 21, 2006 1365 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 E Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell May Y McCall E McClinton Meadows E Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby 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 Y Reece, S Y Reese Y Rice Y Roberts E Rogers Y Royal Y Rynders Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives May of the 111th and Meadows of the 5th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. 1366 JOURNAL OF THE HOUSE HB 1055. By Representatives Keown of the 173rd, Freeman of the 140th, Hill of the 21st, Setzler of the 35th, Black of the 174th and others: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for a short title; to provide for the adoption and implementation of Internet safety policies in public schools; to provide for the adoption and implementation of Internet safety policies in public libraries; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Anderson Y Ashe E Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T Y Cooper Y Cox Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Y McCall E McClinton Y Meadows E Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Mosley Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates Richardson, Speaker TUESDAY, FEBRUARY 21, 2006 1367 On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 535. By Representatives Cox of the 102nd, Rice of the 51st and Ralston of the 7th: A BILL to be entitled an Act to amend Chapter 21A of Title 15 of the Official Code of Georgia Annotated, relating to judicial accounting, so as to remove the penalties for failure to remit funds; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 21A of Title 15 of the Official Code of Georgia Annotated, relating to judicial accounting, so as to remove the penalties for failure to remit funds; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 21A of Title 15 of the Official Code of Georgia Annotated, relating to judicial accounting, is amended by repealing Code Section 15-21A-8, relating to penalties for failure to remit funds, which reads as follows: "15-21A-8. Any clerk of court or any other officer or agent receiving any funds subject to this chapter who knowingly fails to pay over any such funds to the authority as required by this chapter, after receiving notice from the authority that such funds are delinquent, shall be guilty of a misdemeanor, except that if the amount of funds knowingly not paid over is $10,000.00 or more then such person shall be guilty of a felony and punished by imprisonment for not less than one nor more than ten years. The offense created by this Code section shall not merge with any other offense." SECTION 2. This Act shall become effective on July 1, 2006, and shall apply to all offenses occurring on or after that date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 1368 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: Y Abdul-Salaam Y Amerson Anderson Y Ashe E 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 Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T 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 Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills E 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 Royal Y Rynders 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 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 E Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Chambers of the 81st 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. TUESDAY, FEBRUARY 21, 2006 1369 Representative O`Neal of the 146th moved that the following Bill of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Rules: HB 1029. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to property estates in general, so as to provide for a limitation of time upon the validity of possibilities of reverter and rights of reentry for breach of condition subsequent; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The motion prevailed. The following Resolutions of the House were read and adopted: HR 1469. By Representative Fludd of the 66th: A RESOLUTION commending Chief John F. Hay and the Tyrone Police Department; and for other purposes. HR 1470. By Representative Fludd of the 66th: A RESOLUTION commending Robert J. Burch Elementary School on being named a Title I Distinguished School; and for other purposes. HR 1471. By Representative Carter of the 159th: A RESOLUTION congratulating Mr. and Mrs. George Macon on the occasion of their 65th wedding anniversary; and for other purposes. HR 1472. By Representatives Benfield of the 85th, Butler of the 18th, Buckner of the 76th, Smith of the 70th, Hudson of the 124th and others: A RESOLUTION remembering and honoring the life of Mr. Ben Jones; encouraging Georgians to become organ donors; and for other purposes. HR 1473. By Representative Greene of the 149th: A RESOLUTION honoring the 150th anniversary of the founding of Miller County, Georgia; and for other purposes. HR 1474. By Representative Greene of the 149th: 1370 JOURNAL OF THE HOUSE A RESOLUTION commending the Randolph-Clay High School boys basketball team and coach Joe Williams; and for other purposes. HR 1475. By Representative Smith of the 113th: A RESOLUTION remembering and honoring the life of Mrs. Sue Daniell Zuber; and for other purposes. HR 1476. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION commending Joshua Elder on his selection as the STAR student for Jackson County Comprehensive High School; and for other purposes. HR 1477. By Representative Benton of the 31st: A RESOLUTION commending Mr. Jack N. Keen on being selected as the Jefferson High School STAR teacher; and for other purposes. HR 1478. By Representative Benton of the 31st: A RESOLUTION commending Mr. Robert Bryan on being selected as the Commerce High School STAR teacher; and for other purposes. HR 1479. By Representative Benton of the 31st: A RESOLUTION commending Kristie Champlin on her selection as the STAR student for Jefferson High School; and for other purposes. HR 1480. By Representative Benton of the 31st: A RESOLUTION commending Mr. Todd Chandler on being selected as the Jackson County Comprehensive High School STAR teacher; and for other purposes. HR 1481. By Representative Benton of the 31st: A RESOLUTION commending John Michael David on his selection as the STAR student for Commerce High School; and for other purposes. HR 1482. By Representatives Day of the 163rd, Horne of the 71st, Neal of the 1st, Cole of the 125th, Cox of the 102nd and others: TUESDAY, FEBRUARY 21, 2006 1371 A RESOLUTION commending the firefighters of Georgia and observing the 34th annual Firefighters' Recognition Day; and for other purposes. HR 1483. By Representatives Smith of the 113th, Kidd of the 115th and Heard of the 114th: A RESOLUTION commending Upshaw C. Bentley, Jr.; and for other purposes. HR 1484. By Representative Ehrhart of the 36th: A RESOLUTION recognizing the value of public health nursing; and for other purposes. Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. 1372 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Wednesday, February 22, 2006 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 Bridges Brooks Bruce Bryant Buckner, D Buckner, G Burkhalter Burns Byrd Carter Chambers Cheokas Cole Coleman, B E Coleman, T Cooper Cox E Cummings Dickson Dodson Dollar Ehrhart England Everson Fleming Floyd, J Fludd Forster Franklin E Freeman Geisinger E Golick Graves, T Greene Hatfield Heard, J Heard, K Hembree Henson Hill, C Hill, C.A Holmes Holt Horne Howard, E Hudson Jackson Jacobs James Jamieson Jenkins Jennings Johnson Jones, S Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lucas Lunsford Maddox Martin Maxwell May McCall E McClinton Meadows E Millar Mills Mitchell Morris Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Orrock Parham Parrish Parsons Porter Ralston Randall Reece, B Reece, S Reese Rice E Rogers Royal Rynders Scheid Scott, M Setzler Sims, F Smith, L Smith, P Smith, T Smith, V Smyre Talton Teilhet Thomas, A.M Thomas, B Warren Watson Wilkinson Williams, A Williams, E Williams, R E Wix Yates Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Anderson of the 123rd, Beasley-Teague of the 65th, Black of the 174th, Borders of the 175th, Brown of the 69th, Burmeister of the 119th, Butler of the 18th, Casas of the 103rd, Channell of the 116th, Coan of the 101st, Crawford of the 127th, Davis of the 109th, Day of the 163rd, Dean of the 59th, Drenner of the 86th, Dukes of the 150th, Floyd of the 99th, Gardner of the 57th, Graves of the 137th, Hanner of the 148th, Harbin of the 118th, Hugley of the 133rd, Jordan of the 77th, Manning of the 32nd, Marin of the 96th, Mosby of the 90th, Powell of the 29th, Ray of the 136th, Roberts of the 154th, Sailor of the 93rd, Scott of the 153rd, Shaw of the 176th, Sheldon of the 105th, Sims of the 169th, Sinkfield of the 60th, Smith of the 113th, Smith of the 131st, Stanley-Turner of the 53rd, Stephens of the 164th, Stephenson of the 92nd, Tumlin of the 38th, Walker of the 107th, and Willard of the 49th. WEDNESDAY, FEBRUARY 22, 2006 1373 They wish to be recorded as present. Prayer was offered by the Reverend John Boyer, Morningside Presbyterian Church, Columbus, 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 1410. By Representatives Fludd of the 66th, Bruce of the 64th, Mosby of the 90th, Morgan of the 39th, Buckner of the 130th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide for a self-employment assistance program; to provide a short title; to provide definitions; to establish the maximum allowable amount of weekly self-employment assistance; to determine eligibility; to limit the number of individuals receiving a self-employment assistance allowance; to provide for a self-employment assistance allowance to be charged or assessed to an 1374 JOURNAL OF THE HOUSE employer's account; to provide for appeal of nonacceptance into selfemployment assistance program; to provide for reports by the Commissioner; to provide for related matters; to provide effective dates; to provide for contingent repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Industrial Relations. HB 1411. By Representative Benton of the 31st: A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 20 and Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to local school superintendents and general provisions applicable to counties and municipal corporations, respectively, so as to prohibit local school superintendents and certain elected officials of county and municipal corporations from certain employment opportunities for a period of time; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1412. By Representatives Smith of the 168th, Stephens of the 164th and Royal of the 171st: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, 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 require the use of clean and renewable fuels in certain vehicles operated by certain government entities under certain circumstances; to provide for legislative findings and declarations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1414. By Representatives Holt of the 112th, Mumford of the 95th and Lunsford of the 110th: A BILL to be entitled an Act to authorize Newton County to exercise all redevelopment and other powers except for condemnation and eminent domain 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. WEDNESDAY, FEBRUARY 22, 2006 1375 Referred to the Committee on State Planning & Community Affairs - Local. HB 1415. By Representatives Holt of the 112th, Mumford of the 95th and Lunsford of the 110th: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Newton County; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1416. By Representatives Willard of the 49th, Chambers of the 81st and Jacobs of the 80th: A BILL to be entitled an Act to amend Article 2A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the homestead option sales and use tax, so as to change the manner and method of disbursing the proceeds of such tax; to provide for a definition; to provide for legislative intent; to provide for distribution certificates; to provide for procedures, conditions, and limitations; to provide for powers and duties of the state revenue commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1417. By Representatives Ralston of the 7th, Fleming of the 117th, Mumford of the 95th and Crawford of the 127th: A BILL to be entitled an Act to amend Code Section 15-12-40 of the Official Code of Georgia Annotated, relating to compilation, maintenance, and revision of jury lists, so as to allow the Administrative Office of the Courts to assist the board of jury commissioners in compiling, maintaining, and revising the lists of trial jurors and grand jurors; to amend Code Section 40- 1376 JOURNAL OF THE HOUSE 5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information, so as to provide for a crossreference to the Administrative Office of the Courts receiving certain information; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1418. By Representatives Coan of the 101st, Neal of the 1st, Burkhalter of the 50th, Ralston of the 7th, Fleming of the 117th 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 establish the Georgia Methamphetamine Offender Registry for the registration of persons convicted of certain offenses relating to methamphetamine; to provide a statement of purpose; to provide for definitions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1419. By Representatives Keown of the 173rd, Lane of the 167th, Tumlin of the 38th, Willard of the 49th, Thomas of the 55th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide that a patient shall receive notice of an investigation, proceeding, or hearing held regarding a patient's complaint and be given an opportunity to participate in the proceedings and provide oral or written testimony to the board considering the complaint; 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 1420. By Representatives Sinkfield of the 60th, Benfield of the 85th, Watson of the 91st, Lucas of the 139th, Orrock of the 58th and others: A BILL to be entitled an Act to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Commission for the Blind; to provide for a short title; to provide for legislative intent; to provide for the composition and appointment of commission members; to provide for an executive director; to provide for duties; to provide for an annual report; to provide for a complaint process; to WEDNESDAY, FEBRUARY 22, 2006 1377 specify the powers and duties of the commission, transferring functions otherwise assigned; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1421. By Representatives Fleming of the 117th, Ralston of the 7th and Hatfield of the 177th: A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demand for trial and announcement of readiness for trial, so as to require that a defendant be present in court and announce ready for trial if a demand for trial is filed; to require that a demand for trial be filed and served as a separate document and labeled as a demand for trial; to change provisions relating to demand for trial and service of the demand; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1422. 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 1423. By Representative Cox of the 102nd: A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts, so as to change the terms of the superior court in Gwinnett County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 1378 JOURNAL OF THE HOUSE Referred to the Committee on Judiciary. HR 1461. By Representatives Day of the 163rd and Stephens of the 164th: A RESOLUTION commemorating the historic importance of the Tybee Island Lighthouse and dedicating the Historic Tybee Lighthouse Causeway; and for other purposes. Referred to the Committee on Transportation. HR 1462. By Representatives Day of the 163rd, Stephens of the 164th, Talton of the 145th, Neal of the 1st and Horne of the 71st: A RESOLUTION creating the House Study Committee on State Law Enforcement Salaries and Benefits; and for other purposes. Referred to the Committee on Public Safety. HR 1464. By Representatives O`Neal of the 146th, Royal of the 171st, Tumlin of the 38th and Knight of the 126th: A RESOLUTION creating the House Comprehensive Tax Reform Study Committee; and for other purposes. Referred to the Committee on Ways & Means. HR 1485. By Representatives Bearden of the 68th, Ralston of the 7th, Crawford of the 127th, Bridges of the 10th, England of the 108th and others: A RESOLUTION creating the House Study Committee on the Georgia State Patrol; and for other purposes. Referred to the Committee on Public Safety. HR 1487. By Representative Shaw of the 176th: A RESOLUTION dedicating the "Lucille M. Norton Bridge"; and for other purposes. Referred to the Committee on Transportation. HR 1488. By Representative Shaw of the 176th: WEDNESDAY, FEBRUARY 22, 2006 1379 A RESOLUTION honoring the accomplishments of Lucille M. Norton and dedicating the Lucille M. Norton Bridge; and for other purposes. Referred to the Committee on Transportation. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 963 HB 1389 HB 1390 HB 1391 HB 1392 HB 1393 HB 1394 HB 1395 HB 1396 HB 1404 HB 1405 HB 1406 HB 1407 HB 1408 HB 1409 HB 1413 HR 1432 HR 1433 HR 1435 HR 1437 SB 436 SB 507 SB 518 SB 519 SR 700 SR 785 Representative Lakly of the 72nd District, Vice-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: HR 1364 Do Pass Respectfully submitted, /s/ Lakly of the 72nd Vice-Chairman Representative Rice of the 51st District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. Speaker: 1380 JOURNAL OF THE HOUSE Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1004 Do Pass, by Substitute HB 1217 Do Pass HB 1252 Do Pass, by Substitute HB 1253 Do Pass, by Substitute Respectfully submitted, /s/ Rice of the 51st 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 1238 HR 1239 HR 1268 HR 1290 Do Pass Do Pass Do Pass Do Pass HR 1332 Do Pass HR 1333 Do Pass HR 1486 Do Pass Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1363 Do Pass HB 1375 Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 22, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enumerated below: WEDNESDAY, FEBRUARY 22, 2006 1381 DEBATE CALENDAR Open Rule HB 376 HB 833 HB 881 HB 986 HB 1177 HB 1190 HB 1321 Juries; exemption; caregivers of certain children Georgia Procurement Registry; certain bid advertisements; local governments Dispensing opticians; apprenticeship program; amend requirements Depositions; persons who are not legal U.S. residents; provisions Department of Transportation; certain projects; bonding amounts; provisions State Road and Tollway Authority; collection of unpaid tolls; amend Johns Creek, City of; incorporate Modified Open Rule HB 1097 Outdoor advertising signs; restriction; amend HB 1325 Natural gas; distribution; provisions Modified Structured Rule None Structured Rule HB 1040 Carpet samples; raw material cost; fair market valuation; definitions 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 1363. By Representative Parrish of the 156th: A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Pulaski, approved April 9, 1999 (Ga. L. 1999, p. 3946), as amended, so as to provide authority for the mayor and councilmembers to perform and be compensated for duties related to the operation of the water system and 1382 JOURNAL OF THE HOUSE other administrative functions; 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 1375. By Representatives Stephens of the 164th, Bordeaux of the 162nd, Jackson of the 161st and Bryant of the 160th: A BILL to be entitled an Act to authorize the City of Savannah 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. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden 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 Y Burns Y Butler Y Byrd Crawford E Cummings Y Davis Day Y Dean Y Dickson Y Dodson Dollar Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin E Freeman Y Gardner Geisinger E Golick Graves, D Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Neal Y Oliver Y O'Neal Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Sailor Scheid Scott, A Y Scott, M Y Setzler Y Shaw Sheldon Y Sims, C Y Sims, F Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Smith, V Y Smyre Stanley-Turner Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin WEDNESDAY, FEBRUARY 22, 2006 1383 Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T Cooper Y Cox Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Hill, C Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Maddox Mangham Y Manning Y Marin Y Ralston Y Randall Y Ray Y Reece, B Reece, S Y Reese Y Rice Roberts E Rogers Y Royal Y Rynders Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Yates Richardson, Speaker On the passage of the Bills, the ayes were 134, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representatives Abdul-Salaam of the 74th, Dukes of the 150th, Neal of the 1st, and Smith of the 113th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the Senate: SB 501. By Senators Shafer of the 48th, Reed of the 35th, Moody of the 56th, Zamarripa of the 36th, Tate of the 38th and others: A BILL to be entitled an Act to amend an Act to supplement the salaries of the judges of the Superior Court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, so as to increase the amount of such supplement; 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 resolutions of the Senate: SR 760. By Senators Thomas of the 54th and Mullis of the 53rd: A RESOLUTION honoring the memory of Dr. Eddie Marlow and designating the Dalton Regional Youth Detention Center Medical Clinic as the Dr. Eddie Marlow Medical Clinic; and for other purposes. 1384 JOURNAL OF THE HOUSE SR 823. By Senators Grant of the 25th, Stephens of the 27th, Thomas of the 54th, Golden of the 8th, Williams of the 19th and others: A RESOLUTION authorizing the conveyance of certain state owned real property located in Appling County, Georgia; Baldwin and Wilkinson County, Georgia; Bibb County, Georgia; Bulloch County, Georgia; Emanuel County, Georgia; Fannin County, Georgia; Forsyth County, Georgia; Gilmer County, Georgia; Gwinnett County, Georgia; Lowndes County, Georgia; Screven County, Georgia; Terrell County, Georgia; Whitfield County, Georgia; to repeal conflicting laws; and for other purposes. The Senate has passed by the requisite constitutional majority the following bills of the House: 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. HB 1137. By Representatives Geisinger of the 48th, Jones of the 46th, Rice of the 51st and Burkhalter of the 50th: A BILL to be entitled an Act to provide for the composition of state house districts and, in particular, House Districts 46, 48, 50, and 51; to provide for the election of such Representatives; to provide when such Representatives so elected shall take office; to provide for the continuation of present house districts until a certain time; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1207. By Representative Powell of the 29th: A BILL to be entitled an Act to amend the "City of Hartwell Recreation WEDNESDAY, FEBRUARY 22, 2006 1385 Authority Act," approved April 4, 1996 (Ga. L. 1996, p. 3998), so as to authorize the Hartwell Recreation Authority to lease, sell, transfer, or otherwise dispose of real or tangible personal property owned by the authority; to provide for the disposition of proceeds resulting from the transfer of ownership interests of such property; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1265. By Representatives Parsons of the 42nd, Manning of the 32nd, Golick of the 34th, Teilhet of the 40th, 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 May 5, 2005 (Ga. L. 2005, p. 3620), so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By unanimous consent, the following Bill and Resolutions of the Senate were read the first time and referred to the Committees: SB 501. By Senators Shafer of the 48th, Reed of the 35th, Moody of the 56th, Zamarripa of the 36th, Tate of the 38th and others: A BILL to be entitled an Act to amend an Act to supplement the salaries of the judges of the Superior Court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, so as to increase the amount of such supplement; 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. SR 760. By Senators Thomas of the 54th and Mullis of the 53rd: A RESOLUTION honoring the memory of Dr. Eddie Marlow and designating the Dalton Regional Youth Detention Center Medical Clinic as the Dr. Eddie Marlow Medical Clinic; and for other purposes. Referred to the Committee on Intragovernmental Coordination. SR 823. By Senators Grant of the 25th, Stephens of the 27th, Thomas of the 54th, Golden of the 8th, Williams of the 19th and others: 1386 JOURNAL OF THE HOUSE A RESOLUTION authorizing the conveyance of certain state owned real property located in Appling County, Georgia; Baldwin and Wilkinson County, Georgia; Bibb County, Georgia; Bulloch County, Georgia; Emanuel County, Georgia; Fannin County, Georgia; Forsyth County, Georgia; Gilmer County, Georgia; Gwinnett County, Georgia; Lowndes County, Georgia; Screven County, Georgia; Terrell County, Georgia; Whitfield County, Georgia; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. The following members were recognized during the period of Morning Orders and addressed the House: Mumford of the 95th, Benfield of the 85th, Morgan of the 39th, Franklin of the 43rd, Yates of the 73rd, and Lane of the 158th. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1238. By Representatives Hembree of the 67th, Harbin of the 118th, Warren of the 122nd, Smith of the 113th, Howard, E. of the 121st and others: A RESOLUTION commending Kimberly Wilson, winner of the 2005 Georgia Occupational Award of Leadership, and inviting her to appear before the House of Representatives; and for other purposes. HR 1239. By Representatives Hembree of the 67th, Smith of the 168th, Shaw of the 176th, Smith of the 113th, Hatfield of the 177th and others: A RESOLUTION recognizing and commending Gerald Moody, winner of the 2005 Rick Perkins Award for Excellence in Technical Instruction, and inviting him to appear before the House of Representatives; and for other purposes. HR 1268. By Representatives O`Neal of the 146th, Ehrhart of the 36th, Burkhalter of the 50th, Burmeister of the 119th and Morris of the 155th: A RESOLUTION commending Georgia's USGA Women's State team on winning the 2005 USGA Women's State Team Championship and inviting its members to appear before the House of Representatives; and for other purposes. WEDNESDAY, FEBRUARY 22, 2006 1387 HR 1290. By Representatives Barnard of the 166th, Day of the 163rd, Hill of the 21st, Scheid of the 22nd and Byrd of the 20th: A RESOLUTION commending Deputy Patrick Neal on winning the Peace Officer of the Year Award for Valor; and for other purposes. HR 1332. By Representatives Black of the 174th, Shaw of the 176th and Borders of the 175th: A RESOLUTION commending the Lowndes High School Georgia Bridgemen Band; and for other purposes. HR 1333. By Representatives Black of the 174th, Shaw of the 176th and Borders of the 175th: A RESOLUTION commending the Lowndes High School Viking football team on winning the AAAAA State Championship; and for other purposes. HR 1486. By Representatives Yates of the 73rd, Lakly of the 72nd, Freeman of the 140th, Warren of the 122nd, Jennings of the 82nd and others: A RESOLUTION commending Georgia's National Guard troops; recognizing February 22, 2006, as National Guard Day; inviting Major General David Poythress to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1489. By Representatives Rynders of the 152nd, Dukes of the 150th and Sims of the 151st: A RESOLUTION congratulating Miss Alexa Turpin on winning the 2006 Miss Georgia Teen America Pageant and inviting her to appear before the House of Representatives; and for other purposes. HR 1490. By Representatives Hill of the 180th, Lane of the 167th, Williams of the 165th and Brooks of the 63rd: A RESOLUTION commending Pastor Leon Washington and inviting him to appear before the House of Representatives; and for other purposes. 1388 JOURNAL OF THE HOUSE Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1321. By Representatives Burkhalter of the 50th, Rice of the 51st, Willard of the 49th and Jones of the 46th: A BILL to be entitled an Act to incorporate the City of Johns Creek in Fulton County, Georgia; to provide a charter for the City of Johns Creek; 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 provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To incorporate the City of Johns Creek in Fulton County, Georgia; to provide a charter for the City of Johns Creek; 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 provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city tax collector, a city accountant, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for 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 provide for a referendum; to provide effective dates; to provide for transition of powers and duties; to provide for directory nature of dates; to provide for a charter commission; to provide for severability; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 22, 2006 1389 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Incorporation. The City of Johns Creek in Fulton County is incorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the "City of Johns Creek." References in this charter to "the city" or "this city" refer to the City of Johns Creek. The city shall have perpetual existence. SECTION 1.11. Corporate boundaries. (a) The incorporated area of this city shall include all of that portion of Fulton County as set forth and described in Appendix A of this charter, which appendix is incorporated herein by reference, subject to approval by the voters at a referendum as provided in Section 7.14 of this Act. (b) The incorporated area of this city may also include all of that portion of Fulton County as set forth and described in Appendix B of this charter, which appendix is incorporated herein by reference, subject to approval by the voters at a referendum as provided in Section 7.14 of this Act. (c) After the original incorporation of this city, the boundaries of this city shall be subject to such alterations as may be made thereafter from time to time by local law or in the manner provided by general state law. As used in this charter, the term "territory" means the area of the city as described in this section. 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 Johns Creek, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. SECTION 1.12. Municipal powers. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of selfgovernment not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any 1390 JOURNAL OF THE HOUSE way the powers of this city. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm water and establishment of a storm-water utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; WEDNESDAY, FEBRUARY 22, 2006 1391 (10) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal elected officials, appointed officials, and employees, establishing procedures for handling ethics complaints, and setting forth penalties for violations of such rules and procedures; (11) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (12) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (13) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (14) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (15) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (16) Homestead exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city as authorized by Act of the General Assembly; (17) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and 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; (18) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (19) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (20) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; 1392 JOURNAL OF THE HOUSE (21) 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; (22) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (23) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (24) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (25) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (26) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency; (28) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (29) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (30) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; WEDNESDAY, FEBRUARY 22, 2006 1393 (31) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (32) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (33) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (34) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (35) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; (36) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (37) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, adult entertainment, and massage parlors; (38) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; 1394 JOURNAL OF THE HOUSE (39) Taxes (ad valorem). To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that: (A) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified voters of the city; provided, however, that for the purposes of compliance with Code Section 48-8-91 of the O.C.G.A., the millage rate may be adjusted upward for the sole purpose of complying with the millage rate rollback provisions set forth therein; (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of Fulton County, as provided in Code Section 48-5-352 of the O.C.G.A.; and (C) For all years, the billing date or dates and due date or dates for municipal ad valorem taxes shall be the same as for Fulton County ad valorem taxes; (40) Taxes (other). To levy and collect such other taxes as may be allowed now or in the future by law; (41) 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; (42) Urban redevelopment. To organize and operate an urban redevelopment program; and (43) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary 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. WEDNESDAY, FEBRUARY 22, 2006 1395 ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL SECTION 2.10. City council creation; composition; number; election. (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers who shall be elected to Posts 1 through 6. Each person desiring to offer as a candidate for councilmember shall designate the council post for which he or she is offering. (b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified, except as otherwise provided in subsection (d) of Section 2.11 of this charter. No person shall be eligible to serve as mayor or councilmember unless that person is at least 21 years of age and shall have been a resident of the territory for 12 months immediately preceding his or her election; and each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that such person desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember and in the case of a candidate for councilmember designates the post for which he or she is a candidate. No person shall be eligible for the office of mayor or councilmember unless such person shall file said notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." 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 territory or of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections, including without limitation the special election of 2006 to elect the first mayor and council, shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Election Code." (c) All elections for the mayor and all councilmembers shall be at-large by the voters of the entire city. (d) The first election for mayor and councilmembers shall be a special election held in 2006 on the date specified in subsection (e) of this section. At said election, the mayor and councilmembers elected to Council Posts 1, 3, and 5 shall be elected for initial terms 1396 JOURNAL OF THE HOUSE of office beginning immediately after their election and expiring on December 31, 2009. The councilmembers elected to Council Posts 2, 4, and 6 shall be elected for initial terms of office beginning immediately after their election and expiring on December 31, 2007. Thereafter, at the elections provided for by subsection (e) of this section, their successors shall be elected for terms of four years. All members shall serve until their successors are elected and qualified. (e) A special election shall be held on the Tuesday after the first Monday in November, 2006, to elect the first mayor and council as provided in subsection (d) of this section. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in said subsection (d) of this section. Thereafter, the time for holding regular municipal elections shall be on the Tuesday next following the first Monday in November of each odd-numbered year beginning in 2007. The successors to the first mayor and councilmembers and future successors shall be elected at the municipal election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (f) All municipal elections shall be nonpartisan and without primaries. SECTION 2.12. Vacancies in office. (a)(1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (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. Election by majority vote. The candidate receiving a majority of the votes cast for any city office shall be elected. WEDNESDAY, FEBRUARY 22, 2006 1397 SECTION 2.14. Compensation and expenses. The annual salary of the mayor shall be $25,000.00 and the annual salary for each councilmember shall be $15,000.00. Such salary shall be paid from municipal funds in monthly installments. The city council may provide by ordinance for the provision of insurance, retirement, workers compensation, and other employee benefits to the mayor and members of the city council and may provide by ordinance for the reimbursement of expenses actually and necessarily incurred by the mayor and members of the city council in carrying out their official duties. SECTION 2.15. Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or 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 1398 JOURNAL OF THE HOUSE records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act. SECTION 2.16. Removal of officers. (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.15 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of five councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Fulton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Fulton County following a hearing on a complaint seeking such removal brought by any resident of the City of Johns Creek. WEDNESDAY, FEBRUARY 22, 2006 1399 ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES SECTION 3.10. General power and authority. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. SECTION 3.11. Organization. (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk or the mayor-elect if the office of clerk is vacant. The city clerk or any judge shall administer the oaths required by Chapter 3 of Title 45 of the O.C.G.A. and the following oath: "I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America." (b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore 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. SECTION 3.12. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. SECTION 3.13. Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance and shall hold at least one regular meeting each month. (b) Special meetings of the city council may be held on call of the mayor or four members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the 1400 JOURNAL OF THE HOUSE meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. SECTION 3.14. Procedures. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor. SECTION 3.15. Voting. (a) Except as otherwise provided in subsection (c) of this section, four councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. For voting and quorum purposes, the mayor shall be counted as one of the councilmembers. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. No councilmember shall abstain from voting except in the case of a conflict of interest or if absent when a motion being voted upon was made. The councilmember shall provide a specific explanation of the conflict, and the explanation shall be recorded in the journal. (b) Except as otherwise provided in this charter, the affirmative vote of a majority of the councilmembers present shall be required for the adoption of any ordinance, resolution, or motion. (c) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. SECTION 3.16. Ordinances. (a) Every proposed ordinance shall be introduced in writing and in the form required for WEDNESDAY, FEBRUARY 22, 2006 1401 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 Johns Creek hereby ordains..." and every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or 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 3.18 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. SECTION 3.17. Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance. SECTION 3.18. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of a majority of the councilmembers present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. SECTION 3.19. Codes. (a) The city council may adopt any standard code of technical regulations by reference 1402 JOURNAL OF THE HOUSE thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. SECTION 3.20. Codification of ordinances. (a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Johns Creek, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 3.21. Submission of ordinances to the mayor. (a) Every ordinance, resolution, and other action adopted by the council shall be presented promptly to the mayor for signature. Except for council approval of appointments to committees, boards, and commissions, the employment of any appointed officer, internal affairs, or matters which must be approved by the voters, the mayor may veto any action adopted by the city council. WEDNESDAY, FEBRUARY 22, 2006 1403 (b) The veto must be exercised no later than the next regular city council meeting following the meeting at which the action was taken. If an action is disapproved, the mayor shall submit to the council a written statement of the reasons for the mayor's veto. (c) An action vetoed by the mayor shall automatically be on the agenda at the next regular meeting of the city council for reconsideration. If the minimum number of councilmembers necessary to vote on overriding the veto are not present, the action may be continued until the next meeting at which the minimum number of councilmembers are present. Such action shall not become effective unless it is readopted by the affirmative votes of at least five councilmembers within 60 days of the veto and for this purpose the mayor shall vote as a councilmember. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance or resolution. The approved part or parts of any ordinance or resolution making appropriations shall become law, and the part or parts disapproved or reduced shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this charter. (e) If an ordinance or resolution has been signed by the mayor, it shall become effective. If an ordinance or resolution is neither approved nor disapproved by the next regular meeting of the city council, it shall become effective. SECTION 3.22. Powers and duties of the mayor. (a) The mayor shall be the chief executive officer of the city government, a member of and the presiding officer of the city council, and responsible for the efficient and orderly administration of the city's affairs. The mayor shall be responsible for the enforcement of laws, rules, regulations, ordinances, and franchises in the city. The mayor may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as specified in this charter or as may be provided by ordinance consistent with this charter. (b) The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the advocate of policy; (3) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing; (4) See that all laws and ordinances of the city are faithfully executed; (5) Vote on any motion, resolution, ordinance, or other question before the council and vote on any matter before a committee on which he or she serves; (6) Obtain short term loans in the name of the city when authorized by the city council to do so; (7) Appoint city council committees and appoint councilmembers to oversee and report on the functions of the various departments of the city; 1404 JOURNAL OF THE HOUSE (8) Require the city manager to meet with him or her at a time and place designated for consultation and advice upon the affairs of the city; (9) Name qualified residents of the city to boards and commissions with approval of the city council; (10) Nominate the city attorney, city clerk, city tax collector, and city accountant, subject to ratification by the city council; (11) Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted by the mayor, any councilmember, the city manager, and the city attorney; and (12) Fulfill and perform such other duties as are imposed by this charter and duly adopted ordinances. (c) The mayor shall in his or her sole discretion appoint an executive aide to the mayor. The executive aide shall serve at the pleasure of the mayor. The executive aide shall receive a salary comparable to that of city department heads, which salary shall be fixed by the mayor. The executive aide shall report directly to the mayor. The duties and responsibilities of the executive aide shall at all times be as set forth by the mayor. The executive aide shall have the authority, upon the specific request of the mayor, to act on behalf of the mayor in the mayor's ceremonial or administrative capacity. The executive aide shall have no authority to act on behalf of the mayor in a legislative or executive capacity. SECTION 3.23. City manager; appointment, qualification, and compensation. The mayor shall appoint for an indefinite term an officer whose title shall be the "city manager" and the city manager shall serve at the pleasure of the mayor. The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her executive and administrative qualifications with special reference to his or her educational background and actual experience in, and knowledge of, the duties of office as hereinafter prescribed. SECTION 3.24. City manager; chief administrative officer. The city manager shall be the chief administrative officer of the government of the City of Johns Creek. The city manager must devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and council for the proper and efficient administration of the affairs of the city over which said officer has jurisdiction. SECTION 3.25. City manager; powers and duties enumerated. WEDNESDAY, FEBRUARY 22, 2006 1405 The city manager shall have the power, and it shall be his or her duty to: (1) See that all laws and ordinances are enforced; (2) Appoint and employ all necessary employees of the city, provided that excepted from the power of this appointment are those officers and employees who by this Act are appointed or elected by the mayor or council or departments not under the jurisdiction of the city manager; (3) Remove employees employed by said officer without the consent of the council and without assigning any reason therefore; (4) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the council except as otherwise provided in this Act; (5) Attend all meetings of the council with a right to take part in the discussions, but having no vote. The city manager shall be entitled to notice of all special meetings; (6) Recommend to the council, after prior review and approval by the mayor, for adoption such measures as the city manager may deem necessary or expedient; (7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and upon knowledge of any violation thereof to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same; (8) Make and execute all lawful contracts on behalf of the city as to matters within said officer's jurisdiction to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the council; (9) Act as budget officer to prepare and submit to the council, after review and approval by the mayor, prior to the beginning of each fiscal year a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (10) Keep the council at all times fully advised as to the financial condition and needs of the city; (11) Make a full written report to the council on the first of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the clerk of the city; (12) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (13) Perform such other duties as may be prescribed by this Act or required by ordinance or resolution of the council. SECTION 3.26. Council interference with administration. 1406 JOURNAL OF THE HOUSE Except for the purpose of inquiries and investigations under Section 2.08 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the manager solely through the manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 3.27. Selection of mayor pro tempore. There shall be a mayor pro tempore elected from among the councilmembers by the city council. The initial mayor pro tempore shall serve for a term expiring December 31, 2007, and successors shall serve for terms of four years. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember. A vacancy in the position of mayor pro tempore resulting from the mayor pro tempore ceasing to serve as a councilmember or from any other cause shall be filled for the remainder of the unexpired term in the same manner as the original election. SECTION 3.28. Mayor pro tempore. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore of the city council, or in such person's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. A councilmember acting as mayor shall have only one vote. A councilmember acting as mayor shall have veto power in the case of disability of the mayor but not in the case of absence of the mayor. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest. ARTICLE IV ADMINISTRATIVE AFFAIRS SECTION 4.10. Department heads. (a) Except for the offices of city manager and executive aide to the mayor, the council, by ordinance, may establish, abolish, merge, or consolidate nonelective offices, positions of employment, departments, and agencies of the city as they shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may WEDNESDAY, FEBRUARY 22, 2006 1407 transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. The council may also contract with private or governmental parties for the performance of the functions of any such offices, departments, or agencies. (b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by the city council. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of the director's department or agency. (e) The city manager may suspend directors. The director involved may appeal to the city council which, after a hearing, may override the suspension. Any removal of a director shall be by the city council. 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 mayor subject to approval 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 the office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of the city council. 1408 JOURNAL OF THE HOUSE (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice-chairperson, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. SECTION 4.12. City attorney. The mayor shall nominate a city attorney subject to ratification by the council 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 mayor. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required by virtue of the position of city attorney. The city council shall provide for the compensation of the city attorney. SECTION 4.13. City clerk. The mayor shall nominate a city clerk who shall not be a councilmember subject to ratification by the council. The city clerk shall serve at the pleasure of the mayor. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council shall provide for the compensation of the city clerk. SECTION 4.14. City tax collector. The mayor shall nominate a city tax collector subject to ratification by the council. The city tax collector shall serve at the pleasure of the mayor. The city tax collector shall 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 council shall provide for the compensation of the city tax collector. WEDNESDAY, FEBRUARY 22, 2006 1409 SECTION 4.15. City accountant. The mayor shall nominate a city accountant subject to ratification by the council. The city accountant shall serve at the pleasure of the mayor. The city council shall provide for the compensation of the city accountant. SECTION 4.16. Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE V JUDICIAL BRANCH SECTION 5.10. Municipal court. There shall be a court to be known as the Municipal Court of the City of Johns Creek. SECTION 5.11. Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or stand-by judges as shall be provided by ordinance. The chief judge shall be appointed by resolution of the city council and the method of selection and terms of any other judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall have been a member of the State Bar of Georgia for a minimum of three years. (c) Compensation of the chief judge and other judges shall be fixed by the city council. The position of chief judge shall not be a full-time position, and the person serving as chief judge may engage in the private practice of law. 1410 JOURNAL OF THE HOUSE (d) The chief judge shall serve a term of four years, coincident with the term of the mayor, but may be removed for cause by a vote of five members of the city council or upon action taken by the Judicial Qualification Commission. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter. SECTION 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 5.13. Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed the statutory limits for fines and imprisonment for such municipal court. (c) The municipal court may fix punishment for offenses within its jurisdiction, including both fines and imprisonment or alternative sentencing, provided that such fines or imprisonment does not exceed the statutory limits as now exist or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. WEDNESDAY, FEBRUARY 22, 2006 1411 (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. SECTION 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Fulton County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 5.15. Rules. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE VI FINANCE SECTION 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. 1412 JOURNAL OF THE HOUSE SECTION 6.11. Millage. (a) The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. (b) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731, unless a higher millage rate is recommended by resolution of the city council and subsequently approved by a majority of the eligible voters of the city by referendum. This millage rate limit shall apply to the millage rate actually levied and shall not apply to the hypothetical millage rate computed under subsection (a) of Code Section 48-8-91 of the O.C.G.A., relating to conditions on imposition of the joint county and municipal sales tax. SECTION 6.12. Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. SECTION 6.13. Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. SECTION 6.14. Franchises. WEDNESDAY, FEBRUARY 22, 2006 1413 The city council shall have the power to grant franchises for the use of this city's 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. Utilities/infrastructure fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.16. Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.17. Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. 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 1414 JOURNAL OF THE HOUSE execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. SECTION 6.19. Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. SECTION 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. SECTION 6.21. Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. SECTION 6.22. Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. SECTION 6.23. Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The city council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A. WEDNESDAY, FEBRUARY 22, 2006 1415 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 the city manager may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. SECTION 6.25. Adoption. (a) The city council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. SECTION 6.26. Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that 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 1416 JOURNAL OF THE HOUSE 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 any recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter. (b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by any recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council. SECTION 6.29. Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. SECTION 6.30. Procurement and property management. WEDNESDAY, FEBRUARY 22, 2006 1417 No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter. SECTION 6.31. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.32. Sale of property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law, as well as any abandoned or surplus property. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. SECTION 6.33. General homestead exemption. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Johns Creek, except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. 1418 JOURNAL OF THE HOUSE (b) Each resident of the City of Johns Creek is granted an exemption on that person's homestead from City of Johns Creek ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Johns Creek, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Johns Creek, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Johns Creek, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Johns Creek, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SECTION 6.34. General homestead exemption for citizens age 65 or over. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Johns Creek except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. WEDNESDAY, FEBRUARY 22, 2006 1419 (b) Each resident of the City of Johns Creek who is a senior citizen is granted an exemption on that person's homestead from City of Johns Creek ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Johns Creek, or the designee thereof, giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Johns Creek, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Johns Creek, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Johns Creek, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SECTION 6.35. Homestead exemption for citizens age 65 or over meeting certain income requirements. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Johns Creek, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. 1420 JOURNAL OF THE HOUSE (3) "Income" means adjusted gross income as such term is defined in the Internal Revenue Code of 1986, as such code is defined in Code Section 48-1-2 of the O.C.G.A., except that for purposes of this section the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Johns Creek who is a senior citizen is granted an exemption on that person's homestead from City of Johns Creek ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Johns Creek, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Johns Creek, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Johns Creek, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Johns Creek, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. WEDNESDAY, FEBRUARY 22, 2006 1421 (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SECTION 6.36. Homestead exemption for citizens age 70 or over and disabled persons meeting certain income requirements. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Johns Creek, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means adjusted gross income determined pursuant to the Internal Revenue Code of 1986, as amended, for federal income tax purposes, except that for the purposes of this section the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. (4) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Johns Creek who is a senior citizen or who is disabled is granted an exemption on that person's homestead from City of Johns Creek ad valorem taxes for municipal purposes for the full value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act for the immediately preceding year. (c)(1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Johns Creek, or the designee thereof, giving the person's age, 1422 JOURNAL OF THE HOUSE income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Johns Creek, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Johns Creek, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Johns Creek, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. 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. 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 7.12. Definitions and construction. WEDNESDAY, FEBRUARY 22, 2006 1423 (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.13. Qualified electors. (a) For the purposes of the referendum elections provided for in Section 7.14 of this Act the qualified electors shall be those qualified electors of Fulton County residing within the areas described in Appendixes A and B of this charter. (b) For the purposes of the special election to be held on the Tuesday after the first Monday in November, 2006, the qualified electors shall be those qualified electors of Fulton County residing within the City of Johns Creek, as determined according to the results of the election provided for in Section 7.14 of this Act. (c) At subsequent municipal elections, the qualified electors of the City of Johns Creek shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (d) Only for the purpose of holding and conducting the referendum election provided for by Section 7.14 of this Act and only for the purpose of holding and conducting the special election of the City of Johns Creek to be held on the Tuesday after the first Monday in November, 2006, the election superintendent of Fulton County is vested with the powers and duties of the election superintendent of the City of Johns Creek and the powers and duties of the governing authority of the City of Johns Creek. SECTION 7.14. Referendum. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call two special elections for the purpose of submitting this Act to the qualified voters, as provided in subsection (a) of Section 7.13 of this charter, for approval or rejection. The superintendent shall set the date of such elections for the date of the general primary in 2006. The superintendent shall issue the call for such elections at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the elections to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words: "( ) YES Shall the creation of the City of Johns Creek and the granting of the ( ) NO homestead exemptions described in the Act creating the City of Johns Creek be approved?" 1424 JOURNAL OF THE HOUSE All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." The expense of the special elections set forth in this section shall be borne by Fulton County. It shall be the duty of the superintendent to hold and conduct such elections. It shall be his or her further duty to certify the results thereof to the Secretary of State. (b) One special election provided for in subsection (a) of this section shall be held and conducted in the area described in Appendix A of this charter and one such special election shall be held in the area described in Appendix B of this charter. The votes of each special election shall be counted separately, and the results shall be as follows: (1) If more than one-half of the votes cast on such question in the special election in the area described in Appendix A of this charter are for approval of the Act, it shall become of full force and effect and the territorial limits of the city shall include the area described in Appendix A of this charter. Otherwise, if one-half or less of the votes cast on such question in the special election in the area described in Appendix A of this charter are for approval of the Act it shall thereafter be void and of no force or effect, regardless of the outcome of the special election in the area described in Appendix B of this charter; and (2) If more than one-half of the votes cast on such question in the special election in the area described in Appendix A of this charter are for approval of the Act and more than one-half of the votes cast on such question in the special election in the area described in Appendix B of this charter are for approval of the Act, the territorial limits of the city shall include the area described in Appendix B of this charter as well as the area described in Appendix A of this charter. If more than one-half of the votes cast on such question in the special election in the area described in Appendix A of this charter are for approval of the Act and one-half or less of the votes cast on such question in the special election in the area described in Appendix B of this charter are for approval of the Act, the territorial limits of the city shall include the area described in Appendix A but shall not include the area described in Appendix B of this charter. SECTION 7.15. Effective dates. (a) Sections 1.10 and 1.11 of this Act and those provisions of the Act necessary for the special election provided for in Section 7.14 of this charter shall become effective immediately upon this Act's approval by the Governor or upon its becoming law without such approval. (b) Those provisions of this Act necessary for the special election to be held on the Tuesday after the first Monday in November, 2006, as provided by Article II of this charter shall be effective upon the certification of the results of the referendum election provided for by Section 7.14 of this charter, if this Act is approved at such referendum election. (c) The remaining provisions of this Act shall become of full force and effect for all purposes on December 1, 2006, except that the initial mayor and councilmembers shall WEDNESDAY, FEBRUARY 22, 2006 1425 take office immediately following their election and by action of a quorum may prior to December 1, 2006, meet and take actions binding on the city. SECTION 7.16. Transition. (a) A period of time will be needed for an orderly transition of various government functions from Fulton County to the City of Johns Creek. Accordingly there shall be a transition period beginning on December 1, 2006, and ending at midnight on November 30, 2008. During such transition period, all provisions of this charter shall be effective as law, but not all provisions of this charter shall be implemented. (b) During such transition period, Fulton County shall continue to provide within the territorial limits of Johns Creek all government services and functions which Fulton County provided in that area at the time of enactment of this charter and at actual cost as provided pursuant to Code Section 36-31-8 of the O.C.G.A., except to the extent otherwise provided in this section; provided, however, that upon at least 30 days written notice to Fulton County by the City of Johns Creek, responsibility for any such service or function shall be transferred to the City of Johns Creek. Effective December 1, 2006, the City of Johns Creek shall collect taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of Johns Creek. Where a particular tax, fee, assessment, fine, forfeiture, or other amount collected is specifically related to the provision of a particular government service or function by Fulton County, the service or function shall continue to be provided by the county contingent upon payment by the city of the actual cost of providing such service or function unless otherwise provided in a written agreement between the city and the county. Any existing contract for the performance of a governmental service with a private person residing or doing business within the city limits shall not be altered or adversely affected by the establishment by this Act of the City of Johns Creek. (c) During the transition period, the governing authority of the City of Johns Creek: (1) Shall hold regular meetings and may hold special meetings as provided in this charter; (2) May enact ordinances and resolutions as provided in this charter; (3) May amend this charter by home rule action as provided by general law; (4) May accept gifts and grants; (5) May borrow money and incur indebtedness to the extent authorized by this charter and general law; (6) May levy and collect an ad valorem tax for calendar years 2007 and 2008; (7) May establish a fiscal year and budget; (8) May create, alter, or abolish departments, boards, offices, commissions, and agencies of the city; appoint and remove officers and employees; and exercise all necessary or appropriate personnel and management functions; and (9) May generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a 1426 JOURNAL OF THE HOUSE governmental service, function, or responsibility not yet provided or carried out by the city. (d) Except as otherwise provided in this section, during the transition period the Municipal Court of the City of Johns Creek shall not exercise its jurisdiction. During the transition period, all ordinances of Fulton County shall remain applicable within the territorial limits of Johns Creek and the appropriate court or courts of Fulton County shall retain jurisdiction to enforce such ordinances. Upon notice by the City of Johns Creek, Fulton County shall transfer all or part of such regulatory authority and the appropriate court jurisdiction to the City of Johns Creek as contained in such notice. Any transfer of jurisdiction to the City of Johns Creek during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in Fulton County or the pending prosecution of any violation of any ordinance of Fulton County. (e) During the transition period, the governing authority of Johns Creek may at any time, without the necessity of any agreement by Fulton County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of Johns Creek commencing to exercise its planning and zoning powers, the Municipal Court of the City of Johns Creek shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (f) Effective upon the termination of the transition period, subsections (b) through (e) of this section shall cease to apply except for the last sentence of subsection (d) which shall remain effective. Effective upon the termination of the transition period, the City of Johns Creek shall be a full functioning municipal corporation and subject to all general laws of this state. SECTION 7.17. Directory nature of dates. It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause, delay in securing approval under the federal Voting Rights Act, or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing it is specifically provided that: (1) If it is not possible to hold the referendum election provided for in Section 7.14 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable; and (2) If it is not possible to hold the first municipal election provided for in Section 2.11 of this Act on the date specified in that section, then there shall be a special WEDNESDAY, FEBRUARY 22, 2006 1427 election for the initial members of the governing authority to be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. SECTION 7.18. Charter commission. At the first regularly scheduled city council meeting, five years after the inception of the City of Johns Creek, the mayor and city council shall create a charter commission to review the city's experience and recommend to the General Assembly any changes to the city charter. All members of the charter commission must reside in the City of Johns Creek. The commission must complete the recommendations within six months of its creation. SECTION 7.19. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. SECTION 7.20. General repealer. All laws and parts of laws in conflict with this Act are repealed. APPENDIX A The corporate limits of the City of Johns Creek shall include that portion of Fulton County described as follows if approved by the voters as described in Section 7.14 of this charter: Commencing at the northeasterly point of Fulton County, Georgia at the point where Fulton County, Georgia intersects the westerly county line of Gwinnett County, Georgia, the southerly county line of Forsyth County, Georgia, as the boundaries existed on January 1, 2006, and the Chattahoochee River; running thence generally southwesterly along the southeastern line of Fulton County where it intersects the northeasterly line of Gwinnett County, following the meanderings of the Chattahoochee River, to the point where said Fulton-Gwinnett County line intersects the dividing line 1428 JOURNAL OF THE HOUSE between Fulton County Voting Precincts NC11A and NC06, as they existed on January 1, 2006; thence leaving said Fulton-Gwinnett County line, running northwesterly along said dividing line between voting precincts to its intersection with Barnwell Road; thence following Barnwell Road northeasterly to the point where said right-of-way intersects with Jones Bridge Road; thence following Jones Bridge Road northerly to the point where said right-of-way intersects with Old Alabama Road; thence following the right-of-way of Old Alabama Road west to the point where said right-of-way intersects with the right-of-way of Brumbelow Road; thence following the right-of-way of Brumbelow Road south to the point where said right-of-way intersects with the south land lot line of Land Lot 924, 1st District, 2nd Section, Fulton County, Georgia, said point also being the southeastern corner of that certain parcel of land (Fulton County tax id# 12318008950488, according to the parcel numbering system existing on January 1, 2006) described in that certain Quit Claim Deed, dated May 5, 1997, recorded in Deed Book 22692, page 012, Official Deed Records of Fulton County, Georgia, said point further representing the southeasterly corner of Newtown Park; thence leaving said right-of-way running west along the south line of Land Lots 924 and 895, aforesaid District and Section, to a point at the intersection of Land Lots 894, 895, 869 and 870, aforesaid District and Section, said point also being the southwest corner of Newtown Park; thence running north along the west land lot line of Land Lot 895 to a point to its northernmost point adjacent to the east boundary of the Chartwell Subdivision, as set out on that certain plat entitled Final Subdivision Plat of Chartwell, Unit 1, Phase 1, by Travis Pruitt & Associates, Inc., recorded at Plat Book 188, page 49, Official Deed Records of Fulton County, Georgia; thence leaving said land lot line following the east boundary of the Chartwell Subdivision northwesterly to Old Alabama Road; thence running along the right-of-way of Old Alabama Road to its intersection with the northeast corner of the Old Alabama Square Shopping Center as set out on that certain plat entitled Old Alabama Square, Exemption Plat, by Post, Buckley, Schuh & Jernigan, Inc., recorded at Plat Book 220, page 124, Official Deed Records of Fulton County, Georgia; thence leaving said right-of-way running south and southwest along the east line of said shopping center parcel (said line also being set out on the aforementioned plat of Chartwell Subdivision) to a point at the southeast corner of said shopping center parcel; thence running west along the south line of said shopping center parcel to a point at the centerline of a creek, the same being located at the southwest corner of said shopping center parcel, said point also being located on the east property line of that certain parcel of land (Fulton County tax id# 12304008391576, according to the parcel numbering system existing on January 1, 2006) said parcel being described in that certain General Warranty Deed, dated June 24, 1999, recorded in Deed Book 27358, page 340, Official Deed Records of Fulton County, Georgia; thence running southerly along the meanderings of said creek along the east line of said parcel of land (Fulton County tax id# 12304008391576) to its intersection with the south land lot line of Land Lot 840, aforesaid District and Section; thence leaving the centerline of said creek running west along the south line of land lots 840 and 817 to its intersection with the easterly boundary of City of Roswell, Georgia, WEDNESDAY, FEBRUARY 22, 2006 1429 as said boundary existed on January 1, 2006, at the right-of-way of Nesbit Ferry Road; thence running south along said right-of-way of Nesbit Ferry Road to the point where said right-of-way intersects the east land lot line of Land Lot 787, aforesaid District and Section; thence leaving said right-of-way running northeasterly along the easterly boundary of the City of Roswell, Georgia, following the courses and distances thereof, to a point in Land Lot 867, aforesaid District and Section, where said boundary line intersects the northwest corner of the Magnolia Park Subdivision as set out on that certain plat entitled Final Plat for Magnolia Park, by Post, Buckley, Schuh & Jernigan, Inc., recorded at Plat Book 224, page 89, Official Deed Records of Fulton County, Georgia, said point also lying on the south line of the Willow Springs Subdivision, as set out on that certain plat entitled Final Plat Willow Springs S/D, Unit 5, by Mayes Sudderth & Etheridge, Inc., recorded at Plat Book 116, page 40, Official Deed Records of Fulton County, Georgia; thence leaving said boundary line of the City of Roswell, Georgia, running southwest along the west line of said Magnolia Park Subdivision to a point at the southwest corner of said Magnolia Park Subdivision; thence running east, north and east along the south line of said Magnolia Park Subdivision to the point where said line intersects with Haynes Bridge Road at the southeast corner of said Magnolia Park Subdivision; thence running north along the right-of-way of Haynes Bridge Road, to the point in Land Lot 867, aforesaid District and Section, at the northerly intersection of said right-of-way with the east boundary line of the aforementioned Final Plat Willow Springs S/D, Unit 5; thence leaving said right-of-way running west along the boundary line of the Willow Springs Subdivision to a point on the west land lot line of Land Lot 867, aforesaid District and Section; thence continuing north along said east boundary line of Willow Springs Subdivision following the west land lot line of Land Lots 867 and 866, aforesaid District and Section, to the point at the intersection of Land Lots 843, 844, 865 and 866, aforesaid District and Section, said point also lying on the south boundary line of that certain Wentworth Subdivision as set out on that certain plat entitled Final Plat for Wentworth, by Hayes, James & Associates, recorded at Plat Book 214, page 129, Official Deed Records of Fulton County, Georgia; thence running west along the south boundary of Wentworth Subdivision, and Land Lot 844, aforesaid District and Section, to a point at the southwest corner of said subdivision; thence leaving said land lot line running north along the west boundary of said Wentworth Subdivision, following the courses and distances thereof across the right-of-way of Haynes Bridge Road, to a point at the northwest corner of said Wentworth Subdivision, said point being located on the north line of Land Lot 844, aforesaid District and Section; thence running east along the north line of said Wentworth Subdivision, along the north lines of Land Lots 844 and 865, aforesaid District and Section, to a point at the northeast corner of said subdivision; thence leaving said land lot line, running south along the east boundary of said Wentworth Subdivision to the point at which said boundary line intersects the northerly point of that certain parcel of land (Fulton County tax id# 12302008650447, according to the parcel numbering system existing on January 1, 2006) described in that certain Deed, dated September 1, 2004, recorded in Deed Book 38424, page 122, Official Deed 1430 JOURNAL OF THE HOUSE Records of Fulton County, Georgia; thence running southeast and southerly along the east property line of said parcel of land to a point, said point also lying at the northeast corner of that certain parcel of land (Fulton County tax id# 12302008650173, according to the parcel numbering system existing on January 1, 2006) described in that certain Deed, dated September 2, 2004, recorded in Deed Book 38424, page 118, Official Deed Records of Fulton County; thence running south along the east line of said parcel of land (Fulton County tax id# 12302008650173) to a point at the southeast corner of said parcel of land; thence running southwest along the southeast property line of said parcel of land (Fulton County tax id# 12302008650173) to a point on the right-of-way of Haynes Bridge Road; thence following the right-of-way of Haynes Bridge Road southeast to the intersection of Haynes Bridge Road and Alvin Road; thence running northeasterly along Alvin Road to a point at its intersection in Land Lot 898, aforesaid District and Section, with the southeast corner of the Berkshire Manor Subdivision, Unit One, as set out on that certain plat recorded in the Official Deed Records of Fulton County, Georgia; thence running north along the east boundary of said Berkshire Manor Subdivision following said east boundary of the Berkshire Manor Subdivision along Unit One, Unit Three, and Unit Five thereof, to the point at which said east boundary intersects the south line of Land Lot 900 the same lying at the southwest corner of the Summer Trace Subdivision as set out on that certain plat entitled Final Plat for Summer Trace, Unit Two, by Civil Design, Inc., recorded at Plat Book 149, page 5, Official Deed Records of Fulton County, Georgia; thence running east along said south land lot line to point at the intersection of said land lot line and the southeast corner of Lot 104 of set forth on said Summer Trace Subdivision Plat; thence leaving said land lot line running northwest along the northeast property line of said Lot 104 to the north corner of said lot 104, said point also being located at the southwest corner of Unit III of the Summer Trace Subdivision as set out on that certain Final Plat for Summer Trace, Unit III, by Civil Design, Inc., recorded at Plat Book 153, page 1, Official Deed Records of Fulton County, Georgia; thence running northwest along the westerly line of said Unit III of the Summer Trace Subdivision following the courses and distances thereof to a point at its intersection with the City of Alpharetta, Georgia, as it existed on January 1, 2006, at Long Indian Creek; thence following said boundary line of the City of Alpharetta, Georgia southeasterly along the meanderings of Long Indian Creek to the point where Long Indian Creek intersects the easterly line of Land Lot 864, aforesaid District and Section, there leaving said boundary line of the City of Alpharetta, Georgia; thence continuing along the meanderings of Long Indian Creek easterly to the point where Long Indian Creek intersects the east line of Land Lot 918, aforesaid District and Section; thence leaving Long Indian Creek running south along said east land lot line of Land Lot 918 to the point where said east line intersects with the north line of Land Lot 11, 1st District, 1st Section of Fulton County, Georgia; thence running east along said north land lot line of said Land Lot 11 to a point where said land lot line intersects with that certain Storm Drain Line located northeasterly from the northeastern line of Timberstone Subdivision, Section III, as set out on that certain plat entitled Final Subdivision Map for Timberstone Section III, by Urban WEDNESDAY, FEBRUARY 22, 2006 1431 Engineers, Inc., recorded at Plat Book 115, page 81, Official Deed Records of Fulton County, Georgia; thence following the meanderings of said Storm Drain Line southeasterly in said Land Lot 11 to the point where said Storm Drain Line intersects with the south line of said Land Lot 11; thence running east along said south line of said Land Lot 11 to the point at the intersection of Land Lots 11, 12, 35 and 36, aforesaid District and Section; thence running south along the east line of said Land Lot 12 to the point where said land lot line intersects with the southwest corner of Lauren Hall Subdivision, as set out on that certain plat entitled Final Plat of Lauren Hall Subdivision, by Watts & Browning Engineers, Inc., dated February 13, 1995, recorded at Plat Book 186, page 2, Official Deed Records of Fulton County, Georgia; thence running easterly along the south line of said Lauren Hall Subdivision following the courses and distances thereof to a point on the northwesterly right-of-way of Jones Bridge Road; thence running northeast along said northwesterly right-of-way of Jones Bridge Road to the point at which said right-of-way intersects the northeast right-ofway of Waters Road; thence leaving said right-of-way of Jones Bridge Road running northwest along said northeast right-of-way of Waters Road to a point at the northwesterly corner of that certain parcel of land (Fulton County tax id# 11018000580174, according to the parcel numbering system existing on January 1, 2006) described in that certain Warranty Deed, dated January 2, 1996, recorded in Deed Book 20494, page 331, Official Deed Records of Fulton County, Georgia; thence leaving said right-of-way running northeasterly along the northerly property line of said parcel of land to a point at the northeast corner of said parcel of land, said point also constituting the northwesterly corner of that certain parcel of land (Fulton County tax id# 11018000581370, according to the parcel numbering system existing on January 1, 2006) described in that certain Warranty Deed, dated April 19, 2002, recorded in Deed Book 32301, page 65, Official Deed Records of Fulton County, Georgia; thence running northeasterly along the northerly property line of said parcel of land (Fulton County tax id# 11018000581370) to a point at the northeast corner of said parcel of land, said point being located on the southwesterly property line of that certain parcel of land (Fulton County tax id# 11018000570290, according to the parcel numbering system existing on January 1, 2006) described in that certain Warranty Deed, dated October 10, 2001, recorded in Deed Book 31201, page 149, Official Deed Records of Fulton County, Georgia; thence running northwesterly along said southwesterly property line to a point at the northwest corner of said parcel of land; thence running southeasterly along the northwesterly property line to a point at the northeast corner of said parcel of land, said point being located on the east land lot line of Land Lot 58, aforesaid District and Section; thence running north along the east line of Land Lots 58, 57, and 56, aforesaid District and Section, to a point at the intersection of Land Lots 55, 56, 77 and 78, aforesaid District and Section; thence running east along the north line of Land Lots 77 and 96, aforesaid District and Section, to a point at the intersection of Land Lots 95, 96, 115 and 116, aforesaid District and Section; thence running south along the east line of said Land Lot 96 to a point located at the northwesterly corner of that certain parcel of land (Fulton County tax id# 11028001150240, according to the 1432 JOURNAL OF THE HOUSE parcel numbering system existing on January 1, 2006) described in that certain Executor's Deed, dated May 28, 2003, recorded in Deed Book 35203, page 391 Official Deed Records of Fulton County, Georgia; thence leaving said land lot line running east along the north property line of said parcel of land (Fulton County tax id# 11028001150240), to a point on the westerly right-of-way of Buice Road; thence following said right-of-way northerly and westerly to the point where said right-of-way intersects the east line of Land Lot 94, aforesaid District and Section, said point being located on the east boundary of Ocee Park; thence leaving said right-of-way running south along said east line to a point at the intersection of Land Lots 94, 95, 116, and 117, aforesaid District and Section; thence running west along the south line of said Land Lot 94 to a point at the intersection of Land Lots 78, 79, 94 and 95, aforesaid District and Section; running thence north along the west line of said Land Lot 94 to a point at the intersection of Land Lots 79, 80, 93 and 94, aforesaid District and Section; thence running east along the north line of said Land Lot 94 to a point located at the southeast corner of that certain parcel of land (Fulton County tax id# 11027000930164, according to the parcel numbering system existing on January 1, 2006) the same being set forth on that certain plat entitled Final Plat for Donald Allen Fuqua, by BrumbelowReese & Assoc., Inc., dated November 10, 1983, recorded at Plat Book 133, page 16, Official Deed Records of Fulton County, Georgia; thence leaving said land lot line running northwesterly along the east property line of said parcel of land to a point on the southeast right-of-way of Kimball Bridge Road; thence running northeast along said right-of-way to the intersection of said right-of-way and the east right-of-way of Buice Road; thence leaving said right-of-way of Kimball Bridge Road running southeasterly along the east right-of-way of Buice Road, following the courses and distances thereof, to the point at the intersection of said right-of-way and the south line of Land Lot 116, aforesaid District and Section, said point being located at the southwest corner of the Pinewalk Subdivision, Unit One, as set forth on that certain plat entitled Final Plat Unit One Pinewalk Subdivision, by Engineering and Surveying, Inc., recorded at Plat Book 158, page 101, Official Deed Records of Fulton County, Georgia; thence leaving said right-of-way of Buice Road running east along the south line of Land Lots 116 and 133, aforesaid District and Section, along the south property line of said Pinewalk Subdivision to a point at the southeast corner of said subdivision; thence leaving said land lot line running north along the east property line of said Pinewalk Subdivision, Unit One, as shown on said plat, to a point at the northeast corner of said Pinewalk Subdivision; thence running west along the north line of said Pinewalk Subdivision, Unit One, as shown on said plat, to the point at which said property line intersects with the west land lot line of said Land Lot 133; thence running north along the west land lot line of Land Lot 133, 132 and 131, aforesaid District and Section to a point at the intersection of Land Lots 118, 119, 130 and 131, aforesaid District and Section; thence running west along the south line of said Land Lot 119, 100.31 feet to a point at the intersection of said land lot line and the a point immediately south of the southeast corner of The Pines at Kimball Bridge, Unit One, as set forth on that certain plat entitled Final Plat of: The Pines at Kimball Bridge, Unit One, by Hayes, James & WEDNESDAY, FEBRUARY 22, 2006 1433 Associates, recorded at Plat Book 140, page 33, Official Deed Records of Fulton County, Georgia; thence leaving said south land lot line running north to and along the east line of said subdivision continuing along said course across the right-of-way of Kimball Bridge Road to a point on the northwesterly right-of-way of Kimball Bridge Road; thence running northeasterly following said northwesterly right-of-way of Kimball Bridge Road to a point at the intersection of said right-of-way with the westerly right-of-way of Fox Road; thence running northerly along said westerly rightof-way of Fox Road to a point where said right-of-way intersects with the south line of Land Lot 196, aforesaid District and Section; thence leaving said right-of-way running east along the south line of Land Lots 196 and 232, aforesaid District and Section to a point at the intersection of said land lot line and the southeast corner of that certain Windward / Southpointe Development as set forth on that certain plat entitled Final Plat for Windward Properties, Inc. Being Pod 39, Blocks I, J &K, Windward / Southpointe, by Rochester Associates, Inc., recorded at Plat Book 159, page 130, Official Deed Records of Fulton County, Georgia; thence leaving said south land lot line running north along the east property line of said Windward / Southpointe Development to a point where said east property line intersects with the north line of Land Lot 232, aforesaid District and Section; thence running east along the north lines of Land Lots 232 and 233, aforesaid District and Section to the point at the intersection of said land lot line of Land Lot 233 and the northwest right-of-way of Jones Bridge Road; thence leaving said land lot line running northeast along said northwest right-of-way of Jones Bridge Road to the point where said right-of-way intersects the east line of Land Lot 1256, 2nd District, 1st Section, Fulton County, Georgia; running thence north along the east line of Land Lots 1256, 1231, 1190 and 1165, aforesaid District and Section, to the northerly point of Laurel Cove Subdivision Unit II on said east line of said Land Lot 1165 as set forth on that certain plat entitled Final Plat Laurel Cove Unit II, Douglas Road (Formerly Known as Huntington Trace Subdivision Unrecorded), by Patterson & Smith, Inc., dated October 2, 2001, last revised August 7, 2002, recorded at Plat Book 231, page 88, Official Deed Records of Fulton County, Georgia; thence leaving said land lot line running northwesterly along the northeasterly property line of said Unit II of said subdivision, following the courses and distances thereof, to the point where said property line intersects the easterly property line of Laurel Cove Subdivision, Unit I, as set forth on that certain plat entitled Final Plat Laurel Cove / Douglas Road, dated May 3, 2001, recorded at Plat Book 238, page 74, Official Deed Records of Fulton County, Georgia, thence continuing northerly, following the courses and distances of Unit I thereof, to the point at which said easterly property line of said Laurel Cove Subdivision, Unit I, intersects with the north land lot line of Land Lot 1165, aforesaid District and Section; thence running east along the north line of Land Lot 1165, aforesaid District and Section, to a point located at the intersection of Land Lots 1124, 1125, 1164 and 1165, aforesaid District and Section; thence leaving said land lot line running northwest, southwest and northwest along the easterly property line of the Calumet Subdivision as set forth on that certain plat entitled Final Plat of Calumet, by Watts & Browning Engineers, dated January 16, 1991, revised January 23, 1434 JOURNAL OF THE HOUSE 1991, recorded at Plat Book 171, page 14, Official Deed Records of Fulton County, Georgia, to the point where said easterly property line intersects the southerly right-ofway of Old McGinnis Ferry Road; thence running westerly along the right-of-way of said Old McGinnis Ferry Road to the westerly point of said Calumet Subdivision adjacent to said right-of-way; thence leaving said right-of-way running southerly and easterly along the north property line of said Calumet Subdivision to the point where said north property line intersect the southeast corner of that certain parcel of land (Fulton County tax id# 21572011240102, according to the parcel numbering system existing on January 1, 2006) described in that certain Warranty Deed, dated April, 1982, recorded in Deed Book 8114, page 202 Official Deed Records of Fulton County, Georgia; thence leaving said north property line of Calumet Subdivision running north along the east property line of said parcel of land (Fulton County tax id# 21572011240102) following the course thereof to a point on the line dividing Fulton County, Georgia and Forsyth County, Georgia; running thence southeasterly along said Fulton-Forsyth County line to the point where said line intersects the westerly county line of Gwinnett County and the Chattahoochee River, said point being the point of beginning. All references and points set out herein are as of January 1, 2006 unless otherwise stated. APPENDIX B The corporate limits of the City of Johns Creek shall include that portion of Fulton County described as follows if approved by the voters as described in Section 7.14 of this charter: Commencing at the point where the line dividing Fulton County, Georgia and Gwinnett County, Georgia, as they existed on January 1, 2006, intersects the dividing line between Fulton County Voting Precincts NC11A and NC06, as they existed on January 1, 2006; thence leaving said Fulton-Gwinnett County line, running northwesterly along said dividing line between voting precincts to its intersection with Barnwell Road; thence following Barnwell Road northeasterly to the point where said right-of-way intersects with Jones Bridge Road; thence following Jones Bridge Road northerly to the point where said right-of-way intersects with Old Alabama Road; thence following the right-of-way of Old Alabama Road west to the point where said right-of-way intersects with the right-of-way of Brumbelow Road; thence following the right-of-way of Brumbelow Road south to the point where said right-of-way intersects with the south land lot line of Land Lot 924, 1st District, 2nd Section, Fulton County, Georgia, said point also being the southeastern corner of that certain parcel of land (Fulton County tax id# 12318008950488, according to the parcel numbering system existing on January 1, 2006) described in that certain Quit Claim Deed, dated May 5, 1997, recorded in Deed Book 22692, page 012, Official Deed Records of Fulton County, Georgia, said point further representing the southeasterly corner of Newtown Park; thence leaving said right-of-way running west along the south line of Land Lots 924 and 895, aforesaid District and Section, to a point at the intersection of Land Lots 894, 895, 869 and 870, WEDNESDAY, FEBRUARY 22, 2006 1435 aforesaid District and Section, said point also being the southwest corner of Newtown Park; thence running north along the west land lot line of Land Lot 895 to a point to its northernmost point adjacent to the eastern boundary of the Chartwell Subdivision, as set out on that certain plat entitled Final Subdivision Plat of Chartwell, Unit 1, Phase 1, by Travis Pruitt & Associates, Inc., recorded at Plat Book 188, page 49, Official Deed Records of Fulton County, Georgia; thence leaving said land lot line following the eastern boundary of the Chartwell Subdivision northwest to Old Alabama Road; thence running along the right-of-way of Old Alabama Road to its intersection with the northeast corner of the Old Alabama Square Shopping Center as set out on that certain plat entitled Old Alabama Square, Exemption Plat, by Post, Buckley, Schuh & Jernigan, Inc., recorded at Plat Book 220, page 124, Official Deed Records of Fulton County, Georgia; thence leaving said right-of-way running south and southwest along the east line of said shopping center parcel (said line also being set out on the aforementioned plat of Chartwell Subdivision) to a point at the southeast corner of said shopping center parcel; thence running west along the south line of said shopping center parcel to a point at the centerline of a creek, the same being located at the southwest corner of said shopping center parcel, said point also being located on the east property line of that certain parcel of land (Fulton County tax id# 12304008391576, according to the parcel numbering system existing on January 1, 2006) said parcel being described in that certain General Warranty Deed, dated June 24, 1999, recorded in Deed Book 27358, page 340, Official Deed Records of Fulton County, Georgia; thence running southerly following the meanderings of said creek along the east line of said parcel of land (Fulton County tax id# 12304008391576) to its intersection with the south land lot line of Land Lot 840, aforesaid District and Section; thence leaving the centerline of said creek running west along the south line of land lots 840 and 817 to its intersection with the easterly boundary of City of Roswell, Georgia, as it existed on January 1, 2006, at the right-of-way of Nesbit Ferry Road; thence running south along Nesbit Ferry Road, and said eastern boundary of the City of Roswell, Georgia, to a point in Land Lot 832, aforesaid District and Section, where said eastern boundary of the City of Roswell, Georgia leaves the right-of-way of Nesbit Ferry Road; thence continuing south along the right-of-way of Nesbit Ferry Road to the point where said eastern boundary of the City of Roswell, Georgia re-intersects said right-of-way; thence continuing south along said right-of-way of Nesbit Ferry Road and the eastern boundary of the City of Roswell, Georgia to the intersection of Nesbit Ferry Road and Holcomb Bridge Road; thence continuing south along the eastern boundary of the City of Roswell, Georgia along, leaving, and re-intersecting with Holcomb Bridge Road to the point at the intersection of said eastern boundary of the City of Roswell, Georgia and the Chattahoochee River, said point being located on the line dividing Fulton County, Georgia and Gwinnett County, Georgia; thence leaving said eastern boundary of the City of Roswell, Georgia running northeast along the FultonGwinnett County line, following the meanderings of the Chattahoochee River, to a point, said point being the point of beginning. All references and points set out herein are as of January 1, 2006 unless otherwise stated. 1436 JOURNAL OF THE HOUSE APPENDIX C CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION I, Representative Mark Burkhalter, Georgia State Representative from the 50th District and the author of this bill introduced at the 2006 Session of the General Assembly of Georgia, which grants an original municipal charter to the City of Johns Creek do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A. So certified, this ______ day of ____________________, 20__. ________________________________ Representative, 50th District Georgia House of Representatives The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard E Barnes Y Bearden N Beasley-Teague N 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 Byrd Y Crawford E Cummings Davis Day Y Dean Y Dickson Y Dodson Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin E Freeman Y Gardner Y Geisinger E Golick Graves, D Y Hill, C.A N Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May Y McCall E McClinton Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell 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 Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin WEDNESDAY, FEBRUARY 22, 2006 1437 Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman, B E Coleman, T Cooper Y Cox Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree Henson Y Hill, C Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Roberts E Rogers Y Royal Y Rynders Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 138, nays 8. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Graves of the 137th and Meadows of the 5th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1040. By Representatives Williams of the 4th, Dickson of the 6th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 48-8-39 of the Official Code of Georgia Annotated, relating to the effect of use other than retention, demonstration, or display by the giver of certain certification or by the processor, manufacturer, or converter of tangible personal property, so as to define the total raw material cost of carpet samples for certain fair market valuation purposes; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Crawford E Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Drenner Y Dukes Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Morgan Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield 1438 JOURNAL OF THE HOUSE 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 Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman, B E Coleman, T Y Cooper Y Cox Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin E Freeman Y Gardner Y Geisinger E 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 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 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 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 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 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 Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Heard of the 114th 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 1190. By Representatives Wilkinson of the 52nd, Willard of the 49th, Geisinger of the 48th, Jones of the 46th and Ashe of the 56th: A BILL to be entitled an Act to amend Code Section 32-10-64 of the Official Code of Georgia Annotated, relating to the toll powers of the State Road and Tollway Authority, so as to modify and clarify the processes by which collection of unpaid tolls may be accomplished; to alter the fees and penalties which may be assessed for failure to pay the proper toll; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL WEDNESDAY, FEBRUARY 22, 2006 1439 To amend Code Section 32-10-64 of the Official Code of Georgia Annotated, relating to the toll powers of the State Road and Tollway Authority, so as to modify and clarify the processes by which collection of unpaid tolls may be accomplished; to alter the fees and penalties which may be assessed for failure to pay the proper toll; to amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to enforcement of the provisions relating to registration and licensing of motor vehicles, so as to provide for suspension of the offender's motor vehicle registration for multiple violations of the toll provisions; 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 32-10-64 of the Official Code of Georgia Annotated, relating to the toll powers of the State Road and Tollway Authority, is amended by striking subsection (c) in its entirety and inserting in its place the following: "(c)(1) No motor vehicle shall be driven or towed through a toll collection facility, where appropriate signs have been erected to notify traffic that it is subject to the payment of tolls beyond such sign, without payment of the proper toll. In the event of nonpayment of the proper toll, as evidenced by video or electronic recording, the registered owner of such vehicle shall be liable to make prompt payment to the authority of the proper toll and an administrative fee of $25.00 per violation to recover the cost of collecting the toll. The authority or its authorized agent shall provide notice to the registered owner of a vehicle, and a reasonable time to respond to such notice, of the authority's finding of a violation of this subsection. Upon failure of the registered owner of a vehicle to pay the proper toll and administrative fee to the authority after notice thereof and within the time designated in such notice, the registered owner shall be cited for a violation of this subsection and, upon conviction, shall be subject to the payment of a fine of not less than $50.00 nor more than $100.00 for each and every violation of this subsection and any other fine or penalty that may be prescribed by law for such violations. In the prosecution of an offense, proof that the vehicle was operated in violation of this subsection, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall constitute in evidence a rebuttable presumption that such registered owner of the vehicle was the person who committed the violation. Such presumption shall be rebutted if the registered owner of the vehicle testifies in open court under oath that he was not the operator of the vehicle at the time of the violation. The court of the local jurisdiction in which the violation occurred shall be authorized to assess and collect such fine, in addition to any court costs, provided that the court shall also collect the proper toll and administrative fee and forward such toll and fee to the authority. the authority may proceed to seek collection of the proper toll and the administrative fee as debts owing to the authority, in such manner as the authority deems appropriate and as permitted under law. If the authority finds multiple failures 1440 JOURNAL OF THE HOUSE by a registered owner of a vehicle to pay the proper toll and administrative fee after notice thereof and within the time designated in such notice, the authority may refer the matter to the Office of State Administrative Hearings. The scope of any hearing held by the Office of State Administrative Hearings shall be limited to consideration of evidence relevant to a determination of whether the registered owner has failed to pay, after notice thereof and within the time designated in such notice, the proper toll and administrative fee. The only affirmative defense that may be presented by the registered owner of a vehicle at such a hearing is theft of the vehicle, as evidenced by presentation at the hearing of a copy of a police report showing that the vehicle has been reported to the police as stolen prior to the time of the alleged violation. A determination by the Office of State Administrative Hearings of multiple failures to pay by a registered owner of a vehicle shall subject such registered owner to imposition of, in addition to any unpaid tolls and administrative fees, a civil monetary penalty payable to the authority of not more than $70.00 per violation. Upon failure by a registered owner to pay to the authority, within 30 days of the date of notice thereof, the amount determined by the Office of State Administrative Hearings as due and payable for multiple violations of this subsection, the motor vehicle registration of such registered owner shall be immediately suspended by operation of law. The authority shall give notice to the Department of Revenue of such suspension. Such suspension shall continue until the proper toll, administrative fee, and civil monetary penalty as have been determined by the Office of State Administrative Hearings are paid to the authority. Actions taken by the authority under this subsection shall be made in accordance with policies and procedures approved by the members of the authority. (2) The registered owner of a vehicle which is observed being driven or towed through a toll collection facility without payment of the proper toll may avoid liability under this subsection by presenting to the authority a copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation. (3) For purposes of this subsection, for any vehicle which is registered to an entity other than a natural person, the term 'registered owner' shall be deemed to refer to the natural person who is the operator of such motor vehicle at the time of the violation of this subsection, but only if the entity to which the vehicle is registered has supplied to the authority, within 60 days following notice from the authority or its authorized agent, information in the possession of such entity which is sufficient to identify and give notice to the natural person who was the operator of the motor vehicle at the time of the violation of this subsection." SECTION 2. Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to enforcement of the provisions relating to registration and licensing of motor vehicles, is amended by inserting a new Code Section 40-2-135.1 immediately following Code Section 40-2-135, relating to revocation of license plates, to read as follows: WEDNESDAY, FEBRUARY 22, 2006 1441 "40-2-135.1. As provided in subsection (c) of Code Section 32-10-64, the motor vehicle registration of any owner who has failed to pay, within 30 days of the date of notice thereof, the amount determined by the Office of State Administrative Hearings as due and payable for one or more violations of such subsection, shall be immediately suspended by operation of law." SECTION 3. This Act shall become effective on January 1, 2007. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Y Crawford E Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin E Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Jackson Y Jacobs 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 Y Lucas Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 N Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler 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 Watson Y Wilkinson Y Willard Y Williams, A 1442 JOURNAL OF THE HOUSE Y Cole Y Coleman, B E Coleman, T Y Cooper Y Cox Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Rice Y Roberts E Rogers Y Royal Y Rynders Y Williams, E Y Williams, R Y Wix Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 158, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Borders of the 175th 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 Wilkinson of the 52nd District, Chairman of the Committee on Ethics, submitted the following report: Mr. Speaker: Your Committee on Ethics has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1141 Do Pass, by Substitute Respectfully submitted, /s/ Wilkinson of the 52nd Chairman Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1187 Do Pass, by Substitute HB 1219 Do Pass, by Substitute HB 1272 Do Pass, by Substitute HB 1293 Do Pass WEDNESDAY, FEBRUARY 22, 2006 1443 Respectfully submitted, /s/ O'Neal of the 146th Chairman Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1325. By Representatives Lewis of the 15th, Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th and Wix of the 33rd: A BILL to be entitled an Act to amend Code Section 46-4-155 of the O.C.G.A., relating to regulation of unbundled services, peaking service, customer services, and interstate capacity assets with regard to the distribution, storage, and sale of gas, so as to provide for definitions; to provide for the requirements upon which the electing distribution company shall include proposed strategic infrastructure assets in the capacity supply and strategic infrastructure plan; to provide for the information that must be filed with any capacity supply and strategic infrastructure plan; to provide that the Public Service Commission shall not in a subsequent proceeding fail to approve any long-term capacity assets and any strategic infrastructure assets which were included in a plan previously approved by the commission; to provide for cost recovery; to provide for legislative findings and declarations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Code Section 46-4-155 of the Official Code of Georgia Annotated, relating to regulation of unbundled services, peaking service, customer services, and interstate capacity assets with regard to the distribution, storage, and sale of gas, so as to provide for definitions; to provide for the requirements upon which the electing distribution company may file strategic infrastructure asset proposals with the Public Service Commission; to provide for the information that must be filed with any strategic infrastructure asset proposal; to provide for a public hearing on the proposal; to provide for a procedure for the Public Service Commission to approve or disapprove such a strategic infrastructure asset proposal; to provide that the Public Service Commission shall not in a subsequent proceeding disapprove any strategic infrastructure assets which were previously approved by the commission; to provide for cost recovery; to provide for legislative findings and declarations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 1444 JOURNAL OF THE HOUSE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly finds and declares as follows: (1) The high and rising cost of natural gas has caused financial hardship on homeowners, small businesses, and low-income citizens of Georgia; (2) The rising demand for natural gas as a clean-burning fuel source coupled with a limited supply of natural gas will continue to boost heating and electricity costs; (3) Elba Island Liquefied Natural Gas Terminal on the Georgia coast is one of the nation's key receiving points for imported natural gas; (4) The provision of an increased diversity of natural gas supplies to Georgia will offset part of the need for supplies from the Gulf of Mexico and will help stabilize or lower the price for natural gas in Georgia, helping to create a favorable energy market for Georgia consumers; (5) More natural gas capacity and supply is necessary to accommodate economic development and job creation in Georgia; (6) A favorable energy market in Georgia will aid economic development, help attract new jobs, and help to secure existing jobs; (7) More competition in delivering natural gas will put a downward pressure on prices which could lead to lower prices for Georgians; and (8) In order to meet the energy demands of Georgians and the rest of this nation and to benefit the Georgia economy, there is a need to provide means of accessing and delivering natural gas within this state. SECTION 2. Code Section 46-4-155 of the Official Code of Georgia Annotated, relating to regulation of unbundled services, peaking service, customer services, and interstate capacity assets with regard to the distribution, storage, and sale of gas, is amended by adding a new subsection (f) to read as follows: "(f)(1) As used in this subsection, the term: (A) 'LNG' means liquefied natural gas. (B) 'Strategic infrastructure asset' means intrastate assets providing access to the imported liquefied natural gas market through the Elba Island LNG Terminal facility on the Georgia coast for firm distribution service to retail customers. (C) 'Strategic infrastructure asset cost' means costs that include, but are not limited to, feasibility studies, preliminary engineering, facility and system modeling, engineering design and procedure development, permits, utility service extensions, bidding, material and equipment attainment, site preparation, legal services, environmental compliance, utility locating, construction, labor, materials and equipment, project management services, testing, inspections, community outreach, public meetings, land rights attainment, erosion control, land surveys, safety and fire protection, site remediation, and security. WEDNESDAY, FEBRUARY 22, 2006 1445 (2) The electing distribution company may file a strategic infrastructure asset proposal with the commission when the construction of such additional assets will provide for at least two of the following: (A) A lower total proposal cost compared to the cost of the best alternative proposal using only interstate capacity assets to meet its forecast system requirements; (B) Greater reliability of delivery of gas supply to and within its system for firm distribution service to retail customers; (C) A more economical gas supply for retail customers by providing access to a greater diversity of gas supply sources; or (D) The overall best interest of the natural gas consumers in the state. (3) Any such strategic infrastructure asset proposal shall include such reasonable detail regarding the proposed strategic infrastructure assets as the commission may require including a description of the strategic infrastructure to be constructed, acquired, or modified; an explanation of the need for such strategic infrastructure investment; the projected cost of the infrastructure investment; and the projected schedule for completion. (4) Not less than 30 days after the filing of a strategic infrastructure asset proposal by an electing distribution company, the commission shall commence a public hearing on the proposal. The electing distribution company's testimony shall be under oath and shall, with any corrections thereto, constitute the electing distribution company's affirmative case. At any hearing conducted pursuant to this paragraph, the burden of proof to show that the strategic infrastructure asset proposal meets the requirements of paragraph (2) of this subsection shall be upon the electing distribution company. For the commission to approve any strategic infrastructure asset proposal, it must find that the requirements of paragraph (2) of this subsection are met. (5) Following such a hearing, the commission shall either approve or deny the strategic infrastructure asset proposal and shall not modify the electing distribution company's proposal related to such strategic infrastructure assets. Should the commission fail or refuse to issue an order by the ninetieth day after the electing distribution company's filing which either approves or disapproves the strategic infrastructure asset proposal filed by the electing distribution company, the strategic infrastructure asset proposal filed by the electing distribution company shall thereupon be deemed approved by operation of law. (6) After the approval of a strategic infrastructure asset proposal, the commission shall not in a subsequent proceeding disapprove the strategic infrastructure assets which were previously approved, and the commission shall provide for cost recovery of such strategic infrastructure assets separate and apart from the electing distribution company's base rates as more fully described in paragraph (7) of this subsection. (7) The electing distribution company shall file the estimated cost of any strategic infrastructure asset proposal. Any order approving a strategic infrastructure asset proposal shall include cost recovery for the electing distribution company of the actual cost of the strategic infrastructure assets pursuant to the provisions set forth in this subsection absent a showing of fraud, concealment, failure to disclose a material 1446 JOURNAL OF THE HOUSE fact, imprudence, or criminal misconduct. The electing distribution company shall be entitled to recover 100 percent of the actual strategic infrastructure asset costs not to exceed the estimated cost filed with the commission by more than 15 percent. If such actual strategic infrastructure asset cost exceeds the estimated cost filed with the commission by more than 15 percent, then the electing distribution company shall be entitled to recover the amount that exceeds the filed estimate by more than 15 percent only if such costs are shown by the electing distribution company to have been reasonable and prudent. The commission shall provide for cost recovery by a monthly strategic infrastructure charge to the marketers that shall not be placed in and that shall be maintained separate and apart from the base rates of the electing distribution company. Each marketer may identify the strategic infrastructure asset cost as a separate item on a customer's monthly bill. Should a marketer elect to identify such charge, the line item shall specifically state the purpose of the charge and said charge shall be collected as provided by law or previous orders of the commission. (8) The cost of strategic infrastructure assets shall be recovered by the electing distribution company upon the completion of the construction based on the net incremental cost. The commission shall provide for a recovery mechanism that shall be in the form of an incremental charge, separate and apart from the then existing rates of the electing distribution company. The rate shall be determined by calculating the electing distribution company's net investment (invested capital less accumulated depreciation and accumulated deferred income taxes) multiplied by the pre-tax rate of return plus the incremental operating and maintenance costs associated with the strategic infrastructure assets. The return on investment and depreciation used in the computation of this charge shall be the same as those determined by the commission in the last fully litigated rate case before the commission by the electing distribution company. The cost as estimated of newly proposed strategic infrastructure assets included in a strategic infrastructure asset proposal shall not exceed 25 percent of the electing distribution company's rate base at the time of the filing of the proposal." 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 ruled not germane: Representative Lucas of the 139th et al. move to amend the Committee substitute to HB 1325 by striking all matter on lines 1 through 26 of page 1, lines 1 through 36 of page 2, lines WEDNESDAY, FEBRUARY 22, 2006 1447 1 through 37 of page 3, and lines 1 through 29 of page 4 and inserting in lieu thereof the following: To amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, known as the "Natural Gas Competition and Deregulation Act," so as to require the Public Service Commission to declare an emergency and regulate the delivery of natural gas to retail customers in this state; to provide for the applicability of certain laws with respect to the Public Service Commission's regulation of the delivery of natural gas to retail customers in this state; to authorize the Public Service Commission to promulgate and adopt rules and regulations; to authorize the merger of an electing distribution company and its affiliate marketer; to provide that nothing in this Act shall be construed to impair the obligation of any contract; to provide for contracts between electing distribution companies and marketers, between marketers and retail customers, between electing distribution companies and the regulated provider, and between the regulated provider and the Public Service Commission or the state; to provide that upon the expiration of certain contracts, electing distribution companies shall be prohibited from distributing natural gas to certain marketers and the regulated provider; to provide for the assignment of retail customers whose marketer no longer sells natural gas in intrastate commerce to retail customers; to provide for transfer and distribution of moneys in the universal service fund; 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 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, known as the "Natural Gas Competition and Deregulation Act," is amended by adding four new Code sections as follows: 46-4-167. On July 1, 2006, the Public Service Commission shall declare an emergency in the delivery of natural gas in this state. After the declaration of such emergency, the alternative form of regulation of the natural gas industry shall no longer be effective and Code Sections 46-2-23.1 and 46-4-150 through 46-4-166 shall no longer be applicable to regulation of the natural gas industry, gas companies, and persons or companies selling natural gas in intrastate commerce to retail customers in this state. After the declaration of such an emergency, electing distribution companies, marketers, and the regulated provider selected in accordance with Code Section 46-4-166, heretofore governed by the provisions of this article, shall be governed by provisions of law other than Code Sections 46-2-23.1 and 46-4-150 through 46-4-166 and by rules and regulations of the commission not in conflict with such other laws. 46-5-168. After the declaration of an emergency as provided in Code Section 46-5-167, an 1448 JOURNAL OF THE HOUSE electing distribution company and its affiliate marketer may merge into a single gas company to be regulated in the same manner as gas companies were regulated prior to the issuance of a certificate of authority as provided in Code Section 46-4-153 and the implementation of this article. Such a gas company shall be regulated by provisions of law other than Code Sections 46-2-23.1 and 46-4-150 through 46-4-166 and by rules and regulations of the commission not in conflict with such other laws. 46-5-169. (a) Except as otherwise provided by this Code section, contracts between an electing distribution company and a marketer, between a marketer and a retail customer, between an electing distribution company and the regulated provider, between the regulated provider and a retail customer, and between the regulated provider and the Public Service Commission or the State of Georgia shall remain valid and enforceable unless otherwise terminated by the parties thereto. (b) Upon the declaration of an emergency as provided in Code Section 46-5-167, an electing distribution company and any marketer may, upon mutual agreement, elect to terminate a contract which provides for the distribution of natural gas from the electing distribution company to the marketer. Upon such a mutual agreement, any retail customers of such marketer, which ceases to engage in the business of providing natural gas in intrastate commerce to retail customers in this state, shall be assigned to the electing distribution company which distributed natural gas to the marketer or to such gas company's affiliate marketer. Any such marketer which ceases to engage in such business shall be required to furnish all records and billing information relating to its retail customers to the gas company or its affiliate marketer to which the retail customers are assigned. (c) On and after the date of the declaration of an emergency as provided in Code Section 46-5-167, marketers shall be prohibited from renewing a contract with a retail customer or executing a new contract with a retail customer the terms of which would extend beyond the date of the expiration of the contract existing on the date of the declaration of an emergency between the electing distribution company and the marketer which provides for the distribution of natural gas from the electing distribution company to the marketer. (d) After the declaration of an emergency as provided in Code Section 46-5-167 and upon the expiration of any contract between an electing distribution company and a marketer which provides for the distribution of natural gas from the electing distribution company to the marketer, other than a contract with the electing distribution company's affiliate marketer, the electing distribution company shall be prohibited from any further distribution to such marketer of any natural gas to be resold in intrastate commerce to retail customers in this state. (e) On and after the date of the declaration of an emergency as provided in Code Section 46-5-167, the regulated provider selected in accordance with Code Section 464-166 shall be prohibited from executing a contract or renewing a contract with the electing distribution company that provides for the distribution of natural gas from the WEDNESDAY, FEBRUARY 22, 2006 1449 electing distribution company to such regulated provider the terms of which would extend beyond the date of the termination of any contract between such regulated provider and the Public Service Commission or the State of Georgia for the sale of natural gas in Georgia in accordance with Code Section 46-4-166. (f) On and after the date of the declaration of an emergency as provided in Code Section 46-5-167, the regulated provider selected in accordance with Code Section 464-166 shall be prohibited from executing a contract or renewing a contract with any retail customer in Georgia that provides for the distribution of natural gas to the retail customer the terms of which would extend beyond the date of the termination of any contract between such regulated provider and the Public Service Commission or the State of Georgia for the sale of natural gas in Georgia in accordance with Code Section 46-4-166. (g) On and after the date of the declaration of an emergency as provided in Code Section 46-5-167 and upon the expiration of any contract between the regulated provider and an electing distribution company that provides for the distribution of natural gas from the electing distribution company and the expiration of any contract between such regulated provider and the Public Service Commission or the State of Georgia for the sale of natural gas in Georgia in accordance with Code Section 46-4166, the electing distribution company shall be prohibited from any further distribution to such regulated provider of any natural gas to be resold in intrastate commerce to retail customers in this state. (h) On and after the date of the declaration of an emergency as provided Code Section 46-5-167 and upon the expiration of any contract between the regulated provider and an electing distribution company that provides for the distribution of natural gas from the electing distribution company and the expiration of any contract between such regulated provider and the Public Service Commission or the State of Georgia for the sale of natural gas in Georgia in accordance with Code Section 46-4-166, any moneys in the universal service fund created in accordance with Code Section 46-4-161 shall be transferred to the Department of Human Resources for distribution to low and fixed income consumers of natural gas in accordance with Code Section 46-1-5. (i) Nothing in this Code section shall be construed to impair the obligation of any contract. 46-5-170. The Public Service Commission is authorized to promulgate and adopt rules and regulations necessary to carry out the provisions of Code Sections 46-4-167 through 464-169. SECTION 2. This Act shall become effective July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 1450 JOURNAL OF THE HOUSE The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard E Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce Y Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox N Crawford E Cummings Y Davis Y Day N Dean Y Dickson Y Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin E Freeman N Gardner Y Geisinger N Golick Y Graves, D Y Graves, T Y Greene N Hanner Y Harbin 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, E N Hudson N Hugley Jackson N Jacobs N James N Jamieson Y Jenkins Y Jennings Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell N Morgan Y Morris N Mosby Y Mosley N Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts E Rogers Y Royal Y Rynders N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre 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, the ayes were 110, nays 59. The Bill, having received the requisite constitutional majority, was passed, by substitute. WEDNESDAY, FEBRUARY 22, 2006 1451 Representative Jackson of the 161st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. HB 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. The following Committee substitute was read: A BILL To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that the Georgia Procurement Registry shall be used in addition to 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. 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 in Chapter 80, relating to general provisions applicable to counties, municipal corporations, and other government entities, by inserting at the end thereof a new Code Section 36-80-21 to read as follows: "36-80-21. Each bid opportunity of a municipal corporation, county, or local board of education for goods and services valued at $40,000.00 or more and each bid opportunity for public 1452 JOURNAL OF THE HOUSE works construction contracts valued at $100,000.00 or more shall be advertised by such respective local government entity by means of the Georgia Procurement Registry as established in Code Section 50-5-69, in addition to the official legal organ of the municipal corporation, county, or local board of education in the same manner as required by Code Section 36-91-20. Advertisement by means of the Georgia Procurement Registry shall be at no cost to the municipal corporation, county, or local board of education. Each advertisement shall include such details and specifications as will enable the public to know the extent and character of the bid opportunity." SECTION 2. Said title is further amended in Code Section 36-91-20, relating to contracting and bidding requirements for public works construction contracts, by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: "(b) Prior to entering into a public works construction contract other than those exempted by Code Section 36-91-22, a governmental entity shall publicly advertise the contract opportunity. Such notice shall be posted conspicuously in the governing authority's office and shall be advertised via the Georgia Procurement Registry established under subsection (b) of Code Section 50-5-69. In addition, such contract opportunity shall be advertised in the legal organ of the county or by electronic means on an Internet website of the governmental entity or an Internet website identified by the governmental entity. Contract opportunities shall be advertised a minimum of two times, with the first advertisement occurring at least four weeks prior to the opening of the sealed bids or proposals. The second advertisement shall follow no earlier than two weeks from the first advertisement. Plans and specifications shall be available on the first day of the advertisement and shall be open to inspection by the public. The advertisement shall include such details and specifications as will enable the public to know the extent and character of the work to be done. All required notices of advertisement shall also advise of any mandatory prequalification requirements or prebid conferences as well as any federal requirements pursuant to subsection (d) of Code Section 36-91-22." SECTION 3. This Act shall become effective on July 1, 2006. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Fleming of the 117th moves to amend the Committee substitute to HB 833 as follows: page 1, line 21: WEDNESDAY, FEBRUARY 22, 2006 1453 -strike: "in addition to" -and add in lieu of: "and my be advertised in" page 2, line 9: -strike: "shall" -and add in lieu of: "may". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard 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 Crawford E Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin E Freeman Y Gardner Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 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 Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 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 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 1454 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, as amended, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 986. By Representatives Lunsford of the 110th, Ehrhart of the 36th, Ralston of the 7th, Willard of the 49th and Lindsey of the 54th: A BILL to be entitled an Act to amend Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions to preserve testimony in criminal proceedings may be taken, so as to allow depositions to be taken of persons who are not legal residents of the United States under certain circumstances; 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 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions for preservation of evidence in criminal proceedings may be taken, so as to provide for the preservation of evidence of certain nationals of foreign states who have not been lawfully admitted for permanent residence in the United States; 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. Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions for preservation of evidence in criminal proceedings may be taken, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: "(b) The court shall not order the taking of the witness's testimony, except as provided in paragraph (2) of subsection (a) of this Code section, unless it appears to the satisfaction of the court that the testimony of the witness is material to the case and the witness: (1) Is in imminent danger of death; (2) Has been threatened with death or great bodily harm because of the witness's status as a potential witness in a criminal trial or proceeding; (3) Is about to leave the state and there are reasonable grounds to believe that such witness will be unable to attend the trial; WEDNESDAY, FEBRUARY 22, 2006 1455 (4) Is so sick or infirm as to afford reasonable grounds to believe that such witness will be unable to attend the trial; or (5) Is being detained as a material witness and there are reasonable grounds to believe that the witness will flee if released from detention; or (6) Is a national of a foreign state who has not been lawfully admitted for permanent residence in the United States. For purposes of this paragraph, the terms 'national,' 'foreign state,' and 'lawfully admitted for permanent residence' shall have the meaning as provided in 8 U.S.C. Section 1101." 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 Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Crawford E Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin E Freeman Y Gardner Y Geisinger Y Golick Graves, D Y Graves, T Y Greene Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Knight Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y 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 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 1456 JOURNAL OF THE HOUSE Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Mangham Y Manning Marin Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts E Rogers Y Royal Y Rynders Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Jamieson of the 28th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. The Speaker Pro Tem assumed the Chair. HB 1177. By Representatives Smith of the 129th, Graves of the 12th, Smith of the 13th, Channell of the 116th, Wix of the 33rd and others: A BILL to be entitled an Act to amend Code Section 32-2-60 of the Official Code of Georgia Annotated, relating to Department of Transportation construction contracts, so as to provide for bonding amounts for certain projects; 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 32-2-60 of the Official Code of Georgia Annotated, relating to Department of Transportation construction contracts, so as to provide for bonding amounts for certain projects; 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 32-2-60 of the Official Code of Georgia Annotated, relating to Department of Transportation construction contracts, is amended by inserting after subsection (d) WEDNESDAY, FEBRUARY 22, 2006 1457 thereof a new subsection (e) to read as follows: "(e) When the estimated amount of any department construction contract exceeds $300 million, performance and payment bonds shall be required in the amount of at least the total amount payable by the terms of the contract unless the department, after public comment, makes a written recommendation to the board, supported by specific findings, and the board by vote in a public approved meeting, that single bonds in such amount are not reasonably available in the surety industry. Whereupon the amount of the value of the construction portion of the contract, excluding right of way acquisition and engineering, shall be guaranteed by combinations, as shall be determined in the discretion of the board, of performance and payment bonds, letters of credit and corporate guaranties, but in no case shall such aggregate assurances toward performance and payment: (1) Be composed of less than $300 million of performance and payment bonds; and (2) Equal less than 100 percent of the contractor's obligation under the construction portion of the contract, and shall be in accordance with Part 4 of Article 1 of Chapter 10 of Title 13 for the purposes of Code Section 13-10-61. Additionally, contractors shall provide the following certification under oath with each request for payment: 'All payments due to subcontractors and suppliers from previous payment received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification.'" 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 Crawford E Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L 1458 JOURNAL OF THE HOUSE Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin E 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 Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd 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 Marin 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 E Rogers Y Royal Y Rynders Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1390 Do Pass, by Substitute Respectfully submitted, /s/ Ehrhart of the 36th Chairman Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 881. By Representatives Chambers of the 81st, Burmeister of the 119th, Drenner of the 86th, Henson of the 87th, Reece of the 27th and others: WEDNESDAY, FEBRUARY 22, 2006 1459 A BILL to be entitled an Act to amend Code Section 43-29-7 of the Official 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. 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 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 Crawford E Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin E 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, E Y Hudson Y Hugley Y 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 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 Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 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 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 Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 161, nays 0. 1460 JOURNAL OF THE HOUSE The Bill, having received the requisite constitutional majority, was passed. HB 376. By Representatives Loudermilk of the 14th, Fleming of the 117th, Lunsford of the 110th, Lewis of the 15th, Mills of the 25th and others: A BILL to be entitled an Act to amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide exemption for a primary caregiver of a child who is four years of age or younger; to provide an exemption for a primary teacher of children in a home study program; to provide for related matters; to repeal conflicting laws; and for other purposes. 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 exemption for a primary caregiver of a child who is four years of age or younger; to provide an exemption for a primary teacher of children in a home study program; to provide for related matters; to repeal conflicting laws; and for other purposes. 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 striking subsection (a), and inserting in lieu thereof the following: "(a)(1) Any person who shows that he or she will be engaged during his or her term of jury duty in work necessary to the public health, safety, or good order or who shows other good cause why he or she should be exempt from jury duty may be excused by the judge of the court to which he or she has been summoned or by some other person who has been duly appointed by order of the chief judge to excuse jurors. Such a person may exercise such authority only after the establishment by court order of guidelines governing excuses. Any order of appointment shall provide that, except for permanently mentally or physically disabled persons, all excuses shall be deferred to a date and time certain within that term or the next succeeding term or shall be deferred as set forth in the court order. (2) Notwithstanding paragraph (1) of this subsection, any person who is a full-time student at a college, university, vocational school, or other postsecondary school who, during the period of time the student is enrolled and taking classes or exams, requests to be excused or deferred from jury duty shall be excused or deferred from jury duty. WEDNESDAY, FEBRUARY 22, 2006 1461 (3) Notwithstanding paragraph (1) of this subsection, any person who is the primary caregiver having active care and custody of a child under four years of age or younger, who executes an affidavit on a form provided by the court stating that such person is the primary caregiver having active care and custody of a child under four years of age or younger and stating that such person has no reasonably available alternative child care, and who requests to be excused or deferred shall be excused or deferred from jury duty. It shall be the duty of the court to provide affidavits for the purpose of this subsection paragraph and paragraph (4). (4) Notwithstanding paragraph (1) of this subsection, any person who is a primary teacher in a home study program as defined in subsection (c) of Code Section 20-2690 who, during the period of time the person is teaching, requests to be excused or deferred from jury duty shall be excused or deferred from jury duty." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Lindsey of the 54th and Loudermilk of the 14th move to amend the Committee substitute to HB 376 by striking the word "four" on line 3 of page 1 and inserting in lieu thereof the following: six By striking line 26 of page 1 and inserting in lieu thereof the following: caregiver having active care and custody of a child under four six years of age or younger, By striking lines 1 and 2 of page 2 and inserting in lieu thereof the following: primary caregiver having active care and custody of a child under four six years of age or younger and stating that such person has no reasonably available alternative child care, By striking line 9 of page 2 and inserting in lieu thereof the following: from jury duty and executes an affidavit on a form provided by the court stating that such person is the primary teacher in a home study program and stating that such person has no reasonably available alternative for the child or children in the home study program shall be excused or deferred from jury duty. The Committee substitute, as amended, was adopted. 1462 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y 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 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 E Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin E 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, E 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 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 Manning Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 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 Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 1097. By Representatives McCall of the 30th, Smith of the 129th, Scheid of the 22nd, Channell of the 116th, Floyd of the 147th and others: WEDNESDAY, FEBRUARY 22, 2006 1463 A BILL to be entitled an Act to amend Code Section 32-6-75 of the Official Code of Georgia Annotated, relating to restrictions on outdoor advertising signs authorized by Code Section 32-6-72 on the interstate system, primary highways, and other highways, so as to provide that no such signs may advertise the availability of certain entertainment which appeals to the prurient interest; to prohibit erecting certain signs having two faces on one visible side after a certain date; to permit certain types of nonmechanical multiple message signs subject to certain limitations; to impose certain height limitations on erecting such outdoor advertising signs subject to certain conditions after a certain date; to provide for procedures relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Code Section 32-6-75 of the Official Code of Georgia Annotated, relating to restrictions on outdoor advertising signs authorized by Code Section 32-6-72 on the interstate system, primary highways, and other highways, so as to provide that no such signs may advertise the availability of certain entertainment which appeals to the prurient interest; to prohibit erecting certain signs having two faces on one visible side after a certain date; to permit certain types of nonmechanical multiple message signs subject to certain limitations; to impose certain height limitations on erecting such outdoor advertising signs subject to certain conditions after a certain date; to provide for procedures relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 32-6-75 of the Official Code of Georgia Annotated, relating to restrictions on outdoor advertising signs authorized by Code Sections 32-6-72, is amended by striking the word "or" at the end of paragraph (20) of subsection (a), by striking the period at the end paragraph (21) of such subsection and inserting in lieu thereof the symbol and word "; or", and by inserting at the end of such subsection a new paragraph to read as follows: "(22) Advertises, either directly or indirectly, the availability of entertainment which features live performances by nude or seminude dancers, go-go dancers, strippers, or similar entertainment which the average person, applying contemporary community standards, would find appeals to the prurient interest." 1464 JOURNAL OF THE HOUSE SECTION 2. Said Code section is further amended by striking in its entirety paragraph (12) of subsection (a) and inserting in lieu thereof a new paragraph (12) to read as follows: "(12) Contains more than two faces visible from the same direction on the main traveled way; provided, however, that after July 1, 2006 no sign shall be erected that contains more than one face vertically stacked visible from the same direction on the main traveled way. Double-faced, back-to-back, and V-type constructed signs shall, for the purpose of determining compliance with size and spacing limitations, be considered as one sign;" SECTION 3. Said Code section is further amended by striking in its entirety paragraph (8) of subsection (a) and inserting in lieu thereof a new paragraph (8) to read as follows: "(8) If illuminated, contains, includes, or is illuminated by any flashing, intermittent, or moving light or lights except those giving public service information such as time, date, temperature, weather, or other similar information except as expressly permitted under subsection (c) of this Code section. The illumination of mechanical multiple message signs is not illumination by flashing, intermittent, or moving light or lights, except that no multiple message sign may include any illumination which is flashing, intermittent, or moving when the sign is in a fixed position;" SECTION 4. Said Code section is further amended by striking in its entirety paragraph (1) of subsection (c) and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) Multiple message signs shall be permitted on the interstate system, primary highways, and other highways under the following conditions: (A) Each mechanically operated multiple message sign shall remain fixed for at least ten seconds; (B) When a message is changed mechanically, it shall be accomplished in three seconds or less; (C) No such mechanical sign shall be placed within 5,000 feet of another mechanical multiple message sign on the same side of the highway; (D) Any such sign shall contain a default design that will freeze the sign in one position if a malfunction occurs; and (E) Any maximum size limitations shall apply independently to each side of a multiple message sign; and (F) Nonmechanical electronic multiple message signs that are otherwise in compliance with this subsection and are illuminated entirely by the use of light emitting diodes, back lighting, or any other light source shall be permitted under the following circumstances: (i) The displays on the electronic sign shall contain static messages only. Changes on the sign face shall occur only through dissolve or fade transitions, or other subtle transitions that do not have the appearance or illusion of continuous WEDNESDAY, FEBRUARY 22, 2006 1465 movement or continuous moving text or images. Any illumination which consists of flashing, scintillating or varying of light intensity shall be considered continuous movement. Each transitional change shall occur within two (2) seconds. (ii) If the department finds an electronic sign, any display or effect thereon, to cause glare or to impair the vision of the driver of any motor vehicle or which otherwise interferes with the safe operation of a motor vehicle, upon the department's request, the owner of the sign shall, within one hour, reduce the intensity of the sign to a level acceptable to the Department. The department's determination of interference or impairment caused by the intensity of the sign shall be at its sole discretion and failure to reduce lighting intensity on request shall be cause for revocation of the permit. (iii) The owner of any existing or nonconforming electronic sign shall have 180 days from the date this bill is signed into law to bring the electronic sign in compliance with the law and to request a permit from the department." SECTION 5. Said Code section is further amended by adding at the end thereof a new subsection (d) to read as follows: "(d) After July 1, 2006 the department shall not accept any application to construct any sign exceeding 70 feet in height as measured from the top of the sign to the road level. In exchange for an agreement by the owner with the department that the height thereof shall not thereafter be increased, any sign which is not more than 60 feet in height, or if not exceeding 70 feet is lowered at least ten feet, or if exceeding 70 feet is lowered to not more than 70 feet, shall receive the permit and renewals provided for by subsection (b) of Code Section 32-6-75.3 for not more than the fees set forth in subsection (d) of said Code section. Permits authorized hereunder shall be issued irrespective of paragraph ( 2) of subsection (b) and paragraph (1) of subsection (e) of said Code section in light of the substantial benefits so conferred. Any such agreement with any owner of one or more signs exceeding 70 feet shall require that at least one such sign be lowered to not more than 70 feet. For each sign exceeding 70 feet that is lowered to not more than 70 feet hereunder an additional permit and renewals hereunder may be obtained for any sign of the same owner not exceeding 70 feet. Lowering for the purposes hereof shall be permitted irrespective of otherwise applicable ordinances or regulations, and permits issued pursuant hereto shall allow removal irrespective of diameter restriction and over an area two times the horizontal distance otherwise applicable." SECTION 6. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such declaration or adjudication shall affect and invalidate the whole of the section in which such matter appears herein, but shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of 1466 JOURNAL OF THE HOUSE 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, but would not have passed any section of this Act containing or constituting an invalid or unconstitutional provision. SECTION 7. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment was read: Representative Jennings of the 82nd moved to amend the Committee substitute to HB 1097 by striking lines 24 through 26 of page 3 and inserting in lieu thereof the following: section. Any such agreement with any owner of one or more. Pursuant to Rule 133, Representative Cheokas of the 134th was excused from voting on HB 1097. On the adoption of the amendment, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson N Anderson Y Ashe N Barnard E Barnes N Bearden N Beasley-Teague Y Benfield N Benton N Black Y Bordeaux Y Borders N Bridges Y Brooks Y Brown Bruce N Bryant N Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns N Butler Y Byrd N Carter N Crawford E Cummings N Davis Y Day Y Dean N Dickson N Dodson N Dollar Y Drenner Dukes N Ehrhart N England Y Epps N Everson N Fleming N Floyd, H N Floyd, J N Fludd N Forster N Franklin E Freeman Y Gardner E Geisinger Y Golick N Graves, D N Graves, T N Hill, C.A N Holmes Holt Y Horne Y Houston Y Howard, E 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 N Keown N Kidd N Knight N Knox N Lakly N Lane, B N Lane, R Martin N Maxwell N May N McCall E McClinton Y Meadows E Millar N Mills Mitchell N Morgan N Morris Y Mosby N Mosley Y Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell N Ralston Y Sailor N Scheid N Scott, A N Scott, M Setzler Y Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker WEDNESDAY, FEBRUARY 22, 2006 1467 Casas Y Chambers N Channell Cheokas N Coan N Cole N Coleman, B Y Coleman, T Y Cooper N Cox Y Greene Y Hanner N Harbin Y Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson Y Hill, C N Lewis Y Lindsey Lord N Loudermilk Lucas N Lunsford N Maddox Mangham N Manning Marin Y Randall N Ray Y Reece, B N Reece, S N Reese N Rice N Roberts E Rogers N Royal N Rynders Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R N Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 72, nays 85. The amendment was lost. The following amendment was read and adopted: Representative Floyd of the 147th moves to amend the Committee substitute to HB 1097 by inserting after "section" on line 24 on page 3 the following: ; provided, however, that the applicant shall pay to the department as an additional fee pursuant to this subsection an amount equal to three times the appraised pulpwood value of all trees removed pursuant to each permit. The following amendment was read: Representative McCall of the 30th moves to amend the Committee substitute to HB 1097 by striking "an area two times the horizontal distance otherwise applicable" on lines 32 and 33 on page 3 and inserting in lieu thereof the following: a viewing zone of 500 horizontal feet parallel to the right of way in the direction of a face visible from the main traveled way. On the adoption of the amendment, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Amerson N Anderson N Ashe Y Barnard E Barnes Y Bearden Beasley-Teague N Benfield N Benton Y Black Y Crawford E Cummings Y Davis N Day N Dean Y Dickson Y Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y Hill, C.A N Holmes Holt Y Horne N Houston N Howard, E N Hudson N Hugley N Jackson N Jacobs N James N Martin Y Maxwell Y May Y McCall E McClinton N Meadows E Millar Y Mills Mitchell N Morgan Y Morris N Sailor Y Scheid N Scott, A Y Scott, M Setzler N Shaw N Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B 1468 JOURNAL OF THE HOUSE 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 N Byrd Y Carter N Casas N Chambers Y Channell Cheokas Y Coan Y Cole N Coleman, B N Coleman, T N Cooper Y Cox Y England N Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin E Freeman N Gardner E Geisinger N Golick Y Graves, D Y Graves, T N Greene N Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree N Henson N Hill, C N Jamieson N Jenkins N Jennings N Johnson Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight N Knox Y Lakly Y Lane, B Y Lane, R Y Lewis N Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox N Mangham Y Manning Marin N Mosby Y Mosley N Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver N O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell N Ralston N Randall Y Ray N Reece, B Y Reece, S Y Reese N Rice Y Roberts E Rogers Y Royal Y Rynders Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B N Tumlin N Walker N Warren N Watson N Wilkinson N Willard N Williams, A N Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the amendment, the ayes were 73, nays 90. The amendment was lost. The following amendment was read: Representative Lindsey of the 54th et al. move to amend the Committee substitute to HB 1097 by striking all matter on lines 7 and 8 on page 1 and inserting in place thereof the word "to". By striking Section 5 in its entirety. By renumbering Sections 6 and 7 as Sections 5 and 6, respectively. The following amendment was read: Representatives Mills of the 25th and Richardson of the 19th move to amend the Lindsey amendment to HB 1097 as follows: on page 1, of the Lindsey amendment (AM 34 0080), strike lines 2 through 5. WEDNESDAY, FEBRUARY 22, 2006 1469 On the adoption of the amendment, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Amerson N Anderson N Ashe Y Barnard E 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 Y Burns Y Butler N Byrd Y Carter Casas Y Chambers Y Channell Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox Y Crawford E Cummings Y Davis N Day N Dean Y Dickson Y Dodson Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin E Freeman N Gardner E Geisinger N 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 N Hill, C Y Hill, C.A N Holmes Y Holt Y Horne N Houston N Howard, E N Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins N Jennings N Johnson Jones, J N Jones, S N Jordan Y Keen N Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B N Lane, R Y Lewis N Lindsey N Lord Y Loudermilk Lucas Y Lunsford Y Maddox N Mangham Y Manning Marin Y Martin Y Maxwell Y May Y McCall E McClinton N Meadows E Millar Y Mills Mitchell N Morgan Y Morris N Mosby Y Mosley N Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell Y Ralston N Randall Y Ray N Reece, B Y Reece, S Y Reese N Rice Y Roberts E Rogers Y Royal Y Rynders N Sailor Y Scheid Y Scott, A Y Scott, M Setzler N Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L 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 N Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the amendment, the ayes were 82, nays 81. The amendment was adopted. Representative Porter of the 143rd moved that the House reconsider its action in adopting the Mills amendment. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson N Crawford E Cummings N Hill, C.A Y Holmes N Martin N Maxwell Y Sailor N Scheid 1470 JOURNAL OF THE HOUSE Y Anderson Y Ashe N Barnard E Barnes N Bearden Y 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 N Burkhalter N Burmeister N Burns N Butler Y Byrd N Carter Casas Y Chambers N Channell Cheokas N Coan N Cole N Coleman, B Y Coleman, T Y Cooper N Cox N Davis Y Day Y Dean N Dickson N Dodson Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps Y Everson N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin E Freeman Y Gardner E Geisinger Y Golick N Graves, D N Graves, T Y Greene Y Hanner N Harbin Y Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson Y Hill, C Holt N Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan N Keen Y Keown Y Kidd N Knight N Knox N Lakly N Lane, B Y Lane, R N Lewis Y Lindsey Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham N Manning Marin N May N McCall E McClinton Y Meadows E Millar N Mills Mitchell Y Morgan N Morris Y Mosby N Mosley Y Mumford N Murphy, J Y Murphy, Q Y Neal Y Oliver N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell N Ralston Y Randall N Ray Y Reece, B N Reece, S N Reese N Rice N Roberts E Rogers N Royal N Rynders N Scott, A N Scott, M Setzler Y Shaw N Sheldon N Sims, C Y Sims, F Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R N Wix N Yates Richardson, Speaker On the motion, the ayes were 85, nays 74. The motion prevailed. On the re-adoption of the Mills amendment, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Amerson N Anderson N Ashe Y Barnard E Barnes Y Bearden N Beasley-Teague N Benfield N Benton Y Crawford E Cummings Y Davis N Day N Dean Y Dickson Dodson Dollar N Drenner N Dukes Y Hill, C.A N Holmes Holt Y Horne N Houston N Howard, E N Hudson N Hugley N Jackson N Jacobs Y Martin Y Maxwell Y May Y McCall E McClinton N Meadows E Millar Y Mills Mitchell N Morgan N Sailor Y Scheid Y Scott, A Y Scott, M Setzler N Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield WEDNESDAY, FEBRUARY 22, 2006 1471 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 N Butler N Byrd Y Carter N Casas N Chambers Y Channell Cheokas Y Coan Y Cole N Coleman, B N Coleman, T N Cooper Y Cox Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin E Freeman N Gardner E Geisinger N 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 N Hill, C N James N Jamieson N Jenkins N Jennings N Johnson Jones, J N Jones, S N Jordan Y Keen N Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B N Lane, R Y Lewis N Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning Marin Y Morris N Mosby Y Mosley N Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell Y Ralston N Randall Y Ray N Reece, B Y Reece, S Y Reese N Rice Y Roberts E Rogers Y Royal Y Rynders 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 N Tumlin N Walker N Warren N Watson N Wilkinson N Willard N Williams, A N Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the re-adoption of the Mills amendment, the ayes were 74, nays 89. The amendment was lost. On the adoption of the Lindsey amendment, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe N Barnard E Barnes N Bearden N Beasley-Teague Y Benfield Y Benton N Black Y Bordeaux Y Borders N Bridges Y Brooks Y Brown Y Bruce Y Bryant N Crawford E Cummings N Davis Y Day N Dean Y Dickson N Dodson Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps Y Everson N Fleming Y Floyd, H N Floyd, J Y Fludd N Hill, C.A Y Holmes Y Holt N Horne Y Houston Y Howard, E 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 Y Martin N Maxwell N May N McCall E McClinton Y Meadows E Millar N Mills Mitchell Y Morgan N Morris Y Mosby N Mosley Y Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver Y Sailor N Scheid N Scott, A N Scott, M Setzler Y Shaw N Sheldon Y Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner 1472 JOURNAL OF THE HOUSE Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns Y Butler Y Byrd N Carter Y Casas Y Chambers N Channell Cheokas N Coan N Cole Y Coleman, B N Coleman, T Y Cooper N Cox N Forster N Franklin E Freeman Y Gardner E Geisinger Y Golick N Graves, D N Graves, T Y Greene Y Hanner N Harbin Y Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson Y Hill, C N Keen Y Keown Y Kidd N Knight N Knox N Lakly N Lane, B Y Lane, R N Lewis Y Lindsey N Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham N Manning Marin N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell N Ralston Y Randall N Ray Y Reece, B N Reece, S N Reese Y Rice N Roberts E Rogers N Royal N Rynders N Stephens Y Stephenson N 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 N Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 93, nays 72. The amendment was adopted. The following amendment was read: Representative Willard of the 49th et al. move to amend the Committee substitute to HB 1097 by striking the phrase "mechanically operated" on line 19 of page 2. By striking the word "mechanical" on line 23 of page 2 and inserting in place thereof the words "multiple message". The following amendment was read: Representatives Mills of the 25th and Richardson of the 19th move to amend the Willard amendment to HB 1097 as follows: on page 1, strike lines 2 through 5. On the adoption of the amendment, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Amerson N Anderson N Ashe Y Barnard E Barnes Y Bearden Y Crawford E Cummings Y Davis N Day N Dean Y Dickson Y Dodson Y Hill, C.A N Holmes Holt Y Horne N Houston N Howard, E N Hudson N Martin Y Maxwell Y May Y McCall E McClinton N Meadows E Millar N Sailor Y Scheid Y Scott, A Y Scott, M Setzler N Shaw Y Sheldon WEDNESDAY, FEBRUARY 22, 2006 1473 N Beasley-Teague N Benfield N Benton Y Black 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 N Byrd Y Carter Casas Y Chambers Y Channell Cheokas Y Coan Y Cole N Coleman, B N Coleman, T N Cooper Y Cox N Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin E Freeman N Gardner E Geisinger N 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 N Hill, C N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins N Jennings N Johnson Jones, J N Jones, S N Jordan Y Keen N Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B N Lane, R Y Lewis N Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning Marin Y Mills Mitchell N Morgan Y Morris N Mosby Y Mosley N Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell Y Ralston N Randall Y Ray N Reece, B Y Reece, S Y Reese N Rice Y Roberts E Rogers Y Royal Y Rynders Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B N Tumlin Walker N Warren N Watson N Wilkinson N Willard N Williams, A N Williams, E N Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the amendment, the ayes were 74, nays 89. The amendment was lost. On the adoption of the Willard amendment, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe N Barnard E Barnes N Bearden Y Beasley-Teague Y Benfield Y Benton N Black Y Bordeaux Y Borders N Bridges Y Brooks N Crawford E Cummings N Davis Y Day Y Dean Y Dickson N Dodson Y Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming N Hill, C.A Y Holmes Y Holt N Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Martin N Maxwell N May N McCall E McClinton Y Meadows E Millar N Mills Mitchell Y Morgan N Morris Y Mosby N Mosley Y Mumford N Murphy, J Y Sailor N Scheid N Scott, A N Scott, M Setzler Y Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T 1474 JOURNAL OF THE HOUSE Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns Y Butler Y Byrd N Carter Y Casas Y Chambers N Channell Cheokas N Coan N Cole Y Coleman, B Y Coleman, T Y Cooper N Cox Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin E Freeman Y Gardner E Geisinger Y Golick N Graves, D N Graves, T Y Greene Y Hanner N Harbin Y Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson Y Hill, C Jones, J Y Jones, S Y Jordan N Keen Y Keown Y Kidd N Knight N Knox N Lakly N Lane, B Y Lane, R N Lewis Y Lindsey Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham N Manning Marin Y Murphy, Q N Neal Y Oliver N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell N Ralston Y Randall N Ray Y Reece, B N Reece, S N Reese Y Rice N Roberts E Rogers N Royal N Rynders 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 Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R N Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 94, nays 71. The amendment was adopted. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson N Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague N Benfield N Benton Y Black Y Bordeaux Y Borders Y Bridges N Brooks Y Brown Y Bruce Y Crawford E Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson N Jenkins N Jennings Y Johnson Jones, J Y Jones, S Y Martin Y Maxwell May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell N Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler 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 WEDNESDAY, FEBRUARY 22, 2006 1475 Y Bryant N Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Fludd Y Forster Y Franklin E Freeman N Gardner E Geisinger Y 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 N Hill, C Y Jordan Y Keen Y Keown Y Kidd Y Knight N Knox N 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 Marin N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts E Rogers Y Royal Y Rynders N 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 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 145, nays 20. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Jones of the 46th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. Representative Murphy of the 23rd moved that the following Bill be taken from the table: HB 1069. By Representatives Murphy of the 23rd, Brown of the 69th, Hill of the 21st, Knox of the 24th, Wilkinson of the 52nd 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 establish a young driver tracking service; to provide for methods of tracking young drivers; to provide for use of the tracking service by the courts; to provide for registration of the service with the Department of Driver Services; to provide for insurance deductions for users of the tracking service; to provide for related matters; 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: 1476 JOURNAL OF THE HOUSE E Abdul-Salaam Y Amerson N Anderson Y Ashe Y Barnard E Barnes N Bearden N Beasley-Teague Y Benfield N Benton Black Y Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce Y Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Casas Y Chambers Y Channell Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox Y Crawford E Cummings N Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H N Floyd, J Fludd Y Forster Y Franklin E Freeman Y Gardner E Geisinger Y Golick N Graves, D Y Graves, T Greene Hanner Y Harbin N Hatfield N Heard, J N Heard, K N Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston N Howard, E Y Hudson N Hugley N Jackson Y Jacobs N James Jamieson Y Jenkins Y Jennings N Johnson Y Jones, J Y Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk N Lucas Y Lunsford Y Maddox N Mangham N Manning Marin Y Martin Y Maxwell May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell N Morgan Y Morris N Mosby Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Powell N Ralston N Randall Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts E Rogers N Royal Rynders N Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Smith, B Y Smith, L Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner N 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 N Wix Y Yates Richardson, Speaker On the motion, the ayes were 102, nays 50. The motion prevailed. Representative Murphy of the 23rd moved that the following Bill of the House be withdrawn from the General Calendar and recommitted to the Committee on Rules: HB 1069. By Representatives Murphy of the 23rd, Brown of the 69th, Hill of the 21st, Knox of the 24th, Wilkinson of the 52nd 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 establish a young driver tracking WEDNESDAY, FEBRUARY 22, 2006 1477 service; to provide for methods of tracking young drivers; to provide for use of the tracking service by the courts; to provide for registration of the service with the Department of Driver Services; to provide for insurance deductions for users of the tracking service; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The motion prevailed. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Insurance and referred to the Committee on Appropriations: HB 1372. By Representative Harbin of the 118th: A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide for the introduction and consideration of bills impacting the state health benefit plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1531. By Representative Floyd of the 147th: A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Ferrell Henry, Mr. Don Tucker, Mr. Zack Wade, and Mr. Joe Cook and inviting the cooking team to appear before the House of Representatives; and for other purposes. HR 1532. By Representative Floyd of the 147th: A RESOLUTION recognizing and commending Miss Jenna Morgan Stanford, 2006 Georgia Watermelon Queen, and inviting her to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1463. By Representatives Lane of the 158th, Parrish of the 156th, Burns of the 157th, Yates of the 73rd and Carter of the 159th: 1478 JOURNAL OF THE HOUSE A RESOLUTION declaring support for dedicating the Statesboro Armory to the memory of Brigadier General Terrell T. Reddick; and for other purposes. HR 1494. By Representative Houston of the 170th: A RESOLUTION recognizing the City of Adel in Cook County as the "City of Daylilies"; and for other purposes. HR 1495. By Representative Porter of the 143rd: A RESOLUTION commending the State of Israel in its fight against terrorism; and for other purposes. HR 1496. By Representative Hembree of the 67th: A RESOLUTION commending Matthew Vincent Goggans on becoming an Eagle Scout; and for other purposes. HR 1497. By Representative Hembree of the 67th: A RESOLUTION commending Adam Lee as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1498. By Representative Hembree of the 67th: A RESOLUTION commending Angelica L. Fowler as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1499. By Representative Hembree of the 67th: A RESOLUTION commending Amanda Svendsen as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1500. By Representative Hembree of the 67th: A RESOLUTION commending Suwaibou Jaiteh as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. WEDNESDAY, FEBRUARY 22, 2006 1479 HR 1501. By Representative Hembree of the 67th: A RESOLUTION commending Kalon J. Hinds as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1502. By Representative Hembree of the 67th: A RESOLUTION commending Joseph M. Kelly as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1503. By Representative Hembree of the 67th: A RESOLUTION commending Leigh Beasley as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1504. By Representative Hembree of the 67th: A RESOLUTION commending Herbert J. Dye III as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1505. By Representative Hembree of the 67th: A RESOLUTION commending Edward Howard as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1506. By Representative Hembree of the 67th: A RESOLUTION commending Jennifer M. Caylor as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1507. By Representative Hembree of the 67th: A RESOLUTION commending Blake K. Willis as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. 1480 JOURNAL OF THE HOUSE HR 1508. By Representative Hembree of the 67th: A RESOLUTION commending Kathi Lea Garrett as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1509. By Representative Hembree of the 67th: A RESOLUTION commending Yolanda C. Anderson as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1510. By Representative Hembree of the 67th: A RESOLUTION commending Dwight David Lanier as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1511. By Representative Hembree of the 67th: A RESOLUTION commending Allen Hoffmeyer as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1512. By Representatives Hill of the 21st and Yates of the 73rd: A RESOLUTION commending Colonel William L. Bates, Jr., United States Marine Corps (Ret.); and for other purposes. HR 1513. By Representative Smith of the 113th: A RESOLUTION congratulating Zaxby's on the opening of their 300th restaurant in Dallas, Georgia; commending Zaxby's and its employees; and for other purposes. HR 1514. By Representative Cummings of the 16th: A RESOLUTION commending Susan Duke Waters; and for other purposes. HR 1515. By Representatives Smith of the 113th, McCall of the 30th, Royal of the 171st, Kidd of the 115th, Roberts of the 154th and others: WEDNESDAY, FEBRUARY 22, 2006 1481 A RESOLUTION remembering and honoring the life of Linton Webster Eberhardt, Jr.; and for other purposes. HR 1516. By Representative Bearden of the 68th: A RESOLUTION expressing regret at the passing of Dorothy Jeane Williams; and for other purposes. HR 1517. By Representative Smith of the 113th: A RESOLUTION expressing regret at the passing of Dr. Sykes E. "Si" Trieb; and for other purposes. HR 1518. By Representative Smith of the 113th: A RESOLUTION congratulating the Oconee County High School fastpitch softball team on winning the AAA State Championship; and for other purposes. HR 1519. By Representative Reese of the 98th: A RESOLUTION commending Coach Todd Hosch; and for other purposes. HR 1520. By Representative Benfield of the 85th: A RESOLUTION honoring the life of Edna Bramlett Hawkins and expressing regret at her passing; and for other purposes. HR 1521. By Representative Murphy of the 120th: A RESOLUTION remembering and honoring the life of Mr. Thomas L. Clark, Jr.; and for other purposes. HR 1522. By Representatives Houston of the 170th and Shaw of the 176th: A RESOLUTION commemorating the 150th anniversary of Berrien County; and for other purposes. HR 1523. By Representatives Carter of the 159th, Stephens of the 164th, Bordeaux of the 162nd, Day of the 163rd, Bryant of the 160th and others: A RESOLUTION remembering and honoring the life of Dr. Frank Hardeman, Jr.; and for other purposes. 1482 JOURNAL OF THE HOUSE HR 1524. By Representative Bearden of the 68th: A RESOLUTION remembering and honoring the life of Lance Corporal Samuel W. Large, Jr.; and for other purposes. HR 1525. By Representative Cole of the 125th: A RESOLUTION congratulating Bishop Charles and Evangelist LaVaughn on the occasion of their 50th wedding anniversary; and for other purposes. HR 1526. By Representatives Kidd of the 115th, Heard of the 114th and Smith of the 113th: A RESOLUTION commending Craig Hamlin on becoming an Eagle Scout; and for other purposes. HR 1527. By Representatives Coleman of the 144th, Walker of the 107th, Burkhalter of the 50th, Keen of the 179th, Stanley-Turner of the 53rd and others: A RESOLUTION honoring and remembering Martha Talbot Eaves; and for other purposes. HR 1528. By Representative Dollar of the 45th: A RESOLUTION congratulating Karla Jean Repple and David Allan Zisook on the occasion of their wedding; and for other purposes. HR 1529. By Representative Benton of the 31st: A RESOLUTION commemorating the 200th anniversary of the founding of the City of Jefferson; and for other purposes. HR 1530. By Representatives Mills of the 25th, Hill of the 21st and Knight of the 126th: A RESOLUTION commending Ms. Leslie Bechtel on the occasion of her retirement; and for other purposes. Representative Lewis of the 15th 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 Lewis of the 15th announced the House adjourned until 10:00 o'clock, tomorrow morning. THURSDAY, FEBRUARY 23, 2006 1483 Representative Hall, Atlanta, Georgia Thursday, February 23, 2006 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 Barnard E Barnes Bearden Benton Black Bordeaux Bridges Brooks Bruce Bryant Buckner, D Burkhalter Burmeister Burns Butler Byrd Carter Casas Chambers Channell Cheokas Cole Coleman, B Cox Crawford Cummings Day Dickson Dodson Drenner Ehrhart England Everson Fleming Floyd, H Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger Graves, D Graves, T Greene Heard, J Heard, K Hembree E Henson Hill, C Holt Horne Howard, E Hudson Hugley Jackson James Jamieson Jenkins Jennings Johnson Jones, J Jones, S Keown Kidd Knox Lakly Lane, B Lane, R Lewis Lord Lunsford Maddox Mangham E Manning Martin Maxwell May McCall E McClinton Meadows E Millar Mills Morgan Morris Mosley Mumford Murphy, J Murphy, Q Neal O'Neal Orrock Parrish Parsons Porter Ralston E Reece, B Reece, S Reese Rice Roberts E Rogers Royal Rynders Scheid Scott, M Setzler Shaw Sheldon Sims, C Sims, F Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Stephens Talton Teilhet Thomas, B 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, Benfield of the 85th, Borders of the 175th, Brown of the 69th, Buckner of the 76th, Coleman of the 144th, Cooper of the 41st, Davis of the 109th, Dean of the 59th, Dollar of the 45th, Dukes of the 150th, Epps of the 128th, Golick of the 34th, Hanner of the 148th, Harbin of the 118th, Hatfield of the 177th, Hill of the 180th, Holmes of the 61st, Houston of the 170th, Jordan of the 77th, Keen of the 179th, Knight of the 126th, Lindsey of the 54th, Loudermilk of the 14th, Lucas of the 139th, Marin of the 96th, Mitchell of the 88th, Mosby of the 90th, Parham of the 141st, Powell of the 29th, Randall of the 138th, Ray of the 136th, Sailor of the 93rd, Scott of the 153rd, Smyre of the 132nd, Stanley-Turner of 1484 JOURNAL OF THE HOUSE the 53rd, Stephenson of the 92nd, Thomas of the 55th, Walker of the 107th, and Wix of the 33rd. They wish to be recorded as present. Prayer was offered by the Reverend Nelle McCorkle Bordeaux, Savannah, Georgia. The members pledged allegiance to the flag. Representative Heard of the 104th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees: HB 1424. By Representatives Smith of the 168th, Williams of the 165th, Hatfield of the 177th, Sims of the 169th, Roberts of the 154th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife generally, so as to change certain provisions relating to hunting with dogs generally; to change certain provisions relating to killing of dogs running deer; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 23, 2006 1485 Referred to the Committee on Agriculture & Consumer Affairs. HB 1425. By Representatives Porter of the 143rd, Hugley of the 133rd, Smyre of the 132nd, Randall of the 138th, Orrock of the 58th and others: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change provisions relating to the health insurance plans for public school teachers, public school employees, and state employees; to provide that certain features of such plans shall not be changed without prior legislative approval; to provide for other matters related to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1426. By Representative Mills of the 25th: A BILL to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to provide for procedures, conditions, and limitations regarding the enforcement and collection of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1427. By Representatives May of the 111th, Manning of the 32nd, Burmeister of the 119th, Walker of the 107th, Fleming of the 117th and others: A BILL to be entitled an Act to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for the creation, authorization, procedure, revocation, and termination of a power of attorney from a parent to a grandparent for the care of a grandchild; to provide for short titles; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1428. By Representatives Meadows of the 5th and Graves of the 12th: 1486 JOURNAL OF THE HOUSE A BILL to be entitled an Act to provide for homestead exemptions from City of Calhoun independent school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that school district who are at least 65 but less than 70 years of age and in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1429. By Representatives Graves of the 12th and Meadows of the 5th: A BILL to be entitled an Act to provide for homestead exemptions from Gordon County school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that school district who are at least 65 but less than 70 years of age and in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemptions 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 1430. By Representatives Warren of the 122nd, Porter of the 143rd, Jenkins of the 8th, Wix of the 33rd, Teilhet of the 40th and others: A BILL to be entitled an Act to amend Code Section 45-9-85 of the Official Code of Georgia Annotated, relating to payment of indemnification for death or disability generally, beneficiary, designation of method of payment, and procedure for making of payments, so as to increase the indemnification to state highway employees killed or disabled on the job; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 1431. By Representative Lunsford of the 110th: THURSDAY, FEBRUARY 23, 2006 1487 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 provide for the responsibilities of city, county, and consolidated governments to appropriate funds; to provide for penalties where a public defender fails to provide representation; to change certain provisions relating to public defenders; 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 1432. By Representatives Scheid of the 22nd, Hill of the 21st, Byrd of the 20th and Murphy of the 23rd: A BILL to be entitled an Act to amend an Act to re-create and reincorporate the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, so as to provide that it shall require the affirmative votes of five councilmembers to approve the exercise of the power of eminent domain in the city limits; to provide for a quorum; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1433. By Representatives Smith of the 131st, Manning of the 32nd, Lane of the 167th and Drenner of the 86th: A BILL to be entitled an Act to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to provide that certain persons are not aggrieved or affected by an order or action of the director of the Board of Natural Resources; to provide a statement of legislative intent; to amend provisions relating to the powers and duties of the Environmental Protection Division of the Department of Natural Resources relative to rules and regulations related to releases of hazardous waste, hazardous constituents, and hazardous substances; to amend provisions relative to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources; to provide changes to the determination of corrective actions; to provide that certain persons shall not be considered to have contributed to a spill or release of hazardous substances; to provide exceptions for liability for such releases; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1434. By Representative Mills of the 25th: 1488 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend an Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, particularly by an ordinance filed with the Secretary of State on February 17, 2005 (Ga. L. 2005, p. 4274), so as to change the powers and duties of the mayor; to provide for a city manager; to provide for the appointment of a city clerk; to provide for the appointment of a city attorney; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1435. By Representatives Burmeister of the 119th, Brown of the 69th, Lunsford of the 110th and Walker of the 107th: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to add certain definitions; to authorize an attendant care giver to provide assistance in voting an absentee ballot; to provide for the manner of assistance in voting for persons with disabilities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1436. By Representatives Smith of the 113th, Ehrhart of the 36th, Chambers of the 81st, Drenner of the 86th, Burkhalter of the 50th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 3 of the O.C.G.A., relating to general provisions relative to wine, so as to authorize restaurant patrons to remove for off-premises consumption a resealed partially consumed bottle of wine that was purchased with a full-course meal; to provide for a definition of the term full-course meal; to amend Article 11 of Chapter 6 of Title 40 of the O.C.G.A., relating to miscellaneous provisions of the uniform rules of the road, so as to provide that a resealed partially consumed bottle of wine that was purchased with a full-course meal is not an open alcoholic beverage container for purposes of the prohibition against possessing an open container of alcohol in the passenger area of a motor vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1437. By Representatives Smith of the 131st, Meadows of the 5th and Murphy of the 120th: THURSDAY, FEBRUARY 23, 2006 1489 A BILL to be entitled an Act to amend Code Section 33-1-2 of the Official Code of Georgia Annotated, relating to definitions affecting insurance generally, so as to provide a definition of an actual charge; to provide for legislative intent and declarations; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1438. By Representatives Reese of the 98th, Coan of the 101st, Smith of the 131st, Williams of the 165th, Drenner of the 86th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 46 of the O.C.G.A., relating to generation and distribution of electricity generally, so as to promote the development of renewable energy in Georgia through the implementation of a renewable energy portfolio standard for use of renewable energy by certain electric utilities; to provide for legislative intent and purpose; to provide for short title; to provide definitions; to provide for standard goals; to provide for standard portfolio goals to be met through energy produced in Georgia or renewable energy certificates; to provide for reports; to provide for the adoption of rules for implementation; to establish the Renewable Energy Board; to impose an implementation fee to recover the costs of administering the portfolio standard goals; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. HB 1439. By Representatives Franklin of the 43rd, Ralston of the 7th, Bearden of the 68th, Byrd of the 20th, Knox of the 24th and others: A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide for the crime of unlawful confiscation of legally owned and carried firearms; to amend Code Section 38-3-51 of the Official Code of Georgia Annotated, relating to the emergency powers of the Governor, so as to limit the Governor's emergency powers with respect to firearms; to provide for criminal penalties; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1440. By Representatives Mosby of the 90th, Fludd of the 66th, Sinkfield of the 60th, Bruce of the 64th, Stephenson of the 92nd and others: 1490 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Code Section 46-5-183 of the Official Code of Georgia Annotated, relating to procedures for confirmation of changes in selection of a primary local exchange or long distance carrier generated by telemarketing, so as to provide that a local exchange company shall not accept a telecommunications company's submission of a customer's change order without certain confirmation; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. HB 1441. By Representatives Sinkfield of the 60th, Manning of the 32nd, Ashe of the 56th, Smith of the 70th, Orrock of the 58th 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 exclusions and tax credits with respect to individual development accounts; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the commissioner of community affairs with respect to the foregoing; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for the comprehensive regulation of individual development accounts and programs; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1442. By Representatives Sinkfield of the 60th, Lucas of the 139th, Stephenson of the 92nd, Ashe of the 56th, Jamieson of the 28th and others: A BILL to be entitled an Act to amend Code Section 46-4-160 of the Official Code of Georgia Annotated, relating to the authority of the Public Service Commission regarding certificated marketers, access to books and records, investigations and hearings, price summary, billing, violations, and slamming, so as to provide for a specific period of time from the mailing or posting of a bill for natural gas before the application of late fees or penalties on a consumer; to change the maximum late fee; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. THURSDAY, FEBRUARY 23, 2006 1491 HB 1443. By Representatives Franklin of the 43rd, Everson of the 106th, Hudson of the 124th, Cheokas of the 134th, Mitchell of the 88th 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 Georgia red clay as Georgia's official dirt; to repeal conflicting laws; and for other purposes. Referred to the Committee on Special Rules. HB 1444. By Representatives Maxwell of the 17th, Knox of the 24th, Meadows of the 5th, Forster of the 3rd and Lunsford of the 110th: A BILL to be entitled an Act to amend an Act approved May 2, 2005 (Ga. L. 2005, p. 563), so as to revise the applicability of certain sections of such Act to apply to insolvencies occurring on and after the effective date of the Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HR 1491. By Representative Sims of the 169th: A RESOLUTION commemorating the achievements and sacrifice made by Private James Boggan and renaming the Bear Creek Bridge on Highway 32 West in Ambrose, Georgia, the Private James Boggan Memorial Bridge; and for other purposes. Referred to the Committee on Transportation. HR 1492. By Representatives Buckner of the 76th, Greene of the 149th, Parham of the 141st, Barnard of the 166th and Hudson of the 124th: A RESOLUTION creating the House Study Committee on State Parole and Probation Officer Salaries and Benefits; and for other purposes. Referred to the Committee on State Institutions & Property. HR 1493. By Representatives Byrd of the 20th, Franklin of the 43rd, Johnson of the 37th, Lindsey of the 54th, Keown of the 173rd and others: A RESOLUTION remembering the Constitution of the United States of America and designating September 17, 2006, as Constitution Day and Citizenship Day in Georgia; and for other purposes. 1492 JOURNAL OF THE HOUSE Referred to the Committee on Special Rules. 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 1445. By Representatives Mills of the 25th, Stephens of the 164th, Keen of the 179th, Burmeister of the 119th, Coan of the 101st and others: A BILL to be entitled an Act to amend Code Section 16-12-142 of the Official Code of Georgia Annotated, relating to requiring medical facilities or physicians to perform abortions and requiring others to assist, so as to provide that a pharmacist who states in writing an objection to any abortion shall not be required to fill a prescription for a drug if the pharmacist believes the drug would have the effect or possible effect of terminating a pregnancy; to provide that such refusal shall not be the basis for any claim for damages; to provide for the duration of the effectiveness of the written objection; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1451. By Representatives Sheldon of the 105th, Knox of the 24th, Walker of the 107th, Byrd of the 20th, Channell of the 116th and others: A BILL to be entitled an Act to amend Article 7A of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the Long-term Care Partnership Program, so as to revise certain definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Human Relations & Aging. HB 1452. By Representatives Loudermilk of the 14th, Lewis of the 15th, Lunsford of the 110th, Scott of the 2nd and May of the 111th: A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding property tax exemptions, so as to change the definition of the term "applicant"; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. THURSDAY, FEBRUARY 23, 2006 1493 HB 1454. By Representatives Benfield of the 85th, Crawford of the 127th and Harbin of the 118th: A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of an individual taxpayer shall not include certain compensation for wrongful conviction; 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 1455. By Representatives Meadows of the 5th, Smith of the 131st, Harbin of the 118th, Forster of the 3rd, Holt of the 112th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of an individual taxpayer shall not include certain unreimbursed medical expenses; to provide for a definition; to provide for conditions and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1456. By Representatives Meadows of the 5th, Maxwell of the 17th, Smith of the 131st, Forster of the 3rd, Holt of the 112th 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 provide availability of an accident and sickness policy upon termination of dependent coverage based on the age of the dependent; to change requirements as to individual accident and sickness policies to insure certain dependent children of the insured up to and including age 25; to provide an exception for certain matters concerning renewability of individual accident and sickness policies; to provide for the Commissioner to promulgate rules and regulations; to require that certain group accident and sickness insurance policies insure certain dependent children of the insured up to and including age 25; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1458. By Representatives Porter of the 143rd, Hugley of the 133rd, Smyre of the 132nd and Ashe of the 56th: 1494 JOURNAL OF THE HOUSE 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 eliminate the uniform reporting system based on a 4.0 scale that was to be effective on May 1, 2007; to provide that the current uniform reporting system based on a numeric average shall continue in effect; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1459. By Representatives Brown of the 69th, Ehrhart of the 36th and Smith of the 113th: A BILL to be entitled an Act to amend Chapter 5A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, so as to provide that certain prescription drugs and other health care products sold by Georgia biotechnology, biopharmaceutical, or pharmaceutical companies shall not be subject to certain access restrictions or supplemental rebates for purposes of coverage under the state health benefit plan, medical assistance program, PeachCare for Kids, or any other health benefit plan or policy administered by or on behalf of the state; to define certain terms; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 1460. By Representatives Hill of the 180th, Lane of the 158th, Parrish of the 156th, Warren of the 122nd and Reese of the 98th: 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 extensively revise various provisions relative to shrimp and shrimping; to change certain provisions relating to definitions relative to game and fish generally; to repeal certain provisions relating to size and construction requirements of cast nets; to change certain provisions relating to lawful methods of fishing generally; to change certain provisions relating to lawful gear generally; to change certain provisions relating to required records; to change certain provisions relating to taking of shrimp for noncommercial purposes generally; to change certain provisions relating to limit on amount of shrimp taken by cast net and penalty for violation; to change certain provisions relating to lawful nets; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. THURSDAY, FEBRUARY 23, 2006 1495 HB 1461. By Representatives Lindsey of the 54th, Ralston of the 7th, Willard of the 49th, Mumford of the 95th, Lane of the 167th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings under the "Georgia Civil Practice Act," so as to change provisions related to offers of judgment; to provide for definitions; to provide for time frames for offers of settlement; to provide for service of offers of settlement; to provide for counteroffers; to provide for attorney's fees and expenses of litigation; to provide for procedure concerning offers of settlement; to provide for automatic rejection of an offer of settlement; to provide for factors to be considered in not awarding attorney's fees and expenses of litigation to a prevailing party; to provide for related matters; to provide for a savings clause; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1462. By Representatives Geisinger of the 48th, Lindsey of the 54th and Wilkinson of the 52nd: A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for legislative findings; to provide for the transferability of certificates of public necessity and convenience and medallions for taxicabs; to provide for certain uses of such certificates and medallions with regard to loans; to provide certain procedures that must be met before increasing the number of such certificates and medallions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1463. By Representatives Warren of the 122nd and Jenkins of the 8th: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to deer, so as to prohibit confinement of white-tailed deer except under certain circumstances; to prohibit hunting or the selling, leasing, or providing of hunting opportunities for any confined white-tailed deer except under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. 1496 JOURNAL OF THE HOUSE HR 1535. By Representative Scott of the 153rd: A RESOLUTION creating the State Health Benefit Plan Design Team; and for other purposes. Referred to the Committee on Governmental Affairs. HR 1548. By Representatives Rynders of the 152nd and Hanner of the 148th: A RESOLUTION commemorating the accomplishments of Mrs. Ida Chambers and dedicating Chambers Crossing; and for other purposes. Referred to the Committee on Transportation. HR 1549. By Representative Drenner of the 86th: A RESOLUTION creating the House Environmental Regulation Impact Study Committee; and for other purposes. Referred to the Committee on Natural Resources & Environment. HR 1550. By Representatives Buckner of the 76th, Parham of the 141st, Porter of the 143rd, Randall of the 138th, Lucas of the 139th and others: A RESOLUTION creating the House Study Committee on State Employee Salaries and Benefits; and for other purposes. Referred to the Committee on Appropriations. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1410 HB 1411 HB 1412 HB 1414 HB 1415 HB 1416 HB 1417 HB 1418 HB 1419 HB 1420 HB 1421 HB 1422 HB 1423 HR 1461 HR 1462 HR 1464 HR 1485 HR 1487 HR 1488 SB 501 SR 760 SR 823 THURSDAY, FEBRUARY 23, 2006 1497 Representative Coan of the 101st District, Chairman of the Committee on Industrial Relations, submitted the following report: Mr. Speaker: Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1326 Do Pass, by Substitute Respectfully submitted, /s/ Coan of the 101st Chairman Representative Knox of the 24th District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1257 Do Pass, by Substitute HB 1359 Do Pass, by Substitute Respectfully submitted, /s/ Knox of the 24th Chairman Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: Mr. Speaker: Your Committee on Judiciary Non-Civil has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1162 Do Pass, by Substitute HB 1209 Do Pass, by Substitute HB 1234 Do Pass HB 1259 Do Pass, by Substitute HB 1288 Do Pass 1498 JOURNAL OF THE HOUSE Respectfully submitted, /s/ Ralston of the 7th Chairman Representative Day of the 163rd District, Chairman of the Committee on Public Safety, submitted the following report: Mr. Speaker: Your Committee on Public Safety has had under consideration the following 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 465 Do Pass, by Substitute HR 1396 Do Pass, by Substitute SB 381 Do Pass, by Substitute Respectfully submitted, /s/ Day of the 163rd Chairman Representative Williams of the 4th District, Chairman of the Committee on Regulated Industries, submitted the following report: Mr. Speaker: Your Committee on Regulated Industries has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 801 Do Pass, by Substitute HB 1168 Do Pass Respectfully submitted, /s/ Williams of the 4th 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 1199 Do Pass HR 1465 Do Pass THURSDAY, FEBRUARY 23, 2006 1499 Representative Amerson of the 9th District, Chairman of the Committee on Science & Technology, submitted the following report: Mr. Speaker: Your Committee on Science & Technology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1307 Do Pass Respectfully submitted, /s/ Amerson of the 9th 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1366 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 168th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, FEBRUARY 23, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enumerated below: DEBATE CALENDAR Open Rule 1500 JOURNAL OF THE HOUSE HB 363 HB 1023 HB 1145 HB 1170 HB 1195 HB 1250 HB 1292 HR 1081 HR 1259 Motor vehicles; state vehicles; license plates; requirements Marriage contract; age of majority; provisions Juvenile proceedings; mental health; change provisions Cosmetologists; examination fees; change certain provisions Civil case; complaints and judgments; change provisions Probation Management Act of 2004; change repeal date Prison chaplains appreciation day; create Joint Higher Education Finance and Formula Study Committee; create Chatham, Coweta, Douglas, Grady, and Muscogee counties; easements; authorize Modified Open Rule None Modified Structured Rule HB 935 Advanced practice registered nurse; controlled substances; provisions 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 Bill of the House was taken up for consideration and read the third time: HB 1366. By Representative Hanner of the 148th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Leesburg, approved April 17, 1973 (Ga. L. 1973, p. 2851), as amended, particularly by an ordinance filed with the Secretary of State on September 16, 1976 (Ga. L. 1977, p. 4639), so as to provide for a municipal court for the City of Leesburg; to provide the City Council certain powers to determine qualifications and requirements relating to municipal court judges; to provide for certain penalties for violations under the jurisdiction of the THURSDAY, FEBRUARY 23, 2006 1501 municipal court; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act providing a new charter for the City of Leesburg, approved April 17, 1973 (Ga. L. 1973, p. 2851), as amended, particularly by an ordinance filed with the Secretary of State on September 16, 1976 (Ga. L. 1977, p. 4639), so as to provide for a municipal court for the City of Leesburg; to provide the City Council certain powers to determine qualifications and requirements relating to municipal court judges; to provide for certain penalties for violations under the jurisdiction of the municipal court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a new charter for the City of Leesburg, approved April 17, 1973 (Ga. L. 1973, p. 2851), as amended, particularly by an ordinance filed with the Secretary of State on September 16, 1976 (Ga. L. 1977, p. 4639), is amended by striking the introductory paragraph and subparagraphs (1) and (2) of paragraph (46) of Section 1.13 and inserting in lieu thereof the following: "(46) There shall be and there is hereby established in and for the City of Leesburg to be conducted in such manner and at such time, except Sunday as the City Council may prescribe, a municipal Court in which the Municipal Court judge shall be the presiding officer, in case of the absence or disability of the presiding officer for any cause, municipal court judge or any judge of any court of record which regularly hears traffic offenses or ordinance violations, shall preside. The procedure for appointment, compensation, qualifications and tenure of the municipal judge, shall be set forth by the City Council in ordinances addressing same. The procedure in said court, with reference to the conduct and trial of cases therein, not in conflict with this section of the Charter or the general law shall be prescribed by the City Council or by rule or order of the presiding officer thereof not in conflict with the Charter or City Ordinance on the subject, and the City Council shall have the power to provide by ordinance for the compulsory attendance of all persons violating any municipal ordinance before said municipal court, by summons or copy of charges, to answer the offense charged, and when employed, such summons or copy of the charges shall be issued as provided for subpoenas and shall contain a summary or simple statement of the offense charged, and disobedience of said summons or copy of charges shall be punished as provided for disobedience of subpoenas. (1) Jurisdiction: Authority to Punish: Extent of Penalty, Etc. Said municipal court shall have jurisdiction to try all offenders against the laws and ordinances of the 1502 JOURNAL OF THE HOUSE City of Leesburg committed within the corporate limits or police jurisdiction, and to punish persons convicted in said court of violating such laws and ordinances in a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the Lee County Jail or other place provided, or by compulsory labor on the streets or other public works or community service not to exceed six (6) months and either one or more of such punishments may be imposed, or the several punishments may be cumulative, or the fines may be imposed with alternative of such imprisonment or compulsory labor or coerced or enforced by said punishment or labor; provided, that the punishments, within the limits prescribed, shall only be imposed by said court in the amount and manner prescribed by the penal ordinances of said city, but in the event no penalty be provided for the doing of which is made unlawful by ordinances, the court shall have power to proceed to impose the punishments as herein enumerated. The jurisdiction of said municipal court shall further extend to the investigation of any charge involving or amounting to a violation of the penal laws of the State of Georgia, when such charge is entered upon the docket of said court and when the offense is alleged to have been committed within the corporate or police limits of the city, and provided such charges are made in writing and verified to the best of the knowledge and belief of the person making the same. (2) Powers of Presiding Officer Generally: Contempt, Etc. The presiding officer of said court shall have the same power as judges of the superior court of this state to punish for contempt of said municipal court by a fine not to exceed two hundred fifty dollars ($250.00) or imprisonment in the Lee County Jail, or other place provided, not to exceed ten days, and either or both of said punishments may be imposed in the discretion of the court, or the fine may be imposed with the alternative of such imprisonment, or coerced by such imprisonment. Said presiding officer of said court shall be to all intents and purposes a magistrate insofar as to enable him or her to issue warrants for offenses committed within the City of Leesburg or its police jurisdiction against the penal laws of this state, this either before a hearing or trial of the charge in said municipal court; provided, the affidavit required by law to obtain warrants is first made before said presiding officer, which warrant may be executed by any member of the police force of the city. Said presiding officer of said court as such ex officio magistrate, shall have the power and authority to commit to the jail of Lee County offenders against the law of the State of Georgia, and to admit them to bail, in bailable cause, for their appearance at the next term of the court of competent jurisdiction to be held in and for the County of Lee, after legal investigation, and shall, if the evidence in the trial of an offense against the ordinances of the city discloses the violation of any state law, have the power to bind the defendant over as above set forth." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. THURSDAY, FEBRUARY 23, 2006 1503 SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard E Barnes Y Bearden 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 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 Davis Y Day Dean Y Dickson Y Dodson Dollar Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Forster Y Franklin Y Freeman Y Gardner Geisinger Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson Y Hill, C Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard, E 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 Y Keen Y Keown Y Kidd 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 E Manning Y Marin Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills 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 Porter Y Powell Y Ralston Y Randall Ray E Reece, B Y Reece, S Y Reese Rice Y Roberts E Rogers Y Royal Y Rynders Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B 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 135, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 1504 JOURNAL OF THE HOUSE Representative Dukes of the 150th 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. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 244. By Senators Hudgens of the 47th, Kemp of the 46th, Douglas of the 17th and Grant of the 25th: A BILL to be entitled an Act to amend Title 47 of the O.C.G.A., relating to retirement and pensions, so as to create the Magistrates Retirement Fund; to define certain terms; to create a board of commissioners; to provide for appointment and terms of members of the board; to provide for the office of secretary-treasurer of the board; to provide for additional employees; to provide for a salary and fund membership; to provide for powers and duties of the board; to provide that the state auditor shall make annual audits of the fund; to provide conditions for eligibility for membership; to provide conditions for eligibility to receive a retirement benefit; to provide for a retirement benefit; to provide for benefits for surviving spouses; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. SB 288. By Senators Rogers of the 21st, Hamrick of the 30th and Hill of the 32nd: A BILL to be entitled an Act to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to enact the "Grade Integrity Act of 2005"; to provide that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner to change the grade of a student; to provide for an ethical violation reportable to the Professional Standards Commission; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 424. By Senators Chance of the 16th, Douglas of the 17th, Moody of the 56th, Cagle of the 49th, Staton of the 18th 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 for students in elementary and secondary education, so THURSDAY, FEBRUARY 23, 2006 1505 as to provide that a student whose parent is in military service is granted excused absences from school to visit with his or her parent prior to deployment or while on leave; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 462. By Senators Carter of the 13th, Kemp of the 46th, Hamrick of the 30th, Mullis of the 53rd and Miles of the 43rd: 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 for sheriffs, so as to place courthouse security under the authority of the sheriff; to require a courthouse security plan which shall be subject to the approval of the chief superior court judge; to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to remove courthouses and jails from the list of properties protected; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 474. By Senators Carter of the 13th, Thomas of the 54th, Moody of the 56th, Rogers of the 21st, Seay of the 34th 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 establish school health advisory councils to serve as advisory bodies to local boards of education on health, physical education, and nutrition policy; to provide for a short title; to provide certain requirements for physical education instruction for students in kindergarten and grades one through eight; to encourage a wide range of supplemental health, physical activity, and nutrition programs that may be provided on school property beyond the confines of the traditional school day; to require local boards of education to adopt and implement a coordinated school health program; to provide for a state office to promote student health and physical fitness; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 486. By Senators Balfour of the 9th, Schaefer of the 50th, Grant of the 25th, Shafer of the 48th and Douglas of the 17th: A BILL to be entitled an Act to amend Code Section 34-8-35 of the Official Code of Georgia Annotated, relating to the definition of employment under the employment security law, so as to exempt direct sellers from the definition of employment; to provide for related matters; to repeal conflicting laws; and for other purposes. 1506 JOURNAL OF THE HOUSE SB 525. By Senator Williams of the 19th: A BILL to be entitled an Act to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change certain provisions regarding the issuance of tax executions by tax collectors and tax commissioners; to provide for a definition; to provide for procedures; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 545. By Senators Mullis of the 53rd, Thomas of the 54th, Douglas of the 17th, Balfour of the 9th, Heath of the 31st and others: A BILL to be entitled an Act to amend Code Section 16-12-51 of the Official Code of Georgia Annotated, relating to definitions regarding bingo games, so as to provide a definition of nonprofit, tax-exempt organization; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate: SR 639. By Senator Seabaugh of the 28th: A RESOLUTION dedicating the SGT Mike Stokely Memorial Highway; and for other purposes. SR 864. By Senators Douglas of the 17th and Hudgens of the 47th: A RESOLUTION dedicating the SGT Mike Stokely Memorial Highway; and for other purposes The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House: HB 978. By Representatives Hill of the 21st and Smyre of the 132nd: A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 45 of the O.C.G.A., relating to the Georgia Capitol Museum, so as to create the Capitol Art Standards Commission; to provide for its membership and appointment; to provide for the terms of members of the commission and the filling of vacancies; to provide for duties and responsibilities; to provide a definition; to provide for the acceptance of certain funds; to provide limitations on the consideration and passage of bills and resolutions authorizing or requiring the display of certain artwork; to provide for related matters; to repeal Code Section 50-16-5.2 of the Official Code of Georgia THURSDAY, FEBRUARY 23, 2006 1507 Annotated, relating to the creation of the Georgia Art Policy Committee; 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 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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Balfour of the 9th, Schaefer of the 50th, and Pearson of the 51st. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees: SB 244. By Senators Hudgens of the 47th, Kemp of the 46th, Douglas of the 17th and Grant of the 25th: A BILL to be entitled an Act to amend Title 47 of the O.C.G.A., relating to retirement and pensions, so as to create the Magistrates Retirement Fund; to define certain terms; to create a board of commissioners; to provide for appointment and terms of members of the board; to provide for the office of secretary-treasurer of the board; to provide for additional employees; to provide for a salary and fund membership; to provide for powers and duties of the board; to provide that the state auditor shall make annual audits of the fund; to provide conditions for eligibility for membership; to provide conditions for eligibility to receive a retirement benefit; to provide for a retirement benefit; to provide for benefits for surviving spouses; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. SB 288. By Senators Rogers of the 21st, Hamrick of the 30th and Hill of the 32nd: 1508 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to enact the "Grade Integrity Act of 2005"; to provide that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner to change the grade of a student; to provide for an ethical violation reportable to the Professional Standards Commission; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. SB 424. By Senators Chance of the 16th, Douglas of the 17th, Moody of the 56th, Cagle of the 49th, Staton of the 18th 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 for students in elementary and secondary education, so as to provide that a student whose parent is in military service is granted excused absences from school to visit with his or her parent prior to deployment or while on leave; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. SB 462. By Senators Carter of the 13th, Kemp of the 46th, Hamrick of the 30th, Mullis of the 53rd and Miles of the 43rd: 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 for sheriffs, so as to place courthouse security under the authority of the sheriff; to require a courthouse security plan which shall be subject to the approval of the chief superior court judge; to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to remove courthouses and jails from the list of properties protected; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 474. By Senators Carter of the 13th, Thomas of the 54th, Moody of the 56th, Rogers of the 21st, Seay of the 34th 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 establish school THURSDAY, FEBRUARY 23, 2006 1509 health advisory councils to serve as advisory bodies to local boards of education on health, physical education, and nutrition policy; to provide for a short title; to provide certain requirements for physical education instruction for students in kindergarten and grades one through eight; to encourage a wide range of supplemental health, physical activity, and nutrition programs that may be provided on school property beyond the confines of the traditional school day; to require local boards of education to adopt and implement a coordinated school health program; to provide for a state office to promote student health and physical fitness; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. SB 486. By Senators Balfour of the 9th, Schaefer of the 50th, Grant of the 25th, Shafer of the 48th and Douglas of the 17th: A BILL to be entitled an Act to amend Code Section 34-8-35 of the Official Code of Georgia Annotated, relating to the definition of employment under the employment security law, so as to exempt direct sellers from the definition of employment; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Industrial Relations. SB 525. By Senator Williams of the 19th: A BILL to be entitled an Act to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change certain provisions regarding the issuance of tax executions by tax collectors and tax commissioners; to provide for a definition; to provide for procedures; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 545. By Senators Mullis of the 53rd, Thomas of the 54th, Douglas of the 17th, Balfour of the 9th, Heath of the 31st and others: A BILL to be entitled an Act to amend Code Section 16-12-51 of the Official Code of Georgia Annotated, relating to definitions regarding bingo games, so as to provide a definition of nonprofit, tax-exempt organization; to provide for related matters; to repeal conflicting laws; and for other purposes. 1510 JOURNAL OF THE HOUSE Referred to the Committee on Ways & Means. SR 639. By Senator Seabaugh of the 28th: A RESOLUTION dedicating the SGT Mike Stokely Memorial Highway; and for other purposes. Referred to the Committee on Transportation. SR 864. By Senators Douglas of the 17th and Hudgens of the 47th: A RESOLUTION dedicating the SGT Mike Stokely Memorial Highway; and for other purposes Referred to the Committee on Transportation. The following members were recognized during the period of Morning Orders and addressed the House: Jackson of the 161st, Watson of the 91st, Chambers of the 81st, Sims of the 169th, and Cooper of the 41st. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1199. By Representatives Jenkins of the 8th and Ralston of the 7th: A RESOLUTION commending Howard "Fiddlin" Cunningham on his accomplishments in his chosen field of music and entertainment and inviting him to appear before the House of Representatives; and for other purposes. HR 1465. By Representatives Reese of the 98th, Cox of the 102nd and Coan of the 101st: A RESOLUTION commending Riverside Elementary School on receiving a Single Statewide Accountability System Platinum Award from the Governor's Office of Student Achievement and inviting Mr. Craig Barlow, principal of Riverside Elementary School, to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill and Resolutions of the House were taken up for consideration and read the third time: THURSDAY, FEBRUARY 23, 2006 1511 HR 1081. By Representatives Smith of the 113th, Ehrhart of the 36th, Harbin of the 118th, Royal of the 171st, Floyd of the 147th and others: A RESOLUTION creating the Joint Higher Education Finance and Formula Study Committee; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Y 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 Coleman, B Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Gardner Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Heard, J Y Heard, K Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard, E 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 Y Lunsford Y Maddox Y Mangham E Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 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 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 Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 153, nays 0. 1512 JOURNAL OF THE HOUSE The Resolution, having received the requisite constitutional majority, was adopted. Representative Heard of the 104th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1250. By Representatives Barnard of the 166th and Greene of the 149th: A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, so as to change the repeal date of the "Probation Management Act of 2004"; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E 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 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 Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Geisinger Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Heard, J Y Heard, K Y Hill, C.A Y Holmes Y Holt Y Horne Houston Y Howard, E Y Hudson Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Keen Y Keown Y Kidd Y Knight N Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 Reece, S Reese Y Rice Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre 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 THURSDAY, FEBRUARY 23, 2006 1513 Coleman, B Coleman, T Y Cooper Y Cox Heckstall Y Hembree Henson Y Hill, C Y Maddox Y Mangham E Manning Y Marin Y Roberts E Rogers Y Royal Y Rynders Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 150, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative Heard of the 104th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HR 1259. By Representative Barnard of the 166th: 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 Chatham, Coweta, Douglas, Grady, and Muscogee counties, Georgia; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: 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 Bryan, Camden, Charlton, Chatham, Coweta, Douglas, Glynn, Grady, and Muscogee counties, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Bryan, Camden, Charlton, Chatham, Coweta, Douglas, Glynn, Grady, and Muscogee counties, Georgia; and WHEREAS, Terry L. Hall, Georgia Power Company, Greystone Power Corporation, the City of Cairo, the Columbus Consolidated Government, and Southern Natural Gas Company 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 Natural Resources and Department of Technical and 1514 JOURNAL OF THE HOUSE Adult Education, with respect to the 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 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 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Terry L. Hall, 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 purpose 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 lying west of Windsor, 6th GMD Chatham 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 February 20, 2002, prepared by Vincent Helmly 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 ingress and egress. SECTION 4. That Terry L. Hall 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 5. That, after Terry L. Hall 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 THURSDAY, FEBRUARY 23, 2006 1515 easement granted herein. Upon abandonment, Terry L. Hall, or his 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 ingress and egress shall become the property of the State of Georgia, or its successors and assigns. SECTION 6. That no title shall be conveyed to Terry L. Hall and, except as herein specifically granted to Terry L. Hall, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Terry L. Hall. SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Terry L. Hall shall remove or relocate his facilities to the alternate easement area at his 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 Terry L. Hall. 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 and 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, a county with respect to the county road system, or 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 Terry L. Hall 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 1516 JOURNAL OF THE HOUSE 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 Chatham 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 Terry L. Hall shall expire three years after the date that this resolution becomes effective. SECTION 13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE II SECTION 14. That the State of Georgia is the owner of the hereinafter described real property in Coweta County, and 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 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 purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating an electrical distribution line together with the right of ingress or 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 112, 113, 116, 117, 132, 133, 139, 140, 155, 156, 161, and 176 of the 4th District, Coweta 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 titled "Plant Yates Transmission Line", THURSDAY, FEBRUARY 23, 2006 1517 additional easement to be acquired crossing the property of Georgia Department of Natural Resources, 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 planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution line. SECTION 17. That the 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 18. That, after the 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, the 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 19. That no title shall be conveyed to the Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 20. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best 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 1518 JOURNAL OF THE HOUSE 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 and at no cost and expense to the State of Georgia. SECTION 21. That this resolution does not affect and is not intended to affect any rights, powers, interests, or liability of the Department of Transportation with respect to the state highway system, a county with respect to the county road system, or 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 22. 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 23. That the consideration for such easement shall be for $10.00 and the acknowledgment that Georgia Power Company conveyed 564 acres to the State of Georgia for a consideration of $10.00, a portion of which the herein described easement traverses, 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 Coweta 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 Georgia Power Company 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. THURSDAY, FEBRUARY 23, 2006 1519 ARTICLE III SECTION 27. 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 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 the State Properties Commission. SECTION 28. That the State of Georgia, acting by and through its State Properties Commission, may grant to Greystone Power Corporation, 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 lot 882, 13th District, 2nd Section, Douglas 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 Greystone Power Corporation, and attached as EXHIBIT "A" to that certain revocable license agreement dated June 15, 2005 and designated as real property record #10115, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval." SECTION 29. That the above-described premises shall be used solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution line. SECTION 30. That Greystone Power Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical distribution line. SECTION 31. That after the Greystone Power Corporation 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, Greystone Power Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which 1520 JOURNAL OF THE HOUSE event the facility shall be the property of the State of Georgia, or its successors and assigns. SECTION 32. That no title shall be conveyed to Greystone Power Corporation, and, except as herein specifically granted to Greystone Power Corporation, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Greystone Power Corporation. SECTION 33. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Greystone Power Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed 20 percent the amount of a written estimate provided by Greystone Power Corporation. 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 and at no cost and expense to the State of Georgia. 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, a county with respect to the county road system, or 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 statues in its use of the easement area. SECTION 35. That the easement granted to Greystone Power Corporation 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 THURSDAY, FEBRUARY 23, 2006 1521 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 Douglas 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 Greystone Power Corporation 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 Grady 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 41. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Cairo, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of utilities on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating utilities 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 381 and 20, 17th and 18th Land District, Grady County, Georgia, and are more particularly described as follows: "That portion and that portion only as shown highlighted in yellow on a plat of survey dated October 1, 2003 prepared by Larry W. Grogan and all being on file in the offices 1522 JOURNAL OF THE HOUSE 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 utilities. SECTION 43. That the City of Cairo 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 utilities. SECTION 44. That, after the City of Cairo has put into use the utilities 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 Cairo, 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 the City of Cairo, and, except as herein specifically granted to the City of Cairo, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Cairo. SECTION 46. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and the City of Cairo 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 THURSDAY, FEBRUARY 23, 2006 1523 City of Cairo. 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 and at no cost and expense to the State of Georgia. SECTION 47. 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, a county with respect to the county road system, or 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 statues in its use of the easement area. SECTION 48. That the easement granted to the City of Cairo 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 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 50. That this grant of easement shall be recorded by the grantee in the Superior Court of Grady 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 the City of Cairo 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 Muscogee County and the property is in the custody of the Department of Technical and 1524 JOURNAL OF THE HOUSE 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 54. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Columbus Consolidated Government, 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 land lot 59, 9th District of Muscogee 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 May 10, 2005 and prepared by A. B. Moon Jr., and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval." SECTION 55. That the above-described premises shall be used solely for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line. SECTION 56. That the Columbus Consolidated Government 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 Columbus Consolidated Government 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 Columbus Consolidated Government, 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 be the property of the State of Georgia, or its successors and assigns. SECTION 58. That no title shall be conveyed to the Columbus Consolidated Government, and, except THURSDAY, FEBRUARY 23, 2006 1525 as herein specifically granted to Columbus Consolidated Government, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Columbus Consolidated Government. SECTION 59. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and the Columbus Consolidated Government 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 Columbus Consolidated Government. 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 and at no cost and expense to the State of Georgia. SECTION 60. 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, a county with respect to the county road system, or 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 statues in its use of the easement area. SECTION 61. That the easement granted to the Columbus Consolidated Government 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 the fair market value, but not less 1526 JOURNAL OF THE HOUSE that $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 63. That this grant of easement shall be recorded by the grantee in the Superior Court of Muscogee 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 Columbus Consolidated Government 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 Bryan, Camden, Charlton, Chatham, and Glynn counties, and 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 67. That the State of Georgia, acting by and through its State Properties Commission, may grant to Southern Natural Gas Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a natural gas pipeline 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 natural gas pipeline together with the right of ingress or egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located on state property known as creek or river bottoms of St. Augustine Creek and the Ogeechee, Little Satilla, St. Marys, and Satilla Rivers and/or tidally influenced lands near these waters and manages a state owned scenic easement along the Altamaha River in Glynn County, Georgia, and is more particularly described as outlined in yellow on a drawing prepared by Southern Natural Gas Company and being titled "Proposed Cypress Pipeline Crossings Over State Lands and Tidal Areas", 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. THURSDAY, FEBRUARY 23, 2006 1527 SECTION 68. That the above-described premises shall be used solely for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said natural gas pipeline. SECTION 69. That, after Southern Natural Gas Company has put into use the natural gas pipeline 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, Southern Natural Gas 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 70. That no title shall be conveyed to Southern Natural Gas Company, and, except as herein specifically granted to Southern Natural Gas Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Southern Natural Gas Company. SECTION 71. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Southern Natural Gas 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 Southern Natural Gas 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 and at no cost and expense to the State of Georgia. SECTION 72. That this resolution does not affect and is not intended to affect any rights, powers, interests, or liability of the Department of Transportation with respect to the state 1528 JOURNAL OF THE HOUSE highway system, a county with respect to the county road system, or 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 the easement granted to Southern Natural Gas 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 74. That the consideration for such easement shall be for not less than 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 75. That this grant of easement shall be recorded by the grantee in the Superior Courts of Bryan, Camden, Charlton, Chatham, and Glynn counties and a recorded copy shall be forwarded to the State Properties Commission. SECTION 76. That the authorization in this resolution to grant the above-described easement to Southern Natural Gas Company shall expire three years after the date that this resolution becomes effective. SECTION 77. 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 78. That all laws and parts of laws in conflict with this resolution are repealed. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: THURSDAY, FEBRUARY 23, 2006 1529 Y Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis N Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox Y Mangham E Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 E Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V 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 adoption of the Resolution, by substitute, the ayes were 153, nays 1. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. 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 1531 Do Pass HR 1532 Do Pass The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: 1530 JOURNAL OF THE HOUSE HR 1531. By Representative Floyd of the 147th: A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Ferrell Henry, Mr. Don Tucker, Mr. Zack Wade, and Mr. Joe Cook and inviting the cooking team to appear before the House of Representatives; and for other purposes. HR 1532. By Representative Floyd of the 147th: A RESOLUTION recognizing and commending Miss Jenna Morgan Stanford, 2006 Georgia Watermelon Queen, and inviting her to appear before the House of Representatives; and for other purposes. The following Resolution of the House was read and referred to the Committee on Rules: HR 1536. By Representatives Jones of the 44th, Brooks of the 63rd and Williams of the 165th: A RESOLUTION commending the legendary musical group, The Tams, 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 House were taken up for consideration and read the third time: HB 1023. By Representatives Franklin of the 43rd, Forster of the 3rd, Willard of the 49th, Lane of the 167th, Neal of the 1st and others: A BILL to be entitled an Act to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide that a person must have reached the age of majority to contract marriage; to repeal an exception to such age requirement in the case of pregnancy or live birth; to remove an exception to parental consent based upon pregnancy or live birth; 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 provide a procedure for children who are 16 or 17 years of age to petition the juvenile court for permission to marry; to provide for definitions; to THURSDAY, FEBRUARY 23, 2006 1531 provide for time and notice of hearing; to provide for conduct of the hearing; to provide for applicability to nonresidents; to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide that a person be at least 18 years of age in order to contract for marriage except under limited circumstances; to repeal an exception to such age requirement in the case of pregnancy or live birth; to repeal an exception to parental consent based upon pregnancy or live birth; to change certain provisions relating to proof of age for applicants to marry; to change certain provisions relating to parental consent; to repeal a provision relating to notification of parents for underage applicants and additional 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 adding a new Article 6 to the end of the chapter, to read as follows: "ARTICLE 6 15-11-180. As used in this article, the term: (1) 'Applicant' means a person 16 or 17 years of age applying for permission to contract for marriage for whom parental consent as provided in Code Section 19-3-37 has not been given. (2) 'Guardian' shall have the same meaning as provided in Code Section 19-3-37. (3) 'Parent' shall have the same meaning as provided in Code Section 19-3-37. 15-11-181. Either applicant may petition the juvenile court in which the applicant resides for a waiver of the age requirement for marriage pursuant to the procedures set forth in this article. The juvenile court shall assist the applicant in preparing the petition and notices required pursuant to this subsection. No filing fees shall be required of any applicant who uses the procedures set forth in this article. 15-11-182. Notwithstanding Code Sections 15-11-38, 15-11-38.1, and 15-11-39, the applicant shall be notified of the date, time, and place of the hearing at the time of filing the petition. The hearing shall be held within 30 days of the date of filing. The parents or guardian of the applicant and the parents or guardian of the prospective spouse if the prospective spouse is less than 18 years of age shall be served with the petition or with a summons or otherwise notified of the hearing. 1532 JOURNAL OF THE HOUSE 15-11-183. (a) The applicant, prospective spouse, parents or guardian of the applicant, and parents or guardian of the prospective spouse if the prospective spouse is less than 18 years of age may participate in the court proceedings. The court may hear testimony from any interested party to the proceeding and shall consider parental consent utilizing the procedures set forth in Code Section 19-3-37. (b) The requirement that a person shall be 18 years of age as set forth in paragraph (2) of subsection (a) of Code Section 19-3-2 shall be waived if the court finds that it is in the best interest of the applicant to allow the parties to contract for marriage. (c) A court that conducts proceedings under this Code section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a record of the evidence be maintained. The juvenile court shall render its decision within seven days of the conclusion of the hearing and a certified copy of the same shall be furnished to the applicant, the prospective spouse, the parents or guardian of the applicant, and the parents or guardian of the prospective spouse if the prospective spouse is less than 18 years of age. 15-11-184. The requirements and procedures of this article shall apply to all persons 16 or 17 years of age within this state whether or not such persons are residents of this state." SECTION 2. Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, is amended by striking Code Section 19-3-2, relating to who may contract marriage, and inserting in lieu thereof the following: "19-3-2. (a) To be able to contract marriage, a person must: (1) Be of sound mind; (2) Except as provided in subsection (b) of this Code section and Article 6 of Chapter 11 of Title 15, be Be at least 16 18 years of age. If either applicant is under the age of majority, parental consent shall be required, as provided in Code Section 19-3-37. However, the age limitations contained in this paragraph shall not apply upon proof of pregnancy on the part of the female or in instances in which both applicants are the parents of a living child born out of wedlock, in which case the parties may contract marriage regardless of age; (3) Have no living spouse of a previous undissolved marriage. The dissolution of a previous marriage in divorce proceedings must be affirmatively established and will not be presumed. Nothing in this paragraph shall be construed to affect the legitimacy of children; and (4) Not be related to the prospective spouse by blood or marriage within the prohibited degrees. (b) If either applicant for marriage is 16 or 17 years of age, parental consent as provided in Code Section 19-3-37 shall be required." THURSDAY, FEBRUARY 23, 2006 1533 SECTION 3. Said chapter is further amended by striking in its entirety Code Section 19-3-36, relating to proof of age of applicants, physician's certificate of pregnancy or parenthood of applicants under age of 16, inspection of certificate, and destruction of certificate, and inserting in lieu thereof the following: "19-3-36. (a) The judge of the probate court to whom the application for a marriage license is made shall satisfy himself or herself that the provisions set forth in Code Section 19-3-2 regarding age limitations are met or that such limitations are not required by virtue of an order issued pursuant to Code Section 15-11-183. If the judge does not know of his or her own knowledge the age of a party for whom a marriage license is sought, he the judge shall require the applicant to furnish him the court with documentary evidence of proof of age in the form of a birth certificate, driver's license, baptismal certificate, certificate of birth registration, selective service card, court record, passport, immigration papers, alien papers, citizenship papers, armed forces discharge papers, armed forces identification card, or hospital admission card containing the full name and date of birth. In the event an applicant does not possess any of the above but appears to the judge to be at least 25 years of age, the applicant, in lieu of furnishing the judge with one of the above, may give an affidavit to the judge stating the applicant's age. Applicants who have satisfactorily proved that they have reached the age of majority may be issued a marriage license immediately. (b) In cases where either or both of the applicants have not yet reached the age of 16 years, the underage applicant or applicants must submit evidence in the form of a licensed physician's certificate that the female is pregnant or evidence that both applicants are parents of a living child born out of wedlock, in which case the parties may be issued a marriage license immediately. The certificate signed by a licensed physician shall be available for inspection by the parents or guardians of either the female or male applicant under this subsection, prior to the destruction of the certificate as provided in this subsection; but the certificate shall not be open to public inspection except on order of a judge of the superior court. After the birth of the child and upon the presentation of the birth certificate of the child to the judge of the probate court and the verification of the accuracy of the birth certificate, the physician's certificate that the female was pregnant and all records of the certificate under the control of the judge shall be destroyed. For purposes of this subsection, the term 'licensed physician's certificate' shall include only those certificates signed by physicians licensed under Chapter 34 of Title 43." SECTION 4. Said chapter is further amended by striking Code Section 19-3-37, relating to parental consent to marriage of underage applicants, when necessary, and how obtained, and inserting in lieu thereof the following: "19-3-37. (a) Definitions. As used in this Code section, the term: 1534 JOURNAL OF THE HOUSE (1) 'Guardian' shall be held to include the same relationships between spouses as the relationships described in paragraph (2) of this subsection between parents and means: (A) Any person at least five years older than the applicant standing in loco parentis to the applicant for at least two years; (B) Any person at least five years older than the applicant with whom the applicant has lived for at least two years and who has or would be allowed to claim the applicant as a dependent for the purposes of a federal dependent income tax deduction; (C) Any relative by blood or marriage at least five years older than the applicant and with whom the applicant has lived at least two years, when the whereabouts of the applicant's parents are unknown; or (D) A court appointed guardian. (2) 'Parent' means: (A) Both parents if the parents are living together; (B) The parent who has legal custody if the parents are divorced, separated, or widowed; or (C) Either parent if the parents are living together but one parent is unavailable because of illness or infirmity or because he or she is not within the boundaries of this state or because physical presence is impossible. (b) When parental consent required; how obtained. Except when the female applicant is pregnant or when both applicants are the parents of a living child born out of wedlock, in In cases where the parties applying for a license have not yet reached the age of majority are 16 or 17 years of age, their ages to be proved to the judge of the probate court as provided in Code Section 19-3-36, the parents or guardians of each underage applicant must shall appear in person before the judge and consent to the proposed marriage, provided that if physical presence because of illness or infirmity is impossible, an affidavit by the incapacitated parent or guardian along with an affidavit signed by a licensed attending physician stating that the parent or guardian is physically incapable of being present shall suffice. The licensed attending physician shall include only those physicians licensed under Chapter 34 of Title 43 or under corresponding requirements pertaining to licensed attending physicians in sister states. (c) Alternative methods for obtaining parental consent. (1) When the parents or guardians of any underage applicants requiring parental consent reside within the state but in a county other than the county where the marriage license is to be issued, it shall not be necessary for the parents or guardians to appear in person before the judge of the probate court of the latter county and consent to the proposed marriage, if the parents or guardians appear in person and consent to the proposed marriage before the judge of the county in which they reside. (2) Where the parents or guardians of any underage applicants requiring parental consent reside outside the state, it shall not be necessary for the parents or guardians to appear in person before the judge of the probate court and consent to the proposed marriage, if the parents or guardians appear in person before the judicial authority of THURSDAY, FEBRUARY 23, 2006 1535 their county who is authorized to issue marriage licenses and consent to the proposed marriage before the judicial authority. If the parents or guardians are physically incapable of being present because of illness or infirmity, the illness or infirmity may be attested to by an attending physician licensed in such state, as is provided for in subsection (a) of this Code section. (3) Where the alternate provisions for parental consent are utilized under paragraph (1) or (2) of this subsection, the parents or guardians shall obtain a certificate from the judge of the probate court or the proper judicial officer before whom they have appeared with the seal and title of the official appearing thereon, the certificate containing information to the effect that the parents or guardians appeared before the judge or judicial officer and consented to the proposed marriage." SECTION 5. Said chapter is further amended by striking Code Section 19-3-28, relating to notification of parents of underage applicants and an additional fee, and inserting in lieu thereof the following: "19-3-38. The judge of the probate court shall be required, in all cases where parental consent is not required under Code Sections 19-3-2, 19-3-36, and 19-3-37, to notify the parents of any male or female 17 years of age or younger who applies for a marriage license. The parents shall be notified immediately by first-class mail at their last known address. In license applications which require notification of parents under this Code section, the judge shall collect an additional fee of $1.00, which shall be in addition to any other fee authorized by law. Reserved." SECTION 6. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Mangham of the 94th moves to amend the Committee substitute to HB 1023 as follows: Page 3 line 11 strike. Replace line 12 to original bill. If either applicant is under the age of majority and within three (3) years of each other, parental consent shall be required, as provided in Code Section 19-3-37. However, the age limitations contained in this paragraph shall not apply upon proof of pregnancy on the part of the female or in instances... add on line 17 "if within age of three years of each applicant." Line 17 strike "regardless of age." 1536 JOURNAL OF THE HOUSE On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Abdul-Salaam N Amerson Y Anderson N Ashe N Barnard N Barnes N Bearden Beasley-Teague Y Benfield N Benton N Black Y Bordeaux N Borders Bridges Y Brooks N Brown N Bruce Y Bryant N Buckner, D N Buckner, G N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter N Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman, B N Coleman, T N Cooper N Cox N Crawford Y Cummings N Davis N Day Dean N Dickson N Dodson N Dollar N Drenner Y Dukes N Ehrhart N England N Epps N Everson N Fleming N Floyd, H N Floyd, J Y Fludd N Forster N Franklin N Freeman N Gardner N Geisinger N Golick N Graves, D N Graves, T N Greene N Hanner N Harbin N Hatfield N Heard, J N Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A N Holmes N Holt N Horne N Houston Y Howard, E Y Hudson Y Hugley Y Jackson N Jacobs Y James N Jamieson Jenkins N Jennings Y Johnson N Jones, J N Jones, S Y Jordan N Keen N Keown N Kidd N Knight N Knox Y Lakly Y Lane, B N Lane, R N Lewis N Lindsey N Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham E Manning N Marin N Martin N Maxwell N May N McCall E McClinton N Meadows E Millar N Mills Mitchell Y Morgan N Morris Y Mosby N Mosley Y Mumford N Murphy, J N Murphy, Q N Neal N Oliver N O'Neal N Orrock Y Parham Y Parrish N Parsons Y Porter N Powell N Ralston Y Randall N Ray N Reece, B N Reece, S N Reese N Rice N Roberts E Rogers N Royal N Rynders Y Sailor N Scheid N Scott, A N Scott, M N Setzler N Shaw N Sheldon Sims, C Y Sims, F Sinkfield N Smith, B N Smith, L N Smith, P N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton N Teilhet N Thomas, A.M N Thomas, B N Tumlin N Walker N Warren Y Watson N Wilkinson N Willard N Williams, A Y Williams, E N Williams, R N Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 36, nays 132. 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. THURSDAY, FEBRUARY 23, 2006 1537 On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Amerson N Anderson Y Ashe N Barnard Y Barnes Y Bearden Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N 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 N 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 Everson Y Fleming Y Floyd, H N Floyd, J N Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holmes N Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley N Jackson Y Jacobs N James Y Jamieson 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 N Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham E Manning Y Marin Y Martin Y Maxwell Y May N McCall E McClinton Y Meadows E Millar 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 Y Orrock Y Parham N Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall N Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts E Rogers N Royal Y Rynders N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre 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 Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 142, nays 27. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. The Speaker announced the House in recess until 1:15 o'clock, this afternoon. 1538 JOURNAL OF THE HOUSE AFTERNOON SESSION The Speaker called the House to order. The following Resolutions of the House were read: HR 1533. By Representatives Coleman of the 144th and Porter of the 143rd: A RESOLUTION commending Mr. Sherwin Glass; and for other purposes. HR 1539. By Representatives Benfield of the 85th, Smyre of the 132nd, Watson of the 91st, Hanner of the 148th, Carter of the 159th and others: A RESOLUTION remembering the life of Honorable Eleanor L. Richardson, former member of the House of Representatives; and for other purposes. HR 1540. By Representative Hembree of the 67th: A RESOLUTION commending Ms. Rebecca Rowlett Rutledge on her service to the Georgia Department of Education; and for other purposes. HR 1541. By Representative Floyd of the 147th: A RESOLUTION recognizing and commending the Slosheye Trail Big Pig Jig; and for other purposes. HR 1542. By Representative Smith of the 113th: A RESOLUTION congratulating Mrs. Willie Oaks on the occasion of her 100th birthday; and for other purposes. HR 1543. By Representative Davis of the 109th: A RESOLUTION congratulating Eagles Landing Christian Academy on winning the 109th District Art Project contest; and for other purposes. HR 1544. By Representative Jones of the 44th: A RESOLUTION congratulating Stefanie Feldman on being named a Distinguished Finalist in the Prudential Spirit of Community Awards and commending her on her service to the community; and for other purposes. THURSDAY, FEBRUARY 23, 2006 1539 HR 1545. By Representatives Loudermilk of the 14th, Day of the 163rd, Lunsford of the 110th, Lewis of the 15th, Wix of the 33rd and others: A RESOLUTION commending the volunteers of the Civil Air Patrol and recognizing March 16, 2006, as Civil Air Patrol Day at the Capitol; and for other purposes. HR 1546. By Representative Franklin of the 43rd: A RESOLUTION commending and congratulating Adria Hampton; and for other purposes. On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: Abdul-Salaam Amerson Anderson Y Ashe Y Barnard Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Brooks Brown Bruce Y Bryant Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Burns Butler Y Byrd Carter Y Casas Y Chambers Y Channell Y Cheokas Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Y Crawford Cummings Y Davis Day Dean Y Dickson Y Dodson Dollar Drenner Dukes Y Ehrhart Y England Epps Y Everson Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger Golick Y Graves, D Y Graves, T Greene Hanner Y Harbin Y Hatfield Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Hill, C.A Holmes Y Holt Y Horne Houston Howard, E Y Hudson Y Hugley Jackson Jacobs James Y Jamieson Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Jordan Y Keen Y Keown Y Kidd E Knight Y Knox Lakly Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Marin Martin Y Maxwell Y May McCall E McClinton Y Meadows E Millar Mills Mitchell Y 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 Powell Y Ralston Randall Ray Y Reece, B E Reece, S Reese Rice Y Roberts E 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 Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Tumlin Walker Warren Y Watson Y Wilkinson Y Willard Y Williams, E Y Williams, R Y Wix Y Yates Williams, A Richardson, Speaker 1540 JOURNAL OF THE HOUSE On the adoption of the Resolutions, the ayes were 104, nays 0. The Resolutions were adopted. Due to a mechanical malfunction, the vote of Representative Lane of the 158th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representatives Jacobs of the 80th and Jenkins of the 8th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Representative Burmeister of the 119th moved that the following Bill of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Rules: 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 physician's 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. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam Amerson Anderson Y Ashe Y Barnard Barnes Y Bearden Beasley-Teague Benfield N Benton Y Black Bordeaux N Borders Y Crawford Cummings Y Davis Day Dean Y Dickson Y Dodson Dollar Drenner Y Dukes Ehrhart Y England Epps Hill, C.A Holmes Y Holt Y Horne Houston Howard, E Y Hudson Y Hugley Jackson Jacobs James N Jamieson Jenkins Martin Y Maxwell Y May McCall E McClinton Y Meadows E Millar Mills Mitchell Morgan Y Morris 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 Smith, B Y Smith, L Y Smith, P THURSDAY, FEBRUARY 23, 2006 1541 Y Bridges Brooks Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Burns Butler Y Byrd Y Carter Y Casas Y Chambers Channell Y Cheokas Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Everson 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 Greene Y Hanner Y Harbin Y Hatfield Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Jennings Y Johnson Jones, J Y Jones, S Jordan Y Keen Y Keown Y Kidd E Knight Y Knox N Lakly Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Orrock Parham Y Parrish Y Parsons Y Porter Powell Y Ralston Randall Ray Y Reece, B E Reece, S Reese Rice Y Roberts E Rogers Y Royal Y Rynders Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 107, nays 6. 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 Speaker Pro Tem assumed the Chair. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1170. By Representatives Parsons of the 42nd, Williams of the 4th, Hembree of the 67th, Heard of the 104th, Smith of the 70th and others: 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 change certain provisions relating to examination fees for application for certificate of registration; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL 1542 JOURNAL OF THE HOUSE To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change certain provisions relating to the Board of Cosmetology; to change certain provisions relating to examination fees for application for certificate of registration; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by striking subsection (c) of Code Section 43-10-2, relating to creation of the Board of Cosmetology, and inserting in lieu thereof the following: "(c) The board shall meet as necessary each year for the purpose of holding examinations, adopting rules and regulations, and handling other matters pertaining to duties of the board. Board members may attend and observe all written and practical examinations held for certificates of registration pursuant to this chapter. SECTION 2. Said chapter is further amended by striking Code Section 43-10-9, relating to application for certificate of registration, examination, work permit, reciprocity, study at technical college or public school, and eligibility of licensed barber, and inserting in lieu thereof the following: "43-10-9. (a) Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of cosmetology shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,500 credit hour study course with at least nine months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 3,000 credit hours; has practiced or studied the occupation of cosmetology; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (4) of Code Section 43-10-1, and in all the duties and services incident thereto; has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented himself or herself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of master cosmetologist. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under THURSDAY, FEBRUARY 23, 2006 1543 this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (b) Should an applicant under this Code section fail to pass the written or the practical examination, the board shall furnish the applicant a statement in writing, stating wherein the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this Code section, provided they again pay the required examination fee. (c) An approved applicant for examination under this Code section may be issued a work permit authorizing said applicant to practice such occupation until the release of the results of the written and the practical examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination. (d) Should an applicant have a current cosmetology license in force from another state or country, or territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid to the division director a fee in such amount as shall be set by the board by regulation and pays a fee and submits an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level, entitling the applicant to practice the occupation of cosmetology or the teaching of cosmetology at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice cosmetology outside of this state and who desires to obtain a license or certificate at a level authorized under this Code section to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (e) Any person desiring to obtain a certificate of registration at the esthetician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,000 credit hour study course of at least nine months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 2,000 credit hours; has practiced or studied cosmetic skin care as defined in paragraph (5) of Code Section 43-10-1; is possessed of the requisite skill to perform properly these services; has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented himself or herself at the next meeting of the board for examination of applicants at which such 1544 JOURNAL OF THE HOUSE person is scheduled for examination and has passed a written and a practical examination approved by the board, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the esthetician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (f) Any person desiring to obtain a certificate of registration at the nail technician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 525 credit hour study course of at least four months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 1,050 credit hours; has practiced or studied nail care; is possessed of the requisite skill to perform properly these services; has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented himself or herself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the nail technician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (g) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration for the occupation of cosmetology at the master level, the esthetician level, or the nail technician level if such person obtains his or her credit hour study at a State Board of Education approved school or a technical college under the jurisdiction of the Department of Technical and Adult Education or the Department of Education rather than at a board approved school. (h) A person licensed to practice barbering under Chapter 7 of this title shall be eligible to take the master cosmetologist examination provided for in this Code section if that person completes a board approved 250 hour prescribed course in an approved cosmetology school, submits a completed application, and pays the proper fees established by the board. (i) Board members may attend and observe all written and practical examinations held for certificates of registration pursuant to this Code section." THURSDAY, FEBRUARY 23, 2006 1545 SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Amerson Anderson Y Ashe Y Barnard Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges 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 Y Cooper Y Cox Y Crawford Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Houston Howard, E Y Hudson Y Hugley Jackson Y Jacobs James Y Jamieson Jenkins Y Jennings Johnson Jones, J Y Jones, S Jordan Y Keen Y Keown Y Kidd E Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Mangham E Manning Y Marin Martin Y Maxwell Y May McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Y Oliver Y O'Neal Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Randall Ray Y Reece, B E Reece, S Y Reese Y Rice Y Roberts E 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 Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet 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 1546 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 132, 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. HB 1145. By Representatives Ralston of the 7th, Mumford of the 95th and Forster of the 3rd: 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 change provisions relating to mental health proceedings; to provide for definitions; to reorganize certain provisions of the article for clarity; to require a child to be represented by an attorney if the child is being evaluated for competency; to change certain provisions relating to the content of an evaluator's report; to provide for least restrictive environments, where possible; to provide certain information to victims; to provide for disposition where a child will not become competent; 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 change provisions relating to mental health proceedings; to provide for definitions; to reorganize certain provisions of the article for clarity; to require a child to be represented by an attorney if the child is being evaluated for competency; to change certain provisions relating to the content of an evaluator's report; to provide for least restrictive environments, where possible; to provide certain information to victims; to provide for disposition where a child will not become competent; 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 Article 4, relating to mental health, and inserting in lieu thereof the following: THURSDAY, FEBRUARY 23, 2006 1547 "ARTICLE 4 15-11-149. (a) Study and report. If, at any time, the evidence indicates that a child may be suffering from mental retardation or mental illness, the court may commit the child to an appropriate institution, agency, or individual for study and report on the child's mental condition. (b) Determination of disability. The juvenile court judge shall determine whether a child has been determined to be handicapped as defined in 20 U.S.C. Sections 1401(a)(1) and 1401(a)(15). If there is an Individualized Education Program (IEP) as defined in 20 U.S.C. Section 1401(a)(20), it shall be made a part of the dispositional hearing record. (c) Commitment. If it appears from the study and report undertaken pursuant to subsection (a) of this Code section that the child is committable under the laws of this state as a mentally retarded or mentally ill child, the court shall order the child detained and shall proceed within ten days to commit the child to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. (d) Other disposition or transfer. If the child is found not to be committable, the court shall proceed to the disposition or transfer of the child as otherwise provided by Article 1. (e) Applicability of Code Section 15-11-62. The provisions of Code Section 15-11-62 shall not apply to any child 13 to 15 years of age who is found to be suffering from mental illness or mental retardation. Any such child shall not be committed to the Department of Corrections but shall be committed to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources as provided in this Code section. 15-11-150. (a) The purpose of this article is to: (1) Set forth procedures for a determination of mental incompetency and a declaration of dependency for any child while the child is determined to be not mentally competent; and (2) Provide a mechanism for the development and implementation of a mental competency plan for treatment, habilitation, support, or supervision, within current resources, for any child who is determined to be not mentally competent to participate in an adjudication or disposition hearing and is adjudicated dependent upon the court. (b) The provisions of this article shall not apply to any case in which the superior court has jurisdiction pursuant to Code Section 15-11-62. 15-11-151. As used in this article, the term: 1548 JOURNAL OF THE HOUSE (1) 'Dependent' means a child who is alleged to have committed a delinquent or unruly act, is found not mentally competent to stand trial by the court, and has charges pending which have not been dismissed by the court. (2) 'Judge' means any judge, associate judge, or judge pro tempore of the court exercising jurisdiction over juvenile matters. (3) 'Mental competency plan' means an interagency treatment, habilitation, support, or supervision plan developed at an interagency meeting of state or local agency representatives, parties, and other interested persons, which is achievable within the limits of current resources, following a court's finding that a child is not mentally competent and dependent upon the court and submitted to the court for approval as part of the disposition of the dependency case. The goal of a mental competency plan is supervision, to bring or restore the child to mental competency such that he or she is able to participate in adjudication, a disposition hearing for delinquency or unruliness, or a proceeding regarding transfer to superior court. (4) 'Mental competency proceedings' means hearings conducted to determine whether a child is mentally competent to participate in adjudication, a disposition hearing, or a transfer proceeding held pursuant to this chapter. (5) 'Mentally competent' means having sufficient present ability to understand the nature and objectives of the proceedings, against himself or herself, to comprehend his or her own situation in relation to the proceedings, and to render assistance to the defense attorney in the preparation and presentation of his or her case in all adjudication, disposition, or transfer hearings held pursuant to this chapter. The child's age or immaturity may be used as the basis for determining the child's competency. (6) 'Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. (7) 'Mental retardation' means a state of significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period. (8) 'Plan manager' means a person who is under the supervision of the court and is appointed by the court to convene a meeting of all relevant parties for the purpose of developing a mental competency plan. Said person is responsible for collecting all previous histories of the child including evaluations, assessments, and school records. (7)(9) 'Qualified examiner' means a licensed psychologist or psychiatrist who has expertise in child development and has received training in forensic evaluation procedures through formal instruction, professional supervision, or both. 15-11-152. (a) If at any time after the filing of a petition alleging delinquency or unruliness the court has reason to believe that the child named in the petition may not be mentally competent, the court on its own motion or on the motion of the attorney representing the child, any guardian ad litem for the child, the child's parent or legal guardian, or the THURSDAY, FEBRUARY 23, 2006 1549 attorney representing the state may stay all delinquency or unruly conduct proceedings relating to that petition and order an evaluation of the child's mental condition. Prior to the administration of any such evaluation, the court shall appoint an attorney to represent the child if the child is not yet represented by counsel. All time limits under Article 1 of this chapter for adjudication and disposition of that petition are tolled during the evaluation, adjudication, and disposition phases of the mental competency proceeding. (b) An evaluation ordered under subsection (a) of this Code section shall be conducted by a qualified examiner who shall consider whether the child is mentally competent. If the qualified examiner determines that the child is not competent, the qualified examiner shall complete a full mental health evaluation, study, and report pursuant to Code Section 15-11-149. If the basis for questioning the child's mental competency concerns a problem with intellectual functioning, mental retardation, mental illness, maturity, or a learning disability, the qualified examiner must be a licensed psychologist. The probation officers of juvenile court shall provide the qualified examiner with any law enforcement or court records necessary for understanding the petition alleging delinquency or unruliness. The attorney for the child may provide the qualified examiner with any records from any other available sources that are deemed necessary for the mental competency evaluation. (c) A qualified examiner who conducts an evaluation under subsection (b) of this Code section shall submit a written report to the court, within 30 days from receipt of the court order requiring the evaluation, which report shall contain the following: (1) The reason for the evaluation; (2) The evaluation procedures used, including any psychometric instruments administered, any records reviewed, and the identity of any persons interviewed; (3) Any available pertinent background information; (4) The results of a mental status exam, including the diagnosis and description of any psychiatric symptoms, cognitive deficiency, or both; (5) A description of abilities and deficits in the following mental competency functions: (A) The ability to understand and appreciate the nature and object of the proceedings; (B) The ability to comprehend his or her situation in relation to the proceedings; and (C) The ability to render assistance to the defense attorney in the preparation of his or her case; (6) An opinion regarding the potential significance of the child's mental competency, strengths, and deficits; and (7) An opinion regarding whether or not the child should be considered mentally competent; and (8) A specific statement for the basis for a determination of incompetence. (d) If, in the opinion of the qualified examiner, the child should not be considered mentally competent, the qualified examiner shall complete a full mental health 1550 JOURNAL OF THE HOUSE evaluation and report pursuant to Code Section 15-11-149, and such report shall also include the following: (1) A diagnosis made as to whether there is a substantial probability that the child will attain mental competency to participate in adjudication, a disposition hearing, and a transfer hearing in the foreseeable future; (2) A recommendation as to the appropriate treatment setting and whether residential or nonresidential treatment is required or appropriate; (3) Where appropriate, recommendations Recommendations for the general level and type of remediation necessary for significant deficits; and (3)(4) Where appropriate, recommendations Recommendations for modifications of court procedure which may help compensate for mental competency weaknesses. (e) The court in its discretion may grant the qualified examiner an extension in filing the evaluation report. (f) Copies of the written evaluation report shall be provided by the court to the attorney representing the child, the attorney representing the state, the district attorney prosecuting attorney or a member of his or her staff, and any guardian ad litem for the child no later than five working days after receipt of the report by the court. (g) Upon a showing of good cause by any party or upon the court's own motion, the court may order additional examinations by other qualified examiners. In no event shall more than one examination be conducted by a qualified examiner employed by the Department of Human Resources. (h) No statement made by a child or information obtained in the course of an evaluation, hearing, or other proceeding provided for in this Code section, whether the evaluation is with or without the consent of the child, shall be admitted into evidence against the child in any future proceeding in the state's case-in-chief. 15-11-153. (a) A hearing of to determine mental competency shall be conducted within 60 days after the initial court order for evaluation. At least ten days prior written notice of the hearing shall be transmitted to the child, any parent, guardian, or other legal custodian of the child, any guardian ad litem for the child, the attorney representing the child, and the attorney representing the state. Ten days prior written notice of the hearing shall be served on the district attorney, prosecuting attorney for all mental competency proceedings in which the district attorney prosecuting attorney, or a member of the district attorney's prosecuting attorney's staff, may participate. The hearing may be continued by the court for good cause shown. (b) The burden of proving that the child is not mentally competent shall be on the child. The standard of proof necessary for proving mental incompetency shall be a preponderance of the evidence. (c) At the hearing of to determine mental competency, the attorney representing the child and the attorney representing the state shall have the right to: (1) Present evidence; (2) Call and examine witnesses; THURSDAY, FEBRUARY 23, 2006 1551 (3) Cross-examine witnesses; and (4) Present arguments. The qualified examiner appointed by the court shall be considered the court's witness and shall be subject to cross-examination by both the attorney representing the child and the attorney representing the state. (c)(d) The court's findings of fact shall be based on any evaluations of the child's mental condition conducted by qualified examiners appointed by the court and any evaluations of the child's mental condition conducted by independent evaluators hired by the parties and any additional evidence presented. The burden of proving that the child is not mentally competent shall be on the child. The standard of proof necessary for proving mental incompetency shall be a preponderance of the evidence. Copies of the court's findings shall be transmitted to the same parties to whom notice of the hearing was provided within ten days following the issuance of those findings. (d)(e) If the court finds that the child is mentally competent, the proceedings which have been suspended shall be resumed and the time limits under Article 1 of this chapter for adjudication and disposition of the petition shall begin to run from the date of the order finding the child mentally competent. (e)(f) If the court finds that the child is not mentally competent, the child may shall be adjudicated dependent by the court. If the court determines that a child alleged to have committed an act which is a misdemeanor if committed by an adult or an unruly act is not mentally competent, and the child is adjudicated dependent, the court may dismiss the petition without prejudice. A child who is thus found not to be mentally competent shall not be subject to discretionary transfer to superior court, adjudication, disposition, or modification of disposition as long as such mental incompetency exists. At the time the child is adjudicated dependent upon the court, the court shall appoint a guardian ad litem to represent the best interests of the child if a guardian ad litem has not been appointed previously. (g) All court orders determining incompetency shall include specific written findings by the court as to the nature of the incompetency and whether the child requires a secure or nonsecure treatment. (h) Copies of the court's findings shall be transmitted to the same parties to whom notice of the hearing was provided within ten days following the issuance of those findings. 15-11-153.1. (a) If the court determines that a child is mentally incompetent, is dependent, is alleged to have committed an unruly act or an act which would be a misdemeanor if committed by an adult, the court may dismiss the petition without prejudice. (b) A child who is found to be mentally incompetent shall not be subject to discretionary transfer to superior court, adjudication, disposition, or modification of disposition provided that the mental incompetency exists. 15-11-153.2. 1552 JOURNAL OF THE HOUSE (a) If at any time following an adjudication of dependency, the court determines that the child is a resident of a county of this state other than the county in which the court sits, the court may transfer the proceeding to the county of the child's residence unless the act alleged would be a felony if committed by an adult. (b) When any case is transferred pursuant to this Code section, certified copies of all legal, social history, health, or mental health records pertaining to the case on file with the clerk of the court shall accompany the transfer. Compliance with this Code section shall terminate jurisdiction in the sending court and initiate jurisdiction in the receiving court. (c) If the child's mental competency is restored, jurisdiction of the case may be returned to the sending court. 15-11-154. (a) If at any time following an adjudication of dependency, the court determines that the child is a resident of a county of this state other than the county in which the court sits, the court may transfer the proceeding to the county of the child's residence unless the act alleged would be a felony if committed by an adult. When any case is transferred pursuant to this Code section, certified copies of all legal, social history, health, or mental health records pertaining to the case on file with the clerk of the court shall accompany the transfer. Compliance with this Code section shall terminate jurisdiction in the sending court and initiate jurisdiction in the receiving court. If the child's mental competency is restored, jurisdiction of the case may be returned to the sending court. (b) Upon an adjudication of dependency, the court having jurisdiction of the case shall appoint a plan manager who may be any guardian ad litem for the child or may be any other person who is under the supervision of the court. The person so appointed shall submit a mental competency plan to the court within 30 days of the court's adjudication of dependency. That plan shall include the following: (1) The specific deficits the plan is attempting to address, including supervision, mental competency, or mental competency restoration; (2) An outline of the specific provisions for supervision of the child for protection of the community and the child; (3) An outline of a plan designed to provide for treatment, habilitation, support, or supervision services in the least restrictive environment achievable within the limits of current resources; and (4) If the plan recommends treatment in a secure environment, certification by the plan manager that all other appropriate community based treatment options have been exhausted; and (4)(5) Identification of all parties, including the child, agency representatives, and other persons responsible for each element of the plan. The court in its discretion may grant the plan manager an extension in filing the mental competency plan. THURSDAY, FEBRUARY 23, 2006 1553 (c)(b)(1) The mental competency plan shall be developed at a meeting of all relevant parties convened by the plan manager. The plan manager shall request that the following persons attend the meeting: (A) Any parent, guardian, or other legal custodian of the child; (B) The attorney representing the child; (C) The attorney representing the state; (D) Any guardian ad litem of the child; (E) Mental health or mental retardation representatives; (F) Any probation officer or caseworker who works with the child; and (G) A representative from the child's school.; and (H) Any family member of the child who has shown an interest and involvement in the child's well-being. (2) The plan manager may request that other relevant persons attend the mental competency plan meeting including but not limited to the following: (A) A representative from the division of public health; (B) A child protective services worker; and (C) Representatives of the public and private resources to be utilized in the plan; and (D) Any family member of the child who has shown an interest and involvement in the child's well-being. (3) The plan manager shall be responsible for collecting all previous histories of the child, including but not limited to previous evaluations, assessments, and school records, and for making such histories available for consideration by the persons at the meeting. (4) Before the disposition hearing and review hearings, the plan manager shall be responsible for convening a meeting of all parties and representatives of all agencies. (5) The plan manager and persons enumerated in paragraph (1) of subsection (b) of this Code section shall identify to the court any person who should provide testimony at such hearing. (6) The plan manager shall be responsible for monitoring the competency plan, presenting to the court amendments to such plan as needed, and presenting evidence to the court for the reapproval of such plan at subsequent review hearings. 15-11-155. (a) The court shall hold a disposition hearing for the purpose of approving the mental competency plan within 30 days after the mental competency plan has been submitted to the court. Thereafter, the court shall hold a hearing for the purpose of reviewing the child's condition and approving the mental competency plan every six months during the child's dependency. Before the disposition hearing and any review hearings, the plan manager shall be responsible for convening a meeting of all parties, representatives of all agencies, and other persons responsible for the plan and for identifying to the court any persons who should provide testimony at such hearing. 1554 JOURNAL OF THE HOUSE (b) The persons required to be notified of the mental competency disposition hearing and witnesses identified by the plan manager shall be given at least ten days prior notice of the disposition hearing and any subsequent hearing to review the child's condition and shall be afforded an opportunity to be heard at any such hearing. The victim, if any, of the child's delinquent or unruly act shall also be provided with the same ten days prior notice regarding any such hearing and shall be afforded an opportunity to be heard and to present a victim impact statement to the court at any such hearing. The judge shall make a determination regarding sequestration of witnesses in order to protect the privileges and confidentiality rights of the child. (c) At the disposition hearing, the court shall enter an order incorporating a mental competency plan as part of the disposition. At the time of disposition, a child who has been adjudicated a dependent of the court shall be placed in an appropriate treatment setting. If a dependent child is housed in a detention or youth development facility at the time of disposition, such child shall be moved to an appropriate treatment setting within five business days. (d) If the court determines at any time that the child will not become competent to proceed, the court may dismiss the delinquency petition. If, at the end of the two-year period following the date of the order of incompetence, the child has not attained competence and there is no evidence that the child will attain competence within a year, the court shall dismiss the delinquency petition. If appropriate, the court may order that civil commitment proceedings be initiated. Such proceedings shall be instituted not less than 60 days prior to the dismissal of the delinquency petition. If, upon subsequent review, the court determines that the child may be mentally competent, the court shall proceed as provided in Code Sections 15-11-152, 15-11-153, and 15-11-154 and enter findings of fact as to the child's mental competency. (f)(e) The prosecuting attorney or a member of the prosecuting attorney's staff may seek civil commitment pursuant to Chapters 3 and 4 of Title 37. If, during the disposition hearing or any subsequent review hearing, the court determines that the child meets criteria for commitment and that services are available under the relevant laws for commitment to any agency or agencies for treatment, habilitation, support, or supervision, the court may commit the child to an appropriate agency or agencies for services under applicable law. (d)(f) At any time, in the event of a change in circumstances regarding the child, the court on its own motion or on the motion of the attorney representing the child, any guardian ad litem for the child, the attorney for the state, or the plan manager may set a hearing for review of the mental competency plan and any proposed amendments to that plan. The court may issue an appropriate order incorporating an amended mental competency plan. (e)(g) At the disposition hearing and at every review hearing, the court shall consider whether the petition alleging delinquency or unruliness should be withdrawn, maintained, or dismissed, without prejudice, upon grounds other than the child's not being mentally competent. If the court dismisses the petition, the state may seek to refile petitions alleging felonies if the child is later determined to be mentally THURSDAY, FEBRUARY 23, 2006 1555 competent. The state may also seek transfer to superior court if the child is later determined to be mentally competent. (f) The district attorney or a member of his or her staff may seek civil commitment pursuant to Chapters 3 and 4 of Title 37. If, during the disposition hearing or any subsequent review hearing, the court determines that the child meets criteria for commitment and that services are available under the relevant Code provisions for commitment to any agency or agencies for treatment, habilitation, support, or supervision, the court may commit the child to an appropriate agency or agencies for services under applicable law. (g)(h)(1) If the court determines that a child alleged to have committed an act which is a felony if committed by an adult is not mentally competent and the child is adjudicated as a dependent, the court shall retain jurisdiction of the child for up to two years after the date of the order of adjudication. The order may be extended for additional two-year periods as provided in subsection (a) of Code Section 15-11-58.1. (2) If the court determines that a child alleged to have committed an act which is a misdemeanor if committed by an adult or an unruly act is not mentally competent and the child is adjudicated as a dependent, the court shall retain jurisdiction of the child for up to 120 days following the disposition order incorporating the mental competency plan. The order may not be extended by the court. (h)(i) If the court finds that a child is not mentally competent to stand trial, any party may file at any time a motion for a rehearing on the issue of the child's mental incompetency. The court shall grant such motion upon a showing by the moving party that there are reasonable grounds to believe that the child is now mentally competent. If this motion is granted, the court shall proceed as provided in Code Sections 15-11-152, 15-11-153, 15-11-153.1, 15-11-153.2, 15-11-154, and this Code section and shall enter findings of fact as to the child's mental competency. (i)(j) If a child is under a mental competency plan when the child reaches the age of 18, the plan manager shall make a referral to appropriate adult services." 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 Amerson Anderson Y Ashe Y Barnard Barnes Crawford Cummings Y Davis Y Day Dean Y Dickson Y Hill, C.A Y Holmes N Holt Y Horne Y Houston Y Howard, E Y Martin Y Maxwell Y May McCall E McClinton Y Meadows Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw 1556 JOURNAL OF THE HOUSE Y Bearden 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 Burkhalter Y Burmeister 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 Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Jordan Y Keen Y Keown Y Kidd E Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Mangham E Manning Y Marin E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B E Reece, S Y Reese Y Rice Y Roberts E Rogers Y Royal Y Rynders Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Stephens 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 On the passage of the Bill, by substitute, the ayes were 144, nays 1. 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. The Speaker assumed the Chair. HB 363. By Representatives Murphy of the 23rd, Rice of the 51st and Powell of the 29th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to change the requirements regarding replating of private and governmental motor vehicles; to increase the license fee on governmental vehicles; to provide for disposition of the license fee on THURSDAY, FEBRUARY 23, 2006 1557 governmental vehicles; to remove the provisions regarding five-year license plates on governmental vehicles; to change the requirements as to destruction of tags from governmental vehicles; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to change the requirements regarding replating of private and governmental motor vehicles; to increase the license fee on governmental vehicles; to provide for disposition of the license fee on governmental vehicles; to remove the provisions regarding five-year license plates on governmental vehicles; to change the requirements as to destruction of tags from governmental vehicles; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 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 1558 JOURNAL OF THE HOUSE issuance of new metal license plates and to implement the other provisions of this Code section. (b.1) Any valid license plate or revalidation decal assigned to a vehicle under former provisions of this Code section prior to May 1, 1997, shall be deemed issued to the current registrant of such vehicle on May 1, 1997. (c) The face of the license plate to be displayed shall be treated completely with a retroreflective material which will increase the nighttime visibility and legibility of the plate. The Office of Highway Safety department shall prepare the specifications which such retroreflective material shall meet." SECTION 2. Said article is further amended by striking Code Section 40-2-37, relating to registration and licensing of governmental motor vehicles, and inserting in its place the following: "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 manufacturer's vehicle identification number; the department, agency, political subdivision, or branch thereof to which such vehicle is to be registered; and such other information as to use and identity as the commissioner may require. Upon the filing of the properly executed application for registration, the commissioner, upon being satisfied that such vehicle is bona fide owned by the state or a municipality or political subdivision thereof and is to be used exclusively for governmental functions, shall issue, upon payment by such applicant of a license fee of $1.00 $3.00, a license plate which shall be displayed upon such vehicle in the same manner as provided for private vehicles. The license fee, less the actual manufacturing cost of the plates which will be retained by the department, shall be deposited in the general fund of the state treasury. Such license plates shall be replaced at such time as other license plates issued for private vehicles are required to be replaced. (b) For all vehicles owned by the State of Georgia or any municipality or other political subdivision of this state, except those vehicles employed in covert or secret investigatory police functions to which regular Georgia license plates are issued and those vehicles owned by the Department of Public Safety, the commissioner shall provide for five-year registration and issuance of regular license plates for such vehicles. The five-year license plates issued pursuant to this subsection shall be identical in appearance to regular license plates issued for private vehicles, except that THURSDAY, FEBRUARY 23, 2006 1559 such five-year license plates shall not display any year of registration or registration expiration. Such license plates may be transferred as provided for in subsection (d) of this Code section. Such five-year license plates shall be issued at the beginning of a five-year license period as for private vehicles or shall be issued at the time the vehicle is purchased by the state, and all such license plates shall expire at the same time as regular license plates. (c) All license plates issued to government vehicles pursuant to this Code section shall be marked in such a manner as to indicate the specific type of governmental unit operating the vehicle. These markings shall be prominently displayed and shall consist of one of the following appropriate legends: 'STATE,' 'CITY,' 'COUNTY,' 'AUTHORITY,' or 'BOARD.' In addition, each such license plate shall bear a county identification strip indicating the county in which the vehicle is based except that 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 2007." SECTION 3. This Act shall become effective on July 1, 2006. 1560 JOURNAL OF THE HOUSE SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Amerson Anderson Y Ashe Y Barnard Barnes Y Bearden 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 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 Crawford Cummings Y Davis Y Day Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Jordan Y Keen Y Keown Y Kidd E Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Mangham E Manning Y Marin Y Martin Y Maxwell Y May McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B E Reece, S Y Reese Y Rice Y Roberts E 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 Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 150, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. THURSDAY, FEBRUARY 23, 2006 1561 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 Resolutions of the House were read and referred to the Committee on Rules: HR 1547. By Representative Jennings of the 82nd: A RESOLUTION congratulating the "We the People: The Citizen and The Constitution" state contest winners from Lakeside High School and inviting them to appear before the House of Representatives; and for other purposes. HR 1552. By Representatives Jones of the 44th, Jacobs of the 80th, Henson of the 87th, Ashe of the 56th, Wilkinson of the 52nd and others: A RESOLUTION commending the Jewish Federation of Greater Atlanta and inviting representatives thereof to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1195. By Representatives Willard of the 49th, Tumlin of the 38th, Wilkinson of the 52nd, Geisinger of the 48th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to require complaints to be accompanied in filing with the civil case filing form; to require judgments to be accompanied in filing with the civil case disposition form; to change certain provisions relating to commencement of actions; to change certain provisions relating to entry of judgment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to require complaints to be accompanied in filing with the civil case filing form; to require judgments to be accompanied in filing with the civil case disposition form; to change certain provisions relating to commencement of actions; to provide for amended civil case filing forms; to change certain provisions relating to 1562 JOURNAL OF THE HOUSE entry of judgment; to provide for confidential settlement agreements being excluded on civil case disposition forms; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," is amended by striking Code Section 9-11-3, relating to commencement of actions, and inserting in lieu thereof the following: "9-11-3. (a) A civil action is commenced by filing a complaint with the court. (b) At the time of filing the complaint for a civil action in superior court or state court, or as soon as practicable thereafter, the plaintiff shall file the appropriate civil case filing form with the clerk of the court. The form shall contain complete information and shall be substantially in the form prescribed in Code Section 9-11-133. The filing of the complaint shall not be delayed for the filing of the case filing form. If, after a civil action has been filed, the court presiding over the civil action decides that the civil case filing form has not been filed or has been filed incorrectly, the court shall require the plaintiff to file the civil case filing form or an amended form. In no case shall the failure to accurately complete the civil case filing form required by this Code section provide a basis to dismiss a civil action." SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 9-11-58, relating to the entry of judgment and filing of the civil case disposition form, and inserting in lieu thereof the following: "(b) When judgment entered. The filing with the clerk of a judgment, signed by the judge, with the fully completed civil case disposition form constitutes the entry of the judgment, and, unless the court otherwise directs, no judgment shall be effective for any purpose until the entry of the same, as provided in this subsection. As part At the time of the filing of the final judgment, a civil case disposition form shall be filed by the prevailing party or by the plaintiff if the case is settled, dismissed, or otherwise disposed of without a prevailing party; provided, however, that the amount of a sealed or otherwise confidential settlement agreement shall not be disclosed on the civil case disposition form. The form shall be substantially in the form prescribed in Code Section 9-11-133. If any of the information required by the form is sealed by the court, the form shall state that fact and the information under seal shall not be provided. The entry of the judgment shall not be made by the clerk of the court until the civil case disposition form is filed. The entry of the judgment shall not be delayed for the taxing of costs or the filing of the case disposition form." THURSDAY, FEBRUARY 23, 2006 1563 SECTION 3. This Act shall become on July 1, 2006, and shall apply to actions and judgments filed on or after July 1, 2006. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam N Amerson Anderson Y Ashe E Barnard Y Barnes N Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Bordeaux Y Borders N Bridges Y Brooks N Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter N Casas Y Chambers N Channell N Cheokas N Coan N Cole Coleman, B N Coleman, T Y Cooper N Cox N Crawford N Cummings N Davis N Day Y Dean N Dickson N Dodson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Everson Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin N Freeman Y Gardner Y Geisinger Y Golick N Graves, D N Graves, T E Greene N Hanner N Harbin Y Hatfield N Heard, J Y Heard, K N Heckstall N Hembree Y Henson N Hill, C N Hill, C.A Y Holmes N Holt N Horne N Houston Y Howard, E N Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson N Jenkins Y Jennings Y Johnson N Jones, J Y Jones, S Y Jordan N Keen Y Keown Y Kidd E Knight N Knox N Lakly N Lane, B Y Lane, R N Lewis Y Lindsey Lord N Loudermilk Y Lucas N Lunsford N Maddox Mangham E Manning Marin N Martin N Maxwell N May N McCall E McClinton N Meadows E Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Mosley Y Mumford N Murphy, J Y Murphy, Q Y Neal Y Oliver N O'Neal Y Orrock Parham N Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall N Ray Y Reece, B E Reece, S N Reese Y Rice N Roberts E Rogers N Royal N Rynders Sailor Scheid N Scott, A N Scott, M Y Setzler N Shaw N Sheldon N Sims, C Y Sims, F Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin N Walker Y Warren Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E N Williams, R N Wix N Yates Richardson, Speaker 1564 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 73, nays 86. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Coleman of the 97th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. Representative Willard of the 49th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 1195. HB 1292. By Representatives Keown of the 173rd, Neal of the 1st, Mills of the 25th, Buckner of the 130th, Borders of the 175th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to create a prison chaplains appreciation day; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to create a prison chaplains appreciation day; to repeal conflicting laws; and for other purposes. WHEREAS, studies prove chaplaincy and faith based programs have the strongest capacity for redeeming, rehabilitating, and successfully moving inmates back into society; and WHEREAS, with over 50,000 incarcerated, Georgia leads the nation in the percentage of its population in prison; and WHEREAS, Georgia's state and county prisons are served by dedicated prison chaplains who bring hope into very difficult circumstances; and WHEREAS, Georgia prison chaplains are asked to meet the spiritual and physical needs of thousands of inmates and staff with very limited resources; and WHEREAS, chaplains positively impact inmate behavior and reduce recidivism rates, thereby contributing to the safety and well-being of Georgia. THURSDAY, FEBRUARY 23, 2006 1565 NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by adding a new Code Section 1-4-16 to read as follows: "1-4-16. The fourth Monday in March of each year is designated and shall be observed as 'Prison Chaplains Appreciation Day' in all state and private correctional institutions in Georgia." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Anderson Y Ashe E 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 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 Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Lord Y Loudermilk Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 Ray Y Reece, B E Reece, S Sailor Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard 1566 JOURNAL OF THE HOUSE Y Coan Y Cole Y 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 Lucas Y Lunsford Y Maddox Mangham E Manning Marin Y Reese Y Rice Y Roberts E Rogers Y Royal Y Rynders Y Williams, A Williams, E Williams, R Y 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. The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 978. By Representatives Hill of the 21st and Smyre of the 132nd: A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 45 of the O.C.G.A., relating to the Georgia Capitol Museum, so as to create the Capitol Art Standards Commission; to provide for its membership and appointment; to provide for the terms of members of the commission and the filling of vacancies; to provide for duties and responsibilities; to provide a definition; to provide for the acceptance of certain funds; to provide limitations on the consideration and passage of bills and resolutions authorizing or requiring the display of certain artwork; to provide for related matters; to repeal Code Section 50-16-5.2 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Art Policy Committee; to repeal conflicting laws; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 978 by striking all matter on lines 6 and 7 of page 1 and inserting in its place the following: for the acceptance of certain funds; to provide a statement of legislative intent; to provide for By striking the word and symbol "placement," on line 1 of page 3. By striking the entire text of Code Section 45-13-74, beginning with line 29 of page 3 and ending with line 3 of page 6, and inserting in its place the following: The General Assembly finds that this part constitutes a general law within the meaning of THURSDAY, FEBRUARY 23, 2006 1567 Article III, Section VI, Paragraph IV(a) of the Constitution. The General Assembly intends that there be no enactment of any bill or resolution proposing a special law with respect to capitol artwork. Representative Hill of the 21st moved that the House agree to the Senate amendment to HB 978. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Anderson Y Ashe E Barnard Y Barnes Y 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 N 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 Y Cox Y Crawford Y Cummings N Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Everson Y Fleming Y Floyd, H Y Floyd, J Fludd N Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y 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 Lord N Loudermilk Lucas Y Lunsford Y Maddox Mangham E Manning Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B E Reece, S Y Reese Y Rice Y Roberts E Rogers Y Royal Y Rynders Sailor Y Scheid Y Scott, A N Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F 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 N Thomas, B Tumlin N Walker Y Warren Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 140, nays 10. The motion prevailed. 1568 JOURNAL OF THE HOUSE 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 Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 1052 Do Pass HR 1432 Do Pass Respectfully submitted, /s/ Stephens of the 164th Chairman Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Tuesday, February 28, 2006, and the motion prevailed. Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Tuesday, February 28, 2006. TUESDAY, FEBRUARY 28, 2006 1569 Representative Hall, Atlanta, Georgia Tuesday, February 28, 2006 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Abdul-Salaam Amerson E Anderson Ashe Barnard Bearden Benton Black Borders Bridges Brooks Bruce Bryant Buckner, D Burkhalter Burmeister Butler Byrd Carter Casas Chambers Channell Cheokas Coan Cole Coleman, B Cooper Cox Cummings Davis E Day Dickson Dodson E Drenner Ehrhart England Everson Fleming Floyd, J Forster Franklin Gardner Geisinger Graves, D Graves, T Greene Hatfield Heard, J Heard, K Hembree E Henson Holmes Holt Horne Houston Hugley Jackson James Jamieson Jenkins Jennings Johnson Jones, S Keen Keown Kidd E Knight Knox Lakly E Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lucas Maddox Manning Martin Maxwell May E McClinton Meadows E Millar Mills Morgan Morris Mosley Murphy, J Murphy, Q Neal Parham Parrish Parsons Ralston Randall Reece, S E Reese Rice E Rogers Royal Rynders E Scheid Scott, A Scott, M Setzler Shaw E Sheldon Sims, F Smith, L Smith, P Smith, R Smith, T E Smith, V Smyre Stephens Talton Teilhet Thomas, B Walker 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 Beasley-Teague of the 65th, Benfield of the 85th, Bordeaux of the 162nd, Brown of the 69th, Buckner of the 76th, Burns of the 157th, Coleman of the 144th, Crawford of the 127th, Dean of the 59th, Dollar of the 45th, Dukes of the 150th, Epps of the 128th, Floyd of the 99th, Fludd of the 66th, Freeman of the 140th, Golick of the 34th, Hanner of the 148th, Harbin of the 118th, Hill of the 180th, Howard of the 121st, Hudson of the 124th, Jordan of the 77th, Lunsford of the 110th, Mangham of the 94th, Marin of the 96th, McCall of the 30th, Mosby of the 90th, Mumford of the 95th, Orrock of the 58th, Powell of the 29th, Ray of the 136th, Reece of the 11th, Roberts of the 154th, Sailor of the 93rd, Sims of the 169th, Sinkfield of the 60th, Smith of the 113th, Stanley-Turner of the 53rd, Stephenson of the 92nd, Thomas of the 55th, Tumlin of the 38th, Warren of the 122nd, Watson of the 91st, and Wix of the 33rd. 1570 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Pastor Leon Washington, Evergreen Missionary Baptist Church, Kingsland, Georgia. The members pledged allegiance to the flag. Representative Heard of the 104th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. The Speaker Pro Tem assumed the Chair. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees: HB 1446. By Representatives Butler of the 18th, Burmeister of the 119th, Randall of the 138th and Bearden of the 68th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to enact the "Contact Lens Consumer Protection Act"; to provide a short title; to provide a statement of policy; to define certain terms; to prohibit certain sales practices; to provide TUESDAY, FEBRUARY 28, 2006 1571 for penalties and enforcement; to provide for related editorial revisions; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1447. By Representatives Benton of the 31st, Meadows of the 5th, Bearden of the 68th, Smith of the 13th and England of the 108th: A BILL to be entitled an Act to amend Code Section 7-1-1013 of the Official Code of Georgia Annotated, relating to the prohibition of certain acts by persons transacting a mortgage business, so as to prohibit the act of extending a loan to a person whom the broker or lender knows or should know to be in this country illegally; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. HB 1448. By Representative Bridges of the 10th: A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Baldwin, approved March 28, 1986, (Ga. L. 1986, p. 5578), as amended, so as to change and extend the corporate limits of such city; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1449. 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 change certain provisions regarding the compensation of the members of such board; to provide for the specific repeal of an amendatory Act thereto, an Act approved May 6, 2005 (Ga. L. 2005, p. 3969); to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1450. By Representative Bridges of the 10th: A BILL to be entitled an Act to provide for a homestead exemption from City of Demorest ad valorem taxes for municipal purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that city 1572 JOURNAL OF THE HOUSE who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1453. By Representatives McCall of the 30th, Lakly of the 72nd, Cole of the 125th, Jenkins of the 8th and Benfield of the 85th: A BILL to be entitled an Act to amend Code Section 12-8-40.2 of the Official Code of Georgia Annotated, relating to yard trimming disposal restrictions, so as to provide certain exemptions from such restrictions at certain times and for certain cities, counties, and solid waste authorities; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1457. By Representatives Cox of the 102nd, Casas of the 103rd, Everson of the 106th, Rice of the 51st, Floyd of the 99th and others: A BILL to be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, so as to change the terms of 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 1464. By Representatives Gardner of the 57th, Manning of the 32nd, Brown of the 69th, Ashe of the 56th and Oliver of the 83rd: A BILL to be entitled an Act to amend Chapter 5 of Title 49 of the O.C.G.A., relating to programs and protection for children and youth, so as to enact the "PeachCare for All Kids Act"; to repeal the "PeachCare for Kids Act"; to provide for a short title; to provide for definitions; to provide for the creation of the PeachCare for All Kids health care insurance plan; to provide for eligibility, health care services, and payment of premiums and copayments; to provide for accessing federal matching funds; to provide for health care provider enrollment; to provide for rules and regulations; to provide for construction; to provide for a study of adequacy of provider payments; to provide for an annual report; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 28, 2006 1573 Referred to the Committee on Appropriations. HB 1465. By Representatives Freeman of the 140th, Ralston of the 7th, Fleming of the 117th, May of the 111th, Keown of the 173rd and others: A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide a forfeiture procedure for motor vehicles used in the commission of or attempted commission of certain sexual offenses against victims under 14 years of age; to provide for a cross-reference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1466. By Representatives Lunsford of the 110th, Forster of the 3rd, Yates of the 73rd and Knight of the 126th: A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the O.C.G.A., relating to the emergency telephone number 9-1-1 system, so as to define certain terms; to provide for a 9-1-1 surcharge on prepaid wireless service subscriptions; to provide for the collection of such surcharge and the deposit of the same into the state treasury; to provide for the Emergency 9-1-1 Assistance Fund; to provide a statement of intent vis-avis the appropriation of funds; to provide for the lapse of unexpended amounts; to provide for administration of the fund by the Department of Community Affairs; to provide for assistance grants to local governments operating or implementing emergency 9-1-1 systems; to provide for the Emergency 9-1-1 Assistance Fund Committee; to provide for membership, appointment, and terms; to provide that such committee shall make decisions relating to awarding assistance grants; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. HB 1467. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 34-9-2 of the Official Code of Georgia Annotated, relating to applicability of chapter regarding workers compensation to employers and employees generally, so as to provide an exclusion for employers whose employees are engaged in maritime employment as defined under the federal Longshore and Harbor 1574 JOURNAL OF THE HOUSE Workers Compensation Act or eligible for compensation thereunder; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Industrial Relations. HB 1468. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to provide that vermiculture shall be considered a branch of the agricultural industry; to define a term; to provide legislative findings and declarations; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HB 1469. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Willacoochee, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3039), as amended, so as to authorize the mayor and aldermen to impose a gross receipts tax; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1470. By Representatives Jones of the 46th and Burkhalter of the 50th: 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 provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for severability; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 28, 2006 1575 Referred to the Committee on Governmental Affairs. HR 1534. By Representative Hembree of the 67th: A RESOLUTION celebrating the life of Tom Kilgore and naming the Tom Kilgore Memorial Bridge in his honor; and for other purposes. Referred to the Committee on Transportation. HR 1537. By Representative Jones of the 44th: A RESOLUTION creating the House Study Committee on Rail Crossing Safety; and for other purposes. Referred to the Committee on Transportation. HR 1538. By Representatives Heard of the 104th, Mumford of the 95th, Ralston of the 7th and Mangham of the 94th: A RESOLUTION urging the Georgia Public Safety Training Center, as well as other law enforcement training academies and facilities throughout the State of Georgia, to modify their existing training programs which directly or peripherally deal with approved training curriculums to integrate into those curriculums federal and state laws with respect to the handling of crimes and reporting procedures associated with child custody disputes; and for other purposes. Referred to the Committee on Public Safety. HR 1551. By Representatives Stephens of the 164th, Smith of the 70th, Hill of the 180th, Lane of the 158th and Burns of the 157th: A RESOLUTION creating the Joint Comprehensive Water Desalination Study Committee; and for other purposes. Referred to the Committee on Natural Resources & Environment. 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 1564. By Representatives Dollar of the 45th and Rice of the 51st: 1576 JOURNAL OF THE HOUSE A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for special motor vehicle license plates and dedicate the revenue from such plates for stated purposes, including dedications for the ultimate use of agencies, funds, or nonprofit corporations where it is found that there will be a benefit to the state; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Motor Vehicles. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1424 HB 1425 HB 1426 HB 1427 HB 1428 HB 1429 HB 1430 HB 1431 HB 1432 HB 1433 HB 1434 HB 1435 HB 1436 HB 1437 HB 1438 HB 1439 HB 1440 HB 1441 HB 1442 HB 1443 HB 1444 HB 1445 HB 1451 HB 1452 HB 1454 HB 1455 HB 1456 HB 1458 HB 1459 HB 1460 HB 1461 HB 1462 HB 1463 HR 1491 HR 1492 HR 1493 HR 1535 HR 1548 HR 1549 HR 1550 SB 244 SB 288 SB 424 SB 462 SB 474 SB 486 SB 525 SB 545 SR 639 SR 864 Representative McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report: Mr. Speaker: TUESDAY, FEBRUARY 28, 2006 1577 Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1404 Do Pass Respectfully submitted, /s/ McCall of the 30th Chairman Representative Harbin of the 118th District, Chairman of the Committee on Appropriations, submitted the following report: Mr. Speaker: Your Committee on Appropriations has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1164 Do Pass HB 1373 Do Pass HR 1094 Do Pass Respectfully submitted, /s/ Harbin of the 118th Chairman Representative Lane of the 158th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report: Mr. Speaker: Your Committee on Game, Fish and Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1285 No Recommendation Respectfully submitted, /s/ Lane of the 158th Chairman Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report: 1578 JOURNAL OF THE HOUSE Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1100 HB 1245 HB 1246 HB 1286 Do Pass Do Pass, by Substitute Do Pass Do Pass HB 1306 Do Pass, by Substitute HB 1319 Do Pass HR 386 Do Pass Respectfully submitted, /s/ Scott of the 153rd 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 House and has instructed me to report the same back to the House with the following recommendations: HB 1092 Do Pass, by Substitute HB 1223 Do Pass HB 1224 Do Pass, by Substitute HR 1232 Do Pass Respectfully submitted, /s/ Cooper of the 41st Chairman Representative Walker of the 107th District, Chairman of the Committee on Human Relations and Aging, submitted the following report: Mr. Speaker: Your Committee on Human Relations and Aging has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HB 1364 Do Pass HR 513 Do Pass HR 1345 Do Pass TUESDAY, FEBRUARY 28, 2006 1579 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 House and has instructed me to report the same back to the House with the following recommendations: HB 1105 Do Pass, by Substitute HB 1243 Do Pass, by Substitute Respectfully submitted, /s/ Willard of the 49th Chairman Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: Mr. Speaker: Your Committee on Judiciary Non-Civil has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1044 Do Pass HB 1094 Do Pass HB 1275 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 1122 Do Pass HR 1366 Do Pass HR 1427 Do Pass HR 1490 Do Pass 1580 JOURNAL OF THE HOUSE 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 Senate and has instructed me to report the same back to the House with the following recommendations: SB 138 SB 496 SB 497 Do Pass, by Substitute Do Pass Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1012 Do Pass, by Substitute HB 1018 Do Pass, by Substitute HB 1083 Do Pass, by Substitute HB 1294 Do Pass HB 1310 Do Pass, by Substitute Respectfully submitted, /s/ O'Neal of the 146th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR TUESDAY, FEBRUARY 28, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 24th Legislative Day as enumerated below: TUESDAY, FEBRUARY 28, 2006 1581 DEBATE CALENDAR Open Rule HB 343 HB 1126 HB 1217 HB 1304 HR 84 HR 1395 Valdosta State University's Peach State Summer Theatre; designate official musical theatre Correctional officers; insurance benefits; provide exemption Disabled persons; parking permits; provide Life insurance; proceeds; provisions Valdosta State University's Peach State Summer Theatre; designate official musical theatre Wiley T. Nixon Capitol Post Office; name Modified Open Rule HB 513 Drivers' licenses; certain records; furnish to Georgia Bureau of Investigation Modified Structured Rule None Structured Rule HB 1219 HB 1272 Sales and use tax exemption; certain school supplies; energy efficient products; provide Sales and use tax exemption; nonprofit volunteer health clinics; provide 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 Senate were taken up for consideration and read the third time: SB 138. By Senators Stoner of the 6th, Rogers of the 21st, Hill of the 32nd and Wiles of the 37th: A BILL to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), 1582 JOURNAL OF THE HOUSE as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4121), so as to change the membership, vacancy, and quorum provisions regarding the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4121), so as to change the membership, vacancy, and quorum provisions regarding the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4121), is amended by striking subsections (b), (c), and (d) of Section 2 thereof and inserting in their respective places the following: "(b) The authority shall consist of seven members who shall be determined and selected as follows: (1) One member shall be the chairperson of the Board of Commissioners of Cobb County, Georgia; (2) One member shall be selected by the governing authority of the City of Marietta, Georgia; (3) One member shall be selected by the governing authority of the City of Smyrna; (4) One member shall be the chairperson of the Board of Commissioners of Paulding County; (5) Three members shall be selected by a caucus consisting of all members of the General Assembly whose districts are wholly or partially within Cobb County. The three members so selected by the caucus shall include one member from Cobb Commission District 1 or 4, excluding residents of Marietta and Smyrna; one member from Cobb Commission District 2 or 3, excluding residents of Marietta and Smyrna; and one member from unincorporated Cobb County. (c) The term of office of the chairperson of the Board of Commissioners of Cobb County as a member of the authority and the term of office of the chairperson of the Board of Commissioners of Paulding County as a member of the authority shall be TUESDAY, FEBRUARY 28, 2006 1583 concurrent with their terms of office as chairpersons except that the term of office of the chairperson of the Board of Commissioners of Paulding County shall begin on August 15, 2006. The member of the authority appointed by the governing authority of Marietta serving on the effective date of this subsection shall serve until August 14, 2008, and until his or her successor is appointed and qualified. The member of the authority appointed by the governing authority of Smyrna shall begin serving on August 15, 2006, and shall serve until August 14, 2008, or until his or her successor is appointed and qualified. Thereafter, both the member of the authority appointed by Marietta and the member of the authority appointed by Smyrna shall serve for terms of four years and until their successors are appointed and qualified and shall assume office on August 15 following the expiration of the prior members terms. The four members of the authority appointed by the members of the General Assembly from Cobb County serving on the effective date of this subsection shall serve until August 14, 2006, and until their successors are appointed and qualified. Thereafter, the members of the authority appointed by the members of the General Assembly from Cobb County shall serve for terms of four years and until their successors are appointed and qualified and shall assume office on August 15 following the expiration of the prior members terms. The member of the authority appointed by the City of Acworth, Georgia, serving on the effective date of this subsection shall serve until August 14, 2006, and until the member of the authority appointed by the governing authority of Smyrna is appointed and qualified. (d) The authority shall elect one of its members as chairperson and another as vice chairperson. The authority may also select a secretary and treasurer who need not necessarily be members of the authority. Except as otherwise provided in subsection (c) of this section, five members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority." SECTION 2. Said Act is further amended by striking subsection (a) of Section 2A thereof and inserting in its place the following: "(a) In the event of a vacancy in the membership of the authority by reason of death, resignation, or disability, said vacancy shall be filled by the governing authority, chairperson of the governing authority or the chairperson's designee, or caucus which originally selected the vacating member in question." SECTION 3. This Act shall become effective on July 1, 2006. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. 1584 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. SB 496. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide for a homestead exemption from Camden County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; 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 497. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide for a homestead exemption from Camden County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Crawford Y Cummings Y Davis E Day Y Dean Hill, C.A Holmes Y Holt Y Horne Y Houston Y Martin Y Maxwell Y May Y McCall E McClinton Sailor E Scheid Scott, A Y Scott, M Y Setzler TUESDAY, FEBRUARY 28, 2006 1585 Barnes 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 Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Dickson Y Dodson Dollar E Drenner Dukes Y Ehrhart Y England Epps Y Everson 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 Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson Hill, C Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Jones, S Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly E Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox Mangham Manning Y Marin Y Meadows E Millar Y Mills Mitchell Morgan Y Morris 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 Powell Ralston Y Randall Y Ray Reece, B Reece, S E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 Y 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 Wix Y Yates Richardson, Speaker On the passage of the Bills, the ayes were 126, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representatives Dukes of the 150th, Mangham of the 94th, and Mitchell of the 88th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Representative Keen of the 179th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House: HB 1195. By Representatives Willard of the 49th, Tumlin of the 38th, Wilkinson of the 52nd, Geisinger of the 48th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to require complaints to be accompanied in filing with the civil case filing 1586 JOURNAL OF THE HOUSE form; to require judgments to be accompanied in filing with the civil case disposition form; to change certain provisions relating to commencement of actions; to change certain provisions relating to entry of judgment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. 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 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 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 Y Cummings Y Davis E Day Y Dean Y Dickson Y Dodson Dollar E Drenner Dukes Y Ehrhart Y England Epps Y Everson 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 Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson Y Hill, C Hill, C.A Holmes Y Holt Y Horne Y Houston Howard, E 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 E 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 E Millar Y Mills Mitchell Y Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Y Oliver O'Neal Y Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Ralston Y Randall Y Ray Reece, B Reece, S E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 131, nays 0. The motion prevailed. TUESDAY, FEBRUARY 28, 2006 1587 Representatives Dukes of the 150th, Mangham of the 94th, Mitchell of the 88th, 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 recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 229. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling offenses, so as to change certain provisions relating to dogfighting; to prohibit animal fighting or baiting and related conduct; to provide for punishments; to define certain terms; to provide a short title; to provide legislative findings and declarations; repeal conflicting laws; and for other purposes. SB 316. By Senators Chance of the 16th, Carter of the 13th, Stephens of the 27th, Schaefer of the 50th, Douglas of the 17th and others: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the O.C.G.A., relating to crimes involving obscenity and related matters and minors, so as to change provisions relating to the crime of electronically furnishing obscene material to minors; to provide that a person commits this crime if such person furnishes to an individual whom the person knows or should have known is a minor any product which contains or reveals or gives access to any user name, log-in code, password, number, or other information which enables a person to access one or more Internet sites containing certain material which is harmful to minors in that it appeals to and incites prurient interest; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 445. By Senators Mullis of the 53rd, Tolleson of the 20th, Rogers of the 21st, Bulloch of the 11th, Schaefer of the 50th and others: A BILL to be entitled an Act to amend an Act creating the Civil War Commission, approved April 28, 1993 (Ga. L. 1993, p. 1952), so as to make certain editorial changes; to change the administrative assignment of the 1588 JOURNAL OF THE HOUSE commission and the facilitating state department from the Department of Natural Resources to the Department of Economic Development; to codify certain provisions of said Act, as amended, in Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development; to repeal conflicting laws; and for other purposes. SB 455. By Senators Shafer of the 48th and Wiles of the 37th: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 16 of the O.C.G.A., relating to invasions of privacy, so as to define certain terms; to provide that it shall be illegal for a customer proprietary network information broker to obtain or release certain customer information; to provide for penalties; to provide for exceptions; to amend Code Section 43-38-11 of the O.C.G.A., relating to denial, revocation, or sanction of licenses and registrations, action by the Georgia Board of Private Detective and Security Agencies, and judicial review, so as to provide that it shall be grounds for such board to deny or revoke a license if the applicant has obtained certain customer information; to amend Chapter 5 of Title 46 of the O.C.G.A., relating to telephone and telegraph service, so as to define certain terms; to provide that no telecommunications company may release certain customer information; to provide for rules and regulations; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 472. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to revise and change the employees suggestion and award program; to provide for the meritorious award program; to provide for definitions; to provide for establishment and implementation; to provide for powers, duties, and authority of the state personnel board and the commissioner of personnel administration; to provide for agency committees; to provide for awards; to provide for applicability and nonapplicability of certain retirement benefit provisions with respect to such awards; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 481. By Senators Stephens of the 27th, Douglas of the 17th, Whitehead, Sr. of the 24th, Schaefer of the 50th, Staton of the 18th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration and enforcement of the chapter concerning the registration and licensing of motor vehicles, so as to permit military personnel whose vehicles are registered in TUESDAY, FEBRUARY 28, 2006 1589 Georgia and have Georgia license plates who are stationed in other states as part of their military assignments and duties to meet their obligations concerning minimum motor vehicle liability insurance through the purchase of certain insurance in such other states; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 502. By Senators Hamrick of the 30th, Carter of the 13th, Smith of the 52nd, Hill of the 32nd and Wiles of the 37th: A BILL to be entitled an Act to provide a comprehensive revision, modernization, and reform of the laws of this state relating to operating motor vehicles while under the influence of alcohol, drugs, or other substances; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to provide legislative intent; to prohibit the operation of motor vehicles in this state while under the influence of alcohol, drugs, or other substances; to provide for implied consent to chemical testing; to provide definitions; to provide for chemical testing of persons suspected of driving under the influence of alcohol, drugs, or other substances; to provide for the procedures to obtain and perform such tests; to provide for the administration of certain warnings with regard to such tests; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 530. By Senators Weber of the 40th and Seabaugh of the 28th: A BILL to be entitled an Act to amend Code Section 44-14-361 of the Official Code of Georgia Annotated, relating to creation and attachment of liens in favor of mechanics and materialmen, so as to change certain provisions relating to such liens, the conditions under which they attach, the property to which they attach, and the value for which they are created; to provide for other related matters; to repeal conflicting laws; and for other purposes. SB 547. By Senators Seabaugh of the 28th, Cagle of the 49th, Johnson of the 1st, Williams of the 19th and Stephens of the 27th: A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to provide for the recusal of board members when a conflict of interest exists; to provide for circumstances for removal of board members; to provide standards for offering education courses on appraising; to provide for certain conditions for the investigation of appraisers; to repeal conflicting laws; and for other purposes. 1590 JOURNAL OF THE HOUSE The Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 963. By Senators Bulloch of the 11th and Tolleson of the 20th: A RESOLUTION commending the Georgia peanut industry and recognizing March 8, 2006, as Peanut Butter and Jelly Day at the Capitol; and for other purposes. The Senate has agreed to the House substitute to the following bill of the Senate: SB 390. By Senators Chance of the 16th, Moody of the 56th, Carter of the 13th, Unterman of the 45th, Staton of the 18th and others: A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing for quality basic education, so as to require local school systems to spend a minimum amount of operating funds on direct classroom expenditures; to provide a short title; to provide for definitions; to provide for incremental compliance; to provide for a one-year waiver to compliance; to provide for sanctions for noncompliance; to provide for the submission of budget and expenditure information; to provide for rules and regulations; to change certain provisions relating to expenditure controls for fiscal years 2007 and 2008; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate has passed by the requisite constitutional majority the following bills of the House: HB 1324. By Representatives Fleming of the 117th, Burmeister of the 119th and Harbin of the 118th: A BILL to be entitled an Act to repeal an Act creating a Small Claims Court in and for Columbia County, approved February 28, 1973 (Ga. L. 1973, p. 2032); to repeal conflicting laws; and for other purposes. HB 1328. By Representatives Fleming of the 117th, Burmeister of the 119th and Harbin of the 118th: A BILL to be entitled an Act to amend an Act creating the Magistrate Court of Columbia County, approved May 6, 2005 (Ga. L. 2005, p. 3959), so as to change the educational requirements for magistrates; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 28, 2006 1591 By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees: SB 229. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling offenses, so as to change certain provisions relating to dogfighting; to prohibit animal fighting or baiting and related conduct; to provide for punishments; to define certain terms; to provide a short title; to provide legislative findings and declarations; repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 316. By Senators Chance of the 16th, Carter of the 13th, Stephens of the 27th, Schaefer of the 50th, Douglas of the 17th and others: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the O.C.G.A., relating to crimes involving obscenity and related matters and minors, so as to change provisions relating to the crime of electronically furnishing obscene material to minors; to provide that a person commits this crime if such person furnishes to an individual whom the person knows or should have known is a minor any product which contains or reveals or gives access to any user name, log-in code, password, number, or other information which enables a person to access one or more Internet sites containing certain material which is harmful to minors in that it appeals to and incites prurient interest; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 445. By Senators Mullis of the 53rd, Tolleson of the 20th, Rogers of the 21st, Bulloch of the 11th, Schaefer of the 50th and others: A BILL to be entitled an Act to amend an Act creating the Civil War Commission, approved April 28, 1993 (Ga. L. 1993, p. 1952), so as to make certain editorial changes; to change the administrative assignment of the commission and the facilitating state department from the Department of Natural Resources to the Department of Economic Development; to codify certain provisions of said Act, as amended, in Chapter 7 of Title 50 of the 1592 JOURNAL OF THE HOUSE Official Code of Georgia Annotated, relating to the Department of Economic Development; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination. SB 455. By Senators Shafer of the 48th and Wiles of the 37th: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 16 of the O.C.G.A., relating to invasions of privacy, so as to define certain terms; to provide that it shall be illegal for a customer proprietary network information broker to obtain or release certain customer information; to provide for penalties; to provide for exceptions; to amend Code Section 4338-11 of the O.C.G.A., relating to denial, revocation, or sanction of licenses and registrations, action by the Georgia Board of Private Detective and Security Agencies, and judicial review, so as to provide that it shall be grounds for such board to deny or revoke a license if the applicant has obtained certain customer information; to amend Chapter 5 of Title 46 of the O.C.G.A., relating to telephone and telegraph service, so as to define certain terms; to provide that no telecommunications company may release certain customer information; to provide for rules and regulations; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 472. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to revise and change the employees suggestion and award program; to provide for the meritorious award program; to provide for definitions; to provide for establishment and implementation; to provide for powers, duties, and authority of the state personnel board and the commissioner of personnel administration; to provide for agency committees; to provide for awards; to provide for applicability and nonapplicability of certain retirement benefit provisions with respect to such awards; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination. SB 481. By Senators Stephens of the 27th, Douglas of the 17th, Whitehead, Sr. of the 24th, Schaefer of the 50th, Staton of the 18th and others: TUESDAY, FEBRUARY 28, 2006 1593 A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration and enforcement of the chapter concerning the registration and licensing of motor vehicles, so as to permit military personnel whose vehicles are registered in Georgia and have Georgia license plates who are stationed in other states as part of their military assignments and duties to meet their obligations concerning minimum motor vehicle liability insurance through the purchase of certain insurance in such other states; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. SB 502. By Senators Hamrick of the 30th, Carter of the 13th, Smith of the 52nd, Hill of the 32nd and Wiles of the 37th: A BILL to be entitled an Act to provide a comprehensive revision, modernization, and reform of the laws of this state relating to operating motor vehicles while under the influence of alcohol, drugs, or other substances; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to provide legislative intent; to prohibit the operation of motor vehicles in this state while under the influence of alcohol, drugs, or other substances; to provide for implied consent to chemical testing; to provide definitions; to provide for chemical testing of persons suspected of driving under the influence of alcohol, drugs, or other substances; to provide for the procedures to obtain and perform such tests; to provide for the administration of certain warnings with regard to such tests; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 530. By Senators Weber of the 40th and Seabaugh of the 28th: A BILL to be entitled an Act to amend Code Section 44-14-361 of the Official Code of Georgia Annotated, relating to creation and attachment of liens in favor of mechanics and materialmen, so as to change certain provisions relating to such liens, the conditions under which they attach, the property to which they attach, and the value for which they are created; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. 1594 JOURNAL OF THE HOUSE SB 547. By Senators Seabaugh of the 28th, Cagle of the 49th, Johnson of the 1st, Williams of the 19th and Stephens of the 27th: A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to provide for the recusal of board members when a conflict of interest exists; to provide for circumstances for removal of board members; to provide standards for offering education courses on appraising; to provide for certain conditions for the investigation of appraisers; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. The following members were recognized during the period of Morning Orders and addressed the House: O`Neal of the 146th, Williams of the 89th, Jones of the 44th, Maxwell of the 17th, Parsons of the 42nd, Mangham of the 94th, and Walker of the 107th. The Speaker assumed the Chair. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1122. By Representatives Lucas of the 139th, Coleman of the 144th, Randall of the 138th, Channell of the 116th, Cole of the 125th and others: A RESOLUTION commending Dr. R. Kirby Godsey, President and CEO of Mercer University, and inviting him to appear before the House of Representatives; and for other purposes. HR 1366. By Representatives Byrd of the 20th, Wilkinson of the 52nd, Reece of the 27th, Horne of the 71st, England of the 108th and others: A RESOLUTION commending Miss Monica Pang on placing as first runnerup in the Miss America Pageant, recognizing "Monica Pang Day," and inviting Miss Pang to appear before the House of Representatives; and for other purposes. HR 1427. By Representatives Lucas of the 139th, Graves of the 137th, Randall of the 138th, Ray of the 136th, Freeman of the 140th and others: TUESDAY, FEBRUARY 28, 2006 1595 A RESOLUTION welcoming citizens and public officials from Macon and Bibb County, recognizing the 2006 Cherry Blossom Festival, and inviting the mayor of the City of Macon, the chairperson of the Board of Commissioners of Bibb County, the chairperson of the Keep Macon-Bibb Beautiful Commission, and representatives from the International Cherry Blossom Festival to appear before this body; and for other purposes. HR 1490. By Representatives Hill of the 180th, Lane of the 167th, Williams of the 165th and Brooks of the 63rd: A RESOLUTION commending Pastor Leon Washington and inviting him to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1553. By Representative Reese of the 98th: A RESOLUTION commending Matt Dettmering, Jeff Dillard, Arthur Page, Thomas Sellers, and Vincent Washington for saving the life of Kenny Edwards; inviting Kenny Edwards to appear before the House of Representatives; and for other purposes. HR 1554. By Representatives Mumford of the 95th and Reese of the 98th: A RESOLUTION commending Vincent Washington for his role in saving the life of Kenny Edwards and inviting him to appear before the House of Representatives; and for other purposes. HR 1557. By Representatives Bordeaux of the 162nd, Jackson of the 161st, Stephens of the 164th, Carter of the 159th and Bryant of the 160th: A RESOLUTION recognizing and honoring the St. Patrick's Day Parade Committee and its officers and the Grand Marshal of the 2006 St. Patrick's Day Parade, Anthony Ryan, and inviting them to appear before the House of Representatives; and for other purposes. The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation: HR 1557 Do Pass 1596 JOURNAL OF THE HOUSE The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1557. By Representatives Bordeaux of the 162nd, Jackson of the 161st, Stephens of the 164th, Carter of the 159th and Bryant of the 160th: A RESOLUTION recognizing and honoring the St. Patrick's Day Parade Committee and its officers and the Grand Marshal of the 2006 St. Patrick's Day Parade, Anthony Ryan, and inviting them to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HR 1395. By Representatives Loudermilk of the 14th, Richardson of the 19th, Keen of the 179th, Porter of the 143rd, Hugley of the 133rd and others A RESOLUTION Honoring the memory of Wiley T. Nixon and naming the Wiley T. Nixon Capitol Post Office in his honor; and for other purposes. WHEREAS, the State of Georgia recently lost one of her most distinguished citizens and public servants with the passing of Wiley T. Nixon; and WHEREAS, Mr. Nixon began a career of public service at the State Capitol in 1969 as a doorkeeper for the House of Representatives and rose to the position of Postmaster, supervising two post offices at the Capitol that deliver thousands of pieces of mail each day; and WHEREAS, his devotion to duty was exemplary, his job performance was outstanding, and he was well known and respected for his wisdom and wit; and WHEREAS, above all else, those who were privileged to know Mr. Nixon will remember him best for his kindness and generosity, as he was a man who loved people and never ceased striving to help others; and WHEREAS, the General Assembly will be the poorer in his absence but was truly blessed by his presence during his 36 years of public service; and WHEREAS, it is fitting that Mr. Nixon's contributions to the State of Georgia be recognized with an enduring memorial. TUESDAY, FEBRUARY 28, 2006 1597 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY THAT the Capitol Post Office adjacent to the House Chamber on the third floor of the State Capitol is hereby named the Wiley T. Nixon Capitol Post Office and the Legislative Fiscal Officer is authorized and directed to provide for the placement of an appropriate plaque and signage so designating said facility. BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit an appropriate copy of this resolution to the family of the late Wiley T. Nixon. 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 Y Barnes Y Bearden Y 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 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 E Day Y Dean Y Dickson Y Dodson Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Everson 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 Howard, E 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 Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly E Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker 1598 JOURNAL OF THE HOUSE On the adoption of the Resolution, the ayes were 163, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. Representatives Mitchell of the 88th and Sims of the 169th 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 1304. By Representatives Knox of the 24th, Brown of the 69th and Meadows of the 5th: A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to provide that neither the cash surrender values nor the proceeds of life insurance policies and annuity contracts shall be liable to attachment, garnishment, or legal process in favor of any creditor of the person for whose use or benefit the policy or contract was executed; to provide that the proceeds of life insurance policies that are payable to the insured's estate or executor, administrator, or assign shall become a part of the insured's estate to be administered as all other estate assets; to provide for the discharge from liability for any insurer for payments in accordance with such provisions; 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 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that neither the cash surrender values nor the proceeds of life insurance policies and annuity contracts shall be liable to attachment, garnishment, or legal process in favor of any creditor of the person for whose use or benefit the policy or contract was executed; to provide that the proceeds of life insurance policies that are payable to the insured's estate or executor, administrator, or assign shall become a part of the insured's estate to be administered as all other estate assets; to provide for the discharge from liability for any insurer for payments in accordance with such provisions; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-25-11, relating to right of beneficiaries and assignees of TUESDAY, FEBRUARY 28, 2006 1599 insurance policies to proceeds of life insurance policies, and inserting in lieu thereof a new Code Section 33-25-11 to read as follows: "33-25-11. (a) If a policy of life insurance is effected by any person on his own life or on another life in favor of a person other than himself or, except in cases of transfer with intent to defraud creditors, if a policy of life insurance is assigned or in any way made payable to any such person, the lawful beneficiary or assignee thereof, other than the insured or the person so effecting such insurance or executors or administrators of such insured or the person so effecting the insurance, shall be entitled to its proceeds and avails as against the creditors and representatives of the insured and of the person effecting the same, whether or not the right to change the beneficiary shall be reserved or permitted and whether or not the policy shall be made payable to the person whose life is insured if the beneficiary or assignee shall predecease such person Whenever any person residing in the state shall die leaving insurance on his or her life, such insurance shall inure exclusively to the benefit of the person for whose use and benefit such insurance is designated in the policy, and the proceeds thereof shall be exempt from the claims of creditors of the insured unless the insurance policy or a valid assignment thereof provides otherwise. Notwithstanding the foregoing, whenever the insurance, by designation or otherwise, is payable to the insured or to the insured's estate or to his or her executors, administrators, or assigns, the insurance proceeds shall become a part of the insured's estate for all purposes and shall be administered by the personal representative of the estate of the insured in accordance with the probate laws of the state in like manner as other assets of the insured's estate. (b) Subject to the statute of limitations, the amount of any premiums for said insurance paid with intent to defraud creditors with interest thereon shall inure to the benefit of creditors from the proceeds of the policy; but the insurer shall be discharged of all liability thereon by payment of its proceeds in accordance with its terms, unless before the payment the insurer shall have received written notice, by or in behalf of a creditor, of a claim to recover for transfer made or premiums paid with intent to defraud creditors, with specifications of the amount claimed Payments as directed in this Code section shall, in every such case, discharge the insurer from any further liability under the policy, and the insurer shall in no event be responsible for, or be required to see to, the application of such payments. (c) The cash surrender values of life insurance policies issued upon the lives of citizens or residents of this state, upon whatever form, shall not in any case be liable to attachment, garnishment, or legal process in favor of any creditor of the person whose life is so insured unless the insurance policy was effected for the benefit of such creditor or unless the purchase, sale, or transfer of the policy is made with the intent to defraud creditors." SECTION 2. Said title is further amended by striking Code Section 33-28-7, relating to right of beneficiaries and assignees to proceeds of annuity, reversionary annuity, and pure 1600 JOURNAL OF THE HOUSE endowment contracts as against creditors and representatives of persons effecting contracts, and inserting in lieu thereof a new Code Section 33-28-7 to read as follows: "33-28-7. If an annuity, reversionary annuity, or pure endowment contract shall be effected by any person, based on his own life or on another life, payable to a person other than himself, the lawful beneficiary or assignee of the contract, other than the person effecting the contract or his executors or administrators, shall be entitled to its proceeds and avails against the creditors and representatives of the person effecting the contract to the same extent and under the same conditions provided with reference to the proceeds and avails of insurance policies in Code Section 33-25-11 The proceeds of annuity, reversionary annuity, or pure endowment contracts issued to citizens or residents of this state, upon whatever form, shall not in any case be liable to attachment, garnishment, or legal process in favor of any creditor of the person who is the beneficiary of such annuity contract unless the annuity contract was effected for the benefit of such creditor or unless the purchase, sale, or transfer of the policy is made with the intent to defraud creditors." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Benfield Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Crawford Y Cummings Y Davis E Day Y Dean Dickson Y Dodson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q E Neal Sailor Y Scheid Y Scott, A E Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre TUESDAY, FEBRUARY 28, 2006 1601 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 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 Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly E Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Oliver N 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 E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 157, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Beasley-Teague of the 65th, Benton of the 31st, and Mitchell of the 88th 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 513. By Representatives Scott of the 153rd and Day of the 163rd: A BILL to be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information on licensees and furnishing of information, so as to provide for furnishing of driver history information; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Crawford Y Cummings Y Davis E Day Y Dean Y Dickson Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw 1602 JOURNAL OF THE HOUSE Y Bearden Y 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 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 Dodson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 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 Lakly E Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin E Millar 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 Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Ray Y Reece, B Y Reece, S E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Burkhalter of the 50th and Mitchell of the 88th 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 1126. By Representative Barnard of the 166th: 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 insurance benefits for former state employees, so as to provide an exemption from the eight-year service requirement for correctional officers injured by inmate violence when five years or less from becoming eligible for medicare medical coverage; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 28, 2006 1603 The following Committee substitute was read and adopted: A BILL To amend Code Section 45-18-10 of the Official Code of Georgia Annotated, relating to the right of continuation of insurance benefits for former state employees, so as to provide an exemption from the eight-year service requirement for correctional officers injured by inmate violence when five years or less from becoming eligible for medicare medical coverage; 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 45-18-10 of the Official Code of Georgia Annotated, relating to the right of continuation of insurance benefits for former state employees, is amended by adding a new subsection (c) to read as follows: "(c) Any other provision of this article to the contrary notwithstanding, any employee who is injured by an act of inmate violence while he or she is employed as a correctional officer in a correctional facility in this state and is five years or less from becoming eligible for medicare medical coverage shall be exempt from the eight or more years of service requirement and shall be entitled to continue full coverage and participation, including coverage for his or her spouse and dependent children, in the health insurance plan upon the payment of the monthly premium fixed by the board for active state employees. The first monthly premium provided for in this subsection must be paid within 30 days following receipt of a notice of premium to be sent to such person by the commissioner. If such premium is not paid within such time limit, such insurance coverage shall be canceled and such person shall not again be eligible to participate in such plan." 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: 1604 JOURNAL OF THE HOUSE 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 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 Crawford Y Cummings Y Davis E Day Y Dean Y Dickson Y Dodson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Howard, E 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 Lakly E Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet 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 163, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Mitchell of the 88th and Thomas of the 55th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1556. By Representative Butler of the 18th: TUESDAY, FEBRUARY 28, 2006 1605 A RESOLUTION commending Arthur Page for his role in saving the life of Kenny Edwards and inviting him to appear before the House of Representatives; and for other purposes. HR 1561. By Representatives Mangham of the 94th and Watson of the 91st: A RESOLUTION commemorating the 150th anniversary of the founding of the City of Lithonia and inviting Honorable Darold Peter Honore', Jr., Mayor of Lithonia, to appear before the House of Representatives; and for other purposes. HR 1562. By Representative Mangham of the 94th: A RESOLUTION commending Mrs. Libby Mitchell for her service on the Lithonia City Council and inviting her to appear before the House of Representatives; and for other purposes. HR 1563. By Representatives Mangham of the 94th and Watson of the 91st: A RESOLUTION honoring the accomplishments of Annie Woodall, the Director of the Lithonia Senior Center, as she nears retirement, and inviting her to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 1219. By Representatives Smith of the 70th, Freeman of the 140th, Maddox of the 172nd, Morris of the 155th, Reese of the 98th 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 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 an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL 1606 JOURNAL OF THE HOUSE 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 for an exemption from sales and use tax with respect to certain sales of certain energy efficient products for a limited period of time; 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 subparagraph (A) of paragraph (75) and inserting in its place a new subparagraph (A), to read as follows: "(75)(A) The sale of any covered item. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on July 28, 2005 August 3, 2006, and concluding at 12:00 Midnight on July 31, 2005 August 6, 2006." SECTION 2. Said Code section is further amended by striking subparagraphs (A), (B), and (D) of paragraph (82) and inserting in their place new subparagraphs (A), (B), and (D) to read as follows: "(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 August 3, 2006, and concluding at 12:00 Midnight on October 9, 2005 August 6, 2006. (B) For the purposes of this exemption, an energy efficient product is any energy efficient product for noncommercial home or personal use consisting of any dishwasher, clothes washer, air conditioner, ceiling fan, incandescent or flourescent light bulb, dehumidifier, programmable thermostat, or refrigerator, door, or window, 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 agency's energy saving efficiency requirements or which have been designated as meeting or exceeding such requirements under each such agency's Energy Star program." "(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 TUESDAY, FEBRUARY 28, 2006 1607 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. (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. Reserved." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden 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 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 E Day Dean Y Dickson Y Dodson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E 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 E Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 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 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 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 1608 JOURNAL OF THE HOUSE 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 Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. HB 1217. By Representatives Murphy of the 23rd, Rice of the 51st, Talton of the 145th, Maxwell of the 17th and Dollar of the 45th: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for parking permits for disabled persons; to provide for specifications for such parking 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 amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to designate certain Code sections as reserved; to update cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, 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 Crawford Y Cummings Y Davis E Day Dean Y Dickson Y Dodson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Morgan Y Morris Y Mosby 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 TUESDAY, FEBRUARY 28, 2006 1609 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 Epps Y Everson 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 Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly E 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 Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Ray Y Reece, B Y Reece, S E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 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 155, nays 0. The Bill, having received the requisite constitutional majority, was passed. Due to a mechanical malfunction, the vote of Representative Lindsey of the 54th was not recorded 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. HB 1272. By Representatives Graves of the 12th, Brown of the 69th, Ralston of the 7th, Channell of the 116th, Burmeister of the 119th and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption regarding sales to nonprofit volunteer health clinics; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: 1610 JOURNAL OF THE HOUSE A BILL To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption regarding sales to nonprofit volunteer health clinics for a limited period of time; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by striking paragraph (7) and inserting in its place a new paragraph (7) to read as follows: "(7) From July 1, 2006, through June 30, 2008, sales Sales of tangible personal property and services to a nonprofit licensed nursing home, a nonprofit licensed inpatient hospice, or a nonprofit general or mental hospital, or a nonprofit volunteer health clinic used exclusively by such nursing home, in-patient hospice, or hospital, or volunteer health clinic in performing a general nursing home, in-patient hospice, hospital, or mental hospital, or volunteer health clinic treatment function in this state when such nursing home, in-patient hospice, or hospital, or volunteer health clinic is a tax exempt organization under the Internal Revenue Code consistent with the charitable mission and obtains an exemption determination letter from the commissioner;" SECTION 2. This Act shall become effective on July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. 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 Crawford Cummings Y Davis E Day Dean Y Dickson Y Dodson Y Dollar E Drenner Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Y Hudson Y Hugley Y Jackson Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F TUESDAY, FEBRUARY 28, 2006 1611 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 Y Cox Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 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 E Lane, B Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Murphy, J Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sinkfield Y Smith, B Y Smith, L Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens 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 157, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. HB 343. By Representatives Borders of the 175th, Black of the 174th, Shaw of the 176th and Houston of the 170th: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Valdosta State University's Peach State Summer Theatre as Georgia's Official Musical Theatre; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 1612 JOURNAL OF THE HOUSE On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Barnes Y Bearden 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 Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman, B Y Coleman, T Cooper Y Cox Crawford Y Cummings Y Davis E Day Dean Y Dickson Dodson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Howard, E 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 E Lane, B Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell 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 Reece, B Y Reece, S E 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 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 Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 150, nays 0. The Bill, having received the requisite constitutional majority, was passed. 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. HR 84. By Representatives Borders of the 175th, Houston of the 170th, Black of the 174th and Shaw of the 176th: TUESDAY, FEBRUARY 28, 2006 1613 A RESOLUTION designating the Valdosta State University's Peach State Summer Theatre as Georgia's Official Musical Theatre; 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 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 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 E Day Dean Y Dickson Dodson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Howard, E 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 E Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S 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 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 Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. 1614 JOURNAL OF THE HOUSE 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. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Agriculture & Consumer Affairs and referred to the Committee on Regulated Industries: 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. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Motor Vehicles: HB 880. By Representatives Cox of the 102nd and Williams of the 165th: 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. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the Senate: SB 456. By Senators Wiles of the 37th and Shafer of the 48th: TUESDAY, FEBRUARY 28, 2006 1615 A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to provide that it shall be unlawful to disseminate certain information relating to mobile telephone usage without the express consent of the subscriber; to provide that it shall be unlawful for an officer, employee, agent, or other person affiliated with a mobile telephone service provider to disseminate such information; to provide that it shall be unlawful to buy or otherwise obtain such information; to provide for penalties; to provide an exception; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Resolutions of the House and Senate were read and adopted: HR 1566. By Representative Reese of the 98th: A RESOLUTION commending Robert Contreras of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1567. By Representative Reese of the 98th: A RESOLUTION commending Brandon Cheatham of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1568. By Representative Reese of the 98th: A RESOLUTION commending Dustin Wilkerson of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1569. By Representative Reese of the 98th: A RESOLUTION commending Kelby Threlkeld of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1570. By Representative Reese of the 98th: A RESOLUTION commending Logan Saunders of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1571. By Representatives Walker of the 107th, Sheldon of the 105th, Oliver of the 83rd, Manning of the 32nd and Yates of the 73rd: A RESOLUTION acknowledging the contributions of senior Georgians and recognizing the week of February 27 through March 3, 2006, as Senior Week at the Capitol; and for other purposes. 1616 JOURNAL OF THE HOUSE HR 1572. By Representative Reese of the 98th: A RESOLUTION commending and recognizing Mona Parikh on earning the Girl Scouts of America Gold Award; and for other purposes. HR 1573. By Representative Ehrhart of the 36th: A RESOLUTION recognizing March 1, 2006, as "Boy Scout Day in Georgia"; and for other purposes. HR 1574. By Representative Amerson of the 9th: A RESOLUTION commending Dr. Lynda W. Woodruff on the occasion of her retirement; and for other purposes. HR 1575. By Representative Reese of the 98th: A RESOLUTION commending Derek Forrester of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1576. By Representative Reese of the 98th: A RESOLUTION commending Dequan Clark of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1577. By Representative Reese of the 98th: A RESOLUTION commending Brent Floyd of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1578. By Representative Reese of the 98th: A RESOLUTION commending Reid Atherton of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1579. By Representative Reese of the 98th: A RESOLUTION commending Bryce Benson of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1580. By Representative Reese of the 98th: A RESOLUTION commending Vidal Alexander of the 2005 11 Year Old Buford Wolves; and for other purposes. TUESDAY, FEBRUARY 28, 2006 1617 HR 1581. By Representative Reese of the 98th: A RESOLUTION commending Bobby Simpson of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1582. By Representative Reese of the 98th: A RESOLUTION commending Derek Smith of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1583. By Representative Reese of the 98th: A RESOLUTION commending Brody Abel of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1584. By Representative Reese of the 98th: A RESOLUTION commending Clay Whitfield of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1585. By Representative Reese of the 98th: A RESOLUTION commending Rick Legrant of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1586. By Representative Reese of the 98th: A RESOLUTION commending Preston Sweatman of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1587. By Representative Reese of the 98th: A RESOLUTION commending Chris Boulware of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1588. By Representative Reese of the 98th: A RESOLUTION commending Kyle Kellam of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1589. By Representative Reese of the 98th: 1618 JOURNAL OF THE HOUSE A RESOLUTION commending Scotty Hosch of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1590. By Representative Reese of the 98th: A RESOLUTION commending and recognizing Erika Gemzer on earning the Girl Scouts of America Gold Award; and for other purposes. HR 1591. By Representative Reese of the 98th: A RESOLUTION commending and recognizing Colleen Dance on earning the Girl Scouts of America Gold Award; and for other purposes. HR 1592. By Representative Reese of the 98th: A RESOLUTION commending and recognizing Renea Martucci on earning the Girl Scouts of America Gold Award; and for other purposes. HR 1593. By Representative Reese of the 98th: A RESOLUTION commending and recognizing Elaine Childs on earning the Girl Scouts of America Gold Award; and for other purposes. HR 1594. By Representative Reese of the 98th: A RESOLUTION commending and recognizing Jennifer Addy on earning the Girl Scouts of America Gold Award; and for other purposes. HR 1595. By Representative Reese of the 98th: A RESOLUTION commending Clay Gant of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1596. By Representative Reese of the 98th: A RESOLUTION commending Cole Thornton of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1597. By Representative Hudson of the 124th: A RESOLUTION commending Ms. Nita Reagin on being named the Putnam County Elementary School Teacher of the Year; and for other purposes. TUESDAY, FEBRUARY 28, 2006 1619 HR 1598. By Representative Burkhalter of the 50th: A RESOLUTION congratulating Autrey Mill Middle School on winning the PAGE Academic Bowl for Middle Grades State Finals; and for other purposes. HR 1599. By Representative Drenner of the 86th: A RESOLUTION commending Rita Thomas; and for other purposes. HR 1600. By Representative Reese of the 98th: A RESOLUTION commending Cameron Gazaway of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1601. By Representative Reese of the 98th: A RESOLUTION commending Jaron Jackson of the 2005 11 Year Old Buford Wolves; and for other purposes. HR 1602. By Representative Burkhalter of the 50th: A RESOLUTION commending Mr. Sherwin Glass; and for other purposes. SR 963. By Senators Bulloch of the 11th and Tolleson of the 20th: A RESOLUTION commending the Georgia peanut industry and recognizing March 8, 2006, as Peanut Butter and Jelly Day at the Capitol; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1603. By Representatives Oliver of the 83rd, Benfield of the 85th, Henson of the 87th and Gardner of the 57th: A RESOLUTION commending Ms. Tracie Lee Dean for her heroism and inviting her to appear before the House of Representatives; and for other purposes. HR 1606. By Representatives Benfield of the 85th, Watson of the 91st, Oliver of the 83rd, Stephenson of the 92nd, Williams of the 89th and others: 1620 JOURNAL OF THE HOUSE A RESOLUTION commending Mr. James "Red" Moore and inviting him to appear before the House of Representatives; and for other purposes. Representative McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report: Mr. Speaker: Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1380 Do Pass, by Substitute Respectfully submitted, /s/ McCall of the 30th Chairman Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1227 Do Pass, by Substitute HB 1228 Do Pass, by Substitute HB 1358 Do Pass SB 468 Do Pass 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 of the House and has instructed me to report the same back to the House with the following recommendation: TUESDAY, FEBRUARY 28, 2006 1621 HB 1470 Do Pass, by Substitute Respectfully submitted, /s/ Scott of the 153rd Chairman Representative Cooper of the 41st District, Chairman of the Committee on Health and Human Services, submitted the following report: Mr. Speaker: Your Committee on Health and Human Services has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1178 Do Pass, by Substitute 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: Your Committee on Higher Education 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: HB 1200 Do Pass HR 1287 Do Pass HR 1303 Do Pass SB 436 Do Pass Respectfully submitted, /s/ Hembree of the 67th Chairman Representative Rynders of the 152nd District, Chairman of the Committee on IntraGovernmental Coordination, submitted the following report: Mr. Speaker: 1622 JOURNAL OF THE HOUSE Your Committee on Intra-Governmental Coordination has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation: SR 760 Do Pass Respectfully submitted, /s/ Rynders of the 152nd 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1443 Do Pass, by Substitute Respectfully submitted, /s/ Hill of the 21st 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 has instructed me to report the same back to the House with the following recommendations: HB 841 Do Pass, by Substitute HB 1305 Do Pass HB 1336 Do Pass HR 162 Do Pass, by Substitute HR 1464 Do Pass Respectfully submitted, /s/ O'Neal of the 146th Chairman The following communications were received: TUESDAY, FEBRUARY 28, 2006 1623 Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334 February 23, 2006 Honorable Cathy Cox Secretary of State 214 State Capitol Atlanta, GA 30334 Dear Cathy: Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable David Doss was elected as the member of the State Transportation Board from the 11th Congressional District. He will serve for a term beginning April 15, 2006, and expiring April 15, 2011. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20. With best regards, I am Sincerely yours, /s/ Sewell Sewell R. Brumby Legislative Counsel SRB:df Enclosures cc: Honorable Sonny Perdue Honorable Mark Taylor Honorable Glenn Richardson Honorable Eric Johnson Honorable David Doss Honorable Mack Crawford Mr. Harold Linnenkohl Mr. Bob Ewing Mr. Robert E. Rivers, Jr. 1624 JOURNAL OF THE HOUSE The General Assembly State Capitol Atlanta TO: HONORABLE CATHY COX SECRETARY OF STATE This is to certify that Honorable David Doss has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the 11th Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 15, 2006, and expiring April 15, 2011. This 22nd day of February, 2006. /s/ Mark Taylor PRESIDENT OF THE SENATE /s/ Glenn Richardson SPEAKER, HOUSE OF REPRESENTATIVES Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 26, 2006, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable David Doss was elected as the member of the State Transportation board from the 11th Congressional District to serve a term beginning April 15, 2006, and expiring April 15, 2011. Respectfully submitted, /s/ Glenn Richardson Honorable Glenn Richardson Representative, District 19 Chairman TUESDAY, FEBRUARY 28, 2006 1625 /s/ Mack Crawford Honorable Mack Crawford Representative, District 127 Secretary Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334 February 23, 2006 Honorable Cathy Cox Secretary of State 214 State Capitol Atlanta, GA 30334 Dear Cathy: Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Robert L. Brown, Jr., was elected as the member of the State Transportation Board from the 4th Congressional District. He will serve for a term beginning April 15, 2006, and expiring April 15, 2011. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20. With best regards, I am Sincerely yours, /s/ Sewell Sewell R. Brumby Legislative Counsel SRB:df Enclosures cc: Honorable Sonny Perdue Honorable Mark Taylor Honorable Glenn Richardson Honorable Eric Johnson Honorable Robert L. Brown, Jr. Honorable David Adelman Honorable Mike Jacobs 1626 JOURNAL OF THE HOUSE Mr. Harold Linnenkohl Mr. Bob Ewing Mr. Robert E. Rivers, Jr. The General Assembly State Capitol Atlanta TO: HONORABLE CATHY COX SECRETARY OF STATE This is to certify that Honorable Robert L. Brown, Jr., has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the 4th Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 15, 2006, and expiring April 15, 2011. This 22nd day of February, 2006. /s/ Mark Taylor PRESIDENT OF THE SENATE /s/ Glenn Richardson SPEAKER, HOUSE OF REPRESENTATIVES Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 26, 2006, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Robert L. Brown, Jr., was elected as the member of the State Transportation board from the 4th Congressional District to serve a term beginning April 15, 2006, and expiring April 15, 2011. Respectfully submitted, /s/ David Adelman Honorable David Adelman Senator, District 42 Chairman TUESDAY, FEBRUARY 28, 2006 1627 /s/ Mike Jacobs Honorable Mike Jacobs Representative, District 80 Secretary The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning. 1628 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Wednesday, March 1, 2006 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 E Anderson Ashe Barnard Bearden Benfield Benton Black Borders Bridges Brooks Bruce Bryant E Buckner, D Burkhalter Byrd Carter Casas Chambers Cheokas Coan Cole Coleman, B Cox Crawford Cummings Davis E Day Dodson Dollar Drenner Dukes Ehrhart England Everson Floyd, J Forster Franklin Freeman Gardner Geisinger Graves, T Greene Hatfield Heard, J Heard, K Hembree Henson Hill, C Hill, C.A Holmes Holt E Horne Howard, E E Hudson Jackson Jacobs James Jamieson Jennings Johnson Jones, S Jordan Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord E Loudermilk Lunsford Maddox Mangham Marin Martin Maxwell May McCall E McClinton Meadows E Millar Mills Morris Mosby Mosley Mumford Murphy, J Murphy, Q Neal Oliver Parham Parrish Parsons Ralston Randall Ray Reece, S Reese Roberts Rogers Royal Rynders Scheid E Scott, A Scott, M Setzler Sims, C Sims, F Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Talton Teilhet Thomas, A.M 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, Bordeaux of the 162nd, Brown of the 69th, Burmeister of the 119th, Burns of the 157th, Coleman of the 144th, Dickson of the 6th, Fludd of the 66th, Golick of the 34th, Graves of the 137th, Hanner of the 148th, Harbin of the 118th, Houston of the 170th, Hugley of the 133rd, Manning of the 32nd, Mitchell of the 88th, O`Neal of the 146th, Orrock of the 58th, Powell of the 29th, Rice of the 51st, Sailor of the 93rd, Shaw of the 176th, Sheldon of the 105th, Sinkfield of the 60th, Smyre of 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. WEDNESDAY, MARCH 1, 2006 1629 Prayer was offered by the Reverend Raleigh Rucker, Mt. Patmos Baptist Church, Decatur, 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 1471. By Representative Burkhalter of the 50th: A BILL to be entitled an Act to amend Code Section 25-2-12 of the Official Code of Georgia Annotated, relating to fire safety standards and fire safety enforcement, so as to change provisions relating to the investigatory authority of local governments and the state fire marshal; 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 1472. By Representative Burkhalter of the 50th: 1630 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources with respect to mental health, so as to require the privatization of one or more state facilities for the treatment of mental illness; to provide for contracts; to provide for requirements for the operation of the treatment facility or facilities; to provide for the continued employment for current employees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1473. By Representatives Brown of the 69th, Channell of the 116th, Stephens of the 164th, Shaw of the 176th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require prior legislative approval for the submission of certain waivers pursuant to Section 1115 of the federal Social Security Act; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 1474. By Representative May of the 111th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Monroe, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to revise certain provisions relating to quorum requirements; to change and extend the corporate limits of the City of Monroe; to provide for a new Article VI, relating to municipal utilities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1475. By Representative Ralston of the 7th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ellijay in Gilmer County, approved April 11, 1979 (Ga. L. 1979, p. 3881), so as to change the corporate limits of the city; to provide for the inclusion of certain additional territory as a part of the City of Ellijay; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. WEDNESDAY, MARCH 1, 2006 1631 HB 1476. By Representative Freeman of the 140th: A BILL to be entitled an Act to amend an Act restating and reenacting a certain homestead exemption from ad valorem taxes levied for county and school purposes and a certain homestead exemption from ad valorem taxes levied for county purposes in Twiggs County approved March 20, 1990 (Ga. L. 1990, p. 3935), so as to increase the amount of the county exemption and the amount of the income limitation; to lower the age requirement to 62 years of age or over; to specify the terms and conditions of such exemption and the procedures relating thereto; to provide for a referendum, effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1477. By Representative Lane of the 167th: A BILL to be entitled an Act to provide a new charter for the City of Darien; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; 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 provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1478. By Representative Bridges of the 10th: A BILL to be entitled an Act to provide a new charter for the City of Demorest; 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, 1632 JOURNAL OF THE HOUSE 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 repeal an Act granting a new charter to the City of Demorest, approved August 15, 1917 (Ga. L. 1917, p. 656), as amended; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1479. By Representatives Carter of the 159th and Burns of the 157th: A BILL to be entitled an Act to amend 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 for conflicts of interest; to provide for a quorum; to provide for powers and duties of the mayor; to provide for jurisdiction of the municipal court; to provide for appeals; to repeal provisions relating to the removal of officers; to provide for city boards, commissions, and authorities; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1480. By Representative Smith of the 113th: A BILL to be entitled an Act to provide for terms for the members of the Board of Education of Oconee County; to provide for a referendum; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1481. By Representatives Lewis of the 15th, Loudermilk of the 14th and Graves of the 12th: A BILL to be entitled an Act to create the Board of Commissioners of Bartow County; to provide for commissioner districts; to provide for definitions and inclusions; to provide for elections, qualifications, and terms of office; to provide for powers, duties, authority, and compensation of the chairperson and members of the board; to provide for vacancies; to provide for a county manager and the selection, compensation, powers, and duties thereof; to provide for a clerk; to provide for oaths of office and surety bonds; to provide for a vice chairperson; to provide for other related matters; to repeal an Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended; to provide for submission of this Act for preclearance under the federal Voting Rights Act WEDNESDAY, MARCH 1, 2006 1633 of 1965, as amended; to provide for a referendum; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1482. By Representatives Burmeister of the 119th, Oliver of the 83rd, Hatfield of the 177th, Coan of the 101st, Benfield of the 85th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the O.C.G.A., relating to juvenile proceedings, so as to admit the general public to hearings in juvenile court with certain exceptions; to authorize juvenile court to close a hearing under exceptional circumstances upon its own motion or by a motion of a party; to discourage the media from publicizing the name, identity, or likeness of any child involved in a juvenile court proceeding; to prohibit the inspection of files and records by the general public of a proceeding in juvenile court without an order of the court; to permit certain persons and the state Department of Family and Children Services to inspect files and records without an order of the court; to provide that certain records may be sealed; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1483. By Representative Parsons of the 42nd: A BILL to be entitled an Act to amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," so as to require two public hearings prior to decreasing any local salary supplement when there has been an increase in the state minimum salary schedule; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1484. By Representative Tumlin of the 38th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to clarify the circumstances under which an insurable interest exists with respect to personal insurance; to codify the common law with respect to certain insurable interests; to change certain provisions concerning prerequisites for replacement life insurance exceeding insurance being surrendered; to change special employee group 1634 JOURNAL OF THE HOUSE provisions of group life insurance; to alter required policy provisions for group life insurance; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1485. By Representatives Coleman of the 97th, Casas of the 103rd, Maxwell of the 17th, Dickson of the 6th, Everson of the 106th and others: A BILL to be entitled an Act to amend Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the short title and purpose of the "Quality Basic Education Act," so as to change certain provisions relating to eligibility of enrollment for children in the custody of the Department of Juvenile Justice or 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 1486. By Representative Hudson of the 124th: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to prohibit granting permits for new solid waste disposal facilities or major modifications thereof if the premises are within two miles of certain school buildings; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1487. By Representatives Smith of the 129th, Graves of the 12th, May of the 111th and Rogers of the 26th: A BILL to be entitled an Act to amend Code Section 32-10-109 of the Official Code of Georgia Annotated, relating to the tax-exempt status of authority property and bonds, so as to add a provision that the real and personal property of the State Road and Tollway Authority shall be exempt from the sales and use tax; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. WEDNESDAY, MARCH 1, 2006 1635 HB 1488. By Representatives Burns of the 157th, Lane of the 158th, Roberts of the 154th, Harbin of the 118th and May of the 111th: A BILL to be entitled an Act 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 unlawful use of certain substances and equipment in hunting game animals or game birds; to define a term; to prohibit computer assisted remote hunting; to provide punishments for violations; to provide for forfeiture of certain equipment used in the commission of crime; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HB 1489. By Representatives Burns of the 157th, Roberts of the 154th and Lane of the 158th: A BILL to be entitled an Act to amend Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, so as to prohibit the importation of live cervids into this state; to prohibit the importation or possession of certain whole cervid carcasses or cervid carcass parts; to define certain terms; to provide penalties for violations; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HB 1490. By Representatives Burns of the 157th, Lane of the 158th and Jenkins of the 8th: A BILL to be entitled an Act to amend Code Section 12-3-10 of the O.C.G.A., relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally, so as to change certain provisions relating to prohibitions against having or using certain boats on state park lakes; to amend Code Section 16-9-70 of the O.C.G.A., relating to criminal use of an article with an altered identification mark, so as to include vessels within the applicability of said Code section; to amend Chapter 7 of Title 52 of the O.C.G.A., relating to the registration, operation, and sale of watercraft, so as to change certain provisions relating to definitions; to change certain provisions relating to requirement as to numbering of vessels; to provide for forfeiture proceedings; to provide penalties for violations; to provide for an effective date; to repeal conflicting laws; and for other purposes. 1636 JOURNAL OF THE HOUSE Referred to the Committee on Judiciary Non-Civil. HB 1491. By Representatives Martin of the 47th and Casas of the 103rd: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for a full-day kindergarten program for a minimum of 170 days per school year; to provide a short title; to change the minimum number of required days in a school year for public elementary and secondary schools to 170 days; to change certain provisions relating to the base pay of school food and nutrition personnel for purposes of conformity; to change certain provisions relating to a residential high school program for gifted youth for purposes of conformity; to change the definition of "school year" relating to teacher contracts for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1492. By Representative Knight of the 126th: A BILL to be entitled an Act to amend Code Section 44-14-518 of the Official Code of Georgia Annotated, relating to liens on aircraft for labor and materials and for contracts of indemnity, so as to provide for filing a notice of intention to claim a lien with the clerk of the superior court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1493. By Representative Burkhalter of the 50th: A BILL to be entitled an Act to amend Code Section 36-36-92 of the Official Code of Georgia Annotated, relating to annexation of unincorporated islands, so as to provide for conditions of the nonapplicability of sales and use taxes imposed by the governing authority of a municipality which annexes certain unincorporated islands; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HR 1555. By Representatives Rice of the 51st and Ehrhart of the 36th: A RESOLUTION creating the House Study Committee on Shared Parenting; and for other purposes. WEDNESDAY, MARCH 1, 2006 1637 Referred to the Committee on Human Relations & Aging. HR 1558. By Representatives Setzler of the 35th, Hill of the 21st, Loudermilk of the 14th, Lindsey of the 54th, May of the 111th and others: A RESOLUTION creating the House Study Committee on Biological Privacy; and for other purposes. Referred to the Committee on Judiciary. HR 1559. By Representatives Jackson of the 161st, Bryant of the 160th, Stephens of the 164th, Carter of the 159th and Bordeaux of the 162nd: A RESOLUTION creating the House Study Committee on the Chatham County Technical and Vocational Training in High Schools; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 1560. By Representative Cox of the 102nd: A RESOLUTION creating the House Pandemic Preparedness and Response Study Committee; and for other purposes. Referred to the Committee on Health & Human Services. HR 1565. By Representatives Coleman of the 97th, Casas of the 103rd, Everson of the 106th, Thomas of the 100th, Ashe of the 56th and others: A RESOLUTION commending and encouraging art education in Georgia's public schools and urging the Governor's Education Finance Task Force to include art education in its Investing in Educational Excellence recommendations; and for other purposes. Referred to the Committee on Education. HR 1604. By Representative Lewis of the 15th: A RESOLUTION urging the Environmental Protection Division of the Georgia Department of Natural Resources to allow electric generation peaking facilities, which have the capability to fire natural gas or fuel oil and the flexibility to use either fuel throughout the year, assuring the state will 1638 JOURNAL OF THE HOUSE benefit from the operation of these facilities when natural gas supplies have been interrupted or are otherwise highly volatile; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. HR 1605. By Representatives Benfield of the 85th, Gardner of the 57th and Oliver of the 83rd: A RESOLUTION urging Congress to adopt the "United States National Health Insurance Act (or the Expanded and Improved Medicare for All Act)," House Bill 676; and for other purposes. Referred to the Committee on Insurance. HR 1607. By Representatives Loudermilk of the 14th, Cummings of the 16th and Reece of the 11th: A RESOLUTION dedicating the Veterans Memorial Highway; and for other purposes. Referred to the Committee on Transportation. By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the Committees: HB 1495. By Representatives Hill of the 21st, Tumlin of the 38th, Murphy of the 23rd, Talton of the 145th and Parsons of the 42nd: A BILL to be entitled an Act to amend Code Section 36-82-10 of the Official Code of Georgia Annotated, relating to reporting requirements regarding bonds, so as to change certain provisions regarding the contents of such reports; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1496. By Representatives Hatfield of the 177th, Sims of the 169th, Smith of the 168th and Mosley of the 178th: A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of superior courts, so as to change the term of court in Bacon, Brantley, Charlton, Coffee, Pierce, and WEDNESDAY, MARCH 1, 2006 1639 Ware counties in the Waycross Circuit; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1497. By Representatives Knight of the 126th, Chambers of the 81st, Burkhalter of the 50th and Benfield of the 85th: A BILL to be entitled an Act to amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to provide for requirements for persons who own vicious dogs; to provide for a short title; to provide for definitions; to provide for requirements for possessing a vicious dog; to provide for restrictions on permitting vicious dogs to be outside of proper enclosures; to provide for confiscation of vicious dogs under certain circumstances; to provide for penalties; to provide that the article is supplementary to other laws; to provide for liability for damages; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1498. By Representatives Stephenson of the 92nd, Orrock of the 58th, Jamieson of the 28th, Porter of the 143rd, Mosby of the 90th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide that estate recovery under Medicaid shall not apply to estates valued at $100,000.00 or less; to provide for hardship waivers to estate recovery for certain circumstances; to specify when claim may be made against the estate of a Medicaid recipient; to specify when a claim may not be made against the estate of a Medicaid recipient; to provide for submission of an amendment to the state plan; to provide for automatic repeal under certain conditions; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 1506. By Representatives Houston of the 170th, Burkhalter of the 50th, Ehrhart of the 36th, Royal of the 171st, Harbin of the 118th and others: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of state sales and use tax, so as to prohibit 1640 JOURNAL OF THE HOUSE certain sales at any business location where the state revenue commissioner has revoked such business location's certificate of registration; to provide for criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1507. By Representatives Stephens of the 164th, Ehrhart of the 36th, Parrish of the 156th, Graves of the 137th, Parham of the 141st and others: A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to prohibit prior authorization for a prescription drug which a drug manufacturer provides to a community pharmacy at the lowest price of a pricing structure; to provide for definitions; to provide for related powers and duties; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1509. By Representatives Harbin of the 118th and Burmeister of the 119th: A BILL to be entitled an Act to amend Code Section 34-9-205 of the Official Code of Georgia Annotated, relating to the promulgation of a workers compensation fee schedule, so as to require the promulgation of standards for the exemption of medical providers from the workers compensation fee schedule; to require that certain kinds of medical services shall not be subject to any fee schedule but shall be limited by usual, customary, and reasonable charge levels; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Industrial Relations. HR 1610. By Representatives Franklin of the 43rd, Chambers of the 81st, Neal of the 1st, Crawford of the 127th, Cox of the 102nd and others: A RESOLUTION relative to the safeguarding of the integrity and security of the ports of Georgia; and for other purposes. Referred to the Committee on Public Safety. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: WEDNESDAY, MARCH 1, 2006 1641 HB 1446 HB 1447 HB 1448 HB 1449 HB 1450 HB 1453 HB 1457 HB 1464 HB 1465 HB 1466 HB 1467 HB 1468 HB 1469 HB 1470 HR 1534 HR 1537 HR 1538 HR 1551 HR 1564 SB 229 SB 316 SB 445 SB 455 SB 472 SB 481 SB 502 SB 530 SB 547 Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 410 Do Pass, by Substitute Respectfully submitted, /s/ Coleman of the 97th 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1313 Do Pass, by Substitute HB 1399 Do Pass HR 1306 Do Pass, by Substitute 1642 JOURNAL OF THE HOUSE Respectfully submitted, /s/ Willard of the 49th 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 1414 Do Pass HB 1415 Do Pass HB 1428 Do Pass HB 1429 Do Pass HB 1432 Do Pass HB 1434 Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, MARCH 1, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 25th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 920 HB 1031 HB 1209 HB 1291 HB 1390 Employees' health insurance; certain members of local boards of education; provide benefits Incest; gender neutrality; provisions Dept. of Public Safety; motorcycle enforcement program; provisions for payment Automobile clubs; regulate State Board of Optometry; change certain provisions relating to creation WEDNESDAY, MARCH 1, 2006 1643 Modified Open Rule HB 276 Motor vehicles; licensing of ignition interlock device providers Modified Structured Rule HB 1112 Speech-language pathologists and audiologists; licensing; change provisions Structured Rule HB 1141 Lobbyists; payment of registration; provide HB 1293 Conservation use covenant; breach; provide for additional acts 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 1414. By Representatives Holt of the 112th, Mumford of the 95th and Lunsford of the 110th: A BILL to be entitled an Act to authorize Newton County to exercise all redevelopment and other powers except for condemnation and eminent domain 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 1415. By Representatives Holt of the 112th, Mumford of the 95th and Lunsford of the 110th: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Newton County; to provide for a short 1644 JOURNAL OF THE HOUSE title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1428. By Representatives Meadows of the 5th and Graves of the 12th: A BILL to be entitled an Act to provide for homestead exemptions from City of Calhoun independent school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that school district who are at least 65 but less than 70 years of age and in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1429. By Representatives Graves of the 12th and Meadows of the 5th: A BILL to be entitled an Act to provide for homestead exemptions from Gordon County school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that school district who are at least 65 but less than 70 years of age and in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemptions 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. WEDNESDAY, MARCH 1, 2006 1645 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1432. By Representatives Scheid of the 22nd, Hill of the 21st, Byrd of the 20th and Murphy of the 23rd: A BILL to be entitled an Act to amend an Act to re-create and reincorporate the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, so as to provide that it shall require the affirmative votes of five councilmembers to approve the exercise of the power of eminent domain in the city limits; to provide for a quorum; 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 1434. By Representative Mills of the 25th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, particularly by an ordinance filed with the Secretary of State on February 17, 2005 (Ga. L. 2005, p. 4274), so as to change the powers and duties of the mayor; to provide for a city manager; to provide for the appointment of a city clerk; to provide for the appointment of a city attorney; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Crawford Y Cummings Davis E Day Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Hill, C.A Y Holmes Y Holt E Horne Y Houston Y Howard, E E Hudson Hugley Y Jackson Y Jacobs Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Morgan Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Sheldon Y Sims, C Y Sims, F Sinkfield 1646 JOURNAL OF THE HOUSE Y Black Bordeaux Y Borders Y Bridges Y Brooks Brown Y Bruce Y Bryant E Buckner, D E Buckner, G Y Burkhalter Burmeister Y Burns 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 Ehrhart Y England Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Graves, D Y Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Hembree Y Henson Hill, C James Y Jamieson Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Keown Y Kidd Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox Mangham Y Manning Y Marin Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Neal Y Oliver O'Neal Orrock Y 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 Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Stephens Stephenson Y Talton Y Teilhet 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 Bills, the ayes were 121, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representatives Jenkins of the 8th 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. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 376. By Senators Douglas of the 17th, Grant of the 25th, Schaefer of the 50th, Staton of the 18th, Williams of the 19th and others: A BILL to be entitled an Act to amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to WEDNESDAY, MARCH 1, 2006 1647 provide an exemption for certain spouses and children of certain deceased military persons; to define a certain term; to repeal conflicting laws; and for other purposes. SB 413. By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Thomas of the 2nd, Fort of the 39th 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, the compulsory school attendance law, so as to change certain provisions relating to mandatory education for children between ages six and 16; to provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the permission of his or her parent or guardian; to require parent or guardian approval; to provide for a conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance required; to change certain provisions relating to exemptions from compulsory attendance; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 419. By Senators Harp of the 29th, Hudgens of the 47th, Shafer of the 48th, Tolleson of the 20th and Bulloch of the 11th: A BILL to be entitled an Act to amend Article 2 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to setoff of debt collection against lottery prizes, so as to provide a method to recover delinquent child support payments from certain lottery proceeds; to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to require the child support enforcement agency to present claims for delinquent child support with the Georgia Lottery Corporation for the protection of the interest of the state and families owed delinquent due child support; to change certain provisions relating to said articles; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. SB 427. By Senators Hill of the 32nd, Smith of the 52nd, Hudgens of the 47th, Hill of the 4th, Harp of the 29th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the O.C.G.A., the "Public Retirement Systems Investment Authority Law," so as to define certain terms; to provide that certain public retirement systems may invest retirement system assets in certain types of alternative investments, private placements, and other private investments; to provide that such 1648 JOURNAL OF THE HOUSE investments may be made up to a certain amount; to shield information related to such investment from public scrutiny; to provide for a code of ethics; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes. SB 454. By Senators Douglas of the 17th and Kemp of the 46th: A BILL to be entitled an Act to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, so as to require patrol vehicle markings for Georgia State Patrol vehicles and exclude other vehicles used by the Department of Public Safety from the marking requirements; to increase the number of solid color marked vehicles allowed per post; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 522. By Senators Hamrick of the 30th, Seabaugh of the 28th and Unterman of the 45th: A BILL to be entitled an Act to provide for a short title; to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change certain provisions relating to disposition for certain delinquent acts; to change provisions relating to a juvenile court judge's authority in setting a commitment disposition for certain delinquency cases; to provide for the manner in which the Department of Juvenile Justice may discharge certain juveniles; to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to change certain provisions relating to commitment of delinquent or unruly children and their discharge from commitment; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 577. By Senators Hudgens of the 47th and Kemp of the 46th: A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of commissioners of roads and revenues of Madison County, Georgia," approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4802), an Act approved March 24, 1988 (Ga. L. 1988, p. 4692), and an Act approved March 30, 1989 (Ga. L. 1989, p. 4716), so as to provide for a quorum; to allow for the vote of the chairperson; to abolish the office of treasurer; to authorize the position of chief financial officer; to provide for salaries and expenses; to provide for the WEDNESDAY, MARCH 1, 2006 1649 establishment of policies; to provide for public hearings; to provide for a referendum; to provide for the submission of this Act to the United States Department of Justice for approval; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1270. By Representatives Yates of the 73rd and Knight of the 126th: A BILL to be entitled an Act to amend an Act abolishing the fee system as the mode of compensation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, approved March 6, 1962 (Ga. L. 1962, p. 3068), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2561), an Act approved April 5, 1971 (Ga. L. 1971, p. 3108), an Act approved March 30, 1977 (Ga. L. 1977, p. 4238), an Act approved March 13, 1978 (Ga. L. 1978, p. 3196), an Act approved April 11, 1979 (Ga. L. 1979, p. 3452), an Act approved April 6, 1981 (Ga. L. 1981, p. 4129), an Act approved March 21, 1984 (Ga. L. 1984, p. 4534), and an Act approved March 28, 1986 (Ga. L. 1986, p. 5545), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1322. By Representatives Holt of the 112th, Mumford of the 95th and Lunsford of the 110th: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Covington; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to repeal conflicting laws; and for other purposes. HB 1329. By Representatives Holt of the 112th, Mumford of the 95th and Lunsford of the 110th: A BILL to be entitled an Act to authorize the City of Covington 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. 1650 JOURNAL OF THE HOUSE HB 1344. By Representatives Tumlin of the 38th, Setzler of the 35th, Johnson of the 37th, Manning of the 32nd, Golick of the 34th and others: A BILL to be entitled an Act to provide for legislative declarations with respect to all local homestead exemptions for all taxing jurisdictions consisting of or located in Cobb County; 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 376. By Senators Douglas of the 17th, Grant of the 25th, Schaefer of the 50th, Staton of the 18th, Williams of the 19th and others: A BILL to be entitled an Act to amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide an exemption for certain spouses and children of certain deceased military persons; to define a certain term; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 413. By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Thomas of the 2nd, Fort of the 39th 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, the compulsory school attendance law, so as to change certain provisions relating to mandatory education for children between ages six and 16; to provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the permission of his or her parent or guardian; to require parent or guardian approval; to provide for a conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance required; to change certain provisions relating to exemptions from compulsory attendance; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. SB 419. By Senators Harp of the 29th, Hudgens of the 47th, Shafer of the 48th, Tolleson of the 20th and Bulloch of the 11th: WEDNESDAY, MARCH 1, 2006 1651 A BILL to be entitled an Act to amend Article 2 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to setoff of debt collection against lottery prizes, so as to provide a method to recover delinquent child support payments from certain lottery proceeds; to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to require the child support enforcement agency to present claims for delinquent child support with the Georgia Lottery Corporation for the protection of the interest of the state and families owed delinquent due child support; to change certain provisions relating to said articles; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 427. By Senators Hill of the 32nd, Smith of the 52nd, Hudgens of the 47th, Hill of the 4th, Harp of the 29th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the O.C.G.A., the "Public Retirement Systems Investment Authority Law," so as to define certain terms; to provide that certain public retirement systems may invest retirement system assets in certain types of alternative investments, private placements, and other private investments; to provide that such investments may be made up to a certain amount; to shield information related to such investment from public scrutiny; to provide for a code of ethics; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 454. By Senators Douglas of the 17th and Kemp of the 46th: A BILL to be entitled an Act to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, so as to require patrol vehicle markings for Georgia State Patrol vehicles and exclude other vehicles used by the Department of Public Safety from the marking requirements; to increase the number of solid color marked vehicles allowed per post; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. 1652 JOURNAL OF THE HOUSE SB 456. By Senators Wiles of the 37th and Shafer of the 48th: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to provide that it shall be unlawful to disseminate certain information relating to mobile telephone usage without the express consent of the subscriber; to provide that it shall be unlawful for an officer, employee, agent, or other person affiliated with a mobile telephone service provider to disseminate such information; to provide that it shall be unlawful to buy or otherwise obtain such information; to provide for penalties; to provide an exception; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 522. By Senators Hamrick of the 30th, Seabaugh of the 28th and Unterman of the 45th: A BILL to be entitled an Act to provide for a short title; to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change certain provisions relating to disposition for certain delinquent acts; to change provisions relating to a juvenile court judge's authority in setting a commitment disposition for certain delinquency cases; to provide for the manner in which the Department of Juvenile Justice may discharge certain juveniles; to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to change certain provisions relating to commitment of delinquent or unruly children and their discharge from commitment; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 577. By Senators Hudgens of the 47th and Kemp of the 46th: A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of commissioners of roads and revenues of Madison County, Georgia," approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4802), an Act approved March 24, 1988 (Ga. L. 1988, p. 4692), and an Act approved March 30, 1989 (Ga. L. 1989, p. 4716), so as to provide for a quorum; to allow for the vote of the chairperson; to abolish the office of treasurer; to authorize the position of chief financial officer; to provide for salaries and expenses; to provide for the WEDNESDAY, MARCH 1, 2006 1653 establishment of policies; to provide for public hearings; to provide for a referendum; to provide for the submission of this Act to the United States Department of Justice for approval; to provide for 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 members were recognized during the period of Morning Orders and addressed the House: Holt of the 112th, Ehrhart of the 36th, and Mangham of the 94th. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Motor Vehicles: HB 1392. By Representatives Hembree of the 67th, Rice of the 51st, Murphy of the 23rd and Yates of the 73rd: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide for certain penalties for a driver who commits a right of way violation resulting in a collision with a motorcyclist, pedestrian, or bicyclist; to provide for related matters; to repeal conflicting laws; and for other purposes. By order of the Committee on Rules, the following Resolution of the House was withdrawn from the General Calendar and recommitted to the Committee on Transportation: HR 408. By Representatives Black of the 174th and Borders of the 175th: A RESOLUTION renaming Negro Branch in Brooks County as Pride Branch; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1293. By Representatives Royal of the 171st, Floyd of the 147th, Roberts of the 154th, Channell of the 116th and O`Neal of the 146th: 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 constitute a breach of a 1654 JOURNAL OF THE HOUSE conservation use covenant but incur a reduced penalty; to 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 E Anderson Y Ashe Y Barnard Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Brown Y Bruce Y Bryant E Buckner, D E Buckner, G Burkhalter Burmeister Y Burns Butler Y Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Crawford Y Cummings Y Davis E Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Freeman Y Gardner Y Geisinger Y Golick Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Holmes Holt E Horne Y Houston Y Howard, E E Hudson Hugley Jackson Y Jacobs Y James Y Jamieson Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May McCall E McClinton Y Meadows E Millar 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 Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Reece, S Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Scheid Scott, A Y Scott, M Y Setzler Shaw Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin 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 130, nays 0. The Bill, having received the requisite constitutional majority, was passed. WEDNESDAY, MARCH 1, 2006 1655 Representatives Jenkins of the 8th, Reese of the 98th, 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 276. By Representatives Rice of the 51st, Dollar of the 45th, Powell of the 29th, Murphy of the 23rd and Parham of the 141st: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for licensing of ignition interlock device provider centers; to provide a short title; to provide for definitions; to provide for certain requirements for operators of provider centers; to provide for a misdemeanor offense; to provide for rules and standards to be set by the commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for licensing of ignition interlock device provider centers; to provide a short title; to provide for definitions; to provide for certain requirements for operators of provider centers; to provide for a misdemeanor offense; to provide for rules and standards to be set by the commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by inserting a new chapter to read as follows: "CHAPTER 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) 'Commissioner' means the commissioner of driver services. 1656 JOURNAL OF THE HOUSE (2) 'Department' means the Department of Driver Services acting directly or through its duly authorized officers and agents. (3) 'Ignition interlock device' means a constant monitoring device certified by the commissioner 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. (4) '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. WEDNESDAY, MARCH 1, 2006 1657 (b) The department shall conduct a records check for any applicant for certification as a provider center operator. Each applicant shall submit two sets of classifiable fingerprints to the department. The department shall transmit both sets of fingerprints to the Georgia Crime Information Center, which shall submit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set of fingerprints and promptly conduct a search of state records. After receiving a report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be licensed. The applicant shall be responsible for any fee or other charge allowed by law or rule or regulation promulgated by the department, the Georgia Crime Information Center, or the Federal Bureau of Investigation for the submission, processing, and review of such fingerprints. (c) No applicant shall be licensed or certified who does not meet the requirements set forth in Code Section 43-12A-6. 43-12A-5. (a) No provider center shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name of a Georgia corporation registered with the Secretary of State. (b) This Code section shall not prohibit the franchising or licensing of any part or all of the name of a provider center by the owner of the rights therein to another licensed provider center. (c) A judicial officer, probation officer, law enforcement officer, or other officer or employee of a court or any person employed by a private company which has contracted to provide private probation services for misdemeanor cases, or any employee of the Department of Driver Services 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; 1658 JOURNAL OF THE HOUSE (3) Shall not have been convicted of any felony or of any crime involving theft, fraud, violence, or moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph, the term 'felony' shall mean any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and the term 'conviction' shall mean a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; and (4) Shall not have been arrested, charged, and sentenced for the commission of any felony, or any crime involving theft, fraud, violence, or moral turpitude, where: (A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere. The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime. 43-12A-7. (a) The department shall issue a license certificate to each provider center operator when such person has met the qualifications required under this chapter. Each provider center shall be required to have a separate license for each location, but mobile units operating out of a particular licensed location need not be separately licensed. (b) All licenses issued to operators of provider centers pursuant to this chapter shall be valid for four years from the date of issuance unless sooner canceled, suspended, or revoked under Code Section 43-12A-8. All licenses shall be renewed through the department as provided in subsection (d) of this Code section and shall be valid for four years from the date of renewal. (c) The license of each provider center operator may be renewed subject to the same conditions as the original license and upon payment of a fee of $100.00. (d) All applications for renewal of a provider center operator's 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 center's 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 driver's license or permit; WEDNESDAY, MARCH 1, 2006 1659 (3) The licensee fails to comply with this chapter or any rule of the department made pursuant thereto; (4) The licensee represents himself or herself as an agent or employee of the department or uses advertising designed to lead, or which would reasonably have the effect of leading, persons to believe that such licensee is in fact an employee or representative of the department; (5) The licensee or any employee or agent of the licensee directly or indirectly solicits business by personal solicitation on public property or in any department, agency, or office of the state which involves the administration of any law relating to motor vehicles, whether by telephone, mail, or electronic communications. A violation of this paragraph shall be a misdemeanor. Advertising in any mass media, including, but not limited to, newspapers, radio, television, magazines, or telephone directories, by a provider center shall not be considered a violation of this paragraph; or (6) The driver's license of the licensee has been canceled, suspended, or revoked. 43-12A-9. (a) The commissioner 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 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 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 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, 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 1660 JOURNAL OF THE HOUSE proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this chapter or any order, rules, or regulations promulgated pursuant to this chapter." SECTION 2. This Act shall become effective on January 1, 2007. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant E Buckner, D E Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Crawford Y Cummings Y Davis E Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger Golick Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Hill, C.A Y Holmes Holt E Horne Y Houston Y Howard, E E Hudson 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 Lucas Y Martin Y Maxwell Y May Y McCall E McClinton Meadows E Millar 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 Orrock Y Parham Y Parrish Y Parsons Porter Y Powell Y 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 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 Y Williams, A WEDNESDAY, MARCH 1, 2006 1661 Cole Y Coleman, B Coleman, T Cooper Y Cox Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Rice Y Roberts Rogers Y Royal Y Rynders Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Meadows of the 5th, Sheldon of the 105th, 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 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. The following amendment was read and adopted: Representatives Fleming of the 117th, Smith of the 70th, and Horne of the 71st move to amend HB 920 by inserting after "health insurance benefits to" on line 4 on page 1 "certain". By inserting after "subsection" on line 23 on page 1 "and under paragraph (2) of subsection (c.1) of Code Section 45-18-5". By striking lines 28 through 31 on page 2 and inserting in lieu thereof the following: (4) The General Assembly may by local Act authorize a local board of education to provide group medical insurance for a member, including such member's spouse and dependents, who leaves office on or after December 31, 2006, if such member has served at least 12 years as a member of the 1662 JOURNAL OF THE HOUSE local board of education and if such member, spouse, and dependents have been covered by such policy of group medical insurance continuously for a period of at least one year immediately prior to such member leaving office. A former member of a board of education who elects group medical insurance By striking lines 12 through 14 on page 3 and inserting in lieu thereof the following: (2) The General Assembly may by local Act authorize a local board of education to provide health insurance for a member, including such member's spouse and dependents, who leaves office on or after December 31, 2006, if such member has served at least 12 years as a member of the local board of education and if such member, spouse, and dependents have been covered by such health insurance continuously for a period of at least one year immediately prior to such member leaving office. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant E Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Crawford Y Cummings Y Davis E Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D N Graves, T N Greene Y Hill, C.A Y Holmes Holt E Horne N Houston Y Howard, E E 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 Martin Y Maxwell Y May Y McCall E McClinton N Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall 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 Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren WEDNESDAY, MARCH 1, 2006 1663 Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Hanner Y Harbin Y Hatfield Y Heard, J Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Lindsey Y Lord N Loudermilk Lucas N Lunsford Y Maddox Y Mangham Y Manning Marin Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, as amended, the ayes were 144, nays 6. The Bill, having received the requisite constitutional majority, was passed, as amended. Due to a mechanical malfunction, the votes of Representatives Hugley of the 133rd, Sheldon of the 105th, and Smith of the 70th were not recorded on the preceding roll call. They 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. HB 1031. By Representatives Dodson of the 75th, Willard of the 49th, Royal of the 171st, Barnes of the 78th, Jordan of the 77th and others: A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for gender neutrality with regard to the offense of incest; to change certain provisions relating to sodomy; 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 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for gender neutrality with regard to the offense of incest; 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 1664 JOURNAL OF THE HOUSE offenses, is amended by striking subsection (a) of Code Section 16-6-22, relating to incest, and inserting in lieu thereof the following: "(a) A person commits the offense of incest when he the person engages in sexual intercourse or sodomy, as such term is defined in Code Section 16-6-2, with a person to whom he or she knows he or she is related either by blood or by marriage as follows: (1) Father and daughter or stepdaughter child or stepchild; (2) Mother and son or stepson child or stepchild; (3) Sibling Brother and sister of the whole blood or of the half blood and sibling of the whole blood or of the half blood; (4) Grandparent and grandchild; (5) Aunt and niece or nephew; or (6) Uncle and niece or nephew." 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: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Bridges Y Brooks Y Brown Y Bruce Y Bryant E Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Crawford Y Cummings Davis E Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Hill, C.A Y Holmes Y Holt E Horne Y Houston Y Howard, E E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Martin Y Maxwell Y May Y McCall E McClinton Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish 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 Y Stephens Stephenson Y Talton Y Teilhet WEDNESDAY, MARCH 1, 2006 1665 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 Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y 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 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 Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. Representative Rice of the 51st District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. Speaker: Your Committee on Motor Vehicles has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 552 HB 654 HB 710 HB 995 HB 1006 Do Pass Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass, by Substitute HB 1053 HB 1075 HB 1171 HB 1216 HR 1564 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass Respectfully submitted, /s/ Rice of the 51st Chairman Representative Hill of the 21st District, Chairman of the Committee on Special Rules, submitted the following report: 1666 JOURNAL OF THE HOUSE Mr. Speaker: Your Committee on Special Rules has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 988 Do Pass, by Substitute Respectfully submitted, /s/ Hill of the 21st 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 has instructed me to report the same back to the House with the following recommendations: HB 884 Do Pass, by Substitute HB 1318 Do Pass, by Substitute HR 821 Do Pass Respectfully submitted, /s/ Barnard of the 166th Chairman The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 1061. By Senators Williams of the 19th, Johnson of the 1st and Brown of the 26th: A RESOLUTION relative to adjournment; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time: WEDNESDAY, MARCH 1, 2006 1667 HB 1390. By Representative Ehrhart of the 36th: 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 change certain provisions relating to creation of the State Board of Optometry, its composition, and qualifications of its members; to change certain provisions relating to the terms of office of board members; to provide for related matters; to repeal conflicting laws; and for other purposes. By unanimous consent, further action on HB 1390 was suspended until later in the legislative day. The Speaker announced the House in recess until 1:30 o'clock, this afternoon. 1668 JOURNAL OF THE HOUSE AFTERNOON SESSION The Speaker called the House to order. The following Resolutions of the House were read: HR 1611. By Representative Bryant of the 160th: A RESOLUTION commending David Leonard Campbell, Sr.; and for other purposes. HR 1612. By Representative Mosby of the 90th: A RESOLUTION commending Grady Heath System's Patient Safety Committee for its recognition of National Patient Safety Awareness Week; and for other purposes. HR 1613. By Representatives Hugley of the 133rd, Smith of the 131st, Smith of the 129th and Smyre of the 132nd: A RESOLUTION commending Rozel Hugley Wilborn and congratulating her on the occasion of her retirement; and for other purposes. HR 1614. By Representative Murphy of the 120th: A RESOLUTION commending Mayor Marcia L. Fudge; and for other purposes. HR 1615. By Representatives Thomas of the 55th, Jones of the 44th, Stanley-Turner of the 53rd and Sinkfield of the 60th: A RESOLUTION remembering and honoring the life of Mrs. Lumumba Laila Majied; and for other purposes. HR 1616. By Representative Bryant of the 160th: A RESOLUTION recognizing and commending Andrea Chaney; and for other purposes. HR 1617. By Representative Jones of the 44th: A RESOLUTION commending the Atlanta Alumnae Chapter of Delta Sigma Theta Sorority, Inc.; and for other purposes. WEDNESDAY, MARCH 1, 2006 1669 HR 1618. By Representative Coan of the 101st: A RESOLUTION commending and recognizing Megan Miller on earning the Girl Scouts of America Gold Award; and for other purposes. HR 1619. By Representative Coan of the 101st: A RESOLUTION commending and recognizing Veronica Kinard on earning the Girl Scouts of America Gold Award; and for other purposes. HR 1620. By Representative Cox of the 102nd: A RESOLUTION congratulating Yasmin Assar on being named a Distinguished Finalist in the Prudential Spirit of Community Awards and commending her on her service to the community; and for other purposes. HR 1621. By Representative Coan of the 101st: A RESOLUTION commending and recognizing Claire Welmering on earning the Girl Scouts of America Gold Award; and for other purposes. HR 1622. By Representative Reece of the 11th: A RESOLUTION commending Ms. Mildred Pettett; and for other purposes. HR 1623. By Representative Benton of the 31st: A RESOLUTION congratulating the Jefferson High School wrestling team on winning the Class A state wrestling championship and the Class A state dual championship; and for other purposes. HR 1624. By Representative Coan of the 101st: A RESOLUTION commending and recognizing Jennifer Addy on earning the Girl Scouts of America Gold Award; and for other purposes. HR 1625. By Representatives Lindsey of the 54th, Wilkinson of the 52nd, Thomas of the 55th and Jacobs of the 80th: A RESOLUTION congratulating the Buckhead Baseball 12 Year Old All Stars on winning the Little League Baseball Georgia state title; and for other purposes. 1670 JOURNAL OF THE HOUSE HR 1626. By Representative Keown of the 173rd: A RESOLUTION commending Deputy Sheriff Steven Jones; and for other purposes. HR 1627. By Representatives Butler of the 18th, Roberts of the 154th, Richardson of the 19th, Keen of the 179th and Burkhalter of the 50th: A RESOLUTION commending Dean Brennan Tennille on becoming an Eagle Scout; and for other purposes. HR 1628. By Representatives Butler of the 18th, Roberts of the 154th, Richardson of the 19th, Keen of the 179th and Burkhalter of the 50th: A RESOLUTION expressing sorrow at the passing of Colonel John Chapple Chandler, Jr.; and for other purposes. HR 1629. By Representative Neal of the 1st: A RESOLUTION commending Police Chief Charles R. "Dino" Richardson; and for other purposes. HR 1630. By Representative Neal of the 1st: A RESOLUTION congratulating Taylor Mullinax on being named a Distinguished Finalist in the Prudential Spirit of Community Awards and commending her on her community service; and for other purposes. HR 1631. By Representatives Benfield of the 85th, Williams of the 89th, Watson of the 91st, Stephenson of the 92nd and Gardner of the 57th: A RESOLUTION remembering and honoring the life of Mr. Jonathan Anthony McKee, Jr.; and for other purposes. HR 1632. By Representative Coan of the 101st: A RESOLUTION commending and recognizing Lorraine Villasenor on earning the Girl Scouts of America Gold Award; and for other purposes. On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: WEDNESDAY, MARCH 1, 2006 1671 E Abdul-Salaam Amerson E Anderson Ashe Y Barnard Barnes Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bordeaux E Borders Bridges Y Brooks Brown Bruce Y Bryant E Buckner, D Y Buckner, G Burkhalter Burmeister Y Burns Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Coan Cole Y Coleman, B Coleman, T Y Cooper Cox Y Crawford Y Cummings Davis E Day Dean Y Dickson Y Dodson Dollar N Drenner Y Dukes Y Ehrhart Y England Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd E Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Y Graves, T Y Greene Hanner Harbin Hatfield Y Heard, J Y Heard, K Heckstall Hembree Y Henson Hill, C Y Hill, C.A E Holmes Y Holt Y Horne Y Houston Y Howard, E E Hudson Y Hugley Jackson Y Jacobs 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 Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Mangham Manning Y Marin Y Martin Maxwell Y May McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Morris Mosby Y Mosley Mumford Y Murphy, J Y Murphy, Q Neal Oliver O'Neal Orrock Parham Y Parrish Parsons Porter Y Powell Ralston Y Randall Y Ray Reece, B Y Reece, S Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Sailor Scheid Scott, A Y Scott, M Setzler Shaw Y Sheldon Sims, C Y Sims, F Sinkfield Smith, B Y Smith, L Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Talton Teilhet Y Thomas, A.M Y Thomas, B Tumlin Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the adoption of the Resolutions, the ayes were 100, nays 1. The Resolutions were adopted. Representatives Parham of the 141st and Smith of the 113th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Under the general order of business, established by the Committee on Rules, the following Bill of the House, having previously been read, was again taken up for consideration: HB 1390. By Representative Ehrhart of the 36th: 1672 JOURNAL OF THE HOUSE 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 change certain provisions relating to creation of the State Board of Optometry, its composition, and qualifications of its members; to change certain provisions relating to the terms of office of board members; 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 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 a standard of care; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, is amended by striking subparagraph (D) of paragraph (2) of Code Section 43-30-1, relating to definitions, and inserting in lieu thereof the following: "(D) Pharmaceutical agents which are used by a doctor of optometry for treatment purposes and administered orally may only be: (i)(I) Nonnarcotic oral analgesics and Schedule III or Schedule IV controlled substances which are oral analgesics; (ii)(II) Used for ocular pain; and (iii)(III) Used for no more than 72 hours without consultation with the patient's physician; or (ii) Oral and topical pharmaceutical agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi except Schedule I or Schedule II controlled substances; provided, however, that oral steroids shall be limited to a maximum seven-day dose pack. Doctors of optometry using such oral and topical pharmaceutical agents shall be held to the same standard of care imposed by Code Section 51-1-27 as would be applied to a physician licensed under Chapter 34 of this title performing similar acts." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. WEDNESDAY, MARCH 1, 2006 1673 On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Amerson E Anderson N Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black N Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant E Buckner, D Y Buckner, G Burkhalter Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T N Cooper Y Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Dickson N Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd E Forster Y Franklin Y Freeman Y Gardner Y Geisinger N Golick N Graves, D Y Graves, T Y Greene Y Hanner Harbin N Hatfield Y Heard, J N Heard, K Heckstall Y Hembree Y Henson Hill, C Y Hill, C.A E Holmes Y Holt Y Horne Y Houston Y Howard, E E Hudson Y Hugley N 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 Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Mosby Y Mosley Y 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 Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scheid N Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield N Smith, B N Smith, L N Smith, P N Smith, R Y Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin E Walker Y Warren Y Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 129, nays 23. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Burkhalter of the 50th 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. 1674 JOURNAL OF THE HOUSE Representatives Amerson of the 9th, Dollar of the 45th, Harbin of the 118th, Heckstall of the 62nd, Manning of the 32nd, Parham of the 141st, and Sailor of the 93rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1141. By Representatives Heard of the 104th, Mills of the 25th and Parsons of the 42nd: A BILL to be entitled an Act to amend Code Section 21-5-71 of the Official Code of Georgia Annotated, relating to registration of lobbyists, so as to provide for the payment of certain registration and other fees by persons who register as lobbyists; to provide for the establishment of such fees; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 21-5-71 of the Official Code of Georgia Annotated, relating to registration of lobbyists, so as to provide for the payment of certain registration and other fees by persons who register as lobbyists; to provide for the establishment of such 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. Code Section 21-5-71 of the Official Code of Georgia Annotated, relating to registration of lobbyists, is amended by striking subsection (f) and inserting in lieu thereof a new subsection (f) to read as follows: "(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)(A) The commission shall collect the following fees: for annual lobbyist registration and for the issuance of identification cards under this Code section. The amount of such fees shall be set by the Legislative Fiscal Office annually after WEDNESDAY, MARCH 1, 2006 1675 consultation with the commission such that the total amount of such fees shall approximate the total of the direct and indirect costs to the state for registering such lobbyists, filing the reports by such lobbyists required by this article, providing identification cards to such lobbyists, and enforcing the provisions of this article concerning lobbyists for the year. In no event shall the registration fee exceed $200.00 per year for any individual registered lobbyist. Additional registrations submitted by any registered lobbyist for any given year shall not exceed $20.00 per additional registration. (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)(B) 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." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant E Buckner, D Y Crawford Y Cummings Y Davis E Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Hill, C.A E Holmes Y Holt Y Horne Y Houston Y Howard, E E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens 1676 JOURNAL OF THE HOUSE 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 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 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 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 Stephenson Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin E 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 158, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Parham of the 141st 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 1112. By Representatives Smith of the 113th, Holt of the 112th, Butler of the 18th and Byrd of the 20th: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to licensing of speech-language pathologists and audiologists; to provide an effective date; to repeal conflicting laws; and for other purposes. The following amendment was read and adopted: Representative Smith of the 113th moves to amend HB 1112 by striking lines 8 and 9 of page 2 and inserting in lieu thereof the following: clinician, hearing therapist, or any similar title or description of service or any variation or synonym which expresses, employs, By striking lines 23 and 24 of page 2 and inserting in lieu thereof the following: (2.2)(7) 'Hearing aid' means any wearable electronic instrument or device, including an assistive hearing device, WEDNESDAY, MARCH 1, 2006 1677 By striking line 25 of page 3 and inserting in lieu thereof the following: of a hearing disorder; the programming of cochlear implants and other implantable devices; and the planning, directing, conducting, and participating in hearing By striking line 20 of page 4 and inserting in lieu thereof the following: Georgia Speech-Language-Hearing Association, Georgia Organization for School-Based Speech-Language Pathologists, Georgia Academy of Audiology, and the By striking line 24 of page 5 and inserting in lieu thereof the following: (8) Issue provisional licenses to speech-language pathologists during The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant E Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Crawford Y Cummings Y Davis E Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Hill, C.A E Holmes Y Holt Y Horne Y Houston Y Howard, E E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 Y Ray Y Reece, B Y Reece, S Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin E Walker Y Warren Y Watson Y Wilkinson Y Willard 1678 JOURNAL OF THE HOUSE 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 Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, as amended, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1209. By Representatives Chambers of the 81st, Wilkinson of the 52nd and Watson of the 91st: A BILL to be entitled an Act to amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment into county treasuries of fines and forfeitures, so as to provide for payment of certain moneys arising from traffic fines generated by motorcycle enforcement to the Department of Public Safety for the maintenance and enhancement of the motorcycle enforcement program; to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals relative to prosecution of misdemeanor traffic offenses, so as to provide for payment of certain moneys arising from traffic fines generated by motorcycle enforcement to the Department of Public Safety for the maintenance and enhancement of the motorcycle enforcement program; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment into county treasuries of fines and forfeitures, so as to provide for payment of certain moneys arising from traffic fines generated by motorcycle enforcement to the Department of Public Safety for the maintenance and enhancement of the motorcycle enforcement program; to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals relative to prosecution of misdemeanor traffic offenses, so as to provide for payment of certain moneys arising from traffic fines generated by motorcycle enforcement to the Department of Public Safety for the maintenance and enhancement of the motorcycle enforcement program; to WEDNESDAY, MARCH 1, 2006 1679 provide for an effective date, automatic repeal, and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment into county treasuries of fines and forfeitures, is amended by striking subsection (a) and inserting in lieu thereof the following: "(a)(1) The clerks of the several courts shall pay into the county treasury of the county where the court is held all moneys arising from fines and forfeitures collected by them and, upon failure to do so, shall be subject to rule and attachment as in the case of defaulting sheriffs. (2) The provisions of paragraph (1) of this subsection shall not apply to the remainder of any fines, after costs, imposed for violation of any traffic offense provided in or authorized by Chapter 6 of Title 40 on an urban interstate system if the arrest or citation in such case was made or issued by a member of the Uniform Division of the Department of Public Safety's motorcycle enforcement unit, in which case such remainder shall be remitted to the Department of Public Safety and used for the maintenance and enhancement of the Department's motorcycle enforcement program. (3) As used in this subsection, the term 'urban interstate system' means a portion of the national system of interstate and defense highways which: (A) Is located entirely within any part of this state; and (B) Includes a single numbered interstate highway which forms a closed loop or perimeter. Where these conditions exist, the urban interstate system shall consist of the interstate highway constituting the closed loop or perimeter and all interstate highways or portions thereof located within such loop or perimeter, not including any portion of any interstate highway outside of the loop or perimeter." SECTION 2. Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals relative to prosecution of misdemeanor traffic offenses, is amended by striking Code Section 40-13-26, relating to how sentences shall be served and disposition of fines and costs, and inserting in lieu thereof the following: "40-13-26. (a) Defendants who plead guilty or who are convicted under this article shall be required to serve their sentences in such manner as is provided for by law in misdemeanor cases. In case a fine is imposed and paid, the officers of court, where on fee basis, shall first be paid their costs arising in such case. After the payment of all costs, the remainder of such fine shall be paid into the county treasury in the event the case is disposed of by the probate court; if the case is disposed of by the municipal court of an incorporated municipality, the remainder of such fine or fines shall be paid 1680 JOURNAL OF THE HOUSE into the treasury of the municipality where the court is located, except that where such courts have jurisdiction beyond the corporate limits of a municipality, and the offense occurs outside the municipality, the fine shall be paid into the county treasury; provided, however, that in any case where a fine was imposed for violation of any traffic offense provided in or authorized by Chapter 6 of this title on any 'urban interstate system' if the arrest or citation in such case was made or issued by a member of the Uniform Division of the Department of Public Safety's motorcycle enforcement unit, the remainder of such fine shall be remitted to the Department of Public Safety for the maintenance and enhancement of the Department's motorcycle program. The judge of the probate court or the person presiding over the municipal court must pay into the county treasury, or municipal treasury, or Department of Public Safety by the fifteenth day of each month the remainder of all fines for the preceding month. Such payment must be accompanied by a list showing the name of the defendant in each case, the fine imposed in each case, the costs in each case and to whom paid, and the balance which is being paid into the treasury. The official making such payment must be given a written receipt by the person receiving the payment. No officer receiving a salary will receive any fees for arresting or attending court in any case arising under this article, but the usual fees must be assessed, and, if the arresting officer is not entitled to the costs, they must go to the county or city to which the fine is paid or Department of Public Safety as required by this Code section. (b) As used in this subsection, the term 'urban interstate system' means a portion of the national system of interstate and defense highways which: (1) Is located entirely within any part of this state; and (2) Includes a single numbered interstate highway which forms a closed loop or perimeter. Where these conditions exist, the urban interstate system shall consist of the interstate highway constituting the closed loop or perimeter and all interstate highways or portions thereof located within such loop or perimeter, not including any portion of any interstate highway outside of the loop or perimeter." SECTION 3. This Act shall become effective on July 1, 2006, and shall expire June 30, 2011, unless renewed, and shall apply with respect to fines collected and forfeitures forfeited on or after July 1, 2006. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: WEDNESDAY, MARCH 1, 2006 1681 E Abdul-Salaam Y Amerson E Anderson Ashe N Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant E Buckner, D 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 Crawford Y Cummings Y Davis E Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming N 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 N Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A E Holmes Y Holt Y Horne Y Houston Y Howard, E E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby E Mosley Mumford N Murphy, J Y Murphy, Q Y Neal Y Oliver N 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 Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton N Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin E 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 143, nays 9. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Ashe of the 56th and Buckner of the 76th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1291. By Representatives Smith of the 131st, Rogers of the 26th, Meadows of the 5th and Murphy of the 120th: 1682 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to regulate automobile clubs; to provide definitions; 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 E Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant E Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis E Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson 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 Y Henson Y Hill, C Y Hill, C.A E Holmes Y Holt Y Horne Y Houston Y Howard, E E Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Kidd Y Knight Y Knox Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby E 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 Y Royal Y Rynders Y Sailor Y Scheid 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 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 E Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Yates Richardson, Speaker On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed. WEDNESDAY, MARCH 1, 2006 1683 The following Resolution of the Senate was read: SR 1061. By Senators Williams of the 19th, Johnson of the 1st and Brown of the 26th 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 2006 regular session of the General Assembly for the period of March 1, 2006, through March 6, 2006, shall be as follows: Wednesday, March 1 ..................................................in session for legislative day 25 Thursday, March 2 .....................................................in session for legislative day 26 Friday, March 3 ..........................................................in adjournment Saturday, March 4 ......................................................in adjournment Sunday, March 5.........................................................in adjournment Monday, March 6 .......................................................in session for legislative day 27 BE IT FURTHER RESOLVED that on and after March 6, 2006, the periods of adjournment of the 2006 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2006 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Crawford Y Cummings Y Davis E Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Hill, C.A E Holmes Y Holt Y Horne Y Houston Y Howard, E E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby E Mosley Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P 1684 JOURNAL OF THE HOUSE Y Bridges Brooks Y Brown Y Bruce Y Bryant E Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Greene Hanner Y Harbin Y Hatfield Y Heard, J Heard, K Heckstall Y Hembree Y Henson Y Hill, C 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Marin 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, 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 Tumlin E 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 adoption of the Resolution, the ayes were 150, nays 0. The Resolution was adopted. The following Resolution of the House was read and adopted: HR 1633. By Representative Scott of the 153rd: A RESOLUTION commending Christina Ashley Schmitt on receiving her black belt in karate; and for other purposes. Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. THURSDAY, MARCH 2, 2006 1685 Representative Hall, Atlanta, Georgia Thursday, March 2, 2006 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 E Anderson Ashe Barnard Bearden Benton Borders Bridges Brooks Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Butler Byrd Carter Casas Chambers Channell Cheokas Cole Coleman, B Cox Cummings E Day Dickson Dodson Dollar Drenner Dukes Ehrhart England Everson Fleming Floyd, J Franklin Freeman Gardner Graves, D Greene Hanner Harbin Hatfield Heard, J Heard, K Hembree Hill, C Hill, C.A Holmes Holt Horne Howard, E E Hudson Hugley Jackson James Jamieson Jenkins Jennings Jones, J Jones, S Keown Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Marin Maxwell E McClinton Meadows E Millar Mills Morris Mosley Mumford Murphy, J Murphy, Q Neal O'Neal Parham Parrish Parsons Porter Randall Reese Roberts Rynders Scheid Scott, M Setzler Shaw Sims, C Sims, F Smith, L Smith, P Smith, R Smith, T Smith, V Smyre Stephens Talton Teilhet Thomas, B Tumlin E Walker Warren Watson Wilkinson Williams, A Williams, E Williams, R Yates Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Beasley-Teague of the 65th, Black of the 174th, Bordeaux of the 162nd, Bruce of the 64th, Cooper of the 41st, Crawford of the 127th, Davis of the 109th, Dean of the 59th, Floyd of the 99th, Forster of the 3rd, Geisinger of the 48th, Golick of the 34th, Graves of the 12th, Henson of the 87th, Houston of the 170th, Jordan of the 77th, Keen of the 179th, Kidd of the 115th, Loudermilk of the 14th, Lucas of the 139th, Lunsford of the 110th, Maddox of the 172nd, Mangham of the 94th, Manning of the 32nd, Martin of the 47th, McCall of the 30th, Mitchell of the 88th, Mosby of the 90th, Oliver of the 83rd, Powell of the 29th, Ralston of the 7th, Reece of the 27th, Reece of the 11th, Rogers of the 26th, Royal of the 171st, Sailor of the 93rd, Scott of the 153rd, Sheldon of the 105th, Sinkfield of the 60th, Stanley-Turner of the 53rd, Stephenson of the 92nd, Thomas of the 55th, Willard of the 49th, and Wix of the 33rd. 1686 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Dr. Richard Haynes, Salem Missionary Baptist Church, Lilburn, 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 1494. By Representatives Smith of the 113th and Holt of the 112th: A BILL to be entitled an Act to create a board of elections and registration for Morgan 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 and terms of members; to provide for employees of the board; 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 compensation of personnel; to provide for offices and equipment; THURSDAY, MARCH 2, 2006 1687 to provide for construction; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1499. By Representative Cheokas of the 134th: A BILL to be entitled an Act to amend an Act creating the State Court of Sumter County, approved November 22, 1900 (Ga. L. 1900, p. 93), as amended, so as to provide that on and after January 1, 2007, the district attorney of the judicial circuit within which Sumter County is located shall represent the state in all criminal prosecutions brought in the State Court of Sumter County and shall perform the duties of the office of solicitor-general of the state court; to provide for the powers, duties, and responsibilities of said district attorney in such state court; to authorize the establishment of a state court division by said district attorney; to provide for the assignment, appointment, and compensation of personnel by said district attorney; to provide for annual budgets; to provide for definitions and references; to provide for submission to the Justice Department for preclearance; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1500. By Representative Bearden of the 68th: A BILL to be entitled an Act to provide for a short title; to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to create different standards and penalties for designated felony acts; to change provisions relating to designated felony acts; to include certain crimes as a designated felony act under certain circumstances; to provide for court ordered competency evaluations under certain circumstances; to provide for certain information to be given to children who waive the right to counsel; to reorganize the elements of Chapter 11 applicable to designated felony acts and related matters; to change provisions relating to the contents of a petition alleging delinquency or unruliness; to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. 1688 JOURNAL OF THE HOUSE HB 1501. By Representatives Lindsey of the 54th and Wilkinson of the 52nd: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change provisions relating to the maximum fines which may be imposed for violations of county ordinances and which may be imposed by municipal courts; to change provisions relating to the maximum fines which may be specified by municipalities exercising home rule powers; to specifically authorize counties and municipalities to adopt ordinances relating to alcoholic beverages specifying fines up to a certain maximum amount; to provide for such provisions to control over conflicting provisions of local laws; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1502. By Representatives Royal of the 171st, O`Neal of the 146th and Roberts of the 154th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for additional powers, duties, and authority of the state revenue commissioner with respect to property appraisal and assessment; to change certain provisions relating to bona fide conservation use covenants; to change certain provisions regarding appointment of members of county boards of tax assessors; to change certain provisions regarding qualifications of members of county boards of tax assessors; to change certain provisions regarding eligibility and terms of office of members of county boards of tax assessors; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1503. By Representatives Bridges of the 10th, Reece of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to authorize the Magistrate Court of White County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. THURSDAY, MARCH 2, 2006 1689 HB 1504. By Representatives Bridges of the 10th, Reece of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to authorize the Probate Court of White County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1505. By Representatives Heckstall of the 62nd, Holmes of the 61st, Williams of the 89th, Jordan of the 77th and Johnson of the 37th: A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to require certain counties and municipalities within such counties that license or regulate taxicabs to require as a condition of licensure or operation within such jurisdiction to have certain safety equipment installed in each taxicab; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1508. By Representatives Stephens of the 164th, Smith of the 13th and Benton of the 31st: A BILL to be entitled an Act to amend Code Section 8-2-25 of the Official Code of Georgia Annotated, relating to state-wide application of minimum standard codes, so as to provide that the governing authority of any municipality or county in this state is authorized to exempt by ordinance or resolution compliance with the provisions contained in Section 17 of the International Building Code relating to earthquakes; provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1510. By Representative Fleming of the 117th: 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 authorize certain individuals to obtain patient records; to change certain provisions relating to furnishing a copy of records to patient, provider, or other 1690 JOURNAL OF THE HOUSE authorized person; to provide for compliance with the federal Health Insurance Portability and Accountability Act of 1996; to provide for a time period in which records shall be produced in response to a valid request; 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 1511. By Representative Scheid of the 22nd: A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for an exclusion from state income taxation with respect to certain unemployment compensation, to provide for conditions and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1512. By Representatives Mumford of the 95th and Holt of the 112th: A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to provide for the crime of unlawful conduct during 911 telephone calls; to provide for criminal penalties; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1513. By Representatives Benfield of the 85th, Oliver of the 83rd, Porter of the 143rd and Hugley of the 133rd: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 46 of the O.C.G.A., relating to investigations and hearings of the Public Service Commission, so as to prohibit communications between a member of the Public Service Commission or the commission's advisory staff and a party to a proceeding pending before the commission, the director of the consumers utility counsel division, a representative of a party to a proceeding pending before the commission, and public and elected officials; to provide that communications between members of the commission or members of the commission's advisory staff are not prohibited; to provide that communications between members of the commission or members of the commission's advisory staff and the director of the consumers utility counsel division on administrative matters are not prohibited; to provide for related THURSDAY, MARCH 2, 2006 1691 matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. HB 1514. By Representatives Mitchell of the 88th, Watson of the 91st, Stephenson of the 92nd, Mangham of the 94th, Sailor of the 93rd and others: A BILL to be entitled an Act to provide for the filling of vacancies in the office of sheriff of DeKalb County; to provide that the chief deputy shall discharge the duties of sheriff until such office is filled; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1515. By Representatives Lane of the 167th, Keen of the 179th and Hill of the 180th: A BILL to be entitled an Act to provide for the creation of a community improvement district in Glynn County; to provide for a short title; to provide for the purposes of said district; to provide for definitions; to provide for a board to administer said district; to provide for the appointment and election of members of said board; to provide for taxes, fees, and assessments; to provide for the boundaries of said district; to provide for debt of said district other than bonded indebtedness; to provide for cooperation with local governments; to provide for powers of said board; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 1608. By Representative Sims of the 169th: A RESOLUTION commemorating the achievements and sacrifice made by Lieutenant Rudolph McKinnon and renaming the Satilla River Bridge on Highway 135 West in Douglas, Georgia, the Lieutenant Rudolph McKinnon, USN, Memorial Bridge; and for other purposes. Referred to the Committee on Transportation. 1692 JOURNAL OF THE HOUSE HR 1609. By Representatives Dodson of the 75th, Barnes of the 78th, Davis of the 109th, Jordan of the 77th and Buckner of the 76th: A RESOLUTION dedicating a portion of Georgia Highway 138 in Henry County as the Lake Spivey Parkway; and for other purposes. Referred to the Committee on Transportation. HR 1634. By Representatives Scheid of the 22nd, Stephens of the 164th, Lane of the 158th, Porter of the 143rd and Coleman of the 144th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the governing authority of any county or municipality, subject to referendum approval, to exempt from ad valorem taxation, in whole or in part, inventories of retail furniture businesses; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. HR 1635. By Representatives Geisinger of the 48th, Lewis of the 15th, Burkhalter of the 50th, Murphy of the 23rd, Martin of the 47th and others: A RESOLUTION requesting the Southern States Energy Board to inventory and study the possibility of exploring for natural gas in the coastal areas of Georgia; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. HR 1636. By Representatives Geisinger of the 48th, Lewis of the 15th, Burkhalter of the 50th, Murphy of the 23rd, Martin of the 47th and others: A RESOLUTION urging Congress and the President to remove the moratorium on offshore oil and gas drilling; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. 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 1536. By Representatives Chambers of the 81st, Geisinger of the 48th and Wilkinson of the 52nd: THURSDAY, MARCH 2, 2006 1693 A BILL to be entitled an Act to amend Code Section 32-9-2 of the Official Code of Georgia Annotated, relating to financial assistance by the Department of Transportation to mass transportation systems, so as to provide that any mass transportation system whose primary goal is the movement of passengers on a fixed route bus or rail transit system, which system receives state financial assistance through any of the various means available to the State of Georgia to provide for same, shall provide free transfers between and among other transit agencies which connect to said systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Special Committee on MARTOC. HB 1542. By Representative Ralston of the 7th: 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 extend the date by which the licensing requirements imposed by the chapter become effective; to extend the date by which persons must meet and apply to be licensed without examination; to change provisions relating to licensure involving a reciprocal agreement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1546. By Representatives Lunsford of the 110th, Lewis of the 15th and Smith of the 113th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 12 of the O.C.G.A., relating to general provisions relative to the Department of Natural Resources, so as to provide that evaluations and reports of licensed soil scientists shall be accepted by the Department of Natural Resources for certain purposes; to define certain terms; to amend Code Section 31-3-5 of the O.C.G.A., relating to functions of county boards of health, so as to provide that evaluations and reports of licensed soil scientists shall be accepted by county boards of health for certain purposes; to provide for certifications of certain reports by licensed soil scientists and other persons qualified to conduct soil evaluations for on-site sewage management systems; to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to regulate the practice of soil science; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. 1694 JOURNAL OF THE HOUSE Referred to the Committee on Public Utilities & Telecommunications. HB 1547. By Representative Lunsford of the 110th: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as 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 repeal conflicting laws; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. HB 1549. By Representatives Manning of the 32nd and Watson of the 91st: 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 for the prequalification and licensing of individuals and companies to conduct or design hazardous site investigations, site assessments, feasibility studies, remedial programs, and corrective action plans and to carry out cleanup of hazardous sites; to define such persons as licensed environmental professionals and provide for their qualifications, licensure, and regulation; to define terms; to state findings and intent; to provide for a licensing and regulatory board and its membership, powers, duties, and operations; to provide for related functions and operations of the Department of Natural Resources and its Environmental Protection Division; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1550. By Representatives Manning of the 32nd and Watson of the 91st: A BILL to be entitled an Act to amend Chapter 8 of Title 12 of the O.C.G.A., relating to waste management, so as to change provisions relating to rehabilitation of brownfields property; to enact the "Georgia Brownfields Rescue, Redevelopment, Community Revitalization, and Environmental Justice Act"; to state legislative findings; to define terms; to encourage the voluntary rehabilitation of property with a presence or suspected presence of hazardous substances, pollutants, or contaminants; to authorize the limitation of liability of persons carrying out such rehabilitation under certain conditions and compliance with program standards; to provide for a Brownfields Program Section within the Environmental Protection Division of the Department of Natural Resources; to create the Brownfields THURSDAY, MARCH 2, 2006 1695 Interagency Task Force; to provide for rules and regulations; to create a Brownfields Revitalization Fund and provide sources of funding therefor; to provide for other related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1551. By Representatives Manning of the 32nd and Watson of the 91st: 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 change provisions relating to taxation of brownfields property which has been rehabilitated after a release of hazardous waste, hazardous constituents, or hazardous substances; to change provisions relating to preferential assessment of brownfields property for ad valorem tax purposes; to provide for an income tax credit with respect to certain expenses of rehabilitation of brownfields property; to provide for other related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1471 HB 1472 HB 1473 HB 1474 HB 1475 HB 1476 HB 1477 HB 1478 HB 1479 HB 1480 HB 1481 HB 1482 HB 1483 HB 1484 HB 1485 HB 1486 HB 1487 HB 1488 HB 1489 HB 1496 HB 1497 HB 1498 HB 1506 HB 1507 HB 1509 HR 1555 HR 1558 HR 1559 HR 1560 HR 1565 HR 1604 HR 1605 HR 1607 HR 1610 SB 376 SB 413 SB 419 SB 427 1696 JOURNAL OF THE HOUSE HB 1490 HB 1491 HB 1492 HB 1493 HB 1495 SB 454 SB 456 SB 522 SB 577 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: HR 1079 Do Pass, by Substitute 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 239 Do Pass, by Substitute HB 925 Do Pass Respectfully submitted, /s/ Fleming of the 117th Chairman Representative Coan of the 101st District, Chairman of the Committee on Industrial Relations, submitted the following report: Mr. Speaker: THURSDAY, MARCH 2, 2006 1697 Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1405 Do Pass Respectfully submitted, /s/ Coan of the 101st Chairman Representative Knox of the 24th District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1444 Do Pass Respectfully submitted, /s/ Knox of the 24th Chairman Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: Mr. Speaker: Your Committee on Judiciary Non-Civil has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 987 Do Pass HB 1320 Do Pass, by Substitute Respectfully submitted, /s/ Ralston of the 7th Chairman Representative Neal of the 1st District, Vice-Chairman of the Committee on Public Safety, submitted the following report: 1698 JOURNAL OF THE HOUSE Mr. Speaker: Your Committee on Public Safety has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1538 Do Pass Respectfully submitted, /s/ Neal of the 1st Vice-Chairman Representative Williams of the 4th District, Chairman of the Committee on Regulated Industries, submitted the following report: Mr. Speaker: Your Committee on Regulated Industries has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1385 Do Pass, by Substitute HB 1445 Do Pass, by Substitute Respectfully submitted, /s/ Williams of the 4th Chairman Representative Bridges of the 10th District, Chairman of the Committee on Retirement, submitted the following report: Mr. Speaker: Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 483 HB 582 HB 651 Do Pass Do Pass, by Substitute Do Pass Respectfully submitted, /s/ Bridges of the 10th Chairman THURSDAY, MARCH 2, 2006 1699 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 1285 Do Pass HR 1489 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 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 1412 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 168th 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 1449 Do Pass HB 1450 Do Pass HB 1457 Do Pass HB 1469 Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, MARCH 2, 2006 1700 JOURNAL OF THE HOUSE Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 26th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 801 HB 847 HB 1105 HB 1253 HB 1257 HB 1275 HB 1288 HB 1308 HB 1326 Physical therapists; licenses; eliminate certain requirement Juvenile proceedings; emancipation of minors by petition Contracting business; documentation of full-time engagement; provisions Drivers' licenses; certain provisions; clarify Insurance; certain change of address filings; exempt from fee Commercial driver's license; violation; provide for revocation Municipal court clerks; required training; provide Nursing homes; fees; change certain provisions State-wide Reserve Ratio; contribution rates; change certain provisions Modified Open Rule HB 1162 HB 1358 Department of Community Affairs; Section 8 housing fraud; require investigation Quality Basic Education Act; class size requirements; change provisions Modified Structured Rule None Structured Rule HB 1014 HB 1018 HB 1187 HB 1310 HB 1319 Sales and use tax; government contractor; automatic repeal date; extend Sales and use tax; biomass material; certain exemptions; provide Appraisal; county staff; change certain provisions Revenue and taxation; comprehensive revision of provisions; provide Georgia Environmental Facilities Authority; change certain provisions Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman THURSDAY, MARCH 2, 2006 1701 By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 1449. 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 change certain provisions regarding the compensation of the members of such board; to provide for the specific repeal of an amendatory Act thereto, an Act approved May 6, 2005 (Ga. L. 2005, p. 3969); 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 1450. By Representative Bridges of the 10th: A BILL to be entitled an Act to provide for a homestead exemption from City of Demorest ad valorem taxes for municipal purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that city 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. HB 1457. By Representatives Cox of the 102nd, Casas of the 103rd, Everson of the 106th, Rice of the 51st, Floyd of the 99th and others: A BILL to be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, so as to change the terms of 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 1469. By Representative Sims of the 169th: 1702 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend an Act creating a new charter for the City of Willacoochee, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3039), as amended, so as to authorize the mayor and aldermen to impose a gross receipts tax; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Barnes Y Bearden Beasley-Teague 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 Cooper Y Cox Y Crawford Y Cummings Davis E Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart England Y Epps Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger Golick Y Graves, D Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Maddox Mangham Y Manning Y Marin Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Mills Mitchell Y Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver O'Neal E Orrock Parham Y Parrish Y 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 Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre 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 Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker THURSDAY, MARCH 2, 2006 1703 On the passage of the Bills, the ayes were 137, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representatives England of the 108th, Lewis of the 15th, and Maddox of the 172nd 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. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 370. By Senators Goggans of the 7th, Kemp of the 46th, Bulloch of the 11th, Tolleson of the 20th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting agriculture in Georgia; to provide for issuance, renewal, fees, licensing agreements, applications, donation of revenue, and transfers relative to such special license plates; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. SB 423. By Senators Unterman of the 45th, Mullis of the 53rd and Thomas of the 54th: A BILL to be entitled an Act to amend Chapter 44 of Title 31 of the Official Code of Georgia Annotated, relating to renal disease facilities, so as to provide a short title; to revise a definition for purposes of conformity; to revise certain provisions relating to the adoption of rules relative to end stage renal disease facilities and personnel thereof; to revise certain provisions relating to minimum standards for curricula, instructors, and training dialysis and reuse technicians; 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 30A regulating patient care dialysis technicians; to provide for definitions; to provide for licensing requirements for patient care dialysis technicians; to provide for the renewal and reinstatement of licenses; to provide for powers of the Georgia Board of Nursing relating to the regulation 1704 JOURNAL OF THE HOUSE of patient care dialysis technicians; to provide for authorized activities of patient care dialysis technicians; to provide for delegation of dialysis care by a registered professional nurse to a patient care dialysis technician; to provide for the use of titles and other indications of licensure; to provide for applications under oath; to provide for the creation, composition, and duties of the Patient Care Dialysis Technician Advisory Council; to provide for disciplinary actions; to provide for violations; to provide for actions to enjoin; to provide for administrative procedures; to revise certain provisions relating to the nonapplicability of Code Section 43-34-177 for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 484. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to declare the City of Colquitt as Georgia's First Mural City; and for other purposes. SB 504. By Senator Balfour of the 9th: A BILL to be entitled an Act to amend Code Section 50-16-38 of the Official Code of Georgia Annotated, relating to acquisition of state property through the State Properties Commission, so as to provide that certain state entities shall sell and make long-term leases of property through the State Properties Commission; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 515. By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Starr of the 44th and Thomas of the 54th: A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs under the "Quality Basic Education Act," so as to expand the grades of eligibility for the remedial education program; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 535. By Senators Hamrick of the 30th, Miles of the 43rd, Hudgens of the 47th, Bulloch of the 11th and Seabaugh of the 28th: 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 define terms; to require registration with the Governor's Office of THURSDAY, MARCH 2, 2006 1705 Consumer Affairs; to provide for notification of repossession of a motor vehicle; to provide for redemption of the motor vehicle; to provide for a commercially reasonable sale; to provide for a return of surplus from the sale to the pledgor; to require a mandatory principal payment in certain situations; to provide for additional disclosures on motor vehicle title pawn tickets; to provide procedures for military members and their spouses; to provide for related matters; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 589. By Senators Staton of the 18th and Grant of the 25th: A BILL to be entitled an Act to amend an Act creating a Board of Education of Jones County, approved March 21, 1984 (Ga. L. 1984, p. 4459), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3836), so as to provide for the election of members of the Board of Education of Jones County in nonpartisan elections; 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 1107. By Representatives Roberts of the 154th, Golick of the 34th, Smith of the 129th, Maddox of the 172nd, Smith of the 70th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to qualified donations of real property for conservation purposes; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for authority of the state revenue commissioner and the Department of Natural Resources with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 1124. By Representatives England of the 108th and Benton of the 31st: A BILL to be entitled an Act to provide an additional homestead exemption from Barrow County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of the homestead after a four-year phase-in period for residents of that school district who are 62 years of age or over and whose federal total income does not exceed certain federally specified poverty guidelines; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to 1706 JOURNAL OF THE HOUSE provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1334. By Representatives Heard of the 114th, Kidd of the 115th and Smith of the 113th: A BILL to be entitled an Act to authorize Athens-Clarke 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 Senate has passed, by substitute, by the requisite constitutional majority, the following bill of the House: HB 1321. By Representatives Burkhalter of the 50th, Rice of the 51st, Willard of the 49th and Jones of the 46th: A BILL to be entitled an Act to incorporate the City of Johns Creek in Fulton County, Georgia; to provide a charter for the City of Johns Creek; 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 provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to 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 370. By Senators Goggans of the 7th, Kemp of the 46th, Bulloch of the 11th, Tolleson of the 20th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting agriculture in Georgia; to provide for issuance, renewal, fees, licensing agreements, applications, donation of revenue, and transfers relative to such special license plates; to provide for THURSDAY, MARCH 2, 2006 1707 related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. SB 423. By Senators Unterman of the 45th, Mullis of the 53rd and Thomas of the 54th: A BILL to be entitled an Act to amend Chapter 44 of Title 31 of the Official Code of Georgia Annotated, relating to renal disease facilities, so as to provide a short title; to revise a definition for purposes of conformity; to revise certain provisions relating to the adoption of rules relative to end stage renal disease facilities and personnel thereof; to revise certain provisions relating to minimum standards for curricula, instructors, and training dialysis and reuse technicians; 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 30A regulating patient care dialysis technicians; to provide for definitions; to provide for licensing requirements for patient care dialysis technicians; to provide for the renewal and reinstatement of licenses; to provide for powers of the Georgia Board of Nursing relating to the regulation of patient care dialysis technicians; to provide for authorized activities of patient care dialysis technicians; to provide for delegation of dialysis care by a registered professional nurse to a patient care dialysis technician; to provide for the use of titles and other indications of licensure; to provide for applications under oath; to provide for the creation, composition, and duties of the Patient Care Dialysis Technician Advisory Council; to provide for disciplinary actions; to provide for violations; to provide for actions to enjoin; to provide for administrative procedures; to revise certain provisions relating to the nonapplicability of Code Section 43-34-177 for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. SB 484. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to declare the City of Colquitt as Georgia's First Mural City; and for other purposes. Referred to the Committee on Special Rules. 1708 JOURNAL OF THE HOUSE SB 504. By Senator Balfour of the 9th: A BILL to be entitled an Act to amend Code Section 50-16-38 of the Official Code of Georgia Annotated, relating to acquisition of state property through the State Properties Commission, so as to provide that certain state entities shall sell and make long-term leases of property through the State Properties Commission; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. SB 515. By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Starr of the 44th and Thomas of the 54th: A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs under the "Quality Basic Education Act," so as to expand the grades of eligibility for the remedial education program; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. SB 535. By Senators Hamrick of the 30th, Miles of the 43rd, Hudgens of the 47th, Bulloch of the 11th and Seabaugh of the 28th: 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 define terms; to require registration with the Governor's Office of Consumer Affairs; to provide for notification of repossession of a motor vehicle; to provide for redemption of the motor vehicle; to provide for a commercially reasonable sale; to provide for a return of surplus from the sale to the pledgor; to require a mandatory principal payment in certain situations; to provide for additional disclosures on motor vehicle title pawn tickets; to provide procedures for military members and their spouses; to provide for related matters; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. SB 589. By Senators Staton of the 18th and Grant of the 25th: A BILL to be entitled an Act to amend an Act creating a Board of Education of Jones County, approved March 21, 1984 (Ga. L. 1984, p. 4459), as THURSDAY, MARCH 2, 2006 1709 amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3836), so as to provide for the election of members of the Board of Education of Jones County 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. The Speaker Pro Tem assumed the Chair. The following members were recognized during the period of Morning Orders and addressed the House: Williams of the 165th and Lunsford of the 110th. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1285. By Representatives Ray of the 136th and James of the 135th: A RESOLUTION commending the Peach County High School Trojans football team for winning the Class AAA state football championship and inviting them to appear before the House of Representatives; and for other purposes. HR 1489. By Representatives Rynders of the 152nd, Dukes of the 150th and Sims of the 151st: A RESOLUTION congratulating Miss Alexa Turpin on winning the 2006 Miss Georgia Teen America Pageant and inviting her to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 801. By Representatives McCall of the 30th, Richardson of the 19th and Tumlin of the 38th: A BILL to be entitled an Act to amend Code Section 43-33-18 of the Official Code of Georgia Annotated, relating to refusal to grant or restore licenses of physical therapists, discipline of licensees, and suspension, revocation, or restriction of licenses, so as to eliminate a requirement for consultation with appropriate licensed practitioners of the healing arts; to repeal conflicting laws; and for other purposes. 1710 JOURNAL OF THE HOUSE The following Committee substitute was read and adopted: A BILL To amend Code Section 43-33-18 of the Official Code of Georgia Annotated, relating to refusal to grant or restore licenses of physical therapists, discipline of licensees, and suspension, revocation, or restriction of licenses, so as to provide for limited circumstances in which physical therapists may provide services without referrals from appropriate licensed practitioners of the healing arts; to provide for circumstances in which physical therapists may treat patients for injuries or conditions that were the subject of prior referrals by appropriate licensed practitioners of the healing arts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 43-33-18 of the Official Code of Georgia Annotated, relating to refusal to grant or restore licenses of physical therapists, discipline of licensees, and suspension, revocation, or restriction of licenses, is amended in subsection (a) by striking the introductory language and paragraph (1) and inserting in lieu thereof the following: "(a) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist or physical therapist assistant licensed under this chapter or any antecedent law upon a finding by the board that the licensee or applicant has: (1)(A) Implemented or continued a program of physical therapy treatment without consultation with an appropriate licensed practitioner of the healing arts, or in; except that a physical therapist may implement a program of physical therapy treatment without consultation with an appropriately licensed practitioner of the healing arts when: (i) Services are provided for the purpose of fitness, wellness, or prevention that is not related to the treatment of an injury or ailment; or (ii)(I) The patient was previously diagnosed and received treatment or services for that diagnosis and the patient returns to physical therapy within 60 days of discharge from physical therapy for problems and symptoms that are related to the initial referral to the physical therapist. In such a situation the physical therapist shall notify the original referral source of the return to physical therapy within five business days; and (II) The physical therapist holds a master or doctorate degree from a professional physical therapy program that is accredited by a national accreditation agency recognized by the United States Department of Education and approved by the Georgia State Board of Physical Therapy or the physical therapist has completed at least two years of practical experience as a licensed physical therapist. THURSDAY, MARCH 2, 2006 1711 If after 90 days of initiating physical therapy services the physical therapist determines that no substantial progress has been made with respect to the primary complaints of the patient, the physical therapist shall refer the patient to an appropriately licensed practitioner of the healing arts. If at any time the physical therapist has reason to believe that the patient has symptoms or conditions that require treatment or services beyond the scope of practice of the physical therapist, the physical therapist shall refer the patient to an appropriately licensed practitioner of the healing arts; or (B) In the case of practice as a physical therapist assistant, practiced other than under the supervision and direction of a licensed physical therapist;" 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 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 Y Burmeister Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Crawford Y Cummings Davis E Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley 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 Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal E Orrock Y Parham Y Parrish Y Parsons Y Porter Powell Y Ralston Y Randall Ray Y Reece, B Y Reece, S Sailor Y Scheid Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre 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 1712 JOURNAL OF THE HOUSE Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 149, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Burns of the 157th, Cooper of the 41st, Mitchell of the 88th, Scott of the 153rd, Stanley-Turner of the 53rd, and Thomas of the 55th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1018. By Representatives Lewis of the 15th, O`Neal of the 146th, Greene of the 149th, Royal of the 171st, Hanner of the 148th and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption regarding the sale or use of biomass material utilized in the production of electrical power or the coproduction or cogeneration of electrical and steam power which is subsequently sold; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption regarding the sale or use of biomass material utilized in the production of electrical power or the coproduction or cogeneration of electrical and steam power which is subsequently sold; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by striking "or" at the end of paragraph (81); by striking the period at the end of paragraph (82) and inserting in it place "; or"; and by THURSDAY, MARCH 2, 2006 1713 adding a new paragraph immediately following paragraph (82), to be designated paragraph (83), to read as follows: "(83)(A) The sale or use of biomass material, including pellets or other fuels derived from compressed, chipped, or shredded biomass material, utilized in the production of energy, including without limitation the production of electricity, steam, or the production of electricity and steam, which is subsequently sold. (B) As used in this paragraph, the term 'biomass material' means organic matter, excluding fossil fuels, including agricultural crops, plants, trees, wood, wood wastes and residues, sawmill waste, sawdust, wood chips, bark chips, and forest thinning, harvesting, or clearing residues; wood waste from pallets or other wood demolition debris; peanut shells; pecan shells; cotton plants; corn stalks; and plant matter, including aquatic plants, grasses, stalks, vegetation, and residues, including hulls, shells, or cellulose containing fibers." SECTION 2. This Act shall become effective on July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. 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 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 Crawford Y Cummings Y Davis E Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Epps Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal E Orrock Y Parham Y Parrish Sailor Y Scheid Y Scott, A Y Scott, M Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet 1714 JOURNAL OF THE HOUSE Y Burns Y Butler Y Byrd Y Carter E Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman, B Coleman, T Cooper Y Cox Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox Mangham Y Manning Y Marin Y Parsons Y Porter Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 153, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Cole of the 125th, Stanley-Turner of the 53rd, and Thomas of the 55th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Representative Lewis of the 15th District, Chairman of the Committee on Public Utilities and Telecommunications, submitted the following report: Mr. Speaker: Your Committee on Public Utilities and Telecommunications has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1365 Do Pass Respectfully submitted, /s/ Lewis of the 15th Chairman Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1162. By Representatives Fleming of the 117th, Ralston of the 7th, Everson of the 106th, Knox of the 24th and Setzler of the 35th: THURSDAY, MARCH 2, 2006 1715 A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Community Affairs, so as to require the Department of Community Affairs to investigate and refer for prosecution cases of Section 8 housing fraud and abuse; to provide for administrative and civil remedies; to provide for pretrial diversion under certain circumstances for persons accused of Section 8 fraud or abuse; 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 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Community Affairs, so as to require the Department of Community Affairs to investigate and refer for prosecution cases of Section 8 housing fraud and abuse; to provide for administrative and civil remedies; to provide for pretrial diversion under certain circumstances for persons accused of Section 8 fraud or abuse; 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 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Community Affairs, is amended by adding a new Code Section 50-8-3.1 to read as follows: "50-8-3.1. (a) The department shall have the power and duty to investigate fraud and abuse in the federal Section 8 Housing Choice Voucher Program administered by the department pursuant to 42 U.S.C. Section 1437, et seq. (b) When cases of criminal fraud or abuse are discovered or detected, the department shall refer such cases where warranted to the district attorney of the county in which the fraud or abuse occurred for prosecution. Such cases shall be prosecuted as violations of Code Section 16-8-3, relating to theft by deception; Code Section 16-10-20, relating to making false statements or writings; Code Section 16-10-71, relating to false swearing; or any other such criminal provision as the district attorney may deem appropriate under the facts and circumstances of the case. (c) When a case of fraud or abuse is discovered or detected that is not criminal in nature or when a prosecutor declines to prosecute a case referred by the department under this Code section, the department shall have the authority to settle such case on such terms and conditions as the department finds suitable under the facts and 1716 JOURNAL OF THE HOUSE circumstances of the case. In addition, the department shall be authorized to initiate and prosecute civil actions to recoup overpayments or improper payments. The department shall also have the authority to settle such civil cases on such terms and conditions as the department finds suitable under the facts and circumstances of the cases. (d)(1) Prior to the filing of an accusation or the return of an indictment alleging fraud or abuse in the federal Section 8 Housing Choice Voucher Program administered by the department, a prosecuting attorney may defer further prosecution of such accusation or indictment and shall have the authority to enter into a consent agreement with the individual in which such individual admits to any overpayment, consents to disqualification for such period of time as is or may hereafter be provided by law or by the rules and regulations of the department, and agrees to repay, as restitution, such overpayment. Such agreement may provide for a lump sum repayment, installment payments, formula reduction of benefits, or any combination thereof. Such agreement shall toll the running of the statute of limitations for such offense for the period of the agreement. Prior to entering into such consent agreement with an individual, the prosecuting attorney or his or her designee shall advise such person that he or she may consult with an attorney prior to signing such consent agreement. If the individual so requests, he or she shall be afforded a reasonable amount of time, not to exceed 15 days, to engage or consult an attorney. A consent agreement entered into in accordance with this subsection shall not constitute a criminal charge. (2) Any such agreement shall be filed in the criminal docket of the court having jurisdiction over the violation without the necessity of the state filing an accusation or an indictment being returned by a grand jury. The clerk shall enter upon the docket 'CONSENT AGREEMENT NOT A CRIMINAL CHARGE.' (3) Upon successful completion of the terms and conditions of the consent agreement, criminal prosecution of the individual for such offense shall be barred; provided, however, that nothing in this paragraph shall prohibit the state from introducing evidence of such offense as a similar transaction in any subsequent prosecution or for the purpose of impeachment. The successful completion of the terms and conditions of the agreement shall not be considered a criminal conviction. (4) If the individual fails to comply with the terms of such consent agreement, the state may proceed with a criminal prosecution." 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. THURSDAY, MARCH 2, 2006 1717 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 E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Y Borders Bridges N Brooks Y Brown Bruce N Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner N Dukes Ehrhart Y England N Epps Y Everson 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 Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E Y Hudson N Hugley 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 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 Mangham Y Manning Y Marin Y Martin Y Maxwell Y May McCall E McClinton Y Meadows E Millar Y Mills Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal Y Oliver Y O'Neal E Orrock Y Parham Y Parrish Y Parsons Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor 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 Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 130, nays 24. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Stanley-Turner of the 53rd and Thomas of the 55th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. 1718 JOURNAL OF THE HOUSE The Speaker assumed the Chair. HB 1275. By Representatives Smith of the 129th, Floyd of the 147th, Rynders of the 152nd, Graves of the 12th and Channell of the 116th: 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 for the revocation of a commercial driver's license upon violation of Code Sections 16-8-2 through 16-8-9; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the revocation of a commercial driver's license upon violation of Code Sections 16-8-2 through 16-8-9; to amend Code Section 40-5-151 of the Official Code of Georgia Annotated, relating to disqualification from driving, so as to disqualify certain commercial driver's license holders upon conviction of certain offenses; 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 striking paragraph (8) of subsection (a) of Code Section 16-8-12, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, and inserting in its place a new paragraph (8) to read as follows: "(8) If the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, by imprisonment for not less than three years nor more than ten years, a fine not less than $5,000.00 nor more than $50,000.00, and, if applicable, the revocation of the defendant's commercial driver's license in accordance with Code Section 40-5-151, or both such fine and imprisonment any combination of such penalties. For purposes of this paragraph, the term 'vehicle' includes without limitation any railcar." SECTION 2. Code Section 40-5-151 of the Official Code of Georgia Annotated, relating to disqualification from driving, is amended by striking subsection (a) and inserting in lieu thereof the following: THURSDAY, MARCH 2, 2006 1719 "(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) Code Sections 16-8-2 through 16-8-9, if the property that was the subject of the theft was a vehicle engaged in commercial transportation as set forth in paragraph (8) of subsection (a) of Code Section 16-8-12; or (2) For refusal to submit to a test as prescribed in Code Section 40-5-55 to determine the driver's alcohol concentration while driving a commercial motor vehicle or a noncommercial motor vehicle." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Crawford Y Cummings Y Davis E Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner N Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Floyd, J Y Fludd Y Forster Y Franklin Freeman Y Hill, C.A N Holmes Y Holt Y Horne Houston Y Howard, E Y Hudson Y Hugley N 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 N Kidd Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell N Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal E Orrock Y Parham 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 Y Stephenson Y Talton 1720 JOURNAL OF THE HOUSE Y Burmeister Y Burns Y Butler Y Byrd Y Carter E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree Henson Y Hill, C 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 Y Marin Y Parrish Y Parsons Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 143, nays 13. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Stanley-Turner of the 53rd and Thomas of the 55th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1288. By Representatives Ralston of the 7th, Fleming of the 117th, Hatfield of the 177th, Cox of the 102nd and Everson of the 106th: A BILL to be entitled an Act to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to provide for required training of municipal court clerks; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Crawford Y Cummings Y Davis E Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Sheldon Y Sims, C Y Sims, F Y Sinkfield THURSDAY, MARCH 2, 2006 1721 Y Black 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 E Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Y Ehrhart Y England Y Epps Y Everson 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 Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C 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 Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver O'Neal E 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 Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed. 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. HB 1319. By Representatives Smith of the 70th, Knight of the 126th, Golick of the 34th, Rogers of the 26th and McCall of the 30th: A BILL to be entitled an Act to amend Chapter 23 of Title 50 of the O.C.G.A., relating to the Georgia Environmental Facilities Authority, so as to change certain provisions relating to definitions relative to said article; to change certain provisions relating to purpose, powers, and duties of the authority; to change certain provisions relating to loans to local governments and repayment thereof; to change certain provisions relating to lease agreements; to change certain provisions relating to review of contracts and agreements with local governments by the Environmental Protection Division of the Department of Natural Resources; to repeal certain provisions relating to transfer of employees of the former Office of Energy Resources; 1722 JOURNAL OF THE HOUSE to change certain provisions relating to transfer of assets, funds, property, contracts, programs, obligations, and interests of the former Office of Energy Resources; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden 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 E 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 E Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Houston Y Howard, E 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 Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 E 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 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 Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed. THURSDAY, MARCH 2, 2006 1723 Representatives Houston of the 170th and Thomas of the 55th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has agreed to the House substitute to the following bill of the Senate: SB 138. By Senators Stoner of the 6th, Rogers of the 21st, Hill of the 32nd and Wiles of the 37th: A BILL to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4121), so as to change the membership, vacancy, and quorum provisions regarding the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time: HB 1358. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Jones of the 46th, Benton of the 31st and others: A BILL to be entitled an Act to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights, maximum class size, and reporting requirements under the "Quality Basic Education Act," so as to change certain provisions relating to maximum class size requirements; to provide for legislative intent; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. By unanimous consent, further action on HB 1358 was suspended until later in the legislative day. The Speaker announced the House in recess until 1:30 o'clock this afternoon. 1724 JOURNAL OF THE HOUSE AFTERNOON SESSION The Speaker called the House to order. Representative Smith of the 70th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report: Mr. Speaker: Your Committee on Natural Resources and Environment has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1551 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 70th Chairman The following Resolutions of the House were read: HR 1638. By Representative Teilhet of the 40th: A RESOLUTION commending Colonel James Ron Davis on being named Mr. Cobb County 2006; and for other purposes. HR 1639. By Representatives Borders of the 175th, Shaw of the 176th and Black of the 174th: A RESOLUTION commending Mr. Buford W. McRae; and for other purposes. HR 1640. By Representative Benton of the 31st: A RESOLUTION commemorating and recognizing the career in education of Anderson S. Byers; and for other purposes. HR 1641. By Representative Smith of the 113th: A RESOLUTION commending and recognizing John McNally; and for other purposes. THURSDAY, MARCH 2, 2006 1725 HR 1642. By Representative Chambers of the 81st: A RESOLUTION commending Angel Flight of Georgia; and for other purposes. HR 1643. By Representative Chambers of the 81st: A RESOLUTION commending Senior Connections; and for other purposes. HR 1644. By Representative Chambers of the 81st: A RESOLUTION commending the Elaine Clark Center; and for other purposes. HR 1645. By Representative Chambers of the 81st: A RESOLUTION commending the Salvation Army Hispanic Corps; and for other purposes. HR 1646. By Representative Chambers of the 81st: A RESOLUTION commending Interfaith Outreach Home; and for other purposes. HR 1647. By Representatives Holmes of the 61st, Ashe of the 56th, Dean of the 59th, Sinkfield of the 60th, Heckstall of the 62nd and others: A RESOLUTION commending Atlanta Technical College on its recent accreditation by the Commission on Colleges of the Southern Association of Colleges and Schools; and for other purposes. HR 1648. By Representative James of the 135th: A RESOLUTION remembering and honoring the life of Mrs. Martha Carmichael Patrick; and for other purposes. HR 1649. By Representatives Drenner of the 86th, Gardner of the 57th and Ashe of the 56th: A RESOLUTION commending Mr. M. Bryan Freeman; and for other purposes. 1726 JOURNAL OF THE HOUSE HR 1650. By Representatives Tumlin of the 38th, Golick of the 34th, Manning of the 32nd, Setzler of the 35th, Ehrhart of the 36th and others: A RESOLUTION commending Dr. Daniel S. Papp, newly appointed president of Kennesaw State University; and for other purposes. HR 1651. By Representatives Smith of the 113th, Heard of the 114th and Kidd of the 115th: A RESOLUTION commending Mr. Henry M. Huckaby on his public service and congratulating him on the occasion of his retirement; and for other purposes. HR 1652. By Representatives Drenner of the 86th, Benfield of the 85th and Henson of the 87th: A RESOLUTION commemorating the 35th anniversary of the founding of the DeKalb County Community Human Relations Commission; and for other purposes. HR 1653. By Representative Greene of the 149th: A RESOLUTION congratulating Coach Mike Williams on reaching his 400th win; and for other purposes. HR 1654. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, Dukes of the 150th, Epps of the 128th and Stanley-Turner of the 53rd: A RESOLUTION remembering and honoring the life of Mr. Robert E. Butler; and for other purposes. HR 1655. By Representatives Smith of the 113th, Fleming of the 117th, Burkhalter of the 50th, Dollar of the 45th, Heard of the 114th and others: A RESOLUTION commemorating and recognizing the Uga line of mascots from the University of Georgia; and for other purposes. HR 1656. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, Dukes of the 150th, Epps of the 128th and Stanley-Turner of the 53rd: A RESOLUTION remembering and honoring the life of Mrs. Nellie G. Butler; and for other purposes. THURSDAY, MARCH 2, 2006 1727 HR 1657. By Representative Porter of the 143rd: A RESOLUTION commending the West Laurens High School Raiders Wrestling Team for winning the 2005-2006 Georgia High School Association Class AA Traditional Wrestling State Championship; 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 Barnard Y Barnes Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Brooks Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Burmeister Burns Butler Byrd Y Carter Y Casas Y Chambers Channell Y Cheokas Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Crawford Cummings Davis E Day Dean Y Dickson Y Dodson Dollar Drenner Dukes Ehrhart Y England Epps Y Everson Y Fleming Floyd, H Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Heard, K Heckstall Y Hembree Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Hudson Hugley Jackson Y Jacobs Y James Y Jamieson Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Kidd Y Knight Y Knox Lakly Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Lucas Lunsford Y Maddox Mangham Y Manning Marin Martin Y Maxwell Y May McCall E McClinton Y Meadows E Millar Mills Mitchell Y Morgan Morris Mosby Y Mosley Mumford Y Murphy, J Murphy, Q Neal Y Oliver O'Neal E Orrock Y Parham Y Parrish Parsons Y Porter Y Powell Y Ralston Randall Ray Y Reece, B Reece, S Y Reese Y Rice Y Roberts Y Rogers Royal Rynders Sailor Y Scheid Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Sims, C Y Sims, F Y Sinkfield Smith, B Y Smith, L Smith, P Y Smith, R Smith, T Y Smith, V Smyre Stanley-Turner Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Williams, A Williams, E Y Williams, R Y Wix Yates Richardson, Speaker On the adoption of the Resolutions, the ayes were 95, nays 0. The Resolutions were adopted. 1728 JOURNAL OF THE HOUSE Representatives Burns of the 157th and Jenkins of the 8th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Due to a mechanical malfunction, the vote of Representative Kidd of the 115th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon. Under the general order of business, established by the Committee on Rules, the following Bill of the House, having previously been read, was again taken up for consideration: HB 1358. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Jones of the 46th, Benton of the 31st and others: A BILL to be entitled an Act to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights, maximum class size, and reporting requirements under the "Quality Basic Education Act," so as to change certain provisions relating to maximum class size requirements; to provide for legislative intent; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Pursuant to Rule 133, Representative Heard of the 104th was excused from voting on HB 1358. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Crawford Y Cummings N Davis E Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal 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 Smyre THURSDAY, MARCH 2, 2006 1729 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 Y Cooper Y Cox 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 Heard, J Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Oliver Y O'Neal E Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 160, nays 4. The Bill, having received the requisite constitutional majority, was passed. Due to a mechanical malfunction, the votes of Representatives Murphy of the 23rd, Lunsford of the 110th, and Smyre of the 132nd were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon. Representatives Cheokas of the 134th and Sims of the 169th 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 1321. By Representatives Burkhalter of the 50th, Rice of the 51st, Willard of the 49th and Jones of the 46th: A BILL to be entitled an Act to incorporate the City of Johns Creek in Fulton County, Georgia; to provide a charter for the City of Johns Creek; 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 provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide 1730 JOURNAL OF THE HOUSE for the offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To incorporate the City of Johns Creek in Fulton County, Georgia; to provide a charter for the City of Johns Creek; 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 provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city tax collector, a city accountant, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for 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 provide for a referendum; to provide effective dates; to provide for transition of powers and duties; to provide for directory nature of dates; to provide for a charter commission; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Incorporation. The City of Johns Creek in Fulton County is incorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the "City of Johns Creek." References in this charter to "the city" or "this city" refer to the City of Johns Creek. The city shall have perpetual existence. SECTION 1.11. Corporate boundaries. THURSDAY, MARCH 2, 2006 1731 (a) The incorporated area of this city shall include all of that portion of Fulton County as set forth and described in Appendix A of this charter, which appendix is incorporated herein by reference, subject to ratification by the voters at a referendum as provided in Section 7.14 of this Act. (b) The incorporated area of this city may also include all of that portion of Fulton County as set forth and described in Appendix B of this charter, which appendix is incorporated herein by reference, subject to ratification by the voters at a referendum as provided in Section 7.14 of this Act. (c) After the original incorporation of this city, the boundaries of this city shall be subject to such alterations as may be made thereafter from time to time by local law or in the manner provided by general state law. As used in this charter, the term "territory" means the area of the city as described in this section. 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 Johns Creek, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. SECTION 1.12. Municipal powers. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of selfgovernment not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized 1732 JOURNAL OF THE HOUSE by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm water and establishment of a storm-water utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (10) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal elected officials, appointed officials, and employees, establishing procedures for handling ethics complaints, and setting forth penalties for violations of such rules and procedures; (11) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (12) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; THURSDAY, MARCH 2, 2006 1733 (13) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (14) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (15) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (16) Homestead exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city as authorized by Act of the General Assembly; (17) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and 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; (18) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (19) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (20) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (21) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (22) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (23) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; 1734 JOURNAL OF THE HOUSE (24) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (25) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (26) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency; (28) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (29) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (30) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (31) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (32) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (33) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (34) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (35) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, THURSDAY, MARCH 2, 2006 1735 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; (36) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (37) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, adult entertainment, and massage parlors; (38) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (39) Taxes (ad valorem). To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that: (A) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified voters of the city; provided, however, that for the purposes of compliance with Code Section 48-8-91 of the O.C.G.A., the millage rate may be adjusted upward for the sole purpose of complying with the millage rate rollback provisions set forth therein; (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of Fulton County, as provided in Code Section 48-5-352 of the O.C.G.A.; and (C) For all years, the billing date or dates and due date or dates for municipal ad valorem taxes shall be the same as for Fulton County ad valorem taxes; (40) Taxes (other). To levy and collect such other taxes as may be allowed now or in the future by law; 1736 JOURNAL OF THE HOUSE (41) 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; (42) Urban redevelopment. To organize and operate an urban redevelopment program; and (43) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary 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 six councilmembers who shall be elected to Posts 1 through 6. Each person desiring to offer as a candidate for councilmember shall designate the council post for which he or she is offering. (b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified, except as otherwise provided in subsection (d) of Section 2.11 of this charter. No person shall be eligible to serve as mayor or councilmember unless that person is at least 21 years of age and shall have been a resident of the territory for 12 months immediately preceding his or her election; and each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's THURSDAY, MARCH 2, 2006 1737 name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that such person desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember and in the case of a candidate for councilmember designates the post for which he or she is a candidate. No person shall be eligible for the office of mayor or councilmember unless such person shall file said notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." 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 territory or of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections, including without limitation the special election of 2006 to elect the first mayor and council, shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Election Code." (c) All elections for the mayor and all councilmembers shall be at-large by the voters of the entire city. (d) The first election for mayor and councilmembers shall be a special election held in 2006 on the date specified in subsection (e) of this section. At said election, the mayor and councilmembers elected to Council Posts 1, 3, and 5 shall be elected for initial terms of office beginning immediately after their election and expiring on December 31, 2009. The councilmembers elected to Council Posts 2, 4, and 6 shall be elected for initial terms of office beginning immediately after their election and expiring on December 31, 2007. Thereafter, at the elections provided for by subsection (e) of this section, their successors shall be elected for terms of four years. All members shall serve until their successors are elected and qualified. (e) A special election shall be held on the Tuesday after the first Monday in November, 2006, to elect the first mayor and council as provided in subsection (d) of this section. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in said subsection (d) of this section. Thereafter, the time for holding regular municipal elections shall be on the Tuesday next following the first Monday in November of each odd-numbered year beginning in 2007. The successors to the first mayor and councilmembers and future successors shall be elected at the municipal election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (f) All municipal elections shall be nonpartisan and without primaries. 1738 JOURNAL OF THE HOUSE SECTION 2.12. Vacancies in office. (a)(1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (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. Election by majority vote. The candidate receiving a majority of the votes cast for any city office shall be elected. SECTION 2.14. Compensation and expenses. The annual salary of the mayor shall be $25,000.00 and the annual salary for each councilmember shall be $15,000.00. Such salary shall be paid from municipal funds in monthly installments. The city council may provide by ordinance for the provision of insurance, retirement, workers compensation, and other employee benefits to the mayor and members of the city council and may provide by ordinance for the reimbursement of expenses actually and necessarily incurred by the mayor and members of the city council in carrying out their official duties. SECTION 2.15. Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official THURSDAY, MARCH 2, 2006 1739 duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act. 1740 JOURNAL OF THE HOUSE SECTION 2.16. Removal of officers. (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.15 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of five councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Fulton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Fulton County following a hearing on a complaint seeking such removal brought by any resident of the City of Johns Creek. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES SECTION 3.10. General power and authority. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. SECTION 3.11. Organization. (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk or the mayor-elect if the office of clerk is vacant. The city clerk or any judge shall administer the oaths required by Chapter 3 of Title 45 of the O.C.G.A. and the following oath: THURSDAY, MARCH 2, 2006 1741 "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 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. SECTION 3.12. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. SECTION 3.13. Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance and shall hold at least one regular meeting each month. (b) Special meetings of the city council may be held on call of the mayor or four members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. SECTION 3.14. Procedures. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor. 1742 JOURNAL OF THE HOUSE SECTION 3.15. Voting. (a) Except as otherwise provided in subsection (c) of this section, four councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. For voting and quorum purposes, the mayor shall be counted as one of the councilmembers. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. No councilmember shall abstain from voting except in the case of a conflict of interest or if absent when a motion being voted upon was made. The councilmember shall provide a specific explanation of the conflict, and the explanation shall be recorded in the journal. (b) Except as otherwise provided in this charter, the affirmative vote of a majority of the councilmembers present shall be required for the adoption of any ordinance, resolution, or motion. (c) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. SECTION 3.16. Ordinances. (a) 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 Johns Creek hereby ordains..." and every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or 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 3.18 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. SECTION 3.17. Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance. THURSDAY, MARCH 2, 2006 1743 SECTION 3.18. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of a majority of the councilmembers present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. SECTION 3.19. Codes. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. SECTION 3.20. Codification of ordinances. (a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together 1744 JOURNAL OF THE HOUSE 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 Johns Creek, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 3.21. Submission of ordinances to the mayor. (a) Every ordinance, resolution, and other action adopted by the council shall be presented promptly to the mayor for signature. Except for council approval of appointments to committees, boards, and commissions, the employment of any appointed officer, internal affairs, or matters which must be approved by the voters, the mayor may veto any action adopted by the city council. (b) The veto must be exercised no later than the next regular city council meeting following the meeting at which the action was taken. If an action is disapproved, the mayor shall submit to the council a written statement of the reasons for the mayor's veto. (c) An action vetoed by the mayor shall automatically be on the agenda at the next regular meeting of the city council for reconsideration. If the minimum number of councilmembers necessary to vote on overriding the veto are not present, the action may be continued until the next meeting at which the minimum number of councilmembers are present. Such action shall not become effective unless it is readopted by the affirmative votes of at least five councilmembers within 60 days of the veto and for this purpose the mayor shall vote as a councilmember. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance or resolution. The approved part or parts of any ordinance or resolution making appropriations shall become law, and the part or parts disapproved or reduced shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this charter. (e) If an ordinance or resolution has been signed by the mayor, it shall become effective. If an ordinance or resolution is neither approved nor disapproved by the next regular meeting of the city council, it shall become effective. THURSDAY, MARCH 2, 2006 1745 SECTION 3.22. Powers and duties of the mayor. (a) The mayor shall be the chief executive officer of the city government, a member of and the presiding officer of the city council, and responsible for the efficient and orderly administration of the city's affairs. The mayor shall be responsible for the enforcement of laws, rules, regulations, ordinances, and franchises in the city. The mayor may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as specified in this charter or as may be provided by ordinance consistent with this charter. (b) The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the advocate of policy; (3) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing; (4) See that all laws and ordinances of the city are faithfully executed; (5) Vote on any motion, resolution, ordinance, or other question before the council and vote on any matter before a committee on which he or she serves; (6) Obtain short term loans in the name of the city when authorized by the city council to do so; (7) Appoint city council committees and appoint councilmembers to oversee and report on the functions of the various departments of the city; (8) Require the city manager to meet with him or her at a time and place designated for consultation and advice upon the affairs of the city; (9) Name qualified residents of the city to boards and commissions with approval of the city council; (10) Nominate the city attorney, city clerk, city tax collector, and city accountant, subject to ratification by the city council; (11) Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted by the mayor, any councilmember, the city manager, and the city attorney; and (12) Fulfill and perform such other duties as are imposed by this charter and duly adopted ordinances. (c) The mayor shall in his or her sole discretion appoint an executive aide to the mayor. The executive aide shall serve at the pleasure of the mayor. The executive aide shall receive a salary comparable to that of city department heads, which salary shall be fixed by the mayor. The executive aide shall report directly to the mayor. The duties and responsibilities of the executive aide shall at all times be as set forth by the mayor. The executive aide shall have the authority, upon the specific request of the mayor, to act on behalf of the mayor in the mayor's ceremonial or administrative capacity. The executive 1746 JOURNAL OF THE HOUSE aide shall have no authority to act on behalf of the mayor in a legislative or executive capacity. SECTION 3.23. City manager; appointment, qualification, and compensation. The mayor shall appoint for an indefinite term an officer whose title shall be the "city manager" and the city manager shall serve at the pleasure of the mayor. The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her executive and administrative qualifications with special reference to his or her educational background and actual experience in, and knowledge of, the duties of office as hereinafter prescribed. SECTION 3.24. City manager; chief administrative officer. The city manager shall be the chief administrative officer of the government of the City of Johns Creek. The city manager must devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and council for the proper and efficient administration of the affairs of the city over which said officer has jurisdiction. SECTION 3.25. City manager; powers and duties enumerated. The city manager shall have the power, and it shall be his or her duty to: (1) See that all laws and ordinances are enforced; (2) Appoint and employ all necessary employees of the city, provided that excepted from the power of this appointment are those officers and employees who by this Act are appointed or elected by the mayor or council or departments not under the jurisdiction of the city manager; (3) Remove employees employed by said officer without the consent of the council and without assigning any reason therefore; (4) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the council except as otherwise provided in this Act; (5) Attend all meetings of the council with a right to take part in the discussions, but having no vote. The city manager shall be entitled to notice of all special meetings; (6) Recommend to the council, after prior review and approval by the mayor, for adoption such measures as the city manager may deem necessary or expedient; (7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and upon knowledge of any violation thereof to call the same to the attention of the city attorney, whose duty THURSDAY, MARCH 2, 2006 1747 it shall be forthwith to take such steps as are necessary to protect and enforce the same; (8) Make and execute all lawful contracts on behalf of the city as to matters within said officer's jurisdiction to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the council; (9) Act as budget officer to prepare and submit to the council, after review and approval by the mayor, prior to the beginning of each fiscal year a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (10) Keep the council at all times fully advised as to the financial condition and needs of the city; (11) Make a full written report to the council on the first of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the clerk of the city; (12) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (13) Perform such other duties as may be prescribed by this Act or required by ordinance or resolution of the council. SECTION 3.26. Council interference with administration. Except for the purpose of inquiries and investigations under Section 2.08 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the manager solely through the manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 3.27. Selection of mayor pro tempore. There shall be a mayor pro tempore elected from among the councilmembers by the city council. The initial mayor pro tempore shall serve for a term expiring December 31, 2007, and successors shall serve for terms of four years. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember. A vacancy in the position of mayor pro tempore resulting from the mayor pro tempore ceasing to serve as a councilmember or from any other cause shall be filled for the remainder of the unexpired term in the same manner as the original election. 1748 JOURNAL OF THE HOUSE SECTION 3.28. Mayor pro tempore. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore of the city council, or in such person's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. A councilmember acting as mayor shall have only one vote. A councilmember acting as mayor shall have veto power in the case of disability of the mayor but not in the case of absence of the mayor. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest. ARTICLE IV ADMINISTRATIVE AFFAIRS SECTION 4.10. Department heads. (a) Except for the offices of city manager and executive aide to the mayor, the council, by ordinance, may establish, abolish, merge, or consolidate nonelective offices, positions of employment, departments, and agencies of the city as they shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. The council may also contract with private or governmental parties for the performance of the functions of any such offices, departments, or agencies. (b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by the city council. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of the director's department or agency. (e) The city manager may suspend directors. The director involved may appeal to the city council which, after a hearing, may override the suspension. Any removal of a director shall be by the city council. THURSDAY, MARCH 2, 2006 1749 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 mayor subject to approval 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 the office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice-chairperson, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. SECTION 4.12. City attorney. The mayor shall nominate a city attorney subject to ratification by the council 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 mayor. 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 1750 JOURNAL OF THE HOUSE officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required by virtue of the position of city attorney. The city council shall provide for the compensation of the city attorney. SECTION 4.13. City clerk. The mayor shall nominate a city clerk who shall not be a councilmember subject to ratification by the council. The city clerk shall serve at the pleasure of the mayor. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council shall provide for the compensation of the city clerk. SECTION 4.14. City tax collector. The mayor shall nominate a city tax collector subject to ratification by the council. The city tax collector shall serve at the pleasure of the mayor. The city tax collector shall 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 council shall provide for the compensation of the city tax collector. SECTION 4.15. City accountant. The mayor shall nominate a city accountant subject to ratification by the council. The city accountant shall serve at the pleasure of the mayor. The city council shall provide for the compensation of the city accountant. SECTION 4.16. Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and THURSDAY, MARCH 2, 2006 1751 (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 Johns Creek. SECTION 5.11. Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or stand-by judges as shall be provided by ordinance. The chief judge shall be appointed by resolution of the city council and the method of selection and terms of any other judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall have been a member of the State Bar of Georgia for a minimum of three years. (c) Compensation of the chief judge and other judges shall be fixed by the city council. The position of chief judge shall not be a full-time position, and the person serving as chief judge may engage in the private practice of law. (d) The chief judge shall serve a term of four years, coincident with the term of the mayor, but may be removed for cause by a vote of five members of the city council or upon action taken by the Judicial Qualification Commission. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter. SECTION 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 5.13. Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. 1752 JOURNAL OF THE HOUSE (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed the statutory limits for fines and imprisonment for such municipal court. (c) The municipal court may fix punishment for offenses within its jurisdiction, including both fines and imprisonment or alternative sentencing, provided that such fines or imprisonment does not exceed the statutory limits as now exist or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. SECTION 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Fulton County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. THURSDAY, MARCH 2, 2006 1753 SECTION 5.15. Rules. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE VI FINANCE SECTION 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. SECTION 6.11. Millage. (a) The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. (b) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731, unless a higher millage rate is recommended by resolution of the city council and subsequently approved by a majority of the eligible voters of the city by referendum. This millage rate limit shall apply to the millage rate actually levied and shall not apply to the hypothetical millage rate computed under subsection (a) of Code Section 48-8-91 of the O.C.G.A., relating to conditions on imposition of the joint county and municipal sales tax. SECTION 6.12. Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and 1754 JOURNAL OF THE HOUSE 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 within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. SECTION 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's 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. Utilities/infrastructure fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. THURSDAY, MARCH 2, 2006 1755 SECTION 6.16. Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.17. Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. SECTION 6.18. Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. SECTION 6.19. Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. SECTION 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. 1756 JOURNAL OF THE HOUSE SECTION 6.21. Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. SECTION 6.22. Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. SECTION 6.23. Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The city council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A. SECTION 6.24. Operating budget. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the city manager may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. SECTION 6.25. Adoption. (a) The city council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. THURSDAY, MARCH 2, 2006 1757 (b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. SECTION 6.26. Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that 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 any recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project 1758 JOURNAL OF THE HOUSE are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter. (b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by any recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council. SECTION 6.29. Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. SECTION 6.30. Procurement and property management. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter. SECTION 6.31. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.32. Sale of property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law, as well as any abandoned or surplus property. THURSDAY, MARCH 2, 2006 1759 (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. SECTION 6.33. General homestead exemption. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Johns Creek, except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of Johns Creek is granted an exemption on that person's homestead from City of Johns Creek ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Johns Creek, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Johns Creek, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Johns Creek, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the 1760 JOURNAL OF THE HOUSE City of Johns Creek, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SECTION 6.34. General homestead exemption for citizens age 65 or over. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Johns Creek except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Johns Creek who is a senior citizen is granted an exemption on that person's homestead from City of Johns Creek ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Johns Creek, or the designee thereof, giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Johns Creek, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Johns Creek, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the THURSDAY, MARCH 2, 2006 1761 City of Johns Creek, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SECTION 6.35. Homestead exemption for citizens age 65 or over meeting certain income requirements. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Johns Creek, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means adjusted gross income as such term is defined in the Internal Revenue Code of 1986, as such code is defined in Code Section 48-1-2 of the O.C.G.A., except that for purposes of this section the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Johns Creek who is a senior citizen is granted an exemption on that person's homestead from City of Johns Creek ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. 1762 JOURNAL OF THE HOUSE (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Johns Creek, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Johns Creek, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Johns Creek, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Johns Creek, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SECTION 6.36. Homestead exemption for citizens age 70 or over and disabled persons meeting certain income requirements. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Johns Creek, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means adjusted gross income determined pursuant to the Internal Revenue Code of 1986, as amended, for federal income tax purposes, except that for the purposes of this section the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension THURSDAY, MARCH 2, 2006 1763 system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. (4) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Johns Creek who is a senior citizen or who is disabled is granted an exemption on that person's homestead from City of Johns Creek ad valorem taxes for municipal purposes for the full value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act for the immediately preceding year. (c)(1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Johns Creek, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Johns Creek, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Johns Creek, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Johns Creek, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu 1764 JOURNAL OF THE HOUSE of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. 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. 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 7.12. Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.13. Qualified electors. (a) For the purposes of the referendum elections provided for in Section 7.14 of this Act the qualified electors shall be those qualified electors of Fulton County residing within the areas described in Appendixes A and B of this charter. (b) For the purposes of the special election to be held on the Tuesday after the first Monday in November, 2006, the qualified electors shall be those qualified electors of Fulton County residing within the City of Johns Creek, as determined according to the results of the election provided for in Section 7.14 of this Act. THURSDAY, MARCH 2, 2006 1765 (c) At subsequent municipal elections, the qualified electors of the City of Johns Creek shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (d) Only for the purpose of holding and conducting the referendum election provided for by Section 7.14 of this Act and only for the purpose of holding and conducting the special election of the City of Johns Creek to be held on the Tuesday after the first Monday in November, 2006, the election superintendent of Fulton County is vested with the powers and duties of the election superintendent of the City of Johns Creek and the powers and duties of the governing authority of the City of Johns Creek. SECTION 7.14. Referendum. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call two special elections for the purpose of submitting this Act to the qualified voters, as provided in subsection (a) of Section 7.13 of this charter, for approval or rejection. The superintendent shall set the date of such elections for the date of the general primary in 2006. The superintendent shall issue the call for such elections at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the elections to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words: "( ) YES Do you approve the creation of the City of Johns Creek and the property tax rate cap and the granting of the homestead exemptions described in ( ) NO the Act creating the City of Johns Creek?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." The expense of the special elections set forth in this section shall be borne by Fulton County. It shall be the duty of the superintendent to hold and conduct such elections. It shall be his or her further duty to certify the results thereof to the Secretary of State. (b) One special election provided for in subsection (a) of this section shall be held and conducted in the area described in Appendix A of this charter and one such special election shall be held in the area described in Appendix B of this charter. The votes of each special election shall be counted separately, and the results shall be as follows: (1) If more than one-half of the votes cast on such question in the special election in the area described in Appendix A of this charter are for approval of the Act, it shall become of full force and effect and the territorial limits of the city shall include the area described in Appendix A of this charter. Otherwise, if one-half or less of the votes cast on such question in the special election in the area described in Appendix A of this charter are for approval of the Act it shall thereafter be void and of no force or effect, regardless of the outcome of the special election in the area described in Appendix B of this charter; and 1766 JOURNAL OF THE HOUSE (2) If more than one-half of the votes cast on such question in the special election in the area described in Appendix A of this charter are for approval of the Act and more than one-half of the votes cast on such question in the special election in the area described in Appendix B of this charter are for approval of the Act, the territorial limits of the city shall include the area described in Appendix B of this charter as well as the area described in Appendix A of this charter. If more than one-half of the votes cast on such question in the special election in the area described in Appendix A of this charter are for approval of the Act and one-half or less of the votes cast on such question in the special election in the area described in Appendix B of this charter are for approval of the Act, the territorial limits of the city shall include the area described in Appendix A but shall not thereafter include the area described in Appendix B of this charter. SECTION 7.15. Effective dates. (a) Sections 1.10 and 1.11 of this Act and those provisions of the Act necessary for the special election provided for in Section 7.14 of this charter shall become effective immediately upon this Act's approval by the Governor or upon its becoming law without such approval. (b) Those provisions of this Act necessary for the special election to be held on the Tuesday after the first Monday in November, 2006, as provided by Article II of this charter shall be effective upon the certification of the results of the referendum election provided for by Section 7.14 of this charter, if this Act is approved at such referendum election. (c) The remaining provisions of this Act shall become of full force and effect for all purposes on December 1, 2006, except that the initial mayor and councilmembers shall take office immediately following their election and by action of a quorum may prior to December 1, 2006, meet and take actions binding on the city. SECTION 7.16. Transition. (a) A period of time will be needed for an orderly transition of various government functions from Fulton County to the City of Johns Creek. Accordingly there shall be a transition period beginning on December 1, 2006, and ending at midnight on November 30, 2008. During such transition period, all provisions of this charter shall be effective as law, but not all provisions of this charter shall be implemented. (b) During such transition period, Fulton County shall continue to provide within the territorial limits of Johns Creek all government services and functions which Fulton County provided in that area at the time of enactment of this charter and at actual cost as provided pursuant to Code Section 36-31-8 of the O.C.G.A., except to the extent otherwise provided in this section; provided, however, that upon at least 30 days written notice to Fulton County by the City of Johns Creek, responsibility for any such service or THURSDAY, MARCH 2, 2006 1767 function shall be transferred to the City of Johns Creek. Effective December 1, 2006, the City of Johns Creek shall collect taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of Johns Creek. Where a particular tax, fee, assessment, fine, forfeiture, or other amount collected is specifically related to the provision of a particular government service or function by Fulton County, the service or function shall continue to be provided by the county contingent upon payment by the city of the actual cost of providing such service or function unless otherwise provided in a written agreement between the city and the county. Any existing contract for the performance of a governmental service with a private person residing or doing business within the city limits shall not be altered or adversely affected by the establishment by this Act of the City of Johns Creek. (c) During the transition period, the governing authority of the City of Johns Creek: (1) Shall hold regular meetings and may hold special meetings as provided in this charter; (2) May enact ordinances and resolutions as provided in this charter; (3) May amend this charter by home rule action as provided by general law; (4) May accept gifts and grants; (5) May borrow money and incur indebtedness to the extent authorized by this charter and general law; (6) May levy and collect an ad valorem tax for calendar years 2007 and 2008; (7) May establish a fiscal year and budget; (8) May create, alter, or abolish departments, boards, offices, commissions, and agencies of the city; appoint and remove officers and employees; and exercise all necessary or appropriate personnel and management functions; and (9) May generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (d) Except as otherwise provided in this section, during the transition period the Municipal Court of the City of Johns Creek shall not exercise its jurisdiction. During the transition period, all ordinances of Fulton County shall remain applicable within the territorial limits of Johns Creek and the appropriate court or courts of Fulton County shall retain jurisdiction to enforce such ordinances. Upon notice by the City of Johns Creek, Fulton County shall transfer all or part of such regulatory authority and the appropriate court jurisdiction to the City of Johns Creek as contained in such notice. Any transfer of jurisdiction to the City of Johns Creek during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in Fulton County or the pending prosecution of any violation of any ordinance of Fulton County. (e) During the transition period, the governing authority of Johns Creek may at any time, without the necessity of any agreement by Fulton County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of Johns Creek commencing to exercise its planning and zoning 1768 JOURNAL OF THE HOUSE powers, the Municipal Court of the City of Johns Creek shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (f) Effective upon the termination of the transition period, subsections (b) through (e) of this section shall cease to apply except for the last sentence of subsection (d) which shall remain effective. Effective upon the termination of the transition period, the City of Johns Creek shall be a full functioning municipal corporation and subject to all general laws of this state. SECTION 7.17. Directory nature of dates. It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause, delay in securing approval under the federal Voting Rights Act, or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing it is specifically provided that: (1) If it is not possible to hold the referendum election provided for in Section 7.14 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable; and (2) If it is not possible to hold the first municipal election provided for in Section 2.11 of this Act on the date specified in that section, then there shall be a special election for the initial members of the governing authority to be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. SECTION 7.18. Charter commission. At the first regularly scheduled city council meeting, five years after the inception of the City of Johns Creek, the mayor and city council shall create a charter commission to review the city's experience and recommend to the General Assembly any changes to the city charter. All members of the charter commission must reside in the City of Johns Creek. The commission must complete the recommendations within six months of its creation. SECTION 7.19. Severability. THURSDAY, MARCH 2, 2006 1769 In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. SECTION 7.20. General repealer. All laws and parts of laws in conflict with this Act are repealed. APPENDIX A If approved by the voters as described in Section 7.14 of this charter, the corporate limits of the City of Johns Creek shall include the following described territory of Fulton County except that the corporate limits of the City of Johns Creek shall not include any part of the following described territory which has been validly annexed to another city by an annexation completed before this Act is approved by the Governor or becomes law without such approval: Commencing at the northeasterly point of Fulton County, Georgia at the point where Fulton County, Georgia intersects the westerly county line of Gwinnett County, Georgia, the southerly county line of Forsyth County, Georgia, as the boundaries existed on January 1, 2006, and the Chattahoochee River; running thence generally southwesterly along the southeastern line of Fulton County where it intersects the northeasterly line of Gwinnett County, following the meanderings of the Chattahoochee River, to the point where said Fulton-Gwinnett County line intersects the dividing line between Fulton County Voting Precincts NC11A and NC06, as they existed on January 1, 2006; thence leaving said Fulton-Gwinnett County line, running northwesterly along said dividing line between voting precincts to its intersection with Barnwell Road; thence following Barnwell Road northeasterly to the point where said right-of-way intersects with Jones Bridge Road; thence following Jones Bridge Road northerly to the point where said right-of-way intersects with Old Alabama Road; thence following the right-of-way of Old Alabama Road west to the point where said right-of-way intersects with the right-of-way of Brumbelow Road; thence following the right-of-way of Brumbelow Road south to the point where said right-of-way intersects with the south land lot line of Land Lot 924, 1st District, 2nd Section, Fulton County, Georgia, said point also being the southeastern corner of that certain parcel of land (Fulton County tax id# 12318008950488, according to the parcel numbering system existing on January 1, 2006) described in that certain Quit Claim Deed, dated May 5, 1997, recorded in Deed Book 22692, page 012, Official Deed Records of Fulton County, Georgia, said 1770 JOURNAL OF THE HOUSE point further representing the southeasterly corner of Newtown Park; thence leaving said right-of-way running west along the south line of Land Lots 924 and 895, aforesaid District and Section, to a point at the intersection of Land Lots 894, 895, 869 and 870, aforesaid District and Section, said point also being the southwest corner of Newtown Park; thence running north along the west land lot line of Land Lot 895 to a point to its northernmost point adjacent to the east boundary of the Chartwell Subdivision, as set out on that certain plat entitled Final Subdivision Plat of Chartwell, Unit 1, Phase 1, by Travis Pruitt & Associates, Inc., recorded at Plat Book 188, page 49, Official Deed Records of Fulton County, Georgia; thence leaving said land lot line following the east boundary of the Chartwell Subdivision northwesterly to Old Alabama Road; thence running along the right-of-way of Old Alabama Road to its intersection with the northeast corner of the Old Alabama Square Shopping Center as set out on that certain plat entitled Old Alabama Square, Exemption Plat, by Post, Buckley, Schuh & Jernigan, Inc., recorded at Plat Book 220, page 124, Official Deed Records of Fulton County, Georgia; thence leaving said right-of-way running south and southwest along the east line of said shopping center parcel (said line also being set out on the aforementioned plat of Chartwell Subdivision) to a point at the southeast corner of said shopping center parcel; thence running west along the south line of said shopping center parcel to a point at the centerline of a creek, the same being located at the southwest corner of said shopping center parcel, said point also being located on the east property line of that certain parcel of land (Fulton County tax id# 12304008391576, according to the parcel numbering system existing on January 1, 2006) said parcel being described in that certain General Warranty Deed, dated June 24, 1999, recorded in Deed Book 27358, page 340, Official Deed Records of Fulton County, Georgia; thence running southerly along the meanderings of said creek along the east line of said parcel of land (Fulton County tax id# 12304008391576) to its intersection with the south land lot line of Land Lot 840, aforesaid District and Section; thence leaving the centerline of said creek running west along the south line of land lots 840 and 817 to its intersection with the easterly boundary of City of Roswell, Georgia, as said boundary existed on January 1, 2006, at the right-of-way of Nesbit Ferry Road; thence running north along said right-of-way of Nesbit Ferry Road to the point in Land Lot 818, aforesaid District and Section, where said eastern boundary leaves the right-ofway of Nesbit Ferry Road; thence following said eastern boundary northwest to the point where said eastern boundary intersects the east land lot line of Land Lot 787, aforesaid District and Section; thence running northeasterly along the eastern boundary of the City of Roswell, Georgia, following the courses and distances thereof, to a point in Land Lot 867, aforesaid District and Section, where said boundary line intersects the northwest corner of the Magnolia Park Subdivision as set out on that certain plat entitled Final Plat for Magnolia Park, by Post, Buckley, Schuh & Jernigan, Inc., recorded at Plat Book 224, page 89, Official Deed Records of Fulton County, Georgia, said point also lying on the south line of the Willow Springs Subdivision, as set out on that certain plat entitled Final Plat Willow Springs S/D, Unit 5, by Mayes Sudderth & Etheridge, Inc., recorded at Plat Book 116, page 40, Official Deed Records of Fulton THURSDAY, MARCH 2, 2006 1771 County, Georgia; thence leaving said boundary line of the City of Roswell, Georgia, running southwest along the west line of said Magnolia Park Subdivision to a point at the southwest corner of said Magnolia Park Subdivision; thence running east, north and east along the south line of said Magnolia Park Subdivision to the point where said line intersects with Haynes Bridge Road at the southeast corner of said Magnolia Park Subdivision; thence running north along the right-of-way of Haynes Bridge Road, to the point in Land Lot 867, aforesaid District and Section, at the northerly intersection of said right-of-way with the east boundary line of the aforementioned Final Plat Willow Springs S/D, Unit 5; thence leaving said right-of-way running west along the boundary line of the Willow Springs Subdivision to a point on the west land lot line of Land Lot 867, aforesaid District and Section; thence continuing north along said east boundary line of Willow Springs Subdivision following the west land lot line of Land Lots 867 and 866, aforesaid District and Section, to the point at the intersection of Land Lots 843, 844, 865 and 866, aforesaid District and Section, said point also lying on the south boundary line of that certain Wentworth Subdivision as set out on that certain plat entitled Final Plat for Wentworth, by Hayes, James & Associates, recorded at Plat Book 214, page 129, Official Deed Records of Fulton County, Georgia; thence running west along the south boundary of Wentworth Subdivision, and Land Lot 844, aforesaid District and Section, to a point at the southwest corner of said subdivision; thence leaving said land lot line running north along the west boundary of said Wentworth Subdivision, following the courses and distances thereof across the right-of-way of Haynes Bridge Road, to a point at the northwest corner of said Wentworth Subdivision, said point being located on the north line of Land Lot 844, aforesaid District and Section; thence running east along the north line of said Wentworth Subdivision, along the north lines of Land Lots 844 and 865, aforesaid District and Section, to a point at the northeast corner of said subdivision; thence leaving said land lot line, running south along the east boundary of said Wentworth Subdivision to the point at which said boundary line intersects the northerly point of that certain parcel of land (Fulton County tax id# 12302008650447, according to the parcel numbering system existing on January 1, 2006) described in that certain Deed, dated September 1, 2004, recorded in Deed Book 38424, page 122, Official Deed Records of Fulton County, Georgia; thence running southeast and southerly along the east property line of said parcel of land to a point, said point also lying at the northeast corner of that certain parcel of land (Fulton County tax id# 12302008650173, according to the parcel numbering system existing on January 1, 2006) described in that certain Deed, dated September 2, 2004, recorded in Deed Book 38424, page 118, Official Deed Records of Fulton County; thence running south along the east line of said parcel of land (Fulton County tax id# 12302008650173) to a point at the southeast corner of said parcel of land; thence running southwest along the southeast property line of said parcel of land (Fulton County tax id# 12302008650173) to a point on the right-of-way of Haynes Bridge Road; thence following the right-of-way of Haynes Bridge Road southeast to the intersection of Haynes Bridge Road and Alvin Road; thence running northeasterly along Alvin Road to a point at its intersection in Land Lot 898, aforesaid District and 1772 JOURNAL OF THE HOUSE Section, with the southeast corner of the Berkshire Manor Subdivision, Unit One, as set out on that certain plat recorded in the Official Deed Records of Fulton County, Georgia; thence running north along the east boundary of said Berkshire Manor Subdivision following said east boundary of the Berkshire Manor Subdivision along Unit One, Unit Three, and Unit Five thereof, to the point at which said east boundary intersects the south line of Land Lot 900 the same lying at the southwest corner of the Summer Trace Subdivision as set out on that certain plat entitled Final Plat for Summer Trace, Unit Two, by Civil Design, Inc., recorded at Plat Book 149, page 5, Official Deed Records of Fulton County, Georgia; thence running east along said south land lot line to point at the intersection of said land lot line and the southeast corner of Lot 104 of set forth on said Summer Trace Subdivision Plat; thence leaving said land lot line running northwest along the northeast property line of said Lot 104 to the north corner of said lot 104, said point also being located at the southwest corner of Unit III of the Summer Trace Subdivision as set out on that certain Final Plat for Summer Trace, Unit III, by Civil Design, Inc., recorded at Plat Book 153, page 1, Official Deed Records of Fulton County, Georgia; thence running northwest along the westerly line of said Unit III of the Summer Trace Subdivision following the courses and distances thereof to a point at its intersection with the City of Alpharetta, Georgia, as it existed on January 1, 2006, at Long Indian Creek; thence following said boundary line of the City of Alpharetta, Georgia southeasterly along the meanderings of Long Indian Creek to the point where Long Indian Creek intersects the easterly line of Land Lot 864, aforesaid District and Section, there leaving said boundary line of the City of Alpharetta, Georgia; thence continuing along the meanderings of Long Indian Creek easterly to the point where Long Indian Creek intersects the east line of Land Lot 918, aforesaid District and Section; thence leaving Long Indian Creek running south along said east land lot line of Land Lot 918 to the point where said east line intersects with the north line of Land Lot 11, 1st District, 1st Section of Fulton County, Georgia; thence running east along said north land lot line of said Land Lot 11 to a point where said land lot line intersects with that certain Storm Drain Line located northeasterly from the northeastern line of Timberstone Subdivision, Section III, as set out on that certain plat entitled Final Subdivision Map for Timberstone Section III, by Urban Engineers, Inc., recorded at Plat Book 115, page 81, Official Deed Records of Fulton County, Georgia; thence following the meanderings of said Storm Drain Line southeasterly in said Land Lot 11 to the point where said Storm Drain Line intersects with the south line of said Land Lot 11; thence running east along said south line of said Land Lot 11 to the point at the intersection of Land Lots 11, 12, 35 and 36, aforesaid District and Section; thence running south along the east line of said Land Lot 12 to the point where said land lot line intersects with the southwest corner of Lauren Hall Subdivision, as set out on that certain plat entitled Final Plat of Lauren Hall Subdivision, by Watts & Browning Engineers, Inc., dated February 13, 1995, recorded at Plat Book 186, page 2, Official Deed Records of Fulton County, Georgia; thence running easterly along the south line of said Lauren Hall Subdivision following the courses and distances thereof to a point on the northwesterly right-of-way of Jones Bridge Road; thence running northeast THURSDAY, MARCH 2, 2006 1773 along said northwesterly right-of-way of Jones Bridge Road to the point at which said right-of-way intersects the northeast right-of-way of Waters Road; thence leaving said right-of-way of Jones Bridge Road running northwest along said northeast right-of-way of Waters Road to a point at the northwesterly corner of that certain parcel of land (Fulton County tax id# 11018000580174, according to the parcel numbering system existing on January 1, 2006) described in that certain Warranty Deed, dated January 2, 1996, recorded in Deed Book 20494, page 331, Official Deed Records of Fulton County, Georgia; thence leaving said right-of-way running northeasterly along the northerly property line of said parcel of land to a point at the northeast corner of said parcel of land, said point also constituting the northwesterly corner of that certain parcel of land (Fulton County tax id# 11018000581370, according to the parcel numbering system existing on January 1, 2006) described in that certain Warranty Deed, dated April 19, 2002, recorded in Deed Book 32301, page 65, Official Deed Records of Fulton County, Georgia; thence running northeasterly along the northerly property line of said parcel of land (Fulton County tax id# 11018000581370) to a point at the northeast corner of said parcel of land, said point being located on the southwesterly property line of that certain parcel of land (Fulton County tax id# 11018000570290, according to the parcel numbering system existing on January 1, 2006) described in that certain Warranty Deed, dated October 10, 2001, recorded in Deed Book 31201, page 149, Official Deed Records of Fulton County, Georgia; thence running northwesterly along said southwesterly property line to a point at the northwest corner of said parcel of land; thence running southeasterly along the northwesterly property line to a point at the northeast corner of said parcel of land, said point being located on the east land lot line of Land Lot 58, aforesaid District and Section; thence running north along the east line of Land Lots 58, 57, and 56, aforesaid District and Section, to a point at the intersection of Land Lots 55, 56, 77 and 78, aforesaid District and Section; thence running east along the north line of Land Lots 77 and 96, aforesaid District and Section, to a point at the intersection of Land Lots 95, 96, 115 and 116, aforesaid District and Section; thence running south along the east line of said Land Lot 96 to a point located at the northwesterly corner of that certain parcel of land (Fulton County tax id# 11028001150240, according to the parcel numbering system existing on January 1, 2006) described in that certain Executor's Deed, dated May 28, 2003, recorded in Deed Book 35203, page 391 Official Deed Records of Fulton County, Georgia; thence leaving said land lot line running east along the north property line of said parcel of land (Fulton County tax id# 11028001150240), to a point on the westerly right-of-way of Buice Road; thence following said right-of-way northerly and westerly to the point where said right-of-way intersects the east line of Land Lot 94, aforesaid District and Section, said point being located on the east boundary of Ocee Park; thence leaving said right-of-way running south along said east line to a point at the intersection of Land Lots 94, 95, 116, and 117, aforesaid District and Section; thence running west along the south line of said Land Lot 94 to a point at the intersection of Land Lots 78, 79, 94 and 95, aforesaid District and Section; running thence north along the west line of said Land Lot 94 to a point at the intersection of Land Lots 79, 80, 93 and 94, aforesaid District 1774 JOURNAL OF THE HOUSE and Section; thence running east along the north line of said Land Lot 94 to a point located at the southeast corner of that certain parcel of land (Fulton County tax id# 11027000930164, according to the parcel numbering system existing on January 1, 2006) the same being set forth on that certain plat entitled Final Plat for Donald Allen Fuqua, by Brumbelow-Reese & Assoc., Inc., dated November 10, 1983, recorded at Plat Book 133, page 16, Official Deed Records of Fulton County, Georgia; thence leaving said land lot line running northwesterly along the east property line of said parcel of land to a point on the southeast right-of-way of Kimball Bridge Road; thence running northeast along said right-of-way to the intersection of said right-of-way and the east right-of-way of Buice Road; thence leaving said right-of-way of Kimball Bridge Road running southeasterly along the east right-of-way of Buice Road, following the courses and distances thereof, to the point at the intersection of said rightof-way and the south line of Land Lot 116, aforesaid District and Section, said point being located at the southwest corner of the Pinewalk Subdivision, Unit One, as set forth on that certain plat entitled Final Plat Unit One Pinewalk Subdivision, by Engineering and Surveying, Inc., recorded at Plat Book 158, page 101, Official Deed Records of Fulton County, Georgia; thence leaving said right-of-way of Buice Road running east along the south line of Land Lots 116 and 133, aforesaid District and Section, along the south property line of said Pinewalk Subdivision to a point at the southeast corner of said subdivision; thence leaving said land lot line running north along the east property line of said Pinewalk Subdivision, Unit One, as shown on said plat, to a point at the northeast corner of said Pinewalk Subdivision; thence running west along the north line of said Pinewalk Subdivision, Unit One, as shown on said plat, to the point at which said property line intersects with the west land lot line of said Land Lot 133; thence running north along the west land lot line of Land Lot 133, 132 and 131, aforesaid District and Section to a point at the intersection of Land Lots 118, 119, 130 and 131, aforesaid District and Section; thence running west along the south line of said Land Lot 119, 100.31 feet to a point at the intersection of said land lot line and the a point immediately south of the southeast corner of The Pines at Kimball Bridge, Unit One, as set forth on that certain plat entitled Final Plat of: The Pines at Kimball Bridge, Unit One, by Hayes, James & Associates, recorded at Plat Book 140, page 33, Official Deed Records of Fulton County, Georgia; thence leaving said south land lot line running north to and along the east line of said subdivision continuing along said course across the right-of-way of Kimball Bridge Road to a point on the northwesterly right-of-way of Kimball Bridge Road; thence running northeasterly following said northwesterly right-of-way of Kimball Bridge Road to a point at the intersection of said right-of-way with the westerly right-of-way of Fox Road; thence running northerly along said westerly right-of-way of Fox Road to a point where said right-of-way intersects with the south line of Land Lot 196, aforesaid District and Section; thence leaving said right-of-way running east along the south line of Land Lots 196 and 232, aforesaid District and Section to a point at the intersection of said land lot line and the southeast corner of that certain Windward / Southpointe Development as set forth on that certain plat entitled Final Plat for Windward Properties, Inc. Being Pod THURSDAY, MARCH 2, 2006 1775 39, Blocks I, J &K, Windward / Southpointe, by Rochester Associates, Inc., recorded at Plat Book 159, page 130, Official Deed Records of Fulton County, Georgia; thence leaving said south land lot line running north along the east property line of said Windward / Southpointe Development to a point where said east property line intersects with the north line of Land Lot 232, aforesaid District and Section; thence running east along the north lines of Land Lots 232 and 233, aforesaid District and Section to the point at the intersection of said land lot line of Land Lot 233 and the northwest right-ofway of Jones Bridge Road; thence leaving said land lot line running northeast along said northwest right-of-way of Jones Bridge Road to the point where said right-of-way intersects the east line of Land Lot 1256, 2nd District, 1st Section, Fulton County, Georgia; running thence north along the east line of Land Lots 1256, 1231, 1190 and 1165, aforesaid District and Section, to the northerly point of Laurel Cove Subdivision Unit II on said east line of said Land Lot 1165 as set forth on that certain plat entitled Final Plat Laurel Cove Unit II, Douglas Road (Formerly Known as Huntington Trace Subdivision Unrecorded), by Patterson & Smith, Inc., dated October 2, 2001, last revised August 7, 2002, recorded at Plat Book 231, page 88, Official Deed Records of Fulton County, Georgia; thence leaving said land lot line running northwesterly along the northeasterly property line of said Unit II of said subdivision, following the courses and distances thereof, to the point where said property line intersects the easterly property line of Laurel Cove Subdivision, Unit I, as set forth on that certain plat entitled Final Plat Laurel Cove / Douglas Road, dated May 3, 2001, recorded at Plat Book 238, page 74, Official Deed Records of Fulton County, Georgia, thence continuing northerly, following the courses and distances of Unit I thereof, to the point at which said easterly property line of said Laurel Cove Subdivision, Unit I, intersects with the north land lot line of Land Lot 1165, aforesaid District and Section; thence running east along the north line of Land Lot 1165, aforesaid District and Section, to a point located at the intersection of Land Lots 1124, 1125, 1164 and 1165, aforesaid District and Section; thence leaving said land lot line running northwest, southwest and northwest along the easterly property line of the Calumet Subdivision as set forth on that certain plat entitled Final Plat of Calumet, by Watts & Browning Engineers, dated January 16, 1991, revised January 23, 1991, recorded at Plat Book 171, page 14, Official Deed Records of Fulton County, Georgia, to the point where said easterly property line intersects the southerly right-of-way of Old McGinnis Ferry Road; thence running westerly along the right-of-way of said Old McGinnis Ferry Road to the westerly point of said Calumet Subdivision adjacent to said right-of-way; thence leaving said right-ofway running southerly and easterly along the north property line of said Calumet Subdivision to the point where said north property line intersect the southeast corner of that certain parcel of land (Fulton County tax id# 21572011240102, according to the parcel numbering system existing on January 1, 2006) described in that certain Warranty Deed, dated April, 1982, recorded in Deed Book 8114, page 202 Official Deed Records of Fulton County, Georgia; thence leaving said north property line of Calumet Subdivision running north along the east property line of said parcel of land (Fulton County tax id# 21572011240102) following the course thereof to a point on the 1776 JOURNAL OF THE HOUSE line dividing Fulton County, Georgia and Forsyth County, Georgia; running thence southeasterly along said Fulton-Forsyth County line to the point where said line intersects the westerly county line of Gwinnett County and the Chattahoochee River, said point being the point of beginning. All references and points set out herein are as of January 1, 2006 unless otherwise stated. APPENDIX B If approved by the voters as described in Section 7.14 of this charter, the corporate limits of the City of Johns Creek shall include the following described territory of Fulton County except that the corporate limits of the City of Johns Creek shall not include any part of the following described territory which has been validly annexed to another city by an annexation completed before this Act is approved by the Governor or becomes law without such approval: Commencing at the point where the line dividing Fulton County, Georgia and Gwinnett County, Georgia, as they existed on January 1, 2006, intersects the dividing line between Fulton County Voting Precincts NC11A and NC06, as they existed on January 1, 2006; thence leaving said Fulton-Gwinnett County line, running northwesterly along said dividing line between voting precincts to its intersection with Barnwell Road; thence following Barnwell Road northeasterly to the point where said right-of-way intersects with Jones Bridge Road; thence following Jones Bridge Road northerly to the point where said right-of-way intersects with Old Alabama Road; thence following the right-of-way of Old Alabama Road west to the point where said right-of-way intersects with the right-of-way of Brumbelow Road; thence following the right-of-way of Brumbelow Road south to the point where said right-of-way intersects with the south land lot line of Land Lot 924, 1st District, 2nd Section, Fulton County, Georgia, said point also being the southeastern corner of that certain parcel of land (Fulton County tax id# 12318008950488, according to the parcel numbering system existing on January 1, 2006) described in that certain Quit Claim Deed, dated May 5, 1997, recorded in Deed Book 22692, page 012, Official Deed Records of Fulton County, Georgia, said point further representing the southeasterly corner of Newtown Park; thence leaving said right-of-way running west along the south line of Land Lots 924 and 895, aforesaid District and Section, to a point at the intersection of Land Lots 894, 895, 869 and 870, aforesaid District and Section, said point also being the southwest corner of Newtown Park; thence running north along the west land lot line of Land Lot 895 to a point to its northernmost point adjacent to the eastern boundary of the Chartwell Subdivision, as set out on that certain plat entitled Final Subdivision Plat of Chartwell, Unit 1, Phase 1, by Travis Pruitt & Associates, Inc., recorded at Plat Book 188, page 49, Official Deed Records of Fulton County, Georgia; thence leaving said land lot line following the eastern boundary of the Chartwell Subdivision northwest to Old Alabama Road; thence running along the right-of-way of Old Alabama Road to its intersection with the northeast corner of the Old Alabama Square Shopping Center as set out on that certain plat entitled Old Alabama Square, Exemption Plat, by Post, Buckley, Schuh & THURSDAY, MARCH 2, 2006 1777 Jernigan, Inc., recorded at Plat Book 220, page 124, Official Deed Records of Fulton County, Georgia; thence leaving said right-of-way running south and southwest along the east line of said shopping center parcel (said line also being set out on the aforementioned plat of Chartwell Subdivision) to a point at the southeast corner of said shopping center parcel; thence running west along the south line of said shopping center parcel to a point at the centerline of a creek, the same being located at the southwest corner of said shopping center parcel, said point also being located on the east property line of that certain parcel of land (Fulton County tax id# 12304008391576, according to the parcel numbering system existing on January 1, 2006) said parcel being described in that certain General Warranty Deed, dated June 24, 1999, recorded in Deed Book 27358, page 340, Official Deed Records of Fulton County, Georgia; thence running southerly following the meanderings of said creek along the east line of said parcel of land (Fulton County tax id# 12304008391576) to its intersection with the south land lot line of Land Lot 840, aforesaid District and Section; thence leaving the centerline of said creek running west along the south line of land lots 840 and 817 to its intersection with the easterly boundary of City of Roswell, Georgia, as it existed on January 1, 2006, at the right-of-way of Nesbit Ferry Road; thence running south along Nesbit Ferry Road, and said eastern boundary of the City of Roswell, Georgia, to a point in Land Lot 832, aforesaid District and Section, where said eastern boundary of the City of Roswell, Georgia leaves the right-of-way of Nesbit Ferry Road; thence continuing south along the right-of-way of Nesbit Ferry Road to the point where said eastern boundary of the City of Roswell, Georgia re-intersects said right-of-way; thence continuing south along said right-of-way of Nesbit Ferry Road and the eastern boundary of the City of Roswell, Georgia to the intersection of Nesbit Ferry Road and Holcomb Bridge Road; thence continuing south along the eastern boundary of the City of Roswell, Georgia, along the right-of-way of Holcomb Bridge Road, to its intersection with the right-of-way of Barnwell Road; thence leaving the right-of-way of Holcomb Bridge Road and said east boundary of the City of Roswell, Georgia, running northeast along the right-of-way of Barnwell Road to its most northerly point of intersection with that certain parcel of land (Fulton County tax id# 12323008840127, according to the parcel numbering system existing on January 1, 2006) described in that certain Warranty Deed, dated July 26, 1984, recorded in Deed Book 9245, page 10, Official Deed Records of Fulton County, Georgia; thence leaving said right-of-way running east along the northerly property line of said parcel of land (Fulton County tax id# 12323008840127) to the northeast corner of said parcel of land, the same lying on said Fulton-Gwinnett County line; thence running northeasterly along said FultonGwinnett County line, following the meanderings of the Chattahoochee River to a point where said Fulton-Gwinnett County line intersects the dividing line between Fulton County Voting Precincts NC11A and NC06, said point being the point of beginning. All references and points set out herein are as of January 1, 2006 unless otherwise stated. 1778 JOURNAL OF THE HOUSE APPENDIX C CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION I, Representative Mark Burkhalter, Georgia State Representative from the 50th District and the author of this bill introduced at the 2006 Session of the General Assembly of Georgia, which grants an original municipal charter to the City of Johns Creek do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A. So certified, this ______ day of ____________________, 20__. ________________________________ Representative, 50th District Georgia House of Representatives Representative Burkhalter of the 50th moved that the House agree to the Senate substitute to HB 1321. 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 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 Davis E Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Hill, C.A N Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 E Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Sailor 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 Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker THURSDAY, MARCH 2, 2006 1779 Y Casas Y Chambers Y Channell Cheokas Y Coan Y Cole Coleman, B Y Coleman, T Y Cooper Y Cox Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Heard, K N Heckstall Y Hembree Y Henson Y Hill, C Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox N Mangham Y Manning Marin 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 N Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 153, nays 6. The motion prevailed. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1310. By Representatives O`Neal of the 146th, Knight of the 126th, Cole of the 125th, Smith of the 131st and Mosby of the 90th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding revenue and taxation; 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 change certain provisions relating to confidential information; to change certain provisions regarding forms of payment; to change certain provisions regarding extension of time for certain returns; to change certain provisions regarding sales and use tax return allowances; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding revenue and taxation; 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 change certain provisions relating to confidential information; to change certain provisions regarding forms of payment; to change certain provisions regarding extension of time for certain returns; to change certain provisions regarding sales and use tax return 1780 JOURNAL OF THE HOUSE allowances; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 regarding revenue and taxation, 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, 2005 2006, the provisions of the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before January 1, 2005 2006, except Section 168(k), (but not excepting Section 168(k)(2)(A)(i), Section 168(k)(2)(D)(i), and Section 168(k)(2)(E)), Section 199, and Section 1400L, Section 1400N(d)(1), Section 1400N(j), and Section 1400N(k) of the Internal Revenue Code of 1986 shall be treated as if they were not in effect. 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, 2005 2006, 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, 2005 2006, provisions of the Internal Revenue Code of 1986 which were as of January 1, 2005 2006, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes." SECTION 2. Said title is further amended in Code Section 48-2-15, relating to confidential information, by adding a new subsection (e) to read as follows: "(e) This Code section shall not be construed to prohibit persons or groups of persons other than employees of the department from having access to tax information when necessary to conduct research commissioned by the department and when necessary for data processing operations and maintenance of data processing equipment, provided the persons or groups of persons have obtained prior written approval from the commissioner and are subject to the direct security control of department personnel during all periods of access. Any person who divulges or makes known any tax information obtained under this subsection shall be subject to the same civil and criminal penalties as those provided for divulgence of information by employees of the department." THURSDAY, MARCH 2, 2006 1781 SECTION 3. Said title is further amended in subsection (f) of Code Section 48-2-32, relating to forms of payment, by adding a new paragraph immediately following paragraph (2), to be designated paragraph (2.1), to read as follows: "(2.1) The commissioner may require that any person or business owing more than $5,000.00 in connection with any return, report, or other document pertaining to sales tax, use tax, withholding tax, or motor fuel distributor tax required to be filed with the department on or after July 1, 2006, shall pay any such sales tax, use tax, withholding tax, or motor fuel distributor 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." SECTION 4. Said title is further amended by striking Code Section 48-2-36, relating to extension of time for returns, and inserting in its place a new Code Section 48-2-36 to read as follows: "48-2-36. (a) The commissioner may grant, upon written request, a reasonable extension of time for filing returns, declarations, or other documents required under state revenue laws whenever, in the reasonable exercise of his such commissioner's judgment, a good cause for the extension exists. The commissioner shall keep a record of every extension granted and the reason for the extension. No extension or extensions, except as otherwise expressly provided by law, shall aggregate more than six months, nor shall any extension of time for filing returns, except as otherwise expressly provided by law, operate to delay the payment of a tax unless a bond satisfactory to the commissioner is posted. In no event shall the commissioner extend the time of filing returns which are required to be filed with the tax receiver or tax commissioner. (b) Notwithstanding any other provision in the laws of this state, in the case of a taxpayer determined by the commissioner to be affected by a presidentially declared disaster, as defined in Internal Revenue Code Section 1033(h)(3), or a terroristic or military action, as defined in Internal Revenue Code Section 692(c)(2), the commissioner may specify a period of up to one year that may be disregarded in determining, under the laws of this state, in respect of any tax liability, fee liability, or other liability of such taxpayer: (1) Whether any of the actions described in subsection (c) of this Code section were performed within the time prescribed therefor, determined without regard to extension under any other provision of the laws of this state for periods after the date, as determined by the commissioner, of such disaster or action; (2) The amount of any interest, penalty, or addition to the taxes, fees, or other liability for periods after the date, as determined by the commissioner, of such disaster or action; and (3) The amount of any refund. (c) Actions which may be extended: 1782 JOURNAL OF THE HOUSE (1) Filing any return of taxes, fees, or other liability; (2) Payment of any taxes, fees, or other liability or any installment thereof; (3) Filing a petition with the superior court or the office of state administrative hearings as allowed under the laws of this state; (4) Allowance of a refund of any taxes, fees, or other liability; (5) Filing a claim for refund of any taxes, fees, or other liability; (6) Bringing suit upon any such claim for refund; (7) Assessment of any taxes, fees, or other liability; (8) Giving or making any notice, assessment, or demand for the payment of any taxes, fees, or other liability; (9) Collection, by the commissioner, by tax execution, or otherwise, of the amount of any liability of any taxes, fees, or other liability; (10) Bringing suit by the department, or any officer on its behalf, in respect of any liability in respect of any taxes, fees, or other liability; and (11) Any other action required or permitted under the laws administered by the commissioner." SECTION 5. Said title is further amended by striking Code Section 48-8-58, relating to sales and use tax return allowances, and inserting in its place a new Code Section 48-8-58 to read as follows: "48-8-58. (a)(1) As used in this subsection, the term 'return allowance' means the amount of the sales price or cost price refunded by the dealer to the purchaser in cash or credit. No credit shall be allowed to the dealer under this subsection for taxes collected by him such dealer from the purchaser unless the taxes collected have been returned by him the dealer to the purchaser. (2) When property sold is subsequently returned by agreement to the dealer by the purchaser, the dealer shall be entitled to credit for the tax imposed by this article with respect to the return allowance, in the manner prescribed by the commissioner, as follows: (A) If property is returned within 90 days from the date of sale, the The dealer in his the original return for the taxable period in which the return of the property is allowed by him may deduct from his the dealer's gross sales the amount of the return allowance; or (B) If property is returned more than 90 days from the date of sale, no credit shall be allowed except upon application for a credit memorandum in the amount of the tax imposed with respect to the return allowance. The application shall be made and the credit memorandum issued in the manner prescribed by the commissioner. The application shall be made within the time provided by law for the filing of claims for refund. The credit memorandum shall be applied by the dealer to his liability for each succeeding taxable period until exhausted; or THURSDAY, MARCH 2, 2006 1783 (B)(C) When a dealer has retired from business and has filed a final return, a claim for refund of the tax for which the dealer would be entitled to credit under this subsection may be filed within the time and in the manner prescribed by law under Code Section 48-2-35. (b) The commissioner shall make available to dealers all necessary forms for filing returns and instructions to ensure a full collection from dealers and an accounting for the taxes due. Failure of any dealer to secure the commissioner's forms shall not relieve the dealer from the payment of the tax at the time and in the manner provided in this article. (c) The commissioner shall promulgate any rules and regulations necessary to implement this Code section." SECTION 6. (a) Except as otherwise provided in 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 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, 2006. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 2006, 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 7. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: 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 E Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Sailor Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V 1784 JOURNAL OF THE HOUSE 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 Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C 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 Neal Y Oliver Y O'Neal E 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 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 167, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Jones of the 46th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1326. By Representatives Coan of the 101st, Williams of the 4th, Butler of the 18th, Carter of the 159th, Cox of the 102nd and others: A BILL to be entitled an Act to amend Code Section 34-8-156 of the Official Code of Georgia Annotated, relating to the State-wide Reserve Ratio for unemployment compensation, so as to change certain provisions regarding adjustment in contribution rates; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 34-8-156 of the Official Code of Georgia Annotated, relating to the State-wide Reserve Ratio for unemployment compensation, so as to change certain provisions regarding adjustment in contribution rates; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 2, 2006 1785 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 34-8-156 of the Official Code of Georgia Annotated, relating to the Statewide Reserve Ratio for unemployment compensation, is amended by striking in its entirety subparagraph (d)(4)(B) 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 periods of January 1 through December 31, 2006 2004; January 1 through December 31, 2005; and January 1 through December 31, 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 on the computation date with respect to rates applicable to calendar year 2004, 2005, or 2006, then for each such year 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; and provided, further, that for the period of January 1 through December 31, 2007, 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 1.25 percent on the computation date with respect to rates applicable to calendar year 2007, 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." 1786 JOURNAL OF THE HOUSE 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 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 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 E Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 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 E Millar 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 E Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor 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 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 164, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. THURSDAY, MARCH 2, 2006 1787 Representative Jones of the 46th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1658. By Representative Knight of the 126th: A RESOLUTION commending Miss Alexa Cocker and inviting her to appear before the House of Representatives; and for other purposes. HR 1659. By Representatives Maxwell of the 17th, Richardson of the 19th, Reese of the 98th, Cox of the 102nd and Geisinger of the 48th: A RESOLUTION commending Jeff Dillard for his role in saving the life of Kenny Edwards and inviting him to appear before the House of Representatives; and for other purposes. HR 1660. By Representatives Sheldon of the 105th, Coleman of the 97th and Reese of the 98th: A RESOLUTION commending the BEST Robotics team from Mill Creek High School and inviting its members to the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1187. By Representatives Willard of the 49th, Geisinger of the 48th, Lindsey of the 54th, Holmes of the 61st, Burkhalter of the 50th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to provide for an additional county classification for appraisal staff purposes; to change certain provisions regarding composition and duties of county appraisal staffs; to change certain provisions regarding designation and duties of chief appraisers; to change certain provisions regarding selection of the chairperson of the board of tax assessors; to provide an effective date; to repeal conflicting laws; and for other purposes. Representative Dean of the 59th moved that HB 1187 be recommitted to the Committee on Ways & Means. 1788 JOURNAL OF THE HOUSE 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 N Bearden Beasley-Teague Y Benfield N Benton N Black Y Bordeaux N Borders N Bridges Y Brooks N Brown 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 N Channell N Cheokas N Coan N Cole N Coleman, B Coleman, T N Cooper N Cox N Crawford N Cummings N Davis E Day Y Dean N Dickson N Dodson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Everson 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 Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A Y Holmes N Holt N Horne N Houston Y Howard, E N Hudson Y Hugley Y Jackson N Jacobs Y James Jamieson Y Jenkins N Jennings N Johnson N Jones, J Y Jones, S 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 Mangham N Manning Marin N Martin N Maxwell N May N McCall E McClinton N Meadows E Millar N Mills Y Mitchell Morgan N Morris Mosby N Mosley N Mumford Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal E Orrock Parham N Parrish N Parsons Y Porter N Powell N Ralston Y 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 N Shaw N Sheldon N Sims, C Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, P N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton N Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker N Warren Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R N Wix N Yates Richardson, Speaker On the motion, the ayes were 42, nays 118. The motion was lost. Representative Holmes of the 61st moved that HB 1187 be placed upon the table. 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 N Crawford N Cummings N Davis E Day Y Dean N Hill, C.A Y Holmes N Holt N Horne N Houston N Martin N Maxwell N May N McCall E McClinton Y Sailor N Scheid N Scott, A N Scott, M N Setzler THURSDAY, MARCH 2, 2006 1789 Y Barnes N Bearden Beasley-Teague Y Benfield N Benton N Black Y Bordeaux N Borders N Bridges Y Brooks N Brown 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 N Channell N Cheokas N Coan N Cole N Coleman, B Coleman, T N Cooper N Cox N Dickson N Dodson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming 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 Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C Y Howard, E N Hudson Y Hugley Y Jackson N Jacobs Y James Y Jamieson Y Jenkins N Jennings N 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 Mangham N Manning Marin N Meadows E Millar N Mills Y Mitchell Morgan N Morris Y Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal E Orrock Parham N Parrish N Parsons Y Porter N Powell N Ralston Y Randall N Ray Y Reece, B N Reece, S N Reese N Rice N Roberts N Rogers N Royal N Rynders N Shaw N Sheldon N Sims, C Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, P N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton N Teilhet Y Thomas, A.M Thomas, B N Tumlin N Walker Y Warren Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R N Wix N Yates Richardson, Speaker On the motion, the ayes were 45, nays 118. The motion was lost. The following Committee substitute was read and adopted: A BILL To amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to provide for an additional county classification for appraisal staff purposes; to change certain provisions regarding composition and duties of county appraisal staffs; to change certain provisions regarding designation and duties of chief appraisers; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 1790 JOURNAL OF THE HOUSE SECTION 1. Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, is amended by striking Code Section 48-5-261, relating to classification of counties, and inserting in its place a new Code Section 48-5-261 to read as follows: "48-5-261. For the purpose of administering this part, the counties of this state are placed in the following classes: (1) Class I -- Counties having less than 3,000 parcels of real property; (2) Class II -- Counties having at least 3,000 but less than 8,000 parcels of real property; (3) Class III -- Counties having at least 8,000 but less than 15,000 parcels of real property; (4) Class IV -- Counties having at least 15,000 but less than 25,000 parcels of real property; (5) Class V -- Counties having at least 25,000 but less than 35,000 parcels of real property; (6) Class VI -- Counties having at least 35,000 but less than 50,000 parcels of real property; (7) Class VII -- Counties having at least 50,000 but less than 100,000 parcels of real property; and (8) Class VIII -- Counties having at least 100,000 or more but less than 275,000 parcels of real property.; and (9) Class IX -- Counties having 275,000 or more parcels of real property." SECTION 2. Said article is further amended by striking Code Section 48-5-262, relating to composition and duties of county appraisal staffs, and inserting in its place a new Code Section 48-5-262 to read as follows: "48-5-262. (a) Class I counties shall provide for an appraisal staff pursuant to paragraph (1) of Code Section 48-5-260 by: (1) Employing a full-time appraiser; (2) Contracting with a contiguous county to provide the staff requirement; or (3) Contracting with a professional appraisal person to provide the staff requirement. (b) Each county other than Class I counties shall employ a minimum staff of appraisers, to be known as the county property appraisal staff, to perform the duties set forth in this part. For compensation purposes, the appraisers will be designated, lowest grade first, as Appraiser I, Appraiser II, Appraiser III, and Appraiser IV. (c) The minimum staff requirement for each county shall be as follows: (1) Class II counties -- One Appraiser III; (2) Class III counties -- One Appraiser III and one Appraiser I; (3) Class IV counties -- One Appraiser III, one Appraiser II, and one Appraiser I; THURSDAY, MARCH 2, 2006 1791 (4) Class V counties -- Two Appraisers III, two Appraisers II, and one Appraiser I; (5) Class VI counties -- One Appraiser IV, two Appraisers III, two Appraisers II, and one Appraiser I; (6) Class VII counties -- One Appraiser IV, four Appraisers III, one Appraiser II, and two Appraisers I; (7) Class VIII counties -- Two Appraisers IV, eight Appraisers III, five Appraisers II, and five Appraisers I.; (8) Class IX counties -- Two Appraisers IV, eight Appraisers III, five Appraisers II, and five Appraisers I. (d) The establishment of minimum staff requirements shall not preclude any county from employing additional appraisers in order to carry out this part. (e)(1) As used in this subsection, the term 'county civil service system' means any county civil service system, county merit system, county personnel plan or policy, or stated rules of work. (2)(A) The Except as otherwise provided in subparagraph (B) of this paragraph, the county governing authority shall be authorized, in its discretion and upon adoption of the appropriate resolution or ordinance, to provide that staff and employees of the county board of tax assessors shall be positions of employment covered by the county civil service system. Following the adoption of such ordinance or resolution, the county board of tax assessors may hire and manage such employees, but only in compliance with the county civil service system. The failure of the county board of tax assessors to comply with the requirements of such system shall be grounds for removal of one or more members of the county board of tax assessors pursuant to subsection (b) of Code Section 48-5-295. (B) The chief appraiser, appraisers, staff, and employees of the county board of tax assessors in Class IX counties shall be positions of employment covered by the county civil service system. The county manager may hire and manage the chief appraiser, appraisers, staff, and employees in compliance with the county civil service system. The failure of the county board of tax assessors to comply with the requirements of such system shall be grounds for removal of one or more members of the county board of tax assessors pursuant to subsection (b) of Code Section 485-295." SECTION 3. Said article is further amended by striking Code Section 48-5-264, relating to designation and duties of chief appraisers, and inserting in its place a new Code Section 48-5-264 to read as follows: "48-5-264. (a) The Except as otherwise provided in subsection (b) of this Code section, the board of tax assessors in each county other than a Class IX county shall designate an Appraiser IV or, in those counties not having an Appraiser IV, an Appraiser III as the chief appraiser of the county. 1792 JOURNAL OF THE HOUSE (b) In each Class IX county, the chief appraiser shall be selected pursuant to subparagraph (e)(2)(B) of Code Section 48-5-262. (c) The chief appraiser shall be responsible for: (1) The operation and functioning of the county property appraisal staff; (2) Certifying and signing documents prepared by the staff; and (3) Implementing procedures deemed necessary for the efficient operation of the staff. (b)(d) The chief appraiser of any county other than a Class IX county may appoint an assistant and may delegate his such chief appraiser's authority in writing to the assistant. (c)(e) The chief appraiser may be a member of the county board of tax assessors." SECTION 4. Said article is further amended by striking subsection (b) of Code Section 48-5-290, relating to creation of county boards of tax assessors, and inserting in its place a new subsection (b) to read as follows: "(b) Except as otherwise provided in Code Section 48-5-309 with respect to the election of board members, each county board of tax assessors shall consist of not less than three nor more than five members to be appointed by the county governing authority." SECTION 5. Said article is further amended by striking Code Section 48-5-309, relating to applicability of such article to certain boards of tax assessors, and inserting in its place new Code Sections 48-5-309 and 48-5-309.1 to read as follows: "48-5-309. (a) Nothing contained in Code Sections 48-5-291 through 48-5-300 and 48-5-302 through 48-5-308 regarding appointment, terms of office, vacancies, removals, qualifications, or compensation of members of county boards of tax assessors shall apply to any county which has elected to elect the members of its county board of tax assessors. (b) Nothing contained in Code Sections 48-5-291 through 48-5-297, 48-5-299, 48-5300, and 48-5-302 through 48-5-308 regarding appointment or terms of office of members of county boards of tax assessors shall apply to Class IX counties. 48-5-309.1 In each Class IX county, the members of the board of assessors shall be nominated by the chairperson of the county board of commissioners subject to approval by the county board of commissioners. The members shall be appointed for terms of office of four years. The members shall serve only for the duration of the four-year term and shall serve until their respective successors are appointed and qualified. No person shall be eligible to serve as a member of the board of assessors more than two terms of office." THURSDAY, MARCH 2, 2006 1793 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 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 E Anderson N Ashe Y Barnard N Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown Bruce N Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis E Day N Dean Y Dickson Y Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England Y Epps Y Everson 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 N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E Y Hudson N Hugley N Jackson Y Jacobs N James N Jamieson N 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 Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills N Mitchell Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal Y Oliver Y O'Neal E Orrock Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker 1794 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 124, nays 44. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1257. By Representatives Knox of the 24th, Maxwell of the 17th, Meadows of the 5th and Watson of the 91st: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselor's license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselor's license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; 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 subparagraph (AA) of paragraph (6) of Code Section 33-8-1, relating to fees and charges generally, and inserting in lieu thereof a new subparagraph (AA) to read as follows: "(AA) Amendment of filings 25.00 Provided, however, that the Commissioner, in his or her discretion, may exempt from such fee change of address filings done off line by agents, subagents, counselors, and adjusters. (AA.1) Change of address filings done on line by agents, subagents, counselors, and adjusters No charge" THURSDAY, MARCH 2, 2006 1795 SECTION 2. Said title is further amended by striking paragraph (6) of subsection (a) of Code Section 33-23-5, relating to qualifications and requirements for license, and inserting in lieu thereof a new paragraph (6) to read as follows: "(6) If applying for a license as counselor, the applicant must show that he or she either has had five years experience acting as either as an agent, subagent, or adjuster or in some other phase of the insurance business or has sufficient teaching or educational qualifications or experience which, in the opinion of the Commissioner, has qualified the applicant to act as such counselor; and the applicant shall pass such examination as shall be required by the Commissioner unless the applicant is exempted by the Commissioner, based on the applicant's experience and qualifications and pursuant to a regulation adopted by the Commissioner;". SECTION 3. Said title is further amended by striking Code Section 33-23-25, relating to place of business, and inserting a new Code Section 33-23-25 to read as follows: "33-23-25. Every licensed agent, subagent, counselor, and adjuster shall have and maintain in this state or, if a nonresident licensee, in the state of domicile, a place of business accessible to the public. The place of business shall be that wherein the licensee principally conducts transactions pursuant to the license. The address of the place of business shall appear on all licenses of the resident licensee be maintained by the Commissioner. All resident and nonresident licensees shall promptly notify the Commissioner in writing within 30 days of any change in the business address." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Crawford Y Cummings Y Davis E Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Morgan Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield 1796 JOURNAL OF THE HOUSE 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 Ehrhart Y England Y Epps Y Everson 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 Y Henson Y Hill, C 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 Manning Y Marin Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver O'Neal E 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, 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 167, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1308. By Representative Brown of the 69th: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia, relating to the care and protection of indigent and elderly patients, so as to change certain provisions relating to the maximum amount of aggregate nursing home provider fees which must be paid; to change certain provisions relating to the assessment, calculation, and payment of quality assessment fees on care management organizations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following amendment was read and adopted: Representative Brown of the 69th moves to amend HB 1308 by inserting after "assessed pursuant to" on line 17 of page 1 the following: THURSDAY, MARCH 2, 2006 1797 the percentage limitation of the first prong of the test for an indirect guarantee set out in 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 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 Cooper Y Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J 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 Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 E 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 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 E Wilkinson Y Willard Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, as amended, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. 1798 JOURNAL OF THE HOUSE 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. 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 establish the conditions for minors to become emancipated by law; to provide for definitions; to provide for the rights and duties of parents, and guardians; 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 amend Titles 1, 13, 19, and 44, relating respectively to general provisions, contracts, domestic relations, and property, so as to correct cross-references; to change certain provisions relating to rights of minors; to change certain provisions relating to minors contracts for property or valuable consideration or necessaries; to change certain provisions relating to in whom parental power lies; to change certain provisions relating to parents obligation to child born out of wedlock; to change certain provisions relating to abandonment of a dependent child; to change certain provisions relating to voidance and ratification of conveyance to or by an infant; to change certain provisions relating to reversion of property set apart for spouse, children, or dependents; 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 adding a new article to the end of the chapter, to read as follows: THURSDAY, MARCH 2, 2006 1799 "ARTICLE 6 15-11-200. As used in this article, the term: (1) 'Emancipation' means termination of the rights of the parents to the custody, control, services, and earnings of a minor. (2) 'Minor' means a person under the age of 18 years. (3) 'Parents' has the same meaning as set forth in Code Section 15-11-2. 15-11-201. (a) Emancipation may occur by operation of law or pursuant to a petition filed by a minor with the juvenile court as provided in this article. (b) An emancipation occurs by operation of law: (1) When a minor is validly married; (2) When a person reaches the age of 18 years; or (3) During the period when the minor is on active duty with the armed forces of the United States. (c) An emancipation occurs by court order pursuant to a petition filed by a minor with the juvenile court as provided in Code Sections 15-11-202 through 15-11-207. 15-11-202. A minor seeking emancipation shall file a petition for emancipation in the juvenile court in the county where the minor resides. The petition shall be signed and verified by the minor, and shall include: (1) The minor's full name and birth date, and the county and state where the minor was born; (2) A certified copy of the minor's birth certificate; (3) The name and last known address of the minor's parents or guardian, and if no parent or guardian can be found, the name and address of the minor's nearest living relative residing within this state; (4) The minor's present address and length of residency at that address; (5) A declaration by the minor indicating that he or she has demonstrated the ability to manage his or her financial affairs; the minor may include any information he or she considers necessary to support the declaration; (6) A declaration by the minor indicating that he or she has the ability to manage his or her personal and social affairs; the minor may include any information he or she considers necessary to support the declaration; and (7) The names of adults who have personal knowledge of the minor's circumstances and believe that under those circumstances emancipation is in the best interest of the minor. Such individuals may include any of the following: (A) Physician or osteopath licensed pursuant to Chapter 34 of Title 43; (B) Registered professional nurse or licensed practical nurse licensed pursuant to Chapter 26 of Title 43; 1800 JOURNAL OF THE HOUSE (C) Psychologist licensed pursuant to Chapter 39 of Title 43; (D) Professional counselor, social worker, or marriage and family therapist licensed pursuant to Chapter 10A of Title 43; (E) School guidance counselor, school social worker, or school psychologist; (F) School administrator, school principal, or school teacher; (G) Member of the clergy; (H) Law enforcement officer; or (I) Attorney. 15-11-203. (a) Upon filing the petition, a copy of the petition for emancipation and a summons to appear at the hearing shall be served on the minor's parents or guardian, if applicable, upon any individual who provided an affidavit as set forth in paragraph (7) of Code Section 15-11-202, and any other individual named in the petition. (b) Any individual served with the petition for emancipation may file an answer to such petition in the juvenile court within 30 days of being served. 15-11-204. (a) After a petition for emancipation is filed, the court may: (1) Assign an employee of the court or appoint a guardian ad litem to investigate the allegations of the petition and to file a report containing the results of the investigation with the court, including a recommendation as to whether it is in the best interest of the minor that the petition for emancipation be granted; (2) Appoint an attorney for the minor; and (3) Appoint an attorney for the minor's parents or guardian if they are indigent and if they oppose the petition. (b) After a petition for emancipation is filed, the court shall seek an affidavit from each individual identified in the petition pursuant to paragraph (7) of Code Section 15-11202 which describes why the individual believes the minor should be emancipated. 15-11-205. (a) The hearing shall be before a judge; and the court shall issue an emancipation order if it determines that emancipation is in the best interest of the minor and the minor establishes: (1) That the minor's parent or guardian does not object to the petition; or if a parent or guardian objects to the petition, that the best interest of the child is served by allowing the emancipation to occur by court order; (2) That the minor is a resident of this state; (3) That the minor has demonstrated the ability to manage his or her financial affairs, including proof of employment or other means of support; 'other means of support' does not include general assistance or aid received from means-tested public assistance programs such as Temporary Assistance for Needy Families or similar programs under Title IV-A of the federal Social Security Act; THURSDAY, MARCH 2, 2006 1801 (4) That the minor has the ability to manage his or her personal and social affairs, including, but not limited to, proof of housing; and (5) That the minor understands his or her rights and responsibilities under this article as an emancipated minor. (b) A minor who petitions the court for emancipation shall have the burden of showing by a preponderance of evidence that emancipation should be ordered. (c) If the court issues an emancipation order, the court shall retain a copy of the order until the emancipated minor becomes 25 years of age. (d) An emancipation obtained by fraud is voidable. Voiding an emancipation order does not affect an obligation, responsibility, right, or interest that arose during the period of time the order was in effect. (e) The minor or a parent or guardian of the minor may appeal the court's grant or denial of an emancipation petition. The appeal shall be filed in the Court of Appeals. 15-11-206. (a) A minor emancipated by court order may petition the juvenile court that issued the emancipation order to rescind such order. (b) A copy of the petition for rescission and a summons shall be served on the minor's parents or guardian. (c) The court shall grant the petition and rescind the order of emancipation if it finds: (1) That the minor is indigent and has no means of support; (2) That the minor and the minor's parents or guardian agrees that the order should be rescinded; or (3) That there is a resumption of family relations inconsistent with the existing emancipation order. (d) If a petition for rescission is granted, the court shall issue an order rescinding the emancipation order and retain a copy of the order until the minor becomes 25 years of age. (e) Rescission of an emancipation order does not alter any contractual obligations or rights or any property rights or interests that arose during the period of time that the emancipation order was in effect. (f) The minor or a parent or guardian of the minor may appeal the court's grant or denial of a petition for rescission of an emancipation order. The appeal shall be filed in the Court of Appeals. 15-11-207. (a) A minor emancipated by operation of law or by court order shall be considered to have the rights and responsibilities of an adult, except for those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, and other health and safety regulations relevant to the minor because of his or her age. The rights of a minor to receive any transfer of property or money pursuant to 'The Georgia Transfers to Minors Act' under Article 5 of Chapter 5 of Title 44; under the Uniform Transfers to Minors Act, the Uniform Gift to Minors Act, or other substantially similar 1802 JOURNAL OF THE HOUSE act of another state; or pursuant to a trust agreement shall not be affected by a declaration of an emancipation under this article. (b) A minor shall be considered emancipated for the purposes of, but not limited to: (1) The right to enter into enforceable contracts, including apartment leases; (2) The right to sue or be sued in his or her own name; (3) The right to retain his or her own earnings; (4) The right to establish a separate domicile; (5) The right to act autonomously, and with the rights and responsibilities of an adult, in all business relationships, including, but not limited to, property transactions and obtaining accounts for utilities, except for those estate or property matters that the court determines may require a conservator or guardian ad litem; (6) The right to earn a living, subject only to the health and safety regulations designed to protect those under the age of 18 regardless of their legal status; (7) The right to authorize his or her own preventive health care, medical care, dental care, and mental health care, without parental knowledge or liability; (8) The right to apply for a driver's license or other state licenses for which he or she might be eligible; (9) The right to register for school; (10) The right to apply for medical assistance programs and for other welfare assistance, if needed; (11) The right, if a parent, to make decisions and give authority in caring for his or her own minor child; and (12) The right to make a will. (c) The parents or guardian of a minor emancipated by court order are not liable for any debts incurred by the minor during the period of emancipation. 15-11-208. (a) The duty to provide support for a minor child shall continue until an emancipation order is granted. (b) A child emancipated under this article shall not be considered a 'deprived child' for purposes of Part 6 of Article 1 of this chapter. (c) The provisions set forth in Code Section 19-3-2 regarding age limitations to contract for marriage shall apply to a minor who has become emancipated under this article." SECTION 2. Title 1 of the Official Code of Georgia Annotated, relating to general provisions, is amended by striking Code Section 1-2-8, relating to rights of minors, and inserting in lieu thereof the following: "1-2-8. The law prescribes certain ages at which persons shall be considered of sufficient maturity to discharge certain civil functions, to make contracts, and to dispose of property. Prior to those ages they are minors and are, on account of that disability, THURSDAY, MARCH 2, 2006 1803 unable to exercise these rights as citizens unless such minor becomes emancipated by operation of law or pursuant to Article 6 of Chapter 11 of Title 15." SECTION 3. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended by striking Code Section 13-3-20, relating to minors contracts for property or valuable consideration or necessaries, and inserting in lieu thereof the following: "13-3-20. (a) Generally the contract of a minor is voidable. If in a contractual transaction a minor receives property or other valuable consideration and, after arrival at the age of majority 18, retains possession of such property or continues to enjoy the benefit of such other valuable consideration, he the minor shall have thereby ratified or affirmed the contract and it shall be binding on him or her. Such contractual transaction shall also be binding upon any minor who becomes emancipated by operation of law or pursuant to Article 6 of Chapter 11 of Title 15. (b) The contract of a minor for necessaries shall be binding on him as if he were of legal majority the minor as if the minor were 18 years of age except that the party furnishing them to him must the minor shall prove that the parent or guardian of such minor had failed or refused to supply sufficient necessaries for him the minor, that the minor was emancipated by operation of law, or the minor was emancipated pursuant to Article 6 of Chapter 11 of Title 15." SECTION 4. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking subsection (a) of Code Section 19-7-1, relating to in whom parental power lies, and inserting in lieu thereof the following: "(a) Until he a child reaches the age of majority 18 or becomes emancipated, the child shall remain under the control of his or her parents, who are entitled to his the child's services and the proceeds of his the child's labor. In the event that a court has awarded custody of the child to one parent, only the parent who has custody of the child is entitled to his the child's services and the proceeds of his the child's labor." SECTION 5. Said title is further amended by striking Code Section 19-7-24, relating to parents obligation to child born out of wedlock, and inserting in lieu thereof the following: "19-7-24. It is the joint and several duty of each parent of a child born out of wedlock to provide for the maintenance, protection, and education of the child until he the child reaches the age of majority 18 or becomes emancipated, except to the extent that the duty of one parent is otherwise or further defined by court order." SECTION 6. Said title is further amended by striking paragraph (2) of subsection (j) of Code Section 1804 JOURNAL OF THE HOUSE 19-10-1, relating to abandonment of a dependent child, and inserting in lieu thereof the following: "(2) Service of any sentence suspended in abandonment cases may be ordered by the court having jurisdiction thereof at any time before the child or children reach the age of majority 18 or become emancipated, after a hearing as provided in paragraph (1) of this subsection and a finding by the court that the defendant has failed or refused to comply with the terms and conditions upon which service of the sentence was suspended by the court having jurisdiction thereof." SECTION 7. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by striking Code Section 44-5-41, relating to voidance and ratification of conveyance to or by an infant, and inserting in lieu thereof the following: "44-5-41. A deed, security deed, bill of sale to secure debt, or any other conveyance of property or interest in property to or by a minor is voidable unless such minor has become emancipated by operation of law or pursuant to Article 6 of Chapter 11 of Title 15. If a minor has conveyed property or an interest in property, he the minor may void the conveyance upon arrival at the age of majority 18; and, if he the minor makes another conveyance at that time, it will void the first conveyance without reentry or repossession. If property or an interest in property has been conveyed to a minor and, after arrival at the age of majority 18, he the minor retains the possession or benefit of the property or interest in property, he the minor shall have thereby ratified or affirmed the conveyance." SECTION 8. Said title is further amended by striking Code Section 44-13-20, relating to reversion of property set apart for spouse, children, or dependents, and inserting in lieu thereof the following: "44-13-20. Property set apart pursuant to Code Section 44-13-2 for a spouse, for a spouse and minor children, for minor children alone, or for dependents of a debtor (1) upon the death of the spouse or the spouse's remarriage, when set apart to the spouse alone, (2) upon the attaining of the age of majority 18 by the minor children or their marriage emancipation during minority, when set apart for the minor children, (3) upon the death or remarriage of the spouse and the attaining of the age of majority 18 by the minor children or the marriage emancipation of the minor children, when set apart to the spouse and minor children, and (4) upon a former dependent person's no longer being eligible to be claimed by the debtor as a dependent for income tax purposes pursuant to Code Section 48-7-26, shall revert to the estate from which it was set apart unless it was sold or reinvested pursuant to this article, in which case this Code section shall apply to and follow all the reinvestments unless the fee simple has been sold as provided in this article." THURSDAY, MARCH 2, 2006 1805 SECTION 9. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Amerson E Anderson 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 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 E Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Y McCall E McClinton Y Meadows E Millar 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 E 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 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 Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 1806 JOURNAL OF THE HOUSE Due to a mechanical malfunction, the vote of Representative Smyre of the 132nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1014. By Representatives Tumlin of the 38th, Ehrhart of the 36th, Jones of the 44th, Golick of the 34th, Manning of the 32nd and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend the automatic repeal date for an exemption for overhead materials of a government contractor; to delete obsolete language; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend the automatic repeal date for an exemption for overhead materials of a government contractor; to delete obsolete language; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by striking paragraph (58) in its entirety and inserting in lieu thereof the following: "(58)(A) Notwithstanding any provisions of this chapter to the contrary, sales to or use by a government contractor of overhead materials in performance of a contract with the United States government to which title passes immediately to the government under the terms of the contract. (B) As used in this paragraph, the term: (i) 'Government contractor' means a person who enters into a contract with the United States Department of Defense or the National Aeronautics and Space Administration to sell services or tangible personal property, or both, for the purpose of the national defense. (ii) 'Overhead materials' means any tangible personal property used or consumed in the performance of a contract between the United States Department of Defense or the National Aeronautics and Space Administration and a government contractor, the cost of which is charged to an expense account and allocated to various United States government contracts based upon generally accepted accounting principles, and consistent with government contract accounting THURSDAY, MARCH 2, 2006 1807 standards. The term overhead materials does not include tangible personal property which is incorporated into real property construction. (C) The exemption provided for in this paragraph shall be applicable to all calendar years beginning on or after January 1, 1997, as follows: (i) At the rate of 25 percent of the total sale or use as provided in subparagraph (A) for the calendar year beginning January 1, 1997; (ii) At the rate of 50 percent of the total sale or use as provided in subparagraph (A) for the calendar year beginning January 1, 1998; (iii) At the rate of 75 percent of the total sale or use as provided in subparagraph (A) for the calendar year beginning January 1, 1999; and (iv) At the rate of 100 percent of the total sale or use as provided in subparagraph (A) for the calendar year beginning January 1, 2000, and for each calendar year thereafter. (D) This paragraph shall stand repealed on January 1, 2007 2009;". 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 Y Barnes Y Bearden Y 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 Y Burmeister Y Burns Y Butler Y Byrd Y Crawford Y Cummings Y Davis E Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 E Orrock Parham Y Parrish Y Parsons Y Porter Y Powell 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 1808 JOURNAL OF THE HOUSE Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman, B Y Coleman, T Cooper Y Cox 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 Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1105. By Representatives Dodson of the 75th, Tumlin of the 38th, Manning of the 32nd and Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for the documentation of full-time engagement in the performance of a contracting business; to provide a fine and penalties for the unauthorized use of a license number of a conditioned air contractor; to provide for the issuance of certificates of authorization; to provide that a contract of an unlicensed contractor is unenforceable; 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 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for the documentation of full-time engagement in the performance of a conditioned air contracting business; to provide a fine and penalties for the unauthorized use of a license number of a conditioned air contractor; to provide that a contract of an unlicensed conditioned air contractor is unenforceable; to provide for renewal of certificates; 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: THURSDAY, MARCH 2, 2006 1809 SECTION 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking subsection (h) of Code Section 43-14-8, relating to licensing required for electrical, plumbing, or conditioned air contracting, and inserting a new subsection (h) to read as follows: "(h) No partnership, limited liability company, or corporation shall have the right to engage in the business of conditioned air contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons actually engaged in the performance of such business on a full-time basis who have valid licenses issued to them as provided for in this chapter; provided, however, that partners, officers, and employees of the individual who fulfilled the licensing requirements shall continue to be authorized to engage in the business of conditioned air contracting under a license which was valid at the time of the licensee's death for a period of 90 180 days following the date of such death. The board shall have the authority to require such documentation as is necessary to determine whether any person engaged in the business of conditioned air contracting is in fact engaged in the performance of such business on a full-time basis." SECTION 2. Said chapter is further amended by striking subsection (e) of Code Section 43-14-12.1, relating to evidence of violation of licensing requirements, and inserting in lieu thereof new subsections (e) and (f) to read as follows: "(e) In the event that any person misappropriates and uses the license number of a licensed conditioned air contractor in any manner in which he or she is not so authorized, including, but not limited to, obtaining a construction or building permit, the board shall be authorized to impose a civil penalty not to exceed $1,000.00 for each occurrence thereof. Furthermore, such person may be prohibited from obtaining a conditioned air license for a period of five years from the date of the last violation in the event that he or she makes application to the board for such license. (f) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. 1810 JOURNAL OF THE HOUSE 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 Y 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 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 Davis E Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D E 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, E 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 Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Morgan Morris Y Mosby Y Mosley Y Mumford Murphy, J Y Murphy, Q Y Neal Y Oliver O'Neal E 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 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 E 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 159, 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. THURSDAY, MARCH 2, 2006 1811 HB 1253. By Representatives Rice of the 51st, Murphy of the 23rd, Talton of the 145th and Dollar of the 45th: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers licenses, so as to provide for reinstatement of a minor's license upon proof of graduation from high school; to provide that social security numbers shall not be used on driver's licenses; to provide for a suspension for violation of restrictions on a driver's license; to add a license suspension for failure to appear in a federal court in this state; to clarify the habitual violator permit eligibility provisions; to provide for confidentiality of medical reports used for medical revocation of a driver's license; to change the times relating to restoring full driving privileges from a limited driving permit; to clarify that trafficking is grounds for a driver's license suspension; to amend Chapter 6 of Title 40 of the O.C.G.A., relating to the uniform rules of the road, so as to clarify the penalty for racing on a highway; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to provide for reinstatement of a minor's license upon proof of graduation from high school; to provide that social security numbers shall not be used on driver's licenses; to provide for a suspension for violation of restrictions on a driver's license; to add a license suspension for failure to appear in a federal court in this state; to clarify the habitual violator permit eligibility provisions; to provide for confidentiality of medical reports used for medical revocation of a driver's license; to provide that each violation of a provision that leads to a license suspension is treated as a separate transaction; to change the times relating to restoring full driving privileges from a limited driving permit; to clarify that trafficking is grounds for a driver's license suspension; to provide a penalty for driving a vehicle in violation of an out of service order; to provide that applicants for commercial driver's licenses must take the Highway Watch safety and security program; to allow for issuance of nonresident commercial driver's licenses; to clarify the requirements for commercial driver's licenses with a hazardous materials endorsement; to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to clarify the penalty for racing on a highway; to provide that a speeding conviction must specify the amount by which the speed limit was exceeded; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 1812 JOURNAL OF THE HOUSE SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended by striking the undesignated text following division (a.1)(2)(C)(v) of Code Section 40-5-22, relating to minimum age for licensees, school attendance requirements, and driving training requirements, in its entirety and inserting in its place the following: "Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the minor to return immediately the instruction permit or driver's license to the department and information summarizing the minor's right to request an exemption from the provisions of this subsection. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. The department shall be authorized to grant an exemption from the provisions of this subsection to a minor, upon such minor's petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minor's family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or driver's license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period of one year or shall end upon the date of such minor's eighteenth birthday or upon receipt of satisfactory proof that the minor is pursuing or has received a general educational development (GED) diploma, a high school diploma, a special diploma, a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school, whichever comes first." SECTION 2. Said chapter is further amended by striking Code Section 40-5-28.1, relating to use of social security numbers on drivers licenses, in its entirety and inserting in its place the following: "40-5-28.1. No license or permit issued or renewed on or after July 1, 1997 2006, pursuant to this article shall contain the social security number of the licensee or permit holder unless such person specifically requests the use of such number." SECTION 3. THURSDAY, MARCH 2, 2006 1813 Said chapter is further amended by striking subsection (c) of Code Section 40-5-30, relating to restricted driver's licenses, in its entirety and inserting in its place the following: "(c) The department, upon receiving satisfactory evidence of any violation of the restrictions of such license, may revoke suspend the license, but the licensee shall be entitled to a hearing as upon a revocation under subsection (c) of Code Section 40-5-59 for a period of six months. No person shall operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him or her." SECTION 4. Said chapter is further amended by striking Code Section 40-5-56, relating to driver's license suspensions for failure to respond to a citation and appear before a court of competent jurisdiction, in its entirety and inserting in its place the following: "40-5-56. (a) Notwithstanding any other provisions of this chapter or any other law to the contrary, the department shall suspend the driver's license or privilege to operate a motor vehicle in this state of any person who has failed to respond to a citation to appear before a court of competent jurisdiction of in this state or of in any other state for a traffic violation other than a parking violation. The department shall forthwith notify such person that his license is to be suspended subject to review as provided for in this chapter. (b) The person so notified may request a hearing within ten days from the date of receipt of notice sent by registered mail or statutory overnight delivery. 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. If no hearing is requested within the ten days specified above, the right to a hearing shall have been waived and the license of the driver shall be suspended. (c) The suspension provided for in this Code section shall be for an indefinite period until such person shall respond and pay any fines and penalties imposed. Such person's license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail to the department. Such suspension shall be in addition to any other suspension or revocation provided for in this chapter." SECTION 5. Said chapter is further amended by striking subparagraph (e)(1)(A) of Code Section 40-558, relating to habitual violators and probationary licenses, in its entirety and inserting in its place the following: "(A) Such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of this chapter, Chapter 6 of this title, or any local ordinance relating to the movement of vehicles for a period of two years immediately preceding the application for a probationary driver's license;". 1814 JOURNAL OF THE HOUSE SECTION 6. Said chapter is further amended by enacting a new subsection (d) in Code Section 40-559, relating to reexamination of drivers believed to be incompetent or unqualified, to read as follows: "(d) The reports required by this Code section shall be confidential and shall be used solely for the purpose of determining the qualifications of any person to drive a motor vehicle on the highways of this state. No civil or criminal action may be brought against any person or agency for providing the information to the department for the purposes of this Code section. The reports, or any reference to the reports, shall not be included in any abstract prepared pursuant to Code Section 40-5-2." SECTION 7. Said chapter is further amended by striking the introductory language of subsection (a) and subsection (d) of Code Section 40-5-63, relating to driver's license suspensions for certain offenses, in their entirety and inserting in their place, respectively, the following: "(a) The driver's 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 driver's 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:; and further provided that each charge for which a conviction was obtained shall be treated as a separate transaction for the purpose of imposing a license suspension hereunder, even if said convictions arise from a single incident:" "(d)(1) 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 driver's 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. (2) For purposes of this subsection chapter, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle any violation of Code Section 40-6-393 or 40-6-394 shall constitute a conviction." SECTION 8. Said chapter is further amended by striking subsection (e) of Code Section 40-5-64, relating to limited driving permits for certain offenders, in its entirety and inserting in its place the following: "(e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the driver's eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following the effective date of THURSDAY, MARCH 2, 2006 1815 suspension of the applicant's driver's license issuance thereof in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-557, upon the expiration of 120 days following conviction in the case of or a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the driver's license. A person may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her driver's license to the court in which the conviction was adjudged or to the department if the department has processed the citation or conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit." SECTION 9. Said chapter is further amended by striking the introductory language of subsection (a) of Code Section 40-5-75, relating to suspension of driver's licenses by operation of law, in its entirety and inserting in its place the following: "(a) The driver's license of any person convicted of any violation of the Georgia Controlled Substances Act, including, but not limited to, possession, distribution, manufacture, cultivation, sale, transfer of, trafficking in, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer or traffic in a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such a substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391; or the law of any other jurisdiction shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:; provided that each charge for which a conviction was obtained shall be treated as a separate transaction for the purpose of imposing a license suspension hereunder, even if said convictions arise from a single incident:". SECTION 10. Said chapter is further amended by striking subsection (b) of Code Section 40-5-121, relating to driving while license is suspended or revoked, in its entirety and inserting in its place the following: 1816 JOURNAL OF THE HOUSE "(b)(1) The charge of driving with a suspended or disqualified license shall not be made where the suspension is a result of a failure to respond under Code Section 40-556 or an insurance cancellation unless the arresting officer has verified a service date and such date is placed on the uniform citation. If the suspension or disqualification is verified and the driver possesses a driver's license, the license shall be confiscated and mailed to the department. If the suspension or disqualification is not verified, the arresting officer shall serve the driver and attach the driver's license, if available, to the copy of service and send it to the department. (2) The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the license of such person was suspended, disqualified, or revoked, including suspensions under subsection (f) of Code Section 40-5-75, shall extend the period of suspension or disqualification for six months. The court shall be required to confiscate the license, if applicable, and attach it to the uniform citation and forward it to the department within ten days of conviction. The period of suspension or disqualification provided for in this Code section shall begin on the date the person is convicted of violating this Code section." SECTION 11. Said chapter is further amended by striking subparagraph (C) of paragraph (7) and the undesignated text following said subparagraph (C) and paragraphs (9) and (22) of Code Section 40-5-142, relating to definitions relevant to commercial driver's licenses, in their entirety and inserting in their respective places the following: "(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 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 person's farm; which vehicle is not used in the operations of a 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 Driver Services 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 person's 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 THURSDAY, MARCH 2, 2006 1817 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 non-commercial 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 driver's license; (H) Driving a commercial motor vehicle without a valid commercial driver's license in the driver's immediate possession; or (I) Driving a commercial motor vehicle without a commercial driver's license of the proper class and/or endorsements for the specific vehicle being operated or for the passengers or type of cargo transported." SECTION 12. Said chapter is further amended by striking subsection (b) of Code Section 40-5-146, relating to operation of a commercial motor vehicle without valid license or driving privilege, in its entirety and inserting in its place the following: "(b)(1) No person may drive a commercial motor vehicle while his or her driving privilege is suspended, revoked, or canceled, or while subject to a disqualification,. (2) No person may drive a commercial motor vehicle or in violation of an out of service order." SECTION 13. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 40-5-147, relating to the requirements for issuing a commercial driver's license or instruction permit, in its entirety and inserting in its place the following: "(a)(1) Except as provided in Code Section 40-5-148, no person may be issued a commercial driver's license unless that person is a resident of this state, is at least 18 years of age, has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulations enumerated in 49 C.F.R. Part 383, subparts G and H, has completed the Highway Watch safety and security training program or its federally designated successor program and is properly registered with the same, and has satisfied all other requirements of the Commercial Motor Vehicle Safety Act of 1986, Title XII of 1818 JOURNAL OF THE HOUSE Public Law 99-570, in addition to any other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the department in English only." SECTION 14. Said chapter is further amended by adding a new Code section to read as follows: "40-5-148.2. If an individual is a resident of another state while that other state is prohibited from issuing commercial driver's licenses pursuant to 49 C.F.R. Section 384.405, that individual is eligible to obtain a nonresident commercial driver's license. The 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 within 90 days of being notified that a state will be prohibited from issuing commercial driver's licenses." SECTION 15. Said chapter is further amended by adding a new subsection (i) to Code Section 40-5150, relating to contents, classifications, endorsements, and restrictions on commercial driver's licenses, to read as follows: "(i) Before issuing, renewing, upgrading, or transferring a commercial driver's license with a hazardous materials endorsement, the department shall obtain a Transportation Security Administration determination that the individual does not pose a security risk warranting denial of the endorsement. The department shall promulgate rules and regulations as necessary to implement this Code subsection." SECTION 16. Said chapter is further amended by striking subsection (h) of Code Section 40-5-150, relating to the contents of a commercial driver's license, in its entirety and inserting in its place the following: "(h) When applying for renewal of a commercial driver's 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, and provide evidence the applicant has completed the Highway Watch safety and security training program or its federally designated successor program and is properly registered with the same. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed." SECTION 17. Said chapter is further amended by striking subsections (b), (c), and (g) of Code Section 40-5-151, relating to disqualification from driving a commercial motor vehicle, in their entirety and inserting in lieu thereof new subsections (b), (c), and (g) and by adding a new subsection (i) to read as follows: THURSDAY, MARCH 2, 2006 1819 "(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, paragraph (1) of subsection (b) of Code Section 40-5-146, 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." "(g)(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) 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 vehicle's 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. (3) 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 commercial motor vehicles designed to transport more than 15 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 out-of-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 commercial motor vehicles designed to transport more than 15 passengers, including the driver." 1820 JOURNAL OF THE HOUSE "(i) 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 applicant's license status and record prior to issuing a commercial driver's license or at any time after the commercial driver's license is issued, that the applicant has falsified information on his or her application or any related filing." SECTION 18. Said chapter is further amended by striking subsection (c) of Code Section 40-5-159, relating to penalties for driving a commercial motor vehicle while in violation of the law, in its entirety and inserting in its place the following: "(c)(1) Any person who drives a commercial motor vehicle while in violation of the provisions mandated under Code Section 40-5-146 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00. The department shall suspend the commercial driver's license or commercial driving privilege of such any driver convicted of violating subsection (a) or paragraph (1) of subsection (b) of Code Section 40-5-146 for a period of six months. (2) The department shall suspend the commercial driver's license or commercial driving privilege of any person who is convicted of violating Code Section 40-5-29 in a commercial vehicle for a period of six months." SECTION 19. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, is amended by striking subsection (c) of Code Section 40-6-186, relating to racing on highways or streets, and inserting in its place the following: "(c) Any person convicted of violating subsection (b) of this Code section shall be guilty of a misdemeanor. In addition to the punishment prescribed by law, the Department of Public Safety shall suspend for 12 months the license of any person convicted of such violation." SECTION 20. Said chapter is further amended by striking Code Section 40-6-187, relating to charging speeding violations, in its entirety and inserting in its place the following: "40-6-187. (a) In every charge of violation of any speed regulation in this chapter, the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven and also the maximum speed applicable within the district or at the location. (b) For the purpose of imposing points pursuant to Code Section 40-5-57, every sentence for a violation of any speed regulation in this chapter shall state the specific amount by which the person convicted exceeded the speed limit." SECTION 21. This Act shall become effective on July 1, 2006. THURSDAY, MARCH 2, 2006 1821 SECTION 22. 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 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 Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Davis E Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D E 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 Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver O'Neal E 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 Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson E 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. 1822 JOURNAL OF THE HOUSE 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. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, MARCH 2, 2006 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 02, 2006, by adding the following: DEBATE CALENDAR Open Rule SB 468 Quality Basic Education Act; establishment of grant program for High Performance Principals; rules/regulations Modified Structured Rule HB 935 Advanced practice registered nurse; controlled substances; provisions 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 Bill of the Senate was taken up for consideration and read the third time: SB 468. By Senators Moody of the 56th, Carter of the 13th, Douglas of the 17th, Grant of the 25th, Bulloch of the 11th and others: A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment under the "Quality Basic Education Act," so as to provide for the establishment of a grant program for High Performance Principals to attract successful principals to schools in need of improvement; THURSDAY, MARCH 2, 2006 1823 to provide for legislative findings; to provide for a definition; to provide for rules and regulations; to provide for one-year salary supplements; to provide for reports; to provide for construction; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: 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 Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis E Day Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D E Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May McCall E McClinton Y Meadows E Millar 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 E 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 Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren 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 158, nays 0. 1824 JOURNAL OF THE HOUSE The Bill, having received the requisite constitutional majority, was passed. 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 has instructed me to report the same back to the House with the following recommendations: HB 1090 Do Pass, by Substitute HR 1169 Do Pass HR 1302 Do Pass, by Substitute HR 1491 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 129th Chairman The Speaker Pro Tem assumed the Chair. Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time: HB 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 physician's 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. The following Committee substitute was read and withdrawn: A BILL THURSDAY, MARCH 2, 2006 1825 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 Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to provide for a definition; to provide for enactment of rules and regulations affecting advanced practice registered nurses; to provide for a change in certain prohibited activities; to change a provision relating to a Drug Enforcement Administration license applicability to nurses and physician's assistants; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the physicians, so as to provide for a physician to delegate certain medical acts to allow an advanced practice registered nurse to issue prescription drug orders and provide professional samples, order diagnostic studies, medical devices, and in certain life-threatening situations to order radiographic imaging; to provide for construction and limitations related to such delegation; to provide for definitions; to provide for the conditions of a nurse protocol agreement; to provide for patients receiving certain care to be examined by a physician on a determinative basis; to provide for execution of prescription drug orders; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to regulation of controlled substances, is amended by striking paragraph (23) and inserting in its place the following: "(23) 'Practitioner' means: (A) A physician, dentist, pharmacist, podiatrist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this state to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (B) A pharmacy, hospital, or other institution licensed, registered, or otherwise authorized by law to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; or (C) An advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-26.3. For purposes of this chapter and Code Section 43-34-26.3, an advanced practice registered nurse is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities; or (C)(D) A physician's assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103. For purposes of this chapter and subsection (e.1) of Code Section 43-34-103 and notwithstanding the provisions of subsection (g) of Code Section 43-34-26.1, a physician's assistant is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities." 1826 JOURNAL OF THE HOUSE SECTION 2. Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by adding a new paragraph to Code Section 43-26-3, relating to definitions, to read as follows: "(1.1) 'Advanced practice registered nurse' means a registered professional nurse licensed under this chapter who is recognized by the board as having met the requirements established by the board to engage in advanced nursing practice and who holds a master's degree and national board certification in his or her area of speciality, or a person who was recognized as an advanced practice registered nurse by the board on or before January 1, 2006. Only a person recognized by the board as an advanced practice registered nurse shall be authorized to hold himself or herself out as an advanced practice registered nurse or to use the initials A.P.R.N." SECTION 3. Said chapter is further amended by striking paragraph (12) of subsection (a) of Code Section 43-26-5, relating to general powers of the board, and inserting in lieu thereof the following: "(12) Be authorized to enact rules and regulations for registered professional nurses in their performing acts under a nurse protocol as authorized in Code Section 43-3426.1 and enact rules and regulations for advanced practice registered nurses in performing acts as authorized in Code Section 43-34-26.3;" SECTION 4. Said chapter is further amended by striking paragraph (4) of Code Section 43-26-10, relating to the prohibition of practicing as a registered professional nurse without a license, and inserting in lieu thereof the following: "(4) Use any words, abbreviations, figures, letters, title, sign, card, or device implying that such person is a registered professional nurse or advanced practice registered nurse unless such person is duly licensed so to practice under the provisions of this article;" SECTION 5. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by striking subsection (g) of Code section 43-34-26.1, relating to delegation of authority to a nurse or physician's assistant, and inserting in lieu thereof the following: "(g) Nothing in this Code section shall be construed to authorize or permit the issuance of a Drug Enforcement Administration license to a nurse or physician's assistant who is not an advanced practice registered nurse." SECTION 6. Said article is further amended by adding a new Code Section 43-34-26.3 to read as follows: THURSDAY, MARCH 2, 2006 1827 "43-34-26.3. (a) As used in this Code section, the term: (1) 'Advanced practice registered nurse' shall have the same meaning as provided in paragraph (1.1) of Code Section 43-26-3. (2) 'Birthing center' means a facility or building where human births occur on a regular or ongoing basis and which is classified by the Department of Human Resources as a birthing center. (3) 'Controlled substance' means any controlled substance as defined in Code Section 16-13-21 but shall not include any Schedule I controlled substance included in Code Section 16-13-25 or any Schedule II controlled substance included in Code Section 16-13-26. (4) 'Dangerous drug' means any dangerous drug as defined in Code Section 16-13-71. (5) 'Delegating physician' means a physician who has entered into a nurse protocol agreement pursuant to this Code section. (6) 'Designated teaching hospital' shall have the same meaning as provided in Code Section 31-7-95. (7) 'Diagnostic study' means a laboratory test, X-ray, or ultrasound. (8) 'Drug' means any dangerous drug or controlled substance. (9) 'Free health clinic' shall have the same meaning as provided in Code Section 511-29.4. (10) 'Life threatening' means an emergency situation in which a patient's life or physical well-being will be harmed if certain testing is not performed immediately. (11) 'Nurse protocol agreement' means a written document mutually agreed upon and signed by an advanced practice registered nurse and a physician, by which document the physician delegates to that advanced practice registered nurse the authority to perform certain medical acts pursuant to this Code section, and which acts may include, without being limited to, the ordering of drugs, medical devices, medical treatments, or diagnostic studies or in life-threatening situations radiographic imaging tests. Such agreements shall conform to the provisions set forth in subsection (c) of this Code section. (12) 'Order' means to select pursuant to a nurse protocol agreement which drug, medical device, medical treatment, or diagnostic study or in life-threatening situations radiographic imaging test is appropriate for a patient and to communicate the same in writing, orally, via facsimile, or electronically. (13) 'Physician' means a person licensed to practice medicine under this chapter and: (A) Whose principal place of practice is within this state; or (B) Whose principal place of practice is outside this state but is within 50 miles from the location where the nurse protocol agreement is being utilized within this state. (14) 'Prescription drug order' means a written or oral order of an advanced practice registered nurse for a drug or medical device for a specific patient. Such term includes an electronic visual image prescription drug order and an electronic data prescription drug order. 1828 JOURNAL OF THE HOUSE (15) 'Professional sample' means a complimentary dose of a drug, medication, medication voucher, or medical device provided by the manufacturer for use in patient care. (16) 'Radiographic imaging test' means a computed tomography, magnetic resonance imaging, positron emission tomography, or nuclear medicine. (17) 'Routine preventive health maintenance' means evaluation and maintenance of an individual's health including those medical acts appropriate to age and gender, medical history, and risk factors such as examination, counseling, anticipatory guidance, risk factor reduction intervention, and ordering of appropriate immunizations and laboratory and diagnostic procedures. (b)(1) In addition to and without limiting the authority granted pursuant to Code Section 43-34-26.1, a physician may delegate to an advanced practice registered nurse in accordance with a nurse protocol agreement the authority to order drugs, medical devices, medical treatments, or diagnostic studies or in life-threatening situations radiographic imaging tests. (2) A delegating physician entering into a nurse protocol agreement pursuant to this Code section shall adequately supervise acts delegated in accordance with a nurse protocol agreement. Except for patients receiving services in the facilities identified in paragraphs (1) through (7) of subsection (g) of this Code section, patients receiving services pursuant to a nurse protocol agreement shall be examined by a physician: (A) Biennially for patients receiving oral contraceptives, hormone replacement therapy, prenatal vitamins, or routine preventive health maintenance; and (B) Annually for patients receiving ongoing medical treatments, drugs other than controlled substances, or medical devices. (3) Patients receiving services pursuant to a nurse protocol agreement shall be examined by a physician quarterly if the patient is receiving controlled substances. (c) A nurse protocol agreement between a physician and an advanced practice registered nurse pursuant to this Code section shall: (1) Be between an advanced practice registered nurse who is in a comparable specialty area or field as that of the delegating physician; (2) Contain a provision for immediate consultation between the advanced practice registered nurse and the delegating physician; if the delegating physician is not available, the delegating physician for purposes of consultation may designate another physician who is aware of and in agreement with the nurse protocol agreement; (3) Identify the parameters under which delegated acts may be performed by the advanced practice registered nurse, including without limitation the number of refills which may be ordered, the kinds of diagnostic studies which may be ordered, the extent, if authorized, to which radiographic images may be ordered in life-threatening situations, and the circumstances, if any, under which the advanced practice registered nurse may execute a prescription drug order. The nurse protocol agreement may allow an advanced practice registered nurse to review a report of diagnostic studies or radiographic images, or review the images, but shall not authorize the advanced practice registered nurse to interpret such report or images and shall require the THURSDAY, MARCH 2, 2006 1829 advanced practice registered nurse to forward a copy of such report to the delegating physician; (4) Require documentation either in writing or by electronic means or other medium by the advanced practice registered nurse of those acts performed by the advanced practice registered nurse which are medical acts required to be authorized by the delegating physician in the nurse protocol agreement; (5) Include a schedule for periodic review by the delegating physician of patient records. Such patient records review may be achieved with a sampling of such records as determined by the delegating physician; (6) Provide for patient review, evaluation, or follow-up by the delegating physician, with the frequency of such review, evaluation, or follow-up based on the nature, extent, and scope of the delegated act or acts as determined by the delegating physician and in accordance with paragraphs (2) and (3) of subsection (b) of this Code section; (7) Be reviewed, revised, or updated annually by the delegating physician and the advanced practice registered nurse; and (8) Be available for review upon written request to the advanced practice registered nurse by the Georgia Board of Nursing or to the physician by the board. (d) A written prescription drug order issued pursuant to this Code section shall be signed by the advanced practice registered nurse and shall be on a form which shall include, without limitation, the names of the advanced practice registered nurse and delegating physician who are parties to the nurse protocol agreement, the patient's 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. A prescription drug order which is transmitted either electronically or via facsimile shall conform to the requirements set out in paragraphs (1) and (2) of subsection (c) of Code Section 26-480, respectively. (e) An advanced practice registered nurse may be authorized under a nurse protocol agreement to request, receive, and sign for professional samples and may distribute professional samples to patients. The office or facility at which the advanced practice registered nurse is working shall maintain a list of the professional samples approved by the delegating physician for request, receipt, and distribution by the advanced practice registered nurse as well as a complete list of the specific number and dosage of each professional sample and medication voucher received and dispensed. In addition to the requirements of this Code section, all professional samples shall be maintained as required by applicable state and federal laws and regulations. (f) A managed care system, health plan, hospital, insurance company, or other similar entity shall not require a physician or advanced practice registered nurse to be a party to a nurse protocol agreement as a condition for participation in or reimbursement from such entity. (g) A delegating physician may not enter into a nurse protocol agreement pursuant to this Code section with more than four advanced practice registered nurses at any one 1830 JOURNAL OF THE HOUSE time, except this limitation shall not apply to an advanced practice registered nurse that is practicing: (1) In the emergency department of a hospital licensed under Title 31; (2) In a designated teaching hospital; (3) In the Division of Public Health of the Department of Human Resources; (4) In any county board of health; (5) In any free health clinic; (6) In a birthing center; or (7) In any organization: (A) Which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2; or (B) Which has been established under the authority of or is receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Service Act. (h) 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 issued pursuant to a nurse protocol agreement. (i) Nothing in this Code section shall be construed to apply to the practice of a certified registered nurse anesthetist. (j) Nothing in this Code section shall be construed to require an advanced practice registered nurse to be a party to a nurse protocol agreement in order to practice as a registered professional nurse or an advanced practice registered nurse as otherwise permitted by Article 1 of Chapter 26 of this title. (k) Nothing in this Code section shall be construed to authorize an advanced practice registered nurse to issue a prescription drug order for a Schedule I or II controlled substance or authorize refills of any drug for more than 12 months from the date of the original order except in the case of oral contraceptives, hormone replacement therapy, or prenatal vitamins which may be refilled for a period of 24 months." 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 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 Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to provide for a definition; to provide for enactment of rules and regulations affecting advanced practice registered nurses; to provide for a change in certain prohibited activities; to change a provision relating to a Drug THURSDAY, MARCH 2, 2006 1831 Enforcement Administration license applicability to nurses and physician's assistants; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the physicians, so as to provide for a physician to delegate certain medical acts to allow an advanced practice registered nurse to issue prescription drug orders and provide professional samples, order diagnostic studies, medical devices, and in certain life-threatening situations to order radiographic imaging; to provide for construction and limitations related to such delegation; to provide for definitions; to provide for the conditions of a nurse protocol agreement; to provide for execution of prescription drug orders; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to regulation of controlled substances, is amended by striking paragraph (23) and inserting in its place the following: "(23) 'Practitioner' means: (A) A physician, dentist, pharmacist, podiatrist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this state to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (B) A pharmacy, hospital, or other institution licensed, registered, or otherwise authorized by law to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; or (C) An advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-26.3. For purposes of this chapter and Code Section 43-34-26.3, an advanced practice registered nurse is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities; or (C)(D) A physician's assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103. For purposes of this chapter and subsection (e.1) of Code Section 43-34-103 and notwithstanding the provisions of subsection (g) of Code Section 43-34-26.1, a physician's assistant is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities." SECTION 2. Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by adding a new paragraph to Code Section 43-26-3, relating to definitions, to read as follows: "(1.1) 'Advanced practice registered nurse' means a registered professional nurse licensed under this chapter who is recognized by the board as having met the requirements established by the board to engage in advanced nursing practice and who holds a master's degree and national board certification in his or her area of 1832 JOURNAL OF THE HOUSE speciality, or a person who was recognized as an advanced practice registered nurse by the board on or before January 1, 2006." SECTION 3. Said chapter is further amended by striking paragraph (12) of subsection (a) of Code Section 43-26-5, relating to general powers of the board, and inserting in lieu thereof the following: "(12) Be authorized to enact rules and regulations for registered professional nurses in their performing acts under a nurse protocol as authorized in Code Section 43-3426.1 and enact rules and regulations for advanced practice registered nurses in performing acts as authorized in Code Section 43-34-26.3;" SECTION 4. Said chapter is further amended by striking paragraph (4) of Code Section 43-26-10, relating to the prohibition of practicing as a registered professional nurse without a license, and inserting in lieu thereof the following: "(4) Use any words, abbreviations, figures, letters, title, sign, card, or device implying that such person is a registered professional nurse or advanced practice registered nurse unless such person is duly licensed or recognized by the board so to practice under the provisions of this article;" SECTION 5. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by striking subsection (g) of Code section 43-34-26.1, relating to delegation of authority to a nurse or physician's assistant, and inserting in lieu thereof the following: "(g) Nothing in this Code section shall be construed to authorize or permit the issuance of a Drug Enforcement Administration license to a nurse or physician's assistant who is not an advanced practice registered nurse." SECTION 6. Said article is further amended by adding a new Code Section 43-34-26.3 to read as follows: "43-34-26.3. (a) As used in this Code section, the term: (1) 'Advanced practice registered nurse' shall have the same meaning as provided in paragraph (1.1) of Code Section 43-26-3. (2) 'Birthing center' means a facility or building where human births occur on a regular or ongoing basis and which is classified by the Department of Human Resources as a birthing center. (3) 'Controlled substance' means any controlled substance as defined in Code Section 16-13-21 but shall not include any Schedule I controlled substance included in Code THURSDAY, MARCH 2, 2006 1833 Section 16-13-25 or any Schedule II controlled substance included in Code Section 16-13-26. (4) 'Dangerous drug' means any dangerous drug as defined in Code Section 16-13-71. (5) 'Delegating physician' means a physician who has entered into a nurse protocol agreement pursuant to this Code section. (6) 'Diagnostic study' means a laboratory test, X-ray, ultrasound, or procedure used to identify a characteristic or distinguishing feature of a particular disease or condition. (7) 'Drug' means any dangerous drug or controlled substance. (8) 'Free health clinic' shall have the same meaning as provided in Code Section 511-29.4. (9) 'Life threatening' means an emergency situation in which a patient's life or physical well-being will be harmed if certain testing is not performed immediately. (10) 'Nurse protocol agreement' means a written document mutually agreed upon and signed by an advanced practice registered nurse and a physician, by which document the physician delegates to that advanced practice registered nurse the authority to perform certain medical acts pursuant to this Code section, and which acts may include, without being limited to, the ordering of drugs, medical devices, medical treatments, diagnostic studies, or in life-threatening situations radiographic imaging tests. Such agreements shall conform to the provisions set forth in subsection (c) of this Code section. (11) 'Order' means to select pursuant to a nurse protocol agreement which drug, medical device, medical treatment, diagnostic study, or in life-threatening situations radiographic imaging test is appropriate for a patient and to communicate the same in writing, orally, via facsimile, or electronically. (12) 'Physician' means a person licensed to practice medicine under this chapter and: (A) Whose principal place of practice is within this state; or (B) Whose principal place of practice is outside this state but is within 50 miles from the location where the nurse protocol agreement is being utilized within this state. (13) 'Prescription drug order' means a written or oral order of an advanced practice registered nurse for a drug or medical device for a specific patient. Such term includes an electronic visual image prescription drug order and an electronic data prescription drug order. (14) 'Professional sample' means a complimentary dose of a drug, medication, medication voucher, or medical device provided by the manufacturer for use in patient care. (15) 'Radiographic imaging test' means a computed tomography, magnetic resonance imaging, positron emission tomography, or nuclear medicine. (b) In addition to and without limiting the authority granted pursuant to Code Section 43-34-26.1, a physician may delegate to an advanced practice registered nurse in accordance with a nurse protocol agreement the authority to order drugs, medical devices, medical treatments, diagnostic studies or in life-threatening situations radiographic imaging tests. 1834 JOURNAL OF THE HOUSE (c) A nurse protocol agreement between a physician and an advanced practice registered nurse pursuant to this Code section shall: (1) Be between an advanced practice registered nurse who is in a comparable specialty area or field as that of the delegating physician; (2) Contain a provision for immediate consultation between the advanced practice registered nurse and the delegating physician; if the delegating physician is not available, the delegating physician for purposes of consultation may designate another physician who is aware of and concurs with the nurse protocol agreement; (3) Identify the parameters under which delegated acts may be performed by the advanced practice registered nurse, including without limitation the number of refills which may be ordered, the kinds of diagnostic studies which may be ordered, the extent to which radiographic image tests may be ordered, and the circumstances under which a prescription drug order may be executed. In the event the delegating physician authorizes the advanced practice registered nurse to order an X-ray, ultrasound, or radiographic imaging test, the nurse protocol agreement shall contain provisions whereby such X-ray, ultrasound, or radiographic imaging test shall be read and interpreted by a physician who is trained in the reading and interpretation of such tests; a report of such X-ray, ultrasound, or radiographic imaging test may be reviewed by the advanced practice registered nurse; and a copy of such report shall be forwarded to the delegating physician, except that such provision for an ultrasound shall not be required for an advanced practice registered nurse acting within his or her scope of practice as authorized by Code Sections 43-26-3 and 43-26-5. (4) Require documentation either in writing or by electronic means or other medium by the advanced practice registered nurse of those acts performed by the advanced practice registered nurse which are specific to the medical acts authorized by the delegating physician; (5) Include a schedule for periodic review by the delegating physician of patient records. Such patient records review may be achieved with a sampling of such records as determined by the delegating physician; (6) Provide for patient review, evaluation, or follow-up by the delegating physician, with the frequency of such review, evaluation, or follow-up based on the nature, extent, and scope of the delegated act or acts as determined by the delegating physician; (7) Be reviewed, revised, or updated annually by the delegating physician and the advanced practice registered nurse; and (8) Be available for review upon written request to the advanced practice registered nurse by the Georgia Board of Nursing or to the physician by the board. (d) A written prescription drug order issued pursuant to this Code section shall be signed by the advanced practice registered nurse and shall be on a form which shall include, without limitation, the names of the advanced practice registered nurse and delegating physician who are parties to the nurse protocol agreement, the patient's 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. A prescription drug order THURSDAY, MARCH 2, 2006 1835 which is transmitted either electronically or via facsimile shall conform to the requirements set out in paragraphs (1) and (2) of subsection (c) of Code Section 26-480, respectively. (e) An advanced practice registered nurse may be authorized under a nurse protocol agreement to request, receive, and sign for professional samples and may distribute professional samples to patients. The office or facility at which the advanced practice registered nurse is working shall maintain a list of the professional samples approved by the delegating physician for request, receipt, and distribution by the advanced practice registered nurse as well as a complete list of the specific number and dosage of each professional sample and medication voucher received and dispensed. In addition to the requirements of this Code section, all professional samples shall be maintained as required by applicable state and federal laws and regulations. (f) A managed care system, health plan, hospital, insurance company, or other similar entity shall not require a physician or advanced practice registered nurse to be a party to a nurse protocol agreement as a condition for participation in or reimbursement from such entity. (g) A delegating physician may not enter into a nurse protocol agreement pursuant to this Code section with more than four advanced practice registered nurses at any one time as calculated on a full-time equivalency basis, except this limitation shall not apply to an advanced practice registered nurse that is practicing: (1) In a hospital licensed under Title 31; (2) In any college or university as defined in Code Section 20-8-1; (3) In the Department of Human Resources; (4) In any county board of health; (5) In any free health clinic; (6) In a birthing center; (7) In any organization: (A) Which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2; or (B) Which has been established under the authority of or is receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Service Act; or (8) In any local board of education which has a school nurse program. (h) 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 issued pursuant to a nurse protocol agreement. (i) Nothing in this Code section shall be construed to apply to the practice of a certified registered nurse anesthetist. (j) Nothing in this Code section shall be construed to require an advanced practice registered nurse to be a party to a nurse protocol agreement in order to practice as a registered professional nurse or an advanced practice registered nurse as otherwise permitted by Article 1 of Chapter 26 of this title. 1836 JOURNAL OF THE HOUSE (k) Nothing in this Code section shall be construed to authorize an advanced practice registered nurse to issue a prescription drug order for a Schedule I or II controlled substance or authorize refills of any drug for more than 12 months from the date of the original order except in the case of oral contraceptives, hormone replacement therapy, or prenatal vitamins which may be refilled for a period of 24 months. (l) Nothing in this Code section shall be construed to authorize or permit any practitioner to authorize an advanced practice registered nurse to perform an abortion or administer abortion-inducing prescriptions other than as authorized in Code Section 1612-141." SECTION 7. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, 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 Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges Y Brooks Y Brown N Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Crawford Y Cummings Y Davis E Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd E Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin N Hatfield Y Heard, J Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y 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 Loudermilk Y Lucas Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar E Mills Y Mitchell Y Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J E Murphy, Q Y Neal Y Oliver O'Neal E Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Y 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 Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T N 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 THURSDAY, MARCH 2, 2006 1837 Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox N Heard, K Y Heckstall Y Hembree Y Henson E Hill, C Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Rice Y Roberts Y Rogers Y Royal Y Rynders Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 146, nays 6. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Barnard of the 166th, Dean of the 59th, Jenkins of the 8th, Jones of the 46th, Mosby of the 90th, and Rice of the 51st 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 report of the Committee of Conference thereon: 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 following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 246 The Committee of Conference on HB 246 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 246 be adopted. Respectfully submitted, FOR THE HOUSE OF REPRESENTATIVES: FOR THE SENATE: /s/ David Graves Representative, 137th District /s/ Don Balfour Senator, 9th District 1838 JOURNAL OF THE HOUSE /s/ Stephens Representative, 164th District /s/ David Shafer Senator, 48th District /s/ Butch Parrish Representative, 156th District /s/ Pearson Senator, 51st District A BILL To amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, so as to change certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers; 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, is amended by striking paragraph (11) of subsection (a) and inserting in lieu thereof the following: "(11) Regularly employing the mails or other common carriers to sell, distribute, and deliver a drug which requires a prescription directly to a patient; provided, however, that this provision shall not prohibit the use of the mails or other common carriers to sell, distribute, and deliver a prescription drug directly to an institution or to sell, distribute, or deliver prescription drug refills, upon his or her request, to an enrollee in a health benefits plan of a group model health maintenance organization or its affiliates by a pharmacy which is operated by that same group model health maintenance organization and licensed under Code Section 26-4-110. Any pharmacy using the mails or other common carriers to dispense prescriptions pursuant to this paragraph shall comply with the following conditions: (A) The pharmacy shall provide an electronic, telephonic, or written communications mechanism which reasonably determines whether the medications distributed by the mails or other common carriers have been received by the enrollee and through which a pharmacist employed by the group model health maintenance organization or a pharmacy intern under his or her direct supervision is enabled to offer counseling to the enrollee as authorized by and in accordance with his or her obligations under Code Section 26-4-85, unless the enrollee refuses such consultation or counseling pursuant to subsection (e) of such Code section. In THURSDAY, MARCH 2, 2006 1839 addition, the enrollee shall receive information indicating what he or she should do if the integrity of the packaging or medication has been compromised during shipment; (B) In accordance with clinical and professional standards, the State Board of Pharmacy shall promulgate a list of medications which may not be delivered by the mails or other common carriers. However, until such list is promulgated, the group model health maintenance organization shall not deliver by use of the mails or other common carriers Class II controlled substance medications, medications which require refrigeration, chemotherapy medications deemed by the federal Environmental Protection Agency as dangerous, medications in suppository form, and other medications which, in the professional opinion of the dispensing pharmacist, may be clinically compromised by distribution through the mail or other common carriers; (C) The pharmacy shall utilize, as appropriate and in accordance with standards of the manufacturer, United States Pharmacopeia, and Federal Drug Administration and other standards adopted by the State Board of Pharmacy, temperature tags, time temperature strips, insulated packaging, or a combination of these; and (D) The pharmacy shall establish and notify the enrollee of its policies and procedures to address instances in which medications do not arrive in a timely manner or in which they have been compromised during shipment and to assure that the pharmacy replaces or makes provisions to replace such drugs. For purposes of this paragraph, the term 'group model health maintenance organization' means a health maintenance organization that has an exclusive contract with a medical group practice to provide or arrange for the provision of substantially all physician services to enrollees in health benefits plans of the health maintenance organization;" SECTION 2. 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, is amended by striking paragraphs (1) and (5) of subsection (c) and inserting in their places the following: "(1) Electronically transmitted prescription drug orders shall be transmitted by the practitioner or, in the case of a prescription drug order to be transmitted via facsimile, by the practitioner or the practitioner's agent under supervision of the practitioner, to the pharmacy of the patient's choice with no intervening person or intermediary having access to the prescription drug order. For purposes of this paragraph, 'intervening person or intermediary' shall not include a person who electronically formats or reconfigures data or information for purposes of integrating into and between computer or facsimile systems of practitioners and pharmacists;" "(5) An electronically encrypted, issued, or produced prescription drug order transmitted from a practitioner to a pharmacist shall be considered a highly confidential transaction and the said transmission, issuance, or production shall not be 1840 JOURNAL OF THE HOUSE compromised by unauthorized interventions, control, change, altering, manipulation, or accessing patient record information by any other person or party in any manner whatsoever between the time after the practitioner has electronically transmitted, issued, or produced a prescription drug order and such order has been received by the pharmacy of the patient's choice. For purposes of this paragraph, 'unauthorized interventions, control, change, altering, manipulation, or accessing patient record information' shall not include electronic formatting or reconfiguring of data or information for purposes of integrating into and between computer or facsimile systems of practitioners and pharmacists;" SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Graves of the 137th moved that the House adopt the report of the Committee of Conference on HB 246. 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 Borders Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Crawford Y Cummings Y Davis E Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd E Forster Y Franklin 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Lord Y Loudermilk Lucas Lunsford Y Martin Y Maxwell Y May McCall E McClinton Y Meadows E Millar E Mills Y Mitchell Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J E Murphy, Q Y Neal Y Oliver O'Neal E 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 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 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 THURSDAY, MARCH 2, 2006 1841 Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Heckstall Y Hembree Y Henson E Hill, C Y Maddox Y Mangham Y Manning Marin Y Roberts Y Rogers Y Royal Y Rynders Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 146, nays 0. The motion prevailed. Due to a mechanical malfunction, the vote of Representative Randall of the 138th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon. Representative Keen of the 179th moved that the House do now adjourn until 1:00 o'clock, P.M., Monday, March 6, 2006, and the motion prevailed. Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 1:00 o'clock, P.M., Monday, March 6, 2006. 1842 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Monday, March 6, 2006 The House met pursuant to adjournment at 1:00 o'clock, P.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Abdul-Salaam Amerson E Anderson Ashe Barnard E Barnes Bearden Benton Black E Borders Bridges Brooks Brown E Bryant Buckner, D Burkhalter Burmeister Burns Byrd Carter E Casas Chambers Cheokas Cole Coleman, B Cooper Cox Cummings Davis E Day Dean Dickson Dodson Ehrhart England Everson Fleming Floyd, J Fludd Forster Franklin Geisinger Graves, D Graves, T Greene Hanner Harbin Hatfield Heard, J Heard, K Heckstall Hembree Henson Hill, C.A Holmes Holt Houston Howard, E E Hudson Hugley E Jackson Jacobs James Jamieson Jenkins Jennings Johnson Jones, S Keen Keown Kidd Knight Knox Lakly Lane, R Lewis Lindsey Lord Loudermilk Maddox Marin Martin Maxwell May E McClinton Meadows E Millar Mills Morris Mosby Mosley Mumford Murphy, J E Murphy, Q Neal Oliver O'Neal Orrock Parham Parsons Porter Powell Randall Reece, B Reece, S E Reese Rice Roberts Rogers Royal Rynders Sailor Scheid Scott, A Scott, M Setzler Shaw Sheldon E Sims, C Sims, F Sinkfield Smith, B Smith, P Smith, R Smith, T Smith, V Smyre Talton Teilhet Thomas, A.M Thomas, B Tumlin Warren Watson Wilkinson Williams, A Williams, E E Williams, R Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Beasley-Teague of the 65th, Benfield of the 85th, Bordeaux of the 162nd, Bruce of the 64th, Channell of the 116th, Coan of the 101st, Coleman of the 144th, Crawford of the 127th, Dollar of the 45th, Drenner of the 86th, Dukes of the 150th, Epps of the 128th, Floyd of the 99th, Freeman of the 140th, Gardner of the 57th, Golick of the 34th, Horne of the 71st, Jordan of the 77th, Lane of the 158th, Lucas of the 139th, Lunsford of the 110th, Mangham of the 94th, Manning of the 32nd, McCall of the 30th, Mitchell of the 88th, Parrish of the 156th, Ralston of the 7th, Ray of the 136th, Smith of the 70th, Stanley-Turner of the 53rd, Stephenson of the 92nd, Walker of the 107th, Willard of the 49th, Wix of the 33rd, and Yates of the 73rd. MONDAY, MARCH 6, 2006 1843 They wish to be recorded as present. Prayer was offered by Pastor Keith Goodlet, Hand Memorial United Methodist Church, Pelham, 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 1516. By Representative Jacobs of the 80th: A BILL to be entitled an Act to amend Code Section 21-2-540 of the Official Code of Georgia Annotated, relating to conduct of special elections generally, so as to provide that special elections regarding the issuance of bonds and the imposition of sales and use taxes shall be held only on the Tuesday after the first Monday in November in even-numbered years; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. 1844 JOURNAL OF THE HOUSE HB 1517. By Representative Knox of the 24th: A BILL to be entitled an Act to amend Title 33 of O.C.G.A., relating to insurance, so as to promote the general fitness of the accident and sickness insurance market in this state; to authorize the Commissioner of Insurance to reduce, limit, modify, or exempt certain regulatory filing requirements; to provide for the determination by the Commissioner that the insurance market in this state is not functioning in a competitive manner; to provide for certain notice; to provide for certain filings regarding accident and sickness insurance following such notice; to require the Commissioner to approve certain filings and rate increases; to provide for applicability; to provide for rules and regulations concerning such filings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1518. By Representatives Reece of the 11th, Jamieson of the 28th, Oliver of the 83rd and Kidd of the 115th: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to require written notification by a local board of education of any breach of security relating to the unauthorized access of social security numbers of students and employees; to provide for a definition; to provide for delayed notice in certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1519. By Representative Porter of the 143rd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Dudley, Georgia, in the County of Laurens, approved February 18, 1977 (Ga. L. 1977, p. 2657), as amended, so as to annex certain territory into the City of Dudley and thereby change the corporate limits of such city; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1520. By Representatives Reece of the 11th, Jamieson of the 28th, Benton of the 31st, McCall of the 30th, Neal of the 1st and others: MONDAY, MARCH 6, 2006 1845 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 revise a definition; to extend the date by which persons must apply to be licensed without examination; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1521. By Representative Porter of the 143rd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. L. 1979, p. 3568), as amended, particularly by an Act approved March 26, 1987 (Ga. L. 1987, p. 4810), an Act approved March 20, 1990 (Ga. L. 1990, p. 4073), and an Act approved October 1, 2001 (Ga. L. Ex. Sess. 2001, p. 665), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1522. By Representative Porter of the 143rd: A BILL to be entitled an Act to amend an Act providing a charter for the City of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3769), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1523. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or over or disabled; 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. 1846 JOURNAL OF THE HOUSE HB 1524. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 62 years of age or over and whose income, excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1525. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1526. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide an additional homestead exemption from Stephens County ad valorem taxes for county purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or over or disabled; 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 1527. By Representative Jamieson of the 28th: MONDAY, MARCH 6, 2006 1847 A BILL to be entitled an Act to provide a homestead exemption from Banks County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of the homestead for residents of that county who are 62 years of age or over and whose income, excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1528. By Representative Jamieson of the 28th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Banks County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over, approved April 13, 2001 (Ga. L. 2001, p. 4130), so as to increase the amount of such exemption; 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 1529. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide an additional homestead exemption from Stephens County school district ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or over or disabled; 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 1530. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Stephens County ad valorem taxes for county purposes for residents of that county who are disabled veterans or their unremarried surviving spouses, if 1848 JOURNAL OF THE HOUSE deceased, on a current or subsequent 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 1531. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Stephens County school district ad valorem taxes for educational purposes for residents of that school district who are unremarried surviving spouses of United States service members killed in action to be received on a current or subsequent 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 1532. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Stephens County ad valorem taxes for county purposes for residents of that county who are unremarried surviving spouses of United States service members killed in action to be received on a current or subsequent 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 1533. By Representative Jamieson of the 28th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Stephens County, approved March 22, 1937 (Ga. L.1937, p. 1415), as amended, so as to reconstitute the board of commissioners as a five-member board; to provide for definitions and inclusions; to provide for continuation in office of certain current board 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 MONDAY, MARCH 6, 2006 1849 of 1965, as amended; to provide for a referendum; to provide for automatic repeal under certain circumstances; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1534. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Stephens County school district ad valorem taxes for educational purposes for residents of that school district for disabled veterans or their unremarried surviving spouses, if deceased, on a current or subsequent 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 1535. By Representatives Hugley of the 133rd, Smith of the 13th, Oliver of the 83rd, Porter of the 143rd, Smyre of the 132nd and others: A BILL to be entitled an Act to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to define interest rates to be charged in pawn transactions involving a motor vehicle or motor vehicle certificate of title; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. HB 1537. By Representative Smith of the 113th: A BILL to be entitled an Act to amend Code Section 50-5-77 of the Official Code of Georgia Annotated, relating to multiyear lease, purchase, or lease purchase agreements, so as to provide for additional requirements with respect to certain leases, contracts, or agreements; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1538. By Representatives Coan of the 101st and Reese of the 98th: 1850 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Title 13 of the O.C.G.A., relating to contracts, so as to provide for the rejection of construction contracts when certain subcontractors, low tier subcontractors, or materialmen do not provide required insurance coverage; to provide for the definitions of certain terms; to prohibit a general contractor or subcontractor from rejecting work completed, rejecting material supplied, or withholding payment due to lack of conforming insurance following acceptance of a policy or certificate of insurance; to provide certain exceptions; to authorize a general contractor or subcontractor to reject a policy or certificate in writing as nonconforming and withhold payment for work performed or materials supplied; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1539. By Representatives Coan of the 101st and Reese of the 98th: A BILL to be entitled an Act to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, venue, penalty, and exemption, so as to provide that issuing, with the intent to defraud, any certificate of insurance which alters or represents any policy coverage, exclusion, provision, or condition in any form other than actually contained in the policy shall constitute a crime of insurance fraud; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1540. By Representatives Fludd of the 66th, Orrock of the 58th, Murphy of the 120th, Stephenson of the 92nd, Mosby of the 90th and others: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for periodic tax expenditure reports; to provide for legislative findings and declarations; to provide for definitions; to provide for the contents of such reports; to provide for powers, duties, and authority of the Governor and the state revenue commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1541. By Representatives Coan of the 101st and Reese of the 98th: MONDAY, MARCH 6, 2006 1851 A BILL to be entitled an Act to amend Code Section 13-8-2 of the Official Code of Georgia Annotated, relating to contracts contravening public policy generally, so as to provide that any contract of insurance which provides for indemnification against liability for damages arising out of bodily injury to persons or damage to property caused by a promisee or indemnitee in connection with a contract or agreement relative to the construction, alteration, repair, or maintenance of a building structure, appurtenances, and appliances is against public policy, void, and unenforceable; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1543. By Representatives Knox of the 24th, Fleming of the 117th, Crawford of the 127th, Mumford of the 95th and Graves of the 12th: 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 increased penalties if assault or aggravated assault is committed against a prosecuting attorney; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1544. By Representatives Mumford of the 95th, Stephenson of the 92nd and Mangham of the 94th: A BILL to be entitled an Act to provide that the chief magistrate and other magistrates of the Magistrate Court of Rockdale County meet certain qualifications to hold office; to provide that such chief magistrate and other magistrates must have actively practiced law for at least three years in this state immediately before taking office; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1545. By Representative Beasley-Teague of the 65th and Fludd of the 66th: A BILL to be entitled an Act to authorize the City of Union City to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. 1852 JOURNAL OF THE HOUSE Referred to the Committee on State Planning & Community Affairs - Local. HB 1548. By Representative Jacobs of the 80th: A BILL to be entitled an Act to amend Code Section 40-14-9 of the Official Code of Georgia Annotated, relating to inadmissibility of evidence obtained by speed detection devices in certain areas, so as to remove the restriction on use of speed detection devices on a highway which has a grade in excess of 7 percent; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1552. By Representatives Fleming of the 117th, Everson of the 106th and Talton of the 145th: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide that the death penalty may be imposed where the jury finds at least one aggravating circumstance, but is unable to reach a unanimous verdict as to the sentence, taking into account the majority vote of the jurors; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1553. By Representatives Franklin of the 43rd, Rice of the 51st, Reese of the 98th, Hembree of the 67th, Parsons of the 42nd and others: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue, so as to require state licenses for adult video stores; to provide for definitions of certain terms; to establish license fees; to provide penalties; to provide for transferability of licenses under certain conditions; to provide for powers, duties, and authority of the state revenue commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1554. By Representative Jenkins of the 8th: A BILL to be entitled an Act to amend an Act reincorporating the City of Clayton, approved August 17, 1909 (Ga. L. 1909, p. 600), as amended, so as MONDAY, MARCH 6, 2006 1853 to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1555. By Representatives Davis of the 109th, Mosby of the 90th and Barnes of the 78th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Stockbridge," approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to provide for council districts; to provide for the election of the mayor and councilmembers; to provide for residency; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 1637. By Representatives Hill of the 180th, Hatfield of the 177th, Shaw of the 176th, Borders of the 175th and Smith of the 168th: A RESOLUTION dedicating the Okefenokee Trail; and for other purposes. Referred to the Committee on Transportation. 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 1563. By Representatives Hatfield of the 177th, Mumford of the 95th and Franklin of the 43rd: A BILL to be entitled an Act to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to inspection of criminal records and purging, modifying, or supplementing of records, so as to provide that a person who is found not guilty after a criminal trial shall be entitled to have the record of his or her arrest expunged; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1564. By Representatives Benton of the 31st and Powell of the 29th: 1854 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, security interests, and liens, so as to change certain provisions relating to definitions; to change certain provisions relating to salvaged or rebuilt motor vehicles, inspections, and fees; to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine a term; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1565. By Representative Smyre of the 132nd: A BILL to be entitled an Act to amend Code Section 7-5-3 of the Official Code of Georgia Annotated, relating to the organization of credit card banks, so as to require credit card banks and domestic lenders to conduct criminal history background checks on employees who have access to credit card account information; to change certain provisions relating to the organization of credit card banks; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. HB 1566. By Representatives Hill of the 21st, Murphy of the 23rd and Byrd of the 20th: A BILL to be entitled an Act to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, approved February 8, 1950 (Ga. L. 1949-50, p. 102), as amended, particularly by an Act approved December 28, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 330), an Act approved March 2, 1966 (Ga. L. 1966, p. 119), an Act approved March 22, 1989 (Ga. L. 1989, p. 4192), an Act approved April 10, 1998 (Ga. L. 1998, p. 4447), so as to increase the amount of compensation paid to such judges by the county comprising the Blue Ridge Judicial Circuit; to provide for annual increases in the discretion of the governing authority; to authorize participation by such judges in county retirement, deferred compensation, or similar plans; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1567. By Representative Lane of the 158th: MONDAY, MARCH 6, 2006 1855 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 red drum as the official state salt-water fish; to provide legislative findings and declarations; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HR 1661. By Representative Hatfield of the 177th: A RESOLUTION celebrating the life of Noah Hershel Stokes and dedicating the Hershel Stokes Memorial Overpass; and for other purposes. Referred to the Committee on Transportation. HR 1662. By Representatives Buckner of the 130th, Smith of the 129th and Cheokas of the 134th: A RESOLUTION celebrating the life of Mary Will Robinson and dedicating the Mary Will Robinson Memorial Highway in her memory; and for other purposes. Referred to the Committee on Transportation. HR 1663. By Representatives Sheldon of the 105th, Brown of the 69th, Manning of the 32nd, Cox of the 102nd, Graves of the 137th and others: A RESOLUTION creating the House Study Committee on Public Health; and for other purposes. Referred to the Committee on Health & Human Services. HR 1664. By Representatives Sheldon of the 105th, Brown of the 69th, Manning of the 32nd, Cox of the 102nd, Graves of the 137th and others: A RESOLUTION creating the Joint Study Committee on Public Health; and for other purposes. Referred to the Committee on Health & Human Services. HR 1665. By Representative Reece of the 27th: 1856 JOURNAL OF THE HOUSE A RESOLUTION recognizing April 8, 2006, as Minority Entrepreneurship Education Day in Georgia; and for other purposes. Referred to the Committee on Economic Development & Tourism. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1494 HB 1499 HB 1500 HB 1501 HB 1502 HB 1503 HB 1504 HB 1505 HB 1508 HB 1510 HB 1511 HB 1512 HB 1513 HB 1514 HB 1515 HB 1536 HB 1542 HB 1546 HB 1547 HB 1549 HB 1550 HB 1551 HR 1608 HR 1609 HR 1634 HR 1635 HR 1636 SB 370 SB 423 SB 484 SB 504 SB 515 SB 535 SB 589 Representative Lane of the 158th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report: Mr. Speaker: Your Committee on Game, Fish and Parks has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 695 Do Pass, by Substitute HB 1460 Do Pass, by Substitute HB 1488 Do Pass HB 1489 Do Pass, by Substitute Respectfully submitted, /s/ Lane of the 158th Chairman MONDAY, MARCH 6, 2006 1857 Representative Walker of the 107th District, Chairman of the Committee on Human Relations and Aging, submitted the following report: Mr. Speaker: Your Committee on Human Relations and Aging has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1451 Do Pass, by Substitute 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 931 Do Pass, by Substitute Respectfully submitted, /s/ Willard of the 49th Chairman Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: Mr. Speaker: Your Committee on Judiciary Non-Civil has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1167 Do Pass HB 1193 Do Pass, by Substitute HB 1406 Do Pass SB 398 Do Pass 1858 JOURNAL OF THE HOUSE Respectfully submitted, /s/ Ralston of the 7th Chairman Representative Bridges of the 10th District, Chairman of the Committee on Retirement, submitted the following report: Mr. Speaker: Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 379 Do Pass, by Substitute Respectfully submitted, /s/ Bridges of the 10th Chairman Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 491 HB 831 HB 1394 HB 1474 HB 1475 HB 1476 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass Do Pass HB 1477 HB 1478 HB 1479 HB 1480 HB 1481 SB 501 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: MONDAY, MARCH 6, 2006 1859 Your Committee on Ways and Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 304 HB 834 HB 893 HB 1030 HB 1120 HB 1121 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute HB 1249 HB 1300 HB 1301 HB 1361 HR 773 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Respectfully submitted, /s/ O'Neal of the 146th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, MARCH 6, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 27th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 988 War of 1812 Bicentennial Commission; create HB 1470 Milton, City of; provide charter Modified Open Rule None Modified Structured Rule None Structured Rule HB 1012 General obligation bonds; requirements; provisions 1860 JOURNAL OF THE HOUSE 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 491. By Representative Jenkins of the 8th: A BILL to be entitled an Act to amend an Act to create the office of Commissioner of Towns County, approved March 14, 1984 (Ga. L. 1984, p. 4130), as amended, so as to reconstitute the board of commissioners of Towns County and revise and restate the law relating to the board; to provide for continuation in office of the present sole county commissioner; to provide for election of the five-member board of commissioners upon a vacancy in the office of sole commissioner; to provide for exercise of the power of the sole commissioner by the judge of the probate court until the vacancy is filled; to provide for the establishment of commissioner districts; to provide for the election and terms of office for subsequent members; to provide for filling vacancies; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes. 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 election of the five-member board of commissioners upon a vacancy in the office of sole commissioner; to provide for exercise of the power of the sole commissioner by the judge of the probate court until the vacancy is filled; to provide for the establishment of commissioner districts; to provide for the election and terms of office for subsequent members; to provide for filling vacancies; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for 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 submission of this Act for preclearance under the federal Voting Rights Act MONDAY, MARCH 6, 2006 1861 of 1965, as amended; to provide for a referendum; to provide for automatic repeal in certain circumstances; to provide for contingent effective dates; 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) Except as otherwise provided in subsections (b) and (c) of this section, 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 through December 31, 2008. On and after January 1, 2009, a board of commissioners shall be constituted as provided in this Act and shall be the governing 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 ten 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.' (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 of the board of commissioners, who shall take office as soon as 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 1862 JOURNAL OF THE HOUSE office as required by general law in the entire county. The chairperson must continue to reside within the county during that person's term of office, or that office shall become vacant. The chairperson shall devote full time to the duties of the 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 the entire county. 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 person's 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) Except as otherwise provided in subsections (b) and (c) of Section 1 of this Act, 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 MONDAY, MARCH 6, 2006 1863 December 31, 2012, 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 are or may be vested in the board by the Constitution or general laws of this state, including, but not limited to, the following: (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 1864 JOURNAL OF THE HOUSE 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 as required by law or as 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 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. MONDAY, MARCH 6, 2006 1865 (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 board's satisfaction. SECTION 8. (a) The chairperson of the board shall be compensated not less than the clerk of the superior court of Towns County in monthly installments from the funds of the county. The board of commissioners may supplement such pay as the members of the board deem appropriate by majority vote. (b) The commissioners other than the chairperson shall be compensated in the amount of $500.00 monthly from funds of the county. The commissioners other than the chairperson shall receive reimbursement for actual expenses incurred in the performance of their official duties." SECTION 2. 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 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Towns County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Towns County for approval or rejection. The election superintendent shall conduct that election on the third Tuesday in June, 2005, and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Towns County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which provides for a five-member board of commissioners, to be elected in November, 2008, or upon an earlier 1866 JOURNAL OF THE HOUSE ( ) NO vacancy in the office of the sole commissioner of Towns County?" 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 quoted Section 1 of Section 1 of this Act and the provisions of this Act relating to election of the five-member board of commissioners shall become of full force and effect immediately and the remainder of Section 1 of this Act shall become of full force and effect on January 1, 2009, or upon earlier election of a five-member board of commissioners in accordance with quoted Section 1 of Section 1 of this Act. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Towns County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. 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 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 MONDAY, MARCH 6, 2006 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 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 1867 1868 JOURNAL OF THE HOUSE 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. HB 831. By Representatives Warren of the 122nd, Howard of the 121st and Murphy of the 120th: 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. The following Committee substitute was read and adopted: A BILL 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 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 the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved MONDAY, MARCH 6, 2006 1869 February 4, 2002 (Ga. L. 2002, p. 3505), is amended by striking and reserving paragraphs (1), (5), (9), (10), (11), and (12) of subsection (a) of Section 1 and by inserting a new subsection at the end of Section 1 to read as follows: "(c)(1) Beginning May 1, 2006 through April 30, 2007, the following officials of Richmond County, Georgia, shall receive an annual salary, payable from the funds of Richmond County, Georgia, as follows: (A) Clerk of superior court and state court .............................................. $90,000.00 (B) Solicitor of the state court .................................................................... 90,000.00 (C) District attorney.................................................................................... 35,000.00 (D) Judge of the superior court .................................................................. 34,000.00 (E) Chief judge of the superior court ......................................................... 36,000.00 (F) Sheriff ................................................................................................. 105,000.00 (2) Beginning May 1, 2007, and thereafter, the following officials of Richmond County, Georgia, shall receive an annual salary, payable from the funds of Richmond County, Georgia, as follows: (A) Clerk of superior court and state court .............................................. $97,000.00 (B) Solicitor of the state court .................................................................... 97,000.00 (C) District attorney.................................................................................... 38,000.00 (D) Judge of the superior court .................................................................. 40,000.00 (E) Chief judge of the superior court ......................................................... 42,000.00 (F) Sheriff ................................................................................................. 110,000.00 (3) The compensation provided for in paragraphs (1) and (2) of this subsection shall be paid in equal monthly installments." SECTION 2. This Act shall become effective on May 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. HB 1394. By Representative Channell of the 116th: 1870 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend an Act providing a new charter for the City of Greensboro, approved March 16, 1978 (Ga. L. 1978, p. 3932), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act providing a new charter for the City of Greensboro, approved March 16, 1978 (Ga. L. 1978, p. 3932), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a new charter for the City of Greensboro, approved March 16, 1978 (Ga. L. 1978, p. 3932), as amended, is amended by adding a new subsection at the end of Section 1.11, to be designated subsection (c), to read as follows: "(c) In addition to the present territory included within the corporate limits of said town, the corporate limits shall also include the following: TRACT I: HIGHWAY 4411-20 TRACT PARCEL 1: All that tract or parcel of land lying and being in the 163rd G.M. District of Greene County, Georgia, containing 92.821 acres, more or less, and being more particularly described by plat or survey dated February 13, 1987, prepared for O.W. Johnson, Jr., by Timberland Management Services, Inc., W.W. Lester, RLS # 2128, and being recorded in Plat Book 15, Page 17, Greene County Records. This is the same land conveyed to Lewis Reckaway, Jr., by Warranty Deed dated February 16, 1982, recorded in Deed Book 86, Page 726, Greene County Records. This is the same land conveyed from Lewis Reckaway Jr., to O.W. Johnson, Jr., by deed dated March 19, 1987, recorded in Deed Book 116, Page 225, Greene County records. See also Deed Book 588, Pages 294-295, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No.: 052-0-00-023-0 PARCEL 2: All that tract or parcel of land lying and being in the 163rd G.M. District of Greene County, Georgia, containing 238.45 acres, more or less, and more particularly described according to a plat made by T. Larry Rachels, R.L.S., on the MONDAY, MARCH 6, 2006 1871 14th day of May, 1975, recorded in Plat Book 10, Page 26, Clerks Office, Greene County Superior Court, and incorporated herein by reference and to which reference is made for a more accurate and complete description. Said tract of land is bounded as follows: Now or formerly as follows: on the Northeast by lands of James H. Austin, formerly Whitehead Estate; on the Southeast by lands of E. Lloyd Lewis; on the Northwest by the right-of-way of Georgia Highway No. 44 leading from Eatonton, Georgia, to Greensboro, Georgia. This is the same tract of land conveyed by Abitibi Woodlands Corporation to Lassiter Properties, Inc. on September 6, 1973, by deed recorded in Deed Book 60, Pages 360 and 361. See also Deed Book 588, Pages 294-295, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No.: 052-0-00-024-0 PARCEL 3: All that tract or parcel of land, lying and being within the current corporate city limits of the City of Greensboro, 143rd G.M.D., Greene County, Georgia, and being comprised of 1.045 acres, more or less, being basically rectangular in shape, and being bounded more particularly as follows: BEGINNING at an iron pin, located on the northwestern corner of the tract herein conveyed, and where the same corners on the northeast with the lands of James C. Baynes, and on the northwest with the right-of-way of State Highway #44; running thence along such lands of Baynes S7115'19"E 301.31 feet to an iron pin; continuing thence along such lands of Baynes S7115'19"E 8 feet to the centerline of a branch (which centerline of the branch being the boundary line between the tract herein conveyed, and such other lands of Baynes); running thence along the centerline of such branch in a southwesterly direction, along the southeastern boundary of this tract herein conveyed (such direction being generally S840'23"W 148.85 feet) to a point in the center of such creek, such point marking the southeastern corner of the tract herein conveyed; running thence along lands of now or formerly of Wall Tire Co. N6848'40"W 13 feet to an iron pin; continuing thence along such lands of Wall Tire Co. N6858'40"W 327.25 feet to an iron pin, located on the southwestern corner of the tract herein conveyed, where the same corners on the southwest with such lands of Wall Tire Co., and on the northwest with such rightof-way of State Highway #44; running thence along a 5" curve and the arch of a chord N1900'00"E 132.70 feet to the POINT OF BEGINNING. This is the same tract or parcel of land as described in plat of survey entitled "Survey of Building Lot for Greene Co. Farm Bureau" by Lawrence A. Corry, RLS, dated October 30, 1992, and recorded in Plat Book 21, Page 11, in the office of the Clerk of the Superior Court of Greene County, Georgia; and this is a portion of the lands conveyed from JAMES C. BAYNES, as Executor under the Will of MARGUERITE JACKSON BAYNES to JAMES C. BAYNES and HARON GATEWOOD BAYNES, III, by Assent to Devise, dated April 1, 1985, and 1872 JOURNAL OF THE HOUSE recorded in Deed Book 96, Pages 560 in the Office of the Clerk of the Superior Court of Greene County, Georgia; The plats and deeds identified above are incorporated into this description by reference, as if fully set out herein, for a more sufficient description of this tract or parcel of land, and the property rights and interests conveyed and reserved in reference thereto. See Also Deed Book 243, Pages 119-120, Greene County, Georgia records, made a part hereof by reference Map & Parcel # 070-0-00-075-C PARCEL 4: All that tract or parcel of land, together with any and all improvements located thereon, lying and being in the 143rd District, G.M., Greene County, Georgia containing 1.35 acres, more or less, as is particularly shown on that certain plat of survey for Scott Turner prepared by Lawrence A. Corry, RLS, No. 1200, dated May 1, 1993, recorded in Plat Book 21, Page 53, in the Office of the Clerk of the Superior Court of Greene County, Georgia, which said plat and the record thereof are hereby incorporated herein and made a part hereof by reference. Said property is bounded, now or formerly, on the North and East by property now or formerly of Jimmy Baynes; on the South by Greene County Farm Bureau; and on the West by the eastern right-of-way of State Route #44 (South Main Street). This is the same land as that conveyed by Warranty Deed from James C. Baynes to D. Scott Turner dated July 2, 1993, recorded in Deed Book 253, Page 107-108, Greene County, Georgia Records. See Also Deed Book 655, Pages 654 and 655, Parcel Two, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No.: 070-0-00-075-D PARCEL 5: All that tract or parcel of land lying and being in the City of Greensboro 143rd G.M.D., Greene County, Georgia, and containing 0.99 acres, as per plat of survey dated December 18, 1995, for Lawrence D. Smith by Robert H. Harwell, Georgia RLS, and recorded in Plat Cabinet 1, Slide 394, Page 4, Greene County, Georgia, records, which plat is incorporated herein and made a part hereof by reference. See also Deed Book 565, Pages 113-114, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No.: 070-0-00-075-E MONDAY, MARCH 6, 2006 1873 PARCEL 6: All that certain tract or parcel of land lying and being in the 143rd District, G.M. of Greene County, Georgia, containing 192.73 acres, more or less, and being designated Tract 2 and having such shape, courses, metes and distances as will more fully appear by reference to that certain plat entitled Survey for Marquerite J. Baynes Estate prepared by Robert H. Harwell, Registered Surveyor, on March 28, 1985, and recorded in Plat Book 11, Page 136, in the Office of the Clerk of the Superior Court of Greene County, Georgia, which said plat and the record thereof are hereby incorporated herein and made a part hereof by reference. The land herein described is bounded generally on the north by State Highway No. 44; on the northeast by lands of James C. Baynes and H. G. Baynes, III (Tract No. 1 on plat hereinabove referred to); on the east by Georgia Kraft Company; on the south by Interstate 20; on the southwest by lands of Ann Dolvin Rozier; on the west by lands of William F. Wolski; and on the northwest by lands of City of Greensboro and lands of Mrs. R. L. Boswell, et.al. This is a portion of the land known as the Baynes-Foster Place conveyed to Mrs. Marquerite J. Baynes by deed from William R. Jackson, et.al. dated August 2, 1915, recorded in Deed Book 18, Page 371, in said Clerks Office, and land conveyed to the Estate of Marquerite J. Baynes by deed from Ann D. Rozier, dated March 15, 1985, recorded in Deed Book 96, Page 328, in said Clerks office, said deeds being here referred to in aid of this description. This is the same land described as Tract II in deed from James C. Baynes, Executor of Marquerite J. Baynes to American Real Estate Investment Company, Ltd. dated July 26, 1985 and recorded in Deed Book 97, Page 711, in said Clerks office; and also in deed from American Real Estate Investment Company, Ltd. to James Robert West and Donna Sue West dated January 12, 1988, recorded in Deed Book 128, Pages 161-2, in said Clerks office. See also Deed Book 218, Page 144 Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 070-0-00-080-0 PARCEL 7: All that certain lot or parcel of land lying and being in the 143rd District, G.M. of Greene County, Georgia, being described as follows: BEGINNING in the southwestern most corner of the property herein described, the same being a corner common to the property herein described, property of B. Barry Darugar and the easterly right-of-way of Georgia Highway 44 leading from downtown Greensboro to Interstate 20 and running thence in a northerly direction along said right-of-way to its intersection with a branch which traverses said rightof-way from northwest to southeast; thence proceeding easterly and southerly along said branch to its intersection with the centerline of Town Creek; thence along said centerline of Town Creek and the meanderings thereof to its 1874 JOURNAL OF THE HOUSE intersection with property of Darugar; thence along said Darugar property line to the point of beginning. The land herein described is bounded generally on the north and northeast by the aforesaid branch; on the east by Town Creek; on the south by lands of Darugar; and on the west by the right-of-way of Georgia Highway 44. See also Deed Book 398, Page 266 Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 071-0-00-007-0 PARCEL 8: All that certain tract or parcel of land lying and being in the 163rd G.M.D. of Greene County, Georgia, containing 10.935 acres, more or less, being bounded generally, now or formerly, on the West by Georgia Highway No. 44; South by the right-of-way of Interstate No. 20 leading from Madison to Augusta; Northeast by lands of the City of Greensboro; and Northwest by lands of American Real Estate Investment Company, Ltd., Jarrard, and DanWay Oil Company. The land herein described is more particularly shown as a 10.935 acre parcel on a plat by P.E. Ogletree, Registered Surveyor, dated December 1967, as follows: BEGINNING at the southwestern most corner of the property herein described, the same being an iron pin at the intersection of the easterly right-of-way of Georgia Highway 44 and the northerly right-of-way of Interstate No. 20, and running thence along said Georgia Highway No. 44 right-of-way North 31 04' East 147 feet to an iron pin; thence North 68 00' East 836.5 feet to an iron pin; thence South 44 55' East 922.7 feet to the right-of-way of Interstate 20; thence along said right-of-way South 86 57' West 176.6 feet to an iron pin; thence North 79 41' West 822.2 feet to an iron pin; thence North 81 41' North 522.2 feet to an iron pin and the point of beginning. This is the same property conveyed by Ann Colvin Rozier to Carol W. Hatfield and Eugene A. Hatfield by deed dated January 2, 1994, of record in Deed Book 268, Pages 272-273, Greene County records. See also Deed Book 748, Page 546, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 071-0-00-011-0 PARCEL 9: All that certain tract or parcel of land lying and being in the 163rd District, G.M. in Greene County, Georgia, the same containing 5.018 acres, more or less, and being bounded now or formerly as follows: On the north by the right-of-way of Interstate #20, on the northeast by land of Rozier, on the south by right-of way of county road leading easterly from Georgia Highway #44, and on the northwest by right-of-way of Highway #44. Said land has such shape, courses, metes and distances as will more fully appear by reference to that certain plat made by MONDAY, MARCH 6, 2006 1875 Robert H. Harwell, Registered Land Surveyor No. 1683, dated March 24, 1973, recorded in Plat Book 8, Page 16, Greene County, Georgia records, said plat made a part hereof by reference. LESS AND EXCEPT THE FOLLOWING: 0.70 of an acre, more or less, and being bounded now or formerly as follows: on the north by Interstate #20 right-ofway; on the east by property of James H. Austin; on the south by Meadow Crest Road (County Road No. 68); and on the west by Georgia Highway #44 and Interstate #20 right-of-way. Said property described on a plat of survey by Robert H. Harwell, Registered Surveyor No. 1683, dated February 8, 1992, and recorded in Plat Book 18, Page 163, Greene County, Georgia records, said plat made a part hereof by reference. This 0.70 acre parcel being the same property described in a Warranty Deed from James Austin to Gary Michael Jarrard and James R. Jarrard, said Deed dated February 10, 1992, recorded in Deed Book 220, Page 267, said records. See also Deed Book 668, Page 113 Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 071-0-00-026-0 PARCEL 10: All that certain tract or parcel of land lying and being in the 163rd District, G.M. in Greene County, Georgia, containing 1.00 acre, more or less (excluding Meadow Crest Road right-of-way) and described as follows: the point of beginning is the iron pin found at the northern-most corner of the 5.018 acres, more or less, as identified above, with the plat thereof recorded in Plat Book 8, Page 16 of Greene County Records aforesaid, said iron pin being located at the intersection of Interstate 20 and lands now or formerly of Ann D. Rosier as shown on such plat; thence South 32 degrees 38 minutes East a distance of 296.9 feet to an iron pin found; thence South 37 degrees 39 minutes East a distance of 36.6 feet to an iron pin found; thence South 57 degrees 44 minutes West a distance of 100.00 feet to an iron pin found; thence South 66 degrees 01 minutes West a distance of 100.00 feet to an iron pin found; thence North 15 degrees 58 minutes 24 seconds West to intersect with the Interstate 20 right-of-way as shown on said plat (a distance of approximately 360 feet); thence along the Interstate 20 right-of-way North 74 degrees 14 minutes East to the point of beginning. PARCEL 11: All that certain tract or parcel of land lying and being in the 163rd District, G.M. in Greene County, Georgia, containing 0.70 of an acre, more or less, and being bounded now or formerly as follows: on the north by Interstate #20 right-of-way; on the east by property of James H. Austin; on the south by Meadow Crest Road (County Road No. 68); and on the west by Georgia Highway #44 and Interstate 1876 JOURNAL OF THE HOUSE #20 right-of-way. Said property described on a plat of survey by Robert H. Harwell, Registered Surveyor No. 1683, dated February 8, 1992, and recorded in Plat Book 18, Page 163, Greene County, Georgia records, said plat made a part hereof by reference. This 0.70 acre parcel being the same property described in a Warranty Deed from James Austin to Gary Michael Jarrard and James R. Jarrard, said Deed dated February 10, 1992, recorded in Deed Book 220, Page 267, said records. See also Deed Book 668, Page 113 Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 071-0-00-026-A PARCEL 12: All that tract or parcel of land lying and being in the 163rd G.M.D. of Greene County, Georgia, containing 83.667 acres, more or less, and being more particularly described on Plat of Survey prepared by Robert E. Harwell, RLS #1683, dated June 7, 1983, recorded in Plat Book 13, Page 68, Greene County, records. Said property is bounded now or formerly as follows: On the North by lands of Jim Austin; on the East by lands of Anne Dolvin Rozier; on the South by lands of Anne Dolvin Rozier and Henry A. Lassiter; and on the West by lands of Henry A. Lassiter and the right-of-way of Georgia Highway 44. This is a portion of the same property conveyed by Warranty Deed from Lee M. Whitehead, Mrs. Blanche W. Moss, Roy B. Whitehead, Ellison F. Whitehead and William E. Whitehead to James H. Austin dated April 5, 1974, recorded in Deed Book 65, pages 96-97 of the records of the Clerk of the Superior Court of Greene County, Georgia. See also Deed Book 588, Page 296, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No.: 071-0-00-031-0 PARCEL 13: All that tract or parcel of land, with improvements thereon, situate, lying and being in the 163rd District, G.M. of Greene County, Georgia, containing 0.89 acre, more or less, and being more particularly described by reference to Plat of Survey thereof made for SUN-CO, INC. and prepared by Perry D. Phelps, R.L.S. No. 1384, dated January 31, 1994, and recorded in Deed Book 21, page 143, in the Office of the Clerk, Superior Court, Greene County, Georgia, reference being hereby made to said plat for a more complete description of the property herein conveyed. This being the same property conveyed to Robert M. Boswell, III by Warranty Deed from Sun-co, INC. dated March 18, 1994, and recorded in said Clerks Office. MONDAY, MARCH 6, 2006 1877 See also Deed Book 364, Page 85, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 071-0-00-033-0 PARCEL 14: ALL that tract or parcel of land lying and being in the 163rd District, G.M, Greene County; Georgia, containing 0.61 acres, more or less, and being more particularly described on plat of survey for Sun-Co, Inc. prepared by Robert H. Harwell, Georgia Registered Surveyor No. 1683, dated February 8, 1992 and recorded in Plat Book 18, page 162, in the Office of the Clerk, Superior Court, Greene County, Georgia, reference being hereby made to said plat for a more complete description of the property herein conveyed. This being the same property conveyed to Robert M. Boswell, III by Warranty Deed from Sun-Co, Inc. dated October, 1995, and recorded in said Clerks Office. See also Deed Book 364, Page 85, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 071-0-00-033-A PARCEL 15: All that tract or parcel of land lying and being in the 163rd G.M.D., Greene County, Georgia, containing 4.53 acres, more or less, and BEGINNING at a point on the southern right-of-way of County Road No. 68 that is 347.65 feet East of the eastern right-of-way of State Route No. 44; thence South 81 11' 12" East along the right-of-way of County Road No. 68 to a point; thence proceed North 84 46' 43" East along said right-of-way 417.36 feet chord, R=699.5 feet, Arc=424.44 feet to an iron pin; thence running South 28 39' 00" East 235.35 feet to an iron pin; thence running 240.00 feet to a point; thence running North 81 03' 03" West 545.00 feet to a point; thence running 88.16 feet to an iron pin; thence running North 6 34' 26" East 246.08 feet to the Point of Beginning. Subject property contains 4.53 acres, more or less, according to plat of survey prepared by Lawrence A. Corry, Registered Surveyor No. 1200, dated July 2, 1999, and recorded in Plat Cabinet 1, Slide 451, Page 4, in the Office of the Clerk of the Superior Court of Greene County, Georgia, which said plat and the record thereof are hereby incorporated herein and made a part hereof by reference. Prior Deed Reference: Warranty Deed from Lee M. Whitehead, Mrs. Blanche W. Moss, Roy B. Whitehead, Ellison F. Whitehead and William E. Whitehead to James H. Austin dated April 5, 1974, and recorded in Deed Book 65, Page 96-97, Greene County, Georgia records. The hereinabove conveyed property is all of the remaining property on the South side of the Meadowcrest Road owned by James H. Austin as conveyed in said prior deed reference. 1878 JOURNAL OF THE HOUSE See also Deed Book 523, Page 21 Map & Parcel No: 071-0-00-034-0 PARCEL 16: All that tract or parcel of land lying and being in G.M.D. 163rd of Greene County, Georgia, and being more particularly described as follows: Beginning at a point on the southern right-of-way of Meadowcrest Road (80-foot right-of-way), 288.0 feet easterly from the point of intersection of the southeastern right-of-way of GA Highway 44 (130-foot right-of-way) and the southern right-of-way of Meadowcrest Road, as measured along a line parallel to and 40 feet South of the center line of Meadowcrest Road. Said POINT OF BEGINNING being the northeast corner of property conveyed from Grantor herein to Sun-Co, Inc. by Deed dated February 10, 1992; thence South 84 degrees 22 minutes 01 seconds East from the POINT OF BEGINNING along the southern right-of-way of Meadowcrest Road 60.01 feet to a point; thence South 06 degrees 34 minutes 26 seconds West through other property of Grantor 246.08 feet to a point; thence South 83 degrees 03 minutes 52 seconds East 88.16 feet to a point, which is a common corner between property owned by Grantor and property owned by Henry A. Lassiter; thence South 34 degrees 23 minutes 20 seconds West along the property of Henry A. Lassiter 450.0 feet to a point; thence North 55 degrees 34 minutes 52 seconds West along the northern line of said Henry A. Lassiter property 315.0 feet to a point at the southern corner of property conveyed from Grantor to Jere M. Power by Deed dated December 16, 1986; thence North 34 degrees 26 minutes 08 seconds East along the southeastern line of said Power property 346.20 feet to the southern line of the aforementioned Sun-Co, Inc. property; thence South 83 degrees 25 minutes 52 seconds East along said Sun-Co, Inc. property 158.35 feet to a point; thence North 06 degrees 34 minutes 26 seconds East along the eastern line of said Sun-Co, Inc. property 201.13 feet to the southern right-of-way of Meadowcrest Road and the POINT OF BEGINNING. Together with any right, title or interest held by Grantor in that certain easement for access, ingress and utilities, which is 207.79 feet in length, has a width of 40 feet and runs from GA Highway 44 to the southwest corner of the above-described property; said easement being reserved in the aforementioned Deed from Grantor to Jere M. Power, which was dated December 16, 1986. See also Deed Book 255, Page 257 Map & Parcel No: 071-0-00-034-A TRACT II: HIGHWAY 278/PLANING MILL RD. TRACT PARCEL 17: All that tract or parcel of land lying and being in the 143rd District, G.M., Greene County, Georgia, containing two (2) acres, more or less, with all improvements MONDAY, MARCH 6, 2006 1879 thereon, lying on the west side of the Greensboro-Penfield public road, beginning at a point at the southeast corner of the lot hereby conveyed where same corner with lands of Mapp on the western boundary of the right-of-way of said Greensboro-Penfield Road and running in a westerly direction along the property line of said Mapp a distance of 420 feet to lands of Mrs. Miriam A. Thornton, thence in a northerly direction along the property line of said Mr. Thornton a distance of 200 feet to a point, thence in an easterly direction along the property line of Champion a distance of 420 feet to the western boundary of said Greensboro-Penfield Public Road right-of-way, thence in a southerly direction along the western boundary of the right-of-way of said Greensboro-Penfield public road a distance of 200 feet to point of beginning. Said parcel of land being bounded on the north by lands of Champion, east by said Greensboro-Penfield public road, south by lands of Mapp, and west by land of the said Mrs. Thornton. See also Deed Book 726, Page 651, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-027-0 PARCEL 18: All that tract or parcel of land lying and being in the 143rd G.M.D., Greene County, Georgia, being comprised of 1.10 acres, more or less, bounded as follows: On the north by lands of G. Thomas; on the east by the westerly right-of-way of the Greensboro-Penfield public road; on the south by lands of W. Hall; and on the west by lands of Anderson. This being the same tract or parcel of land as described in plat of survey by Perry D. Phelps, Registered Surveyor, dated April 10, 1975, and recorded in Plat Book 8, Page 289 in the office of the Clerk of Superior Court of Greene County, Georgia. This is also the same tract or parcel of land being described in U.S. Marshal's Deed from Dwayne Gilbert, United States Marshal, to William R. Wilson, dated December 8, 1978, and recorded in Deed Book 78, Pages 147-9 in the office of the Clerk of the Superior Court of Greene County, Georgia, and also that same tract or parcel of land as described in Security Deed from Addie L. Mapp to the United States of America, acting by and through the Farmers Home Administration, dated August 11, 1975, and recorded in Deed Book 69, Pages 12-15 in said Clerks office; said deeds and plat are incorporated herein by reference for a more sufficient description of that tract or parcel of land herein described. See also Deed Book 90, Page 516, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-028-0 PARCEL 19: All that lot of land lying and being in Greene County, Georgia, 143rd District, 1880 JOURNAL OF THE HOUSE G.M., containing 1.446 acres, more or less, and bounded on the North by land of Addie Lue Mapp; on the East by the Greensboro-Penfield public road; on the South by land of J.E. Akins; an don the West by land of the City of Greensboro, this being the same lot of land shown on plat thereof by L.A. Corry, Surveyor, dated March 24, 1973, and recorded in Plat Book 8, Page 281, office of the Clerk of Superior Court, Greene County, Georgia, and made part hereof by reference. This being the same land described in deed from Melvin Stephens to William R. Wilson, dated March 21, 1975, and recorded in Deed Book 68, Page 26, said Clerks office. See also Deed Book 68, Page 452, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-029-0 PARCEL 20: All that tract or parcel of land, together with all improvements thereon, lying and being situate in the 143rd District, G.M. of Greene County, Georgia, and being more particularly described as follows: Beginning on the western boundary of the Greensboro-Penfield public road at corner between land of J.E. Akins and land of Wyman Hall; and running thence westerly along line of said Hall land twohundred feet (200) feet, more or less, to line of land of City of Greensboro (now used as a trash and garbage dumping ground); thence southerly along line of said City of Greensboro land one-hundred fifty (150) feet, more or less, to the northern boundary of a dirt road leading westerly from said Greensboro-Penfield public road to land of McCommons; thence easterly along the northern boundary of said dirt road two-hundred (200) feet, more or less, to the western boundary of said Greensboro-Penfield public road, and thence northerly along said GreensboroPenfield public road one-hundred fifty (150) feet, more or less, to the beginning point. The land herein conveyed is bounded on the North by land of Wyman Hall, on the East by the western boundary of the Greensboro-Penfield public road, on the South by the northern boundary of a dirt road leading westerly from the Greensboro-Penfield public road to land of McCommons, and on the West by land of the City of Greensboro. This is the same land conveyed by J.E. Akins to L.C. Reid by deed dated November 16, 1964, recorded in Deed Book 50, Page 170, in the office of the Clerk of the Superior Court of Greene County, Georgia. See also Deed Book 704, Page 635, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-030-0 MONDAY, MARCH 6, 2006 1881 PARCEL 21: All that tract or parcel of land lying and being in the 143rd G.M. of Greene County, containing 1 acre, more or less, and having such shape, courses, metes and distances as will more fully appear by reference to that certain plat of survey prepared by John B. McGill, dated March 27, 1973, and recorded in Plat Book 8, Page 117 in the office of the Clerk of the Superior Court of Greene County, Georgia, said plat and the record thereof are incorporated herein by reference, in aid of this description. See also Deed Book 493, Page 167, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-037-0 PARCEL 22: All that tract or parcel of land lying and being in Greene County, Georgia, G.M. District 143, bounded West by Penfield public road; on the North and Northeast by lot now or formerly of Mattie H. Alexander, on East by lot now or formerly of Higdon Estate, on the South by lands now or formerly of Almetta Barnhart and being the same lot of land shown on plat of survey by Lawrence A. Corry, dated August 8, 1978, recorded in the office of the Clerk of Superior Court of Greene County, Georgia in Plat Book 8, Page 81 and being the same lot of land described in deed from Almetta Barnhart to Joe N. Turner, dated October 30, 1973, and recorded in said Clerks office, said plat and deed made a part hereof by reference. Subject to all easements and restrictions of record, if any. See also Deed Book 735, Page 409, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-038-0 PARCEL 23: All that certain lot or parcel of land together with any and all improvements thereon, lying and being in the City of Greensboro, Greene County, Georgia, 143rd District, G.M., containing .52 acres, more or less and being more particularly shown on that certain Plat of Survey for Louis Smith, prepared by Robert H. Harwell, RLS # 1683 dated October 2, 2002, said plat recorded in Plat Cabinet 1, Slide 554, Page 3, in the Office of the Clerk of the Superior Court of Greene County, Georgia, which said plat and the record thereof are hereby incorporated herein and made a part hereof by reference. This is a portion of the property conveyed to Leroy Smith and Annie Lou Smith by Warranty Deed recorded in Deed Book 44, Page 30, aforesaid records. 1882 JOURNAL OF THE HOUSE See also Deed Book 778, Pages 450-451, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-040-B PARCEL 24: All that lot of land lying and being in the Greene County, Georgia, 143rd District, G.M., containing one (1) acre, more or less, as shown by plat of same by Perry D. Phelps, Surveyor, dated October 19th, 1968, and said plat is recorded in the office of the Clerk of the Superior Court, Greene County, Georgia in Plat Book 6, Page 121, said plat made part hereof by reference the within conveyed lot of land being bounded Northeast by land of Georgia Kraft Company; on the East and South by land of LeRoy Smith and Annie Lou Smith; and on the West by land of Alameta D. Barnhart said property also being the same described in deed from LeRoy Smith and Annie Lou Smith to Robert Lee Brown by deed dated November 30th, 1971, and recorded in said Clerks office in Deed Book 55, Page 121, this said deed also made a part hereof by reference. See also Deed Book 246, Page 206, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-041-0 PARCEL 25: All that certain tract or parcel of land lying and being in the 143rd District, G.M. of Greene County, Georgia, containing 13.77 acres, more or less, and having such shape, courses, metes and distances as shown on a plat of survey prepared by Lawrence A. Corry, Registered Surveyor #1200, said plat being recorded in Plat Book 21, Page 121, in the Office of the Clerk of the Superior Court of Greene County, Georgia, and more particularly described as follows: BEGINNING at the southeast corner of the tract herein described, being an iron pin on the north line of County Road No. 134 and being referenced S 61 degrees 55' 04" W 637.77 feet from an iron pin; thence along the north line of said County Road No. 134 S 61 degrees 55' 04" W 999.29 feet; thence leaving the line of said road N 15 degrees 17' 34" W 800.36 feet to an iron pin on the east line of said road S 925; thence along said east line of road S 925 N 26 degrees 36' 35" E 65.99 feet to an iron pin; thence leaving the line of said road S 87 degrees 44' 39" E 1085.06 feet to an iron pin; thence S 03 degrees 47' 05" W 318.61 feet to the POINT OF BEGINNING. This is the same property as that described in Limited Warranty Deed from Georgia-Pacific Corporation to Robert A. Lebeaux dated January 12, 1994, recorded in Deed Book 269, Pages 5-7, Greene County, Georgia, records, incorporated herein by reference. MONDAY, MARCH 6, 2006 1883 See also Deed Book 315, Page 194-195, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-042-0 PARCEL 26: All of that tract or parcel of land lying and being in the 143rd GMD, Greene County, Georgia, containing 1.5 acres of land, more or less, and being known as the "Log Cabin Lot" bounded north by lands formerly of C.L. Williams but now property of Tom Cannon; East by lands formerly of C.L. Williams but now the property of Tom Cannon; South by old Greensboro-Union Point public road; West by lands formerly of Mrs. S.H. Conley but now a pulpwood yard. This being the same property formerly owned by Frank A. Boswell and by him deeded to Annie Lee Thomas. See also Deed Book 680, Page 455, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-043-0 PARCEL 27: All that tract or parcel of land lying and being in the 143rd G.M.D., Greene County, Georgia, and being designated as Tract 5 containing 6.99 acres, more or less, and being more particularly described in a plat of survey by R.V. Baldwin, RLS #2655, dated August 24, 2000, which is recorded in Plat Cabinet 1, Slide 547, Page 1, Office of the Clerk of Greene County Superior Court to which reference is made for the true and accurate description of this property. Prior Deed Reference: The within conveyed property is a portion of that deeded to R.L. Boswell on February 29, 2000 by a Limited Warranty Deed from LouisianaPacific Corporation which is recorded in Deed Book 529, Pages 26-29, said records. Subject to those certain Declaration of Protective Covenants dated February 20, 2000 and recorded in Deed Book 529, Pages 30-33, said records. See also Deed Book 768, Page 631, Greene County, Georgia, records, made a part hereof by reference Parcel number 086-0-00-078-B PARCEL 28: All that certain tract or parcel of land lying and being in the 143rd District, G.M., Greene County, Georgia, containing 1.15 acres, more or less, and having such shape, courses, metes and distances as will more fully appear by reference to that certain plat of survey prepared by The Oconee Company, certified by John A. 1884 JOURNAL OF THE HOUSE McGill, Georgia Registered Surveyor No. 1753, dated March 30, 2000, and recorded in Plat Cabinet 1, Slide 455, Page 1, in the Office of the Clerk of the Superior Court of Greene County, Georgia, which said plat and the record thereof are hereby incorporated herein and made a part hereof by reference. Prior Deed Reference: Warranty Deed from Jessie Moon to H.E. Norman and Mary Ruth Norman dated December 4, 1965, recorded in Deed Book 50, Page 520, Greene County, Georgia records. See also Deed Book 534, Page 14, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-079-0 PARCEL 29: All that certain tract or parcel of land, together with all improvements located thereon, lying and being in the 143rd District, G.M., Greene County, Georgia, containing 3.02 acres, more or less, and having such shape, courses, metes and distances as will more fully appear by reference to that certain plat of survey prepared by The Oconee Company, certified by John A. McGill, Georgia Registered Surveyor No. 1753, dated March 29, 2000, and recorded in Plat Cabinet 1, Slide 455, Page 6, in the Office of the Clerk of the Superior Court of Greene County, Georgia, which said plat and the record thereof are hereby incorporated herein and made a part hereof by reference. Prior Deed Reference: Warranty Deed from Jessie Moon to H.E. Norman and Mary Ruth Norman dated December 4, 1965, recorded in Deed Book 50, Page 520, Greene County, Georgia records. See also Deed Book 534, Page 15, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-079-A PARCEL 30: All that tract or parcel of land situate, lying and being in the 143rd District, G.M., in Greene County, State of Georgia, together with all the improvements thereon, formerly a portion of Knox Lumber Company Lands, being located on public road leading from Old Union Point Road to U.S. Highway 278, containing 2.255 acres, more or less, and bounded now or formerly as follows: on the North by Georgia Railroad right-of-way, on the East by lands of Jesse L. Moon, on the South by public road as above mentioned and on the West by lands of J.B. Dolvin. As further description, refer to that plat recorded in Plat Book 4, Page 72 in the Office of the Clerk of Superior Court, Greene County, Georgia. MONDAY, MARCH 6, 2006 1885 This being the same property conveyed from Della W. Hanson to Carolyn Turner in a Warranty Deed dated April 27, 1970 and recorded in Deed Book 56, Page 81, said records. See also Deed Book 481, Page 101, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-080-0 PARCEL 31: All that tract or parcel of land lying and being in the 143rd District, G.M., Greene County, Georgia, containing 2.23 acres, more or less, bounded as follows: North by Georgia Railroad; East by lands of Carolyn Turner; South by public road known as the old Greensboro-Union Point Road; and on the West by lands of Len Dolvin. Said tract of land is the same land as that described in a deed from Donie Ewing, et.al., to J.M. Stubblefield, et.al., recorded in Deed Book 51, Pages 398399, Clerks Office, Greene County, Georgia, and is more particularly described by a plat of the same recorded in Plat Book 4, Page 22, said records. See also Deed Book 259, Page 228, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-081-0 PARCEL 32: All that certain tract or parcel of land situate, lying and being in the 143rd G.M.D., of Greene County, Georgia, containing 5.638 acres, more or less. Said tract is bounded on the North and Northwest by the right-of-way of the Georgia Railroad; on the Northeast and East by lands of Mrs. Donnie Ewing; on the South by County Road #151 and lands of Jettie Mitchell, and Charlie Reid; on the West of lands of Jettie Mitchell and lands of Schoerner Corporation. This being a portion of the land acquired in that deed from Rochelle Furniture Manufacturing Company to J.B. Dolvin, dated November 17, 1958, now of record in Deed Book 45, at Page 3. Said tract if fully described as to shape, courses, metes, distances and bounds in a plat thereof made by Lawrence A. Corry, R.L.S., dated March 26, 1984, identified as lands of J.B. Dolvin Estate, a copy of which is now of record in Plat Book 13, Page 232. See also Deed Book 303, Page 37, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-082-0 PARCEL 33: All that tract or parcel of land lying and being the 143rd District, G.M. of Greene County, Georgia, formerly a portion of Knox Lumber Company lands, being 1886 JOURNAL OF THE HOUSE designated as Lots No. 5 and 6, J.B. Dolvin Subdivision as shown by plat of said subdivision of record in office of the Clerk of the Superior Court of Greene County, Georgia, in Plat Book 4, Page 44, which said plat is expressly made part hereof by reference in aid of this description. Said lots bounded as follows: North by Lot No. 7 of said subdivision, East by lands of J.B. Dolvin, South by public road from Greensboro, Georgia to Union Point, Georgia, West by Lot No. 1 of said subdivision. See also Deed Book 487, Page 285, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-083-0 PARCEL 34: All that tract or parcel of land lying and being situated in the 143rd District G.M. in Greene County, Georgia, formerly a portion of Knox Lumber Co. Lands, being designated as Lot No. 1, J.B. Dolvin Subdivision as shown by plat of said subdivision of record in the office of the Clerk of Superior Court of Greene County, Georgia, in Plat Book 4, Page 44, which said plat is expressly made a part hereof by reference in aid of this description. Said lot bounded as follows: North by Lot No. 2 of said subdivision, East by Lots No. 5 and 6 of said subdivision, South by public road from Greensboro, Georgia to Union Point, Georgia, West by lands of W.B. & R.R. Caldwell. See also Deed Book 356, Page 86, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-084-0 PARCEL 35: All that tract or parcel of land situate, lying and being in the 143rd District, G.M., Greene County, Georgia, said property being 1 acre more or less. Beginning at a point located on the Southern side of Planing Mill Road which is the Northeastern most corner of the property owned now or formerly by Vincent Lewis as shown in the Greene County Superior Court Clerks Records Plat Book 7, Page 142, Deed Book 588, Page 15; said point being the point of BEGINNING; thence Northeasterly N8105'34"E for a distance of 210 feet to an iron pipe; thence Southeasterly S2526'22E for a distance of 216.36 feet to an iron pipe; thence Southwesterly S8105'34"W 210 feet to an iron pin; thence Northwesterly N2526'22"W for a distance of 216.22"W for a distance of 216.36 feet to the point of beginning. Said property will more fully appear by reference as Track #1 in a plat of survey by Edwin R. Cowherd, RLS No. 1710, dated June 3, 2005 and recorded in Plat Cabinet 1, Slide 566, Page 7, Office of the Clerk of Superior Court of Greene MONDAY, MARCH 6, 2006 1887 County, Georgia, said plat is incorporated herein and made part hereof by reference. See also Deed Book 800, Page 612, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-086-0 PARCEL 36: All that tract or parcel of land situate, lying and being in the 143rd District, G.M., Greene County, Georgia, said property being 1 acre more or less. Beginning at a point located on the Southern side of Planing Mill Road which is the Northeastern most corner of the property owned now or formerly by Vincent Lewis as shown in the Greene County Superior Court Clerks Records Plat Book 7, Page 142, Deed Book 588, Page 15; said point being the point of BEGINNING; thence Northeasterly N8105'34"E for a distance of 210 feet to an iron pipe; thence Southeasterly S2526'22E for a distance of 216.36 feet to an iron pipe; thence Southwesterly S8105'34"W 210 feet to an iron pin; thence Northwesterly N2526'22"W for a distance of 216.22"W for a distance of 216.36 feet to the point of beginning. Said property will more fully appear by reference as Track #2 in a plat of survey by Edwin R. Cowherd, RLS No. 1710, dated June 3, 2005 and recorded in Plat Cabinet 1, Slide 566, Page 7, Office of the Clerk of Superior Court of Greene County, Georgia, said plat is incorporated herein and made part hereof by reference. See also Deed Book 800, Page 611, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-086-A PARCEL 37: All that tract or land lying and being within the 143rd District, Greene County, Georgia containing 15 acres, more or less, being bounded on the North by Planning Mill Road The Old Greensboro Union public road; on the East by lands of Janie and Joan Marchman and lands of Albert C. McNair; on the South by lands of Gus Terrell, Jr., Tony Compton, Ruth J. Rhodes, Robert & Debra Miller, and James Green; on the West by lands of Willie A. Horton and Shirley and William W. Reeves, being the same land conveyed by deed recorded in Deed Book 165, Page 129, being designated on Greene County Tax Map 86, Parcel 87. Subject to all easements and restrictions of record, if any. 1888 JOURNAL OF THE HOUSE See also Deed Book 759, Page 259, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-087-0 PARCEL 38: All that tract or parcel of land lying and being in the 143rd G.M.D., Greene County, Georgia, being triangular in shape and being comprised of one (1) acre, bounded on the north by a public road often referred to as the "Old GreensboroUnion Point Road"; on the east by lands of Albert C. McNair, formerly of Greensboro Industrial Corporation; and on the southwest by lands of William J. Breeding, formerly of Sadler Mapp. This is the same tract or parcel of land as described in a plat of survey entitled "Lot of Land Sold by Greensboro Industrial Corporation to Olin Cawthon" by J.N. Turner, dated November 8, 1950, and recorded in Plat Book 2, Page 456 in the office of the Clerk of the Superior Court of Greene County, Georgia; this is also the same tract as conveyed to Olin C. Cawthon from Greensboro Industrial Corporation, dated July 20, 1956, and recorded in Deed Book 42, Page 171 in said Clerks office; and in Assent to Devise from J.L. Lundy, Executor of the Estate of Olin C. Cawthon, to Hallie L. Cawthon; Beatrice C. Trever Garrison; David Callaway; Tracy Callaway; and Terry Callaway, dated June 6, 1981, and recorded in Deed Book 85, Page 205 in said Clerks office. The plat and deeds mentioned above are incorporated herein by reference for a more sufficient description of that tract or parcel of land herein conveyed. This conveyance includes all improvements presently located on the above-described real estate, including house, shop and garage. See also Deed Book 92, Page 255, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-088-0 PARCEL 39: All that tract or parcel of land lying and being in Greene County, Georgia, and more particularly described as follows: lying and being in 143rd District, G.M., said State and County, and containing two and one-half (2 ) acres, more or less, and bounded on the North by public road, across from which lies land of Greensboro Industrial Corporation (now or formerly); East by land of Jesse L. Moon; South by land of Sadler Map Estate; and West by land of Olin Cawthon. This being the same property as described in deed from Jesse L. Moon to first party herein, William Corry, dated December 3, 1965, and recorded in Office of the Clerk of the Superior Court, Greene County, Georgia, in Deed Book 50, Page 512, said deed made a part hereof by reference. See also Deed Book 52, Page 268, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 086-0-00-089-0 MONDAY, MARCH 6, 2006 1889 PARCEL 40: All that tract or parcel of land, lying and being in the 143rd G.M.D., Greene County, Georgia, being comprised of 2.94 acres, more or less, and being bounded now or formerly as follows: on the northwest by lands of William J. Breeding, lands of Robert & Debra Miller, and lands of Alberta H. Wright, on the north by lands of William J. Breeding, on the east and southeast by lands of Clinton Callaway and lands of Fleta & Lovett Williams, and on the southwest by lands of Lillian Mapp. This is the same tract or parcel of land as shown on plat of survey by Robert H. Harwell, RLS, dated November 24, 1985, entitled "Survey for Frank C. Mapp", and recorded in Plat Book 14, Page 11 in the office of the Clerk of the Superior Court of Greene County, Georgia, LESS AND EXCEPTING THEREFROM, 0.72 of an acre as described on plat of survey entitled "Survey for Leon & Alberta Wright", by Robert H. Harwell, RLS, dated October 3, 1986, and recorded in Plat Book 14, Page 109 in said Clerks office; this is also the same tract or parcel of land described in Warranty Deed from Yvonne Tonett Mapp and Hattie E. Mapp to Alberta Wright, dated June 5, 1987, and recorded in Deed Book 118, Page 284 in said Clerks office, LESS AND EXCEPTING THEREFROM, the 0.72 of an acre as described in Warranty Deed from Frank C. Mapp and Yvonne Tonett Mapp to Alberta Wright, dated October 10, 1988, and recorded in Deed Book 110, Page 272 in said Clerks office. See also Deed Book 223, Page 39, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 087-A-00-032-0 PARCEL 41: All that lot of land lying and being in Greene County, Georgia, 143rd District, G.M., containing seventy-two one-hundredths, (.72), of an acre, more or less, and bounded on the North by lot of Robert and Debra Miller; on the East by land of Frank C. Mapp; on the South by land of Frank C. Mapp; and on the West by land of Frank C. Mapp and land of said Robert and Debra Miller, and being the same lot of land shown on plat thereof by Robert H. Harwell, dated October 3, 1986, hereto attached, and also recorded in Office of Clerk, Superior Court, Greene County, Georgia, in Plat Book 14, Page 109; said plat made a part hereof by reference. First parties grant unto second party an easement along the road leading from State Route #12 in a northerly direction to the above described property; said easement to be perpetual and to run with the land, and for purposes of egress and ingress to said above-described property. 1890 JOURNAL OF THE HOUSE See also Deed Book 110, Page 272, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 087-A-00-033-0 PARCEL 42: All that lot of land lying and being in Greene County, Georgia, 143rd District, G.M., containing one (1) acre, more or less, and bounded on the North by land of Clinton Callaway, on the East by land of said Clinton Callaway, on the South by land of Allen, and on the West by land of Wright, formerly Mapp land. This being the same lot of land shown on plat thereof by Perry D. Phelps, dated September 4th, 1988, hereto attached and also recorded in Office of Clerk, Superior Court, Greene County, Georgia in Plat Book 16, Page 121; said plat made a part hereof by reference. This being a part of the land deeded to Clinton Callaway by deed of Paul Thomas and Ed Higdon. See also Deed Book 140, Page 317, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No: 087-A-00-035-0 PARCEL 43: All that lot of land lying and being in Greene County, Georgia, 143rd District, G.M., containing 2.77 acres, more or less, and bounded on the North by land of Tony Compton; on the East by old Fairgrounds Road; on the Southeast and South by Highway #12 and the above lot number 1; and on the West by land of Allen this being the same lot of land as is shown on plat thereof by Robert H. Harwell, dated November 8, 1993, hereto attached, and also recorded in Office of Clerk, Superior Court; Greene County, Georgia, in Plat Book 21, page 99; said plat made part hereof by reference. See also Deed Book 265, page 16, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No. 087-A-00-038-0 PARCEL 44: All that lot of land lying and being in Greene County, Georgia, 143rd District, G.M., containing one (1) acre, more or less, and bounded on the North by land of Gus Terrell; on the East by land of said Gus Terrell; on the West by other land of Clint Callaway, and being triangular in shape, and more particularly shown on plat thereof by Piedmont Engineering and Surveying Co., dated July 24, 1989, hereto attached, and also recorded in Office of Clerk, Superior Court, Greene County, MONDAY, MARCH 6, 2006 1891 Georgia, in Plat Book 16, page 248; said plat made part hereof by reference in aid of this description. See also Deed Book 159, Page 216, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No.: 087-A-00-039-0 PARCEL 45: All that lot or parcel of land lying and being in Greene County, Georgia, 143rd District, G.M., containing one and ninety-five one-hundredths (1.95) acres, more or less, and bounded on the North by land of Greensboro Lumber Company; on the East by land of Gary Terrell; on the South by land of Clinton Callaway; and on the West by land of Greene County Fairground; and being the same property shown on plat thereof by Perry D. Phelps, Surveyor, dated November 11, 1986, hereto attached, and also recorded in Office of Clerk, Superior Court, Greene County, Georgia, in Plat Book 14, page 118; said plat made part hereof by reference. This being part of the land described in deed from Thomas and Higdon to Clinton Callaway in year 1951, of 9.10 acres, more of less; reference also made to plat recorded in Plat Book 7, page 107, said Clerks Office. See also Deed Book 112, Page 44, Greene County, Georgia, records, made a part hereof by reference Parcel # 087-A-00-040-0 PARCEL 46: All that tract or parcel of land lying and being in the 143rd G.M.D., Greene County, Georgia, being comprised of 0.74 acre, described more particularly as follows: BEGINNING at an iron pin located North 35 degrees West 253.0 feet from the intersection of the "Fairground Road" with the northwesterly right-ofway of State Route #12, at a point along the northeasterly side of the "Fairground Road" where lands of the Church of God intersect with the tract herein conveyed on the southeast; running thence along such lands of the Church of God North 40 degrees 30 minutes East 334.5 feet to an iron pin, located on the northeastern corner of the tract herein conveyed where the same borders on the southeast with such lands of the Church of God, and lands of Greensboro Lumber Company on the northeast; running thence along such lands of Greensboro Lumber Company North 69 degrees West 116.0 feet to an iron pin, located on the northwestern corner of the tract herein conveyed, where the same corners with such lands of the Greensboro Lumber Company on the northeast and lands of Clint Callaway on the northwest; running thence along such lands of Callaway South 40 degrees 30 minutes West 257.05 feet to an iron pin, located where the tract herein conveyed 1892 JOURNAL OF THE HOUSE borders with such lands of Callaway on the northwest and the "Fairground Road" on the southwest; running thence along such "Fairground Road" South 30 degrees East 116.0 feet to the POINT OF BEGINNING. This is the same tract or parcel of land described in plat of survey by Perry D. Phelps, RLS, dated February 24, 1985, and recorded in Plat Book 13, page 252, in the office of the Clerk of the Superior Court of Greene County, Georgia, and is a portion of the lands conveyed from P.H. THOMAS to CLINTON CALLAWAY, dated April 3, 1956, and recorded in Deed Book 31, page 441 in said Clerks office; said deed and plat are incorporated herein by reference as if fully set out herein for a more sufficient description of that tract or parcel of land herein conveyed. Together with an easement of ingress and egress over the "Fairground Road" as shown on said plat, such easement being perpetual in nature and duration. See also Deed Book 96, Page 180, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No.: 087-A-00-041-0 PARCEL 47: All that tract or parcel of land lying and being in the 143rd District, G.M. of Greene County, Georgia, containing 1.90 acres, more or less, and bounded southeast by State Highway No. 12; Southwest and Northwest by lands of Clinton Callaway; Northeast by lands of Greensboro Lumber Co. and lands of C.L. Bryant; Southeast by lands of Angles, of J.L. Lundy and of C.L. Bryant. A plat of said land made by J.N. Turner, surveyor, appears of record in office of Clerk, Superior Court of Greene County, Georgia in Plat Book 3, page 167, and said plat and the record thereof are hereby expressly made part hereof by reference in aid of this description. See also Deed Book 45, Page 340, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No.: 087-A-00-042-0 PARCEL 48: All that tract or parcel of land, together with house and improvements thereon, situated, lying and being in the 143rd District, G.M., Greene County, Georgia, and being bounded now or formerly as follows: on the southeast by State Highway #12 between Greensboro and Union Point; on the northeast by lands of R. L. Boswell, Jr.; on the northwest by lands of Greensboro Lumber Company; and on the southwest by lands of Hallie L. Cawthon. This is the same property as described in the following deeds: (1) J.R. Angles and Mamie Angles by deed from W. A. Nipper, dated April 19, 1953, and recorded in Deed Book 39, page 388 in the office of the Clerk of the Superior Court of Greene County, Georgia; (2) deed from Guy H. Bryant, dated December 17, 1953, recorded in Deed Book 39, page MONDAY, MARCH 6, 2006 1893 228 in said Clerks office; (3) warranty deed from Mrs. Mamie Angles to Roy G. Angles, dated August 11, 1970, and recorded in Deed Book 54, page 480 in said Clerks Office; (4) quitclaim deed from Mamie Angles to Roy G. Angles, dated October 16, 1985, and recorded in Deed Book 99, page 21 in said Clerks Office; and (5) Deed Under Power of Sale from Athens Federal Savings Bank, as Attorney-in-Fact for Roy G. Angles, to Athens Federal Savings Bank, dated December 6, 1988, and recorded in Deed Book 145, pages 324-6 in said Clerks Office. This is also the same property at least partially described in plat of survey by J.N. Turner, dated April 13, 1954, entitled "...lot of land surveyed for J.R. Angles..." and recorded in Plat Book 2, page 347 in said Clerks Office; and further identified in proceedings of years support as described in Years Support Book C, page 23 in the office of Judge of the Probate Court of Greene County, Georgia. The deeds, plat and proceeding identified herein are incorporated into this description by reference as if fully set out herein, for a more sufficient description of that tract or parcel of land herein conveyed. See also Deed Book 168, Page 26, Greene County, Georgia, records, made a part hereof by reference Map & Parcel No.: 087-A-00-047-00" 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. HB 1474. By Representative May of the 111th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Monroe, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to revise certain provisions relating to quorum requirements; to change and extend the corporate limits of the City of Monroe; to provide for a new Article VI, relating to municipal utilities; 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 1475. By Representative Ralston of the 7th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ellijay in Gilmer County, approved April 11, 1979 (Ga. L. 1979, p. 3881), so as to change the corporate limits of the city; to provide for the 1894 JOURNAL OF THE HOUSE inclusion of certain additional territory as a part of the City of Ellijay; 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 1476. By Representative Freeman of the 140th: A BILL to be entitled an Act to amend an Act restating and reenacting a certain homestead exemption from ad valorem taxes levied for county and school purposes and a certain homestead exemption from ad valorem taxes levied for county purposes in Twiggs County approved March 20, 1990 (Ga. L. 1990, p. 3935), so as to increase the amount of the county exemption and the amount of the income limitation; to lower the age requirement to 62 years of age or over; to specify the terms and conditions of such exemption and the procedures relating thereto; to provide for a referendum, effective dates, applicability, 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 1477. By Representative Lane of the 167th: A BILL to be entitled an Act to provide a new charter for the City of Darien; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; 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 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. MONDAY, MARCH 6, 2006 1895 HB 1478. By Representative Bridges of the 10th: A BILL to be entitled an Act to provide a new charter for the City of Demorest; 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 repeal an Act granting a new charter to the City of Demorest, approved August 15, 1917 (Ga. L. 1917, p. 656), 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 1479. By Representatives Carter of the 159th and Burns of the 157th: A BILL to be entitled an Act to amend 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 for conflicts of interest; to provide for a quorum; to provide for powers and duties of the mayor; to provide for jurisdiction of the municipal court; to provide for appeals; to repeal provisions relating to the removal of officers; to provide for city boards, commissions, and authorities; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1480. By Representative Smith of the 113th: A BILL to be entitled an Act to provide for terms for the members of the Board of Education of Oconee County; to provide for a referendum; to 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 1481. By Representatives Lewis of the 15th, Loudermilk of the 14th and Graves of the 12th: 1896 JOURNAL OF THE HOUSE A BILL to be entitled an Act to create the Board of Commissioners of Bartow County; to provide for commissioner districts; to provide for definitions and inclusions; to provide for elections, qualifications, and terms of office; to provide for powers, duties, authority, and compensation of the chairperson and members of the board; to provide for vacancies; to provide for a county manager and the selection, compensation, powers, and duties thereof; to provide for a clerk; to provide for oaths of office and surety bonds; to provide for a vice chairperson; to provide for other related matters; to repeal an Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for 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 501. By Senators Shafer of the 48th, Reed of the 35th, Moody of the 56th, Zamarripa of the 36th, Tate of the 38th and others: A BILL to be entitled an Act to amend an Act to supplement the salaries of the judges of the Superior Court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, so as to increase the amount of such supplement; 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. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard E Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Bordeaux 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E E Hudson Y Hugley E Jackson Y Jacobs Y James Jamieson Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon E Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L MONDAY, MARCH 6, 2006 1897 E Borders Y Bridges Y Brooks Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Y Epps Y Everson 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 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 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 Randall Ray Y Reece, B Y Reece, S E Reese Y Rice Roberts Y Rogers Y Royal Y Rynders Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E E Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bills, the ayes were 148, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representatives Beasley-Teague of the 65th, Roberts of the 154th, and Willard of the 49th 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. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 77. By Senators Unterman of the 45th, Hudgens of the 47th, Schaefer of the 50th, Goggans of the 7th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 15 of the O.C.G.A., relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to amend Chapter 12 of Title 16 of the 1898 JOURNAL OF THE HOUSE O.C.G.A., relating to offenses against health and morals, so as to provide that all abortions must be performed in certain facilities; to provide for certain reports by physicians; to provide for certain forms; to provide for certain reports by the Department of Human Resources; to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to provide for related matters; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 123. By Senators Whitehead, Sr. of the 24th, Johnson of the 1st and Cagle of the 49th: A BILL to be entitled an Act to amend Code Section 16-12-142 of the Official Code of Georgia Annotated, relating to requiring medical facilities or physicians to perform abortions and requiring others to assist, so as to provide that a pharmacist who states in writing an objection to any abortion shall not be required to fill a prescription for an emergency contraceptive drug which purpose is to induce and effect an abortion; to provide that such refusal shall not be the basis for any claim for damages; to provide for the duration of the effectiveness of the written objection; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 396. By Senators Goggans of the 7th, Johnson of the 1st, Williams of the 19th, Whitehead, Sr. of the 24th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as a defense to certain crimes, so as to provide that a person who is attacked has no duty to retreat; to provide that such person has a right to meet force with force, including deadly force; to provide for an immunity from prosecution; to repeal conflicting laws; and for other purposes. SB 415. By Senators Douglas of the 17th, Seabaugh of the 28th, Grant of the 25th, Schaefer of the 50th, Williams of the 19th and others: A BILL to be entitled an Act to amend Code Section 20-3-485 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, so as to provide that surviving spouses shall be eligible students; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 429. By Senators Schaefer of the 50th, Williams of the 19th, Balfour of the 9th, Rogers of the 21st, Smith of the 52nd and others: MONDAY, MARCH 6, 2006 1899 A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to 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. SB 520. By Senators Johnson of the 1st, Kemp of the 46th, Douglas of the 17th and Hill of the 32nd: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to authorize the Board of Public Safety to provide a badge and revolver to sworn officers as compensation under certain circumstances; to authorize the commissioner to provide certain uniforms and equipment to all sworn members of the Department of Public Safety; to change certain provisions relating to the provision of uniforms and equipment to members of the Uniform Division and the retention of weapons and badges upon retirement of certain members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 532. By Senators Whitehead, Sr. of the 24th, Williams of the 19th, Goggans of the 7th, Seabaugh of the 28th, Rogers of the 21st and others: A BILL to be entitled an Act to amend provisions of the O.C.G.A. so as to enhance the protection of facilities licensed by the United States Nuclear Regulatory Commission; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 584. By Senators Jones of the 10th, Douglas of the 17th and Starr of the 44th: A BILL to be entitled an Act to amend an Act creating a State Court of Henry County, approved March 27, 1998 (Ga. L. 1998, p. 3954), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4662), so as to provide an additional judge for the State Court of Henry County; to provide for the appointment of the initial additional judge; to provide for the election of successors; to provide for terms of office of said additional judge and successors to such judge; to provide for the compensation and expenses of said additional judge; to provide for related matters; to repeal conflicting laws; and for other purposes. 1900 JOURNAL OF THE HOUSE HB 1142. By Representative Greene of the 149th: A BILL to be entitled an Act to provide for the filling of vacancies in the office of sheriff of Seminole County; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1251. By Representatives Benton of the 31st, England of the 108th, Sheldon of the 105th and Mills of the 25th: A BILL to be entitled an Act to create the Braselton 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 the Town of Braselton, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors 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 1269. By Representative Greene of the 149th: A BILL to be entitled an Act to amend an Act creating the Miller County Recreation Authority, approved March 25, 1997 (Ga. L. 1997, p. 3533), so as to provide for the composition, qualifications, terms, and quorums of the authority; to repeal conflicting laws; and for other purposes. HB 1312. By Representative Royal of the 171st: A BILL to be entitled an Act to abolish the office of elected county surveyor of Mitchell 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 1343. By Representatives Hill of the 21st, Scheid of the 22nd, Byrd of the 20th and Murphy of the 23rd: A BILL to be entitled an Act to authorize Cherokee 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. MONDAY, MARCH 6, 2006 1901 The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House: HB 1032. By Representatives Lunsford of the 110th, Ralston of the 7th, Forster of the 3rd, England of the 108th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide for certain restrictions on the issuance of such permit; to provide for a background check for permit renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; 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 bill of the House: HB 1351. By Representatives Dickson of the 6th and Meadows of the 5th: A BILL to be entitled an Act to provide a homestead exemption from Murray County school district ad valorem taxes for educational purposes in the amount of $80,000.00 of the assessed value of the homestead for residents of that school district who are at least 70 years of age; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 1098. By Senators Williams of the 19th, Johnson of the 1st and Brown of the 26th: A RESOLUTION relative to adjournment; and for other purposes. By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees: SB 77. By Senators Unterman of the 45th, Hudgens of the 47th, Schaefer of the 50th, Goggans of the 7th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 15 of the O.C.G.A., relating to parental notification, so as to define and eliminate 1902 JOURNAL OF THE HOUSE certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals, so as to provide that all abortions must be performed in certain facilities; to provide for certain reports by physicians; to provide for certain forms; to provide for certain reports by the Department of Human Resources; to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to provide for related matters; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 123. By Senators Whitehead, Sr. of the 24th, Johnson of the 1st and Cagle of the 49th: A BILL to be entitled an Act to amend Code Section 16-12-142 of the Official Code of Georgia Annotated, relating to requiring medical facilities or physicians to perform abortions and requiring others to assist, so as to provide that a pharmacist who states in writing an objection to any abortion shall not be required to fill a prescription for an emergency contraceptive drug which purpose is to induce and effect an abortion; to provide that such refusal shall not be the basis for any claim for damages; to provide for the duration of the effectiveness of the written objection; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 396. By Senators Goggans of the 7th, Johnson of the 1st, Williams of the 19th, Whitehead, Sr. of the 24th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as a defense to certain crimes, so as to provide that a person who is attacked has no duty to retreat; to provide that such person has a right to meet force with force, including deadly force; to provide for an immunity from prosecution; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 415. By Senators Douglas of the 17th, Seabaugh of the 28th, Grant of the 25th, Schaefer of the 50th, Williams of the 19th and others: MONDAY, MARCH 6, 2006 1903 A BILL to be entitled an Act to amend Code Section 20-3-485 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, so as to provide that surviving spouses shall be eligible students; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. SB 429. By Senators Schaefer of the 50th, Williams of the 19th, Balfour of the 9th, Rogers of the 21st, Smith of the 52nd and others: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to 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. SB 520. By Senators Johnson of the 1st, Kemp of the 46th, Douglas of the 17th and Hill of the 32nd: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to authorize the Board of Public Safety to provide a badge and revolver to sworn officers as compensation under certain circumstances; to authorize the commissioner to provide certain uniforms and equipment to all sworn members of the Department of Public Safety; to change certain provisions relating to the provision of uniforms and equipment to members of the Uniform Division and the retention of weapons and badges upon retirement of certain members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. SB 532. By Senators Whitehead, Sr. of the 24th, Williams of the 19th, Goggans of the 7th, Seabaugh of the 28th, Rogers of the 21st and others: A BILL to be entitled an Act to amend provisions of the O.C.G.A. so as to enhance the protection of facilities licensed by the United States Nuclear Regulatory Commission; to provide for related matters; to provide for an 1904 JOURNAL OF THE HOUSE effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. SB 584. By Senators Jones of the 10th, Douglas of the 17th and Starr of the 44th: A BILL to be entitled an Act to amend an Act creating a State Court of Henry County, approved March 27, 1998 (Ga. L. 1998, p. 3954), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4662), so as to provide an additional judge for the State Court of Henry County; to provide for the appointment of the initial additional judge; to provide for the election of successors; to provide for terms of office of said additional judge and successors to such judge; to provide for the compensation and expenses of said additional judge; 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: Jennings of the 82nd and Jones of the 44th. The following Resolution of the Senate was read: SR 1098. By Senators Williams of the 19th, Johnson of the 1st and Brown of the 26th 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 2006 regular session of the General Assembly for the period of March 7, 2006, through March 20, 2006, shall be as follows: Tuesday, March 7 .......................................................in adjournment Wednesday, March 8 ..................................................in session for legislative day 28 Thursday, March 9 .....................................................in session for legislative day 29 Friday, March 10 ........................................................in adjournment Saturday, March 11 ....................................................in adjournment Sunday, March 12.......................................................in adjournment Monday, March 13 .....................................................in session for legislative day 30 MONDAY, MARCH 6, 2006 1905 Tuesday, March 14 .....................................................in session for legislative day 31 Wednesday, March 15 ................................................in session for legislative day 32 Thursday, March 16 ...................................................in session for legislative day 33 Friday, March 17 ........................................................in adjournment Saturday, March 18 ....................................................in adjournment Sunday, March 19.......................................................in adjournment Monday, March 20 .....................................................in session for legislative day 34 BE IT FURTHER RESOLVED that on and after March 20, 2006, the periods of adjournment of the 2006 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2006 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Amerson E Anderson N Ashe Y Barnard E Barnes Y Bearden N Beasley-Teague N Benfield Y Benton N Black Bordeaux E Borders Y Bridges N Brooks Y Brown N Bruce E Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter E Casas Y Chambers Y Channell Y 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 Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene N Hanner Y Harbin Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E E Hudson N Hugley E Jackson Y Jacobs N James N Jamieson Jenkins Y Jennings Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall Ray N Reece, B N Sailor Y Scheid Y Scott, A Y Scott, M E Setzler N Shaw Y Sheldon E Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Stephens Stephenson Y Talton N Teilhet Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson 1906 JOURNAL OF THE HOUSE Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Loudermilk Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Reece, S E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Willard N Williams, A N Williams, E E Williams, R Wix Y Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 101, nays 51. The Resolution was adopted. Representative Jenkins of the 8th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1012. By Representatives Millar of the 79th, Watson of the 91st, Chambers of the 81st, Jennings of the 82nd and Jacobs of the 80th: A BILL to be entitled an Act to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to requirements and conditions applicable to general obligation bonds, so as to provide for additional bond performance audit requirements; 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 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to provide for additional performance audit requirements with respect to general obligation bonds and revenue bonds; to provide for a definition; to provide for power, duties, and authority of the inspector general; 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 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, is amended by striking the Reserved designation of Article 4 and inserting in its place a new Article 4 to read as follows: MONDAY, MARCH 6, 2006 1907 "ARTICLE 4 36-82-100. (a) As used in this Code section, the term 'bonds' means any revenue or general obligation bonds issued under this chapter. (b) When bonds are issued by a county, municipality, or local authority in the amount of $5 million or more, the expenditure of bond proceeds shall be subject to an ongoing performance audit or performance review as provided in this Code section; but this Code section shall not apply if such bond issue is below $5 million. (c) Each county, municipality, or local authority expending bond proceeds shall provide for a continuing performance audit or performance review of the expenditure of such funds. The county, municipality, or local authority shall contract with a certified public accountant or with an outside auditor, consultant, or other provider accredited or certified in the field of performance audits or performance reviews. Such accountant, auditor, consultant, or other provider shall only be qualified to perform the audit and review functions under this Code section if such accountant, auditor, consultant, or other provider has significant experience and competence in conducting comprehensive audits and reviews in conformance with generally accepted government auditing standards. The performance audit or performance review contract shall: (1) Include a goal of ensuring to the maximum extent possible that the bond funds are expended efficiently and economically, so as to secure to the county, municipality, or local authority the maximum possible benefit from the bond funds; (2) Provide for the issuance of periodic public reports, made accessible through electronic or printed format, or both, at a location advertised in the legal organ not less often than once annually, with respect to the extent to which expenditures are meeting the goal specified in paragraph (1) of this subsection; and (3) Provide for the issuance of periodic public recommendations, made accessible through electronic or printed format, or both, at a location advertised in the legal organ not less often than once annually, for improvements in meeting the goal specified in paragraph (1) of this subsection. (d) The auditor, consultant, or other provider to carry out the performance audit or performance review shall be selected through a public request for proposals process. The reasonable cost of the performance audit or performance review shall be paid from the proceeds of the bonds unless a specific waiver of public accountability is included in a legal advertisement in bold print which expressly states that no performance audit or performance review shall be conducted with respect to such bond issue. (e) On and after the effective date of this Code section, the expenditure of bond proceeds shall be under the jurisdiction of and subject to review by the inspector general of this state with respect to any claim of fraud, waste, abuse, or mismanagement of funds. (f) This Code section shall apply with respect to any bonds which are subject to the requirements of subsection (b) of this Code section which are issued after the effective date of this Code section until the proceeds of such bond issue have been expended." 1908 JOURNAL OF THE HOUSE SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter E 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 Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E E 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 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 E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 E Setzler Y Shaw Y Sheldon E 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 Stanley-Turner 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 Wix Y Yates Richardson, Speaker MONDAY, MARCH 6, 2006 1909 On the passage of the Bill, by substitute, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Abdul-Salaam of the 74th and Mitchell of the 88th 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 1470. By Representatives Jones of the 46th and Burkhalter of the 50th: 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 provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for severability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and withdrawn: A BILL 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 provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, 1910 JOURNAL OF THE HOUSE 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 provide for a referendum; to provide effective dates; to provide for transition of powers and duties; to provide for directory nature of dates; to provide for a charter commission; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Incorporation. The City of Milton in Fulton County is incorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the "City of Milton." References in this charter to "the city" or "this city" refer to the City of Milton. The city shall have perpetual existence. SECTION 1.11. Corporate boundaries. The incorporated area of this city shall consist of all of that portion of Fulton County, as set forth and described in Appendix A of this charter, which Appendix is incorporated herein by reference, and which portion of Fulton County was unincorporated as of January 1, 2006; and with such alterations as may be made thereafter from time to time by local law or in the manner provided by general state law. As used in this charter, the term "Territory" means the area described in this section. 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 Milton, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. SECTION 1.12. Municipal powers. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of selfgovernment not otherwise prohibited by this charter or by general law. MONDAY, MARCH 6, 2006 1911 (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm water 1912 JOURNAL OF THE HOUSE and establishment of a storm-water utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (10) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal elected officials, appointed officials, and employees, establishing procedures for handling ethics complaints, and setting forth penalties for violations of such rules and procedures; (11) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (12) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (13) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (14) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (15) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (16) Homestead exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city as authorized by Act of the General Assembly; (17) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and 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; (18) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (19) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (20) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; MONDAY, MARCH 6, 2006 1913 (21) 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; (22) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (23) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (24) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (25) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (26) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency; (28) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (29) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (30) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; 1914 JOURNAL OF THE HOUSE (31) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (32) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (33) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (34) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (35) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (36) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose on and collect a sewer connection fee or fees from those connected to the system; (37) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (38) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use of MONDAY, MARCH 6, 2006 1915 firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, adult entertainment, and massage parlors; (39) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (40) Taxes (ad valorem). To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that: (A) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified voters of the city; provided, however, that for the purposes of compliance with Code Section 48-8-91 of the O.C.G.A., the millage rate may be adjusted upward for the sole purpose of complying with the millage rate rollback provisions set forth therein; (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of Fulton County, as provided in Code Section 48-5-352 of the O.C.G.A.; and (C) For all years, the billing date or dates and due date or dates for municipal ad valorem taxes shall be the same as for Fulton County ad valorem taxes; (41) Taxes (other). To levy and collect such other taxes as may be allowed now or in the future by law; (42) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (43) Urban redevelopment. To organize and operate an urban redevelopment program; and (44) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. 1916 JOURNAL OF THE HOUSE 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 six councilmembers. (b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified, except as otherwise provided in subsection (d) of Section 2.11 of this charter. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the Territory for 12 months immediately preceding the election of mayor or councilmembers, shall have attained the age of 21 years prior to the date of election, and, in the case of councilmembers, has been a resident of the district from which he or she seeks election for six months at the time of qualifying for election; each such person shall continue to reside within the city and, in the case of councilmembers, within the district from which he or she was elected during said period of service and shall be registered and qualified to vote in municipal elections of this city. The mayor may reside anywhere within the city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that such person desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 2.11. Elections. (a) At any election, all persons 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 Territory or of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections, including without limitation the special election of 2006 to elect the first mayor and council, shall be held and conducted in accordance with MONDAY, MARCH 6, 2006 1917 Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Election Code." (c) For the purpose of electing members of the council, the City of Milton shall consist of six council districts as described in Appendix B of this charter, which appendix is attached and incorporated into this charter by reference. Each candidate for election to the council other than the mayor must reside in the council district he or she seeks to represent, but such districts shall be residency districts only and not voting districts. All elections for all councilmembers shall be at-large by the voters of the entire city. (d) The first election for mayor and councilmembers shall be a special election held in 2006 on the date specified in subsection (f) of this section. At said election, the councilmembers elected from Council Districts 2, 4, and 6 shall be elected for initial terms of office beginning immediately after their election and expiring on December 31, 2007. The mayor and councilmembers elected from Council Districts 1, 3, and 5 shall be elected for initial terms of office beginning immediately after their election and expiring on December 31, 2009. Thereafter, at the elections provided for by subsection (f) of this section, their successors shall be elected for terms of four years. All members shall serve until their successors are elected and qualified. (e) The mayor and each councilmember, for the special election and each subsequent election for mayor and councilmember, shall be elected by the qualified electors of the city at large. (f) A special election shall be held on the Tuesday after the first Monday in November, 2006, to elect the first mayor and council as provided in subsection (d) of this section. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in said subsection (d) of this section. Thereafter, the time for holding regular municipal elections shall be on the Tuesday next following the first Monday in November of each odd-numbered year beginning in 2007. The successors to the first mayor and councilmembers and future successors shall be elected at the municipal election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (g) All municipal elections shall be nonpartisan and without primaries. SECTION 2.12. Vacancies in office. (a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes 1918 JOURNAL OF THE HOUSE permanent, then the office shall become vacant and shall be filled as provided in subsection (c) of this section. (c) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 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. Election by majority vote. The candidates for mayor and councilmember who receive a majority of the votes cast in the applicable election shall be elected to a term of office. In the event no candidate receives a majority of the votes cast in any of said elections, a run-off election shall be held between the two candidates receiving the highest number of votes. Such run-off shall be held at the time specified by state election law, unless such run-off date is postponed by court order. SECTION 2.14. Compensation and expenses. The annual salary of the mayor shall be $23,000.00 and the annual salary for each councilmember shall be $13,000.00. Such salary shall be paid from municipal funds in monthly installments. The city council may provide by ordinance for the provision of insurance, retirement, workers compensation, and other employee benefits to the mayor and members of the city council and shall provide for the reimbursement of expenses actually and necessarily incurred by the mayor and members of the city council in carrying out their official duties. SECTION 2.15. Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of MONDAY, MARCH 6, 2006 1919 official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act. SECTION 2.16. Removal of officers. (a) The mayor, a councilmember, or other appointed officers provided for in this charter 1920 JOURNAL OF THE HOUSE shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.15 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of five councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Fulton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Fulton County following a hearing on a complaint seeking such removal brought by any resident of the City of Milton. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES SECTION 3.10. General power and authority. (a) Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and with the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Milton and may enforce such ordinances by imposing penalties for violations thereof. (c) Except for the office of city manager and the executive aide to the mayor, the city council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs of the government of the city. The council shall prescribe the functions and duties of departments, offices, and agencies; may provide that the same person shall fill any number of offices or positions of employment; and may MONDAY, MARCH 6, 2006 1921 transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (d) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions of employment as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and councilmembers. (e) In all cases, unless otherwise prohibited by this charter or by state law, those functions and duties necessary for the efficient and proper administration of the affairs of government of the city may be provided through intergovernmental agreements or private contracts or both. SECTION 3.11. Organization. (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered to the newly elected mayor and councilmembers by a judicial officer authorized to administer the oaths required by Chapter 3 of Title 45 of the O.C.G.A. and the following oath: "I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote, shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the official duties and powers of the mayor during any disability or absence of the mayor, as set forth in Section 3.30 of this Act. Any such disability or absence shall be declared by a majority vote of the city council. SECTION 3.12. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. SECTION 3.13. Meetings. 1922 JOURNAL OF THE HOUSE (a) The city council shall, at least once during each calendar month, hold regular meetings at such times and places as prescribed by ordinance. The council may recess any such regular meeting and continue such meeting on any weekday or at any hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the city council may be held on call of the mayor or four members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. SECTION 3.14. Procedures. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed as prescribed by ordinance or resolution of the city council. SECTION 3.15. Voting. (a) Except as otherwise provided in subsection (c) of this section, four councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. For voting and quorum purposes, the mayor shall be counted as one of the councilmembers. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. No councilmember shall abstain from voting except in the case of a conflict of interest or if absent when a motion being voted upon was made. The councilmember shall provide a specific explanation of the conflict, and the explanation shall be recorded in the journal. (b) Except as otherwise provided in this charter, the affirmative vote of a majority of the councilmembers present shall be required for the adoption of any ordinance, resolution, or motion. (c) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum MONDAY, MARCH 6, 2006 1923 and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. SECTION 3.16. Ordinances. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Milton hereby ordains..." and every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or 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 3.18. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. SECTION 3.17. Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance. SECTION 3.18. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of a majority of the councilmembers present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the 1924 JOURNAL OF THE HOUSE manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. SECTION 3.19. Codes. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. SECTION 3.20. Codification of ordinances. (a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Milton, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be 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. MONDAY, MARCH 6, 2006 1925 SECTION 3.21. Submission of ordinances to the mayor. (a) Every ordinance, resolution, or other action adopted by the city council shall be presented to the mayor for signature within five business days following the adoption of such ordinance, resolution, or other action by the city council. The mayor shall have the right to veto any ordinance adopted by city council, in accordance with the procedure set forth in this section. (b) The mayor, within ten business days following receipt of an ordinance, shall return it to the city clerk with or without the mayor's approval or with the mayor's veto. If an ordinance has been approved by the mayor or if it is returned to the city clerk neither approved nor disapproved, it shall become law upon its return to the clerk. However, if the mayor fails to return an ordinance to the city clerk within ten business days of receipt, it shall become law at 12:00 Midnight on the tenth business day after receipt. If the ordinance is vetoed by the mayor, the mayor shall submit to city council, through the city clerk, the reasons for the mayor's veto. The city clerk shall record upon the ordinance the date of its delivery to and its receipt from the mayor. (c) An ordinance vetoed by the mayor shall automatically be on the agenda at the next regular meeting of the city council for reconsideration. If the minimum number of councilmembers necessary to vote to override the veto are not present, the action may be continued until the next meeting at which such minimum number of councilmembers are present. The city council may override a veto by the mayor and adopt any ordinance that has been vetoed by the mayor by the affirmative votes of at least four councilmembers, not including the mayor. (d) In addition, the mayor may disapprove or reduce any item or items of appropriation in any ordinance or resolution. The approved part or parts of any ordinance or resolution making appropriations shall become law, and the part or parts disapproved or reduced shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The disapproved or reduced part or parts of any such ordinance or resolution shall be presented to the city council as though disapproved and shall not become law unless overridden by the city council as set forth in subsection (c) of this section. SECTION 3.22. Powers and duties of mayor. (a) The mayor shall be the chief executive officer of the city government, a member of and the presiding officer of the city council, and responsible for the efficient and orderly administration of the city's affairs. The mayor shall be responsible for the enforcement of laws, rules, regulations, ordinances, and franchises in the city. The mayor may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as specified in this charter or as may be provided by ordinance consistent with this charter. 1926 JOURNAL OF THE HOUSE (b) The mayor shall: (1) Preside at all meetings of the city council and participate therein as a voting member of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the 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, resolutions, and other instruments executed by the city which by law are required to be in writing; (5) See that all laws and ordinances of the city are faithfully executed; (6) Vote on any motion, resolution, ordinance, or other question before the council other than a veto override; (7) Obtain short-term loans in the name of the city when authorized by the city council to do so; (8) Appoint city council committees and appoint councilmembers to oversee and report on the functions of the various departments of the city; (9) Require the city manager to meet with him or her at a time and place designated for consultation and advice upon the affairs of the city; (10) Nominate the city manager, city attorney, chief judge of municipal court, city clerk, and city treasurer, subject to ratification by the city council; (11) Select and hire the executive aide; (12) Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted by the mayor, any councilmember, the city manager, and the city attorney; and (13) Fulfill and perform such other duties as are imposed by this charter and duly adopted ordinances. SECTION 3.23. City manager; appointment; qualifications; compensation; removal. (a) The mayor shall appoint, subject to confirmation by the city council, a city manager for an indefinite term and which appointment shall set the city manager's initial compensation. The city manager shall be appointed solely on the basis of that person's executive and administrative qualifications. (b) The mayor or a councilmember may recommend the removal of the city manager from office in accordance with the following procedures: (1) In response to such recommendation, the city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; MONDAY, MARCH 6, 2006 1927 (2) Within ten days after a copy of the resolution is delivered to the city manager, that person may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (c) The city manager shall continue to receive the city manager's salary until the effective date of a final resolution of removal. SECTION 3.24. Acting city manager. By letter filed with the city clerk, the city manager shall designate or in the absence of the city manager the mayor shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's disability shall cease. SECTION 3.25. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief administrative officer, the city manager shall: (1) Have the authority to hire persons to act as department heads and fill other positions designated by ordinance or resolution and appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager hires or appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; 1928 JOURNAL OF THE HOUSE (3) Attend all city council meetings, except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager, and have the right to take part in discussion, but the city manager may not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council or mayor may require concerning the operations of those city departments, offices, and agencies that are subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council. SECTION 3.26. Executive aide; appointment; qualifications; compensation; removal. (a) The mayor shall appoint an executive aide for an indefinite term and shall set the executive aide's initial annual salary, subject to confirmation by the city council, which annual salary shall be not less than twice the annual salary of the mayor. The executive aide shall be appointed solely on the basis of that person's executive and administrative qualifications. (b) The executive aide may be removed from office at the discretion of the mayor. (c) The executive aide shall continue to receive the executive aide's salary until the effective date of removal. SECTION 3.27. Powers and duties of the executive aide. (a) The executive aide shall report directly to the mayor. (b) The duties and responsibilities of the executive aide shall at all times be as set forth by the mayor. (c) The executive aide shall have the authority, upon the specific request of the mayor, to act on behalf of the mayor in the mayor's ceremonial or administrative capacity. (d) The executive aide shall have no authority to act on behalf of the mayor in a legislative or executive capacity. SECTION 3.28. Council's interference with administration. MONDAY, MARCH 6, 2006 1929 Except for the purpose of inquiries and investigations under Section 3.12 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 city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 3.29. Selection of mayor pro tempore. There shall be a mayor pro tempore elected from among the councilmembers by the city council. The initial mayor pro tempore shall serve for a term expiring December 31, 2007, and successors shall serve for terms of four years. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember. A vacancy in the position of mayor pro tempore resulting from the mayor pro tempore ceasing to serve as a councilmember or from any other cause shall be filled for the remainder of the unexpired term in the same manner as the original election. SECTION 3.30. Mayor pro tempore. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore of the city council, or in such person's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the official duties of the office of the mayor so long as such absence or disability shall continue, except that the mayor pro tempore shall not have the mayor's veto power except in the case of physical or mental disability of the mayor. A councilmember acting as mayor shall have only one vote. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest. ARTICLE IV ADMINISTRATIVE AFFAIRS SECTION 4.10. Department heads. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. 1930 JOURNAL OF THE HOUSE (b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by the city council. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of the director's department or agency. (e) The city manager may suspend directors. The director involved may appeal to the city council which, after a hearing, may override the suspension. Any removal of a director shall be by the city council. 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 a majority vote of 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 the office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice-chairperson, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this MONDAY, MARCH 6, 2006 1931 charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. SECTION 4.12. City attorney. The mayor shall nominate and the city council shall confirm by a majority vote a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least 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 concerning legal aspects of the city's affairs, and shall perform such other duties as may be required by virtue of the position of city attorney. The city council shall provide for the compensation of the city attorney. SECTION 4.13. City clerk. The mayor shall nominate and the city council shall confirm by a majority vote a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council shall provide for the compensation of the city clerk. SECTION 4.14. Treasurer. The mayor shall nominate and the city council shall confirm by a majority vote a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of the treasurer. SECTION 4.15. Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; 1932 JOURNAL OF THE HOUSE (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 Milton. SECTION 5.11. Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or stand-by judges as shall be provided by ordinance. The chief judge shall be nominated by the mayor and shall be confirmed by resolution of the city council and the method of selection and terms of any other judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall have been a member of the State Bar of Georgia for a minimum of three years. (c) Compensation of the chief judge and other judges shall be fixed by the city council. The position of chief judge shall not be a full-time position, and the person serving as chief judge may engage in the private practice of law. (d) The chief judge shall serve a term of four years, coincident with the term of the mayor, but may be removed for cause by a vote of five members of the city council or upon action taken by the Judicial Qualification Commission. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter. SECTION 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 5.13. Powers. MONDAY, MARCH 6, 2006 1933 (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed the statutory limits for fines and imprisonment for such municipal court. (c) The municipal court may fix punishment for offenses within its jurisdiction, including both fines and imprisonment or alternative sentencing, provided that such fines or imprisonment does not exceed the statutory limits as now exist or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. SECTION 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained 1934 JOURNAL OF THE HOUSE under the sanction of a judge of the Superior Court of Fulton County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 5.15. Rules. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE VI FINANCE SECTION 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. SECTION 6.11. Millage. (a) The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. (b) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731, unless a higher millage rate is recommended by resolution of the city council and subsequently approved by a majority of the eligible voters of the city by referendum. This millage rate limit shall apply to the millage rate actually levied and shall not apply to the hypothetical millage rate computed under subsection (a) of Code Section 48-8-91 of the O.C.G.A., relating to conditions on imposition of the joint county and municipal sales tax. SECTION 6.12. Occupation taxes and business license fees. MONDAY, MARCH 6, 2006 1935 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 within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. SECTION 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's 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. Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of 1936 JOURNAL OF THE HOUSE providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.16. Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.17. Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. SECTION 6.18. Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. SECTION 6.19. Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. SECTION 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. MONDAY, MARCH 6, 2006 1937 Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. SECTION 6.21. Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. SECTION 6.22. Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. SECTION 6.23. Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The city council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A. SECTION 6.24. Operating budget. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the city manager may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. SECTION 6.25. Adoption. (a) The city council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures 1938 JOURNAL OF THE HOUSE required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. SECTION 6.26. Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that 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 any recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means MONDAY, MARCH 6, 2006 1939 of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter. (b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by any recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council. SECTION 6.29. Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. SECTION 6.30. Procurement and property management. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter. SECTION 6.31. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.32. Sale of property. (a) The city council may sell and convey any real or personal property owned or held by 1940 JOURNAL OF THE HOUSE the city for governmental or other purposes as now or hereafter provided by law, as well as any abandoned or surplus property. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. SECTION 6.33. General homestead exemption. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Milton, except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of Milton is granted an exemption on that person's homestead from City of Milton ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Milton, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Milton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Milton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead MONDAY, MARCH 6, 2006 1941 exemption under subsection (b) of this section to notify the governing authority of the City of Milton, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SECTION 6.34. General homestead exemption for citizens age 65 or over. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Milton except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Milton who is a senior citizen is granted an exemption on that person's homestead from City of Milton ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Milton, or the designee thereof, giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Milton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Milton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the 1942 JOURNAL OF THE HOUSE City of Milton, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SECTION 6.35. Homestead exemption for citizens age 65 or over meeting certain income requirements. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Milton, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means adjusted gross income as such term is defined in the Internal Revenue Code of 1986, as such code is defined in Code Section 48-1-2 of the O.C.G.A., except that for purposes of this section the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Milton who is a senior citizen is granted an exemption on that person's homestead from City of Milton ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing MONDAY, MARCH 6, 2006 1943 authority of the City of Milton, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Milton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Milton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Milton, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SECTION 6.36. Homestead exemption for citizens age 70 or over and disabled persons meeting certain income requirements. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Milton, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means adjusted gross income determined pursuant to the Internal Revenue Code of 1986, as amended, for federal income tax purposes, except that for the purposes of this section the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. 1944 JOURNAL OF THE HOUSE (4) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Milton who is a senior citizen or who is disabled is granted an exemption on that person's homestead from City of Milton ad valorem taxes for municipal purposes for the full value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act for the immediately preceding year. (c)(1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Milton, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Milton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Milton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Milton, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. MONDAY, MARCH 6, 2006 1945 (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. 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. 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 7.12. Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.13. Qualified electors. (a) For the purposes of the referendum election provided for in Section 7.14 of this charter and for the purposes of the special election to be held on the Tuesday after the first Monday in November, 2006, the qualified electors of the City of Milton shall be those qualified electors of Fulton County residing within the corporate limits of the City of Milton as described by Section 1.11 of this charter. At subsequent municipal elections, the qualified electors of the City of Milton shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code." (b) Only for the purpose of holding and conducting the referendum election provided for by Section 7.14 of this charter and only for the purpose of holding and conducting the special election of the City of Milton to be held on the Tuesday after the first Monday in 1946 JOURNAL OF THE HOUSE November, 2006, the election superintendent of Fulton County is vested with the powers and duties of the election superintendent of the City of Milton and the powers and duties of the governing authority of the City of Milton. SECTION 7.14. Referendum. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of Milton, as provided in Section 7.13 of this charter, for approval or rejection. The superintendent shall set the date of such election for the date of the general primary in 2006. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words: "( ) YES Do you approve the creation of the City of Milton and the property tax rate cap and the granting of the homestead exemptions described in the ( ) NO Act creating the City of Milton?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise, it shall thereafter be void and of no force and effect. The expense of the special election set forth in this section shall be borne by Fulton County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. SECTION 7.15. Effective dates. (a) Sections 1.10 and 1.11 of this Act and those provisions of the Act necessary for the special election provided for in Section 7.14 of this charter shall become effective immediately upon this Act's approval by the Governor or upon its becoming law without such approval. (b) Those provisions of this Act necessary for the special election to be held on the Tuesday after the first Monday in November, 2006, as provided by Article II of this charter shall be effective upon the certification of the results of the referendum election provided for by Section 7.14 of this charter, if this Act is approved at such referendum election. (c) The remaining provisions of this Act shall become of full force and effect for all purposes on December 1, 2006, except that the initial mayor and councilmembers shall MONDAY, MARCH 6, 2006 1947 take office immediately following their election and by action of a quorum may prior to December 1, 2006, meet and take actions binding on the city. SECTION 7.16. Transition. (a) A period of time will be needed for an orderly transition of various government functions from Fulton County to the City of Milton. Accordingly there shall be a transition period beginning on December 1, 2006, and ending at midnight on November 30, 2007. During such transition period, all provisions of this charter shall be effective as law, but not all provisions of this charter shall be implemented. (b) During such transition period, Fulton County shall continue to provide within the territorial limits of Milton all government services and functions which Fulton County provided in that area during 2005 and at the same actual cost, except to the extent otherwise provided in this section; provided, however, that upon at least 30 days prior written notice to Fulton County by the City of Milton, responsibility for any such service or function shall be transferred to the City of Milton. Beginning December 1, 2006, the City of Milton shall collect taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of Milton in the same manner as authorized immediately prior to the effective date of this section; provided, however, that upon at least 30 days prior written notice to Fulton County by the City of Milton, the authority to collect any tax, fee, assessment, fine or forfeiture, or other moneys shall remain with Fulton County after December 1, 2006, until such time as Fulton County receives subsequent notice from the City of Milton that such authority shall be transferred to the City of Milton. (c) During the transition period, the governing authority of the City of Milton: (1) Shall hold regular meetings and may hold special meetings as provided in this charter; (2) May enact ordinances and resolutions as provided in this charter; (3) May amend this charter by home rule action as provided by general law; (4) May accept gifts and grants; (5) May borrow money and incur indebtedness to the extent authorized by this charter and general law; (6) May levy and collect an ad valorem tax for calendar years 2007 and 2008; (7) May establish a fiscal year and budget; (8) May create, alter, or abolish departments, boards, offices, commissions, and agencies of the city; appoint and remove officers and employees; and exercise all necessary or appropriate personnel and management functions; and (9) May generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. 1948 JOURNAL OF THE HOUSE (d) Except as otherwise provided in this section, during the transition period the Municipal Court of the City of Milton shall not exercise its jurisdiction. During the transition period, all ordinances of Fulton County shall remain applicable within the territorial limits of Milton and the appropriate court or courts of Fulton County shall retain jurisdiction to enforce such ordinances. However, by appropriate agreement (and concurrent resolutions and ordinances if needed) Fulton County and Milton may during the transition period transfer all or part of such regulatory authority and the appropriate court jurisdiction to the City of Milton. Any transfer of jurisdiction to the City of Milton during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in Fulton County or the pending prosecution of any violation of any ordinance of Fulton County. (e) During the transition period, the governing authority of Milton may at any time, without the necessity of any agreement by Fulton County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of Milton commencing to exercise its planning and zoning powers, the Municipal Court of the City of Milton shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (f) Effective upon the termination of the transition period, subsections (b) through (e) of this section shall cease to apply except for the last sentence of subsection (d) which shall remain effective. Effective upon the termination of the transition period, the City of Milton shall be a full functioning municipal corporation and subject to all general laws of this state. SECTION 7.17. Directory nature of dates. It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause, delay in securing approval under the federal Voting Rights Act, or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing it is specifically provided that: (1) If it is not possible to hold the referendum election provided for in Section 7.14 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable; and (2) If it is not possible to hold the first municipal election provided for in Section 2.11 of this Act on the date specified in that section, then there shall be a special election for the initial members of the governing authority to be held as soon MONDAY, MARCH 6, 2006 1949 thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. SECTION 7.18. Charter commission. At the first regularly scheduled city council meeting, five years after the inception of the City of Milton, the mayor and city council shall call for a charter commission to review the city's experience and recommend to the General Assembly any changes to the city charter. Members of the charter commission shall be appointed as follows: one by the mayor, one by the city council, and one by each member of the Georgia House of Representatives and Senate whose district lies wholly or partially within the corporate boundaries of the City of Milton. All members of the charter commission must reside in the City of Milton. The commission must complete the recommendations within six months of its creation. SECTION 7.19. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. SECTION 7.20. General repealer. All laws and parts of laws in conflict with this Act are repealed. APPENDIX A The corporate limits of the City of Milton shall consist of that portion of Fulton County described as follows: (1) Subject to the exclusion of that territory described in the other paragraphs of this Appendix A, the City of Milton shall include territory within the following boundary: Beginning at the intersection of Arnold Mill Road (a/k/a State Route 140) and the Fulton/Cherokee County line, run generally southwest along the center line of Arnold Mill Road to that point where Arnold Mill Road first intersects the Alpharetta City limits south of Green Road; thence follow the meanderings of the Alpharetta City 1950 JOURNAL OF THE HOUSE limits generally northeastward and eastward to LL 1103; then proceeding north along the western edge of LL 1103 and LL 1058 to the northwestern most corner of the Harrington Falls subdivision; then proceeding eastward along the northern boundary of the Harrington Falls subdivision to the northwestern most corner of parcel 22463010340275; then proceeding east along the northern border of parcel 22463010340275 to the centerline of Providence Road, then south along the centerline of Providence Road to the Alpharetta City limits; then following the meanderings of the Alpharetta City limits generally easterly to the intersection of Ga. Route 400 and the Fulton/Forsyth County line; run thence generally north along the Fulton/Forsyth County Line and thence west and south along the Fulton County line to the point of beginning; (2) The following territory shall be excluded from the corporate limits of the City of Milton: A. parcel number 22447010580238 in its entirety; B. all of the unincorporated land within LL 1123 and LL 1124, south and east of the centerline of Cumming Highway (a/k/a, Main Street, a/k/a Alpharetta Highway and a/k/a State Highway 9); C. all of the unincorporated land within LL 1111 and LL 1050 south and east of the centerline of Cogburn Road; D. all of the unincorporated land within LL 833, LL 834 and LL 895 that is situated south and east of the southernmost right of way of Bethany Bend Road; E. all of the unincorporated land within LL 896 that is situated west of the westernmost right of way of Cogburn Road; F. that property identified by parcel number 22-50900896-046 in LL 905, to the westernmost right of way of Cogburn Road.; (3) As used in paragraph (1), of this Appendix A, the city limits of Alpharetta shall be those in existence as of January 1, 2006, including all properties that have legally been annexed into the City of Alpharetta as of that date; and (4) The City of Milton shall not include any noncontiguous portion of the City of Alpharetta or the City of Roswell that was legally included within the city limits of either city as of January 1, 2006. APPENDIX B Council Districts 1 through 6 shall consist of the territory of the City of Milton described in the Redistricting Plan Components Report attached to this Act and made a part thereof and further identified as "Plan Name: miltonp6re Plan Type: Local User: Blake Administrator: H046." 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 MONDAY, MARCH 6, 2006 1951 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 Milton which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of Milton 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. APPENDIX C CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION I, Representative Jan Jones, Georgia State Representative from the 46th District and the author of this bill introduced at the 2005 Session of the General Assembly of Georgia, which grants an original municipal charter to the City of Milton do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A. So certified, this ______ day of ____________________, 20__. ________________________________ Representative, 46th District Georgia House of Representatives District 001 Fulton County Tract: 115.01 BG: 4 4005 4007 4010 4014 4015 4016 4018 4019 4020 4021 4022 4023 4024 4025 4026 4028 4029 4030 4031 4034 4035 4039 4040 4043 BG: 5 5000 5001 5002 5003 5006 5009 5010 Tract: 116.04 BG: 4 4028 District 002 1952 JOURNAL OF THE HOUSE Fulton County Tract: 115.01 BG: 4 4011 4012 4013 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9034 9035 9036 9037 9038 9039 9040 9041 9042 9043 9044 9066 9067 9068 9069 9070 9071 9072 9073 9074 9075 9076 9077 9084 9085 9086 9087 9088 9089 9091 9999 District 003 Fulton County Tract: 115.01 BG: 4 4000 4008 4009 4017 BG: 9 9012 9013 9014 9026 9027 9028 9029 9030 9031 9032 9033 9045 9046 9047 9048 9049 9050 9051 9052 9053 9054 9055 9056 9057 9058 9059 9060 9061 9062 9063 9064 9065 9083 9997 9998 District 004 Fulton County Tract: 115.01 BG: 4 4001 4002 4003 4004 4006 BG: 9 9078 9079 9080 9096 9996 Tract: 116.04 BG: 2 2004 That part of block 2006 which lies within the City of Milton. 2007 That part of block 2030 which lies within the City of Milton. That part of block 2031 which lies within the City of Milton. 2999 BG: 4 4000 4001 That part of block 4002 which lies within the City of Milton. MONDAY, MARCH 6, 2006 1953 4008 4009 4010 4011 4013 4999 District 005 Fulton County Tract: 115.01 BG: 9 9081 9082 9090 9092 9093 9094 9095 Tract: 116.04 BG: 2 2000 2001 2002 2003 2008 2009 2010 2026 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2027 District 006 Fulton County Tract: 116.04 BG: 5 5000 5001 5002 5003 5004 The following substitute, offered by the Committee on Rules, was read and adopted: A BILL 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 provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for 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 provide for a referendum; to provide effective dates; to provide for transition of powers and duties; to provide for directory nature of dates; to provide for a charter commission; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 1954 JOURNAL OF THE HOUSE ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Incorporation. The City of Milton in Fulton County is incorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the "City of Milton." References in this charter to "the city" or "this city" refer to the City of Milton. The city shall have perpetual existence. SECTION 1.11. Corporate boundaries. The incorporated area of this city shall consist of all of that portion of Fulton County, as set forth and described in Appendix A of this charter, which Appendix is incorporated herein by reference, and which portion of Fulton County was unincorporated as of January 1, 2006; and with such alterations as may be made thereafter from time to time by local law or in the manner provided by general state law. As used in this charter, the term "Territory" means the area described in this section. 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 Milton, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. SECTION 1.12. Municipal powers. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of selfgovernment not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, MONDAY, MARCH 6, 2006 1955 or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm water and establishment of a storm-water utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (10) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal elected officials, appointed officials, and employees, establishing procedures for handling ethics complaints, and setting forth penalties for violations of such rules and procedures; (11) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; 1956 JOURNAL OF THE HOUSE (12) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (13) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (14) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (15) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (16) Homestead exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city as authorized by Act of the General Assembly; (17) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and 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; (18) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (19) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (20) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (21) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (22) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (23) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, MONDAY, MARCH 6, 2006 1957 rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (24) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (25) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (26) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency; (28) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (29) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (30) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (31) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (32) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (33) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of 1958 JOURNAL OF THE HOUSE streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (34) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (35) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (36) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose on and collect a sewer connection fee or fees from those connected to the system; (37) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (38) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, adult entertainment, and massage parlors; (39) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; MONDAY, MARCH 6, 2006 1959 (40) Taxes (ad valorem). To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that: (A) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified voters of the city; provided, however, that for the purposes of compliance with Code Section 48-8-91 of the O.C.G.A., the millage rate may be adjusted upward for the sole purpose of complying with the millage rate rollback provisions set forth therein; (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of Fulton County, as provided in Code Section 48-5-352 of the O.C.G.A.; and (C) For all years, the billing date or dates and due date or dates for municipal ad valorem taxes shall be the same as for Fulton County ad valorem taxes; (41) Taxes (other). To levy and collect such other taxes as may be allowed now or in the future by law; (42) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (43) Urban redevelopment. To organize and operate an urban redevelopment program; and (44) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. SECTION 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL 1960 JOURNAL OF THE HOUSE SECTION 2.10. City council creation; composition; number; election. (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. (b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified, except as otherwise provided in subsection (d) of Section 2.11 of this charter. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the Territory for 12 months immediately preceding the election of mayor or councilmembers, shall have attained the age of 21 years prior to the date of election, and, in the case of councilmembers, has been a resident of the district from which he or she seeks election for six months at the time of qualifying for election; each such person shall continue to reside within the city and, in the case of councilmembers, within the district from which he or she was elected during said period of service and shall be registered and qualified to vote in municipal elections of this city. The mayor may reside anywhere within the city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that such person desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 2.11. Elections. (a) At any election, all persons 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 Territory or of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections, including without limitation the special election of 2006 to elect the first mayor and council, shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Election Code." (c) For the purpose of electing members of the council, the City of Milton shall consist of six council districts as described in Appendix B of this charter, which appendix is attached and incorporated into this charter by reference. Each candidate for election to the council other than the mayor must reside in the council district he or she seeks to represent, but such districts shall be residency districts only and not voting districts. All elections for all councilmembers shall be at-large by the voters of the entire city. MONDAY, MARCH 6, 2006 1961 (d) The first election for mayor and councilmembers shall be a special election held in 2006 on the date specified in subsection (f) of this section. At said election, the councilmembers elected from Council Districts 2, 4, and 6 shall be elected for initial terms of office beginning immediately after their election and expiring on December 31, 2007. The mayor and councilmembers elected from Council Districts 1, 3, and 5 shall be elected for initial terms of office beginning immediately after their election and expiring on December 31, 2009. Thereafter, at the elections provided for by subsection (f) of this section, their successors shall be elected for terms of four years. All members shall serve until their successors are elected and qualified. (e) The mayor and each councilmember, for the special election and each subsequent election for mayor and councilmember, shall be elected by the qualified electors of the city at large. (f) A special election shall be held on the Tuesday after the first Monday in November, 2006, to elect the first mayor and council as provided in subsection (d) of this section. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in said subsection (d) of this section. Thereafter, the time for holding regular municipal elections shall be on the Tuesday next following the first Monday in November of each odd-numbered year beginning in 2007. The successors to the first mayor and councilmembers and future successors shall be elected at the municipal election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (g) All municipal elections shall be nonpartisan and without primaries. SECTION 2.12. Vacancies in office. (a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (c) of this section. (c) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 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. 1962 JOURNAL OF THE HOUSE SECTION 2.13. Election by majority vote. The candidates for mayor and councilmember who receive a majority of the votes cast in the applicable election shall be elected to a term of office. In the event no candidate receives a majority of the votes cast in any of said elections, a run-off election shall be held between the two candidates receiving the highest number of votes. Such run-off shall be held at the time specified by state election law, unless such run-off date is postponed by court order. SECTION 2.14. Compensation and expenses. The annual salary of the mayor shall be $23,000.00 and the annual salary for each councilmember shall be $13,000.00. Such salary shall be paid from municipal funds in monthly installments. The city council may provide by ordinance for the provision of insurance, retirement, workers compensation, and other employee benefits to the mayor and members of the city council and shall provide for the reimbursement of expenses actually and necessarily incurred by the mayor and members of the city council in carrying out their official duties. SECTION 2.15. Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected MONDAY, MARCH 6, 2006 1963 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 elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act. SECTION 2.16. Removal of officers. (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.15 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. 1964 JOURNAL OF THE HOUSE (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of five councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Fulton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Fulton County following a hearing on a complaint seeking such removal brought by any resident of the City of Milton. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES SECTION 3.10. General power and authority. (a) Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and with the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Milton and may enforce such ordinances by imposing penalties for violations thereof. (c) Except for the office of city manager and the executive aide to the mayor, the city council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs of the government of the city. The council shall prescribe the functions and duties of departments, offices, and agencies; may provide that the same person shall fill any number of offices or positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (d) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions of employment as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and councilmembers. MONDAY, MARCH 6, 2006 1965 (e) In all cases, unless otherwise prohibited by this charter or by state law, those functions and duties necessary for the efficient and proper administration of the affairs of government of the city may be provided through intergovernmental agreements or private contracts or both. SECTION 3.11. Organization. (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered to the newly elected mayor and councilmembers by a judicial officer authorized to administer the oaths required by Chapter 3 of Title 45 of the O.C.G.A. and the following oath: "I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote, shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the official duties and powers of the mayor during any disability or absence of the mayor, as set forth in Section 3.30 of this Act. Any such disability or absence shall be declared by a majority vote of the city council. SECTION 3.12. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. SECTION 3.13. Meetings. (a) The city council shall, at least once during each calendar month, hold regular meetings at such times and places as prescribed by ordinance. The council may recess any such regular meeting and continue such meeting on any weekday or at any hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the city council may be held on call of the mayor or four members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the 1966 JOURNAL OF THE HOUSE meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. SECTION 3.14. Procedures. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed as prescribed by ordinance or resolution of the city council. SECTION 3.15. Voting. (a) Except as otherwise provided in subsection (c) of this section, four councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. For voting and quorum purposes, the mayor shall be counted as one of the councilmembers. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. No councilmember shall abstain from voting except in the case of a conflict of interest or if absent when a motion being voted upon was made. The councilmember shall provide a specific explanation of the conflict, and the explanation shall be recorded in the journal. (b) Except as otherwise provided in this charter, the affirmative vote of a majority of the councilmembers present shall be required for the adoption of any ordinance, resolution, or motion. (c) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. SECTION 3.16. Ordinances. (a) Every proposed ordinance shall be introduced in writing and in the form required for MONDAY, MARCH 6, 2006 1967 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 Milton hereby ordains..." and every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or 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 3.18. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. SECTION 3.17. Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance. SECTION 3.18. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of a majority of the councilmembers present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. SECTION 3.19. Codes. (a) The city council may adopt any standard code of technical regulations by reference 1968 JOURNAL OF THE HOUSE thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. SECTION 3.20. Codification of ordinances. (a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Milton, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 3.21. Submission of ordinances to the mayor. (a) Every ordinance, resolution, or other action adopted by the city council shall be presented to the mayor for signature within five business days following the adoption of such ordinance, resolution, or other action by the city council. The mayor shall have the right to veto any ordinance adopted by city council, in accordance with the procedure set forth in this section. MONDAY, MARCH 6, 2006 1969 (b) The mayor, within ten business days following receipt of an ordinance, shall return it to the city clerk with or without the mayor's approval or with the mayor's veto. If an ordinance has been approved by the mayor or if it is returned to the city clerk neither approved nor disapproved, it shall become law upon its return to the clerk. However, if the mayor fails to return an ordinance to the city clerk within ten business days of receipt, it shall become law at 12:00 Midnight on the tenth business day after receipt. If the ordinance is vetoed by the mayor, the mayor shall submit to city council, through the city clerk, the reasons for the mayor's veto. The city clerk shall record upon the ordinance the date of its delivery to and its receipt from the mayor. (c) An ordinance vetoed by the mayor shall automatically be on the agenda at the next regular meeting of the city council for reconsideration. If the minimum number of councilmembers necessary to vote to override the veto are not present, the action may be continued until the next meeting at which such minimum number of councilmembers are present. The city council may override a veto by the mayor and adopt any ordinance that has been vetoed by the mayor by the affirmative votes of at least four councilmembers, not including the mayor. (d) In addition, the mayor may disapprove or reduce any item or items of appropriation in any ordinance or resolution. The approved part or parts of any ordinance or resolution making appropriations shall become law, and the part or parts disapproved or reduced shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The disapproved or reduced part or parts of any such ordinance or resolution shall be presented to the city council as though disapproved and shall not become law unless overridden by the city council as set forth in subsection (c) of this section. SECTION 3.22. Powers and duties of mayor. (a) The mayor shall be the chief executive officer of the city government, a member of and the presiding officer of the city council, and responsible for the efficient and orderly administration of the city's affairs. The mayor shall be responsible for the enforcement of laws, rules, regulations, ordinances, and franchises in the city. The mayor may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as specified in this charter or as may be provided by ordinance consistent with this charter. (b) The mayor shall: (1) Preside at all meetings of the city council and participate therein as a voting member of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; 1970 JOURNAL OF THE HOUSE (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing; (5) See that all laws and ordinances of the city are faithfully executed; (6) Vote on any motion, resolution, ordinance, or other question before the council other than a veto override; (7) Obtain short-term loans in the name of the city when authorized by the city council to do so; (8) Appoint city council committees and appoint councilmembers to oversee and report on the functions of the various departments of the city; (9) Require the city manager to meet with him or her at a time and place designated for consultation and advice upon the affairs of the city; (10) Nominate the city manager, city attorney, chief judge of municipal court, city clerk, and city treasurer, subject to ratification by the city council; (11) Select and hire the executive aide; (12) Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted by the mayor, any councilmember, the city manager, and the city attorney; and (13) Fulfill and perform such other duties as are imposed by this charter and duly adopted ordinances. SECTION 3.23. City manager; appointment; qualifications; compensation; removal. (a) The mayor shall appoint, subject to confirmation by the city council, a city manager for an indefinite term and which appointment shall set the city manager's initial compensation. The city manager shall be appointed solely on the basis of that person's executive and administrative qualifications. (b) The mayor or a councilmember may recommend the removal of the city manager from office in accordance with the following procedures: (1) In response to such recommendation, the city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within ten days after a copy of the resolution is delivered to the city manager, that person may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for MONDAY, MARCH 6, 2006 1971 removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (c) The city manager shall continue to receive the city manager's salary until the effective date of a final resolution of removal. SECTION 3.24. Acting city manager. By letter filed with the city clerk, the city manager shall designate or in the absence of the city manager the mayor shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's disability shall cease. SECTION 3.25. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief administrative officer, the city manager shall: (1) Have the authority to hire persons to act as department heads and fill other positions designated by ordinance or resolution and appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager hires or appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings, except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager, and have the right to take part in discussion, but the city manager may not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; 1972 JOURNAL OF THE HOUSE (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council or mayor may require concerning the operations of those city departments, offices, and agencies that are subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council. SECTION 3.26. Executive aide; appointment; qualifications; compensation; removal. (a) The mayor shall appoint an executive aide for an indefinite term and shall set the executive aide's initial annual salary, subject to confirmation by the city council, which annual salary shall be not less than twice the annual salary of the mayor. The executive aide shall be appointed solely on the basis of that person's executive and administrative qualifications. (b) The executive aide may be removed from office at the discretion of the mayor. (c) The executive aide shall continue to receive the executive aide's salary until the effective date of removal. SECTION 3.27. Powers and duties of the executive aide. (a) The executive aide shall report directly to the mayor. (b) The duties and responsibilities of the executive aide shall at all times be as set forth by the mayor. (c) The executive aide shall have the authority, upon the specific request of the mayor, to act on behalf of the mayor in the mayor's ceremonial or administrative capacity. (d) The executive aide shall have no authority to act on behalf of the mayor in a legislative or executive capacity. SECTION 3.28. Council's interference with administration. Except for the purpose of inquiries and investigations under Section 3.12 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city MONDAY, MARCH 6, 2006 1973 manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 3.29. Selection of mayor pro tempore. There shall be a mayor pro tempore elected from among the councilmembers by the city council. The initial mayor pro tempore shall serve for a term expiring December 31, 2007, and successors shall serve for terms of four years. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember. A vacancy in the position of mayor pro tempore resulting from the mayor pro tempore ceasing to serve as a councilmember or from any other cause shall be filled for the remainder of the unexpired term in the same manner as the original election. SECTION 3.30. Mayor pro tempore. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore of the city council, or in such person's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the official duties of the office of the mayor so long as such absence or disability shall continue, except that the mayor pro tempore shall not have the mayor's veto power except in the case of physical or mental disability of the mayor. A councilmember acting as mayor shall have only one vote. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest. ARTICLE IV ADMINISTRATIVE AFFAIRS SECTION 4.10. Department heads. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by the city council. 1974 JOURNAL OF THE HOUSE (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of the director's department or agency. (e) The city manager may suspend directors. The director involved may appeal to the city council which, after a hearing, may override the suspension. Any removal of a director shall be by the city council. 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 a majority vote of 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 the office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice-chairperson, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. SECTION 4.12. City attorney. MONDAY, MARCH 6, 2006 1975 The mayor shall nominate and the city council shall confirm by a majority vote a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least 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 concerning legal aspects of the city's affairs, and shall perform such other duties as may be required by virtue of the position of city attorney. The city council shall provide for the compensation of the city attorney. SECTION 4.13. City clerk. The mayor shall nominate and the city council shall confirm by a majority vote a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council shall provide for the compensation of the city clerk. SECTION 4.14. Treasurer. The mayor shall nominate and the city council shall confirm by a majority vote a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of the treasurer. SECTION 4.15. Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. 1976 JOURNAL OF THE HOUSE 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 Milton. SECTION 5.11. Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or stand-by judges as shall be provided by ordinance. The chief judge shall be nominated by the mayor and shall be confirmed by resolution of the city council and the method of selection and terms of any other judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall have been a member of the State Bar of Georgia for a minimum of three years. (c) Compensation of the chief judge and other judges shall be fixed by the city council. The position of chief judge shall not be a full-time position, and the person serving as chief judge may engage in the private practice of law. (d) The chief judge shall serve a term of four years, coincident with the term of the mayor, but may be removed for cause by a vote of five members of the city council or upon action taken by the Judicial Qualification Commission. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter. SECTION 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 5.13. Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed the statutory limits for fines and imprisonment for such municipal court. (c) The municipal court may fix punishment for offenses within its jurisdiction, including both fines and imprisonment or alternative sentencing, provided that such fines MONDAY, MARCH 6, 2006 1977 or imprisonment does not exceed the statutory limits as now exist or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. SECTION 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Fulton County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 5.15. Rules. With the approval of the city council, the judge shall have full power and authority to 1978 JOURNAL OF THE HOUSE make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE VI FINANCE SECTION 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. SECTION 6.11. Millage. (a) The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. (b) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731, unless a higher millage rate is recommended by resolution of the city council and subsequently approved by a majority of the eligible voters of the city by referendum. This millage rate limit shall apply to the millage rate actually levied and shall not apply to the hypothetical millage rate computed under subsection (a) of Code Section 48-8-91 of the O.C.G.A., relating to conditions on imposition of the joint county and municipal sales tax. SECTION 6.12. Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which MONDAY, MARCH 6, 2006 1979 may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. SECTION 6.13. Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. SECTION 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's 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. Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.16. Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs 1980 JOURNAL OF THE HOUSE of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.17. Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. SECTION 6.18. Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. SECTION 6.19. Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. SECTION 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. SECTION 6.21. Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. MONDAY, MARCH 6, 2006 1981 SECTION 6.22. Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. SECTION 6.23. Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The city council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A. SECTION 6.24. Operating budget. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the city manager may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. SECTION 6.25. Adoption. (a) The city council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the 1982 JOURNAL OF THE HOUSE 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 any recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter. (b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit MONDAY, MARCH 6, 2006 1983 amendments to the capital improvements budget at any time during the fiscal year, accompanied by any recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council. SECTION 6.29. Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. SECTION 6.30. Procurement and property management. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter. SECTION 6.31. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.32. Sale of property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law, as well as any abandoned or surplus property. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the 1984 JOURNAL OF THE HOUSE mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. SECTION 6.33. General homestead exemption. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Milton, except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of Milton is granted an exemption on that person's homestead from City of Milton ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Milton, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Milton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Milton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Milton, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. MONDAY, MARCH 6, 2006 1985 (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SECTION 6.34. General homestead exemption for citizens age 65 or over. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Milton except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Milton who is a senior citizen is granted an exemption on that person's homestead from City of Milton ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Milton, or the designee thereof, giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Milton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Milton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Milton, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. 1986 JOURNAL OF THE HOUSE (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SECTION 6.35. Homestead exemption for citizens age 65 or over meeting certain income requirements. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Milton, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means adjusted gross income as such term is defined in the Internal Revenue Code of 1986, as such code is defined in Code Section 48-1-2 of the O.C.G.A., except that for purposes of this section the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Milton who is a senior citizen is granted an exemption on that person's homestead from City of Milton ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Milton, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Milton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Milton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year MONDAY, MARCH 6, 2006 1987 to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Milton, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SECTION 6.36. Homestead exemption for citizens age 70 or over and disabled persons meeting certain income requirements. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Milton, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means adjusted gross income determined pursuant to the Internal Revenue Code of 1986, as amended, for federal income tax purposes, except that for the purposes of this section the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. (4) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Milton who is a senior citizen or who is disabled is granted an exemption on that person's homestead from City of Milton ad valorem taxes for municipal purposes for the full value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead does not exceed the 1988 JOURNAL OF THE HOUSE maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act for the immediately preceding year. (c)(1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Milton, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Milton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Milton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Milton, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. ARTICLE VII GENERAL PROVISIONS SECTION 7.10. Bonds for officials. MONDAY, MARCH 6, 2006 1989 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. 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 7.12. Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.13. Qualified electors. (a) For the purposes of the referendum election provided for in Section 7.14 of this charter and for the purposes of the special election to be held on the Tuesday after the first Monday in November, 2006, the qualified electors of the City of Milton shall be those qualified electors of Fulton County residing within the corporate limits of the City of Milton as described by Section 1.11 of this charter. At subsequent municipal elections, the qualified electors of the City of Milton shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code." (b) Only for the purpose of holding and conducting the referendum election provided for by Section 7.14 of this charter and only for the purpose of holding and conducting the special election of the City of Milton to be held on the Tuesday after the first Monday in November, 2006, the election superintendent of Fulton County is vested with the powers and duties of the election superintendent of the City of Milton and the powers and duties of the governing authority of the City of Milton. SECTION 7.14. Referendum. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election 1990 JOURNAL OF THE HOUSE superintendent of Fulton County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of Milton, as provided in Section 7.13 of this charter, for approval or rejection. The superintendent shall set the date of such election for the date of the general primary in 2006. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words: "( ) YES Do you approve the creation of the City of Milton and the property tax rate cap and the granting of the homestead exemptions described in the ( ) NO Act creating the City of Milton?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise, it shall thereafter be void and of no force and effect. The expense of the special election set forth in this section shall be borne by Fulton County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. SECTION 7.15. Effective dates. (a) Sections 1.10 and 1.11 of this Act and those provisions of the Act necessary for the special election provided for in Section 7.14 of this charter shall become effective immediately upon this Act's approval by the Governor or upon its becoming law without such approval. (b) Those provisions of this Act necessary for the special election to be held on the Tuesday after the first Monday in November, 2006, as provided by Article II of this charter shall be effective upon the certification of the results of the referendum election provided for by Section 7.14 of this charter, if this Act is approved at such referendum election. (c) The remaining provisions of this Act shall become of full force and effect for all purposes on December 1, 2006, except that the initial mayor and councilmembers shall take office immediately following their election and by action of a quorum may prior to December 1, 2006, meet and take actions binding on the city. SECTION 7.16. Transition. (a) A period of time will be needed for an orderly transition of various government functions from Fulton County to the City of Milton. Accordingly there shall be a transition period beginning on December 1, 2006, and ending at midnight on November MONDAY, MARCH 6, 2006 1991 30, 2008. During such transition period, all provisions of this charter shall be effective as law, but not all provisions of this charter shall be implemented. (b) During such transition period, Fulton County shall continue to provide within the territorial limits of Milton all government services and functions which Fulton County provided in that area during 2005 and at the same actual cost, except to the extent otherwise provided in this section; provided, however, that upon at least 30 days prior written notice to Fulton County by the City of Milton, responsibility for any such service or function shall be transferred to the City of Milton. Beginning December 1, 2006, the City of Milton shall collect taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of Milton in the same manner as authorized immediately prior to the effective date of this section; provided, however, that upon at least 30 days prior written notice to Fulton County by the City of Milton, the authority to collect any tax, fee, assessment, fine or forfeiture, or other moneys shall remain with Fulton County after December 1, 2006, until such time as Fulton County receives subsequent notice from the City of Milton that such authority shall be transferred to the City of Milton. (c) During the transition period, the governing authority of the City of Milton: (1) Shall hold regular meetings and may hold special meetings as provided in this charter; (2) May enact ordinances and resolutions as provided in this charter; (3) May amend this charter by home rule action as provided by general law; (4) May accept gifts and grants; (5) May borrow money and incur indebtedness to the extent authorized by this charter and general law; (6) May levy and collect an ad valorem tax for calendar years 2007 and 2008; (7) May establish a fiscal year and budget; (8) May create, alter, or abolish departments, boards, offices, commissions, and agencies of the city; appoint and remove officers and employees; and exercise all necessary or appropriate personnel and management functions; and (9) May generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (d) Except as otherwise provided in this section, during the transition period the Municipal Court of the City of Milton shall not exercise its jurisdiction. During the transition period, all ordinances of Fulton County shall remain applicable within the territorial limits of Milton and the appropriate court or courts of Fulton County shall retain jurisdiction to enforce such ordinances. However, by appropriate agreement (and concurrent resolutions and ordinances if needed) Fulton County and Milton may during the transition period transfer all or part of such regulatory authority and the appropriate court jurisdiction to the City of Milton. Any transfer of jurisdiction to the City of Milton during or at the end of the transition period shall not in and of itself abate any judicial 1992 JOURNAL OF THE HOUSE proceeding pending in Fulton County or the pending prosecution of any violation of any ordinance of Fulton County. (e) During the transition period, the governing authority of Milton may at any time, without the necessity of any agreement by Fulton County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of Milton commencing to exercise its planning and zoning powers, the Municipal Court of the City of Milton shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (f) Effective upon the termination of the transition period, subsections (b) through (e) of this section shall cease to apply except for the last sentence of subsection (d) which shall remain effective. Effective upon the termination of the transition period, the City of Milton shall be a full functioning municipal corporation and subject to all general laws of this state. SECTION 7.17. Directory nature of dates. It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause, delay in securing approval under the federal Voting Rights Act, or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing it is specifically provided that: (1) If it is not possible to hold the referendum election provided for in Section 7.14 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable; and (2) If it is not possible to hold the first municipal election provided for in Section 2.11 of this Act on the date specified in that section, then there shall be a special election for the initial members of the governing authority to be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. SECTION 7.18. Charter commission. At the first regularly scheduled city council meeting, five years after the inception of the City of Milton, the mayor and city council shall call for a charter commission to review the city's experience and recommend to the General Assembly any changes to the city charter. Members of the charter commission shall be appointed as follows: one by the MONDAY, MARCH 6, 2006 1993 mayor, one by the city council, and one by each member of the Georgia House of Representatives and Senate whose district lies wholly or partially within the corporate boundaries of the City of Milton. All members of the charter commission must reside in the City of Milton. The commission must complete the recommendations within six months of its creation. SECTION 7.19. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. SECTION 7.20. General repealer. All laws and parts of laws in conflict with this Act are repealed. APPENDIX A The corporate limits of the City of Milton shall consist of that portion of Fulton County described as follows: (1) Subject to the exclusion of that territory described in the other paragraphs of this Appendix A, the City of Milton shall include territory within the following boundary: Beginning at the intersection of Arnold Mill Road (a/k/a State Route 140) and the Fulton/Cherokee County line, run generally southwest along the center line of Arnold Mill Road to that point where Arnold Mill Road first intersects the Alpharetta City limits south of Green Road; thence follow the meanderings of the Alpharetta City limits generally northeastward and eastward to LL 1103; then proceeding north along the western edge of LL 1103 and LL 1058 to the northwestern most corner of the Harrington Falls subdivision; then proceeding eastward along the northern boundary of the Harrington Falls subdivision to the northwestern most corner of parcel 22463010340275; then proceeding east along the northern border of parcel 22463010340275 to the centerline of Providence Road, then south along the centerline of Providence Road to the Alpharetta City limits; then following the meanderings of the Alpharetta City limits generally easterly to the intersection of Ga. Route 400 and the Fulton/Forsyth County line; run thence generally north along the 1994 JOURNAL OF THE HOUSE Fulton/Forsyth County Line and thence west and south along the Fulton County line to the point of beginning; (2) The following territory shall be excluded from the corporate limits of the City of Milton: A. parcel number 22447010580238 in its entirety; B. all of the unincorporated land within LL 1123 and LL 1124, south and east of the centerline of Cumming Highway (a/k/a, Main Street, a/k/a Alpharetta Highway and a/k/a State Highway 9); C. all of the unincorporated land within LL 1111 and LL 1050 south and east of the centerline of Cogburn Road; D. all of the unincorporated land within LL 833, LL 834 and LL 895 that is situated south and east of the southernmost right of way of Bethany Bend Road; E. all of the unincorporated land within LL 896 that is situated west of the westernmost right of way of Cogburn Road; F. that property identified by parcel number 22-50900896-046 in LL 905, to the westernmost right of way of Cogburn Road.; (3) As used in paragraph (1), of this Appendix A, the city limits of Alpharetta shall be those in existence as of January 1, 2006, including all properties that have legally been annexed into the City of Alpharetta as of that date; and (4) The City of Milton shall not include any noncontiguous portion of the City of Alpharetta or the City of Roswell that was legally included within the city limits of either city as of January 1, 2006. APPENDIX B Council Districts 1 through 6 shall consist of the territory of the City of Milton described in the Redistricting Plan Components Report attached to this Act and made a part thereof and further identified as "Plan Name: miltonp6re Plan Type: Local User: Blake Administrator: H046." 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 Milton which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of Milton 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 MONDAY, MARCH 6, 2006 1995 which contains the least population according to the United States decennial census of 2000 for the State of Georgia. APPENDIX C CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION I, Representative Jan Jones, Georgia State Representative from the 46th District and the author of this bill introduced at the 2005 Session of the General Assembly of Georgia, which grants an original municipal charter to the City of Milton do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A. So certified, this ______ day of ____________________, 20__. ________________________________ Representative, 46th District Georgia House of Representatives District 001 Fulton County Tract: 115.01 BG: 4 4005 4007 4010 4014 4015 4016 4018 4019 4020 4021 4022 4023 4024 4025 4026 4028 4029 4030 4031 4034 4035 4039 4040 4043 BG: 5 5000 5001 5002 5003 5006 5009 5010 Tract: 116.04 BG: 4 4028 District 002 Fulton County Tract: 115.01 BG: 4 4011 4012 4013 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9034 9035 9036 9037 9038 9039 9040 9041 9042 9043 9044 9066 9067 1996 JOURNAL OF THE HOUSE 9068 9069 9070 9071 9072 9073 9074 9075 9076 9077 9084 9085 9086 9087 9088 9089 9091 9999 District 003 Fulton County Tract: 115.01 BG: 4 4000 4008 4009 4017 BG: 9 9012 9013 9014 9026 9027 9028 9029 9030 9031 9032 9033 9045 9046 9047 9048 9049 9050 9051 9052 9053 9054 9055 9056 9057 9058 9059 9060 9061 9062 9063 9064 9065 9083 9997 9998 District 004 Fulton County Tract: 115.01 BG: 4 4001 4002 4003 4004 4006 BG: 9 9078 9079 9080 9096 9996 Tract: 116.04 BG: 2 2004 That part of block 2006 which lies within the City of Milton. 2007 That part of block 2030 which lies within the City of Milton. That part of block 2031 which lies within the City of Milton. 2999 BG: 4 4000 4001 That part of block 4002 which lies within the City of Milton. 4008 4009 4010 4011 4013 4999 District 005 Fulton County Tract: 115.01 BG: 9 9081 9082 9090 9092 9093 9094 9095 Tract: 116.04 BG: 2 MONDAY, MARCH 6, 2006 1997 2000 2001 2002 2003 2008 2009 2010 2026 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2027 District 006 Fulton County Tract: 116.04 BG: 5 5000 5001 5002 5003 5004 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 N Ashe Y Barnard E Barnes Y Bearden N Beasley-Teague Benfield Y Benton Y Black Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Carter E 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 N Dean Y Dickson Y Dodson Y Dollar Y Drenner N Dukes Y Ehrhart Y England Y Epps Y Everson 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 N Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E E Hudson N Hugley E Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jennings Johnson Y Jones, J Y Jones, S N 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 N Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell N Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M E Setzler Y Shaw Y Sheldon E Sims, C Y Sims, F Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard N Williams, A N Williams, E E Williams, R Wix Y Yates Richardson, Speaker 1998 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 127, nays 21. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Carter of the 159th and Mitchell of the 88th 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 988. By Representatives Hill of the 180th, Lane of the 167th, Keen of the 179th, Smith of the 168th and Mosley of the 178th: A BILL to be entitled an Act to amend Chapter 12 of Title 50 of the O.C.G.A., relating to state government commissions and other agencies, so as to provide for the establishment of the War of 1812 Bicentennial Commission; to provide for the membership of the commission and the powers and duties of the commission; to provide for expenses; to provide for matters relating to commemorating the historic events that preceded and are associated with the War of 1812; to provide for abolition of the commission; to provide for repeal of the laws relating to such commission and the powers and duties of the commission; to create the War of 1812 Commemoration Commission and provide for its membership, powers, duties, and operations; 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 12 of Title 50 of the Official Code of Georgia Annotated, relating to state government commissions and other agencies, so as to provide for the establishment of the War of 1812 Bicentennial Commission; to provide for the membership of the commission and the powers and duties of the commission; to provide for expenses subject to available funds; to provide for matters relating to commemorating the historic events that preceded and are associated with the War of 1812; to provide for abolition of the commission; to provide for repeal of the laws relating to such commission and the powers and duties of the commission; to create the War of 1812 Commemoration Commission and provide for its membership, powers, duties, and operations; 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: MONDAY, MARCH 6, 2006 1999 SECTION 1. Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to state government commissions and other agencies, is amended by adding a new article to read as follows: "ARTICLE 9 50-12-140. This article shall be known and may be cited as the 'War of 1812 Bicentennial Commission Act.' 50-12-141. (a) The General Assembly finds and declares that the War of 1812 was a perilous time in our young nation's history. The war was essentially fought over our nation's sovereign right to free trade and the inviolability of our nation's vessels on the high seas; it serves as a timeless reminder of the vulnerability of Georgia's coastline and land borders to attack by elements of a hostile foreign power. During the war period, July 18, 1812, through February 18, 1815, there were 39 counties in Georgia those being: Baldwin, Bryan, Bulloch, Burke, Camden, Chatham, Clarke, Columbia, Effingham, Elbert, Emanuel; Franklin, Glynn, Greene, Hancock, Jackson, Jasper, Jefferson, Jones, Laurens, Liberty, Lincoln, Madison, McIntosh, Montgomery, Morgan, Oglethorpe, Pulaski, Putnam, Richmond, Screven, Tattnall, Telfair, Twiggs, Warren, Washington, Wayne, Wilkes, and Wilkinson; Emanuel was added on Dec. 10, 1812. Although not designated within the borders of the state, there existed during the war period territory that would eventually be designated as counties of Georgia; in addition to which, new counties were created from existing counties, and some counties whose boundaries were later redefined were the site of historically significant activity during the War of 1812. Among those counties, but not specifically limited to those now mentioned, are: Appling, Bibb, Bleckley, Charlton, Coffee, Crawford, Crisp, Dodge, Dooly, Early, Lee, Monroe, Muscogee, Pierce, Talbot, Taylor, Ware, Wilcox, Worth, and Upson. While not all counties suffered combat, each of the 39 aforementioned counties contributed troops to the state militia; some had fortifications situated within their respective boundaries; and all had militia training grounds. Various regions of Georgia were affected by the War of 1812 in different ways: coastal regions were subject to combat with British forces, British raiding parties, and the interdiction of coastal shipping between the ports of Savannah and St. Marys; beyond Fort Hawkins (the present day City of Macon), Georgia settlers and troops were subject to raids by rebel elements of the Creek nation allied to Great Britain. Georgia territory occupied by British forces included Brunswick, Cumberland Island, Jekyll Island, St. Marys, and St. Simons Island. The same naval and military forces that burned Washington, D.C., and attacked Fort McHenry, inspiring Francis Scott Key to write the poem which became known as the 'Star Spangled Banner,' also invaded Cumberland Island, attacked St. Marys and the Battery at Cantonment Point Petre, and wreaked havoc along Georgia's coast. The final 2000 JOURNAL OF THE HOUSE combat between British military forces and American military forces, specifically the Georgia Militia, took place on the St. Marys River, near Coleraine, on February 23, 1815, and the final shots fired in anger between British naval forces and American naval forces in American territorial sea took place in Georgia waters on March 16, 1815, off Wassaw Island. (b) The bicentennial commemoration period offers an excellent opportunity to enhance educational programs, add to the general knowledge of that era, and engender history and heritage based tourism within the state. Therefore, it is in the interest of the state to provide appropriate commemorative activities to maximize public understanding of the meaning of the War of 1812 in the history of Georgia. (c) The purpose of the commission is to ensure a suitable state-wide observance of the War of 1812 by complementing, cooperating with, and providing assistance to the programs and activities of the various counties involved in the commemoration. The commission is to encourage War of 1812 observances that provide an excellent visitor experience and beneficial interaction between visitors and the natural and cultural resources of the various War of 1812 sites. The commission is to engage the state archeologist in compiling an inventory of War of 1812 archeological assets on land and in waters under Georgia jurisdiction or control and work in concert with the appropriate federal government agencies when warranted to accomplish that goal. (d) The commission is also to welcome international involvement in the War of 1812 observances; contribute to, coordinate with, participate in, and enhance the activities of the National War of 1812 Bicentennial Commission; foster and promote the protection of War of 1812 resources; and assist in the appropriate development of heritage and history based tourism and economic benefits to the State of Georgia. 50-12-142. As used in this article, the term: (1) 'Commemoration' means commemoration of the War of 1812. (2) 'Commission' means the War of 1812 Bicentennial Commission established in this article. (3) 'Commissioner' means the commissioner of natural resources. (4) 'Counties' means those counties mentioned in subsection (a) of Code Section 5012-141, to wit: Appling, Baldwin, Bibb, Bleckley, Bryan, Bulloch, Burke, Camden, Charlton, Chatham, Clarke, Coffee, Columbia, Crawford, Crisp, Dodge, Dooly, Early, Effingham, Elbert, Emanuel, Franklin, Glynn, Greene, Hancock, Jackson, Jasper, Jefferson, Jones, Laurens, Lee, Liberty, Lincoln, Madison, McIntosh, Montgomery, Monroe, Morgan, Muscogee, Oglethorpe, Pierce, Pulaski, Putnam, Richmond, Screven, Talbot, Tattnall, Taylor, Telfair, Twiggs, Ware, Warren, Washington, Wayne, Wilcox, Wilkes, Wilkinson, Worth, and Upson, and includes agencies and entities of each county. (5) 'Qualified resident' means any resident of the State of Georgia with an interest in, support for, and expertise appropriate to the commemoration. MONDAY, MARCH 6, 2006 2001 50-12-143. (a) The commission shall be composed of 28 members as follows: (1) Thirteen members shall be qualified residents appointed by the commissioner after consideration of nominations submitted by the county commissioners of Baldwin, Bibb, Camden, Chatham, Crawford, Crisp, Fulton, Glynn, Liberty, McIntosh, Pulaski, Telfair, and Twiggs counties; (2) Three members shall be qualified residents appointed by the commissioner after consideration of nominations submitted by the mayors of the City of Savannah, City of Macon, and the City of St. Marys; (3) Three members shall be employees of the Department of Natural Resources appointed by the commissioner; (4) One shall be an employee of the Georgia Department of Defense; (5) One shall be an employee of the Department of Economic Development, Tourism Division; (6) One shall be an employee of the University System of Georgia from a department of history; (7) One shall be an employee of the Department of Education; (8) Four shall be qualified residents appointed by the commissioner, of whom: (A) One shall be recommended by the majority leader of the Senate; (B) One shall be recommended by the minority leader of the Senate; (C) One shall be recommended by the majority leader of the House of Representatives; and (D) One shall be recommended by the minority leader of the House of Representatives; and (9) One member shall be appointed by the commissioner from among individuals with experience in the history of the War of 1812. (b) Those residents of Georgia nominated by the Governor to serve on the National War of 1812 Bicentennial Commission shall ensure the coordination of efforts by the State of Georgia War of 1812 Bicentennial Commission with the efforts of the National War of 1812 Bicentennial Commission. (c) The appointments of members of the commission shall be made not later than 120 days after the date of enactment of this article. (d) A member shall be appointed for the life of the commission. (e) A vacancy on the commission: (A) Shall not affect the powers of the commission; and (B) Shall be filled in the same manner as the original appointment was made. (f) The commission shall act only on an affirmative vote of a majority of the members of the commission. (g) A majority of the members of the commission shall constitute a quorum. (h) The commission shall select a chairperson and a vice chairperson from among the members of the commission. (i) The commission shall hold its initial meeting no later than 60 days after the date on which all members of the commission have been appointed. 2002 JOURNAL OF THE HOUSE (j) During the years 2006 through 2011, not less than three times a year the commission shall meet at the call of the chairperson or a majority of the members of the commission. (k) During the years 2012 through 2015, not less than two times a year the commission shall meet at the call of the chairperson or a majority of the members of the commission. (l) The commission shall: (1) Plan, encourage, develop, execute, and coordinate programs, observances, and activities commemorating the historic events that preceded and are associated with the War of 1812; (2) Facilitate the commemoration throughout the State of Georgia; (3) Coordinate the activities of the commission with appropriate private, city, and federal agencies including, but not limited to, the National Park Service and the federal Department of Defense; (4) Encourage civic, patriotic, historical, educational, religious, economic, tourism, and other organizations throughout the State of Georgia to organize and participate in the commemoration to expand the understanding and appreciation of the significance of the War of 1812; (5) Provide technical assistance to counties, cities, localities, the Department of Natural Resources, and nonprofit organizations to further the commemoration and commemorative events; (6) Subject to available funds, direct the following regional development centers to coordinate the efforts of the participating counties within their respective regions: Coastal Georgia, Central Savannah River, Heart of Georgia, Atlanta Regional Commission, Southeast Georgia, Northeast Georgia, Middle Georgia, Middle Flint Lower Chattahoochee, South Georgia, and Southwest Georgia; (7) Subject to available funds, direct the aforementioned regional development centers to provide a calendar of events to the state Departments of Transportation, Economic Development, and Education no later than six months prior to the event date; (8) Design, develop, and provide, during the commemoration period January 1, 2012, through May 30, 2015, for the purposes of education and tourism, a website that shall include a calendar of commemoration festivities state wide and an explanation of events preceding and associated with the War of 1812 as it was prosecuted on Georgia soil, in Georgia waters, and by military and naval units associated with the State of Georgia deployed in other states or territories; (9) Design, develop, and provide, during the commemoration period January 1, 2012, through May 30, 2015, an exhibit that will travel throughout the state to interpret events of the War of 1812 for the educational benefit of the residents of and tourists to the State of Georgia; (10) Subject to available funds, direct the state archeologist to produce an inventory of historically significant structures and, upon completion of said inventory, shall execute surveys of sites associated with the War of 1812; MONDAY, MARCH 6, 2006 2003 (11) Subject to available funds, direct the state archeologist to produce, with the assistance of a state historian, an inventory of historically significant shipwrecks in Georgia waters and, upon completion of said inventory, shall, with the cooperation of appropriate state and federal agencies, execute surveys of significant shipwrecks associated with the War of 1812 in Georgia waters; (12) Subject to available funds, direct a state historian to provide not later than July 18, 2011, information relating the location of battlegrounds, fortifications, historic sites, routes, trails, and other places of interest to the State Department of Transportation so that agency may produce a 'War of 1812 Trail' map which shall be made available for the Georgia War of 1812 Bicentennial period: July 18, 2012, through March 16, 2015; (13) Subject to available funds, direct a state historian to compile for distribution to appropriate state historic sites and Georgia schools a pamphlet including the biographies of notable War of 1812 era Georgians: citizens, military figures, political figures, and namesakes for Georgia counties; (14) Ensure that the War of 1812 commemorations provide a lasting legacy and longterm public benefit leading to protection of the natural and cultural resources associated with the War of 1812; and (15) Examine and review essential facilities and infrastructure at War of 1812 sites and enable necessary improvements to enhance and maximize visitor experience at the sites. (m) The commission shall prepare a strategic plan and annual performance plans for any activity carried out by the commission under this article. (n) The commission shall have no authority to obligate state funds or to require any unit of state or local government to expend or obligate funds. Where any provisions of this article make any power or duty of the commission subject to availability of funding, such provisions are intended to make the exercise of such power or duty contingent on the commission having received grants, donations, or contract funds sufficient for such purpose. 50-12-144. (a) The commission shall submit to the General Assembly an annual report that contains a list of each gift, bequest, or devise to the commission or a member of the commission with a value of more than $250.00, together with the identity of the donor of each gift, bequest, or devise. (b) Not later than September 30, 2015, the commission shall submit to the commissioner and the General Assembly a final report that includes: (1) A summary of the activities of the commission; (2) A final accounting of any funds received or expended by the commission; and (3) The final disposition of any historically significant item acquired by the commission and other properties not previously reported. 50-12-145. 2004 JOURNAL OF THE HOUSE (a) The commission may: (1) Solicit, accept, use, and dispose of gifts or donations of money, services, and real and personal property related to the commemoration; (2) Appoint such advisory committees as the commission determines to be necessary to carry out this article; (3) Authorize any member or employee of the commission to take any action the commission is authorized to take under this article; (4) Use the United States mails in the same manner and under the same conditions as other agencies of the state government; and (5) Make grants to communities, nonprofit commemorative commissions or organizations, and research and scholarly organizations to develop programs and products to assist in researching, publishing, marketing, and distributing information relating to the commemoration. (b) In carrying out this Code section, the commission may: (1) Procure supplies, services, and property; and (2) Make or enter into contracts, leases, or other legal agreements. (c) Any contract, lease, or other legal agreement made or entered into by the commission shall not extend beyond the date of termination of the commission. (d) The commission may secure directly from a state agency such information as the commission considers to be necessary to carry out this Code section and, upon request of the chairperson of the commission, the head of the agency shall provide information to the commission. 50-12-146. (a) Except as provided in subsection (b) of this Code section, a member of the commission shall serve without compensation. (b) A member of the commission who is an officer or employee of the State of Georgia shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the State of Georgia. (c) Subject to available funds, a member of the commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under the law while away from the home or regular place of business of the member in the performance of the duties of the commission. (d) Subject to available funds, the chairperson of the commission may, without regard to merit system laws, including regulations, appoint and terminate an executive director and such other additional personnel as are necessary to enable the commission to perform the duties of the commission. (e) Subject to available funds, the employment of an executive director shall be subject to confirmation by the commission. (f) Subject to available funds, the chairperson of the commission may fix the compensation of the executive director and other personnel without regard to the provisions of the law relating to classification of positions and general schedule pay rates. MONDAY, MARCH 6, 2006 2005 (g) At the request of the commission and subject to available funds, the head of any state agency may assign, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the commission to assist the commission in carrying out the duties of the commission under this article. (h) The assignment of an employee under subsection (g) of this Code section shall be without loss of merit system status or privilege. (i) The commission may: (1) Accept the services of personnel assigned from counties and cities; and (2) Subject to available funds, reimburse counties and cities for the services of assigned personnel. (j) The commission may accept and use such voluntary and uncompensated services as the commission determines necessary. (k) Subject to available funds, the commissioner shall provide to the commission, on a reimbursable basis, such administrative support services as the commission may request. (l) Subject to available funds, the chairperson of the commission may procure temporary and intermittent services at rates for individuals that do not exceed the daily equivalent of the annual rate. (m) Nothing in this Code section supersedes the authority of the counties or the Department of Natural Resources concerning the commemoration. (n) Nothing in this article shall be construed to require state appropriations. 50-12-147. (a) The commission shall terminate on December 31, 2015. (b) Not later than the date of termination, the commission shall transfer any documents, materials, books, manuscripts, miscellaneous printed matter, memorabilia, relics, and exhibits and any materials donated to the commission that relate to the War of 1812 to the Fort Morris (Fort Defiance) State Historic Site. (c) Any funds held by the commission on the date of termination shall be deposited in the general fund of the treasury. (d) This article shall stand repealed in its entirety December 31, 2015." 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. 2006 JOURNAL OF THE HOUSE 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 E Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Burns Y Butler Y Byrd Y Carter E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y 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 Everson 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 Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E E Hudson Y Hugley E 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 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 E Millar Y Mills 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 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 E Setzler Y Shaw Y Sheldon E Sims, C Y Sims, F Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Abdul-Salaam of the 74th and Mitchell of the 88th 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. MONDAY, MARCH 6, 2006 2007 Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report: Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 510 Do Pass, by Substitute HB 1435 Do Pass, by Substitute Respectfully submitted, /s/ Scott of the 153rd 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1493 Do Pass Respectfully submitted, /s/ Hill of the 21st Chairman The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR MONDAY, MARCH 6, 2006 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 06, 2006, by adding the following: DEBATE CALENDAR 2008 JOURNAL OF THE HOUSE Open Rule HB 1075 HB 1092 HB 1252 HB 1364 HB 1373 HB 1380 HB 1404 Bond; used motor vehicle dealers; increase amount Suicide Prevention Program; create Driver training schools; definitions; provide Handicapped persons; medicare prescription drug insurance provisions Budgetary Responsibility Oversight Committee; repeal creation Food; adulteration and misbranding; provide certain exemptions Commissioner of Agriculture; farmers' market; change provisions plan; Modified Open Rule HB 1224 Health Share Volunteers in Medicine Act; revise certain definitions Modified Structured Rule None Structured Rule HB 1083 HB 1164 HR 413 HR 1302 Georgia Medical Center Authority; projects; change definition Budget Act; amend Warren V. Johnson Bridge; designate Stephen J. Schmidt, Sr. Memorial Highway; dedicate 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 and Resolutions of the House were taken up for consideration and read the third time: HB 1164. By Representatives Ehrhart of the 36th, Harbin of the 118th and Forster of the 3rd: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the O.C.G.A., the "Budget Act," so as to provide for the collection and compilation of certain information with respect to the impact of judicial MONDAY, MARCH 6, 2006 2009 settlements and decrees on the state budgetary and appropriations process; to provide for findings and intent; to require certain information to be included in the budget estimates of budget units; to provide for the compilation of such information in the budget report; to provide for the inclusion of certain information in legislative budget tracking documents; to provide that the payment or expenditure of state funds for purposes of compliance with a judicial decree or settlement shall be subject to appropriation and allotment of funds or an object class transfer; to define a term; 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 N Ashe Y Barnard E Barnes Y Bearden N Beasley-Teague Benfield Benton Y Black Bordeaux E Borders Y Bridges N Brooks Y Brown N Bruce E Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson Y Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson 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 Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E E Hudson Hugley E Jackson Y Jacobs N James N Jamieson Y Jenkins Y Jennings 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 Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall Ray N Reece, B Y Reece, S E Reese Rice Y Roberts Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M E Setzler Shaw Y Sheldon E 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 Stephens N Stephenson Y Talton Y Teilhet Thomas, A.M N Thomas, B Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard N Williams, A N Williams, E E Williams, R Wix Y Yates Richardson, Speaker 2010 JOURNAL OF THE HOUSE On the passage of the Bill, the ayes were 108, nays 41. The Bill, having received the requisite constitutional majority, was passed. Representatives Abdul-Salaam of the 74th, Benton of the 31st, Mitchell of the 88th, Rice of the 51st, Rogers of the 26th, Shaw of the 176th, 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 Benfield of the 85th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon. HB 1083. By Representatives Harbin of the 118th, Burmeister of the 119th and Fleming of the 117th: A BILL to be entitled an Act 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 the definition of projects of the authority; to change certain purposes of the authority and to provide for additional purposes; to provide for an exemption from certain sales and use taxation; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 15 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Medical Center Authority, so as to provide for the comprehensive revision of said chapter; to change certain provisions regarding definitions; to change certain provisions regarding the corporate purposes and general nature of the authority; to provide for additional powers of the authority; to provide for the issuance of bonds, refunding bonds, notes, or other instruments; to provide for procedures, conditions, and limitations; to change certain provisions regarding tax exemptions; to change certain provisions regarding the status of certain moneys as trust funds; to provide for the supplemental nature of certain powers and authority granted pursuant to the provisions of said Chapter 15; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. MONDAY, MARCH 6, 2006 2011 Chapter 15 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Medical Center Authority, is amended by striking paragraph (3) of Code Section 20-15-2, relating to definitions regarding the authority, and inserting in its place a new paragraph (3) to read as follows: "20-15-2. (a) As used in this chapter, the term: (1) 'Authority' means the Georgia Medical Center Authority. (2) 'Bonds' or 'revenue bonds' means any bonds issued by the authority under this chapter, including refunding bonds. (2)(3) 'Cost of the project' means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; the cost of intellectual property; and such other expenses as may be necessary or incident to the financing authorized in this chapter, the construction of any project, the placing of the same in operation, and 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 the proceeds of revenue bonds issued under this chapter for such project. (3)(4) 'Project' means and includes one or any combination of the following: biomedical and biotechnical research centers, life sciences industry research and development, manufacturing facilities, and programs based in Augusta, the State of Georgia, to include office space, laboratories, treatment centers, and other related buildings, structures, equipment, as well as associated facilities such as parking facilities and common areas; and improvements of every kind and character deemed by the authority necessary or convenient for its purposes. (b) Any project or combination of projects shall be deemed 'self-liquidating' if, in the judgment of the authority, the revenues, rents, or earnings to be derived by the authority therefrom will be sufficient to pay the cost of maintaining, repairing, and operating the project and to pay the principal of and interest on revenue bonds which may be issued for the cost of such project, projects, or combination of projects." SECTION 2. Said chapter is further amended by striking Code Section 20-15-4, relating to purposes of the authority, and inserting in its place a new Code Section 20-15-4 to read as follows: "20-15-4. The corporate purpose and the general nature of the business of the authority shall be: (1) The provision of biomedical and biotechnical research centers, life sciences industry research and development and manufacturing facilities, and programs based in Augusta, Georgia, in cooperation with the board of regents the State of Georgia; 2012 JOURNAL OF THE HOUSE (2) The commercialization of biomedical and biotechnical research results; (3) The promotion of closer ties between academic institutions of the state and the biomedical industry so as to capitalize on present and future state intellectual resources; (4) The generation of sustained research funding in the form of revenues from licensed and commercialized intellectual property with excess revenues reinvested in biomedical research infrastructure and programs; (5) The promotion of continuing investment in the intellectual capacity of the Medical College of Georgia by cooperating with the board of regents in the retention and recruitment of clinical faculty; and (4) The facilitation of the development of a life sciences industrial cluster in the State of Georgia; and (6)(5) The advancement of local and state economic growth. Nothing in this chapter shall be construed to conflict with the powers and authority of the board of regents over its institutions." SECTION 3. Said chapter is further amended by striking Code Section 20-15-5, relating to powers of the authority, and inserting in its place a new Code Section 20-15-5 to read as follows: "20-15-5. The authority is authorized: (1) To have a seal and alter it at pleasure; (2) To acquire, by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal and intellectual property of every kind and character for its corporate purposes; (3) To appoint, select, and employ officers, agents, and employees, including but not limited to engineering, architectural, and construction experts and fiscal agents; to contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of accountants, engineers, architects, consultants, and advisors, and to allow suitable compensation for such services; and to make provisions with regard to its employees for group insurance, retirement, or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits and to establish conditions of employment of authority employees; (4) To make contracts and to execute all instruments necessary or convenient, including but not limited to contracts for construction of projects or contracts with respect to the leasing or use of projects which the authority causes to be erected or acquired; (5) To plan, survey, subdivide, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this chapter, such projects to be located on property owned or leased by the authority or the State of Georgia or under the control and management of the MONDAY, MARCH 6, 2006 2013 authority. The cost of any such project shall be paid from the authority's income or from such proceeds and any loan, gift, or grant from the United States of America or any agency or instrumentality thereof, or the State of Georgia or any county, municipal corporation, authority, or local government or governing body thereof; (6) To extend credit or make loans to any person, firm, corporation, limited liability company, or other type of entity for the planning, design, construction, acquisition, refinancing, or carrying out of any project, which credit or loans shall be secured by loan agreements, deeds to secure debt, security agreements, contracts, and all other instruments, fees, or charges, upon such terms and conditions as the authority shall determine reasonable in connection with such loans, including provision for the establishment and maintenance of reserves and insurance funds, and to require the inclusion in any contract, loan agreement, deed to secure debt, security agreement, or other instrument, of such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project as the authority may deem necessary or desirable; (7) To acquire, accept, or retain equitable interests, security interests, or other interests in any property, real or personal, by deed to secure debt, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer, in order to secure the repayment of any moneys loaned or credit extended by the authority; (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 such bonds and for the rights of the holders thereof; (9) To borrow money for any of its corporate purposes, on either an unsecured or secured basis, and to execute loan agreements, promissory notes, and other contracts and instruments in connection therewith and to provide for the repayment of such loans and for the rights of the lenders thereof; (10) As security for repayment of its revenue bonds, loans, or notes, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of such authority, to the extent of its interest therein, 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 part of the authority upon default on such bonds, loans, or notes, either in payment of principal or interest in the performance of any term or condition as are contained in such agreement or indenture. The state waives any right which it may have to prevent the forced sale or foreclosure of any property of the authority so mortgaged or encumbered, to the extent of the interest of the authority therein but not any interest of the state therein, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof; (11) To procure or to provide insurance against any loss in connection with its programs, property, and other assets; 2014 JOURNAL OF THE HOUSE (6)(12) To accept loans or grants, or both, of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose and to administer trusts; (7)(13) To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state; (8)(14) To act as agent for the United States of America or any agency, department, corporation, or instrumentality thereof, in any manner within the purposes or powers of the authority; (9)(15) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business; (10)(16) To receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia, or any agency or instrumentality thereof, or from any county, municipal corporation, or local government or governing body; (11)(17) To hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or as appropriations by authority of the General Assembly for any of the purposes of this authority; (12)(18) To do all things necessary or convenient to carry out the powers and purposes of the authority; (13)(19) To acquire, lease (as lessee), purchase, hold, own, and use any franchise or any property, real or personal, tangible or intangible, or any interest therein; and to sell, lease (as lessor), transfer, or dispose thereof whenever the same is no longer required for purposes of the authority, or exchange the same for other property or rights which are useful for the purposes of the authority; (14)(20) To fix, alter, charge, and collect fares, rates, rentals, and other charges for its facilities and for admission to its grounds at reasonable rates to be determined by the authority; (15)(21) To contract with the Georgia State Financing and Investment Commission for the construction of the project as provided for in Article 2 of Chapter 17 of Title 50; or to contract with other authorities, departments, or agencies of the State of Georgia; or to contract with private developers, architects, and engineers for the construction of the project; and (16)(22) To invest and reinvest any or all idle funds or moneys, including, but not limited to, funds held in reserve or from contributions, gifts, or grants, which cannot be immediately used for the purpose for which received, such investment to be made in any security or securities which are legal investments for executors or trustees; provided, however, that investments in such securities will at all times be held for and, when sold, used for the purposes for which the money was originally received." MONDAY, MARCH 6, 2006 2015 SECTION 4. Said chapter is further amended by adding seven new Code sections immediately following Code Section 20-15-5, to be designated Code Sections 20-15-5.1, 20-15-5.2, 20-15-5.3, 20-15-5.4, 20-15-5.5, 20-15-5.6, and 20-15-5.7, respectively, to read as follows: "20-15-5.1. (a) Revenue bonds issued by the authority shall be paid solely from the property (including, but not limited to, real property, fixtures, personal property, revenues, or other funds) pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds. No revenue bonds shall be issued by the authority under this chapter unless its members adopt a resolution finding that the project or combination of projects for which such bonds are to be issued will be selfliquidating. (b) All revenue bonds shall be authorized by resolution of the authority, adopted by a majority vote of the full membership of the authority at a regular or special meeting. (c) Revenue bonds shall bear such date or dates, shall mature at such time or times (not more than 40 years from their respective dates), shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from time to time), shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the authority authorizing the issuance of such revenue bonds shall bind the members of the authority then in office and their successors. (d) The authority shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this chapter. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) Any limitations with respect to interest rates or any maximum interest rate or rates found in the usury laws of this state or any other laws of this state shall not apply to revenue bonds of the authority. (f) The authority shall not have outstanding at any one time bonds and notes exceeding $300 million; provided, however, that such limitations shall not apply with respect to bonds and notes issued to refund outstanding bonds and notes. 20-15-5.2. (a) Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36. (b) Bonds issued by the authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such 2016 JOURNAL OF THE HOUSE exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (c) Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of Richmond County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. 20-15-5.3. (a) Subject to the limitations and procedures provided by this Code section and by Code Section 20-15-5.2, the agreements or instruments executed by the authority may contain such provisions not inconsistent with law as shall be determined by the members of the authority. (b) The proceeds derived from the sale of all bonds issued by the authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this chapter, all or part the cost of any project, or for the purpose of refunding any bonds or bond anticipation notes issued in accordance with this chapter. (c) Issuance by the authority of one or more series of bonds or bond anticipation notes for one or more projects shall not preclude it from issuing other bonds in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds are issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds on a parity with such prior issue. (d) The authority shall have the power and is authorized, whenever bonds of the authority shall have validated as provided in this chapter, to issue from time to time its notes in anticipation of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether or not the notes to be renewed have matured. The authority may issue such bond anticipation notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. Such notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public sale or at private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority of any issue thereof; and the authority may include in any notes any terms, covenants, or conditions which the authority is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation on which they are to be issued. MONDAY, MARCH 6, 2006 2017 20-15-5.4. The authority may sell its bonds in such manner and for such price as it may determine to be for the best interests of the authority. Whenever the authority shall determine to issue its bonds, it shall request the Georgia State Financing and Investment Commission to approve the bonds and carry out other services for the authority as provided by Article 2 of Chapter 17 of Title 50. 20-15-5.5. 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 chapter. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including combination of, projects at any one unit or any number of units. Any resolution providing for the issuance of revenue bonds under this chapter shall become effective immediately upon its passage and need not be published or posted. Any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its full membership. 20-15-5.6. Revenue bonds issued under this chapter shall not be deemed to constitute a debt of the state or a pledge of the faith and credit of the state, but such bonds shall be payable solely from the property provided for in Code Section 20-15-5.1; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section. 20-15-5.7. The bonds authorized in this chapter are made securities in which all public officers and public bodies of this state and all municipalities and all political subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and public bodies of this state and all municipalities and political subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is authorized." 2018 JOURNAL OF THE HOUSE SECTION 5. Said chapter is further amended by striking Code Section 20-15-6, relating to public purposes and tax exemptions of the authority, and inserting in its place a new Code Section 20-15-6 to read as follows: "20-15-6. 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 powers conferred upon it by this chapter. The State of Georgia covenants with the holders of the bonds 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 facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority, and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state; provided, however, in no event shall the exemptions granted in this Code section extend to any lessee or other private person or entity. The exemption from taxation provided for in this Code section shall include exemptions from sales and use taxes on property purchased by the authority." SECTION 6. Said chapter is further amended by striking Code Section 20-15-7, relating to the status of certain moneys as trust funds, and inserting in its place a new Code Section 20-15-7 to read as follows: "20-15-7. All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter." SECTION 7. Said chapter is further amended by adding a new Code section at the end thereof, to be designated Code Section 20-15-16, to read as follows:. "20-15-16. This chapter shall be deemed to provide an additional and alternative method for the doing of things authorized by this chapter, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing." SECTION 8. All laws and parts of laws in conflict with this Act are repealed. MONDAY, MARCH 6, 2006 2019 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 E Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter E 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 Everson 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 Y Heckstall Y Hembree Henson Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E E Hudson Y Hugley E 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 E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M E Setzler Y Shaw Y Sheldon E 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 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 E Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 2020 JOURNAL OF THE HOUSE Representatives Mitchell of the 88th and Rogers of the 26th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1373. By Representatives Harbin of the 118th, Burkhalter of the 50th and Keen of the 179th: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to financial affairs, and Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to change provisions relating to the state budget process and budgetary information; to repeal the creation of the Budgetary Responsibility Oversight Committee and matters relative thereto; to provide for certain reports with respect to federal funds and other agency funds; to repeal certain duties and responsibilities of the Budgetary Responsibility Oversight Committee; to 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 E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Crawford Y Cummings Y Davis Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E E Hudson Y Hugley E 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 Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Sailor Y Scheid Y Scott, A Y Scott, M E Setzler Y Shaw Y Sheldon E 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 Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker MONDAY, MARCH 6, 2006 2021 E 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 Y Heckstall Y Hembree Y Henson Y Hill, C Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Randall Y Ray Y Reece, B Y Reece, S E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 157, nays 0. The Bill, having received the requisite constitutional majority, was passed. 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. HB 1252. By Representatives Rice of the 51st, Murphy of the 23rd, Talton of the 145th and Dollar of the 45th: A BILL to be entitled an Act to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to driver training schools, so as to provide for relevant definitions; to clarify the qualifications for a limited and temporary driver school permit; to provide qualifications for commercial driver training school operators; to provide standards for business names of driver training schools; 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 Committee substitute was read and adopted: A BILL To amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to driver training schools, so as to provide for relevant definitions; to clarify the qualifications for a limited and temporary driver school permit; to provide qualifications for commercial driver training school operators; to provide standards for business names of driver training schools; 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. 2022 JOURNAL OF THE HOUSE Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to driver training schools, is amended by striking Code Section 43-13-2, relating to definitions relative to driver training schools, in its entirety and inserting in its place the following: "43-13-2. (a) As used in this chapter, the term: (1) 'Commercial driver training school,' except as provided in subsection (b) of this Code section, 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. (2) 'Department' means the Department of Driver Services acting directly or through its duly authorized officers and agents. (3) 'Driver training course' means a course including but not limited to classroom instruction; behind-the-wheel instruction; instruction by means of simulation training; and defensive driving, distance learning, or virtual driver training courses approved by the Department of Driver Services for the purpose of assisting persons to meet the requirements for licensed driving of Class C or Class M motor vehicles in this state. (4) 'Driver training schools school,' except as provided in subsection (b) of this Code section, 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 Driver Services 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) 'Driver's license examiners' means examiners appointed by the Department of Driver Services for the purpose of giving driver's 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) The terms 'commercial driver training school' as defined in paragraph (2) of subsection (a) of this Code section and 'driver training school' as defined in paragraph (4) of subsection (a) of this Code section shall not include: (1) Hospitals and state licensed rehabilitation centers offering a driver training course for the purpose of rehabilitating persons to maintain or obtain a Class C license; provided, however, that such facilities shall be required to file a memorandum of understanding with the commissioner of the Department of Driver Services in the prescribed format of the department; (2) Any person, partnership, limited liability company, or corporation offering a forhire defensive driving safety course for the purpose of providing training to assist MONDAY, MARCH 6, 2006 2023 persons to obtain a Class C or Class M license through means of behind-the-wheel training, simulator training, or offering a defensive driving safety course consisting of less than 30 hours of classroom and six hours of behind-the-wheel training. These entities shall be required to obtain a limited license as a driver training school, register and identify all of its vehicles, and shall become subject to the same insurance requirements for a driver training school as outlined in Code Section 43-13-4. Limited driver training schools offering classroom or simulator training only will not be required to comply with the liability insurance requirements outlined in Code Section 43-13-4. The commissioner of the Department of Driver Services shall promulgate and adopt rules and regulations for the qualifications and establish the application fees for the driver training school limited license. The commissioner shall issue the driver training school limited license if the application is complete and the applicant demonstrates compliance with the laws of this state and the rules and regulations of the commissioner regarding insurance and safety. The driver training school limited license shall be valid for a period of four years; or (3) Any person, partnership, limited liability company, or corporation which offers occasional driver training instruction. These entities may obtain a temporary driver training permit for a period of seven consecutive days beginning and ending on the dates specified on the face of the permit. Temporary driver training permits shall be obtained by schools, individuals, or other entities which offer occasional driver training instruction that do not maintain a permanent classroom located within the state. The fee for each temporary driver training permit shall be $100.00 per week and $25.00 for each vehicle. No temporary driver training permit shall be issued without the commissioner having first received satisfactory proof that the applicant meets the insurance requirements as defined in Code Section 43-13-4 and the vehicle and safety requirements as set forth in the rules and regulations of the commissioner. A temporary driver training permit shall be displayed in a conspicuous location at any time instruction is being given and a copy of such permit shall be located in each vehicle that is registered for the purpose of providing instruction." SECTION 2. Said chapter is further amended by striking Code Section 43-13-3, relating to license requirements for driver training school operators, in its entirety 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 for hire to ten or more persons per calendar year in the driving of motor vehicles or in the preparation of an applicant for examination given by driver's license examiners for a driver's license or permit unless a license, a limited license, or a 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." 2024 JOURNAL OF THE HOUSE SECTION 3. Said chapter is further amended by striking Code Section 43-13-4, relating to qualifications of driver training school operators, in its entirety and inserting in its place the following: "43-13-4. Every person who desires to operate a driver training school or a commercial driver training school shall meet the following requirements: (1) Be of good moral character; (2) Maintain an established place of business in the State of Georgia which is open to the public; (3) Maintain bodily injury and property damage liability insurance on motor vehicles while used in driver training instruction, insuring the liability of the driver training school, the driving instructors, and any person taking instruction, in at least the following amounts: $100,000.00 for bodily injury to or death of one person in any one accident and, subject to such limit for one person, $200,000.00 $300,000.00 for bodily injury to or death of two or more persons in any one accident and the amount of $20,000.00 $50,000.00 for damage to property of others in any one accident. Evidence of such insurance coverage, in the form of a certificate from the insurance carrier, shall be filed with the department; and such certificate shall stipulate that the insurance shall not be canceled except upon ten days prior written notice to the department. Such insurance shall be written by a company authorized to do business in this state; (4) Provide a continuous surety company bond in the principal sum of $2,500.00 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 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; (5) Have the equipment necessary to the giving of proper instruction in the operation of motor vehicles as prescribed by the department; and (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 limited license driver training schools and instructors. The amount of this fee shall be established by the commissioner of driver services and shall, as best as the commissioner shall determine, approximate the expense incurred by the department in consideration of the license applications. These licenses and each renewal thereof MONDAY, MARCH 6, 2006 2025 shall be valid for a period of four years unless suspended or revoked prior to the expiration of that time period." SECTION 4. Said chapter is further amended by striking Code Section 43-13-4.1, relating to business names of driver training schools, in its entirety 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 commercial driver training school." SECTION 5. Said chapter is further amended by striking paragraphs (2) and (5) of Code Section 4313-5, relating to qualifications of driver training school instructors, in their entirety and inserting in their respective places the following: "(2) Present to the department evidence of credit in driver education and safety from an accredited college or university equivalent to credits in those subjects which are required of instructors in the public schools of this state or give satisfactory performance on a written, oral, performance, or combination examination administered by the department testing both knowledge of the field of driver education and skills necessary to instruct and impart driving skills and safety to students. The examination shall be administered quarterly or upon the written application of four or more prospective licensees. The examination fee shall not exceed $25.00 be established by the commissioner of driver services;" "(5) Pay to the department an application fee of $5.00 to be established by the commissioner of driver services." SECTION 6. This Act shall become effective on July 1, 2006. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: 2026 JOURNAL OF THE HOUSE Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B 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 Everson 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 Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E E Hudson Y Hugley E 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 Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 E Setzler Y Shaw Y Sheldon E 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 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, by substitute, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. HB 1404. By Representatives McCall of the 30th, Roberts of the 154th and Crawford of the 127th: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to farmers markets, so as to MONDAY, MARCH 6, 2006 2027 change certain provisions relating to authority of the Commissioner of Agriculture to provide for safety and security at farmers markets; to provide for law enforcement on the premises of farmers markets; 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 E Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings N Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson 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 Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E E Hudson Y Hugley E 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 N Loudermilk Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 Rogers Y Royal Y Rynders Sailor Y Scheid Y Scott, A Y Scott, M E Setzler Y Shaw Y Sheldon E Sims, C Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Smith, V Y Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E E Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 149, nays 4. The Bill, having received the requisite constitutional majority, was passed. 2028 JOURNAL OF THE HOUSE 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. Representative May of the 111th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. HB 1092. By Representatives Manning of the 32nd, Stephens of the 164th, Cooper of the 41st, Brown of the 69th, Buckner of the 130th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to provide for legislative findings; to provide for the creation of the Suicide Prevention Program; to provide for the duties and powers related to the program; to provide for staff for the program; 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 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to provide for legislative findings; to provide for the creation of the Suicide Prevention Program; to provide for the duties and powers related to the program; to provide for staff for the program; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by adding a new Code section to the end of such chapter to read as follows: "31-2-9. (a) The General Assembly makes the following findings: (1) Every year in Georgia, approximately 850 people die from suicide; (2) More Georgians die from suicide than from homicide; (3) More teenagers and young adults die from suicide than from cancer, heart disease, AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung disease combined; (4) Many who attempt suicide do not seek professional help after the attempt; (5) In Georgia, three out of four suicide deaths involve a firearm; (6) Factors such as aging, drug and alcohol abuse, unemployment, mental illness, isolation, and bullying in school contribute to causes of suicide; and MONDAY, MARCH 6, 2006 2029 (7) Education is necessary to inform the public about the causes of suicide and the early intervention programs that are available. (b) There is created the Suicide Prevention Program to be managed by the injury prevention section of the Division of Public Health of the Department of Human Resources. (c) The injury prevention section, in implementing the Suicide Prevention Program, shall: (1) Establish a link between state agencies and offices, including but not limited to the department's Division of Aging Services, Division of Family and Children Services, and Division of Mental Health, Developmental Disabilities, and Addictive Diseases, local government agencies, health care providers, hospitals, nursing homes, and jails to collect data on suicide deaths and attempted suicides; (2) Work with public officials to improve firearm safety; (3) Improve education for nurses, judges, physician assistants, social workers, psychologists, and other counselors with regard to suicide education and prevention and expand educational resources for professionals working with those persons most at risk of suicide; (4) Provide training and minimal screening tools for clergy, teachers and other educational staff, and correctional workers on how to identify and respond to persons at risk of suicide; (5) Provide educational programs for family members of persons at an elevated risk of suicide; (6) Develop standardized protocols to be used by the Department of Human Resources in reviewing suicide death scene investigations; (7) Work to increase the number of follow-back studies of suicides; (8) Work to increase the number of hospitals that code for external cause of injuries; (9) Implement a state-wide reporting system for reporting suicides; (10) Support pilot projects to link and analyze information on self-destructive behavior from various, distinct data systems; and (11) Perform such other tasks as deemed appropriate to further suicide education and prevention in Georgia. (d) The Suicide Prevention Program shall be provided staff to consist of a full-time coordinator, half-time data analyst/epidemiologist, and administrative support, all subject to available funding." 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. 2030 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 E Anderson Y Ashe Y Barnard E Barnes N Bearden Y Beasley-Teague Y Benfield N Benton N Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns N Butler N Byrd Y Carter E 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 N Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps N Everson Y Fleming Y Floyd, H Y Floyd, J Fludd 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 Y Hill, C Y Hill, C.A Y Holmes N Holt N Horne Y Houston Howard, E E Hudson Y Hugley E 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 N Lakly Y Lane, B Y Lane, R Y Lewis E Lindsey Y Lord N Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell N May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y 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 Y Randall Ray Y Reece, B Y Reece, S E Reese Y Rice N Roberts Y Rogers Y Royal N Rynders Y Sailor Y Scheid Y Scott, A N Scott, M E Setzler Y Shaw Y Sheldon E 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 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 N Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 136, nays 21. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Jones of the 46th and Mitchell of the 88th 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. MONDAY, MARCH 6, 2006 2031 HB 1380. By Representatives Graves of the 12th, McCall of the 30th, Roberts of the 154th, Ray of the 136th, Black of the 174th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to redefine a term; to provide certain exemptions from laws relating to adulteration and misbranding of food; to provide certain exemptions from laws relating to food service establishments; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to redefine a term; to provide certain exemptions from laws relating to adulteration and misbranding of food; to provide certain exemptions from laws relating to food service establishments; 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 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, is amended in Code Section 26-2-21, relating to definitions relative to said article, by striking paragraph (5) of subsection (a), and inserting in lieu thereof the following: "(5) 'Food sales establishment' means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food processing plants which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores or roadside stands; wholesale sandwich and salad manufacturers, including vending machines and operations connected therewith; and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises; provided, however, that such term shall not include roadside stands where farm or garden produce is sold. Within a food sales establishment, there may be a food service component, not separately operated, which may serve customers on site. This food service component shall be considered as part of the food sales establishment. The food sales component of any food service establishment defined in Code Section 26-2-370 shall not be included in this definition. This term shall not include 'food service establishments' as defined in Code Section 26-2-370. This term also shall not include establishments engaged in the sale 2032 JOURNAL OF THE HOUSE of food primarily for consumption off the premises if such sale is an authorized part of and occurs upon the site of a fair or festival which: (A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2; (B) Lasts 120 hours or less; and (C) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted." SECTION 2. Said article is further amended by adding a new Code section to read as follows: "26-2-25.1. The provisions of Code Section 26-2-25 shall not apply to any: (1) Person not regularly engaged in the business of manufacturing and selling food and who prepares food only on order of and for sale directly to the ultimate consumer; (2) Educational, charitable, or religious organization not regularly engaged in the business of manufacturing, processing, or selling food; (3) Individual who prepares and sells food that is not potentially hazardous food at a community event or farmers market, other than a state farmers market, with gross receipts of $7,500.00 or less in a calendar year from the prepared food items, subject to the following requirements: (A) The seller shall display prominently at the point of sale a clearly legible sign or placard stating, 'These products are homemade and not subject to state inspection,' unless the food items were prepared in a kitchen that is licensed and inspected; and (B) Prepared foods sold under this paragraph shall be labeled to accurately reflect the name and address of the person preparing and selling the foods; or (4) Person who receives less than $7,500.00 in gross receipts in a calendar year from the sale of home-processed and home-canned food products if: (A) The products are: (i) Pickles, vegetables, or fruits having an equilibrium pH value of 4.6 or lower; (ii) Products such as cakes, fruit pies, breads, rolls, jams, jellies, and honey; or (iii) Home-processed and home-canned in this state; (B) The products are sold or offered for sale at a community or social event or a farmers market in this state, other than a state farmers market; (C) The seller displays prominently at the point of sale a clearly legible sign or placard stating, 'These canned goods are homemade and not subject to state inspection,' unless the products were processed and canned in a kitchen that is licensed and inspected; and (D) Each container of the product sold or offered for sale under this paragraph is accurately labeled to provide the name and address of the person who processed and canned the goods and the date on which the goods were processed and canned." MONDAY, MARCH 6, 2006 2033 SECTION 3. Said article is further amended by adding a new Code section to read as follows: "26-2-32.1. (a) It shall be unlawful for any person or firm to advertise for sale any shelled pecans that are less than whole on any outdoor advertising as such term is defined in Code Section 32-6-71 unless such outdoor advertising states, in letters at least one-half as tall and bold as the tallest and boldest type on the outdoor advertising, the size category of shelled pecan materials being offered for sale, such as but not limited to pecan halves, granules, meal, or any combination thereof. (b) Violation of subsection (a) of this Code section shall constitute dissemination of a false advertisement for purposes of Code Section 26-2-22. Each day that an outdoor advertisement does not conform to the requirements of subsection (a) of this Code section shall constitute a separate offense." SECTION 4. Article 13 of Chapter 2 of Title 26, relating to food service establishments, is amended by adding a new Code section to read as follows: "26-2-379. This article shall not apply to any: (1) Person not regularly engaged in the business of manufacturing and selling food and who prepares food only on order of and for sale directly to the ultimate consumer; (2) Educational, charitable, or religious organization not regularly engaged in the business of manufacturing, processing, or selling food; (3) Individual who prepares and sells food that is not potentially hazardous food at a community event or farmers market, other than a state farmers market, with gross receipts of $7,500.00 or less in a calendar year from the prepared food items, subject to the following requirements: (A) The seller shall display prominently at the point of sale a clearly legible sign or placard stating, 'These canned goods are homemade and not subject to state inspection,' unless the food items were prepared in a kitchen that is licensed and inspected; and (B) Prepared foods sold under this paragraph shall be labeled to accurately reflect the name and address of the person preparing and selling the foods; or (4) Person who receives less than $7,500.00 in gross receipts in a calendar year from the sale of home-processed and home-canned food products if: (A) The products are: (i) Pickles, vegetables, or fruits having an equilibrium pH value of 4.6 or lower; (ii) Products such as cakes, fruit pies, breads, rolls, jams, jellies, and honey; or (iii) Home-processed and home-canned in this state; (B) The products are sold or offered for sale at a community or social event or a farmers market in this state, other than a state farmers market; (C) The seller displays prominently at the point of sale a clearly legible sign or placard stating, 'These canned goods are homemade and not subject to state 2034 JOURNAL OF THE HOUSE inspection,' unless the products were processed and canned in a kitchen that is licensed and inspected; and (D) Each container of the product sold or offered for sale under this paragraph is accurately labeled to provide the name and address of the person who processed and canned the goods and the date on which the goods were processed and canned." SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Black of the 174th, McCall of the 30th, and Graves of the 12th move to amend the Committee substitute to HB 1380 by striking line 20 of page 2 and inserting in lieu thereof the following: receipts of $7,500.00 or less in a calendar year from all goods sold at retail, including but not limited to the prepared food items, subject to By striking lines 27 and 28 of page 2 and inserting in lieu thereof the following: (4) Person who receives less than $7,500.00 in gross receipts in a calendar year from all goods sold at retail, including but not limited to the sale of home-processed and home-canned food products, if: By striking line 31 of page 3 and inserting in lieu thereof the following: receipts of $7,500.00 or less in a calendar year from all goods sold at retail, including but not limited to the prepared food items, subject to By striking lines 3 and 4 of page 4 and inserting in lieu thereof the following: (4) Person who receives less than $7,500.00 in gross receipts in a calendar year from all goods sold at retail, including but not limited to the sale of home-processed and home-canned food products, if:. 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 E Anderson N Crawford Y Cummings Y Davis Y Hill, C.A N Holmes Y Holt Martin Y Maxwell Y May Sailor Y Scheid Y Scott, A MONDAY, MARCH 6, 2006 2035 N Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield N Benton Y Black N Bordeaux E Borders Y Bridges Y Brooks Y Brown N Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter E 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 Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Horne Houston N Howard, E E Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson 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 E Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell N Morgan Y Morris Y Mosby N Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray N Reece, B Y Reece, S E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, M E Setzler Y Shaw Y Sheldon E 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 Stephens Y Stephenson Y Talton Y Teilhet N Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard N Williams, A N Williams, E E Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 138, nays 18. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representatives Abdul-Salaam of the 74th and Jones of the 46th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1364. By Representatives Sheldon of the 105th, Walker of the 107th, Cox of the 102nd, Graves of the 137th and Carter of the 159th: A BILL to be entitled an Act to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide for assistance in matters relating to the medicare prescription drug insurance plan; to provide a short title; to provide for legislative findings; to provide for 2036 JOURNAL OF THE HOUSE definitions; 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 E Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B 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 Everson 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 Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Houston Y Howard, E E Hudson Y Hugley E 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 E 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 E Millar 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 Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S E Reese Y Rice Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M E Setzler Y Shaw Y Sheldon E 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 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 152, nays 1. The Bill, having received the requisite constitutional majority, was passed. MONDAY, MARCH 6, 2006 2037 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 1224. By Representatives Channell of the 116th, Cooper of the 41st, Brown of the 69th, Sheldon of the 105th and Manning of the 32nd: A BILL to be entitled an Act to amend Code Section 31-8-192 of the Official Code of Georgia Annotated, relating to the definitions relative to the "'Health Share' Volunteers in Medicine Act"; so as to revise the definitions of "lowincome" and "volunteer"; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 31-8-192 of the Official Code of Georgia Annotated, relating to the definitions relative to the "'Health Share' Volunteers in Medicine Act"; so as to revise the definitions of "low-income" and "volunteer"; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 31-8-192 of the Official Code of Georgia Annotated, relating to the definitions relative to the "'Health Share' Volunteers in Medicine Act", is amended by striking paragraphs (5) and (8) and inserting in their respective places the following: "(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 2038 JOURNAL OF THE HOUSE (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 whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget." "(8) 'Volunteer' means any person who, of his or her own free will, provides goods or services and in support of or in assistance to the program of health care services provided pursuant to this article to any governmental contractor, provides goods or clerical services, computer services, or administrative support services, with no or without monetary or material compensation. This term shall not include a health care provider." SECTION 2. This Act shall become effective on July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. 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 E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns 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 Everson Y Fleming Y Floyd, H Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Hill, C.A Y Holmes Y Holt Y Horne Houston Y Howard, E E Hudson Y Hugley E 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 Martin Y Maxwell Y May McCall E McClinton Y Meadows E Millar 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 Sailor Y Scheid Y Scott, A Y Scott, M E Setzler Y Shaw Y Sheldon E 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 Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M MONDAY, MARCH 6, 2006 2039 Y Butler Y Byrd Y Carter E 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 Y Heckstall Y Hembree Henson Y Hill, C Lakly Y Lane, B Y Lane, R Y Lewis E Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Porter Y Powell Y Ralston Y Randall Ray Y Reece, B Y Reece, S E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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 1075. By Representative Parham of the 141st: A BILL to be entitled an Act to amend Code Section 43-47-8 of the Official Code of Georgia Annotated, relating to license applications filed with the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, so as to increase the amount of the bond for used motor vehicle dealers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 43-47-8 of the Official Code of Georgia Annotated, relating to license applications filed with the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, so as to increase the amount of the bond for used motor vehicle dealers; 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. 2040 JOURNAL OF THE HOUSE Code Section 43-47-8 of the Official Code of Georgia Annotated, relating to license applications filed with the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, is amended by striking subsection (h) in its entirety and substituting in its place the following: "(h) The bond shall be in the amount of $20,000.00 $35,000.00 for used car dealers and $10,000.00 for used parts dealers and shall be filed, immediately upon the granting of the license, with the division director by the licensee and shall be approved by the division director as to form and as to the solvency of the surety. The prospective licensee may file the required bond with the division director for the division director's approval prior to the granting of a license." SECTION 2. This Act shall become effective on January 1, 2007, and be applicable to bond renewals on or after that date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd 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 Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Houston Y Howard, E E Hudson Y Hugley E 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 Martin Y Maxwell Y May McCall E McClinton Y Meadows E Millar 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 Sailor Y Scheid Y Scott, A Y Scott, M E Setzler Y Shaw Y Sheldon E 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 Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin MONDAY, MARCH 6, 2006 2041 Y Carter E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox 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 Lane, R Y Lewis E Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Ralston Y Randall Y Ray Reece, B Y Reece, S E Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders 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 154, nays 1. 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. HR 413. By Representative Hanner of the 148th: A RESOLUTION dedicating the bridge on SR 45 that spans the Kinchafoonee Creek in Webster County as the Warren V. Johnson Bridge; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION To dedicate certain portions of the state highway system; and for other purposes. PART I WHEREAS, the Johnson family of Webster County has owned land and resided in the area of Kinchafoonee Creek in Webster County for almost a century; and WHEREAS, when SR 45 was constructed, the Johnson family gave the state approximately two miles of right of way so that the state could build the road; and WHEREAS, dedicating the bridge on SR 45 that spans the Kinchafoonee Creek in Webster County in honor of Warren V. Johnson will recognize the contribution made by this family to the state and the significance of this family in the life of its community. 2042 JOURNAL OF THE HOUSE PART II WHEREAS, Harry H. Eason was born on August 15, 1915, and he spent his career as a superintendent for H.G. Smith Construction Company building bridges throughout south Georgia; and WHEREAS, in 1956, he moved his family to Tifton, where his company had been awarded the contract to construct bridges for Interstate Highway 75 from Tifton to Ashburn, and Mr. Eason was assigned the task of supervising the construction of those bridges; and WHEREAS, he was known to work as hard as any of his crew in the construction project and each of the bridges was constructed on time and the work was approved without correction; and WHEREAS, many of the bridges he built were of a complicated design which were even more difficult to construct in the days before computers; and WHEREAS, it is only fitting that a bridge be named for such a renowned bridge builder as Mr. Harry H. Eason. PART III WHEREAS, on a day in the 1880s, at least 15 years before the Wright Brothers' famous flight at Kitty Hawk, North Carolina, Micajah Clark Dyer rode his "apparatus for navigating the air" -- the term airplane would not be coined for decades -- down a slip on Rattlesnake Mountain in Union County, Georgia, and flew low over a meadow on his farm in the Choestoe community near Blairsville; and WHEREAS, Mr. Dyer, who was born in South Carolina on July 23, 1822, and who farmed in Union County, Georgia, to support his large family, received his only formal education in a one-room school, but despite this limitation developed a reputation as a true genius because of his many inventions; and WHEREAS, most of Mr. Dyer's inventions have been lost in the veil of time, but it is known that he equipped his house with running water, built an efficient water-powered grist mill, and invented a "perpetual motion" machine that could power devices; but his most famous invention was his flying machine, for which he was awarded a patent in September, 1874, and which he continued to improve and refine until his death on January 26, 1891; and WHEREAS, stories of his flying machine were kept alive through Dyer family oral tradition until 2004, when, thanks to the modern invention of the Internet, family members were able to identify the 1874 patent and obtain a copy, proof that the machine had, in fact, been built and that sophisticated plans had been filed with the United States MONDAY, MARCH 6, 2006 2043 Patent Office, although the flight from Rattlesnake Mountain over the meadow remains unverified local lore; and WHEREAS, although the flying machine invented in the remote North Georgia mountains never made it into the history books, family history indicates that Mr. Dyer's widow, Morena Owenby Dyer, sold the machine and plans to the Redwine Brothers in Atlanta, who, in turn, sold them to the Wright Brothers of Ohio, so it is probable that Micajah Clark Dyer did, indirectly, contribute to the first human flight. PART IV NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on SR 45 that spans the Kinchafoonee Creek in Webster County is dedicated as the Warren V. Johnson Bridge, and the Department of Transportation is authorized and directed to erect and maintain appropriate signs to identifying the bridge. BE IT FURTHER RESOLVED that the bridge on Chula Brookfield Road over Interstate Highway 75 in Turner County, Georgia, is hereby dedicated as the Harry H. Eason Bridge in honor of this distinguished Georgian, and the Department of Transportation is authorized and directed to erect and maintain appropriate signs so dedicating the bridge. BE IT FURTHER RESOLVED that the portion of Georgia Highway 180 in Union County from the intersection with US Highway 129 to the Towns County line be dedicated the Micajah Clark Dyer Parkway, and the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Micajah Clark Dyer Parkway. 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 Department of Transportation, Warren V. Johnson, Harry H. Eason, and the family of Micajah Clark Dyer. 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 Y Ashe Y Barnard E Barnes Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Hill, C.A Y Holmes Y Holt Y Horne Houston Y Howard, E Martin Y Maxwell Y May McCall E McClinton Y Meadows Y Sailor Y Scheid Y Scott, A Y Scott, M E Setzler Y Shaw 2044 JOURNAL OF THE HOUSE Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter E Casas Y Chambers Y Channell Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Y Henson Y Hill, C E Hudson Y Hugley E 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 E Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin E Millar 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 E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sheldon E 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 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 adoption of the Resolution, by substitute, the ayes were 155, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, 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. HR 1302. By Representatives Jacobs of the 80th and Millar of the 79th: A RESOLUTION honoring the life and accomplishments of Stephen J. Schmidt, Sr., and dedicating the Stephen J. Schmidt, Sr., Memorial Highway; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION MONDAY, MARCH 6, 2006 2045 To dedicate certain portions of the state highway system; to provide for related matters; to repeal conflicting laws; and for other purposes. PART I WHEREAS, news of the passing of Stephen J. Schmidt, Sr., was received by members of the Oglethorpe University community with much sorrow; and WHEREAS, during World War II he was a B-29 pilot in the Pacific theater where he flew 15 missions and named his plane the "Stormy Petrel"; and WHEREAS, he owned Dixie Seal & Stamp Company; was a stockholder in the Atlanta Crackers and a founding member of the Braves 400 Club; and was inducted into the Georgia Sports Hall of Fame in 1992; and WHEREAS, he was a member of the Oglethorpe University class of 1940 and was a loyal alumnus, Trustee Emeritus, and true friend to the Oglethorpe University Community; and WHEREAS, he and his wife, Jeanne Fuller Schmidt, class of 1942, had been an integral part of the university for over 65 years; and WHEREAS, Steve became an Oglethorpe Trustee in 1963 and served as chair from 1970 until 1989, and he was awarded an honorary doctorate in 1986; and WHEREAS, visible reminders of the Schmidt family's great contributions to Oglethorpe University include the Schmidt Residence Hall, the Schmidt Center, and the Schmidt Endowed Scholarship; and WHEREAS, Stephen J. Schmidt, Sr., was known as "Mr. Oglethorpe" and it is only fitting and proper that this man of vision and significance be honored by dedicating a portion of the highway bordering his beloved university in his honor. PART II WHEREAS, James M. Cannon, Sr., served with dedication on the City Council of Leesburg, Georgia, for many years; and WHEREAS, he was a member of the Board of Directors of First State Bank of Leesburg; and WHEREAS, he was a sheriff's deputy for many years when he was a younger man in Lee County, Georgia; and 2046 JOURNAL OF THE HOUSE WHEREAS, James M. Cannon, Sr., owned and operated a service station in the City of Leesburg for many years; and WHEREAS, his family owned and operated a peanut mill in Leesburg for many years; and WHEREAS, he was raised in Leesburg and lived in Leesburg his entire life; and WHEREAS, the current U.S. Highway 19 Bypass is constructed on a portion of James M. Cannon, Sr.'s, father's farm; and WHEREAS, James M. Cannon, Sr., was a dedicated family man, church man, councilman, businessman, and friend to the City of Leesburg and it is only fitting that the U.S. Highway 19 Bypass be named in his memory. PART III WHEREAS, Henry L. Howard was one of the best known and most respected businessmen and elected officials in the City of Augusta; and WHEREAS, he was elected to the Richmond County Board of Commissioners in 1985 and served as the chairman in 1987; and WHEREAS, he implemented the Richmond County Employee Incentive Program and the observance of the Martin Luther King, Jr. Day for county employees; and WHEREAS, Henry L. Howard was elected to the Georgia State Legislature in 1990 and served through 2005; and WHEREAS, he was the recipient of honors which included the appointment by Governor Joe Frank Harris as Lieutenant Colonel, Aide de Camp Governor's Staff in 1985, "Advocate of the Year Award" presented by the CSRA Business League in 1987, the "Outstanding Citizen's Award" presented by the Georgia Association of Beauty Culturist in 1987, and the award for the "Regional Minority Advocate of the Year" by the Minority Business Development Agency; and WHEREAS, Henry L. Howard was a legend that has left us with an example of a life well lived as a public servant and it is only fitting that an important highway interchange should be named in his honor. PART IV WHEREAS, in 1956 the Georgia Department of Transportation hired a 25 year-old man named Theodore S. McKenzie; and MONDAY, MARCH 6, 2006 2047 WHEREAS, this young man began as a project engineer trainee and ended up, 30 years later, retiring from the Georgia Department of Transportation with honors, receiving numerous plaques and declarations of commendation; and WHEREAS, Ted McKenzie, after his retirement from the Georgia Department of Transportation, continued to work as a member of advisory teams representing the United States Federal Highway Administration, the United States Department of Transportation, and the United Nations, providing technical assistance to the highway departments in a number of countries around the world; and WHEREAS, Ted McKenzie has not only served his country and the State of Georgia but has specifically served Glynn County in many ways, including, for example, acting in direct charge of numerous grading, base, and paving projects as well as overseeing bridge projects over the Turtle River and the South Brunswick River Basin, in which the foundations included the first 54" arid 36" diameter cylindrical pile ever used in Georgia. PART V WHEREAS, Mr. Jack Wingate has lived a life most people can only dream of, making a living in the sport he dearly loves, as fishing guide; and WHEREAS, since 1957, he has owned and operated a fish camp located on Lake Seminole, a camp which has gained national recognition among the best fishermen in the country as "Lunker Lodge," so named because of the phenomenal successes they have recognized during their stays there, thanks in part to Mr. Wingate's legendary abilities as a guide; and WHEREAS, Mr. Wingate has almost singlehandedly been responsible for garnering for Lake Seminole a national reputation as one of the country's premier fishing and hunting locations, and as a result, thousands of sportsmen visit Georgia each year to fish and hunt at Lake Seminole, contributing greatly to the state and local economy; and WHEREAS, he has always been eager to use his tremendous talent as a fishing guide to help others, and he established a camp for young people which over the past 26 years has given hundreds of Georgia's youth a quality fishing experience and has started many on a lifetime of enjoying the sport; and WHEREAS, in recognition of his ability and his service to his fellow citizens, Mr. Wingate has been inducted into the National Freshwater Fishing Hall of Fame as a Legendary Guide. PART VI NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that that portion of SR 141 from its intersection with Hermance Drive to its 2048 JOURNAL OF THE HOUSE intersection with Lanier Drive in DeKalb County is dedicated as the Stephen J. Schmidt, Sr., Memorial Highway. BE IT FURTHER RESOLVED that the Leesburg U.S. Highway 19 Bypass is dedicated as the James M. Cannon, Sr., Memorial Bypass. BE IT FURTHER RESOLVED that the interchange at Dean's Bridge Road and the Bobby Jones Expressway (I-520) in Augusta/Richmond County is dedicated as the Henry L. Howard Memorial Interchange. BE IT FURTHER RESOLVED that the Interchange of I-95 and U.S. Highway 341 in Glynn County is dedicated as the Ted McKenzie Interchange. BE IT FURTHER RESOLVED that the portion of State Road 97 in Decatur County from the U.S. Highway 84 bypass southward to the Florida state line is dedicated as the Jack Wingate Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain signs identifying the highway facilities dedicated in this resolution. 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, Jeanne Fuller Schmidt, the family of James M. Cannon, Sr., the family of Henry L. Howard, Mr. Theodore S. McKenzie, and Mr. Jack Wingate. 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 Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y 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 Everson Y Fleming Y Floyd, H Y Hill, C.A Y Holmes Y Holt Y Horne Houston Y Howard, E E Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Martin Y Maxwell Y May McCall E McClinton Y Meadows E Millar 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 E Setzler Y Shaw Y Sheldon E 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 MONDAY, MARCH 6, 2006 2049 Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C 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 E Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 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 Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolution, by substitute, the ayes were 158, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, 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. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary Non-Civil and referred to the Committee on Game, Fish, & Parks: HB 1490. By Representatives Burns of the 157th, Lane of the 158th and Jenkins of the 8th: A BILL to be entitled an Act to amend Code Section 12-3-10 of the O.C.G.A., relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally, so as to change certain provisions relating to prohibitions against having or using certain boats on state park lakes; to amend Code Section 16-9-70 of the O.C.G.A., relating to criminal use of an article with an altered identification mark, so as to include vessels within the applicability of said Code section; to amend Chapter 7 of Title 52 of the O.C.G.A., relating to the registration, operation, and sale of watercraft, so as to change certain provisions relating to definitions; to change certain 2050 JOURNAL OF THE HOUSE provisions relating to requirement as to numbering of vessels; to provide for forfeiture proceedings; to provide penalties for violations; to provide for an effective date; to repeal conflicting laws; and for other purposes. By unanimous consent, the following Resolutions of the House were withdrawn from the Committee on Health & Human Services and referred to the Committee on Appropriations: HR 1663. By Representatives Sheldon of the 105th, Brown of the 69th, Manning of the 32nd, Cox of the 102nd, Graves of the 137th and others: A RESOLUTION creating the House Study Committee on Public Health; and for other purposes. HR 1664. By Representatives Sheldon of the 105th, Brown of the 69th, Manning of the 32nd, Cox of the 102nd, Graves of the 137th and others: A RESOLUTION creating the Joint Study Committee on Public Health; and for other purposes. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Judiciary: HB 1313. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others: A BILL to be entitled an Act to amend Title 8 of the O.C.G.A., relating to buildings and housing, Title 22 of the O.C.G.A., relating to eminent domain, and Title 36 of the O.C.G.A., relating to local government, so as to provide for the comprehensive revision of provisions regarding eminent domain; to provide for a short title; to change certain provisions regarding a housing authority's eminent domain power; to change certain language relating to blighted areas; to provide for a new definition of blighted areas; to change certain provisions regarding housing authorities power of eminent domain; to amend Chapter 3 of Title 23 of the O.C.G.A., relating to equitable remedies and proceedings, so as to grant standing to municipalities and counties to seek certain equitable remedies and proceedings; to repeal conflicting laws; 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: MONDAY, MARCH 6, 2006 2051 Your Committee on Health and Human Services has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 873 Do Pass, by Substitute HB 907 Do Pass, by Substitute HB 1008 Do Pass, by Substitute HB 1191 Do Pass, by Substitute HR 1341 Do Pass, by Substitute Respectfully submitted, /s/ Cooper of the 41st 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 1460 Do Pass The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1460. By Representatives Jones of the 44th, Sinkfield of the 60th, Stephenson of the 92nd, Mitchell of the 88th and Brooks of the 63rd: A RESOLUTION honoring Delta Sigma Theta Sorority, Inc.; declaring March 6, 2006, as Delta Sigma Theta Day; inviting representatives of the sorority to appear before this body; and for other purposes. The following Resolutions of the House were read and adopted: HR 1668. By Representative Day of the 163rd: A RESOLUTION recognizing Clark Creative and Cari Clark; and for other purposes. HR 1669. By Representative Day of the 163rd: A RESOLUTION recognizing Old Savannah Tours and Will Green; and for other purposes. HR 1670. By Representatives Fludd of the 66th, Watson of the 91st, Randall of the 138th, Mosby of the 90th, Brooks of the 63rd and others: 2052 JOURNAL OF THE HOUSE A RESOLUTION commending the Association of Black Cardiologists; and for other purposes. HR 1671. By Representatives Day of the 163rd, Neal of the 1st, Keen of the 179th, Loudermilk of the 14th, Davis of the 109th and others: A RESOLUTION commending E. Lanier "Lanny" Finch; and for other purposes. HR 1672. By Representative Day of the 163rd: A RESOLUTION recognizing Edwin Rothschild Byck; and for other purposes. HR 1673. By Representative Day of the 163rd: A RESOLUTION recognizing Precision Performance Motorcycles and Anthony Fregenti; and for other purposes. HR 1674. By Representative Mills of the 25th: A RESOLUTION commending the West Hall High School wrestling team; and for other purposes. HR 1675. By Representatives Buckner of the 130th and Smith of the 129th: A RESOLUTION recognizing Ranger First Class (RFC) Mitchell N. Oliver; and for other purposes. HR 1676. By Representative Porter of the 143rd: A RESOLUTION commending Ms. Myrna May White and congratulating her on being named the director of the Office of Public Affairs for the Department of Aviation at Hartsfield-Jackson Atlanta International Airport; and for other purposes. HR 1677. By Representatives Cummings of the 16th, Powell of the 29th and Benton of the 31st: A RESOLUTION recognizing the month of May, 2006, as "Motorcycle Awareness and You Month" in Georgia; and for other purposes. MONDAY, MARCH 6, 2006 2053 HR 1678. By Representative Day of the 163rd: A RESOLUTION recognizing Mr. Jim Hicks; and for other purposes. HR 1679. By Representative May of the 111th: A RESOLUTION commending Dr. Jimmy C. Stokes; and for other purposes. HR 1680. By Representatives Thomas of the 55th, Williams of the 165th, BeasleyTeague of the 65th, Dean of the 59th, Sinkfield of the 60th and others: A RESOLUTION commending Empress Itege Menen Asfaw and proclaiming March 25, 2006 as Empress Itege Asfaw Day; and for other purposes. HR 1681. By Representative Warren of the 122nd: A RESOLUTION recognizing A. Frank Williams for his contributions to the City of Hephzibah, Georgia; and for other purposes. HR 1682. By Representative Ehrhart of the 36th: A RESOLUTION recognizing Harrison High School's Advanced Placement Certified School status; and for other purposes. HR 1683. By Representatives Maxwell of the 17th, Mills of the 25th, Cox of the 102nd, Meadows of the 5th, Houston of the 170th and others: A RESOLUTION commending the United Mitochondrial Disease Foundation; and for other purposes. HR 1684. By Representative Ehrhart of the 36th: A RESOLUTION commending public health nurses; and for other purposes. HR 1685. By Representative Cox of the 102nd: A RESOLUTION commending the Parkview High School swim and dive team; and for other purposes. HR 1686. By Representative Ehrhart of the 36th: A RESOLUTION commending Mr. Billy Tauzin; and for other purposes. 2054 JOURNAL OF THE HOUSE HR 1687. By Representative Bearden of the 68th: A RESOLUTION commending the Plantation Women's Club of Fairfield; and for other purposes. HR 1688. By Representative Bearden of the 68th: A RESOLUTION expressing regret at the passing of Clyde C. Jones; and for other purposes. HR 1689. By Representatives Henson of the 87th, Jennings of the 82nd, Oliver of the 83rd, Watson of the 91st and Drenner of the 86th: A RESOLUTION congratulating Major C. R. (Rodney) Maddox on the occasion of his retirement; and for other purposes. HR 1690. By Representatives Henson of the 87th, Jennings of the 82nd, Oliver of the 83rd, Watson of the 91st and Drenner of the 86th: A RESOLUTION commending Lee Hagan on becoming an Eagle Scout; and for other purposes. HR 1691. By Representatives Cummings of the 16th and Richardson of the 19th: A RESOLUTION commending Dr. Ralph D. King; and for other purposes. Representative Harbin of the 118th District, Chairman of the Committee on Appropriations, submitted the following report: Mr. Speaker: Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1027 Do Pass, by Substitute Respectfully submitted, /s/ Harbin of the 118th Chairman The Speaker announced the House in recess until 6:00 o'clock, 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 o'clock, A.M., Wednesday, March 8, 2006. JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA AT THE REGULAR SESSION Commenced at Atlanta, Monday, January 9, 2006 and adjourned Thursday, March 30, 2006 VOLUME II 2006 Atlanta, Ga. Printed on Recycled Paper WEDNESDAY, MARCH 8, 2006 2059 Representative Hall, Atlanta, Georgia Wednesday, March 8, 2006 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 E Anderson Ashe Barnard E Barnes Bearden Beasley-Teague Benton E Borders Brooks Bruce Bryant Buckner, D Buckner, G Burns Byrd Carter Casas Chambers Channell Cheokas Cole Cox Crawford Cummings Davis Dickson Dodson Drenner England Everson Fleming Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger Graves, D Graves, T Greene Harbin Hatfield Heard, J Heard, K Hembree Henson Hill, C Hill, C.A Holt Horne Houston Howard, E Hudson Hugley Jamieson Jenkins Jennings Jones, S Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lunsford Maddox Manning Marin Martin May E McClinton Meadows E Millar Mills Mitchell Morgan Mosby Mosley Mumford Murphy, J Murphy, Q Neal O'Neal Parham Parrish Parsons Porter Randall Ray Reece, B Reece, S Reese Rice Royal Rynders Scheid Scott, A Scott, M Setzler Shaw Sheldon Sims, F Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Stephens Talton Teilhet Thomas, A.M 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 Benfield of the 85th, Black of the 174th, Brown of the 69th, Burkhalter of the 50th, Burmeister of the 119th, Coan of the 101st, Coleman of the 144th, Coleman of the 97th, Dollar of the 45th, Dukes of the 150th, Hanner of the 148th, James of the 135th, Jordan of the 77th, Lucas of the 139th, Mangham of the 94th, Maxwell of the 17th, McCall of the 30th, Morris of the 155th, Oliver of the 83rd, Powell of the 29th, Ralston of the 7th, Roberts of the 154th, Rogers of the 26th, Sailor of the 93rd, Sinkfield of the 60th, Smyre of 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. 2060 JOURNAL OF THE HOUSE Prayer was offered by Pastor Keith Young, Vision for Souls, Mableton, 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 1556. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide for certain definitions; to provide for the assessment of certain storage charges on certain manufactured or mobile homes by landlords; to provide for the establishment of a lien on manufactured or mobile homes for certain storage costs; to provide for certain notices; to provide for remedies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. WEDNESDAY, MARCH 8, 2006 2061 HB 1557. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend an Act to re-create and reincorporate the City of Collins, approved April 17, 1975 (Ga. L. 1975, p. 3792), so as to repeal a provision relating to limitations on terms of service; to provide for other matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1558. By Representative Burns of the 157th: A BILL to be entitled an Act to amend an Act to incorporate and to grant a new charter to the City of Sylvania, approved March 1, 1963 (Ga. L. 1963, p. 2030), as amended, so as to change the corporate boundaries of such city; 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 1559. By Representatives Burns of the 157th and Carter of the 159th: A BILL to be entitled an Act to provide a new charter for the City of Guyton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal an Act incorporating the City of Guyton in the County of Effingham, approved April 12, 1982 (Ga. L. 1982, p. 3806); to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1560. By Representative Greene of the 149th: A BILL to be entitled an Act to amend an Act creating the State Court of Miller County, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 3921), so as 2062 JOURNAL OF THE HOUSE to change the compensation of the judge and solicitor-general of said 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. HB 1561. By Representative Greene of the 149th: A BILL to be entitled an Act to provide that the judge of the Probate Court of Randolph County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Probate Court of Randolph County; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1562. By Representative Hanner of the 148th: A BILL to be entitled an Act to amend an Act providing a charter for the City of Richland, Georgia, approved August 8, 1922 (Ga. L. 1922, p. 925), as amended, so as to change the corporate limits of such city by annexing certain territory in Stewart County into such city; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1568. By Representative Meadows of the 5th: A BILL to be entitled an Act to amend Code Section 33-30-23 of the Official Code of Georgia Annotated, relating to group accident and sickness insurance standards, so as to authorize any health care insurer to offer health benefit plans that are not subject to limitations on level of reimbursement for contracted or noncontracted health care providers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1569. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to require the issuance by the state of silver medallions for use in financial transactions in this state; to provide for issuance requirements, conditions, and procedures; to provide for the legal and transactional status of such medallions; to provide for WEDNESDAY, MARCH 8, 2006 2063 conditions of subsequent issuance; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. HB 1570. By Representatives Mumford of the 95th and Holt of the 112th: A BILL to be entitled an Act to amend an Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4219), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4221), so as to provide an increase in the salary supplement for the superior court judges; 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 1571. By Representative Buckner of the 76th: A BILL to be entitled an Act to amend Code Section 20-2-161 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Formula, so as to provide that the middle grades program is funded at the same program weight as the middle school program; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1572. By Representatives Murphy of the 23rd, Knox of the 24th and Amerson of the 9th: A BILL to be entitled an Act to provide a salary supplement for each judge of the Superior Court of the Bell-Forsyth Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1573. By Representative Mills of the 25th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. Laws 1979, p. 3404), as amended, so as to establish the corporate limits of the City of Flowery Branch; to provide for related matters; to repeal conflicting laws; and for other purposes. 2064 JOURNAL OF THE HOUSE Referred to the Committee on State Planning & Community Affairs - Local. HB 1574. By Representatives Murphy of the 23rd, Knox of the 24th and Amerson of the 9th: A BILL to be entitled an Act to amend an Act creating and establishing a civil service system in Forsyth County for the employees of Forsyth County, approved March 13, 1978 (Ga. L. 1978, p. 3576), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 4272), so as to exempt certain employees of the sheriff from the civil service system and from any rights, protections, privileges, or right of appeal under the civil service system; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1575. By Representatives Mills of the 25th, Rogers of the 26th, Reece of the 27th and Benton of the 31st: A BILL to be entitled an Act to provide for the continuation of an alternative 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 among the Hall County School District, City of Gainesville Independent School District, and City of Buford Independent School District; to provide for applicability; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1576. By Representatives Knox of the 24th, Murphy of the 23rd and Amerson of the 9th: A BILL to be entitled an Act to amend an Act creating the State Court of Forsyth County and the office of solicitor-general of Forsyth County, approved April 15, 1996 (Ga. L. 1996, p. 4558), as amended, so as to change the provisions relating to the compensation of the solicitor-general of Forsyth County; 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 1577. By Representative Loudermilk of the 14th: WEDNESDAY, MARCH 8, 2006 2065 A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; 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 1578. By Representative Loudermilk of the 14th: A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $28,000.00 of the assessed value of the homestead for residents of that city who are disabled and whose household income does not exceed $20,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1579. By Representative Loudermilk of the 14th: A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1580. By Representative Loudermilk of the 14th: A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are 62 years of age or over and whose income, excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating 2066 JOURNAL OF THE HOUSE 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 1581. By Representatives Smith of the 70th and Horne of the 71st: A BILL to be entitled an Act to provide that the board of education of Coweta County shall be authorized to provide group medical insurance for a former member, including such member's spouse and dependents, under certain conditions; to provide for payment; to provide for related matters; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1582. By Representatives Gardner of the 57th and Buckner of the 130th: A BILL to be entitled an Act to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a competent adult to execute a declaration to appoint an agent to make mental health care decisions on behalf of such person; to provide a short title; to provide definitions; to provide for standards and limitations with respect to mental health care declarations; to provide for the responsibilities and duties of mental health care providers and agents under mental health care declarations; to provide a statutory declaration for mental health care form; to provide for construction of such form; to provide for applicability; to provide for construction of chapter; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HR 1666. By Representatives Jones of the 46th, Harbin of the 118th, Rogers of the 26th and Graves of the 12th: A RESOLUTION proposing an amendment to the Constitution so as to change the terms of members of the State Transportation Board from five years to two years; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Transportation. WEDNESDAY, MARCH 8, 2006 2067 HR 1667. By Representatives Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, O`Neal of the 146th and Coleman of the 144th: A RESOLUTION to create the House State Fiscal Year Study Committee; to provide for the mission, membership, service, powers, and duties of the committee; to provide for other related matters; and for other purposes. Referred to the Committee on Rules. HR 1692. By Representatives Day of the 163rd, Harbin of the 118th, Burkhalter of the 50th, Keen of the 179th, Sheldon of the 105th and others: A RESOLUTION urging the state, county, and municipal governments to create a comprehensive emergency preparedness and response educational program; and for other purposes. Referred to the Committee on Public Safety. By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee: HB 1590. By Representatives Jennings of the 82nd, Chambers of the 81st and Royal of the 171st: A BILL to be entitled an Act to amend Code Section 48-8-104 of the Official Code of Georgia Annotated, relating to administration and disbursement of proceeds of the homestead option sales and use tax, so as to change certain provisions regarding the distribution and expenditure of such proceeds; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1516 HB 1517 HB 1518 HB 1519 HB 1520 HB 1521 HB 1522 HB 1544 HB 1545 HB 1548 HB 1552 HB 1553 HB 1554 HB 1555 2068 JOURNAL OF THE HOUSE HB 1523 HB 1524 HB 1525 HB 1526 HB 1527 HB 1528 HB 1529 HB 1530 HB 1531 HB 1532 HB 1533 HB 1534 HB 1535 HB 1537 HB 1538 HB 1539 HB 1540 HB 1541 HB 1543 HB 1563 HB 1564 HB 1565 HB 1566 HB 1567 HR 1637 HR 1661 HR 1662 HR 1663 HR 1664 HR 1665 SB 77 SB 123 SB 396 SB 415 SB 429 SB 520 SB 532 SB 584 Representative McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report: Mr. Speaker: Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1393 Do Pass, by Substitute HB 1424 Do Pass, by Substitute SB 441 Do Pass Respectfully submitted, /s/ McCall of the 30th Chairman Representative Harbin of the 118th District, Chairman of the Committee on Appropriations, submitted the following report: Mr. Speaker: WEDNESDAY, MARCH 8, 2006 2069 Your Committee on Appropriations has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HB 953 HB 1022 HB 1279 HB 1372 Do Pass Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute HB 1473 HR 1299 HR 1663 HR 1664 Do Pass Do Pass Do Pass Do Pass Respectfully submitted, /s/ Harbin of the 118th Chairman 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 442 Do Pass Respectfully submitted, /s/ Manning of the 32nd Chairman Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1098 HB 1229 HB 1239 HB 1316 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute HB 1483 Do Pass, by Substitute HB 1485 Do Pass, by Substitute SB 79 Do Pass, by Substitute 2070 JOURNAL OF THE HOUSE Respectfully submitted, /s/ Coleman of the 97th Chairman Representative Lane of the 158th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report: Mr. Speaker: Your Committee on Game, Fish and Parks has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1490 Do Pass, by Substitute HB 1567 Do Pass Respectfully submitted, /s/ Lane of the 158th Chairman Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report: Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 547 Do Pass, by Substitute HB 1230 Do Pass, by Substitute HB 1330 Do Pass HB 1472 Do Pass, by Substitute Respectfully submitted, /s/ Scott of the 153rd Chairman Representative Coan of the 101st District, Chairman of the Committee on Industrial Relations, submitted the following report: Mr. Speaker: Your Committee on Industrial Relations has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: WEDNESDAY, MARCH 8, 2006 2071 SB 486 Do Pass Respectfully submitted, /s/ Coan of the 101st Chairman Representative Knox of the 24th District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1371 Do Pass, by Substitute HB 1456 Do Pass, by Substitute HB 1484 Do Pass Respectfully submitted, /s/ Knox of the 24th Chairman Representative Rynders of the 152nd District, Chairman of the Committee on IntraGovernmental Coordination, submitted the following report: Mr. Speaker: Your Committee on Intra-Governmental Coordination has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 445 Do Pass SB 472 Do Pass Respectfully submitted, /s/ Rynders of the 152nd Chairman Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: 2072 JOURNAL OF THE HOUSE Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 265 HB 874 HB 1071 HB 1073 HB 1273 HB 1282 Do Pass, by Substitute Do Pass Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass, by Substitute HB 1313 HB 1395 HB 1419 HB 1423 HB 1496 Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass Respectfully submitted, /s/ Willard of the 49th Chairman Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: Mr. Speaker: Your Committee on Judiciary Non-Civil has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 243 HB 888 HB 1222 HB 1290 HB 1302 HB 1335 HB 1342 HB 1389 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass Do Pass, by Substitute HB 1417 HB 1418 HB 1421 HB 1436 HB 1439 HB 1465 HB 1497 HB 1501 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute 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 Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: WEDNESDAY, MARCH 8, 2006 2073 HB 1392 Do Pass, by Substitute SB 27 Do Pass SB 28 Do Pass Respectfully submitted, /s/ Rice of the 51st Chairman Representative Lewis of the 15th District, Chairman of the Committee on Public Utilities and Telecommunications, submitted the following report: Mr. Speaker: Your Committee on Public Utilities and Telecommunications has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HB 738 HB 1060 HB 1546 HB 1547 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass HR 1604 Do Pass HR 1635 Do Pass HR 1636 Do Pass Respectfully submitted, /s/ Lewis of the 15th Chairman Representative Bridges of the 10th District, Chairman of the Committee on Retirement, submitted the following report: Mr. Speaker: Your Committee on Retirement has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 731 Do Pass, by Substitute HR 30 Do Pass Respectfully submitted, /s/ Bridges of the 10th Chairman 2074 JOURNAL OF THE HOUSE Representative Barnard of the 166th District, Chairman of the Committee on State Institutions and Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions and Property has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 1080 Do Pass HR 1492 Do Pass Respectfully submitted, /s/ Barnard of the 166th Chairman Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning and Community Affairs - 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 1494 Do Pass HB 1499 Do Pass HB 1503 Do Pass HB 1504 Do Pass HB 1514 Do Pass HB 1515 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 has instructed me to report the same back to the House with the following recommendations: HB 715 Do Pass, by Substitute WEDNESDAY, MARCH 8, 2006 2075 HR 1109 Do Pass HR 1548 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 129th Chairman Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 111 HB 429 HB 848 HB 1144 HB 1160 HB 1244 Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass Do Pass, by Substitute Do Pass, by Substitute HB 1403 HB 1452 HB 1495 HB 1502 HB 1506 Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass Do Pass, by Substitute Respectfully submitted, /s/ O'Neal of the 146th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, MARCH 8, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 28th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 925 Torts; asbestos claims and successor corporations; provisions HB 1385 Building plan reviews; private professional providers; provisions 2076 JOURNAL OF THE HOUSE HB 1399 HB 1405 HB 1444 Magistrate's salary; waiver; provide Workers' compensation; time frame for claim to be documented; require Insurance; insolvencies; amend provisions Modified Open Rule None Modified Structured Rule None Structured Rule HB 1053 HR 1169 HR 1564 Prestige license plates; "In God We Trust"; provisions Colonel R. H. Burson Bridge; designate Special license plates; dedicate revenue; provisions - CA 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 1494. By Representatives Smith of the 113th and Holt of the 112th: A BILL to be entitled an Act to create a board of elections and registration for Morgan 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 and terms of members; to provide for employees of the board; 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 compensation of personnel; to provide for offices and equipment; to provide for construction; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 8, 2006 2077 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1499. By Representative Cheokas of the 134th: A BILL to be entitled an Act to amend an Act creating the State Court of Sumter County, approved November 22, 1900 (Ga. L. 1900, p. 93), as amended, so as to provide that on and after January 1, 2007, the district attorney of the judicial circuit within which Sumter County is located shall represent the state in all criminal prosecutions brought in the State Court of Sumter County and shall perform the duties of the office of solicitor-general of the state court; to provide for the powers, duties, and responsibilities of said district attorney in such state court; to authorize the establishment of a state court division by said district attorney; to provide for the assignment, appointment, and compensation of personnel by said district attorney; to provide for annual budgets; to provide for definitions and references; to provide for submission to the Justice Department 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 1503. By Representatives Bridges of the 10th, Reece of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to authorize the Magistrate Court of White County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1504. By Representatives Bridges of the 10th, Reece of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to authorize the Probate Court of White County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes. 2078 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1514. By Representatives Mitchell of the 88th, Watson of the 91st, Stephenson of the 92nd, Mangham of the 94th, Sailor of the 93rd and others: A BILL to be entitled an Act to provide for the filling of vacancies in the office of sheriff of DeKalb County; to provide that the chief deputy shall discharge the duties of sheriff until such office is filled; 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 1515. By Representatives Lane of the 167th, Keen of the 179th and Hill of the 180th: A BILL to be entitled an Act to provide for the creation of a community improvement district in Glynn County; to provide for a short title; to provide for the purposes of said district; to provide for definitions; to provide for a board to administer said district; to provide for the appointment and election of members of said board; to provide for taxes, fees, and assessments; to provide for the boundaries of said district; to provide for debt of said district other than bonded indebtedness; to provide for cooperation with local governments; to provide for powers of said board; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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 E Anderson Y Ashe Y Barnard E Barnes Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Sailor Y Scheid Y Scott, A E Scott, M Y Setzler Y Shaw WEDNESDAY, MARCH 8, 2006 2079 Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Cox Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C 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 Y Keen Y Keown Y Kidd Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Lunsford Y Maddox Mangham Y Manning Y Marin E Millar 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 Orrock 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 Rogers Y Royal Y Rynders Y Sheldon Y Sims, C Y Sims, F Sinkfield 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 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 On the passage of the Bills, the ayes were 140, nays 0. The Bills, having received the requisite constitutional majority, were 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 "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 278. By Senators Jones of the 10th and Starr of the 44th: 2080 JOURNAL OF THE HOUSE A BILL to be entitled an Act to provide for the Henry County Board of Elections and Registration; to provide for the board as a successor to the boards created under prior law; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide an administrative office for elections and registrations; to staff such office with an administrative director, clerical assistants, and other employees; to provide compensation for administrative personnel and members of the board; to terminate the former board of elections and board of registrars; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 299. By Senator Goggans of the 7th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Patterson in the County of Pierce, approved April 9, 1981 (Ga. L. 1981, p. 4545), as amended, so as to reduce the number of members of the city council from six to five members; to provide for the time and manner of election of the mayor and council; to provide for the terms of the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 362. By Senator Douglas of the 17th: A BILL to be entitled an Act to provide for an alternative 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 among the Newton County School District and the City of Social Circle School District; to provide for automatic repeal; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. SB 387. By Senator Butler of the 55th: A BILL to be entitled an Act to provide for a homestead exemption from City of Clarkston ad valorem taxes for municipal purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that city 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 500. By Senators Stephens of the 27th, Wiles of the 37th, Staton of the 18th and Hill of the 32nd: WEDNESDAY, MARCH 8, 2006 2081 A BILL to be entitled an Act to provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to require all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on electronic recording voting systems; to provide for a pilot program during the 2006 November general election and any runoff therefrom in certain counties; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. SB 531. By Senators Rogers of the 21st, Hudgens of the 47th and Chapman of the 3rd: A BILL to be entitled an Act to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, so as to change certain provisions relating to damages recoverable by an insured under uninsured motorist coverage; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 533. By Senators Bulloch of the 11th, Smith of the 52nd and Hamrick of the 30th: A BILL to be entitled an Act to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to revise the statutory living will form; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 534. By Senators Bulloch of the 11th and Hamrick of the 30th: A BILL to be entitled an Act to amend Code Section 53-12-173 of the Official Code of Georgia Annotated, relating to compensation for services, so as to specify that when a trustee's compensation is not specified in the trust instrument it shall be based on the compensation schedule of conservators; to provide for other related matters; to repeal conflicting laws; and for other purposes. SB 542. By Senators Hill of the 32nd, Harp of the 29th and Smith of the 52nd: A BILL to be entitled an Act to amend Chapter 36 of Title 31 of the Official Code of Georgia Annotated, relating to durable power of attorney for health 2082 JOURNAL OF THE HOUSE care, so as to amend the signature requirement; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. SB 552. By Senator Reed of the 35th: A BILL to be entitled an Act to incorporate the City of South Fulton in Fulton County; to provide for a charter for the City of South Fulton; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for severability; to repeal conflicting laws; and for other purposes. SB 553. By Senator Reed of the 35th: A BILL to be entitled an Act to incorporate the City of Chattahoochee Hill Country in Fulton County; to provide for a charter for the City of Chattahoochee Hill Country; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for severability; to repeal conflicting laws; and for other purposes. SB 556. 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 and housing; Title 15 WEDNESDAY, MARCH 8, 2006 2083 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 officers and agencies; Title 40 of the O.C.G.A., relating to motor vehicles and traffic; Title 43 of the O.C.G.A., relating to professions and businesses; Title 45 of the O.C.G.A., relating to public officers and employees; 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, so as to provide for the comprehensive revision of provisions regarding state budgeting; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 563. By Senators Harp of the 29th, Rogers of the 21st, Reed of the 35th, Meyer von Bremen of the 12th, Hamrick of the 30th and others: A BILL to be entitled an Act to amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation of court bailiffs and expense allowance for jurors to be fixed by the grand jury and increases, so as to increase the maximum per diem allowed to court bailiffs; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 569. By Senators Weber of the 40th, Johnson of the 1st and Williams of the 19th: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain local government provisions with respect to newly created municipalities; to revise certain provisions relating to the removal of new municipal corporations from county special districts for the provision of local government services; to provide for the offer of sale to a newly created municipality of county property used for parks and recreation purposes within the geographical boundaries of the new municipality; to provide for additional limitations and requirements in the event a new municipality is created in a county subsequent to a referendum in which bonded indebtedness is approved; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 581. By Senators Mullis of the 53rd, Tolleson of the 20th, Carter of the 13th, Thomas of the 54th, Hamrick of the 30th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Public Safety Training Center, so as to authorize the training center to provide training for emergency medical personnel; to change certain provisions relating to the Georgia Public 2084 JOURNAL OF THE HOUSE Safety Training Center; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 608. By Senator Douglas of the 17th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Social Circle in the County of Walton, approved May 5, 2005 (Ga. L. 2005, p. 3627); to provide for corrections; to provide for an oath, rules, and procedures; to provide for rules and regulations; to provide for taxation, licenses, and fees; to repeal conflicting laws; and for other purposes. SB 609. By Senator Douglas of the 17th: A BILL to be entitled an Act to reincorporate and provide a new charter for the City of Hampton in Henry 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 an effective date; to repeal conflicting laws; and for other purposes. SB 616. By Senators Wiles of the 37th, Hill of the 32nd, Stoner of the 6th, Thompson of the 33rd and Rogers of the 21st: A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; to repeal conflicting laws; to provide an effective date; and for other purposes. 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, 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. WEDNESDAY, MARCH 8, 2006 2085 HB 1077. By Representative Jenkins of the 8th: A BILL to be entitled an Act to provide that future elections for the office of probate judge of Rabun 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 1117. By Representative Ray of the 136th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Crawford County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district whose annual income does not exceed $20,000.00 and who are 65 years of age or older or disabled, approved April 1, 1994 (Ga. L. 1994, p. 4515), so as to increase the amount of such exemption and the income cap applicable to such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1118. By Representative Ray of the 136th: A BILL to be entitled an Act to provide that future elections for the office of probate judge of Crawford 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 1119. By Representative Ray of the 136th: A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Crawford 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 1122. By Representatives Ray of the 136th and James of the 135th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Peach County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district whose annual income does not exceed $20,000.00 and who are 65 years of age or older or disabled, 2086 JOURNAL OF THE HOUSE approved April 1, 1995 (Ga. L. 1995, p. 4181), so as to increase the amount of such exemption and the income cap applicable to such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1132. By Representatives Forster of the 3rd, Neal of the 1st and Dickson of the 6th: A BILL to be entitled an Act to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, so as to increase the clerical help allowance of the clerk of the Superior Court of Catoosa County; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1182. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th, Fleming of the 117th, Smith of the 129th and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption for a limited period of time with respect to certain eligible hall of fame attractions; 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 repeal conflicting laws; and for other purposes. HB 1271. By Representative Jenkins of the 8th: A BILL to be entitled an Act to create a board of elections and registration for Rabun 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 board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for the submission of this Act for approval pursuant to 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. WEDNESDAY, MARCH 8, 2006 2087 HB 1289. By Representative Parrish of the 156th: A BILL to be entitled an Act to create a board of elections and registration for Candler 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 board's 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 1345. By Representatives Manning of the 32nd, Tumlin of the 38th, Ehrhart of the 36th and Setzler of the 35th: 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, so as to change the provision relating to the term or duration of franchise agreements; to repeal conflicting laws; and for other purposes. HB 1346. By Representatives Manning of the 32nd, Ehrhart of the 36th, Tumlin of the 38th, Johnson of the 37th and Setzler of the 35th: 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, so as to change the charter provision relating to what shall constitute a quorum; to repeal conflicting laws; and for other purposes. HB 1347. By Representatives Manning of the 32nd, Tumlin of the 38th, Ehrhart of the 36th, Johnson of the 37th and Setzler of the 35th: 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, so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes. HB 1354. By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st: A BILL to be entitled an Act to amend an Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, 2088 JOURNAL OF THE HOUSE p. 1267), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4236), so as to increase the clerical allowance for the tax commissioner; 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 resolutions of the Senate: SR 433. By Senator Tolleson of the 20th: A RESOLUTION dedicating a portion of US Highway 441 within the corporate limits of the City of McRae in honor of Mayor Johnny Bradfield; and for other purposes. SR 434. By Senator Tolleson of the 20th: A RESOLUTION dedicating a portion of US Highway 341 within the corporate limits of the City of McRae as Martin Luther King, Jr., Blvd.; and for other purposes. SR 848. By Senators Wiles of the 37th, Rogers of the 21st, Hill of the 32nd, Stoner of the 6th and Thompson of the 33rd: A RESOLUTION honoring the life and service of Airman First Class Antoine J. Holt and dedicating the Antoine J. Holt Memorial Bridge; and for other purposes. SR 849. By Senators Wiles of the 37th, Rogers of the 21st, Hill of the 32nd, Stoner of the 6th and Thompson of the 33rd: A RESOLUTION honoring the life and service of Kimberly Boyd and dedicating the Kimberly Boyd Memorial Bridge; and for other purposes. The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House: HB 733. By Representatives Lewis of the 15th, Loudermilk of the 14th and Graves of the 12th: A BILL to be entitled an Act to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), as amended, so as to change the WEDNESDAY, MARCH 8, 2006 2089 compensation of the chief magistrate and the provisions related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1003. By Representatives Talton of the 145th, O`Neal of the 146th, Floyd of the 147th and Ray of the 136th: A BILL to be entitled an Act to amend an Act entitled "An Act to make provisions for the Magistrate Court of Houston County," approved March 1, 1984 (Ga. L. 1984, p. 3652), as amended, so as to provide for the election of the chief magistrate and magistrates; to provide for procedures; to provide for the filling of vacancies; to provide for the submission of this Act to the United States Department of Justice; 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 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. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees: SB 278. By Senators Jones of the 10th and Starr of the 44th: A BILL to be entitled an Act to provide for the Henry County Board of Elections and Registration; to provide for the board as a successor to the boards created under prior law; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide an administrative office for elections and registrations; to staff such office with an administrative director, clerical assistants, and other employees; to provide compensation for administrative personnel and members of the board; to terminate the former board of elections and board of registrars; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. 2090 JOURNAL OF THE HOUSE Referred to the Committee on State Planning & Community Affairs - Local. SB 299. By Senator Goggans of the 7th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Patterson in the County of Pierce, approved April 9, 1981 (Ga. L. 1981, p. 4545), as amended, so as to reduce the number of members of the city council from six to five members; to provide for the time and manner of election of the mayor and council; to provide for the terms of the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 362. By Senator Douglas of the 17th: A BILL to be entitled an Act to provide for an alternative 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 among the Newton County School District and the City of Social Circle School District; to provide for automatic repeal; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 387. By Senator Butler of the 55th: A BILL to be entitled an Act to provide for a homestead exemption from City of Clarkston ad valorem taxes for municipal purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that city 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 500. By Senators Stephens of the 27th, Wiles of the 37th, Staton of the 18th and Hill of the 32nd: A BILL to be entitled an Act to provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, WEDNESDAY, MARCH 8, 2006 2091 relating to electronic recording voting systems, so as to require all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on electronic recording voting systems; to provide for a pilot program during the 2006 November general election and any runoff therefrom in certain counties; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. SB 531. By Senators Rogers of the 21st, Hudgens of the 47th and Chapman of the 3rd: A BILL to be entitled an Act to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, so as to change certain provisions relating to damages recoverable by an insured under uninsured motorist coverage; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. SB 533. By Senators Bulloch of the 11th, Smith of the 52nd and Hamrick of the 30th: A BILL to be entitled an Act to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to revise the statutory living will form; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 534. By Senators Bulloch of the 11th and Hamrick of the 30th: A BILL to be entitled an Act to amend Code Section 53-12-173 of the Official Code of Georgia Annotated, relating to compensation for services, so as to specify that when a trustee's compensation is not specified in the trust instrument it shall be based on the compensation schedule of conservators; to provide for other related matters; to repeal conflicting laws; and for other purposes. 2092 JOURNAL OF THE HOUSE Referred to the Committee on Judiciary. SB 542. By Senators Hill of the 32nd, Harp of the 29th and Smith of the 52nd: A BILL to be entitled an Act to amend Chapter 36 of Title 31 of the Official Code of Georgia Annotated, relating to durable power of attorney for health care, so as to amend the signature requirement; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 552. By Senator Reed of the 35th: A BILL to be entitled an Act to incorporate the City of South Fulton in Fulton County; to provide for a charter for the City of South Fulton; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for severability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. SB 553. By Senator Reed of the 35th: A BILL to be entitled an Act to incorporate the City of Chattahoochee Hill Country in Fulton County; to provide for a charter for the City of Chattahoochee Hill Country; 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 WEDNESDAY, MARCH 8, 2006 2093 provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for severability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. SB 556. 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 and housing; 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 officers and agencies; Title 40 of the O.C.G.A., relating to motor vehicles and traffic; Title 43 of the O.C.G.A., relating to professions and businesses; Title 45 of the O.C.G.A., relating to public officers and employees; 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, so as to provide for the comprehensive revision of provisions regarding state budgeting; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. SB 563. By Senators Harp of the 29th, Rogers of the 21st, Reed of the 35th, Meyer von Bremen of the 12th, Hamrick of the 30th and others: A BILL to be entitled an Act to amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation of court bailiffs and expense allowance for jurors to be fixed by the grand jury and increases, so as to increase the maximum per diem allowed to court bailiffs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 569. By Senators Weber of the 40th, Johnson of the 1st and Williams of the 19th: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain 2094 JOURNAL OF THE HOUSE local government provisions with respect to newly created municipalities; to revise certain provisions relating to the removal of new municipal corporations from county special districts for the provision of local government services; to provide for the offer of sale to a newly created municipality of county property used for parks and recreation purposes within the geographical boundaries of the new municipality; to provide for additional limitations and requirements in the event a new municipality is created in a county subsequent to a referendum in which bonded indebtedness is approved; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 581. By Senators Mullis of the 53rd, Tolleson of the 20th, Carter of the 13th, Thomas of the 54th, Hamrick of the 30th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Public Safety Training Center, so as to authorize the training center to provide training for emergency medical personnel; to change certain provisions relating to the Georgia Public Safety Training Center; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. SB 608. By Senator Douglas of the 17th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Social Circle in the County of Walton, approved May 5, 2005 (Ga. L. 2005, p. 3627); to provide for corrections; to provide for an oath, rules, and procedures; to provide for rules and regulations; to provide for taxation, licenses, and fees; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 609. By Senator Douglas of the 17th: A BILL to be entitled an Act to reincorporate and provide a new charter for the City of Hampton in Henry 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 WEDNESDAY, MARCH 8, 2006 2095 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 an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 616. By Senators Wiles of the 37th, Hill of the 32nd, Stoner of the 6th, Thompson of the 33rd and Rogers of the 21st: A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; to repeal conflicting laws; to provide an effective date; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SR 433. By Senator Tolleson of the 20th: A RESOLUTION dedicating a portion of US Highway 441 within the corporate limits of the City of McRae in honor of Mayor Johnny Bradfield; and for other purposes. Referred to the Committee on Transportation. SR 434. By Senator Tolleson of the 20th: A RESOLUTION dedicating a portion of US Highway 341 within the corporate limits of the City of McRae as Martin Luther King, Jr., Blvd.; and for other purposes. Referred to the Committee on Transportation. SR 848. By Senators Wiles of the 37th, Rogers of the 21st, Hill of the 32nd, Stoner of the 6th and Thompson of the 33rd: A RESOLUTION honoring the life and service of Airman First Class Antoine J. Holt and dedicating the Antoine J. Holt Memorial Bridge; and for other purposes. 2096 JOURNAL OF THE HOUSE Referred to the Committee on Transportation. SR 849. By Senators Wiles of the 37th, Rogers of the 21st, Hill of the 32nd, Stoner of the 6th and Thompson of the 33rd: A RESOLUTION honoring the life and service of Kimberly Boyd and dedicating the Kimberly Boyd Memorial Bridge; and for other purposes. Referred to the Committee on Transportation. The following members were recognized during the period of Morning Orders and addressed the House: Morgan of the 39th, Kidd of the 115th, Williams of the 4th, Sims of the 151st, Day of the 163rd, and Cox of the 102nd. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1026. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006, known as the "General Appropriations Act," approved May 10, 2005 (Ga. L. 2005, p. 1319). The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 1026 The Committee of Conference on HB 1026 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1026 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/ Bill Stephens Senator, 27th District /s/ Jerry Keen Representative, 179th District /s/ Tommie Williams Senator, 19th District /s/ Mark Burkhalter Representative, 50th District WEDNESDAY, MARCH 8, 2006 2097 A BILL To amend an Act providing appropriations for the State Fiscal Year 2005-2006 known as the "General Appropriations Act" approved May 10, 2005 (Ga. L. 2005, p. 1319), so as to change certain appropriations for the State Fiscal Year 2005-2006; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: An Act providing appropriations for the State Fiscal Year 2005-2006, as amended, known as the "General Appropriations Act" approved May 10, 2005 (Ga. L. 2005, p. 1319), is further amended by striking everything following the enacting clause through Section 59, and by substituting in lieu thereof the following: That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006: H.B. 1026 Governor House Senate CC Revenue Sources Available for Appropriation TOTAL STATE FUNDS Brain and Spinal Injury Trust Fund Lottery Proceeds State Motor Fuel Funds Revenue Shortfall Reserve for K-12 Needs State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Community Mental Health Services Block Grant Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Federal Highway Administration Planning & Construction CFDA20.205 $17,850,546,801 $3,000,000 $811,629,758 $850,940,019 $158,139,967 $15,870,210,305 $156,626,752 $8,851,355,116 $76,426,261 $74,410,706 $13,063,235 $17,185,183 $2,056,585,236 $742,002,072 $17,850,546,801 $3,000,000 $811,629,758 $850,940,019 $158,139,967 $15,870,210,305 $156,626,752 $8,848,580,193 $76,426,261 $74,410,706 $13,063,235 $17,185,183 $2,056,587,984 $742,002,072 $17,850,546,801 $3,000,000 $811,629,758 $850,940,019 $158,139,967 $15,870,210,305 $156,626,752 $9,264,317,574 $76,426,261 $74,410,706 $13,063,235 $17,185,183 $2,509,986,081 $742,451,325 $17,850,546,801 $3,000,000 $811,629,758 $850,940,019 $158,139,967 $15,870,210,305 $156,626,752 $9,284,703,508 $76,426,261 $74,410,706 $13,063,235 $17,185,183 $2,516,516,739 $742,451,325 2098 JOURNAL OF THE HOUSE FHA Planning & Construction CFDA20.205 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Block Grant CFDA93.959 Preventive Health & Health Services Block Grant Social Services Block Grant CFDA 93.667 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Block Grant CFDA 93.558 TANF Transfers to Social Services Block Grant TANF Transfers to Child Care Development Fund Temporary Assistance for Needy Families Unobligated TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services $357,997,928 $79,473,308 $19,957,242 $17,348,033 $4,585,068,585 $50,960,435 $357,997,928 $79,473,308 $19,957,242 $17,348,033 $4,581,790,914 $50,960,435 $357,997,928 $79,473,308 $19,957,242 $17,348,033 $4,534,831,259 $52,613,879 $357,997,928 $79,473,308 $19,957,242 $17,348,033 $4,555,528,014 $52,613,879 $4,203,960 $55,370,733 $182,483,580 $372,028,378 $318,725,882 $4,203,960 $55,370,733 $182,483,580 $372,028,378 $318,725,882 $5,258,723 $55,370,733 $182,483,580 $372,028,378 $351,913,870 $5,258,723 $55,370,733 $182,483,580 $372,028,378 $348,425,882 $23,602,496 $29,700,000 $146,790,241 $3,616,407,775 $66,715,877 $20,000,000 $46,715,877 $355,481,806 $355,481,806 $5,502,249 $5,502,249 $1,684,221,085 $1,684,221,085 $41,378,686 $41,378,686 $3,956,922 $3,956,922 $1,445,151,150 $23,602,496 $29,700,000 $146,790,241 $3,604,389,109 $66,715,877 $20,000,000 $46,715,877 $355,481,806 $355,481,806 $5,502,249 $5,502,249 $1,686,179,916 $1,686,179,916 $41,378,686 $41,378,686 $3,956,922 $3,956,922 $1,445,173,653 $20,114,508 $146,790,241 $3,732,850,534 $66,762,472 $20,000,000 $46,762,472 $362,757,150 $362,757,150 $6,889,192 $6,889,192 $1,702,850,836 $1,702,850,836 $55,798,416 $55,798,416 $7,021,687 $7,021,687 $1,530,623,838 $23,602,496 $146,790,241 $3,749,003,832 $66,762,472 $20,000,000 $46,762,472 $360,814,465 $360,814,465 $6,889,192 $6,889,192 $1,697,831,149 $1,697,831,149 $78,703,858 $78,703,858 $7,021,687 $7,021,687 $1,530,834,066 WEDNESDAY, MARCH 8, 2006 2099 Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Accounting System Assessments Administrative Hearing Payments Agency to Agency Contracts Air Transportation Charges Health Insurance Payments Legal Services - Client Reimbursable per 45-15-4 Liability Funds Mail and Courier Services Merit System Assessments Merit System Training and Compensation Fees Motor Vehicle Rental Payments Optional Medicaid Services Payments Property Insurance Funds Retirement Payments Risk Management Assessments Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS Changes in Fund Availability TOTAL STATE FUNDS State Motor Fuel Funds Revenue Shortfall Reserve for K-12 Needs State General Funds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized Federal Highway Administration Planning & Construction $1,445,151,150 $2,767,288,615 $8,855,794 $601,308 $12,237,827 $657,795 $2,211,159,749 $21,006,280 $51,741,328 $1,612,810 $11,733,724 $545,598 $2,668,981 $319,588,258 $20,659,798 $39,628,196 $704,517 $8,045,289 $55,841,363 $30,318,309,692 $1,445,173,653 $2,767,288,615 $8,855,794 $601,308 $12,237,827 $657,795 $2,211,159,749 $21,006,280 $51,741,328 $1,612,810 $11,733,724 $545,598 $2,668,981 $319,588,258 $20,659,798 $39,628,196 $704,517 $8,045,289 $55,841,363 $30,303,516,103 $1,530,623,838 $2,787,090,583 $8,855,794 $681,308 $20,513,175 $657,795 $2,211,159,749 $31,028,280 $51,741,328 $1,626,310 $13,044,844 $545,598 $2,768,981 $319,588,258 $20,659,798 $39,628,196 $704,517 $8,045,289 $55,841,363 $30,847,714,909 $1,530,834,066 $146,943 $146,943 $2,788,403,147 $8,855,794 $681,308 $20,475,712 $657,795 $2,211,159,749 $31,028,280 $51,741,328 $1,626,310 $13,044,844 $545,598 $2,768,981 $320,938,285 $20,659,798 $39,628,196 $704,517 $8,045,289 $55,841,363 $30,884,254,141 $444,640,208 $60,940,019 $158,139,967 $225,560,222 $92,821,288 $2,399,958 $6,943,284 ($560,808) $444,640,208 $60,940,019 $158,139,967 $225,560,222 $90,046,365 $2,399,958 $7,446,032 ($560,808) $444,640,208 $60,940,019 $158,139,967 $225,560,222 $447,165,654 $2,399,958 $422,085,181 ($111,555) $444,640,208 $60,940,019 $158,139,967 $225,560,222 $467,751,588 $2,399,958 $421,974,360 ($111,555) 2100 JOURNAL OF THE HOUSE CFDA20.205 FHA Planning & Construction CFDA20.205 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Block Grant CFDA93.959 Preventive Health & Health Services Block Grant Social Services Block Grant CFDA 93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Block Grant CFDA 93.558 TANF Transfers to Social Services Block Grant TANF Transfers to Child Care Development Fund Temporary Assistance for Needy Families Unobligated TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties $113,966 $32,881,752 $40,269 $47,284,420 $113,966 $32,881,752 $40,269 $44,006,749 $113,966 $32,881,752 $40,269 ($2,952,906) $1,653,444 $113,966 $32,881,752 $40,269 $17,743,849 $1,653,444 $2,000 $3,716,447 $3,716,447 $2,000 $3,716,447 $3,716,447 $1,054,763 $2,000 $4,003,411 $37,191,399 $1,054,763 $2,000 $4,003,411 $33,703,411 ($26,187,031) $156,708,525 $156,708,525 ($131,561,725) ($131,561,725) ($305,228) ($305,228) ($51,028,603) ($51,028,603) ($38,205,697) ($14,000,000) ($14,000,000) $156,708,525 $156,708,525 ($129,602,894) ($129,602,894) ($305,228) ($305,228) ($51,006,100) ($51,006,100) ($3,487,988) ($29,700,000) ($14,004,629) $91,255,728 ($13,953,405) ($13,953,405) $164,983,869 $164,983,869 $1,386,943 $1,386,943 ($112,931,974) ($112,931,974) $14,419,730 $14,419,730 $2,759,537 $2,759,537 $34,444,085 $34,444,085 $146,943 ($29,700,000) ($14,004,629) $107,229,026 ($13,953,405) ($13,953,405) $162,861,184 $162,861,184 $1,386,943 $1,386,943 ($117,951,661) ($117,951,661) $37,325,172 $37,325,172 $2,759,537 $2,759,537 $34,654,313 $34,654,313 $146,943 WEDNESDAY, MARCH 8, 2006 2101 Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Administrative Hearing Payments Agency to Agency Contracts Health Insurance Payments Legal Services - Client Reimbursable per 45-15-4 Mail and Courier Services Merit System Assessments Motor Vehicle Rental Payments Optional Medicaid Services Payments Retirement Payments TOTAL PUBLIC FUNDS Reconciliation of Fund Availability to Fund Application TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant Federal Funds Not Itemized Low-Income Home Energy Assistance CFDA93.568 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Block Grant CFDA 93.558 Temporary Assistance for Needy Families Unobligated Balance TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Reserved Fund Balances Not Itemized Section 1: Georgia Senate TOTAL STATE FUNDS State General Funds $230,245,535 $232,118,461 $80,832 $6,300 $56,220 ($2,025,041) $8,763 $741,520,000 $230,245,535 $232,118,461 $80,832 $6,300 $56,220 ($2,025,041) $8,763 $726,726,411 $146,943 $250,047,503 $80,000 $8,275,348 $232,118,461 $10,022,000 $94,332 $1,317,420 $156,220 ($2,025,041) $8,763 $1,233,109,093 $146,943 $251,360,067 $80,000 $8,237,885 $232,118,461 $10,022,000 $94,332 $1,317,420 $156,220 ($675,014) $8,763 $1,270,980,889 $128,287,019 $222,813 $987,001 $286,964 $286,964 $128,287,019 $222,813 $987,001 $286,964 $286,964 $186,905,111 $222,813 $44,900,427 $987,001 $186,705,111 $222,813 $44,900,427 $987,001 $126,790,241 $126,790,241 $140,794,870 $140,794,870 $166,869,021 ($14,000,000) $166,869,021 $166,869,021 $166,869,021 $166,869,021 $166,869,021 $165,869,021 $165,869,021 $165,869,021 $166,049,021 $166,049,021 $166,049,021 Section Total - Continuation $9,715,183 $9,715,183 $9,715,183 $9,715,183 $9,715,183 $9,715,183 $9,715,183 $9,715,183 2102 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $9,715,183 $9,715,183 $9,715,183 Section Total - Final TOTAL STATE FUNDS $9,715,183 $9,715,183 $9,715,183 State General Funds $9,715,183 $9,715,183 $9,715,183 TOTAL PUBLIC FUNDS $9,715,183 $9,715,183 $9,715,183 Lieutenant Governor's Office Continuation Budget TOTAL STATE FUNDS $813,497 $813,497 $813,497 State General Funds $813,497 $813,497 $813,497 TOTAL PUBLIC FUNDS $813,497 $813,497 $813,497 1. Lieutenant Governor's Office Appropriation (HB1026) TOTAL STATE FUNDS $813,497 $813,497 $813,497 State General Funds $813,497 $813,497 $813,497 TOTAL PUBLIC FUNDS $813,497 $813,497 $813,497 Secretary of the Senate's Office Continuation Budget TOTAL STATE FUNDS $1,212,412 $1,212,412 $1,212,412 State General Funds $1,212,412 $1,212,412 $1,212,412 TOTAL PUBLIC FUNDS $1,212,412 $1,212,412 $1,212,412 2. Secretary of the Senate's Office Appropriation (HB1026) TOTAL STATE FUNDS $1,212,412 $1,212,412 $1,212,412 State General Funds $1,212,412 $1,212,412 $1,212,412 TOTAL PUBLIC FUNDS $1,212,412 $1,212,412 $1,212,412 Senate Continuation Budget TOTAL STATE FUNDS $6,689,602 $6,689,602 $6,689,602 State General Funds $6,689,602 $6,689,602 $6,689,602 TOTAL PUBLIC FUNDS $6,689,602 $6,689,602 $6,689,602 3. Senate Appropriation (HB1026) TOTAL STATE FUNDS $6,689,602 $6,689,602 $6,689,602 State General Funds $6,689,602 $6,689,602 $6,689,602 TOTAL PUBLIC FUNDS $6,689,602 $6,689,602 $6,689,602 Senate Budget and Evaluation Office Continuation Budget The purpose is to provide budget development and evaluation expertise to the State Senate. $9,715,183 $9,715,183 $9,715,183 $9,715,183 $813,497 $813,497 $813,497 $813,497 $813,497 $813,497 $1,212,412 $1,212,412 $1,212,412 $1,212,412 $1,212,412 $1,212,412 $6,689,602 $6,689,602 $6,689,602 $6,689,602 $6,689,602 $6,689,602 WEDNESDAY, MARCH 8, 2006 2103 TOTAL STATE FUNDS $999,672 $999,672 $999,672 State General Funds $999,672 $999,672 $999,672 TOTAL PUBLIC FUNDS $999,672 $999,672 $999,672 4. Senate Budget and Evaluation Office Appropriation (HB1026) The purpose is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $999,672 $999,672 $999,672 State General Funds $999,672 $999,672 $999,672 TOTAL PUBLIC FUNDS $999,672 $999,672 $999,672 Section 2: Georgia House of Representatives $999,672 $999,672 $999,672 $999,672 $999,672 $999,672 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 5. House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 Section Total - Final $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 Continuation Budget $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 Appropriation (HB1026) $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 $17,216,615 Section Total - Continuation $10,154,263 $10,154,263 $10,154,263 $10,154,263 $10,154,263 $10,154,263 $10,154,263 $10,154,263 2104 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $10,154,263 $10,154,263 $10,154,263 $10,154,263 Section Total - Final TOTAL STATE FUNDS $10,154,263 $10,154,263 $10,154,263 $10,154,263 State General Funds $10,154,263 $10,154,263 $10,154,263 $10,154,263 TOTAL PUBLIC FUNDS $10,154,263 $10,154,263 $10,154,263 $10,154,263 Ancillary Activities Continuation Budget The purpose is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,933,862 $4,933,862 $4,933,862 $4,933,862 State General Funds $4,933,862 $4,933,862 $4,933,862 $4,933,862 TOTAL PUBLIC FUNDS $4,933,862 $4,933,862 $4,933,862 $4,933,862 6. Ancillary Activities Appropriation (HB1026) The purpose is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,933,862 $4,933,862 $4,933,862 $4,933,862 State General Funds $4,933,862 $4,933,862 $4,933,862 $4,933,862 TOTAL PUBLIC FUNDS $4,933,862 $4,933,862 $4,933,862 $4,933,862 Legislative Fiscal Office Continuation Budget 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 STATE FUNDS $2,209,558 $2,209,558 $2,209,558 $2,209,558 State General Funds $2,209,558 $2,209,558 $2,209,558 $2,209,558 TOTAL PUBLIC FUNDS $2,209,558 $2,209,558 $2,209,558 $2,209,558 7. Legislative Fiscal Office Appropriation (HB1026) 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 STATE FUNDS $2,209,558 $2,209,558 $2,209,558 $2,209,558 State General Funds $2,209,558 $2,209,558 $2,209,558 $2,209,558 TOTAL PUBLIC FUNDS $2,209,558 $2,209,558 $2,209,558 $2,209,558 Office of Legislative Counsel Continuation Budget The purpose is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $3,010,843 $3,010,843 $3,010,843 $3,010,843 State General Funds $3,010,843 $3,010,843 $3,010,843 $3,010,843 WEDNESDAY, MARCH 8, 2006 2105 TOTAL PUBLIC FUNDS $3,010,843 $3,010,843 $3,010,843 8. Office of Legislative Counsel Appropriation (HB1026) The purpose is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $3,010,843 $3,010,843 $3,010,843 State General Funds $3,010,843 $3,010,843 $3,010,843 TOTAL PUBLIC FUNDS $3,010,843 $3,010,843 $3,010,843 $3,010,843 $3,010,843 $3,010,843 $3,010,843 Section 4: Audits and Accounts, Department of Section Total - Continuation TOTAL STATE FUNDS $30,095,144 $30,095,144 $30,095,144 $30,095,144 State General Funds $30,095,144 $30,095,144 $30,095,144 $30,095,144 TOTAL PUBLIC FUNDS $30,095,144 $30,095,144 $30,095,144 $30,095,144 Section Total - Final TOTAL STATE FUNDS $30,095,144 $29,814,719 $29,714,719 $29,714,719 State General Funds $30,095,144 $29,814,719 $29,714,719 $29,714,719 TOTAL PUBLIC FUNDS $30,095,144 $29,814,719 $29,714,719 $29,714,719 Departmental Administration Continuation Budget The purpose is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,596,639 $1,596,639 $1,596,639 $1,596,639 State General Funds $1,596,639 $1,596,639 $1,596,639 $1,596,639 TOTAL PUBLIC FUNDS $1,596,639 $1,596,639 $1,596,639 $1,596,639 9. Departmental Administration Appropriation (HB1026) The purpose is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,596,639 $1,596,639 $1,596,639 $1,596,639 State General Funds $1,596,639 $1,596,639 $1,596,639 $1,596,639 TOTAL PUBLIC FUNDS $1,596,639 $1,596,639 $1,596,639 $1,596,639 Financial Audits Continuation Budget 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. 2106 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $22,831,899 $22,831,899 $22,831,899 $22,831,899 State General Funds $22,831,899 $22,831,899 $22,831,899 $22,831,899 TOTAL PUBLIC FUNDS $22,831,899 $22,831,899 $22,831,899 $22,831,899 Changes in the Size of the Program 10.1 Reduce funds. State General Funds ($280,425) ($380,425) ($380,425) 10. Financial Audits Appropriation (HB1026) 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 STATE FUNDS $22,831,899 $22,551,474 $22,451,474 $22,451,474 State General Funds $22,831,899 $22,551,474 $22,451,474 $22,451,474 TOTAL PUBLIC FUNDS $22,831,899 $22,551,474 $22,451,474 $22,451,474 Information Systems Audits Continuation Budget 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 STATE FUNDS $1,076,951 $1,076,951 $1,076,951 $1,076,951 State General Funds $1,076,951 $1,076,951 $1,076,951 $1,076,951 TOTAL PUBLIC FUNDS $1,076,951 $1,076,951 $1,076,951 $1,076,951 11. Information Systems Audits Appropriation (HB1026) 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 STATE FUNDS $1,076,951 $1,076,951 $1,076,951 $1,076,951 State General Funds $1,076,951 $1,076,951 $1,076,951 $1,076,951 TOTAL PUBLIC FUNDS $1,076,951 $1,076,951 $1,076,951 $1,076,951 Legislative Services Continuation Budget The purpose is to provide information on retirement system services, promulgation of statewide policies and procedures and provide fiscal note services. TOTAL STATE FUNDS $110,575 $110,575 $110,575 $110,575 State General Funds $110,575 $110,575 $110,575 $110,575 TOTAL PUBLIC FUNDS $110,575 $110,575 $110,575 $110,575 WEDNESDAY, MARCH 8, 2006 2107 12. Legislative Services Appropriation (HB1026) The purpose is to provide information on retirement system services, promulgation of statewide policies and procedures and provide fiscal note services. TOTAL STATE FUNDS $110,575 $110,575 $110,575 $110,575 State General Funds $110,575 $110,575 $110,575 $110,575 TOTAL PUBLIC FUNDS $110,575 $110,575 $110,575 $110,575 Performance Audits Continuation Budget The purpose is to audit state programs to determine their efficiency, effectiveness, economy of operations, and compliance with laws and rules. TOTAL STATE FUNDS $2,426,566 $2,426,566 $2,426,566 $2,426,566 State General Funds $2,426,566 $2,426,566 $2,426,566 $2,426,566 TOTAL PUBLIC FUNDS $2,426,566 $2,426,566 $2,426,566 $2,426,566 13. Performance Audits Appropriation (HB1026) The purpose is to audit state programs to determine their efficiency, effectiveness, economy of operations, and compliance with laws and rules. TOTAL STATE FUNDS $2,426,566 $2,426,566 $2,426,566 $2,426,566 State General Funds $2,426,566 $2,426,566 $2,426,566 $2,426,566 TOTAL PUBLIC FUNDS $2,426,566 $2,426,566 $2,426,566 $2,426,566 Statewide Equalized Adjusted Property Tax Digest Continuation Budget 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 STATE FUNDS $2,052,514 $2,052,514 $2,052,514 $2,052,514 State General Funds $2,052,514 $2,052,514 $2,052,514 $2,052,514 TOTAL PUBLIC FUNDS $2,052,514 $2,052,514 $2,052,514 $2,052,514 14. Statewide Equalized Adjusted Property Tax Digest Appropriation (HB1026) 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 STATE FUNDS $2,052,514 $2,052,514 $2,052,514 $2,052,514 State General Funds $2,052,514 $2,052,514 $2,052,514 $2,052,514 TOTAL PUBLIC FUNDS $2,052,514 $2,052,514 $2,052,514 $2,052,514 2108 JOURNAL OF THE HOUSE Section 5: Appeals, Court of Section Total - Continuation TOTAL STATE FUNDS $12,537,586 $12,537,586 $12,537,586 $12,537,586 State General Funds $12,537,586 $12,537,586 $12,537,586 $12,537,586 TOTAL AGENCY FUNDS $90,000 $90,000 $90,000 $90,000 Sales and Services $90,000 $90,000 $90,000 $90,000 TOTAL PUBLIC FUNDS $12,627,586 $12,627,586 $12,627,586 $12,627,586 Section Total - Final TOTAL STATE FUNDS $13,707,520 $14,057,520 $13,707,520 $13,957,520 State General Funds $13,707,520 $14,057,520 $13,707,520 $13,957,520 TOTAL AGENCY FUNDS $90,000 $90,000 $90,000 $90,000 Sales and Services $90,000 $90,000 $90,000 $90,000 TOTAL PUBLIC FUNDS $13,797,520 $14,147,520 $13,797,520 $14,047,520 Court of Appeals Continuation Budget 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 STATE FUNDS $12,537,586 $12,537,586 $12,537,586 $12,537,586 State General Funds $12,537,586 $12,537,586 $12,537,586 $12,537,586 TOTAL AGENCY FUNDS $90,000 $90,000 $90,000 $90,000 Sales and Services $90,000 $90,000 $90,000 $90,000 Sales and Services Not Itemized $90,000 $90,000 $90,000 $90,000 TOTAL PUBLIC FUNDS $12,627,586 $12,627,586 $12,627,586 $12,627,586 Changes in Operations / Administration 15.1 Provide additional funding due to adjusted contractual price for legal online research ($7,745), new GTA charge to PeopleSoft agencies ($6,588), and increased software license and maintenance fees ($13,665). State General Funds $27,998 $27,998 $27,998 $27,998 15.2 Increase in Rent. State General Funds $49,622 $49,622 $49,622 $49,622 One-Time Expense 15.3 Provide funding for relocation and renovation of office space for administrative offices ($512,619) in the Health Building and three judges' offices ($563,881) in the Judicial Building. WEDNESDAY, MARCH 8, 2006 2109 State General Funds $1,076,500 $1,076,500 $1,076,500 $1,076,500 15.5 Provide funding for security cameras. State General Funds $350,000 $0 $250,000 Changes in the Size of the Program 15.4 Provide additional funds to cover Merit System Assessments and drug testing for staff. State General Funds $15,814 $15,814 $15,814 $15,814 15. Court of Appeals Appropriation (HB1026) 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 STATE FUNDS $13,707,520 $14,057,520 $13,707,520 $13,957,520 State General Funds $13,707,520 $14,057,520 $13,707,520 $13,957,520 TOTAL AGENCY FUNDS $90,000 $90,000 $90,000 $90,000 Sales and Services $90,000 $90,000 $90,000 $90,000 Sales and Services Not Itemized $90,000 $90,000 $90,000 $90,000 TOTAL PUBLIC FUNDS $13,797,520 $14,147,520 $13,797,520 $14,047,520 Section 6: Judicial Council TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Block Grant CFDA93.959 TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $13,176,292 $13,176,292 $13,176,292 $13,176,292 $13,176,292 $13,176,292 $13,176,292 $13,176,292 $13,176,292 $13,176,292 $13,176,292 Section Total - Final $13,176,292 $13,307,498 $13,307,498 $12,597,498 $13,076,498 $13,307,498 $13,307,498 $12,597,498 $13,076,498 $235,282 $235,282 $2,591,770 $2,591,770 $235,282 $235,282 $2,258,437 $2,258,437 $333,333 $333,333 $13,542,780 $13,542,780 $633,460 $633,460 $15,822,728 $633,460 $633,460 $16,301,728 2110 JOURNAL OF THE HOUSE Georgia Office of Dispute Resolution Continuation Budget The purpose is to oversee the development of court-connected alternative dispute resolution programs in Georgia. TOTAL STATE FUNDS $362,494 $362,494 $362,494 $362,494 State General Funds $362,494 $362,494 $362,494 $362,494 TOTAL PUBLIC FUNDS $362,494 $362,494 $362,494 $362,494 Changes in the Size of the Program 16.1 Recognize agency funds collected from conference and registration fees. Sales and Services Not Itemized $189,640 $189,640 16. Georgia Office of Dispute Resolution Appropriation (HB1026) The purpose is to oversee the development of court-connected alternative dispute resolution programs in Georgia. TOTAL STATE FUNDS $362,494 $362,494 $362,494 $362,494 State General Funds $362,494 $362,494 $362,494 $362,494 TOTAL AGENCY FUNDS $189,640 $189,640 Sales and Services $189,640 $189,640 Sales and Services Not Itemized $189,640 $189,640 TOTAL PUBLIC FUNDS $362,494 $362,494 $552,134 $552,134 Institute of Continuing Judicial Education Continuation Budget 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 STATE FUNDS $1,126,382 $1,126,382 $1,126,382 $1,126,382 State General Funds $1,126,382 $1,126,382 $1,126,382 $1,126,382 TOTAL PUBLIC FUNDS $1,126,382 $1,126,382 $1,126,382 $1,126,382 Changes in the Size of the Program 17.1 Provide funding for personal security summit, a course which provides training specifically on the steps that judges and court personnel should themselves take to enhance their own security situations. (S and CC: Look for other alternatives at no cost) State General Funds $10,000 $10,000 $0 $0 17.2 Recognize agency funds collected from magistrate tuition, municipal tuition, and registration fees. Sales and Services Not Itemized $214,326 $214,326 WEDNESDAY, MARCH 8, 2006 2111 17. Institute of Continuing Judicial Education Appropriation (HB1026) 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 STATE FUNDS $1,136,382 $1,136,382 $1,126,382 $1,126,382 State General Funds $1,136,382 $1,136,382 $1,126,382 $1,126,382 TOTAL AGENCY FUNDS $214,326 $214,326 Sales and Services $214,326 $214,326 Sales and Services Not Itemized $214,326 $214,326 TOTAL PUBLIC FUNDS $1,136,382 $1,136,382 $1,340,708 $1,340,708 Judicial Council Continuation Budget 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 STATE FUNDS $10,629,370 $10,629,370 $10,629,370 $10,629,370 State General Funds $10,629,370 $10,629,370 $10,629,370 $10,629,370 TOTAL PUBLIC FUNDS $10,629,370 $10,629,370 $10,629,370 $10,629,370 Changes in the Size of the Program 18.1 Provide matching funds for new federal grant applied for to expand the Child Support Judicial Liaison program. State General Funds $121,206 $121,206 $121,206 $121,206 Federal Funds Not Itemized $235,282 $235,282 $235,282 $235,282 TOTAL PUBLIC FUNDS $356,488 $356,488 $356,488 $356,488 18.2 Recognize agency funds collected through foundation grants, document sales, registration fees, and miscellaneous revenue. Sales and Services Not Itemized $229,494 $229,494 18.3 Adjust base budget to reflect non-itemized program adjustments over the past five years. Reduction in Administration not direct services. State General Funds ($700,000) ($221,000) 18.4 Recognize funds from federal grants to evaluate and improve the process of civil child abuse and neglect cases. Federal Funds Not Itemized $718,274 $718,274 18.5 Recognize funds received from federal grants to develop a web-based Uniform Traffic Citation Improvement Program in Georgia courts to facilitate electronic transmission of traffic citation data to meet new federal requirements. 2112 JOURNAL OF THE HOUSE Federal Funds Not Itemized $157,600 $157,600 18.6 Recognize federal funds received for the National Highway Safety Demonstration Project to fund three pilot DUI Courts. Federal Funds Not Itemized $200,000 $200,000 18.7 Recognize federal funds received to develop a data collection system for Juvenile Court performance measures. Federal Funds Not Itemized $200,000 $200,000 18.8 Recognize federal funds received for Drug Courts. Federal Funds Not Itemized $223,209 $223,209 18.9 Recognize federal funds received to provide classes in coping skills, anger management, family interaction and communication, parenting and self-esteem for Juvenile Courts. Federal Funds Not Itemized $7,875 $7,875 18.10 Recognize federal funds to provide funding for an e-filing system to be developed to allow the Office of Child Support Guidelines Commission to electronically file documents. Federal Funds Not Itemized $516,197 $516,197 18.11 Recognize federal funds to provide staffing for the Georgia Alliance for Drug Endangered Children. Prevention & Treatment of Substance Abuse Block Grant $333,333 $333,333 CFDA93.959 18. Judicial Council Appropriation (HB1026) 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 STATE FUNDS $10,750,576 $10,750,576 $10,050,576 $10,529,576 State General Funds $10,750,576 $10,750,576 $10,050,576 $10,529,576 TOTAL FEDERAL FUNDS $235,282 $235,282 $2,591,770 $2,591,770 Federal Funds Not Itemized $235,282 $235,282 $2,258,437 $2,258,437 Prevention & Treatment of Substance Abuse Block Grant $333,333 $333,333 CFDA93.959 TOTAL AGENCY FUNDS $229,494 $229,494 Sales and Services $229,494 $229,494 Sales and Services Not Itemized $229,494 $229,494 TOTAL PUBLIC FUNDS $10,985,858 $10,985,858 $12,871,840 $13,350,840 Judicial Qualifications Commission Continuation Budget WEDNESDAY, MARCH 8, 2006 2113 The purpose is to discipline, remove, and cause involuntary retirement of judges. TOTAL STATE FUNDS $258,046 $258,046 $258,046 $258,046 State General Funds $258,046 $258,046 $258,046 $258,046 TOTAL PUBLIC FUNDS $258,046 $258,046 $258,046 $258,046 19. Judicial Qualifications Commission Appropriation (HB1026) The purpose is to discipline, remove, and cause involuntary retirement of judges. TOTAL STATE FUNDS $258,046 $258,046 $258,046 $258,046 State General Funds $258,046 $258,046 $258,046 $258,046 TOTAL PUBLIC FUNDS $258,046 $258,046 $258,046 $258,046 Resource Center Continuation Budget The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings. TOTAL STATE FUNDS $800,000 $800,000 $800,000 $800,000 State General Funds $800,000 $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $800,000 $800,000 $800,000 $800,000 20. Resource Center Appropriation (HB1026) The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings. TOTAL STATE FUNDS $800,000 $800,000 $800,000 $800,000 State General Funds $800,000 $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $800,000 $800,000 $800,000 $800,000 Section 7: Juvenile Courts TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $6,233,940 $6,233,940 $6,233,940 $6,233,940 $6,233,940 $6,233,940 $6,233,940 $6,233,940 $6,233,940 Section Total - Final $6,292,039 $6,292,039 $6,292,039 $6,292,039 $6,292,039 $6,292,039 $1,102,706 $1,102,706 $6,292,039 $6,292,039 $7,394,745 $6,233,940 $6,233,940 $6,233,940 $6,292,039 $6,292,039 $1,102,706 $1,102,706 $7,394,745 2114 JOURNAL OF THE HOUSE Council of Juvenile Court Judges Continuation Budget 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 STATE FUNDS $1,519,101 $1,519,101 $1,519,101 $1,519,101 State General Funds $1,519,101 $1,519,101 $1,519,101 $1,519,101 TOTAL PUBLIC FUNDS $1,519,101 $1,519,101 $1,519,101 $1,519,101 Changes in Operations / Administration 21.1 Transfer funds to Grants to Counties for Juvenile Court Judges to properly place funds for new judgeships created in HB85. State General Funds ($41,603) ($41,603) Changes in the Size of the Program 21.2 Recognize federal funds for the purchase of services for juvenile offenders that provides alternatives to institutional treatment and hopes to reduce formal court involvement, recidivism rates, and incarceration of minors. Federal Funds Not Itemized $1,102,706 $1,102,706 21. Council of Juvenile Court Judges Appropriation (HB1026) 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 STATE FUNDS $1,519,101 $1,519,101 $1,477,498 $1,477,498 State General Funds $1,519,101 $1,519,101 $1,477,498 $1,477,498 TOTAL FEDERAL FUNDS $1,102,706 $1,102,706 Federal Funds Not Itemized $1,102,706 $1,102,706 TOTAL PUBLIC FUNDS $1,519,101 $1,519,101 $2,580,204 $2,580,204 Grants to Counties for Juvenile Court Judges Continuation Budget This program mandates payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $4,714,839 $4,714,839 $4,714,839 $4,714,839 State General Funds $4,714,839 $4,714,839 $4,714,839 $4,714,839 TOTAL PUBLIC FUNDS $4,714,839 $4,714,839 $4,714,839 $4,714,839 Changes in Operations / Administration 22.1 Provide funding for increased request from Toombs County to increase judge days from two days to three days per week. State General Funds $10,430 $10,430 $10,430 $10,430 WEDNESDAY, MARCH 8, 2006 2115 22.2 Provide funding for salary supplements as required by HB334. State General Funds $47,669 $47,669 $47,669 $47,669 22.3 Transfer funds from Council of Juvenile Court Judges to properly place funds for new judgeships created in HB85. State General Funds $41,603 $41,603 22. Grants to Counties for Juvenile Court Judges Appropriation (HB1026) This program mandates payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $4,772,938 $4,772,938 $4,814,541 $4,814,541 State General Funds $4,772,938 $4,772,938 $4,814,541 $4,814,541 TOTAL PUBLIC FUNDS $4,772,938 $4,772,938 $4,814,541 $4,814,541 Section 8: Prosecuting Attorneys Section Total - Continuation TOTAL STATE FUNDS $43,925,448 $43,925,448 $43,925,448 $43,925,448 State General Funds $43,925,448 $43,925,448 $43,925,448 $43,925,448 TOTAL AGENCY FUNDS $1,767,046 $1,767,046 $1,767,046 $1,767,046 Sales and Services $1,767,046 $1,767,046 $1,767,046 $1,767,046 TOTAL PUBLIC FUNDS $45,692,494 $45,692,494 $45,692,494 $45,692,494 Section Total - Final TOTAL STATE FUNDS $51,014,615 $49,964,615 $49,409,578 $49,409,578 State General Funds $51,014,615 $49,964,615 $49,409,578 $49,409,578 TOTAL FEDERAL FUNDS $2,260,495 $2,151,046 Federal Funds Not Itemized $2,260,495 $2,151,046 TOTAL AGENCY FUNDS $1,767,046 $1,767,046 $4,004,800 $4,004,800 Intergovernmental Transfers $4,004,800 $4,004,800 Sales and Services $1,767,046 $1,767,046 TOTAL PUBLIC FUNDS $52,781,661 $51,731,661 $55,674,873 $55,565,424 District Attorneys Continuation Budget 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 STATE FUNDS $39,495,618 $39,495,618 $39,495,618 $39,495,618 State General Funds $39,495,618 $39,495,618 $39,495,618 $39,495,618 2116 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS $1,767,046 $1,767,046 $1,767,046 $1,767,046 Sales and Services $1,767,046 $1,767,046 $1,767,046 $1,767,046 Sales and Services Not Itemized $1,767,046 $1,767,046 $1,767,046 $1,767,046 TOTAL PUBLIC FUNDS $41,262,664 $41,262,664 $41,262,664 $41,262,664 Changes in Operations / Administration 23.1 Provide funds for one month of payroll. State General Funds $3,506,460 $2,972,720 $2,972,720 $2,972,720 23.2 Provide funds for steps and promotions for January through June 2006. State General Funds $549,699 $549,699 $549,699 $549,699 23.3 Provide funds for 2% pay raise effective January 2006. State General Funds $421,046 $421,046 $421,046 $421,046 23.4 Provide funds for operating for two months. State General Funds $357,634 $357,634 $357,634 $357,634 Changes in How the Program is Funded 23.9 Change base budget in agency funds to correct fund source type. Federal Funds Not Itemized $1,767,046 $1,767,046 Sales and Services Not Itemized ($1,767,046) ($1,767,046) TOTAL PUBLIC FUNDS $0 $0 Changes in the Size of the Program 23.5 Provide funds for five additional Assistant District Attorneys due to additional judgeships in Flint, Appalachian, Gwinnett, Southern, and Cherokee circuits. State General Funds $194,145 $0 $0 $0 23.6 Provide funds for seven additional Victim Advocates. State General Funds $148,131 $0 $0 $0 23.7 Recognize funds. Federal Funds Not Itemized $493,449 $0 Intergovernmental Transfers Not Itemized $4,004,800 $4,004,800 TOTAL PUBLIC FUNDS $4,498,249 $4,004,800 23.8 Transfer funds to Prosecuting Attorney's Council to properly place funds for the Capital Litigation Division created in HB85. State General Funds ($300,000) ($300,000) WEDNESDAY, MARCH 8, 2006 2117 23. District Attorneys Appropriation (HB1026) 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 STATE FUNDS $44,672,733 $43,796,717 $43,496,717 $43,496,717 State General Funds $44,672,733 $43,796,717 $43,496,717 $43,496,717 TOTAL FEDERAL FUNDS $2,260,495 $1,767,046 Federal Funds Not Itemized $2,260,495 $1,767,046 TOTAL AGENCY FUNDS $1,767,046 $1,767,046 $4,004,800 $4,004,800 Intergovernmental Transfers $4,004,800 $4,004,800 Intergovernmental Transfers Not Itemized $4,004,800 $4,004,800 Sales and Services $1,767,046 $1,767,046 Sales and Services Not Itemized $1,767,046 $1,767,046 TOTAL PUBLIC FUNDS $46,439,779 $45,563,763 $49,762,012 $49,268,563 Prosecuting Attorney's Council Continuation Budget This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $4,429,830 $4,429,830 $4,429,830 $4,429,830 State General Funds $4,429,830 $4,429,830 $4,429,830 $4,429,830 TOTAL PUBLIC FUNDS $4,429,830 $4,429,830 $4,429,830 $4,429,830 Changes in Operations / Administration 24.1 Provide funds for intern positions. State General Funds $83,160 $83,160 $83,160 $83,160 24.2 Provide funds for four months payroll. State General Funds $1,234,200 $1,234,200 $0 $0 24.3 Provide funds for operating for two months. State General Funds $326,165 $326,165 $0 $0 24.4 Provide funds for real estate increases. State General Funds $27,214 $27,214 $27,214 $27,214 24.5 Annualize the FY2005 Pay Raise of 2% effective January 2005. State General Funds $30,072 $30,072 $0 $0 24.6 Provide funds for the FY2006 pay raise of 2% effective January 2006. State General Funds $37,257 $37,257 $37,257 $37,257 2118 JOURNAL OF THE HOUSE 24.9 Restore budget to HB85 level. State General Funds $1,035,400 $1,035,400 Changes in the Size of the Program 24.7 Provide for three positions in the capital litigation group - two attorneys and one investigator. State General Funds $173,984 $0 $0 $0 24.8 Transfer funds from District Attorneys to properly place funds for the Capital Litigation Division created in HB85. State General Funds $300,000 $300,000 24.10 Recognize federal funds. Federal Funds Not Itemized $384,000 TOTAL PUBLIC FUNDS $384,000 24. Prosecuting Attorney's Council Appropriation (HB1026) This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $6,341,882 $6,167,898 $5,912,861 $5,912,861 State General Funds $6,341,882 $6,167,898 $5,912,861 $5,912,861 TOTAL FEDERAL FUNDS $384,000 Federal Funds Not Itemized $384,000 TOTAL PUBLIC FUNDS $6,341,882 $6,167,898 $5,912,861 $6,296,861 Section 9: Public Defender Standards Council, Georgia TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income TOTAL PUBLIC FUNDS Section Total - Continuation $42,079,060 $42,079,060 $42,079,060 $42,079,060 $42,079,060 $42,079,060 $42,079,060 $42,079,060 $1,972,832 $1,972,832 $1,972,832 $1,972,832 $1,972,832 $1,972,832 $1,972,832 $1,972,832 $44,051,892 $44,051,892 $44,051,892 Section Total - Final $44,051,892 $42,241,266 $40,241,266 $37,079,060 $37,079,060 $42,241,266 $40,241,266 $37,079,060 $37,079,060 $1,972,832 $1,972,832 $3,359,775 $3,359,775 $1,972,832 $1,972,832 $3,359,775 $3,359,775 $44,214,098 $42,214,098 $40,438,835 $40,438,835 WEDNESDAY, MARCH 8, 2006 2119 Public Defender Standards Council Continuation Budget The Standards Council provides administrative, fiscal, appellate, and technology support to public defender offices including all training. The Standards Council also represents 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 STATE FUNDS $10,607,210 $10,607,210 $10,607,210 $10,607,210 State General Funds $10,607,210 $10,607,210 $10,607,210 $10,607,210 TOTAL AGENCY FUNDS $559,797 $559,797 $559,797 $559,797 Interest and Investment Income $559,797 $559,797 $559,797 $559,797 Interest and Investment Income Not Itemized $559,797 $559,797 $559,797 $559,797 TOTAL PUBLIC FUNDS $11,167,007 $11,167,007 $11,167,007 $11,167,007 Changes in the Size of the Program 25.1 Reduce operating funds. State General Funds ($2,000,000) ($2,000,000) 25.2 Recognize funds collected from the Clerk and Sheriffs Interest Fund. Interest and Investment Income Not Itemized $329,989 $329,989 25. Public Defender Standards Council Appropriation (HB1026) The Standards Council provides administrative, fiscal, appellate, and technology support to public defender offices including all training. The Standards Council also represents 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 STATE FUNDS $10,607,210 $10,607,210 $8,607,210 $8,607,210 State General Funds $10,607,210 $10,607,210 $8,607,210 $8,607,210 TOTAL AGENCY FUNDS $559,797 $559,797 $889,786 $889,786 Interest and Investment Income $559,797 $559,797 $889,786 $889,786 Interest and Investment Income Not Itemized $559,797 $559,797 $889,786 $889,786 TOTAL PUBLIC FUNDS $11,167,007 $11,167,007 $9,496,996 $9,496,996 Public Defenders Continuation Budget 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 STATE FUNDS $31,471,850 $31,471,850 $31,471,850 $31,471,850 State General Funds $31,471,850 $31,471,850 $31,471,850 $31,471,850 2120 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS $1,413,035 $1,413,035 $1,413,035 $1,413,035 Interest and Investment Income $1,413,035 $1,413,035 $1,413,035 $1,413,035 Interest and Investment Income Not Itemized $1,413,035 $1,413,035 $1,413,035 $1,413,035 TOTAL PUBLIC FUNDS $32,884,885 $32,884,885 $32,884,885 $32,884,885 Changes in the Size of the Program 26.1 Provide additional funds for positions added in circuits for five new judgeships in Flint, Appalachian, Gwinnett, Southern, and Cherokee circuits. State General Funds $162,206 $162,206 $0 $0 26.2 Reduce operating funds. State General Funds ($2,000,000) ($3,000,000) ($3,000,000) 26.3 Recognize additional funds collected from the Interest On Lawyer Trust Accounts. Interest and Investment Income Not Itemized $1,056,954 $1,056,954 26. Public Defenders Appropriation (HB1026) 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 STATE FUNDS $31,634,056 $29,634,056 $28,471,850 $28,471,850 State General Funds $31,634,056 $29,634,056 $28,471,850 $28,471,850 TOTAL AGENCY FUNDS $1,413,035 $1,413,035 $2,469,989 $2,469,989 Interest and Investment Income $1,413,035 $1,413,035 $2,469,989 $2,469,989 Interest and Investment Income Not Itemized $1,413,035 $1,413,035 $2,469,989 $2,469,989 TOTAL PUBLIC FUNDS $33,047,091 $31,047,091 $30,941,839 $30,941,839 Section 10: Superior Courts TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $51,488,656 $51,488,656 $51,488,656 $51,488,656 $51,488,656 $51,488,656 $51,488,656 $51,488,656 $51,488,656 $51,488,656 $51,488,656 Section Total - Final $51,488,656 $52,371,465 $52,371,465 $52,371,465 $52,371,465 $52,371,465 $52,371,465 $52,371,465 $52,371,465 $52,371,465 $52,371,465 $52,371,465 $52,371,465 WEDNESDAY, MARCH 8, 2006 2121 Council of Superior Court Clerks Continuation Budget 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 STATE FUNDS $144,925 $144,925 $144,925 $144,925 State General Funds $144,925 $144,925 $144,925 $144,925 TOTAL PUBLIC FUNDS $144,925 $144,925 $144,925 $144,925 27. Council of Superior Court Clerks Appropriation (HB1026) 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 STATE FUNDS $144,925 $144,925 $144,925 $144,925 State General Funds $144,925 $144,925 $144,925 $144,925 TOTAL PUBLIC FUNDS $144,925 $144,925 $144,925 $144,925 Council of Superior Court Judges Continuation Budget 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 STATE FUNDS $800,000 $800,000 $800,000 $800,000 State General Funds $800,000 $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $800,000 $800,000 $800,000 $800,000 Changes in Operations / Administration 28.1 Provide funds to replace funds removed by Fiscal Affairs transfer. State General Funds $82,809 $82,809 $82,809 $82,809 28. Council of Superior Court Judges Appropriation (HB1026) 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 STATE FUNDS $882,809 $882,809 $882,809 $882,809 State General Funds $882,809 $882,809 $882,809 $882,809 TOTAL PUBLIC FUNDS $882,809 $882,809 $882,809 $882,809 Judicial Administrative Districts Continuation Budget 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 liaison between local and state courts. TOTAL STATE FUNDS $2,253,718 $2,253,718 $2,253,718 $2,253,718 2122 JOURNAL OF THE HOUSE State General Funds $2,253,718 $2,253,718 $2,253,718 $2,253,718 TOTAL PUBLIC FUNDS $2,253,718 $2,253,718 $2,253,718 $2,253,718 29. Judicial Administrative Districts Appropriation (HB1026) 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 liaison between local and state courts. TOTAL STATE FUNDS $2,253,718 $2,253,718 $2,253,718 $2,253,718 State General Funds $2,253,718 $2,253,718 $2,253,718 $2,253,718 TOTAL PUBLIC FUNDS $2,253,718 $2,253,718 $2,253,718 $2,253,718 Statewide Felony and Juvenile Drug Courts Continuation Budget 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 STATE FUNDS $1,000,000 $1,000,000 $1,000,000 $1,000,000 State General Funds $1,000,000 $1,000,000 $1,000,000 $1,000,000 TOTAL PUBLIC FUNDS $1,000,000 $1,000,000 $1,000,000 $1,000,000 30. Statewide Felony and Juvenile Drug Courts Appropriation (HB1026) 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 STATE FUNDS $1,000,000 $1,000,000 $1,000,000 $1,000,000 State General Funds $1,000,000 $1,000,000 $1,000,000 $1,000,000 TOTAL PUBLIC FUNDS $1,000,000 $1,000,000 $1,000,000 $1,000,000 Superior Court Judges Continuation Budget 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 STATE FUNDS $47,290,013 $47,290,013 $47,290,013 $47,290,013 State General Funds $47,290,013 $47,290,013 $47,290,013 $47,290,013 TOTAL PUBLIC FUNDS $47,290,013 $47,290,013 $47,290,013 $47,290,013 Changes in Operations / Administration 31.1 Provide funds to replace funds removed by Fiscal Affairs transfer. State General Funds $800,000 $800,000 $800,000 $800,000 WEDNESDAY, MARCH 8, 2006 2123 31. Superior Court Judges Appropriation (HB1026) 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 STATE FUNDS $48,090,013 $48,090,013 $48,090,013 $48,090,013 State General Funds $48,090,013 $48,090,013 $48,090,013 $48,090,013 TOTAL PUBLIC FUNDS $48,090,013 $48,090,013 $48,090,013 $48,090,013 Section 11: Supreme Court Section Total - Continuation TOTAL STATE FUNDS $7,647,980 $7,647,980 $7,647,980 $7,647,980 State General Funds $7,647,980 $7,647,980 $7,647,980 $7,647,980 TOTAL PUBLIC FUNDS $7,647,980 $7,647,980 $7,647,980 $7,647,980 Section Total - Final TOTAL STATE FUNDS $7,647,980 $7,647,980 $7,647,980 $7,647,980 State General Funds $7,647,980 $7,647,980 $7,647,980 $7,647,980 TOTAL PUBLIC FUNDS $7,647,980 $7,647,980 $7,647,980 $7,647,980 Supreme Court of Georgia Continuation Budget 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 STATE FUNDS $7,647,980 $7,647,980 $7,647,980 $7,647,980 State General Funds $7,647,980 $7,647,980 $7,647,980 $7,647,980 TOTAL PUBLIC FUNDS $7,647,980 $7,647,980 $7,647,980 $7,647,980 32. Supreme Court of Georgia Appropriation (HB1026) 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 STATE FUNDS $7,647,980 $7,647,980 $7,647,980 $7,647,980 State General Funds $7,647,980 $7,647,980 $7,647,980 $7,647,980 TOTAL PUBLIC FUNDS $7,647,980 $7,647,980 $7,647,980 $7,647,980 2124 JOURNAL OF THE HOUSE Section 12: Accounting Office, State Section Total - Continuation TOTAL STATE FUNDS $1,723,889 $1,723,889 $1,723,889 $1,723,889 State General Funds $1,723,889 $1,723,889 $1,723,889 $1,723,889 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $8,855,794 $8,855,794 $8,855,794 $8,855,794 TOTAL PUBLIC FUNDS $10,579,683 $10,579,683 $10,579,683 $10,579,683 Section Total - Final TOTAL STATE FUNDS $4,326,862 $4,326,862 $3,797,878 $4,326,862 State General Funds $4,326,862 $4,326,862 $3,797,878 $4,326,862 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $8,855,794 $8,855,794 $8,855,794 $8,855,794 TOTAL PUBLIC FUNDS $13,182,656 $13,182,656 $12,653,672 $13,182,656 State Accounting Office Continuation Budget 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 STATE FUNDS $1,723,889 $1,723,889 $1,723,889 $1,723,889 State General Funds $1,723,889 $1,723,889 $1,723,889 $1,723,889 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $8,855,794 $8,855,794 $8,855,794 $8,855,794 Accounting System Assessments $8,855,794 $8,855,794 $8,855,794 $8,855,794 TOTAL PUBLIC FUNDS $10,579,683 $10,579,683 $10,579,683 $10,579,683 One-Time Expense 33.1 Provide funding to analyze business processes in the finance and information technology areas and identify improvements and cost saving opportunities. State General Funds $144,000 $144,000 $144,000 $144,000 Changes in the Size of the Program 33.2 Increase funds to implement the consolidated banking initiative. State General Funds $1,758,173 $1,758,173 $1,758,173 $1,758,173 33.3 Increase funds for accounts receivable initiative. State General Funds $700,800 $700,800 $700,800 $700,800 33.4 Reduce funds based on estimated expenditures of only 95% of budget. State General Funds ($528,984) $0 WEDNESDAY, MARCH 8, 2006 2125 33. State Accounting Office Appropriation (HB1026) 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 STATE FUNDS $4,326,862 $4,326,862 $3,797,878 $4,326,862 State General Funds $4,326,862 $4,326,862 $3,797,878 $4,326,862 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $8,855,794 $8,855,794 $8,855,794 $8,855,794 Accounting System Assessments $8,855,794 $8,855,794 $8,855,794 $8,855,794 TOTAL PUBLIC FUNDS $13,182,656 $13,182,656 $12,653,672 $13,182,656 Section 13: Administrative Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Section Total - Continuation $24,762,477 $24,762,477 $24,762,477 $24,762,477 $24,762,477 $24,762,477 $24,762,477 $24,762,477 $9,923,958 $9,923,958 $9,923,958 $9,923,958 $2,020,000 $2,020,000 $2,020,000 $2,020,000 $262,121 $262,121 $262,121 $262,121 $497,831 $497,831 $497,831 $497,831 $210,151 $210,151 $210,151 $210,151 $6,933,855 $6,933,855 $6,933,855 $6,933,855 $143,043,553 $143,043,553 $143,043,553 $143,043,553 $177,729,988 $177,729,988 $177,729,988 Section Total - Final $177,729,988 $24,777,639 $24,777,639 $24,070,030 $24,070,030 $24,777,639 $24,777,639 $24,070,030 $24,070,030 $7,522,105 $7,522,105 $8,209,289 $8,209,289 $2,020,000 $2,020,000 $2,399,184 $2,399,184 $262,121 $262,121 $262,121 $262,121 $497,831 $497,831 $497,831 $497,831 $210,151 $210,151 $210,151 $210,151 $4,532,002 $4,532,002 $4,840,002 $4,840,002 $143,180,605 $143,180,605 $143,842,894 $143,842,894 2126 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $175,480,349 $175,480,349 $176,122,213 Bulk Paper Sales Continuation Budget The purpose is to reduce cost through aggregation of demand for paper in bulk quantities. TOTAL AGENCY FUNDS $2,353,715 $2,353,715 $2,353,715 Sales and Services $2,353,715 $2,353,715 $2,353,715 Sales and Services Not Itemized $2,353,715 $2,353,715 $2,353,715 TOTAL PUBLIC FUNDS $2,353,715 $2,353,715 $2,353,715 Changes in the Size of the Program 34.1 Eliminate the Bulk Paper Sales program. Sales and Services Not Itemized ($2,261,523) ($2,261,523) ($2,261,523) 34.2 Transfer one position and salary to Surplus Property program. Sales and Services Not Itemized ($92,192) ($92,192) ($92,192) Departmental Administration Continuation Budget The purpose is to provide administrative support to all department programs. TOTAL STATE FUNDS $3,514,361 $3,514,361 $3,514,361 State General Funds $3,514,361 $3,514,361 $3,514,361 TOTAL AGENCY FUNDS $849,268 $849,268 $849,268 Interest and Investment Income $62,121 $62,121 $62,121 Interest and Investment Income Not Itemized $62,121 $62,121 $62,121 Royalties and Rents $59,151 $59,151 $59,151 Royalties and Rents Not Itemized $59,151 $59,151 $59,151 Sales and Services $727,996 $727,996 $727,996 Sales and Services Not Itemized $727,996 $727,996 $727,996 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,180,740 $1,180,740 $1,180,740 Agency to Agency Contracts $21,818 $21,818 $21,818 Mail and Courier Services $250,719 $250,719 $250,719 Motor Vehicle Rental Payments $203,686 $203,686 $203,686 Risk Management Assessments $704,517 $704,517 $704,517 TOTAL PUBLIC FUNDS $5,544,369 $5,544,369 $5,544,369 Statewide Changes 35.1 WC, GTA, and GBA $176,122,213 $2,353,715 $2,353,715 $2,353,715 $2,353,715 ($2,261,523) ($92,192) $3,514,361 $3,514,361 $849,268 $62,121 $62,121 $59,151 $59,151 $727,996 $727,996 $1,180,740 $21,818 $250,719 $203,686 $704,517 $5,544,369 WEDNESDAY, MARCH 8, 2006 2127 State General Funds $4,581 $4,581 $4,581 $4,581 Changes in the Size of the Program 35.2 Reduce funds based on current expenditure patterns and the lack of use of Surplus Property Sales funds. State General Funds ($707,609) ($707,609) 35. Departmental Administration Appropriation (HB1026) The purpose is to provide administrative support to all department programs. TOTAL STATE FUNDS $3,518,942 $3,518,942 $2,811,333 $2,811,333 State General Funds $3,518,942 $3,518,942 $2,811,333 $2,811,333 TOTAL AGENCY FUNDS $849,268 $849,268 $849,268 $849,268 Interest and Investment Income $62,121 $62,121 $62,121 $62,121 Interest and Investment Income Not Itemized $62,121 $62,121 $62,121 $62,121 Royalties and Rents $59,151 $59,151 $59,151 $59,151 Royalties and Rents Not Itemized $59,151 $59,151 $59,151 $59,151 Sales and Services $727,996 $727,996 $727,996 $727,996 Sales and Services Not Itemized $727,996 $727,996 $727,996 $727,996 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,180,740 $1,180,740 $1,180,740 $1,180,740 Agency to Agency Contracts $21,818 $21,818 $21,818 $21,818 Mail and Courier Services $250,719 $250,719 $250,719 $250,719 Motor Vehicle Rental Payments $203,686 $203,686 $203,686 $203,686 Risk Management Assessments $704,517 $704,517 $704,517 $704,517 TOTAL PUBLIC FUNDS $5,548,950 $5,548,950 $4,841,341 $4,841,341 Fiscal Services Continuation Budget 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 INTRA-STATE GOVERNMENT TRANSFERS $307,228 $307,228 $307,228 $307,228 Agency to Agency Contracts $307,228 $307,228 $307,228 $307,228 TOTAL PUBLIC FUNDS $307,228 $307,228 $307,228 $307,228 2128 JOURNAL OF THE HOUSE 36. Fiscal Services Appropriation (HB1026) 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 INTRA-STATE GOVERNMENT TRANSFERS $307,228 $307,228 $307,228 $307,228 Agency to Agency Contracts $307,228 $307,228 $307,228 $307,228 TOTAL PUBLIC FUNDS $307,228 $307,228 $307,228 $307,228 Fleet Management Continuation Budget The purpose is to reduce cost through centralized, appropriate, and cost-effective management of the state's motor vehicle fleet. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,409,075 $2,409,075 $2,409,075 $2,409,075 Motor Vehicle Rental Payments $2,409,075 $2,409,075 $2,409,075 $2,409,075 TOTAL PUBLIC FUNDS $2,409,075 $2,409,075 $2,409,075 $2,409,075 One-Time Expense 37.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds to hire a consultant engaged in the collection of Federal Fuel Tax recovery. Motor Vehicle Rental Payments $100,000 $100,000 Changes in the Size of the Program 37.1 Transfer one position and salary from Service Contract Management program. Motor Vehicle Rental Payments $56,220 $56,220 $56,220 $56,220 37. Fleet Management Appropriation (HB1026) The purpose is to reduce cost through centralized, appropriate, and cost-effective management of the state's motor vehicle fleet. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,465,295 $2,465,295 $2,565,295 $2,565,295 Motor Vehicle Rental Payments $2,465,295 $2,465,295 $2,565,295 $2,565,295 TOTAL PUBLIC FUNDS $2,465,295 $2,465,295 $2,565,295 $2,565,295 Mail and Courier Continuation Budget The purpose is to reduce cost through aggregation of demand for Capitol Hill and metro area mail and package delivery services. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,281,259 $1,281,259 $1,281,259 $1,281,259 Mail and Courier Services $1,281,259 $1,281,259 $1,281,259 $1,281,259 WEDNESDAY, MARCH 8, 2006 2129 TOTAL PUBLIC FUNDS $1,281,259 $1,281,259 $1,281,259 $1,281,259 One-Time Expense 38.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds to hire temps. Mail and Courier Services $13,500 $13,500 Changes in the Size of the Program 38.1 Transfer funds and activities from Service Contract Management program. Mail and Courier Services $80,832 $80,832 $80,832 $80,832 38. Mail and Courier Appropriation (HB1026) The purpose is to reduce cost through aggregation of demand for Capitol Hill and metro area mail and package delivery services. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,362,091 $1,362,091 $1,375,591 $1,375,591 Mail and Courier Services $1,362,091 $1,362,091 $1,375,591 $1,375,591 TOTAL PUBLIC FUNDS $1,362,091 $1,362,091 $1,375,591 $1,375,591 Risk Management Continuation Budget The purpose is cost minimization and fair treatment of citizens through effective claims management. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $137,263,943 $137,263,943 $137,263,943 $137,263,943 Agency to Agency Contracts $976,165 $976,165 $976,165 $976,165 Liability Funds $51,741,328 $51,741,328 $51,741,328 $51,741,328 Property Insurance Funds $20,659,798 $20,659,798 $20,659,798 $20,659,798 Unemployment Compensation Funds $8,045,289 $8,045,289 $8,045,289 $8,045,289 Workers Compensation Funds $55,841,363 $55,841,363 $55,841,363 $55,841,363 TOTAL PUBLIC FUNDS $137,263,943 $137,263,943 $137,263,943 $137,263,943 39. Risk Management Appropriation (HB1026) The purpose is cost minimization and fair treatment of citizens through effective claims management. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $137,263,943 $137,263,943 $137,263,943 $137,263,943 Agency to Agency Contracts $976,165 $976,165 $976,165 $976,165 Liability Funds $51,741,328 $51,741,328 $51,741,328 $51,741,328 Property Insurance Funds $20,659,798 $20,659,798 $20,659,798 $20,659,798 Unemployment Compensation Funds $8,045,289 $8,045,289 $8,045,289 $8,045,289 Workers Compensation Funds $55,841,363 $55,841,363 $55,841,363 $55,841,363 TOTAL PUBLIC FUNDS $137,263,943 $137,263,943 $137,263,943 $137,263,943 2130 JOURNAL OF THE HOUSE Service Contract Management Continuation Budget The purpose is to provide customer cost avoidance for service contracts through aggregation of demand, competitive procurement, and contract management. TOTAL AGENCY FUNDS $140,330 $140,330 $140,330 $140,330 Sales and Services $140,330 $140,330 $140,330 $140,330 Sales and Services Not Itemized $140,330 $140,330 $140,330 $140,330 TOTAL PUBLIC FUNDS $140,330 $140,330 $140,330 $140,330 Changes in the Size of the Program 40.1 Eliminate the Service Contract Management program. Sales and Services Not Itemized ($3,278) ($3,278) ($3,278) ($3,278) 40.2 Transfer one position and salary to Fleet Management program. Sales and Services Not Itemized ($56,220) ($56,220) ($56,220) ($56,220) 40.3 Transfer funds and activities to Mail and Courier program. Sales and Services Not Itemized ($80,832) ($80,832) ($80,832) ($80,832) State Purchasing Continuation Budget The purpose is to reduce cost and provide fair and equitable access through open, structured competitive procurement. TOTAL STATE FUNDS $16,623,841 $16,623,841 $16,623,841 $16,623,841 State General Funds $16,623,841 $16,623,841 $16,623,841 $16,623,841 TOTAL AGENCY FUNDS $2,167,831 $2,167,831 $2,167,831 $2,167,831 Reserved Fund Balances $2,020,000 $2,020,000 $2,020,000 $2,020,000 Reserved Fund Balances Not Itemized $2,020,000 $2,020,000 $2,020,000 $2,020,000 Rebates, Refunds, and Reimbursements $147,831 $147,831 $147,831 $147,831 Rebates, Refunds, and Reimbursements Not Itemized $147,831 $147,831 $147,831 $147,831 TOTAL PUBLIC FUNDS $18,791,672 $18,791,672 $18,791,672 $18,791,672 Statewide Changes 42.1 WC, GTA, and GBA State General Funds $6,080 $6,080 $6,080 $6,080 Changes in the Size of the Program 42.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for departmental reserves to add eleven positions for the Enterprise Asset Management Program and funds for ten new positions transferred from GTA. WEDNESDAY, MARCH 8, 2006 2131 Reserved Fund Balances Not Itemized $379,184 $379,184 Agency to Agency Contracts $468,789 $468,789 TOTAL PUBLIC FUNDS $847,973 $847,973 42. State Purchasing Appropriation (HB1026) The purpose is to reduce cost and provide fair and equitable access through open, structured competitive procurement. TOTAL STATE FUNDS $16,629,921 $16,629,921 $16,629,921 $16,629,921 State General Funds $16,629,921 $16,629,921 $16,629,921 $16,629,921 TOTAL AGENCY FUNDS $2,167,831 $2,167,831 $2,547,015 $2,547,015 Reserved Fund Balances $2,020,000 $2,020,000 $2,399,184 $2,399,184 Reserved Fund Balances Not Itemized $2,020,000 $2,020,000 $2,399,184 $2,399,184 Rebates, Refunds, and Reimbursements $147,831 $147,831 $147,831 $147,831 Rebates, Refunds, and Reimbursements Not Itemized $147,831 $147,831 $147,831 $147,831 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $468,789 $468,789 Agency to Agency Contracts $468,789 $468,789 TOTAL PUBLIC FUNDS $18,797,752 $18,797,752 $19,645,725 $19,645,725 Surplus Property Continuation Budget The purpose is to reduce cost through maximization of the useful life of state-owned equipment. TOTAL AGENCY FUNDS $1,885,035 $1,885,035 $1,885,035 $1,885,035 Sales and Services $1,885,035 $1,885,035 $1,885,035 $1,885,035 Sales and Services Not Itemized $1,885,035 $1,885,035 $1,885,035 $1,885,035 TOTAL PUBLIC FUNDS $1,885,035 $1,885,035 $1,885,035 $1,885,035 Changes in the Size of the Program 43.1 Transfer one position and salary from the Bulk Paper Sales program. Sales and Services Not Itemized $92,192 $92,192 $92,192 $92,192 43.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for agency funds to lease a new warehouse. Sales and Services Not Itemized $308,000 $308,000 43. Surplus Property Appropriation (HB1026) The purpose is to reduce cost through maximization of the useful life of state-owned equipment. TOTAL AGENCY FUNDS $1,977,227 $1,977,227 $2,285,227 $2,285,227 Sales and Services $1,977,227 $1,977,227 $2,285,227 $2,285,227 2132 JOURNAL OF THE HOUSE Sales and Services Not Itemized $1,977,227 $1,977,227 $2,285,227 $2,285,227 TOTAL PUBLIC FUNDS $1,977,227 $1,977,227 $2,285,227 $2,285,227 U.S. Post Office Continuation Budget The purpose is to provide convenient and cost-effective postal services to agencies and individuals. TOTAL STATE FUNDS $9,593 $9,593 $9,593 $9,593 State General Funds $9,593 $9,593 $9,593 $9,593 TOTAL AGENCY FUNDS $151,000 $151,000 $151,000 $151,000 Royalties and Rents $151,000 $151,000 $151,000 $151,000 Royalties and Rents Not Itemized $151,000 $151,000 $151,000 $151,000 TOTAL PUBLIC FUNDS $160,593 $160,593 $160,593 $160,593 Statewide Changes 44.1 WC, GTA, and GBA State General Funds $79 $79 $79 $79 44. U.S. Post Office Appropriation (HB1026) The purpose is to provide convenient and cost-effective postal services to agencies and individuals. TOTAL STATE FUNDS $9,672 $9,672 $9,672 $9,672 State General Funds $9,672 $9,672 $9,672 $9,672 TOTAL AGENCY FUNDS $151,000 $151,000 $151,000 $151,000 Royalties and Rents $151,000 $151,000 $151,000 $151,000 Royalties and Rents Not Itemized $151,000 $151,000 $151,000 $151,000 TOTAL PUBLIC FUNDS $160,672 $160,672 $160,672 $160,672 Administrative Hearings, Office of State Continuation Budget The purpose is to provide an impartial, independent forum for resolving disputes between the public and state agencies. TOTAL STATE FUNDS $3,717,517 $3,717,517 $3,717,517 $3,717,517 State General Funds $3,717,517 $3,717,517 $3,717,517 $3,717,517 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $601,308 $601,308 $601,308 $601,308 Administrative Hearing Payments $601,308 $601,308 $601,308 $601,308 TOTAL PUBLIC FUNDS $4,318,825 $4,318,825 $4,318,825 $4,318,825 Statewide Changes 45.1 WC, GTA, and GBA State General Funds $3,948 $3,948 $3,948 $3,948 WEDNESDAY, MARCH 8, 2006 2133 Changes in the Size of the Program 45.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds to reimburse the Department of Public Safety for the provision of security detail for OSAH hearings. Administrative Hearing Payments $80,000 $80,000 45. Administrative Hearings, Office of State Appropriation (HB1026) The purpose is to provide an impartial, independent forum for resolving disputes between the public and state agencies. TOTAL STATE FUNDS $3,721,465 $3,721,465 $3,721,465 $3,721,465 State General Funds $3,721,465 $3,721,465 $3,721,465 $3,721,465 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $601,308 $601,308 $681,308 $681,308 Administrative Hearing Payments $601,308 $601,308 $681,308 $681,308 TOTAL PUBLIC FUNDS $4,322,773 $4,322,773 $4,402,773 $4,402,773 Hazardous Materials, Agency for the Removal of Continuation Budget 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 STATE FUNDS $85,354 $85,354 $85,354 $85,354 State General Funds $85,354 $85,354 $85,354 $85,354 TOTAL PUBLIC FUNDS $85,354 $85,354 $85,354 $85,354 46. Hazardous Materials, Agency for the Removal of Appropriation (HB1026) 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 STATE FUNDS $85,354 $85,354 $85,354 $85,354 State General Funds $85,354 $85,354 $85,354 $85,354 TOTAL PUBLIC FUNDS $85,354 $85,354 $85,354 $85,354 Health Planning Review Board Continuation Budget The purpose is to review decisions made by hearing officers. TOTAL STATE FUNDS $60,473 $60,473 $60,473 $60,473 State General Funds $60,473 $60,473 $60,473 $60,473 TOTAL PUBLIC FUNDS $60,473 $60,473 $60,473 $60,473 47. Health Planning Review Board Appropriation (HB1026) The purpose is to review decisions made by hearing officers. TOTAL STATE FUNDS $60,473 $60,473 $60,473 $60,473 2134 JOURNAL OF THE HOUSE State General Funds $60,473 $60,473 $60,473 $60,473 TOTAL PUBLIC FUNDS $60,473 $60,473 $60,473 $60,473 Payments to Georgia Technology Authority Continuation Budget 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 STATE FUNDS $396,769 $396,769 $396,769 $396,769 State General Funds $396,769 $396,769 $396,769 $396,769 TOTAL PUBLIC FUNDS $396,769 $396,769 $396,769 $396,769 48. Payments to Georgia Technology Authority Appropriation (HB1026) 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 STATE FUNDS $396,769 $396,769 $396,769 $396,769 State General Funds $396,769 $396,769 $396,769 $396,769 TOTAL PUBLIC FUNDS $396,769 $396,769 $396,769 $396,769 Treasury and Fiscal Services, Office of Continuation Budget 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 STATE FUNDS $354,569 $354,569 $354,569 $354,569 State General Funds $354,569 $354,569 $354,569 $354,569 TOTAL AGENCY FUNDS $2,376,779 $2,376,779 $2,376,779 $2,376,779 Interest and Investment Income $200,000 $200,000 $200,000 $200,000 Interest and Investment Income Not Itemized $200,000 $200,000 $200,000 $200,000 Rebates, Refunds, and Reimbursements $350,000 $350,000 $350,000 $350,000 Rebates, Refunds, and Reimbursements Not Itemized $350,000 $350,000 $350,000 $350,000 Sales and Services $1,826,779 $1,826,779 $1,826,779 $1,826,779 Sales and Services Not Itemized $1,826,779 $1,826,779 $1,826,779 $1,826,779 TOTAL PUBLIC FUNDS $2,731,348 $2,731,348 $2,731,348 $2,731,348 Statewide Changes 49.1 WC, GTA, and GBA WEDNESDAY, MARCH 8, 2006 2135 State General Funds $474 $474 $474 $474 49. Treasury and Fiscal Services, Office of Appropriation (HB1026) 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 STATE FUNDS $355,043 $355,043 $355,043 $355,043 State General Funds $355,043 $355,043 $355,043 $355,043 TOTAL AGENCY FUNDS $2,376,779 $2,376,779 $2,376,779 $2,376,779 Interest and Investment Income $200,000 $200,000 $200,000 $200,000 Interest and Investment Income Not Itemized $200,000 $200,000 $200,000 $200,000 Rebates, Refunds, and Reimbursements $350,000 $350,000 $350,000 $350,000 Rebates, Refunds, and Reimbursements Not Itemized $350,000 $350,000 $350,000 $350,000 Sales and Services $1,826,779 $1,826,779 $1,826,779 $1,826,779 Sales and Services Not Itemized $1,826,779 $1,826,779 $1,826,779 $1,826,779 TOTAL PUBLIC FUNDS $2,731,822 $2,731,822 $2,731,822 $2,731,822 Section 14: Agriculture, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Continuation $40,871,168 $40,871,168 $40,871,168 $40,871,168 $40,871,168 $40,871,168 $40,871,168 $40,871,168 $7,076,968 $7,076,968 $7,076,968 $7,076,968 $7,076,968 $7,076,968 $7,076,968 $7,076,968 $1,657,042 $1,657,042 $1,657,042 $1,657,042 $748,420 $748,420 $748,420 $748,420 $908,622 $908,622 $908,622 $908,622 $49,605,178 $49,605,178 $49,605,178 Section Total - Final $49,605,178 $42,346,371 $42,644,085 $42,979,063 $42,844,563 $42,346,371 $42,644,085 $42,979,063 $42,844,563 $7,076,968 $7,076,968 $7,076,968 $7,076,968 $7,076,968 $7,076,968 $7,076,968 $7,076,968 $1,657,042 $1,657,042 $1,657,042 $1,657,042 2136 JOURNAL OF THE HOUSE Intergovernmental Transfers $748,420 $748,420 $748,420 $748,420 Sales and Services $908,622 $908,622 $908,622 $908,622 TOTAL PUBLIC FUNDS $51,080,381 $51,378,095 $51,713,073 $51,578,573 Athens and Tifton Veterinary Laboratories Continuation Budget 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 STATE FUNDS $3,271,132 $3,271,132 $3,271,132 $3,271,132 State General Funds $3,271,132 $3,271,132 $3,271,132 $3,271,132 TOTAL PUBLIC FUNDS $3,271,132 $3,271,132 $3,271,132 $3,271,132 50. Athens and Tifton Veterinary Laboratories Appropriation (HB1026) 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 STATE FUNDS $3,271,132 $3,271,132 $3,271,132 $3,271,132 State General Funds $3,271,132 $3,271,132 $3,271,132 $3,271,132 TOTAL PUBLIC FUNDS $3,271,132 $3,271,132 $3,271,132 $3,271,132 Consumer Protection Continuation Budget The purpose is to prevent, control and eradicate certain infectious and communicable diseases of livestock. TOTAL STATE FUNDS $20,634,327 $20,634,327 $20,634,327 $20,634,327 State General Funds $20,634,327 $20,634,327 $20,634,327 $20,634,327 TOTAL FEDERAL FUNDS $7,020,116 $7,020,116 $7,020,116 $7,020,116 Federal Funds Not Itemized $7,020,116 $7,020,116 $7,020,116 $7,020,116 TOTAL AGENCY FUNDS $1,339,677 $1,339,677 $1,339,677 $1,339,677 Intergovernmental Transfers $748,420 $748,420 $748,420 $748,420 Intergovernmental Transfers Not Itemized $748,420 $748,420 $748,420 $748,420 Sales and Services $591,257 $591,257 $591,257 $591,257 Sales and Services Not Itemized $591,257 $591,257 $591,257 $591,257 TOTAL PUBLIC FUNDS $28,994,120 $28,994,120 $28,994,120 $28,994,120 Statewide Changes 51.1 WC, GTA, and GBA State General Funds $33,670 $33,670 $33,670 $33,670 WEDNESDAY, MARCH 8, 2006 2137 Changes in Operations / Administration 51.5 Transfer Seed Development Commission to Marketing and Promotion. Intergovernmental Transfers Not Itemized ($748,420) Changes in the Size of the Program 51.2 Increase the pay grade for plant protection field agents from eleven to twelve and plant protection supervisor from pay grade twelve to thirteen. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 51.4 Reduce funding to reflect savings from implementation of a new pest control certification testing program at Technical Colleges. State General Funds ($116,000) ($17,500) ($52,000) 51. Consumer Protection Appropriation (HB1026) The purpose is to prevent, control and eradicate certain infectious and communicable diseases of livestock. TOTAL STATE FUNDS $20,667,997 $20,551,997 $20,650,497 $20,615,997 State General Funds $20,667,997 $20,551,997 $20,650,497 $20,615,997 TOTAL FEDERAL FUNDS $7,020,116 $7,020,116 $7,020,116 $7,020,116 Federal Funds Not Itemized $7,020,116 $7,020,116 $7,020,116 $7,020,116 TOTAL AGENCY FUNDS $1,339,677 $1,339,677 $1,339,677 $591,257 Intergovernmental Transfers $748,420 $748,420 $748,420 Intergovernmental Transfers Not Itemized $748,420 $748,420 $748,420 Sales and Services $591,257 $591,257 $591,257 $591,257 Sales and Services Not Itemized $591,257 $591,257 $591,257 $591,257 TOTAL PUBLIC FUNDS $29,027,790 $28,911,790 $29,010,290 $28,227,370 Departmental Administration Continuation Budget The purpose is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $5,967,006 $5,967,006 $5,967,006 $5,967,006 State General Funds $5,967,006 $5,967,006 $5,967,006 $5,967,006 TOTAL FEDERAL FUNDS $37,776 $37,776 $37,776 $37,776 Federal Funds Not Itemized $37,776 $37,776 $37,776 $37,776 TOTAL AGENCY FUNDS $211,680 $211,680 $211,680 $211,680 Sales and Services $211,680 $211,680 $211,680 $211,680 Sales and Services Not Itemized $211,680 $211,680 $211,680 $211,680 2138 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $6,216,462 $6,216,462 $6,216,462 $6,216,462 Statewide Changes 52.1 WC, GTA, and GBA State General Funds $7,479 $7,479 $7,479 $7,479 One-Time Expense 52.2 Replace fifty (H:twenty five) vehicles used by department inspectors in excess of 135,000 miles. State General Funds $1,027,044 $513,522 $750,000 $650,000 52.3 Provide funds to automate the food safety inspection process and promote accurate and efficient inspections. State General Funds $245,000 $392,236 $392,236 $392,236 52.4 Provide funds to automate the weights inspection process and promote accurate and efficient inspections. State General Funds $105,000 $115,000 $115,000 $115,000 52.5 Provide funds to be matched by $1,000,000 in private funding to construct an addition to the livestock facility in Bainbridge. State General Funds $600,000 $600,000 $600,000 52. Departmental Administration Appropriation (HB1026) The purpose is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $7,351,529 $7,595,243 $7,831,721 $7,731,721 State General Funds $7,351,529 $7,595,243 $7,831,721 $7,731,721 TOTAL FEDERAL FUNDS $37,776 $37,776 $37,776 $37,776 Federal Funds Not Itemized $37,776 $37,776 $37,776 $37,776 TOTAL AGENCY FUNDS $211,680 $211,680 $211,680 $211,680 Sales and Services $211,680 $211,680 $211,680 $211,680 Sales and Services Not Itemized $211,680 $211,680 $211,680 $211,680 TOTAL PUBLIC FUNDS $7,600,985 $7,844,699 $8,081,177 $7,981,177 Marketing and Promotion Continuation Budget The purpose is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally. TOTAL STATE FUNDS $7,857,881 $7,857,881 $7,857,881 $7,857,881 State General Funds $7,857,881 $7,857,881 $7,857,881 $7,857,881 TOTAL FEDERAL FUNDS $19,076 $19,076 $19,076 $19,076 Federal Funds Not Itemized $19,076 $19,076 $19,076 $19,076 TOTAL AGENCY FUNDS $105,685 $105,685 $105,685 $105,685 WEDNESDAY, MARCH 8, 2006 2139 Sales and Services $105,685 $105,685 $105,685 $105,685 Sales and Services Not Itemized $105,685 $105,685 $105,685 $105,685 TOTAL PUBLIC FUNDS $7,982,642 $7,982,642 $7,982,642 $7,982,642 Statewide Changes 53.1 WC, GTA, and GBA State General Funds $8,604 $8,604 $8,604 $8,604 Changes in Operations / Administration 53.2 Transfer Seed Development Commission from Consumer Protection. Intergovernmental Transfers Not Itemized $748,420 53. Marketing and Promotion Appropriation (HB1026) The purpose is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally. TOTAL STATE FUNDS $7,866,485 $7,866,485 $7,866,485 $7,866,485 State General Funds $7,866,485 $7,866,485 $7,866,485 $7,866,485 TOTAL FEDERAL FUNDS $19,076 $19,076 $19,076 $19,076 Federal Funds Not Itemized $19,076 $19,076 $19,076 $19,076 TOTAL AGENCY FUNDS $105,685 $105,685 $105,685 $854,105 Intergovernmental Transfers $748,420 Intergovernmental Transfers Not Itemized $748,420 Sales and Services $105,685 $105,685 $105,685 $105,685 Sales and Services Not Itemized $105,685 $105,685 $105,685 $105,685 TOTAL PUBLIC FUNDS $7,991,246 $7,991,246 $7,991,246 $8,739,666 Poultry Veterinary Diagnostic Labs Continuation Budget The purpose is to provide diagnostic and monitoring services to Georgia poultry growers. TOTAL STATE FUNDS $3,140,822 $3,140,822 $3,140,822 $3,140,822 State General Funds $3,140,822 $3,140,822 $3,140,822 $3,140,822 TOTAL PUBLIC FUNDS $3,140,822 $3,140,822 $3,140,822 $3,140,822 Statewide Changes 54.1 WC, GTA, and GBA State General Funds $48,406 $48,406 $48,406 $48,406 Changes in the Size of the Program 54.2 Provide funds for a Liquid Handling System for Avian Influenza Virus Testing. 2140 JOURNAL OF THE HOUSE State General Funds $170,000 $170,000 54. Poultry Veterinary Diagnostic Labs Appropriation (HB1026) The purpose is to provide diagnostic and monitoring services to Georgia poultry growers. TOTAL STATE FUNDS $3,189,228 $3,359,228 $3,359,228 State General Funds $3,189,228 $3,359,228 $3,359,228 TOTAL PUBLIC FUNDS $3,189,228 $3,359,228 $3,359,228 $170,000 $3,359,228 $3,359,228 $3,359,228 Section 15: Banking and Finance, Department of Section Total - Continuation TOTAL STATE FUNDS $10,976,353 $10,976,353 $10,976,353 $10,976,353 State General Funds $10,976,353 $10,976,353 $10,976,353 $10,976,353 TOTAL PUBLIC FUNDS $10,976,353 $10,976,353 $10,976,353 $10,976,353 Section Total - Final TOTAL STATE FUNDS $11,062,752 $11,062,752 $11,062,752 $11,062,752 State General Funds $11,062,752 $11,062,752 $11,062,752 $11,062,752 TOTAL PUBLIC FUNDS $11,062,752 $11,062,752 $11,062,752 $11,062,752 Chartering, Licensing and Applications/Non-Mortgage Entities Continuation Budget 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 STATE FUNDS $495,504 $495,504 $495,504 $495,504 State General Funds $495,504 $495,504 $495,504 $495,504 TOTAL PUBLIC FUNDS $495,504 $495,504 $495,504 $495,504 Statewide Changes 55.1 WC, GTA, and GBA State General Funds $222 $222 $222 $222 55. Chartering, Licensing and Applications/Non-Mortgage Entities Appropriation (HB1026) 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 STATE FUNDS $495,726 $495,726 $495,726 $495,726 State General Funds $495,726 $495,726 $495,726 $495,726 TOTAL PUBLIC FUNDS $495,726 $495,726 $495,726 $495,726 WEDNESDAY, MARCH 8, 2006 2141 Consumer Protection and Assistance Continuation Budget The purpose is to assist consumers with problems encountered when dealing with department-regulated entities. TOTAL STATE FUNDS $515,920 $515,920 $515,920 $515,920 State General Funds $515,920 $515,920 $515,920 $515,920 TOTAL PUBLIC FUNDS $515,920 $515,920 $515,920 $515,920 Statewide Changes 56.1 WC, GTA, and GBA State General Funds $175 $175 $175 $175 56. Consumer Protection and Assistance Appropriation (HB1026) The purpose is to assist consumers with problems encountered when dealing with department-regulated entities. TOTAL STATE FUNDS $516,095 $516,095 $516,095 $516,095 State General Funds $516,095 $516,095 $516,095 $516,095 TOTAL PUBLIC FUNDS $516,095 $516,095 $516,095 $516,095 Departmental Administration Continuation Budget The purpose is to provide administrative support to all department programs. TOTAL STATE FUNDS $1,645,199 $1,645,199 $1,645,199 $1,645,199 State General Funds $1,645,199 $1,645,199 $1,645,199 $1,645,199 TOTAL PUBLIC FUNDS $1,645,199 $1,645,199 $1,645,199 $1,645,199 Statewide Changes 57.1 WC, GTA, and GBA State General Funds $720 $720 $720 $720 57. Departmental Administration Appropriation (HB1026) The purpose is to provide administrative support to all department programs. TOTAL STATE FUNDS $1,645,919 $1,645,919 $1,645,919 $1,645,919 State General Funds $1,645,919 $1,645,919 $1,645,919 $1,645,919 TOTAL PUBLIC FUNDS $1,645,919 $1,645,919 $1,645,919 $1,645,919 Financial Institution Supervision Continuation Budget 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 STATE FUNDS $6,581,431 $6,581,431 $6,581,431 $6,581,431 State General Funds $6,581,431 $6,581,431 $6,581,431 $6,581,431 2142 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $6,581,431 $6,581,431 $6,581,431 $6,581,431 Statewide Changes 58.1 WC, GTA, and GBA State General Funds $2,913 $2,913 $2,913 $2,913 One-Time Expense 58.2 Replace five vehicles in excess of 135,000 miles. State General Funds $81,615 $81,615 $81,615 $81,615 58. Financial Institution Supervision Appropriation (HB1026) 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 STATE FUNDS $6,665,959 $6,665,959 $6,665,959 $6,665,959 State General Funds $6,665,959 $6,665,959 $6,665,959 $6,665,959 TOTAL PUBLIC FUNDS $6,665,959 $6,665,959 $6,665,959 $6,665,959 Mortgage Supervision Continuation Budget The purpose is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and enforce applicable laws and regulations. TOTAL STATE FUNDS $1,738,299 $1,738,299 $1,738,299 $1,738,299 State General Funds $1,738,299 $1,738,299 $1,738,299 $1,738,299 TOTAL PUBLIC FUNDS $1,738,299 $1,738,299 $1,738,299 $1,738,299 Statewide Changes 59.1 WC, GTA, and GBA State General Funds $754 $754 $754 $754 59. Mortgage Supervision Appropriation (HB1026) The purpose is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and enforce applicable laws and regulations. TOTAL STATE FUNDS $1,739,053 $1,739,053 $1,739,053 $1,739,053 State General Funds $1,739,053 $1,739,053 $1,739,053 $1,739,053 TOTAL PUBLIC FUNDS $1,739,053 $1,739,053 $1,739,053 $1,739,053 WEDNESDAY, MARCH 8, 2006 2143 Section 16: Community Affairs, Department of Section Total - Continuation TOTAL STATE FUNDS $80,217,219 $80,217,219 $80,217,219 $80,217,219 State General Funds $33,093,886 $33,093,886 $33,093,886 $33,093,886 Tobacco Settlement Funds $47,123,333 $47,123,333 $47,123,333 $47,123,333 TOTAL FEDERAL FUNDS $93,566,048 $93,566,048 $93,566,048 $93,566,048 Federal Funds Not Itemized $93,566,048 $93,566,048 $93,566,048 $93,566,048 TOTAL AGENCY FUNDS $10,831,688 $10,831,688 $10,831,688 $10,831,688 Reserved Fund Balances $9,715 $9,715 $9,715 $9,715 Intergovernmental Transfers $9,477,792 $9,477,792 $9,477,792 $9,477,792 Sales and Services $1,344,181 $1,344,181 $1,344,181 $1,344,181 TOTAL PUBLIC FUNDS $184,614,955 $184,614,955 $184,614,955 $184,614,955 Section Total - Final TOTAL STATE FUNDS $86,436,755 $83,971,755 $83,955,764 $81,185,764 State General Funds $39,313,422 $36,848,422 $36,927,431 $34,062,431 Tobacco Settlement Funds $47,123,333 $47,123,333 $47,028,333 $47,123,333 TOTAL FEDERAL FUNDS $93,566,048 $93,566,048 $108,529,689 $108,529,689 Federal Funds Not Itemized $93,566,048 $93,566,048 $108,529,689 $108,529,689 TOTAL AGENCY FUNDS $10,831,688 $10,831,688 $13,294,033 $13,294,033 Reserved Fund Balances $9,715 $9,715 $2,236,359 $293,674 Intergovernmental Transfers $9,477,792 $9,477,792 $9,713,493 $11,420,477 Sales and Services $1,344,181 $1,344,181 $1,344,181 $1,579,882 TOTAL PUBLIC FUNDS $190,834,491 $188,369,491 $205,779,486 $203,009,486 Building Construction Continuation Budget 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 STATE FUNDS $279,403 $279,403 $279,403 $279,403 State General Funds $279,403 $279,403 $279,403 $279,403 TOTAL AGENCY FUNDS $171,722 $171,722 $171,722 $171,722 Sales and Services $171,722 $171,722 $171,722 $171,722 Sales and Services Not Itemized $171,722 $171,722 $171,722 $171,722 2144 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $451,125 $451,125 $451,125 $451,125 Statewide Changes 60.1 WC, GTA, and GBA State General Funds $492 $492 $492 $492 60. Building Construction Appropriation (HB1026) 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 STATE FUNDS $279,895 $279,895 $279,895 $279,895 State General Funds $279,895 $279,895 $279,895 $279,895 TOTAL AGENCY FUNDS $171,722 $171,722 $171,722 $171,722 Sales and Services $171,722 $171,722 $171,722 $171,722 Sales and Services Not Itemized $171,722 $171,722 $171,722 $171,722 TOTAL PUBLIC FUNDS $451,617 $451,617 $451,617 $451,617 Coordinated Planning Continuation Budget 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 STATE FUNDS $3,831,884 $3,831,884 $3,831,884 $3,831,884 State General Funds $3,831,884 $3,831,884 $3,831,884 $3,831,884 TOTAL PUBLIC FUNDS $3,831,884 $3,831,884 $3,831,884 $3,831,884 Statewide Changes 61.1 WC, GTA, and GBA State General Funds $3,310 $3,310 $3,310 $3,310 Changes in Operations / Administration 61.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments. State General Funds ($51,508) ($51,508) ($51,508) ($51,508) Changes in the Size of the Program 61.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase Bond Allocation Fee funds for one position. Intergovernmental Transfers Not Itemized $43,150 $0 WEDNESDAY, MARCH 8, 2006 2145 Sales and Services Not Itemized $43,150 TOTAL PUBLIC FUNDS $43,150 61. Coordinated Planning Appropriation (HB1026) 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 STATE FUNDS $3,783,686 $3,783,686 $3,783,686 $3,783,686 State General Funds $3,783,686 $3,783,686 $3,783,686 $3,783,686 TOTAL AGENCY FUNDS $43,150 $43,150 Intergovernmental Transfers $43,150 Intergovernmental Transfers Not Itemized $43,150 Sales and Services $43,150 Sales and Services Not Itemized $43,150 TOTAL PUBLIC FUNDS $3,783,686 $3,783,686 $3,826,836 $3,826,836 Departmental Administration Continuation Budget The purpose is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $1,982,095 $1,982,095 $1,982,095 $1,982,095 State General Funds $1,982,095 $1,982,095 $1,982,095 $1,982,095 TOTAL FEDERAL FUNDS $22,000 $22,000 $22,000 $22,000 Federal Funds Not Itemized $22,000 $22,000 $22,000 $22,000 TOTAL AGENCY FUNDS $2,476,773 $2,476,773 $2,476,773 $2,476,773 Intergovernmental Transfers $2,476,773 $2,476,773 $2,476,773 $2,476,773 Intergovernmental Transfers Not Itemized $2,476,773 $2,476,773 $2,476,773 $2,476,773 TOTAL PUBLIC FUNDS $4,480,868 $4,480,868 $4,480,868 $4,480,868 Statewide Changes 62.1 WC, GTA, and GBA State General Funds $3,092 $3,092 $3,092 $3,092 Changes in Operations / Administration 62.2 Redistribute funds from multiple programs to reflect GTA rate structure adjustments. State General Funds $95,591 $95,591 $95,591 $95,591 One-Time Expense 2146 JOURNAL OF THE HOUSE 62.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments, increase Bond Allocation Fee funds to cover one position, and increase GHFA Participation Fee funds to cover one position. Reserved Fund Balances Not Itemized $31,662 $0 Intergovernmental Transfers Not Itemized $101,909 $31,662 Sales and Services Not Itemized $101,909 TOTAL PUBLIC FUNDS $133,571 $133,571 62. Departmental Administration Appropriation (HB1026) The purpose is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $2,080,778 $2,080,778 $2,080,778 $2,080,778 State General Funds $2,080,778 $2,080,778 $2,080,778 $2,080,778 TOTAL FEDERAL FUNDS $22,000 $22,000 $22,000 $22,000 Federal Funds Not Itemized $22,000 $22,000 $22,000 $22,000 TOTAL AGENCY FUNDS $2,476,773 $2,476,773 $2,610,344 $2,610,344 Reserved Fund Balances $31,662 Reserved Fund Balances Not Itemized $31,662 Intergovernmental Transfers $2,476,773 $2,476,773 $2,578,682 $2,508,435 Intergovernmental Transfers Not Itemized $2,476,773 $2,476,773 $2,578,682 $2,508,435 Sales and Services $101,909 Sales and Services Not Itemized $101,909 TOTAL PUBLIC FUNDS $4,579,551 $4,579,551 $4,713,122 $4,713,122 Environmental Education and Assistance Continuation Budget The purpose is to provide technical assistance, resource tools, and public education outreach resources. TOTAL STATE FUNDS $973,896 $973,896 $973,896 $973,896 State General Funds $973,896 $973,896 $973,896 $973,896 TOTAL PUBLIC FUNDS $973,896 $973,896 $973,896 $973,896 Statewide Changes 63.1 WC, GTA, and GBA State General Funds $1,306 $1,306 $1,306 $1,306 Changes in Operations / Administration 63.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments. WEDNESDAY, MARCH 8, 2006 2147 State General Funds ($2,039) ($2,039) ($2,039) ($2,039) Changes in How the Program is Funded 63.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to add Solid Waste Trust Funds for three positions and associated expenses for litter prevention, solid waste planning, and recycling programs through a contract with the Department of Natural Resources. Reserved Fund Balances Not Itemized $277,000 $277,000 63. Environmental Education and Assistance Appropriation (HB1026) The purpose is to provide technical assistance, resource tools, and public education outreach resources. TOTAL STATE FUNDS $973,163 $973,163 $973,163 $973,163 State General Funds $973,163 $973,163 $973,163 $973,163 TOTAL AGENCY FUNDS $277,000 $277,000 Reserved Fund Balances $277,000 $277,000 Reserved Fund Balances Not Itemized $277,000 $277,000 TOTAL PUBLIC FUNDS $973,163 $973,163 $1,250,163 $1,250,163 Federal Community and Economic Development Programs Continuation Budget 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 STATE FUNDS $1,608,212 $1,608,212 $1,608,212 $1,608,212 State General Funds $1,608,212 $1,608,212 $1,608,212 $1,608,212 TOTAL FEDERAL FUNDS $36,985,354 $36,985,354 $36,985,354 $36,985,354 Federal Funds Not Itemized $36,985,354 $36,985,354 $36,985,354 $36,985,354 TOTAL PUBLIC FUNDS $38,593,566 $38,593,566 $38,593,566 $38,593,566 Statewide Changes 64.1 WC, GTA, and GBA State General Funds $2,632 $2,632 $2,632 $2,632 Changes in Operations / Administration 64.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments. State General Funds ($1,197) ($1,197) ($1,197) ($1,197) 2148 JOURNAL OF THE HOUSE Changes in How the Program is Funded 64.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reduce funds from the Corporation for National and Community Services Programs, and to increase funds from OneGeorgia and the HUD-Community Development Block Grant Pass Thru Grant. Tobacco Settlement Funds $75,210 $0 Federal Funds Not Itemized $13,159,053 $13,159,053 TOTAL PUBLIC FUNDS $13,234,263 $13,159,053 64. Federal Community and Economic Development Appropriation (HB1026) 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 STATE FUNDS $1,609,647 $1,609,647 $1,684,857 $1,609,647 State General Funds $1,609,647 $1,609,647 $1,609,647 $1,609,647 Tobacco Settlement Funds $75,210 TOTAL FEDERAL FUNDS $36,985,354 $36,985,354 $50,144,407 $50,144,407 Federal Funds Not Itemized $36,985,354 $36,985,354 $50,144,407 $50,144,407 TOTAL PUBLIC FUNDS $38,595,001 $38,595,001 $51,829,264 $51,754,054 Homeownership programs Continuation Budget 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 AGENCY FUNDS $4,014,155 $4,014,155 $4,014,155 $4,014,155 Intergovernmental Transfers $4,014,155 $4,014,155 $4,014,155 $4,014,155 Intergovernmental Transfers Not Itemized $4,014,155 $4,014,155 $4,014,155 $4,014,155 TOTAL PUBLIC FUNDS $4,014,155 $4,014,155 $4,014,155 $4,014,155 Changes in How the Program is Funded 65.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase HUD-HOME funds, reduce GHFA Management Fee funds, and transfer one position to the Rental Housing program. Reserved Fund Balances Not Itemized $134,280 $0 Intergovernmental Transfers Not Itemized $134,280 TOTAL PUBLIC FUNDS $134,280 WEDNESDAY, MARCH 8, 2006 2149 65. Homeownership programs Appropriation (HB1026) 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 AGENCY FUNDS $4,014,155 $4,014,155 $4,148,435 $4,148,435 Reserved Fund Balances $134,280 Reserved Fund Balances Not Itemized $134,280 Intergovernmental Transfers $4,014,155 $4,014,155 $4,014,155 $4,148,435 Intergovernmental Transfers Not Itemized $4,014,155 $4,014,155 $4,014,155 $4,148,435 TOTAL PUBLIC FUNDS $4,014,155 $4,014,155 $4,148,435 $4,148,435 Local Assistance Grants Continuation Budget 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 STATE FUNDS $3,881,066 $3,881,066 $3,881,066 $3,881,066 State General Funds $3,881,066 $3,881,066 $3,881,066 $3,881,066 TOTAL PUBLIC FUNDS $3,881,066 $3,881,066 $3,881,066 $3,881,066 Changes in Operations / Administration 66.1 Correct an error for Trion City Schools for the 2006 mid term adjustment. (CC: Authorizing language is found at the end of Section 16) State General Funds $214,009 $214,009 One-Time Expense 66.2 Provide funds to construct a seawall (CC: bulkhead) at Mary Alice Park in Forsyth County. (CC: Authorizing language is found at the end of Section 16) State General Funds $500,000 $400,000 $500,000 66. Local Assistance Grants Appropriation (HB1026) 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 STATE FUNDS $3,881,066 $4,381,066 $4,495,075 $4,595,075 State General Funds $3,881,066 $4,381,066 $4,495,075 $4,595,075 TOTAL PUBLIC FUNDS $3,881,066 $4,381,066 $4,495,075 $4,595,075 2150 JOURNAL OF THE HOUSE Regional Services Continuation Budget 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 STATE FUNDS $3,096,517 $3,096,517 $3,096,517 $3,096,517 State General Funds $3,096,517 $3,096,517 $3,096,517 $3,096,517 TOTAL PUBLIC FUNDS $3,096,517 $3,096,517 $3,096,517 $3,096,517 Statewide Changes 67.1 WC, GTA, and GBA State General Funds $2,930 $2,930 $2,930 $2,930 Changes in Operations / Administration 67.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments. State General Funds ($1,627) ($1,627) ($1,627) ($1,627) 67.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase funding for the Georgia Leadership Infrastructure Investment Fund Initiative. Tobacco Settlement Funds $500,000 $0 One-Time Expense 67.3 Provide funds to repair hurricane damage to the Coastal Georgia Regional Development Center. State General Funds $35,000 $0 $35,000 67. Regional Services Appropriation (HB1026) 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 STATE FUNDS $3,097,820 $3,132,820 $3,597,820 $3,132,820 State General Funds $3,097,820 $3,132,820 $3,097,820 $3,132,820 Tobacco Settlement Funds $500,000 TOTAL PUBLIC FUNDS $3,097,820 $3,132,820 $3,597,820 $3,132,820 Rental Housing Programs Continuation Budget 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 STATE FUNDS $3,287,829 $3,287,829 $3,287,829 $3,287,829 WEDNESDAY, MARCH 8, 2006 2151 State General Funds $3,287,829 $3,287,829 $3,287,829 $3,287,829 TOTAL FEDERAL FUNDS $56,546,807 $56,546,807 $56,546,807 $56,546,807 Federal Funds Not Itemized $56,546,807 $56,546,807 $56,546,807 $56,546,807 TOTAL AGENCY FUNDS $2,996,579 $2,996,579 $2,996,579 $2,996,579 Reserved Fund Balances $9,715 $9,715 $9,715 $9,715 Reserved Fund Balances Not Itemized $9,715 $9,715 $9,715 $9,715 Intergovernmental Transfers $2,986,864 $2,986,864 $2,986,864 $2,986,864 Intergovernmental Transfers Not Itemized $2,986,864 $2,986,864 $2,986,864 $2,986,864 TOTAL PUBLIC FUNDS $62,831,215 $62,831,215 $62,831,215 $62,831,215 Changes in How the Program is Funded 68.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reduce HUD-HOME Administration funds, reduce GHFA Management Fee funds, increase Georgia Housing Assistance Payment Administrators funds, increase Tax Credit Administration funds, and add three positions. Federal Funds Not Itemized $1,804,588 $1,804,588 Reserved Fund Balances Not Itemized $971,706 ($9,715) Intergovernmental Transfers Not Itemized $981,421 TOTAL PUBLIC FUNDS $2,776,294 $2,776,294 68. Rental Housing Programs Appropriation (HB1026) 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 STATE FUNDS $3,287,829 $3,287,829 $3,287,829 $3,287,829 State General Funds $3,287,829 $3,287,829 $3,287,829 $3,287,829 TOTAL FEDERAL FUNDS $56,546,807 $56,546,807 $58,351,395 $58,351,395 Federal Funds Not Itemized $56,546,807 $56,546,807 $58,351,395 $58,351,395 TOTAL AGENCY FUNDS $2,996,579 $2,996,579 $3,968,285 $3,968,285 Reserved Fund Balances $9,715 $9,715 $981,421 Reserved Fund Balances Not Itemized $9,715 $9,715 $981,421 Intergovernmental Transfers $2,986,864 $2,986,864 $2,986,864 $3,968,285 Intergovernmental Transfers Not Itemized $2,986,864 $2,986,864 $2,986,864 $3,968,285 TOTAL PUBLIC FUNDS $62,831,215 $62,831,215 $65,607,509 $65,607,509 2152 JOURNAL OF THE HOUSE Research and Surveys Continuation Budget The purpose is to conduct surveys and collect financial/management data from local governments and authorities as directed by statute. TOTAL STATE FUNDS $667,698 $667,698 $667,698 $667,698 State General Funds $667,698 $667,698 $667,698 $667,698 TOTAL PUBLIC FUNDS $667,698 $667,698 $667,698 $667,698 Statewide Changes 69.1 WC, GTA, and GBA State General Funds $1,044 $1,044 $1,044 $1,044 Changes in Operations / Administration 69.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments. State General Funds ($38,496) ($38,496) ($38,496) ($38,496) Changes in How the Program is Funded 69.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase Bond Allocation Fee funds for one position and the transfer of one position to Administration. Intergovernmental Transfers Not Itemized $51,304 $0 Sales and Services Not Itemized $51,304 TOTAL PUBLIC FUNDS $51,304 69. Research and Surveys Appropriation (HB1026) The purpose is to conduct surveys and collect financial/management data from local governments and authorities as directed by statute. TOTAL STATE FUNDS $630,246 $630,246 $630,246 $630,246 State General Funds $630,246 $630,246 $630,246 $630,246 TOTAL AGENCY FUNDS $51,304 $51,304 Intergovernmental Transfers $51,304 Intergovernmental Transfers Not Itemized $51,304 Sales and Services $51,304 Sales and Services Not Itemized $51,304 TOTAL PUBLIC FUNDS $630,246 $630,246 $681,550 $681,550 WEDNESDAY, MARCH 8, 2006 2153 State Community Development Programs Continuation Budget 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 STATE FUNDS $1,190,051 $1,190,051 $1,190,051 $1,190,051 State General Funds $1,190,051 $1,190,051 $1,190,051 $1,190,051 TOTAL PUBLIC FUNDS $1,190,051 $1,190,051 $1,190,051 $1,190,051 Statewide Changes 70.1 WC, GTA, and GBA State General Funds $2,083 $2,083 $2,083 $2,083 Changes in Operations / Administration 70.2 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments. State General Funds ($542) ($542) ($542) ($542) Changes in How the Program is Funded 70.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase Bond Allocation Fee funds to cover the cost of one position. Intergovernmental Transfers Not Itemized $39,338 $0 Sales and Services Not Itemized $39,338 TOTAL PUBLIC FUNDS $39,338 70. State Community Development Programs Appropriation (HB1026) 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 STATE FUNDS $1,191,592 $1,191,592 $1,191,592 $1,191,592 State General Funds $1,191,592 $1,191,592 $1,191,592 $1,191,592 TOTAL AGENCY FUNDS $39,338 $39,338 Intergovernmental Transfers $39,338 Intergovernmental Transfers Not Itemized $39,338 Sales and Services $39,338 Sales and Services Not Itemized $39,338 TOTAL PUBLIC FUNDS $1,191,592 $1,191,592 $1,230,930 $1,230,930 2154 JOURNAL OF THE HOUSE State Economic Development Program Continuation Budget The purpose is to facilitate and stimulate economic activity, private investment, and job creation by various means including making loans and grants. TOTAL STATE FUNDS $4,201,762 $4,201,762 $4,201,762 $4,201,762 State General Funds $4,201,762 $4,201,762 $4,201,762 $4,201,762 TOTAL FEDERAL FUNDS $11,887 $11,887 $11,887 $11,887 Federal Funds Not Itemized $11,887 $11,887 $11,887 $11,887 TOTAL PUBLIC FUNDS $4,213,649 $4,213,649 $4,213,649 $4,213,649 Changes in Operations / Administration 71.1 Redistribute funds from multiple programs to the Administration program to reflect GTA rate structure adjustments. State General Funds ($182) ($182) ($182) ($182) One-Time Expense 71.2 Increase funds for critical economic development projects. State General Funds $6,000,000 $3,000,000 $3,000,000 $0 Changes in How the Program is Funded 71.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase OneGeorgia Authority contract funds to cover the cost of four positions. Tobacco Settlement Funds $231,169 $0 71. State Economic Development Program Appropriation (HB1026) The purpose is to facilitate and stimulate economic activity, private investment, and job creation by various means including making loans and grants. TOTAL STATE FUNDS $10,201,580 $7,201,580 $7,432,749 $4,201,580 State General Funds $10,201,580 $7,201,580 $7,201,580 $4,201,580 Tobacco Settlement Funds $231,169 TOTAL FEDERAL FUNDS $11,887 $11,887 $11,887 $11,887 Federal Funds Not Itemized $11,887 $11,887 $11,887 $11,887 TOTAL PUBLIC FUNDS $10,213,467 $7,213,467 $7,444,636 $4,213,467 Payments to Georgia Environmental Facilities Authority Continuation Budget The purpose is to provide funds for the Georgia Rural Water Association and the Infrastructure Grant Program. TOTAL STATE FUNDS $700,000 $700,000 $700,000 $700,000 WEDNESDAY, MARCH 8, 2006 2155 State General Funds $700,000 $700,000 $700,000 $700,000 TOTAL PUBLIC FUNDS $700,000 $700,000 $700,000 $700,000 One-Time Expense 72.1 Fund the state energy plan to develop a statewide, comprehensive approach to energy efficiency and conservation planning. State General Funds $200,000 $200,000 $200,000 $200,000 72. Payments to Georgia Environmental Facilities Authority Appropriation (HB1026) The purpose is to provide funds for the Georgia Rural Water Association and the Infrastructure Grant Program. TOTAL STATE FUNDS $900,000 $900,000 $900,000 $900,000 State General Funds $900,000 $900,000 $900,000 $900,000 TOTAL PUBLIC FUNDS $900,000 $900,000 $900,000 $900,000 Payments to the State Housing Trust Fund Continuation Budget 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 STATE FUNDS $3,032,892 $3,032,892 $3,032,892 $3,032,892 State General Funds $3,032,892 $3,032,892 $3,032,892 $3,032,892 TOTAL AGENCY FUNDS $1,172,459 $1,172,459 $1,172,459 $1,172,459 Sales and Services $1,172,459 $1,172,459 $1,172,459 $1,172,459 Sales and Services Not Itemized $1,172,459 $1,172,459 $1,172,459 $1,172,459 TOTAL PUBLIC FUNDS $4,205,351 $4,205,351 $4,205,351 $4,205,351 Changes in How the Program is Funded 73.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reduce HUD-ESGP Administration funds, increase HUD-HOPWA Administration funds, reduce HUD-Shelter Plus Care funds, add HUD-Housing Management Information System contract funds, increase the State Housing Trust Fund Administration funds, add Governor's Council on Developmental Disabilities funds, add HUD-HOME Administration funds, and reduce GHFA Management Fee funds. Reserved Fund Balances Not Itemized $811,996 $16,674 Intergovernmental Transfers Not Itemized $795,322 TOTAL PUBLIC FUNDS $811,996 $811,996 2156 JOURNAL OF THE HOUSE 73. Payments to the State Housing Trust Fund Appropriation (HB1026) 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 STATE FUNDS $3,032,892 $3,032,892 $3,032,892 $3,032,892 State General Funds $3,032,892 $3,032,892 $3,032,892 $3,032,892 TOTAL AGENCY FUNDS $1,172,459 $1,172,459 $1,984,455 $1,984,455 Reserved Fund Balances $811,996 $16,674 Reserved Fund Balances Not Itemized $811,996 $16,674 Intergovernmental Transfers $795,322 Intergovernmental Transfers Not Itemized $795,322 Sales and Services $1,172,459 $1,172,459 $1,172,459 $1,172,459 Sales and Services Not Itemized $1,172,459 $1,172,459 $1,172,459 $1,172,459 TOTAL PUBLIC FUNDS $4,205,351 $4,205,351 $5,017,347 $5,017,347 Payments to OneGeorgia Authority Continuation Budget The purpose is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS $47,123,333 $47,123,333 $47,123,333 $47,123,333 Tobacco Settlement Funds $47,123,333 $47,123,333 $47,123,333 $47,123,333 TOTAL PUBLIC FUNDS $47,123,333 $47,123,333 $47,123,333 $47,123,333 Changes in Operations / Administration 74.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to cover projected administrative operating costs. Tobacco Settlement Funds ($901,379) $0 74. Payments to OneGeorgia Authority Appropriation (HB1026) The purpose is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS $47,123,333 $47,123,333 $46,221,954 $47,123,333 Tobacco Settlement Funds $47,123,333 $47,123,333 $46,221,954 $47,123,333 TOTAL PUBLIC FUNDS $47,123,333 $47,123,333 $46,221,954 $47,123,333 Payments to Georgia Regional Transportation Authority Continuation Budget The purpose is to improve Georgia's mobility, air quality, and land use practices. TOTAL STATE FUNDS $4,360,581 $4,360,581 $4,360,581 $4,360,581 State General Funds $4,360,581 $4,360,581 $4,360,581 $4,360,581 WEDNESDAY, MARCH 8, 2006 2157 TOTAL PUBLIC FUNDS $4,360,581 $4,360,581 $4,360,581 Statewide Changes 75.1 WC, GTA, and GBA State General Funds $2,647 $2,647 $2,647 75. Payments to Georgia Regional Transportation Authority Appropriation (HB1026) The purpose is to improve Georgia's mobility, air quality, and land use practices. TOTAL STATE FUNDS $4,363,228 $4,363,228 $4,363,228 State General Funds $4,363,228 $4,363,228 $4,363,228 TOTAL PUBLIC FUNDS $4,363,228 $4,363,228 $4,363,228 $4,360,581 $2,647 $4,363,228 $4,363,228 $4,363,228 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. The following appropriations specifically allocate the total appropriation under Program 66 above, "66 Local Assistance Grants .....Appropriation (HB1026):" LAG# 1 To provide funding to the City of Milledgville for the Silver Haired Legislature $5,000 LAG# 2 To provide funding to the City of Columbus for the Civil War Naval Museum $30,000 LAG# 3 To provide funding for emergency generator for the water system in Crawford County $25,000 LAG# 4 To provide funding to Pike County to join city and county systems at HWY 341 waterline for economic development business park $300,000 LAG# 5 To provide funding to City of Lula for sewage treatment systems upgrade $125,000 LAG# 6 To provide funding to the City of Gainesille to renovate city storm drain $100,000 LAG# 7 To provide park and renovation funding in the City of St. Simons $155,500 LAG# 8 To provide funding for services for master development plan in Fannin County $50,000 LAG# 9 To provide funding to the City of Chickamauga for expansion to the public library $100,000 2158 JOURNAL OF THE HOUSE LAG# 10 To provide funding to the City of Harlem for Phase II of the sewer and waste pond repair $138,000 LAG# 11 To provide funding for site work development in Columbia County Industrial Park $140,566 LAG# 12 To provide funding to Columbia County library for technology improvements $300,000 LAG# 13 To provide funding to Autrey Mill for historical restoration in Fulton County $250,000 LAG# 14 To provide funding for services to the Official Transportation Museum in Duluth $350,000 LAG# 15 To provide funding for services for the Gwinnett County Neighborhood Leadership Institute $35,000 LAG# 16 To provide funding for engineering study plan for the Old Coweta County Courthouse $35,000 LAG# 17 To provide funds for a match to Hall County for the Phase II Economic Development project $100,000 LAG# 18 To provide funding for services in White County for the Appalachian Community Enterprises non profit small business incubator $50,000 LAG# 19 To provide funding for partial roof replacement for Historic Oconee County Arts Foundation $15,000 LAG# 20 To provide funding for services in Warner Robbins for the Museum of Aviation $35,000 LAG# 21 To provide funding for park renovations at Lake Tobosotkee in Bibb County $50,000 LAG# 22 To provide funding for Hancock County for warehouse expansion at Saint Gobain $150,000 LAG# 23 To provide funding to Dodge County for the Heart of Georgia Airport Authority $7,500 LAG# 24 To provide funding for services for the City of Newnan for Economic Development $20,000 LAG# 25 To provide funding to the City of Savannah for Battlefield Park youth facility construction $30,000 LAG# 26 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.$125,000 LAG# 27 To provide funding for improvements to the Loganville High School facility in Gwinnett County $50,000 LAG#28 To provide funding for services to Forest Hills Elementary Community Coalition in Dekalb County $15,000 LAG# 29 To provide funding for restoration of the Old School Auditorium for Lanier County $50,000 LAG# 30 To provide funding for services to the City of Atlanta for Intergenerational Resource Center $25,000 LAG# 31 To provide funds for a match to the City of Byromville for Vienna Elementary after school program $2,000 LAG# 32 To provide funding for the Oglethorpe County Agriculture Education Center $50,000 LAG# 33 To provide funding to Northeast Cobb County to expand senior center facility $272,000 LAG# 34 To provide funding to refurbish Live Oak Child Emergency Shelter in Carroll County $50,000 LAG# 35 To provide funds to Hall County for Health Access indigent care initiative $50,000 LAG# 36 To provide funding to the City of Tennille for renovations to the Police Department $35,000 LAG# 37 To provide funding for firehouse expansion in the City of Avery $20,000 LAG# 38 To provide funding for the City of Damascus for firehouse renovations $25,000 WEDNESDAY, MARCH 8, 2006 2159 LAG# 39 To provide funding for services for Our House in Polk County $25,000 LAG# 40 To provide funding for the Boys and Girls Club in Polk County $25,000 LAG# 41 To provide funding for services to Warner Robbins for the Senior Citizen Center $15,000 LAG# 42 To provide funding to Houston County for assisting Drug Action Council $15,000 LAG# 43 To provide funding to Emanuel County Volunteer Fire Department for equipment $11,000 LAG# 44 To provide funding to Candler County Volunteer Fire Department for equipment $10,000 LAG# 45 To provide funding to Johnson County Volunteer Fire Department for equipment $10,000 LAG# 46 To provide funding to Upson County for construction and start up costs for Harbor House $100,000 LAG# 47 To provide funding for Mitchell County Fire Department $24,500 LAG# 48 To provide funding to the City of Savannah for the Association of the Blind $15,000 LAG# 49 To provide funding to the City of Savannah for the Cardioascular Center $15,000 LAG# 50 To provide funding to the Augusta Burn Center for indigent care $250,000 LAG# 51 To provide funding to the Trion City Schools Board of Education for prior year adjustments to Quality Basic Education funding $214,009 LAG# 52 To provide funding to the City of Cumming to construct a bulkhead at Mary Alice Park $500,000 Section 17: Community Health, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS Section Total - Continuation $2,259,945,634 $2,259,945,634 $2,259,945,634 $2,259,945,634 $2,201,858,248 $2,201,858,248 $2,201,858,248 $2,201,858,248 $58,087,386 $58,087,386 $58,087,386 $58,087,386 $4,535,269,475 $4,535,269,475 $4,535,269,475 $4,535,269,475 $4,352,785,895 $4,352,785,895 $4,352,785,895 $4,352,785,895 $182,483,580 $182,483,580 $182,483,580 $182,483,580 $295,898,629 $295,898,629 $295,898,629 $295,898,629 $14,000,000 $14,000,000 $14,000,000 $14,000,000 $281,798,629 $281,798,629 $281,798,629 $281,798,629 $100,000 $100,000 $100,000 $100,000 $2,300,654,587 $2,300,654,587 $2,300,654,587 $2,300,654,587 $9,391,768,325 $9,391,768,325 $9,391,768,325 $9,391,768,325 Section Total - Final 2160 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $2,298,572,635 $2,295,295,964 $2,295,849,002 State General Funds $2,240,485,249 $2,237,208,578 $2,237,761,616 Tobacco Settlement Funds $58,087,386 $58,087,386 $58,087,386 TOTAL FEDERAL FUNDS $4,611,330,204 $4,608,744,799 $4,611,132,731 Federal Funds Not Itemized $500,000 $500,000 Medical Assistance Program CFDA93.778 $4,428,846,624 $4,425,761,219 $4,428,149,151 State Children's Insurance Program CFDA93.767 $182,483,580 $182,483,580 $182,483,580 TOTAL AGENCY FUNDS $324,359,709 $312,318,540 $313,318,540 Contributions, Donations, and Forfeitures $14,000,000 Reserved Fund Balances $157,200,365 $157,200,365 $158,200,365 Intergovernmental Transfers $150,859,344 $152,818,175 $152,818,175 Rebates, Refunds, and Reimbursements Sales and Services $2,300,000 $2,300,000 $2,300,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,530,748,007 $2,530,748,007 $2,530,748,007 TOTAL PUBLIC FUNDS $9,765,010,555 $9,747,107,310 $9,751,048,280 Departmental Administration and Program Support Continuation Budget The purpose is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $62,221,212 $62,221,212 $62,221,212 State General Funds $62,221,212 $62,221,212 $62,221,212 TOTAL FEDERAL FUNDS $226,667,078 $226,667,078 $226,667,078 Medical Assistance Program CFDA93.778 $218,520,539 $218,520,539 $218,520,539 State Children's Insurance Program CFDA93.767 $8,146,539 $8,146,539 $8,146,539 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $19,158,820 $19,158,820 $19,158,820 Health Insurance Payments $19,158,820 $19,158,820 $19,158,820 TOTAL PUBLIC FUNDS $308,047,110 $308,047,110 $308,047,110 Statewide Changes 76.1 WC, GTA, and GBA State General Funds $7,283 $7,283 $7,283 Medical Assistance Program CFDA93.778 $8,411 $8,411 $8,411 TOTAL PUBLIC FUNDS $15,694 $15,694 $15,694 $2,292,998,975 $2,234,911,589 $58,087,386 $4,631,829,486 $500,000 $4,448,845,906 $182,483,580 $334,591,869 $158,200,365 $151,091,504 $23,000,000 $2,300,000 $2,532,098,034 $9,791,518,364 $62,221,212 $62,221,212 $226,667,078 $218,520,539 $8,146,539 $19,158,820 $19,158,820 $308,047,110 $7,283 $8,411 $15,694 WEDNESDAY, MARCH 8, 2006 2161 Changes in How the Program is Funded 76.7 Reflect revenue from Children's Intervention School Services. (H and S:YES) Medical Assistance Program CFDA93.778 ($232,160) ($232,160) ($232,160) Intergovernmental Transfers Not Itemized $232,160 $232,160 $232,160 TOTAL PUBLIC FUNDS $0 $0 $0 76.8 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for the remaining payment to Copeland & Glenn Southeast, LLC for accounting procedures to leverage more federal funds, Maximus for CMO/ASO work and computers. Medical Assistance Program CFDA93.778 $23,000,000 Rebates, Refunds, and Reimbursements Not Itemized $23,000,000 TOTAL PUBLIC FUNDS $46,000,000 Changes in the Size of the Program 76.2 Add funds for the Enrollment Broker for Georgia Healthy Families (GHF) managed care program. Medical Assistance Program CFDA93.778 $7,019,157 $7,019,157 $7,019,157 $7,019,157 Reserved Fund Balances Not Itemized $7,019,157 $7,019,157 $7,019,157 $7,019,157 TOTAL PUBLIC FUNDS $14,038,314 $14,038,314 $14,038,314 $14,038,314 76.3 Fund additional costs associated with the Medicaid Modernization contracts. (H and S: Do not cover costs associated with Medicaid Modernization 1115 Waiver.) State General Funds $550,000 $0 $0 $0 Medical Assistance Program CFDA93.778 $550,000 $0 $0 $0 TOTAL PUBLIC FUNDS $1,100,000 $0 $0 $0 76.4 Add funds for the DHR contract Right from the Start Medicaid (RSM). RSM contract funds DHR staff supporting program. Medical Assistance Program CFDA93.778 $3,800,000 $3,800,000 $3,800,000 $3,800,000 Reserved Fund Balances Not Itemized $3,800,000 $3,800,000 $3,800,000 $3,800,000 TOTAL PUBLIC FUNDS $7,600,000 $7,600,000 $7,600,000 $7,600,000 76.5 Add funds for Eligibility Review contract to conduct process and systems review and audit of member records. Medical Assistance Program CFDA93.778 $1,870,000 $1,870,000 $1,870,000 $1,870,000 Reserved Fund Balances Not Itemized $1,870,000 $1,870,000 $1,870,000 $1,870,000 TOTAL PUBLIC FUNDS $3,740,000 $3,740,000 $3,740,000 $3,740,000 2162 JOURNAL OF THE HOUSE 76.6 Redirect funds in Medicaid Benefits to fund additional costs associated with the Non-Emergency Transportation (NET) contract. State General Funds $825,000 $825,000 $825,000 $825,000 76. Departmental Administration and Program Support Appropriation (HB1026) The purpose is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $63,603,495 $63,053,495 $63,053,495 $63,053,495 State General Funds $63,603,495 $63,053,495 $63,053,495 $63,053,495 TOTAL FEDERAL FUNDS $239,914,646 $239,132,486 $239,132,486 $262,132,486 Medical Assistance Program CFDA93.778 $231,768,107 $230,985,947 $230,985,947 $253,985,947 State Children's Insurance Program CFDA93.767 $8,146,539 $8,146,539 $8,146,539 $8,146,539 TOTAL AGENCY FUNDS $12,689,157 $12,921,317 $12,921,317 $35,921,317 Reserved Fund Balances $12,689,157 $12,689,157 $12,689,157 $12,689,157 Reserved Fund Balances Not Itemized $12,689,157 $12,689,157 $12,689,157 $12,689,157 Intergovernmental Transfers $232,160 $232,160 $232,160 Intergovernmental Transfers Not Itemized $232,160 $232,160 $232,160 Rebates, Refunds, and Reimbursements $23,000,000 Rebates, Refunds, and Reimbursements Not Itemized $23,000,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $19,158,820 $19,158,820 $19,158,820 $19,158,820 Health Insurance Payments $19,158,820 $19,158,820 $19,158,820 $19,158,820 TOTAL PUBLIC FUNDS $335,366,118 $334,266,118 $334,266,118 $380,266,118 Health Care Access and Improvement Continuation Budget The purpose is to improve the health, wellness and access to healthcare for Georgians. TOTAL STATE FUNDS $5,786,551 $5,786,551 $5,786,551 $5,786,551 State General Funds $5,786,551 $5,786,551 $5,786,551 $5,786,551 TOTAL FEDERAL FUNDS $549,838 $549,838 $549,838 $549,838 Medical Assistance Program CFDA93.778 $549,838 $549,838 $549,838 $549,838 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 $100,000 Sales and Services $100,000 $100,000 $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $6,436,389 $6,436,389 $6,436,389 $6,436,389 WEDNESDAY, MARCH 8, 2006 2163 Statewide Changes 77.1 WC, GTA, and GBA State General Funds $1,075 $1,075 $1,075 $1,075 One-Time Expense 77.2 Provide funds for a pilot project in Liberty County with the Community Health Centers. State General Funds $500,000 $500,000 $500,000 Federal Funds Not Itemized $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $1,000,000 $1,000,000 $1,000,000 Changes in How the Program is Funded 77.3 Support the operation of Hughes Spalding Children's Hospital. (S and CC:Transfer from Indigent Care Trust Fund) State General Funds $2,000,000 $2,000,000 77. Health Care Access and Improvement Appropriation (HB1026) The purpose is to improve the health, wellness and access to healthcare for Georgians. TOTAL STATE FUNDS $5,787,626 $6,287,626 $8,287,626 $8,287,626 State General Funds $5,787,626 $6,287,626 $8,287,626 $8,287,626 TOTAL FEDERAL FUNDS $549,838 $1,049,838 $1,049,838 $1,049,838 Federal Funds Not Itemized $500,000 $500,000 $500,000 Medical Assistance Program CFDA93.778 $549,838 $549,838 $549,838 $549,838 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 $100,000 Sales and Services $100,000 $100,000 $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $6,437,464 $7,437,464 $9,437,464 $9,437,464 Indigent Care Trust Fund Continuation Budget 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. TOTAL FEDERAL FUNDS $219,438,624 $219,438,624 $219,438,624 $219,438,624 Medical Assistance Program CFDA93.778 $219,438,624 $219,438,624 $219,438,624 $219,438,624 TOTAL AGENCY FUNDS $148,828,880 $148,828,880 $148,828,880 $148,828,880 Contributions, Donations, and Forfeitures $14,000,000 $14,000,000 $14,000,000 $14,000,000 Contributions, Donations, and Forfeitures Not Itemized $14,000,000 $14,000,000 $14,000,000 $14,000,000 2164 JOURNAL OF THE HOUSE Intergovernmental Transfers $134,828,880 $134,828,880 $134,828,880 $134,828,880 Intergovernmental Transfers Not Itemized $134,828,880 $134,828,880 $134,828,880 $134,828,880 TOTAL PUBLIC FUNDS $368,267,504 $368,267,504 $368,267,504 $368,267,504 Changes in Operations / Administration 78.1 Reflect additional revenue from intergovernmental transfers received from hospitals for Disproportionate Share Hospital (DSH) program. Medical Assistance Program CFDA93.778 $71,283,308 $71,283,308 $71,283,308 $71,283,308 Intergovernmental Transfers Not Itemized $41,830,464 $41,830,464 $41,830,464 $41,830,464 TOTAL PUBLIC FUNDS $113,113,772 $113,113,772 $113,113,772 $113,113,772 Changes in How the Program is Funded 78.2 Add funds to reflect new CMO provider fee based on 6% of their revenue beginning April 2006. State General Funds $21,534,195 $21,534,195 $21,534,195 $21,534,195 Medical Assistance Program CFDA93.778 $33,065,691 $33,065,691 $33,065,691 $33,065,691 TOTAL PUBLIC FUNDS $54,599,886 $54,599,886 $54,599,886 $54,599,886 78.3 Eliminate funding from Disproportionate Share Hospital (DSH) payments used to support Right from the Start Medicaid (RSM) Benefit Expansion based on revised federal policy. RSM will be funded in the Low Income Medicaid Program with State Funds. Medical Assistance Program CFDA93.778 ($37,580,932) ($37,580,932) ($37,580,932) ($37,580,932) Intergovernmental Transfers Not Itemized ($25,800,000) ($25,800,000) ($25,800,000) ($25,800,000) TOTAL PUBLIC FUNDS ($63,380,932) ($63,380,932) ($63,380,932) ($63,380,932) 78.4 Reflect projected revenue from ambulance fees. Medical Assistance Program CFDA93.778 $3,378,093 $3,378,093 $3,378,093 $3,378,093 Sales and Services Not Itemized $2,200,000 $2,200,000 $2,200,000 $2,200,000 TOTAL PUBLIC FUNDS $5,578,093 $5,578,093 $5,578,093 $5,578,093 78.5 Fund the state share of the Disproportionate Share Hospital Program for private hospitals with uncompensated care.(H and S: Fund the State share of the Disproportionate Share Hospital Program for qualifying private hospitals for uncompensated services to medically indigent Georgians.) State General Funds $14,000,000 $14,000,000 $14,000,000 $14,000,000 Contributions, Donations, and Forfeitures Not Itemized ($14,000,000) ($14,000,000) ($14,000,000) TOTAL PUBLIC FUNDS $0 $0 $0 WEDNESDAY, MARCH 8, 2006 2165 Changes in the Size of the Program 78.6 Support the operation of Hughes Spalding Children's Hospital. (S and CC:Transfer to Health Care Access and Improvement) State General Funds $2,000,000 $2,000,000 $0 $0 78. Indigent Care Trust Fund Appropriation (HB1026) 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. TOTAL STATE FUNDS $37,534,195 $37,534,195 $35,534,195 $35,534,195 State General Funds $37,534,195 $37,534,195 $35,534,195 $35,534,195 TOTAL FEDERAL FUNDS $289,584,784 $289,584,784 $289,584,784 $289,584,784 Medical Assistance Program CFDA93.778 $289,584,784 $289,584,784 $289,584,784 $289,584,784 TOTAL AGENCY FUNDS $167,059,344 $153,059,344 $153,059,344 $153,059,344 Contributions, Donations, and Forfeitures $14,000,000 Contributions, Donations, and Forfeitures Not Itemized $14,000,000 Intergovernmental Transfers $150,859,344 $150,859,344 $150,859,344 $150,859,344 Intergovernmental Transfers Not Itemized $150,859,344 $150,859,344 $150,859,344 $150,859,344 Sales and Services $2,200,000 $2,200,000 $2,200,000 $2,200,000 Sales and Services Not Itemized $2,200,000 $2,200,000 $2,200,000 $2,200,000 TOTAL PUBLIC FUNDS $494,178,323 $480,178,323 $478,178,323 $478,178,323 Medicaid: Aged, Blind, and Disabled Continuation Budget The purpose is to provide health care access primarily to elderly and disabled individuals. TOTAL STATE FUNDS $897,259,297 $897,259,297 $897,259,297 $897,259,297 State General Funds $895,116,272 $895,116,272 $895,116,272 $895,116,272 Tobacco Settlement Funds $2,143,025 $2,143,025 $2,143,025 $2,143,025 TOTAL FEDERAL FUNDS $2,327,230,795 $2,327,230,795 $2,327,230,795 $2,327,230,795 Medical Assistance Program CFDA93.778 $2,327,230,795 $2,327,230,795 $2,327,230,795 $2,327,230,795 TOTAL AGENCY FUNDS $91,726,671 $91,726,671 $91,726,671 $91,726,671 Intergovernmental Transfers $91,726,671 $91,726,671 $91,726,671 $91,726,671 Intergovernmental Transfers Not Itemized $91,726,671 $91,726,671 $91,726,671 $91,726,671 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $270,155,171 $270,155,171 $270,155,171 $270,155,171 Optional Medicaid Services Payments $270,155,171 $270,155,171 $270,155,171 $270,155,171 2166 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $3,586,371,934 $3,586,371,934 $3,586,371,934 $3,586,371,934 Changes in How the Program is Funded 79.1 Add funds to replace the loss of Upper Payment Limit (UPL) funds. Per agreement with CMS about the states continuation of the UPL Program, the practice of overmatching ended July 1, 2005. State General Funds $91,726,671 $90,000,000 $90,000,000 $90,000,000 Intergovernmental Transfers Not Itemized ($91,726,671) ($90,000,000) ($90,000,000) ($91,726,671) TOTAL PUBLIC FUNDS $0 $0 $0 ($1,726,671) 79.2 Add funds in Medicaid Benefits for costs associated with the federal Medicare Part D Clawback provision. Medicare Part D started in January 2006. State General Funds $6,627,262 $6,627,262 $6,627,262 $6,627,262 Medical Assistance Program CFDA93.778 $10,176,140 $10,176,140 $10,176,140 $10,176,140 TOTAL PUBLIC FUNDS $16,803,402 $16,803,402 $16,803,402 $16,803,402 79.3 Use $13,000,000 in current funds to offset savings not materialized in Disease Management. State General Funds $0 $0 $0 $0 Medical Assistance Program CFDA93.778 $0 $0 $0 $0 TOTAL PUBLIC FUNDS $0 $0 $0 $0 79.4 Use savings generated from Medicaid efficiencies to fully fund additional Medicaid needs: Recovery of Overpayments, Expenditures less than budget, Drug Rebates in excess of budget, cost settlements collected early, Accounts Receivable Balances. State General Funds ($88,268,433) ($88,268,433) ($89,268,433) ($89,268,433) Reserved Fund Balances Not Itemized $88,268,433 $88,268,433 $89,268,433 $89,268,433 TOTAL PUBLIC FUNDS $0 $0 $0 $0 79.5 Use $3,100,000 in current funds to offset savings not materialized in the ER Pilot Expansion. State General Funds $0 $0 $0 $0 79.6 Use $800,000 in current funds to offset savings not materialized in transferring Nursing Home Residents to SOURCE. State General Funds $0 $0 $0 $0 79.7 Add $10,000,000 in funds materialized in Hospital Costs Settlements. State General Funds $0 $0 $0 $0 Changes in the Size of the Program 79.8 Reduce Medicaid Benefit funds based on savings from lower cost in pharmacy and outpatient services. WEDNESDAY, MARCH 8, 2006 2167 State General Funds ($10,085,500) ($11,585,500) ($10,085,500) ($11,585,500) Medical Assistance Program CFDA93.778 ($15,486,255) ($17,789,500) ($15,486,255) ($17,789,500) TOTAL PUBLIC FUNDS ($25,571,755) ($29,375,000) ($25,571,755) ($29,375,000) 79.9 Redirect funds in Medicaid Benefits into Program Administration and Support to fund increases associated with the Non-Emergency Transportation (NET) contracts. (CC:Redirect funds in Medicaid Benefits ($193,050) into Program Administration to fund increases associated with the Non-Emergency Transportation (NET) contract and reduce Medicaid Benefits ($253,000)). State General Funds ($446,050) ($193,050) ($446,050) ($446,050) Medical Assistance Program CFDA93.778 ($684,908) ($296,428) ($684,908) ($684,908) TOTAL PUBLIC FUNDS ($1,130,958) ($489,478) ($1,130,958) ($1,130,958) 79.10 Redirect funds in Medicaid Benefits into Program Administration and Support to fund additional costs associated with the Medicaid Modernization contract. (H:Reduce Medicaid Benefits)(S:NO)(CC:See item 79.9). State General Funds ($253,000) $0 $0 Medical Assistance Program CFDA93.778 ($388,480) $0 $0 TOTAL PUBLIC FUNDS ($641,480) $0 $0 79.11 Add 10 new slots to the Independent Care Waiver Program for Physical Disabilities and Traumatic Brain Injuries (ICWP) starting April 1, 2006. State General Funds $53,038 $53,038 Medical Assistance Program CFDA93.778 $84,687 $84,687 TOTAL PUBLIC FUNDS $137,725 $137,725 79. Medicaid: Aged, Blind, and Disabled Appropriation (HB1026) The purpose is to provide health care access primarily to elderly and disabled individuals. TOTAL STATE FUNDS $896,813,247 $893,586,576 $894,139,614 $892,639,614 State General Funds $894,670,222 $891,443,551 $891,996,589 $890,496,589 Tobacco Settlement Funds $2,143,025 $2,143,025 $2,143,025 $2,143,025 TOTAL FEDERAL FUNDS $2,321,235,772 $2,318,932,527 $2,321,320,459 $2,319,017,214 Medical Assistance Program CFDA93.778 $2,321,235,772 $2,318,932,527 $2,321,320,459 $2,319,017,214 TOTAL AGENCY FUNDS $88,268,433 $89,995,104 $90,995,104 $89,268,433 Reserved Fund Balances $88,268,433 $88,268,433 $89,268,433 $89,268,433 Reserved Fund Balances Not Itemized $88,268,433 $88,268,433 $89,268,433 $89,268,433 Intergovernmental Transfers $1,726,671 $1,726,671 2168 JOURNAL OF THE HOUSE Intergovernmental Transfers Not Itemized $1,726,671 $1,726,671 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $270,155,171 $270,155,171 $270,155,171 $270,155,171 Optional Medicaid Services Payments $270,155,171 $270,155,171 $270,155,171 $270,155,171 TOTAL PUBLIC FUNDS $3,576,472,623 $3,572,669,378 $3,576,610,348 $3,571,080,432 Medicaid: Low-Income Medicaid Continuation Budget The purpose is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $1,085,234,722 $1,085,234,722 $1,085,234,722 $1,085,234,722 State General Funds $1,034,261,066 $1,034,261,066 $1,034,261,066 $1,034,261,066 Tobacco Settlement Funds $50,973,656 $50,973,656 $50,973,656 $50,973,656 TOTAL FEDERAL FUNDS $1,439,078,743 $1,439,078,743 $1,439,078,743 $1,439,078,743 Medical Assistance Program CFDA93.778 $1,439,078,743 $1,439,078,743 $1,439,078,743 $1,439,078,743 TOTAL AGENCY FUNDS $55,243,078 $55,243,078 $55,243,078 $55,243,078 Intergovernmental Transfers $55,243,078 $55,243,078 $55,243,078 $55,243,078 Intergovernmental Transfers Not Itemized $55,243,078 $55,243,078 $55,243,078 $55,243,078 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $51,458,128 $51,458,128 $51,458,128 $51,458,128 Optional Medicaid Services Payments $51,458,128 $51,458,128 $51,458,128 $51,458,128 TOTAL PUBLIC FUNDS $2,631,014,671 $2,631,014,671 $2,631,014,671 $2,631,014,671 Changes in Operations / Administration 80.1 Add funds to move from cash to accrual based accounting to accommodate capitation payments made to CMO's in lieu of traditional fee-for-service payments beginning April 1, 2006. State General Funds $18,869,655 $18,869,655 $18,869,655 $18,869,655 Medical Assistance Program CFDA93.778 $28,974,295 $28,974,295 $28,974,295 $28,974,295 TOTAL PUBLIC FUNDS $47,843,950 $47,843,950 $47,843,950 $47,843,950 Changes in How the Program is Funded 80.2 Replace funds eliminated in the Indigent Care Trust Fund for Right from the Start Medicaid (RSM) due to Federal policy changes in the Disproportionate Share Hospital (DSH) Program. State General Funds $22,000,000 $22,000,000 $22,000,000 $22,000,000 Medical Assistance Program CFDA93.778 $33,780,933 $33,780,933 $33,780,933 $33,780,933 TOTAL PUBLIC FUNDS $55,780,933 $55,780,933 $55,780,933 $55,780,933 WEDNESDAY, MARCH 8, 2006 2169 80.3 Add funds to replace the loss of Upper Payment Limit (UPL) Funds for pregnant women and children. Per agreement with CMS about the states continuation of the UPL Program, the practice of overmatching ended July 1, 2005. State General Funds $55,243,078 $55,243,078 $55,243,078 $55,243,078 Intergovernmental Transfers Not Itemized ($55,243,078) ($55,243,078) ($55,243,078) ($55,243,078) TOTAL PUBLIC FUNDS $0 $0 $0 $0 80.4 Use savings generated from Medicaid efficiencies to fully fund additional Medicaid needs: Recovery of Overpayments, Expenditures less than budget, Drug Rebates in excess of budget, cost settlements collected early, Accounts Receivable Balances. State General Funds ($56,242,775) ($56,242,775) ($56,242,775) ($56,242,775) Reserved Fund Balances Not Itemized $56,242,775 $56,242,775 $56,242,775 $56,242,775 TOTAL PUBLIC FUNDS $0 $0 $0 $0 Changes in the Size of the Program 80.5 Reduce Medicaid Benefit funds based on lower costs in pharmacy and outpatient services. State General Funds ($6,723,668) ($6,723,668) ($6,723,668) ($6,723,668) Medical Assistance Program CFDA93.778 ($10,324,172) ($10,324,172) ($10,324,172) ($10,324,172) TOTAL PUBLIC FUNDS ($17,047,840) ($17,047,840) ($17,047,840) ($17,047,840) 80.6 Reduce Medicaid Benefit funds based on projected savings of 8% over the traditional fee-for-service payments from implementation of the Managed Care Model starting April 1, 2006, in the Atlanta and Central Regions. State General Funds ($11,612,095) ($11,612,095) ($11,612,095) ($11,612,095) Medical Assistance Program CFDA93.778 ($17,830,337) ($17,830,337) ($17,830,337) ($17,830,337) TOTAL PUBLIC FUNDS ($29,442,432) ($29,442,432) ($29,442,432) ($29,442,432) 80.7 Reduce funds for Medicaid Benefits starting April 1, 2006 for participating CMOs to remit provider fees based on 6% of their revenue. State General Funds ($21,534,195) ($21,534,195) ($21,534,195) ($21,534,195) Medical Assistance Program CFDA93.778 ($33,065,691) ($33,065,691) ($33,065,691) ($33,065,691) TOTAL PUBLIC FUNDS ($54,599,886) ($54,599,886) ($54,599,886) ($54,599,886) 80.8 Transfer from DHR Community Services Adult program to implement Georgia Healthy Families which serves Medicaid clients who receive mental health services. (CC:Recognize delayed implementation) State General Funds $2,025,041 $2,025,041 $2,025,041 $675,014 Optional Medicaid Services Payments ($2,025,041) ($2,025,041) ($2,025,041) ($675,014) 2170 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $0 $0 $0 $0 80.9 Redirect funds in Medicaid Benefits into Program Administration and Support to fund additional costs associated with the Non-Emergency Transportation (NET) contract. (CC:Redirect funds in Medicaid Benefits ($631,950) into Program Administration to fund increases associated with the Non-Emergency Transportation (NET) contract, and reduce Medicaid Benefits ($297,000)). State General Funds ($928,950) ($631,950) ($928,950) ($928,950) Medical Assistance Program CFDA93.778 ($1,426,400) ($970,357) ($1,426,400) ($1,426,400) TOTAL PUBLIC FUNDS ($2,355,350) ($1,602,307) ($2,355,350) ($2,355,350) 80.10 Redirect funds in Medicaid Benefits into Program Administration and Support to fund additional costs associated with the Medicaid Modernization contract.(H:Reduce Medicaid Benefits)(S:NO)(CC:See item 80.9) State General Funds ($297,000) $0 $0 Medical Assistance Program CFDA93.778 ($456,043) $0 $0 TOTAL PUBLIC FUNDS ($753,043) $0 $0 80. Medicaid: Low-Income Medicaid Appropriation (HB1026) The purpose is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $1,086,330,813 $1,086,330,813 $1,086,330,813 $1,084,980,786 State General Funds $1,035,357,157 $1,035,357,157 $1,035,357,157 $1,034,007,130 Tobacco Settlement Funds $50,973,656 $50,973,656 $50,973,656 $50,973,656 TOTAL FEDERAL FUNDS $1,439,187,371 $1,439,187,371 $1,439,187,371 $1,439,187,371 Medical Assistance Program CFDA93.778 $1,439,187,371 $1,439,187,371 $1,439,187,371 $1,439,187,371 TOTAL AGENCY FUNDS $56,242,775 $56,242,775 $56,242,775 $56,242,775 Reserved Fund Balances $56,242,775 $56,242,775 $56,242,775 $56,242,775 Reserved Fund Balances Not Itemized $56,242,775 $56,242,775 $56,242,775 $56,242,775 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $49,433,087 $49,433,087 $49,433,087 $50,783,114 Optional Medicaid Services Payments $49,433,087 $49,433,087 $49,433,087 $50,783,114 TOTAL PUBLIC FUNDS $2,631,194,046 $2,631,194,046 $2,631,194,046 $2,631,194,046 Nursing Home Provider Fees Continuation Budget 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 STATE FUNDS $100,229,284 $100,229,284 $100,229,284 $100,229,284 WEDNESDAY, MARCH 8, 2006 2171 State General Funds $100,229,284 $100,229,284 $100,229,284 $100,229,284 TOTAL FEDERAL FUNDS $147,967,356 $147,967,356 $147,967,356 $147,967,356 Medical Assistance Program CFDA93.778 $147,967,356 $147,967,356 $147,967,356 $147,967,356 TOTAL PUBLIC FUNDS $248,196,640 $248,196,640 $248,196,640 $248,196,640 Changes in the Size of the Program 81.1 Adjust to reflect actual nursing home provider fee revenue in FY 2006. State General Funds ($942,108) ($942,108) ($942,108) ($942,108) Medical Assistance Program CFDA93.778 ($1,446,604) ($1,446,604) ($1,446,604) ($1,446,604) TOTAL PUBLIC FUNDS ($2,388,712) ($2,388,712) ($2,388,712) ($2,388,712) 81. Nursing Home Provider Fees Appropriation (HB1026) 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 STATE FUNDS $99,287,176 $99,287,176 $99,287,176 $99,287,176 State General Funds $99,287,176 $99,287,176 $99,287,176 $99,287,176 TOTAL FEDERAL FUNDS $146,520,752 $146,520,752 $146,520,752 $146,520,752 Medical Assistance Program CFDA93.778 $146,520,752 $146,520,752 $146,520,752 $146,520,752 TOTAL PUBLIC FUNDS $245,807,928 $245,807,928 $245,807,928 $245,807,928 PeachCare Continuation Budget The purpose is to offer comprehensive health care to uninsured children living in Georgia. TOTAL STATE FUNDS $67,159,673 $67,159,673 $67,159,673 $67,159,673 State General Funds $62,188,968 $62,188,968 $62,188,968 $62,188,968 Tobacco Settlement Funds $4,970,705 $4,970,705 $4,970,705 $4,970,705 TOTAL FEDERAL FUNDS $174,337,041 $174,337,041 $174,337,041 $174,337,041 State Children's Insurance Program CFDA93.767 $174,337,041 $174,337,041 $174,337,041 $174,337,041 TOTAL PUBLIC FUNDS $241,496,714 $241,496,714 $241,496,714 $241,496,714 Changes in the Size of the Program 82.1 Restore the dental codes cut in FY 2006 budget in the PeachCare dental budget using funds already included in the CMO rates as members move into risk-based managed care.(H and S:YES) State General Funds $0 $0 $0 $0 2172 JOURNAL OF THE HOUSE 82. PeachCare Appropriation (HB1026) The purpose is to offer comprehensive health care to uninsured children living in Georgia. TOTAL STATE FUNDS $67,159,673 $67,159,673 $67,159,673 $67,159,673 State General Funds $62,188,968 $62,188,968 $62,188,968 $62,188,968 Tobacco Settlement Funds $4,970,705 $4,970,705 $4,970,705 $4,970,705 TOTAL FEDERAL FUNDS $174,337,041 $174,337,041 $174,337,041 $174,337,041 State Children's Insurance Program CFDA93.767 $174,337,041 $174,337,041 $174,337,041 $174,337,041 TOTAL PUBLIC FUNDS $241,496,714 $241,496,714 $241,496,714 $241,496,714 State Health Benefit Plan Continuation Budget 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 INTRA-STATE GOVERNMENT TRANSFERS $1,959,882,468 $1,959,882,468 $1,959,882,468 $1,959,882,468 Health Insurance Payments $1,959,882,468 $1,959,882,468 $1,959,882,468 $1,959,882,468 TOTAL PUBLIC FUNDS $1,959,882,468 $1,959,882,468 $1,959,882,468 $1,959,882,468 Changes in Operations / Administration 83.1 Increase funds to reflect appropriated employer contributions and employee premiums for the State Health Benefit Plan. Health Insurance Payments $232,118,461 $232,118,461 $232,118,461 $232,118,461 83. State Health Benefit Plan Appropriation (HB1026) 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 INTRA-STATE GOVERNMENT TRANSFERS $2,192,000,929 $2,192,000,929 $2,192,000,929 $2,192,000,929 Health Insurance Payments $2,192,000,929 $2,192,000,929 $2,192,000,929 $2,192,000,929 TOTAL PUBLIC FUNDS $2,192,000,929 $2,192,000,929 $2,192,000,929 $2,192,000,929 Composite Board of Medical Examiners Continuation Budget 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) WEDNESDAY, MARCH 8, 2006 2173 detoxification specialists. TOTAL STATE FUNDS $2,135,705 $2,135,705 $2,135,705 $2,135,705 State General Funds $2,135,705 $2,135,705 $2,135,705 $2,135,705 TOTAL PUBLIC FUNDS $2,135,705 $2,135,705 $2,135,705 $2,135,705 Statewide Changes 84.1 WC, GTA, and GBA State General Funds $1,137 $1,137 $1,137 $1,137 84. Composite Board of Medical Examiners Appropriation (HB1026) 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 STATE FUNDS $2,136,842 $2,136,842 $2,136,842 $2,136,842 State General Funds $2,136,842 $2,136,842 $2,136,842 $2,136,842 TOTAL PUBLIC FUNDS $2,136,842 $2,136,842 $2,136,842 $2,136,842 Physician Workforce, Georgia Board of: Board Continuation Budget The purpose is to provide support services to the programs of the Georgia Board of Physician Workforce. TOTAL STATE FUNDS $533,241 $533,241 $533,241 $533,241 State General Funds $533,241 $533,241 $533,241 $533,241 TOTAL PUBLIC FUNDS $533,241 $533,241 $533,241 $533,241 Statewide Changes 85.1 WC, GTA, and GBA State General Funds $256 $256 $256 $256 85. Physician Workforce, Georgia Board of: Board Administration Appropriation (HB1026) The purpose is to provide support services to the programs of the Georgia Board of Physician Workforce. TOTAL STATE FUNDS $533,497 $533,497 $533,497 $533,497 State General Funds $533,497 $533,497 $533,497 $533,497 TOTAL PUBLIC FUNDS $533,497 $533,497 $533,497 $533,497 Physician Workforce, Georgia Board of: Graduate Medical Continuation Budget 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. 2174 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $6,501,965 $6,501,965 $6,501,965 $6,501,965 State General Funds $6,501,965 $6,501,965 $6,501,965 $6,501,965 TOTAL PUBLIC FUNDS $6,501,965 $6,501,965 $6,501,965 $6,501,965 86. Physician Workforce, Georgia Board of: Graduate Medical Education Appropriation (HB1026) 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 STATE FUNDS $6,501,965 $6,501,965 $6,501,965 $6,501,965 State General Funds $6,501,965 $6,501,965 $6,501,965 $6,501,965 TOTAL PUBLIC FUNDS $6,501,965 $6,501,965 $6,501,965 $6,501,965 Physician Workforce, Georgia Board of: Mercer School of Medicine Grant Continuation Budget The purpose is to recruit and train students as physicians committed to the primary healthcare needs of underserved Georgians. TOTAL STATE FUNDS $17,960,862 $17,960,862 $17,960,862 $17,960,862 State General Funds $17,960,862 $17,960,862 $17,960,862 $17,960,862 TOTAL PUBLIC FUNDS $17,960,862 $17,960,862 $17,960,862 $17,960,862 87. Physician Workforce, Georgia Board of: Mercer School of Appropriation (HB1026) Medicine Grant The purpose is to recruit and train students as physicians committed to the primary healthcare needs of underserved Georgians. TOTAL STATE FUNDS $17,960,862 $17,960,862 $17,960,862 $17,960,862 State General Funds $17,960,862 $17,960,862 $17,960,862 $17,960,862 TOTAL PUBLIC FUNDS $17,960,862 $17,960,862 $17,960,862 $17,960,862 Physician Workforce, Georgia Board of: Morehouse School of Medicine Grant Continuation Budget The purpose is to recruit and train students as physicians committed to the primary healthcare needs of underserved Georgians. TOTAL STATE FUNDS $10,141,628 $10,141,628 $10,141,628 $10,141,628 State General Funds $10,141,628 $10,141,628 $10,141,628 $10,141,628 TOTAL PUBLIC FUNDS $10,141,628 $10,141,628 $10,141,628 $10,141,628 WEDNESDAY, MARCH 8, 2006 2175 88. Physician Workforce, Georgia Board of: Morehouse Appropriation (HB1026) School of Medicine Grant The purpose is to recruit and train students as physicians committed to the primary healthcare needs of underserved Georgians. TOTAL STATE FUNDS $10,141,628 $10,141,628 $10,141,628 $10,141,628 State General Funds $10,141,628 $10,141,628 $10,141,628 $10,141,628 TOTAL PUBLIC FUNDS $10,141,628 $10,141,628 $10,141,628 $10,141,628 Physician Workforce, Georgia Board of: Undergraduate Continuation Budget 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 STATE FUNDS $3,428,706 $3,428,706 $3,428,706 $3,428,706 State General Funds $3,428,706 $3,428,706 $3,428,706 $3,428,706 TOTAL PUBLIC FUNDS $3,428,706 $3,428,706 $3,428,706 $3,428,706 89. Physician Workforce, Georgia Board of: Undergraduate Appropriation (HB1026) 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 STATE FUNDS $3,428,706 $3,428,706 $3,428,706 $3,428,706 State General Funds $3,428,706 $3,428,706 $3,428,706 $3,428,706 TOTAL PUBLIC FUNDS $3,428,706 $3,428,706 $3,428,706 $3,428,706 Medical Education Board, State Continuation Budget 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 STATE FUNDS $1,352,788 $1,352,788 $1,352,788 $1,352,788 State General Funds $1,352,788 $1,352,788 $1,352,788 $1,352,788 TOTAL PUBLIC FUNDS $1,352,788 $1,352,788 $1,352,788 $1,352,788 Statewide Changes 90.1 WC, GTA, and GBA State General Funds $122 $122 $122 $122 2176 JOURNAL OF THE HOUSE 90. Medical Education Board, State Appropriation (HB1026) 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 STATE FUNDS $1,352,910 $1,352,910 $1,352,910 $1,352,910 State General Funds $1,352,910 $1,352,910 $1,352,910 $1,352,910 TOTAL PUBLIC FUNDS $1,352,910 $1,352,910 $1,352,910 $1,352,910 This paragraph applies to and only to the appropriations for the "MEDICAID: LOW-INCOME 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. Section 18: Corrections, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Administration Planning & Construction CFDA20.205 Section Total - Continuation $927,228,065 $927,228,065 $927,228,065 $927,228,065 $927,228,065 $927,228,065 $927,228,065 $927,228,065 $10,316,943 $10,316,943 $10,316,943 $10,316,943 $10,316,943 $10,316,943 $10,316,943 $10,316,943 $21,256,350 $21,256,350 $21,256,350 $21,256,350 $3,837,834 $3,837,834 $3,837,834 $3,837,834 $17,418,516 $17,418,516 $17,418,516 $17,418,516 $958,801,358 $958,801,358 $958,801,358 Section Total - Final $958,801,358 $967,182,400 $967,631,189 $967,631,189 $967,631,189 $967,182,400 $967,631,189 $967,631,189 $967,631,189 $10,299,982 $10,302,730 $15,353,265 $15,353,265 $10,299,982 $10,302,730 $15,350,854 $15,350,854 $2,411 $2,411 WEDNESDAY, MARCH 8, 2006 2177 TOTAL AGENCY FUNDS $20,725,148 $20,747,651 $38,436,866 $38,276,852 Reserved Fund Balances $234,681 $234,681 Rebates, Refunds, and Reimbursements $1,968,576 $1,874,018 Royalties and Rents $3,533,632 $3,533,632 $6,592,371 $6,592,371 Sales and Services $17,191,516 $17,214,019 $29,641,238 $29,575,782 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,308,201 $1,308,201 TOTAL PUBLIC FUNDS $998,207,530 $998,681,570 $1,022,729,521 $1,022,569,507 Bainbridge Probation Substance Abuse Treatment Center Continuation Budget The purpose is to provide a sanctioning option for probationers who require more security and supervision than provided by regular community supervision. TOTAL STATE FUNDS $3,226,673 $3,226,673 $3,226,673 $3,226,673 State General Funds $3,226,673 $3,226,673 $3,226,673 $3,226,673 TOTAL FEDERAL FUNDS $20,743 $20,743 $20,743 $20,743 Federal Funds Not Itemized $20,743 $20,743 $20,743 $20,743 TOTAL AGENCY FUNDS $7,046 $7,046 $7,046 $7,046 Sales and Services $7,046 $7,046 $7,046 $7,046 Sales and Services Not Itemized $7,046 $7,046 $7,046 $7,046 TOTAL PUBLIC FUNDS $3,254,462 $3,254,462 $3,254,462 $3,254,462 Statewide Changes 91.1 WC, GTA, and GBA State General Funds $4,434 $4,434 $4,434 $4,434 Changes in Operations / Administration 91.5 Provide additional funds for increased utilities cost. State General Funds $51,159 Changes in the Size of the Program 91.2 Transfer RSAT Contract Funds to cover PSATC Contract Costs increases. This increase is based on the state employee payraise (2%). State General Funds $13,330 $13,330 $13,330 $13,330 91.3 Reduce funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds ($51,930) ($51,930) ($51,930) ($51,930) 2178 JOURNAL OF THE HOUSE 91.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognizing agency funds for violent offender bedspace and the Spectrum Contract. Federal Funds Not Itemized $400,480 $400,480 Sales and Services Not Itemized $6,807 $6,807 TOTAL PUBLIC FUNDS $407,287 $407,287 91. Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB1026) The purpose is to provide a sanctioning option for probationers who require more security and supervision than provided by regular community supervision. TOTAL STATE FUNDS $3,192,507 $3,192,507 $3,192,507 $3,243,666 State General Funds $3,192,507 $3,192,507 $3,192,507 $3,243,666 TOTAL FEDERAL FUNDS $20,743 $20,743 $421,223 $421,223 Federal Funds Not Itemized $20,743 $20,743 $421,223 $421,223 TOTAL AGENCY FUNDS $7,046 $7,046 $13,853 $13,853 Sales and Services $7,046 $7,046 $13,853 $13,853 Sales and Services Not Itemized $7,046 $7,046 $13,853 $13,853 TOTAL PUBLIC FUNDS $3,220,296 $3,220,296 $3,627,583 $3,678,742 Compensation Per General Assembly Resolutions Continuation Budget The purpose is to fund HR108 of the 2005 session. TOTAL STATE FUNDS $512,377 $512,377 $512,377 $512,377 State General Funds $512,377 $512,377 $512,377 $512,377 TOTAL PUBLIC FUNDS $512,377 $512,377 $512,377 $512,377 One-Time Expense 92.1 Provide full funding of an annuity for a wrongfully convicted inmate as required by HR108. State General Funds $200,000 $200,000 $200,000 $200,000 92. Compensation Per General Assembly Resolutions Appropriation (HB1026) The purpose is to fund HR108 of the 2005 session. TOTAL STATE FUNDS $712,377 $712,377 $712,377 $712,377 State General Funds $712,377 $712,377 $712,377 $712,377 TOTAL PUBLIC FUNDS $712,377 $712,377 $712,377 $712,377 County Jail Subsidy Continuation Budget The purpose is to reimburse counties for the costs of incarcerating state prisoners in their local facilities. WEDNESDAY, MARCH 8, 2006 2179 TOTAL STATE FUNDS $9,653,491 $9,653,491 $9,653,491 $9,653,491 State General Funds $9,653,491 $9,653,491 $9,653,491 $9,653,491 TOTAL FEDERAL FUNDS $2,501,508 $2,501,508 $2,501,508 $2,501,508 Federal Funds Not Itemized $2,501,508 $2,501,508 $2,501,508 $2,501,508 TOTAL PUBLIC FUNDS $12,154,999 $12,154,999 $12,154,999 $12,154,999 Changes in the Size of the Program 93.1 Provide additional funds for County Subsidy for Jails. State General Funds $3,175,805 $3,175,805 $3,175,805 $3,175,805 93. County Jail Subsidy Appropriation (HB1026) The purpose is to reimburse counties for the costs of incarcerating state prisoners in their local facilities. TOTAL STATE FUNDS $12,829,296 $12,829,296 $12,829,296 $12,829,296 State General Funds $12,829,296 $12,829,296 $12,829,296 $12,829,296 TOTAL FEDERAL FUNDS $2,501,508 $2,501,508 $2,501,508 $2,501,508 Federal Funds Not Itemized $2,501,508 $2,501,508 $2,501,508 $2,501,508 TOTAL PUBLIC FUNDS $15,330,804 $15,330,804 $15,330,804 $15,330,804 Departmental Administration Continuation Budget 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 STATE FUNDS $53,012,017 $53,012,017 $53,012,017 $53,012,017 State General Funds $53,012,017 $53,012,017 $53,012,017 $53,012,017 TOTAL FEDERAL FUNDS $1,836,000 $1,836,000 $1,836,000 $1,836,000 Federal Funds Not Itemized $1,836,000 $1,836,000 $1,836,000 $1,836,000 TOTAL PUBLIC FUNDS $54,848,017 $54,848,017 $54,848,017 $54,848,017 Statewide Changes 94.1 WC, GTA, and GBA State General Funds $74,732 $74,732 $74,732 $74,732 Changes in Operations / Administration 94.8 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to transfer funds for claims and judgments and to cover deficits. State General Funds ($93,740) ($93,740) 94.11 Provide additional funds for increased utilities cost. 2180 JOURNAL OF THE HOUSE State General Funds $91,450 One-Time Expense 94.9 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase funds from insurance claims and telephone commission funds for operating expenses. Rebates, Refunds, and Reimbursements Not Itemized $115,229 $20,671 Agency to Agency Contracts $65,456 $65,456 TOTAL PUBLIC FUNDS $180,685 $86,127 94.10 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for reimbursement from the G-8 Summit. Federal Funds Not Itemized $10,000 $10,000 Changes in the Size of the Program 94.2 Transfer RSAT Contract Funds to cover the RSAT Vocational Education component in the State Prison Program and the RSAT contract increase in the Bainbridge PSATC Program. State General Funds ($214,569) ($214,569) ($214,569) ($214,569) 94.3 Transfer funds from closing a Probation Detention Center to cover the assessment fees for fuel storage tanks. State General Funds $220,000 $0 $0 $0 94.4 Transfer funds from closing a Probation Detention Center to cover fees to store records at the State Record Center. State General Funds $60,963 $0 $0 $0 94.5 Transfer funds from other programs to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds $2,513,950 $2,513,950 $2,513,950 $2,513,950 94.6 Transfer one position to the Georgia Peace Officer Standards and Training Council have case investigations performed by an outside party so a GDC officer is not investigated by a GDC Investigator. State General Funds ($10,767) ($10,767) ($10,767) ($10,767) 94.7 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and agency funds for the State Criminal Alien Assistance program, life skills training for inmates, and violent offender bedspace. Federal Funds Not Itemized $547,590 $547,590 Federal Highway Administration Planning & Construction $2,411 $2,411 CFDA20.205 Royalties and Rents Not Itemized $2,233,259 $2,233,259 WEDNESDAY, MARCH 8, 2006 2181 Sales and Services Not Itemized $1,220,041 $1,154,585 TOTAL PUBLIC FUNDS $4,003,301 $3,937,845 94. Departmental Administration Appropriation (HB1026) 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 STATE FUNDS $55,656,326 $55,375,363 $55,281,623 $55,373,073 State General Funds $55,656,326 $55,375,363 $55,281,623 $55,373,073 TOTAL FEDERAL FUNDS $1,836,000 $1,836,000 $2,396,001 $2,396,001 Federal Funds Not Itemized $1,836,000 $1,836,000 $2,393,590 $2,393,590 Federal Highway Administration Planning & Construction $2,411 $2,411 CFDA20.205 TOTAL AGENCY FUNDS $3,568,529 $3,408,515 Rebates, Refunds, and Reimbursements $115,229 $20,671 Rebates, Refunds, and Reimbursements Not Itemized $115,229 $20,671 Royalties and Rents $2,233,259 $2,233,259 Royalties and Rents Not Itemized $2,233,259 $2,233,259 Sales and Services $1,220,041 $1,154,585 Sales and Services Not Itemized $1,220,041 $1,154,585 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $65,456 $65,456 Agency to Agency Contracts $65,456 $65,456 TOTAL PUBLIC FUNDS $57,492,326 $57,211,363 $61,311,609 $61,243,045 Detention Centers Continuation Budget 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 STATE FUNDS $43,455,859 $43,455,859 $43,455,859 $43,455,859 State General Funds $43,455,859 $43,455,859 $43,455,859 $43,455,859 TOTAL FEDERAL FUNDS $2,574,466 $2,574,466 $2,574,466 $2,574,466 Federal Funds Not Itemized $2,574,466 $2,574,466 $2,574,466 $2,574,466 TOTAL AGENCY FUNDS $1,136,399 $1,136,399 $1,136,399 $1,136,399 Sales and Services $1,136,399 $1,136,399 $1,136,399 $1,136,399 Sales and Services Not Itemized $1,136,399 $1,136,399 $1,136,399 $1,136,399 2182 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $47,166,724 $47,166,724 $47,166,724 $47,166,724 Statewide Changes 95.1 WC, GTA, and GBA State General Funds $64,266 $64,266 $64,266 $64,266 Changes in Operations / Administration 95.7 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to transfer funds to cover deficits. State General Funds ($89,240) ($89,240) 95.8 Provide additional funds for increased utilities cost. State General Funds $965,798 Changes in the Size of the Program 95.2 Transfer funds from other programs to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds $535,252 $535,252 $535,252 $535,252 95.3 Transfer funds from closing a Probation Detention Center to Inmate Release Funds, Fuel Storage Tank Maintenance, State Record Center storage and Medical Payments to County Correctional Institutions. State General Funds ($1,463,780) $0 $0 $0 Federal Funds Not Itemized ($2,748) $0 $0 $0 Sales and Services Not Itemized ($22,503) $0 $0 $0 TOTAL PUBLIC FUNDS ($1,489,031) $0 $0 $0 95.4 Redistribute funds from closing a Probation Detention Center to open Long Inmate Boot Camp attached to Smith State Prison. State General Funds ($1,295,585) ($1,295,585) ($1,295,585) ($1,295,585) Federal Funds Not Itemized ($9,910) ($9,910) ($9,910) ($9,910) Sales and Services Not Itemized ($202,889) ($202,889) ($202,889) ($202,889) TOTAL PUBLIC FUNDS ($1,508,384) ($1,508,384) ($1,508,384) ($1,508,384) 95.5 Redistribute funds from converting a Probation Detention Center to a State Prison Unit. State General Funds ($1,340,431) ($1,340,431) ($1,340,431) ($1,340,431) Federal Funds Not Itemized ($18,685) ($18,685) ($18,685) ($18,685) Sales and Services Not Itemized ($15,747) ($15,747) ($15,747) ($15,747) TOTAL PUBLIC FUNDS ($1,374,863) ($1,374,863) ($1,374,863) ($1,374,863) WEDNESDAY, MARCH 8, 2006 2183 95.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognizing agency funds for violent offender bedspace and contracts for offender work detail. Federal Funds Not Itemized $2,025,459 $2,025,459 Royalties and Rents Not Itemized $600,000 $600,000 Sales and Services Not Itemized $4,425,085 $4,425,085 TOTAL PUBLIC FUNDS $7,050,544 $7,050,544 95. Detention Centers Appropriation (HB1026) 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 STATE FUNDS $39,955,581 $41,419,361 $41,330,121 $42,295,919 State General Funds $39,955,581 $41,419,361 $41,330,121 $42,295,919 TOTAL FEDERAL FUNDS $2,543,123 $2,545,871 $4,571,330 $4,571,330 Federal Funds Not Itemized $2,543,123 $2,545,871 $4,571,330 $4,571,330 TOTAL AGENCY FUNDS $895,260 $917,763 $5,942,848 $5,942,848 Royalties and Rents $600,000 $600,000 Royalties and Rents Not Itemized $600,000 $600,000 Sales and Services $895,260 $917,763 $5,342,848 $5,342,848 Sales and Services Not Itemized $895,260 $917,763 $5,342,848 $5,342,848 TOTAL PUBLIC FUNDS $43,393,964 $44,882,995 $51,844,299 $52,810,097 Food and Farm Operations Continuation Budget The purpose is to raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS $12,407,740 $12,407,740 $12,407,740 $12,407,740 State General Funds $12,407,740 $12,407,740 $12,407,740 $12,407,740 TOTAL FEDERAL FUNDS $22,000 $22,000 $22,000 $22,000 Federal Funds Not Itemized $22,000 $22,000 $22,000 $22,000 TOTAL AGENCY FUNDS $194,725 $194,725 $194,725 $194,725 Sales and Services $194,725 $194,725 $194,725 $194,725 Sales and Services Not Itemized $194,725 $194,725 $194,725 $194,725 TOTAL PUBLIC FUNDS $12,624,465 $12,624,465 $12,624,465 $12,624,465 Statewide Changes 96.1 WC, GTA, and GBA 2184 JOURNAL OF THE HOUSE State General Funds $17,201 $17,201 $17,201 $17,201 Changes in Operations / Administration 96.6 Provide additional funds for increased utilities cost. State General Funds $18,140 One-Time Expense 96.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase funds from insurance claims for operating expenses. Rebates, Refunds, and Reimbursements Not Itemized $11,000 $11,000 Changes in How the Program is Funded 96.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to transfer funds from Valdosta State Prison to Food Distribution. State General Funds $6,120 $6,120 Federal Funds Not Itemized ($6,120) ($6,120) TOTAL PUBLIC FUNDS $0 $0 Changes in the Size of the Program 96.2 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds ($41,677) ($41,677) ($41,677) ($41,677) 96.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase funds in operating expenses from the sale of beef for the purchase of beef trimmings and products. Sales and Services Not Itemized $136,473 $136,473 96. Food and Farm Operations Appropriation (HB1026) The purpose is to raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS $12,383,264 $12,383,264 $12,389,384 $12,407,524 State General Funds $12,383,264 $12,383,264 $12,389,384 $12,407,524 TOTAL FEDERAL FUNDS $22,000 $22,000 $15,880 $15,880 Federal Funds Not Itemized $22,000 $22,000 $15,880 $15,880 TOTAL AGENCY FUNDS $194,725 $194,725 $342,198 $342,198 Rebates, Refunds, and Reimbursements $11,000 $11,000 Rebates, Refunds, and Reimbursements Not Itemized $11,000 $11,000 Sales and Services $194,725 $194,725 $331,198 $331,198 WEDNESDAY, MARCH 8, 2006 2185 Sales and Services Not Itemized $194,725 $194,725 $331,198 $331,198 TOTAL PUBLIC FUNDS $12,599,989 $12,599,989 $12,747,462 $12,765,602 Health Continuation Budget 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 STATE FUNDS $151,543,143 $151,543,143 $151,543,143 $151,543,143 State General Funds $151,543,143 $151,543,143 $151,543,143 $151,543,143 TOTAL AGENCY FUNDS $8,464,209 $8,464,209 $8,464,209 $8,464,209 Sales and Services $8,464,209 $8,464,209 $8,464,209 $8,464,209 Sales and Services Not Itemized $8,464,209 $8,464,209 $8,464,209 $8,464,209 TOTAL PUBLIC FUNDS $160,007,352 $160,007,352 $160,007,352 $160,007,352 Statewide Changes 97.1 WC, GTA, and GBA State General Funds $218,015 $218,015 $218,015 $218,015 One-Time Expense 97.2 Transfer funds from closing a Probation Detention Center to reimburse County Correctional Institutions for medical payments resulting from a catastrophic burn case. State General Funds $600,000 $0 $0 $0 Changes in the Size of the Program 97.3 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds ($402,267) ($402,267) ($402,267) ($402,267) 97.4 Provide start-up and operating funds for 918 additional beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. State General Funds $782,532 $782,532 $782,532 $782,532 97.5 Provide additional funds for Health Services Purchases. State General Funds $11,181,124 $11,181,124 $11,181,124 $11,181,124 97.6 Provide start-up and operating funds for 1348 temporary beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. State General Funds $2,199,740 $2,199,740 $2,199,740 $2,199,740 2186 JOURNAL OF THE HOUSE 97.7 Provide start-up and operating funds for 768 beds at four vacant Probation Detention Centers to be operated as State Prison units to reduce county jail backlogs and meet increased capacity needs. (H and S:The facilities should be opened in the following order: Lamar, Wilkes, Appling, and Turner) State General Funds $603,306 $603,306 $603,306 $603,306 97.8 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognizing agency funds for operating expenses, pre-release services for HIV positive inmates, and mental health diversion pilot program in Hall County. Federal Funds Not Itemized $176,154 $176,154 Sales and Services Not Itemized $2,908,830 $2,908,830 TOTAL PUBLIC FUNDS $3,084,984 $3,084,984 97. Health Appropriation (HB1026) 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 STATE FUNDS $166,725,593 $166,125,593 $166,125,593 $166,125,593 State General Funds $166,725,593 $166,125,593 $166,125,593 $166,125,593 TOTAL FEDERAL FUNDS $176,154 $176,154 Federal Funds Not Itemized $176,154 $176,154 TOTAL AGENCY FUNDS $8,464,209 $8,464,209 $11,373,039 $11,373,039 Sales and Services $8,464,209 $8,464,209 $11,373,039 $11,373,039 Sales and Services Not Itemized $8,464,209 $8,464,209 $11,373,039 $11,373,039 TOTAL PUBLIC FUNDS $175,189,802 $174,589,802 $177,674,786 $177,674,786 Offender Management Continuation Budget The purpose is to provide cost effective correctional services that ensures public safety. TOTAL STATE FUNDS $44,118,606 $44,118,606 $44,118,606 $44,118,606 State General Funds $44,118,606 $44,118,606 $44,118,606 $44,118,606 TOTAL PUBLIC FUNDS $44,118,606 $44,118,606 $44,118,606 $44,118,606 Statewide Changes 98.1 WC, GTA, and GBA State General Funds $60,113 $60,113 $60,113 $60,113 Changes in Operations / Administration 98.5 Provide additional funds for increased utilities cost. WEDNESDAY, MARCH 8, 2006 2187 State General Funds $1,814 One-Time Expense 98.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds for G-8 Summit reimbursements. Federal Funds Not Itemized $59,280 $59,280 Changes in the Size of the Program 98.2 Transfer funds from closing a Probation Detention Center to Inmate Release Funds. State General Funds $134,028 $0 $0 $0 98.3 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds ($104,698) ($104,698) ($104,698) ($104,698) 98. Offender Management Appropriation (HB1026) The purpose is to provide cost effective correctional services that ensures public safety. TOTAL STATE FUNDS $44,208,049 $44,074,021 $44,074,021 $44,075,835 State General Funds $44,208,049 $44,074,021 $44,074,021 $44,075,835 TOTAL FEDERAL FUNDS $59,280 $59,280 Federal Funds Not Itemized $59,280 $59,280 TOTAL PUBLIC FUNDS $44,208,049 $44,074,021 $44,133,301 $44,135,115 Parole Revocation Centers Continuation Budget The purpose is to provide a sanction for parole violations. TOTAL STATE FUNDS $3,835,308 $3,835,308 $3,835,308 $3,835,308 State General Funds $3,835,308 $3,835,308 $3,835,308 $3,835,308 TOTAL FEDERAL FUNDS $10,510 $10,510 $10,510 $10,510 Federal Funds Not Itemized $10,510 $10,510 $10,510 $10,510 TOTAL AGENCY FUNDS $49,138 $49,138 $49,138 $49,138 Sales and Services $49,138 $49,138 $49,138 $49,138 Sales and Services Not Itemized $49,138 $49,138 $49,138 $49,138 TOTAL PUBLIC FUNDS $3,894,956 $3,894,956 $3,894,956 $3,894,956 Statewide Changes 99.1 WC, GTA, and GBA State General Funds $5,307 $5,307 $5,307 $5,307 2188 JOURNAL OF THE HOUSE Changes in Operations / Administration 99.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to increase funds for operating expenses. State General Funds $13,056 $13,056 99.5 Provide additional funds for increased utilities cost. State General Funds $60,587 Changes in the Size of the Program 99.2 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds ($2,847) ($2,847) ($2,847) ($2,847) 99.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds for city, county and other agency payments for contracts for offender work details. Sales and Services Not Itemized $525,000 $525,000 99. Parole Revocation Centers Appropriation (HB1026) The purpose is to provide a sanction for parole violations. TOTAL STATE FUNDS $3,837,768 $3,837,768 $3,850,824 $3,911,411 State General Funds $3,837,768 $3,837,768 $3,850,824 $3,911,411 TOTAL FEDERAL FUNDS $10,510 $10,510 $10,510 $10,510 Federal Funds Not Itemized $10,510 $10,510 $10,510 $10,510 TOTAL AGENCY FUNDS $49,138 $49,138 $574,138 $574,138 Sales and Services $49,138 $49,138 $574,138 $574,138 Sales and Services Not Itemized $49,138 $49,138 $574,138 $574,138 TOTAL PUBLIC FUNDS $3,897,416 $3,897,416 $4,435,472 $4,496,059 Private Prisons Continuation Budget The purpose is to provide cost effective correctional services that ensure public safety. TOTAL STATE FUNDS $72,518,200 $72,518,200 $72,518,200 $72,518,200 State General Funds $72,518,200 $72,518,200 $72,518,200 $72,518,200 TOTAL PUBLIC FUNDS $72,518,200 $72,518,200 $72,518,200 $72,518,200 Changes in the Size of the Program 100.1 Provide for a 3.5% CPI increase in the per diem rate for contracted prison beds and 470 additional inmates. State General Funds $3,401,212 $3,401,212 $3,401,212 $3,401,212 WEDNESDAY, MARCH 8, 2006 2189 100. Private Prisons Appropriation (HB1026) The purpose is to provide cost effective correctional services that ensure public safety. TOTAL STATE FUNDS $75,919,412 $75,919,412 $75,919,412 $75,919,412 State General Funds $75,919,412 $75,919,412 $75,919,412 $75,919,412 TOTAL PUBLIC FUNDS $75,919,412 $75,919,412 $75,919,412 $75,919,412 Probation Diversion Centers Continuation Budget 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 STATE FUNDS $12,784,156 $12,784,156 $12,784,156 $12,784,156 State General Funds $12,784,156 $12,784,156 $12,784,156 $12,784,156 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 $200,000 Federal Funds Not Itemized $200,000 $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $3,188,692 $3,188,692 $3,188,692 $3,188,692 Royalties and Rents $3,180,834 $3,180,834 $3,180,834 $3,180,834 Royalties and Rents Not Itemized $3,180,834 $3,180,834 $3,180,834 $3,180,834 Sales and Services $7,858 $7,858 $7,858 $7,858 Sales and Services Not Itemized $7,858 $7,858 $7,858 $7,858 TOTAL PUBLIC FUNDS $16,172,848 $16,172,848 $16,172,848 $16,172,848 Statewide Changes 101.1 WC, GTA, and GBA State General Funds $22,036 $22,036 $22,036 $22,036 Changes in Operations / Administration 101.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to transfer funds to cover deficits. State General Funds ($40,216) ($40,216) 101.7 Provide additional funds for increased utilities cost. State General Funds $182,169 Changes in the Size of the Program 101.2 Transfer funds from other programs to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds $249,324 $249,324 $249,324 $249,324 2190 JOURNAL OF THE HOUSE 101.3 Redistribute funds from converting two Probation Diversion Centers to Transition Centers. State General Funds ($1,144,195) ($1,144,195) ($1,144,195) ($1,144,195) Royalties and Rents Not Itemized ($304,202) ($304,202) ($304,202) ($304,202) TOTAL PUBLIC FUNDS ($1,448,397) ($1,448,397) ($1,448,397) ($1,448,397) 101.4 To transfer the Dalton Diversion Center to the Department of Public Safety to develop as a training center. (H and S: YES) State General Funds $0 $0 $0 101.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognizing agency funds for violent offender bedspace and operating expenses. Federal Funds Not Itemized $195,712 $195,712 Reserved Fund Balances Not Itemized $234,681 $234,681 Sales and Services Not Itemized $301,501 $301,501 TOTAL PUBLIC FUNDS $731,894 $731,894 101. Probation Diversion Centers Appropriation (HB1026) 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 STATE FUNDS $11,911,321 $11,911,321 $11,871,105 $12,053,274 State General Funds $11,911,321 $11,911,321 $11,871,105 $12,053,274 TOTAL FEDERAL FUNDS $200,000 $200,000 $395,712 $395,712 Federal Funds Not Itemized $200,000 $200,000 $395,712 $395,712 TOTAL AGENCY FUNDS $2,884,490 $2,884,490 $3,420,672 $3,420,672 Reserved Fund Balances $234,681 $234,681 Reserved Fund Balances Not Itemized $234,681 $234,681 Royalties and Rents $2,876,632 $2,876,632 $2,876,632 $2,876,632 Royalties and Rents Not Itemized $2,876,632 $2,876,632 $2,876,632 $2,876,632 Sales and Services $7,858 $7,858 $309,359 $309,359 Sales and Services Not Itemized $7,858 $7,858 $309,359 $309,359 TOTAL PUBLIC FUNDS $14,995,811 $14,995,811 $15,687,489 $15,869,658 Probation Supervision Continuation Budget The purpose is to supervise probationers. TOTAL STATE FUNDS $68,632,697 $68,632,697 $68,632,697 $68,632,697 WEDNESDAY, MARCH 8, 2006 2191 State General Funds $68,632,697 $68,632,697 $68,632,697 $68,632,697 TOTAL PUBLIC FUNDS $68,632,697 $68,632,697 $68,632,697 $68,632,697 Statewide Changes 102.1 WC, GTA, and GBA State General Funds $93,514 $93,514 $93,514 $93,514 Changes in Operations / Administration 102.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to fund a deficit for a digital duplicator at the Atlanta TC. State General Funds ($28,114) ($28,114) 102.5 Provide additional funds for increased utilities cost. State General Funds $103,637 Changes in the Size of the Program 102.2 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds ($122,728) ($122,728) ($122,728) ($122,728) 102.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognizing agency funds for the substance abuse program. Federal Funds Not Itemized $1,000,874 $1,000,874 Royalties and Rents Not Itemized $110,000 $110,000 Sales and Services Not Itemized $552,491 $552,491 TOTAL PUBLIC FUNDS $1,663,365 $1,663,365 102. Probation Supervision Appropriation (HB1026) The purpose is to supervise probationers. TOTAL STATE FUNDS $68,603,483 $68,603,483 $68,575,369 $68,679,006 State General Funds $68,603,483 $68,603,483 $68,575,369 $68,679,006 TOTAL FEDERAL FUNDS $1,000,874 $1,000,874 Federal Funds Not Itemized $1,000,874 $1,000,874 TOTAL AGENCY FUNDS $662,491 $662,491 Royalties and Rents $110,000 $110,000 Royalties and Rents Not Itemized $110,000 $110,000 Sales and Services $552,491 $552,491 2192 JOURNAL OF THE HOUSE Sales and Services Not Itemized $552,491 $552,491 TOTAL PUBLIC FUNDS $68,603,483 $68,603,483 $70,238,734 $70,342,371 State Prisons Continuation Budget The purpose is to house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment. TOTAL STATE FUNDS $431,214,343 $431,214,343 $431,214,343 $431,214,343 State General Funds $431,214,343 $431,214,343 $431,214,343 $431,214,343 TOTAL FEDERAL FUNDS $3,151,716 $3,151,716 $3,151,716 $3,151,716 Federal Funds Not Itemized $3,151,716 $3,151,716 $3,151,716 $3,151,716 TOTAL AGENCY FUNDS $8,216,141 $8,216,141 $8,216,141 $8,216,141 Royalties and Rents $657,000 $657,000 $657,000 $657,000 Royalties and Rents Not Itemized $657,000 $657,000 $657,000 $657,000 Sales and Services $7,559,141 $7,559,141 $7,559,141 $7,559,141 Sales and Services Not Itemized $7,559,141 $7,559,141 $7,559,141 $7,559,141 TOTAL PUBLIC FUNDS $442,582,200 $442,582,200 $442,582,200 $442,582,200 Statewide Changes 103.1 WC, GTA, and GBA State General Funds $603,032 $603,032 $603,032 $603,032 Federal Funds Not Itemized $14,382 $14,382 $14,382 $14,382 Sales and Services Not Itemized $14,139 $14,139 $14,139 $14,139 TOTAL PUBLIC FUNDS $631,553 $631,553 $631,553 $631,553 Changes in Operations / Administration 103.2 Provide additional funds for increased utilities cost. State General Funds $8,186,895 $8,186,895 $8,186,895 $6,453,163 103.11 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for the transfer of funds for the Hays State Prison for the Community Environmental program and related expenses. State General Funds $220,170 $220,170 One-Time Expense 103.12 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds for city, county, and other agency payments for contracts for offender work details. Rebates, Refunds, and Reimbursements Not Itemized $1,842,347 $1,842,347 WEDNESDAY, MARCH 8, 2006 2193 Agency to Agency Contracts $1,242,745 $1,242,745 TOTAL PUBLIC FUNDS $3,085,092 $3,085,092 Changes in the Size of the Program 103.3 Redistribute funds from closing a Probation Detention Center to open Long Inmate Boot Camp attached to Smith State Prison to make available additional prison beds to aid in reducing inmate backlog. State General Funds $1,112,481 $1,112,481 $1,112,481 $1,112,481 103.4 Transfer funds for the Vocational Training and Residential Substance Abuse Treatment (RSAT) Program from the Administration Program. State General Funds $201,239 $201,239 $201,239 $201,239 103.5 Transfer funds to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds ($2,620,028) ($2,620,028) ($2,620,028) ($2,620,028) 103.6 Redistribute funds from converting a Probation Detention Center to increase inmate bedspace and reduce the jail backlog. State General Funds $1,364,383 $1,364,383 $1,364,383 $1,364,383 103.7 Provide start-up and operating funds for 768 beds at four vacant Probation Detention Centers to be operated as State Prison units to reduce county jail backlogs and meet increased capacity needs. (H and S:The facilities should be opened in the following order: Lamar, Wilkes, Appling, and Turner) State General Funds $5,879,970 $5,879,970 $5,879,970 $5,879,970 103.8 Provide start-up and operating funds for 918 additional beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. State General Funds $1,667,152 $1,667,152 $1,667,152 $1,667,152 103.9 Provide start-up and operating funds for 1,348 temporary beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. State General Funds $1,437,327 $1,437,327 $1,437,327 $1,437,327 103.10 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognize agency funds for vocational education for incarcerated youths, vocational training at the Autry State Prison, and other operating expenses. Federal Funds Not Itemized $638,695 $638,695 Sales and Services Not Itemized $2,232,511 $2,232,511 TOTAL PUBLIC FUNDS $2,871,206 $2,871,206 2194 JOURNAL OF THE HOUSE 103. State Prisons Appropriation (HB1026) The purpose is to house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment. TOTAL STATE FUNDS $449,046,794 $449,046,794 $449,266,964 $447,533,232 State General Funds $449,046,794 $449,046,794 $449,266,964 $447,533,232 TOTAL FEDERAL FUNDS $3,166,098 $3,166,098 $3,804,793 $3,804,793 Federal Funds Not Itemized $3,166,098 $3,166,098 $3,804,793 $3,804,793 TOTAL AGENCY FUNDS $8,230,280 $8,230,280 $12,305,138 $12,305,138 Rebates, Refunds, and Reimbursements $1,842,347 $1,842,347 Rebates, Refunds, and Reimbursements Not Itemized $1,842,347 $1,842,347 Royalties and Rents $657,000 $657,000 $657,000 $657,000 Royalties and Rents Not Itemized $657,000 $657,000 $657,000 $657,000 Sales and Services $7,573,280 $7,573,280 $9,805,791 $9,805,791 Sales and Services Not Itemized $7,573,280 $7,573,280 $9,805,791 $9,805,791 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,242,745 $1,242,745 Agency to Agency Contracts $1,242,745 $1,242,745 TOTAL PUBLIC FUNDS $460,443,172 $460,443,172 $466,619,640 $464,885,908 Transitional Centers Continuation Budget 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 STATE FUNDS $20,313,455 $20,313,455 $20,313,455 $20,313,455 State General Funds $20,313,455 $20,313,455 $20,313,455 $20,313,455 TOTAL PUBLIC FUNDS $20,313,455 $20,313,455 $20,313,455 $20,313,455 Statewide Changes 104.1 WC, GTA, and GBA State General Funds $27,678 $27,678 $27,678 $27,678 Changes in Operations / Administration 104.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to fund a deficit for a digital duplicator at the Atlanta TC. State General Funds $11,964 $11,964 104.7 Provide additional funds for increased utilities cost. WEDNESDAY, MARCH 8, 2006 2195 State General Funds $258,978 Changes in the Size of the Program 104.3 Transfer funds from other programs to cover the shift from line-item budgeting to program-based budgeting along with subsequent transfers of positions between programs. State General Funds $47,649 $47,649 $47,649 $47,649 104.4 Redistribute funds from converting two Probation Diversion Centers to Transition Centers. State General Funds $1,752,136 $1,752,136 $1,752,136 $1,752,136 104.5 Provide start-up and operating funds for 918 additional beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. State General Funds $59,711 $59,711 $59,711 $59,711 104.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds for city, county, and other agency payments for contracts for inmate work detail. Royalties and Rents Not Itemized $115,480 $115,480 Sales and Services Not Itemized $118,480 $118,480 TOTAL PUBLIC FUNDS $233,960 $233,960 104. Transitional Centers Appropriation (HB1026) 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 STATE FUNDS $22,200,629 $22,200,629 $22,212,593 $22,471,571 State General Funds $22,200,629 $22,200,629 $22,212,593 $22,471,571 TOTAL AGENCY FUNDS $233,960 $233,960 Royalties and Rents $115,480 $115,480 Royalties and Rents Not Itemized $115,480 $115,480 Sales and Services $118,480 $118,480 Sales and Services Not Itemized $118,480 $118,480 TOTAL PUBLIC FUNDS $22,200,629 $22,200,629 $22,446,553 $22,705,531 Section 19: Defense, Department of TOTAL STATE FUNDS State General Funds Section Total - Continuation $8,359,405 $8,359,405 $8,359,405 $8,359,405 $8,359,405 $8,359,405 $8,359,405 $8,359,405 2196 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS $36,026,553 $36,026,553 $36,026,553 $36,026,553 Federal Funds Not Itemized $36,026,553 $36,026,553 $36,026,553 $36,026,553 TOTAL AGENCY FUNDS $844,374 $844,374 $844,374 $844,374 Interest and Investment Income $138,791 $138,791 $138,791 $138,791 Royalties and Rents $59,889 $59,889 $59,889 $59,889 Sales and Services $645,694 $645,694 $645,694 $645,694 TOTAL PUBLIC FUNDS $45,230,332 $45,230,332 $45,230,332 $45,230,332 Section Total - Final TOTAL STATE FUNDS $8,490,206 $8,490,206 $8,490,206 $8,490,206 State General Funds $8,490,206 $8,490,206 $8,490,206 $8,490,206 TOTAL FEDERAL FUNDS $36,326,553 $36,326,553 $39,109,370 $39,109,370 Federal Funds Not Itemized $36,326,553 $36,326,553 $39,109,370 $39,109,370 TOTAL AGENCY FUNDS $844,374 $844,374 $844,374 $844,374 Interest and Investment Income $138,791 $138,791 $138,791 $138,791 Royalties and Rents $59,889 $59,889 $59,889 $59,889 Sales and Services $645,694 $645,694 $645,694 $645,694 TOTAL PUBLIC FUNDS $45,661,133 $45,661,133 $48,443,950 $48,443,950 Civil Support Continuation Budget The purpose is to provide an all volunteer force to augment Georgia's organized militia in the event of a federal force mobilization. TOTAL STATE FUNDS $3,353,908 $3,353,908 $3,353,908 $3,353,908 State General Funds $3,353,908 $3,353,908 $3,353,908 $3,353,908 TOTAL FEDERAL FUNDS $5,670,709 $5,670,709 $5,670,709 $5,670,709 Federal Funds Not Itemized $5,670,709 $5,670,709 $5,670,709 $5,670,709 TOTAL PUBLIC FUNDS $9,024,617 $9,024,617 $9,024,617 $9,024,617 Statewide Changes 105.1 WC, GTA, and GBA State General Funds $14,256 $14,256 $14,256 $14,256 Changes in the Size of the Program 105.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds for the Star Base Youth Program and Youth Challenge Activities. WEDNESDAY, MARCH 8, 2006 2197 Federal Funds Not Itemized $23,814 $23,814 105. Civil Support Appropriation (HB1026) The purpose is to provide an all volunteer force to augment Georgia's organized militia in the event of a federal force mobilization. TOTAL STATE FUNDS $3,368,164 $3,368,164 $3,368,164 $3,368,164 State General Funds $3,368,164 $3,368,164 $3,368,164 $3,368,164 TOTAL FEDERAL FUNDS $5,670,709 $5,670,709 $5,694,523 $5,694,523 Federal Funds Not Itemized $5,670,709 $5,670,709 $5,694,523 $5,694,523 TOTAL PUBLIC FUNDS $9,038,873 $9,038,873 $9,062,687 $9,062,687 Departmental Administration Continuation Budget The purpose is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $2,275,222 $2,275,222 $2,275,222 $2,275,222 State General Funds $2,275,222 $2,275,222 $2,275,222 $2,275,222 TOTAL FEDERAL FUNDS $102,133 $102,133 $102,133 $102,133 Federal Funds Not Itemized $102,133 $102,133 $102,133 $102,133 TOTAL AGENCY FUNDS $138,791 $138,791 $138,791 $138,791 Interest and Investment Income $138,791 $138,791 $138,791 $138,791 Interest and Investment Income Not Itemized $138,791 $138,791 $138,791 $138,791 TOTAL PUBLIC FUNDS $2,516,146 $2,516,146 $2,516,146 $2,516,146 Statewide Changes 106.1 WC, GTA, and GBA State General Funds $10,595 $10,595 $10,595 $10,595 Changes in the Size of the Program 106.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds for operation and maintenance and Hurricane Wilma. Federal Funds Not Itemized $184,907 $184,907 TOTAL PUBLIC FUNDS $184,907 $184,907 106. Departmental Administration Appropriation (HB1026) The purpose is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $2,285,817 $2,285,817 $2,285,817 $2,285,817 State General Funds $2,285,817 $2,285,817 $2,285,817 $2,285,817 2198 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS $102,133 $102,133 $287,040 $287,040 Federal Funds Not Itemized $102,133 $102,133 $287,040 $287,040 TOTAL AGENCY FUNDS $138,791 $138,791 $138,791 $138,791 Interest and Investment Income $138,791 $138,791 $138,791 $138,791 Interest and Investment Income Not Itemized $138,791 $138,791 $138,791 $138,791 TOTAL PUBLIC FUNDS $2,526,741 $2,526,741 $2,711,648 $2,711,648 Facilities Management Continuation Budget 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 STATE FUNDS $2,254,499 $2,254,499 $2,254,499 $2,254,499 State General Funds $2,254,499 $2,254,499 $2,254,499 $2,254,499 TOTAL FEDERAL FUNDS $29,888,711 $29,888,711 $29,888,711 $29,888,711 Federal Funds Not Itemized $29,888,711 $29,888,711 $29,888,711 $29,888,711 TOTAL AGENCY FUNDS $705,583 $705,583 $705,583 $705,583 Royalties and Rents $59,889 $59,889 $59,889 $59,889 Royalties and Rents Not Itemized $59,889 $59,889 $59,889 $59,889 Sales and Services $645,694 $645,694 $645,694 $645,694 Sales and Services Not Itemized $645,694 $645,694 $645,694 $645,694 TOTAL PUBLIC FUNDS $32,848,793 $32,848,793 $32,848,793 $32,848,793 Statewide Changes 107.1 WC, GTA, and GBA State General Funds $3,382 $3,382 $3,382 $3,382 Changes in the Size of the Program 107.2 Increase funds to expand and maintain facilities for the JSTARS unit at Robins Air Force Base. State General Funds $100,000 $100,000 $100,000 $100,000 Federal Funds Not Itemized $300,000 $300,000 $300,000 $300,000 TOTAL PUBLIC FUNDS $400,000 $400,000 $400,000 $400,000 107.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds for operation and maintenance projects. Federal Funds Not Itemized $2,305,534 $2,305,534 107. Facilities Management Appropriation (HB1026) WEDNESDAY, MARCH 8, 2006 2199 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 STATE FUNDS $2,357,881 $2,357,881 $2,357,881 $2,357,881 State General Funds $2,357,881 $2,357,881 $2,357,881 $2,357,881 TOTAL FEDERAL FUNDS $30,188,711 $30,188,711 $32,494,245 $32,494,245 Federal Funds Not Itemized $30,188,711 $30,188,711 $32,494,245 $32,494,245 TOTAL AGENCY FUNDS $705,583 $705,583 $705,583 $705,583 Royalties and Rents $59,889 $59,889 $59,889 $59,889 Royalties and Rents Not Itemized $59,889 $59,889 $59,889 $59,889 Sales and Services $645,694 $645,694 $645,694 $645,694 Sales and Services Not Itemized $645,694 $645,694 $645,694 $645,694 TOTAL PUBLIC FUNDS $33,252,175 $33,252,175 $35,557,709 $35,557,709 Military Readiness Continuation Budget 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 STATE FUNDS $475,776 $475,776 $475,776 $475,776 State General Funds $475,776 $475,776 $475,776 $475,776 TOTAL FEDERAL FUNDS $365,000 $365,000 $365,000 $365,000 Federal Funds Not Itemized $365,000 $365,000 $365,000 $365,000 TOTAL PUBLIC FUNDS $840,776 $840,776 $840,776 $840,776 Statewide Changes 108.1 WC, GTA, and GBA State General Funds $2,568 $2,568 $2,568 $2,568 Changes in the Size of the Program 108.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds for operation and maintenance projects. Federal Funds Not Itemized $268,562 $268,562 108. Military Readiness Appropriation (HB1026) 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 STATE FUNDS $478,344 $478,344 $478,344 $478,344 2200 JOURNAL OF THE HOUSE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $478,344 $365,000 $365,000 $843,344 $478,344 $365,000 $365,000 $843,344 $478,344 $633,562 $633,562 $1,111,906 $478,344 $633,562 $633,562 $1,111,906 Section 20: Driver Services, Department of Section Total - Continuation TOTAL STATE FUNDS $47,163,866 $47,163,866 $47,163,866 $47,163,866 State General Funds $47,163,866 $47,163,866 $47,163,866 $47,163,866 TOTAL AGENCY FUNDS $715,075 $715,075 $715,075 $715,075 Sales and Services $715,075 $715,075 $715,075 $715,075 TOTAL PUBLIC FUNDS $47,878,941 $47,878,941 $47,878,941 $47,878,941 Section Total - Final TOTAL STATE FUNDS $47,312,092 $47,312,092 $47,312,092 $47,312,092 State General Funds $47,312,092 $47,312,092 $47,312,092 $47,312,092 TOTAL AGENCY FUNDS $715,075 $715,075 $715,075 $715,075 Sales and Services $715,075 $715,075 $715,075 $715,075 TOTAL PUBLIC FUNDS $48,027,167 $48,027,167 $48,027,167 $48,027,167 Customer Service Support Continuation Budget The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $4,948,415 $4,948,415 $4,948,415 $4,948,415 State General Funds $4,948,415 $4,948,415 $4,948,415 $4,948,415 TOTAL PUBLIC FUNDS $4,948,415 $4,948,415 $4,948,415 $4,948,415 Statewide Changes 109.1 WC, GTA, and GBA State General Funds $6,477 $6,477 $6,477 $6,477 Changes in the Size of the Program 109.2 Transfer funds from License Issuance to reflect program structure changes as a result of the transition from DMVS to the new DDS. State General Funds $3,585,459 $3,585,459 $3,585,459 $3,585,459 WEDNESDAY, MARCH 8, 2006 2201 109. Customer Service Support Appropriation (HB1026) The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $8,540,351 $8,540,351 $8,540,351 $8,540,351 State General Funds $8,540,351 $8,540,351 $8,540,351 $8,540,351 TOTAL PUBLIC FUNDS $8,540,351 $8,540,351 $8,540,351 $8,540,351 License Issuance Continuation Budget The purpose is for the issuance of Georgia drivers license renewals through alternative methods. TOTAL STATE FUNDS $41,924,451 $41,924,451 $41,924,451 $41,924,451 State General Funds $41,924,451 $41,924,451 $41,924,451 $41,924,451 TOTAL AGENCY FUNDS $200,000 $200,000 $200,000 $200,000 Sales and Services $200,000 $200,000 $200,000 $200,000 Sales and Services Not Itemized $200,000 $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $42,124,451 $42,124,451 $42,124,451 $42,124,451 Statewide Changes 110.1 WC, GTA, and GBA State General Funds $39,683 $39,683 $39,683 $39,683 Changes in the Size of the Program 110.2 Transfer funds to Customer Services Support to reflect program structure changes as a result of the transition from DMVS to the new DDS. State General Funds ($3,585,459) ($3,585,459) ($3,585,459) ($3,585,459) 110.3 Transfer funds to Regulatory Compliance to reflect program structure changes as a result of the transition from DMVS to the new DDS. State General Funds ($1,111,975) ($1,111,975) ($1,111,975) ($1,111,975) 110. License Issuance Appropriation (HB1026) The purpose is for the issuance of Georgia drivers license renewals through alternative methods. TOTAL STATE FUNDS $37,266,700 $37,266,700 $37,266,700 $37,266,700 State General Funds $37,266,700 $37,266,700 $37,266,700 $37,266,700 TOTAL AGENCY FUNDS $200,000 $200,000 $200,000 $200,000 Sales and Services $200,000 $200,000 $200,000 $200,000 Sales and Services Not Itemized $200,000 $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $37,466,700 $37,466,700 $37,466,700 $37,466,700 2202 JOURNAL OF THE HOUSE Changes in the Size of the Program 111.1 Add funds for Motorcycle Safety Education. State General Funds $100,000 $100,000 111. Motorcycle Safety Appropriation (HB1026) The purpose is to maintain and improve motorcycle safety. TOTAL STATE FUNDS $100,000 $100,000 State General Funds $100,000 $100,000 TOTAL PUBLIC FUNDS $100,000 $100,000 Regulatory Compliance Continuation Budget The purpose is to enforce and administer state laws and regulations for mandated programs relating to driver safety and driver education for both novice and problem drivers. TOTAL STATE FUNDS $291,000 $291,000 $291,000 $291,000 State General Funds $291,000 $291,000 $291,000 $291,000 TOTAL AGENCY FUNDS $515,075 $515,075 $515,075 $515,075 Sales and Services $515,075 $515,075 $515,075 $515,075 Sales and Services Not Itemized $515,075 $515,075 $515,075 $515,075 TOTAL PUBLIC FUNDS $806,075 $806,075 $806,075 $806,075 Statewide Changes 112.1 WC, GTA, and GBA State General Funds $2,066 $2,066 $2,066 $2,066 Changes in the Size of the Program 112.2 Transfer funds from License Issuance to reflect program structure changes as a result of the transition from DMVS to the new DDS. State General Funds $1,111,975 $1,111,975 $1,111,975 $1,111,975 112.3 Add funds for Motorcycle Safety Education. (S and CC: Transfer to Motorcycle Safety Program) State General Funds $100,000 $100,000 $0 $0 112. Regulatory Compliance Appropriation (HB1026) The purpose is to enforce and administer state laws and regulations for mandated programs relating to driver safety and driver education for both novice and problem drivers. TOTAL STATE FUNDS $1,505,041 $1,505,041 $1,405,041 $1,405,041 State General Funds $1,505,041 $1,505,041 $1,405,041 $1,405,041 WEDNESDAY, MARCH 8, 2006 2203 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $515,075 $515,075 $515,075 $2,020,116 $515,075 $515,075 $515,075 $2,020,116 $515,075 $515,075 $515,075 $1,920,116 $515,075 $515,075 $515,075 $1,920,116 Section 21: Early Care and Learning, Department of Section Total - Continuation TOTAL STATE FUNDS $294,111,979 $294,111,979 $294,111,979 $294,111,979 Lottery Proceeds $290,081,308 $290,081,308 $290,081,308 $290,081,308 State General Funds $4,030,671 $4,030,671 $4,030,671 $4,030,671 TOTAL FEDERAL FUNDS $110,474,059 $110,474,059 $110,474,059 $110,474,059 Child Care & Development Block Grant CFDA93.575 $21,919,354 $21,919,354 $21,919,354 $21,919,354 Federal Funds Not Itemized $88,554,705 $88,554,705 $88,554,705 $88,554,705 TOTAL AGENCY FUNDS $155,000 $155,000 $155,000 $155,000 Sales and Services $155,000 $155,000 $155,000 $155,000 TOTAL PUBLIC FUNDS $404,741,038 $404,741,038 $404,741,038 $404,741,038 Section Total - Final TOTAL STATE FUNDS $294,122,454 $294,122,454 $294,122,454 $294,122,454 Lottery Proceeds $290,081,308 $290,081,308 $290,081,308 $290,081,308 State General Funds $4,041,146 $4,041,146 $4,041,146 $4,041,146 TOTAL FEDERAL FUNDS $110,474,059 $110,474,059 $110,474,059 $110,474,059 Child Care & Development Block Grant CFDA93.575 $21,919,354 $21,919,354 $21,919,354 $21,919,354 Federal Funds Not Itemized $88,554,705 $88,554,705 $88,554,705 $88,554,705 TOTAL AGENCY FUNDS $155,000 $155,000 $155,000 $155,000 Sales and Services $155,000 $155,000 $155,000 $155,000 TOTAL PUBLIC FUNDS $404,751,513 $404,751,513 $404,751,513 $404,751,513 Child Care Services Continuation Budget 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 STATE FUNDS $4,030,671 $4,030,671 $4,030,671 $4,030,671 State General Funds $4,030,671 $4,030,671 $4,030,671 $4,030,671 2204 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS $3,435,255 $3,435,255 $3,435,255 $3,435,255 Child Care & Development Block Grant CFDA93.575 $3,435,255 $3,435,255 $3,435,255 $3,435,255 TOTAL AGENCY FUNDS $155,000 $155,000 $155,000 $155,000 Sales and Services $155,000 $155,000 $155,000 $155,000 Sales and Services Not Itemized $155,000 $155,000 $155,000 $155,000 TOTAL PUBLIC FUNDS $7,620,926 $7,620,926 $7,620,926 $7,620,926 Statewide Changes 113.1 WC, GTA, and GBA State General Funds $10,475 $10,475 $10,475 $10,475 113. Child Care Services Appropriation (HB1026) 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 STATE FUNDS $4,041,146 $4,041,146 $4,041,146 $4,041,146 State General Funds $4,041,146 $4,041,146 $4,041,146 $4,041,146 TOTAL FEDERAL FUNDS $3,435,255 $3,435,255 $3,435,255 $3,435,255 Child Care & Development Block Grant CFDA93.575 $3,435,255 $3,435,255 $3,435,255 $3,435,255 TOTAL AGENCY FUNDS $155,000 $155,000 $155,000 $155,000 Sales and Services $155,000 $155,000 $155,000 $155,000 Sales and Services Not Itemized $155,000 $155,000 $155,000 $155,000 TOTAL PUBLIC FUNDS $7,631,401 $7,631,401 $7,631,401 $7,631,401 Nutrition Continuation Budget The purpose is to ensure that eligible children and adults receive USDA compliant meals. TOTAL FEDERAL FUNDS $88,000,835 $88,000,835 $88,000,835 $88,000,835 Federal Funds Not Itemized $88,000,835 $88,000,835 $88,000,835 $88,000,835 TOTAL PUBLIC FUNDS $88,000,835 $88,000,835 $88,000,835 $88,000,835 114. Nutrition Appropriation (HB1026) The purpose is to ensure that eligible children and adults receive USDA compliant meals. TOTAL FEDERAL FUNDS $88,000,835 $88,000,835 $88,000,835 $88,000,835 Federal Funds Not Itemized $88,000,835 $88,000,835 $88,000,835 $88,000,835 TOTAL PUBLIC FUNDS $88,000,835 $88,000,835 $88,000,835 $88,000,835 WEDNESDAY, MARCH 8, 2006 2205 Pre-Kindergarten Program Continuation Budget The purpose is to provide funding for providers who operate the Pre-K program. TOTAL STATE FUNDS $290,081,308 $290,081,308 $290,081,308 $290,081,308 Lottery Proceeds $290,081,308 $290,081,308 $290,081,308 $290,081,308 TOTAL FEDERAL FUNDS $667,823 $667,823 $667,823 $667,823 Child Care & Development Block Grant CFDA93.575 $113,953 $113,953 $113,953 $113,953 Federal Funds Not Itemized $553,870 $553,870 $553,870 $553,870 TOTAL PUBLIC FUNDS $290,749,131 $290,749,131 $290,749,131 $290,749,131 115. Pre-Kindergarten Program Appropriation (HB1026) The purpose is to provide funding for providers who operate the Pre-K program. TOTAL STATE FUNDS $290,081,308 $290,081,308 $290,081,308 $290,081,308 Lottery Proceeds $290,081,308 $290,081,308 $290,081,308 $290,081,308 TOTAL FEDERAL FUNDS $667,823 $667,823 $667,823 $667,823 Child Care & Development Block Grant CFDA93.575 $113,953 $113,953 $113,953 $113,953 Federal Funds Not Itemized $553,870 $553,870 $553,870 $553,870 TOTAL PUBLIC FUNDS $290,749,131 $290,749,131 $290,749,131 $290,749,131 Quality Initiatives Continuation Budget 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 FEDERAL FUNDS $18,370,146 $18,370,146 $18,370,146 $18,370,146 Child Care & Development Block Grant CFDA93.575 $18,370,146 $18,370,146 $18,370,146 $18,370,146 TOTAL PUBLIC FUNDS $18,370,146 $18,370,146 $18,370,146 $18,370,146 116. Quality Initiatives Appropriation (HB1026) 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 FEDERAL FUNDS $18,370,146 $18,370,146 $18,370,146 $18,370,146 Child Care & Development Block Grant CFDA93.575 $18,370,146 $18,370,146 $18,370,146 $18,370,146 TOTAL PUBLIC FUNDS $18,370,146 $18,370,146 $18,370,146 $18,370,146 2206 JOURNAL OF THE HOUSE Section 22: Economic Development, Department of Section Total - Continuation TOTAL STATE FUNDS $31,501,663 $31,501,663 $31,501,663 $31,501,663 State General Funds $31,501,663 $31,501,663 $31,501,663 $31,501,663 TOTAL AGENCY FUNDS $20,244 $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures $20,244 $20,244 $20,244 $20,244 TOTAL PUBLIC FUNDS $31,521,907 $31,521,907 $31,521,907 $31,521,907 Section Total - Final TOTAL STATE FUNDS $31,567,125 $31,567,125 $32,187,125 $31,567,125 State General Funds $31,567,125 $31,567,125 $32,187,125 $31,567,125 TOTAL AGENCY FUNDS $20,244 $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures $20,244 $20,244 $20,244 $20,244 TOTAL PUBLIC FUNDS $31,587,369 $31,587,369 $32,207,369 $31,587,369 Business Recruitment and Expansion Continuation Budget The purpose is to provide assistance to local communities and to the state to recruit, retain, and expand businesses in Georgia. TOTAL STATE FUNDS $6,783,664 $6,783,664 $6,783,664 $6,783,664 State General Funds $6,783,664 $6,783,664 $6,783,664 $6,783,664 TOTAL PUBLIC FUNDS $6,783,664 $6,783,664 $6,783,664 $6,783,664 One-Time Expense 117.1 Provide funds to replace two motor vehicles for business recruitment activities. State General Funds $56,000 $56,000 $56,000 $56,000 Changes in the Size of the Program 117.2 Realign funding to reflect agency reorganization efforts. State General Funds ($34,395) ($34,395) ($34,395) ($34,395) 117. Business Recruitment and Expansion Appropriation (HB1026) The purpose is to provide assistance to local communities and to the state to recruit, retain, and expand businesses in Georgia. TOTAL STATE FUNDS $6,805,269 $6,805,269 $6,805,269 $6,805,269 State General Funds $6,805,269 $6,805,269 $6,805,269 $6,805,269 TOTAL PUBLIC FUNDS $6,805,269 $6,805,269 $6,805,269 $6,805,269 WEDNESDAY, MARCH 8, 2006 2207 Departmental Administration Continuation Budget The purpose is to influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. TOTAL STATE FUNDS $6,213,661 $6,213,661 $6,213,661 $6,213,661 State General Funds $6,213,661 $6,213,661 $6,213,661 $6,213,661 TOTAL PUBLIC FUNDS $6,213,661 $6,213,661 $6,213,661 $6,213,661 Statewide Changes 118.1 WC, GTA, and GBA State General Funds $8,555 $8,555 $8,555 $8,555 Changes in the Size of the Program 118.2 Realign funding to reflect agency reorganization efforts. State General Funds $47,317 $47,317 $47,317 $47,317 118. Departmental Administration Appropriation (HB1026) The purpose is to influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. TOTAL STATE FUNDS $6,269,533 $6,269,533 $6,269,533 $6,269,533 State General Funds $6,269,533 $6,269,533 $6,269,533 $6,269,533 TOTAL PUBLIC FUNDS $6,269,533 $6,269,533 $6,269,533 $6,269,533 Film, Music, and Video Continuation Budget 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 STATE FUNDS $1,012,337 $1,012,337 $1,012,337 $1,012,337 State General Funds $1,012,337 $1,012,337 $1,012,337 $1,012,337 TOTAL PUBLIC FUNDS $1,012,337 $1,012,337 $1,012,337 $1,012,337 Changes in the Size of the Program 119.1 Realign funding to reflect agency reorganization efforts. State General Funds ($118,000) ($118,000) ($118,000) ($118,000) 119. Film, Music, and Video Appropriation (HB1026) 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 STATE FUNDS $894,337 $894,337 $894,337 $894,337 2208 JOURNAL OF THE HOUSE State General Funds $894,337 $894,337 $894,337 $894,337 TOTAL PUBLIC FUNDS $894,337 $894,337 $894,337 $894,337 International Relations and Trade Continuation Budget 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 STATE FUNDS $2,056,980 $2,056,980 $2,056,980 $2,056,980 State General Funds $2,056,980 $2,056,980 $2,056,980 $2,056,980 TOTAL PUBLIC FUNDS $2,056,980 $2,056,980 $2,056,980 $2,056,980 Changes in Operations / Administration 120.2 Provide funding for travel expenses related to mileage reimbursements increase and international travel increases. State General Funds $120,000 $0 Changes in the Size of the Program 120.1 Realign funding to reflect agency reorganization efforts. State General Funds ($45,000) ($45,000) ($45,000) ($45,000) 120.3 Provide funding to assist international trade. State General Funds $250,000 $0 120.4 Provide funds for a new office in China. State General Funds $250,000 $0 120. International Relations and Trade Appropriation (HB1026) 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 STATE FUNDS $2,011,980 $2,011,980 $2,631,980 $2,011,980 State General Funds $2,011,980 $2,011,980 $2,631,980 $2,011,980 TOTAL PUBLIC FUNDS $2,011,980 $2,011,980 $2,631,980 $2,011,980 Office of Science and Technology Business Development Continuation Budget The purpose is to lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia. TOTAL STATE FUNDS $1,563,914 $1,563,914 $1,563,914 $1,563,914 State General Funds $1,563,914 $1,563,914 $1,563,914 $1,563,914 TOTAL PUBLIC FUNDS $1,563,914 $1,563,914 $1,563,914 $1,563,914 Changes in the Size of the Program 121.1 Realign funding to reflect agency reorganization efforts. WEDNESDAY, MARCH 8, 2006 2209 State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 121. Office of Science and Technology Business Development Appropriation (HB1026) The purpose is to lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia. TOTAL STATE FUNDS $1,513,914 $1,513,914 $1,513,914 $1,513,914 State General Funds $1,513,914 $1,513,914 $1,513,914 $1,513,914 TOTAL PUBLIC FUNDS $1,513,914 $1,513,914 $1,513,914 $1,513,914 Small and Minority Business Development Continuation Budget The purpose is to provide guidance and support to agencies in maximizing access to state business opportunities for small and minority businesses. TOTAL STATE FUNDS $924,154 $924,154 $924,154 $924,154 State General Funds $924,154 $924,154 $924,154 $924,154 TOTAL AGENCY FUNDS $20,244 $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures $20,244 $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures Not Itemized $20,244 $20,244 $20,244 $20,244 TOTAL PUBLIC FUNDS $944,398 $944,398 $944,398 $944,398 Changes in the Size of the Program 122.1 Realign funding to reflect agency reorganization efforts. State General Funds ($59,922) ($59,922) ($59,922) ($59,922) 122. Small and Minority Business Development Appropriation (HB1026) The purpose is to provide guidance and support to agencies in maximizing access to state business opportunities for small and minority businesses. TOTAL STATE FUNDS $864,232 $864,232 $864,232 $864,232 State General Funds $864,232 $864,232 $864,232 $864,232 TOTAL AGENCY FUNDS $20,244 $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures $20,244 $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures Not Itemized $20,244 $20,244 $20,244 $20,244 TOTAL PUBLIC FUNDS $884,476 $884,476 $884,476 $884,476 Tourism Continuation Budget The purpose is to provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. TOTAL STATE FUNDS $11,096,169 $11,096,169 $11,096,169 $11,096,169 2210 JOURNAL OF THE HOUSE State General Funds $11,096,169 $11,096,169 $11,096,169 $11,096,169 TOTAL PUBLIC FUNDS $11,096,169 $11,096,169 $11,096,169 $11,096,169 Changes in the Size of the Program 123.1 Realign funding to reflect agency reorganization efforts. State General Funds $260,000 $260,000 $260,000 $260,000 123. Tourism Appropriation (HB1026) The purpose is to provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. TOTAL STATE FUNDS $11,356,169 $11,356,169 $11,356,169 $11,356,169 State General Funds $11,356,169 $11,356,169 $11,356,169 $11,356,169 TOTAL PUBLIC FUNDS $11,356,169 $11,356,169 $11,356,169 $11,356,169 Payments to Aviation Hall of Fame Continuation Budget 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 STATE FUNDS $50,000 $50,000 $50,000 $50,000 State General Funds $50,000 $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 $50,000 124. Payments to Aviation Hall of Fame Appropriation (HB1026) 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 STATE FUNDS $50,000 $50,000 $50,000 $50,000 State General Funds $50,000 $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 $50,000 Payments to Golf Hall Of Fame Authority Continuation Budget 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 STATE FUNDS $58,685 $58,685 $58,685 $58,685 State General Funds $58,685 $58,685 $58,685 $58,685 WEDNESDAY, MARCH 8, 2006 2211 TOTAL PUBLIC FUNDS $58,685 $58,685 $58,685 $58,685 125. Payments to Golf Hall Of Fame Authority Appropriation (HB1026) 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 STATE FUNDS $58,685 $58,685 $58,685 $58,685 State General Funds $58,685 $58,685 $58,685 $58,685 TOTAL PUBLIC FUNDS $58,685 $58,685 $58,685 $58,685 Payments to Georgia Medical Center Authority Continuation Budget The purpose is to provide funds to the Georgia Medical Center Authority. TOTAL STATE FUNDS $250,000 $250,000 $250,000 $250,000 State General Funds $250,000 $250,000 $250,000 $250,000 TOTAL PUBLIC FUNDS $250,000 $250,000 $250,000 $250,000 126. Payments to Georgia Medical Center Authority Appropriation (HB1026) The purpose is to provide funds to the Georgia Medical Center Authority. TOTAL STATE FUNDS $250,000 $250,000 $250,000 $250,000 State General Funds $250,000 $250,000 $250,000 $250,000 TOTAL PUBLIC FUNDS $250,000 $250,000 $250,000 $250,000 Payments to Georgia Music Hall of Fame Authority Continuation Budget The purpose is to preserve Georgia's rich musical heritage. TOTAL STATE FUNDS $767,039 $767,039 $767,039 $767,039 State General Funds $767,039 $767,039 $767,039 $767,039 TOTAL PUBLIC FUNDS $767,039 $767,039 $767,039 $767,039 Statewide Changes 127.1 WC, GTA, and GBA State General Funds $427 $427 $427 $427 Changes in Operations / Administration 127.2 Transfer funds from the Payments to Georgia Music Hall of Fame Authority program to the Music Hall of Fame program (G:YES)(H:YES)(S:YES). Agency to Agency Contracts $0 $0 $0 $0 2212 JOURNAL OF THE HOUSE 127. Payments to Georgia Music Hall of Fame Authority The purpose is to preserve Georgia's rich musical heritage. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Payments to Georgia Sports Hall of Fame Authority The purpose is to preserve and interpret the history of sports in Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Statewide Changes 128.1 WC, GTA, and GBA State General Funds 128. Payments to Georgia Sports Hall of Fame Authority The purpose is to preserve and interpret the history of sports in Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB1026) $767,466 $767,466 $767,466 $767,466 $767,466 $767,466 $767,466 $767,466 $767,466 Continuation Budget $725,060 $725,060 $725,060 $725,060 $725,060 $725,060 $725,060 $725,060 $725,060 $480 $480 $480 Appropriation (HB1026) $725,540 $725,540 $725,540 $725,540 $725,540 $725,540 $725,540 $725,540 $725,540 $767,466 $767,466 $767,466 $725,060 $725,060 $725,060 $480 $725,540 $725,540 $725,540 Section 23: Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $6,439,678,120 $6,439,678,120 $6,439,678,120 $6,439,678,120 $6,439,678,120 $6,439,678,120 $6,439,678,120 $6,439,678,120 $1,109,448,190 $1,109,448,190 $1,109,448,190 $1,109,448,190 $1,109,448,190 $1,109,448,190 $1,109,448,190 $1,109,448,190 $41,498,551 $41,498,551 $41,498,551 $41,498,551 $3,896,476 $3,896,476 $3,896,476 $3,896,476 $5,891,703 $5,891,703 $5,891,703 $5,891,703 $93,486 $93,486 $93,486 $93,486 $31,616,886 $31,616,886 $31,616,886 $31,616,886 $7,590,624,861 $7,590,624,861 $7,590,624,861 $7,590,624,861 WEDNESDAY, MARCH 8, 2006 2213 Section Total - Final TOTAL STATE FUNDS $6,613,239,296 $6,614,974,132 $6,611,374,132 $6,610,811,144 Revenue Shortfall Reserve for K-12 Needs $158,139,967 $158,139,967 $158,139,967 $158,139,967 State General Funds $6,455,099,329 $6,456,834,165 $6,453,234,165 $6,452,671,177 TOTAL FEDERAL FUNDS $1,109,448,190 $1,109,448,190 $1,109,448,190 $1,109,448,190 Federal Funds Not Itemized $1,109,448,190 $1,109,448,190 $1,109,448,190 $1,109,448,190 TOTAL AGENCY FUNDS $41,498,551 $41,498,551 $41,498,551 $41,498,551 Contributions, Donations, and Forfeitures $3,896,476 $3,896,476 $3,896,476 $3,896,476 Reserved Fund Balances $5,891,703 $5,891,703 $5,891,703 $5,891,703 Intergovernmental Transfers $93,486 $93,486 $93,486 $93,486 Sales and Services $31,616,886 $31,616,886 $31,616,886 $31,616,886 TOTAL PUBLIC FUNDS $7,764,186,037 $7,765,920,873 $7,762,320,873 $7,761,757,885 Academic Coach Program Continuation Budget 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 STATE FUNDS $3,899,132 $3,899,132 $3,899,132 $3,899,132 State General Funds $3,899,132 $3,899,132 $3,899,132 $3,899,132 TOTAL PUBLIC FUNDS $3,899,132 $3,899,132 $3,899,132 $3,899,132 Changes in Operations / Administration 129.1 Reduce funds for the Science Mentor activity to recognize actual start dates for employees. State General Funds ($200,000) ($220,000) ($200,000) ($200,000) 129. Academic Coach Program Appropriation (HB1026) 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 STATE FUNDS $3,699,132 $3,679,132 $3,699,132 $3,699,132 State General Funds $3,699,132 $3,679,132 $3,699,132 $3,699,132 TOTAL PUBLIC FUNDS $3,699,132 $3,679,132 $3,699,132 $3,699,132 Agricultural Education Continuation Budget 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 STATE FUNDS $7,423,422 $7,423,422 $7,423,422 $7,423,422 2214 JOURNAL OF THE HOUSE State General Funds $7,423,422 $7,423,422 $7,423,422 $7,423,422 TOTAL FEDERAL FUNDS $126,577 $126,577 $126,577 $126,577 Federal Funds Not Itemized $126,577 $126,577 $126,577 $126,577 TOTAL PUBLIC FUNDS $7,549,999 $7,549,999 $7,549,999 $7,549,999 130. Agricultural Education Appropriation (HB1026) 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 STATE FUNDS $7,423,422 $7,423,422 $7,423,422 $7,423,422 State General Funds $7,423,422 $7,423,422 $7,423,422 $7,423,422 TOTAL FEDERAL FUNDS $126,577 $126,577 $126,577 $126,577 Federal Funds Not Itemized $126,577 $126,577 $126,577 $126,577 TOTAL PUBLIC FUNDS $7,549,999 $7,549,999 $7,549,999 $7,549,999 Central Office Continuation Budget The purpose is to act as a service oriented agency supporting local school districts. TOTAL STATE FUNDS $34,924,681 $34,924,681 $34,924,681 $34,924,681 State General Funds $34,924,681 $34,924,681 $34,924,681 $34,924,681 TOTAL FEDERAL FUNDS $34,182,308 $34,182,308 $34,182,308 $34,182,308 Federal Funds Not Itemized $34,182,308 $34,182,308 $34,182,308 $34,182,308 TOTAL AGENCY FUNDS $10,897,550 $10,897,550 $10,897,550 $10,897,550 Contributions, Donations, and Forfeitures $3,796,476 $3,796,476 $3,796,476 $3,796,476 Contributions, Donations, and Forfeitures Not Itemized $3,796,476 $3,796,476 $3,796,476 $3,796,476 Reserved Fund Balances $5,891,703 $5,891,703 $5,891,703 $5,891,703 Reserved Fund Balances Not Itemized $5,891,703 $5,891,703 $5,891,703 $5,891,703 Intergovernmental Transfers $93,486 $93,486 $93,486 $93,486 Intergovernmental Transfers Not Itemized $93,486 $93,486 $93,486 $93,486 Sales and Services $1,115,885 $1,115,885 $1,115,885 $1,115,885 Sales and Services Not Itemized $1,115,885 $1,115,885 $1,115,885 $1,115,885 TOTAL PUBLIC FUNDS $80,004,539 $80,004,539 $80,004,539 $80,004,539 Statewide Changes 131.1 WC, GTA, and GBA State General Funds $33,870 $33,870 $33,870 $33,870 WEDNESDAY, MARCH 8, 2006 2215 One-Time Expense 131.2 Add funds for a consultant for the Governor's Education Finance Task Force. State General Funds $100,000 $100,000 $100,000 $100,000 131.4 Reimburse local school systems for taxes charged on the purchase of materials for infrastructure. State General Funds $1,234,836 $1,234,836 $716,848 Changes in What Services are Offered 131.3 Eliminate funding for the Global Achievers contract. (H:Restore $20,000 in funds already expended in FY 2006)(CC:Restore $35,000) State General Funds ($50,000) ($30,000) $0 ($15,000) 131. Central Office Appropriation (HB1026) The purpose is to act as a service oriented agency supporting local school districts. TOTAL STATE FUNDS $35,008,551 $36,263,387 $36,293,387 $35,760,399 State General Funds $35,008,551 $36,263,387 $36,293,387 $35,760,399 TOTAL FEDERAL FUNDS $34,182,308 $34,182,308 $34,182,308 $34,182,308 Federal Funds Not Itemized $34,182,308 $34,182,308 $34,182,308 $34,182,308 TOTAL AGENCY FUNDS $10,897,550 $10,897,550 $10,897,550 $10,897,550 Contributions, Donations, and Forfeitures $3,796,476 $3,796,476 $3,796,476 $3,796,476 Contributions, Donations, and Forfeitures Not Itemized $3,796,476 $3,796,476 $3,796,476 $3,796,476 Reserved Fund Balances $5,891,703 $5,891,703 $5,891,703 $5,891,703 Reserved Fund Balances Not Itemized $5,891,703 $5,891,703 $5,891,703 $5,891,703 Intergovernmental Transfers $93,486 $93,486 $93,486 $93,486 Intergovernmental Transfers Not Itemized $93,486 $93,486 $93,486 $93,486 Sales and Services $1,115,885 $1,115,885 $1,115,885 $1,115,885 Sales and Services Not Itemized $1,115,885 $1,115,885 $1,115,885 $1,115,885 TOTAL PUBLIC FUNDS $80,088,409 $81,343,245 $81,373,245 $80,840,257 Charter Schools Continuation Budget 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 STATE FUNDS $770,193 $770,193 $770,193 $770,193 State General Funds $770,193 $770,193 $770,193 $770,193 TOTAL FEDERAL FUNDS $6,729,711 $6,729,711 $6,729,711 $6,729,711 2216 JOURNAL OF THE HOUSE Federal Funds Not Itemized $6,729,711 $6,729,711 $6,729,711 $6,729,711 TOTAL PUBLIC FUNDS $7,499,904 $7,499,904 $7,499,904 $7,499,904 132. Charter Schools Appropriation (HB1026) 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 STATE FUNDS $770,193 $770,193 $770,193 $770,193 State General Funds $770,193 $770,193 $770,193 $770,193 TOTAL FEDERAL FUNDS $6,729,711 $6,729,711 $6,729,711 $6,729,711 Federal Funds Not Itemized $6,729,711 $6,729,711 $6,729,711 $6,729,711 TOTAL PUBLIC FUNDS $7,499,904 $7,499,904 $7,499,904 $7,499,904 Communities in Schools Continuation Budget 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 STATE FUNDS $1,320,623 $1,320,623 $1,320,623 $1,320,623 State General Funds $1,320,623 $1,320,623 $1,320,623 $1,320,623 TOTAL PUBLIC FUNDS $1,320,623 $1,320,623 $1,320,623 $1,320,623 133. Communities in Schools Appropriation (HB1026) 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 STATE FUNDS $1,320,623 $1,320,623 $1,320,623 $1,320,623 State General Funds $1,320,623 $1,320,623 $1,320,623 $1,320,623 TOTAL PUBLIC FUNDS $1,320,623 $1,320,623 $1,320,623 $1,320,623 Curriculum Development Continuation Budget The purpose is to provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers and students. TOTAL STATE FUNDS $1,774,833 $1,774,833 $1,774,833 $1,774,833 State General Funds $1,774,833 $1,774,833 $1,774,833 $1,774,833 TOTAL PUBLIC FUNDS $1,774,833 $1,774,833 $1,774,833 $1,774,833 134. Curriculum Development Appropriation (HB1026) The purpose is to provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers and students. WEDNESDAY, MARCH 8, 2006 2217 TOTAL STATE FUNDS $1,774,833 $1,774,833 $1,774,833 $1,774,833 State General Funds $1,774,833 $1,774,833 $1,774,833 $1,774,833 TOTAL PUBLIC FUNDS $1,774,833 $1,774,833 $1,774,833 $1,774,833 Federal Programs Continuation Budget Federal programs coordinates federally funded programs and allocates federal funds to school systems. TOTAL FEDERAL FUNDS $817,561,039 $817,561,039 $817,561,039 $817,561,039 Federal Funds Not Itemized $817,561,039 $817,561,039 $817,561,039 $817,561,039 TOTAL PUBLIC FUNDS $817,561,039 $817,561,039 $817,561,039 $817,561,039 135. Federal Programs Appropriation (HB1026) Federal programs coordinates federally funded programs and allocates federal funds to school systems. TOTAL FEDERAL FUNDS $817,561,039 $817,561,039 $817,561,039 $817,561,039 Federal Funds Not Itemized $817,561,039 $817,561,039 $817,561,039 $817,561,039 TOTAL PUBLIC FUNDS $817,561,039 $817,561,039 $817,561,039 $817,561,039 Foreign Language Continuation Budget The foreign language program provides funds to elementary schools for foreign language instruction. TOTAL STATE FUNDS $1,590,857 $1,590,857 $1,590,857 $1,590,857 State General Funds $1,590,857 $1,590,857 $1,590,857 $1,590,857 TOTAL PUBLIC FUNDS $1,590,857 $1,590,857 $1,590,857 $1,590,857 136. Foreign Language Appropriation (HB1026) The foreign language program provides funds to elementary schools for foreign language instruction. TOTAL STATE FUNDS $1,590,857 $1,590,857 $1,590,857 $1,590,857 State General Funds $1,590,857 $1,590,857 $1,590,857 $1,590,857 TOTAL PUBLIC FUNDS $1,590,857 $1,590,857 $1,590,857 $1,590,857 Georgia Learning Resources System Continuation Budget 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 FEDERAL FUNDS $5,117,573 $5,117,573 $5,117,573 $5,117,573 Federal Funds Not Itemized $5,117,573 $5,117,573 $5,117,573 $5,117,573 TOTAL PUBLIC FUNDS $5,117,573 $5,117,573 $5,117,573 $5,117,573 2218 JOURNAL OF THE HOUSE 137. Georgia Learning Resources System Appropriation (HB1026) 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 FEDERAL FUNDS $5,117,573 $5,117,573 $5,117,573 $5,117,573 Federal Funds Not Itemized $5,117,573 $5,117,573 $5,117,573 $5,117,573 TOTAL PUBLIC FUNDS $5,117,573 $5,117,573 $5,117,573 $5,117,573 Georgia Virtual School Continuation Budget 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 STATE FUNDS $1,385,000 $1,385,000 $1,385,000 $1,385,000 State General Funds $1,385,000 $1,385,000 $1,385,000 $1,385,000 TOTAL PUBLIC FUNDS $1,385,000 $1,385,000 $1,385,000 $1,385,000 138. Georgia Virtual School Appropriation (HB1026) 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 STATE FUNDS $1,385,000 $1,385,000 $1,385,000 $1,385,000 State General Funds $1,385,000 $1,385,000 $1,385,000 $1,385,000 TOTAL PUBLIC FUNDS $1,385,000 $1,385,000 $1,385,000 $1,385,000 Georgia Youth Science and Technology Continuation Budget 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 STATE FUNDS $689,203 $689,203 $689,203 $689,203 State General Funds $689,203 $689,203 $689,203 $689,203 TOTAL PUBLIC FUNDS $689,203 $689,203 $689,203 $689,203 139. Georgia Youth Science and Technology Appropriation (HB1026) 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 STATE FUNDS $689,203 $689,203 $689,203 $689,203 State General Funds $689,203 $689,203 $689,203 $689,203 TOTAL PUBLIC FUNDS $689,203 $689,203 $689,203 $689,203 WEDNESDAY, MARCH 8, 2006 2219 Governor's Honors Program Continuation Budget 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 STATE FUNDS $1,416,743 $1,416,743 $1,416,743 $1,416,743 State General Funds $1,416,743 $1,416,743 $1,416,743 $1,416,743 TOTAL PUBLIC FUNDS $1,416,743 $1,416,743 $1,416,743 $1,416,743 140. Governor's Honors Program Appropriation (HB1026) 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 STATE FUNDS $1,416,743 $1,416,743 $1,416,743 $1,416,743 State General Funds $1,416,743 $1,416,743 $1,416,743 $1,416,743 TOTAL PUBLIC FUNDS $1,416,743 $1,416,743 $1,416,743 $1,416,743 Information Technology Services Continuation Budget The purpose is primarily responsible for the collection and reporting of accurate data through the development and maintenance of web-enabled applications. TOTAL STATE FUNDS $7,496,550 $7,496,550 $7,496,550 $7,496,550 State General Funds $7,496,550 $7,496,550 $7,496,550 $7,496,550 TOTAL PUBLIC FUNDS $7,496,550 $7,496,550 $7,496,550 $7,496,550 141. Information Technology Services Appropriation (HB1026) The purpose is primarily responsible for the collection and reporting of accurate data through the development and maintenance of web-enabled applications. TOTAL STATE FUNDS $7,496,550 $7,496,550 $7,496,550 $7,496,550 State General Funds $7,496,550 $7,496,550 $7,496,550 $7,496,550 TOTAL PUBLIC FUNDS $7,496,550 $7,496,550 $7,496,550 $7,496,550 National Board Certification Continuation Budget 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 (based on the state salary) to local systems. TOTAL STATE FUNDS $11,038,035 $11,038,035 $11,038,035 $11,038,035 State General Funds $11,038,035 $11,038,035 $11,038,035 $11,038,035 TOTAL PUBLIC FUNDS $11,038,035 $11,038,035 $11,038,035 $11,038,035 2220 JOURNAL OF THE HOUSE Changes in the Size of the Program 142.1 Reduce funds. State General Funds ($180,000) 142. National Board Certification Appropriation (HB1026) 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 (based on the state salary) to local systems. TOTAL STATE FUNDS $11,038,035 $11,038,035 $11,038,035 $10,858,035 State General Funds $11,038,035 $11,038,035 $11,038,035 $10,858,035 TOTAL PUBLIC FUNDS $11,038,035 $11,038,035 $11,038,035 $10,858,035 National Science Center and Foundation Continuation Budget 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 STATE FUNDS $1,416,750 $1,416,750 $1,416,750 $1,416,750 State General Funds $1,416,750 $1,416,750 $1,416,750 $1,416,750 TOTAL PUBLIC FUNDS $1,416,750 $1,416,750 $1,416,750 $1,416,750 143. National Science Center and Foundation Appropriation (HB1026) 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 STATE FUNDS $1,416,750 $1,416,750 $1,416,750 $1,416,750 State General Funds $1,416,750 $1,416,750 $1,416,750 $1,416,750 TOTAL PUBLIC FUNDS $1,416,750 $1,416,750 $1,416,750 $1,416,750 Non Quality Basic Education Formula Grants Continuation Budget 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 STATE FUNDS $7,688,674 $7,688,674 $7,688,674 $7,688,674 State General Funds $7,688,674 $7,688,674 $7,688,674 $7,688,674 TOTAL PUBLIC FUNDS $7,688,674 $7,688,674 $7,688,674 $7,688,674 144. Non Quality Basic Education Formula Grants Appropriation (HB1026) 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. WEDNESDAY, MARCH 8, 2006 2221 TOTAL STATE FUNDS $7,688,674 $7,688,674 $7,688,674 $7,688,674 State General Funds $7,688,674 $7,688,674 $7,688,674 $7,688,674 TOTAL PUBLIC FUNDS $7,688,674 $7,688,674 $7,688,674 $7,688,674 Nutrition Continuation Budget 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 STATE FUNDS $36,017,592 $36,017,592 $36,017,592 $36,017,592 State General Funds $36,017,592 $36,017,592 $36,017,592 $36,017,592 TOTAL FEDERAL FUNDS $188,375,722 $188,375,722 $188,375,722 $188,375,722 Federal Funds Not Itemized $188,375,722 $188,375,722 $188,375,722 $188,375,722 TOTAL PUBLIC FUNDS $224,393,314 $224,393,314 $224,393,314 $224,393,314 145. Nutrition Appropriation (HB1026) 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 STATE FUNDS $36,017,592 $36,017,592 $36,017,592 $36,017,592 State General Funds $36,017,592 $36,017,592 $36,017,592 $36,017,592 TOTAL FEDERAL FUNDS $188,375,722 $188,375,722 $188,375,722 $188,375,722 Federal Funds Not Itemized $188,375,722 $188,375,722 $188,375,722 $188,375,722 TOTAL PUBLIC FUNDS $224,393,314 $224,393,314 $224,393,314 $224,393,314 Preschool Handicapped Continuation Budget The purpose of this program is to provide early intervention so students with disabilities will enter schools with the skills to succeed. TOTAL STATE FUNDS $24,008,490 $24,008,490 $24,008,490 $24,008,490 State General Funds $24,008,490 $24,008,490 $24,008,490 $24,008,490 TOTAL PUBLIC FUNDS $24,008,490 $24,008,490 $24,008,490 $24,008,490 146. Preschool Handicapped Appropriation (HB1026) The purpose of this program is to provide early intervention so students with disabilities will enter schools with the skills to succeed. TOTAL STATE FUNDS $24,008,490 $24,008,490 $24,008,490 $24,008,490 State General Funds $24,008,490 $24,008,490 $24,008,490 $24,008,490 TOTAL PUBLIC FUNDS $24,008,490 $24,008,490 $24,008,490 $24,008,490 2222 JOURNAL OF THE HOUSE Principal Supplements Continuation Budget 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 STATE FUNDS $5,361,125 $5,361,125 $5,361,125 $5,361,125 State General Funds $5,361,125 $5,361,125 $5,361,125 $5,361,125 TOTAL PUBLIC FUNDS $5,361,125 $5,361,125 $5,361,125 $5,361,125 147. Principal Supplements Appropriation (HB1026) 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 STATE FUNDS $5,361,125 $5,361,125 $5,361,125 $5,361,125 State General Funds $5,361,125 $5,361,125 $5,361,125 $5,361,125 TOTAL PUBLIC FUNDS $5,361,125 $5,361,125 $5,361,125 $5,361,125 Quality Basic Education Equalization Continuation Budget 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 STATE FUNDS $371,657,510 $371,657,510 $371,657,510 $371,657,510 State General Funds $371,657,510 $371,657,510 $371,657,510 $371,657,510 TOTAL PUBLIC FUNDS $371,657,510 $371,657,510 $371,657,510 $371,657,510 Changes in the Size of the Program 148.1 Provide a correction to the Equalization Grant funding to properly reflect millage increases. Revenue Shortfall Reserve for K-12 Needs $5,112,596 $5,112,596 $5,112,596 $5,112,596 148.2 Provide a mid-term adjustment for Equalization Grant. Revenue Shortfall Reserve for K-12 Needs $7,794,041 $7,794,041 $7,794,041 $7,794,041 148. Quality Basic Education Equalization Appropriation (HB1026) 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 STATE FUNDS $384,564,147 $384,564,147 $384,564,147 $384,564,147 Revenue Shortfall Reserve for K-12 Needs $12,906,637 $12,906,637 $12,906,637 $12,906,637 State General Funds $371,657,510 $371,657,510 $371,657,510 $371,657,510 TOTAL PUBLIC FUNDS $384,564,147 $384,564,147 $384,564,147 $384,564,147 WEDNESDAY, MARCH 8, 2006 2223 Quality Basic Education Local Five Mill Share Continuation Budget 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 STATE FUNDS ($1,335,476,389) ($1,335,476,389) ($1,335,476,389) ($1,335,476,389) State General Funds ($1,335,476,389) ($1,335,476,389) ($1,335,476,389) ($1,335,476,389) TOTAL PUBLIC FUNDS ($1,335,476,389) ($1,335,476,389) ($1,335,476,389) ($1,335,476,389) Changes in the Size of the Program 149.1 Adjust funding for Local Five Mill Share for school systems with declining tax digest. Revenue Shortfall Reserve for K-12 Needs $248,409 $248,409 $248,409 $248,409 State General Funds $357,339 $357,339 $357,339 $357,339 TOTAL PUBLIC FUNDS $605,748 $605,748 $605,748 $605,748 149. Quality Basic Education Local Five Mill Share Appropriation (HB1026) 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 STATE FUNDS ($1,334,870,641) ($1,334,870,641) ($1,334,870,641) ($1,334,870,641) Revenue Shortfall Reserve for K-12 Needs $248,409 $248,409 $248,409 $248,409 State General Funds ($1,335,119,050) ($1,335,119,050) ($1,335,119,050) ($1,335,119,050) TOTAL PUBLIC FUNDS ($1,334,870,641) ($1,334,870,641) ($1,334,870,641) ($1,334,870,641) Quality Basic Education Program Continuation Budget 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 STATE FUNDS $6,677,381,942 $6,677,381,942 $6,677,381,942 $6,677,381,942 State General Funds $6,677,381,942 $6,677,381,942 $6,677,381,942 $6,677,381,942 TOTAL PUBLIC FUNDS $6,677,381,942 $6,677,381,942 $6,677,381,942 $6,677,381,942 Changes in the Size of the Program 150.1 Provide a mid-term adjustment for enrollment growth of 2.5%. Revenue Shortfall Reserve for K-12 Needs $144,984,921 $144,984,921 $144,984,921 $144,984,921 150.2 Provide funds to correct an error in the FTE count for the middle school and middle grades programs. State General Funds $1,000,000 $1,000,000 $1,000,000 2224 JOURNAL OF THE HOUSE 150. Quality Basic Education Program Appropriation (HB1026) 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 STATE FUNDS $6,822,366,863 $6,823,366,863 $6,823,366,863 $6,823,366,863 Revenue Shortfall Reserve for K-12 Needs $144,984,921 $144,984,921 $144,984,921 $144,984,921 State General Funds $6,677,381,942 $6,678,381,942 $6,678,381,942 $6,678,381,942 TOTAL PUBLIC FUNDS $6,822,366,863 $6,823,366,863 $6,823,366,863 $6,823,366,863 Regional Education Service Agencies Continuation Budget 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 STATE FUNDS $11,473,253 $11,473,253 $11,473,253 $11,473,253 State General Funds $11,473,253 $11,473,253 $11,473,253 $11,473,253 TOTAL PUBLIC FUNDS $11,473,253 $11,473,253 $11,473,253 $11,473,253 151. Regional Education Service Agencies Appropriation (HB1026) 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 STATE FUNDS $11,473,253 $11,473,253 $11,473,253 $11,473,253 State General Funds $11,473,253 $11,473,253 $11,473,253 $11,473,253 TOTAL PUBLIC FUNDS $11,473,253 $11,473,253 $11,473,253 $11,473,253 School Improvement Continuation Budget 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 STATE FUNDS $11,636,228 $11,636,228 $11,636,228 $11,636,228 State General Funds $11,636,228 $11,636,228 $11,636,228 $11,636,228 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 $100,000 Contributions, Donations, and Forfeitures $100,000 $100,000 $100,000 $100,000 Contributions, Donations, and Forfeitures Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $11,736,228 $11,736,228 $11,736,228 $11,736,228 WEDNESDAY, MARCH 8, 2006 2225 152. School Improvement Appropriation (HB1026) 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 STATE FUNDS $11,636,228 $11,636,228 $11,636,228 $11,636,228 State General Funds $11,636,228 $11,636,228 $11,636,228 $11,636,228 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 $100,000 Contributions, Donations, and Forfeitures $100,000 $100,000 $100,000 $100,000 Contributions, Donations, and Forfeitures Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $11,736,228 $11,736,228 $11,736,228 $11,736,228 School Nurses Continuation Budget 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 AGENCY FUNDS $30,000,000 $30,000,000 $30,000,000 $30,000,000 Sales and Services $30,000,000 $30,000,000 $30,000,000 $30,000,000 Sales and Services Not Itemized $30,000,000 $30,000,000 $30,000,000 $30,000,000 TOTAL PUBLIC FUNDS $30,000,000 $30,000,000 $30,000,000 $30,000,000 153. School Nurses Appropriation (HB1026) 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 AGENCY FUNDS $30,000,000 $30,000,000 $30,000,000 $30,000,000 Sales and Services $30,000,000 $30,000,000 $30,000,000 $30,000,000 Sales and Services Not Itemized $30,000,000 $30,000,000 $30,000,000 $30,000,000 TOTAL PUBLIC FUNDS $30,000,000 $30,000,000 $30,000,000 $30,000,000 Severely Emotionally Disturbed Continuation Budget The purpose is to provide statewide services to parents and educators of students with disabilities. TOTAL STATE FUNDS $64,684,683 $64,684,683 $64,684,683 $64,684,683 State General Funds $64,684,683 $64,684,683 $64,684,683 $64,684,683 TOTAL FEDERAL FUNDS $7,724,112 $7,724,112 $7,724,112 $7,724,112 Federal Funds Not Itemized $7,724,112 $7,724,112 $7,724,112 $7,724,112 TOTAL PUBLIC FUNDS $72,408,795 $72,408,795 $72,408,795 $72,408,795 2226 JOURNAL OF THE HOUSE 154. Severely Emotionally Disturbed Appropriation (HB1026) The purpose is to provide statewide services to parents and educators of students with disabilities. TOTAL STATE FUNDS $64,684,683 $64,684,683 $64,684,683 $64,684,683 State General Funds $64,684,683 $64,684,683 $64,684,683 $64,684,683 TOTAL FEDERAL FUNDS $7,724,112 $7,724,112 $7,724,112 $7,724,112 Federal Funds Not Itemized $7,724,112 $7,724,112 $7,724,112 $7,724,112 TOTAL PUBLIC FUNDS $72,408,795 $72,408,795 $72,408,795 $72,408,795 State Interagency Transfers Continuation Budget The purpose is to provide health insurance to retired teachers and non certified personnel and to pass through funding via a contract. TOTAL STATE FUNDS $251,591,693 $251,591,693 $251,591,693 $251,591,693 State General Funds $251,591,693 $251,591,693 $251,591,693 $251,591,693 TOTAL FEDERAL FUNDS $18,888,697 $18,888,697 $18,888,697 $18,888,697 Federal Funds Not Itemized $18,888,697 $18,888,697 $18,888,697 $18,888,697 TOTAL PUBLIC FUNDS $270,480,390 $270,480,390 $270,480,390 $270,480,390 155. State Interagency Transfers Appropriation (HB1026) The purpose is to provide health insurance to retired teachers and non certified personnel and to pass through funding via a contract. TOTAL STATE FUNDS $251,591,693 $251,591,693 $251,591,693 $251,591,693 State General Funds $251,591,693 $251,591,693 $251,591,693 $251,591,693 TOTAL FEDERAL FUNDS $18,888,697 $18,888,697 $18,888,697 $18,888,697 Federal Funds Not Itemized $18,888,697 $18,888,697 $18,888,697 $18,888,697 TOTAL PUBLIC FUNDS $270,480,390 $270,480,390 $270,480,390 $270,480,390 State Reading and Math Continuation Budget 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 STATE FUNDS $26,652,770 $26,652,770 $26,652,770 $26,652,770 State General Funds $26,652,770 $26,652,770 $26,652,770 $26,652,770 TOTAL PUBLIC FUNDS $26,652,770 $26,652,770 $26,652,770 $26,652,770 WEDNESDAY, MARCH 8, 2006 2227 156. State Reading and Math Appropriation (HB1026) 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 STATE FUNDS $26,652,770 $26,652,770 $26,652,770 $26,652,770 State General Funds $26,652,770 $26,652,770 $26,652,770 $26,652,770 TOTAL PUBLIC FUNDS $26,652,770 $26,652,770 $26,652,770 $26,652,770 State Schools Continuation Budget 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 STATE FUNDS $18,875,323 $18,875,323 $18,875,323 $18,875,323 State General Funds $18,875,323 $18,875,323 $18,875,323 $18,875,323 TOTAL FEDERAL FUNDS $431,714 $431,714 $431,714 $431,714 Federal Funds Not Itemized $431,714 $431,714 $431,714 $431,714 TOTAL AGENCY FUNDS $501,001 $501,001 $501,001 $501,001 Sales and Services $501,001 $501,001 $501,001 $501,001 Sales and Services Not Itemized $501,001 $501,001 $501,001 $501,001 TOTAL PUBLIC FUNDS $19,808,038 $19,808,038 $19,808,038 $19,808,038 One-Time Expense 157.1 Provide a covered walkway for the Georgia Academy for the Blind. State General Funds $180,000 $180,000 $180,000 $180,000 157. State Schools Appropriation (HB1026) 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 STATE FUNDS $19,055,323 $19,055,323 $19,055,323 $19,055,323 State General Funds $19,055,323 $19,055,323 $19,055,323 $19,055,323 TOTAL FEDERAL FUNDS $431,714 $431,714 $431,714 $431,714 Federal Funds Not Itemized $431,714 $431,714 $431,714 $431,714 TOTAL AGENCY FUNDS $501,001 $501,001 $501,001 $501,001 Sales and Services $501,001 $501,001 $501,001 $501,001 Sales and Services Not Itemized $501,001 $501,001 $501,001 $501,001 TOTAL PUBLIC FUNDS $19,988,038 $19,988,038 $19,988,038 $19,988,038 2228 JOURNAL OF THE HOUSE Technology/Career Education Continuation Budget The purpose is to equip students with academic, technical and leadership skills. TOTAL STATE FUNDS $15,256,641 $15,256,641 $15,256,641 $15,256,641 State General Funds $15,256,641 $15,256,641 $15,256,641 $15,256,641 TOTAL FEDERAL FUNDS $20,606,546 $20,606,546 $20,606,546 $20,606,546 Federal Funds Not Itemized $20,606,546 $20,606,546 $20,606,546 $20,606,546 TOTAL PUBLIC FUNDS $35,863,187 $35,863,187 $35,863,187 $35,863,187 158. Technology/Career Education Appropriation (HB1026) The purpose is to equip students with academic, technical and leadership skills. TOTAL STATE FUNDS $15,256,641 $15,256,641 $15,256,641 $15,256,641 State General Funds $15,256,641 $15,256,641 $15,256,641 $15,256,641 TOTAL FEDERAL FUNDS $20,606,546 $20,606,546 $20,606,546 $20,606,546 Federal Funds Not Itemized $20,606,546 $20,606,546 $20,606,546 $20,606,546 TOTAL PUBLIC FUNDS $35,863,187 $35,863,187 $35,863,187 $35,863,187 Testing Continuation Budget The purpose is to adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program. TOTAL STATE FUNDS $17,709,829 $17,709,829 $17,709,829 $17,709,829 State General Funds $17,709,829 $17,709,829 $17,709,829 $17,709,829 TOTAL FEDERAL FUNDS $9,704,191 $9,704,191 $9,704,191 $9,704,191 Federal Funds Not Itemized $9,704,191 $9,704,191 $9,704,191 $9,704,191 TOTAL PUBLIC FUNDS $27,414,020 $27,414,020 $27,414,020 $27,414,020 One-Time Expense 159.1 Provide funds to develop a modified assessment for students with persistent academic disabilities. State General Funds $1,000,000 $1,000,000 $1,000,000 $1,000,000 159. Testing Appropriation (HB1026) The purpose is to adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program. TOTAL STATE FUNDS $18,709,829 $18,709,829 $18,709,829 $18,709,829 State General Funds $18,709,829 $18,709,829 $18,709,829 $18,709,829 TOTAL FEDERAL FUNDS $9,704,191 $9,704,191 $9,704,191 $9,704,191 WEDNESDAY, MARCH 8, 2006 2229 Federal Funds Not Itemized $9,704,191 $9,704,191 $9,704,191 $9,704,191 TOTAL PUBLIC FUNDS $28,414,020 $28,414,020 $28,414,020 $28,414,020 Transportation Continuation Budget The purpose 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 STATE FUNDS $158,353,875 $158,353,875 $158,353,875 $158,353,875 State General Funds $158,353,875 $158,353,875 $158,353,875 $158,353,875 TOTAL PUBLIC FUNDS $158,353,875 $158,353,875 $158,353,875 $158,353,875 Changes in the Size of the Program 160.1 Add funds for increased fuel costs. State General Funds $5,000,000 $5,000,000 $5,000,000 $5,000,000 160. Transportation Appropriation (HB1026) The purpose 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 STATE FUNDS $163,353,875 $163,353,875 $163,353,875 $163,353,875 State General Funds $163,353,875 $163,353,875 $163,353,875 $163,353,875 TOTAL PUBLIC FUNDS $163,353,875 $163,353,875 $163,353,875 $163,353,875 Tuition for Multi-Handicapped Continuation Budget The purpose 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 STATE FUNDS $1,658,859 $1,658,859 $1,658,859 $1,658,859 State General Funds $1,658,859 $1,658,859 $1,658,859 $1,658,859 TOTAL PUBLIC FUNDS $1,658,859 $1,658,859 $1,658,859 $1,658,859 161. Tuition for Multi-Handicapped Appropriation (HB1026) The purpose 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 STATE FUNDS $1,658,859 $1,658,859 $1,658,859 $1,658,859 2230 JOURNAL OF THE HOUSE State General Funds $1,658,859 $1,658,859 $1,658,859 $1,658,859 TOTAL PUBLIC FUNDS $1,658,859 $1,658,859 $1,658,859 $1,658,859 Changes in Operations / Administration 425.1 Create new program called Fund Accounting (G:YES)(H:YES)(S:NO)(CC:YES) State General Funds $0 $0 $0 $0 One-Time Expense 425.2 Provide fund accounting system for all local school system. (H: Redirect $500,000 in proposed funding to correct a middle school FTE count error. Replace funds in year two of the fund accounting project.) State General Funds $9,000,000 $8,500,000 $0 $5,000,000 425.3 Fund Accounting: Script Interface to Financial Systems State General Funds $1,000,000 $0 425.4 Fund Accounting: Interface to Other Agencies State General Funds $500,000 $0 425.5 Fund Accounting: Develop Capital Outlay Processing System (COPS) State General Funds $1,100,000 $0 425.6 Fund Accounting: Electronic Transcript - assists GSFC to establish HOPE Eligibility as well as interface with State Universities and Colleges. State General Funds $400,000 $0 425.7 Fund Accounting: Interface with Federal System - NCES Course Taxonomy State General Funds $100,000 $0 425.8 Fund Accounting: Assessments - Adding item level domain data to Data Warehouse State General Funds $250,000 $0 425.9 Fund Accounting: Project Planning & Development State General Funds $750,000 $0 425.10 Fund Accounting: DOE Project Team Costs State General Funds $750,000 $0 425. Fund Accounting Appropriation (HB1026) The purpose of this appropriation is to fund the Fund Accounting System. TOTAL STATE FUNDS $9,000,000 $8,500,000 $4,850,000 $5,000,000 State General Funds $9,000,000 $8,500,000 $4,850,000 $5,000,000 TOTAL PUBLIC FUNDS $9,000,000 $8,500,000 $4,850,000 $5,000,000 WEDNESDAY, MARCH 8, 2006 2231 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,429.42. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. Section 24: Employees' Retirement System of Georgia Section Total - Continuation TOTAL STATE FUNDS $5,112,647 $5,112,647 $5,112,647 $5,112,647 State General Funds $5,112,647 $5,112,647 $5,112,647 $5,112,647 TOTAL AGENCY FUNDS $6,256,626 $6,256,626 $6,256,626 $6,256,626 Interest and Investment Income $3,128,505 $3,128,505 $3,128,505 $3,128,505 Sales and Services $3,128,121 $3,128,121 $3,128,121 $3,128,121 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $16,856,982 $16,856,982 $16,856,982 $16,856,982 TOTAL PUBLIC FUNDS $28,226,255 $28,226,255 $28,226,255 $28,226,255 Section Total - Final TOTAL STATE FUNDS $5,112,647 $5,112,647 $5,112,647 $5,112,647 State General Funds $5,112,647 $5,112,647 $5,112,647 $5,112,647 TOTAL AGENCY FUNDS $6,257,025 $6,257,025 $6,257,025 $6,257,025 Interest and Investment Income $3,128,505 $3,128,505 $3,128,505 $3,128,505 Sales and Services $3,128,520 $3,128,520 $3,128,520 $3,128,520 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $16,859,726 $16,859,726 $16,859,726 $16,859,726 TOTAL PUBLIC FUNDS $28,229,398 $28,229,398 $28,229,398 $28,229,398 Deferred Compensation Continuation Budget The purpose is to provide excellent service to participants in the deferred compensation program for all employees of the State, giving them an effective supplement for their retirement planning. TOTAL AGENCY FUNDS $3,128,121 $3,128,121 $3,128,121 $3,128,121 Sales and Services $3,128,121 $3,128,121 $3,128,121 $3,128,121 Sales and Services Not Itemized $3,128,121 $3,128,121 $3,128,121 $3,128,121 TOTAL PUBLIC FUNDS $3,128,121 $3,128,121 $3,128,121 $3,128,121 Statewide Changes 162.1 WC, GTA, and GBA Sales and Services Not Itemized $399 $399 $399 $399 2232 JOURNAL OF THE HOUSE 162. Deferred Compensation Appropriation (HB1026) The purpose is to provide excellent service to participants in the deferred compensation program for all employees of the State, giving them an effective supplement for their retirement planning. TOTAL AGENCY FUNDS $3,128,520 $3,128,520 $3,128,520 $3,128,520 Sales and Services $3,128,520 $3,128,520 $3,128,520 $3,128,520 Sales and Services Not Itemized $3,128,520 $3,128,520 $3,128,520 $3,128,520 TOTAL PUBLIC FUNDS $3,128,520 $3,128,520 $3,128,520 $3,128,520 Georgia Military Pension Fund Continuation Budget The purpose is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $890,651 $890,651 $890,651 $890,651 State General Funds $890,651 $890,651 $890,651 $890,651 TOTAL PUBLIC FUNDS $890,651 $890,651 $890,651 $890,651 163. Georgia Military Pension Fund Appropriation (HB1026) The purpose is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $890,651 $890,651 $890,651 $890,651 State General Funds $890,651 $890,651 $890,651 $890,651 TOTAL PUBLIC FUNDS $890,651 $890,651 $890,651 $890,651 System Administration Continuation Budget The purpose is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. 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 2006. TOTAL AGENCY FUNDS $3,128,505 $3,128,505 $3,128,505 $3,128,505 Interest and Investment Income $3,128,505 $3,128,505 $3,128,505 $3,128,505 Interest and Investment Income Not Itemized $3,128,505 $3,128,505 $3,128,505 $3,128,505 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $16,856,982 $16,856,982 $16,856,982 $16,856,982 Retirement Payments $16,856,982 $16,856,982 $16,856,982 $16,856,982 TOTAL PUBLIC FUNDS $19,985,487 $19,985,487 $19,985,487 $19,985,487 Statewide Changes 164.1 WC, GTA, and GBA Retirement Payments $2,744 $2,744 $2,744 $2,744 WEDNESDAY, MARCH 8, 2006 2233 164. System Administration Appropriation (HB1026) The purpose is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. 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 2006. TOTAL AGENCY FUNDS $3,128,505 $3,128,505 $3,128,505 $3,128,505 Interest and Investment Income $3,128,505 $3,128,505 $3,128,505 $3,128,505 Interest and Investment Income Not Itemized $3,128,505 $3,128,505 $3,128,505 $3,128,505 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $16,859,726 $16,859,726 $16,859,726 $16,859,726 Retirement Payments $16,859,726 $16,859,726 $16,859,726 $16,859,726 TOTAL PUBLIC FUNDS $19,988,231 $19,988,231 $19,988,231 $19,988,231 Public School Employees Retirement System Continuation Budget 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. It is the intent of the General Assembly that the employer contribution for Public School Employees' Retirement System shall not exceed $101.12 per member for State Fiscal Year 2006. TOTAL STATE FUNDS $4,221,996 $4,221,996 $4,221,996 $4,221,996 State General Funds $4,221,996 $4,221,996 $4,221,996 $4,221,996 TOTAL PUBLIC FUNDS $4,221,996 $4,221,996 $4,221,996 $4,221,996 165. Public School Employees Retirement System Appropriation (HB1026) 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. It is the intent of the General Assembly that the employer contribution for Public School Employees' Retirement System shall not exceed $101.12 per member for State Fiscal Year 2006. TOTAL STATE FUNDS $4,221,996 $4,221,996 $4,221,996 $4,221,996 State General Funds $4,221,996 $4,221,996 $4,221,996 $4,221,996 TOTAL PUBLIC FUNDS $4,221,996 $4,221,996 $4,221,996 $4,221,996 Section 25: Forestry Commission, State TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Continuation $31,932,273 $31,932,273 $31,932,273 $31,932,273 $31,932,273 $31,932,273 $31,932,273 $31,932,273 $822,000 $822,000 $822,000 $822,000 2234 JOURNAL OF THE HOUSE Federal Funds Not Itemized $822,000 $822,000 $822,000 $822,000 TOTAL AGENCY FUNDS $5,448,129 $5,448,129 $5,448,129 $5,448,129 Royalties and Rents $138,000 $138,000 $138,000 $138,000 Sales and Services $5,310,129 $5,310,129 $5,310,129 $5,310,129 TOTAL PUBLIC FUNDS $38,202,402 $38,202,402 $38,202,402 $38,202,402 Section Total - Final TOTAL STATE FUNDS $34,140,479 $34,140,479 $34,140,479 $34,140,479 State General Funds $34,140,479 $34,140,479 $34,140,479 $34,140,479 TOTAL FEDERAL FUNDS $822,000 $822,000 $822,000 $822,000 Federal Funds Not Itemized $822,000 $822,000 $822,000 $822,000 TOTAL AGENCY FUNDS $5,448,129 $5,448,129 $5,448,129 $5,448,129 Intergovernmental Transfers $43,526 $43,526 $43,526 $43,526 Royalties and Rents $138,000 $138,000 $138,000 $138,000 Sales and Services $5,266,603 $5,266,603 $5,266,603 $5,266,603 TOTAL PUBLIC FUNDS $40,410,608 $40,410,608 $40,410,608 $40,410,608 Commission Administration Continuation Budget 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 STATE FUNDS $3,798,610 $3,798,610 $3,798,610 $3,798,610 State General Funds $3,798,610 $3,798,610 $3,798,610 $3,798,610 TOTAL AGENCY FUNDS $173,027 $173,027 $173,027 $173,027 Sales and Services $173,027 $173,027 $173,027 $173,027 Sales and Services Not Itemized $173,027 $173,027 $173,027 $173,027 TOTAL PUBLIC FUNDS $3,971,637 $3,971,637 $3,971,637 $3,971,637 Statewide Changes 166.1 WC, GTA, and GBA State General Funds $5,791 $5,791 $5,791 $5,791 Changes in the Size of the Program 166.2 Realign funds to properly reflect expenditures by transferring funds from Forest Management, Forest Protection, Tree Seedling Nursery, and Tree Improvement programs. State General Funds $344,098 $344,098 $344,098 $344,098 WEDNESDAY, MARCH 8, 2006 2235 166. Commission Administration Appropriation (HB1026) 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 STATE FUNDS $4,148,499 $4,148,499 $4,148,499 $4,148,499 State General Funds $4,148,499 $4,148,499 $4,148,499 $4,148,499 TOTAL AGENCY FUNDS $173,027 $173,027 $173,027 $173,027 Sales and Services $173,027 $173,027 $173,027 $173,027 Sales and Services Not Itemized $173,027 $173,027 $173,027 $173,027 TOTAL PUBLIC FUNDS $4,321,526 $4,321,526 $4,321,526 $4,321,526 Forest Management Continuation Budget The purpose is to survey 20% of permanently established forest survey plots annually to gather forest health and inventory data. TOTAL STATE FUNDS $2,624,712 $2,624,712 $2,624,712 $2,624,712 State General Funds $2,624,712 $2,624,712 $2,624,712 $2,624,712 TOTAL FEDERAL FUNDS $552,000 $552,000 $552,000 $552,000 Federal Funds Not Itemized $552,000 $552,000 $552,000 $552,000 TOTAL AGENCY FUNDS $627,500 $627,500 $627,500 $627,500 Royalties and Rents $125,000 $125,000 $125,000 $125,000 Royalties and Rents Not Itemized $125,000 $125,000 $125,000 $125,000 Sales and Services $502,500 $502,500 $502,500 $502,500 Sales and Services Not Itemized $502,500 $502,500 $502,500 $502,500 TOTAL PUBLIC FUNDS $3,804,212 $3,804,212 $3,804,212 $3,804,212 Statewide Changes 167.1 WC, GTA, and GBA State General Funds $4,470 $4,470 $4,470 $4,470 Changes in the Size of the Program 167.2 Realign funds to properly reflect expenditures by transferring funds to the Administration program. State General Funds ($244,987) ($244,987) ($244,987) ($244,987) Sales and Services Not Itemized ($3,462) ($3,462) ($3,462) ($3,462) TOTAL PUBLIC FUNDS ($248,449) ($248,449) ($248,449) ($248,449) 2236 JOURNAL OF THE HOUSE 167. Forest Management Appropriation (HB1026) The purpose is to survey 20% of permanently established forest survey plots annually to gather forest health and inventory data. TOTAL STATE FUNDS $2,384,195 $2,384,195 $2,384,195 $2,384,195 State General Funds $2,384,195 $2,384,195 $2,384,195 $2,384,195 TOTAL FEDERAL FUNDS $552,000 $552,000 $552,000 $552,000 Federal Funds Not Itemized $552,000 $552,000 $552,000 $552,000 TOTAL AGENCY FUNDS $624,038 $624,038 $624,038 $624,038 Royalties and Rents $125,000 $125,000 $125,000 $125,000 Royalties and Rents Not Itemized $125,000 $125,000 $125,000 $125,000 Sales and Services $499,038 $499,038 $499,038 $499,038 Sales and Services Not Itemized $499,038 $499,038 $499,038 $499,038 TOTAL PUBLIC FUNDS $3,560,233 $3,560,233 $3,560,233 $3,560,233 Forest Protection Continuation Budget The purpose is to protect the public and forest resources. TOTAL STATE FUNDS $25,575,110 $25,575,110 $25,575,110 $25,575,110 State General Funds $25,575,110 $25,575,110 $25,575,110 $25,575,110 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 $200,000 Federal Funds Not Itemized $200,000 $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $2,676,611 $2,676,611 $2,676,611 $2,676,611 Royalties and Rents $13,000 $13,000 $13,000 $13,000 Royalties and Rents Not Itemized $13,000 $13,000 $13,000 $13,000 Sales and Services $2,663,611 $2,663,611 $2,663,611 $2,663,611 Sales and Services Not Itemized $2,663,611 $2,663,611 $2,663,611 $2,663,611 TOTAL PUBLIC FUNDS $28,451,721 $28,451,721 $28,451,721 $28,451,721 Statewide Changes 168.1 WC, GTA, and GBA State General Funds $48,356 $48,356 $48,356 $48,356 Changes in Operations / Administration 168.2 Realign funds to properly reflect expenditures by transferring to the Administration program. State General Funds ($98,647) ($98,647) ($98,647) ($98,647) WEDNESDAY, MARCH 8, 2006 2237 Intergovernmental Transfers Not Itemized $43,526 $43,526 $43,526 $43,526 TOTAL PUBLIC FUNDS ($55,121) ($55,121) ($55,121) ($55,121) 168.4 Provide funding for ongoing and deferred maintenance on firefighting equipment to prepare for a moderate fire season. State General Funds $876,222 $876,222 $876,222 $876,222 One-Time Expense 168.3 Replace eighteen vehicles used in firefighting in excess of 135,000 miles. State General Funds $642,000 $642,000 $642,000 $642,000 168.5 Fund commission-wide upgrades to communications equipment used in fighting fires. State General Funds $500,000 $500,000 $500,000 $500,000 Changes in the Size of the Program 168.6 Fill fifteen vacant firefighter positions to ensure the commission can adequately respond to a moderate fire season. State General Funds $131,250 $131,250 $131,250 $131,250 168. Forest Protection Appropriation (HB1026) The purpose is to protect the public and forest resources. TOTAL STATE FUNDS $27,674,291 $27,674,291 $27,674,291 $27,674,291 State General Funds $27,674,291 $27,674,291 $27,674,291 $27,674,291 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 $200,000 Federal Funds Not Itemized $200,000 $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $2,720,137 $2,720,137 $2,720,137 $2,720,137 Intergovernmental Transfers $43,526 $43,526 $43,526 $43,526 Intergovernmental Transfers Not Itemized $43,526 $43,526 $43,526 $43,526 Royalties and Rents $13,000 $13,000 $13,000 $13,000 Royalties and Rents Not Itemized $13,000 $13,000 $13,000 $13,000 Sales and Services $2,663,611 $2,663,611 $2,663,611 $2,663,611 Sales and Services Not Itemized $2,663,611 $2,663,611 $2,663,611 $2,663,611 TOTAL PUBLIC FUNDS $30,594,428 $30,594,428 $30,594,428 $30,594,428 Tree Improvement Continuation Budget The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on legislative appropriations. TOTAL STATE FUNDS $119,123 $119,123 $119,123 $119,123 2238 JOURNAL OF THE HOUSE State General Funds $119,123 $119,123 $119,123 $119,123 TOTAL PUBLIC FUNDS $119,123 $119,123 $119,123 $119,123 Changes in Operations / Administration 169.1 Realign funds to properly reflect expenditures by transferring funds to the Administration program. State General Funds ($464) ($464) ($464) ($464) 169. Tree Improvement Appropriation (HB1026) The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on legislative appropriations. TOTAL STATE FUNDS $118,659 $118,659 $118,659 $118,659 State General Funds $118,659 $118,659 $118,659 $118,659 TOTAL PUBLIC FUNDS $118,659 $118,659 $118,659 $118,659 Tree Seedling Nursery Continuation Budget The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on legislative appropriations. TOTAL STATE FUNDS ($185,282) ($185,282) ($185,282) ($185,282) State General Funds ($185,282) ($185,282) ($185,282) ($185,282) TOTAL FEDERAL FUNDS $70,000 $70,000 $70,000 $70,000 Federal Funds Not Itemized $70,000 $70,000 $70,000 $70,000 TOTAL AGENCY FUNDS $1,970,991 $1,970,991 $1,970,991 $1,970,991 Sales and Services $1,970,991 $1,970,991 $1,970,991 $1,970,991 Sales and Services Not Itemized $1,970,991 $1,970,991 $1,970,991 $1,970,991 TOTAL PUBLIC FUNDS $1,855,709 $1,855,709 $1,855,709 $1,855,709 Statewide Changes 170.1 WC, GTA, and GBA State General Funds $117 $117 $117 $117 Changes in Operations / Administration 170.2 Realign funds to properly reflect expenditures by transferring funds to the Administration program. Sales and Services Not Itemized ($40,064) ($40,064) ($40,064) ($40,064) 170. Tree Seedling Nursery Appropriation (HB1026) The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on legislative appropriations. WEDNESDAY, MARCH 8, 2006 2239 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section 26: Governor, Office of the TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services ($185,165) ($185,165) $70,000 $70,000 $1,930,927 $1,930,927 $1,930,927 $1,815,762 ($185,165) ($185,165) $70,000 $70,000 $1,930,927 $1,930,927 $1,930,927 $1,815,762 ($185,165) ($185,165) $70,000 $70,000 $1,930,927 $1,930,927 $1,930,927 $1,815,762 ($185,165) ($185,165) $70,000 $70,000 $1,930,927 $1,930,927 $1,930,927 $1,815,762 Section Total - Continuation $39,517,470 $39,517,470 $39,517,470 $39,517,470 $39,517,470 $39,517,470 $39,517,470 $39,517,470 $5,603,227 $5,603,227 $5,603,227 $5,603,227 $5,603,227 $5,603,227 $5,603,227 $5,603,227 $624,875 $624,875 $624,875 $624,875 $15,000 $15,000 $15,000 $15,000 $609,875 $609,875 $609,875 $609,875 $265,670 $265,670 $265,670 $265,670 $46,011,242 $46,011,242 $46,011,242 Section Total - Final $46,011,242 $40,137,430 $39,493,430 $39,882,430 $39,837,430 $40,137,430 $39,493,430 $39,787,430 $39,837,430 $95,000 $5,603,227 $5,603,227 $26,042,786 $26,042,786 $5,603,227 $5,603,227 $26,042,786 $26,042,786 $624,875 $624,875 $2,505,080 $930,080 $15,000 $15,000 $37,080 $37,080 $131,001 $131,001 $1,575,000 $609,875 $609,875 $615,056 $615,056 2240 JOURNAL OF THE HOUSE Sanctions, Fines, and Penalties $146,943 $146,943 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $265,670 $265,670 $392,506 $392,506 TOTAL PUBLIC FUNDS $46,631,202 $45,987,202 $68,822,802 $67,202,802 Governor's Emergency Fund Continuation Budget The purpose is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $3,469,576 $3,469,576 $3,469,576 $3,469,576 State General Funds $3,469,576 $3,469,576 $3,469,576 $3,469,576 TOTAL PUBLIC FUNDS $3,469,576 $3,469,576 $3,469,576 $3,469,576 Changes in the Size of the Program 171.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for transferring funds to the Georgia Emergency Management Agency Public Assistance program. State General Funds ($625,000) $0 171. Governor's Emergency Fund Appropriation (HB1026) The purpose is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $3,469,576 $3,469,576 $2,844,576 $3,469,576 State General Funds $3,469,576 $3,469,576 $2,844,576 $3,469,576 TOTAL PUBLIC FUNDS $3,469,576 $3,469,576 $2,844,576 $3,469,576 Governor's Office Continuation Budget 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. The Mansion allowance shall be $40,000. TOTAL STATE FUNDS $5,056,367 $5,056,367 $5,056,367 $5,056,367 State General Funds $5,056,367 $5,056,367 $5,056,367 $5,056,367 TOTAL PUBLIC FUNDS $5,056,367 $5,056,367 $5,056,367 $5,056,367 Statewide Changes 172.1 WC, GTA, and GBA State General Funds $3,017 $3,017 $3,017 $3,017 Changes in the Size of the Program 172.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds used for the State of Georgia office in Washington, D.C. and Governor's Internship Program. Agency to Agency Contracts $126,836 $126,836 WEDNESDAY, MARCH 8, 2006 2241 172. Governor's Office Appropriation (HB1026) 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. The Mansion allowance shall be $40,000. TOTAL STATE FUNDS $5,059,384 $5,059,384 $5,059,384 $5,059,384 State General Funds $5,059,384 $5,059,384 $5,059,384 $5,059,384 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $126,836 $126,836 Agency to Agency Contracts $126,836 $126,836 TOTAL PUBLIC FUNDS $5,059,384 $5,059,384 $5,186,220 $5,186,220 Planning and Budget - Attached Agency Administration Continuation Budget The purpose is to provide administration services to various agencies. TOTAL STATE FUNDS $4,961,364 $4,961,364 $4,961,364 $4,961,364 State General Funds $4,961,364 $4,961,364 $4,961,364 $4,961,364 TOTAL PUBLIC FUNDS $4,961,364 $4,961,364 $4,961,364 $4,961,364 Changes in the Size of the Program 173.1 Transfer funds to the Office Administration program and the Research and Management program to design and implement enterprise budget system. State General Funds ($754,845) ($754,845) ($754,845) ($754,845) 173.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for transferring funds to the Office Administration program. State General Funds ($300,000) ($300,000) 173.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds from the OneGeorgia Authority. Tobacco Settlement Funds $95,000 $0 173. Planning and Budget - Attached Agency Administration Appropriation (HB1026) The purpose is to provide administration services to various agencies. TOTAL STATE FUNDS $4,206,519 $4,206,519 $4,001,519 $3,906,519 State General Funds $4,206,519 $4,206,519 $3,906,519 $3,906,519 Tobacco Settlement Funds $95,000 TOTAL PUBLIC FUNDS $4,206,519 $4,206,519 $4,001,519 $3,906,519 2242 JOURNAL OF THE HOUSE Planning and Budget - Budget Management and Fiscal Policy Continuation Budget The purpose is to supply budgeting, policy management and revenue forecasting for the Office of the Governor. TOTAL STATE FUNDS $2,331,824 $2,331,824 $2,331,824 $2,331,824 State General Funds $2,331,824 $2,331,824 $2,331,824 $2,331,824 TOTAL PUBLIC FUNDS $2,331,824 $2,331,824 $2,331,824 $2,331,824 Changes in the Size of the Program 174.1 Transfer funds to the Research and Management program to design and implement enterprise budget system. State General Funds ($164,398) ($164,398) ($164,398) ($164,398) 174.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to be used for contractual work with Georgia State University. Federal Funds Not Itemized $186,478 $186,478 174. Planning and Budget - Budget Management and Fiscal Appropriation (HB1026) Policy The purpose is to supply budgeting, policy management and revenue forecasting for the Office of the Governor. TOTAL STATE FUNDS $2,167,426 $2,167,426 $2,167,426 $2,167,426 State General Funds $2,167,426 $2,167,426 $2,167,426 $2,167,426 TOTAL FEDERAL FUNDS $186,478 $186,478 Federal Funds Not Itemized $186,478 $186,478 TOTAL PUBLIC FUNDS $2,167,426 $2,167,426 $2,353,904 $2,353,904 Planning and Budget - Office Administration Continuation Budget The purpose is to provide the governor with policymaking assistance in determining strategic and tactical plans for state agencies. TOTAL STATE FUNDS $1,521,238 $1,521,238 $1,521,238 $1,521,238 State General Funds $1,521,238 $1,521,238 $1,521,238 $1,521,238 TOTAL PUBLIC FUNDS $1,521,238 $1,521,238 $1,521,238 $1,521,238 Statewide Changes 175.1 WC, GTA, and GBA State General Funds $4,308 $4,308 $4,308 $4,308 TOTAL PUBLIC FUNDS $4,308 Changes in Operations / Administration 175.4 CNG HR Task Force Surplus. WEDNESDAY, MARCH 8, 2006 2243 State General Funds ($200,000) TOTAL PUBLIC FUNDS ($200,000) Changes in the Size of the Program 175.2 Transfer funds from the Attached Agency Administration program to design and implement enterprise budget system (S: Recognize in kind Payments from Georgia Technology Authority originally in HB85 as Remittance to State Treasury). State General Funds $340,939 $340,939 $340,939 $340,939 Intergovernmental Transfers Not Itemized $1,575,000 $0 TOTAL PUBLIC FUNDS $1,915,939 $340,939 175.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for transferring funds from the Attached Agency Administration program. State General Funds $300,000 $300,000 175. Planning and Budget - Office Administration Appropriation (HB1026) The purpose is to provide the governor with policymaking assistance in determining strategic and tactical plans for state agencies. TOTAL STATE FUNDS $1,866,485 $1,866,485 $2,166,485 $1,966,485 State General Funds $1,866,485 $1,866,485 $2,166,485 $1,966,485 TOTAL AGENCY FUNDS $1,575,000 Intergovernmental Transfers $1,575,000 Intergovernmental Transfers Not Itemized $1,575,000 TOTAL PUBLIC FUNDS $1,866,485 $1,866,485 $3,741,485 $1,966,485 Planning and Budget - Planning and Evaluation Continuation Budget 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 STATE FUNDS $899,456 $899,456 $899,456 $899,456 State General Funds $899,456 $899,456 $899,456 $899,456 TOTAL PUBLIC FUNDS $899,456 $899,456 $899,456 $899,456 Changes in the Size of the Program 176.1 Transfer funds to the Research and Management program to design and implement enterprise budget system. State General Funds ($200,924) ($200,924) ($200,924) ($200,924) 2244 JOURNAL OF THE HOUSE 176. Planning and Budget - Planning and Evaluation Appropriation (HB1026) 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 STATE FUNDS $698,532 $698,532 $698,532 $698,532 State General Funds $698,532 $698,532 $698,532 $698,532 TOTAL PUBLIC FUNDS $698,532 $698,532 $698,532 $698,532 Planning and Budget - Research and Management Continuation Budget 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 STATE FUNDS $1,588,475 $1,588,475 $1,588,475 $1,588,475 State General Funds $1,588,475 $1,588,475 $1,588,475 $1,588,475 TOTAL PUBLIC FUNDS $1,588,475 $1,588,475 $1,588,475 $1,588,475 Changes in the Size of the Program 177.1 Transfer funds from the Attached Agency Administration program to design and implement enterprise budget system. State General Funds $779,228 $779,228 $779,228 $779,228 177. Planning and Budget - Research and Management Appropriation (HB1026) 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 STATE FUNDS $2,367,703 $2,367,703 $2,367,703 $2,367,703 State General Funds $2,367,703 $2,367,703 $2,367,703 $2,367,703 TOTAL PUBLIC FUNDS $2,367,703 $2,367,703 $2,367,703 $2,367,703 Arts, Georgia Council for the Continuation Budget The purpose is to provide general operation support and project support grants for art organizations. TOTAL STATE FUNDS $3,900,546 $3,900,546 $3,900,546 $3,900,546 State General Funds $3,900,546 $3,900,546 $3,900,546 $3,900,546 TOTAL FEDERAL FUNDS $710,524 $710,524 $710,524 $710,524 Federal Funds Not Itemized $710,524 $710,524 $710,524 $710,524 TOTAL AGENCY FUNDS $15,000 $15,000 $15,000 $15,000 Contributions, Donations, and Forfeitures $15,000 $15,000 $15,000 $15,000 Contributions, Donations, and Forfeitures Not Itemized $15,000 $15,000 $15,000 $15,000 WEDNESDAY, MARCH 8, 2006 2245 TOTAL PUBLIC FUNDS $4,626,070 $4,626,070 $4,626,070 $4,626,070 Statewide Changes 178.1 WC, GTA, and GBA State General Funds $138 $138 $138 $138 Changes in the Size of the Program 178.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to increase access to the arts. Federal Funds Not Itemized $4,106 $4,106 178. Arts, Georgia Council for the Appropriation (HB1026) The purpose is to provide general operation support and project support grants for art organizations. TOTAL STATE FUNDS $3,900,684 $3,900,684 $3,900,684 $3,900,684 State General Funds $3,900,684 $3,900,684 $3,900,684 $3,900,684 TOTAL FEDERAL FUNDS $710,524 $710,524 $714,630 $714,630 Federal Funds Not Itemized $710,524 $710,524 $714,630 $714,630 TOTAL AGENCY FUNDS $15,000 $15,000 $15,000 $15,000 Contributions, Donations, and Forfeitures $15,000 $15,000 $15,000 $15,000 Contributions, Donations, and Forfeitures Not Itemized $15,000 $15,000 $15,000 $15,000 TOTAL PUBLIC FUNDS $4,626,208 $4,626,208 $4,630,314 $4,630,314 Child Advocate, Office of the Continuation Budget The purpose is to provide independent oversight of persons, organizations, and agencies responsible for the protection and well-being of children. TOTAL STATE FUNDS $716,356 $716,356 $716,356 $716,356 State General Funds $716,356 $716,356 $716,356 $716,356 TOTAL PUBLIC FUNDS $716,356 $716,356 $716,356 $716,356 Statewide Changes 179.1 WC, GTA, and GBA State General Funds $486 $486 $486 $486 One-Time Expense 179.2 Provide software for an electronic document management system providing efficient storage, management and retrieval of all agency documents. State General Funds $25,132 $25,132 $25,132 $25,132 2246 JOURNAL OF THE HOUSE Changes in the Size of the Program 179.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to aid advocacy and educational programs. Federal Funds Not Itemized $134,182 $134,182 TOTAL PUBLIC FUNDS $134,182 $134,182 179. Child Advocate, Office of the Appropriation (HB1026) The purpose is to provide independent oversight of persons, organizations, and agencies responsible for the protection and well-being of children. TOTAL STATE FUNDS $741,974 $741,974 $741,974 $741,974 State General Funds $741,974 $741,974 $741,974 $741,974 TOTAL FEDERAL FUNDS $134,182 $134,182 Federal Funds Not Itemized $134,182 $134,182 TOTAL PUBLIC FUNDS $741,974 $741,974 $876,156 $876,156 Consumer Affairs, Governor's Office of Continuation Budget 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 STATE FUNDS $3,287,352 $3,287,352 $3,287,352 $3,287,352 State General Funds $3,287,352 $3,287,352 $3,287,352 $3,287,352 TOTAL AGENCY FUNDS $417,019 $417,019 $417,019 $417,019 Sales and Services $417,019 $417,019 $417,019 $417,019 Sales and Services Not Itemized $417,019 $417,019 $417,019 $417,019 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $150,670 $150,670 $150,670 $150,670 Agency to Agency Contracts $150,670 $150,670 $150,670 $150,670 TOTAL PUBLIC FUNDS $3,855,041 $3,855,041 $3,855,041 $3,855,041 Statewide Changes 180.1 WC, GTA, and GBA State General Funds $2,354 $2,354 $2,354 $2,354 Changes in the Size of the Program 180.2 Provide for cool room storage for servers. State General Funds $16,000 $16,000 $16,000 $16,000 180.3 Provide funding to establish and implement a customer service initiative. (H: Fund one position) WEDNESDAY, MARCH 8, 2006 2247 State General Funds $700,000 $56,000 $350,000 $600,000 180.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for agency funds to aid in the enforcement of civil law. Sales and Services Not Itemized $5,000 $5,000 Sanctions, Fines, and Penalties Not Itemized $146,943 $146,943 TOTAL PUBLIC FUNDS $151,943 $151,943 180. Consumer Affairs, Governor's Office of Appropriation (HB1026) 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 STATE FUNDS $4,005,706 $3,361,706 $3,655,706 $3,905,706 State General Funds $4,005,706 $3,361,706 $3,655,706 $3,905,706 TOTAL AGENCY FUNDS $417,019 $417,019 $568,962 $568,962 Sales and Services $417,019 $417,019 $422,019 $422,019 Sales and Services Not Itemized $417,019 $417,019 $422,019 $422,019 Sanctions, Fines, and Penalties $146,943 $146,943 Sanctions, Fines, and Penalties Not Itemized $146,943 $146,943 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $150,670 $150,670 $150,670 $150,670 Agency to Agency Contracts $150,670 $150,670 $150,670 $150,670 TOTAL PUBLIC FUNDS $4,573,395 $3,929,395 $4,375,338 $4,625,338 Emergency Management Agency, Georgia Continuation Budget 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 STATE FUNDS $1,989,168 $1,989,168 $1,989,168 $1,989,168 State General Funds $1,989,168 $1,989,168 $1,989,168 $1,989,168 TOTAL FEDERAL FUNDS $4,127,556 $4,127,556 $4,127,556 $4,127,556 Federal Funds Not Itemized $4,127,556 $4,127,556 $4,127,556 $4,127,556 TOTAL AGENCY FUNDS $192,856 $192,856 $192,856 $192,856 Sales and Services $192,856 $192,856 $192,856 $192,856 Sales and Services Not Itemized $192,856 $192,856 $192,856 $192,856 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $115,000 $115,000 $115,000 $115,000 Agency to Agency Contracts $115,000 $115,000 $115,000 $115,000 2248 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $6,424,580 $6,424,580 $6,424,580 $6,424,580 Statewide Changes 181.1 WC, GTA, and GBA State General Funds $1,133 $1,133 $1,133 $1,133 Changes in the Size of the Program 181.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds and prior year funding from the Governor's Emergency Fund for Hurricane Katrina assistance. Federal Funds Not Itemized $16,966,097 $16,966,097 Reserved Fund Balances Not Itemized $131,001 $131,001 TOTAL PUBLIC FUNDS $17,097,098 $17,097,098 181.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for transferring funds from the Governor's Emergency Fund for Hurricane Dennis assistance. State General Funds $625,000 $0 181. Emergency Management Agency, Georgia Appropriation (HB1026) 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 STATE FUNDS $1,990,301 $1,990,301 $2,615,301 $1,990,301 State General Funds $1,990,301 $1,990,301 $2,615,301 $1,990,301 TOTAL FEDERAL FUNDS $4,127,556 $4,127,556 $21,093,653 $21,093,653 Federal Funds Not Itemized $4,127,556 $4,127,556 $21,093,653 $21,093,653 TOTAL AGENCY FUNDS $192,856 $192,856 $323,857 $323,857 Reserved Fund Balances $131,001 $131,001 Reserved Fund Balances Not Itemized $131,001 $131,001 Sales and Services $192,856 $192,856 $192,856 $192,856 Sales and Services Not Itemized $192,856 $192,856 $192,856 $192,856 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $115,000 $115,000 $115,000 $115,000 Agency to Agency Contracts $115,000 $115,000 $115,000 $115,000 TOTAL PUBLIC FUNDS $6,425,713 $6,425,713 $24,147,811 $23,522,811 Equal Opportunity, Georgia Commission on Continuation Budget 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. WEDNESDAY, MARCH 8, 2006 2249 TOTAL STATE FUNDS $695,707 $695,707 $695,707 $695,707 State General Funds $695,707 $695,707 $695,707 $695,707 TOTAL FEDERAL FUNDS $387,217 $387,217 $387,217 $387,217 Federal Funds Not Itemized $387,217 $387,217 $387,217 $387,217 TOTAL PUBLIC FUNDS $1,082,924 $1,082,924 $1,082,924 $1,082,924 Statewide Changes 182.1 WC, GTA, and GBA State General Funds $440 $440 $440 $440 Changes in Operations / Administration 182.2 Reflect savings from relocation of office space from Peachtree Center to Floyd State Office Building. State General Funds ($55,000) ($55,000) ($55,000) ($55,000) Changes in the Size of the Program 182.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to aid with fair housing. Federal Funds Not Itemized $90,500 $90,500 182. Equal Opportunity, Georgia Commission on Appropriation (HB1026) 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 STATE FUNDS $641,147 $641,147 $641,147 $641,147 State General Funds $641,147 $641,147 $641,147 $641,147 TOTAL FEDERAL FUNDS $387,217 $387,217 $477,717 $477,717 Federal Funds Not Itemized $387,217 $387,217 $477,717 $477,717 TOTAL PUBLIC FUNDS $1,028,364 $1,028,364 $1,118,864 $1,118,864 Office of Homeland Security Continuation Budget 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 STATE FUNDS $592,905 $592,905 $592,905 $592,905 State General Funds $592,905 $592,905 $592,905 $592,905 TOTAL PUBLIC FUNDS $592,905 $592,905 $592,905 $592,905 Statewide Changes 183.1 WC, GTA, and GBA 2250 JOURNAL OF THE HOUSE State General Funds $390 $390 $390 $390 Changes in the Size of the Program 183.2 Reduce funds to reflect projected expenditures. State General Funds ($83,000) ($83,000) ($83,000) ($83,000) 183.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in funds received from the Federal Emergency Management Agency. Federal Funds Not Itemized $200 $200 183. Office of Homeland Security Appropriation (HB1026) 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 STATE FUNDS $510,295 $510,295 $510,295 $510,295 State General Funds $510,295 $510,295 $510,295 $510,295 TOTAL FEDERAL FUNDS $200 $200 Federal Funds Not Itemized $200 $200 TOTAL PUBLIC FUNDS $510,295 $510,295 $510,495 $510,495 Office of the State Inspector General Continuation Budget 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 STATE FUNDS $791,432 $791,432 $791,432 $791,432 State General Funds $791,432 $791,432 $791,432 $791,432 TOTAL PUBLIC FUNDS $791,432 $791,432 $791,432 $791,432 Statewide Changes 184.1 WC, GTA, and GBA State General Funds $418 $418 $418 $418 184. Office of the State Inspector General Appropriation (HB1026) 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 STATE FUNDS $791,850 $791,850 $791,850 $791,850 State General Funds $791,850 $791,850 $791,850 $791,850 TOTAL PUBLIC FUNDS $791,850 $791,850 $791,850 $791,850 WEDNESDAY, MARCH 8, 2006 2251 Professional Standards Commission, Georgia Continuation Budget The purpose is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia. TOTAL STATE FUNDS $6,579,840 $6,579,840 $6,579,840 $6,579,840 State General Funds $6,579,840 $6,579,840 $6,579,840 $6,579,840 TOTAL FEDERAL FUNDS $111,930 $111,930 $111,930 $111,930 Federal Funds Not Itemized $111,930 $111,930 $111,930 $111,930 TOTAL PUBLIC FUNDS $6,691,770 $6,691,770 $6,691,770 $6,691,770 Statewide Changes 185.1 WC, GTA, and GBA State General Funds $3,521 $3,521 $3,521 $3,521 Changes in Operations / Administration 185.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for cost associated with consultant on the panel review of the schools on the needs improvement list and administration. Federal Funds Not Itemized $1,622,818 $1,622,818 185.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for private donations collected at the National Board conference and bank card fees. Contributions, Donations, and Forfeitures Not Itemized $22,080 $22,080 Sales and Services Not Itemized $181 $181 TOTAL PUBLIC FUNDS $22,261 $22,261 Changes in How the Program is Funded 185.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for fund part time administrative assistant. Federal Funds Not Itemized $25,832 $25,832 Changes in the Size of the Program 185.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for one full time position and contract employees plus expenses related to the position. Federal Funds Not Itemized $302,869 $302,869 185.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for stipend for participants, salary for consultants and other related expenses. Federal Funds Not Itemized $1,106,477 $1,106,477 2252 JOURNAL OF THE HOUSE 185. Professional Standards Commission, Georgia Appropriation (HB1026) The purpose is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia. TOTAL STATE FUNDS $6,583,361 $6,583,361 $6,583,361 $6,583,361 State General Funds $6,583,361 $6,583,361 $6,583,361 $6,583,361 TOTAL FEDERAL FUNDS $111,930 $111,930 $3,169,926 $3,169,926 Federal Funds Not Itemized $111,930 $111,930 $3,169,926 $3,169,926 TOTAL AGENCY FUNDS $22,261 $22,261 Contributions, Donations, and Forfeitures $22,080 $22,080 Contributions, Donations, and Forfeitures Not Itemized $22,080 $22,080 Sales and Services $181 $181 Sales and Services Not Itemized $181 $181 TOTAL PUBLIC FUNDS $6,695,291 $6,695,291 $9,775,548 $9,775,548 Student Achievement, Office of Continuation Budget The purpose is to improve student achievement and school completion in Georgia. TOTAL STATE FUNDS $1,135,864 $1,135,864 $1,135,864 $1,135,864 State General Funds $1,135,864 $1,135,864 $1,135,864 $1,135,864 TOTAL FEDERAL FUNDS $266,000 $266,000 $266,000 $266,000 Federal Funds Not Itemized $266,000 $266,000 $266,000 $266,000 TOTAL PUBLIC FUNDS $1,401,864 $1,401,864 $1,401,864 $1,401,864 Statewide Changes 186.1 WC, GTA, and GBA State General Funds $623 $623 $623 $623 186. Student Achievement, Office of Appropriation (HB1026) The purpose is to improve student achievement and school completion in Georgia. TOTAL STATE FUNDS $1,136,487 $1,136,487 $1,136,487 $1,136,487 State General Funds $1,136,487 $1,136,487 $1,136,487 $1,136,487 TOTAL FEDERAL FUNDS $266,000 $266,000 $266,000 $266,000 Federal Funds Not Itemized $266,000 $266,000 $266,000 $266,000 TOTAL PUBLIC FUNDS $1,402,487 $1,402,487 $1,402,487 $1,402,487 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 WEDNESDAY, MARCH 8, 2006 2253 for all the purposes for which such moneys may be appropriated pursuant to Article 28. Section 27: Human Resources, Department of TOTAL STATE FUNDS Brain and Spinal Injury Trust Fund State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Community Mental Health Services Block Grant Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Block Grant CFDA93.959 Preventive Health & Health Services Block Grant Social Services Block Grant CFDA 93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Unobligated TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL STATE FUNDS Section Total - Continuation $1,372,277,952 $1,372,277,952 $1,372,277,952 $1,372,277,952 $3,000,000 $3,000,000 $3,000,000 $3,000,000 $1,334,244,473 $1,334,244,473 $1,334,244,473 $1,334,244,473 $35,033,479 $35,033,479 $35,033,479 $35,033,479 $1,197,385,486 $1,197,385,486 $1,197,385,486 $1,197,385,486 $52,106,949 $52,106,949 $52,106,949 $52,106,949 $74,410,706 $74,410,706 $74,410,706 $74,410,706 $12,840,422 $12,840,422 $12,840,422 $12,840,422 $17,185,183 $17,185,183 $17,185,183 $17,185,183 $308,987,738 $308,987,738 $308,987,738 $308,987,738 $41,354,292 $41,354,292 $41,354,292 $41,354,292 $18,929,972 $18,929,972 $18,929,972 $18,929,972 $17,348,033 $17,348,033 $17,348,033 $17,348,033 $175,865,314 $175,865,314 $175,865,314 $175,865,314 $50,960,435 $50,960,435 $50,960,435 $50,960,435 $4,203,960 $4,203,960 $4,203,960 $55,368,733 $55,368,733 $55,368,733 $347,823,749 $347,823,749 $347,823,749 $20,000,000 $20,000,000 $20,000,000 $181,632,610 $181,632,610 $181,632,610 $20,000,000 $20,000,000 $20,000,000 $161,632,610 $161,632,610 $161,632,610 $6,030,541 $6,030,541 $6,030,541 $2,757,326,589 $2,757,326,589 $2,757,326,589 Section Total - Final $1,408,324,342 $1,407,198,614 $1,406,095,032 $4,203,960 $55,368,733 $347,823,749 $20,000,000 $181,632,610 $20,000,000 $161,632,610 $6,030,541 $2,757,326,589 $1,416,587,057 2254 JOURNAL OF THE HOUSE Brain and Spinal Injury Trust Fund $3,000,000 $3,000,000 $3,000,000 State General Funds $1,370,290,863 $1,369,165,135 $1,368,061,553 Tobacco Settlement Funds $35,033,479 $35,033,479 $35,033,479 TOTAL FEDERAL FUNDS $1,224,805,252 $1,224,612,986 $1,469,209,189 Child Care & Development Block Grant CFDA93.575 $54,506,907 $54,506,907 $54,506,907 CCDF Mandatory & Matching Funds CFDA93.596 $74,410,706 $74,410,706 $74,410,706 Community Mental Health Services Block Grant $12,840,422 $12,840,422 $12,840,422 Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 Federal Funds Not Itemized $326,143,387 $326,143,387 $628,575,338 Foster Care Title IV-E CFDA93.658 $74,236,044 $74,236,044 $74,236,044 Low-Income Home Energy Assistance CFDA93.568 $18,970,241 $18,970,241 $18,970,241 Maternal & Child Health Services Block Grant CFDA93.994 $17,348,033 $17,348,033 $17,348,033 Medical Assistance Program CFDA93.778 $147,089,005 $146,896,739 $97,502,564 Prevention & Treatment of Substance Abuse Block Grant $50,960,435 $50,960,435 $52,280,546 CFDA93.959 Preventive Health & Health Services Block Grant $4,203,960 $4,203,960 $5,258,723 CFDA93.991 Social Services Block Grant CFDA 93.667 $55,370,733 $55,370,733 $55,370,733 Temporary Assistance for Needy Families $351,540,196 $351,540,196 $354,728,378 Temporary Assistance for Needy Families Unobligated $20,000,000 $20,000,000 $5,995,371 Balance TOTAL AGENCY FUNDS $179,298,282 $179,298,282 $185,988,861 Contributions, Donations, and Forfeitures $20,000,000 $20,000,000 $20,000,000 Sales and Services $159,298,282 $159,298,282 $165,988,861 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $6,030,541 $6,030,541 $6,030,541 TOTAL PUBLIC FUNDS $2,818,458,417 $2,817,140,423 $3,067,323,623 Adolescent Health and Youth Development Continuation Budget The purpose is to prevent teenage pregnancy and out-of-wedlock births and promote male responsibility. TOTAL STATE FUNDS $2,950,573 $2,950,573 $2,950,573 State General Funds $2,950,573 $2,950,573 $2,950,573 TOTAL FEDERAL FUNDS $9,807,473 $9,807,473 $9,807,473 $3,000,000 $1,378,553,578 $35,033,479 $1,469,209,189 $54,506,907 $74,410,706 $12,840,422 $17,185,183 $628,575,338 $74,236,044 $18,970,241 $17,348,033 $97,502,564 $52,280,546 $5,258,723 $55,370,733 $354,728,378 $5,995,371 $185,988,861 $20,000,000 $165,988,861 $6,030,541 $3,077,815,648 $2,950,573 $2,950,573 $9,807,473 WEDNESDAY, MARCH 8, 2006 2255 Maternal & Child Health Services Block Grant CFDA93.994 $1,043,468 $1,043,468 $1,043,468 $1,043,468 Medical Assistance Program CFDA93.778 $25,631 $25,631 $25,631 $25,631 Temporary Assistance for Needy Families $8,738,374 $8,738,374 $8,738,374 $8,738,374 Temporary Assistance for Needy Families Block Grant $8,738,374 $8,738,374 $8,738,374 $8,738,374 CFDA 93.558 TOTAL PUBLIC FUNDS $12,758,046 $12,758,046 $12,758,046 $12,758,046 187. Adolescent Health and Youth Development Appropriation (HB1026) The purpose is to prevent teenage pregnancy and out-of-wedlock births and promote male responsibility. TOTAL STATE FUNDS $2,950,573 $2,950,573 $2,950,573 $2,950,573 State General Funds $2,950,573 $2,950,573 $2,950,573 $2,950,573 TOTAL FEDERAL FUNDS $9,807,473 $9,807,473 $9,807,473 $9,807,473 Maternal & Child Health Services Block Grant CFDA93.994 $1,043,468 $1,043,468 $1,043,468 $1,043,468 Medical Assistance Program CFDA93.778 $25,631 $25,631 $25,631 $25,631 Temporary Assistance for Needy Families $8,738,374 $8,738,374 $8,738,374 $8,738,374 Temporary Assistance for Needy Families Block Grant $8,738,374 $8,738,374 $8,738,374 $8,738,374 CFDA 93.558 TOTAL PUBLIC FUNDS $12,758,046 $12,758,046 $12,758,046 $12,758,046 Adoption Services and Supplements Continuation Budget 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 STATE FUNDS $27,839,182 $27,839,182 $27,839,182 $27,839,182 State General Funds $27,839,182 $27,839,182 $27,839,182 $27,839,182 TOTAL FEDERAL FUNDS $25,557,784 $25,557,784 $25,557,784 $25,557,784 Federal Funds Not Itemized $21,257,784 $21,257,784 $21,257,784 $21,257,784 Temporary Assistance for Needy Families $4,300,000 $4,300,000 $4,300,000 $4,300,000 Temporary Assistance for Needy Families Block Grant $4,300,000 $4,300,000 $4,300,000 $4,300,000 CFDA 93.558 TOTAL AGENCY FUNDS $561,732 $561,732 $561,732 $561,732 Sales and Services $561,732 $561,732 $561,732 $561,732 Sales and Services Not Itemized $561,732 $561,732 $561,732 $561,732 TOTAL PUBLIC FUNDS $53,958,698 $53,958,698 $53,958,698 $53,958,698 2256 JOURNAL OF THE HOUSE Changes in How the Program is Funded 188.1 Supplant Medicaid Patient Pay Agency funds with federal funds. Federal Funds Not Itemized $561,732 $561,732 $561,732 $561,732 Sales and Services Not Itemized ($561,732) ($561,732) ($561,732) ($561,732) TOTAL PUBLIC FUNDS $0 $0 $0 $0 Changes in the Size of the Program 188.2 Add funds to cover increases in the number of adoptions by Title-IV E ineligible Families. Temporary Assistance for Needy Families Block Grant CFDA $1,000,000 $1,000,000 93.558 188. Adoption Services and Supplements Appropriation (HB1026) 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 STATE FUNDS $27,839,182 $27,839,182 $27,839,182 $27,839,182 State General Funds $27,839,182 $27,839,182 $27,839,182 $27,839,182 TOTAL FEDERAL FUNDS $26,119,516 $26,119,516 $27,119,516 $27,119,516 Federal Funds Not Itemized $21,819,516 $21,819,516 $21,819,516 $21,819,516 Temporary Assistance for Needy Families $4,300,000 $4,300,000 $5,300,000 $5,300,000 Temporary Assistance for Needy Families Block Grant $4,300,000 $4,300,000 $5,300,000 $5,300,000 CFDA 93.558 TOTAL PUBLIC FUNDS $53,958,698 $53,958,698 $54,958,698 $54,958,698 Adult Protective Services Continuation Budget 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 STATE FUNDS $8,166,693 $8,166,693 $8,166,693 $8,166,693 State General Funds $8,166,693 $8,166,693 $8,166,693 $8,166,693 TOTAL FEDERAL FUNDS $6,432,602 $6,432,602 $6,432,602 $6,432,602 Medical Assistance Program CFDA93.778 $4,178,063 $4,178,063 $4,178,063 $4,178,063 Social Services Block Grant CFDA 93.667 $2,254,539 $2,254,539 $2,254,539 $2,254,539 TOTAL PUBLIC FUNDS $14,599,295 $14,599,295 $14,599,295 $14,599,295 WEDNESDAY, MARCH 8, 2006 2257 Changes in Operations / Administration 189.1 Transfer funds to the Child Protective Services program to correctly reflect the amount of Targeted Case Management funds. Medical Assistance Program CFDA93.778 ($2,507,000) ($2,507,000) ($2,507,000) ($2,507,000) 189.2 Transfer to the Administration program to provide for appropriate segregation of duties for guardianship activities. State General Funds ($250,000) ($250,000) ($250,000) ($250,000) 189.3 Transfer funds from the Child Protective Services program. State General Funds $2,507,000 $2,507,000 $2,507,000 $2,507,000 189. Adult Protective Services Appropriation (HB1026) 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 STATE FUNDS $10,423,693 $10,423,693 $10,423,693 $10,423,693 State General Funds $10,423,693 $10,423,693 $10,423,693 $10,423,693 TOTAL FEDERAL FUNDS $3,925,602 $3,925,602 $3,925,602 $3,925,602 Medical Assistance Program CFDA93.778 $1,671,063 $1,671,063 $1,671,063 $1,671,063 Social Services Block Grant CFDA 93.667 $2,254,539 $2,254,539 $2,254,539 $2,254,539 TOTAL PUBLIC FUNDS $14,349,295 $14,349,295 $14,349,295 $14,349,295 Cancer Screening and Prevention Continuation Budget The purpose is to reduce the morbidity and mortality from breast or cervical cancer. TOTAL STATE FUNDS $6,261,931 $6,261,931 $6,261,931 $6,261,931 State General Funds $3,536,818 $3,536,818 $3,536,818 $3,536,818 Tobacco Settlement Funds $2,725,113 $2,725,113 $2,725,113 $2,725,113 TOTAL PUBLIC FUNDS $6,261,931 $6,261,931 $6,261,931 $6,261,931 Changes in How the Program is Funded 190.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Federal Funds Not Itemized $976,317 $976,317 190. Cancer Screening and Prevention Appropriation (HB1026) The purpose is to reduce the morbidity and mortality from breast or cervical cancer. TOTAL STATE FUNDS $6,261,931 $6,261,931 $6,261,931 $6,261,931 2258 JOURNAL OF THE HOUSE State General Funds $3,536,818 $3,536,818 $3,536,818 $3,536,818 Tobacco Settlement Funds $2,725,113 $2,725,113 $2,725,113 $2,725,113 TOTAL FEDERAL FUNDS $976,317 $976,317 Federal Funds Not Itemized $976,317 $976,317 TOTAL PUBLIC FUNDS $6,261,931 $6,261,931 $7,238,248 $7,238,248 Child Care and Parent Services Continuation Budget 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 STATE FUNDS $61,805,665 $61,805,665 $61,805,665 $61,805,665 State General Funds $61,805,665 $61,805,665 $61,805,665 $61,805,665 TOTAL FEDERAL FUNDS $124,387,121 $124,387,121 $124,387,121 $124,387,121 Child Care & Development Block Grant CFDA93.575 $52,106,949 $52,106,949 $52,106,949 $52,106,949 CCDF Mandatory & Matching Funds CFDA93.596 $32,580,082 $32,580,082 $32,580,082 $32,580,082 Social Services Block Grant CFDA 93.667 $90 $90 $90 $90 Temporary Assistance for Needy Families $39,700,000 $39,700,000 $39,700,000 $39,700,000 Temporary Assistance for Needy Families Block Grant $10,000,000 $10,000,000 $10,000,000 $10,000,000 CFDA 93.558 TANF Transfers to Child Care Development Fund $29,700,000 $29,700,000 $29,700,000 $29,700,000 TOTAL AGENCY FUNDS $832,728 $832,728 $832,728 $832,728 Sales and Services $832,728 $832,728 $832,728 $832,728 Sales and Services Not Itemized $832,728 $832,728 $832,728 $832,728 TOTAL PUBLIC FUNDS $187,025,514 $187,025,514 $187,025,514 $187,025,514 Changes in Operations / Administration 191.1 Transfer funds for After School Care Expansion activities to Support for Needy Families-Administration and Family Assistance. State General Funds ($4,000,000) ($4,000,000) $0 $0 Temporary Assistance for Needy Families Block Grant CFDA ($10,000,000) ($10,000,000) $0 $0 93.558 TOTAL PUBLIC FUNDS ($14,000,000) ($14,000,000) $0 $0 Changes in How the Program is Funded 191.2 Supplant Medicaid Patient Pay Agency funds with federal funds. WEDNESDAY, MARCH 8, 2006 2259 Child Care & Development Block Grant CFDA93.575 $832,728 $832,728 $832,728 $832,728 Sales and Services Not Itemized ($832,728) ($832,728) ($832,728) ($832,728) TOTAL PUBLIC FUNDS $0 $0 $0 $0 191.3 Supplant funds. Federal Funds Not Itemized $0 $0 $29,700,000 $29,700,000 TANF Transfers to Child Care Development Fund ($29,700,000) ($29,700,000) TOTAL PUBLIC FUNDS $0 $0 191. Child Care and Parent Services Appropriation (HB1026) 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 STATE FUNDS $57,805,665 $57,805,665 $61,805,665 $61,805,665 State General Funds $57,805,665 $57,805,665 $61,805,665 $61,805,665 TOTAL FEDERAL FUNDS $115,219,849 $115,219,849 $125,219,849 $125,219,849 Child Care & Development Block Grant CFDA93.575 $52,939,677 $52,939,677 $52,939,677 $52,939,677 CCDF Mandatory & Matching Funds CFDA93.596 $32,580,082 $32,580,082 $32,580,082 $32,580,082 Federal Funds Not Itemized $29,700,000 $29,700,000 Social Services Block Grant CFDA 93.667 $90 $90 $90 $90 Temporary Assistance for Needy Families $29,700,000 $29,700,000 $10,000,000 $10,000,000 Temporary Assistance for Needy Families Block Grant $10,000,000 $10,000,000 CFDA 93.558 TANF Transfers to Child Care Development Fund $29,700,000 $29,700,000 TOTAL PUBLIC FUNDS $173,025,514 $173,025,514 $187,025,514 $187,025,514 Child Fatality Review Panel Continuation Budget 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 STATE FUNDS $334,562 $334,562 $334,562 $334,562 State General Funds $334,562 $334,562 $334,562 $334,562 TOTAL PUBLIC FUNDS $334,562 $334,562 $334,562 $334,562 Statewide Changes 192.1 WC, GTA, and GBA State General Funds $249 $249 $249 $249 2260 JOURNAL OF THE HOUSE 192. Child Fatality Review Panel Appropriation (HB1026) 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 STATE FUNDS $334,811 $334,811 $334,811 $334,811 State General Funds $334,811 $334,811 $334,811 $334,811 TOTAL PUBLIC FUNDS $334,811 $334,811 $334,811 $334,811 Child Protective Services Continuation Budget 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 STATE FUNDS $60,124,883 $60,124,883 $60,124,883 $60,124,883 State General Funds $58,055,835 $58,055,835 $58,055,835 $58,055,835 Tobacco Settlement Funds $2,069,048 $2,069,048 $2,069,048 $2,069,048 TOTAL FEDERAL FUNDS $156,710,324 $156,710,324 $156,710,324 $156,710,324 CCDF Mandatory & Matching Funds CFDA93.596 $41,829,844 $41,829,844 $41,829,844 $41,829,844 Federal Funds Not Itemized $25,645,690 $25,645,690 $25,645,690 $25,645,690 Foster Care Title IV-E CFDA93.658 $13,431,881 $13,431,881 $13,431,881 $13,431,881 Social Services Block Grant CFDA 93.667 $5,018,743 $5,018,743 $5,018,743 $5,018,743 Temporary Assistance for Needy Families $70,784,166 $70,784,166 $70,784,166 $70,784,166 Temporary Assistance for Needy Families Block Grant $50,669,658 $50,669,658 $50,669,658 $50,669,658 CFDA 93.558 TANF Transfers to Social Services Block Grant $20,114,508 $20,114,508 $20,114,508 $20,114,508 TOTAL AGENCY FUNDS $13,490,604 $13,490,604 $13,490,604 $13,490,604 Sales and Services $13,490,604 $13,490,604 $13,490,604 $13,490,604 Sales and Services Not Itemized $13,490,604 $13,490,604 $13,490,604 $13,490,604 TOTAL PUBLIC FUNDS $230,325,811 $230,325,811 $230,325,811 $230,325,811 Changes in Operations / Administration 193.1 Transfer funds from the Adult Protective Services program to correctly reflect the amount of Targeted Case Management funds. Medical Assistance Program CFDA93.778 $2,507,000 $2,507,000 $2,507,000 $2,507,000 193.2 Adjust the cost of 500 Child Protective Services caseworkers added in the FY2006 General Budget to account for an earlier start date. WEDNESDAY, MARCH 8, 2006 2261 State General Funds $4,437,525 $4,437,525 $4,437,525 $4,437,525 Foster Care Title IV-E CFDA93.658 $4,951,975 $4,951,975 $4,951,975 $4,951,975 TOTAL PUBLIC FUNDS $9,389,500 $9,389,500 $9,389,500 $9,389,500 193.3 Transfer funds to the Adult Protective Services program. State General Funds ($2,507,000) ($2,507,000) ($2,507,000) ($2,507,000) Changes in How the Program is Funded 193.4 Transfer federal funds from the Out of Home Care program for child protective services investigations. Social Services Block Grant CFDA 93.667 $3,600,000 $3,600,000 $3,600,000 $3,600,000 193.5 Supplant Medicaid Patient Pay Agency funds with federal funds. Federal Funds Not Itemized $13,490,604 $13,490,604 $13,490,604 $13,490,604 Sales and Services Not Itemized ($13,490,604) ($13,490,604) ($13,490,604) ($13,490,604) TOTAL PUBLIC FUNDS $0 $0 $0 $0 Changes in the Size of the Program 193.6 Increase Grants to Counties funding to SFY 2005 levels. Temporary Assistance for Needy Families Block Grant CFDA $3,700,000 $3,700,000 93.558 193.7 Add funds to support intake activities for non-Title IV-E eligible children. Temporary Assistance for Needy Families Block Grant CFDA $500,000 $500,000 93.558 193. Child Protective Services Appropriation (HB1026) 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 STATE FUNDS $62,055,408 $62,055,408 $62,055,408 $62,055,408 State General Funds $59,986,360 $59,986,360 $59,986,360 $59,986,360 Tobacco Settlement Funds $2,069,048 $2,069,048 $2,069,048 $2,069,048 TOTAL FEDERAL FUNDS $181,259,903 $181,259,903 $185,459,903 $185,459,903 CCDF Mandatory & Matching Funds CFDA93.596 $41,829,844 $41,829,844 $41,829,844 $41,829,844 Federal Funds Not Itemized $39,136,294 $39,136,294 $39,136,294 $39,136,294 Foster Care Title IV-E CFDA93.658 $18,383,856 $18,383,856 $18,383,856 $18,383,856 Medical Assistance Program CFDA93.778 $2,507,000 $2,507,000 $2,507,000 $2,507,000 Social Services Block Grant CFDA 93.667 $8,618,743 $8,618,743 $8,618,743 $8,618,743 2262 JOURNAL OF THE HOUSE Temporary Assistance for Needy Families $70,784,166 $70,784,166 $74,984,166 $74,984,166 Temporary Assistance for Needy Families Block Grant $50,669,658 $50,669,658 $54,869,658 $54,869,658 CFDA 93.558 TANF Transfers to Social Services Block Grant $20,114,508 $20,114,508 $20,114,508 $20,114,508 TOTAL PUBLIC FUNDS $243,315,311 $243,315,311 $247,515,311 $247,515,311 Child Support Establishment Collection and Enforcement Continuation Budget The purpose is to enforce parental responsibility by paying financial support. TOTAL STATE FUNDS $15,508,672 $15,508,672 $15,508,672 $15,508,672 State General Funds $15,508,672 $15,508,672 $15,508,672 $15,508,672 TOTAL FEDERAL FUNDS $52,008,171 $52,008,171 $52,008,171 $52,008,171 Federal Funds Not Itemized $51,888,171 $51,888,171 $51,888,171 $51,888,171 Social Services Block Grant CFDA 93.667 $120,000 $120,000 $120,000 $120,000 TOTAL AGENCY FUNDS $300,000 $300,000 $300,000 $300,000 Sales and Services $300,000 $300,000 $300,000 $300,000 Sales and Services Not Itemized $300,000 $300,000 $300,000 $300,000 TOTAL PUBLIC FUNDS $67,816,843 $67,816,843 $67,816,843 $67,816,843 194. Child Support Establishment Collection and Appropriation (HB1026) The purpose is to enforce parental responsibility by paying financial support. TOTAL STATE FUNDS $15,508,672 $15,508,672 $15,508,672 $15,508,672 State General Funds $15,508,672 $15,508,672 $15,508,672 $15,508,672 TOTAL FEDERAL FUNDS $52,008,171 $52,008,171 $52,008,171 $52,008,171 Federal Funds Not Itemized $51,888,171 $51,888,171 $51,888,171 $51,888,171 Social Services Block Grant CFDA 93.667 $120,000 $120,000 $120,000 $120,000 TOTAL AGENCY FUNDS $300,000 $300,000 $300,000 $300,000 Sales and Services $300,000 $300,000 $300,000 $300,000 Sales and Services Not Itemized $300,000 $300,000 $300,000 $300,000 TOTAL PUBLIC FUNDS $67,816,843 $67,816,843 $67,816,843 $67,816,843 Children with Special Needs Continuation Budget The purpose is to promote the optimal functioning of infants and toddlers with developmental delays or disabilities. TOTAL STATE FUNDS $21,243,613 $21,243,613 $21,243,613 $21,243,613 State General Funds $21,243,613 $21,243,613 $21,243,613 $21,243,613 WEDNESDAY, MARCH 8, 2006 2263 TOTAL FEDERAL FUNDS $10,079,911 $10,079,911 $10,079,911 $10,079,911 Federal Funds Not Itemized $2,714,398 $2,714,398 $2,714,398 $2,714,398 Maternal & Child Health Services Block Grant CFDA93.994 $7,292,025 $7,292,025 $7,292,025 $7,292,025 Medical Assistance Program CFDA93.778 $19,308 $19,308 $19,308 $19,308 Preventive Health & Health Services Block Grant $54,180 $54,180 $54,180 $54,180 TOTAL PUBLIC FUNDS $31,323,524 $31,323,524 $31,323,524 $31,323,524 Statewide Changes 195.1 WC, GTA, and GBA State General Funds $27,557 $27,557 $27,557 $27,557 Changes in How the Program is Funded 195.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Federal Funds Not Itemized $637,019 $637,019 195. Children with Special Needs Appropriation (HB1026) The purpose is to promote the optimal functioning of infants and toddlers with developmental delays or disabilities. TOTAL STATE FUNDS $21,271,170 $21,271,170 $21,271,170 $21,271,170 State General Funds $21,271,170 $21,271,170 $21,271,170 $21,271,170 TOTAL FEDERAL FUNDS $10,079,911 $10,079,911 $10,716,930 $10,716,930 Federal Funds Not Itemized $2,714,398 $2,714,398 $3,351,417 $3,351,417 Maternal & Child Health Services Block Grant CFDA93.994 $7,292,025 $7,292,025 $7,292,025 $7,292,025 Medical Assistance Program CFDA93.778 $19,308 $19,308 $19,308 $19,308 Preventive Health & Health Services Block Grant $54,180 $54,180 $54,180 $54,180 CFDA93.991 TOTAL PUBLIC FUNDS $31,351,081 $31,351,081 $31,988,100 $31,988,100 Chronic Disease Reduction - Health Promotion Continuation Budget The purpose is to provide education and health promotion related to chronic diseases. TOTAL STATE FUNDS $1,694,590 $1,694,590 $1,694,590 $1,694,590 State General Funds $353,946 $353,946 $353,946 $353,946 Tobacco Settlement Funds $1,340,644 $1,340,644 $1,340,644 $1,340,644 TOTAL PUBLIC FUNDS $1,694,590 $1,694,590 $1,694,590 $1,694,590 2264 JOURNAL OF THE HOUSE Statewide Changes 196.1 WC, GTA, and GBA State General Funds $103,589 $103,589 $103,589 $103,589 196. Chronic Disease Reduction - Health Promotion Appropriation (HB1026) The purpose is to provide education and health promotion related to chronic diseases. TOTAL STATE FUNDS $1,798,179 $1,798,179 $1,798,179 $1,798,179 State General Funds $457,535 $457,535 $457,535 $457,535 Tobacco Settlement Funds $1,340,644 $1,340,644 $1,340,644 $1,340,644 TOTAL PUBLIC FUNDS $1,798,179 $1,798,179 $1,798,179 $1,798,179 Chronic Disease Treatment and Control Continuation Budget The purpose is to reduce the morbidity and mortality of cancer among low-income uninsured or underinsured Georgians. TOTAL STATE FUNDS $8,112,612 $8,112,612 $8,112,612 $8,112,612 State General Funds $4,565,157 $4,565,157 $4,565,157 $4,565,157 Tobacco Settlement Funds $3,547,455 $3,547,455 $3,547,455 $3,547,455 TOTAL FEDERAL FUNDS $1,210,877 $1,210,877 $1,210,877 $1,210,877 Preventive Health & Health Services Block Grant $1,210,877 $1,210,877 $1,210,877 $1,210,877 TOTAL PUBLIC FUNDS $9,323,489 $9,323,489 $9,323,489 $9,323,489 One-Time Expense 197.1 Provide funding for Hemophilia of Georgia to purchase factor concentrate for uninsured Georgians with hemophilia. State General Funds $438,416 $438,416 197. Chronic Disease Treatment and Control Appropriation (HB1026) The purpose is to reduce the morbidity and mortality of cancer among low-income uninsured or underinsured Georgians. TOTAL STATE FUNDS $8,112,612 $8,112,612 $8,551,028 $8,551,028 State General Funds $4,565,157 $4,565,157 $5,003,573 $5,003,573 Tobacco Settlement Funds $3,547,455 $3,547,455 $3,547,455 $3,547,455 TOTAL FEDERAL FUNDS $1,210,877 $1,210,877 $1,210,877 $1,210,877 Preventive Health & Health Services Block Grant $1,210,877 $1,210,877 $1,210,877 $1,210,877 CFDA93.991 TOTAL PUBLIC FUNDS $9,323,489 $9,323,489 $9,761,905 $9,761,905 Community Care Services Program Continuation Budget WEDNESDAY, MARCH 8, 2006 2265 The purpose is to provide Georgians who need nursing home level of care the option of remaining in their own communities. TOTAL STATE FUNDS $50,458,653 $50,458,653 $50,458,653 $50,458,653 State General Funds $46,266,847 $46,266,847 $46,266,847 $46,266,847 Tobacco Settlement Funds $4,191,806 $4,191,806 $4,191,806 $4,191,806 TOTAL FEDERAL FUNDS $9,894,353 $9,894,353 $9,894,353 $9,894,353 Medical Assistance Program CFDA93.778 $9,894,353 $9,894,353 $9,894,353 $9,894,353 TOTAL PUBLIC FUNDS $60,353,006 $60,353,006 $60,353,006 $60,353,006 198. Community Care Services Program Appropriation (HB1026) The purpose is to provide Georgians who need nursing home level of care the option of remaining in their own communities. TOTAL STATE FUNDS $50,458,653 $50,458,653 $50,458,653 $50,458,653 State General Funds $46,266,847 $46,266,847 $46,266,847 $46,266,847 Tobacco Settlement Funds $4,191,806 $4,191,806 $4,191,806 $4,191,806 TOTAL FEDERAL FUNDS $9,894,353 $9,894,353 $9,894,353 $9,894,353 Medical Assistance Program CFDA93.778 $9,894,353 $9,894,353 $9,894,353 $9,894,353 TOTAL PUBLIC FUNDS $60,353,006 $60,353,006 $60,353,006 $60,353,006 Community Services - Adult Continuation Budget 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 STATE FUNDS $317,453,030 $317,453,030 $317,453,030 $317,453,030 State General Funds $307,197,892 $307,197,892 $307,197,892 $307,197,892 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $112,804,851 $112,804,851 $112,804,851 $112,804,851 Community Mental Health Services Block Grant $7,474,598 $7,474,598 $7,474,598 $7,474,598 Medical Assistance Program CFDA93.778 $17,873,979 $17,873,979 $17,873,979 $17,873,979 Prevention & Treatment of Substance Abuse Block Grant $26,315,435 $26,315,435 $26,315,435 $26,315,435 CFDA93.959 Social Services Block Grant CFDA 93.667 $30,636,459 $30,636,459 $30,636,459 $30,636,459 Temporary Assistance for Needy Families $30,504,380 $30,504,380 $30,504,380 $30,504,380 Temporary Assistance for Needy Families Block Grant $27,016,392 $27,016,392 $27,016,392 $27,016,392 2266 JOURNAL OF THE HOUSE CFDA 93.558 TANF Transfers to Social Services Block Grant $3,487,988 $3,487,988 $3,487,988 $3,487,988 TOTAL PUBLIC FUNDS $430,257,881 $430,257,881 $430,257,881 $430,257,881 Statewide Changes 199.1 WC, GTA, and GBA State General Funds $467,193 $467,193 $467,193 $467,193 Changes in Operations / Administration 199.2 Transfer funds to the Department of Community Health Low Income Medicaid program to implement Georgia Healthy Families which serves Medicaid clients who receive mental health services. (CC:Recognize delayed implementation) State General Funds ($2,025,041) ($2,025,041) ($2,025,041) ($675,014) 199.4 Reflect savings from a delayed start date for MR/DD provider rate increases. State General Funds ($222,213) ($222,213) ($222,213) Medical Assistance Program CFDA93.778 ($184,553) ($184,553) ($184,553) TOTAL PUBLIC FUNDS ($406,766) ($406,766) ($406,766) Changes in the Size of the Program 199.3 Adjust funding for 925 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting List added in the FY2006 General budget to account for an earlier implementation date. State General Funds $2,720,005 $2,720,005 $2,720,005 $2,720,005 Medical Assistance Program CFDA93.778 $4,158,695 $4,158,695 $4,158,695 $4,158,695 TOTAL PUBLIC FUNDS $6,878,700 $6,878,700 $6,878,700 $6,878,700 199.5 Transfer to the Community Services- Child and Adolescent program to serve children. TANF Transfers to Social Services Block Grant ($3,487,988) ($3,487,988) 199. Community Services - Adult Appropriation (HB1026) 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 STATE FUNDS $318,615,187 $318,392,974 $318,392,974 $319,743,001 State General Funds $308,360,049 $308,137,836 $308,137,836 $309,487,863 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $116,963,546 $116,778,993 $113,291,005 $113,291,005 Community Mental Health Services Block Grant $7,474,598 $7,474,598 $7,474,598 $7,474,598 WEDNESDAY, MARCH 8, 2006 2267 Medical Assistance Program CFDA93.778 $22,032,674 $21,848,121 $21,848,121 $21,848,121 Prevention & Treatment of Substance Abuse Block Grant $26,315,435 $26,315,435 $26,315,435 $26,315,435 CFDA93.959 Social Services Block Grant CFDA 93.667 $30,636,459 $30,636,459 $30,636,459 $30,636,459 Temporary Assistance for Needy Families $30,504,380 $30,504,380 $27,016,392 $27,016,392 Temporary Assistance for Needy Families Block Grant $27,016,392 $27,016,392 $27,016,392 $27,016,392 CFDA 93.558 TANF Transfers to Social Services Block Grant $3,487,988 $3,487,988 TOTAL PUBLIC FUNDS $435,578,733 $435,171,967 $431,683,979 $433,034,006 Community Services - Child and Adolescent Continuation Budget 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 STATE FUNDS $78,712,046 $78,712,046 $78,712,046 $78,712,046 State General Funds $78,712,046 $78,712,046 $78,712,046 $78,712,046 TOTAL FEDERAL FUNDS $22,950,333 $22,950,333 $22,950,333 $22,950,333 Community Mental Health Services Block Grant $5,365,824 $5,365,824 $5,365,824 $5,365,824 Medical Assistance Program CFDA93.778 $3,131,597 $3,131,597 $3,131,597 $3,131,597 Prevention & Treatment of Substance Abuse Block Grant $14,452,912 $14,452,912 $14,452,912 $14,452,912 CFDA93.959 TOTAL PUBLIC FUNDS $101,662,379 $101,662,379 $101,662,379 $101,662,379 Statewide Changes 200.1 WC, GTA, and GBA State General Funds $119,707 $119,707 $119,707 $119,707 Changes in Operations / Administration 200.3 Reflect savings from a delayed start date for MR/DD provider rate increases. State General Funds ($45,513) ($45,513) ($45,513) Medical Assistance Program CFDA93.778 ($7,713) ($7,713) ($7,713) TOTAL PUBLIC FUNDS ($53,226) ($53,226) ($53,226) 2268 JOURNAL OF THE HOUSE Changes in How the Program is Funded 200.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Federal Funds Not Itemized $2,486,456 $2,486,456 TOTAL PUBLIC FUNDS $2,486,456 $2,486,456 Changes in the Size of the Program 200.2 Adjust funding for 925 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting List added in the FY2006 General budget to account for an earlier implementation date. State General Funds $564,592 $564,592 $564,592 $564,592 Medical Assistance Program CFDA93.778 $859,531 $859,531 $859,531 $859,531 TOTAL PUBLIC FUNDS $1,424,123 $1,424,123 $1,424,123 $1,424,123 200.5 Transfer from Community Services-Adult to serve children in community settings. Temporary Assistance for Needy Families Block Grant CFDA $3,487,988 $0 93.558 TANF Transfers to Social Services Block Grant $3,487,988 TOTAL PUBLIC FUNDS $3,487,988 200. Community Services - Child and Adolescent Appropriation (HB1026) 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 STATE FUNDS $79,396,345 $79,350,832 $79,350,832 $79,350,832 State General Funds $79,396,345 $79,350,832 $79,350,832 $79,350,832 TOTAL FEDERAL FUNDS $23,809,864 $23,802,151 $29,776,595 $29,776,595 Community Mental Health Services Block Grant $5,365,824 $5,365,824 $5,365,824 $5,365,824 Federal Funds Not Itemized $2,486,456 $2,486,456 Medical Assistance Program CFDA93.778 $3,991,128 $3,983,415 $3,983,415 $3,983,415 Prevention & Treatment of Substance Abuse Block Grant $14,452,912 $14,452,912 $14,452,912 $14,452,912 CFDA93.959 Temporary Assistance for Needy Families $3,487,988 $3,487,988 Temporary Assistance for Needy Families Block Grant $3,487,988 CFDA 93.558 WEDNESDAY, MARCH 8, 2006 2269 TANF Transfers to Social Services Block Grant $3,487,988 TOTAL PUBLIC FUNDS $103,206,209 $103,152,983 $109,127,427 $109,127,427 Contracted Client Transportation Services Continuation Budget The purpose is to provide essential transportation services in a safe, efficient and responsive manner. TOTAL STATE FUNDS $4,172,324 $4,172,324 $4,172,324 $4,172,324 State General Funds $4,172,324 $4,172,324 $4,172,324 $4,172,324 TOTAL FEDERAL FUNDS $24,898,482 $24,898,482 $24,898,482 $24,898,482 Federal Funds Not Itemized $6,744,243 $6,744,243 $6,744,243 $6,744,243 Social Services Block Grant CFDA 93.667 $9,687,026 $9,687,026 $9,687,026 $9,687,026 Temporary Assistance for Needy Families $8,467,213 $8,467,213 $8,467,213 $8,467,213 Temporary Assistance for Needy Families Block Grant $8,467,213 $8,467,213 $8,467,213 $8,467,213 CFDA 93.558 TOTAL PUBLIC FUNDS $29,070,806 $29,070,806 $29,070,806 $29,070,806 Changes in How the Program is Funded 201.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Sales and Services Not Itemized $3,264,236 $3,264,236 201. Contracted Client Transportation Services Appropriation (HB1026) The purpose is to provide essential transportation services in a safe, efficient and responsive manner. TOTAL STATE FUNDS $4,172,324 $4,172,324 $4,172,324 $4,172,324 State General Funds $4,172,324 $4,172,324 $4,172,324 $4,172,324 TOTAL FEDERAL FUNDS $24,898,482 $24,898,482 $24,898,482 $24,898,482 Federal Funds Not Itemized $6,744,243 $6,744,243 $6,744,243 $6,744,243 Social Services Block Grant CFDA 93.667 $9,687,026 $9,687,026 $9,687,026 $9,687,026 Temporary Assistance for Needy Families $8,467,213 $8,467,213 $8,467,213 $8,467,213 Temporary Assistance for Needy Families Block Grant $8,467,213 $8,467,213 $8,467,213 $8,467,213 CFDA 93.558 TOTAL AGENCY FUNDS $3,264,236 $3,264,236 Sales and Services $3,264,236 $3,264,236 Sales and Services Not Itemized $3,264,236 $3,264,236 TOTAL PUBLIC FUNDS $29,070,806 $29,070,806 $32,335,042 $32,335,042 2270 JOURNAL OF THE HOUSE Departmental Administration Continuation Budget The purpose is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS $84,985,533 $84,985,533 $84,985,533 $84,985,533 State General Funds $84,654,193 $84,654,193 $84,654,193 $84,654,193 Tobacco Settlement Funds $331,340 $331,340 $331,340 $331,340 TOTAL FEDERAL FUNDS $78,206,511 $78,206,511 $78,206,511 $78,206,511 Federal Funds Not Itemized $2 $2 $2 $2 Low-Income Home Energy Assistance CFDA93.568 $346,557 $346,557 $346,557 $346,557 Medical Assistance Program CFDA93.778 $67,960,097 $67,960,097 $67,960,097 $67,960,097 Preventive Health & Health Services Block Grant $31,070 $31,070 $31,070 $31,070 Social Services Block Grant CFDA 93.667 $265,446 $265,446 $265,446 $265,446 Temporary Assistance for Needy Families $9,603,339 $9,603,339 $9,603,339 $9,603,339 Temporary Assistance for Needy Families Block Grant $9,603,339 $9,603,339 $9,603,339 $9,603,339 CFDA 93.558 TOTAL AGENCY FUNDS $5,872,044 $5,872,044 $5,872,044 $5,872,044 Sales and Services $5,872,044 $5,872,044 $5,872,044 $5,872,044 Sales and Services Not Itemized $5,872,044 $5,872,044 $5,872,044 $5,872,044 TOTAL PUBLIC FUNDS $169,064,088 $169,064,088 $169,064,088 $169,064,088 Statewide Changes 202.1 WC, GTA, and GBA State General Funds $1,083,150 $1,083,150 $1,083,150 $1,083,150 Foster Care Title IV-E CFDA93.658 $250,000 $250,000 $250,000 $250,000 Medical Assistance Program CFDA93.778 $259,500 $259,500 $259,500 $259,500 TOTAL PUBLIC FUNDS $1,592,650 $1,592,650 $1,592,650 $1,592,650 Changes in Operations / Administration 202.2 Transfer from the Adult Protective Services program to provide for appropriate segregation of duties for guardianship activities. State General Funds $250,000 $250,000 $250,000 $250,000 One-Time Expense 202.3 Provide funding for the implementation of the Statewide Automated Child Welfare Information System. State General Funds $14,000,000 $14,000,000 $14,000,000 $14,000,000 WEDNESDAY, MARCH 8, 2006 2271 Foster Care Title IV-E CFDA93.658 $14,000,000 $14,000,000 $14,000,000 $14,000,000 TOTAL PUBLIC FUNDS $28,000,000 $28,000,000 $28,000,000 $28,000,000 202.8 Transfer funds to cover deficit in state hospitals. State General Funds ($6,000,000) $0 Changes in How the Program is Funded 202.4 Reclassify agency funds as federal funds. Child Care & Development Block Grant CFDA93.575 $1,567,230 $1,567,230 $1,567,230 $1,567,230 Federal Funds Not Itemized $286,180 $286,180 $286,180 $286,180 Foster Care Title IV-E CFDA93.658 $7,722,366 $7,722,366 $7,722,366 $7,722,366 Medical Assistance Program CFDA93.778 ($9,340,335) ($9,340,335) ($9,340,335) ($9,340,335) Social Services Block Grant CFDA 93.667 $2,000 $2,000 $2,000 $2,000 Temporary Assistance for Needy Families Block Grant CFDA $640,309 $640,309 $0 $0 93.558 Sales and Services Not Itemized ($877,750) ($877,750) ($237,441) ($237,441) TOTAL PUBLIC FUNDS $0 $0 $0 $0 202.5 Provide state funds to replace previously contributed county funds for the issuance cost of the Electronic Benefit Transfer card services. State General Funds $2,200,000 $2,200,000 $2,200,000 $2,200,000 Federal Funds Not Itemized $65,633 $65,633 $65,633 $65,633 Medical Assistance Program CFDA93.778 $290,104 $290,104 Temporary Assistance for Needy Families Block Grant CFDA $290,104 $290,104 $0 93.558 Sales and Services Not Itemized $0 $0 $0 $0 TOTAL PUBLIC FUNDS $2,555,737 $2,555,737 $2,555,737 $2,555,737 202.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Federal Funds Not Itemized $43,912,438 $43,912,438 Medical Assistance Program CFDA93.778 ($42,759,465) ($42,759,465) TOTAL PUBLIC FUNDS $1,152,973 $1,152,973 Changes in the Size of the Program 202.7 Adjust administration of the TANF program to SFY 2005 levels. 2272 JOURNAL OF THE HOUSE Social Services Block Grant CFDA 93.667 ($265,446) ($265,446) Temporary Assistance for Needy Families Block Grant CFDA $3,600,000 $3,600,000 93.558 TOTAL PUBLIC FUNDS $3,334,554 $3,334,554 202. Departmental Administration Appropriation (HB1026) The purpose is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS $102,518,683 $102,518,683 $96,518,683 $102,518,683 State General Funds $102,187,343 $102,187,343 $96,187,343 $102,187,343 Tobacco Settlement Funds $331,340 $331,340 $331,340 $331,340 TOTAL FEDERAL FUNDS $93,949,498 $93,949,498 $97,796,716 $97,796,716 Child Care & Development Block Grant CFDA93.575 $1,567,230 $1,567,230 $1,567,230 $1,567,230 Federal Funds Not Itemized $351,815 $351,815 $44,264,253 $44,264,253 Foster Care Title IV-E CFDA93.658 $21,972,366 $21,972,366 $21,972,366 $21,972,366 Low-Income Home Energy Assistance CFDA93.568 $346,557 $346,557 $346,557 $346,557 Medical Assistance Program CFDA93.778 $58,879,262 $58,879,262 $16,409,901 $16,409,901 Preventive Health & Health Services Block Grant $31,070 $31,070 $31,070 $31,070 CFDA93.991 Social Services Block Grant CFDA 93.667 $267,446 $267,446 $2,000 $2,000 Temporary Assistance for Needy Families $10,533,752 $10,533,752 $13,203,339 $13,203,339 Temporary Assistance for Needy Families Block Grant $10,533,752 $10,533,752 $13,203,339 $13,203,339 CFDA 93.558 TOTAL AGENCY FUNDS $4,994,294 $4,994,294 $5,634,603 $5,634,603 Sales and Services $4,994,294 $4,994,294 $5,634,603 $5,634,603 Sales and Services Not Itemized $4,994,294 $4,994,294 $5,634,603 $5,634,603 TOTAL PUBLIC FUNDS $201,462,475 $201,462,475 $199,950,002 $205,950,002 Elder Abuse and Fraud Prevention Continuation Budget 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 STATE FUNDS $4,744 $4,744 $4,744 $4,744 State General Funds $4,744 $4,744 $4,744 $4,744 TOTAL FEDERAL FUNDS $95,389 $95,389 $95,389 $95,389 WEDNESDAY, MARCH 8, 2006 2273 Federal Funds Not Itemized $95,389 $95,389 $95,389 $95,389 TOTAL PUBLIC FUNDS $100,133 $100,133 $100,133 $100,133 203. Elder Abuse and Fraud Prevention Appropriation (HB1026) 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 STATE FUNDS $4,744 $4,744 $4,744 $4,744 State General Funds $4,744 $4,744 $4,744 $4,744 TOTAL FEDERAL FUNDS $95,389 $95,389 $95,389 $95,389 Federal Funds Not Itemized $95,389 $95,389 $95,389 $95,389 TOTAL PUBLIC FUNDS $100,133 $100,133 $100,133 $100,133 Emergency Preparedness/Bioterrorism Continuation Budget The purpose is to prevent, detect, investigate, and respond to bioterrorism, terrorism, and other public health emergencies. TOTAL STATE FUNDS $2,566,602 $2,566,602 $2,566,602 $2,566,602 State General Funds $2,566,602 $2,566,602 $2,566,602 $2,566,602 TOTAL PUBLIC FUNDS $2,566,602 $2,566,602 $2,566,602 $2,566,602 Statewide Changes 204.1 WC, GTA, and GBA State General Funds $4,693 $4,693 $4,693 $4,693 Changes in How the Program is Funded 204.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Federal Funds Not Itemized $30,779,504 $30,779,504 TOTAL PUBLIC FUNDS $30,779,504 $30,779,504 204. Emergency Preparedness/Bioterrorism Appropriation (HB1026) The purpose is to prevent, detect, investigate, and respond to bioterrorism, terrorism, and other public health emergencies. TOTAL STATE FUNDS $2,571,295 $2,571,295 $2,571,295 $2,571,295 State General Funds $2,571,295 $2,571,295 $2,571,295 $2,571,295 TOTAL FEDERAL FUNDS $30,779,504 $30,779,504 Federal Funds Not Itemized $30,779,504 $30,779,504 TOTAL PUBLIC FUNDS $2,571,295 $2,571,295 $33,350,799 $33,350,799 2274 JOURNAL OF THE HOUSE Energy Assistance Continuation Budget The purpose is to assist low-income households in meeting their immediate home energy needs. TOTAL STATE FUNDS $747,816 $747,816 $747,816 $747,816 State General Funds $747,816 $747,816 $747,816 $747,816 TOTAL FEDERAL FUNDS $18,583,415 $18,583,415 $18,583,415 $18,583,415 Low-Income Home Energy Assistance CFDA93.568 $18,583,415 $18,583,415 $18,583,415 $18,583,415 TOTAL AGENCY FUNDS $40,269 $40,269 $40,269 $40,269 Sales and Services $40,269 $40,269 $40,269 $40,269 Sales and Services Not Itemized $40,269 $40,269 $40,269 $40,269 TOTAL PUBLIC FUNDS $19,371,500 $19,371,500 $19,371,500 $19,371,500 Changes in How the Program is Funded 205.1 Supplant Medicaid Patient Pay Agency funds with federal funds. Low-Income Home Energy Assistance CFDA93.568 $40,269 $40,269 $40,269 $40,269 Sales and Services Not Itemized ($40,269) ($40,269) ($40,269) ($40,269) TOTAL PUBLIC FUNDS $0 $0 $0 $0 Changes in the Size of the Program 205.2 Provide funds for energy assistance. State General Funds $4,150,000 $4,150,000 $4,150,000 $4,150,000 205. Energy Assistance Appropriation (HB1026) The purpose is to assist low-income households in meeting their immediate home energy needs. TOTAL STATE FUNDS $4,897,816 $4,897,816 $4,897,816 $4,897,816 State General Funds $4,897,816 $4,897,816 $4,897,816 $4,897,816 TOTAL FEDERAL FUNDS $18,623,684 $18,623,684 $18,623,684 $18,623,684 Low-Income Home Energy Assistance CFDA93.568 $18,623,684 $18,623,684 $18,623,684 $18,623,684 TOTAL PUBLIC FUNDS $23,521,500 $23,521,500 $23,521,500 $23,521,500 Epidemiology Continuation Budget The purpose is to monitor, investigate, and describe the burden of disease, injury, and other events of public health concern in Georgia. TOTAL STATE FUNDS $4,705,651 $4,705,651 $4,705,651 $4,705,651 State General Funds $4,590,014 $4,590,014 $4,590,014 $4,590,014 Tobacco Settlement Funds $115,637 $115,637 $115,637 $115,637 WEDNESDAY, MARCH 8, 2006 2275 TOTAL FEDERAL FUNDS $372,341 $372,341 $372,341 $372,341 Federal Funds Not Itemized $15,631 $15,631 $15,631 $15,631 Medical Assistance Program CFDA93.778 $159,960 $159,960 $159,960 $159,960 Preventive Health & Health Services Block Grant $196,750 $196,750 $196,750 $196,750 TOTAL PUBLIC FUNDS $5,077,992 $5,077,992 $5,077,992 $5,077,992 Statewide Changes 206.1 WC, GTA, and GBA State General Funds $2,596 $2,596 $2,596 $2,596 Changes in How the Program is Funded 206.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Federal Funds Not Itemized $2,140,087 $2,140,087 TOTAL PUBLIC FUNDS $2,140,087 $2,140,087 206. Epidemiology Appropriation (HB1026) The purpose is to monitor, investigate, and describe the burden of disease, injury, and other events of public health concern in Georgia. TOTAL STATE FUNDS $4,708,247 $4,708,247 $4,708,247 $4,708,247 State General Funds $4,592,610 $4,592,610 $4,592,610 $4,592,610 Tobacco Settlement Funds $115,637 $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $372,341 $372,341 $2,512,428 $2,512,428 Federal Funds Not Itemized $15,631 $15,631 $2,155,718 $2,155,718 Medical Assistance Program CFDA93.778 $159,960 $159,960 $159,960 $159,960 Preventive Health & Health Services Block Grant $196,750 $196,750 $196,750 $196,750 CFDA93.991 TOTAL PUBLIC FUNDS $5,080,588 $5,080,588 $7,220,675 $7,220,675 Family Connection Continuation Budget The purpose is to provide a statewide network of county collaboratives that work to improve conditions for children and families. TOTAL STATE FUNDS $9,130,281 $9,130,281 $9,130,281 $9,130,281 State General Funds $9,130,281 $9,130,281 $9,130,281 $9,130,281 TOTAL FEDERAL FUNDS $1,475,000 $1,475,000 $1,475,000 $1,475,000 2276 JOURNAL OF THE HOUSE Medical Assistance Program CFDA93.778 $275,000 $275,000 $275,000 $275,000 Temporary Assistance for Needy Families $1,200,000 $1,200,000 $1,200,000 $1,200,000 Temporary Assistance for Needy Families Block Grant $1,200,000 $1,200,000 $1,200,000 $1,200,000 CFDA 93.558 TOTAL PUBLIC FUNDS $10,605,281 $10,605,281 $10,605,281 $10,605,281 207. Family Connection Appropriation (HB1026) The purpose is to provide a statewide network of county collaboratives that work to improve conditions for children and families. TOTAL STATE FUNDS $9,130,281 $9,130,281 $9,130,281 $9,130,281 State General Funds $9,130,281 $9,130,281 $9,130,281 $9,130,281 TOTAL FEDERAL FUNDS $1,475,000 $1,475,000 $1,475,000 $1,475,000 Medical Assistance Program CFDA93.778 $275,000 $275,000 $275,000 $275,000 Temporary Assistance for Needy Families $1,200,000 $1,200,000 $1,200,000 $1,200,000 Temporary Assistance for Needy Families Block Grant $1,200,000 $1,200,000 $1,200,000 $1,200,000 CFDA 93.558 TOTAL PUBLIC FUNDS $10,605,281 $10,605,281 $10,605,281 $10,605,281 Family Violence Services Continuation Budget The purpose is to provide safe shelter and related services for victims of family violence and their dependents. TOTAL STATE FUNDS $4,701,950 $4,701,950 $4,701,950 $4,701,950 State General Funds $4,701,950 $4,701,950 $4,701,950 $4,701,950 TOTAL FEDERAL FUNDS $3,845,813 $3,845,813 $3,845,813 $3,845,813 Federal Funds Not Itemized $122 $122 $122 $122 Foster Care Title IV-E CFDA93.658 $280,447 $280,447 $280,447 $280,447 Temporary Assistance for Needy Families $3,565,244 $3,565,244 $3,565,244 $3,565,244 Temporary Assistance for Needy Families Block Grant $3,565,244 $3,565,244 $3,565,244 $3,565,244 CFDA 93.558 TOTAL AGENCY FUNDS $3,617 $3,617 $3,617 $3,617 Sales and Services $3,617 $3,617 $3,617 $3,617 Sales and Services Not Itemized $3,617 $3,617 $3,617 $3,617 TOTAL PUBLIC FUNDS $8,551,380 $8,551,380 $8,551,380 $8,551,380 WEDNESDAY, MARCH 8, 2006 2277 Changes in Operations / Administration 208.2 Add funds to bring up to SFY 2005 cost levels. Temporary Assistance for Needy Families Block Grant CFDA $1,500,000 93.558 Changes in How the Program is Funded 208.1 Supplant Medicaid Patient Pay Agency funds with federal funds. Federal Funds Not Itemized $284,064 $284,064 $284,064 Foster Care Title IV-E CFDA93.658 ($280,447) ($280,447) ($280,447) Sales and Services Not Itemized ($3,617) ($3,617) ($3,617) TOTAL PUBLIC FUNDS $0 $0 $0 208. Family Violence Services Appropriation (HB1026) The purpose is to provide safe shelter and related services for victims of family violence and their dependents. TOTAL STATE FUNDS $4,701,950 $4,701,950 $4,701,950 State General Funds $4,701,950 $4,701,950 $4,701,950 TOTAL FEDERAL FUNDS $3,849,430 $3,849,430 $5,349,430 Federal Funds Not Itemized $284,186 $284,186 $284,186 Temporary Assistance for Needy Families $3,565,244 $3,565,244 $5,065,244 Temporary Assistance for Needy Families Block Grant $3,565,244 $3,565,244 $5,065,244 CFDA 93.558 TOTAL PUBLIC FUNDS $8,551,380 $8,551,380 $10,051,380 Food Stamp Program Continuation Budget The purpose is to promote the nutritional well being of Georgia's low-income families and children. TOTAL STATE FUNDS $23,551,409 $23,551,409 $23,551,409 State General Funds $23,551,409 $23,551,409 $23,551,409 TOTAL FEDERAL FUNDS $27,568,389 $27,568,389 $27,568,389 Federal Funds Not Itemized $25,663,448 $25,663,448 $25,663,448 Foster Care Title IV-E CFDA93.658 $1,904,941 $1,904,941 $1,904,941 TOTAL AGENCY FUNDS $2,125,153 $2,125,153 $2,125,153 Sales and Services $2,125,153 $2,125,153 $2,125,153 Sales and Services Not Itemized $2,125,153 $2,125,153 $2,125,153 TOTAL PUBLIC FUNDS $53,244,951 $53,244,951 $53,244,951 $1,500,000 $284,064 ($280,447) ($3,617) $0 $4,701,950 $4,701,950 $5,349,430 $284,186 $5,065,244 $5,065,244 $10,051,380 $23,551,409 $23,551,409 $27,568,389 $25,663,448 $1,904,941 $2,125,153 $2,125,153 $2,125,153 $53,244,951 2278 JOURNAL OF THE HOUSE Changes in Operations / Administration 209.1 Transfer federal funds from the Support for Needy Families - Administration and Family Assistance program to reflect direct client services. Federal Funds Not Itemized $8,501,040 $8,501,040 $8,501,040 $8,501,040 One-Time Expense 209.2 Provide funds to replace outdated information technology equipment. State General Funds $112,050 $112,050 $112,050 $112,050 Federal Funds Not Itemized $101,250 $101,250 $101,250 $101,250 TOTAL PUBLIC FUNDS $213,300 $213,300 $213,300 $213,300 Changes in How the Program is Funded 209.3 Supplant Medicaid Patient Pay Agency funds with federal funds. Federal Funds Not Itemized $2,125,153 $2,125,153 $2,125,153 $2,125,153 Sales and Services Not Itemized ($2,125,153) ($2,125,153) ($2,125,153) ($2,125,153) TOTAL PUBLIC FUNDS $0 $0 $0 $0 209. Food Stamp Program Appropriation (HB1026) The purpose is to promote the nutritional well being of Georgia's low-income families and children. TOTAL STATE FUNDS $23,663,459 $23,663,459 $23,663,459 $23,663,459 State General Funds $23,663,459 $23,663,459 $23,663,459 $23,663,459 TOTAL FEDERAL FUNDS $38,295,832 $38,295,832 $38,295,832 $38,295,832 Federal Funds Not Itemized $36,390,891 $36,390,891 $36,390,891 $36,390,891 Foster Care Title IV-E CFDA93.658 $1,904,941 $1,904,941 $1,904,941 $1,904,941 TOTAL PUBLIC FUNDS $61,959,291 $61,959,291 $61,959,291 $61,959,291 Health Promotion and Disease Prevention (Wellness) Continuation Budget The purpose is to improve or maintain the functional ability and health status of elderly Georgians. TOTAL FEDERAL FUNDS $480,015 $480,015 $480,015 $480,015 Federal Funds Not Itemized $480,015 $480,015 $480,015 $480,015 TOTAL PUBLIC FUNDS $480,015 $480,015 $480,015 $480,015 210. Health Promotion and Disease Prevention (Wellness) Appropriation (HB1026) The purpose is to improve or maintain the functional ability and health status of elderly Georgians. TOTAL FEDERAL FUNDS $480,015 $480,015 $480,015 $480,015 Federal Funds Not Itemized $480,015 $480,015 $480,015 $480,015 WEDNESDAY, MARCH 8, 2006 2279 TOTAL PUBLIC FUNDS $480,015 $480,015 $480,015 $480,015 High Risk Pregnant Women and Infants Continuation Budget The purpose is to ensure that low income pregnant women receive comprehensive, quality, prenatal services as early as possible in their pregnancy. TOTAL STATE FUNDS $5,000,049 $5,000,049 $5,000,049 $5,000,049 State General Funds $5,000,049 $5,000,049 $5,000,049 $5,000,049 TOTAL FEDERAL FUNDS $130,000 $130,000 $130,000 $130,000 Maternal & Child Health Services Block Grant CFDA93.994 $130,000 $130,000 $130,000 $130,000 TOTAL PUBLIC FUNDS $5,130,049 $5,130,049 $5,130,049 $5,130,049 211. High Risk Pregnant Women and Infants Appropriation (HB1026) The purpose is to ensure that low income pregnant women receive comprehensive, quality, prenatal services as early as possible in their pregnancy. TOTAL STATE FUNDS $5,000,049 $5,000,049 $5,000,049 $5,000,049 State General Funds $5,000,049 $5,000,049 $5,000,049 $5,000,049 TOTAL FEDERAL FUNDS $130,000 $130,000 $130,000 $130,000 Maternal & Child Health Services Block Grant CFDA93.994 $130,000 $130,000 $130,000 $130,000 TOTAL PUBLIC FUNDS $5,130,049 $5,130,049 $5,130,049 $5,130,049 HIV/AIDS Continuation Budget The purpose is to provide treatment that addresses the unmet needs of Georgians with HIV disease. TOTAL STATE FUNDS $18,002,128 $18,002,128 $18,002,128 $18,002,128 State General Funds $16,775,461 $16,775,461 $16,775,461 $16,775,461 Tobacco Settlement Funds $1,226,667 $1,226,667 $1,226,667 $1,226,667 TOTAL FEDERAL FUNDS $6,879,211 $6,879,211 $6,879,211 $6,879,211 Federal Funds Not Itemized $6,795,345 $6,795,345 $6,795,345 $6,795,345 Maternal & Child Health Services Block Grant CFDA93.994 $83,866 $83,866 $83,866 $83,866 TOTAL PUBLIC FUNDS $24,881,339 $24,881,339 $24,881,339 $24,881,339 Changes in How the Program is Funded 212.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Federal Funds Not Itemized $31,201,915 $31,201,915 TOTAL PUBLIC FUNDS $31,201,915 $31,201,915 2280 JOURNAL OF THE HOUSE 212. HIV/AIDS Appropriation (HB1026) The purpose is to provide treatment that addresses the unmet needs of Georgians with HIV disease. TOTAL STATE FUNDS $18,002,128 $18,002,128 $18,002,128 $18,002,128 State General Funds $16,775,461 $16,775,461 $16,775,461 $16,775,461 Tobacco Settlement Funds $1,226,667 $1,226,667 $1,226,667 $1,226,667 TOTAL FEDERAL FUNDS $6,879,211 $6,879,211 $38,081,126 $38,081,126 Federal Funds Not Itemized $6,795,345 $6,795,345 $37,997,260 $37,997,260 Maternal & Child Health Services Block Grant CFDA93.994 $83,866 $83,866 $83,866 $83,866 TOTAL PUBLIC FUNDS $24,881,339 $24,881,339 $56,083,254 $56,083,254 Home and Community Based Services Continuation Budget The purpose is to support and assist older Georgians so that they may live in their homes and communities. TOTAL STATE FUNDS $23,126,355 $23,126,355 $23,126,355 $23,126,355 State General Funds $19,317,769 $19,317,769 $19,317,769 $19,317,769 Tobacco Settlement Funds $3,808,586 $3,808,586 $3,808,586 $3,808,586 TOTAL FEDERAL FUNDS $29,077,234 $29,077,234 $29,077,234 $29,077,234 Federal Funds Not Itemized $25,290,804 $25,290,804 $25,290,804 $25,290,804 Social Services Block Grant CFDA 93.667 $3,786,430 $3,786,430 $3,786,430 $3,786,430 TOTAL PUBLIC FUNDS $52,203,589 $52,203,589 $52,203,589 $52,203,589 Changes in How the Program is Funded 213.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Federal Funds Not Itemized $56,575 $56,575 213. Home and Community Based Services Appropriation (HB1026) The purpose is to support and assist older Georgians so that they may live in their homes and communities. TOTAL STATE FUNDS $23,126,355 $23,126,355 $23,126,355 $23,126,355 State General Funds $19,317,769 $19,317,769 $19,317,769 $19,317,769 Tobacco Settlement Funds $3,808,586 $3,808,586 $3,808,586 $3,808,586 TOTAL FEDERAL FUNDS $29,077,234 $29,077,234 $29,133,809 $29,133,809 Federal Funds Not Itemized $25,290,804 $25,290,804 $25,347,379 $25,347,379 Social Services Block Grant CFDA 93.667 $3,786,430 $3,786,430 $3,786,430 $3,786,430 TOTAL PUBLIC FUNDS $52,203,589 $52,203,589 $52,260,164 $52,260,164 WEDNESDAY, MARCH 8, 2006 2281 Immunization Continuation Budget The purpose is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $9,022,926 $9,022,926 $9,022,926 $9,022,926 State General Funds $9,022,926 $9,022,926 $9,022,926 $9,022,926 TOTAL FEDERAL FUNDS $8,769,874 $8,769,874 $8,769,874 $8,769,874 Federal Funds Not Itemized $1,303,416 $1,303,416 $1,303,416 $1,303,416 Maternal & Child Health Services Block Grant CFDA93.994 $6,762,746 $6,762,746 $6,762,746 $6,762,746 Preventive Health & Health Services Block Grant $703,712 $703,712 $703,712 $703,712 TOTAL PUBLIC FUNDS $17,792,800 $17,792,800 $17,792,800 $17,792,800 Statewide Changes 214.1 WC, GTA, and GBA State General Funds $28,989 $28,989 $28,989 $28,989 Changes in How the Program is Funded 214.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Federal Funds Not Itemized $3,122,161 $3,122,161 214. Immunization Appropriation (HB1026) The purpose is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $9,051,915 $9,051,915 $9,051,915 $9,051,915 State General Funds $9,051,915 $9,051,915 $9,051,915 $9,051,915 TOTAL FEDERAL FUNDS $8,769,874 $8,769,874 $11,892,035 $11,892,035 Federal Funds Not Itemized $1,303,416 $1,303,416 $4,425,577 $4,425,577 Maternal & Child Health Services Block Grant CFDA93.994 $6,762,746 $6,762,746 $6,762,746 $6,762,746 Preventive Health & Health Services Block Grant $703,712 $703,712 $703,712 $703,712 CFDA93.991 TOTAL PUBLIC FUNDS $17,821,789 $17,821,789 $20,943,950 $20,943,950 Independent and Transitional Living Services Continuation Budget The purpose is to provide a systematic approach for transitioning eligible youth in foster care. TOTAL STATE FUNDS $629,235 $629,235 $629,235 $629,235 State General Funds $629,235 $629,235 $629,235 $629,235 TOTAL FEDERAL FUNDS $3,675,208 $3,675,208 $3,675,208 $3,675,208 2282 JOURNAL OF THE HOUSE Federal Funds Not Itemized $1,593,827 $1,593,827 $1,593,827 $1,593,827 Foster Care Title IV-E CFDA93.658 $2,081,381 $2,081,381 $2,081,381 $2,081,381 TOTAL AGENCY FUNDS $160,495 $160,495 $160,495 $160,495 Sales and Services $160,495 $160,495 $160,495 $160,495 Sales and Services Not Itemized $160,495 $160,495 $160,495 $160,495 TOTAL PUBLIC FUNDS $4,464,938 $4,464,938 $4,464,938 $4,464,938 Changes in How the Program is Funded 215.1 Supplant Medicaid Patient Pay Agency funds with federal funds. Federal Funds Not Itemized $160,495 $160,495 $160,495 $160,495 Sales and Services Not Itemized ($160,495) ($160,495) ($160,495) ($160,495) TOTAL PUBLIC FUNDS $0 $0 $0 $0 215. Independent and Transitional Living Services Appropriation (HB1026) The purpose is to provide a systematic approach for transitioning eligible youth in foster care. TOTAL STATE FUNDS $629,235 $629,235 $629,235 $629,235 State General Funds $629,235 $629,235 $629,235 $629,235 TOTAL FEDERAL FUNDS $3,835,703 $3,835,703 $3,835,703 $3,835,703 Federal Funds Not Itemized $1,754,322 $1,754,322 $1,754,322 $1,754,322 Foster Care Title IV-E CFDA93.658 $2,081,381 $2,081,381 $2,081,381 $2,081,381 TOTAL PUBLIC FUNDS $4,464,938 $4,464,938 $4,464,938 $4,464,938 Infant and Child Health Services Continuation Budget 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 STATE FUNDS $15,069,179 $15,069,179 $15,069,179 $15,069,179 State General Funds $13,069,179 $13,069,179 $13,069,179 $13,069,179 Tobacco Settlement Funds $2,000,000 $2,000,000 $2,000,000 $2,000,000 TOTAL FEDERAL FUNDS $7,378,280 $7,378,280 $7,378,280 $7,378,280 Federal Funds Not Itemized $254,938 $254,938 $254,938 $254,938 Maternal & Child Health Services Block Grant CFDA93.994 $1,370,688 $1,370,688 $1,370,688 $1,370,688 Medical Assistance Program CFDA93.778 $5,383,258 $5,383,258 $5,383,258 $5,383,258 Preventive Health & Health Services Block Grant $369,396 $369,396 $369,396 $369,396 TOTAL PUBLIC FUNDS $22,447,459 $22,447,459 $22,447,459 $22,447,459 WEDNESDAY, MARCH 8, 2006 2283 216. Infant and Child Health Services Appropriation (HB1026) 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 STATE FUNDS $15,069,179 $15,069,179 $15,069,179 $15,069,179 State General Funds $13,069,179 $13,069,179 $13,069,179 $13,069,179 Tobacco Settlement Funds $2,000,000 $2,000,000 $2,000,000 $2,000,000 TOTAL FEDERAL FUNDS $7,378,280 $7,378,280 $7,378,280 $7,378,280 Federal Funds Not Itemized $254,938 $254,938 $254,938 $254,938 Maternal & Child Health Services Block Grant CFDA93.994 $1,370,688 $1,370,688 $1,370,688 $1,370,688 Medical Assistance Program CFDA93.778 $5,383,258 $5,383,258 $5,383,258 $5,383,258 Preventive Health & Health Services Block Grant $369,396 $369,396 $369,396 $369,396 CFDA93.991 TOTAL PUBLIC FUNDS $22,447,459 $22,447,459 $22,447,459 $22,447,459 Injury Prevention Continuation Budget 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 STATE FUNDS $277,393 $277,393 $277,393 $277,393 State General Funds $277,393 $277,393 $277,393 $277,393 TOTAL FEDERAL FUNDS $112,005 $112,005 $112,005 $112,005 Preventive Health & Health Services Block Grant $112,005 $112,005 $112,005 $112,005 TOTAL PUBLIC FUNDS $389,398 $389,398 $389,398 $389,398 Changes in How the Program is Funded 217.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Federal Funds Not Itemized $964,782 $964,782 TOTAL PUBLIC FUNDS $964,782 $964,782 217. Injury Prevention Appropriation (HB1026) 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 STATE FUNDS $277,393 $277,393 $277,393 $277,393 State General Funds $277,393 $277,393 $277,393 $277,393 2284 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS $112,005 $112,005 $1,076,787 $1,076,787 Federal Funds Not Itemized $964,782 $964,782 Preventive Health & Health Services Block Grant $112,005 $112,005 $112,005 $112,005 CFDA93.991 TOTAL PUBLIC FUNDS $389,398 $389,398 $1,354,180 $1,354,180 Laboratory Services Continuation Budget 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 STATE FUNDS $10,179,952 $10,179,952 $10,179,952 $10,179,952 State General Funds $10,179,952 $10,179,952 $10,179,952 $10,179,952 TOTAL FEDERAL FUNDS $546,104 $546,104 $546,104 $546,104 Medical Assistance Program CFDA93.778 $546,104 $546,104 $546,104 $546,104 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $10,876,056 $10,876,056 $10,876,056 $10,876,056 Changes in Operations / Administration 218.1 Reduce funding due to the delayed opening of the public health laboratory in Waycross. State General Funds ($685,735) ($685,735) ($685,735) ($685,735) Changes in How the Program is Funded 218.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Federal Funds Not Itemized $75,438 $75,438 218. Laboratory Services Appropriation (HB1026) 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 STATE FUNDS $9,494,217 $9,494,217 $9,494,217 $9,494,217 State General Funds $9,494,217 $9,494,217 $9,494,217 $9,494,217 TOTAL FEDERAL FUNDS $546,104 $546,104 $621,542 $621,542 Federal Funds Not Itemized $75,438 $75,438 Medical Assistance Program CFDA93.778 $546,104 $546,104 $546,104 $546,104 WEDNESDAY, MARCH 8, 2006 2285 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $10,190,321 $10,190,321 $10,265,759 Medicaid Eligibility Determination Continuation Budget The purpose is to promote access to health care for low income families, children, and pregnant women. TOTAL STATE FUNDS $25,683,414 $25,683,414 $25,683,414 State General Funds $25,683,414 $25,683,414 $25,683,414 TOTAL FEDERAL FUNDS $22,668,459 $22,668,459 $22,668,459 Medical Assistance Program CFDA93.778 $22,668,459 $22,668,459 $22,668,459 TOTAL AGENCY FUNDS $1,709,341 $1,709,341 $1,709,341 Sales and Services $1,709,341 $1,709,341 $1,709,341 Sales and Services Not Itemized $1,709,341 $1,709,341 $1,709,341 TOTAL PUBLIC FUNDS $50,061,214 $50,061,214 $50,061,214 One-Time Expense 219.1 Provide funds to replace outdated information technology equipment. State General Funds $137,950 $137,950 $137,950 Medical Assistance Program CFDA93.778 $127,150 $127,150 $127,150 TOTAL PUBLIC FUNDS $265,100 $265,100 $265,100 Changes in How the Program is Funded 219.2 Supplant Medicaid Patient Pay Agency funds with federal funds. Medical Assistance Program CFDA93.778 $1,709,341 $1,709,341 $1,709,341 Sales and Services Not Itemized ($1,709,341) ($1,709,341) ($1,709,341) TOTAL PUBLIC FUNDS $0 $0 $0 219. Medicaid Eligibility Determination Appropriation (HB1026) The purpose is to promote access to health care for low income families, children, and pregnant women. TOTAL STATE FUNDS $25,821,364 $25,821,364 $25,821,364 State General Funds $25,821,364 $25,821,364 $25,821,364 TOTAL FEDERAL FUNDS $24,504,950 $24,504,950 $24,504,950 Medical Assistance Program CFDA93.778 $24,504,950 $24,504,950 $24,504,950 TOTAL PUBLIC FUNDS $50,326,314 $50,326,314 $50,326,314 $150,000 $150,000 $150,000 $10,265,759 $25,683,414 $25,683,414 $22,668,459 $22,668,459 $1,709,341 $1,709,341 $1,709,341 $50,061,214 $137,950 $127,150 $265,100 $1,709,341 ($1,709,341) $0 $25,821,364 $25,821,364 $24,504,950 $24,504,950 $50,326,314 2286 JOURNAL OF THE HOUSE Out of Home Care Continuation Budget The purpose is to provide safe and appropriate temporary substitute homes for children. TOTAL STATE FUNDS $148,321,478 $148,321,478 $148,321,478 $148,321,478 State General Funds $148,321,478 $148,321,478 $148,321,478 $148,321,478 TOTAL FEDERAL FUNDS $118,203,127 $118,203,127 $118,203,127 $118,203,127 Federal Funds Not Itemized $4,561,186 $4,561,186 $4,561,186 $4,561,186 Foster Care Title IV-E CFDA93.658 $23,655,642 $23,655,642 $23,655,642 $23,655,642 Medical Assistance Program CFDA93.778 $33,493,500 $33,493,500 $33,493,500 $33,493,500 Social Services Block Grant CFDA 93.667 $3,600,000 $3,600,000 $3,600,000 $3,600,000 Temporary Assistance for Needy Families $52,892,799 $52,892,799 $52,892,799 $52,892,799 Temporary Assistance for Needy Families Block Grant $52,892,799 $52,892,799 $52,892,799 $52,892,799 CFDA 93.558 TOTAL AGENCY FUNDS $32,925,589 $32,925,589 $32,925,589 $32,925,589 Sales and Services $32,925,589 $32,925,589 $32,925,589 $32,925,589 Sales and Services Not Itemized $32,925,589 $32,925,589 $32,925,589 $32,925,589 TOTAL PUBLIC FUNDS $299,450,194 $299,450,194 $299,450,194 $299,450,194 Changes in Operations / Administration 220.1 Transfer funds to the Child Protective Services program for child protective services investigations. Social Services Block Grant CFDA 93.667 ($3,600,000) ($3,600,000) ($3,600,000) ($3,600,000) One-Time Expense 220.3 Reflect Level of Care Deficit of $35 million. Reduce deficit by $15 million by changing utilization and rates. Add funds to cover remaining need. Temporary Assistance for Needy Families Block Grant CFDA $20,000,000 $20,000,000 93.558 Changes in How the Program is Funded 220.2 Supplant Medicaid Patient Pay Agency funds with federal funds. Foster Care Title IV-E CFDA93.658 $6,237,858 $6,237,858 $6,237,858 $6,237,858 Medical Assistance Program CFDA93.778 ($26,568,686) ($26,568,686) ($26,568,686) ($26,568,686) Sales and Services Not Itemized $20,330,828 $20,330,828 $20,330,828 $20,330,828 TOTAL PUBLIC FUNDS $0 $0 $0 $0 WEDNESDAY, MARCH 8, 2006 2287 220.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Federal Funds Not Itemized $6,924,814 $6,924,814 Medical Assistance Program CFDA93.778 ($6,924,814) ($6,924,814) TOTAL PUBLIC FUNDS $0 $0 220.5 Adjust funding to SFY 2005 cost levels. Social Services Block Grant CFDA 93.667 $265,446 $265,446 220. Out of Home Care Appropriation (HB1026) The purpose is to provide safe and appropriate temporary substitute homes for children. TOTAL STATE FUNDS $148,321,478 $148,321,478 $148,321,478 $148,321,478 State General Funds $148,321,478 $148,321,478 $148,321,478 $148,321,478 TOTAL FEDERAL FUNDS $94,272,299 $94,272,299 $114,537,745 $114,537,745 Federal Funds Not Itemized $4,561,186 $4,561,186 $11,486,000 $11,486,000 Foster Care Title IV-E CFDA93.658 $29,893,500 $29,893,500 $29,893,500 $29,893,500 Medical Assistance Program CFDA93.778 $6,924,814 $6,924,814 Social Services Block Grant CFDA 93.667 $265,446 $265,446 Temporary Assistance for Needy Families $52,892,799 $52,892,799 $72,892,799 $72,892,799 Temporary Assistance for Needy Families Block Grant $52,892,799 $52,892,799 $72,892,799 $72,892,799 CFDA 93.558 TOTAL AGENCY FUNDS $53,256,417 $53,256,417 $53,256,417 $53,256,417 Sales and Services $53,256,417 $53,256,417 $53,256,417 $53,256,417 Sales and Services Not Itemized $53,256,417 $53,256,417 $53,256,417 $53,256,417 TOTAL PUBLIC FUNDS $295,850,194 $295,850,194 $316,115,640 $316,115,640 Outdoor Therapeutic Program Continuation Budget 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 STATE FUNDS $3,294,177 $3,294,177 $3,294,177 $3,294,177 State General Funds $3,294,177 $3,294,177 $3,294,177 $3,294,177 TOTAL FEDERAL FUNDS $3,105 $3,105 $3,105 $3,105 Medical Assistance Program CFDA93.778 $3,105 $3,105 $3,105 $3,105 2288 JOURNAL OF THE HOUSE TOTAL INTRA-STATE GOVERNMENT TRANSFERS $937,587 $937,587 $937,587 $937,587 Agency to Agency Contracts $937,587 $937,587 $937,587 $937,587 TOTAL PUBLIC FUNDS $4,234,869 $4,234,869 $4,234,869 $4,234,869 Changes in How the Program is Funded 221.1 Reclassify federal funds as agency funds to reflect correct program fund distribution. Medical Assistance Program CFDA93.778 ($3,105) ($3,105) ($3,105) ($3,105) Sales and Services Not Itemized $3,105 $3,105 $3,105 $3,105 TOTAL PUBLIC FUNDS $0 $0 $0 $0 221. Outdoor Therapeutic Program Appropriation (HB1026) 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 STATE FUNDS $3,294,177 $3,294,177 $3,294,177 $3,294,177 State General Funds $3,294,177 $3,294,177 $3,294,177 $3,294,177 TOTAL AGENCY FUNDS $3,105 $3,105 $3,105 $3,105 Sales and Services $3,105 $3,105 $3,105 $3,105 Sales and Services Not Itemized $3,105 $3,105 $3,105 $3,105 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $937,587 $937,587 $937,587 $937,587 Agency to Agency Contracts $937,587 $937,587 $937,587 $937,587 TOTAL PUBLIC FUNDS $4,234,869 $4,234,869 $4,234,869 $4,234,869 Post Adoption Services Continuation Budget The purpose is for clarification of adoption policies, procedures, and provide support services to adopting families. TOTAL STATE FUNDS $1,890,746 $1,890,746 $1,890,746 $1,890,746 State General Funds $1,890,746 $1,890,746 $1,890,746 $1,890,746 TOTAL FEDERAL FUNDS $940,404 $940,404 $940,404 $940,404 Federal Funds Not Itemized $940,404 $940,404 $940,404 $940,404 TOTAL PUBLIC FUNDS $2,831,150 $2,831,150 $2,831,150 $2,831,150 222. Post Adoption Services Appropriation (HB1026) The purpose is for clarification of adoption policies, procedures, and provide support services to adopting families. TOTAL STATE FUNDS $1,890,746 $1,890,746 $1,890,746 $1,890,746 State General Funds $1,890,746 $1,890,746 $1,890,746 $1,890,746 WEDNESDAY, MARCH 8, 2006 2289 TOTAL FEDERAL FUNDS $940,404 $940,404 $940,404 $940,404 Federal Funds Not Itemized $940,404 $940,404 $940,404 $940,404 TOTAL PUBLIC FUNDS $2,831,150 $2,831,150 $2,831,150 $2,831,150 Pre-Adoption Services Continuation Budget The purpose is to provide services that ensure the safe and appropriate placement of adoptable children. TOTAL STATE FUNDS $3,528,273 $3,528,273 $3,528,273 $3,528,273 State General Funds $3,528,273 $3,528,273 $3,528,273 $3,528,273 TOTAL FEDERAL FUNDS $1,872,356 $1,872,356 $1,872,356 $1,872,356 Federal Funds Not Itemized $1,872,356 $1,872,356 $1,872,356 $1,872,356 TOTAL PUBLIC FUNDS $5,400,629 $5,400,629 $5,400,629 $5,400,629 223. Pre-Adoption Services Appropriation (HB1026) The purpose is to provide services that ensure the safe and appropriate placement of adoptable children. TOTAL STATE FUNDS $3,528,273 $3,528,273 $3,528,273 $3,528,273 State General Funds $3,528,273 $3,528,273 $3,528,273 $3,528,273 TOTAL FEDERAL FUNDS $1,872,356 $1,872,356 $1,872,356 $1,872,356 Federal Funds Not Itemized $1,872,356 $1,872,356 $1,872,356 $1,872,356 TOTAL PUBLIC FUNDS $5,400,629 $5,400,629 $5,400,629 $5,400,629 Refugee Health Program Continuation Budget The purpose is to provide interpretation, outreach, information, and referrals for refugees who need health care. TOTAL STATE FUNDS $3,656,336 $3,656,336 $3,656,336 $3,656,336 State General Funds $3,656,336 $3,656,336 $3,656,336 $3,656,336 TOTAL FEDERAL FUNDS $118,690 $118,690 $118,690 $118,690 Federal Funds Not Itemized $118,690 $118,690 $118,690 $118,690 TOTAL PUBLIC FUNDS $3,775,026 $3,775,026 $3,775,026 $3,775,026 Changes in How the Program is Funded 224.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Federal Funds Not Itemized $407,993 $407,993 TOTAL PUBLIC FUNDS $407,993 $407,993 224. Refugee Health Program Appropriation (HB1026) The purpose is to provide interpretation, outreach, information, and referrals for refugees who need health care. 2290 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $3,656,336 $3,656,336 $3,656,336 $3,656,336 State General Funds $3,656,336 $3,656,336 $3,656,336 $3,656,336 TOTAL FEDERAL FUNDS $118,690 $118,690 $526,683 $526,683 Federal Funds Not Itemized $118,690 $118,690 $526,683 $526,683 TOTAL PUBLIC FUNDS $3,775,026 $3,775,026 $4,183,019 $4,183,019 Refugee Resettlement Continuation Budget The purpose is to help refugees establish a new life that is founded on the dignity of economic self-support. TOTAL STATE FUNDS $515,660 $515,660 $515,660 $515,660 State General Funds $515,660 $515,660 $515,660 $515,660 TOTAL FEDERAL FUNDS $3,103,467 $3,103,467 $3,103,467 $3,103,467 Federal Funds Not Itemized $3,103,467 $3,103,467 $3,103,467 $3,103,467 TOTAL AGENCY FUNDS $80,538 $80,538 $80,538 $80,538 Sales and Services $80,538 $80,538 $80,538 $80,538 Sales and Services Not Itemized $80,538 $80,538 $80,538 $80,538 TOTAL PUBLIC FUNDS $3,699,665 $3,699,665 $3,699,665 $3,699,665 Changes in How the Program is Funded 225.1 Supplant Medicaid Patient Pay Agency funds with federal funds. Federal Funds Not Itemized $80,538 $80,538 $80,538 $80,538 Sales and Services Not Itemized ($80,538) ($80,538) ($80,538) ($80,538) TOTAL PUBLIC FUNDS $0 $0 $0 $0 225. Refugee Resettlement Appropriation (HB1026) The purpose is to help refugees establish a new life that is founded on the dignity of economic self-support. TOTAL STATE FUNDS $515,660 $515,660 $515,660 $515,660 State General Funds $515,660 $515,660 $515,660 $515,660 TOTAL FEDERAL FUNDS $3,184,005 $3,184,005 $3,184,005 $3,184,005 Federal Funds Not Itemized $3,184,005 $3,184,005 $3,184,005 $3,184,005 TOTAL PUBLIC FUNDS $3,699,665 $3,699,665 $3,699,665 $3,699,665 Regulatory Compliance Continuation Budget 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 STATE FUNDS $22,387,123 $22,387,123 $22,387,123 $22,387,123 WEDNESDAY, MARCH 8, 2006 2291 State General Funds $22,387,123 $22,387,123 $22,387,123 $22,387,123 TOTAL FEDERAL FUNDS $8,225,540 $8,225,540 $8,225,540 $8,225,540 CCDF Mandatory & Matching Funds CFDA93.596 $780 $780 $780 $780 Federal Funds Not Itemized $6,533,524 $6,533,524 $6,533,524 $6,533,524 Maternal & Child Health Services Block Grant CFDA93.994 $194,703 $194,703 $194,703 $194,703 Medical Assistance Program CFDA93.778 $12,257 $12,257 $12,257 $12,257 Preventive Health & Health Services Block Grant $1,484,276 $1,484,276 $1,484,276 $1,484,276 TOTAL PUBLIC FUNDS $30,612,663 $30,612,663 $30,612,663 $30,612,663 Statewide Changes 226.1 WC, GTA, and GBA State General Funds $16,489 $16,489 $16,489 $16,489 226. Regulatory Compliance Appropriation (HB1026) 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 STATE FUNDS $22,403,612 $22,403,612 $22,403,612 $22,403,612 State General Funds $22,403,612 $22,403,612 $22,403,612 $22,403,612 TOTAL FEDERAL FUNDS $8,225,540 $8,225,540 $8,225,540 $8,225,540 CCDF Mandatory & Matching Funds CFDA93.596 $780 $780 $780 $780 Federal Funds Not Itemized $6,533,524 $6,533,524 $6,533,524 $6,533,524 Maternal & Child Health Services Block Grant CFDA93.994 $194,703 $194,703 $194,703 $194,703 Medical Assistance Program CFDA93.778 $12,257 $12,257 $12,257 $12,257 Preventive Health & Health Services Block Grant $1,484,276 $1,484,276 $1,484,276 $1,484,276 CFDA93.991 TOTAL PUBLIC FUNDS $30,629,152 $30,629,152 $30,629,152 $30,629,152 Sexually Transmitted Diseases Treatment and Control Continuation Budget The purpose is to prevent and reduce the spread of sexually transmitted diseases through education, case reporting, health screening, partner notification, and treatment. TOTAL STATE FUNDS $4,480,066 $4,480,066 $4,480,066 $4,480,066 State General Funds $4,480,066 $4,480,066 $4,480,066 $4,480,066 TOTAL FEDERAL FUNDS $2,297,423 $2,297,423 $2,297,423 $2,297,423 Federal Funds Not Itemized $2,297,423 $2,297,423 $2,297,423 $2,297,423 2292 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $6,777,489 $6,777,489 $6,777,489 $6,777,489 Changes in How the Program is Funded 227.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Preventive Health & Health Services Block Grant $1,054,763 $1,054,763 227. Sexually Transmitted Diseases Treatment and Control Appropriation (HB1026) The purpose is to prevent and reduce the spread of sexually transmitted diseases through education, case reporting, health screening, partner notification, and treatment. TOTAL STATE FUNDS $4,480,066 $4,480,066 $4,480,066 $4,480,066 State General Funds $4,480,066 $4,480,066 $4,480,066 $4,480,066 TOTAL FEDERAL FUNDS $2,297,423 $2,297,423 $3,352,186 $3,352,186 Federal Funds Not Itemized $2,297,423 $2,297,423 $2,297,423 $2,297,423 Preventive Health & Health Services Block Grant $1,054,763 $1,054,763 CFDA93.991 TOTAL PUBLIC FUNDS $6,777,489 $6,777,489 $7,832,252 $7,832,252 State Hospital Facilities Continuation Budget 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 STATE FUNDS $61,482,028 $61,482,028 $61,482,028 $61,482,028 State General Funds $61,482,028 $61,482,028 $61,482,028 $61,482,028 TOTAL FEDERAL FUNDS $5,720,524 $5,720,524 $5,720,524 $5,720,524 Federal Funds Not Itemized $5,720,524 $5,720,524 $5,720,524 $5,720,524 TOTAL AGENCY FUNDS $2,935,696 $2,935,696 $2,935,696 $2,935,696 Sales and Services $2,935,696 $2,935,696 $2,935,696 $2,935,696 Sales and Services Not Itemized $2,935,696 $2,935,696 $2,935,696 $2,935,696 TOTAL PUBLIC FUNDS $70,138,248 $70,138,248 $70,138,248 $70,138,248 One-Time Expense 228.1 Provide funds to cover deficit in State Hospitals (S:Transfer from the Departmental Administration program). State General Funds $2,783,840 $2,505,456 $2,783,840 $2,505,456 WEDNESDAY, MARCH 8, 2006 2293 228. State Hospital Facilities Appropriation (HB1026) 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 STATE FUNDS $64,265,868 $63,987,484 $64,265,868 $63,987,484 State General Funds $64,265,868 $63,987,484 $64,265,868 $63,987,484 TOTAL FEDERAL FUNDS $5,720,524 $5,720,524 $5,720,524 $5,720,524 Federal Funds Not Itemized $5,720,524 $5,720,524 $5,720,524 $5,720,524 TOTAL AGENCY FUNDS $2,935,696 $2,935,696 $2,935,696 $2,935,696 Sales and Services $2,935,696 $2,935,696 $2,935,696 $2,935,696 Sales and Services Not Itemized $2,935,696 $2,935,696 $2,935,696 $2,935,696 TOTAL PUBLIC FUNDS $72,922,088 $72,643,704 $72,922,088 $72,643,704 State Hospital Facilities - Direct Care and Support Services Continuation Budget The purpose is to provide facility support services and direct patient support therapies. TOTAL STATE FUNDS $94,448,798 $94,448,798 $94,448,798 $94,448,798 State General Funds $94,448,798 $94,448,798 $94,448,798 $94,448,798 TOTAL FEDERAL FUNDS $6,120,300 $6,120,300 $6,120,300 $6,120,300 Federal Funds Not Itemized $6,120,300 $6,120,300 $6,120,300 $6,120,300 TOTAL AGENCY FUNDS $42,343,798 $42,343,798 $42,343,798 $42,343,798 Sales and Services $42,343,798 $42,343,798 $42,343,798 $42,343,798 Sales and Services Not Itemized $42,343,798 $42,343,798 $42,343,798 $42,343,798 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,092,954 $5,092,954 $5,092,954 $5,092,954 Agency to Agency Contracts $5,092,954 $5,092,954 $5,092,954 $5,092,954 TOTAL PUBLIC FUNDS $148,005,850 $148,005,850 $148,005,850 $148,005,850 One-Time Expense 229.1 Provide funds to cover deficit in State Hospitals (S:Transfer from the Departmental Administration program). State General Funds $4,155,214 $3,739,692 $4,155,214 $3,739,692 229. State Hospital Facilities - Direct Care and Support Appropriation (HB1026) The purpose is to provide facility support services and direct patient support therapies. TOTAL STATE FUNDS $98,604,012 $98,188,490 $98,604,012 $98,188,490 State General Funds $98,604,012 $98,188,490 $98,604,012 $98,188,490 2294 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS $6,120,300 $6,120,300 $6,120,300 $6,120,300 Federal Funds Not Itemized $6,120,300 $6,120,300 $6,120,300 $6,120,300 TOTAL AGENCY FUNDS $42,343,798 $42,343,798 $42,343,798 $42,343,798 Sales and Services $42,343,798 $42,343,798 $42,343,798 $42,343,798 Sales and Services Not Itemized $42,343,798 $42,343,798 $42,343,798 $42,343,798 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,092,954 $5,092,954 $5,092,954 $5,092,954 Agency to Agency Contracts $5,092,954 $5,092,954 $5,092,954 $5,092,954 TOTAL PUBLIC FUNDS $152,161,064 $151,745,542 $152,161,064 $151,745,542 State Hospital Facilities - Other Care Continuation Budget The purpose is to provide inpatient psychiatric evaluation and treatment with an emphasis on stabilization and planning. TOTAL STATE FUNDS $35,713,500 $35,713,500 $35,713,500 $35,713,500 State General Funds $35,713,500 $35,713,500 $35,713,500 $35,713,500 TOTAL FEDERAL FUNDS $161,867 $161,867 $161,867 $161,867 Federal Funds Not Itemized $161,867 $161,867 $161,867 $161,867 TOTAL AGENCY FUNDS $53,767,732 $53,767,732 $53,767,732 $53,767,732 Sales and Services $53,767,732 $53,767,732 $53,767,732 $53,767,732 Sales and Services Not Itemized $53,767,732 $53,767,732 $53,767,732 $53,767,732 TOTAL PUBLIC FUNDS $89,643,099 $89,643,099 $89,643,099 $89,643,099 One-Time Expense 230.1 Provide funds to cover deficit in State Hospitals (S:Transfer from the Departmental Administration program). State General Funds $1,621,412 $1,459,270 $1,621,412 $1,459,270 230. State Hospital Facilities - Other Care Appropriation (HB1026) The purpose is to provide inpatient psychiatric evaluation and treatment with an emphasis on stabilization and planning. TOTAL STATE FUNDS $37,334,912 $37,172,770 $37,334,912 $37,172,770 State General Funds $37,334,912 $37,172,770 $37,334,912 $37,172,770 TOTAL FEDERAL FUNDS $161,867 $161,867 $161,867 $161,867 Federal Funds Not Itemized $161,867 $161,867 $161,867 $161,867 TOTAL AGENCY FUNDS $53,767,732 $53,767,732 $53,767,732 $53,767,732 Sales and Services $53,767,732 $53,767,732 $53,767,732 $53,767,732 Sales and Services Not Itemized $53,767,732 $53,767,732 $53,767,732 $53,767,732 TOTAL PUBLIC FUNDS $91,264,511 $91,102,369 $91,264,511 $91,102,369 WEDNESDAY, MARCH 8, 2006 2295 State Hospital Facilities - Specialty Care Continuation Budget The purpose is to provide education and health promotion related to intentional and unintentional injuries. TOTAL STATE FUNDS $1,495,494 $1,495,494 $1,495,494 $1,495,494 State General Funds $1,495,494 $1,495,494 $1,495,494 $1,495,494 TOTAL FEDERAL FUNDS $14,551 $14,551 $14,551 $14,551 Federal Funds Not Itemized $14,551 $14,551 $14,551 $14,551 TOTAL AGENCY FUNDS $1,547,240 $1,547,240 $1,547,240 $1,547,240 Sales and Services $1,547,240 $1,547,240 $1,547,240 $1,547,240 Sales and Services Not Itemized $1,547,240 $1,547,240 $1,547,240 $1,547,240 TOTAL PUBLIC FUNDS $3,057,285 $3,057,285 $3,057,285 $3,057,285 One-Time Expense 231.1 Provide funds to cover deficit in State Hospitals (S:Transfer from the Departmental Administration program). State General Funds $19,534 $17,580 $19,534 $17,580 231. State Hospital Facilities - Specialty Care Appropriation (HB1026) The purpose is to provide education and health promotion related to intentional and unintentional injuries. TOTAL STATE FUNDS $1,515,028 $1,513,074 $1,515,028 $1,513,074 State General Funds $1,515,028 $1,513,074 $1,515,028 $1,513,074 TOTAL FEDERAL FUNDS $14,551 $14,551 $14,551 $14,551 Federal Funds Not Itemized $14,551 $14,551 $14,551 $14,551 TOTAL AGENCY FUNDS $1,547,240 $1,547,240 $1,547,240 $1,547,240 Sales and Services $1,547,240 $1,547,240 $1,547,240 $1,547,240 Sales and Services Not Itemized $1,547,240 $1,547,240 $1,547,240 $1,547,240 TOTAL PUBLIC FUNDS $3,076,819 $3,074,865 $3,076,819 $3,074,865 Substance Abuse Prevention Continuation Budget 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 STATE FUNDS $669,605 $669,605 $669,605 $669,605 State General Funds $669,605 $669,605 $669,605 $669,605 TOTAL FEDERAL FUNDS $10,512,485 $10,512,485 $10,512,485 $10,512,485 Federal Funds Not Itemized $320,397 $320,397 $320,397 $320,397 Prevention & Treatment of Substance Abuse Block Grant $10,192,088 $10,192,088 $10,192,088 $10,192,088 2296 JOURNAL OF THE HOUSE CFDA93.959 TOTAL PUBLIC FUNDS $11,182,090 $11,182,090 $11,182,090 $11,182,090 Changes in How the Program is Funded 232.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Federal Funds Not Itemized $354,687 $354,687 Prevention & Treatment of Substance Abuse Block Grant $1,320,111 $1,320,111 CFDA93.959 TOTAL PUBLIC FUNDS $1,674,798 $1,674,798 232. Substance Abuse Prevention Appropriation (HB1026) 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 STATE FUNDS $669,605 $669,605 $669,605 $669,605 State General Funds $669,605 $669,605 $669,605 $669,605 TOTAL FEDERAL FUNDS $10,512,485 $10,512,485 $12,187,283 $12,187,283 Federal Funds Not Itemized $320,397 $320,397 $675,084 $675,084 Prevention & Treatment of Substance Abuse Block Grant $10,192,088 $10,192,088 $11,512,199 $11,512,199 CFDA93.959 TOTAL PUBLIC FUNDS $11,182,090 $11,182,090 $12,856,888 $12,856,888 Support for Needy Families - Administration and Family Assistance Continuation Budget The purpose is to supply block grants for temporary assistance for needy families. TOTAL STATE FUNDS $17,069,906 $17,069,906 $17,069,906 $17,069,906 State General Funds $17,069,906 $17,069,906 $17,069,906 $17,069,906 TOTAL FEDERAL FUNDS $51,340,811 $51,340,811 $51,340,811 $51,340,811 Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 $17,185,183 Federal Funds Not Itemized $11,959,324 $11,959,324 $11,959,324 $11,959,324 Medical Assistance Program CFDA93.778 $9,905,211 $9,905,211 $9,905,211 $9,905,211 Temporary Assistance for Needy Families $12,291,093 $12,291,093 $12,291,093 $12,291,093 Temporary Assistance for Needy Families Block Grant $12,291,093 $12,291,093 $12,291,093 $12,291,093 CFDA 93.558 TOTAL AGENCY FUNDS $2,786,034 $2,786,034 $2,786,034 $2,786,034 WEDNESDAY, MARCH 8, 2006 2297 Sales and Services $2,786,034 $2,786,034 $2,786,034 $2,786,034 Sales and Services Not Itemized $2,786,034 $2,786,034 $2,786,034 $2,786,034 TOTAL PUBLIC FUNDS $71,196,751 $71,196,751 $71,196,751 $71,196,751 Changes in Operations / Administration 233.1 Transfer funds for After School Care Expansion activities from Child Care and Parent Services. State General Funds $4,000,000 $4,000,000 $0 $0 Temporary Assistance for Needy Families Block Grant CFDA $10,000,000 $10,000,000 $0 $0 93.558 TOTAL PUBLIC FUNDS $14,000,000 $14,000,000 $0 $0 233.2 Transfer funds to the Food Stamp Program to reflect direct client services. Federal Funds Not Itemized ($8,501,040) ($8,501,040) ($8,501,040) ($8,501,040) 233.7 Reduce administration to reflect SFY 2005 cost allocation. Temporary Assistance for Needy Families Block Grant CFDA ($9,300,000) ($9,300,000) 93.558 One-Time Expense 233.3 Provide funds to replace outdated information technology equipment. Medical Assistance Program CFDA93.778 $21,600 $21,600 $21,600 $21,600 233.8 Reward Office of Family Independence staff for achieving a TANF Welfare to Work bonus of $4,003,411 and being cited by federal administrators as a model state for work participation activities. Bonus contingent on continued receipt of performance bonus. Temporary Assistance for Needy Families Block Grant CFDA $2,000,000 $2,000,000 93.558 Changes in How the Program is Funded 233.4 Supplant Medicaid Patient Pay Agency funds with federal funds. Temporary Assistance for Needy Families Block Grant CFDA $2,786,034 $2,786,034 $0 $0 93.558 Sales and Services Not Itemized ($2,786,034) ($2,786,034) $0 $0 TOTAL PUBLIC FUNDS $0 $0 $0 $0 Changes in the Size of the Program 233.5 Transfer funds to the Support for Needy Families - Work Assistance program for education and training of Temporary Assistance for Needy Families recipients. 2298 JOURNAL OF THE HOUSE Federal Funds Not Itemized ($2,142,185) 233.9 Add funds for food bank assistance. 233. Support for Needy Families - Administration and Family Assistance The purpose is to supply block grants for temporary assistance for needy families. TOTAL STATE FUNDS $21,069,906 State General Funds $21,069,906 TOTAL FEDERAL FUNDS $53,505,220 Community Services Block Grant CFDA93.569 $17,185,183 Federal Funds Not Itemized $1,316,099 Medical Assistance Program CFDA93.778 $9,926,811 Temporary Assistance for Needy Families $25,077,127 Temporary Assistance for Needy Families Block Grant $25,077,127 CFDA 93.558 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $74,575,126 Support for Needy Families - Basic Assistance The purpose is to supply block grants for temporary assistance for needy families. TOTAL STATE FUNDS $14,400,000 State General Funds $14,400,000 TOTAL FEDERAL FUNDS $94,788,339 Temporary Assistance for Needy Families $74,788,339 Temporary Assistance for Needy Families Block Grant $74,788,339 CFDA 93.558 Temporary Assistance for Needy Families Unobligated $20,000,000 TOTAL AGENCY FUNDS $20,000,000 Contributions, Donations, and Forfeitures $20,000,000 TANF Maintenance-of-Effort from External Sources $20,000,000 TOTAL PUBLIC FUNDS $129,188,339 Changes in How the Program is Funded ($2,142,185) ($2,142,185) Appropriation (HB1026) $21,069,906 $21,069,906 $53,505,220 $17,185,183 $1,316,099 $9,926,811 $25,077,127 $25,077,127 $17,069,906 $17,069,906 $34,419,186 $17,185,183 $1,316,099 $9,926,811 $5,991,093 $5,991,093 $2,786,034 $2,786,034 $2,786,034 $74,575,126 $54,275,126 Continuation Budget $14,400,000 $14,400,000 $94,788,339 $74,788,339 $74,788,339 $14,400,000 $14,400,000 $94,788,339 $74,788,339 $74,788,339 $20,000,000 $20,000,000 $20,000,000 $20,000,000 $129,188,339 $20,000,000 $20,000,000 $20,000,000 $20,000,000 $129,188,339 ($2,142,185) $17,069,906 $17,069,906 $34,419,186 $17,185,183 $1,316,099 $9,926,811 $5,991,093 $5,991,093 $2,786,034 $2,786,034 $2,786,034 $54,275,126 $14,400,000 $14,400,000 $94,788,339 $74,788,339 $74,788,339 $20,000,000 $20,000,000 $20,000,000 $20,000,000 $129,188,339 WEDNESDAY, MARCH 8, 2006 2299 234.1 Refinance TANF Unobligated Balances with block grant funds to maximize federal fund usage. Temporary Assistance for Needy Families Block Grant CFDA $14,004,629 93.558 Temporary Assistance for Needy Families Unobligated ($14,004,629) TOTAL PUBLIC FUNDS $0 Changes in the Size of the Program 234.2 Reduce funding for cash assistance based on declining caseloads. Temporary Assistance for Needy Families Block Grant CFDA ($17,500,000) 93.558 234. Support for Needy Families - Basic Assistance Appropriation (HB1026) The purpose is to supply block grants for temporary assistance for needy families. TOTAL STATE FUNDS $14,400,000 $14,400,000 $14,400,000 State General Funds $14,400,000 $14,400,000 $14,400,000 TOTAL FEDERAL FUNDS $94,788,339 $94,788,339 $77,288,339 Temporary Assistance for Needy Families $74,788,339 $74,788,339 $71,292,968 Temporary Assistance for Needy Families Block Grant $74,788,339 $74,788,339 $71,292,968 CFDA 93.558 Temporary Assistance for Needy Families Unobligated $20,000,000 $20,000,000 $5,995,371 Balance TOTAL AGENCY FUNDS $20,000,000 $20,000,000 $20,000,000 Contributions, Donations, and Forfeitures $20,000,000 $20,000,000 $20,000,000 TANF Maintenance-of-Effort from External Sources $20,000,000 $20,000,000 $20,000,000 TOTAL PUBLIC FUNDS $129,188,339 $129,188,339 $111,688,339 Support for Needy Families - Work Assistance Continuation Budget The purpose is to supply block grants for temporary assistance for needy families. TOTAL STATE FUNDS $26,000,000 $26,000,000 $26,000,000 State General Funds $26,000,000 $26,000,000 $26,000,000 TOTAL FEDERAL FUNDS $19,130,279 $19,130,279 $19,130,279 Temporary Assistance for Needy Families $19,130,279 $19,130,279 $19,130,279 Temporary Assistance for Needy Families Block Grant $19,130,279 $19,130,279 $19,130,279 CFDA 93.558 $14,004,629 ($14,004,629) $0 ($17,500,000) $14,400,000 $14,400,000 $77,288,339 $71,292,968 $71,292,968 $5,995,371 $20,000,000 $20,000,000 $20,000,000 $111,688,339 $26,000,000 $26,000,000 $19,130,279 $19,130,279 $19,130,279 2300 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $45,130,279 $45,130,279 $45,130,279 $45,130,279 Changes in Operations / Administration 235.1 Adjust Grants to Counties funding for eligibility activities to SFY 2005 cost levels. Temporary Assistance for Needy Families Block Grant CFDA $16,100,000 $16,100,000 93.558 Changes in the Size of the Program 235.2 Transfer funds from the Support for Needy Families - Administration and Family Assistance program for education and training of Temporary Assistance for Needy Families recipients. Federal Funds Not Itemized $2,142,185 $2,142,185 $2,142,185 $2,142,185 235. Support for Needy Families - Work Assistance Appropriation (HB1026) The purpose is to supply block grants for temporary assistance for needy families. TOTAL STATE FUNDS $26,000,000 $26,000,000 $26,000,000 $26,000,000 State General Funds $26,000,000 $26,000,000 $26,000,000 $26,000,000 TOTAL FEDERAL FUNDS $21,272,464 $21,272,464 $37,372,464 $37,372,464 Federal Funds Not Itemized $2,142,185 $2,142,185 $2,142,185 $2,142,185 Temporary Assistance for Needy Families $19,130,279 $19,130,279 $35,230,279 $35,230,279 Temporary Assistance for Needy Families Block Grant $19,130,279 $19,130,279 $35,230,279 $35,230,279 CFDA 93.558 TOTAL PUBLIC FUNDS $47,272,464 $47,272,464 $63,372,464 $63,372,464 Tobacco Use Prevention Continuation Budget 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 STATE FUNDS $2,211,034 $2,211,034 $2,211,034 $2,211,034 State General Funds $61,159 $61,159 $61,159 $61,159 Tobacco Settlement Funds $2,149,875 $2,149,875 $2,149,875 $2,149,875 TOTAL PUBLIC FUNDS $2,211,034 $2,211,034 $2,211,034 $2,211,034 236. Tobacco Use Prevention Appropriation (HB1026) 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 STATE FUNDS $2,211,034 $2,211,034 $2,211,034 $2,211,034 State General Funds $61,159 $61,159 $61,159 $61,159 WEDNESDAY, MARCH 8, 2006 2301 Tobacco Settlement Funds $2,149,875 $2,149,875 $2,149,875 $2,149,875 TOTAL PUBLIC FUNDS $2,211,034 $2,211,034 $2,211,034 $2,211,034 Tuberculosis Treatment and Control Continuation Budget The purpose of the Georgia Tuberculosis Program is to control transmission, prevent illness and ensure treatment of disease due to tuberculosis. TOTAL STATE FUNDS $7,404,277 $7,404,277 $7,404,277 $7,404,277 State General Funds $7,404,277 $7,404,277 $7,404,277 $7,404,277 TOTAL FEDERAL FUNDS $1,613,061 $1,613,061 $1,613,061 $1,613,061 Federal Funds Not Itemized $1,613,061 $1,613,061 $1,613,061 $1,613,061 TOTAL PUBLIC FUNDS $9,017,338 $9,017,338 $9,017,338 $9,017,338 Changes in How the Program is Funded 237.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Federal Funds Not Itemized $508,607 $508,607 237. Tuberculosis Treatment and Control Appropriation (HB1026) The purpose of the Georgia Tuberculosis Program is to control transmission, prevent illness and ensure treatment of disease due to tuberculosis. TOTAL STATE FUNDS $7,404,277 $7,404,277 $7,404,277 $7,404,277 State General Funds $7,404,277 $7,404,277 $7,404,277 $7,404,277 TOTAL FEDERAL FUNDS $1,613,061 $1,613,061 $2,121,668 $2,121,668 Federal Funds Not Itemized $1,613,061 $1,613,061 $2,121,668 $2,121,668 TOTAL PUBLIC FUNDS $9,017,338 $9,017,338 $9,525,945 $9,525,945 Vital Records Continuation Budget 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 STATE FUNDS $2,064,090 $2,064,090 $2,064,090 $2,064,090 State General Funds $2,064,090 $2,064,090 $2,064,090 $2,064,090 TOTAL FEDERAL FUNDS $288,204 $288,204 $288,204 $288,204 Federal Funds Not Itemized $288,204 $288,204 $288,204 $288,204 TOTAL PUBLIC FUNDS $2,352,294 $2,352,294 $2,352,294 $2,352,294 2302 JOURNAL OF THE HOUSE Changes in How the Program is Funded 238.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Federal Funds Not Itemized $260,000 $260,000 238. Vital Records Appropriation (HB1026) 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 STATE FUNDS $2,064,090 $2,064,090 $2,064,090 $2,064,090 State General Funds $2,064,090 $2,064,090 $2,064,090 $2,064,090 TOTAL FEDERAL FUNDS $288,204 $288,204 $548,204 $548,204 Federal Funds Not Itemized $288,204 $288,204 $548,204 $548,204 TOTAL PUBLIC FUNDS $2,352,294 $2,352,294 $2,612,294 $2,612,294 Women, Infants and Children Continuation Budget The purpose is an adjunct to prenatal and postpartum care during critical periods of growth. TOTAL FEDERAL FUNDS $84,978,869 $84,978,869 $84,978,869 $84,978,869 Federal Funds Not Itemized $84,978,869 $84,978,869 $84,978,869 $84,978,869 TOTAL PUBLIC FUNDS $84,978,869 $84,978,869 $84,978,869 $84,978,869 Changes in How the Program is Funded 239.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Federal Funds Not Itemized $147,496,262 $147,496,262 239. Women, Infants and Children Appropriation (HB1026) The purpose is an adjunct to prenatal and postpartum care during critical periods of growth. TOTAL FEDERAL FUNDS $84,978,869 $84,978,869 $232,475,131 $232,475,131 Federal Funds Not Itemized $84,978,869 $84,978,869 $232,475,131 $232,475,131 TOTAL PUBLIC FUNDS $84,978,869 $84,978,869 $232,475,131 $232,475,131 Women's Health Services Continuation Budget The purpose is to reduce unintended pregnancies and improve the health of women, the partners, and infants. TOTAL STATE FUNDS $8,910,650 $8,910,650 $8,910,650 $8,910,650 State General Funds $8,910,650 $8,910,650 $8,910,650 $8,910,650 TOTAL FEDERAL FUNDS $19,098,161 $19,098,161 $19,098,161 $19,098,161 WEDNESDAY, MARCH 8, 2006 2303 Federal Funds Not Itemized $6,391,975 $6,391,975 $6,391,975 $6,391,975 Maternal & Child Health Services Block Grant CFDA93.994 $470,537 $470,537 $470,537 $470,537 Medical Assistance Program CFDA93.778 $335,432 $335,432 $335,432 $335,432 Preventive Health & Health Services Block Grant $41,694 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $11,858,523 $11,858,523 $11,858,523 $11,858,523 Temporary Assistance for Needy Families Block Grant $11,858,523 $11,858,523 $11,858,523 $11,858,523 CFDA 93.558 TOTAL PUBLIC FUNDS $28,008,811 $28,008,811 $28,008,811 $28,008,811 Changes in How the Program is Funded 240.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Federal Funds Not Itemized $426,896 $426,896 240. Women's Health Services Appropriation (HB1026) The purpose is to reduce unintended pregnancies and improve the health of women, the partners, and infants. TOTAL STATE FUNDS $8,910,650 $8,910,650 $8,910,650 $8,910,650 State General Funds $8,910,650 $8,910,650 $8,910,650 $8,910,650 TOTAL FEDERAL FUNDS $19,098,161 $19,098,161 $19,525,057 $19,525,057 Federal Funds Not Itemized $6,391,975 $6,391,975 $6,818,871 $6,818,871 Maternal & Child Health Services Block Grant CFDA93.994 $470,537 $470,537 $470,537 $470,537 Medical Assistance Program CFDA93.778 $335,432 $335,432 $335,432 $335,432 Preventive Health & Health Services Block Grant $41,694 $41,694 $41,694 $41,694 CFDA93.991 Temporary Assistance for Needy Families $11,858,523 $11,858,523 $11,858,523 $11,858,523 Temporary Assistance for Needy Families Block Grant $11,858,523 $11,858,523 $11,858,523 $11,858,523 CFDA 93.558 TOTAL PUBLIC FUNDS $28,008,811 $28,008,811 $28,435,707 $28,435,707 Council on Aging Continuation Budget 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 STATE FUNDS $148,951 $148,951 $148,951 $148,951 State General Funds $148,951 $148,951 $148,951 $148,951 2304 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $148,951 $148,951 $148,951 $148,951 241. Council on Aging Appropriation (HB1026) 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 STATE FUNDS $148,951 $148,951 $148,951 $148,951 State General Funds $148,951 $148,951 $148,951 $148,951 TOTAL PUBLIC FUNDS $148,951 $148,951 $148,951 $148,951 Brain and Spinal Injury Trust Fund Continuation Budget 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 STATE FUNDS $3,000,000 $3,000,000 $3,000,000 $3,000,000 Brain and Spinal Injury Trust Fund $3,000,000 $3,000,000 $3,000,000 $3,000,000 TOTAL PUBLIC FUNDS $3,000,000 $3,000,000 $3,000,000 $3,000,000 Statewide Changes 242.1 WC, GTA, and GBA State General Funds $499 $499 $499 $499 242. Brain and Spinal Injury Trust Fund Appropriation (HB1026) 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 STATE FUNDS $3,000,499 $3,000,499 $3,000,499 $3,000,499 Brain and Spinal Injury Trust Fund $3,000,000 $3,000,000 $3,000,000 $3,000,000 State General Funds $499 $499 $499 $499 TOTAL PUBLIC FUNDS $3,000,499 $3,000,499 $3,000,499 $3,000,499 Children's Trust Fund Commission Continuation Budget 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 STATE FUNDS $6,932,873 $6,932,873 $6,932,873 $6,932,873 State General Funds $5,660,703 $5,660,703 $5,660,703 $5,660,703 Tobacco Settlement Funds $1,272,170 $1,272,170 $1,272,170 $1,272,170 TOTAL PUBLIC FUNDS $6,932,873 $6,932,873 $6,932,873 $6,932,873 WEDNESDAY, MARCH 8, 2006 2305 Statewide Changes 243.1 WC, GTA, and GBA State General Funds $333 $333 $333 $333 243. Children's Trust Fund Commission Appropriation (HB1026) 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 STATE FUNDS $6,933,206 $6,933,206 $6,933,206 $6,933,206 State General Funds $5,661,036 $5,661,036 $5,661,036 $5,661,036 Tobacco Settlement Funds $1,272,170 $1,272,170 $1,272,170 $1,272,170 TOTAL PUBLIC FUNDS $6,933,206 $6,933,206 $6,933,206 $6,933,206 Developmental Disabilities, Governor's Council on Continuation Budget The purpose is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $29,241 $29,241 $29,241 $29,241 State General Funds $29,241 $29,241 $29,241 $29,241 TOTAL FEDERAL FUNDS $2,248,393 $2,248,393 $2,248,393 $2,248,393 Federal Funds Not Itemized $2,248,393 $2,248,393 $2,248,393 $2,248,393 TOTAL PUBLIC FUNDS $2,277,634 $2,277,634 $2,277,634 $2,277,634 244. Developmental Disabilities, Governor's Council on Appropriation (HB1026) The purpose is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $29,241 $29,241 $29,241 $29,241 State General Funds $29,241 $29,241 $29,241 $29,241 TOTAL FEDERAL FUNDS $2,248,393 $2,248,393 $2,248,393 $2,248,393 Federal Funds Not Itemized $2,248,393 $2,248,393 $2,248,393 $2,248,393 TOTAL PUBLIC FUNDS $2,277,634 $2,277,634 $2,277,634 $2,277,634 Changes in Who is Served by the Program 426.11 Add funds for the Katie Beckett waiver for families who don't meet the new criteria used starting October 2005. This funding will be the sole funding for those families as they are not going to be eligible for Federal Matching funds. (CC: One-time state appropriated funds authorizing DHR to select a fiscal intermediary to establish an independently operated Foundation who will determine the vehicle for distributing the funds.) State General Funds $3,600,000 $7,600,000 2306 JOURNAL OF THE HOUSE 426. Assistance to Disabled Children Appropriation (HB1026) The purpose of this appropriation is to provide reimbursements for health care services delivered after April 1, 2006 for children who qualify under the Social Security Income clinically eligible criteria but not the income eligibility criteria and are not covered by any other government program for the same services. TOTAL STATE FUNDS $3,600,000 $7,600,000 State General Funds $3,600,000 $7,600,000 TOTAL PUBLIC FUNDS $3,600,000 $7,600,000 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. Section 28: Insurance, Department of TOTAL STATE FUNDS State General Funds Section Total - Continuation $16,814,408 $16,814,408 $16,814,408 $16,814,408 $16,814,408 $16,814,408 $16,814,408 $16,814,408 WEDNESDAY, MARCH 8, 2006 2307 TOTAL FEDERAL FUNDS $954,555 $954,555 $954,555 $954,555 Federal Funds Not Itemized $954,555 $954,555 $954,555 $954,555 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $81,945 $81,945 $81,945 $81,945 TOTAL PUBLIC FUNDS $17,850,908 $17,850,908 $17,850,908 $17,850,908 Section Total - Final TOTAL STATE FUNDS $16,825,711 $16,825,711 $16,825,711 $16,825,711 State General Funds $16,825,711 $16,825,711 $16,825,711 $16,825,711 TOTAL FEDERAL FUNDS $954,555 $954,555 $954,555 $954,555 Federal Funds Not Itemized $954,555 $954,555 $954,555 $954,555 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $81,945 $81,945 $81,945 $81,945 TOTAL PUBLIC FUNDS $17,862,211 $17,862,211 $17,862,211 $17,862,211 Departmental Administration Continuation Budget 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 STATE FUNDS $2,203,831 $2,203,831 $2,203,831 $2,203,831 State General Funds $2,203,831 $2,203,831 $2,203,831 $2,203,831 TOTAL PUBLIC FUNDS $2,203,831 $2,203,831 $2,203,831 $2,203,831 Statewide Changes 245.1 WC, GTA, and GBA State General Funds $1,545 $1,545 $1,545 $1,545 245. Departmental Administration Appropriation (HB1026) 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 STATE FUNDS $2,205,376 $2,205,376 $2,205,376 $2,205,376 State General Funds $2,205,376 $2,205,376 $2,205,376 $2,205,376 TOTAL PUBLIC FUNDS $2,205,376 $2,205,376 $2,205,376 $2,205,376 Enforcement Continuation Budget 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 STATE FUNDS $767,482 $767,482 $767,482 $767,482 State General Funds $767,482 $767,482 $767,482 $767,482 2308 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $767,482 $767,482 $767,482 $767,482 Statewide Changes 246.1 WC, GTA, and GBA State General Funds $518 $518 $518 $518 246. Enforcement Appropriation (HB1026) 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 STATE FUNDS $768,000 $768,000 $768,000 $768,000 State General Funds $768,000 $768,000 $768,000 $768,000 TOTAL PUBLIC FUNDS $768,000 $768,000 $768,000 $768,000 Fire Safety Continuation Budget 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 STATE FUNDS $4,955,173 $4,955,173 $4,955,173 $4,955,173 State General Funds $4,955,173 $4,955,173 $4,955,173 $4,955,173 TOTAL FEDERAL FUNDS $954,555 $954,555 $954,555 $954,555 Federal Funds Not Itemized $954,555 $954,555 $954,555 $954,555 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $81,945 $81,945 $81,945 $81,945 Agency to Agency Contracts $81,945 $81,945 $81,945 $81,945 TOTAL PUBLIC FUNDS $5,991,673 $5,991,673 $5,991,673 $5,991,673 Statewide Changes 247.1 WC, GTA, and GBA State General Funds $3,318 $3,318 $3,318 $3,318 247. Fire Safety Appropriation (HB1026) 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 STATE FUNDS $4,958,491 $4,958,491 $4,958,491 $4,958,491 State General Funds $4,958,491 $4,958,491 $4,958,491 $4,958,491 TOTAL FEDERAL FUNDS $954,555 $954,555 $954,555 $954,555 Federal Funds Not Itemized $954,555 $954,555 $954,555 $954,555 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $81,945 $81,945 $81,945 $81,945 WEDNESDAY, MARCH 8, 2006 2309 Agency to Agency Contracts $81,945 $81,945 $81,945 $81,945 TOTAL PUBLIC FUNDS $5,994,991 $5,994,991 $5,994,991 $5,994,991 Industrial Loan Continuation Budget The purpose is to protect consumers by licensing, regulating and examining finance companies that provide consumer loans of $3,000 or less. TOTAL STATE FUNDS $688,827 $688,827 $688,827 $688,827 State General Funds $688,827 $688,827 $688,827 $688,827 TOTAL PUBLIC FUNDS $688,827 $688,827 $688,827 $688,827 Statewide Changes 248.1 WC, GTA, and GBA State General Funds $463 $463 $463 $463 248. Industrial Loan Appropriation (HB1026) The purpose is to protect consumers by licensing, regulating and examining finance companies that provide consumer loans of $3,000 or less. TOTAL STATE FUNDS $689,290 $689,290 $689,290 $689,290 State General Funds $689,290 $689,290 $689,290 $689,290 TOTAL PUBLIC FUNDS $689,290 $689,290 $689,290 $689,290 Insurance Regulation Continuation Budget The purpose is to ensure that licensed insurance entities maintain solvency, comply with state law and adopt rules, regulations, and standards. TOTAL STATE FUNDS $5,396,059 $5,396,059 $5,396,059 $5,396,059 State General Funds $5,396,059 $5,396,059 $5,396,059 $5,396,059 TOTAL PUBLIC FUNDS $5,396,059 $5,396,059 $5,396,059 $5,396,059 Statewide Changes 249.1 WC, GTA, and GBA State General Funds $3,717 $3,717 $3,717 $3,717 249. Insurance Regulation Appropriation (HB1026) The purpose is to ensure that licensed insurance entities maintain solvency, comply with state law and adopt rules, regulations, and standards. TOTAL STATE FUNDS $5,399,776 $5,399,776 $5,399,776 $5,399,776 State General Funds $5,399,776 $5,399,776 $5,399,776 $5,399,776 2310 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $5,399,776 $5,399,776 $5,399,776 Special Fraud Continuation Budget The purpose is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $2,803,036 $2,803,036 $2,803,036 State General Funds $2,803,036 $2,803,036 $2,803,036 TOTAL PUBLIC FUNDS $2,803,036 $2,803,036 $2,803,036 Statewide Changes 250.1 WC, GTA, and GBA State General Funds $1,742 $1,742 $1,742 250. Special Fraud Appropriation (HB1026) The purpose is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $2,804,778 $2,804,778 $2,804,778 State General Funds $2,804,778 $2,804,778 $2,804,778 TOTAL PUBLIC FUNDS $2,804,778 $2,804,778 $2,804,778 $5,399,776 $2,803,036 $2,803,036 $2,803,036 $1,742 $2,804,778 $2,804,778 $2,804,778 Section 29: Investigation, Georgia Bureau of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Section Total - Continuation $62,410,151 $62,410,151 $62,410,151 $62,410,151 $62,410,151 $62,410,151 $62,410,151 $62,410,151 $29,876,675 $29,876,675 $29,876,675 $29,876,675 $29,876,675 $29,876,675 $29,876,675 $29,876,675 $4,671,438 $4,671,438 $4,671,438 $4,671,438 $4,671,438 $4,671,438 $4,671,438 $4,671,438 $96,958,264 $96,958,264 $96,958,264 Section Total - Final $96,958,264 $62,575,557 $62,575,557 $63,075,557 $62,825,557 $62,575,557 $62,575,557 $63,075,557 $62,825,557 $29,876,675 $29,876,675 $59,775,752 $59,775,752 $29,876,675 $29,876,675 $59,775,752 $59,775,752 $4,671,438 $4,671,438 $8,903,344 $8,903,344 $170,542 $170,542 WEDNESDAY, MARCH 8, 2006 2311 Sales and Services $4,671,438 $4,671,438 $8,732,802 $8,732,802 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $13,453 $13,453 TOTAL PUBLIC FUNDS $97,123,670 $97,123,670 $131,768,106 $131,518,106 Bureau Administration Continuation Budget 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 STATE FUNDS $9,463,895 $9,463,895 $9,463,895 $9,463,895 State General Funds $9,463,895 $9,463,895 $9,463,895 $9,463,895 TOTAL PUBLIC FUNDS $9,463,895 $9,463,895 $9,463,895 $9,463,895 Statewide Changes 251.1 WC, GTA, and GBA State General Funds $5,650 $5,650 $5,650 $5,650 One-Time Expense 251.2 Replace boiler at GBI headquarters. State General Funds $100,000 $100,000 $100,000 $100,000 Changes in the Size of the Program 251.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds for management training, garage for bomb trucks and the Employee Assistance Program. Federal Funds Not Itemized $103,000 $103,000 251. Bureau Administration Appropriation (HB1026) 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 STATE FUNDS $9,569,545 $9,569,545 $9,569,545 $9,569,545 State General Funds $9,569,545 $9,569,545 $9,569,545 $9,569,545 TOTAL FEDERAL FUNDS $103,000 $103,000 Federal Funds Not Itemized $103,000 $103,000 TOTAL PUBLIC FUNDS $9,569,545 $9,569,545 $9,672,545 $9,672,545 Centralized Scientific Services Continuation Budget The purpose is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. TOTAL STATE FUNDS $12,160,701 $12,160,701 $12,160,701 $12,160,701 State General Funds $12,160,701 $12,160,701 $12,160,701 $12,160,701 2312 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $12,160,701 $12,160,701 $12,160,701 $12,160,701 Statewide Changes 252.1 WC, GTA, and GBA State General Funds $13,840 $13,840 $13,840 $13,840 One-Time Expense 252.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in agency funds received from reimbursements for medical investigative services. Rebates, Refunds, and Reimbursements Not Itemized $152,009 $152,009 Changes in the Size of the Program 252.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds received from various grants. Federal Funds Not Itemized $714,872 $714,872 TOTAL PUBLIC FUNDS $714,872 $714,872 252. Centralized Scientific Services Appropriation (HB1026) The purpose is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. TOTAL STATE FUNDS $12,174,541 $12,174,541 $12,174,541 $12,174,541 State General Funds $12,174,541 $12,174,541 $12,174,541 $12,174,541 TOTAL FEDERAL FUNDS $714,872 $714,872 Federal Funds Not Itemized $714,872 $714,872 TOTAL AGENCY FUNDS $152,009 $152,009 Rebates, Refunds, and Reimbursements $152,009 $152,009 Rebates, Refunds, and Reimbursements Not Itemized $152,009 $152,009 TOTAL PUBLIC FUNDS $12,174,541 $12,174,541 $13,041,422 $13,041,422 Criminal Justice Information Services Continuation Budget The purpose is to provide fingerprint identification and processing of criminal history source documents to create and update criminal history records. TOTAL STATE FUNDS $9,252,470 $9,252,470 $9,252,470 $9,252,470 State General Funds $9,252,470 $9,252,470 $9,252,470 $9,252,470 TOTAL PUBLIC FUNDS $9,252,470 $9,252,470 $9,252,470 $9,252,470 Statewide Changes 253.1 WC, GTA, and GBA WEDNESDAY, MARCH 8, 2006 2313 State General Funds $9,911 $9,911 $9,911 $9,911 Changes in the Size of the Program 253.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds for work units, homeland security projects, telephone system upgrade, and computer-based training. Federal Funds Not Itemized $14,248,099 $14,248,099 TOTAL PUBLIC FUNDS $14,248,099 $14,248,099 253. Criminal Justice Information Services Appropriation (HB1026) The purpose is to provide fingerprint identification and processing of criminal history source documents to create and update criminal history records. TOTAL STATE FUNDS $9,262,381 $9,262,381 $9,262,381 $9,262,381 State General Funds $9,262,381 $9,262,381 $9,262,381 $9,262,381 TOTAL FEDERAL FUNDS $14,248,099 $14,248,099 Federal Funds Not Itemized $14,248,099 $14,248,099 TOTAL PUBLIC FUNDS $9,262,381 $9,262,381 $23,510,480 $23,510,480 Georgia Information Sharing and Analysis Center Continuation Budget 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 STATE FUNDS $775,258 $775,258 $775,258 $775,258 State General Funds $775,258 $775,258 $775,258 $775,258 TOTAL PUBLIC FUNDS $775,258 $775,258 $775,258 $775,258 Statewide Changes 254.1 WC, GTA, and GBA State General Funds $990 $990 $990 $990 Changes in the Size of the Program 254.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds awarded for homeland security projects. Federal Funds Not Itemized $1,080,476 $1,080,476 TOTAL PUBLIC FUNDS $1,080,476 $1,080,476 254. Georgia Information Sharing and Analysis Center Appropriation (HB1026) 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. 2314 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $776,248 $776,248 $776,248 $776,248 State General Funds $776,248 $776,248 $776,248 $776,248 TOTAL FEDERAL FUNDS $1,080,476 $1,080,476 Federal Funds Not Itemized $1,080,476 $1,080,476 TOTAL PUBLIC FUNDS $776,248 $776,248 $1,856,724 $1,856,724 Regional Forensic Services Continuation Budget The purpose is to provide pathology services to determine cause and manner of death. TOTAL STATE FUNDS $7,926,106 $7,926,106 $7,926,106 $7,926,106 State General Funds $7,926,106 $7,926,106 $7,926,106 $7,926,106 TOTAL PUBLIC FUNDS $7,926,106 $7,926,106 $7,926,106 $7,926,106 Statewide Changes 255.1 WC, GTA, and GBA State General Funds $8,901 $8,901 $8,901 $8,901 255. Regional Forensic Services Appropriation (HB1026) The purpose is to provide pathology services to determine cause and manner of death. TOTAL STATE FUNDS $7,935,007 $7,935,007 $7,935,007 $7,935,007 State General Funds $7,935,007 $7,935,007 $7,935,007 $7,935,007 TOTAL PUBLIC FUNDS $7,935,007 $7,935,007 $7,935,007 $7,935,007 Regional Investigative Services Continuation Budget The purpose is to identify, collect, preserve, and process evidence located during crime scene examinations. TOTAL STATE FUNDS $19,213,518 $19,213,518 $19,213,518 $19,213,518 State General Funds $19,213,518 $19,213,518 $19,213,518 $19,213,518 TOTAL PUBLIC FUNDS $19,213,518 $19,213,518 $19,213,518 $19,213,518 Statewide Changes 256.1 WC, GTA, and GBA State General Funds $22,833 $22,833 $22,833 $22,833 One-Time Expense 256.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds received from insurance recovery to pay for a replacement vehicle. Rebates, Refunds, and Reimbursements Not Itemized $18,533 $18,533 Changes in the Size of the Program WEDNESDAY, MARCH 8, 2006 2315 256.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognizing agency funds to pay for the assessment center promotion board, management training, federal overtime, and a radio operator position. Federal Funds Not Itemized $1,445,886 $1,445,886 Agency to Agency Contracts $13,453 $13,453 TOTAL PUBLIC FUNDS $1,459,339 $1,459,339 256. Regional Investigative Services Appropriation (HB1026) The purpose is to identify, collect, preserve, and process evidence located during crime scene examinations. TOTAL STATE FUNDS $19,236,351 $19,236,351 $19,236,351 $19,236,351 State General Funds $19,236,351 $19,236,351 $19,236,351 $19,236,351 TOTAL FEDERAL FUNDS $1,445,886 $1,445,886 Federal Funds Not Itemized $1,445,886 $1,445,886 TOTAL AGENCY FUNDS $18,533 $18,533 Rebates, Refunds, and Reimbursements $18,533 $18,533 Rebates, Refunds, and Reimbursements Not Itemized $18,533 $18,533 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $13,453 $13,453 Agency to Agency Contracts $13,453 $13,453 TOTAL PUBLIC FUNDS $19,236,351 $19,236,351 $20,714,223 $20,714,223 Special Operations Unit Continuation Budget 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 STATE FUNDS $673,951 $673,951 $673,951 $673,951 State General Funds $673,951 $673,951 $673,951 $673,951 TOTAL PUBLIC FUNDS $673,951 $673,951 $673,951 $673,951 Statewide Changes 257.1 WC, GTA, and GBA State General Funds $788 $788 $788 $788 Changes in the Size of the Program 257.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds awarded for homeland security projects. Federal Funds Not Itemized $3,696,148 $3,696,148 2316 JOURNAL OF THE HOUSE 257. Special Operations Unit Appropriation (HB1026) 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 STATE FUNDS $674,739 $674,739 $674,739 $674,739 State General Funds $674,739 $674,739 $674,739 $674,739 TOTAL FEDERAL FUNDS $3,696,148 $3,696,148 Federal Funds Not Itemized $3,696,148 $3,696,148 TOTAL PUBLIC FUNDS $674,739 $674,739 $4,370,887 $4,370,887 State Healthcare Fraud Unit Continuation Budget The purpose is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. TOTAL STATE FUNDS $1,092,276 $1,092,276 $1,092,276 $1,092,276 State General Funds $1,092,276 $1,092,276 $1,092,276 $1,092,276 TOTAL PUBLIC FUNDS $1,092,276 $1,092,276 $1,092,276 $1,092,276 Statewide Changes 258.1 WC, GTA, and GBA State General Funds $697 $697 $697 $697 Changes in the Size of the Program 258.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognizing agency funds received from court ordered restitutions. Federal Funds Not Itemized $1,305,438 $1,305,438 Sales and Services Not Itemized $20,364 $20,364 TOTAL PUBLIC FUNDS $1,325,802 $1,325,802 258. State Healthcare Fraud Unit Appropriation (HB1026) The purpose is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. TOTAL STATE FUNDS $1,092,973 $1,092,973 $1,092,973 $1,092,973 State General Funds $1,092,973 $1,092,973 $1,092,973 $1,092,973 TOTAL FEDERAL FUNDS $1,305,438 $1,305,438 Federal Funds Not Itemized $1,305,438 $1,305,438 TOTAL AGENCY FUNDS $20,364 $20,364 Sales and Services $20,364 $20,364 Sales and Services Not Itemized $20,364 $20,364 WEDNESDAY, MARCH 8, 2006 2317 TOTAL PUBLIC FUNDS $1,092,973 $1,092,973 $2,418,775 $2,418,775 Task Forces Continuation Budget The purpose is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. TOTAL STATE FUNDS $1,033,347 $1,033,347 $1,033,347 $1,033,347 State General Funds $1,033,347 $1,033,347 $1,033,347 $1,033,347 TOTAL PUBLIC FUNDS $1,033,347 $1,033,347 $1,033,347 $1,033,347 Statewide Changes 259.1 WC, GTA, and GBA State General Funds $1,409 $1,409 $1,409 $1,409 Changes in the Size of the Program 259.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds for the High Intensity Drug Traffic Areas program. Federal Funds Not Itemized $151,627 $151,627 259. Task Forces Appropriation (HB1026) The purpose is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. TOTAL STATE FUNDS $1,034,756 $1,034,756 $1,034,756 $1,034,756 State General Funds $1,034,756 $1,034,756 $1,034,756 $1,034,756 TOTAL FEDERAL FUNDS $151,627 $151,627 Federal Funds Not Itemized $151,627 $151,627 TOTAL PUBLIC FUNDS $1,034,756 $1,034,756 $1,186,383 $1,186,383 Criminal Justice Coordinating Council Continuation Budget 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 STATE FUNDS $818,629 $818,629 $818,629 $818,629 State General Funds $818,629 $818,629 $818,629 $818,629 TOTAL FEDERAL FUNDS $29,876,675 $29,876,675 $29,876,675 $29,876,675 Federal Funds Not Itemized $29,876,675 $29,876,675 $29,876,675 $29,876,675 TOTAL AGENCY FUNDS $4,671,438 $4,671,438 $4,671,438 $4,671,438 Sales and Services $4,671,438 $4,671,438 $4,671,438 $4,671,438 Sales and Services Not Itemized $4,671,438 $4,671,438 $4,671,438 $4,671,438 TOTAL PUBLIC FUNDS $35,366,742 $35,366,742 $35,366,742 $35,366,742 2318 JOURNAL OF THE HOUSE Statewide Changes 260.1 WC, GTA, and GBA State General Funds $387 $387 $387 $387 One-Time Expense 260.7 Grants to assist Sheriffs in the implementation of Court House Security plans. State General Funds $500,000 $250,000 Changes in the Size of the Program 260.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to provide direct services to crime victims. Federal Funds Not Itemized $40,000 $40,000 260.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to improve the criminal justice system's response to violence against women. Federal Funds Not Itemized $344,194 $344,194 260.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to provide training and equipment to local law enforcement. Federal Funds Not Itemized $727,337 $727,337 260.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to control violent, drug related crime, and support national drug control priorities. Federal Funds Not Itemized $6,042,000 $6,042,000 260.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in agency funds collected from the Crime Victim Emergency Fund. Sales and Services Not Itemized $4,041,000 $4,041,000 260. Criminal Justice Coordinating Council Appropriation (HB1026) 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 STATE FUNDS $819,016 $819,016 $1,319,016 $1,069,016 State General Funds $819,016 $819,016 $1,319,016 $1,069,016 TOTAL FEDERAL FUNDS $29,876,675 $29,876,675 $37,030,206 $37,030,206 Federal Funds Not Itemized $29,876,675 $29,876,675 $37,030,206 $37,030,206 TOTAL AGENCY FUNDS $4,671,438 $4,671,438 $8,712,438 $8,712,438 Sales and Services $4,671,438 $4,671,438 $8,712,438 $8,712,438 WEDNESDAY, MARCH 8, 2006 2319 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,671,438 $35,367,129 $4,671,438 $35,367,129 $8,712,438 $47,061,660 $8,712,438 $46,811,660 Section 30: Juvenile Justice, Department of Section Total - Continuation TOTAL STATE FUNDS $284,564,467 $284,564,467 $284,564,467 $284,564,467 State General Funds $284,564,467 $284,564,467 $284,564,467 $284,564,467 TOTAL FEDERAL FUNDS $21,119,067 $21,119,067 $21,119,067 $21,119,067 Federal Funds Not Itemized $6,748,847 $6,748,847 $6,748,847 $6,748,847 Foster Care Title IV-E CFDA93.658 $5,237,264 $5,237,264 $5,237,264 $5,237,264 Medical Assistance Program CFDA93.778 $9,132,956 $9,132,956 $9,132,956 $9,132,956 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $144,960 $144,960 $144,960 $144,960 TOTAL PUBLIC FUNDS $305,828,494 $305,828,494 $305,828,494 $305,828,494 Section Total - Final TOTAL STATE FUNDS $284,895,413 $284,895,413 $284,895,413 $284,895,413 State General Funds $284,895,413 $284,895,413 $284,895,413 $284,895,413 TOTAL FEDERAL FUNDS $21,119,067 $21,119,067 $33,761,506 $33,761,406 Federal Funds Not Itemized $6,748,847 $6,748,847 $19,344,698 $19,344,598 Foster Care Title IV-E CFDA93.658 $5,237,264 $5,237,264 $5,237,264 $5,237,264 Medical Assistance Program CFDA93.778 $9,132,956 $9,132,956 $9,179,544 $9,179,544 TOTAL AGENCY FUNDS $108,577 $148,560 Reserved Fund Balances $88,092 $88,092 Sales and Services $20,485 $60,468 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $144,960 $144,960 $545,744 $508,281 TOTAL PUBLIC FUNDS $306,159,440 $306,159,440 $319,311,240 $319,313,660 Community Supervision Continuation Budget The purpose is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens. TOTAL STATE FUNDS $36,202,265 $36,202,265 $36,202,265 $36,202,265 State General Funds $36,202,265 $36,202,265 $36,202,265 $36,202,265 TOTAL FEDERAL FUNDS $4,347,003 $4,347,003 $4,347,003 $4,347,003 2320 JOURNAL OF THE HOUSE Foster Care Title IV-E CFDA93.658 $4,291,027 $4,291,027 $4,291,027 $4,291,027 Medical Assistance Program CFDA93.778 $55,976 $55,976 $55,976 $55,976 TOTAL PUBLIC FUNDS $40,549,268 $40,549,268 $40,549,268 $40,549,268 Statewide Changes 261.1 WC, GTA, and GBA State General Funds $53,298 $53,298 $53,298 $53,298 Changes in the Size of the Program 261.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognizing agency funds for operating expenses, education, and workforce training. Federal Funds Not Itemized $1,067,024 $1,067,024 Reserved Fund Balances Not Itemized $44,336 $44,336 TOTAL PUBLIC FUNDS $1,111,360 $1,111,360 261. Community Supervision Appropriation (HB1026) The purpose is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens. TOTAL STATE FUNDS $36,255,563 $36,255,563 $36,255,563 $36,255,563 State General Funds $36,255,563 $36,255,563 $36,255,563 $36,255,563 TOTAL FEDERAL FUNDS $4,347,003 $4,347,003 $5,414,027 $5,414,027 Federal Funds Not Itemized $1,067,024 $1,067,024 Foster Care Title IV-E CFDA93.658 $4,291,027 $4,291,027 $4,291,027 $4,291,027 Medical Assistance Program CFDA93.778 $55,976 $55,976 $55,976 $55,976 TOTAL AGENCY FUNDS $44,336 $44,336 Reserved Fund Balances $44,336 $44,336 Reserved Fund Balances Not Itemized $44,336 $44,336 TOTAL PUBLIC FUNDS $40,602,566 $40,602,566 $41,713,926 $41,713,926 Departmental Administration Continuation Budget 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 STATE FUNDS $26,168,662 $26,168,662 $26,168,662 $26,168,662 State General Funds $26,168,662 $26,168,662 $26,168,662 $26,168,662 TOTAL FEDERAL FUNDS $198,219 $198,219 $198,219 $198,219 WEDNESDAY, MARCH 8, 2006 2321 Federal Funds Not Itemized $177,621 $177,621 $177,621 $177,621 Medical Assistance Program CFDA93.778 $20,598 $20,598 $20,598 $20,598 TOTAL PUBLIC FUNDS $26,366,881 $26,366,881 $26,366,881 $26,366,881 Statewide Changes 262.1 WC, GTA, and GBA State General Funds $29,240 $29,240 $29,240 $29,240 Changes in the Size of the Program 262.2 Transfer funds from the Non-Secure Commitment program and the Secure Commitment program. State General Funds $177,557 $177,557 $177,557 $177,557 262.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognize agency funds for operating expenses, substance abuse treatment, and workforce training. Federal Funds Not Itemized $2,586,606 $2,586,606 Medical Assistance Program CFDA93.778 $46,588 $46,588 Sales and Services Not Itemized $7,385 $9,905 TOTAL PUBLIC FUNDS $2,640,579 $2,643,099 262. Departmental Administration Appropriation (HB1026) 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 STATE FUNDS $26,375,459 $26,375,459 $26,375,459 $26,375,459 State General Funds $26,375,459 $26,375,459 $26,375,459 $26,375,459 TOTAL FEDERAL FUNDS $198,219 $198,219 $2,831,413 $2,831,413 Federal Funds Not Itemized $177,621 $177,621 $2,764,227 $2,764,227 Medical Assistance Program CFDA93.778 $20,598 $20,598 $67,186 $67,186 TOTAL AGENCY FUNDS $7,385 $9,905 Sales and Services $7,385 $9,905 Sales and Services Not Itemized $7,385 $9,905 TOTAL PUBLIC FUNDS $26,573,678 $26,573,678 $29,214,257 $29,216,777 Non-secure Commitment Continuation Budget 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 STATE FUNDS $38,464,748 $38,464,748 $38,464,748 $38,464,748 2322 JOURNAL OF THE HOUSE State General Funds $38,464,748 $38,464,748 $38,464,748 $38,464,748 TOTAL FEDERAL FUNDS $10,002,619 $10,002,619 $10,002,619 $10,002,619 Foster Care Title IV-E CFDA93.658 $946,237 $946,237 $946,237 $946,237 Medical Assistance Program CFDA93.778 $9,056,382 $9,056,382 $9,056,382 $9,056,382 TOTAL PUBLIC FUNDS $48,467,367 $48,467,367 $48,467,367 $48,467,367 Statewide Changes 263.1 WC, GTA, and GBA State General Funds $941 $941 $941 $941 Changes in the Size of the Program 263.2 Transfer funds to the Administration program and the Secure Detention program. State General Funds ($468,733) ($468,733) ($468,733) ($468,733) 263. Non-secure Commitment Appropriation (HB1026) 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 STATE FUNDS $37,996,956 $37,996,956 $37,996,956 $37,996,956 State General Funds $37,996,956 $37,996,956 $37,996,956 $37,996,956 TOTAL FEDERAL FUNDS $10,002,619 $10,002,619 $10,002,619 $10,002,619 Foster Care Title IV-E CFDA93.658 $946,237 $946,237 $946,237 $946,237 Medical Assistance Program CFDA93.778 $9,056,382 $9,056,382 $9,056,382 $9,056,382 TOTAL PUBLIC FUNDS $47,999,575 $47,999,575 $47,999,575 $47,999,575 Non-secure Detention Continuation Budget 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 STATE FUNDS $9,088,116 $9,088,116 $9,088,116 $9,088,116 State General Funds $9,088,116 $9,088,116 $9,088,116 $9,088,116 TOTAL PUBLIC FUNDS $9,088,116 $9,088,116 $9,088,116 $9,088,116 Statewide Changes 264.1 WC, GTA, and GBA State General Funds $2,574 $2,574 $2,574 $2,574 WEDNESDAY, MARCH 8, 2006 2323 264. Non-secure Detention Appropriation (HB1026) 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 STATE FUNDS $9,090,690 $9,090,690 $9,090,690 $9,090,690 State General Funds $9,090,690 $9,090,690 $9,090,690 $9,090,690 TOTAL PUBLIC FUNDS $9,090,690 $9,090,690 $9,090,690 $9,090,690 Secure Commitment (YDCs) Continuation Budget The purpose is to protect the public, hold youth accountable for their actions, and assist juvenile offenders in becoming law-abiding citizens. TOTAL STATE FUNDS $83,766,215 $83,766,215 $83,766,215 $83,766,215 State General Funds $83,766,215 $83,766,215 $83,766,215 $83,766,215 TOTAL FEDERAL FUNDS $3,302,426 $3,302,426 $3,302,426 $3,302,426 Federal Funds Not Itemized $3,302,426 $3,302,426 $3,302,426 $3,302,426 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $48,800 $48,800 $48,800 $48,800 Agency to Agency Contracts $48,800 $48,800 $48,800 $48,800 TOTAL PUBLIC FUNDS $87,117,441 $87,117,441 $87,117,441 $87,117,441 Statewide Changes 265.1 WC, GTA, and GBA State General Funds $104,402 $104,402 $104,402 $104,402 Changes in the Size of the Program 265.2 Transfer funds to the Administration program and the Secure Detention program. State General Funds ($58,011) ($58,011) ($58,011) ($58,011) 265.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognize agency funds for operating expenses, substance abuse treatment, and workforce training. Federal Funds Not Itemized $1,143,476 $1,143,476 Sales and Services Not Itemized $37,463 Agency to Agency Contracts $37,463 $0 TOTAL PUBLIC FUNDS $1,180,939 $1,180,939 265. Secure Commitment (YDCs) Appropriation (HB1026) The purpose is to protect the public, hold youth accountable for their actions, and assist juvenile offenders in becoming law-abiding citizens. 2324 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $83,812,606 $83,812,606 $83,812,606 $83,812,606 State General Funds $83,812,606 $83,812,606 $83,812,606 $83,812,606 TOTAL FEDERAL FUNDS $3,302,426 $3,302,426 $4,445,902 $4,445,902 Federal Funds Not Itemized $3,302,426 $3,302,426 $4,445,902 $4,445,902 TOTAL AGENCY FUNDS $37,463 Sales and Services $37,463 Sales and Services Not Itemized $37,463 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $48,800 $48,800 $86,263 $48,800 Agency to Agency Contracts $48,800 $48,800 $86,263 $48,800 TOTAL PUBLIC FUNDS $87,163,832 $87,163,832 $88,344,771 $88,344,771 Secure Detention (RYDCs) Continuation Budget 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 STATE FUNDS $89,536,547 $89,536,547 $89,536,547 $89,536,547 State General Funds $89,536,547 $89,536,547 $89,536,547 $89,536,547 TOTAL FEDERAL FUNDS $1,407,800 $1,407,800 $1,407,800 $1,407,800 Federal Funds Not Itemized $1,407,800 $1,407,800 $1,407,800 $1,407,800 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $96,160 $96,160 $96,160 $96,160 Agency to Agency Contracts $96,160 $96,160 $96,160 $96,160 TOTAL PUBLIC FUNDS $91,040,507 $91,040,507 $91,040,507 $91,040,507 Statewide Changes 266.1 WC, GTA, and GBA State General Funds $139,972 $139,972 $139,972 $139,972 Changes in the Size of the Program 266.2 Transfer funds from the Non-Secure Commitment program and the Secure Commitment program. State General Funds $349,187 $349,187 $349,187 $349,187 266.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds for education programs for youth. Federal Funds Not Itemized $43,885 $43,885 WEDNESDAY, MARCH 8, 2006 2325 266. Secure Detention (RYDCs) Appropriation (HB1026) 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 STATE FUNDS $90,025,706 $90,025,706 $90,025,706 $90,025,706 State General Funds $90,025,706 $90,025,706 $90,025,706 $90,025,706 TOTAL FEDERAL FUNDS $1,407,800 $1,407,800 $1,451,685 $1,451,685 Federal Funds Not Itemized $1,407,800 $1,407,800 $1,451,685 $1,451,685 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $96,160 $96,160 $96,160 $96,160 Agency to Agency Contracts $96,160 $96,160 $96,160 $96,160 TOTAL PUBLIC FUNDS $91,529,666 $91,529,666 $91,573,551 $91,573,551 Children and Youth Coordinating Council Continuation Budget The purpose is to assist local communities in preventing and reducing juvenile delinquency. TOTAL STATE FUNDS $1,337,914 $1,337,914 $1,337,914 $1,337,914 State General Funds $1,337,914 $1,337,914 $1,337,914 $1,337,914 TOTAL FEDERAL FUNDS $1,861,000 $1,861,000 $1,861,000 $1,861,000 Federal Funds Not Itemized $1,861,000 $1,861,000 $1,861,000 $1,861,000 TOTAL PUBLIC FUNDS $3,198,914 $3,198,914 $3,198,914 $3,198,914 Statewide Changes 267.1 WC, GTA, and GBA State General Funds $519 $519 $519 $519 Changes in the Size of the Program 267.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognize agency funds for operating expenses and various grants. Federal Funds Not Itemized $7,754,860 $7,754,760 Reserved Fund Balances Not Itemized $43,756 $43,756 Sales and Services Not Itemized $13,100 $13,100 Agency to Agency Contracts $363,321 $363,321 TOTAL PUBLIC FUNDS $8,175,037 $8,174,937 267. Children and Youth Coordinating Council Appropriation (HB1026) The purpose is to assist local communities in preventing and reducing juvenile delinquency. TOTAL STATE FUNDS $1,338,433 $1,338,433 $1,338,433 $1,338,433 2326 JOURNAL OF THE HOUSE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency to Agency Contracts TOTAL PUBLIC FUNDS Section 31: Labor, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $1,338,433 $1,861,000 $1,861,000 $3,199,433 $1,338,433 $1,861,000 $1,861,000 $3,199,433 $1,338,433 $9,615,860 $9,615,860 $56,856 $43,756 $43,756 $13,100 $13,100 $363,321 $363,321 $11,374,470 $1,338,433 $9,615,760 $9,615,760 $56,856 $43,756 $43,756 $13,100 $13,100 $363,321 $363,321 $11,374,370 Section Total - Continuation $51,010,633 $51,010,633 $51,010,633 $51,010,633 $51,010,633 $51,010,633 $51,010,633 $51,010,633 $273,983,612 $273,983,612 $273,983,612 $273,983,612 $261,082,394 $261,082,394 $261,082,394 $261,082,394 $12,901,218 $12,901,218 $12,901,218 $12,901,218 $30,335,111 $30,335,111 $30,335,111 $30,335,111 $30,335,111 $30,335,111 $30,335,111 $30,335,111 $355,329,356 $355,329,356 $355,329,356 Section Total - Final $355,329,356 $53,757,359 $53,757,359 $53,816,359 $53,816,359 $53,757,359 $53,757,359 $53,816,359 $53,816,359 $273,983,612 $273,983,612 $271,409,563 $271,409,563 $261,082,394 $261,082,394 $261,409,563 $261,409,563 $12,901,218 $12,901,218 $10,000,000 $10,000,000 $30,335,111 $30,335,111 $30,335,111 $30,335,111 $30,335,111 $30,335,111 $30,335,111 $30,335,111 $358,076,082 $358,076,082 $355,561,033 $355,561,033 WEDNESDAY, MARCH 8, 2006 2327 Business Enterprise Program Continuation Budget The purpose is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $339,720 $339,720 $339,720 $339,720 State General Funds $339,720 $339,720 $339,720 $339,720 TOTAL FEDERAL FUNDS $1,316,085 $1,316,085 $1,316,085 $1,316,085 Federal Funds Not Itemized $1,316,085 $1,316,085 $1,316,085 $1,316,085 TOTAL PUBLIC FUNDS $1,655,805 $1,655,805 $1,655,805 $1,655,805 Statewide Changes 268.1 WC, GTA, and GBA State General Funds $825 $825 $825 $825 268. Business Enterprise Program Appropriation (HB1026) The purpose is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $340,545 $340,545 $340,545 $340,545 State General Funds $340,545 $340,545 $340,545 $340,545 TOTAL FEDERAL FUNDS $1,316,085 $1,316,085 $1,316,085 $1,316,085 Federal Funds Not Itemized $1,316,085 $1,316,085 $1,316,085 $1,316,085 TOTAL PUBLIC FUNDS $1,656,630 $1,656,630 $1,656,630 $1,656,630 Department of Labor Administration Continuation Budget 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 STATE FUNDS $3,236,310 $3,236,310 $3,236,310 $3,236,310 State General Funds $3,236,310 $3,236,310 $3,236,310 $3,236,310 TOTAL FEDERAL FUNDS $10,859,310 $10,859,310 $10,859,310 $10,859,310 Federal Funds Not Itemized $10,859,310 $10,859,310 $10,859,310 $10,859,310 TOTAL PUBLIC FUNDS $14,095,620 $14,095,620 $14,095,620 $14,095,620 Statewide Changes 269.1 WC, GTA, and GBA State General Funds $11,464 $11,464 $11,464 $11,464 269. Department of Labor Administration Appropriation (HB1026) The purpose is to work with public and private partners in building a world-class workforce system that contributes to Georgia's economic prosperity. 2328 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $3,247,774 $3,247,774 $3,247,774 $3,247,774 State General Funds $3,247,774 $3,247,774 $3,247,774 $3,247,774 TOTAL FEDERAL FUNDS $10,859,310 $10,859,310 $10,859,310 $10,859,310 Federal Funds Not Itemized $10,859,310 $10,859,310 $10,859,310 $10,859,310 TOTAL PUBLIC FUNDS $14,107,084 $14,107,084 $14,107,084 $14,107,084 Disability Adjudication Section Continuation Budget The purpose is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. TOTAL FEDERAL FUNDS $55,598,820 $55,598,820 $55,598,820 $55,598,820 Federal Funds Not Itemized $55,598,820 $55,598,820 $55,598,820 $55,598,820 TOTAL PUBLIC FUNDS $55,598,820 $55,598,820 $55,598,820 $55,598,820 270. Disability Adjudication Section Appropriation (HB1026) The purpose is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. TOTAL FEDERAL FUNDS $55,598,820 $55,598,820 $55,598,820 $55,598,820 Federal Funds Not Itemized $55,598,820 $55,598,820 $55,598,820 $55,598,820 TOTAL PUBLIC FUNDS $55,598,820 $55,598,820 $55,598,820 $55,598,820 Division of Rehabilitation Administration Continuation Budget The purpose is to help people with disabilities to become fully productive members of society by achieving independence and meaningful employment. TOTAL STATE FUNDS $2,167,612 $2,167,612 $2,167,612 $2,167,612 State General Funds $2,167,612 $2,167,612 $2,167,612 $2,167,612 TOTAL FEDERAL FUNDS $1,481,868 $1,481,868 $1,481,868 $1,481,868 Federal Funds Not Itemized $1,481,868 $1,481,868 $1,481,868 $1,481,868 TOTAL PUBLIC FUNDS $3,649,480 $3,649,480 $3,649,480 $3,649,480 Statewide Changes 271.1 WC, GTA, and GBA State General Funds $5,090 $5,090 $5,090 $5,090 271. Division of Rehabilitation Administration Appropriation (HB1026) The purpose is to help people with disabilities to become fully productive members of society by achieving independence and meaningful employment. WEDNESDAY, MARCH 8, 2006 2329 TOTAL STATE FUNDS $2,172,702 $2,172,702 $2,172,702 $2,172,702 State General Funds $2,172,702 $2,172,702 $2,172,702 $2,172,702 TOTAL FEDERAL FUNDS $1,481,868 $1,481,868 $1,481,868 $1,481,868 Federal Funds Not Itemized $1,481,868 $1,481,868 $1,481,868 $1,481,868 TOTAL PUBLIC FUNDS $3,654,570 $3,654,570 $3,654,570 $3,654,570 Georgia Industries for the Blind Continuation Budget The purpose is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL STATE FUNDS $692,348 $692,348 $692,348 $692,348 State General Funds $692,348 $692,348 $692,348 $692,348 TOTAL AGENCY FUNDS $11,099,375 $11,099,375 $11,099,375 $11,099,375 Sales and Services $11,099,375 $11,099,375 $11,099,375 $11,099,375 Sales and Services Not Itemized $11,099,375 $11,099,375 $11,099,375 $11,099,375 TOTAL PUBLIC FUNDS $11,791,723 $11,791,723 $11,791,723 $11,791,723 Statewide Changes 272.1 WC, GTA, and GBA State General Funds $3,204 $3,204 $3,204 $3,204 272. Georgia Industries for the Blind Appropriation (HB1026) The purpose is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL STATE FUNDS $695,552 $695,552 $695,552 $695,552 State General Funds $695,552 $695,552 $695,552 $695,552 TOTAL AGENCY FUNDS $11,099,375 $11,099,375 $11,099,375 $11,099,375 Sales and Services $11,099,375 $11,099,375 $11,099,375 $11,099,375 Sales and Services Not Itemized $11,099,375 $11,099,375 $11,099,375 $11,099,375 TOTAL PUBLIC FUNDS $11,794,927 $11,794,927 $11,794,927 $11,794,927 Labor Market Information Continuation Budget The purpose is to collect, analyze, and publish a wide array of information about the state's labor market. TOTAL STATE FUNDS $671,271 $671,271 $671,271 $671,271 State General Funds $671,271 $671,271 $671,271 $671,271 TOTAL FEDERAL FUNDS $2,249,873 $2,249,873 $2,249,873 $2,249,873 Federal Funds Not Itemized $2,249,873 $2,249,873 $2,249,873 $2,249,873 TOTAL PUBLIC FUNDS $2,921,144 $2,921,144 $2,921,144 $2,921,144 2330 JOURNAL OF THE HOUSE Statewide Changes 273.1 WC, GTA, and GBA State General Funds $2,717 $2,717 $2,717 $2,717 Changes in Operations / Administration 273.2 Increase funding (S and CC:Per 42 U.S.C. 503(a)(1) move funds collected under Administrative Assessments to eligible programs). State General Funds $65,154 $65,154 $0 $0 273. Labor Market Information Appropriation (HB1026) The purpose is to collect, analyze, and publish a wide array of information about the state's labor market. TOTAL STATE FUNDS $739,142 $739,142 $673,988 $673,988 State General Funds $739,142 $739,142 $673,988 $673,988 TOTAL FEDERAL FUNDS $2,249,873 $2,249,873 $2,249,873 $2,249,873 Federal Funds Not Itemized $2,249,873 $2,249,873 $2,249,873 $2,249,873 TOTAL PUBLIC FUNDS $2,989,015 $2,989,015 $2,923,861 $2,923,861 Roosevelt Warm Springs Institute Continuation Budget The purpose is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $6,662,908 $6,662,908 $6,662,908 $6,662,908 State General Funds $6,662,908 $6,662,908 $6,662,908 $6,662,908 TOTAL FEDERAL FUNDS $6,237,969 $6,237,969 $6,237,969 $6,237,969 Federal Funds Not Itemized $6,237,969 $6,237,969 $6,237,969 $6,237,969 TOTAL AGENCY FUNDS $18,429,520 $18,429,520 $18,429,520 $18,429,520 Sales and Services $18,429,520 $18,429,520 $18,429,520 $18,429,520 Sales and Services Not Itemized $18,429,520 $18,429,520 $18,429,520 $18,429,520 TOTAL PUBLIC FUNDS $31,330,397 $31,330,397 $31,330,397 $31,330,397 Statewide Changes 274.1 WC, GTA, and GBA State General Funds $21,008 $21,008 $21,008 $21,008 One-Time Expense 274.2 Increase funding to cover expense of housing a group home displaced by Hurricane Katrina. (S and CC:Per 42 U.S.C. 503(a)(1) move funds collected under Administrative Assessments to eligible programs). State General Funds $41,127 $41,127 $0 $0 WEDNESDAY, MARCH 8, 2006 2331 Changes in How the Program is Funded 274.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Federal Funds Not Itemized $140,953 $140,953 274. Roosevelt Warm Springs Institute Appropriation (HB1026) The purpose is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $6,725,043 $6,725,043 $6,683,916 $6,683,916 State General Funds $6,725,043 $6,725,043 $6,683,916 $6,683,916 TOTAL FEDERAL FUNDS $6,237,969 $6,237,969 $6,378,922 $6,378,922 Federal Funds Not Itemized $6,237,969 $6,237,969 $6,378,922 $6,378,922 TOTAL AGENCY FUNDS $18,429,520 $18,429,520 $18,429,520 $18,429,520 Sales and Services $18,429,520 $18,429,520 $18,429,520 $18,429,520 Sales and Services Not Itemized $18,429,520 $18,429,520 $18,429,520 $18,429,520 TOTAL PUBLIC FUNDS $31,392,532 $31,392,532 $31,492,358 $31,492,358 Safety Inspections Continuation Budget 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 STATE FUNDS $2,664,002 $2,664,002 $2,664,002 $2,664,002 State General Funds $2,664,002 $2,664,002 $2,664,002 $2,664,002 TOTAL FEDERAL FUNDS $168,552 $168,552 $168,552 $168,552 Federal Funds Not Itemized $168,552 $168,552 $168,552 $168,552 TOTAL PUBLIC FUNDS $2,832,554 $2,832,554 $2,832,554 $2,832,554 Statewide Changes 275.1 WC, GTA, and GBA State General Funds $9,261 $9,261 $9,261 $9,261 275. Safety Inspections Appropriation (HB1026) 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 STATE FUNDS $2,673,263 $2,673,263 $2,673,263 $2,673,263 State General Funds $2,673,263 $2,673,263 $2,673,263 $2,673,263 TOTAL FEDERAL FUNDS $168,552 $168,552 $168,552 $168,552 2332 JOURNAL OF THE HOUSE Federal Funds Not Itemized $168,552 $168,552 $168,552 $168,552 TOTAL PUBLIC FUNDS $2,841,815 $2,841,815 $2,841,815 $2,841,815 Unemployment Insurance Continuation Budget 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 STATE FUNDS $10,056,056 $10,056,056 $10,056,056 $10,056,056 State General Funds $10,056,056 $10,056,056 $10,056,056 $10,056,056 TOTAL FEDERAL FUNDS $36,610,816 $36,610,816 $36,610,816 $36,610,816 Federal Funds Not Itemized $36,610,816 $36,610,816 $36,610,816 $36,610,816 TOTAL PUBLIC FUNDS $46,666,872 $46,666,872 $46,666,872 $46,666,872 Statewide Changes 276.1 WC, GTA, and GBA State General Funds $37,285 $37,285 $37,285 $37,285 One-Time Expense 276.2 Increase funding due to an increase of 13,000 unemployment claims by evacuees of Hurricane Katrina. This funding is for claims processing only. Unemployment benefits paid to these evacuees are charged to their home state's unemployment trust fund (S and CC:Per 42 U.S.C. 503(a)(1) move funds collected under Administrative Assessments to eligible programs). State General Funds $930,966 $930,966 $930,966 $930,966 276. Unemployment Insurance Appropriation (HB1026) 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 STATE FUNDS $11,024,307 $11,024,307 $11,024,307 $11,024,307 State General Funds $11,024,307 $11,024,307 $11,024,307 $11,024,307 TOTAL FEDERAL FUNDS $36,610,816 $36,610,816 $36,610,816 $36,610,816 Federal Funds Not Itemized $36,610,816 $36,610,816 $36,610,816 $36,610,816 TOTAL PUBLIC FUNDS $47,635,123 $47,635,123 $47,635,123 $47,635,123 Vocational Rehabilitation Program Continuation Budget The purpose is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $16,784,521 $16,784,521 $16,784,521 $16,784,521 State General Funds $16,784,521 $16,784,521 $16,784,521 $16,784,521 WEDNESDAY, MARCH 8, 2006 2333 TOTAL FEDERAL FUNDS $68,844,924 $68,844,924 $68,844,924 $68,844,924 Federal Funds Not Itemized $66,344,924 $66,344,924 $66,344,924 $66,344,924 Temporary Assistance for Needy Families $2,500,000 $2,500,000 $2,500,000 $2,500,000 Temporary Assistance for Needy Families Block Grant $2,500,000 $2,500,000 $2,500,000 $2,500,000 CFDA 93.558 TOTAL AGENCY FUNDS $806,216 $806,216 $806,216 $806,216 Sales and Services $806,216 $806,216 $806,216 $806,216 Sales and Services Not Itemized $806,216 $806,216 $806,216 $806,216 TOTAL PUBLIC FUNDS $86,435,661 $86,435,661 $86,435,661 $86,435,661 Statewide Changes 277.1 WC, GTA, and GBA State General Funds $29,318 $29,318 $29,318 $29,318 Changes in Operations / Administration 277.3 Reduce funding to projected expenditures based on SFY 2005 cost levels. Temporary Assistance for Needy Families Block Grant CFDA ($800,000) ($800,000) 93.558 One-Time Expense 277.2 Increase funding to cover expense of serving those displaced by Hurricane Katrina. (S and CC:Per 42 U.S.C. 503(a)(1) move funds collected under Administrative Assessments to eligible programs). State General Funds $182,654 $182,654 $0 $0 277.4 Provide supplemental funding for the Georgia Radio Reading Service. State General Funds $59,000 $59,000 Changes in How the Program is Funded 277.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal and agency funds that support current operations. Federal Funds Not Itemized $186,216 $186,216 277. Vocational Rehabilitation Program Appropriation (HB1026) The purpose is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $16,996,493 $16,996,493 $16,872,839 $16,872,839 State General Funds $16,996,493 $16,996,493 $16,872,839 $16,872,839 TOTAL FEDERAL FUNDS $68,844,924 $68,844,924 $68,231,140 $68,231,140 2334 JOURNAL OF THE HOUSE Federal Funds Not Itemized $66,344,924 $66,344,924 $66,531,140 $66,531,140 Temporary Assistance for Needy Families $2,500,000 $2,500,000 $1,700,000 $1,700,000 Temporary Assistance for Needy Families Block Grant $2,500,000 $2,500,000 $1,700,000 $1,700,000 CFDA 93.558 TOTAL AGENCY FUNDS $806,216 $806,216 $806,216 $806,216 Sales and Services $806,216 $806,216 $806,216 $806,216 Sales and Services Not Itemized $806,216 $806,216 $806,216 $806,216 TOTAL PUBLIC FUNDS $86,647,633 $86,647,633 $85,910,195 $85,910,195 Workforce Development Continuation Budget The purpose is to assist employers and job seekers with job matching services and to promote economic growth and development. TOTAL STATE FUNDS $7,642,713 $7,642,713 $7,642,713 $7,642,713 State General Funds $7,642,713 $7,642,713 $7,642,713 $7,642,713 TOTAL FEDERAL FUNDS $90,615,395 $90,615,395 $90,615,395 $90,615,395 Federal Funds Not Itemized $80,214,177 $80,214,177 $80,214,177 $80,214,177 Temporary Assistance for Needy Families $10,401,218 $10,401,218 $10,401,218 $10,401,218 Temporary Assistance for Needy Families Block Grant $10,401,218 $10,401,218 $10,401,218 $10,401,218 CFDA 93.558 TOTAL PUBLIC FUNDS $98,258,108 $98,258,108 $98,258,108 $98,258,108 Statewide Changes 278.1 WC, GTA, and GBA State General Funds $26,554 $26,554 $26,554 $26,554 Changes in Operations / Administration 278.3 Reduce funding to projected expenditures based on SFY 2005 cost levels. Temporary Assistance for Needy Families Block Grant CFDA ($2,101,218) ($2,101,218) 93.558 One-Time Expense 278.2 Increase funding due to higher expenditures at career centers and fairs for Hurricane Katrina evacuees. (S and CC:Per 42 U.S.C. 503(a)(1) move funds collected under Administrative Assessments to eligible programs). State General Funds $1,380,099 $1,380,099 $1,669,034 $1,669,034 WEDNESDAY, MARCH 8, 2006 2335 278. Workforce Development Appropriation (HB1026) The purpose is to assist employers and job seekers with job matching services and to promote economic growth and development. TOTAL STATE FUNDS $9,049,366 $9,049,366 $9,338,301 $9,338,301 State General Funds $9,049,366 $9,049,366 $9,338,301 $9,338,301 TOTAL FEDERAL FUNDS $90,615,395 $90,615,395 $88,514,177 $88,514,177 Federal Funds Not Itemized $80,214,177 $80,214,177 $80,214,177 $80,214,177 Temporary Assistance for Needy Families $10,401,218 $10,401,218 $8,300,000 $8,300,000 Temporary Assistance for Needy Families Block Grant $10,401,218 $10,401,218 $8,300,000 $8,300,000 CFDA 93.558 TOTAL PUBLIC FUNDS $99,664,761 $99,664,761 $97,852,478 $97,852,478 Commission on Women Continuation Budget The purpose is to advance health, education, economic, social and legal status of women in Georgia. TOTAL STATE FUNDS $93,172 $93,172 $93,172 $93,172 State General Funds $93,172 $93,172 $93,172 $93,172 TOTAL PUBLIC FUNDS $93,172 $93,172 $93,172 $93,172 279. Commission on Women Appropriation (HB1026) The purpose is to advance health, education, economic, social and legal status of women in Georgia. TOTAL STATE FUNDS $93,172 $93,172 $93,172 $93,172 State General Funds $93,172 $93,172 $93,172 $93,172 TOTAL PUBLIC FUNDS $93,172 $93,172 $93,172 $93,172 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. 2336 JOURNAL OF THE HOUSE Section 32: Law, Department of Section Total - Continuation TOTAL STATE FUNDS $13,659,592 $13,659,592 $13,659,592 $13,659,592 State General Funds $13,659,592 $13,659,592 $13,659,592 $13,659,592 TOTAL AGENCY FUNDS $795,143 $795,143 $795,143 $795,143 Contributions, Donations, and Forfeitures $794,143 $794,143 $794,143 $794,143 Sales and Services $1,000 $1,000 $1,000 $1,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $21,006,280 $21,006,280 $21,006,280 $21,006,280 TOTAL PUBLIC FUNDS $35,461,015 $35,461,015 $35,461,015 $35,461,015 Section Total - Final TOTAL STATE FUNDS $13,826,570 $13,826,570 $13,826,570 $13,826,570 State General Funds $13,826,570 $13,826,570 $13,826,570 $13,826,570 TOTAL AGENCY FUNDS $795,143 $795,143 $816,543 $816,543 Contributions, Donations, and Forfeitures $794,143 $794,143 $815,543 $815,543 Sales and Services $1,000 $1,000 $1,000 $1,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $21,006,280 $21,006,280 $31,028,280 $31,028,280 TOTAL PUBLIC FUNDS $35,627,993 $35,627,993 $45,671,393 $45,671,393 Law, Department of Continuation Budget 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 STATE FUNDS $13,659,592 $13,659,592 $13,659,592 $13,659,592 State General Funds $13,659,592 $13,659,592 $13,659,592 $13,659,592 TOTAL AGENCY FUNDS $795,143 $795,143 $795,143 $795,143 Contributions, Donations, and Forfeitures $794,143 $794,143 $794,143 $794,143 Contributions, Donations, and Forfeitures Not Itemized $794,143 $794,143 $794,143 $794,143 Sales and Services $1,000 $1,000 $1,000 $1,000 Sales and Services Not Itemized $1,000 $1,000 $1,000 $1,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $21,006,280 $21,006,280 $21,006,280 $21,006,280 Legal Services - Client Reimbursable per 45-15-4 $21,006,280 $21,006,280 $21,006,280 $21,006,280 TOTAL PUBLIC FUNDS $35,461,015 $35,461,015 $35,461,015 $35,461,015 WEDNESDAY, MARCH 8, 2006 2337 Statewide Changes 280.1 WC, GTA, and GBA State General Funds $6,302 $6,302 $6,302 $6,302 One-Time Expense 280.2 Provide funds for financial review for sale of four public hospitals due to the Hospital Acquisition Act. State General Funds $160,676 $160,676 $160,676 $160,676 Changes in the Size of the Program 280.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing funds received from forfeitures and client reimbursements. Contributions, Donations, and Forfeitures Not Itemized $21,400 $21,400 Legal Services - Client Reimbursable per 45-15-4 $10,022,000 $10,022,000 TOTAL PUBLIC FUNDS $10,043,400 $10,043,400 280. Law, Department of Appropriation (HB1026) 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 STATE FUNDS $13,826,570 $13,826,570 $13,826,570 $13,826,570 State General Funds $13,826,570 $13,826,570 $13,826,570 $13,826,570 TOTAL AGENCY FUNDS $795,143 $795,143 $816,543 $816,543 Contributions, Donations, and Forfeitures $794,143 $794,143 $815,543 $815,543 Contributions, Donations, and Forfeitures Not Itemized $794,143 $794,143 $815,543 $815,543 Sales and Services $1,000 $1,000 $1,000 $1,000 Sales and Services Not Itemized $1,000 $1,000 $1,000 $1,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $21,006,280 $21,006,280 $31,028,280 $31,028,280 Legal Services - Client Reimbursable per 45-15-4 $21,006,280 $21,006,280 $31,028,280 $31,028,280 TOTAL PUBLIC FUNDS $35,627,993 $35,627,993 $45,671,393 $45,671,393 Section 33: State Merit System of Personnel Administration TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services Section Total - Continuation $1,337,147 $1,337,147 $1,337,147 $1,161,033 $1,161,033 $1,161,033 $176,114 $176,114 $176,114 $1,337,147 $1,161,033 $176,114 2338 JOURNAL OF THE HOUSE TOTAL INTRA-STATE GOVERNMENT TRANSFERS $12,273,022 $12,273,022 $12,273,022 TOTAL PUBLIC FUNDS $13,610,169 $13,610,169 $13,610,169 Section Total - Final TOTAL AGENCY FUNDS $1,337,147 $1,337,147 $1,533,844 Reserved Fund Balances $1,161,033 $1,161,033 $1,357,730 Sales and Services $176,114 $176,114 $176,114 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $12,279,322 $12,279,322 $16,765,442 TOTAL PUBLIC FUNDS $13,616,469 $13,616,469 $18,299,286 Recruitment and Staffing Services Continuation Budget The purpose is to provide a central point of contact for the general public. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,321,434 $1,321,434 $1,321,434 Merit System Assessments $1,247,721 $1,247,721 $1,247,721 Merit System Training and Compensation Fees $73,713 $73,713 $73,713 TOTAL PUBLIC FUNDS $1,321,434 $1,321,434 $1,321,434 Statewide Changes 281.1 WC, GTA, and GBA Merit System Assessments $1,027 $1,027 $1,027 281. Recruitment and Staffing Services Appropriation (HB1026) The purpose is to provide a central point of contact for the general public. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,322,461 $1,322,461 $1,322,461 Merit System Assessments $1,248,748 $1,248,748 $1,248,748 Merit System Training and Compensation Fees $73,713 $73,713 $73,713 TOTAL PUBLIC FUNDS $1,322,461 $1,322,461 $1,322,461 System Administration Continuation Budget The purpose is to provide administrative and technical support to the agency. TOTAL AGENCY FUNDS $49,578 $49,578 $49,578 Reserved Fund Balances $49,578 $49,578 $49,578 Reserved Fund Balances Not Itemized $49,578 $49,578 $49,578 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,167,679 $4,167,679 $4,167,679 Merit System Assessments $4,163,792 $4,163,792 $4,163,792 Merit System Training and Compensation Fees $3,887 $3,887 $3,887 $12,273,022 $13,610,169 $1,533,844 $1,357,730 $176,114 $16,765,442 $18,299,286 $1,321,434 $1,247,721 $73,713 $1,321,434 $1,027 $1,322,461 $1,248,748 $73,713 $1,322,461 $49,578 $49,578 $49,578 $4,167,679 $4,163,792 $3,887 WEDNESDAY, MARCH 8, 2006 2339 TOTAL PUBLIC FUNDS $4,217,257 $4,217,257 $4,217,257 $4,217,257 Statewide Changes 282.1 WC, GTA, and GBA Merit System Assessments $2,655 $2,655 $2,655 $2,655 One-Time Expense 282.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds used for reimbursements associated with travel costs. Merit System Assessments $2,090 $2,090 282. System Administration Appropriation (HB1026) The purpose is to provide administrative and technical support to the agency. TOTAL AGENCY FUNDS $49,578 $49,578 $49,578 $49,578 Reserved Fund Balances $49,578 $49,578 $49,578 $49,578 Reserved Fund Balances Not Itemized $49,578 $49,578 $49,578 $49,578 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,170,334 $4,170,334 $4,172,424 $4,172,424 Merit System Assessments $4,166,447 $4,166,447 $4,168,537 $4,168,537 Merit System Training and Compensation Fees $3,887 $3,887 $3,887 $3,887 TOTAL PUBLIC FUNDS $4,219,912 $4,219,912 $4,222,002 $4,222,002 Total Compensation and Rewards Continuation Budget The purpose is to ensure fair and consistent employee compensation practices across state agencies. TOTAL AGENCY FUNDS $1,287,569 $1,287,569 $1,287,569 $1,287,569 Reserved Fund Balances $1,111,455 $1,111,455 $1,111,455 $1,111,455 Reserved Fund Balances Not Itemized $1,111,455 $1,111,455 $1,111,455 $1,111,455 Sales and Services $176,114 $176,114 $176,114 $176,114 Sales and Services Not Itemized $176,114 $176,114 $176,114 $176,114 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,278,690 $3,278,690 $3,278,690 $3,278,690 Merit System Assessments $3,250,459 $3,250,459 $3,250,459 $3,250,459 Merit System Training and Compensation Fees $28,231 $28,231 $28,231 $28,231 TOTAL PUBLIC FUNDS $4,566,259 $4,566,259 $4,566,259 $4,566,259 Statewide Changes 283.1 WC, GTA, and GBA Merit System Assessments $1,730 $1,730 $1,730 $1,730 2340 JOURNAL OF THE HOUSE Changes in the Size of the Program 283.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds used for Commission for a New Georgia recommendations and PeopleSoft upgrades. Reserved Fund Balances Not Itemized $196,697 $196,697 Agency to Agency Contracts $2,350,000 $2,350,000 TOTAL PUBLIC FUNDS $2,546,697 $2,546,697 283. Total Compensation and Rewards Appropriation (HB1026) The purpose is to ensure fair and consistent employee compensation practices across state agencies. TOTAL AGENCY FUNDS $1,287,569 $1,287,569 $1,484,266 $1,484,266 Reserved Fund Balances $1,111,455 $1,111,455 $1,308,152 $1,308,152 Reserved Fund Balances Not Itemized $1,111,455 $1,111,455 $1,308,152 $1,308,152 Sales and Services $176,114 $176,114 $176,114 $176,114 Sales and Services Not Itemized $176,114 $176,114 $176,114 $176,114 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,280,420 $3,280,420 $5,630,420 $5,630,420 Agency to Agency Contracts $2,350,000 $2,350,000 Merit System Assessments $3,252,189 $3,252,189 $3,252,189 $3,252,189 Merit System Training and Compensation Fees $28,231 $28,231 $28,231 $28,231 TOTAL PUBLIC FUNDS $4,567,989 $4,567,989 $7,114,686 $7,114,686 Workforce Development and Alignment Continuation Budget 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 INTRA-STATE GOVERNMENT TRANSFERS $3,505,219 $3,505,219 $3,505,219 $3,505,219 Merit System Assessments $3,065,452 $3,065,452 $3,065,452 $3,065,452 Merit System Training and Compensation Fees $439,767 $439,767 $439,767 $439,767 TOTAL PUBLIC FUNDS $3,505,219 $3,505,219 $3,505,219 $3,505,219 Statewide Changes 284.1 WC, GTA, and GBA Merit System Assessments $888 $888 $888 $888 Changes in the Size of the Program 284.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for funds used for Commission for a New Georgia recommendations and mail, consulting, and legal expenses. WEDNESDAY, MARCH 8, 2006 2341 Agency to Agency Contracts $825,000 $825,000 Merit System Assessments $1,309,030 $1,309,030 TOTAL PUBLIC FUNDS $2,134,030 $2,134,030 284. Workforce Development and Alignment Appropriation (HB1026) 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 INTRA-STATE GOVERNMENT TRANSFERS $3,506,107 $3,506,107 $5,640,137 $5,640,137 Agency to Agency Contracts $825,000 $825,000 Merit System Assessments $3,066,340 $3,066,340 $4,375,370 $4,375,370 Merit System Training and Compensation Fees $439,767 $439,767 $439,767 $439,767 TOTAL PUBLIC FUNDS $3,506,107 $3,506,107 $5,640,137 $5,640,137 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 34: Natural Resources, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Administration Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS Section Total - Continuation $98,464,233 $98,464,233 $98,464,233 $98,464,233 $98,464,233 $98,464,233 $98,464,233 $98,464,233 $20,863,133 $20,863,133 $20,863,133 $20,863,133 $20,416,291 $20,416,291 $20,416,291 $20,416,291 $446,842 $446,842 $446,842 $446,842 $74,871,963 $74,871,963 $74,871,963 $677,763 $677,763 $677,763 $3,707,103 $3,707,103 $3,707,103 $16,276 $16,276 $16,276 $70,470,821 $70,470,821 $70,470,821 $194,199,329 $194,199,329 $194,199,329 Section Total - Final $114,020,721 $114,370,721 $114,370,721 $74,871,963 $677,763 $3,707,103 $16,276 $70,470,821 $194,199,329 $114,550,721 2342 JOURNAL OF THE HOUSE State General Funds $114,020,721 $114,370,721 $114,370,721 $114,550,721 TOTAL FEDERAL FUNDS $10,070,605 $10,070,605 $20,863,133 $20,863,133 Federal Funds Not Itemized $10,070,605 $10,070,605 $20,416,291 $20,416,291 Federal Highway Administration Planning & Construction $446,842 $446,842 CFDA20.205 TOTAL AGENCY FUNDS $25,491,011 $25,491,011 $74,385,997 $74,205,997 Reserved Fund Balances $103,913 $103,913 $857,763 $677,763 Intergovernmental Transfers $3,041,137 $3,041,137 $3,041,137 $3,041,137 Royalties and Rents $15,250 $15,250 $16,276 $16,276 Sales and Services $22,330,711 $22,330,711 $70,470,821 $70,470,821 TOTAL PUBLIC FUNDS $149,582,337 $149,932,337 $209,619,851 $209,619,851 Coastal Resources Continuation Budget 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 STATE FUNDS $2,323,120 $2,323,120 $2,323,120 $2,323,120 State General Funds $2,323,120 $2,323,120 $2,323,120 $2,323,120 TOTAL FEDERAL FUNDS $170,862 $170,862 $170,862 $170,862 Federal Funds Not Itemized $170,862 $170,862 $170,862 $170,862 TOTAL PUBLIC FUNDS $2,493,982 $2,493,982 $2,493,982 $2,493,982 Statewide Changes 285.1 WC, GTA, and GBA State General Funds $18,923 $18,923 $18,923 $18,923 One-Time Expense 285.2 Provide funds for replacing high-mileage motor vehicles in excess of 135,000 miles. State General Funds $39,000 $39,000 $39,000 $39,000 285. Coastal Resources Appropriation (HB1026) 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 STATE FUNDS $2,381,043 $2,381,043 $2,381,043 $2,381,043 State General Funds $2,381,043 $2,381,043 $2,381,043 $2,381,043 TOTAL FEDERAL FUNDS $170,862 $170,862 $170,862 $170,862 WEDNESDAY, MARCH 8, 2006 2343 Federal Funds Not Itemized $170,862 $170,862 $170,862 $170,862 TOTAL PUBLIC FUNDS $2,551,905 $2,551,905 $2,551,905 $2,551,905 Departmental Administration Continuation Budget The purpose of the program is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $9,368,088 $9,368,088 $9,368,088 $9,368,088 State General Funds $9,368,088 $9,368,088 $9,368,088 $9,368,088 TOTAL FEDERAL FUNDS $53,814 $53,814 $53,814 $53,814 Federal Funds Not Itemized $53,814 $53,814 $53,814 $53,814 TOTAL PUBLIC FUNDS $9,421,902 $9,421,902 $9,421,902 $9,421,902 Statewide Changes 286.1 WC, GTA, and GBA State General Funds $73,839 $73,839 $73,839 $73,839 Changes in How the Program is Funded 286.2 Remove fund sources. Federal Funds Not Itemized ($53,814) ($53,814) $0 $0 TOTAL PUBLIC FUNDS ($53,814) ($53,814) $0 $0 286. Departmental Administration Appropriation (HB1026) The purpose of the program is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $9,441,927 $9,441,927 $9,441,927 $9,441,927 State General Funds $9,441,927 $9,441,927 $9,441,927 $9,441,927 TOTAL FEDERAL FUNDS $53,814 $53,814 Federal Funds Not Itemized $53,814 $53,814 TOTAL PUBLIC FUNDS $9,441,927 $9,441,927 $9,495,741 $9,495,741 Environmental Protection Continuation Budget 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 STATE FUNDS $26,207,788 $26,207,788 $26,207,788 $26,207,788 State General Funds $26,207,788 $26,207,788 $26,207,788 $26,207,788 TOTAL FEDERAL FUNDS $9,850,960 $9,850,960 $9,850,960 $9,850,960 Federal Funds Not Itemized $9,414,118 $9,414,118 $9,414,118 $9,414,118 Federal Highway Administration Planning & Construction $436,842 $436,842 $436,842 $436,842 2344 JOURNAL OF THE HOUSE CFDA20.205 TOTAL AGENCY FUNDS $50,258,738 $50,258,738 $50,258,738 $50,258,738 Sales and Services $50,258,738 $50,258,738 $50,258,738 $50,258,738 Sales and Services Not Itemized $50,258,738 $50,258,738 $50,258,738 $50,258,738 TOTAL PUBLIC FUNDS $86,317,486 $86,317,486 $86,317,486 $86,317,486 Statewide Changes 287.1 WC, GTA, and GBA State General Funds $301,441 $301,441 $301,441 $301,441 One-Time Expense 287.2 Provide additional funds for on-going water-related litigation. State General Funds $600,000 $600,000 $600,000 $600,000 Changes in How the Program is Funded 287.3 Remove fund sources. Federal Funds Not Itemized ($6,050,957) ($6,050,957) $0 $0 Federal Highway Administration Planning & Construction ($436,842) ($436,842) $0 $0 CFDA20.205 Sales and Services Not Itemized ($43,461,181) ($43,461,181) $0 $0 TOTAL PUBLIC FUNDS ($49,948,980) ($49,948,980) $0 $0 Changes in the Size of the Program 287.4 Transfer Solid Waste Trust Fund into the Environmental Protection program. State General Funds $1,500,000 $1,500,000 $0 $0 287.5 Transfer the Hazardous Waste Trust Fund into the Environmental Protection program. State General Funds $7,600,000 $7,600,000 $0 $0 Federal Funds Not Itemized $73,850 $73,850 $0 $0 TOTAL PUBLIC FUNDS $7,673,850 $7,673,850 $0 $0 287.6 Increase funding from $1.5 million to $4 million (S and CC: Funds are added into the Solid Waste Trust Fund program). State General Funds $2,503,092 $2,503,092 $0 $0 287.7 Increase funding from $7.6 million to $15.9 million (S and CC:Funds are added in the Hazardous Waste Trust Fund program). State General Funds $8,339,491 $8,339,491 $0 $0 WEDNESDAY, MARCH 8, 2006 2345 287. Environmental Protection Appropriation (HB1026) 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 STATE FUNDS $47,051,812 $47,051,812 $27,109,229 $27,109,229 State General Funds $47,051,812 $47,051,812 $27,109,229 $27,109,229 TOTAL FEDERAL FUNDS $3,437,011 $3,437,011 $9,850,960 $9,850,960 Federal Funds Not Itemized $3,437,011 $3,437,011 $9,414,118 $9,414,118 Federal Highway Administration Planning & Construction $436,842 $436,842 CFDA20.205 TOTAL AGENCY FUNDS $6,797,557 $6,797,557 $50,258,738 $50,258,738 Sales and Services $6,797,557 $6,797,557 $50,258,738 $50,258,738 Sales and Services Not Itemized $6,797,557 $6,797,557 $50,258,738 $50,258,738 TOTAL PUBLIC FUNDS $57,286,380 $57,286,380 $87,218,927 $87,218,927 Hazardous Waste Trust Fund Continuation Budget Investigate and clean up abandoned hazardous sites. TOTAL STATE FUNDS $7,600,000 $7,600,000 $7,600,000 $7,600,000 State General Funds $7,600,000 $7,600,000 $7,600,000 $7,600,000 TOTAL FEDERAL FUNDS $73,850 $73,850 $73,850 $73,850 Federal Funds Not Itemized $73,850 $73,850 $73,850 $73,850 TOTAL PUBLIC FUNDS $7,673,850 $7,673,850 $7,673,850 $7,673,850 Changes in the Size of the Program 288.1 Transfer the Hazardous Waste Trust Fund program into the Environmental Protection program. State General Funds ($7,600,000) ($7,600,000) $0 $0 Federal Funds Not Itemized ($73,850) ($73,850) $0 $0 TOTAL PUBLIC FUNDS ($7,673,850) ($7,673,850) $0 $0 288.2 Increase funding from $7.6 million to $15.9 million. State General Funds $8,339,491 $8,339,491 288. Hazardous Waste Trust Fund Appropriation (HB1026) Investigate and clean up abandoned hazardous sites. TOTAL STATE FUNDS $15,939,491 $15,939,491 State General Funds $15,939,491 $15,939,491 2346 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS $73,850 $73,850 Federal Funds Not Itemized $73,850 $73,850 TOTAL PUBLIC FUNDS $16,013,341 $16,013,341 Historic Preservation Continuation Budget The purpose is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations. TOTAL STATE FUNDS $1,904,709 $1,904,709 $1,904,709 $1,904,709 State General Funds $1,904,709 $1,904,709 $1,904,709 $1,904,709 TOTAL FEDERAL FUNDS $544,351 $544,351 $544,351 $544,351 Federal Funds Not Itemized $544,351 $544,351 $544,351 $544,351 TOTAL PUBLIC FUNDS $2,449,060 $2,449,060 $2,449,060 $2,449,060 Statewide Changes 289.1 WC, GTA, and GBA State General Funds $16,568 $16,568 $16,568 $16,568 Changes in How the Program is Funded 289.2 Remove fund sources. Federal Funds Not Itemized ($54,351) ($54,351) $0 $0 289. Historic Preservation Appropriation (HB1026) The purpose is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations. TOTAL STATE FUNDS $1,921,277 $1,921,277 $1,921,277 $1,921,277 State General Funds $1,921,277 $1,921,277 $1,921,277 $1,921,277 TOTAL FEDERAL FUNDS $490,000 $490,000 $544,351 $544,351 Federal Funds Not Itemized $490,000 $490,000 $544,351 $544,351 TOTAL PUBLIC FUNDS $2,411,277 $2,411,277 $2,465,628 $2,465,628 Land Conservation Continuation Budget The purpose is to provide a framework within which developed and rapidly developing counties, and their municipalities, can preserve community green space. TOTAL STATE FUNDS $415,605 $415,605 $415,605 $415,605 State General Funds $415,605 $415,605 $415,605 $415,605 TOTAL PUBLIC FUNDS $415,605 $415,605 $415,605 $415,605 WEDNESDAY, MARCH 8, 2006 2347 Statewide Changes 290.1 WC, GTA, and GBA State General Funds $3,051 $3,051 $3,051 $3,051 290. Land Conservation Appropriation (HB1026) The purpose is to provide a framework within which developed and rapidly developing counties, and their municipalities, can preserve community green space. TOTAL STATE FUNDS $418,656 $418,656 $418,656 $418,656 State General Funds $418,656 $418,656 $418,656 $418,656 TOTAL PUBLIC FUNDS $418,656 $418,656 $418,656 $418,656 Parks, Recreation and Historic Sites Continuation Budget The purpose is to increase the public awareness of the opportunities at the state parks and historic sites throughout Georgia. TOTAL STATE FUNDS $17,234,816 $17,234,816 $17,234,816 $17,234,816 State General Funds $17,234,816 $17,234,816 $17,234,816 $17,234,816 TOTAL FEDERAL FUNDS $855,941 $855,941 $855,941 $855,941 Federal Funds Not Itemized $845,941 $845,941 $845,941 $845,941 Federal Highway Administration Planning & Construction $10,000 $10,000 $10,000 $10,000 CFDA20.205 TOTAL AGENCY FUNDS $20,650,999 $20,650,999 $20,650,999 $20,650,999 Intergovernmental Transfers $3,707,103 $3,707,103 $3,707,103 $3,707,103 Intergovernmental Transfers Not Itemized $3,707,103 $3,707,103 $3,707,103 $3,707,103 Royalties and Rents $1,026 $1,026 $1,026 $1,026 Royalties and Rents Not Itemized $1,026 $1,026 $1,026 $1,026 Sales and Services $16,942,870 $16,942,870 $16,942,870 $16,942,870 Sales and Services Not Itemized $16,942,870 $16,942,870 $16,942,870 $16,942,870 TOTAL PUBLIC FUNDS $38,741,756 $38,741,756 $38,741,756 $38,741,756 Statewide Changes 291.1 WC, GTA, and GBA State General Funds $226,275 $226,275 $226,275 $226,275 One-Time Expense 291.2 Provide funds for replacing high-mileage motor vehicles in excess of 135,000 miles. 2348 JOURNAL OF THE HOUSE State General Funds $105,304 $105,304 $105,304 $105,304 291.6 Provide funds to be matched by $1,000,000 (S and CC:$900,000) in federal funds to develop Balls Ferry State Park in Wilkinson County. State General Funds $350,000 $225,000 $225,000 Changes in How the Program is Funded 291.3 Remove fund sources. Federal Highway Administration Planning & Construction ($10,000) ($10,000) $0 $0 CFDA20.205 Royalties and Rents Not Itemized ($1,026) ($1,026) $0 $0 Sales and Services Not Itemized ($2,004,125) ($2,004,125) $0 $0 TOTAL PUBLIC FUNDS ($2,015,151) ($2,015,151) $0 $0 291.4 Replace payments from the Lake Lanier Islands Development Authority with state general funds. State General Funds $665,966 $665,966 $665,966 $665,966 Intergovernmental Transfers Not Itemized ($665,966) ($665,966) ($665,966) ($665,966) TOTAL PUBLIC FUNDS $0 $0 $0 $0 291. Parks, Recreation and Historic Sites Appropriation (HB1026) The purpose is to increase the public awareness of the opportunities at the state parks and historic sites throughout Georgia. TOTAL STATE FUNDS $18,232,361 $18,582,361 $18,457,361 $18,457,361 State General Funds $18,232,361 $18,582,361 $18,457,361 $18,457,361 TOTAL FEDERAL FUNDS $845,941 $845,941 $855,941 $855,941 Federal Funds Not Itemized $845,941 $845,941 $845,941 $845,941 Federal Highway Administration Planning & Construction $10,000 $10,000 CFDA20.205 TOTAL AGENCY FUNDS $17,979,882 $17,979,882 $19,985,033 $19,985,033 Intergovernmental Transfers $3,041,137 $3,041,137 $3,041,137 $3,041,137 Intergovernmental Transfers Not Itemized $3,041,137 $3,041,137 $3,041,137 $3,041,137 Royalties and Rents $1,026 $1,026 Royalties and Rents Not Itemized $1,026 $1,026 Sales and Services $14,938,745 $14,938,745 $16,942,870 $16,942,870 Sales and Services Not Itemized $14,938,745 $14,938,745 $16,942,870 $16,942,870 WEDNESDAY, MARCH 8, 2006 2349 TOTAL PUBLIC FUNDS $37,058,184 $37,408,184 $39,298,335 $39,298,335 Pollution Prevention Assistance Continuation Budget The purpose is to reduce pollution by providing non-regulatory assistance. TOTAL AGENCY FUNDS $677,763 $677,763 $677,763 $677,763 Reserved Fund Balances $677,763 $677,763 $677,763 $677,763 Reserved Fund Balances Not Itemized $677,763 $677,763 $677,763 $677,763 TOTAL PUBLIC FUNDS $677,763 $677,763 $677,763 $677,763 Statewide Changes 292.1 WC, GTA, and GBA State General Funds $5,572 $5,572 $5,572 $5,572 Changes in How the Program is Funded 292.2 Remove fund sources. Reserved Fund Balances Not Itemized ($573,850) ($573,850) $0 $0 TOTAL PUBLIC FUNDS ($573,850) ($573,850) $0 $0 292. Pollution Prevention Assistance Appropriation (HB1026) The purpose is to reduce pollution by providing non-regulatory assistance. TOTAL STATE FUNDS $5,572 $5,572 $5,572 $5,572 State General Funds $5,572 $5,572 $5,572 $5,572 TOTAL AGENCY FUNDS $103,913 $103,913 $677,763 $677,763 Reserved Fund Balances $103,913 $103,913 $677,763 $677,763 Reserved Fund Balances Not Itemized $103,913 $103,913 $677,763 $677,763 TOTAL PUBLIC FUNDS $109,485 $109,485 $683,335 $683,335 Solid Waste Trust Fund Continuation Budget 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 STATE FUNDS $1,500,000 $1,500,000 $1,500,000 $1,500,000 State General Funds $1,500,000 $1,500,000 $1,500,000 $1,500,000 TOTAL PUBLIC FUNDS $1,500,000 $1,500,000 $1,500,000 $1,500,000 Changes in Operations / Administration 293.3 Increase funding to raise sunken boats along the Georgia coast. State General Funds $180,000 2350 JOURNAL OF THE HOUSE Reserved Fund Balances Not Itemized $180,000 $0 TOTAL PUBLIC FUNDS $180,000 Changes in the Size of the Program 293.1 Transfer the Solid Waste Trust Fund program into the Environmental Protection program. State General Funds ($1,500,000) ($1,500,000) $0 $0 293.2 Increase funding from $1.5 million to $4 million. State General Funds $2,503,092 $2,503,092 293. Solid Waste Trust Fund Appropriation (HB1026) 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 STATE FUNDS $4,003,092 $4,183,092 State General Funds $4,003,092 $4,183,092 TOTAL AGENCY FUNDS $180,000 Reserved Fund Balances $180,000 Reserved Fund Balances Not Itemized $180,000 TOTAL PUBLIC FUNDS $4,183,092 $4,183,092 Wildlife Resources Continuation Budget 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 STATE FUNDS $28,915,612 $28,915,612 $28,915,612 $28,915,612 State General Funds $28,915,612 $28,915,612 $28,915,612 $28,915,612 TOTAL FEDERAL FUNDS $9,313,355 $9,313,355 $9,313,355 $9,313,355 Federal Funds Not Itemized $9,313,355 $9,313,355 $9,313,355 $9,313,355 TOTAL AGENCY FUNDS $2,952,250 $2,952,250 $2,952,250 $2,952,250 Royalties and Rents $15,250 $15,250 $15,250 $15,250 Royalties and Rents Not Itemized $15,250 $15,250 $15,250 $15,250 Sales and Services $2,937,000 $2,937,000 $2,937,000 $2,937,000 Sales and Services Not Itemized $2,937,000 $2,937,000 $2,937,000 $2,937,000 TOTAL PUBLIC FUNDS $41,181,217 $41,181,217 $41,181,217 $41,181,217 Statewide Changes 294.1 WC, GTA, and GBA WEDNESDAY, MARCH 8, 2006 2351 State General Funds $293,764 $293,764 $293,764 $293,764 Changes in Operations / Administration 294.2 Provide funds for replacing high-mileage motor vehicles in excess of 135,000 miles. State General Funds $855,696 $855,696 $855,696 $855,696 294.5 Provide funds for road construction at the Ocmulgee Public Fishing Area in Bleckley and Pulaski counties. State General Funds $125,000 $125,000 Changes in How the Program is Funded 294.3 Remove fund sources. Federal Funds Not Itemized ($4,186,564) ($4,186,564) $0 $0 Sales and Services Not Itemized ($2,674,804) ($2,674,804) $0 $0 TOTAL PUBLIC FUNDS ($6,861,368) ($6,861,368) $0 $0 Changes in the Size of the Program 294.4 Provide funds for the Wildlife Endowment Fund. State General Funds $579,650 $579,650 $579,650 $579,650 294. Wildlife Resources Appropriation (HB1026) 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 STATE FUNDS $30,644,722 $30,644,722 $30,769,722 $30,769,722 State General Funds $30,644,722 $30,644,722 $30,769,722 $30,769,722 TOTAL FEDERAL FUNDS $5,126,791 $5,126,791 $9,313,355 $9,313,355 Federal Funds Not Itemized $5,126,791 $5,126,791 $9,313,355 $9,313,355 TOTAL AGENCY FUNDS $277,446 $277,446 $2,952,250 $2,952,250 Royalties and Rents $15,250 $15,250 $15,250 $15,250 Royalties and Rents Not Itemized $15,250 $15,250 $15,250 $15,250 Sales and Services $262,196 $262,196 $2,937,000 $2,937,000 Sales and Services Not Itemized $262,196 $262,196 $2,937,000 $2,937,000 TOTAL PUBLIC FUNDS $36,048,959 $36,048,959 $43,035,327 $43,035,327 Civil War Commission Continuation Budget 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. 2352 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $50,000 $50,000 $50,000 $50,000 State General Funds $50,000 $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 $50,000 295. Civil War Commission Appropriation (HB1026) 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 STATE FUNDS $50,000 $50,000 $50,000 $50,000 State General Funds $50,000 $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 $50,000 Georgia State Games Commission Continuation Budget The purpose is to improve the physical fitness of Georgians. TOTAL STATE FUNDS $50,149 $50,149 $50,149 $50,149 State General Funds $50,149 $50,149 $50,149 $50,149 TOTAL AGENCY FUNDS $332,213 $332,213 $332,213 $332,213 Sales and Services $332,213 $332,213 $332,213 $332,213 Sales and Services Not Itemized $332,213 $332,213 $332,213 $332,213 TOTAL PUBLIC FUNDS $382,362 $382,362 $382,362 $382,362 296. Georgia State Games Commission Appropriation (HB1026) The purpose is to improve the physical fitness of Georgians. TOTAL STATE FUNDS $50,149 $50,149 $50,149 $50,149 State General Funds $50,149 $50,149 $50,149 $50,149 TOTAL AGENCY FUNDS $332,213 $332,213 $332,213 $332,213 Sales and Services $332,213 $332,213 $332,213 $332,213 Sales and Services Not Itemized $332,213 $332,213 $332,213 $332,213 TOTAL PUBLIC FUNDS $382,362 $382,362 $382,362 $382,362 Payments to Georgia Agricultural Exposition Authority Continuation Budget 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 STATE FUNDS $1,601,868 $1,601,868 $1,601,868 $1,601,868 State General Funds $1,601,868 $1,601,868 $1,601,868 $1,601,868 WEDNESDAY, MARCH 8, 2006 2353 TOTAL PUBLIC FUNDS $1,601,868 $1,601,868 $1,601,868 $1,601,868 Statewide Changes 297.1 WC, GTA, and GBA State General Funds $2,935 $2,935 $2,935 $2,935 One-Time Expense 297.2 Provide funding for roadway improvements. State General Funds $625,000 $625,000 $625,000 $625,000 297. Payments to Georgia Agricultural Exposition Authority Appropriation (HB1026) 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 STATE FUNDS $2,229,803 $2,229,803 $2,229,803 $2,229,803 State General Funds $2,229,803 $2,229,803 $2,229,803 $2,229,803 TOTAL PUBLIC FUNDS $2,229,803 $2,229,803 $2,229,803 $2,229,803 Payments to Georgia Agrirama Development Authority Continuation Budget 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 STATE FUNDS $820,514 $820,514 $820,514 $820,514 State General Funds $820,514 $820,514 $820,514 $820,514 TOTAL PUBLIC FUNDS $820,514 $820,514 $820,514 $820,514 Statewide Changes 298.1 WC, GTA, and GBA State General Funds $921 $921 $921 $921 One-Time Expense 298.2 Provide funds for grounds improvements and facilities. State General Funds $300,000 $300,000 $300,000 $300,000 298. Payments to Georgia Agrirama Development Authority Appropriation (HB1026) 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 STATE FUNDS $1,121,435 $1,121,435 $1,121,435 $1,121,435 State General Funds $1,121,435 $1,121,435 $1,121,435 $1,121,435 TOTAL PUBLIC FUNDS $1,121,435 $1,121,435 $1,121,435 $1,121,435 2354 JOURNAL OF THE HOUSE Payments to Lake Allatoona Preservation Authority Continuation Budget TOTAL STATE FUNDS $100,000 $100,000 $100,000 $100,000 State General Funds $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $100,000 $100,000 $100,000 $100,000 299. Payments to Lake Allatoona Preservation Authority Appropriation (HB1026) TOTAL STATE FUNDS $100,000 $100,000 $100,000 $100,000 State General Funds $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $100,000 $100,000 $100,000 $100,000 Payments to Southwest Georgia Railroad Excursion Authority Continuation Budget 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 STATE FUNDS $371,964 $371,964 $371,964 $371,964 State General Funds $371,964 $371,964 $371,964 $371,964 TOTAL PUBLIC FUNDS $371,964 $371,964 $371,964 $371,964 300. Payments to Southwest Georgia Railroad Excursion Authority Appropriation (HB1026) 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 STATE FUNDS $371,964 $371,964 $371,964 $371,964 State General Funds $371,964 $371,964 $371,964 $371,964 TOTAL PUBLIC FUNDS $371,964 $371,964 $371,964 $371,964 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 $665,966; 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 - $679,346 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. WEDNESDAY, MARCH 8, 2006 2355 Section 35: Pardons and Paroles, State Board of Section Total - Continuation TOTAL STATE FUNDS $47,627,215 $47,627,215 $47,627,215 $47,627,215 State General Funds $47,627,215 $47,627,215 $47,627,215 $47,627,215 TOTAL FEDERAL FUNDS $100,000 $100,000 $100,000 $100,000 Federal Funds Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $47,727,215 $47,727,215 $47,727,215 $47,727,215 Section Total - Final TOTAL STATE FUNDS $48,312,603 $48,312,603 $48,312,603 $48,312,603 State General Funds $48,312,603 $48,312,603 $48,312,603 $48,312,603 TOTAL FEDERAL FUNDS $100,000 $100,000 $139,441 $138,169 Federal Funds Not Itemized $100,000 $100,000 $139,441 $138,169 TOTAL AGENCY FUNDS $27,736 $27,736 Rebates, Refunds, and Reimbursements $27,736 $27,736 TOTAL PUBLIC FUNDS $48,412,603 $48,412,603 $48,479,780 $48,478,508 Board Administration Continuation Budget The purpose is to provide administrative support for the agency. TOTAL STATE FUNDS $4,326,255 $4,326,255 $4,326,255 $4,326,255 State General Funds $4,326,255 $4,326,255 $4,326,255 $4,326,255 TOTAL FEDERAL FUNDS $100,000 $100,000 $100,000 $100,000 Federal Funds Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $4,426,255 $4,426,255 $4,426,255 $4,426,255 Statewide Changes 301.1 WC, GTA, and GBA State General Funds $3,543 $3,543 $3,543 $3,543 Changes in Operations / Administration 301.2 Provide additional funds for utilities, fuel and mileage reimbursement. State General Funds $20,652 $20,652 $20,652 $20,652 Changes in How the Program is Funded 301.4 Change base budget to correct fund source type. Federal Funds Not Itemized $0 $0 2356 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $0 $0 Changes in the Size of the Program 301.3 Redistribute funds from Parole Supervision. State General Funds $400,000 $400,000 $400,000 $400,000 301. Board Administration Appropriation (HB1026) The purpose is to provide administrative support for the agency. TOTAL STATE FUNDS $4,750,450 $4,750,450 $4,750,450 $4,750,450 State General Funds $4,750,450 $4,750,450 $4,750,450 $4,750,450 TOTAL FEDERAL FUNDS $100,000 $100,000 $100,000 $100,000 Federal Funds Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $4,850,450 $4,850,450 $4,850,450 $4,850,450 Clemency Decisions Continuation Budget The purpose is to investigate offenders when they enter the corrections system and make determinations about offender eligibility for parole. TOTAL STATE FUNDS $9,769,111 $9,769,111 $9,769,111 $9,769,111 State General Funds $9,769,111 $9,769,111 $9,769,111 $9,769,111 TOTAL PUBLIC FUNDS $9,769,111 $9,769,111 $9,769,111 $9,769,111 Statewide Changes 302.1 WC, GTA, and GBA State General Funds $7,820 $7,820 $7,820 $7,820 Changes in Operations / Administration 302.2 Provide additional funds for utilities, fuel and mileage reimbursement. State General Funds $15,452 $15,452 $15,452 $15,452 Changes in the Size of the Program 302.3 Redistribute funds from the Parole Supervision program for increased records retention expenses. State General Funds $50,000 $50,000 $50,000 $50,000 302. Clemency Decisions Appropriation (HB1026) The purpose is to investigate offenders when they enter the corrections system and make determinations about offender eligibility for parole. TOTAL STATE FUNDS $9,842,383 $9,842,383 $9,842,383 $9,842,383 State General Funds $9,842,383 $9,842,383 $9,842,383 $9,842,383 WEDNESDAY, MARCH 8, 2006 2357 TOTAL PUBLIC FUNDS $9,842,383 $9,842,383 $9,842,383 $9,842,383 Parole Supervision Continuation Budget The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens. TOTAL STATE FUNDS $33,015,382 $33,015,382 $33,015,382 $33,015,382 State General Funds $33,015,382 $33,015,382 $33,015,382 $33,015,382 TOTAL PUBLIC FUNDS $33,015,382 $33,015,382 $33,015,382 $33,015,382 Statewide Changes 303.1 WC, GTA, and GBA State General Funds $26,427 $26,427 $26,427 $26,427 Changes in Operations / Administration 303.2 Provide additional funds for utilities, fuel and mileage reimbursement. State General Funds $311,081 $311,081 $311,081 $311,081 One-Time Expense 303.8 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds received from insurance recovery. Rebates, Refunds, and Reimbursements Not Itemized $27,736 $27,736 303.9 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds from search and seizures performed and overtime reimbursed by the US Marshals office. Federal Funds Not Itemized $11,611 $11,611 Changes in the Size of the Program 303.3 Redistribute funds to Administration. State General Funds ($400,000) ($400,000) ($400,000) ($400,000) 303.4 Redistribute funds to the Clemency Decisions program for increased records retention expenses. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 303.5 Provide additional funding for substance abuse assessment and treatment. State General Funds $300,000 $300,000 $300,000 $300,000 303.6 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to locate and capture absconded parolees. Federal Funds Not Itemized $13,915 $13,915 303.7 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to fund the Atlanta Comprehensive Homicide project with the Atlanta Police Department. 2358 JOURNAL OF THE HOUSE Federal Funds Not Itemized $13,915 $12,643 303. Parole Supervision Appropriation (HB1026) The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens. TOTAL STATE FUNDS $33,202,890 $33,202,890 $33,202,890 $33,202,890 State General Funds $33,202,890 $33,202,890 $33,202,890 $33,202,890 TOTAL FEDERAL FUNDS $39,441 $38,169 Federal Funds Not Itemized $39,441 $38,169 TOTAL AGENCY FUNDS $27,736 $27,736 Rebates, Refunds, and Reimbursements $27,736 $27,736 Rebates, Refunds, and Reimbursements Not Itemized $27,736 $27,736 TOTAL PUBLIC FUNDS $33,202,890 $33,202,890 $33,270,067 $33,268,795 Victim Services Continuation Budget 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 STATE FUNDS $516,467 $516,467 $516,467 $516,467 State General Funds $516,467 $516,467 $516,467 $516,467 TOTAL PUBLIC FUNDS $516,467 $516,467 $516,467 $516,467 Statewide Changes 304.1 WC, GTA, and GBA State General Funds $413 $413 $413 $413 304. Victim Services Appropriation (HB1026) 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 STATE FUNDS $516,880 $516,880 $516,880 $516,880 State General Funds $516,880 $516,880 $516,880 $516,880 TOTAL PUBLIC FUNDS $516,880 $516,880 $516,880 $516,880 WEDNESDAY, MARCH 8, 2006 2359 Section 36: Properties Commission, State Section Total - Continuation TOTAL STATE FUNDS $3,261,332 $3,261,332 $3,261,332 $3,261,332 State General Funds $3,261,332 $3,261,332 $3,261,332 $3,261,332 TOTAL PUBLIC FUNDS $3,261,332 $3,261,332 $3,261,332 $3,261,332 Section Total - Final TOTAL STATE FUNDS $3,261,962 $3,261,962 $3,261,962 $3,261,962 State General Funds $3,261,962 $3,261,962 $3,261,962 $3,261,962 TOTAL PUBLIC FUNDS $3,261,962 $3,261,962 $3,261,962 $3,261,962 Space Management Continuation Budget 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 STATE FUNDS $371,491 $371,491 $371,491 $371,491 State General Funds $371,491 $371,491 $371,491 $371,491 TOTAL PUBLIC FUNDS $371,491 $371,491 $371,491 $371,491 41. Space Management Appropriation (HB1026) 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 STATE FUNDS $371,491 $371,491 $371,491 $371,491 State General Funds $371,491 $371,491 $371,491 $371,491 TOTAL PUBLIC FUNDS $371,491 $371,491 $371,491 $371,491 Properties Commission, State Continuation Budget 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 STATE FUNDS $558,553 $558,553 $558,553 $558,553 State General Funds $558,553 $558,553 $558,553 $558,553 TOTAL PUBLIC FUNDS $558,553 $558,553 $558,553 $558,553 Statewide Changes 305.1 WC, GTA, and GBA State General Funds $630 $630 $630 $630 2360 JOURNAL OF THE HOUSE 305. Properties Commission, State Appropriation (HB1026) 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 STATE FUNDS $559,183 $559,183 $559,183 $559,183 State General Funds $559,183 $559,183 $559,183 $559,183 TOTAL PUBLIC FUNDS $559,183 $559,183 $559,183 $559,183 Payments to Georgia Building Authority Continuation Budget The purpose is to purchase, erect, and maintain buildings and other facilities to house agents and officials of the state government. TOTAL STATE FUNDS $2,331,288 $2,331,288 $2,331,288 $2,331,288 State General Funds $2,331,288 $2,331,288 $2,331,288 $2,331,288 TOTAL PUBLIC FUNDS $2,331,288 $2,331,288 $2,331,288 $2,331,288 306. Payments to Georgia Building Authority Appropriation (HB1026) The purpose is to purchase, erect, and maintain buildings and other facilities to house agents and officials of the state government. TOTAL STATE FUNDS $2,331,288 $2,331,288 $2,331,288 $2,331,288 State General Funds $2,331,288 $2,331,288 $2,331,288 $2,331,288 TOTAL PUBLIC FUNDS $2,331,288 $2,331,288 $2,331,288 $2,331,288 Section 37: Public Safety, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL STATE FUNDS Section Total - Continuation $97,877,059 $97,877,059 $97,877,059 $97,877,059 $97,877,059 $97,877,059 $97,877,059 $97,877,059 $5,728,935 $5,728,935 $5,728,935 $5,728,935 $5,728,935 $5,728,935 $5,728,935 $5,728,935 $7,953,811 $7,953,811 $7,953,811 $7,953,811 $7,953,811 $7,953,811 $7,953,811 $7,953,811 $4,028,595 $4,028,595 $4,028,595 $4,028,595 $115,588,400 $115,588,400 $115,588,400 Section Total - Final $115,588,400 $99,726,696 $100,856,696 $100,791,696 $100,266,696 WEDNESDAY, MARCH 8, 2006 2361 State General Funds $99,726,696 $100,856,696 $100,791,696 $100,266,696 TOTAL FEDERAL FUNDS $5,728,935 $5,728,935 $14,414,417 $14,414,417 Federal Funds Not Itemized $5,728,935 $5,728,935 $14,414,417 $14,414,417 TOTAL AGENCY FUNDS $7,953,811 $7,953,811 $8,246,562 $8,246,562 Contributions, Donations, and Forfeitures $3,115 $3,115 Sales and Services $7,953,811 $7,953,811 $8,243,447 $8,243,447 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,028,595 $4,028,595 $6,810,880 $6,810,880 TOTAL PUBLIC FUNDS $117,438,037 $118,568,037 $130,263,555 $129,738,555 Aviation Continuation Budget 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 STATE FUNDS $2,307,130 $2,307,130 $2,307,130 $2,307,130 State General Funds $2,307,130 $2,307,130 $2,307,130 $2,307,130 TOTAL PUBLIC FUNDS $2,307,130 $2,307,130 $2,307,130 $2,307,130 Statewide Changes 307.1 WC, GTA, and GBA State General Funds $3,489 $3,489 $3,489 $3,489 One-Time Expense 307.2 Renovate Reidsville State Patrol Hangar. State General Funds $250,000 $250,000 307.3 Repair state patrol hangar at the Thomson-McDuffie County Airport. State General Funds $250,000 $250,000 Changes in the Size of the Program 307.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds received from seizures. Federal Funds Not Itemized $5,936 $5,936 307. Aviation Appropriation (HB1026) 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 STATE FUNDS $2,310,619 $2,310,619 $2,810,619 $2,810,619 State General Funds $2,310,619 $2,310,619 $2,810,619 $2,810,619 2362 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS $5,936 $5,936 Federal Funds Not Itemized $5,936 $5,936 TOTAL PUBLIC FUNDS $2,310,619 $2,310,619 $2,816,555 $2,816,555 Capitol Police Services Continuation Budget The purpose is to protect life and property, prevent and detect criminal acts, and enforce traffic regulations throughout the Capitol. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,151,435 $3,151,435 $3,151,435 $3,151,435 Agency to Agency Contracts $3,151,435 $3,151,435 $3,151,435 $3,151,435 TOTAL PUBLIC FUNDS $3,151,435 $3,151,435 $3,151,435 $3,151,435 Changes in the Size of the Program 308.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing funds from the Georgia Building Authority. Agency to Agency Contracts $2,782,285 $2,782,285 308. Capitol Police Services Appropriation (HB1026) The purpose is to protect life and property, prevent and detect criminal acts, and enforce traffic regulations throughout the Capitol. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,151,435 $3,151,435 $5,933,720 $5,933,720 Agency to Agency Contracts $3,151,435 $3,151,435 $5,933,720 $5,933,720 TOTAL PUBLIC FUNDS $3,151,435 $3,151,435 $5,933,720 $5,933,720 Departmental Administration Continuation Budget The purpose is to work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state. TOTAL STATE FUNDS $9,816,239 $9,816,239 $9,816,239 $9,816,239 State General Funds $9,816,239 $9,816,239 $9,816,239 $9,816,239 TOTAL PUBLIC FUNDS $9,816,239 $9,816,239 $9,816,239 $9,816,239 Statewide Changes 309.1 WC, GTA, and GBA State General Funds $12,312 $12,312 $12,312 $12,312 Changes in the Size of the Program 309.2 Transfer one position and funds from the Department of Revenue as part of the reorganization of the Department of Motor Vehicles. WEDNESDAY, MARCH 8, 2006 2363 State General Funds $30,000 $30,000 $30,000 $30,000 309.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds received from seizures. Federal Funds Not Itemized $43,820 $43,820 309. Departmental Administration Appropriation (HB1026) The purpose is to work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state. TOTAL STATE FUNDS $9,858,551 $9,858,551 $9,858,551 $9,858,551 State General Funds $9,858,551 $9,858,551 $9,858,551 $9,858,551 TOTAL FEDERAL FUNDS $43,820 $43,820 Federal Funds Not Itemized $43,820 $43,820 TOTAL PUBLIC FUNDS $9,858,551 $9,858,551 $9,902,371 $9,902,371 Executive Security Services Continuation Budget 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 STATE FUNDS $1,050,978 $1,050,978 $1,050,978 $1,050,978 State General Funds $1,050,978 $1,050,978 $1,050,978 $1,050,978 TOTAL PUBLIC FUNDS $1,050,978 $1,050,978 $1,050,978 $1,050,978 Statewide Changes 310.1 WC, GTA, and GBA State General Funds $2,307 $2,307 $2,307 $2,307 Changes in the Size of the Program 310.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds received from seizures. Federal Funds Not Itemized $5,000 $5,000 310. Executive Security Services Appropriation (HB1026) 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 STATE FUNDS $1,053,285 $1,053,285 $1,053,285 $1,053,285 State General Funds $1,053,285 $1,053,285 $1,053,285 $1,053,285 TOTAL FEDERAL FUNDS $5,000 $5,000 2364 JOURNAL OF THE HOUSE Federal Funds Not Itemized $5,000 $5,000 TOTAL PUBLIC FUNDS $1,053,285 $1,053,285 $1,058,285 $1,058,285 Field Offices and Services Continuation Budget 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 STATE FUNDS $60,086,195 $60,086,195 $60,086,195 $60,086,195 State General Funds $60,086,195 $60,086,195 $60,086,195 $60,086,195 TOTAL PUBLIC FUNDS $60,086,195 $60,086,195 $60,086,195 $60,086,195 Statewide Changes 311.1 WC, GTA, and GBA State General Funds $135,952 $135,952 $135,952 $135,952 One-Time Expense 311.2 Replace 70 patrol vehicles in excess of 135,000 miles. (S:95 patrol vehicles) State General Funds $1,478,292 $1,478,292 $2,003,292 $1,478,292 311.3 Provide one-time grant funding to offset telecommunications costs for sworn Troopers. State General Funds $790,000 $0 $0 Changes in the Size of the Program 311.4 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to recognize agency funds received from security details, escort services, donations and other miscellaneous revenue. Contributions, Donations, and Forfeitures Not Itemized $3,115 $3,115 Sales and Services Not Itemized $90,913 $90,913 TOTAL PUBLIC FUNDS $94,028 $94,028 311.5 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to fund SWAT equipment, the Chatham County K-9 Initiative, DUI Task Force, Trooper Representative for ALS and the Governor's Task Force. Federal Funds Not Itemized $1,257,433 $1,257,433 TOTAL PUBLIC FUNDS $1,257,433 $1,257,433 311. Field Offices and Services Appropriation (HB1026) 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 STATE FUNDS $61,700,439 $62,490,439 $62,225,439 $61,700,439 WEDNESDAY, MARCH 8, 2006 2365 State General Funds $61,700,439 $62,490,439 $62,225,439 $61,700,439 TOTAL FEDERAL FUNDS $1,257,433 $1,257,433 Federal Funds Not Itemized $1,257,433 $1,257,433 TOTAL AGENCY FUNDS $94,028 $94,028 Contributions, Donations, and Forfeitures $3,115 $3,115 Contributions, Donations, and Forfeitures Not Itemized $3,115 $3,115 Sales and Services $90,913 $90,913 Sales and Services Not Itemized $90,913 $90,913 TOTAL PUBLIC FUNDS $61,700,439 $62,490,439 $63,576,900 $63,051,900 Motor Carrier Compliance Continuation Budget The purpose is to enforce and administer state laws and regulations for mandated programs relating to driver safety and driver education for both novice and problem drivers. TOTAL STATE FUNDS $6,329,515 $6,329,515 $6,329,515 $6,329,515 State General Funds $6,329,515 $6,329,515 $6,329,515 $6,329,515 TOTAL FEDERAL FUNDS $2,561,998 $2,561,998 $2,561,998 $2,561,998 Federal Funds Not Itemized $2,561,998 $2,561,998 $2,561,998 $2,561,998 TOTAL AGENCY FUNDS $7,196,898 $7,196,898 $7,196,898 $7,196,898 Sales and Services $7,196,898 $7,196,898 $7,196,898 $7,196,898 Sales and Services Not Itemized $7,196,898 $7,196,898 $7,196,898 $7,196,898 TOTAL PUBLIC FUNDS $16,088,411 $16,088,411 $16,088,411 $16,088,411 Statewide Changes 312.1 WC, GTA, and GBA State General Funds $13,366 $13,366 $13,366 $13,366 Changes in the Size of the Program 312.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal incentive funds. Federal Funds Not Itemized $321,676 $321,676 312. Motor Carrier Compliance Appropriation (HB1026) The purpose is to enforce and administer state laws and regulations for mandated programs relating to driver safety and driver education for both novice and problem drivers. TOTAL STATE FUNDS $6,342,881 $6,342,881 $6,342,881 $6,342,881 2366 JOURNAL OF THE HOUSE State General Funds $6,342,881 $6,342,881 $6,342,881 $6,342,881 TOTAL FEDERAL FUNDS $2,561,998 $2,561,998 $2,883,674 $2,883,674 Federal Funds Not Itemized $2,561,998 $2,561,998 $2,883,674 $2,883,674 TOTAL AGENCY FUNDS $7,196,898 $7,196,898 $7,196,898 $7,196,898 Sales and Services $7,196,898 $7,196,898 $7,196,898 $7,196,898 Sales and Services Not Itemized $7,196,898 $7,196,898 $7,196,898 $7,196,898 TOTAL PUBLIC FUNDS $16,101,777 $16,101,777 $16,423,453 $16,423,453 Specialized Collision Reconstruction Team Continuation Budget 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 STATE FUNDS $2,150,997 $2,150,997 $2,150,997 $2,150,997 State General Funds $2,150,997 $2,150,997 $2,150,997 $2,150,997 TOTAL PUBLIC FUNDS $2,150,997 $2,150,997 $2,150,997 $2,150,997 Statewide Changes 313.1 WC, GTA, and GBA State General Funds $5,338 $5,338 $5,338 $5,338 Changes in the Size of the Program 313.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds received from seizures. Federal Funds Not Itemized $12,770 $12,770 313. Specialized Collision Reconstruction Team Appropriation (HB1026) 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 STATE FUNDS $2,156,335 $2,156,335 $2,156,335 $2,156,335 State General Funds $2,156,335 $2,156,335 $2,156,335 $2,156,335 TOTAL FEDERAL FUNDS $12,770 $12,770 Federal Funds Not Itemized $12,770 $12,770 TOTAL PUBLIC FUNDS $2,156,335 $2,156,335 $2,169,105 $2,169,105 Troop J Specialty Units Continuation Budget 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. WEDNESDAY, MARCH 8, 2006 2367 TOTAL STATE FUNDS $2,204,535 $2,204,535 $2,204,535 $2,204,535 State General Funds $2,204,535 $2,204,535 $2,204,535 $2,204,535 TOTAL PUBLIC FUNDS $2,204,535 $2,204,535 $2,204,535 $2,204,535 Statewide Changes 314.1 WC, GTA, and GBA State General Funds $5,128 $5,128 $5,128 $5,128 Changes in the Size of the Program 314.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds received from seizures. Federal Funds Not Itemized $2,620 $2,620 314. Troop J Specialty Units Appropriation (HB1026) 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 STATE FUNDS $2,209,663 $2,209,663 $2,209,663 $2,209,663 State General Funds $2,209,663 $2,209,663 $2,209,663 $2,209,663 TOTAL FEDERAL FUNDS $2,620 $2,620 Federal Funds Not Itemized $2,620 $2,620 TOTAL PUBLIC FUNDS $2,209,663 $2,209,663 $2,212,283 $2,212,283 Fire Academy, Georgia Continuation Budget The purpose is to provide professional training for firefighters. TOTAL STATE FUNDS $993,773 $993,773 $993,773 $993,773 State General Funds $993,773 $993,773 $993,773 $993,773 TOTAL AGENCY FUNDS $152,680 $152,680 $152,680 $152,680 Sales and Services $152,680 $152,680 $152,680 $152,680 Sales and Services Not Itemized $152,680 $152,680 $152,680 $152,680 TOTAL PUBLIC FUNDS $1,146,453 $1,146,453 $1,146,453 $1,146,453 Statewide Changes 315.1 WC, GTA, and GBA State General Funds $1,036 $1,036 $1,036 $1,036 One-Time Expense 315.2 Increase funds to upgrade burners, igniters, and control panels in the eight regional burn buildings. 2368 JOURNAL OF THE HOUSE State General Funds $75,000 $75,000 $75,000 $75,000 Changes in the Size of the Program 315.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds for training. Federal Funds Not Itemized $119,895 $119,895 TOTAL PUBLIC FUNDS $119,895 $119,895 315. Fire Academy, Georgia Appropriation (HB1026) The purpose is to provide professional training for firefighters. TOTAL STATE FUNDS $1,069,809 $1,069,809 $1,069,809 $1,069,809 State General Funds $1,069,809 $1,069,809 $1,069,809 $1,069,809 TOTAL FEDERAL FUNDS $119,895 $119,895 Federal Funds Not Itemized $119,895 $119,895 TOTAL AGENCY FUNDS $152,680 $152,680 $152,680 $152,680 Sales and Services $152,680 $152,680 $152,680 $152,680 Sales and Services Not Itemized $152,680 $152,680 $152,680 $152,680 TOTAL PUBLIC FUNDS $1,222,489 $1,222,489 $1,342,384 $1,342,384 Firefighter Standards and Training Council, Georgia Continuation Budget The purpose is to provide minimum certification standards for all firefighters and public safety professionals. TOTAL STATE FUNDS $551,565 $551,565 $551,565 $551,565 State General Funds $551,565 $551,565 $551,565 $551,565 TOTAL PUBLIC FUNDS $551,565 $551,565 $551,565 $551,565 Statewide Changes 316.1 WC, GTA, and GBA State General Funds $345 $345 $345 $345 One-Time Expense 316.2 Fund the conversion of the written firefighters certification test to a web-based system. State General Funds $15,490 $15,490 $15,490 $15,490 Changes in the Size of the Program 316.3 Fund the use of state certified firefighters to evaluate firefighters certification tests. State General Funds $50,000 $50,000 $50,000 $50,000 WEDNESDAY, MARCH 8, 2006 2369 316. Firefighter Standards and Training Council, Georgia Appropriation (HB1026) The purpose is to provide minimum certification standards for all firefighters and public safety professionals. TOTAL STATE FUNDS $617,400 $617,400 $617,400 $617,400 State General Funds $617,400 $617,400 $617,400 $617,400 TOTAL PUBLIC FUNDS $617,400 $617,400 $617,400 $617,400 Highway Safety, Office of Continuation Budget 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 STATE FUNDS $485,876 $485,876 $485,876 $485,876 State General Funds $485,876 $485,876 $485,876 $485,876 TOTAL FEDERAL FUNDS $3,166,937 $3,166,937 $3,166,937 $3,166,937 Federal Funds Not Itemized $3,166,937 $3,166,937 $3,166,937 $3,166,937 TOTAL PUBLIC FUNDS $3,652,813 $3,652,813 $3,652,813 $3,652,813 Statewide Changes 317.1 WC, GTA, and GBA State General Funds $1,509 $1,509 $1,509 $1,509 Changes in the Size of the Program 317.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to fund various programs. Federal Funds Not Itemized $5,553,588 $5,553,588 TOTAL PUBLIC FUNDS $5,553,588 $5,553,588 317. Highway Safety, Office of Appropriation (HB1026) 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 STATE FUNDS $487,385 $487,385 $487,385 $487,385 State General Funds $487,385 $487,385 $487,385 $487,385 TOTAL FEDERAL FUNDS $3,166,937 $3,166,937 $8,720,525 $8,720,525 Federal Funds Not Itemized $3,166,937 $3,166,937 $8,720,525 $8,720,525 TOTAL PUBLIC FUNDS $3,654,322 $3,654,322 $9,207,910 $9,207,910 2370 JOURNAL OF THE HOUSE Peace Officer Standards and Training Council, Georgia Continuation Budget The purpose is to provide the citizens of Georgia with qualified, professionally trained, ethical and competent peace officers and criminal justice professionals. TOTAL STATE FUNDS $1,905,971 $1,905,971 $1,905,971 $1,905,971 State General Funds $1,905,971 $1,905,971 $1,905,971 $1,905,971 TOTAL PUBLIC FUNDS $1,905,971 $1,905,971 $1,905,971 $1,905,971 Statewide Changes 318.1 WC, GTA, and GBA State General Funds $1,266 $1,266 $1,266 $1,266 One-Time Expense 318.4 Provide funds for personal services to pay accrued leave for two retiring employees. State General Funds $40,000 $40,000 $40,000 Changes in the Size of the Program 318.2 Transfer an investigator position from the Department of Corrections. State General Funds $10,767 $10,767 $10,767 $10,767 318.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for recognizing agency funds collected for fees for certification of a peace officer. Sales and Services Not Itemized $24,795 $24,795 318. Peace Officer Standards and Training Council, Georgia Appropriation (HB1026) The purpose is to provide the citizens of Georgia with qualified, professionally trained, ethical and competent peace officers and criminal justice professionals. TOTAL STATE FUNDS $1,918,004 $1,958,004 $1,958,004 $1,958,004 State General Funds $1,918,004 $1,958,004 $1,958,004 $1,958,004 TOTAL AGENCY FUNDS $24,795 $24,795 Sales and Services $24,795 $24,795 Sales and Services Not Itemized $24,795 $24,795 TOTAL PUBLIC FUNDS $1,918,004 $1,958,004 $1,982,799 $1,982,799 Police Academy, Georgia Continuation Budget 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 STATE FUNDS $1,120,740 $1,120,740 $1,120,740 $1,120,740 WEDNESDAY, MARCH 8, 2006 2371 State General Funds $1,120,740 $1,120,740 $1,120,740 $1,120,740 TOTAL AGENCY FUNDS $121,094 $121,094 $121,094 $121,094 Sales and Services $121,094 $121,094 $121,094 $121,094 Sales and Services Not Itemized $121,094 $121,094 $121,094 $121,094 TOTAL PUBLIC FUNDS $1,241,834 $1,241,834 $1,241,834 $1,241,834 Statewide Changes 319.1 WC, GTA, and GBA State General Funds $1,554 $1,554 $1,554 $1,554 Changes in the Size of the Program 319.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds to provide statewide terrorism training and training for the Drug Recognition Program. Federal Funds Not Itemized $1,227,230 $1,227,230 TOTAL PUBLIC FUNDS $1,227,230 $1,227,230 319. Police Academy, Georgia Appropriation (HB1026) 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 STATE FUNDS $1,122,294 $1,122,294 $1,122,294 $1,122,294 State General Funds $1,122,294 $1,122,294 $1,122,294 $1,122,294 TOTAL FEDERAL FUNDS $1,227,230 $1,227,230 Federal Funds Not Itemized $1,227,230 $1,227,230 TOTAL AGENCY FUNDS $121,094 $121,094 $121,094 $121,094 Sales and Services $121,094 $121,094 $121,094 $121,094 Sales and Services Not Itemized $121,094 $121,094 $121,094 $121,094 TOTAL PUBLIC FUNDS $1,243,388 $1,243,388 $2,470,618 $2,470,618 Public Safety Training Center, Georgia Continuation Budget 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 STATE FUNDS $8,873,545 $8,873,545 $8,873,545 $8,873,545 State General Funds $8,873,545 $8,873,545 $8,873,545 $8,873,545 TOTAL AGENCY FUNDS $483,139 $483,139 $483,139 $483,139 Sales and Services $483,139 $483,139 $483,139 $483,139 2372 JOURNAL OF THE HOUSE Sales and Services Not Itemized $483,139 $483,139 $483,139 $483,139 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $877,160 $877,160 $877,160 $877,160 Agency to Agency Contracts $877,160 $877,160 $877,160 $877,160 TOTAL PUBLIC FUNDS $10,233,844 $10,233,844 $10,233,844 $10,233,844 Statewide Changes 320.1 WC, GTA, and GBA State General Funds $6,486 $6,486 $6,486 $6,486 Changes in the Size of the Program 320.2 Transfer the Dalton Diversion Center to the Department of Public Safety to develop as a training center. State General Funds $300,000 $0 $0 320.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for amending in federal funds and recognizing agency funds received from meals, rental, tuitions, and training fees. Federal Funds Not Itemized $135,514 $135,514 Sales and Services Not Itemized $173,928 $173,928 TOTAL PUBLIC FUNDS $309,442 $309,442 320. Public Safety Training Center, Georgia Appropriation (HB1026) 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 STATE FUNDS $8,880,031 $9,180,031 $8,880,031 $8,880,031 State General Funds $8,880,031 $9,180,031 $8,880,031 $8,880,031 TOTAL FEDERAL FUNDS $135,514 $135,514 Federal Funds Not Itemized $135,514 $135,514 TOTAL AGENCY FUNDS $483,139 $483,139 $657,067 $657,067 Sales and Services $483,139 $483,139 $657,067 $657,067 Sales and Services Not Itemized $483,139 $483,139 $657,067 $657,067 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $877,160 $877,160 $877,160 $877,160 Agency to Agency Contracts $877,160 $877,160 $877,160 $877,160 TOTAL PUBLIC FUNDS $10,240,330 $10,540,330 $10,549,772 $10,549,772 WEDNESDAY, MARCH 8, 2006 2373 Section 38: Public Service Commission Section Total - Continuation TOTAL STATE FUNDS $8,405,867 $8,405,867 $8,405,867 $8,405,867 State General Funds $8,405,867 $8,405,867 $8,405,867 $8,405,867 TOTAL FEDERAL FUNDS $273,311 $273,311 $273,311 $273,311 Federal Funds Not Itemized $273,311 $273,311 $273,311 $273,311 TOTAL PUBLIC FUNDS $8,679,178 $8,679,178 $8,679,178 $8,679,178 Section Total - Final TOTAL STATE FUNDS $8,412,390 $8,462,390 $8,462,390 $8,462,390 State General Funds $8,412,390 $8,462,390 $8,462,390 $8,462,390 TOTAL FEDERAL FUNDS $273,311 $273,311 $273,311 $273,311 Federal Funds Not Itemized $273,311 $273,311 $273,311 $273,311 TOTAL PUBLIC FUNDS $8,685,701 $8,735,701 $8,735,701 $8,735,701 Commission Administration Continuation Budget The purpose is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,401,396 $1,401,396 $1,401,396 $1,401,396 State General Funds $1,401,396 $1,401,396 $1,401,396 $1,401,396 TOTAL PUBLIC FUNDS $1,401,396 $1,401,396 $1,401,396 $1,401,396 Statewide Changes 321.1 WC, GTA, and GBA State General Funds $1,024 $1,024 $1,024 $1,024 Changes in the Size of the Program 321.2 Transfer funds to the Utilities Regulation program to properly align expenditures among programs. State General Funds ($87,986) ($87,986) ($87,986) ($87,986) 321. Commission Administration Appropriation (HB1026) The purpose is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,314,434 $1,314,434 $1,314,434 $1,314,434 State General Funds $1,314,434 $1,314,434 $1,314,434 $1,314,434 TOTAL PUBLIC FUNDS $1,314,434 $1,314,434 $1,314,434 $1,314,434 Facility Protection Continuation Budget The purpose of this is to provide for the protection of the buried utility facility infrastructure within the State of Georgia. 2374 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $665,164 $665,164 $665,164 $665,164 State General Funds $665,164 $665,164 $665,164 $665,164 TOTAL FEDERAL FUNDS $273,311 $273,311 $273,311 $273,311 Federal Funds Not Itemized $273,311 $273,311 $273,311 $273,311 TOTAL PUBLIC FUNDS $938,475 $938,475 $938,475 $938,475 Statewide Changes 322.1 WC, GTA, and GBA State General Funds $579 $579 $579 $579 Changes in the Size of the Program 322.2 Transfer funds to the Utilities Regulation program to properly align expenditures among programs. State General Funds ($60,519) ($60,519) ($60,519) ($60,519) 322. Facility Protection Appropriation (HB1026) The purpose of this is to provide for the protection of the buried utility facility infrastructure within the State of Georgia. TOTAL STATE FUNDS $605,224 $605,224 $605,224 $605,224 State General Funds $605,224 $605,224 $605,224 $605,224 TOTAL FEDERAL FUNDS $273,311 $273,311 $273,311 $273,311 Federal Funds Not Itemized $273,311 $273,311 $273,311 $273,311 TOTAL PUBLIC FUNDS $878,535 $878,535 $878,535 $878,535 Utilities Regulation Continuation Budget The purpose is to regulate intrastate telecommunications, natural gas, and electric utilities. TOTAL STATE FUNDS $6,339,307 $6,339,307 $6,339,307 $6,339,307 State General Funds $6,339,307 $6,339,307 $6,339,307 $6,339,307 TOTAL PUBLIC FUNDS $6,339,307 $6,339,307 $6,339,307 $6,339,307 Statewide Changes 323.1 WC, GTA, and GBA State General Funds $4,920 $4,920 $4,920 $4,920 One-Time Expense 323.5 Provide funding for the Georgia Power Fuel Cost Recovery case State General Funds $50,000 $50,000 $50,000 Changes in the Size of the Program 323.2 Transfer funds from the Administration program to properly align expenditures among programs. WEDNESDAY, MARCH 8, 2006 2375 State General Funds $87,986 $87,986 $87,986 323.3 Transfer funds from the Facilities Protection program to properly align expenditures among programs. State General Funds $60,519 $60,519 $60,519 323. Utilities Regulation Appropriation (HB1026) The purpose is to regulate intrastate telecommunications, natural gas, and electric utilities. TOTAL STATE FUNDS $6,492,732 $6,542,732 $6,542,732 State General Funds $6,492,732 $6,542,732 $6,542,732 TOTAL PUBLIC FUNDS $6,492,732 $6,542,732 $6,542,732 $87,986 $60,519 $6,542,732 $6,542,732 $6,542,732 Section 39: Regents, University System of Georgia TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Section Total - Continuation $1,812,797,698 $1,812,797,698 $1,812,797,698 $1,812,797,698 $1,796,565,144 $1,796,565,144 $1,796,565,144 $1,796,565,144 $16,232,554 $16,232,554 $16,232,554 $16,232,554 $12,200,352 $12,200,352 $12,200,352 $12,200,352 $12,200,352 $12,200,352 $12,200,352 $12,200,352 $2,672,930,319 $2,672,930,319 $2,672,930,319 $2,672,930,319 $41,990,014 $41,990,014 $41,990,014 $41,990,014 $1,512,397,225 $1,512,397,225 $1,512,397,225 $1,512,397,225 $40,830,855 $40,830,855 $40,830,855 $40,830,855 $1,077,712,225 $1,077,712,225 $1,077,712,225 $1,077,712,225 $4,497,928,369 $4,497,928,369 $4,497,928,369 $4,497,928,369 Section Total - Final $1,817,710,890 $1,818,503,890 $1,821,003,890 $1,819,003,890 $1,801,478,336 $1,802,271,336 $1,804,771,336 $1,802,771,336 $16,232,554 $16,232,554 $16,232,554 $16,232,554 $12,200,352 $12,200,352 $12,200,352 $12,200,352 $12,200,352 $12,200,352 $12,200,352 $12,200,352 $2,672,930,319 $2,672,930,319 $2,702,794,070 $2,702,794,070 $41,990,014 $41,990,014 $41,990,014 $41,990,014 $1,512,397,225 $1,512,397,225 $1,519,827,644 $1,519,827,644 2376 JOURNAL OF THE HOUSE Rebates, Refunds, and Reimbursements $40,830,855 $40,830,855 $52,980,546 $52,980,546 Royalties and Rents $5,000 $5,000 Sales and Services $1,077,712,225 $1,077,712,225 $1,087,990,866 $1,087,990,866 TOTAL PUBLIC FUNDS $4,502,841,561 $4,503,634,561 $4,535,998,312 $4,533,998,312 Advanced Technology Development Center/Economic Continuation Budget 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 STATE FUNDS $8,852,624 $8,852,624 $8,852,624 $8,852,624 State General Funds $8,852,624 $8,852,624 $8,852,624 $8,852,624 TOTAL AGENCY FUNDS $12,875,000 $12,875,000 $12,875,000 $12,875,000 Intergovernmental Transfers $7,875,000 $7,875,000 $7,875,000 $7,875,000 Intergovernmental Transfers Not Itemized $7,875,000 $7,875,000 $7,875,000 $7,875,000 Sales and Services $5,000,000 $5,000,000 $5,000,000 $5,000,000 Sales and Services Not Itemized $5,000,000 $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $21,727,624 $21,727,624 $21,727,624 $21,727,624 Changes in How the Program is Funded 324.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for an increase in departmental funds. Sales and Services Not Itemized $160,461 $160,461 324. Advanced Technology Development Center/Economic Appropriation (HB1026) 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 STATE FUNDS $8,852,624 $8,852,624 $8,852,624 $8,852,624 State General Funds $8,852,624 $8,852,624 $8,852,624 $8,852,624 TOTAL AGENCY FUNDS $12,875,000 $12,875,000 $13,035,461 $13,035,461 Intergovernmental Transfers $7,875,000 $7,875,000 $7,875,000 $7,875,000 Intergovernmental Transfers Not Itemized $7,875,000 $7,875,000 $7,875,000 $7,875,000 Sales and Services $5,000,000 $5,000,000 $5,160,461 $5,160,461 Sales and Services Not Itemized $5,000,000 $5,000,000 $5,160,461 $5,160,461 WEDNESDAY, MARCH 8, 2006 2377 TOTAL PUBLIC FUNDS $21,727,624 $21,727,624 $21,888,085 $21,888,085 Agricultural Experiment Station Continuation Budget The purpose is to improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competitiveness. TOTAL STATE FUNDS $38,481,866 $38,481,866 $38,481,866 $38,481,866 State General Funds $38,481,866 $38,481,866 $38,481,866 $38,481,866 TOTAL FEDERAL FUNDS $4,604,976 $4,604,976 $4,604,976 $4,604,976 Federal Funds Not Itemized $4,604,976 $4,604,976 $4,604,976 $4,604,976 TOTAL AGENCY FUNDS $27,836,286 $27,836,286 $27,836,286 $27,836,286 Intergovernmental Transfers $22,000,000 $22,000,000 $22,000,000 $22,000,000 Intergovernmental Transfers Not Itemized $22,000,000 $22,000,000 $22,000,000 $22,000,000 Rebates, Refunds, and Reimbursements $1,800,000 $1,800,000 $1,800,000 $1,800,000 Rebates, Refunds, and Reimbursements Not Itemized $1,800,000 $1,800,000 $1,800,000 $1,800,000 Sales and Services $4,036,286 $4,036,286 $4,036,286 $4,036,286 Sales and Services Not Itemized $4,036,286 $4,036,286 $4,036,286 $4,036,286 TOTAL PUBLIC FUNDS $70,923,128 $70,923,128 $70,923,128 $70,923,128 Changes in the Size of the Program 325.1 Provide funding to minimize transfers from service level activities to cover ongoing maintenance and operations. State General Funds $300,000 $300,000 $300,000 $300,000 325. Agricultural Experiment Station Appropriation (HB1026) The purpose is to improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competitiveness. TOTAL STATE FUNDS $38,781,866 $38,781,866 $38,781,866 $38,781,866 State General Funds $38,781,866 $38,781,866 $38,781,866 $38,781,866 TOTAL FEDERAL FUNDS $4,604,976 $4,604,976 $4,604,976 $4,604,976 Federal Funds Not Itemized $4,604,976 $4,604,976 $4,604,976 $4,604,976 TOTAL AGENCY FUNDS $27,836,286 $27,836,286 $27,836,286 $27,836,286 Intergovernmental Transfers $22,000,000 $22,000,000 $22,000,000 $22,000,000 Intergovernmental Transfers Not Itemized $22,000,000 $22,000,000 $22,000,000 $22,000,000 Rebates, Refunds, and Reimbursements $1,800,000 $1,800,000 $1,800,000 $1,800,000 Rebates, Refunds, and Reimbursements Not Itemized $1,800,000 $1,800,000 $1,800,000 $1,800,000 2378 JOURNAL OF THE HOUSE Sales and Services $4,036,286 $4,036,286 $4,036,286 $4,036,286 Sales and Services Not Itemized $4,036,286 $4,036,286 $4,036,286 $4,036,286 TOTAL PUBLIC FUNDS $71,223,128 $71,223,128 $71,223,128 $71,223,128 Athens and Tifton Veterinary Laboratories Continuation Budget 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 STATE FUNDS $41,542 $41,542 $41,542 $41,542 State General Funds $41,542 $41,542 $41,542 $41,542 TOTAL AGENCY FUNDS $4,653,970 $4,653,970 $4,653,970 $4,653,970 Intergovernmental Transfers $4,653,970 $4,653,970 $4,653,970 $4,653,970 Intergovernmental Transfers Not Itemized $4,653,970 $4,653,970 $4,653,970 $4,653,970 TOTAL PUBLIC FUNDS $4,695,512 $4,695,512 $4,695,512 $4,695,512 326. Athens and Tifton Veterinary Laboratories Appropriation (HB1026) 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 STATE FUNDS $41,542 $41,542 $41,542 $41,542 State General Funds $41,542 $41,542 $41,542 $41,542 TOTAL AGENCY FUNDS $4,653,970 $4,653,970 $4,653,970 $4,653,970 Intergovernmental Transfers $4,653,970 $4,653,970 $4,653,970 $4,653,970 Intergovernmental Transfers Not Itemized $4,653,970 $4,653,970 $4,653,970 $4,653,970 TOTAL PUBLIC FUNDS $4,695,512 $4,695,512 $4,695,512 $4,695,512 Center for Assistive Technology and Environmental Access Continuation Budget The purpose is to provide research and development activities to target the increase function and independence of persons with disabilities. TOTAL STATE FUNDS $326,080 $326,080 $326,080 $326,080 State General Funds $326,080 $326,080 $326,080 $326,080 TOTAL PUBLIC FUNDS $326,080 $326,080 $326,080 $326,080 Changes in How the Program is Funded 327.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reflect the annual operating budget for Disability Related Services. Intergovernmental Transfers Not Itemized $1,590,309 $1,590,309 WEDNESDAY, MARCH 8, 2006 2379 Rebates, Refunds, and Reimbursements Not Itemized $468,670 $468,670 TOTAL PUBLIC FUNDS $2,058,979 $2,058,979 327. Center for Assistive Technology and Environmental Appropriation (HB1026) The purpose is to provide research and development activities to target the increase function and independence of persons with disabilities. TOTAL STATE FUNDS $326,080 $326,080 $326,080 $326,080 State General Funds $326,080 $326,080 $326,080 $326,080 TOTAL AGENCY FUNDS $2,058,979 $2,058,979 Intergovernmental Transfers $1,590,309 $1,590,309 Intergovernmental Transfers Not Itemized $1,590,309 $1,590,309 Rebates, Refunds, and Reimbursements $468,670 $468,670 Rebates, Refunds, and Reimbursements Not Itemized $468,670 $468,670 TOTAL PUBLIC FUNDS $326,080 $326,080 $2,385,059 $2,385,059 Cooperative Extension Service Continuation Budget The purpose is to enhance the quality of life for Georgia's citizens through service, learning and the adaptation of research based information. TOTAL STATE FUNDS $31,779,748 $31,779,748 $31,779,748 $31,779,748 State General Funds $31,779,748 $31,779,748 $31,779,748 $31,779,748 TOTAL FEDERAL FUNDS $5,086,168 $5,086,168 $5,086,168 $5,086,168 Federal Funds Not Itemized $5,086,168 $5,086,168 $5,086,168 $5,086,168 TOTAL AGENCY FUNDS $18,007,969 $18,007,969 $18,007,969 $18,007,969 Intergovernmental Transfers $15,460,075 $15,460,075 $15,460,075 $15,460,075 Intergovernmental Transfers Not Itemized $15,460,075 $15,460,075 $15,460,075 $15,460,075 Rebates, Refunds, and Reimbursements $125,000 $125,000 $125,000 $125,000 Rebates, Refunds, and Reimbursements Not Itemized $125,000 $125,000 $125,000 $125,000 Sales and Services $2,422,894 $2,422,894 $2,422,894 $2,422,894 Sales and Services Not Itemized $2,422,894 $2,422,894 $2,422,894 $2,422,894 TOTAL PUBLIC FUNDS $54,873,885 $54,873,885 $54,873,885 $54,873,885 Changes in How the Program is Funded 328.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for an increase in conference revenues. 2380 JOURNAL OF THE HOUSE Sales and Services Not Itemized $450,000 $450,000 328. Cooperative Extension Service Appropriation (HB1026) The purpose is to enhance the quality of life for Georgia's citizens through service, learning and the adaptation of research based information. TOTAL STATE FUNDS $31,779,748 $31,779,748 $31,779,748 $31,779,748 State General Funds $31,779,748 $31,779,748 $31,779,748 $31,779,748 TOTAL FEDERAL FUNDS $5,086,168 $5,086,168 $5,086,168 $5,086,168 Federal Funds Not Itemized $5,086,168 $5,086,168 $5,086,168 $5,086,168 TOTAL AGENCY FUNDS $18,007,969 $18,007,969 $18,457,969 $18,457,969 Intergovernmental Transfers $15,460,075 $15,460,075 $15,460,075 $15,460,075 Intergovernmental Transfers Not Itemized $15,460,075 $15,460,075 $15,460,075 $15,460,075 Rebates, Refunds, and Reimbursements $125,000 $125,000 $125,000 $125,000 Rebates, Refunds, and Reimbursements Not Itemized $125,000 $125,000 $125,000 $125,000 Sales and Services $2,422,894 $2,422,894 $2,872,894 $2,872,894 Sales and Services Not Itemized $2,422,894 $2,422,894 $2,872,894 $2,872,894 TOTAL PUBLIC FUNDS $54,873,885 $54,873,885 $55,323,885 $55,323,885 Forestry Cooperative Extension Continuation Budget 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 STATE FUNDS $632,486 $632,486 $632,486 $632,486 State General Funds $632,486 $632,486 $632,486 $632,486 TOTAL PUBLIC FUNDS $632,486 $632,486 $632,486 $632,486 Changes in How the Program is Funded 329.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for an increase in conference revenues. Sales and Services Not Itemized $4,000 $4,000 329. Forestry Cooperative Extension Appropriation (HB1026) 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 STATE FUNDS $632,486 $632,486 $632,486 $632,486 State General Funds $632,486 $632,486 $632,486 $632,486 WEDNESDAY, MARCH 8, 2006 2381 TOTAL AGENCY FUNDS $4,000 $4,000 Sales and Services $4,000 $4,000 Sales and Services Not Itemized $4,000 $4,000 TOTAL PUBLIC FUNDS $632,486 $632,486 $636,486 $636,486 Forestry Research Continuation Budget 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 STATE FUNDS $3,011,535 $3,011,535 $3,011,535 $3,011,535 State General Funds $3,011,535 $3,011,535 $3,011,535 $3,011,535 TOTAL PUBLIC FUNDS $3,011,535 $3,011,535 $3,011,535 $3,011,535 Changes in How the Program is Funded 330.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for an increase in departmental funds. Royalties and Rents Not Itemized $5,000 $5,000 Sales and Services Not Itemized $530,000 $530,000 TOTAL PUBLIC FUNDS $535,000 $535,000 330. Forestry Research Appropriation (HB1026) 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 STATE FUNDS $3,011,535 $3,011,535 $3,011,535 $3,011,535 State General Funds $3,011,535 $3,011,535 $3,011,535 $3,011,535 TOTAL AGENCY FUNDS $535,000 $535,000 Royalties and Rents $5,000 $5,000 Royalties and Rents Not Itemized $5,000 $5,000 Sales and Services $530,000 $530,000 Sales and Services Not Itemized $530,000 $530,000 TOTAL PUBLIC FUNDS $3,011,535 $3,011,535 $3,546,535 $3,546,535 Georgia Radiation Therapy Center Continuation Budget The purpose is to provide patient care and education. TOTAL AGENCY FUNDS $3,625,810 $3,625,810 $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures $3,625,810 $3,625,810 $3,625,810 $3,625,810 2382 JOURNAL OF THE HOUSE Contributions, Donations, and Forfeitures Not Itemized $3,625,810 $3,625,810 $3,625,810 $3,625,810 TOTAL PUBLIC FUNDS $3,625,810 $3,625,810 $3,625,810 $3,625,810 331. Georgia Radiation Therapy Center Appropriation (HB1026) The purpose is to provide patient care and education. TOTAL AGENCY FUNDS $3,625,810 $3,625,810 $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures $3,625,810 $3,625,810 $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures Not Itemized $3,625,810 $3,625,810 $3,625,810 $3,625,810 TOTAL PUBLIC FUNDS $3,625,810 $3,625,810 $3,625,810 $3,625,810 Georgia Tech Research Institute Continuation Budget 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 STATE FUNDS $6,842,095 $6,842,095 $6,842,095 $6,842,095 State General Funds $6,842,095 $6,842,095 $6,842,095 $6,842,095 TOTAL AGENCY FUNDS $122,917,958 $122,917,958 $122,917,958 $122,917,958 Intergovernmental Transfers $76,469,736 $76,469,736 $76,469,736 $76,469,736 Intergovernmental Transfers Not Itemized $76,469,736 $76,469,736 $76,469,736 $76,469,736 Rebates, Refunds, and Reimbursements $38,748,222 $38,748,222 $38,748,222 $38,748,222 Rebates, Refunds, and Reimbursements Not Itemized $38,748,222 $38,748,222 $38,748,222 $38,748,222 Sales and Services $7,700,000 $7,700,000 $7,700,000 $7,700,000 Sales and Services Not Itemized $7,700,000 $7,700,000 $7,700,000 $7,700,000 TOTAL PUBLIC FUNDS $129,760,053 $129,760,053 $129,760,053 $129,760,053 Changes in Operations / Administration 332.1 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005. State General Funds $552,811 $552,811 $552,811 $552,811 332. Georgia Tech Research Institute Appropriation (HB1026) 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 STATE FUNDS $7,394,906 $7,394,906 $7,394,906 $7,394,906 State General Funds $7,394,906 $7,394,906 $7,394,906 $7,394,906 TOTAL AGENCY FUNDS $122,917,958 $122,917,958 $122,917,958 $122,917,958 Intergovernmental Transfers $76,469,736 $76,469,736 $76,469,736 $76,469,736 WEDNESDAY, MARCH 8, 2006 2383 Intergovernmental Transfers Not Itemized $76,469,736 $76,469,736 $76,469,736 Rebates, Refunds, and Reimbursements $38,748,222 $38,748,222 $38,748,222 Rebates, Refunds, and Reimbursements Not Itemized $38,748,222 $38,748,222 $38,748,222 Sales and Services $7,700,000 $7,700,000 $7,700,000 Sales and Services Not Itemized $7,700,000 $7,700,000 $7,700,000 TOTAL PUBLIC FUNDS $130,312,864 $130,312,864 $130,312,864 Marine Institute Continuation Budget The purpose is to understand the processes that affect the condition of the salt marsh and coastline. TOTAL STATE FUNDS $923,165 $923,165 $923,165 State General Funds $923,165 $923,165 $923,165 TOTAL AGENCY FUNDS $767,633 $767,633 $767,633 Intergovernmental Transfers $700,000 $700,000 $700,000 Intergovernmental Transfers Not Itemized $700,000 $700,000 $700,000 Rebates, Refunds, and Reimbursements $67,633 $67,633 $67,633 Rebates, Refunds, and Reimbursements Not Itemized $67,633 $67,633 $67,633 TOTAL PUBLIC FUNDS $1,690,798 $1,690,798 $1,690,798 333. Marine Institute Appropriation (HB1026) The purpose is to understand the processes that affect the condition of the salt marsh and coastline. TOTAL STATE FUNDS $923,165 $923,165 $923,165 State General Funds $923,165 $923,165 $923,165 TOTAL AGENCY FUNDS $767,633 $767,633 $767,633 Intergovernmental Transfers $700,000 $700,000 $700,000 Intergovernmental Transfers Not Itemized $700,000 $700,000 $700,000 Rebates, Refunds, and Reimbursements $67,633 $67,633 $67,633 Rebates, Refunds, and Reimbursements Not Itemized $67,633 $67,633 $67,633 TOTAL PUBLIC FUNDS $1,690,798 $1,690,798 $1,690,798 Marine Resources Extension Center Continuation Budget The purpose is to transfer technology, provide training, and conduct applied research. TOTAL STATE FUNDS $1,426,750 $1,426,750 $1,426,750 State General Funds $1,426,750 $1,426,750 $1,426,750 TOTAL AGENCY FUNDS $1,184,800 $1,184,800 $1,184,800 $76,469,736 $38,748,222 $38,748,222 $7,700,000 $7,700,000 $130,312,864 $923,165 $923,165 $767,633 $700,000 $700,000 $67,633 $67,633 $1,690,798 $923,165 $923,165 $767,633 $700,000 $700,000 $67,633 $67,633 $1,690,798 $1,426,750 $1,426,750 $1,184,800 2384 JOURNAL OF THE HOUSE Intergovernmental Transfers $600,000 $600,000 $600,000 Intergovernmental Transfers Not Itemized $600,000 $600,000 $600,000 Rebates, Refunds, and Reimbursements $90,000 $90,000 $90,000 Rebates, Refunds, and Reimbursements Not Itemized $90,000 $90,000 $90,000 Sales and Services $494,800 $494,800 $494,800 Sales and Services Not Itemized $494,800 $494,800 $494,800 TOTAL PUBLIC FUNDS $2,611,550 $2,611,550 $2,611,550 334. Marine Resources Extension Center Appropriation (HB1026) The purpose is to transfer technology, provide training, and conduct applied research. TOTAL STATE FUNDS $1,426,750 $1,426,750 $1,426,750 State General Funds $1,426,750 $1,426,750 $1,426,750 TOTAL AGENCY FUNDS $1,184,800 $1,184,800 $1,184,800 Intergovernmental Transfers $600,000 $600,000 $600,000 Intergovernmental Transfers Not Itemized $600,000 $600,000 $600,000 Rebates, Refunds, and Reimbursements $90,000 $90,000 $90,000 Rebates, Refunds, and Reimbursements Not Itemized $90,000 $90,000 $90,000 Sales and Services $494,800 $494,800 $494,800 Sales and Services Not Itemized $494,800 $494,800 $494,800 TOTAL PUBLIC FUNDS $2,611,550 $2,611,550 $2,611,550 Medical College of Georgia Hospital and Clinics Continuation Budget The purpose is to care, teach, and refer clients. TOTAL STATE FUNDS $31,510,080 $31,510,080 $31,510,080 State General Funds $31,510,080 $31,510,080 $31,510,080 TOTAL PUBLIC FUNDS $31,510,080 $31,510,080 $31,510,080 335. Medical College of Georgia Hospital and Clinics Appropriation (HB1026) The purpose is to care, teach, and refer clients. TOTAL STATE FUNDS $31,510,080 $31,510,080 $31,510,080 State General Funds $31,510,080 $31,510,080 $31,510,080 TOTAL PUBLIC FUNDS $31,510,080 $31,510,080 $31,510,080 $600,000 $600,000 $90,000 $90,000 $494,800 $494,800 $2,611,550 $1,426,750 $1,426,750 $1,184,800 $600,000 $600,000 $90,000 $90,000 $494,800 $494,800 $2,611,550 $31,510,080 $31,510,080 $31,510,080 $31,510,080 $31,510,080 $31,510,080 WEDNESDAY, MARCH 8, 2006 2385 Office of Minority Business Enterprise Continuation Budget The purpose of this program is to provide assistance in the mitigation of factors that place minority businesses in a disadvantaged position. TOTAL STATE FUNDS $860,499 $860,499 $860,499 $860,499 State General Funds $860,499 $860,499 $860,499 $860,499 TOTAL PUBLIC FUNDS $860,499 $860,499 $860,499 $860,499 336. Office of Minority Business Enterprise Appropriation (HB1026) The purpose of this program is to provide assistance in the mitigation of factors that place minority businesses in a disadvantaged position. TOTAL STATE FUNDS $860,499 $860,499 $860,499 $860,499 State General Funds $860,499 $860,499 $860,499 $860,499 TOTAL PUBLIC FUNDS $860,499 $860,499 $860,499 $860,499 Public Service / Special Funding Initiatives Continuation Budget The purpose is to provide leadership, service, and education. TOTAL STATE FUNDS $29,821,275 $29,821,275 $29,821,275 $29,821,275 State General Funds $24,821,275 $24,821,275 $24,821,275 $24,821,275 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $29,821,275 $29,821,275 $29,821,275 $29,821,275 One-Time Expense 337.1 Provide funds to North Georgia College and State University for loss of revenues due to cadet deployment. State General Funds $0 $410,000 $410,000 $410,000 337. Public Service / Special Funding Initiatives Appropriation (HB1026) The purpose is to provide leadership, service, and education. TOTAL STATE FUNDS $29,821,275 $30,231,275 $30,231,275 $30,231,275 State General Funds $24,821,275 $25,231,275 $25,231,275 $25,231,275 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $29,821,275 $30,231,275 $30,231,275 $30,231,275 Regents Central Office Continuation Budget The purpose is to provide administrative support to all colleges and universities in the university system. TOTAL STATE FUNDS $7,264,505 $7,264,505 $7,264,505 $7,264,505 State General Funds $7,264,505 $7,264,505 $7,264,505 $7,264,505 2386 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $7,264,505 $7,264,505 $7,264,505 $7,264,505 Statewide Changes 338.1 WC, GTA, and GBA State General Funds $14,976 $14,976 $14,976 $14,976 Changes in Operations / Administration 338.2 Transfer from Public Libraries to correct an error in the GBA real estate rental rate. State General Funds $69,356 $69,356 $69,356 $69,356 338. Regents Central Office Appropriation (HB1026) The purpose is to provide administrative support to all colleges and universities in the university system. TOTAL STATE FUNDS $7,348,837 $7,348,837 $7,348,837 $7,348,837 State General Funds $7,348,837 $7,348,837 $7,348,837 $7,348,837 TOTAL PUBLIC FUNDS $7,348,837 $7,348,837 $7,348,837 $7,348,837 Research Consortium Continuation Budget The purpose is to conduct research to further industry in the State of Georgia. TOTAL STATE FUNDS $21,287,489 $21,287,489 $21,287,489 $21,287,489 State General Funds $20,537,489 $20,537,489 $20,537,489 $20,537,489 Tobacco Settlement Funds $750,000 $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $21,287,489 $21,287,489 $21,287,489 $21,287,489 One-Time Expense 339.1 Provide funds for research equipment in the Traditional Industries Program to replace the bond originally appropriated in FY 2006. State General Funds $900,000 $900,000 $900,000 $900,000 339.2 Provide funds for the Bio-Refinery for equipment. State General Funds $525,000 $525,000 $525,000 $525,000 339. Research Consortium Appropriation (HB1026) The purpose is to conduct research to further industry in the State of Georgia. TOTAL STATE FUNDS $22,712,489 $22,712,489 $22,712,489 $22,712,489 State General Funds $21,962,489 $21,962,489 $21,962,489 $21,962,489 Tobacco Settlement Funds $750,000 $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $22,712,489 $22,712,489 $22,712,489 $22,712,489 WEDNESDAY, MARCH 8, 2006 2387 Skidaway Institute of Oceanography Continuation Budget 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 STATE FUNDS $1,557,477 $1,557,477 $1,557,477 $1,557,477 State General Funds $1,557,477 $1,557,477 $1,557,477 $1,557,477 TOTAL AGENCY FUNDS $5,658,000 $5,658,000 $5,658,000 $5,658,000 Intergovernmental Transfers $4,113,000 $4,113,000 $4,113,000 $4,113,000 Intergovernmental Transfers Not Itemized $4,113,000 $4,113,000 $4,113,000 $4,113,000 Sales and Services $1,545,000 $1,545,000 $1,545,000 $1,545,000 Sales and Services Not Itemized $1,545,000 $1,545,000 $1,545,000 $1,545,000 TOTAL PUBLIC FUNDS $7,215,477 $7,215,477 $7,215,477 $7,215,477 Statewide Changes 340.1 WC, GTA, and GBA State General Funds $3,404 $3,404 $3,404 $3,404 340. Skidaway Institute of Oceanography Appropriation (HB1026) 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 STATE FUNDS $1,560,881 $1,560,881 $1,560,881 $1,560,881 State General Funds $1,560,881 $1,560,881 $1,560,881 $1,560,881 TOTAL AGENCY FUNDS $5,658,000 $5,658,000 $5,658,000 $5,658,000 Intergovernmental Transfers $4,113,000 $4,113,000 $4,113,000 $4,113,000 Intergovernmental Transfers Not Itemized $4,113,000 $4,113,000 $4,113,000 $4,113,000 Sales and Services $1,545,000 $1,545,000 $1,545,000 $1,545,000 Sales and Services Not Itemized $1,545,000 $1,545,000 $1,545,000 $1,545,000 TOTAL PUBLIC FUNDS $7,218,881 $7,218,881 $7,218,881 $7,218,881 Student Education Enrichment Program Continuation Budget The purpose of this program is to provide underrepresented Georgia residents the opportunity to acquire educational experiences. TOTAL STATE FUNDS $304,035 $304,035 $304,035 $304,035 State General Funds $304,035 $304,035 $304,035 $304,035 TOTAL PUBLIC FUNDS $304,035 $304,035 $304,035 $304,035 2388 JOURNAL OF THE HOUSE 341. Student Education Enrichment Program Appropriation (HB1026) The purpose of this program is to provide underrepresented Georgia residents the opportunity to acquire educational experiences. TOTAL STATE FUNDS $304,035 $304,035 $304,035 $304,035 State General Funds $304,035 $304,035 $304,035 $304,035 TOTAL PUBLIC FUNDS $304,035 $304,035 $304,035 $304,035 Teaching Continuation Budget 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 STATE FUNDS $1,558,562,243 $1,558,562,243 $1,558,562,243 $1,558,562,243 State General Funds $1,558,562,243 $1,558,562,243 $1,558,562,243 $1,558,562,243 TOTAL AGENCY FUNDS $2,468,702,893 $2,468,702,893 $2,468,702,893 $2,468,702,893 Contributions, Donations, and Forfeitures $38,364,204 $38,364,204 $38,364,204 $38,364,204 Contributions, Donations, and Forfeitures Not Itemized $38,364,204 $38,364,204 $38,364,204 $38,364,204 Intergovernmental Transfers $1,380,525,444 $1,380,525,444 $1,380,525,444 $1,380,525,444 Intergovernmental Transfers Not Itemized $1,380,525,444 $1,380,525,444 $1,380,525,444 $1,380,525,444 Sales and Services $1,049,813,245 $1,049,813,245 $1,049,813,245 $1,049,813,245 Sales and Services Not Itemized $1,049,813,245 $1,049,813,245 $1,049,813,245 $1,049,813,245 TOTAL PUBLIC FUNDS $4,027,265,136 $4,027,265,136 $4,027,265,136 $4,027,265,136 Statewide Changes 342.1 WC, GTA, and GBA State General Funds $1,699,608 $1,699,608 $1,699,608 $1,699,608 Changes in Operations / Administration 342.2 Adjust debt service payback amount for the Student Center construction project at Georgia Southern University. State General Funds $677,118 $677,118 $677,118 $677,118 Changes in How the Program is Funded 342.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reflect the actual annual operating budget. Intergovernmental Transfers Not Itemized $5,840,110 $5,840,110 Rebates, Refunds, and Reimbursements Not Itemized $11,681,021 $11,681,021 Sales and Services Not Itemized $9,134,180 $9,134,180 WEDNESDAY, MARCH 8, 2006 2389 TOTAL PUBLIC FUNDS $26,655,311 $26,655,311 342. Teaching Appropriation (HB1026) 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 STATE FUNDS $1,560,938,969 $1,560,938,969 $1,560,938,969 $1,560,938,969 State General Funds $1,560,938,969 $1,560,938,969 $1,560,938,969 $1,560,938,969 TOTAL AGENCY FUNDS $2,468,702,893 $2,468,702,893 $2,495,358,204 $2,495,358,204 Contributions, Donations, and Forfeitures $38,364,204 $38,364,204 $38,364,204 $38,364,204 Contributions, Donations, and Forfeitures Not Itemized $38,364,204 $38,364,204 $38,364,204 $38,364,204 Intergovernmental Transfers $1,380,525,444 $1,380,525,444 $1,386,365,554 $1,386,365,554 Intergovernmental Transfers Not Itemized $1,380,525,444 $1,380,525,444 $1,386,365,554 $1,386,365,554 Rebates, Refunds, and Reimbursements $11,681,021 $11,681,021 Rebates, Refunds, and Reimbursements Not Itemized $11,681,021 $11,681,021 Sales and Services $1,049,813,245 $1,049,813,245 $1,058,947,425 $1,058,947,425 Sales and Services Not Itemized $1,049,813,245 $1,049,813,245 $1,058,947,425 $1,058,947,425 TOTAL PUBLIC FUNDS $4,029,641,862 $4,029,641,862 $4,056,297,173 $4,056,297,173 Veterinary Medicine Experiment Station Continuation Budget 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 STATE FUNDS $3,148,784 $3,148,784 $3,148,784 $3,148,784 State General Funds $3,148,784 $3,148,784 $3,148,784 $3,148,784 TOTAL PUBLIC FUNDS $3,148,784 $3,148,784 $3,148,784 $3,148,784 343. Veterinary Medicine Experiment Station Appropriation (HB1026) 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 STATE FUNDS $3,148,784 $3,148,784 $3,148,784 $3,148,784 State General Funds $3,148,784 $3,148,784 $3,148,784 $3,148,784 TOTAL PUBLIC FUNDS $3,148,784 $3,148,784 $3,148,784 $3,148,784 Veterinary Medicine Teaching Hospital Continuation Budget 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. 2390 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $478,173 $478,173 $478,173 $478,173 State General Funds $478,173 $478,173 $478,173 $478,173 TOTAL AGENCY FUNDS $6,700,000 $6,700,000 $6,700,000 $6,700,000 Sales and Services $6,700,000 $6,700,000 $6,700,000 $6,700,000 Sales and Services Not Itemized $6,700,000 $6,700,000 $6,700,000 $6,700,000 TOTAL PUBLIC FUNDS $7,178,173 $7,178,173 $7,178,173 $7,178,173 344. Veterinary Medicine Teaching Hospital Appropriation (HB1026) 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 STATE FUNDS $478,173 $478,173 $478,173 $478,173 State General Funds $478,173 $478,173 $478,173 $478,173 TOTAL AGENCY FUNDS $6,700,000 $6,700,000 $6,700,000 $6,700,000 Sales and Services $6,700,000 $6,700,000 $6,700,000 $6,700,000 Sales and Services Not Itemized $6,700,000 $6,700,000 $6,700,000 $6,700,000 TOTAL PUBLIC FUNDS $7,178,173 $7,178,173 $7,178,173 $7,178,173 Payments to the Georgia Cancer Coalition Continuation Budget The purpose is to provide funds to the Cancer Coalition for ongoing research and preventative measures. TOTAL STATE FUNDS $10,482,554 $10,482,554 $10,482,554 $10,482,554 Tobacco Settlement Funds $10,482,554 $10,482,554 $10,482,554 $10,482,554 TOTAL PUBLIC FUNDS $10,482,554 $10,482,554 $10,482,554 $10,482,554 Changes in Operations / Administration 345.1 Funds were transferred to the Board of Regents by an Executive Order. (S and CC:Maintain as a separate program.) Tobacco Settlement Funds $0 $0 $0 $0 345. Payments to the Georgia Cancer Coalition Appropriation (HB1026) The purpose is to provide funds to the Cancer Coalition for ongoing research and preventative measures. TOTAL STATE FUNDS $10,482,554 $10,482,554 $10,482,554 $10,482,554 Tobacco Settlement Funds $10,482,554 $10,482,554 $10,482,554 $10,482,554 TOTAL PUBLIC FUNDS $10,482,554 $10,482,554 $10,482,554 $10,482,554 Payments to Georgia Military College Continuation Budget The purpose is to provide quality basic education funding for the grades 6-12 middle school/high school. WEDNESDAY, MARCH 8, 2006 2391 TOTAL STATE FUNDS $2,500,092 $2,500,092 $2,500,092 $2,500,092 State General Funds $2,500,092 $2,500,092 $2,500,092 $2,500,092 TOTAL PUBLIC FUNDS $2,500,092 $2,500,092 $2,500,092 $2,500,092 Statewide Changes 346.1 WC, GTA, and GBA State General Funds $13,642 $13,642 $13,642 $13,642 One-Time Expense 346.2 Provide funds for loss of revenues due to cadet deployment. State General Funds $383,000 $383,000 $383,000 346. Payments to Georgia Military College Appropriation (HB1026) The purpose is to provide quality basic education funding for the grades 6-12 middle school/high school. TOTAL STATE FUNDS $2,513,734 $2,896,734 $2,896,734 $2,896,734 State General Funds $2,513,734 $2,896,734 $2,896,734 $2,896,734 TOTAL PUBLIC FUNDS $2,513,734 $2,896,734 $2,896,734 $2,896,734 Payments to Public Telecommunications Commission, Georgia Continuation Budget 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 STATE FUNDS $16,954,058 $16,954,058 $16,954,058 $16,954,058 State General Funds $16,954,058 $16,954,058 $16,954,058 $16,954,058 TOTAL PUBLIC FUNDS $16,954,058 $16,954,058 $16,954,058 $16,954,058 Statewide Changes 347.1 WC, GTA, and GBA State General Funds $4,591 $4,591 $4,591 $4,591 347. Payments to Public Telecommunications Commission, Appropriation (HB1026) 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 STATE FUNDS $16,958,649 $16,958,649 $16,958,649 $16,958,649 State General Funds $16,958,649 $16,958,649 $16,958,649 $16,958,649 TOTAL PUBLIC FUNDS $16,958,649 $16,958,649 $16,958,649 $16,958,649 2392 JOURNAL OF THE HOUSE Public Libraries Continuation Budget The purpose is to provide library services for Georgians and to award grants from the Public Library Fund. TOTAL STATE FUNDS $35,748,543 $35,748,543 $35,748,543 $35,748,543 State General Funds $35,748,543 $35,748,543 $35,748,543 $35,748,543 TOTAL FEDERAL FUNDS $2,509,208 $2,509,208 $2,509,208 $2,509,208 Federal Funds Not Itemized $2,509,208 $2,509,208 $2,509,208 $2,509,208 TOTAL PUBLIC FUNDS $38,257,751 $38,257,751 $38,257,751 $38,257,751 Statewide Changes 348.1 WC, GTA, and GBA State General Funds $2,042 $2,042 $2,042 $2,042 Changes in Operations / Administration 348.2 Transfer to Regents Central Office to correct an error in the GBA real estate rental rate. State General Funds ($69,356) ($69,356) ($69,356) ($69,356) 348.3 Adjust funds to correct an error in the increase of the employer share of the State Health Benefit Plan. State General Funds $220,000 $220,000 $220,000 $220,000 One-Time Expense 348.4 Provide grant funds for resources and materials to be equally distributed to each library system. (CC: Creation of joint library enhancement fund to be funded equally by both chambers at $2,000,000 in FY2007 General Budget) State General Funds $2,000,000 $0 348. Public Libraries Appropriation (HB1026) The purpose is to provide library services for Georgians and to award grants from the Public Library Fund. TOTAL STATE FUNDS $35,901,229 $35,901,229 $37,901,229 $35,901,229 State General Funds $35,901,229 $35,901,229 $37,901,229 $35,901,229 TOTAL FEDERAL FUNDS $2,509,208 $2,509,208 $2,509,208 $2,509,208 Federal Funds Not Itemized $2,509,208 $2,509,208 $2,509,208 $2,509,208 TOTAL PUBLIC FUNDS $38,410,437 $38,410,437 $40,410,437 $38,410,437 One-Time Expense 427.2 Provide funds for a Coverdell Eminent Scholar at Georgia College and State University. State General Funds $500,000 $500,000 427. Georgia Eminent Scholars Endowment Trust Fund Appropriation (HB1026) The purpose of this appropriation is provide challenge grants to raise funds to be used by units of the University System of WEDNESDAY, MARCH 8, 2006 2393 Georgia and foundations established to further the work of such units in endowing chairs to attract eminent scholars to join the faculties of units of the University System of Georgia. TOTAL STATE FUNDS $500,000 $500,000 State General Funds $500,000 $500,000 TOTAL PUBLIC FUNDS $500,000 $500,000 Section 40: Revenue, Department of Section Total - Continuation TOTAL STATE FUNDS $538,503,629 $538,503,629 $538,503,629 $538,503,629 State General Funds $538,353,629 $538,353,629 $538,353,629 $538,353,629 Tobacco Settlement Funds $150,000 $150,000 $150,000 $150,000 TOTAL AGENCY FUNDS $7,005,348 $7,005,348 $7,005,348 $7,005,348 Reserved Fund Balances $426,769 $426,769 $426,769 $426,769 Sales and Services $6,578,579 $6,578,579 $6,578,579 $6,578,579 TOTAL PUBLIC FUNDS $545,508,977 $545,508,977 $545,508,977 $545,508,977 Section Total - Final TOTAL STATE FUNDS $528,217,125 $524,792,125 $524,792,125 $524,792,125 State General Funds $528,067,125 $524,642,125 $524,642,125 $524,642,125 Tobacco Settlement Funds $150,000 $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $1,692,514 $1,692,514 Federal Funds Not Itemized $1,692,514 $1,692,514 TOTAL AGENCY FUNDS $7,005,348 $7,005,348 $14,896,089 $11,471,089 Reserved Fund Balances $426,769 $426,769 $426,769 $426,769 Intergovernmental Transfers $3,425,000 Rebates, Refunds, and Reimbursements $103,185 $103,185 Sales and Services $6,578,579 $6,578,579 $10,941,135 $10,941,135 TOTAL PUBLIC FUNDS $535,222,473 $531,797,473 $541,380,728 $537,955,728 Customer Service Continuation Budget 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 STATE FUNDS $9,644,919 $9,644,919 $9,644,919 $9,644,919 2394 JOURNAL OF THE HOUSE State General Funds $9,644,919 $9,644,919 $9,644,919 $9,644,919 TOTAL AGENCY FUNDS $2,110,135 $2,110,135 $2,110,135 $2,110,135 Sales and Services $2,110,135 $2,110,135 $2,110,135 $2,110,135 Sales and Services Not Itemized $2,110,135 $2,110,135 $2,110,135 $2,110,135 TOTAL PUBLIC FUNDS $11,755,054 $11,755,054 $11,755,054 $11,755,054 Statewide Changes 349.1 WC, GTA, and GBA State General Funds $8,469 $8,469 $8,469 $8,469 One-Time Expense 349.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for agency funds to cover Department of Law invoices for legal representation in public utility appraisal litigation. Rebates, Refunds, and Reimbursements Not Itemized $103,185 $103,185 Changes in the Size of the Program 349.2 Transfer unclaimed surplus funds from Homeowners' Tax Relief Grants to ensure positive customer relations with Georgia taxpayers. State General Funds $675,936 $675,936 $675,936 $675,936 349. Customer Service Appropriation (HB1026) 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 STATE FUNDS $10,329,324 $10,329,324 $10,329,324 $10,329,324 State General Funds $10,329,324 $10,329,324 $10,329,324 $10,329,324 TOTAL AGENCY FUNDS $2,110,135 $2,110,135 $2,213,320 $2,213,320 Rebates, Refunds, and Reimbursements $103,185 $103,185 Rebates, Refunds, and Reimbursements Not Itemized $103,185 $103,185 Sales and Services $2,110,135 $2,110,135 $2,110,135 $2,110,135 Sales and Services Not Itemized $2,110,135 $2,110,135 $2,110,135 $2,110,135 TOTAL PUBLIC FUNDS $12,439,459 $12,439,459 $12,542,644 $12,542,644 Departmental Administration Continuation Budget 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 STATE FUNDS $3,979,012 $3,979,012 $3,979,012 $3,979,012 WEDNESDAY, MARCH 8, 2006 2395 State General Funds $3,979,012 $3,979,012 $3,979,012 $3,979,012 TOTAL PUBLIC FUNDS $3,979,012 $3,979,012 $3,979,012 $3,979,012 Statewide Changes 350.1 WC, GTA, and GBA State General Funds $1,853 $1,853 $1,853 $1,853 Changes in the Size of the Program 350.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to cover projected cost of administration. Sales and Services Not Itemized $385,200 $385,200 350. Departmental Administration Appropriation (HB1026) 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 STATE FUNDS $3,980,865 $3,980,865 $3,980,865 $3,980,865 State General Funds $3,980,865 $3,980,865 $3,980,865 $3,980,865 TOTAL AGENCY FUNDS $385,200 $385,200 Sales and Services $385,200 $385,200 Sales and Services Not Itemized $385,200 $385,200 TOTAL PUBLIC FUNDS $3,980,865 $3,980,865 $4,366,065 $4,366,065 Grants and Distribution Continuation Budget 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 STATE FUNDS $8,825,027 $8,825,027 $8,825,027 $8,825,027 State General Funds $8,825,027 $8,825,027 $8,825,027 $8,825,027 TOTAL PUBLIC FUNDS $8,825,027 $8,825,027 $8,825,027 $8,825,027 351. Grants and Distribution Appropriation (HB1026) 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 STATE FUNDS $8,825,027 $8,825,027 $8,825,027 $8,825,027 State General Funds $8,825,027 $8,825,027 $8,825,027 $8,825,027 TOTAL PUBLIC FUNDS $8,825,027 $8,825,027 $8,825,027 $8,825,027 2396 JOURNAL OF THE HOUSE Homeowner Tax Relief Grants Continuation Budget 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 STATE FUNDS $432,290,501 $432,290,501 $432,290,501 $432,290,501 State General Funds $432,290,501 $432,290,501 $432,290,501 $432,290,501 TOTAL PUBLIC FUNDS $432,290,501 $432,290,501 $432,290,501 $432,290,501 Changes in the Size of the Program 352.1 Reduce remaining unclaimed surplus in the Homeowners' Tax Relief Grants. State General Funds ($10,324,254) ($10,324,254) ($10,324,254) ($10,324,254) 352.2 Transfer unclaimed surplus funds to Revenue Processing, Tax Compliance, Customer Service and Motor Vehicle Registration to ensure accurate vehicle tax processing. State General Funds ($9,675,746) ($9,675,746) ($9,675,746) ($9,675,746) 352. Homeowner Tax Relief Grants Appropriation (HB1026) 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 STATE FUNDS $412,290,501 $412,290,501 $412,290,501 $412,290,501 State General Funds $412,290,501 $412,290,501 $412,290,501 $412,290,501 TOTAL PUBLIC FUNDS $412,290,501 $412,290,501 $412,290,501 $412,290,501 Industry Regulation Continuation Budget 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 STATE FUNDS $4,516,392 $4,516,392 $4,516,392 $4,516,392 State General Funds $4,366,392 $4,366,392 $4,366,392 $4,366,392 Tobacco Settlement Funds $150,000 $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $4,516,392 $4,516,392 $4,516,392 $4,516,392 Statewide Changes 353.1 WC, GTA, and GBA State General Funds $2,890 $2,890 $2,890 $2,890 Changes in the Size of the Program 353.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to cover the cost of operating the On-Road Dyed Fuel Inspection Program, and to track and monitor compliance activities at WEDNESDAY, MARCH 8, 2006 2397 locations where tobacco products are sold and to ensure tobacco products are not sold to minors. Federal Funds Not Itemized $368,918 $368,918 TOTAL PUBLIC FUNDS $368,918 $368,918 353. Industry Regulation Appropriation (HB1026) 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 STATE FUNDS $4,519,282 $4,519,282 $4,519,282 $4,519,282 State General Funds $4,369,282 $4,369,282 $4,369,282 $4,369,282 Tobacco Settlement Funds $150,000 $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $368,918 $368,918 Federal Funds Not Itemized $368,918 $368,918 TOTAL PUBLIC FUNDS $4,519,282 $4,519,282 $4,888,200 $4,888,200 Revenue Processing Continuation Budget 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 STATE FUNDS $28,891,183 $28,891,183 $28,891,183 $28,891,183 State General Funds $28,891,183 $28,891,183 $28,891,183 $28,891,183 TOTAL AGENCY FUNDS $426,769 $426,769 $426,769 $426,769 Reserved Fund Balances $426,769 $426,769 $426,769 $426,769 Reserved Fund Balances Not Itemized $426,769 $426,769 $426,769 $426,769 TOTAL PUBLIC FUNDS $29,317,952 $29,317,952 $29,317,952 $29,317,952 Statewide Changes 354.1 WC, GTA, and GBA State General Funds $20,620 $20,620 $20,620 $20,620 Changes in How the Program is Funded 354.4 Recapture unclaimed surplus funds from Homeowners' Tax Relief Grants originally designated for Revenue Processing. (S: Recognize in kind Payments from Georgia Technology Authority originally in HB85 remitted to State Treasury). (CC: Do not recognize in-kind payments from GTA.) State General Funds ($3,425,000) ($3,425,000) ($3,425,000) Intergovernmental Transfers Not Itemized $3,425,000 $0 TOTAL PUBLIC FUNDS $0 ($3,425,000) 2398 JOURNAL OF THE HOUSE Changes in the Size of the Program 354.2 Transfer one position to the Department of Public Safety. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 354.3 Transfer unclaimed surplus funds from Homeowners' Tax Relief Grants to ensure timely and accurate processing of tax returns. State General Funds $7,425,526 $7,425,526 $7,425,526 $7,425,526 354. Revenue Processing Appropriation (HB1026) 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 STATE FUNDS $36,307,329 $32,882,329 $32,882,329 $32,882,329 State General Funds $36,307,329 $32,882,329 $32,882,329 $32,882,329 TOTAL AGENCY FUNDS $426,769 $426,769 $3,851,769 $426,769 Reserved Fund Balances $426,769 $426,769 $426,769 $426,769 Reserved Fund Balances Not Itemized $426,769 $426,769 $426,769 $426,769 Intergovernmental Transfers $3,425,000 Intergovernmental Transfers Not Itemized $3,425,000 TOTAL PUBLIC FUNDS $36,734,098 $33,309,098 $36,734,098 $33,309,098 Salvage Inspection Continuation Budget The purpose is for the inspection of rebuilt salvage vehicles. TOTAL STATE FUNDS $1,527,364 $1,527,364 $1,527,364 $1,527,364 State General Funds $1,527,364 $1,527,364 $1,527,364 $1,527,364 TOTAL PUBLIC FUNDS $1,527,364 $1,527,364 $1,527,364 $1,527,364 Statewide Changes 355.1 WC, GTA, and GBA State General Funds $1,181 $1,181 $1,181 $1,181 355. Salvage Inspection Appropriation (HB1026) The purpose is for the inspection of rebuilt salvage vehicles. TOTAL STATE FUNDS $1,528,545 $1,528,545 $1,528,545 $1,528,545 State General Funds $1,528,545 $1,528,545 $1,528,545 $1,528,545 TOTAL PUBLIC FUNDS $1,528,545 $1,528,545 $1,528,545 $1,528,545 WEDNESDAY, MARCH 8, 2006 2399 State Board of Equalization Continuation Budget 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 STATE FUNDS $5,000 $5,000 $5,000 $5,000 State General Funds $5,000 $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $5,000 $5,000 $5,000 $5,000 356. State Board of Equalization Appropriation (HB1026) 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 STATE FUNDS $5,000 $5,000 $5,000 $5,000 State General Funds $5,000 $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $5,000 $5,000 $5,000 $5,000 Tag and Title Registration Continuation Budget The purpose is to establish motor vehicle ownership. TOTAL STATE FUNDS $22,099,571 $22,099,571 $22,099,571 $22,099,571 State General Funds $22,099,571 $22,099,571 $22,099,571 $22,099,571 TOTAL AGENCY FUNDS $652,681 $652,681 $652,681 $652,681 Sales and Services $652,681 $652,681 $652,681 $652,681 Sales and Services Not Itemized $652,681 $652,681 $652,681 $652,681 TOTAL PUBLIC FUNDS $22,752,252 $22,752,252 $22,752,252 $22,752,252 Statewide Changes 357.1 WC, GTA, and GBA State General Funds $10,458 $10,458 $10,458 $10,458 Changes in the Size of the Program 357.2 Transfer unclaimed surplus funds from Homeowners' Tax Relief Grants to ensure accurate vehicle tax processing. State General Funds $225,000 $225,000 $225,000 $225,000 357. Tag and Title Registration Appropriation (HB1026) The purpose is to establish motor vehicle ownership. TOTAL STATE FUNDS $22,335,029 $22,335,029 $22,335,029 $22,335,029 2400 JOURNAL OF THE HOUSE State General Funds $22,335,029 $22,335,029 $22,335,029 $22,335,029 TOTAL AGENCY FUNDS $652,681 $652,681 $652,681 $652,681 Sales and Services $652,681 $652,681 $652,681 $652,681 Sales and Services Not Itemized $652,681 $652,681 $652,681 $652,681 TOTAL PUBLIC FUNDS $22,987,710 $22,987,710 $22,987,710 $22,987,710 Tax Compliance Continuation Budget The purpose is to ensure that all taxpayers pay the correct amount of taxes owed under the law. TOTAL STATE FUNDS $26,724,660 $26,724,660 $26,724,660 $26,724,660 State General Funds $26,724,660 $26,724,660 $26,724,660 $26,724,660 TOTAL AGENCY FUNDS $3,815,763 $3,815,763 $3,815,763 $3,815,763 Sales and Services $3,815,763 $3,815,763 $3,815,763 $3,815,763 Sales and Services Not Itemized $3,815,763 $3,815,763 $3,815,763 $3,815,763 TOTAL PUBLIC FUNDS $30,540,423 $30,540,423 $30,540,423 $30,540,423 Statewide Changes 358.1 WC, GTA, and GBA State General Funds $22,279 $22,279 $22,279 $22,279 Changes in the Size of the Program 358.2 Transfer unclaimed surplus funds from Homeowners' Tax Relief Grants to ensure timely and accurate revenue collections processing. State General Funds $1,349,284 $1,349,284 $1,349,284 $1,349,284 358.3 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments for federal funds to supplement the cost of enforcing motor vehicle tax compliance, and agency funds for seventy-five revenue agents. Federal Funds Not Itemized $1,323,596 $1,323,596 Sales and Services Not Itemized $3,977,356 $3,977,356 TOTAL PUBLIC FUNDS $5,300,952 $5,300,952 358. Tax Compliance Appropriation (HB1026) The purpose is to ensure that all taxpayers pay the correct amount of taxes owed under the law. TOTAL STATE FUNDS $28,096,223 $28,096,223 $28,096,223 $28,096,223 State General Funds $28,096,223 $28,096,223 $28,096,223 $28,096,223 TOTAL FEDERAL FUNDS $1,323,596 $1,323,596 Federal Funds Not Itemized $1,323,596 $1,323,596 WEDNESDAY, MARCH 8, 2006 2401 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,815,763 $3,815,763 $3,815,763 $31,911,986 $3,815,763 $3,815,763 $3,815,763 $31,911,986 $7,793,119 $7,793,119 $7,793,119 $37,212,938 $7,793,119 $7,793,119 $7,793,119 $37,212,938 Section 41A: Secretary of State Section Total - Continuation TOTAL STATE FUNDS $34,038,145 $34,038,145 $34,038,145 $34,038,145 State General Funds $34,038,145 $34,038,145 $34,038,145 $34,038,145 TOTAL AGENCY FUNDS $1,493,584 $1,493,584 $1,493,584 $1,493,584 Rebates, Refunds, and Reimbursements $50,000 $50,000 $50,000 $50,000 Sales and Services $1,443,584 $1,443,584 $1,443,584 $1,443,584 TOTAL PUBLIC FUNDS $35,531,729 $35,531,729 $35,531,729 $35,531,729 Section Total - Final TOTAL STATE FUNDS $35,078,552 $35,865,552 $36,065,775 $36,065,775 State General Funds $35,078,552 $35,865,552 $36,065,775 $36,065,775 TOTAL AGENCY FUNDS $1,493,584 $1,493,584 $1,493,584 $1,493,584 Rebates, Refunds, and Reimbursements $50,000 $50,000 $50,000 $50,000 Sales and Services $1,443,584 $1,443,584 $1,443,584 $1,443,584 TOTAL PUBLIC FUNDS $36,572,136 $37,359,136 $37,559,359 $37,559,359 Archives and Records Continuation Budget The purpose is to assist 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 STATE FUNDS $5,856,020 $5,856,020 $5,856,020 $5,856,020 State General Funds $5,856,020 $5,856,020 $5,856,020 $5,856,020 TOTAL AGENCY FUNDS $504,234 $504,234 $504,234 $504,234 Sales and Services $504,234 $504,234 $504,234 $504,234 Sales and Services Not Itemized $504,234 $504,234 $504,234 $504,234 TOTAL PUBLIC FUNDS $6,360,254 $6,360,254 $6,360,254 $6,360,254 Statewide Changes 359.1 WC, GTA, and GBA 2402 JOURNAL OF THE HOUSE State General Funds $2,655 $2,655 $2,655 $2,655 Changes in How the Program is Funded 359.2 Create a new fund source to properly reflect the Record Center Storage revenue. (H and S:YES) Sales and Services Not Itemized $0 $0 $0 359. Archives and Records Appropriation (HB1026) The purpose is to assist 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 STATE FUNDS $5,858,675 $5,858,675 $5,858,675 $5,858,675 State General Funds $5,858,675 $5,858,675 $5,858,675 $5,858,675 TOTAL AGENCY FUNDS $504,234 $504,234 $504,234 $504,234 Sales and Services $504,234 $504,234 $504,234 $504,234 Sales and Services Not Itemized $504,234 $504,234 $504,234 $504,234 TOTAL PUBLIC FUNDS $6,362,909 $6,362,909 $6,362,909 $6,362,909 Capitol Tours Continuation Budget The purpose of this appropriation is to educate Georgians on the importance of civic involvement, the functions of state government, and the history of the State Capitol. TOTAL STATE FUNDS $151,672 $151,672 $151,672 $151,672 State General Funds $151,672 $151,672 $151,672 $151,672 TOTAL PUBLIC FUNDS $151,672 $151,672 $151,672 $151,672 Statewide Changes 360.1 WC, GTA, and GBA State General Funds $122 $122 $122 $122 360. Capitol Tours Appropriation (HB1026) The purpose of this appropriation is to educate Georgians on the importance of civic involvement, the functions of state government, and the history of the State Capitol. TOTAL STATE FUNDS $151,794 $151,794 $151,794 $151,794 State General Funds $151,794 $151,794 $151,794 $151,794 TOTAL PUBLIC FUNDS $151,794 $151,794 $151,794 $151,794 Corporations Continuation Budget 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. WEDNESDAY, MARCH 8, 2006 2403 TOTAL STATE FUNDS $1,312,934 $1,312,934 $1,312,934 $1,312,934 State General Funds $1,312,934 $1,312,934 $1,312,934 $1,312,934 TOTAL AGENCY FUNDS $739,350 $739,350 $739,350 $739,350 Sales and Services $739,350 $739,350 $739,350 $739,350 Sales and Services Not Itemized $739,350 $739,350 $739,350 $739,350 TOTAL PUBLIC FUNDS $2,052,284 $2,052,284 $2,052,284 $2,052,284 Statewide Changes 361.1 WC, GTA, and GBA State General Funds $1,414 $1,414 $1,414 $1,414 361. Corporations Appropriation (HB1026) 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 STATE FUNDS $1,314,348 $1,314,348 $1,314,348 $1,314,348 State General Funds $1,314,348 $1,314,348 $1,314,348 $1,314,348 TOTAL AGENCY FUNDS $739,350 $739,350 $739,350 $739,350 Sales and Services $739,350 $739,350 $739,350 $739,350 Sales and Services Not Itemized $739,350 $739,350 $739,350 $739,350 TOTAL PUBLIC FUNDS $2,053,698 $2,053,698 $2,053,698 $2,053,698 Elections Continuation Budget 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 STATE FUNDS $5,545,164 $5,545,164 $5,545,164 $5,545,164 State General Funds $5,545,164 $5,545,164 $5,545,164 $5,545,164 TOTAL AGENCY FUNDS $20,000 $20,000 $20,000 $20,000 Sales and Services $20,000 $20,000 $20,000 $20,000 Sales and Services Not Itemized $20,000 $20,000 $20,000 $20,000 TOTAL PUBLIC FUNDS $5,565,164 $5,565,164 $5,565,164 $5,565,164 Statewide Changes 362.1 WC, GTA, and GBA 2404 JOURNAL OF THE HOUSE State General Funds $1,715 $1,715 $1,715 $1,715 One-Time Expense 362.2 Provide funds for notification of voters affected by redistricting. State General Funds $964,923 $964,923 $964,923 $964,923 Changes in How the Program is Funded 362.3 Transfer remaining funding for the State Board of Election to the new Budget Unit along with voter education funds to implement SB84 (S and CC:YES). State General Funds $0 $0 362. Elections Appropriation (HB1026) 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 STATE FUNDS $6,511,802 $6,511,802 $6,511,802 $6,511,802 State General Funds $6,511,802 $6,511,802 $6,511,802 $6,511,802 TOTAL AGENCY FUNDS $20,000 $20,000 $20,000 $20,000 Sales and Services $20,000 $20,000 $20,000 $20,000 Sales and Services Not Itemized $20,000 $20,000 $20,000 $20,000 TOTAL PUBLIC FUNDS $6,531,802 $6,531,802 $6,531,802 $6,531,802 Office Administration Continuation Budget The purpose of the Administration Division is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $4,642,318 $4,642,318 $4,642,318 $4,642,318 State General Funds $4,642,318 $4,642,318 $4,642,318 $4,642,318 TOTAL AGENCY FUNDS $30,000 $30,000 $30,000 $30,000 Sales and Services $30,000 $30,000 $30,000 $30,000 Sales and Services Not Itemized $30,000 $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $4,672,318 $4,672,318 $4,672,318 $4,672,318 Statewide Changes 363.1 WC, GTA, and GBA State General Funds $4,213 $4,213 $4,213 $4,213 WEDNESDAY, MARCH 8, 2006 2405 Changes in the Size of the Program 363.2 Provide funds for legal fees associated with Voter ID litigation. State General Funds $287,000 $487,223 $487,223 363. Office Administration Appropriation (HB1026) The purpose of the Administration Division is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $4,646,531 $4,933,531 $5,133,754 $5,133,754 State General Funds $4,646,531 $4,933,531 $5,133,754 $5,133,754 TOTAL AGENCY FUNDS $30,000 $30,000 $30,000 $30,000 Sales and Services $30,000 $30,000 $30,000 $30,000 Sales and Services Not Itemized $30,000 $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $4,676,531 $4,963,531 $5,163,754 $5,163,754 Professional Licensing Boards Continuation Budget The purpose is to protect the public health and welfare by supporting all operations of Boards which license professions. TOTAL STATE FUNDS $9,318,609 $9,318,609 $9,318,609 $9,318,609 State General Funds $9,318,609 $9,318,609 $9,318,609 $9,318,609 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $9,468,609 $9,468,609 $9,468,609 $9,468,609 Statewide Changes 364.1 WC, GTA, and GBA State General Funds $6,795 $6,795 $6,795 $6,795 364. Professional Licensing Boards Appropriation (HB1026) The purpose is to protect the public health and welfare by supporting all operations of Boards which license professions. TOTAL STATE FUNDS $9,325,404 $9,325,404 $9,325,404 $9,325,404 State General Funds $9,325,404 $9,325,404 $9,325,404 $9,325,404 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $9,475,404 $9,475,404 $9,475,404 $9,475,404 2406 JOURNAL OF THE HOUSE Securities Continuation Budget 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 STATE FUNDS $1,961,222 $1,961,222 $1,961,222 $1,961,222 State General Funds $1,961,222 $1,961,222 $1,961,222 $1,961,222 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements $50,000 $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements Not Itemized $50,000 $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $2,011,222 $2,011,222 $2,011,222 $2,011,222 Statewide Changes 365.1 WC, GTA, and GBA State General Funds $1,946 $1,946 $1,946 $1,946 365. Securities Appropriation (HB1026) 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 STATE FUNDS $1,963,168 $1,963,168 $1,963,168 $1,963,168 State General Funds $1,963,168 $1,963,168 $1,963,168 $1,963,168 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements $50,000 $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements Not Itemized $50,000 $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $2,013,168 $2,013,168 $2,013,168 $2,013,168 Drugs and Narcotics Agency, Georgia Continuation Budget 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 STATE FUNDS $1,288,769 $1,288,769 $1,288,769 $1,288,769 State General Funds $1,288,769 $1,288,769 $1,288,769 $1,288,769 TOTAL PUBLIC FUNDS $1,288,769 $1,288,769 $1,288,769 $1,288,769 Statewide Changes 366.1 WC, GTA, and GBA State General Funds $1,259 $1,259 $1,259 $1,259 WEDNESDAY, MARCH 8, 2006 2407 366. Drugs and Narcotics Agency, Georgia Appropriation (HB1026) 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 STATE FUNDS $1,290,028 $1,290,028 $1,290,028 $1,290,028 State General Funds $1,290,028 $1,290,028 $1,290,028 $1,290,028 TOTAL PUBLIC FUNDS $1,290,028 $1,290,028 $1,290,028 $1,290,028 State Ethics Commission Continuation Budget 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 STATE FUNDS $824,434 $824,434 $824,434 $824,434 State General Funds $824,434 $824,434 $824,434 $824,434 TOTAL PUBLIC FUNDS $824,434 $824,434 $824,434 $824,434 Statewide Changes 367.1 WC, GTA, and GBA State General Funds $679 $679 $679 $679 One-Time Expense 367.2 Provide funds necessary to transfer electronic elections filing system from Secretary of State to State Ethics Commission. State General Funds $16,500 $16,500 $16,500 $16,500 367.4 Provide funds for technology upgrades and software compatibility. State General Funds $88,000 $88,000 $88,000 367.5 Provide funds for upgrades in technology associated with HB 48 (electronic campaign filing). State General Funds $412,000 $412,000 $412,000 367. State Ethics Commission Appropriation (HB1026) 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 STATE FUNDS $841,613 $1,341,613 $1,341,613 $1,341,613 State General Funds $841,613 $1,341,613 $1,341,613 $1,341,613 TOTAL PUBLIC FUNDS $841,613 $1,341,613 $1,341,613 $1,341,613 2408 JOURNAL OF THE HOUSE Commission on the Holocaust, Georgia Continuation Budget 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 STATE FUNDS $245,915 $245,915 $245,915 $245,915 State General Funds $245,915 $245,915 $245,915 $245,915 TOTAL PUBLIC FUNDS $245,915 $245,915 $245,915 $245,915 Statewide Changes 368.1 WC, GTA, and GBA State General Funds $232 $232 $232 $232 368. Commission on the Holocaust, Georgia Appropriation (HB1026) 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 STATE FUNDS $246,147 $246,147 $246,147 $246,147 State General Funds $246,147 $246,147 $246,147 $246,147 TOTAL PUBLIC FUNDS $246,147 $246,147 $246,147 $246,147 Real Estate Commission Continuation Budget The purpose is to administer the license law that regulates brokers, salespersons, and community association managers. TOTAL STATE FUNDS $2,891,088 $2,891,088 $2,891,088 $2,891,088 State General Funds $2,891,088 $2,891,088 $2,891,088 $2,891,088 TOTAL PUBLIC FUNDS $2,891,088 $2,891,088 $2,891,088 $2,891,088 Statewide Changes 369.1 WC, GTA, and GBA State General Funds $1,954 $1,954 $1,954 $1,954 One-Time Expense 369.2 Provide funds to replace two high-mileage motor vehicles for investigations. State General Funds $36,000 $36,000 $36,000 $36,000 369. Real Estate Commission Appropriation (HB1026) The purpose is to administer the license law that regulates brokers, salespersons, and community association managers. TOTAL STATE FUNDS $2,929,042 $2,929,042 $2,929,042 $2,929,042 State General Funds $2,929,042 $2,929,042 $2,929,042 $2,929,042 TOTAL PUBLIC FUNDS $2,929,042 $2,929,042 $2,929,042 $2,929,042 WEDNESDAY, MARCH 8, 2006 2409 Section 41B: State Election Board Section Total - Final TOTAL STATE FUNDS $500,000 $550,000 $800,000 State General Funds $500,000 $550,000 $800,000 TOTAL PUBLIC FUNDS $500,000 $550,000 $800,000 Changes in How the Program is Funded 424.1 Account for remaining budget for State Elections Board in new Budget Unit. (S and CC:YES) State General Funds $0 $0 424.2 Transfer remaining voter education funding from Elections Program in Secretary of State to the State Elections Board for voter education to implement SB 84. (S:YES)(CC:And use Appropriation) State General Funds $0 $250,000 Changes in What Services are Offered 424.3 Provide funds for photo ID card equipment for counties per SB 84. State General Funds $500,000 $550,000 $550,000 424. State Election Board Appropriation (HB1026) TOTAL STATE FUNDS $500,000 $550,000 $800,000 State General Funds $500,000 $550,000 $800,000 TOTAL PUBLIC FUNDS $500,000 $550,000 $800,000 Section 42: Soil and Water Conservation Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS Section Total - Continuation $3,706,196 $3,706,196 $3,706,196 $3,706,196 $3,706,196 $3,706,196 $3,706,196 $3,706,196 $1,680,526 $1,680,526 $1,680,526 $1,680,526 $1,680,526 $1,680,526 $1,680,526 $1,680,526 $7,049,487 $7,049,487 $7,049,487 $7,049,487 $6,799,922 $6,799,922 $6,799,922 $6,799,922 $249,565 $249,565 $249,565 $249,565 $380,905 $380,905 $380,905 $380,905 $12,817,114 $12,817,114 $12,817,114 $12,817,114 2410 JOURNAL OF THE HOUSE Section Total - Final TOTAL STATE FUNDS $3,709,361 $3,709,361 $3,709,361 State General Funds $3,709,361 $3,709,361 $3,709,361 TOTAL FEDERAL FUNDS $1,295,526 $1,295,526 $1,295,526 Federal Funds Not Itemized $1,295,526 $1,295,526 $1,295,526 TOTAL AGENCY FUNDS $7,049,312 $7,049,312 $7,049,312 Intergovernmental Transfers $6,799,922 $6,799,922 $6,799,922 Sales and Services $249,390 $249,390 $249,390 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $380,905 $380,905 $380,905 TOTAL PUBLIC FUNDS $12,435,104 $12,435,104 $12,435,104 Commission Administration Continuation Budget The purpose is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $583,098 $583,098 $583,098 State General Funds $583,098 $583,098 $583,098 TOTAL AGENCY FUNDS $175 $175 $175 Sales and Services $175 $175 $175 Sales and Services Not Itemized $175 $175 $175 TOTAL PUBLIC FUNDS $583,273 $583,273 $583,273 Statewide Changes 370.1 WC, GTA, and GBA State General Funds $917 $917 $917 Changes in the Size of the Program 370.2 Remove funds to properly reflect program expenditures. Sales and Services Not Itemized ($175) ($175) ($175) 370. Commission Administration Appropriation (HB1026) The purpose is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $584,015 $584,015 $584,015 State General Funds $584,015 $584,015 $584,015 TOTAL PUBLIC FUNDS $584,015 $584,015 $584,015 Conservation of Agricultural Water Supplies Continuation Budget The purpose is to conserve the use of Georgia's ground and surface water by agricultural water users. $3,709,361 $3,709,361 $1,295,526 $1,295,526 $7,049,312 $6,799,922 $249,390 $380,905 $12,435,104 $583,098 $583,098 $175 $175 $175 $583,273 $917 ($175) $584,015 $584,015 $584,015 WEDNESDAY, MARCH 8, 2006 2411 TOTAL STATE FUNDS $227,332 $227,332 $227,332 $227,332 State General Funds $227,332 $227,332 $227,332 $227,332 TOTAL FEDERAL FUNDS $750,000 $750,000 $750,000 $750,000 Federal Funds Not Itemized $750,000 $750,000 $750,000 $750,000 TOTAL AGENCY FUNDS $6,749,922 $6,749,922 $6,749,922 $6,749,922 Intergovernmental Transfers $6,749,922 $6,749,922 $6,749,922 $6,749,922 Intergovernmental Transfers Not Itemized $6,749,922 $6,749,922 $6,749,922 $6,749,922 TOTAL PUBLIC FUNDS $7,727,254 $7,727,254 $7,727,254 $7,727,254 Statewide Changes 371.1 WC, GTA, and GBA State General Funds $376 $376 $376 $376 Changes in the Size of the Program 371.2 Transfer funds from the Conservation of Soil and Water Resources program for the Region V office in Dawson to more accurately reflect program activities. State General Funds $18,461 $18,461 $18,461 $18,461 371. Conservation of Agricultural Water Supplies Appropriation (HB1026) The purpose is to conserve the use of Georgia's ground and surface water by agricultural water users. TOTAL STATE FUNDS $246,169 $246,169 $246,169 $246,169 State General Funds $246,169 $246,169 $246,169 $246,169 TOTAL FEDERAL FUNDS $750,000 $750,000 $750,000 $750,000 Federal Funds Not Itemized $750,000 $750,000 $750,000 $750,000 TOTAL AGENCY FUNDS $6,749,922 $6,749,922 $6,749,922 $6,749,922 Intergovernmental Transfers $6,749,922 $6,749,922 $6,749,922 $6,749,922 Intergovernmental Transfers Not Itemized $6,749,922 $6,749,922 $6,749,922 $6,749,922 TOTAL PUBLIC FUNDS $7,746,091 $7,746,091 $7,746,091 $7,746,091 Conservation of Soil and Water Resources Continuation Budget The purpose is to conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands. TOTAL STATE FUNDS $1,092,694 $1,092,694 $1,092,694 $1,092,694 State General Funds $1,092,694 $1,092,694 $1,092,694 $1,092,694 TOTAL FEDERAL FUNDS $863,526 $863,526 $863,526 $863,526 2412 JOURNAL OF THE HOUSE Federal Funds Not Itemized $863,526 $863,526 $863,526 $863,526 TOTAL AGENCY FUNDS $299,390 $299,390 $299,390 $299,390 Intergovernmental Transfers $50,000 $50,000 $50,000 $50,000 Intergovernmental Transfers Not Itemized $50,000 $50,000 $50,000 $50,000 Sales and Services $249,390 $249,390 $249,390 $249,390 Sales and Services Not Itemized $249,390 $249,390 $249,390 $249,390 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $380,905 $380,905 $380,905 $380,905 Agency to Agency Contracts $380,905 $380,905 $380,905 $380,905 TOTAL PUBLIC FUNDS $2,636,515 $2,636,515 $2,636,515 $2,636,515 Statewide Changes 372.1 WC, GTA, and GBA State General Funds $1,829 $1,829 $1,829 $1,829 Changes in Operations / Administration 372.2 Remove funds for contracts that were completed in FY 2005. Federal Funds Not Itemized ($318,000) ($318,000) ($318,000) ($318,000) Changes in the Size of the Program 372.3 Transfer funds to the Conservation of Agricultural Water Supplies program for the Region V office in Dawson to more accurately reflect program activities. State General Funds ($18,461) ($18,461) ($18,461) ($18,461) 372. Conservation of Soil and Water Resources Appropriation (HB1026) The purpose is to conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands. TOTAL STATE FUNDS $1,076,062 $1,076,062 $1,076,062 $1,076,062 State General Funds $1,076,062 $1,076,062 $1,076,062 $1,076,062 TOTAL FEDERAL FUNDS $545,526 $545,526 $545,526 $545,526 Federal Funds Not Itemized $545,526 $545,526 $545,526 $545,526 TOTAL AGENCY FUNDS $299,390 $299,390 $299,390 $299,390 Intergovernmental Transfers $50,000 $50,000 $50,000 $50,000 Intergovernmental Transfers Not Itemized $50,000 $50,000 $50,000 $50,000 Sales and Services $249,390 $249,390 $249,390 $249,390 Sales and Services Not Itemized $249,390 $249,390 $249,390 $249,390 WEDNESDAY, MARCH 8, 2006 2413 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $380,905 $380,905 $380,905 $380,905 Agency to Agency Contracts $380,905 $380,905 $380,905 $380,905 TOTAL PUBLIC FUNDS $2,301,883 $2,301,883 $2,301,883 $2,301,883 U.S.D.A. Flood Control Watershed Structures Continuation Budget The purpose is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. TOTAL STATE FUNDS $19,655 $19,655 $19,655 $19,655 State General Funds $19,655 $19,655 $19,655 $19,655 TOTAL PUBLIC FUNDS $19,655 $19,655 $19,655 $19,655 Statewide Changes 373.1 WC, GTA, and GBA State General Funds $39 $39 $39 $39 Changes in the Size of the Program 373.2 Redirect funds from Water Resources and Land Use Planning program to complete maintenance on four Category 1 Dams, ensuring the safety of Georgia residents. State General Funds $60,000 $60,000 $60,000 $60,000 373. U.S.D.A. Flood Control Watershed Structures Appropriation (HB1026) The purpose is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. TOTAL STATE FUNDS $79,694 $79,694 $79,694 $79,694 State General Funds $79,694 $79,694 $79,694 $79,694 TOTAL PUBLIC FUNDS $79,694 $79,694 $79,694 $79,694 Water Resources and Land Use Planning Continuation Budget The purpose is to improve the understanding of water use and to develop plans that improve water management and efficiency. TOTAL STATE FUNDS $1,783,417 $1,783,417 $1,783,417 $1,783,417 State General Funds $1,783,417 $1,783,417 $1,783,417 $1,783,417 TOTAL FEDERAL FUNDS $67,000 $67,000 $67,000 $67,000 Federal Funds Not Itemized $67,000 $67,000 $67,000 $67,000 TOTAL PUBLIC FUNDS $1,850,417 $1,850,417 $1,850,417 $1,850,417 Statewide Changes 374.1 WC, GTA, and GBA State General Funds $4 $4 $4 $4 2414 JOURNAL OF THE HOUSE Changes in Operations / Administration 374.2 Remove funds for a contract that was completed in FY 2005. Federal Funds Not Itemized ($67,000) ($67,000) ($67,000) ($67,000) Changes in the Size of the Program 374.3 Redirect state funds to USDA Flood Control Watershed Structures program to complete maintenance on f our Category 1 Dams, ensuring the safety of Georgia residents. State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 374. Water Resources and Land Use Planning Appropriation (HB1026) The purpose is to improve the understanding of water use and to develop plans that improve water management and efficiency. TOTAL STATE FUNDS $1,723,421 $1,723,421 $1,723,421 $1,723,421 State General Funds $1,723,421 $1,723,421 $1,723,421 $1,723,421 TOTAL PUBLIC FUNDS $1,723,421 $1,723,421 $1,723,421 $1,723,421 Section 43: Student Finance Commission and Authority, Georgia TOTAL STATE FUNDS Lottery Proceeds State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS Lottery Proceeds State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances TOTAL PUBLIC FUNDS Section Total - Continuation $559,488,637 $559,488,637 $559,488,637 $559,488,637 $521,548,450 $521,548,450 $521,548,450 $521,548,450 $37,940,187 $37,940,187 $37,940,187 $37,940,187 $520,653 $520,653 $520,653 $520,653 $520,653 $520,653 $520,653 $520,653 $560,009,290 $560,009,290 $560,009,290 Section Total - Final $560,009,290 $559,588,637 $559,588,637 $559,588,637 $557,047,930 $521,548,450 $521,548,450 $521,548,450 $521,548,450 $38,040,187 $38,040,187 $38,040,187 $35,499,480 $520,653 $520,653 $522,134 $522,134 $520,653 $520,653 $522,134 $522,134 $3,265,195 $3,265,195 $3,265,195 $3,265,195 $560,109,290 $560,109,290 $563,375,966 $560,835,259 WEDNESDAY, MARCH 8, 2006 2415 Accel Continuation Budget 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 STATE FUNDS $6,000,000 $6,000,000 $6,000,000 $6,000,000 Lottery Proceeds $6,000,000 $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $6,000,000 $6,000,000 $6,000,000 $6,000,000 375. Accel Appropriation (HB1026) 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 STATE FUNDS $6,000,000 $6,000,000 $6,000,000 $6,000,000 Lottery Proceeds $6,000,000 $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $6,000,000 $6,000,000 $6,000,000 $6,000,000 Engineer Scholarship Continuation Budget 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 STATE FUNDS $760,000 $760,000 $760,000 $760,000 Lottery Proceeds $760,000 $760,000 $760,000 $760,000 TOTAL PUBLIC FUNDS $760,000 $760,000 $760,000 $760,000 376. Engineer Scholarship Appropriation (HB1026) 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 STATE FUNDS $760,000 $760,000 $760,000 $760,000 Lottery Proceeds $760,000 $760,000 $760,000 $760,000 TOTAL PUBLIC FUNDS $760,000 $760,000 $760,000 $760,000 Georgia Military College Scholarship Continuation Budget 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 STATE FUNDS $770,477 $770,477 $770,477 $770,477 Lottery Proceeds $770,477 $770,477 $770,477 $770,477 TOTAL PUBLIC FUNDS $770,477 $770,477 $770,477 $770,477 2416 JOURNAL OF THE HOUSE 377. Georgia Military College Scholarship Appropriation (HB1026) 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 STATE FUNDS $770,477 $770,477 $770,477 $770,477 Lottery Proceeds $770,477 $770,477 $770,477 $770,477 TOTAL PUBLIC FUNDS $770,477 $770,477 $770,477 $770,477 Governor's Scholarship Program Continuation Budget 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 STATE FUNDS $2,329,200 $2,329,200 $2,329,200 $2,329,200 State General Funds $2,329,200 $2,329,200 $2,329,200 $2,329,200 TOTAL PUBLIC FUNDS $2,329,200 $2,329,200 $2,329,200 $2,329,200 378. Governor's Scholarship Program Appropriation (HB1026) 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 STATE FUNDS $2,329,200 $2,329,200 $2,329,200 $2,329,200 State General Funds $2,329,200 $2,329,200 $2,329,200 $2,329,200 TOTAL PUBLIC FUNDS $2,329,200 $2,329,200 $2,329,200 $2,329,200 Guaranteed Educational Loans Continuation Budget The purpose is to provide service cancelable loans to students enrolled in critical fields of study, which include nursing, physical therapy and pharmacy. TOTAL STATE FUNDS $3,799,883 $3,799,883 $3,799,883 $3,799,883 State General Funds $3,799,883 $3,799,883 $3,799,883 $3,799,883 TOTAL PUBLIC FUNDS $3,799,883 $3,799,883 $3,799,883 $3,799,883 379. Guaranteed Educational Loans Appropriation (HB1026) The purpose is to provide service cancelable loans to students enrolled in critical fields of study, which include nursing, physical therapy and pharmacy. TOTAL STATE FUNDS $3,799,883 $3,799,883 $3,799,883 $3,799,883 State General Funds $3,799,883 $3,799,883 $3,799,883 $3,799,883 TOTAL PUBLIC FUNDS $3,799,883 $3,799,883 $3,799,883 $3,799,883 WEDNESDAY, MARCH 8, 2006 2417 Changes in the Size of the Program 380.1 Provide funds for 50 scholarships at $2,000 per award. State General Funds $100,000 $100,000 $100,000 $100,000 380. HERO Scholarship Appropriation (HB1026) The purpose is to provide educational grant assistance to members of the Georgia National Guard and U.S. Military Reservists who served in combat zones and the children of such members. TOTAL STATE FUNDS $100,000 $100,000 $100,000 $100,000 State General Funds $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $100,000 $100,000 $100,000 $100,000 HOPE Administration Continuation Budget 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 STATE FUNDS $5,111,697 $5,111,697 $5,111,697 $5,111,697 Lottery Proceeds $5,111,697 $5,111,697 $5,111,697 $5,111,697 TOTAL PUBLIC FUNDS $5,111,697 $5,111,697 $5,111,697 $5,111,697 Statewide Changes 381.1 WC, GTA, and GBA Lottery Proceeds $0 $0 $0 $0 Changes in How the Program is Funded 381.2 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to reflect current operations. Reserved Fund Balances Not Itemized $1,000,000 $1,000,000 381. HOPE Administration Appropriation (HB1026) 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 STATE FUNDS $5,111,697 $5,111,697 $5,111,697 $5,111,697 Lottery Proceeds $5,111,697 $5,111,697 $5,111,697 $5,111,697 TOTAL AGENCY FUNDS $1,000,000 $1,000,000 Reserved Fund Balances $1,000,000 $1,000,000 Reserved Fund Balances Not Itemized $1,000,000 $1,000,000 TOTAL PUBLIC FUNDS $5,111,697 $5,111,697 $6,111,697 $6,111,697 2418 JOURNAL OF THE HOUSE HOPE GED Continuation Budget 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 STATE FUNDS $2,840,694 $2,840,694 $2,840,694 $2,840,694 Lottery Proceeds $2,840,694 $2,840,694 $2,840,694 $2,840,694 TOTAL PUBLIC FUNDS $2,840,694 $2,840,694 $2,840,694 $2,840,694 382. HOPE GED Appropriation (HB1026) 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 STATE FUNDS $2,840,694 $2,840,694 $2,840,694 $2,840,694 Lottery Proceeds $2,840,694 $2,840,694 $2,840,694 $2,840,694 TOTAL PUBLIC FUNDS $2,840,694 $2,840,694 $2,840,694 $2,840,694 HOPE Grant Continuation Budget The purpose is to provide grants to students seeking a diploma or certificate at a public post-secondary institution. TOTAL STATE FUNDS $122,784,173 $122,784,173 $122,784,173 $122,784,173 Lottery Proceeds $122,784,173 $122,784,173 $122,784,173 $122,784,173 TOTAL PUBLIC FUNDS $122,784,173 $122,784,173 $122,784,173 $122,784,173 383. HOPE Grant Appropriation (HB1026) The purpose is to provide grants to students seeking a diploma or certificate at a public post-secondary institution. TOTAL STATE FUNDS $122,784,173 $122,784,173 $122,784,173 $122,784,173 Lottery Proceeds $122,784,173 $122,784,173 $122,784,173 $122,784,173 TOTAL PUBLIC FUNDS $122,784,173 $122,784,173 $122,784,173 $122,784,173 HOPE Scholarships - Private Schools Continuation Budget The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private post-secondary institution. TOTAL STATE FUNDS $45,751,850 $45,751,850 $45,751,850 $45,751,850 Lottery Proceeds $45,751,850 $45,751,850 $45,751,850 $45,751,850 TOTAL PUBLIC FUNDS $45,751,850 $45,751,850 $45,751,850 $45,751,850 384. HOPE Scholarships - Private Schools Appropriation (HB1026) The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private post-secondary institution. WEDNESDAY, MARCH 8, 2006 2419 TOTAL STATE FUNDS $45,751,850 $45,751,850 $45,751,850 $45,751,850 Lottery Proceeds $45,751,850 $45,751,850 $45,751,850 $45,751,850 TOTAL PUBLIC FUNDS $45,751,850 $45,751,850 $45,751,850 $45,751,850 HOPE Scholarships - Public Schools Continuation Budget The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public post-secondary institution. TOTAL STATE FUNDS $326,011,143 $326,011,143 $326,011,143 $326,011,143 Lottery Proceeds $326,011,143 $326,011,143 $326,011,143 $326,011,143 TOTAL PUBLIC FUNDS $326,011,143 $326,011,143 $326,011,143 $326,011,143 385. HOPE Scholarships - Public Schools Appropriation (HB1026) The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public post-secondary institution. TOTAL STATE FUNDS $326,011,143 $326,011,143 $326,011,143 $326,011,143 Lottery Proceeds $326,011,143 $326,011,143 $326,011,143 $326,011,143 TOTAL PUBLIC FUNDS $326,011,143 $326,011,143 $326,011,143 $326,011,143 Law Enforcement Dependents Grant Continuation Budget 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 STATE FUNDS $50,911 $50,911 $50,911 $50,911 State General Funds $50,911 $50,911 $50,911 $50,911 TOTAL PUBLIC FUNDS $50,911 $50,911 $50,911 $50,911 386. Law Enforcement Dependents Grant Appropriation (HB1026) 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 STATE FUNDS $50,911 $50,911 $50,911 $50,911 State General Funds $50,911 $50,911 $50,911 $50,911 TOTAL PUBLIC FUNDS $50,911 $50,911 $50,911 $50,911 2420 JOURNAL OF THE HOUSE Leveraging Educational Assistance Partnership Program Continuation Budget 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 STATE FUNDS $966,757 $966,757 $966,757 $966,757 State General Funds $966,757 $966,757 $966,757 $966,757 TOTAL FEDERAL FUNDS $520,653 $520,653 $520,653 $520,653 Federal Funds Not Itemized $520,653 $520,653 $520,653 $520,653 TOTAL PUBLIC FUNDS $1,487,410 $1,487,410 $1,487,410 $1,487,410 Changes in the Size of the Program 387.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to meet demand. Federal Funds Not Itemized $1,481 $1,481 387. Leveraging Educational Assistance Partnership Program Appropriation (HB1026) 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 STATE FUNDS $966,757 $966,757 $966,757 $966,757 State General Funds $966,757 $966,757 $966,757 $966,757 TOTAL FEDERAL FUNDS $520,653 $520,653 $522,134 $522,134 Federal Funds Not Itemized $520,653 $520,653 $522,134 $522,134 TOTAL PUBLIC FUNDS $1,487,410 $1,487,410 $1,488,891 $1,488,891 North Georgia Military Scholarship Grants Continuation Budget 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 Guard with their membership. TOTAL STATE FUNDS $683,951 $683,951 $683,951 $683,951 State General Funds $683,951 $683,951 $683,951 $683,951 TOTAL PUBLIC FUNDS $683,951 $683,951 $683,951 $683,951 Changes in the Size of the Program 388.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to meet demand. Reserved Fund Balances Not Itemized $774,397 $774,397 388. North Georgia Military Scholarship Grants Appropriation (HB1026) 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 Guard with their membership. WEDNESDAY, MARCH 8, 2006 2421 TOTAL STATE FUNDS $683,951 $683,951 $683,951 $683,951 State General Funds $683,951 $683,951 $683,951 $683,951 TOTAL AGENCY FUNDS $774,397 $774,397 Reserved Fund Balances $774,397 $774,397 Reserved Fund Balances Not Itemized $774,397 $774,397 TOTAL PUBLIC FUNDS $683,951 $683,951 $1,458,348 $1,458,348 North Georgia ROTC Grants Continuation Budget 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 STATE FUNDS $432,479 $432,479 $432,479 $432,479 State General Funds $432,479 $432,479 $432,479 $432,479 TOTAL PUBLIC FUNDS $432,479 $432,479 $432,479 $432,479 389. North Georgia ROTC Grants Appropriation (HB1026) 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 STATE FUNDS $432,479 $432,479 $432,479 $432,479 State General Funds $432,479 $432,479 $432,479 $432,479 TOTAL PUBLIC FUNDS $432,479 $432,479 $432,479 $432,479 Promise Scholarship Continuation Budget 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 STATE FUNDS $5,855,278 $5,855,278 $5,855,278 $5,855,278 Lottery Proceeds $5,855,278 $5,855,278 $5,855,278 $5,855,278 TOTAL PUBLIC FUNDS $5,855,278 $5,855,278 $5,855,278 $5,855,278 390. Promise Scholarship Appropriation (HB1026) 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 STATE FUNDS $5,855,278 $5,855,278 $5,855,278 $5,855,278 Lottery Proceeds $5,855,278 $5,855,278 $5,855,278 $5,855,278 TOTAL PUBLIC FUNDS $5,855,278 $5,855,278 $5,855,278 $5,855,278 2422 JOURNAL OF THE HOUSE Promise II Scholarship Continuation Budget 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 STATE FUNDS $74,590 $74,590 $74,590 $74,590 Lottery Proceeds $74,590 $74,590 $74,590 $74,590 TOTAL PUBLIC FUNDS $74,590 $74,590 $74,590 $74,590 391. Promise II Scholarship Appropriation (HB1026) 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 STATE FUNDS $74,590 $74,590 $74,590 $74,590 Lottery Proceeds $74,590 $74,590 $74,590 $74,590 TOTAL PUBLIC FUNDS $74,590 $74,590 $74,590 $74,590 Public Memorial Safety Grant Continuation Budget 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 STATE FUNDS $255,850 $255,850 $255,850 $255,850 Lottery Proceeds $255,850 $255,850 $255,850 $255,850 TOTAL PUBLIC FUNDS $255,850 $255,850 $255,850 $255,850 392. Public Memorial Safety Grant Appropriation (HB1026) 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 STATE FUNDS $255,850 $255,850 $255,850 $255,850 Lottery Proceeds $255,850 $255,850 $255,850 $255,850 TOTAL PUBLIC FUNDS $255,850 $255,850 $255,850 $255,850 Teacher Scholarship Continuation Budget The purpose is to provide forgivable loans to teachers seeking advanced education degrees in critical shortage fields of study. WEDNESDAY, MARCH 8, 2006 2423 TOTAL STATE FUNDS $5,332,698 $5,332,698 $5,332,698 $5,332,698 Lottery Proceeds $5,332,698 $5,332,698 $5,332,698 $5,332,698 TOTAL PUBLIC FUNDS $5,332,698 $5,332,698 $5,332,698 $5,332,698 393. Teacher Scholarship Appropriation (HB1026) The purpose is to provide forgivable loans to teachers seeking advanced education degrees in critical shortage fields of study. TOTAL STATE FUNDS $5,332,698 $5,332,698 $5,332,698 $5,332,698 Lottery Proceeds $5,332,698 $5,332,698 $5,332,698 $5,332,698 TOTAL PUBLIC FUNDS $5,332,698 $5,332,698 $5,332,698 $5,332,698 Tuition Equalization Grants Continuation Budget 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 STATE FUNDS $29,031,802 $29,031,802 $29,031,802 $29,031,802 State General Funds $29,031,802 $29,031,802 $29,031,802 $29,031,802 TOTAL PUBLIC FUNDS $29,031,802 $29,031,802 $29,031,802 $29,031,802 One-Time Expense 394.2 Reduce grants based on lower than expected utilization and availability of reserves. State General Funds ($2,540,707) Changes in the Size of the Program 394.1 Per OCGA 45-12-82 and the Georgia Constitution, recognize approved amendments to meet demand. Reserved Fund Balances Not Itemized $1,490,798 $1,490,798 394. Tuition Equalization Grants Appropriation (HB1026) 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 STATE FUNDS $29,031,802 $29,031,802 $29,031,802 $26,491,095 State General Funds $29,031,802 $29,031,802 $29,031,802 $26,491,095 TOTAL AGENCY FUNDS $1,490,798 $1,490,798 Reserved Fund Balances $1,490,798 $1,490,798 Reserved Fund Balances Not Itemized $1,490,798 $1,490,798 TOTAL PUBLIC FUNDS $29,031,802 $29,031,802 $30,522,600 $27,981,893 2424 JOURNAL OF THE HOUSE Nonpublic Postsecondary Education Commission Continuation Budget The purpose is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed; resolve complaints. TOTAL STATE FUNDS $645,204 $645,204 $645,204 $645,204 State General Funds $645,204 $645,204 $645,204 $645,204 TOTAL PUBLIC FUNDS $645,204 $645,204 $645,204 $645,204 Statewide Changes 395.1 WC, GTA, and GBA State General Funds $0 $0 $0 $0 395. Nonpublic Postsecondary Education Commission Appropriation (HB1026) The purpose is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed; resolve complaints. TOTAL STATE FUNDS $645,204 $645,204 $645,204 $645,204 State General Funds $645,204 $645,204 $645,204 $645,204 TOTAL PUBLIC FUNDS $645,204 $645,204 $645,204 $645,204 Section 44: Teachers' Retirement System Section Total - Continuation TOTAL STATE FUNDS $1,980,000 $1,980,000 $1,980,000 $1,980,000 State General Funds $1,980,000 $1,980,000 $1,980,000 $1,980,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,762,451 $22,762,451 $22,762,451 $22,762,451 TOTAL PUBLIC FUNDS $24,742,451 $24,742,451 $24,742,451 $24,742,451 Section Total - Final TOTAL STATE FUNDS $1,980,000 $1,980,000 $1,980,000 $1,980,000 State General Funds $1,980,000 $1,980,000 $1,980,000 $1,980,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,768,470 $22,768,470 $22,768,470 $22,768,470 TOTAL PUBLIC FUNDS $24,748,470 $24,748,470 $24,748,470 $24,748,470 Floor/COLA, Local System Fund Continuation Budget 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. WEDNESDAY, MARCH 8, 2006 2425 TOTAL STATE FUNDS $1,980,000 $1,980,000 $1,980,000 $1,980,000 State General Funds $1,980,000 $1,980,000 $1,980,000 $1,980,000 TOTAL PUBLIC FUNDS $1,980,000 $1,980,000 $1,980,000 $1,980,000 396. Floor/COLA, Local System Fund Appropriation (HB1026) 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 STATE FUNDS $1,980,000 $1,980,000 $1,980,000 $1,980,000 State General Funds $1,980,000 $1,980,000 $1,980,000 $1,980,000 TOTAL PUBLIC FUNDS $1,980,000 $1,980,000 $1,980,000 $1,980,000 System Administration Continuation Budget The purpose is to provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,762,451 $22,762,451 $22,762,451 $22,762,451 Retirement Payments $22,762,451 $22,762,451 $22,762,451 $22,762,451 TOTAL PUBLIC FUNDS $22,762,451 $22,762,451 $22,762,451 $22,762,451 Statewide Changes 397.1 WC, GTA, and GBA Retirement Payments $6,019 $6,019 $6,019 $6,019 397. System Administration Appropriation (HB1026) The purpose is to provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,768,470 $22,768,470 $22,768,470 $22,768,470 Retirement Payments $22,768,470 $22,768,470 $22,768,470 $22,768,470 TOTAL PUBLIC FUNDS $22,768,470 $22,768,470 $22,768,470 $22,768,470 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.24% for state fiscal year 2006. Section 45: Technical Education, Department of TOTAL STATE FUNDS Section Total - Continuation $320,577,801 $320,577,801 $320,577,801 $320,577,801 2426 JOURNAL OF THE HOUSE State General Funds $320,577,801 $320,577,801 $320,577,801 $320,577,801 TOTAL FEDERAL FUNDS $27,114,459 $27,114,459 $27,114,459 $27,114,459 Federal Funds Not Itemized $19,814,459 $19,814,459 $19,814,459 $19,814,459 Temporary Assistance for Needy Families $7,300,000 $7,300,000 $7,300,000 $7,300,000 TOTAL AGENCY FUNDS $55,932,658 $55,932,658 $55,932,658 $55,932,658 Sales and Services $55,932,658 $55,932,658 $55,932,658 $55,932,658 TOTAL PUBLIC FUNDS $403,624,918 $403,624,918 $403,624,918 $403,624,918 Section Total - Final TOTAL STATE FUNDS $329,429,858 $329,539,223 $329,481,858 $329,481,858 State General Funds $329,429,858 $329,539,223 $329,481,858 $329,481,858 TOTAL FEDERAL FUNDS $27,114,459 $27,114,459 $27,114,459 $27,114,459 Federal Funds Not Itemized $19,814,459 $19,814,459 $19,814,459 $19,814,459 Temporary Assistance for Needy Families $7,300,000 $7,300,000 $7,300,000 $7,300,000 TOTAL AGENCY FUNDS $55,932,658 $55,932,658 $55,932,658 $55,932,658 Sales and Services $55,932,658 $55,932,658 $55,932,658 $55,932,658 TOTAL PUBLIC FUNDS $412,476,975 $412,586,340 $412,528,975 $412,528,975 Adult Literacy Continuation Budget 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 STATE FUNDS $11,853,450 $11,853,450 $11,853,450 $11,853,450 State General Funds $11,853,450 $11,853,450 $11,853,450 $11,853,450 TOTAL FEDERAL FUNDS $10,021,333 $10,021,333 $10,021,333 $10,021,333 Federal Funds Not Itemized $7,021,333 $7,021,333 $7,021,333 $7,021,333 Temporary Assistance for Needy Families $3,000,000 $3,000,000 $3,000,000 $3,000,000 Temporary Assistance for Needy Families Block Grant $3,000,000 $3,000,000 $3,000,000 $3,000,000 CFDA 93.558 TOTAL AGENCY FUNDS $1,121,886 $1,121,886 $1,121,886 $1,121,886 Sales and Services $1,121,886 $1,121,886 $1,121,886 $1,121,886 Sales and Services Not Itemized $1,121,886 $1,121,886 $1,121,886 $1,121,886 TOTAL PUBLIC FUNDS $22,996,669 $22,996,669 $22,996,669 $22,996,669 WEDNESDAY, MARCH 8, 2006 2427 Changes in Operations / Administration 398.1 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005. State General Funds $159,014 $159,014 $159,014 $159,014 Changes in the Size of the Program 398.2 Transfer funds to the Administration program. State General Funds ($649,197) ($649,197) ($649,197) ($649,197) Federal Funds Not Itemized ($351,807) ($351,807) ($351,807) ($351,807) TOTAL PUBLIC FUNDS ($1,001,004) ($1,001,004) ($1,001,004) ($1,001,004) 398. Adult Literacy Appropriation (HB1026) 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 STATE FUNDS $11,363,267 $11,363,267 $11,363,267 $11,363,267 State General Funds $11,363,267 $11,363,267 $11,363,267 $11,363,267 TOTAL FEDERAL FUNDS $9,669,526 $9,669,526 $9,669,526 $9,669,526 Federal Funds Not Itemized $6,669,526 $6,669,526 $6,669,526 $6,669,526 Temporary Assistance for Needy Families $3,000,000 $3,000,000 $3,000,000 $3,000,000 Temporary Assistance for Needy Families Block Grant $3,000,000 $3,000,000 $3,000,000 $3,000,000 CFDA 93.558 TOTAL AGENCY FUNDS $1,121,886 $1,121,886 $1,121,886 $1,121,886 Sales and Services $1,121,886 $1,121,886 $1,121,886 $1,121,886 Sales and Services Not Itemized $1,121,886 $1,121,886 $1,121,886 $1,121,886 TOTAL PUBLIC FUNDS $22,154,679 $22,154,679 $22,154,679 $22,154,679 Departmental Administration Continuation Budget 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 STATE FUNDS $4,728,848 $4,728,848 $4,728,848 $4,728,848 State General Funds $4,728,848 $4,728,848 $4,728,848 $4,728,848 TOTAL FEDERAL FUNDS $800,000 $800,000 $800,000 $800,000 Temporary Assistance for Needy Families $800,000 $800,000 $800,000 $800,000 2428 JOURNAL OF THE HOUSE Temporary Assistance for Needy Families Block Grant $800,000 $800,000 $800,000 $800,000 CFDA 93.558 TOTAL PUBLIC FUNDS $5,528,848 $5,528,848 $5,528,848 $5,528,848 Statewide Changes 399.1 WC, GTA, and GBA State General Funds $6,851 $6,851 $6,851 $6,851 Changes in Operations / Administration 399.3 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005. State General Funds $414,434 $414,434 $414,434 $414,434 Changes in the Size of the Program 399.2 Transfer from Adult Literacy and Technical Education. State General Funds $3,840,176 $3,840,176 $3,840,176 $3,840,176 Federal Funds Not Itemized $2,059,788 $2,059,788 $2,059,788 $2,059,788 TOTAL PUBLIC FUNDS $5,899,964 $5,899,964 $5,899,964 $5,899,964 399. Departmental Administration Appropriation (HB1026) 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 STATE FUNDS $8,990,309 $8,990,309 $8,990,309 $8,990,309 State General Funds $8,990,309 $8,990,309 $8,990,309 $8,990,309 TOTAL FEDERAL FUNDS $2,859,788 $2,859,788 $2,859,788 $2,859,788 Federal Funds Not Itemized $2,059,788 $2,059,788 $2,059,788 $2,059,788 Temporary Assistance for Needy Families $800,000 $800,000 $800,000 $800,000 Temporary Assistance for Needy Families Block Grant $800,000 $800,000 $800,000 $800,000 CFDA 93.558 TOTAL PUBLIC FUNDS $11,850,097 $11,850,097 $11,850,097 $11,850,097 Quick Start and Customized Services Continuation Budget The purpose is to provide a number of programs and services designed to assist businesses and industries with their training needs. TOTAL STATE FUNDS $11,889,779 $11,889,779 $11,889,779 $11,889,779 State General Funds $11,889,779 $11,889,779 $11,889,779 $11,889,779 WEDNESDAY, MARCH 8, 2006 2429 TOTAL PUBLIC FUNDS $11,889,779 $11,889,779 $11,889,779 $11,889,779 Changes in Operations / Administration 400.1 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005. State General Funds $372,280 $372,280 $372,280 $372,280 400. Quick Start and Customized Services Appropriation (HB1026) The purpose is to provide a number of programs and services designed to assist businesses and industries with their training needs. TOTAL STATE FUNDS $12,262,059 $12,262,059 $12,262,059 $12,262,059 State General Funds $12,262,059 $12,262,059 $12,262,059 $12,262,059 TOTAL PUBLIC FUNDS $12,262,059 $12,262,059 $12,262,059 $12,262,059 Technical Education Continuation Budget 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 STATE FUNDS $292,105,724 $292,105,724 $292,105,724 $292,105,724 State General Funds $292,105,724 $292,105,724 $292,105,724 $292,105,724 TOTAL FEDERAL FUNDS $16,293,126 $16,293,126 $16,293,126 $16,293,126 Federal Funds Not Itemized $12,793,126 $12,793,126 $12,793,126 $12,793,126 Temporary Assistance for Needy Families $3,500,000 $3,500,000 $3,500,000 $3,500,000 Temporary Assistance for Needy Families Block Grant $3,500,000 $3,500,000 $3,500,000 $3,500,000 CFDA 93.558 TOTAL AGENCY FUNDS $54,810,772 $54,810,772 $54,810,772 $54,810,772 Sales and Services $54,810,772 $54,810,772 $54,810,772 $54,810,772 Sales and Services Not Itemized $54,810,772 $54,810,772 $54,810,772 $54,810,772 TOTAL PUBLIC FUNDS $363,209,622 $363,209,622 $363,209,622 $363,209,622 Statewide Changes 401.1 WC, GTA, and GBA State General Funds $209,290 $209,290 $209,290 $209,290 Changes in Operations / Administration 401.3 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005. State General Funds $7,690,188 $7,690,188 $7,690,188 $7,690,188 2430 JOURNAL OF THE HOUSE Changes in What Services are Offered 401.4 Provide start-up funding for a pest control certification testing program at Athens Technical College. State General Funds $109,365 $52,000 $52,000 Changes in the Size of the Program 401.2 Transfer funds to the Administration program. State General Funds ($3,190,979) ($3,190,979) ($3,190,979) ($3,190,979) Federal Funds Not Itemized ($1,707,981) ($1,707,981) ($1,707,981) ($1,707,981) TOTAL PUBLIC FUNDS ($4,898,960) ($4,898,960) ($4,898,960) ($4,898,960) 401. Technical Education Appropriation (HB1026) 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 STATE FUNDS $296,814,223 $296,923,588 $296,866,223 $296,866,223 State General Funds $296,814,223 $296,923,588 $296,866,223 $296,866,223 TOTAL FEDERAL FUNDS $14,585,145 $14,585,145 $14,585,145 $14,585,145 Federal Funds Not Itemized $11,085,145 $11,085,145 $11,085,145 $11,085,145 Temporary Assistance for Needy Families $3,500,000 $3,500,000 $3,500,000 $3,500,000 Temporary Assistance for Needy Families Block Grant $3,500,000 $3,500,000 $3,500,000 $3,500,000 CFDA 93.558 TOTAL AGENCY FUNDS $54,810,772 $54,810,772 $54,810,772 $54,810,772 Sales and Services $54,810,772 $54,810,772 $54,810,772 $54,810,772 Sales and Services Not Itemized $54,810,772 $54,810,772 $54,810,772 $54,810,772 TOTAL PUBLIC FUNDS $366,210,140 $366,319,505 $366,262,140 $366,262,140 Section 46: Transportation, Department of TOTAL STATE FUNDS State Motor Fuel Funds State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Section Total - Continuation $619,016,368 $619,016,368 $619,016,368 $619,016,368 $604,380,000 $604,380,000 $604,380,000 $604,380,000 $14,636,368 $14,636,368 $14,636,368 $14,636,368 $1,118,858,431 $1,118,858,431 $1,118,858,431 $1,118,858,431 $18,858,431 $18,858,431 $18,858,431 $18,858,431 WEDNESDAY, MARCH 8, 2006 2431 Federal Highway Administration Planning & Construction $742,116,038 $742,116,038 $742,116,038 $742,116,038 CFDA20.205 FHA Planning & Construction CFDA20.205 $357,883,962 $357,883,962 $357,883,962 $357,883,962 TOTAL AGENCY FUNDS $30,516,747 $30,516,747 $30,516,747 $30,516,747 Reserved Fund Balances $21,717,277 $21,717,277 $21,717,277 $21,717,277 Intergovernmental Transfers $760,233 $760,233 $760,233 $760,233 Sales and Services $8,039,237 $8,039,237 $8,039,237 $8,039,237 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $657,795 $657,795 $657,795 $657,795 TOTAL PUBLIC FUNDS $1,769,049,341 $1,769,049,341 $1,769,049,341 $1,769,049,341 Section Total - Final TOTAL STATE FUNDS $673,196,606 $673,196,606 $673,196,606 $673,196,606 State Motor Fuel Funds $658,555,019 $658,555,019 $658,555,019 $658,555,019 State General Funds $14,641,587 $14,641,587 $14,641,587 $14,641,587 TOTAL FEDERAL FUNDS $1,118,858,431 $1,118,858,431 $1,118,858,431 $1,118,858,431 Federal Funds Not Itemized $18,858,431 $18,858,431 $18,858,431 $18,858,431 Federal Highway Administration Planning & Construction $742,002,072 $742,002,072 $742,002,072 $742,002,072 CFDA20.205 FHA Planning & Construction CFDA20.205 $357,997,928 $357,997,928 $357,997,928 $357,997,928 TOTAL AGENCY FUNDS $30,516,747 $30,516,747 $30,516,747 $30,516,747 Reserved Fund Balances $21,799,287 $21,799,287 $21,799,287 $21,799,287 Intergovernmental Transfers $760,233 $760,233 $760,233 $760,233 Sales and Services $7,957,227 $7,957,227 $7,957,227 $7,957,227 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $657,795 $657,795 $657,795 $657,795 TOTAL PUBLIC FUNDS $1,823,229,579 $1,823,229,579 $1,823,229,579 $1,823,229,579 Air Transportation Continuation Budget The purpose is to provide transportation to state officials and companies considering a move to Georgia and conducting aerial photography flights. TOTAL STATE FUNDS $1,354,828 $1,354,828 $1,354,828 $1,354,828 State General Funds $1,354,828 $1,354,828 $1,354,828 $1,354,828 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $657,795 $657,795 $657,795 $657,795 Air Transportation Charges $657,795 $657,795 $657,795 $657,795 2432 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $2,012,623 $2,012,623 $2,012,623 $2,012,623 Statewide Changes 402.1 WC, GTA, and GBA State General Funds $1,831 $1,831 $1,831 $1,831 Changes in the Size of the Program 402.2 Transfer to the Transit program to cover the retirement cost of two employees. State General Funds ($7,726) ($7,726) ($7,726) ($7,726) 402. Air Transportation Appropriation (HB1026) The purpose is to provide transportation to state officials and companies considering a move to Georgia and conducting aerial photography flights. TOTAL STATE FUNDS $1,348,933 $1,348,933 $1,348,933 $1,348,933 State General Funds $1,348,933 $1,348,933 $1,348,933 $1,348,933 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $657,795 $657,795 $657,795 $657,795 Air Transportation Charges $657,795 $657,795 $657,795 $657,795 TOTAL PUBLIC FUNDS $2,006,728 $2,006,728 $2,006,728 $2,006,728 Airport Aid Continuation Budget 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 STATE FUNDS $5,459,409 $5,459,409 $5,459,409 $5,459,409 State General Funds $5,459,409 $5,459,409 $5,459,409 $5,459,409 TOTAL FEDERAL FUNDS $6,000,000 $6,000,000 $6,000,000 $6,000,000 Federal Funds Not Itemized $6,000,000 $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $11,459,409 $11,459,409 $11,459,409 $11,459,409 Statewide Changes 403.1 WC, GTA, and GBA State General Funds $366 $366 $366 $366 Changes in the Size of the Program 403.2 Realign funds to the Transit program to meet projected expenditures. State General Funds ($63,620) ($63,620) ($63,620) ($63,620) 403.3 Transfer funds to the Administration program to consolidate administrative functions in accordance with department operations. WEDNESDAY, MARCH 8, 2006 2433 State General Funds ($5,701) ($5,701) ($5,701) ($5,701) 403. Airport Aid Appropriation (HB1026) 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 STATE FUNDS $5,390,454 $5,390,454 $5,390,454 $5,390,454 State General Funds $5,390,454 $5,390,454 $5,390,454 $5,390,454 TOTAL FEDERAL FUNDS $6,000,000 $6,000,000 $6,000,000 $6,000,000 Federal Funds Not Itemized $6,000,000 $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $11,390,454 $11,390,454 $11,390,454 $11,390,454 Data Collection, Compliance and Reporting Continuation Budget 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 STATE FUNDS $2,396,794 $2,396,794 $2,396,794 $2,396,794 State Motor Fuel Funds $1,581,031 $1,581,031 $1,581,031 $1,581,031 State General Funds $815,763 $815,763 $815,763 $815,763 TOTAL FEDERAL FUNDS $3,784,538 $3,784,538 $3,784,538 $3,784,538 Federal Highway Administration Planning & Construction $3,784,538 $3,784,538 $3,784,538 $3,784,538 CFDA20.205 TOTAL AGENCY FUNDS $115,101 $115,101 $115,101 $115,101 Reserved Fund Balances $52,844 $52,844 $52,844 $52,844 Reserved Fund Balances Not Itemized $52,844 $52,844 $52,844 $52,844 Sales and Services $62,257 $62,257 $62,257 $62,257 Sales and Services Not Itemized $62,257 $62,257 $62,257 $62,257 TOTAL PUBLIC FUNDS $6,296,433 $6,296,433 $6,296,433 $6,296,433 Statewide Changes 404.1 WC, GTA, and GBA State General Funds $1,373 $1,373 $1,373 $1,373 Changes in the Size of the Program 404.2 Transfer funds from the Administration and State Highway System Construction and Improvement programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. State Motor Fuel Funds $47,047 $47,047 $47,047 $47,047 2434 JOURNAL OF THE HOUSE Federal Highway Administration Planning & Construction $113,966 $113,966 $113,966 $113,966 CFDA20.205 TOTAL PUBLIC FUNDS $161,013 $161,013 $161,013 $161,013 404.3 Realign funds from State Highway System Construction and Improvement and State Highway System Maintenance to meet projected expenditures. State Motor Fuel Funds $342,247 $342,247 $342,247 $342,247 Federal Highway Administration Planning & Construction ($113,966) ($113,966) ($113,966) ($113,966) CFDA20.205 TOTAL PUBLIC FUNDS $228,281 $228,281 $228,281 $228,281 404. Data Collection, Compliance and Reporting Appropriation (HB1026) 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 STATE FUNDS $2,787,461 $2,787,461 $2,787,461 $2,787,461 State Motor Fuel Funds $1,970,325 $1,970,325 $1,970,325 $1,970,325 State General Funds $817,136 $817,136 $817,136 $817,136 TOTAL FEDERAL FUNDS $3,784,538 $3,784,538 $3,784,538 $3,784,538 Federal Highway Administration Planning & Construction $3,784,538 $3,784,538 $3,784,538 $3,784,538 CFDA20.205 TOTAL AGENCY FUNDS $115,101 $115,101 $115,101 $115,101 Reserved Fund Balances $52,844 $52,844 $52,844 $52,844 Reserved Fund Balances Not Itemized $52,844 $52,844 $52,844 $52,844 Sales and Services $62,257 $62,257 $62,257 $62,257 Sales and Services Not Itemized $62,257 $62,257 $62,257 $62,257 TOTAL PUBLIC FUNDS $6,687,100 $6,687,100 $6,687,100 $6,687,100 Departmental Administration Continuation Budget 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 STATE FUNDS $41,568,294 $41,568,294 $41,568,294 $41,568,294 State Motor Fuel Funds $41,468,294 $41,468,294 $41,468,294 $41,468,294 State General Funds $100,000 $100,000 $100,000 $100,000 WEDNESDAY, MARCH 8, 2006 2435 TOTAL FEDERAL FUNDS $9,533,343 $9,533,343 $9,533,343 $9,533,343 FHA Planning & Construction CFDA20.205 $9,533,343 $9,533,343 $9,533,343 $9,533,343 TOTAL AGENCY FUNDS $2,304,236 $2,304,236 $2,304,236 $2,304,236 Reserved Fund Balances $1,405,266 $1,405,266 $1,405,266 $1,405,266 Reserved Fund Balances Not Itemized $1,405,266 $1,405,266 $1,405,266 $1,405,266 Sales and Services $898,970 $898,970 $898,970 $898,970 Sales and Services Not Itemized $898,970 $898,970 $898,970 $898,970 TOTAL PUBLIC FUNDS $53,405,873 $53,405,873 $53,405,873 $53,405,873 Statewide Changes 405.1 WC, GTA, and GBA State General Funds $550 $550 $550 $550 Changes in How the Program is Funded 405.2 Transfer funds to the Data Collection, Compliance and Reporting, Local Road Assistance and State Highway System Operations programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. State Motor Fuel Funds ($179,495) ($179,495) ($179,495) ($179,495) Federal Highway Administration Planning & Construction ($221,388) CFDA20.205 FHA Planning & Construction CFDA20.205 ($221,388) ($221,388) ($221,388) Reserved Fund Balances Not Itemized ($12,185) ($12,185) ($12,185) ($12,185) Sales and Services Not Itemized ($82,010) ($82,010) ($82,010) ($82,010) TOTAL PUBLIC FUNDS ($495,078) ($495,078) ($495,078) ($495,078) 405.3 Realign funds from State Highway System Construction and Improvement and State Highway System Maintenance to meet projected expenditures. State Motor Fuel Funds $179,495 $179,495 $179,495 $179,495 Federal Highway Administration Planning & Construction $221,388 CFDA20.205 FHA Planning & Construction CFDA20.205 $221,388 $221,388 $221,388 Reserved Fund Balances Not Itemized $94,195 $94,195 $94,195 $94,195 TOTAL PUBLIC FUNDS $495,078 $495,078 $495,078 $495,078 2436 JOURNAL OF THE HOUSE Changes in the Size of the Program 405.4 Realign funds to the Transit program to meet projected expenditures. State Motor Fuel Funds $14,461,507 $14,461,507 $14,461,507 $14,461,507 State General Funds ($1,553) ($1,553) ($1,553) ($1,553) TOTAL PUBLIC FUNDS $14,459,954 $14,459,954 $14,459,954 $14,459,954 405.5 Transfer funds from the Airport Aid, Ports and Waterways, Rail and Transit programs to consolidate administrative functions in accordance with department operations. State General Funds $478,394 $478,394 $478,394 $478,394 405. Departmental Administration Appropriation (HB1026) 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 STATE FUNDS $56,507,192 $56,507,192 $56,507,192 $56,507,192 State Motor Fuel Funds $55,929,801 $55,929,801 $55,929,801 $55,929,801 State General Funds $577,391 $577,391 $577,391 $577,391 TOTAL FEDERAL FUNDS $9,533,343 $9,533,343 $9,533,343 $9,533,343 FHA Planning & Construction CFDA20.205 $9,533,343 $9,533,343 $9,533,343 $9,533,343 TOTAL AGENCY FUNDS $2,304,236 $2,304,236 $2,304,236 $2,304,236 Reserved Fund Balances $1,487,276 $1,487,276 $1,487,276 $1,487,276 Reserved Fund Balances Not Itemized $1,487,276 $1,487,276 $1,487,276 $1,487,276 Sales and Services $816,960 $816,960 $816,960 $816,960 Sales and Services Not Itemized $816,960 $816,960 $816,960 $816,960 TOTAL PUBLIC FUNDS $68,344,771 $68,344,771 $68,344,771 $68,344,771 Local Road Assistance Continuation Budget The purpose is for contracts with local governments to assist in the construction and reconstruction of their road, bridge, and street systems. TOTAL STATE FUNDS $88,634,898 $88,634,898 $88,634,898 $88,634,898 State Motor Fuel Funds $88,634,898 $88,634,898 $88,634,898 $88,634,898 TOTAL FEDERAL FUNDS $67,429,038 $67,429,038 $67,429,038 $67,429,038 Federal Highway Administration Planning & Construction $57,621,265 $57,621,265 $57,621,265 $57,621,265 CFDA20.205 WEDNESDAY, MARCH 8, 2006 2437 FHA Planning & Construction CFDA20.205 $9,807,773 $9,807,773 $9,807,773 $9,807,773 TOTAL AGENCY FUNDS $3,584,325 $3,584,325 $3,584,325 $3,584,325 Reserved Fund Balances $2,989,092 $2,989,092 $2,989,092 $2,989,092 Reserved Fund Balances Not Itemized $2,989,092 $2,989,092 $2,989,092 $2,989,092 Intergovernmental Transfers $595,233 $595,233 $595,233 $595,233 Intergovernmental Transfers Not Itemized $595,233 $595,233 $595,233 $595,233 TOTAL PUBLIC FUNDS $159,648,261 $159,648,261 $159,648,261 $159,648,261 Changes in the Size of the Program 406.1 Provide for the local road initiative "Paving the Way Home" by increasing the local assistance road program (LARP) from $38 million to $60 million, state fund construction/off-system from $18,562,534 to $34 million and state fund construction/most-needed from $6,583,667 to $23 million. State Motor Fuel Funds $47,287,266 $47,287,266 $47,287,266 $47,287,266 406.2 Transfer funds from the Administration and State Highway System Construction and Improvement programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. State Motor Fuel Funds $130,024 $130,024 $130,024 $130,024 Federal Highway Administration Planning & Construction $50,439 $50,439 $50,439 $50,439 CFDA20.205 Reserved Fund Balances Not Itemized $94,195 $94,195 $94,195 $94,195 TOTAL PUBLIC FUNDS $274,658 $274,658 $274,658 $274,658 406.3 Realign funds from the State Highway System Construction and Improvement and State Highway System Maintenance programs to meet projected expenditures. State Motor Fuel Funds $1,763,559 $1,763,559 $1,763,559 $1,763,559 Federal Highway Administration Planning & Construction ($50,439) ($50,439) ($50,439) ($50,439) CFDA20.205 Reserved Fund Balances Not Itemized ($94,195) ($94,195) ($94,195) ($94,195) TOTAL PUBLIC FUNDS $1,618,925 $1,618,925 $1,618,925 $1,618,925 406. Local Road Assistance Appropriation (HB1026) The purpose is for contracts with local governments to assist in the construction and reconstruction of their road, bridge, and street systems. TOTAL STATE FUNDS $137,815,747 $137,815,747 $137,815,747 $137,815,747 State Motor Fuel Funds $137,815,747 $137,815,747 $137,815,747 $137,815,747 2438 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS $67,429,038 $67,429,038 $67,429,038 $67,429,038 Federal Highway Administration Planning & Construction $57,621,265 $57,621,265 $57,621,265 $57,621,265 CFDA20.205 FHA Planning & Construction CFDA20.205 $9,807,773 $9,807,773 $9,807,773 $9,807,773 TOTAL AGENCY FUNDS $3,584,325 $3,584,325 $3,584,325 $3,584,325 Reserved Fund Balances $2,989,092 $2,989,092 $2,989,092 $2,989,092 Reserved Fund Balances Not Itemized $2,989,092 $2,989,092 $2,989,092 $2,989,092 Intergovernmental Transfers $595,233 $595,233 $595,233 $595,233 Intergovernmental Transfers Not Itemized $595,233 $595,233 $595,233 $595,233 TOTAL PUBLIC FUNDS $208,829,110 $208,829,110 $208,829,110 $208,829,110 Ports and Waterways Continuation Budget The purpose is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports to promote international trade. TOTAL STATE FUNDS $1,119,230 $1,119,230 $1,119,230 $1,119,230 State General Funds $1,119,230 $1,119,230 $1,119,230 $1,119,230 TOTAL PUBLIC FUNDS $1,119,230 $1,119,230 $1,119,230 $1,119,230 Statewide Changes 407.1 WC, GTA, and GBA State General Funds $183 $183 $183 $183 Changes in the Size of the Program 407.2 Realign funds from the Administration, Airport Aid, and Rail programs to the Transit program to reflect expenditures. State General Funds ($55,006) ($55,006) ($55,006) ($55,006) 407.3 Transfer funds to the Administration program to consolidate administrative functions in accordance with department operations. State General Funds ($19,535) ($19,535) ($19,535) ($19,535) 407. Ports and Waterways Appropriation (HB1026) The purpose is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports to promote international trade. TOTAL STATE FUNDS $1,044,872 $1,044,872 $1,044,872 $1,044,872 State General Funds $1,044,872 $1,044,872 $1,044,872 $1,044,872 WEDNESDAY, MARCH 8, 2006 2439 TOTAL PUBLIC FUNDS $1,044,872 $1,044,872 $1,044,872 $1,044,872 Rail Continuation Budget 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 STATE FUNDS $657,658 $657,658 $657,658 $657,658 State General Funds $657,658 $657,658 $657,658 $657,658 TOTAL PUBLIC FUNDS $657,658 $657,658 $657,658 $657,658 Statewide Changes 408.1 WC, GTA, and GBA State General Funds $366 $366 $366 $366 Changes in the Size of the Program 408.2 Realign funds to the Transit program to reflect expenditures. State General Funds ($98,263) ($98,263) ($98,263) ($98,263) 408.3 Transfer funds to the Administration program to consolidate administrative functions in accordance with department operations. State General Funds ($25,120) ($25,120) ($25,120) ($25,120) 408. Rail Appropriation (HB1026) 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 STATE FUNDS $534,641 $534,641 $534,641 $534,641 State General Funds $534,641 $534,641 $534,641 $534,641 TOTAL PUBLIC FUNDS $534,641 $534,641 $534,641 $534,641 State Highway System Construction and Improvement Continuation Budget The purpose is to ensure a safe and efficient transportation system. TOTAL STATE FUNDS $223,494,656 $223,494,656 $223,494,656 $223,494,656 State Motor Fuel Funds $223,494,656 $223,494,656 $223,494,656 $223,494,656 TOTAL FEDERAL FUNDS $846,325,475 $846,325,475 $846,325,475 $846,325,475 Federal Highway Administration Planning & Construction $507,782,629 $507,782,629 $507,782,629 $507,782,629 CFDA20.205 FHA Planning & Construction CFDA20.205 $338,542,846 $338,542,846 $338,542,846 $338,542,846 TOTAL AGENCY FUNDS $10,569,488 $10,569,488 $10,569,488 $10,569,488 2440 JOURNAL OF THE HOUSE Reserved Fund Balances $10,404,488 $10,404,488 $10,404,488 $10,404,488 Reserved Fund Balances Not Itemized $10,404,488 $10,404,488 $10,404,488 $10,404,488 Intergovernmental Transfers $165,000 $165,000 $165,000 $165,000 Intergovernmental Transfers Not Itemized $165,000 $165,000 $165,000 $165,000 TOTAL PUBLIC FUNDS $1,080,389,619 $1,080,389,619 $1,080,389,619 $1,080,389,619 Changes in How the Program is Funded 409.1 Transfer funds to the Data Collection, Compliance and Reporting, Local Road Assistance and State Highway System Operations programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. State Motor Fuel Funds ($47,047) ($47,047) ($47,047) ($47,047) Federal Highway Administration Planning & Construction ($113,966) ($113,966) ($113,966) ($113,966) CFDA20.205 TOTAL PUBLIC FUNDS ($161,013) ($161,013) ($161,013) ($161,013) 409.2 Realign funds to Administration, Data Collection, Compliance and Reporting, Local Road Assistance and State Highway System Operations to meet projected expenditures. State Motor Fuel Funds $47,047 $47,047 $47,047 $47,047 Federal Highway Administration Planning & Construction $0 CFDA20.205 FHA Planning & Construction CFDA20.205 $113,966 $113,966 $113,966 $113,966 TOTAL PUBLIC FUNDS $161,013 $161,013 $161,013 $161,013 Changes in the Size of the Program 409.3 Realign funds to Administration, Data Collection, Compliance and Reporting, Local Road Assistance and State Highway Operations to meet actual expenditures. State Motor Fuel Funds ($5,818,993) ($5,818,993) ($5,818,993) ($5,818,993) 409.4 Provide for the local road initiative "Paving the Way Home" by increasing the local assistance road program (LARP) from $38 million to $60 million, state fund construction/off-system from $18,562,534 to $34 million and state fund construction/most-needed from $6,583,667 to $23 million. Also provide $322,788 for facility repairs and renovations in the State Highway System Construction and Improvement program. State Motor Fuel Funds $6,889,321 $6,889,321 $6,889,321 $6,889,321 409. State Highway System Construction and Improvement Appropriation (HB1026) The purpose is to ensure a safe and efficient transportation system. WEDNESDAY, MARCH 8, 2006 2441 TOTAL STATE FUNDS $224,564,984 $224,564,984 $224,564,984 $224,564,984 State Motor Fuel Funds $224,564,984 $224,564,984 $224,564,984 $224,564,984 TOTAL FEDERAL FUNDS $846,325,475 $846,325,475 $846,325,475 $846,325,475 Federal Highway Administration Planning & Construction $507,668,663 $507,668,663 $507,668,663 $507,668,663 CFDA20.205 FHA Planning & Construction CFDA20.205 $338,656,812 $338,656,812 $338,656,812 $338,656,812 TOTAL AGENCY FUNDS $10,569,488 $10,569,488 $10,569,488 $10,569,488 Reserved Fund Balances $10,404,488 $10,404,488 $10,404,488 $10,404,488 Reserved Fund Balances Not Itemized $10,404,488 $10,404,488 $10,404,488 $10,404,488 Intergovernmental Transfers $165,000 $165,000 $165,000 $165,000 Intergovernmental Transfers Not Itemized $165,000 $165,000 $165,000 $165,000 TOTAL PUBLIC FUNDS $1,081,459,947 $1,081,459,947 $1,081,459,947 $1,081,459,947 State Highway System Maintenance Continuation Budget The purpose is to coordinate all statewide maintenance activities. TOTAL STATE FUNDS $177,960,168 $177,960,168 $177,960,168 $177,960,168 State Motor Fuel Funds $177,960,168 $177,960,168 $177,960,168 $177,960,168 TOTAL FEDERAL FUNDS $148,458,050 $148,458,050 $148,458,050 $148,458,050 Federal Highway Administration Planning & Construction $148,458,050 $148,458,050 $148,458,050 $148,458,050 CFDA20.205 TOTAL AGENCY FUNDS $9,336,571 $9,336,571 $9,336,571 $9,336,571 Reserved Fund Balances $6,286,801 $6,286,801 $6,286,801 $6,286,801 Reserved Fund Balances Not Itemized $6,286,801 $6,286,801 $6,286,801 $6,286,801 Sales and Services $3,049,770 $3,049,770 $3,049,770 $3,049,770 Sales and Services Not Itemized $3,049,770 $3,049,770 $3,049,770 $3,049,770 TOTAL PUBLIC FUNDS $335,754,789 $335,754,789 $335,754,789 $335,754,789 Changes in the Size of the Program 410.1 Realign funds to the Administration, Data Collection, Compliance and Reporting, Local Road Assistance and State Highway System Operations programs. State Motor Fuel Funds ($11,992,738) ($11,992,738) ($11,992,738) ($11,992,738) 410. State Highway System Maintenance Appropriation (HB1026) The purpose is to coordinate all statewide maintenance activities. 2442 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $165,967,430 $165,967,430 $165,967,430 $165,967,430 State Motor Fuel Funds $165,967,430 $165,967,430 $165,967,430 $165,967,430 TOTAL FEDERAL FUNDS $148,458,050 $148,458,050 $148,458,050 $148,458,050 Federal Highway Administration Planning & Construction $148,458,050 $148,458,050 $148,458,050 $148,458,050 CFDA20.205 TOTAL AGENCY FUNDS $9,336,571 $9,336,571 $9,336,571 $9,336,571 Reserved Fund Balances $6,286,801 $6,286,801 $6,286,801 $6,286,801 Reserved Fund Balances Not Itemized $6,286,801 $6,286,801 $6,286,801 $6,286,801 Sales and Services $3,049,770 $3,049,770 $3,049,770 $3,049,770 Sales and Services Not Itemized $3,049,770 $3,049,770 $3,049,770 $3,049,770 TOTAL PUBLIC FUNDS $323,762,051 $323,762,051 $323,762,051 $323,762,051 State Highway System Operations Continuation Budget The purpose is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management. TOTAL STATE FUNDS $17,240,493 $17,240,493 $17,240,493 $17,240,493 State Motor Fuel Funds $17,240,493 $17,240,493 $17,240,493 $17,240,493 TOTAL FEDERAL FUNDS $24,469,556 $24,469,556 $24,469,556 $24,469,556 Federal Highway Administration Planning & Construction $24,469,556 $24,469,556 $24,469,556 $24,469,556 CFDA20.205 TOTAL AGENCY FUNDS $4,605,026 $4,605,026 $4,605,026 $4,605,026 Reserved Fund Balances $578,786 $578,786 $578,786 $578,786 Reserved Fund Balances Not Itemized $578,786 $578,786 $578,786 $578,786 Sales and Services $4,026,240 $4,026,240 $4,026,240 $4,026,240 Sales and Services Not Itemized $4,026,240 $4,026,240 $4,026,240 $4,026,240 TOTAL PUBLIC FUNDS $46,315,075 $46,315,075 $46,315,075 $46,315,075 Changes in the Size of the Program 411.1 Realign funds from the State Highway System Construction and Improvement and State Highway System Maintenance programs to meet projected expenditures. State Motor Fuel Funds $1,017,876 $1,017,876 $1,017,876 $1,017,876 Federal Highway Administration Planning & Construction ($170,949) ($170,949) ($170,949) ($170,949) CFDA20.205 TOTAL PUBLIC FUNDS $846,927 $846,927 $846,927 $846,927 WEDNESDAY, MARCH 8, 2006 2443 411.2 Transfer funds from the Administration and State Highway System Construction and Improvement programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. State Motor Fuel Funds $49,471 $49,471 $49,471 $49,471 Federal Highway Administration Planning & Construction $170,949 $170,949 $170,949 $170,949 CFDA20.205 TOTAL PUBLIC FUNDS $220,420 $220,420 $220,420 $220,420 411. State Highway System Operations Appropriation (HB1026) The purpose is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management. TOTAL STATE FUNDS $18,307,840 $18,307,840 $18,307,840 $18,307,840 State Motor Fuel Funds $18,307,840 $18,307,840 $18,307,840 $18,307,840 TOTAL FEDERAL FUNDS $24,469,556 $24,469,556 $24,469,556 $24,469,556 Federal Highway Administration Planning & Construction $24,469,556 $24,469,556 $24,469,556 $24,469,556 CFDA20.205 TOTAL AGENCY FUNDS $4,605,026 $4,605,026 $4,605,026 $4,605,026 Reserved Fund Balances $578,786 $578,786 $578,786 $578,786 Reserved Fund Balances Not Itemized $578,786 $578,786 $578,786 $578,786 Sales and Services $4,026,240 $4,026,240 $4,026,240 $4,026,240 Sales and Services Not Itemized $4,026,240 $4,026,240 $4,026,240 $4,026,240 TOTAL PUBLIC FUNDS $47,382,422 $47,382,422 $47,382,422 $47,382,422 Transit Continuation Budget 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 STATE FUNDS $5,129,480 $5,129,480 $5,129,480 $5,129,480 State General Funds $5,129,480 $5,129,480 $5,129,480 $5,129,480 TOTAL FEDERAL FUNDS $12,858,431 $12,858,431 $12,858,431 $12,858,431 Federal Funds Not Itemized $12,858,431 $12,858,431 $12,858,431 $12,858,431 TOTAL AGENCY FUNDS $2,000 $2,000 $2,000 $2,000 Sales and Services $2,000 $2,000 $2,000 $2,000 Sales and Services Not Itemized $2,000 $2,000 $2,000 $2,000 TOTAL PUBLIC FUNDS $17,989,911 $17,989,911 $17,989,911 $17,989,911 2444 JOURNAL OF THE HOUSE Statewide Changes 412.1 WC, GTA, and GBA State General Funds $550 $550 $550 $550 Changes in the Size of the Program 412.2 Realign funds from the Administration, Airport Aid, Ports and Waterways and Rail programs to reflect expenditures. State General Funds $218,442 $218,442 $218,442 $218,442 412.3 Transfer from the Air Transportation program to cover the retirement cost of two employees. State General Funds $7,726 $7,726 $7,726 $7,726 412.4 Transfer funds to the Administration program to consolidate administrative functions in accordance with department operations. State General Funds ($428,038) ($428,038) ($428,038) ($428,038) 412. Transit Appropriation (HB1026) 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 STATE FUNDS $4,928,160 $4,928,160 $4,928,160 $4,928,160 State General Funds $4,928,160 $4,928,160 $4,928,160 $4,928,160 TOTAL FEDERAL FUNDS $12,858,431 $12,858,431 $12,858,431 $12,858,431 Federal Funds Not Itemized $12,858,431 $12,858,431 $12,858,431 $12,858,431 TOTAL AGENCY FUNDS $2,000 $2,000 $2,000 $2,000 Sales and Services $2,000 $2,000 $2,000 $2,000 Sales and Services Not Itemized $2,000 $2,000 $2,000 $2,000 TOTAL PUBLIC FUNDS $17,788,591 $17,788,591 $17,788,591 $17,788,591 Payments to the State Road and Tollway Authority Continuation Budget The purpose is to provide funds through State Road and Tollway Authority for Bond Trustees for debt service payments on Guaranteed Revenue Bonds. TOTAL STATE FUNDS $54,000,460 $54,000,460 $54,000,460 $54,000,460 State Motor Fuel Funds $54,000,460 $54,000,460 $54,000,460 $54,000,460 TOTAL PUBLIC FUNDS $54,000,460 $54,000,460 $54,000,460 $54,000,460 WEDNESDAY, MARCH 8, 2006 2445 Changes in Operations / Administration 413.1 Decrease payments to the State Road and Tollway Authority from $54,000,460 to $53,998,892 to reflect the current debt service payment schedule. State Motor Fuel Funds ($1,568) ($1,568) ($1,568) ($1,568) 413. Payments to the State Road and Tollway Authority Appropriation (HB1026) The purpose is to provide funds through State Road and Tollway Authority for Bond Trustees for debt service payments on Guaranteed Revenue Bonds. TOTAL STATE FUNDS $53,998,892 $53,998,892 $53,998,892 $53,998,892 State Motor Fuel Funds $53,998,892 $53,998,892 $53,998,892 $53,998,892 TOTAL PUBLIC FUNDS $53,998,892 $53,998,892 $53,998,892 $53,998,892 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 under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. 2446 JOURNAL OF THE HOUSE f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. Section 47: Veterans Service, Department of Section Total - Continuation TOTAL STATE FUNDS $21,340,355 $21,340,355 $21,340,355 $21,340,355 State General Funds $21,340,355 $21,340,355 $21,340,355 $21,340,355 TOTAL FEDERAL FUNDS $10,984,151 $10,984,151 $10,984,151 $10,984,151 Federal Funds Not Itemized $10,984,151 $10,984,151 $10,984,151 $10,984,151 TOTAL PUBLIC FUNDS $32,324,506 $32,324,506 $32,324,506 $32,324,506 Section Total - Final TOTAL STATE FUNDS $21,348,051 $21,498,051 $21,498,051 $21,498,051 State General Funds $21,348,051 $21,498,051 $21,498,051 $21,498,051 TOTAL FEDERAL FUNDS $10,984,151 $10,984,151 $10,984,151 $10,984,151 Federal Funds Not Itemized $10,984,151 $10,984,151 $10,984,151 $10,984,151 TOTAL PUBLIC FUNDS $32,332,202 $32,482,202 $32,482,202 $32,482,202 Departmental Administration Continuation Budget 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 STATE FUNDS $676,034 $676,034 $676,034 $676,034 State General Funds $676,034 $676,034 $676,034 $676,034 TOTAL FEDERAL FUNDS $79,875 $79,875 $79,875 $79,875 Federal Funds Not Itemized $79,875 $79,875 $79,875 $79,875 TOTAL PUBLIC FUNDS $755,909 $755,909 $755,909 $755,909 Statewide Changes 414.1 WC, GTA, and GBA State General Funds $616 $616 $616 $616 Changes in the Size of the Program 414.2 Transfer funds to Georgia War Veterans Nursing Home-Augusta. State General Funds ($8,662) ($8,662) ($8,662) ($8,662) WEDNESDAY, MARCH 8, 2006 2447 414. Departmental Administration Appropriation (HB1026) 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 STATE FUNDS $667,988 $667,988 $667,988 $667,988 State General Funds $667,988 $667,988 $667,988 $667,988 TOTAL FEDERAL FUNDS $79,875 $79,875 $79,875 $79,875 Federal Funds Not Itemized $79,875 $79,875 $79,875 $79,875 TOTAL PUBLIC FUNDS $747,863 $747,863 $747,863 $747,863 Georgia Veterans Memorial Cemetery Continuation Budget 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 STATE FUNDS $297,683 $297,683 $297,683 $297,683 State General Funds $297,683 $297,683 $297,683 $297,683 TOTAL PUBLIC FUNDS $297,683 $297,683 $297,683 $297,683 Statewide Changes 415.1 WC, GTA, and GBA State General Funds $385 $385 $385 $385 Changes in the Size of the Program 415.2 Transfer funds to Georgia War Veterans Nursing Home-Augusta. State General Funds ($2,889) ($2,889) ($2,889) ($2,889) 415. Georgia Veterans Memorial Cemetery Appropriation (HB1026) 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 STATE FUNDS $295,179 $295,179 $295,179 $295,179 State General Funds $295,179 $295,179 $295,179 $295,179 TOTAL PUBLIC FUNDS $295,179 $295,179 $295,179 $295,179 Georgia War Veterans Nursing Home - Augusta Continuation Budget 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 STATE FUNDS $4,437,230 $4,437,230 $4,437,230 $4,437,230 State General Funds $4,437,230 $4,437,230 $4,437,230 $4,437,230 2448 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS $3,104,750 $3,104,750 $3,104,750 $3,104,750 Federal Funds Not Itemized $3,104,750 $3,104,750 $3,104,750 $3,104,750 TOTAL PUBLIC FUNDS $7,541,980 $7,541,980 $7,541,980 $7,541,980 Changes in Operations / Administration 416.2 Provide additional funds to cover the increasing cost of healthcare and pharmaceuticals. State General Funds $150,000 $150,000 $150,000 Changes in the Size of the Program 416.1 Transfer funds from other programs to cover increases in health care costs. State General Funds $96,257 $96,257 $96,257 $96,257 416. Georgia War Veterans Nursing Home - Augusta Appropriation (HB1026) 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 STATE FUNDS $4,533,487 $4,683,487 $4,683,487 $4,683,487 State General Funds $4,533,487 $4,683,487 $4,683,487 $4,683,487 TOTAL FEDERAL FUNDS $3,104,750 $3,104,750 $3,104,750 $3,104,750 Federal Funds Not Itemized $3,104,750 $3,104,750 $3,104,750 $3,104,750 TOTAL PUBLIC FUNDS $7,638,237 $7,788,237 $7,788,237 $7,788,237 Georgia War Veterans Nursing Home - Milledgeville Continuation Budget The purpose is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $10,392,240 $10,392,240 $10,392,240 $10,392,240 State General Funds $10,392,240 $10,392,240 $10,392,240 $10,392,240 TOTAL FEDERAL FUNDS $7,225,135 $7,225,135 $7,225,135 $7,225,135 Federal Funds Not Itemized $7,225,135 $7,225,135 $7,225,135 $7,225,135 TOTAL PUBLIC FUNDS $17,617,375 $17,617,375 $17,617,375 $17,617,375 417. Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB1026) The purpose is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $10,392,240 $10,392,240 $10,392,240 $10,392,240 State General Funds $10,392,240 $10,392,240 $10,392,240 $10,392,240 TOTAL FEDERAL FUNDS $7,225,135 $7,225,135 $7,225,135 $7,225,135 Federal Funds Not Itemized $7,225,135 $7,225,135 $7,225,135 $7,225,135 TOTAL PUBLIC FUNDS $17,617,375 $17,617,375 $17,617,375 $17,617,375 WEDNESDAY, MARCH 8, 2006 2449 Veterans Benefits Continuation Budget 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 STATE FUNDS $5,537,168 $5,537,168 $5,537,168 $5,537,168 State General Funds $5,537,168 $5,537,168 $5,537,168 $5,537,168 TOTAL FEDERAL FUNDS $574,391 $574,391 $574,391 $574,391 Federal Funds Not Itemized $574,391 $574,391 $574,391 $574,391 TOTAL PUBLIC FUNDS $6,111,559 $6,111,559 $6,111,559 $6,111,559 Statewide Changes 418.1 WC, GTA, and GBA State General Funds $6,695 $6,695 $6,695 $6,695 Changes in the Size of the Program 418.2 Transfer funds to Georgia War Veterans Nursing Home-Augusta. State General Funds ($84,706) ($84,706) ($84,706) ($84,706) 418. Veterans Benefits Appropriation (HB1026) 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 STATE FUNDS $5,459,157 $5,459,157 $5,459,157 $5,459,157 State General Funds $5,459,157 $5,459,157 $5,459,157 $5,459,157 TOTAL FEDERAL FUNDS $574,391 $574,391 $574,391 $574,391 Federal Funds Not Itemized $574,391 $574,391 $574,391 $574,391 TOTAL PUBLIC FUNDS $6,033,548 $6,033,548 $6,033,548 $6,033,548 Section 48: Workers' Compensation, State Board of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Section Total - Continuation $15,697,280 $15,697,280 $15,697,280 $15,697,280 $15,697,280 $15,697,280 $15,697,280 $15,697,280 $240,000 $240,000 $240,000 $240,000 $240,000 $240,000 $240,000 $240,000 2450 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $15,937,280 $15,937,280 $15,937,280 $15,937,280 Section Total - Final TOTAL STATE FUNDS $15,706,280 $15,706,280 $15,706,280 $15,706,280 State General Funds $15,706,280 $15,706,280 $15,706,280 $15,706,280 TOTAL AGENCY FUNDS $240,000 $240,000 $240,000 $240,000 Sales and Services $240,000 $240,000 $240,000 $240,000 TOTAL PUBLIC FUNDS $15,946,280 $15,946,280 $15,946,280 $15,946,280 Administer the Workers' Compensation Laws Continuation Budget The purpose is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $9,366,793 $9,366,793 $9,366,793 $9,366,793 State General Funds $9,366,793 $9,366,793 $9,366,793 $9,366,793 TOTAL PUBLIC FUNDS $9,366,793 $9,366,793 $9,366,793 $9,366,793 Statewide Changes 419.1 WC, GTA, and GBA State General Funds $8,017 $8,017 $8,017 $8,017 419. Administer the Workers' Compensation Laws Appropriation (HB1026) The purpose is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $9,374,810 $9,374,810 $9,374,810 $9,374,810 State General Funds $9,374,810 $9,374,810 $9,374,810 $9,374,810 TOTAL PUBLIC FUNDS $9,374,810 $9,374,810 $9,374,810 $9,374,810 Board Administration Continuation Budget 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 STATE FUNDS $6,330,487 $6,330,487 $6,330,487 $6,330,487 State General Funds $6,330,487 $6,330,487 $6,330,487 $6,330,487 TOTAL AGENCY FUNDS $240,000 $240,000 $240,000 $240,000 Sales and Services $240,000 $240,000 $240,000 $240,000 Sales and Services Not Itemized $240,000 $240,000 $240,000 $240,000 TOTAL PUBLIC FUNDS $6,570,487 $6,570,487 $6,570,487 $6,570,487 Statewide Changes 420.1 WC, GTA, and GBA WEDNESDAY, MARCH 8, 2006 2451 State General Funds $983 $983 $983 $983 420. Board Administration Appropriation (HB1026) 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 STATE FUNDS $6,331,470 $6,331,470 $6,331,470 $6,331,470 State General Funds $6,331,470 $6,331,470 $6,331,470 $6,331,470 TOTAL AGENCY FUNDS $240,000 $240,000 $240,000 $240,000 Sales and Services $240,000 $240,000 $240,000 $240,000 Sales and Services Not Itemized $240,000 $240,000 $240,000 $240,000 TOTAL PUBLIC FUNDS $6,571,470 $6,571,470 $6,571,470 $6,571,470 Section 49: State of Georgia General Obligation Debt Sinking Fund Section Total - Continuation TOTAL STATE FUNDS $935,015,180 $935,015,180 $935,015,180 $935,015,180 State Motor Fuel Funds $185,620,000 $185,620,000 $185,620,000 $185,620,000 State General Funds $749,395,180 $749,395,180 $749,395,180 $749,395,180 TOTAL PUBLIC FUNDS $935,015,180 $935,015,180 $935,015,180 $935,015,180 Section Total - Final TOTAL STATE FUNDS $988,051,386 $995,617,506 $1,001,367,041 $1,001,485,254 State Motor Fuel Funds $192,385,000 $192,385,000 $192,385,000 $192,385,000 State General Funds $795,666,386 $803,232,506 $808,982,041 $809,100,254 TOTAL PUBLIC FUNDS $988,051,386 $995,617,506 $1,001,367,041 $1,001,485,254 General Obligation Debt Sinking Fund - New Continuation Budget TOTAL STATE FUNDS $80,817,429 $80,817,429 $80,817,429 $80,817,429 State Motor Fuel Funds $30,620,000 $30,620,000 $30,620,000 $30,620,000 State General Funds $50,197,429 $50,197,429 $50,197,429 $50,197,429 TOTAL PUBLIC FUNDS $80,817,429 $80,817,429 $80,817,429 $80,817,429 Changes in Operations / Administration 421.1 Transfer SFY2006 debt service for new bonds to Issued or Authorized Under Previous Appropriations Acts programs. State Motor Fuel Funds ($30,620,000) ($30,620,000) 2452 JOURNAL OF THE HOUSE State General Funds ($50,197,429) ($50,197,429) TOTAL PUBLIC FUNDS ($80,817,429) ($80,817,429) Economic Development Financing and Investment Commission, Georgia State 421.13 Economic Development: $56,000,000 in principal for 20 years at 6.400%: Economic Development From State General Funds, $5,051,200 is specifically appropriated for the purpose of financing projects and facilities for the Georgia State Financing and Investment 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 $56,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $6,407,251 $5,051,200 Education 421.20 K - 12 Education: $0 principal for 10 years at 4.75%: Purchase school buses. (H:$50,000,000)(S:0)(CC:FY2007) State General Funds $6,400,000 $0 $0 Higher Education University System of Georgia, Board of Regents 421.14 North Georgia College and State University: $18,440,000 in principal for 20 years at 5.750%: Library/Technology Center. From State General Funds, $1,575,329 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 $18,440,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,549,044 $1,575,329 University System of Georgia, Board of Regents 421.22 East Central Georgia Regional Public Library: $2,000,000 in principal for 20 years at 5.750%: Headquarters Library Richmond County (H and CC:$2,000,000)(S:0) From State General Funds, $170,860 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the East Central Georgia WEDNESDAY, MARCH 8, 2006 2453 Regional 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 240 months. State General Funds $170,860 $0 $170,860 University System of Georgia, Board of Regents 421.23 Forsyth County Public Library: $2,000,000 in principal for 20 years at 5.750%: Post Road Branch Library Forsyth County (H and CC:$2,000,000)(S:0) (CC:Hampton Library in Forsyth County) From State General Funds, $170,860 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Forsyth County Public Library, for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $170,860 $0 $170,860 University System of Georgia, Board of Regents 421.24 Gwinnett County Public Library: $2,000,000 in principal for 20 years at 5.750%: Hamilton Mill Branch Library Gwinnett County (H and CC:$2,000,000)(S:0) From State General Funds, $170,860 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 Gwinnett 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 240 months. State General Funds $170,860 $0 $170,860 University System of Georgia, Board of Regents 421.30 Georgia Institute of Technology: $5,000,000 in principal for 20 years at 5.750%: Civil Engineering Building renovation. (H and CC:$5,000,000)(S:0) From State General Funds, $427,150 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $427,150 $0 $427,150 University System of Georgia, Board of Regents 421.31 Traditional Industries and Research Alliance - GIT: $5,000,000 in principal for 5 years at 4.500%: Research 2454 JOURNAL OF THE HOUSE equipment for the National Center of Cancer Nanotechnology Excellence. From State General Funds, $1,140,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,140,000 $1,140,000 University System of Georgia, Board of Regents 421.32 Georgia College and State University: $9,115,000 in principal for 20 years at 5.750%: Parks Nursing/Health Science renovation. From State General Funds, $778,695 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,115,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $778,481 $778,695 University System of Georgia, Board of Regents 421.33 State University of West Georgia: $24,265,000 in principal for 20 years at 5.750%: Health, wellness and lifelong learning center. From State General Funds, $2,072,959 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 $24,265,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,072,874 $2,072,959 University System of Georgia, Board of Regents 421.40 Hall County Public Library: $2,000,000 in principal for 20 years at 5.750%: Hall County Public Library From State General Funds, $170,860 is specifically appropriated to the Board of Regents of the University System WEDNESDAY, MARCH 8, 2006 2455 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $170,860 $170,860 $170,860 University System of Georgia, Board of Regents 421.41 West Georgia Regional Public Library: $650,000 in principal for 20 years at 5.750%: Epheaus Public Library Heard County (H and CC:$650,000)(S:0) From State General Funds, $55,530 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 West Georgia Regional Public Library, for that library, through the issuance of not more than $650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $55,530 $0 $55,530 421.45 Live Oak Public Libraries: $0 in principal for 20 years at 5.75%: Chatham County (S: 2,000,000) (CC:0) State General Funds $170,860 $0 Total Debt Service 10 Year at 4.750% State General Funds $6,400,000 20 Year at 5.500% State General Funds $1,549,044 20 Year at 5.750% State General Funds $1,166,120 $9,600,326 $5,593,103 20 Year at 6.400% State General Funds $5,051,200 5 Year at 4.500% State General Funds $1,140,000 $1,140,000 Total Debt Service State General Funds $7,566,120 $12,289,370 $11,784,303 Total Principal Amount 10 Year at 4.750% 2456 JOURNAL OF THE HOUSE State General Funds $50,000,000 20 Year at 5.500% State General Funds $18,441,000 20 Year at 5.750% State General Funds $13,650,000 $112,376,500 $65,470,000 20 Year at 6.400% State General Funds $56,000,000 5 Year at 4.500% State General Funds $5,000,000 $5,000,000 Total Principal State General Funds $63,650,000 $135,817,500 $126,470,000 421. General Obligation Debt Sinking Fund - New Appropriation (HB1026) TOTAL STATE FUNDS $80,817,429 $88,383,549 $12,289,370 $11,784,303 State Motor Fuel Funds $30,620,000 $30,620,000 State General Funds $50,197,429 $57,763,549 $12,289,370 $11,784,303 TOTAL PUBLIC FUNDS $80,817,429 $88,383,549 $12,289,370 $11,784,303 General Obligation Debt Sinking Fund - New: Authorized Continuation Budget Under Previous Appropriations Acts TOTAL STATE FUNDS $104,606,858 $104,606,858 $104,606,858 $104,606,858 State General Funds $104,606,858 $104,606,858 $104,606,858 $104,606,858 TOTAL PUBLIC FUNDS $104,606,858 $104,606,858 $104,606,858 $104,606,858 Changes in Operations / Administration 422.1 Transfer from General Obligation Debt Sinking Fund - New: Authorized Under Previous Appropriations Act program to General Obligation Debt Sinking Fund (Issued) program. State General Funds ($104,606,858) ($104,606,858) ($53,592,390) ($53,592,390) Criminal Justice Defense, Department of 422.2 National Guard Armories: $1,805,000 in principal for 20 years at 5.500%: Per HB85, Bond # 63. State General Funds $151,620 $151,620 Economic Development Ports Authority, Georgia WEDNESDAY, MARCH 8, 2006 2457 422.3 Ports Authority: $26,500,000 in principal for 20 years at 5.500%: Per HB85, Bond # 39. State General Funds $2,226,000 $2,226,000 Ports Authority, Georgia 422.4 Ports Authority: $7,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 40. State General Funds $588,000 $588,000 Ports Authority, Georgia 422.5 Ports Authority: $14,625,000 in principal for 20 years at 5.500%: Per HB85, Bond # 41. State General Funds $1,228,500 $1,228,500 Ports Authority, Georgia 422.6 Ports Authority: $2,500,000 in principal for 5 years at 3.500%: Per HB85, Bond # 43. State General Funds $552,500 $552,500 Ports Authority, Georgia 422.7 Ports Authority: $5,320,000 in principal for 20 years at 5.500%: Per HB85, Bond # 44. State General Funds $446,880 $446,880 Transportation, Department of 422.8 Fast Forward: $83,800,000 in principal for 20 years at 5.500%: Per HB85, Bond # 45. State General Funds $7,039,200 $7,039,200 Transportation, Department of 422.9 Fast Forward: $20,000,000 in principal for 5 years at 4.200%: Per HB85, Bond # 48. State Motor Fuel Funds $4,520,000 $4,520,000 Environmental Facilities Authority, Georgia 422.18 Local Government Infrastructure: $22,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 76. State General Funds $1,848,000 $1,848,000 Environmental Facilities Authority, Georgia 422.31 Local Government Infrastructure: $2,000,000 in principal for 20 years at 5.500%: Per HB 85, Bond #66. State General Funds $168,000 $168,000 422.32 Increase Motor Fuel Tax Funds to fund the highest annual debt service required to issue $300,000,000 in authorized general obligation bonds using variable-rate interest. (See line 422.35) State Motor Fuel Funds $6,765,000 $6,765,000 $0 $0 Economic Development, Department of 422.33 Columbus Trade Center: $11,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 78. 2458 JOURNAL OF THE HOUSE State General Funds $924,000 $924,000 Environmental Facilities Authority, Georgia 422.34 Local Government Infrastructure: $6,500,000 in principal for 20 years at 5.500%: Per HB85, Bond # 76 of the $10,000,000 not yet sold. State General Funds $546,000 $546,000 Transportation, Department of 422.35 Fast Forward: $300,000,000 in principal for 20 years at 0.000%: Per HB85, Bond # 47 adjust debt service to be variable. (See line 422.32) State Motor Fuel Funds $32,865,000 $32,865,000 Education Education, Department of 422.11 K - 12 Education: $9,815,000 in principal for 5 years at 4.500%: Per HB85, Bond # 69. (CC:Reflect interest rate change from 3.5% to 4.5%) State General Funds $2,169,115 $2,237,820 Education, Department of 422.12 K - 12 Education: $33,265,000 in principal for 20 years at 5.500%: Per HB85, Bond # 72. State General Funds $2,794,260 $2,794,260 Education, Department of 422.13 K - 12 Education: $43,215,000 in principal for 20 years at 5.500%: Per HB85, Bond # 73. State General Funds $3,630,060 $3,630,060 Education, Department of 422.14 K - 12 Education: $3,970,000 in principal for 20 years at 5.500%: Per HB85, Bond # 74. State General Funds $333,480 $333,480 Education, Department of 422.15 K - 12 Education: $3,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 74. State General Funds $252,000 $252,000 Education, Department of 422.16 K - 12 Education: $6,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 75 State General Funds $504,000 $504,000 Education, Department of 422.17 K - 12 Education: $1,170,000 in principal for 20 years at 5.500%: Per HB85, Bond # 75. WEDNESDAY, MARCH 8, 2006 2459 State General Funds $84,000 $98,280 Higher Education University System of Georgia, Board of Regents 422.19 Georgia College and State University: $0 in principal for 20 years at 5.500%: Per HB85, Bond #3 Design residual amount. State General Funds $42 $0 University System of Georgia, Board of Regents 422.20 Georgia Perimeter College: $800,000 in principal for 5 years at 4.500%: Per HB85, Bond # 8. (CC:Reflect interest rate change from 3.5% to 4.5%) State General Funds $176,800 $182,400 University System of Georgia, Board of Regents 422.21 University of Georgia: $6,500,000 in principal for 20 years at 5.500%: Per HB85, Bond # 10. State General Funds $546,000 $546,000 University System of Georgia, Board of Regents 422.22 Medical College of Georgia: $4,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 15. State General Funds $336,000 $336,000 University System of Georgia, Board of Regents 422.23 Georgia Gwinnett College: $5,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 17. State General Funds $420,000 $420,000 University System of Georgia, Board of Regents 422.24 Henry County McDonough Public Library: $1,035,000 in principal for 20 years at 5.500%: Per HB85, Bond # 22. State General Funds $86,940 $86,940 University System of Georgia, Board of Regents 422.25 Auburn Public Library: $810,000 in principal for 20 years at 5.500%: Per HB85, Bond # 23. State General Funds $68,040 $68,040 University System of Georgia, Board of Regents 422.26 Tifton-Tift County Public Library: $1,765,000 in principal for 20 years at 5.500%: Per HB85, Bond # 24. State General Funds $148,260 $148,260 University System of Georgia, Board of Regents 422.27 Gilmer County Public Library: $2,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 25. State General Funds $168,000 $168,000 2460 JOURNAL OF THE HOUSE University System of Georgia, Board of Regents 422.28 Tyrone Public Library: $1,270,000 in principal for 20 years at 5.500%: Per HB85, Bond # 27. State General Funds $106,680 Technical and Adult Education, Department of 422.29 Appalachian Technical College: $1,200,000 in principal for 20 years at 5.500%: Per HB85, Bond # 30. State General Funds $100,800 Technical and Adult Education, Department of 422.30 Southeastern Technical College: $1,440,000 in principal for 20 years at 5.500%: Per HB85, Bond # 35. State General Funds $120,960 University System of Georgia, Board of Regents 422.40 Georgia Southern University: $5,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 11. State General Funds $420,000 Total Debt Service 20 Year at 0.000% State Motor Fuel Funds $32,865,000 20 Year at 5.500% State General Funds $25,285,722 5 Year at 3.500% State General Funds $2,898,415 5 Year at 4.200% State Motor Fuel Funds $4,520,000 5 Year at 4.500% State General Funds Total Debt Service State Motor Fuel Funds $37,385,000 State General Funds $28,184,137 Total Principal Amount 20 Year at 0.000% State Motor Fuel Funds $300,000,000 20 Year at 5.500% State General Funds $301,020,500 $106,680 $100,800 $120,960 $420,000 $32,865,000 $25,299,960 $552,500 $4,520,000 $2,420,220 $37,385,000 $28,272,680 $300,000,000 $301,190,000 WEDNESDAY, MARCH 8, 2006 2461 5 Year at 3.500% State General Funds $13,115,000 $2,500,000 5 Year at 4.200% State Motor Fuel Funds $20,000,000 $20,000,000 5 Year at 4.500% State General Funds $10,615,000 Total Principal State Motor Fuel Funds $320,000,000 $320,000,000 State General Funds $314,135,500 $314,305,000 422. General Obligation Debt Sinking Fund - New: Appropriation (HB1026) Authorized Under Previous Appropriations Acts TOTAL STATE FUNDS $6,765,000 $6,765,000 $116,583,605 $116,672,148 State Motor Fuel Funds $6,765,000 $6,765,000 $37,385,000 $37,385,000 State General Funds $79,198,605 $79,287,148 TOTAL PUBLIC FUNDS $6,765,000 $6,765,000 $116,583,605 $116,672,148 General Obligation Debt Sinking Fund - Issued Continuation Budget TOTAL STATE FUNDS $749,590,893 $749,590,893 $749,590,893 $749,590,893 State Motor Fuel Funds $155,000,000 $155,000,000 $155,000,000 $155,000,000 State General Funds $594,590,893 $594,590,893 $594,590,893 $594,590,893 TOTAL PUBLIC FUNDS $749,590,893 $749,590,893 $749,590,893 $749,590,893 Changes in Operations / Administration 423.1 Transfer from General Obligation Debt Sinking Fund - New: Authorized Under Previous Appropriations Act program to General Obligation Debt Sinking Fund (Issued) program. State General Funds $104,606,858 $104,606,858 $53,592,390 $53,592,390 Changes in the Size of the Program 423.2 Reduce debt service to reflect an interest rate adjustment from 4.2% to 4.5% for 5-year bonds and from 5.85% to 5.75% for 20 year bonds. (CC: Recognize increase in rate from 3.5% to 4.5% for 5 year bonds - Georgia Perimeter College Student Center and Department of Education vocational and agricultural equipment for new schools) State General Funds ($630,682) ($630,682) ($630,682) ($704,987) 423.3 Provide state funds to pre-fund debt service obligations due in FY 2007. State General Funds $46,901,888 $46,901,888 $48,222,173 $48,845,495 2462 JOURNAL OF THE HOUSE Criminal Justice Juvenile Justice, Department of 423.4 Youth Development Campus: $2,840,000 in principal for 5 years at 3.500%: Per HB85, Bond # 49. State General Funds $627,640 $627,640 Corrections, Department of 423.5 GDC multi-projects: $1,045,000 in principal for 5 years at 3.500%: Per HB85, Bond # 58. State General Funds $230,945 $230,945 Corrections, Department of 423.6 GDC multi-projects: $2,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 59. State General Funds $168,000 $168,000 Corrections, Department of 423.7 GDC multi-projects: $20,505,000 in principal for 20 years at 5.500%: Per HB85, Bond # 60. State General Funds $1,722,420 $1,722,420 Corrections, Department of 423.8 GDC multi-projects: $4,550,000 in principal for 20 years at 5.500%: Per HB85, Bond # 61. State General Funds $382,200 $382,200 Corrections, Department of 423.9 Security for Prisons: $3,745,000 in principal for 20 years at 5.500%: Per HB85, Bond # 62. State General Funds $314,580 $314,580 Public Safety, Department of 423.10 Public Safety Training Center: $890,000 in principal for 5 years at 3.500%: Per HB85, Bond # 64. State General Funds $196,690 $196,690 Investigation, Georgia Bureau of 423.11 GBI Regional Crime Scene Laboratories: $340,000 in principal for 5 years at 3.500%: Per HB85, Bond # 65. State General Funds $75,140 $75,140 Economic Development Ports Authority, Georgia 423.12 Ports Authority: $2,215,000 in principal for 5 years at 3.500%: Per HB85, Bond # 42. State General Funds $489,515 $489,515 Transportation, Department of 423.13 Roads and Bridges: $6,470,000 in principal for 20 years at 5.500%: Per HB85, Bond # 46. WEDNESDAY, MARCH 8, 2006 2463 State General Funds $543,480 $543,480 Environmental Facilities Authority, Georgia 423.21 Local Government Infrastructure: $20,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 76. State General Funds $1,680,000 $1,680,000 Environmental Facilities Authority, Georgia 423.22 Local Government Infrastructure: $1,500,000 in principal for 20 years at 5.500%: Per HB85, Bond #66. State General Funds $126,000 $126,000 Education Education, Department of 423.14 K - 12 Education: $6,200,000 in principal for 20 years at 5.500%: Per HB85, Bond # 70. State General Funds $520,800 $520,800 Education, Department of 423.15 K - 12 Education: $215,000 in principal for 20 years at 5.500%: Per HB85, Bond # 71. State General Funds $18,060 $18,060 Education, Department of 423.16 K - 12 Education: $5,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 72. State General Funds $420,000 $420,000 Education, Department of 423.17 K - 12 Education: $20,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 73. State General Funds $1,680,000 $1,680,000 Education, Department of 423.18 K - 12 Education: $500,000 in principal for 20 years at 5.500%: Per HB85, Bond # 74. State General Funds $42,000 $42,000 Education, Department of 423.19 K - 12 Education: $1,500,000 in principal for 20 years at 5.500%: Per HB85, Bond # 75. State General Funds $140,280 $126,000 Fiscal Management Revenue, Department of 423.20 Tax System: $3,000,000 in principal for 5 years at 3.500%: Per HB85, Bond # 68. State General Funds $663,000 $663,000 2464 JOURNAL OF THE HOUSE Building Authority, Georgia 423.23 Legislative Office Building: $1,460,000 in principal for 5 years at 3.500%: Per HB85, Bond # 67. State General Funds $322,660 $322,660 Human Development Veterans Service, Department of 423.24 Georgia War Veterans Nursing Home, Milledgeville: $140,000 in principal for 5 years at 3.500%: Per HB85, Bond # 50. State General Funds $30,940 $30,940 Veterans Service, Department of 423.25 Georgia War Veterans Nursing Home, Milledgeville: $70,000 in principal for 5 years at 3.500%: Per HB85, Bond # 51. State General Funds $15,470 $15,470 Veterans Service, Department of 423.26 Georgia War Veterans Nursing Home, Milledgeville: $115,000 in principal for 5 years at 3.500%: Per HB85, Bond # 52. State General Funds $25,415 $25,415 Veterans Service, Department of 423.27 Georgia War Veterans Nursing Home, Milledgeville: $40,000 in principal for 5 years at 3.500%: Per HB85, Bond # 53. State General Funds $8,840 $8,840 Veterans Service, Department of 423.28 Georgia War Veterans Nursing Home, Milledgeville: $100,000 in principal for 5 years at 3.500%: Per HB85, Bond # 54. State General Funds $22,100 $22,100 Veterans Service, Department of 423.29 Georgia War Veterans Nursing Home, Milledgeville: $80,000 in principal for 5 years at 3.500%: Per HB85, Bond # 55. State General Funds $17,680 $17,680 Veterans Service, Department of 423.30 Georgia War Veterans Nursing Home, Milledgeville: $120,000 in principal for 5 years at 3.500%: Per HB85, Bond # 56. WEDNESDAY, MARCH 8, 2006 2465 State General Funds $26,520 $26,520 Veterans Service, Department of 423.31 Georgia War Veterans Nursing Home, Milledgeville: $90,000 in principal for 5 years at 3.500%: Per HB85, Bond # 57. State General Funds $19,890 $19,890 Higher Education University System of Georgia, Board of Regents 423.32 Regents: $50,630,000 in principal for 20 years at 5.500%: Per HB85, Bond # 1. State General Funds $4,252,920 $4,252,920 University System of Georgia, Board of Regents 423.33 Georgia Institute of Technology: $5,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 2. State General Funds $420,000 $420,000 University System of Georgia, Board of Regents 423.34 Georgia College and State University: $1,012,000 in principal for 20 years at 5.500%: Per HB85, Bond # 3. Design. State General Funds $85,008 $85,008 University System of Georgia, Board of Regents 423.35 State University of West Georgia: $2,696,000 in principal for 20 years at 5.500%: Per HB85, Bond # 4. Design. State General Funds $226,464 $226,464 University System of Georgia, Board of Regents 423.36 North Georgia College and State University: $2,049,000 in principal for 20 years at 5.500%: Per HB85, Bond # 5. Design. State General Funds $172,116 $172,116 University System of Georgia, Board of Regents 423.37 Savannah State College: $1,266,000 in principal for 20 years at 5.500%: Per HB85, Bond # 6. Design. State General Funds $106,344 $106,344 University System of Georgia, Board of Regents 423.38 Kennesaw State University: $1,575,000 in principal for 5 years at 3.500%: Per HB85, Bond #7 State General Funds $348,075 $348,075 University System of Georgia, Board of Regents 423.39 University of Georgia: $1,520,000 in principal for 5 years at 3.500%: Per HB85, Bond # 9. 2466 JOURNAL OF THE HOUSE State General Funds $335,920 $335,920 Technical and Adult Education, Department of 423.41 Technical College Multi-Projects: $7,500,000 in principal for 5 years at 3.500%: Per HB85, Bond # 28. State General Funds $1,657,500 $1,657,500 Technical and Adult Education, Department of 423.42 North Georgia Technical College: $635,000 in principal for 20 years at 5.500%: Per HB85, Bond # 29. State General Funds $53,340 $53,340 Technical and Adult Education, Department of 423.43 West Georgia Technical College: $6,400,000 in principal for 20 years at 5.500%: Per HB85, Bond # 32. State General Funds $537,600 $537,600 Technical and Adult Education, Department of 423.44 DeKalb Technical College: $23,965,000 in principal for 20 years at 5.500%: Per HB85, Bond # 34. State General Funds $2,013,060 $2,013,060 Natural Resources Natural Resources, Department of 423.45 Georgia National Fairgrounds and Agricenter: $3,045,000 in principal for 20 years at 5.500%: Per HB85, Bond # 36. State General Funds $255,780 $255,780 Forestry Commission, State 423.46 Forestry Buildings: $2,900,000 in principal for 5 years at 3.500%: Per HB85, Bond # 37. State General Funds $640,900 $640,900 Forestry Commission, State 423.47 Forestry Buildings: $1,000,000 in principal for 20 years at 5.500%: Per HB85, Bond # 38. State General Funds $84,000 $84,000 Total Debt Service 20 Year at 5.500% State General Funds $15,964,452 $15,950,172 5 Year at 3.500% State General Funds $5,754,840 $5,754,840 Total Debt Service State General Funds $21,719,292 $21,705,012 WEDNESDAY, MARCH 8, 2006 2467 Total Principal Amount 20 Year at 5.500% State General Funds 5 Year at 3.500% State General Funds Total Principal State General Funds 423. General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State Motor Fuel Funds State General Funds TOTAL PUBLIC FUNDS Section 50: General Obligation Bonds Previously Authorized $190,053,000 $189,883,000 $26,040,000 $26,040,000 $216,093,000 Appropriation (HB1026) $900,468,957 $900,468,957 $872,494,066 $155,000,000 $155,000,000 $155,000,000 $745,468,957 $745,468,957 $717,494,066 $900,468,957 $900,468,957 $872,494,066 $215,923,000 $873,028,803 $155,000,000 $718,028,803 $873,028,803 BONDS SOLD IN 2005: The following paragraphs from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), are carried forward and ratified, for state fiscal year 2005-2006, their authorizations having been utilized. Authorization for the payment of actual highest annual debt service is in the appropriation in Section 49, Program 423, "General Obligation Debt Sinking Fund Issued": 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 # 1. 423.32 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $420,000 is specifically appropriated for the purpose of 2468 JOURNAL OF THE HOUSE 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 # 2. 423.33 ..................................................................................................................................... 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 # 4. 423.35 ..................................................................................................................................... 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 # 5. 423.36 ................................................................................................................................... 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 # 6. 423.37 ..................................................................................................................................... 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 WEDNESDAY, MARCH 8, 2006 2469 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. BOND # 7. 423.38 ..................................................................................................................................... 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 # 9. 423.39 ..................................................................................................................................... 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 # 28. 423.41 ..................................................................................................................................... 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, waters, 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 # 29. 423.42 ..................................................................................................................................... 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 # 32. 423.43 ..................................................................................................................................... 2470 JOURNAL OF THE HOUSE 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 # 34. 423.44 ..................................................................................................................................... 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 # 36. 423.45 ..................................................................................................................................... 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, 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 # 37. 423.46 ..................................................................................................................................... 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 # 38. 423.47 ..................................................................................................................................... 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, WEDNESDAY, MARCH 8, 2006 2471 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 # 42. 423.12 ..................................................................................................................................... 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 # 46. 423.13 ..................................................................................................................................... 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 # 49. 423.4 ..................................................................................................................................... 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, development, extension, enlargement, or improvement of land, waters, 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 # 50. 423.24 ..................................................................................................................................... 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 2472 JOURNAL OF THE HOUSE $70,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 51. 423.25 ..................................................................................................................................... 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 # 52. 423.26 ..................................................................................................................................... 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 # 53. 423.27 ..................................................................................................................................... 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 $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 54. 423.28 ..................................................................................................................................... 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 # 55. 423.29 ..................................................................................................................................... WEDNESDAY, MARCH 8, 2006 2473 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 # 56. 423.30 ..................................................................................................................................... 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 # 57. 423.31 ..................................................................................................................................... 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. BOND # 58. 423.5 ..................................................................................................................................... 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 # 59. 423.6 ..................................................................................................................................... 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, 2474 JOURNAL OF THE HOUSE 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 # 60. 423.7 ..................................................................................................................................... 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 # 61. 423.8 ..................................................................................................................................... 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 # 62. 423.9 ..................................................................................................................................... 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 # 64. 423.10 ..................................................................................................................................... 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 WEDNESDAY, MARCH 8, 2006 2475 $340,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. BOND # 65. 423.11 ..................................................................................................................................... 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 maturities not in excess of sixty months. BOND # 67. 423.23 ..................................................................................................................................... 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 # 68. 423.20 ..................................................................................................................................... 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 # 70. 423.14 ..................................................................................................................................... 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 # 71. 423.15 ..................................................................................................................................... The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006: 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, 2476 JOURNAL OF THE HOUSE construction, development, extension, enlargement, or improvement of land, waters, 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. BOND # 3. 423.34 is amended to read as follows: From the appropriation designated "State General Funds (New)", $85,008 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 $1,012,000 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. 423.34 The specific appropriation above for the payment of highest annual debt service for the preceding paragraph is included in the appropriation in Section 49, Program 423 "General Obligation Debt Sinking Fund Issued." BOND # 3. 423.34 BONDS PENDING IN 2006 The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006: 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 # 8 is amended to read as follows: From the appropriation designated "State General Funds (New)", $182,400 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, WEDNESDAY, MARCH 8, 2006 2477 construction, development, extension, enlargement, or improvement of land, waters, 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 # 8 The specific appropriation above for the payment of highest annual debt service for the preceding paragraph is included in the appropriation in Section 49, Program 422 "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Act." (BOND # 8. 422.20, 423.2) ..................................................................................................................................... The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006: 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 # 47 is amended to read as follows: From the appropriation designated "State Motor Fuel Funds (New)", $32,865,000 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 # 47 The specific appropriation above for the payment of highest annual debt service for the preceding paragraph is included in the appropriation in Section 49, Program 422 "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Act." (BOND # 47. 422.35. See 422.32) ..................................................................................................................................... 2478 JOURNAL OF THE HOUSE The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006: 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 # 69 is amended to read as follows: From the appropriation designated "State General Funds (New)", $2,237,820 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 # 69 The specific appropriation above for the payment of highest annual debt service for the preceding paragraph is included in the appropriation in Section 49, Program 422 "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Act." (BOND # 69. 422.11) ..................................................................................................................................... The following paragraphs from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006, are carried forward. The specific appropriations for the payment of highest annual debt service are included in the appropriation in Section 49, Program 422, "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Acts": 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 # 10. 422.21 ..................................................................................................................................... WEDNESDAY, MARCH 8, 2006 2479 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 # 11 422.40 ..................................................................................................................................... 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. BOND # 15. 422.22 ..................................................................................................................................... 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. 422.23 ..................................................................................................................................... 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 # 22. 422.24 ..................................................................................................................................... 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 # 23. 2480 JOURNAL OF THE HOUSE 422.25 ..................................................................................................................................... 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 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 # 24. 422.26 ..................................................................................................................................... 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 # 25. 422.27 ..................................................................................................................................... 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 # 27. 422.28 ..................................................................................................................................... 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 # 30. 422.29 ..................................................................................................................................... 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 WEDNESDAY, MARCH 8, 2006 2481 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 # 35. 422.30 ..................................................................................................................................... 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 # 39. 422.3 ..................................................................................................................................... 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 # 40. 422.4 ..................................................................................................................................... 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 maturities not in excess of two hundred and forty months. BOND # 41. 422.5 ..................................................................................................................................... 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 # 43. 422.6 ..................................................................................................................................... 2482 JOURNAL OF THE HOUSE 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 # 44. 422.7 ..................................................................................................................................... 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 # 45. 422.8 ..................................................................................................................................... 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 # 48. 422.9 ..................................................................................................................................... From the appropriation designated "State General Funds (New)", $151,620 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. BOND # 63. 422.2 ..................................................................................................................................... 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 WEDNESDAY, MARCH 8, 2006 2483 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. BOND # 78. 422.33 BONDS PARTIALLY SOLD IN 2005 AND PENDING IN 2006 The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006, is carried forward, its authorization having been partially utilized in 2005: 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 # 66 Of the specific appropriation above, the amount of $168,000 for the payment of pending highest annual debt service in a principal amount of $2,000,000 is included in the appropriation in Section 49, Program 422, "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Acts" (422.31). Authorization for the payment of actual highest annual debt service for a principal amount of $1,500,000 issued in 2005 is in the appropriation in Section 49, Program 423, "General Obligation Debt Sinking Fund Issued." (423.22). (BOND # 66) .................................................................................................................................... The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006, is carried forward, its authorization having been partially utilized in 2005: 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. BOND # 72 Of the specific appropriation above, the amount of $2,794,260 for the payment of pending highest annual debt service in a principal amount of $33,265,000 is included in the appropriation in Section 49, Program 422, "General Obligation Debt 2484 JOURNAL OF THE HOUSE Sinking Fund New: Authorized under Previous Appropriations Acts" (422.12). Authorization for the payment of actual highest annual debt service for a principal amount of $5,000,000 issued in 2005 is in the appropriation in Section 49, Program 423, "General Obligation Debt Sinking Fund Issued." (423.16). BOND # 72 ..................................................................................................................................... The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006, is carried forward, its authorization having been partially utilized in 2005: 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 # 73 Of the specific appropriation above, the amount of $3,630,060 for the payment of pending highest annual debt service in a principal amount of $43,215,000 is included in the appropriation in Section 49, Program 422, "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Acts" (422.13). Authorization for the payment of actual highest annual debt service for a principal amount of $20,000,000 issued in 2005 is in the appropriation in Section 49, Program 423, "General Obligation Debt Sinking Fund Issued." (423.17). BOND # 73 ..................................................................................................................................... The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006, is carried forward, its authorization having been partially utilized in 2005: 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 # 74 Of the specific appropriation above, the amount of $333,480 for the payment of pending highest annual debt service in a principal amount of $3,970,000 is included in the appropriation in Section 49, Program 422, "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Acts" (422.14). The amount of $252,000 for the payment of pending highest annual debt service in a principal amount of $3,000,000 is included in the appropriation in Section 49, Program 422, "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Acts" (422.15). WEDNESDAY, MARCH 8, 2006 2485 Authorization for the payment of actual highest annual debt service for a principal amount of $500,000 issued in 2005 is in the appropriation in Section 49, Program 423, "General Obligation Debt Sinking Fund Issued" (423.18). BOND # 74 ..................................................................................................................................... The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006, is carried forward, its authorization having been partially utilized in 2005: 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 # 75 Of the specific appropriation above, the amount of $504,000 for the payment of pending highest annual debt service in a principal amount of $6,000,000 is included in the appropriation in Section 49, Program 422, "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Acts" (422.16). The amount of $98,280 for the payment of pending highest annual debt service in a principal amount of $1,170,000 is included in the appropriation in Section 49, Program 422, "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Acts" (422.17). Authorization for the payment of actual highest annual debt service for a principal amount of $1,500,000 issued in 2005 is in the appropriation in Section 49, Program 423, "General Obligation Debt Sinking Fund Issued" (423.19). BOND # 75 ..................................................................................................................................... The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006: 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 # 76 is amended to read as follows: From the appropriation designated "State General Funds (New)", $4,074,000 is specifically appropriated for the Georgia 2486 JOURNAL OF THE HOUSE 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 $48,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. BOND # 76 Of the specific appropriation above, the amount of $546,000 for the payment of pending highest annual debt service in a principal amount of $6,500,000 is included in the appropriation in Section 49, Program 422, "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Act." (422.34). The amount of $1,848,000 for the payment of pending highest annual debt service in a principal amount of $22,000,000 is included in the appropriation in Section 49, Program 422, "General Obligation Debt Sinking Fund New: Authorized under Previous Appropriations Acts" (422.18). Authorization for the payment of actual highest annual debt service for a principal amount of $20,000,000 issued in 2005 is in the appropriation in Section 49, Program 423, "General Obligation Debt Sinking Fund Issued" (423.21). BOND # 76 ..................................................................................................................................... The following paragraph from Section 48 of Ga. L. 2005, p. 1319, 1415 et seq., (Act No. 396, H.B. 85), for state fiscal year 2005-2006, is carried forward, its authorizations having been partially utilized in 2005: 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, the instruments of which shall have maturities not in excess of two hundred and forty months. Section 49. Of the specific appropriation above, the amount of $4,510,000 for the payment of pending highest annual debt service in a principal amount of $42,400,000 is included in the appropriation in Section 49, Program 423, "General Obligation Debt Sinking Fund Issued." Authorization for the payment of actual highest annual debt service for a principal amount of $7,600,000 issued in 2005 is in the appropriation in Section 49, Program 423, "General Obligation Debt Sinking Fund Issued". (Section 49) WEDNESDAY, MARCH 8, 2006 2487 VETOED BONDS BOND # 12 (VETOED) BOND # 13 (VETOED) BOND # 14 (VETOED) BOND # 16 (VETOED) BOND # 18 (VETOED) BOND # 19 (VETOED) BOND # 20 (VETOED) BOND # 21 (VETOED) BOND # 26 (VETOED) BOND # 31 (VETOED) BOND # 33 (VETOED) BOND # 77 (VETOED Section 51. General Obligation Bonds Repealed, Revised, or Reinstated 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. 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 2488 JOURNAL OF THE HOUSE 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 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." 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 WEDNESDAY, MARCH 8, 2006 2489 maturities not in excess of two hundred and forty months. "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." 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." 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." 2490 JOURNAL OF THE HOUSE 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." The following paragraph of the General Appropriations Act for state fiscal year 2004-2005 (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. 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. WEDNESDAY, MARCH 8, 2006 2491 Section 52: Flex The provisions in this section may be known collectively as "flex". When an agency receives appropriations from the group of funds listed under TOTAL STATE FUNDS 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 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). (4) apply to appropriations for general obligation debt. When an agency receives appropriations from the group of funds listed under TOTAL FEDERAL FUNDS 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 additional 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 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). 2492 JOURNAL OF THE HOUSE Section 53: Federal Funds 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 receding 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. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 54: Pay Raise 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 45-7-4(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 WEDNESDAY, MARCH 8, 2006 2493 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. 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 55: Leases 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. Refunds In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline 2494 JOURNAL OF THE HOUSE tax refund and any other refunds specifically authorized by law. Section 57: Budgetary Control and Interpretation The appropriations in this Act consist of the amount stated in the right-most column, for each line at the lowest level of detail for State Funds, Federal Funds, and as provided by law for other funds, under a caption beginning with a program number and program name and ending with "Appropriation (HB 1026)," in each case as associated with the statement of Program Name and Program Purpose. Amounts in the other columns are for informational purposes only. The Program Purpose is stated immediately below the Program Name. Text in a group of lines that begin with a decimal number is not part of a statement of purpose and is for information only. For Section 49, titled the "State of Georgia General Obligation Debt Sinking Fund," the appropriations are in Program appropriations and more specifically in the authorizing paragraphs as amended, and the lines beginning with a decimal number are for informational purposes only. The blocks of text and numerals immediately following the Section header and beginning with the phrases, "Section Total -Continuation" and "Section Totals Final" are for informational purposes only. Sections 50, 51, 52, 53, 54, 55, 56 and 57 contain, constitute or amend appropriations. Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Repeal Conflicting Laws All laws and parts of laws in conflict with this act are repealed. WEDNESDAY, MARCH 8, 2006 2495 Representative Harbin of the 118th moved that the House adopt the report of the Committee of Conference on HB 1026. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague 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 N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Y McCall E McClinton Y Meadows E Millar 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 Rynders Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V 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 165, nays 2. The motion prevailed. Representatives Coleman of the 144th, Dean of the 59th, and Rynders of the 152nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. 2496 JOURNAL OF THE HOUSE The following Resolutions of the House were read and referred to the Committee on Rules: HR 1693. By Representative Rice of the 51st: A RESOLUTION commending the Norcross Blue Devils on a championship season and inviting the team and their coaches to appear before the House of Representatives; and for other purposes. HR 1694. By Representative Rice of the 51st: A RESOLUTION commending the Wesleyan Lady Wolves on a championship season and inviting the team and its coaches to appear before the House of Representatives; and for other purposes. HR 1699. By Representatives Loudermilk of the 14th, Lunsford of the 110th, Scheid of the 22nd, Day of the 163rd and Jackson of the 161st: A RESOLUTION recognizing the Civil Air Patrol for its service to the citizens of Georgia and inviting certain members to appear before the House of Representatives; and for other purposes. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR WEDNESDAY, MARCH 8, 2006 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 08, 2006, by adding the following: DEBATE CALENDAR Open Rule HB 1027 General appropriations; FY 2006-2007 Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman WEDNESDAY, MARCH 8, 2006 2497 Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time: HB 1027. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending July 30, 2007. The following Committee substitute was read: A BILL To make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007; 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, 2006, and ending June 30, 2007, as prescribed hereinafter for such fiscal year: Total Funds $31,485,876,456 Federal and Other Funds $12,831,312,398 Federal Funds Not specifically Identified $2,391,252,502 Agency Funds $1,567,354,339 Other Funds $234,153,528 Temporary Assistance for Needy Families Block Grant $408,612,712 Social Services Block Grant $60,268,733 Child Care and Development Block Grant $136,626,303 Foster Care Title IV-E $66,740,935 Maternal and Child Health Services Block Grant $17,348,033 Medical Assistance Program $4,768,107,963 Preventive Health and Health Services Block Grant $3,056,456 Community Mental Health Services Block Grant $12,840,422 2498 JOURNAL OF THE HOUSE Prevention and Treatment of Substance Abuse Block Grant Federal Highway Administration Highway Planning and Construction Federal Transit Administration Capital Investment Grants Research Funds Indigent Care Trust Fund - Public Hospital Authorities State Children's Insurance Program Community Services Block Grant Low-Income Home Energy Assistance TANF Block Grant Unobligated Balance TANF Block Grant Transfers to Social Services Block Grant Records Center Storage Fee State Funds Lottery Funds Tobacco Funds State Motor Fuel State General Funds Brain and Spinal Injury Trust Fund Intra-State Government Transfers Health Insurance Payments Other Intra-State Government Payments Retirement Payments Self Insurance Trust Fund Payments Medicaid Services Payments - Other Agencies $50,960,435 $1,100,000,000 $12,858,431 $1,577,890,758 $158,537,322 $190,656,641 $17,185,183 $18,929,972 $20,000,000 $17,502,496 $429,234 $18,654,564,058 $841,554,506 $177,518,387 $801,759,400 $16,830,731,765 $3,000,000 $2,979,137,155 $2,418,674,325 $67,684,679 $42,747,938 $117,729,730 $332,300,483 Section 1: Georgia Senate Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $9,779,214 $0 $9,779,214 $9,779,214 $0 $0 Lieutenant Governor's Office Total Funds State Funds $838,701 $838,701 WEDNESDAY, MARCH 8, 2006 2499 State General Funds $838,701 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $813,497 $813,497 Provide funding based on the budget request for the General Assembly to include up to a 3% pay raise effective January 1, 2007. $25,204 $25,204 Amount appropriated in this Act $838,701 $838,701 Secretary of the Senate's Office Total Funds $1,198,966 State Funds $1,198,966 State General Funds $1,198,966 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,212,412 $1,212,412 Provide funding based on the budget request for the General Assembly to include up to a 3% pay raise effective January 1, 2007. ($13,446) ($13,446) Amount appropriated in this Act $1,198,966 $1,198,966 Senate Total Funds $6,738,774 State Funds $6,738,774 State General Funds $6,738,774 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,689,602 $6,689,602 Provide funding based on the budget request for the General Assembly to include up to a 3% pay raise effective January 1, 2007. $49,172 $49,172 Amount appropriated in this Act $6,738,774 $6,738,774 2500 JOURNAL OF THE HOUSE Senate Budget and Evaluation Office To provide budget development and evaluation expertise to the State Senate. Total Funds $1,002,773 State Funds $1,002,773 State General Funds $1,002,773 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $999,672 $999,672 Provide funding based on the budget request for the General Assembly to include up to a 3% pay raise effective January 1, 2007. $3,101 $3,101 Amount appropriated in this Act $1,002,773 $1,002,773 Section 2: Georgia House of Representatives Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $17,616,660 $0 $17,616,660 $17,616,660 $0 $0 Georgia House of Representatives Total Funds $17,616,660 State Funds $17,616,660 State General Funds $17,616,660 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $17,216,615 $17,216,615 Provide funding based on the budget request for the General Assembly to include up to a 3% pay raise effective January 1, 2007. $150,045 $150,045 Increase funds to reflect an adjustment in the employer $0 $0 share of the State Health Benefit Plan premiums from 14.20% to 16.713%. WEDNESDAY, MARCH 8, 2006 2501 Provide funding for a dual-agency Formula Study $250,000 $250,000 Committee involving the Board of Regents and DTAE. Amount appropriated in this Act $17,616,660 $17,616,660 Section 3: Georgia General Assembly Joint Offices Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $9,078,281 $0 $9,078,281 $9,078,281 $0 $0 Ancillary Activities To provide services for the legislative branch of government. Total Funds $3,833,123 State Funds $3,833,123 State General Funds $3,833,123 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,933,862 $4,933,862 Reflect the budget request of the Georgia General Assembly Joint Offices. ($1,100,739) ($1,100,739) Amount appropriated in this Act $3,833,123 $3,833,123 Legislative Fiscal Office To act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative expenditures and commitments. Total Funds $2,364,548 State Funds $2,364,548 State General Funds $2,364,548 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,209,558 $2,209,558 Reflect the budget request for the Georgia General Assembly. $154,990 $154,990 2502 JOURNAL OF THE HOUSE Amount appropriated in this Act $2,364,548 $2,364,548 Office of Legislative Counsel To provide bill-drafting services, advice and counsel for members of the General Assembly. Total Funds $2,880,610 State Funds $2,880,610 State General Funds $2,880,610 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,010,843 $3,010,843 Reflect the budget request for the Georgia General Assembly. ($130,233) ($130,233) Amount appropriated in this Act $2,880,610 $2,880,610 Section 4: Audits and Accounts, Department of Total Funds Federal and Other Funds State Funds Lottery Funds State General Funds Intra-State Government Transfers Other Fund Sources $31,927,549 $0 $31,927,549 $0 $31,927,549 $0 $0 Administration To provide administrative support to all Department programs. Total Funds $1,602,714 State Funds $1,602,714 State General Funds $1,602,714 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,596,639 $1,596,639 Reflect the budget request for the Department of Audits and Accounts as submitted for FY 2007 to include a 3% salary increase effective January 1, 2007. $6,075 $6,075 WEDNESDAY, MARCH 8, 2006 2503 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Amount appropriated in this Act $0 $0 $0 $1,602,714 $0 $0 $0 $1,602,714 Audit and Assurance Services Total Funds $28,053,474 State Funds $28,053,474 State General Funds $28,053,474 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Establish a new Audit and Assurance Services program by combining the Financial Audits, Performance Audits, and Information System Audits programs. $28,053,474 $28,053,474 Amount appropriated in this Act $28,053,474 $28,053,474 Financial Audits 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. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $22,831,899 $22,831,899 Reflect the budget request for the Department of $1,319,769 Audits and Accounts as submitted for FY 2007 to include a 3% salary increase effective January 1, 2007. $1,319,769 2504 JOURNAL OF THE HOUSE Establish a new Audit and Assurance Services program by combining the Financial Audits, Performance Audits, and Information System Audits programs. Amount appropriated in this Act ($24,151,668) ($24,151,668) $0 $0 Information Systems Audits 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. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,076,951 $1,076,951 Reflect the budget request for the Department of Audits and Accounts as submitted for FY 2007 to include a 3% salary increase effective January 1, 2007. $312,535 $312,535 Establish a new Audit and Assurance Services program by combining the Financial Audits, Performance Audits, and Information System Audits programs. ($1,389,486) ($1,389,486) Amount appropriated in this Act $0 $0 Legislative Services To provide information on retirement system services, promulgation of statewide policies and procedures and provide fiscal note services. Total Funds $113,096 State Funds $113,096 State General Funds $113,096 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $110,575 $110,575 Reflect the budget request for the Department of Audits and Accounts as submitted for FY 2007. $2,521 $2,521 Amount appropriated in this Act $113,096 $113,096 WEDNESDAY, MARCH 8, 2006 2505 Performance Audits To audit state programs to determine their efficiency, effectiveness, economy of operations, and compliance with laws and rules. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,426,566 $2,426,566 Reflect the budget request for the Department of Audits and Accounts as submitted for FY 2007 to include a 3% salary increase effective January 1, 2007. $85,754 $85,754 Establish a new Audit and Assurance Services program by combining the Financial Audits, Performance Audits, and Information System Audits programs. ($2,512,320) ($2,512,320) Amount appropriated in this Act $0 $0 Statewide Equalized Adjusted Property Tax Digest 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 $2,158,265 State Funds $2,158,265 State General Funds $2,158,265 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,052,514 $2,052,514 Reflect the budget request for the Department of Audits and Accounts as submitted for FY 2007 to include a 3% salary increase effective January 1, 2007. $105,751 $105,751 Amount appropriated in this Act $2,158,265 $2,158,265 Section 5: Appeals, Court of Total Funds Federal and Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $12,968,792 $90,000 $90,000 $12,878,792 $12,878,792 $0 2506 JOURNAL OF THE HOUSE Other Fund Sources $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 $12,968,792 Federal and Other Funds $90,000 Agency Funds $90,000 State Funds $12,878,792 State General Funds $12,878,792 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $12,537,586 $12,627,586 Annualize the cost of the FY2006 salary adjustment. $125,465 $125,465 Additional funding for an increase in real estate rents due to occupancy of new space in Health Building. $67,773 $67,773 Provide funding to pay for new GTA Billing Costs related to PeopleSoft HRMS and Financials. $20,388 $20,388 Fill 2 vacant positions. $127,580 $127,580 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $0 $0 Increase funds to reflect an adjustment in the employer $0 $0 share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' $0 $0 Compensation premiums. Amount appropriated in this Act $12,878,792 $12,968,792 Section 6: Judicial Council Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $13,823,743 $0 $13,823,743 $13,823,743 $0 $0 WEDNESDAY, MARCH 8, 2006 2507 Georgia Office of Dispute Resolution The purpose is to oversee the development of court-connected alternative dispute resolution programs in Georgia. Total Funds $423,066 State Funds $423,066 State General Funds $423,066 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $362,494 $362,494 Annualize the cost of the FY2006 salary adjustment. $2,888 $2,888 Provide for an additional project administrator position. $50,000 $50,000 Provide additional funding to cover increased per diem and fee expenses. $7,684 $7,684 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $0 $0 Increase funds to reflect an adjustment in the employer $0 $0 share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' $0 $0 Compensation premiums. Amount appropriated in this Act $423,066 $423,066 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 $1,286,382 State Funds $1,286,382 State General Funds $1,286,382 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,126,382 $1,126,382 Provide funding for design and delivery of a certificate program for court administrators. $40,000 $40,000 2508 JOURNAL OF THE HOUSE Provide additional funding to cover the expenses of taking part in Continuing Judicial Education (CJE) for 40 new judgeships, superior court and state court positions created since 1996. Provide for the recovery of funds lost during the time of a 15% reduction of legislative funding to the ICJE between FY 2003 and FY 2004. Provide funding to underwrite the cost of the personal security summit. Amount appropriated in this Act $60,000 $50,000 $10,000 $1,286,382 $60,000 $50,000 $10,000 $1,286,382 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 $11,044,295 State Funds $11,044,295 State General Funds $11,044,295 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $10,629,370 $10,629,370 Annualize the cost of the FY2006 salary adjustment. $63,245 $63,245 Increase funding for the grant to assist victims of family violence with legal matters. $83,803 $83,803 Increase funding for Administrative Office of the Courts technology contracts. $40,000 $40,000 Provide funding for the Judicial Council Standing Committee on Drug Courts. $0 $0 Provide child support guidelines matching funds. $121,206 $121,206 Provide base adjustments and annualizers. $106,671 $106,671 Reduce operations. ($1,000,000) ($1,000,000) Transfer Statewide Felony and Juvenile Drug Courts to the Administrative Office of the Courts. $1,000,000 $1,000,000 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $0 $0 WEDNESDAY, MARCH 8, 2006 2509 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act $0 $0 $0 $0 $11,044,295 $11,044,295 Judicial Qualifications Commission The purpose is to discipline, remove, and cause involuntary retirement of judges. Total Funds $270,000 State Funds $270,000 State General Funds $270,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $258,046 $258,046 Annualize the cost of the FY2006 salary adjustment. $1,528 $1,528 Provide funds to restructure the office and provide more efficient labor. $10,426 $10,426 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $0 $0 Increase funds to reflect an adjustment in the employer $0 $0 share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' $0 $0 Compensation premiums. Amount appropriated in this Act $270,000 $270,000 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 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 2510 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Provide additional contract funding for additional attorneys to handle the increased number of cases projected to be entering state habeas corpus proceedings in FY 2007. Amount appropriated in this Act State Funds Total Funds $800,000 $800,000 $0 $0 $800,000 $800,000 Section 7: Juvenile Courts Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $6,470,795 $0 $6,470,795 $6,470,795 $0 $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 $1,538,714 State Funds $1,538,714 State General Funds $1,538,714 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,519,101 $1,519,101 Provide for base adjustments and annualizers. $61,216 $61,216 Transfer funding from Council of Juvenile Court Judges to Grants to Counties for correct program totals. ($41,603) ($41,603) Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $0 $0 Increase funds to reflect an adjustment in the employer $0 $0 share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' $0 $0 Compensation premiums. WEDNESDAY, MARCH 8, 2006 2511 Amount appropriated in this Act $1,538,714 $1,538,714 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 $4,932,081 State Funds $4,932,081 State General Funds $4,932,081 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,714,839 $4,714,839 Provide for base adjustments and annualizers. $105,767 $105,767 Provide funding to implement HB 334. $48,622 $48,622 Transfer funding from Council of Juvenile Court Judges to Grants to Counties for correct program totals. $41,603 $41,603 Provide funding for 4 new judgeships and requirements in Houston, Blue Ridge, Coweta and Paulding circuits. $21,250 $21,250 Amount appropriated in this Act $4,932,081 $4,932,081 Section 8: Prosecuting Attorneys Total Funds Federal and Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $53,985,200 $1,767,046 $1,767,046 $52,218,154 $52,218,154 $0 $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 $48,328,857 Federal and Other Funds $1,767,046 2512 JOURNAL OF THE HOUSE Agency Funds $1,767,046 State Funds $46,561,811 State General Funds $46,561,811 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $43,925,448 $45,692,494 Annualize the cost of the 5 additional assistant district attorneys. $388,290 $388,290 Annualize the cost of the 7 additional victim advocate positions. $296,262 $296,262 Annualize the cost of the FY 2006 salary adjustment. $458,303 $458,303 Provide funding for 10 additional victim advocate positions. $300,000 $300,000 Provide for base adjustments and annualizers. $983,718 $983,718 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $0 $0 Increase funds to reflect an adjustment in the employer $0 $0 share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' $0 $0 Compensation premiums. Provide funding for 4 new judgeships and requirements in Houston, Blue Ridge, Coweta and Paulding circuits. $209,790 $209,790 Amount appropriated in this Act $46,561,811 $48,328,857 Prosecuting Attorney's Council This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors. Total Funds $5,656,343 State Funds $5,656,343 State General Funds $5,656,343 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 WEDNESDAY, MARCH 8, 2006 2513 Transfer funds from the Superior Court Judges budget for positions in the DOAS contract that affect the District Attorney and Prosecuting Attorney's Council budgets. Provide funds to initiate a judicial circuit integrated communication project. Provide funds to purchase current editions of "Daniel's Georgia Criminal Trial Practice" and "Georgia Rules of Evidence" for all district attorney offices. Provide funding to send district attorneys to the Governor's Leadership Institute. Provide funds for intern positions. Annualize 3 additional positions in the Capital Litigation division. Provide for base adjustments and annualizers. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act $106,385 $500,000 $215,000 $10,000 $83,160 $311,968 $4,429,830 $0 $0 $0 $5,656,343 $106,385 $500,000 $215,000 $10,000 $83,160 $311,968 $4,429,830 $0 $0 $0 $5,656,343 Section 9: Public Defender Standards Council, Georgia Total Funds Federal and Other Funds Agency Funds State Funds Other State Funds State General Funds Intra-State Government Transfers Other Fund Sources $29,804,954 $1,972,832 $1,972,832 $27,832,122 $0 $27,832,122 $0 $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 persons charged with the death penalty after January 1, 2005, and provides training, assistance and direct representation in NGRI (Not Guilty by 2514 JOURNAL OF THE HOUSE Reason of Insanity) cases. Total Funds $11,167,007 Federal and Other Funds $559,797 Agency Funds $559,797 State Funds $10,607,210 State General Funds $10,607,210 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $10,607,210 $11,167,007 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $0 $0 Increase funds to reflect an adjustment in the employer $0 $0 share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' $0 $0 Compensation premiums. Amount appropriated in this Act $10,607,210 $11,167,007 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 $18,637,947 Federal and Other Funds $1,413,035 Agency Funds $1,413,035 State Funds $17,224,912 State General Funds $17,224,912 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $31,471,850 $32,884,885 Redirect $2,276,693 from Public Defender circuit offices to Conflict Case Management offices. $0 $0 Provide for a general reduction in operating expenses. ($14,246,938) ($14,246,938) Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $0 $0 WEDNESDAY, MARCH 8, 2006 2515 Increase funds to reflect an adjustment in the employer $0 share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' $0 Compensation premiums. Amount appropriated in this Act $17,224,912 $0 $0 $18,637,947 Section 10: Superior Courts Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $54,043,008 $0 $54,043,008 $54,043,008 $0 $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 $243,000 State Funds $243,000 State General Funds $243,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $144,925 $144,925 Provide base adjustments and annualizers. $98,075 $98,075 Amount appropriated in this Act $243,000 $243,000 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 $971,630 State Funds $971,630 State General Funds $971,630 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 2516 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Provide base adjustments and annualizers. Provide funds to add an administrative assistant to assist with workload for the Council of Superior Court Judges. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act State Funds $0 $925,339 $46,291 $0 $0 $0 $971,630 Total Funds $0 $925,339 $46,291 $0 $0 $0 $971,630 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 liaison between local and state courts. Total Funds $2,184,721 State Funds $2,184,721 State General Funds $2,184,721 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,253,718 $2,253,718 Provide base adjustments and annualizers. ($68,997) ($68,997) Amount appropriated in this Act $2,184,721 $2,184,721 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. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,000,000 $1,000,000 WEDNESDAY, MARCH 8, 2006 2517 Transfer Statewide Felony and Juvenile Drug Courts to the Administrative Office of the Courts. Amount appropriated in this Act ($1,000,000) ($1,000,000) $0 $0 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 $50,643,657 State Funds $50,643,657 State General Funds $50,643,657 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $48,090,013 $48,090,013 Provide for Secretaries pay raise effective April 1, 2007. $466,911 $466,911 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $0 $0 Increase funds to reflect an adjustment in the employer $0 $0 share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' $0 $0 Compensation premiums. Provide funding for 4 new judgeships and requirements in Houston, Blue Ridge, Coweta and Paulding circuits. $724,075 $724,075 Provide base adjustments and annualizers. $1,362,658 $1,362,658 Amount appropriated in this Act $50,643,657 $50,643,657 Section 11: Supreme Court Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $7,969,323 $0 $7,969,323 $7,969,323 $0 $0 2518 JOURNAL OF THE HOUSE Supreme Court of Georgia The purpose is to be a court of review and exercise exclusive appellate jurisdiction in all cases in Total Funds $7,969,323 State Funds $7,969,323 State General Funds $7,969,323 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,647,980 $7,647,980 Provide base adjustments and annualizers. $321,343 $321,343 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $0 $0 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $0 Increase funds to reflect an adjustment in the Workers' $0 $0 Compensation premiums. Amount appropriated in this Act $7,969,323 $7,969,323 Section 12: Accounting Office, State Total Funds Federal and Other Funds Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments Other Fund Sources $15,776,297 $117,662 $0 $117,662 $6,802,841 $6,802,841 $8,855,794 $8,855,794 $0 State Accounting Office 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 $15,776,297 Federal and Other Funds $117,662 Other Funds $117,662 WEDNESDAY, MARCH 8, 2006 2519 State Funds $6,802,841 State General Funds $6,802,841 Intra-State Government Transfers $8,855,794 Other Intra-State Government Payments $8,855,794 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,723,889 $10,579,683 Annualize the cost of the FY2006 salary adjustment. $24,765 $24,765 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $31,389 $31,389 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $44,200 $44,200 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $45,985 $163,647 Increase operating expenses to implement the Statewide Reporting tool. $2,464,909 $2,464,909 Increase per diem and fees to implement an Accounts Receivable initiative. $300,000 $300,000 Increase personal services ($699,600), regular operating expenses ($200,000), and computer charges ($176,200) to implement the Consolidated Banking initiative. $538,868 $538,868 Fully fund 5 positions in statewide operations. $355,018 $355,018 Fund a rate increase for the PeopleSoft maintenance contract. $78,618 $78,618 Increase operating expenses to implement the PeopleSoft CAFR tool. $1,195,200 $1,195,200 Amount appropriated in this Act $6,802,841 $15,776,297 Section 13: Administrative Services, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds $170,177,682 $12,197,120 $0 $12,877,427 ($680,307) 2520 JOURNAL OF THE HOUSE State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments Self Insurance Trust Fund Payments Other Fund Sources $20,716,619 $20,716,619 $137,263,943 $19,534,213 $117,729,730 $0 Administration To provide administrative support to all department programs. Total Funds $5,779,866 Federal and Other Funds $2,084,660 Agency Funds $2,030,008 Other Funds $54,652 State Funds $3,695,206 State General Funds $3,695,206 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,514,361 $5,544,369 Annualize the cost of the FY2006 salary adjustment. $1,496 $36,231 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $26,912 $26,912 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $92,483 $92,483 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $123,684 $143,601 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $6,749 $6,749 Reduce operating expenses in the Administration program. ($70,479) ($70,479) Amount appropriated in this Act $3,695,206 $5,779,866 Bulk Paper Sales No longer an active program (outsourced as a statewide contract). Agency Funds $2,353,715 WEDNESDAY, MARCH 8, 2006 2521 Other Funds ($2,353,715) The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $2,353,715 Transfer 1 position and $92,192 in agency funds from Bulk Paper Sales to Surplus Property. $0 ($92,192) Eliminate the Bulk Paper and Service Contract Management programs (Total Funds: $2,264,801). $0 ($2,261,523) Amount appropriated in this Act $0 $0 Fiscal Services To provide administrative functions and services necessary for the fulfillment of the responsibilities of the Superior Courts. Total Funds $322,037 Federal and Other Funds $322,037 Agency Funds $307,228 Other Funds $14,809 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $307,228 Annualize the cost of the FY2006 salary adjustment. $0 $3,108 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $11,701 Amount appropriated in this Act $0 $322,037 Fleet Support Services In conjunction with OPB, the program centralizes State government motor vehicle fleet management functions to ensure efficient and cost effective fleet operations and to minimize the life-cycle costs associated with vehicle ownership. Total Funds $2,502,664 Federal and Other Funds $2,502,664 Agency Funds $1,719,934 Other Funds $782,730 2522 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $2,409,075 Annualize the cost of the FY2006 salary adjustment. $0 $8,268 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $29,101 Transfer 1 position and $56,220 in agency funds from Service Contract Management to Fleet Management. $0 $56,220 Amount appropriated in this Act $0 $2,502,664 Mail and Courier To provide convenient, efficient, and cost effective services through aggregation of demand for Capitol Hill and metro area mail and package delivery services. Total Funds $1,387,642 Federal and Other Funds $1,387,642 Agency Funds $1,164,259 Other Funds $223,383 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $1,281,259 Annualize the cost of the FY2006 salary adjustment. $0 $5,207 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $20,344 Transfer $80,832 in agency funds for real estate rentals from Service Contract Management to Mail and Courier. $0 $80,832 Amount appropriated in this Act $0 $1,387,642 Risk Management To provide cost minimization and fair treatment of citizens through effective claims management. Total Funds $137,389,260 Federal and Other Funds $125,317 WEDNESDAY, MARCH 8, 2006 2523 Other Funds $125,317 Intra-State Government Transfers $137,263,943 Other Intra-State Government Payments $19,534,213 Self Insurance Trust Fund Payments $117,729,730 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $137,263,943 Annualize the cost of the FY2006 salary adjustment. $0 $26,205 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $99,112 Amount appropriated in this Act $0 $137,389,260 Service Contract Management No longer an active program. Agency Funds $140,330 Other Funds ($140,330) The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $140,330 Eliminate the Bulk Paper and Service Contract Management programs (Total Funds: $2,264,801). $0 ($3,278) Transfer 1 position and $56,220 in agency funds from Service Contract Management to Fleet Management, and $80,832 in agency funds for real estate rentals from Service Contract Management to Mail and Courier. $0 ($137,052) Amount appropriated in this Act $0 $0 Space Management No longer an active program in DOAS. See State Properties Commission. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $371,491 $371,491 2524 JOURNAL OF THE HOUSE Transfer funds from the Department of Administrative Services ($558,553) to establish the State Properties Commission as a stand alone agency and transfer the Space Management program ($371,491) and the Payments to GBA program ($2,331,288) from the Department of Administrative Services to the State Properties Commission. Amount appropriated in this Act ($371,491) $0 ($371,491) $0 State Purchasing To reduce cost through aggregation of purchasing demand for state and local governments and to provide fair and equitable access through open, structured competitive procurement. Total Funds $9,650,215 Federal and Other Funds $185,003 Agency Funds $147,831 Other Funds $37,172 State Funds $9,465,212 State General Funds $9,465,212 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $16,623,841 $18,791,672 Annualize the cost of the FY2006 salary adjustment. $37,583 $37,583 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $36,522 $36,522 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $45,722 $45,722 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $182,870 $220,042 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $9,074 $9,074 Increase operating expenses for the E-Procurement System for the Commission for a New Georgia's procurement initiative. $2,020,000 $2,020,000 WEDNESDAY, MARCH 8, 2006 2525 Eliminate one-time funding in State Purchasing for the ($11,195,400) ($13,215,400) Commission for a New Georgia's procurement initiative. Increase personal services and operating expenses for the Commission for a New Georgia's Enterprise Asset Management System. $1,705,000 $1,705,000 Amount appropriated in this Act $9,465,212 $9,650,215 Surplus Property To reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and local governments, qualifying nonprofits, and to the public through auction. Total Funds $2,043,733 Federal and Other Funds $2,043,733 Agency Funds $1,885,035 Other Funds $158,698 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $1,885,035 Annualize the cost of the FY2006 salary adjustment. $0 $14,059 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $52,447 Transfer 1 position and $92,192 in agency funds from Bulk Paper Sales to Surplus Property. $0 $92,192 Amount appropriated in this Act $0 $2,043,733 U. S. Post Office To provide convenient and cost-effective postal services to agencies and individuals. Total Funds $173,296 Federal and Other Funds $155,575 Agency Funds $151,000 Other Funds $4,575 State Funds $17,721 State General Funds $17,721 2526 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,593 $160,593 Annualize the cost of the FY2006 salary adjustment. $1,800 $1,800 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $641 $641 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $5,271 $5,271 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $398 $4,973 Increase funds to reflect an adjustment in the Workers' $18 $18 Compensation premiums. Amount appropriated in this Act $17,721 $173,296 The following appropriations are for agencies attached for administrative purposes. Payments to Georgia Building Authority No longer an active program in DOAS. See State Properties Commission. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,331,288 $2,331,288 Transfer funds from the Department of Administrative ($2,331,288) Services ($558,553) to establish the State Properties Commission as a stand alone agency and transfer the Space Management program ($371,491) and the Payments to GBA program ($2,331,288) from the Department of Administrative Services to the State Properties Commission. ($2,331,288) Amount appropriated in this Act $0 $0 Payments to Georgia Technology Authority To provide for procurement of technology resources, enterprise and portfolio management, as well as the centralized marketing, provision, sale and leasing, or WEDNESDAY, MARCH 8, 2006 2527 execution of license agreements for access online or in volume, of certain public information maintained in electronic format to the public. Total Funds $3,250,000 Federal and Other Funds $353,231 Other Funds $353,231 State Funds $2,896,769 State General Funds $2,896,769 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $396,769 $750,000 Increase payments to GTA for the Statewide Wireless $2,500,000 $2,500,000 Broadband Initiative. Amount appropriated in this Act $2,896,769 $3,250,000 Office of State Administrative Hearings To provide an impartial and independent forum for resolving disputes between the public and state agencies. Total Funds $4,437,936 Federal and Other Funds $608,684 Agency Funds $601,308 Other Funds $7,376 State Funds $3,829,252 State General Funds $3,829,252 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,717,517 $4,318,825 Annualize the cost of the FY2006 salary adjustment. $29,494 $29,494 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $18,308 $18,308 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $132,477 $139,853 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $5,807 $5,807 Reduce personal services. ($74,351) ($74,351) 2528 JOURNAL OF THE HOUSE Amount appropriated in this Act $3,829,252 $4,437,936 State Properties Commission No longer an active program in DOAS. See State Properties Commission. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $558,553 $558,553 Transfer funds from the Department of Administrative Services ($558,553) to establish the State Properties Commission as a stand alone agency and transfer the Space Management program ($371,491) and the Payments to GBA program ($2,331,288) from the Department of Administrative Services to the State Properties Commission. ($558,553) ($558,553) Amount appropriated in this Act $0 $0 Office of Treasury and Fiscal Services 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 $3,095,206 Federal and Other Funds $2,428,574 Agency Funds $2,376,779 Other Funds $51,795 State Funds $666,632 State General Funds $666,632 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $354,569 $2,731,348 Annualize the cost of the FY2006 salary adjustment. $11,797 $11,797 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $7,323 $7,323 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $20,636 $20,636 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $523 $523 WEDNESDAY, MARCH 8, 2006 2529 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Reduce operating expenses in the Cash Management program ($3,546) and the Investment Services program ($3,546) to reflect an insurance policy rate adjustment. Increase personal services and operating expenses and add 2 positions in the Cash Management program for the Consolidated Banking Initiative. Amount appropriated in this Act $16,076 ($7,092) $262,800 $666,632 $16,076 ($7,092) $314,595 $3,095,206 Health Planning Review Board To review decisions made by hearing officers. Total Funds State Funds State General Funds $60,473 $60,473 $60,473 Agency for the Removal of Hazardous Materials 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 Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $51,645,550 $8,734,010 $6,849,321 $1,657,042 $227,647 $42,911,540 $42,911,540 $0 $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. 2530 JOURNAL OF THE HOUSE Consumer Protection To ensure a safe food supply, ensure a safe and healthy supply of agricultural products, ensure accurate commercial transactions that utilize weighing and measuring devices and to protect animal health (production, equine & companion) for the Citizens of Georgia. Total Funds $29,700,608 Federal and Other Funds $7,684,221 Federal Funds Not specifically Identified $6,749,221 Agency Funds $591,257 Other Funds $343,743 State Funds $22,016,387 State General Funds $22,016,387 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $20,634,327 $28,245,700 Annualize the cost of the FY2006 salary adjustment. $168,183 $168,183 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $224,845 $224,845 Provide for an adjustment to the Georgia Building $138,201 Authority (GBA) real estate rental rate for office space. $138,201 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $297,187 $297,187 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $47,271 $47,271 Transfer funds from the Administration program ($111,683) and the Marketing and Promotion program ($225,233) to the Consumer Protection program ($334,272) and the Poultry Veterinary Diagnostic Labs ($2,644) to reflect program expenditures. $334,272 $407,120 Redistribute equipment purchases to reflect program needs by moving $6,332 from the Consumer Protection program, $5,504 to the Administration program and $828 to the Marketing and Promotion program. ($6,332) ($6,332) Fill 1 vacant inspector position and 1 vacant veterinary district supervisor position. $47,480 $47,480 Fill 3 vacant food safety positions. $96,315 $96,315 WEDNESDAY, MARCH 8, 2006 2531 Fill 3 vacant plant pathologist positions. Amount appropriated in this Act $34,638 $34,638 $22,016,387 $29,700,608 Marketing and Promotion To expand sales of Georgia's commodities from growers by promoting them domestically and internationally. Total Funds $8,563,745 Federal and Other Funds $721,568 Federal Funds Not specifically Identified $30,600 Agency Funds $854,105 Other Funds ($163,137) State Funds $7,842,177 State General Funds $7,842,177 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,857,881 $8,731,062 Annualize the cost of the FY2006 salary adjustment. $31,615 $31,615 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $57,454 $57,454 Provide for an adjustment to the Georgia Building $32,355 Authority (GBA) real estate rental rate for office space. $32,355 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $75,939 $75,939 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $12,079 $12,079 Redistribute equipment purchases to reflect program needs by moving $6,332 from the Consumer Protection program, $5,504 to the Administration program and $828 to the Marketing and Promotion program. $828 $828 Reduce the contract with the Federation of Southern Cooperatives. ($741) ($741) Transfer funds from the Administration program ($111,683) and the Marketing and Promotion program ($225,233) to the Consumer Protection program ($334,272) and the Poultry Veterinary Diagnostic Labs ($225,233) ($376,846) 2532 JOURNAL OF THE HOUSE ($2,644) to reflect program expenditures. Amount appropriated in this Act $7,842,177 $8,563,745 Administration To provide administrative support for all programs of the department. Total Funds $6,412,940 Federal and Other Funds $328,221 Federal Funds Not specifically Identified $69,500 Agency Funds $211,680 Other Funds $47,041 State Funds $6,084,719 State General Funds $6,084,719 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,967,006 $6,216,462 Annualize the cost of the FY2006 salary adjustment. $30,982 $30,982 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $49,947 $49,947 Provide for an adjustment to the Georgia Building $66,445 Authority (GBA) real estate rental rate for office space. $66,445 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $66,017 $66,017 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $10,501 $10,501 Redistribute equipment purchases to reflect program needs by moving $6,332 from the Consumer Protection program, $5,504 to the Administration program and $828 to the Marketing and Promotion program. $5,504 $5,504 Transfer funds from the Administration program ($111,683) and the Marketing and Promotion program ($225,233) to the Consumer Protection program ($334,272) and the Poultry Veterinary Diagnostic Labs ($2,644) to reflect program expenditures. ($111,683) ($32,918) Amount appropriated in this Act $6,084,719 $6,412,940 WEDNESDAY, MARCH 8, 2006 2533 The following appropriations are for agencies attached for administrative purposes. Athens/Tifton Veterinary Labs To ensure the safety of our food supply, the health of animals (production, equine and companion) and to protect public health as it relates to animals within the State of Georgia. Total Funds $3,485,061 State Funds $3,485,061 State General Funds $3,485,061 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,271,132 $3,271,132 Annualize the cost of the FY2006 salary adjustment. $41,542 $41,542 Fill 1 vacant pathologist position at the Athens/Tifton Veterinary Labs. $130,845 $130,845 Transfer pay raise funds for Athens/Tifton Veterinary Labs employees from the Board of Regents to the Department of Agriculture. $41,542 $41,542 Amount appropriated in this Act $3,485,061 $3,485,061 Poultry Veterinary Diagnostic Labs To provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza. Total Funds $3,483,196 State Funds $3,483,196 State General Funds $3,483,196 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,140,822 $3,140,822 Annualize the cost of the FY2006 salary adjustment. $49,043 $49,043 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $47,142 $47,142 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $1,852 $1,852 2534 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the Workers' Compensation premiums. $294 Provide funding for diagnostic equipment and supplies $121,399 at the Oakwood Poultry Veterinary Diagnostic Lab and branch labs. Transfer funds from the Administration program ($111,683) and the Marketing and Promotion program ($225,233) to the Consumer Protection program ($334,272) and the Poultry Veterinary Diagnostic Labs ($2,644) to reflect program expenditures. $2,644 Provide funds to automate the Liquid Handing System $120,000 for Avian Influenza Virus Testing. Amount appropriated in this Act $3,483,196 $294 $121,399 $2,644 $120,000 $3,483,196 Section 15: Banking and Finance, Department of Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $11,581,920 $0 $11,581,920 $11,581,920 $0 $0 Administration Provide administrative support to all Department programs. Total Funds $1,786,026 State Funds $1,786,026 State General Funds $1,786,026 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,645,199 $1,645,199 Annualize the cost of the FY2006 salary adjustment. $13,833 $13,833 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $13,372 $13,372 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $27,893 $27,893 WEDNESDAY, MARCH 8, 2006 2535 Increase funds to reflect an adjustment in the Workers' Compensation premiums. Increase personal services to add 1 Network Administrator. Purchase field offices phone system. Amount appropriated in this Act $1,010 $59,701 $25,018 $1,786,026 $1,010 $59,701 $25,018 $1,786,026 Chartering, Licensing and Applications/Non-mortgage Entities 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 $512,992 State Funds $512,992 State General Funds $512,992 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $495,504 $495,504 Annualize the cost of the FY2006 salary adjustment. $4,449 $4,449 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $4,124 $4,124 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $8,603 $8,603 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $312 $312 Amount appropriated in this Act $512,992 $512,992 Consumer Protection and Assistance To assist consumers with problems encountered when dealing with departmentregulated entities. Total Funds $529,701 State Funds $529,701 State General Funds $529,701 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds 2536 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act $515,920 $3,506 $3,250 $6,779 $246 $529,701 $515,920 $3,506 $3,250 $6,779 $246 $529,701 Financial Institution Supervision 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 $6,956,283 State Funds $6,956,283 State General Funds $6,956,283 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,581,431 $6,581,431 Annualize the cost of the FY2006 salary adjustment. $47,742 $47,742 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $54,121 $54,121 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $112,892 $112,892 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,090 $4,090 Purchase field offices phone system. $156,007 $156,007 Amount appropriated in this Act $6,956,283 $6,956,283 Mortgage Supervision To protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and enforces applicable laws and regulations. Total Funds $1,796,918 State Funds $1,796,918 WEDNESDAY, MARCH 8, 2006 2537 State General Funds $1,796,918 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,738,299 $1,738,299 Annualize the cost of the FY2006 salary adjustment. $14,322 $14,322 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $14,012 $14,012 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $29,227 $29,227 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,058 $1,058 Amount appropriated in this Act $1,796,918 $1,796,918 Section 16: Community Affairs, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds Federal Transit Administration Capital Investment Grants State Funds Tobacco Funds State General Funds Intra-State Government Transfers Other Fund Sources $200,647,047 $104,661,902 $93,566,048 $10,831,688 $264,166 $0 $95,985,145 $47,123,333 $48,861,812 $0 $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 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. 2538 JOURNAL OF THE HOUSE Administration The purpose is to provide administrative support for all programs of the department. Total Funds $4,800,328 Federal and Other Funds $2,498,773 Federal Funds Not specifically Identified $22,000 Agency Funds $2,476,773 State Funds $2,301,555 State General Funds $2,301,555 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,982,095 $4,480,868 Annualize the cost of the FY2006 salary adjustment. $13,381 $13,381 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $18,629 $18,629 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $26,780 $26,780 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,340 $4,340 Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. $95,591 $95,591 Add 1 human resources position to the Administration $0 $0 program to perform administrative support and transactional activities. Establish a secondary IT infrastructure site to continue $0 $0 key services in the event of an emergency that renders the central office inaccessible. Transfer one position from Coordinated Planning to Administration. $160,739 $160,739 Amount appropriated in this Act $2,301,555 $4,800,328 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 WEDNESDAY, MARCH 8, 2006 2539 state. Total Funds $461,277 Federal and Other Funds $171,722 Agency Funds $171,722 State Funds $289,555 State General Funds $289,555 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $279,403 $451,125 Annualize the cost of the FY2006 salary adjustment. $2,247 $2,247 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $2,960 $2,960 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $4,256 $4,256 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $689 $689 Amount appropriated in this Act $289,555 $461,277 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 $3,505,754 State Funds $3,505,754 State General Funds $3,505,754 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,831,884 $3,831,884 Annualize the cost of the FY2006 salary adjustment. $15,879 $15,879 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $19,952 $19,952 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $28,683 $28,683 2540 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the Workers' Compensation premiums. Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. Transfer the Signature Community Program funds of $250,000 from the Coordinated Planning program to the Regional Services program. Reduce annual contracts to the 16 Regional Development Centers. Provide 2 time-limited positions and funding to support the development of a strategy for sound economic development and conservation for Georgia's coastal region by DCA's Coastal Comprehensive Plan Advisory Committee. Transfer one position from Coordinated Planning to Administration. Amount appropriated in this Act $4,648 ($51,508) ($250,000) ($233,045) $300,000 ($160,739) $3,505,754 $4,648 ($51,508) ($250,000) ($233,045) $300,000 ($160,739) $3,505,754 Environmental Education and Assistance This program provides technical assistance, resource tools, and public education outreach resources. Total Funds $998,853 State Funds $998,853 State General Funds $998,853 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $973,896 $973,896 Annualize the cost of the FY2006 salary adjustment. $5,968 $5,968 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $7,874 $7,874 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $11,320 $11,320 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,834 $1,834 WEDNESDAY, MARCH 8, 2006 2541 Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. Amount appropriated in this Act ($2,039) ($2,039) $998,853 $998,853 Federal Community & 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 $38,745,691 Federal and Other Funds $36,985,354 Federal Funds Not specifically Identified $36,985,354 State Funds $1,760,337 State General Funds $1,760,337 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,608,212 $38,593,566 Annualize the cost of the FY2006 salary adjustment. $10,962 $10,962 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $15,862 $15,862 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $22,803 $22,803 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $3,695 $3,695 Provide additional funding for the Hands on Georgia contract for community challenge grants. $100,000 $100,000 Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. ($1,197) ($1,197) Amount appropriated in this Act $1,760,337 $38,745,691 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 2542 JOURNAL OF THE HOUSE Federal and Other Funds Agency Funds $4,014,155 $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. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,881,066 $3,881,066 Total of Projects Associated with this Program $0 $0 Eliminate one-time funding for local assistance grants. ($3,881,066) ($3,881,066) Amount appropriated in this Act $0 $0 Payments to 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. Agency Funds $1,172,459 Other Funds ($1,172,459) The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,032,892 $4,205,351 Change the name "Payments to the State Housing Trust Fund" program back to its original name: "Special Housing Initiatives". ($3,032,892) ($4,205,351) Amount appropriated in this Act $0 $0 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 $7,115,934 State Funds $7,115,934 State General Funds $7,115,934 WEDNESDAY, MARCH 8, 2006 2543 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,096,517 $3,096,517 Annualize the cost of the FY2006 salary adjustment. $13,371 $13,371 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $17,661 $17,661 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $25,390 $25,390 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,114 $4,114 Increase the number of Signature Community grantees from 5 to 7 to assist additional local governments in implementing their comprehensive plan initiatives. $100,000 $100,000 Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. ($1,627) ($1,627) Transfer the Signature Community Program funds of $250,000 from the Coordinated Planning program to the Regional Services program. $250,000 $250,000 Add 1 position and travel expenses to implement economic development strategies in rural Georgia. $110,508 $110,508 Enhance funds for the Local Development Fund from $3,500,000 $3,500,000 $1.5 million to $5 million. Amount appropriated in this Act $7,115,934 $7,115,934 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 Federal and Other Funds $59,543,386 Federal Funds Not specifically Identified $56,546,807 Agency Funds $2,996,579 State Funds $3,287,829 State General Funds $3,287,829 2544 JOURNAL OF THE HOUSE 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 $651,130 State Funds $651,130 State General Funds $651,130 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $667,698 $667,698 Annualize the cost of the FY2006 salary adjustment. $5,125 $5,125 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $6,292 $6,292 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $9,045 $9,045 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,466 $1,466 Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. ($38,496) ($38,496) Amount appropriated in this Act $651,130 $651,130 Special Housing Initiatives The purpose is to provide funds for Special Housing Initiatives. Total Funds $4,505,351 Federal and Other Funds $1,172,459 Other Funds $1,172,459 State Funds $3,332,892 State General Funds $3,332,892 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Change the name "Payments to the State Housing Trust Fund" program back to its original name: "Special Housing Initiatives". $3,032,892 $4,205,351 WEDNESDAY, MARCH 8, 2006 2545 Provide grants for accessibility improvements at owner-occupied homes in which an individual with a physical disability resides. Amount appropriated in this Act $300,000 $300,000 $3,332,892 $4,505,351 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 $1,232,550 State Funds $1,232,550 State General Funds $1,232,550 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,190,051 $1,190,051 Annualize the cost of the FY2006 salary adjustment. $9,512 $9,512 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $12,556 $12,556 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $18,048 $18,048 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,925 $2,925 Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. ($542) ($542) Amount appropriated in this Act $1,232,550 $1,232,550 State Economic Development Program To facilitate and stimulate economic activity, private investment, and job creation by various means including making loans and grants. Total Funds $13,290,911 Federal and Other Funds $11,887 Federal Funds Not specifically Identified $11,887 State Funds $13,279,024 State General Funds $13,279,024 2546 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,201,762 $4,213,649 Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. ($182) ($182) Provide an enhancement to the State Economic Development program for critical economic development projects. $3,000,000 $3,000,000 Provide funding to expand the Life Sciences Facilities Fund for investment in entrepreneur-led startup businesses to promote job growth in Georgia's bioscience industry. $5,000,000 $5,000,000 Add 1 economic development program manager position to work with state agency partners on life sciences and strategic industries loans. $77,444 $77,444 Provide funding to the Georgia Cities Foundation. $1,000,000 $1,000,000 Amount appropriated in this Act $13,279,024 $13,290,911 The following appropriations are for agencies attached for administrative purposes. Payments to Georgia Environmental Facilities Authority The purpose is to provide funds for the Georgia Rural Water Association and the Infrastructure Grant Total Funds $6,537,917 Federal and Other Funds $2,135 Other Funds $2,135 State Funds $6,535,782 State General Funds $6,535,782 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $700,000 $700,000 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $2,135 WEDNESDAY, MARCH 8, 2006 2547 Provide required match funds for the State Energy program. $200,000 Provide 1.5 positions and funding to develop the state's energy management capability to reduce cost and usage of energy through improved procurement strategies, data collection and efficient consumption strategies. $500,000 Provide annual State of Georgia dues to the Southern States Energy Board. $35,782 Provide grant funds for local governments in the Governor's Land Conservation program. $5,000,000 Provide additional contract funds to the Georgia Rural $100,000 Water Association. Amount appropriated in this Act $6,535,782 $200,000 $500,000 $35,782 $5,000,000 $100,000 $6,537,917 Payments to Georgia Regional Transportation Authority The purpose is to improve Georgia's mobility, air quality, and land use practices. Total Funds $4,570,617 State Funds $4,570,617 State General Funds $4,570,617 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,360,581 $4,360,581 Annualize the cost of the FY2006 salary adjustment. $33,417 $33,417 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $35,154 $35,154 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $50,537 $50,537 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $3,717 $3,717 Decrease personal services funding in the Mitigation/Land Use Planning program to reflect the transfer of a position to the Transportation Project Planning program. ($2,897) ($2,897) Provide funding for 1 position in the Transit Implementation program to coordinate transit services and policy. $90,108 $90,108 2548 JOURNAL OF THE HOUSE Amount appropriated in this Act $4,570,617 $4,570,617 Payments to OneGeorgia Authority The purpose is to provide funds for the OneGeorgia Authority. Total Funds Federal and Other Funds Other Funds State Funds Tobacco Funds $47,385,364 $262,031 $262,031 $47,123,333 $47,123,333 Section 17: Community Health, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds Medical Assistance Program Indigent Care Trust Fund - Public Hospital Authorities State Children's Insurance Program State Funds Tobacco Funds State Motor Fuel State General Funds Intra-State Government Transfers Health Insurance Payments Medicaid Services Payments - Other Agencies Other Fund Sources $10,420,389,581 $5,292,703,107 $0 $2,532,160 $172,869,021 $4,768,107,963 $158,537,322 $190,656,641 $2,376,711,666 $55,944,361 $0 $2,320,767,305 $2,750,974,808 $2,418,674,325 $332,300,483 $0 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. WEDNESDAY, MARCH 8, 2006 2549 Administration To provide administrative support to all departmental programs. Total Funds $337,474,942 Federal and Other Funds $255,432,480 Agency Funds $232,160 Other Funds $14,130,000 Medical Assistance Program $232,918,218 State Children's Insurance Program $8,152,102 State Funds $62,802,199 State General Funds $62,802,199 Intra-State Government Transfers $19,240,263 Health Insurance Payments $19,240,263 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $62,221,212 $308,047,110 Annualize the cost of the FY2006 salary adjustment. $118,261 $299,887 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $99,248 $288,976 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $157,806 $297,747 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $10,684 $22,354 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $194,988 $258,868 Fund the following contract costs. a) Enrollment Broker for Georgia Healthy Families (GHF) (Total Funds: $16,920,000; State Funds: $8,460,000) b) DHR contract Right from the Start Medicaid (RSM) (Total Funds: $7,600,000; State Funds: $3,800,000) c) Eligibility Review contract (Total Funds: $3,740,000; State Funds: $1,870,000) $14,130,000 $28,260,000 2550 JOURNAL OF THE HOUSE Use savings generated from Medicaid efficiencies (Medicaid Benefit Prior Reserves) to fully fund additional contract needs. Properly align fund sources. Amount appropriated in this Act ($14,130,000) $0 $0 $0 $62,802,199 $337,474,942 Health Care Access and Improvement To improve the health, wellness and access to healthcare for Georgians. Total Funds $8,649,455 Federal and Other Funds $649,838 Agency Funds $100,000 Medical Assistance Program $549,838 State Funds $7,999,617 State General Funds $7,999,617 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,786,551 $6,436,389 Annualize the cost of the FY2006 salary adjustment. $18,567 $18,567 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,050 $1,050 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $14,656 $14,656 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $28,793 $28,793 Properly align fund sources. $0 $0 Provide funds for the Cancer Research and Education Facility in Savannah. $500,000 $500,000 Provide funds to upgrade the cancer treatment center at Oconee Medical Center. $150,000 $150,000 Provide one-time funding to the Georgia Association for Primary Health Care to establish a statewide EMR system to link the federally qualified Community Health Centers. $1,500,000 $1,500,000 Amount appropriated in this Act $7,999,617 $8,649,455 WEDNESDAY, MARCH 8, 2006 2551 Indigent Care Trust Fund To support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. Total Funds $798,966,715 Federal and Other Funds $649,716,080 Agency Funds $2,200,000 Medical Assistance Program $488,978,758 Indigent Care Trust Fund - Public Hospital Authorities $158,537,322 State Funds $149,250,635 State General Funds $149,250,635 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $368,267,504 Support the operation of Hughes Spalding Children's Hospital. $3,750,000 $3,750,000 Provide funds to replace Disproportionate Share Hospital payments used for Right from the Start Medicaid eligibility services performed by the Department of Human Resources. $0 ($7,600,000) Appropriate Quality Assessment fee revenues to support care management. $145,500,635 $377,825,591 Replace Indigent Care Trust Funds for Right from the Start Medicaid services for pregnant women and children. $0 ($57,128,020) Adjust funding to reflect projected by Disproportionate Share Hospitals for uncompensated services to medically indigent Georgians. $0 $108,138,838 Reflect projected revenue from ambulance fees used to make payments to ambulance Providers in the Medicaid Program. $0 $5,712,802 Properly align fund sources. $0 $0 Amount appropriated in this Act $149,250,635 $798,966,715 Aged, Blind, and Disabled Medicaid To improve healthcare access primarily to elderly and disabled individuals. Total Funds $3,839,729,130 2552 JOURNAL OF THE HOUSE Federal and Other Funds $2,598,349,799 Other Funds $79,645,233 Medical Assistance Program $2,518,704,566 State Funds $942,626,459 State General Funds $942,626,459 Intra-State Government Transfers $298,752,872 Medicaid Services Payments - Other Agencies $298,752,872 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $897,259,297 $3,586,371,934 Replace Tobacco Funds with State Funds to support $0 $0 Independent Care Waiver Slots. Fund a monthly supplement of $20 to be used by nursing home residents who receive Supplemental Security Income to purchase personal items such as shampoo and toothpaste. $3,174,962 $3,174,962 Update nursing home reimbursement rates to the FY 2004 cost reports. $20,030,472 $52,013,690 Reduce Medicaid costs generated in the Aged, Blind and Disabled populations through the provision of better business practices to ensure that the member receives the right services, at the right time and the right cost. ($24,847,200) ($64,521,423) Fund the projected growth in Medicaid Benefits. $109,006,575 $357,396,500 Provide funds to replace Upper Payment Limit funds for Medicaid Benefit services. $90,000,000 ($1,726,671) Reduce Medicaid Benefit costs by eliminating selfdeclaration of income and implementing a centralized third-party verification of income and assets for both enrollment and re-enrollment. ($6,843,750) ($17,771,358) Reflect an increase in the Federal Funds participation rate. ($36,545,869) $0 Perform voluntary interim hospital cost settlements based on "as-filed" cost reports to recover funds from provider over-payment. ($32,249,752) ($83,743,837) Realize savings from Medicaid efficiencies ($79,645,233) $0 (Medicaid Benefit Prior Year Reserves). WEDNESDAY, MARCH 8, 2006 2553 Additional cost associated with savings estimates for FY 2006 budget cuts that will not be realized for Disease Management, Emergency Room Pilot Expansion and the transfer of nursing home residents to the SOURCE program. (State Funds: $6,150,348) (Total Funds: $15,594,188) Properly align fund sources. Add 152 new slots to the Independent Care Waiver Program (ICWP) for Disabilities and Traumatic Brain Injuries. Amount appropriated in this Act $0 $0 $0 $3,286,957 $0 $8,535,333 $942,626,459 $3,839,729,130 Low-Income Medicaid To improve healthcare access primarily to low-income individuals. Total Funds $2,496,635,065 Federal and Other Funds $1,459,529,619 Other Funds $79,093,788 Medical Assistance Program $1,380,435,831 State Funds $1,003,557,835 Tobacco Funds $50,973,656 State General Funds $952,584,179 Intra-State Government Transfers $33,547,611 Medicaid Services Payments - Other Agencies $33,547,611 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,085,234,722 $2,631,014,671 Transfer State Funds from the Department of $17,910,517 $0 Human Resources Community Services Adult program to the Department of Community Health Low-Income Medicaid program to implement Georgia Healthy Families which serves Medicaid clients who receive mental health services. Provide funds to replace Indigent Care Trust Funds for Right from the Start Medicaid services for pregnant women and children. $22,000,000 $57,128,019 2554 JOURNAL OF THE HOUSE Fund the cost to move from a cash basis to an accrual basis budget in order to make capitation payments to Care Management Organization (CMO) providers. $102,514,604 $266,202,555 Fund Medicaid costs associated with the expansion of the newborn screening program administered by the Department of Human Resources. $998,384 $2,592,532 Fund the projected growth in Medicaid Benefits. $112,156,676 $291,164,787 Provide funds to replace Upper Payment Limit $55,243,078 $0 funds for Medicaid Benefit services. Reduce Medicaid Benefit costs by eliminating selfdeclaration of income and implementing a centralized third-party verification of income and assets for both enrollment and re-enrollment. ($20,531,250) ($53,314,074) Realize savings from Medicaid efficiencies ($79,093,788) $0 (Medicaid Benefit Prior Year Reserves). Reflect an increase in the Federal Funds participation rate. ($24,016,224) $0 Reflect savings from CMO implementation. ($78,459,736) ($203,738,603) Perform voluntary interim hospital cost settlements based on "as-filed" cost reports to recover funds from provider over-payment. ($48,245,103) ($125,279,415) Reflect savings from Medicaid efficiencies (Care ($145,500,635) ($377,825,591) Management Quality Assessment Fee). Properly align fund sources. $0 $0 Provide dental coverage for pregnant women, limited to these codes: 0120, 0150, 0180, 1204, 0110, 2330 - 2332, 2140, 2150, 2160, 2161, 2335, 2391 - 2394, 4241, 4910, 4341, 4342, 7286, 9110, and 9215. $2,500,000 $6,491,820 Increase reimbursement rate for Health Checks for Children ages 0 to 8. $1,000,000 $2,596,728 Reduce funds for the newborn screening due to the CMO delay. ($500,000) ($1,298,364) Increase the reimbursement rate to $62.53 for Speech Therapy Visits, Code 92507. $346,590 $900,000 Amount appropriated in this Act $1,003,557,835 $2,496,635,065 WEDNESDAY, MARCH 8, 2006 2555 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 $245,807,928 Federal and Other Funds $146,520,752 Medical Assistance Program $146,520,752 State Funds $99,287,176 State General Funds $99,287,176 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $100,229,284 $248,196,640 Reflect projected nursing home provider fee revenue. ($942,108) ($2,388,712) Update nursing home reimbursement rates to the FY 2005 cost reports using 5.83% growth allowance from increasing nursing home provider fee from $9.15 to $12.74. $0 $0 To increase reimbursement rates to nursing homes to reflect the Medicaid share of the additional provider fee costs. $0 $0 Amount appropriated in this Act $99,287,176 $245,807,928 PeachCare To improve access to healthcare for qualified low-income Georgia families. Total Funds $249,664,212 Federal and Other Funds $182,504,539 State Children's Insurance Program $182,504,539 State Funds $67,159,673 Tobacco Funds $4,970,705 State General Funds $62,188,968 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $67,159,673 $241,496,714 2556 JOURNAL OF THE HOUSE Reflect an increase in the Federal Funds participation $0 rate. Restore the dental codes cut in the fiscal year 2006 $0 budget in the PeachCare dental budget using funds already included in the CMO rates as members move into risk-based managed care. Amount appropriated in this Act $67,159,673 $8,167,498 $0 $249,664,212 State Health Benefit Plan To provide a healthcare benefit that is competitive with other commercial benefit plans in quality of care, access to providers and efficient management of provider fees and utilization. It is the intent of this General Assembly that the employer contribution rate for the teachers' and state employees' health benefit plan for calendar year 2006 shall not exceed 16.713%. Total Funds $2,399,434,062 Intra-State Government Transfers $2,399,434,062 Health Insurance Payments $2,399,434,062 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $1,959,882,468 Reflect projected revenue from increasing the State Health Benefit Plan Employer Premium in FY 2007. $0 $206,991,162 Reflect an adjustment in Other Funds to comply with program budgeting. $0 $244,560,432 The Department of Community Health and Board of Regents shall offer a Health Reimbursement Arrangement (HRA) for every SHBP participant and fund a Health Incentive Account (HIA) that rewards changed behaviors of plan participants that have demonstrated savings. $0 ($2,500,000) Remove prior approval for Omeprazole OTC as the only PPI paid for in the SHBP and Board of Regents Plan. $0 ($9,500,000) Amount appropriated in this Act $0 $2,399,434,062 The following appropriations are for agencies attached for administrative purposes. WEDNESDAY, MARCH 8, 2006 2557 Composite Board of Medical Examiners To protect the public's health by ensuring healthcare practitioners are qualified to practice in the State of Georgia. Total Funds $2,202,555 State Funds $2,202,555 State General Funds $2,202,555 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,135,705 $2,135,705 Annualize the cost of the FY2006 salary adjustment. $17,115 $17,115 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $15,693 $15,693 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $30,446 $30,446 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,596 $1,596 Reduce funding for telecommunications. ($3,000) ($3,000) Fund 20 additional peer reviews annually in order to respond to consumer complaints related to physician care. $5,000 $5,000 Amount appropriated in this Act $2,202,555 $2,202,555 Georgia Board for Physician Workforce, Administration To provide administrative support to all agency programs. Total Funds $559,455 State Funds $559,455 State General Funds $559,455 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $533,241 $533,241 Annualize the cost of the FY2006 salary adjustment. $5,747 $5,747 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $13,261 $13,261 2558 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the Workers' Compensation premiums. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Amount appropriated in this Act $359 $6,847 $359 $6,847 $559,455 $559,455 Georgia Board for Physician Workforce, Graduate Medical Education To address the physician workforce needs of Georgia communities through the support and development of medical education programs. Total Funds $6,770,115 State Funds $6,770,115 State General Funds $6,770,115 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,501,965 $6,501,965 Provide funds for two additional slots in the Pediatric Residency Program at the Medical Center of Central Georgia. $36,579 $36,579 Fund a 4% increase in the capitation rates for the Family Practice Residency program ($159,280) and Pediatrics Residency program ($72,291). $231,571 $231,571 Amount appropriated in this Act $6,770,115 $6,770,115 Georgia Board for Physician Workforce, Mercer School of Medicine The Mercer University School of Medicine Program of the GBPW helps ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with Mercer University School of Medicine. Total Funds $18,960,862 State Funds $18,960,862 State General Funds $18,960,862 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $17,960,862 $17,960,862 Increase operating grant. $1,000,000 $1,000,000 Amount appropriated in this Act $18,960,862 $18,960,862 WEDNESDAY, MARCH 8, 2006 2559 Georgia Board for Physician Workforce, Morehouse School of Medicine The Morehouse School of Medicine Program of the GBPW helps ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with Morehouse School of Medicine. Total Funds $10,547,293 State Funds $10,547,293 State General Funds $10,547,293 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $10,141,628 $10,141,628 Increase operating grant. $405,665 $405,665 Amount appropriated in this Act $10,547,293 $10,547,293 Georgia Board for Physician Workforce, Undergraduate Medical Education To ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with certain private medical schools in Georgia. Total Funds $3,575,076 State Funds $3,575,076 State General Funds $3,575,076 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,428,706 $3,428,706 Fund a 4% increase in the capitation rates for the Georgia Medical Student program. $146,370 $146,370 Amount appropriated in this Act $3,575,076 $3,575,076 State Medical Education Board To ensure an adequate supply of physicians in rural areas of the state; and to provide a program of aid to promising medical students. Total Funds $1,412,716 State Funds $1,412,716 State General Funds $1,412,716 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 2560 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase the contract ($15,000) with the Georgia Student Finance Commission for monitoring of outstanding loan repayment collections; increase funding for the Medical Fair ($20,000); and provide additional funds ($15,000) for physicians seeking to practice in rural Georgia by assisting with medical debt payments. Amount appropriated in this Act State Funds $1,352,788 $2,608 $3,872 $172 $3,276 $50,000 $1,412,716 Total Funds $1,352,788 $2,608 $3,872 $172 $3,276 $50,000 $1,412,716 Section 18: Corrections, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments Other Fund Sources Indirect DOAS Funding $1,019,904,206 $27,052,112 $6,448,312 $21,256,350 ($652,550) $992,852,094 $992,852,094 $0 $0 $0 $0 Administration To protect and serve the citizens of Georgia by providing an effective and efficient department that administers a balanced correctional system. Total Funds $55,848,116 Federal and Other Funds $1,836,000 Federal Funds Not specifically Identified $1,836,000 WEDNESDAY, MARCH 8, 2006 2561 State Funds $54,012,116 State General Funds $54,012,116 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $53,012,017 $54,848,017 Annualize the cost of the FY2006 salary adjustment. $257,660 $257,660 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $444,366 $444,366 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $193,062 $193,062 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $567,864 $567,864 Increase funds to reflect an adjustment in the Workers' $104,921 Compensation premiums. $104,921 Transfer funds from closing a Probation Detention Center to Inmate Release Funds ($150,000), fuel storage tank maintenance ($220,000) and food services ($1,060,905). $220,000 $220,000 Realign Personal Services to more accurately reflect projected program expenditures. $2,513,950 $2,513,950 Transfer 1 position to the Georgia Peace Officer Standards and Training Council. ($43,499) ($43,499) Provide additional funding to reflect annualized cost of 4 Day Reporting Centers opened in FY 2006. $0 $0 Provide additional funding to reflect annualized cost of the Special Education program. $12,528 $12,528 Realign contract funds to more accurately reflect projected program expenditures. ($214,569) ($214,569) Eliminate special education program startup funds. ($6,300) ($6,300) Eliminate the Bar Association Support to Improve Correctional Services (BASICS) program. ($100,000) ($100,000) Reduce Administration Program by 13%. ($7,405,060) ($7,405,060) Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement position(s): Correctional Officer, Probation Officer 1, and $4,455,176 $4,455,176 2562 JOURNAL OF THE HOUSE Probation Officer 2. Amount appropriated in this Act $54,012,116 $55,848,116 Bainbridge PSATC To provide a sanctioning option for probationers who require more security and supervision than provided by regular community supervision. Total Funds $4,718,134 Federal and Other Funds $27,789 Federal Funds Not specifically Identified $20,743 Agency Funds $7,046 State Funds $4,690,345 State General Funds $4,690,345 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,226,673 $3,254,462 Annualize the cost of the FY2006 salary adjustment. $23,298 $23,298 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $30,549 $30,549 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $39,040 $39,040 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $6,226 $6,226 Realign Personal Services to more accurately reflect projected program expenditures. ($51,930) ($51,930) Provide start-up funding ($797,339) and 3 months operating ($770,106) for the Bainbridge Probation Substance Abuse Treatment Center's 192 bed expansion. $1,389,359 $1,389,359 Realign contract funds to more accurately reflect projected program expenditures. $27,130 $27,130 Amount appropriated in this Act $4,690,345 $4,718,134 Compensation per General Assembly Resolutions To fund HR108 of the 2005 session. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: WEDNESDAY, MARCH 8, 2006 2563 Amount from prior Appropriation Act (HB 85) Remove Inmate Compensation funds originally appropriated in FY2006 in accordance with House Resolution 108. Amount appropriated in this Act State Funds Total Funds $512,377 $512,377 ($512,377) ($512,377) $0 $0 Food and Farm Operations To raise crops and livestock, and produce dairy items used in preparing meals for offenders. Total Funds $13,711,370 Federal and Other Funds $67,000 Federal Funds Not specifically Identified $22,000 Agency Funds $194,725 Other Funds ($149,725) State Funds $13,644,370 State General Funds $13,644,370 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $12,407,740 $12,624,465 Annualize the cost of the FY2006 salary adjustment. $44,604 $44,604 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $65,256 $65,256 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $83,392 $83,392 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $24,150 $24,150 Transfer funds from closing a Probation Detention Center to Inmate Release Funds ($150,000), fuel storage tank maintenance ($220,000) and food services ($1,060,905). $1,060,905 $1,060,905 Realign Personal Services to more accurately reflect projected program expenditures. ($41,677) ($41,677) Reflect loss of other funds due to reduced participation in employee meal program. $0 ($149,725) Amount appropriated in this Act $13,644,370 $13,711,370 2564 JOURNAL OF THE HOUSE Health 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 $186,155,836 Federal and Other Funds $8,464,209 Agency Funds $8,464,209 State Funds $177,691,627 State General Funds $177,691,627 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $151,543,143 $160,007,352 Annualize the cost of the FY2006 salary adjustment. $155,401 $155,401 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $183,267 $183,267 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $234,201 $234,201 Increase funds to reflect an adjustment in the Workers' $306,085 Compensation premiums. $306,085 Provide start-up ($754,464) and 2 months of operating funds ($427,924) for a 192 bed expansion at Calhoun State Prison to reduce county jail backlogs and meet increased capacity needs. $134,359 $134,359 Provide start-up funding ($797,339) and 3 months operating ($770,106) for the Bainbridge Probation Substance Abuse Treatment Center's 192 bed expansion. $178,086 $178,086 Realign Personal Services to more accurately reflect projected program expenditures. ($402,267) ($402,267) Provide operating funds for 768 beds at 4 vacant Probation Detention Centers to be operated as State Prison units to reduce county jail backlogs and meet increased capacity needs. $3,010,233 $3,010,233 Provide operating funds for 918 additional inmate beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. $3,595,500 $3,595,500 WEDNESDAY, MARCH 8, 2006 2565 Provide start-up ($1,642,319) and 5 months of operating funds ($2,595,608) for a 525 bed expansion at Johnson State Prison to reduce county jail backlogs and meet increased capacity needs. $883,973 $883,973 Provide increased funding for inmate mental health care ($630,101), dental health care ($63,634) and county correctional institutions' health care ($115,053). $808,788 $808,788 Provide operating funds for 1,348 temporary inmate beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. $5,279,374 $5,279,374 Provide additional funding for Health Services Purchases. $10,281,484 $10,281,484 Provide additional funding to adequately staff inmate health services. $0 $0 Provide funding for Hepatitis B immunization. $1,500,000 $1,500,000 Amount appropriated in this Act $177,691,627 $186,155,836 Jail Subsidy To reimburse counties for the costs of incarcerating state prisoners in their local facilities. Total Funds $4,798,492 State Funds $4,798,492 State General Funds $4,798,492 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,653,491 $12,154,999 Reduce funding for County Subsidy for Jails to reflect ($4,854,999) ($4,854,999) reduction in county jail backlog. Reflect loss of federal funds from State Criminal Alien Assistance Program (SCAAP). $0 ($2,501,508) Amount appropriated in this Act $4,798,492 $4,798,492 Offender Management To provide cost effective correctional services that ensures public safety. Total Funds $44,393,248 State Funds $44,393,248 2566 JOURNAL OF THE HOUSE State General Funds $44,393,248 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $44,118,606 $44,118,606 Annualize the cost of the FY2006 salary adjustment. $36,266 $36,266 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $47,709 $47,709 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $60,969 $60,969 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $84,396 $84,396 Transfer funds from closing a Probation Detention Center to Inmate Release Funds ($150,000), fuel storage tank maintenance ($220,000) and food services ($1,060,905). $150,000 $150,000 Realign Personal Services to more accurately reflect projected program expenditures. ($104,698) ($104,698) Amount appropriated in this Act $44,393,248 $44,393,248 Parole Revocation Centers To provide a sanction for parole violations. Total Funds $4,035,906 Federal and Other Funds $59,648 Federal Funds Not specifically Identified $10,510 Agency Funds $49,138 State Funds $3,976,258 State General Funds $3,976,258 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,835,308 $3,894,956 Annualize the cost of the FY2006 salary adjustment. $34,514 $34,514 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $44,704 $44,704 WEDNESDAY, MARCH 8, 2006 2567 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Realign Personal Services to more accurately reflect projected program expenditures. Amount appropriated in this Act $57,128 $7,451 ($2,847) $3,976,258 $57,128 $7,451 ($2,847) $4,035,906 Private Prisons To provide a cost effective correctional service that ensures public safety. Total Funds $76,785,722 State Funds $76,785,722 State General Funds $76,785,722 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $72,518,200 $72,518,200 Provide for a 3.5% CPI increase in the per diem rate $4,267,522 $4,267,522 for contracted prison beds and 470 additional inmates. Amount appropriated in this Act $76,785,722 $76,785,722 Detention Centers To provide a sanctioning option for probationers who require more security or supervision than provided by the regular community supervision or a diversion center. Total Funds $41,643,761 Federal and Other Funds $2,215,557 Federal Funds Not specifically Identified $1,387,151 Agency Funds $1,136,399 Other Funds ($307,993) State Funds $39,428,204 State General Funds $39,428,204 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $43,455,859 $47,166,724 2568 JOURNAL OF THE HOUSE Annualize the cost of the FY2006 salary adjustment. $339,660 $339,660 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $507,875 $507,875 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $649,025 $702,741 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $90,227 $90,227 Reflect loss of federal funds from State Criminal Alien Assistance Program (SCAAP). $0 ($1,140,301) Redistribute funds from conversion of a Probation Detention Center to a State Prison Unit. ($2,010,646) ($2,062,294) Redirect funding from the closing of a Probation ($2,195,670) ($2,233,546) Detention Center (PDC) on July 2006. Redirect the funding to provide funds primarily for inmate releases, Non-fat dry milk requirements and fuel storage tanks fees. Redistribute funds from closing a Probation Detention ($1,943,378) ($2,262,577) Center to open Long Inmate Boot Camp attached to Smith State Prison. Realign Personal Services to more accurately reflect projected program expenditures. $535,252 $535,252 Amount appropriated in this Act $39,428,204 $41,643,761 Probation Diversion Centers 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 $14,755,843 Federal and Other Funds $2,812,861 Agency Funds $3,188,692 Other Funds ($375,831) State Funds $11,942,982 State General Funds $11,942,982 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $12,784,156 $16,172,848 Annualize the cost of the FY2006 salary adjustment. $150,226 $150,226 WEDNESDAY, MARCH 8, 2006 2569 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $154,989 $154,989 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $198,063 $251,779 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $30,938 $30,938 Redistribute funds from conversion of 2 Probation Diversion Centers to Transition Centers. ($1,624,714) ($2,054,261) Reflect loss of federal funds from State Criminal Alien Assistance Program (SCAAP). $0 ($200,000) Realign Personal Services to more accurately reflect projected program expenditures. $249,324 $249,324 Amount appropriated in this Act $11,942,982 $14,755,843 Probation Supervision To supervise probationers. Total Funds $71,369,389 State Funds $71,369,389 State General Funds $71,369,389 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $68,632,697 $68,632,697 Annualize the cost of the FY2006 salary adjustment. $542,619 $542,619 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $871,984 $871,984 Increase funds to reflect an adjustment in the employer $1,114,327 $1,114,327 share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' $131,290 Compensation premiums. $131,290 Provide state operating funds for the Griffin Day Reporting Center to replace inmate telephone commission funds no longer available. $0 $0 Realign Personal Services to more accurately reflect projected program expenditures. ($122,728) ($122,728) 2570 JOURNAL OF THE HOUSE Provide additional funding to reflect annualized cost of $0 $0 4 Day Reporting Centers opened in FY 2006. Provide funding to replace outdated ballistic vests used $199,200 $199,200 for Probation and Surveillance Officers. Amount appropriated in this Act $71,369,389 $71,369,389 State Prisons To house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment. Total Funds $477,965,962 Federal and Other Funds $11,569,048 Federal Funds Not specifically Identified $3,171,908 Agency Funds $8,216,141 Other Funds $180,999 State Funds $466,396,914 State General Funds $466,396,914 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $431,214,343 $442,582,200 Annualize the cost of the FY2006 salary adjustment. $3,648,991 $3,648,991 Provide for a salary increase in FY 2007 of up to 4% $5,116,336 $5,116,336 effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $6,538,276 $6,699,425 Increase funds to reflect an adjustment in the Workers' $846,634 Compensation premiums. $886,676 Redistribute funds from conversion of a Probation Detention Center to a State Prison Unit. $2,046,575 $2,046,575 Reflect loss of federal funds for purchase of dry milk powder and milk replacement products needed to feed inmates. $416,759 $416,759 Realign Personal Services to more accurately reflect ($2,620,028) ($2,620,028) projected program expenditures. Redistribute funds from closing a Probation Detention Center to open Long Inmate Boot Camp attached to Smith State Prison. $1,668,724 $1,668,724 WEDNESDAY, MARCH 8, 2006 2571 Provide start-up ($1,642,319) and 5 months of operating funds ($2,595,608) for a 525 bed expansion at Johnson State Prison to reduce county jail backlogs and meet increased capacity needs. $3,353,954 $3,353,954 Provide start-up ($754,464) and 2 months of operating funds ($427,924) for a 192 bed expansion at Calhoun State Prison to reduce county jail backlogs and meet increased capacity needs. $1,048,028 $1,048,028 Realign contract funds to more accurately reflect projected program expenditures. $187,439 $187,439 Provide operating funds for 1,348 temporary inmate beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. $898,509 $898,509 Provide operating funds for 768 beds at 4 vacant Probation Detention Centers to be operated as State Prison units to reduce county jail backlogs and meet increased capacity needs. $8,890,699 $8,890,699 Provide operating funds for 918 additional inmate beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. $2,320,276 $2,320,276 Provide additional funding to reflect annualized cost of the Special Education program. $279,201 $279,201 Eliminate special education program startup funds. ($205,802) ($205,802) To provide funds to the Wilcox State Prison to purchase a generator, a transfer switch and installation. $48,000 $48,000 To provide funds for door and window frame replacements at multiple locations and to fund security hardening at Washington State prison. (Transferred from Bonds) $700,000 $700,000 Amount appropriated in this Act $466,396,914 $477,965,962 Transition Centers 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 $23,722,427 State Funds $23,722,427 State General Funds $23,722,427 2572 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $20,313,455 $20,313,455 Annualize the cost of the FY2006 salary adjustment. $145,219 $145,219 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $223,931 $223,931 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $286,166 $286,166 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $38,858 $38,858 Redistribute funds from conversion of 2 Probation Diversion Centers to Transition Centers. $2,628,204 $2,628,204 Provide operating funds for 1,348 temporary inmate beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. $38,945 $38,945 Realign Personal Services to more accurately reflect projected program expenditures. $47,649 $47,649 Amount appropriated in this Act $23,722,427 $23,722,427 Section 19: Defense, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $48,134,028 $39,318,564 $36,826,199 $2,492,365 $0 $8,815,464 $8,815,464 $0 $0 Administration To provide administration to the organized militia in the State of Georgia. Total Funds $1,111,222 Federal and Other Funds $140,489 Federal Funds Not specifically Identified $140,489 State Funds $970,733 WEDNESDAY, MARCH 8, 2006 2573 State General Funds $970,733 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,275,222 $2,516,146 Annualize the cost of the FY2006 salary adjustment. $5,593 $6,732 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $7,901 $7,901 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $15,268 $52,485 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $6,274 $6,274 Redistribute $173,000 in State funds from Defense Administration to Civil Support ($148,000) and Facilities Management ($25,000). ($173,000) ($173,000) Transfer $1,166,525 from Administration to Military ($1,166,525) ($1,305,316) Readiness. Amount appropriated in this Act $970,733 $1,111,222 Civil Support To provide an all volunteer force to augment Georgia's organized militia, joint federal assistance and encourage educational opportunities. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,353,908 $9,024,617 Annualize the cost of the FY2006 salary adjustment. $0 $0 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $0 $0 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $0 Increase funds to reflect an adjustment in the Workers' $0 $0 Compensation premiums. Increase regular operating expenses ($44,353), $0 $0 telecommunications ($500), and per diem and fees ($23,470) to support the Georgia State Defense Force 2574 JOURNAL OF THE HOUSE program. Eliminate the Civil Support program within the Department of Defense. Transfer the Youth Challenge program and the Starbase program into a Youth Educational Services Program. Transfer the State Defense Force and Federal-State Joint Operations to the Military Readiness program. Redistribute $148,000 State funds from Defense Administration to Civil Support. Amount appropriated in this Act $0 $0 ($3,348,208) ($8,677,359) ($5,700) ($347,258) $0 $0 $0 $0 Facilities Management To provide and maintain administrative and training facilities for the Georgia Army National Guard and Air National Guard that enhance readiness and are aesthetically pleasing within the community. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,254,499 $34,630,871 Annualize the cost of the FY2006 salary adjustment. $0 $0 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $0 $0 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $0 Increase funds to reflect an adjustment in the Workers' $0 $0 Compensation premiums. Increase regular operating expenses to maintain $0 $0 additional facilities for the JSTARS unit at Robins Air Force Base. (Total funds: $400,000). Eliminate the Facilities Management program within the Department of Defense. $0 $0 Transfer the Facilities Management program to the Military Readiness program. ($2,254,499) ($34,630,871) Redistribute $25,000 State funds from Defense Administration to Facilities Management. $0 $0 Amount appropriated in this Act $0 $0 WEDNESDAY, MARCH 8, 2006 2575 Military Readiness To provide a trained and ready military land force and 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 $38,039,479 Federal and Other Funds $33,672,836 Federal Funds Not specifically Identified $31,180,471 Agency Funds $2,492,365 State Funds $4,366,643 State General Funds $4,366,643 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $475,776 $840,776 Annualize the cost of the FY2006 salary adjustment. $23,106 $101,745 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $31,770 $31,770 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $29,732 $102,208 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $12,212 $12,212 Transfer the Facilities Management program to the Military Readiness program. $2,254,499 $34,630,871 Transfer $1,166,525 from Administration to Military $1,166,525 $1,305,316 Readiness. Transfer the State Defense Force and Federal-State Joint Operations to the Military Readiness program. $5,700 $347,258 Increase regular operating expenses ($44,353), telecommunications ($500), and per diem and fees ($23,470) to support the Georgia State Defense Force program. $68,323 $68,323 Increase regular operating expenses to maintain additional facilities for the JSTARS unit at Robins Air Force Base. (Total funds: $400,000). $100,000 $400,000 Redistribute $173,000 in State funds from Defense Administration to Military Readiness. $173,000 $173,000 2576 JOURNAL OF THE HOUSE Provide funds for two publications: two editions of Georgia Guardsman and the annual publication of Airlift Chronicle. Amount appropriated in this Act $26,000 $26,000 $4,366,643 $38,039,479 Youth Educational Services To provide educational and vocational opportunities to at-risk youth in Georgia. Total Funds $8,983,327 Federal and Other Funds $5,505,239 Federal Funds Not specifically Identified $5,505,239 State Funds $3,478,088 State General Funds $3,478,088 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Annualize the cost of the FY2006 salary adjustment. $18,254 $47,433 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $26,600 $26,600 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $60,268 $207,177 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $24,758 $24,758 Create a Youth Educational Services program within the Department of Defense. $0 $0 Transfer the Youth Challenge program and the Starbase program into a Youth Services Program. $3,348,208 $8,677,359 Amount appropriated in this Act $3,478,088 $8,983,327 Section 20: Driver Services, Department of Total Funds Federal and Other Funds Other Funds State Funds State General Funds Intra-State Government Transfers $54,152,849 $721,456 $721,456 $53,431,393 $53,431,393 $0 WEDNESDAY, MARCH 8, 2006 2577 Other Fund Sources $0 Indirect DOAS Funding $0 Customer Service Support To administer License Issuance, Motor Vehicle Registration and Commercial Truck Compliance. Total Funds $8,777,916 Federal and Other Funds $857 Other Funds $857 State Funds $8,777,059 State General Funds $8,777,059 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,948,415 $4,948,415 Annualize the cost of the FY2006 salary adjustment. $36,331 $36,331 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $49,148 $49,148 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $85,715 $86,572 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $9,093 $9,093 Reduce operating expenses in the License Issuance ($79,677), Customer Service Support ($16,000), and Regulatory Compliance ($20,000) programs. ($16,000) ($16,000) Increase Customer Service Support ($3,664,357) and Regulatory Compliance ($1,162,400), and decrease License Issuance ($4,826,757) to establish the base budget for the Department of Driver Services. $3,664,357 $3,664,357 Amount appropriated in this Act $8,777,059 $8,777,916 License Issuance To issue Georgia drivers license renewals through alternative methods. Total Funds $40,595,531 Federal and Other Funds $205,251 Other Funds $205,251 2578 JOURNAL OF THE HOUSE State Funds $40,390,280 State General Funds $40,390,280 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $41,924,451 $42,124,451 Annualize the cost of the FY2006 salary adjustment. $185,642 $185,642 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $301,129 $301,129 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $525,173 $530,424 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $55,712 $55,712 Reduce operating expenses in the License Issuance ($79,677), Customer Service Support ($16,000), and Regulatory Compliance ($20,000) programs. ($79,677) ($79,677) Increase personal services by adding 35 examiner positions in the License Issuance program. $945,665 $945,665 Fund complimentary Photo Identification cards to qualifying individuals. $100,000 $100,000 Increase operating expenses to expand agency services available on the Internet. $358,942 $358,942 Increase Customer Service Support ($3,664,357) and Regulatory Compliance ($1,162,400), and decrease License Issuance ($4,826,757) to establish the base budget for the Department of Driver Services. ($4,826,757) ($4,826,757) Increase funds to provide for a new Blue Ridge Customer Service Center. $700,000 $700,000 Increase funds to renovate the Athens Customer Service Center. $200,000 $200,000 Amount appropriated in this Act $40,390,280 $40,595,531 Regulatory Compliance To enforce and administer state laws and regulations for mandated programs relating to driver safety and driver education for both novice and problem drivers. Total Funds $4,779,402 Federal and Other Funds $515,348 WEDNESDAY, MARCH 8, 2006 2579 Other Funds $515,348 State Funds $4,264,054 State General Funds $4,264,054 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $291,000 $806,075 Annualize the cost of the FY2006 salary adjustment. $28,497 $28,497 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $15,684 $15,684 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $27,353 $27,626 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,902 $2,902 Recognize additional revenues collected from fees to $2,756,218 $2,756,218 support driver's education (SB 226). Reduce operating expenses in the License Issuance ($79,677), Customer Service Support ($16,000), and Regulatory Compliance ($20,000) programs. ($20,000) ($20,000) Increase Customer Service Support ($3,664,357) and Regulatory Compliance ($1,162,400), and decrease License Issuance ($4,826,757) to establish the base budget for the Department of Driver Services. $1,162,400 $1,162,400 Provide additional funds for the Regulatory $0 $0 Compliance program for motorcycle safety education. Amount appropriated in this Act $4,264,054 $4,779,402 Section 21: Early Care and Learning, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds Lottery Funds State General Funds Intra-State Government Transfers $422,657,470 $116,647,824 $116,492,824 $0 $155,000 $306,009,646 $301,953,447 $4,056,199 $0 2580 JOURNAL OF THE HOUSE Other Intra-State Government Payments $0 Other Fund Sources $0 Child Care Services 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 $7,665,219 Federal and Other Funds $3,609,020 Federal Funds Not specifically Identified $3,454,020 Other Funds $155,000 State Funds $4,056,199 State General Funds $4,056,199 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,030,671 $7,620,926 Annualize the cost of the FY2006 salary adjustment. $35,981 $54,746 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $60,640 $60,640 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $58,141 $58,141 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $14,706 $14,706 Eliminate contract in the Child Care Services program. ($165,000) ($165,000) Provide funds in per diem and fees ($5,460) and travel ($15,600) in the Child Care Services program for a new Board of Directors for the Department of Early Care and Learning. $21,060 $21,060 Amount appropriated in this Act $4,056,199 $7,665,219 Nutrition To ensure that eligible children and adults receive USDA compliant meals. Total Funds $90,000,835 Federal and Other Funds $90,000,835 WEDNESDAY, MARCH 8, 2006 2581 Federal Funds Not specifically Identified $90,000,835 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $88,000,835 Adjust program budgets and object classes to reflect actual budgets. $0 $2,000,000 Amount appropriated in this Act $0 $90,000,835 Pre-Kindergarten Program To provide funding, training, technical assistance, and oversight of Pre-K programs operated by public and private providers throughout the state. Total Funds $302,621,270 Federal and Other Funds $667,823 Federal Funds Not specifically Identified $667,823 State Funds $301,953,447 Lottery Funds $301,953,447 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $290,081,308 $290,749,131 Annualize the cost of the FY2006 salary adjustment. $24,222 $24,222 Provide a 4% pay raise for Pre-K teachers effective September 1, 2006 and a 4% pay raise for lotteryfunded staff effective October 1, 2006. $5,965,254 $5,965,254 Expand the Work Sampling System Assessment statewide to improve the evaluation of Prekindergarten students' progress throughout the year. $816,898 $816,898 Increase Pre-Kindergarten grants to fund 1,000 additional slots, bringing total Pre-K enrollment to 75,000. $5,065,765 $5,065,765 Transfer $90,000 from contracts to personal services to increase salaries for certified Pre-Kindergarten consultants to make them more comparable to the state teacher salary schedule in the Pre-Kindergarten program. $0 $0 Amount appropriated in this Act $301,953,447 $302,621,270 2582 JOURNAL OF THE HOUSE Quality Initiatives 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 $22,370,146 Federal and Other Funds $22,370,146 Federal Funds Not specifically Identified $22,370,146 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $18,370,146 Adjust program budgets and object classes to reflect actual budgets. $0 $4,000,000 Amount appropriated in this Act $0 $22,370,146 Section 22: Economic Development, Department of Total Funds Federal and Other Funds Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $35,710,026 $20,244 $20,244 $0 $35,689,782 $35,689,782 $0 $0 Administration To influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. Total Funds $6,423,946 State Funds $6,423,946 State General Funds $6,423,946 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,213,661 $6,213,661 Annualize the cost of the FY2006 salary adjustment. $38,597 $38,597 WEDNESDAY, MARCH 8, 2006 2583 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) programs from the Business, Recruitment and Expansion ($34,395), Film, Video and Music ($118,000), Innovation and Technology ($50,000), International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. Amount appropriated in this Act $38,429 $73,931 $12,011 $47,317 $6,423,946 $38,429 $73,931 $12,011 $47,317 $6,423,946 Business Recruitment and Expansion To provide assistance to local communities and to the state to recruit, retain, and expand businesses in Georgia. Total Funds $9,011,795 State Funds $9,011,795 State General Funds $9,011,795 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,783,664 $6,783,664 Annualize the cost of the FY2006 salary adjustment. $37,431 $37,431 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $37,268 $37,268 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $71,697 $71,697 Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) programs from the Business, Recruitment and Expansion ($34,395), Film, Video and Music ($118,000), Innovation and Technology ($50,000), ($34,395) ($34,395) 2584 JOURNAL OF THE HOUSE International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. Expand international trade and recruitment activities by increasing funding for contracts in the Business Recruitment and Expansion program to hire a contractor to focus on Southern Europe ($35,000) and to cover costs of trade missions ($15,000). Increase the department's capacity to grow jobs for Georgians by funding 1 new position and 5 vacant positions: 1 consumer sales manager for the Tourism program (new position - $66,130); 1 project manager for the Innovation and Technology program ($79,356); 1 regional project managers in the Regional Existing Business/Entrepreneurial Development subprogram of the Business Recruitment and Expansion program ($132,260); 1 mentor protg associate in the Small and Minority Business Development program ($66,130); and 1 multimedia/new media specialist in the Film, Video and Music program ($85,969). To provide funding for the Savannah Riverwalk Project. Amount appropriated in this Act $50,000 $66,130 $2,000,000 $9,011,795 $50,000 $66,130 $2,000,000 $9,011,795 Film, Video and Music 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 $996,678 State Funds $996,678 State General Funds $996,678 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,012,337 $1,012,337 Annualize the cost of the FY2006 salary adjustment. $4,186 $4,186 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $4,168 $4,168 WEDNESDAY, MARCH 8, 2006 2585 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase the department's capacity to grow jobs for Georgians by funding 1 new position and 5 vacant positions: 1 consumer sales manager for the Tourism program (new position - $66,130); 1 project manager for the Innovation and Technology program ($79,356); 2 regional project managers in the Regional Existing Business/Entrepreneurial Development subprogram of the Business Recruitment and Expansion program ($132,260); 1 mentor protg associate in the Small and Minority Business Development program ($66,130); and 1 multimedia/new media specialist in the Film, Video and Music program ($85,969). Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) programs from the Business, Recruitment and Expansion ($34,395), Film, Video and Music ($118,000), Innovation and Technology ($50,000), International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. Amount appropriated in this Act $8,018 $85,969 ($118,000) $996,678 $8,018 $85,969 ($118,000) $996,678 Innovation and Technology To lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia. Total Funds $2,532,961 State Funds $2,532,961 State General Funds $2,532,961 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,563,914 $1,563,914 Annualize the cost of the FY2006 salary adjustment. $4,870 $4,870 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $4,849 $4,849 2586 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase the department's capacity to grow jobs for Georgians by funding 1 new position and 5 vacant positions: 1 consumer sales manager for the Tourism program (new position - $66,130); 1 project manager for the Innovation and Technology program ($79,356); 2 regional project managers in the Regional Existing Business/Entrepreneurial Development subprogram of the Business Recruitment and Expansion program ($132,260); 1 mentor protg associate in the Small and Minority Business Development program ($66,130); and 1 multimedia/new media specialist in the Film, Video and Music program ($85,969). Provide funding to the Innovation and Technology program for a bioscience collaboration project to identify and design public/private partnering opportunities that will leverage private funding to stimulate bioscience industry growth in Georgia. Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) programs from the Business, Recruitment and Expansion ($34,395), Film, Video and Music ($118,000), Innovation and Technology ($50,000), International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. Amount appropriated in this Act $9,328 $0 $1,000,000 ($50,000) $2,532,961 $9,328 $0 $1,000,000 ($50,000) $2,532,961 International Relations and Trade 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 $2,046,170 State Funds $2,046,170 State General Funds $2,046,170 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: WEDNESDAY, MARCH 8, 2006 2587 Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) programs from the Business, Recruitment and Expansion ($34,395), Film, Video and Music ($118,000), Innovation and Technology ($50,000), International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. Amount appropriated in this Act State Funds $2,056,980 $8,742 $8,704 $16,744 ($45,000) $2,046,170 Total Funds $2,056,980 $8,742 $8,704 $16,744 ($45,000) $2,046,170 Small and Minority Business Development To provide guidance and support to agencies in maximizing access to state business opportunities for small and minority businesses. Total Funds $979,998 Federal and Other Funds $20,244 Agency Funds $20,244 State Funds $959,754 State General Funds $959,754 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $924,154 $944,398 Annualize the cost of the FY2006 salary adjustment. $7,515 $7,515 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $7,482 $7,482 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $14,395 $14,395 Increase the department's capacity to grow jobs for Georgians by funding 1 new position and 5 vacant $66,130 $66,130 2588 JOURNAL OF THE HOUSE positions: 1 consumer sales manager for the Tourism program (new position - $66,130); 1 project manager for the Innovation and Technology program ($79,356); 2 regional project managers in the Regional Existing Business/Entrepreneurial Development subprogram of the Business Recruitment and Expansion program ($132,260); 1 mentor protg associate in the Small and Minority Business Development program (0); and 1 multimedia/new media specialist in the Film, Video and Music program ($85,969). Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) programs from the Business, Recruitment and Expansion ($34,395), Film, Video and Music ($118,000), Innovation and Technology ($50,000), International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. Amount appropriated in this Act ($59,922) $959,754 ($59,922) $979,998 Tourism To provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. Total Funds $11,648,828 State Funds $11,648,828 State General Funds $11,648,828 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $11,096,169 $11,096,169 Annualize the cost of the FY2006 salary adjustment. $32,170 $32,170 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $32,032 $32,032 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $61,621 $61,621 Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) $260,000 $260,000 WEDNESDAY, MARCH 8, 2006 2589 programs from the Business, Recruitment and Expansion ($34,395), Film, Video and Music ($118,000), Innovation and Technology ($50,000), International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. Reduce funding for the Sylvania visitor center by 10% from $150,205 to $135,185 and develop a plan for phasing out state funding. ($15,020) ($15,020) Reduce pass-thru funding for local welcome centers $0 $0 by 10% (Bainbridge - $9,832; local welcome center grant program - $21,426), continuing the phase-out of state funds. Eliminate pass-thru funding for the Historic Chattahoochee Commission. $52,500 $52,500 Increase the department's capacity to grow jobs for Georgians by funding 1 new position and 5 vacant positions: 1 consumer sales manager for the Tourism program (new position - $66,130); 1 project manager for the Innovation and Technology program ($79,356); 2 regional project managers in the Regional Existing Business/Entrepreneurial Development subprogram of the Business Recruitment and Expansion program ($132,260); 1 mentor protg associate in the Small and Minority Business Development program ($66,130); and 1 multimedia/new media specialist in the Film, Video and Music program ($85,969). $79,356 $79,356 Redirect $50,000 from the marketing fund to be used for the Georgia Shrimp Association $0 $0 Provide funding for the Georgia Shrimp Association $50,000 $50,000 Amount appropriated in this Act $11,648,828 $11,648,828 The following appropriations are for agencies attached for administrative purposes. Payments to Aviation Hall of Fame Authority 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 2590 JOURNAL OF THE HOUSE State Funds State General Funds $50,000 $50,000 Payments to Georgia Golf Hall of Fame Authority 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 Medical Center Authority To provide funds to the Georgia Medical Center Authority. Total Funds $405,000 State Funds $405,000 State General Funds $405,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $250,000 $250,000 To provide funding for an Assistant Director position and funding to expand infrastructure. $155,000 $155,000 Amount appropriated in this Act $405,000 $405,000 Payments to Georgia Music Hall of Fame Authority To preserve Georgia's rich musical heritage. Total Funds $814,070 State Funds $814,070 State General Funds $814,070 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $767,039 Annualize the cost of the FY2006 salary adjustment. $4,973 $4,973 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $4,950 $4,950 WEDNESDAY, MARCH 8, 2006 2591 Increase funds to reflect an adjustment in the Workers' Compensation premiums. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Redirect $15,341 from repairs and maintenance to personal services and provide additional funds for 1 new position to manage and expand the volunteer program (total position cost: $42,322) Eliminate the Music Hall of Fame program, establish the Payments to Georgia Music Fall of Fame Authority and correct an overstatement of other funds. Amount appropriated in this Act $601 $9,526 $26,981 $767,039 $814,070 $601 $9,526 $26,981 $0 $814,070 Payments to Georgia Sports Hall of Fame Authority To preserve and interpret the history of sports in Georgia. Total Funds $741,895 State Funds $741,895 State General Funds $741,895 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $725,060 $725,060 Annualize the cost of the FY2006 salary adjustment. $3,691 $3,691 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $4,265 $4,265 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $8,205 $8,205 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $674 $674 Amount appropriated in this Act $741,895 $741,895 Section 23: Education, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified $8,343,860,509 $1,125,406,308 $1,113,015,001 2592 JOURNAL OF THE HOUSE Other Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers Other Fund Sources $12,391,307 $7,218,454,201 $30,000,000 $7,188,454,201 $0 $0 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,547.15. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. Academic Coach 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 $6,100,710 State Funds $6,100,710 State General Funds $6,100,710 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,899,132 $3,899,132 Adjust funding for teacher liability insurance to meet projected cost of policy and transfer $200,000 to Testing to fund additional students and increased cost of the Preliminary Scholastic Assessment Test (PSAT). ($200,000) ($200,000) Provide funds for academic coaches in Needs Improvement schools. $2,467,578 $2,467,578 Reduce personal services ($513,126), regular operating expenses ($68,280) and computer charges ($183,087). Reduce funding for the Educational Technology Training Centers (ETTCs) ($79,231) and RESAs ($229,465) by 2%. ($66,000) ($66,000) Amount appropriated in this Act $6,100,710 $6,100,710 Agricultural Education To provide students with competencies to make them aware of the importance of WEDNESDAY, MARCH 8, 2006 2593 the agricultural industry and develop skills to prepare them for the world of work. Total Funds $8,685,236 Federal and Other Funds $576,577 Federal Funds Not specifically Identified $126,577 Other Funds $450,000 State Funds $8,108,659 State General Funds $8,108,659 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,423,422 $7,999,999 Annualize the cost of the FY2006 salary adjustment. $27,359 $27,359 Provide a salary increase in FY 2007 of 4% for Regional Educational Services Agencies (RESAs), the Severely Emotionally Disturbed (SED) Network, Preschool Handicapped, High School Agricultural and Technology/Career Programs and state school teachers effective September 1, 2006. $369,796 $369,796 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $288,082 $288,082 Amount appropriated in this Act $8,108,659 $8,685,236 Central Office To act as a service oriented agency supporting local school districts. Total Funds $80,857,603 Federal and Other Funds $45,079,858 Federal Funds Not specifically Identified $38,180,833 Other Funds $6,899,025 State Funds $35,777,745 State General Funds $35,777,745 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $34,924,681 $80,004,539 Annualize the cost of the FY2006 salary adjustment. $224,264 $224,264 Provide a salary increase in FY 2007 of up to 4% for $427,521 $427,521 2594 JOURNAL OF THE HOUSE central office employees effective January 1, 2007. Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Reduce personal services ($513,126), regular operating expenses ($68,280) and computer charges ($183,087). Reduce funding for the Educational Technology Training Centers (ETTCs) ($79,231) and RESAs ($229,465) by 2%. Eliminate funding for the Global Achievers contract. Redirect $150,000 from Central Office contracts to fund an evaluation of the Reading and Math program. Reduce funding in real estate rentals to reflect anticipated real estate payments from the Office of Student Achievement. Amount appropriated in this Act $163,924 $163,924 $602,295 $602,295 $47,553 $47,553 ($698,493) ($698,493) ($50,000) ($50,000) $150,000 $150,000 ($14,000) ($14,000) $35,777,745 $80,857,603 Charter Schools To support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy. Total Funds $7,949,904 Federal and Other Funds $6,729,711 Federal Funds Not specifically Identified $6,729,711 State Funds $1,220,193 State General Funds $1,220,193 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $770,193 $7,499,904 Provide additional funding for the development of Charter Schools to include the lease, rental, repair and/or renovation of Charter School facilities. $450,000 $450,000 WEDNESDAY, MARCH 8, 2006 2595 Amount appropriated in this Act $1,220,193 $7,949,904 Classroom Supplies To administer the $100 per teacher purchase cards. Total Funds $10,500,000 State Funds $10,500,000 State General Funds $10,500,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Provide funds for teachers for classroom supplies. $10,500,000 $10,500,000 Amount appropriated in this Act $10,500,000 $10,500,000 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 $2,360,209 State Funds $2,360,209 State General Funds $2,360,209 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,320,623 $1,320,623 Redirect funds from Education Go Get It to Communities in Schools to provide for high school completion counselor training ($400,000) and funding for three new Performance Learning Centers in Ben Hill County, Cobb County and Troup County ($639,586). $1,039,586 $1,039,586 Amount appropriated in this Act $2,360,209 $2,360,209 Curriculum Development To provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers and students. Total Funds $1,774,833 2596 JOURNAL OF THE HOUSE State Funds $1,774,833 State General Funds $1,774,833 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,774,833 $1,774,833 Redirect $500,000 from Curriculum Development to $0 $0 Testing to align the Georgia Alternate Assessment (GAA) with the new Georgia Performance Standards (GPS). Amount appropriated in this Act $1,774,833 $1,774,833 Education GO Get It To administer the Education GO Get it program. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Transfer the Education GO Get It program and 2 positions from the Board of Regents to the Department of Education. $0 $0 Amount appropriated in this Act $0 $0 Equalization To provide 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 $426,824,372 State Funds $426,824,372 State General Funds $426,824,372 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $371,657,510 $371,657,510 Annualize the correction to Equalization Grant funding to properly reflect millage increase. $8,591,423 $8,591,423 Provide for an increase in Equalization Grants. $46,575,439 $46,575,439 WEDNESDAY, MARCH 8, 2006 2597 Amount appropriated in this Act $426,824,372 $426,824,372 Federal Programs To coordinate federally funded programs and allocate federal funds to school systems. Total Funds $817,561,039 Federal and Other Funds $817,561,039 Federal Funds Not specifically Identified $817,561,039 Foreign Language To provide funds to schools for foreign language instruction. Total Funds State Funds State General Funds $1,590,857 $1,590,857 $1,590,857 Fund Accounting To administer the Fund Accounting system. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Total of Projects Associated with this Program $0 $0 Amount appropriated in this Act $0 $0 Georgia Learning Resources System (GLRS) To provide training and resources to educators and parents of students with disabilities through a network of centers around the state. Total Funds $5,117,573 Federal and Other Funds $5,117,573 Federal Funds Not specifically Identified $5,117,573 Georgia Virtual School 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 $2,188,734 State Funds $2,188,734 State General Funds $2,188,734 2598 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,385,000 $1,385,000 Annualize the cost of the FY2006 salary adjustment. $3,734 $3,734 Add funding and 2 positions to expand the Georgia Virtual School by an additional 2,000 seats. $800,000 $800,000 Amount appropriated in this Act $2,188,734 $2,188,734 Georgia Youth Science and Technology Centers 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 To provide intellectually gifted and artistically talented high school students challenging and enriching educational opportunities not usually available to them during the regular school year. Total Funds $1,418,223 State Funds $1,418,223 State General Funds $1,418,223 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,416,743 $1,416,743 Annualize the cost of the FY2006 salary adjustment. $1,480 $1,480 Amount appropriated in this Act $1,418,223 $1,418,223 High Performing Principals To administer the High Performing Principals program. Total Funds State Funds $1,500,000 $1,500,000 WEDNESDAY, MARCH 8, 2006 2599 State General Funds $1,500,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Provide grant funds for school districts to recruit high performing principals for target schools. $1,500,000 $1,500,000 Amount appropriated in this Act $1,500,000 $1,500,000 High School Completion Counselors To administer the High School Completion Counselors program. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Improve graduation rates by providing grants to school systems to fund 1 high school completion counselor for every high school. $0 $0 Amount appropriated in this Act $0 $0 IT Services To collect and report accurate data through the development and maintenance of web-enabled applications. Total Funds $7,417,319 State Funds $7,417,319 State General Funds $7,417,319 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,496,550 $7,496,550 Reduce personal services ($513,126), regular operating expenses ($68,280) and computer charges ($183,087). Reduce funding for the Educational Technology Training Centers (ETTCs) ($79,231) and RESAs ($229,465) by 2%. ($79,231) ($79,231) Amount appropriated in this Act $7,417,319 $7,417,319 2600 JOURNAL OF THE HOUSE Local Five Mill Share 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 ($1,440,262,506) State Funds ($1,440,262,506) State General Funds ($1,440,262,506) The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) ($1,335,476,389) ($1,335,476,389) Increase funds for Local Five Mill Share. ($104,786,117) ($104,786,117) Amount appropriated in this Act ($1,440,262,506) ($1,440,262,506) National Board Certification To provide the ten percent salary increase for National Board Certified teachers to local systems (jointly administered between the Department of Education and the Professional Standards Commission). Total Funds $11,038,035 State Funds $11,038,035 State General Funds $11,038,035 National Science Center and Foundation 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-QBE Programs To assure that sufficient funds are provided in order for the State's public school students to receive an effective education. Total Funds $7,438,674 State Funds $7,438,674 State General Funds $7,438,674 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: WEDNESDAY, MARCH 8, 2006 2601 Amount from prior Appropriation Act (HB 85) Remove one-time funds in Migrant Education for the Bulloch County poultry plant. Amount appropriated in this Act State Funds $7,688,674 ($250,000) $7,438,674 Total Funds $7,688,674 ($250,000) $7,438,674 Nutrition 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 $225,899,606 Federal and Other Funds $188,375,722 Federal Funds Not specifically Identified $188,375,722 State Funds $37,523,884 State General Funds $37,523,884 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $36,017,592 $224,393,314 Provide a salary increase in FY 2007 of 4% for bus drivers and lunchroom workers effective July 1, 2006. $1,506,292 $1,506,292 Amount appropriated in this Act $37,523,884 $225,899,606 Preschool Handicapped To provide early intervention so students with disabilities will enter school with the skills to succeed. Total Funds $26,471,119 State Funds $26,471,119 State General Funds $26,471,119 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $24,008,490 $24,008,490 Annualize the cost of the FY2006 salary adjustment. $352,273 $352,273 2602 JOURNAL OF THE HOUSE Provide a salary increase in FY 2007 of 4% for Regional Educational Services Agencies (RESAs), the Severely Emotionally Disturbed (SED) Network, Preschool Handicapped, High School Agricultural and Technology/Career Programs and state school teachers effective September 1, 2006. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Amount appropriated in this Act $1,186,240 $1,186,240 $924,116 $924,116 $26,471,119 $26,471,119 Principal Supplements To provide supplements to principals. Total Funds State Funds State General Funds $5,361,125 $5,361,125 $5,361,125 Pupil Transportation To assist local school systems in their efforts to provide safe and efficient transportation for students to and from school and school related activities. Total Funds $166,452,130 State Funds $166,452,130 State General Funds $166,452,130 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $158,353,875 $158,353,875 Provide a salary increase in FY 2007 of 4% for bus drivers and lunchroom workers effective July 1, 2006. $3,098,255 $3,098,255 Add funds for Pupil Transportation for rising fuel costs. $5,000,000 $5,000,000 Amount appropriated in this Act $166,452,130 $166,452,130 QBE Program To provide funds to school systems for the instruction of students in grades K-12 to ensure that Georgia's students are academically prepared for further education and WEDNESDAY, MARCH 8, 2006 2603 the workplace. Total Funds $7,436,994,638 State Funds $7,436,994,638 State General Funds $7,436,994,638 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,677,381,942 $6,677,381,942 Annualize the cost of the FY2006 salary adjustment. $20,512,486 $20,512,486 Provide a 4% increase to the state base salary on the teacher salary schedule for the State Board of Education effective September 1, 2006. This proposed 4% salary improvement is in addition to a 3% salary increase awarded to more than half of the certificated personnel through the normal progression on the teacher salary schedule. $216,761,619 $216,761,619 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $134,507,684 $134,507,684 Provide funds to reduce the individual maximum class size for Grades K-8. $163,164,787 $163,164,787 Expand the QBE Remedial Education program to $0 $0 include students in Grades 6-8. Provide funds for QBE enrollment growth of 2.5% and increase in teacher training and experience. $201,590,474 $201,590,474 Provide funding for school systems to fund 1 high school completion counselor, at the base teacher salary plus fringe benefits, for each of Georgia's 385 high schools and adjust for training and experience, as necessary, in future QBE calculations. $15,429,069 $15,429,069 Provide funds to restore half of the FY 2003 reductions to the QBE Formula funding for media materials increasing the rate from $9.77 to $14.65 per FTE. $7,646,577 $7,646,577 Amount appropriated in this Act $7,436,994,638 $7,436,994,638 2604 JOURNAL OF THE HOUSE Regional Education Service Agencies (RESAs) To provide Georgia's 16 Regional Education Service Agencies (RESAs) with shared services to improve the effectiveness of educational programs and services of local school systems. Total Funds $11,962,471 State Funds $11,962,471 State General Funds $11,962,471 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $11,473,253 $11,473,253 Annualize the cost of the FY2006 salary adjustment. $25,546 $25,546 Provide a salary increase in FY 2007 of 4% for Regional Educational Services Agencies (RESAs), the Severely Emotionally Disturbed (SED) Network, Preschool Handicapped, High School Agricultural and Technology/Career Programs and state school teachers effective September 1, 2006. $260,632 $260,632 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $203,040 $203,040 Reduce personal services ($513,126), regular operating expenses ($68,280) and computer charges ($183,087). Reduce funding for the Educational Technology Training Centers (ETTCs) ($79,231) and RESAs ($229,465) by 2%. $0 $0 Amount appropriated in this Act $11,962,471 $11,962,471 School Improvement 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 (AYP). Total Funds $11,736,228 Federal and Other Funds $100,000 Other Funds $100,000 WEDNESDAY, MARCH 8, 2006 2605 State Funds $11,636,228 State General Funds $11,636,228 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $11,636,228 $11,736,228 Redirect $1,000,000 from School Improvement to $0 $0 Testing to fund an assessment for English Language Learners to measure English proficiency. Amount appropriated in this Act $11,636,228 $11,736,228 School Nurses To provide appropriate health procedures to allow students to remain in school and increase opportunities for academic success. Total Funds $30,000,000 State Funds $30,000,000 Tobacco Funds $30,000,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $30,000,000 Replace other funds with tobacco funds for school $30,000,000 $0 nurses. Amount appropriated in this Act $30,000,000 $30,000,000 Severely Emotionally Disturbed (SED) To provide statewide services to parents and educators of students with disabilities. Total Funds $75,558,578 Federal and Other Funds $7,724,112 Federal Funds Not specifically Identified $7,724,112 State Funds $67,834,466 State General Funds $67,834,466 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $64,684,683 $72,408,795 2606 JOURNAL OF THE HOUSE Annualize the cost of the FY2006 salary adjustment. $448,774 Provide a salary increase in FY 2007 of 4% for Regional Educational Services Agencies (RESAs), the Severely Emotionally Disturbed (SED) Network, Preschool Handicapped, High School Agricultural and Technology/Career Programs and state school teachers effective September 1, 2006. $1,518,248 Increase funds to reflect an adjustment in the employer $1,182,761 share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Amount appropriated in this Act $67,834,466 $448,774 $1,518,248 $1,182,761 $75,558,578 State Interagency Transfers To provide health insurance to retired teachers and non certified personnel and to pass through funding via a contract. Total Funds $270,480,390 Federal and Other 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 Program 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 $26,502,770 State Funds $26,502,770 State General Funds $26,502,770 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $26,652,770 $26,652,770 Transfer funds to the Central Office to fund an evaluation of the Reading and Math program. ($150,000) ($150,000) Amount appropriated in this Act $26,502,770 $26,502,770 State Schools To prepare sensory-impaired and multi-disabled students to become productive citizens by providing a learning environment addressing their academic, WEDNESDAY, MARCH 8, 2006 2607 vocational, and social development. Total Funds $21,131,308 Federal and Other Funds $932,715 Other Funds $932,715 State Funds $20,198,593 State General Funds $20,198,593 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $18,875,323 $19,808,038 Annualize the cost of the FY2006 salary adjustment. $155,280 $155,280 Provide a salary increase in FY 2007 of 4% for Regional Educational Services Agencies (RESAs), the Severely Emotionally Disturbed (SED) Network, Preschool Handicapped, High School Agricultural and Technology/Career Programs and state school teachers effective September 1, 2006. $746,200 $746,200 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $421,790 $421,790 Amount appropriated in this Act $20,198,593 $21,131,308 Technology/Career Education To equip students with academic, technical and leadership skills. Total Funds $40,570,499 Federal and Other Funds $24,616,113 Federal Funds Not specifically Identified $20,606,546 Other Funds $4,009,567 State Funds $15,954,386 State General Funds $15,954,386 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $15,256,641 $39,872,754 Annualize the cost of the FY2006 salary adjustment. $56,682 $56,682 Provide a salary increase in FY 2007 of 4% for $360,344 Regional Educational Services Agencies (RESAs), the $360,344 2608 JOURNAL OF THE HOUSE Severely Emotionally Disturbed (SED) Network, Preschool Handicapped, High School Agricultural and Technology/Career Programs and state school teachers effective September 1, 2006. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $280,719 Amount appropriated in this Act $15,954,386 $280,719 $40,570,499 Testing To adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program. Total Funds $30,914,020 Federal and Other Funds $9,704,191 Federal Funds Not specifically Identified $9,704,191 State Funds $21,209,829 State General Funds $21,209,829 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $17,709,829 $27,414,020 Redirect $1,000,000 from School Improvement to Testing to fund an assessment for English Language Learners to measure English proficiency. $0 $0 Redirect $500,000 from Curriculum Development to Testing to align the Georgia Alternate Assessment (GAA) with the new Georgia Performance Standards (GPS). $0 $0 Adjust funding for teacher liability insurance to meet projected cost of policy and transfer $200,000 to Testing to fund additional students and increased cost of the Preliminary Scholastic Assessment Test (PSAT). $200,000 $200,000 Annualize funding for the online SAT preparation software and maintain current contract rate for FY 2007. $1,000,000 $1,000,000 Expand the web-based classroom accountability model. $800,000 $800,000 WEDNESDAY, MARCH 8, 2006 2609 Provide funds to align the Georgia Alternate Assessment (GAA) with the new Georgia Performance Standards (GPS). $500,000 Provide funding for an assessment for English Language Learners to measure English proficiency. $1,000,000 Amount appropriated in this Act $21,209,829 $500,000 $1,000,000 $30,914,020 Tuition for the Multi-Handicapped 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 24: Employees' Retirement System of Georgia Total Funds Federal and Other Funds Agency Funds Other Funds State Funds Other State Funds State General Funds Intra-State Government Transfers Retirement Payments Other Fund Sources $30,008,658 $1,084,076 $3,128,121 ($2,044,045) $8,939,095 $0 $8,939,095 $19,985,487 $19,985,487 $0 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 2007. It is the intent of the General Assembly that the employer contribution for Public School Employees' Retirement System shall not exceed $13.75 per member for State Fiscal Year 2007. Deferred Compensation To provide excellent service to participants in the deferred compensation program for all employees of the State, giving them an effective supplement for their retirement planning. 2610 JOURNAL OF THE HOUSE Total Funds $3,760,558 Federal and Other Funds $3,760,558 Agency Funds $3,128,121 Other Funds $632,437 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $3,128,121 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $15,218 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $560 Increase other funds ($505,286) to integrate Deferred Compensation into the ERS computer system and provide contract funding ($111,373) for a third party administrator. $0 $616,659 Amount appropriated in this Act $0 $3,760,558 Georgia Military Pension Fund To provide retirement allowances and other benefits for members of the Georgia National Guard. Total Funds $1,005,099 State Funds $1,005,099 State General Funds $1,005,099 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $890,651 $890,651 Increase the Georgia Military Pension Fund based on current actuarial valuation. $114,448 $114,448 Amount appropriated in this Act $1,005,099 $1,005,099 Public School Employee's Retirement System 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 $6,321,996 WEDNESDAY, MARCH 8, 2006 2611 State Funds $6,321,996 State General Funds $6,321,996 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,221,996 $4,221,996 Provide funds to increase the benefit accrual rate for members of the Public School Employees' Retirement System by $0.25 per month for each year of service increasing the rate from $13.50 to $13.75. $2,100,000 $2,100,000 Amount appropriated in this Act $6,321,996 $6,321,996 System Administration To collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. Total Funds $18,921,005 Federal and Other Funds ($2,676,482) Other Funds ($2,676,482) State Funds $1,612,000 State General Funds $1,612,000 Intra-State Government Transfers $19,985,487 Retirement Payments $19,985,487 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $19,985,487 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $104,665 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $3,853 Reduce other funds in computer charges ($2,785,000). $0 ($2,785,000) Fund H.B. 731 $4,000 $4,000 Fund H.B. 644 $6,000 $6,000 Fund H.B. 582 $88,000 $88,000 Fund H.B. 101 $1,514,000 $1,514,000 Amount appropriated in this Act $1,612,000 $18,921,005 2612 JOURNAL OF THE HOUSE Section 25: Forestry Commission, State Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $39,647,156 $5,800,638 $822,000 $5,448,129 ($469,491) $33,846,518 $33,846,518 $0 $0 Administration Administers 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 $4,728,355 Federal and Other Funds $173,027 Agency Funds $173,027 State Funds $4,555,328 State General Funds $4,555,328 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,798,610 $3,971,637 Annualize the cost of the FY2006 salary adjustment. $12,790 $12,790 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $30,327 $30,327 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $39,374 $39,374 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $8,131 $8,131 Transfer funds from the Forest Management ($248,449), Forest Protection ($55,121), Tree Improvement ($464) and Tree Seedling Nursery ($40,064) programs to the Administration program ($344,098) to properly reflect program expenditures. $154,485 $154,485 WEDNESDAY, MARCH 8, 2006 2613 Add 1 technical position to support the computer network. Provide funding to address ongoing and deferred maintenance needs, ensuring firefighting readiness. Amount appropriated in this Act $73,500 $73,500 $438,111 $438,111 $4,555,328 $4,728,355 Forest Management The purpose is to survey 20% of permanently established forest survey plots annually to gather forest health and inventory data. Total Funds $3,831,888 Federal and Other Funds $1,179,500 Federal Funds Not specifically Identified $552,000 Agency Funds $627,500 State Funds $2,652,388 State General Funds $2,652,388 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,624,712 $3,804,212 Annualize the cost of the FY2006 salary adjustment. $20,588 $20,588 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $23,406 $23,406 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $30,389 $30,389 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $6,275 $6,275 Transfer funds from the Forest Management ($248,449), Forest Protection ($55,121), Tree Improvement ($464) and Tree Seedling Nursery ($40,064) programs to the Administration program ($344,098) to properly reflect program expenditures. ($555,373) ($555,373) Add 5 foresters to address forest pests and diseases in order to preserve the health of Georgia's forest lands. $175,427 $175,427 Add 1 position for the creation of a bioenergy program to address Georgia's energy needs through the development of bioenergy markets and greater use of forest resources. $93,982 $93,982 2614 JOURNAL OF THE HOUSE Add 3 positions and funding to implement a carbon sequestration program that will improve air quality, leverage federal funding and provide greater incentives to landowners to plant more trees. Add 4 foresters to preserve water quality through education, training and evaluation of best management practices. Amount appropriated in this Act $93,982 $139,000 $2,652,388 $93,982 $139,000 $3,831,888 Forest Protection The purpose is to protect the public and forest resources. Total Funds $29,620,867 Federal and Other Funds $2,876,611 Federal Funds Not specifically Identified $200,000 Agency Funds $2,676,611 State Funds $26,744,256 State General Funds $26,744,256 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $25,575,110 $28,451,721 Annualize the cost of the FY2006 salary adjustment. $171,572 $171,572 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $253,226 $253,226 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $328,769 $328,769 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $67,890 $67,890 Transfer funds from the Forest Management ($248,449), Forest Protection ($55,121), Tree Improvement ($464) and Tree Seedling Nursery ($40,064) programs to the Administration program ($344,098) to properly reflect program expenditures. $447,689 $447,689 Provide additional funds to address moderate fire season maintenance needs. $250,000 $250,000 Eliminate equipment funds used for the lease/purchase ($700,000) ($700,000) of a helicopter paid for in FY 2005. WEDNESDAY, MARCH 8, 2006 2615 Fill 15 vacant ranger positions to provide adequate staffing for a moderate fire season. Amount appropriated in this Act $350,000 $350,000 $26,744,256 $29,620,867 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 $118,659 State Funds $118,659 State General Funds $118,659 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $119,123 $119,123 Annualize the cost of the FY2006 salary adjustment. $312 $312 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $0 $0 Transfer funds from the Forest Management ($248,449), Forest Protection ($55,121), Tree Improvement ($464) and Tree Seedling Nursery ($40,064) programs to the Administration program ($344,098) to properly reflect program expenditures. ($776) ($776) Amount appropriated in this Act $118,659 $118,659 Tree Seedling Nursery Producing adequate quantity of high quality forest tree seedlings for sale at reasonable cost to Georgia landowners. Total Funds $1,347,387 Federal and Other Funds $1,571,500 Federal Funds Not specifically Identified $70,000 Agency Funds $1,970,991 Other Funds ($469,491) State Funds ($224,113) State General Funds ($224,113) The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 2616 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Decrease other funds to accurately reflect collections from seedling sales (Total Funds: $469,491). Transfer funds from the Forest Management ($248,449), Forest Protection ($55,121), Tree Improvement ($464) and Tree Seedling Nursery ($40,064) programs to the Administration program ($344,098) to properly reflect program expenditures. Amount appropriated in this Act State Funds ($185,282) $5,615 $615 $799 $165 $0 ($46,025) ($224,113) Total Funds $1,855,709 $5,615 $615 $799 $165 ($469,491) ($46,025) $1,347,387 Section 26: Governor, Office of the Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers Other Fund Sources $46,355,783 $6,493,772 $5,603,227 $890,545 $0 $39,862,011 $0 $39,862,011 $0 $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. Governor's Office To provide numerous duties including, but not limited to: granting commissions, WEDNESDAY, MARCH 8, 2006 2617 appointments and vacancies, maintaining order, and temporary transfer of institutions between departments or agencies. Total Funds $5,244,359 State Funds $5,244,359 State General Funds $5,244,359 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,056,367 $5,056,367 Annualize the cost of the FY2006 salary adjustment. $34,408 $34,408 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $38,745 $38,745 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $60,604 $60,604 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,235 $4,235 Provide funds for a gubernatorial transition. $50,000 $50,000 Amount appropriated in this Act $5,244,359 $5,244,359 Governor's Emergency Funds 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 Office of Planning and Budget To supply budgeting and policy management assistance to the Governor in determining strategic and tactical plans for state agencies. Total Funds $8,846,260 State Funds $8,846,260 State General Funds $8,846,260 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 2618 JOURNAL OF THE HOUSE Annualize the cost of the FY2006 salary adjustment. $46,012 $46,012 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $57,169 $57,169 Provide for an adjustment to the Georgia Building $66,963 Authority (GBA) real estate rental rate for office space. $66,963 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $89,420 $89,420 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $6,048 $6,048 Provide funds to fill 5 vacant budget analyst positions. $248,291 $248,291 Reduce consulting contracts for the Military Affairs Coordinating Council. ($72,000) ($72,000) Delete one-time funding for the Commission on New ($3,000,000) ($3,000,000) Georgia HR Task Force. Establish training function within OPB to train state $0 $0 agency staff in budget and performance management by increasing personal services and operating expenses for 2 additional positions. Provide funds to reestablish the program evaluation $0 $0 function by filling 4 vacancies and providing operating expenses. Provide for on-going maintenance and support of enterprise budgeting systems. $102,000 $102,000 Reorganize the Office of Planning and Budget's program structure to condense into a department summary. $11,302,357 $11,302,357 Amount appropriated in this Act $8,846,260 $8,846,260 The following appropriations are for agencies attached for administrative purposes. Commission on Equal Opportunity 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 $1,049,612 Federal and Other Funds $387,217 Federal Funds Not specifically Identified $387,217 WEDNESDAY, MARCH 8, 2006 2619 State Funds $662,395 State General Funds $662,395 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $695,707 $1,082,924 Annualize the cost of the FY2006 salary adjustment. $5,355 $5,355 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $5,645 $5,645 Provide for an adjustment to the Georgia Building $14,941 Authority (GBA) real estate rental rate for office space. $14,941 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $8,830 $8,830 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $617 $617 Decrease funding for real estate rents due to relocation of office space. ($68,700) ($68,700) Provide additional funding for a new position to handle $0 $0 housing and employment complaints. Amount appropriated in this Act $662,395 $1,049,612 Arts, Georgia Council for the To provide general operation support and project support grants for art organizations. Total Funds $4,706,484 Federal and Other Funds $725,524 Federal Funds Not specifically Identified $710,524 Agency Funds $15,000 State Funds $3,980,960 State General Funds $3,980,960 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,900,546 $4,626,070 Annualize the cost of the FY2006 salary adjustment. $2,274 $2,274 2620 JOURNAL OF THE HOUSE Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Provide one-time funding for a federally mandated strategic plan to preserve grant eligibility with the National Endowment for the Arts. Amount appropriated in this Act $1,773 $2,773 $194 $73,400 $3,980,960 $1,773 $2,773 $194 $73,400 $4,706,484 Consumer Affairs, Office of To protect consumers and legitimate business enterprises from unfair and deceptive business practices through the enforcement of the Fair Business Practices Act and other related consumer protection statutes. Total Funds $6,015,963 Federal and Other Funds $567,689 Agency Funds $567,689 State Funds $5,448,274 State General Funds $5,448,274 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,287,352 $3,855,041 Annualize the cost of the FY2006 salary adjustment. $31,912 $31,912 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $30,239 $30,239 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $47,298 $47,298 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $3,305 $3,305 Provide for an adjustment to the Georgia Building $43,168 Authority (GBA) real estate rental rate for office space. $43,168 Fund the continuing rental expense for the cool room server storage. $5,000 $5,000 WEDNESDAY, MARCH 8, 2006 2621 Provide funding to implement a statewide customer service initiative (including 5 positions). Amount appropriated in this Act $2,000,000 $2,000,000 $5,448,274 $6,015,963 Child Advocate, Office of the To provide independent oversight of persons, organizations, and agencies responsible for the protection and well-being of children. Total Funds $743,198 State Funds $743,198 State General Funds $743,198 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $716,356 $716,356 Annualize the cost of the FY2006 salary adjustment. $6,124 $6,124 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $683 $683 Provide yearly maintenance on electronic document software. $2,500 $2,500 Provide funds to cover costs due to increased statewide travel. $1,522 $1,522 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $6,245 $6,245 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $9,768 $9,768 Amount appropriated in this Act $743,198 $743,198 Georgia Emergency Management Agency 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 $6,548,229 Federal and Other Funds $4,435,412 Federal Funds Not specifically Identified $4,127,556 Agency Funds $307,856 State Funds $2,112,817 2622 JOURNAL OF THE HOUSE State General Funds $2,112,817 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,989,168 $6,424,580 Annualize the cost of the FY2006 salary adjustment. $13,358 $13,358 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $14,547 $14,547 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,590 $1,590 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $22,754 $22,754 Reflect decrease in the position count due to the $0 $0 downsizing of the federal excess property program and the elimination of 3 positions. Provide additional funding for the Civil Air Patrol. $71,400 $71,400 Amount appropriated in this Act $2,112,817 $6,548,229 Professional Standards Commission, Georgia To direct the preparation, certification, professional discipline and recruitment of educators in Georgia. Total Funds $6,966,421 Federal and Other Funds $111,930 Federal Funds Not specifically Identified $111,930 State Funds $6,854,491 State General Funds $6,854,491 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,579,840 $6,691,770 Annualize the cost of the FY2006 salary adjustment. $34,421 $34,421 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $45,224 $45,224 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $70,736 $70,736 WEDNESDAY, MARCH 8, 2006 2623 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,943 Provide for an adjustment to the Georgia Building $40,842 Authority (GBA) real estate rental rate for office space. Provide funds for 1 senior investigator position and expenses related to the position. $78,485 Amount appropriated in this Act $6,854,491 $4,943 $40,842 $78,485 $6,966,421 Student Achievement, Office of To improve student achievement and school completion in Georgia. Total Funds $1,429,376 Federal and Other Funds $266,000 Federal Funds Not specifically Identified $266,000 State Funds $1,163,376 State General Funds $1,163,376 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,135,864 $1,401,864 Annualize the cost of the FY2006 salary adjustment. $6,108 $6,108 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $8,006 $8,006 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $12,522 $12,522 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $876 $876 Increase funds for an audit position to evaluate why certain schools are not meeting student achievement goals. $0 $0 Amount appropriated in this Act $1,163,376 $1,429,376 Inspector General, Office of the State To foster and promote accountability and integrity in state government by investigating and preventing fraud, waste and abuse. Total Funds $830,636 State Funds $830,636 2624 JOURNAL OF THE HOUSE State General Funds $830,636 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $791,432 $791,432 Annualize the cost of the FY2006 salary adjustment. $4,142 $4,142 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $5,364 $5,364 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $8,389 $8,389 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $586 $586 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $4,901 $4,901 Reduce various operating expenses pertaining to the investigative function of the office. ($15,828) ($15,828) Provide one-time contract funding for development of a prevention training program for state officials and employees. $31,650 $31,650 Amount appropriated in this Act $830,636 $830,636 Homeland Security, Office of 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 $505,669 State Funds $505,669 State General Funds $505,669 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $592,905 $592,905 Annualize the cost of the FY2006 salary adjustment. $4,357 $4,357 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $5,015 $5,015 WEDNESDAY, MARCH 8, 2006 2625 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Reduce program funding. Amount appropriated in this Act $7,844 $7,844 $548 $548 ($105,000) ($105,000) $505,669 $505,669 Section 27: Human Resources, Department of Total Funds $3,045,655,805 Federal and Other Funds $1,623,047,171 Federal Funds Not specifically Identified $603,958,206 Agency Funds $166,735,366 Other Funds $22,281,919 Temporary Assistance for Needy Families Block Grant $408,612,712 Social Services Block Grant $60,268,733 Child Care and Development Block Grant $136,626,303 Foster Care Title IV-E $66,740,935 Maternal and Child Health Services Block Grant $17,348,033 Preventive Health and Health Services Block Grant $3,056,456 Community Mental Health Services Block Grant $12,840,422 Prevention and Treatment of Substance Abuse Block Grant $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 $17,502,496 TANF Block Grant Transfers to Child Care Development Fund $0 State Funds Tobacco Funds $1,422,608,634 $28,568,139 Other State Funds $0 State General Funds $1,391,040,495 Brain and Spinal Injury Trust Fund $3,000,000 Intra-State Government Transfers $0 Other Fund Sources $0 2626 JOURNAL OF THE HOUSE 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. Administration To provide administration and support for the Divisions and Operating Office. Total Funds $242,101,574 Federal and Other Funds $134,356,139 Federal Funds Not specifically Identified $89,101,355 Agency Funds $4,634,133 Temporary Assistance for Needy Families Block Grant $30,370,552 Social Services Block Grant $9,872,472 Preventive Health and Health Services Block Grant $31,070 Low-Income Home Energy Assistance $346,557 State Funds $107,745,435 Tobacco Funds $321,984 State General Funds $107,423,451 WEDNESDAY, MARCH 8, 2006 2627 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $89,756,140 $198,733,177 Realign the program and sub-program structure within the Department of Human Resources $0 $0 Reduce Social Service Block Grant funding to administration. $0 ($80,000) Annualize the cost of the FY2006 salary adjustment. $836,310 $836,310 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $995,870 $995,870 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $827,213 $1,224,957 Increase funds to reflect an adjustment in the employer $14,988,649 $24,978,950 share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' $1,520,701 $2,236,021 Compensation premiums. Transfer $493,388 from the Information Technology subprogram of the Administration program to the Adult Services program ($399,881) and the Child and Adolescent Services program ($93,507) to adjust Georgia Technology Authority rate funding. ($493,388) ($493,388) Use existing funds in the Information Technology $0 $0 subprogram of the Administration program to develop a business continuity and disaster recovery security standard for statewide department applications. Replace tobacco funds with state general funds. $0 $0 Reduce contracts and operating cost. ($1,843,282) ($1,843,282) Reduce equipment purchases in the Information ($500,000) ($500,000) Technology subprogram of the Administration program. Reduce administrative costs. ($1,242,778) ($1,242,778) Provide funds in the Information Technology subprogram of the Administration program for the implementation of the Statewide Automated Child Welfare Information System (SACWIS). $0 $0 2628 JOURNAL OF THE HOUSE Provide state funds in the General Administration subprogram of the Administration program to replace county funds previously contributed for the cost of the Electronic Benefit Transfer (EBT) card services. $2,200,000 $2,555,737 Enhance SUCCESS system to support Medicaid eligibility verification and for changes in TANF in the Information Technology subprogram of the Administration program. $700,000 $2,400,000 Increase TANF funding for administration costs $0 $10,900,000 Increase TANF funding for administration systems $0 $1,400,000 Amount appropriated in this Act $107,745,435 $242,101,574 Adolescent and Adult Health Promotion To provide education and services to promote the health and well being of Georgian. Activities include preventing teenage pregnancies, tobacco use prevention, cancer screening and prevention, and family planning services. Total Funds $46,931,893 Federal and Other Funds $28,505,160 Federal Funds Not specifically Identified $6,779,460 Temporary Assistance for Needy Families Block Grant $20,596,897 Maternal and Child Health Services Block Grant $1,087,109 Preventive Health and Health Services Block Grant $41,694 State Funds $18,426,733 Tobacco Funds $4,874,988 State General Funds $13,551,745 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $19,198,382 $47,703,542 Eliminate the Tobacco Use Prevention sub-program except for $250,000 in media promotions to promote the National Cancer Institute's Quitline with Tobacco funds. Then transfer $1,899,875 in Tobacco funds from previous services in the Tobacco Use Prevention sub-program to supplant State funds in the Cancer Screening sub-program. ($1,961,034) ($1,961,034) Provide funding for the Diabetic Care Coalition. $250,000 $250,000 WEDNESDAY, MARCH 8, 2006 2629 Realign the program and sub-program structure within $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $383,142 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $456,243 Increase funds to reflect an adjustment in the Workers' $145,435 Compensation premiums. Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta, Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on population. $100,000 Create a study committee to evaluate the mission of $0 the Division of Public Health, its community funding formula, and salaries of its employees. Amount appropriated in this Act $18,426,733 $0 $383,142 $456,243 $145,435 $100,000 $0 $46,931,893 Adoption Services To support and facilitate the safe permanent placement of children by prescreening families and providing support and financial services after adoption. Total Funds $69,586,468 Federal and Other Funds $36,632,276 Agency Funds $561,732 Temporary Assistance for Needy Families Block Grant $12,000,000 Foster Care Title IV-E $24,070,544 State Funds $32,954,192 State General Funds $32,954,192 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $33,258,201 $62,190,477 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $20,385 $20,385 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $24,274 $24,274 Recognize an increase in the federal match rate by adjusting state funds. ($348,668) ($348,668) 2630 JOURNAL OF THE HOUSE Increase TANF funding for adoption assistance for two parent families Amount appropriated in this Act $0 $7,700,000 $32,954,192 $69,586,468 Adult Addictive Disease Services To provide services to adults for the safe withdrawal from abused substances and promote a transition to productive living. Total Funds $69,082,218 Federal and Other Funds $26,315,435 Prevention and Treatment of Substance Abuse Block Grant $26,315,435 State Funds $42,766,783 State General Funds $42,766,783 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $41,766,783 $68,082,218 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $3,903,425 $3,903,425 Provide for a salary increase in FY 2007 of up to 4% $4,648,166 $4,648,166 effective January 1, 2007. Increase funds to reflect an adjustment in the Workers' $659,186 Compensation premiums. $659,186 Provide funds for provider training and treatment services to 200 methamphetamine-addicted adults with children in the Adult Services program. $1,000,000 $1,000,000 Amount appropriated in this Act $42,766,783 $69,082,218 Adult Developmental Disability Services To provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities. Total Funds $326,664,050 Federal and Other Funds $144,565,847 Federal Funds Not specifically Identified $33,145,264 Agency Funds $53,767,732 Temporary Assistance for Needy Families Block Grant $27,016,392 Social Services Block Grant $30,636,459 WEDNESDAY, MARCH 8, 2006 2631 State Funds $182,098,203 Tobacco Funds $10,255,138 State General Funds $171,843,065 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $170,456,263 $303,400,680 Recognize efficiencies within the Department of Human Resources through the implementation of an ASO provided by the Department of Community Health. ($500,519) ($500,519) Realign the program and sub-program structure within $0 $0 the Department of Human Resources Recognize an increase in the federal match rate by adjusting state funds. ($500,000) ($500,000) Realize savings by reducing non-Psychiatrist Physicians at Central State Hospital. ($2,100,000) ($2,100,000) Annualize the cost of 925 waiver slots on the Mental $2,648,987 $6,878,700 Retardation/Developmental Disabilities Waiting List. Fund 750 waiver slots for consumers on the Mental $9,993,472 $20,873,177 Retardation/Developmental Disabilities Waiting List. Transfer TANF funds to support developmental disabilities for adults to child and adolescent services $0 ($3,487,988) Amount appropriated in this Act $182,098,203 $326,664,050 Adult Essential Health Treatment Services To provide treatment and services to low income Georgians with cancer, Georgians at risk of stroke or heart attacks, and refugees. Total Funds $15,412,381 Federal and Other Funds $1,329,567 Federal Funds Not specifically Identified $118,690 Preventive Health and Health Services Block Grant $1,210,877 State Funds $14,082,814 Tobacco Funds $5,000,000 State General Funds $9,082,814 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 2632 JOURNAL OF THE HOUSE State Funds Total Funds Amount from prior Appropriation Act (HB 85) $11,539,990 $12,869,557 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $133,058 $133,058 Annualize the cost of the FY2006 salary adjustment. $436,170 $436,170 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $158,445 $158,445 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $519,388 $519,388 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $38,689 $38,689 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $40,699 $40,699 Provide funding for the Cancer State Aid sub-program of the Essential Public Health Clinical Services program to treat low-income, uninsured or underinsured patients with survivable cancers. $1,452,545 $1,452,545 Increase funding to purchase factor concentrate for people with hemophilia who lack health insurance, Medicaid, or Medicare. $100,000 $100,000 Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta, Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on population. $100,000 $100,000 Create a study committee to evaluate the mission of the Division of Public Health, its community funding formula, and salaries of its employees. $0 $0 Amount appropriated in this Act $14,082,814 $15,412,381 Adult Forensic Services To provide evaluation, treatment and residential services to adult clients referred by Georgia's criminal justice or corrections system. Total Funds $33,892,100 Federal and Other Funds $1,115,408 Federal Funds Not specifically Identified $1,115,408 State Funds $32,776,692 WEDNESDAY, MARCH 8, 2006 2633 State General Funds $32,776,692 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $25,665,915 $26,781,323 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Amount appropriated in this Act $32,776,692 $33,892,100 Adult Mental Health Services To provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. Total Funds $175,773,338 Federal and Other Funds $15,363,620 Federal Funds Not specifically Identified $4,953,326 Agency Funds $2,935,696 Community Mental Health Services Block Grant $7,474,598 State Funds $160,409,718 State General Funds $160,409,718 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $174,319,232 $189,334,642 Evaluate all state mental health hospitals and begin planning for the privatization of at least one facility. $0 $0 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Transfer state funds from the Adult Services program ($17,910,517) ($17,910,517) to the Department of Community Health's Low Income Medicaid program to implement Georgia Healthy Families which serves Medicaid clients that receive mental health services. Transfer $399,881 from the Information Technology subprogram of the Administration program to the Adult Services program to adjust Georgia Technology Authority rate funding. $399,881 $399,881 2634 JOURNAL OF THE HOUSE Provide community services and forensic placements for consumers at West Central Georgia Regional Hospital through the following strategies: a. Transfer 20 adult mental health beds to Northwest Georgia Regional Hospital by October 1, 2006; b. Transfer 35 adult mental health consumers to the community by March 1, 2007; c. Provide community adult crisis stabilization services by establishing 2 16-bed units by October 1, 2006; d. Transfer 40 forensic beds to Georgia Regional Hospital Savannah by June 15, 2007; e. Provide community forensic transition services by establishing a 6-bed community integration home by February 1, 2007; f. Provide court ordered community placement for 35 forensic consumers by June 1, 2007; g. Transfer administration of 8 adolescent transition beds to Southwestern State Hospital. $1,600,643 $1,600,643 Provide for case management and other support services in the Adult Services program for adult mental health and addictive disease consumers being treated in the community. $427,000 $525,210 Provide funds for one adult crisis stabilization unit in $1,523,479 the Adult Services program so that consumers can be served in the community rather than at a state hospital. $1,773,479 Add one-time funding to support the new building project for the Savannah Area Behavioral Health Collaborative. $50,000 $50,000 Amount appropriated in this Act $160,409,718 $175,773,338 Adult Nursing Home Services To provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. Total Funds $1,708,162 Federal and Other Funds $1,561,791 Federal Funds Not specifically Identified $14,551 Agency Funds $1,547,240 State Funds $146,371 State General Funds $146,371 WEDNESDAY, MARCH 8, 2006 2635 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,495,494 $3,057,285 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Realize savings by consolidating the Craig Nursing ($1,349,123) ($1,349,123) Center and the Nursing Home Center at Central State Hospital and eliminate 38 positions. Amount appropriated in this Act $146,371 $1,708,162 After School Care To expand the provision of after school care services and draw down TANF maintenance of effort funds. Total Funds $14,000,000 Federal and Other Funds $10,000,000 Temporary Assistance for Needy Families Block Grant $10,000,000 State Funds $4,000,000 State General Funds $4,000,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,000,000 $14,000,000 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Amount appropriated in this Act $4,000,000 $14,000,000 Child and Adolescent Addictive Disease Services To provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to productive living. Total Funds $23,685,299 Federal and Other Funds $14,452,912 Prevention and Treatment of Substance Abuse Block Grant $14,452,912 State Funds $9,232,387 State General Funds $9,232,387 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 2636 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Realign the program and sub-program structure within the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act State Funds Total Funds $9,232,387 $23,685,299 $0 $0 $660,738 $786,802 $660,738 $786,802 $164,797 $164,797 $9,232,387 $23,685,299 Child and Adolescent Developmental Disability Services To provide evaluation, residential, support, and education services to promote independence for children and adolescents with developmental disabilities. Total Funds $23,553,115 Federal and Other Funds $9,723,652 Federal Funds Not specifically Identified $6,235,664 TANF Block Grant Transfers to Social Services Block Grant $3,487,988 State Funds $13,829,463 State General Funds $13,829,463 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $8,694,426 $11,826,023 Recognize efficiencies within the Department of Human Resources through the implementation of an ASO provided by the Department of Community Health. ($94,319) ($94,319) Realign the program and sub-program structure within $0 $0 the Department of Human Resources Transfer the American Association of Adapted Sports Program contract from the Department of Labor's Roosevelt Warm Springs Institute program to the Community Services - Child and Adolescent Developmental Disabilities subprogram of the Child and Adolescent Services program. $284,069 $284,069 Annualize the cost of 925 waiver slots on the Mental Retardation/Developmental Disabilities Waiting List. $548,430 $1,424,123 WEDNESDAY, MARCH 8, 2006 2637 Fund 750 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting List. Provide additional funding for the American Association Of Adapted Sports program to expand services statewide. Provide additional funding for the Marcus Institute to serve children with disabilities. Provide additional funding for the Matthew Reardon Center to serve children with disabilities. Transfer TANF funds to support developmental disabilities for adults to child and adolescent services Amount appropriated in this Act $2,046,857 $250,000 $2,000,000 $100,000 $0 $13,829,463 $4,275,231 $250,000 $2,000,000 $100,000 $3,487,988 $23,553,115 Child and Adolescent Forensic Services To provide evaluation, treatment and residential services to children and adolescents clients referred by Georgia's criminal justice or corrections system. Total Funds $6,032,738 Federal and Other Funds $1,213,587 Federal Funds Not specifically Identified $276,000 Agency Funds $937,587 State Funds $4,819,151 State General Funds $4,819,151 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,789,534 $2,727,121 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Transfer $93,507 from the Information Technology subprogram of the Administration program to the Child and Adolescent Services program to adjust Georgia Technology Authority rate funding. $93,507 $93,507 Provide a savings by transferring 19 mentally retarded and seriously emotionally disturbed child and adolescent consumers from Northwest Georgia Regional Hospital to the community in the Child and Adolescent Services program. ($1,002,687) ($1,002,687) 2638 JOURNAL OF THE HOUSE Provide child and adolescent crisis stabilization services in the Child and Adolescent Services program. Amount appropriated in this Act $3,774,000 $4,050,000 $4,819,151 $6,032,738 Child and Adolescent Mental Health Services To provide evaluation, treatment, crisis stabilization, and residential services to children and adolescents with mental illness. Total Funds $71,546,710 Federal and Other Funds $5,368,929 Federal Funds Not specifically Identified $3,105 Community Mental Health Services Block Grant $5,365,824 State Funds $66,177,781 State General Funds $66,177,781 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $64,730,241 $70,099,170 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Amount appropriated in this Act $66,177,781 $71,546,710 Child Support Services 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 $67,502,816 Federal and Other Funds $51,919,936 Federal Funds Not specifically Identified $51,499,936 Agency Funds $300,000 Social Services Block Grant $120,000 State Funds $15,582,880 State General Funds $15,582,880 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $15,508,672 $67,816,843 WEDNESDAY, MARCH 8, 2006 2639 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $125,164 $125,164 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $149,044 $149,044 Reduce administrative costs. ($200,000) ($588,235) Amount appropriated in this Act $15,582,880 $67,502,816 Child Welfare Services To encourage and enforce the parental responsibility of paying financial support. Total Funds $263,027,259 Federal and Other Funds $199,886,803 Federal Funds Not specifically Identified $73,461,409 Agency Funds $13,490,604 Temporary Assistance for Needy Families Block Grant $80,469,658 Social Services Block Grant $5,018,743 Foster Care Title IV-E $13,431,881 TANF Block Grant Transfers to Social Services Block Grant $14,014,508 State Funds $63,140,456 State General Funds $63,140,456 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $60,124,883 $230,325,811 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $205,240 $205,240 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $244,398 $244,398 Replace tobacco funds with state general funds. $0 $0 Realize efficiencies through the consolidation of DFCS county management in the Child Welfare Services program and eliminate 60 positions through attrition. ($1,503,900) ($3,000,000) Recognize an increase in the federal match rate by adjusting state funds. ($335,972) ($335,972) Reduce contracts and operating cost. ($31,718) ($31,718) 2640 JOURNAL OF THE HOUSE Provide TANF funds in the Child Welfare Services program for Child Advocacy Centers to help reduce trauma to victims of sexual abuse and increase prosecutions of perpetrators. $0 $250,000 Provide TANF funds in the Child Welfare Services program for Court Appointed Special Advocates to assist an additional 1,000 abused or neglected children in juvenile court deprivation proceedings. $0 $280,000 Annualize the cost of 500 additional Child Protective Services caseworkers in the Child Welfare Services program. $4,437,525 $9,389,500 Adjust federal funds. $0 $2,000,000 Remove TANF funds transferred to SSBG to be used for Child Welfare Services $0 ($6,100,000) Increase TANF funding for the prevention of unnecessary placement services $0 $4,000,000 Increase TANF funding to counties for Child Protective Services work activities $0 $23,800,000 Increase TANF funding for child welfare diversion $0 $2,000,000 Amount appropriated in this Act $63,140,456 $263,027,259 Childcare Services To investigate allegations of child abuse, abandonment and neglect and to provide services to protect the child and strengthen the family. Total Funds $232,064,481 Federal and Other Funds $173,139,203 Federal Funds Not specifically Identified $32,580,082 Agency Funds $832,728 Temporary Assistance for Needy Families Block Grant $29,700,000 Social Services Block Grant $90 Child Care and Development Block Grant $110,026,303 State Funds $58,925,278 State General Funds $58,925,278 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $57,805,665 $194,944,868 WEDNESDAY, MARCH 8, 2006 2641 Increase CCDF funding to improve child care rate reimbursement and the number of children served. Realign the program and sub-program structure within the Department of Human Resources Supplant CCDF funds, transferred from TANF funds, with TANF unobligated balance funds Amount appropriated in this Act $0 $36,000,000 $0 $0 $0 $0 $58,925,278 $232,064,481 Direct Care Support Services To provide facility support services and direct patient support therapies. Total Funds $151,264,509 Federal and Other Funds $53,557,052 Federal Funds Not specifically Identified $5,880,862 Agency Funds $47,676,190 State Funds $97,707,457 State General Funds $97,707,457 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $94,448,798 $148,005,850 Realign the program and sub-program structure within the Department of Human Resources $0 $0 Annualize the cost of the FY2006 salary adjustment. $888,872 $888,872 Provide for a salary increase in FY 2007 of up to 4% $1,058,460 $1,058,460 effective January 1, 2007. Realize savings by consolidating the Craig Nursing Center and the Nursing Home Center at Central State Hospital and eliminate 38 positions. ($150,877) ($150,877) Provide community services and forensic placements for consumers at West Central Georgia Regional Hospital through the following strategies: a. Transfer 20 adult mental health beds to Northwest Georgia Regional Hospital by October 1, 2006; b. Transfer 35 adult mental health consumers to the community by March 1, 2007; c. Provide community adult crisis stabilization services by establishing 2 16-bed units by October 1, 2006; d. Transfer 40 forensic beds to Georgia Regional $1,462,204 $1,462,204 2642 JOURNAL OF THE HOUSE Hospital Savannah by June 15, 2007; e. Provide community forensic transition services by establishing a 6-bed community integration home by February 1, 2007; f. Provide court ordered community placement for 35 forensic consumers by June 1, 2007; g. Transfer administration of 8 adolescent transition beds to Southwestern State Hospital. Amount appropriated in this Act $97,707,457 $151,264,509 Elder Abuse and Fraud Prevention To prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred. Total Funds $15,370,535 Federal and Other Funds $7,024,297 Federal Funds Not specifically Identified $4,744,758 Social Services Block Grant $2,279,539 State Funds $8,346,238 State General Funds $8,346,238 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $8,171,437 $15,195,734 Realign the program and sub-program structure within the Department of Human Resources $0 $0 Annualize the cost of the FY2006 salary adjustment. $79,789 $79,789 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $95,012 $95,012 Amount appropriated in this Act $8,346,238 $15,370,535 Elder Community Living Services To provide Georgians who need nursing home level of care the option of remaining in their own communities. Total Funds $108,690,373 Federal and Other Funds $34,184,121 Federal Funds Not specifically Identified $30,422,691 Social Services Block Grant $3,761,430 State Funds $74,506,252 WEDNESDAY, MARCH 8, 2006 2643 Tobacco Funds $5,465,745 State General Funds $69,040,507 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $71,050,361 $104,535,437 Recognize efficiencies within the Department of Human Resources through the implementation of an ASO provided by the Department of Community Health. ($130,574) ($130,574) Realign the program and sub-program structure within the Department of Human Resources $0 $0 Recognize an increase in the federal match rate by adjusting state funds. ($28,865) ($28,865) Provide funds for an additional 500 slots in the Community Care Services Program for eligible elderly clients which will provide services that will enable them to continue to live at home. $3,615,330 $4,314,375 Amount appropriated in this Act $74,506,252 $108,690,373 Elder Support Services To assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition, and other support and education services. Total Funds $9,494,418 Federal and Other Funds $5,470,220 Federal Funds Not specifically Identified $5,470,220 State Funds $4,024,198 Tobacco Funds $2,534,647 State General Funds $1,489,551 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,534,647 $8,004,867 Realign the program and sub-program structure within the Department of Human Resources $0 $0 Annualize the cost of the FY2006 salary adjustment. $6,642 $6,642 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $7,909 $7,909 2644 JOURNAL OF THE HOUSE Improve customer service by expanding the Division of Aging Services' information, screening, and assistance (Gateway) operation to include service to individuals with developmental disabilities (MH/DD/AD). Provide additional funding for Naturally Occurring Retirement Communities (NORC). Provide one-time funding for construction and the expansion of the Ruth Byck Adult Day Care in Savannah, GA. Amount appropriated in this Act $1,300,000 $125,000 $50,000 $4,024,198 $1,300,000 $125,000 $50,000 $9,494,418 Eligibility Determination To promote access to health care for low income families, children, pregnant women and persons who are aged, blind or disabled. Total Funds $50,061,214 Federal and Other Funds $24,377,800 Federal Funds Not specifically Identified $22,668,459 Agency Funds $1,709,341 State Funds $25,683,414 State General Funds $25,683,414 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $25,683,414 $50,061,214 Realign the program and sub-program structure within the Department of Human Resources $0 $0 Amount appropriated in this Act $25,683,414 $50,061,214 Emergency Preparedness/Trauma System Improvement To prepare for natural disasters, bioterrorism, and other emergencies as well as improving the capacity of the state's trauma system. Total Funds $9,989,265 Federal and Other Funds $1,147,504 Federal Funds Not specifically Identified $1,147,504 State Funds $8,841,761 State General Funds $8,841,761 WEDNESDAY, MARCH 8, 2006 2645 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,798,557 $5,946,061 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $16,713 $16,713 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $19,902 $19,902 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $6,589 $6,589 Initiate trauma care funding to subsidize designated $4,000,000 trauma centers uncompensated care costs for the provision of direct patient care to victims of traumatic injuries. Funding allocation should be pooled based on designations: a. Level I Centers receiving 55% of initial funding b. Level II Centers receiving 38% of initial funding c. Pediatric Centers receiving 5% of initial funding d. Level III Centers receiving 2% of initial funding $4,000,000 Create a study committee to evaluate the mission of $0 $0 the Division of Public Health, its community funding formula, and salaries of its employees. Amount appropriated in this Act $8,841,761 $9,989,265 Energy Assistance To assist low-income households in meeting their immediate home energy needs. Total Funds $19,371,500 Federal and Other Funds $18,623,684 Agency Funds $40,269 Low-Income Home Energy Assistance $18,583,415 State Funds $747,816 State General Funds $747,816 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $747,816 $19,371,500 2646 JOURNAL OF THE HOUSE Realign the program and sub-program structure within the Department of Human Resources Amount appropriated in this Act $0 $0 $747,816 $19,371,500 Epidemiology To monitor, investigate, and respond to disease, injury, and other events of public health concern. Total Funds $5,679,593 Federal and Other Funds $372,341 Federal Funds Not specifically Identified $175,591 Preventive Health and Health Services Block Grant $196,750 State Funds $5,307,252 Tobacco Funds $115,637 State General Funds $5,191,615 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,054,290 $5,426,631 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $115,466 $115,466 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $137,496 $137,496 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $3,645 $3,645 Create a study committee to evaluate the mission of the $0 $0 Division of Public Health, its community funding formula, and salaries of its employees. Amount appropriated in this Act $5,307,252 $5,679,593 Facility and Provider Regulation To inspect and license foster care residential facilities, child placing agencies, long term care and health care facilities. Total Funds $13,818,307 Federal and Other Funds $6,534,304 Federal Funds Not specifically Identified $6,534,304 State Funds $7,284,003 WEDNESDAY, MARCH 8, 2006 2647 State General Funds $7,284,003 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,752,292 $13,286,596 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $34,957 $34,957 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $41,627 $41,627 Provide funds to increase inspection of licensed residential child caring facilities in the Regulatory Compliance program. $534,716 $534,716 Reduce administrative costs. ($79,589) ($79,589) Amount appropriated in this Act $7,284,003 $13,818,307 Family Violence Services To provide safe shelter and related services for victims of family violence. Total Funds $10,277,769 Federal and Other Funds $5,349,430 Federal Funds Not specifically Identified $122 Agency Funds $3,617 Temporary Assistance for Needy Families Block Grant $5,065,244 Foster Care Title IV-E $280,447 State Funds $4,928,339 State General Funds $4,928,339 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,701,950 $8,551,380 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $634 $634 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $755 $755 2648 JOURNAL OF THE HOUSE Create 3 new rape crisis centers in the areas of most need of the northern, southern, and eastern regions of the State of Georgia. Increase TANF funding for family violence services Amount appropriated in this Act $225,000 $225,000 $0 $1,500,000 $4,928,339 $10,277,769 Federal and Unobligated Balances To reflect balances of federal funds from prior years. No services are provided. Total Funds $39,870,241 Federal and Other Funds $39,870,241 Temporary Assistance for Needy Families Block Grant $8,290,241 Social Services Block Grant $4,980,000 Child Care and Development Block Grant $26,600,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $236,180,668 Reflect Social Services Block Grant reserved funds appropriated in the FY 2006 Budget. $0 ($4,950,000) Transfer reserved Social Service Block Grant funding to various programs to cover current cost initiatives. $0 ($4,860,000) Reflect Child Care Development Fund (CCDF) reserved funds appropriated in the FY 2006 Budget. $0 ($21,300,427) Transfer reserved Child Care Development Funds (CCDF) to various programs to cover current cost initiatives. $0 ($26,700,000) Realign the program and sub-program structure within $0 $0 the Department of Human Resources Transfer reserved TANF funding to various programs to cover new cost initiatives in the current FY 2007 budget $0 ($85,600,000) Reflect TANF reserved funds appropriated in the FY 2006 Budget $0 ($52,900,000) Amount appropriated in this Act $0 $39,870,241 Food Stamp Eligibility & Benefits To promote the nutritional well being of Georgia's low-income families and children by providing assistance in purchasing groceries. WEDNESDAY, MARCH 8, 2006 2649 Total Funds $53,244,951 Federal and Other Funds $29,693,542 Federal Funds Not specifically Identified $25,663,448 Agency Funds $2,125,153 Foster Care Title IV-E $1,904,941 State Funds $23,551,409 State General Funds $23,551,409 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $23,551,409 $53,244,951 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Amount appropriated in this Act $23,551,409 $53,244,951 Immunization To provide immunization, consultation, training, assessment, vaccines and technical assistance. Total Funds $18,228,970 Federal and Other Funds $8,769,874 Federal Funds Not specifically Identified $1,303,416 Maternal and Child Health Services Block Grant $6,762,746 Preventive Health and Health Services Block Grant $703,712 State Funds $9,459,096 State General Funds $9,459,096 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,022,926 $17,792,800 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Create a study committee to evaluate the mission of the Division of Public Health, its community funding formula, and salaries of its employees. $0 $0 Amount appropriated in this Act $9,459,096 $18,228,970 2650 JOURNAL OF THE HOUSE Infant and Child Essential Health Treatment Services To avoid unnecessary health problems in later life by providing comprehensive health services to infant and children. Total Funds $44,428,431 Federal and Other Funds $11,481,664 Federal Funds Not specifically Identified $3,253,388 Maternal and Child Health Services Block Grant $7,960,921 Preventive Health and Health Services Block Grant $267,355 State Funds $32,946,767 State General Funds $32,946,767 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $32,846,767 $44,328,431 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Add supplemental Public Health Grant-In-Aid funding to the 14 lowest per capita funded counties based on population. $100,000 $100,000 Create a study committee to evaluate the mission of the Division of Public Health, its community funding formula, and salaries of its employees. $0 $0 Amount appropriated in this Act $32,946,767 $44,428,431 Infant and Child Health Promotion To provide education and services to promote health and nutrition for infants and children. Total Funds $108,149,705 Federal and Other Funds $94,313,893 Federal Funds Not specifically Identified $90,546,377 Agency Funds $70,688 Other Funds $2,281,919 Maternal and Child Health Services Block Grant $1,258,688 Preventive Health and Health Services Block Grant $156,221 State Funds $13,835,812 State General Funds $13,835,812 WEDNESDAY, MARCH 8, 2006 2651 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $15,497,296 $107,529,270 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Replace tobacco funds with state general funds. $0 $0 Increase the number of newborn screening tests ($2,281,919) $0 currently performed from 13 to 29 to improve health and developmental outcomes for children. Reflect a $40 fee and reduce state funds in the Comprehensive Child Health subprogram. Reduce contracts and operating cost. ($125,000) ($125,000) Provide additional funding for prenatal care through the Babies Born Healthy program. $500,000 $500,000 Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta, Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on population. $100,000 $100,000 Create a study committee to evaluate the mission of the Division of Public Health, its community funding formula, and salaries of its employees. $0 $0 Amount appropriated in this Act $13,835,812 $108,149,705 Infectious Disease Control To ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. Total Funds $45,404,680 Federal and Other Funds $10,939,695 Federal Funds Not specifically Identified $10,705,829 Agency Funds $150,000 Maternal and Child Health Services Block Grant $83,866 State Funds $34,464,985 State General Funds $34,464,985 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 2652 JOURNAL OF THE HOUSE State Funds Total Funds Amount from prior Appropriation Act (HB 85) $34,260,688 $45,200,383 Provide funding for Hepatitis C testing within the Department of Public Health. $104,297 $104,297 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Replace tobacco funds with state general funds. $0 $0 Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta, Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on population. $100,000 $100,000 Create a study committee to evaluate the mission of the Division of Public Health, its community funding formula, and salaries of its employees. $0 $0 Amount appropriated in this Act $34,464,985 $45,404,680 Injury Prevention To provide education and services to prevent injuries due to suicide, fires, automobile accidents, violence against women, shaken babies, and child accidents. Total Funds $539,398 Federal and Other Funds $112,005 Preventive Health and Health Services Block Grant $112,005 State Funds $427,393 State General Funds $427,393 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $277,393 $389,398 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Begin a State run program providing suicide prevention services through the Division of Public Health. $150,000 $150,000 Create a study committee to evaluate the mission of the Division of Public Health, its community funding formula, and salaries of its employees. $0 $0 Amount appropriated in this Act $427,393 $539,398 WEDNESDAY, MARCH 8, 2006 2653 Inspections and Environmental Hazard Control To detect and prevent environmental hazards as well as providing inspection and enforcement of health regulations for food service establishments, sewage management facilities, swimming pools. Total Funds $14,955,915 Federal and Other Funds $543,732 Federal Funds Not specifically Identified $12,257 Maternal and Child Health Services Block Grant $194,703 Preventive Health and Health Services Block Grant $336,772 State Funds $14,412,183 State General Funds $14,412,183 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $14,289,821 $14,833,553 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $45,286 $45,286 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $53,926 $53,926 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $23,150 $23,150 Create a study committee to evaluate the mission of the Division of Public Health, its community funding formula, and salaries of its employees. $0 $0 Amount appropriated in this Act $14,412,183 $14,955,915 Out-of-Home Care To provide safe and appropriate temporary homes for children removed from their families due to neglect, abuse, or abandonment. Total Funds $312,482,000 Federal and Other Funds $163,526,130 Federal Funds Not specifically Identified $49,010,224 Agency Funds $33,086,084 Temporary Assistance for Needy Families Block Grant $52,092,799 Social Services Block Grant $3,600,000 Foster Care Title IV-E $25,737,023 2654 JOURNAL OF THE HOUSE State Funds $148,955,870 State General Funds $148,955,870 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $148,950,713 $303,915,132 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $143,264 $143,264 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $170,598 $170,598 Recognize an increase in the federal match rate by adjusting state funds. ($1,076,904) ($1,076,904) Increase the relative care subsidy rate in the Family Foster Care subprogram of the Out of Home Care program to 80% of the family foster care rate using TANF funds to increase the number of children placed with relatives. $0 $7,450,000 Provide TANF funds in the Family Foster Care subprogram of the Out of Home Care program for an additional $100 per month per child to foster parents caring for sibling groups of 3 or more children. $0 $1,098,000 Increase family foster care per diem rates in the Family Foster Care subprogram in the Out of Home Care program by 3.2%, consistent with the Consumer Price Index (CPI) increase. $768,199 $1,581,910 Reduce TANF funding for initial foster care services $0 ($800,000) Amount appropriated in this Act $148,955,870 $312,482,000 Refugee Assistance To provide employment, health screening, medical, cash, and social services assistance to refugees. Total Funds $3,699,665 Federal and Other Funds $3,184,005 Federal Funds Not specifically Identified $3,103,467 Agency Funds $80,538 State Funds $515,660 State General Funds $515,660 WEDNESDAY, MARCH 8, 2006 2655 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $515,660 $3,699,665 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Amount appropriated in this Act $515,660 $3,699,665 Substance Abuse Prevention Services 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 $11,271,176 Federal and Other Funds $10,512,485 Federal Funds Not specifically Identified $320,397 Prevention and Treatment of Substance Abuse Block Grant $10,192,088 State Funds $758,691 State General Funds $758,691 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $669,605 $11,182,090 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $40,664 $40,664 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $48,422 $48,422 Amount appropriated in this Act $758,691 $11,271,176 Support for Needy Families - Admin. & Family Assistance To provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance for Needy Families program. Total Funds $64,265,422 Federal and Other Funds $47,826,845 Federal Funds Not specifically Identified $20,548,436 Agency Funds $2,786,034 Temporary Assistance for Needy Families Block Grant $5,991,093 Foster Care Title IV-E $1,316,099 2656 JOURNAL OF THE HOUSE Community Services Block Grant $17,185,183 State Funds $16,438,577 State General Funds $16,438,577 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $17,069,906 $71,196,751 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $511,054 $511,054 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $608,559 $608,559 Recognize an increase in the federal match rate by adjusting state funds. ($631,329) ($631,329) Reduce TANF funding to support administration $0 ($9,300,000) Increase TANF funding for the SNAP program at the Atlanta Food Bank $0 $1,000,000 Increase TANF funding for a pay evaluation of the Office of Family Independence $0 $2,000,000 Amount appropriated in this Act $16,438,577 $64,265,422 Support for Needy Families - Basic Assistance To administer and aid needy families in the accomplishment of Georgia's state plan for the federal Temporary Assistance for Needy Families program. Total Funds $126,788,339 Federal and Other Funds $112,388,339 Other Funds $20,000,000 Temporary Assistance for Needy Families Block Grant $72,388,339 TANF Block Grant Unobligated Balance $20,000,000 State Funds $14,400,000 State General Funds $14,400,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $14,400,000 $129,188,339 Realign the program and sub-program structure within $0 $0 the Department of Human Resources WEDNESDAY, MARCH 8, 2006 2657 Reduce TANF funding to Cash Assistance based on declining caseloads Add additional TANF funds to serve clients with wage disregard Amount appropriated in this Act $0 ($17,500,000) $0 $15,100,000 $14,400,000 $126,788,339 Support for Needy Families - Work Assistance To assist needy Georgian families achieve self sufficiency by obtaining and keeping employment as well as complying with Georgia's state plan for the federal Temporary Assistance for Needy Families program. Total Funds $99,768,497 Federal and Other Funds $73,768,497 Federal Funds Not specifically Identified $20,337,000 Temporary Assistance for Needy Families Block Grant $53,431,497 State Funds $26,000,000 State General Funds $26,000,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $26,000,000 $65,331,497 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Provide TANF funds in the Temporary Assistance for Needy Families subprogram of the Economic Assistance program to enhance TANF employment retention efforts including filling vacant positions to work with and support the most difficult to serve TANF clients. $0 $18,000,000 Provide TANF funds in the Temporary Assistance for Needy Families subprogram of the Economic Assistance program for the TeenWork program to allow for the employment of teenagers in TANF families. $0 $740,000 Provide TANF funds in the Temporary Assistance for Needy Families subprogram of the Economic Assistance program to develop a support system to assist seriously mentally ill or disabled TANF clients apply for SSI or enter a specialized work program. $0 $1,597,000 2658 JOURNAL OF THE HOUSE Decrease TANF funding for the Good Works and job placement program Increase TANF funding for Charitable Choice Increase TANF funding for translation services Increase TANF funding to counties performing eligibility and employability work activities Amount appropriated in this Act $0 ($6,500,000) $0 $4,000,000 $0 $16,100,000 $0 $500,000 $26,000,000 $99,768,497 Vital Records To register, enter, archive and provide to the public in a timely manner, vital records and associated documents. Total Funds $2,355,939 Federal and Other Funds $288,204 Federal Funds Not specifically Identified $288,204 State Funds $2,067,735 State General Funds $2,067,735 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,064,090 $2,352,294 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Create a study committee to evaluate the mission of the Division of Public Health, its community funding formula, and salaries of its employees. $0 $0 Amount appropriated in this Act $2,067,735 $2,355,939 The following appropriations are for agencies attached for administrative purposes. Brain and Spinal Injury Trust Fund 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 $3,007,691 State Funds $3,007,691 State General Funds $7,691 WEDNESDAY, MARCH 8, 2006 2659 Brain and Spinal Injury Trust Fund $3,000,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,000,000 $3,000,000 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $854 $854 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $2,136 $2,136 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $4,001 $4,001 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $700 $700 Amount appropriated in this Act $3,007,691 $3,007,691 Child Fatality Review Panel To permit low income families to be self-reliant while protecting the safety and wellbeing of their children by ensuring access to child care. Total Funds $338,832 State Funds $338,832 State General Funds $338,832 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $334,562 $334,562 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $160 $160 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $400 $400 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $3,360 $3,360 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $350 $350 Amount appropriated in this Act $338,832 $338,832 2660 JOURNAL OF THE HOUSE Children's Trust Fund Commission To support the establishment of community-based educational and service programs designed to reduce the occurrence of child abuse and neglect. Total Funds $6,944,828 State Funds $6,944,828 State General Funds $6,944,828 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,932,873 $6,932,873 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $1,853 $1,853 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $4,633 $4,633 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $5,002 $5,002 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $467 $467 Replace tobacco funds with state general funds. $0 $0 Amount appropriated in this Act $6,944,828 $6,944,828 Council on Aging 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 $174,761 State Funds $174,761 State General Funds $174,761 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $148,951 $148,951 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $960 $960 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $2,400 $2,400 WEDNESDAY, MARCH 8, 2006 2661 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Provide additional operating expenses for the Georgia Council on Aging. Amount appropriated in this Act $2,450 $20,000 $174,761 $2,450 $20,000 $174,761 Developmental Disabilities, Council on To promote quality services and support for people with developmental disabilities and their families. Total Funds $2,291,707 Federal and Other Funds $2,262,002 Federal Funds Not specifically Identified $2,262,002 State Funds $29,705 State General Funds $29,705 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $29,241 $2,277,634 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $82 $82 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $205 $205 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $177 $13,786 Amount appropriated in this Act $29,705 $2,291,707 Family Connection To provide a statewide network of county collaboratives that work to improve conditions for children and families. Total Funds $10,862,572 Federal and Other Funds $1,475,000 Federal Funds Not specifically Identified $275,000 Temporary Assistance for Needy Families Block Grant $1,200,000 State Funds $9,387,572 2662 JOURNAL OF THE HOUSE State General Funds $9,387,572 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,130,281 $10,605,281 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $1,447 $1,447 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $3,618 $3,618 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $2,226 $2,226 Provide evaluation and technical assistance funding to Family Connection Partnership. $250,000 $250,000 Amount appropriated in this Act $9,387,572 $10,862,572 Assistance to Disabled Children To provide for reimbursements for health care services delivered after April 1, 2006 for children who qualify under the Social Security Income clinically eligible criteria but not the income eligibility criteria and not covered by any other government program. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Provide $7,600,000 one-time state appropriated funds $0 $0 authorizing DHR to select a fiscal intermediary to establish an independently operated Foundation who will determine the vehicle for distributing the funds, HB 1026. Amount appropriated in this Act $0 $0 Section 28: Insurance, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds $18,738,528 $1,051,787 $954,555 $81,945 WEDNESDAY, MARCH 8, 2006 2663 Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $15,287 $17,686,741 $17,686,741 $0 $0 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 $2,295,936 State Funds $2,295,936 State General Funds $2,295,936 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,203,831 $2,203,831 Annualize the cost of the FY2006 salary adjustment. $32,401 $32,401 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $18,271 $18,271 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $2,717 $2,717 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $36,547 $36,547 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,169 $2,169 Amount appropriated in this Act $2,295,936 $2,295,936 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 $812,230 State Funds $812,230 State General Funds $812,230 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 2664 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act State Funds $767,482 $15,000 $6,131 $10,625 $12,264 $728 $812,230 Total Funds $767,482 $15,000 $6,131 $10,625 $12,264 $728 $812,230 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 $6,186,518 Federal and Other Funds $1,051,787 Federal Funds Not specifically Identified $954,555 Agency Funds $81,945 Other Funds $15,287 State Funds $5,134,731 State General Funds $5,134,731 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,955,173 $5,991,673 Annualize the cost of the FY2006 salary adjustment. $32,401 $32,401 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $39,232 $39,232 Provide for an adjustment to the Georgia Building $0 $0 Authority (GBA) real estate rental rate for office space. Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $22,224 $22,224 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $81,043 $96,330 WEDNESDAY, MARCH 8, 2006 2665 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,658 Amount appropriated in this Act $5,134,731 $4,658 $6,186,518 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 $723,126 State Funds $723,126 State General Funds $723,126 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $688,827 $688,827 Annualize the cost of the FY2006 salary adjustment. $15,000 $15,000 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $5,479 $5,479 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $2,211 $2,211 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $10,959 $10,959 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $650 $650 Amount appropriated in this Act $723,126 $723,126 Insurance Regulation The purpose is to ensure that licensed insurance entities maintain solvency, comply with state law and adopted rules, regulations and standards. Total Funds $5,617,954 State Funds $5,617,954 State General Funds $5,617,954 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,396,059 $5,396,059 Annualize the cost of the FY2006 salary adjustment. $32,401 $32,401 2666 JOURNAL OF THE HOUSE Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $43,952 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $52,407 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $87,916 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $5,219 Amount appropriated in this Act $5,617,954 $43,952 $52,407 $87,916 $5,219 $5,617,954 Special Fraud The purpose is to identify and take appropriate action to deter insurance fraud. Total Funds $3,102,764 State Funds $3,102,764 State General Funds $3,102,764 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,803,036 $2,803,036 Annualize the cost of the FY2006 salary adjustment. $2,400 $2,400 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $20,598 $20,598 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $36,121 $36,121 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $41,200 $41,200 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,445 $2,445 Increase funding for Special Fraud program. $196,964 $196,964 Amount appropriated in this Act $3,102,764 $3,102,764 Section 29: Investigation, Georgia Bureau of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds $100,374,584 $34,771,198 $29,883,487 $4,671,438 WEDNESDAY, MARCH 8, 2006 2667 Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $216,273 $65,603,386 $65,603,386 $0 $0 Administration 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 $9,642,323 Federal and Other Funds $8,246 Federal Funds Not specifically Identified $6,812 Other Funds $1,434 State Funds $9,634,077 State General Funds $9,634,077 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,463,895 $9,470,707 Annualize the cost of the FY2006 salary adjustment. $33,193 $33,193 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $55,802 $55,802 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $73,254 $74,688 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $7,933 $7,933 Amount appropriated in this Act $9,634,077 $9,642,323 Centralized Scientific Services To provide analysis of illicit and licit drugs, unknown substances and fire debris evidence. Total Funds $12,609,152 Federal and Other Funds $3,601 Other Funds $3,601 State Funds $12,605,551 2668 JOURNAL OF THE HOUSE State General Funds $12,605,551 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $12,160,701 $12,160,701 Annualize the cost of the FY2006 salary adjustment. $104,805 $104,805 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $136,667 $136,667 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $183,948 $187,549 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $19,430 $19,430 Realign budgeted funds to meet projected expenditures $0 $0 by program (G: Yes) (H: Yes). Amount appropriated in this Act $12,605,551 $12,609,152 Criminal Justice Information Services To provide fingerprint identification and processing of criminal history source documents to create and update criminal history records. Total Funds $9,761,238 Federal and Other Funds $2,604 Other Funds $2,604 State Funds $9,758,634 State General Funds $9,758,634 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,252,470 $9,252,470 Annualize the cost of the FY2006 salary adjustment. $77,084 $77,084 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $97,882 $97,882 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $133,033 $135,637 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $13,915 $13,915 WEDNESDAY, MARCH 8, 2006 2669 Provide funds to maintain the Uniform Crime Reporting (UCR) Unit. Realign budgeted funds to meet projected expenditures by program (G: Yes) (H: Yes). Amount appropriated in this Act $184,250 $0 $9,758,634 $184,250 $0 $9,761,238 GISAC To serve as the focal point for collection, analysis and dissemination of information relative to threats or attacks, of a terrorist nature, within and against the State of Georgia, its citizens, or infrastructure. Total Funds $818,653 Federal and Other Funds $479 Other Funds $479 State Funds $818,174 State General Funds $818,174 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $775,258 $775,258 Annualize the cost of the FY2006 salary adjustment. $7,289 $7,289 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $9,775 $9,775 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $24,462 $24,941 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,390 $1,390 Amount appropriated in this Act $818,174 $818,653 Regional Forensic Services To provide pathology services to determine cause and manner of death. Total Funds $8,217,921 Federal and Other Funds $2,255 Other Funds $2,255 State Funds $8,215,666 State General Funds $8,215,666 2670 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,926,106 $7,926,106 Annualize the cost of the FY2006 salary adjustment. $73,967 $73,967 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $87,900 $87,900 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $115,197 $117,452 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $12,496 $12,496 Amount appropriated in this Act $8,215,666 $8,217,921 Regional Investigative Services To identify, collect, preserve and process evidence located during crime scene examinations. Total Funds $21,085,358 Federal and Other Funds $204,482 Other Funds $204,482 State Funds $20,880,876 State General Funds $20,880,876 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $19,213,518 $19,213,518 Annualize the cost of the FY2006 salary adjustment. $171,379 $171,379 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $225,494 $225,494 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $306,447 $312,446 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $32,057 $32,057 Replace state funds for applicant polygraph testing in the ($198,483) $0 Polygraph Unit with revenues generated from fee-for- service collections. WEDNESDAY, MARCH 8, 2006 2671 Establish the Meth Force to investigate methamphetamine-related crimes by funding an agent school to fill 15 agent vacancies and associated operating expenses. $1,018,090 $1,018,090 Realign budgeted funds to meet projected expenditures by program (G: Yes) (H: Yes). $0 $0 Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement personnel: Special Agent 3. $112,374 $112,374 Amount appropriated in this Act $20,880,876 $21,085,358 SHCFU To identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. Total Funds $1,124,508 Federal and Other Funds $387 Other Funds $387 State Funds $1,124,121 State General Funds $1,124,121 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,092,276 $1,092,276 Annualize the cost of the FY2006 salary adjustment. $4,191 $4,191 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $6,887 $6,887 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $19,788 $20,175 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $979 $979 Amount appropriated in this Act $1,124,121 $1,124,508 Special Operations Unit To render safe explosive devices of all types. Total Funds Federal and Other Funds $699,354 $200 2672 JOURNAL OF THE HOUSE Other Funds $200 State Funds $699,154 State General Funds $699,154 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $673,951 $673,951 Annualize the cost of the FY2006 salary adjustment. $6,116 $6,116 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $7,782 $7,782 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $10,199 $10,399 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,106 $1,106 Amount appropriated in this Act $699,154 $699,354 Task Forces To provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. Total Funds $984,053 Federal and Other Funds $376 Other Funds $376 State Funds $983,677 State General Funds $983,677 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,033,347 $1,033,347 Annualize the cost of the FY2006 salary adjustment. $7,092 $7,092 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $13,915 $13,915 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $19,222 $19,598 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,978 $1,978 WEDNESDAY, MARCH 8, 2006 2673 Eliminate the High-Intensity Drug Trafficking Area (HIDTA) program, including 2 positions, which duplicates existing local government efforts. Amount appropriated in this Act ($91,877) ($91,877) $983,677 $984,053 The following appropriations are for agencies attached for administrative purposes. Criminal Justice Coordinating Council To improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities and to award grants from Local Law Enforcement and Firefighter Fund. Total Funds $35,432,024 Federal and Other Funds $34,548,568 Federal Funds Not specifically Identified $29,876,675 Agency Funds $4,671,438 Other Funds $455 State Funds $883,456 State General Funds $883,456 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $818,629 $35,366,742 Establish a DUI Court grant program to reduce repeat $0 $0 drunk driving offenses. Annualize the cost of the FY2006 salary adjustment. $3,833 $3,833 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $4,500 $4,500 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $23,205 $23,660 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $544 $544 Increase personal services and operating funds to leverage Federal grant money to be administered in the State. $32,745 $32,745 Amount appropriated in this Act $883,456 $35,432,024 2674 JOURNAL OF THE HOUSE Section 30: Juvenile Justice, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments Governor's Emergency Funds Other Fund Sources Indirect DOAS Funding $318,708,255 $21,313,066 $2,893,133 $18,370,971 $48,962 $297,395,189 $297,395,189 $0 $0 $0 $0 $0 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 $28,311,397 Federal and Other Funds $202,552 Agency Funds $198,219 Other Funds State Funds $4,333 $28,108,845 State General Funds $28,108,845 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $26,168,662 $26,366,881 Annualize the cost of the FY2006 salary adjustment. $160,985 $160,985 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $196,066 $282,603 $196,066 $286,936 Increase funds to reflect an adjustment in the Workers' Compensation premiums. Transfer contract inflation adjustment and other funds from Community Non-Secure Services ($468,733) and $41,052 $177,557 $41,052 $177,557 WEDNESDAY, MARCH 8, 2006 2675 Secure Commitment ($58,011) to Administration ($177,557) and Secure Detention ($349,187) to reflect actual program expenditures. Add 12 Facility-Based Investigations staff to satisfy timeliness requirements for incident investigations. $499,524 $499,524 Provide additional funds for utilities ($315,539) and other supplies and materials ($373,022) to cover the costs of inflation and projected shortfalls. $0 $0 Reduce Administration program costs to realize efficiencies in per diem and fees ($100,000) and personal services ($200,000). ($300,000) ($300,000) Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following positions: Juvenile Correction Officer 1 and Juvenile Correction Officer 2. $882,396 $882,396 Amount appropriated in this Act $28,108,845 $28,311,397 Community Non Secure Services 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 $57,060,707 Federal and Other Funds $10,003,139 Agency Funds $10,002,619 Other Funds $520 State Funds $47,057,568 State General Funds $47,057,568 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Annualize the cost of the FY2006 salary adjustment. ($16,111) ($16,111) Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $23,574 $23,574 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $33,980 $34,500 2676 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,937 $4,937 Transfer contract inflation adjustment and other funds from Community Non-Secure Services ($468,733) and Secure Commitment ($58,011) to Administration ($177,557) and Secure Detention ($349,187) to reflect actual program expenditures. ($468,733) ($468,733) Reduce the costs of part-time positions, excluding mission critical positions in medical, education and behavioral health. ($13,768) ($13,768) Reflect savings in contract costs due to the closure of beds at the Department of Human Resource's West Central Regional Hospital ($307,541) and Northwest Regional Hospital ($157,000). ($464,541) ($464,541) Provide funding for additional contract staff in the Tracking program to allow for statewide monitoring of youth in community settings. $737,154 $737,154 Reduce 15 Short-Term Intermediate Intervention Program beds by utilizing existing capacity at the Augusta YDC facility and reducing contract costs. ($1,314,000) ($1,314,000) Increase Multi-Systemic Therapy services by providing 30 additional slots, serving an additional 120 youth. $582,212 $582,212 Provide additional Wrap-Around program services to reduce out of home placements and provide stabilization services following placement in a community setting. $400,000 $400,000 To condense Non-Secure Commitment ($38,464,748) $47,552,864 $57,555,483 and Non-Secure Detention ($9,088,116) into Community Non-Secure Services. Amount appropriated in this Act $47,057,568 $57,060,707 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 $46,284,266 Federal and Other Funds $4,354,901 Agency Funds $4,347,003 Other Funds $7,898 WEDNESDAY, MARCH 8, 2006 2677 State Funds $41,929,365 State General Funds $41,929,365 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $36,202,265 $40,549,268 Annualize the cost of the FY2006 salary adjustment. $333,279 $333,279 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $357,385 $357,385 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $515,123 $523,021 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $74,828 $74,828 Transfer contract inflation adjustment and other funds $0 $0 from Community Non-Secure Services ($468,733) and Secure Commitment ($58,011) to Administration ($177,557) and Secure Detention ($349,187) to reflect actual program expenditures. Reduce the costs of part-time positions, excluding mission critical positions in medical, education and behavioral health. ($74,514) ($74,514) Provide additional funds for utilities ($315,539) and other supplies and materials ($373,022) to cover the costs of inflation and projected shortfalls. $0 $0 Add 67 Juvenile Probation and Parole Specialist positions to improve community-based services and reduce caseloads. $3,214,336 $3,214,336 Expand the Intensive Supervision Program by providing 30 additional staff to offer increased monitoring and rehabilitative services to youth placed in community settings. $1,306,663 $1,306,663 Amount appropriated in this Act $41,929,365 $46,284,266 Secure Commitment The purpose is to protect the public, hold youth accountable for their actions, and assist juvenile offenders in becoming law-abiding citizens. Total Funds $89,260,850 Federal and Other Funds $3,366,696 2678 JOURNAL OF THE HOUSE Federal Funds Not specifically Identified $1,032,056 Agency Funds $2,319,170 Other Funds $15,470 State Funds $85,894,154 State General Funds $85,894,154 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $83,766,215 $87,117,441 Annualize the cost of the FY2006 salary adjustment. $716,607 $716,607 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $700,062 $700,062 Increase funds to reflect an adjustment in the employer $1,009,049 $1,024,519 share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' $146,577 Compensation premiums. $146,577 Transfer funds from Secure Commitment ($241,949) to Secure Detention ($241,949) and add 56 positions to perform all facility maintenance services in house rather than by contract. ($241,949) ($241,949) Transfer contract inflation adjustment and other funds from Community Non-Secure Services ($468,733) and Secure Commitment ($58,011) to Administration ($177,557) and Secure Detention ($349,187) to reflect actual program expenditures. ($58,011) ($58,011) Reduce the costs of part-time positions, excluding mission critical positions in medical, education and behavioral health. ($144,396) ($144,396) Convert 11 part-time dental positions to 4 fill-time dentists, 5 full-time dental assistants and 2 full-time hygienists to satisfy current need for dental services. $0 $0 Convert 16 part-time Medical Clerk positions to 16 full-time staff to improve medical records maintenance. $0 $0 Provide additional funds for utilities ($315,539) and other supplies and materials ($373,022) to cover the costs of inflation and projected shortfalls. $0 $0 Amount appropriated in this Act $85,894,154 $89,260,850 WEDNESDAY, MARCH 8, 2006 2679 Secure Detention 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 $94,579,088 Federal and Other Funds $1,524,701 Agency Funds $1,503,960 Other Funds $20,741 State Funds $93,054,387 State General Funds $93,054,387 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $89,536,547 $91,040,507 Annualize the cost of the FY2006 salary adjustment. $717,318 $717,318 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $938,570 $938,570 Increase funds to reflect an adjustment in the employer $1,352,826 $1,373,567 share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' $196,515 Compensation premiums. $196,515 Reduce the costs of part-time positions, excluding mission critical positions in medical, education and behavioral health. ($278,525) ($278,525) Transfer contract inflation adjustment and other funds from Community Non-Secure Services ($468,733) and Secure Commitment ($58,011) to Administration ($177,557) and Secure Detention ($349,187) to reflect actual program expenditures. $349,187 $349,187 Transfer funds from Secure Commitment ($241,949) to Secure Detention ($241,949) and add 56 positions to perform all facility maintenance services in house rather than by contract. $241,949 $241,949 Convert 11 part-time dental positions to 4 fill-time dentists, 5 full-time dental assistants and 2 full-time hygienists to satisfy current need for dental services. $0 $0 Convert 16 part-time Medical Clerk positions to 16 full-time staff to improve medical records maintenance. $0 $0 2680 JOURNAL OF THE HOUSE Provide additional funds for utilities ($315,539) and other supplies and materials ($373,022) to cover the costs of inflation and projected shortfalls. Amount appropriated in this Act $0 $0 $93,054,387 $94,579,088 The following appropriations are for agencies attached for administrative purposes. Children and Youth Coordinating Council The purpose is to assist local communities in preventing and reducing juvenile delinquency. Total Funds $3,211,947 Federal and Other Funds $1,861,077 Federal Funds Not specifically Identified $1,861,077 State Funds $1,350,870 State General Funds $1,350,870 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,337,914 $3,198,914 Annualize the cost of the FY 2006 salary adjustment ($3,748) and provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007 ($3,474). $7,222 $7,299 Increase funds to reflect an adjustment in the employer $5,007 $5,007 share of State Health Benefit Plan premiums from 14.20% to 16.71%. Increase funds to reflect an adjustment in the workers' compensation premiums. $727 $727 Amount appropriated in this Act $1,350,870 $3,211,947 Section 31: Labor, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds $355,725,706 $303,968,082 $260,726,954 $43,241,128 $0 $51,757,624 WEDNESDAY, MARCH 8, 2006 2681 State General Funds Intra-State Government Transfers Other Intra-State Government Payments Other Fund Sources Indirect DOAS Funding $51,757,624 $0 $0 $0 $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. Administration - Department of Labor To work with public and private partners in building a world-class workforce system that contributes to Georgia's economic prosperity. Total Funds $13,828,686 Federal and Other Funds $10,607,018 Federal Funds Not specifically Identified $10,607,018 State Funds $3,221,668 State General Funds $3,221,668 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,236,310 $14,095,619 Annualize the cost of the FY2006 salary adjustment. $10,658 $10,658 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $12,752 $12,752 2682 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Reduce personal services in the Labor Administration program. Reduce operating costs in Labor Administration. Amount appropriated in this Act $17,915 $17,915 $16,095 $16,095 ($14,035) ($14,035) ($58,027) ($310,318) $3,221,668 $13,828,686 Administration - Division of Rehabilitation To help people with disabilities to become fully productive members of society by achieving independence and meaningful employment. Total Funds $3,518,770 Federal and Other Funds $1,383,518 Federal Funds Not specifically Identified $1,383,518 State Funds $2,135,252 State General Funds $2,135,252 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,167,612 $3,649,480 Annualize the cost of the FY2006 salary adjustment. $4,905 $4,905 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $5,662 $5,662 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $7,954 $7,954 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $7,146 $7,146 Reduce contracts ($13,760), Special Purpose Contracts $0 $0 ($19,084) and Purchase of Service contracts ($83,210) by 2% within the Rehabilitation Services Division. Reduce operating costs in administration for the Division of Rehabilitation Services. ($58,027) ($156,377) Amount appropriated in this Act $2,135,252 $3,518,770 WEDNESDAY, MARCH 8, 2006 2683 Business Enterprise Program To assist people who are blind in becoming successful contributors to the state's economy. Total Funds $1,736,387 Federal and Other Funds $1,316,085 Federal Funds Not specifically Identified $1,316,085 State Funds $420,302 State General Funds $420,302 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $339,720 $1,655,805 Annualize the cost of the FY2006 salary adjustment. $1,215 $1,215 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $918 $918 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $1,290 $1,290 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,159 $1,159 Provide 2 positions and funding for the Business Enterprise Program. $76,000 $76,000 Amount appropriated in this Act $420,302 $1,736,387 Commission on Women 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 Disability Adjudication Section To efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. Total Funds $55,598,820 Federal and Other Funds $55,598,820 Federal Funds Not specifically Identified $55,598,820 2684 JOURNAL OF THE HOUSE Georgia Industries for the Blind To employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. Total Funds $11,809,509 Federal and Other Funds $11,099,375 Agency Funds $11,099,375 State Funds $710,134 State General Funds $710,134 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $692,348 $11,791,723 Annualize the cost of the FY2006 salary adjustment. $4,717 $4,717 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $3,564 $3,564 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $5,007 $5,007 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,498 $4,498 Amount appropriated in this Act $710,134 $11,809,509 Labor Market Information To collect, analyze and publish a wide array of information about the state's labor market. Total Funds $2,932,226 Federal and Other Funds $2,249,873 Federal Funds Not specifically Identified $2,249,873 State Funds $682,353 State General Funds $682,353 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $671,271 $2,921,144 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $3,022 $3,022 WEDNESDAY, MARCH 8, 2006 2685 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act $4,245 $4,245 $3,815 $3,815 $682,353 $2,932,226 Roosevelt Warm Springs Institute To empower individuals with disabilities to achieve personal independence. Total Funds $31,166,124 Federal and Other Funds $24,667,490 Federal Funds Not specifically Identified $6,233,170 Agency Funds $18,434,320 State Funds $6,498,634 State General Funds $6,498,634 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,662,908 $31,330,398 Annualize the cost of the FY2006 salary adjustment. $34,100 $34,100 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $23,369 $23,369 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $32,831 $32,831 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $29,495 $29,495 Reduce contracts ($13,760), Special Purpose Contracts $0 $0 ($19,084) and Purchase of Service contracts ($83,210) by 2% within the Rehabilitation Services Division. Transfer the American Association of Adapted Sports Programs contract to the Department of Human Resources. ($284,069) ($284,069) Amount appropriated in this Act $6,498,634 $31,166,124 Safety Inspections To promote and protect public safety, to provide training and information on workplace exposure to hazardous chemicals, and to promote industrial safety. 2686 JOURNAL OF THE HOUSE Total Funds $2,870,331 Federal and Other Funds $168,552 Federal Funds Not specifically Identified $168,552 State Funds $2,701,779 State General Funds $2,701,779 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,664,002 $2,832,554 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $10,302 $10,302 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $14,473 $14,473 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $13,002 $13,002 Amount appropriated in this Act $2,701,779 $2,870,331 Unemployment Insurance To enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's employers and distributing unemployment benefits to eligible claimants. Total Funds $46,823,669 Federal and Other Funds $36,610,816 Federal Funds Not specifically Identified $36,610,816 State Funds $10,212,853 State General Funds $10,212,853 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $10,056,056 $46,666,872 Annualize the cost of the FY2006 salary adjustment. $4,707 $4,707 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $41,475 $41,475 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $58,268 $58,268 WEDNESDAY, MARCH 8, 2006 2687 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $52,347 $52,347 Amount appropriated in this Act $10,212,853 $46,823,669 Vocational Rehabilitation Program To assist people with disabilities so that they may go to work. Total Funds $86,978,746 Federal and Other Funds $69,651,140 Federal Funds Not specifically Identified $66,344,924 Agency Funds $3,306,216 State Funds $17,327,606 State General Funds $17,327,606 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $16,784,521 $86,435,661 Annualize the cost of the FY2006 salary adjustment. $59,568 $59,568 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $32,612 $32,612 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $45,816 $45,816 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $41,161 $41,161 Reduce contracts ($13,760), Special Purpose Contracts $0 $0 ($19,084) and Purchase of Service contracts ($83,210) by 2% within the Rehabilitation Services Division. Provide funding for Assistive Technology Centers and Reboot. $30,000 $30,000 Provide additional funds Middle Georgia Center for Independent Living, Inc. $20,000 $20,000 Provide funds for the Georgia Association of Training, $200,000 Employment and Supports (GATES). $200,000 Increase funding for the Center for the Visually Impaired. $5,000 $5,000 Increase funding for the Georgia Radio Reading Service. $58,928 $58,928 2688 JOURNAL OF THE HOUSE Increase SHARE funding to operate a new program, DEAR. Amount appropriated in this Act $50,000 $50,000 $17,327,606 $86,978,746 Workforce Development To assist employers and job seekers with job matching services and to promote economic growth and development. Total Funds $98,369,266 Federal and Other Funds $90,615,395 Federal Funds Not specifically Identified $80,214,178 Agency Funds $10,401,217 State Funds $7,753,871 State General Funds $7,753,871 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,642,713 $98,258,108 Annualize the cost of the FY2006 salary adjustment. $2,844 $2,844 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $29,537 $29,537 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $41,497 $41,497 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $37,280 $37,280 Amount appropriated in this Act $7,753,871 $98,369,266 Section 32: Law, Department of Total Funds Federal and Other Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments Other Fund Sources $36,496,779 $24,817 $24,817 $14,670,539 $14,670,539 $21,801,423 $21,801,423 $0 WEDNESDAY, MARCH 8, 2006 2689 Law 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 $36,496,779 Federal and Other Funds $24,817 Other Funds $24,817 State Funds $14,670,539 State General Funds $14,670,539 Intra-State Government Transfers $21,801,423 Other Intra-State Government Payments $21,801,423 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $13,659,592 $35,461,015 Annualize the cost of the FY2006 salary adjustment. $127,303 $127,303 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $395,883 $395,883 Provide for an adjustment to the Georgia Building $168,756 Authority (GBA) real estate rental rate for office space. $168,756 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $285,674 $316,326 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $8,848 $8,848 Increase real estate rentals to meet contractual commitments. $24,483 $24,483 Reduce other funds in equipment. $0 ($5,835) Amount appropriated in this Act $14,670,539 $36,496,779 Section 33: State Merit System of Personnel Administration Total Funds $14,520,114 Federal and Other Funds Federal Funds Not specifically Identified Other Funds $909,945 $0 $909,945 State Funds $0 Other State Funds $0 State General Funds $0 2690 JOURNAL OF THE HOUSE Intra-State Government Transfers Other Intra-State Government Payments Other Fund Sources $13,610,169 $13,610,169 $0 The Department is authorized to assess no more than $147.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year. Administration The purpose is to provide administrative and technical support to the agency. Total Funds $5,665,465 Federal and Other Funds $1,448,208 Other Funds $1,448,208 Intra-State Government Transfers $4,217,257 Other Intra-State Government Payments $4,217,257 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $4,217,257 Annualize the cost of the FY2006 salary adjustment. $0 $25,867 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $0 $39,858 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $74,311 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $3,728 Redistribute operating expenses from Total Compensation and Rewards ($464,686) and Recruitment and Staffing Services ($207,078) to Administration ($607,355) and Workforce Development and Alignment ($64,409) to more appropriately capture expenditures. $0 $607,355 Reduce regular operating expenses. $0 ($52,911) Increase payments to State Treasury. $0 $750,000 Amount appropriated in this Act $0 $5,665,465 WEDNESDAY, MARCH 8, 2006 2691 Recruitment and Staffing Services The purpose is to provide a central point of contact for the general public. Total Funds $1,165,049 Federal and Other Funds ($156,385) Other Funds ($156,385) Intra-State Government Transfers $1,321,434 Other Intra-State Government Payments $1,321,434 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $1,321,434 Annualize the cost of the FY2006 salary adjustment. $0 $10,640 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $0 $15,401 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $28,712 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $1,440 Redistribute operating expenses from Total Compensation and Rewards ($464,686) and Recruitment and Staffing Services ($207,078) to Administration ($607,355) and Workforce Development and Alignment ($64,409) to more appropriately capture expenditures. $0 ($207,078) Reduce regular operating expenses. $0 ($5,500) Amount appropriated in this Act $0 $1,165,049 Total Compensation and Rewards The purpose is to ensure fair and consistent employee compensation practices across state agencies. Total Funds $4,120,504 Federal and Other Funds ($445,755) Other Funds ($445,755) Intra-State Government Transfers $4,566,259 Other Intra-State Government Payments $4,566,259 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 2692 JOURNAL OF THE HOUSE State Funds Amount from prior Appropriation Act (HB 85) $0 Annualize the cost of the FY2006 salary adjustment. $0 Provide for an adjustment to the Georgia Building $0 Authority (GBA) real estate rental rate for office space. Increase funds to reflect an adjustment in the employer $0 share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' $0 Compensation premiums. Reduce regular operating expenses. $0 Redistribute operating expenses from Total $0 Compensation and Rewards ($464,686) and Recruitment and Staffing Services ($207,078) to Administration ($607,355) and Workforce Development and Alignment ($64,409) to more appropriately capture expenditures. Reduce personal services by eliminating 2 positions $0 from Total Compensation and Rewards. Amount appropriated in this Act $0 Total Funds $4,566,259 $30,384 $25,974 $48,425 $2,429 ($4,000) ($464,686) ($84,281) $4,120,504 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 $3,569,096 Federal and Other Funds $63,877 Other Funds $63,877 Intra-State Government Transfers $3,505,219 Other Intra-State Government Payments $3,505,219 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $3,505,219 Annualize the cost of the FY2006 salary adjustment. $0 $25,517 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $0 $13,329 WEDNESDAY, MARCH 8, 2006 2693 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Reduce contracts to eliminate funding for state orientation video. Reduce per diem and fees. Reduce regular operating expenses. Redistribute operating expenses from Total Compensation and Rewards ($464,686) and Recruitment and Staffing Services ($207,078) to Administration ($607,355) and Workforce Development and Alignment ($64,409) to more appropriately capture expenditures. Amount appropriated in this Act $0 $24,851 $0 $1,247 $0 ($15,000) $0 ($37,976) $0 ($12,500) $0 $64,409 $0 $3,569,096 Section 34: Natural Resources, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments Other Fund Sources Indirect DOAS Funding $147,878,217 $35,155,553 $9,738,392 $22,833,982 $2,583,179 $112,648,814 $112,648,814 $73,850 $73,850 $0 $0 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 $665,966 for year 16 of 20 years; last payment being made June 15th, 2010, Jekyll Island State Park Authority - $260,844 2694 JOURNAL OF THE HOUSE 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. Administration The purpose of the program is to provide administrative support for all programs of the department. Total Funds $10,059,057 State Funds $10,059,057 State General Funds $10,059,057 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,368,088 $9,421,902 Annualize the cost of the FY2006 salary adjustment. $63,575 $63,575 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $115,903 $115,903 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $22,803 $22,803 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $169,643 $169,643 Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums. $56,553 $56,553 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $26,382 $26,382 Realign programs to properly reflect FY 2007 expenditures by transferring funds to Administration ($232,360) and Land Conservation ($27,000) from Parks, Recreation and Historic Sites ($2,284) and Wildlife Resources ($257,076). $232,360 $232,360 Remove undesignated object classes and fund sources to properly reflect expenditures (Total Funds $59,507,514). $0 ($53,814) Add 1 position and operating funds for opening a new interpretive center and museum at Sweetwater Creek State Park. $3,750 $3,750 WEDNESDAY, MARCH 8, 2006 2695 Amount appropriated in this Act $10,059,057 $10,059,057 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 $5,641,480 Federal and Other Funds $170,862 Federal Funds Not specifically Identified $170,862 State Funds $5,470,618 State General Funds $5,470,618 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,323,120 $2,493,982 Annualize the cost of the FY2006 salary adjustment. $17,938 $17,938 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $29,883 $29,883 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $43,739 $43,739 Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums. $15,211 $15,211 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $6,802 $6,802 Enhance water quality sampling efforts by increasing contract funds and adding 1 position in Coastal Resources in order to meet stricter water quality standards on Georgia's coast. $53,925 $53,925 Provide funds for Tybee Island beach restoration project. $2,930,000 $2,930,000 Provide funding for the cooperative service agreement with the University of Georgia Fanning Institute of Leadership to develop standards for permitting of marinas and community docks. $50,000 $50,000 Amount appropriated in this Act $5,470,618 $5,641,480 Environmental Protection The purpose is to help provide Georgia's citizens with clean air, clean water, 2696 JOURNAL OF THE HOUSE 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 $51,755,690 Federal and Other Funds $10,234,568 Federal Funds Not specifically Identified $3,437,011 Agency Funds $309,758 Other Funds $6,487,799 State Funds $41,521,122 State General Funds $41,521,122 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $26,207,788 $86,317,486 Annualize the cost of the FY2006 salary adjustment. $286,302 $286,302 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $360,290 $360,290 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $204,196 $204,196 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $527,348 $527,348 Provide funds to correct a shortfall in funding for the $243,190 employer share of State Health Benefit Plan premiums. $243,190 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $82,008 $82,008 Remove undesignated object classes and fund sources to properly reflect expenditures (Total Funds $59,507,514). $0 ($49,948,980) Transfer the Hazardous Waste Trust Fund program to $7,600,000 $7,673,850 the Environmental Protection program. Transfer the Solid Waste Trust Fund program to the Environmental Protection program. $1,500,000 $1,500,000 Reduce contract funds with the Soil and Water Conservation Commission to reflect the cyclical needs of the Erosion and Sedimentation Certification program. ($300,000) ($300,000) WEDNESDAY, MARCH 8, 2006 2697 Enhance water modeling and monitoring in the Environmental Protection program. $400,000 $400,000 Increase funding for the Solid Waste Trust Fund from $4,500,000 $4,500,000 $1.5 million to $6.5 million. Add 8 positions for erosion and sedimentation control in Environmental Protection to increase the number of inspections in high growth areas. $300,000 $300,000 Eliminate contract funds in Environmental Protection for a coastal groundwater study that will be completed in FY 2006. ($390,000) ($390,000) Amount appropriated in this Act $41,521,122 $51,755,690 Hazardous Waste Trust Fund Investigate and clean up abandoned hazardous sites. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,600,000 $7,673,850 Transfer the Hazardous Waste Trust Fund program to ($7,600,000) ($7,673,850) the Environmental Protection program. Amount appropriated in this Act $0 $0 Historic Preservation The purpose is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations. Total Funds $2,506,760 Federal and Other Funds $490,000 Federal Funds Not specifically Identified $490,000 State Funds $2,016,760 State General Funds $2,016,760 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,904,709 $2,449,060 Annualize the cost of the FY2006 salary adjustment. $13,500 $13,500 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $25,044 $25,044 2698 JOURNAL OF THE HOUSE Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $18,641 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $36,656 Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums. $12,510 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $5,700 Reduce the number of contracted historic planners $0 from 14 to 12 based on state service delivery regions. Remove undesignated object classes and fund sources $0 to properly reflect expenditures (Total Funds $59,507,514). Amount appropriated in this Act $2,016,760 $18,641 $36,656 $12,510 $5,700 $0 ($54,351) $2,506,760 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 $466,380 State Funds $466,380 State General Funds $466,380 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $415,605 $415,605 Annualize the cost of the FY2006 salary adjustment. $1,902 $1,902 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $5,686 $5,686 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $3,998 $3,998 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $8,323 $8,323 Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums. $2,572 $2,572 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,294 $1,294 WEDNESDAY, MARCH 8, 2006 2699 Realign programs to properly reflect FY 2007 expenditures by transferring funds to Administration ($232,360) and Land Conservation ($27,000) from Parks, Recreation and Historic Sites ($2,284) and Wildlife Resources ($257,076). Amount appropriated in this Act $27,000 $27,000 $466,380 $466,380 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 $37,850,376 Federal and Other Funds $18,825,823 Federal Funds Not specifically Identified $845,941 Agency Funds $18,635,848 Other Funds ($655,966) State Funds $19,024,553 State General Funds $19,024,553 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $17,234,816 $38,741,756 Annualize the cost of the FY2006 salary adjustment. $138,246 $138,246 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $226,966 $226,966 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $9,659 $9,659 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $332,205 $332,205 Provide funds to correct a shortfall in funding for the $187,068 employer share of State Health Benefit Plan premiums. $187,068 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $51,661 $51,661 Replace payments from the Lake Lanier Islands $665,966 $0 Development Authority with state general funds. Remove undesignated object classes and fund sources to properly reflect expenditures (Total Funds $59,507,514). $0 ($2,015,151) 2700 JOURNAL OF THE HOUSE Add 1 position and operating funds for opening a new interpretive center and museum at Sweetwater Creek State Park. Realign programs to properly reflect FY 2007 expenditures by transferring funds to Administration ($232,360) and Land Conservation ($27,000) from Parks, Recreation and Historic Sites ($2,284) and Wildlife Resources ($257,076). Amount appropriated in this Act $180,250 $180,250 ($2,284) ($2,284) $19,024,553 $37,850,376 Pollution Prevention Assistance The purpose is to reduce pollution by providing non-regulatory assistance. Total Funds $119,988 Federal and Other Funds $30,063 Agency Funds $603,913 Other Funds ($573,850) State Funds $16,075 State General Funds $16,075 Intra-State Government Transfers $73,850 Other Intra-State Government Payments $73,850 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $677,763 Annualize the cost of the FY2006 salary adjustment. $10,501 $10,501 Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums. $5,574 $5,574 Remove undesignated object classes and fund sources to properly reflect expenditures (Total Funds $59,507,514). $0 ($573,850) Amount appropriated in this Act $16,075 $119,988 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. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: WEDNESDAY, MARCH 8, 2006 2701 Amount from prior Appropriation Act (HB 85) Transfer the Solid Waste Trust Fund program to the Environmental Protection program. Amount appropriated in this Act State Funds Total Funds $1,500,000 $1,500,000 ($1,500,000) ($1,500,000) $0 $0 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 $36,392,528 Federal and Other Funds $5,404,237 Federal Funds Not specifically Identified $5,126,791 Agency Funds $2,952,250 Other Funds ($2,674,804) State Funds $30,988,291 State General Funds $30,988,291 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $28,915,612 $41,181,217 Annualize the cost of the FY2006 salary adjustment. $230,922 $230,922 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $446,068 $446,068 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $7,405 $7,405 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $652,899 $652,899 Provide funds to correct a shortfall in funding for the $221,281 employer share of State Health Benefit Plan premiums. $221,281 Increase funds to reflect an adjustment in the Workers' $101,532 Compensation premiums. $101,532 Remove undesignated object classes and fund sources to properly reflect expenditures (Total Funds $59,507,514). $0 ($6,861,368) 2702 JOURNAL OF THE HOUSE Realign programs to properly reflect FY 2007 expenditures by transferring funds to Administration ($232,360) and Land Conservation ($27,000) from Parks, Recreation and Historic Sites ($2,284) and Wildlife Resources ($257,076). ($257,076) ($257,076) Eliminate 1 position and operating expenses for aquatic plant control of public and private waters. ($48,577) ($48,577) Fund operating costs for opening the Flat Creek public fishing area including 2 fishery technician positions and 2 motor vehicles. $218,225 $218,225 Provide operating funds and add 6 positions for staffing the new conference facility and dining hall at the Charlie Elliott Wildlife Center. $200,000 $200,000 Add 3 positions and operating funds to adequately address the management of flathead catfish in the Satilla River. $300,000 $300,000 Amount appropriated in this Act $30,988,291 $36,392,528 The following appropriations are for agencies attached for administrative purposes. 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 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $50,000 $50,000 Annualize the cost of the FY2006 salary adjustment. $0 $0 Amount appropriated in this Act $50,000 $50,000 Payments to Georgia Agricultural Exposition Authority The purpose is to showcase the state's agriculture and agribusiness, promote the WEDNESDAY, MARCH 8, 2006 2703 agricultural achievement of Georgia's young people, provide a center for diverse activities, and stage and promote a statewide fair. Total Funds $1,641,634 State Funds $1,641,634 State General Funds $1,641,634 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,601,868 $1,601,868 Annualize the cost of the FY2006 salary adjustment. $8,481 $8,481 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $11,000 $11,000 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $16,164 $16,164 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,121 $4,121 Amount appropriated in this Act $1,641,634 $1,641,634 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 $872,211 State Funds $872,211 State General Funds $872,211 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $820,514 $820,514 Annualize the cost of the FY2006 salary adjustment. $2,604 $2,604 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $6,000 $6,000 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $8,980 $8,980 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,293 $1,293 2704 JOURNAL OF THE HOUSE Increase repairs and maintenance funding for the historic village at Agrirama. Amount appropriated in this Act $32,820 $872,211 $32,820 $872,211 Georgia State Games Commission To improve the physical fitness of Georgians. Total Funds $50,149 Federal Funds Not specifically Identified ($332,213) Agency Funds $332,213 State Funds $50,149 State General Funds $50,149 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $50,149 $382,362 Eliminate state funds, 1 position and 4 motor vehicles. $0 ($332,213) Amount appropriated in this Act $50,149 $50,149 Payments to Lake Allatoona Preservation Authority Total Funds $100,000 State Funds $100,000 State General Funds $100,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $100,000 $100,000 Eliminate one-time funding for shoreline restoration, educational programs, a watershed study and other projects. $0 $0 Amount appropriated in this Act $100,000 $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 WEDNESDAY, MARCH 8, 2006 2705 State General Funds $371,964 Section 35: Pardons and Paroles, State Board of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $50,060,353 $0 ($100,000) $100,000 $50,060,353 $50,060,353 $0 $0 Administration To provide support for the agency. Total Funds $5,105,148 Federal Funds Not specifically Identified ($100,000) Other Funds $100,000 State Funds $5,105,148 State General Funds $5,105,148 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,326,255 $4,426,255 Annualize the cost of the FY2006 salary adjustment. $29,265 $29,265 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $25,043 $25,043 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $43,112 $43,112 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $42,563 $42,563 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,974 $4,974 Provide additional funding for utilities ($41,146), fuel ($168,361) and mileage reimbursement ($137,678). $20,652 $20,652 Align personal services funding to accurately align program delivery and personnel. $400,000 $400,000 2706 JOURNAL OF THE HOUSE Eliminate one-time federal funding used for Parole Risk guidelines improvement. Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement position(s): Parole Officer. Amount appropriated in this Act $0 $213,284 $5,105,148 ($100,000) $213,284 $5,105,148 Clemency To investigate offenders when they enter the corrections system and make determinations about offender eligibility for parole. Total Funds $10,167,410 State Funds $10,167,410 State General Funds $10,167,410 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,769,111 $9,769,111 Annualize the cost of the FY2006 salary adjustment. $65,236 $65,236 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $95,064 $95,064 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $161,568 $161,568 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $10,979 $10,979 Increase regular operating funds ($50,000) to cover costs of records retention. $50,000 $50,000 Provide additional funding for utilities ($41,146), fuel ($168,361) and mileage reimbursement ($137,678). $15,452 $15,452 Amount appropriated in this Act $10,167,410 $10,167,410 Parole Supervision For transitioning offenders from prison back into the community as productive, law abiding citizens. Total Funds $34,256,134 State Funds $34,256,134 State General Funds $34,256,134 WEDNESDAY, MARCH 8, 2006 2707 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $33,015,382 $33,015,382 Annualize the cost of the FY2006 salary adjustment. $212,102 $212,102 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $284,470 $284,470 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $62,518 $62,518 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $483,478 $483,478 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $37,103 $37,103 Provide additional funding for utilities ($41,146), fuel ($168,361) and mileage reimbursement ($137,678). $311,081 $311,081 Align personal services funding to accurately align program delivery and personnel. ($400,000) ($400,000) Increase regular operating funds ($50,000) to cover costs of records retention. ($50,000) ($50,000) Provide additional funding for substance abuse assessment and treatment. $300,000 $300,000 Amount appropriated in this Act $34,256,134 $34,256,134 Victims Services 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 $531,661 State Funds $531,661 State General Funds $531,661 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $516,467 $516,467 Annualize the cost of the FY2006 salary adjustment. $3,270 $3,270 2708 JOURNAL OF THE HOUSE Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act $4,202 $7,142 $580 $531,661 $4,202 $7,142 $580 $531,661 Section 36: Properties Commission, State Total Funds Federal and Other Funds Other Funds State Funds Intra-State Government Transfers Other Fund Sources $5,876,661 $5,876,661 $5,876,661 $0 $0 $0 Leasing To manage leasing transactions. Total Funds $402,655 Federal and Other Funds $402,655 Other Funds $402,655 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Annualize the cost of the FY2006 salary adjustment. $0 $3,362 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $0 $4,394 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $0 $3,606 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $18,390 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $1,412 WEDNESDAY, MARCH 8, 2006 2709 Transfer the Space Management program ($371,491) and the Payments to GBA program ($2,331,288) from the Department of Administrative Services to the State Properties Commission (Other Funds: $2,702,779). Amount appropriated in this Act $0 $371,491 $0 $402,655 State Properties 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 $588,425 Federal and Other Funds $588,425 Other Funds $588,425 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Annualize the cost of the FY2006 salary adjustment. $0 $6,107 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $0 $2,929 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $0 $7,634 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $12,260 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $942 Transfer the Space Management program ($371,491) and the Payments to GBA program ($2,331,288) from the Department of Administrative Services to the State Properties Commission (Other Funds: $2,702,779). $0 $558,553 Amount appropriated in this Act $0 $588,425 The following appropriations are for agencies attached for administrative purposes. Payments to Georgia Building Authority To purchase, erect and maintain buildings and other facilities to house agents and officials of the state government. 2710 JOURNAL OF THE HOUSE Total Funds $4,885,581 Federal and Other Funds $4,885,581 Other Funds $4,885,581 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Annualize the cost of the FY2006 salary adjustment. $0 $127,415 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $0 $86,044 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $457,908 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $35,172 Transfer the Space Management program ($371,491) and the Payments to GBA program ($2,331,288) from the Department of Administrative Services to the State Properties Commission (Other Funds: $2,702,779). $0 $2,331,288 Eliminate one time funding for the purchase of property around Capitol Hill (Other Funds: $1,150,000). $0 ($1,150,000) Adjust agency rental rates to create maintenance and repair fund in Facilities program (Other Funds: $3,000,000). $0 $3,000,000 Adjust annualizer to reflect updated projections (Other Funds: $2,246). $0 ($2,246) Amount appropriated in this Act $0 $4,885,581 Section 37: Public Safety, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers $122,375,893 $14,559,906 $7,028,935 $1,634,073 $5,896,898 $104,664,552 $104,664,552 $3,151,435 WEDNESDAY, MARCH 8, 2006 2711 Other Intra-State Government Payments Other Fund Sources Indirect DOAS Funding $3,151,435 $0 $0 Administration To work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state. Total Funds $9,274,504 State Funds $9,274,504 State General Funds $9,274,504 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,816,239 $9,816,239 Annualize the cost of the FY2006 salary adjustment. $45,740 $45,740 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $60,976 $60,976 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $88,616 $88,616 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $16,111 $16,111 Transfer 1 position and $30,000 in personal services from the Georgia Department of Revenue. $30,000 $30,000 Reduce personal services in the Administration program. ($373,178) ($373,178) Realign program budgets to meet projected expenditures. ($410,000) ($410,000) Amount appropriated in this Act $9,274,504 $9,274,504 Aviation 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 $2,365,895 State Funds $2,365,895 State General Funds $2,365,895 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 2712 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act State Funds $2,307,130 $11,804 $17,282 $25,113 $4,566 $2,365,895 Total Funds $2,307,130 $11,804 $17,282 $25,113 $4,566 $2,365,895 Capitol Police Services 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 Executive Security Services 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 $1,392,354 State Funds $1,392,354 State General Funds $1,392,354 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,050,978 $1,050,978 Annualize the cost of the FY2006 salary adjustment. $10,328 $10,328 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $11,425 $11,425 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $16,604 $16,604 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $3,019 $3,019 WEDNESDAY, MARCH 8, 2006 2713 Realign program budgets to meet projected expenditures. Amount appropriated in this Act $300,000 $300,000 $1,392,354 $1,392,354 Field Offices and Services To reduce drug trafficking in the State of Georgia by networking with other state, federal and local law enforcement agencies. Total Funds $65,602,110 State Funds $65,602,110 State General Funds $65,602,110 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $60,086,195 $60,086,195 Annualize the cost of the FY2006 salary adjustment. $548,385 $548,385 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $673,309 $673,309 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $978,504 $978,504 Increase funds to reflect an adjustment in the Workers' $177,901 Compensation premiums. $177,901 Provide funds to implement a 10 Trooper Motorcycle $0 $0 unit located in the Metro Atlanta area. Annualize the cost of two Trooper Schools. $703,060 $703,060 Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement positions: Trooper First Class, Lieutenant, Corporal, Sergeant, MCCD Corporal, and MCCD Sergeant. $750,466 $750,466 Fund 16 vacant DPS Post Secretary positions. $563,190 $563,190 Provide funds for two trooper schools, each with 50 initial candidates. $1,121,100 $1,121,100 Amount appropriated in this Act $65,602,110 $65,602,110 Motor Carrier Compliance To enforce and administer state laws and regulations for mandated programs relating to driver safety and driver education for both novice and problem drivers. 2714 JOURNAL OF THE HOUSE Total Funds $16,371,832 Federal and Other Funds $9,758,896 Federal Funds Not specifically Identified $3,861,998 Other Funds $5,896,898 State Funds $6,612,936 State General Funds $6,612,936 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,329,515 $16,088,411 Annualize the cost of the FY2006 salary adjustment. $103,536 $103,536 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $66,195 $66,195 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $96,200 $96,200 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $17,490 $17,490 Align fund sources to correctly reflect expenditures. $0 $0 Amount appropriated in this Act $6,612,936 $16,371,832 Specialized Collision Reconstruction Team (SCRT) 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 $2,350,545 State Funds $2,350,545 State General Funds $2,350,545 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,150,997 $2,150,997 Annualize the cost of the FY2006 salary adjustment. $17,706 $17,706 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $26,437 $26,437 WEDNESDAY, MARCH 8, 2006 2715 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Realign program budgets to meet projected expenditures. Amount appropriated in this Act $38,420 $6,985 $110,000 $2,350,545 $38,420 $6,985 $110,000 $2,350,545 Troop J Specialty Units To support the Forensics Science Division of the GBI by overseeing and maintaining the entire breath-alcohol program for the State of Georgia. Total Funds $2,291,755 State Funds $2,291,755 State General Funds $2,291,755 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,204,535 $2,204,535 Annualize the cost of the FY2006 salary adjustment. $18,198 $18,198 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $25,399 $25,399 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $36,912 $36,912 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $6,711 $6,711 Amount appropriated in this Act $2,291,755 $2,291,755 The following appropriations are for agencies attached for administrative purposes. Firefighter Standards and Training Council To provide minimum certification standards for all firefighters and public safety professionals. Total Funds $690,145 State Funds $690,145 State General Funds $690,145 2716 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $551,565 $551,565 Annualize the cost of the FY2006 salary adjustment. $3,879 $3,879 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $6,146 $6,146 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $8,931 $8,931 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,624 $1,624 Increase per diem and fees to provide state certified firefighters to evaluate firefighters' certification tests. $96,000 $96,000 Increase computer charges for hardware to implement SB 169 requiring FFSTC to certify volunteer firefighters. $22,000 $22,000 Amount appropriated in this Act $690,145 $690,145 Public Safety Training Center To develop, deliver and facilitate training that results in professional and competent public safety services for the people of Georgia. Total Funds $13,205,729 Federal and Other Funds $1,634,073 Agency Funds $1,634,073 State Funds $11,571,656 State General Funds $11,571,656 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $10,988,058 $12,622,131 Annualize the cost of the FY2006 salary adjustment. $76,195 $76,195 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $100,240 $100,240 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $145,677 $145,677 WEDNESDAY, MARCH 8, 2006 2717 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $26,486 Increase regular operating expenses to provide meals and lodging for students enrolled in the Basic Communications Officer course. $35,000 Add funds to develop the Dalton Diversion Center as a $200,000 Training Center. Amount appropriated in this Act $11,571,656 $26,486 $35,000 $200,000 $13,205,729 Office of Highway Safety 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 $3,670,822 Federal and Other Funds $3,166,937 Federal Funds Not specifically Identified $3,166,937 State Funds $503,885 State General Funds $503,885 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $485,876 $3,652,813 Annualize the cost of the FY2006 salary adjustment. $4,528 $4,528 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $4,961 $4,961 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $7,209 $7,209 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,311 $1,311 Amount appropriated in this Act $503,885 $3,670,822 Peace Officers Standards and Training Council (POST) To provide the citizens of Georgia with qualified, professionally trained, ethical and competent peace officers and criminal justice professionals. Total Funds $2,008,767 State Funds $2,008,767 State General Funds $2,008,767 2718 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,905,971 $1,905,971 Annualize the cost of the FY2006 salary adjustment. $11,237 $11,237 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $17,685 $17,685 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $25,702 $25,702 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,673 $4,673 Annualize the cost of 1 investigator position transferred from the Department of Corrections to POST. $43,499 $43,499 Amount appropriated in this Act $2,008,767 $2,008,767 Section 38: Public Service Commission Total Funds Federal and Other Funds Federal Funds Not specifically Identified State Funds State General Funds Intra-State Government Transfers Other Fund Sources $9,120,406 $273,311 $273,311 $8,847,095 $8,847,095 $0 $0 Administration To assist the Commissioners and staff in achieving the agency's goals. Total Funds $1,187,065 State Funds $1,187,065 State General Funds $1,187,065 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,401,396 $1,401,396 Annualize the cost of the FY2006 salary adjustment. $9,629 $9,629 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $10,324 $10,324 WEDNESDAY, MARCH 8, 2006 2719 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $8,693 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $18,571 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,438 Reduce one-time funding for moving expenses in the ($175,000) Administration program. Transfer funds from the Administration and Facilities Protection programs to the Utilities Regulation program to accurately reflect program expenditures. ($87,986) Amount appropriated in this Act $1,187,065 $8,693 $18,571 $1,438 ($175,000) ($87,986) $1,187,065 Facilities Protection To provide for the protection of the buried utility facility infrastructure within the State of Georgia. Total Funds $903,635 Federal and Other Funds $273,311 Federal Funds Not specifically Identified $273,311 State Funds $630,324 State General Funds $630,324 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $665,164 $938,475 Annualize the cost of the FY2006 salary adjustment. $4,890 $4,890 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $5,833 $5,833 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $3,652 $3,652 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $10,492 $10,492 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $812 $812 2720 JOURNAL OF THE HOUSE Transfer a position to Facilities Protection from Utilities Regulation to accurately reflect program expenditures. Transfer funds from the Administration and Facilities Protection programs to the Utilities Regulation program to accurately reflect program expenditures. Amount appropriated in this Act $0 ($60,519) $630,324 $0 ($60,519) $903,635 Utilities Regulation To regulate intrastate telecommunications, natural gas, and electric utilities. Total Funds $7,029,706 State Funds $7,029,706 State General Funds $7,029,706 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,339,307 $6,339,307 Annualize the cost of the FY2006 salary adjustment. $46,653 $46,653 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $49,600 $49,600 Provide for an adjustment to the Georgia Building $39,295 Authority (GBA) real estate rental rate for office space. $39,295 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $89,223 $89,223 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $6,908 $6,908 Transfer funds from the Administration and Facilities Protection programs to the Utilities Regulation program to accurately reflect program expenditures. $148,505 $148,505 Transfer a position to Facilities Protection from Utilities Regulation to accurately reflect program expenditures. $0 $0 Provide funding for per diem and fees in the Utilities Regulation program to hire outside consultants and expert witnesses for upcoming rate proceedings. $200,000 $200,000 Add 2 positions to the Transportation unit of the Utilities Regulation program to perform audits and training and to update maximum rate tariffs. $110,215 $110,215 WEDNESDAY, MARCH 8, 2006 2721 Amount appropriated in this Act $7,029,706 $7,029,706 Section 39: Regents, University System of Georgia Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds Research Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers Other Fund Sources Indirect DOAS Funding $4,681,067,155 $2,749,984,962 $0 $1,165,428,894 $6,665,310 $1,577,890,758 $1,931,082,193 $15,732,554 $1,915,349,639 $0 $0 $0 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 $72,648,126 Federal and Other Funds $32,441,262 Agency Funds $10,441,262 Research Funds $22,000,000 State Funds $40,206,864 State General Funds $40,206,864 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $38,481,866 $70,923,128 Annualize the cost of the FY2006 salary adjustment. $88,683 $88,683 Annualize the cost of the FY2006 salary adjustment. $38,007 $38,007 Annualize the cost of the FY2006 salary adjustment. $190,036 $190,036 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $601,972 $601,972 2722 JOURNAL OF THE HOUSE Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $126,208 $126,208 Align program budgets and object classes to reflect actual expenditures. ($19,908) ($19,908) Add funds for maintenance and operations for the Agricultural Experiment Station ($700,000). $700,000 $700,000 Amount appropriated in this Act $40,206,864 $72,648,126 ATDC/EDI The purpose is to provide strategic business advice and connect its member companies to the people and resources they need to succeed. Total Funds $27,447,215 Federal and Other Funds $12,875,000 Agency Funds $12,875,000 State Funds $14,572,215 State General Funds $14,572,215 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $8,852,624 $21,727,624 Annualize the cost of the FY2006 salary adjustment. $2,133 $2,133 Annualize the cost of the FY2006 salary adjustment. $51,589 $51,589 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $174,432 $174,432 Reduce funding for the Business Insight Initiative in the ATDC/EDI program. ($55,031) ($55,031) Align program budgets and object classes to reflect actual expenditures. $200,000 $200,000 Provide funding to expand ATDC Seed Capital Fund for investment in entrepreneur-led start-up companies to promote job growth in Georgia's bio-science industry. $5,000,000 $5,000,000 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $20,388 $20,388 WEDNESDAY, MARCH 8, 2006 2723 Align program budgets and object classes to reflect actual expenditures. Align program budgets and object classes to reflect actual expenditures. Transfer funding from the Center for Assistive Technology and Environmental Access. Amount appropriated in this Act ($4,986,295) ($12,544,229) $4,986,295 $12,544,229 $326,080 $326,080 $14,572,215 $27,447,215 Athens/Tifton Vet labs 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 $4,737,054 Federal and Other Funds $4,653,970 Research Funds $4,653,970 State Funds $83,084 State General Funds $83,084 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $41,542 $4,695,512 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $83,084 $83,084 Transfer FY 2006 pay raise funds budgeted to the Athens/Tifton Veterinary Labs to the contract within the Department of Agriculture. ($41,542) ($41,542) Amount appropriated in this Act $83,084 $4,737,054 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 $56,528,411 Federal and Other Funds $23,094,137 Agency Funds $10,094,137 Research Funds $13,000,000 State Funds $33,434,274 2724 JOURNAL OF THE HOUSE State General Funds $33,434,274 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $31,779,748 $54,873,885 Annualize the cost of the FY2006 salary adjustment. $62,341 $62,341 Annualize the cost of the FY2006 salary adjustment. $178,799 $178,799 Annualize the cost of the FY2006 salary adjustment. $24,140 $24,140 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $586,158 $586,158 Eliminate one-time funds for the Formosan Termite ($80,000) Project in the Cooperative Extension Service program. ($80,000) Add funds for maintenance and operations for the Agricultural Experiment Station ($700,000) and the Cooperative Extension Service ($300,000). $300,000 $300,000 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $128,350 $128,350 Align program budgets and object classes to reflect actual expenditures. ($6,262) ($6,262) Add 3 county extension agents for animal poultry and 2 positions for 4-H agents in the Cooperative Extension program. $386,000 $386,000 Provide funds for Vidalia onion research. $75,000 $75,000 Amount appropriated in this Act $33,434,274 $56,528,411 Forestry Cooperative Extension The purpose 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 $659,442 State Funds $659,442 State General Funds $659,442 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: WEDNESDAY, MARCH 8, 2006 2725 Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. Eliminate funds for a part-time administrative support position in the Forestry Cooperative Extension program. Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. Align program budgets and object classes to reflect actual expenditures. Amount appropriated in this Act State Funds $632,486 $6,262 $12,000 $0 $2,432 $6,262 $659,442 Total Funds $632,486 $6,262 $12,000 $0 $2,432 $6,262 $659,442 Forestry Research The purpose is to sustain competitiveness of Georgia's forest products industry and private landowners through research and meet environmental goals of sustainable forestry initiative. Total Funds $3,134,341 State Funds $3,134,341 State General Funds $3,134,341 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,011,535 $3,011,535 Annualize the cost of the FY2006 salary adjustment. $29,247 $29,247 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $57,764 $57,764 Eliminate funding for 1.5 support positions in the Forestry Research program. $0 $0 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $15,887 $15,887 2726 JOURNAL OF THE HOUSE Align program budgets and object classes to reflect actual expenditures. Amount appropriated in this Act $19,908 $19,908 $3,134,341 $3,134,341 Georgia Radiation Therapy Center The purpose is to provide patient care and education. Total Funds Federal and Other Funds Other 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 $130,466,440 Federal and Other Funds $122,917,958 Agency Funds $53,807,216 Research Funds $69,110,742 State Funds $7,548,482 State General Funds $7,548,482 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,842,095 $129,760,053 Annualize the cost of the FY2006 salary adjustment. $12,159 $12,159 Annualize the cost of the FY2006 salary adjustment. $50,193 $50,193 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $134,722 $134,722 Provide start-up funds for the worker safety technology program at the Georgia Tech Research Institute. $141,014 $141,014 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $15,488 $15,488 Align program budgets and object classes to reflect actual expenditures. ($200,000) ($200,000) WEDNESDAY, MARCH 8, 2006 2727 Provide funds to correct an error in personal services for the Georgia Tech Research Institute. Amount appropriated in this Act $552,811 $552,811 $7,548,482 $130,466,440 Marine Extension Services The purpose is to transfer technology, provide training, and conduct applied research. Total Funds $2,713,007 Federal and Other Funds $1,184,800 Agency Funds $584,800 Research Funds $600,000 State Funds $1,528,207 State General Funds $1,528,207 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,426,750 $2,611,550 Annualize the cost of the FY2006 salary adjustment. $18,376 $18,376 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $22,010 $22,010 Provide funds to hire 1 position to aid the fishing and shrimping industries in the Marine Extension Service program. $57,070 $57,070 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $4,001 $4,001 Amount appropriated in this Act $1,528,207 $2,713,007 Marine Institute To conduct and support basic research on barrier island & salt marsh ecosystem function to support awareness & management of coastal environments. Provide educational experiences that inspire appreciation of and future commitment to the GA coast. Total Funds $1,711,549 Federal and Other Funds $767,633 Agency Funds $67,633 2728 JOURNAL OF THE HOUSE Research Funds $700,000 State Funds $943,916 State General Funds $943,916 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $923,165 $1,690,798 Annualize the cost of the FY2006 salary adjustment. $5,667 $5,667 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $13,148 $13,148 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $1,936 $1,936 Amount appropriated in this Act $943,916 $1,711,549 MCG Hospitals and Clinics The purpose is to care, teach, and refer clients. Total Funds $32,272,644 State Funds $32,272,644 State General Funds $32,272,644 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $31,510,080 $31,510,080 Annualize the cost of the FY2006 salary adjustment. $251,114 $251,114 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $511,450 $511,450 Amount appropriated in this Act $32,272,644 $32,272,644 Office of Minority Business Enterprises The purpose is to provide assistance in the mitigation of factors that place minority businesses in a disadvantaged position. Total Funds $860,161 State Funds $860,161 WEDNESDAY, MARCH 8, 2006 2729 State General Funds $860,161 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $860,499 $860,499 Annualize the cost of the FY2006 salary adjustment. $4,106 $4,106 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $10,052 $10,052 Apply a 2% reduction to the Office of Minority Business Enterprise program. ($17,210) ($17,210) Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $2,714 $2,714 Amount appropriated in this Act $860,161 $860,161 Public Libraries The purpose is to provide library services for Georgians and to award grants from the Public Library Fund. Total Funds $39,789,906 Federal and Other Funds $2,509,208 Agency Funds $2,509,208 State Funds $37,280,698 State General Funds $37,280,698 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $35,748,543 $38,257,751 Annualize the cost of the FY2006 salary adjustment. $8,106 $8,106 Annualize the cost of the FY2006 salary adjustment. $210,137 $210,137 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $440,850 $440,850 2730 JOURNAL OF THE HOUSE Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Transfer $69,356 from Public Libraries to Regents Central Office to correct an error in the GBA rental rates (G:Yes). Eliminate one-time funds for major repairs and renovations in the Public Libraries program. Provide an enhancement to the New Directions funding formula for the Georgia Public Library System grants. Add funds to pay increase in real estate rentals to enable the Georgia Public Library System to relocate to mission-suitable appropriate facilities. Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. Adjust personal services to reflect an increase in the employer share of the State Health Benefit Plan to correct an error for the Public Libraries. Provide funding to increase the library materials grant with funds to be distributed based on the New Directions funding formula. Provide funding for renovations to Mountain View Library. Amount appropriated in this Act $47,103 $403,141 $2,867 ($69,356) ($2,000,000) $900,000 $50,000 $7,307 $220,000 $1,000,000 $312,000 $37,280,698 $47,103 $403,141 $2,867 ($69,356) ($2,000,000) $900,000 $50,000 $7,307 $220,000 $1,000,000 $312,000 $39,789,906 Public Service/Special Funding Initiatives The purpose is to provide leadership, service, and education. Total Funds State Funds Tobacco Funds State General Funds $32,237,559 $32,237,559 $5,000,000 $27,237,559 WEDNESDAY, MARCH 8, 2006 2731 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $29,821,275 $29,821,275 Annualize the cost of the FY2006 salary adjustment. $122,073 $122,073 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $287,886 $287,886 Transfer Education GO Get It in the Public Service/Special Funding Initiatives program to the Department of Education. ($977,905) ($977,905) Eliminate funding for the Water Policy Institute in the Special Funding Initiatives program. ($543,200) ($543,200) Fund the Nurse Anesthetist program in the Special Funding Initiatives program from Resident Instruction in the Teaching program. $0 $0 Provide funds to ICAPP Health to collect data on the shortage of nursing educators and to determine the best strategy for producing more nursing educators. $27,430 $27,430 Add funds for the Georgia Leadership Institute for School Improvement in the Special Funding Initiatives program to provide additional leadership development programs for principals. $1,500,000 $1,500,000 Add funds for the UGA-Griffin campus to expand current course offerings. $500,000 $500,000 Add start-up funds for 15 faculty members at Georgia Gwinnett College in the Special Funding Initiatives program. $1,000,000 $1,000,000 Provide one-time funding for the bio-business incubator at the Medical College of Georgia. $500,000 $500,000 Amount appropriated in this Act $32,237,559 $32,237,559 Regents Central Office The purpose is to provide administrative support to all colleges and universities in the university system. Total Funds $7,790,404 2732 JOURNAL OF THE HOUSE State Funds $7,790,404 State General Funds $7,790,404 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,264,505 $7,264,505 Annualize the cost of the FY2006 salary adjustment. $64,108 $64,108 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $110,130 $110,130 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $164,752 $164,752 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $21,026 $21,026 Transfer $69,356 from Public Libraries to Regents Central Office to correct an error in the GBA rental rates. $69,356 $69,356 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $25,950 $25,950 Increase funding for the SREB Regional Contract program and the Minority Doctoral Scholars program to meet actual contract costs and add 4 additional students. $264,550 $264,550 Reduce Central Office funding by 3%. ($193,973) ($193,973) Amount appropriated in this Act $7,790,404 $7,790,404 Research Consortium To conduct research to further industry in the State of Georgia. Total Funds $36,382,805 State Funds $36,382,805 Tobacco Funds $10,732,554 State General Funds $25,650,251 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: WEDNESDAY, MARCH 8, 2006 2733 Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Annualize the cost of the FY2006 salary adjustment. Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. Provide funding for Georgia Research Alliance's VentureLab and a Patent Fund for investment in entrepreneur-led start-up companies to promote job growth in Georgia's bioscience industry and 2 eminent scholars to implement an energy policy and research agenda in the Research Consortium program. Reflect the completion of the Georgia Cancer Cohort Study. Annualize the cost of the FY2006 salary adjustment. Provide a one-time increase in the Research Consortium program for the Georgia Research Alliance Eminent Scholar Endowment to attract prominent research scientists to Georgia Research Universities. Provide funding for Georgia Research Alliance's VentureLab and a Patent Fund for investment in entrepreneur-led start-up companies to promote job growth in Georgia's bioscience industry and 2 eminent scholars to implement an energy policy and research agenda in the Research Consortium program. Amount appropriated in this Act State Funds $31,770,043 $7,608 Total Funds $31,770,043 $7,608 $44,716 $44,716 $108,692 $108,692 $2,200,000 $2,200,000 ($500,000) $1,746 $250,000 ($500,000) $1,746 $250,000 $2,500,000 $2,500,000 $36,382,805 $36,382,805 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 $7,292,073 Federal and Other Funds $5,658,000 2734 JOURNAL OF THE HOUSE Agency Funds $1,520,000 Research Funds $4,138,000 State Funds $1,634,073 State General Funds $1,634,073 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,557,477 $7,215,477 Annualize the cost of the FY2006 salary adjustment. $12,924 $12,924 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $24,570 $24,570 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,779 $4,779 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $34,323 $34,323 Amount appropriated in this Act $1,634,073 $7,292,073 Student Education Enrichment Program The purpose is to provide underrepresented Georgia residents the opportunity to acquire educational experiences. Total Funds $308,315 State Funds $308,315 State General Funds $308,315 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $304,035 $304,035 Annualize the cost of the FY2006 salary adjustment. $1,224 $1,224 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $3,056 $3,056 Amount appropriated in this Act $308,315 $308,315 WEDNESDAY, MARCH 8, 2006 2735 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 $4,176,115,095 Federal and Other Funds $2,519,332,893 Agency Funds $1,052,605,347 Other Funds $3,039,500 Research Funds $1,463,688,046 State Funds $1,656,782,202 State General Funds $1,656,782,202 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,558,562,243 $4,077,895,136 Annualize the cost of the FY2006 salary adjustment. $14,830,052 $14,830,052 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $27,456,056 $27,456,056 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,782,468 $1,782,468 Provide funds to fully fund enrollment increases based on a 1.6% increase in semester credit hours and operating expenses related to additional square footage. $52,809,821 $52,809,821 Remove one-time funds to the North Georgia College and State University in the Teaching program. ($100,000) ($100,000) Eliminate the Center for Trade and Technology Transfer in the Teaching program. ($56,765) ($56,765) Eliminate the School of Law-Export Study (Dean Rusk Center) in the Teaching program. ($438,315) ($438,315) Increase funds for the Fiscal Research Center to reflect actual costs of current level of service in the Teaching program. $38,145 $38,145 Adjust debt service payback amount for the Student Center construction project at Georgia Southern University in the Teaching program. $677,118 $677,118 2736 JOURNAL OF THE HOUSE Eliminate funds for the Greenbelt Study at the Georgia Tech School of Urban Planning in the Teaching program. Eliminate Georgia Career Information Services in the Teaching program. Provide funding for Fort Valley State University land grant mission. Amount appropriated in this Act ($200,000) ($200,000) ($92,647) ($92,647) $1,514,026 $1,514,026 $1,656,782,202 $4,176,115,095 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 $3,249,577 State Funds $3,249,577 State General Funds $3,249,577 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,148,784 $3,148,784 Annualize the cost of the FY2006 salary adjustment. $5,865 $5,865 Annualize the cost of the FY2006 salary adjustment. $20,887 $20,887 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $54,540 $54,540 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $19,501 $19,501 Amount appropriated in this Act $3,249,577 $3,249,577 Veterinary Medicine Teaching Hospital The purpose is to provide state of the art capabilities in diagnostic imaging, including MRI, CT scanning, nuclear scintigraphy, and various methods of ultrasonography. Total Funds $7,189,727 Federal and Other Funds $6,700,000 WEDNESDAY, MARCH 8, 2006 2737 Agency Funds $6,700,000 State Funds $489,727 State General Funds $489,727 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $478,173 $7,178,173 Annualize the cost of the FY2006 salary adjustment. $4,734 $4,734 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $5,272 $5,272 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $1,548 $1,548 Amount appropriated in this Act $489,727 $7,189,727 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 $2,660,060 State Funds $2,660,060 State General Funds $2,660,060 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,500,092 $2,500,092 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $61,347 $61,347 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $19,153 $19,153 Adjust personal services to reflect an increase in the employer share of the State Health Benefit Plan for non-certificated employees. $187,453 $187,453 2738 JOURNAL OF THE HOUSE Reduce personal services for the Junior College program ($12,985) and eliminate one-time design funds for the preparatory school classroom facility ($95,000). Amount appropriated in this Act ($107,985) ($107,985) $2,660,060 $2,660,060 The following appropriations are for agencies attached for administrative purposes. 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 $31,247,434 Federal and Other Funds $14,224,291 Agency Funds $14,224,291 State Funds $17,023,143 State General Funds $17,023,143 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $16,954,058 $31,178,349 Annualize the cost of the FY2006 salary adjustment. $70,567 $70,567 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $143,916 $143,916 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $10,544 $10,544 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $143,208 $143,208 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $6,446 $6,446 Increase funds in the Educational Technology Services program ($25,114) and the Public Broadcast Services program ($8,371) to correct a GTA rate adjustment error. $33,485 $33,485 WEDNESDAY, MARCH 8, 2006 2739 Reduce operating expenses in the Education Technology Services program to reflect anticipated reduction in costs associated with contracts and publications. Amount appropriated in this Act ($339,081) ($339,081) $17,023,143 $31,247,434 Section 40: Revenue, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers Other Fund Sources Indirect DOAS Funding $555,817,132 $7,005,348 $0 $5,925,898 $1,079,450 $548,811,784 $150,000 $548,661,784 $0 $0 $0 Administration 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 Corrections. Total Funds $4,053,813 State Funds $4,053,813 State General Funds $4,053,813 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,979,012 $3,979,012 Annualize the cost of the FY2006 salary adjustment. $21,423 $21,423 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $18,136 $18,136 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $32,640 $32,640 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,602 $2,602 2740 JOURNAL OF THE HOUSE Amount appropriated in this Act $4,053,813 $4,053,813 Customer Service 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 $12,819,354 Federal and Other Funds $2,110,135 Agency Funds $2,110,135 State Funds $10,709,219 State General Funds $10,709,219 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,644,919 $11,755,054 Annualize the cost of the FY2006 salary adjustment. $67,412 $67,412 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $82,895 $82,895 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $149,187 $149,187 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $11,890 $11,890 Increase funding to telecommunications to improve customer service. $212,968 $212,968 Redirect Local Sales Tax Distribution ($8,825,027) to Revenue Processing ($4,500,000), Customer Service ($539,948) and Local Tax Officials Retirement and FICA ($3,785,079). $539,948 $539,948 Amount appropriated in this Act $10,709,219 $12,819,354 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. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $8,825,027 $8,825,027 WEDNESDAY, MARCH 8, 2006 2741 Redirect Local Sales Tax Distribution ($8,825,027) to Revenue Processing ($4,500,000), Customer Service ($539,948) and Local Tax Officials Retirement and FICA ($3,785,079). Amount appropriated in this Act ($8,825,027) ($8,825,027) $0 $0 Homeowners Tax Relief Grants (HTRG) To provide homeowners 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 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $432,290,501 $432,290,501 Increase funding to $434,000,000 for Homeowners' $0 $0 Tax Relief Grants. Amount appropriated in this Act $432,290,501 $432,290,501 Industry Regulation 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 $4,646,971 State Funds $4,646,971 Tobacco Funds $150,000 State General Funds $4,496,971 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,516,392 $4,516,392 Annualize the cost of the FY2006 salary adjustment. $23,706 $23,706 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $28,283 $28,283 2742 JOURNAL OF THE HOUSE Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act $23,632 $23,632 $50,902 $50,902 $4,056 $4,646,971 $4,056 $4,646,971 Local Tax Officials Retirement and FICA Total Funds State Funds State General Funds $3,785,079 $3,785,079 $3,785,079 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Redirect Local Sales Tax Distribution ($8,825,027) to Revenue Processing ($4,500,000), Customer Service ($539,948) and Local Tax Officials Retirement and FICA ($3,785,079). $3,785,079 $3,785,079 Amount appropriated in this Act $3,785,079 $3,785,079 Revenue Processing 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 $41,021,830 Federal and Other Funds $426,769 Other Funds $426,769 State Funds $40,595,061 State General Funds $40,595,061 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $28,891,183 $29,317,952 WEDNESDAY, MARCH 8, 2006 2743 Annualize the cost of the FY2006 salary adjustment. $181,792 $181,792 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $201,825 $201,825 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $117,555 $117,555 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $363,229 $363,229 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $28,951 $28,951 Transfer 1 position to the Department of Public Safety. ($30,000) ($30,000) Increase computer charges to ensure accurate and timely tax collection. $6,340,526 $6,340,526 Redirect Local Sales Tax Distribution ($8,825,027) to Revenue Processing ($4,500,000), Customer Service ($539,948) and Local Tax Officials Retirement and FICA ($3,785,079). $4,500,000 $4,500,000 Amount appropriated in this Act $40,595,061 $41,021,830 Salvage Inspection To inspect rebuilt salvage vehicles. Total Funds $1,581,159 State Funds $1,581,159 State General Funds $1,581,159 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,527,364 $1,527,364 Annualize the cost of the FY2006 salary adjustment. $9,411 $9,411 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $11,557 $11,557 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $10,369 $10,369 2744 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act $20,800 $1,658 $1,581,159 $20,800 $1,658 $1,581,159 State Board of Equalization 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 Tag and Title Registration To establish motor vehicle ownership. Total Funds $23,194,458 Federal and Other Funds $652,681 Other Funds $652,681 State Funds $22,541,777 State General Funds $22,541,777 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $22,099,571 $22,752,252 Annualize the cost of the FY2006 salary adjustment. $79,050 $79,050 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $102,364 $102,364 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $61,883 $61,883 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $184,226 $184,226 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $14,683 $14,683 WEDNESDAY, MARCH 8, 2006 2745 Amount appropriated in this Act $22,541,777 $23,194,458 Tax Compliance To ensure that all taxpayers pay the correct amount of taxes owed under the law. Total Funds $32,418,967 Federal and Other Funds $3,815,763 Agency Funds $3,815,763 State Funds $28,603,204 State General Funds $28,603,204 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $26,724,660 $30,540,423 Annualize the cost of the FY2006 salary adjustment. $206,283 $206,283 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $218,065 $218,065 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $2,924 $2,924 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $392,455 $392,455 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $31,279 $31,279 Increase contracts for collection of delinquent taxes. $1,027,538 $1,027,538 Amount appropriated in this Act $28,603,204 $32,418,967 Section 41: Secretary of State Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds Records Center Storage Fee State Funds State General Funds Intra-State Government Transfers $38,462,427 $1,498,265 $0 $1,064,350 $4,681 $429,234 $36,964,162 $36,964,162 $0 2746 JOURNAL OF THE HOUSE Other Fund Sources $0 Administration To provide administrative support to the Office of Secretary of State and its attached agencies. Total Funds $4,837,454 Federal and Other Funds $30,000 Agency Funds $30,000 State Funds $4,807,454 State General Funds $4,807,454 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,642,318 $4,672,318 Annualize the cost of the FY2006 salary adjustment. $36,562 $36,562 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $40,929 $40,929 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $21,923 $21,923 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $59,808 $59,808 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $5,914 $5,914 Amount appropriated in this Act $4,807,454 $4,837,454 Archives To assist 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 $6,481,075 Federal and Other Funds $508,753 Agency Funds $75,000 Other Funds $4,519 Records Center Storage Fee $429,234 State Funds $5,972,322 WEDNESDAY, MARCH 8, 2006 2747 State General Funds $5,972,322 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,856,020 $6,360,254 Annualize the cost of the FY2006 salary adjustment. $21,907 $23,758 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $25,793 $25,793 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $27,185 $27,185 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $37,690 $40,358 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $3,727 $3,727 Create a new fund source to properly reflect the Record Center Storage revenue. $0 $0 Amount appropriated in this Act $5,972,322 $6,481,075 Capitol Tours To provide guided informational tours of the State Capitol. Total Funds $155,777 State Funds $155,777 State General Funds $155,777 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $151,672 $151,672 Annualize the cost of the FY2006 salary adjustment. $1,007 $1,007 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $1,189 $1,189 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $1,737 $1,737 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $172 $172 Amount appropriated in this Act $155,777 $155,777 2748 JOURNAL OF THE HOUSE Corporations To accept and review filings made pursuant to statutes; to issue certifications of records on file; and to provide general information to the public on all filed entities. Total Funds $1,937,301 Federal and Other Funds $739,512 Agency Funds $739,350 Other Funds $162 State Funds $1,197,789 State General Funds $1,197,789 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,312,934 $2,052,284 Annualize the cost of the FY2006 salary adjustment. $12,401 $12,401 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $13,736 $13,736 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $16,662 $16,662 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $20,071 $20,233 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,985 $1,985 Reflect reduction in the Corporations division. ($180,000) ($180,000) Amount appropriated in this Act $1,197,789 $1,937,301 Elections To administer all duties imposed upon the Secretary of State by providing all required filing and public information services, performing all certification and commissioning duties required by law and assisting candidates, local governments, and citizens in interpreting and complying with all election, voter registration and financial disclosure laws. Total Funds $5,129,663 Federal and Other Funds $20,000 Agency Funds $20,000 State Funds $5,109,663 State General Funds $5,109,663 WEDNESDAY, MARCH 8, 2006 2749 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,545,164 $5,565,164 Annualize the cost of the FY2006 salary adjustment. $14,603 $14,603 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $16,668 $16,668 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $8,770 $8,770 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $24,357 $24,357 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,408 $2,408 Reflect reduction in the Elections divisions. ($395,759) ($395,759) Transfer remaining budget of the Elections Campaign and Financial Disclosure program to the State Ethics Commission. (G: Yes) (H: Yes) ($106,548) ($106,548) Amount appropriated in this Act $5,109,663 $5,129,663 Professional Licensing Boards To protect the public health and welfare by supporting all operations of Boards which license professions. Total Funds $11,504,435 Federal and Other Funds $150,000 Agency Funds $150,000 State Funds $11,354,435 State General Funds $11,354,435 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,318,609 $9,468,609 Annualize the cost of the FY2006 salary adjustment. $55,661 $55,661 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $66,017 $66,017 2750 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $96,469 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $9,539 Annualize funding for the Residential and General Contractors Board. $556,622 Enable the Professional Licensing Boards (PLB) to fill critical support and inspection/investigative vacancies in the Consumer Services, Allied Health Fields, and Health and Consumer sections as well as in the Businesses and Professions and Health Care Investigative Units ($475,562); fund 12 new support and inspection/investigative positions for the following boards: Barber, Construction, Cosmetology, Dentistry, Engineers/Land Surveyors, Funeral Services, Registered Nurses, and Used Motor Vehicles and Parts Dealers ($488,491) and related position start-up purchases and operating costs ($132,900); and fund increase in PLB board member travel expenses ($54,565). $1,151,518 Provide funding for SB 110. $100,000 Amount appropriated in this Act $11,354,435 $96,469 $9,539 $556,622 $1,151,518 $100,000 $11,504,435 Securities To provide for registration, compliance and enforcement of the provisions of the Georgia Codes, and to provide information to public regarding subjects of such codes. Total Funds $2,090,428 Federal and Other Funds $50,000 Agency Funds $50,000 State Funds $2,040,428 State General Funds $2,040,428 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,961,222 $2,011,222 Annualize the cost of the FY2006 salary adjustment. $16,775 $16,775 WEDNESDAY, MARCH 8, 2006 2751 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act $18,911 $13,154 $27,633 $2,733 $2,040,428 $18,911 $13,154 $27,633 $2,733 $2,090,428 The following appropriations are for agencies attached for administrative purposes. Georgia Real Estate Commission To administer the license law for real estate brokers and salespersons and with providing administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal. Total Funds $3,253,396 State Funds $3,253,396 State General Funds $3,253,396 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,891,088 $2,891,088 Annualize the cost of the FY2006 salary adjustment. $16,102 $16,102 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $16,992 $16,992 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $27,739 $27,739 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,743 $2,743 Fill 2 vacant positions, add 1 position and 1 vehicle to meet increasing technology demands for investigative purposes. $298,732 $298,732 Amount appropriated in this Act $3,253,396 $3,253,396 2752 JOURNAL OF THE HOUSE State Ethics Commission To protect the integrity of the democratic process and ensure compliance by candidates, public officials, non-candidate campaign committees, lobbyists and vendors with Georgia's Campaign and Financial Disclosure requirements. Total Funds $1,456,602 State Funds $1,456,602 State General Funds $1,456,602 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $824,434 $824,434 Annualize the cost of the FY2006 salary adjustment. $4,106 $4,106 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $5,281 $5,281 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $5,636 $5,636 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $9,643 $9,643 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $954 $954 Transfer remaining budget of the Elections Campaign and Financial Disclosure program to the State Ethics Commission. (G: Yes) (H: Yes) $106,548 $106,548 Increase funds due to additional responsibilities for HB 48. $500,000 $500,000 Amount appropriated in this Act $1,456,602 $1,456,602 Georgia Commission on the Holocaust To teach the lessons of the Holocaust to present and future generations of Georgians in order to create an awareness of the enormity of the crimes of prejudice and inhumanity. Total Funds $253,412 State Funds $253,412 State General Funds $253,412 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: WEDNESDAY, MARCH 8, 2006 2753 Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act State Funds $245,915 $1,991 $1,892 $3,289 $325 $253,412 Total Funds $245,915 $1,991 $1,892 $3,289 $325 $253,412 Georgia Drugs and Narcotics Agency 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 $1,362,884 State Funds $1,362,884 State General Funds $1,362,884 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,288,769 $1,288,769 Annualize the cost of the FY2006 salary adjustment. $9,812 $9,812 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $10,966 $10,966 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $17,878 $17,878 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,768 $1,768 Provide additional funds to meet contractual rent obligations. $2,151 $2,151 Increase funding to new technology initiatives. $31,540 $31,540 Amount appropriated in this Act $1,362,884 $1,362,884 Section 42: Soil and Water Conservation Commission Total Funds $11,443,220 2754 JOURNAL OF THE HOUSE Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $8,345,743 $1,295,526 $7,430,217 ($380,000) $3,097,477 $3,097,477 $0 $0 Administration To protect, conserve, and improve the soil and water resources of the State of Georgia. Total Funds $599,705 State Funds $599,705 State General Funds $599,705 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $583,098 $583,273 Annualize the cost of the FY2006 salary adjustment. $4,115 $4,115 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $5,758 $5,758 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $5,447 $5,447 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,287 $1,287 Remove Other Funds added into agency budget in FY 2005. $0 ($175) Amount appropriated in this Act $599,705 $599,705 Conservation of Agricultural Water Supplies To conserve the use of Georgia's ground and surface water by agricultural water users. Total Funds $7,763,951 Federal and Other Funds $7,499,922 Federal Funds Not specifically Identified $750,000 WEDNESDAY, MARCH 8, 2006 2755 Agency Funds $6,749,922 State Funds $264,029 State General Funds $264,029 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $227,332 $7,727,254 Annualize the cost of the FY2006 salary adjustment. $2,282 $2,282 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $2,360 $2,360 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $2,233 $2,233 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $528 $528 Fund an increase in the reimbursement rate for district supervisors from $25 to $30 per required monthly meeting. $2,509 $2,509 Provide personal services funding for a resource specialist. $8,324 $8,324 Reallocate funds from the Conservation of Soil and Water Resources program to the Conservation of Agricultural Water Supplies program for the Region V office in Dawson to better reflect staff activities. $18,461 $18,461 Amount appropriated in this Act $264,029 $7,763,951 Conservation of Soil and Water Resources To conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands. Total Funds $2,017,215 Federal and Other Funds $845,821 Federal Funds Not specifically Identified $545,526 Agency Funds $680,295 Other Funds ($380,000) State Funds $1,171,394 State General Funds $1,171,394 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 2756 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Reallocate funds from the Conservation of Soil and Water Resources program to the Conservation of Agricultural Water Supplies program for the Region V office in Dawson to better reflect staff activities. Remove funds for 4 federal contracts that were completed in FY 2005. (Total Funds: $385,000) Remove Other Funds for an EPD Erosion & Sedimentation Control contract completed in FY 2005. Provide personal services funding for a resource specialist. Provide personal services funding for a rural program manager. Fund an increase in the reimbursement rate for district supervisors from $25 to $30 per required monthly meeting. Amount appropriated in this Act State Funds $1,092,694 $7,840 $11,495 $10,872 $2,569 ($18,461) $0 $0 $12,484 $25,049 $26,852 $1,171,394 Total Funds $2,636,515 $7,840 $11,495 $10,872 $2,569 ($18,461) ($318,000) ($380,000) $12,484 $25,049 $26,852 $2,017,215 USDA Flood Control Watershed Structures To provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. Total Funds $105,063 State Funds $105,063 State General Funds $105,063 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $19,655 $19,655 WEDNESDAY, MARCH 8, 2006 2757 Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Fund an increase in the reimbursement rate for district supervisors from $25 to $30 per required monthly meeting. Provide personal services funding for a rural program manager. Redirect state funds from the Water Resources and Land Use Planning program to the USDA Flood Control Watershed Structures program to complete maintenance on 5 Category 1 Dams. Amount appropriated in this Act $186 $247 $233 $55 $155 $6,679 $77,853 $105,063 $186 $247 $233 $55 $155 $6,679 $77,853 $105,063 Water Resources and Land Use Planning To improve the understanding of water use and to develop plans that improve water management and efficiency. Total Funds $957,286 State Funds $957,286 State General Funds $957,286 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,783,417 $1,850,417 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $24 $24 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $23 $23 Increase funds to reflect an adjustment in the Workers' $5 $5 Compensation premiums. Remove funds for 4 federal contracts that were completed in FY 2005. (Total Funds: $385,000) $0 ($67,000) 2758 JOURNAL OF THE HOUSE Provide personal services funding for a rural program manager. Redirect state funds from the Water Resources and Land Use Planning program to the USDA Flood Control Watershed Structures program to complete maintenance on 5 Category 1 Dams. Eliminate one-time funding for regional reservoir planning. Amount appropriated in this Act $1,670 ($77,853) $1,670 ($77,853) ($750,000) ($750,000) $957,286 $957,286 Section 43: Student Finance Commission and Authority, Georgia Total Funds $584,061,537 Federal and Other Funds Federal Funds Not specifically Identified Other Funds $7,294,253 $520,653 $6,773,600 State Funds Lottery Funds State General Funds $576,767,284 $539,601,059 $37,166,225 Intra-State Government Transfers $0 Other Fund Sources $0 Accel 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 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 WEDNESDAY, MARCH 8, 2006 2759 Georgia Military College Scholarship 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 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 postsecondary institution in Georgia. Total Funds $2,329,200 State Funds $2,329,200 State General Funds $2,329,200 Guaranteed Educational Loans To provide service cancelable loans to students enrolled in critical fields of study, which include nursing, physical therapy and pharmacy. Total Funds $4,079,883 Federal and Other Funds $280,000 Other Funds $280,000 State Funds $3,799,883 State General Funds $3,799,883 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,799,883 $3,799,883 Increase funding for service cancelable loans to fund 100 additional nursing slots (Other Funds: $280,000). $0 $280,000 Redirect funds to provide for a service cancelable loan $0 $0 program for nursing educators at a maximum of $2,000 per loan for up to 100 students at a total cost of $200,000. Amount appropriated in this Act $3,799,883 $4,079,883 HERO Scholarship To provide educational grant assistance to members of the Georgia National Guard 2760 JOURNAL OF THE HOUSE and U.S. Military Reservists who served in combat zones and the children of such members. Total Funds $200,000 State Funds $200,000 State General Funds $200,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Provide funds for the HERO Scholarship of $2,000 per award. $200,000 $200,000 Amount appropriated in this Act $200,000 $200,000 HOPE Administration 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 $5,228,320 State Funds $5,228,320 Lottery Funds $5,228,320 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,111,697 $5,111,697 Annualize the cost of the FY2006 salary adjustment. $20,940 $20,940 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $87,275 $87,275 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $8,408 $8,408 Increase funds in HOPE Administration to provide 2 positions to implement the mandated grade point transcript exchange initiative. $0 $0 Amount appropriated in this Act $5,228,320 $5,228,320 HOPE GED 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. WEDNESDAY, MARCH 8, 2006 2761 Total Funds $2,461,614 State Funds $2,461,614 Lottery Funds $2,461,614 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,840,694 $2,840,694 Reduce HOPE GED ($379,080) and HOPE Scholarship-Private Schools ($100,118) to reflect true need and transfer funds to HOPE Scholarship-Public Schools to provide for projected growth. ($379,080) ($379,080) Amount appropriated in this Act $2,461,614 $2,461,614 HOPE Grant To provide grants to students seeking a diploma or certificate at a public postsecondary institution. Total Funds $122,784,173 State Funds $122,784,173 Lottery Funds $122,784,173 HOPE Scholarships - Private Schools To provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private post-secondary institution. Total Funds $45,651,732 State Funds $45,651,732 Lottery Funds $45,651,732 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $45,751,850 $45,751,850 Reduce HOPE GED ($379,080) and HOPE Scholarship-Private Schools ($100,118) to reflect true need and transfer funds to HOPE Scholarship-Public Schools to provide for projected growth. ($100,118) ($100,118) Amount appropriated in this Act $45,651,732 $45,651,732 HOPE Scholarships - Public Schools To provide merit scholarships to students seeking an associate or baccalaureate 2762 JOURNAL OF THE HOUSE degree at an eligible public post-secondary institution. Total Funds $344,500,917 State Funds $344,500,917 Lottery Funds $344,500,917 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $326,011,143 $326,011,143 Reduce HOPE GED ($379,080) and HOPE Scholarship-Private Schools ($100,118) to reflect true need and transfer funds to HOPE Scholarship-Public Schools to provide for projected growth. $479,198 $479,198 Eliminate remaining funds in Promise II ($74,590) as part of planned phase out and transfer funds to HOPE Scholarship-Public Schools to provide for projected growth. $74,590 $74,590 Increase funds for HOPE Scholarship-Public Schools $17,935,986 $17,935,986 to reflect projected growth. Amount appropriated in this Act $344,500,917 $344,500,917 Law Enforcement Dependents Grant 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 postsecondary institution in Georgia. Total Funds $50,911 State Funds $50,911 State General Funds $50,911 Leveraging Educational Assistance Partnership Program (LEAP) 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 Federal and Other Funds $520,653 Federal Funds Not specifically Identified $520,653 State Funds $966,757 State General Funds $966,757 WEDNESDAY, MARCH 8, 2006 2763 North Ga. Military Scholarship Grants To provide outstanding students with a full scholarship to attend North Georgia College and State University, thereby strengthening Georgia's Army National Guard with their membership. Total Funds $1,694,353 Federal and Other Funds $1,010,402 Other Funds $1,010,402 State Funds $683,951 State General Funds $683,951 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $683,951 $683,951 Increase North Georgia College and State University Service Cancelable Loan by $1,010,402 to fund 118 additional students returning from military deployment (Other Funds: $1,010,402). $0 $1,010,402 Amount appropriated in this Act $683,951 $1,694,353 North Georgia ROTC Grants 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 To assist paraprofessionals and instructional aids 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. Program is discontinued. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $74,590 $74,590 2764 JOURNAL OF THE HOUSE Eliminate remaining funds in Promise II ($74,590) as part of planned phase out and transfer funds to HOPE Scholarship-Public Schools to provide for projected growth. Amount appropriated in this Act ($74,590) ($74,590) $0 $0 Promise Scholarship 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 To provide educational grant assistance to the children of Georgia law enforcement officers, fire fighter, 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 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 Tuition Equalization Grants To promote the private segment of higher education in Georgia by providing nonrepayable grant aid to Georgia residents who attend eligible private post-secondary institutions. Total Funds $33,515,000 Federal and Other Funds $5,483,198 Other Funds $5,483,198 State Funds $28,031,802 WEDNESDAY, MARCH 8, 2006 2765 State General Funds $28,031,802 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $29,031,802 $29,031,802 Increase Tuition Equalization Grants from $900 to $1,000 per award (Other funds: $5,483,198). $0 $5,483,198 Reflect a reduction in demand for Tuition Equalization Grants. ($1,000,000) ($1,000,000) Amount appropriated in this Act $28,031,802 $33,515,000 The following appropriations are for agencies attached for administrative purposes. Regulate Colleges and Schools To authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed; resolve complaints. Total Funds $671,242 State Funds $671,242 State General Funds $671,242 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $645,204 $645,204 Annualize the cost of the FY2006 salary adjustment. $5,375 $5,375 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $10,164 $10,164 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $10,184 $10,184 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $315 $315 Amount appropriated in this Act $671,242 $671,242 Section 44: Teachers' Retirement System Total Funds Federal and Other Funds $25,942,331 ($723,320) 2766 JOURNAL OF THE HOUSE Other Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments Other Fund Sources ($723,320) $3,903,200 $3,903,200 $22,762,451 $22,762,451 $0 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.28% for the state fiscal year 2007. Local/Floor COLA To provide retirees from local retirement systems a minimum allowance upon retirement and a post-retirement benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS. Total Funds $3,903,200 State Funds $3,903,200 State General Funds $3,903,200 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,980,000 $1,980,000 Reduce Local/Floor Cost of Living Adjustment (COLA) to reflect anticipated reduction in the number of eligible retirees. ($220,000) ($220,000) Provide for a COLA for teacher retirees per HB 400 passed in the 2005 session. $2,143,200 $2,143,200 Amount appropriated in this Act $3,903,200 $3,903,200 System Administration To provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. Total Funds $22,039,131 Federal and Other Funds ($723,320) Other Funds ($723,320) Intra-State Government Transfers $22,762,451 Retirement Payments $22,762,451 WEDNESDAY, MARCH 8, 2006 2767 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $22,762,451 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $288,229 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $8,451 Reduce other funds ($1,020,000) in computer charges to reflect anticipated costs. $0 ($1,020,000) Amount appropriated in this Act $0 $22,039,131 Section 45: Technical and Adult Education, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds $411,535,181 $75,747,117 $19,814,459 $55,932,658 State Funds State General Funds $335,788,064 $335,788,064 Intra-State Government Transfers $0 Other Fund Sources $0 Administration 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 $11,243,807 Federal and Other Funds $2,059,788 Federal Funds Not specifically Identified $2,059,788 State Funds $9,184,019 State General Funds $9,184,019 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,728,848 $4,728,848 Annualize the cost of the FY2006 salary adjustment. $43,573 $43,573 2768 JOURNAL OF THE HOUSE Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Reduce funding in the Administration program by 2%. Add funds to correct personal services error in Administration ($414,434), Adult Literacy ($159,014), Economic Development ($373,280) and Technical Education ($190,188). Realign programs to meet actual expenditures and properly reflect funds for administration by transferring funds from Adult Literacy (Total Funds: $1,001,004) and Technical Education (Total Funds: $4,898,960). Realign programs to meet actual expenditures and properly reflect funds for administration by transferring funds from Adult Literacy (Total Funds: $1,001,004) and Technical Education (Total Funds: $4,898,960). Amount appropriated in this Act $150,698 $168,052 $150,698 $168,052 $9,618 $9,618 ($171,380) ($171,380) $414,434 $414,434 $649,197 $1,001,004 $3,190,979 $4,898,960 $9,184,019 $11,243,807 Adult Literacy 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 $20,243,096 Federal and Other Funds $7,791,412 Federal Funds Not specifically Identified $6,669,526 Agency Funds $1,121,886 State Funds $12,451,684 State General Funds $12,451,684 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $11,853,450 $19,996,669 Annualize the cost of the FY2006 salary adjustment. $103,344 $103,344 WEDNESDAY, MARCH 8, 2006 2769 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Add funds to correct personal services error in Administration ($414,434), Adult Literacy ($159,014), Economic Development ($373,280) and Technical Education ($190,188). Realign programs to meet actual expenditures and properly reflect funds for administration by transferring funds from Adult Literacy (Total Funds: $1,001,004) and Technical Education (Total Funds: $4,898,960). Provide funding for Shirley Smith Learning Center. Amount appropriated in this Act $229,332 $255,741 $229,332 $255,741 $159,014 $159,014 ($649,197) ($1,001,004) $500,000 $500,000 $12,451,684 $20,243,096 Economic Development (Quick Start) To provide a number of programs and services designed to assist businesses and industries with their training needs. Total Funds $12,613,900 State Funds $12,613,900 State General Funds $12,613,900 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $11,889,779 $11,889,779 Annualize the cost of the FY2006 salary adjustment. $63,676 $63,676 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $136,238 $136,238 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $151,927 $151,927 Add funds to correct personal services error in Administration ($414,434), Adult Literacy ($159,014), Economic Development ($373,280) and Technical Education ($190,188). $372,280 $372,280 Amount appropriated in this Act $12,613,900 $12,613,900 2770 JOURNAL OF THE HOUSE Technical Education 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 $367,434,378 Federal and Other Funds $65,895,917 Federal Funds Not specifically Identified $11,085,145 Agency Funds $54,810,772 State Funds $301,538,461 State General Funds $301,538,461 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $292,105,724 $359,709,622 Annualize the cost of the FY2006 salary adjustment. $2,326,691 $2,326,691 Provide for a salary increase in FY 2007 of up to 4% $5,141,940 $5,141,940 effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $5,734,060 $5,734,060 Increase funds to reflect an adjustment in the Workers' $293,837 Compensation premiums. $293,837 Add funds to correct personal services error in Administration ($414,434), Adult Literacy ($159,014), Economic Development ($373,280) and Technical Education ($190,188). $190,188 $190,188 Realign programs to meet actual expenditures and properly reflect funds for administration by transferring funds from Adult Literacy (Total Funds: $1,001,004) and Technical Education (Total Funds: $4,898,960). ($3,190,979) ($4,898,960) Redirect $7,500,000 in one-time funds for HVAC and $0 $0 roof repair from Operating Expenses - Colleges to Personal Services - Colleges in the Technical Education program to help correct personal services error. Reduce formula funding to reflect a decline in enrollment and credit hours. ($1,250,000) ($1,250,000) WEDNESDAY, MARCH 8, 2006 2771 Provide funding for a pest control certification testing program at Technical Colleges. $52,000 $52,000 Provide funds for Augusta Technical College satellite campus. $135,000 $135,000 Amount appropriated in this Act $301,538,461 $367,434,378 Section 46: Transportation, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds Federal Highway Administration Highway Planning and Construction Federal Transit Administration Capital Investment Grants State Funds State Motor Fuel State General Funds Intra-State Government Transfers Other Intra-State Government Payments Other Fund Sources $1,850,720,106 $1,185,310,849 $63,652,948 $8,799,470 $0 $1,100,000,000 $12,858,431 $664,751,462 $646,759,400 $17,992,062 $657,795 $657,795 $0 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 onsystem 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 2772 JOURNAL OF THE HOUSE 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. 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 $69,679,662 Federal and Other Funds $10,432,313 Agency Funds $816,960 Other Funds $82,010 Federal Highway Administration Highway Planning and Construction $9,533,343 State Funds $59,247,349 State Motor Fuel $59,232,851 State General Funds $14,498 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $41,568,294 $53,405,873 Annualize the cost of the FY2006 salary adjustment. $437,533 $437,533 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $516,809 $516,809 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $3,658 $3,658 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $867,664 $867,664 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $771 $771 WEDNESDAY, MARCH 8, 2006 2773 Transfer funds from the Airport Aid ($5,701), Ports $0 and Waterways ($19,535), Rail ($25,120) and Transit ($428,038) programs to the Administration program ($478,394) to consolidate administrative functions. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. $32,400 Replace prior-year motor fuel funds with currentyear motor fuel funds. $1,405,266 Transfer funds from the Administration (Total Funds: $495,078) and State Highway System Construction and Improvement (Total Funds: $161,013) programs to the Data Collection, Compliance and Reporting (Total Funds: $161,013), Local Road Assistance (Total Funds: $274,658) and State Highway Operations (Total Funds: $220,420) programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. ($179,495) Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. $179,495 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. $55,000 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. $14,459,954 Adjust the position count by subprogram to reflect $0 the personal services projection. Delete funding for the I-3 and I-14 Interstate ($100,000) Highway Association in the Administration program. Increase funding to meet operating costs in the $0 Administration ($4,716), Airport Aid ($12,200), Data Collection, Compliance and Reporting ($53,162) and Rail ($7,000) programs. $0 $32,400 $0 ($495,078) $495,078 $55,000 $14,459,954 $0 ($100,000) $0 2774 JOURNAL OF THE HOUSE Amount appropriated in this Act $59,247,349 $69,679,662 Air Transportation The purpose is to provide air transportation to state officials and companies considering a move to Georgia and conducting aerial photography flights. Total Funds $2,153,330 State Funds $1,495,535 State General Funds $1,495,535 Intra-State Government Transfers $657,795 Other Intra-State Government Payments $657,795 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,354,828 $2,012,623 Annualize the cost of the FY2006 salary adjustment. $11,763 $11,763 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $11,046 $11,046 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $23,327 $23,327 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,571 $2,571 Provide for aircraft inspections required by the Federal Aviation Administration for 2 KingAirs in the Air Transportation program. $92,000 $92,000 Amount appropriated in this Act $1,495,535 $2,153,330 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 $12,621,247 Federal and Other Funds $6,000,000 Federal Funds Not specifically Identified $6,000,000 State Funds $6,621,247 State General Funds $6,621,247 WEDNESDAY, MARCH 8, 2006 2775 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,459,409 $11,459,409 Annualize the cost of the FY2006 salary adjustment. $2,803 $2,803 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $2,632 $2,632 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $5,559 $5,559 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $514 $514 Transfer funds from the Airport Aid ($5,701), Ports $0 $0 and Waterways ($19,535), Rail ($25,120) and Transit ($428,038) programs to the Administration program ($478,394) to consolidate administrative functions. Increase funding to meet operating costs in the Administration ($4,716), Airport Aid ($12,200), Data Collection, Compliance and Reporting ($53,162) and Rail ($7,000) programs. $0 $0 Increase grant funding for the Airport Aid program to provide for needed maintenance and improvements at Georgia's public airports. $1,213,950 $1,213,950 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. ($63,620) ($63,620) Amount appropriated in this Act $6,621,247 $12,621,247 Data Collection, Compliance and Reporting The purpose is to provide quality transportation data products in the appropriate format within an acceptable timeframe that meet the needs of the state's business partners. Total Funds $12,427,260 Federal and Other Funds $8,332,514 Federal Funds Not specifically Identified $4,485,719 Agency Funds $62,257 2776 JOURNAL OF THE HOUSE Federal Highway Administration Highway Planning and Construction $3,784,538 State Funds $4,094,746 State Motor Fuel $3,252,278 State General Funds $842,468 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,396,794 $6,296,433 Annualize the cost of the FY2006 salary adjustment. $49,402 $49,402 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $51,349 $51,349 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $5,932 $5,932 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $97,968 $97,968 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,929 $1,929 Replace prior-year motor fuel funds with current- $52,844 $0 year motor fuel funds. Transfer funds from the Administration (Total Funds: $495,078) and State Highway System Construction and Improvement (Total Funds: $161,013) programs to the Data Collection, Compliance and Reporting (Total Funds: $161,013), Local Road Assistance (Total Funds: $274,658) and State Highway Operations (Total Funds: $220,420) programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. $47,047 $161,013 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. $624,301 $3,310,880 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. ($47,047) ($161,013) WEDNESDAY, MARCH 8, 2006 2777 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Adjust the position count by subprogram to reflect the personal services projection. Increase funding to meet operating costs in the Administration ($4,716), Airport Aid ($12,200), Data Collection, Compliance and Reporting ($53,162) and Rail ($7,000) programs. Increase funds from the Federal Highway Administration by $51,881,934 from $1.1 billion to $1,151,881,934 and provide the associated state match of $11,388,717 offset by $59,271,758 in toll credits. Amount appropriated in this Act $389,294 $30,000 $0 $0 $394,933 $4,094,746 $389,294 $30,000 $0 $0 $2,194,073 $12,427,260 Local Road Assistance The purpose is to provide contracts with local governments to assist in the construction and reconstruction of their road, bridge, and street systems. Total Funds $220,692,792 Federal and Other Funds $70,253,903 Federal Funds Not specifically Identified $2,229,632 Agency Funds $677,243 Other Funds ($82,010) Federal Highway Administration Highway Planning and Construction $67,429,038 State Funds $150,438,889 State Motor Fuel $150,438,889 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $88,634,898 $159,648,261 Annualize the cost of the FY2006 salary adjustment. $233,323 $233,323 2778 JOURNAL OF THE HOUSE Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Transfer funds from the Administration (Total Funds: $495,078) and State Highway System Construction and Improvement (Total Funds: $161,013) programs to the Data Collection, Compliance and Reporting (Total Funds: $161,013), Local Road Assistance (Total Funds: $274,658) and State Highway Operations (Total Funds: $220,420) programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Replace prior-year motor fuel funds with currentyear motor fuel funds. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Adjust the position count by subprogram to reflect the personal services projection. $278,075 $462,697 $130,024 $50,300 ($31,777) $2,989,092 ($130,024) $152,000 $1,893,583 $0 $278,075 $462,697 $274,658 $50,300 ($31,777) $0 ($274,658) $152,000 $1,893,583 $0 WEDNESDAY, MARCH 8, 2006 2779 Increase funds from the Federal Highway Administration by $51,881,934 from $1.1 billion to $1,151,881,934 and provide the associated state match of $11,388,717 offset by $59,271,758 in toll credits. $489,432 Provide $117,000,000 for the local road initiative "Paving the Way Home" by increasing the local assistance road program (LARP) from $38 million to $60 million, state fund construction/off-system from $18,562,534 to $34 million and state fund construction/most-needed from $6,583,667 to $23 million. $55,287,266 Amount appropriated in this Act $150,438,889 $2,719,064 $55,287,266 $220,692,792 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 $855,783 State Funds $855,783 State General Funds $855,783 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,119,230 $1,119,230 Annualize the cost of the FY2006 salary adjustment. $1,743 $1,743 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $1,637 $1,637 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $3,457 $3,457 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $257 $257 Reduce funding for the maintenance of state-owned dredge spoils and mosquito control ($300,000) to reflect activity cost, and eliminate funding for motor vehicle expenses ($5,000) in the Ports and Waterways program. ($300,000) ($300,000) 2780 JOURNAL OF THE HOUSE Transfer funds from the Airport Aid ($5,701), Ports and Waterways ($19,535), Rail ($25,120) and Transit ($428,038) programs to the Administration program ($478,394) to consolidate administrative functions. Provide funds to the Ports and Waterways program for South Carolina's projected property tax increase for department-owned land in Jasper County, South Carolina. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Reduce funding for the maintenance of state-owned dredge spoils and mosquito control ($300,000) to reflect activity cost, and eliminate funding for motor vehicle expenses ($5,000) in the Ports and Waterways program. Amount appropriated in this Act ($19,535) $109,000 ($55,006) ($5,000) $855,783 ($19,535) $109,000 ($55,006) ($5,000) $855,783 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 $1,209,369 State Funds $1,209,369 State General Funds $1,209,369 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $657,658 $657,658 Annualize the cost of the FY2006 salary adjustment. $2,621 $2,621 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $2,461 $2,461 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $5,198 $5,198 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $514 $514 WEDNESDAY, MARCH 8, 2006 2781 Transfer funds from the Airport Aid ($5,701), Ports and Waterways ($19,535), Rail ($25,120) and Transit ($428,038) programs to the Administration program ($478,394) to consolidate administrative functions. Reduce funding for the Georgia Rail Passenger Authority contract in the Rail program. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Adjust the position count by subprogram to reflect the personal services projection. Delete one-time funding for the Atlanta-to-Charlotte high-speed rail study in the Rail program. Increase funding to meet operating costs in the Administration ($4,716), Airport Aid ($12,200), Data Collection, Compliance and Reporting ($53,162) and Rail ($7,000) programs. Reduce Rail Program funding. Provide funds for the St.Mary's railroad. Amount appropriated in this Act ($25,120) ($32,200) ($98,263) $0 ($203,500) $0 ($200,000) $1,100,000 $1,209,369 ($25,120) ($32,200) ($98,263) $0 ($203,500) $0 ($200,000) $1,100,000 $1,209,369 State Highway System Construction and Improvement The purpose is to ensure a safe and efficient transportation system. Total Funds $1,061,482,399 Federal and Other Funds $875,809,270 Federal Funds Not specifically Identified $29,318,795 Agency Funds $165,000 Federal Highway Administration Highway Planning and Construction $846,325,475 State Funds $185,673,129 State Motor Fuel $185,673,129 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $223,494,656 $1,080,389,619 Annualize the cost of the FY2006 salary adjustment. $741,031 $741,031 2782 JOURNAL OF THE HOUSE Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $883,161 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $1,469,525 Transfer funds from the Administration (Total Funds: $495,078) and State Highway System Construction and Improvement (Total Funds: $161,013) programs to the Data Collection, Compliance and Reporting (Total Funds: $161,013), Local Road Assistance (Total Funds: $274,658) and State Highway Operations (Total Funds: $220,420) programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. ($47,047) Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. ($1,901,580) Replace prior-year motor fuel funds with currentyear motor fuel funds. $10,404,488 Restore contract funds that were used to fund the first 6 months of the FY 2006 pay raise. $998,499 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. ($198,600) Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. ($5,818,993) Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. $91,500 Provide $117,000,000 for the local road initiative "Paving the Way Home" by increasing the local assistance road program (LARP) from $38 million to $60 million, state fund construction/off-system from $18,562,534 to $34 million and state fund construction/most-needed from $6,583,667 to $23 $6,566,533 $883,161 $1,469,525 ($161,013) ($10,005,157) $0 $998,499 ($198,600) ($5,818,993) $91,500 $6,566,533 WEDNESDAY, MARCH 8, 2006 2783 million. Provide funding for the construction of a new District 2 office building in Tennille, Washington County. $0 $0 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. $47,047 $161,013 Adjust the position count by subprogram to reflect the personal services projection. $0 $0 Increase funds from the Federal Highway Administration by $51,881,934 from $1.1 billion to $1,151,881,934 and provide the associated state match of $11,388,717 offset by $59,271,758 in toll credits. ($51,057,091) ($13,634,719) Amount appropriated in this Act $185,673,129 $1,061,482,399 State Highway System Maintenance The purpose is to coordinate all statewide maintenance activities. Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Federal Highway Administration Highway Planning and Construction State Funds State Motor Fuel $334,648,038 $156,154,622 $4,646,802 $3,049,770 $148,458,050 $178,493,416 $178,493,416 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $177,960,168 $335,754,789 Annualize the cost of the FY2006 salary adjustment. $948,594 $948,594 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $1,130,535 $1,130,535 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $1,881,140 $1,881,140 2784 JOURNAL OF THE HOUSE Replace prior-year motor fuel funds with currentyear motor fuel funds. Restore contract funds that were used to fund the first 6 months of the FY 2006 pay raise. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Adjust the position count by subprogram to reflect the personal services projection. Increase funds from the Federal Highway Administration by $51,881,934 from $1.1 billion to $1,151,881,934 and provide the associated state match of $11,388,717 offset by $59,271,758 in toll credits. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Amount appropriated in this Act $6,286,801 $0 $1,700,709 $1,700,709 ($11,992,738) ($11,992,738) ($79,950) ($79,950) ($291,480) ($419,072) $0 $0 $1,048,037 $5,822,431 ($98,400) ($98,400) $178,493,416 $334,648,038 State Highway System Operations The purpose is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management. Total Funds $62,366,766 Federal and Other Funds $39,696,782 Federal Funds Not specifically Identified $11,200,986 Agency Funds $4,026,240 Federal Highway Administration Highway Planning and Construction $24,469,556 State Funds $22,669,984 WEDNESDAY, MARCH 8, 2006 2785 State Motor Fuel $22,669,984 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $17,240,493 $46,315,075 Annualize the cost of the FY2006 salary adjustment. $233,641 $233,641 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $278,453 $278,453 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $463,330 $463,330 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. $1,600,536 $7,145,126 Replace prior-year motor fuel funds with current- $578,786 $0 year motor fuel funds. Transfer funds from the Administration (Total Funds: $495,078) and State Highway System Construction and Improvement (Total Funds: $161,013) programs to the Data Collection, Compliance and Reporting (Total Funds: $161,013), Local Road Assistance (Total Funds: $274,658) and State Highway Operations (Total Funds: $220,420) programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. $49,471 $220,420 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. $90,000 $90,000 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. $1,067,347 $1,067,347 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. ($124,250) ($124,250) 2786 JOURNAL OF THE HOUSE Adjust the position count by subprogram to reflect the personal services projection. Increase funds from the Federal Highway Administration by $51,881,934 from $1.1 billion to $1,151,881,934 and provide the associated state match of $11,388,717 offset by $59,271,758 in toll credits. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Amount appropriated in this Act $0 $1,241,648 $0 $6,898,044 ($49,471) ($220,420) $22,669,984 $62,366,766 Transit 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 $25,584,607 Federal and Other Funds $18,631,445 Federal Funds Not specifically Identified $5,771,014 Agency Funds $2,000 Federal Transit Administration Capital Investment Grants $12,858,431 State Funds $6,953,162 State General Funds $6,953,162 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,129,480 $17,989,911 Annualize the cost of the FY2006 salary adjustment. $3,189 $3,189 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $2,995 $2,995 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $6,323 $6,323 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $771 $771 Transfer funds from the Airport Aid ($5,701), Ports and Waterways ($19,535), Rail ($25,120) and Transit ($428,038) programs to the Administration ($428,038) ($428,038) WEDNESDAY, MARCH 8, 2006 2787 program ($478,394) to consolidate administrative functions. Provide funding for the Transit program to cover a cost increase in the rail safety oversight contract. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Increase federal funds from the Federal Transit Agency ($5,771,014) in the Transit program. Increase funding for mass transit grants in the Transit program leveraging additional local and federal funds. Adjust the position count by subprogram to reflect the personal services projection. Amount appropriated in this Act $20,000 $218,442 $20,000 $218,442 $0 $2,000,000 $5,771,014 $2,000,000 $0 $0 $6,953,162 $25,584,607 The following appropriations are for agencies attached for administrative purposes. Payments to State Road and Tollway Authority The purpose is to provide funds through the State Road and Tollway Authority for Bond Trustees for debt service payments on Guaranteed Revenue Bonds. Total Funds $46,998,853 State Funds $46,998,853 State Motor Fuel $46,998,853 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $54,000,460 $54,000,460 Annualize the cost of the FY2006 salary adjustment. $0 $0 Decrease payments to the State Road and Tollway Authority from $54,000,460 to $46,998,853 to reflect the current debt service payment schedule. ($7,001,607) ($7,001,607) Amount appropriated in this Act $46,998,853 $46,998,853 Section 47: Veterans Service, Department of Total Funds $33,884,044 2788 JOURNAL OF THE HOUSE Federal and Other Funds Federal Funds Not specifically Identified State Funds State General Funds Intra-State Government Transfers Other Fund Sources $10,989,011 $10,989,011 $22,895,033 $22,895,033 $0 $0 Administration 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 $745,993 Federal and Other Funds $81,369 Federal Funds Not specifically Identified $81,369 State Funds $664,624 State General Funds $664,624 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $676,034 $755,909 Annualize the cost of the FY2006 salary adjustment. $4,493 $4,493 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $4,236 $4,236 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $9,360 $9,360 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $8,468 $9,962 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $912 $912 Realign funds from Administration to Field Operations to properly reflect planned expenditures in ROE Projects & Insurance. (G: Yes) ($38,879) ($38,879) Amount appropriated in this Act $664,624 $745,993 Georgia Veterans Memorial Cemetery The purpose is to provide for the internment of eligible Georgia Veterans who served WEDNESDAY, MARCH 8, 2006 2789 faithfully and honorably in the military service of our country. Total Funds $406,183 State Funds $406,183 State General Funds $406,183 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $297,683 $297,683 Annualize the cost of the FY2006 salary adjustment. $1,498 $1,498 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $2,647 $2,647 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $5,535 $5,535 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $553 $553 Increase personal services for start-up funding of 5 positions at the Georgia Veterans Memorial Cemetery in Glenville. $98,267 $98,267 Amount appropriated in this Act $406,183 $406,183 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 $18,393,248 Federal and Other Funds $7,225,135 Federal Funds Not specifically Identified $7,225,135 State Funds $11,168,113 State General Funds $11,168,113 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $10,392,240 $17,617,375 Replace 5 hospital beds at the Georgia War Veterans home in Milledgeville. $8,825 $8,825 Increase contracts to re-open the 2nd floor of the Vinson Building at the Georgia War Veterans Nursing Home in Milledgeville. $767,048 $767,048 2790 JOURNAL OF THE HOUSE Amount appropriated in this Act $11,168,113 $18,393,248 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 $7,990,289 Federal and Other Funds $3,104,750 Federal Funds Not specifically Identified $3,104,750 State Funds $4,885,539 State General Funds $4,885,539 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,437,230 $7,541,980 Annualize the cost of the FY2006 salary adjustment. $48,206 $48,206 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $50,103 $50,103 Provide funding to the Augusta Nursing Home to aid in offsetting rising healthcare and pharmaceuticals costs. $350,000 $350,000 Amount appropriated in this Act $4,885,539 $7,990,289 Veterans Benefits The purpose is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veteran's 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 $6,348,331 Federal and Other Funds $577,757 Federal Funds Not specifically Identified $577,757 State Funds $5,770,574 State General Funds $5,770,574 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,537,168 $6,111,559 WEDNESDAY, MARCH 8, 2006 2791 Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Realign funds from Administration to Field Operations to properly reflect planned expenditures in ROE Projects & Insurance. (G: Yes) Reduce real estate rentals for the Savannah field office in the Veteran Benefits program. Amount appropriated in this Act $43,943 $46,064 $15,271 $91,830 $9,339 $38,879 ($11,920) $5,770,574 $43,943 $46,064 $15,271 $95,196 $9,339 $38,879 ($11,920) $6,348,331 Section 48: Workers' Compensation, State Board of Total Funds Federal and Other Funds Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Fund Sources $16,220,599 $120,000 $240,000 ($120,000) $16,100,599 $16,100,599 $0 $0 Administer the Workers' Comp Laws To provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation Law. Total Funds $9,901,446 State Funds $9,901,446 State General Funds $9,901,446 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,366,793 $9,366,793 2792 JOURNAL OF THE HOUSE Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Redirect funds from contracts ($60,000) and Payments to State Treasury ($317,619) to 5 vacant positions ($334,619), travel ($10,000), and purchase tracking software ($33,000). Amount appropriated in this Act $81,141 $91,317 $171,647 $11,255 $179,293 $9,901,446 $81,141 $91,317 $171,647 $11,255 $179,293 $9,901,446 Administration 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 $6,319,153 Federal and Other Funds $120,000 Agency Funds $240,000 Other Funds ($120,000) State Funds $6,199,153 State General Funds $6,199,153 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,330,487 $6,570,487 Annualize the cost of the FY2006 salary adjustment. $14,333 $14,333 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $11,198 $11,198 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $21,048 $21,048 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,380 $1,380 Reflect other funds reduction in the Administrative program. (Other funds: $120,000) $0 ($120,000) WEDNESDAY, MARCH 8, 2006 2793 Redirect funds from contracts ($60,000) and Payments to State Treasury ($317,619) to 5 vacant positions ($334,619), travel ($10,000), and purchase tracking software ($33,000). Amount appropriated in this Act ($179,293) ($179,293) $6,199,153 $6,319,153 Section 49: General Obligation Debt Sinking Fund Total Funds Federal and Other Funds State Funds Tobacco Funds State Motor Fuel State General Funds Intra-State Government Transfers Other Fund Sources $872,212,297 $0 $872,212,297 $0 $155,000,000 $717,212,297 $0 $0 GO Bonds Issued Total Funds $725,978,784 State Funds $725,978,784 State Motor Fuel $155,000,000 State General Funds $570,978,784 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $749,590,893 $749,590,893 Transfer debt service funds from Authorized Under $104,606,858 $104,606,858 Previous Appropriations Act to General Obligation Debt Sinking Fund (Issued). Repeal the authorization of $900,000 in 20-year bonds for the Traditional Industries Program research equipment. ($78,300) ($78,300) Decrease debt service for existing obligations on issued bonds. ($126,308,588) ($126,308,588) Adjust debt service to reflect savings due to a refinancing of bonds. ($1,832,079) ($1,832,079) Amount appropriated in this Act $725,978,784 $725,978,784 2794 JOURNAL OF THE HOUSE GO Bonds New Total Funds $146,233,513 State Funds $146,233,513 State General Funds $146,233,513 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $80,817,429 $80,817,429 Total of Bonds Associated with this Program $96,036,084 $96,036,084 Adjust debt service for Motor Fuel Tax Funds for transportation related bonds. ($30,620,000) ($30,620,000) Amount appropriated in this Act $146,233,513 $146,233,513 Bond Financing Appropriated: From the appropriation designated "State General Funds (New)", $9,224,731 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $107,980,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $12,588,538 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $147,355,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $10,297,305 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $120,535,000 in principal amount of General Obligation Debt, the instruments of which shall have WEDNESDAY, MARCH 8, 2006 2795 maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $588,613 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,890,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $3,128,160 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $13,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $6,400,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $50,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. From the appropriation designated "State General Funds (New)", $286,140 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,255,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $4,804,583 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 $56,240,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. 2796 JOURNAL OF THE HOUSE From the appropriation designated "State General Funds (New)", $3,203,625 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 $37,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $427,150 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $418,607 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $324,634 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $401,521 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 WEDNESDAY, MARCH 8, 2006 2797 more than $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $4,902,000 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 $21,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $3,246,340 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 $38,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $427,150 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $196,489 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $427,150 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, 2798 JOURNAL OF THE HOUSE 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. From the appropriation designated "State General Funds (New)", $397,250 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 $4,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $414,336 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,850,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $427,150 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $119,602 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $427,150 is WEDNESDAY, MARCH 8, 2006 2799 specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $384,435 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $401,521 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $410,064 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $239,204 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt, the 2800 JOURNAL OF THE HOUSE instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $427,150 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $170,860 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $205,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $115,758 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,355,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $1,309,215 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 WEDNESDAY, MARCH 8, 2006 2801 personal, necessary or useful in connection therewith, through the issuance of not more than $15,325,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $1,746,480 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 $7,660,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $961,515 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 $11,255,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $426,723 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 $4,995,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $954,253 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 $11,170,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $180,684 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, 2802 JOURNAL OF THE HOUSE construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,115,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $138,397 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,620,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $879,929 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $598,010 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 $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $1,140,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $644,997 is WEDNESDAY, MARCH 8, 2006 2803 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 $7,550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $281,919 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 $3,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $1,170,818 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 $13,705,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $337,449 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 $3,950,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $884,201 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,350,000 in principal amount of General Obligation Debt, the 2804 JOURNAL OF THE HOUSE instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $83,721 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $980,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $256,717 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,005,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $32,036 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $375,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $474,991 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $237,068 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,775,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. WEDNESDAY, MARCH 8, 2006 2805 From the appropriation designated "State General Funds (New)", $216,565 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,535,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $165,300 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $725,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $281,065 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,290,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $220,409 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,580,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $30,780 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $135,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", 385,716 is specifically appropriated for the purpose of financing projects and facilities for the 2806 JOURNAL OF THE HOUSE Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,515,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $405,840 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,780,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $798,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $456,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $102,516 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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. From the appropriation designated "State General Funds (New)", $640,725 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, WEDNESDAY, MARCH 8, 2006 2807 buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $146,512 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,715,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $1,201,560 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $1,250,580 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,485,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $3,673,490 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 $43,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $768,870 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 2808 JOURNAL OF THE HOUSE personal, necessary or useful in connection therewith, through the issuance of not more than $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $299,005 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. From the appropriation designated "State General Funds (New)", $512,580 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 $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $691,980 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 $3,035,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $228,000 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 sixty months. From the appropriation designated "State General Funds (New)", $243,960 is specifically appropriated for the purpose of financing projects and facilities for the Department of Labor by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or WEDNESDAY, MARCH 8, 2006 2809 useful in connection therewith, through the issuance of not more than $1,070,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $319,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Labor by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $170,860 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $228,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $170,860 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $427,150 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of 2810 JOURNAL OF THE HOUSE which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $684,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Revenue by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $1,358,337 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 $15,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $273,376 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 $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $805,178 is specifically appropriated for the purpose of financing projects and facilities for the Georgia World Congress Center Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $592,800 is specifically appropriated for the purpose of financing projects and facilities for the Georgia State Financing and Investment 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 $2,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. WEDNESDAY, MARCH 8, 2006 2811 From the appropriation designated "State General Funds (New)", $46,987 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 $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. From the appropriation designated "State General Funds (New)", $68,344 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 $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. Authorized Under Previous Appropriations Act The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $104,606,858 $104,606,858 Transfer funds from Authorized Under Previous Appropriations Act to General Obligation Debt Sinking Fund (Issued). ($104,606,858) ($104,606,858) Amount appropriated in this Act $0 $0 Section 50: Federal Funds To the extent to which Federal Funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations 2812 JOURNAL OF THE HOUSE Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. Section 51: Refunds In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. Section 52: Supplanting Federal Funds No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 53: Leases 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 54: Flex 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 state funds 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. Notwithstanding any other statement of purpose, the purpose of each WEDNESDAY, MARCH 8, 2006 2813 appropriation of federal funds or other funds shall be the stated purpose or any other lawful purpose consistent with the fund source and the general law powers of the budget unit. This paragraph does not: (1) permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes; (2) apply to appropriations for local assistance grants in which recipient, purpose and amount are specified under O.C.G.A. 50-88(a) or O.C.G.A. 28-5-121(1) Section 55: Salary Adjustments In addition to the appropriations made above, there is hereby appropriated and included in the agency appropriations listed above funding for the following purposes: 1.) To provide a general salary adjustment of up to 4% for employees of the Judicial, Legislative and Executive Branches, as follows: (a) To provide a general salary adjustment of 2% for employees of the Judicial, Legislative and Executive Branches; (b) To provide an additional adjustment for employees making less than the arithmetic midpoint of the Pay Grade Salary Range to which their Job Title is now assigned, as follows: (i) In addition to the general adjustment of 2%, add the percentage amount determined by division, where the numerator (dividend) is the arithmetic midpoint less current salary and the denominator (divisor) is the arithmetic midpoint less minimum salary for the Pay Grade Range, with the quotient (result) converted to a percentage. (ii) The purpose of the appropriation for employees not assigned to a Job Title with a Pay Grade Salary Range as published by the Georgia Merit System is a substantially equivalent calculation by their employing agency. (c) It is a purpose of the appropriation for the proposed salary adjustment for Executive branch employees that it be in conformance with the compensation and performance management plans promulgated by the State Personnel Board or as otherwise provided by law. (d) The amounts of the appropriations in this item are calculated according to an effective date of January 1, 2007. 2.) In lieu of other numbered items, (a) to provide for the cost-of-living adjustment for each state officer whose salary is set by Code Sections 45-7-4(a), as authorized by O.C.G.A. 45-74(b), (in a percentage equal to the "average percentage of the general increase in salary authorized to employees of the executive, judicial, and legislative branches of government," as determined by the Office of Planning and Budget, with members of the General Assembly subject to the further provisions 2814 JOURNAL OF THE HOUSE O.C.G.A. 45-7-4(b) as to amount and effective date; (b) To provide for discretionary increases of up to 4% for other department heads and officers whose salary is not set by statute. (c) Subject to the provisions of O.C.G.A. 45-7-4(b), the amounts of the appropriations in this item are calculated according to an effective date of January 1, 2007. 3.) In lieu of other numbered items, (a) to provide for a 4% increase in the state base salary on the local teacher salary schedule of the State Board of education. This proposed 4% 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 amounts of the appropriations in this item are calculated according to an effective date of September 1, 2006 (b) to provide for a 4% increase for local school bus drivers and lunchroom workers. The amounts of the appropriations in this item are calculated according to an effective date of July 1, 2006. 4.) In lieu of other numbered items, to provide a 4% funding level for teachers and other academic personnel within the Department of Early Care and Learning. The amounts of the appropriations in this item are calculated to commence August 1, 2006. 5.) In lieu of other numbered items, to provide a 4% funding level for merit increases for Regents faculty and non-academic personnel. The amounts of the appropriations in this item are calculated to commence January 1, 2007. 6.) In lieu of other numbered items, to provide a 4% salary increase for public librarians. The amounts of the appropriations in this item are calculated according to an effective date of January 1, 2007. 7.) In lieu of other numbered items, to provide for a 4% salary increase for teachers and support personnel within the Department of Technical and Adult Education. The amounts of the appropriations in this item are calculated according to an effective date of January 1, 2007. Section 56: Supplemental Salary Adjustments The General Assembly has distributed and included in the agency appropriations listed above State funds for the following purposes: 1.) In addition to the general salary adjustment in Section 55, provide a supplemental salary adjustment to Board of Pardons and Paroles sworn personnel job classes as follows: Parole Officer. The amount for the adjustment is calculated at a minimum to raise salaries of affected employees by 3%. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2007. 2.) In addition to the general salary adjustment in Section 55, a supplemental salary adjustment to Department of Corrections sworn personnel job classes as follows: Correctional Officer, Probation 1 and Probation Officer 2. The amount for the adjustment is calculated at a minimum to WEDNESDAY, MARCH 8, 2006 2815 raise salaries of affected employees by 3%. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2007 3.) In addition to the general salary adjustment in Section 55, a supplemental salary adjustment to Department of Public Safety sworn personnel job classes as follows: Trooper First Class; Corporal, Sergeant, Lieutenant, MCCD Corporal, and MCCD Sergeant. The amount for the adjustment is calculated at a minimum to raise salaries of affected employees by 3%. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2007. 4.) In addition to the general salary adjustment in Section 55, a supplemental salary adjustment to Department of Juvenile Justice sworn personnel job classes as follows: Juvenile Correctional Officer 1 and Juvenile Correctional Officer 2. The amount for the adjustment is calculated at a minimum to raise salaries of affected employees by 3%. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2007. 5.) In addition to the general salary adjustment in Section 55, a supplemental salary adjustment to Georgia Bureau of Investigation sworn personnel job classes as follows: Special Agent 3. The amount for the adjustment is calculated at a minimum to raise salaries of affected employees by 3%. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2007. Section 57: Budgetary Control and Interpretation The appropriations in this Act consist of the amount stated, for each line at the lowest level of detail for State Funds, Federal Funds, and as provided by law for other funds, in each case as associated with the statement of Program Name and Program Purpose. Program Names appear as underlined captions, and Program Purpose appears immediately below as italicized text. Text within a box is not an appropriation and is for information only. The lowest level of detail for local assistance grants in Section 16 and the lowest level of detail for authorizations for general obligation debt in Section 49 are the authorizing paragraphs. Section 58: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 59: Repeal Conflicting Laws All laws and parts of laws in conflict with this act are repealed. The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 1027, designating Representative Keen of the 179th as Chairman thereof. The Speaker called the House to order. 2816 JOURNAL OF THE HOUSE The Committee of the Whole arose and through its Chairman reported HB 1027 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute. The following amendment was read: Representatives Porter of the 143rd and Hugley of the 133rd move to amend the Committee substitute to HB 1027 by (removing $81,558,800) from State General Funds and by removing State General Funds from the following sections of HB 1027: Section 12 State Accounting Office Section 16 Department of Community Affairs Section 17 Department of Community Health Section 18 Department of Corrections Section 23 Department of Education Section 26 Office of the Governor Section 34 Department of Natural Resources Section 39 Board of Regents Section 40 Department of Revenue State Fund Reduction $ 1,000,000 9,000,000 60,458,800 3,700,000 2,300,000 1,000,000 100,000 2,000,000 2,000,000 $ 81,558,800 On the adoption of the amendment, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard N Barnes N Bearden Beasley-Teague Benfield N Benton N Black Y Bordeaux Borders N Bridges Brooks N Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns N Crawford N Cummings N Davis N Day N Dean N Dickson N Dodson N Dollar Drenner Dukes N Ehrhart N England N Epps N Everson N Fleming Floyd, H N Floyd, J Y Fludd N Forster N Franklin N Freeman Gardner N Geisinger N Hill, C.A Y Holmes N Holt N Horne N Houston Howard, E N Hudson Y Hugley Y Jackson N Jacobs James Y Jamieson N Jenkins E Jennings Y Johnson N Jones, J Y Jones, S Y Jordan N Keen N Keown Y Kidd N Knight N Knox N Martin N Maxwell N May N McCall E McClinton N Meadows E Millar N Mills Mitchell 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 Sailor N Scheid N Scott, A N Scott, M N Setzler N Shaw N Sheldon N Sims, C Y Sims, F 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 Stephenson N Talton Y Teilhet Y Thomas, A.M WEDNESDAY, MARCH 8, 2006 2817 N Butler Byrd N Carter N Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman, B Coleman, T N Cooper N Cox N Golick N Graves, D N Graves, T N Greene N Hanner N Harbin N Hatfield N Heard, J N Heard, K Y Heckstall N Hembree Henson N Hill, C E Lakly N Lane, B N Lane, R N Lewis N Lindsey Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham N Manning Marin Y Porter N Powell N Ralston E Randall N Ray Y Reece, B N Reece, S N Reese N Rice N Roberts N Rogers N Royal N Rynders Y Thomas, B N Tumlin N Walker N Warren Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 35, nays 117. The amendment was lost. 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. Representative Sinkfield of the 60th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E 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 Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Hill, C.A Y Holmes Y Holt Y Horne Y 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 Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V 2818 JOURNAL OF THE HOUSE Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Floyd, J Y Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox E 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 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 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 164, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Sinkfield of the 60th 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. Representatives Coleman of the 144th 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 "aye" thereon. HB 1399. By Representative Ralston of the 7th: A BILL to be entitled an Act to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that a magistrate's salary may be waived under certain circumstances; to provide that monthly contingent expenses maybe waived 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: WEDNESDAY, MARCH 8, 2006 2819 E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson 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 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, E Y Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Jones, J Y Jones, S Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Y Martin Y Maxwell May Y McCall E McClinton Y Meadows E Millar Y Mills 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 Y Ralston Randall Y 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 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 Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Beasley-Teague of the 65th and Manning of the 32nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HR 1564. By Representatives Dollar of the 45th and Rice of the 51st: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for special motor vehicle license 2820 JOURNAL OF THE HOUSE plates and dedicate the revenue from such plates for stated purposes, including dedications for the ultimate use of agencies, funds, or nonprofit corporations where it is found that there will be a benefit to the state; to provide for related matters; 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: E Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Y Barnes Y Bearden N Beasley-Teague Y Benfield N Benton N Black N Bordeaux Y Borders Y Bridges N 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 Channell Y Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis N Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming Y Floyd, H N Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner E Harbin Y Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson N Hugley Jackson Y Jacobs N James N Jamieson N Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S N Jordan Keen Y Keown Y Kidd Y Knight Y Knox N Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Lunsford Y Maddox Mangham Y Manning Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice N Roberts Y Rogers N 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 Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre Y Stanley-Turner Y Stephens 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 N Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 126, nays 29. WEDNESDAY, MARCH 8, 2006 2821 The Resolution, having received the requisite constitutional majority, was adopted. Representative Day of the 163rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Mangham of the 94th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1053. By Representatives Mills of the 25th, Rice of the 51st, Ehrhart of the 36th, Keen of the 179th, Fleming of the 117th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the national motto, "In God We Trust"; to provide for a portion of the revenue to go to the Boy Scouts of America; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to change certain provisions relating to commemorative license plates for Georgia organizations, promotional agreements, and fees; to repeal and reserve certain provisions regarding special license plates; to provide for special license plates promoting beneficial projects and supporting worthy agencies, funds, or nonprofit corporations, as determined by the General Assembly; to provide for issuance, renewal, fees, licensing agreements, applications, dedication of revenue, audits, and transfers relative to such special license plates; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-32.1, relating 2822 JOURNAL OF THE HOUSE to commemorative license plates for Georgia organizations, promotional agreements, and fees, and inserting in lieu thereof the following: "40-2-32.1. (a) In the event the General Assembly enacts any law approving the sale of commemorative license plates recognizing Georgia organizations or institutions, including educational institutions, civic associations, and social organizations, the commissioner shall approve the form of any such license plates and shall be authorized to enter into any agreements with private parties for the purpose of promoting the sale of any such license plates. (b) Beginning in calendar year 1998, 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 commemorative license plate pursuant to the enactment of a law by the General Assembly and approval by the commissioner in accordance with subsection (a) of this Code section. Revalidation decals, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, shall be issued for any such commemorative license plates in the same manner as provided for general issue license plates. (c) Any such agreements for the purpose of promoting the sale of commemorative license plates may authorize the manufacturing fee to be apportioned, as determined by the commissioner, between the organization commemorated by the license plates, the vendor administering the sale and promotion of the license plates, and the State of Georgia All funds derived from the sale of license plates pursuant to this Code section, less a $1.00 processing fee which shall be granted to county tag offices per plate sold, shall be remitted to the state as provided by Code Section 40-2-34." SECTION 2. Said chapter is further amended in Code Section 40-2-34, relating to reports and remittances by tag agents, by adding a new subsection to read as follows: "(f) All funds derived from motor vehicle registrations or the sale of any license plates and remitted to the state shall be deposited in the general fund of the state treasury unless otherwise specifically authorized by the Constitution and provided for in this chapter." SECTION 3. Said chapter is further amended by repealing and reserving Code Section 40-2-48, relating to special license plates promoting the United States Disabled Athletes Fund. WEDNESDAY, MARCH 8, 2006 2823 SECTION 4. Said chapter is further amended by repealing and reserving Code Section 40-2-49, relating to special license plates promoting the Nongame-Endangered Wildlife Program of the Georgia Department of Natural Resources. SECTION 5. Said chapter is further amended by repealing and reserving Code Section 40-2-86.3, relating to special license plates commemorating Civil War battlefields and historic sites. SECTION 6. Said chapter is further amended by repealing and reserving Code Section 40-2-86.6, relating to special license plates promoting conservation and enhancement of trout populations. SECTION 7. Said chapter is further amended by repealing and reserving Code Section 40-2-86.13, relating to special license plates promoting historic preservation efforts. SECTION 8. Said chapter is further amended by repealing and reserving Code Section 40-2-86.15, relating to special license plates promoting NASCAR or promoting bicycle safety. SECTION 9. Said chapter is further amended by repealing and reserving Code Section 40-2-86.16, relating to special license plates honoring families with a member serving in the military. SECTION 10. Said chapter is further amended by repealing and reserving Code Section 40-2-86.17, relating to "Support Georgia Troops" special license plates. SECTION 11. Said chapter is further amended by adding a new Code section to read as follows: "40-2-86.18. (a) The General Assembly has determined that the issuance of special license plates to support an agency or fund or a program beneficial to the people of this state that is administered by a nonprofit corporation organized under Section 501(c)(3) of Title 26 of the Internal Revenue Code and dedicating a portion of the funds raised from the sale of these special license plates is in the best interests of the people of this state. Therefore, the special license plates listed in subsection (n) of this Code section shall be issued by the department beginning on July 1, 2007, if all of the requirements of subsections (b) through (k) of this Code section have been satisfied. The license plates listed in subsection (m) of this Code section shall continue to be issued as long as they continue to meet the requirements of subsections (b) through (k) of this Code section. 2824 JOURNAL OF THE HOUSE (b) The commissioner, in cooperation with the agency, fund, or nonprofit corporation sponsoring the special license plate, shall design special distinctive license plates appropriate to promote the program benefited by the sale of the special license plate. The special 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. The agency, fund, or nonprofit corporation sponsoring the license plate 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 provisions of subsection (b) of this Code section, no special license plate shall be produced 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 produce the special license plate. The design of the initial edition of any special license plate, 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 on January 1, 2007, 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 able to apply for a special license plate listed in subsection (n) of this Code section. Revalidation decals shall be issued for special license plates in the same manner as provided for general issue license plates. (e) The manufacturing fee and the annual special tag fee derived from the sale of special license plates listed in subsection (n) of this Code section shall be apportioned as follows: $1.00 to the county tag agent, $2.00 to the department, $12.00 to be deposited into the general fund, and $10.00 to be dedicated to the sponsoring agency, fund, or nonprofit corporation as permitted by Article III, Section IX, Paragraph VI(n) of the Constitution. (f) Before the department disburses to the agency, fund, or nonprofit corporation funds from the sale of special license plates, the agency, fund, or nonprofit corporation must provide a written statement stating the manner in which such funds shall be utilized. In addition, a nonprofit corporation must provide the department with documentation of its nonprofit status under Section 501(c)(3) of Title 26 of the Internal Revenue Code. The purposes for which the funds shall be utilized must be the same as those specified in subsections (m) and (n) of this Code section authorizing the dedication to the agency, WEDNESDAY, MARCH 8, 2006 2825 fund, or nonprofit corporation of revenue from the sale of special license plates. The agency, fund, or nonprofit corporation shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. If it is determined that the funds are not being used for the purposes set forth in the statement provided by the agency, fund, or nonprofit corporation, the department shall withhold payment of such funds until such noncompliance issues are resolved. (g) An applicant may request a special license plate any time during the applicant's registration period. If such a license plate is to replace a current valid license plate, the special license plate shall be issued with appropriate decals attached. (h) No special license plate authorized pursuant to subsection (n) of 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, 2007, 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. (i) 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 provided for 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 provided for in subsection (b) of Code Section 40-2-31, the sponsoring agency, fund, or nonprofit corporation shall be required again to obtain 1,000 applications accompanied by the manufacturing fee to continue to manufacture the special license plate. (j) Special license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (k) Special license plates shall be issued within 30 days of application once the requirements of this Code section have been met. (l) The commissioner is authorized and directed to establish procedures and promulgate rules and regulations to effectuate the purposes of this Code section. (m)(1) The General Assembly has determined that the existing license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall continue to be issued for the purposes indicated and that all of the revenue raised from the sale of these license plates, less a $1.00 fee to be paid to the county tag agent and a $2.00 manufacturing or special tag renewal fee to the department, shall be disbursed to the agency, fund, or nonprofit corporation indicated in this subsection. 2826 JOURNAL OF THE HOUSE (2) A special license plate promoting the United States Disabled Athletes Fund, for the support of disabled athletes. The funds raised by the sale of this special license plate shall be disbursed to the United States Disabled Athletes Fund. (3) A special license plate promoting the Nongame-Endangered Wildlife Program of the Georgia Department of Natural Resources. The funds raised by the sale of this special license plate shall be disbursed to the Nongame-Endangered Wildlife Program of the Georgia Department of Natural Resources for the purposes enumerated in subsection (b) of Code Section 12-3-602. (4) A special license plate commemorating Civil War battlefields and historic sites. The funds raised by the sale of this special license plate shall be disbursed to the Civil War Commission for the acquisition of Civil War battlefields and associated Civil War historic sites in this state and for the maintenance, protection, and interpretation of the same as provided by Ga. L. 1993, p. 1952. (5) A special license plate promoting conservation and enhancement of trout populations. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to supplement trout restoration and management programs. (6) A special license plate promoting historic preservation efforts. The funds raised by the sale of this special license plate shall be disbursed to the Department of Natural Resources for use by the Historic Preservation Division to fund historic preservation programs in the state through the Georgia historic preservation grant program as otherwise authorized by law. (7) Special license plates promoting NASCAR or promoting bicycle safety. The funds raised by the sale of this special license plate shall be disbursed to the Governor's Highway Safety Program administered by the Office of Highway Safety in the Department of Public Safety. (8) A special license plate honoring families with a member serving in the military. The funds raised by the sale of this special license plate shall be disbursed 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. (9) A special license plate promoting 'Support Georgia Troops.' The funds raised by the sale of this special license plate shall be disbursed 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. (n)(1) The General Assembly has determined that license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated and with a portion of the revenue being disbursed to the agency, fund, or nonprofit corporation indicated in this subsection. The revenue disbursement for the special license plates in this subsection shall be as described in subsection (e) of this Code section. WEDNESDAY, MARCH 8, 2006 2827 (2) A special license plate for the Georgia Center for the Book to support the purchase of books for public libraries in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Center for the Book. (3) A special license plate for Children's Healthcare of Atlanta to support the work this pediatric hospital system does in the State of Georgia. The funds raised by the sale of this special license plate shall be disbursed to Children's Healthcare of Atlanta. (4) A special license plate for the Georgia War Veterans Nursing Home to support the implementation and operation of the Georgia War Veterans Nursing Home. The funds raised by the sale of this special license plate shall be disbursed to the Department of Veterans Service for use in operating the Georgia War Veterans Nursing Home. (5) A special license plate for the Georgia Automobile Racing Hall of Fame Association to promote the Georgia Automobile Racing Hall of Fame Association, which is devoted to preserving the history of automobile racing in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Automobile Racing Hall of Fame Association. (6) A special license plate for the Alzheimer's Association, Georgia Chapter, to help eliminate Alzheimer's disease through the advancement of research and to enhance care and support for individuals, their families, and caregivers. The funds raised by the sale of this special license plate shall be disbursed to the Alzheimer's Association, Georgia Chapter. (7) A special license plate for the school health and physical education program to help fund school health and physical education programs. The funds raised by the sale of this special license plate shall be disbursed to the Department of Education. (8) A special license plate for stroke awareness, treatment, and prevention to support programs aiding stroke victims in Georgia. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Stroke Awareness' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Center for Telehealth of the Medical College of Georgia. (9) A special license plate for Project Lifesaver promoting the establishment of a Project Lifesaver or similar type of program by local law enforcement agencies. Project Lifesaver's mission is to use state of the art technology in assisting those who care for victims of Alzheimer's disease and other related mental dysfunction disorders and victims who become lost. The funds raised by the sale of this special license plate shall be disbursed to the Department of Public Safety or a nonprofit corporation organized exclusively for the purpose of establishing a Project Lifesaver or similar type of program by local law enforcement agencies. (10) A special license plate for pediatric cancer to raise funds to support the treatment of pediatric cancer. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Cure Kids Cancer' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Health to be deposited in the Indigent 2828 JOURNAL OF THE HOUSE Care Trust Fund created by Code Section 31-8-152 to fund pediatric cancer screening and treatment related programs for those children who are medically indigent and may have cancer. (11) A special license plate for the minority child care industry to promote the minority child care industry by encouraging higher educational standards and providing for professional camaraderie for child care providers. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Support Improved Child Care' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Minority Alliance for Child Care Development Advocates, Inc., for the development of programs to help improve minority child care. (12) A special license plate to display the motto, 'In God We Trust.' The funds raised by the sale of this special license plate shall be disbursed to the Boy Scouts of America for the development of scouting programs. (13) A special license plate for child abuse prevention. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Prevent Child Abuse' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Foster Family Foundation of Georgia for the development of programs to help victims of child abuse. (14) A special license plate for the Thanks Mom and Dad Fund. The funds raised by the sale of this special license plate shall be disbursed to the Department of Human Resources to address the key needs of the state's older population or a nonprofit corporation organized to serve the needs of the state's older population. (15) A special license plate for pediatric cancer research. The funds raised by the sale of this special license plate shall be disbursed to the Joanna McAfee Childhood Cancer Foundation for support of pediatric cancer research. (16) A special license plate for supporting beautification projects in Cobb County. The funds raised by the sale of this special license plate shall be disbursed to Keep Cobb Beautiful, Inc., for support of beautification projects in Cobb County. (17) A special license plate for the AIDS Survival Project. The funds raised by the sale of this special license plate shall be disbursed to the AIDS Survival Project which is committed to providing people living with HIV the information and support they need to live healthy and productive lives. (18) A special license endorsing 'Support Our Troops.' The funds raised by the sale of this special license plate shall be disbursed to Georgia Support Our Troops, Inc. (19) A special license plate for the Sons of Confederate Veterans. The funds raised by the sale of this special license plate shall be disbursed to Georgia Sons of Confederate Veterans. (20) A special license plate for amyotrophic lateral sclerosis (ALS), also known as 'Lou Gehrig's disease,' to support research and education on amyotrophic lateral sclerosis. The funds raised by the sale of this special license plate shall be disbursed to the ALS Association of Georgia. WEDNESDAY, MARCH 8, 2006 2829 (21) A special license plate for foster parents to support programs for foster parents in Georgia. The funds raised by the sale of this special license plate shall be disbursed to The Adoptive and Foster Parent Association of Georgia, Inc., for support of foster parents in Georgia. (22) A special license plate for the Atlanta Braves Foundation to assist the charities supported by the foundation. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Affairs or such other public agency or nonprofit corporation as may be designated. (23) A special license plate for the Atlanta Falcons Foundation to assist the charities supported by the foundation. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Affairs or such other public agency or nonprofit corporation as may be designated. (24) A special license plate for supporting beautification projects in Georgia. The funds raised by the sale of this special license plate shall be disbursed to Keep Georgia Beautiful Foundation, Inc., for support of beautification projects in Georgia. (25) A special license plate displaying the logo of Choose Life, Inc. The words 'Choose Life' must appear at the bottom. The funds raised by the sale of this special license plate shall be disbursed to Choose Life of Georgia, Inc., to be distributed among nonprofit corporations in Georgia that counsel women to consider adoption. The requirements of this Code section shall also apply to a special license plate to be designed to read: 'Adopt A Child.'" SECTION 12. (a) This Act shall become effective on January 1, 2007, except as otherwise provided in subsection (b) of this section. (b) If an amendment to the Constitution of the State of Georgia authorizing the dedication of revenue from sales of special license plates to agencies, funds, or nonprofit corporations designated by the General Assembly is not ratified at the general election in 2006, this Act shall be repealed in its entirety on January 1, 2007, and no such motor vehicle license plates shall be issued pursuant to this Act. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Crawford Y Cummings Y Davis Y Day Y Hill, C.A Y Holmes Y Holt Y Horne Y Martin Y Maxwell Y May Y McCall Y Sailor Scheid Y Scott, A Y Scott, M 2830 JOURNAL OF THE HOUSE 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 Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H N Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Y Graves, T Y Greene Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Hembree Y Henson Y Hill, C Y Houston Y Howard, E Y Hudson N Hugley Jackson N Jacobs Y James N Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox Y Mangham Y Manning Marin E McClinton Y Meadows E Millar Y Mills Mitchell N Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock Y Parham Y Parrish Parsons N Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Setzler N Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre 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 E Willard N 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 145, nays 16. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1405. By Representatives Coan of the 101st, Burkhalter of the 50th, Heard of the 104th, Keen of the 179th, England of the 108th 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 require that a claim be proven or documented within 36 months after a notice of claim is filed; 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. WEDNESDAY, MARCH 8, 2006 2831 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 N Barnes Y Bearden Y 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 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 N Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson 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 E Harbin Y Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown N 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 Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock Y Parham Y Parrish Parsons Y Porter Y Powell Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Y Sailor 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 N 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 E Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 154, nays 7. The Bill, having received the requisite constitutional majority, was passed. HB 1385. By Representatives Heard of the 104th, Ehrhart of the 36th, Coan of the 101st, Dodson of the 75th and Forster of the 3rd: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the O.C.G.A., relating to state building, plumbing, and electrical codes, so as to provide for the employment of private professional providers to perform building plan reviews and inspections when the local jurisdiction 2832 JOURNAL OF THE HOUSE cannot timely perform such services; to provide a definition; to provide for the qualifications of such persons; to provide for the manner of such reviews and inspections; to provide for certain insurance requirements; to provide for the manner of submitting reports; to amend Chapter 2 of Title 25 of the O.C.G.A., relating to regulation of fire and other hazards to persons and property generally, so as to provide for the employment of private professional providers to perform building plan reviews when the state fire marshal, local fire marshal, or state inspector cannot timely perform such services; to provide for other related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes, so as to provide for the employment of private professional providers to perform building plan reviews and inspections when the local jurisdiction cannot timely perform such services; to provide a definition; to provide for the qualifications of such persons; to provide for the manner of such reviews and inspections; to provide for certain insurance requirements; to provide for the manner of submitting reports; to provide for the issuance of notices of deficiencies to the applicants and time for curing such deficiencies; to provide for the issuance of permits under certain conditions; to provide for appeals; to provide for applicability; to provide for certain immunities; to prohibit adoption of more stringent standards by local jurisdictions; to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to persons and property generally, so as to provide for the employment of private professional providers to perform building plan reviews when the state fire marshal, local fire marshal, state inspector, or designated code official cannot timely perform such services; to provide a definition; to provide for the qualifications of such persons; to provide for the manner of such reviews and inspections; to provide for certain insurance requirements; to provide for the manner of submitting reports; to provide for the issuance of notices of deficiencies to the applicants and time for curing such deficiencies; to provide for the issuance of permits under certain conditions; to provide for appeals; to provide for applicability; to provide for certain immunities; to prohibit adoption of more stringent standards by local jurisdictions; 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. Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes, is amended by striking WEDNESDAY, MARCH 8, 2006 2833 subsection (g) of Code Section 8-2-26, relating to enforcement of codes generally, and inserting in lieu thereof a new subsection (g) to read as follows: "(g)(1) If a governing authority of a county or municipality cannot provide plan review within 30 business days of receiving a written application for permitting in accordance with the code official's plan submittal process or inspection services within two business days of receiving a valid written request for inspection, then, in lieu of plan review or inspection by inspectors or other personnel employed by such governing authority, any person, firm, or corporation engaged in a construction project which requires plan review or inspection shall have the option of retaining, at its own expense, a private professional provider to provide the required plan review or inspection. As used in this subsection, the term 'private professional provider' means a professional engineer who holds a certificate of registration issued under Chapter 15 of Title 43 or a professional architect who holds a certificate of registration issued under Chapter 4 of Title 43, and who is not an employee of or otherwise affiliated with or financially interested in such the person, firm, or corporation, to provide the required inspection engaged in the construction project to be reviewed or inspected. The local governing authority shall advise the permit applicant in writing if requested by the applicant at the time the complete submittal application for a permit in accordance with the code official's plan submittal process is received that the local governing authority intends to complete the required plan review within the time prescribed by this paragraph or that the applicant may immediately secure the services of a private professional provider to complete the required plan review pursuant to this subsection. If the local governing authority states its intent to complete the required plan review within the time prescribed by this paragraph, the applicant shall not be authorized to use the services of a private professional provider as provided in this subsection. The permit applicant and the local governing authority may agree by mutual consent to extend the time period prescribed by this paragraph for plan review if the characteristics of the project warrant such an extension. However, if the local governing authority states its intent to complete the required plan review within the time prescribed by this paragraph, or any extension thereof mutually agreed to by the applicant and the governing authority, and does not permit the applicant to use the services of a private professional provider and the local governing authority fails to complete such plan review in the time prescribed by this paragraph, or any extension thereof mutually agreed to by the applicant and the governing authority, the local governing authority shall issue the applicant a project initiation permit to permit the applicant to begin work on the project. If a full permit is not issued for the portion requested for permitting, then the governing authority shall have an additional 20 business days to complete the review and issue the full permit. (2) Any plan review or inspection conducted by a registered private professional engineer provider shall be no less extensive than an inspection plan reviews or inspections conducted by a county or municipal inspector personnel. (3) The person, firm, or corporation retaining a registered private professional engineer provider to conduct a plan review or an inspection shall be required to pay to 2834 JOURNAL OF THE HOUSE the county or municipality which requires the plan review or inspection the same permit regulatory fees and charges which would have been required had the plan review or inspection been conducted by a county or municipal inspector. (4) A private professional provider performing plan reviews under this subsection shall review construction plans to determine compliance with the Georgia State Minimum Standard Codes most recently adopted by the Department of Community Affairs and any locally adopted ordinances and amendments to such codes; the Manual for Erosion and Sediment Control in Georgia; and the requirements of subsection (b) of Code Section 12-7-6, if applicable to the project. Upon determining that the plans reviewed comply with the applicable codes, such private professional provider shall prepare an affidavit or affidavits on a form adopted by the Department of Community Affairs certifying under oath that the following is true and correct to the best of such private professional provider's knowledge and belief and in accordance with the applicable professional standard of care: (A) The plans were reviewed by the affiant who is duly authorized to perform plan review pursuant to this subsection and who holds the appropriate license or certifications and insurance coverage stipulated in this subsection; and (B) The plans comply with the Georgia State Minimum Standard Codes most recently adopted by the Department of Community Affairs and any locally adopted ordinances and amendments to such codes; the Manual for Erosion and Sediment Control in Georgia; and the requirements of subsection (b) of Code Section 12-7-6, if applicable to the project. (5) All private professional providers providing plan review or inspection services pursuant to this subsection shall secure and maintain insurance coverage for professional liability (errors and omissions) insurance. The limits of such insurance shall be not less than $1 million per claim and $1 million in aggregate coverage. Such insurance may be a practice policy or project-specific coverage. If the insurance is a practice policy, it shall contain prior acts coverage for the private professional provider. If the insurance is project-specific, it shall continue in effect for two years following the issuance of the certificate of final completion for the project. A local enforcement agency, local building official, or local government may establish, for private professional providers working within that jurisdiction, a system of registration listing the private professional providers within their areas of competency and verifying compliance with the insurance requirements of this subsection. (4)(6) The registered private professional engineer provider shall be empowered to perform any plan review or inspection required by the governing authority of any county or municipality, including, but not limited to, inspections for footings, foundations, concrete slabs, framing, electrical, plumbing, heating ventilation and air conditioning (HVAC), or any and all other inspections necessary or required for the issuance of a building permit or certificate of occupancy by the governing authority of any county or municipality, provided that the plan review or inspection is within the scope of such engineer's branch of engineering expertise private professional provider's area of competency. Private professional providers providing soil erosion WEDNESDAY, MARCH 8, 2006 2835 and sedimentation control plan review for issuing authorities shall have the Level II NPDES Training Certification as provided in Code Section 12-7-19. (5)(7)(A) The registered permit applicant shall submit a copy of the private professional engineer shall submit a copy of his or her inspection provider's plan review report to the county or municipality. Such plan review report shall include at a minimum all of the following: (i) The affidavit of the private professional provider required pursuant to this subsection; (ii) The applicable fees; and (iii) Any documents required by the local official and any other documents necessary to determine that the permit applicant has secured all other governmental approvals required by law. (B) No more than 30 business days after receipt of a permit application and the affidavit from the private professional provider required pursuant to this subsection, the local building official shall issue the requested permit or provide written notice to the permit applicant identifying the specific plan features that do not comply with the applicable codes, as well as the specific code chapters and sections. If the local building official does not provide a written notice of the plan deficiencies within the prescribed 30 day period, the permit application shall be deemed approved as a matter of law and the permit shall be issued by the local building official on the next business day. (C) If the local building official provides a written notice of plan deficiencies to the permit applicant within the prescribed 30 day period, the 30 day period shall be tolled pending resolution of the matter. To resolve the plan deficiencies, the permit applicant may elect to dispute the deficiencies pursuant to this subsection or to submit revisions to correct the deficiencies. (D) If the permit applicant submits revisions, the local building official shall have the remainder of the tolled 30 day period plus an additional five business days to issue the requested permit or to provide a second written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes, with specific reference to the relevant code chapters and sections. If the local building official does not provide the second written notice within the prescribed time period, the permit shall be issued by the local building official on the next business day. (E) If the local building official provides a second written notice of plan deficiencies to the permit applicant within the prescribed time period, the permit applicant may elect to dispute the deficiencies pursuant to this subsection or to submit additional revisions to correct the deficiencies. For all revisions submitted after the first revision, the local building official shall have an additional five business days to issue the requested permit or to provide a written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes, with specific reference to the relevant code chapters and sections. 2836 JOURNAL OF THE HOUSE (6)(8) Upon submission by the registered private professional engineer provider of a copy of his or her inspection report to the local governing authority, said local governing authority shall be required to accept the inspection of the registered private professional engineer provider without the necessity of further inspection or approval by the inspectors or other personnel employed by the local governing authority unless said governing authority has notified the registered private professional engineer provider, within two business days after the submission of the inspection report, that it finds the report incomplete or the inspection inadequate and has provided the registered private professional engineer provider with a written description of the deficiencies and specific code requirements that have not been adequately addressed. (7)(9) A local governing authority may provide for the prequalification of registered private professional engineers providers who may perform plan reviews or inspections pursuant to this subsection. No ordinance implementing prequalification shall become effective until notice of the governing authority's intent to require prequalification and the specific requirements for prequalification have been advertised in the newspaper in which the sheriff's advertisements for that locality are published. The ordinance implementing prequalification shall provide for evaluation of the qualifications of a registered private professional engineer provider only on the basis of the engineer's private professional provider's expertise with respect to the objectives of the inspection this subsection, as demonstrated by the engineer's private professional provider's experience, education, and training. Such ordinance may require a private professional provider to hold additional certifications, provided that such certifications are required by ordinance for plan review personnel currently directly employed by such local governing authority. (8)(10) Nothing in this subsection shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers. (11) This subsection shall not apply to hospitals, ambulatory health care centers, nursing homes, jails, penal institutions, or buildings or structures that impact national or state homeland security. (12) If the local building official determines that the building construction or plans do not comply with the applicable codes, the official may deny the permit or request for a certificate of occupancy or certificate of completion, as appropriate, or may issue a stop-work order for the project or any portion thereof as provided by law, after giving notice and opportunity to remedy the violation, if the official determines noncompliance with state or local laws, codes, or ordinances, provided that: (A) The local building official shall be available to meet with the private professional provider within two business days to resolve any dispute after issuing a stop-work order or providing notice to the applicant denying a permit or request for a certificate of occupancy or certificate of completion; and (B) If the local building official and the private professional provider are unable to resolve the dispute, the matter shall be referred to the local enforcement agency's board of appeals, if one exists, which shall consider the matter not later than its next WEDNESDAY, MARCH 8, 2006 2837 scheduled meeting. Any decisions by the local official, if there is no board of appeals, may be appealed to the Department of Community Affairs as provided in this chapter. (13) The local government, the local building official, and local building code enforcement personnel shall be immune from liability to any person or party for any action or inaction by an owner of a building or by private professional provider or its duly authorized representative in connection with building code plan review and inspection services by private professional providers as provided in this subsection. (14) Except as provided in paragraph (9) of this subsection, no local enforcement agency, local code official, or local government shall adopt or enforce any laws, rules, procedures, policies, qualifications, or standards more stringent than those prescribed in this subsection. (15) Nothing in this subsection shall limit the authority of the local code official to issue a stop-work order for a building project or any portion of such project, as provided by law, after giving notice and opportunity to remedy the violation, if the official determines that a condition on the building site constitutes an immediate threat to public safety and welfare. (16) When performing building code plan reviews or inspection services, a private professional provider is subject to the disciplinary guidelines of the applicable professional licensing board with jurisdiction over such private professional provider's license or certification under Chapters 4 and 15 of Title 43, as applicable. Any complaint processing, investigation, and discipline that arise out of a private professional provider's performance of building code plan reviews or inspection services shall be conducted by the applicable professional licensing board." SECTION 2. Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to persons and property generally, is amended by striking subsection (a) of Code Section 25-2-14, relating to requirement, issuance, etc., of building permits and certificates of occupancy for buildings presenting special hazards to persons or property, and inserting in lieu thereof a new subsection (a) to read as follows: "(a)(1) Plans and specifications for all proposed buildings which come under classification in paragraph (1) of subsection (b) of Code Section 25-2-13 and which come under the jurisdiction of the office of the Commissioner pursuant to Code Section 25-2-12 shall be submitted to and receive approval by either the state fire marshal, the proper local fire marshal, or state inspector before any state, municipal, or county building permit may be issued or construction started. All such plans and specifications submitted as required by this subsection shall be accompanied by a fee in the amount provided in Code Section 25-2-4.1 and shall bear the seal and Georgia registration number of the drafting architect or engineer or shall otherwise have the approval of the Commissioner. (2)(A) If the state fire marshal, the proper local fire marshal, state inspector, or designated code official cannot provide plan review within 30 business days of 2838 JOURNAL OF THE HOUSE receiving a written application for permitting in accordance with the code official's plan submittal process, then, in lieu of plan review by personnel employed by such governing authority, any person, firm, or corporation engaged in a construction project which requires plan review, regardless if the plan review is required by subsection (a) of this Code section or by local county or municipal ordinance, shall have the option of retaining, at its own expense, a private professional provider to provide the required plan review. As used in this paragraph, the term 'private professional provider' means a professional engineer who holds a certificate of registration issued under Chapter 15 of Title 43 or a professional architect who holds a certificate of registration issued under Chapter 4 of Title 43, who is not an employee of or otherwise affiliated with or financially interested in the person, firm, or corporation engaged in the construction project to be reviewed. (B) The state fire marshal, the proper local fire marshal, state inspector, or designated code official shall advise the permit applicant at the time the complete submittal application for a permit in accordance with the code official's plan submittal process is received that the state fire marshal, the proper local fire marshal, state inspector, or designated code official intends to complete the required plan review within the time prescribed by this paragraph or that the applicant may immediately secure the services of a private professional provider to complete the required plan review pursuant to this subsection. If the state fire marshal, the proper local fire marshal, state inspector, or designated code official states its intent to complete the required plan review within the time prescribed by this paragraph, the applicant shall not be authorized to use the services of a private professional provider as provided in this subsection. The permit applicant and the state fire marshal, the proper local fire marshal, state inspector, or designated code official may agree by mutual consent to extend the time period prescribed by this paragraph for plan review if the characteristics of the project warrant such an extension. However, if the state fire marshal, the proper local fire marshal, state inspector, or designated code official states its intent to complete the required plan review within the time prescribed by this paragraph, or any extension thereof mutually agreed to by the applicant and the state fire marshal, the proper local fire marshal, state inspector, or designated code official and does not permit the applicant to use the services of a private professional provider and the state fire marshal, the proper local fire marshal, state inspector, or designated code official fails to complete such plan review in the time prescribed by this paragraph, or any extension thereof mutually agreed to by the applicant and the state fire marshal, the proper local fire marshal, state inspector, or designated code official, the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall issue the applicant a project initiation permit to permit the applicant to begin work on the project. If a full permit is not issued for the portion requested for permitting, then the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall have an additional 20 business days to complete the review and issue the full permit. WEDNESDAY, MARCH 8, 2006 2839 (C) Any plan review or inspection conducted by a private professional provider shall be no less extensive than plan reviews or inspections conducted by state, county, or municipal personnel responsible for review of plans for compliance with the state's minimum fire safety standards and, where applicable, the state's minimum accessibility standards. (D) The person, firm, or corporation retaining a private professional provider to conduct a plan review shall be required to pay to the state fire marshal, the proper local fire marshal, state inspector, or designated code official which requires the plan review the same regulatory fees and charges which would have been required had the plan review been conducted by the state fire marshal, the proper local fire marshal, state inspector, or designated code official. (E) A private professional provider performing plan reviews under this subsection shall review construction plans to determine compliance with the state's minimum fire safety standards in effect which were adopted pursuant to this chapter and, where applicable, the state's minimum accessibility standards adopted pursuant to Chapter 3 of Title 30. Upon determining that the plans reviewed comply with the applicable codes and standards as adopted, such private professional provider shall prepare an affidavit or affidavits on a form prescribed by the Safety Fire Commissioner certifying under oath that the following is true and correct to the best of such private professional provider's knowledge and belief and in accordance with the applicable professional standard of care: (i) The plans were reviewed by the affiant who is duly authorized to perform plan review pursuant to this subsection and who holds the appropriate license or certifications and insurance coverage and insurance coverage stipulated in this subsection; and (ii) The plans comply with the state's minimum fire safety standards in effect which were adopted pursuant to this chapter and, where applicable, the state's minimum accessibility standards adopted pursuant to Chapter 3 of Title 30. (F) All private professional providers providing plan review services pursuant to this subsection shall secure and maintain insurance coverage for professional liability (errors and omissions) insurance. The limits of such insurance shall be not less than $1 million per claim and $1 million in aggregate coverage. Such insurance may be a practice policy or project-specific coverage. If the insurance is a practice policy, it shall contain prior acts coverage for the private professional provider. If the insurance is project-specific, it shall continue in effect for two years following the issuance of the certificate of final completion for the project. The state fire marshal, the proper local fire marshal, state inspector, or designated code official may establish, for private professional providers working within their respective jurisdictions specified by this chapter, a system of registration listing the private professional providers within their areas of competency and verifying compliance with the insurance requirements of this subsection. (G) The private professional provider shall be empowered to perform any plan review required by the state fire marshal, the proper local fire marshal, state 2840 JOURNAL OF THE HOUSE inspector, or designated code official, regardless if the plan review is required by this subsection or by local county or municipal ordinance, provided that the plan review is within the scope of such private professional provider's area of expertise and competency. This subsection shall not apply to hospitals, ambulatory health care centers, nursing homes, jails, penal institutions, or buildings or structures that impact national or state homeland security or plans related to Code Section 25-2-16 or 25-2-17 or Chapter 8, 9, or 10 of this title. (H)(i) The permit applicant shall submit a copy of the private professional provider's plan review report to the state fire marshal, the proper local fire marshal, state inspector, or designated code official. Such plan review report shall include at a minimum all of the following: (I) The affidavit of the private professional provider required pursuant to this subsection; (II) The applicable fees required for permitting; (III) Other documents deemed necessary due to unusual construction or design, smoke removal systems where applicable with engineering analysis, and additional documentation required where performance based code options are used; and (IV) Any documents required by the state fire marshal, the proper local fire marshal, state inspector, or designated code official to determine that the permit applicant has secured all other governmental approvals required by law. (ii) No more than 30 business days after receipt of a permit application and the private professional provider's plan review report required pursuant to this subsection, the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall issue the requested permit or provide written notice to the permit applicant identifying the specific plan features that do not comply with the applicable codes or standards, as well as the specific reference to the relevant requirements. If the state fire marshal, the proper local fire marshal, state inspector, or designated code official does not provide a written notice of the plan deficiencies within the prescribed 30 day period, the permit application shall be deemed approved as a matter of law and the permit shall be issued by the state fire marshal, the proper local fire marshal, state inspector, or designated code official on the next business day. (iii) If the state fire marshal, the proper local fire marshal, state inspector, or designated code official provides a written notice of plan deficiencies to the permit applicant within the prescribed 30 day period, the 30 day period shall be tolled pending resolution of the matter. To resolve the plan deficiencies, the permit applicant may elect to dispute the deficiencies pursuant to this chapter, the promulgated rules and regulations adopted thereunder, or, where appropriate for existing buildings, the local governing authority's appeals process or the permit applicant may submit revisions to correct the deficiencies. (iv) If the permit applicant submits revisions, the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall have the WEDNESDAY, MARCH 8, 2006 2841 remainder of the tolled 30 day period plus an additional five business days to issue the requested permit or to provide a second written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes or standards, with specific reference to the relevant requirements. If the state fire marshal, the proper local fire marshal, state inspector, or designated code official does not provide the second written notice within the prescribed time period, the permit shall be issued by the state fire marshal, the proper local fire marshal, state inspector, or designated code official on the next business day. (v) If the state fire marshal, the proper local fire marshal, state inspector, or designated code official provides a second written notice of plan deficiencies to the permit applicant within the prescribed time period, the permit applicant may elect to dispute the deficiencies pursuant to this chapter, the rules and regulations promulgated thereunder, or, where applicable for existing buildings, the local governing authority's appeals process or the permit applicant may submit additional revisions to correct the deficiencies. For all revisions submitted after the first revision, the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall have an additional five business days to issue the requested permit or to provide a written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes or standards, with specific reference to the relevant requirements. (I) The state fire marshal may provide for the prequalification of private professional providers who may perform plan reviews pursuant to this subsection by rule or regulation authorized in Code Section 25-2-4. In addition, any local fire marshal, state inspector, or designated code official may provide for the prequalification of private professional providers who may perform plan reviews pursuant to this subsection; however, no additional local ordinance implementing prequalification shall become effective until notice of the proper local fire marshal, state inspector, or designated code official's intent to require prequalification and the specific requirements for prequalification have been advertised in the newspaper in which the sheriff's advertisements for that locality are published. The ordinance implementing prequalification shall provide for evaluation of the qualifications of a private professional provider only on the basis of the private professional provider's expertise with respect to the objectives of this subsection, as demonstrated by the private professional provider's experience, education, and training. Such ordinance may require a private professional provider to hold additional certifications, provided that such certifications are required by ordinance or state law for plan review personnel currently directly employed by such local governing authority. (J) Nothing in this subsection shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers. (K) If the state fire marshal, the proper local fire marshal, state inspector, or designated code official determines that the building construction or plans do not 2842 JOURNAL OF THE HOUSE comply with the applicable codes or standards, the state fire marshal, the proper local fire marshal, state inspector, or designated code official may deny the permit or request for a certificate of occupancy or certificate of completion, as appropriate, or may issue a stop-work order for the project or any portion thereof as provided by law or rule or regulation, after giving notice and opportunity to remedy the violation, if the state fire marshal, the proper local fire marshal, state inspector, or designated code official determines that noncompliance exists with state laws, adopted codes or standards, or local ordinances, provided that: (i) The state fire marshal, the proper local fire marshal, state inspector, or designated code official shall be available to meet with the private professional provider within two business days to resolve any dispute after issuing a stop-work order or providing notice to the applicant denying a permit or request for a certificate of occupancy or certificate of completion; and (ii) If the state fire marshal, the proper local fire marshal, state inspector, or designated code official and the private professional provider are unable to resolve the dispute, the matter shall be referred to the local enforcement agency's board of appeals, except as provided in Code Section 25-2-12 and appeals for those proposed buildings classified under paragraph (1) of subsection (b) of Code Section 25-2-13 or any existing building under the specific jurisdiction of the state fire marshal's office shall be made to the state fire marshal and further appeal shall be under Code Section 25-2-10. (L) The state fire marshal, the proper local fire marshal, state inspector, or designated code official enforcement personnel shall be immune from liability to any person or party for any action or inaction by an owner of a building or by private professional provider or its duly authorized representative in connection with building code plan review services by private professional providers as provided in this subsection. (M) Except as provided in this paragraph, no proper local fire marshal, state inspector, or designated code official shall adopt or enforce any laws, rules, procedures, policies, or standards more stringent than those prescribed in this subsection related to private professional provider services. (N) Nothing in this subsection shall limit the authority of the state fire marshal, the proper local fire marshal, state inspector, or designated code official to issue a stopwork order for a building project or any portion of such project, as provided by law or rule or regulation authorized pursuant to Code Section 25-2-4, after giving notice and opportunity to remedy the violation, if the official determines that a condition on the building site constitutes an immediate threat to public safety and welfare. (O) When performing building code plan reviews related to determining compliance with the Georgia State Minimum Standard Codes most recently adopted by the Department of Community Affairs, the state's minimum fire safety standards adopted by the safety fire marshal, or the state's minimum accessibility standards pursuant to Chapter 3 of Title 30, a private professional provider is subject to the disciplinary guidelines of the applicable professional licensing board with WEDNESDAY, MARCH 8, 2006 2843 jurisdiction over such private professional provider's license or certification under Chapters 4 and 15 of Title 43, as applicable. Any complaint processing, investigation, and discipline that arise out of a private professional provider's performance of the adopted building, fire safety, or accessibility codes or standards plan review services shall be conducted by the applicable professional licensing board or as allowed by state rule or regulation." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Buckner of the 130th et al. move to amend the Committee substitute to HB 1385 by striking line 10 of page 1 and inserting in lieu thereof the following: immunities; to prohibit adoption of more stringent standards by local jurisdictions; to provide for exceptions; to amend By striking line 29 of page 6 and inserting in lieu thereof the following: (14) Except as provided in paragraph (9) of this subsection and Chapter 7 of Title 12, no local enforcement agency, By inserting between lines 7 and 8 of page 7 the following: (17) Nothing in this subsection shall apply to inspections for erosion and sedimentation control exempted in Code Section 8-2-26.1." The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Y Barnes Bearden N Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Y Crawford Y Cummings Y Davis N Day N Dean Y Dickson Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E Y Hudson Y Hugley N Jackson N Jacobs Y James Y Jamieson Y Martin Y Maxwell E May Y McCall E McClinton Meadows E Millar Mills Mitchell N Morgan Y Morris N Mosby Y Sailor Y Scheid Y Scott, A Y Scott, M N Setzler Y Shaw Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L 2844 JOURNAL OF THE HOUSE N Borders Y Bridges N Brooks Y Brown N Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman, B Y Coleman, T Cooper Y Cox Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree Y Henson Y Hill, C Y Jenkins E Jennings Y Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox N Mangham N Manning Y Marin Y Mosley Y Mumford Y Murphy, J Y Murphy, Q E Neal Y Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Ralston Y Randall Y Ray Y Reece, B Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens Stephenson Y Talton N Teilhet N Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 123, nays 31. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. 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. HB 1444. By Representatives Maxwell of the 17th, Knox of the 24th, Meadows of the 5th, Forster of the 3rd and Lunsford of the 110th: A BILL to be entitled an Act to amend an Act approved May 2, 2005 (Ga. L. 2005, p. 563), so as to revise the applicability of certain sections of such Act to apply to insolvencies occurring on and after the effective date of the 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: WEDNESDAY, MARCH 8, 2006 2845 E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y 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 E 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 Dukes Y Ehrhart Y England Y Epps Y Everson 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 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, E 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 Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell E May Y McCall E McClinton Y Meadows E Millar Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q E 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 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 Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 156, nays 0. 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. HR 1169. By Representatives Bearden of the 68th, Brooks of the 63rd, Hembree of the 67th and Bruce of the 64th: A RESOLUTION dedicating the "Colonel R. H. Burson Bridge"; and for other purposes. 2846 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y 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 E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson 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 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, E 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 Lucas Lunsford Y Maddox Y Mangham Manning Y Marin Y Martin Y Maxwell E May Y McCall E McClinton Y Meadows E Millar Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q E 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 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 N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M 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 On the adoption of the Resolution, the ayes were 153, nays 1. The Resolution, having received the requisite constitutional majority, was adopted. Representative Sinkfield of the 60th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon. WEDNESDAY, MARCH 8, 2006 2847 Representative Ralston of the 7th moved that the following Bill of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Rules: HB 925. By Representatives Ralston of the 7th, Tumlin of the 38th and Forster of the 3rd: 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. The motion prevailed. The following Resolutions of the House were read and adopted: HR 1701. By Representative Dollar of the 45th: A RESOLUTION commending David Parker Branch on becoming an Eagle Scout; and for other purposes. HR 1702. By Representative Coleman of the 97th: A RESOLUTION congratulating and commending the Duluth Middle School Academic Bowl Team coached by Linda Koch and Sylvia Barteaux; and for other purposes. HR 1703. By Representative Dollar of the 45th: A RESOLUTION commending Nicholas Anthony Passarello on becoming an Eagle Scout; and for other purposes. HR 1704. By Representative Dollar of the 45th: A RESOLUTION commending Anthony Carl Drummond on becoming an Eagle Scout; and for other purposes. 2848 JOURNAL OF THE HOUSE HR 1705. By Representative Dollar of the 45th: A RESOLUTION commending Ross Butler Spain on becoming an Eagle Scout; and for other purposes. HR 1706. By Representative Dollar of the 45th: A RESOLUTION commending Taylor Scott Whitehead on becoming an Eagle Scout; and for other purposes. HR 1707. By Representative Dollar of the 45th: A RESOLUTION commending Jason Robert Miller on becoming an Eagle Scout; and for other purposes. HR 1708. By Representative Dollar of the 45th: A RESOLUTION commending Brian Irving Flamm on becoming an Eagle Scout; and for other purposes. HR 1709. By Representative Dollar of the 45th: A RESOLUTION commending Kevin David Colwell on becoming an Eagle Scout; and for other purposes. HR 1710. By Representative Dollar of the 45th: A RESOLUTION commending Brian David Davidson on becoming an Eagle Scout; and for other purposes. HR 1711. By Representative Dollar of the 45th: A RESOLUTION commending Andrew Thomas BeGasse on becoming an Eagle Scout; and for other purposes. HR 1712. By Representative Dollar of the 45th: A RESOLUTION commending Kevin Edward Ness on becoming an Eagle Scout; and for other purposes. HR 1713. By Representative Dollar of the 45th: A RESOLUTION commending Matthew Harrison Dodd on becoming an Eagle Scout; and for other purposes. WEDNESDAY, MARCH 8, 2006 2849 HR 1714. By Representative Dollar of the 45th: A RESOLUTION commending Walter Moore Hall IV on becoming an Eagle Scout; and for other purposes. HR 1715. By Representative Dollar of the 45th: A RESOLUTION commending Stephen Robert Schaff on becoming an Eagle Scout; and for other purposes. HR 1716. By Representative Dollar of the 45th: A RESOLUTION commending Harry Stephen Gatanis, Jr. on becoming an Eagle Scout; and for other purposes. HR 1717. By Representative Dollar of the 45th: A RESOLUTION commending Michael David Brazeal on becoming an Eagle Scout; and for other purposes. HR 1718. By Representative Dollar of the 45th: A RESOLUTION commending John Ryan Gartin on becoming an Eagle Scout; and for other purposes. HR 1719. By Representative Dollar of the 45th: A RESOLUTION commending Andrew Morgan Maxey on becoming an Eagle Scout; and for other purposes. HR 1720. By Representative Dollar of the 45th: A RESOLUTION commending Tyler Joseph Maxey on becoming an Eagle Scout; and for other purposes. HR 1721. By Representative Dollar of the 45th: A RESOLUTION commending Michael Brian Harward on becoming an Eagle Scout; and for other purposes. HR 1722. By Representative Dollar of the 45th: A RESOLUTION commending Daniel Livingston Connell on becoming an Eagle Scout; and for other purposes. 2850 JOURNAL OF THE HOUSE HR 1723. By Representative Dollar of the 45th: A RESOLUTION commending Miles Lee Gantt on becoming an Eagle Scout; and for other purposes. HR 1724. By Representative Dollar of the 45th: A RESOLUTION commending Robert Irving Gibbs on becoming an Eagle Scout; and for other purposes. HR 1725. By Representative Dollar of the 45th: A RESOLUTION commending Krelin Naidu on becoming an Eagle Scout; and for other purposes. HR 1726. By Representative Dollar of the 45th: A RESOLUTION commending Matthew Thomas Frazier on becoming an Eagle Scout; and for other purposes. HR 1727. By Representatives Buckner of the 76th, Stanley-Turner of the 53rd, Smyre of the 132nd, Sinkfield of the 60th, Thomas of the 55th and others: A RESOLUTION recognizing and commending Rita Samuels for her many years of effort to improve the quality of life for Georgia citizens; and for other purposes. HR 1728. By Representatives Reece of the 27th, Mills of the 25th, Rogers of the 26th and Benton of the 31st: A RESOLUTION remembering and honoring the life of Mr. Eddie Delton Hughes; and for other purposes. HR 1729. By Representative Bearden of the 68th: A RESOLUTION commending the Kiwanis Club of Fairfield Plantation; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1730. By Representatives Willard of the 49th, Orrock of the 58th, Oliver of the 83rd, Jenkins of the 8th, Sinkfield of the 60th and others: WEDNESDAY, MARCH 8, 2006 2851 A RESOLUTION recognizing Critical Conditions Health Decisions Month in Georgia; and for other purposes. HR 1731. By Representatives Mosby of the 90th, Watson of the 91st, Morgan of the 39th, Smyre of the 132nd, Murphy of the 120th and others: A RESOLUTION commending Travis Smiley for facilitating the creation of the Covenant with Black America; 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 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 1109 Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning. 2852 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Thursday, March 9, 2006 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 Beasley-Teague Benton Black Bordeaux Borders Bridges Brooks Brown Bruce Bryant Buckner, D Burmeister Burns Butler Byrd Carter Casas Chambers Channell Cheokas Cole Coleman, B Cox Crawford Cummings Davis Dean Dickson Dodson Drenner Dukes Ehrhart England E Epps Everson Fleming Floyd, H Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger Graves, T Greene Hanner Harbin Hatfield Heard, J Henson Hill, C Holmes Holt Horne Houston Howard, E Hudson Hugley Jacobs James Jamieson Jenkins Jennings Johnson Jones, S Jordan Keen Keown Kidd Knight Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Maddox Marin Martin Maxwell May McCall E McClinton Meadows E Millar Mills Morgan Morris Mosley Mumford Murphy, J Murphy, Q Oliver O'Neal Orrock Parham Parrish Parsons Powell Ralston Randall Ray Reece, S Reese Roberts Rogers Royal Rynders Sailor Scheid Scott, A E Scott, M Shaw Sheldon Sims, C Sims, F Smith, B Smith, L Smith, P Smith, T Smith, V Stanley-Turner Talton Teilhet Thomas, A.M Thomas, B Tumlin Warren Watson Wilkinson Williams, A Williams, E Williams, R Wix Yates Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Anderson of the 123rd, Barnes of the 78th, Benfield of the 85th, Burkhalter of the 50th, Dollar of the 45th, Golick of the 34th, Graves of the 137th, Hembree of the 67th, Hill of the 180th, Knox of the 24th, Lucas of the 139th, Lunsford of the 110th, Manning of the 32nd, Mosby of the 90th, Porter of the 143rd, Rice of the 51st, Setzler of the 35th, Smith of the 131st, and Stephenson of the 92nd. They wish to be recorded as present. THURSDAY, MARCH 9, 2006 2853 Prayer was offered by the Reverend Ken Hall, Lilburn Baptist Church, Lilburn, 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 1583. By Representative Sims of the 169th: A BILL to be entitled an Act to provide for the employment of marshals in Coffee County; to provide for the appointment, duties, and term of such marshals; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1584. By Representatives Smith of the 113th and Holt of the 112th: A BILL to be entitled an Act to create the Morgan County Building 2854 JOURNAL OF THE HOUSE 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 conditions for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for liberal construction; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1585. By Representatives Lane of the 167th, Keen of the 179th and Hill of the 180th: A BILL to be entitled an Act to create the Brunswick-Glynn County Joint Water and Sewer Commission; to provide a short title; to define certain terms; to provide for membership, appointment, terms, cooperation, quorums, and officers of the commission; to provide for a director; to provide for purposes; to provide for powers; to provide for ordinance proposals; to provide for tax exemption; to provide for construction; to provide for cumulative nature of powers; to provide an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1586. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Brunswick, approved April 4, 1991 (Ga. L. 1991, p. 3911), as amended, so as to change certain provisions relating to nomination of candidates; to provide for submission 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 1587. By Representatives Smith of the 113th, Burmeister of the 119th and Smith of the 131st: THURSDAY, MARCH 9, 2006 2855 A BILL to be entitled an Act to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, so as to change certain provisions relating to meetings to be open to public, limitation on action to contest agency action, recording, notice of time and place, access to minutes, and telecommunications conferences; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1588. By Representative Crawford of the 127th: A BILL to be entitled an Act to amend Title 44 of the O.C.G.A., relating to property, so as to clarify the scope of the provisions applicable to the acquisition of title to land by adverse possession, the acquisition of easements and private ways through prescription, and the acquisition of land by railroad corporations or railroad companies; to exclude property of a railroad corporation or railroad company from the type of property by which these methods of acquiring property are applicable; to provide for legislative findings and purpose; to provide for statutory construction; to amend Article 2 of Chapter 4 of Title 24 of the O.C.G.A., relating to presumptions and estoppel, so as to provide that occupancy of a railroad right of way is by permission; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1589. By Representative Jones of the 46th: 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 change the terms of members of the board; to provide for a term for the chairperson 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 Transportation. HB 1591. By Representatives Hill of the 21st, Byrd of the 20th and Murphy of the 23rd: A BILL to be entitled an Act to authorize the City of Ball Ground 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 2856 JOURNAL OF THE HOUSE provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1592. By Representatives Drenner of the 86th, Orrock of the 58th, Ashe of the 56th, Watson of the 91st, Mosby of the 90th and others: A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to require for referendum approval of new incorporations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1593. By Representatives Drenner of the 86th, Porter of the 143rd, Benfield of the 85th, Buckner of the 130th and Henson of the 87th: A BILL to be entitled an Act to amend Title 46 of the O.C.G.A., relating to public utilities, so as to provide for voluntary portfolio standard goals for renewable energy; to provide for legislative intent and purpose; to provide for definitions; to provide for reports, incentives, penalties, and rules and regulations; to provide for a renewable energy credits trading program; to provide for a registry of producers of renewable energy in this state; to provide for credits for landfill gas or other renewable energy in the form of gas supplied by a producer of renewable energy and sold to a customer or gas distribution system; to amend Code Section 50-23-4 of the O.C.G.A., relating to definitions concerning the Georgia Environmental Facilities Authority, so as to include in the definition of "project" renewable energy facilities such that the Georgia Environmental Facilities Authority may issue bonds to finance such projects; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. HB 1594. By Representatives Greene of the 149th and Hanner of the 148th: A BILL to be entitled an Act to create the Lower Chattahoochee Regional Airport 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 THURSDAY, MARCH 9, 2006 2857 vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for succession in interest to the Cuthbert-Randolph Airport Authority; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; 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 an effective date; to repeal a certain Act; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1595. By Representative Smith of the 113th: A BILL to be entitled an Act to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to provide for hearings to be conducted prior to imposing a moratorium on rezoning decisions or on the issuance of building permits; to provide for hearing procedures; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1596. By Representative Smith of the 113th: A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to state properties, so as to change provisions relating to administrative space management; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. HB 1597. By Representatives Anderson of the 123rd, Lord of the 142nd and Burns of the 157th: A BILL to be entitled an Act to amend an Act providing for the election of the members of the board of education of Burke County, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, particularly by an Act approved April 6, 1996 (Ga. L. 1996, p. 3944), so as to change certain provisions regarding the compensation and expense allowance of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. 2858 JOURNAL OF THE HOUSE Referred to the Committee on State Planning & Community Affairs - Local. HB 1598. By Representative Fleming of the 117th: A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions concerning state, county, and municipal road systems, so as to not require the Department of Transportation to require turn lanes based on daily turning volume; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. HB 1599. By Representatives Ashe of the 56th and Thomas of the 55th: A BILL to be entitled an Act to amend Code Section 20-1A-10 of the Official Code of Georgia Annotated, relating to licensing, commission, and registration of early care and education programs, so as to provide for a fivestar rating system of early care and education programs; to provide for certification of excellence of early care and education programs in specific areas of service; to provide for rules and regulations; to provide for notation of any certification on the program's license, registration, or commission; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HR 1695. By Representatives Drenner of the 86th, Henson of the 87th, Gardner of the 57th, Watson of the 91st, Benfield of the 85th and others: A RESOLUTION commending DeKalb County, its commissioners, and citizens for adopting and implementing a 75 foot stream buffer protection as part of the environmental protection section of DeKalb County's Land Development Ordinance; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 1696. By Representatives Chambers of the 81st and Jacobs of the 80th: A RESOLUTION expressing support for the process of the City of Chamblee's proposal for annexation of neighboring communities; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. THURSDAY, MARCH 9, 2006 2859 HR 1697. By Representatives Chambers of the 81st and Jacobs of the 80th: A RESOLUTION expressing support for the process of the City of Doraville's proposal for annexation of neighboring communities; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 1698. By Representatives Ashe of the 56th, Thomas of the 55th, Jones of the 44th, Willard of the 49th, Orrock of the 58th and others: A RESOLUTION urging the Georgia Municipal Association to assess the need for state legislation to assist municipalities in code enforcement against absentee landowners and landlords; and for other purposes. Referred to the Committee on Governmental Affairs. HR 1700. By Representatives Stephens of the 164th, Davis of the 109th, Hill of the 180th and Keen of the 179th: A RESOLUTION creating the House Study Committee on Cruise Ship Terminals; and for other purposes. Referred to the Committee on Economic Development & Tourism. HR 1732. By Representative Manning of the 32nd: A RESOLUTION creating the House Asthma Strategic Planning Study Committee; and for other purposes. Referred to the Committee on Health & Human Services. By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees: HB 1605. By Representative Dean of the 59th: A BILL to be entitled an Act to amend Chapter 3 of Title 3 of the O.C.G.A., relating to regulation of alcoholic beverages in general, so as to eliminate current provisions relating to local government authorization of certain sales of alcoholic beverages on Sunday; to provide that in any county or municipality in which the sale of alcoholic beverages is lawful for consumption on the premises, the governing authority of the county or 2860 JOURNAL OF THE HOUSE municipality may by ordinance or resolution authorize the sale of alcoholic beverages for consumption on the premises in any licensed establishment during certain hours on Sunday; to provide specific authority with respect to sales on Sunday in special entertainment districts; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1606. By Representative Dean of the 59th: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to set a minimum amount for the personal needs allowance for Medicaid beneficiaries of nursing homes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1556 HB 1557 HB 1558 HB 1559 HB 1560 HB 1561 HB 1562 HB 1568 HB 1569 HB 1570 HB 1571 HB 1572 HB 1573 HB 1574 HB 1575 HB 1576 HB 1577 HB 1578 HB 1579 HB 1580 HB 1581 HB 1582 HR 1667 HR 1692 SB 278 SB 299 SB 362 SB 387 SB 500 SB 531 SB 533 SB 534 SB 542 SB 552 SB 553 SB 556 SB 563 SB 569 SB 581 SB 608 SB 609 SB 616 SR 433 SR 434 THURSDAY, MARCH 9, 2006 2861 HB 1590 HR 1666 SR 848 SR 849 Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1104 Do Pass, by Substitute HB 1556 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1256 Do Pass, by Substitute Respectfully submitted, /s/ Ralston of the 7th Chairman Representative Williams of the 4th District, Chairman of the Committee on Regulated Industries, submitted the following report: Mr. Speaker: Your Committee on Regulated Industries has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: 2862 JOURNAL OF THE HOUSE HB 910 Do Pass, by Substitute HB 938 Do Pass, by Substitute HB 1367 Do Pass HB 1391 Do Pass HB 1542 Do Pass Respectfully submitted, /s/ Williams of the 4th Chairman Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1341 HB 1519 HB 1521 HB 1522 HB 1523 HB 1524 HB 1525 HB 1526 HB 1527 HB 1529 HB 1530 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 1531 HB 1532 HB 1533 HB 1534 HB 1544 HB 1545 HB 1554 HB 1555 HB 1566 SB 584 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass, by Substitute 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1661 Do Pass, by Substitute THURSDAY, MARCH 9, 2006 2863 Respectfully submitted, /s/ Smith of the 129th Chairman Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HB 230 HB 1254 HB 1281 HB 1323 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute HB 1416 Do Pass, by Substitute HR 1339 Do Pass, by Substitute HR 1634 Do Pass Respectfully submitted, /s/ O'Neal of the 146th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, MARCH 9, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 29th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 695 HB 1090 Disabled Assistants Act; authorize permits for certain wild animals Public works; exercise of power to contract by Department of Transportation; amend Modified Open Rule HB 1320 Environmental offenses; littering; revise provisions 2864 JOURNAL OF THE HOUSE Modified Structured Rule HB 1178 Prescription drugs; unused; medically indigent persons; establish program Structured Rule HB 239 HB 841 HB 893 HB 1006 HB 1030 HB 1301 HR 773 Civil practice; settlement offers; litigation costs Sales tax exemption; qualified job training organizations Sales tax; educational purposes; amend certain provisions Prestige license plates; Breast Cancer; distribution of renewal fees Excise tax; furnishing of public accommodations; change provisions Sales and use tax exemption; certain food and groceries; food bank; provide Sales tax for educational purposes; authorization under certain conditions CA 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 1341. By Representatives Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to amend an Act to provide for an additional $10,000.00 homestead exemption from certain City of Alpharetta ad valorem taxes for municipal purposes, approved April 23, 1999 (Ga. L. 1999, p. 4836), as amended, so as to increase the exemption amount; to provide for a referendum, effective dates, and 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 1519. By Representative Porter of the 143rd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Dudley, Georgia, in the County of Laurens, approved February 18, 1977 (Ga. L. 1977, p. 2657), as amended, so as to annex certain territory into THURSDAY, MARCH 9, 2006 2865 the City of Dudley and thereby change the corporate limits of such city; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1521. By Representative Porter of the 143rd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. L. 1979, p. 3568), as amended, particularly by an Act approved March 26, 1987 (Ga. L. 1987, p. 4810), an Act approved March 20, 1990 (Ga. L. 1990, p. 4073), and an Act approved October 1, 2001 (Ga. L. Ex. Sess. 2001, p. 665), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1522. By Representative Porter of the 143rd: A BILL to be entitled an Act to amend an Act providing a charter for the City of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3769), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1523. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or over or disabled; 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. 2866 JOURNAL OF THE HOUSE HB 1524. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 62 years of age or over and whose income, excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1525. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1526. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide an additional homestead exemption from Stephens County ad valorem taxes for county purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or over or disabled; 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. THURSDAY, MARCH 9, 2006 2867 HB 1527. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Banks County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of the homestead for residents of that county who are 62 years of age or over and whose income, excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1529. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide an additional homestead exemption from Stephens County school district ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or over or disabled; 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 1530. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Stephens County ad valorem taxes for county purposes for residents of that county who are disabled veterans or their unremarried surviving spouses, if deceased, on a current or subsequent 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 1531. By Representative Jamieson of the 28th: 2868 JOURNAL OF THE HOUSE A BILL to be entitled an Act to provide a homestead exemption from Stephens County school district ad valorem taxes for educational purposes for residents of that school district who are unremarried surviving spouses of United States service members killed in action to be received on a current or subsequent 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 1532. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Stephens County ad valorem taxes for county purposes for residents of that county who are unremarried surviving spouses of United States service members killed in action to be received on a current or subsequent 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 1533. By Representative Jamieson of the 28th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Stephens County, approved March 22, 1937 (Ga. L.1937, p. 1415), as amended, so as to reconstitute the board of commissioners as a five-member board; to provide for definitions and inclusions; to provide for continuation in office of certain current board 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 for a referendum; to provide for automatic repeal under certain circumstances; 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. THURSDAY, MARCH 9, 2006 2869 HB 1534. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Stephens County school district ad valorem taxes for educational purposes for residents of that school district for disabled veterans or their unremarried surviving spouses, if deceased, on a current or subsequent 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 1544. By Representatives Mumford of the 95th, Stephenson of the 92nd and Mangham of the 94th: A BILL to be entitled an Act to provide that the chief magistrate and other magistrates of the Magistrate Court of Rockdale County meet certain qualifications to hold office; to provide that such chief magistrate and other magistrates must have actively practiced law for at least three years in this state immediately before taking office; 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 1545. By Representatives Beasley-Teague of the 65th and Fludd of the 66th: A BILL to be entitled an Act to authorize the City of Union City to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1554. By Representative Jenkins of the 8th: A BILL to be entitled an Act to amend an Act reincorporating the City of Clayton, approved August 17, 1909 (Ga. L. 1909, p. 600), as amended, so as 2870 JOURNAL OF THE HOUSE 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 1555. By Representatives Davis of the 109th, Mosby of the 90th and Barnes of the 78th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Stockbridge," approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to provide for council districts; to provide for the election of the mayor and councilmembers; to provide for residency; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act entitled "An Act to provide a new charter for the City of Stockbridge," approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to provide for council districts; to provide for the election of the mayor and councilmembers; to provide for residency; 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 entitled "An Act to provide a new charter for the City of Stockbridge," approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, is amended by striking in its entirety Section 2.11 and inserting in lieu thereof the following: "SECTION 2.11. (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 said city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. (c) For purposes of electing members of the commission of the City of Stockbridge, the City of Stockbridge is divided into five council districts. One member of the board THURSDAY, MARCH 9, 2006 2871 shall be elected from each such district. The mayor shall be elected from the city at large. The five council 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: stockccfinal Plan Type: Local User: Gina Administrator: H109. (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 the City of Stockbridge which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of Stockbridge 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 council 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. (e) All persons serving on the council on January 1, 2006, or persons elected or appointed to serve in the event of vacancies shall complete the terms for which they were elected or appointed. Each person giving notice of candidacy for a city council seat shall designate the district for which such candidate is offering. Councilmembers from Districts 1, 2, and 3 shall be elected in 2007 for terms of four years and until their respective successors are elected and qualified. The mayor and councilmembers from Districts 4 and 5 shall be elected in 2009 for terms of four years and until their respective successors are elected and qualified. Thereafter, the mayor and each councilmember shall be elected quadrenially in the year in which the term of the office expires. (f) In order to be elected or appointed as a member of the board from a council district, a person must have had that person's legal residence in that district at the time of qualifying for election or at the time of appointment for at least 12 months and, if elected, 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 council district may 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 council district, each candidate for such office shall specify the council district for which that person is a candidate. A person elected or appointed as a member of the board from a council district must continue to reside in that district during that person's term of office or that office shall become vacant." 2872 JOURNAL OF THE HOUSE SECTION 2. The commission of the City of Stockbridge 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 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. HB 1566. By Representatives Hill of the 21st, Murphy of the 23rd and Byrd of the 20th: A BILL to be entitled an Act to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, approved February 8, 1950 (Ga. L. 1949-50, p. 102), as amended, particularly by an Act approved December 28, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 330), an Act approved March 2, 1966 (Ga. L. 1966, p. 119), an Act approved March 22, 1989 (Ga. L. 1989, p. 4192), an Act approved April 10, 1998 (Ga. L. 1998, p. 4447), so as to increase the amount of compensation paid to such judges by the county comprising the Blue Ridge Judicial Circuit; to provide for annual increases in the discretion of the governing authority; to authorize participation by such judges in county retirement, deferred compensation, or similar plans; 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 584. By Senators Jones of the 10th, Douglas of the 17th and Starr of the 44th: A BILL to be entitled an Act to amend an Act creating a State Court of Henry County, approved March 27, 1998 (Ga. L. 1998, p. 3954), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4662), so as to provide an additional judge for the State Court of Henry County; to provide for the appointment of the initial additional judge; to provide for the election of successors; to provide for terms of office of said additional judge and successors to such judge; to provide for the compensation and expenses of said additional judge; to provide for related matters; to repeal conflicting laws; and for other purposes THURSDAY, MARCH 9, 2006 2873 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Barnard Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Black Y Bordeaux Y Borders Y Bridges Y Brooks Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd 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 Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Heard, K Y Heckstall Hembree Henson Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Jordan Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Lord Loudermilk Y Lucas N Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills 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 Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Rogers Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Sheldon Y Sims, C Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens 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 Wix Y Yates Richardson, Speaker On the passage of the Bills, the ayes were 141, nays 1. The Bills, having received the requisite constitutional majority, were passed. 2874 JOURNAL OF THE HOUSE The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 64. By Senator Douglas of the 17th: A BILL to be entitled an Act to amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to repeal the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 349. By Senators Thomas of the 54th, Thomas of the 2nd, Butler of the 55th, Seay of the 34th and Moody of the 56th: 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. SB 380. By Senators Kemp of the 46th, Hudgens of the 47th, Bulloch of the 11th, Tolleson of the 20th, Cagle of the 49th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 2 of the O.C.G.A, relating to agricultural commodity commissions generally, so as to make certain provisions for an agricultural commodity commission for equines; to change certain provisions relating to definitions relative to said article; to change certain provisions relating to composition, appointments, terms of office, and compensation of commodity commission members, certification of membership to the Secretary of State, advisory boards, special committees, personnel, legal representation, eligibility of federation or organization members, acceptance of donations, voting, and termination; to change certain provisions relating to authorization for issuance of marketing orders, notice, public hearing, record, reports from handlers, compilation of THURSDAY, MARCH 9, 2006 2875 lists of producers and handlers, and use of information in reports; to repeal conflicting laws; and for other purposes. SB 505. By Senators Balfour of the 9th, Unterman of the 45th and Shafer of the 48th: A BILL to be entitled an Act to amend Code Section 7-1-1001 of the Official Code of Georgia Annotated, relating to exemptions for certain persons from the requirement of obtaining a mortgage broker or mortgage lender license, so as to exempt certain exclusive agents of licensed mortgage brokers or lenders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 506. By Senators Balfour of the 9th, Shafer of the 48th and Unterman of the 45th: A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and HOPE grants, so as to provide for a set amount for mandatory fees for HOPE scholarships and HOPE grants for eligible public postsecondary institutions created after January 1, 2004; to repeal conflicting laws; and for other purposes. SB 510. By Senators Pearson of the 51st, Balfour of the 9th, Seabaugh of the 28th, Wiles of the 37th and Rogers of the 21st: A BILL to be entitled an Act to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to change certain provisions relating to minimum standards and procedures for protection of river corridors; to change certain provisions regarding minimum standards and procedures regarding river corridors; to provide for limitations with respect to certain stream buffers; to change certain provisions relating to uses to which provisions of certain river protection statutes are inapplicable; to change certain provisions relating to local regulation of land in drainage basins, enforcement where local regulation inadequate, and failure of governing authority to meet requirements; to change certain provisions relating to best management practices regarding land-disturbing activities; to repeal conflicting laws; and for other purposes. SB 523. By Senators Grant of the 25th, Seabaugh of the 28th, Douglas of the 17th, Schaefer of the 50th, Harp of the 29th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special 2876 JOURNAL OF THE HOUSE license plate honoring the family members of service members who have been killed in action; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 529. By Senators Rogers of the 21st, Hamrick of the 30th, Douglas of the 17th, Schaefer of the 50th, Seabaugh of the 28th and others: A BILL to be entitled an Act to amend Title 13 of the O.C.G.A., relating to contracts, Title 16 of the O.C.G.A., relating to crimes and offenses, Title 34 of the O.C.G.A., relating to labor, Title 35 of the O.C.G.A., relating to law enforcement, and Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for procedures and requirements applicable to certain contracts or subcontracts; to prohibit certain retaliation; to provide for enforcement, penalties, and exceptions; to provide for offenses regarding involuntary servitude, trafficking of persons for forced labor or services, and sexual servitude of a minor; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. SB 538. By Senator Douglas of the 17th: 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 and special license plates for certain persons and vehicles, so as to provide for special license plates supporting the Global War on Terrorism and Iraqi freedom; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 539. By Senator Douglas of the 17th: 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 and special license plates for certain persons and vehicles, so as to provide for special license plates supporting the Global War on Terrorism and Operation Enduring Freedom; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 9, 2006 2877 SB 561. By Senators Harp of the 29th, Staton of the 18th, Adelman of the 42nd, Henson of the 41st and Wiles of the 37th: A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide for certain definitions; to correct a scrivener's error; to provide for students in professional level programs; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 562. By Senators Weber of the 40th and Williams of the 19th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Higher Education Facilities Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide a short title; to define terms; to provide for the members of the authority and their appointment, service, and compensation; to provide for the powers, duties, and operations of the authority; to provide for tax-exempt status of the authority; to provide for other related matters; to repeal conflicting laws; and for other purposes. SB 593. By Senator Douglas of the 17th: A BILL to be entitled an Act to provide for an advisory referendum election to be held in certain districts of Henry County for the purpose of ascertaining whether the voters of such districts desire the governing authority of Henry County to adopt by policy or ordinance measures to oppose or prevent the expansion of a certain airport in Henry County and whether the governing authority shall take whatever action is legally available to request or prevent the expansion of such airport in any other county; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 626. By Senator Schaefer of the 50th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from all Habersham County ad valorem taxes, including taxes for educational purposes, in the amount of $10,000.00 of the assessed value of the homestead for residents of that county school district who are 65 years of age or over, which Act is the former local constitutional amendment, Resolution Act No. 162, House Resolution No. 662-1850 (Ga. L. 1978, p. 2444), which was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution, so as to provide for a definition of the term 2878 JOURNAL OF THE HOUSE "homestead" for purposes of the exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. SB 627. By Senator Schaefer of the 50th: A BILL to be entitled an Act to amend an Act creating the Habersham County Water and Sewerage Authority, approved April 6, 1981 (Ga. L. 1981, p. 3327), as amended, so as to continue in existence and reconstitute the authority; to provide for legislative findings; to provide for the termination of the terms of members of the authority appointed under previous law; to provide for the appointment of members and their qualifications, terms, chairperson, quorum, meetings, vacancies, and compensation; to provide for perpetual existence of the authority; to provide for ratification of outstanding revenue bond debt; to revise the powers of the authority; to provide that the authority shall exercise its powers with the consent of the Board of Commissioners of Habersham County; to expressly authorize lease of the assets of the authority, transfer of the authority's employees, and the provision of advice and recommendations to the Board of Commissioners of Habersham County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 628. By Senator Schaefer of the 50th: A BILL to be entitled an Act to provide a homestead exemption from Habersham County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are disabled or are 65 years of age or over and whose income, excluding certain retirement income, does not exceed $12,000.00; 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. SB 629. By Senator Schaefer of the 50th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain Habersham County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead approved May 16, 2002 (Ga. L. 2002, p. 5864), so as to change the definition of homestead for purposes of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 9, 2006 2879 SB 630. By Senator Pearson of the 51st: A BILL to be entitled an Act to amend an Act providing a new charter for the Town of Talking Rock, approved April 21, 1997 (Ga. L. 1997, p. 4222), so as to change provisions relating to the time of municipal elections and the terms of the mayor and council; to exercise authority granted under general law so as to make the charter provisions on this subject consistent with general law; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 633. By Senator Schaefer of the 50th: A BILL to be entitled an Act to amend an Act establishing a new charter for the Town of Tallulah Falls, approved February 6, 1984 (Ga. L. 1984, p. 3547), as amended, so as to change certain provisions relating to quorum, voting, and special meetings of the town council; to provide for related matters; to repeal conflicting laws; and for the other purposes. HB 532. By Representative Black of the 174th: A BILL to be entitled an Act to provide that future elections for the office of probate judge of Brooks County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 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. HB 1198. By Representative Lane of the 167th: A BILL to be entitled an Act to provide a homestead exemption from McIntosh County school district ad valorem taxes for educational purposes in the full amount of the assessed value of the homestead for residents of that school district who are 65 years of age or over and whose annual 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 a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. 2880 JOURNAL OF THE HOUSE HB 1297. By Representatives Tumlin of the 38th, Teilhet of the 40th, Parsons of the 42nd, Manning of the 32nd, Johnson of the 37th and others: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, 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. HB 1432. By Representatives Scheid of the 22nd, Hill of the 21st, Byrd of the 20th and Murphy of the 23rd: A BILL to be entitled an Act to amend an Act to re-create and reincorporate the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, so as to provide that it shall require the affirmative votes of five councilmembers to approve the exercise of the power of eminent domain in the city limits; to provide for a quorum; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1449. 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 change certain provisions regarding the compensation of the members of such board; to provide for the specific repeal of an amendatory Act thereto, an Act approved May 6, 2005 (Ga. L. 2005, p. 3969); to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1450. By Representative Bridges of the 10th: A BILL to be entitled an Act to provide for a homestead exemption from City of Demorest ad valorem taxes for municipal purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that city 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 Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 1025. By Senator Kemp of the 46th: THURSDAY, MARCH 9, 2006 2881 A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for dedication of certain revenue derived from fees from the sale of specially designed license plates to a state department or commission for purposes of supporting and promoting the equine industry in this state and further provide that such funds shall not lapse; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 1298. By Representative Hanner of the 148th: A BILL to be entitled an Act to create and establish the Preston-WestonWebster 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 Preston, the City of Weston, and the County of Webster; 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 Senate has adopted the report of the Committee of Conference on the following bill of the House: HB 1026. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006, known as the "General Appropriations Act," approved May 10, 2005 (Ga. L. 2005, p. 1319). By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees: SB 64. By Senator Douglas of the 17th: 2882 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to repeal the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 349. By Senators Thomas of the 54th, Thomas of the 2nd, Butler of the 55th, Seay of the 34th and Moody of the 56th: 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. SB 380. By Senators Kemp of the 46th, Hudgens of the 47th, Bulloch of the 11th, Tolleson of the 20th, Cagle of the 49th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 2 of the O.C.G.A, relating to agricultural commodity commissions generally, so as to make certain provisions for an agricultural commodity commission for equines; to change certain provisions relating to definitions relative to said article; to change certain provisions relating to composition, appointments, terms of office, and compensation of commodity commission members, certification of membership to the Secretary of State, advisory boards, special committees, personnel, legal representation, eligibility of federation or organization members, acceptance of donations, voting, and termination; to change certain provisions relating to authorization for issuance of marketing orders, notice, public hearing, record, reports from handlers, compilation of lists of producers and handlers, and use of information in reports; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. SB 505. By Senators Balfour of the 9th, Unterman of the 45th and Shafer of the 48th: THURSDAY, MARCH 9, 2006 2883 A BILL to be entitled an Act to amend Code Section 7-1-1001 of the Official Code of Georgia Annotated, relating to exemptions for certain persons from the requirement of obtaining a mortgage broker or mortgage lender license, so as to exempt certain exclusive agents of licensed mortgage brokers or lenders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. SB 506. By Senators Balfour of the 9th, Shafer of the 48th and Unterman of the 45th: A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and HOPE grants, so as to provide for a set amount for mandatory fees for HOPE scholarships and HOPE grants for eligible public postsecondary institutions created after January 1, 2004; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. SB 510. By Senators Pearson of the 51st, Balfour of the 9th, Seabaugh of the 28th, Wiles of the 37th and Rogers of the 21st: A BILL to be entitled an Act to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to change certain provisions relating to minimum standards and procedures for protection of river corridors; to change certain provisions regarding minimum standards and procedures regarding river corridors; to provide for limitations with respect to certain stream buffers; to change certain provisions relating to uses to which provisions of certain river protection statutes are inapplicable; to change certain provisions relating to local regulation of land in drainage basins, enforcement where local regulation inadequate, and failure of governing authority to meet requirements; to change certain provisions relating to best management practices regarding land-disturbing activities; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. SB 523. By Senators Grant of the 25th, Seabaugh of the 28th, Douglas of the 17th, Schaefer of the 50th, Harp of the 29th 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 2884 JOURNAL OF THE HOUSE and special plates for certain persons and vehicles, so as to provide for a special license plate honoring the family members of service members who have been killed in action; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. SB 529. By Senators Rogers of the 21st, Hamrick of the 30th, Douglas of the 17th, Schaefer of the 50th, Seabaugh of the 28th and others: A BILL to be entitled an Act to amend Title 13 of the O.C.G.A., relating to contracts, Title 16 of the O.C.G.A., relating to crimes and offenses, Title 34 of the O.C.G.A., relating to labor, Title 35 of the O.C.G.A., relating to law enforcement, and Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for procedures and requirements applicable to certain contracts or subcontracts; to prohibit certain retaliation; to provide for enforcement, penalties, and exceptions; to provide for offenses regarding involuntary servitude, trafficking of persons for forced labor or services, and sexual servitude of a minor; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 538. By Senator Douglas of the 17th: 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 and special license plates for certain persons and vehicles, so as to provide for special license plates supporting the Global War on Terrorism and Iraqi freedom; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. SB 539. By Senator Douglas of the 17th: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of THURSDAY, MARCH 9, 2006 2885 the Official Code of Georgia Annotated, relating to prestige and special license plates for certain persons and vehicles, so as to provide for special license plates supporting the Global War on Terrorism and Operation Enduring Freedom; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. SB 561. By Senators Harp of the 29th, Staton of the 18th, Adelman of the 42nd, Henson of the 41st and Wiles of the 37th: A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide for certain definitions; to correct a scrivener's error; to provide for students in professional level programs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. SB 562. By Senators Weber of the 40th and Williams of the 19th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Higher Education Facilities Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide a short title; to define terms; to provide for the members of the authority and their appointment, service, and compensation; to provide for the powers, duties, and operations of the authority; to provide for tax-exempt status of the authority; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. SB 593. By Senator Douglas of the 17th: A BILL to be entitled an Act to provide for an advisory referendum election to be held in certain districts of Henry County for the purpose of ascertaining whether the voters of such districts desire the governing authority of Henry County to adopt by policy or ordinance measures to oppose or prevent the expansion of a certain airport in Henry County and whether the governing authority shall take whatever action is legally available to request or prevent the expansion of such airport in any other county; to provide for related 2886 JOURNAL OF THE HOUSE matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 626. By Senator Schaefer of the 50th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from all Habersham County ad valorem taxes, including taxes for educational purposes, in the amount of $10,000.00 of the assessed value of the homestead for residents of that county school district who are 65 years of age or over, which Act is the former local constitutional amendment, Resolution Act No. 162, House Resolution No. 662-1850 (Ga. L. 1978, p. 2444), which was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution, so as to provide for a definition of the term "homestead" for purposes of the exemption; 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 627. By Senator Schaefer of the 50th: A BILL to be entitled an Act to amend an Act creating the Habersham County Water and Sewerage Authority, approved April 6, 1981 (Ga. L. 1981, p. 3327), as amended, so as to continue in existence and reconstitute the authority; to provide for legislative findings; to provide for the termination of the terms of members of the authority appointed under previous law; to provide for the appointment of members and their qualifications, terms, chairperson, quorum, meetings, vacancies, and compensation; to provide for perpetual existence of the authority; to provide for ratification of outstanding revenue bond debt; to revise the powers of the authority; to provide that the authority shall exercise its powers with the consent of the Board of Commissioners of Habersham County; to expressly authorize lease of the assets of the authority, transfer of the authority's employees, and the provision of advice and recommendations to the Board of Commissioners of Habersham County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 628. By Senator Schaefer of the 50th: THURSDAY, MARCH 9, 2006 2887 A BILL to be entitled an Act to provide a homestead exemption from Habersham County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are disabled or are 65 years of age or over and whose income, excluding certain retirement income, does not exceed $12,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 629. By Senator Schaefer of the 50th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain Habersham County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead approved May 16, 2002 (Ga. L. 2002, p. 5864), so as to change the definition of homestead for purposes of such exemption; 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 630. By Senator Pearson of the 51st: A BILL to be entitled an Act to amend an Act providing a new charter for the Town of Talking Rock, approved April 21, 1997 (Ga. L. 1997, p. 4222), so as to change provisions relating to the time of municipal elections and the terms of the mayor and council; to exercise authority granted under general law so as to make the charter provisions on this subject consistent with general law; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 633. By Senator Schaefer of the 50th: A BILL to be entitled an Act to amend an Act establishing a new charter for the Town of Tallulah Falls, approved February 6, 1984 (Ga. L. 1984, p. 3547), as amended, so as to change certain provisions relating to quorum, 2888 JOURNAL OF THE HOUSE voting, and special meetings of the town council; to provide for related matters; to repeal conflicting laws; and for the other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SR 1025. By Senator Kemp of the 46th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for dedication of certain revenue derived from fees from the sale of specially designed license plates to a state department or commission for purposes of supporting and promoting the equine industry in this state and further provide that such funds shall not lapse; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Motor Vehicles. The following members were recognized during the period of Morning Orders and addressed the House: Jamieson of the 28th, Bordeaux of the 162nd, Coleman of the 97th, Buckner of the 76th, and Jackson of the 161st. The following Resolution of the House was read and referred to the Committee on Rules: HR 1733. By Representatives Kidd of the 115th, Heard of the 114th, Coleman of the 97th, Stanley-Turner of the 53rd and Smyre of the 132nd: A RESOLUTION recognizing and commending Dr. Louise McBee and inviting her 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 1155 Do Pass HR 1156 Do Pass The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: THURSDAY, MARCH 9, 2006 2889 HR 1155. By Representatives Butler of the 18th and Maxwell of the 17th: A RESOLUTION commending the cast and crew of the Bremen High School one-act competition play, "Mark Twain in the Garden of Eden," for being named Class A State Champions and inviting them to appear before the House of Representatives; and for other purposes. HR 1156. By Representatives Butler of the 18th and Maxwell of the 17th: A RESOLUTION commending the Bremen High School Competitive Cheerleading Squad for winning the 2005-2006 State Championship and inviting the team to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1735. By Representative Jenkins of the 8th: A RESOLUTION congratulating Ira T. "I.T." Harkins on the occasion of his 87th birthday; commending the Harkins family; and for other purposes. HR 1736. By Representative Burkhalter of the 50th: A RESOLUTION honoring Mr. William C. Archer on the occasion of his retirement; and for other purposes. HR 1737. By Representative Sims of the 169th: A RESOLUTION commending Bradley M. Wooten on becoming an Eagle Scout; and for other purposes. HR 1738. By Representative Hembree of the 67th: A RESOLUTION commending Kathryn Bayman Cargile as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1739. By Representative Hembree of the 67th: A RESOLUTION commending Robbie Parks as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. 2890 JOURNAL OF THE HOUSE HR 1740. By Representative Hembree of the 67th: A RESOLUTION commending Laura Lynn Mayhew as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1741. By Representative Hembree of the 67th: A RESOLUTION commending Joy Elizabeth Salter as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1742. By Representative Loudermilk of the 14th: A RESOLUTION commending Colonel Don Greene for his service to Georgia as Commander of the Georgia Wing of the Civil Air Patrol; and for other purposes. HR 1743. By Representative Hembree of the 67th: A RESOLUTION commending Barbara Smoot as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1744. By Representative Hembree of the 67th: A RESOLUTION commending Darin M. Lane as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1745. By Representative Hembree of the 67th: A RESOLUTION commending Emily R. McGill as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1746. By Representative Hembree of the 67th: A RESOLUTION commending Olanrewaju Y. Jimoh as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1747. By Representative Hembree of the 67th: A RESOLUTION commending Jeffery Z. Murdock as a University System THURSDAY, MARCH 9, 2006 2891 of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1748. By Representative Hembree of the 67th: A RESOLUTION commending Ava Katherine Ward as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1749. By Representative Hembree of the 67th: A RESOLUTION commending Melissa Cabinian as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1750. By Representative Gardner of the 57th: A RESOLUTION commending the American Red Cross and proclaiming March, 2006, American Red Cross Month in Georgia; and for other purposes. HR 1751. By Representative Hembree of the 67th: A RESOLUTION commending Leigha A. Frady as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1752. By Representative Hembree of the 67th: A RESOLUTION commending Joseph Daniel Rose as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1753. By Representative Hembree of the 67th: A RESOLUTION commending Seleha Hina Mehmood as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1754. By Representative Hembree of the 67th: A RESOLUTION commending Brandon Luders as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1755. By Representative Hembree of the 67th: 2892 JOURNAL OF THE HOUSE A RESOLUTION commending Drew Davenport as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1756. By Representative Hembree of the 67th: A RESOLUTION commending Quentin A. Heyward as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1757. By Representative Hembree of the 67th: A RESOLUTION commending Elizabeth J. Broman as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes. HR 1758. By Representative Bryant of the 160th: A RESOLUTION saluting the business, civic, and community success of Joseph Addison, President of Joe Addison Motors of Savannah, Georgia; and for other purposes. HR 1759. By Representatives Fludd of the 66th, Mosby of the 90th, Bruce of the 64th and Thomas of the 100th: A RESOLUTION saluting the microenterprise industry and the Georgia Micro Enterprise Network and welcoming the Association for Enterprise Opportunity 2006 annual conference to Atlanta; and for other purposes. HR 1760. By Representatives Greene of the 149th, Smith of the 13th, Shaw of the 176th, Richardson of the 19th, Wix of the 33rd and others: A RESOLUTION commending Ms. Gail Kaley-Kumpf on the occasion of her retirement; and for other purposes. HR 1761. By Representative Keown of the 173rd: A RESOLUTION commending Joe Hall on his public service and congratulating him on the occasion of his retirement; and for other purposes. HR 1762. By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st: A RESOLUTION commending Catoosa County's Lakeview-Fort Oglethorpe High School for winning the Professional Association of Georgia Educators' Georgia Academic Decathlon Division II State Championship; and for other purposes. THURSDAY, MARCH 9, 2006 2893 HR 1763. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION commending and recognizing Mrs. Rachael Parr as the 2006 Georgia Science Teacher Association (GSTA) Science Teacher of the Year; and for other purposes. HR 1764. By Representatives Sims of the 151st and Dukes of the 150th: A RESOLUTION commending Ms. Pauline M. Stadnik on being selected as the Dougherty County STAR teacher; and for other purposes. HR 1765. By Representatives Casas of the 103rd, Thomas of the 100th and Cox of the 102nd: A RESOLUTION commending the Berkmar High School Academic Decathlon for winning the Georgia state academic decathlon championship; and for other purposes. HR 1766. By Representatives Sims of the 151st and Dukes of the 150th: A RESOLUTION commending Tamesha Shante Derico on her selection as the STAR student for Dougherty County; and for other purposes. HR 1767. By Representatives Drenner of the 86th, Cooper of the 41st, Channell of the 116th, Rynders of the 152nd, Mosby of the 90th and others: A RESOLUTION commending the Together Rx Access Card program and its participating pharmaceutical companies; and for other purposes. HR 1768. By Representatives Marin of the 96th and Chambers of the 81st: A RESOLUTION commending the St. Pius X Catholic High School forensic team; and for other purposes. HR 1769. By Representatives Mangham of the 94th and Brooks of the 63rd: A RESOLUTION commending and recognizing Laura Elizabeth de Give on earning the Girl Scouts of America Gold Award; and for other purposes. HR 1770. By Representatives Davis of the 109th, Lunsford of the 110th, Yates of the 73rd, Mosby of the 90th and Barnes of the 78th: A RESOLUTION commending Youth Leadership Henry for its outstanding contributions to the community; and for other purposes. 2894 JOURNAL OF THE HOUSE HR 1771. By Representatives Wix of the 33rd, Teilhet of the 40th, Morgan of the 39th and Johnson of the 37th: A RESOLUTION recognizing and commending the efforts and contributions of the Sweetwater Valley Community Action Mission Program (CAMP) in south Cobb County; and for other purposes. HR 1772. By Representatives Floyd of the 99th, Drenner of the 86th, Thomas of the 100th, Orrock of the 58th and Marin of the 96th: A RESOLUTION remembering and honoring the life of Mr. Adam Michael Stevens; and for other purposes. HR 1773. By Representatives Jackson of the 161st and Mangham of the 94th: A RESOLUTION recognizing and commending Mr. Michael O'Neal for his contributions to Parent University; and for other purposes. HR 1774. By Representatives Williams of the 89th, Watson of the 91st, Mitchell of the 88th and Mosby of the 90th: A RESOLUTION recognizing the Atlanta chapter of the Africa Travel Association (ATA); and for other purposes. HR 1775. By Representative Jenkins of the 8th: A RESOLUTION recognizing and commending James Childers; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 239. By Representatives Fleming of the 117th, Keen of the 179th, Burkhalter of the 50th, Parrish of the 156th, Cooper of the 41st and others: A BILL to be entitled an Act to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for the manner of making certain settlement offers in certain civil actions; to provide that a party rejecting a settlement offer may be liable for litigation costs where a judgment is significantly less favorable to the rejecting party than was the settlement offer; to provide for practice and procedure; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 9, 2006 2895 The following Committee substitute was read and adopted: A BILL To amend Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings in civil cases, so as to change provisions relating to offers to settle tort claims; to change provisions relating to when a party declining an offer may be liable for attorney's fees and costs; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings in civil cases, is amended by striking Code Section 9-11-68, relating to offers to settle tort claims, and inserting in its place a new Code section to read as follows: "9-11-68. (a) At any time more than 30 days after the service of a summons and complaint on a party but not less than 30 days (or 20 days if it is a counteroffer) before trial, either party may serve upon the other party, but shall not file with the court, a written offer, denominated as an offer under this Code section, to settle a tort claim for the money specified in the offer and to enter into an agreement dismissing the claim or to allow judgment to be entered accordingly. Any offer under this Code section must: (1) Be in writing and state that it is being made pursuant to this Code section; (2) Identify the party or parties making the proposal and the party or parties to whom the proposal is being made; (3) Identify generally the claim or claims the proposal is attempting to resolve; (4) State with particularity any relevant conditions; (5) State the total amount of the proposal; (6) State with particularity the amount proposed to settle a claim for punitive damages, if any; (7) State whether the proposal includes attorney's fees or other expenses and whether attorney's fees or other expenses are part of the legal claim; and (8) Include a certificate of service and be served by certified mail or statutory overnight delivery in the form required by Code Section 9-11-5. (b) When the complaint sets forth a tort claim for money, if the offeree rejects or does not accept the offer and the judgment finally obtained by the offeree was not at least 25 percent more favorable than the last offer, the offeree shall pay the offeror's reasonable attorney's fees and costs incurred after the rejection of the last offer. (b)(1) If a defendant makes an offer of settlement which is rejected by the plaintiff, the defendant shall be entitled to recover reasonable attorney's fees and expenses of 2896 JOURNAL OF THE HOUSE litigation incurred by the defendant or on the defendant's behalf from the date of the rejection of the offer of settlement through the entry of judgment if the final judgment is one of no liability or the final judgment obtained by the plaintiff is less than 75 percent of such offer of settlement. (2) If a plaintiff makes an offer of settlement which is rejected by the defendant and the plaintiff recovers a final judgment in an amount greater than 125 percent of such offer of settlement, the plaintiff shall be entitled to recover reasonable attorney's fees and expenses of litigation incurred by the plaintiff or on the plaintiff's behalf from the date of the rejection of the offer of settlement through the entry of judgment. (c) Any offer made under this Code section shall remain open for 30 days unless sooner withdrawn by a writing served on the offeree prior to acceptance by the offeree, but an offeror shall not be entitled to attorney's fees and costs under subsection (b) of this Code section to the extent an offer is not open for at least 30 days (unless it is rejected during that 30 day period). A counteroffer shall be deemed a rejection but may serve as an offer under this Code section if it is specifically denominated as an offer under this Code section. Acceptance or rejection of the offer by the offeree must be in writing and served upon the offeror. An offer that is neither withdrawn nor accepted within 30 days shall be deemed rejected. The fact that an offer is made but not accepted does not preclude a subsequent offer. Evidence of an offer is not admissible except in proceedings to enforce a settlement or to determine reasonable attorney's fees and costs under this Code section. (d) Upon motion made within 30 days of the entry of the judgment or after voluntary or involuntary dismissal, the court shall determine the following: (1) If the offer of judgment was 25 percent more favorable than the monetary award, the court shall award reasonable attorney's fees and costs and the court shall set off such reasonable attorney's fees and costs against any award; and (d)(1) The court shall order the payment of attorney's fees and expenses of litigation upon receipt of proof that the judgment is one to which the provisions of either paragraph (1) or paragraph (2) of subsection (b) of this Code section apply; provided, however, that if an appeal is taken from such judgment, the court shall order payment of such attorney's fees and expenses of litigation only upon remittitur affirming such judgment. (2) If a party is entitled to costs and fees pursuant to the provisions of this Code section, the court may determine that an offer was not made in good faith in an order setting forth the basis for such a determination. In such case, the court may disallow an award of attorney's fees and costs. (e) Upon motion by the prevailing party at the time that the verdict or judgment is rendered, the moving party may request that the finder of fact determine whether the opposing party presented a frivolous claim or defense. In such event, the court shall hold a separate bifurcated hearing at which the finder of fact shall make a determination of whether such frivolous claims or defenses were asserted and to award damages, if any, against the party presenting such frivolous claims or defenses. Under this subsection: THURSDAY, MARCH 9, 2006 2897 (1) Frivolous claims shall include, but are not limited to, the following: (A) A claim, defense, or other position that lacks substantial justification or that is not made in good faith or that is made with malice or a wrongful purpose, as those terms are defined in Code Section 51-7-80; (B) A claim, defense, or other position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim, defense, or other position; and (C) A claim, defense, or other position that was interposed for delay or harassment; (2) Damages awarded may include reasonable and necessary attorney's fees and expenses of litigation; and (3) A party may elect to pursue either the procedure specified in this subsection or the procedure specified in Code Section 9-15-14, but not both." SECTION 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: N Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black N Bordeaux N Borders E Bridges N Brooks Brown N Bruce Y Bryant N Buckner, D Y Buckner, G Burkhalter Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson Y Dodson Y Dollar Y Drenner N Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman Hill, C.A N Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson N Hugley Jackson N Jacobs N James Y Jamieson Y Jenkins Y Jennings N Johnson Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Martin Y Maxwell Y May McCall E McClinton Y Meadows E Millar Y Mills Mitchell N Morgan Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock Y Parham Sailor Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens Y Stephenson Y Talton 2898 JOURNAL OF THE HOUSE Y Burmeister Y Burns Y Butler Y Byrd Carter Y Casas Y Chambers Y Channell Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree Henson Hill, C 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 Y Manning Y Marin Y Parrish Y Parsons 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 N Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 114, nays 35. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Benfield of the 85th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon. Representatives Jones of the 46th and Maddox of the 172nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Due to a mechanical malfunction, the votes of Representatives Setzler of the 35th and Smith of the 131st were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon. Representative Bryant of the 160th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. HB 1090. By Representatives Harbin of the 118th, Fleming of the 117th, Burmeister of the 119th and Rogers of the 26th: A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the O.C.G.A., relating to contracts for public works, and Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, so as to provide that a contractor that is more than 30 days behind in the performance of a state public works construction contract or a construction or maintenance contract with the Department of Transportation due to the fault of such THURSDAY, MARCH 9, 2006 2899 contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contract is brought current or is completed; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, and Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, so as to provide that a contractor that is more than 25 percent behind in the performance of certain contracts due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contracts is brought current or is completed; to provide for a determination of fault; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, is amended by adding a new Article 3 to read as follows: "ARTICLE 3 13-10-100. (a) A contractor that is found to be more than 25 percent behind in the performance of any combination of two or more of any of the following: (1) State public works construction contracts; or (2) Department of Transportation construction or maintenance contracts based on a final determination that such delay was due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contracts is brought current or is completed. (b) The determination of whether such contractor is behind in its performance and the cause of such delay shall be made in accordance with all applicable contract terms and provisions, including the requirements for determination of the contract time of performance, the contractor's right to request a time extension, resolution of any controversy or dispute involving the time of performance, mediation, and all 2900 JOURNAL OF THE HOUSE subsequent procedures or processes available under or allowed by the contract, to finally resolve any such controversy. Before such final determination is applied against a contractor, the determination may be appealed de novo to the applicable court." SECTION 2. Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, is amended by adding a new Code Section 32-2-66.1 to read as follows: "32-2-66.1. (a) A contractor that is found to be more than 25 percent behind in the performance of any combination of two or more of any of the following: (1) Department of Transportation construction or maintenance contracts; or (2) State public works contracts due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contracts is brought current or is completed. (b) The determination of whether such contractor is behind in its performance and the cause of such delay shall be made by the Department of Transportation and shall be in accordance with all applicable contract terms and provisions, including the requirements for determination of the contract time of performance, the contractor's right to request a time extension, resolution of any controversy or dispute involving the time of performance, mediation, and all subsequent procedures or processes available under or allowed by the contract, to finally resolve any such controversy. Before such final determination is applied against a contractor, the determination may be appealed de novo to the applicable court." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The 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 Y Davis Y Day Y Hill, C.A Y Holmes Y Holt Y Horne Y Martin Y Maxwell Y May Y McCall Sailor Y Scheid Y Scott, A Y Scott, M THURSDAY, MARCH 9, 2006 2901 Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders E Bridges Y Brooks Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Houston Howard, E Y Hudson Y Hugley 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 E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris 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 Porter Y Powell Y Ralston Y Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Roberts Y Rogers Y Royal Y Rynders Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Roberts of the 154th 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 695. By Representatives Holt of the 112th and Mills of the 25th: A BILL to be entitled an Act to amend Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, so as to enact the "Disabled Assistants Act"; to revise provisions relating to wild animal permits and licenses; to authorize the issuance of permits for animals to assist persons with disabilities under certain conditions; to provide for related 2902 JOURNAL OF THE HOUSE matters; 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 Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, so as to enact the "Disabled Assistants Act"; to revise provisions relating to wild animal permits and licenses; to authorize the issuance of permits for certain animals to assist persons with disabilities under certain conditions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Disabled Assistants Act." SECTION 2. Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, is amended in Code Section 27-5-4, relating to wild animal licenses and permits, by striking subsection (b) and inserting in its place a new subsection to read as follows: "(b)(1) Wild Except as provided in paragraph (2) of this subsection, wild animal licenses will be issued only to persons engaged in the wholesale or retail wild animal business or persons exhibiting wild animals to the public. Wild animal permits will be issued at no cost and only to persons for scientific or educational purposes, to persons with a permanent disability or disease as provided and for the purpose described in paragraph (2) of this subsection, or to a pond owner for grass carp or grass carp hybrids where the department has determined that the possession of such carp by the pond owner will not constitute a threat to wildlife; provided, however, that no such permit shall be required for persons buying triploid grass carp from properly licensed wild animal dealers authorized to sell grass carp where the bill of sale is retained by the buyer as proof of such sale and where the triploid grass carp are to be stocked only into a private pond; provided, further, that no such license or permit shall be required solely for the transportation of wild animals through this state where the animals remain in this state no more than 24 hours and are not sold or transferred while in this state. (2) The department shall issue a wild animal permit only for an animal in the genus Cebus (capuchin monkeys) to any person who establishes to the satisfaction of the department that: (A) Such person has a permanent disability or disease which interferes with the person's ability to perform one or more routine daily living activities; THURSDAY, MARCH 9, 2006 2903 (B) The animal for which the permit is to be issued has been trained to assist the person in performing his or her daily living activities; (C) The animal will be humanely treated and will not present a health or safety threat; (D) The animal for which the permit is to be issued is the only wild animal to be possessed by that person; (E) The permittee does not have a history of violating this chapter; and (F) The organization furnishing the animal to the applicant: (i) Is reputable, lawful, and does not have any history of violating this chapter; (ii) Provides to the department documentation and data sufficient to establish that the organization has a proven record, over at least a ten-year period, of furnishing animals which provide meaningful assistance to persons with disabilities; and (iii) Has received and maintained a nonprofit, tax-exempt status. (3) Permits issued under the provisions of paragraph (2) of this subsection shall be issued only to individuals and are nontransferable. (4) Capuchin monkeys possessed under the provisions of paragraph (2) of this subsection are exempt from the requirements of paragraph (5) of subsection (k) of Code Section 27-5-4 but must be treated humanely and shall be kept only in the residence of the permittee. When transported, the monkey must be in a USDA approved carrier and there shall be no contact allowed between the public and monkey when outside the permittee's residence. Under no circumstances may the monkey be present on premises where food is sold." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Barnes Y Bearden Beasley-Teague Y Benfield Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 2904 JOURNAL OF THE HOUSE Y Benton Y Black Y Bordeaux Y Borders E 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 Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C N 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 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 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 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 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 160, nays 1. 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. HB 841. By Representatives Day of the 163rd, Graves of the 137th, Hugley of the 133rd and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from 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 THURSDAY, MARCH 9, 2006 2905 limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption from state sales and use tax only with respect to 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. 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 (81), by striking the period at the end of paragraph (82) and inserting in its place "; or", and by adding a new paragraph immediately following paragraph (82) to be designated paragraph (83) to read as follows: "(83)(A) Sales of tangible personal property and services to a qualified job training organization when such organization obtains an exemption determination letter from the commissioner. (B) For purposes of this paragraph, 'qualified job training organization' means an organization which: (i) Is located in this state; (ii) Is exempt from income taxation under Section 501 (c)(3) of the Internal Revenue Code; (iii) Specializes in the retail sale of donated items; (iv) Provides job training and employment services to individuals with workplace disadvantages and disabilities; and (v) Uses a majority of its revenues for job training and placement programs. (C)(i) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; by or pursuant to Part 1 of Article 3 of this chapter; by or 2906 JOURNAL OF THE HOUSE pursuant to Part 2 of Article 3 of this chapter; by or pursuant to Article 4 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph. (E) This paragraph shall stand repealed in its entirety on July 1, 2008." SECTION 2. This Act shall become effective July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. 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 Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders E 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 Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills 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 Y Parsons Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler 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 THURSDAY, MARCH 9, 2006 2907 Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin 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. 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 1053 Do Pass The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1053. By Representatives Maddox of the 172nd, Keown of the 173rd, Freeman of the 140th, Tumlin of the 38th, Benton of the 31st and others: A RESOLUTION recognizing and commending Boy Scout Troop 383 and inviting the leaders and members of the troop 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 House were taken up for consideration and read the third time: HR 773. By Representatives Jones of the 46th, Ehrhart of the 36th, Coleman of the 97th, Maxwell of the 17th, Bearden of the 68th and others: 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. 2908 JOURNAL OF THE HOUSE The following Committee substitute was read and adopted: A RESOLUTION Proposing an amendment to the Constitution of Georgia so as to change the existing provisions regarding the sales tax for education; to allow for a county school district in which one or more independent school districts are located to authorize, impose, levy, collect, and distribute a sales and use tax for educational purposes without the participation of all the independent school districts located within the county, 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 a method of distribution for taxes simultaneously collected by a county school district and an independent school district within the county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VIII, Section VI of the Constitution is amended by striking Paragraph IV in its entirety and inserting in lieu thereof a new Paragraph IV to read as follows: "Paragraph IV. Sales tax for educational purposes. (a) The board of education of each school district in a county in which no independent school district is located may by resolution and the board of education of each county school district and the board of education of each any one or more independent school district districts located within such county may by concurrent resolutions impose, levy, and collect within such school district or districts a sales and use tax for educational purposes of such school district or districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. This tax shall be at the rate of 1 percent and shall be imposed for a period of time not to exceed five years, but in all other respects, except as otherwise provided in this Paragraph, shall correspond to and be levied in the same manner as the tax provided for by Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, as now or hereafter amended. Proceedings for the reimposition of such tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. (b) The purpose or purposes for which the proceeds of the tax are to be used and may be expended include: (1) Capital outlay projects for educational purposes; (2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (b)(2) if all ad valorem property taxes levied or scheduled to THURSDAY, MARCH 9, 2006 2909 be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of failure to comply with the requirements of this subparagraph (b)(2), as certified by the Department of Revenue, no further funds shall be expended under this subparagraph (b)(2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or (3) A combination of the foregoing. (c) The resolution calling for the imposition of the tax and the ballot question shall each describe: (1) The specific capital outlay projects to be funded, or the specific debt to be retired, or both, if applicable; (2) The maximum cost of such project or projects and, if applicable, the maximum amount of debt to be retired, which cost and amount of debt shall also be the maximum amount of net proceeds to be raised by the tax; and (3) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years. (d) Nothing in this Paragraph shall prohibit a county and those municipalities located in such county from imposing as additional taxes local sales and use taxes authorized by general law. (e) The tax imposed pursuant to this Paragraph shall not be subject to and shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state. (f) The tax imposed pursuant to this Paragraph shall not be subject to any sales and use tax exemption with respect to the sale or use of food and beverages which is imposed by law. (g) The net proceeds of the tax shall be distributed to the school district or districts in which the tax is collected; provided, however, that if such a tax is simultaneously collected by a county school district and one or more participating independent school districts within such county, then the net proceeds of the tax shall be distributed between the county school district and the participating independent school district or districts, or portion thereof, located in such county according to an agreement between the county school district and the participating independent school district or districts or, if no agreement can be reached, according to the ratio the student enrollment in each participating school district, or portion thereof, bears to the total student enrollment of all participating school districts in the county or upon such other formula for distribution as may be authorized by local law. For purposes of this subparagraph, student enrollment shall be based on the latest FTE full-time enrollment count prior to the referendum on imposing the tax. (h) Excess proceeds of the tax which remain following expenditure of proceeds for authorized projects or purposes for education shall be used solely for the purpose of 2910 JOURNAL OF THE HOUSE reducing any indebtedness of the school system. In the event there is no indebtedness, such excess proceeds shall be used by such school system for the purpose of reducing its millage rate in an amount equivalent to the amount of such excess proceeds. (i) The tax authorized by this Paragraph may be imposed, levied, and collected as provided in this Paragraph without further action by the General Assembly, but the General Assembly shall be authorized by general law to further define and implement its provisions including, but not limited to, the authority to specify the percentage of net proceeds to be allocated among the projects and purposes for which the tax was levied. (j)(1) Notwithstanding any provision of any constitutional amendment continued in force and effect pursuant to Article XI, Section I, Paragraph IV(a) and except as otherwise provided in subparagraph (j)(2) of this Paragraph, any political subdivision whose ad valorem taxing powers are restricted pursuant to such a constitutional amendment may receive the proceeds of the tax authorized under this Paragraph or of any local sales and use tax authorized by general law, or any combination of such taxes, without any corresponding limitation of its ad valorem taxing powers which would otherwise be required under such constitutional amendment. (2) The restriction on and limitation of ad valorem taxing powers described in subparagraph (j)(1) of this Paragraph shall remain applicable with respect to proceeds received from the levy of a local sales and use tax specifically authorized by a constitutional amendment in force and effect pursuant to Article XI, Section I, Paragraph IV(a), as opposed to a local sales and use tax authorized by this Paragraph or by general law." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended so as to change the existing provisions regarding the sales tax for education to allow for a ( ) NO county school district in which one or more independent school districts are located to authorize, impose, levy, collect, and distribute a sales and use tax for educational purposes without the participation of all the independent school districts located within the county, conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon, and to provide for a method of distribution for taxes simultaneously collected by a county school district and an independent school district within the county?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. THURSDAY, MARCH 9, 2006 2911 The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard 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 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 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 Everson 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, E 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 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 Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolution, by substitute, the ayes were 164, nays 1. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. HB 893. By Representatives Jones of the 46th, Ehrhart of the 36th, Coleman of the 97th, Maxwell of the 17th and Forster of the 3rd: 2912 JOURNAL OF THE HOUSE 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. The following Committee substitute was read and adopted: A BILL To amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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, is amended by striking Code Section 488-141, relating to the manner of imposition of such taxes, and inserting in lieu thereof the following: "48-8-141. Except as otherwise expressly provided in Article VIII, Section VI, Paragraph IV of the Constitution of Georgia, the sales tax for educational purposes which may be levied by a board of education of a county school district or concurrently by the board of education of a county school district and the board of education of each one or more independent school district districts located within such county, shall be imposed and levied by such board or boards of education and collected by the commissioner on behalf of such board or boards of education in the same manner as provided for under Part 1 of this article and the provisions of Part 1 of this article in particular, but without limitation, the provisions regarding the authority of the commissioner to administer and collect this tax, retain the 1 percent administrative fee, and promulgate rules and regulations governing this tax shall apply equally to such board or boards of education." SECTION 2. This Act shall become effective January 1, 2007, only upon the ratification at the statewide general election in November, 2006, of an amendment to the Constitution providing for the 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 THURSDAY, MARCH 9, 2006 2913 within the limits of the local taxing jurisdiction voting in a referendum thereon. If such an amendment is not so ratified, this Act shall be repealed automatically on January 1, 2007. 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 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 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 Crawford Y Cummings Y Davis Y Day Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y 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 Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 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 Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker 2914 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. The following Resolution of the House was read and referred to the Committee on Rules: HR 1776. By Representatives Gardner of the 57th, Ehrhart of the 36th, Morgan of the 39th, Watson of the 91st, Oliver of the 83rd and others: A RESOLUTION commending the American Red Cross and proclaiming March, 2006, American Red Cross Month in Georgia; inviting its representatives to appear before the House of Representatives; and for other purposes. The Speaker assumed the Chair. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, MARCH 9, 2006 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 09, 2006, by adding the following: DEBATE CALENDAR Structured Rule HB 1313 HR 1306 Eminent domain; comprehensive revision of provisions; provide Condemnation of property; redevelopment purposes; approved by vote; require - CA Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman THURSDAY, MARCH 9, 2006 2915 Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 1313. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others: A BILL to be entitled an Act to amend Title 8 of the O.C.G.A., relating to buildings and housing, Title 22 of the O.C.G.A., relating to eminent domain, and Title 36 of the O.C.G.A., relating to local government, so as to provide for the comprehensive revision of provisions regarding eminent domain; to provide for a short title; to change certain provisions regarding a housing authority's eminent domain power; to change certain language relating to blighted areas; to provide for a new definition of blighted areas; to change certain provisions regarding housing authorities power of eminent domain; to amend Chapter 3 of Title 23 of the O.C.G.A., relating to equitable remedies and proceedings, so as to grant standing to municipalities and counties to seek certain equitable remedies and proceedings; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and withdrawn: A BILL To amend Titles 8, 22, 23, and 36 of the Official Code of Georgia Annotated, relating buildings and housing, eminent domain, equity, and local government, respectively, so as to provide for the comprehensive revision of provisions regarding the power of eminent domain; to provide for a short title; to change certain provisions regarding a housing authority's power of eminent domain; to change certain provisions regarding the acquisition powers of housing authorities; to change certain provisions relating to legislative findings regarding blighted properties; to provide for a new definition of blighted properties; to provide for other definitions; to provide for a public use requirement for exercising the power of eminent domain; to change certain provisions relating to the power of eminent domain and the presumption of a public use; to provide for attorney's fees in certain cases challenging the use of eminent domain; to provide certain exemptions to the applicability of the power of eminent domain to public utilities; to change certain provisions relating to the General Assembly's power to determine when eminent domain may be exercised; to provide for certain changes regarding eminent domain to require a public use; to change certain provisions regarding when the use of eminent domain is allowed; to provide guidelines for the use of condemnation; to provide for practice and procedure relative to condemnation; to provide for testimony relative to the value of condemned property; to provide for expedited hearings; to repeal provisions relating to certain appeals from assessor's awards; to change compensation for special 2916 JOURNAL OF THE HOUSE masters; to change provisions relating to the right of appealing the award of the special master in condemnation proceedings; to change provisions relating to the use of condemnation by waterworks; to grant standing to municipalities, counties, and housing authorities to seek certain equitable remedies and proceedings; to provide for certain notification requirements; to provide for certain restrictions regarding the use of eminent domain under or in connection with a redevelopment plan and urban redevelopment; to change certain provisions regarding who must conduct public hearings relating to redevelopment plans; to provide for reacquisition of condemned property under certain circumstances; to provide for reimbursement of reasonable costs and expenses incurred because of condemnation proceedings; to provide for certain exemptions; to provide for revisions for purposes of conformity; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as "The Private Property Protection Act." SECTION 2. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by striking Code Section 8-3-31, relating to a housing authority's eminent domain power, and inserting in its place a new Code Section 8-3-31 to read as follows: "8-3-31. (a) After the adoption by the governing authority of the city or county of a resolution declaring that the acquisition of the real property described in the resolution is necessary for the purposes set forth in this chapter, a municipality, county, or housing authority An authority shall have the right to acquire by the exercise of the power of eminent domain any real property which is blighted and is deemed it may deem necessary for its the purposes of the resolution described in this subsection. The exercise of the power of eminent domain authorized by this chapter shall be in the manner provided by Title 22. under this article after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. An authority may exercise the power of eminent domain in the manner provided in Title 22; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired, except that no real property belonging to the city, the county, the state, or any political subdivision thereof may be acquired without the consent of such city, county, state, or other political subdivision. (b) Each exercise of eminent domain under this article shall be by resolution by the governing authority of the city within which the property is located, if any, or otherwise by the governing authority of the county within which the property is located. (c) Any governing authority acting under this Code section shall: THURSDAY, MARCH 9, 2006 2917 (1) Not less than 15 days before any meeting at which such resolution is to be considered post a sign, if possible, in the right of way adjacent to each property that is subject to the proposed use of the eminent domain power stating the time, date, and place of such meeting; (2) Not less than 15 days before any meeting at which such resolution is to be considered mail notice to the property owner at the address of record, and if different from the property owner, to the parties in possession of the property, return receipt requested, or deliver such notice by statutory overnight delivery; (3) Ensure that any notice that is required by law to be published be placed in a newspaper of general circulation, but such notice shall not be published in the legal notices section of such newspaper; and (4) Ensure that any meeting at which such resolution is to be considered and voted on shall commence after 6:00 P.M. (d) Compliance with this Code section shall be in addition to and not in the place of the requirements imposed by Chapter 1 of Title 22; provided, however, that the requirements set forth in this Code section shall satisfy the requirements provided in Code Section 22-1-11." SECTION 3. Said title is further amended by striking Code Section 8-4-2, relating to legislative findings regarding blighted areas, and inserting a new Code Section 8-4-2 to read as follows: "8-4-2. It is found and declared: (1) That there exist in many communities within this state blighted areas properties, as defined in Code Section 8-4-3, or areas properties in the process of becoming blighted; (2) That such areas impair economic values and tax revenues; that such areas properties cause an increase in and spread of disease and or crime and constitute a menace to the health, safety, morals, and welfare of the residents of the state; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities; (3) That the clearance, replanning, and preparation for rebuilding of these areas properties and the prevention of the reduction of blight and its causes are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern; (4) That there are also certain areas where the condition of the title, the diverse ownership of the land to be assembled, the street or lot layouts, or other conditions prevent a proper development of the land which cloud title preventing the free transfer of property; that it is in the public interest that such areas, as well as blighted areas, properties be acquired by eminent domain and made available for sound and wholesome development in accordance with a redevelopment plan; and that the 2918 JOURNAL OF THE HOUSE exercise of the power of eminent domain and the financing of the acquisition and preparation of land by a public agency for such redevelopment is likewise a public use and purpose; (5) That redevelopment activities will stimulate residential construction which is closely correlated with general economic activity; and that such undertakings authorized by this chapter will aid the production of better housing and more desirable neighborhood and community development at lower costs and will make possible a more stable and larger volume of residential construction, which will assist materially in achieving and maintaining full employment; (6) That there exists an emergency housing shortage of decent, safe, and sanitary dwellings for families of low income; and (7) That it is in the public interest that advance preparation for such projects and activities be made now; and that the necessity in the public interest for the provisions enacted by this chapter is declared as a matter of legislative determination." SECTION 4. Said title is further amended by striking Code Section 8-4-3, relating to definitions regarding blighted areas, and inserting in its place a new Code Section 8-4-3 to read as follows: "8-4-3. As used in this chapter, the term: (1) 'Blighted areas' means: (A) Areas in which there is a predominance of buildings or improvements, or which are predominantly residential in character, and which, by reason of: (i) Dilapidation, deterioration, age, or obsolescence; (ii) Inadequate provision for ventilation, light, air, sanitation, or open spaces; (iii) High density of population and overcrowding; (iv) The existence of conditions which endanger life or property by fire and other causes; or (v) Any combination of such factors, are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime and are detrimental to the public health, safety, morals, or welfare; and (B) Areas which, by reason of: (i) The predominance of defective or inadequate street layout; (ii) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (iii) Insanitary or unsafe conditions; (iv) Deterioration of site improvements; (v) Diversity of ownership; (vi) Tax or special assessment delinquency exceeding the fair value of the land; (vii) Defective or unusual conditions of title; (viii) Improper subdivision or obsolete platting; THURSDAY, MARCH 9, 2006 2919 (ix) The existence of conditions which endanger life or property by fire or other causes; or (x) Any combination of such factors, substantially impair or arrest the sound growth of the community, retard the provision of housing accommodations, or constitute an economic or social liability and are a menace to the public health, safety, morals, or welfare in their the area's present condition and use. (1) 'Blighted property' or 'blight' means: (A) Any urbanized or developed property which, as shown by government maintained statistics or other studies: (i) Presents one or more of the following conditions: (I) Uninhabitable, unsafe, or abandoned structures; (II) Inadequate provisions for ventilation, light, air, sanitation, or open spaces; (III) An imminent harm to life or other property caused by fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe respecting which the Governor has declared a state of emergency under state law or has certified the need for disaster assistance under federal law; (IV) A site identified by the federal Environmental Protection Agency as a Superfund site pursuant to 42 U.S.C. Section 9601, et seq., or environmental contamination to an extent that requires remedial investigation or a feasability study; or (V) Repeated illegal use of individual structures and the maintenance of the property is below state, county, or municipal codes for at least one year after notice of the code violation; and (ii) Is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime in the redevelopment project area's present condition and use. Property which may be deemed esthetically substandard or deteriorating shall not meet the definition of blighted property unless the overall condition of the property results in ill health, transmission of disease, infant mortality, juvenile delinquency, or crime; or (B) Property having tax liens or special assessment delinquency exceeding the fair market value of the property. (2) 'Redevelopment plan' means a plan, other than a preliminary or tentative plan, for the acquisition, clearance, reconstruction, rehabilitation, or future use of a redevelopment project area. Such plan shall be sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements and to indicate the proposed land uses and building requirements in the redevelopment project area. (3) 'Redevelopment project' means: (A) Any work or undertaking to acquire blighted property areas or portions thereof, including lands, structures, or improvements, the acquisition of which is necessary 2920 JOURNAL OF THE HOUSE or incidental to the proper clearance, development, or redevelopment of such blighted areas properties or to the prevention of the spread or recurrence of slum blighted conditions or conditions of blight; (B) Any work or undertaking to clear any such areas blighted properties by demolition or removal of existing buildings, structures, streets, utilities, or other improvements thereon and to install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation of sites for uses in accordance with the redevelopment plan; (C) Any work or undertaking to sell, lease, or otherwise make available land in such areas blighted properties for residential, recreational, commercial, industrial, or other use, or for public use or to retain such land for public use, in accordance with the redevelopment plan; and (D) The preparation of a redevelopment plan; the planning, survey, and other work incident to a redevelopment project; and the preparation of all plans and arrangements for carrying out a redevelopment project." SECTION 5. Said title is further amended by striking Code Section 8-4-4, relating to the eminent domain powers of housing authorities, and inserting in its place a new Code Section 8-44 to read as follows: "8-4-4. (a) Any housing authority established pursuant to Article 1 of Chapter 3 of this title, the 'Housing Authorities Law,' is authorized to prepare or cause to be prepared redevelopment plans and to undertake redevelopment projects within its area of operation, in accordance with this chapter. In undertaking such redevelopment projects, a housing authority shall have all the rights, powers, privileges, and immunities that such authority has under Article 1 of Chapter 3 of this title, the 'Housing Authorities Law,' and any other provision of law relating to slum blight clearance and housing projects for persons of low income, including, without limiting the generality of the foregoing, the power to make and execute contracts, to issue bonds and other obligations and give security therefor, to acquire real property by eminent domain or purchase after the governing authority within which the property is located has approved the acquisition and provided notice pursuant to subsections (b) and (c) of this Code section, and to do any and all things necessary to carry out projects in the same manner as though all of the provisions of law applicable to slum blight clearance and housing projects were applicable to redevelopment projects undertaken under this chapter, provided that nothing contained in Code Sections 8-3-11 and 8-3-12 shall be construed as limiting the power of an authority, in the event of a default by a purchaser or lessee of land in a redevelopment plan, to acquire property and operate it free from the restrictions contained in said Code sections. (b) Each exercise of eminent domain under this chapter shall be by resolution by the governing authority of the city within which the property is located, if any, or otherwise by the governing authority of the county within which the property is located. THURSDAY, MARCH 9, 2006 2921 (c) Any governing authority acting under this Code section shall: (1) Not less than 15 days before any meeting at which such resolution is to be considered post a sign, if possible, in the right of way adjacent to each property that is subject to the proposed use of the eminent domain power stating the time, date, and place of such meeting; (2) Not less than 15 days before any meeting at which such resolution is to be considered mail notice to the property owner at the address of record and, if different from the property, to the parties in possession of the property, return receipt requested, or deliver such notice by statutory overnight delivery; (3) Ensure that any notice that is required by law to be published be placed in a newspaper of general circulation, but such notice shall not be published in the legal notices section of such newspaper; and (4) Ensure that any meeting at which such resolution is to be considered and voted on shall commence after 6:00 P.M. (d) Compliance with this Code section shall be in addition to and not in place of the requirements imposed by Chapter 1 of Title 22, except that the requirements set forth in this Code section shall satisfy the requirements provided in Code Section 22-1-11." SECTION 6. Said title is further amended by striking Code Section 8-4-8, relating to authorities acquiring and developing lands not within blighted areas for redevelopment projects, and inserting in its place a new Code section to read as follows: "8-4-8. (a) Upon a determination, by resolution, of the governing body of the city in which such land is located that the acquisition by purchase and development of undeveloped vacant land, not within a blighted area, is essential to the proper clearance or redevelopment of blighted areas or a necessary part of the general slum clearance program of the city, the acquisition, planning, preparation for development, or disposal of such land shall constitute a redevelopment project which may be undertaken by the authority in the manner provided in this chapter. The determination by the governing body shall not be made until such body finds that there is a shortage of decent, safe, and sanitary housing in the city; that such undeveloped vacant land will be developed for predominantly residential uses; and that the provision of decent, safe, and sanitary housing on such undeveloped vacant land is necessary to the relocation of families to be displaced from blighted areas in the city which are under redevelopment. (b) In the undertaking of redevelopment projects on a regional or unified metropolitan basis, which projects involve the acquisition by purchase and development of undeveloped vacant land in one city as an adjunct to the redevelopment of blighted areas in another city, each determination or finding required in this Code section shall be made by the governing body of the city with respect to which the determination or finding relates." SECTION 7. 2922 JOURNAL OF THE HOUSE Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, is amended by striking Code Section 22-1-1, relating to eminent domain definitions, and inserting in its place a new Code Section 22-1-1 to read as follows: "22-1-1. As used in this title, the term: (1) 'Blight' shall have the same meaning as set forth in Code Section 8-4-3. (2) 'Common carrier' means any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid. (3) 'Economic development' means any economic activity to increase tax revenue, tax base, employment, or general economic health, when the activity does not result in: (A) Transfer of land to public ownership; (B) Transfer of property to a private entity that is a public utility; (C) Transfer of property to a private entity when eminent domain will remove a threat to public health or safety, such as the removal of public nuisances, removal of structures beyond repair or that are unfit for human habitation or use, or acquisition of abandoned property; (D) Lease of property to private entities that occupy an incidental area within a public project; or (E) The remedy of blight. (4) 'Each person with a legal claim' means the owner of the property or of any remainder, reversion, mortgage, lease, security deed, or other claim in the property. (1)(5) 'Interest' means any title or nontitle interest other than fee simple title. (2)(6) 'Persons' means individuals, partnerships, associations, and corporations, domestic or foreign. (3)(7) 'Property' means fee simple title. (8)(A) 'Public use' means: (i) The possession, occupation, and enjoyment of the land by the general public or by public agencies; (ii) The use of land for the creation or functioning of public utilities; (iii) The opening of roads, the construction of defenses, or the providing of channels of trade or travel; (iv) The acquisition of property to cure an imminent, immediate, or ongoing harmful effect of the current use of the land, including the removal or abatement of public nuisances, structures that are beyond repair or that are unfit for human habitation or use, and the acquisition of abandoned property; (v) The acquisition of property where, after a proceeding to quiet title, persons with an interest in the property remain unknown and unanimous consent is received from each person with a legal claim; (vi) The remedy of blight; (vii) The acquisition of property where persons with a legal claim unanimously consent to the acquisition; or (viii) The remediation of blighted property for the purpose of creating a housing project as such term is defined in paragraph (10) of Code Section 8-3-3 which may THURSDAY, MARCH 9, 2006 2923 include the transfer of ownership to private parties of residences within a housing project or use of a private enterprise agreement as defined in paragraph (13.1) of Code Section 8-3-3. (B) The public benefit of economic development shall not constitute a public use. (9) 'Public utility' means any publicly, privately, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil products, water, steam, clay, waste, storm water not connected with highway drainage, and other similar services and commodities, including publicly owned fire and police and traffic signals and street lighting systems, which directly or indirectly serve the public. This term also means a person, municipal corporation, county, state agency, or public authority which owns or manages a utility as defined in this paragraph. This term shall also include common carriers." SECTION 8. Said title is further amended by striking Code Section 22-1-2, relating to the nature of eminent domain, and inserting in its place a new Code Section 22-1-2 to read as follows: "22-1-2. (a) The right of eminent domain is the right of the state, through its regular organization, to reassert, either temporarily or permanently, its dominion over any portion of the soil of the state on account of public exigency and for the public good. Thus, in time of war or insurrection the proper authorities may possess and hold any part of the territory of the state for the common safety; and in time of peace the General Assembly may authorize the appropriation of the same to public purposes, such as the opening of roads, construction of defenses, or providing channels for trade or travel. Notwithstanding any other provisions of law, neither this state nor any political subdivision thereof nor any other condemning entity shall use eminent domain unless it is necessary for public use. (b) If property acquired through the power of eminent domain from an owner fails to be put to the stated public use within 12 years, the former owner may initiate an action in superior court to reacquire the property. Where the condemnor has not undertaken an action to put the property to public use, the superior court may declare that the former owner or his or her assigns and heirs shall have the right to reacquire such property for the original condemnation price plus interest at the rate of 3.5 percent amortized annually. The condemnor shall provide notice to each person with a legal claim if the condemnor fails to put the property to public use within 12 years. Each person with a legal claim shall have the right to pursue reacquisition in accordance with this subsection within four years from the date of the notice. The court may award attorney's fees and expenses of litigation to each person with a legal claim who successfully pursues a remedy pursuant to this subsection. This subsection shall not apply to condemnations subject to Code Section 22-3-162. (c) In the case that property is acquired from more than one owner for the same public use and reacquisition by a single owner is impracticable, any party to the original 2924 JOURNAL OF THE HOUSE condemnation or each person with a legal claim in such condemnation may file an action in the superior court where the property is located for an equitable resolution. This subsection shall not apply to condemnations subject to Code Section 22-3-162." SECTION 9. Said title is further amended by striking Code Section 22-1-3, relating to the General Assembly's power to determine when eminent domain may be exercised, and inserting in its place a new Code Section 22-1-3 to read as follows: "22-1-3. (a) It is the province of the General Assembly to determine when the right of eminent domain may be exercised. If, however, under pretext of such necessity the General Assembly should pass a law authorizing the taking of property for private use rather than for public use, the courts should declare the law inoperative. (b) The court presiding over the condemnation shall determine, as a matter of law, whether the exercise of the power of eminent domain is for a public use. The condemning entity bears the burden of proof by the evidence presented that the condemnation is for an authorized public use." SECTION 10. Said title is further amended by inserting new Code sections to read as follows: "22-1-9. In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for property owners, and to promote public confidence in land acquisition practices, all condemnations shall, to the greatest extent practicable, be guided by the following policies and practices: (1) The condemnor shall make every reasonable effort to acquire expeditiously real property by negotiation; (2) Where the condemnor seeks to obtain a fee simple interest in real property, real property shall be appraised before the initiation of negotiations, and the owner or his or her designated representatives shall be given an opportunity to accompany the appraiser during his or her inspection of the property, except that the condemnor may, by law, rule, regulation, or ordinance, prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value; (3) Before the initiation of negotiations for fee simple interest for real property the condemnor shall establish an amount which the condemnor believes to be just compensation and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the condemnor's independent fee appraisal of the fair market value of such property. The condemnor shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount he or she established as just compensation. THURSDAY, MARCH 9, 2006 2925 Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated; (4) No owner shall be required to surrender possession of real property before the condemnor pays the agreed purchase price or deposits with the court in accordance with this title, for the benefit of the owner, an amount not less than the condemnor's appraisal of the fair market value of such property or the amount of the award of compensation in the condemnation proceeding for such property; (5) The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling or to move his or her business or farm operation without at least 90 days written notice from the condemnor of the date by which such move is required; (6) If the condemnor permits an owner or tenant to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the condemnor on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier; (7) In no event shall the condemnor either advance the time of condemnation or defer negotiations or condemnation and the deposit of funds in court for the use of the owner or take any other bad faith action in order to compel an agreement on the price to be paid for the property; (8) If any legal interest in real property is to be acquired by exercise of the power of eminent domain, the condemnor shall institute formal condemnation proceedings. No condemnor shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his or her real property; or (9) A person whose real property is being acquired in accordance with this title may, after the person has been fully informed of his or her right to receive just compensation for such property, donate such property, any part thereof, any legal interest therein, or any compensation paid to a condemnor, as such person shall determine. 22-1-10. (a) Prior to the acquisition of any property pursuant to a redevelopment plan for blighted property, the condemnor shall file a petition in the superior court of the county which maintains jurisdiction over the property sought to be condemned. The petition shall set forth the reasons for the condemnation and provide a copy of the redevelopment plan. The condemnor shall provide notice of the petition to each person with a legal claim. (b) The superior court shall determine, after notice and hearing, whether the condemnor has the legal authority to exercise the power of eminent domain, including whether the property identified by the condemnor is blighted. The condemnor shall have the burden of proof. 2926 JOURNAL OF THE HOUSE (c) The superior court may refer the matter to a special master. The special master shall file a report with the superior court providing all findings necessary to reach a decision. (d) The hearing shall occur no less than 30 days after the petition is filed. (e) The court having jurisdiction of a proceeding instituted by a condemnor to acquire real property by condemnation shall award the owner of any right or title to or interest in such real property such sum as will in the opinion of the court reimburse such owner for his or her reasonable costs and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred, if: (1) The final judgment is that the condemnor cannot acquire the real property by condemnation; or (2) The proceeding is abandoned by the condemnor. 22-1-11. (a) Before any action to approve the condemnation of property, the condemnor shall provide notice of such action to each person with a legal claim, other than governmental bodies, by statutory overnight delivery or certified mail. (b) After the notice described in subsection (a) of this Code section is provided, the condemnor shall provide for a hearing of the condemnee or condemnees no less than 14 days after delivering or depositing the notice. The condemnor shall provide notice of the hearing to each person with a legal claim. The hearing shall be held by the condemning body authorized to institute the condemnation proceeding. If the condemnor is comprised of several persons, a quorum of the condemning body must attend the hearing. The hearing shall take place in the county of the property sought to be condemned. This subsection shall not apply to condemnations by public utilities or the Department of Transportation. (c) Except as provided in subsection (d) of this Code section, no action may be brought in any court of this state until at least 30 days after the date of the hearing described in subsection (b) of this Code section; provided, however, that this requirement shall not apply to condemnations by public utilities or the Department of Transportation. (d) If an emergency condition exists requiring the acquisition of property for the protection of the public health and safety, the condemnor may declare the existence of an emergency and adopt a resolution defining the emergency. Notice and hearing as required by this Code section may be waived by the condemning body in an emergency condition. (e) If the notice filed pursuant to this Code section includes affidavits from known and located persons, each with a legal claim, and the affidavits state that each person with a legal claim does not oppose the condemnation, a hearing as required by subsection (b) of this Code section may be waived. 22-1-12. In all actions where a condemnor exercises the power of eminent domain, the court having jurisdiction of a proceeding instituted by a condemnor to acquire real property THURSDAY, MARCH 9, 2006 2927 by condemnation shall award the owner of any right or title to or interest in such real property such sum as will in the opinion of the court reimburse such owner for his or her reasonable costs and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings, if: (1) The final judgment is that the condemnor cannot acquire the real property by condemnation; or (2) The proceeding is abandoned by the condemnor. 22-1-13. In addition to the types of relocation damages permissible under law, any condemnee that is displaced as a result of the condemnation shall be entitled to: (1) Actual reasonable expenses in moving himself or herself, his or her family, business, farm operation, or other personal property; (2) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation; and (3) Such other relocation expenses as authorized by law. 22-1-14. (a) When property is condemned under this title or any other title of this Code, the value of the condemned property may be determined through lay or expert testimony and its admissibility shall be addressed to the sound discretion of the court. (b) If any party to a condemnation proceeding seeks to introduce expert testimony as to the issue of just and adequate compensation, Code Section 24-9-67.1 shall not apply." SECTION 11. Said title is further amended by repealing Code Section 22-2-84.1, relating to appeals to superior court from assessor's award, reasonable expenses, and liability of cost relating to issues of law. SECTION 12. Said title is further amended by striking Code Section 22-2-100, relating to the definition of "condemning body" and "condemnor," and inserting in its place a new Code section to read as follows: "22-2-100. As used in this article, 'condemning body' or 'condemnor' means: (1) The State of Georgia or any branch of the government of the State of Georgia; (2) Any county or municipality of the State of Georgia; (3) Any housing authority with approval of the governing authority as provided in Code Section 8-4-4; (4) Any other political subdivision of the State of Georgia which is vested with the power of eminent domain; and (5) All public utilities that possess the right or power of eminent domain. All other persons possessing the right or power of eminent domain." 2928 JOURNAL OF THE HOUSE SECTION 13. Said title is further amended by striking Code Section 22-2-102, relating to filing a petition of condemnation and certain requirements and rights attached to said petition, and inserting in its place a new Code section to read as follows: "22-2-102. (a) In addition to the requirements set forth in Chapter 1 of this title, whenever Whenever it is desirable, for any reason, to arrive at a quick and certain determination of the compensation to be paid first to the condemnee for the taking or damaging of private property, the condemnor shall: (1) File file a petition in a superior court having jurisdiction for a judgment in rem against the property or interest therein, as provided in Code Section 22-2-130.; and (2) At or before the filing of the petition, the condemnor shall present a copy of the petition to a judge of the superior court of the county wherein the property or interest sought to be condemned is located. Thereupon, the judge shall have a hearing in court, in chambers, or by telephone with the parties not less than ten days nor more than 30 days from the filing of the petition to appoint a special master. After such hearing, the judge shall make an order requiring the condemnor, the person in possession of the property or interest, and any other person known to have any rights in the property each person with a legal claim or interest to appear at a hearing before a special master at a time and place specified in the order and to make known their rights, if any, in and to the property or interest sought to be condemned, their claims as to the value of the property or interest, and any other matters material to their respective rights. Except in condemnations for purposes of constructing or expanding one or more electric transmission lines, the (b) The hearing before the special master shall take place not less than ten 30 days nor more than 15 60 days after the date of service the entry of the order appointing the special master. In condemnations for purposes of constructing or expanding one or more electric transmission lines, the hearing before the special master shall take place not less than 30 days and not more than 40 days after the date of service of the order. (c) The order shall give such directions for notice and the service thereof as are appropriate and as are consistent with this article, in such manner as to provide most effectively an opportunity to all parties at interest to be heard. In condemnations for purposes of constructing or expanding one or more electric transmission lines, in addition to service of the order, a copy of the order shall be mailed by certified mail or sent by statutory overnight delivery to any person shown by the public ad valorem tax records of the county in which the property is located to have an interest in the property and to any other person having open and obvious possession of the property. It shall not be necessary to attach any other process to the petition except the order so made, and the cause shall proceed as in rem." SECTION 14. Said title is further amended by striking Code Section 22-2-102.1, relating to petitioning superior court for judgment in rem in cases of eminent domain, and inserting in its place THURSDAY, MARCH 9, 2006 2929 a new Code section to read as follows: "22-2-102.1. (a) In addition to the requirements set forth in Chapter 1 of this title, whenever Whenever it shall be necessary for such condemning body to take or damage private property, or any interest or easement therein, in pursuance of any law so authorizing, for any public purpose use, and where, by reason of the necessities of the public needs, of which the condemning body shall be the exclusive judge, and it shall be desirable for these reasons to have a quick and effective adjudication of the just and adequate compensation to be paid the owner or owners of such property before taking the same, and it shall be desirable to have a judicial ascertainment and judicial supervision of all questions and proceedings connected with the matter, such condemning body may, through any authorized representative, petition the superior court of the county having jurisdiction, for a judgment in rem against said property, or any easement or other interest in said property, condemning the same in fee simple to the use of the petitioner upon payment of just and adequate compensation therefor. (b) A public utility exercising the right of eminent domain as prescribed by this title shall be the exclusive judge of public need and necessity absent bad faith or the condemnor acting beyond the powers conferred upon it by law." SECTION 15. Said title is further amended by striking Code Section 22-2-102.2, relating to contents of petition to superior court for judgment in rem in cases of eminent domain, and inserting in its place a new Code section to read as follows: "22-2-102.2. The petition referred to in Code Section 22-2-102.1 shall set forth: (1) The facts showing the right to condemn; (2) The property or interest to be taken or damaged; (3) The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known; (4) A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected; and (5) A statement setting forth the necessity to condemn the private property and describing the public use for which the condemnor seeks the property; and (5)(6) Such other facts as are necessary for a full understanding of the cause." SECTION 16. Said title is further amended by striking Code Section 22-2-106, relating to compensation for special masters, and inserting in lieu thereof the following: "22-2-106. (a) The compensation of the special master shall be provided for by a proper order of the judge of the superior court; shall be included in and made a part of the judgment of the court condemning the property or any interest therein sought to be taken, such judgment to be based on the award of the special master; and shall be paid by the 2930 JOURNAL OF THE HOUSE condemning body; and shall not be less than 50.00 per day nor more than $250.00 per day for the time actually devoted to the hearing and consideration of the matter by the special master. Such compensation shall be left to the discretion of the court and shall not exceed a reasonable hourly rate consistent with local standards unless otherwise agreed upon by the parties with consent of the court. The compensation of the special master shall be assessed as court costs and shall be paid prior to the filing of any appeal from the judgment of the court; provided, however, that if such compensation has not been determined and assessed at the time of filing any such appeal, the same shall be paid within 30 days from the date of assessment. (b) The judge may allow the special master a reasonable period of time for personal inspection of the premises and may compensate the special master for his or her time spent inspecting the premises and for any actual expenses incurred by him the special master in connection with the inspection, provided that the special master shall file an affidavit with the court showing his or her time spent in inspection and itemizing his or her expenses." SECTION 17. Said title is further amended by striking Code Section 22-2-110, relating to the award of the special master in a condemnation hearing and the form used therein, and inserting in its place a new Code section to read as follows: "22-2-110. (a) The award of the special master or the special master panel, in the event such a panel exists, shall be filed with the clerk of the superior court of the county where the property or interest is situated within three days after the date on which such hearing is completed. (b) The award shall become a part of the record of the proceedings in said matter and shall condemn and vest title to the property or other interest in the condemning body upon the deposit by that body of the amount of the award into the registry of the court, subject to the demand of such condemnee or condemnees, according to their respective interests. (c) The award shall be in the following form: AWARD The special master appointed and chosen by the court to hear evidence and give full consideration to all matters touching upon the value of the property or interest sought to be condemned, as shown by the description of the property or interest in the case of ________________________ (condemning body) versus ________________________ (acres of land or other described interest in said land) and ________________________ (condemnee), Civil action file no._____ in superior court, having first taken the oath as required by law of the special master, the same having been filed with the clerk of the Superior Court of __________ County, and the special master panel, in the event such a panel exists, having heard evidence under THURSDAY, MARCH 9, 2006 2931 oath and given consideration to the value of such property or interest on the ______ day of ______________, at ___:___ _.M., as provided for in the order of the court, do decide and recommend to the court as follows: (1) I/We find and award to ______________, condemnee, the sum of $________, as the actual market value of the property or interest sought to be condemned; (2) I/We find consequential damages to the remaining property or interest in the amount of $________; (3) I/We find consequential benefits to the remaining property or interest in the amount of $________ (never to exceed the amount of the consequential damages); (4) I/We find and award to ____________, condemnee, the sum of $ __________, as the value of any associated moving costs; (4)(5) Balancing the consequential benefits against the consequential damages, I/we find and award to the condemnee in this case in the total sum of $________, and I/we respectfully recommend to the court that the said property or interest be condemned by a judgment in rem to the use of the condemnor upon the payment of the last stated sum into the registry of the court, subject to the demands of the condemnee. This ______ day of ______________, ____. ______________ Special Master ______________ Assessor ______________ Assessor (d) In any case where there is an appeal from the award of the special master or the special master panel, in the event such a panel exists, to a jury in the superior court, such award shall not be competent evidence. Any such appeal shall be a de novo investigation, and such award shall be detached from the papers in the case before the same are delivered to the jury." SECTION 18. Said title is further amended by striking Code Section 22-2-112, relating to the right of appealing the award of the special master in condemnation proceedings, and inserting in its place a new Code section to read as follows: "22-2-112. (a) If the condemnor or any condemnee is dissatisfied with the amount of the award, an appeal shall be filed within ten days from the entry of the award to the superior court of the county where the award is filed and the mailing of the award to the parties. In case any party is dissatisfied with the amount of the award, he or she may, within ten days after the award is filed, enter in writing an appeal from the award to the superior court of the county where the award is filed. The provisions of Code Section 22-2-84.1, relating to reasonable expenses incurred on appeal, shall apply to any appeal under this 2932 JOURNAL OF THE HOUSE Code section. At the term succeeding the filing of the appeal, it shall be the duty of the judge to cause an issue to be made and tried by a jury as to the value of the property or interest taken or the amount of damage done, with the same right to move for a new trial and file an appeal as in other cases at law. The entering of an appeal and the proceedings thereon shall not hinder or delay in any way the condemnor's work or the progress thereof. (b) The condemnee shall have the right to a jury trial on the issue of just and adequate compensation before the superior court having jurisdiction over the property sought to be condemned during the next term of court following the vesting of title in the condemnor. This right may be waived by the condemnee." SECTION 19. Said title is further amended by striking Code Section 22-2-131, relating to contents in a petition to the superior court for a judgment in rem, and inserting in its place a new Code section to read as follows: "22-2-131. (a) The petition referred to in Code Section 22-2-130 shall set forth: (1) The facts showing the right to condemn; (2) The property or interest to be taken or damaged; (3) The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known; (4) A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected; (5) Such other facts as are necessary for a full understanding of the cause; and (6) A statement setting forth the necessity to condemn the private property and describing the public use for which the condemnor seeks the property; and (6)(7) A prayer for such judgment of condemnation as may be proper and desired. (b) If any of the persons referred to in this Code section are minors or under disability, the fact shall be stated." SECTION 20. Said title is further amended by striking Code Section 22-2-132, relating to requirements of notice and service upon presenting a petition for a judgment in rem, and inserting in its place a new Code section to read as follows: "22-2-132. (a) Upon presentation of the petition, the presiding judge may shall issue an order requiring the condemnor, the owner of the property or of any interest therein, and the representative of any owner to appear at a time and place named in the order and make known their objections if any, rights, or claims as to the value of the property or of their interest therein, and any other matters material to their respective rights; provided, however, that if the petition includes affidavits from known and located persons with a legal claim, stating that such condemnees do not oppose the condemnation, no hearing pursuant to this Code section shall be required. THURSDAY, MARCH 9, 2006 2933 (b) The day named in the order shall be as early as may be convenient but shall be no less than 20 days from the date of the petition, due regard being given to the necessities of notice. (c) The order shall give appropriate directions for notice and the service thereof. (d) It shall not be necessary to attach any other process to the petition except the order referred to in subsection (a) of this Code section, and the cause shall proceed as in rem." SECTION 21. Said title is further amended by striking in its entirety Code Section 22-3-60, relating to persons constructing and operating waterworks authorized to lease, purchase, or condemn property or interests, and inserting in lieu thereof a new Code Section 22-3-60 to read as follows: "22-3-60. Any nongovernmental entity constructing, owning, or operating any waterworks or sanitary sewerage system, or both, in this state shall have the right, power, privilege, and authority to lease, purchase, or condemn property or any interest therein, including easements, or to receive donations or grants of property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and disposal system, or any combination of such systems or facilities; provided, however, that prior to condemning property in any political subdivision, any such entity shall first obtain the consent of the governing authority of such political subdivision, which consent may after the requirements of Chapter 1 of this title have been satisfied. Consent shall be granted by resolution or ordinance." SECTION 22. Said title is further amended by striking in its entirety Code Section 22-3-63, relating to authority to condemn property for the purpose of constructing a waterworks, water distribution system, sewage collection system, or sewage treatment and disposal system, and inserting in lieu thereof a new Code Section 22-3-63 to read as follows: "22-3-63. Any other provision of law to the contrary notwithstanding, any nongovernmental entity which: (1) Is privately owned and is operated under the collective management and control of the owners; (2) Was in the business of providing water supply and sewerage collection and disposal prior to July 1, 1978; (3) Has continuously owned a sanitary sewerage system since July 1, 1978, permitted by the Environmental Protection Division of the Department of Natural Resources; and (4) On May 1, 2000, owns and operates one or more sewerage collection treatment and disposal systems serving 1,000 or more customers 2934 JOURNAL OF THE HOUSE shall have the authority to condemn property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and disposal system, or any combination of such systems or facilities; provided, however, that such authority shall obtain the consent of the governing authority of the county or municipality that controls the land sought to be condemned in accordance with Code Section 22-3-60. The authority granted by this Code section shall extend only to such counties and those counties immediately adjacent to such counties in which such entity owned or operated such waterworks or systems or combination as of January 1, 2000; and provided, further, that the authority provided for in this Code section shall terminate with respect to any entity if any interest in such business is transferred to another person or entity except through inheritance." SECTION 23. Said title is further amended by striking in its entirety Code Section 22-4-3, relating to the applicability of Code Section 22-1-1, and inserting in lieu thereof a new Code Section 224-3 to read as follows: "22-4-3. The definitions contained in paragraphs (1) and (3) (5) and (7) of Code Section 22-1-1 shall not apply to this chapter." SECTION 24. Title 23 of the Official Code of Georgia Annotated, relating to equity, is amended by adding a new Code section to read as follows: "23-3-73. All municipalities, counties, and housing authorities shall have standing pursuant to this part." SECTION 25. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking subparagraph (C) of paragraph (3) of Code Section 36-41-2, relating to legislative findings and declaration of public necessity, and inserting in lieu thereof the following: "(C) Provide for the efficient and well-planned growth and development of the large municipalities, including the elimination and prevention of slum areas and blight blighted properties, and for the proper coordination of industrial facilities with public services, mass transportation facilities, and residential development, by providing an incentive for home ownership within the geographical limits of the large municipalities;" SECTION 26. Said title is further amended by striking subsection (b) of Code Section 36-42-8, relating to the powers of downtown development authorities generally, and inserting a new subsection (b) to read as follows: THURSDAY, MARCH 9, 2006 2935 "(b) The powers enumerated in each paragraph of subsection (a) of this Code section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this Code section and elsewhere in this chapter; and no such power limits or restricts any other power of the authority except that, notwithstanding any other provision of this chapter, no authority described in this chapter shall be granted the power of eminent domain." SECTION 27. Said title is further amended by repealing Code Section 36-42-8.1, relating to the use of the power of eminent domain by a municipality or downtown development authority. SECTION 28. Said title is further amended by repealing subsection (c) of Code Section 36-44-6, relating to a redevelopment agency's ability to delegate the power of eminent domain, which reads as follows: "(c) A downtown development authority which has been designated as a redevelopment agency pursuant to this chapter may exercise the powers of eminent domain subject to the procedures established in Chapter 42 of this title." SECTION 29. Said title is further amended by adding a new subsection to the end of Code Section 3644-7, relating to redevelopment plan proposals by a redevelopment agency, and inserting in its place the following: "(e) If any subsection of this Code section is in conflict with Title 22, the provisions of Title 22 shall control." SECTION 30. Said title is further amended by adding new paragraphs (2.1) and (4.1) and by striking paragraphs (17), (18), (19), (20), and (22) of Code Section 36-61-2, relating to definitions regarding urban development, and inserting in their place new paragraphs to read as follows: "(2.1) 'Blight' or 'blighted property' means: (A) Any urbanized or developed property which, as shown by government maintained statistics or other studies: (i) Presents one or more of the following conditions: (I) Uninhabitable, unsafe, or abandoned structures; (II) Inadequate provisions for ventilation, light, air, sanitation, or open spaces; (III) An imminent harm to life or other property caused by fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe respecting which the Governor has declared a state of emergency under state law or has certified the need for disaster assistance under federal law; (IV) A site identified by the federal Environmental Protection Agency as a Superfund site pursuant to 42 U.S.C. Section 9601, et seq., or environmental 2936 JOURNAL OF THE HOUSE contamination to an extent that requires remedial investigation or a feasability study; or (V) Repeated illegal use of individual structures and the maintenance of the property is below state, county, or municipal codes for at least one year after notice of the code violation; and (ii) Is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime in the redevelopment project area's present condition and use. Property which may be deemed esthetically substandard or deteriorating shall not meet the definition of blighted property unless the overall condition of the property results in ill health, transmission of disease, infant mortality, juvenile delinquency, or crime; or (B) Property having tax liens or special assessment delinquency exceeding the fair market value of the property." "(4.1) 'Clearance of blighted property and redevelopment' may include: (A) Acquisition of blighted property or a portion thereof; (B) Rehabilitation or demolition and removal of buildings and improvements; (C) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the urban redevelopment provisions of this chapter in accordance with the urban redevelopment plan; and (D) Making the land available for development or redevelopment by private enterprise or public agencies (including sale, initial leasing, or retention by the municipality or county itself) at its fair value for uses in accordance with the urban redevelopment plan." "(17) 'Rehabilitation' or 'conservation' may include the restoration and redevelopment of a slum area blighted property or a portion thereof, in accordance with an urban redevelopment plan, by: (A) Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements; (B) Acquisition of real property and rehabilitation or demolition and removal of buildings and improvements thereon where necessary to eliminate unhealthful, unsanitary, or unsafe conditions, to lessen density, to reduce traffic hazards, to eliminate obsolete or other uses detrimental to the public welfare, to otherwise remove or prevent the spread of slums or deterioration, or to provide land for needed public facilities; (C) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the urban redevelopment provisions of this chapter; and (D) The disposition of any property acquired in such urban redevelopment area, including sale, initial leasing or retention by the municipality or county itself, at its fair value for uses in accordance with the urban redevelopment plan. THURSDAY, MARCH 9, 2006 2937 (18) 'Slum area' means an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; existence of conditions which endanger life or property by fire and other causes; or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare. 'Slum area' also means an area which by reason of the presence of a substantial number of slum, deteriorated, or deteriorating structures; predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; unsanitary or unsafe conditions; deterioration of site or other improvements; tax or special assessment delinquency exceeding the fair value of the land; the existence of conditions which endanger life or property by fire and other causes; by having development impaired by airport or transportation noise or by other environmental hazards; or any combination of such factors substantially impairs or arrests the sound growth of a municipality or county, retards the provisions of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use. Reserved. (19) 'Slum clearance and redevelopment' may include: (A) Acquisition of a slum area or portion thereof; (B) Rehabilitation or demolition and removal of buildings and improvements; (C) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the urban redevelopment provisions of this chapter in accordance with the urban redevelopment plan; and (D) Making the land available for development or redevelopment by private enterprise or public agencies (including sale, initial leasing, or retention by the municipality or county itself) at its fair value for uses in accordance with the urban redevelopment plan. Reserved. (20) 'Urban redevelopment area' means a slum area blighted property which the local governing body designates as appropriate for an urban redevelopment project." "(22) 'Urban redevelopment project' may include undertakings or activities of a municipality or county in an urban redevelopment area for the elimination and for the prevention of the development or spread of slums blighted properties and may involve slum clearance of blighted property clearance and redevelopment in an urban redevelopment area, rehabilitation or conservation in an urban redevelopment area, or any combination or part thereof, in accordance with an urban redevelopment plan. Although the power of eminent domain may not be exercised for such purposes, such undertakings or activities may include: (A) Acquisition, without regard to any requirement that the area be a slum or blighted area property, of air rights in an area consisting of lands and highways, railway or subway tracks, bridge or tunnel entrances, or other similar facilities 2938 JOURNAL OF THE HOUSE which have a blighting influence on the surrounding area and over which air rights sites are to be developed for the elimination of such blighting influences and for the provision of housing and related facilities and uses designed for, and limited primarily to, families and individuals of low or moderate income; and (B) Construction of foundations and platforms necessary for the provision of air rights sites of housing and related facilities and uses designed for, and limited primarily to, families and individuals of low or moderate income or construction of foundations necessary for the provision of air rights sites for development of nonresidential facilities." SECTION 31. Said title is further amended by striking subsection (c) of Code Section 36-61-7, relating to the preparation of a redevelopment plan, and inserting new subsection (c) to read as follows: "(c) The local governing body of the municipality or county shall hold or shall cause some agency of the municipality or county to hold a public hearing on an urban redevelopment plan or a substantial modification of an approved urban redevelopment plan, after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the municipality or county. The notice shall describe the time, date, place, and purpose of the hearing, shall generally identify the urban redevelopment area covered by the plan, and shall outline the general scope of the urban redevelopment project under consideration." SECTION 32. Said title is further amended by striking Code Section 36-61-9, relating to the use of the power of eminent domain in urban redevelopment, and inserting in its place a new Code section to read as follows: "36-61-9. (a) Except as otherwise provided in subsection (c) of this Code section, a municipality or county shall have the right to acquire, by exercise of the power of eminent domain, any real property which it the governing authority may deem necessary for its purposes under this chapter the remedy of blight, after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. A municipality or county may exercise the power of eminent domain in the manner provided in Title 22; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain and in the manner set forth in this chapter. Property already devoted to a public use may be acquired, provided that no real property belonging to the municipality, the county, the state, or any political subdivision thereof may be acquired without its consent. (b) Whenever condemnation proceedings are instituted and carried on by a municipality or county in accordance with subsection (a) of this Code section or through any other method of condemnation provided by law, upon the payment by the THURSDAY, MARCH 9, 2006 2939 municipality or county seeking condemnation of the amount of the award and final judgment on appeal the municipality or county shall become vested with a fee simple indefeasible title to the property to which the condemnation proceedings relate. Such payment may be offset in whole or in part by the amount of any municipal or county tax liens on the condemned property and by any existing special assessments tax liens on the condemned property, including without limitation education or special district taxes collected by the municipality or county; provided, however, that any such setoff shall be subject to any existing tax liens having higher priority pursuant to Code Section 48-2-56 and to the interest in the condemned property of any known beneficiary of a year's support pursuant to Code Section 53-5-2 of the 'Pre-1998 Probate Code,' if applicable, or Code Sections 53-3-1, 53-3-2, 53-3-4, 53-3-5, and 53-3-7 of the 'Revised Probate Code of 1998'; provided, further, that where the condemned property is subject to a valid deed to secure debt, such setoff shall only be allowed for tax liens which arose as a result of an assessment against such property. It is declared to be necessary, to enable such municipalities and counties to exercise their powers under this Code section, that upon the condemnation proceedings being had, the municipalities and counties shall become vested with fee simple indefeasible title to the property involved in the proceedings. (c) Unless the property is to be acquired for the purpose of devoting it to a public use, a A municipality or county may not acquire real property through the exercise of the power of eminent domain pursuant to subsection (a) of this Code section until the following conditions and requirements have been met: (1) The municipality or county which adopted the urban redevelopment plan has approved a resolution authorizing the exercise of the power of eminent domain by the agency to acquire the property; (2) The municipality or county shall, in writing, notify the owner of the real property proposed to be acquired of the planned rehabilitation of the property as set forth in the urban redevelopment plan for the urban redevelopment area wherein the property is located; (3) The governing body of the municipality or county shall: (A) Not less than 15 days before any meeting at which such resolution is to be considered post a sign, if possible, in the right of way adjacent to each property that is subject to the proposed use of the eminent domain power stating the time, date, and place of such meeting; (B) Not less than 15 days before any meeting at which such resolution is to be considered mail notice to the property owner at the address of record, and if different from the property owner, to the parties in possession of the property, return receipt requested, or deliver such notice by statutory overnight delivery; (C) Ensure that any notice that is required by law to be published be placed in a newspaper of general circulation, but such notice shall not be published in the legal notices section of such newspaper; and (D) Ensure that any meeting at which such resolution is to be considered and voted on shall commence after 6:00 P.M.; 2940 JOURNAL OF THE HOUSE (3)(4)(A) Within 30 60 days after being so notified, the owner of the property shall have the option of notifying the municipality or county, in writing, of his or her willingness and intention to rehabilitate and maintain the property in accordance with the urban redevelopment plan. In the event of multiple ownership of the property, unanimous agreement by the owners shall be required; and the failure of any one owner to notify the municipality or county, within the time limitation specified in this paragraph, of his or her willingness and intention to rehabilitate and maintain the property in accordance with the urban redevelopment plan shall be deemed to be a failure to exercise the option provided in this paragraph; and. (B) Notice of proposed condemnations under a redevelopment plan shall: (i) Be posted in a conspicuous location on the site of the proposed condemnation at least 15 days prior to the condemnation hearing; (ii) Be mailed with return receipt requested to the property owner's address of record or sent by statutory overnight delivery; and (iii) Be placed in a newspaper of general circulation; and (4)(5) The owner of the property may execute an agreement with the municipality or county to rehabilitate the property in accordance with the urban redevelopment plan. Any such agreement shall be as the municipality or county deems necessary and appropriate as to form and content; in connection therewith, the municipality or county shall have the right to require sufficient performance, payment, and completion bonds. In the event that any such owner, at any time, fails to comply with or defaults in the performance of the provisions of the agreement, such property shall no longer be subject to the agreement, the option provided by paragraph (3) of this subsection shall no longer apply, and the property may be acquired by the municipality or county by purchase or through the exercise of the power of eminent domain. In the alternative, the municipality or county may either specifically enforce the agreement, exercise any rights under any bonds which may have been required, and obtain any other legal or equitable relief as may be available to the municipality or county or, if the owner fails to exercise the option to rehabilitate the property or defaults on the agreement to rehabilitate the property, the municipality or county may implement those portions of the urban development plan with respect to such property to the extent the municipality or county deems necessary and the costs of implementing such plan shall be a lien against the property enforceable in the same manner as tax liens. (d) Compliance with this Code section shall be in addition to and not in place of the requirements imposed by Title 22; provided, however, the requirements set forth in this Code section shall satisfy the requirements provided in Code Section 22-1-11." SECTION 33. Said title is further amended by designating the existing text of Code Section 36-62-6, relating to the general powers of a development authority, as subsection (a) and by adding a new subsection, to be designated subsection (b), to read as follows: THURSDAY, MARCH 9, 2006 2941 "(b) This Code section shall not be construed as authorizing an authority as defined in this chapter to exercise the power of eminent domain." SECTION 34. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 36-82-62, relating to power as to undertakings and issuance of revenue bonds by government bodies, and inserting in its place a new paragraph (1) to read as follows: "(1) To acquire, by gift, purchase, or the exercise of the right of eminent domain, and to construct, to reconstruct, to improve, to better, and to extend any undertaking wholly within or wholly outside the governmental body or partially within and partially outside the governmental body; and to acquire, by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands, and water rights in connection therewith. Each exercise of eminent domain pursuant to this chapter shall be approved by resolution of the governing authority of the city within which the property is located, if any, or otherwise by the governing authority of the county within which the property is located. A government authority acting under this Code section shall notify the property owner pursuant to Code Section 36-8286;". SECTION 35. Said title is further amended by inserting a new Code section to read as follows: "36-82-86. Any governing authority acting under Code Section 36-82-62 shall: (1) Not less than 15 days before any meeting at which such resolution is to be considered post a sign, if possible, in the right of way adjacent to each property that is subject to the proposed use of the eminent domain power stating the time, date, and place of such meeting; (2) Not less than 15 days before any meeting at which such resolution is to be considered mail notice to the property owner at the address of record, return receipt requested, or deliver such notice by statutory overnight delivery; (3) Ensure that any notice that is required by law to be published be placed in a newspaper of general circulation, but such notice shall not be published in the legal notices section of such newspaper; and (4) Ensure that any meeting at which such resolution is to be considered and voted on shall commence after 6:00 P.M." SECTION 36. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended in Code Section 8-3-3, relating to definitions, by inserting a new paragraph (2.1) to read as follows: "(2.1) 'Blight' or 'blighted property' means: (A) Any urbanized or developed property which, as shown by government maintained statistics or other studies: 2942 JOURNAL OF THE HOUSE (i) Presents one or more of the following conditions: (I) Uninhabitable, unsafe, or abandoned structures; (II) Inadequate provisions for ventilation, light, air, sanitation, or open spaces; (III) An imminent harm to life or other property caused by fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe respecting which the Governor has declared a state of emergency under state law or has certified the need for disaster assistance under federal law; (IV) A site identified by the federal Environmental Protection Agency as a Superfund site pursuant to 42 U.S.C. Section 9601, et seq., or environmental contamination to an extent that requires remedial investigation or a feasability study; or (V) Repeated illegal use of individual structures and the maintenance of the property is below state, county, or municipal codes for at least one year after notice of the code violation; and (ii) Is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime in the redevelopment project area's present condition and use. Property which may be deemed esthetically substandard or deteriorating shall not meet the definition of blighted property unless the overall condition of the property results in ill health, transmission of disease, infant mortality, juvenile delinquency, or crime; or (B) Property having tax liens or special assessment delinquency exceeding the fair market value of the property." SECTION 37. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking the term "slum area" and inserting in its place the term "blighted property" wherever the former occurs in: (1) Code Section 36-61-7, relating to preparation of redevelopment plan, approval, modification, and effect of approval; and (2) Code Section 36-61-17, relating to exercise of redevelopment powers by municipalities and counties and delegation to redevelopment agency or housing authority. SECTION 38. Said title is further amended by striking the term "slum areas" and inserting in its place the term "blighted properties" wherever the former occurs in: (1) Code Section 36-61-5, relating to resolution of necessity prerequisite to exercise of urban redevelopment powers; (2) Code Section 36-61-6, relating to formulation of workable program for urban redevelopment; and THURSDAY, MARCH 9, 2006 2943 (3) Code Section 36-61-10, relating to disposal of property in redevelopment area generally, notice and bidding procedures, exchange with veterans organization, and temporary operation of property. SECTION 39. Said title is further amended by striking the term "slums" and inserting in its place the term "blighted properties" wherever the former occurs in: (1) Code Section 36-61-6, relating to formulation of workable program for urban redevelopment; and (2) Code Section 36-61-10, relating to disposal of property in redevelopment area generally, notice and bidding procedures, exchange with veterans organization, and temporary operation of property. SECTION 40. Said title is further amended by striking paragraphs (1), (6), and (9) of Code Section 3661-8, relating to redevelopment powers of municipalities and counties generally, and inserting new paragraphs (1), (6), and (9) to read as follows: "(1) To undertake and carry out urban redevelopment projects within its area of operation; to make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this chapter; and to disseminate slum clearance of blighted property and urban redevelopment information;" "(6) Within their area of operation, to make or have made all plans necessary to the carrying out of the purposes of this chapter and to contract with any person, public or private, in making and carrying out such plans and to adopt or approve, modify, and amend such plans. Such plans may include, without limitation: (A) A general plan for the locality as a whole; (B) Urban redevelopment plans; (C) Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements, to include but not to be limited to making loans and grants from funds received from the federal government, as well as from funds received from the repayment of such loans and interest thereon, to persons, public or private, owning private housing for the purpose of financing the rehabilitation of such housing; (D) Plans for the enforcement of state and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements; and (E) Appraisals, title searches, surveys, studies, and other preliminary plans and work necessary to prepare for the undertaking of urban redevelopment projects. The municipality or county is authorized to develop, test, and report methods and techniques and to carry out demonstrations and other activities for the prevention and elimination of slums blighted properties and to apply for, accept, and utilize grants of funds from the federal government for such purposes;" 2944 JOURNAL OF THE HOUSE "(9) Within their areas of operation, to organize, coordinate, and direct the administration of the provisions of this chapter as they apply to such municipality or county, in order that the objective of remedying slums blighted properties and preventing the causes thereof within the municipality or county may be most effectively promoted and achieved, and to establish such new office or offices of the municipality or county or to reorganize existing offices in order to carry out such purpose most effectively." SECTION 41. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 4, 7, 11, 17, 18, 30, and 36 and Code Sections 22-112, 22-1-13, and 22-1-14 as enacted by Section 10 of this Act shall apply to causes of action pending on the effective date of this Act. SECTION 42. 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 Titles 8, 22, 23, and 36 of the Official Code of Georgia Annotated, relating buildings and housing, eminent domain, equity, and local government, respectively, so as to provide for the comprehensive revision of provisions regarding the power of eminent domain; to provide for a short title; to change certain provisions regarding a housing authority's power of eminent domain; to change certain provisions regarding the acquisition powers of housing authorities; to change certain provisions relating to legislative findings regarding blighted properties; to provide for a new definition of blighted properties; to provide for other definitions; to provide for a public use requirement for exercising the power of eminent domain; to change certain provisions relating to the power of eminent domain and the presumption of a public use; to provide for attorney's fees in certain cases challenging the use of eminent domain; to provide certain exemptions to the applicability of the power of eminent domain to public utilities; to change certain provisions relating to the General Assembly's power to determine when eminent domain may be exercised; to provide for certain changes regarding eminent domain to require a public use; to change certain provisions regarding when the use of eminent domain is allowed; to provide guidelines for the use of condemnation; to provide for practice and procedure relative to condemnation; to provide for testimony relative to the value of condemned property; to provide for expedited hearings; to repeal provisions relating to certain appeals from assessor's awards; to change compensation for special masters; to change provisions relating to the right of appealing the award of the special master in condemnation proceedings; to change provisions relating to the use of condemnation by waterworks; to grant standing to municipalities, counties, and housing THURSDAY, MARCH 9, 2006 2945 authorities to seek certain equitable remedies and proceedings; to provide for certain notification requirements; to provide for certain restrictions regarding the use of eminent domain under or in connection with a redevelopment plan and urban redevelopment; to change certain provisions regarding who must conduct public hearings relating to redevelopment plans; to provide for reacquisition of condemned property under certain circumstances; to provide for reimbursement of reasonable costs and expenses incurred because of condemnation proceedings; to provide for certain exemptions; to provide for revisions for purposes of conformity; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as "The Private Property Protection Act." SECTION 2. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by striking Code Section 8-3-31, relating to a housing authority's eminent domain power, and inserting in its place a new Code Section 8-3-31 to read as follows: "8-3-31. (a) After the adoption by the governing authority of the city or county of a resolution declaring that the acquisition of the real property described in the resolution is necessary for the purposes set forth in this chapter, a municipality, county, or housing authority An authority shall have the right to acquire by the exercise of the power of eminent domain any real property which is blighted and is deemed it may deem necessary for its the purposes of the resolution described in this subsection. The exercise of the power of eminent domain authorized by this chapter shall be in the manner provided by Title 22. under this article after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. An authority may exercise the power of eminent domain in the manner provided in Title 22; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired, except that no real property belonging to the city, the county, the state, or any political subdivision thereof may be acquired without the consent of such city, county, state, or other political subdivision. (b) Each exercise of eminent domain under this article shall be by resolution by the governing authority of the city within which the property is located, if any, or otherwise by the governing authority of the county within which the property is located. (c) Any governing authority acting under this Code section shall: (1) Not less than 15 days before any meeting at which such resolution is to be considered post a sign, if possible, in the right of way adjacent to each property that is 2946 JOURNAL OF THE HOUSE subject to the proposed use of the eminent domain power stating the time, date, and place of such meeting; (2) Not less than 15 days before any meeting at which such resolution is to be considered mail notice to the property owner at the address of record, and if different from the property owner, to the parties in possession of the property, return receipt requested, or deliver such notice by statutory overnight delivery; (3) Ensure that any notice that is required by law to be published be placed in a newspaper of general circulation, but such notice shall not be published in the legal notices section of such newspaper; and (4) Ensure that any meeting at which such resolution is to be considered and voted on shall commence after 6:00 P.M. (d) Compliance with this Code section shall be in addition to and not in the place of the requirements imposed by Chapter 1 of Title 22; provided, however, that the requirements set forth in this Code section shall satisfy the requirements provided in Code Section 22-1-11." SECTION 3. Said title is further amended by striking Code Section 8-4-2, relating to legislative findings regarding blighted areas, and inserting a new Code Section 8-4-2 to read as follows: "8-4-2. It is found and declared: (1) That there exist in many communities within this state blighted areas properties, as defined in Code Section 8-4-3, or areas properties in the process of becoming blighted; (2) That such areas impair economic values and tax revenues; that such areas properties cause an increase in and spread of disease and or crime and constitute a menace to the health, safety, morals, and welfare of the residents of the state; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities; (3) That the clearance, replanning, and preparation for rebuilding of these areas properties and the prevention of the reduction of blight and its causes are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern; (4) That there are also certain areas where the condition of the title, the diverse ownership of the land to be assembled, the street or lot layouts, or other conditions prevent a proper development of the land which cloud title preventing the free transfer of property; that it is in the public interest that such areas, as well as blighted areas, properties be acquired by eminent domain and made available for sound and wholesome development in accordance with a redevelopment plan; and that the exercise of the power of eminent domain and the financing of the acquisition and THURSDAY, MARCH 9, 2006 2947 preparation of land by a public agency for such redevelopment is likewise a public use and purpose; (5) That redevelopment activities will stimulate residential construction which is closely correlated with general economic activity; and that such undertakings authorized by this chapter will aid the production of better housing and more desirable neighborhood and community development at lower costs and will make possible a more stable and larger volume of residential construction, which will assist materially in achieving and maintaining full employment; (6) That there exists an emergency housing shortage of decent, safe, and sanitary dwellings for families of low income; and (7) That it is in the public interest that advance preparation for such projects and activities be made now; and that the necessity in the public interest for the provisions enacted by this chapter is declared as a matter of legislative determination." SECTION 4. Said title is further amended by striking Code Section 8-4-3, relating to definitions regarding blighted areas, and inserting in its place a new Code Section 8-4-3 to read as follows: "8-4-3. As used in this chapter, the term: (1) 'Blighted areas' means: (A) Areas in which there is a predominance of buildings or improvements, or which are predominantly residential in character, and which, by reason of: (i) Dilapidation, deterioration, age, or obsolescence; (ii) Inadequate provision for ventilation, light, air, sanitation, or open spaces; (iii) High density of population and overcrowding; (iv) The existence of conditions which endanger life or property by fire and other causes; or (v) Any combination of such factors, are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime and are detrimental to the public health, safety, morals, or welfare; and (B) Areas which, by reason of: (i) The predominance of defective or inadequate street layout; (ii) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (iii) Insanitary or unsafe conditions; (iv) Deterioration of site improvements; (v) Diversity of ownership; (vi) Tax or special assessment delinquency exceeding the fair value of the land; (vii) Defective or unusual conditions of title; (viii) Improper subdivision or obsolete platting; (ix) The existence of conditions which endanger life or property by fire or other causes; or 2948 JOURNAL OF THE HOUSE (x) Any combination of such factors, substantially impair or arrest the sound growth of the community, retard the provision of housing accommodations, or constitute an economic or social liability and are a menace to the public health, safety, morals, or welfare in their the area's present condition and use. (1) 'Blighted property' or 'blight' means: (A) Any urbanized or developed property which, as shown by government maintained statistics or other studies: (i) Presents two or more of the following conditions: (I) Uninhabitable, unsafe, or abandoned structures; (II) Inadequate provisions for ventilation, light, air, sanitation, or open spaces; (III) An imminent harm to life or other property caused by fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe respecting which the Governor has declared a state of emergency under state law or has certified the need for disaster assistance under federal law; (IV) A site identified by the federal Environmental Protection Agency as a Superfund site pursuant to 42 U.S.C. Section 9601, et seq., or environmental contamination to an extent that requires remedial investigation or a feasability study; or (V) Repeated illegal use of individual structures and the maintenance of the property is below state, county, or municipal codes for at least one year after notice of the code violation; and (ii) Is conducive to ill health, transmission of disease, infant mortality, or crime in the redevelopment project area's present condition and use. Property which may be deemed esthetically substandard or deteriorating shall not meet the definition of blighted property unless the overall condition of the property results in ill health, transmission of disease, infant mortality, or crime; or (B) Property having tax liens or special assessment delinquency exceeding the fair market value of the property. (2) 'Redevelopment plan' means a plan, other than a preliminary or tentative plan, for the acquisition, clearance, reconstruction, rehabilitation, or future use of a redevelopment project area. Such plan shall be sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements and to indicate the proposed land uses and building requirements in the redevelopment project area. (3) 'Redevelopment project' means: (A) Any work or undertaking to acquire blighted property areas or portions thereof, including lands, structures, or improvements, the acquisition of which is necessary or incidental to the proper clearance, development, or redevelopment of such blighted areas properties or to the prevention of the spread or recurrence of slum blighted conditions or conditions of blight; THURSDAY, MARCH 9, 2006 2949 (B) Any work or undertaking to clear any such areas blighted properties by demolition or removal of existing buildings, structures, streets, utilities, or other improvements thereon and to install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation of sites for uses in accordance with the redevelopment plan; (C) Any work or undertaking to sell, lease, or otherwise make available land in such areas blighted properties for residential, recreational, commercial, industrial, or other use, or for public use or to retain such land for public use, in accordance with the redevelopment plan; and (D) The preparation of a redevelopment plan; the planning, survey, and other work incident to a redevelopment project; and the preparation of all plans and arrangements for carrying out a redevelopment project." SECTION 5. Said title is further amended by striking Code Section 8-4-4, relating to the eminent domain powers of housing authorities, and inserting in its place a new Code Section 8-44 to read as follows: "8-4-4. (a) Any housing authority established pursuant to Article 1 of Chapter 3 of this title, the 'Housing Authorities Law,' is authorized to prepare or cause to be prepared redevelopment plans and to undertake redevelopment projects within its area of operation, in accordance with this chapter. In undertaking such redevelopment projects, a housing authority shall have all the rights, powers, privileges, and immunities that such authority has under Article 1 of Chapter 3 of this title, the 'Housing Authorities Law,' and any other provision of law relating to slum blight clearance and housing projects for persons of low income, including, without limiting the generality of the foregoing, the power to make and execute contracts, to issue bonds and other obligations and give security therefor, to acquire real property by eminent domain or purchase after the governing authority within which the property is located has approved the acquisition and provided notice pursuant to subsections (b) and (c) of this Code section, and to do any and all things necessary to carry out projects in the same manner as though all of the provisions of law applicable to slum blight clearance and housing projects were applicable to redevelopment projects undertaken under this chapter, provided that nothing contained in Code Sections 8-3-11 and 8-3-12 shall be construed as limiting the power of an authority, in the event of a default by a purchaser or lessee of land in a redevelopment plan, to acquire property and operate it free from the restrictions contained in said Code sections. (b) Each exercise of eminent domain under this chapter shall be by resolution by the governing authority of the city within which the property is located, if any, or otherwise by the governing authority of the county within which the property is located. (c) Any governing authority acting under this Code section shall: (1) Not less than 15 days before any meeting at which such resolution is to be considered post a sign, if possible, in the right of way adjacent to each property that is 2950 JOURNAL OF THE HOUSE subject to the proposed use of the eminent domain power stating the time, date, and place of such meeting; (2) Not less than 15 days before any meeting at which such resolution is to be considered mail notice to the property owner at the address of record and, if different from the property, to the parties in possession of the property, return receipt requested, or deliver such notice by statutory overnight delivery; (3) Ensure that any notice that is required by law to be published be placed in a newspaper of general circulation, but such notice shall not be published in the legal notices section of such newspaper; and (4) Ensure that any meeting at which such resolution is to be considered and voted on shall commence after 6:00 P.M. (d) Compliance with this Code section shall be in addition to and not in place of the requirements imposed by Chapter 1 of Title 22, except that the requirements set forth in this Code section shall satisfy the requirements provided in Code Section 22-1-11." SECTION 6. Said title is further amended by striking Code Section 8-4-8, relating to authorities acquiring and developing lands not within blighted areas for redevelopment projects, and inserting in its place a new Code section to read as follows: "8-4-8. (a) Upon a determination, by resolution, of the governing body of the city in which such land is located that the acquisition by purchase and development of undeveloped vacant land, not within a blighted area, is essential to the proper clearance or redevelopment of blighted areas or a necessary part of the general slum clearance program of the city, the acquisition by purchase, planning, preparation for development, or disposal of such land shall constitute a redevelopment project which may be undertaken by the authority in the manner provided in this chapter. The determination by the governing body shall not be made until such body finds that there is a shortage of decent, safe, and sanitary housing in the city; that such undeveloped vacant land will be developed for predominantly residential uses; and that the provision of decent, safe, and sanitary housing on such undeveloped vacant land is necessary to the relocation of families to be displaced from blighted areas in the city which are under redevelopment. (b) In the undertaking of redevelopment projects on a regional or unified metropolitan basis, which projects involve the acquisition by purchase and development of undeveloped vacant land in one city as an adjunct to the redevelopment of blighted areas in another city, each determination or finding required in this Code section shall be made by the governing body of the city with respect to which the determination or finding relates." SECTION 7. Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, is amended by striking Code Section 22-1-1, relating to eminent domain definitions, and inserting in its place a new Code Section 22-1-1 to read as follows: THURSDAY, MARCH 9, 2006 2951 "22-1-1. As used in this title, the term: (1) 'Blight' shall have the same meaning as set forth in Code Section 8-4-3. (2) 'Common carrier' means any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid. (3) 'Economic development' means any economic activity to increase tax revenue, tax base, employment, or general economic health, when the activity does not result in: (A) Transfer of land to public ownership; (B) Transfer of property to a private entity that is a public utility; (C) Transfer of property to a private entity when eminent domain will remove a threat to public health or safety, such as the removal of public nuisances, removal of structures beyond repair or that are unfit for human habitation or use, or acquisition of abandoned property; (D) Lease of property to private entities that occupy an incidental area within a public project; or (E) The remedy of blight. (4) 'Each person with a legal claim' means the owner of the property or of any remainder, reversion, mortgage, lease, security deed, or other claim in the property. (1)(5) 'Interest' means any title or nontitle interest other than fee simple title. (2)(6) 'Persons' means individuals, partnerships, associations, and corporations, domestic or foreign. (3)(7) 'Property' means fee simple title. (8)(A) 'Public use' means: (i) The possession, occupation, and enjoyment of the land by the general public or by public agencies; (ii) The use of land for the creation or functioning of public utilities; (iii) The opening of roads, the construction of defenses, or the providing of channels of trade or travel; (iv) The acquisition of property to cure an imminent, immediate, or ongoing harmful effect of the current use of the land, including the removal or abatement of public nuisances, structures that are beyond repair or that are unfit for human habitation or use, and the acquisition of abandoned property; (v) The acquisition of property where, after a proceeding to quiet title, persons with an interest in the property remain unknown and unanimous consent is received from each person with a legal claim; (vi) The remedy of blight; (vii) The acquisition of property where persons with a legal claim unanimously consent to the acquisition; or (viii) The remediation of blighted property for the purpose of creating a housing project as such term is defined in paragraph (10) of Code Section 8-3-3 which may include the transfer of ownership to private parties of residences within a housing project or use of a private enterprise agreement as defined in paragraph (13.1) of Code Section 8-3-3. 2952 JOURNAL OF THE HOUSE (B) The public benefit of economic development shall not constitute a public use. (9) 'Public utility' means any publicly, privately, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil products, water, steam, clay, waste, storm water not connected with highway drainage, and other similar services and commodities, including publicly owned fire and police and traffic signals and street lighting systems, which directly or indirectly serve the public. This term also means a person, municipal corporation, county, state agency, or public authority which owns or manages a utility as defined in this paragraph. This term shall also include common carriers." SECTION 8. Said title is further amended by striking Code Section 22-1-2, relating to the nature of eminent domain, and inserting in its place a new Code Section 22-1-2 to read as follows: "22-1-2. (a) The right of eminent domain is the right of the state, through its regular organization, to reassert, either temporarily or permanently, its dominion over any portion of the soil of the state on account of public exigency and for the public good. Thus, in time of war or insurrection the proper authorities may possess and hold any part of the territory of the state for the common safety; and in time of peace the General Assembly may authorize the appropriation of the same to public purposes, such as the opening of roads, construction of defenses, or providing channels for trade or travel. Notwithstanding any other provisions of law, neither this state nor any political subdivision thereof nor any other condemning entity shall use eminent domain unless it is necessary for public use. (b) If property acquired through the power of eminent domain from an owner fails to be put to the stated public use within 12 years, the former owner may initiate an action in superior court to reacquire the property. Where the condemnor has not undertaken an action to put the property to public use, the superior court may declare that the former owner or his or her assigns and heirs shall have the right to reacquire such property for the original condemnation price plus interest at the rate of 3.5 percent amortized annually. The condemnor shall provide notice to each person with a legal claim if the condemnor fails to put the property to public use within 12 years. Each person with a legal claim shall have the right to pursue reacquisition in accordance with this subsection within four years from the date of the notice. The court may award attorney's fees and expenses of litigation to each person with a legal claim who successfully pursues a remedy pursuant to this subsection. This subsection shall not apply to condemnations subject to Code Section 22-3-162. (c) In the case that property is acquired from more than one owner for the same public use and reacquisition by a single owner is impracticable, any party to the original condemnation or each person with a legal claim in such condemnation may file an action in the superior court where the property is located for an equitable resolution. This subsection shall not apply to condemnations subject to Code Section 22-3-162." THURSDAY, MARCH 9, 2006 2953 SECTION 9. Said title is further amended by striking Code Section 22-1-3, relating to the General Assembly's power to determine when eminent domain may be exercised, and inserting in its place a new Code Section 22-1-3 to read as follows: "22-1-3. (a) It is the province of the General Assembly to determine when the right of eminent domain may be exercised. If, however, under pretext of such necessity the General Assembly should pass a law authorizing the taking of property for private use rather than for public use, the courts should declare the law inoperative. (b) The court presiding over the condemnation shall determine, as a matter of law, whether the exercise of the power of eminent domain is for a public use. The condemning entity bears the burden of proof by the evidence presented that the condemnation is for an authorized public use." SECTION 10. Said title is further amended by inserting new Code sections to read as follows: "22-1-9. In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for property owners, and to promote public confidence in land acquisition practices, all condemnations shall, to the greatest extent practicable, be guided by the following policies and practices: (1) The condemnor shall make every reasonable effort to acquire expeditiously real property by negotiation; (2) Where the condemnor seeks to obtain a fee simple interest in real property, real property shall be appraised before the initiation of negotiations, and the owner or his or her designated representatives shall be given an opportunity to accompany the appraiser during his or her inspection of the property, except that the condemnor may, by law, rule, regulation, or ordinance, prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value; (3) Before the initiation of negotiations for fee simple interest for real property the condemnor shall establish an amount which the condemnor believes to be just compensation and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the condemnor's independent fee appraisal of the fair market value of such property. The condemnor shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount he or she established as just compensation. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated; (4) No owner shall be required to surrender possession of real property before the condemnor pays the agreed purchase price or deposits with the court in accordance with this title, for the benefit of the owner, an amount not less than the condemnor's 2954 JOURNAL OF THE HOUSE appraisal of the fair market value of such property or the amount of the award of compensation in the condemnation proceeding for such property; (5) The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling or to move his or her business or farm operation without at least 90 days written notice from the condemnor of the date by which such move is required; (6) If the condemnor permits an owner or tenant to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the condemnor on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier; (7) In no event shall the condemnor either advance the time of condemnation or defer negotiations or condemnation and the deposit of funds in court for the use of the owner or take any other bad faith action in order to compel an agreement on the price to be paid for the property; (8) If any legal interest in real property is to be acquired by exercise of the power of eminent domain, the condemnor shall institute formal condemnation proceedings. No condemnor shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his or her real property; or (9) A person whose real property is being acquired in accordance with this title may, after the person has been fully informed of his or her right to receive just compensation for such property, donate such property, any part thereof, any legal interest therein, or any compensation paid to a condemnor, as such person shall determine. 22-1-10. (a) Prior to the acquisition of any property pursuant to a redevelopment plan for blighted property, the condemnor shall file a petition in the superior court of the county which maintains jurisdiction over the property sought to be condemned. The petition shall set forth the reasons for the condemnation and provide a copy of the redevelopment plan. The condemnor shall provide notice of the petition to each person with a legal claim. (b) The superior court shall determine, after notice and hearing, whether the condemnor has the legal authority to exercise the power of eminent domain, including whether the property identified by the condemnor is blighted. The condemnor shall have the burden of proof. (c) The superior court may refer the matter to a special master. The special master shall file a report with the superior court providing all findings necessary to reach a decision. (d) The hearing shall occur no less than 30 days after the petition is filed. (e) The court having jurisdiction of a proceeding instituted by a condemnor to acquire real property by condemnation shall award the owner of any right or title to or interest in such real property such sum as will in the opinion of the court reimburse such owner THURSDAY, MARCH 9, 2006 2955 for his or her reasonable costs and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred, if: (1) The final judgment is that the condemnor cannot acquire the real property by condemnation; or (2) The proceeding is abandoned by the condemnor. 22-1-11. (a) Before any action to approve the condemnation of property, the condemnor shall provide notice of such action to each person with a legal claim, other than governmental bodies, by statutory overnight delivery or certified mail. (b) After the notice described in subsection (a) of this Code section is provided, the condemnor shall provide for a hearing of the condemnee or condemnees no less than 14 days after delivering or depositing the notice. The condemnor shall provide notice of the hearing to each person with a legal claim. The hearing shall be held by the condemning body authorized to institute the condemnation proceeding. If the condemnor is comprised of several persons, a quorum of the condemning body must attend the hearing. The hearing shall take place in the county of the property sought to be condemned. This subsection shall not apply to condemnations by public utilities or the Department of Transportation. (c) Except as provided in subsection (d) of this Code section, no action may be brought in any court of this state until at least 30 days after the date of the hearing described in subsection (b) of this Code section; provided, however, that this requirement shall not apply to condemnations by public utilities or the Department of Transportation. (d) If an emergency condition exists requiring the acquisition of property for the protection of the public health and safety, the condemnor may declare the existence of an emergency and adopt a resolution defining the emergency. Notice and hearing as required by this Code section may be waived by the condemning body in an emergency condition. (e) If the notice filed pursuant to this Code section includes affidavits from known and located persons, each with a legal claim, and the affidavits state that each person with a legal claim does not oppose the condemnation, a hearing as required by subsection (b) of this Code section may be waived. 22-1-12. In all actions where a condemnor exercises the power of eminent domain, the court having jurisdiction of a proceeding instituted by a condemnor to acquire real property by condemnation shall award the owner of any right or title to or interest in such real property such sum as will in the opinion of the court reimburse such owner for his or her reasonable costs and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings, if: (1) The final judgment is that the condemnor cannot acquire the real property by condemnation; or (2) The proceeding is abandoned by the condemnor. 2956 JOURNAL OF THE HOUSE 22-1-13. In addition to the types of relocation damages permissible under law, any condemnee that is displaced as a result of the condemnation shall be entitled to: (1) Actual reasonable expenses in moving himself or herself, his or her family, business, farm operation, or other personal property; (2) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation; and (3) Such other relocation expenses as authorized by law. 22-1-14. (a) When property is condemned under this title or any other title of this Code, the value of the condemned property may be determined through lay or expert testimony and its admissibility shall be addressed to the sound discretion of the court. (b) If any party to a condemnation proceeding seeks to introduce expert testimony as to the issue of just and adequate compensation, Code Section 24-9-67.1 shall not apply." SECTION 11. Said title is further amended by repealing Code Section 22-2-84.1, relating to appeals to superior court from assessor's award, reasonable expenses, and liability of cost relating to issues of law. SECTION 12. Said title is further amended by striking Code Section 22-2-100, relating to the definition of "condemning body" and "condemnor," and inserting in its place a new Code section to read as follows: "22-2-100. As used in this article, 'condemning body' or 'condemnor' means: (1) The State of Georgia or any branch of the government of the State of Georgia; (2) Any county or municipality of the State of Georgia; (3) Any housing authority with approval of the governing authority as provided in Code Section 8-4-4; (4) Any other political subdivision of the State of Georgia which is vested with the power of eminent domain; and (5) All public utilities that possess the right or power of eminent domain. All other persons possessing the right or power of eminent domain." SECTION 13. Said title is further amended by striking Code Section 22-2-102, relating to filing a petition of condemnation and certain requirements and rights attached to said petition, and inserting in its place a new Code section to read as follows: "22-2-102. (a) In addition to the requirements set forth in Chapter 1 of this title, whenever Whenever it is desirable, for any reason, to arrive at a quick and certain determination THURSDAY, MARCH 9, 2006 2957 of the compensation to be paid first to the condemnee for the taking or damaging of private property, the condemnor shall: (1) File file a petition in a superior court having jurisdiction for a judgment in rem against the property or interest therein, as provided in Code Section 22-2-130.; and (2) At or before the filing of the petition, the condemnor shall present a copy of the petition to a judge of the superior court of the county wherein the property or interest sought to be condemned is located. Thereupon, the judge shall have a hearing in court, in chambers, or by telephone with the parties not less than ten days nor more than 30 days from the filing of the petition to appoint a special master. After such hearing, the judge shall make an order requiring the condemnor, the person in possession of the property or interest, and any other person known to have any rights in the property each person with a legal claim or interest to appear at a hearing before a special master at a time and place specified in the order and to make known their rights, if any, in and to the property or interest sought to be condemned, their claims as to the value of the property or interest, and any other matters material to their respective rights. Except in condemnations for purposes of constructing or expanding one or more electric transmission lines, the (b) The hearing before the special master shall take place not less than ten 30 days nor more than 15 60 days after the date of service the entry of the order appointing the special master. In condemnations for purposes of constructing or expanding one or more electric transmission lines, the hearing before the special master shall take place not less than 30 days and not more than 40 days after the date of service of the order. (c) The order shall give such directions for notice and the service thereof as are appropriate and as are consistent with this article, in such manner as to provide most effectively an opportunity to all parties at interest to be heard. In condemnations for purposes of constructing or expanding one or more electric transmission lines, in addition to service of the order, a copy of the order shall be mailed by certified mail or sent by statutory overnight delivery to any person shown by the public ad valorem tax records of the county in which the property is located to have an interest in the property and to any other person having open and obvious possession of the property. It shall not be necessary to attach any other process to the petition except the order so made, and the cause shall proceed as in rem." SECTION 14. Said title is further amended by striking Code Section 22-2-102.1, relating to petitioning superior court for judgment in rem in cases of eminent domain, and inserting in its place a new Code section to read as follows: "22-2-102.1. (a) In addition to the requirements set forth in Chapter 1 of this title, whenever Whenever it shall be necessary for such condemning body to take or damage private property, or any interest or easement therein, in pursuance of any law so authorizing, for any public purpose use, and where, by reason of the necessities of the public needs, of which the condemning body shall be the exclusive judge, and it shall be desirable for 2958 JOURNAL OF THE HOUSE these reasons to have a quick and effective adjudication of the just and adequate compensation to be paid the owner or owners of such property before taking the same, and it shall be desirable to have a judicial ascertainment and judicial supervision of all questions and proceedings connected with the matter, such condemning body may, through any authorized representative, petition the superior court of the county having jurisdiction, for a judgment in rem against said property, or any easement or other interest in said property, condemning the same in fee simple to the use of the petitioner upon payment of just and adequate compensation therefor. (b) A public utility exercising the right of eminent domain as prescribed by this title shall be the exclusive judge of public need and necessity absent bad faith or the condemnor acting beyond the powers conferred upon it by law." SECTION 15. Said title is further amended by striking Code Section 22-2-102.2, relating to contents of petition to superior court for judgment in rem in cases of eminent domain, and inserting in its place a new Code section to read as follows: "22-2-102.2. The petition referred to in Code Section 22-2-102.1 shall set forth: (1) The facts showing the right to condemn; (2) The property or interest to be taken or damaged; (3) The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known; (4) A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected; and (5) A statement setting forth the necessity to condemn the private property and describing the public use for which the condemnor seeks the property; and (5)(6) Such other facts as are necessary for a full understanding of the cause." SECTION 16. Said title is further amended by striking Code Section 22-2-106, relating to compensation for special masters, and inserting in lieu thereof the following: "22-2-106. (a) The compensation of the special master shall be provided for by a proper order of the judge of the superior court; shall be included in and made a part of the judgment of the court condemning the property or any interest therein sought to be taken, such judgment to be based on the award of the special master; and shall be paid by the condemning body; and shall not be less than 50.00 per day nor more than $250.00 per day for the time actually devoted to the hearing and consideration of the matter by the special master. Such compensation shall be left to the discretion of the court and shall not exceed a reasonable hourly rate consistent with local standards unless otherwise agreed upon by the parties with consent of the court. The compensation of the special master shall be assessed as court costs and shall be paid prior to the filing of any appeal from the judgment of the court; provided, however, that if such compensation has not THURSDAY, MARCH 9, 2006 2959 been determined and assessed at the time of filing any such appeal, the same shall be paid within 30 days from the date of assessment. (b) The judge may allow the special master a reasonable period of time for personal inspection of the premises and may compensate the special master for his or her time spent inspecting the premises and for any actual expenses incurred by him the special master in connection with the inspection, provided that the special master shall file an affidavit with the court showing his or her time spent in inspection and itemizing his or her expenses." SECTION 17. Said title is further amended by striking Code Section 22-2-110, relating to the award of the special master in a condemnation hearing and the form used therein, and inserting in its place a new Code section to read as follows: "22-2-110. (a) The award of the special master or the special master panel, in the event such a panel exists, shall be filed with the clerk of the superior court of the county where the property or interest is situated within three days after the date on which such hearing is completed. (b) The award shall become a part of the record of the proceedings in said matter and shall condemn and vest title to the property or other interest in the condemning body upon the deposit by that body of the amount of the award into the registry of the court, subject to the demand of such condemnee or condemnees, according to their respective interests. (c) The award shall be in the following form: AWARD The special master appointed and chosen by the court to hear evidence and give full consideration to all matters touching upon the value of the property or interest sought to be condemned, as shown by the description of the property or interest in the case of ________________________ (condemning body) versus ________________________ (acres of land or other described interest in said land) and ________________________ (condemnee), Civil action file no._____ in superior court, having first taken the oath as required by law of the special master, the same having been filed with the clerk of the Superior Court of __________ County, and the special master panel, in the event such a panel exists, having heard evidence under oath and given consideration to the value of such property or interest on the ______ day of ______________, at ___:___ _.M., as provided for in the order of the court, do decide and recommend to the court as follows: (1) I/We find and award to ______________, condemnee, the sum of $________, as the actual market value of the property or interest sought to be condemned; (2) I/We find consequential damages to the remaining property or interest in the amount of $________; 2960 JOURNAL OF THE HOUSE (3) I/We find consequential benefits to the remaining property or interest in the amount of $________ (never to exceed the amount of the consequential damages); (4) I/We find and award to ____________, condemnee, the sum of $ __________, as the value of any associated moving costs; (4)(5) Balancing the consequential benefits against the consequential damages, I/we find and award to the condemnee in this case in the total sum of $________, and I/we respectfully recommend to the court that the said property or interest be condemned by a judgment in rem to the use of the condemnor upon the payment of the last stated sum into the registry of the court, subject to the demands of the condemnee. This ______ day of ______________, ____. ______________ Special Master ______________ Assessor ______________ Assessor (d) In any case where there is an appeal from the award of the special master or the special master panel, in the event such a panel exists, to a jury in the superior court, such award shall not be competent evidence. Any such appeal shall be a de novo investigation, and such award shall be detached from the papers in the case before the same are delivered to the jury." SECTION 18. Said title is further amended by striking Code Section 22-2-112, relating to the right of appealing the award of the special master in condemnation proceedings, and inserting in its place a new Code section to read as follows: "22-2-112. (a) If the condemnor or any condemnee is dissatisfied with the amount of the award, an appeal shall be filed in the superior court and such appeal shall be filed within ten days from the entry of the award or the mailing of the award to the parties, whichever last occurs. In case any party is dissatisfied with the amount of the award, he or she may, within ten days after the award is filed, enter in writing an appeal from the award to the superior court of the county where the award is filed. The provisions of Code Section 22-2-84.1, relating to reasonable expenses incurred on appeal, shall apply to any appeal under this Code section. At the term succeeding the filing of the appeal, it shall be the duty of the judge to cause an issue to be made and tried by a jury as to the value of the property or interest taken or the amount of damage done, with the same right to move for a new trial and file an appeal as in other cases at law. The entering of an appeal and the proceedings thereon shall not hinder or delay in any way the condemnor's work or the progress thereof. THURSDAY, MARCH 9, 2006 2961 (b) The condemnee shall have the right to a jury trial on the issue of just and adequate compensation before the superior court having jurisdiction over the property sought to be condemned during the next term of court following the vesting of title in the condemnor. This right may be waived by the condemnee." SECTION 19. Said title is further amended by striking Code Section 22-2-131, relating to contents in a petition to the superior court for a judgment in rem, and inserting in its place a new Code section to read as follows: "22-2-131. (a) The petition referred to in Code Section 22-2-130 shall set forth: (1) The facts showing the right to condemn; (2) The property or interest to be taken or damaged; (3) The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known; (4) A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected; (5) Such other facts as are necessary for a full understanding of the cause; and (6) A statement setting forth the necessity to condemn the private property and describing the public use for which the condemnor seeks the property; and (6)(7) A prayer for such judgment of condemnation as may be proper and desired. (b) If any of the persons referred to in this Code section are minors or under disability, the fact shall be stated." SECTION 20. Said title is further amended by striking Code Section 22-2-132, relating to requirements of notice and service upon presenting a petition for a judgment in rem, and inserting in its place a new Code section to read as follows: "22-2-132. (a) Upon presentation of the petition, the presiding judge may shall issue an order requiring the condemnor, the owner of the property or of any interest therein, and the representative of any owner to appear at a time and place named in the order and make known their objections if any, rights, or claims as to the value of the property or of their interest therein, and any other matters material to their respective rights; provided, however, that if the petition includes affidavits from known and located persons with a legal claim, stating that such condemnees do not oppose the condemnation, no hearing pursuant to this Code section shall be required. (b) The day named in the order shall be as early as may be convenient but shall be no less than 20 days from the date of the petition, due regard being given to the necessities of notice. (c) The order shall give appropriate directions for notice and the service thereof. 2962 JOURNAL OF THE HOUSE (d) It shall not be necessary to attach any other process to the petition except the order referred to in subsection (a) of this Code section, and the cause shall proceed as in rem." SECTION 21. Said title is further amended by striking in its entirety Code Section 22-3-60, relating to persons constructing and operating waterworks authorized to lease, purchase, or condemn property or interests, and inserting in lieu thereof a new Code Section 22-3-60 to read as follows: "22-3-60. Any nongovernmental entity constructing, owning, or operating any waterworks or sanitary sewerage system, or both, in this state shall have the right, power, privilege, and authority to lease, purchase, or condemn property or any interest therein, including easements, or to receive donations or grants of property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and disposal system, or any combination of such systems or facilities; provided, however, that prior to condemning property in any political subdivision, any such entity shall first obtain the consent of the governing authority of such political subdivision, which consent may after the requirements of Chapter 1 of this title have been satisfied. Consent shall be granted by resolution or ordinance." SECTION 22. Said title is further amended by striking in its entirety Code Section 22-3-63, relating to authority to condemn property for the purpose of constructing a waterworks, water distribution system, sewage collection system, or sewage treatment and disposal system, and inserting in lieu thereof a new Code Section 22-3-63 to read as follows: "22-3-63. Any other provision of law to the contrary notwithstanding, any nongovernmental entity which: (1) Is privately owned and is operated under the collective management and control of the owners; (2) Was in the business of providing water supply and sewerage collection and disposal prior to July 1, 1978; (3) Has continuously owned a sanitary sewerage system since July 1, 1978, permitted by the Environmental Protection Division of the Department of Natural Resources; and (4) On May 1, 2000, owns and operates one or more sewerage collection treatment and disposal systems serving 1,000 or more customers shall have the authority to condemn property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and disposal system, or any combination of such systems or facilities; provided, however, that such THURSDAY, MARCH 9, 2006 2963 authority shall obtain the consent of the governing authority of the county or municipality that controls the land sought to be condemned in accordance with Code Section 22-3-60. The authority granted by this Code section shall extend only to such counties and those counties immediately adjacent to such counties in which such entity owned or operated such waterworks or systems or combination as of January 1, 2000; and provided, further, that the authority provided for in this Code section shall terminate with respect to any entity if any interest in such business is transferred to another person or entity except through inheritance." SECTION 23. Said title is further amended by striking in its entirety Code Section 22-4-3, relating to the applicability of Code Section 22-1-1, and inserting in lieu thereof a new Code Section 224-3 to read as follows: "22-4-3. The definitions contained in paragraphs (1) and (3) (5) and (7) of Code Section 22-1-1 shall not apply to this chapter." SECTION 24. Title 23 of the Official Code of Georgia Annotated, relating to equity, is amended by adding a new Code section to read as follows: "23-3-73. All municipalities, counties, and housing authorities shall have standing pursuant to this part." SECTION 25. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking subparagraph (C) of paragraph (3) of Code Section 36-41-2, relating to legislative findings and declaration of public necessity, and inserting in lieu thereof the following: "(C) Provide for the efficient and well-planned growth and development of the large municipalities, including the elimination and prevention of slum areas and blight blighted properties, and for the proper coordination of industrial facilities with public services, mass transportation facilities, and residential development, by providing an incentive for home ownership within the geographical limits of the large municipalities;" SECTION 26. Said title is further amended by striking subsection (b) of Code Section 36-42-8, relating to the powers of downtown development authorities generally, and inserting a new subsection (b) to read as follows: "(b) The powers enumerated in each paragraph of subsection (a) of this Code section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this Code section and elsewhere in this chapter; and no such power 2964 JOURNAL OF THE HOUSE limits or restricts any other power of the authority except that, notwithstanding any other provision of this chapter, no authority described in this chapter shall be granted the power of eminent domain." SECTION 27. Said title is further amended by repealing Code Section 36-42-8.1, relating to the use of the power of eminent domain by a municipality or downtown development authority. SECTION 28. Said title is further amended by repealing subsection (c) of Code Section 36-44-6, relating to a redevelopment agency's ability to delegate the power of eminent domain, which reads as follows: "(c) A downtown development authority which has been designated as a redevelopment agency pursuant to this chapter may exercise the powers of eminent domain subject to the procedures established in Chapter 42 of this title." SECTION 29. Said title is further amended by adding a new subsection to the end of Code Section 3644-7, relating to redevelopment plan proposals by a redevelopment agency, and inserting in its place the following: "(e) If any subsection of this Code section is in conflict with Title 22, the provisions of Title 22 shall control." SECTION 30. Said title is further amended by adding new paragraphs (2.1) and (4.1) and by striking paragraphs (17), (18), (19), (20), and (22) of Code Section 36-61-2, relating to definitions regarding urban development, and inserting in their place new paragraphs to read as follows: "(2.1) 'Blight' or 'blighted property' means: (A) Any urbanized or developed property which, as shown by government maintained statistics or other studies: (i) Presents two or more of the following conditions: (I) Uninhabitable, unsafe, or abandoned structures; (II) Inadequate provisions for ventilation, light, air, sanitation, or open spaces; (III) An imminent harm to life or other property caused by fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe respecting which the Governor has declared a state of emergency under state law or has certified the need for disaster assistance under federal law; (IV) A site identified by the federal Environmental Protection Agency as a Superfund site pursuant to 42 U.S.C. Section 9601, et seq., or environmental contamination to an extent that requires remedial investigation or a feasability study; or THURSDAY, MARCH 9, 2006 2965 (V) Repeated illegal use of individual structures and the maintenance of the property is below state, county, or municipal codes for at least one year after notice of the code violation; and (ii) Is conducive to ill health, transmission of disease, infant mortality, or crime in the redevelopment project area's present condition and use. Property which may be deemed esthetically substandard or deteriorating shall not meet the definition of blighted property unless the overall condition of the property results in ill health, transmission of disease, infant mortality, or crime; or (B) Property having tax liens or special assessment delinquency exceeding the fair market value of the property." "(4.1) 'Clearance of blighted property and redevelopment' may include: (A) Acquisition of blighted property or a portion thereof; (B) Rehabilitation or demolition and removal of buildings and improvements; (C) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the urban redevelopment provisions of this chapter in accordance with the urban redevelopment plan; and (D) Making the land available for development or redevelopment by private enterprise or public agencies (including sale, initial leasing, or retention by the municipality or county itself) at its fair value for uses in accordance with the urban redevelopment plan." "(17) 'Rehabilitation' or 'conservation' may include the restoration and redevelopment of a slum area blighted property or a portion thereof, in accordance with an urban redevelopment plan, by: (A) Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements; (B) Acquisition of real property and rehabilitation or demolition and removal of buildings and improvements thereon where necessary to eliminate unhealthful, unsanitary, or unsafe conditions, to lessen density, to reduce traffic hazards, to eliminate obsolete or other uses detrimental to the public welfare, to otherwise remove or prevent the spread of slums or deterioration, or to provide land for needed public facilities; (C) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the urban redevelopment provisions of this chapter; and (D) The disposition of any property acquired in such urban redevelopment area, including sale, initial leasing or retention by the municipality or county itself, at its fair value for uses in accordance with the urban redevelopment plan. (18) 'Slum area' means an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; existence of conditions which endanger life or property by fire and other causes; or any 2966 JOURNAL OF THE HOUSE combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare. 'Slum area' also means an area which by reason of the presence of a substantial number of slum, deteriorated, or deteriorating structures; predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; unsanitary or unsafe conditions; deterioration of site or other improvements; tax or special assessment delinquency exceeding the fair value of the land; the existence of conditions which endanger life or property by fire and other causes; by having development impaired by airport or transportation noise or by other environmental hazards; or any combination of such factors substantially impairs or arrests the sound growth of a municipality or county, retards the provisions of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use. Reserved. (19) 'Slum clearance and redevelopment' may include: (A) Acquisition of a slum area or portion thereof; (B) Rehabilitation or demolition and removal of buildings and improvements; (C) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the urban redevelopment provisions of this chapter in accordance with the urban redevelopment plan; and (D) Making the land available for development or redevelopment by private enterprise or public agencies (including sale, initial leasing, or retention by the municipality or county itself) at its fair value for uses in accordance with the urban redevelopment plan. Reserved. (20) 'Urban redevelopment area' means a slum area blighted property which the local governing body designates as appropriate for an urban redevelopment project." "(22) 'Urban redevelopment project' may include undertakings or activities of a municipality or county in an urban redevelopment area for the elimination and for the prevention of the development or spread of slums blighted properties and may involve slum clearance of blighted property clearance and redevelopment in an urban redevelopment area, rehabilitation or conservation in an urban redevelopment area, or any combination or part thereof, in accordance with an urban redevelopment plan. Although the power of eminent domain may not be exercised for such purposes, such undertakings or activities may include: (A) Acquisition, without regard to any requirement that the area be a slum or blighted area property, of air rights in an area consisting of lands and highways, railway or subway tracks, bridge or tunnel entrances, or other similar facilities which have a blighting influence on the surrounding area and over which air rights sites are to be developed for the elimination of such blighting influences and for the provision of housing and related facilities and uses designed for, and limited primarily to, families and individuals of low or moderate income; and THURSDAY, MARCH 9, 2006 2967 (B) Construction of foundations and platforms necessary for the provision of air rights sites of housing and related facilities and uses designed for, and limited primarily to, families and individuals of low or moderate income or construction of foundations necessary for the provision of air rights sites for development of nonresidential facilities." SECTION 31. Said title is further amended by striking subsection (c) of Code Section 36-61-7, relating to the preparation of a redevelopment plan, and inserting new subsection (c) to read as follows: "(c) The local governing body of the municipality or county shall hold or shall cause some agency of the municipality or county to hold a public hearing on an urban redevelopment plan or a substantial modification of an approved urban redevelopment plan, after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the municipality or county. The notice shall describe the time, date, place, and purpose of the hearing, shall generally identify the urban redevelopment area covered by the plan, and shall outline the general scope of the urban redevelopment project under consideration." SECTION 32. Said title is further amended by striking Code Section 36-61-9, relating to the use of the power of eminent domain in urban redevelopment, and inserting in its place a new Code section to read as follows: "36-61-9. (a) Except as otherwise provided in subsection (c) of this Code section, a municipality or county shall have the right to acquire, by exercise of the power of eminent domain, any real property which it the governing authority may deem necessary for its purposes under this chapter the remedy of blight, after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. A municipality or county may exercise the power of eminent domain in the manner provided in Title 22; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain and in the manner set forth in this chapter. Property already devoted to a public use may be acquired, provided that no real property belonging to the municipality, the county, the state, or any political subdivision thereof may be acquired without its consent. (b) Whenever condemnation proceedings are instituted and carried on by a municipality or county in accordance with subsection (a) of this Code section or through any other method of condemnation provided by law, upon the payment by the municipality or county seeking condemnation of the amount of the award and final judgment on appeal the municipality or county shall become vested with a fee simple indefeasible title to the property to which the condemnation proceedings relate. Such payment may be offset in whole or in part by the amount of any municipal or county 2968 JOURNAL OF THE HOUSE tax liens on the condemned property and by any existing special assessments tax liens on the condemned property, including without limitation education or special district taxes collected by the municipality or county; provided, however, that any such setoff shall be subject to any existing tax liens having higher priority pursuant to Code Section 48-2-56 and to the interest in the condemned property of any known beneficiary of a year's support pursuant to Code Section 53-5-2 of the 'Pre-1998 Probate Code,' if applicable, or Code Sections 53-3-1, 53-3-2, 53-3-4, 53-3-5, and 53-3-7 of the 'Revised Probate Code of 1998'; provided, further, that where the condemned property is subject to a valid deed to secure debt, such setoff shall only be allowed for tax liens which arose as a result of an assessment against such property. It is declared to be necessary, to enable such municipalities and counties to exercise their powers under this Code section, that upon the condemnation proceedings being had, the municipalities and counties shall become vested with fee simple indefeasible title to the property involved in the proceedings. (c) Unless the property is to be acquired for the purpose of devoting it to a public use, a A municipality or county may not acquire real property through the exercise of the power of eminent domain pursuant to subsection (a) of this Code section until the following conditions and requirements have been met: (1) The municipality or county which adopted the urban redevelopment plan has approved a resolution authorizing the exercise of the power of eminent domain by the agency to acquire the property; (2) The municipality or county shall, in writing, notify the owner of the real property proposed to be acquired of the planned rehabilitation of the property as set forth in the urban redevelopment plan for the urban redevelopment area wherein the property is located; (3) The governing body of the municipality or county shall: (A) Not less than 15 days before any meeting at which such resolution is to be considered post a sign, if possible, in the right of way adjacent to each property that is subject to the proposed use of the eminent domain power stating the time, date, and place of such meeting; (B) Not less than 15 days before any meeting at which such resolution is to be considered mail notice to the property owner at the address of record, and if different from the property owner, to the parties in possession of the property, return receipt requested, or deliver such notice by statutory overnight delivery; (C) Ensure that any notice that is required by law to be published be placed in a newspaper of general circulation, but such notice shall not be published in the legal notices section of such newspaper; and (D) Ensure that any meeting at which such resolution is to be considered and voted on shall commence after 6:00 P.M.; (3)(4)(A) Within 30 60 days after being so notified, the owner of the property shall have the option of notifying the municipality or county, in writing, of his or her willingness and intention to rehabilitate and maintain the property in accordance with the urban redevelopment plan. In the event of multiple ownership of the THURSDAY, MARCH 9, 2006 2969 property, unanimous agreement by the owners shall be required; and the failure of any one owner to notify the municipality or county, within the time limitation specified in this paragraph, of his or her willingness and intention to rehabilitate and maintain the property in accordance with the urban redevelopment plan shall be deemed to be a failure to exercise the option provided in this paragraph; and. (B) Notice of proposed condemnations under a redevelopment plan shall: (i) Be posted in a conspicuous location on the site of the proposed condemnation at least 15 days prior to the condemnation hearing; (ii) Be mailed with return receipt requested to the property owner's address of record or sent by statutory overnight delivery; and (iii) Be placed in a newspaper of general circulation; and (4)(5) The owner of the property may execute an agreement with the municipality or county to rehabilitate the property in accordance with the urban redevelopment plan. Any such agreement shall be as the municipality or county deems necessary and appropriate as to form and content; in connection therewith, the municipality or county shall have the right to require sufficient performance, payment, and completion bonds. In the event that any such owner, at any time, fails to comply with or defaults in the performance of the provisions of the agreement, such property shall no longer be subject to the agreement, the option provided by paragraph (3) of this subsection shall no longer apply, and the property may be acquired by the municipality or county by purchase or through the exercise of the power of eminent domain. In the alternative, the municipality or county may either specifically enforce the agreement, exercise any rights under any bonds which may have been required, and obtain any other legal or equitable relief as may be available to the municipality or county or, if the owner fails to exercise the option to rehabilitate the property or defaults on the agreement to rehabilitate the property, the municipality or county may implement those portions of the urban development plan with respect to such property to the extent the municipality or county deems necessary and the costs of implementing such plan shall be a lien against the property enforceable in the same manner as tax liens. (d) Compliance with this Code section shall be in addition to and not in place of the requirements imposed by Title 22; provided, however, the requirements set forth in this Code section shall satisfy the requirements provided in Code Section 22-1-11." SECTION 33. Said title is further amended by designating the existing text of Code Section 36-62-6, relating to the general powers of a development authority, as subsection (a) and by adding a new subsection, to be designated subsection (b), to read as follows: "(b) This Code section shall not be construed as authorizing an authority as defined in this chapter to exercise the power of eminent domain." SECTION 34. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 2970 JOURNAL OF THE HOUSE 36-82-62, relating to power as to undertakings and issuance of revenue bonds by government bodies, and inserting in its place a new paragraph (1) to read as follows: "(1) To acquire, by gift, purchase, or the exercise of the right of eminent domain, and to construct, to reconstruct, to improve, to better, and to extend any undertaking wholly within or wholly outside the governmental body or partially within and partially outside the governmental body; and to acquire, by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands, and water rights in connection therewith. Each exercise of eminent domain pursuant to this chapter shall be approved by resolution of the governing authority of the city within which the property is located, if any, or otherwise by the governing authority of the county within which the property is located. A government authority acting under this Code section shall notify the property owner pursuant to Code Section 36-8286;". SECTION 35. Said title is further amended by inserting a new Code section to read as follows: "36-82-86. Any governing authority acting under Code Section 36-82-62 shall: (1) Not less than 15 days before any meeting at which such resolution is to be considered post a sign, if possible, in the right of way adjacent to each property that is subject to the proposed use of the eminent domain power stating the time, date, and place of such meeting; (2) Not less than 15 days before any meeting at which such resolution is to be considered mail notice to the property owner at the address of record, return receipt requested, or deliver such notice by statutory overnight delivery; (3) Ensure that any notice that is required by law to be published be placed in a newspaper of general circulation, but such notice shall not be published in the legal notices section of such newspaper; and (4) Ensure that any meeting at which such resolution is to be considered and voted on shall commence after 6:00 P.M." SECTION 36. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended in Code Section 8-3-3, relating to definitions, by inserting a new paragraph (2.1) to read as follows: "(2.1) 'Blight' or 'blighted property' means: (A) Any urbanized or developed property which, as shown by government maintained statistics or other studies: (i) Presents two or more of the following conditions: (I) Uninhabitable, unsafe, or abandoned structures; (II) Inadequate provisions for ventilation, light, air, sanitation, or open spaces; (III) An imminent harm to life or other property caused by fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe respecting which the THURSDAY, MARCH 9, 2006 2971 Governor has declared a state of emergency under state law or has certified the need for disaster assistance under federal law; (IV) A site identified by the federal Environmental Protection Agency as a Superfund site pursuant to 42 U.S.C. Section 9601, et seq., or environmental contamination to an extent that requires remedial investigation or a feasability study; or (V) Repeated illegal use of individual structures and the maintenance of the property is below state, county, or municipal codes for at least one year after notice of the code violation; and (ii) Is conducive to ill health, transmission of disease, infant mortality, or crime in the redevelopment project area's present condition and use. Property which may be deemed esthetically substandard or deteriorating shall not meet the definition of blighted property unless the overall condition of the property results in ill health, transmission of disease, infant mortality, or crime; or (B) Property having tax liens or special assessment delinquency exceeding the fair market value of the property." SECTION 37. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking the term "slum area" and inserting in its place the term "blighted property" wherever the former occurs in: (1) Code Section 36-61-7, relating to preparation of redevelopment plan, approval, modification, and effect of approval; and (2) Code Section 36-61-17, relating to exercise of redevelopment powers by municipalities and counties and delegation to redevelopment agency or housing authority. SECTION 38. Said title is further amended by striking the term "slum areas" and inserting in its place the term "blighted properties" wherever the former occurs in: (1) Code Section 36-61-5, relating to resolution of necessity prerequisite to exercise of urban redevelopment powers; (2) Code Section 36-61-6, relating to formulation of workable program for urban redevelopment; and (3) Code Section 36-61-10, relating to disposal of property in redevelopment area generally, notice and bidding procedures, exchange with veterans organization, and temporary operation of property. SECTION 39. Said title is further amended by striking the term "slums" and inserting in its place the term "blighted properties" wherever the former occurs in: (1) Code Section 36-61-6, relating to formulation of workable program for urban redevelopment; and 2972 JOURNAL OF THE HOUSE (2) Code Section 36-61-10, relating to disposal of property in redevelopment area generally, notice and bidding procedures, exchange with veterans organization, and temporary operation of property. SECTION 40. Said title is further amended by striking paragraphs (1), (6), and (9) of Code Section 3661-8, relating to redevelopment powers of municipalities and counties generally, and inserting new paragraphs (1), (6), and (9) to read as follows: "(1) To undertake and carry out urban redevelopment projects within its area of operation; to make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this chapter; and to disseminate slum clearance of blighted property and urban redevelopment information;" "(6) Within their area of operation, to make or have made all plans necessary to the carrying out of the purposes of this chapter and to contract with any person, public or private, in making and carrying out such plans and to adopt or approve, modify, and amend such plans. Such plans may include, without limitation: (A) A general plan for the locality as a whole; (B) Urban redevelopment plans; (C) Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements, to include but not to be limited to making loans and grants from funds received from the federal government, as well as from funds received from the repayment of such loans and interest thereon, to persons, public or private, owning private housing for the purpose of financing the rehabilitation of such housing; (D) Plans for the enforcement of state and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements; and (E) Appraisals, title searches, surveys, studies, and other preliminary plans and work necessary to prepare for the undertaking of urban redevelopment projects. The municipality or county is authorized to develop, test, and report methods and techniques and to carry out demonstrations and other activities for the prevention and elimination of slums blighted properties and to apply for, accept, and utilize grants of funds from the federal government for such purposes;" "(9) Within their areas of operation, to organize, coordinate, and direct the administration of the provisions of this chapter as they apply to such municipality or county, in order that the objective of remedying slums blighted properties and preventing the causes thereof within the municipality or county may be most effectively promoted and achieved, and to establish such new office or offices of the municipality or county or to reorganize existing offices in order to carry out such purpose most effectively." SECTION 41. THURSDAY, MARCH 9, 2006 2973 This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 4, 7, 11, 17, 18, 30, and 36 and Code Sections 22-112, 22-1-13, and 22-1-14 as enacted by Section 10 of this Act shall apply to causes of action pending on the effective date of this Act. SECTION 42. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, 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 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 Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 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 2974 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 173, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Jackson of the 161st 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. HR 1306. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others: A RESOLUTION proposing an amendment to the Constitution so as to require that the condemnation of property for redevelopment purposes must be approved by vote of the elected governing authority of the county or city in which the property is located; to restrict the use of eminent domain for redevelopment purposes to the elimination of affirmative harm; to provide that the use of eminent domain by counties and municipalities shall be subject to limitation by general law; to prohibit the use of eminent domain by certain nonelected local authorities; to provide for submission of this amendment for ratification or rejection; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION Proposing an amendment to the Constitution so as to require that the condemnation of property for redevelopment purposes must be approved by vote of the elected governing authority of the county or city in which the property is located; to restrict the use of eminent domain for redevelopment purposes to the elimination of harm; to provide that the use of eminent domain by counties and municipalities shall be subject to limitation by general law; to prohibit the use of eminent domain by certain nonelected local authorities; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article IX, Section II of the Constitution is amended by striking subparagraphs (a) and (b) of Paragraph VII and inserting in lieu thereof the following: "(a) The General Assembly may authorize any county, municipality, or housing authority to undertake and carry out community redevelopment, which may include the sale or other disposition of property acquired by eminent domain to private enterprise THURSDAY, MARCH 9, 2006 2975 for private uses. Each condemnation of privately held property for redevelopment purposes must be approved by vote of the elected governing authority of the city within which the property is located, if any, or otherwise by the governing authority of the county within which the property is located. The power of eminent domain shall not be used for redevelopment purposes by any entity, except where authorized by general law to eliminate an existing harm to the community from blighted property, as defined by general law, or where persons with a legal claim to the property unanimously consent to condemnation. (b) In addition to the authority granted by subparagraph (a) of this Paragraph, the The General Assembly is authorized to grant to counties or municipalities for redevelopment purposes and in connection with redevelopment programs, as such purposes and programs are defined by general law, the power to issue tax allocation bonds, as defined by such law, and the power to incur other obligations, without either such bonds or obligations constituting debt within the meaning of Section V of this article, and the power to enter into contracts for any period not exceeding 30 years with private persons, firms, corporations, and business entities. Notwithstanding the grant of these powers pursuant to general law, no county or municipality may exercise these powers unless so authorized by local law and unless such powers are exercised in conformity with those terms and conditions for such exercise as established by that local law. The provisions of any such local law shall conform to those requirements established by general law regarding such powers. No such local law, or any amendment thereto, shall become effective unless approved in a referendum by a majority of the qualified voters voting thereon in the county or municipality directly affected by that local law." SECTION 2. Said Article IX, Section II of the Constitution is further amended by striking Paragraph V and inserting in lieu thereof the following: "Paragraph V. Eminent domain. The governing authority of each county and of each municipality may exercise the power of eminent domain for any public purpose subject to any limitations on the exercise of such power as may be provided by general law. Notwithstanding the provisions of any local amendment to the Constitution continued in effect pursuant to Article XI, Section I, Paragraph IV or any existing general law, each exercise of eminent domain by a nonelected housing or development authority shall be first approved by the elected governing authority of the county or municipality within which the property is located." SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: 2976 JOURNAL OF THE HOUSE "( ) YES ( ) NO Shall the Constitution of Georgia be amended so as to prohibit the use of eminent domain by certain nonelected authorities and to prohibit the contested use of eminent domain for redevelopment purposes except to eliminate harm to a community from blighted property as defined by general law?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson 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 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 Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 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 THURSDAY, MARCH 9, 2006 2977 Y Cooper Y Cox Y Henson Y Hill, C Y Manning Y Marin Y Royal Y Rynders Y Yates Richardson, Speaker On the adoption of the Resolution, by substitute, the ayes were 174, nays 1. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. HR 1306 While HB 1313 contains many improvements over current law, there still remains the possibility that government can take private property & transfer it to another private entity. Since the bill does not prohibit the use of eminent domain for private development it is with reluctance that I must vote "NO". Franklin HB 1320. By Representatives Smith of the 70th, Burkhalter of the 50th, Ralston of the 7th, Willard of the 49th, Rice of the 51st and others: A BILL to be entitled an Act to extensively revise various provisions of the O.C.G.A. relating to littering and related environmental offenses; and for other purposes. The following Committee substitute was read: A BILL To extensively revise various provisions relating to littering and related environmental offenses; to provide a short title; to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to change certain provisions relating to littering public and private property; to change certain provisions relating to waste control; to provide for impoundment of vehicles involved in certain littering offenses; to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections and primaries generally, so as to change certain provisions relating to prohibited placement of campaign posters, signs, and advertisements; to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to change certain provisions relating to definitions relative to solid waste; to provide for reports by the Department of Community Affairs concerning prevention and abatement of litter; to change certain provisions relating to definitions relative to hazardous waste management; to change certain provisions relating to definitions relative to hazardous site response; to amend of Title 15 of the Official Code of Georgia Annotated, relating to 2978 JOURNAL OF THE HOUSE courts, so as to provide for jurisdiction of certain courts over littering offenses; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for trial of certain littering offenses upon a summons or citation without an accusation; to change certain provisions relating to acceptance of cash bonds in lieu of statutory bond or recognizance by officers or officials authorized to enforce the "Litter Control Law"; to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads generally, so as to change certain provisions relating to securing loads on vehicles; to change certain provisions relating to erection, placement, or maintenance of an unlawful or unauthorized structure and removal thereof; to change certain provisions relating to littering highways; to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, so as to provide for jurisdiction over littering offenses; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to suspension or revocation of drivers licenses of habitually negligent or dangerous drivers and the points system; to provide for editorial revisions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. This Act shall be known and may be cited as the "Comprehensive Litter Prevention and Abatement Act of 2006." PART II SECTION 2-1. Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by striking Part 2, relating to littering public and private property, and inserting in lieu thereof the following: "Part 2 16-7-40. This part shall be known and may be cited as the 'Litter Control Law.' Reserved. 16-7-41. Repealed. Reserved. 16-7-42. As used in this part, the term: THURSDAY, MARCH 9, 2006 2979 (1) 'Litter' means all discarded sand, gravel, slag, brickbats, rubbish, waste material, tin cans, refuse, garbage, trash, debris, dead animals, or other discarded materials of every kind and description which are not waste as such term is defined in paragraph (6) of Code Section 16-7-51 any discarded or abandoned: (A) Refuse, rubbish, junk, or other waste material; or (B) Dead animals that are not subject to the provisions of Code Section 4-5-4. (2) 'Public or private property' means the right of way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; and residential or farm properties, timberlands, or forests; or any commercial or industrial property. 16-7-43. (a) It shall be unlawful for any person or persons to dump, deposit, throw, or leave or to cause or permit the dumping, depositing, placing, throwing, or leaving of litter on any public or private property in this state or any waters in this state, unless: (1) The property area is designated by the state or by any of its agencies or political subdivisions for the disposal of litter and the person is authorized by the proper public authority to so use such property area; (2) The litter is placed into a nondisposable litter receptacle or container installed on such property designed for the temporary storage of litter and located in an area designated by the owner or tenant in lawful possession of the property; or (3) The person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare. (b)(1) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor. and, upon conviction thereof, shall be punished as follows: (1) By a fine of not less than $200.00 nor more than $1,200.00; and (2) In addition to the punishment provided under paragraph (1) of this subsection: (2)(A) In the sound discretion of the court, the person may be directed to pick up and remove from any public street or highway or public right of way for a distance not to exceed one mile any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or (B) In the sound discretion of the judge of the court, the person may be directed to pick up and remove from any public beach, public park, private right of way, or, with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence. (c)(1) The court may publish the names of persons cause to be published a notice of conviction for each person convicted of violating subsection (a) of this Code section. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of a nonresident, 2980 JOURNAL OF THE HOUSE in the legal organ of the county in which the person was convicted. Such notice of conviction shall contain the name and address of the convicted person; date, time, and place of arrest; and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed for the cost of publication of such notice, and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section. (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith. (d) Any county, municipality, consolidated government, or law enforcement agency thereof of this state which is empowered by Code Section 16-7-45 or other law to enforce the provisions of this Code section or local littering ordinances may, in its discretion, appoint any person who is a citizen of the United States, is of good moral character, and has not previously been convicted of a felony to enforce the provisions of this Code section or local littering ordinances within the county, or municipality, or consolidated government in which the appointing agency exercises jurisdiction. Each person appointed pursuant to this Code section shall take and subscribe an oath of office as prescribed by the appointing authority. Any person appointed and sworn pursuant to this subsection shall be authorized to enforce the provisions of this Code section or local littering ordinances in the same manner as any employee or law enforcement officer of this state or any county, or municipality, or consolidated government of this state subject to the limitations provided in subsections (e) and (f) of this Code section. (e) No person appointed pursuant to subsection (d) of this Code section shall be deemed a peace officer under the laws of this state or: (1) Be deemed to be an employee of or receive any compensation from the state, county, municipality, consolidated government, or appointing law enforcement agency; (2) Be required to complete any training or be certified pursuant to the requirements of Chapter 8 of Title 35; (3) Have the power or duty to enforce any other traffic or other criminal laws of the state, county, or municipality, or consolidated government; (4) Have the power to possess and carry firearms and other weapons for the purpose of enforcing the littering laws; or (5) Be entitled to any indemnification from the state, county, or municipality, or consolidated government for any injury or property damage sustained by such person as a result of attempting to enforce the littering laws of this state or any local government. THURSDAY, MARCH 9, 2006 2981 (f) Notwithstanding any law to the contrary, neither the state nor any county, municipality, or other political subdivision consolidated government of this state or any department, agency, board, or officer of this state or any county, municipality, or political subdivision consolidated government of this state shall be liable or accountable for or on account of any act or omission of any person appointed pursuant to this Code section in connection with such person's enforcement of the provisions of this Code section or local littering ordinances. (g) It shall be unlawful for any person willfully to obstruct, resist, impede, or interfere with any person appointed pursuant to this Code section in connection with such person's enforcement of this Code section or local littering ordinances or to retaliate or discriminate in any manner against such person as a reprisal for any act or omission of such person. Any violation of this subsection shall be punishable as a misdemeanor. 16-7-44. (a) Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle, boat, airplane, or other conveyance in violation of Code Section 16-7-43, it shall be prima-facie evidence the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that the operator of the conveyance has violated this part. (b) Except as provided in subsection (a) of this Code section, whenever any litter which is dumped, deposited, thrown, or left on public or private property in violation of Code Section 16-7-43 is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon in such a manner as to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that such person has violated this part. 16-7-45. All law enforcement agencies, officers, and officials of this state or any political subdivision thereof or any enforcement agency, officer, or any official of any commission or authority of this state or any political subdivision thereof is authorized, empowered, and directed to enforce compliance with this part. 16-7-46. All public authorities and agencies having supervision of properties of this state are authorized, empowered, and instructed to establish and maintain receptacles for the deposit of litter at appropriate locations where the property is frequented by the public, to post signs directing persons to the receptacles and serving notice of the provisions of this part, and to otherwise publicize the availability of litter receptacles and requirements of this part. 2982 JOURNAL OF THE HOUSE 16-7-47. (a) As used in this Code section, the term 'household garbage' means animal, vegetable, and fruit refuse matter and other refuse matter ordinarily generated as by-products of a household or restaurant, such as tin cans, bottles, paper, cardboard, plastics, and wrapping or packaging materials. (b) The governing authority of each county, municipality, or consolidated government of this state which provides containers for the dumping of trash or garbage therein shall be authorized to designate any or all such containers as being suitable for the dumping therein of household garbage only. If a container is clearly marked 'household garbage only,' it shall be unlawful for any person to dump any refuse or other material into the container other than household garbage. (c) It shall be unlawful for any person to set fire to the contents of, indiscriminately scatter or disperse the contents of, or otherwise vandalize any containers provided by any county, municipality, or consolidated government for the dumping of trash or garbage. (d) Any person who violates subsection (b) or (c) of this Code section shall be guilty of a misdemeanor. 16-7-48. (a) Nothing in this part shall limit the authority of any state agency, county, municipality, or consolidated government to enforce any other laws, rules, or regulations relating to litter. (b) Nothing within this part shall be construed to prohibit the adoption of local ordinances regulating and controlling litter within the corporate limits of a municipality jurisdiction of any county, municipality, or consolidated government. Violation of such ordinances shall be punished as provided in the municipal charter or local ordinances." SECTION 2-2. Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by striking Part 3, relating to waste control, and inserting in lieu thereof the following: "Part 3 16-7-50. This part shall be known and may be cited as the 'Waste Control Law.' Reserved. 16-7-51. As used in this part, the term: (1) 'Biomedical waste' means that term as defined in paragraph (1.1) of Code Section 12-8-22 on January 1, 1993. (2) 'Commercial purpose' means for the purpose of economic gain. (3) 'Dump' means to throw, discard, place, deposit, discharge, burn, or dispose of a substance. THURSDAY, MARCH 9, 2006 2983 (6)(4) 'Egregious litter' 'Waste' means all discarded substances and materials whatsoever litter, as such term is defined in paragraph (1) of Code Section 16-7-42, exceeding ten pounds in weight or 15 cubic feet in volume;, or any such discarded or abandoned substance in any weight or volume if biomedical waste, hazardous waste, or a hazardous substance, or; or any such substance or material dumped for commercial purposes. Such term includes, without limitation, sand; gravel; slag; brickbats; rubbish; waste material; tin cans; refuse; garbage; trash; debris; dead animals; bottles; boxes; containers; papers; tobacco products; tires; appliances; mechanical equipment or parts; building or construction materials; tools; machinery; wood; motor vehicles and motor vehicle parts; vessels; aircraft equipment; waste oil; batteries; antifreeze; sludge from a waste-water treatment facility, water supply treatment plant, or air pollution control facility; air contaminants from any source or facility; and any other discarded material or substance of every kind and description resulting from domestic, industrial, commercial, mining, or governmental operations. (4)(5) 'Hazardous substance' means that term as defined in paragraph (4) of Code Section 12-8-92 on January 1, 1993. (5)(6) 'Hazardous waste' means that term as defined in paragraph (10) of Code Section 12-8-62 on January 1, 1993. 16-7-52. It shall be unlawful for any person to dump waste egregious litter unless authorized to do so by law or by a duly issued permit: (1) In or on any public highway, road, street, alley, or thoroughfare, including any portion of the right of way thereof, or on any other public lands except in containers or areas lawfully provided for such dumping; (2) In or on any fresh-water lake, river, canal, or stream or tidal or coastal water of the state; or (3) In or on any private property, unless prior consent of the owner has been given and unless such dumping will not adversely affect the public health and is not in violation of any other state law, rule, or regulation. 16-7-53. (a) Any person who dumps waste egregious litter in violation of Code Section 16-7-52 in an amount not exceeding 500 pounds in weight or 100 cubic feet in volume which is not biomedical waste, hazardous waste, or a hazardous substance and not for commercial purposes shall be guilty of a misdemeanor of a high and aggravated nature. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation. (b) Any person who dumps waste egregious litter in violation of Code Section 16-7-52 in an amount exceeding 500 pounds in weight or 100 cubic feet in volume which is not biomedical waste, hazardous waste, or a hazardous substance and not for commercial purposes shall upon the first offense be guilty of a misdemeanor of a high and aggravated nature and shall upon. Upon the second and each subsequent offense such 2984 JOURNAL OF THE HOUSE person shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each violation or imprisoned for not more than two five years, or both; provided, however, that the portion of any term of imprisonment exceeding two years shall be probated conditioned upon payment of a fine imposed under this subsection. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation. (c) Any person who dumps waste egregious litter in violation of Code Section 16-7-52 in any quantity if the waste substance is biomedical waste, hazardous waste, or a hazardous substance or if the dumping is for commercial purposes shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each violation or imprisoned for not more than two five years, or both; provided, however, that the portion of any term of imprisonment exceeding two years shall be probated conditioned upon payment of a fine imposed under this subsection. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation. (d) In addition to the penalties provided in subsections (a) and (b) of this Code section, the court may order the violator to remove or render harmless any waste egregious litter dumped in violation of Code Section 16-7-52, repair or restore property damaged by or pay damages resulting from such dumping, or perform public service related to the removal of illegally dumped waste egregious litter or to the restoration of an area polluted by such waste substance. (e)(1) The court may cause to be published a notice of conviction for each person convicted of violating any provision of this Code section. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of a nonresident, in the legal organ of the county in which the person was convicted. Such notice of conviction shall contain the name and address of the convicted person; date, time, and place of arrest; and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed the cost of publication of such notice, and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section. (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith. 16-7-53.1. (a) Whenever a person has been arrested for a violation of Code Section 16-7-52 committed while driving, moving, or operating a vehicle, the arresting law enforcement agency may impound the vehicle that the person was driving, moving, or operating at THURSDAY, MARCH 9, 2006 2985 the time of arrest until such time as the arrestee claiming the vehicle meets the conditions for release in subsection (b) of this Code section or a person other than the arrestee meets the conditions for release in subsection (c) of this Code section. (b) A vehicle impounded pursuant to this Code section shall not be released unless the person claiming the vehicle: (1) Presents a valid driver's license, proof of ownership or lawful authority to operate the motor vehicle, and proof of valid motor vehicle insurance for that vehicle; and (2) Is able to operate the vehicle in a safe manner and would not be in violation of Title 40. (c) A vehicle impounded pursuant to this Code section may be released to a person other than the arrestee only if: (1) The vehicle is not owned or leased by the person under arrest and the person who owns or leases the vehicle claims the vehicle and meets the conditions for release in subsection (b) of this Code section; or (2) The vehicle is owned or leased by the arrestee, the arrestee gives written permission to another person to operate the vehicle, and the conditions for release in subsection (b) of this Code section are met. (d) A law enforcement agency impounding a vehicle pursuant to this Code section may charge a reasonable fee for towing and storage of the vehicle. The law enforcement agency may retain custody of the vehicle until that fee is paid. 16-7-54. Whenever any waste egregious litter which is dumped in violation of Code Section 167-52 is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon, addressed to such person or in any other manner indicating that the article belongs or belonged to such person, it shall be a rebuttable presumption the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that such person has violated this part. 16-7-55. (a) Nothing in this part shall limit the authority of any state agency, county, municipality, or consolidated government to enforce any other laws, rules, or regulations relating to waste egregious litter or the management of solid, biomedical, or hazardous waste. (b) Nothing within this part shall be construed to prohibit the adoption of local ordinances regulating and controlling egregious litter within the jurisdiction of any county, municipality, or consolidated government. Violation of such ordinances shall be punished as provided in the municipal charter or local ordinances. 16-7-56. Nothing in this part shall be construed so as to repeal, supersede, amend, or modify any provision of Title 12." 2986 JOURNAL OF THE HOUSE SECTION 2-3. Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections and primaries generally, and Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, are amended by striking Code Section 21-2-3, relating to prohibited placement of campaign posters, signs, and advertisements, and inserting in lieu thereof in said Article 2 of Chapter 7 of Title 16 the following: "Part 3A 21-2-3 16-7-58. (a) It shall be unlawful for any person to place campaign posters, signs, and or advertisements: (1) Within the right of way of any public streets, roads, or highways; (2)(1) On any public property or building, unless the owner thereof or the occupier as authorized by such owner has given permission to place such posters, signs, or advertisements on such property; provided, however, that signs within the rights of way of public roads shall be governed by Code Section 32-6-51; (3)(2) On any private property unless the owner thereof or the occupier as authorized by such owner has given permission to place such campaign posters, signs, and or advertisements on such property; or (4) Reserved; (5)(3) On any property zoned for commercial or industrial uses if the placement of such campaign posters, signs, and or advertisements conflicts with any zoning laws or ordinances. (b) Whenever any poster, sign, or advertisement placed in violation of this Code section contains writing which displays the name of a person thereon or in any other manner indicates that the poster, sign, or advertisement belongs or belonged to such person or promotes or advertises for the benefit of such person, the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that such person has violated this Code section. (c) Any poster, sign, or advertisement placed in violation of paragraph (1) of subsection (a) of this Code section is declared to be a public nuisance, and the officials having jurisdiction of the public property or building, including without limitation law enforcement officers, may remove or direct the removal of the same. (d) Each poster, sign, or advertisement placed in violation of this Code section shall constitute a separate offense. (b)(e) Any person who violates this Code section shall be guilty of a misdemeanor shall be punished the same as for littering under Code Section 16-7-43." PART III SECTION 3-1. THURSDAY, MARCH 9, 2006 2987 Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by striking paragraph (1.1) of Code Section 12-8-22, relating to definitions relative to solid waste, and inserting in lieu thereof the following: "(1.1) 'Biomedical waste' means pathological waste, biological waste cultures and stocks of infectious agents and associated biologicals, contaminated animal carcasses (body parts, their bedding, and other wastes from such animals), sharps, chemotherapy waste, discarded medical equipment and parts, not including expendable supplies and materials which have not been decontaminated, as further defined in Rule 391-3-4-.15 of the board as such rule existed on January 1, 2006, and other such waste materials." SECTION 3-2. Said chapter is further amended in Code Section 12-8-31, relating to a solid waste management plan, by adding a new subsection to read as follows: "(e) By December 31, 2006, and annually thereafter, the Department of Community Affairs, as part of the annual solid waste report required in subsection (d) of this Code section and in cooperation with state agencies and other entities involved in litter prevention or abatement, shall report to the Governor and the General Assembly the status of litter prevention and abatement in this state. The litter report shall include but not be limited to: (1) An itemization of expenditures made from the Solid Waste Trust Fund for the prevention and abatement of litter; (2) A compilation and analysis of litter prevention, collection, and enforcement efforts; (3) An assessment of littering in this state; (4) A statement of progress in achieving a litter prevention ethic; and (5) Recommendations for improving litter abatement and prevention efforts." SECTION 3-3. Said chapter is further amended by striking paragraph (10) of Code Section 12-8-62, relating to definitions relative to hazardous waste management, and inserting in lieu thereof the following: "(10) 'Hazardous waste' means any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1996 January 1, 2006, codified as 40 C.F.R. Section 261.3 and any designated hazardous waste." SECTION 3-4. Said chapter is further amended by striking paragraph (4) of Code Section 12-8-92, relating to definitions relative to hazardous site response, and inserting in lieu thereof the following: 2988 JOURNAL OF THE HOUSE "(4) 'Hazardous substance' means any substance listed on the List of Hazardous Substances and Reportable Quantities, codified as 40 C.F.R., Part 302, Table 302.4, in force and effect on February 1, 1996, or any substance listed on the List of Extremely Hazardous Substances and Their Threshold Planning Quantities, codified as 40 C.F.R., Part 355, Appendix A, in force and effect on February 1, 1996 January 1, 2006." SECTION 3-5. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new Code section to read as follows: "15-9-30.7. (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations. (b) A probate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled." SECTION 3-6. Said title is further amended by adding a new Code section to read as follows: "15-10-2.1. (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the magistrate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations. (b) A magistrate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled." SECTION 3-7. THURSDAY, MARCH 9, 2006 2989 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-6-9, relating to acceptance of cash bonds in lieu of statutory bond or recognizance by officers or officials authorized to enforce the "Litter Control Law," and inserting in lieu thereof the following: "17-6-9. Any law enforcement officer or official of a political subdivision of this state who is authorized to enforce Part 2 of Article 2 of Chapter 7 of Title 16, the 'Litter Control Law,' and who is authorized by the judge having jurisdiction of the offense to accept cash bonds may accept a cash bond for the personal appearance at trial of the person arrested in lieu of a statutory bond or recognizance. The procedures connected with such cash bonds, including, but not limited to, duties of the arresting officer, forfeiture, distribution of proceeds, and discretion of court as to disposal of the cash bond, shall be the same procedures applicable to arrest by a sheriff for a violation of any litter law." SECTION 3-8. Said title is further amended by adding a new Code section to read as follows: "17-7-73. In probate, magistrate, and municipal courts that have jurisdiction over violations of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that are punishable as misdemeanors in accordance with Code Section 15-9-30.7, 15-10-2.1, or 36-32-10.3 such offenses may be tried upon a summons or citation with or without an accusation." SECTION 3-9. Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads generally, and Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, are amended by striking Code Section 32-6-21, relating to securing loads on vehicles, and inserting in lieu thereof in said Title 40 the following: "32-6-21 40-6-248.1. (a) As used in this Code section, the term 'litter' has the meaning provided by paragraph (1) of Code Section 16-7-42. (a)(a.1) No vehicle shall be driven or moved on any public road unless such vehicle is constructed or loaded or covered so as to prevent any of its load from dropping, escaping, or shifting in such a manner as to create: (1) Create a safety hazard; or (2) Deposit litter on public or private property while such vehicle is on a public road. However, this Code section shall not prohibit the necessary spreading of any substance in public road maintenance or construction operations. (b) No person shall operate or load for operation, on any public road, any vehicle with any load unless such load and any covering thereon is securely fastened so as to prevent said covering or load from becoming: 2990 JOURNAL OF THE HOUSE (1) Becoming loose, detached, or in any manner becoming a hazard to other users of the public road; or (2) Depositing litter on public or private property while such vehicle is on a public road. (c) Nothing in this Code section nor any regulations based thereon shall conflict with federal, Georgia Public Service Commission, or Georgia Board of Public Safety regulations applying to the securing of loads on motor vehicles. (d) The provisions of paragraph (2) of subsection (a) and paragraph (2) of subsection (b) of this Code section and regulations based thereon shall not apply to vehicles carrying organic debris that escapes during the transportation of silage from field or farm to storage and storage to feedlot or vehicles or equipment carrying unginned cotton during the transportation of agricultural or farm products or silvicultural products from farm or forest to a processing plant or point of sale or use." SECTION 3-10. Said chapter is further amended by striking Code Section 32-6-51, relating to erection, placement, or maintenance of unlawful or unauthorized structure and removal thereof, and inserting in lieu thereof the following: "32-6-51. (a)(1) It shall be unlawful for any person to erect, place, or maintain within the right of way of any public road any sign, signal, or other device except as authorized by this subsection or subsection (d) of this Code section or as required or authorized by Code Section 32-6-50 or any other law. (2) The erection, placement, and maintenance of signs within the rights of way of county roads or municipal streets may be authorized and governed by ordinances adopted by governing authorities of counties and municipalities having jurisdiction over such roads or streets. (b) It shall be unlawful for any person to erect, place, or maintain in a place or position visible from any public road any unauthorized sign, signal, device, or other structure which: (1) Imitates, resembles, or purports to be an official traffic-control device; (2) Hides from view or interferes with the effectiveness of any official traffic-control device; (3) Obstructs a clear view from any public road to any other portion of such public road, to intersecting or adjoining public roads, or to property abutting such public road in such a manner as to constitute a hazard to traffic on such roads; or (4) Because of its nature, construction, or operation, constitutes a dangerous distraction to or interferes with the vision of drivers of motor vehicles. (c) Any sign, signal, device, or other structure erected, placed, or maintained on the right of way of any public road in violation of subsection (a) or (b) of this Code section or in violation of any ordinance adopted pursuant to subsection (a) of this Code section is declared to be a public nuisance, and the officials having jurisdiction of the public road affected may remove or direct the removal of the same. Where any sign, signal, THURSDAY, MARCH 9, 2006 2991 device, or other structure is erected, placed, or maintained in violation of subsection (b) of this Code section, but not on the right of way of any public road, the officials having jurisdiction of the public road affected may order the removal of such structure by written notice to the owner of the structure or the owner of the land on which the structure is located. If such structure is not removed within 30 days after the giving of such order of removal, such officials are authorized to remove or cause to be removed such structure and to submit a statement of expenses incurred in the removal to the owner of the structure or to the owner of the land on which the structure is located. If payment or arrangement to make payment is not made within 60 days after the receipt of said statement, the department shall certify the amount thereof for collection to the Attorney General. (d)(1) As used in this subsection, the term: (A) 'Bus shelter' means a shelter or bench located at bus stops for the convenience of passengers of public transportation systems owned and operated by governmental units or public authorities or located on county or municipality rights of way for the convenience of residents. (B) 'Commercial advertisement advertisements' means a any printed or painted sign encouraging or promoting the purchase or use of goods or services but does not include campaign posters, signs, or advertisements prohibited by Code Section 212-3 signs on a bus shelter for which space has been rented or leased from the owner of such shelter. (2) Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained on the rights of way of public roads subject to the following conditions and requirements: (A) Any public transit system wishing to erect and maintain a bus shelter on the right of way of a state road shall apply to the department for a permit, and as a condition of the issuance of the permit, the department must approve the bus shelter building plans and the location of the bus shelter on the right of way; provided, however, that such approval is subject to any and all restrictions imposed by Title 23, U.S.C., and Title 23, Code of Federal Regulations relating to the federal-aid system. This paragraph shall entitle only public transit systems or their designated agents the right to be issued permits under this paragraph; (B) If the bus shelter is to be located on the right of way of a public road other than a state road within a county or municipality, application for permission to erect and maintain such shelter shall be made to the respective county or municipality. Such application shall conform to the county's and municipality's regulations governing the erection and maintenance of such structures. When the county or municipality is served by a public transit agency or authority, the applications for all bus shelters on routes of such agency or authority shall also be forwarded by the applicant to such transit agency or authority and subject to the approval of such agency or authority; and (C) As a condition of issuing a permit for the erection of a bus shelter on the right of way of a state road, the department shall require that the bus shelter shall be 2992 JOURNAL OF THE HOUSE properly maintained and that its location shall meet minimum setback requirements as follows: (i) Where a curb and gutter are present, there shall be a minimum of four feet clearance from the face of the curb to any portion of the bus shelter or the bus shelter shall be placed at the back of the existing concrete sidewalk; or (ii) Where no curb or gutter is present, the front of the bus shelter shall be at least ten feet from the edge of the main traveled roadway. (3) Any bus shelter erected and maintained on the right of way of a public road in violation of paragraph (2) of this subsection or in violation of the conditions of the permit issued by the department or in violation of the conditions of the consent of the county or municipality is declared to be a public nuisance and if it is determined to be a hazard to public safety by the department, county, or municipality, it may be removed or its removal may be ordered by the department or the governing authority of the respective county or municipality. In every case of removal of a bus shelter as a hazard to public safety by the department, a county, or a municipality, a good faith attempt shall be made to notify the owner of its removal. In such cases where the department, county, or municipality orders the removal of the bus shelter as a public nuisance, if such a bus shelter is not removed by its owner within 30 days after its owner has been issued a written order of removal by the department or the governing authority of the respective county or municipality, the department or the governing authority of the respective county or municipality may cause the bus shelter to be removed and submit a statement of expenses incurred in the removal to the owner of the bus shelter. In the case of a statement of expenses for removal of a shelter on a state road, if payment or arrangement to make payment is not made within 60 days after the receipt of such statement, the department shall certify the amount thereof to the Attorney General for collection. (4) The person to whom a permit has been issued for the erection and maintenance of a bus shelter on the right of way of a public road or who places such shelter on a public road other than a state road shall at all times assume all risks for the bus shelter and shall indemnify and hold harmless the State of Georgia, the department, and any county or municipality against all losses or damages resulting solely from the existence of the bus shelter. (5) Permits for shelters on state roads shall be issued under this subsection only to cities, counties, or public transportation authorities owning or operating public transportation systems or their designated agents. (e) Whenever any sign placed in violation of subsection (a) of this Code section contains writing which displays the name of a person thereon or in any other manner indicates that the sign belongs or belonged to such person or promotes or advertises for the benefit of such person, the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that such person has violated this Code section. (f) Each sign erected, placed, or maintained in violation of paragraph (1) of subsection (a) of this Code section shall constitute a separate offense. THURSDAY, MARCH 9, 2006 2993 (g) Any person who violates paragraph (1) of subsection (a) of this Code section shall be punished the same as for littering under Code Section 16-7-43. Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor." SECTION 3-11. Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, is amended by adding a new Code section to read as follows: "36-32-10.3. (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the municipal courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations. (b) A municipal court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled." SECTION 3-12. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-57, relating to suspension or revocation of drivers licenses of habitually negligent or dangerous drivers and the points system, by striking subparagraph (c)(1)(A) and inserting in lieu thereof the following: "(c)(1)(A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule: Aggressive driving......................................................................................... 6 points Reckless driving ............................................................................................ 4 points Unlawful passing of a school bus.................................................................. 6 points Improper passing on a hill or a curve ............................................................ 4 points Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour ............................................................................ 2 points Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour ............................................................................ 3 points Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour ............................................................................ 4 points Exceeding the speed limit by 34 miles per hour or more.............................. 6 points Disobedience of any traffic-control device or traffic officer ........................ 3 points Too fast for conditions................................................................................... 0 points 2994 JOURNAL OF THE HOUSE Possessing an open container of an alcoholic beverage while driving ......... 2 points Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident or littering from a motor vehicle ................................................ 2 points Violation of child safety restraint requirements, first offense.........................1 point Violation of child safety restraint requirements, second or subsequent offense......................................................................................... 2 points All other moving traffic violations which are not speed limit Violations .....................................................................................................3 points" SECTION 3-13. Said title is further amended by striking Code Section 40-6-249, relating to littering highways, and inserting in lieu thereof the following: "40-6-249. A person Any person littering a highway in violation of Part 2 of Article 2 of Chapter 7 of Title 16, the 'Litter Control Law,' or driving, moving, or loading for operation a vehicle in violation of Code Section 40-6-248.1 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Code Section 16-7-43." PART IV SECTION 4-1. The Official Code of Georgia Annotated is amended by reserving the following former designations: (1) Code Section 32-6-21; and (2) Code Section 21-2-3. PART V SECTION 5-1. All laws and parts of laws in conflict with this Act are repealed. The following amendments were read and adopted: Representatives Smith of the 70th and O'Neal of the 146th move to amend the Committee substitute to HB 1320 by striking lines 12 through 17 of page 11. By striking (c) at the beginning of line 18 of page 11 and inserting (b) in lieu thereof. THURSDAY, MARCH 9, 2006 2995 By striking (d) at the beginning of line 22 of page 11 and inserting (c) in lieu thereof. By striking (b)(e) at the beginning of line 24 of page 11 and inserting (b)(d) in lieu thereof. By striking lines 10 through 14 of page 18. By striking (f) at the beginning of line 15 of page 18 and inserting (e) in lieu thereof. By striking (g) at the beginning of line 17 of page 18 and inserting (f) in lieu thereof. Representative Smith of the 70th moves to amend the Committee substitute to HB 1320 by striking line 21 of page 15 and inserting in lieu thereof the following: (a)(1) It shall be unlawful for any person to erect, place, or maintain within the dedicated right of By striking lines 25 through 28 of page 15 and inserting in lieu thereof the following: (2) The erection, placement, and maintenance of signs within the dedicated rights of way of county roads or municipal streets may be authorized and governed by ordinances adopted by governing authorities of counties and municipalities having jurisdiction over such roads or streets, which ordinances as to such dedicated rights of way of county roads or municipal streets may be as or less restrictive than the provisions of paragraph (1) of this subsection. By striking line 6 of page 16 and inserting in lieu thereof the following: 2996 JOURNAL OF THE HOUSE (c) Any sign, signal, device, or other structure erected, placed, or maintained on the dedicated right By striking line 12 of page 16 and inserting in lieu thereof the following: section, but not on the dedicated right of way of any public road, the officials having jurisdiction of Representatives Smith of the 70th, Ralston of the 7th, and Bearden of the 68th move to amend the Committee substitute to HB 1320 by striking line 31 of page 3 through line 11 of page 4 and inserting in lieu thereof the following: (c) The court may publish the names of persons convicted of violating subsection (a) of this Code section. By striking line 32 of page 8 and inserting in lieu thereof the following: (e)(1) The court shall cause to be published a notice of conviction for each person 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 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 Crawford Y Cummings N Davis N Day Y Dean N Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Freeman Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell N May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C E Sims, F Y Sinkfield 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 THURSDAY, MARCH 9, 2006 2997 Y Burmeister Y Burns Y 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 Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas N Lunsford Y Maddox Y Mangham Manning Y Marin 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 Rynders 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, as amended, the ayes were 156, nays 12. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Due to a mechanical malfunction, the vote of Representative Smith of the 113th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representatives Manning of the 32nd and Rynders of the 152nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1178. By Representatives Hill of the 180th, Channell of the 116th, Cooper of the 41st, Brown of the 69th, Jenkins of the 8th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons; to provide for a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; 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 4 of Title 26 of the Official Code of Georgia Annotated, relating to 2998 JOURNAL OF THE HOUSE pharmacists and pharmacies, so as to provide for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons; to provide for a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide for certain coverage for pharmacy restocking 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 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by adding a new Article 11 to read as follows: "ARTICLE 11 26-4-190. This article shall be known and may be cited as the 'Utilization of Unused Prescription Drugs Act.' 26-4-191. As used in this article, the term: (1) 'Controlled substance' means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I through V of 21 C.F.R. Part 1308. (2) 'Health care facility' means an institution which is licensed as a nursing home, intermediate care home, personal care home, home health agency, or hospice pursuant to Chapter 7 of Title 31. (3) 'Medically indigent person' means: (A) A person who is Medicaid eligible under the laws of this state; or (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. 26-4-192. (a) The Georgia State Board of Pharmacy, the Department of Human Resources, and the Department of Community Health shall jointly develop and implement a state-wide program consistent with public health and safety standards through which unused prescription drugs, other than prescription drugs defined as controlled substances, may THURSDAY, MARCH 9, 2006 2999 be transferred from health care facilities to pharmacies designated or approved by the Department of Human Resources for the purpose of distributing such drugs to residents of this state who are medically indigent persons. (b) The Georgia State Board of Pharmacy, the Department of Human Resources, and the Department of Community Health shall be authorized to develop and implement a pilot program to determine the safest and most beneficial manner of implementing the program prior to the state-wide implementation of the program required in subsection (a) of this Code section. (c) The Georgia State Board of Pharmacy, in consultation with the Department of Human Resources and the Department of Community Health, shall develop and promulgate rules and regulations to establish procedures necessary to implement the program and pilot program, if applicable, provided for in this Code section. The rules and regulations shall provide, at a minimum: (1) For an inclusionary formulary for the prescription drugs to be distributed pursuant to the program; (2) For the protection of the privacy of the individual for whom a prescription drug was originally prescribed; (3) For the integrity and safe storage and safe transfer of the prescription drugs, which may include, but shall not be limited to, limiting the drugs made available through the program to those that were originally dispensed by unit dose or an individually sealed dose and that remain in intact packaging; provided, however, that the rules and regulations shall authorize the use of any remaining prescription drugs; (4) For the tracking of and accountability for the prescription drugs; and (5) For other matters necessary for the implementation of the program. (d) The state-wide program required by this Code section shall be implemented no later than January 1, 2007, unless a pilot program is implemented pursuant to subsection (b) of this Code section, in which case state-wide implementation shall occur no later than July 1, 2008. 26-4-193. In accordance with the rules and regulations promulgated pursuant to Code Section 264-192, the resident of a health care facility, or the representative or guardian of a resident, may donate unused prescription drugs, other than prescription drugs defined as controlled substances, for dispensation to medically indigent persons. 26-4-194. (a) Physicians, pharmacists, other health care professionals, and health care facilities shall not be subject to liability for transferring or receiving unused prescription drugs pursuant to this article when acting within the scope of practice of their respective licenses and in good faith compliance with the rules and regulations promulgated pursuant to Code Section 26-4-192. (b) Pharmacists and pharmacies shall not be subject to liability for dispensing unused prescription drugs pursuant to this article when such services are provided without 3000 JOURNAL OF THE HOUSE reimbursement and when performed within the scope of their practice and in good faith compliance with the rules and regulations promulgated pursuant to Code Section 26-4192. For purposes of this subsection, a restocking fee paid to a pharmacy pursuant to Code Section 49-4-152.5 shall not be considered reimbursement. (c) Nothing in this Code section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of prescription drugs or its employees or agents under any legal claim, including but not limited to product liability claims. Drug manufacturers shall not be subject to liability for any acts or omissions of any physician, pharmacist, other health care professional, health care facility, or pharmacy providing services pursuant to this article. 26-4-195. This article shall be construed in concert with Code Section 49-4-152.3." SECTION 2. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended by adding a new Code section to read as follows: "49-4-152.5. In the provision of medical assistance pursuant to this article, the department shall allow for the payment and coverage of appropriate restocking fees incurred by a pharmacy which receives and dispenses prescription drugs pursuant to the 'Utilization of Unused Prescription Drugs Act' in Article 11 of Chapter 4 of Title 26." 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 E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y 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 Y Epps Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills 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 E Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P THURSDAY, MARCH 9, 2006 3001 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 Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C 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 Manning Y Marin 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 Rogers Y Royal Rynders Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson 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 166, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Manning of the 32nd and Rynders of the 152nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1030. By Representative Smith of the 129th: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: 3002 JOURNAL OF THE HOUSE A BILL To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, is amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their place new paragraphs (1) and (2) to read as follows: "(a)(1)(A) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. The provisions of this Code section shall control over the provisions of any local ordinance or resolution to the contrary enacted pursuant to Code Section 48-13-53 and in effect prior to July 1, 1998. Any such ordinance shall not be deemed repealed by this Code section but shall be administered in conformity with this Code section. (B)(i) The excise tax shall be imposed on any person or legal entity licensed by or required to pay a business or occupation tax to the governing authority imposing the tax for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value and shall apply to the furnishing for value of any room, lodging, or accommodation. Every person or entity subject to a tax levied as THURSDAY, MARCH 9, 2006 3003 provided in this Code section shall, except as provided in this Code section, be liable for the tax at the applicable rate on the lodging charges actually collected or, if the amount of taxes collected from the hotel or motel guest is in excess of the total amount that should have been collected, the total amount actually collected must be remitted. (ii) Any tax levied as provided in this Code section is also imposed upon every person or entity who is a hotel or motel guest and who receives a room, lodging, or accommodation that is subject to the tax levied under this Code section. Every such guest subject to the tax levied under this Code section shall pay the tax to the person or entity providing the room, lodging, or accommodation. The tax shall be a debt of the person obtaining the room, lodging, or accommodation to the person or entity providing such room, lodging, or accommodation until it is paid and shall be recoverable at law by the person or entity providing such room, lodging, or accommodation in the same manner as authorized for the recovery of other debts. The person or entity collecting the tax from the hotel or motel guest shall remit the tax to the governing authority imposing the tax, and the tax remitted shall be a credit against the tax imposed by division (i) of this subparagraph on the person or entity providing the room, lodging, or accommodation. (C)(i) The tax authorized by this Code section shall not apply to charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as a result of the destruction of their home or residence by fire or other casualty. The tax authorized by this Code section shall apply to the fees or charges for any rooms, lodgings, or accommodations during the first ten days of continuous occupancy and shall not apply to charges imposed for any continuous occupancy thereafter. The tax authorized by this Code section shall not apply to charges made for the use of meeting rooms and other such facilities or to any rooms, lodgings, or accommodations provided without charge. (ii) The tax authorized by this Code section shall not apply to the charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local governmental officials or employees when traveling on official business. Notwithstanding the availability of any other means of identifying the person as a state or local government official or employee, whenever a person pays for any rooms, lodgings, or accommodations with a state or local government credit or debit card, such rooms, lodgings, or accommodations shall be deemed to have been furnished for use by a Georgia state or local government official or employee traveling on official business for purposes of the exemption provided by this division. (D) Except as provided in paragraphs (2.1), (2.2), (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), (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. 3004 JOURNAL OF THE HOUSE (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), (2.2), (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), (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 2. Said article is further amended in subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, by adding a new paragraph immediately following paragraph (2.1), to be designated paragraph (2.2), to read as follows: "(2.2)(A) Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph, the term: (i) 'Charitable trust' shall have the meaning given such term in subsection (d) of Code Section 48-13-55. (ii) ' Development authority' shall mean a development authority created pursuant to Chapter 62 of Title 36, the 'Development Authorities Law.' (iii) 'Facility' or 'facilities' shall mean any of the buildings, structures, and facilities described in division (ii) of subparagraph (D) of this paragraph. (iv) 'Functionally related business' shall have the meaning given such term in subsection (d) of Code Section 48-13-55. (v) 'Fund' or 'funding' shall include the cost and expense of all things necessary for the construction and operation of a facility or facilities, including, but not limited to, the study, operation, marketing, acquisition, construction, financing (including the payment of principal of and interest on any obligation of a development authority to finance such facility or facilities or refund any obligation of a development authority previously issued to finance such facility or facilities), development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities and the repayment of any obligation incurred in connection therewith. (vi) 'Obligation' shall mean bonds, notes, or any instrument creating an obligation to pay or reserve moneys, having an initial term of not more than 35 years. THURSDAY, MARCH 9, 2006 3005 (vii) 'Related entity' shall mean, with respect to a charitable trust, a functionally related business of such charitable trust, or any for profit or not for profit entity owned by or under common ownership with such charitable trust or owned by or under common ownership with a functionally related business of such charitable trust or otherwise affiliated with such charitable trust in a manner approved by the development authority. (B) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) or any municipality within such county in which is located, in either case, a convention and conference center which is at least 50,000 square feet in size and is owned in fee simple by a development authority and leased by such development authority to a charitable trust or a related entity thereof, and in which county or municipality there exists a private sector nonprofit organization which, on or before December 31, 2005, entered into a contract or a memorandum of understanding with the county or municipality and the aforementioned charitable trust pursuant to Code Section 4813-55 relating to the expenditure of the proceeds of the tax collected under this Code section, may levy a tax under this Code section at a rate of 5 percent. (C) The proceeds of the taxes collected under this paragraph shall be expended pursuant to a contract or a memorandum of understanding between the county or municipality, the private sector nonprofit organization, and the charitable trust, and such proceeds may be expended by or for the benefit of the county or municipality, the private sector nonprofit organization, or the charitable trust and related entities thereof for the purposes described in subparagraph (D) of this paragraph, provided that the expenditure of the proceeds of the tax levied on a charitable trust or a functionally related business thereof shall meet the requirements of Code Section 48-13-55. (D) The proceeds of the taxes collected under this paragraph may be expended for any or all of the following purposes: (i) Promoting tourism, conventions, and trade shows; (ii) Promoting, attracting, stimulating, and developing conventions and tourism pursuant to Code Section 48-13-55; or (iii) Funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, infrastructure, and facilities which have the effect of promoting, attracting, stimulating, and developing conventions and tourism, including, but not limited to, a hotel facility and infrastructure and utility projects, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph, secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the county or municipality to impose and distribute the tax imposed by this paragraph shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph shall cease to levy the tax in any manner that will impair the interest and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such 3006 JOURNAL OF THE HOUSE obligation and, upon the issuance of any such obligation by a development authority, shall constitute a contract with the holder of such obligation." SECTION 3. 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), (2.2), (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), (5.2), or (5.3) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (2.1), (2.2), (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), (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), (2.2), (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), (5.2), or (5.3) of this subsection." SECTION 4. 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), (2.2), (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), (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), (2.2), (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), (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), (2.2), (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), (5.2), or (5.3) of this subsection, whichever is applicable, during the fiscal year; THURSDAY, MARCH 9, 2006 3007 (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), (2.2), (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), (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 government's auditor pertaining to noncompliance with this subparagraph to 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), (2.2), (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), (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. 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 Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw 3008 JOURNAL OF THE HOUSE 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 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 Y Ehrhart Y England Y Epps Everson 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 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 Maddox Y Mangham Manning Y Marin E Millar 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 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 Rogers Y Royal Rynders Y Sheldon Y Sims, C E Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren 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. Representatives Maddox of the 172nd and Manning of the 32nd 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 1301. By Representatives Martin of the 47th, Royal of the 171st, Chambers of the 81st, Jennings of the 82nd, Scott of the 2nd and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption for a limited period of time with respect to certain sales of food and groceries to a qualified food bank; to provide for procedures, conditions, and limitations; to provide for powers, duties, and THURSDAY, MARCH 9, 2006 3009 authority of the state revenue commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption for a limited period of time with respect to certain sales of eligible food and beverages to a qualified food bank; to provide for definitions; 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 repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by adding a new paragraph immediately following paragraph (57), to be designated paragraph (57.1), to read as follows: "(57.1)(A) From July 1, 2006, until June 30, 2008, sales of eligible food and beverages to a qualified food bank. (B) As used in this paragraph, the term: (i) 'Eligible food and beverages' means any food as defined in Section 3 of the federal Food Stamp Act of 1977 (P.L. 95-113), as amended, 7 U.S.C.A. 2012(g), as such Act existed on January 1, 1996, whether or not for off premises consumption. (ii) 'Qualified food bank' means any food bank which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and which is operated primarily for the purpose of providing hunger relief to low income persons residing in this state. (C) Any person making a sale of eligible food and beverages for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase the eligible food and beverages without paying the tax. (D) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph;" SECTION 2. This Act shall become effective on July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 3010 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: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Bridges Y Brooks 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 Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Keen Y Keown Y Kidd 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 Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar E 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 Y Parham Y Parrish Y Parsons Porter Y Powell Ralston Randall Y Ray Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Sailor Scheid Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C E Sims, F Sinkfield 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 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 143, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Keen of the 179th, Knox of the 24th, and Scott of the 153rd 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. THURSDAY, MARCH 9, 2006 3011 HB 1006. By Representative Ashe of the 56th: 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 certain persons and vehicles, so as to emphasize that the renewal registration fees for prestige plates are to be distributed in the same manner as the initial fees; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for certain persons and vehicles, so as to emphasize that the renewal registration fees for breast cancer program prestige plates are to be distributed in the same manner as the initial 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. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for certain persons and vehicles, is amended by striking paragraphs (1) and (2) of subsection (f) of Code Section 40-2-86.8, relating to the special license plate supporting breast cancer programs, and inserting in their place the following: "(f)(1) The funds derived from the sale of the special license plates provided by this Code section, including funds derived from the annual renewal registration fee received by the department on or after January 1, 2005, less a $1.00 processing fee which shall be granted to county tag offices per plate sold and less the actual cost of manufacturing such plates, shall be deposited in the Indigent Care Trust Fund created by Code Section 31-8-152 to fund cancer screening and treatment related programs for those persons who are medically indigent and may have breast cancer. To the extent consistent with Article III, Section IX, Paragraph VI(i) of the Constitution and Article 6 of Chapter 8 of Title 31, such programs may include education, breast cancer screening, grants-in-aid to breast cancer victims, pharmacy assistance programs for breast cancer victims, and other projects to encourage public support for the special license plate and the activities which it funds. (2) As soon as practicable after the end of each month, the commissioner shall report the net amount derived from the sale or renewal of such license plates, not including actual manufacturing costs, to the Office of Planning and Budget and the Department of Community Health." 3012 JOURNAL OF THE HOUSE 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 Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Bridges Y Brooks Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Burmeister Y Burns Butler Y Byrd Y Carter Y Casas Y Chambers Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Graves, D Y Graves, T 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, E Y Hudson Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Keen Y Keown 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 Y Marin Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar E Mills Mitchell Y Morgan Y Morris Y Mosby Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver O'Neal Y Orrock Parham Parrish Y Parsons Porter Y Powell Ralston Randall Y Ray Y Reece, B Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Scheid Scott, A Y Scott, M Setzler Shaw Y Sheldon Y Sims, C E Sims, F Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Smith, V Y Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 134, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. THURSDAY, MARCH 9, 2006 3013 Representatives Keen of the 179th and Scott of the 153rd 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 Barnard of the 166th District, Chairman of the Committee on State Institutions and Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions and Property has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1402 Do Pass, by Substitute Respectfully submitted, /s/ Barnard of the 166th Chairman The following Resolutions of the House were read and adopted: HR 1779. By Representatives Morgan of the 39th, Watson of the 91st, Thomas of the 55th and Teilhet of the 40th: A RESOLUTION commending Ayomide, Oladeji, and Olasina Awe; and for other purposes. HR 1780. By Representative Dollar of the 45th: A RESOLUTION commending Mr. David Lipton; and for other purposes. HR 1781. By Representatives Smyre of the 132nd, Smith of the 129th, Hugley of the 133rd, Smith of the 131st and Buckner of the 130th: A RESOLUTION honoring the life of Rozier Dedwylder and expressing regret at his passing; and for other purposes. HR 1782. By Representatives Maxwell of the 17th and Setzler of the 35th: A RESOLUTION celebrating the birthday and life of Mrs. Lillian Smith on the occasion of her 89th birthday; and for other purposes. HR 1783. By Representative Jenkins of the 8th: 3014 JOURNAL OF THE HOUSE A RESOLUTION commending Ms. Nanon G. Wiles on the occasion of her retirement; and for other purposes. HR 1784. By Representatives Dickson of the 6th and Williams of the 4th: A RESOLUTION commending New Hope Elementary School on receiving a Single Statewide Accountability System Platinum Award from the Governor's Office of Student Achievement; and for other purposes. HR 1785. By Representatives Murphy of the 23rd, Knox of the 24th and Amerson of the 9th: A RESOLUTION commending Mr. Dave Culpepper on being named Georgia's National Distinguished Principal for 2006; and for other purposes. HR 1786. By Representatives Gardner of the 57th, Orrock of the 58th and Ashe of the 56th: A RESOLUTION recognizing Mr. Doug Carl and Mr. Dedrick Muhammad for their excellence in public service; and for other purposes. HR 1787. By Representative O`Neal of the 146th: A RESOLUTION congratulating Cara Burgess on being named a Distinguished Finalist in the Prudential Spirit of Community Awards and commending her on her service to the community; and for other purposes. HR 1788. By Representatives Gardner of the 57th, Benfield of the 85th, Jacobs of the 80th, Henson of the 87th and Chambers of the 81st: A RESOLUTION recognizing Monica Agrwal, Kailyn LaPorte, and Eli Epstein and commending Kittredge Magnet School for High Achievers; and for other purposes. The Speaker Pro Tem assumed the Chair. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, MARCH 9, 2006 Mr. Speaker and Members of the House: THURSDAY, MARCH 9, 2006 3015 Your Committee on Rules has met and submits the following supplemental to the calendar already adopted this March 09, 2006, by adding the following: UNCONTESTED HOUSE/SENATE RESOLUTIONS HR 821 HR 1491 HR 1548 Vandiver, Governor Samuel E., Jr.; recommend naming building on University of Georgia campus Private James Boggan Memorial Bridge; name Chambers Crossing; dedicate DEBATE CALENDAR Open Rule HB 1073 HB 1246 HB 1273 HB 1316 HB 1496 Houston Judicial Circuit; number of judges; provisions State flag; deceased Georgia elected state officials; provide Security deposits; escrow accounts; change certain provisions High School Athletics Overview Committee; create Waycross Judicial Circuit; term of court; change Modified Open Rule HB 1421 Demand for trial; defendant present in court; require Modified Structured Rule None Structured Rule HB 834 HB 1120 HB 1435 Sales tax exemption; fuel for certain swine raising purposes Dealers' sales and use tax; estimated liability; change provisions Voting; persons with disabilities; provisions Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman 3016 JOURNAL OF THE HOUSE Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time: HB 1421. By Representatives Fleming of the 117th, Ralston of the 7th and Hatfield of the 177th: A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demand for trial and announcement of readiness for trial, so as to require that a defendant be present in court and announce ready for trial if a demand for trial is filed; to require that a demand for trial be filed and served as a separate document and labeled as a demand for trial; to change provisions relating to demand for trial and service of the demand; to provide for other related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change provisions relating to demand for trial and announcement of readiness for trial; to require a demand for speedy trial be filed and served as a separate document and labeled as a demand for speedy trial; to change provisions relating to demand for speedy trial and service of such demand; to provide for procedures relating to demand for speedy trial in capital cases; to correct cross-references; to amend Code Section 38-3-62 of the Official Code of Georgia Annotated, relating to suspension or tolling of deadlines and time schedules in the event of a judicial emergency, so as to correct a cross-reference; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-7-170, relating to demands for trial, and inserting in lieu thereof the following: "17-7-170. (a) Any person defendant against whom a true bill of indictment or an accusation is filed with the clerk for an offense not affecting the person's defendant's life may enter a demand for speedy trial at the court term at which the indictment or accusation is filed or at the next succeeding regular court term thereafter; or, by special permission of the court, he or she the defendant may at any subsequent court term thereafter demand a THURSDAY, MARCH 9, 2006 3017 speedy trial. In either case, the demand for speedy trial shall be filed with the clerk of court and served upon the prosecutor and upon the judge to whom the case is assigned or, if the case is not assigned, upon the chief judge of the court in which the case is pending. A demand for speedy trial filed pursuant to this Code section shall be filed as a separate, distinct, and individual document and shall not be a part of any other pleading or document. Such demand shall clearly be titled 'Demand for Speedy Trial'; reference this Code section within the pleading; identify the indictment number or accusation number for which such demand is being made; and include the name of the judge to whom the case is assigned or, if the case is not assigned, the name of the chief judge of the court in which the case is pending. The demand for speedy trial shall be binding only in the court in which the demand for speedy trial is filed, except where the case is transferred from one court to another without a request from the defendant. (b) If the person defendant is not tried when the demand for speedy trial is made or at the next succeeding regular court term thereafter, provided that at both court terms there were juries impaneled and qualified to try the person, defendant, the person defendant shall be absolutely discharged and acquitted of the offense charged in the indictment or accusation. For purposes of computing the term at which a misdemeanor must be tried under this Code section, there shall be excluded any civil term of court in a county in which civil and criminal terms of court are designated; and for purposes of this Code section it shall be as if such civil term was not held. (c) Any demand for speedy trial filed pursuant to this Code section shall expire at the conclusion of the trial or upon the defendant entering a plea of guilty or nolo contendere. (d) If a case in which a demand for speedy trial has been filed, as provided in this Code section, is reversed on direct appeal, a new demand for speedy trial must shall be filed within the term of court in which the remittitur from the appellate court is received by the clerk of court or at the next succeeding regular court term thereafter. (e) If the case in which a demand for speedy trial has been filed as provided in this Code section results in a mistrial, the case shall be tried at the next succeeding regular term of court." SECTION 2. Said title is further amended by striking Code Section 17-7-171, relating to time for demand for trial in capital cases, and inserting in lieu thereof the following: "17-7-171. (a) Any person accused of a capital offense may enter a demand for speedy trial at the term of court at which the indictment is found or at the next succeeding regular term thereafter; or, by special permission of the court, he the defendant may at any subsequent term thereafter demand a speedy trial. The demand for speedy trial shall be filed with the clerk of court and served upon the prosecutor and upon the judge to whom the case is assigned or, if the case is not assigned, upon the chief judge of the court in which the case is pending. A demand for trial filed pursuant to this Code section shall be filed as a separate, distinct, and individual document and shall not be a 3018 JOURNAL OF THE HOUSE part of any other pleading or document. Such demand shall clearly be titled 'Demand for Speedy Trial'; reference this Code section within the pleading; identify the indictment number or accusation number for which such demand is being made; and include the name of the judge to whom the case is assigned or, if the case is not assigned, the name of the chief judge of the court in which the case is pending. The demand for speedy trial shall be binding only in the court in which such demand is filed, except where the case is transferred from one court to another without a request from the defendant. (b) If more than two regular terms of court are convened and adjourned after the term at which the demand for speedy trial is filed and the defendant is not given a trial, then he the defendant shall be absolutely discharged and acquitted of the offense charged in the indictment, provided that at both terms there were juries impaneled and qualified to try the defendant and provided, further, that the defendant was present in court announcing ready for trial and requesting a trial on the indictment. (c) In cases involving a capital offense for which the death penalty is sought, if a demand for speedy trial is entered, the counting of terms under subsection (b) of this Code section shall not begin until the convening of the first term following the completion of pretrial review proceedings in the Supreme Court under Code Section 17-10-35.1." SECTION 3. Said title is further amended by striking Code Section 17-7-172, relating to requirement of announcement of readiness for trial prior to announcement by defendant, and inserting in lieu thereof the following: "17-7-172. The state shall be required in every case to announce ready or not ready for trial, except in those cases where the defendant is entitled by law to demand a speedy trial, before the defendant shall be called on to make such announcement." SECTION 4. Said title is further amended by striking Code Section 17-8-21, relating to when a showing for a continuance is required of the state, and inserting in lieu thereof the following: "17-8-21. In all cases in which the defendant cannot, according to law, demand a speedy trial, a continuance shall not be granted to the state, except upon a reasonable showing therefor." SECTION 5. Said title is further amended by striking subsection (c) of Code Section 17-8-31, relating to grounds for granting of continuances, and inserting in lieu thereof the following: "(c) In cases in which a demand for speedy trial has been filed in accordance with Code Section 17-7-170 or 17-7-171, the court shall grant the continuance if the party THURSDAY, MARCH 9, 2006 3019 moving for a continuance pursuant to subsection (b) of this Code section establishes by testimony, affidavits, or other evidence that: (1) The witness is material and necessary; (2) The witness is located outside the territorial limits of the state; (3) The party has submitted a request to the proper military authorities for the testimony of the witness in accordance with Section 301 of Title 5 of the United States Code and federal regulations or directives issued by the armed forces pursuant thereto; and (4) The witness will not be available within the time limits prescribed by Code Section 17-7-170 or 17-7-171. This continuance shall toll the running of the demand for speedy trial and shall continue the trial until the witness is released from active duty or the military makes the witness available to testify. If the witness only becomes available to testify within the last two weeks of the term of court in which the case must be tried, the case may be tried at the next succeeding term of court." SECTION 6. Code Section 38-3-62 of the Official Code of Georgia Annotated, relating to suspension or tolling of deadlines and time schedules in the event of a judicial emergency, is amended by striking paragraph (3) and inserting in lieu thereof the following: "(3) The time within which to try a case for which a demand for speedy trial has been filed;" SECTION 7. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: 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 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 Everson Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Martin Maxwell Y May McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Sailor Y Scheid Y Scott, A Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C E Sims, F Sinkfield Y Smith, B Y Smith, L Smith, P Y Smith, R 3020 JOURNAL OF THE HOUSE 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 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 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 Y Heckstall Y Hembree Y Henson Y Hill, C Johnson Jones, J Y Jones, S Jordan Y Keen Y Keown Y Kidd Y Knight Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Murphy, J Y Murphy, Q Y 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 Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the 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 Stephens of the 164th 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 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. The following Committee substitute was read and adopted: A BILL To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption for a limited THURSDAY, MARCH 9, 2006 3021 period of time from state sales and use tax only regarding the sale or use of liquefied petroleum gas or other fuel used for certain swine raising purposes; 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 adding a new paragraph immediately following paragraph (49), to be designated paragraph (49.1), to read as follows: "(49.1)(A) From July 1, 2006, until June 30, 2008, the sale or use of liquefied petroleum gas or other fuel used in a structure in which swine are raised. (B)(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; and by or pursuant to Article 4 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time;" SECTION 2. This Act shall become effective on July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. 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 Beasley-Teague Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Martin Maxwell Y May McCall E McClinton Y Meadows E Millar Mills Y Sailor Y Scheid Y Scott, A Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C 3022 JOURNAL OF THE HOUSE Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N 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 Y Heckstall Y Hembree Henson N Hill, C 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 Lunsford Y Maddox Y Mangham Y Manning Y Marin Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock Y Parham Y Parrish N 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 E Sims, F Sinkfield Y Smith, B Y Smith, L Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker 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 5. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Holmes of the 61st and Jacobs of the 80th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon. Representative Beasley-Teague of the 65th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1316. By Representatives Martin of the 47th, Roberts of the 154th, Watson of the 91st, Burkhalter of the 50th, Parrish of the 156th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the creation of the High School Athletics Overview Committee; to provide for its composition, powers, and duties; to provide for THURSDAY, MARCH 9, 2006 3023 reports; to provide for performance criteria; to provide for expenditure of funds; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the creation of the High School Athletics Overview Committee; to provide for its composition, powers, and duties; to provide for reports; to provide for performance criteria; to provide for expenditure of funds; 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. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new article to the end of such chapter to be designated Article 32 to read as follows: "ARTICLE 32 20-2-2100. (a) There is created as a joint committee of the General Assembly the High School Athletics Overview Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House, one of whom shall be a member of the minority party; five members of the Senate appointed by the Senate Committee on Assignments, one of whom shall be a member of the minority party; the chairperson of the House Committee on Education or his or her designee; and the chairperson of the Senate Education and Youth Committee or his or her designee. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The Speaker of the House of Representatives and the Senate Committee on Assignments shall each designate a cochairperson from among the appointees of their respective houses. The cochairpersons shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of cochairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of high school athletic associations, as defined in subsection (c) of this Code section. (b) No high school which receives funding under Article 6 of this chapter shall participate in, sponsor, or provide coaching staff for interscholastic sports events which 3024 JOURNAL OF THE HOUSE are conducted under the authority of, conducted under the rules of, or scheduled by any high school athletics association unless such association complies with the provisions of this article. (c) As used in this Code section, the term 'committee' means the High School Athletics Overview Committee, and the term 'high school athletic association' means any association of schools or any other similar organization which acts as an organizing, sanctioning, scheduling, or rule-making body for interscholastic athletic events in which public high schools in this state participate. 20-2-2101. The Department of Education, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties set forth in this article. The committee may employ staff and may secure the services of consultants as appropriate and subject to available funding. Upon authorization by joint resolution of the General Assembly, the committee shall have the power while the General Assembly is in session or during the interim between sessions to request the attendance of witnesses and the production of documents in aid of its duties. In addition, when the General Assembly is not in session, the committee shall have the power to request the attendance of witnesses and the production of documents in aid of its duties, upon application of the cochairpersons of the committee, with the concurrence of the Speaker of the House and President Pro Tempore of the Senate. 20-2-2102. All high school athletic associations in this state shall cooperate with the committee, its authorized personnel, the Attorney General, the Department of Education, and other state agencies in order that the charges of the committee may be timely and efficiently discharged. The associations shall submit to the committee such reports and data as the committee shall reasonably require 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 associations. 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 high school athletic associations, as set forth in this chapter. 20-2-2103. In the discharge of its duties, the committee shall evaluate the performance of high school athletic associations consistent with the following criteria: (1) Fairness and equity in establishing and implementing its standards; and (2) The promotion of academic achievement and good sportsmanship. 20-2-2104. THURSDAY, MARCH 9, 2006 3025 (a) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff, paying for services of consultants, and paying all other necessary expenses incurred by the committee in performing its duties. (b) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (c) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government. 20-2-2105. This article shall be repealed effective December 31, 2010." 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 Y Barnes Y Bearden Y Beasley-Teague Y Benfield N Benton Y Black Bordeaux Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Byrd Y Carter N 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 Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Maxwell May McCall E McClinton Y Meadows E Millar 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 Orrock Y Parham Y Parrish N Parsons 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 E Sims, F 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 3026 JOURNAL OF THE HOUSE 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 Y Heckstall Y Hembree Y Henson Y Hill, C Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 153, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1073. By Representatives O`Neal of the 146th, Talton of the 145th, Ray of the 136th and Floyd of the 147th: 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 Houston 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 authorize the governing authority of the counties which comprise the Houston Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for a conditional effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior court, so as to provide for a third judge of the superior courts of the Blue Ridge Judicial Circuit, a tenth judge of the superior courts of the Cobb Judicial Circuit, a sixth judge of the superior courts of the Coweta Judicial Circuit, a third judge of the superior courts of the Houston Judicial Circuit, and a third judge of the superior courts of the Paulding Judicial Circuit; to provide for the appointment of such additional judges by the Governor; to provide for the election of successors to the judges initially appointed; to prescribe the powers of such judges; to prescribe the compensation, THURSDAY, MARCH 9, 2006 3027 salary, and expense allowance of such judges to be paid by the State of Georgia and the counties comprising said circuits; to authorize the judges of such circuits to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for such circuits; to authorize the governing authority of the counties that comprise such circuits to provide facilities, office space, supplies, equipment, and personnel for such judges; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part I SECTION 1-1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, is amended by striking paragraphs (6), (11), (14), (21), and (31.1) and inserting their place new paragraphs to read as follows: "(6) Blue Ridge Circuit .............................................................................................2 3" "(11) Cobb Circuit.................................................................................................. 9 10" "(14) Coweta Circuit .................................................................................................5 6" "(21) Houston Circuit................................................................................................2 3" "(31.1) Paulding Circuit ............................................................................................2 3" Part II SECTION 2-1. One additional judge of the superior courts is added to the Blue Ridge Judicial Circuit, thereby increasing to three the number of judges of said circuit. SECTION 2-2. Said additional judge shall be appointed by the Governor for a term beginning July 1, 2006, and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. SECTION 2-3. The additional judge of the superior courts of the Blue Ridge Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and 3028 JOURNAL OF THE HOUSE immunities of the present judges of the superior courts of this state. Any of the judges of the Blue Ridge Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 2-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the county comprising the Blue Ridge Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the county of said circuit of the salary of the judges of the superior courts of the Blue Ridge Judicial Circuit shall also be applicable to the additional judge provided for by this Act. SECTION 2-5. All writs and processes in the superior courts of the Blue Ridge Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. SECTION 2-6. Upon and after qualification of the additional judge of the superior court of the Blue Ridge Judicial Circuit, the three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. SECTION 2-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time. SECTION 2-8. THURSDAY, MARCH 9, 2006 3029 The three judges of the Blue Ridge Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. SECTION 2-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Blue Ridge Judicial Circuit may bear teste in the name of any judge of the Blue Ridge Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof. SECTION 2-10. Upon request of any judge of the circuit, the governing authority of the county comprising the Blue Ridge Judicial Circuit is authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such. Part III SECTION 3-1. One additional judge of the superior courts is added to the Cobb Judicial Circuit, thereby increasing to ten the number of judges of said circuit. SECTION 3-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2007, and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. SECTION 3-3. The additional judge of the superior courts of the Cobb Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Cobb Judicial Circuit may preside over any cause, whether in their own or in other circuits, and 3030 JOURNAL OF THE HOUSE perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 3-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties of the superior courts of the Cobb Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the counties of said circuit of the salary of the judges of the superior courts of the Cobb Judicial Circuit shall also be applicable to the additional judge provided for by this Act. SECTION 3-5. All writs and processes in the superior courts of the Cobb Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide ten judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. SECTION 3-6. Upon and after qualification of the additional judge of the superior court of the Cobb Judicial Circuit, the ten judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. SECTION 3-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time. SECTION 3-8. The ten judges of the Cobb Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. THURSDAY, MARCH 9, 2006 3031 SECTION 3-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Cobb Judicial Circuit may bear teste in the name of any judge of the Cobb Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof. SECTION 3-10. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Cobb Judicial Circuit are authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such. Part IV SECTION 4-1. One additional judge of the superior courts is added to the Coweta Judicial Circuit, thereby increasing to six the number of judges of said circuit. SECTION 4-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2007, and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. SECTION 4-3. The additional judge of the superior courts of the Coweta Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Coweta Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. 3032 JOURNAL OF THE HOUSE SECTION 4-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties comprising the Coweta Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the counties of said circuit of the salary of the judges of the superior courts of the Coweta Judicial Circuit shall also be applicable to the additional judge provided for by this Act. SECTION 4-5. All writs and processes in the superior courts of the Coweta Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide six judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. SECTION 4-6. Upon and after qualification of the additional judge of the superior court of the Coweta Judicial Circuit, the six judges of such circuit may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The six judges of the superior courts of the Coweta Judicial Circuit shall have and are clothed with full power, authority, and discretion to determine from time to time and term to term the manner of calling the dockets, fixing the calendars, and order of business in such courts. They may assign to one of such judges the hearing of trials by jury for a term and the hearing of all other matters not requiring a trial by jury to the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within such circuit, or they may hear chambers business and motion business at the same time at any place within such circuit. They may provide in all respects for holding the superior courts of such circuit so as to facilitate the hearing and determination of all the business of such courts at any time pending and ready for trial or hearing. In all such matters relating to the fixing, arranging for, and disposing of the business of such courts and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as provided for in this Act shall control. THURSDAY, MARCH 9, 2006 3033 SECTION 4-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time. SECTION 4-8. The six judges of the Coweta Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. SECTION 4-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Coweta Judicial Circuit may bear teste in the name of any judge of the Coweta Judicial Circuit and, when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof. SECTION 4-10. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Coweta Judicial Circuit are authorized to furnish the judges of such circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such. Part V SECTION 5-1. One additional judge of the superior courts is added to the Houston Judicial Circuit, thereby increasing to three the number of judges of said circuit. SECTION 5-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2007, and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years 3034 JOURNAL OF THE HOUSE and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. SECTION 5-3. The additional judge of the superior courts of the Houston Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Houston Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 5-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the county comprising the Houston Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the county of said circuit of the salary of the judges of the superior courts of the Houston Judicial Circuit shall also be applicable to the additional judge provided for by this Act. SECTION 5-5. All writs and processes in the superior courts of the Houston Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. SECTION 5-6. Upon and after qualification of the additional judge of the superior court of the Houston Judicial Circuit, the three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. SECTION 5-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any THURSDAY, MARCH 9, 2006 3035 of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time. SECTION 5-8. The three judges of the Houston Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. SECTION 5-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Houston Judicial Circuit may bear teste in the name of any judge of the Houston Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof. SECTION 5-10. Upon request of any judge of the circuit, the governing authority of the county comprising the Houston Judicial Circuit are authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such. Part VI SECTION 6-1. One additional judge of the superior courts is added to the Paulding Judicial Circuit, thereby increasing to three the number of judges of said circuit. SECTION 6-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2007, and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. 3036 JOURNAL OF THE HOUSE SECTION 6-3. The additional judge of the superior courts of the Paulding Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Paulding Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 6-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the county comprising the Paulding Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the county of said circuit of the salary of the judges of the superior courts of the Paulding Judicial Circuit shall also be applicable to the additional judge provided for by this Act. SECTION 6-5. All writs and processes in the superior courts of the Paulding Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. SECTION 6-6. Upon and after qualification of the additional judge of the superior court of the Paulding Judicial Circuit, the three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. SECTION 6-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to THURSDAY, MARCH 9, 2006 3037 have jurors for the trial of cases before any of said judges separately or before each of them at the same time. SECTION 6-8. The three judges of the Paulding Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. SECTION 6-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Paulding Judicial Circuit may bear teste in the name of any judge of the Paulding Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof. SECTION 6-10. Upon request of any judge of the circuit, the governing authority of the county comprising the Paulding Judicial Circuit is authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such. Part VII SECTION 7-1. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. SECTION 7-2. (a) For purposes of making the initial appointment of the judge to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) For all other purposes, Part II of this Act shall become effective July 1, 2006. (c) For all other purposes, Parts III, IV, V, and VI of this Act shall become effective January 1, 2007. (d) For all other purposes, Parts I and VII of this Act shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval. SECTION 7-3. All laws and parts of laws in conflict with this Act are repealed. 3038 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: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y 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 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 Everson 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 Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C E Sims, F 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 passage of the Bill, by substitute, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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: THURSDAY, MARCH 9, 2006 3039 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. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. HR 1491. By Representative Sims of the 169th: A RESOLUTION commemorating the achievements and sacrifice made by Private James Boggan and renaming the Bear Creek Bridge on Highway 32 West in Ambrose, Georgia, the Private James Boggan Memorial Bridge; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION Dedicating certain portions of the state highway system; to provide for related matters; and for other purposes. PART I WHEREAS, former Representative Dorothy Barnes Pelote was a member of the General Assembly of Georgia for more than a decade, where she worked tirelessly in loyal and enduring service to her constituents and the citizens of Georgia; and WHEREAS, former Representative Dorothy Barnes Pelote has been a resident of Savannah, Georgia, for over 50 years and, prior to serving as a Representative, acted in public service to her community first as an educator and, upon retirement, as a member of the Chatham County Board of Commissioners; and WHEREAS, while serving in the General Assembly of Georgia as a member of the House of Representatives, Ms. Pelote worked steadfastly to pass many resolutions and bills that benefit not only the citizens of Savannah, but the entire State of Georgia; and WHEREAS, Ms. Pelote has been instrumental in obtaining funds for a number of local initiatives and community improvements and has received numerous awards and recognitions for her services to the community and the citizens of this state; and WHEREAS, former Representative Dorothy Barnes Pelote is a beloved member of many public and civic organizations, her church, and family. 3040 JOURNAL OF THE HOUSE PART II WHEREAS, Derward Buchan is a veteran of the United States Army and served in the occupational forces in Japan and later served in Korea; and WHEREAS, he served 14 years on the Douglas city commission and six years as the mayor; and WHEREAS, during his tenure on the Douglas city commission, he oversaw transportation improvements, including the widening of Madison Street, the completion of Perimeter Road, and the continuing improvement of traffic congestion through the use of one-way streets; and WHEREAS, he is a former member and secretary of the Southeast Georgia Regional Development Center; and WHEREAS, he retired from the Georgia Department of Transportation after 34 years of service as an area engineer; and WHEREAS, Derward is a charter member of the Douglas Exchange Club, past president of the local chapter of the American Association of Retired Persons, and a member of the Chamber of Commerce and American Legion; and WHEREAS, Derward F. Buchan has devoted his life to service as a businessman, civic leader, and friend to the City of Douglas, and it is only fitting that the Derward F. Buchan Corridor be dedicated in his honor. PART III WHEREAS, Mr. Tommy G. Hudson was an employee of the Georgia Department of Transportation; and WHEREAS, he was an outstanding employee and citizen of the State of Georgia; and WHEREAS, he was struck and killed by a vehicle on March 2, 2005, while in the performance of his duties on SR 107 in Turner County near the bridge over Deep Creek; and WHEREAS, he was a devoted family man, a highly respected employee, an able and upright citizen of his community and the State of Georgia, and a friend to all who were privileged to know and work with him. PART IV WHEREAS, the 848th Engineer Company was organized as the B-560 Engineering Battalion and later became the 848th Engineer Company attached to the 48th Infantry Brigade; and THURSDAY, MARCH 9, 2006 3041 WHEREAS, the 848th Engineer Company was mobilized for Operation Desert Storm in 1990 as part of the 48th Infantry Brigade; and WHEREAS, in 1993, the 848th Engineer Company was reorganized as Company C in the 648th Engineer Battalion; and WHEREAS, in 1994, the 648th Engineer Battalion was mobilized for duty in central and southern Georgia to help with the massive flooding following tropical storm Alberto; and WHEREAS, in 1996-97, the 648th was mobilized to serve a peacekeeping mission in Bosnia; and WHEREAS, currently the 648th is serving with the 48th Infantry Brigade Combat Team in Iraq and the Persian Gulf area; and WHEREAS, it is only fitting that these courageous soldiers, who in the spirit of the American patriot, have volunteered to confront the dangers, privations, and discomforts of wartime and peacetime service and in the spirit of humanity have strived to establish and keep the peace in Iraq and Bosnia with fortitude and steadfast resolve, should have a bridge named in their honor; and WHEREAS, all Americans owe a debt of gratitude to the men and women of the Georgia National Guard who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world. PART V WHEREAS, the lighthouse of Tybee Island has a long and storied history along the Georgia coast; and WHEREAS, the lighthouse has saved the lives of many desperate seafarers in search of a safe port; and WHEREAS, it is only proper and fitting that the Tybee Island Lighthouse be memorialized by dedicating a causeway in honor of its glorious past. PART VI WHEREAS, news of the passing of Lucille M. Norton, late of Lakeland, Georgia, was received by the members of her community with much deep regret; and WHEREAS, the life led by this distinguished woman of 86 years rendered her name dear to the hearts of her family and fellow citizens alike; and WHEREAS, Lucille M. Norton was a native of Lanier County who, after receiving her 3042 JOURNAL OF THE HOUSE teaching degree, made Lanier County and Lakeland, Georgia, her home and not only became a teacher for the Lanier County school system, but also served six decades as a mentor of five generations of children and families of Lanier County; and WHEREAS, her commitment to public service and various volunteer organizations, such as the March of Dimes and her beloved Good Hope Baptist Church, made her community and this state a better place in which to live; and WHEREAS, it is only fitting and proper that this woman of vision and significance be honored by naming a small and simple bridge in her honor; a bridge over a small and undemanding creek that, as a child, bordered on her mother's farm; that she played in as a child; that she fished and enjoyed all of her 86 years on this earth; that she later in life inherited from her mother who had inherited it from her family; and that, in death, she passed on to her only son. PART VII WHEREAS, Private James Boggan was born on December 22, 1925, in Ambrose, Georgia; and WHEREAS, the Purple Heart was first established by George Washington during the Revolutionary War and later revived by the War Department in February of 1932; and WHEREAS, the Purple Heart is awarded to persons who while serving in any capacity with the United States Armed Services has been wounded or killed or who has died or may thereafter die after being wounded; and WHEREAS, Private James Boggan of Ambrose, Georgia, received fatal wounds in Luxembourg during World War II while serving in the United States Army that resulted in his death on March 16, 1945, and was awarded the Purple Heart on June 11, 1945; and WHEREAS, Private Boggan left behind him in Ambrose, Georgia, his parents, the late Cecil D. Boggan and Mary Grantham Boggan, as well as six brothers and sisters; and WHEREAS, Private Boggan is an example of a generation of young soldiers who gave their lives during World War II in the fight for democracy and freedom. PART VIII WHEREAS, Thomas McGaughey Kilgore was a native and lifelong resident of Douglas County and was a descendant of Douglas County native citizens dating back prior to the incorporation of the county; and WHEREAS, he graduated from Douglas County High School in 1952 and from Berry College in 1956; and THURSDAY, MARCH 9, 2006 3043 WHEREAS, he spent his entire professional career with CSX Transportation; and WHEREAS, he was elected as a member of the Georgia General Assembly's House of Representatives to represent Douglas County, taking office in 1975 and serving through 1992; and WHEREAS, during his tenure in the General Assembly, he served on the Appropriations Committee and the Industry Committee, and chaired the Education Committee; and WHEREAS, as chairman of the Education Committee, he was instrumental in establishing the Douglas County campus of West Central Technical College on Timber Ridge Road, which has become an integral part of the community and provides an opportunity for thousands of Douglas County citizens to receive higher education; and WHEREAS, after retirement, he continued to work with the Douglasville Convention and Visitors Bureau to help bring tourists to Douglas County; and WHEREAS, he was married for 43 years to Carol M. McLendon, and they had two beautiful daughters, Pamela K. Platt and Teresa A. Kilgore, and two wonderful grandchildren, Lindsay and Will; and WHEREAS, he was a lifetime member of County Line Baptist Church and a charter member of the West Pines Golf Course and enjoyed carp fishing during his free time; and WHEREAS, it is only fitting that this man who devoted his life to his family and service to his community should have a bridge in his beloved Douglas County dedicated in his memory. PART IX WHEREAS, when Georgia Loop 1 in Floyd County was first constructed, it extended from the intersection of SR 20 in West Rome to SR 53; and WHEREAS, this section of Georgia Loop 1 has been previously named the "Veterans Memorial Highway"; and WHEREAS, Georgia Loop 1 has now been extended from SR 53 to US 411/SR 20; and WHEREAS, all Americans owe a debt of gratitude to the men and women of our armed forces who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world. PART X NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Bay Street between East Lathorpe Street and Farm Street in 3044 JOURNAL OF THE HOUSE Chatham County is dedicated as the Dorothy Barnes Pelote Bridge. BE IT FURTHER RESOLVED that the portion of SR 32 from the 206 Connector to the CSX Railroad overpass is dedicated as the Derward F. Buchan Corridor. BE IT FURTHER RESOLVED that the bridge over Deep Creek on SR 107 at Mile Post 8.0 in Turner County, Bridge ID # 287-00107D-00.800E, is hereby dedicated as the Tommy G. Hudson Bridge in honor of the memory of this distinguished Georgian. BE IT FURTHER RESOLVED that the bridge on the SR 206 Connector that spans the CSX railroad, in Coffee County, is dedicated as the Hero Bridge. BE IT FURTHER RESOLVED that the portion of US 80 from the end of Lazaretto River to the end of US 80 on Tybee Island, in Chatham County, is dedicated as the Historic Tybee Lighthouse Causeway. BE IT FURTHER RESOLVED that the bridge over Grand Bay Creek on U. S. Highway 221 in the County of Lanier be dedicated as the Lucille M. Norton Bridge. BE IT FURTHER RESOLVED that the Bear Creek Bridge on Highway 32 West in Ambrose, Georgia, is dedicated as the Private James Boggan Memorial Bridge. BE IT FURTHER RESOLVED that the Prestley Mill Road bridge over I-20, in Douglas County, is dedicated as the Tom Kilgore Memorial Bridge. BE IT FURTHER RESOLVED that the portion of Georgia Loop 1 from SR 53 to US 411/SR 20 is dedicated as the Veterans Memorial Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain signs identifying the highway facilities dedicated in this resolution. 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, Dorothy Barnes Pelote, Derward F. Buchan, the family of Tommy G. Hudson, the commanding officer of the 648th Engineer Battalion of the Georgia Army National Guard, the local governing authority of Tybee Island, the surviving and only son, four grandchildren, and three great-grandchildren of Lucille M. Norton, the family of Private James Boggan, and to the family of Tom Kilgore. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. THURSDAY, MARCH 9, 2006 3045 HR 1548. By Representatives Rynders of the 152nd and Hanner of the 148th: A RESOLUTION commemorating the accomplishments of Mrs. Ida Chambers and dedicating Chambers Crossing; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION Dedicating certain portions of the state highway system; to provide for related matters; and for other purposes. PART I WHEREAS, Ida Chambers was born in Miller County, Georgia, on February 25, 1922; and WHEREAS, she was one of the charter supporters of the Lee County Chamber of Commerce; and WHEREAS, she was instrumental in obtaining the first satellite office for voter registration in Lee County; and WHEREAS, she was a charter organizer of the Lee Medical Arts and Albany Primary Healthcare medical facilities and has made many trips to Atlanta and Washington, D.C., lobbying for health care in the rural areas of south Georgia; and WHEREAS, Ida was the third woman in Georgia to serve on an electric membership cooperative board, and she has served as secretary/treasurer on the board of Sumter EMC for 25 years; and WHEREAS, she is now serving on the Lee County Utility Authority over Water and Sewage and has served for nine years; and WHEREAS, she represents Lee County on the Housing Authority Board; and WHEREAS, she has served as the choir director and treasurer of Kinchafoonee Baptist Church, and she is a former Lee County Chamber of Commerce Woman of the Year and Ambassador of the Year; and WHEREAS, with the help of her husband, Bill Chambers, Sr., Ida was a driving force in the creation of the Lee County Volunteer Fire Department; and WHEREAS, Mrs. Ida Chambers has been a major contributor to the quality of life in Lee 3046 JOURNAL OF THE HOUSE County for many years and has devoted countless hours in public service, and, therefore, it is only fitting that an intersection in Lee County should be named in her honor. PART II WHEREAS, Mr. James G. Crayton, Sr., started his career as a surveyor with the Georgia Department of Transportation on January 1, 1947, after serving three years in the United States Navy; and WHEREAS, a dedicated and trusted employee, he served in this capacity in Barnesville, Griffin, and Thomaston, where he was promoted to the position of Professional Bridge Engineer; and WHEREAS, Mr. Crayton retired from the department in Atlanta in 1975 as Professional Bridge Engineer and Bridge Inspector after 35 years of exemplary service; and WHEREAS, bridges were Mr. Crayton's passion, and his work has been the subject of many civil engineering classes at various universities throughout the State of Georgia; and WHEREAS, at one time, Mr. Crayton had designed and built more bridges throughout Georgia than any other engineer; and WHEREAS, Mr. Crayton was a loving husband, father, grandfather, and member of the Zebulon community; and WHEREAS, as James G. Crayton, Sr., was a dedicated engineer and public servant for the Department of Transportation, it is only fitting that a bridge should be named in his honor. PART III NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of U.S. Route 19 with Century Road in Lee County is dedicated as Chambers Crossing. BE IT FURTHER RESOLVED that the bridge on State Route 18 across Elkins Creek in Zebulon, Georgia, is dedicated as the James G. Crayton, Sr. Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain signs identifying the highway facilities dedicated in this resolution. 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 THURSDAY, MARCH 9, 2006 3047 Department of Transportation, Mrs. Ida Chambers, and the family of Mr. James G. Crayton, Sr. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Resolutions. On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: 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 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 Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Forster Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings 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 E Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal 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 Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C E Sims, F 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 adoption of the Resolutions, the ayes were 159, nays 0. 3048 JOURNAL OF THE HOUSE The Resolutions, having received the requisite constitutional majority, were adopted. HB 1120. By Representatives Scott of the 2nd, Knight of the 126th, Graves of the 12th, Fludd of the 66th, Neal of the 1st and others: A BILL to be entitled an Act to amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to dealers sales and use tax returns, so as to change certain provisions regarding estimated tax liability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to dealers sales and use tax returns, so as to change certain provisions regarding estimated tax liability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to dealers sales and use tax returns, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: "(b)(1) As used in this subsection, the term 'estimated tax liability' means a dealer's tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on the dealer's average monthly payments for the last fiscal year. (2) If the estimated tax liability of a dealer for any taxable period exceeds $2,500.00 $5,000.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer unless during the previous fiscal year the dealer's monthly payments exceeded $2,500.00 $5,000.00 per month for three consecutive months or more nor shall this subsection apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. No local sales taxes shall be included in determining any estimated tax liability." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, MARCH 9, 2006 3049 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 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 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 Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Johnson 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 E Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal 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 Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C E Sims, F Sinkfield Y Smith, B Y Smith, L Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1496. By Representatives Hatfield of the 177th, Sims of the 169th, Smith of the 168th and Mosley of the 178th: 3050 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of superior courts, so as to change the term of court in Bacon, Brantley, Charlton, Coffee, Pierce, and Ware counties in the Waycross Circuit; to repeal conflicting laws; and for other purposes. The following amendment was read and adopted: Representative Hatfield of the 177th et al. move to amend HB 1496 as follows: Page 1, line 3: after "Waycross Circuit;" add "and in Atkinson, Berrien, Clinch, Cook, and Lanier Counties in the Alapaha Judicial Circuit;" Page 1, add new Section 2 as follows: "Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior court, is amended by striking paragraph (1) and inserting a new paragraph (1) to read as follows: (1) Alapaha Circuit: (A) Atkinson County - First Monday in April and October. (B) Berrien County - First Monday in February and August. (C) Clinch County - Third Monday in March and September. (D) Cook County - Second Monday in January and July. (E) Lanier County - Fourth Monday in April and October. Provided, however, if any term of court in the Alapaha Circuit begins on an official state holiday, the term of court shall commence on the following Tuesday; and if any other day within the term of court shall be an official state holiday, the court shall be closed for that holiday." Page 1, renumber existing Section 2 as Section 3. 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 Y Barnes Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Martin Maxwell Y May Y McCall E McClinton Y Meadows Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw THURSDAY, MARCH 9, 2006 3051 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 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 Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Y Heckstall Y Hembree Y Henson Y Hill, C Y Hudson Y Hugley Y Jackson Y Jacobs 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 Y Lakly Y Lane, B Y Lane, R Y Lewis E Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin E Millar 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 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 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 passage of the Bill, as amended, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1246. By Representatives Howard, E. of the 121st and Murphy of the 120th: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to provide for state flags to honor deceased Georgia elected state officials; to provide for definitions and legislative intent; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: 3052 JOURNAL OF THE HOUSE 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 Buckner, G 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 Y Cooper Y Cox Crawford Y Cummings Y Davis N Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs 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 Y Lakly Y Lane, B Y Lane, R Y Lewis E Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 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 E Sims, F 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 passage of the Bill, the ayes were 153, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative Buckner of the 76th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. The Speaker assumed the Chair. HB 1435. By Representatives Burmeister of the 119th, Brown of the 69th, Lunsford of the 110th and Walker of the 107th: THURSDAY, MARCH 9, 2006 3053 A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to add certain definitions; to authorize an attendant care giver to provide assistance in voting an absentee ballot; to provide for the manner of assistance in voting for persons with disabilities; 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 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to add certain definitions; to authorize an attendant care giver to provide assistance in voting an absentee ballot; to provide for the manner of assistance in voting for persons with disabilities; 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 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by striking paragraph (9) of Code Section 21-2-2, relating to definitions, and inserting in lieu thereof a new paragraph (9) and adding new paragraphs (.1) and (.2) to read as follows: "(.1) 'Activities of daily living' includes eating, toileting, grooming, dressing, shaving, transferring, and other personal care services. (.2) 'Attendant care services' means services and supports furnished to an individual with a physical disability, as needed, to assist in accomplishing activities of daily living, instrumental activities of daily living, and health related functions through hands-on assistance, supervision, or cuing." "(9) Reserved 'Health related functions' means functions that can be delegated or assigned by licensed health care professionals under state law to be performed by an attendant." SECTION 2. Said chapter is further amended by striking subsection (d) of Code Section 21-2-265, relating to polling places and facilities for disabled voters, and inserting in lieu thereof a new subsection (d) to read as follows: "(d) The superintendent of a county or the governing authority of a municipality, in selecting and fixing a polling place in each precinct, shall select, if practicable, a polling place with suitable and appropriate access to for disabled voters electors. If no such practicable locations exist within the precinct, the superintendent of a county or the governing authority of a municipality may effect temporary modifications to such 3054 JOURNAL OF THE HOUSE existing locations as will, in his or her or its judgment, provide more convenient and appropriate access to the polling place by the disabled voter elector. No polling place shall be selected or used under any circumstances which does not have suitable and appropriate access to for persons with disabilities for the purpose of voting; and any person, whether or not personally aggrieved, may bring an action for mandamus to require that all polling places in the county or municipality have suitable and appropriate access to for persons with disabilities for the purpose of voting." SECTION 3. Said chapter is further amended by striking paragraph (1) of subsection (c) of Code Section 21-2-384, relating to preparation and delivery of absentee ballots, and inserting in lieu thereof a new paragraph (1) to read as follows: "(c)(1) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form: I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is __________ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law. ____________________ Elector's Residence Address ____________________ Month and Day of Elector's Birth ________________________ Signature or Mark of Elector Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such elector's absentee ballot as such elector personally communicated such elector's preference to me; that I am satisfied that such elector presently possesses the disability noted below; and that by reason of such disability such THURSDAY, MARCH 9, 2006 3055 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 requires assistance due to physical disability _________________________. The forms upon which such oaths are printed shall contain the following information: Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary, or election, or runoff in which there is no federal candidate on the ballot. Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty of a misdemeanor." SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 21-2-385, relating to procedure for voting by absentee ballot, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) A physically disabled or illiterate elector may receive assistance in preparing his or her ballot from one of the following: any elector who is qualified to vote in the same county or municipality as the disabled or illiterate elector; an attendant care provider or a person providing attendant care; or the mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughterin-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the disabled or illiterate elector. The person rendering assistance to the elector in preparing the ballot shall sign the oath printed on the same envelope as the oath to be signed by the elector. If the disabled or illiterate elector is sojourning outside his or her own county or municipality, a notary public of the jurisdiction may give such assistance and shall sign the oath printed on the same envelope as the oath to be signed by the elector. No person shall assist more than ten such electors in any primary, election, or runoff in which there is no federal candidate on the ballot." SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 21-2-402, relating to preparation of voter's certificates by Secretary of State, and inserting in lieu thereof a new subsection (a) to read as follows: 3056 JOURNAL OF THE HOUSE "(a) At each primary and election, the Secretary of State shall prepare and furnish to each superintendent a suitable number of voter's certificates which shall be in substantially the following form: VOTERS CERTIFICATE I hereby certify that I am qualified to vote at the (primary or election) held on ______________, that I have not and will not vote elsewhere in this (primary or election) in my own name or in any other name, and that I am a citizen of the United States and am not currently serving a sentence for a felony conviction. I understand that making a false statement on this certificate is a felony under Code Section 21-2562. Signature ___________________________________________________________ Current residence address of elector: ___________________________________________________________________ Elector's date of birth: ________________________________________________ Name or initials of poll officer receiving voter's certificate: ___________________ In case of physical disability or illiteracy, fill out the following: I hereby certify that the voter is unable to sign his or her name by reason of the following: _______________________________________________________________ _______________________________________________________________ Reason for assistance (Check appropriate square): ( ) Elector is unable to read the English language. ( ) Elector requires assistance due to physical disability. _______________________________________________________________ Signature of poll officer Number of stub of ballot or number of admission to voting machine: _________" SECTION 6. Said chapter is further amended by striking Code Section 21-2-409, relating to assisting electors who cannot read English or who have physical disabilities, and inserting in lieu thereof a new Code Section 21-2-409 to read as follows: "21-2-409. (a) No elector shall receive any assistance in voting at any primary or election unless he or she is unable to read the English language or he or she has a physical disability which renders him or her unable to see or mark the ballot or operate the voting equipment or to enter the voting compartment or booth without assistance. The A person assisting an elector shall take an oath that shall be administered to him or her and placed in writing by identify himself or herself to a manager, giving the reason why the elector requires assistance poll worker who shall record such information on the disabled elector's voter certificate showing that such person provided assistance in voting to such elector. The printed name and the signature of such person assisting the THURSDAY, MARCH 9, 2006 3057 elector shall be provided on the oath. An elector who declares that by reason of blindness he or she is unable to cast a vote as he or she wishes may receive assistance on the basis of the blind elector's declaration without the necessity of an oath. The printed name and the signature of such person assisting a blind elector shall be provided on the declaration. (b)(1) In elections in which there is a federal candidate on the ballot, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select any person of the elector's choice except the elector's employer or agent of that employer or officer or agent of the elector's union. (2) In all other elections, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select (1) any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote; or (2) the mother, father, sister, brother, spouse, or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him or her to assist in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than ten such electors in any primary, election, or runoff covered by this paragraph. No person whose name appears on the ballot as a candidate at a particular election nor the mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of that candidate may offer assistance during that particular election under the provisions of this Code section to any voter who is not related to such candidate. For the purposes of this paragraph, 'related to such candidate' shall mean the candidate's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-inlaw, mother-in-law, father-in-law, brother-in-law, or sister-in-law. (c) The oaths or declarations of assisted electors shall be returned by the chief manager to the superintendent. The oaths or declarations of assisted electors shall be available in the superintendent's office for public inspection." SECTION 7. Said chapter is further amended by striking subsection (b) of Code Section 21-2-431, relating to execution of voter's certificates, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) If any elector was unable to sign his or her name at the time of registration or if, having been able to sign his or her name when registered, he or she subsequently shall have become, through physical disability, unable to sign his or her name when he or she applies to vote, he or she shall establish his or her identity to the satisfaction of the poll officers; and in such case he or she shall not be required to sign a voter's certificate, but a certificate shall be prepared for him or her by a poll officer, upon which the facts as to such disability shall be noted and attested by the signature of such poll officer." SECTION 8. 3058 JOURNAL OF THE HOUSE Said chapter is further amended by striking subsection (b) of Code Section 21-2-451, relating to execution of voter's certificate, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) If any elector was unable to sign his or her name at the time of registration or, if having been able to sign his or her name when registered, he or she subsequently shall have become, through physical disability, unable to sign his or her name when he or she applies to vote, he or she shall establish his or her identity to the satisfaction of the poll officers; and in such case he or she shall not be required to sign a voter's certificate, but a certificate shall be prepared for him or her by a poll officer, upon which the facts as to such disability shall be noted and attested by the signature of such poll officer." SECTION 9. This Act shall become effective on January 1, 2007. SECTION 10. 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 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 Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter 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 Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Jenkins Y Jennings 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 Martin Maxwell May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C E Sims, F Sinkfield 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 THURSDAY, MARCH 9, 2006 3059 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 Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Lewis E Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. By unanimous consent, HB 1273 was postponed until Monday, March 13, 2006. Representative Keen of the 179th moved that the House do now adjourn until 9:00 o'clock, A.M., Monday, March 13, 2006, and the motion prevailed. Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 9:00 o'clock, A.M., Monday, March 13, 2006. 3060 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Monday, March 13, 2006 The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Abdul-Salaam Amerson E Anderson Ashe Barnard Bearden Benton Borders Bridges Brooks Bruce Bryant Buckner, D Burmeister Butler Byrd Carter Casas Chambers Channell Cheokas Coan Cole Coleman, B Cooper Cox Crawford Cummings Davis Dickson Dodson Dukes Ehrhart England Everson Fleming Floyd, J Forster Franklin Freeman Gardner Geisinger Graves, T Greene Hatfield Heard, J Heard, K Hembree Hill, C Holt Houston Hugley James Jamieson Jenkins Jennings Johnson Jones, S Keown Knight Knox Lakly Lane, B E Lane, R Lord Loudermilk Lunsford Maddox Mangham Manning Martin Maxwell May McCall E McClinton Meadows Millar Mills Mosley Mumford Murphy, J Murphy, Q Neal O'Neal Parham Parsons Porter Ralston Randall Ray Reece, S Reese Rice Roberts Rogers Royal Rynders Scheid Scott, A Scott, M Setzler Shaw Sheldon Sims, F Smith, B Smith, P Smith, R Smith, T Smith, V Smyre Talton Teilhet Thomas, B Tumlin Walker E Warren Wilkinson Willard 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, Black of the 174th, Bordeaux of the 162nd, Brown of the 69th, Buckner of the 76th, Burkhalter of the 50th, Burns of the 157th, Coleman of the 144th, Dean of the 59th, Dollar of the 45th, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Graves of the 137th, Hanner of the 148th, Harbin of the 118th, Henson of the 87th, Hill of the 180th, Holmes of the 61st, Horne of the 71st, Howard of the 121st, Hudson of the 124th, Jackson of the 161st, Jordan of the 77th, Keen of the 179th, Lewis of the 15th, Lucas of the 139th, Marin of the 96th, Mitchell of the 88th, Morris of the 155th, Mosby of the 90th, Oliver of the 83rd, Orrock of the 58th, Parrish of the 156th, Powell of the 29th, Reece of the 11th, Sims of the 169th, Sinkfield of the 60th, Smith of the 70th, Stanley-Turner of the 53rd, Stephens of the 164th, Stephenson of the 92nd, Thomas of the 55th, Wix of the 33rd, and Yates of the 73rd. MONDAY, MARCH 13, 2006 3061 They wish to be recorded as present. Prayer was offered by the Reverend Larry Wynn, Hebron Baptist Church, Dacula, 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 1600. By Representatives Butler of the 18th, Bearden of the 68th and Brown of the 69th: A BILL to be entitled an Act to amend an Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, so as to reconstitute the board of education; to change the descriptions of the education districts; to provide for definitions and inclusions; to provide for the election and terms of office of members of the board; to provide for vacancies; to provide for eligibility and qualifications; to provide for 3062 JOURNAL OF THE HOUSE submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1601. By Representative Buckner of the 76th: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to selection and qualification of candidates and presidential electors, so as to establish a code of conduct for candidates for elective office; to provide for legislative intent; to provide for administration by the State Ethics Commission; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1602. By Representatives Buckner of the 76th, Ashe of the 56th, Thomas of the 55th, Manning of the 32nd and Barnes of the 78th: A BILL to be entitled an Act to amend Code Section 31-12-14 of the Official Code of Georgia Annotated, relating to the breast cancer, prostate cancer, or ovarian cancer research fund, so as to change certain provisions regarding the state income tax check off option for making contributions to such fund; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1603. By Representatives Jackson of the 161st, Stephens of the 164th, Bordeaux of the 162nd, Bryant of the 160th and Carter of the 159th: A BILL to be entitled an Act to amend an Act governing the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4031), so as to modify the compensation of members of the Board of Public Education for the City of Savannah and the County of Chatham; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1604. By Representative Smyre of the 132nd: MONDAY, MARCH 13, 2006 3063 A BILL to be entitled an Act to amend Chapter 5 of Title 7 of the Official Code of Georgia Annotated, relating to credit cards and credit card banks, so as to authorize qualifying organizations to conduct criminal background checks through fingerprint comparisons; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. HB 1607. By Representatives Buckner of the 76th and Powell of the 29th: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide that it shall be illegal for a candidate to qualify in a primary or election in a district in which he or she is not qualified to run for office; to eliminate the restriction on when a challenge to a candidate's qualifications may be filed by an elector; 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 1608. By Representatives Richardson of the 19th and Maxwell of the 17th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4145), so as to change the compensation of the chairperson and members of the commission; 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 1609. By Representatives Fleming of the 117th and Channell of the 116th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Washington, Georgia, approved February 14, 1958 (Ga. L. 1958, p. 2139), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 1734. By Representatives Willard of the 49th, Lindsey of the 54th, Orrock of the 58th, Sinkfield of the 60th, Dean of the 59th and others: 3064 JOURNAL OF THE HOUSE A RESOLUTION compensating Mrs. Claudia Barnes; and for other purposes. Referred to the Committee on Appropriations. HR 1777. By Representatives Buckner of the 76th, Jordan of the 77th, Abdul-Salaam of the 74th, Barnes of the 78th, Randall of the 138th and others: A RESOLUTION urging the United States Congress to support additional funding for development of commuter rail service in the State of Georgia; and for other purposes. Referred to the Committee on Transportation. HR 1778. By Representatives Burkhalter of the 50th, Keen of the 179th, Richardson of the 19th, Fleming of the 117th, Burmeister of the 119th and others: A RESOLUTION creating the House Tag Tax Study Committee; and for other purposes. Referred to the Committee on Rules. HR 1789. By Representatives Buckner of the 76th and Powell of the 29th: A RESOLUTION urging the United States Congress to take action to eliminate untraceable phone records; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. HR 1790. By Representative Smith of the 129th: A RESOLUTION honoring the lives of Cason and Virginia Callaway and dedicating the Cason and Virginia Callaway Conservation Highway in their memory; and for other purposes. Referred to the Committee on Transportation. HR 1791. By Representatives Sheldon of the 105th, Fleming of the 117th, Meadows of the 5th, Coan of the 101st, Yates of the 73rd and others: A RESOLUTION commending the Association County Commissioners of Georgia and the Georgia Municipal Association for creating the Council of Local Governments; urging the Council of Local Governments to address MONDAY, MARCH 13, 2006 3065 several issues that create conflict between cities and counties; and for other purposes. Referred to the Committee on State Planning & Community Affairs. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1583 HB 1584 HB 1585 HB 1586 HB 1587 HB 1588 HB 1589 HB 1591 HB 1592 HB 1593 HB 1594 HB 1595 HB 1596 HB 1597 HB 1598 HB 1599 HB 1605 HB 1606 HR 1695 HR 1696 HR 1697 HR 1698 HR 1700 HR 1732 SB 64 SB 349 SB 380 SB 505 SB 506 SB 510 SB 523 SB 529 SB 538 SB 539 SB 561 SB 562 SB 593 SB 626 SB 627 SB 628 SB 629 SB 630 SB 633 SR 1025 Representative Scheid of the 22nd District, Secretary of the Committee on Appropriations, submitted the following report: Mr. Speaker: Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 508 Do Pass, by Substitute Respectfully submitted, /s/ Scheid of the 22nd Secretary 3066 JOURNAL OF THE HOUSE 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 1528 HB 1557 HB 1558 HB 1559 HB 1560 HB 1561 HB 1562 HB 1572 HB 1573 Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 1574 HB 1575 HB 1576 HB 1577 HB 1578 HB 1579 HB 1580 HB 1581 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, MARCH 13, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 338 HB 379 HB 483 HB 547 HB 582 Hunting; primitive weapons; amend provisions Employees' Retirement; disability benefits; eligibility provisions Teachers Retirement; credit for prior service Impact fees; single family construction; provide maximum Employees' Retirement; temporary full-time service; obtain creditable service MONDAY, MARCH 13, 2006 3067 HB 710 HB 873 HB 1008 HB 1044 HB 1168 HB 1193 HB 1223 HB 1227 HB 1228 HB 1230 HB 1248 HB 1259 HB 1282 HB 1290 HB 1302 HB 1307 HB 1318 HB 1342 HB 1359 HB 1371 HB 1412 HB 1417 HB 1424 HB 1451 HB 1456 HB 1460 HB 1473 HB 1483 HB 1484 HB 1490 HR 1094 HR 1551 Special license plates; identifying persons with diabetes Physician's assistants; public health or state of emergency; render assistance "Georgia Hospice Law"; palliative care; amend provisions Firearms; carrying and possession; municipal and city court judges; amend provisions Winery; tasting room; permit sales Vehicles; false or secret compartments; prohibit owning or operating County Board of Health; contracts; revise certain provisions Agricultural Education Oversight Commission; create Career and Technical Education Oversight Commission; create Georgia Development Impact Fee Act; change certain provisions Alcoholic beverages; comprehensive revision of provisions; provide Private detectives and private security officers; licensing; revise Deeds; recording; provisions Telephone service provider; customer records; prohibit sale or transfer Georgia Street Gang Terrorism and Prevention Act; change certain provisions Georgia Register; publication; change certain provisions Board and Department of Corrections; employee benefits; provisions Nonprofit organizations; noncash prizes; provisions Georgia Assignment Pool Underwriting Authority; create The Pharmacy Audit Bill of Rights; enact Certain government vehicles; clean and renewable fuels; require use Administrative Office of the Courts; assist board of jury commissioners; allow Dogs; hunting; change certain provisions Long-term Care Partnership Program; revise certain definitions Accident and sickness policy; age of dependent; provisions Shrimp and shrimping; lawful methods of; size of cast nets; change provisions Social Security Act; certain waivers; require prior legislative approval Quality Basic Education Act; amend provisions Personal insurance; insurable interest; clarify circumstances State park lakes; watercraft; change provisions Sales and use and motor fuel taxes; aviation fuel; revenue provisions - CA Joint Comprehensive Water Desalination Study Committee; create Modified Open Rule HB 1436 Wine; restaurant patrons; resealed partially consumed bottle; authorize Modified Structured Rule 3068 JOURNAL OF THE HOUSE HB 1392 HB 1445 HR 30 HR 1299 Drivers; right of way violation; collision; provide penalties Prescription drugs; effects on pregnancy; provisions for pharmacist Peace Officers' Annuity and Benefit Fund; retirement credit; funding - CA Trauma care; trust fund; provisions - CA Structured Rule HB 111 HB 304 HB 654 HB 848 HB 874 HB 1121 HB 1195 HB 1222 HB 1244 HB 1249 HB 1300 HB 1305 HB 1361 HB 1502 HB 1506 HR 1045 HR 1345 Sales and use tax; change certain definitions Business and occupation tax; certain regulatory fees by local governments All-terrain vehicles; additional definitions; provisions Homestead exemption; senior citizens; actual levy amount Public disclosure of records; certain exception; clarify Sales and use tax exemption; National Infantry Museum and Heritage Park; provisions Civil case; complaints and judgments; change provisions Motor vehicles; alcohol, drugs, or other substances; provisions Motor fuel; public mass transit; change certain provisions Ad valorem taxation exemption; watercraft in inventory; provide Bonds; aggregate amount; raise Seed - Capital Fund; investments; provisions Redevelopment Powers Law; change certain definitions State revenue commissioner; property appraisal and assessment; provide Businesses; revocation of certificate of registration; prohibit certain sales State lottery; HOPE Scholarship Program; designation of funds - CA Religious or faith based organizations; public aid; receive - CA 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 1528. By Representative Jamieson of the 28th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Banks County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over, MONDAY, MARCH 13, 2006 3069 approved April 13, 2001 (Ga. L. 2001, p. 4130), so as to increase the amount of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act providing a homestead exemption from Banks County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over, approved April 13, 2001 (Ga. L. 2001. p. 4130), so as to increase the amount of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a homestead exemption from Banks County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over, approved April 13, 2001 (Ga. L. 2001. p. 4130), is amended by striking subsection (a) of Section 1 and inserting in its place a new subsection (a) to read as follows: "(a) Each resident of the Banks County School District who is a senior citizen is granted an exemption on that person's homestead from all Banks County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of that homestead, if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $10,000.00 for the immediately preceding taxable year. The value of that property in excess of such exempted amount shall remain subject to taxation." SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Banks County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Banks County School District for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately 3070 JOURNAL OF THE HOUSE preceding the date thereof in the official organ of Banks County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which increases the homestead exemption from Banks County School District ad valorem taxes for educational ( ) NO purposes for residents of that school district who are 65 years of age or over and who have annual incomes not exceeding $10,000.00 from $16,000.00 to $20,000.00?" 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, Section 1 shall become of full force and effect on January 1, 2007. 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 Banks County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. HB 1557. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend an Act to re-create and reincorporate the City of Collins, approved April 17, 1975 (Ga. L. 1975, p. 3792), so as to repeal a provision relating to limitations on terms of service; to provide for other 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 1558. By Representative Burns of the 157th: A BILL to be entitled an Act to amend an Act to incorporate and to grant a new charter to the City of Sylvania, approved March 1, 1963 (Ga. L. 1963, p. 2030), as amended, so as to change the corporate boundaries of such city; to MONDAY, MARCH 13, 2006 3071 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 1559. By Representatives Burns of the 157th and Carter of the 159th: A BILL to be entitled an Act to provide a new charter for the City of Guyton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal an Act incorporating the City of Guyton in the County of Effingham, approved April 12, 1982 (Ga. L. 1982, p. 3806); 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 1560. By Representative Greene of the 149th: A BILL to be entitled an Act to amend an Act creating the State Court of Miller County, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 3921), so as to change the compensation of the judge and solicitor-general of said court; 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 1561. By Representative Greene of the 149th: A BILL to be entitled an Act to provide that the judge of the Probate Court of Randolph County shall have the authority to appoint a person other than the 3072 JOURNAL OF THE HOUSE clerk of the superior court to serve as clerk of the Probate Court of Randolph County; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1562. By Representative Hanner of the 148th: A BILL to be entitled an Act to amend an Act providing a charter for the City of Richland, Georgia, approved August 8, 1922 (Ga. L. 1922, p. 925), as amended, so as to change the corporate limits of such city by annexing certain territory in Stewart County into such city; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1572. By Representatives Murphy of the 23rd, Knox of the 24th and Amerson of the 9th: A BILL to be entitled an Act to provide a salary supplement for each judge of the Superior Court of the Bell-Forsyth Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1573. By Representative Mills of the 25th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. Laws 1979, p. 3404), as amended, so as to establish the corporate limits of the City of Flowery Branch; 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 1574. By Representatives Murphy of the 23rd, Knox of the 24th and Amerson of the 9th: A BILL to be entitled an Act to amend an Act creating and establishing a civil service system in Forsyth County for the employees of Forsyth County, MONDAY, MARCH 13, 2006 3073 approved March 13, 1978 (Ga. L. 1978, p. 3576), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 4272), so as to exempt certain employees of the sheriff from the civil service system and from any rights, protections, privileges, or right of appeal under the civil service system; to 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 1575. By Representatives Mills of the 25th, Rogers of the 26th, Reece of the 27th and Benton of the 31st: A BILL to be entitled an Act to provide for the continuation of an alternative 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 among the Hall County School District, City of Gainesville Independent School District, and City of Buford Independent School District; to provide for applicability; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1576. By Representatives Knox of the 24th, Murphy of the 23rd and Amerson of the 9th: A BILL to be entitled an Act to amend an Act creating the State Court of Forsyth County and the office of solicitor-general of Forsyth County, approved April 15, 1996 (Ga. L. 1996, p. 4558), as amended, so as to change the provisions relating to the compensation of the solicitor-general of Forsyth County; 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 1577. By Representative Loudermilk of the 14th: A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the 3074 JOURNAL OF THE HOUSE 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 1578. By Representative Loudermilk of the 14th: A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $28,000.00 of the assessed value of the homestead for residents of that city who are disabled and whose household income does not exceed $20,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1579. By Representative Loudermilk of the 14th: A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that city 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. HB 1580. By Representative Loudermilk of the 14th: A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are 62 years of age or over and whose income, excluding certain retirement income, does not exceed $10,000.00; 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 MONDAY, MARCH 13, 2006 3075 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 1581. By Representatives Smith of the 70th and Horne of the 71st: A BILL to be entitled an Act to provide that the board of education of Coweta County shall be authorized to provide group medical insurance for a former member, including such member's spouse and dependents, under certain conditions; to provide for payment; to provide for related matters; to provide conditions 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 roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard 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 Burmeister Y Burns Y Butler Y Byrd Y Carter Crawford Y Cummings Y Davis Y Day Y Dean Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Epps Y Everson 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 Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Keown Y Kidd Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar 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 Porter Y Powell Y Ralston Y Sailor Y Scheid Y Scott, A Y 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 3076 JOURNAL OF THE HOUSE Y Casas Y Chambers Y Channell Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Marin Y Randall Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders E 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, the ayes were 136, nays 0. The Bills, having received the requisite constitutional majority, were passed. Due to a mechanical malfunction, the vote of Representative Orrock of the 58th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon. Representatives Greene of the 149th, Hudson of the 124th, and Jenkins of the 8th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 177. By Senators Tate of the 38th and Fort of the 39th: A BILL to be entitled an Act to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the benefit formula for the Teachers Retirement System of Georgia from 2 percent to 2.5 percent; to provide a postretirement benefit adjustment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. SB 334. By Senators Zamarripa of the 36th, Reed of the 35th, Tate of the 38th and Fort of the 39th: A BILL to be entitled an Act to amend the "Atlanta Urban Enterprise Zone MONDAY, MARCH 13, 2006 3077 Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 20, 1998 (Ga. L. 1998, p. 4493), so as to change criteria for the designation of urban enterprise zones; to repeal conflicting laws; and for other purposes. SB 420. By Senators Unterman of the 45th, Schaefer of the 50th, Johnson of the 1st, Thomas of the 2nd, Harp of the 29th and others: A BILL to be entitled an Act to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for the creation, authorization, procedure, revocation, and termination of a power of attorney from a parent to a grandparent for the care of a grandchild; to provide for short titles; to provide definitions; to provide for the creation of a pilot program to provide a subsidy to certain grandparents raising grandchildren under certain circumstances; to provide for an assessment and evaluation of the pilot program; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 480. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th: A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the O.C.G.A., relating to nurses, so as to provide for the certification of qualified medication aides; to provide for a short title; to provide legislative findings; to provide for definitions; to provide for the delegation of certain nursing tasks; to provide for powers and responsibilities of the Georgia Board of Examiners of Licensed Practical Nurses; to provide for certification standards and requirements; to provide for the issuance and renewal of certificates; to provide for permitted and prohibited activities; to provide for requirements of community living arrangements which utilize qualified medication aides; to provide for sanctions; to provide for construction; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 495. By Senators Mullis of the 53rd and Shafer of the 48th: A BILL to be entitled an Act to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to persons and property generally, so as to provide an increase in fees and charges and provide a fee for blaster certification cards; to require a license prior to conducting blast hole drilling; to amend Chapter 8 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of blasting operations generally, so as to provide additional definitions; to require a 3078 JOURNAL OF THE HOUSE license for blast hole drilling; to require liability insurance for licensed blasters; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 503. By Senators Hamrick of the 30th and Hill of the 4th: A BILL to be entitled an Act to amend Chapter 21A of Title 15, Title 17, and Code Section 42-8-34.1 of the O.C.G.A., relating respectively to judicial accounting, criminal procedure, and to legal defense for indigents, requirements for revocation of probated or suspended sentence, so as to change certain provisions relating to the Georgia Public Defender Standards Council and the provision of legal services to indigent persons; to clarify that the application fee for indigent defense services is not a prerequisite to obtaining legal services; to specify the types of standards that shall be submitted to the General Oversight Committee for the Georgia Public Defender Standards Council; to change certain provisions relating to the budget for the Office of the Georgia Capital Defender; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 570. By Senator Carter of the 13th: A BILL to be entitled an Act to amend Code Section 40-8-73.1 of the Official Code of Georgia Annotated, relating to affixing of materials which reduce light transmission or increase light reflectance through windows or windshields of motor vehicles, so as to authorize a person who is a certified optometrist to provide an attestation in support of a medical exemption for restrictions to limitations on reducing light transmission or increasing light reflectance on windows of motor vehicles; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 573. By Senators Carter of the 13th and Cagle of the 49th: A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, so as to provide that the seller may withdraw escrow funds in excess of 1 percent of the purchase price of a condominium in order to fund construction and development of the condominium property; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 592. By Senators Grant of the 25th, Hill of the 4th, Kemp of the 46th and Harp of the 29th: MONDAY, MARCH 13, 2006 3079 A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the disposition of surplus property, so as to provide for the sale of certain property by fixed price; to permit the negotiated sale of surplus property to charitable institutions; to change certain provisions relating to the disposition of surplus property by the Department of Administrative Services; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 606. By Senators Douglas of the 17th, Grant of the 25th and Schaefer of the 50th: A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to prohibit disruptive conduct at funerals, memorial services, or funeral processions; to provide for legislative intent; to provide for the elements of such offense; to provide for a criminal penalty; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. SB 615. By Senator Goggans of the 7th: A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of superior courts, so as to change the term of court in Atkinson, Berrien, Clinch, Cook, and Lanier counties in the Alapaha Judicial Circuit; to repeal conflicting laws; and for other purposes. HB 1078. By Representative Greene of the 149th: A BILL to be entitled an Act to create the Randolph County Water and Sewer Authority and provide for its activation; to provide for a short title; to provide for definitions; to provide for the purposes, powers, duties, and functions of the authority and authorize certain contracts and agreements; to provide for the membership and appointment of members of the authority and their terms of office, qualifications, duties, powers, methods of filling vacancies, compensation, and expenses; to provide for organization, meetings, and quorum of the authority; to provide for an attorney of the authority; to provide for an audit and budgets; to authorize the authority to contract with others regarding its functions, to contract with others pertaining to the use of the utilities and facilities of the authority, and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to repeal conflicting laws; and for other purposes. 3080 JOURNAL OF THE HOUSE HB 1079. By Representative Greene of the 149th: A BILL to be entitled an Act to provide a board of elections for Randolph County; to define its powers and duties concerning primaries and elections; to define certain terms; to provide a method for appointment, resignation, and removal of its members; to provide for the qualifications and terms of its members; to provide for a chairperson, clerical assistants, and other employees; to provide for compensation of such persons and the members of the board; to provide for facilities; to relieve the judge of the probate court from certain responsibilities; to provide for submission under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. HB 1102. By Representative Greene of the 149th: A BILL to be entitled an Act to repeal an Act providing a new charter for the City of Coleman, approved April 19, 2000 (Ga. L. 2000, p. 3658), and abolish said city; to provide for the disposition of the assets, property, and legal rights and obligations of the city and the winding up of city affairs; to provide for submission under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1350. By Representative Smith of the 113th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Oconee County, approved April 18, 1917 (Ga. L. 1917, p. 384), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3105), so as to provide for terms for the members of the board of commissioners of Oconee County; to provide for elections; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1363. By Representative Parrish of the 156th: A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Pulaski, approved April 9, 1999 (Ga. L. 1999, p. 3946), as amended, so as to provide authority for the mayor and councilmembers to perform and be compensated for duties related to the operation of the water system and other administrative functions; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1470. By Representatives Jones of the 46th and Burkhalter of the 50th: MONDAY, MARCH 13, 2006 3081 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 provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for severability; to repeal conflicting laws; and for other purposes. HB 1479. By Representatives Carter of the 159th and Burns of the 157th: A BILL to be entitled an Act to amend 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 for conflicts of interest; to provide for a quorum; to provide for powers and duties of the mayor; to provide for jurisdiction of the municipal court; to provide for appeals; to repeal provisions relating to the removal of officers; to provide for city boards, commissions, and authorities; to repeal conflicting laws; and for other purposes. HB 1480. By Representative Smith of the 113th: A BILL to be entitled an Act to provide for terms for the members of the Board of Education of Oconee County; to provide for a referendum; to repeal conflicting laws; and for other purposes. The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate: SR 793. By Senators Hamrick of the 30th and Smith of the 52nd: A RESOLUTION ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "Standard for Removal of a Circuit Public Defender for Cause Pursuant to O.C.G.A. 17-12-20," hereinafter referred to as the "Standard for Removal for Cause"; to provide for an effective date; and for other purposes. 3082 JOURNAL OF THE HOUSE SR 954. By Senators Hamrick of the 30th and Smith of the 52nd: A RESOLUTION ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "State of Georgia Performance Standards for Criminal Defense Representation in Indigent Criminal Cases," hereinafter referred to as the "Performance Standard"; to provide for an effective date; and for other purposes. SR 955. By Senators Hamrick of the 30th and Smith of the 52nd: A RESOLUTION ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "State of Georgia Performance Standards for Juvenile Defense Representation in Indigent Delinquency and Unruly Cases," hereinafter referred to as the "Performance Standard in Juvenile Court"; to provide for an effective date; and for other purposes. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees: SB 177. By Senators Tate of the 38th and Fort of the 39th: A BILL to be entitled an Act to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the benefit formula for the Teachers Retirement System of Georgia from 2 percent to 2.5 percent; to provide a postretirement benefit adjustment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. SB 334. By Senators Zamarripa of the 36th, Reed of the 35th, Tate of the 38th and Fort of the 39th: A BILL to be entitled an Act to amend the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 20, 1998 (Ga. L. 1998, p. 4493), so as to change criteria for the designation of urban enterprise zones; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. MONDAY, MARCH 13, 2006 3083 SB 420. By Senators Unterman of the 45th, Schaefer of the 50th, Johnson of the 1st, Thomas of the 2nd, Harp of the 29th and others: A BILL to be entitled an Act to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for the creation, authorization, procedure, revocation, and termination of a power of attorney from a parent to a grandparent for the care of a grandchild; to provide for short titles; to provide definitions; to provide for the creation of a pilot program to provide a subsidy to certain grandparents raising grandchildren under certain circumstances; to provide for an assessment and evaluation of the pilot program; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 480. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th: A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the O.C.G.A., relating to nurses, so as to provide for the certification of qualified medication aides; to provide for a short title; to provide legislative findings; to provide for definitions; to provide for the delegation of certain nursing tasks; to provide for powers and responsibilities of the Georgia Board of Examiners of Licensed Practical Nurses; to provide for certification standards and requirements; to provide for the issuance and renewal of certificates; to provide for permitted and prohibited activities; to provide for requirements of community living arrangements which utilize qualified medication aides; to provide for sanctions; to provide for construction; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. SB 495. By Senators Mullis of the 53rd and Shafer of the 48th: A BILL to be entitled an Act to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to persons and property generally, so as to provide an increase in fees and charges and provide a fee for blaster certification cards; to require a license prior to conducting blast hole drilling; to amend Chapter 8 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of blasting operations generally, so as to provide additional definitions; to require a 3084 JOURNAL OF THE HOUSE license for blast hole drilling; to require liability insurance for licensed blasters; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. SB 503. By Senators Hamrick of the 30th and Hill of the 4th: A BILL to be entitled an Act to amend Chapter 21A of Title 15, Title 17, and Code Section 42-8-34.1 of the O.C.G.A., relating respectively to judicial accounting, criminal procedure, and to legal defense for indigents, requirements for revocation of probated or suspended sentence, so as to change certain provisions relating to the Georgia Public Defender Standards Council and the provision of legal services to indigent persons; to clarify that the application fee for indigent defense services is not a prerequisite to obtaining legal services; to specify the types of standards that shall be submitted to the General Oversight Committee for the Georgia Public Defender Standards Council; to change certain provisions relating to the budget for the Office of the Georgia Capital Defender; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 570. By Senator Carter of the 13th: A BILL to be entitled an Act to amend Code Section 40-8-73.1 of the Official Code of Georgia Annotated, relating to affixing of materials which reduce light transmission or increase light reflectance through windows or windshields of motor vehicles, so as to authorize a person who is a certified optometrist to provide an attestation in support of a medical exemption for restrictions to limitations on reducing light transmission or increasing light reflectance on windows of motor vehicles; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. SB 573. By Senators Carter of the 13th and Cagle of the 49th: A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, so as to provide that the seller may withdraw escrow funds in excess of 1 percent of the purchase price of a condominium in order to fund MONDAY, MARCH 13, 2006 3085 construction and development of the condominium property; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 592. By Senators Grant of the 25th, Hill of the 4th, Kemp of the 46th and Harp of the 29th: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the disposition of surplus property, so as to provide for the sale of certain property by fixed price; to permit the negotiated sale of surplus property to charitable institutions; to change certain provisions relating to the disposition of surplus property by the Department of Administrative Services; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. SB 606. By Senators Douglas of the 17th, Grant of the 25th and Schaefer of the 50th: A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to prohibit disruptive conduct at funerals, memorial services, or funeral processions; to provide for legislative intent; to provide for the elements of such offense; to provide for a criminal penalty; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 615. By Senator Goggans of the 7th: A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of superior courts, so as to change the term of court in Atkinson, Berrien, Clinch, Cook, and Lanier counties in the Alapaha Judicial Circuit; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SR 793. By Senators Hamrick of the 30th and Smith of the 52nd: 3086 JOURNAL OF THE HOUSE A RESOLUTION ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "Standard for Removal of a Circuit Public Defender for Cause Pursuant to O.C.G.A. 17-12-20," hereinafter referred to as the "Standard for Removal for Cause"; to provide for an effective date; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SR 954. By Senators Hamrick of the 30th and Smith of the 52nd: A RESOLUTION ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "State of Georgia Performance Standards for Criminal Defense Representation in Indigent Criminal Cases," hereinafter referred to as the "Performance Standard"; to provide for an effective date; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SR 955. By Senators Hamrick of the 30th and Smith of the 52nd: A RESOLUTION ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "State of Georgia Performance Standards for Juvenile Defense Representation in Indigent Delinquency and Unruly Cases," hereinafter referred to as the "Performance Standard in Juvenile Court"; to provide for an effective date; and for other purposes. Referred to the Committee on Judiciary Non-Civil. The following members were recognized during the period of Morning Orders and addressed the House: Brown of the 69th and Millar of the 79th. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1792. By Representative Porter of the 143rd: A RESOLUTION recognizing Coach Clinton Thomas for his contributions to Dublin High School and inviting him to appear before the House of Representatives; and for other purposes. MONDAY, MARCH 13, 2006 3087 HR 1793. By Representative Porter of the 143rd: A RESOLUTION commending the Dublin High School varsity basketball team on its historic 2006 state championship season and inviting the team to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time: HB 1473. By Representatives Brown of the 69th, Channell of the 116th, Stephens of the 164th, Shaw of the 176th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require prior legislative approval for the submission of certain waivers pursuant to Section 1115 of the federal Social Security Act; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. By unanimous consent, further consideration of HB 1473 was suspended until later in the legislative day. HB 483. By Representatives Lane of the 158th, Parrish of the 156th and Burns of the 157th: A BILL to be entitled an Act to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide for such credit for certain prior service as a temporary full-time employee; to provide for application and conditions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Crawford Y Cummings Y Davis Y Day Y Dean Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Martin Y Maxwell May McCall E McClinton Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler 3088 JOURNAL OF THE HOUSE 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 Coleman, T Y Cooper Y Cox Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson 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 Hill, C Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Meadows Y Millar 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 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 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 E Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed. 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. 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 physician's assistants, so as to allow physician's 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. MONDAY, MARCH 13, 2006 3089 The following Committee substitute was read and adopted: A BILL To amend Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physician's assistants, so as to allow physician's 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physician's assistants, is amended by adding a new subsection (i) to Code Section 43-34103, relating to the duties and scope of employment of physician's assistants, to read as follows: "(i)(1) Notwithstanding any provision of this article to the contrary, a physician's assistant licensed pursuant to this article or licensed, certified, or otherwise authorized to practice in any other state or federal jurisdiction and whose license, certification, or authorization is in good standing who responds to a need for medical care created by conditions which characterize those of a state of emergency or public health emergency may render such care that the physician's assistant is able to provide with such supervision as is available at the immediate scene or at the local site where such need for medical care exists or at a relief site established as part of a state or local safety plan established pursuant to Chapter 3 of Title 38. Such services shall be provided by a physician's assistant in response to the request of an appropriate state or local official implementing a state or local emergency management plan or program, and in accordance with applicable guidelines established by such officials or plans. The authority granted by this Code section shall last no longer than 48 hours or such time as the board may establish under guidelines for supervision of the physician's assistant rendering medical care. (2) For the purposes of this subsection, the term 'public health emergency' has the same meaning as in paragraph (6) of Code Section 38-3-3, and the term 'state of emergency' has the same meaning as in paragraph (7) of Code Section 38-3-3." 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. 3090 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: 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 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 Everson 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 Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y 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 Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M 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 Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative 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. MONDAY, MARCH 13, 2006 3091 HB 874. By Representatives Chambers of the 81st, Jacobs of the 80th, Millar of the 79th, Willard of the 49th and Ralston of the 7th: 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. 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 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 Dukes Y Ehrhart Y England Y Epps Y Everson 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 Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Y Lakly Y Lane, B E 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 E McClinton Y Meadows Millar Y Mills Mitchell Morgan Morris 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 Y Ralston Y Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Thomas, B Y Tumlin Y Walker E Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker 3092 JOURNAL OF THE HOUSE On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Heard of the 104th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1168. By Representatives Stephens of the 164th, Burkhalter of the 50th, Parrish of the 156th and Amerson of the 9th: A BILL to be entitled an Act to amend Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, so as to permit sales of distilled spirits, malt beverages, and wines not produced for consumption on the premises at a tasting room of a winery; to provide for related matters; 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 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, so as to authorize sales of wine by a farm winery in tasting rooms at festivals; to permit sales of distilled spirits, malt beverages, and wines not produced for consumption on the premises at a tasting room of a winery; 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 3 of the Official Code of Georgia Annotated, relating to wine, is amended by striking subsections (a) and (b) of Code Section 3-6-21.1, relating to licensing of farm wineries to engage in retail and wholesale sales, and inserting new subsections (a) and (b) to read as follows: "(a) As used in this Code section, the term: (1) 'Farm winery' means a domestic winery located on premises, a substantial portion of which is used for agricultural purposes, including the cultivation of grapes, berries, or fruits to be utilized in the manufacture or production of wine by the winery, or a domestic winery which: (A) Makes at least 40 percent of its annual production from agricultural produce grown in this state; (B) Is owned and operated by persons who are engaged in the production of a substantial portion of the Georgia agricultural produce used in its annual production; MONDAY, MARCH 13, 2006 3093 and for this purpose such production of a substantial portion of such Georgia agricultural produce shall be determined by the commissioner; and (C) Produces less than 100,000 gallons per year. (2) 'Festival' means a specific outdoor public celebration or gathering for which a license or permit has been issued by the appropriate governing authority which involves the use either of public parks or public streets and which includes entertainment, dancing, music, dramatic productions, art exhibition, parades, or the sale of merchandise, food or alcohol, or any combination of the foregoing. Festival does not include events which are solely parades, foot races, or political demonstrations unless such parade, foot race, or political demonstration is proposed as an integral part of a larger festival. (2)(3) 'Tasting room' means an outlet for the promotion of a farm winery's wine by providing samples of such wine to the public and for the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine can be given complimentary or for a fee. (b)(1) The commissioner may authorize any licensee which is a farm winery whose annual production of wine is made in Georgia from at least the percentages of Georgia grown agricultural products provided in paragraph (2) of this subsection during the years of production provided in paragraph (2) of this subsection to sell its wine and the wine of any other Georgia farm winery licensee at retail: (A) In in a tasting room or other facility on the premises of the winery for consumption on the premises and in closed packages for consumption off the premises; and and to sell its wine and the wine of any other Georgia farm winery licensee at retail for (B)(i) For consumption on the premises and in closed packages for consumption off the premises in tasting rooms at up to five additional locations in the state: (I) Four of which shall not constitute a festival as defined in this Code section; and (II) One of which shall be at festivals in the state for up to three days per festival. but only if the annual production of wine by the farm winery is made in Georgia from at least the following percentages of Georgia grown agricultural products during the years of production provided below: (ii) The license for the tasting room at festivals shall be one license entitling the licensee to have tasting rooms which meet the requirements of this Code section at any festival and such license shall be issued for the same fee as a license for any other tasting room permitted under this Code section. (1)(2)(A) First-year production: Ten percent from Georgia grown berries, fruits, or grapes (2)(B) Second-year production: Twenty percent from Georgia grown berries, fruits, or grapes 3094 JOURNAL OF THE HOUSE (3)(C) Third-year production: (4)(D) Fourth-year production and thereafter: Thirty percent from Georgia grown berries, fruits, or grapes Forty percent from Georgia grown berries, fruits, or grapes" SECTION 2. Said chapter is further amended by striking paragraph (2) of subsection (b) of Code Section 3-6-21.3, relating to the sale by farm wineries of wines, distilled spirits, and malt beverages on or contiguous to its own premises, and inserting in its place the following: "(2) Notwithstanding any other provisions of this title to the contrary, in all counties or municipalities in which the sale of distilled spirits, malt beverages, and wines is lawful, the commissioner further may authorize such licensee to make sales of distilled spirits, malt beverages, and wines not produced by such licensee for consumption on the premises at facilities located on the premises of the winery, or on property located contiguous to the winery and owned by the winery or by an affiliate of the winery, or in its tasting rooms located on or off the premises of the winery, provided that any alcoholic beverages sold pursuant to this paragraph shall be purchased by the winery from a licensed wholesaler at wholesale prices." 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 N 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 Everson Y Fleming Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Martin Maxwell Y May McCall E McClinton Y Meadows Y Millar N Mills Mitchell Y Morgan Y Morris Mosby N Mosley Y Mumford Y Murphy, J Y Sailor Y Scheid Y Scott, A N 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 MONDAY, MARCH 13, 2006 3095 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 E Cox Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin N Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Harbin N Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Jones, J Y Jones, S Y Jordan Y Keen N Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Marin Y Murphy, Q N Neal Y Oliver O'Neal Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell N Ralston Y Randall Ray N Reece, B Y Reece, S Y Reese Y Rice N Roberts Y Rogers Y Royal N Rynders Y Smith, V Y Smyre Stanley-Turner Y Stephens Stephenson Y Talton N Teilhet Thomas, A.M Y Thomas, B Y Tumlin N Walker E 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 142, nays 15. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives England of the 108th and Morris of the 155th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon. Representative Scott of the 2nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1248. By Representatives Williams of the 4th, Dickson of the 6th and Tumlin of the 38th: A BILL to be entitled an Act to amend Title 3 of the O.C.G.A., relating to alcoholic beverages, so as to provide for the comprehensive revision of provisions regarding alcoholic beverages; to change certain provisions regarding definitions; to change certain provisions regarding license or tax forms and filings; to change certain provisions regarding certain refunds or credits; to change certain provisions regarding limitations on credit; to change certain provisions regarding seizure and disposition of contraband; to change certain provisions regarding local government licensing powers; to change certain provisions regarding criminal penalties; to change certain provisions regarding license bonds; to change certain provisions regarding 3096 JOURNAL OF THE HOUSE license or tax stamps; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for the comprehensive revision of provisions regarding alcoholic beverages; to change certain provisions regarding definitions; to change certain provisions regarding license or tax forms and filings; to change certain provisions regarding certain refunds or credits; to change certain provisions regarding limitations on credit; to change certain provisions regarding seizure and disposition of contraband; to change certain provisions regarding local government licensing powers; to change certain provisions regarding criminal penalties; to change certain provisions regarding license bonds; to change certain provisions regarding license or tax stamps; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking Code Section 3-1-2, relating to definitions regarding alcoholic beverages, and inserting in its place a new Code Section 3-1-2 to read as follows: "3-1-2. As used in this title, the term: (1) 'Alcohol' means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. (2) 'Alcoholic beverage' means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine. (3) 'Brewpub' means any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in Code Section 3-5-36 for retail consumption on the premises and solely in draft form. As used in this article, the term 'eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. (4) 'Broker' means any person who purchases or obtains an alcoholic beverage from an importer, distillery, brewery, or winery and sells the alcoholic beverage to another broker, importer, or wholesaler without having custody of the alcoholic beverage or maintaining a stock of the alcoholic beverage. (5) 'Commissioner' means the state revenue commissioner. MONDAY, MARCH 13, 2006 3097 (6) 'County or municipality' means those political subdivisions of this state as defined by law and includes any form of political subdivision consolidating a county with one or more municipalities. (7) 'Department' means the Department of Revenue. (8) 'Distilled spirits' means any alcoholic beverage obtained by distillation or containing more than 21 percent alcohol by volume, including, but not limited to, all fortified wines. (9) 'Fortified wine' means any alcoholic beverage containing more than 21 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, brandy. (10) 'Gallon' or 'wine gallon' means a United States gallon of liquid measure equivalent to the volume of 231 cubic inches or the nearest equivalent metric measurement. (10.1) 'Hard cider' means an alcoholic beverage obtained by the fermentation of the juice of apples, containing not more than 6 percent alcohol by volume, including, but not limited to flavored or carbonated cider. For purposes of this title, hard cider shall be deemed a malt beverage. The term does not include 'sweet cider.' (11) 'Importer' means any person who imports an alcoholic beverage into this state from a foreign country and sells the alcoholic beverage to another importer, broker, or wholesaler and who maintains a stock of the alcoholic beverage. (12) 'Individual' means a natural person. (13) 'Malt beverage' means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine. (14) 'Manufacturer' means any maker, producer, or bottler of an alcoholic beverage. The term also means: (A) In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; (B) In the case of malt beverages, any brewer; and (C) In the case of wine, any vintner. (15) 'Military reservation' means a duly commissioned post, camp, base, or station of a branch of the armed forces of the United States located on territory within this state which has been ceded to the United States. (16) 'Package' means a bottle, can, keg, barrel, or other original consumer container. (17) 'Person' means any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary, or other group or combination acting as a unit, body politic, or political subdivision, whether public, private, or quasi-public. 3098 JOURNAL OF THE HOUSE (18) 'Retail consumption dealer' means any person who sells distilled spirits for consumption on the premises at retail only to consumers and not for resale. (19) 'Retailer' or 'retail dealer' means, except as to distilled spirits, any person who sells alcoholic beverages, either in unbroken packages or for consumption on the premises, at retail only to consumers and not for resale. With respect to distilled spirits, the term means any person who sells distilled spirits in unbroken packages at retail only to consumers and not for resale. (20) 'Shipper' means any person who ships an alcoholic beverage from outside this state. (21) 'Standard case' means six containers of 1.75 liters, 12 containers of 750 milliliters, 12 containers of one liter, 24 containers of 500 milliliters, 24 containers of 375 milliliters, 48 containers of 200 milliliters, or 120 containers of 50 milliliters. (22) 'Tax stamp' means the official mark, stamp, or indicium of the department used to indicate the payment of taxes imposed by this title. (23)(22) 'Taxpayer' means any person made liable by law to file a return or to pay tax. (24)(23) 'Wholesaler' or 'wholesale dealer' means any person who sells alcoholic beverages to other wholesale dealers, to retail dealers, or to retail consumption dealers. (25)(24) 'Wine' means any alcoholic beverage containing not more than 21 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to the definition of wine contained in this Code section." SECTION 2. Said title is further amended by striking Code Section 3-1-3, relating to use of existing forms and filings relating to licenses or taxes, and inserting in its place a new Code Section 3-1-3 to read as follows: "3-1-3. Every form of license or tax document (including tax stamps) or other license or tax related filing lawfully in use immediately prior to July 1, 1981, may continue to be so used or be effective until the commissioner, in accordance with this title, otherwise prescribes." SECTION 3. Said title is further amended by striking Code Section 3-2-13, relating to issuance of refunds or credits for taxes paid or stamps purchased, and inserting in its place a new MONDAY, MARCH 13, 2006 3099 Code Section 3-2-13 relating to issuance of refunds or credits for taxes paid to read as follows: "3-2-13. (a) The commissioner may issue credits for taxes paid by or due from a wholesaler or, in the case of taxes on distilled spirits, may issue credits for stamps purchased by a manufacturer, distiller, or wholesaler when it is shown to the commissioner's satisfaction that any of the following events have has occurred: (1) Alcoholic beverages have been received by the wholesaler through an error in shipment and the alcoholic beverages are returned to the shipper prior to any sale by the wholesaler in this state; (2) Alcoholic beverages ordered by the wholesaler have been destroyed in transit prior to entry into the wholesaler's warehouse or storage area; (3) Alcoholic beverages which are unfit for consumption upon receipt have been received by the wholesaler and the alcoholic beverages are returned to the shipper or destroyed prior to any sale by the wholesaler in this state; (4) Alcoholic beverages have been destroyed while in the possession of a wholesaler within the state by an act of God, such as fire, flood, lightning, wind, or other natural calamity; (5) Wines have been sold by the wholesaler for delivery and consumption outside the state, provided the sale and delivery shall in all respects comply with the requirements of Code Section 3-6-26.1; or (6) Taxes were paid or stamps were purchased under a statute expressly held to be unconstitutional by a court of last resort and the payments were made under protest and the ground of the protest was the same as the basis for the ruling of unconstitutionality by the court of last resort. (b) No person shall receive a credit for taxes paid or stamps purchased in any case where an amount equal to the amount of taxes paid or to the cost of the stamps purchased has been charged to or paid by any purchaser of the person seeking a refund or credit. When an applicant is issued a credit for taxes paid or stamps purchased, in every case where an amount equal to the amount of taxes paid or cost of the stamps purchased has been charged to or paid by any purchaser of the applicant, the applicant shall refund or credit to the purchaser or customer an amount equal to the credit allowed by the commissioner. (c) In the event that the commissioner issues a credit under this Code section to a person who has or will have insufficient tax liabilities to the State of Georgia against which to offset the credit, the commissioner shall issue a refund to such person for the unusable portion of the credit." SECTION 4. Said title is further amended by striking subsection (a) of Code Section 3-2-14, relating to limitations on credit, and inserting in its place a new subsection (a) to read as follows: "(a) No credit for taxes paid on alcoholic beverages or for stamps purchased in payment of taxes on alcoholic beverages shall be allowed unless an application for 3100 JOURNAL OF THE HOUSE credit is filed with the commissioner within 90 days from the date payment is received by the commissioner. If, in the opinion of the commissioner, an application for credit of taxes paid pursuant to this title contains a false statement, the application shall be denied. When an applicant is indebted to the state or an applicant is in violation of this title, the commissioner shall decline to approve the credit until the applicant has complied with the laws of this state. In no event shall interest be allowed on any refund or credit for taxes paid on alcoholic beverages or for stamps purchased in payment of taxes on alcoholic beverages. Nothing contained in this Code section shall be construed so as to allow for a credit or refund of any license fee lawfully due or paid under this title." SECTION 5. Said title is further amended by striking subsection (b) of Code Section 3-2-33, relating to seizure and disposition of contraband alcoholic beverages, and inserting in its place a new subsection (b) to read as follows: "(b) Any peace officer or authorized agent of the commissioner shall declare as contraband any alcoholic beverage: (1) Not bearing the required tax stamps or markings as provided by this title or not reported for collection of taxes under a reporting system established by the commissioner; (2) Found in any county, municipality, or unincorporated area of any county where the sale of alcoholic beverages is not lawful when the alcoholic beverage is intended for use or sale contrary to law; or (3) Sold, conveyed, or possessed, concealed, stored, or held for sale by any person who has not first obtained all licenses required by this title." SECTION 6. Said title is further amended by striking subsection (c) of Code Section 3-3-2, relating to local government licensing powers, and inserting in its place a new subsection (c) to read as follows: "(c) As a prerequisite to the issuance of any initial such permit or license only, the applicant shall furnish a complete set of fingerprints to be forwarded to the Georgia Bureau of Investigation, which shall search the files of the Georgia Crime Information Center for any instance of criminal activity during the two years immediately preceding the date of the application. The Georgia Bureau of Investigation shall also submit the fingerprints to the Federal Bureau of Investigation under the rules established by the United States Department of Justice for processing and identification of records. The federal record, if any, shall be obtained and returned to the governing authority submitting the fingerprints." SECTION 7. Said title is further amended by striking Code Section 3-3-23.1, relating to procedure and penalties upon violation of Code Section 3-3-23, and inserting in its place a new Code Section 3-3-23.1 to read as follows: MONDAY, MARCH 13, 2006 3101 "3-3-23.1. (a) It is unlawful for any person knowingly to violate any prohibition contained in Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchasing, attempting to purchase, and possession of alcoholic beverages by, a person under 21 years of age. (b)(1) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor and shall be punished by not more than six months imprisonment or a fine of not more than $300.00, or both and except that any person convicted of violating paragraph (4) of subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor of a high and aggravated nature. (2) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the second or subsequent conviction, be guilty of a misdemeanor of a high and aggravated nature, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the second or subsequent conviction, be guilty of a misdemeanor. (3) In addition to any other penalty provided for in paragraphs (1) and (2) of this subsection, the driver's license of any person convicted of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 33-23 upon the first conviction shall be suspended for six months and upon the second or subsequent conviction shall be suspended for one year. (c) Whenever any person who has not been previously convicted of any offense under this Code section or under any other law of the United States or this or any other state relating to alcoholic beverages pleads guilty to or is found guilty of a violation of paragraph (2) or (3) of subsection (a) of Code Section 3-3-23, the court, without entering a judgment of guilt and with the consent of such person, may defer further proceedings and place such person on probation upon such reasonable terms and conditions as the court may require. The terms of probation shall preferably be such as require the person to undergo a comprehensive rehabilitation program (including, if necessary, medical treatment), not to exceed three years, designed to acquaint such person with the ill effects of alcohol abuse and with knowledge of the gains and benefits which can be achieved by being a good member of society. Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him or her. Discharge and dismissal under this subsection shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this subsection or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this subsection may occur only once with respect to any person. (d) Unless the officer has reasonable cause to believe such person is intoxicated, a law enforcement officer may arrest by issuance of a citation, summons, or accusation a 3102 JOURNAL OF THE HOUSE person accused of violating only paragraph (2) of subsection (a) any provision of Code Section 3-3-23. The citation, summons, or accusation shall enumerate the specific charges against the person and either the date upon which the person is to appear and answer the charges or a notation that the person will be later notified of the date upon which the person is to appear and answer the charges. If the person charged shall fail to appear as required, the judge having jurisdiction of the offense may issue a warrant or other order directing the apprehension of such person and commanding that such person be brought before the court to answer the charges contained within the citation, summons, or accusation and the charge of his or her failure to appear as required. Nothing in this subsection shall be construed to invalidate an otherwise valid arrest by citation, summons, or accusation of a person who is intoxicated. (e) A law enforcement officer arresting a person by the issuance of a citation, summons, or accusation under subsection (d) of this Code section may require any such person having a driver's license or instruction permit to deposit such license or permit with the arresting officer in order to ensure the appearance of such person to answer the charges against him or her. The procedures and rules connected with the acceptance of such license or permit and subsequent disposition of the case shall be the same as provided for the acceptance of a driver's license as bail on arrest for traffic offenses pursuant to Code Section 17-6-11. (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 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 Driver Services within ten days after conviction or sentencing." SECTION 8. Said title is further amended by striking Code Section 3-4-22, relating to license bonds, and inserting in its place a new Code Section 3-4-22 to read as follows: "3-4-22. (a) All applicants for all licenses other than retail licenses shall file with the commissioner, along with each initial application, a bond: (1) Conditioned to pay all sums which may become due by the applicant to this state as taxes, license fees, or otherwise, arising out of the operation of the business for which licensure is sought; and (2) Conditioned to pay all penalties which may be imposed upon the applicant for failure to comply with the laws and rules and regulations pertaining to distilled spirits. MONDAY, MARCH 13, 2006 3103 The surety for the bonds shall be a surety company licensed to do business in this state, and the bonds shall be in such form as may be required by the commissioner and may be for a term of up to five calendar years. (b) The bonds shall be in the following calendar year amounts: (1) For distillers and manufacturers, $10,000.00; (2) For wholesale dealers and importers, $5,000.00; and (3) For retail dealers and brokers, $2,500.00. (c) All applicants for annual renewal of licenses other than retail licenses must file an annual bond or have a multiyear bond on file with the department that extends at least through the end of the calendar year for which renewal is sought. Such bonds must meet the same conditions as those filed with the initial application." SECTION 9. Said title is further amended by striking subsection (a) of Code Section 3-4-23, relating to certificate of residence required for retail dealer's license or tax stamps, and inserting in its place a new subsection (a) to read as follows: "(a) No retail dealer's license or tax stamps for distilled spirits shall be sold issued to any person unless an application is filed with the commissioner, accompanied by a certificate by the judge of the probate court of the county of the applicant's residence certifying that the applicant has been a bona fide resident of the county or municipality for at least 12 months immediately preceding the application and is a resident of the county or municipality where distilled spirits may be legally sold under this chapter." SECTION 10. Said title is further amended by striking Code Section 3-6-21, relating to filing of bonds, and inserting in its place a new Code Section 3-6-21 to read as follows: "3-6-21. (a) All applicants for all licenses other than retail licenses shall file with the commissioner, along with each initial application, a bond: (1) Conditioned to pay all sums which may become due by the applicant to the state as taxes, license fees, or otherwise, arising out of the operation of the business for which licensure is sought; and (2) Conditioned to pay all penalties which may be imposed upon the applicant for failure to comply with the laws and rules and regulations pertaining to wines. The surety for the bonds shall be a surety company licensed to do business in this state, and the bonds shall be in such form as may be required by the commissioner and may be for a term of up to five calendar years. (b) The bonds required pursuant to subsection (a) of this Code section shall be in the following amounts: amount of $5,000.00 (1) For wineries, $5,000.00; and (2) For retail dealers, $500.00. 3104 JOURNAL OF THE HOUSE (c) The commissioner may waive the requirement of a surety on the bonds of applicants for retail licenses if he determines that a surety is not essential to the protection of the interests of the state. All applicants for annual renewal of licenses other than retail licenses must file an annual bond or have a multiyear bond on file with the department that extends at least through the end of the calendar year for which renewal is sought. Such bonds must meet the same conditions as those filed with the initial application." SECTION 11. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Graves of the 137th and Williams of the 4th move to amend the Committee substitute to HB 1248 by redesignating Sections 10 and 11 as Sections 11 and 12, respectively, and inserting after Section 9 the following: SECTION 10. Said title is further amended by striking Code Section 3-5-25.1, relating to bond requirement for application or renewal of license relative to malt beverages, and inserting in lieu thereof the following: "3-5-25.1. The commissioner may require, in addition to other bonds required by this title, a bond to be filed with the application for a license or the renewal of a license, other than a retail license, conditioned to pay all sums which may become due by the applicant to this state as taxes, license fees, or otherwise, by reason of or incident to, the operation of the business of the applicant and to comply with all the laws, rules, and regulations pertaining to malt beverages. The bond shall be in such form and in such amount approved by the commissioner, not to exceed $5,000.00 for brewers and $500.00 for retailers." 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 E Anderson Y Ashe Y Crawford Y Cummings N Davis Y Day Y Hill, C.A Y Holmes Y Holt Y Horne N Martin N Maxwell Y May Y McCall Y Sailor Y Scheid Y Scott, A Y Scott, M MONDAY, MARCH 13, 2006 3105 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 Buckner, G Y Burkhalter Y Burmeister Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper E Cox Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart N England Y Epps Everson 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 N Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs James N 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 E Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin E McClinton Y Meadows Y Millar N Mills Mitchell Y Morgan N 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 Y Ralston Y Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice N Roberts Y Rogers Y Royal N Rynders 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 E 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, as amended, the ayes were 146, nays 14. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representatives Buckner of the 76th and Burns of the 157th 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 1259. By Representatives Hill of the 21st, Burmeister of the 119th, Day of the 163rd and Ralston of the 7th: A BILL to be entitled an Act to amend Chapter 38 of Title 43 of the O.C.G.A., relating to private detectives and security agencies, so as to revise a definition; to revise the licensing process for private detectives and private security officers; to permit one or more individuals to qualify to hold the 3106 JOURNAL OF THE HOUSE license for an individual, firm, association, company, partnership, limited liability company, or corporation; to provide the board with authority to promulgate rules to ensure that individuals are capable of assuming full responsibility for operations of the particular individual, firm, association, company, partnership, limited liability company, or corporation; to revise the provisions for issuing permits for carrying firearms for certain private detectives and private security officers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to private detectives and security agencies, so as to revise a definition; to revise the licensing process for private detectives and private security officers; to permit one or more individuals to qualify to hold the license for an individual, firm, association, company, partnership, limited liability company, or corporation; to provide the board with authority to promulgate rules to ensure that individuals are capable of assuming full responsibility for operations of the particular individual, firm, association, company, partnership, limited liability company, or corporation; to revise the provisions for issuing permits for carrying firearms for certain private detectives and private security officers; to revise the provisions for granting of training instructor licenses to certain individuals; to remove the provisions making the chapter inapplicable to persons engaged in the business of furnishing information in connection with credit or marketing or engaged as a consumer reporting agency; to provide that engaging in private detective business or private security business without a license is a felony; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to private detectives and security agencies, is amended by striking paragraph (3) of Code Section 43-38-3, relating to definitions, and inserting in it place a new paragraph (3) to read as follows: "(3) 'Private detective business' means the business of obtaining or furnishing, or accepting employment to obtain or to furnish, information with reference to: (A) Crimes or wrongs done or threatened against the United States of America or any state or territory thereof; MONDAY, MARCH 13, 2006 3107 (B) The background, identity, habits, conduct, business, employment, occupation, assets, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person; (C) The location, disposition, or recovery of lost or stolen property; (D) The cause or responsibility for fires, libels, losses, accidents, damage, or injury to persons or property; (E) The securing of evidence in the course of the private detective business to be used before any court, board, officer, or investigating committee; or (F) The protection of individuals from serious bodily harm or death. In addition to the aforementioned services, private detective business shall also mean providing, or accepting employment to provide, protection of persons from death or serious bodily harm." SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 43-38-6, relating to licenses and qualifications, and inserting in its place a new subsection (a) to read as follows: "(a) Any individual, firm, association, company, partnership, limited liability company, or corporation desiring to engage in the private detective or private security business in this state shall make a verified application in writing to the division director for a license therefor. If the applicant is a firm, association, company, partnership, limited liability company, or corporation, the person filing the application on behalf of such firm, association, company, partnership, limited liability company, or corporation shall be a corporate officer of such corporation or an officer of such firm, association, partnership, or limited liability company; and such individual shall meet the qualifications set out in this Code section. In lieu of the foregoing requirement, the applicant of a firm, association, company, partnership, limited liability company, or corporation desiring to engage in the private security business may be the chief security officer, or equivalent position, of such entity, and such individual shall meet the qualifications set out in this Code section." SECTION 3. Said chapter is further amended by striking paragraph (7) of subsection (b) of Code Section 43-38-6, relating to licenses and qualifications, and inserting in its place a new paragraph (7) to read as follows: "(7) The applicant for a private detective company license has had at least two years experience as an agent registered with a licensed detective agency or has had at least two years experience as a supervisor or administrator in in-house investigations, or has had at least two years experience in law enforcement as a peace officer as defined by subparagraph (A) of paragraph (8) of Code Section 35-8-2, or has a fouryear degree in criminal justice or a related field from an accredited university or college; and the applicant for a security company license has had at least two years 3108 JOURNAL OF THE HOUSE experience as a supervisor or administrator in in-house security operations or with a licensed security agency, or has had at least two years experience in law enforcement, or has a four-year degree in criminal justice or a related field from an accredited university or college;" SECTION 4. Said chapter is further amended by adding a new subsection (j) to Code Section 43-38-6, relating to licenses and qualifications, to read as follows: "(j) In addition to the initial applicant, any individual, firm, association, company, partnership, limited liability company, or corporation desiring to engage in the private detective or private security business may choose to designate one or more individuals to qualify to hold the license for the individual, firm, association, company, partnership, limited liability company, or corporation. Such individual or individuals shall meet the same qualifications set out in this Code section as relate to the initial applicant, and the board shall have the authority to promulgate rules and regulations necessary to ensure that such additional individual or individuals are capable of assuming full responsibility for the operations of the particular individual, firm, association, company, partnership, limited liability company, or corporation in compliance with this Code section and with all rules and regulations promulgated pursuant to this Code section." SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 43-38-10, relating to permits to carry firearms, proficiency requirement, exemption from specified laws, denial, refusal to renew, and suspension of permits, and effect of license suspension and restoration, and inserting in its place a new subsection (a) to read as follows: "(a) The board may grant a permit to carry a pistol, revolver, or other firearm to any person who is at least 21 years of age and who is licensed or registered in accordance with this chapter and who meets the qualifications and training requirements set forth in this Code section and such other qualifications and training requirements as the board by rule may establish and who is not prohibited by federal or state law from possession of a firearm. The board shall have the authority to establish limits on type and caliber of such weapons by rule. Application for such permit and for renewal thereof shall be made on forms provided by the division director. No weapons permit issued under this Code section shall be transferable to another individual." SECTION 6. Said chapter is further amended by adding a new subsection (k) to Code Section 43-3810, relating to permits to carry firearms, proficiency requirement, exemption from specified laws, denial, refusal to renew, and suspension of permits, and effect of license suspension and restoration, to read as follows: "(k) The board shall have the authority to refuse to grant a weapons permit to an applicant or to revoke the registration of a person registered by the board if that person would be ineligible for issuance of a license or permit pursuant to subsection (b) of MONDAY, MARCH 13, 2006 3109 Code Section 16-11-129 or if such person would be prohibited under federal or state law from possessing a firearm." SECTION 7. Said chapter is further amended by adding a new subsection (e) to Code Section 43-3810.1, relating to training instructors and training programs, to read as follows: "(e) The board shall have the authority to refuse to grant a training instructor license to an applicant or to revoke the registration of an instructor licensed by the board if that person would be ineligible for issuance of a license or permit pursuant to subsection (b) of Code Section 16-11-129 or if such person would be prohibited under federal or state law from possessing a firearm." SECTION 8. Said chapter is further amended by striking subsection (a) of Code Section 43-38-14, relating to exceptions to operation of chapter and to local regulation, and inserting in its place a new subsection (a) to read as follows: "(a) This chapter shall not apply to: (1) An officer or employee of the United States of America or of this state or a political subdivision thereof while the employee or officer is engaged in the performance of official duties; (2) A person engaged in the business of furnishing information in connection with credit or marketing and a person or firm engaged as a consumer reporting agency, as defined by the federal Fair Credit Reporting Act; (3)(2) An attorney at law or a bona fide legal assistant in performing his or her duties; (4)(3) Admitted insurers, agents, and insurance brokers licensed by the state while performing duties in connection with insurance transacted by them; (5)(4) A peace officer employed on a full-time basis by a federal, state, county, or local law enforcement agency who contracts directly with an employer to work during his or her off-duty hours and whose off-duty employment is conducted on an independent contractor basis with another employer other than a peace officer engaged in the private detective or private security business or a private detective or private security agency, subject to Code Section 16-10-3, relating to the receipt of funds by state officers or employees for the enforcement of penal laws; (6)(5) A firm engaged in the business of independent insurance claims adjusting whose employees hold a valid Georgia adjuster's license; or (7)(6) The employees of a firm mentioned in paragraph (6) (5) of this subsection." SECTION 9. Said chapter is further amended by striking Code Section 43-38-16, relating to penalties, in its entirety and inserting in its place a new Code Section 43-38-16 to read as follows: "43-38-16. Any person who engages in the private detective business or private security business or offers, pretends, or holds himself or herself out as eligible to engage in the private 3110 JOURNAL OF THE HOUSE detective business or private security business and who is not legally licensed or registered under this chapter shall be guilty of a misdemeanor felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 or by imprisonment for not less than two nor more than five years, or both. Each day or fraction of a day that he or she practices in violation of this chapter shall constitute a separate offense." SECTION 10. This Act shall become effective July 1, 2006, and shall not apply to any offense committed before that date. Any such offense committed before that date shall be governed by the statute in effect at the time the offense was committed. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Martin of the 47th and Hill of the 21st move to amend the Committee substitute to HB 1259 by striking all matter on lines 27 through 29 on page 4 and inserting in place thereof the following: (2) A person engaged in the business of furnishing information in connection with credit or marketing and a or firm engaged as a consumer reporting agency, as defined and regulated by the federal Fair Credit Reporting Act; By renumbering the following paragraphs in subsection (a) accordingly. By striking line 7 on page 5 and inserting in place thereof the following: (6) The employees of a firm mentioned in paragraph (6) of this subsection." 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 E Anderson Y Ashe Y Barnard Y Crawford Y Cummings Y Davis Y Day Y Dean Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Martin Y Maxwell May Y McCall E McClinton Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler MONDAY, MARCH 13, 2006 3111 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 Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper E Cox Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 N Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Howard, E 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 Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Meadows Y Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y 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 E 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, as amended, the ayes were 158, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative May of the 111th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. HB 1282. By Representatives Ralston of the 7th and O`Neal of the 146th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to the recording of deeds and other instruments, so as to provide for the filing of a notice of settlement; to provide for an index; to provide for a fee; to provide for a form; to provide for the effect of notice; to provide for duration; to provide for an effective date; to repeal conflicting laws; and for other purposes. 3112 JOURNAL OF THE HOUSE The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to the recording of deeds and other instruments, so as to provide for the filing of a notice of settlement; to provide for an index; to provide for a fee; to provide for a form; to provide for the effect of notice; to provide for duration; 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 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to the recording of deeds and other instruments, is amended by inserting at the end thereof a new Code section to read as follows: "44-2-30. (a) Any party, or his or her legal representative, to a settlement which will convey legal or equitable title to real estate or any interest therein or create any lien thereon by way of a deed to secure debt, mortgage, or other instrument may file an instrument to be designated a 'notice of settlement' with the clerk of the superior court of the county in which the real estate is situated. The notice of settlement shall be filed, permanently recorded, and indexed by the clerk of the superior court in the same manner as real estate records of the county. The clerk of the superior court shall transmit such information regarding notices of settlement as required by the Georgia Superior Court Clerks Cooperative Authority for inclusion in the state-wide uniform automated information system for real and personal property records, as provided for by Code Sections 15-6-97 and 15-6-98. The clerk of the superior court shall charge a fee for the filing and recording of the notice of settlement as is required for filing other instruments pertaining to real estate as set forth in division (f)(1)(A)(i) of Code Section 15-6-77. (b) The notice of settlement provided for in subsection (a) of this Code section shall be signed by said party or legal representative and shall set forth the names of the parties to the settlement and a description of the real estate. If the notice is executed by any one other than an attorney at law of this state, the execution shall be acknowledged or proved in the manner provided by law for the acknowledgment or proof of deeds. (c) After the filing of a notice of settlement, any person claiming title to, an interest in, or a lien upon the real estate described in the notice through any party in the notice shall be deemed to have acquired said title, interest, or lien with knowledge of the anticipated settlement and shall be subject to the terms, conditions, and provisions of the deed or mortgage between the parties filed within the period provided by subsection (e) of this Code section. (d) The form of the notice of settlement shall be substantially as follows: MONDAY, MARCH 13, 2006 3113 'NOTICE OF REAL ESTATE SETTLEMENT This form must be executed by a party or legal representative. If the notice is executed by anyone other than an attorney at law in Georgia, it must be executed and acknowledged or proved in the same manner as a deed. Name(s) and address(es) _______________________ _______________________ _______________________ _______________________ Seller(s) and Name(s) and address(es) _______________________ _______________________ _______________________ _______________________ Buyer(s) and Name(s) and address(es) _______________________ _______________________ _______________________ _______________________ Mortgagee(s) Notice of Settlement NOTICE is hereby given of a contract, agreement, and mortgage and commitment between the parties hereto. The lands to be affected are described as follows: All that certain tract or parcel of lands and premises situate lying and being in the ___________ of ___________, County of _________ and State of Georgia, commonly known as _________ and more particularly described as follows: Tax map reference County of _________ Block No. ___ Lot No.___ Block ___ Prepared by: ___________________________ Name ___________________________ ___________________________ Address ___________________________ Telephone Number' 3114 JOURNAL OF THE HOUSE (e) The notice of settlement shall be effective for 30 days from the date of filing; provided, however, that the notice of settlement shall be allowed to be renewed by a second filing for one additional 30 day period. Any lien filed during said 30 days shall attach to the premises described in the notice immediately upon the expiration of the 30 days, provided that the premises have not been conveyed and notwithstanding the filing of a subsequent notice of settlement." SECTION 2. This Act shall become effective on January 1, 2007. 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 E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler N 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 Everson 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 N Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Hill, C.A Y Holmes Y Holt N Horne Y Houston Y Howard, E 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 Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Martin Y Maxwell N May Y McCall E McClinton Y Meadows Y Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Neal Y Oliver 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 Sailor Y Scheid Y Scott, A N 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 E Warren Watson Y Wilkinson Willard Y Williams, A MONDAY, MARCH 13, 2006 3115 Y Cole Y Coleman, B Y Coleman, T Y Cooper E Cox Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Lunsford Y Maddox Y Mangham Manning Y Marin Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 154, nays 5. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Loudermilk of the 14th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. The Speaker Pro Tem assumed the Chair. HB 1305. By Representatives Amerson of the 9th, Stephens of the 164th, Smith of the 113th, Royal of the 171st and Forster of the 3rd: A BILL to be entitled an Act to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to provide definitions; to provide for investment entities as to which the state is a sole limited liability owner; to provide means of investment of SeedCapital Fund moneys by and through investment entities as to which the state is a sole limited liability owner; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson 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 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 Everson Y Fleming Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills Mitchell Y Morgan Y Morris Y 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 Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T 3116 JOURNAL OF THE HOUSE 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 Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper E Cox Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Henson Y Hill, C Y Jones, J Y Jones, S Y Jordan Y Keen Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Murphy, Q Y Neal Y Oliver 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, V Y Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1318. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide authority to place vending machines on the premises of department facilities for the benefit of employees; to provide for employee benefit funds; to change certain provisions relating to the Board and Department of Corrections; to provide definitions; to provide a statement of legislative intent; 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 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide authority to place vending machines on the premises of department facilities for the benefit of employees; to provide for employee benefit funds; to change certain provisions relating to the Board and Department of Corrections; to provide definitions; to provide a statement of legislative MONDAY, MARCH 13, 2006 3117 intent; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, is amended by adding a new Code section immediately following Code Section 42-2-14 to read as follows: "42-2-15. (a) As used in this Code section, the term: (1) 'Employee' means a full-time or part-time employee of the department or an employee serving under contract with the department. (2) 'Employee benefit fund' means an account containing the facility's profits generated from vending services maintained by a local facility. (3) 'Executive director of the facility' means the warden, superintendent, chief probation official, or such other head of a facility. (4) 'Facility' means a prison, institution, detention center, diversion center, probation office, or such other similar property under the jurisdiction or operation of the department. (5) 'Vending services' means one or more vending machines in a location easily accessible by employees, which services may also be accessible by members of the general public, but which vending machines do not require a manager or attendant for the purpose of purchasing food or drink items. Vending services shall be for the provision of snack or food items or nonalcoholic beverages and shall not include any tobacco products or alcoholic beverages. (b) It is the intent of the General Assembly to provide an employee benefit as set forth in this Code section which benefit shall be of de minimis cost to the state and which shall in turn benefit the state through the retention of dedicated and experienced employees. (c) Any other provision of the law notwithstanding, a facility is authorized to purchase vending machines or enter into vending service agreements by contract, sublease, or license for the purpose of providing vending services to each facility under the jurisdiction of the department. Vending services shall be provided in any facility where the operation of such vending services is capable of generating a profit for that facility. The facility's profits generated from the vending services shall be maintained by the local facility under the authority of the executive director of the facility in an interestbearing account and the account shall be designated the 'employee benefit fund.' (d) The fund shall be administered by a committee of five representatives of the facility to be selected by the executive director of the facility. Funds from the account may be spent as determined by a majority vote of the committee. Funds may be expended on an individual employee of the facility for the purpose of recognizing a death, birth, marriage, or prolonged illness or to provide assistance in the event of a natural disaster 3118 JOURNAL OF THE HOUSE or devastation adversely affecting an employee or an employee's immediate family member. Funds may also be expended on an item or activity which shall benefit all employees of the facility equally for the purposes of developing camaraderie or otherwise fostering loyalty to the department or bringing together the employees of the facility for a meeting, training session, or similar gathering. Funds spent for an individual employee shall not exceed $250.00 per person per event and funds expended for employee gatherings or items shall not exceed $1,000.00 per event or single item; provided, however, that events conducted for the benefit of employees of an entire institution shall not exceed $4,500.00 per event. (e) The employee benefit fund account of each facility shall be reviewed and audited by the administrative office of the local facility and by the department in accordance with standards and procedures established by the department. No account shall maintain funds in excess of $5,000.00. Any funds collected which cause the fund balance to exceed $5,000.00 shall be remitted to the department's general operating budget. (f) Nothing in this Code section shall prohibit a facility from purchasing vending machines or providing or maintaining vending services which do not generate a profit, provided that such services are of no cost to the department, nor shall this Code section be construed so as to prohibit a private provider of vending services from making or retaining a profit pursuant to any agreement for such services." SECTION 2. This Act shall become effective on July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Mills Mitchell 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 Y Smith, B Y Smith, L Y Smith, P MONDAY, MARCH 13, 2006 3119 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 Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper E Cox Y Everson 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 Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 Y Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix 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 Buckner of the 76th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1392. By Representatives Hembree of the 67th, Rice of the 51st, Murphy of the 23rd and Yates of the 73rd: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide for certain penalties for a driver who commits a right of way violation resulting in a collision with a motorcyclist, pedestrian, or bicyclist; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL 3120 JOURNAL OF THE HOUSE To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide for certain penalties for a driver who commits a right of way violation resulting in a collision with a motorcyclist, pedestrian, or bicyclist; to provide 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 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by adding a new Code Section 40-6-77 to read as follows: "40-6-77. Any person who causes an injury to another person as a result of a collision with a motorcyclist, bicyclist, or pedestrian by committing any right of way violation under this chapter when such motorcyclist, bicyclist, or pedestrian is abiding by the provisions of this title shall be guilty of a misdemeanor and shall be punished by a fine of not less than $250.00 in addition to any other penalties stipulated by law. For purposes of this Code section, injury shall mean causing bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, by seriously disfiguring his or her body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless." 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 Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Fleming Y Floyd, H Y Floyd, J Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills 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 Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre MONDAY, MARCH 13, 2006 3121 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 Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper E Cox Y Fludd Y Forster Y Franklin Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Jordan Y Keen Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Oliver O'Neal 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 Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 156, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 111. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding payment of sales and use tax by contractors furnishing tangible personal property and services; to provide for a definition; to provide for powers, duties, and authority of the state revenue commissioner; 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 48 of the Official Code of Georgia Annotated, relating to sales and use 3122 JOURNAL OF THE HOUSE taxes, is amended by striking Code Section 48-8-63, relating to payment of sales and use tax by contractors furnishing tangible personal property and services, and inserting in its place a new Code Section 48-8-63 to read as follows: "48-8-63. (a) As used in this Code section, the term 'nonresident subcontractor' means a person who does not have a bona fide place of business in Georgia through the maintaining of a permanent domicile or business facility engaged in contracting real property work and who contracts with a prime or general contractor to perform all or any part of the contract of the prime or general contractor or who contracts with a subcontractor who has contracted to perform any part of the contract entered into by the prime or general contractor. (a)(b) Each person who orally, in writing, or by purchase order contracts to furnish tangible personal property and to perform services under the contract within this state shall be deemed to be the consumer of the tangible personal property and shall pay the sales tax imposed by this article at the time of the purchase. Any person so contracting who fails to pay the sales tax at the time of the purchase or at the time the sale is consummated outside the limits of this state shall be liable for the payment of the sales or use tax. This Code section shall not relieve the dealer who made the sale from such dealer's liability to collect and pay the tax on purchases by a contractor. (b)(c) Each person who contracts to perform services in this state and who is furnished tangible personal property for use under the contract by the person, or such person's agent or representative, for whom the contract is to be performed, when a sales or use tax has not been paid to this state by the person supplying the tangible personal property, shall be deemed to be the consumer of the tangible personal property so used and shall pay a use tax based on the fair market value of the tangible personal property so used irrespective of whether any right, title, or interest in the tangible personal property becomes vested in the contractors. (c)(d) Each person who orally, in writing, or by purchase order contracts to perform any service the principal part of which is the furnishing of machinery which will not be under the exclusive control of the contractor shall be liable to collect a sales tax on the rental value of the machinery so used. If labor and other charges are not separated from the rental charge, the person so contracting shall be liable to collect a sales tax on the entire contract price. (d)(e)(1) Any subcontractor who enters into a construction contract with a general or prime contractor shall be liable under this article as a general or prime contractor. Any general or prime contractor who enters into any construction contract or contracts with any nonresident subcontractor, where the total amount of such contract or contracts between such general or prime contractor and any nonresident subcontractors on any given project equals or exceeds $250,000.00 shall withhold up to 4 percent of the payments due the nonresident subcontractor in satisfaction of any sales or use taxes owed this state. (2) The prime or general contractor shall withhold payments on all contracts that meet the criteria specified in paragraph (1) of this subsection until the nonresident MONDAY, MARCH 13, 2006 3123 subcontractor furnishes such prime or general contractor with a certificate issued by the commissioner showing that all sales taxes accruing by reason of the contract between the nonresident subcontractor and the general or prime contractor have been paid and satisfied. If the prime or general contractor for any reason fails to withhold up to 4 percent of the payments due the nonresident subcontractor under their contract, such prime or general contractor shall become liable for any sales or use taxes due or owed this state by the nonresident subcontractor. (e)(f) Whenever a nonresident subcontractor holding a contract with a general or prime contractor has posted with the commissioner either a good and valid bond with a surety company authorized to do business in this state or legal securities in an amount of not less than $5,000.00 nor more than $50,000.00, as determined by the commissioner, conditioned that all sales and use taxes which may accrue to this state on account of the execution of contracts that meet the criteria established in paragraph (1) of subsection (e) of this Code section by nonresident subcontractors will be paid when due, no general or prime contractor shall withhold any sums due the nonresident subcontractor under their contract with respect to sales and use taxes. (f)(g) Nothing contained in this Code section shall be construed to impose any sales or use tax with respect to the use of tangible personal property owned by the United States in the performance of contracts with the United States when the property is not actually used up and consumed in the performance of the contract. Tangible personal property incorporated into real property construction which loses its identity as tangible personal property shall be deemed to be used up and consumed within the meaning of this subsection. (g)(h)(1) Nothing contained in this Code section shall be construed to impose any sales or use tax with respect to the use of tangible personal property owned by the State of Georgia, the University System of Georgia, or any county, municipality, local board of education, or other political subdivision of this state in the performance of contracts with such entities when the property is not actually used up and consumed in the performance of the contract. Tangible personal property incorporated into real property construction which loses its identity as tangible personal property shall be deemed to be used up and consumed within the meaning of this subsection. Any governmental entity which furnishes tangible personal property to a contractor for incorporation into a construction, renovation, or repair project conducted pursuant to a contract with such governmental entity shall issue advance written notice to such contractor of the amount of tax owed for such tangible personal property. The failure of the governmental entity to issue such advance written notice to the contractor of such tax liability shall render such governmental entity liable for such tax. (2) This subsection shall not apply with respect to the use of tangible personal property owned by the United States. (i) The commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section." 3124 JOURNAL OF THE HOUSE SECTION 2. This Act shall become effective July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague 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 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 E 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 Everson 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 Y Howard, E Y Hudson Y Hugley Y Jackson Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills 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 Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler 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 Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Watson Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 155, nays 0. MONDAY, MARCH 13, 2006 3125 The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Manning of the 32nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1412. By Representatives Smith of the 168th, Mosley of the 178th, Stephens of the 164th, Royal of the 171st and Bridges of the 10th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, 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 require the use of clean and renewable fuels in certain vehicles operated by certain government entities under certain circumstances; to provide for legislative findings and declarations; 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 20 of the Official Code of Georgia Annotated, relating to education, 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 require the use of clean and renewable fuels in certain vehicles operated by certain government entities under certain circumstances; to provide for legislative findings and declarations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly finds and declares as follows: (1) Georgia currently consumes nearly 6.5 billion gallons of gasoline and diesel fuel annually; (2) Petroleum is imported primarily from outside the United States; (3) Using clean alternative fuels instead of fossil fuels will provide for a cleaner environment by reducing water and air contamination; (4) In particular, the use of clean renewable fuels such as biodiesel and ethanol will provide additional benefits for the State of Georgia; (5) Georgia has the potential to create a biofuels industry that would serve as a model for the South and thereby attract additional new industries; 3126 JOURNAL OF THE HOUSE (6) This biofuels industry could add over $1 billion of economic activity to Georgia and increase the state's income tax collections by over $10 million annually; (7) Nearly 500 direct and over 1,000 indirect jobs would be created by the Georgia biofuels industry; and (8) Creating this industry will add additional value to Georgia's agricultural and forestry commodities, including biomass, and support land values in rural Georgia. SECTION 2. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by inserting immediately following Code Section 20-2-504 a new Code section to read as follows: "20-2-504.1. (a) As used in this Code section, the term: (1) 'Biodiesel fuel' means fuel meeting the American Society for Testing and Materials D6751 specification with a minimum blend level of 2 percent. (2) 'Clean renewable fuel' means biodiesel fuel and ethanol. (3) 'Ethanol' means fuel meeting the American Society for Testing and Materials specification with a minimum blend level of 5 percent. (b) On and after January 1, 2007, each local school district shall use clean renewable fuel in any gasoline or diesel motor vehicle or equipment it operates whenever such fuel is compatible with the technology of the vehicle or equipment and is reasonably available at a cost similar to that of conventional fuel. (c) On and after January 1, 2007, no local school district shall enter into any contract to purchase or lease any motor vehicle that is not capable of being powered by clean renewable fuel or other alternative fuel if a motor vehicle capable of being powered by such a clean renewable fuel is suitable for the intended use and such motor vehicle is reasonably available at a cost similar to that of comparable conventionally fueled vehicles." SECTION 3. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by inserting a new Code section immediately following Code Section 36-60-23 to read as follows: "36-60-24. (a) As used in this Code section, the term: (1) 'Biodiesel fuel' means fuel meeting the American Society for Testing and Materials D6751 specification with a minimum blend level of 2 percent. (2) 'Clean renewable fuel' means biodiesel fuel and ethanol. (3) 'Ethanol' means fuel meeting the American Society for Testing and Materials specification with a minimum blend level of 5 percent. (b) On and after January 1, 2007, each county and municipal corporation shall use clean renewable fuel in any gasoline or diesel motor vehicle or equipment it operates MONDAY, MARCH 13, 2006 3127 whenever such fuel is compatible with the technology of the vehicle or equipment and is reasonably available at a cost similar to that of conventional fuel. (c) On and after January 1, 2007, no county or municipal corporation shall enter into any contract to purchase or lease any motor vehicle that is not capable of being powered by clean renewable fuel or other alternative fuel if a motor vehicle capable of being powered by such a clean renewable fuel is suitable for the intended use and such motor vehicle is reasonably available at a cost similar to that of comparable conventionally fueled vehicles." SECTION 4. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by inserting a new Code section immediately following Code Section 50-19-6 to read as follows: "50-19-6.1. (a) As used in this Code section, the term: (1) 'Biodiesel fuel' means fuel meeting the American Society for Testing and Materials D6751 specification with a minimum blend level of 2 percent. (2) 'Clean renewable fuel' means biodiesel fuel and ethanol. (3) 'Ethanol' means fuel meeting the American Society for Testing and Materials specification with a minimum blend level of 5 percent. (b) On and after January 1, 2007, each office, agency, department, board, bureau, commission, institution, authority, or other entity of the state shall use clean renewable fuel in any gasoline or diesel motor vehicle or equipment it operates whenever such fuel is compatible with the technology of the vehicle or equipment and is reasonably available at a cost similar to that of conventional fuel. (c) On and after January 1, 2007, no office, agency, department, board, bureau, commission, institution, authority, or other entity of the state shall enter into any contract to purchase or lease any motor vehicle that is not capable of being powered by clean renewable fuel or other alternative fuel if a motor vehicle capable of being powered by such a clean renewable fuel is suitable for the intended use and such motor vehicle is reasonably available at a cost similar to that of comparable conventionally fueled vehicles." SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by Representative Smith of the 168th, was read and adopted: A BILL To amend Title 20 of the Official Code of Georgia Annotated, relating to education, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 3128 JOURNAL OF THE HOUSE of the Official Code of Georgia Annotated, relating to state government, so as to encourage the use of clean renewable fuels in certain vehicles operated by certain government entities under certain circumstances; to provide for legislative findings and declarations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly finds and declares as follows: (1) Georgia currently consumes nearly 6.5 billion gallons of gasoline and diesel fuel annually; (2) Petroleum is imported primarily from outside the United States; (3) Using clean alternative fuels instead of fossil fuels will provide for a cleaner environment by reducing water and air contamination; (4) In particular, the use of clean renewable fuels such as biodiesel blend and ethanol blend will provide additional benefits for the State of Georgia; (5) Georgia has the potential to create a biofuels industry that would serve as a model for the South and thereby attract additional new industries; (6) This biofuels industry could add over $1 billion of economic activity to Georgia and increase the state's income tax collections by over $10 million annually; (7) Nearly 500 direct and over 1,000 indirect jobs would be created by the Georgia biofuels industry; and (8) Creating this industry will add additional value to Georgia's agricultural and forestry commodities, including biomass, and support land values in rural Georgia. SECTION 2. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by inserting immediately following Code Section 20-2-504 a new Code section to read as follows: "20-2-504.1. (a) As used in this Code section, the term: (1) 'Biodiesel blend' means a blended fuel containing petroleum diesel fuel with a minimum level of 2 percent biodiesel fuel. (2) 'Biodiesel fuel' means a fuel composed of mono-alkyl esters of long chain fatty acids derived from wood and wood residues, crops, residues, stover, agricultural wastes, or animal fats, with each production run meeting the requirements of American Society for Testing and Materials Standard D 6751. (3) 'Clean renewable fuel' means biodiesel blend or ethanol blend. (4) 'Ethanol blend' means fuel meeting the American Society for Testing and Materials specification with a minimum level of 5 percent ethanol. (b) On and after January 1, 2007, each local school district is encouraged to use clean renewable fuel in any gasoline or diesel motor vehicle or equipment it operates MONDAY, MARCH 13, 2006 3129 whenever such fuel is compatible with the technology of the vehicle or equipment and is reasonably available at a cost similar to that of conventional fuel. (c) On and after January 1, 2007, local school districts are encouraged to enter into contracts to purchase or lease motor vehicles and equipment that are capable of being powered by clean renewable fuel or other alternative fuel if motor vehicles and equipment capable of being powered by such a clean renewable fuel are suitable for the intended use and such motor vehicles and equipment are reasonably available at a cost similar to that of comparable conventionally fueled vehicles and equipment." SECTION 3. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by inserting a new Code section immediately following Code Section 36-60-23 to read as follows: "36-60-24. (a) As used in this Code section, the term: (1) 'Biodiesel blend' means a blended fuel containing petroleum diesel fuel and a minimum level of 2 percent biodiesel fuel. (2) 'Biodiesel fuel' means a fuel composed of mono-alkyl esters of long chain fatty acids derived from wood and wood residues, crops, residues, stover, agricultural wastes, or animal fats, with each production run meeting the requirements of American Society for Testing and Materials Standard D 6751. (3) 'Clean renewable fuel' means biodiesel blend or ethanol blend. (4) 'Ethanol blend' means fuel meeting the American Society for Testing and Materials specification with a minimum level of 5 percent ethanol. (b) On and after January 1, 2007, each county and municipal corporation is encouraged to use clean renewable fuel in any gasoline or diesel motor vehicle or equipment it operates whenever such fuel is compatible with the technology of the vehicle or equipment and is reasonably available at a cost similar to that of conventional fuel. (c) On and after January 1, 2007, counties or municipal corporations are encouraged to enter into contracts to purchase or lease motor vehicles and equipment that are capable of being powered by clean renewable fuel or other alternative fuel if motor vehicles and equipment capable of being powered by such a clean renewable fuel are suitable for the intended use and such motor vehicles and equipment are reasonably available at a cost similar to that of comparable conventionally fueled vehicles and equipment." SECTION 4. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by inserting a new Code section immediately following Code Section 50-19-6 to read as follows: "50-19-6.1. (a) As used in this Code section, the term: (1) 'Biodiesel blend' means a blended fuel containing petroleum diesel fuel with a minimum level of 2 percent biodiesel fuel. 3130 JOURNAL OF THE HOUSE (2) 'Biodiesel fuel' means a fuel composed of mono-alkyl esters of long chain fatty acids derived from wood and wood residues, crops, residues, stover, agricultural wastes, or animal fats, with each production run meeting the requirements of American Society for Testing and Materials Standard D 6751. (3) 'Clean renewable fuel' means biodiesel blend or ethanol blend. (4) 'Ethanol blend' means fuel meeting the American Society for Testing and Materials specification with a minimum level of 5 percent ethanol. (b) On and after January 1, 2007, each office, agency, department, board, bureau, commission, institution, authority, or other entity of the state is encouraged to use clean renewable fuel in any gasoline or diesel motor vehicle or equipment it operates whenever such fuel is compatible with the technology of the vehicle or equipment and is reasonably available at a cost similar to that of conventional fuel. (c) On and after January 1, 2007, offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or any other entities of the state are encouraged to enter into contracts to purchase or lease motor vehicles and equipment that are capable of being powered by clean renewable fuel or other alternative fuel if motor vehicles and equipment capable of being powered by such a clean renewable fuel are suitable for the intended use and such motor vehicles and equipment are reasonably available at a cost similar to that of comparable conventionally fueled vehicles and equipment." SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson 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 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 Everson Y Fleming Y Floyd, H Y Floyd, J Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre MONDAY, MARCH 13, 2006 3131 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 E 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 Heckstall Y Hembree Y Henson Y Hill, C Y Jordan Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 Y Rice Y Roberts Y Rogers Y Royal Y Rynders Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix 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. HB 1436. By Representatives Smith of the 113th, Ehrhart of the 36th, Chambers of the 81st, Drenner of the 86th, Burkhalter of the 50th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 3 of the O.C.G.A., relating to general provisions relative to wine, so as to authorize restaurant patrons to remove for off-premises consumption a resealed partially consumed bottle of wine that was purchased with a full-course meal; to provide for a definition of the term full-course meal; to amend Article 11 of Chapter 6 of Title 40 of the O.C.G.A., relating to miscellaneous provisions of the uniform rules of the road, so as to provide that a resealed partially consumed bottle of wine that was purchased with a full-course meal is not an open alcoholic beverage container for purposes of the prohibition against possessing an open container of alcohol in the passenger area of a motor vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, 3132 JOURNAL OF THE HOUSE relating to general provisions relative to wine, so as to authorize restaurant patrons to remove for off-premises consumption a resealed partially consumed bottle of wine that was purchased with a full-course meal; to provide for a definition of the term full-course meal; to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, so as to provide that a resealed partially consumed bottle of wine that was purchased with a fullcourse meal is not an open alcoholic beverage container for purposes of the prohibition against possessing an open container of alcohol in the passenger area of a motor vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions relative to wine, is amended by inserting at the end thereof a new Code Section 3-6-4 to read as follows: "3-6-4. (a) As used in this Code section, the term 'full-course meal' means a meal consisting of a salad or vegetable, an entree, a beverage, and bread. (b) Notwithstanding any other contrary provision of law, any establishment which is licensed to sell alcoholic beverages for consumption on the premises may permit a patron to remove one unsealed bottle of wine per patron for consumption off premises, if the patron has purchased a full-course meal and consumed a portion of the bottle of wine on the premises with such meal on the establishment's premises. A partially consumed bottle of wine that is to be removed from the premises must be securely resealed by the licensee or its employees before removal from the premises. The partially consumed bottle of wine shall be placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with, and a dated receipt for the bottle of wine and full-course meal shall be provided by the licensee and attached to the container. If transported in a motor vehicle, the container with the resealed bottle of wine shall be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk." SECTION 2. Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, is amended by striking paragraph (2) of subsection (a) of Code Section 40-6-253, relating to consumption of alcoholic beverages or possession of open container of alcoholic beverage in passenger area, and inserting in its place a new paragraph (2) to read as follows: "(2) 'Open alcoholic beverage container' means any bottle, can, or other receptacle that: (A) Contains any amount of alcoholic beverage; and MONDAY, MARCH 13, 2006 3133 (B)(i) Is open or has a broken seal; or (ii) The contents of which are partially removed. A bottle of wine that has been resealed and is transported pursuant to Code Section 36-4 shall not constitute an open alcoholic beverage container for purposes of this Code section." 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 E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper E Cox Y Crawford Y Cummings N Davis Y Day Dean Y Dickson Y Dodson N Dollar Y Drenner Y Dukes Y Ehrhart N England Y Epps Everson Y Fleming Y Floyd, H Y Floyd, J N Fludd Forster Y Franklin Y Freeman Y Gardner Y Geisinger 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 Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings N Johnson Y Jones, J Y Jones, S Jordan Y Keen N Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Lunsford N Maddox N Mangham Y Manning Y Marin Y Martin N Maxwell Y May Y McCall E McClinton Y Meadows Y Millar N Mills Mitchell Y Morgan Morris Y Mosby N Mosley Y Mumford Y Murphy, J Y Murphy, Q N Neal Y Oliver O'Neal Orrock Y Parham Y Parrish Parsons Y Porter Y Powell Y Ralston Randall Y Ray N Reece, B Y Reece, S N Reese Y Rice N Roberts Y Rogers Y Royal N Rynders N 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 Stephenson Y Talton N Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin N Walker E Warren Watson N Wilkinson Y Willard Williams, A Y Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker 3134 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 128, nays 25. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Jenkins of the 8th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. The Speaker assumed the Chair. HR 1045. By Representatives Golick of the 34th, Hembree of the 67th, Smith of the 129th, Roberts of the 154th, Knight of the 126th and others: A RESOLUTION proposing an amendment to the Constitution of Georgia so as to protect lottery funds so that they may be reserved only for the HOPE Scholarship Program and other tuition grants, scholarships, or loans to enable citizens of this state to attend colleges and universities within this state, for voluntary pre-kindergarten, and for educational shortfall reserves; 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: N Abdul-Salaam Y Amerson E Anderson N Ashe Y Barnard N Barnes Y Bearden E Beasley-Teague N Benfield Benton N Black N Bordeaux Y 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 Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E 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 Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre Stanley-Turner Y Stephens N Stephenson Y Talton MONDAY, MARCH 13, 2006 3135 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 E Cox N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T N Greene N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y 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 Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker E Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 102, nays 68. The Resolution, having failed to receive the requisite constitutional majority, was lost. Representative Hembree of the 67th moved that the House reconsider its action in failing to give the requisite constitutional majority to HR 1045. 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 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 Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson N Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson 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 Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E N Hudson N Hugley N Jackson N Jacobs N James N Jamieson Y Jenkins Y Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter N Powell Y Ralston N Randall N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker E Warren 3136 JOURNAL OF THE HOUSE Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper E Cox N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin N Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 109, nays 63. The motion prevailed. Representative Golick of the 34th moved that HR 1045 be placed upon the table. 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 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 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 Y Coleman, T 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 Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T N Greene N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E Y Hudson N Hugley N Jackson N Jacobs N James N Jamieson Y Jenkins Y Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter N Powell Y Ralston N Randall Y Ray N 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 Y Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre Stanley-Turner Y Stephens Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker E Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix MONDAY, MARCH 13, 2006 3137 Y Cooper E Cox N Henson Y Hill, C Y Manning N Marin Y Royal Y Rynders Y Yates Richardson, Speaker On the motion, the ayes were 112, nays 59. The motion prevailed. Representative Jenkins of the 8th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" 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 "nay" thereon. HB 1445. By Representatives Mills of the 25th, Stephens of the 164th, Keen of the 179th, Burmeister of the 119th, Coan of the 101st and others: A BILL to be entitled an Act to amend Code Section 16-12-142 of the Official Code of Georgia Annotated, relating to requiring medical facilities or physicians to perform abortions and requiring others to assist, so as to provide that a pharmacist who states in writing an objection to any abortion shall not be required to fill a prescription for a drug if the pharmacist believes the drug would have the effect or possible effect of terminating a pregnancy; to provide that such refusal shall not be the basis for any claim for damages; to provide for the duration of the effectiveness of the written objection; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 16-12-142 of the Official Code of Georgia Annotated, relating to requiring medical facilities or physicians to perform abortions and requiring others to assist, so as to provide that a pharmacist who states in writing an objection to any abortion shall not be required to fill a prescription for a drug if the pharmacist believes the drug would have the effect or possible effect of terminating a pregnancy; to provide that such refusal shall not be the basis for any claim for damages; to provide for the duration of the effectiveness of the written objection; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 3138 JOURNAL OF THE HOUSE Code Section 16-12-142 of the Official Code of Georgia Annotated, relating to requiring medical facilities or physicians to perform abortions and requiring others to assist, is amended by striking such Code section and inserting in its place the following: "16-12-142. (a) Nothing in this article shall require a hospital or other medical facility or physician to admit any patient under the provisions of this article for the purpose of performing an abortion. In addition, any person who states in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to participate in procedures which will result in such abortion; and the refusal of the person to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against the person. The written objection shall remain in effect until the person revokes it or terminates his association with the facility with which it is filed. (b) Any pharmacist who states in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to fill a prescription for a drug which purpose is believed by the pharmacist to have the effect or possible effect of terminating a pregnancy; and the refusal of the person to fill such prescription shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against the person or his or her employer; provided, however, that the pharmacist shall make all reasonable efforts to locate another pharmacist who is willing to fill such prescription or shall immediately return the prescription to the prescription holder. The written objection shall remain in effect until the person revokes it or terminates his or her association with the facility with which it is filed." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Abdul-Salaam Amerson E Anderson N Ashe Y Barnard N Barnes N Bearden E Beasley-Teague N Benfield N Benton Y Black N Bordeaux N Crawford N Cummings Y Davis Y Day N Dean Y Dickson N Dodson E Dollar N Drenner N Dukes Y Ehrhart Y England Y Hill, C.A N Holmes Y Holt Y Horne N Houston N Howard, E N Hudson N Hugley N Jackson N Jacobs N James N Jamieson Y Martin Y Maxwell Y May Y McCall E McClinton N Meadows E Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L MONDAY, MARCH 13, 2006 3139 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 Byrd Y Carter Y Casas N Chambers N Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper E Cox N Epps Y Everson Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick N Graves, D Y Graves, T Y Greene N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson N Hill, C 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 E Lane, R Y Lewis N Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox Mangham N Manning N Marin Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver O'Neal N Orrock N Parham N Parrish Y Parsons N Porter Y Powell Y Ralston N Randall Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker E Warren N Watson N Wilkinson N Willard N Williams, A N Williams, E Y Williams, R N Wix Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 82, nays 78. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Mills of the 25th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 1445. 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 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 Crawford Y Cummings Y Davis Y Day N Dean Y Dickson N Dodson E Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E N 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 Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre Stanley-Turner 3140 JOURNAL OF THE HOUSE N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Byrd Y Carter Y Casas N Chambers N Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Cooper E Cox Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick N Graves, D Y Graves, T Greene N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham N Manning N Marin Y O'Neal N Orrock N Parham N Parrish Y Parsons N Porter Powell Y Ralston N Randall Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker E Warren N Watson Y Wilkinson Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 90, nays 70. The motion prevailed. Representative Mills of the 25th moved that HB 1445 be placed upon the table. 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 Y Bearden E 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 Byrd Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson Y Dodson E Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson 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 Hill, C.A N Holmes Holt Y Horne N Houston N Howard, E N 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 Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills N Mitchell N Morgan Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock N Parham N Parrish Y Parsons N Porter Powell N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin MONDAY, MARCH 13, 2006 3141 Y Carter Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Cooper E Cox 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 E Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox Mangham Manning N Marin Y Ralston N Randall Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers N Royal Y Rynders Y Walker E 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 93, nays 67. The motion prevailed. Representatives Jones of the 46th and Morris of the 155th 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 Manning of the 32nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon. HB 1483. By Representative Parsons of the 42nd: A BILL to be entitled an Act to amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," so as to require two public hearings prior to decreasing any local salary supplement when there has been an increase in the state minimum salary schedule; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," so as to require two public hearings prior to decreasing any local salary supplement when there has been an increase in the state minimum salary schedule; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 3142 JOURNAL OF THE HOUSE SECTION 1. Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," is amended by striking subsection (b) and inserting in lieu thereof the following: "(b) Local units of administration may supplement the salaries of personnel subject to the schedule of minimum salaries under subsection (a) of this Code section and, in fixing the amount of those supplements, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular employee whose salary is being supplemented. In any fiscal year in which such personnel receive an increase under the minimum salary schedule, a local unit of administration shall not decrease any local salary supplement for such personnel below the local supplement amount received in the immediately preceding fiscal year by those personnel of that local unit of administration unless such local unit of administration has conducted at least one two public hearing hearings regarding such decrease, notice of which hearing hearings, including the time, place, agenda, and specific subject matter of the meeting, the local unit shall cause to be published in the legal organ of the county which is the legal situs of such local unit one time at least seven days prior to the date such hearing is hearings are to be held. Written notice shall be provided to each employee subject to the schedule of minimum salaries under subsection (a) of this Code section at least seven days prior to the date of the hearings. Each such hearing shall be held and shall commence after school hours to allow certificated and noncertificated personnel to attend." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson E Anderson 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 Dean Y Dickson Y Dodson E Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y 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 Y Smith, B Y Smith, L Y Smith, P MONDAY, MARCH 13, 2006 3143 Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper E Cox Y Everson 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 Y Heckstall Y Hembree Y Henson Y Hill, C Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Keen Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin 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 Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E 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 156, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. The following Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time: HB 1273. By Representatives O`Neal of the 146th, Talton of the 145th and Morris of the 155th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to security deposits, so as to change certain provisions regarding placement of security deposits in escrow accounts; to repeal conflicting laws; and for other purposes. The following amendment was read and adopted: Representatives Benton of the 31st and Smith of the 113th move to amend HB 1273 by inserting after "accounts;" on line 3 of page 1 the following: 3144 JOURNAL OF THE HOUSE to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide that a landlord may initiate dispossessory proceedings immediately after refusal by tenant of demand for possession; to provide that a service by posting the summons to the premises and mailing a copy to the defendant shall be sufficient for entry of a default judgment for possession in the absence of an answer being filed; to provide for the payment of certain sums into the registry of the court; By inserting between lines 18 and 19 of page 1 the following: SECTION 1.1. Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, is amended by striking in its entirety subsection (a) of Code Section 44-7-50, relating to demand for possession and procedure upon tenant's refusal, and inserting in lieu thereof the following: (a) In all cases where a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to the tenant or fails to pay the rent when it becomes due and in all cases where lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of the lands or tenements desires possession of the lands or tenements, the owner may, individually or by an agent, attorney in fact, or attorney at law, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner or the agent, attorney at law, or attorney in fact of the owner may immediately go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. The affidavit may likewise be made before a notary public, subject to the same requirements for judicial approval specified in Code Section 18-4-61, relating to garnishment affidavits. SECTION 1.2. Said article is further amended by inserting at the end of Code Section 44-7-51, relating to issuance of summons, service, time of answer, and defenses and counterclaims, the following: (c) If service is by posting a copy of the summons and the affidavit on the door of the premises and mailing a copy of the summons and the affidavit to the defendant, as provided in subsection (a) of this Code section, the court shall have jurisdiction to enter a default judgment for possession of the premises in the absence of an answer being filed, but in such instance a default judgment for money owed may not be entered unless the defendant files an answer or otherwise make an appearance in the case. MONDAY, MARCH 13, 2006 3145 SECTION 1.3. Said article is further amended by striking in its entirety Code Section 44-7-56, relating to appeal and possession and payment of rent pending appeal, and inserting in lieu thereof the following: 44-7-56. Any judgment by the trial court shall be appealable pursuant to Chapters 2, 3, 6, and 7 of Title 5, provided that any such appeal shall be filed within seven days of the date such judgment was entered and provided, further, that, after the notice of appeal is filed with the clerk of the trial court, the clerk shall immediately notify the trial judge of the notice of appeal and the trial judge may, within 15 days, supplement the record with findings of fact and conclusions of law which will be considered as a part of the order of the judge in that case. If the judgment of the trial court is against the tenant and the tenant appeals this judgment, the court may upon motion of the landlord and upon good cause shown order the tenant shall be required to pay into the registry of the court all sums found by the trial court to be due for rent in order to remain in possession of the premises. The tenant shall also be required to pay all future rent as it becomes due into the registry of the trial court pursuant to paragraph (1) of subsection (a) of Code Section 44-7-54 until the issue has been finally determined on appeal. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson E Anderson 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 Y Burmeister Y Burns 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 Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley N 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 Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y 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 Y Parsons Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M 3146 JOURNAL OF THE HOUSE Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper E Cox Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Porter Y Powell Y Ralston Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Thomas, B Y Tumlin Y Walker E Warren Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, as amended, the ayes were 155, nays 7. The Bill, having received the requisite constitutional majority, was passed, as amended. 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. HR 1551. By Representatives Stephens of the 164th, Smith of the 70th, Hill of the 180th, Lane of the 158th, Burns of the 157th and others: A RESOLUTION creating the Joint Comprehensive Water Desalination Study Committee; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION Creating the Joint Comprehensive Water Desalination Study Committee; and for other purposes. WHEREAS, the task of securing sustainable water sources for Georgia while improving and preserving the quality of coastal waters, rivers, lakes, and ground water is vital to the citizenry of the state; and WHEREAS, since 1964, the General Assembly has passed laws relating to water quality protection and water quantity allocation; and WHEREAS, these laws and subsequent programs form a strong foundation for water policy in Georgia; and MONDAY, MARCH 13, 2006 3147 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, recent stresses to Georgia's water resources mandate a re-examination of Georgia's water policy in Georgia and the viability of alternative water sources such as purification of sea water through the desalination process; and WHEREAS, desalination may be a potential method to augment water supply sources, to reduce water shortages in future droughts, and to help preserve this valuable resource; and WHEREAS, additional actions are necessary to provide safe and secure water supply for predicted population growth at least 20 years into the future; and WHEREAS, in light of the above issues it is now time to study the viability of using desalination in Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Comprehensive Water Desalination Study Committee to be composed of ten members. The chairperson of the House Committee on Natural Resources and Environment and the chairperson of the Senate Natural Resources and the Environment Committee shall serve as cochairpersons of the committee. The Speaker of the House of Representatives shall appoint four members of the House of Representatives as members of the committee. The Senate Committee on Assignments shall appoint four members of the Senate as members of the committee. The cochairpersons 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. 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. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 1, 2006. The committee shall stand abolished on December 1, 2006. 3148 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam 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 Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper E Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E 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 E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y 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 Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolution, by substitute, the ayes were 163, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, 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. MONDAY, MARCH 13, 2006 3149 HB 1193. By Representatives Knight of the 126th, Rice of the 51st, Coleman of the 97th, Ralston of the 7th and Talton of the 145th: A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances, so as to prohibit owning or operating vehicles containing false or secret compartments; to prohibit installing false or secret compartments in a vehicle; to subject such vehicles to forfeiture; to provide a penalty for violations; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to prohibit owning or operating vehicles containing false or secret compartments; to provide for definitions; to provide for proof of intent under certain circumstances; to prohibit operating any vehicle containing false or secret compartments, installing false or secret compartments in a vehicle, or selling a vehicle with false or secret compartments; to provide for a penalty; to provide for disposition of a vehicle containing a false or secret compartment; 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 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by adding a new Code section to read as follows: "16-11-112. (a) As used in this Code section, the term: (1)(A) 'False or secret compartment' means any enclosure which is integrated into or attached to a vehicle and the purpose of the compartment is to conceal, hide, or prevent discovery by law enforcement officers of: (i) A person concealed for an unlawful purpose; (ii) Controlled substances possessed in violation of Article 2 of Chapter 13 of this title; or (iii) Other contraband. (B) Examples of 'false or secret compartment' may include, but are not limited to: (i) False, altered, or modified fuel tanks; 3150 JOURNAL OF THE HOUSE (ii) Original factory equipment on a vehicle that has been modified; or (iii) Any compartment, space, or box that is added or attached to existing compartments, spaces, or boxes of the vehicle. (2) 'Vehicle' includes, but is not limited to, cars, trucks, buses, motorcycles, bicycles, aircraft, helicopters, boats, ships, yachts, and other vessels. (b) It may be inferred that the accused intended to use a false or secret compartment if a person knowingly has a false or secret compartment which: (1) Is concealing a person for an unlawful purpose; (2) Is concealing a controlled substance in violation of Article 2 of Chapter 13 of this title; (3) Is concealing other contraband; (4) Shows evidence of the previous concealment of a person for an unlawful purpose; (5) Shows evidence of the previous concealment of controlled substances in violation of Article 2 of Chapter 13 of this title; or (6) Shows evidence of the previous concealment of other contraband. (c)(1) It is unlawful for any person to knowingly own or operate any vehicle containing a false or secret compartment. (2) It is unlawful for any person to knowingly install, create, build, or fabricate in any vehicle a false or secret compartment. (3) It is unlawful for any person to knowingly sell, trade, or otherwise dispose of a vehicle which is in violation of this Code section. (d) Any person who violates this Code section shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than two years, by a fine not to exceed $10,000.00, or both. (e) Upon the arrest of a person who owns or is operating a vehicle which is in violation of this Code section, if the vehicle is not otherwise subject to forfeiture under other provisions of law, or not determined to be needed to be held as evidence, the law enforcement officer shall seize the license plate and registration for such vehicle and shall issue a citation for violation of this Code section and a temporary license plate for the vehicle. The temporary license plate shall be on a form as prescribed by the state revenue commissioner. The temporary license plate shall be valid for 30 days or until the owner of the vehicle provides verification that such vehicle has been repaired so as to eliminate any violation of this Code section, whichever occurs first. Such vehicle shall be subject to inspection by law enforcement and if it is determined that such vehicle has been repaired, the license plate and registration shall be returned to the owner at such time." 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. MONDAY, MARCH 13, 2006 3151 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 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 N Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper E Cox Crawford Y Cummings Y Davis Y Day N Dean Y Dickson Y Dodson Y Dollar Y Drenner N Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley N 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 152, nays 9. 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. 3152 JOURNAL OF THE HOUSE The Speaker Pro Tem assumed the Chair. HB 1417. By Representatives Ralston of the 7th, Fleming of the 117th, Mumford of the 95th and Crawford of the 127th: A BILL to be entitled an Act to amend Code Section 15-12-40 of the Official Code of Georgia Annotated, relating to compilation, maintenance, and revision of jury lists, so as to allow the Administrative Office of the Courts to assist the board of jury commissioners in compiling, maintaining, and revising the lists of trial jurors and grand jurors; to amend Code Section 405-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information, so as to provide for a crossreference to the Administrative Office of the Courts receiving certain information; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 15-12-40 of the Official Code of Georgia Annotated, relating to compilation, maintenance, and revision of jury lists, so as to allow the Administrative Office of the Courts to assist the board of jury commissioners in compiling, maintaining, and revising the lists of trial jurors and grand jurors; to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information, so as to provide for a cross-reference to the Administrative Office of the Courts receiving certain information; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-12-40 of the Official Code of Georgia Annotated, relating to compilation, maintenance, and revision of jury lists, is amended by adding a new subsection to the end of such Code section to read as follows: "(d) Assistance of the Administrative Office of the Courts. (1) The Administrative Office of the Courts may assist the clerk of the superior court or the jury clerk, whichever is applicable, by providing a list of county citizens who the Administrative Office of the Courts certifies are prima facie eligible persons for consideration as jurors on the traverse and grand jury pools. (2) The Department of Driver Services shall provide the Administrative Office of the Courts the list required by subparagraph (a)(1)(A) of this Code section and the MONDAY, MARCH 13, 2006 3153 information set forth in the undesignated text of paragraph (1) of subsection (a) of this Code section. (3) The Secretary of State shall provide the Administrative Office of the Courts the list of registered voters and list of convicted felons." SECTION 2. Code Section 40-5-2, of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information on licenses and furnishing information, is amended by striking paragraph (7) of subsection (f) and inserting in lieu thereof the following: "(7) The lists required to be made available to boards of jury commissioners and the Administrative Office of the Courts pursuant to Code Section 15-12-40 regarding county residents who are the holders of drivers licenses or personal identification cards issued pursuant to this chapter. Such lists shall identify each such person by name, address, date of birth, gender, driver's license or personal identification card number issued pursuant to the provisions of this chapter, and, whenever racial and ethnic information is collected by the department for purposes of voter registration pursuant to Code Section 21-2-221, by racial or ethnic group." 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 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 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 Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 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 3154 JOURNAL OF THE HOUSE Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler N Byrd Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper E Cox Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 Rogers Y Royal Y Rynders Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 162, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Abdul-Salaam of the 74th and Carter of the 159th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1361. By Representatives Martin of the 47th, Royal of the 171st, Graves of the 137th and Wilkinson of the 52nd: A BILL to be entitled an Act to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," so as to change certain definitions; to change certain provisions regarding minimum millage rate requirements; to change certain provisions relative to creation of tax allocation districts; to change certain provisions regarding payments in lieu of taxes to certain political subdivisions; to amend Code Section 48-532.1, relating to certification of assessed taxable value of property and method of computation, so as to make certain conforming changes thereto; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the MONDAY, MARCH 13, 2006 3155 "Redevelopment Powers Law," so as to change certain definitions; to change certain provisions regarding minimum millage rate requirements; to change certain provisions relative to creation of tax allocation districts; to change certain provisions regarding payments in lieu of taxes to certain political subdivisions; to amend Code Section 48-532.1, relating to certification of assessed taxable value of property and method of computation, so as to make certain conforming changes thereto; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," is amended by striking Code Section 36-44-3, relating to definitions applicable to such chapter, and inserting in lieu thereof a new Code Section 36-44-3 to read as follows: "36-44-3. As used in this chapter, the term: (1) 'Ad valorem property taxes' means all ad valorem property taxes levied by each political subdivision and each county and independent board of education consenting to the inclusion of that board of education's property taxes as being applicable to a tax allocation district as provided by Code Section 36-44-9, except those: (A) Those ad valorem property taxes levied to repay bonded indebtedness; (B) Unless otherwise provided in the resolution creating such district, those ad valorem property taxes levied on personal property or on motor vehicles; and (C) Unless otherwise provided in the resolution creating such district, those ad valorem property taxes levied on the assessed value of property owned by public utilities and railroad companies, as determined pursuant to the provisions of Chapter 5 of Title 48. (2) 'Area of operation' means, in the case of a municipality or its redevelopment agency, the territory lying within the corporate limits of such municipality; in the case of a county or its redevelopment agency, the territory lying within the unincorporated area of the county; and, in the case of a consolidated government or its redevelopment agency, the area lying within the territorial boundaries of the consolidated government. 'Area of operation' may also mean the combined areas of operation of political subdivisions which participate in the creation of a common redevelopment agency to serve such participating political subdivisions as provided in subsection (d) of Code Section 36-44-4. (3) 'Local legislative body' means the official or body in which the legislative powers of a political subdivision are vested. (4) 'Political subdivision' means any county, municipality, or consolidated government of this state. 3156 JOURNAL OF THE HOUSE (5) 'Redevelopment' means any activity, project, or service necessary or incidental to achieving the development or revitalization of a redevelopment area or a portion thereof designated for redevelopment by a redevelopment plan or the preservation or improvement of historical or natural assets within a redevelopment area or a portion thereof designated for redevelopment by a redevelopment plan. Without limiting the generality of the foregoing, redevelopment may include any one or more of the following: (A) The construction of any building or other facility for use in any business, commercial, industrial, governmental, educational, charitable, or social activity; (B) The renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or expansion of any existing building or other facility for use in any business, commercial, industrial, governmental, educational, charitable, or social activity; (C) The construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public or private housing; (D) The construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public works or other public facilities necessary or incidental to the provision of governmental services; (E) The identification, preservation, renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or restoration of buildings or sites which are of historical significance; (F) The preservation, protection, renovation, rehabilitation, restoration, alteration, improvement, maintenance, and creation of open spaces or green spaces; (G) The development, construction, reconstruction, repair, demolition, alteration, or expansion of structures, equipment, and facilities for mass transit; (H) The development, construction, reconstruction, renovation, rehabilitation, repair, demolition, alteration, or expansion of telecommunication infrastructure; (I) The development, construction, reconstruction, renovation, rehabilitation, repair, demolition, alteration, or expansion of facilities for the improvement of pedestrian access and safety; (J) Improving or increasing the value of property; and (K) The acquisition and retention or acquisition and disposition of property for redevelopment purposes or the use for redevelopment purposes of property already owned by a political subdivision or any agency or instrumentality thereof. (6) 'Redevelopment agency' means the local legislative body of a political subdivision or a public body corporate and politic created as the redevelopment agency of the political subdivision or an existing public body corporate and politic designated as the redevelopment agency of the political subdivision pursuant to Code Section 36-44-4. (7) 'Redevelopment area' means: (A) Any urbanized or developed area in which the structures, buildings, or improvements, by reason of dilapidation, deterioration, age, or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high MONDAY, MARCH 13, 2006 3157 density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, high unemployment, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare; (B) Any urbanized or developed area which by reason of the presence of a predominant number of substandard, slum, deteriorated, or deteriorating structures; the predominance of defective or inadequate street layout, inadequate parking, roadways, bridges, or public transportation facilities incapable of handling the volume of traffic flow into or through the area, either at present or following proposed redevelopment; the faulty lot layout in relation to size, adequacy, accessibility, or usefulness; unsanitary or unsafe conditions; deterioration of site or other improvements; the diversity of ownership, tax, or special assessment delinquency exceeding the fair value of the land; diversity of ownership on defective or unusual conditions of title which prevent or encumber the free alienability of land; or the existence of conditions which endanger life or property by fire and other causes; or any combination of the foregoing, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations or employment opportunities; or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use; (C) Any open area located within an urbanized or developed area within the corporate limits of a municipality which because of any factor or combination of factors enumerated in subparagraph (A) or (B) of this paragraph substantially impairs or arrests the sound growth of the community; (D) Any area located within an urbanized or developed area and which, immediately prior to becoming an open area, qualified as a redevelopment area under subparagraph (A) or (B) of this paragraph; (E) Any area located within an urbanized or developed area which is substantially underutilized by containing open lots or parcels of land or by containing a substantial number of buildings or structures which are 40 years old or older or by containing structures or buildings of relatively low value as compared to the value of structures or buildings in the vicinity of the area or by having development impaired by airport and related transportation noise or by related environmental factors or an area in which there is a shortage of housing that is affordable for persons of low or moderate income which the local legislative body designates as appropriate for community redevelopment or by any combination of the foregoing factors; (F) Any geographic area designated within the comprehensive plan of a political subdivision for redevelopment which has previously been developed for commercial, residential, industrial, office, or similar or ancillary uses and which lies within the service delivery area of the political subdivision, in which the current condition of the area is less desirable than the redevelopment of the area for new 3158 JOURNAL OF THE HOUSE commercial, residential, industrial, office, or other uses, or a combination of uses, including the provision of open space or pedestrian and transit improvements, and any geographic area that is adversely affected by airport or transportation related noise or other environmental degradation, contamination, or other environmental factors which the political subdivision has determined to be impairing or retarding the redevelopment of the area; (G) Any urbanized or developed area or an area connecting two or more urbanized or developed areas that has been subject to some development but which has inadequate roadways, bridges, or public transportation or transit facilities incapable of handling the volume of traffic or passenger flow in or through the area in a safe and efficient manner either at present or following proposed redevelopment; or (H) Any area combining any factors specified in subparagraphs (A) through (G) of this paragraph. (8) 'Redevelopment costs' means any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred to achieve the redevelopment of a redevelopment area or any portion thereof designated by a redevelopment plan or any expenditures made to carry out or exercise any powers granted by this chapter. Without limiting the generality of the foregoing, redevelopment costs may include any one or more of the following: (A) Capital costs, including the costs incurred or estimated to be incurred for the construction of public works or improvements, new buildings, structures, and fixtures; the renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or expansion of existing buildings, structures, and fixtures; the acquisition of equipment; and the clearing and grading of land; (B) Financing costs, including, but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under this chapter occurring during the estimated period of construction of any project with respect to which any capital costs within the meaning of subparagraph (A) of this paragraph are financed in whole or in part by such obligations and for a period not to exceed 42 months after completion of any such construction and including reasonable reserves related thereto and all principal and interest paid to holders of evidences of indebtedness issued to pay for other redevelopment costs and any premium paid over the principal amount thereof because of the redemption of such obligations prior to maturity; (C) Professional service costs, including those costs incurred for architectural, planning, engineering, financial, marketing, and legal advice and services; (D) Imputed administrative costs, including reasonable charges for the time spent by public employees in connection with the implementation of a redevelopment plan; (E) Relocation costs as authorized by a redevelopment plan for persons or businesses displaced by the implementation of a redevelopment plan, including but not limited to, those relocation payments made following condemnation under MONDAY, MARCH 13, 2006 3159 Chapter 4 of Title 22, 'The Georgia Relocation Assistance and Land Acquisition Policy Act'; (F) Organizational costs, including the costs of conducting environmental impact and other studies, and the costs of informing the public with respect to the creation and implementation of redevelopment plans; (G) Payments by one political subdivision to a political subdivision or board of education in lieu of taxes to compensate for any loss of tax revenues or for any capital costs incurred because of redevelopment activity; provided, however, that any such payments to a political subdivision or board of education shall not exceed in any year the amount of the contribution to the tax allocation increment in that year by such political subdivision or board of education; and (H) Real property assembly costs. (9) 'Redevelopment plan' means a written plan of redevelopment for a redevelopment area or a designated portion thereof which: (A) Specifies the boundaries of the proposed redevelopment area; (B) Explains the grounds for a finding by the local legislative body that the redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or that the redevelopment area includes one or more natural or historical assets which have not been adequately preserved or protected and such asset or assets would not reasonably be anticipated to be adequately preserved or protected without the approval of the redevelopment plan; (C) Explains the proposed uses after redevelopment of real property within the redevelopment area; (D) Describes any redevelopment projects within the redevelopment area proposed to be authorized by the redevelopment plan, estimates the cost thereof, and explains the proposed method of financing such projects; (E) Describes any contracts, agreements, or other instruments creating an obligation for more than one year which are proposed to be entered into by the political subdivision or its redevelopment agency or both for the purpose of implementing the redevelopment plan; (F) Describes the type of relocation payments proposed to be authorized by the redevelopment plan; (G) Includes a statement that the proposed redevelopment plan conforms with the local comprehensive plan, master plan, zoning ordinance, and building codes of the political subdivision or explains any exceptions thereto; (H) Estimates redevelopment costs to be incurred or made during the course of implementing the redevelopment plan; (I) Recites the last known assessed valuation of the redevelopment area and the estimated assessed valuation after redevelopment; (J) Provides that property which is to be redeveloped under the plan and which is either designated as a historic property under Article 2 of Chapter 10 of Title 44, the 3160 JOURNAL OF THE HOUSE 'Georgia Historic Preservation Act,' or is listed on or has been determined by any federal agency to be eligible for listing on the National Register of Historic Places will not be: (i) Substantially altered in any way inconsistent with technical standards for rehabilitation; or (ii) Demolished unless feasibility for reuse has been evaluated based on technical standards for the review of historic preservation projects, which technical standards for rehabilitation and review shall be those used by the state historic preservation officer, although nothing in this subparagraph shall be construed to require approval of a redevelopment plan or any part thereof by the state historic preservation officer; (K) Specifies the proposed effective date for the creation of the tax allocation district and the proposed termination date; (L) Contains a map specifying the boundaries of the proposed tax allocation district and showing existing uses and conditions of real property in the proposed tax allocation district; (M) Specifies the estimated tax allocation increment base of the proposed tax allocation district; (N) Specifies ad valorem property taxes for computing tax allocation increments determined in accordance with Code Section 36-44-9 and supported by any resolution required under paragraph (2)(3) of Code Section 36-44-8; (O) Specifies the amount of the proposed tax allocation bond issue or issues and the term and assumed rate of interest applicable thereto; (P) Estimates positive tax allocation increments for the period covered by the term of the proposed tax allocation bonds; (Q) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, subject to the limitations of Code Sections 36-44-9 and 36-44-20; and (R) Includes such other information as may be required by resolution of the political subdivision whose area of operation includes the proposed redevelopment area. (10) 'Resolution' means a resolution or ordinance by which a local legislative body takes official legislative action, and any duly-adopted amendment thereto. (11) 'Special fund' means the fund provided for in subsection (c) of Code Section 3644-11. (12) 'Tax allocation bonds' means one or more series of bonds, notes, or other obligations issued by a political subdivision to finance, wholly or partly, redevelopment costs within a tax allocation district and which are issued on the basis of pledging for the payment or security for payment of such bonds positive tax allocation increments derived from the tax allocation district, all or part of general MONDAY, MARCH 13, 2006 3161 funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20. Tax allocation bonds shall not constitute debt within the meaning of Article IX, Section V of the Constitution. (13) 'Tax allocation district' means a contiguous geographic area within a redevelopment area which is defined and created by resolution of the local legislative body of a political subdivision pursuant to subparagraph (B) of paragraph (3) of Code Section 36-44-8 for the purpose of issuing tax allocation bonds to finance, wholly or partly, redevelopment costs within the area. (14) 'Tax allocation increment' means that amount obtained by multiplying the total ad valorem property taxes, determined as provided in Code Section 36-44-9, levied on all taxable property within a tax allocation district in any year by a fraction having a numerator equal to that year's taxable value of all taxable property subject to ad valorem property taxes within the tax allocation district minus the tax allocation increment base and a denominator equal to that year's taxable value of all taxable property subject to ad valorem property taxes within the tax allocation district. In any year, a tax allocation increment is 'positive' if the tax allocation increment base is less than that year's taxable value of all taxable property subject to ad valorem property taxes and 'negative' if such base exceeds such taxable value. (15) 'Tax allocation increment base' means the taxable value of all taxable property subject to ad valorem property taxes, as certified by the state revenue commissioner, located within a tax allocation district on the effective date such district is created pursuant to Code Section 36-44-8. (16) 'Taxable property' means all real and personal property subject to ad valorem property taxes of taxation by a political subdivision, including property subject to local ad valorem taxation for educational purposes. (17) 'Taxable value' means the current assessed value of taxable property as shown on the tax digest of the county in which the property is located." SECTION 2. Said chapter is further amended by striking in its entirety Code Section 36-44-8, relating to creation of tax allocation districts, and inserting in lieu thereof a new Code Section 3644-8 to read as follows: "36-44-8. In order to create and carry out the purposes of a tax allocation district, the following steps are required: (1) Preparation by the redevelopment agency of a redevelopment plan for the proposed tax allocation district and its submission for consent to the political subdivision or board of education required to consent, if the plan proposes to include in the tax allocation increment ad valorem property taxes levied by a political subdivision or board of education required to consent to such inclusion under Code Section 36-44-9, or if the plan proposes to pledge for payment or security for payment 3162 JOURNAL OF THE HOUSE of tax allocation bonds and other redevelopment costs the general funds of a county required to consent to such inclusion under Code Section 36-44-9; (2) Submission of the redevelopment plan to the local legislative body of the political subdivision whose area of operation will include the tax allocation district; (3) Adoption by the local legislative body of a resolution approving the redevelopment plan and which: (A) Describes the boundaries of the tax allocation district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included. The boundaries shall include only those whole units of property assessed for ad valorem property tax purposes; (B) Creates the district on December 31 following the adoption of the resolution or on December 31 of a subsequent year as determined by the local legislative body; (C) Assigns a name to the district for identification purposes. The first district created shall be known as 'Tax Allocation District Number 1,' followed by the name of the political subdivision within whose area of operation the district is located; (D) Specifies the estimated tax allocation increment base; (E) Specifies ad valorem property taxes to be used for computing tax allocation increments; (F) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; and (G) Contains findings that: (i) The redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or includes one or more natural or historical assets which have not been adequately preserved or protected and such asset or assets would not reasonably be anticipated to be adequately preserved or protected without the approval of the redevelopment plan; and (ii) The improvement of the area is likely to enhance the value of a substantial portion of the other real property in the district. If any information required to be included in the resolution approving the redevelopment plan under subparagraphs (A) through (G) of this paragraph is contained in the redevelopment plan, then the resolution approving the redevelopment plan may incorporate by reference that portion of the redevelopment plan containing said information; and (4) A certified copy of any resolution giving the consent required under paragraph (1) of this Code section must be submitted to the local legislative body of the political subdivision whose area of operation will include the tax allocation district prior to MONDAY, MARCH 13, 2006 3163 inclusion of such ad valorem property taxes or general funds in calculation of the tax allocation increment." SECTION 3. Said chapter is further amended by redesignating subsection (e) of Code Section 36-44-9, relating to computation of tax allocation increments, as subsection (f) thereof, and inserting immediately prior to said new subsection (f), a new subsection (e) to read as follows: "(e) The resolution of any county, municipality, consolidated government or board of education consenting to the inclusion of ad valorem property taxes in the computation of tax increments shall not specify the inclusion of any ad valorem property taxes not specified in the resolution creating the tax allocation district." SECTION 4. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 36-44-10, relating to determination of tax allocation increment base of proposed district, effect of amending district, identification on tax digests and notice of current taxable value and tax increment base, and inserting in lieu thereof a new subsection (e) to read as follows: "(e) The county board of tax assessors, joint city-county board of tax assessors, or consolidated government board of tax assessors shall annually give notice to the county tax collector or tax commissioner and to the municipal official responsible for collecting municipal ad valorem property taxes as to both the current taxable value of property subject to ad valorem property taxes within each tax allocation district and the tax allocation increment base. The notice shall also explain that any taxes collected as a result of increases in the tax allocation increment base constitute tax allocation increments and shall be paid to the appropriate political subdivision as provided by subsection (b) of Code Section 36-44-11." SECTION 5. Said chapter is further amended by striking in its entirety Code Section 36-44-11, relating to allocation of positive tax allocation increments of district and creation of special fund, and inserting in lieu thereof a new Code Section 36-44-11 to read as follows: "36-44-11. (a) Positive tax allocation increments of a tax allocation district shall be allocated to the political subdivision which created the district for each year from the effective date of the creation of the district until that time when all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders. General funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall also be allocated to the political subdivision which created the district for each year from the effective date of the creation of the district until that time when all redevelopment costs and all tax 3164 JOURNAL OF THE HOUSE allocation bonds have been paid or provided for, subject to any agreement with bondholders. (b)(1) Each county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes shall, on the dates provided by law for the payment of taxes collected to the respective political subdivisions, pay over to the appropriate fiscal officer of each political subdivision having created a tax allocation district, out of taxes collected on behalf of such political subdivision, including but not limited to taxes collected for a political subdivision or board of education consenting, pursuant to Code Section 36-44-9, to inclusion of its ad valorem property taxes in the computation of tax allocation increments for that tax allocation district, that portion, if any, which represents positive tax allocation increments payable to such political subdivision. (2) In addition, each county shall, upon receipt, pay over to the appropriate fiscal officer of each municipality having created a tax allocation district that portion, if any, of its general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and for payment of other redevelopment costs of the tax allocation district pursuant to Code Section 36-44-9. (c) All positive tax allocation increments received for a tax allocation district shall be deposited into a special fund for the district upon receipt by the fiscal officer of the political subdivision. All general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall be deposited upon receipt into the special fund. Any lease or other contract payments made under the district's redevelopment plan shall also be deposited upon receipt into the special fund. Moneys derived from positive tax allocation increments, general fund moneys, and moneys derived from lease or other contract payments shall be accounted for separately within the special fund. Moneys shall be paid out of the fund only to pay redevelopment costs of the district or to satisfy claims of holders of tax allocation bonds issued for the district. The local legislative body shall irrevocably pledge all or a part of such special fund to the payment of the tax allocation bonds. The special fund or designated part thereof may thereafter be used only for the payment of the tax allocation bonds and interest until they have been fully paid, and a holder of said bonds shall have a lien against the special fund or said designated part thereof pledged for payment of said bonds and may either at law or in equity protect and enforce the lien. General funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay principal and interest due on such bonds. Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other funds of the political subdivision. Except as provided in Code Section 36-44-20, general funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in MONDAY, MARCH 13, 2006 3165 the special fund are insufficient at any time to pay the principal and interest due on such bonds. After all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders, if there remains in the fund any moneys derived from positive tax allocation increments, they shall be paid over to each county, municipality, consolidated government, or county or independent board of education whose ad valorem property taxes were affected by the tax allocation district in proportion to the aggregate contribution of such taxes by such political subdivision less aggregate payments to such political subdivision pursuant to subparagraph (G) of paragraph (8) of Code Section 36-44-3 and in the same manner and proportion as the most recent distribution by the county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes. If there remains in the fund any other moneys, they shall be paid over to each political subdivision which contributed to the fund in proportion to the respective total contribution each made to the fund." SECTION 6. Said chapter is further amended by striking Code Section 36-44-15, relating to tax millage rate, and inserting in lieu thereof a new Code Section 36-44-15 to read as follows: "36-44-15. (a) For the purpose of fixing the tax millage rate to fund the annual budget of each political subdivision or county or independent board of education having the power to levy taxes or set ad valorem tax millage rates on property located within a tax allocation district, which has consented to the inclusion of its ad valorem property taxes for the computation of tax allocation increments as provided in Code Section 36-44-9, the taxable value of property subject to ad valorem property taxes within a tax allocation district shall not exceed the tax allocation increment base of the district until the district is terminated. Nothing in this chapter shall be construed to freeze the ad valorem tax millage rate of any political subdivision or county or independent board of education consenting to the inclusion of its ad valorem property taxes as a basis for computing tax allocation increments, and any such rate may be increased or decreased at any time after the creation of a tax allocation district in the same manner and under the same authority that such rate has been previously fixed by such political subdivision or county or independent board of education. (b) Notwithstanding the provisions of subsection (a) of this Code section and the provisions of any other law to the contrary, including but not limited to those provisions relating to the joint county and municipal sales and use tax provided for in Article 2 of Chapter 8 of Title 48, until a tax allocation district is terminated, a political subdivision or county or independent board of education consenting to the inclusion of its property taxes as a basis for computing a tax allocation increment base within a tax allocation district, as provided in Code Section 36-44-9, may not decrease its ad valorem tax millage rate on taxable property located within that district below the millage rate 3166 JOURNAL OF THE HOUSE levied on that property on the last date tax allocation bonds were issued for redevelopment costs of that district." SECTION 7. Said chapter is further amended by striking Code Section 36-44-17, relating to limitation on creation of tax allocation districts, and inserting in lieu thereof a new Code Section 3644-17 to read as follows: "36-44-17. No political subdivision may create a tax allocation district when the total current taxable value of property subject to ad valorem property taxes within the proposed district plus the total current taxable value of property subject to ad valorem property taxes within all its existing tax allocation districts exceeds 10 percent of the total current taxable value of all taxable property located within the area of operation of the political subdivision." SECTION 8. Code Section 48-5-32.1, relating to certification of assessed taxable value of property and method of computation, is amended by striking paragraph (9) of subsection (a) of said Code section in its entirety and inserting in lieu thereof the following: "(9) 'Roll-back rate' means the previous year's millage rate minus the millage equivalent of the total net assessed value added by reassessments; provided, however, that if the taxing jurisdiction has created a redevelopment area under the provisions of Chapter 44 of Title 36 and the roll-back rate that would otherwise result is lower than the minimum millage permissible under such chapter, the roll-back rate shall mean such minimum millage." SECTION 9. Nothing in this Act shall impair or invalidate any redevelopment plan, redevelopment area, or tax allocation district in effect on the effective date of this Act, or any bonds, notes or certificates thereof. Any redevelopment agency as defined in paragraph (6) of Code Section 36-44-3 having an existing tax allocation district to which the definition of "ad valorem property taxes" provided for in Section 1 of this Act is effective may apply, in writing, to the state revenue commissioner for a determination or redetermination of the tax allocation increment base of such tax allocation district. Within a reasonable time, and not exceeding 60 days after such application, the state revenue commissioner shall certify to the redevelopment agency the tax allocation increment base, as defined by this Act, as of the effective date of the creation of such tax allocation district. Such certification shall supersede any prior certification and, unless amended pursuant to subsection (b) of Code Section 36-44-10, shall constitute the tax allocation increment base of the tax allocation district. SECTION 10. This Act shall become effective on its approval by the Governor or upon its becoming MONDAY, MARCH 13, 2006 3167 law without such approval; provided, however, that the definition of "ad valorem property taxes" provided for in Section 1 of this Act shall not be effective as to the calculation of the tax allocation increment base of any tax allocation district for which a political subdivision has issued tax allocation bonds, notes, or certificates prior to the effective date hereof, and the definition of such term effective prior to the effective date hereof shall remain effective as to any such tax allocation district. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam 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 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 E Cox Y Crawford Y Cummings N Davis N Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Everson 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 N Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 E Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 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 Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin N Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker 3168 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 156, nays 6. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Jamieson of the 28th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 379. By Representatives Bridges of the 10th and Cummings of the 16th: A BILL to be entitled an Act to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, so as to provide that a member of such retirement system employed on or after July 1, 2006, who has an impairment which prevents him or her from performing his or her duties in the position he or she held at the onset of the impairment shall not be entitled to receive a disability allowance unless his or her employer certifies that there is no available position comparable in compensation which such employee is capable of performing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, so as to provide that a member of such retirement system applying for a disability retirement shall notify the employing agency; to provide that the employing agency shall determine if an alternative position is available for such employee; to provide conditions for such alternative employment; to provide for a written offer and acceptance or appeal; to provide procedures for an appeal; to provide that such employee who refuses to accept an offer of alternative employment shall not be eligible for a disability retirement; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, is amended by striking in its entirety subsection (b) of Code Section 47-2-123, relating to allowance payable upon death, MONDAY, MARCH 13, 2006 3169 disability, or involuntary separation from employment under the Employees Retirement System of Georgia, restrictions on separating from employment, restrictions on separating from state service, and employee entitled to involuntary separation benefits, and inserting in lieu thereof the following: "(b)(1) Subject to the provisions of paragraphs (2) through (5) of this subsection, any Any member in service who has at least 15 years of creditable service may be retired on a disability allowance by the board of trustees, upon written application to the board of trustees by the member or his or her employer and upon certification by the medical board that he or she is medically or physically incapable of further performance of his or her duties in the position he or she held at the time his or her disability originated, that incapacity is likely to be permanent, and that he or she should be retired; provided, however, that the medical board shall not consider any evidence of such disability which is not submitted within 12 months after the date the member submits his or her first application for a disability retirement. The board of trustees may retire such member not less than 30 days nor more than 90 days after execution and filing of the written application. (2) A member making application for a disability retirement pursuant to paragraph (1) of this subsection shall at the same time submit a copy of such application together with any supporting documentation accompanying such application to his or her employing agency. The member shall thereafter provide the employing agency with any additional information or documentation which he or she submits to the board of trustees in conjunction with such application. (3) After receipt of the notice provided for in paragraph (2) of this subsection, the head of the member's agency shall conduct an interview with the member applying for disability retirement. The interview shall be held within ten business days after receipt of such notice. Based on the interview and information received by the agency pursuant to paragraph (2) of this subsection, the agency head shall determine if an alternative position is available for the member which meets the following requirements: (A) The physical requirements for such position are compatible with the member's physical limitations; (B) The annual compensation and possibility for future advancement for such position shall be the same as or greater than that of the current position of the member; (C) The duties for such position shall be reasonably compatible with the experience and educational qualifications of the member; (D) The position shall be one which includes the holder thereof as a member of the retirement system provided for by this chapter; and (E) The position must be available for acceptance by the member and an offer of the position to the official or member must be made, in writing, by not later than 45 days after the member submitted his or her application for a disability retirement. An agency making an offer of alternative employment as provided in this paragraph shall so notify the board of trustees within 30 days after the member submitted his or 3170 JOURNAL OF THE HOUSE her application for a disability retirement. After receipt of such notice, the board of trustees shall not approve a disability retirement until the procedures of paragraph (4) of this subsection are resolved. (4) Any member applying for a disability retirement who is offered a position of employment in conformity with the requirements of paragraph (3) of this subsection shall accept the offer or dispute his or her ability to perform the tasks required by the position offered by submitting a written appeal to the agency and to the board of trustees within 30 days after receiving the offer. In the event of an appeal, the agency shall promptly submit to the medical board a detailed description of the requirements of the position offered and the medical board shall determine, based upon all information available to it, whether the member is reasonably capable of performing such tasks. The decision of the medical board shall be final. If the medical board determines that the member is unable to perform the tasks required either by the position held at the time of the application for a disability retirement or the position offered, the member shall be placed on disability retirement immediately. (5) A member who refuses to accept a position offered or file an appeal in a timely manner or who refuses to accept a position which the medical board has determined on appeal that he or she is capable of performing shall not be eligible to receive a disability retirement under this subsection." SECTION 2. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Amerson E Anderson Y Ashe Y Barnard Y 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 MONDAY, MARCH 13, 2006 3171 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 E Cox Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. HB 1223. By Representatives Brown of the 69th, Cooper of the 41st, O`Neal of the 146th, Coleman of the 144th, Epps of the 128th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to revise certain provisions relating to contracts between county boards and authorization for and provisions applicable to a county board of health serving as a community service board; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to revise and add certain definitions relating to community service boards; to revise certain provisions relating to the designation of boundaries for mental health, 3172 JOURNAL OF THE HOUSE developmental disabilities, and addictive diseases regions; to revise certain provisions relating to the creation, membership, participation, powers, and bylaws of community mental health, developmental diseases, and addictive diseases service boards; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. The following substitute, offered by Representative Brown of the 69th, was read: A BILL To amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to revise certain provisions relating to contracts between county boards and authorization for and provisions applicable to a county board of health serving as a community service board; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to revise and add certain definitions relating to community service boards; to revise certain provisions relating to the designation of boundaries for mental health, developmental disabilities, and addictive diseases regions; to revise certain provisions relating to the creation, membership, participation, powers, and bylaws of community mental health, developmental diseases, and addictive diseases service boards; to revise certain provisions relating to the program director, staff, budget, and facilities of community service boards; to provide for the ceasing of operations of a community service board; to revise certain provisions relating to director's emergency powers upon failure of community service board to establish and administer progress; to revise certain provisions relating to allocation of available funds for services; to revise certain provisions relating to venue in actions against community service boards; to add a definition relating to payment of expenses for support, treatment, and care of patients in state institutions; to provide for statutory construction; 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 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, is amended by striking Code Section 31-3-12.1, relating to contracts between county boards and authorization for and provisions applicable to a county board of health serving as a community service board, in its entirety and inserting in its place the following: "31-3-12.1. (a) In addition to any other power authorized by law, the county governing authority may authorize the county board of health to enter into a contract with the department or a community mental health, developmental disabilities, and addictive diseases service board created under Chapter 2 of Title 37 to provide certain mental health, developmental disabilities, and addictive diseases services based on the contractual MONDAY, MARCH 13, 2006 3173 agreement between the parties. Further, a county governing authority may authorize a county board of health, wherever applicable, to serve as the community mental health, developmental disabilities, and addictive diseases service board, provided that the county governing authority, the board of health, and any other affected county governing authority acts pursuant to subsection (e) of Code Section 37-2-6. In the event that the county governing authority exercises the authority granted by this Code section subsection, Chapter 2 of Title 37, or Code Section 37-2-6, the county board of health shall appoint a director for mental health, developmental disabilities, and addictive diseases or a supervisor of the specific service which is being provided by the county board of health, whichever is applicable, who shall meet the requirements established by this Code section subsection. The director for mental health, developmental disabilities, and addictive diseases, or the service supervisor, shall not be required to be a physician and shall be a person other than the director of the county board of health appointed pursuant to Code Section 31-3-11. Further, such director for mental health, developmental disabilities, and addictive diseases or such supervisor of the specific service shall report directly to the community service board or the county board of health, whichever is applicable, and shall have no formal reporting relationship with the director of the county board of health. (b) Pursuant to subsection (e) of Code Section 37-2-6, a county governing authority may authorize the membership of a county board of health to serve as the membership of a community mental health, developmental disabilities, and addictive diseases service board, provided that the county governing authority, the county board of health, and any other affected county governing authority act pursuant to subsection (e) of Code Section 37-2-6. If the membership of a county board of health exercises the authority granted pursuant to this Code section subsection and Chapter 2 of Title 37 to serve as the membership of a community service board, the membership of the county board of health shall constitute the membership of the community service board and, at any time that such members are exercising duties and powers related to mental health, developmental disabilities, and addictive diseases, the community service board shall be an independent agency and shall operate in accordance with the provisions of Title 37 as a community service board. Notwithstanding any provisions of law to the contrary, a community service board and a county board of health which have the same membership may contract with each other, provided that any such contract is approved by the department prior to adoption." SECTION 2. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking paragraphs (4) and (20) of Code Section 37-1-1, relating to definitions regarding general provisions relative to mental health, in their entirety and inserting in their respective places the following: "(4) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6 which provides one or more mental health, developmental disability, and addictive 3174 JOURNAL OF THE HOUSE disease services through contract with the department. Such community service board may enroll with the department to become a provider of specific mental health, developmental disability, and addictive disease services with such services being negotiated and contracted annually with the department." "(20) 'Service area' means a community service area." SECTION 3. Said title is further amended by striking paragraph (2) of Code Section 37-2-2, relating to definitions relative to the administration of mental health, developmental disabilities, addictive diseases, and other disability services, in its entirety and inserting in its place the following: "(2) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6 which provides one or more mental health, developmental disabilities, and addictive diseases services through contract with the department. Such community service board may enroll with the department to become a provider of specific mental health, developmental disabilities, and addictive diseases services with such services being negotiated and contracted annually with the department. (2.1) 'Community service board area' means an area inclusive of the counties which fall within the boundaries of a community service board as designated by the division pursuant to subsection (b) of Code Section 37-2-3 for the establishment of a community service board. (2.2) 'Community service board service area' means a community service board area and any other county or portion thereof in which the community service board provides services." SECTION 4. Said title is further amended by striking subsection (b) of Code Section 37-2-3, relating to designation of boundaries for mental health, developmental disabilities, and addictive diseases regions, in its entirety and inserting in its place the following: "(b) The division, with the approval of the commissioner, shall designate community service board areas, which shall serve as boundaries for the establishment and operation of community service boards within this state for the purpose of delivering disability services. The division shall be authorized to initiate the redesignation of such community service board area boundaries and may consider requests from a county or group of counties or a community service board or a group of community service boards for recommended changes to the boundaries of the community service board areas. The division, with the approval of the commissioner, is authorized to redesignate two or more contiguous community service board areas as a single community service board area upon the request of the community service boards serving such areas; and, if so authorized, the assets, equipment, and resources of such community service boards shall become the assets, equipment, and resources of the reconstituted community service board serving the successor single board area. It is the intent of the General MONDAY, MARCH 13, 2006 3175 Assembly not to limit a community service board to serving only those counties within the boundaries of its community service board area." SECTION 5. Said title is further amended by striking Code Section 37-2-6, relating to the creation, membership, participation, powers, and bylaws of community mental health, developmental diseases, and addictive diseases service boards, in its entirety and inserting in its place the following: "37-2-6. (a) Community service boards, created in conformity with the service areas established pursuant to subsection (b) of Code Section 37-2-3, shall in existence on June 30, 2006, are re-created effective July 1, 2006, to provide one or more mental health, developmental disability disabilities, and addictive disease diseases services through contract with the department. Such community service boards may enroll and contract with the department to become a provider of specific mental health, developmental disabilities, and addictive diseases services with such services being negotiated and contracted annually with the department. Such boards shall be considered public agencies. Each community service board shall be a public corporation and an instrumentality of the state within the boundaries determined under subsection (b) of Code Section 37-2-3 served by the community service board; provided, however, the liabilities, debts, and obligations of a community service board shall not constitute liabilities, debts, or obligations of the state or any county or municipal corporation and neither the state nor any county or municipal corporation shall be liable for any liability, debt, or obligation of a community service board. Each community service board re-created pursuant to this Code section is created for nonprofit and public purposes to exercise essential governmental functions. The re-creation of community service boards pursuant to this Code section shall not alter the provisions of Code Section 37-2-6.2 which shall apply to those re-created community service boards and their employees covered by that Code section and those employees rights are retained. (b) Each community service board shall consist of members appointed by the county governing authorities of the counties within the community service board area from nominations by the boards of health of the counties within the boundaries of the community service board. Membership on such community service board shall be determined as follows: (1)(A) Each The governing authority of each county within the community service board area: with (i) With a population of 50,000 or less according to the most recent United States decennial census of 1990 or any future such census shall appoint one member to the board; and (2)(ii) Each county with With a population of more than 50,000 according to the most recent United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof; or 3176 JOURNAL OF THE HOUSE (3)(B) The appointment or appointments for each county shall be made by the county governing authority; In the event that the number of community service board member positions established in accordance with subparagraph (A) of this paragraph would exceed 13, the membership of such community service board pursuant to this subsection shall be set at 13 members and shall be appointed as follows and the bylaws shall be amended accordingly: (i) One member of the community service board shall be appointed by the governing authority of each county within the community service board area. In the case that such method of appointment results in more than 13 members appointed to the community service board, appointments to the community service board shall be made by the governing authority of each county within the community service board area in descending order from the county with the largest population to the county with the smallest population according to the most recent United States decennial census until all 13 members of the community service board are appointed; and (ii) If after such appointments are made, if one or more county governing authorities have failed to make an appointment and one or more membership positions remain to be filled, the governing authorities of the counties within the community service board area in descending order from the county with the largest population to the county with the smallest population according to the most recent United States decennial census shall each appoint one member and such methods in division (i) and this division of this subparagraph shall be repeated until all of the remaining positions are filled; (4) The county governing authority shall appoint as at least one of its appointments a consumer of disability services, or a family member of a consumer, an advocate for disability services, or a local leader or businessperson with an interest in mental health, developmental disabilities, and addictive diseases; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services; (5)(2) The chief executive or a designee of the chief executive of each county governing authority or municipal governing authority which contributes funding or resources which equal or exceed one-half of 1 percent of the budget allocation from the division for disability services within the area governed by the community service board shall serve as an ex officio, voting member of the community service board; and In addition to the members appointed pursuant to paragraph (1) of this subsection, each community service board may appoint up to three additional members in order to address variation in the population sizes of counties or the financial contributions of counties within the community service board area or may authorize the elected chief executive officer of a county governing authority, by whatever name called, or an elected member of that county governing authority to serve on the community service board while holding such elective office. The bylaws of the community service board shall address the number of such additional members, if any, and the purpose or MONDAY, MARCH 13, 2006 3177 purposes for which such positions are created. The term of office of such additional members shall be the same as that of other members as provided in subsection (h) of this Code section; except that the term of office of a member in a position created to authorize the elected chief executive officer of a county governing authority, by whatever name called, or an elected member of that county governing authority to serve on the community service board shall be the same term of office as the elective term of office of said chief executive officer or said member of that county governing authority; (3) Each community service board in existence on June 30, 2006, shall reconstitute its membership in accordance with the provisions of paragraphs (1) and (2) of this subsection, effective July 1, 2006, as follows: (A) A community service board which increases or reduces the number of its members in accordance with paragraphs (1) and (2) of this subsection shall revise its bylaws adopted in accordance with subsection (h) of this Code section to reflect such increases or reductions. A community service board which reduces the number of its members shall designate which position or positions are to be eliminated and shall make reasonable efforts to eliminate any position or positions of members whose terms expire on or before June 30, 2006; provided, however, that members serving on a community service board whose terms do not expire on or before June 30, 2006, shall continue to serve out the terms of office to which they were appointed, regardless of whether this causes a board to temporarily exceed the maximum number of members. Any additional positions created in conformity with such paragraphs (1) and (2) may be filled on July 1, 2006, and the governing authority of a county that is otherwise authorized to appoint such additional community service board member or members may do so no sooner than May 1, 2006, but any person so appointed shall not take office until July 1, 2006. If a position on such community service board is not filled on July 1, 2006, a vacancy in that position shall be deemed to have occurred on that date. A community service board is authorized to make whatever changes necessary in the terms of office of its members in order to achieve the staggering of terms required by subsection (h) of this Code section; and (B) The term of office of an ex officio, voting member of a community service board holding membership on June 30, 2006, shall expire on June 30, 2006; and (6)(4)(A) A person shall not be eligible to be appointed to or serve on a community service board if such person is: (i) A member of the regional planning board which serves the region in which that community service board is located; (ii) An employee or board member of a public or private entity which contracts with the division to provide mental health, developmental disabilities, and addictive diseases services within the region; or (iii) An employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board. 3178 JOURNAL OF THE HOUSE (B) A person shall not be eligible to be appointed to or serve on a community service board if such person's spouse, parent, child, or sibling is a member of that community service board or a member, employee, or board member specified in division (i), (ii), or (iii) of subparagraph (A) of this paragraph. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may be appointed to a regional planning board until a period of at least two years has passed since the time such person served on the community service board, and no person who has served a full term or more on a regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board. (5) A community service board created in accordance with this subsection shall reconstitute its membership in conformity with the most recent United States decennial census in accordance with subparagraph (d)(2)(C) of Code Section 1-3-1. (b.1) A county governing authority may appoint the school superintendent, a member of the board of health, a member of the board of education, or any other elected or appointed official to serve on the community service board provided that such person meets the qualifications of paragraph (4) (1) of subsection (b) of this Code section and such appointment does not violate the provisions of Chapter 10 of Title 45. For terms of office which begin July 1, 1994, or later, an employee of the Department of Human Resources or an employee of a county board of health may not serve on a community service board. (c) In making appointments to the community service board, the various county governing authorities shall ensure that such appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional community service board area and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably and capably represented on the community service board, and in making nominations for such appointments the board of health shall county governing authorities may consider suggestions from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, People First of Georgia, the Georgia Parent Support Network, National Alliance for the Mentally Ill Georgia, the American Association for Retired Persons, Georgians for Children, the National Mental Health Association of Georgia, Georgia ARC Network, and the Georgia Council on Substance Abuse and their local chapters and affiliates. For the purposes of this subsection, 'advocacy groups' means any organizations or associations that advocate for, promote, or have an interest in disability services and are exempted as a charitable organization from federal income tax pursuant to Section 501(c) of the Internal Revenue Code; provided, however, that 'advocacy groups' shall not mean paid providers of disability services. (c.1) A county governing authority in making appointments to the community service board shall take into consideration that at least one member of the community service board is an individual who is trained or certified in finance or accounting; provided, MONDAY, MARCH 13, 2006 3179 however, if after a reasonable effort at recruitment there is no person trained or certified in finance or accounting within the community service board area who is willing and able to serve, the county governing authority may consider for appointment any other person having a familiarity with and concern for financial or accounting practices. (d) Each county within the boundaries established for in which the governing authority of the county is authorized to appoint members to the community service board shall participate with the board in the operation of the program through the community service board. All contractual obligations, including but not limited to real estate leases, rentals, and other property agreements, other duties, rights, and benefits of the mental health, developmental disabilities, and addictive diseases service areas in existence on December 31, 2002 June 30, 2006, shall continue to exist along with the new powers granted to the community service boards effective January 1, 2003 July 1, 2006. (e) Notwithstanding any other provision of this chapter, a community service board may be constituted in a method other than that outlined in subsection (b) of this Code section if: (1) A board of health of a county desiring to be the lead county board of health for that county submits a written agreement to the division before July 1, 1993, to serve as the community service board and to continue providing disability services in that county after July 1, 1994, and the governing authority for that county adopts a resolution stating its desire to continue the provision of disability services through its board of health after July 1, 1994, and submits a copy of such resolution to the division before July 1, 1993; or (2)(A) The lead county board of health for a community mental health, mental retardation, and substance abuse service area, as designated by the division on July 15, 1993, but which area excludes any county which meets the requirements of paragraph (1) of this subsection, submits a written agreement to the division and to all counties within such service area to serve as the community service board for that area and to continue providing disability services after July 1, 1994, which agreement shall be submitted between July 31, 1993, and December 31, 1993; and (B) Each county governing authority which is within the service area of a lead county board of health which has submitted an agreement pursuant to subparagraph (A) of this paragraph adopts a resolution stating its desire to continue the provision of disability services through such lead county board of health after July 1, 1994, and submits a copy of that resolution to the division, the regional board, and the lead county board of health between July 31, 1993, and December 31, 1993; and (3) The lead county board of health qualifying as such under paragraph (1) or (2) of this subsection agrees in writing to appoint a director for mental health, mental retardation, and substance abuse other than the director of the county board of health as stipulated in Code Section 31-3-12.1, to appoint an advisory council on mental health, mental retardation, and substance abuse consisting of consumers, families of consumers, and representatives from each of the counties within the boundaries of the 3180 JOURNAL OF THE HOUSE community service board, and to comply with all other provisions relating to the delivery of disability services pursuant to this chapter. (f) If the conditions enumerated in subsection (e) of this Code section are not met prior to or on December 31, 1993, a community service board as provided in subsection (b) shall be established and appointed by January 31, 1994, to govern the provision of disability services within the boundaries of the community service board. Such community service board shall have the authority to adopt bylaws and undertake organizational and contractual activities after January 31, 1994; provided, however, that the community service board established pursuant to this Code section may not begin providing services to clients until July 1, 1994. (g) If a community service board is established pursuant to paragraph (2) of subsection (e) of this Code section, such community service board must operate as established at least until June 30, 1996; provided, however, that in each fiscal year following June 30, 1996, the counties included under the jurisdiction of such a community service board may vote to reconstitute the community service board pursuant to the provisions of subsection (b) of this Code section by passage of a resolution by a majority of the county governing authorities within the jurisdiction of the community service board prior to January 1, 1997, or each year thereafter. (h) Each community service board shall adopt bylaws and operational policies and guidelines in conformity with procedures established by the division the provisions of this chapter. Those bylaws shall address board appointment procedures, initial terms of board members, the staggering of terms, quorum, a mechanism for ensuring that consumers of disability services and family members of consumers constitute a majority no less than 50 percent of the appointed board members appointed pursuant to subsection (b) of this Code section, and a mechanism for ensuring equitable representation of the various disability groups. A quorum for the transaction of any business and for the exercise of any power or function of the community service board shall consist of a majority of the total number of filled board member positions appointed pursuant to subsection (b) of this Code section. A vote of the majority of such quorum shall be the act of the governing board of the community service board except where the bylaws of the community service board may require a greater vote. The regular term of office for each community service board member shall be three years. Vacancies on such board shall be filled in the same manner as the original appointment. For the purposes of this subsection, 'equitable representation of the various disability groups' shall mean that consumers and family members of such consumers who constitute no less than 50 percent of the board members holding membership pursuant to subsection (b) of this Code section shall be appointed so as to assure that an equal number of such members to the fullest extent possible represents mental health, developmental disabilities, and addictive diseases interests. (i) Each community service board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six and no more than 13 members, not including ex officio members any additional members appointed pursuant to paragraph (2) of subsection (b) of this Code section, MONDAY, MARCH 13, 2006 3181 notwithstanding the provisions of subsection (b) of this Code section, which members in all other respects shall be appointed as provided in this Code section. (j) No officer or employee of a community service board who has authority to take, direct others to take, recommend, or approve any personnel action shall take or threaten action against any employee of a community service board as a reprisal for making a complaint or disclosing information concerning the possible existence of any activity constituting fraud, waste, or abuse in or relating to the programs, operations, or client services of the board to the board or to a member of the General Assembly 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. Any action taken in violation of this subsection shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court. (k) A member of a community service board who after notice that such member has failed to complete any required training prescribed by the department pursuant to paragraph (4) of subsection (b) of Code Section 37-1-20 continues such failure for 30 days may be removed from office by the remaining members of the community service board. (l) A member of a community service board may resign from office by giving written notice to the executive director of the community service board. The resignation is irrevocable after delivery to such executive director but shall become effective upon the date on which the notice is received or on the effective date given by the member in the notice, whichever date is later. The executive director, upon receipt of the resignation, shall give notice of the resignation to the remaining members of the community service board and to the chief executive officer or governing authority of the county that appointed the member. (m) The office of a member of a community service board shall be vacated upon such member's resignation, death, or inability to serve due to medical infirmity or other incapacity, removal by the community service board as authorized in this Code section or upon such other reasonable condition as the community service board may impose under its bylaws. (n) A member of a community service board may not enter upon the duties of office until such member takes the following oath of office: STATE OF GEORGIA COUNTY OF __________ I, _______________________, do solemnly swear or affirm that I will truly perform the duties of a member of the _______________________ Community Service Board to the best of my ability. I do further swear or affirm: (1) That I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; (2) That I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding; 3182 JOURNAL OF THE HOUSE (3) That I am otherwise qualified to hold said office according to the Constitution and the laws of Georgia; and (4) That I will support the Constitution of the United States and this state. _____________________ Signature of member of ____________________ Community Service Board Sworn and subscribed before me this ______ day of ______________, ____. (SEAL)" _____________________ Typed name of member of ____________________ Community Service Board SECTION 6. Said title is further amended by striking Code Section 37-2-6.1, relating to the program director, staff, budget, and facilities of community service boards, in its entirety and inserting in its place the following: "37-2-6.1. (a) Each community service board shall employ an executive director to serve as its chief executive officer who shall direct the day-to-day operations of the community service board. Such executive director shall be appointed and removed by the community service board and shall appoint other necessary staff pursuant to an annual budget adopted by the board, which budget shall provide for securing appropriate facilities, sites, and professionals necessary for the provision of disability services. The community service board may delegate any power, authority, duty, or function to its executive director or other staff. The executive director or other staff is authorized to exercise any power, authority, duty, or function on behalf of the community service board. (b) Each community service board, under the jurisdiction of its board, shall perform duties, responsibilities, and functions and may exercise power and authority described in this subsection. Each program may exercise the following power and authority: (1) Each community service board may adopt bylaws for the conduct of its affairs; provided, however, that the community service board shall meet at least quarterly, and that all such meetings and any bylaws shall be open to the public, as otherwise required under Georgia law; (2) Each community service board may make and enter into all contracts necessary and incidental to the performance of its duties and functions; (3) Each community service board may acquire by purchase, gift, lease, or otherwise and may own, hold, improve, use, and sell, convey, exchange, transfer, lease, MONDAY, MARCH 13, 2006 3183 sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes; (4) Each community service board may contract to utilize the services of the Department of Administrative Services, the State Merit System of Personnel Administration, the state auditor, or any other agency of state, local, or federal government; (5) Each community service board may provide, either independently or through contract with appropriate state or local governmental entities, the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons: (A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise, but medical and hospitalization benefits may only be provided through the Department of Community Health under the same conditions as provided for such benefits to state employees, and the Department of Community Health shall so provide if requested; (B) Life insurance coverage and coverage under federal old age and survivors insurance programs; (C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits; (6) Each community service board may cooperate with all units of local government within the boundaries of in the counties where the community service board provides services as well as neighboring regions and with the programs of other departments, agencies, and regional commissions and regional planning boards; (7) Each community service board shall establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees; provided, however, each community service board shall comply with the provisions of Chapter 20 of Title 45, relating to state personnel administration, for as long as and to the extent that each employee of such board shall be who is a covered employee as defined in Code Section 45-20-2, and is subject to the rules and regulations of the state merit system State Merit System of Personnel Administration remains in a covered position or as otherwise provided by law; (8) Each community service board may receive and administer grants, gifts, contracts, moneys, and donations for purposes pertaining to the delivery of disability services; (9) Each community service board may establish fees for the provision of disability services according to the terms of contracts entered into with the Department of Human Resources and the Department of Community Health state-wide standards; (10) Each community service board may accept appropriations, loans of funds, facilities, equipment, and supplies from the local governmental entities within its boundaries in the counties where the community service board provides services; (11) Each member of the community service board may, upon approval of the executive director, receive reimbursement for actual expenses incurred in carrying out the duties of such office; provided, however, such reimbursement shall not exceed the 3184 JOURNAL OF THE HOUSE in conformance with rates and allowances set for state employees by the Office of Planning and Budget and the same milage or the mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier; (12) Each community service board shall elect a chairperson and vice chairperson from among its membership; and the. The members shall also elect a secretary and treasurer from among its membership or may designate the executive director of the community service board to serve in one or both offices. Such officers shall serve for such terms as shall be prescribed in the bylaws of the community service board or until their respective successors are elected and qualified. No member shall hold more than one office of the community service board; except that the same person may serve as secretary and treasurer. The bylaws of the community service board shall provide for any other officers of such board and the means of their selection, the terms of office of the officers, and an annual meeting to elect officers; (13) Each community service board may have a seal and alter it; (14) Each community service board may contract with the State Merit System of Personnel Administration regarding its personnel who remain in the classified service; (15) Each community service board may establish fees, rates, rents, and charges for the use of facilities of the community service board for the provision of disability services when approved by in accordance with the terms of contracts entered into with the department; (16) Each community service board may borrow money for any business purpose and may incur debt, liabilities, and obligations for any business purpose. A debt, liability, or obligation incurred by a community service board shall not be considered a debt, liability, or obligation of the state or any county or any municipality or any political subdivision of the state. A community service board may not borrow money as permitted by this Code section if the highest aggregate annual debt service requirements of the then current fiscal year or any subsequent year for outstanding borrowings of the community service board, including the proposed borrowing, exceed 15 percent of the total revenues of the community service board in its fiscal year immediately preceding the fiscal year in which such debt is to be incurred. Interest paid upon such borrowings shall be exempt from taxation by the state or its political subdivisions. A state contract with a community service board shall not be used or accepted as security or collateral for a debt, liability, or obligation of a community service board without the prior written approval of the commissioner; (17) Each community service board, to the extent authorized by law and the contract for the funds involved, may carry forward without lapse fund balances and establish operating, capital, and debt reserve accounts from revenues and grants derived from state, county, and all other sources; and (18) Each community service board may operate, establish, or operate and establish facilities deemed by the community service board as necessary and convenient for the administration, operation, or provision of disability services by the community service MONDAY, MARCH 13, 2006 3185 board and may construct, reconstruct, improve, alter, repair, and equip such facilities to the extent authorized by state and federal law. (c) Nothing shall prohibit a community service board from contracting with any county governing authority, private or other public provider, or hospital for the provision of disability services. (d) Each community service board exists for nonprofit and public purposes, and it is found and declared that the carrying out of the purposes of each community service board is exclusively for public benefit and its property is public property. Thus, no community service board shall be required to pay any state or local ad valorem, sales, use, or income taxes. (e) A community service board does not have the power to tax, the power to issue general obligation bonds or revenue bonds or revenue certificates, or the power to financially obligate the state or any county or any municipal corporation. (f) A community service board shall not operate any facility for profit. A community service board may fix fees, rents, rates, and charges that are reasonably expected to produce revenues, which, together with all other funds of the community service board, will be sufficient to administer, operate, and provide the following: (1) Disability services; (2) The cost of acquiring, constructing, equipping, maintaining, repairing, and operating its facilities; and (3) The creation and maintenance of reserves sufficient to meet principal and interest payments due on any obligation of the community service board. (g) Each community service board may provide reasonable reserves for the improvement, replacement, or expansion of its facilities and services. Reserves under this subsection shall be subject to the limitations in paragraph (16) of subsection (b) of this Code section. (h) Each county and municipal corporation of this state is authorized to convey or lease property of such county or municipal corporation to a community service board for its public purposes. Any property conveyed or leased to a community services board by a county or municipal corporation shall be operated by such community service board in accordance with this chapter and the terms of the community service board's agreements with the county or municipal corporation providing such conveyance or lease. (i) Each community service board shall keep books of account reflecting all funds received, expended, and administered by the community service board which shall be independently audited annually. (j) When approved by the commissioner, a A community service board may create, form, or become a member of a nonprofit corporation, limited liability company, or other nonprofit entity, the voting membership of which shall be limited to community service boards, governmental entities, nonprofit corporations, or a combination thereof, if such entity is created for purposes that are within the powers of the community service board, for the cooperative functioning of its members, or a combination thereof. No community service board, whether or not it exercises the power authorized by this subsection, shall be relieved of compliance with Chapter 14 of Title 50, relating to open 3186 JOURNAL OF THE HOUSE and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. (k) No community service board shall employ or retain in employment, either directly or indirectly through contract, any person who is receiving a retirement benefit from the Employees Retirement System of Georgia except in accordance with the provisions of subsection (c) of Code Section 47-2-110; provided, however, that any such person who is employed as of July 1, 2004, may continue to be employed. (l) A community service board may join or form and operate, either directly or indirectly, one or more networks of community service boards, disability professionals, and other providers of disability services to arrange for the provision of disability services through such networks; to contract either directly or through such networks with the Department of Community Health to provide services to Medicaid beneficiaries; to provide disability services in an efficient and cost-effective manner on a prepaid, capitation, or other reimbursement basis; and to undertake other disability related managed care activities. For purposes of this subsection only and notwithstanding Code Section 33-3-3 or any other provision of law, a community service board shall be permitted to and shall comply with the requirements of Chapter 20A of Title 33 to the extent that such requirements apply to the activities undertaken by the community service board or by a community service board under this subsection or subsection (j) of this Code section. No community service board, whether or not it exercises the powers authorized by this subsection, shall be relieved of compliance with Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. Any licensed health care provider shall be eligible to apply to become a participating provider under such a plan or network that provides coverage for health care or disability services which are within the lawful scope of the provider's license, but nothing in this Code section shall be construed to require any such plan or network to provide coverage for any specific health care or disability service." SECTION 7. Said title is further amended by adding after Code Section 37-2-6.4, relating to reconstituting or converting of organizational structure, a new Code section to read as follows: "37-2-6.5. (a) By joint action of the membership of a community service board created pursuant to Code Section 37-2-6 and the governing authority of each county that contributes funds or resources to such board within the community service board area, such community service board may cease operations; provided, however, such community service board shall notify the commissioner at least 90 days in advance of the meeting of the community service board in which such action is to be taken. Such joint action shall indicate the date on which the community service board shall cease operations. (b) Upon receipt of notification that a community service board intends to cease operations, the commissioner shall notify the chairperson and executive director of such MONDAY, MARCH 13, 2006 3187 community service board and the governing authority of each county within the community service board area of such board that: (1) The department, after securing the approval of the Governor, intends to appoint a manager or management team to manage and operate the programs and services of the community service board in accordance with the provisions of paragraph (1) of subsection (c) of Code Section 37-2-10 until the division shall determine: (A) That such community service board should continue in operation, provided one or more members appointed to such board in accordance with subsection (b) of Code Section 37-2-6 shall be removed in accordance with subparagraph (c)(3)(H) of Code Section 37-2-10, and the division, acting on behalf of the membership of the community service board, nominates a successor to a removed member and advises the county governing authority that appointed such removed member to appoint a successor; (B) That all of the members of such community service board appointed in accordance with subsection (b) of Code Section 37-2-6 shall be removed and such community service board shall be reconstituted; and that the division shall assist the county governing authorities in making appointments to the new community service board; or (C) In the case where the membership of such community service board is the membership of a county board of health designated in accordance with Code Section 31-3-12.1 or subsection (e) of Code Section 37-2-6, that the entire membership of the community service board should be removed and the membership of the community service board be reconstituted in accordance with subsection (b) of Code Section 37-2-6; (2) The division, with the approval of the commissioner, intends to redesignate the boundaries of the community service board area served by such board pursuant to paragraph (1) of subsection (b) of Code Section 37-2-3 by expanding the boundaries of an adjacent community service board area served by another community service board to include the counties in the community service board area served by the community service board that intends to cease operations so that the community service board serving such adjacent area may assume responsibility for the provision of disability services within such counties; (3) The department intends to request pursuant to Code Section 31-3-12.1 that the governing authority of a county within the community service board area of such board authorize the membership of the board of health of such county to serve as the membership of such community service board; or (4) The department, after securing the approval of the Governor, intends to appoint a manager or management team to manage and operate the programs and services of the community service board until such time as arrangements can be made to secure one or more alternate service providers to assume responsibility for the provision of services previously provided by the community service board. (c) If a community service board ceases operation and is succeeded by another community service board pursuant to paragraph (2), a county board of health pursuant 3188 JOURNAL OF THE HOUSE to paragraph (3), or a manager or management team pursuant to paragraph (4) of subsection (b) of this Code section, the division shall make a determination about the disposition of all assets, equipment, and resources purchased with state or federal funding in the possession of the predecessor community service board. (d) If a community service board ceases operation and one or more alternate service providers assume responsibility for the provision of services previously provided by the community service board pursuant to paragraph (4) of subsection (b) of this Code section, the department shall petition the superior court of the county in which the principal office of that community service board was located for appointment of a receiver of the assets of the community service board for the protection of the board's creditors and the public. The receiver shall be authorized to marshal and sell or transfer assets of the board, and, after payment of the costs, expenses, and approved fees of the proceeding, to pay the liabilities of the community service board. The court shall then decree that the board be dissolved. Upon completion of the liquidation, any surplus remaining after paying all costs of the liquidation shall be distributed, as determined by the court, to the agencies, entities, or providers providing disability services in the community service board area formerly served by the community service board which ceased operations. At no time shall any community service board upon ceasing operations convey any of its property, except as may be otherwise authorized by a superior court in this subsection, to any private person, association, or corporation." SECTION 8. Said title is further amended by striking Code Section 37-2-10, relating to director's emergency powers upon failure of community service board to establish and administer progress, in its entirety and inserting in its place the following: "37-2-10. (a) Notwithstanding any other provisions of the law, the director with the concurrence of the commissioner and the Governor is authorized to establish and administer community programs on an emergency basis in the event one or more community service boards fail to assume responsibility for the establishment and implementation of an adequate range of disability services or to provide appropriate disability services as determined by the division or substantially breach their contracts with the department pursuant to this chapter. (b) Upon notification by a community service board of an inability to provide an adequate range of disability services or to provide appropriate services, the director, with concurrence of the commissioner and the Governor, may: (1) Assume responsibility for the administration and operation of all of the community programs operated by or through such board and, in which case, the programs shall become department programs; the department shall acquire the assets of the community service board; and the community service board employees shall become employees of the department; or (2) Assume responsibility for the administration and operation of one or more of the community programs operated by or through such board, in which case, such program MONDAY, MARCH 13, 2006 3189 or programs shall become a department program or programs; the department shall acquire those assets of the community service board assigned to such program or programs; and the employees of such program or programs shall become employees of the department. Any community service board programs not transferred to the department shall continue to be operated by the community service board and the employees for such programs shall remain community service board employees; or. (3)(c)(1) Notwithstanding any other provisions of the law, the director with the concurrence of the commissioner and the Governor is authorized to Appoint appoint a manager or management team to manage and operate the programs and services of the community service board until such time as a determination has been made that the circumstances or conditions causing the appointment of a manager or management team have been sufficiently corrected. Upon such a determination, the authority to manage and operate the programs and services of the community service board shall be returned to the community service board. if the director finds that the community service board: (A) Provides notice pursuant to Code Section 37-2-6.5 that such board intends to cease operations; (B) Intentionally, recklessly, or negligently failed to discharge its duties pursuant to a contract with the department; (C) Misused state or federal funds; (D) Engaged in a fraudulent act, transaction, practice, or course of business; (E) Endangered the life, safety, or health of a consumer served by the community service board; (F) Failed to keep fiscal records and maintain proper control over its assets; (G) Failed to respond to a substantial deficiency in a review or audit; (H) Otherwise substantially failed to comply with this chapter or the rules or standards of the department or division; or (I) No longer has the fiscal ability to continue to provide contracted services and without the intervention of the department, continued provision of disability services to consumers in the service area is in immediate jeopardy. (2) In order to carry out the provisions of paragraph (1) of this subsection, the director shall give written notice to the community service board regarding the appointment of a manager or management team and the circumstances on which the appointment is based. The director may require the community service board to pay costs incurred by the manager or management team. (3) Subject to the determination of the director, a manager or management team appointed pursuant to this subsection may: (A) Evaluate, redesign, modify, administer, supervise, or monitor a procedure, operation, or the management of the community service board; (B) Hire, supervise, discipline, reassign, or terminate the employment of an employee of the community service board; (C) Reallocate the resources and manage the assets of the community service board; 3190 JOURNAL OF THE HOUSE (D) Require that a financial transaction, expenditure, or contract for goods and services be approved by the manager or management team; (E) Redesign, modify, or terminate a program or service of the community service board; (F) Direct the members of the community service board, the executive director, chief financial officer, or any other administrative or program manager to take an action; (G) Exercise a power, duty, authority, or function of the community service board as authorized by this chapter; (H) Recommend to the director the removal of a member or the executive director of the community service board; and the provisions of any law to the contrary notwithstanding, the director may remove such member or executive director from office; and (I) Report at least monthly to the director on actions taken. (4) A manager or management team appointed pursuant to this subsection may not use or dispose of any asset or funds contributed to the community service board by the governing authority of a county or municipal corporation without the approval of such governing authority. (5) If a manager or management team is appointed pursuant to this Code section, the department may: (A) Upon a determination that the conditions that gave rise to the appointment of a manager or management team pursuant to this subsection have been met and that such manager or management team is no longer necessary, terminate the authority delegated to such manager or management team and restore authority to the community service board to manage and operate the services and programs of the community service board; or (B) Operate and manage the programs of the community service board until such time as arrangements can be made to secure one or more alternative service providers to assume responsibility for the provision of services previously provided by the community service board. If this option is exercised, the department shall petition the appropriate superior court for appointment of a receiver pursuant to subsection (d) of Code Section 37-2-6.5. (6) Nothing in this subsection shall be construed to prohibit the department from canceling a contract with a community service board." SECTION 9. Said title is further amended by striking subsection (b) of Code Section 37-2-11, relating to allocation of available funds for services, in its entirety and inserting in its place the following: "(b) Fees generated, if any, by hospitals, community service boards, and other private and public providers, providing services under contract or purview of the regional offices division, shall be reported to the regional offices division and applied wherever appropriate against the cost of providing, and increasing the quantity and quality of, MONDAY, MARCH 13, 2006 3191 disability services; provided, however, that income to a community service board derived from fees may be used to further the purposes of such community service board as found in Code Section 37-3-6.1, subject to appropriations. The division shall be responsible for developing procedures to properly account for the collection, remittance, and reporting of generated fees. The regional offices division shall work with the community service boards and other public or private providers to develop an appropriate mechanism for accounting for the funds and resources contributed to local disability services by counties and municipalities within the area. Such contributions are not required to be submitted to either the community service boards or the regional offices division; however, appropriate documentation and accounting entries shall make certain that the county or municipality is credited, and if necessary compensated, appropriately for such contribution of funds or resources." SECTION 10. Said title is further amended by striking paragraph (1) of subsection (c) of Code Section 37-2-11.1, relating to venue in actions against community service boards, in its entirety and inserting in its place the following: "(c)(1) The community service boards shall be public bodies but shall not be considered agencies of the state or any specific county or municipality. Such community service boards are public agencies in their own right and shall have the same immunity as provided for counties. the State of Georgia. Claims against community service boards and officers and employees thereof shall be governed by Article 2 of Chapter 20 of Title 50, the 'Georgia Tort Claims Act.' No county shall be liable for any action, error, or omission of a community service board. Notwithstanding any provisions of law to the contrary, and regardless of any provisions of law which grant employees of the community service boards benefits under programs operated by the state or which deem them to be state employees only for purposes of those benefits, employees of the community service boards shall not be employees of the state but shall be employees of the community service boards and, further, the state shall not be liable for any action, error, or omission of such employees." SECTION 11. Said title is further amended by adding a paragraph to Code Section 37-9-2, relating to definitions regarding payment of expenses for support, treatment, and care of patients in state institutions generally, to read as follows: "(1.5) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-26." SECTION 12. Nothing in this Act shall be construed to affect or abate any right accrued or vested prior to July 1, 2006, or any action or proceeding commenced prior to July 1, 2006, under any 3192 JOURNAL OF THE HOUSE law amended or repealed by this Act. SECTION 13. This Act shall become effective July 1, 2006, except that those provisions which authorize community service boards to amend their bylaws and authorize county governing authorities to appoint no sooner than May 1, 2006, any community service board members to take office on July 1, 2006, shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. SECTION 14. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Cooper of the 41st and Brown of the 69th move to amend the Floor substitute to HB 1223 by striking "services," on line 8 of page 6 and inserting in lieu thereof the following: services, a child psychiatrist, 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 E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown 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 Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y Sailor Y Scheid Y Scott, A Y Scott, M 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 MONDAY, MARCH 13, 2006 3193 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 E Cox Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 167, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 1502. By Representatives Royal of the 171st, O`Neal of the 146th and Roberts of the 154th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for additional powers, duties, and authority of the state revenue commissioner with respect to property appraisal and assessment; to change certain provisions relating to bona fide conservation use covenants; to change certain provisions regarding appointment of members of county boards of tax assessors; to change certain provisions regarding qualifications of members of county boards of tax assessors; to change certain provisions regarding eligibility and terms of office of members of county boards of tax assessors; 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 E Anderson Y Crawford Cummings Y Davis Y Hill, C.A Y Holmes Y Holt Y Martin Y Maxwell Y May Y Sailor Y Scheid Y Scott, A 3194 JOURNAL OF THE HOUSE 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 N Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper E Cox Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Horne Y Houston Y Howard, E 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y McCall E McClinton Y Meadows E Millar 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 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 Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 161, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 582. By Representatives Mosley of the 178th and Cummings of the 16th: A BILL to be entitled an Act to amend Code Section 47-2-99 of the Official Code of Georgia Annotated, relating to the applicability of creditable service in the Employees Retirement System of Georgia for persons employed in a temporary full-time position, so as to provide that credit may be granted for service covered by Chapter 22 of Title 47, the Georgia Defined Contribution Plan; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: MONDAY, MARCH 13, 2006 3195 A BILL To amend Code Section 47-2-99 of the Official Code of Georgia Annotated, relating to the applicability of creditable service in the Employees Retirement System of Georgia for persons employed in a temporary full-time position, so as to provide that credit may be granted for service covered by Chapter 22 of Title 47, the Georgia Defined Contribution Plan; to provide conditions for an effective date and automatic repeal, to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 47-2-99 of the Official Code of Georgia Annotated, relating to the applicability of creditable service in the Employees Retirement System of Georgia for persons employed in a temporary full-time position, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following: "(a) Any member of the retirement system, including a member subject to the provisions of Code Section 47-2-334, who was, at any time prior to becoming a member, employed by an employer as a temporary full-time employee, may obtain up to 12 months of creditable service for such service as a temporary full-time employee under the conditions contained in this Code section; provided, however, that no such credit shall be granted for any period which was covered under Chapter 22 of this title, relating to the Georgia Defined Contribution Plan." SECTION 2. Said Code section is further amended by striking in its entirety subsection (c) and inserting in lieu thereof the following: "(c)(1) Any member of the retirement system who was, immediately prior to becoming a member, employed in a position in which he or she was covered under Chapter 22 of this title, relating to the Georgia Defined Contribution Plan, may obtain creditable service for his or her total prior service as a participant in such plan under the conditions contained in this Code section. (2) One month of creditable service shall be granted for each 160 hours of credited service, not to exceed 12 months of creditable service for all service rendered during any single calendar year. (3) A member wishing to obtain such creditable service shall pay to the board of trustees such amount as determined by the actuary as necessary to grant such benefit without creating any actuarial accrued liability as to this retirement system. (4) The board of trustees shall require such proof of service as may be necessary to carry out the provisions of this Code section. (5) In order to obtain creditable service under this Code section, a member must make application to the board of trustees not later than December 31, 2006, or within six months of becoming a member of this retirement system, whichever date is later. 3196 JOURNAL OF THE HOUSE (c)(d) Application for creditable service authorized by subsection (a) of this Code section must be received by the board of trustees not later than June 30, 2001 December 31, 2006, or 24 months after the member becomes a member of the retirement system, whichever date is later." SECTION 3. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown 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 Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Dukes Ehrhart Y England Y Epps N Everson Y Fleming Y Floyd, H Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D N Graves, T Y Greene Y Hanner Y Harbin Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Martin N Maxwell N May Y McCall E McClinton Y Meadows E Millar 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 Sailor Y Scheid Y Scott, A N 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 Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson MONDAY, MARCH 13, 2006 3197 Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper E Cox Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 156, nays 7. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. HB 1290. By Representatives Hill of the 180th, Lewis of the 15th, Lane of the 167th and Lane of the 158th: A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit the intentional sale or fraudulent transfer or use of the records of a customer of a telephone service provider; to provide a short title; to provide for a fine, imprisonment of not more than ten years, or both; to exempt law enforcement agencies; to provide definitions; to provide a legislative purpose; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating telephone and telegraph services, so as to provide that the unauthorized sale or use of telephone records of a customer is unlawful and constitutes a felony; to provide a short title; to provide a penalty; to provide for certain exemptions including the actions of law enforcement agencies; 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. 3198 JOURNAL OF THE HOUSE Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph services, is amended by adding a new Article 6 to read as follows: "ARTICLE 6 46-5-200. This article shall be known and may be cited as the 'Georgia Telephone Records Protection Act.' 46-5-201. As used in this article, the term: (1) 'Procure' means to obtain by any means, whether electronically or in writing or in oral form, with or without consideration. (2) 'Telephone' means any device used by a person for voice communications in connection with the services of a voice service provider, whether such voice communications are transmitted in analog, data, or any other form. (3) 'Telephone record' means information retained by a voice service provider that relates to a telephone number dialed by the customer or the incoming telephone numbers of calls directed to a customer or other data related to telephone calls typically contained on a customer telephone bill, such as the time the call started and ended, the duration of the call, the time of day the call was made, and any charges applied. For purposes of this article, any information collected and retained by, or on behalf of, customers utilizing caller identification or other similar technology does not constitute a telephone record. (4) 'Voice service provider' means any person, firm, partnership, corporation association, or municipal, county, or local governmental entity that provides telephone services to a customer, irrespective of the communications technology used to provide such service, including, but not limited to, traditional wireline or cable telephone service; cellular, broadband personal communications service, or other wireless telephone service; microwave, satellite, or other terrestrial telephone service; and voice over Internet protocol service. 46-5-202. (a) It shall be a felony, punishable by a fine of not more than $250,000.00, imprisonment for not more than ten years, or both, for a person to do any of the following acts: (1) To knowingly procure, attempt to procure, solicit, or conspire with another to procure a telephone record of any resident or business of this state without the authorization of the customer to whom the record pertains or by fraudulent, deceptive, or false means; (2) To knowingly sell, or attempt to sell, a telephone record of any resident or business of this state without the authorization of the customer to whom the record pertains; or MONDAY, MARCH 13, 2006 3199 (3) To receive a telephone record of any resident or business of this state knowing that the record has been obtained without the authorization of the customer to whom the record pertains or by fraudulent, deceptive, or false means. 46-5-203. No provision of this article shall be construed so as to prevent any action by a law enforcement agency or any officer or agent of the agency, under color of law, to obtain telephone records in connection with the performance of the official duties of the agency. 46-5-204. (a) No provision of this article shall be construed to prohibit a voice service provider from obtaining, using, disclosing, or permitting access to any telephone record, either directly or indirectly through its agents, in any of the following circumstances: (1) As otherwise authorized or permitted by law, including, but not limited to, the sharing of the records with its affiliates; (2) With the consent or approval of the customer or subscriber; (3) As may be reasonably incident to the rendition of the service or to the protection of the rights or property of the provider of that service or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of or subscription to the services; (4) To give access to a governmental entity, if the voice service provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information; or (5) To give access to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under Section 227 of the federal Victims of Child Abuse Act of 1990, 42 U.S.C. Section 13032. (b) The provisions of this article shall not apply to a voice service provider, its employees, agents, or representatives who reasonably and in good faith act pursuant to the provisions of subsection (a) of this Code section, notwithstanding any later determination that the act was not authorized. 46-5-205. No private right of action is authorized pursuant to 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. 3200 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: 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 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 E 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 Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 E Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell May Y McCall E McClinton Y Meadows E Millar 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 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 Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. The Speaker assumed the Chair. MONDAY, MARCH 13, 2006 3201 The following Resolution of the House was read and referred to the Committee on Rules: HR 1796. By Representative Brown of the 69th: A RESOLUTION inviting students and faculty members of the LaGrange College Political Science Department; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 1302. By Representatives Casas of the 103rd, Fleming of the 117th, Everson of the 106th, Coan of the 101st, Reese of the 98th and others: A BILL to be entitled an Act to provide for public safety measures for and from young people; to amend Chapter 15 of Title 16 of the O.C.G.A., the "Georgia Street Gang Terrorism and Prevention Act," so as to change certain definitions; to change certain provisions relating to the prohibition against participation in criminal street gang activity; to provide for enhanced penalties for participation in criminal street gang activity; to provide for the admissibility of certain evidence at trial; to amend Title 20 of the O.C.G.A., relating to education, so as to change certain provisions relating to failure to leave school premises after being requested to leave; to change certain provisions relating to check-in requirements and exceptions; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To provide for public safety measures for and from young people; to amend Chapter 15 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Street Gang Terrorism and Prevention Act," so as to change certain definitions; to change certain provisions relating to the prohibition against participation in criminal street gang activity; to provide for enhanced penalties for participation in criminal street gang activity; to provide for the admissibility of certain evidence at trial; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to failure to leave school premises after being requested to leave; to change certain provisions relating to check-in requirements and exceptions; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. 3202 JOURNAL OF THE HOUSE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 15 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Street Gang Terrorism and Prevention Act," is amended by striking in its entirety Code Section 16-15-3, relating to definitions, and inserting in lieu thereof the following: "16-15-3. As used in this chapter, the term: (1) 'Criminal gang activity' means the commission, attempted commission, conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit any of the following offenses on or after July 1, 2006: (A) Any offense defined as racketeering activity by Code Section 16-14-3; (B) Any offense defined in Article 7 of Chapter 5 of this title, relating to stalking; (C) Any offense defined in Code Section 16-6-1 as rape, 16-6-2 as aggravated sodomy, 16-6-3 as statutory rape, or 16-6-22.2 as aggravated sexual battery; (D) Any offense defined in Article 3 of Chapter 10 of this title, relating to escape and other offenses related to confinement; (E) Any offense defined in Article 4 of Chapter 11 of this title, relating to dangerous instrumentalities and practices; (F) Any offense defined in Code Section 42-5-15, 42-5-16, 42-5-17, 42-5-18, or 425-19, relating to the security of state or county correctional facilities; (G) Any offense defined in Code Section 49-4A-11, relating to aiding or encouraging a child to escape from custody; (H) Any offense of criminal trespass or criminal damage to property resulting from any act of gang related painting on, tagging, marking on, writing on, or creating any form of graffiti on the property of another; (I) Any criminal offense committed in violation of the laws of the United States or its territories, dominions, or possessions, any of the several states, or any foreign nation which, if committed in this state, would be considered criminal gang activity under this Code section; and (J) Any criminal offense in the State of Georgia, any other state, or the United States that involves violence, possession of a weapon, or use of a weapon, whether designated as a felony or not, and regardless of the maximum sentence that could be imposed or actually was imposed. (1)(2) 'Criminal street gang' means any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in a pattern of criminal gang activity as defined in paragraph (2)(1) of this Code section. The existence of such organization, association, or group of individuals associated in fact may be established by evidence of a common name or common identifying signs, symbols, tattoos, graffiti, or attire or other distinguishing characteristics. (2) 'Pattern of criminal gang activity' means the commission, attempted commission, conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit at least two of the following offenses, provided that at least one of these MONDAY, MARCH 13, 2006 3203 offenses occurred after July 1, 1998, and the last of such offenses occurred within three years, excluding any periods of imprisonment, of prior criminal gang activity: (A) Any offense defined as racketeering activity by Code Section 16-14-3; (B) Any offense defined in Article 7 of Chapter 5 of this title, relating to stalking; (C) Any offense defined in Code Section 16-6-1 as rape, 16-6-2 as aggravated sodomy, 16-6-3 as statutory rape, or 16-6-22.2 as aggravated sexual battery; (D) Any offense defined in Article 3 of Chapter 10 of this title, relating to escape and other offenses related to confinement; (E) Any offense defined in Article 4 of Chapter 11 of this title, relating to dangerous instrumentalities and practices; (F) Any offense defined in Code Section 42-5-15, 42-5-16, 42-5-17, 42-5-18, or 425-19, relating to the security of state or county correctional facilities; and (G) Any offense defined in Code Section 49-4A-11, relating to aiding or encouraging a child to escape from custody." SECTION 2. Said chapter is further amended by striking in its entirety Code Section 16-15-4, relating to the prohibition against participation in criminal street gang activity, and inserting in lieu thereof the following: "16-15-4. (a) It shall be unlawful for any person employed by or associated with a criminal street gang to conduct or participate in such criminal street gang activity through a pattern of criminal gang activity the commission of any offense enumerated in paragraph (1) of Code Section 16-15-3. (b) It shall be unlawful for any person employed by or associated with a criminal street gang to commit any offense enumerated in paragraph (1) of Code Section 16-15-3 with knowledge that members of such criminal street gang have committed one or more of such offenses. (c) It shall be unlawful for any person to commit any offense enumerated in paragraph (1) of Code Section 16-15-3 with the intent to maintain or increase his or her status or position in a criminal street gang. (d) It shall be unlawful for any person to acquire or maintain, directly or indirectly, through a pattern of criminal gang activity or proceeds derived therefrom any interest in or control of any real or personal property of any nature, including money. (c)(e) It shall be unlawful for any person who occupies a position of organizer, supervisory position, or any other position of management with regard to a criminal street gang to engage in, directly or indirectly, or conspire to engage in a pattern of criminal gang activity. (d)(f) It shall be unlawful for any person to cause, encourage, solicit, or coerce another to participate in a criminal street gang. (e)(g) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to deter such person from 3204 JOURNAL OF THE HOUSE assisting a member or associate of a criminal street gang to withdraw from such criminal street gang. (f)(h) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to punish or retaliate against such person for having withdrawn from a criminal street gang. (g)(i)(1) Any person who violates subsection (a), (b), (c), or (b) (d) of this Code section shall, in addition to any other penalty imposed by law, be punished by imprisonment for not less than three five nor more than 15 years or by a fine of not less than $5,000.00 $10,000.00 nor more than $10,000.00 $15,000.00, or both. (2) Any person who violates subsection (c)(e) of this Code section may, in addition to any other penalty provided by law, be punished by imprisonment for an additional ten years which shall be served consecutively to any other sentence imposed on such person by law. (3) Any person who violates subsection (d), (e), or (f), (g), or (h) of this Code section shall, in addition to any other penalty provided by law, be punished by imprisonment for not less than one three nor more than ten years. (h)(j) Any crime committed in violation of this Code section shall be considered a separate offense." SECTION 3. Said chapter is further amended by inserting at the end thereof the following: "16-15-9. The commission of any offense enumerated in paragraph (1) of Code Section 16-15-3 by any member of a criminal street gang shall be admissible in any trial or proceeding for the purpose of proving the existence of the criminal street gang and criminal gang activity." SECTION 4. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking subsections (b) and (c) of Code Section 20-2-1180 and inserting in lieu thereof new subsections (b), (c), and (c.1) to read as follows: "(b) Any person who shall not have any: (1) Is legitimate cause or need to be present upon the premises or within the school safety zone of any public or private school in this state who shall willfully fail and willfully fails to remove himself or herself from such premises after the principal or designee of such school shall request requests him or her to do so; or (2) Fails to check in at the designated location as required by subsection (c) of this Code section and willfully fails to remove himself or herself from such premises after the principal or designee of such school requests him or her to do so shall be guilty of a misdemeanor of a high and aggravated nature. (c) Upon entering any elementary or secondary school building between the official starting time and the official dismissal time, any person who is not a student at such MONDAY, MARCH 13, 2006 3205 school, an employee of the school or school system, a school board member, an approved volunteer following the established guidelines of the school, or a person who has been invited to or otherwise authorized to be at the school by a principal, teacher, counselor, or other authorized employee of the school shall check in at the designated location as stated on posted signs and provide a reason for his or her presence at the school. Failure to check in at the designated location as provided in this subsection shall be prima-facie evidence that such person is in violation of subsection (b) of this Code section. (c.1) Subsections (b) and (c) of this Code section This subsection shall not apply to law: (1) Law enforcement officers, firefighters, emergency medical technicians or paramedics, or any public safety or emergency management officials in the performance of an emergency call or to other persons making authorized deliveries to the school. This subsection shall not apply to any; (2) Any person entering a school which serves as an official polling place for the purpose of voting on election day; or (3) Any person attending or participating in an academic or athletic event while remaining in the authorized area or a parent, grandparent, or guardian listed on a child's pick-up list who fails to sign-in while delivering school supplies, food, clothing, other legitimate business and who has not previously been sanctioned by school officials for disrupting a school." SECTION 5. This Act shall become effective on July 1, 2006, and shall apply to all crimes committed on or after such date. Any offense committed before July 1, 2006, shall be punishable as provided by the statute in effect at the time the offense was committed. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representatives Barnes of the 78th et al. move to amend the Committee substitute to HB 1302 by inserting after "trial;" on line 6 of page 1 the following: to provide for the Criminal Street Gang Reward Fund administered by the Criminal Justice Coordinating Council; By striking the quotation marks at the end of line 21 and inserting between lines 21 and 22 of page 4 the following: 16-15-10. There shall be established as part of the Criminal Justice Coordinating Council the 3206 JOURNAL OF THE HOUSE Criminal Street Gang Reward Fund. The chief of police, sheriff, or chairperson of any county governing authority may request the posting of up to $5,000.00 reward for information leading to the arrest and conviction of any person involved in criminal street gang activity that leads to the death or maiming of another person or property damage in the amount of $2,500.00 or more. The following amendment was read and adopted: Representative Ehrhart of the 36th moves to amend the Barnes amendment to HB 1302 as follows: On line 9 strike: "Criminal Justice Coordinating" Add: "Prosecuting Attorney's". The Barnes amendment, as amended, was adopted. The following amendment was read and adopted: Representatives Barnes of the 78th, Sinkfield of the 60th, and Buckner of the 76th move to amend the Committee substitute to HB 1302 by inserting at the end of line 23 of page 2 the following: Such term shall not include three or more persons, associated in fact, whether formal or informal, who are not engaged in criminal gang activity. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Amerson E Anderson N Ashe Y Barnard Y Barnes Y Crawford Y Cummings Y Davis N Day N Dean Y Dickson Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E Y Martin Y Maxwell May McCall E McClinton Y Meadows N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw MONDAY, MARCH 13, 2006 3207 Y Bearden E Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce Y Bryant N Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hudson N Hugley N Jackson Y Jacobs N 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Lunsford Y Maddox N Mangham Y Manning Y Marin E Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall Y Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 124, nays 45. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 1371. By Representatives Graves of the 137th, Carter of the 159th, Harbin of the 118th, Stephens of the 164th and Parrish of the 156th: 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 Pharmacy Audit Bill of Rights"; to provide for a short title; to set out a list of rights of pharmacies undergoing audits; to provide for an appeal process; 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: A BILL 3208 JOURNAL OF THE HOUSE To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact "The Pharmacy Audit Bill of Rights"; to provide for a short title; to set out a list of rights of pharmacies undergoing audits; to provide for an appeal process; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by adding a new Code section to the end of Article 6, relating to pharmacies, to read as follows: "26-4-118. (a) This Code section shall be known and may be cited as 'The Pharmacy Audit Bill of Rights.' (b) Notwithstanding any other law, when an audit of the records of a pharmacy is conducted by a managed care company, insurance company, third-party payor, the Department of Community Health under Article 7 of Chapter 4 of Title 49, or any entity that represents such companies, groups, or department, it shall be conducted in accordance with the following bill of rights: (1) The entity conducting the audit must give the pharmacy notice at least one week prior to conducting the initial audit for each audit cycle; (2) Any audit which involves clinical or professional judgment must be conducted by a pharmacist licensed in this state; (3) Any clerical or record keeping error, such as a typographical error, scrivener's error, or computer error, regarding a required document or record shall not constitute a willful violation and is not subject to criminal penalties without proof of intent to commit fraud; (4) A pharmacy may use the physician's record or other order for drugs or medicinal supplies written or transmitted by any means of communication for purposes of validating the pharmacy record with respect to orders or refills of a legend or narcotic drug; (5) A finding of an overpayment or underpayment must be based on the actual overpayment or underpayment and may not be a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs; (6) Each pharmacy shall be audited under the same standards and parameters as other pharmacies audited by the entity; (7) A pharmacy shall be allowed at least 30 days following receipt of the preliminary audit report in which to produce documentation to address any discrepancy found during an audit; (8) The period covered by an audit may not exceed two years from the date the claim was submitted to or adjudicated by a managed care company, insurance company, MONDAY, MARCH 13, 2006 3209 third-party payor, the Department of Community Health under Article 7 of Chapter 4 of Title 49, or any entity that represents such companies, groups, or department; (9) An audit may not be initiated or scheduled during the first five days of any month due to the high volume of prescriptions filled during that time; (10) An entity conducting an audit shall not be remunerated for services based on the amount of funds identified to be recouped; (11) The preliminary audit report must be delivered to the pharmacy within 90 days after conclusion of the audit. A final audit report shall be delivered to the pharmacy within six months after receipt of the preliminary audit report or final appeal, as provided for in subsection (c), whichever is later; and (12) The audit criteria set forth in this subsection shall apply only to audits of claims submitted for payment after July 1, 2006. Notwithstanding any other provision in this subsection, the agency conducting the audit shall not use the accounting practice of extrapolation in calculating recoupments or penalties for audits. (c) Each entity conducting an audit shall establish a process under which a pharmacy may obtain a preliminary review of an audit report and may appeal an unfavorable audit report without the necessity of obtaining legal counsel. The preliminary review and appeal may be conducted by an ad hoc peer review panel, appointed by the entity, which consists of pharmacists who maintain an active practice in this state. If, following the preliminary review, the entity or review panel finds that an unfavorable audit report is unsubstantiated, the entity shall dismiss the audit report without the necessity of any further proceedings. (d) Each entity conducting an audit shall provide a copy of the final audit report, after completion of any review process, to the plan sponsor. (e) This Code section shall not apply to any investigative audit which involves fraud, willful misrepresentation, or abuse under Article 7 of Chapter 4 of Title 49." 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 Y 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Sims, F 3210 JOURNAL OF THE HOUSE 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 Y Cooper Y Cox Y Dukes Ehrhart Y England Y Epps Y Everson 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 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 Rogers Y Royal Y Rynders Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 547. By Representatives Lunsford of the 110th and Mosley of the 178th: A BILL to be entitled an Act to amend Code Section 36-71-4 of the Official Code of Georgia Annotated, relating to calculation of and requirements relative to development impact fees imposed by local governments, so as to provide a maximum amount of impact fees which may be imposed with respect to the construction of a new single family residence; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Code Section 36-71-4 of the Official Code of Georgia Annotated, relating to calculation of and requirements relative to development impact fees imposed by local MONDAY, MARCH 13, 2006 3211 governments, so as to provide a maximum amount of impact fees which may be imposed with respect to the construction of a new single-family residence; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 36-71-4 of the Official Code of Georgia Annotated, relating to calculation of and requirements relative to development impact fees imposed by local governments, is amended by adding at its end a new subsection (s) to read as follows: "(s) The total of all impact fees imposed with respect to the construction of a new single-family residence constructed for sale shall not exceed $10,000.00 or 2 percent of the sales price, whichever is less. The amount of the impact fees shall be determined as of the date of the issuance of a certificate of occupancy for the residence. Where a single-family residence is constructed by the owner for occupancy by the owner, the total of all impact fees imposed with respect to the construction of the residence shall not exceed $10,000.00 or 2 percent of the cost of the residence to the owner, including the costs of the land and construction paid by the owner. The amount of the impact fees shall be determined as of the date of the issuance of a certificate of occupancy for the residence." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Scheid of the 22nd moves to amend the Committee substitute to HB 547 as follows: - On line 12 delete "2" and add "3". - Line 17 delete "2" and add "3". - On line 18 delete the sentence starting with "The amount... 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 Crawford N Cummings N Davis N Hill, C.A N Holmes Y Holt N Martin N Maxwell N May Sailor Y Scheid N Scott, A 3212 JOURNAL OF THE HOUSE N Ashe N Barnard N Barnes N Bearden E 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 N Byrd N Carter N Casas Chambers N Channell N Cheokas N Coan N Cole N Coleman, B N Coleman, T N Cooper N Cox N Day N Dean N Dickson N Dodson N Dollar N Drenner N Dukes N Ehrhart N England N Epps N Everson Fleming N Floyd, H N Floyd, J N 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 Henson N Hill, C N Horne N Houston N Howard, E 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 N Knight N Knox N Lakly N Lane, B E Lane, R N Lewis N Lindsey N Lord N Loudermilk Lucas N Lunsford N Maddox N Mangham N Manning N Marin McCall E McClinton N Meadows E Millar N Mills N Mitchell N Morgan N Morris N Mosby N Mosley N Mumford N Murphy, J N Murphy, Q N Neal N Oliver N O'Neal Orrock N Parham N Parrish Parsons N Porter N Powell N Ralston N Randall N Ray N Reece, B N Reece, S N Reese N Rice N Roberts N Rogers N Royal N Rynders N Scott, M N Setzler N 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 N Smyre N Stanley-Turner N Stephens N Stephenson N Talton N Teilhet Thomas, A.M N Thomas, B N Tumlin N Walker E Warren Watson N Wilkinson N Willard N Williams, A N Williams, E N Williams, R N Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 2, nays 161. The amendment was lost. The following amendment was read: Representative Jones of the 46th moves to amend the Committee substitute to HB 547 as follows: Line 18 after period, add: "The $10,000 cap shall be adjusted for inflation yearly on January 1 as measured by the Consumer Price Index." On the adoption of the amendment, the roll call was ordered and the vote was as follows: MONDAY, MARCH 13, 2006 3213 N Abdul-Salaam Y Amerson E Anderson N Ashe Y Barnard N Barnes N Bearden E Beasley-Teague N Benfield Y Benton N Black N Bordeaux N Borders N Bridges Y Brooks Y Brown N Bruce N Bryant N Buckner, D N Buckner, G N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter Y Casas Y Chambers N Channell N Cheokas N Coan N Cole Y Coleman, B N Coleman, T Y Cooper N 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 Everson Fleming N Floyd, H N Floyd, J N Fludd Y Forster N Franklin N Freeman N Gardner Y Geisinger N Golick N Graves, D N Graves, T N Greene N Hanner Y Harbin N Hatfield N Heard, J N Heard, K N Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E N Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins Y Jennings N Johnson Y Jones, J Jones, S N Jordan N Keen Y Keown N Kidd N Knight N Knox N Lakly N Lane, B E Lane, R N Lewis Y Lindsey N Lord N Loudermilk N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin N Maxwell N May McCall E McClinton N Meadows E Millar N Mills N Mitchell N Morgan Y Morris N Mosby N Mosley Y Mumford N Murphy, J N Murphy, Q N Neal N Oliver Y O'Neal N Orrock N Parham N Parrish Parsons N Porter N Powell N Ralston N Randall N Ray N Reece, B N Reece, S N Reese Y Rice Y Roberts N Rogers Y Royal N Rynders Sailor Y Scheid N Scott, A N Scott, M N Setzler N Shaw Y Sheldon Y Sims, C N Sims, F N 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 Y Thomas, B N Tumlin Y Walker E Warren Watson Y 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 42, nays 124. The amendment was lost. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Amerson Y Crawford Y Cummings Y Hill, C.A Y Holmes N Martin N Maxwell Sailor Y Scheid 3214 JOURNAL OF THE HOUSE E Anderson Y Ashe N Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D N Buckner, G Y Burkhalter Y Burmeister N Burns N Butler N Byrd N Carter Y Casas Y Chambers N Channell Y Cheokas Y Coan N Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Davis N Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D N 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 N Holt Y Horne Y Houston Y Howard, E 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 N Knight N Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox N Mangham N Manning N Marin Y May Y McCall E McClinton N Meadows E Millar Y Mills Y Mitchell Morgan Y Morris Y Mosby Y Mosley N Mumford N Murphy, J Y Murphy, Q Y Neal Y Oliver N O'Neal Orrock Y Parham N Parrish Parsons Y Porter Y Powell Y Ralston Y Randall N Ray Y Reece, B Y Reece, S Y Reese N Rice Y Roberts Y Rogers Y Royal Y Rynders 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 N Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 133, nays 32. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1456. By Representatives Meadows of the 5th, Maxwell of the 17th, Smith of the 131st, Forster of the 3rd, Holt of the 112th 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 provide availability of an accident and sickness policy upon termination of dependent coverage based on the age of the dependent; to change requirements as to individual accident and sickness policies to insure certain dependent children of the insured up to and including age 25; to provide an exception for certain matters concerning renewability of individual accident and sickness policies; to provide for the MONDAY, MARCH 13, 2006 3215 Commissioner to promulgate rules and regulations; to require that certain group accident and sickness insurance policies insure certain dependent children of the insured up to and including age 25; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide availability of an accident and sickness policy upon termination of dependent coverage based on the age of the dependent; to change requirements as to individual accident and sickness policies to insure certain dependent children of the insured up to and including age 25; to provide an exception for certain matters concerning renewability of individual accident and sickness policies; to provide for the Commissioner to promulgate rules and regulations; to require that certain group accident and sickness insurance policies insure certain dependent children of the insured up to and including age 25; 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 (3) of subsection (a) of Code Section 33-29-2, relating to requirements as to individual accident and sickness insurance policies generally, and inserting a new paragraph 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, and 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 2. Said title is further amended by striking Code Section 33-29-9, relating to requirements as to references in policies to noncancelable nature or guaranteed renewability nature of 3216 JOURNAL OF THE HOUSE individual accident and sickness insurance, and inserting in its place a new Code section to read as follows: "33-29-9. (a) No policy of accident or sickness insurance shall refer to its noncancelable nature without at the same time disclosing all options the insurer may have in regard to renewability; and the guaranteed renewable nature of any such policy shall not be referred to unless the reference at the same time discloses the qualifications on the guarantee of renewability, including any age limits, any right to change premium rates by class, any aggregate provisions, and any other limitations on the right to renewal in a manner which shall not minimize or render obscure the qualifying conditions. (b) An insurer operating in the major medical or comprehensive, guaranteed renewable business in the State of Georgia shall permit an insured to change his or her major medical or comprehensive coverage, upon election at any renewal, to a comparable product currently offered by that insurer or a product currently offered by that insurer with more limited product benefits; to a product with higher deductibles; or to modify his or her existing coverage to elect any optional higher deductibles under that policy. If such product, benefit, or deductible change is elected by the insured during the 60 day required period after notice of renewal premium increase but before renewal date, such insured shall not be subject to any new preexisting conditions exclusion that did not apply to his or her original coverage. (c) The Commissioner shall adopt such rules and regulations as he or she deems necessary for the administration of this Code section." SECTION 3. Said title is further amended by adding a new Code Section 33-29-21.1 to read as follows: "33-29-21.1. Every policy which contains a provision for termination of coverage of a dependent upon the reaching of a certain age shall contain a provision to the effect that, upon the date of the dependent reaching the age at which coverage would terminate under the provisions of the policy, the dependent shall be entitled to have issued to him or her, without evidence of insurability, upon application made to the company within 31 days following the date the dependent reaches the age at which coverage would terminate and upon the payment of the appropriate premium, an individual or family policy of accident and sickness insurance then being issued by the insurer which provides coverage most nearly similar to the coverage contained in the policy which was terminated by reason of dependent reaching a certain age or any similar individual or family policy then being issued by the insurer which contains lesser coverage. Any and all probationary or waiting periods set forth in such an individual or family policy shall be considered as being met to the extent coverage was in force under the prior policy." SECTION 4. Said title is further amended by striking paragraph (4) of Code Section 33-30-4, relating MONDAY, MARCH 13, 2006 3217 to required provisions for group accident and sickness insurance generally, and inserting in its place a new paragraph to read as follows: "(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, and 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 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 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 Carter Y Crawford Y Cummings N Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 E Lane, R Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 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 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 3218 JOURNAL OF THE HOUSE 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 Y Heckstall Y Hembree Y Henson Y Hill, C Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. HB 1460. By Representatives Hill of the 180th, Lane of the 158th, Parrish of the 156th, Warren of the 122nd and Reese of the 98th: 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 extensively revise various provisions relative to shrimp and shrimping; to change certain provisions relating to definitions relative to game and fish generally; to repeal certain provisions relating to size and construction requirements of cast nets; to change certain provisions relating to lawful methods of fishing generally; to change certain provisions relating to lawful gear generally; to change certain provisions relating to required records; to change certain provisions relating to taking of shrimp for noncommercial purposes generally; to change certain provisions relating to limit on amount of shrimp taken by cast net and penalty for violation; to change certain provisions relating to lawful nets; to repeal conflicting laws; and for other purposes. The following Committee substitute 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 extensively revise various provisions relative to shrimp and shrimping; to change certain provisions relating to definitions relative to game and fish generally; to repeal certain provisions relating to size and construction requirements of cast nets; to change certain provisions relating to lawful methods of fishing generally; to change certain MONDAY, MARCH 13, 2006 3219 provisions relating to lawful gear generally; to change certain provisions relating to required records; to change certain provisions relating to taking of shrimp for noncommercial purposes generally; to change certain provisions relating to limit on amount of shrimp taken by cast net and penalty for violation; to change certain provisions relating to lawful nets; to change certain provisions relating to maintenance of records by suppliers; to change certain provisions relating to taking of shrimp for recreational purposes, lawful nets and use of shrimp, and penalty for violation; to change certain provisions relating to penalties for using recreational food shrimp cast netting; to change certain provisions relating to sport bait shrimping; to change certain provisions relating to bait dealers; to change certain provisions relating to issuance of licenses, limits, and fees; 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 paragraph in Code Section 27-1-2, relating to definitions relative to game and fish generally, to read as follows: "(5.1) 'Bait shrimp cast net' means a cast net constructed of a minimum of threeeighths inch bar mesh with a radius not greater than eight feet. Such term shall include any cast net which exceeds such minimum mesh size." SECTION 2. Said title is further amended by striking paragraphs (10.1), (13.1), (59.1), (59.2), (59.3), and (59.4) of Code Section 27-1-2, relating to definitions relative to game and fish generally, and inserting in lieu thereof the following: "(10.1) 'Cast net' means a cone shaped net designed to be thrown and retrieved by hand and designed to spread out and capture fish and shrimp as the weighted circumference sinks to the bottom and comes together when pulled by a line." "(13.1) 'Commercial cast net' means a cast net constructed of a minimum of fiveeighths inch bar mesh and having a radius not more than 12 feet and in compliance with the provisions of Code Section 27-4-13." "(59.1) 'Recreational bait shrimp cast net' means a cast net constructed of a minimum of three-eighths inch mesh with a radius not greater than eight feet and in compliance with the provisions of Code Section 27-4-13. Such term shall include any cast net which exceeds such minimum mesh size Reserved." (59.2) 'Recreational bait shrimp cast netting' means taking shrimp for noncommercial use as bait by means of a bait shrimp cast net. (59.3) 'Recreational food shrimp cast net' means a cast net constructed of a minimum of one-half inch bar mesh with a radius not greater than eight feet and in compliance with the provisions of Code Section 27-4-13." SECTION 3. 3220 JOURNAL OF THE HOUSE Said title is further amended by repealing Code Section 27-4-13, relating to size and construction requirements of cast nets. SECTION 4. Said title is further amended in Code Section 27-4-112, relating to lawful methods of fishing generally, by adding a new subsection to read as follows: "(h) It shall be unlawful to engage in the taking of shrimp for commercial purposes at night as defined in paragraph (45) of Code Section 27-1-2." SECTION 5. Said title is further amended by striking paragraph (10) of Code Section 27-4-113, relating to lawful gear generally, and inserting in lieu thereof the following: "(10) Commercial cast nets as defined in Code Section 27-1-2 and in compliance with Code Section 27-4-13;" SECTION 6. Said title is further amended by striking subsection (b) of Code Section 27-4-118, relating to required records, and inserting in lieu thereof the following: "(b) Each person required to maintain records pursuant to the provisions of subsection (a) of this Code section shall report such information to the department, whose address for the purpose of reporting shall be the Coastal Resource Division headquarters, at such times and in such manner as the board provides by rule or regulation." SECTION 7. Said title is further amended by striking Code Section 27-4-132, relating to taking of shrimp for noncommercial purposes generally, and inserting in lieu thereof the following: "27-4-132. (a) Except as otherwise provided by law, it shall be unlawful to take shrimp for noncommercial purposes in the salt waters of the State of Georgia except by means of a recreational bait shrimp cast net or a recreational food shrimp cast net or by means of a beach seine of a length and mesh size authorized for use in salt waters by subsection (d) of Code Section 27-4-112. (b) It shall be unlawful to take shrimp for noncommercial food purposes in the salt waters of the state by any cast net other than a recreational food shrimp cast net or by means of a beach seine. Violation of the provisions of this subsection shall constitute a misdemeanor. (c) It shall be unlawful to take shrimp except at such times and places as the commissioner may establish. The commissioner is authorized to open or close any or a portion of the salt waters of this state to recreational food shrimp cast netting at any time between May 15 and the last day of February and to beach seines at anytime between May 15 and the last day of February." SECTION 8. MONDAY, MARCH 13, 2006 3221 Said title is further amended by striking subsection (a) of Code Section 27-4-132.1, relating to limit on amount of shrimp taken by cast net and penalty for violation, and inserting in lieu thereof the following: "(a)(1) No person or group of persons occupying the same boat taking shrimp by means of a recreational food shrimp cast net may take more than 48 quarts of shrimp with heads or 30 quarts of shrimp tails in any day. No such person or group of persons occupying the same vessel may possess at any time more than 48 quarts of shrimp with heads or 30 quarts of shrimp tails. (2) No person or group of persons occupying the same vessel in possession of a commercial shrimp cast netting license taking shrimp by means of a commercial cast net may take in any day or possess at any time more than 60 150 quarts of shrimp with heads or 38 95 quarts of shrimp tails; provided, however, that beginning December 1 until the close of each food shrimp season, possession at any time shall be limited to 75 quarts of shrimp with heads or 48 quarts of shrimp tails in any day taken by such commercial cast net or a combination of a commercial cast net and a seine. (3) No group of persons occupying the same boat, one or more of whom is in possession of a commercial cast netting license and who are taking shrimp by means of a commercial cast net may take more than 60 150 quarts of shrimp with heads or 38 95 quarts of shrimp tails taken by such commercial cast net or a combination of a commercial cast net and a seine in any day; provided, however, that beginning December 1 until the close of each shrimp season, possession shall be limited to 75 quarts of shrimp with heads or 48 quarts of shrimp tails in any day. No such group of persons occupying the same vessel may possess at any time more than 60 150 quarts of shrimp with heads or 38 95 quarts of shrimp tails through November 30, after which no such group of persons occupying the same vessel may possess at any time more than 75 quarts of shrimp with heads or 48 quarts of shrimp tails. (4) No one person taking shrimp solely by means of a seine, whether such person is acting alone or in a group of persons, may take more than 24 quarts of shrimp with heads or 15 quarts of shrimp tails taken by such seine in any day. No such person may possess at any time more than 24 quarts of shrimp with heads or 15 quarts of shrimp tails. (5) No person or group of persons engaged in the harvest of food shrimp for commercial purposes shall have on board a vessel more than one type of cast net gear, and such person or group of persons shall be limited to the harvest limit allowable for the type of cast net gear on board. (6) If any person or group of persons are in possession of a cast net and a seine, such person or group of persons shall be subject to the limits imposed upon taking shrimp by cast net. (7) No vessel owner shall allow the vessel to be used by any person or persons to take more than 48 quarts of shrimp with heads or 30 quarts of shrimp tails the legal quantity allowable in any day regardless of the number of trips made or the duration of any trip by such vessel. It shall be unlawful for any vessel owner or operator to 3222 JOURNAL OF THE HOUSE allow a vessel to be left anchored and unoccupied for the purpose of receiving shrimp taken by the occupant of any other vessel." SECTION 9. Said title is further amended by striking subsections (a.1), (b), and (c) of Code Section 27-4-133, relating to lawful nets, opening and closing waters, and identification on boats taking shrimp, and inserting in lieu thereof the following: "(a.1)(1) It shall be unlawful to trawl for shrimp for human consumption with any trawl or trawls having a total foot-rope length greater than 220 feet, not including the foot-rope length of a single trawl not greater than 16 feet when used as a try net. Foot-rope shall be measured from brail line to brail line, first tie to last tie on the bottom line. The provisions of this subsection shall not apply to vessels having a maximum draft of seven feet or less when fully loaded. The department is authorized to exempt trawls used by persons holding a valid scientific collection permit granted by the department. (2) A vessel operator who violates the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $500.00 nor more than $2,500.00 or imprisoned for not longer than 30 days or both, and any trawl on board the vessel shall be contraband and may be seized. (b) It shall be unlawful to use a power-drawn net in any of the salt waters of this state except between the hours of 5:00 A.M. eastern standard time and 8:00 P.M. eastern standard time. It shall also be unlawful to use a power-drawn net in any sound between the hours of 8:00 P.M. eastern standard time on Saturday and 5:00 A.M. eastern standard time on Monday Reserved. (c)(1) Except as otherwise specifically provided, it shall be unlawful to fish with nets other than cast nets in any of the tidal rivers or creeks, except to fish for shad or sturgeon, provided that nothing contained in this Code section shall be construed so as to prohibit any person from using a beach seine along any public beach. (2) It shall be unlawful to fish for shrimp in the salt waters of the state by means of a seine or a cast net other than a bait shrimp cast net except at such times and places as the commissioner may establish. The commissioner is authorized to open or close for such purpose commercial food shrimp purposes any or a portion of the salt waters of this state at any time between May 15 and the last day of February, provided that the commissioner has determined that such action in opening or closing said salt waters is in accordance with current, sound principles of wildlife research and management." SECTION 10. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 27-4-136, relating to maintenance of records by suppliers, and inserting in lieu thereof the following: "(2) Each person required to maintain records pursuant to paragraph (1) of this subsection shall report such information to the department, whose address for the MONDAY, MARCH 13, 2006 3223 purpose of reporting shall be the Coastal Resource Division headquarters, at such times and in such manner as the board provides by rule or regulation." SECTION 11. Said title is further amended by striking subsection (a) of Code Section 27-4-139, relating to taking of shrimp for recreational purposes, lawful nets and use of shrimp, and penalty for violation, and inserting in lieu thereof the following: "(a) It shall be unlawful for any person engaged in recreational food shrimp cast netting to use any cast net other than a recreational food shrimp cast net as such term is defined in Code Section 27-1-2 and which is in compliance with Code Section 27-413." SECTION 12. Said title is further amended by striking subsections (a) and (d) of Code Section 27-4140, relating to penalties for using recreational food shrimp cast netting, and inserting in lieu thereof the following: "(a) Any enforcement officer or other law enforcement officer who discovers an illegal cast net being used on the waters of this state shall confiscate the net, which shall be forfeited." "(d) Any person convicted of illegally taking shrimp from the waters of this state for commercial sale for food purposes shall be guilty of a misdemeanor. Possession of a commercial cast net shrimp in excess of the noncommercial food shrimp possession limit allowed pursuant to Code Section 27-4-132.1 shall be prima-facie evidence of the intent of the person or persons so in possession to take shrimp for commercial purposes." SECTION 13. Said title is further amended by striking subsections (a) and (c) of Code Section 27-4170, relating to sport bait shrimping, and inserting in lieu thereof the following: "(a) Any provision of this title to the contrary notwithstanding, any person who has a recreational fishing license may use a power-drawn net in accordance with this Code section, such net not to be larger than a ten-foot net as defined in paragraph (71.1) of Code Section 27-1-2 and to be constructed of mesh not smaller than one inch when stretched, for the purpose of taking shrimp to be used for live bait in this state, provided that the shrimp are not to be sold. In addition to the general provisions of this Code section, the Board of Natural Resources is authorized to promulgate rules and regulations establishing the gear and methods allowed for sport bait shrimping. It shall be unlawful to engage in the taking of shrimp to be so used at any time except between the hours of one-half hour before official sunrise and one-half hour after official sunset at night. It shall also be unlawful to engage in the taking of shrimp pursuant to this Code section except in those rivers or creeks or portions thereof opened to such taking. The determination of whether to open or close a river or creek or portion thereof shall be made by the commissioner or his or her designee in 3224 JOURNAL OF THE HOUSE accordance with current, sound principles of wildlife research and management as provided in Code Section 27-4-130. No person taking shrimp under this subsection shall possess more than two quarts of bait shrimp at any time, no more than one-half pint of which may be dead; but any such person may take a maximum of four quarts of bait shrimp during any 24 hour period. When two or more persons taking shrimp under this subsection occupy the same boat, at least one such person must have a recreational fishing license; and there may be no more than four quarts of bait shrimp on board the boat at any time, no more than one pint of which may be dead; but the persons occupying the boat may take a maximum of eight quarts of bait shrimp during any 24 hour period. Possessing or taking more than the limits prescribed in this subsection shall be unlawful. Possessing more than these limits shall be prima-facie evidence that the shrimp were taken for some purpose other than to be used as live bait." "(c)(1) It shall be unlawful for any person engaged in recreational bait shrimp cast netting to use any cast net other than a recreational bait shrimp cast net as such term is defined in Code Section 27-1-2 and in compliance with Code Section 27-4-13. (2) The salt waters of the state shall be open to recreational bait shrimp cast netting at any time of the year; provided, however, that when recreational cast net food shrimp season is closed, any person taking shrimp under this paragraph shall possess no more than two quarts of bait shrimp at any time, all of which may be dead; and provided, further, that any such person may take a maximum of four quarts of bait shrimp during any day. When two or more persons taking shrimp under this subsection occupy the same boat, there may be no more than four quarts of bait shrimp on board the boat at any time, all of which may be dead; and the persons occupying the boat may together take a maximum of eight quarts of bait shrimp during any day." SECTION 14. Said title is further amended by striking paragraphs (1) and (5) of subsection (a) of Code Section 27-4-171, relating to bait dealers, and inserting in lieu thereof the following: "(a)(1) It shall be unlawful for any person to engage in the taking of shrimp for live bait to be sold, to engage in the sale of shrimp for live bait, or to engage in the sale of shrimp for dead bait unless the person has a bait dealer license and possesses a valid personal commercial fishing license as provided in Code Section 27-2-23 or is an employee of a licensed bait dealer and possesses a valid personal commercial fishing license as provided in Code Section 27-2-23. No bait dealer license shall be issued to a person holding a commercial food shrimp cast netting license issued pursuant to Part 5 of this article. Any license issued pursuant to this Code section shall be invalid immediately upon the holder's obtaining such a commercial food shrimp cast netting license. No bait dealer license shall be issued for an individual whose establishment is located on any dock or other facility, including platforms, walkways, and buildings, which is one contiguous unit and where shrimp taken pursuant to Code Section 27-4133 are unloaded, handled, processed, stored, or sold for retail purposes, or otherwise distributed or where boat docking space is provided for such activities; provided, MONDAY, MARCH 13, 2006 3225 however, that such prohibition shall not apply to any person who was granted a bait dealer license for the period from April 1, 1993, through March 31, 1994, and whose bait dealer license was not revoked and provided, further, that such exemption shall terminate immediately if the person's current bait dealer license is revoked by the commissioner or if he or she is found guilty of a violation of the provisions of this Code section." "(5) It shall be unlawful for any person engaging in the taking of shrimp for live bait pursuant to this Code section to: (A) Use any power-drawn net which is larger than a 20 foot net as defined in paragraph (72.1) of Code Section 27-1-2 or constructed of mesh smaller than one inch or greater than one and three-eighths inches when stretched or to use any cast net other than a bait shrimp cast net as defined in paragraph (5.1) of Code Section 27-1-2; (B) Engage in the taking of shrimp pursuant to this Code section at any time except between the hours of one-half hour before official sunrise and one-half hour after official sunset at night. All salt waters of this state shall be closed to the taking of shrimp pursuant to this Code section, except those rivers or creeks or portions thereof opened to such taking. The determination of whether to open or close a river or creek or portion thereof shall be made by the commissioner or his or her designee in accordance with current, sound principles of wildlife research and management as provided by Code Section 27-4-130; (C) Have on board the boat used for the taking more than 50 quarts of shrimp at any one time, no more than 10 percent of which may be dead; (D) Fail to maintain on the commercial fishing boat bait-holding facilities which comply with the requirements set forth in subsection (b) of this Code section, except that it shall not be necessary for the boat to meet the requirements of paragraph (5) of subsection (b) of this Code section; or (E) Hold a valid commercial food shrimp cast netting license issued pursuant to Part 5 of this article or to employ any person holding such a commercial food shrimp cast netting license." SECTION 15. Said title is further amended by striking subsection (c) of Code Section 27-4-206, relating to issuance of licenses, limits, and fees, and inserting in lieu thereof the following: "(c) If the number of licenses issued pursuant to subsection (b) of this Code section does not total 200, the department may issue the remaining allotment of commercial food shrimp cast netting licenses in the initial or any subsequent license year by lottery devised and operated by the department. After such lottery has been conducted, any remaining unissued licenses may be issued via a method devised and operated by the department." SECTION 16. All laws and parts of laws in conflict with this Act are repealed. 3226 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: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister N Burns N Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan N Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis N Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes N Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J N 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 Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 N Knox N Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin N Martin Y Maxwell May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall N Ray Y Reece, B Y Reece, S Y Reese N Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R N Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson N 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 151, nays 15. 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. MONDAY, MARCH 13, 2006 3227 HB 654. By Representatives Reese of the 98th, Coan of the 101st, Maddox of the 172nd and Benfield of the 85th: A BILL to be entitled an Act to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicles and traffic, so as to provide for additional definitions relative to all-terrain vehicles; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicles and traffic, so as to provide for additional definitions relative to all-terrain vehicles; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicles and traffic, is amended by adding new paragraphs (8.1) and (8.2) to read as follows: "(8.1) 'Class I all-terrain vehicle' means a motorized, off-highway recreational vehicle 50 inches or less in width with a dry weight of 1,000 pounds or less that travels on three or more low-pressure tires, has a saddle or seat for the operator, and is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain. (8.2) 'Class II all-terrain vehicle' means any motor vehicle that: (A) Weighs more than a class I all-terrain vehicle and less than 8,000 pounds; (B) Is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain; and (C) Is actually being operated off a highway." 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: 3228 JOURNAL OF THE HOUSE 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 Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson E 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 E 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 E Millar 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 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 E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 848. By Representatives Butler of the 18th, Maxwell of the 17th, England of the 108th, Roberts of the 154th and Stephens of the 164th: 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 MONDAY, MARCH 13, 2006 3229 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. 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 E Anderson N Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague N 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 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 Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Drenner N Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley N Jackson Y Jacobs Y James Y Jamieson E 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 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 E Warren Y Watson Y Wilkinson Willard Y Williams, A N Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 143, nays 18. The Bill, having received the requisite constitutional majority, was passed. 3230 JOURNAL OF THE HOUSE Representative Smith of the 113th 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 710. By Representatives Jenkins of the 8th, Bridges of the 10th, Ralston of the 7th, Roberts of the 154th, Bearden of the 68th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for motor vehicles, so as to provide for special license plates identifying persons with diabetes; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 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 prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates promoting beneficial projects and supporting worthy agencies, funds, or nonprofit corporations, as determined by the General Assembly; to provide for issuance, renewal, fees, licensing agreements, applications, intent to appropriate revenue, audits, and transfers relative to such special 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 prestige license plates and special plates for certain persons and vehicles, is amended by adding a new Code section to read as follows: "40-2-86.19. (a) The General Assembly has determined that the issuance of special license plates to support an agency or fund or a program beneficial to the people of this state that is administered by a nonprofit corporation organized under Section 501(c)(3) of Title 26 of the Internal Revenue Code and, subject to the appropriation process of the General Assembly, appropriating a portion of the funds raised from the sale of these special license plates is in the best interests of the people of this state. Therefore, the license plates listed in subsection (l) of this Code section shall be issued by the department beginning on January 1, 2007, if all of the requirements of subsections (b) through (k) of this Code section have been satisfied. MONDAY, MARCH 13, 2006 3231 (b) The commissioner, in cooperation with the agency, fund, or nonprofit corporation sponsoring the special license plate, shall design special distinctive license plates intended to promote the program benefited by the sale of the special license plate. The special 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. The agency, fund, or nonprofit corporation sponsoring the license plate 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 provisions of subsection (b) of this Code section, no special license plate shall be produced 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 produce the special license plate. The design of the initial edition of any special license plate, 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 on January 1, 2007, 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 able to apply for a special license plate listed in subsection (l) of this Code section. Revalidation decals shall be issued for special license plates in the same manner as provided for general issue license plates. (e) The manufacturing fee derived from the sale of special license plates shall be deposited into the general fund. The sponsoring agency, fund, or nonprofit corporation, subject to the appropriation process of the General Assembly, may request that the funds derived from the sale of special license plates be appropriated to the department for disbursement to such agency, fund, or nonprofit corporation. (f) Before the department disburses to the agency, fund, or nonprofit corporation funds from the sale of special license plates, the agency, fund, or nonprofit corporation must provide a written statement stating the manner in which such funds shall be utilized. In addition, a nonprofit corporation must provide the department with documentation of its nonprofit status under Section 501(c)(3) of Title 26 of the Internal Revenue Code. The purposes for which the funds shall be utilized must be the same as those specified in subsection (l) of this Code section authorizing the potential appropriation to the agency, fund, or nonprofit corporation of revenue from the sale of special license plates. The 3232 JOURNAL OF THE HOUSE agency, fund, or nonprofit corporation shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. If it is determined that the funds are not being used for the purposes set forth in the statement provided by the agency, fund, or nonprofit corporation, the department shall withhold payment of such funds until such noncompliance issues are resolved. (g) An applicant may request a special license plate any time during the applicant's registration period. If such a license plate is to replace a current valid license plate, the special license plate shall be issued with appropriate decals attached. (h) No special license plate authorized pursuant to subsection (l) of 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, 2007, 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. (i) 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 provided for 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 provided for in subsection (b) of Code Section 40-2-31, the sponsoring agency, fund, or nonprofit corporation shall be required again to obtain 1,000 applications accompanied by the manufacturing fee to continue to manufacture the special license plate. (j) Special license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (k) Special license plates shall be issued within 30 days of application once the requirements of this Code section have been met. (l)(1) The General Assembly has determined that license plates promoting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated and the revenue shall be deposited in the general fund, subject to the appropriation process of the General Assembly. (2) A special license plate identifying persons with diabetes. The main purpose of the special license plate is that law enforcement officers and emergency personnel will be alerted to the potential for special needs before they approach the driver of a vehicle, especially if the vehicle has been involved in an accident. The funds raised by the sale of this special license plate shall be deposited in the general fund. (3) A special license plate honoring all veterans who have served in the armed services of the United States. All of these men and women have sacrificed a portion MONDAY, MARCH 13, 2006 3233 of their lives in order to serve their country and protect our freedom. The funds raised by the sale of this special license plate shall be deposited in the general fund. (4) A special license plate honoring the Georgia Association of Realtors. The Association is being honored for its long-standing support of housing opportunities for all citizens of this state, private property rights, and all organizations that assist people in achieving the American dream of home ownership. The funds raised by the sale of this special license plate shall be deposited in the general fund." SECTION 2. This Act shall become effective on July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown 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 Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson E 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Martin Y Maxwell Y May McCall E McClinton Y Meadows E Millar 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 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 Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Willard 3234 JOURNAL OF THE HOUSE Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Lucas Lunsford Y Maddox Y Mangham Y Manning Marin 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 162, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1359. By Representatives Forster of the 3rd, Meadows of the 5th, Knox of the 24th and Harbin of the 118th: 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 Assignment Pool Underwriting Authority; to provide alternative mechanism coverage for the availability of individual health insurance; to provide definitions; to provide for an assignment pool underwriting board; to provide for powers, duties, and authority of the board; to provide for the selection of an administrator or administrators; to provide for the duties of the Commissioner of Insurance with respect to the board and assignment pool; to provide for the establishment of rates; to provide for eligibility for and termination of coverage; to provide for minimum assignment pool benefits; to provide for certain exclusions for preexisting conditions; to provide for funding; to provide for applicability; to provide for related matters; to repeal the Georgia High Risk Health Insurance Plan; to provide effective dates; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to create the Georgia Assignment Pool Underwriting Authority; to provide alternative mechanism coverage for the availability of individual health insurance; to provide definitions; to provide for an assignment pool underwriting board; to provide for powers, duties, and authority of the board; to provide for the selection of an administrator or administrators; to provide for the duties of the Commissioner of Insurance with respect to the board and assignment pool; to provide for the establishment of rates; to provide for eligibility for and termination of coverage; to provide for minimum assignment pool benefits; to provide for certain exclusions for preexisting conditions; to provide for MONDAY, MARCH 13, 2006 3235 funding; to provide for assessments under certain circumstances; to provide for complaint procedures; to provide for audits; to provide for certain reports; to provide for applicability; to provide for related matters; to repeal the Georgia High Risk Health Insurance Plan; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subparagraph (b)(15)(D) of Code Section 33-6-4, relating to the enumeration of unfair methods of competition and unfair or deceptive acts or practices, and inserting in lieu thereof a new subparagraph (b)(15)(D) to read as follows: "(D) It is unfairly discriminatory to terminate group coverage for a subject of family violence dependent because coverage was originally issued in the name of the perpetrator of the family violence insured and the perpetrator insured has divorced, separated from, or lost custody of the subject of family violence, or the perpetrator's dependent and the insured's coverage has terminated voluntarily or involuntarily. If termination results from an act or omission of the perpetrator insured, the subject of family violence dependent shall be deemed a qualifying eligible individual under Code Section 33-24-21.1 or 33-29A-2 and may obtain continuation and conversion of such coverages alternative mechanism coverage for the availability of individual health insurance coverage, as contemplated by Section 2741 of the federal Public Health Service Act, 42 U.S.C. Section 300gg-41, notwithstanding the act or omission of the perpetrator. A person may request and receive family violence information to implement the continuation and conversion of coverages under this subparagraph insured." SECTION 2. Said title is further amended by striking Code Section 33-24-21.1, relating to group accident and sickness contracts, and inserting in lieu thereof a new Code Section 33-2421.1 to read as follows: "33-24-21.1. (a) As used in this Code section, the term: (1) 'Creditable coverage' under another health benefit plan means medical expense coverage with no greater than a 90 day gap in coverage under any of the following: (A) Medicare or Medicaid; (B) An employer based accident and sickness insurance or health benefit arrangement; (C) An individual accident and sickness insurance policy, including coverage issued by a health maintenance organization, nonprofit hospital or nonprofit medical service corporation, health care corporation, or fraternal benefit society; 3236 JOURNAL OF THE HOUSE (D) A spouse's benefits or coverage under medicare or Medicaid or an employer based health insurance or health benefit arrangement; (E) A conversion policy; (F) A franchise policy issued on an individual basis to a member of a true association as defined in subsection (b) of Code Section 33-30-1; (G) A health plan formed pursuant to 10 U.S.C. Chapter 55; (H) A health plan provided through the Indian Health Service or a tribal organization program or both; (I) A state health benefits risk pool; (J) A health plan formed pursuant to 5 U.S.C. Chapter 89; (K) A public health plan; or (L) A Peace Corps Act health benefit plan. (2) 'Eligible dependent' means a person who is entitled to medical benefits coverage under a group contract or group plan by reason of such person's dependency on or relationship to a group member. (3) 'Group contract or group plan' is synonymous with the term 'contract or plan' and means: (A) A group contract of the type issued by a nonprofit medical service corporation established under Chapter 18 of this title; (B) A group contract of the type issued by a nonprofit hospital service corporation established under Chapter 19 of this title; (C) A group contract of the type issued by a health care plan established under Chapter 20 of this title; (D) A group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; or (E) A group accident and sickness insurance policy or contract, as defined in Chapter 30 of this title. (4) 'Group member' means a person who has been a member of the group for at least six months and who is entitled to medical benefits coverage under a group contract or group plan and who is an insured, certificate holder, or subscriber under the contract or plan. (5) 'Insurer' means an insurance company, health care corporation, nonprofit hospital service corporation, medical service nonprofit corporation, health care plan, or health maintenance organization. (6) 'Qualifying eligible individual' means: (A) A Georgia domiciliary, for whom, as of the date on which the individual seeks coverage under this Code section, the aggregate of the periods of creditable coverage is 18 months or more; and (B) Who is not eligible for coverage under any of the following: (i) A group health plan, including continuation rights under this Code section or the federal Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA); (ii) Part A or Part B of Title XVIII of the federal Social Security Act; or MONDAY, MARCH 13, 2006 3237 (iii) The state plan under Title XIX of the federal Social Security Act or any successor program. (b) Each group contract or group plan delivered or issued for delivery in this state, other than a group accident and sickness insurance policy, contract, or plan issued in connection with an extension of credit, which provides hospital, surgical, or major medical coverage, or any combination of these coverages, on an expense incurred or service basis, excluding contracts and plans which provide benefits for specific diseases or accidental injuries only, shall provide that members and qualifying eligible individuals whose insurance under the group contract or plan would otherwise terminate shall be entitled to continue their hospital, surgical, and major medical insurance coverage under that group contract or plan for themselves and their eligible dependents. (c) Any group member or qualifying eligible individual whose coverage has been terminated and who has been continuously covered under the group contract or group plan, and under any contract or plan providing similar benefits which it replaces, for at least six months immediately prior to such termination, shall be entitled to have his or her coverage and the coverage of his or her eligible dependents continued under the contract or plan. Such coverage must continue for the fractional policy month remaining, if any, at termination plus three additional policy months upon payment of the premium by cash, certified check, or money order, at the option of the employer, to the policyholder or employer, at the same rate for active group members set forth in the contract or plan, on a monthly basis in advance as such premium becomes due during this coverage period. Such premium payment must include any portion of the premium paid by a former employer or other person if such employer or other person no longer contributes premium payments for this coverage. At the end of such period, the group member shall have the same conversion rights that were available on the date of termination of coverage in accordance with the conversion privileges contained in the group contract or group plan. (d)(1) A group member shall not be entitled to have coverage continued if: (A) termination of coverage occurred because the employment of the group member was terminated for cause; (B) termination of coverage occurred because the group member failed to pay any required contribution; or (C) any discontinued group coverage is immediately replaced by similar group coverage including coverage under a health benefits plan as defined in the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq.; or (D) Further, a group member shall not be entitled to have coverage continued if the group contract or group plan was terminated in its entirety or was terminated with respect to a class to which the group member belonged. This subsection shall not affect conversion rights available to a qualifying eligible individual under any contract or plan. (2) A qualifying eligible individual shall not be entitled to have coverage continued if the most recent creditable coverage within the coverage period was terminated based on one of the following factors: (A) failure of the qualifying eligible individual to pay premiums or contributions in accordance with the terms of the health insurance 3238 JOURNAL OF THE HOUSE coverage or failure of the issuer to receive timely premium payments; (B) the qualifying eligible individual has performed an act or practice that constitutes fraud or made an intentional misrepresentation of material fact under the terms of coverage; or (C) any discontinued group coverage is immediately replaced by similar group coverage including coverage under a health benefits plan as defined in the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. This subsection shall not affect conversion rights available to a group member under any contract or plan. (e) If the group contract or group plan terminates while any group member or qualifying eligible individual is covered or whose coverage is being continued, the group administrator, as prescribed by the insurer, must notify each such group member or qualifying eligible individual that he or she must exercise his or her conversion rights and rights to alternative mechanism coverage for the availability of individual health insurance coverage, as contemplated by Section 2741 of the federal Public Health Service Act, 42 U.S.C. Section 300gg-41, within: (1) Thirty days of such notice for group members who are not qualifying eligible individuals; or (2) Sixty-three days of such notice for qualifying eligible individuals. (f) Every group contract or group plan, other than a group accident and sickness insurance policy, contract, or plan issued in connection with an extension of credit, which provides hospital, surgical, or major medical expense insurance, or any combination of these coverages, on an expense incurred or service basis, excluding policies which provide benefits for specific diseases or for accidental injuries only, shall contain a conversion privilege provision. (g) Eligibility for the converted policies or contracts shall be as follows: (1) Any qualifying eligible individual whose insurance and its corresponding eligibility under the group policy, including any continuation available, elected, and exhausted under this Code section or the federal Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), has been terminated for any reason, including failure of the employer to pay premiums to the insurer, other than fraud or failure of the qualifying eligible individual to pay a required premium contribution to the employer or, if so required, to the insurer directly and who has at least 18 months of creditable coverage immediately prior to termination shall be entitled, without evidence of insurability, to convert to individual or group based coverage covering such qualifying eligible individual and any eligible dependents who were covered under the qualifying eligible individual's coverage under the group contract or group plan. Such conversion coverage must be, at the option of the individual, retroactive to the date of termination of the group coverage or the date on which continuation or COBRA coverage ended, whichever is later. The insurer must offer qualifying eligible individuals at least two distinct conversion options from which to choose. One such choice of coverage shall be comparable to comprehensive health insurance coverage offered in the individual market in this state or comparable to a standard option of coverage available under the group or individual health insurance laws of MONDAY, MARCH 13, 2006 3239 this state. The other choice may be more limited in nature but must also qualify as creditable coverage. Each coverage shall be filed, together with applicable rates, for approval by the Commissioner. Such choices shall be known as the 'Enhanced Conversion Options'; (2) Premiums for the enhanced conversion options for all qualifying eligible individuals shall be determined in accordance with the following provisions: (A) Solely for purposes of this subsection, the claims experience produced by all groups covered under comprehensive major medical or hospitalization accident and sickness insurance for each insurer shall be fully pooled to determine the group pool rate. Except to the extent that the claims experience of an individual group affects the overall experience of the group pool, the claims experience produced by any individual group of each insurer shall not be used in any manner for enhanced conversion policy rating purposes; (B) Each insurer's group pool shall consist of each insurer's total claims experience produced by all groups in this state, regardless of the marketing mechanism or distribution system utilized in the sale of the group insurance from which the qualifying eligible individual is converting. The pool shall include the experience generated under any medical expense insurance coverage offered under separate group contracts and contracts issued to trusts, multiple employer trusts, or association groups or trusts, including trusts or arrangements providing group or group-type coverage issued to a trust or association or to any other group policyholder where such group or group-type contract provides coverage, primarily or incidentally, through contracts issued or issued for delivery in this state or provided by solicitation and sale to Georgia residents through an out-of-state multiple employer trust or arrangement; and any other group-type coverage which is determined to be a group shall also be included in the pool for enhanced conversion policy rating purposes; and (C) Any other factors deemed relevant by the Commissioner may be considered in determination of each enhanced conversion policy pool rate so long as it does not have the effect of lessening the risk-spreading characteristic of the pooling requirement. Duration since issue and tier factors may not be considered in conversion policy rating. Notwithstanding subparagraph (A) of this paragraph, the total premium calculated for all enhanced conversion policies may deviate from the group pool rate by not more than plus or minus 50 percent based upon the experience generated under the pool of enhanced conversion policies so long as rates do not deviate for similarly situated individuals covered through the pool of enhanced conversion policies; (3) Any group member who is not a qualifying eligible individual and whose insurance under the group policy has been terminated for any reason, including failure of the employer to pay premiums to the insurer, other than eligibility for medicare (reaching a limiting age for coverage under the group policy) or failure of the group member to pay a required premium contribution, and who has been continuously covered under the group contract or group plan, and under any contract or plan 3240 JOURNAL OF THE HOUSE providing similar benefits which it replaces, for at least six months immediately prior to termination shall be entitled, without evidence of insurability, to convert to individual or group coverage covering such group member and any eligible dependents who were covered under the group member's coverage under the group contract or group plan. Such conversion coverage must be, at the option of the individual, retroactive to the date of termination of the group coverage or the date on which continuation or COBRA coverage ended, whichever is later. The premium of the basic converted policy shall be determined in accordance with the insurer's table of premium rates applicable to the age and classification of risks of each person to be covered under that policy and to the type and amount of coverage provided. This form of conversion coverage shall be known as the 'Basic Conversion Option'; and (4)(2) Nothing in this Code section shall be construed to prevent an insurer from offering additional options to qualifying eligible individuals or group members. (h) Each group certificate issued to each group member or qualifying eligible individual, in addition to setting forth any conversion rights, shall set forth the continuation right in a separate provision bearing its own caption. The provisions shall clearly set forth a full description of the continuation and conversion rights available, including all requirements, limitations, and exceptions, the premium required, and the time of payment of all premiums due during the period of continuation or conversion. (i) This Code section shall not apply to limited benefit insurance policies. For the purposes of this Code section, the term 'limited benefit insurance' means accident and sickness insurance designed, advertised, and marketed to supplement major medical insurance. The term limited benefit insurance includes accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and any other accident and sickness insurance other than basic hospital expense, basic medical-surgical expense, and comprehensive major medical insurance coverage. (j) The Commissioner shall adopt such rules and regulations as he or she deems necessary for the administration of this Code section. Such rules and regulations may prescribe various conversion plans, including minimum conversion standards and minimum benefits, but not requiring benefits in excess of those provided under the group contract or group plan from which conversion is made, scope of coverage, preexisting limitations, optional coverages, reductions, notices to covered persons, and such other requirements as the Commissioner deems necessary for the protection of the citizens of this state. (k) This Code section shall apply to all group plans and group contracts delivered or issued for delivery in this state on or after July 1, 1998, and to group plans and group contracts then in effect on the first anniversary date occurring on or after July 1, 1998." SECTION 3. Said title is further amended by striking Chapter 29A, relating to individual health insurance coverage availability and assignment systems, and inserting a new Chapter 29A to read as follows: MONDAY, MARCH 13, 2006 3241 "CHAPTER 29A 33-29A-1. (a) It is the intention of this chapter to provide an acceptable alternative mechanism for the availability of individual health insurance coverage, as contemplated by Section 2741 of the federal Public Health Service Act, 42 U.S.C. Section 300gg-41. This chapter shall be construed and administered so as to accomplish such intention. (b) Any reference in this chapter to any federal statute shall refer to that federal statute as it existed on January 1, 1997, including its amendment by the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191. 33-29A-2. (a) As used in this chapter, the term: (1) 'Administrator' as used in this chapter shall have the same meaning as the term 'administrator' as defined in Code Section 33-23-100. (2) 'Assignment pool' means the assignment pool administered by the Georgia Assignment Pool Underwriting Authority. (3) 'Assignment pool coverage' means coverage offered by plan administrators on behalf of the assignment pool to eligible persons. (4) 'Board' means the board of directors of the Georgia Assignment Pool Underwriting Authority created under this chapter. (5) 'Commissioner' means the Commissioner of Insurance. (6) 'Covered person' means any individual resident of this state, excluding dependents, who is eligible to receive benefits from any insurer. (7) 'Creditable coverage' and 'eligible individual' have the same meaning as specified in Sections 270l and 2741 of the federal Public Health Service Act, 42 U.S.C. Sections 300gg and 300gg-41. (8) 'Department' means the Georgia Department of Insurance. (9) 'Dependent' shall have the same meaning as provided in subparagraph (3) of subsection (a) of Code Section 33-29-2 or paragraph (4) of Code Section 33-30-4. (10) 'Family member' means a parent, grandparent, brother, or sister, whether such relationship is established by birth or by law. (11) 'Health insurance' means any hospital or medical expense incurred policy, nonprofit health care services plan contract, health maintenance organization, subscriber contract, or any other health care plan or insurance arrangement that pays for or furnishes medical or health care services, whether by insurance or otherwise, when sold to an individual or as a group policy. This term does not include limited benefit insurance policies. For the purposes of this Code section, the term 'limited benefit insurance' means accident and sickness insurance designed, advertised, and marketed to supplement major medical insurance. The term 'limited benefit insurance' includes accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, limited benefit, or credit insurance; coverage issued as a supplement to liability 3242 JOURNAL OF THE HOUSE insurance; insurance arising out of a workers compensation or similar law; automobile medical-payment insurance; or insurance under which benefits are payable with or without regard to fault and which is statutorily required to be contained in any liability insurance policy or equivalent self-insurance, and includes any other accident and sickness insurance other than basic hospital expense, basic medical-surgical expense, and comprehensive major medical insurance coverage. (12) 'Health insurance issuer' and 'health maintenance organization' have the same meaning as specified in Section 2791 of the federal Public Health Service Act, 42 U.S.C. Section 300gg-92. (13) 'Health insurer' means any health insurance issuer which is not a managed care organization. (14) 'Insurance arrangement' or 'self-insurance arrangement' means a plan, program, contract, or other arrangement through which health care services are provided by an employer to its officers, employees, or other personnel, but does not include health care services covered through an insurer. (15) 'Insured' means a person who is a legal resident of this state and who is eligible to receive benefits from the assignment pool. The term 'insured' may include dependents and family members. (16) 'Managed care organization' means a health maintenance organization or a nonprofit health care corporation. (17) 'Market share' means the percentage of the total number of covered persons living in Georgia included in health insurance and health plans insured, reinsured, and administered by a payor. (18) 'Medicare' means coverage provided by Part A and Part B of Title XVIII of the federal Social Security Act, 42 U.S.C. Section 1395c, et seq. (19) 'Payor' means any entity that is authorized in this state to write health insurance or that provides health insurance in this state. For the purposes of this chapter, the term 'payor' includes an insurance company; nonprofit health care services plan; health care corporation or surviving health care corporation as defined in Code Section 33-20-3; fraternal benefits society; health maintenance organization; any other entity providing a plan of health insurance or health benefits subject to state insurance regulation; association plans; and any administrator paying or processing health benefit claims in Georgia. (20) 'Physician' means a person licensed to practice medicine in Georgia. (21) 'Plan administrator' means a payor selected by the Georgia Assignment Pool Underwriting Authority to provide administrative services or accept assignments of insureds as defined in paragraph (15) of this subsection. (22) 'Plan of operation' means the plan of operation of the assignment pool and includes the articles, bylaws, and operating rules of the assignment pool that are adopted by the board. (23) 'Resident' means an individual who has been legally domiciled in Georgia for a minimum of 24 months; provided, however, that, for a federally defined eligible individual, there shall be no such time period requirement to establish residency. MONDAY, MARCH 13, 2006 3243 (b) Any other term which is used in this chapter and which is also defined in Section 2791 of the federal Public Health Service Act, 42 U.S.C. Section 300gg-92, and not otherwise defined in this chapter shall have the same meaning specified in said Section 2791. 33-29A-3. (a) There is created a body corporate to be known as the 'Georgia Assignment Pool Underwriting Authority' which shall be deemed to be a public corporation. The Georgia Assignment Pool Underwriting Authority shall have perpetual existence, and any change in the name or composition of the assignment pool or Georgia Assignment Pool Underwriting Authority shall in no way impair the obligations of any contracts existing under this chapter. (b) The Commissioner, the Speaker of the House of Representatives, and the Senate Committee on Assignments shall each appoint two members of the authority for staggered four-year terms as provided by this Code section. One of the authority members appointed by each of the above persons or officers shall have a two-year initial term and one shall have a four-year initial term as designated by the person or officer making such appointment at the time of such appointment. Thereafter, successors to such members shall be appointed to and serve four-year terms. (c) Such appointees shall be persons affiliated with payors admitted and authorized to write health insurance in this state or who are otherwise familiar with health insurance matters. (d) The Governor shall appoint three members for staggered four-year terms as provided by this subsection. One appointee shall be a person representing the medical provider community, such as a physician licensed to practice medicine in this state, who shall serve a four-year initial term and the other two appointees shall be persons representing consumers. One of the authority members representing consumers appointed by the Governor shall have a two-year initial term, and one shall have a fouryear initial term as designated by the Governor at the time of such appointment. Thereafter, successors to such members shall be appointed to and serve four-year terms. (e) The appointed members of the authority shall elect one of their own members to serve as chairperson. (f) If a vacancy occurs on the authority, the person or officer who made the appointment shall fill the vacancy for the unexpired term with a person who has the appropriate qualifications to fill that position on the authority. (g) A member of the authority shall not be liable for an action or omission performed in good faith in the performance of the powers and duties under this chapter and a cause of action shall not arise against a member for such action or omission. 33-29A-4. (a) The initial members of the Georgia Assignment Pool Underwriting Authority shall submit to the Commissioner a plan of operation for the assignment pool that will assure the fair, reasonable, and equitable administration of the assignment pool. 3244 JOURNAL OF THE HOUSE (b) In addition to the other requirements of this chapter, the plan of operation must include procedures for: (1) Operation of the assignment pool; (2) Selecting a plan administrator or multiple plan administrators; (3) Creating a fund, under management of the authority, for administrative expenses; (4) Handling, accounting, and auditing of money and other assets of the assignment pool; (5) Developing and implementing a program to publicize the existence of the assignment pool, the eligibility requirements for coverage under the assignment pool, and the enrollment procedures, and to foster public awareness of the plan; (6) Creation of a grievance committee to review complaints presented by applicants for coverage from the assignment pool and insureds who receive coverage from the assignment pool; and (7) Other matters as may be necessary and proper for the execution of the board's powers, duties, and obligations under this chapter. (c) After notice and hearing, the Commissioner shall approve the plan of operation if it is determined that the plan is suitable to assure the fair, reasonable, and equitable administration of the assignment pool. (d) The plan of operation shall become effective on the date it is approved by the Commissioner. (e) If the initial members of the authority fail to submit a suitable plan of operation within 180 days following the appointment of the initial members, the Commissioner, after notice and hearing, may adopt all necessary and reasonable rules to provide a plan for the assignment pool. The rules adopted under this subsection shall continue in effect until the initial members submit, and the Commissioner approves, a plan of operation as provided under this Code section. (f) The authority shall amend the plan of operation as necessary to carry out the provisions of this chapter. All amendments to the plan of operation shall be submitted to the Commissioner for approval before becoming part of the plan. 33-29A-5. (a) The Georgia Assignment Pool Underwriting Authority is authorized to exercise any of the authority that a corporation in this state may exercise under the laws of this state. (b) As part of its authority, the Georgia Assignment Pool Underwriting Authority shall have the authority to: (1) Develop a means in this chapter referred to as the assignment pool, through the assignment of risks to provide health benefits coverage to persons who are eligible for that coverage under this chapter; (2) Enter into contracts that are necessary to carry out its powers and duties under this chapter including, with the approval of the Commissioner, entering into contracts with similar pools in other states for the joint performance of common administrative functions or with other organizations for the performance of administrative functions; MONDAY, MARCH 13, 2006 3245 (3) Sue and be sued, including taking any legal action necessary or proper to recover or collect assessments due the assignment pool; (4) Institute any legal action necessary to recover any amounts erroneously or improperly paid by the assignment pool, to recover any amounts paid by the assignment pool as a mistake of fact or law, and to recover other amounts due the assignment pool; (5) Establish appropriate rates, rate schedules, rate adjustments, expense allowance, and agents referral fees, and perform any actuarial function appropriate to the operation of the assignment pool; (6) Adopt policy forms, endorsements, and riders and applications for coverage; (7) Develop a means for plan administrators to issue insurance policies subject to this chapter and the plan of operation; (8) Appoint appropriate legal, actuarial, and other committees that are necessary to provide technical assistance in operating the assignment pool and performing any of the functions of the assignment pool; (9) Employ and set the compensation of any persons necessary to assist the assignment pool in carrying out its responsibilities and functions; (10) Borrow money as necessary to implement the purposes of the assignment pool; and (11) Require plan administrators to employ cost containment measures and requirements, including, but not limited to, preadmission screening, second surgical opinion, concurrent utilization case management, disease-state management, and other risk reduction practices for the purpose of maximizing effectiveness and cost savings to the assignment pool, its insureds, and payers. Plan administrators shall report at least annually on these programs and document savings and improved health outcomes for eligible individuals. (c) Not later than June 30 of each year, the board shall make an annual report to the Governor, the Senate Insurance and Labor Committee, the House Committee on Insurance, and the Commissioner. The report shall summarize the activities of the assignment pool in the preceding calendar year, including information regarding net written and earned premiums, plan enrollment, administration expenses, and paid and incurred losses of plan administrators on behalf of persons eligible for coverage under the assignment pool. (e) The board shall establish a methodology to assure that the widest practicable and equitable distribution of risk among payors is achieved and that a variety of plan design offerings are available through plan administrators. (f) The board shall establish in its plan of operation means by which to compensate plan administrators for accepting assignments from the assignment pool. 33-29A-6. (a) After completing a competitive bidding process as provided by the plan of operation, the board may select one or more payors or plan administrators certified by the board to administer the assignment pool and offer assignment pool coverage. 3246 JOURNAL OF THE HOUSE (b) The board shall establish criteria for evaluating the bids submitted. The criteria shall include: (1) A payor's or plan administrator's proven ability to handle accident and sickness insurance; (2) The efficiency of a payor's or plan administrator's claims paying procedures; (3) An estimate of total charges for administering the assignment pool; (4) A payor's or plan administrator's ability to administer the assignment pool in a cost-efficient manner; and (5) The financial condition and stability of the payor or plan administrator. (c) The plan administrator shall perform such functions relating to the assignment pool as may be assigned to it, including: (1) Providing health benefits coverage according to specifications adopted by the board to persons who are eligible for that coverage under this chapter; (2) Performing eligibility and administrative claims payment functions for the assignment pool; (3) Establishing a billing procedure for collection of premiums from persons insured by the assignment pool; (4) Performing functions necessary to assuring timely payment of benefits to persons covered under the assignment pool, including: (A) Providing information relating to the proper manner of submitting a claim for benefits to the assignment pool and distributing claim forms; and (B) Evaluating the eligibility of each claim for payment by the assignment pool; (5) Submitting regular reports to the board relating to the operation of the assignment pool; and (6) Determining after the close of each calendar year the net written and earned premiums, expenses of administration, and paid and incurred losses of the assignment pool for that calendar year and reporting such information to the board and the Commissioner on forms prescribed by the Commissioner. 33-29A-7. The Commissioner may by rule and regulation establish additional powers and duties of the board and may adopt other rules and regulations as are necessary and proper to implement this chapter. The Commissioner by rule and regulation shall provide the procedures, criteria, and forms necessary to implement, collect, and deposit assessments made and collected under Code Section 33-29A-12. 33-29A-8. (a) Rates and rate schedules may be adjusted for appropriate risk factors, including age and variation in claim costs, and the board may consider appropriate risk factors in accordance with established actuarial and underwriting practices. (b) The Georgia Assignment Pool Underwriting Authority shall determine the standard risk rate by considering the premium rates charged by insurers offering health insurance coverage to individuals. The standard risk rate shall be established using reasonable MONDAY, MARCH 13, 2006 3247 actuarial techniques and shall reflect anticipated experience and expenses for such coverage. The initial assignment pool rate may not be less than 125 percent and may not exceed 150 percent of rates established as applicable for individual standard rates. Subsequent rates shall be established to provide fully for the expected costs of claims, including recovery of prior losses, expenses of operation, investment income of claim reserves, and any other cost factors subject to the limitations described in this subsection; however, in no event shall assignment pool rates exceed 150 percent of rates applicable to individual standard risks. (c) All rates and rate schedules shall be submitted to the Commissioner for approval, and the Commissioner must approve the rates and rate schedules of the plans offered by the plan administrators on behalf of the assignment pool before assignment of risks to such plan's use by the assignment pool. The Commissioner in evaluating the rates and rate schedule of the assignment pool shall consider the factors provided for in this Code section. 33-29A-9. (a) Any individual person who is and continues to be a legal resident of Georgia as defined in paragraph (22) of subsection (a) of Code Section 33-29A-2 shall be eligible for coverage from the assignment pool if evidence is provided of: (1) A notice of rejection or refusal to issue substantially similar insurance for health reasons by two insurers. A rejection or refusal by an insurer offering only stop-loss, excess loss, or reinsurance coverage with respect to the applicant shall not be sufficient evidence under this subsection; (2) A refusal by an insurer to issue insurance except at a rate exceeding the assignment pool rate; (3) In the case of an individual who is eligible for coverage under the federal Health Insurance Portability and Accountability Act of 1996, P. L. 104-191, the individual's maintenance of health insurance coverage for the previous 18 months with no gap in coverage greater than 90 days of which the most recent coverage was through an employer sponsored plan; (4) In the case of an individual who is eligible for coverage under the federal Health Insurance Portability and Accountability Act of 1996, P. L. 104-191, the individual's maintenance of health insurance coverage through this state's 'Enhanced Conversion Options,' 'Georgia Health Insurance Assignment System,' or 'Georgia Health Benefits Assignment System' at a rate exceeding the assignment pool rate with no gap in coverage since such coverage lapsed of more than 90 days; or (5) Legal domicile in Georgia and eligibility for the credit for health insurance costs under Section 35 of the federal Internal Revenue Code of 1986. (b) Each dependent of a person who is eligible for coverage from the assignment pool shall also be eligible for coverage from the assignment pool unless that person is enrolled in or is eligible to enroll in any form of health insurance or insurance arrangement, whether public or private. In the case of a child who is the primary 3248 JOURNAL OF THE HOUSE insured, resident family members shall also be eligible for coverage if they are the siblings, parents, or guardians of the child. (c) A person may maintain assignment pool coverage for the period of time the person is satisfying a preexisting waiting period under another health insurance policy or insurance arrangement intended to replace the assignment pool policy. (d) A person is not eligible for coverage from the assignment pool if the person; (1) Has in effect on the date assignment pool coverage takes effect, or is eligible to enroll in, health insurance coverage from an insurer or insurance arrangement; (2) Is eligible for other health care benefits at the time application is made to the assignment pool, including COBRA continuation, except: (A) Coverage, including COBRA continuation, other continuation, or conversion coverage, maintained for the period of time the person is satisfying any preexisting condition waiting period under an assignment pool policy; or (B) Individual coverage conditioned by the limitation described by paragraphs (1) through (3) of subsection (a) of this Code section; (3) Has terminated coverage in the assignment pool within 12 months of the date that application is made to the assignment pool, unless the person demonstrates a good faith reason for the termination; (4) Is confined in a county jail or imprisoned in a state or federal prison; (5) Has premiums that are paid for or reimbursed under any government sponsored program or by any government agency or health care provider, except as an otherwise qualifying full-time employee, or dependent thereof, of a government agency or health care provider, except as provided in paragraph (6) of subsection (a) of this Code section; (6) Has premiums that are paid for or reimbursed by a nongovernmental third-party organization with interest in placing individuals in high risk pools or similar pools; (7) Has had prior coverage with the assignment pool terminated for nonpayment of premiums or fraud; or (8) Has voluntarily terminated coverage outside the assignment pool within six months of the date that application is made to the assignment pool unless the person demonstrates a good faith reason for the termination. If a person otherwise eligible for assignment pool coverage has declined or terminated COBRA continuation or other continuation or conversion coverage, except for basic conversion coverage as provided in subsection (g) of Code Section 33-24-21.1, such person is still eligible to apply for assignment pool coverage, but a preexisting condition exclusion shall apply and last for a period of 18 months. (e) Assignment pool coverage shall cease: (1) On the date a person is no longer a resident of this state, except for a child who is a dependent according to provisions of paragraph (3) of subsection (a) of Code Section 33-29-2 or paragraph (4) of Code Section 33-30-4 and who is financially dependent upon the parent, a child for whom a person may be obligated to pay child support, or a child of any age who is disabled and dependent upon the parent; (2) On the date a person requests coverage to end; MONDAY, MARCH 13, 2006 3249 (3) Upon the death of the covered person; (4) On the date state law requires cancellation of the policy; (5) At the option of the assignment pool, 30 days after the assignment pool sends to the person any inquiry concerning the person's eligibility, including an inquiry concerning the person's residence, to which the person does not reply; (6) On the thirty-first day after the day on which a premium payment for assignment pool coverage becomes due if the payment is not made before that date; or (7) At such time as the person ceases to meet the eligibility requirements of this Code section. (f) A person who ceases to meet the eligibility requirements of this Code section may have his or her coverage terminated by the payor or plan administrator at the end of the policy period. 33-29A-10. (a) The assignment pool shall offer assignment pool coverage consistent with major medical expense coverage to each eligible person who is not eligible for medicare. The board, with the approval of the Commissioner, shall establish: (1) The coverages to be provided by the assignment pool; (2) At least two health benefit products to be offered by the assignment pool; (3) The applicable schedules of benefits; and (4) Any exclusions to coverage and other limitations. (b) The benefits provisions of the assignment pool's health benefits coverages shall include the following: (1) All required or applicable definitions; (2) A list of any exclusions or limitations to coverage; (3) A description of covered services required under the assignment pool; and (4) The deductibles, coinsurance options, and copayment options that are required or permitted under the assignment pool. (c) The board may adjust deductibles and the time periods governing preexisting conditions to preserve the financial integrity of the assignment pool. Plan administrators may petition the board in a manner provided for in rules adopted by the board and approved by the Commissioner to address solvency concerns and matters affecting the financial integrity of coverage provided by plan administrators. If the board makes such an adjustment, it shall report in writing that adjustment together with its reasons for the adjustment to the Commissioner. The report shall be submitted not later than the thirtieth day after the date the adjustment is made. (d) Benefits otherwise payable under assignment pool coverage shall be reduced by amounts paid or payable through any other health insurance or insurance arrangement and by all hospital and medical expense benefits paid or payable under any workers compensation coverage, automobile insurance whether provided on the basis of fault or no-fault, and by any hospital or medical benefits paid or payable under or provided pursuant to any state or federal law or program. 3250 JOURNAL OF THE HOUSE (e) The assignment pool and the plan administrators shall have a cause of action against an eligible person for the recovery of the amount of benefits paid that are not for covered expenses. Benefits due from the assignment pool and plan administrators may be reduced or refused as an offset against any amount recoverable under this subsection. (f) Notwithstanding other provisions of this Code section and as long as the minimum standards set forth in this Code section are met, the board and plan administrators may offer additional major medical plans of coverage to eligible individuals that reflect those otherwise available to the private health insurance market, including, but not limited to, high deductible health plans (HDHP), health savings account eligible health plans (HSA), and other such plans as may be designed in the future to meet the need for affordable coverage for eligible individuals. 33-29A-11. (a) Except as otherwise provided by this Code section, assignment pool coverage shall exclude charges or expenses incurred during the first 12 months following the effective date of coverage with regard to any condition for which medical advice, care, or treatment was recommended or received during the six-month period preceding the effective date of coverage. (b) The preexisting conditions limitation provided in this Code section shall be reduced by aggregated creditable coverage that was in effect up to a date not more than 90 days before application for coverage in the assignment pool. (c) An eligible individual who is eligible for enrollment in the assignment pool as a result of the federal Health Insurance Portability and Accountability Act of 1996, P. L. 104-191, and has 18 months of prior creditable coverage, the most recent of which is employer sponsored coverage, shall be eligible for coverage without regard to the 12month preexisting conditions limitation. (d) An eligible individual who is eligible for the credit for health insurance under Section 35 of the federal Internal Revenue Code of 1986 shall be eligible for coverage without regard to the 12-month preexisting conditions limitation only if he or she had three months of prior creditable coverage as of the date on which the individual seeks to enroll in assignment pool coverage, not counting any period prior to a 63-day break in coverage. 33-29A-12. (a) Payors shall participate in the assignment pool by accepting direct assignments of eligible individuals for coverage or by contributing to the cost of claims beyond premiums collected by plan administrators that accept direct assignment of risks from the assignment pool. (b) The board with review and approval of the Commissioner shall develop an accounting method to estimate future and determine actual claims of payors accepting direct assignment of risks from the assignment pool along with administrative costs of MONDAY, MARCH 13, 2006 3251 the assignment pool and plan administrators and collect assessments from all payors using an equitable formula based on market share. (c) If the claims or anticipated claims of payors exceed premiums collected from subscribers, the board, by July 1 of that year, shall assess payors in accordance with this subsection an amount necessary for the continued operation of the assignment pool for the next fiscal year. Assessments shall be due not less than 30 days after the end of each calendar quarter and shall accrue interest at a rate not to exceed 12 percent per annum on and after the due date. Each payor shall be assessed an amount established by the board not to exceed $2.00 per covered person per payor per month, excluding persons covered under limited benefit insurance policies as defined in paragraph (11) of subsection (a) of Code Section 33-29A-2. Health insurance and health plans established by federal, state, or local governments shall not be included in such assessments unless such state or local government has contracted with payors to provide insurance, stop-loss insurance, or plan administrator services. (d) Plan administrators accepting direct assignment of risks from the assignment pool shall be allowed credit for actual claims of eligible individuals that exceed assessments that would otherwise be payable based on market share. (e) To the extent not otherwise prohibited by law, each payor may itemize the cost of this assessment in statements or invoices to employers or covered persons. (f) The board shall make reasonable efforts designed to ensure that each covered person is counted only once with respect to any assessment. For that purpose, the board shall require each payor that obtains excess or stop-loss insurance to include in its count of covered persons all individuals whose coverage is insured, including by way of excess or stop-loss coverage, in whole or in part. The board shall allow a payor to exclude from its number of covered persons those who have been counted by the primary payor or by the primary excess or stop-loss insurer for the purposes of determining its market share under this Code section. (g) Each payor's assessment may be verified by the board based on annual statements and other reports deemed to be necessary by the board. The board may use any reasonable method of estimating the number of covered persons of a payor if the specific number is unknown. (h) If assessments and other receipts by the assignment pool, board, or plan administrator exceed the actual losses and administrative expenses of the plan, the excess shall be held at interest and used by the board to offset future losses or to reduce plan premiums. Future losses shall include reserves for claims incurred but not reported. (i) The Commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any payor that fails to pay an assessment. As an alternative, the Commissioner may levy a forfeiture on any payor that fails to pay an assessment when due. Such forfeiture may not exceed 5 percent of the unpaid assessment per month, but no forfeiture shall be less than $100.00 per month. 3252 JOURNAL OF THE HOUSE (j) The funding mechanism outlined in this Code section shall be modified only by general law. (k) Notwithstanding other provisions of this chapter, a payor may accept, with board and Commissioner approval, direct assignments based on market share from the assignment pool without regard to recovery for claims as long as the payor does not attempt to discriminate or select which risks it will accept from the assignment pool. In addition, a payor meeting the qualifications of this subsection may seek approval to market new benefit plans that include, but are not limited to: (1) Product or benefits designs to offer affordable coverage options to eligible individuals; or (2) Risk reductions methodologies through disease-state management. (l) Any plans offered as provided in subsection (k) of this Code section shall be approved as suitable for the purposes of this chapter by relevant federal authorities prior to enrollment of eligible individuals. (m) Payors accepting direct assignment of risks as provided in subsection (k) of this Code section shall not be subject to assessments and their market share shall not be included in market share calculations for the purpose of assessments. (n) The Commissioner and the board shall determine the period or periods of time plans authorized for assignments under subsection (k) of this Code section shall be offered except that no payor shall be permitted to elect to change its manner of participation in the assignment pool more than once in a two-year period. 33-29A-13. An applicant or participant in coverage from the assignment pool is entitled to have complaints against the assignment pool reviewed by a grievance committee appointed by the board. The grievance committee shall report to the board after completion of the review of each complaint. The board shall retain all written complaints regarding the assignment pool at least until the third anniversary of the date the assignment pool received the complaint. 33-29A-14. (a) The state auditor shall conduct annually a special audit of the assignment pool. The state auditor's report shall include a financial audit and an economy and efficiency audit. (b) The state auditor shall report the cost of each audit conducted under this chapter to the board. The board shall then promptly remit that amount to the state auditor for deposit to the general fund. 33-29A-15. Notwithstanding other changes in law contained in this chapter, persons eligible as a result of the federal Health Insurance Portability and Accountability Act of 1996, P. L. 104-191, shall continue to be issued health insurance coverage through this state's 'Georgia Health Insurance Assignment System,' 'Georgia Health Benefits Assignment MONDAY, MARCH 13, 2006 3253 System,' or 'Enhanced Conversion Options,' under rules and procedures established under this chapter or under Code Section 33-24-21.1 prior to July 1, 2006, until December 31, 2006, or such time as the assignment pool is able to issue coverage to eligible individuals, whichever occurs later. 33-29A-16. Coverages available under the assignment pool must be made available not later than January 1, 2007, except as provided in Code Section 33-29A-15." SECTION 4. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 33-30-15, relating to continuation of similar coverage, and inserting in lieu thereof a new paragraph (2) to read as follows: "(2) Once such creditable coverage terminates, including termination of such creditable coverage after any period of continuation of coverage required under Code Section 33-24-21.1 or the provisions of Title X of the Omnibus Budget Reconciliation Act of 1986, the insurer must offer a conversion policy provide notice of eligibility for coverage under the state's alternative mechanism of the availability of individual health insurance coverage as provided under Chapter 29A of this title, as contemplated by Section 2741 of the federal Public Health Service Act, 42 U.S.C. Section 300gg-41, to the eligible employee, member, subscriber, enrollee, or dependent." SECTION 5. Said title is further amended by repealing and reserving Chapter 44, relating to high risk health insurance plans. SECTION 6. This Act shall become effective on July 1, 2006. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Crawford Y Cummings Y Davis N Day N Dean Y Hill, C.A Y Holmes Y Holt N Horne Y Houston N Martin Y Maxwell N May McCall E McClinton Sailor Y Scheid Y Scott, A N Scott, M Y Setzler 3254 JOURNAL OF THE HOUSE Y Barnes Y Bearden E Beasley-Teague Y Benfield N Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce N Bryant Y Buckner, D Y Buckner, G N Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan N Cole Y Coleman, B Y Coleman, T Cooper Y Cox N Dickson Y Dodson N Dollar Drenner Y Dukes Y Ehrhart N England Y Epps N Everson Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick N Graves, D N Graves, T Y Greene N Hanner N Harbin Y Hatfield Heard, J Y Heard, K Y Heckstall Y Hembree Henson N Hill, C Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson E Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly N Lane, B E Lane, R N Lewis Y Lindsey N Lord N Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Meadows E Millar Y Mills Y Mitchell Y Morgan N 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 N Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B N Reece, S Y Reese N Rice Y Roberts N Rogers Y Royal N Rynders N Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield N Smith, B Y Smith, L Y Smith, P N Smith, R Y Smith, T N 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 E Warren Y Watson Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 122, nays 35. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Henson of the 87th 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 1484. By Representative Tumlin of the 38th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to clarify the circumstances under which an insurable interest exists with respect to personal insurance; to codify the common law with respect to certain insurable interests; to change certain provisions concerning prerequisites for replacement life insurance exceeding insurance being surrendered; to change special employee group provisions of group life insurance; to alter required policy provisions for MONDAY, MARCH 13, 2006 3255 group life insurance; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe 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 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Everson 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, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson E 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 E 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 E McClinton Y Meadows E Millar 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 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 Y Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed. 3256 JOURNAL OF THE HOUSE HB 1451. By Representatives Sheldon of the 105th, Knox of the 24th, Walker of the 107th, Byrd of the 20th, Channell of the 116th and others: A BILL to be entitled an Act to amend Article 7A of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the Long-term Care Partnership Program, so as to revise certain definitions; 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 7A of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the Long-term Care Partnership Program, so as to revise certain 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. Article 7A of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the Long-term Care Partnership Program, is amended by striking Code Section 49-4-161, relating to definitions, and inserting in lieu thereof a new Code Section 49-4-161 to read as follows: "49-4-161. As used in this article, the term: (1) 'Asset disregard' means the total assets an individual owns and may retain upon application for the, with regard to state Medicaid program and still qualify for benefits, the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made to or on behalf of an if the individual: (A) Is who is a beneficiary under of a Georgia Long-Term Care Partnership Program approved policy; and (B) Has exhausted the benefits of such policy or has diminished such assets below anticipated remaining policy benefits a qualified long-term care insurance partnership policy. (2) 'Commissioner' means the Commissioner of Insurance. (2)(3) 'Department' means the Department of Community Health. (3) (4) 'Georgia Long-Term Qualified Long-term Care Partnership Program approved policy' means a long-term care insurance policy that is approved by the Commissioner of Insurance and is provided through state approved long-term care insurers through the Georgia Long-Term Care Partnership Program meets the model regulations and requirements of the National Association of Insurance Commissioners long-term care MONDAY, MARCH 13, 2006 3257 insurance model regulation and long-term care insurance model act as specified in 42 U.S.C. 1917(b) and Section 6021 of the Federal Deficit Reduction Act of 2005 and the Commissioner certifies such policy as meeting these requirements. (4) (5) 'State Medicaid program' means the medical assistance program established in this state under Title XIX of the federal Social Security Act. (6) 'State plan amendment' means a state Medicaid plan amendment made to the federal Department of Health and Human Services that provides for the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made to or on behalf of an individual who is a beneficiary under a qualified long-term care insurance partnership policy." SECTION 2. Said article is further amended by striking Code Section 49-4-162, relating to the Georgia Long-term Care Partnership Program, and inserting in lieu thereof a new Code Section 49-4-162 to read as follows: "49-4-162. (a) There In accordance with Section 6021 of the Federal Deficit Reduction Act of 2005, there is established the Georgia Long-Term Long-term Care Partnership Program which shall be administered by the Department of Community Health, with the assistance of the Commissioner of Insurance and the Department of Human Resources, and which shall be for the following purposes: (1) To provide incentives for individuals to insure against the costs of providing for their long-term care needs; (2) To provide a mechanism for individuals to qualify for coverage of the cost of their long-term care needs under the state Medicaid program without first being required to substantially exhaust their resources; (3) To provide counseling services through the Division of Aging Services of the Department of Human Resources to individuals in planning of their long-term care needs; and (4) To alleviate the financial burden on the state's Medicaid program by encouraging the pursuit of private initiatives. (b) Upon the exhaustion of benefits or upon the diminishment of assets below the anticipated remaining benefits under a Georgia Long-Term Long-term Care Partnership Program approved policy, certain assets of an individual, as provided in subsection (c) of this Code section, shall not be considered when determining any of the following: (1) Medicaid eligibility; (2) The amount of any Medicaid payment; and (3) Any subsequent recovery by the state of a payment for medical services. (c) The department shall: amend the state Medicaid program to allow for asset disregard. The department shall provide for asset disregard by counting insurance benefits paid for covered services under the Georgia Long-Term Care Partnership Program for purchasers of a Georgia Long-Term Care Partnership Program approved policy toward asset disregard 3258 JOURNAL OF THE HOUSE (1) Within 180 days of the effective date of this Code section, make application to the federal Department of Health and Human Services for a state plan amendment to establish that the assets an individual owns and may retain under Medicaid and still qualify for benefits under Medicaid at the time the individual applies for benefits is increased dollar for dollar for each dollar paid out under the individual's long-term care insurance policy if: (A) The individual is the beneficiary of a qualified long-term care insurance partnership policy purchased through the Georgia Qualified Long-term Care Partnership Program; and (B) The individual has exhausted the benefits of such policy; and (2) Provide information and technical assistance to the Commissioner to assure that any individual who sells a qualified long-term care insurance partnership policy receives training and demonstrates evidence of an understanding of such policies and how they relate to other public and private coverage of long-term care." SECTION 3. Said article is further amended by striking Code Section 49-4-163, relating to eligibility for asset disregard, and inserting in lieu thereof a new Code Section 49-4-163 to read as follows: "49-4-163. (a) An individual who is a beneficiary of a Georgia Long-Term Qualified Long-term Care Partnership Program approved policy is eligible for assistance under the state Medicaid program using asset disregard pursuant to the provisions of subsection (c) of Code Section 49-4-162. (b) If the Georgia Long-Term Qualified Long-term Care Partnership Program is discontinued, an individual who purchased a Georgia Long-Term Qualified Long-term Care Partnership Program approved policy prior to the date the program was discontinued shall be eligible to receive asset disregard if allowed as provided by Title VI, Section 6021 of the Federal Deficit Reduction Act of 2005. (c) The department may enter into reciprocal agreements with other states to extend the asset disregard to residents of the state who purchase long-term care policies in another state which has asset disregard provisions as established under this article as provided by Title VI, Section 6021 of the Federal Deficit Reduction Act of 2005." SECTION 4. Said article is further amended by striking Code Section 49-4-164, relating to rules and regulations, and inserting in lieu thereof a new Code Section 49-4-164 to read as follows: "49-4-164. (a) The Commissioner shall: (1) Develop requirements to ensure that any individual who sells a qualified longterm care insurance partnership policy receives training and demonstrates evidence of an understanding of such policies and how they relate to other public and private coverage of long-term care; and MONDAY, MARCH 13, 2006 3259 (2) Not impose any requirement affecting the terms or benefits of qualified long-term care partnership policies unless the Commissioner imposes such a requirement on all long-term care policies sold in this state without regard to whether the policy is covered under the partnership or is offered in connection with such partnership. (b) The department and the Commissioner of Insurance are authorized to promulgate rules and regulations to implement and administer the provisions of this article. (c) The issuers of qualified long-term care partnership policies in this state shall provide regular reports to both the Secretary of the Department of Health and Human Services in accordance with federal law and regulations and to the department and the Commissioner as provided in Section 6021 of the Federal Deficit Reduction Act of 2005." SECTION 5. Said article is further amended by striking Code Section 49-4-165, relating to notice to consumers, and inserting in lieu thereof a new Code Section 49-4-165 to read as follows: "49-4-165. (a) A qualified long-term care insurance partnership policy issued after the effective date of this article shall contain a summary notice to the consumer in plain language on the current law pertaining to asset disregard and asset tests. (b) The notice to the consumer under subsection (a) of this Code section shall be developed by the Commissioner of Insurance." SECTION 6. Said article is further amended by striking Code Section 49-4-166, relating to effective date, and inserting in lieu thereof a new Code Section 49-4-166 to read as follows: "49-4-166. The provisions of this article shall become effective 60 days after the effective date of the repeal of the restrictions to asset protection contained in the federal Omnibus Budget Reconciliation Act of 1993, Public Law 103-66, 107 Stat. 312 Reserved." SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: 3260 JOURNAL OF THE HOUSE 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 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 Everson 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, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson E 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 E 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 E Millar E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor 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 Stephens Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1506. By Representatives Houston of the 170th, Burkhalter of the 50th, Ehrhart of the 36th, Royal of the 171st, Harbin of the 118th and others: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of state sales and use tax, so as to prohibit certain sales at any business location where the state revenue commissioner has revoked such business location's certificate of registration; to provide for MONDAY, MARCH 13, 2006 3261 criminal penalties; 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 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, so as to provide for increased criminal penalties with respect to violations of said Article 1; to provide for increased penalties with respect to filing false or fraudulent returns; to provide for increased criminal penalties with respect to failure to furnish certain returns or records; 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. Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, is amended by striking Code Section 48-8-7, relating to violations of said Article 1, and inserting in its place a new Code Section 48-8-7 to read as follows: "48-8-7. (a) It shall be unlawful for any dealer to knowingly and willfully fail, neglect, or refuse to collect the tax provided in this article, either by himself or through his agents or employees. (b) In addition to the penalty of being liable for and paying the tax himself, any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $100.00 or imprisonment in the county jail for not more than three months, or both of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or imprisonment for not more than one year, or both. Upon the second or subsequent conviction of a person who violates subsection (a) of this Code section, the person shall be guilty of a felony and shall be punished by a fine of not more than $10,000.00 or imprisonment for not more than five years, or both." SECTION 2. Said part is further amended by striking Code Section 48-8-8, relating to filing false or fraudulent sales and use tax returns, and inserting in its place a new Code Section 48-8-8 to read as follows: "48-8-8. 3262 JOURNAL OF THE HOUSE (a) It shall be unlawful for any dealer required by this article to knowingly and willfully make, render, sign, or verify any return to make a false or fraudulent return with intent to evade the tax levied by this article. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100.00 nor more than $300.00 or confinement in the county jail for not less than 30 days nor more than three months, or both of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or imprisonment for not more than one year, or both. Upon the second or subsequent conviction of a person who violates subsection (a) of this Code section, the person shall be guilty of a felony and shall be punished by a fine of not more than $10,000.00 or imprisonment for not more than five years, or both." SECTION 3. Said part is further amended by striking Code Section 48-8-9, relating to failure to furnish sales and use tax returns, and inserting in its place a new Code Section 48-8-9 to read as follows: "48-8-9. (a) It shall be unlawful for any dealer subject to this article to knowingly and willfully fail or refuse to furnish any return required to be made by this article or to fail or refuse to furnish a supplemental return or other data required by the commissioner. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or imprisonment for not more than one year, or both. Upon the second or subsequent conviction of a person who violates subsection (a) of this Code section, the person shall be guilty of a felony and shall be punished by a fine of not more than $10,000.00 or imprisonment for not more than five years, or both." SECTION 4. Said part is further amended by striking Code Section 48-8-10, relating to failure to keep or allow inspection of sales and use tax records, and inserting in its place a new Code Section 48-8-10 to read as follows: "48-8-10. (a) It shall be unlawful for any dealer subject to this article to knowingly and willfully fail to keep records or to fail to open the records to inspection as required by law. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or imprisonment for not more than one year, or both. Upon the second or subsequent conviction of a person who violates subsection (a) of this Code section, the person shall be guilty of a felony and shall be punished by a fine of not more than $10,000.00 or imprisonment for not more than five years, or both." MONDAY, MARCH 13, 2006 3263 SECTION 5. This Act shall not apply to any offense committed before July 1, 2006. Any such offense shall be punishable as provided by the statute in effect at the time the offense was committed. SECTION 6. This Act shall become effective on July 1, 2006. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: 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 Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson E 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Reese Y Rice Y Roberts Rogers 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 Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix 3264 JOURNAL OF THE HOUSE Y Cooper Y Cox Y Henson Y Hill, C Y Manning Y Marin Y Royal Y Rynders Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Reese of the 98th 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 1490. By Representatives Burns of the 157th, Lane of the 158th and Jenkins of the 8th: A BILL to be entitled an Act to amend Code Section 12-3-10 of the O.C.G.A., relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally, so as to change certain provisions relating to prohibitions against having or using certain boats on state park lakes; to amend Code Section 16-9-70 of the O.C.G.A., relating to criminal use of an article with an altered identification mark, so as to include vessels within the applicability of said Code section; to amend Chapter 7 of Title 52 of the O.C.G.A., relating to the registration, operation, and sale of watercraft, so as to change certain provisions relating to definitions; to change certain provisions relating to requirement as to numbering of vessels; to provide for forfeiture proceedings; to provide penalties for violations; 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 Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally, so as to change certain provisions relating to prohibitions against having or using certain boats on state park lakes; to amend Code Section 16-9-70 of the Official Code of Georgia Annotated, relating to criminal use of an article with an altered identification mark, so as to include vessels within the applicability of said Code section; to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to change certain provisions relating to definitions; to change certain provisions relating to exemptions from vessel numbering requirements; to provide for certain requirements and prohibitions relative to MONDAY, MARCH 13, 2006 3265 hull identification numbers; to provide for seizure of certain vessels for which hull identification numbers are lacking or have been altered; to provide for forfeiture proceedings; to provide penalties for violations; to provide exemptions from hull identification numbering requirements; to change certain provisions relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions; 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 12-3-10 of the Official Code of Georgia Annotated, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally, is amended by striking subsections (e) through (h) and inserting in lieu thereof the following: "(e) It shall be unlawful for any person to have or use a privately owned boat on any of the following state park lakes: (1) A. H. Stephens Federal Lake and Lake Liberty; or (2) Black Rock Mountain Lake; (3) Vogel-Lake Trahlyta; (4) Franklin D. Roosevelt-Lake Delano; (5)(2) John D. Tanner Lake (the 24 acre lake), provided that this prohibition shall apply only from May 1 through Labor Day of each year; (6) Unicoi Lake; and (7) Willaway Inlet of Fort Yargo Lake (25 acres). (f) It shall be unlawful to use a boat, other than one on official business, with any type of motor on the following state park lakes: (1) Unicoi Lake; (2) Willaway Inlet of Fort Yargo Lake (25 acres); and (3) Fort Mountain Lake Reserved. (g) It shall be unlawful for any person to have or use a boat, other than one on official business, with other than an paddles or a portable bow or stern mounted electric trolling motor on any of the following state park lakes: (1) Black Rock Mountain Lake; (2) James H. 'Sloppy' Floyd Lake; (3) A. H. Stephens-Lake Buncombe; (4) Franklin D. Roosevelt-Lake Franklin or Lake Delano; (5) John D. Tanner Lake (the 12 acre lake); (5.1) John D. Tanner Lake (the 24 acre lake), provided that this prohibition shall apply only from the day after Labor Day each year through April 30 of the following year; (6) Sweetwater Creek Lake; and (7) Hard Labor Creek Lake (the 37 acre lake).; 3266 JOURNAL OF THE HOUSE (8) Fort Mountain Lake; (9) Vogel Lake; or (10) Unicoi Lake. (h) It shall be unlawful for any person to use a boat, other than one on official business, with a motor which is neither an electric trolling motor nor ten horsepower or less on the following state park lakes: (1) Fort Yargo Lake; (2) Hamburg Lake; (3) Hard Labor Creek Lake (the 275 acre lake); (4) High Falls Lake; (5) Indian Springs Lake; (6) Kolomoki Mounds Lake; (7) Stephen C. Foster Lake; (8) Laura S. Walker Lake (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or 7:00 P.M. eastern daylight time, whichever is applicable, and sunset); (9) Little Ocmulgee Lake (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or 7:00 P.M. eastern daylight time, whichever is applicable, and sunset); and (10) Magnolia Springs Lake (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or 7:00 P.M. eastern daylight time, whichever is applicable, and sunset)." SECTION 2. Code Section 16-9-70 of the Official Code of Georgia Annotated, relating to criminal use of an article with an altered identification mark, is amended by striking subsection (a) and inserting in lieu thereof the following: "(a) A person commits the offense of criminal use of an article with an altered identification mark when he or she buys, sells, receives, disposes of, conceals, or has in his or her possession a radio, piano, phonograph, sewing machine, washing machine, typewriter, adding machine, comptometer, bicycle, firearm, safe, vacuum cleaner, dictaphone, watch, watch movement, watch case, or any other mechanical or electrical device, appliance, contrivance, material, vessel as defined in Code Section 52-7-3, or other piece of apparatus or equipment, other than a motor vehicle as defined in Code Section 40-1-1, from which he or she knows the manufacturer's name plate, serial number, or any other distinguishing number or identification mark has been removed for the purpose of concealing or destroying the identity of such article." MONDAY, MARCH 13, 2006 3267 SECTION 3. Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, is amended by striking Code Section 52-73, relating to definitions, and inserting in lieu thereof the following: "52-7-3. As used in this article, the term: (1) 'Blind point' means that portion of any of the waters of this state in which there is a natural or man-made obstruction which prevents the operator of a vessel from seeing vessels approaching from the opposite side of the obstruction, thus creating a safety hazard which could result in a boating accident. (2) 'Board' means the Board of Natural Resources. (3) 'Boat livery' means a business which holds any vessel for renting, leasing, or chartering. (4) 'Commissioner' means the commissioner of natural resources. (5) 'Dealer' means any person engaged in the business of manufacturing vessels or selling new or used vessels at an established place of business. (6) 'Department' means the Department of Natural Resources. (7) 'Discharged' means, and shall include, spilled, leaked, pumped, poured, emitted, or dumped. (7.1) 'Hazardous area' means any area which the commissioner has designated as such because of conditions which create a threat to the safety and welfare of boaters who may operate in such area. (8) 'Holding tank' means any container which is designed to receive and hold sewage and other wastes discharged from a marine toilet and which is constructed and installed in such a manner that it can only be emptied by pumping out the contents of such holding tank. (8.1) 'Homemade vessel' means any vessel that is built by an individual for personal use from raw materials that does not require the assignment of a federal hull identification number by a manufacturer pursuant to federal law. A person furnishing raw materials under a contract may be considered the builder of a homemade vessel. Antique boats, boats reconstructed from existing boat hulls, and rebuilt or reconstructed vessels are not considered homemade vessels. (8.2) 'Hull identification number' or 'HIN' means a number assigned to vessels by the manufacturer of the vessel or by the issuing authority of a state as required by the United States Coast Guard in accordance with federal law. (9) 'Idle speed' means a slow speed maintained by the operator of a mechanically propelled vessel reached by engaging the engine of the vessel into said speed by reducing the throttle to a minimum. (9.1) 'Issuing authority' means, as to this state, the Department of Natural Resources; and, as to other states, the state if it has a numbering system approved by the United States Coast Guard or the United States Coast Guard if the state that does not have an approved numbering system. 3268 JOURNAL OF THE HOUSE (10) 'Marine toilet' includes any equipment for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage and any process to treat such sewage. A marine toilet must be equipped with a holding tank which can be emptied only by pumping out. (11) 'Mechanically propelled vessel' means, for the purpose of determining fire extinguisher requirements, those vessels propelled by machinery using a volatile liquid for fuel. (12) 'Nonmotorized vessel' means any vessel other than a sailboat which has no motor attached in a manner to make it readily available for operation. (13) 'No wake' means that the wake or wash created by the movement of the vessel through the water is minimal. (14) 'Operate' means to navigate or otherwise use a vessel which is not at anchor or moored, including vessels which are being paddled, are drifting, or are being powered by machinery. (15) 'Operator' means the person who operates or has charge of the navigation or use of a vessel. (16) 'Owner' means a person, other than a lienholder, having the property in or title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation but the term excludes a lessee under a lease not intended as security. (17) 'Person' means an individual, partnership, firm, corporation, association, or other legal entity. (18) 'Personal flotation device' means any lifesaving device classified and approved as Type I, Type II, Type III, Type IV, or Type V (Hybrid) by the United States Coast Guard. (19) 'Portable marine toilet' means any device which is movable or portable and is not permanently installed on a vessel and which is designed to receive and temporarily retain sewage. (20) 'Power boat' means any boat, vessel, or water-going craft which is propelled by mechanical rather than manual means whether or not such propulsion device forms an integral part of the structure thereof. (21) 'Protected fresh waters' means the waters of Lake Allatoona, Lake Blackshear, Clarks Hill Lake, Hartwell Lake, Lake Sidney Lanier, Lake Oconee, Lake Seminole, Lake Sinclair, Russell Lake, Walter F. George Reservoir, and West Point Lake. (22) 'Reportable boating accident' means an accident, collision, or other casualty involving a vessel subject to this article which results in loss of life, injury sufficient to cause incapacitation for at least 24 hours, or actual physical damage to property, including vessels, in excess of $2,000.00. (22.1) 'Sailboard' means any sailboat whose unsupported mast is connected by a swivel or a flexible universal joint to a hull similar to the hull of a surfboard. (23) 'Sewage' means human body wastes and the waste from toilets and other receptacles intended to receive or retain body wastes. MONDAY, MARCH 13, 2006 3269 (24) 'Undocumented vessel' means a vessel which is not required to have and does not have a valid marine document issued by the United States Coast Guard or federal agency successor thereto. (25) 'Vessel' means every description of watercraft, other than a seaplane on the water or a sailboard, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts and homemade vessels; provided, however, Code Section 52-7-18, relating to rules of the road for boat traffic, shall be applicable to sailboards. (26) 'Waters of this state' means any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state. This definition shall not include privately owned ponds or lakes not open to the public." SECTION 4. Said article is further amended by striking Code Section 52-7-6, relating to exemptions from vessel numbering requirements, and inserting in lieu thereof the following: "52-7-6. A vessel shall not be required to be numbered under this article Code Sections 52-7-4 and 52-7-5 if it is: (1) Not motor propelled; provided, however, that sailboats 12 feet or more in length shall require registration; (2) Covered by a certificate of number in full force and effect which has been issued to it pursuant to federal law or a federally approved numbering system of another state, provided that such vessel shall not be used on the waters of this state for a period in excess of 60 consecutive days; (3) From a country other than the United States, provided that such vessel shall not be used on the waters of this state for a period in excess of 60 consecutive days; (4) A vessel whose owner is the United States, a state, or a subdivision thereof, which vessel is used exclusively in the nonrecreation public service and which is clearly identifiable as such; (5) A vessel's lifeboat if the boat is used solely for lifesaving purposes; this exemption does not include dinghies, tenders, speedboats, or other types of craft carried aboard vessels and used for other than lifesaving purposes; (6) A vessel that is used exclusively for racing; (7) A vessel belonging to a class of boats which has been exempted from numbering by the department after the department has found that: (A) The numbering of vessels of such class will not materially aid in their identification; (B) An agency of the federal government has a numbering system applicable to the class of vessel to which the vessel in question belongs; and (C) The vessel would also be exempt from numbering if it were subject to the federal law; 3270 JOURNAL OF THE HOUSE (8) Operating temporarily by virtue of evidence that a recent application for a certificate of number has been submitted; or (9) Used exclusively on privately owned ponds or lakes, except for those licensed by the Federal Energy Regulatory Commission." SECTION 5. Said article is further amended by adding new Code sections to read as follows: "52-7-7.1. (a) No person shall operate on the waters of this state a vessel manufactured after November 1, 1972, unless the vessel displays an assigned hull identification number as required by the United States Coast Guard or by the issuing authority, except any of those vessels exempted by Code Section 52-7-7.6. The hull identification number shall be carved, burned, stamped, embossed, or otherwise permanently affixed to the outboard side of the transom or the starboard side within two feet of the transom above the waterline in accordance with federal law or as directed by the issuing authority. (b) No person shall operate on the waters of this state a vessel that was manufactured before November 1, 1972, for which an issuing authority has issued a hull identification number unless the hull identification number is clearly displayed on the hull of the vessel as described in subsection (a) of this Code section. (c) No person shall destroy, remove, alter, cover, or deface the hull identification number, or any plate or decal bearing such number, of any vessel, except to make necessary repairs that require the removal of the HIN. Immediately upon completion of any repairs requiring the destruction, removal, alteration, covering, or defacing of a vessel's HIN, the person shall reaffix the hull identification number to the vessel in accordance with federal law or shall apply for a replacement hull identification number from the department. (d) No person shall assign the same hull identification number to more than one vessel. 52-7-7.2. Each vessel manufactured or built after the effective date of this Code section for sale in this state shall have a hull identification number displayed prior to sale or delivery for sale in accordance with federal law and this article. The hull identification number shall not be altered or replaced by the manufacturer or manufacturer's representative for the purpose of upgrading the model year of a vessel after being offered for sale or delivered to any dealer. 52-7-7.3. (a) If the hull identification number on a vessel required by Code Section 52-7-7.1 or 52-7-7.2 to have a hull identification number does not exist or has been altered, removed, destroyed, covered, or defaced or the real identity of the vessel cannot be determined, the vessel, and any items used while towing said vessel, may be seized as contraband property by a law enforcement agency or the department and shall be MONDAY, MARCH 13, 2006 3271 subject to forfeiture. Such vessel shall not be sold or operated on the waters of the state unless the department: (1) Receives a request from a law enforcement agency providing adequate documentation for a replacement hull identification number; or (2) Is directed by written order of a court of competent jurisdiction to issue to the vessel a replacement hull identification number. Thereafter, the replacement HIN shall be used for identification purposes. No vessel shall be forfeited if the owner was unaware the vessel's HIN had been altered, removed, destroyed, covered, or defaced. (b) The failure to have the hull identification number clearly displayed in compliance with this article shall be probable cause for any law enforcement officer to make further inspection of the vessel in question to ascertain the true identity thereof. 52-7-7.4. (a) Property subject to forfeiture under Code Section 52-7-7.3 and in the possession of any state or local law enforcement agency shall not be subject to replevin but shall be deemed to be in the custody of the superior court of the county wherein the property is located subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. (b) The law enforcement agency having possession of any property subject to forfeiture under Code Section 52-7-7.3 shall report such fact within ten days of taking possession to the district attorney of the judicial circuit having jurisdiction in the county where the property is located. Within 30 days from the date he or she receives such notice, the district attorney of the judicial circuit shall file in the superior court of the county in which the property is located an action for condemnation of the property. The proceedings shall be brought in the name of the state, and the action shall be verified by a duly authorized agent of the state in the manner required by law. The action shall describe the property, state its location, state its present custodian, state the name of the owner, if known, state the duly authorized agent of the state, allege the essential elements which are claimed to exist, and shall conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the property described in the action, commanding him or her to seize the property described in the action and to hold that property for further order of the court. A copy of the action shall be served on the owner, if known. If the owner is known, a copy of the action shall also be served upon any person having a duly recorded security interest in or lien upon that property. If the owner is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or 3272 JOURNAL OF THE HOUSE lien upon such property and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself to avoid service. At the expiration of 30 days after such filing, if no claimant has appeared to defend the action, the court shall order the disposition of the seized property as provided for in this Code section. If the owner of the vessel appears and defends the action and can show that he or she was unaware of the fact that the hull identification number had been removed, altered, defaced, falsified, or destroyed, the court shall order the property returned to the owner upon the owner's paying proper expenses relating to proceedings for forfeiture, including the expenses of the maintenance of custody, advertising, and court costs and upon the vessel being assigned a new hull identification number as provided in this article. (c) Except as otherwise provided in this article, when property is forfeited under this article, the court may: (1) Order that the vessel be retained by the law enforcement agency or the county in which the vessel is located; or (2) Order that the vessel be disposed of by sale, the proceeds of which shall be used to pay the proper expenses relating to the proceedings for forfeiture, including the expenses of maintenance of custody, advertising, and court costs, with the remaining funds to be paid into the general fund of the county. (d) Prior to the vessel being sold or returned to the owner or otherwise disposed of, the department shall assign it a new hull identification number in accordance with federal law. 52-7-7.5. (a) It shall be unlawful for any person to knowingly possess, manufacture, sell or exchange, offer to sell or exchange, aid in the sale or exchange, supply in blank, authorize, direct, or give away any counterfeit HIN, any counterfeit manufacturer's vessel HIN plate or decal, or any manufacturer's vessel HIN plate decal which is assigned to a vessel to be used for the purpose of identification of a vessel other than the one to which it is assigned; or to conspire to do any of the foregoing. However, nothing in this subsection shall be applicable to any approved hull identification number plate or decal issued as a replacement by the manufacturer or an issuing authority. (b) It shall be unlawful for any person to knowingly buy, sell, offer for sale, receive, dispose of, conceal, or have in his or her possession any vessel, outboard motor, or part thereof on which the HIN or any manufacturer's identification label of any kind has been altered, removed, destroyed, covered, or defaced or to knowingly maintain such vessel, outboard motor, or part thereof in any manner which conceals or misrepresents the true identity of the vessel, the outboard motor, or any part thereof. 52-7-7.6. A vessel shall not be required to have a hull identification number under Code Section MONDAY, MARCH 13, 2006 3273 52-7-7.1 or 52-7-7.2 if it is: (1) An innertube; or (2) A vessel used exclusively for racing." SECTION 6. Said chapter is further amended in Code Section 52-7-13, relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions, by redesignating subsection (h) as subsection (i) and by adding a new subsection (h) to read as follows: "(h) The operation of any of the following vessels on Lake Burton, Seed Lake, Lake Rabun, Lake Tugalo, Tallulah Falls Lake, and Lake Yonah shall be prohibited: (1) Any motorized vessel greater than 30 feet six inches in length; except for law enforcement, scientific research, or dam operation and maintenance craft; or (2) Any vessel equipped with any type of bypass mechanism that reduces or eliminates the effectiveness of the muffler or baffler system required by Code Section 52-7-10." SECTION 7. Said article is further amended by striking Code Section 52-7-26, relating to penalties, and inserting in lieu thereof the following: "52-7-26. (a) Except as otherwise provided in this article, any person who violates this article or any rule or regulation promulgated hereunder shall be guilty of a misdemeanor. (b) Any person who violates any provision of Code Section 52-7-7.1, 52-7-7.2, or 527-7.5 shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years, by a fine of not more than $50,000.00, or by both such fine and imprisonment." SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. The 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 E Anderson Y Crawford Y Cummings Y Davis Y Hill, C.A N Holmes Y Holt Y Martin Y Maxwell Y May Sailor Y Scheid Y Scott, A 3274 JOURNAL OF THE HOUSE Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce Y Bryant N Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Day Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree Y Henson Y Hill, C Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson E 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 E Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Lucas Lunsford Y Maddox N Mangham Y Manning Y Marin Y McCall E McClinton Y Meadows E Millar E Mills Y Mitchell N Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 E 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 149, nays 14. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1008. By Representative Carter of the 159th: A BILL to be entitled an Act to amend Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Hospice Law," so as to provide that palliative care may be provided under hospice to patients with advanced and progressive diseases with a life expectancy of more than six months; to revise certain definitions relating to hospice care; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: MONDAY, MARCH 13, 2006 3275 A BILL To amend Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Hospice Law," so as to provide that palliative care may be provided under hospice to patients with advanced and progressive diseases; to revise certain definitions relating to hospice care; to provide for 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. Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Hospice Law," is amended by striking Code Section 31-7-172, relating to definitions, and inserting in lieu thereof the following: "31-7-172. As used in this article, the term: (1) 'Advanced and progressive disease' means a serious life-threatening medical condition which is irreversible and which will continue indefinitely, where there is no reasonable hope of recovery, but where the patient's medical prognosis is one in which there is a life expectancy of up to two years. This term does not include terminally ill patients as defined in paragraph (12) of this Code section. (2) 'Bereavement services' means the supportive services provided to the family unit to assist it in coping with the patient's death, including follow-up assessment and assistance through the first year after death. (2)(3) 'Department' means the Department of Human Resources. (4) 'Health care facility' means hospitals; other special care units, including but not limited to podiatric facilities; skilled nursing facilities; intermediate care facilities; personal care homes; ambulatory surgical or obstetrical facilities; health maintenance organizations; home health agencies; and diagnostic, treatment, or rehabilitation centers. (3)(5) 'Hospice' means a public agency or private organization or unit of either providing to persons terminally ill and to their families, regardless of ability to pay, a centrally administered and autonomous continuum of palliative and supportive care, directed and coordinated by the hospice care team primarily in the patient's home but also on an outpatient and short-term inpatient basis and which is classified as hospice by the department. In addition, such public agency or private organization or unit of either may also provide palliative care to persons with advanced and progressive diseases and to their families, directed and coordinated by the hospice care team. (4)(6) 'Hospice care' means both regularly scheduled care and care available on a 24 hour on-call basis, consisting of medical, nursing, social, spiritual, volunteer, and bereavement services substantially all of which are provided to the patient and to the patient's family regardless of ability to pay under a written care plan established and 3276 JOURNAL OF THE HOUSE periodically reviewed by the patient's attending physician, by the medical director of the hospice program, and by the hospice care team. (5)(7) 'Hospice care team' means an interdisciplinary working unit composed of members of the various helping professions (who may donate their professional services), including but not limited to: a physician licensed or authorized to practice in this state, a registered professional nurse, a social worker, a member of the clergy or other counselor, and volunteers who provide hospice care. (6)(8) 'Hospice patient family unit' means the terminally ill person or person with an advanced and progressive disease and his or her family, which may include spouse, children, siblings, parents, and other relatives with significant personal ties to the patient. (7)(9) 'License' means a license issued by the department. (8)(10) 'Palliative care' means those interventions by the hospice care team which are intended to alleviate suffering and to achieve relief from, reduction of, or elimination of pain and of other physical, emotional, social, or spiritual symptoms of distress to achieve the best quality of life for the patients and their families. (9)(11) 'Patient' means a terminally ill individual receiving the hospice continuum of services, regardless of ability to pay, and also means an individual with an advanced and progressive disease. (10)(12) 'Terminally ill' means that the individual is experiencing an illness for which therapeutic intervention directed toward cure of the disease is no longer appropriate, and the patient's medical prognosis is one in which there is a life expectancy of six months or less." SECTION 2. Said article is further amended by striking Code Section 31-7-176, relating to responsibilities of provider of hospice care, and inserting in lieu thereof the following: "31-7-176. (a) The hospice care program shall coordinate its services with those of the patient's primary or attending physicians, and may contract out for elements of services rendered to the patient and family unit, but not for the basic hospice care services, provided by physicians, attending nurses, and counselors. The hospice care team shall be responsible for coordination of inpatient, outpatient, and home care aspects of care. (b) Hospice services must meet all applicable definitions provided for in Code Section 31-7-172. (c) A hospice program of care shall not impose the dictates of any value or belief system on its patients and their family units. (d)(1) Notwithstanding any inconsistent provision of this article to the contrary, a hospice may, in addition to providing care to terminally ill individuals, also provide palliative care for patients with advanced and progressive diseases and for their families. Such care may be provided by a hospice acting alone or under contract with a health care facility. MONDAY, MARCH 13, 2006 3277 (2) Nothing in this subsection shall prevent the provision of palliative care for patients with advanced and progressive diseases and for their families by any other health care provider otherwise authorized to provide such care." 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 E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler N 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 Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin 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, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson E 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 E Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell May Y McCall E McClinton Y Meadows E Millar E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish 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 N Royal Y Rynders Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker 3278 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 159, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Forster of the 3rd and Lucas of the 139th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HR 1345. By Representatives Smith of the 129th, Burkhalter of the 50th, Roberts of the 154th, Sailor of the 93rd, Walker of the 107th and others: A RESOLUTION proposing an amendment to the Constitution, in a manner consistent with the United States Constitution, so as to prevent discrimination in the public funding of social services by allowing religious or faith based organizations to receive public aid, directly or indirectly, for the provision of such services; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y 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 Burmeister Y Burns Y Crawford N Cummings Y Davis Y Day N Dean Y Dickson N Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster N Franklin Y Freeman N Gardner Y Geisinger Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E 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 E Martin Y Maxwell Y May N McCall E McClinton Y Meadows E Millar Y 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 N Parham N Parrish Y Parsons Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M MONDAY, MARCH 13, 2006 3279 Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox Y 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 Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox Y Mangham Y Manning N Marin N Porter N Powell Y Ralston N Randall Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers N Royal Y Rynders N Thomas, B Y Tumlin Y Walker E Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 95, nays 74. The Resolution, having failed to receive the requisite constitutional majority, was lost. 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. Representative Sailor of the 93rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. The Speaker announced the House in recess until 8:30 o'clock, this evening. The Speaker called the House to order. The following Resolutions of the House were read: HR 1798. By Representatives Morris of the 155th, Parrish of the 156th and Porter of the 143rd: A RESOLUTION expressing regret at the passing of Wayne H. Sumner; and for other purposes. HR 1799. By Representatives Orrock of the 58th, Benfield of the 85th, Drenner of the 86th, Morgan of the 39th, Gardner of the 57th and others: A RESOLUTION remembering and honoring the life of Mrs. Cherry Waldrep Clements; and for other purposes. HR 1800. By Representative Channell of the 116th: A RESOLUTION expressing regret at the passing of William J. Breeding; and for other purposes. 3280 JOURNAL OF THE HOUSE HR 1801. By Representatives Bordeaux of the 162nd, Cummings of the 16th, Hanner of the 148th, Parham of the 141st, Dodson of the 75th and others: A RESOLUTION congratulating former Speaker of the House Thomas B. Murphy on the occasion of his 82nd birthday; and for other purposes. HR 1802. By Representatives Heard of the 114th, Kidd of the 115th and Smith of the 113th: A RESOLUTION commending Mrs. Carrie Hill Dillard on the occasion of her retirement; and for other purposes. HR 1803. By Representative Anderson of the 123rd: A RESOLUTION recognizing Ms. Gwendolyn Williams for all her contributions as an educator; and for other purposes. HR 1804. By Representatives Byrd of the 20th, Hill of the 21st, Scheid of the 22nd and Murphy of the 23rd: A RESOLUTION commending the Cherokee County Republican Women's Club; and for other purposes. HR 1805. By Representatives Day of the 163rd, Burkhalter of the 50th, Yates of the 73rd, Ehrhart of the 36th, Fleming of the 117th and others: A RESOLUTION commending Alpha Company of the 648th Engineer Battalion (Sapper) of the United States Army Corps of Engineers; and for other purposes. HR 1806. By Representatives Maxwell of the 17th and Richardson of the 19th: A RESOLUTION commending Mary Louise Hollingshed; and for other purposes. HR 1807. By Representatives Lane of the 158th, Burns of the 157th, Parrish of the 156th and Barnard of the 166th: A RESOLUTION congratulating the Statesboro High School Blue Devils Class AAAA champion football team; and for other purposes. HR 1808. By Representatives Drenner of the 86th, Henson of the 87th and Benfield of the 85th: MONDAY, MARCH 13, 2006 3281 A RESOLUTION commending Jan Dunaway; and for other purposes. HR 1809. By Representatives Drenner of the 86th and Henson of the 87th: A RESOLUTION commending Lee F. Swaney; and for other purposes. HR 1810. By Representatives Drenner of the 86th, Benfield of the 85th and Henson of the 87th: A RESOLUTION commending Tony J. Scipio for his service to law enforcement and the citizens of this state; and for other purposes. HR 1811. By Representatives Day of the 163rd, Burkhalter of the 50th, Yates of the 73rd, Fleming of the 117th, Ehrhart of the 36th and others: A RESOLUTION commending Captain Jason P. Ball; and for other purposes. HR 1812. By Representatives Cooper of the 41st, Millar of the 79th, Hatfield of the 177th, Brown of the 69th and Smith of the 131st: A RESOLUTION commending Dr. William Hardcastle; and for other purposes. HR 1813. By Representatives Williams of the 4th and Dickson of the 6th: A RESOLUTION commending Pleasant Grove Elementary School on receiving a Single Statewide Accountability System Bronze Award from the Governor's Office of Student Achievement; and for other purposes. HR 1814. By Representative Jamieson of the 28th: A RESOLUTION honoring Patricia Kesler and congratulating her upon being elected Governor of the Georgia District of Pilot International; and for other purposes. HR 1815. By Representative Jamieson of the 28th: A RESOLUTION congratulating the PBX\Telecommmunicators Club of Toccoa; and for other purposes. HR 1816. By Representatives Oliver of the 83rd and Gardner of the 57th: 3282 JOURNAL OF THE HOUSE A RESOLUTION remembering Mary Baker Eddy during Women's History Month for her contributions to humanity and the advancement of women; and for other purposes. HR 1817. By Representative Maddox of the 172nd: A RESOLUTION commending James Christopher Harrell on becoming an Eagle Scout; and for other purposes. HR 1818. By Representative Greene of the 149th: A RESOLUTION congratulating Lodge 187 of the Woodmen of the World on its 100th anniversary; and for other purposes. On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Ashe 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 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 Y Dodson Y Dollar Drenner Dukes Y Ehrhart Y England Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Y Hudson Y Hugley Jackson Jacobs Y James Y Jamieson Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Jordan Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Lane, B E Lane, R Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Martin Y Maxwell Y May McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Orrock Parham Y Parrish Y Parsons Y Porter Powell Y Ralston Randall Y Ray Reece, B 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 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 Teilhet Thomas, A.M Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Wix MONDAY, MARCH 13, 2006 3283 Cooper Y Cox Y Henson Y Hill, C Manning Marin Y Royal Y Rynders Y Yates Richardson, Speaker On the adoption of the Resolutions, the ayes were 133, nays 0. The Resolutions were adopted. Representatives Jenkins of the 8th and Lane of the 158th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR MONDAY, MARCH 13, 2006 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 13, 2006, by adding the following: UNCONTESTED HOUSE/SENATE RESOLUTIONS HR 1109 Samuel Ernest Vandiver, Jr. Interchange; dedicate HR 1661 Hershel Stokes Memorial Overpass; dedicate Open Rule HB 731 HB 907 HB 910 HB 931 HB 953 HB 1239 HB 1279 HB 1335 HB 1372 HB 1391 HB 1423 HB 1497 HB 1501 HB 1542 Judicial Retirement; juvenile court judge; creditable service Wholesale Licensure and Prescription Medication Integrity Act; enact Cemeteries and funeral services; amend certain provisions Ad valorem taxes; transfer of tax executions; amend certain provisions Law enforcement officer; change definition Education; annual instruction in criminal law; require Probate court; certain employees; state health benefit plan; provisions Law enforcement officer; hiring; first offender record; review State health benefit plans; termination of coverage; provisions State Licensing Board for Residential and General Contractors; change provisions Gwinnett County; superior court; change terms Vicious dogs; requirements for owners; provide County ordinance violations; maximum fines; change provisions Contractors; licensing requirements; extend date 3284 JOURNAL OF THE HOUSE Modified Open Rule None Modified Structured Rule None Structured Rule HB 429 HB 1160 HB 1216 HB 1294 HB 1323 HB 1403 HR 1339 Setoff debt collection; claimant agencies; include public housing authorities Taxable net income; certain companies; provide adjustments All-terrain vehicles; law enforcement agencies; allow use Education; nonlapsing revenue of institutions; change certain provisions Local government; infrastructure development districts; provide Sales and use tax; certifying additional municipalities; change provisions Infrastructure development districts; General Assembly; authorize creation 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 and Resolutions of the House were taken up for consideration and read the third time: HB 1391. By Representative Burkhalter of the 50th: 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 certain provisions relating to creation of the State Licensing Board for Residential and General Contractors, membership, divisions, vacancies, qualifications, terms, and meetings; to change certain provisions relating to appointment of members, chairperson, meetings and quorums, and assistance from professional licensing boards division; to repeal conflicting laws; and for other purposes. The following amendment was read and adopted: Representatives Burkhalter of the 50th and Harbin of the 118th move to amend HB 1391 by striking lines 14 and 15 of page 1 and inserting in lieu thereof the following: MONDAY, MARCH 13, 2006 3285 (a) There is created the State Licensing Board for Residential and General Contractors consisting of 14 15 members, 14 of whom shall be appointed by the Governor for fiveyear terms and one of whom shall be appointed by the Speaker of the House of Representatives for a five-year term. The board. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson 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 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 Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Drenner Dukes Y Ehrhart Y England Epps Y Everson 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 Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Y Hudson Y Hugley Jackson Jacobs Y James Y Jamieson Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 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 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 Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker E 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, as amended, the ayes were 139, nays 0. 3286 JOURNAL OF THE HOUSE The Bill, having received the requisite constitutional majority, was passed, as amended. Representatives Jenkins of the 8th, Lane of the 158th, Lucas of the 139th, Powell of the 29th, Thomas of the 55th, and Willard of the 49th 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 429. By Representatives Smith of the 168th, Rogers of the 26th, Manning of the 32nd, Coleman of the 144th and Graves of the 137th: A BILL to be entitled an Act to amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relative to the setoff of debt collection, so as to authorize a setoff of certain debts owed to public housing authorities; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relative to the setoff of debt collection, so as to authorize a setoff of certain debts owed to public housing authorities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relative to the setoff of debt collection, is amended by striking in its entirety paragraph (1) and inserting in lieu thereof the following: "(1) 'Claimant agency' means and includes, in the order of priority set forth below: (A) The Department of Human Resources with respect to collection of debts under Chapter 9 of Title 37, Article 1 of Chapter 11 of Title 19, and Code Section 49-4-15; (B) The Georgia Student Finance Authority with respect to the collection of debts arising under Part 3 of Article 7 of Chapter 3 of Title 20; (C) The Georgia Higher Education Assistance Corporation with respect to the collection of debts arising under Part 2 of Article 7 of Chapter 3 of Title 20; (D) The State Medical Education Board with respect to the collection of debts arising under Part 6 of Article 7 of Chapter 3 of Title 20; (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 MONDAY, MARCH 13, 2006 3287 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; and (G) Public housing authorities with respect to the collection of debt related to occupying public housing; provided, however, that the public housing authority establishes that the debtor has been afforded required due process rights by the public housing authority with respect to the debt and all reasonable collection efforts have been exhausted. This subparagraph shall apply only to a debt owed by an occupant of public housing who has moved from the property." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E 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 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 Y Dean Y Dickson Y Dodson Y Dollar Drenner Dukes Y Ehrhart Y England Y Epps Y Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Lane, B E Lane, R Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Neal Y Oliver O'Neal Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston 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 Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker 3288 JOURNAL OF THE HOUSE Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Randall Y Ray Y Reece, B Y Reece, S Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E 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 144, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Lane of the 158th and Thomas of the 55th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 953. By Representatives Chambers of the 81st, Geisinger of the 48th, Day of the 163rd and Bearden of the 68th: A BILL to be entitled an Act to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia State Indemnification Fund, so as to change the definition of law enforcement officer; to repeal conflicting laws; and for other purposes. The following amendment was read and adopted: Representatives Bearden of the 68th and Chambers of the 81st move to amend HB 953 by striking lines 10 and 11 of page 1 and inserting in lieu thereof the following: subdivision or municipality thereof, or an authority or instrumentality of this state or a political subdivision thereof who, as a full-time or part-time employee, is enrolled in a basic training course for purposes of Code Section 35-8-9 in a school certified by the Georgia Peace Officer Standards and Training Council or is vested either. 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: MONDAY, MARCH 13, 2006 3289 E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Drenner Dukes Y Ehrhart Y England Y Epps Y Everson 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 Howard, E Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 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 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 Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, as amended, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. Representatives Benfield of the 85th and Jenkins of the 8th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1372. By Representative Harbin of the 118th: A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit 3290 JOURNAL OF THE HOUSE plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide for the introduction and consideration of bills impacting the state health benefit plans; 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 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; 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 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, is amended striking Code Section 45-18-5, relating to county officers and employees, and inserting in lieu thereof a new Code Section 45-18-5 to read as follows: "45-18-5. (a) The board is authorized to contract with the various counties of this state for the inclusion of the employees of any county within any health insurance plan or plans established under this article. The various counties of this state are authorized to contract with the board as provided in this Code section. In the event that any such contract is entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its employees such payment as may be required under any health insurance plan and to remit the same to the board for inclusion in the health insurance fund. In addition, it shall be the duty of such county or counties to make the employer contributions required for the operation of such plan or plans. Should such county or counties fail to remit such deductions or such employer contributions, the commissioner may, not less than 30 days after written notice was sent to such county or counties via certified mail, terminate the coverage for such employees as of the day following the last day of the month after which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. If coverage is not so reinstated, the commissioner may recover the amount of any claims paid on behalf of such employees from the employer. (b) County officials may elect to be included in a health insurance plan, health maintenance organization, or other health benefits plan offered or provided by a county MONDAY, MARCH 13, 2006 3291 for its county officials or any health plan or plans established under this article. The governing authority of a county may elect by majority vote to provide for payment in a uniform manner of any portion, all, or none of the employer contributions for or required premiums or payments due from the county officials or former county officials who under this Code section are eligible for inclusion in the health plan or plans established under this article. The board is authorized to contract with the County Officers Association of Georgia on behalf of the various counties of this state for the inclusion in any health insurance plan or plans established under this article of officials, spouses, and dependents of officials serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority and officials, spouses, and dependents of officials leaving office on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority. The County Officers Association of Georgia is authorized to contract with the board as provided in this Code section. In the event that such a contract is entered into, it shall be the duty of the County Officers Association of Georgia to collect from the various counties of this state with which it has contracted under this subsection and remit to the board such payment as may be required under any health insurance plan for inclusion in the health insurance fund. The County Officers Association of Georgia may add a reasonable fee to the premiums required under the plan to cover necessary administrative costs. In addition, it shall be the duty of the County Officers Association of Georgia to maintain and remit to the board accurate records of official, dependent, and other information required by the board to administer this Code section. Should the County Officers Association of Georgia fail to remit such payment, the commissioner may, not less than 30 days after written notice was sent to the County Officers Association of Georgia via certified mail, terminate the coverage for such officials as of the day following the last day of the month after which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. If coverage is not so reinstated, the commissioner may recover the amount of any claims paid on behalf of such officials from the County Officers Association of Georgia. (c) The various counties of this state are authorized to contract with the County Officers Association of Georgia for the inclusion in any health insurance plan or plans established under this article of officials, spouses, and dependents of officials serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority and officials, spouses, and dependents of officials leaving office on or after December 31, 1996, who have served at least 12 years in one or more of the 3292 JOURNAL OF THE HOUSE following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority. The County Officers Association of Georgia is authorized to contract with the various counties of the state as provided in this Code section. In the event that any such contracts are entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its officials and otherwise collect from former officials such payment as may be required under any health insurance plan and to remit the same to the County Officers Association of Georgia for payment to the board. To the extent employer contributions are not fully made by a county, it shall be the duty of the covered officials and former officials to make such employer contributions required on their behalf for the operation of such plan or plans. Should the County Officers Association of Georgia fail to remit such payment, the commissioner may, not less than 30 days after written notice was sent to the County Officers Association of Georgia via certified mail, terminate the coverage for such officials as of the day following the last day of the month after which such deductions on such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. If coverage is not so reinstated, the commissioner may recover the amount of any claims paid on behalf of such officials from the County Officers Association of Georgia. (c.1) Any local board of education may elect for members thereof and their spouses and dependents to be included in any health plan or plans established under Code Section 20-2-918. It shall be the duty of any local boards of education so electing to deduct from the salary or other compensation of its members such payment as may be required under paragraph (1) of subsection (b) of Code Section 20-2-55 and to remit the same to the health insurance fund created under Code Section 20-2-918. Should any local board of education fail to remit such payment to the board, the provisions of subsection (b) of Code Section 20-2-920 shall be applicable to such nonpayment. (d) In administering this Code section, it shall be the responsibility of the board to develop rates for coverage based on the actual claims experience of the individuals covered by this Code section. The board shall require a bond, not to exceed one year's annual premium, satisfactory to the commissioner to assure the contractual performance of any entities with which it contracts under this Code section. (e) Nothing in this Code section shall preclude the exercise of any options or rights otherwise available to such county officers or members of local boards of education under other state or federal laws which relate to extension or continuation of health benefits." SECTION 2. Said chapter is further amended by striking Code Section 45-18-5.1, relating to licensed blind or otherwise seriously disabled vendors, and inserting in lieu thereof a new Code Section 45-18-5.1 to read as follows: MONDAY, MARCH 13, 2006 3293 "45-18-5.1. The Department of Labor is authorized to contract with the Georgia Cooperative Services for the Blind, Inc., a nominee agent designated by the Division of Rehabilitation Services of the Department of Labor, for the inclusion of licensed blind persons or other persons with disabilities operating a vending facility in accordance with Article 2 of Chapter 15 of Title 34 within any health insurance plan or plans established under this article. In the event any contract is entered into, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to deduct the payment required under the plan from the earnings or other compensation of licensed blind persons or other persons with disabilities and remit it to the Department of Labor for inclusion in the health insurance fund. In addition, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to make the employer contributions required for the operation of such plan or plans. Should the Georgia Cooperative Services for the Blind, Inc., fail to remit such payment, the commissioner may, not less than 30 days after written notice was sent to the Georgia Cooperative Services for the Blind, Inc., via certified mail, terminate the coverage for such employees as of the day following the last day of the month after which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. If coverage is not so reinstated, the commissioner may recover the amount of any claims paid on behalf of such employees from the Georgia Cooperative Services for the Blind, Inc." SECTION 3. Said chapter is further amended by striking Code Section 45-18-5.2, relating to sheltered employment center employees, and inserting in lieu thereof a new Code Section 45-185.2 to read as follows: "45-18-5.2. The board is authorized to contract with public and private nonprofit sheltered employment centers which contract with or employ persons within the Division of Rehabilitation Services of the Department of Labor and the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources for the inclusion of employees working in the sheltered employment centers within any health insurance plan or plans established under this article. The board is authorized to adopt regulations for entering into any contract. In the event any contract is entered into, it shall be the duty of the sheltered employment center to remit any funds that may be deducted from the earnings or other compensation of such sheltered employees for inclusion in the health insurance fund. In addition, it shall be the duty of the sheltered employment center to make the employer contributions required for the operation of such plan or plans. Should the sheltered employment center fail to remit such payment, the commissioner may, not less than 30 days after written notice was sent to the sheltered employment center via certified mail, terminate the coverage for such employees as of the day following the last day of the month after which such deductions or such employer contributions were remitted to the board. Coverage may 3294 JOURNAL OF THE HOUSE be reinstated upon the tender of any such deductions or employer contributions not previously remitted. If coverage is not so reinstated, the commissioner may recover the amount of any claims paid on behalf of such employees from the shelter employment center." SECTION 4. Said chapter is further amended by striking Code Section 45-18-7.1, relating to employees of the Georgia Development Authority, and inserting in lieu thereof a new Code Section 45-18-7.1 to read as follows: "45-18-7.1. The board is authorized to contract with the Georgia Development Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Development Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Development Authority to deduct from the salary or other remuneration of its employees such payment as may be required under the board's regulations. In addition, it shall be the duty of the Georgia Development Authority to make the employer contributions required for the operation of such plan or plans. Should the Georgia Development Authority fail to remit such payment, the commissioner may, not less than 30 days after written notice was sent to the Georgia Development Authority via certified mail, terminate the coverage for such employees as of the day following the last day of the month after which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. If coverage is not so reinstated, the commissioner may recover the amount of any claims paid on behalf of such employees from the Georgia Development Authority." SECTION 5. Said chapter is further amended by striking Code Section 45-18-7.2, relating to Agrirama Development Authority employees, and inserting in lieu thereof a new Code Section 4518-7.2 to read as follows: "45-18-7.2. The board is authorized to contract with the Georgia Agrirama Development Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Agrirama Development Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Agrirama Development Authority to deduct from the salary or other remuneration of its employees such payment as may be required under the board's regulations. In addition, it shall be the duty of the Georgia Agrirama Development Authority to make the employer contributions required for the operation of such plan or plans. Should the Georgia Agrirama Development Authority fail to remit such payment, the commissioner may, not less than 30 days after written notice was sent to the Georgia Agrirama Development Authority via certified mail, terminate MONDAY, MARCH 13, 2006 3295 the coverage for such employees as of the day following the last day of the month after which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. If coverage is not so reinstated, the commissioner may recover the amount of any claims paid on behalf of such employees from the Georgia Agrirama Development Authority." SECTION 6. Said chapter is further amended by striking Code Section 45-18-7.3, relating to employees of Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, and Sheriffs Retirement Fund of Georgia, spouses, and dependent children, and inserting in lieu thereof a new Code Section 45-18-7.3 to read as follows: "45-18-7.3. The board is authorized to contract with the Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, and the Sheriffs Retirement Fund of Georgia for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of said Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, and Sheriffs Retirement Fund of Georgia and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of said Peace Officers Annuity Benefit Fund, Georgia Firefighters Pension Fund, and Sheriffs Retirement Fund of Georgia to deduct from the salary or other remuneration of their employees such payment as may be required under the board's regulations. In addition, it shall be the duty of said Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, and Sheriffs Retirement Fund of Georgia to make the employer contributions required for the operation of such plan or plans. Should the Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, or Sheriffs Retirement Fund of Georgia fail to remit such payment, the commissioner may, not less than 30 days after written notice was sent to the Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, or Sheriffs Retirement Fund of Georgia, as the case may be, via certified mail, terminate the coverage for such employees as of the day following the last day of the month after which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. If coverage is not so reinstated, the commissioner may recover the amount of any claims paid on behalf of such employees from the Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, or Sheriffs Retirement Fund of Georgia, as the case may be." SECTION 7. Said chapter is further amended by striking Code Section 45-18-7.5, relating to employees of Georgia Housing and Finance Authority, spouses, and dependent children, and inserting in lieu thereof a new Code Section 45-18-7.5 to read as follows: "45-18-7.5. 3296 JOURNAL OF THE HOUSE The board is authorized to contract with the Georgia Housing and Finance Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Housing and Finance Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Housing and Finance Authority to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees, retired employees, or dependents as may be required under the board's regulations. In addition, it shall be the duty of the Georgia Housing and Finance Authority to make the employer contributions required for the operation of such plan or plans. Should the Georgia Housing and Finance Authority fail to remit such payment, the commissioner may, not less than 30 days after written notice was sent to the Georgia Housing and Finance Authority via certified mail, terminate the coverage for such employees as of the day following the last day of the month after which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. If coverage is not so reinstated, the commissioner may recover the amount of any claims paid on behalf of such employees from the Georgia Housing and Finance Authority." SECTION 8. Said chapter is further amended by striking Code Section 45-18-7.6, relating to employees of Georgia-Federal State Inspection Service, spouses, and dependent children, and inserting in lieu thereof a new Code Section 45-18-7.6 to read as follows: "45-18-7.6. The board is authorized to contract with the Georgia-Federal State Inspection Service for the inclusion in any health insurance plan or plans established under this article of the state employees of, retiring employees of, and employees who retired under the Employees Retirement System of Georgia on or before July 1, 2000, from the GeorgiaFederal State Inspection Service and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia-Federal State Inspection Service to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees or dependents as may be required under the board's regulations. In addition, it shall be the duty of the Georgia-Federal State Inspection Service to make the employer contributions required for the operation of such plan or plans. Should the Georgia-Federal State Inspection Service fail to remit such payment, the commissioner may, not less than 30 days after written notice was sent to the Georgia-Federal State Inspection Service via certified mail, terminate the coverage for such employees as of the day following the last day of the month after which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. If coverage is not so reinstated, the commissioner may recover the amount of any claims paid on behalf of such employees from the Georgia-Federal State Inspection Service." MONDAY, MARCH 13, 2006 3297 SECTION 9. Said chapter is further amended by striking Code Section 45-18-7.7, relating to employees and dependents of critical access hospitals in health plans, and inserting in lieu thereof a new Code Section 45-18-7.7 to read as follows: "45-18-7.7. (a) The board is authorized to contract with any public or nonprofit critical access hospital that meets such requirements as the department may establish for the inclusion of the employees and dependents of such critical access hospitals in any health plan established under this article. It shall be the duty of such critical access hospital to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees as may be required under the board's regulations. In addition, it shall be the duty of such critical access hospital to make the employer contributions required for the operation of such plan. Should any critical access hospital fail to remit such payment, the commissioner may, not less than 30 days after written notice was sent to such critical access hospital via certified mail, terminate the coverage for such employees as of the day following the last day of the month after which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. If coverage is not so reinstated, the commissioner may recover the amount of any claims paid on behalf of such employees from such critical access hospital. (b) The board is authorized to contract with any federally qualified health center, as defined in Section 1395x(aa)(4) of Title 42 of the United States Code Annotated, that meets such requirements as the department may establish for the inclusion of the employees and dependents of such federally qualified health centers in any health plan established under this article. It shall be the duty of the federally qualified health center to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees as may be required under the board's regulations. In addition, it shall be the duty of such federally qualified health center to make the employer contributions required by the board for the operation of such plan. The department shall make a determination, no later than January 1, 2005, as to whether a federally qualified health center is an agency or instrumentality of the State of Georgia. In the event that the department determines that such centers are agencies or instrumentalities of the State of Georgia, then all employees and dependents of such centers shall be eligible for inclusion in the state employees health insurance plan. Should any such federally qualified health center fail to remit such payment, the commissioner may, not less than 30 days after written notice was sent to such federally qualified health center via certified mail, terminate the coverage for such employees as of the day following the last day of the month after which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. If coverage is not so reinstated, the commissioner may recover the amount of any claims paid on behalf of such employees from such federally qualified health center. 3298 JOURNAL OF THE HOUSE (c) The authority granted to the board pursuant to Code Sections 45-18-5.1, 45-18-5.2, 45-18-7.1, 45-18-7.2, 45-18-7.3, 45-18-7.5, and 45-18-7.6; by this Code section; or by any other provision of this article may be exercised only upon a determination by the department that the employer is an agency or instrumentality of the State of Georgia or, if the department determines that such entities are not agencies or instrumentalities of the State of Georgia, then employees and dependents of such entities may be included in the state employees health insurance plan up to the point that such health plan would not be able to retain its exempt status under the federal Employee Retirement Income Security Act of 1974." SECTION 10. Said chapter is further amended by striking Code Section 45-18-16, relating to certification to departments and other entities of the state of employer payment percentage for ensuing fiscal year, and inserting in lieu thereof a new Code Section 4518-16 to read as follows: "45-18-16. On or before June 1 of each year Not less than 30 days prior to the commencement of the plan year, the commissioner of community health shall certify to the director or chief administrative officer of each state department, bureau, institution, board, commission, or authority having employees covered by this article the amount of percentage adopted by the board as employer payments for the ensuing fiscal year; and they shall, in their annual budget, make provisions for funds with which to pay the board the required employer payments." SECTION 11. This Act shall become effective on July 1, 2006. SECTION 12. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Benfield Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Drenner Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Y Hudson Y Hugley Jackson Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F MONDAY, MARCH 13, 2006 3299 Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Dukes Y Ehrhart Y England Y Epps Y Everson 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 Y Heckstall Y Hembree Y Henson Y Hill, C 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver O'Neal 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 Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1227. By Representatives England of the 108th, Coleman of the 97th, McCall of the 30th, Roberts of the 154th, Black of the 174th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to create the Agricultural Education Oversight Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, 3300 JOURNAL OF THE HOUSE relating to education accountability assessment programs, so as to create the Agricultural Education Advisory Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, is amended by adding a new part to read as follows: "Part 8 20-14-90. (a) There is created the Agricultural Education Advisory Commission. (b)(1) The commission shall consist of three members of the House of Representatives to be appointed by the Speaker of the House, at least one of whom shall be from the House Committee on Agriculture and Consumer Affairs and at least one of whom shall be from the House Committee on Education; three members of the Senate to be appointed by the Senate Committee on Assignments, at least one of whom shall be from the Senate Agriculture and Consumer Affairs Committee and at least one of whom shall be from the Senate Education and Youth Committee; three members who are not members of the General Assembly to be appointed by the Governor; and three members who are not members of the General Assembly to be appointed by the State School Superintendent. (2) Vacancies in the commission shall be filled in the same manner as the original appointments. (3)(A) Legislative members of the commission shall serve two-year terms concurrent with their terms as members of the General Assembly. (B) Nonlegislative members of the commission shall serve for two year terms concurrent with those terms of legislative members of the commission. (c) The Speaker of the House shall designate one of the commission members from the House of Representatives as a co-chairperson of the commission, and the Senate Committee on Assignments shall designate one of the commission members from the Senate as a co-chairperson of the commission. Each co-chairperson shall serve as such concurrent with his or her term as a member of the commission. (d)(1) The head of the agricultural education program of the Department of Education shall report annually to commission regarding the conditions, needs, issues, and problems of the program. (2) The commission shall periodically review the conditions, needs, issues, and problems related to the agricultural education program, issue annually a report on the MONDAY, MARCH 13, 2006 3301 same to the General Assembly, and recommend any action or legislation which the commission deems necessary or appropriate. (e)(1) 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 Code section. The commission shall meet upon the call of either co-chairperson. The commission shall meet not less than two nor more than four times annually. (2) The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8. Any citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Any members of the commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to the Department of Education. All other funds necessary to carry out the provisions of this Code section shall come from funds appropriated to the House of Representatives and the Senate. The expenses and allowances authorized by this paragraph shall not be received by members of the commission for more than four days annually." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam 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 Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Drenner Dukes Y Ehrhart Y England Y Epps Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Sailor Y Scheid Y Scott, A N Scott, M Y Setzler Y Shaw N Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P 3302 JOURNAL OF THE HOUSE Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox N Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster 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 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 E Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese N Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 152, nays 7. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Franklin of the 43rd 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 1228. By Representatives England of the 108th, Coleman of the 97th, McCall of the 30th, Roberts of the 154th, Black of the 174th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to create the Career and Technical Education Oversight Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, MONDAY, MARCH 13, 2006 3303 relating to education accountability assessment programs, so as to create the Career and Technical Education Advisory Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, is amended by adding a new part to read as follows: "Part 8 20-14-90. (a) There is created the Career and Technical Education Advisory Commission. (b)(1) The commission shall consist of three members of the House of Representatives to be appointed by the Speaker of the House, one of whom shall be from the House Committee on Economic Development and Tourism, one of whom shall be from the House Committee on Agriculture and Consumer Affairs, and one of whom shall be from the House Committee on Education; three members of the Senate to be appointed by the Senate Committee on Assignments, one of whom shall be from the Senate Economic Development Committee, one of whom shall be from the Senate Agriculture and Consumer Affairs Committee, and one of whom shall be from the Senate Education and Youth Committee; three members who are not members of the General Assembly to be appointed by the Governor; and three members who are not members of the General Assembly to be appointed by the State School Superintendent. (2) Vacancies in the commission shall be filled in the same manner as the original appointments. (3)(A) Legislative members of the commission shall serve two-year terms concurrent with their terms as members of the General Assembly. (B) Nonlegislative members of the commission shall serve for two year terms concurrent with those terms of legislative members of the commission. (c) The Speaker of the House shall designate one of the commission members from the House of Representatives as a co-chairperson of the commission, and the Senate Committee on Assignments shall designate one of the commission members from the Senate as a co-chairperson of the commission. Each co-chairperson shall serve as such concurrent with his or her term as a member of the commission. (d)(1) The head of the career and technical education program of the Department of Education shall report annually to commission regarding the conditions, needs, issues, and problems of the program. 3304 JOURNAL OF THE HOUSE (2) The commission shall periodically review the conditions, needs, issues, and problems related to the career and technical education program, issue annually a report on the same to the General Assembly, and recommend any action or legislation which the commission deems necessary or appropriate. (e)(1) 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 Code section. The commission shall meet upon the call of either co-chairperson. The commission shall meet not less than two nor more than four times annually. (2) The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8. Any citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Any members of the commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to the Department of Education. All other funds necessary to carry out the provisions of this Code section shall come from funds appropriated to the House of Representatives and the Senate. The expenses and allowances authorized by this paragraph shall not be received by members of the commission for more than four days annually." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Crawford Y Cummings N Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Drenner Dukes Y Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y Martin Y Maxwell May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Sailor Y Scheid Y Scott, A N Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield MONDAY, MARCH 13, 2006 3305 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 N Byrd Y Carter N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Ehrhart Y England Y Epps N Everson Y Fleming Y Floyd, H Y Floyd, J 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 James Y Jamieson Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 Randall Y Ray Y Reece, B Y Reece, S Y Reese N 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 Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Thomas, B Y Tumlin Y Walker E 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 148, nays 10. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Holmes of the 61st and Jenkins of the 8th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1244. By Representatives Scott of the 2nd, Reece of the 27th, Chambers of the 81st, Williams of the 4th, Graves of the 12th and others: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of the motor fuel tax, so as to change certain provisions regarding exemptions of sales by duly licensed bulk distributors with respect to public mass transit bases; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL 3306 JOURNAL OF THE HOUSE To amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of the motor fuel tax, so as to change certain provisions regarding exemptions of sales by duly licensed bulk distributors with respect to public mass transit buses; to provide for an additional exemption for a limited period of time with respect to certain vehicles operated by a public campus transportation system; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of the motor fuel tax, is amended by striking paragraph (10) of subsection (b) and inserting in its place a new paragraph (10) to read as follows: "(10)(A) During the period of July 1, 2005 2006, through June 30, 2008, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for public mass transit buses vehicles which are owned by state or local government or an entity created by local or general law of the General Assembly public transportation systems which receive or are eligible to receive funds pursuant to 49 U.S.C Sections 5307 and 5311 for which passenger fares are routinely charged and which buses vehicles are used exclusively for revenue generating purposes which motor fuel sales occur at bulk purchase facilities approved by the department. (B) During the period of July 1, 2006, through June 30, 2008, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for vehicles operated by a public campus transportation system, provided that such system has a policy which provides for free transfer of passengers from the public transportation system operated by the jurisdiction in which the campus is located; makes the general public aware of such free transfer policy; and receives no state or federal funding to assist in the operation of such public campus transportation system and which motor fuel sales occur at bulk purchase facilities approved by the department. (C) For purposes of this paragraph, the term 'vehicle' or 'vehicles' means buses, vans, minibuses, or other vehicles which have the capacity to transport seven or more passengers." 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: MONDAY, MARCH 13, 2006 3307 E 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 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 Y Dodson Y Dollar Drenner Y Dukes Y Ehrhart N England Y Epps Y Everson 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 Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 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 Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 163, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1307. By Representatives Loudermilk of the 14th, Martin of the 47th, Lewis of the 15th, Byrd of the 20th, Everson of the 106th and others: A BILL to be entitled an Act to amend Code Section 50-25-6 of the Official Code of Georgia Annotated, relating to the Georgia Register, so as to change certain provisions regarding the method of publishing and the contents of the publication; to provide an effective date; to repeal conflicting laws; and for other purposes. 3308 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: E 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 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 Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M 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 Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 163, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 1121. By Representatives Smith of the 131st, Smith of the 129th, Yates of the 73rd, Warren of the 122nd, Smith of the 168th and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official MONDAY, MARCH 13, 2006 3309 Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property used in direct connection with the construction or improvement of the National Infantry Museum and Heritage Park at Fort Benning; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption for a limited period of time with respect to sales of certain tangible personal property used in direct connection with the construction of a national infantry museum and heritage park facility; to provide for a definition; to provide for procedures, 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 sales and use taxes, is amended by striking "or" at the end of paragraph (81), by striking the period at the end of paragraph (82) and inserting in its place "; or", and by adding a new paragraph immediately following paragraph (82) to be designated paragraph (83) to read as follows: "(83)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from July 1, 2006, until June 30, 2008, sales of tangible personal property used in direct connection with the construction of a national infantry museum and heritage park facility. (B) As used in this paragraph, the term 'national infantry museum and heritage park facility' means a museum and park facility which is constructed after the effective date of this paragraph; is dedicated to the history of the American foot soldier; has more than 130,000 square feet of space; and has associated facilities, including, but not limited to, parking, parade grounds, and memorial areas. (C) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without paying the tax." SECTION 2. This Act shall become effective on July 1, 2006. 3310 JOURNAL OF THE HOUSE SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E 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 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 Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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, E 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Manning Y Marin Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M 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 Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. MONDAY, MARCH 13, 2006 3311 HB 1222. By Representatives Hatfield of the 177th, Fleming of the 117th, Ralston of the 7th, Bearden of the 68th, Byrd of the 20th and others: A BILL to be entitled an Act to provide a comprehensive revision, modernization, and reform of the laws of this state relating to operating motor vehicles while under the influence of alcohol, drugs, or other substances; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to provide legislative intent; to prohibit the operation of motor vehicles in this state while under the influence of alcohol, drugs, or other substances; to provide for implied consent to chemical testing; to provide definitions; to provide for chemical testing of persons suspected of driving under the influence of alcohol, drugs, or other substances; to provide for the procedures to obtain and perform such tests; to provide for the administration of certain warnings with regard to such tests; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To provide a comprehensive revision, modernization, and reform of the laws of this state relating to operating motor vehicles while under the influence of alcohol, drugs, or other substances; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide legislative intent; to prohibit the operation of motor vehicles in this state while under the influence of alcohol, drugs, or other substances; to provide for implied consent to chemical testing; to provide definitions; to provide for chemical testing of persons suspected of driving under the influence of alcohol, drugs, or other substances; to provide for the procedures to obtain and perform such tests; to provide for the administration of certain warnings with regard to such tests; to provide for independent tests under certain circumstances; to provide for certain qualifications of persons performing such tests and certain instruments used in such tests; to provide for the admission into evidence of the results of such tests and such certifications of testing instruments; to provide for certain immunities; to provide for certain disclosures; to provide for the taking of the driver's license of a person suspected of operating a motor vehicle while under the influence of alcohol, drugs, or other substances in certain circumstances; to provide for temporary driving permits under certain circumstances; to provide for certain reports by law enforcement officers and courts; to provide for the suspension and revocation of drivers licenses under certain circumstances; to provide for procedures for such suspensions and revocations; to provide for hearings in certain circumstances; to provide for reinstatement of drivers licenses under certain circumstances; to provide for compensation for law enforcement officers for attending hearings; to provide for sanctions and penalties for operating motor vehicles in this state while under the influence of alcohol, drugs, or other substances; to 3312 JOURNAL OF THE HOUSE prohibit the operation of a school bus while under the influence of alcohol, drugs, or other substances; to prohibit the operation of a motor vehicle while under the influence of alcohol, drugs, or other substances when transporting a child under the age of 14 years; to provide for the admissibility of certain evidence; to provide that legal entitlement to use alcohol, marijuana, or other drugs shall not constitute a defense; to provide that certain pleas shall constitute prior convictions for sentencing purposes; to provide for the adoption of such laws by ordinance by political subdivisions; to provide for the discretion of the court to accept certain pleas; to provide for the publication of the photographs and fact of conviction for certain offenders; to provide for the seizure and forfeiture of certain vehicles operated by certain violators; to provide for related matters; to amend various provisions of the Official Code of Georgia Annotated, so as to conform such provisions to the provisions of this Act; to provide for the applicability and effect of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I. SECTION 1-1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding a new Code Section 40-1-8 to read as follows: "40-1-8. (a) The State of Georgia considers that any person who drives or is in actual physical control of any vehicle in violation of the laws of this state by consuming a prohibited level of alcohol or by consuming any other drug constitutes a direct and immediate threat to the welfare and safety of the general public. (b) Any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent to a chemical test or tests of his or her blood, breath, urine, or other bodily substance for the purpose of determining the presence of alcohol or any other drug. (c) Any person who is dead, unconscious, or otherwise in a condition rendering such person incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (b) of this Code section, and the chemical test or tests of his or her blood, breath, urine, or other bodily substance may be administered as provided in Article 9 of Chapter 5 of this title." SECTION 1-2. Said title is further amended by adding a new Article 9 to Chapter 5, relating to drivers licenses, to read as follows: "ARTICLE 9 40-5-200. MONDAY, MARCH 13, 2006 3313 As used in this article, the term: (1) 'Adequate breath sample' means a breath sample sufficient to cause the breathtesting instrument to produce a printed alcohol concentration analysis. (2) 'Law enforcement officer' means any peace officer, jail officer, juvenile correctional officer, or law enforcement support personnel, as such terms are defined by Code Section 35-8-2, or any individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation to administer breath tests. (3) 'Medical facility' means a hospital, clinical laboratory, medical clinic, or similar medical institution. 40-5-201. A law enforcement officer is authorized to obtain one or more chemical tests of a person's blood, breath, urine, or other bodily substance for the purpose of determining the presence of alcohol or any other drug if there is probable cause to believe that such person operated or was in actual physical control of a motor vehicle in violation of any of the provisions of Part 2 of Article 15 of Chapter 6 of this title. The law enforcement officer shall designate which test or tests shall be administered. 40-5-202. (a) Prior to the administration of chemical tests to a person pursuant to this article, the implied consent notice as provided in subsection (c) of this Code section shall be read to such person. (b) The notices provided in subsections (c) and (d) of this Code section shall be read in their entirety but need not be read exactly so long as the substance of the notice remains unchanged. If such notice is used to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section. The informing of or failure to inform the accused person concerning the implied consent law shall not affect the admissibility of such results in any case, including a prosecution for a violation of Part 2 of Article 15 of Chapter 6 of this title. The informing of an accused person concerning the implied consent law shall only have application to and be relevant at a hearing concerning suspension of the driver's license of said person for a violation of the implied consent law. (c) At the time a chemical test or tests are requested, the following implied consent notice shall be read to the person: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substance for the purpose of determining if you are operating a motor vehicle under the influence of alcohol or drugs or with a prohibited substance in your body. If you submit to this testing, the results may be used against you in a court of law or in an administrative proceeding. If you refuse to submit to this testing, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year and your 3314 JOURNAL OF THE HOUSE refusal may be used as evidence against you. If you submit to the state's testing, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substance at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered testing under the implied consent law?' (d) In addition to the implied consent notice, if the person is driving, operating, or in physical control of a commercial motor vehicle, the following notice shall be read: 'If you submit to testing and the results indicate the presence of any alcohol, you will also be issued an out-of-service order and will be prohibited from operating a commercial motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.02 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year.' (e) If the person submits to the state administered test or tests, such person may have a qualified person of such person's choosing administer chemical tests in addition to any tests administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer. (f) Nothing in this article shall be deemed to preclude the acquisition or admission of such evidence if obtained by voluntary consent or a search warrant as authorized by the Constitution or laws of this state or of the United States. (g) Upon the request of the person who shall submit to a chemical test or tests designated by a law enforcement officer, a copy of the results of the test or tests shall be made available to such person or such person's attorney. 40-5-203. (a) Any test authorized by Code Section 40-5-201 shall be performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation. (b) Any test of a person's breath shall be performed on a machine approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation which machine shall be operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order. Such test shall be performed by an individual possessing a valid permit issued by the Division of Forensic Sciences for such purpose. (c) The Division of Forensic Sciences of the Georgia Bureau of Investigation shall approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, along with requirements for properly operating and maintaining any testing instruments, and to issue certificates certifying that instruments have met those requirements, which certificates and permits shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences. (d) In all cases where a law enforcement officer designates breath testing, two sequential breath samples shall be requested for the testing of alcohol concentration. For either or both of these sequential samples to be admissible in the state's or plaintiff's MONDAY, MARCH 13, 2006 3315 case-in-chief, the readings shall not differ from each other by an alcohol concentration of greater than 0.020 grams and the lower of the two results shall be determinative for accusation and indictment purposes and administrative license suspension purposes. No more than two sequential series of a total of two adequate breath samples each shall be requested by the law enforcement officer. A refusal to give an adequate sample or samples on any subsequent breath, blood, urine, or other bodily substance test shall not affect the admissibility of the results of any prior samples. 40-5-204. (a) Each time an approved breath-testing instrument is inspected, the inspector shall prepare a certificate which shall be signed under oath by the inspector and which shall include the following language: 'This breath-testing instrument (serial no. ______________ ) was thoroughly inspected, tested, and standardized by the undersigned on (date ______________) and all of its electronic and operating components prescribed by its manufacturer are properly attached and are in good working order.' (b) When properly prepared and executed, as prescribed in this Code section, the certificate shall, notwithstanding any other provision of law, be self-authenticating, shall be admissible in any court of law, and shall satisfy the requirements of this Code section and Code Section 40-5-203. 40-5-205. (a) In all cases where a law enforcement officer designates blood testing pursuant to Code Section 40-5-202 for the purpose of determining the alcohol or other drug content, the sample may be drawn by a physician, physician's assistant, qualified technician, chemist, registered nurse, licensed practical nurse, medical technologist, medical laboratory technician, emergency medical technician, certified paramedic, phlebotomist, or other personnel trained to draw blood. (b) For the purpose of establishing that a person was qualified to draw blood at the time the blood was drawn, the following shall be admissible as evidence: (1) Certification by the office of the Secretary of State or by the Department of Human Resources that a person who drew blood was licensed or certified in accordance with the laws, rules, or regulations of this state; (2) Records of a medical facility or employer, which records are duly certified by the custodian of such records as provided by Code Section 24-7-8, that certify that the person who drew the blood was properly trained and authorized to draw blood as an employee of the medical facility or employer; (3) Testimony, under oath, of the person who drew the blood; or (4) Testimony, under oath, of the supervisor of the person who drew the blood or the medical records custodian that the person who drew the blood was properly trained and authorized to draw blood as an employee of the medical facility or employer. (c) A medical facility, physician, physician's assistant, qualified technician, chemist, registered nurse, licensed practical nurse, medical technologist, medical laboratory 3316 JOURNAL OF THE HOUSE technician, emergency medical technician, certified paramedic, phlebotomist, or other personnel trained to draw blood; or a duly licensed clinical laboratory director, supervisor, technologist, technician, or employer thereof; or other person assisting a law enforcement officer shall not incur any civil, criminal, or administrative liability as a result of the withdrawal of a blood specimen requested in writing by a law enforcement officer with the consent of the accused as provided in subsection (d) of Code Section 40-5-202 or when ordered by a court of competent jurisdiction. Notwithstanding any other provision of law, obtaining a blood sample pursuant to this article shall not constitute the practice of medicine or any other profession relating to health care which is regulated, licensed, or certified by the state. 40-5-206. (a) Whenever any resident or nonresident person is charged with a violation of Part 2 of Article 15 of Chapter 6 of this title, the law enforcement officer shall take the driver's license of the person so charged. The driver's license shall be attached to the court's copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense unless the law enforcement officer is required to submit a report to the department pursuant to Code Section 40-5-207. Taking the driver's license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17. (b) At the time the law enforcement officer takes the driver's license, the officer shall issue a temporary driving permit to the person as follows: (1) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required by this article, the officer shall issue a 30 day temporary driving permit; (2) If the driver's license is required to be suspended under Code Section 40-5-208, the officer shall issue a 30 day temporary driving permit; or (3) If the test or tests administered pursuant to this article indicate an alcohol concentration less than the level for an administrative suspension of the license pursuant to Code Section 40-5-208 but there are reasonable grounds to believe that the person violated Code Section 40-6-410, the officer shall issue a 180 day temporary driving permit. (c) A temporary driving permit issued pursuant to subsection (b) of this Code section shall be valid for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The department, at its sole discretion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary driving permit may be delayed. (d)(1) If the person is convicted of violating or enters a plea of nolo contendere to a violation of any of the provisions of Part 2 of Article 15 of Chapter 6 of this title, the MONDAY, MARCH 13, 2006 3317 court shall, within ten days, forward the person's driver's license and the record of the disposition of the case to the department. If such person is in possession of a temporary driving permit issued pursuant to subsection (b) of this Code section, the court shall also require the person to surrender such temporary driving permit instanter. (2) If the person is not convicted of violating or does not enter a plea of nolo contendere to a violation of any of the provisions of Part 2 of Article 15 of Chapter 6 of this title and the court is in possession of the driver's license, the court shall return the driver's license to the person unless the license is in suspension for any other offense, in which case the court shall forward the license to the department for disposition. 40-5-207. (a) A law enforcement officer shall submit a report to the department if: (1) A person submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a suspension or disqualification is required under this article; or (2) A person refuses to submit to a chemical test designated by a law enforcement officer as provided in this article. (b) A report submitted pursuant to subsection (a) of this Code section shall be in writing, signed by a law enforcement officer and in such form as the department shall prescribe. Such report may be submitted electronically in accordance with Chapter 12 of Title 10, the 'Georgia Electronic Records and Signatures Act.' The signature of the officer, whether actual or electronic, shall be considered an attestation of the officer that the facts contained therein are true and correct. (c) A law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under Code Section 40-5-208. (d) The law enforcement officer shall forward the person's driver's license to the department along with the notice of intent to suspend or disqualify and the report required by subsections (a) and (b) of this Code section within ten calendar days after the date of the arrest of such person. This subsection shall not apply to any person issued a 180 day temporary permit pursuant to subsection (b) of Code Section 40-5206. The failure of the officer to transmit the report required by this Code section within ten calendar days shall not prevent the department from accepting such report and utilizing it in the suspension of a driver's license as provided in this article. 40-5-208. (a) Upon the receipt of the report of the law enforcement officer, the department shall suspend the person's driver's license, permit, or nonresident operating privilege pursuant to Code Section 40-5-209 if: 3318 JOURNAL OF THE HOUSE (1) The person submitted to a chemical test at the request of a law enforcement officer and the test results indicated that: (A) The person had an alcohol concentration of 0.08 grams or more; (B) The person had an alcohol concentration of 0.02 grams or more and the person was under the age of 21; or (C) The person had an alcohol concentration of 0.02 grams or more and the person was operating or was in actual physical control of a moving commercial motor vehicle; or (2) The person refused to submit to the chemical test requested by a law enforcement officer. (b) If notice has not been given by a law enforcement officer pursuant to Code Section 40-5-207, the department, upon receipt of the report of such officer, shall suspend the person's driver's license, permit, or nonresident operating privilege or disqualify such person from operating a motor vehicle and, by regular mail, at the last known address, notify such person of such suspension or disqualification. The notice shall inform the person of the grounds of suspension or disqualification, the effective date of the suspension or disqualification, and the right to review. The notice shall be deemed received three days after mailing. (c) The period of suspension provided for in this Code section shall be for a minimum period of one year; provided, however, that such suspension shall be subject to review as provided in this chapter. If the person was operating or in actual physical control of a commercial motor vehicle, the department shall disqualify the person from operating a commercial motor vehicle and shall suspend the person's driver's license, permit, or nonresident operating privilege, subject to review as provided for in this chapter. (d) If the person is a resident without a driver's license, commercial driver's license, or permit to operate a motor vehicle in this state, the department shall deny issuance of a license or permit to such person for the same period provided in subsection (c) of this Code section for suspension of a license or permit or disqualification to operate a commercial motor vehicle, subject to review as provided for in this chapter. (e) Any driver's license required to be suspended under the provisions of this Code section shall be suspended subject to the following terms and conditions: (1) Upon the first suspension pursuant to this Code section or former 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 driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program 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 driver's license suspended pursuant to this Code section shall not become valid and shall remain suspended until such person submits proof of completion of a MONDAY, MARCH 13, 2006 3319 DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee; (2) Upon the second suspension pursuant to this Code section within five years or a suspension imposed pursuant to this Code section within five years of a suspension imposed pursuant to former Code Section 40-5-67.1, 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 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 driver's license suspended pursuant to this Code section shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee; and (3) Upon the third or subsequent suspension pursuant to this Code section singularly or in combination with any suspension or suspensions imposed pursuant to former 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 driver's license suspended pursuant to this Code section shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the 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. (f) An administrative license suspension pursuant to this Code section shall be counted toward fulfillment of any period of suspension subsequently imposed as a result of a conviction of violating Code Section 40-6-410, 40-6-411, 40-6-412, or 40-6-413 which arises out of the same violation for which the administrative license suspension was imposed. An administrative license suspension pursuant to this Code section shall run concurrently with any revocation of such driver's license pursuant to a subsequent determination that such person is a habitual violator. (g) 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 department's discretion shall be guided by the driver's past driving record and performance. The driver shall pay a restoration fee of $210.00, or $200.00 when processed by mail. (h) Any other provision of law to the contrary notwithstanding, a driver with no previous conviction for a violation of Code Section 40-6-410, 40-6-411, 40-6-412, or 40-6-413 or former Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the 3320 JOURNAL OF THE HOUSE current arrest, during the period of administrative suspension contemplated under this article, shall be entitled to a limited driving permit as provided in Code Section 40-564. 40-5-209. (a)(1) A person whose driver's license is suspended or a person who is disqualified from operating a commercial motor vehicle pursuant to this article shall request, in writing, a hearing within ten business days from the date of personal notice or receipt of notice sent by certified mail or statutory overnight delivery, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded. (2) The scope of the hearing shall be limited to the following issues: (A) Whether the law enforcement officer had reasonable grounds to believe the person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol, a drug, or any combination thereof or had a prohibited substance in his or her body; (B) Whether the law enforcement officer requested the person to submit to a state administered chemical test; (C) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test; and (D)(i) Whether the person refused the test; or (ii)(I) Whether a test or tests were administered and the results indicated an alcohol concentration of 0.08 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, an alcohol concentration of 0.02 grams or more; and (II) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order. A copy of the operator's permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph. (3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the driver's license suspension or disqualification. If no hearing is requested within ten business days as specified in MONDAY, MARCH 13, 2006 3321 paragraph (1) of this subsection, and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the driver's license; provided, however, that if the hearing is timely requested and is not held before the expiration of the temporary permit and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officer's decision is made. (4) In the event the person is acquitted of a violation of Code Section 40-6-410, 40-6411, 40-6-412, or 40-6-413 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated and deleted from the driver's license record. An accepted plea of nolo contendere shall be entered on the driver's license record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 40-6-410, 40-6-411, 40-6-412, or 40-6-413. In the event of an acquittal or other disposition other than by a conviction or plea of nolo contendere, the driver's license restoration fee shall be promptly returned by the department to the licensee. (b) If the suspension is sustained after such a hearing, the person whose license has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision, as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' While such appeal is pending, the order of the department shall not be stayed. 40-5-210. (a) Subject to the limitations of this subsection, any law enforcement officer who attends a hearing provided for by Code Section 40-5-209 for the purpose of giving testimony relative to the subject of such hearing shall be compensated in the same amount as is authorized as per diem for law enforcement officers pursuant to Code Section 24-10-27 for each day's attendance at such hearing. In the event a law enforcement officer gives testimony at two or more different hearings on the same day, such officer shall receive only $20.00 for attendance at all hearings. (b) The compensation provided for in this Code section shall not be paid to any law enforcement officer who is on regular duty or who is on a lunch or other break from regular duty at the time the officer attends any such hearing. The compensation provided for by this Code section shall be paid to the law enforcement officer by the department from department funds at such time and in such manner as the commissioner shall provide by rule. (c) A law enforcement officer requesting compensation pursuant to this Code section shall submit a request for payment in such form as the commissioner shall prescribe by rule. Such form shall be signed by the officer, attesting that the officer: (1) Appeared at the implied consent hearing as a witness or complainant on the date and time shown in the request; (2) Was not on regular duty at the time of attending the hearing; and 3322 JOURNAL OF THE HOUSE (3) Has not received and will not receive compensation from such officer's regular employer for attending the hearing. (d) A request for compensation shall be certified by the hearing officer who presided at the hearing for which compensation is requested." SECTION 1-3. Said title is further amended by redesignating the existing provisions of Article 15 of Chapter 6, relating to serious traffic offenses, as Part 1 and inserting a new Part 2 to read as follows: "Part 2 40-6-410. A person commits the offense of driving under the influence if such person drives or is in actual physical control of any moving vehicle while: (1) Under the influence of alcohol to the extent that it is less safe for the person to drive; (2) Under the influence of any drug or marijuana to the extent that it is less safe for the person to drive; (3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive; or (4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this Code section to the extent that it is less safe for the person to drive. 40-6-411. A person commits the offense of driving with a prohibited substance in his or her body if such person drives or is in actual physical control of any moving vehicle and such person has: (1) At any time within three hours after having driven or been in actual physical control of any moving vehicle, an alcohol concentration of 0.08 grams or more in such person's blood, breath, urine, or other bodily substance from alcohol consumed before or while driving or being in actual physical control of such motor vehicle; or (2) Any amount of a Schedule I controlled substance, as defined in Code Section 1613-25, present in such person's blood, urine, or other bodily substance, including the metabolites and derivatives of such controlled substances, without regard to whether any alcohol is present in the person's breath or blood. 40-6-412. A person commits the offense of driving a commercial motor vehicle with a prohibited substance in his or her body if such person drives or is in actual physical control of a commercial motor vehicle and has, at any time within three hours after having driven or been in actual physical control of such commercial motor vehicle, an alcohol MONDAY, MARCH 13, 2006 3323 concentration of 0.02 grams or more in such person's blood, breath, urine, or other bodily substance. 40-6-413. A person commits the offense of underage driving with a prohibited substance in his or her body if a person under 21 years of age drives or is in actual physical control of any moving vehicle and has, at any time within three hours of driving or being in physical control of such motor vehicle, an alcohol concentration of 0.02 grams or more in such person's blood, breath, urine, or other bodily substance from alcohol consumed before or while driving or being in actual physical control of such motor vehicle. 40-6-414. (a) Unless otherwise provided in this part, any person convicted of any violation of Code Sections 40-6-410 through 40-6-413 shall be punished as follows: (1) For a first conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a misdemeanor and shall be punished as follows: (A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (f) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated; provided, however, that, if the offender's alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph; (C) Not less than 40 hours of community service; provided, however, that, for a conviction for violation of Code Section 40-6-413 where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 20 hours; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; and (E) If the defendant is sentenced to a period of imprisonment for less than 12 months, a period of probation of 12 months less any days during which the defendant is actually incarcerated; (2) For the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is 3324 JOURNAL OF THE HOUSE obtained or a plea of nolo contendere is accepted, such person shall be guilty of a misdemeanor and shall be punished as follows: (A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (f) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than 90 days nor more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not less than 72 hours of actual incarceration; (C) Not less than 240 hours of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; (E) Undergoing a clinical evaluation as defined in Code Section 40-5-1 and, if indicated by such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the defendant is actually incarcerated; or (3) For the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished as follows: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (f) of this Code section, be subject to suspension, stay, or probation; (B) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not less than 15 days of actual incarceration; (C) Not less than 30 days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; MONDAY, MARCH 13, 2006 3325 (E) Undergoing a clinical evaluation as defined in Code Section 40-5-1 and, if indicated by such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the defendant is actually incarcerated. (b) For the purpose of imposing a sentence under subsection (a) of this Code section, a plea of nolo contendere or an adjudication of delinquency based on a violation of Code Sections 40-6-410 through 40-6-413 shall constitute a conviction. (c) When a defendant has been convicted of violating, by a single transaction, more than one of the provisions of Code Sections 40-6-410 through 40-6-413, the court shall merge such offenses for the purpose of sentencing and such offenses shall be treated as a single conviction for the purposes of this Code section and Code Section 40-5-58. (d)(1) If the payment of the fine required under subsection (a) of this Code section will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section. (2) In the sole discretion of the judge, he or she may suspend up to one-half of the fine imposed under paragraph (2) or (3) of subsection (a) of this Code section for a second or subsequent conviction conditioned upon the defendant's undergoing treatment in a substance abuse treatment program as defined in Code Section 40-5-1. (e) Any person convicted of violating Code Section 40-6-412 shall, in addition to any disqualification resulting under Article 7 of Chapter 5 of this title, the 'Uniform Commercial Driver's License Act,' be fined as provided in subsection (a) of this Code section. (f)(1) In any case where a person is sentenced to a period of imprisonment pursuant to this Code section for a violation of Code Section 40-6-413, it is within the authority and discretion of the sentencing judge in cases involving the first such violation to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence. (2) Any confinement of a person pursuant to a sentence to a period of imprisonment for a violation of Code Section 40-6-413 shall be served in a county jail; provided, however, that, for the first such violation, such person shall be kept segregated from all offenders other than those confined for violating such Code section. 40-6-415. (a) A person commits the offense of endangering a child by driving under the influence of alcohol or drugs if such person drives or is in actual physical control of any moving 3326 JOURNAL OF THE HOUSE vehicle while in violation of Code Section 40-6-410, 40-6-411, 40-6-412, or 40-6-413 while transporting a child under the age of 14 years. (b) Any person convicted of a violation of this Code section shall be punished as provided in subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child. (c) Any violation of this Code section shall be considered a separate offense. 40-6-416. (a) A school bus driver licensed pursuant to Article 7 of Chapter 5 of this title shall, upon a conviction of a violation of Code Section 40-6-410, 40-6-411, 40-6-412, or 406-413 while driving a school bus, be punished by imprisonment for a period of not less than one year nor more than five years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both. (b) Any violation of this Code section shall be considered a separate offense. 40-6-417. (a) Except as provided in subsection (b) of this Code section, upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of this part, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, may give rise to inferences as follows: (1) If there was at that time an alcohol concentration of 0.05 grams or less, the trier of fact in its discretion may infer therefrom that the person was not under the influence of alcohol, as prohibited by paragraphs (1) and (4) of Code Section 40-6-410; (2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any inference that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1) and (4) of Code Section 40-6-410, but such fact may be considered by the trier of fact with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1) and (4) of Code Section 40-6-410; or (3) If there was at that time an alcohol concentration of 0.08 grams or more, the trier of fact in its discretion may infer therefrom that the person was under the influence of alcohol, as prohibited by paragraphs (1) and (4) of Code Section 40-6-410. (b)(1) In any civil or criminal action or proceeding arising out of acts alleged to have been committed in violation of paragraph (1) of Code Section 40-6-411, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.08 or more grams in the person's blood, breath, urine, or other bodily substance, the person shall be in violation of paragraph (1) of Code Section 40-6-411. (2) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-412, if there was at that time or within three hours after driving or being in actual physical control of a MONDAY, MARCH 13, 2006 3327 moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.02 grams or more in the person's blood, breath, urine, or other bodily substance, the person shall be in violation of Code Section 40-6-412. (3) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-413, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.02 grams or more in the person's blood, breath, urine, or other bodily substance, the person shall be in violation of Code Section 40-6-413. (c) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-410, the refusal of the defendant to submit to a chemical analysis of his or her blood, breath, urine, or other bodily substance, or the failure to provide an adequate sample, shall be admissible in evidence against the person. The trier of fact, in its discretion, may infer from such refusal that any test given would have shown the presence of alcohol, drugs, or other prohibited substances. 40-6-418. The fact that any person charged with violating any of the provisions of this part is or has been legally entitled to use alcohol, marijuana, or a drug shall not constitute a defense against any charge of violating this part. 40-6-419. (a) Any conviction of or plea of nolo contendere to a violation of any local ordinance adopted pursuant to Article 14 of this chapter, which ordinance adopts the provisions of this part, shall be deemed to be a prior conviction under this part. (b) Any conviction of or plea of nolo contendere to a violation of former Code Section 40-6-391, or any local ordinance adopted pursuant to Article 14 of this chapter, which ordinance adopted the provisions of former Code Section 40-6-391, shall be deemed to be a prior conviction under this part. (c) Any conviction of or plea of nolo contendere to a violation of any previously or currently existing law of this state or its political subdivisions or authorities; of the United States or its territories, dominions, and possessions; or of the several states or the political subdivisions of such states which, at the time such violation occurred, was the same or substantially conformed to the laws of this state shall be deemed to be a prior conviction under this part. For the purposes of this part, a conviction or plea of nolo contendere in a tribal court shall be deemed to be conviction by a court of the United States. 40-6-420. (a) The decision to accept a plea of nolo contendere to a charge of violating the 3328 JOURNAL OF THE HOUSE provisions of this part shall be at the sole discretion of the judge; but, if such plea is accepted, the penalties provided for in Code Section 40-6-414 shall be imposed; provided, however, that no such plea of nolo contendere shall be accepted if the person is charged with violating the provisions of Code Section 40-6-410, 40-6-411, 40-6-412, or 40-6-413 and had an alcohol concentration of more than 0.15 grams at any time within three hours after driving or being in control of any moving vehicle from alcohol consumed before such driving or being in control ended. (b) If the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of violating the provisions of Code Section 40-6-410, 40-6-411, 40-6-412, or 40-6-413 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 defendant's driving records that are on file with the Department of 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 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 defendant's driver's license shall be forwarded to the Department of Driver Services as provided in subsection (d) of Code Section 40-5-206. 40-6-421. The provisions of Code Section 17-10-3, relating to general punishment for misdemeanors including traffic offenses, and the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, shall not apply to any person convicted or adjudicated of violating any provision of this article. 40-6-422. (a) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in Code Section 40-6-414 upon a conviction of violating Code Sections 40-6-410 through 40-6413 or upon a conviction of violating any ordinance adopting the provisions of this article. (b) Any court authorized to hear cases involving violations of Code Sections 40-6-410 through 40-6-413 shall be authorized to exercise the power to probate, suspend, or stay any sentence imposed. Such power shall, however, be limited to the conditions and limitations imposed by Code Section 40-6-414. MONDAY, MARCH 13, 2006 3329 40-6-423. (a) In addition to any other provisions of law, the clerk of the court in which a person is convicted a second or subsequent time of a violation of this article within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name and address of the convicted person, and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (b) The convicted person for which a notice of conviction is published pursuant to this Code section shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section. (c) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided that such publication was made in good faith. 40-6-424. Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of this part, evidence of the amount of alcohol or drug in a person's blood, urine, breath, or other bodily substance obtained in accordance with the provisions of this part shall be admissible. 40-6-425. (a) Except as provided in this Code section, any motor vehicle operated by a person who has been declared a habitual violator for three violations of any of the provisions of this part and whose license has been revoked is declared to be contraband and subject to forfeiture to the state, as provided in this Code section. (b) Any motor vehicle subject to forfeiture under subsection (a) of this Code section shall be seized upon determination by any peace officer or law enforcement agency of this state or any political subdivision thereof who has the power to make arrests and whose duty it is to enforce this part that said motor vehicle is contraband as provided in subsection (a) of this Code section. When a motor vehicle is seized pursuant to this Code section, the peace officer seizing the same shall report the fact of seizure, within 20 days thereof, to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made. 3330 JOURNAL OF THE HOUSE (c) In any action under this Code section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in connection with any interest in the motor vehicle that is subject to forfeiture. (d) Within 60 days of the date of the seizure of a motor vehicle pursuant to this Code section, the district attorney shall initiate a forfeiture proceeding as provided in Code Section 16-13-49. If the state fails to initiate forfeiture proceedings against property seized for forfeiture by notice of pending forfeiture within the time limits specified in this subsection and subsection (b) of this Code section, the property must be released on the request of an owner or interest holder, pending further proceedings pursuant to this Code section, unless the property is being held as evidence. (e) An owner or interest holder, as defined by subsection (a) of Code Section 16-13-49, may establish as a defense to the forfeiture of property which is subject to forfeiture under this Code section the applicable provisions of subsection (e) or (f) of Code Section 16-13-49. (f) Property which is forfeited pursuant to this Code section shall be disposed of as provided in Code Section 16-13-49. (g) The proceeds arising from such sale shall be deposited into the general treasury of the state or any other governmental unit whose law enforcement agency it was that originally seized the motor vehicle. It is the intent of the General Assembly that, where possible, proceeds deposited into the state treasury should be used and that proceeds vested in any local governmental unit shall be applied to fund alcohol or drug treatment, rehabilitation, and prevention and education programs, after making the necessary expenditures for: (1) Any cost incurred in the seizure; (2) The costs of the court and its officers; and (3) Any costs incurred in the storage, advertisement, maintenance, or care of the motor vehicle. (h) In any case where a motor vehicle which is the only family vehicle is determined to be subject to forfeiture, the court may, if it determines that the financial hardship to the family as a result of the forfeiture and sale outweighs the benefit to the state from such forfeiture, order the title to the vehicle transferred to such other family member who is a duly licensed operator and who requires the use of such vehicle for employment or family transportation purposes. Such transfer shall be subject to any valid liens and shall be granted only once." PART II SECTION 2-1. Code Section 6-2-5.1 of the Official Code of Georgia Annotated, relating to operation or physical control of aircraft while under the influence of alcohol or drugs, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: MONDAY, MARCH 13, 2006 3331 "(b) Any person arrested for violation of this Code section shall, at the request of a law enforcement officer of the state or any political subdivision, be administered a test as provided by and subject to the restrictions of subsection (a) of Code Section 40-6-392 Part 2 of Article 15 of Chapter 6 of Title 40." SECTION 2-2. Code Section 12-3-315 of the Official Code of Georgia Annotated, relating to the exercise of police powers by the Lake Lanier Islands Development Authority, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: "(c) The maximum punishment for violation of such an ordinance shall be stated in the ordinance and shall not exceed a fine of $500.00 or imprisonment for 60 days, or both, except that an ordinance adopting the provisions of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40 shall provide the same punishment as provided by Code Section 40-6-391 for violations of that Code section part." SECTION 2-3. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (b.1) of Code Section 15-11-66, relating to disposition of delinquent child, and inserting in lieu thereof a new subsection (b.1) to read as follows: "(b.1) Notwithstanding the provisions of subsections (a) and (b) of this Code section, 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 offense which would be a violation of subsection (k) of Code Section 40-6-391 40-6-413 if committed by an adult, the court shall make an order of disposition which, for purposes of the child's rehabilitation, imposes the same penalty, period of confinement, and period of community service provided in Code Section 40-6-391 40-6-413 which are applicable to an adult convicted of violating subsection (k) of Code Section 40-6-391 40-6-413, with any such period of confinement to be served in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority or, if no such facility is available, in a regional youth detention center, provided that such child shall be kept segregated from all children other than those confined for violating subsection (k) of Code Section 40-6-391 40-6-413. A previous finding that the child committed such a delinquent offense shall be deemed a previous conviction for purposes of this subsection. The judge shall have the same authority and discretion regarding allowing service of confinement on weekends or during nonworking hours as is provided under subsection (a) of Code Section 17-10-3.1." SECTION 2-4. Said title is further amended by striking subsection (a) of Code Section 15-21-112, relating to additional penalty for violation of Code Section 40-6-391, and inserting in lieu thereof a new subsection (a) to read as follows: 3332 JOURNAL OF THE HOUSE "(a) In every case in which any state court; probate court; juvenile court; municipal court, whether known as mayor's, recorder's, or police court; or superior court in this state shall impose a fine, which shall be construed to include costs, for a violation of Code Section 40-6-391 any of the provisions of Part 2 of Article 15 of Chapter 6 of Title 40, relating to driving under the influence of alcohol or drugs, or a violation of an ordinance of a political subdivision of this state which has adopted by reference Code Section 40-6-391 said part pursuant to Article 14 of Chapter 6 of Title 40, there shall be imposed as an additional penalty a sum equal to the lesser of $26.00 or 11 percent of the original fine." SECTION 2-5. Said title is further amended by striking subsection (a) of Code Section 15-21-149, relating to fines, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) In every case in which any court in this state shall impose a fine, which shall be construed to include costs, for any violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40, relating to driving under the influence of alcohol or drugs, or for violations of ordinances of political subdivisions which have adopted by reference Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40, there shall be imposed as an additional penalty a sum equal to 10 percent of the original fine." SECTION 2-6. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking subparagraph (c)(2)(S) of Code Section 16-10-51, relating to bail jumping, and inserting in lieu thereof a new subparagraph (c)(2)(S) to read as follows: "(S) Driving under the influence of alcohol or drugs, as provided in Code Section 40-6-391 Operating a motor vehicle in violation of Part 2 of Article 15 of Chapter 6 of Title 40;". SECTION 2-7. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking subparagraph (b)(2)(A) of Code Section 17-6-1, relating to where offenses are bailable, procedure, schedule of bails, and appeal bonds, and inserting in lieu thereof a new subparagraph (b)(2)(A) to read as follows: "(A) A person charged with violating Code Section 40-6-391 any of the provisions of Part 2 of Article 15 of Chapter 6 of Title 40, relating to operating a motor vehicle while under the influence of alcohol or drugs, whose alcohol concentration at the time of arrest, as determined by any method authorized by law, violates that provided in paragraph (5) of subsection (a) (1) of Code Section 40-6-391 40-6-411 may be detained for a period of time up to six hours after booking and prior to being released on bail or on recognizance; and". SECTION 2-8. MONDAY, MARCH 13, 2006 3333 Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 17-6-2, relating to acceptance of bail in misdemeanor cases, and inserting in lieu thereof a new paragraph (2) to read as follows: "(2) The individual posting a license as collateral pursuant to this subsection shall execute an acknowledgment and agreement between the individual and the State of Georgia as bond wherein the individual agrees to appear in court to answer the charges made against the individual and acknowledges that failure to appear in court when the case is scheduled for hearing, trial, or plea shall result in a forfeiture of the individual's license through suspension by operation of law effective upon the date of the individual's scheduled appearance. The individual shall also be notified that failure to appear in court as required may result in criminal prosecution for bail jumping as provided in Code Section 16-10-51. After execution of the agreement, except as otherwise provided by law, the license shall be returned to the individual and the original agreement shall be delivered to the prosecuting attorney for filing with the accusation, citation, or dismissal. Whenever an individual has been charged with a violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40, relating to driving under the influence of alcohol or drugs, then the provisions of Code Section 40-5-67 40-5-206 shall apply." SECTION 2-9. Said title is further amended by striking Code Section 17-10-3.1, relating to punishment for violations of Code Section 40-6-391, and inserting a new Code Section 17-10-3.1 to read as follows: "17-10-3.1. (a) In any case where a person is sentenced to a period of imprisonment under Code Section 40-6-391 40-6-413 upon conviction for violating subsection (k) of said Code section, it is within the authority and discretion of the sentencing judge in cases involving the first such violation to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence. (b) Any confinement of a person pursuant to a sentence to a period of imprisonment under Code Section 40-6-391 40-6-413 upon conviction for violating subsection (k) of said Code section shall be served in a county jail, provided that for the first such violation such person shall be kept segregated from all offenders other than those confined for violating subsection (k) of Code Section 40-6-391 40-6-413." SECTION 2-10. Said title is further amended by striking subsections (a) and (h) of Code Section 17-15-7, 3334 JOURNAL OF THE HOUSE relating to persons eligible for victim compensation awards, and inserting in lieu thereof new subsections (a) and (h) to read as follows: "(a) Except as otherwise provided in this Code section, the following persons are eligible for awards pursuant to this chapter: (1) A victim; (2) A dependent spouse or child of a victim; (2.1) For purposes of an award under subsection (k) of Code Section 17-15-8, any member of the immediate family of a victim of homicide by vehicle caused by a violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40; (3) Any person who goes to the aid of another and suffers physical injury or death as a direct result of acting, not recklessly, to prevent the commission of a crime, to apprehend lawfully a person reasonably suspected of having committed a crime, or to aid the victim of a crime or any person who is injured or killed while aiding or attempting to aid a law enforcement officer in the prevention of crime or apprehension of a criminal at the officer's request; (4) Any person who is a victim of family violence as defined by Code Section 19-131 and anyone who is a victim as a result of a violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40; or (5) Any person who is not a direct service provider and who assumes the cost of an eligible expense of a victim regardless of such person's relationship to the victim or whether such person is a dependent of the victim." "(h) A victim or claimant who has been convicted of a felony involving criminally injurious conduct and who is currently serving a sentence therefor shall not be considered eligible to receive an award under this chapter. For purposes of this subsection, 'criminally injurious conduct' means an act which occurs or is attempted in this state that results in personal injury or death to a victim, which act is punishable by fine, imprisonment, or death. Such term shall not include acts arising out of the operation of motor vehicles, boats, or aircraft unless the acts were committed with the intent to inflict injury or death or unless the acts committed were in violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40. For the purposes of this subsection, a person shall be deemed to have committed criminally injurious conduct notwithstanding that by reason of age, insanity, drunkenness, or other reason, he or she was legally incapable of committing a crime." SECTION 2-11. Said title is further amended by striking paragraph (1) of subsection (k) of Code Section 17-15-8, relating to amount of victim compensation award, and inserting in lieu thereof a new paragraph (1) to read as follows: "(k)(1) In addition to any other award authorized by this Code section, in any case where a deceased was a victim of homicide by vehicle caused by a violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40 on any road which is part of the state highway system, upon request of the next of kin of the deceased, an MONDAY, MARCH 13, 2006 3335 award of compensation in the form of a memorial sign erected by the Department of Transportation as provided by this subsection shall be paid to an eligible claimant." SECTION 2-12. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 17-15-10, relating to the Georgia Crime Victims Emergency Fund, and inserting in lieu thereof a new paragraph (1) to read as follows: "(b)(1) The fund shall consist of all moneys received pursuant to Article 7 of Chapter 21 of Title 15 from the assessment of additional penalties in cases involving a violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40, relating to driving under the influence of alcohol or drugs, or a violation of an ordinance of a political subdivision of this state which has adopted by reference Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40 pursuant to Article 14 of Chapter 6 of Title 40." SECTION 2-13. Code Section 20-2-984.2 of the Official Code of Georgia Annotated, relating to reports of criminal offenses to local boards of education, is amended by striking paragraph (6) of subsection (a) and inserting in lieu thereof a new paragraph (6) to read as follows: "(6) Unlawfully operating a motor vehicle after being declared a habitual violator for violating former Code Section 40-6-391 or 40-6-392 or Code Section 40-5-54, 40-6391, 40-6-392, or 40-6-394, or Part 2 of Article 15 of Chapter 6 of Title 40, or any combination of such Code sections provisions." SECTION 2-14. Code Section 33-9-43 of the Official Code of Georgia Annotated, relating to reduction in premiums for motor vehicle liability, is amended by striking paragraph (3) of subsection (c) and inserting in lieu thereof a new paragraph (3) to read as follows: "(3) Had that person's driver's license suspended for refusal to submit to chemical tests pursuant to former Code Section 40-5-67.1 or Article 9 of Chapter 5 of Title 40 and that suspension has not been reversed, if appealed from." SECTION 2-15. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking subsection (a) of Code Section 40-2-136, relating to surrender of license plates upon second or subsequent convictions of driving under the influence, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Upon any person's second or subsequent conviction of violating former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title 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 court shall issue an order requiring that the license plates of all motor vehicles registered in such person's name be surrendered to the court. The court shall notify the commissioner within ten 3336 JOURNAL OF THE HOUSE days after issuing any such order, and the commissioner shall revoke each such license plate upon receiving such notice. The court shall issue a receipt for the surrendered license plate or plates. The court shall forward the surrendered license plate or plates to the local tag agent immediately upon receipt. For purposes of this subsection, a plea of nolo contendere shall constitute a conviction." SECTION 2-16. Said title is further amended by striking paragraphs (4) and (9) of Code Section 40-5-1, relating to definitions regarding drivers licenses, and inserting in lieu thereof new paragraphs (4), (9), and (13.1) to read as follows: "(4) 'Code Section 40-6-391' means Code Section 40-6-391 of the Official Code of Georgia Annotated, as now or hereafter amended, any federal law or regulation substantially conforming to or parallel with the offense covered under Code Section 40-6-391, any local ordinance adopted pursuant to Article 14 of Chapter 6 of this title, which ordinance adopts the provisions of Code Section 40-6-391, or any previously existing or existing law of this or any other state, which law was or is substantially conforming to or parallel with Code Section 40-6-391 Reserved." "(9) 'DUI Alcohol or Drug Use Risk Reduction Program' means a program certified by the Department of 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 Part 2 of Article 15 of Chapter 6 of this title 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." "(13.1) 'Part 2 of Article 15 of Chapter 6 of this title' means Part 2 of Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, as now or hereafter amended, any federal law or regulation substantially conforming to or parallel with the offenses covered under Part 2 of Article 15 of Chapter 6 of this title, any local ordinance adopted pursuant to Article 14 of Chapter 6 of this title, which ordinance adopts the provisions of Part 2 of Article 15 of Chapter 6 of this title, or any previously existing or existing law of this or any other state, which law was or is substantially conforming to or parallel with Part 2 of Article 15 of Chapter 6 of this title." SECTION 2-17. Said title is further amended by striking subsections (a) and (c) of Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees, and inserting in lieu thereof new subsections (a) and (c) to read as follows: "(a) The department shall maintain records regarding the drivers licenses and permits issued by the department under this chapter. The drivers records maintained by the department shall include: (1) A record of every application for a license received by it and suitable indexes containing: MONDAY, MARCH 13, 2006 3337 (A) All applications granted; and (B) The name of every licensee whose license has been canceled, suspended, or revoked by the department and after each such name shall note the reasons for such action; (2) Drivers records received from other jurisdictions. Upon receipt of such driver's record, it shall become a part of such driver's record in this state and shall have the same force and effect as though entered on the driver's record in this state in the original instance; and (3) Records of all accident reports and abstracts of court records of convictions of any offense listed in subsection (a) of Code Section 40-5-54, Code Section 40-6-10, driving on a suspended license in violation of Code Section 40-5-121, administrative license suspension pursuant to Code Sections 40-5-67 through 40-5-67.2 Article 9 of this chapter, Code Section 40-5-75, Chapter 9 of this title, the 'Motor Vehicle Safety Responsibility Act,' and Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act,' any felony offense under this title, any offense committed while operating a commercial motor vehicle, serious traffic offenses, or other offenses requiring the assessment of points on the driving record that are received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which such licensee has been involved shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times. For purposes of issuing a driver's operating record to the public as provided in this Code section, the period of calculation for compilation of such report shall be determined by the date of arrest." "(c)(1) The driver's record provided by the department shall include an enumeration of any accidents in which the individual was convicted of a moving traffic violation, such moving traffic violation convictions, and information pertaining to financial responsibility. The department shall furnish a driver's operating record or personal information from a driver's record under the following circumstances: (A) With the written instructions and consent of the driver upon whom the operating record has been made and compiled; (B)(i) Pursuant to a written request or a request made in accordance with a contract with the Georgia Technology Authority for immediate on-line electronic furnishing of information, for use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating, or underwriting involving the driver; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this division shall be limited to name, address, driver identification number, and medical or disability information. The person who makes a request for a driver's operating record shall identify himself or herself and shall have certified or affirmed that the information contained in the record will be 3338 JOURNAL OF THE HOUSE used only for the purpose specified in the request. Further, the person making the request shall certify or affirm that he or she has on file an application for insurance or for the renewal or amendment thereof involving the driver or drivers; or (ii) For the purpose of ascertaining necessary rating information by an insurance agent pursuant to an insurer's contract with the Georgia Technology Authority for the immediate on-line electronic furnishing of limited rating information to such insurer's agents. Limited rating information furnished under this division shall include only the number of violations of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and the number and type of other moving traffic violations which were committed by the proposed insured driver or drivers within the immediately preceding three or five years, which period shall be specified by the person making the request. The provisions of division (i) of this subparagraph notwithstanding, no other information concerning a driver's operating record shall be released to such agents for purposes of rating; (B.1) The department shall implement a pilot program for 12 months to determine the revenue feasibility of supplying limited rating information to agents, insurers, and insurance support organizations. The department shall report the results of such pilot program to the Office of Planning and Budget. Unless the Office of Planning and Budget determines that the pilot program is not successful, the department shall continue the program on a year-to-year basis and furnish limited rating information to insurance support organizations for the same purposes as provided in division (ii) of subparagraph (B) of this paragraph, pursuant to a contract with the Georgia Technology Authority, provided that all other necessary requirements of this subsection have been met; (C) In accordance with Article 7 of this chapter, the 'Georgia Uniform Commercial Driver's License Act'; (D) To a judge, prosecuting official, or law enforcement agency for use in investigations or prosecutions of alleged criminal or unlawful activity, or to the driver's licensing agency of another state; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished to the driver's licensing agency of another state shall be limited to name, address, driver identification number, and medical or disability information; (E) Pursuant to a request from a public or private school system concerning any person currently employed or an applicant for employment as a school bus driver who agrees in writing to allow the department to release the information; (F) With the written release of the driver, to a rental car company for use in the normal course of its business; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address, driver identification number, and medical or disability information. Such access shall be MONDAY, MARCH 13, 2006 3339 provided and funded through the GeorgiaNet Division of the Georgia Technology Authority, and the department shall bear no costs associated with such access; and (G) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only: (i) To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and (ii) If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address, and driver identification number and shall not include photographs, fingerprints, computer images, or medical or disability information. The personal information obtained by a business under this subparagraph shall not be resold or redisclosed for any other purpose without the written consent of the individual. Furnishing of information to a business under this subparagraph shall be pursuant to a contract entered into by such business and the state which specifies, without limitation, the consideration to be paid by such business to the state for such information and the frequency of updates. (2) Nothing in this Code section shall preclude the department from confirming or verifying the status of a driver's license or permit." SECTION 2-18. Said title is further amended by striking subsections (a) and (b) of Code Section 40-5-24, relating to instruction permits, and inserting in lieu thereof new subsections (a) and (b) to read as follows: "(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 driver's license under subsection (b) of this Code section will become eligible for a Class D driver's license under subsection (b) of this Code section only if such person is at least 16 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 driver's license, has not been 3340 JOURNAL OF THE HOUSE convicted of a violation of former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title, 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 405-57. (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 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 driver's license to operate a noncommercial Class C vehicle if such resident has otherwise complied with all prerequisites for the issuance of such Class D driver's license as provided in subsection (a) of this Code section, provided that a resident at least 16 years of age who has at any age surrendered to the department a valid instruction permit or driver's 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 driver's license issued by another state or the District of Columbia may apply his or her driving record under such previously issued permit or driver's license toward meeting the eligibility requirements for a Class D driver's license the same as if such previously issued permit or driver's license were an instruction permit issued under subsection (a) of this Code section. (2) The department shall, after all applicable requirements have been met, issue to the applicant a Class D driver's 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 driver's 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 driver's immediate family; 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 to any other traffic offense. (3) A person who has been issued a Class D driver's license under this subsection and has never been issued a Class C driver's license under this chapter will become MONDAY, MARCH 13, 2006 3341 eligible for a Class C driver's license under this chapter only if such person has a valid Class D driver's 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 driver's license, has not been convicted of a violation of former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title, 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." SECTION 2-19. Said title is further amended by striking subsections (a) and (b) of Code Section 40-5-52, relating to suspension of license or operating privilege for conduct in another state, and inserting in lieu thereof new subsections (a) and (b) to read as follows: "(a) The department shall suspend, as provided in Code Section 40-5-63, the license of any resident of this state and may suspend a nonresident's operating privilege, upon receiving notice of a conviction in another state of an offense described in Code Section 40-5-54 or Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title or any drug related offense. (b) The department is authorized to suspend or revoke the license of any resident or the operating privilege of any nonresident upon receiving notice of the conviction of such person in another state of an offense other than those described in Code Section 40-5-54 or Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title which, if committed in this state, would be grounds for the suspension or revocation of a driver's license." SECTION 2-20. Said title is further amended by striking Code Section 40-5-55, relating to implied consent to chemical tests, and inserting in lieu thereof a new Code Section 40-5-55 to read as follows: "40-5-55. (a) The State of Georgia considers that any person who drives or is in actual physical control of any moving vehicle in violation of any provision of Code Section 40-6-391 constitutes a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his or her blood, breath, urine, or other bodily substances for the purpose of determining the presence of alcohol or any other drug, if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391 or if such person is involved in any traffic accident resulting in serious injuries or fatalities. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways 3342 JOURNAL OF THE HOUSE or elsewhere throughout this state in violation of Code Section 40-6-391. The test or tests shall be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6392, the requesting law enforcement officer shall designate which of the test or tests shall be administered, provided a blood test with drug screen may be administered to any person operating a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities. (b) Any person who is dead, unconscious, or otherwise in a condition rendering such person incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Code section, and the test or tests may be administered, subject to Code Section 40-6-392 Reserved." SECTION 2-21. Said title is further amended by striking Code Section 40-5-57.1, relating to suspension of licenses of persons under age 21 for certain offenses and suspension of licenses of persons under age 18 for certain point accumulations, and inserting in lieu thereof a new Code Section 40-5-57.1 to read as follows: "40-5-57.1. (a) Notwithstanding any other provision of this chapter, the driver's license of any person under 21 years of age convicted of hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, any offense for which four or more points are assessable under subsection (c) of Code Section 40-557, purchasing an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23, or violation of paragraph (3) or (5) of subsection (a) of Code Section 3-3-23, or violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title shall be suspended by the department as provided by this Code section; and the driver's license of any person under 18 years of age who has accumulated a violation point count of four or more points under Code Section 40-5-57 in any consecutive 12 month period shall be suspended by the department as provided by this Code section. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of suspension shall be given by certified mail or statutory overnight delivery, return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. Such license shall be surrendered within ten days of notification of such suspension. Notice given by certified mail or statutory overnight delivery, return receipt requested, mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. (b) A person whose driver's 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: MONDAY, MARCH 13, 2006 3343 (A) Upon a first such suspension, be eligible to apply for license reinstatement and, subject to payment of required fees, have his or her driver's license reinstated after six months; and (B) Upon a second or subsequent such suspension, be eligible to apply for license reinstatement and, subject to payment of required fees, have his or her driver's license reinstated after 12 months; or (2)(A) If the driver's license was suspended upon conviction for violation of former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title, 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 driver's 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 driver's 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. (b.1) In any case where a person's driver's license was administratively suspended as a result of the offense for which the person's driver's license has been suspended pursuant to this Code section, the administrative license suspension period and the license suspension period provided by this Code section may run concurrently, and any completed portion of such administrative license suspension period shall apply toward completion of the license suspension period provided by this Code section. (c) Any driver's license suspended under subsection (a) of this Code section for commission of any offense other than violation of former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title shall not become valid and shall remain suspended until such person submits proof of completion of a defensive driving program approved by the department and pays a fee equivalent to that required for restoration of a suspended driver's license under paragraph (1) of subsection (a) of Code Section 40-5-63; provided, however, that such fee shall not be required under this subsection if such person's driver's license was administratively suspended as a result of the offense for which the person's driver's license has been suspended pursuant to this Code section and the restoration fee was paid for such administratively suspended driver's license. (d) A suspension provided for in this Code section shall be imposed based on the person's age on the date of the conviction giving rise to the suspension." SECTION 2-22. Said title is further amended by striking Code Section 40-5-58, relating to habitual violators, and inserting in lieu thereof a new Code Section 40-5-58 to read as follows: "40-5-58. 3344 JOURNAL OF THE HOUSE (a) As used in this Code section, 'habitual violator' means any person who has been arrested and convicted within the United States three or more times within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of: (1) Committing any offense covered under Code Section 40-5-54 or former Code Sections 40-6-391 through 40-6-395 or Part 2 of Article 15 of Chapter 6 of this title or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense covered under Code Section 40-5-54 or Code Sections 40-6-391 through 40-6-395 Part 2 of Article 15 of Chapter 6 of this title; or (2) Singularly or in combination, any of the offenses described in paragraph (1) of this subsection. Convictions for violations of former Code Section 40-6-391 shall be given the same effect as convictions for violations of Part 2 of Article 15 of Chapter 6 of this title for the purpose of this Code section if the arrest or arrests for such violations occurred on or before June 30, 2006. (b) When the records of the department disclose that any person has been arrested and convicted of a violation of Chapter 6 of this title, or of a valid local ordinance adopted pursuant thereto, of an offense occurring on or after January 1, 1976, which record of arrest and conviction, when taken with and added to previous arrests and convictions of such person as contained in the files of the department, reveals that such person is a habitual violator as defined in subsection (a) of this Code section, the department shall forthwith notify such person that upon the date of notification such person has been declared by the department to be a habitual violator, and that henceforth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. Notice shall be given by certified mail or statutory overnight delivery, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. In the event that at the time of determination the habitual violator had been issued a driver's license, such license shall be revoked by such notice and shall be surrendered to the department within ten days of notification of such determination. For the purposes of this chapter, notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. In addition to the procedure set forth in this subsection, the sentencing judge or prosecutor in a conviction which conviction classifies the defendant as a habitual violator may, at the time of sentencing, declare such defendant to be a habitual violator. The judge or prosecutor shall, when declaring a defendant to be a habitual violator, then give personal notice to such defendant on forms provided by the department that henceforth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. The judge or prosecutor, as the case may be, shall within three days forward to the department the order declaring that the defendant is a habitual violator, the notice of service, with the MONDAY, MARCH 13, 2006 3345 defendant's driver's license or a sworn affidavit of the defendant declaring that the driver's license has been lost, and the department's copy of the uniform citation or the official notice of conviction attached thereto. (c)(1) Except as provided in paragraph (2) of this subsection or in subsection (e) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person has received notice that his or her driver's license has been revoked as provided in subsection (b) of this Code section, if such person has not thereafter obtained a valid driver's license. Any person declared to be a habitual violator and whose driver's license has been revoked under this Code section and who is thereafter convicted of operating a motor vehicle before the department has issued such person a driver's license or before the expiration of five years from such revocation, whichever occurs first, shall be punished by a fine of not less than $750.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. Any person declared to be a habitual violator and whose driver's license has been revoked and who is convicted of operating a motor vehicle after the expiration of five years from such revocation but before the department has issued such person a driver's license shall be guilty of a misdemeanor. (2) Any person declared to be a habitual violator as a result of three or more convictions of violations of former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, and who is thereafter convicted of operating a motor vehicle during such period of revocation, prior to the issuance of a probationary license under subsection (e) of this Code section or before the expiration of five years, shall be guilty of the felony of habitual impaired driving and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. (d) Notwithstanding any contrary provisions of Code Section 17-7-95, for the purposes of this Code section, any plea of nolo contendere entered and accepted after January 1, 1976, shall be considered a conviction. (e)(1) Notwithstanding any contrary provisions of this Code section or any other Code section of this chapter, any person who has been declared a habitual violator and who has had his or her driver's license revoked under subsection (b) of this Code section for a period of five years and two years have expired since the date on which such person's license was surrendered or an affidavit was accepted as provided in subsection (e) of Code Section 40-5-61, such person may be issued a probationary driver's license for a period of time not to exceed three years upon compliance with the following conditions: (A) Such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of this chapter or any local ordinance relating to the movement of vehicles for a period of two years immediately preceding the application for a probationary driver's license; 3346 JOURNAL OF THE HOUSE (B) Such person has not been convicted, or pleaded nolo contendere to a charge, of a violation of any provision of this chapter which resulted in the death or injury of any individual; (C) Such person has successfully completed, prior to the issuance of the probationary driver's license, a defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program as designated by the department; (D) Such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of Title 3, relating to alcoholic beverages, or of violating any provision of Chapter 13 of Title 16, relating to controlled substances; (E) Such person shall submit a sworn affidavit that such person does not excessively use alcoholic beverages and does not illegally use controlled substances or marijuana. It shall be a misdemeanor to falsely swear on such affidavit and, upon conviction, the probationary license shall be revoked. No probationary license shall be issued during the remainder of the revocation period, and no driver's license shall be issued for the remainder of the original revocation period or for a period of two years from the date of conviction under this subparagraph; (F) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and (G) Refusal to issue a probationary driver's license would cause extreme hardship to the applicant. For the purposes of this subsection, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from: (i) Going to his or her place of employment or performing the normal duties of his or her occupation; (ii) Receiving scheduled medical care or obtaining prescription drugs; (iii) Attending a college or school at which he or she is regularly enrolled as a student; (iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; or (v) Attending under court order any driver education or improvement school or alcohol or drug treatment program or course approved by the court which entered the judgment of conviction resulting in revocation of his or her driver's license or by the commissioner. (2) Application for a probationary driver's license shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such license. All applications shall be signed by the applicant before a person authorized to administer oaths. (3) Upon compliance with the above conditions and the payment of a fee of $210.00, or $200.00 when processed by mail, such person may be issued a probationary driver's license by the department. Upon payment of a fee in an amount the same as that provided by Code Section 40-5-25 for issuance of a Class C driver's license, a MONDAY, MARCH 13, 2006 3347 person may be issued a replacement for a lost or destroyed probationary driver's license issued to him or her. (4) A probationary driver's license shall be endorsed with such conditions as the commissioner deems necessary to ensure that such license will be used by the licensee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions: (A) Specific places between which the licensee may be allowed to operate a motor vehicle; (B) Routes to be followed by the licensee; (C) Times of travel; (D) The specific vehicles which the licensee may operate; and (E) Such other restrictions as the department may require. (5) A probationary driver's license issued pursuant to this Code section shall become invalid upon the expiration of the period of the suspension or revocation of the driver's license of such person. (6)(A)(i) Any probationary licensee violating the provisions of paragraph (4) of this subsection or operating a vehicle in violation of any conditions specified in this subsection shall be guilty of a misdemeanor. (ii) Except as provided in division (iii) of this subparagraph, any probationary licensee violating any state law or local ordinance involving an offense listed in Code Section 40-5-54 or Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title shall be guilty of a felony and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. (iii) Any probationary licensee violating any state law or local ordinance involving a felony offense listed in Code Section 40-5-54 shall be guilty of a felony and shall be punished as is provided for conviction of such felony. (B) Any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, any state law or local ordinance involving an offense listed in Code Section 40-5-54 or former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title or any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, the conditions endorsed on his or her license, shall have his or her license revoked by the department. Any court in which such conviction is had or in which said nolo contendere plea is accepted shall require the licensee to surrender the license to the court. The court shall forward the license to the department within ten days after the conviction or acceptance of the plea, with a copy of the conviction. Any person whose probationary license is revoked for committing an offense listed in Code Section 40-5-54 or former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title shall not be eligible to apply for a regular driver's license until the expiration of the original five-year revocation period during which the probationary license was originally issued or for a period of two years following the conviction, whichever is greater. 3348 JOURNAL OF THE HOUSE (C) If the commissioner has reason to believe or makes a preliminary finding that the requirements of the public safety or welfare outweigh the individual needs of a person for a probationary license, the commissioner, in his or her discretion, after affording the person notice and an opportunity to be heard, may refuse to issue the license under this subsection. (D) Any person whose probationary driver's license has been revoked shall not be eligible to apply for a subsequent probationary license under this Code section for a period of five years. (7) Any person whose probationary license has been revoked or who has been refused a probationary license by the department may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with Chapter 13 of Title 50. (f) If a person's license was revoked for a violation of former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title resulting from a motor vehicle collision in which any person lost his or her life, the person whose license was revoked shall not be entitled to a probationary license as set forth in this Code section." SECTION 2-23. Said title is further amended by striking subsection (b) of Code Section 40-5-62, relating to periods of suspension, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) The department shall not issue a new license nor restore a person's suspended license or nonresident's operating privilege unless and until it is satisfied after investigation of the character, habits, and driving ability of such person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. Notwithstanding subsection (a) of this Code section or any other provision of this title, the department shall not issue a new license to any person whose license was revoked as a habitual violator for three violations of former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title within a five-year period unless and until such person submits proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program. The department may issue rules and regulations providing for reinstatement hearings. In the case of a revocation pursuant to Code Section 40-5-58, the department shall charge a fee of $210.00, or $200.00 if processed by mail, in addition to the fee prescribed by Code Section 40-5-25 to issue a new driver's license to a person whose driver's license has been revoked." SECTION 2-24. Said title is further amended by striking subsections (a), (b), and (c) of Code Section 405-63, relating to periods of revocation, and inserting in lieu thereof new subsections (a), (b), and (c) to read as follows: MONDAY, MARCH 13, 2006 3349 "(a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title, unless the driver's license has been previously suspended pursuant to former Code Sections 40-5-67.1 and 40-5-67.2 or Article 9 of this chapter, 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 former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title 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 driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210 $210.00, or $200 $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 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 and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the 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 former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title 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 Part 2 of Article 15 of Chapter 6 of this title, 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 3350 JOURNAL OF THE HOUSE 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 driver's license; except that if such license was suspended as a result of a second conviction of a violation of former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title 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 and pays a restoration fee of $210 $210.00, or $200 $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 and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the 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 former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title 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 former Code Section 40-6391 or Part 2 of Article 15 of Chapter 6 of this title 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. (4) For the purpose of determining whether a person was previously convicted of an offense subject to suspension under this Code section, convictions for violations of MONDAY, MARCH 13, 2006 3351 former Code Section 40-6-391 shall be given the same effect as convictions for violations of Part 2 of Article 15 of Chapter 6 of this title for the purpose of this Code section if the arrest or arrests for such violations occurred on or before June 30, 2006. (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 former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title. (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 department's discretion shall be guided by the driver's 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 driver's license suspended as a result of a conviction of a violation of former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title 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." SECTION 2-25. Said title is further amended by striking Code Section 40-5-63.1, relating to clinical evaluation and substance abuse treatment programs for certain offenders, and inserting in lieu thereof a new Code Section 40-5-63.1 to read as follows: "40-5-63.1. In addition to any and all other conditions of license reinstatement, issuance, or restoration under Code Section 40-5-58, 40-5-62, or 40-5-63, any person with two or more convictions of violation of former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title 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, shall be required to undergo a clinical evaluation and, if indicated by such evaluation, must complete a substance abuse treatment program, provided that such evaluation and treatment shall be at such person's expense except as otherwise provided by Code Section 37-7-120. Acceptable proof of completion of such a program must be submitted to the department prior to license reinstatement, issuance, or restoration. For purposes of this Code section, a plea of nolo contendere to a charge of violating former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title 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." SECTION 2-26. Said title is further amended by striking subsections (a) and (e) of Code Section 40-5-64, relating to limited driving permits for certain offenders, and inserting in lieu thereof new subsections (a) and (e) to read as follows: 3352 JOURNAL OF THE HOUSE "(a) To whom issued. (1) Notwithstanding any contrary provision of Code Section 40-5-57 or 40-5-63 or any other Code section of this chapter, any person who has not been previously convicted or adjudicated delinquent for a violation of former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with paragraph (2) of subsection (a.1) of Code Section 40-5-22, subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, or paragraph (1) of subsection (a) of former Code Section 40-5-67.2, or subsection (e) of Code Section 40-5-208. (2) Any person whose driver's license has been suspended and who is subject to a court order for installation and use of an ignition interlock device as a condition of probation pursuant to the provisions Article 7 of Chapter 8 of Title 42 may apply for a limited driving permit." "(e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the driver's eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following the effective date of suspension of the applicant's driver's license in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57, upon the expiration of 120 days following conviction in the case of a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title, upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) (e) of Code Section 40-5-67.2 40-5-208, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the driver's license. A person may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her driver's license to the court in which the conviction was adjudged or to the department if the department has processed the citation or conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit." SECTION 2-27. Said title is further amended by striking subsection (a) of Code Section 40-5-66, relating MONDAY, MARCH 13, 2006 3353 to appeals from decisions of the department, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Except as provided in subsection (h) of Code Section 40-5-67.1 40-5-64 and subsection (h) (b) of Code Section 40-5-64 40-5-209, any decision rendered by the department shall be final unless the aggrieved person shall desire an appeal. In such case, such person shall have the right to enter an appeal in the superior court of the county of his or her residence or in the Superior Court of Fulton County. Such appeal shall name the commissioner as defendant and must be filed within 30 days from the date the department enters its decision or order. The person filing the appeal shall not be required to post any bond nor to pay the costs in advance." SECTION 2-28. Said title is further amended by striking Code Section 40-5-67, relating to seizure and disposition of driver's license of persons charged with driving under the influence, and inserting in lieu thereof a new Code Section 40-5-67 to read as follows: "40-5-67. (a) Whenever any resident or nonresident person is charged with violating Code Section 40-6-391, the law enforcement officer shall take the driver's license of the person so charged. The driver's license shall be attached to the court's copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the department. Taking the driver's license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17. (b) At the time the law enforcement officer takes the driver's license, the officer shall issue a temporary driving permit to the person as follows: (1) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 30 day temporary driving permit; (2) If the driver's license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 30 day temporary driving permit; or (3) If the test or tests administered pursuant to Code Section 40-5-55 indicate an alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Section 40-567.1, the officer shall issue a 180 day temporary driving permit. This temporary driving permit shall be valid for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The department, at its sole discretion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed. 3354 JOURNAL OF THE HOUSE (c)(1) If the person is convicted of violating or enters a plea of nolo contendere to a charge of violating Code Section 40-6-391, the court shall, within ten days, forward the person's driver's license and the record of the disposition of the case to the department. At this time, the court shall also require the person to surrender the temporary driving permit issued pursuant to subsection (b) of this Code section. (2) If the person is not convicted of violating and does not enter a plea of nolo contendere to a charge of violating Code Section 40-6-391, and the court is in possession of the driver's license, the court shall return the driver's license to the person unless the license is in suspension for any other offense, in which case the court shall forward the license to the department for disposition. (c) As used in this Code section, the term 'traffic accident resulting in serious injuries or fatalities' means any motor vehicle accident in which a person was killed or in which one or more persons suffered a fractured bone, severe burns, disfigurement, dismemberment, partial or total loss of sight or hearing, or loss of consciousness Reserved." SECTION 2-29. Said title is further amended by repealing Code Section 40-5-67.1, relating to chemical tests. SECTION 2-30. Said title is further amended by repealing Code Section 40-5-67.2, relating to terms and conditions for suspension of license under subsection (c) of Code Section 40-5-67.1. SECTION 2-31. Said title is further amended by striking Code Section 40-5-69, relating to circumstances not affecting suspensions by operation of law, and inserting in lieu thereof a new Code Section 40-5-69 to read as follows: "40-5-69. If a person's driver's license is suspended by operation of law as provided in former Code Section 40-5-67.1 or 40-5-67.2 or Code Section 40-5-63, 40-5-67.1, or 40-5-67.2 40-5-208, the fact that the person's driver's license was not physically surrendered to the law enforcement officer at the time the person was charged with violating former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title or that the person's driver's license was not retained by the court and forwarded to the department as provided in former Code Section 40-5-67 or Code Section 40-5-206 or that the person's driver's license was not forwarded as provided in Code Section 40-5-72 shall not affect such suspension." SECTION 2-32. Said title is further amended by striking subsections (a) and (b) of Code Section 40-5-75, relating to suspension of licenses by operation of law, and inserting in lieu thereof new subsections (a) and (b) to read as follows: MONDAY, MARCH 13, 2006 3355 "(a) The drivers license of any person convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such a substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title; or the law of any other jurisdiction shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions: (1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for not less than 180 days. At the end of 180 days, the person may apply to the department for reinstatement of his or her driver's license. Such license shall be reinstated only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays to the Department of Driver Services a restoration fee of $210 $210.00, or $200 $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 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 driver's license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and paying to the Department of Driver Services a restoration fee of $210 $210.00, or $200 $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 (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's license shall be suspended for a period of five years. At the end of two years, the person may apply to the department for a three-year driving permit upon compliance with the following conditions: 3356 JOURNAL OF THE HOUSE (A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for such permit; (B) Such person submits proof of completion of a licensed drug treatment program. Such proof shall be submitted within two years of the license suspension and prior to the issuance of the permit. Such licensed drug treatment program shall be paid for by the offender. The offender must pay a permit fee of $25.00 to the department; (C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and (D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from: (i) Going to his or her place of employment or performing the normal duties of his or her occupation; (ii) Receiving scheduled medical care or obtaining prescription drugs; (iii) Attending a college or school at which he or she is regularly enrolled as a student; or (iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner. (b) Whenever a person is convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title; or the law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of surrender of the driver's license or on the date that the department processes the conviction or citation, whichever shall first occur." SECTION 2-33. Said title is further amended by striking Code Section 40-5-85, relating to reinstatement of licenses suspended for driving under influence of alcohol or drugs, and inserting in lieu thereof a new Code Section 40-5-85 to read as follows: "40-5-85. MONDAY, MARCH 13, 2006 3357 Notwithstanding any other provision of this chapter, any person convicted within five years of his or her first conviction as measured in paragraph (2) of subsection (c) of former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title for a second time of the offense of driving under the influence of alcohol or drugs in violation of former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title shall, upon compliance with all other requirements for reinstatement of his or her license as provided for in this chapter, be issued a driver's license which may bear a red stripe thereon. After seven years with no additional convictions for driving under the influence of alcohol or drugs any such person shall be issued a regular driver's license without such red stripe, provided that he or she is otherwise entitled to such license under the laws of this state." SECTION 2-34. Said title is further amended by striking paragraph (13.1) of Code Section 40-5-142, relating to definitions regarding commercial drivers licenses, and inserting in lieu thereof a new paragraph (13.1) to read as follows: "(13.1) 'Driving a commercial vehicle while under the influence of alcohol' means committing any one or more of the following acts while a person is driving or in actual physical control of a moving commercial motor vehicle: (A) Driving while the person's alcohol concentration is 0.04 0.02 percent or more by weight of alcohol in his or her blood, breath, or urine; (B) Driving under the influence of alcohol, as prescribed by former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title; or (C) Refusal to submit to state-administered chemical testing when requested to do so by a law enforcement officer." SECTION 2-35. Said title is further amended by striking subsection (d) of Code Section 40-5-148.1, relating to restricted commercial licenses for persons in agricultural industry, and inserting in lieu thereof a new subsection (d) to read as follows: "(d) All holders of restricted commercial drivers licenses shall be subject to disqualifications and penalties under Code Sections 40-5-151 through 40-5-153 and 405-152 and Article 9 of this chapter and shall be subject to all notices, verifications, and license checks otherwise required under this article." SECTION 2-36. Said title is further amended by striking subsections (a) and (c) of Code Section 40-5151, relating to disqualification from driving, and inserting in lieu thereof new subsections (a) and (c) to read as follows: "(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: 3358 JOURNAL OF THE HOUSE (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 0.02 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 former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title; or (2) For refusal to submit to a test as prescribed in former Code Section 40-5-55 or Article 9 of this chapter to determine the driver's alcohol concentration while driving a commercial motor vehicle or a noncommercial motor vehicle." "(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 former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of this title, the refusal to submit to state administered chemical testing as prescribed by Code Section 40-5-55 Article 9 of this chapter, or any combination of those offenses or refusals, arising from two or more separate incidents." SECTION 2-37. Said title is further amended by striking subsection (b) of Code Section 40-5-152, relating to operating a commercial vehicle while having measurable alcohol in system, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) A person who drives, operates, or is in physical control of a commercial motor vehicle while having any measurable alcohol in his or her system or who refuses to take a test prescribed by Code Section 40-5-55 Article 9 of this chapter to determine his or her alcohol content must be placed out of service for 24 hours." SECTION 2-38. Said title is further amended by striking Code Section 40-5-153, relating to implied consent to chemical test regarding commercial vehicles, and inserting in lieu thereof a new Code Section 40-5-153 to read as follows: "40-5-153. (a) Any person who drives a commercial motor vehicle anywhere in the state shall be deemed to have given consent, subject to the provisions of Code Sections 40-5-55 and 40-6-392, to a test or tests of that person's blood, breath, or urine for the purpose of determining that person's alcohol concentration or the presence of other drugs. (b) A test or tests may be administered at the direction of a law enforcement officer who, after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having any measurable alcohol in his or her system. (c) A person requested to submit to a test as provided in subsection (a) of this Code section must be warned by the law enforcement officer requesting the test that a refusal MONDAY, MARCH 13, 2006 3359 to submit to the test will result in that person's being disqualified from operating a commercial motor vehicle for one year under Code Section 40-5-151 and from operating a private motor vehicle as provided in Code Section 40-5-67.1. (d) If the person refuses testing, the law enforcement officer must submit an affidavit to the department within ten days of such refusal certifying that the test was requested pursuant to subsection (a) of this Code section and that the person refused to submit to testing. (e) Upon receipt of the affidavit submitted by a law enforcement officer under subsection (d) of this Code section, the department must disqualify the driver from driving a commercial motor vehicle for a period of one year as provided under Code Section 40-5-151 and, if the driver refused testing, from operating a private motor vehicle as provided under Code Section 40-5-67.1. If the driver is in possession of a driver's license, the officer shall take possession of the license and attach it to the affidavit Reserved." SECTION 2-39. Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 40-6-3, relating to application of chapter to operation of vehicles on highways and exceptions, and inserting in lieu thereof a new paragraph (3) to read as follows: "(3) The provisions of this chapter relating to reckless driving, driving in violation of Code Section 40-6-391 Part 2 of Article 15 of this chapter, and homicide by vehicle shall apply to vehicles operated upon highways and elsewhere throughout the state;". SECTION 2-40. Said title is further amended by striking Code Section 40-6-291, relating to traffic laws applicable to bicycles, and inserting in lieu thereof a new Code Section 40-6-291 to read as follows: "40-6-291. The provisions of this chapter that apply to vehicles, but not exclusively to motor vehicles, shall apply to bicycles, except that the penalties prescribed in subsection (b) of Code Section 40-6-390, subsection (c) of Code Section 40-6-391, and subsection (a) of Code Section 40-6-393, and Code Section 40-6-414 shall not apply to persons riding bicycles." SECTION 2-41. Said title is further amended by striking Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and inserting in lieu thereof a new Code Section 40-6-391 to read as follows: "40-6-391. (a) A person shall not drive or be in actual physical control of any moving vehicle while: (1) Under the influence of alcohol to the extent that it is less safe for the person to drive; 3360 JOURNAL OF THE HOUSE (2) Under the influence of any drug to the extent that it is less safe for the person to drive; (3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive; (4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive; (5) The person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or (6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use. (c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows: (1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender's alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph; (C) Not less than 40 hours of community service, except that for a conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 20 hours; MONDAY, MARCH 13, 2006 3361 (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; and (E) If the defendant is sentenced to a period of imprisonment for less than 12 months, a period of probation of 12 months less any days during which the defendant is actually incarcerated; (2) For the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than 90 days nor more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not less than 72 hours of actual incarceration; (C) Not less than 30 days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; and (E) Undergoing a clinical evaluation as defined in Code Section 40-5-1 and, if indicated by such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the defendant is actually incarcerated; or (3) For the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not less than 15 days of actual incarceration; 3362 JOURNAL OF THE HOUSE (C) Not less than 30 days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; and (E) Undergoing a clinical evaluation as defined in Code Section 40-5-1 and, if indicated by such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the defendant is actually incarcerated. For the purpose of imposing a sentence under this subsection, a plea of nolo contendere or an adjudication of delinquency based on a violation of this Code section shall constitute a conviction. (d)(1) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section. (2) Notwithstanding any provision of this Code section to the contrary, any court authorized to hear cases involving violations of this Code section shall be authorized to exercise the power to probate, suspend, or stay any sentence imposed. Such power shall, however, be limited to the conditions and limitations imposed by subsection (c) of this Code section. (e) The foregoing limitations on punishment also shall apply when a defendant has been convicted of violating, by a single transaction, more than one of the four provisions of subsection (a) of this Code section. (f) The provisions of Code Section 17-10-3, relating to general punishment for misdemeanors including traffic offenses, and the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, shall not apply to any person convicted of violating any provision of this Code section. (g)(1) If the payment of the fine required under subsection (c) of this Code section will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section. (2) In the sole discretion of the judge, he or she may suspend up to one-half of the fine imposed under paragraph (2) or (3) of subsection (c) of this Code section for a second or subsequent conviction conditioned upon the defendant's undergoing treatment in a substance abuse treatment program as defined in Code Section 40-5-1. (h) For purposes of determining under this chapter prior convictions of or pleas of nolo contendere to violating this Code section, in addition to the offense prohibited by this Code section, a conviction of or plea of nolo contendere to any of the following offenses shall be deemed to be a violation of this Code section: MONDAY, MARCH 13, 2006 3363 (1) Any federal law substantially conforming to or parallel with the offense covered under this Code section; (2) Any local ordinance adopted pursuant to Article 14 of this chapter, which ordinance adopts the provisions of this Code section; or (3) Any previously or currently existing law of this or any other state, which law was or is substantially conforming to or parallel with this Code section. (i) A person shall not drive or be in actual physical control of any moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in such person's blood, breath, or urine. Every person convicted of violating this subsection shall be guilty of a misdemeanor and, in addition to any disqualification resulting under Article 7 of Chapter 5 of this title, the 'Uniform Commercial Driver's License Act,' shall be fined as provided in subsection (c) of this Code section. (j)(1) The clerk of the court in which a person is convicted a second or subsequent time under subsection (c) of this Code section within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name and address of the convicted person, and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section. (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith. (k)(1) A person under the age of 21 shall not drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is 0.02 grams or more at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control ended. (2) Every person convicted of violating this subsection shall be guilty of a misdemeanor for the first and second convictions and upon a third or subsequent conviction thereof be guilty of a high and aggravated misdemeanor and shall be punished and fined as provided in subsection (c) of this Code section, provided that any term of imprisonment served shall be subject to the provisions of Code Section 3364 JOURNAL OF THE HOUSE 17-10-3.1, and any period of community service imposed on such person shall be required to be completed within 60 days of the date of sentencing. (3) No plea of nolo contendere shall be accepted for any person under the age of 21 charged with a violation of this Code section. (l) A person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs. The offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child Reserved." SECTION 2-42. Said title is further amended by repealing Code Section 40-6-391.1, relating to entry of plea of nolo contendere. SECTION 2-43. Said title is further amended by repealing Code Section 40-6-391.2, relating to seizure and forfeiture of a motor vehicle operated by a habitual violator. SECTION 2-44. Said title is further amended by repealing Code Section 40-6-391.3, relating to penalty for conviction for driving under the influence of alcohol or drugs while driving a school bus. SECTION 2-45. Said title is further amended by striking Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood, and inserting in lieu thereof a new Code Section 40-6-392 to read as follows: "40-6-392. (a) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, evidence of the amount of alcohol or drug in a person's blood, urine, breath, or other bodily substance at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily substance shall be admissible. Where such a chemical test is made, the following provisions shall apply: (1)(A) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation on a machine which was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good MONDAY, MARCH 13, 2006 3365 working order and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation shall approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, along with requirements for properly operating and maintaining any testing instruments, and to issue certificates certifying that instruments have met those requirements, which certificates and permits shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences. (B) In all cases where the arrest is made on or after January 1, 1995, and the state selects breath testing, two sequential breath samples shall be requested for the testing of alcohol concentration. For either or both of these sequential samples to be admissible in the state's or plaintiff's case-in-chief, the readings shall not differ from each other by an alcohol concentration of greater than 0.020 grams and the lower of the two results shall be determinative for accusation and indictment purposes and administrative license suspension purposes. No more than two sequential series of a total of two adequate breath samples each shall be requested by the state; provided, however, that after an initial test in which the instrument indicates an adequate breath sample was given for analysis, any subsequent refusal to give additional breath samples shall not be construed as a refusal for purposes of suspension of a driver's license under Code Sections 40-5-55 and 40-5-67.1. Notwithstanding the above, a refusal to give an adequate sample or samples on any subsequent breath, blood, urine, or other bodily substance test shall not affect the admissibility of the results of any prior samples. An adequate breath sample shall mean a breath sample sufficient to cause the breath-testing instrument to produce a printed alcohol concentration analysis. (2) When a person shall undergo a chemical test at the request of a law enforcement officer, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer; (3) The person tested may have a physician or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer; and (4) Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney. The arresting officer at the time of arrest 3366 JOURNAL OF THE HOUSE shall advise the person arrested of his rights to a chemical test or tests according to this Code section. (b) Except as provided in subsection (c) of this Code section, upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, may give rise to inferences as follows: (1) If there was at that time an alcohol concentration of 0.05 grams or less, the trier of fact in its discretion may infer therefrom that the person was not under the influence of alcohol, as prohibited by paragraphs (1) and (4) of subsection (a) of Code Section 40-6-391; or (2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any inference that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1) and (4) of subsection (a) of Code Section 40-6-391, but such fact may be considered by the trier of fact with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1) and (4) of subsection (a) of Code Section 40-6-391. (c)(1) In any civil or criminal action or proceeding arising out of acts alleged to have been committed in violation of paragraph (5) of subsection (a) of Code Section 40-6391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.08 or more grams in the person's blood, breath, or urine, the person shall be in violation of paragraph (5) of subsection (a) of Code Section 40-6-391. (2) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (i) of Code Section 40-6391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.04 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (i) of Code Section 40-6-391. (3) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of Code Section 40-6391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.02 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (k) of Code Section 40-6-391. (d) In any criminal trial, the refusal of the defendant to permit a chemical analysis to be made of his blood, breath, urine, or other bodily substance at the time of his arrest shall be admissible in evidence against him. MONDAY, MARCH 13, 2006 3367 (e)(1) A certification by the office of the Secretary of State or by the Department of Human Resources that a person who drew blood was a licensed or certified physician, physician's assistant, registered nurse, practical nurse, medical technologist, medical laboratory technician, or phlebotomist at the time the blood was drawn; (2) Testimony, under oath, of the blood drawer; or (3) Testimony, under oath, of the blood drawer's supervisor or medical records custodian that the blood drawer was properly trained and authorized to draw blood as an employee of the medical facility or employer shall be admissible into evidence for the purpose of establishing that such person was qualified to draw blood as required by this Code section. (f) Each time an approved breath-testing instrument is inspected, the inspector shall prepare a certificate which shall be signed under oath by the inspector and which shall include the following language: 'This breath-testing instrument (serial no. ______________ ) was thoroughly inspected, tested, and standardized by the undersigned on (date ______________ ) and all of its electronic and operating components prescribed by its manufacturer are properly attached and are in good working order.' When properly prepared and executed, as prescribed in this subsection, the certificate shall, notwithstanding any other provision of law, be self-authenticating, shall be admissible in any court of law, and shall satisfy the pertinent requirements of paragraph (1) of subsection (a) of this Code section and subparagraph (g)(2)(F) of Code Section 40-5-67.1 Reserved." SECTION 2-46. Said title is further amended by striking subsections (a) and (b) of Code Section 40-6393, relating to homicide by vehicle, and inserting in lieu thereof new subsections (a) and (b) to read as follows: "(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 or Part 2 of Article 15 of this chapter commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years. (b) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 or Part 2 of Article 15 of this chapter commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3." SECTION 2-47. Said title is further amended by striking Code Section 40-6-393.1, relating to feticide by 3368 JOURNAL OF THE HOUSE vehicle, and inserting in lieu thereof a new Code Section 40-6-393.1 to read as follows: "40-6-393.1. (a)(1) A person commits the offense of feticide by vehicle in the first degree if he or she causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child through the violation of Code Section 40-6-390 or 40-6-391 Part 2 of Article 15 of this chapter, which would be homicide by vehicle in the first degree as provided in subsection (a) or (c) of Code Section 406-393 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vehicle in the first degree shall be punished by imprisonment for not less than two years nor more than 15 years. (b)(1) A person commits the offense of feticide by vehicle in the second degree if he or she causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child by violating any provision of this title other than Code Section 40-6-390 or 40-6-391 Part 2 of Article 15 of this chapter, which would be homicide by vehicle in the second degree as provided in subsection (b) of Code Section 40-6-393 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vehicle in the second degree shall be punished as provided in Code Section 17-10-3." SECTION 2-48. Said title is further amended by striking Code Section 40-6-394, relating to serious injury by vehicle, and inserting in lieu thereof a new Code Section 40-6-394 to read as follows: "40-6-394. Whoever, without malice, shall cause bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, by seriously disfiguring his or her body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of Code Section 40-6-390 or 40-6-391 Part 2 of Article 15 of this chapter shall be guilty of the crime of serious injury by vehicle. A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than 15 years." SECTION 2-49. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking paragraph (1) of subsection (b) of Code Section 42-4-7, relating to maintenance of inmate record by sheriff and earned time allowances, and inserting in lieu thereof a new paragraph (1) to read as follows: "(b)(1) The sheriff, chief jailer, warden, or other officer designated by the county as custodian of inmates confined as county inmates for probation violations of felony offenses or as provided in subsection (a) of Code Section 17-10-3 may award earned time allowances to such inmates based on institutional behavior. Earned time allowances shall not be awarded which exceed one-half of the period of confinement imposed, except that the sheriff or other custodian may authorize the award of not MONDAY, MARCH 13, 2006 3369 more than four days credit for each day on which an inmate does work on an authorized work detail; provided, however, that such increased credit for performance on a work detail shall not apply to an inmate who is incarcerated for: (A) A second or subsequent offense of driving under the influence under former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of Title 40 within a fiveyear period of time, as measured from the date of any previous arrest for which a conviction was obtained or a plea of nolo contendere was accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted; (B) A misdemeanor of a high and aggravated nature; or (C) A crime committed against a family member as defined in Code Section 19-131." SECTION 2-50. Said title is further amended by striking paragraph (2) of subsection (d) of Code Section 42-8-34, relating to hearings and determinations regarding probation, and inserting in lieu thereof a new paragraph (2) to read as follows: "(2) In addition to any other provision of law, any person convicted of a violation of Code Section 40-6-391 or subsection (b) of Code Section 16-13-2 or Part 2 of Article 15 of Chapter 6 of Title 40 who is sentenced to probation or a suspended sentence by a municipal, magistrate, probate, recorder's, mayor's, state, or superior court shall also be required by the court to pay a one-time fee of $25.00. The clerk of court, or if there is no clerk the person designated to collect fines, fees, and forfeitures for such court, shall collect such fee and remit the same not later than the last day of the month after such fee is collected to the Georgia Superior Court Clerks Cooperative Authority for deposit into the general fund of the state treasury." SECTION 2-51. Said title is further amended by striking subsection (a) of Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) In addition to any other provision of probation, upon a second or subsequent conviction of a resident of this state for violating former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of Title 40 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, for which such person is granted probation, the court shall order as conditions of probation that: (1) Such person shall have installed and shall maintain in each motor vehicle registered in such person's name throughout the applicable six-month period prescribed by subsection (b) of Code Section 42-8-112 a functioning, certified ignition interlock device, unless the court exempts the person from the requirements of this paragraph based upon the court's determination that such requirements would subject the person to undue financial hardship; and 3370 JOURNAL OF THE HOUSE (2) Such person shall have installed and shall maintain in any other motor vehicle to be driven by such person during the applicable six-month period prescribed by subsection (b) of Code Section 42-8-112 a functioning, certified ignition interlock device, and such person shall not during such six-month period drive any motor vehicle whatsoever that is not so equipped. For the purposes of this subsection, a plea of nolo contendere shall constitute a conviction; and a conviction of any offense under the law of another state or territory substantially conforming to any offense under former Code Section 40-6-391 or Part 2 of Article 15 of Chapter 6 of Title 40 shall be deemed a conviction of violating said Code section part." SECTION 2-52. Said title is further amended by striking paragraphs (2) and (3) of subsection (b) of Code Section 42-8-112, relating to proof of compliance required for reinstatement of certain drivers licenses and for obtaining probationary license, and inserting in lieu thereof new paragraphs (2) and (3) to read as follows: "(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 former Code Section 40-5-67.2 or Article 9 of Chapter 5 of Title 40 to apply for reinstatement of his or her driver's 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 40-5-63.1, 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 driver's license. At the expiration of such six-month ignition interlock device limited driving permit, the driver may, if otherwise qualified, apply for reinstatement of a regular driver's license upon payment of the fee provided in Code Section 40-525. (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 former Code Section 40-5-67.2 or under Article 9 of Chapter 5 of Title 40 to obtain a habitual violator's 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 MONDAY, MARCH 13, 2006 3371 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." PART III SECTION 3-1. (a) The passage of this Act shall not abate or affect any prosecution or administrative proceedings against any person for violations of the law as it existed immediately prior to the effective date of this Act. Such prosecutions and administrative proceedings shall continue to be governed by the provisions of law in effect immediately prior to the effective date of this Act. (b) The passage of this Act shall not affect any suspensions, revocations, or other administrative sanctions regarding drivers licenses and the ability to operate a motor vehicle in this state that were in existence immediately prior to the effective date of this Act. Such suspensions, revocations, and other administrative sanctions shall remain in full force and effect. (c) The passage of this Act shall not affect any sentence imposed by any court upon any person for violations of the law as it existed immediately prior to the effective date of this Act. Such sentences shall remain in full force and effect. (d) Notwithstanding any other provision of law, any conviction of or plea of nolo contendere or adjudication of delinquency to a violation of former Code Section 40-6-391 or 40-6-391.3, or any local ordinance that incorporated the provisions of such former Code sections, shall be considered to be a conviction, plea of nolo contendere, or adjudication of delinquency under this Act for the purpose of sentencing or imposing any administrative sanctions authorized by this Act. SECTION 3-2. This Act shall become effective on July 1, 2006, and shall apply to all violations committed on and after such date. SECTION 3-3. 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: 3372 JOURNAL OF THE HOUSE E Abdul-Salaam Y Amerson E Anderson N Ashe Y Barnard N Barnes Y Bearden E Beasley-Teague N Benfield Y Benton N 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 N Burns Y Butler Y Byrd N Carter Casas Y Chambers N Channell Cheokas Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox N Crawford N Cummings Y Davis Y Day N Dean N Dickson Y Dodson Dollar Drenner N Dukes N Ehrhart Y England Epps Y Everson Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Graves, D Y Graves, T N Greene N Hanner Y Harbin Y Hatfield Heard, J N Heard, K N Heckstall Y Hembree Henson N Hill, C Y Hill, C.A N Holmes N Holt Y Horne N Houston N Howard, E N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson N Jenkins N Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight N Knox N Lakly Y Lane, B E Lane, R Y Lewis N Lindsey N Lord Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin Y Maxwell May N McCall E McClinton Y Meadows E Millar Y Mills N Mitchell N Morgan Y Morris Y Mosby Y Mosley N Mumford N Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Reese N Rice Y Roberts Y Rogers N Royal Y Rynders N Sailor Y Scheid Y Scott, A Y Scott, M N Setzler N Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B N Tumlin Y Walker E Warren Y Watson N Wilkinson N 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 76, nays 84. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Hatfield of the 177th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 1222. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Amerson E Anderson N Ashe Y Barnard N Barnes N Crawford Cummings Y Davis N Day N Dean N Dickson N Hill, C.A N Holmes N Holt Y Horne N Houston N Howard, E Y Martin Y Maxwell May N McCall E McClinton Y Meadows N Sailor Y Scheid N Scott, A Y Scott, M N Setzler Y Shaw MONDAY, MARCH 13, 2006 3373 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 Buckner, G Y Burkhalter Y Burmeister N Burns Y Butler Y Byrd N Carter Y Casas N Chambers N Channell Cheokas Y Coan Y Cole N Coleman, B N Coleman, T Y Cooper Y Cox N Dodson Dollar Drenner N Dukes N Ehrhart Y England Epps Y Everson Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Freeman N Gardner N Geisinger Y Golick Graves, D Y Graves, T N Greene N Hanner Y Harbin Y Hatfield Heard, J N Heard, K N Heckstall Y Hembree Henson N Hill, C N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson N Jenkins N Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight N Knox N Lakly Y Lane, B E Lane, R N Lewis N Lindsey N Lord Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin E Millar Y Mills N Mitchell Morgan Y Morris Y Mosby Y Mosley N Mumford N Murphy, J N Murphy, Q Y Neal N Oliver N O'Neal N Orrock N Parham N Parrish N Parsons N Porter N Powell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Reese N Rice Y Roberts Y Rogers N Royal Y Rynders Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B N Smith, L N Smith, P Y Smith, R Y Smith, T N Smith, V N Smyre N Stanley-Turner Stephens Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker E Warren Y Watson N Wilkinson N Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 66, nays 92. The motion was lost. HB 1195. By Representatives Willard of the 49th, Tumlin of the 38th, Wilkinson of the 52nd, Geisinger of the 48th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to require complaints to be accompanied in filing with the civil case filing form; to require judgments to be accompanied in filing with the civil case disposition form; to change certain provisions relating to commencement of actions; to change certain provisions relating to entry of judgment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: 3374 JOURNAL OF THE HOUSE A BILL To amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to require complaints to be accompanied in filing with the civil case filing form; to require judgments to be accompanied in filing with the civil case disposition form; to change certain provisions relating to commencement of actions; to provide for amended civil case filing forms; to change certain provisions relating to entry of judgment; to provide for confidential settlement agreements being excluded on civil case disposition forms; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," is amended by striking Code Section 9-11-3, relating to commencement of actions, and inserting in lieu thereof the following: "9-11-3. (a) A civil action is commenced by filing a complaint with the court. (b) At the time of filing the complaint for a civil action in superior court or state court, or as soon as practicable thereafter, the plaintiff shall file the appropriate civil case filing form with the clerk of the court. The form shall contain complete information and shall be substantially in the form prescribed in Code Section 9-11-133. The filing of the complaint shall not be delayed for the filing of the case filing form. If, after a civil action has been filed, the court presiding over the civil action decides that the civil case filing form has not been filed or has been filed incorrectly, the court shall require the plaintiff to file the civil case filing form or an amended form. In no case shall the failure to accurately complete the civil case filing form required by this Code section provide a basis to dismiss a civil action." SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 9-11-58, relating to the entry of judgment and filing of the civil case disposition form, and inserting in lieu thereof the following: "(b) When judgment entered. The filing with the clerk of a judgment, signed by the judge, with the fully completed civil case disposition form constitutes the entry of the judgment, and, unless the court otherwise directs, no judgment shall be effective for any purpose until the entry of the same, as provided in this subsection. As part At the time of the filing of the final judgment, a civil case disposition form shall be filed by the prevailing party or by the plaintiff if the case is settled, dismissed, or otherwise disposed of without a prevailing party; provided, however, that the amount of a sealed or otherwise confidential settlement agreement shall not be disclosed on the civil case disposition form. The form shall be substantially in the form prescribed in Code MONDAY, MARCH 13, 2006 3375 Section 9-11-133. If any of the information required by the form is sealed by the court, the form shall state that fact and the information under seal shall not be provided. The entry of the judgment shall not be made by the clerk of the court until the civil case disposition form is filed. The entry of the judgment shall not be delayed for the taxing of costs or the filing of the case disposition form." SECTION 3. This Act shall become on July 1, 2006, and shall apply to actions and judgments filed on or after July 1, 2006. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam N 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 Bruce Y Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns Y Butler N Byrd N Carter Y Casas Y Chambers N Channell Cheokas N Coan N Crawford Y Cummings N Davis N Day Y Dean Y Dickson Y Dodson N Dollar Drenner Y Dukes Y Ehrhart N England Epps N Everson Y Fleming Y Floyd, H N Floyd, J Y Fludd Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick N Graves, D N Graves, T Y Greene N Hanner Y Harbin N Hatfield N Heard, J Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs N James Y Jamieson N Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight N Knox N Lakly Y Lane, B E Lane, R N Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Martin Y Maxwell N May N McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan N Morris Y Mosby N Mosley Y Mumford N Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock N Parham N Parrish Y Parsons Y Porter Y Powell Ralston Y Randall N Ray Reece, B Y Reece, S N Reese N Sailor N Scheid Y Scott, A N Scott, M Y Setzler N Shaw N Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Williams, A 3376 JOURNAL OF THE HOUSE Y Cole N Coleman, B N Coleman, T Y Cooper Y Cox Y Heard, K Y Heckstall Y Hembree Y Henson N Hill, C N Lunsford Y Maddox Y Mangham N Manning Y Marin Y Rice N Roberts Y Rogers N Royal N Rynders Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 111, nays 51. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Williams of the 89th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1230. By Representatives Lindsey of the 54th, Jones of the 46th and Geisinger of the 48th: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain provisions in the "Georgia Development Impact Fee Act"; to change definitions; to increase community participation in development impact fee advisory committees; to provide for the expenditure of impact fees; to correct cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain provisions in the "Georgia Development Impact Fee Act"; to change and provide for definitions; to increase community participation in development impact fee advisory committees; to provide for the expenditure of impact fees; to correct cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Chapter 71, relating to the "Georgia Development Impact Fee Act," and inserting in lieu thereof the following: MONDAY, MARCH 13, 2006 3377 "36-71-1. (a) This chapter shall be known and may be cited as the 'Georgia Development Impact Fee Act.' (b) The General Assembly finds that an equitable program for planning and financing public facilities and public transportation needed to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety, and general welfare of the citizens of the State of Georgia. It is the intent of this chapter to: (1) Ensure that adequate public facilities and public transportation are available to serve new growth and development; (2) Promote orderly growth and development by establishing uniform standards by which municipalities and counties may require that new growth and development pay a proportionate share of the cost of new public facilities and public transportation needed to serve new growth and development; (3) Establish minimum standards for the adoption of development impact fee ordinances by municipalities and counties; and (4) Ensure that new growth and development is required to pay no more than its proportionate share of the cost of public facilities and public transportation needed to serve new growth and development and to prevent duplicate and ad hoc development exactions. 36-71-2. As used in this chapter, the term: (1) 'Capital improvement' means an improvement with a useful life of ten years or more, by new construction or other action, which increases the service capacity of a public facility or public transportation. (2) 'Capital improvements element' means a component of a comprehensive plan adopted pursuant to Chapter 70 of this title which sets out projected needs for system improvements during a planning horizon established in the comprehensive plan, a schedule of capital improvements that will meet the anticipated need for system improvements, and a description of anticipated funding sources for each required improvement. (3) 'Comprehensive plan' has the same meaning as provided for in Chapter 70 of this title. (4) 'Developer' means any person or legal entity undertaking development. (5) 'Development' means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any change in the use of land, any of which creates additional demand and need for public facilities or public transportation. (6) 'Development approval' means any written authorization from a municipality or county which authorizes the commencement of construction. (7) 'Development exaction' means a requirement attached to a development approval or other municipal or county action approving or authorizing a particular development 3378 JOURNAL OF THE HOUSE project, including but not limited to a rezoning, which requirement compels the payment, dedication, or contribution of goods, services, land, or money as a condition of approval. (8) 'Development impact fee' means a payment of money imposed upon development as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve new growth and development. (9) 'Encumber' means to legally obligate by contract or otherwise commit to use by appropriation or other official act of a municipality or county. (10) 'Feepayor' means that person who pays a development impact fee or his successor in interest where the right or entitlement to any refund of previously paid development impact fees which is required by this chapter has been expressly transferred or assigned to the successor in interest. In the absence of an express transfer or assignment of the right or entitlement to any refund of previously paid development impact fees, the right or entitlement shall be deemed 'not to run with the land.' (10.1)(11) 'Governmental entity' means any water authority, water and sewer authority, or water or waste-water authority created by or pursuant to an Act of the General Assembly of Georgia. (11)(12) 'Level of service' means a measure of the relationship between service capacity and service demand for public facilities or public transportation in terms of demand to capacity ratios, or the comfort and convenience of use or service of public facilities or public transportation, or both. (12)(13) 'Present value' means the current value of past, present, or future payments, contributions or dedications of goods, services, materials, construction, or money. (13)(14) 'Project' means a particular development on an identified parcel of land. (14)(15) 'Project improvements' means site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project and are not system improvements. The character of the improvement shall control a determination of whether an improvement is a project improvement or system improvement and the physical location of the improvement on site or off site shall not be considered determinative of whether an improvement is a project improvement or a system improvement. If an improvement or facility provides or will provide more than incidental service or facilities capacity to persons other than users or occupants of a particular project, the improvement or facility is a system improvement and shall not be considered a project improvement. No improvement or facility included in a plan for public facilities or public transportation approved by the governing body of the municipality or county shall be considered a project improvement. (15)(16) 'Proportionate share' means that portion of the cost of system improvements which is reasonably related to the service demands and needs of the project within the defined service area. (16)(17) 'Public facilities' means: (A) Water supply production, treatment, and distribution facilities; MONDAY, MARCH 13, 2006 3379 (B) Waste-water collection, treatment, and disposal facilities; (C) Roads, streets, and bridges, including rights of way, traffic signals, landscaping, and any local components of state or federal highways; (D) Storm-water collection, retention, detention, treatment, and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements; (E)(D) Parks, open space, and recreation areas and related facilities; (F)(E) Public safety facilities, including police, fire, emergency medical, and rescue facilities; and (G)(F) Libraries and related facilities. (18) 'Public transportation' means roads, streets, and bridges, including rights of way, traffic signals, landscaping, any local components of state or federal highways, streetcars, light rail projects, or other transportation rail projects, including preconstruction activities, when such projects are not part of a system that is presently owned by a regional transportation authority. (17)(19) 'Service area' means a geographic area defined by a municipality, county, or intergovernmental agreement in which a defined set of public facilities or public transportation provide service to development within the area. Service areas shall be designated on the basis of sound planning or engineering principles or both. (18)(20) 'System improvement costs' means costs incurred to provide additional public facilities or public transportation capacity needed to serve new growth and development for planning, design and construction, land acquisition, land improvement, design and engineering related thereto, including the cost of constructing or reconstructing system improvements or facility expansions, including but not limited to the construction contract price, surveying and engineering fees, related land acquisition costs (including land purchases, court awards and costs, attorneys fees, and expert witness fees), and expenses incurred for qualified staff or any qualified engineer, planner, architect, landscape architect, or financial consultant for preparing or updating the capital improvement element, and administrative costs, provided that such administrative costs shall not exceed 3 percent of the total amount of the costs. Projected interest charges and other finance costs may be included if the impact fees are to be used for the payment of principal and interest on bonds, notes, or other financial obligations issued by or on behalf of the municipality or county to finance the capital improvements element but such costs do not include routine and periodic maintenance expenditures, personnel training, and other operating costs. (19)(21) 'System improvements' means capital improvements that are public facilities or public transportation and are designed to provide service to the community at large, in contrast to 'project improvements.' (22) 'Transportation impact fee' means those development impact fees specifically paid for public transportation improvement. 36-71-3. 3380 JOURNAL OF THE HOUSE (a) Municipalities and counties which have adopted a comprehensive plan containing a capital improvements element are authorized to impose by ordinance development impact fees as a condition of development approval on all development pursuant to and in accordance with the provisions of this chapter. After the transition period provided in this chapter, development exactions for other than project improvements shall be imposed by municipalities and counties only by way of development impact fees imposed pursuant to and in accordance with the provisions of this chapter. (b) Notwithstanding any other provision of this chapter, that portion of a project for which a valid building permit has been issued prior to the effective date of a municipal or county development impact fee ordinance shall not be subject to development impact fees so long as the building permit remains valid and construction is commenced and is pursued according to the terms of the permit. (c) Payment of a development impact fee shall be deemed to be in compliance with any municipal or county requirement for the provision of adequate public facilities or services or public transportation in regard to the system improvements for which the development impact fee was paid. 36-71-4. (a) A development impact fee shall not exceed a proportionate share of the cost of system improvements, as defined in this chapter. (b) Development impact fees shall be calculated and imposed on the basis of service areas. (c) Development impact fees shall be calculated on the basis of levels of service for public facilities or public transportation that are adopted in the municipal or county comprehensive plan that are applicable to existing development as well as the new growth and development. (d) A municipal or county development impact fee ordinance shall provide that development impact fees shall be collected not earlier in the development process than the issuance of a building permit authorizing construction of a building or structure; provided, however, that development impact fees for public transportation or public facilities described in subparagraph (D) (C) of paragraph (16)(17) of Code Section 3671-2 may be collected at the time of a development approval that authorizes site construction or improvement which requires public transportation or public facilities described in subparagraph (D) (C) of paragraph (18)(17) of Code Section 36-71-2. (e) A municipal or county development impact fee ordinance shall include a schedule of impact fees specifying the development impact fee for various land uses per unit of development on a service an area by service area basis. The ordinance shall provide that a developer shall have the right to elect to pay a project's proportionate share of system improvement costs by payment of development impact fees according to the fee schedule as full and complete payment of the development project's proportionate share of system improvement costs. (f) A municipal or county development impact fee ordinance shall be adopted in accordance with the procedural requirements of Code Section 36-71-6. MONDAY, MARCH 13, 2006 3381 (g) A municipal or county development impact fee ordinance shall include a provision permitting individual assessments of development impact fees at the option of applicants for development approval under guidelines established in the ordinance. (h) A municipal or county development impact fee ordinance shall provide for a process whereby a developer may receive a certification of the development impact fee schedule or individual assessment for a particular project, which shall establish the development impact fee for a period of 180 days from the date of certification. (i) A municipal or county development impact fee ordinance shall include a provision for credits in accordance with the requirements of Code Section 36-71-7. (j) A municipal or county development impact fee ordinance shall include a provision prohibiting the expenditure of development impact fees except in accordance with the requirements of Code Section 36-71-8. (k) A municipal or county development impact fee ordinance may provide for the imposition of a development impact fee for system improvement costs previously incurred by a municipality or county to the extent that new growth and development will be served by the previously constructed system improvements. (l) A municipal or county development impact fee ordinance may exempt all or part of particular development projects from development impact fees if: (1) Such projects are determined to create extraordinary economic development and employment growth or affordable housing; (2) The public policy which supports the exemption is contained in the municipality's or county's comprehensive plan; and (3) The exempt development's proportionate share of the system improvement is funded through a revenue source other than development impact fees. (m) A municipal or county development impact fee ordinance shall provide that development impact fees shall only be spent for the category of system improvements for which the fees were collected and in the service area in which the project for which the fees were paid is located. (n) A municipal or county development impact fee ordinance shall provide that, in the event a building permit is abandoned, credit shall be given for the present value of the development impact fee against future development impact fees for the same parcel of land. (o) A municipal or county development impact fee ordinance shall provide for a refund of development impact fees in accordance with the requirements of Code Section 3671-9. (p) A municipal or county development impact fee ordinance shall provide for appeals from administrative determinations regarding development impact fees in accordance with the requirements of Code Section 36-71-10. (q) Development impact fees shall be based on actual system improvement costs or reasonable estimates of such costs. (r) Development impact fees shall be calculated on a basis which is net of credits for the present value of revenues that will be generated by new growth and development based on historical funding patterns and that are anticipated to be available to pay for 3382 JOURNAL OF THE HOUSE system improvements, including taxes, assessments, user fees, and intergovernmental transfers. 36-71-5. (a) Prior to the adoption of a development impact fee ordinance, a municipality or county adopting an impact fee program shall establish a Development Impact Fee Advisory Committee. (b) Such committee shall be composed of not less than five nor more than ten members appointed by the governing authority of the municipality or county and at least 40 50 percent of the membership shall be representatives from the development, building, or real estate industries industry. An existing planning commission or other existing committee that meets these requirements may serve as the Development Impact Fee Advisory Committee. (c) The Development Impact Fee Advisory Committee shall serve in an advisory capacity to assist and advise the governing body of the municipality or county with regard to the adoption of a development impact fee ordinance. In that the committee is advisory, no action of the committee shall be considered a necessary prerequisite for municipal or county action in regard to adoption of an ordinance. 36-71-6. Prior to the adoption of an ordinance imposing a development impact fee pursuant to this chapter, the governing body of a municipality or county shall cause two duly noticed public hearings to be held in regard to the proposed ordinance. The second hearing shall be held at least two weeks after the first hearing. 36-71-7. (a) In the calculation of development impact fees for a particular project, credit shall be given for the present value of any construction of improvements or contribution or dedication of land or money required or accepted by a municipality or county from a developer or his or her predecessor in title or interest for system improvements of the category for which the development impact fee is being collected. Credits shall not be given for project improvements. (b) In the event that a developer enters into an agreement with a county or municipality to construct, fund, or contribute system improvements such that the amount of the credit created by such construction, funding, or contribution is in excess of the development impact fees which would otherwise have been paid for the development project, the developer shall be reimbursed for such excess construction, funding, or contribution from development impact fees paid by other development located in the service area which is benefited by such improvements. 36-71-8. (a) An ordinance imposing development impact fees shall provide that all development impact fee funds shall be maintained in one or more interest-bearing accounts. MONDAY, MARCH 13, 2006 3383 Accounting records shall be maintained for each category of system improvements and the service area in which the fees are collected. Interest earned on development impact fees shall be considered funds of the account on which it is earned and shall be subject to all restrictions placed on the use of development impact fees under the provisions of this chapter. The accounting records shall include the following information: (1) The accounting records to be maintained shall specify the address of each property which paid development impact fees, the amount of fees paid in each category in which fees were collected, and the date that such fees were paid; and (2) As to any exemptions granted, the accounting records to be maintained shall specify the address of each property for which exemptions were granted, the reason for which such exemption was granted, and the revenue source from which the exempt development's proportionate share of the system improvements is to be paid. (b) Expenditures of development impact fees shall be made only for the category of system improvements and in the service area for which the development impact fee was imposed as shown by the capital improvement improvements element and as authorized by this chapter. Development impact fees shall not be used to pay for any purpose that does not involve system improvements that create additional service available to serve new growth and development. (c)(1) Transportation impact fees shall be expended to fund, in whole or in part, system improvement projects: (A) That have been identified in the capital improvements element of the municipality's or county's comprehensive development plan; and (B) That are prioritized by proximity to areas which have generated transportation impact fees and which provide the largest improvement in level of service for public transportation. (2) Where no proposed system improvement project meets the criteria set forth in paragraph (1) of this subsection, transportation impact fees may be expended to fund, in whole or in part, system improvement projects that are included in the capital improvements element of the municipality's or county's comprehensive development plan, provided that the county or municipality separately states in its annual report that transportation impact fees have been expended, or encumbered, under this subsection. Each municipality or county which funds a system improvement project under this subsection shall be required to document that no projects met the criteria set forth in paragraph (1) of this subsection and shall include documentation stating the planning or engineering principles that demonstrate that such project provided service to developments which paid transportation impact fees. (3) Where the expenditure of development impact fees paid by a development is allocated to system improvements in the general area of such development, through an agreement between the municipality or county and the fee payor and such agreement is approved by the governing body, the analysis required by paragraphs (1) and (2) of this subsection shall not be applicable. 3384 JOURNAL OF THE HOUSE (d) As part of its annual audit process, a municipality or county shall prepare an annual report describing the amount of any development impact fees collected, encumbered, and used during the preceding year by category of public facility and service area. 36-71-9. Any municipality or county which adopts a development impact fee ordinance shall provide for refunds in accordance with the following provisions: (1) Upon the request of an owner of property on which a development impact fee has been paid, a municipality or county shall refund the development impact fee if capacity is available and service is denied or if the municipality or county, after collecting the fee when service is not available, has failed to encumber the development impact fee or commence construction within six years after the date that the fee was collected. In determining whether development impact fees have been encumbered, development impact fees shall be considered encumbered on a first-in, first-out (FIFO) basis; (2) When the right to a refund exists due to a failure to encumber development impact fees, the municipality or county shall provide written notice of entitlement to a refund to the feepayor who paid the development impact fee at the address shown on the application for development approval or to a successor in interest who has given notice to the municipality or county of a transfer or assignment of the right or entitlement to a refund and who has provided a mailing address. Such notice shall also be published within 30 days after the expiration of the six-year period after the date that the development impact fees were collected and shall contain the heading 'Notice of Entitlement to Development Impact Fee Refund'; (3) An application for a refund shall be made within one year of the time such refund becomes payable under paragraph (1) or (2) of this Code section or within one year of publication of the notice of entitlement to a refund under this Code section, whichever is later; (4) A refund shall include a refund of a pro rata share of interest actually earned on the unused or excess development impact fee collected; (5) All refunds shall be made to the feepayor within 60 days after it is determined by a municipality or county that a sufficient proof of claim for a refund has been made; and (6) The feepayor shall have standing to sue for a refund under the provisions of this chapter if there has been a timely application for a refund and the refund has been denied or has not been made within one year of submission of the application for refund to the collecting municipality or county. 36-71-10. (a) A municipality or county which adopts a development impact fee ordinance shall provide for administrative appeals to the governing body or such other body as designated in the ordinance of a determination of the development impact fees for a particular project. MONDAY, MARCH 13, 2006 3385 (b) A developer may pay a development impact fee under protest in order to obtain a development approval or building permit, as the case may be. A developer making such payment shall not be estopped from exercising the right of appeal provided by this chapter, nor shall such developer be estopped from receiving a refund of any amount deemed to have been illegally collected. (c) A municipality or county development impact fee ordinance may provide for the resolution of disputes over the development impact fee by binding arbitration through the American Arbitration Association or otherwise. 36-71-11. Municipalities and counties which are jointly affected by development are authorized to enter into intergovernmental agreements with each other, with authorities, or with the state for the purpose of developing joint plans for capital improvements or for the purpose of agreeing to collect and expend development impact fees for system improvements, or both, provided that such agreement complies with any applicable state laws. 36-71-12. This chapter shall not repeal any existing laws authorizing a municipality or county to impose fees or require contributions or property dedications for capital improvements; provided, however, that all local ordinances or resolutions imposing development exactions for system improvements on April 4, 1990, shall be brought into conformance with this chapter no later than November 30, 1992. 36-71-13. (a) Nothing in this chapter shall prevent a municipality or county from requiring a developer to construct reasonable project improvements in conjunction with a development project. (b) Nothing in this chapter shall be construed to prevent or prohibit private agreements between property owners or developers and municipalities, counties, or other governmental entities in regard to the construction or installation of system improvements and providing for credits or reimbursements for system improvement costs incurred by a developer, including interproject transfers of credits or providing for reimbursement for project improvement costs which are used or shared by more than one development project. (c) Nothing in this chapter shall limit a municipality, county, or other governmental entity which provides water or sewer service from collecting a proportionate share of the capital cost of water or sewer facilities by way of hook-up or connection fees as a condition of water or sewer service to new or existing users, provided that the development impact fee ordinance of a municipality or county or other governmental entity that collects development impact fees pursuant to this chapter shall include a provision for credit for such hook-up or connection fees collected by the municipality or county to the extent that such hook-up or connection fee is collected to pay for 3386 JOURNAL OF THE HOUSE system improvements. Imposition of such hook-up or connection fees by any governmental entity to pay for system improvements either existing or new shall be consistent with the capital improvement improvements element of the comprehensive plan and shall be subject to the approval of each county, municipality, or combination thereof which appoints the governing body of such entity. The adoption, imposition, collection, and expenditure of such fees for system improvements by any governmental entity shall be subject to the same procedures applicable to the adoption, imposition, collection, and expenditure of development impact fees by a county. (d) Nothing in this chapter shall apply to a water authority created by Act of the General Assembly, as long as such authority is not established as a political subdivision of the State of Georgia but instead acts subject to the approval of a county governing authority." SECTION 2. This Act shall become effective on July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Graves of the 12th et al. move to amend the Committee substitute to HB 1230 by striking lines 5 through 9 of page 4 and inserting in lieu thereof the following: (18) 'Public transportation' means roads, streets, and bridges, including rights of way, traffic signals, landscaping, and any local components of state or federal highways. On the adoption of the amendment, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson N Ashe N 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 Crawford Y Cummings Y Davis Y Day N Dean N Dickson N Dodson N Dollar Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H E Floyd, J N Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E N Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins Y Jennings N Johnson Y Jones, J N Jones, S Y Martin N Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills N Mitchell Morgan N Morris N Mosby Y Mosley N Mumford N Murphy, J N Murphy, Q Y Neal N Sailor N Scheid N Scott, A Y Scott, M Y 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 MONDAY, MARCH 13, 2006 3387 N Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister N Burns N Butler Y Byrd N Carter Y Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman, B N Coleman, T N Cooper Y Cox N Fludd Y Forster Y Franklin N Freeman N Gardner N Geisinger Y Golick N 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 Jordan Y Keen N Keown N Kidd Y Knight Knox Y Lakly N Lane, B E Lane, R Y Lewis N Lindsey N Lord Y Loudermilk Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin N Oliver Y O'Neal N Orrock N Parham N Parrish N Parsons N Porter N Powell Y Ralston N Randall N Ray N Reece, B Y Reece, S N Reese N Rice Y Roberts Y Rogers N Royal Y Rynders N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B N Tumlin N Walker E 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 59, nays 107. The amendment was lost. The following amendment was read: Representatives Lindsey of the 54th, Jones of the 46th, and Scott of the 153rd move to amend the Committee substitute to HB 1230 by striking lines 5 through 9 of page 4 and inserting in lieu thereof the following: (18) 'Public transportation' means roads, streets, and bridges, including rights of way, traffic signals, landscaping, and any local components of state or federal highways. This term may also include streetcars, light rail projects, or other transportation rail projects, including preconstruction activities, upon authorization from a municipality or county government, when such projects are not part of a system that is owned by a regional transportation authority. The following amendment was read and adopted: Representatives Davis of the 109th and Byrd of the 20th move to amend the Lindsey amendment to HB 1230 as follows: Amend Amendment AM 29 0495 by inserting "or state" at the end of line 8. The following amendment was read: 3388 JOURNAL OF THE HOUSE Representative Byrd of the 20th moves to amend the Lindsey amendment to HB 1230 as follows: Line 6 strike words "may also" insert words "shall not" Line 7 insert "." after the word activities. Strike line 7 beginning with comma through end of line 9. On the adoption of the amendment, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Amerson E Anderson N Ashe N 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 N Burkhalter N Burmeister N Burns Y Butler Y Byrd N Carter N Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman, B N Coleman, T N Cooper Y Cox N Crawford N Cummings Y Davis N Day N Dean N Dickson N Dodson N Dollar Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming Y Floyd, H E Floyd, J N Fludd Forster Y Franklin N Freeman N Gardner N Geisinger Y Golick N Graves, D Y Graves, T N Greene N Hanner N Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree Henson Y Hill, C N Hill, C.A N Holmes Y Holt Y Horne N Houston N Howard, E N Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins Y Jennings N Johnson N Jones, J N Jones, S N Jordan Keen N Keown N Kidd N Knight Y Knox Y Lakly N Lane, B E Lane, R Y Lewis N Lindsey N Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin N Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Mosley N Mumford N Murphy, J N Murphy, Q Y Neal N Oliver N O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell N Ralston Randall N Ray N Reece, B Y Reece, S N Reese Y Rice Y Roberts Rogers N Royal Y Rynders Sailor N Scheid N Scott, A Y Scott, M N Setzler N Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B N Smith, L N Smith, P Y 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 N Tumlin Y Walker E Warren N Watson N Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 51, nays 113. MONDAY, MARCH 13, 2006 3389 The amendment was lost. On the adoption of the Lindsey amendment, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Amerson E Anderson Y Ashe Y Barnard Y Barnes N Bearden E Beasley-Teague Y Benfield Y Benton N Black Y Bordeaux N Borders Y Bridges Y Brooks N Brown N Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter N Burmeister N Burns Y Butler N Byrd N Carter N Casas N Chambers N Channell N Cheokas N Coan N Cole Y Coleman, B N Coleman, T N Cooper N Cox Y Crawford N Cummings Y Davis N Day N Dean N Dickson Y Dodson Y Dollar Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming Y Floyd, H E Floyd, J Y Fludd N Forster N Franklin Y Freeman Y Gardner Y Geisinger N Golick Y Graves, D N Graves, T N Greene N Hanner Y Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Henson N Hill, C Y Hill, C.A Y Holmes Y Holt N Horne N Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins N Jennings Y Johnson Y Jones, J N Jones, S N Jordan Keen Y Keown Y Kidd Y Knight N Knox N Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas N Lunsford N Maddox Y Mangham N Manning Y Marin Y Martin Y Maxwell N May N McCall E McClinton N Meadows E Millar N Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y 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 N Randall N Ray Y Reece, B N Reece, S N Reese N Rice N Roberts Y Rogers N Royal N Rynders N Sailor Y Scheid Y Scott, A N Scott, M Y Setzler N Shaw N Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P N Smith, R Y Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the amendment, as amended, the ayes were 91, nays 76. The amendment, as amended, was adopted. 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. 3390 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Amerson E Anderson Y Ashe N Barnard Y Barnes N Bearden E Beasley-Teague Y Benfield Y Benton N Black Y Bordeaux N Borders Y Bridges Y Brooks N Brown N Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter N Burmeister N Burns N Butler N Byrd N Carter N Casas Y Chambers N Channell N Cheokas N Coan N Cole Y Coleman, B N Coleman, T Y Cooper N Cox N Crawford N Cummings Y Davis Y Day N Dean N Dickson Y Dodson Y Dollar Drenner Y Dukes N Ehrhart N England N Epps N Everson N Fleming Y Floyd, H E Floyd, J N Fludd N Forster N Franklin Y Freeman Y Gardner Y Geisinger N Golick Y Graves, D N Graves, T N Greene N Hanner Y Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Henson Y Hill, C Y Hill, C.A Y Holmes N Holt N Horne N Houston N Howard, E N Hudson Y Hugley N Jackson Y Jacobs N James N Jamieson Y Jenkins N Jennings Y Johnson Y Jones, J N Jones, S N Jordan Keen N Keown Y Kidd N Knight N Knox N Lakly N Lane, B E Lane, R N Lewis Y Lindsey Y Lord N Loudermilk N Lucas Lunsford N Maddox Y Mangham N Manning N Marin Y Martin N Maxwell N May N McCall E McClinton N Meadows E Millar N Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford N Murphy, J N Murphy, Q Y 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 N Rogers N Royal N Rynders N Sailor Y Scheid Y Scott, A N Scott, M Y Setzler N Shaw N Sheldon N Sims, C N Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R Y Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B N Tumlin N Walker E Warren Y Watson Y Wilkinson Y Willard N 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 69, nays 97. The Bill, having failed to receive the requisite constitutional majority, was lost. HB 1249. By Representatives Reece of the 27th, Stephens of the 164th, Channell of the 116th, Rogers of the 26th, Mills of the 25th 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 watercraft held in MONDAY, MARCH 13, 2006 3391 inventory for resale shall be exempt from taxation; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL 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 watercraft held in inventory for resale shall be exempt from taxation for a limited period of time; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 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, is amended by adding at the end thereof a new Part 7 to read as follows: "Part 7 48-5-504.40. (a) As used in this Code section, the term: (1) 'Dealer' means any person who is engaged in the business of selling watercraft at retail. (2) 'Watercraft' means any vehicle which is self-propelled or which is capable of selfpropelled water transportation, or both. (b) Watercraft which is owned by a dealer and held in inventory for sale or resale shall constitute a separate classification of tangible property for ad valorem taxation purposes. The procedures prescribed in this chapter for returning watercraft for ad valorem taxation, determining the application rates for taxation, and collecting the ad valorem taxes imposed on watercraft do not apply to watercraft which is owned by a dealer and held in inventory for sale or resale. For the period commencing January 1, 2007, and concluding December 31, 2008, such watercraft which is owned by a dealer and held in inventory for sale or resale shall not be returned for ad valorem taxation, shall not be taxed, and no taxes shall be collected on such watercraft until it is transferred and then otherwise, if at all, becomes subject to taxation as provided in this chapter." SECTION 2. This Act shall become effective on January 1, 2007. 3392 JOURNAL OF THE HOUSE SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant N Buckner, D Y Buckner, G Y Burkhalter Y Burmeister N Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H E Floyd, J N Fludd Y Forster Y Franklin Y Freeman 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 Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Keen Y Keown Y Kidd Y Knight Y Knox Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham N Manning Y Marin N Martin N Maxwell N May Y McCall E McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal 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 Royal N 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 Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 146, nays 13. The Bill, having received the requisite constitutional majority, was passed, by substitute. MONDAY, MARCH 13, 2006 3393 Representative May of the 111th inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 304. By Representatives Burmeister of the 119th, Yates of the 73rd, Shaw of the 176th, Cummings of the 16th and Rice of the 51st: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to change the provisions relating to the imposition and determination of the amount of certain regulatory fees by local governments; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to change the provisions relating to the imposition and determination of the amount of certain regulatory fees by local governments; to provide for the timing of payment of certain regulatory 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. Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, is amended by adding a new subsection (e) to Code Section 48-13-9, relating to limitation on authority of local government to impose regulatory fee, to read as follows: "(e) For each business, profession, or occupation, local governments are authorized to determine the amount of a regulatory fee imposed in accordance with this article only by one of the following methods: (1) A flat fee for each business or practitioner of a profession or occupation doing business in the jurisdiction as authorized by Code Section 48-13-8; (2) A flat fee for each type of permit or inspection requested; (3) An hourly rate determined by the hourly wage or salary, including employee benefits, of the person or persons assigned to investigate or inspect multiplied by the number of hours estimated for the investigation or inspection to be performed; (4) An hourly rate as determined by paragraph (3) of this subsection with the addition of other expenses reasonably related to such regulatory activity, such as 3394 JOURNAL OF THE HOUSE administrative and travel expenses, multiplied by the number of hours estimated for the investigation or inspection to be performed; (5) For construction projects that are classified as new construction, the number of square feet of construction or the number of square feet of construction to be served by the system to be installed, in conjunction with and limited by the building valuation data, as established from time to time by the International Code Council or by similar data, and in conjunction with and limited by the hourly rate described in paragraph (3) or (4) of this subsection; or (6) For construction projects that are classified as renovation and all other construction projects other than those classified as new construction, the cost of the project in conjunction with and limited by the building valuation data that conforms with the principles and methods established from time to time by the International Code Council or by similar data, and in conjunction with and limited by the hourly rate described in paragraph (3) or (4) of this subsection." SECTION 2. Said article is further amended by striking subsections (b) and (c) of Code Section 48-1320, relating to time for payment of fees and taxes, and inserting in lieu thereof new subsections (b) and (c) to read as follows: "(b) Regulatory fees authorized by this chapter shall be paid before commencing business or the practice of a profession or occupation as a condition precedent for transacting business, or practicing a profession or occupation. (c) Regulatory fees may be paid after commencing business or the practice of a profession or occupation when: (1) The work done or services provided are necessary for the health, comfort, or safety of one or more individuals or protection of property. This paragraph shall apply to, but not be limited to, the repair, service, or installation of heating, ventilation, and air conditioning equipment or systems; (2) The work done or services provided have no adverse effect on any other person; and (3) Regulatory fees are tendered to the local government within two business days after commencing business or the practice of a profession or occupation and any and all required inspections are made in order to ensure compliance with applicable codes; and (4) The request for repair, service, or installation is received by the practitioner of a profession or occupation outside of the regular office hours of the local government's permitting office." 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. MONDAY, MARCH 13, 2006 3395 On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E 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 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 Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 E 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 E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw 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 Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 161, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. Representative Reese of the 98th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. 3396 JOURNAL OF THE HOUSE The following Bill of the House, having previously been read, was again taken up for consideration: HB 1473. By Representatives Brown of the 69th, Channell of the 116th, Stephens of the 164th, Shaw of the 176th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require prior legislative approval for the submission of certain waivers pursuant to Section 1115 of the federal Social Security Act; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. The following amendment was read and adopted: Representative Stephenson of the 92nd et al. move to amend HB 1473 by inserting after "Act;" on line 3 of page 1 the following: to provide for substantial and unreasonable hardship waivers when the estate of the Medicaid recipient is valued at $100,000.00 or less; to provide for submission of an amendment to the state plan; By inserting between lines 19 and 20 of page 1 the following: SECTION 2. Said article is further amended by striking Code Section 49-4-147.1, relating to claims by the department against the estate of Medicaid recipients, and inserting in lieu thereof the following: 49-4-147.1. (a) In accordance with applicable federal law and regulations, including those under Title XIX of the federal Social Security Act, the department may make claim against the estate of a Medicaid recipient for the amount of any medical assistance payments made on such person's behalf by the department. The commissioner shall waive such claim if he or she determines enforcement of the claim would result in substantial and unreasonable hardship to dependents of the individual against whose estate the claim exists. (b) A substantial and unreasonable hardship shall include, but not be limited to, estates of Medicaid recipients that are valued at $100,000.00 or less. The value of the estate shall not include year's support, funeral expenses not to exceed $5,000.00, necessary expenses of administration, or reasonable expenses of the recipient's last illness. No later than July 1, 2006, the department shall submit an amendment to the state plan with the United States Department of Health and Human Services Centers for Medicare and MONDAY, MARCH 13, 2006 3397 Medicaid Services reflecting the provisions of this subsection. In the event that such amended state plan is not approved, this subsection shall stand repealed in its entirety. By redesignating Sections 2 and 3 as Sections 3 and 4, respectively. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: E 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 Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J 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, E 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 E 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 E Millar 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 Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, as amended, the ayes were 164, nays 1. 3398 JOURNAL OF THE HOUSE The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Stephenson of the 92nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1342. By Representatives Geisinger of the 48th, Oliver of the 83rd, Lindsey of the 54th, Barnard of the 166th and Epps of the 128th: 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 provide that certain nonprofit organizations may give away certain noncash prizes to advance the purposes of such nonprofit organization; to provide conditions for the giving of such prizes; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following amendment was read and adopted: Representatives Geisinger of the 48th and Fleming of the 117th move to amend HB 1342 by striking line 4 of page 2 and inserting in lieu thereof the following: (ii) No person to be eligible to receive such prize shall be required to: The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Amerson E Anderson Ashe N Barnard N Barnes N Bearden E Beasley-Teague Y Benfield Y Benton N Black Y Bordeaux N Borders Y Bridges N Brooks Y Brown N Crawford N Cummings N Davis N Day N Dean N Dickson Y Dodson Y Dollar N Drenner N Dukes Y Ehrhart N England Y Epps Y Everson Y Fleming N Floyd, H Y Hill, C.A N Holmes Y Holt N Horne N Houston N Howard, E N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson N Jenkins N Jennings N Johnson Y Jones, J N Martin Y Maxwell N May N McCall E McClinton Y Meadows E Millar Mills N Mitchell N Morgan Y Morris Mosby Y Mosley Y Mumford N Murphy, J N Murphy, Q N Sailor Y Scheid Y Scott, A Y Scott, M Setzler N Shaw Y Sheldon N Sims, C N Sims, F N Sinkfield Y Smith, B N Smith, L N Smith, P N Smith, R Y Smith, T N Smith, V MONDAY, MARCH 13, 2006 3399 N Bruce N Bryant N Buckner, D N Buckner, G Burkhalter Y Burmeister N Burns N Butler N Byrd N Carter Y Casas Y Chambers N Channell N Cheokas Y Coan N Cole N Coleman, B N Coleman, T Cooper Y Cox E Floyd, J N Fludd Forster Y Franklin N Freeman N Gardner Y Geisinger Golick Y Graves, D Y Graves, T N Greene N Hanner Harbin Y Hatfield N Heard, J N Heard, K N Heckstall N Hembree Y Henson N Hill, C N Jones, S N Jordan Y Keen N Keown N Kidd Y Knight Y Knox N Lakly N Lane, B E Lane, R N Lewis Y Lindsey N Lord N Loudermilk N Lucas Lunsford Y Maddox N Mangham N Manning N Marin N Neal Y Oliver N O'Neal N Orrock Y Parham N Parrish Y Parsons N Porter Y Powell Y Ralston N Randall N Ray N Reece, B Reece, S Y Reese N Rice N Roberts Y Rogers N Royal N Rynders N Smyre N Stanley-Turner Stephens Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B N Tumlin Walker E 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, as amended, the ayes were 54, nays 103. The Bill, having failed to receive the requisite constitutional majority, was lost. HB 1044. By Representatives Cheokas of the 134th, Barnard of the 166th, Lane of the 158th, Lunsford of the 110th, Forster of the 3rd and others: A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide that part-time municipal and city court judges shall be treated as full-time judges for purposes of being exempt from certain state weapons requirements so that part-time judges shall be exempt in the same manner as full-time judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following amendments were read and adopted: Representative Cole of the 125th et al. move to amend HB 1044 by inserting following "judges;" on line 5 of page 1 the following: to change certain provisions relating to carrying deadly weapons to or at public gatherings; to provide for constables to carry pistols in publicly owned or operated buildings; to exempt constables from the prohibition of carrying weapons within school safety zones, at school functions, or on school property while in the performance of their official duties; 3400 JOURNAL OF THE HOUSE By redesignating Sections 2 and 3 as Sections 3 and 4, respectively. By inserting between lines 16 and 17 of page 1 the following: SECTION 2. Said part is further amended by striking subsection (c) of Code Section 16-11-127, relating to carrying deadly weapons at public gatherings, and inserting in lieu thereof the following: (c)(1) This Code section shall not apply to competitors participating in organized sport shooting events. (2) Law enforcement officers, peace officers retired from state or federal law enforcement agencies, judges, magistrates, constables, solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings. SECTION 3. Said part is further amended in paragraph (5) of subsection (c) of Code Section 16-11- 127.1, relating to carrying weapons within school safety zones, at school functions, or on school property, by striking "and" at the end of subparagraph (E) and inserting "and" after the ";" in subparagraph (F) and adding a new subparagraph (G) to read as follows: (G) Constables of any county of this state. Representative Cheokas of the 134th moves to amend HB 1044 by striking line 14 of page 1 and inserting in lieu thereof the following: (12) State and federal trial and appellate judges, full-time and permanent part-time judges of municipal and city. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam Amerson E Anderson N Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague N Benfield Y Benton Y Black Y Bordeaux Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson Y Dodson Y Dollar N Drenner Y Dukes Y Ehrhart Y England Y Hill, C.A N Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell N Morgan Y Morris Y Mosby 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 MONDAY, MARCH 13, 2006 3401 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 Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman N 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 N Henson Y Hill, C Y Jenkins Y Jennings Y Johnson Y Jones, J N Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin 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 Y Reece, B Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, as amended, the ayes were 148, nays 15. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 338. By Representatives Warren of the 122nd, Jenkins of the 8th, Burns of the 157th, Williams of the 165th, Mosley of the 178th and others: A BILL to be entitled an Act to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to change certain provisions relating to primitive weapons; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to specify a date certain for rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to change certain provisions relating to legal weapons for hunting wildlife generally; to repeal conflicting laws; and for other purposes. 3402 JOURNAL OF THE HOUSE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking Code Section 27-1-39, relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations, and inserting in lieu thereof the following: "27-1-39. Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this title, the terms 'rules and regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on October 1, 2003 January 1, 2006." SECTION 2. Said title is further amended in Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, by striking paragraph (2) and inserting in lieu thereof the following: "(2) During primitive weapon hunts or primitive weapons seasons, longbows, recurve bows, crossbows, compound bows, muzzleloading firearms of .44 caliber or larger with iron sights only and without telescopic sights, and muzzleloading shotguns of 20 gauge or larger loaded with single shot may be used;" SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and ruled not germane: Representative Sims of the 169th moves to amend the Committee substitute to HB 338 as follows: On page 2 line 1 under Section 3: State on line 2 (1) The use of crossbows, longbows and recurve bows, and compound bows will be allowed within 35 yards of artificial feeders for the taking of white tail deer and feral hogs. This will allowed the entire season for whitetail deer and year round for feral hogs. Rename Section 3 to Section 4 add Section five This Act will become effective July 1, 2006 until June 30, 2008. The Committee substitute was adopted. MONDAY, MARCH 13, 2006 3403 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 E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield N 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 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson N Hill, C Y Hill, C.A Y Holmes N Holt Y Horne Y Houston Howard, E 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton N Meadows E Millar 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 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 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 N Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 154, nays 6. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1300. By Representatives Henson of the 87th, Watson of the 91st, Willard of the 49th, Wilkinson of the 52nd, Stephenson of the 92nd and others: 3404 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Code Section 36-75-7 of the Official Code of Georgia Annotated, relating to the power and authority of public safety and judicial facilities authorities, so as to raise the aggregate amount of bonds that may be issued; 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 Chapter 75 of Title 36 of the Official Code of Georgia Annotated, relating to the war on terrorism local assistance, so as to change certain provisions regarding the activation of public safety and judicial facilities authorities; to change certain provisions regarding the maximum aggregate amount of bonds that may be issued; 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 75 of Title 36 of the Official Code of Georgia Annotated, relating to the war on terrorism local assistance, is amended by striking subsection (a) of Code Section 36-75-4, relating to creation of public safety and judicial facility authorities, and inserting in its place a new subsection (a) to read as follows: "(a) There is created in and for each county and municipal corporation in this state a public body corporate and politic, to be known as the 'public safety and judicial facilities authority' of such county. No authority shall transact any business or exercise any powers under this chapter until the governing body of the county or municipal corporation, as the case may be, by proper ordinance or resolution, declares that there is a need for an authority to function in the county or municipal corporation and declares that such jurisdiction is at the time of such ordinance or resolution imposing a sales tax levied for the purposes of a metropolitan area system of public transportation and imposing a homestead option sales and use tax under Article 2A of Chapter 8 of Title 48." SECTION 2. Said chapter is further amended by striking paragraph (13) of Code Section 36-75-7, relating to the power and authority of public safety and judicial facilities authorities, and inserting in its place a new paragraph (13) to read as follows: "(13) To borrow money and issue its revenue bonds and bond anticipation notes from time to time and to use the proceeds thereof for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to, or improving such project, or for the purpose of refunding any such bonds of the authority theretofore issued; and to otherwise carry out the purposes of this chapter and to pay all other MONDAY, MARCH 13, 2006 3405 costs of the authority incident to, or necessary and appropriate to, such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes, provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in Code Section 36-63-9; provided, however, that the maximum aggregate amount of bonds issued shall be $50 $80 million; and" 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 Chapter 75 of Title 36 of the Official Code of Georgia Annotated, relating to war on terrorism local assistance, so as to change certain provisions regarding creation of public safety and judicial facilities authorities; to change certain provisions regarding the maximum aggregate amount of bonds that may be issued; 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 75 of Title 36 of the Official Code of Georgia Annotated, relating to war on terrorism local assistance, is amended by striking subsection (a) of Code Section 36-75-4, relating to creation of public safety and judicial facilities authorities, and inserting in its place a new subsection (a) to read as follows: "(a) There is created in and for each county and municipal corporation in this state a public body corporate and politic, to be known as the 'public safety and judicial facilities authority' of such county or municipality. No authority shall transact any business or exercise any powers under this chapter until the governing body of the county or municipal corporation, as the case may be, by proper ordinance or resolution, declares that there is a need for an authority to function in the county or municipal corporation and declares that such jurisdiction is at the time of such ordinance or resolution imposing a sales tax levied for the purposes of a metropolitan area system of public transportation." SECTION 2. Said chapter is further amended in Code Section 36-75-7, relating to the power and authority of public safety and judicial facilities authorities, by striking paragraph (13) and inserting in its place a new paragraph (13) to read as follows: "(13) To borrow money and issue its revenue bonds and bond anticipation notes from time to time and to use the proceeds thereof for the purpose of paying all or part of the 3406 JOURNAL OF THE HOUSE cost of any project, including the cost of extending, adding to, or improving such project, or for the purpose of refunding any such bonds of the authority theretofore issued; and to otherwise carry out the purposes of this chapter and to pay all other costs of the authority incident to, or necessary and appropriate to, such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes, provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in Code Section 36-63-9; provided, however, that with respect to any authority activated by a county pursuant to this chapter on or after January 1, 2006, the maximum aggregate amount of bonds issued shall be $50 million; with respect to any authority activated by a county pursuant to this chapter prior to January 1, 2006, the maximum aggregate amount of bonds issued shall be $80 million; with respect to any authority activated pursuant to this chapter by a municipality which levies a water and sewer projects and costs sales and use tax, the maximum aggregate amount of bonds shall be $80 million; and with respect to any authority activated by any other municipality pursuant to this chapter, the maximum aggregate amount of bonds shall be $50 million; and" 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: E Abdul-Salaam N Amerson E Anderson Y Ashe N Barnard Y Barnes N Bearden E Beasley-Teague Y Benfield N Benton N Black Bordeaux Borders N Bridges Y Brooks N Brown Y Bruce Y Bryant N Buckner, D Y Buckner, G Burkhalter N Burmeister N Crawford Y Cummings N Davis N Day Y Dean N Dickson Y Dodson N Dollar Y Drenner Y Dukes Y Ehrhart N England Y Epps N Everson N Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster N Franklin Freeman Y Gardner Y Hill, C.A Y Holmes N Holt N Horne N Houston Y Howard, E Y Hudson Y Hugley Y Jackson N Jacobs Y James Jamieson N Jenkins Y Jennings Johnson Jones, J Y Jones, S Y Jordan N Keen Keown Y Kidd Y Knight N Martin N Maxwell N May Y McCall E McClinton N Meadows E Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby N Mosley Mumford N Murphy, J Y Murphy, Q N Neal N Oliver Y O'Neal Y Orrock Parham Parrish Y Sailor Y Scheid N Scott, A N Scott, M N Setzler Y Shaw N Sheldon Y Sims, C Y Sims, F Y Sinkfield N Smith, B Smith, L N Smith, P N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet MONDAY, MARCH 13, 2006 3407 N Burns Butler N Byrd N Carter N Casas Chambers Channell N Cheokas Coan N Cole Coleman, B Y Coleman, T N Cooper Y Cox 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 Knox N Lakly N Lane, B E Lane, R N Lewis N Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford N Maddox Y Mangham Y Manning Y Marin Y Parsons N Porter Y Powell N Ralston Randall N Ray N Reece, B N Reece, S N Reese N Rice N Roberts Y Rogers Y Royal N Rynders Y Thomas, A.M Y Thomas, B N Tumlin N Walker E Warren Y Watson N Wilkinson Willard Y Williams, A Y Williams, E N Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 72, nays 77. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Henson of the 87th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 1300. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Amerson E Anderson Y Ashe N Barnard Y Barnes N Bearden E Beasley-Teague Y Benfield N Benton Y Black Bordeaux Borders N Bridges Y Brooks N Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter N Burmeister N Burns Butler N Byrd N Carter N Casas Chambers N Crawford Y Cummings N Davis N Day Y Dean N Dickson Y Dodson N Dollar Y Drenner Y Dukes Y Ehrhart N England Y Epps N Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster N Franklin Freeman Y Gardner Y Geisinger N Golick N Graves, D N Graves, T Greene Y Hanner Y Hill, C.A Y Holmes N Holt N Horne N Houston Y Howard, E Y Hudson Y Hugley Y Jackson N Jacobs Y James Jamieson N Jenkins N Jennings Y Johnson Jones, J Y Jones, S Y Jordan N Keen Keown Y Kidd Y Knight N Knox N Lakly N Lane, B E Lane, R N Lewis N Lindsey Y Martin N Maxwell N May N McCall E McClinton N Meadows E Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q N Neal N Oliver Y O'Neal Y Orrock Parham Parrish Y Parsons Y Porter N Powell N Ralston Randall N Ray Y Sailor N Scheid N Scott, A N Scott, M N Setzler Y Shaw N Sheldon Y Sims, C Y Sims, F Y Sinkfield N Smith, B Smith, L N Smith, P N Smith, R Y Smith, T N Smith, V Y Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker E Warren Y Watson 3408 JOURNAL OF THE HOUSE Channell N Cheokas N Coan N Cole Coleman, B Y Coleman, T N Cooper N Cox Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C Y Lord N Loudermilk Y Lucas Y Lunsford N Maddox Y Mangham Y Manning Y Marin N Reece, B Y Reece, S N Reese Y Rice N Roberts Y Rogers N Royal Y Rynders N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 74, nays 77. The motion was lost. HR 1299. By Representatives Stephens of the 164th, Burmeister of the 119th, Graves of the 137th, Channell of the 116th, Carter of the 159th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may by general law provide a trust fund for the purpose of paying hospitals for unreimbursed trauma care to victims of severe injury or trauma and make all provisions relating to such fund; to provide that the General Assembly may provide for a source of funding specifically designated for such fund, and that such fund shall not be subject to the lapsing provisions of the Constitution; to provide for the 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: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Y Martin Y Maxwell E May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Sailor Y Scheid Y Scott, A 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 MONDAY, MARCH 13, 2006 3409 Y Bryant Y 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 Y Coleman, T Y Cooper Y Cox Y Fludd Y Forster Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 30. By Representatives Brooks of the 63rd, Cummings of the 16th, Talton of the 145th, O`Neal of the 146th and Williams of the 89th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to enact legislation and appropriate funds necessary to provide for retirement credit for retired members of the Peace Officers Annuity and Benefit Fund for service rendered prior to January 1, 1976; to provide that such legislation may provide for membership in such fund for peace officers who rendered service as a peace officer prior to January 1, 1976, but who are not members of the fund on July 1, 2007; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Crawford Y Cummings Y Davis Y Day Y Dean Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Martin Y Maxwell E May Y McCall E McClinton Sailor Y Scheid Y Scott, A Scott, M Y Setzler 3410 JOURNAL OF THE HOUSE Y Barnes 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 Burns Y Butler Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D E Graves, T Y Greene Y Hanner Y Harbin Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Howard, E Y Hudson Y Hugley Y 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 E Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Meadows E Millar 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 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 Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson 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 155, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 1094. By Representatives Scheid of the 22nd, Smith of the 113th, Cummings of the 16th, Rogers of the 26th, Harbin of the 118th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that funds derived from sales and use and motor fuel taxes with respect to aviation fuel may be appropriated for and grant made for all activities incident to providing and maintaining an adequate system of public-use airports in this state; to authorize the General Assembly to allocate and specify and direct the use of such funds by general law; to provide for submission of this amendment for ratification or rejection; and for other purposes. The following amendment was read and adopted: MONDAY, MARCH 13, 2006 3411 Representative Graves of the 12th moves to amend HR 1094 by inserting on line 18 of page 1, between the word "grants" and the period, the following: ; provided, however, that after July 1, 2007, no such money shall be used for the payroll or administrative costs of any state agency By inserting on line 13 of page 2, between the word "state" and the period, the following: ; provided, however, that after July 1, 2007, no such money shall be used for the payroll or administrative costs of any state agency. 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: E Abdul-Salaam Y 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 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 Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger Y Golick Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson N 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 E 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 E Millar Y Mills Y Mitchell N Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock 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 Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker 3412 JOURNAL OF THE HOUSE On the adoption of the Resolution, as amended, the ayes were 155, nays 6. The Resolution, having received the requisite constitutional majority, was adopted, as amended. HB 1403. By Representative Martin of the 47th: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to change certain provisions regarding procedures for certifying additional qualified municipalities; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 48-8-89.1 of the Official Code of Georgia Annotated, relating to distribution of local option sales tax proceeds after certification of additional qualified municipalities, so as to change provisions relating to new qualified municipalities chartered by local Act; to make provisions for newly expanded qualified municipalities which have expanded through annexation under certain circumstances; to define terms; to provide for distribution certificates and distribution formulas; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-8-89.1 of the Official Code of Georgia Annotated, relating to distribution of local option sales tax proceeds after certification of additional qualified municipalities, is amended by striking subsection (f) and inserting in its place a new subsection to read as follows: "(f)(1) This As used in this subsection shall apply only when:, the term: (A) A 'New qualified municipality' means a municipal corporation is which has been chartered by local Act since the date of filing with the commissioner of the most recently filed certificate under Code Section 48-8-89 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 where the population of the unincorporated area of the county will, after removal of the population of the new municipality from the unincorporated area, constitute constitutes less than 20 percent of the population of the county according to the most recent decennial census. MONDAY, MARCH 13, 2006 3413 (B) 'Newly expanded qualified municipality' means a municipal corporation which since the date of filing with the commissioner of the most recently filed certificate under Code Section 48-8-89 has increased its population by more than 15 percent through one or more annexations and is located in the same county as a new qualified municipality. (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 new 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 or a newly expanded qualified municipality or both, such qualified municipality or municipalities may request the commissioner to give notice of the qualified municipality's or municipalities existence and status as a new qualified municipality or newly expanded 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 new qualified municipality or newly expanded qualified municipality, within 30 days give written notice of the qualified municipality's 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 or newly expanded 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 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 and newly expanded qualified municipality, if any. (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, and each newly expanded qualified municipality, if any. 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: (A) 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; and 3414 JOURNAL OF THE HOUSE (B) Any newly expanded qualified municipality receives a total allocation of tax proceeds (including any amount previously allocated) 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, including the census data from such census applicable to any annexed territory. (5) The commissioner shall begin to distribute the proceeds as specified in the newly filed 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 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: E 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw MONDAY, MARCH 13, 2006 3415 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 Y Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J N Fludd Y Forster Y Franklin Y Freeman Y Gardner N 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 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 Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin E Millar Y Mills Y Mitchell Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal N 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 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 E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 157, nays 5. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1323. By Representatives O`Neal of the 146th, Keen of the 179th, Royal of the 171st and Porter of the 143rd: A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local government, so as to provide for a comprehensive program for the creation of infrastructure development districts; to provide for a short title; to provide for definitions; to provide for the powers, duties, and authority of infrastructure development districts; to provide for a board to administer infrastructure development districts; to provide for appointment or election of members of an infrastructure development district board; to provide for levying taxes, fees, and assessments; to provide for the debt of infrastructure development districts; to provide for general obligation bonds, revenue bonds, notes, and other obligations of infrastructure development districts; to 3416 JOURNAL OF THE HOUSE provide for the form of bonds; to provide for consolidation, termination, or dissolution of infrastructure development districts; to provide for related matters; to provide a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for a comprehensive program for the creation of infrastructure development districts; to provide for a short title; to provide for definitions; to provide for the powers, duties, and authority of infrastructure development districts; to provide for a board to administer infrastructure development districts; to provide for appointment or election of members of an infrastructure development district board; to provide for levying taxes, fees, and assessments; to provide for the debt of infrastructure development districts; to provide for bonds, notes, and other obligations of infrastructure development districts; to provide for the form of bonds; to provide for consolidation, termination, or dissolution of infrastructure development districts; to provide for notice of the creation of the district; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to change certain provisions regarding permits for discharging pollutants into waters; to change certain provisions regarding permits for surface water withdrawal, diversion, or impoundment; to change certain provisions regarding permits for withdrawing, obtaining, or using ground water; to provide for related matters; to provide a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new chapter at the end thereof, to be designated as Chapter 93, to read as follows: "CHAPTER 93 36-93-1. This chapter shall be known and may be cited as the 'Georgia Smart Infrastructure Growth Act of 2006.' 36-93-2. MONDAY, MARCH 13, 2006 3417 As used in this chapter, the term: (1) 'Additional projects' means district projects beyond those generally identified in the petition for creation of the district. (2) 'Appropriate local government' means: (A) The county governing authority, if the district is located wholly in the unincorporated part of the county; (B) The municipal governing authority, if the district is located wholly within a municipality; or (C) The county governing authority and each municipal governing authority, if the district is located partially in the unincorporated area of a county and partially within one or more municipalities that created the district. For the purposes of this chapter, the term 'appropriate local government' may be read as the singular or plural. (3) 'Assessable improvements' means, without limitation, any and all public improvements, infrastructure, and community facilities that a district is empowered to provide in accordance with this chapter. (4) 'Board' means the governing board of a district or, if the board has been abolished, the board, body, or commission succeeding to the principal functions of the board. (5) 'Bond' means any bonds of a district which are authorized to be issued under the Constitution and laws of this state, but shall not include notes or other obligations of the district. (6) 'Cost,' when used with reference to any project, includes, but is not limited to: (A) The expense of determining the feasibility or practicability of acquisition, construction, or reconstruction; (B) The cost of surveys, estimates, plans, and specifications; (C) The cost of improvements and of insuring such improvements; (D) Engineering, fiscal assessment, and legal expenses and charges; (E) The cost of all labor, materials, machinery, and equipment; (F) The cost of all lands, properties, rights, easements, and franchises acquired; (G) Financing charges; (H) The creation of operation and maintenance reserve funds, debt service reserve funds, repair and replacement reserve funds, and debt service funds; (I) Working capital; (J) Interest charges incurred or estimated to be incurred on money borrowed prior to and during construction and acquisition and for such reasonable period of time after completion of construction or acquisition as the board may determine; (K) The cost of issuance of bonds pursuant to this chapter, including advertisements, printing, and credit enhancement and related interest rate swaps, hedges, or similar items, whether incurred in connection with the issuance of or after the issuance of bonds; (L) The cost of any election held pursuant to this chapter; (M) The discount, if any, on the sale or exchange of bonds; 3418 JOURNAL OF THE HOUSE (N) Administrative expenses; (O) Such other expenses as may be necessary or incidental to the acquisition, construction, or reconstruction of any project or to the financing of any project, or to the development of any lands within a district; and (P) Payments, contributions, and dedications required as a condition to receive any government approval or permit necessary to accomplish any district purpose or the exercise of any district power. (7) 'Deed restrictions' means those covenants, conditions, and restrictions contained in any applicable deeds, agreements, or declarations of covenants and restrictions that govern the use and operation of real property within the district and, for such covenants, conditions, and restrictions, there is no homeowners association or property owners association having respective enforcement powers. (8) 'District' means an infrastructure development district. (9) 'District roads' means highways, streets, roads, alleys, sidewalks, bridges, and thoroughfares of all kinds and descriptions within a district, including any landscaping and storm drains associated therewith. (10) 'Elector' means a landowner. (11) 'Government member' means a member of the board named by a local government. (12) 'Infrastructure development district' means a geographic area of development created pursuant to this chapter and limited to the performance of those specialized functions authorized by this chapter; the governing body of which is a board created and authorized to function specifically as prescribed in this chapter for the delivery of projects and the formation, powers, operation, duration, accountability, requirements for disclosure, and termination of which are as required by this chapter. (13) 'Initial costs' means costs related to district projects generally identified in the petition for creation of the district. (14) 'Landowner' means any entity or person shown as a taxpayer for one or more parcels of real estate in a district as reflected on the most recent ad valorem tax records in the county or counties that have jurisdiction over the property included in the district as certified by the tax commissioner of the county or counties. (15) 'Petitioner member' means a member of the board named by the petitioner. (16) 'Petitioner' means an entity, person, or group of persons who intends to create a district. (17) 'Project' means any development, improvement, property, utility, facility, works, enterprise, or service existing on January 1, 2007, or thereafter undertaken or established under this chapter. (18) 'Qualified electors for additional projects of the district,' as used in Code Section 36-93-13, means landowners within the district who, at the time the district was created, were not shown as a taxpayer for one or more parcels of real estate within the district on the ad valorem tax records of the county or counties that have jurisdiction over the property included in the district. MONDAY, MARCH 13, 2006 3419 (19) 'Revenues' means the proceeds of taxes, assessments, rates, fees, rentals, or other charges prescribed, fixed, established, and collected by the board for the projects furnished by the district. (20) 'Sewer system' means any plant, system, facility, or property serving a district, and any additions, extensions, and improvements constructed or acquired as part of the system, useful or necessary or having the present capacity for future use in connection with the collection, treatment, purification, or disposal of sewage, including, without limitation, industrial wastes resulting from any process of industry, manufacture, trade, or business or from the development of any natural resource. Without limiting the generality of the foregoing, the term 'sewer system' includes treatment plants, pumping stations, lift stations, valves, force mains, intercepting sewers, laterals, pressure lines, mains, and all necessary appurtenances and equipment; all sewer mains, laterals, and other devices for the reception and collection of sewage from premises connected to the devices; and all real and personal property and any interest in all real and personal property, rights, easements, and franchises of any nature relating to any such system and necessary or convenient for the operation of the system. (21) 'Short-term borrowing' means a debt obligation of the district in the form of loan, note, warrant, or other evidence with a maturity not to exceed five years. (22) 'Water management and control facilities' means any lakes, canals, ditches, reservoirs, dams, levees, sluiceways, floodways, pumping stations, or any other works, structures, or facilities for the conservation, control, development, utilization, and disposal of water, and any purposes appurtenant, necessary, or incidental to the facility serving a district. The term 'water management and control facilities' includes all real and personal property and any interest in the property, rights, easements, and franchises of any nature relating to any such water management and control facilities necessary or convenient for the acquisition, construction, reconstruction, operation, or maintenance of the water management and control facilities. (23) 'Water system' means a system for the provision of piped water for human consumption within a district. Such term includes but is not limited to any collection, treatment, storage, and distribution facilities under the control of the operator of a water system and used primarily in connection with a water system and any collection or pretreatment storage facilities not under such control which are used primarily in connection with a water system. The term 'water system' includes all real and personal property and any interest in the property, rights, easements, and franchises of any nature relating to any such water system necessary or convenient for the acquisition, construction, reconstruction, operation, or maintenance of the water system. 36-93-3. (a) An appropriate local government may exercise its authority under this chapter after holding a public hearing on this chapter and approving a resolution or ordinance that 3420 JOURNAL OF THE HOUSE authorizes the local government to create and regulate districts as provided under this chapter. (b) A petitioner who proposes to create a district within the jurisdiction of an appropriate local government that has authorized the creation and regulation of districts under this chapter shall file with the appropriate local government a petition requesting creation. The petition shall be signed by all holders of title of the taxable land within the proposed district, as determined by the most recent approved county ad valorem tax digest or documentation demonstrating that the petitioner has control, including but not limited to by deed, trust agreement, or contract, of the taxable land. (c) The petition shall: (1) Describe the boundaries of the proposed district by metes and bounds or by lot and block number if there is a recorded map or plat and survey of the area; (2) Generally identify the proposed projects to be undertaken according to the petitioner's master plan for the district, the necessity for the projects, and the cost of the projects as then estimated by the petitioner; (3) Include a name of the proposed district which shall be generally descriptive of the locale of the proposed district followed by the words 'Infrastructure Development District,' or if a district is located within one county, it may be designated '____ County Infrastructure Development District No. ______'; provided, however, that the proposed district shall not have the same name as any other district in the same county; (4) Include a designation of four persons to be the initial petitioner members of the board who shall serve in that office until replaced by elected members as provided in this chapter; (5) Include a map of the proposed district showing current major trunk water mains and sewer interceptors and outfalls, if any; (6) Based upon available data, include the proposed timetable for construction of the district services and the estimated cost of constructing the proposed services; these estimates shall be submitted in good faith but shall not be binding and may be subject to change; and (7) Include a designation of the future general distribution, location, and extent of public and private uses of land proposed for the area within the district as shown on the county land use plan, if one has been adopted. 36-93-4. (a) The petitioner shall submit a copy of the petition to the governing authority of the appropriate local government, the boundaries of which are contiguous with, or contain all or a portion of, the land within the external boundaries of the proposed district. (b) A public hearing on the petition shall be conducted by the governing authority of the appropriate local government which has jurisdiction over the land to be included in the proposed district. The hearing shall include oral and written comments on the petition pertinent to the proposed district, including the factors specified in subsection (c) of this Code section. The hearing shall be held at an accessible location in the MONDAY, MARCH 13, 2006 3421 county or counties in which the district is to be located. The petitioner shall cause a notice of the hearing to be published in the legal organ of the county or municipality wherein the district's land lies at least once a week for the four successive weeks immediately prior to the hearing. The notice shall give the time and place for the hearing, a description of the area to be included in the district, and any other relevant information which the governing authority of the appropriate local government may require. All affected local governments and the general public shall be given an opportunity to appear at the hearing and present oral or written comments on the petition. (c) The appropriate local government which has jurisdiction over the land to be included in the district shall consider the entire record of the applicable hearing, the transcript of the hearing, and applicable factors and shall make a determination to grant or deny the petition for the establishment of a district. Such applicable factors shall include but are not limited to: (1) Whether the statements contained within the petition have been found to be true and correct; (2) Whether the area of land within the proposed district is of sufficient size, sufficiently compact, and sufficiently contiguous to be developed as one functional interrelated community; (3) Whether creation of the district is a reasonable alternative for delivering community infrastructure and facilities to the area that will be served by the district; (4) Whether the community infrastructure and facilities of the district will be compatible with the capacity and uses of existing local and regional community services and facilities; (5) Whether the proposed district projects are consistent with any applicable element or portion of the county comprehensive plan; (6) Whether the district is compatible with the appropriate local government in general and will supplement rather than be a detriment to the general population; and (7) Whether the district will result in an increase in taxes paid by existing taxpayers in the county or municipality residing outside the district. (d) The governing authority of the appropriate local government which has jurisdiction over the land to be included in the district shall not adopt any resolution or ordinance which would expand, modify, or delete any provision of this chapter. A resolution or ordinance establishing a district shall: (1) Describe the external boundaries of the district and any real property within the boundaries of the district which is to be excluded; (2) Name the persons designated to be the initial members of the board as described in Code Section 36-93-5; (3) Name the district; and (4) Include other information required or authorized by this chapter. (e)(1) The creation of a district pursuant to this chapter and the exercise of powers by or through a district as authorized by this chapter shall not be subject to Article 2 of Chapter 70 of this title. 3422 JOURNAL OF THE HOUSE (2) A district created pursuant to this chapter is not a general purpose local government and specifically shall not be included in the term 'local government' as that term is defined in paragraph (5.2) of Code Section 36-70-2. (3) The powers granted to a district pursuant to this chapter may be exercised by the board upon execution of an agreement between the board and the appropriate local government. Such agreements shall describe the services and facilities to be provided within the district and the source of funding for such services and facilities and may be amended at any time by mutual consent of the parties to the agreement. 36-93-5. (a) The powers granted to a district pursuant to this chapter shall be exercised by the board. Except as provided in this Code section, the board shall consist of at least five members, and each member shall hold office for a term of four years and until a successor is appointed or elected and qualified. All members of the board must be at least 18 years old, a resident of this state, and a citizen of the United States. It shall not be a conflict of interest under the Constitution or any laws of this state or its political subdivisions for board members, employees, or officers of the district to be a landowner or a stockholder, officer, director, partner, member, or employee of a landowner in the district. As provided in this Code section, board members may also be required to be residents of the district. (b) Unless expanded pursuant to this Code section, the initial board named under the resolution or ordinance establishing the district pursuant to Code Section 36-93-4 shall be comprised of four members named by the petitioner and one member chosen by each appropriate local government that issues a resolution or ordinance creating the district. In the event a district is created by a resolution or ordinance by more than one local government, each appropriate local government may appoint one member to the board and the petitioner may appoint one additional petitioner member per additional government member. (c)(1) Members of the board shall stand for election by electors pursuant to the following schedule: (A) All government members shall stand for election within six months of the sale to the general public of land representing 20 percent of the geographic area within the boundaries of the district. If any residents reside within the district at the time of the election, only a resident of the district may qualify for election to this seat; (B) The first petitioner member shall stand for election within six months of the sale to the general public of land representing 50 percent of the geographic area within the boundaries of the district. If any residents reside within the district at the time of the election, only a resident of the district may qualify for election to this seat; (C) The second petitioner member shall stand for election within six months of the sale to the general public of land representing 80 percent of the geographic area within the boundaries of the district. If any residents reside within the district at the MONDAY, MARCH 13, 2006 3423 time of the election, only a resident of the district may qualify for election to this seat; (D) The third petitioner member shall stand for election within six months of the sale to the general public of land representing 90 percent of the geographic area within the boundaries of the district. If any residents reside within the district at the time of the election, only a resident of the district may qualify for election to this seat; and (E) All remaining petitioner members shall stand for election within six months of the sale to the general public of land representing 95 percent of the geographic area within the boundaries of the district or within ten years after the effective date of the resolution or ordinance establishing the district, whichever is sooner. If any residents reside within the district at the time of the election, only a resident of the district may qualify for election to this seat. (2) The board shall organize district elections which shall be held at a meeting of the electors of the district. Notice of the meeting and the election of board members shall be published once a week for two consecutive weeks in the legal organ of the county or municipality wherein the district's land lies, and the last day of such publication shall be not fewer than 14 days nor more than 28 days before the meeting. The chairperson of the board shall conduct the meeting. If the chairperson is an elector or proxy holder for an elector, he or she may nominate candidates and make and second motions. (3) At a district election, each elector shall be entitled to cast one vote per acre of land owned by him or her and located within the district for each member to be elected. An elector may vote in person or by a properly executed written proxy. Each proxy must be signed by one of the landowners of the property for which the vote is cast and must contain the typed or printed name of the individual who signed the proxy; the street address, legal description of the property, or tax parcel identification number; and the number of authorized votes. If the proxy authorizes more than one vote, each property must be listed and the number of acres of each property must be included. The signature on a proxy need not be notarized. A fraction of an acre shall be treated as one acre, entitling the elector to one vote with respect thereto. Nominees for the board are elected by a majority of votes cast in accordance with this paragraph. (4) On or before June 1 of each year, the board shall determine the amount of land sold within the district to the general public and the proportion of that land sold relative to the overall amount of land within the district boundary for purposes of determining whether any seats of the board shall be contested by election pursuant to this Code section. Such determination shall be made at a meeting of the board and shall become part of the official minutes of the district. Such calculation shall not consider land currently used or identified for future use of district facilities, infrastructure, or other district-specific purposes. (5) Elections of board members shall be nonpartisan. Board members shall assume their office immediately upon their election. 3424 JOURNAL OF THE HOUSE (d)(1) Members of the board shall hold office for the terms for which they were elected or appointed and until their successors are chosen and qualified. If, during the term of office, a vacancy occurs, the remaining members of the board shall fill the vacancy by an appointment for the remainder of the unexpired term. (2) Notwithstanding paragraph (1) of this subsection, a board may not appoint a person to fill a vacancy on the board if the person: (A) Resigned from the board: (i) In the two years preceding the vacancy date; or (ii) On or after the vacancy date but before the vacancy is filled; or (B) Was defeated in a board election held by the district in the two years preceding the vacancy date. (e) A majority of the members of the board constitutes a quorum for the purposes of conducting its business and exercising its powers and for all other purposes. Action taken by the district shall be upon a vote of a majority of the members present unless general law or a rule of the district requires a greater number. (f) As soon as practicable after each election or appointment, the board shall organize by electing one of its members as chairperson and by electing a secretary, who need not be a member of the board, and such other officers as the board may deem necessary. (g) The board shall keep a permanent record book entitled 'Record of Proceedings of (name of district) Infrastructure Development District,' in which shall be recorded minutes of all meetings, resolutions, proceedings, certificates, and any and all corporate acts. The record book shall be open to inspection at a reasonable time and place. The record book shall be kept at the district office. (h) All meetings of the board shall be open to the public and governed by the provisions of Code Section 50-14-1. The board shall hold at least one annual meeting on the same date every year, such date to be published as part of the resolution or ordinance creating the district. The meeting shall address issues related to the district, including but not limited to current projects, district finances, and potential future projects. In addition, the board shall also make available to any person on an annual basis upon request a report of the names and contact information of the board members, their employers, and their relationships to other members of the board and to any officer or employee of the developer. The requirements for such report shall terminate upon the election of the majority of the board by the qualified electors of the district. (i) The district and the board shall enjoy the same rights and responsibilities of sovereign immunity as the state and its departments and agencies. 36-93-6. (a) The board shall designate a resident of this state as treasurer of the district who shall have charge of the funds of the district. Such funds shall be disbursed only upon the order, or pursuant to the resolution, of the board. The board may give the treasurer additional powers and duties as the board may deem appropriate and may fix his or her compensation. The board may require the treasurer to give a bond in such amount, on such terms, and with such sureties as may be deemed satisfactory to the board to secure MONDAY, MARCH 13, 2006 3425 the performance by the treasurer of his or her powers and duties. The financial records of the board shall be audited by an independent certified public accountant at least once a year. The results of such audit shall be recorded in the district's record book and made available to the public pursuant to subsection (g) of Code Section 36-93-5. (b) The board is authorized to select as a depository for its funds any commercial bank or trust company, mutual savings bank, savings and loan association, or building and loan association existing under the laws of this state or of the United States upon such terms and conditions as to the payment of interest by such depository upon the funds so deposited as the board may deem just and reasonable. (c) The treasurer shall not be a current member of the board. 36-93-7. (a) A district board shall set its fiscal year. (b) At least 60 days prior to the adoption of the annual budget for the district, the treasurer shall prepare a proposed budget for the ensuing fiscal year to be submitted to the board for board approval. The proposed budget shall include at the direction of the board an estimate of all necessary expenditures of the district for the ensuing fiscal year and an estimate of income of the district from the taxes and assessments provided in this chapter. The board shall consider the proposed budget item by item and may either approve the budget as proposed by the treasurer or modify the same in part or in whole. The board shall indicate its approval of the budget by resolution that shall provide for a hearing on the budget as approved. Notice of the hearing on the budget shall be published in the legal organ of the county in which the district is located once a week for two consecutive weeks immediately preceding the date of the hearing. The notice shall further contain a designation of the date, time, and place of the public hearing. At the time and place designated in the notice, the board shall hear all objections to the budget as proposed and may make such changes as the board deems necessary. At the conclusion of the budget hearing, the board shall, by resolution, adopt the budget as finally approved by the board. The budget for the next fiscal year shall be adopted no less than three months before end of the district's fiscal year. (c) At least 60 days prior to adoption of the annual budget for the district, the board shall submit to the appropriate local government, for purposes of disclosure and information only, the proposed annual budget for the ensuing fiscal year and any proposed long-term financial plan or program of the district for future operations. The appropriate local government may review the proposed annual budget and any longterm financial plan or program and may submit written comments to the board for its assistance and information in adopting its annual budget and long-term financial plan or program. 36-93-8. The district shall have, and the board may exercise, the following general powers: (1) To sue and be sued in the name of the district; to adopt and use a seal and authorize the use of a facsimile thereof; and to acquire, by purchase, devise, or 3426 JOURNAL OF THE HOUSE otherwise, and to dispose of real and personal property or any estate therein; however, pursuant to the provisions of Code Section 36-93-9, the district shall not acquire property through eminent domain; (2) To make and execute contracts and other instruments necessary or convenient to the exercise of its powers. All public works contracts shall be made in accordance with the provisions of Chapter 91 of this title. All contracts let by the board for any goods, supplies, or materials to be purchased exceeding $100,000.00 shall require a notice of bids be advertised twice in the legal organ of the county allowing a reasonable amount of time for responsive bids to be submitted and shall be subject to this Code section. The bid of the lowest responsive and responsible bidder for contracts for purchase of any goods, supplies, or materials shall be accepted unless all bids are rejected because the bids are too high or the board determines it is in the best interests of the district to reject all bids. The board may require such bidders to furnish bond with a responsible surety to be approved by the board. Contracts for the operation, maintenance, and management of district projects shall contain the following provisions: (A) The contract shall terminate absolutely and without further obligation on the part of the district at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed as provided in this Code section; and (B) The contract may provide for automatic renewal unless positive action is taken by the district to terminate such contract, and the nature of such action shall be determined by the district and specified in the contract; (3) To borrow money and issue bonds, bond anticipation notes, certificates, warrants, notes, or other evidence of indebtedness to fund any project or portion thereof or cost incident thereto as provided in this chapter; to levy such tax and special assessments as may be authorized in conformity with the requirements of Code Sections 48-5-32 and 48-5-32.1; to charge, collect, and enforce fees and other user charges; to apply for and use grants or loans of money or other property from the United States, this state, a unit of local government, or any person for any district purposes and enter into agreements required in connection therewith; and to hold, use, and dispose of such moneys or property for any district purposes in accordance with the terms of the gift, grant, loan, or agreement relating thereto. The district may incur debt without regard to the requirements of Article IX, Section V of the Constitution or any other provision of law prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of this state, which debt may be backed by the full faith, credit, and taxing power of the district but shall not be an obligation of this state, the local government or governments that approved the district, or any other unit of government of this state; (4) To adopt resolutions and orders prescribing the powers, duties, and functions of the officers of the district; the conduct of the business of the district; and the maintenance of records of the district. The board may also adopt resolutions with respect to any of the projects of the district and define the area to be included therein. MONDAY, MARCH 13, 2006 3427 The board may also adopt resolutions which may be necessary for the conduct of district business; (5) To maintain an office at such place or places as it may designate within the district; (6) To hold, control, and acquire by donation or purchase, or dispose of, any public easements, dedications to public use, platted reservations for public purposes, or any other easements, dedications, or reservations for those purposes authorized by this chapter and to make use of such easements, dedications, or reservations for any of the purposes authorized by this chapter; (7) To lease as lessor or lessee to or from any person, firm, corporation, association, or body, public or private, any projects of the type that the district is authorized to undertake and facilities or property of any nature for the use of the district to carry out any of the purposes authorized by this chapter; (8) To raise, by user charges or fees authorized by resolution of the board, amounts of money which are necessary for the conduct of district activities and upkeep of district facilities and to enforce their receipt and collection in the manner prescribed by resolution not inconsistent with law. (A) The board is authorized to prescribe, fix, establish, and collect rates, fees, rentals, or other charges, and to revise the same from time to time, for the projects furnished by the district, including, but not limited to, recreational facilities, water management and control facilities, and water and sewer systems; to recover the costs of making connection with any district facility or system; and to provide for reasonable penalties against any user or property for any such rates, fees, rentals, or other charges that are delinquent. (B) A copy of the schedule or schedules of such rates, fees, rentals, or charges shall be kept on file in the district office. The rates, fees, rentals, or charges so fixed for any class of users or property served shall be extended to cover any additional users or properties thereafter served which shall fall in the same class, without the necessity of any notice or hearing. Such rates may only be raised by the board. (C) Rates, fees, rentals, and charges shall be just and equitable and uniform for users of the same class and when appropriate may be based or computed either upon the amount of service furnished, upon the number of average number of persons residing or working in or otherwise occupying the premises served, upon any other factor affecting the use of the facilities furnished, or upon any combination of the foregoing factors as may be determined by the board on an equitable basis. (D) The rates, fees, rentals, or other charges prescribed shall be such as will produce revenues, together with any other assessments, taxes, revenues, or funds available or pledged for such purpose, at least sufficient to provide for following: (i) All expenses of, including reserves for, the operation and maintenance of projects; (ii) Payment when due of all bonds and interest thereon and costs related thereto for the payment of which revenues are, or shall have been, pledged or encumbered, including reserves for such purpose; and 3428 JOURNAL OF THE HOUSE (iii) Any other funds which may be required under the resolution or resolutions authorizing the issuance of bonds pursuant to this chapter. (E) The board shall have the power to enter into contracts for the use of the projects of the district and with respect to the services and facilities furnished or to be furnished by the district; (9) To cooperate with, or contract with, governmental agencies as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this chapter; (10) To assess and impose upon lands in the district ad valorem taxes and assessments as provided by this chapter; (11) To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following: (A) Water management and control facilities for the lands within the district and to connect some or any of such facilities with roads and bridges; (B) Water supply, sewer, and waste-water management, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways; and to dispose of any effluent, residue, or other byproducts of such system or sewer system. Such sewer or sewer system shall have the same rights, duties, and obligations as publicly owned treatment works that discharge treated waste water; provided, however, that such water supply, sewer, and waste-water management, reclamation, and resuse systems shall be built to the specifications approved by this state for the local government in which such projects are located; (C) Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments; and to construct any and all of such works and improvements across, through, or over any public right of way, highway, grade, fill, or cut; (D)(i) District roads equal to or exceeding the specifications of the county in which such district roads are located; (ii) Street lights; and (iii) Buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and related signage; (E) Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the district under the supervision or direction of a competent governmental authority, unless the expenditure of investigation and remediation costs benefit any person who is a landowner within the district and who caused or contributed to the contamination; (F) Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property, including green spaces and common areas; MONDAY, MARCH 13, 2006 3429 (G) Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper governmental agencies, except that the district may not exercise any police power, but may contract with the appropriate local government agencies for an increased level of such services within the district boundaries; (H) Indoor and outdoor recreational, cultural, and educational uses; and (I) Any other project within or outside the boundaries of a district consistent with the local government comprehensive plan of the appropriate local government; (12) To finance, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, and maintain additional facilities for: (A) Fire prevention and control, including fire stations, water mains and plugs, fire trucks, and other vehicles and equipment when authorized by the appropriate local government; (B) School buildings and related structures, which may be leased, sold, or donated for use in the public educational system when authorized by the local school board; (C) Control and elimination of pests of public health importance; and (D) Waste collection and disposal; (13) To adopt and enforce appropriate resolutions in connection with the provision of one or more services through its projects; (14)(A) To impose and enforce certain deed restrictions pertaining to the use and operation of real property within the district. The district may impose all or certain portions of the deed restrictions that: (i) Relate to limitations or prohibitions that apply only to external structures and are deemed by the district to be generally beneficial for the district's landowners and for which enforcement by the district is appropriate, as determined by the district's board; or (ii) Are consistent with the requirements of a development order or regulatory agency permit. (B) The board may vote to adopt deed restrictions only when all of the following conditions exist: (i) The district's geographic area contains no homeowners associations; (ii) The majority of the board has been elected by electors pursuant to this chapter; and (iii) The declarant or other party establishing such deed restrictions has provided the board with a written agreement that such deed restrictions may be adopted by the district. A memorandum of the agreement shall be recorded in the public records. (C) Within 60 days after such deed restrictions take effect, the district shall cause to be recorded in the property records in the county in which the district is located the deed restrictions, stating generally what deed restrictions were adopted and where a copy of the deed restrictions may be obtained. Districts may impose fines for violations of such deed restrictions and enforce such deed restrictions and fines through injunctive relief; and 3430 JOURNAL OF THE HOUSE (15) To exercise all of the powers necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this chapter, including any power granted by the laws of this state to public or private corporations which is not in conflict with the purposes of the district. 36-93-9. A district formed under this chapter shall not have the power of eminent domain and nothing in this chapter shall be construed to give a district such power. 36-93-10. A district may adopt and enforce reasonable rules and regulations to: (1) Secure and maintain safe, sanitary, and adequate plumbing installations, connections, and appurtenances as subsidiary parts of its sanitary sewer system; (2) Preserve the sanitary condition of all water controlled by the district; (3) Prevent waste or the unauthorized use of water controlled by the district; (4) Provide and regulate a safe and adequate freshwater distribution system; and (5) Regulate activities on any land or any easement owned or controlled by the district; provided, however, the appropriate local government shall retain all zoning powers and land use control rights under this Code section. 36-93-11. (a) In addition to the other powers provided for in this chapter, and not in limitation thereof, the district shall have the power to issue from time to time notes in anticipation of bonds and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The district may issue such bond anticipation notes only to provide funds which otherwise would be provided by the issuance of the bonds. Bond anticipation notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the district may sell notes at public or private sale. Any resolution or resolutions authorizing notes of the district or any issue thereof may contain any provisions which the district is authorized to include in any resolution or resolutions authorizing bonds of the district or any issue thereof and which the district is authorized to include in any bonds. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued. (b) The district may, at any time, obtain loans for other short-term borrowing, in such amounts and on such terms and conditions as the board may approve for the purpose of paying any of the expenses of the district or any cost incurred or that may be incurred in connection with any of the projects of the district and related operation and maintenance costs of the projects of the district. Such loans shall bear interest as the board may determine and may be payable from and secured by a pledge of such funds, revenues, taxes, and assessments as the board may determine. 36-93-12. MONDAY, MARCH 13, 2006 3431 (a) Bonds, notes, or other obligations issued by the district shall be paid from revenues and other property pledged to pay such bonds, notes, or other obligations. In the event the district defaults on its obligations, landowners within the district shall only be responsible for such obligations that are associated with their property and not the obligations of the district as a whole or the obligations of any other landowner. Landowners of the district shall have the right to satisfy or make arrangements to satisfy the proportionate share of obligations related to the district and any related reasonable interest as determined by the calculation provided in subsection (i) of Code Section 36-93-15 on their property. (b) All bonds, notes, and other obligations of the district shall be authorized by resolution of its board. The board may incur debt for initial costs upon creation of the district by the appropriate local government and adoption of a resolution by the board. Debt for additional projects may be incurred after the board has complied with the requirements of Code Section 36-93-13. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, may be subject to interest rate hedge arrangements, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The resolution authorizing the issuance of the bonds may delegate to such officers charged with the responsibility of issuing such bonds the authority to set the final terms, conditions, and details thereof, including the interest rate or rates and maturity, within reasonable parameters established and set forth in such resolution. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured. The board may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this chapter. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates of any maximum interest rate or rates on any bonds, notes, or other obligations of the district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of the district. (f) Bonds issued by the district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) Bonds shall bear a certificate of validation. In the case where property within the district is within multiple jurisdictions, validation shall occur in the jurisdiction within which the majority of the property lies. The signature of the clerk of the superior court may be made on the certificate of validation of such bonds by facsimile or by manual 3432 JOURNAL OF THE HOUSE execution, stating the date on which such bonds were validated; and such entry shall be original evidence in any court of this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear and the principal amount and maturities of such bonds, the notice to the district attorney, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest which may be fixed or may fluctuate or otherwise change from time to time, and that the principal amount will not exceed an amount specified in and the final maturity date will not be later than a date specified in such notices, petition, and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate so specified which may be fixed or may fluctuate or otherwise change from time to time; provided, however, that nothing in this section shall be construed as prohibiting or restricting the right of the board to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms 'cost' and 'project,' when used in the phrases 'cost of the project' and 'cost of any project' in bond resolutions of the board, in bonds, notes, or other obligations of the district, or in notices of proceedings to validate such bonds, notes, or other obligations of the district, shall have the same meanings as provided in paragraphs (6) and (17) of Code Section 36-93-2. (j) Pursuant to this chapter, all bonds, notes, and other obligations issued under this chapter and interest paid and all fees, charges, and other revenues derived by the district from the projects provided by this chapter are exempt from all taxes of the state or of any political subdivision, agency, or instrumentality thereof. (k) All bonds issued under this chapter shall be validated pursuant to the procedures set forth in this title. 36-93-13. (a)(1) When any district desires to undertake any additional project, an election shall be called and held in accordance with this Code section to approve such project and any debt to be incurred. (2) Notwithstanding paragraph (1) of this subsection, the district shall be authorized to make reasonable expenditures related to studying the feasibility, costs, and maintenance of such additional projects and the hearing and election required by this Code section. (b) A public hearing on the proposed additional project shall be conducted by the board. The board shall present information related to the proposed additional project, including but not limited to the estimated costs to construct, operate, and maintain the additional project; planned financing mechanisms to be used by the district to pay for the additional project; and the estimated cost per parcel for the additional project. The hearing shall be open to the public and provide opportunity for oral and written MONDAY, MARCH 13, 2006 3433 comments on the additional project by the landowners of the district and the appropriate local government. The hearing shall be held at an accessible location in the county in which the district is located. The board shall cause a notice of the hearing to be published in the legal organ of each county or municipality having jurisdiction over the district at least once a week for the four successive weeks immediately prior to the hearing. The notice shall give the time and place for the hearing and a description of the additional project, including but not limited to the estimated costs to construct, operate, and maintain the additional project; planned financing mechanisms to be used by the district to pay for the additional project; and the maximum cost per parcel for the additional project. (c) During the public hearing required in subsection (b) of this Code section, the board shall establish a date to hold an election on the issue of the additional project by the qualified electors of the district, such date to be no more than six weeks following the public hearing. The board shall give notice for not less than 21 days immediately preceding the day of the election in the legal organ of each county or municipality having jurisdiction over the district, notifying the qualified electors of the district that on the day named an election will be held to determine the question of whether to undertake the additional project. The notice shall describe the additional project, including but not limited to the estimated costs to construct, operate, and maintain the additional project; the planned financing mechanisms to be used by the district to pay for the additional project; and the maximum cost per parcel for the additional project. (d) The election provided for in this Code section shall be conducted by the board. Qualified electors of the district may vote in the same manner as elections for board members pursuant to Code Section 36-93-5. If a majority of those qualified electors of the district voting at the election approve the additional project, then the board shall be authorized to construct the additional project and to incur debt to finance the additional project. If the additional project has been approved, the board shall amend the public disclosures required in Code Sections 36-93-25 and 36-93-26 to reflect the new maximum amount of fees and assessments related to initial costs and additional projects using the same calculation for determining initial costs per parcel. (e) No violation of this Code section shall affect the validity of any bonds issued under this Code section. 36-93-14. Any issue of bonds may be secured by a trust agreement by and between the district and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or outside the state. The resolution authorizing the issuance of the bonds or trust agreement may provide for the pledge of the revenues to be received from any projects of the district and may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as the board may approve, including, without limitation, covenants setting forth the duties of the district in relation to: the acquisition, construction, reconstruction, improvement, maintenance, repair, operation, and insurance of any projects; the fixing and revising of the rates, 3434 JOURNAL OF THE HOUSE fees, and charges; and the custody, safeguarding, and application of all moneys and for the employment of consulting engineers in connection with such acquisition, construction, reconstruction, improvement, maintenance, repair, or operation. It shall be lawful for any bank or trust company within or outside the state which may act as a depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the district. The resolution authorizing the issuance of the bonds or trust agreement may set forth the rights and remedies of the bondholders and of the trustee, if any, and may restrict the individual right of action by bondholders. The board may provide for the payment of proceeds of the sale of the bonds and the revenues of any project to such officer, board, or depository as it may designate for the custody thereof and may provide for the method of disbursement thereof with such safeguards and restrictions as it may determine. All expenses incurred in carrying out the provisions of such resolution or trust agreement may be treated as part of the cost of the project to which such trust agreement pertains. 36-93-15. (a) The board shall have the power to levy and assess an ad valorem tax on all the taxable property in the district to construct and maintain projects; to pay the principal of, and interest on, any bonds of the district; and to provide for any sinking or other funds established in connection with any such bonds. The ad valorem tax provided for by this chapter shall be in addition to all other ad valorem taxes provided for by law. (b) The board may levy a maintenance special assessment to construct, reconstruct, acquire, maintain, operate, or preserve the facilities and projects of the district; to pay the principal of, and interest on, any bonds of the district; and to provide for any sinking or other funds established in connection with any such bonds. Maintenance special assessments shall not include costs associated with fee-for-services arrangements, such as payments for utility or water service. This assessment may be evidenced to and certified to the appropriate tax authority of the local government by the board not later than June 15 of each year and shall be entered by the appropriate tax authority of the local government on the county tax rolls and shall be collected and enforced, and the proceeds therefrom shall be paid to the district, as provided for in this Code section. Maintenance special assessments shall be a lien on the property against which assessed until paid and shall be enforceable in like manner as county taxes. The amount of the maintenance special assessment for the exercise of the district's powers under this chapter shall be determined and assessed by the board upon such lands, which may be all of the lands within the district benefited by the maintenance thereof, apportioned between the benefited lands in proportion to the benefits received by each tract of land. (c) Any tax, fee, or assessment levied pursuant to this Code section for maintenance special assessments shall not exceed five mills on each dollar of the assessed value of all such real property. Except for specially designated property as provided for in Code Section 36-93-26, the taxes, fees, and assessments levied by the board upon the properties shall be equitably apportioned among the properties according to the need for infrastructure created by the degree of density of development within the district and MONDAY, MARCH 13, 2006 3435 not for the purpose of providing infrastructure that would primarily benefit the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by the county in which the property is located using the methods and procedures as designated by the county commission. Delinquent taxes, fees, and assessments shall bear the same interest and penalties as ad valorem taxes of the county in which the property is located and may be enforced and collected in the same manner. The county in which the property is located may retain a fee to reimburse the actual increased costs, if any, of preparing and mailing notices to collect such taxes, fees, and assessments for the board. The remaining proceeds shall be transmitted by the county to the board and shall be expended by the board only for the purposes authorized in this chapter. (d) The board shall levy the taxes and assessments provided for in this Code section between January 1 and June 1 of each calendar year and shall notify in writing the appropriate tax authority of the county in which the property is located by June 15 each year so the county may include the levy on the county's regular ad valorem tax bills. The board shall base the taxes and assessments on the tax digest approved by the appropriate local government. (e) If a parcel of real property is removed from the district or otherwise becomes nontaxable, it shall continue to bear its tax millage then extant upon such event for bonded indebtedness of the district then outstanding until any bonded indebtedness then outstanding is paid or refunded. (f) Each property for which there is paid taxes, fees, or assessments levied by the board for any project shall receive a credit equal to the present value of all such taxes, fees, and assessments toward any impact fee as may be levied by the county against said property for system improvements which are in the same category as said public facility in accordance with Chapter 71 of this title, the 'Georgia Development Impact Fee Act.' (g) All bonds, notes, and other obligations issued according to this chapter and interest paid and all fees, charges, and other revenues derived by the district from the projects provided by this chapter are exempt from all taxes of the state or of any political subdivision, agency, or instrumentality thereof. (h) With the exception of maintenance special assessments, district assessments may be made payable in no more than 40 yearly installments. (i) Before selling any property to the general public, the board shall determine the projected initial costs to be repaid by landowners through taxes and assessments. These initial costs shall be apportioned among the parcels to be sold to the general public, and the amount of such apportionment shall be disclosed as required by this chapter. 36-93-16. All taxes and assessments of the district provided for in this chapter, together with all penalties for default in the payment of the same and all costs in collecting the same, including a reasonable attorney's fee fixed by the court and taxed as a cost in the action brought to enforce payment, shall, from January 1 for each year the property is liable to assessment and until paid, constitute a lien of equal dignity, notwithstanding the provisions of Code Section 48-2-56, with the liens for municipal taxes and other taxes 3436 JOURNAL OF THE HOUSE of equal dignity with municipal taxes upon all the lands against which such taxes shall be levied. A sale of any of the real property within the district for state, county, or other taxes shall not operate to relieve or release the property so sold from the lien for subsequent district taxes or installments of district taxes, which lien may be enforced against such property as though no such sale thereof had been made. Nothing in this Code section shall affect the rights of lien holders for municipal taxes. 36-93-17. (a) The district has the right to: (1) Pay any delinquent state, county, district, municipal, or other tax or assessment upon lands located wholly or partially within the boundaries of the district; and (2) Redeem or purchase any tax sales certificates issued or sold on account of any state, county, district, municipal, or other taxes or assessments upon lands located wholly or partially within the boundaries of the district. (b) Delinquent taxes paid, or tax sales certificates redeemed or purchased, by the district, together with all penalties for the default in payment of the same and all costs in collecting the same and a reasonable attorney's fee, shall constitute a lien in favor of the district of equal dignity, notwithstanding the provisions of Code Section 48-2-56, with the liens of municipal taxes and other taxes of equal dignity with municipal taxes upon all the real property against which the taxes were levied. (c) In any sale of land, the district may certify to the clerk of the superior court of the county holding such sale the amount of taxes due to the district upon the lands sought to be sold; and the district shall share in the disbursement of the sales proceeds in accordance with the provisions of this chapter and other laws of the state. 36-93-18. To the full extent permitted by law, the district may require all lands, buildings, premises, persons, firms, and corporations within the district to use the water management and control facilities and water and sewer facilities of the district or any other facility or service of the district when the district relies on the collection of any rates, fees, or charges to provide said facility or service or to pay principal and interest on debt obligations secured by a pledge of revenues generated by the collection of such rates, fees, and charges. 36-93-19. In the event that any rates, fees, rentals, charges, or delinquent penalties are not paid when due and are in default for 60 days or more, the unpaid balance thereof and all interest accrued thereon, together with reasonable attorney's fees and costs, may be recovered by the district in a civil action. 36-93-20. In the event the fees, rentals, or other charges for water and sewer services, or either of them, are not paid when due, the board shall have the power, under such reasonable MONDAY, MARCH 13, 2006 3437 rules and regulations as the board may adopt, to discontinue and shut off both water and sewer services until such fees, rentals, or other charges, including interest, penalties, and charges for the shutting off and discontinuance and the restoration of such water and sewer services or both, are fully paid; and, for such purposes, the board may enter on any lands, waters, or premises of any person, firm, corporation, or body, public or private, within the district limits. Delinquent fees, rentals, or other charges, together with interest, penalties, and charges for the shutting off and discontinuance and the restoration of services and facilities and reasonable attorney's fees and other expenses, may be recovered by the district, which may also enforce payment of delinquent fees, rentals, or other charges by any other lawful method of enforcement. 36-93-21. The board or any aggrieved person may have recourse to such remedies in law and at equity as may be necessary to ensure compliance with the provisions of this chapter, including injunctive relief to enjoin or restrain any person from violating the provisions of this chapter or any bylaws, resolutions, regulations, rules, codes, or orders adopted under this chapter. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, land, or water is used, in violation of this chapter or of any code, order, resolution, or other regulation made by the board under authority conferred by this chapter or under law, the board, any landowner, or any citizen residing in the district may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; to restrain, correct, or prevent such violation; to prevent the occupancy of such building, structure, land, or water; and to prevent any illegal act, conduct, business, or use in or about such premises, land, or water. 36-93-22. Any suit or action brought or maintained against the district for damages arising out of tort, including, without limitation, any claim arising from an act causing an injury or loss of property, personal injury, or death, shall be subject to the limitations provided in Code Section 50-21-29. 36-93-23. Property, real or personal, that belongs to or is owned by the district, or in which the district has an interest, shall be exempt from levy and sale by virtue of an execution; and no execution or other judicial process shall issue against such property, nor shall any judgment against the district be a charge or lien on its property or revenues; however, nothing contained herein shall apply to or limit the rights of bondholders to pursue any remedy for the enforcement of any lien or pledge given by the district in connection with any of the bonds or obligations of the district. 36-93-24. 3438 JOURNAL OF THE HOUSE (a) The board may petition to contract or expand the boundaries of a district in the following manner: (1) The petition to contract or expand the boundaries of a district shall contain the same information required for a petition for creation pursuant to Code Section 36-933. In addition, if the petitioner seeks to expand the district, the petition shall describe the proposed timetable for construction of any district projects in the area, the estimated cost of constructing the proposed projects, and the designation of the future general distribution, location, and extent of public and private uses of land proposed for the area by the future land use plan element of the local government comprehensive plan currently in force. If the petitioner seeks to contract the district, the petition shall describe what projects are currently provided by the district to the area being removed, and the designation of the future general distribution, location, and extent of public and private uses of land proposed for the area by the future land element of the adopted local government comprehensive plan; and (2) A public hearing shall be held in the same manner and with the same public notice as required for creation of a new district pursuant to this chapter. The appropriate local government shall consider the record of the public hearing and the factors set forth in Code Section 36-93-3 in making its determination to grant or deny the petition. (b) The district shall remain in existence unless: (1) The district is merged with another district as provided by subsection (c) of this Code section; (2) All of the specific community development systems, facilities, and services that it is authorized to perform have been transferred to the appropriate local government; or (3) The district is dissolved as provided by subsection (e) of this Code section. (c) The district may merge with other districts upon filing a petition, which shall contain the same information required for a petition for creation pursuant to Code Section 36-93-3. The new district formed by a merger involving existing districts shall assume all indebtedness of, and receive title to, all property owned by the preexisting districts. Prior to filing a petition for merger, the districts desiring to merge shall enter into a merger agreement and shall provide for the proper allocation of the indebtedness so assumed and the manner in which the assumed debt shall be retired. The approval of the merger agreement by the board of each district shall constitute consent of the landowners within the district. (d) Upon the request of the board of the district, the appropriate local government within which the district lies may adopt a resolution or ordinance providing for a plan for the transfer of a specific district service or infrastructure from a district to the appropriate local government. The plan must provide for the assumption and guarantee of the district debt that is related to the service or infrastructure by the appropriate local government. (e)(1) Dissolution of the district may be allowed under the following circumstances: (A) Upon the transfer of all of the community development services of the district to the appropriate local government, the district shall be dissolved in accordance MONDAY, MARCH 13, 2006 3439 with a plan of dissolution adopted by the board and filed with the clerk of the superior court; (B) If, within five years after the effective date of the resolution or ordinance establishing the district, a landowner has not received a building permit authorizing construction of a building or structure within the district, then the district shall be automatically dissolved; or (C) If a district has no outstanding financial obligations and no operating or maintenance responsibilities, upon the petition of the district, the district may be dissolved by a resolution or ordinance of the appropriate local government. (2) Prior to any dissolution, debts and other obligations of the district must be fully paid or payment otherwise provided for. 36-93-25. (a) The district shall take affirmative steps to provide for the full disclosure of information relating to the public financing and maintenance of improvements to real property undertaken by the district. The required information shall be made available to all existing residents, and to all prospective residents, of the district. The district shall furnish each developer of a development within the district with sufficient copies of that information to provide a copy to each prospective initial purchaser of property in that development; and any developer of a development within the district, when required by law to provide a public offering statement, shall include a copy of information relating to the public financing and maintenance of improvements in the public offering statement. (b) Subsequent to the establishment of a district under this chapter, each contract for the initial sale of a parcel of real property, each contract for the initial sale of a residential unit, and each lease agreement for the rental of a residential unit within the district shall include, immediately prior to the space reserved in the contract for the signature of the purchaser, the following disclosure statement in boldface and conspicuous type which is larger than the type in the remaining text of the contract: 'THE PROPERTY YOU ARE ABOUT TO PURCHASE OR LEASE IS WITHIN THE (Name of District) INFRASTRUCTURE DEVELOPMENT DISTRICT. THE (Name of District) INFRASTRUCTURE DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. CERTAIN OF THESE TAXES AND ASSESSMENTS PAY THE INITIAL COSTS OF THE DISTRICT AND THE COSTS OF ADDITIONAL PROJECTS. ALTHOUGH SUBJECT TO SOME FLUCTUATION, THESE TAXES AND ASSESSMENTS FOR INITIAL COSTS AND ADDITIONAL PROJECTS SHALL NOT EXCEED $________ PER YEAR. ADDITIONAL TAXES AND ASSESSMENTS MAY PAY THE OPERATION AND MAINTENANCE OF DISTRICT PROJECTS, AND SUCH COSTS ARE CAPPED BY LAW. DISTRICT TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW.' 3440 JOURNAL OF THE HOUSE (c) The limit on taxes and assessments for initial costs and additional projects costs shall be determined as provided for in subsection (i) of Code Section 36-93-15. (d) Within 30 days after the effective date of a resolution or ordinance establishing a district under this chapter, the district shall cause to be recorded in the property records in the county in which it is located a 'Notice of Establishment of the ______ Infrastructure Development District.' The notice shall, at a minimum, include the legal description of the district and a copy of the disclosure statement specified in subsection (b) of this Code section. 36-93-26. (a) A district that is composed of at least 1,500 acres may define areas or designate certain property of the district to pay for improvements, facilities, or services that primarily benefit that designated area or property and do not generally and directly benefit the district as a whole. (b) The board shall state in its designation the physical and economic reasons, the particular diverse local needs, or the comparative potential benefits of the defined areas or designated property in the district that make it necessary or equitable to levy all or part of the tax on a defined area or designated property of the district. (c)(1) The board shall adopt a proposed plan that defines the particular area to be taxed by metes and bounds or designates the property to be served, affected, and taxed. (2) The board shall adopt a proposed plan for improvements in the defined area or to serve the designated property. (3) The board shall adopt a proposed plan of taxation to apply to the defined area or designated property that may or may not be in addition to other taxes imposed by the district on the same area or property. (d) After adoption of the plans as provided for in this Code section, the district, under the limitations of this Code section, may apply separately, differently, equitably, and specifically its taxing and assessment powers and lien authority to the defined area or designated property to provide funds to construct, administer, maintain, and operate improvements and facilities that primarily benefit the defined area or designated property. (e) After adoption of the plans as provided for in this Code section, the district may issue its bonds to provide the specific projects included in the plans adopted for the defined area or to serve the designated property, and shall provide the improvements and facilities. (f) The district may issue bonds that pledge only the faith and credit based on the property values in the defined area and may not pledge the full faith and credit of the district. (g) In lieu of the general notice required under Code Section 36-93-25, a person who sells or conveys real property located within the defined area or designated property of the district shall provide the following prescribed notice, which shall be disclosed in the same manner as notice required under Code Section 36-93-25: 'THE PROPERTY MONDAY, MARCH 13, 2006 3441 YOU ARE ABOUT TO PURCHASE OR LEASE IS WITHIN THE (Name of District) INFRASTRUCTURE DEVELOPMENT DISTRICT. THE (Name of District) INFRASTRUCTURE DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. CERTAIN OF THESE TAXES AND ASSESSMENTS PAY THE INITIAL COSTS OF THE DISTRICT AND THE COSTS OF ADDITIONAL PROJECTS. ALTHOUGH SUBJECT TO SOME FLUCTUATION, THESE TAXES AND ASSESSMENTS FOR INITIAL COSTS AND ADDITIONAL PROJECTS SHALL NOT EXCEED $________ PER YEAR. ADDITIONAL TAXES AND ASSESSMENTS PAY THE OPERATION AND MAINTENANCE COSTS OF DISTRICT PROJECTS, AND SUCH COSTS ARE CAPPED BY LAW. DISTRICT TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW. 'FURTHERMORE, THE PROPERTY YOU ARE ABOUT TO PURCHASE OR LEASE IS WITHIN A DESIGNATED AREA OF THE (Name of District) INFRASTRUCTURE DEVELOPMENT DISTRICT AND YOUR LAND WILL BE SUBJECT TO HIGHER TAXES THAN OTHER LAND WITHIN THE DISTRICT. YOUR RATE OF TAXES WILL BE HIGHER BY $_____ ON EACH $1,000.00 OF ASSESSED VALUATION THAN LAND NOT WITHIN THE DESIGNATED AREA.' (h) The limit on taxes and assessments for initial costs and costs for additional projects shall be determined as provided for in subsection (i) of Code Section 36-93-15. 36-93-27. (a) Article 2 of Chapter 70 of this title shall not apply to districts established under this chapter; provided, however, that a local government or local government authority that is the designated provider of a service for the area in which a district is to be located pursuant to an agreement governed by Article 2 of Chapter 70 of this title or Article IX, Section III, Paragraph I of the Constitution shall receive a copy of the petition filed with the appropriate local government within five days of submission by the petitioner to the appropriate local government and shall have the right of first refusal to provide the service to the district. Such right of first refusal shall be exercised within 30 days of receipt of the petition and such decision shall be communicated to the appropriate local government no fewer than ten days before its public hearing on the petition. If the local government or local government authority exercises its right to serve the district, it shall enter a contract with the district, such contract to include the requirement that the local government or local government authority provide its service within the district in conformity with the timetable of construction that the petitioner provided to the appropriate local government under Code Section 36-93-3. A local government's or local government authority's requirement that the district pay the costs of infrastructure necessary to connect the local government's or local government authority's existing 3442 JOURNAL OF THE HOUSE infrastructure to district infrastructure as well as any requirements that the infrastructure meet the existing standards of the service provider used within the jurisdiction shall not constitute refusal by the local government or local government authority to provide the service. (b) Water or sewer fees charged to customers located outside the geographic boundaries of a service provider and within the boundaries of a district shall not be higher than the fees charged to similarly situated customers receiving such service which are located within the geographic boundaries of the service provider. (c) If a district board disputes the reasonableness of water and sewer rate differentials imposed within the district by the designated service provider, the district board may hold a public hearing for the purpose of reviewing the rate differential. Following the preparation of a rate study by a qualified engineer, the district board may challenge the arbitrary rate differentials on behalf of its residents in a court of competent jurisdiction. Prior to such challenge, the dispute shall be submitted to some form of alternative dispute resolution. 36-93-28. (a) The Department of Community Affairs shall have the authority to study and review all districts created pursuant to this chapter and shall report its findings to the General Assembly, the Senate Committee on Economic Development, and the House Committee on Economic Development and Tourism by January 31 of each year. (b) This Code section shall stand repealed on January 31, 2011." SECTION 2. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by striking subsection (a) of Code Section 12-5-30, relating to permits for construction, modification, or operation of facilities which discharge pollutants into waters, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Any person who owns or operates a facility of any type or who desires to erect, modify, alter, or commence operation of a facility of any type which results or will result in the discharge of pollutants from a point source into the waters of the state shall obtain from the director a permit to make such discharge. Any person desiring to erect, modify, alter, or commence operation of a facility which will result in such discharge but which is not discharging such pollutants as of July 1, 1974, must obtain such permit prior to the discharge of same. Any person who is operating a facility which results in such discharge as of July 1, 1974, may continue to make such discharge pending final action by the director on the application for such discharge permit, provided that such application has been filed with the director by September 29, 1974; and provided, further, that such discharge does not present an immediate health hazard to the public. The director, under the conditions he or she prescribes, may require the submission of such plans, specifications, and other information as he or she deems relevant in connection with the issuance of such permits. The director may, after public notice and MONDAY, MARCH 13, 2006 3443 opportunity for public hearing, issue a permit which authorizes the person to make such discharge, upon condition that such discharge meets or will meet, pursuant to any schedule of compliance included in such permit, all water quality standards, effluent limitations, and all other requirements established pursuant to this article. The director shall give preference to existing permits or modification of existing permits in conformity with existing service delivery strategy agreements required in Chapter 70 of Title 36." SECTION 3. Said chapter is further amended by striking subsection (f) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters, and inserting in lieu thereof a new subsection (f) to read as follows: "(f) In the event two or more competing applicants or users qualify equally under subsection (e) of this Code section, the director is authorized to grant permits to applicants or modify the existing permits of users for use of specified quantities of surface waters on a prorated or other reasonable basis in those situations where such action is feasible; provided, however, the director shall give preference to an existing use over an initial application, including preference to existing permits or modification of existing permits in conformity with existing service delivery strategy agreements required in Chapter 70 of Title 36." SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 12-5-96, relating to permits to withdraw, obtain, or use ground water, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) When sufficient evidence is provided by the applicant that the water withdrawn or used from the ground is not consumptively used, a permit therefor shall be issued by the division without a hearing and without the conditions provided in subsection (c) of this Code section. Applications for such permits shall set forth such facts as the division shall deem necessary to enable it to establish and maintain adequate records of all water uses. The director shall give preference to existing permits or modification of existing permits in conformity with existing service delivery strategy agreements required in Chapter 70 of Title 36." SECTION 5. This Act shall become effective on January 1, 2007; provided, however, that this Act shall only become effective on January 1, 2007, upon the ratification of a resolution at the November 2006 state-wide general election that amends the Constitution so as to authorize the General Assembly to provide by general law for the creation and comprehensive regulation of infrastructure development districts. If such resolution is not so ratified, this Act shall not become effective and shall stand repealed in its entirety on January 1, 2007. 3444 JOURNAL OF THE HOUSE SECTION 6. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson N Ashe Y Barnard Y Barnes N Bearden E Beasley-Teague Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox N Crawford Y Cummings N Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E 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 Harbin N Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A N Holmes N Holt Y Horne N Houston Y Howard, E Y Hudson Y Hugley Y Jackson N Jacobs Y James N Jamieson Y Jenkins N Jennings Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown Y Kidd Y Knight N Knox N Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox N Mangham N Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton N Meadows E Millar Y Mills Y Mitchell N Morgan Y Morris Y Mosby Y Mosley Mumford N Murphy, J Y Murphy, Q Y Neal N Oliver Y O'Neal N 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 Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson N Talton N Teilhet Thomas, A.M N Thomas, B Y Tumlin Walker E Warren Y Watson Wilkinson Willard Y 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 121, nays 37. The Bill, having received the requisite constitutional majority, was passed, by substitute. MONDAY, MARCH 13, 2006 3445 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. HR 1339. By Representatives O`Neal of the 146th, Royal of the 171st and Porter of the 143rd: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation and comprehensive regulation of infrastructure development districts; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation and comprehensive regulation of infrastructure development districts; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article IX of the Constitution is amended by adding a new section at the end thereof, to be designated Section VIII, to read as follows: "SECTION VIII. INFRASTRUCTURE DEVELOPMENT DISTRICTS Paragraph I. Creation. The General Assembly may by general law provide for the creation of and comprehensive regulation of infrastructure development districts. Paragraph II. Purposes. The purpose of an infrastructure development district shall be the creation, provision, and expansion of such infrastructure services and facilities as may be provided for by general law. Paragraph III. Administration. (a) Any general law providing for the creation of infrastructure development districts shall provide for the establishment of an administrative or governing body for the infrastructure development district and the appointment or election, terms, and qualifications of the members of such body. (b) The administrative or governing body of each infrastructure development district may be authorized to levy, impose, and collect such taxes, fees, and assessments within 3446 JOURNAL OF THE HOUSE the district, or portion or portions of such district, under such conditions as shall be specified by general law. Paragraph IV. Debt. The administrative or governing body of an infrastructure development district may incur debt, as authorized by general law, without regard to any of the provisions of Section V of this article, which debt may be backed by the full faith, credit, and taxing power of the infrastructure development district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia. Paragraph V. Cooperation with local governments. The provisions of this section shall in no way limit the authority of any county or municipality to provide services or facilities within any infrastructure development district; and any county or municipality shall retain full and complete authority and control over any of its facilities located within an infrastructure development district. Said control shall include but not be limited to the modification of, access to, and degree and type of services provided through or by facilities of the municipality or county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to any infrastructure development district or the services or facilities provided therein. No administrative or governing body of an infrastructure development district shall have or exercise the power of eminent domain, nor shall the state or any local government delegate such power to or exercise such power through any administrative or governing body of an infrastructure development district. Paragraph VI. Regulation by general law. The General Assembly by general law shall provide for the powers, duties, and authority of infrastructure development districts and may regulate, restrict, and limit the creation of infrastructure development districts and the exercise of the powers of administrative or governing bodies of infrastructure development districts." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution of Georgia be amended so as to authorize the General Assembly to provide by general law for the creation and comprehensive regulation of infrastructure development districts for the purpose of building community projects consistent with local government comprehensive plans?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. MONDAY, MARCH 13, 2006 3447 The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N 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 Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger N 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 N Holmes Y Holt Y Horne Houston Y Howard, E Hudson Y Hugley Y Jackson N Jacobs Y James Jamieson Y Jenkins Y Jennings Johnson Y Jones, J N Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell N Morgan Y Morris Y Mosby Y Mosley Mumford Y Murphy, J Y Murphy, Q Y Neal N Oliver Y O'Neal N 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 Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Stephens Y Stephenson N Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates Richardson, Speaker On the adoption of the Resolution, by substitute, the ayes were 136, nays 16. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. Representative Smyre of the 132nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. 3448 JOURNAL OF THE HOUSE HB 1423. By Representative Cox of the 102nd: A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts, so as to change the terms of the superior court in Gwinnett County; 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 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 Y 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 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 Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene 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, E Y Hudson Y Hugley Y 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 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 Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker MONDAY, MARCH 13, 2006 3449 On the passage of the Bill, the ayes were 162, nays 0. 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 "aye" thereon. HB 1497. By Representatives Knight of the 126th, Chambers of the 81st, Burkhalter of the 50th and Benfield of the 85th: A BILL to be entitled an Act to amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to provide for requirements for persons who own vicious dogs; to provide for a short title; to provide for definitions; to provide for requirements for possessing a vicious dog; to provide for restrictions on permitting vicious dogs to be outside of proper enclosures; to provide for confiscation of vicious dogs under certain circumstances; to provide for penalties; to provide that the article is supplementary to other laws; to provide for liability for damages; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to provide for requirements for persons who own vicious dogs; to provide for a short title; to provide for definitions; to provide for requirements for possessing a vicious dog; to provide for restrictions on permitting vicious dogs to be outside of proper enclosures; to provide for confiscation of vicious dogs under certain circumstances; to provide for penalties; to provide that the article is supplementary to other laws; to provide for liability for damages; 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 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, is amended by adding a new article to the end of the chapter to read as follows: "ARTICLE 3 4-8-40. 3450 JOURNAL OF THE HOUSE This article shall be known and may be cited as the 'Mercedes Law.' 4-8-41. (a) As used in this article, the term: (1) 'Dog control officer' means an individual selected by a local government pursuant to the provisions of subsection (c) of Code Section 4-8-22 to aid in the administration and enforcement of the provisions of Article 2 of this title. (2) 'Local government' means any county or municipality of this state. (3) 'Owner' means any natural person or any legal entity, including, but not limited to, a corporation, partnership, firm, or trust owning, possessing, harboring, keeping, or having custody or control of a vicious dog within this state. (4) 'Proper enclosure' means an enclosure for keeping a vicious dog while on the owner's property securely confined indoors or in a securely enclosed and locked pen, fence, or structure suitable to prevent the entry of young children and designed to prevent the dog from escaping. Any such pen or structure shall have secure sides and a secure top, and, if the dog is enclosed within a fence, all sides of the fence shall be of sufficient height and the bottom of the fence shall be constructed or secured in such a manner as to prevent the dog's escape either from over or from under the fence. Any such enclosure shall also provide protection from the elements for the dog. (5) 'Severe injury' means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery or a physical injury that results in death. (6) 'Vicious dog' means any dog that: (A) On a previous occasion, which is known to the owner, attacked or injured any human being or domestic animal without provocation; or (B) Is owned, possessed, kept, harbored, trained, or maintained for the purpose of fighting. Such term shall not include a dog that inflicts an injury upon a person when the dog is being used by a law enforcement officer to carry out the law enforcement officer's official duties. A dog shall not be a vicious dog if the injury inflicted by the dog was sustained by a person who, at the time, was committing a willful trespass or other tort or was tormenting, abusing, or assaulting the dog or had in the past been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime. 4-8-42. (a) The owner of a vicious dog shall notify the dog control officer of the jurisdiction in which the owner lives within 24 hours if the dog is on the loose, is unconfined, has attacked a human, has died, or has been sold or donated. If the dog has been sold or donated, the owner shall also provide the dog control officer with the name, address, and telephone number of the new owner of the dog. MONDAY, MARCH 13, 2006 3451 (b) The owner of a vicious dog shall notify the dog control officer of the jurisdiction in which the owner lives, if the owner is moving from the dog control officer's jurisdiction. 4-8-43. (a) It is unlawful for an owner of a vicious dog to permit the dog to be outside a proper enclosure unless the dog is restrained by a leash and is under the physical restraint of a responsible person. (b) A vicious dog shall be immediately confiscated by the dog control officer or by a law enforcement officer or by another person authorized by the dog control officer if the: (1) Vicious dog is not maintained in a proper enclosure; or (2) Vicious dog is outside a proper enclosure in violation of subsection (a) of this Code section. (c) Any dog that has been confiscated under the provisions of subsection (b) of this Code section shall be returned to its owner upon the owner's compliance with the provisions of this article and upon the payment of reasonable confiscation costs. In the event the owner has not complied with the provisions of this article within 40 days of the date the dog was confiscated, said dog shall be destroyed in an expeditious and humane manner. 4-8-44. (a) The owner of a vicious dog who violates Code Section 4-8-42 or 4-8-43 shall be guilty of a misdemeanor. In addition to any confinement that might be imposed for a conviction under this subsection, for the second conviction a fine of not less than $300.00 shall be imposed and for a third or subsequent conviction a fine of not less than $500.00 shall be imposed. (b) If an owner who has a previous conviction for a violation of this article knowingly and willfully fails to comply with the provisions of this article, such owner shall be guilty of a misdemeanor of high and aggravated nature if the owner's vicious dog attacks, bites, causes severe injury, or causes the death of a human being under circumstances constituting another violation of this article. (c) In addition to the penalties for violations under subsection (b) of this Code section, the vicious dog involved shall be immediately confiscated by the dog control officer or by a law enforcement officer or another person authorized by the dog control officer and placed in quarantine for the proper length of time as determined by the county board of health, and thereafter, the vicious dog shall be destroyed in an expeditious and humane manner. 4-8-45. (a) The provisions of this article are in addition to and supplementary of any previously existing laws of this state and shall not be construed to repeal or supersede such previously existing laws. 3452 JOURNAL OF THE HOUSE (b) It is the intention of this article to establish as state law minimum standards and requirements for the control of vicious dogs and to provide for certain state crimes for violations of such minimum standards and requirements. However, this article shall not supersede or invalidate existing ordinances or resolutions of local governments or prohibit local governments from adopting and enforcing ordinances or resolutions which provide for more restrictive control of dogs, including a more restrictive definition of a vicious dog, than the minimum standards and requirements provided for in this article. 4-8-46. It is the intent of the General Assembly that the owner of a vicious dog shall be solely liable for any injury to or death of a person caused by such dog. Under no circumstances shall a local government or any employee or official of a local government which enforces or fails to enforce the provisions of this article be held liable for any damages to any person who suffers an injury inflicted by a dog that has been identified as a vicious dog or by a dog that has been reported to the proper authorities as being a vicious dog or by a dog which has been identified as a vicious dog but has not been kept or restrained in the manner described in subsection (a) of Code Section 4-8-43." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following amendments were read and adopted: Representatives Bordeaux of the 162nd and Knight of the 126th move to amend the Committee substitute to HB 1497 as follows: On page 2, line 9 insert a comma immediately after "bones" and delete "or" On page 2, line 10 insert a comma immediately after "surgery". Representatives Knight of the 126th and Benfield of the 85th move to amend the Committee substitute to HB 1497 by striking lines 13 through 14 of page 2 and inserting in lieu thereof the following: (A) Inflicts a severe injury on a human being without provocation after the owner has notice that the dog has previously bitten or attacked or endangered the safety of a human being; or By striking lines 25 through 32 of page 2. By striking line 11 of page 3 and inserting in lieu thereof the following: MONDAY, MARCH 13, 2006 3453 4-8-43. By striking "or 4-8-43" from line 12 of page 3. By striking line 27 of page 3 and inserting in lieu thereof the following: 4-8-44. By striking lines 3 through 5 of page 4 and inserting in lieu thereof the following: 4-8-45. Under no circumstances By striking "Code Section 4-8-43" from line 11 of page 4 and inserting in lieu thereof the following: Code Section 4-8-42. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson 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 Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister N 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 Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Martin Y Maxwell N May N McCall E McClinton Y Meadows E Millar 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 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 3454 JOURNAL OF THE HOUSE 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 Y Cooper Y Cox Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford N Maddox Y Mangham Y Manning Y Marin Y Parsons Y Porter N Powell Y Ralston Y Randall N Ray N Reece, B Y Reece, S Y Reese Y Rice N Roberts Y Rogers Y Royal Y Rynders Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 10. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Maddox of the 172nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Jenkins of the 8th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. HB 1294. By Representatives Smith of the 113th, Floyd of the 147th and Royal of the 171st: A BILL to be entitled an Act to amend an Act amending Chapter 16 of Title 50 of the O.C.G.A., relating to public property, and amending Part 2 of Article 2 of Chapter 3 of Title 20 of the O.C.G.A., relating to the university system, approved May 29, 2003 (Ga. L. 2003, p. 313), so as to delay the repeal of a certain provision of said Act until June 30, 2008; to eliminate the June 30, 2006, repeal of a certain provision of said Act; to amend Title 20 of the O.C.G.A., relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the university system; to provide for certain nonlapsing revenue of institutions under the Department of Technical and Adult Education; to provide for automatic repeals of certain provisions; 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. MONDAY, MARCH 13, 2006 3455 On the passage of the Bill, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas 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 Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y 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 E 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 E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Y Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed. 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; 3456 JOURNAL OF THE HOUSE 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. The following Committee substitute was read: A BILL To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact the "Prescription Medication Integrity Act"; to provide for a short title; to provide for definitions; to provide for pedigrees for prescription drugs; to provide for contingent effectiveness; 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by inserting a new article at the end of such chapter to read as follows: "ARTICLE 11 26-4-190. This article shall be known and may be cited as the 'Prescription Medication Integrity Act.' 26-4-191. As used in this article, the term: (1) 'Board' means the State Board of Pharmacy. (2) 'Chain pharmacy warehouse' means a physical location for prescription drugs, devices, or both that acts as a central warehouse and performs intracompany sales or transfers of the prescription drugs, devices, or both to a group of chain pharmacies that have the same common ownership and control. (3) 'Facility' means a facility of a wholesale distributor where prescription drugs are stored, handled, repackaged, or offered for sale. (4) 'Normal distribution channel' means a chain of custody for a prescription drug that goes from a manufacturer to a wholesale distributor to a pharmacy including but not limited to: (A) From a manufacturer to a wholesale drug distributor, to a chain drug warehouse, to a pharmacy affiliated with the chain drug warehouse; MONDAY, MARCH 13, 2006 3457 (B) From a manufacturer to a chain drug warehouse, to a pharmacy affiliated with the chain drug warehouse; (C) From a manufacturer to a third-party logistics provider, to a wholesale drug distributor, to a pharmacy; (D) From a manufacturer to a third-party logistics provider, to a wholesale drug distributor, to a chain drug warehouse, to a pharmacy affiliated with the chain drug warehouse; or (E) As prescribed by rules adopted by the board. (5) 'Pedigree' means a document or electronic file containing information that records each transaction of a prescription drug from sale by a pharmaceutical manufacturer, to acquisition and sale by any wholesale distributor or repackager, to final sale to a pharmacy or other person dispensing or administering the prescription drug. (6) 'Prescription drug' means a drug which, under federal law, is required, prior to being dispensed or delivered, to be labeled with either of the following statements: 'Caution: federal law prohibits dispensing without prescription' or 'Caution: federal law restricts this drug to use by, or on the order of, a licensed veterinarian'; or a drug which is required by any applicable federal or state law or rule to be dispensed pursuant only to a prescription drug order or is restricted to use by practitioners only; or a controlled substance as defined in paragraph (6) of Code Section 26-4-5 or a dangerous drug as defined in paragraph (7) of Code Section 26-4-5. (7) 'Repackage' means repackaging or otherwise changing the container, wrapper, or labeling to further the distribution of a prescription drug; provided, however, that this shall not apply to pharmacists in the dispensing of prescription drugs to the patient. (8) 'Repackager' means a person who repackages. (9) 'Third-party logistics provider' means an entity that provides or coordinates warehousing, distribution, or other services on behalf of a manufacturer but does not take title to a drug or have general responsibility to direct the sale or other disposition of the drug. (10) 'Wholesale distributor' means any person engaged in wholesale distribution of drugs, including but not limited to repackagers; own label distributors; private label distributors; jobbers; brokers; warehouses, including manufacturers and distributors warehouses and wholesale drug warehouses; independent wholesale drug traders; and retail and hospital pharmacies and chain pharmacy warehouses that conduct wholesale distributions. This term shall not include manufacturers. (11) 'Wholesale distribution' shall not include: (A) Intracompany sales of prescription drugs by a chain pharmacy warehouse, meaning any transaction or transfer between any division, subsidiary, parent, or affiliated or related company under common ownership and control of a corporate entity; (B) The sale, purchase, distribution, trade, or transfer of a prescription drug or offer to sell, purchase, distribute, trade, or transfer a prescription drug for emergency medical reasons including transfers of a prescription drug from retail pharmacy to retail pharmacy; 3458 JOURNAL OF THE HOUSE (C) The distribution of prescription drug samples by manufacturers representatives; (D) Prescription drug returns when conducted by a hospital, health care entity, retail pharmacy, or charitable institution in accordance with 21 C.F.R. Section 203.23; (E) The sale of minimal quantities of prescription drugs by retail pharmacies to licensed practitioners for office use; (F) Retail pharmacies delivery of prescription drugs to a patient or patient's agent pursuant to the lawful order of a licensed practitioner; or (G) The distribution of prescription drugs by third-party logistics providers working under contract of a prescription drug manufacturer. 26-4-192. (a)(1) Each person who is engaged in wholesale distribution of prescription drugs shall establish and maintain inventories and records of all transactions regarding the receipt and distribution or other disposition of the prescription drugs. These records shall include pedigrees for all prescription drugs which are not distributed through the normal distribution channel in accordance with rules and regulations adopted by the board. (2) A retail pharmacy or chain pharmacy warehouse shall comply with the requirements of this Code section only if the retail pharmacy or chain pharmacy warehouse engages in wholesale distribution of prescription drugs. (3) The board shall conduct a study to be completed no later than January 1, 2007, which shall include consultation with manufacturers, distributors, and pharmacies responsible for the sale and distribution of prescription drug products in this state. Based on the results of the study, the board shall establish a mandated implementation date for electronic pedigrees which shall be no sooner than December 31, 2007; provided, however, that no provision of this article shall be effective until such time as the General Assembly appropriates reasonable funds for administration of this article. (b) Each person in possession of a pedigree for a prescription drug who is engaged in the wholesale distribution of a prescription drug, including repackagers but excluding the original manufacturer of the finished form of the prescription drug, and who attempts to further distribute that prescription drug shall affirmatively verify before any distribution of a prescription drug occurs that each transaction listed on the pedigree has occurred. (c) The pedigree shall include all necessary identifying information concerning each sale in the chain of distribution of the product from the manufacturer, to acquisition and sale by any wholesale distributor or repackager, and to final sale to a pharmacy or other person dispensing or administering the prescription drug. At a minimum, the pedigree shall include: (1) The name, address, telephone number, and, if available, e-mail address of each owner of the prescription drug and each wholesale distributor of the prescription drug; MONDAY, MARCH 13, 2006 3459 (2) The name and address of each location from which the prescription drug was shipped, if different from the owner's; (3) Transaction dates; (4) Certification that each recipient has authenticated the pedigree; (5) The name of the prescription drug; (6) Dosage form and strength of the prescription drug; (7) Size of the container; (8) Number of containers; (9) Lot number of the prescription drug; and (10) The name of the manufacturer of the finished dosage form. (d) Each pedigree shall be: (1) Maintained by the wholesale distributor for three years from the date of sale or transfer; and (2) Available for inspection or use upon a request by the board. (e) The board shall adopt rules and regulations, including a standard form, relating to the requirements of this article no later than 90 days after the effective date of this article. 26-4-193. (a) If the board finds that there is a reasonable probability that: (1) A wholesale distributor has: (A) Violated a provision of this article; or (B) Falsified a pedigree, or sold, distributed, transferred, manufactured, repackaged, handled, or held a counterfeit prescription drug intended for human use; (2) The prescription drug at issue in subparagraph (B) of paragraph (1) of this subsection could cause serious, adverse health consequences or death; and (3) Other procedures would result in unreasonable delay, the board shall issue an order requiring the appropriate person, including the manufacturers, distributors, or retailers of the prescription drug, to immediately cease distribution of the prescription drug in or to this state. (b) An order under subsection (a) of this Code section shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than ten days after the date of the issuance of the order, on the actions required by the order. If, after such a hearing, the board determines that inadequate grounds exist to support the actions required by the order, the board shall vacate the order. 26-4-194. It shall be unlawful for a person to perform or cause the performance of or aid and abet any of the following acts in this state: (1) Selling, distributing, or transferring a prescription drug to a person that is not authorized to receive the prescription drug under the law of the jurisdiction in which the person receives the prescription drug; (2) Failing to maintain or provide pedigrees as required by the board; 3460 JOURNAL OF THE HOUSE (3) Failing to obtain, transfer, or authenticate a pedigree as required by the board; (4) Providing the board or any of its representatives or any federal official with false or fraudulent records or making false or fraudulent statements regarding any matter within the provisions of this article; (5) Obtaining or attempting to obtain a prescription drug by fraud, deceit, or misrepresentation or engaging in misrepresentation or fraud in the distribution of a prescription drug; and (6) Except for the wholesale distribution by manufacturers of a prescription drug that has been delivered into commerce pursuant to an application approved under federal law by the Food and Drug Administration, the manufacturing, repacking, selling, transferring, delivering, holding, or offering for sale of any prescription drug that is adulterated, misbranded, counterfeit, suspected of being counterfeit, or has otherwise been rendered unfit for distribution. 26-4-195. (a) Notwithstanding Code Section 26-4-115, any person who engages in the wholesale distribution of prescription drugs in violation of this article shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than 15 years, by fine not to exceed $50,000.00, or both. (b) Notwithstanding Code Section 26-4-115, any person who knowingly engages in wholesale distribution of prescription drugs in violation of this article shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than 25 years, by fine not to exceed $500,000.00, or both." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Reece of the 27th et al. move to amend the Committee substitute to HB 907 by inserting between lines 28 and 29 of page 4 the following: (f) Pharmacies licensed pursuant to this chapter shall not be required to possess or maintain any pedigree issued pursuant to this Code section. 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: MONDAY, MARCH 13, 2006 3461 E Abdul-Salaam Y 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 Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper 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 Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James N Jamieson Y Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight N Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 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 E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. The Speaker Pro Tem assumed the Chair. HR 1109. By Representative Jamieson of the 28th: A RESOLUTION honoring the life and lifetime achievements of the late Governor Samuel Ernest Vandiver, Jr., and dedicating the Samuel Ernest Vandiver, Jr., Interchange; and for other purposes. 3462 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. HR 1661. By Representative Hatfield of the 177th: A RESOLUTION celebrating the life of Noah Hershel Stokes and dedicating the Hershel Stokes Memorial Overpass; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION Dedicating certain portions of the state highway system; to provide for related matters; and for other purposes. PART I WHEREAS, Herschel Stokes was born on June 13, 1934; and WHEREAS, he was educated in the Charlton County School System and graduated from Georgia Military College and the University of Georgia with a bachelor's degree in business administration; and WHEREAS, he married Jean Prescott on June 10, 1956, and they had two children, a son, Noah, and a daughter, Stacey, and six wonderful grandchildren; and WHEREAS, he was drafted into the United States Army in December, 1956; and WHEREAS, Herschel was active in many arenas: he started the BEL-MED Recreation Association in Orange Park, Florida; he was an avid fisherman and a Georgia Bulldog fan; he was associated with the Toledo Manufacturing Timber Company in Charlton County; he served two terms on the Folkston City Council; and he was instrumental in bringing the D. Ray James Correctional Facility to Folkston; and WHEREAS, he was the key person in pushing for the construction of the overpass on SR 23/121 because he felt it was not safe for emergency vehicles to have to wait on trains to pass through town before they could get to the scene of an emergency or return to a hospital; and WHEREAS, he was a determined person and once he committed to a project he did not stop until it was completed; his goal was not recognition but making Charlton County a better place to live; and MONDAY, MARCH 13, 2006 3463 WHEREAS, the state lost a distinguished citizen when Herschel was killed in an automobile wreck on October 25, 2003; and WHEREAS, it is only fitting that the overpass he worked so hard for to improve emergency services in Folkston and Charlton County should be named in his memory. PART II WHEREAS, the Okefenokee is a vast bog inside a huge, saucer shaped depression that was once part of the ocean floor. Peat deposits, up to 15 feet thick, cover much of the swamp floor. These deposits are so unstable in spots that one can cause trees and surrounding bushes to tremble by stomping the surface. In fact, Okefenokee is a European rendition of the Indian words meaning "land of the trembling earth"; and WHEREAS, the slow-moving waters of the Okefenokee are tea-colored from the tannic acid released by decaying vegetation. The principal outlet of the swamp, the Suwannee River, originates in the heart of the Okefenokee and drains southwest into the Gulf of Mexico. The swamp's southeastern drainage to the Atlantic Ocean is the St. Mary's River, which forms the boundary between Georgia and Florida; and WHEREAS, the swamp contains numerous islands and lakes, along with vast areas of nonforested terrain. Prairies cover about 60,000 acres of the swamp. Once forested, these expanses of marsh were created during periods of severe drought when fires burned out vegetation and the top layers of peat. The prairies harbor a variety of wading birds: herons, egrets, ibises, cranes, and bitterns; and WHEREAS, the swamp remains one of the oldest and most well-preserved fresh-water areas in America. In all, the swamp covers an area of 38 miles north to south and 25 miles east to west; and WHEREAS, the swamp is a vital part of the cultural heritage of this state and an important part of the local economy in that it attracts tourists from all over the world. PART III NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the overpass bridge on SR 23/SR 121 located near their junction with US 1/US 23, in the City of Folkston, in Charlton County, is dedicated as the Herschel Stokes Memorial Overpass. BE IT FURTHER RESOLVED that the Okefenokee Trail is dedicated as follows: (1) That portion of State Route 38/U.S. Highway 84 from Valdosta to Waycross; (2) State Route 4/U.S. Highway 1/23 from Waycross to its juncture with State Route 23/U.S. Highway 301; (3) State Route 23/U.S. Highway 301 from the junction with State Route 4/U.S. Highway 23 to Folkston; 3464 JOURNAL OF THE HOUSE (4) State Route 177 from its junction with State Route 4/U.S. Highway 23 to Okefenokee; (5) State Route 40 from Folkston to Kingsland; (6) State Route 121 from Folkston to the Florida border; (7) State Route 89/U.S. Highway 441 from Homerville to Edith; (8) State Route 94 from Edith to the Florida border; and (9) State Route 177 from Fargo to the Stephen C. Foster State Park. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to remove signs designating the Okefenokee Parkway and to place and maintain appropriate markers designating the Okefenokee Trail. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain signs identifying the highway facilities dedicated in this resolution. 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, the family of Herschel Stokes, and the Folkston City Council. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Resolutions. On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y 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 Y Bruce Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar N Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre MONDAY, MARCH 13, 2006 3465 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 Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox E Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolutions, the ayes were 160, nays 1. The Resolutions, having received the requisite constitutional majority, were adopted. HB 1335. By Representatives Day of the 163rd, Crawford of the 127th, Amerson of the 9th, Horne of the 71st, Hanner of the 148th and others: A BILL to be entitled an Act to amend Code Section 35-3-34.1 of the O.C.G.A., relating to the circumstances when an exonerated first offender's criminal record may be disclosed, so as to permit state or local law enforcement units to review first offender record information when hiring a law enforcement officer; to amend Code Section 42-8-63.1 of the O.C.G.A., relating to first offender probation discharges that disqualify individuals from employment, so as to permit consideration of such a discharge when employing a law enforcement officer; to change certain provisions relating to the disqualification of individuals from employment based on first offender probation discharge information and the disclosure of exonerated first offender records; 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 Crawford Y Cummings Y Hill, C.A Y Holmes Y Martin Y Maxwell Y Sailor Y Scheid 3466 JOURNAL OF THE HOUSE 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 Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y 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 E Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y May Y McCall E McClinton Y Meadows E Millar 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 Y Rogers Y Royal Y Rynders 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 E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1542. By Representative Ralston of the 7th: 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 extend the date by which the licensing requirements imposed by the chapter become effective; to extend the date by which persons must meet and apply to be licensed without examination; to change provisions relating to licensure involving a reciprocal agreement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 13, 2006 3467 The following amendment was read and adopted: Representative Ralston of the 7th moves to amend HB 1542 by striking "2006" from line 16 of page 1 and inserting in lieu thereof the following: 2007 By striking line 23 of page 1 and inserting in lieu thereof the following: consequences relating thereto shall not become effective and enforceable until July 1, 2007 January 1, By striking "18" from line 11 of page 2 and inserting in lieu thereof the following: 12 By striking lines 15 and 16 of page 2 and inserting in lieu thereof the following: such exemption starting July 1, 2006 January 1, 2007, and continuing thereafter. (b) As a matter of public policy, any contract entered into on or after July 1, 2007 January 1, 2008, The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson 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 Y Bruce Y Bryant Y Buckner, D Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Jordan Y Keen Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar 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 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 3468 JOURNAL OF THE HOUSE 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 Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Keown Y Kidd Y Knight Y Knox E Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, as amended, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1239. By Representatives Setzler of the 35th, Keen of the 179th, Thomas of the 55th, Maxwell of the 17th, May of the 111th and others: A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," so as to require annual instruction in certain grades in criminal law in Georgia as it relates to school-aged children; to provide for legislative findings; to provide for a minimum course of study established by the State Board of Education; to provide for a manual; to provide for rules and regulations; to provide for time frames; to provide for construction; 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 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," so as to provide for a minimum course of study in criminal law in Georgia established by the State Board of Education; to provide legislative findings; to provide for a manual; to provide for rules and regulations; MONDAY, MARCH 13, 2006 3469 to provide for time frames for implementation; to provide for construction; to provide for an election by a parent or guardian not to participate; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," is amended by adding at the end thereof a new Code section to read as follows: "20-2-148. (a) The General Assembly finds that our youth are the future of our state and that it is in the best interests of the youth and of society as a whole to discourage, to the greatest extent possible, criminal behavior of youth. The General Assembly further finds that it would be beneficial to educate the youth of this state on the repercussions of engaging in behavior that can be deemed criminal and the devastating impact it can have on the life of the individual, on the individual's family, and on society as a whole. (b) The State Board of Education shall prescribe a minimum course of study which shall include the criminal code in Georgia as it affects minors with an emphasis on sexual offenses, crimes for which a minor can be tried as an adult, crimes included in paragraph (2) of subsection (b) of Code Section 15-11-28, and potential criminal penalties for committing crimes. The State Board of Education shall ensure that any minimum course of study shall be age appropriate for each prescribed grade. The minimum course of study shall be included as a portion of an appropriate course, as determined by the State Board of Education at a minimum, in grades eight and nine, and the instruction shall be delivered in a classroom setting. The minimum course of study shall include an assessment on the material at the conclusion of the instruction and the results of the assessment shall be included as a part of the student's grade in the course. The state board shall establish minimum time requirements for the course of study. Any changes made by the General Assembly to the criminal code as it affects minors shall be included in a revised course of study for the following school year. (c) A manual setting out the details of such course of study shall be prepared by or approved by the State Board of Education in cooperation with the Attorney General, and such expert advisers as they may choose and shall be made available to parents upon request. (d) The State Board of Education shall be authorized to promulgate rules and regulations to implement the requirements of this Code section. (e) The minimum course of study to be prescribed by the State Board of Education pursuant to subsection (c) of this Code section shall be ready for implementation not later than July 1, 2007. Each local board shall implement either such minimum course of study or its equivalent not later than December 31, 2007. Any local board of education which fails to comply with this subsection shall not be eligible to receive any 3470 JOURNAL OF THE HOUSE state funding under this article until such minimum course of study or its equivalent has been implemented. (f) Any parent or legal guardian of a child to whom the course of study set forth in this Code section is to be taught shall have the right to elect, in writing, that such child not receive such course of study. (g) No teacher, administrator, or local board of education member shall be held civilly or criminally liable for instruction provided pursuant to this Code section if such instruction is provided in accordance with this Code section and with State Board of Education and local board of education guidelines." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard N Barnes N Bearden E Beasley-Teague Benfield N Benton N Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister N Burns Y Butler N Byrd Y Carter Casas Y Chambers Y Channell Cheokas Y Coan N Crawford N Cummings Y Davis Y Day Y Dean N Dickson N Dodson N Dollar Y Drenner Y Dukes Y Ehrhart Y England Epps N Everson Y Fleming Y Floyd, H E Floyd, J N Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick N Graves, D N Graves, T N Greene Hanner N Harbin N Hatfield Y Heard, J Y Hill, C.A N Holmes Y Holt N Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jennings Johnson Y Jones, J Y Jones, S N Jordan Y Keen Y Keown Y Kidd Y Knight N Knox E Lakly Y Lane, B E Lane, R N Lewis Y Lindsey Lord Y Loudermilk N Lucas Y Martin Y Maxwell N May N McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford N Murphy, J Y Murphy, Q Y Neal Y Oliver N O'Neal Orrock Parham Y Parrish E Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B N Reece, S Y Reese Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield N Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T N Smith, V Y Smyre Stanley-Turner Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin N Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A MONDAY, MARCH 13, 2006 3471 Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C N Lunsford Y Maddox Y Mangham N Manning Y Marin N Rice N Roberts Y Rogers Y Royal N Rynders Y Williams, E N Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 116, nays 41. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative May of the 111th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Hudson of the 124th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon. HB 731. By Representatives Borders of the 175th and Black of the 174th: A BILL to be entitled an Act to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to provide that any person who was serving as a juvenile court judge on July 1, 2006, and who was not a member of any state or local retirement system or pension fund may become a member of the Georgia Judicial Retirement System; to provide that any such person may obtain up to five years of creditable service upon payment of the employer's and employee's contribution with interest; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to provide that any person who was serving as a juvenile court judge on July 1, 2006, and who was not a member of any state or local retirement system or pension fund may become a member of the Georgia Judicial Retirement System; to provide that any such person may obtain up to five years of creditable service upon payment of the full actuarial cost; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. 3472 JOURNAL OF THE HOUSE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, is amended by inserting at the end thereof the following: "47-23-51. (a) Any person who on July 1, 2006, was serving as a juvenile court judge and who was not a member of any state or local retirement system or pension fund may make an irrevocable election to become a member of this system. Such election must be made in writing to the board of trustees not later than December 31, 2006. (b) Any member who becomes a member under the provisions of subsection (a) of this Code section may obtain up to five years of creditable service for prior service as a juvenile court judge by paying to the board of trustees such amount as determined by the actuary as necessary to grant such creditable service without creating any actuarial accrued liability as to the retirement system. No service may be used for purposes of this subsection which may also be used for credit in any other public retirement system or pension fund." SECTION 2. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Benfield Y Benton Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson N Dollar Y Drenner Y Dukes Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y Martin Y Maxwell N May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield MONDAY, MARCH 13, 2006 3473 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 N 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 Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Greene Hanner Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y James Y Jamieson Y Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Y Jordan Keen Y Keown Y Kidd Y Knight Y Knox E Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Parham Y Parrish E 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 N Rynders Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Walker E 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 145, nays 6. The Bill, having received the requisite constitutional majority, was passed, by substitute. The Speaker assumed the Chair. HB 1424. By Representatives Smith of the 168th, Williams of the 165th, Hatfield of the 177th, Sims of the 169th, Roberts of the 154th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife generally, so as to change certain provisions relating to hunting with dogs generally; to change certain provisions relating to killing of dogs running deer; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia 3474 JOURNAL OF THE HOUSE Annotated, relating to general provisions relative to hunting, so as to change certain provisions relating to hunting deer with dogs, seasons, and permit requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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, is amended by striking Code Section 27-3-17, relating to hunting deer with dogs, seasons, and permit requirements, and inserting in lieu thereof the following: "27-3-17. (a) It shall be unlawful to hunt deer with dogs except during such special open seasons for the hunting of deer with dogs as may be designated by the board on a state-wide, regional, or local basis. (b) In accordance with subsection (a) of this Code section, the board is authorized to promulgate rules and regulations establishing an open season for the hunting of deer with dogs as may be appropriate based on sound wildlife management principles. (c) It shall be unlawful for any person to hunt deer with dogs on any tract of real property unless a permit for hunting deer with dogs has been issued by the department for such tract to the owner or owners of such tract or the lessee of deer hunting rights for such tract. A permit for hunting deer with dogs shall not be issued to 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 tract permit shall be $100.00 for an annual permit or $25.00 for a two-day permit. (d) The owner of any dog that is used for hunting deer must apply to the department for a deer hunting permit for such dog and cause such dog to be identified at all times during the hunt with the permit number for the tract being hunted. The application fee for such dog permit shall be $100.00 for an annual permit or $25.00 for a two-day permit. No person shall use a dog for hunting deer unless the owner of such dog holds a valid permit issued under this subsection. (e) Any person operating a motor vehicle used in conducting a deer hunt with dogs shall during such hunt clearly display in the lower corner of the driver's side of the front or rear windshield of such motor vehicle a decal or card showing the tract permit number in numerals not less than two inches high. MONDAY, MARCH 13, 2006 3475 (f)(1) The department shall thoroughly investigate for validity any complaints from adjacent property owners regarding hunting deer with dogs in violation of this title or rules and regulations issued pursuant to this title. The commissioner may take action against a tract permit holder or a dog permit holder as provided by Code Section 27-225 for violations of the provisions of this title or rules and regulations issued pursuant to this title occurring on the tract of real property for which the permit was issued. (2) The roaming or escape of or pursuit or trailing of game by any dog used for deer hunting from a tract of real property for which the hunter or organization of which he or she is a member or guest has been issued a tract permit under this Code section onto a tract of real property for which the hunter or organization of which he or she is a member or guest does not hold a tract permit under this Code section shall constitute cause for action against the holder of the dog permit or the holder of the permit for the tract from which the dog escaped or roamed as follows: (A) For the first two cumulative violations under this paragraph within any deer hunting season by a dog permit holder, a warning citation shall be issued to such dog permit holder; (B) For a third cumulative violation under this paragraph within any deer hunting season by a dog permit holder, the permit of the dog permit holder shall be revoked for a period of one year from the date of the third violation; and (C) For a second cumulative violation under this paragraph within any deer hunting season by any members or guests of a tract permit holder occurring after any member or guest thereof has had his or her dog permit revoked under subparagraph (B) of this paragraph, the tract permit shall be revoked for such tract for a period of one year from the date of such second violation." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Hill, C.A Y Holmes N Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James N Jamieson Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L 3476 JOURNAL OF THE HOUSE 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 Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Knox E Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Mosley Y Mumford Y Murphy, J Y Murphy, Q N Neal N Oliver Y O'Neal Y Orrock Parham Y Parrish E 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 N Royal Y Rynders Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 154, nays 7. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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 1216. By Representatives Freeman of the 140th, Rice of the 51st, Porter of the 143rd, Talton of the 145th, Byrd of the 20th and others: 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 allow the use of properly equipped all-terrain vehicles by law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: MONDAY, MARCH 13, 2006 3477 E Abdul-Salaam Y 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 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 Y Dean Y Dickson Dodson Y Dollar N Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Y Graves, T Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley Y Jackson Y Jacobs 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 E Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills Y Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Y Orrock Parham Y Parrish E Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M 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 E 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 155, nays 2. The Bill, having received the requisite constitutional majority, was passed. HB 1279. By Representatives Butler of the 18th, Smith of the 131st, Sheldon of the 105th, Smith of the 168th and Willard of the 49th: A BILL to be entitled an Act to amend Code Section 45-18-5 of the Official Code of Georgia Annotated, relating to county officers and employees participation in the state health benefit plan, so as to provide sheriffs, tax commissioners, clerks of superior court, and judges of the probate court with the option of participating in the state health benefit plan for themselves and their dependents; to provide for the coverage of their dependents; to provide 3478 JOURNAL OF THE HOUSE for the manner of exercising such option; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 45-18-5 of the Official Code of Georgia Annotated, relating to county officers and employees participation in the state health benefit plan, so as to provide sheriffs, tax commissioners, clerks of superior court, and judges of the probate court with the option of participating in the state health benefit plan for themselves and their dependents; to provide for the coverage of their dependents; to provide for the manner of exercising such option; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 45-18-5 of the Official Code of Georgia Annotated, relating to county officers and employees participation in the state health benefit plan, is amended by striking subsections (b) and (c) and inserting in lieu thereof new subsections (b) and (c) to read as follows: "(b)(1) Any sheriff, tax commissioner, clerk of superior court, or judge of the probate court in office on July 1, 2006, may elect to be included in any health plan or plans established under this article. Such election shall be made no later than August 1, 2006. In addition, any person newly elected to the office of sheriff, tax commissioner, clerk of superior court, or judge of probate court on or after January 1, 2007, may elect to be included in any health plan or plans established under this article. Such election shall be made within 31 days after taking office. If such officials elect not to be included in a health plan or plans established under this article, such officials shall not thereafter be eligible for participating in a health plan or plans established under this article. All such officials who leave office on or after December 31, 2006, who have served at least eight years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, or clerk of the superior court and who elected to participate in a health plan or plans established under this article may continue such participation after leaving office for themselves and their spouses and dependents. The governing authority of a county may elect by majority vote to provide for payment in a uniform manner of any portion, all, or none of the employer contributions for or required premiums or payments due from such county officials or former county officials who under this paragraph are eligible for inclusion in the health plan or plans established under this article. The board may contract with the County Officers Association of Georgia on behalf of the various counties of this state for the collection of the health insurance premiums of such officials who elect to be MONDAY, MARCH 13, 2006 3479 covered under this paragraph and their respective spouses and dependents. The County Officers Association of Georgia is authorized to contract with the board as provided in this Code section. Upon entering into such contract, it shall be the duty of the County Officers Association of Georgia to collect from the various counties of this state with which it has contracted under this subsection and remit to the board such payment as may be required under any health plan for inclusion in the health fund. The County Officers Association of Georgia may add a reasonable fee to the premiums required under the plan to cover necessary administrative costs. In addition, it shall be the duty of the County Officers Association of Georgia to maintain and remit to the board accurate records of official, dependent, and other information required by the board to administer this Code section. To the extent employer contributions are not fully made by a county, it shall be the duty of the covered officials and former officials to make such employer contributions required on their behalf for the operation of such plan or plans. (2) County officials may elect to be included in a health insurance plan, health maintenance organization, or other health benefits plan offered or provided by a county for its county officials or any health plan or plans established under this article. The governing authority of a county may elect by majority vote to provide for payment in a uniform manner of any portion, all, or none of the employer contributions for or required premiums or payments due from the county officials or former county officials who under this Code section are eligible for inclusion in the health plan or plans established under this article. The board is authorized to contract with the County Officers Association of Georgia on behalf of the various counties of this state for the inclusion in any health insurance plan or plans established under this article of officials, spouses, and dependents of officials serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority and officials, spouses, and dependents of officials leaving office on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority. The County Officers Association of Georgia is authorized to contract with the board as provided in this Code section. In the event that such a contract is entered into, it shall be the duty of the County Officers Association of Georgia to collect from the various counties of this state with which it has contracted under this subsection and remit to the board such payment as may be required under any health insurance plan for inclusion in the health insurance fund. The County Officers Association of Georgia may add a reasonable fee to the premiums required under the plan to cover necessary administrative costs. In addition, it shall be the duty of the County Officers Association of Georgia to maintain and remit to the board accurate records of official, dependent, and other 3480 JOURNAL OF THE HOUSE information required by the board to administer this Code section. The Office of Planning and Budget shall calculate the actual cost of the State Health Benefit Plan and report to the Department of Community Health for pricing for nonstate employees who are allowed to participate in the plan according to 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: E Abdul-Salaam N Amerson E Anderson Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Benfield N Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks N Brown Bruce N Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister N Burns Y Butler N Byrd N Carter N Casas N Chambers Y Channell N Cheokas N Coan Y Cole Y Coleman, B Y Coleman, T N Cooper Y Cox N Crawford Y Cummings Y Davis N Day N Dean N Dickson Dodson N Dollar Y Drenner N Dukes Y Ehrhart N England Y Epps N Everson Y Fleming N Floyd, H E Floyd, J Y Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger Golick Y Graves, D N Graves, T Greene Hanner Y Harbin N Hatfield N Heard, J Y Heard, K N Heckstall N Hembree Y Henson N Hill, C N Hill, C.A N Holmes N Holt Y Horne N Houston Y Howard, E Y Hudson Y Hugley Y Jackson N Jacobs James N Jamieson Y Jenkins N Jennings Johnson N Jones, J Jones, S N Jordan Y Keen N Keown Y Kidd N Knight Y Knox E Lakly N Lane, B E Lane, R N Lewis N Lindsey Y Lord N Loudermilk Y Lucas N Lunsford Y Maddox Y Mangham N Manning N Marin N Martin Y Maxwell N May Y McCall E McClinton N Meadows E Millar N Mills Y Mitchell Morgan Y Morris N Mosby N Mosley Y Mumford N Murphy, J Y Murphy, Q N Neal N Oliver Y O'Neal Y Orrock Parham Y Parrish E Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray N Reece, B Y Reece, S N Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid N Scott, A N Scott, M N 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 N Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson N Talton Y Teilhet Thomas, A.M Y Thomas, B N Tumlin Y Walker E Warren N Watson N Wilkinson N Willard Williams, A N Williams, E N Williams, R Y Wix N Yates Richardson, Speaker MONDAY, MARCH 13, 2006 3481 On the passage of the Bill, by substitute, the ayes were 81, nays 74. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Harbin of the 118th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 1279. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Benfield N Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox N Crawford Y Cummings Y Davis Y Day Y Dean N Dickson Dodson Y Dollar Y Drenner N Dukes Y Ehrhart Y England Y Epps N Everson Y Fleming N Floyd, H E Floyd, J Y Fludd Forster N Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Y Graves, T Greene Hanner Y Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A N Holmes N Holt Y Horne N Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs James N Jamieson Y Jenkins N Jennings Johnson Y Jones, J Jones, S N Jordan Y Keen Y Keown Y Kidd Y Knight N Knox E Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning N Marin Y Martin Y Maxwell Y May Y McCall E McClinton N Meadows E Millar Y Mills Y Mitchell Morgan Morris Y Mosby Y Mosley Y Mumford N Murphy, J Y Murphy, Q Y Neal N Oliver Y O'Neal Y Orrock Parham Y Parrish E Parsons Porter Y Powell Y Ralston Randall Y Ray N Reece, B Y Reece, S N Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid N Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B N Tumlin Y Walker E Warren Y Watson Y Wilkinson N Willard Williams, A N Williams, E N Williams, R Y Wix N Yates Richardson, Speaker On the motion, the ayes were 117, nays 30. The motion prevailed. 3482 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Benfield N 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 N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox N Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H E Floyd, J Y Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Graves, T Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs James N Jamieson Y Jenkins N Jennings Johnson Y Jones, J Jones, S N Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox E Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell May Y McCall E McClinton N Meadows E Millar Y Mills Y Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal N Oliver Y O'Neal Y Orrock Parham Y Parrish E 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 Royal Y Rynders Y Sailor Y Scheid N 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 Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson 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 139, nays 14. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1501. By Representatives Lindsey of the 54th and Wilkinson of the 52nd: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change provisions relating to the maximum fines which may be imposed for violations of MONDAY, MARCH 13, 2006 3483 county ordinances and which may be imposed by municipal courts; to change provisions relating to the maximum fines which may be specified by municipalities exercising home rule powers; to specifically authorize counties and municipalities to adopt ordinances relating to alcoholic beverages specifying fines up to a certain maximum amount; to provide for such provisions to control over conflicting provisions of local laws; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages in general, so as to provide certain limits for fines imposed for violations of local alcoholic beverage ordinances; 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 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages in general, is amended by adding new Code Section 33-2.2 to read as follows: "3-3-2.2. Notwithstanding the limitations imposed by subparagraph (a)(2)(C) of Code Section 36-35-6 or any other provision of general law, the maximum fine for violations of local alcoholic beverage licensing ordinances referenced in Code Section 3-3-2 shall be $2,500.00." SECTION 2. This Act shall become effective on July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson N Crawford N Cummings Y Davis Y Hill, C.A Y Holmes Y Holt Y Martin Y Maxwell N May Y Sailor Y Scheid Y Scott, A 3484 JOURNAL OF THE HOUSE Y Ashe Barnard N Barnes N Bearden E Beasley-Teague Benfield N Benton N Black Y Bordeaux N Borders Y Bridges Y Brooks Y Brown Bruce N Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister N Burns Y Butler N Byrd Y Carter Y Casas Y Chambers N Channell N Cheokas Y Coan N Cole Y Coleman, B N Coleman, T Y Cooper Y Cox Y Day N Dean Y Dickson Dodson N Dollar Y Drenner Y Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick N Graves, D Y Graves, T Greene Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree N Henson Y Hill, C Y Horne Y Houston N Howard, E Y Hudson Y Hugley N Jackson Y Jacobs James Y Jamieson N Jenkins Jennings Johnson Y Jones, J Y Jones, S N Jordan Y Keen Y Keown Y Kidd Y Knight N Knox E Lakly N Lane, B E Lane, R N Lewis Y Lindsey N Lord Y Loudermilk N Lucas Lunsford Y Maddox Y Mangham Y Manning N Marin N McCall E McClinton N Meadows E Millar N Mills N Mitchell Morgan Y Morris N Mosby Y Mosley Y Mumford N Murphy, J N Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Parham N Parrish E Parsons Y Porter N Powell Ralston N Randall N Ray N Reece, B Y Reece, S Y Reese Y Rice N Roberts Y Rogers Y Royal Y Rynders Y Scott, M Y Setzler N Shaw Y Sheldon N Sims, C N Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, P Y Smith, R Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Y Walker E Warren N Watson Y Wilkinson Y Willard Y 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 96, nays 56. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1160. By Representatives Knight of the 126th, Tumlin of the 38th, Mosby of the 90th and O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide for additional adjustments with respect to certain Subchapter "S" corporations, partnerships, or limited liability companies; to provide for procedures, conditions, and limitations; to provide for a definition; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 13, 2006 3485 The following Committee substitute was read and adopted: A BILL To amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide for additional adjustments with respect to certain Subchapter "S" corporations, partnerships, or limited liability companies; to provide for procedures, conditions, and limitations; to provide for a definition; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, is amended by striking paragraph (1) of subsection (d) and inserting in its place a new paragraph (1) to read as follows: "(d)(1)(A) As used in this paragraph, the term 'individual' shall mean the same as is defined in Code Section 48-1-2. (B) Georgia resident shareholders of Subchapter 'S' corporations may make an adjustment to federal adjusted gross income for Subchapter 'S' corporation income where another state does not recognize a Subchapter 'S' corporation. (C) A Georgia individual resident who is a partner in a partnership, who is a member of a limited liability company taxed as a partnership, or who is a single member of a limited liability company which is disregarded for federal income tax purposes may make an adjustment to federal adjusted gross income for the entity's income taxed in another state which imposes on the entity a tax on or measured by income. (D) Adjustments pursuant to this paragraph shall only be allowed for the portion of the income on which such tax was actually paid by such Subchapter "S" corporation, partnership, or limited liability company. In multitiered situations, the adjustment for such individual shall be determined by allocating such income between the shareholders, partners, or members at each tier based upon their profit/loss percentage." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 3486 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 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 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 Y Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Y Graves, T Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs 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 E Lakly Y Lane, B E 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 E Millar Y Mills Y Mitchell Morgan Y Morris Y Mosby Y Mosley 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 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 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 E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 149, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 910. By Representatives Rogers of the 26th and Graves of the 137th: MONDAY, MARCH 13, 2006 3487 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. The following Committee substitute was read: A BILL To amend Chapter 14 of Title 10 of the Official Code of Georgia Annotated, relating to cemetery and funeral services, and Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for definitions; to provide for certain requirements for preneed dealers relating to escrow accounts; to provide for powers under Chapter 14 of Title 10; to provide for certain license requirements prior to selling burial rights or merchandise; to provide for certain fees; to regulate the profession of cemeterians; 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 14 of Title 10 of the Official Code of Georgia Annotated, relating to cemetery and funeral services, is amended by striking paragraphs (2), (3), (27), and (35) of Code Section 10-14-3, relating to definitions, and inserting in their place new paragraphs (2), (3), (27), and (35) to read as follows: "(2) 'Board' means the State Board of Funeral Service Cemeterians as described and authorized in Chapter 18 8B of Title 43. (3) 'Burial merchandise,' 'funeral merchandise,' or 'merchandise' means any personal property offered or sold by any person for use in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains, including without limitation a mausoleum, cremation urn, cremation bench, cremation marker, or cremorial." "(27) 'Outer burial container' or 'vault' means an enclosure into which a casket is placed and includes, but is not limited to, containers made of concrete, steel, fiberglass, copper or other metals, polypropolene or other materials, sectional concrete enclosures, crypts, and wooden enclosures." (35) 'Secretary of State' means the Secretary of State of the State of Georgia, acting by and through the board." SECTION 2. 3488 JOURNAL OF THE HOUSE Said chapter is further amended in said Code Section 10-14-3, relating to definitions, by inserting a new paragraph to be designated paragraph (32.1) to read as follows: "(32.1) 'Principal' means a sum set aside or escrowed exclusive of income or interest or other return thereon." SECTION 3. Said chapter is further amended by striking paragraph (1) of subsection (d) of Code Section 10-14-7, relating to preneed escrow accounts, and inserting a new paragraph (1) and a new subsection to be designated subsection (e.1) to read as follows: "(d)(1) Funds may be released from the escrow account when the burial or funeral merchandise is delivered at the time of need or to the purchaser at the purchaser's request or, in the case of a monument, attached to realty, or at such times as described in the rules and regulations promulgated by the Secretary of State, not exceeding the lesser of 30 days from receipt of application for release or the time within which a preneed dealer is required by law to provide a refund to a purchaser. A preneed dealer is prohibited from requiring preneed delivery to the consumer as a condition of the sale. Outer burial containers may not be delivered prior to need. Deposits made from funds received in payment of preneed services shall remain in the escrow account until such services are performed, at which time said funds may be released to the preneed dealer. The trustee may require certification by the preneed dealer of delivery of merchandise or performance of services before release of funds." "(e.1) In the case of release of escrowed funds to a purchaser at the purchaser's request pursuant to paragraph (1) of subsection (d) of this Code section, a sum not less than the lesser of 10 percent of the escrowed amount or one-half of the interest earned upon such funds as of the date of release, as provided by the Secretary of State by rule or regulation, may be retained by the preneed dealer as administrative costs." SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 10-14-14, relating to administration of chapter and rules and regulations, and inserting in its place a new subsection (a) to read as follows: "(a) The administration of the provisions of this chapter shall be vested in the Secretary of State, who may delegate such of his or her powers and duties under this chapter to a subordinate of the office as he or she shall deem appropriate." SECTION 5. Said chapter is further amended by adding a new subsection (j) and by striking paragraph (7) of subsection (a), paragraph (2) of subsection (c), paragraph (2) of subsection (d), and subsection (h) of Code Section 10-14-17, relating to enumeration of prohibited acts, and inserting in their respective places the following: "(7) To sell, offer to sell, solicit offers to buy, or otherwise engage in the sale of funeral services if such person is not a licensed funeral director; or MONDAY, MARCH 13, 2006 3489 (7.1) To sell, offer to sell, solicit offers to buy, or otherwise engage in the sale of burial rights or burial merchandise if such person is not registered pursuant to the provisions of this chapter; or" "(2) Charge a fee for the installation of merchandise purchased or obtained from and to be installed by a person or firm other than the cemetery company or its agents, provided that the cemetery owner may charge a fee not to exceed $50.00 $150.00 to reimburse the cemetery owner for its actual reasonable costs incurred in handling a casket purchased from any person or firm other than the cemetery company, assisting in the siting of a monument on the lot on which it is to be installed, supervision and inspection of the installation to ensure compliance with the rules and regulations of the cemetery, and any administrative functions associated with the installation; provided, further, any such fee is properly disclosed and published as required by this chapter and charged regardless of whether the installer is or is not the cemetery owner or affiliated therewith;" "(2) Charges paid for transferring burial rights or burial or funeral merchandise from one purchaser to another; however, no such fee may exceed $50.00 $75.00 and such fee must have been disclosed in writing to the owner at the time of the initial purchase of the burial right from the cemetery;" "(h) The contract rights of any purchaser of preneed merchandise shall be freely transferable without fee except as provided in this chapter." "(j) The fees set forth in this Code section shall be annually adjusted to the rate of change in the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. The Secretary of State shall adopt such adjustments to the amount of said fees by rule." SECTION 6. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter to be designated Chapter 8B to read as follows: "CHAPTER 8B 43-8B-1. This chapter shall be known and may be cited as the 'Georgia Cemeterians Board Act.' 43-8B-2. As used in this chapter, the term: (1) 'Board' means the State Board of Cemeterians established by this chapter. (2) 'Cemeterian' means a person registered as a cemetery owner pursuant to Chapter 14 of Title 10. (3) 'Cemetery' means a cemetery as defined in Chapter 14 of Title 10. 3490 JOURNAL OF THE HOUSE 43-8B-3. The practice of the profession of a cemeterian, as defined in this chapter, is declared to be a business or profession affecting the public interest and involving the health and safety of the public. 43-8B-4. There shall be established in the Office of the Secretary of State the State Board of Cemeterians to be constituted as provided in this chapter with the powers, duties, and authority vested in such board by this chapter. 43-8B-5. (a) The board shall consist of six members who shall be practicing cemeterians with a minimum of five years of registration as such in this state immediately preceding their appointment and one member who shall have no connection whatsoever with the cemetery profession but who shall have a recognized interest in consumer affairs and in consumer protection concerns. No member of the board shall be a person licensed pursuant to the provisions of Chapter 18 of this title. (b) The members of the board shall be appointed by the Governor for terms of office of six years and all vacancies occurring on the board shall be filled by the Governor. When an appointment is made to fill a vacancy caused by death or resignation of a member, such appointment shall be for the remainder of the unexpired term of the member whose death or resignation caused the vacancy so filled. (c) A majority of the members of the board may remove any member who misses three or more consecutive regular meetings of the board without a medical reason and may declare that position on the board to be vacant. A member so removed shall not be eligible for reappointment until the expiration of the term of office for which such person was serving. The Governor shall have the power to remove from office any member of the board for willful neglect of duty or for conviction of a crime involving moral turpitude. 43-8B-6. (a) The board shall each year elect from its members a president whose term shall be one year and who shall serve during the period for which elected and until a successor shall be elected. (b) The board shall meet at least once in each year and more often as the proper and efficient discharge of its duties may require. (c) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (d) No board inspector shall own, operate, or be employed by any cemetery or perform any services on behalf thereof without prior approval by the board and the division director. However, this shall not prohibit any board member from acting as an inspector as authorized in this chapter. MONDAY, MARCH 13, 2006 3491 43-8B-7. For the purpose of better protection of life and health the board is authorized: (1) To fix and prescribe minimum standards of general appearance of cemeteries; (2) To undertake such other duties and to exercise such other powers as may from time to time be prescribed by law; (3) To adopt a common seal; and (4) To make and promulgate rules and regulations not inconsistent with the laws of this state for the regulation of such board and pursuant to the provisions of Chapter 14 of Title 10. All rules and regulations of the Secretary of State promulgated pursuant to the authority of Chapter 14 of Title 10 and existing immediately prior to July 1, 2006, which are not inconsistent with this chapter shall continue in effect until repealed, amended, or otherwise changed by the board." SECTION 7. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Sims of the 169th moves to amend the Committee substitute to HB 910 by striking lines 18 through 20 of page 1 and inserting in lieu thereof the following: memorialization, interment, entombment, or inurnment of human remains. By striking line 23 of page 1 and inserting in lieu thereof the following: or other metals, polypropolene materials, sectional concrete enclosures, crypts, By striking lines 16 and 17 of page 2 and inserting in lieu thereof the following: requiring preneed delivery to the consumer as a condition of the sale. Outer burial containers may not be delivered prior to need. Deposits made from funds received in By striking lines 32 through 33 of page 2 and inserting in lieu thereof the following: State, who may delegate such of his or her powers and duties under this chapter to a subordinate of the office as he or she shall deem appropriate. By striking line 7 of page 3 and inserting in lieu thereof the following: services or funeral merchandise if such person is not a licensed funeral director; or By striking lines 13 through 15 of page 3 and inserting in lieu thereof the following: 3492 JOURNAL OF THE HOUSE that the cemetery owner may charge a fee not to exceed $50.00 to reimburse the cemetery owner for its actual costs incurred in assisting in the siting of a By striking lines 23 and 24 of page 4 and inserting in lieu thereof the following: protection concerns. By striking line 26 of page 4 and inserting in lieu thereof the following: six years and all vacancies occurring on the board shall be filled by the Governor within 30 days after the occurrence thereof. When By striking line 8 of page 5 and inserting in lieu thereof the following: (b) The board shall meet at least quarterly each year and more often as the proper and. On the adoption of the amendment, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe N Barnard Y Barnes N Bearden E Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks N Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Channell Y Cheokas Y Coan N Crawford Y Cummings N Davis Y Day Dean N Dickson Dodson Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps Y Everson N Fleming Y Floyd, H E Floyd, J Y Fludd Forster Y Franklin N Freeman Y Gardner N Geisinger Golick N Graves, D N Graves, T Greene Hanner N Harbin Y Hatfield N Heard, J Y Hill, C.A Y Holmes Y Holt Horne Y Houston N Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins Jennings Johnson Jones, J Y Jones, S Y Jordan N Keen Y Keown Y Kidd N Knight Y Knox E Lakly Y Lane, B E Lane, R N Lewis N Lindsey Y Lord N Loudermilk Y Lucas Martin Y Maxwell N May Y McCall E McClinton N Meadows E Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Mosley N Mumford Y Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal Y Orrock Parham Parrish E Parsons Y Porter Y Powell N Ralston Y Randall Y Ray Y Reece, B N Reece, S Y Reese Y Sailor N Scheid Y Scott, A Y Scott, M N Setzler N Shaw Sheldon Y Sims, C Y Sims, F Y Sinkfield N Smith, B Y Smith, L Y Smith, P N Smith, R Y Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren N Watson Y Wilkinson Y Willard Y Williams, A MONDAY, MARCH 13, 2006 3493 N Cole Y Coleman, B Coleman, T Y Cooper N Cox Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C N Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Rice Y Roberts N Rogers Y Royal N Rynders Y Williams, E N Williams, R N Wix Y Yates Richardson, Speaker On the adoption of the amendment, the ayes were 102, nays 46. The amendment was adopted. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson N Ashe N Barnard Y Barnes Y Bearden E Beasley-Teague Benfield Y Benton N Black N Bordeaux N Borders Y Bridges N Brooks Y Brown 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 Channell Y Cheokas Coan Y Cole Y Coleman, B Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Y Dollar N Drenner Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming Y Floyd, H E Floyd, J N Fludd Y Forster N Franklin Y Freeman N Gardner Y Geisinger Golick Y Graves, D Y Graves, T Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hill, C.A N Holmes Y Holt Y Horne N Houston Y Howard, E Y Hudson Y Hugley N Jackson N Jacobs James N Jamieson Y Jenkins Jennings Johnson Jones, J Y Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox E Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Martin N Maxwell Y May Y McCall E McClinton Y Meadows E Millar Y Mills 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 Parrish E Parsons N Porter Powell Y Ralston Y Randall Y Ray N Reece, B Y Reece, S Y Reese N Rice Y Roberts Y Sailor Y Scheid Y Scott, A N Scott, M Y Setzler Y Shaw Sheldon Y 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 Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton N Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R 3494 JOURNAL OF THE HOUSE Coleman, T Y Cooper Y Cox Y Hembree Y Henson Y Hill, C Y Mangham Y Manning Y Marin Y Rogers Y Royal Y Rynders N Wix N Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 113, nays 37. 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. HB 931. By Representatives Willard of the 49th and Tumlin of the 38th: A BILL to be entitled an Act to amend Title 48 of the Official Code of 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. The following Committee substitute was read and adopted: A BILL To amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the penalty for failure to pay ad valorem taxes; to provide for the comprehensive revision of provisions regarding tax executions and redemption of property; to provide for procedures, conditions, and limitations regarding the transfer of tax executions; to change certain provisions relating to procedures for sales under tax levies and executions; to change provisions regarding payment of excess proceeds; to provide for requirements and procedures with respect to certain tax sales; to change certain provisions regarding redemption of property; to provide for additional circumstances under which real estate transfer tax is not due and payable; to change certain provisions relating to transfer of executions; to change certain provisions relating to the use of the county tax digest following certain orders of the state revenue commissioner so as to provide for circumstances when valuations on such digest shall be MONDAY, MARCH 13, 2006 3495 final; 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 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking Code Section 9-13-36, relating to transfer of execution upon payment, status of transferee, and recording necessary to preserve lien, in its entirety and inserting in its place the following: "9-13-36. (a) Except as otherwise provided for in subsection (b) of this Code section, whenever Whenever any person other than the person against whom the same has issued pays any execution, issued without the judgment of a court, under any law, the officer whose duty it is to enforce the execution, upon the request of the party paying the same, shall transfer the execution to the party. The transferee shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed before the transfer, provided that the transferee shall have the execution entered on the general execution docket of the superior court of the county in which the same was issued and, if the person against whom the same was issued resides in a different county, also in the county of such person's residence within 30 days from the transfer; in default thereof the execution shall lose its lien upon any property which has been transferred bona fide and for a valuable consideration before the recordation and without notice of the existence of the execution. (b) This Code section shall not be applicable to tax executions. Tax executions shall be governed exclusively by Chapters 3 and 4 of Title 48." SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-3-19, which is reserved, and inserting in its place a new Code Section 48-3-19 to read as follows: "48-3-19. (a) As used in this Code section, the term: (1) 'Delinquent taxpayer' means the person or persons against whom an execution has been issued or the successor in title to the property for which the execution has been issued. (2) 'Due diligence' means the performance of a diligent search to ascertain the actual location of a delinquent taxpayer. Actions appropriate to a diligent search may include, but are not limited to: sending notice by first-class mail, certified mail, or statutory overnight delivery, return receipt requested, as required by law; checking telephone directories; checking motor vehicle files; checking voter registration records; checking business license records; checking with mortgage holders or other 3496 JOURNAL OF THE HOUSE creditors; interviewing the tenant in possession; interviewing neighbors; or accessing a nation-wide, electronic research data warehouse. (3) 'Execution' means an execution issued for the collection of any ad valorem taxes, special assessments, fees, penalties, interest, or collection costs due the state or any political subdivision thereof. (4) 'Transferee' means a person paying for an execution for the purpose of having that execution and a limited right to enforce collection thereof transferred to him or her. (5) 'Transferor' means the official holding the tax executions and authorized to collect or transfer such tax executions. (b)(1) Whenever any person other than the person against whom an execution has been issued pays an execution issued for state, county, or municipal taxes or special assessments, the officer whose duty is to enforce the execution may, after 45 days delinquency, transfer the execution to the party so paying the full value of the execution. No officer whose duty it is to enforce an execution issued for state, county, or municipal taxes or special assessments shall be required to make any transfer or transfers of such execution or executions. The person to whom the execution is transferred shall, within 30 days of the transfer, cause the execution to be entered on the general execution docket of the superior court of the county in which the execution was issued. In default of the required entry or entries, the execution shall lose its lien upon any property which has been transferred in good faith and for a valuable consideration before the entry and without notice of the existence of the execution and additionally shall not be enforceable against any property of the defendant. (2)(A) It shall be unlawful for any tax official covered by this subsection to pay a tax execution in order to obtain a transfer of the execution under this Code section. It shall be unlawful for any employee of a tax official covered by this subsection to pay a tax execution in order to obtain a transfer of the execution under this Code section. The tax officials covered by this subsection are: (i) County tax receivers, tax collectors, and tax commissioners; (ii) Members of county boards of tax assessors; (iii) Members of county boards of equalization; and (iv) County tax appraisers. (B) Any execution transferred in violation of subparagraph (A) of this paragraph shall be void and unenforceable by the person obtaining the execution and such person's successors in interest. (C) Any tax official or employee of a tax official violating subparagraph (A) of this paragraph shall be guilty of a misdemeanor. (c) Upon request by any individual or entity, the tax commissioner shall provide such individual or entity the following statement: (A) The transferor's process of accepting a request for transfers and the process the transferor will use to award the executions; (B) The date and time that the transferor will accept a request for a transfer of executions; and MONDAY, MARCH 13, 2006 3497 (C) The system the transferor will use to award executions if there are competing requests. (d) A tax official who violates any of the requirements of this Code section may be enjoined by a court of competent jurisdiction from transferring or selling tax executions until found to be in compliance with such requirements and the injunction has been halted by subsequent order of the court. (e)(1) Within 60 days following the transfer, the transferee shall notify the delinquent taxpayer and any new owner, if in the records, of the transfer of the tax execution by first-class mail. The notice shall include: (A) The name, mailing address, and telephone number for the transferee; (B) The amount necessary to satisfy such execution; and (C) The delinquent taxpayer's right of redemption and other rights under this Code section. (2) In the event that any such notice by first-class mail is returned undelivered, the transferee shall be required to perform due diligence in an effort to obtain the delinquent taxpayer's correct address or any new owner's correct address and resend the notice by certified mail or statutory overnight delivery. (f) An execution which has been transferred shall bear interest as specified in Code Section 48-3-20 on the amount paid for such execution from the date of the transfer. In addition, the transferee may charge and collect recording fees actually expended in recording the transferred execution on the general execution docket of any county in which the transfer is recorded and such other penalties as are provided for in this title. (g)(1) Whenever an execution has been transferred to any transferee, the transferee shall not be authorized to submit the execution to the appropriate levying officer until 12 months after the date of such transfer or 24 months after the tax giving rise to the execution was originally due, whichever is earlier. A transferee shall not have the right to advertise and sell property under a tax execution. Such right shall remain solely with the appropriate levying official, such as the sheriff or marshal. (2) A transferee with multiple outstanding executions against the same property shall not be subject to the time period requirements of paragraph (1) of this subsection with respect to all such executions if at least one of the executions meets such requirements of paragraph (1) of this subsection. (h) Until the execution is paid in full or satisfied, on or before November 15 of each year after the calendar year in which the transfer occurred, the transferee shall send notice by regular mail to the delinquent taxpayer and the record owner of the property advising that the tax execution is still outstanding. The notice must provide the transferee's most updated contact information, including mailing address and telephone number. Under no circumstances may a transferee, or successor, at any time, charge any fee to the delinquent taxpayer intending to satisfy transferred executions for access to information necessary to make payment to satisfy the transferred execution or executions. (i)(1) A delinquent taxpayer may make payment for tax executions to the transferee or the tax commissioner of the county where such tax execution originated. However, 3498 JOURNAL OF THE HOUSE the tax commissioner may only accept payment in the amount equal to the total of the tax bill plus all applicable penalties and interest. (2) If a delinquent taxpayer makes payment to the tax commissioner, then the tax commissioner shall convey the payment to the transferee of record within three days. After the payment is conveyed, the tax commissioner shall issue a satisfaction of the tax execution to the delinquent taxpayer. (j) Prior to submitting an execution to the appropriate levying officer, such as the sheriff or marshal, to advertise and sell a property under a tax execution, a transferee shall send notice to the delinquent taxpayer of the property described on the execution, if different, by first-class mail, return receipt requested, of the transferee's intent to submit such execution to a levying officer. If such notice is returned undelivered, a transferee shall exercise due diligence in locating the delinquent taxpayer and send a second notice to the delinquent taxpayer of the property described on the execution, if different, by certified mail or statutory overnight delivery. (k) The transferee of the tax execution or any affiliate or other entity with common ownership to the transferee bringing the tax execution for levy and sale shall be excluded from bidding at the sale of property under the tax levy in an amount in excess of the amount necessary to satisfy the tax execution, with penalty and interest, and applicable levying costs, or the minimum bid set by the appropriate levying officer, whichever is greater. If a transferee violates this exclusion, the bid amount may be redeemed by any party with an interest in the property with no interest or penalty." SECTION 4. Said title is further amended by adding a new subsection at the end of Code Section 48-41, relating to procedures for sales under tax levies and executions, to be designated subsection (d), to read as follows: "(d)(1) As used in this subsection, the term: (A) 'Due diligence' means the performance of a diligent search to ascertain the actual identity and location of a delinquent taxpayer. Actions appropriate to a diligent search may include, but are not limited to: sending notice by first-class mail, certified mail, or statutory overnight delivery, return receipt requested, as required by law; checking telephone directories; checking motor vehicle files; checking voter registration records; checking business license records; checking with mortgage holders or other creditors; interviewing located relatives and neighbors adjacent to the property; or accessing a nation-wide, electronic research data warehouse. The manner and extent of a diligent search remains within the judgment and discretion of the officer conducting the levy and tax sales. (B) 'Posted notice' means the placement of an appropriate notice as required by law at a conspicuous location at the subject property of the delinquent taxpayer. Such notice shall be not less than 8.5 inches by 11 inches in size and shall be weatherproofed appropriately. (2) The officer conducting the levy and sale under a tax execution under this Code section shall exercise due diligence in locating the delinquent taxpayer and giving MONDAY, MARCH 13, 2006 3499 notice of the tax sale. In addition to the notice otherwise required under this Code section and at least ten days before the tax sale, the transferor, sheriff or marshal, tax commissioner, tax collector, or officer selling the property shall provide written notice personally to the tenant in possession, if present, or if not present, shall post the notice in a conspicuous location at the property which is the subject of the tax levy and sale which: (A) Shall contain the name and mailing address of the tax commissioner, tax collector, sheriff, or other officer to which payment shall be made and state the amount necessary to satisfy such execution or executions; (B) Shall advise the delinquent taxpayer where the payment necessary to satisfy such execution may be made; and (C) May contain such other information as the officer desires to include." SECTION 5. Said title is further amended by striking Code Section 48-4-5, relating to payment of excess proceeds of a tax sale by a tax commissioner or tax collector, and inserting in its place a new Code Section 48-4-5 to read as follows: "48-4-5. (a) If there is are any excess funds after paying taxes, costs, and all expenses of a sale, the tax commissioner or tax collector may file an interpleader action in superior court for the payment of the amount of such excess. Such excess shall be distributed by the superior court to intended parties, including the owner as their interest appears and in the order of priority in which their interest exists made by the tax commissioner, tax collector, or sheriff, or other officer holding excess funds, the officer selling the property shall give written notice of such excess funds to the record owner of the property at the time of the tax sale and to the record owner of each security deed affecting the property and to all other parties having any recorded equity interest or claim in such property at the time of the tax sale. Such notice shall be sent by firstclass mail within 30 days after the tax sale. The notice shall contain a description of the land sold, the date sold, the name and address of the tax sale purchaser, the total sale price, and the amount of excess funds collected and held by the tax commissioner, tax collector, sheriff, or other officer. The notice shall state that the excess funds are available for distribution to the owner or owners as their interests appear in the order of priority in which their interests exist. (b) The tax commissioner, tax collector, sheriff, or other officer may file, when deemed necessary, an interpleader action in superior court for the payment of the amount of such excess funds. Such excess funds shall be distributed by the superior court to the intended parties, including the owner, as their interests appear and in the order of priority in which their interests exist. The cost of litigation such an interpleader action, including reasonable attorney's fees, shall be paid from the excess funds upon order of the court. (c) After five years have elapsed from the tax sale date, the tax commissioner, tax collector, sheriff, or other officer holding excess funds shall pay over to the department 3500 JOURNAL OF THE HOUSE any excess unclaimed funds and for which no action or proceeding is pending in a claim for payment. Once excess funds are placed in the possession of the department, only a court order from an interpleader action filed in the county where the tax sale occurred, by the claimant for the funds, shall serve as justification for release of the funds." SECTION 6. Said title is further amended by striking Code Section 48-4-44, relating to quitclaim deeds by purchaser, and inserting in lieu thereof a new Code Section 48-4-44 to read as follows: "48-4-44. (a) In all cases where property is redeemed, the purchaser at the tax sale shall make a quitclaim deed to the defendant in fi. fa., which deed shall recite: (1) The name of the person who has paid the redemption money; and (2) The capacity in which or the claim of right or interest pursuant to which the redemption money was paid. (b) The recitals required by subsection (a) of this Code section shall be prima-facie evidence of the facts stated. (c) If the quitclaim deed provided for in subsection (a) of this Code section is presented to the purchaser at the time such person accepts such redemption money, the purchaser shall, at that time, sign the quitclaim deed if a notary public and an unofficial witness are present to witness such signature. (d) If no quitclaim deed is presented at the time of the redemption or if sufficient witnesses are not present, it shall be the responsibility of the purchaser to prepare and properly execute such quitclaim deed as is required by law within seven days from the date of the redemption. (e) It shall be the responsibility of the purchaser once the quitclaim deed is properly executed as required in subsection (d) of this Code section to present such deed for recordation to the clerk of the court within ten days of the redemption. The quitclaim deed shall be presented for recordation in the county where the tax sale originally occurred. The purchaser shall pay all recording costs and return the recorded quitclaim deed to the redeemer." SECTION 7. Said title is further amended in Code Section 48-4-45, relating to notice to foreclose right to redeem, by adding a new subsection immediately following subsection (c), to be designated subsection (d), to read as follows: "(d) The foreclosure of the right to redeem property acquired through a tax sale, as provided in this title, shall not divest the state or any county or municipality of its lien for taxes in any respect as against the property described on the execution or against any defendant." SECTION 8. MONDAY, MARCH 13, 2006 3501 Said title is further amended in Code Section 48-6-2, relating to exemptions from real estate transfer tax, by adding a new paragraph immediately following paragraph (8) of subsection (a), to be designated paragraph (8.1), to read as follows: "(8.1) Any deed that seeks to return any property sold at a tax sale back to the defendant in fi. fa.;" SECTION 9. This Act shall become effective on July 1, 2006. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson N Ashe Y Barnard Barnes N Bearden E Beasley-Teague Benfield Y Benton Y Black N Bordeaux N Borders Y Bridges N Brooks Y Brown Bruce N Bryant Y Buckner, D N Buckner, G N Burkhalter N Burmeister N Burns Y Butler N Byrd N Carter N Casas Y Chambers N Channell N Cheokas N Coan N Cole N Crawford Cummings Y Davis Y Day N Dean N Dickson Dodson N Dollar N Drenner N Dukes N Ehrhart Y England N Epps N Everson Y Fleming Floyd, H E Floyd, J N Fludd Y Forster Y Franklin Freeman N Gardner N Geisinger Golick N Graves, D Y Graves, T Greene Hanner N Harbin N Hatfield Y Heard, J N Heard, K Y Hill, C.A N Holmes Y Holt Y Horne N Houston N Howard, E Y Hudson Y Hugley N Jackson Y Jacobs James Y Jamieson N Jenkins Jennings Johnson N Jones, J N Jones, S N Jordan Y Keen Keown Y Kidd Y Knight N Knox E Lakly N Lane, B E Lane, R N Lewis Y Lindsey Lord Loudermilk N Lucas Lunsford N Martin Y Maxwell N May Y McCall E McClinton N Meadows E Millar N Mills N Mitchell N Morgan Y Morris N Mosby N Mosley Y Mumford N Murphy, J N Murphy, Q N Neal Y Oliver Y O'Neal N Orrock Parham N Parrish E Parsons Y Porter Powell Y Ralston N Randall Y Ray Y Reece, B N Reece, S Y Reese Y Rice N Sailor N Scheid N Scott, A Y Scott, M Y Setzler Shaw N Sheldon N Sims, C N Sims, F N Sinkfield N Smith, B N Smith, L Smith, P Y Smith, R Y Smith, T N Smith, V Y Smyre N Stanley-Turner Y Stephens Stephenson N Talton Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker E Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E 3502 JOURNAL OF THE HOUSE N Coleman, B Coleman, T Y Cooper N Cox Heckstall Y Hembree Henson N Hill, C Y Maddox N Mangham N Manning N Marin Y Roberts Y Rogers N Royal Rynders N Williams, R Y Wix N Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 57, nays 86. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Keen of the 179th moved that the House do now adjourn until 1:00 o'clock, tomorrow afternoon, and the motion prevailed. The Speaker announced the House adjourned until 1:00 o'clock, tomorrow afternoon. TUESDAY, MARCH 14, 2006 3503 Representative Hall, Atlanta, Georgia Tuesday, March 14, 2006 The House met pursuant to adjournment at 1:00 o'clock, P.M., this day and was called to order by the Speaker Pro Tem. The roll was called and the following Representatives answered to their names: E Abdul-Salaam Amerson E Anderson Bearden E Beasley-Teague Benfield Benton Black Borders Bridges Brooks Brown Bryant Buckner, D Burmeister Burns Butler Byrd Carter Casas Chambers Channell Cheokas Coleman, B Cooper Cox Crawford Cummings Davis Dickson E Dollar Drenner Ehrhart England Everson Fleming E Floyd, J Forster Franklin Freeman Gardner Geisinger Graves, D Graves, T Greene Hanner Harbin Hatfield Heard, J E Heckstall Hembree Hill, C Hill, C.A Holt Houston E Howard, E Hudson Jacobs E Jenkins Jennings Jones, J Jones, S Keen Keown Kidd Knight Knox Lakly E Lane, R Lewis Loudermilk Lucas Lunsford Maddox Mangham Manning Martin May E McClinton Meadows Millar Mills Mosley Mumford Murphy, J Murphy, Q Neal O'Neal Parham Parrish Parsons Powell Reece, B Reece, S Reese Rice Roberts Rogers Royal Scheid Scott, A Scott, M Setzler Shaw Sims, C Sims, F Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Stephens Talton Teilhet Thomas, A.M Thomas, B Tumlin E Warren Wilkinson Williams, A Williams, E E Williams, R Yates The following members were off the floor of the House when the roll was called: Representatives Ashe of the 56th, Barnard of the 166th, Bordeaux of the 162nd, Bruce of the 64th, Buckner of the 76th, Burkhalter of the 50th, Cole of the 125th, Coleman of the 144th, Dukes of the 150th, Epps of the 128th, Floyd of the 99th, Fludd of the 66th, Heard of the 114th, Henson of the 87th, Holmes of the 61st, Horne of the 71st, Hugley of the 133rd, Jackson of the 161st, James of the 135th, Jordan of the 77th, Lane of the 158th, Lindsey of the 54th, Lord of the 142nd, Marin of the 96th, Maxwell of the 17th, Mitchell of the 88th, Morris of the 155th, Mosby of the 90th, Oliver of the 83rd, Orrock of the 58th, Porter of the 143rd, Ralston of the 7th, Randall of the 138th, Ray of the 136th, Rynders of the 152nd, Sheldon of the 105th, Sinkfield of the 60th, Stanley-Turner of the 53rd, Stephenson of the 92nd, Walker of the 107th, Watson of the 91st, Willard of the 49th, and Wix of the 33rd. 3504 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by the Reverend Bruce Hamrick, Senior Pastor, Life's Hope Baptist Church, Powder Springs, Georgia. The members pledged allegiance to the flag. Representative Heard of the 104th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 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 1610. By Representatives England of the 108th and Benton of the 31st: A BILL to be entitled an Act to amend an Act reincorporating the City of Winder, Georgia, in the County of Barrow, approved March 25, 1974 (Ga. L. 1974, p. 3476), as amended, so as to annex certain territory into the City of Winder and thereby change the corporate limits of such city; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. TUESDAY, MARCH 14, 2006 3505 HB 1611. By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st: A BILL to be entitled an Act to amend an Act creating a board of elections and registration for Catoosa County, approved March 22, 1990 (Ga. L. 1990, p. 4371), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4251), so as to correct the terms of office of members of the board; to correct a typographical error; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1612. By Representatives Forster of the 3rd and Neal of the 1st: 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 provide for a limit on the number of terms which members of such board may serve; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1613. By Representatives Murphy of the 23rd, Knox of the 24th and Amerson of the 9th: A BILL to be entitled an Act to amend an Act creating the State Court of Forsyth County, approved April 15, 1996 (Ga. L. 1996, p. 4558), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5579), so as to change the compensation of the judges of the State Court of Forsyth County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1614. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4466), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. 3506 JOURNAL OF THE HOUSE HB 1615. By Representatives Buckner of the 76th, Dodson of the 75th, Jordan of the 77th, Abdul-Salaam of the 74th and Sinkfield of the 60th: A BILL to be entitled an Act to establish the "Clayton County Commission on Children and Youth"; to provide for matters relative thereto; to provide an effective date; to provide for automatic repeal of this Act; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1616. By Representatives Scott of the 2nd and Neal of the 1st: A BILL to be entitled an Act to provide a homestead exemption from Walker County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead after a threeyear phase in period for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1617. By Representatives Buckner of the 76th, Dodson of the 75th, Jordan of the 77th, Abdul-Salaam of the 74th, Sinkfield of the 60th and others: A BILL to be entitled an Act to create a Heritage Trail Commission for Clayton County and to provide for its powers and duties; to provide for the composition of the commission and the selection and appointment of members; to provide for meetings, procedures, and operational bylaws; to provide for findings; to provide for automatic repeal; to provide for dissolution; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1618. By Representatives Oliver of the 83rd, Benfield of the 85th, Chambers of the 81st, Jacobs of the 80th, Jennings of the 82nd and others: A BILL to be entitled an Act to amend an Act so as to remove ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," approved April 12, 1982 (Ga. L. 1982, p. 4396), as amended, TUESDAY, MARCH 14, 2006 3507 so as to remove ad valorem taxes for district services for all districts; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 1794. By Representatives Houston of the 170th, Harbin of the 118th, Burkhalter of the 50th and Jones of the 46th: A RESOLUTION creating the House Study Committee on Court Surcharges and Additional Fines; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HR 1795. By Representatives Drenner of the 86th, Cooper of the 41st, Manning of the 32nd, Lord of the 142nd, Benfield of the 85th and others: A RESOLUTION creating the House Study Committee on Tanning Salon Consumer Protection; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HR 1797. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Heckstall of the 62nd, Buckner of the 76th, Sinkfield of the 60th and others: A RESOLUTION urging the State Board of Technical and Adult Education and the Department of Technical and Adult Education to establish a technical college in Riverdale, Georgia; and for other purposes. Referred to the Committee on Higher Education. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1600 HB 1601 HB 1602 HB 1603 HB 1604 HB 1607 HB 1608 HB 1609 HR 1734 HR 1777 SB 177 SB 334 SB 420 SB 480 SB 495 SB 503 SB 570 SB 573 SB 592 SB 606 3508 JOURNAL OF THE HOUSE HR 1778 HR 1789 HR 1790 HR 1791 SB 615 SR 793 SR 954 SR 955 The Speaker assumed the Chair. 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 and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1583 HB 1584 HB 1586 HB 1591 HB 1594 HB 1597 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HR 1695 HR 1696 HR 1697 SB 299 SB 387 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 14, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 31st Legislative Day as enumerated below: DEBATE CALENDAR Open Rule SB 381 State Flags; qualifying public safety officers killed in the line of duty; honor service (PF) TUESDAY, MARCH 14, 2006 3509 SB 436 Technical/Adult Education, State Board of; meetings; change provisions 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 and Resolutions of the House and Senate were taken up for consideration and read the third time: HB 1583. By Representative Sims of the 169th: A BILL to be entitled an Act to provide for the employment of marshals in Coffee County; to provide for the appointment, duties, and term of such marshals; 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 1584. By Representatives Smith of the 113th and Holt of the 112th: A BILL to be entitled an Act to create the Morgan 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 3510 JOURNAL OF THE HOUSE for revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for liberal construction; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1586. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Brunswick, approved April 4, 1991 (Ga. L. 1991, p. 3911), as amended, so as to change certain provisions relating to nomination of candidates; to provide for submission 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 1591. By Representatives Hill of the 21st, Byrd of the 20th and Murphy of the 23rd: A BILL to be entitled an Act to authorize the City of Ball Ground 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 1594. By Representatives Greene of the 149th and Hanner of the 148th: A BILL to be entitled an Act to create the Lower Chattahoochee Regional Airport 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 TUESDAY, MARCH 14, 2006 3511 vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for succession in interest to the Cuthbert-Randolph Airport Authority; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; 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 an effective date; to repeal a certain 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 1597. By Representatives Anderson of the 123rd, Lord of the 142nd and Burns of the 157th: A BILL to be entitled an Act to amend an Act providing for the election of the members of the board of education of Burke County, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, particularly by an Act approved April 6, 1996 (Ga. L. 1996, p. 3944), so as to change certain provisions regarding the compensation and expense allowance 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. HR 1695. By Representatives Drenner of the 86th, Henson of the 87th, Gardner of the 57th, Watson of the 91st, Benfield of the 85th and others: A RESOLUTION commending DeKalb County, its commissioners, and citizens for adopting and implementing a 75 foot stream buffer protection as part of the environmental protection section of DeKalb County's Land Development Ordinance; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. HR 1696. By Representatives Chambers of the 81st and Jacobs of the 80th: A RESOLUTION expressing support for the process of the City of Chamblee's proposal for annexation of neighboring communities; and for other purposes. 3512 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. HR 1697. By Representatives Chambers of the 81st and Jacobs of the 80th: A RESOLUTION expressing support for the process of the City of Doraville's proposal for annexation of neighboring communities; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. SB 299. By Senator Goggans of the 7th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Patterson in the County of Pierce, approved April 9, 1981 (Ga. L. 1981, p. 4545), as amended, so as to reduce the number of members of the city council from six to five members; to provide for the time and manner of election of the mayor and council; to provide for the terms of the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 387. By Senator Butler of the 55th: A BILL to be entitled an Act to provide for a homestead exemption from City of Clarkston ad valorem taxes for municipal purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that city 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. By unanimous consent, the following roll call vote was made applicable to the previously read Bills and Resolutions. On the passage of the Bills, and on the adoption of the Resolutions, the roll call was ordered and the vote was as follows: TUESDAY, MARCH 14, 2006 3513 E Abdul-Salaam Y Amerson E Anderson Ashe Y Barnard Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks E Brown Y 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 Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Cox Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson E Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Freeman Y Gardner Y Geisinger Golick Y Graves, D E Graves, T Y Greene Y Hanner Y Harbin Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Holmes Holt Y Horne Y Houston E Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y James Jamieson E Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Knox Y Lakly Y Lane, B E Lane, R Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Maxwell Y May McCall E McClinton Y Meadows Millar Y Mills Mitchell Morgan Y Morris Y Mosby Y Mosley 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 Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Rogers E Royal Y Rynders Y Sailor Y Scheid Y Scott, A E Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T 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 E 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, and on the adoption of the Resolutions, the ayes were 135, nays 0. The Bills, having received the requisite constitutional majority, were passed, and the Resolutions, having received the requisite constitutional majority, were adopted. Representatives Burns of the 157th, Cox of the 102nd, 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 message was received from the Senate through Mr. Ewing, the Secretary thereof: 3514 JOURNAL OF THE HOUSE Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 101. By Senators Wiles of the 37th, Harp of the 29th, Reed of the 35th and Weber of the 40th: A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for requests that a hearing, trial, or other proceeding be held before an elected judge of the superior or state court, as the case may be; to provide for a definition; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 191. 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 for expedited review of certain applications for permits or variances performed by qualified professionals under contract with the division for such purpose; to repeal conflicting laws; and for other purposes SB 223. By Senators Harbison of the 15th, Johnson of the 1st and Brown of the 26th: A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide for the development and implementation of a state-wide first responder building mapping information system; to provide legislative findings and declarations; to provide for definitions; to provide for grants to local governments; to provide for rules and regulations; to provide for immunity; to repeal conflicting laws; and for other purposes. SB 248. By Senator Thomas of the 2nd: A BILL to be entitled an Act to amend Chapter 15 of Title 34 of the Official Code of Georgia Annotated, relating to transfer of Division of Rehabilitation Services to Department of Labor, so as to provide for the delivery of certain services and techniques to deaf-blind individuals by an organization TUESDAY, MARCH 14, 2006 3515 knowledgeable on deaf-blind issues; to provide that the division integrates the services and techniques into its standard practices and procedures; to provide for a time frame to retain the services of an organization to provide services and techniques to deaf-blind individuals and training on such services and techniques; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 306. By Senators Hamrick of the 30th and Harp of the 29th: A BILL to be entitled an Act to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospital and nursing home liens, so as to change notice and filing provisions with respect to certain liens; to change a provision relating to the effect of release or covenant not to sue on hospitals and other medical provider liens; to change a provision relating to the effect of this part on a settlement or release entered into before entry into a hospital, nursing home, or traumatic burn care medical facility; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 402. By Senators Jones of the 10th, Douglas of the 17th, Hill of the 4th, Adelman of the 42nd, Meyer von Bremen of the 12th 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 special license plates for certain persons and vehicles, so as to create a free distinctive license plate for recipients of the Bronze Star; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 422. By Senators Unterman of the 45th, Harp of the 29th, Butler of the 55th, Balfour of the 9th and Shafer of the 48th: 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 definitions; to provide for the scope of practice; to increase the penalty for improper practice; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 431. By Senators Whitehead, Sr. of the 24th, Stephens of the 27th, Williams of the 19th, Pearson of the 51st, Heath of the 31st and others: A BILL to be entitled an Act to amend Part 1 of Article 6 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the authority of the Department of Transportation to order the removal and relocation of utility facilities occupying any part of the public road system, so as to provide that a 3516 JOURNAL OF THE HOUSE utility that fails to remove or relocate a facility in a timely manner shall be responsible to the department and its contractors for failure to comply; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 483. By Senators Seay of the 34th, Whitehead, Sr. of the 24th, Zamarripa of the 36th, Reed of the 35th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to public roads generally, so as to provide that the Department of Transportation shall conduct a study of each county to identify road corridors along which synchronized traffic signals would significantly improve the flow of traffic; to provide for a certain report; to repeal conflicting laws; and for other purposes. SB 491. By Senators Schaefer of the 50th, Grant of the 25th, Douglas of the 17th and Balfour of the 9th: A BILL to be entitled an Act to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a person convicted of driving under the influence of drugs, alcohol, or other intoxicating substances on the fifth or subsequent offense shall be guilty of a felony; to prescribe the punishment therefor; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. SB 541. By Senators Hill of the 32nd, Pearson of the 51st, Staton of the 18th and Chance of the 16th: A BILL to be entitled an Act to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems protection, so as to provide that no person shall transmit to an electronic address in Georgia any message that contains advertising material for viewing, use, consumption, sale, lease, or rental only by persons over 18 years of age unless the first eight characters of the subject line are "ADV:ADLT"; to provide for penalties; to provide for civil actions; to provide for damages; to repeal conflicting laws; and for other purposes. SB 550. By Senators Thomas of the 54th, Johnson of the 1st, Balfour of the 9th, Meyer von Bremen of the 12th, Hamrick of the 30th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide TUESDAY, MARCH 14, 2006 3517 for a collection and recovery program for mercury switches removed from end-of-life vehicles in this state; to provide a short title; to provide for legislative purpose; to define certain terms; to provide for mercury minimization plans; to provide for review and approval of such plans; to provide for removal of mercury switches in accordance with such plans; to provide for reports; to provide for rules and regulations; to provide for penalties and enforcement; to repeal conflicting laws; and for other purposes. SB 565. By Senators Staton of the 18th, Unterman of the 45th, Schaefer of the 50th, Chance of the 16th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to establish the Georgia Trauma Care Network Commission; to provide for its composition, membership, duties, and responsibilities; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 572. By Senators Goggans of the 7th, Stephens of the 27th, Williams of the 19th, Douglas of the 17th, Pearson of the 51st and others: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to establish and define a crime of medical assistance managed care fraud; to change certain provisions relating to administrative hearings and appeals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 574. By Senators Bulloch of the 11th, Tolleson of the 20th, Carter of the 13th and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to provide that no municipal corporation shall be incorporated which has the same name as an existing municipal corporation or a name which is confusingly similar to that of an existing municipal corporation; to provide for certification of compliance; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 578. By Senators Whitehead, Sr. of the 24th, Cagle of the 49th, Hudgens of the 47th, Tolleson of the 20th and Stephens of the 27th: A BILL to be entitled an Act to amend Chapter 15 of Title 12 of the O.C.G.A., relating to sewage holding tanks, and Chapter 2 of Title 31 of the O.C.G.A., 3518 JOURNAL OF THE HOUSE relating to the Department of Human Resources, so as to provide that a commercial waste tank truck receiving or disposing of commercial waste may be inspected and permitted annually pursuant to rules and regulations promulgated by the Department of Human Resources; to provide for certain provisions allowing for the satisfaction of Title 12 inspection requirements by inspections required in Title 31; to provide for certain provisions allowing for the satisfaction of Title 31 inspection requirements by inspections required in Title 12; to provide that inspections satisfied in one county or municipality in the state shall be accepted throughout the state; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 582. By Senators Pearson of the 51st, Cagle of the 49th, Schaefer of the 50th, Rogers of the 21st, Douglas of the 17th 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 students who have completed a home study program who apply for admission to member institutions of the University System of Georgia as an undergraduate student and who meet certain criteria shall be considered for admission under the same basis; to authorize the board of regents to promulgate rules and regulations regarding such admissions; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. SB 583. By Senators Hamrick of the 30th and Shafer of the 48th: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions for criminal trials, so as to provide a method for the waiver of the right to trial by jury in a criminal case; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. SB 585. By Senators Shafer of the 48th, Moody of the 56th and Balfour of the 9th: A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 9 of the O.C.G.A., relating to parties in execution, so as to provide that executions for ad valorem property taxes or assessments shall be governed exclusively by Title 48; to amend Chapter 3 of Title 48 of the O.C.G.A., relating to tax executions, so as to define certain terms; to provide for the purchase of tax executions and the transfer of rights; to provide for the termination of such right; to provide for collection; to provide for notice; to provide for a right of satisfaction; to provide for interest and fees; to provide for notice in the event TUESDAY, MARCH 14, 2006 3519 certain information is unavailable; to provide that certain officials and their employees shall not have the right to purchase tax executions; to provide a penalty; to provide for applicability; to repeal conflicting laws; and for other purposes. SB 588. By Senators Rogers of the 21st, Shafer of the 48th and Staton of the 18th: 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, relating to fair business practices, so as to prohibit the use or display of social security numbers except in specified circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 594. By Senators Meyer von Bremen of the 12th, Golden of the 8th, Thompson of the 5th, Brown of the 26th and Reed of the 35th: A BILL to be entitled an Act to amend Code Section 20-2-157 of the Official Code of Georgia Annotated, relating to the uniform reporting system for certain purposes, so as to provide for weighting of grades for honors, advanced placement, and international baccalaureate courses for purposes of determining eligibility for postsecondary scholarships, grants, or loans; to provide for the establishment of minimum state-wide standards for honors courses; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 596. By Senators Shafer of the 48th, Cagle of the 49th, Carter of the 13th, Kemp of the 46th, Whitehead, Sr. of the 24th and others: A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to provide a short title; to provide legislative intent and findings; to provide definitions; to create the Newborn Umbilical Cord Blood Bank for postnatal tissue and fluid; to provide for donations and information concerning donations; to provide for certain procedures and costs and fees associated with such bank; to provide for the creation of the Georgia Commission for the Newborn Umbilical Cord Blood Initiative and the membership, appointment, terms of office, and duties of such commission; to provide for certain funding mechanisms; to prohibit human cloning; to provide for civil and criminal penalties; to provide for related matters; to amend Article 3 of Chapter 7 of Title 48 of the O.C.G.A., 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 an effective date and for applicability; to repeal conflicting laws; and for other purposes. 3520 JOURNAL OF THE HOUSE SB 597. By Senators Pearson of the 51st, Balfour of the 9th, Cagle of the 49th, Powell of the 23rd, Schaefer of the 50th and others: A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and tax appeal procedures, so as to change certain provisions regarding recovery of certain appeal costs by a taxpayer; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. SB 603. By Senators Thomas of the 54th, Goggans of the 7th, Balfour of the 9th, Williams of the 19th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Code Section 16-13-21 of the O.C.G.A., relating to definitions relative to regulation of controlled substances, so as to revise the definition of "practitioner"; to amend Chapter 26 of Title 43 of the O.C.G.A., relating to nurses, so as to provide for a definition; to provide for enactment of rules and regulations affecting advanced practice registered nurses; to amend Article 2 of Chapter 34 of Title 43 of the O.C.G.A., relating to the physicians, so as to provide for a physician to delegate certain medical acts to allow an advanced practice registered nurse to issue prescription drug orders and provide professional samples, order diagnostic studies, medical devices, and in certain life-threatening situations to order radiographic imaging; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 604. By Senators Harp of the 29th, Tolleson of the 20th and Harbison of the 15th: A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to current use assessment for bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report, so as to change certain provisions relating to buffers adjacent to rivers or perennial streams; to provide for current use assessment for certain undeveloped land areas within buffer zones established by law or local ordinance adjacent to rivers, perennial streams, or reservoirs; to provide for exemptions from certain covenant and penalty provisions; to provide for loss current use assessment in certain circumstances; to provide an effective date; to provide for applicability; to provide for to repeal conflicting laws; and for other purposes. SB 610. By Senators Moody of the 56th, Balfour of the 9th, Starr of the 44th, Thomas of the 54th and Chance of the 16th: TUESDAY, MARCH 14, 2006 3521 A BILL to be entitled an Act to amend Code Section 20-2-2065 of the Official Code of Georgia Annotated, relating to waiver of provisions of Title 20 for charter schools, requirements for operating charter schools, and the control and management of charter schools, so as to provide that nothing shall preclude the use of computer and Internet based instruction for students in a virtual or remote setting; to provide for related matters; to repeal conflicting laws; and for other purposes SB 613. By Senators Bulloch of the 11th, Kemp of the 46th, Hudgens of the 47th, Tarver of the 22nd and Henson of the 41st: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to farmers markets, so as to change certain provisions relating to authority of the Commissioner of Agriculture to provide for safety and security at farmers markets; to provide for law enforcement on the premises of farmer's markets; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 618. By Senator Moody of the 56th: A BILL to be entitled an Act to amend Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the short title and purpose of the "Quality Basic Education Act," so as to change certain provisions relating to eligibility of enrollment for children in the custody of the Department of Juvenile Justice or the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 619. By Senators Tolleson of the 20th, Bulloch of the 11th, Harp of the 29th and Hudgens of the 47th: 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 programs for persons with brain-related disorders and disabilities; to provide for a portion of the revenue to go to Pilot International; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. SB 620. By Senator Carter of the 13th: A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official 3522 JOURNAL OF THE HOUSE Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for the imposition of fee by motor vehicle rental companies with respect to certain motor vehicle fees and taxes; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for applicability of sales and use taxation with respect to such fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 622. By Senators Tarver of the 22nd and Whitehead, Sr. of the 24th: A BILL to be entitled an Act to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospital acquisition, so as to change certain provisions relating to notice of acquisition to the Attorney General; to change certain provisions relating to content and form of notice to the Attorney General, fees, and retention of experts; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 624. By Senators Seabaugh of the 28th, Chance of the 16th, Harp of the 29th, Staton of the 18th, Seay of the 34th and others: A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of judges of superior court, so as to provide for a sixth judge of the superior courts of the Coweta Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of such judge; to prescribe the compensation, salary, and expense allowance of such judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of such circuit to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to declare inherent authority; to repeal conflicting laws; and for other purposes. SB 636. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in such code or other laws of the state, so as to define the term biodiesel fuel; to repeal conflicting laws; and for other purposes. SB 637. By Senator Smith of the 52nd: A BILL to be entitled an Act to amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to "Joshua's Law," so as to change the membership of the Georgia Driver's Education Commission; to TUESDAY, MARCH 14, 2006 3523 repeal Section 1 of an Act approved May 10, 2005 (Ga. L. 2005, p. 1461), so as to repeal a priority concerning a certain distribution of fines and forfeitures; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 638. By Senators Chance of the 16th, Douglas of the 17th, Stephens of the 27th and Carter of the 13th: A BILL to be entitled an Act to amend Code Section 44-14-518 of the Official Code of Georgia Annotated, relating to liens on aircraft for labor and materials and for contracts of indemnity, so as to provide for filing a notice of intention to claim a lien with the clerk of the superior court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 644. By Senators Hudgens of the 47th and Kemp of the 46th: A BILL to be entitled an Act to provide for the compensation of the members and chairperson of the board of education of Madison County; to provide for procedures relative to such increase in compensation; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 648. By Senators Cagle of the 49th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide that the Department of Community Health shall establish a comprehensive program to monitor for and detect the provision of medical assistance benefits to ineligible individuals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 652. By Senator Thompson of the 33rd: A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Austell in Cobb and Douglas counties, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended, so as to revise the districts for the election of members of the city council; to provide for definitions and inclusions; to provide for manner 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. 3524 JOURNAL OF THE HOUSE HB 491. By Representative Jenkins of the 8th: A BILL to be entitled an Act to amend an Act to create the office of Commissioner of Towns County, approved March 14, 1984 (Ga. L. 1984, p. 4130), as amended, so as to reconstitute the board of commissioners of Towns County and revise and restate the law relating to the board; to provide for continuation in office of the present sole county commissioner; to provide for election of the five-member board of commissioners upon a vacancy in the office of sole commissioner; to provide for exercise of the power of the sole commissioner by the judge of the probate court until the vacancy is filled; to provide for the establishment of commissioner districts; to provide for the election and terms of office for subsequent members; to provide for filling vacancies; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes. HB 1161. By Representatives Greene of the 149th and Hanner of the 148th: A BILL to be entitled an Act to create the Southwest Georgia Technology Authority, so as to provide for communication systems projects in Clay, Quitman, Randolph, and Stewart counties; to provide for a short title; to provide for definitions; to provide for membership; to provide for a governing board and its terms, organization, vacancies, and meetings; to provide for the powers and duties of the authority; to provide for services, procurement, and bonding; to provide for revenue bonds and their form, interest rates, denominations, payment, signatures, negotiability, exemption from taxation, sale, proceeds, interim bonds, and replacement; to provide for conditions for issuance of bonds and that they will not constitute certain debts; to provide for trust indentures, sinking fund, and payment of proceeds; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1414. By Representatives Holt of the 112th, Mumford of the 95th and Lunsford of the 110th: A BILL to be entitled an Act to authorize Newton County to exercise all redevelopment and other powers except for condemnation and eminent domain 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. TUESDAY, MARCH 14, 2006 3525 HB 1415. By Representatives Holt of the 112th, Mumford of the 95th and Lunsford of the 110th: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Newton County; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes. HB 1434. By Representative Mills of the 25th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, particularly by an ordinance filed with the Secretary of State on February 17, 2005 (Ga. L. 2005, p. 4274), so as to change the powers and duties of the mayor; to provide for a city manager; to provide for the appointment of a city clerk; to provide for the appointment of a city attorney; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1469. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Willacoochee, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3039), as amended, so as to authorize the mayor and aldermen to impose a gross receipts tax; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1478. By Representative Bridges of the 10th: A BILL to be entitled an Act to provide a new charter for the City of Demorest; 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 3526 JOURNAL OF THE HOUSE 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 repeal an Act granting a new charter to the City of Demorest, approved August 15, 1917 (Ga. L. 1917, p. 656), as amended; to repeal conflicting laws; and for other purposes. HB 1515. By Representatives Lane of the 167th, Keen of the 179th and Hill of the 180th: A BILL to be entitled an Act to provide for the creation of a community improvement district in Glynn County; to provide for a short title; to provide for the purposes of said district; to provide for definitions; to provide for a board to administer said district; to provide for the appointment and election of members of said board; to provide for taxes, fees, and assessments; to provide for the boundaries of said district; to provide for debt of said district other than bonded indebtedness; to provide for cooperation with local governments; to provide for powers of said board; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes. The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate: SR 126. By Senator Thomas of the 54th: A RESOLUTION honoring the memory of Clint H. Bryant and designating the bridge by which SR 2 crosses over the Conasauga River at Beaverdale as the Clint H. Bryant Memorial Bridge; and for other purposes. SR 374. By Senator Schaefer of the 50th: A RESOLUTION commending Roger Caudell and dedicating the "Roger Caudell Highway"; and for other purposes. SR 804. By Senators Moody of the 56th and Shafer of the 48th: A RESOLUTION to create the North Fulton Boundary Commission; and for other purposes. TUESDAY, MARCH 14, 2006 3527 SR 817. By Senators Shafer of the 48th, Cagle of the 49th, Rogers of the 21st, Schaefer of the 50th, Pearson of the 51st and others: A RESOLUTION proposing an amendment to the Constitution so as to restrict amendments that increase appropriations made by the general appropriations Act; to provide for a short title; to provide for the submission of this amendment for ratification or rejection; and for other purposes. SR 853. By Senators Hill of the 32nd, Unterman of the 45th, Tate of the 38th, Thomas of the 54th and Goggans of the 7th: A RESOLUTION creating the Hospital Health Care Standards Commission; and for other purposes. SR 873. By Senators Stoner of the 6th, Wiles of the 37th, Hill of the 32nd, Rogers of the 21st and Thompson of the 33rd: A RESOLUTION commending the accomplishments of Emory Parrish and dedicating the Emory Parrish Interchange; and for other purposes. SR 1028. By Senator Thompson of the 33rd: A RESOLUTION honoring the life of Dr. Luke Glenn Garrett, Jr., and dedicating the Dr. Luke Glenn Garrett, Jr. Memorial Highway in his memory; and for other purposes. SR 1034. By Senator Goggans of the 7th: A RESOLUTION celebrating the life of SGT Mathew Vincent Gibbs and dedicating the SGT Mathew Vincent Gibbs Memorial Bridge; and for other purposes. SR 1081. By Senators Seabaugh of the 28th, Balfour of the 9th, Hill of the 32nd, Shafer of the 48th and Goggans of the 7th: A RESOLUTION creating the Georgia Broadband Education Task Force; and for other purposes. SR 1085. By Senators Cagle of the 49th and Hill of the 32nd: A RESOLUTION proposing an amendment to the Constitution so as to provide for a retirement income exclusion of $50,000.00 for taxpayers 62 years of age or older and a complete income exclusion for taxpayers 65 years 3528 JOURNAL OF THE HOUSE of age or older; to provide for the submission of this amendment for ratification or rejection; and for other purposes. SR 1093. By Senator Grant of the 25th: A RESOLUTION celebrating the life of Durward D. (Red) Murphy and dedicating the Durward D. (Red) Murphy Memorial Bridge; and for other purposes. SR 1094. By Senator Grant of the 25th: A RESOLUTION celebrating the life of Charles S. (Buddy) Cowan, Jr., and dedicating the Charles S. (Buddy) Cowan, Jr. Memorial Bridge; and for other purposes. SR 1104. By Senators Harp of the 29th and Tolleson of the 20th: A RESOLUTION proposing an amendment to the Constitution so as to authorize an exemption from the covenant requirement for bona fide conservation use property as to stream buffer areas for purposes of current use assessment for ad valorem taxation; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees: SB 101. By Senators Wiles of the 37th, Harp of the 29th, Reed of the 35th and Weber of the 40th: A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for requests that a hearing, trial, or other proceeding be held before an elected judge of the superior or state court, as the case may be; to provide for a definition; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 191. By Senators Tolleson of the 20th, Bulloch of the 11th, Johnson of the 1st and Pearson of the 51st: TUESDAY, MARCH 14, 2006 3529 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 for expedited review of certain applications for permits or variances performed by qualified professionals under contract with the division for such purpose; to repeal conflicting laws; and for other purposes Referred to the Committee on Natural Resources & Environment. SB 223. By Senators Harbison of the 15th, Johnson of the 1st and Brown of the 26th: A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide for the development and implementation of a state-wide first responder building mapping information system; to provide legislative findings and declarations; to provide for definitions; to provide for grants to local governments; to provide for rules and regulations; to provide for immunity; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety. SB 248. By Senator Thomas of the 2nd: A BILL to be entitled an Act to amend Chapter 15 of Title 34 of the Official Code of Georgia Annotated, relating to transfer of Division of Rehabilitation Services to Department of Labor, so as to provide for the delivery of certain services and techniques to deaf-blind individuals by an organization knowledgeable on deaf-blind issues; to provide that the division integrates the services and techniques into its standard practices and procedures; to provide for a time frame to retain the services of an organization to provide services and techniques to deaf-blind individuals and training on such services and techniques; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. SB 306. By Senators Hamrick of the 30th and Harp of the 29th: A BILL to be entitled an Act to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospital and nursing home liens, so as to change notice and filing provisions with respect 3530 JOURNAL OF THE HOUSE to certain liens; to change a provision relating to the effect of release or covenant not to sue on hospitals and other medical provider liens; to change a provision relating to the effect of this part on a settlement or release entered into before entry into a hospital, nursing home, or traumatic burn care medical facility; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 402. By Senators Jones of the 10th, Douglas of the 17th, Hill of the 4th, Adelman of the 42nd, Meyer von Bremen of the 12th 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 special license plates for certain persons and vehicles, so as to create a free distinctive license plate for recipients of the Bronze Star; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. SB 422. By Senators Unterman of the 45th, Harp of the 29th, Butler of the 55th, Balfour of the 9th and Shafer of the 48th: 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 definitions; to provide for the scope of practice; to increase the penalty for improper practice; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. SB 431. By Senators Whitehead, Sr. of the 24th, Stephens of the 27th, Williams of the 19th, Pearson of the 51st, Heath of the 31st and others: A BILL to be entitled an Act to amend Part 1 of Article 6 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the authority of the Department of Transportation to order the removal and relocation of utility facilities occupying any part of the public road system, so as to provide that a utility that fails to remove or relocate a facility in a timely manner shall be responsible to the department and its contractors for failure to comply; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 14, 2006 3531 Referred to the Committee on Transportation. SB 483. By Senators Seay of the 34th, Whitehead, Sr. of the 24th, Zamarripa of the 36th, Reed of the 35th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to public roads generally, so as to provide that the Department of Transportation shall conduct a study of each county to identify road corridors along which synchronized traffic signals would significantly improve the flow of traffic; to provide for a certain report; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. SB 491. By Senators Schaefer of the 50th, Grant of the 25th, Douglas of the 17th and Balfour of the 9th: A BILL to be entitled an Act to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a person convicted of driving under the influence of drugs, alcohol, or other intoxicating substances on the fifth or subsequent offense shall be guilty of a felony; to prescribe the punishment therefor; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 541. By Senators Hill of the 32nd, Pearson of the 51st, Staton of the 18th and Chance of the 16th: A BILL to be entitled an Act to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems protection, so as to provide that no person shall transmit to an electronic address in Georgia any message that contains advertising material for viewing, use, consumption, sale, lease, or rental only by persons over 18 years of age unless the first eight characters of the subject line are "ADV:ADLT"; to provide for penalties; to provide for civil actions; to provide for damages; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. 3532 JOURNAL OF THE HOUSE SB 550. By Senators Thomas of the 54th, Johnson of the 1st, Balfour of the 9th, Meyer von Bremen of the 12th, Hamrick of the 30th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for a collection and recovery program for mercury switches removed from end-of-life vehicles in this state; to provide a short title; to provide for legislative purpose; to define certain terms; to provide for mercury minimization plans; to provide for review and approval of such plans; to provide for removal of mercury switches in accordance with such plans; to provide for reports; to provide for rules and regulations; to provide for penalties and enforcement; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. SB 565. By Senators Staton of the 18th, Unterman of the 45th, Schaefer of the 50th, Chance of the 16th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to establish the Georgia Trauma Care Network Commission; to provide for its composition, membership, duties, and responsibilities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health and Human Services. SB 572. By Senators Goggans of the 7th, Stephens of the 27th, Williams of the 19th, Douglas of the 17th, Pearson of the 51st and others: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to establish and define a crime of medical assistance managed care fraud; to change certain provisions relating to administrative hearings and appeals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 574. By Senators Bulloch of the 11th, Tolleson of the 20th, Carter of the 13th and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal TUESDAY, MARCH 14, 2006 3533 corporations, so as to provide that no municipal corporation shall be incorporated which has the same name as an existing municipal corporation or a name which is confusingly similar to that of an existing municipal corporation; to provide for certification of compliance; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. SB 578. By Senators Whitehead, Sr. of the 24th, Cagle of the 49th, Hudgens of the 47th, Tolleson of the 20th and Stephens of the 27th: A BILL to be entitled an Act to amend Chapter 15 of Title 12 of the O.C.G.A., relating to sewage holding tanks, and Chapter 2 of Title 31 of the O.C.G.A., relating to the Department of Human Resources, so as to provide that a commercial waste tank truck receiving or disposing of commercial waste may be inspected and permitted annually pursuant to rules and regulations promulgated by the Department of Human Resources; to provide for certain provisions allowing for the satisfaction of Title 12 inspection requirements by inspections required in Title 31; to provide for certain provisions allowing for the satisfaction of Title 31 inspection requirements by inspections required in Title 12; to provide that inspections satisfied in one county or municipality in the state shall be accepted throughout the state; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. SB 582. By Senators Pearson of the 51st, Cagle of the 49th, Schaefer of the 50th, Rogers of the 21st, Douglas of the 17th 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 students who have completed a home study program who apply for admission to member institutions of the University System of Georgia as an undergraduate student and who meet certain criteria shall be considered for admission under the same basis; to authorize the board of regents to promulgate rules and regulations regarding such admissions; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. 3534 JOURNAL OF THE HOUSE SB 583. By Senators Hamrick of the 30th and Shafer of the 48th: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions for criminal trials, so as to provide a method for the waiver of the right to trial by jury in a criminal case; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 585. By Senators Shafer of the 48th, Moody of the 56th and Balfour of the 9th: A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 9 of the O.C.G.A., relating to parties in execution, so as to provide that executions for ad valorem property taxes or assessments shall be governed exclusively by Title 48; to amend Chapter 3 of Title 48 of the O.C.G.A., relating to tax executions, so as to define certain terms; to provide for the purchase of tax executions and the transfer of rights; to provide for the termination of such right; to provide for collection; to provide for notice; to provide for a right of satisfaction; to provide for interest and fees; to provide for notice in the event certain information is unavailable; to provide that certain officials and their employees shall not have the right to purchase tax executions; to provide a penalty; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. SB 588. By Senators Rogers of the 21st, Shafer of the 48th, Staton of the 18th and Hill of the 32nd: 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, relating to fair business practices, so as to prohibit the use or display of social security numbers except in specified circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 594. By Senators Meyer von Bremen of the 12th, Golden of the 8th, Thompson of the 5th, Brown of the 26th and Reed of the 35th: TUESDAY, MARCH 14, 2006 3535 A BILL to be entitled an Act to amend Code Section 20-2-157 of the Official Code of Georgia Annotated, relating to the uniform reporting system for certain purposes, so as to provide for weighting of grades for honors, advanced placement, and international baccalaureate courses for purposes of determining eligibility for postsecondary scholarships, grants, or loans; to provide for the establishment of minimum state-wide standards for honors courses; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. SB 596. By Senators Shafer of the 48th, Cagle of the 49th, Carter of the 13th, Kemp of the 46th, Whitehead, Sr. of the 24th and others: A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to provide a short title; to provide legislative intent and findings; to provide definitions; to create the Newborn Umbilical Cord Blood Bank for postnatal tissue and fluid; to provide for donations and information concerning donations; to provide for certain procedures and costs and fees associated with such bank; to provide for the creation of the Georgia Commission for the Newborn Umbilical Cord Blood Initiative and the membership, appointment, terms of office, and duties of such commission; to provide for certain funding mechanisms; to prohibit human cloning; to provide for civil and criminal penalties; to provide for related matters; to amend Article 3 of Chapter 7 of Title 48 of the O.C.G.A., 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 an effective date and for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. SB 597. By Senators Pearson of the 51st, Balfour of the 9th, Cagle of the 49th, Powell of the 23rd, Schaefer of the 50th and others: A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and tax appeal procedures, so as to change certain provisions regarding recovery of certain appeal costs by a taxpayer; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. 3536 JOURNAL OF THE HOUSE SB 603. By Senators Thomas of the 54th, Goggans of the 7th, Balfour of the 9th, Williams of the 19th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Code Section 16-13-21 of the O.C.G.A., relating to definitions relative to regulation of controlled substances, so as to revise the definition of "practitioner"; to amend Chapter 26 of Title 43 of the O.C.G.A., relating to nurses, so as to provide for a definition; to provide for enactment of rules and regulations affecting advanced practice registered nurses; to amend Article 2 of Chapter 34 of Title 43 of the O.C.G.A., relating to the physicians, so as to provide for a physician to delegate certain medical acts to allow an advanced practice registered nurse to issue prescription drug orders and provide professional samples, order diagnostic studies, medical devices, and in certain lifethreatening situations to order radiographic imaging; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 604. By Senators Harp of the 29th, Tolleson of the 20th and Harbison of the 15th: A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to current use assessment for bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report, so as to change certain provisions relating to buffers adjacent to rivers or perennial streams; to provide for current use assessment for certain undeveloped land areas within buffer zones established by law or local ordinance adjacent to rivers, perennial streams, or reservoirs; to provide for exemptions from certain covenant and penalty provisions; to provide for loss current use assessment in certain circumstances; to provide an effective date; to provide for applicability; to provide for to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. SB 610. By Senators Moody of the 56th, Balfour of the 9th, Starr of the 44th, Thomas of the 54th and Chance of the 16th: A BILL to be entitled an Act to amend Code Section 20-2-2065 of the Official Code of Georgia Annotated, relating to waiver of provisions of Title 20 for charter schools, requirements for operating charter schools, and the control and management of charter schools, so as to provide that nothing TUESDAY, MARCH 14, 2006 3537 shall preclude the use of computer and Internet based instruction for students in a virtual or remote setting; to provide for related matters; to repeal conflicting laws; and for other purposes Referred to the Committee on Education. SB 613. By Senators Bulloch of the 11th, Kemp of the 46th, Hudgens of the 47th, Tarver of the 22nd and Henson of the 41st: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to farmers markets, so as to change certain provisions relating to authority of the Commissioner of Agriculture to provide for safety and security at farmers markets; to provide for law enforcement on the premises of farmer's markets; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. SB 618. By Senator Moody of the 56th: A BILL to be entitled an Act to amend Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the short title and purpose of the "Quality Basic Education Act," so as to change certain provisions relating to eligibility of enrollment for children in the custody of the Department of Juvenile Justice or the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. SB 619. By Senators Tolleson of the 20th, Bulloch of the 11th, Harp of the 29th and Hudgens of the 47th: 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 programs for persons with brain-related disorders and disabilities; to provide for a portion of the revenue to go to Pilot International; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. 3538 JOURNAL OF THE HOUSE Referred to the Committee on Motor Vehicles. SB 620. By Senator Carter of the 13th: A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for the imposition of fee by motor vehicle rental companies with respect to certain motor vehicle fees and taxes; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for applicability of sales and use taxation with respect to such fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. SB 622. By Senators Tarver of the 22nd and Whitehead, Sr. of the 24th: A BILL to be entitled an Act to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospital acquisition, so as to change certain provisions relating to notice of acquisition to the Attorney General; to change certain provisions relating to content and form of notice to the Attorney General, fees, and retention of experts; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 624. By Senators Seabaugh of the 28th, Chance of the 16th, Harp of the 29th, Staton of the 18th, Seay of the 34th and others: A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of judges of superior court, so as to provide for a sixth judge of the superior courts of the Coweta Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of such judge; to prescribe the compensation, salary, and expense allowance of such judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of such circuit to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to declare inherent authority; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 636. By Senator Bulloch of the 11th: TUESDAY, MARCH 14, 2006 3539 A BILL to be entitled an Act to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in such code or other laws of the state, so as to define the term biodiesel fuel; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. SB 637. By Senator Smith of the 52nd: A BILL to be entitled an Act to amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to "Joshua's Law," so as to change the membership of the Georgia Driver's Education Commission; to repeal Section 1 of an Act approved May 10, 2005 (Ga. L. 2005, p. 1461), so as to repeal a priority concerning a certain distribution of fines and forfeitures; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 638. By Senators Chance of the 16th, Douglas of the 17th, Stephens of the 27th and Carter of the 13th: A BILL to be entitled an Act to amend Code Section 44-14-518 of the Official Code of Georgia Annotated, relating to liens on aircraft for labor and materials and for contracts of indemnity, so as to provide for filing a notice of intention to claim a lien with the clerk of the superior court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 644. By Senators Hudgens of the 47th and Kemp of the 46th: A BILL to be entitled an Act to provide for the compensation of the members and chairperson of the board of education of Madison County; to provide for procedures relative to such increase in compensation; 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 648. By Senators Cagle of the 49th and Mullis of the 53rd: 3540 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide that the Department of Community Health shall establish a comprehensive program to monitor for and detect the provision of medical assistance benefits to ineligible individuals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Human Relations & Aging. SB 652. By Senator Thompson of the 33rd: A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Austell in Cobb and Douglas counties, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended, so as to revise the districts for the election of members of the city council; to provide for definitions and inclusions; to provide for manner 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. SR 126. By Senator Thomas of the 54th: A RESOLUTION honoring the memory of Clint H. Bryant and designating the bridge by which SR 2 crosses over the Conasauga River at Beaverdale as the Clint H. Bryant Memorial Bridge; and for other purposes. Referred to the Committee on Transportation. SR 374. By Senator Schaefer of the 50th: A RESOLUTION commending Roger Caudell and dedicating the "Roger Caudell Highway"; and for other purposes. Referred to the Committee on Transportation. SR 804. By Senators Moody of the 56th and Shafer of the 48th: A RESOLUTION to create the North Fulton Boundary Commission; and for other purposes. TUESDAY, MARCH 14, 2006 3541 Referred to the Committee on Governmental Affairs. SR 817. By Senators Shafer of the 48th, Cagle of the 49th, Rogers of the 21st, Schaefer of the 50th, Pearson of the 51st and others: A RESOLUTION proposing an amendment to the Constitution so as to restrict amendments that increase appropriations made by the general appropriations Act; to provide for a short title; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Appropriations. SR 853. By Senators Hill of the 32nd, Unterman of the 45th, Tate of the 38th, Thomas of the 54th and Goggans of the 7th: A RESOLUTION creating the Hospital Health Care Standards Commission; and for other purposes. Referred to the Committee on Health & Human Services. SR 873. By Senators Stoner of the 6th, Wiles of the 37th, Hill of the 32nd, Rogers of the 21st and Thompson of the 33rd: A RESOLUTION commending the accomplishments of Emory Parrish and dedicating the Emory Parrish Interchange; and for other purposes. Referred to the Committee on Transportation. SR 1028. By Senator Thompson of the 33rd: A RESOLUTION honoring the life of Dr. Luke Glenn Garrett, Jr., and dedicating the Dr. Luke Glenn Garrett, Jr. Memorial Highway in his memory; and for other purposes. Referred to the Committee on Transportation. SR 1034. By Senator Goggans of the 7th: A RESOLUTION celebrating the life of SGT Mathew Vincent Gibbs and dedicating the SGT Mathew Vincent Gibbs Memorial Bridge; and for other purposes. Referred to the Committee on Transportation. 3542 JOURNAL OF THE HOUSE SR 1081. By Senators Seabaugh of the 28th, Balfour of the 9th, Hill of the 32nd, Shafer of the 48th and Goggans of the 7th: A RESOLUTION creating the Georgia Broadband Education Task Force; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. SR 1085. By Senators Cagle of the 49th and Hill of the 32nd: A RESOLUTION proposing an amendment to the Constitution so as to provide for a retirement income exclusion of $50,000.00 for taxpayers 62 years of age or older and a complete income exclusion for taxpayers 65 years of age or older; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. SR 1093. By Senator Grant of the 25th: A RESOLUTION celebrating the life of Durward D. (Red) Murphy and dedicating the Durward D. (Red) Murphy Memorial Bridge; and for other purposes. Referred to the Committee on Transportation. SR 1094. By Senator Grant of the 25th: A RESOLUTION celebrating the life of Charles S. (Buddy) Cowan, Jr., and dedicating the Charles S. (Buddy) Cowan, Jr. Memorial Bridge; and for other purposes. Referred to the Committee on Transportation. SR 1104. By Senators Harp of the 29th and Tolleson of the 20th: A RESOLUTION proposing an amendment to the Constitution so as to authorize an exemption from the covenant requirement for bona fide conservation use property as to stream buffer areas for purposes of current use assessment for ad valorem taxation; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. TUESDAY, MARCH 14, 2006 3543 Referred to the Committee on Ways & Means. The following members were recognized during the period of Morning Orders and addressed the House: Keen of the 179th, Byrd of the 20th, Roberts of the 154th, Coleman of the 144th, and Williams of the 165th. 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 1202 Do Pass HR 1547 Do Pass The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1202. By Representative Hanner of the 148th: A RESOLUTION congratulating the 2005 Terrell Academy Lady Eagles softball team for winning the Georgia Independent Schools Association Region 3-A and State A Championship titles and inviting the team's players and coaches to appear before the House of Representatives; and for other purposes. HR 1547. By Representative Jennings of the 82nd: A RESOLUTION congratulating the "We the People: The Citizen and The Constitution" state contest winners from Lakeside High School and inviting them to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: SB 381. By Senators Harp of the 29th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to provide state flags to honor Georgia public safety officers who are killed in the line of duty or who died following extended service to the public of this state; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. 3544 JOURNAL OF THE HOUSE The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to provide state flags to honor Georgia public safety officers who are killed in the line of duty or who died following extended service to the public of this state; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, is amended by inserting immediately following Code Section 50-311 a new Code section to read as follows: "50-3-12. (a) The purpose of this Code section is to recognize and honor those brave men and women who have dedicated their lives to the public safety of the citizens of this state and, in devoted service thereto, contributed to the safety, security, and individual freedom of the citizens of the State of Georgia. To carry out this purpose, the Secretary of State shall, if requested, from funds made available for such purpose, furnish, without cost, a state flag to honor the service of a deceased qualifying public safety officer, which state flag may be displayed in the funeral service of the deceased public safety officer and thereafter given to the officer's estate. (b) For purposes of this Code section, a 'qualifying public safety officer' is a peace officer, as defined in Code Section 35-8-2, sheriff, or firefighter, emergency medical technician, or emergency rescue specialist, as each is defined in Code Section 45-9-81, or member of the Georgia National Guard. In addition, 'qualifying public safety officer' is an officer killed in the line of duty or an officer who has served as a qualifying public safety officer for a period of not less than five years. A person committing or convicted of a felony or crime of moral turpitude or whose certification or license to practice as a public safety officer is revoked or terminated shall not be considered a 'qualifying public safety officer.' (c) It shall be the duty of any state or local agency with knowledge of the death of a qualifying public safety officer who is an employee of such agency or who retired from such agency to notify the Secretary of State's office for the purpose of providing a state flag to the deceased's estate. Any advocacy group representing the deceased or the deceased's department may also contact the Secretary of State on behalf of a deceased qualifying public safety officer. (d) The Secretary of State is authorized to administer the recognition program set forth in this Code section and to provide rules and regulations and enter into contracts TUESDAY, MARCH 14, 2006 3545 necessary for the administration of the provisions and the purposes set forth in the Code section." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to the death of a qualifying of public safety officer occurring on or after January 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E 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 E 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 Y Dodson Y Dollar Drenner Y Dukes Ehrhart Y England Epps Y Everson Y Fleming Floyd, H E 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 Heard, J Y Heard, K E Heckstall Y Hembree Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston E Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson E 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Martin Y Maxwell Y May McCall E McClinton Y Meadows Y Millar 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 Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Rogers Y Sailor Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T 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 E Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E E Williams, R Wix 3546 JOURNAL OF THE HOUSE Y Cooper Y Cox Y Henson E Hill, C Y Manning Y Marin Y Royal Y Rynders Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Ehrhart of the 36th and Heard of the 104th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Due to a mechanical malfunction, the vote of Representative O`Neal of the 146th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. SB 436. By Senators Grant of the 25th, Harp of the 29th, Tolleson of the 20th, Pearson of the 51st and Kemp of the 46th: A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to change certain provisions relating to meetings of the State Board of Technical and Adult 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: E 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 E Brown Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Epps Y Everson Y Fleming Y Floyd, H Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston E Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y James Jamieson E Jenkins Jennings Y Johnson Y Jones, J Y Martin Y Maxwell Y May McCall E McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Sailor Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V TUESDAY, MARCH 14, 2006 3547 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 E 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 Heard, J Y Heard, K E Heckstall Y Hembree Y Henson E Hill, C Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson E 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 151, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Heard of the 104th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Resolutions of the House were read and adopted: HR 1821. By Representatives May of the 111th, Barnes of the 78th, Coan of the 101st, Burkhalter of the 50th, Graves of the 137th and others: A RESOLUTION commending Mr. Reed Sorenson; and for other purposes. HR 1822. By Representative Day of the 163rd: A RESOLUTION commending and recognizing Walter Parker, outstanding Georgian and statesman; and for other purposes. HR 1823. By Representatives Smith of the 129th, Graves of the 137th, Burkhalter of the 50th, Coan of the 101st, May of the 111th and others: A RESOLUTION welcoming O. Bruton Smith, Jeff Burton, Reed Sorenson, John Andretti, Bill Lester, and David Ragan to Atlanta Motor Speedway Day at the Capitol; and for other purposes. 3548 JOURNAL OF THE HOUSE HR 1824. By Representatives Casas of the 103rd, Richardson of the 19th, Keen of the 179th and Burkhalter of the 50th: A RESOLUTION commending and recognizing Jessica Lynn Knox on earning the Girl Scouts of America Gold Award; and for other purposes. HR 1825. By Representatives Coan of the 101st, Sheldon of the 105th and Reese of the 98th: A RESOLUTION commending the Collins Hill High School Eagles girls basketball team; and for other purposes. HR 1826. By Representatives Shaw of the 176th and Smith of the 129th: A RESOLUTION honoring Patten Seed Company and congratulating it on winning the Cox Century Award; and for other purposes. HR 1827. By Representatives Coan of the 101st, Ehrhart of the 36th and Marin of the 96th: A RESOLUTION commending Stephen Harlin on attaining the rank of Eagle Scout; and for other purposes. HR 1828. By Representatives Day of the 163rd, Morris of the 155th, Parrish of the 156th, Jones of the 46th, Burmeister of the 119th and others: A RESOLUTION commending Dr. James L. Cherry, a distinguished Georgian, for his pioneering efforts in the disability rights movement; and for other purposes. HR 1829. By Representative Amerson of the 9th: A RESOLUTION commending Ian Vickery on becoming an Eagle Scout; and for other purposes. HR 1830. By Representative Amerson of the 9th: A RESOLUTION commending Nanon G. Wiles; and for other purposes. HR 1831. By Representatives Ashe of the 56th and Dean of the 59th: A RESOLUTION honoring Gideons Elementary School; and for other purposes. TUESDAY, MARCH 14, 2006 3549 HR 1832. By Representatives Harbin of the 118th, Fleming of the 117th and Burmeister of the 119th: A RESOLUTION commemorating the 125th anniversary of the Columbia County News-Times; and for other purposes. On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: E 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 E Brown Y Bruce Y Bryant Y 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 Y Coleman, T Y Cooper Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Ehrhart Y England Epps Y Everson Y Fleming Y Floyd, H E 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 Heard, K E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Holmes Y Holt Y Horne Y Houston E Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson E 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 E Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Marin Y Martin Y Maxwell Y May McCall E McClinton Y Meadows Millar 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 Y Ralston Y Randall Y Ray Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P 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 E Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E E Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolutions, the ayes were 143, nays 0. The Resolutions were adopted. 3550 JOURNAL OF THE HOUSE Representatives Holmes of the 61st and Orrock of the 58th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. WEDNESDAY, MARCH 15, 2006 3551 Representative Hall, Atlanta, Georgia Wednesday, March 15, 2006 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 Barnard Barnes Bearden E Beasley-Teague Benton Bryant Buckner, D Burkhalter Burmeister Butler Byrd Carter Casas Chambers Cheokas Cole Coleman, B Cooper Cox Crawford E Cummings Davis Dickson Dodson Drenner Ehrhart England Everson Fleming Floyd, J Forster Franklin Freeman Gardner Geisinger Graves, T Greene Hanner Hatfield Heard, J E Heckstall E Hill, C Hill, C.A Holmes Holt Horne Houston Howard, E Hugley James Jamieson E Jenkins Jennings Johnson Jones, J Keen Keown Knight Knox Lakly E Lane, R Lewis Lindsey Lord Loudermilk Lunsford Maddox Mangham Manning Marin Martin Maxwell May McCall E McClinton Meadows Millar Mills Mitchell Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Parham Parrish Porter Ralston Randall E Reece, B Reece, S Reese Rice Roberts Rogers Royal Rynders Scheid Scott, A Setzler Shaw Sheldon Sims, F Smith, B Smith, L Smith, P Smith, R Smith, V Smyre Stephens Talton Teilhet Thomas, A.M Thomas, B Tumlin E Warren Watson Wilkinson E Willard Williams, A Williams, E Williams, R Wix E Yates Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Ashe of the 56th, Barnes of the 78th, Benfield of the 85th, Black of the 174th, Bordeaux of the 162nd, Borders of the 175th, Bridges of the 10th, Brooks of the 63rd, Bruce of the 64th, Buckner of the 76th, Burns of the 157th, Channell of the 116th, Coleman of the 144th, Dean of the 59th, Dukes of the 150th, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Graves of the 137th, Harbin of the 118th, Hembree of the 67th, Henson of the 87th, Hudson of the 124th, Jackson of the 161st, Jones of the 44th, Jordan of the 77th, Kidd of the 115th, Lane of the 158th, Lucas of the 139th, Morris of the 155th, Mosby of the 90th, Orrock of the 58th, Parsons of the 42nd, Powell of the 29th, Scott of the 2nd, Sims of the 169th, Sinkfield of the 60th, Smith of the 168th, Stanley-Turner of the 53rd, Stephenson of the 92nd, and Walker of the 107th. 3552 JOURNAL OF THE HOUSE They wish to be recorded as present. The following communication was received: March 15, 2006 Mr. Clerk Rivers, Please mark Tuesday, Mar. 14, 2006 as an excused absence for me. I have had an on-going case of the flu, and was absent due to this illness. Thank you, J. Jamieson 28th District Prayer was offered by Pastor Mike Glass, Christ Community Church, Acworth, 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: WEDNESDAY, MARCH 15, 2006 3553 HB 1619. By Representative Jackson of the 161st: A BILL to be entitled an Act to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to change certain provisions relating to requirements for license to operate barbershop; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1620. By Representatives Mangham of the 94th, Watson of the 91st, Stephenson of the 92nd, Mosby of the 90th, Orrock of the 58th and others: A BILL to be entitled an Act to provide a new charter for the City of Lithonia in DeKalb County, Georgia; 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 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 thereto; to provide for administrative responsibilities; to provide for boards, commissions, and authorities and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for severability; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1621. By Representative Burns of the 157th: A BILL to be entitled an Act to amend an Act creating a new board of education of Jenkins County, approved April 3, 1968 (Ga. L. 1968, p. 2965), 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 provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1622. By Representative Burns of the 157th: 3554 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend an Act providing for the election of the members of the board of education of Screven County, approved April 1, 2002 (Ga. L. 2002, p. 3659), so as to so as to change certain provisions regarding the compensation of the members of such board; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1623. By Representative Mosley of the 178th: A BILL to be entitled an Act to create a board of elections and registration for Brantley 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 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. Referred to the Committee on State Planning & Community Affairs - Local. HB 1624. By Representatives Scott of the 153rd and Roberts of the 154th: A BILL to be entitled an Act to amend an Act creating and establishing the State Court of Tift County, approved March 30, 1971 (Ga. L. 1971, p. 2468), as amended, so as to prohibit the judge of such court from engaging in the practice of law; to provide for the compensation of such judge; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1625. By Representatives Morgan of the 39th, Watson of the 91st, Gardner of the 57th, Hugley of the 133rd, Stanley-Turner of the 53rd and others: A BILL to be entitled an Act to amend Part 8 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education under the "Quality Basic Education Act," so as to require the State Board of Education to annually notify secondary students and their parents of their right under federal law to opt out of providing student WEDNESDAY, MARCH 15, 2006 3555 information for purposes of military recruitment; to provide for a short title; to provide legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1626. By Representatives Burns of the 157th and Carter of the 159th: A BILL to be entitled an Act to annex certain territory into the City of Guyton and change the corporate limits of the city; to provide for related matters; to provide for a referendum; to provide for submission; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 1819. By Representative Cox of the 102nd: A RESOLUTION creating the House Study Committee on Prescriptive Authority of Psychologists; and for other purposes. Referred to the Committee on Health & Human Services. HR 1820. By Representatives Burns of the 157th, Lane of the 158th, McCall of the 30th, Smith of the 70th, Crawford of the 127th and others: A RESOLUTION urging the United States Congress and the President of the United States to pass meaningful changes to protect threatened or endangered species; and for other purposes. Referred to the Committee on Intragovernmental Coordination. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1610 HB 1611 HB 1612 HB 1613 HB 1614 HB 1615 HB 1616 HB 1617 HB 1618 SB 594 SB 596 SB 597 SB 603 SB 604 SB 610 SB 613 SB 618 SB 619 3556 JOURNAL OF THE HOUSE HR 1794 HR 1795 HR 1797 SB 101 SB 191 SB 223 SB 248 SB 306 SB 402 SB 422 SB 431 SB 483 SB 491 SB 541 SB 550 SB 565 SB 572 SB 574 SB 578 SB 582 SB 583 SB 585 SB 588 SB 620 SB 622 SB 624 SB 636 SB 637 SB 638 SB 644 SB 648 SB 652 SR 126 SR 374 SR 804 SR 817 SR 853 SR 873 SR 1028 SR 1034 SR 1081 SR 1085 SR 1093 SR 1094 SR 1104 Representative Ehrhart of the 36th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1667 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 1158 Do Pass HR 1603 Do Pass WEDNESDAY, MARCH 15, 2006 3557 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 Senate and has instructed me to report the same back to the House with the following recommendations: SB 44 SB 592 SR 823 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute 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 Senate and has instructed me to report the same back to the House with the following recommendations: HB 1600 HB 1603 HB 1608 HB 1609 SB 616 Do Pass Do Pass Do Pass Do Pass Do Pass SB 626 SB 627 SB 628 SB 629 Do Pass Do Pass Do Pass Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, MARCH 15, 2006 Mr. Speaker and Members of the House: 3558 JOURNAL OF THE HOUSE The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enumerated below: DEBATE CALENDAR Open Rule SB 120 SB 264 SB 486 Broadband, Voice over Internet, Wireless; no requirements by any state agency Pataula Circuit; superior courts; change certain terms Employment Security Law; exempt direct sellers from definition of employment 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 1600. By Representatives Butler of the 18th, Bearden of the 68th and Brown of the 69th: A BILL to be entitled an Act to amend an Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, so as to reconstitute the board of education; to change the descriptions of the education districts; to provide for definitions and inclusions; to provide for WEDNESDAY, MARCH 15, 2006 3559 the election and terms of office of members of the board; to provide for vacancies; to provide for eligibility and qualifications; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; 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 1603. By Representatives Jackson of the 161st, Stephens of the 164th, Bordeaux of the 162nd, Bryant of the 160th and Carter of the 159th: A BILL to be entitled an Act to amend an Act governing the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4031), so as to modify the compensation of members of the Board of Public Education for the City of Savannah and the County of Chatham; to provide for applicability and 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 1608. By Representatives Richardson of the 19th and Maxwell of the 17th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4145), so as to change the compensation of the chairperson and members of the commission; 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 1609. By Representatives Fleming of the 117th and Channell of the 116th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Washington, Georgia, approved February 14, 1958 (Ga. L. 1958, p. 2139), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. 3560 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 616. By Senators Wiles of the 37th, Hill of the 32nd, Stoner of the 6th, Thompson of the 33rd and Rogers of the 21st: A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; to repeal conflicting laws; to provide an effective date; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 626. By Senator Schaefer of the 50th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from all Habersham County ad valorem taxes, including taxes for educational purposes, in the amount of $10,000.00 of the assessed value of the homestead for residents of that county school district who are 65 years of age or over, which Act is the former local constitutional amendment, Resolution Act No. 162, House Resolution No. 662-1850 (Ga. L. 1978, p. 2444), which was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution, so as to provide for a definition of the term "homestead" for purposes of the exemption; 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 627. By Senator Schaefer of the 50th: A BILL to be entitled an Act to amend an Act creating the Habersham County Water and Sewerage Authority, approved April 6, 1981 (Ga. L. 1981, p. 3327), as amended, 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 WEDNESDAY, MARCH 15, 2006 3561 revenue bond debt; to revise the powers of the authority; to provide that the authority shall exercise its powers with the consent of the Board of Commissioners of Habersham County; to expressly authorize lease of the assets of the authority, transfer of the authority's employees, and the provision of advice and recommendations to the Board of Commissioners of Habersham County; 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 628. By Senator Schaefer of the 50th: A BILL to be entitled an Act to provide a homestead exemption from Habersham County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are disabled or are 65 years of age or over and whose income, excluding certain retirement income, does not exceed $12,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 629. By Senator Schaefer of the 50th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain Habersham County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead approved May 16, 2002 (Ga. L. 2002, p. 5864), so as to change the definition of homestead for purposes of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. 3562 JOURNAL OF THE HOUSE On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Amerson E Anderson Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Benton Y Black Bordeaux 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 Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman, B Coleman, T Cooper Y Cox Crawford E Cummings Davis Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart England Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holmes Y Holt Horne Houston Y Howard, E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Jones, S Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Martin Y Maxwell Y May McCall E McClinton Y Meadows Millar E Mills Y Mitchell Morgan Morris Mosby Y Mosley Y Mumford E Murphy, J Y Murphy, Q Y Neal Y Oliver O'Neal Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray E Reece, B Reece, S Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Sailor Y Scheid Y Scott, A E Scott, M Setzler Y Shaw Y Sheldon Sims, C Y Sims, F Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix E Yates Richardson, Speaker On the passage of the Bills, the ayes were 123, nays 0. The Bills, having received the requisite constitutional majority, were passed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: WEDNESDAY, MARCH 15, 2006 3563 SB 658. By Senator Carter of the 13th: A BILL to be entitled an Act to amend an Act providing for the Tift County Board of Education, approved March 31, 1971 (Ga. L. 1971, p. 2722), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5262), and an Act approved February 16, 1994 (Ga. L. 1994, p. 3538), so as to provide for the continuation in office of the current members; to provide for the election of a chairperson; to provide for related matters; to provide for a submission pursuant to Section 5 of the federal Voting Rights Act of 1965; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 149. By Representatives Franklin of the 43rd, Scott of the 2nd, Jacobs of the 80th, Benfield of the 85th, Willard of the 49th and others: A BILL to be entitled an Act to amend Code Section 18-4-22 of the Official Code of Georgia Annotated, relating to the exemption of certain pension or retirement funds or benefits from garnishment until certain payment or transfer thereof, so as to provide for such an exemption with respect to additional individual retirement account funds or benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 400. By Representatives Coleman of the 97th, Cummings of the 16th, Bridges of the 10th, Meadows of the 5th, Maddox of the 172nd and others: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits in the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit increase; to provide for applicability; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 644. By Representatives Coleman of the 97th, McCall of the 30th, Bridges of the 10th, Cummings of the 16th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 47-2-96.1 of the Official Code of Georgia Annotated, relating to creditable service in the Employees Retirement System of Georgia for certain temporary full-time service, so as to change certain provisions relating to allowable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 660. By Representatives Cummings of the 16th, Bridges of the 10th, Yates of the 73rd and Forster of the 3rd: 3564 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, so as to provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable service on a monthly basis; to amend Chapter 7A of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Class Nine Fire Department Pension Fund, so as to provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable service on a monthly basis; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1020. By Representatives Bridges of the 10th, Meadows of the 5th, Brooks of the 63rd, Cummings of the 16th and Coleman of the 97th: 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 insert language emphasizing that retirement allowances in several public retirement systems shall not become effective prior to the month following the member's final month of employment; to provide that the trustees of the Georgia Defined Contribution Plan shall establish the amount below which a departing member must withdraw his or her contributions; to provide for gender neutrality; to repeal conflicting laws; and for other purposes. HB 1052. By Representatives Murphy of the 23rd, Rice of the 51st and Beasley-Teague of the 65th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for a distinguishable transporter license plate; to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers, so as to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1087. By Representatives Mosley of the 178th, Lane of the 167th and Smith of the 168th: A BILL to be entitled an Act to increase the number of directors on the board of the Wayne County Industrial Development Authority established by Ga. L. 1964, p. 1002 (Res. Act No. 167; S.R. 147) and carried forward as part of the Constitution of the State of Georgia by Ga. L. 1987, p. 3805 (Act No. 141; HB 940), from seven to nine, pursuant to the power granted to the General WEDNESDAY, MARCH 15, 2006 3565 Assembly by paragraph N. in Ga. L. 1964, p. 1002 (Res. Act No. 167; S.R. 147); to repeal conflicting laws; and for other purposes. HB 1197. By Representative Lane of the 167th: A BILL to be entitled an Act to provide for a homestead exemption from City of Darien ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1199. By Representative Lane of the 167th: A BILL to be entitled an Act to provide that the probate judge of McIntosh County shall serve ex officio as chief magistrate of the Magistrate Court of McIntosh County on and after a date certain; to provide an effective date; to repeal certain Acts; to repeal conflicting laws; and for other purposes. HB 1327. By Representatives Warren of the 122nd, Murphy of the 120th, Burmeister of the 119th, Howard, E. of the 121st and Anderson of the 123rd: 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 1332. By Representative Hanner of the 148th: A BILL to be entitled an Act to provide that the chief magistrate of Terrell County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Magistrate Court of Terrell County; to repeal conflicting laws; and for other purposes. HB 1333. By Representative Hanner of the 148th: A BILL to be entitled an Act to provide that the judge of the Probate Court of Terrell County shall have the authority to appoint a person other than the clerk 3566 JOURNAL OF THE HOUSE of the superior court to serve as clerk of the Probate Court of Terrell County; 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 81. By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Jackson of the 161st and Scott of the 2nd: A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to provide that, with respect to all homestead exemptions, the unremarried surviving spouse of a deceased spouse who has been granted a homestead exemption shall continue to receive that exemption so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 984. By Representatives Coan of the 101st, Lunsford of the 110th, Ehrhart of the 36th, Ralston of the 7th, Coleman of the 97th 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 for students in elementary and secondary education, so as to provide that a student whose parent is in military service is granted excused absences from school to visit with his or her parent prior to deployment or while on leave; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House: SR 844. By Senator Whitehead, Sr. of the 24th: A RESOLUTION recognizing May 1st through 7th as "Bluegrass Music Week in Georgia"; and for other purposes. HR 1798. By Representatives Morris of the 155th, Parrish of the 156th and Porter of the 143rd: WEDNESDAY, MARCH 15, 2006 3567 A RESOLUTION expressing regret at the passing of Wayne H. Sumner; and for other purposes. By unanimous consent, the following Bill and Resolution of the Senate were read the first time and referred to the Committees: SB 658. By Senator Carter of the 13th: A BILL to be entitled an Act to amend an Act providing for the Tift County Board of Education, approved March 31, 1971 (Ga. L. 1971, p. 2722), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5262), and an Act approved February 16, 1994 (Ga. L. 1994, p. 3538), so as to provide for the continuation in office of the current members; to provide for the election of a chairperson; to provide for related matters; to provide for a submission pursuant to Section 5 of the federal Voting Rights Act of 1965; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SR 844. By Senator Whitehead, Sr. of the 24th: A RESOLUTION recognizing May 1st through 7th as "Bluegrass Music Week in Georgia"; and for other purposes. Referred to the Committee on Economic Development & Tourism. The following members were recognized during the period of Morning Orders and addressed the House: Brown of the 69th, Sims of the 151st, Hugley of the 133rd, Lunsford of the 110th, Marin of the 96th, Morgan of the 39th, and Mills of the 25th. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1158. By Representatives Davis of the 109th, Yates of the 73rd, Lunsford of the 110th, Watson of the 91st, Mosby of the 90th and others: A RESOLUTION commending the 8U McDonough Dawgs baseball team; inviting the coaches and players to appear before the House of Representatives; and for other purposes. 3568 JOURNAL OF THE HOUSE HR 1603. By Representatives Oliver of the 83rd, Benfield of the 85th, Henson of the 87th and Gardner of the 57th: A RESOLUTION commending Ms. Tracie Lee Dean for her heroism and inviting her to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: 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. The following Committee substitute was read and adopted: A BILL To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change certain terms of court in the Pataula Circuit; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, is amended by striking paragraph (31) and substituting the following in lieu thereof: "(31) Pataula Circuit: (A) Clay County -- Third Second Monday in March and November September. (B) Early County -- Third Tuesday Second Monday in January and third Monday in July. (C) Miller County -- Fourth Third Monday in February and October August. (D) Quitman County -- Fourth Monday in March and September. (E) Randolph County -- First Second Monday in May and October November. (F) Seminole County -- Second Third Monday in April and October. (G) Terrell County -- First Monday in June and December." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, MARCH 15, 2006 3569 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 Ashe Y Barnard Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks E Brown Y Bruce Y Bryant Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson E Hill, C Hill, C.A Y Holmes Y Holt Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Jones, S Y Jordan Keen Y Keown Y Kidd Knight Y Knox Y Lakly Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Mosley Y Mumford E Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y 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 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 E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix E Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Lane of the 158th 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. 3570 JOURNAL OF THE HOUSE SB 486. By Senators Balfour of the 9th, Schaefer of the 50th, Grant of the 25th, Shafer of the 48th and Douglas of the 17th: A BILL to be entitled an Act to amend Code Section 34-8-35 of the Official Code of Georgia Annotated, relating to the definition of employment under the employment security law, so as to exempt direct sellers from the definition of employment; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks E 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 Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Lane, B E 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 Mills Y Mitchell Y Morgan Y Morris Y Mosby Mosley Y Mumford E Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y 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 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 E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix E Yates Richardson, Speaker WEDNESDAY, MARCH 15, 2006 3571 On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Lane of the 158th 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 Senate was withdrawn from the Committee on Ways & Means and referred to the Committee on Judiciary: SB 585. By Senators Shafer of the 48th, Moody of the 56th and Balfour of the 9th: A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 9 of the O.C.G.A., relating to parties in execution, so as to provide that executions for ad valorem property taxes or assessments shall be governed exclusively by Title 48; to amend Chapter 3 of Title 48 of the O.C.G.A., relating to tax executions, so as to define certain terms; to provide for the purchase of tax executions and the transfer of rights; to provide for the termination of such right; to provide for collection; to provide for notice; to provide for a right of satisfaction; to provide for interest and fees; to provide for notice in the event certain information is unavailable; to provide that certain officials and their employees shall not have the right to purchase tax executions; to provide a penalty; to provide for applicability; to repeal conflicting laws; and for other purposes. By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Agriculture & Consumer Affairs and referred to the Committee on Regulated Industries: HR 1795. By Representatives Drenner of the 86th, Cooper of the 41st, Manning of the 32nd, Lord of the 142nd, Benfield of the 85th and others: A RESOLUTION creating the House Study Committee on Tanning Salon Consumer Protection; and for other purposes. By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Health & Human Services and referred to the Committee on Public Safety: HR 1560. By Representative Cox of the 102nd: A RESOLUTION creating the House Pandemic Preparedness and Response Study Committee; and for other purposes. 3572 JOURNAL OF THE HOUSE The following Resolution of the House was read: HR 1834. By Representatives Keen of the 179th and Fleming of the 117th 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 2006 regular session of the General Assembly for the period of March 21, 2006, through March 27, 2006, shall be as follows: Tuesday, March 21 ........................................in adjournment Wednesday, March 22 ...................................in session for legislative day 35 Thursday, March 23 ......................................in session for legislative day 36 Friday, March 24 ...........................................in session for legislative day 37 Saturday, March 25 .......................................in adjournment Sunday, March 26..........................................in adjournment Monday, March 27 ........................................in session for legislative day 38 BE IT FURTHER RESOLVED that on and after March 27, 2006, the periods of adjournment of the 2006 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2006 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y 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 WEDNESDAY, MARCH 15, 2006 3573 Y Borders Y Bridges Y Brooks E 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 Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson E Hill, C Y Jenkins Y Jennings Y Johnson Jones, J Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Mosley Y Mumford E Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, P Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix E Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 157, nays 0. The Resolution was adopted. 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 120. By Senators Seabaugh of the 28th, Balfour of the 9th, Stoner of the 6th, Chance of the 16th, Hill of the 32nd and others: A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to provide legislative findings and intent; to provide definitions; to provide that no state agency shall impose any requirement on broadband service, voice over Internet protocol, or wireless service; to provide that existing requirements are void; to provide for exceptions and construction; 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: 3574 JOURNAL OF THE HOUSE Y 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 N Brooks E 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 Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James N 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Mangham Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Mosley Y Mumford E Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y 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 E 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 E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 157, nays 4. The Bill, having received the requisite constitutional majority, was passed. Representatives Bruce of the 64th, Manning of the 32nd, 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 Senate was withdrawn from the Committee on Judiciary Non-Civil and referred to the Committee on Motor Vehicles: SB 637. By Senator Smith of the 52nd: WEDNESDAY, MARCH 15, 2006 3575 A BILL to be entitled an Act to amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to "Joshua's Law," so as to change the membership of the Georgia Driver's Education Commission; to repeal Section 1 of an Act approved May 10, 2005 (Ga. L. 2005, p. 1461), so as to repeal a priority concerning a certain distribution of fines and forfeitures; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation: HR 1776 Do Pass The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1776. By Representatives Gardner of the 57th, Ehrhart of the 36th, Watson of the 91st, Oliver of the 83rd, Golick of the 34th and others: A RESOLUTION commending the American Red Cross and proclaiming March, 2006, American Red Cross Month in Georgia; inviting its representatives to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1835. By Representatives Williams of the 165th, Coleman of the 144th, Lord of the 142nd, Parrish of the 156th, Smith of the 168th and others: A RESOLUTION remembering and honoring Honorable James Marvin Floyd, Sr., former member of the House of Representatives; and for other purposes. HR 1836. By Representative Ashe of the 56th: A RESOLUTION commending Joy Smith Berry; and for other purposes. HR 1837. By Representatives Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th: A RESOLUTION commending Rabbi Philip N. Kranz on the occasion of his retirement; and for other purposes. 3576 JOURNAL OF THE HOUSE HR 1838. By Representative Ashe of the 56th: A RESOLUTION commending and congratulating Dr. Cynthia Kuhlman; and for other purposes. HR 1839. By Representative Ashe of the 56th: A RESOLUTION recognizing and honoring the contributions of Sally Campbell and the Sheltering Arms Early Education and Family Centers; and for other purposes. HR 1840. By Representatives Benfield of the 85th, Golick of the 34th, Jacobs of the 80th, Oliver of the 83rd, Porter of the 143rd and others: A RESOLUTION commending Mr. Teddy Lee; and for other purposes. HR 1841. By Representatives Benfield of the 85th, Williams of the 89th, Watson of the 91st, Drenner of the 86th, Mosby of the 90th and others: A RESOLUTION commending the Avondale High School Lady Blue Devils basketball team; and for other purposes. HR 1842. By Representatives Benfield of the 85th, Williams of the 89th, Watson of the 91st, Drenner of the 86th, Mosby of the 90th and others: A RESOLUTION recognizing and commending the Columbia High School Eagles basketball team for winning the 2006 Class AAAA basketball state championship; and for other purposes. HR 1843. By Representatives Benfield of the 85th, Watson of the 91st, Mosby of the 90th, Williams of the 89th, Drenner of the 86th and others: A RESOLUTION commending Greater St. Stephen Full Gospel Baptist Church; and for other purposes. HR 1844. By Representative Everson of the 106th: A RESOLUTION recognizing and commending the South Gwinnett High School Lady Comets basketball team for a successful 2005-2006 season; and for other purposes. HR 1845. By Representative Everson of the 106th: WEDNESDAY, MARCH 15, 2006 3577 A RESOLUTION recognizing Gwinnett County Spelling Bee Champion Kayla Arnold; and for other purposes. HR 1846. By Representatives England of the 108th and Benton of the 31st: A RESOLUTION commending Ms. Susan Mortensen on being selected as the Apalachee High School STAR teacher; and for other purposes. HR 1847. By Representatives England of the 108th and Benton of the 31st: A RESOLUTION commending Ms. Ginger Crosswhite on being selected as the Barrow County STAR teacher; and for other purposes. HR 1848. By Representatives England of the 108th and Benton of the 31st: A RESOLUTION commending John Churney on his selection as the STAR student for Barrow County; and for other purposes. HR 1849. By Representatives Powell of the 29th and Jamieson of the 28th: A RESOLUTION expressing regret at the passing of Joseph Emory "Joe" Rylee; and for other purposes. HR 1850. By Representatives Powell of the 29th, Porter of the 143rd, Jamieson of the 28th, Smyre of the 132nd, Buckner of the 130th and others: A RESOLUTION expressing regret at the passing of Jeff Bickerstaff; and for other purposes. HR 1851. By Representative Channell of the 116th: A RESOLUTION honoring and congratulating White Plains Baptist Church on its upcoming 200th birthday; and for other purposes. HR 1852. By Representatives Davis of the 109th and Lunsford of the 110th: A RESOLUTION recognizing and commending Coach Joe Shadowens of Eagles Landing Christian Academy; and for other purposes. HR 1853. By Representatives England of the 108th and Benton of the 31st: A RESOLUTION commending Dr. Dennis Clarke on being named the 20062007 Principal of the Year for Georgia; and for other purposes. 3578 JOURNAL OF THE HOUSE HR 1854. By Representatives Rynders of the 152nd and Hanner of the 148th: A RESOLUTION commending Billy G. Manning; and for other purposes. HR 1855. By Representatives Barnes of the 78th, Wix of the 33rd, Richardson of the 19th, Keen of the 179th, Dodson of the 75th and others: A RESOLUTION designating March 16, 2006, as Atlanta Motor Speedway Day at the Capitol; and for other purposes. 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 Senate and has instructed me to report the same back to the House with the following recommendations: SB 135 SB 136 SR 700 Do Pass, by Substitute Do Pass Do Pass Respectfully submitted, /s/ Ralston of the 7th Chairman The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 9:00 o'clock, tomorrow morning. THURSDAY, MARCH 16, 2006 3579 Representative Hall, Atlanta, Georgia Thursday, March 16, 2006 The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: E Anderson E Ashe Barnard E Beasley-Teague Benton Black Bridges Brown Bryant Buckner, D Buckner, G Byrd Carter Casas Chambers Channell Coleman, B Cooper Cox Cummings Dickson Dodson E Drenner Ehrhart England Everson Fleming Floyd, J Forster Franklin Gardner E Geisinger E Graves, T Greene Heard, J Heard, K E Heckstall Hembree E Hill, C E Hill, C.A Holt Houston Howard, E Hugley Jackson E Jamieson Jennings Johnson Jones, J Jones, S Keen Keown Knight Knox Lakly Lane, B E Lane, R Lewis Lindsey Loudermilk Maddox Manning Martin Maxwell E McClinton Meadows Millar Mills Mumford Murphy, J Neal Parrish Parsons Porter Randall Ray Reece, S Reese Rice Roberts Rogers Royal Rynders Scheid Scott, M Shaw Sims, F E Sinkfield Smith, B Smith, P Smith, R Smith, T Smith, V Smyre Stanley-Turner Talton Teilhet Thomas, B Tumlin Walker E Warren Watson Wilkinson Williams, A Williams, E Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Amerson of the 9th, Barnes of the 78th, Benfield of the 85th, Bordeaux of the 162nd, Borders of the 175th, Brooks of the 63rd, Bruce of the 64th, Burkhalter of the 50th, Burmeister of the 119th, Burns of the 157th, Cheokas of the 134th, Coan of the 101st, Coleman of the 144th, Crawford of the 127th, Davis of the 109th, Day of the 163rd, Dean of the 59th, Dukes of the 150th, Floyd of the 99th, Fludd of the 66th, Freeman of the 140th, Graves of the 137th, Hanner of the 148th, Harbin of the 118th, Hatfield of the 177th, Holmes of the 61st, Hudson of the 124th, James of the 135th, Jenkins of the 8th, Jordan of the 77th, Kidd of the 115th, Lucas of the 139th, Lunsford of the 110th, Marin of the 96th, May of the 111th, McCall of the 30th, Mitchell of the 88th, Morris of the 155th, Mosby of the 90th, Mosley of the 178th, Murphy of the 120th, O`Neal of the 146th, Parham of the 141st, Powell of the 29th, Ralston of the 7th, Reece of the 11th, Sailor of the 93rd, Scott of the 153rd, Setzler of the 35th, Sheldon of the 105th, Sims of the 169th, Smith of the 70th, Stephens of the 164th, Stephenson of the 3580 JOURNAL OF THE HOUSE 92nd, Thomas of the 55th, Willard of the 49th, Williams of the 4th, Wix of the 33rd, and Yates of the 73rd. They wish to be recorded as present. Prayer was offered by Lieutenant Colonel Willis Moore, Chaplain, Georgia Wing, Civil Air Patrol, 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 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 1627. By Representatives Rynders of the 152nd and Hanner of the 148th: A BILL to be entitled an Act to amend an Act to create the Lee County Parks and Recreation Authority, approved May 17, 2004 (Ga. L. 2004, p. 3788), so as to provide terms for members; to provide for the removal of office for cause; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 16, 2006 3581 Referred to the Committee on State Planning & Community Affairs - Local. HB 1628. By Representatives Brown of the 69th and Smith of the 129th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, so as to provide for meetings of said board; to provide certain changes relating to the manner competitive bids are taken; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1629. By Representatives Rynders of the 152nd and Hanner of the 148th: 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, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3697), so as to provide for terms for authority members; to provide for removal from office of authority members under certain circumstances; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1630. By Representatives Rynders of the 152nd and Hanner of the 148th: A BILL to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues, and public buildings, and public property, and finances for the County of Lee," approved August 6, 1921 (Ga. L. 1921, p. 517), as amended, so as to provide for the establishment of terms of offices for members of local authorities; to provide for the removal of members of such authorities for cause; 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 1631. By Representatives Scheid of the 22nd and Byrd of the 20th: A BILL to be entitled an Act to create the Woodstock Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the City of 3582 JOURNAL OF THE HOUSE Woodstock, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors 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 1632. By Representatives Coleman of the 144th and Roberts of the 154th: A BILL to be entitled an Act to create the Historic Milan Railroad Depot Museum Authority; to provide a short title; to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the collection of the revenues, tolls, fees, charges, earnings, and contract payments of the authority; to fix and provide for the venue and jurisdiction of actions relating to any provisions of this Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1633. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to provide a homestead exemption from Bryan County ad valorem taxes for county purposes in the amount of $50,000.00 of the assessed value of the 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. Referred to the Committee on State Planning & Community Affairs - Local. HB 1634. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to provide a homestead exemption from Bryan County ad valorem taxes for county purposes in the amount of $30,000.00 of the assessed value of the homestead for residents of that county; 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. THURSDAY, MARCH 16, 2006 3583 Referred to the Committee on State Planning & Community Affairs - Local. HR 1833. By Representatives Powell of the 29th and Smith of the 113th: A RESOLUTION creating the Joint Study Committee on the Efficiency, Effectiveness, and Independence of the University System of Georgia, an interim study committee; and for other purposes. Referred to the Committee on Higher Education. HR 1856. By Representatives Cummings of the 16th, Richardson of the 19th, Burkhalter of the 50th, Keen of the 179th, Porter of the 143rd and others: A RESOLUTION authorizing the placement in the Capitol of a portrait of former Speaker of the House Thomas B. Murphy; 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 1619 HB 1620 HB 1621 HB 1622 HB 1623 HB 1624 HB 1625 HB 1626 HR 1819 HR 1820 SB 658 SR 844 Representative Hembree of the 67th District, Chairman of the Committee on Higher Education, submitted the following report: Mr. Speaker: Your Committee on Higher Education has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 506 Do Pass SB 561 Do Pass Respectfully submitted, /s/ Hembree of the 67th Chairman 3584 JOURNAL OF THE HOUSE 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 1555 Do Pass Respectfully submitted, /s/ Walker of the 107th 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 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 1462 Do Pass, by Substitute HR 1560 Do Pass SB 454 Do Pass SB 520 Do Pass, by Substitute SB 581 Do Pass Respectfully submitted, /s/ Day of the 163rd Chairman Representative Williams of the 4th 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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 1795 Do Pass, by Substitute SB 95 Do Pass, by Substitute SB 145 Do Pass, by Substitute THURSDAY, MARCH 16, 2006 3585 Respectfully submitted, /s/ Williams of the 4th 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 1660 Do Pass HR 1699 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 1448 HB 1570 HB 1585 HB 1610 HB 1611 HB 1612 Do Pass Do Pass Do Pass, by Substitute Do Pass Do Pass Do Pass HB 1613 HB 1614 HB 1615 HB 1616 HB 1617 SB 609 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report: Mr. Speaker: Your Committee on Transportation has had under consideration the following Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 1609 Do Pass SR 282 Do Pass, by Substitute SR 639 Do Pass SR 686 Do Pass 3586 JOURNAL OF THE HOUSE 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 16, 2006 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 209 SB 472 Public Service Commission; change time period for issuance; gas supply plan Public Officers/Employees; provide for meritorious award program; definitions; establishment/implementation 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 THURSDAY, MARCH 16, 2006 3587 By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 1448. By Representative Bridges of the 10th: A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Baldwin, approved March 28, 1986, (Ga. L. 1986, p. 5578), as amended, so as to change and extend the corporate limits of such city; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1570. By Representatives Mumford of the 95th, Holt of the 112th, Lunsford of the 110th, Walker of the 107th and May of the 111th: A BILL to be entitled an Act to amend an Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4219), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4221), so as to provide an increase in the salary supplement for the superior court judges; 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 1585. By Representatives Lane of the 167th, Keen of the 179th and Hill of the 180th: A BILL to be entitled an Act to create the Brunswick-Glynn County Joint Water and Sewer Commission; to provide a short title; to define certain terms; to provide for membership, appointment, terms, cooperation, quorums, and officers of the commission; to provide for a director; to provide for purposes; to provide for powers; to provide for ordinance proposals; to provide for tax exemption; to provide for construction; to provide for cumulative nature of powers; to provide an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL 3588 JOURNAL OF THE HOUSE To create the Brunswick-Glynn County Joint Water and Sewer Commission; to provide a short title; to define certain terms; to provide for membership, appointment, terms, cooperation, quorums, and officers of the commission; to provide for a director; to provide for purposes; to provide for powers; to provide for ordinance proposals; to provide for tax exemption; to provide for construction; to provide for cumulative nature of powers; to provide for a referendum; to provide an effective date; to provide for contingent repeal; 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 "Brunswick-Glynn County Joint Water and Sewer Commission Act." SECTION 2. There is hereby created a body corporate and politic, to be known as the BrunswickGlynn County Joint Water and Sewer Commission, which shall 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, complain and defend in all courts of law and equity. The commission shall have perpetual existence, and shall be deemed a governmental body within the meaning of the Georgia Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, specifically under subparagraph (2)(C) of Code Section 36-82-61. SECTION 3. As used in this Act, the following words and terms shall have the following meanings: (1) 'Commission' shall mean the Brunswick-Glynn County Joint Water and Sewer Commission created by Section 2 of this Act. (2) 'City' shall mean the City of Brunswick. (3) 'County' shall mean Glynn County, Georgia. (4) 'Project' shall mean the acquisition, construction, and equipping of a water system, sewer system, or combined water and sewer system and all property used or useful in connection therewith. (5) 'Revenue bonds' and 'bonds' shall mean revenue bonds, certificates, and other obligations of the commission, as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the commission under this Act and as authorized under said article. (6) 'System' means any water system or sewer system or combined water and sewer system of the commission. (7) 'Unified system' shall mean the combined water and sewer systems of the City of Brunswick and Glynn County. SECTION 4. THURSDAY, MARCH 16, 2006 3589 (a)(1) The commission shall consist of five members. The governing authorities of the county and the city shall each appoint two of their members to the commission. The initial terms of one of the members appointed by the city and one of the members appointed by the county shall be one year from the date of appointment, and all succeeding terms shall be for a period of two years. The terms of all other members of the commission shall be two years from the date of appointment except that no member appointed to one of these four positions or their successors in office shall serve beyond their term in office as a member of the respective appointing body. There shall be no limit to the number of terms a person may serve as a member of the commission. A majority of the four original commission members shall select and name a fifth member to serve on the commission within 30 days of its first meeting. The fifth member shall be a resident of the county and shall serve a term of two years from the date of appointment. Successors in office to the original fifth member shall be selected in the same manner by a majority of members of the commission then sitting. The commission may declare that any member missing three consecutive meetings of the commission has vacated his or her office. The commission may for good cause shown excuse any absence of an individual member so that it does not count toward this limit. If the commission declares an office vacated, it may request the county or the city, as appropriate, to name a successor to serve the balance of that former member's term. Within 30 days of receiving such a request, the governing commission of the county or the city shall appoint a successor. In the case of the fifth member, the four members of the commission that are also members of the governing authorities of the county and the city may name a successor to serve the balance of the member's term. Members of the commission shall be officers of the commission when performing the functions of those offices and shall not be deemed to be officers of the city or county. (2) The commission may increase its membership to seven members at any time by its own vote. If the commission decides to have seven members, the governing authorities of the county and the city shall each select one additional person to serve on the commission for a two year term. The governing authorities of the county and the city shall select as their additional appointment to the commission and future successors to them someone who is not a current member of the governing authorities of the county and the city but who is a resident of the county with experience or expertise relevant to the operation of a water and sewer system or a comparable business. (b) The members of the commission shall be entitled to compensation for their services at the rate of $500.00 per month. All members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties, including mileage reimbursed at the standard business mileage rate as determined by the Internal Revenue Service and adopted by the commission. (c) A quorum of the members of the commission shall be required to transact any business. If the commission consists of five members, three members of the commission shall constitute a quorum. If the commission consists of seven members, 3590 JOURNAL OF THE HOUSE four members shall constitute a quorum. A quorum of the commission must include at least one member who is a member of the governing commission of the city and at least one member who is a member of the governing commission of the county. Meetings of the commission shall be conducted in accordance with Robert's Rules of Order. (d) The commission shall elect a chairperson from its members to serve a one year term. There shall be no limit to the number of terms, consecutive or otherwise, that the chairperson may serve. SECTION 5. The commission shall contract with an individual to serve as director to manage the unified system as its employee. The director shall not be a member of the commission and shall not be deemed to be an employee of either the county or the city. SECTION 6. Without limiting the generality of any provisions of this Act, the general purposes of the commission are declared to be those of acquiring, constructing, equipping, maintaining, and operating adequate water supply, treatment, and distribution facilities and sewerage collection, treatment, and distribution facilities; making such facilities and services available to public and private consumers and users located in the city and the county; and extending and improving such facilities as necessary. SECTION 7. After holding a public hearing regarding and prior to entering into an operational agreement with the city and county to operate the unified system and subsequently entering into such an agreement, the commission shall have the following powers and duties: (1) To have a seal and to alter same at its pleasure; (2) To operate a water and sewer system or systems including a unified water and sewer system utilizing the systems and assets of both the county and the city water and sewer systems and to provide water and sewer services to all citizens and customers in the county and the city and to citizens and customers in either political subdivision. The commission shall operate its system or systems in conformity with all applicable regulations, licenses, and permits and shall be liable to pay any fines or assessments resulting from failure to conform to same; (3) To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (4) To acquire real or personal property in its own name by purchase, lease, exchange, gift, or otherwise on such terms and conditions and in such a manner as it may deem proper, necessary, or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of, or dispose of the same in any manner it deems to the best advantage of the commission, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless at the time such THURSDAY, MARCH 16, 2006 3591 property is so acquired a sufficient sum of money shall be deposited in trust to pay and reduce the face value of such lien or encumbrance. (5) To appoint, select, and employ such officers, agents, and employees as shall be necessary in the judgment of the commission to accomplish the purposes of the commission, including accountants, auditors, attorneys, consulting engineers, and other professionals; to fix their respective compensation; and to provide for pension and retirement plans for these officers, agents, and employees. After the commission enters into an agreement to operate the unified system, existing water and sewer employees of the county and the city and former employees of the county who are employees of the company operating the county's water and sewer system shall be offered employment with the commission. The position offered to such persons and the terms of compensation are entirely within the discretion of the commission; (6) To formulate and adopt an annual operating budget of all its revenues and expenses. On or before May 1 of each year the commission shall submit its proposed budget to the county and the city for their comments before its adoption by the commission; (7) 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 constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the commission upon such terms and for such purposes as they deem advisable; (8) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act and to pay the cost of the project in whole or in part from the proceeds of revenue bonds of the commission or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any political subdivision, agency, or instrumentality thereof; (9) To borrow money for any of its corporate purposes and 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; (10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; (11) To enter into an operational agreement with the county and the city detailing the power of the commission to operate the unified system and the rights of the county, the city, and the commission during the period of such operation. The term of such agreement shall not exceed 50 years; (12) To be liable for payment of all charges and expenses of operating the unified system and to receive all income from the operation of the unified system, except that 3592 JOURNAL OF THE HOUSE the county and the city shall continue to receive income necessary to retire any existing indebtedness of their systems; (13) To prescribe, fix, and collect rates, fees, tolls, or charges and to revise from time to time and collect such rates, fees, tolls, or charges, provided that such rates, fees, tolls, or charges shall be calculated to cover only the cost of providing services; to provide capital to expand facilities; to maintain, replace, or expand existing facilities; to provide a reasonable reserve for operations; to fund bond sinking funds; or to fund sinking funds for other debt of the county or the city incurred to provide capital portions of their water or sewer system. The commission shall not operate the unified system at a profit; (14) To accept grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon terms and conditions as the United States of America or such agency or instrumentality may impose; (15) To accept grants of money, materials, or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (16) To accept grants of money, materials, or property of any kind from the city, the county, or any agency or instrumentality thereof upon terms and conditions as the city, the county, or such agency or instrumentality may impose; (17) To accept grants of money, materials, or property of any kind from any other source, private or public, provided that such grant or gift is not encumbered with any terms or conditions; (18) To insure its interest and the interest of the county and the city or any other entity with which it contracts in all assets leased or utilized by it; and (19) To do all things necessary or convenient to carry out the powers and duties expressly given in this Act. SECTION 8. The commission shall be charged with formulating a proposal for the standardization of county and city ordinances relating to water and sewer services. Such ordinances shall become effective only upon adoption by the governing authorities of the county and the city. SECTION 9. The commission, or any commission, authority, or other entity or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the commission created in this Act, shall have power and is authorized at one time, or from time to time, to borrow money for the purpose of paying all or any part of the cost, as defined in this Act, of any one or more projects and to provide by resolution for issuance of revenue bonds for that purpose. The bonds of each issue shall be dated, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the THURSDAY, MARCH 16, 2006 3593 commission, and may be made redeemable before maturity, at the option of the commission, at such price or prices and under such terms and conditions as may be fixed by the commission in the resolution providing for the issuance of the bonds. The interest rate or rates to be borne by any bonds and the time of payment of such interest shall be fixed, and with respect to any interest rate which floats in response to a variable, the method of calculation shall be fixed by the commission in the resolution providing for the issuance of all bonds. SECTION 10. The commission is authorized to provide by resolution for the issuance of refunding bonds of the commission for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon, and to refund any revenue bonds issued by the city, the county, or the commission with respect to any facilities to be acquired by the commission from the city, county, or other political subdivision or authority. SECTION 11. Any action to protect or enforce any rights under the provisions of this Act or any action against the commission shall be brought in the Superior Court of Glynn County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in such court, which shall have exclusive, original jurisdiction of such actions. SECTION 12. Bonds of the commission shall be confirmed and validated in accordance with the procedure provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," as now or hereafter amended. SECTION 13. The properties of the commission, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the city and county and not for purposes of private or corporate benefit and income. Such properties and the commission shall be exempt from all taxes of any city, county, the state, or any political subdivision thereof. SECTION 14. This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes thereof. SECTION 15. This Act does not in any way take from the county or the city the authority to own, operate, and maintain water, sanitary sewerage, and water pollution control facilities or to issue revenue bonds as provided by Chapter 82 of Title 36 of the O.C.G.A., the "Revenue 3594 JOURNAL OF THE HOUSE Bond Law"; but the powers granted by this Act to the commission shall be in addition to and cumulative of all other powers now or hereafter given to any municipal corporation or political subdivision of this state. SECTION 16. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendents of the City of Brunswick and Glynn County shall call and conduct elections as provided in this section for the purpose of submitting this Act to the electors of the City of Brunswick and to the electors of all that portion of Glynn County outside of the City of Brunswick for approval or rejection. The election superintendents shall conduct such elections on the date of the state-wide general primary in 2006 and shall issue the call and conduct those elections as provided by general law. The election superintendent of Glynn County shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Glynn County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which creates the Brunswick-Glynn County ( ) NO Joint Water and Sewer Commission?" 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 by the voters of the City of Brunswick and more than onehalf of the votes cast on such question by the voters of all that portion of Glynn County outside of the City of Brunswick are for approval of the Act, then Sections 1 through 15 of this Act shall become of full force and effect immediately. If the Act is not so approved by the voters of the City of Brunswick and the voters of all that portion of Glynn County outside the City of Brunswick or if the election is not conducted as provided in this section, Sections 1 through 15 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Brunswick and Glynn County. It shall be the election superintendents duties to certify the result thereof to the Secretary of State. SECTION 17. Except as otherwise provided in Section 16 of this Act, this Act shall be come effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 18. This Act shall stand repealed one year after the date on which this Act becomes effective under Section 16 of this Act unless as operational agreement between the City of Brunswick and Glynn County has been entered into under Section 7 of this Act prior to such latter date. THURSDAY, MARCH 16, 2006 3595 SECTION 19. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. HB 1610. By Representatives England of the 108th and Benton of the 31st: A BILL to be entitled an Act to amend an Act reincorporating the City of Winder, Georgia, in the County of Barrow, approved March 25, 1974 (Ga. L. 1974, p. 3476), as amended, so as to annex certain territory into the City of Winder and thereby change the corporate limits of such city; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1611. By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st: A BILL to be entitled an Act to amend an Act creating a board of elections and registration for Catoosa County, approved March 22, 1990 (Ga. L. 1990, p. 4371), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4251), so as to correct the terms of office of members of the board; to correct a typographical error; 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 1612. By Representatives Forster of the 3rd and Neal of the 1st: 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 provide for a limit on the number of terms which members of such board may serve; to 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 1613. By Representatives Murphy of the 23rd, Knox of the 24th and Amerson of the 9th: 3596 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend an Act creating the State Court of Forsyth County, approved April 15, 1996 (Ga. L. 1996, p. 4558), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5579), so as to change the compensation of the judges of the State Court of Forsyth County; 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. HB 1614. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4466), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1615. By Representatives Buckner of the 76th, Dodson of the 75th, Jordan of the 77th, Abdul-Salaam of the 74th and Sinkfield of the 60th: A BILL to be entitled an Act to establish the "Clayton County Commission on Children and Youth"; to provide for matters relative thereto; to provide an effective date; to provide for 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 1616. By Representatives Scott of the 2nd and Neal of the 1st: A BILL to be entitled an Act to provide a homestead exemption from Walker County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead after a threeyear phase in period for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 16, 2006 3597 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1617. By Representatives Buckner of the 76th, Dodson of the 75th, Jordan of the 77th, Abdul-Salaam of the 74th, Sinkfield of the 60th and others: A BILL to be entitled an Act to create a Heritage Trail Commission for Clayton County and to provide for its powers and duties; to provide for the composition of the commission and the selection and appointment of members; to provide for meetings, procedures, and operational bylaws; to provide for findings; to provide for automatic repeal; to provide for dissolution; to 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 609. By Senator Douglas of the 17th: A BILL to be entitled an Act to reincorporate and provide a new charter for the City of Hampton in Henry 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 an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson E Anderson Ashe Y Barnard Barnes Y Crawford Y Cummings N Davis Day Y Dean Y Dickson E Hill, C.A Holmes Holt Y Horne Y Houston Y Howard, E Y Martin Y Maxwell Y May Y McCall E McClinton Y Meadows Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw 3598 JOURNAL OF THE HOUSE 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 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 Dodson Dollar E Drenner Dukes Y Ehrhart Y England Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Freeman Y Gardner E Geisinger Golick Y Graves, D Y Graves, T Greene Hanner Y Harbin Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Henson E Hill, C Hudson Y Hugley Y Jackson Jacobs James E 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Millar Y Mills Mitchell Morgan Y Morris Mosby Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Y Oliver Y O'Neal Orrock Parham Y Parrish Y Parsons Y Porter Powell E Ralston Y Randall Y Ray Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sheldon Sims, C Y Sims, F E Sinkfield 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 Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bills, the ayes were 120, nays 1. The Bills, having received the requisite constitutional majority, were passed. Representatives Ashe of the 56th, Burns of the 157th, and Jacobs of the 80th 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. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the House: HB 560. By Representatives Martin of the 47th, Jones of the 46th and Geisinger of the 48th: THURSDAY, MARCH 16, 2006 3599 A BILL to be entitled an Act to amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment of taxable property, so as to change certain provisions regarding the circumstances under which county boards of tax assessors can change the valuation of real property established on appeal; to repeal conflicting laws; and for other purposes. HB 804. By Representatives Ralston of the 7th and Willard of the 49th: A BILL to be entitled an Act to amend Code Section 16-10-95 of the Official Code of Georgia Annotated, relating to barratry, so as to repeal said Code section; to repeal conflicting laws; and for other purposes. HB 954. By Representatives Geisinger of the 48th, Chambers of the 81st, Lindsey of the 54th, Millar of the 79th, Franklin of the 43rd and others: A BILL to be entitled an Act to amend Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public transportation, so as to delete a prohibition against the sale or exchange of tokens, transfers, transaction cards, or tickets without consent; to repeal conflicting laws; and for other purposes. HB 1067. By Representatives Forster of the 3rd, Davis of the 109th, Manning of the 32nd and Fludd of the 66th: 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 1213. By Representatives McCall of the 30th, Roberts of the 154th, Royal of the 171st, Rogers of the 26th, Powell of the 29th and others: A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to live poultry dealers, brokers, and market operators, so as to provide for disposal of dead poultry in accordance with methods for disposal of dead animals generally; to prohibit 3600 JOURNAL OF THE HOUSE certain slaughter of poultry on the premises of dealers, brokers, and sales establishments; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1348. By Representatives Lucas of the 139th, Randall of the 138th, Graves of the 137th, Freeman of the 140th and Cole of the 125th: A BILL to be entitled an Act to amend an Act entitled "Macon Water Commissioners Pension Plan," approved December 20, 1953 (Ga. L. 1953 November-December Session, p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3946), so as to provide a severance option for persons who terminate membership in such plan; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1523. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or over or disabled; 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 1524. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 62 years of age or over and whose income, excluding certain retirement income, does not exceed $10,000.00; 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 1525. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Banks County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; THURSDAY, MARCH 16, 2006 3601 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 1526. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide an additional homestead exemption from Stephens County ad valorem taxes for county purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or over or disabled; 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 1527. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Banks County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of the homestead for residents of that county who are 62 years of age or over and whose income, excluding certain retirement income, does not exceed $10,000.00; 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 1529. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide an additional homestead exemption from Stephens County school district ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or over or disabled; 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 1530. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Stephens County ad valorem taxes for county purposes for residents of that county who are disabled veterans or their unremarried surviving spouses, if deceased, on a current or subsequent homestead; to provide for definitions; to 3602 JOURNAL OF THE HOUSE 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 1531. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Stephens County school district ad valorem taxes for educational purposes for residents of that school district who are unremarried surviving spouses of United States service members killed in action to be received on a current or subsequent 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 1532. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Stephens County ad valorem taxes for county purposes for residents of that county who are unremarried surviving spouses of United States service members killed in action to be received on a current or subsequent 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 1533. By Representative Jamieson of the 28th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Stephens County, approved March 22, 1937 (Ga. L.1937, p. 1415), as amended, so as to reconstitute the board of commissioners as a fivemember board; to provide for definitions and inclusions; to provide for continuation in office of certain current board 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 for a referendum; to provide for automatic repeal under certain circumstances; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1534. By Representative Jamieson of the 28th: A BILL to be entitled an Act to provide a homestead exemption from Stephens County school district ad valorem taxes for educational purposes for THURSDAY, MARCH 16, 2006 3603 residents of that school district for disabled veterans or their unremarried surviving spouses, if deceased, on a current or subsequent 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 1554. By Representative Jenkins of the 8th: A BILL to be entitled an Act to amend an Act reincorporating the City of Clayton, approved August 17, 1909 (Ga. L. 1909, p. 600), as amended, so as to change and extend the corporate limits of said city; 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 173. By Representative Lunsford of the 110th: A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House: HB 543. By Representatives Casas of the 103rd, Hembree of the 67th, Maxwell of the 17th, Chambers of the 81st and Jones of the 46th: A BILL to be entitled an Act to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other public school personnel, so as to provide for the donation of sick leave from an employee of a local board of education to his or her spouse who is also an employee of the local board of education for certain purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has adopted by the requisite constitutional majority the following resolution of the House: 3604 JOURNAL OF THE HOUSE HR 1425. By Representatives Wilkinson of the 52nd, Yates of the 73rd, Porter of the 143rd, Reece of the 27th, Cole of the 125th and others: A RESOLUTION recognizing and commending the United Services Organization on its 65th anniversary; and for other purposes. The following members were recognized during the period of Morning Orders and addressed the House: Morgan of the 39th, Abdul-Salaam of the 74th, Brown of the 69th, Byrd of the 20th, Dean of the 59th, and Smith of the 129th. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1660. By Representatives Sheldon of the 105th, Coleman of the 97th and Reese of the 98th: A RESOLUTION commending the BEST Robotics team from Mill Creek High School and inviting its members to the House of Representatives; and for other purposes. HR 1699. By Representatives Loudermilk of the 14th, Lunsford of the 110th, Scheid of the 22nd, Day of the 163rd and Jackson of the 161st: A RESOLUTION recognizing the Civil Air Patrol for its service to the citizens of Georgia and inviting certain members to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1857. By Representatives Abdul-Salaam of the 74th, Hill of the 180th, Brooks of the 63rd, Morgan of the 39th, Stanley-Turner of the 53rd and others: A RESOLUTION commending Dr. Mirian E. Chivers and inviting her to appear before the House of Representatives; and for other purposes. HR 1858. By Representatives Abdul-Salaam of the 74th, Hill of the 180th, Brooks of the 63rd, Morgan of the 39th, Stanley-Turner of the 53rd and others: A RESOLUTION commending Mrs. Daisy L. Harris and inviting her to appear before the House of Representatives; and for other purposes. THURSDAY, MARCH 16, 2006 3605 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 472. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to revise and change the employees suggestion and award program; to provide for the meritorious award program; to provide for definitions; to provide for establishment and implementation; to provide for powers, duties, and authority of the state personnel board and the commissioner of personnel administration; to provide for agency committees; to provide for awards; to provide for applicability and nonapplicability of certain retirement benefit provisions with respect to such awards; 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: Representatives Loudermilk of the 14th and Harbin of the 118th move to amend SB 472 as follows: Page 3 Line 21 after "authorities" strike "May" and insert "Shall". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Abdul-Salaam N Amerson E Anderson Y Ashe Y Barnard Barnes Y Bearden E 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 Y Davis Y Day Dean Y Dickson Y Dodson Dollar E Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd E Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jennings Johnson Jones, J Y Jones, S Jordan Martin Maxwell Y May McCall E McClinton Y Meadows Y Millar Y Mills Mitchell Morgan Y Morris Mosby Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y Sailor Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner 3606 JOURNAL OF THE HOUSE Y Buckner, D Y Buckner, G Y Burkhalter Burmeister Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Coan Y Cole Coleman, B Coleman, T Y Cooper Y Cox Y Forster Y Franklin Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson E Hill, C Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, as amended, the ayes were 140, nays 1. The Bill, having received the requisite constitutional majority, was passed, as amended. Representatives Burns of the 157th and Jones of the 46th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. SB 209. By Senators Stoner of the 6th, Butler of the 55th, Pearson of the 51st and Hill of the 32nd: A BILL to be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to change the time period for issuance of a commission order after a hearing regarding a gas supply plan and adjustment factors filed by a gas utility; to repeal conflicting laws, and for other purposes. The following amendment was read and adopted: Representatives Rogers of the 26th and Harbin of the 118th move to amend SB 209 as follows: Line 23 strike ninetieth to sixtieth. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. THURSDAY, MARCH 16, 2006 3607 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 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 Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson E Hill, C E Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James E 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 E 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 Millar Y Mills 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 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 E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson 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 157, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. The following Resolutions of the House were read and adopted: HR 1862. By Representative Murphy of the 120th: A RESOLUTION commending and saluting the exemplary civic, cultural, 3608 JOURNAL OF THE HOUSE and professional achievements of Timothy B. Miller of Atlanta; and for other purposes. HR 1863. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, John Hudson; and for other purposes. HR 1864. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Charity Burnette; and for other purposes. HR 1865. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Antoinette Bass; and for other purposes. HR 1866. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Samantha Duthler; and for other purposes. HR 1867. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Terrance Nelson; and for other purposes. HR 1868. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Dan Elmore and for other purposes. HR 1869. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Ramona Warren; and for other purposes. THURSDAY, MARCH 16, 2006 3609 HR 1870. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Bessie Brown; and for other purposes. HR 1871. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Matt Williams; and for other purposes. HR 1872. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Leslie Brown; and for other purposes. HR 1873. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Lisa Marshall; and for other purposes. HR 1874. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Rita Daniel; and for other purposes. HR 1875. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Matt Houseworth; and for other purposes. HR 1876. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Dr. Scott Roberts; and for other purposes. 3610 JOURNAL OF THE HOUSE HR 1877. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, David Wallace; and for other purposes. HR 1878. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Brenda Saltimachio; and for other purposes. HR 1879. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Connie Maddox; and for other purposes. HR 1880. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Frank Crowe; and for other purposes. HR 1881. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Becky Jones; and for other purposes. HR 1882. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Betty Harper; and for other purposes. HR 1883. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Stevie Young; and for other purposes. THURSDAY, MARCH 16, 2006 3611 HR 1884. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Michael Stalb; and for other purposes. HR 1885. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Jennifer Vining; and for other purposes. HR 1886. By Representatives Buckner of the 76th, Dodson of the 75th, Jordan of the 77th, Barnes of the 78th and Abdul-Salaam of the 74th: A RESOLUTION honoring Christian Missionary Baptist Church on its 20th Anniversary; and for other purposes. HR 1888. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending a future leader, Nell Pate; and for other purposes. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the House: HR 1834. By Representatives Keen of the 179th and Fleming of the 117th: A RESOLUTION relative to adjournment; 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: 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: 3612 JOURNAL OF THE HOUSE SB 480 SB 507 SR 785 Do Pass Do Pass Do Pass Respectfully submitted, /s/ Cooper of the 41st 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 465 SB 466 SB 467 Do Pass Do Pass Do Pass SB 469 Do Pass SB 534 Do Pass Respectfully submitted, /s/ Willard of the 49th Chairman Representative Lewis of the 15th District, Chairman of the Committee on Public Utilities and Telecommunications, submitted the following report: Mr. Speaker: Your Committee on Public Utilities and Telecommunications has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 532 Do Pass, by Substitute Respectfully submitted, /s/ Lewis of the 15th Chairman Representative Bridges of the 10th District, Chairman of the Committee on Retirement, submitted the following report: THURSDAY, MARCH 16, 2006 3613 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: SB 177 Do Pass SB 244 Do Pass, by Substitute Respectfully submitted, /s/ Bridges of the 10th Chairman The Speaker announced the House in recess until 5:00 o'clock, 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 o'clock, P.M., Monday, March 20, 2006. 3614 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Monday, March 20, 2006 The House met pursuant to adjournment at 1:00 o'clock, P.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Abdul-Salaam E Anderson Ashe Barnard Bearden E Beasley-Teague Benton Black E Borders Bridges Brooks Brown Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Byrd Carter Casas Chambers Cheokas Cole Cooper Cox Crawford Cummings Davis Dickson Dodson E Drenner E Dukes Ehrhart England Everson Fleming Floyd, J Forster Franklin Freeman Geisinger E Graves, D Graves, T Greene Hanner Hatfield Heard, J Heard, K E Heckstall Hembree Hill, C.A Holmes Holt Horne Houston Howard, E Hugley E Jackson Jacobs E James Jamieson Jenkins Jennings Johnson Jones, J Jones, S Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Lucas Maddox Manning Marin Martin May McCall Meadows Mills Mitchell Morris Mosley Mumford Murphy, J Murphy, Q O'Neal Orrock Parham Parrish Parsons Porter Ralston Randall Ray Reece, B Reece, S Reese Roberts Royal Rynders E Scheid Scott, A Scott, M Setzler Shaw Sheldon Sims, F E Sinkfield Smith, L Smith, P Smith, R Smith, T Smith, V Talton Teilhet Thomas, A.M Thomas, B Tumlin 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 Amerson of the 9th, Barnes of the 78th, Benfield of the 85th, Bordeaux of the 162nd, Burns of the 157th, Butler of the 18th, Channell of the 116th, Coan of the 101st, Coleman of the 144th, Coleman of the 97th, Dean of the 59th, Dollar of the 45th, Fludd of the 66th, Gardner of the 57th, Golick of the 34th, Harbin of the 118th, Hill of the 21st, Hudson of the 124th, Jordan of the 77th, Loudermilk of the 14th, Lunsford of the 110th, Mangham of the 94th, Maxwell of the 17th, Millar of the 79th, Mosby of the 90th, Oliver of the 83rd, Powell of the 29th, Rice of the 51st, Rogers of the 26th, Sims of the 169th, Smith of the 113th, Stanley-Turner of the 53rd, Stephenson of the 92nd, Walker of the 107th, and Willard of the 49th. MONDAY, MARCH 20, 2006 3615 They wish to be recorded as present. Prayer was offered by Dr. Brad Hicks, Wynnbrook Baptist Church, Columbus, 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 1635. By Representative Greene of the 149th: A BILL to be entitled an Act to authorize the Magistrate Court of Early County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. 3616 JOURNAL OF THE HOUSE HB 1636. By Representatives Cooper of the 41st, Tumlin of the 38th, Parsons of the 42nd, Jones of the 44th, Wix of the 33rd 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 6, 2005 (Ga. L. 2005, p. 3846), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 1859. By Representatives Abdul-Salaam of the 74th, Brooks of the 63rd, Morgan of the 39th, Smyre of the 132nd, Stanley-Turner of the 53rd and others: A RESOLUTION declaring Coretta Scott King Day in Georgia; and for other purposes. Referred to the Committee on Special Rules. HR 1860. By Representatives Coleman of the 144th, Burkhalter of the 50th, Greene of the 149th, Parrish of the 156th, O`Neal of the 146th and others: A RESOLUTION commending Taiwan on its contributions to the global economy, the promotion of world peace, freedom, and human rights and supporting its efforts to join the World Health Organization, the United Nations, and other international organizations as well as efforts to enter into a free trade agreement with the United States; and for other purposes. Referred to the Committee on Special Rules. HR 1861. By Representatives Smith of the 113th, Crawford of the 127th, Smith of the 70th, Burkhalter of the 50th, Lewis of the 15th and others: A RESOLUTION urging the Governor to continue his pursuit of the National Bio and Agro-Defense Facility for Georgia and expressing the House's support of his efforts; and for other purposes. Referred to the Committee on Defense & Veterans Affairs. HR 1887. By Representatives Scheid of the 22nd, Brown of the 69th, Bruce of the 64th and O`Neal of the 146th: MONDAY, MARCH 20, 2006 3617 A RESOLUTION creating the House Study Committee on Parental Involvement in Schools; and for other purposes. Referred to the Committee on Children & Youth. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 1627 HB 1628 HB 1629 HB 1630 HB 1631 HB 1632 HB 1633 HB 1634 HR 1833 HR 1856 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 236 Do Pass, by Substitute SB 384 Do Pass SB 385 Do Pass, by Substitute SB 531 Do Pass Respectfully submitted, /s/ Knox of the 24th Chairman Representative Chambers of the 81st District Chairman of the Committee on MARTOC, submitted the following report: Mr. Speaker: Your Committee on MARTOC 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 114 Do Pass, by Substitute Respectfully submitted, /s/ Chambers of the 81st Chairman 3618 JOURNAL OF THE HOUSE 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 400 Do Pass, by Substitute SB 570 Do Pass SB 619 Do Pass SB 637 Do Pass, by Substitute Respectfully submitted, /s/ Rice of the 51st 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 260 Do Pass Respectfully submitted, /s/ Ehrhart of the 36th 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 1394 Do Pass Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: MONDAY, MARCH 20, 2006 3619 HB 1620 Do Pass HB 1621 Do Pass HB 1622 Do Pass HB 1623 Do Pass HB 1624 Do Pass HB 1626 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 484 HR 485 HR 1662 SB 285 SR 126 SR 433 Do Pass Do Pass Do Pass Do Pass, by Substitute Do Pass Do Pass SR 434 SR 849 SR 864 SR 1093 SR 1094 Do Pass Do Pass, by Substitute Do Pass Do Pass 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 MONDAY, MARCH 20, 2006 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 195 Georgia Museum Property Act; establish ownership loaned to museums/archives 3620 JOURNAL OF THE HOUSE SB 210 SB 399 SB 441 SB 592 SR 823 Public Service Commission; superior court filing; provide venue, judgement Municipal Corporation; special services district; within 3 miles of noncontiguous area treated as same noncontiguous area Milk; milk products; standards and requirements; change certain provisions Disposition of Surplus Property; sale of certain property by fixed price; change provisions Public Property; conveyance; 13 counties Modified Open Rule None Modified Structured Rule SB 79 Education; local boards; additional elective courses; provide state funding Structured Rule SB 25 Divorce; change time limit; effect on children; require education classes 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 1620. By Representatives Mangham of the 94th, Watson of the 91st, Stephenson of the 92nd, Mosby of the 90th, Orrock of the 58th and others: A BILL to be entitled an Act to provide a new charter for the City of Lithonia in DeKalb County, Georgia; 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 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 thereto; to provide for administrative responsibilities; to MONDAY, MARCH 20, 2006 3621 provide for boards, commissions, and authorities and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for severability; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1622. By Representative Burns of the 157th: A BILL to be entitled an Act to amend an Act providing for the election of the members of the board of education of Screven County, approved April 1, 2002 (Ga. L. 2002, p. 3659), so as to so as to change certain provisions regarding the compensation of the members of such board; 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 1623. By Representative Mosley of the 178th: A BILL to be entitled an Act to create a board of elections and registration for Brantley 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 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1624. By Representatives Scott of the 153rd and Roberts of the 154th: A BILL to be entitled an Act to amend an Act creating and establishing the State Court of Tift County, approved March 30, 1971 (Ga. L. 1971, p. 2468), as amended, so as to prohibit the judge of such court from engaging in the 3622 JOURNAL OF THE HOUSE practice of law; to provide for the compensation of such judge; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1626. By Representatives Burns of the 157th and Carter of the 159th: A BILL to be entitled an Act to annex certain territory into the City of Guyton and change the corporate limits of the city; to provide for related matters; to provide for a referendum; to provide for submission; to provide effective dates; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Barnes Y Bearden E Beasley-Teague Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Crawford Y Cummings Y Davis Day Y Dean Y Dickson Y Dodson Dollar Y Drenner E Dukes Y Ehrhart Y England Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Forster Y Franklin Y Freeman Gardner Y Geisinger Golick E Graves, D Y Graves, T Y Greene Y Hanner Harbin Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y 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 Martin Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Mills Y Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Powell Y Ralston Y Randall Y Ray Y Reece, B Sailor E Scheid Y Scott, A Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson MONDAY, MARCH 20, 2006 3623 Y Cheokas Y Coan Cole Y Coleman, B Coleman, T Cooper Y Cox Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Hill, C Y Loudermilk Lucas Y Lunsford Maddox Y Mangham Manning Y Marin Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Willard Y Williams, A Y Williams, E Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bills, the ayes were 139, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representative Hill of the 21st 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 1621. By Representative Burns of the 157th: A BILL to be entitled an Act to amend an Act creating a new board of education of Jenkins County, approved April 3, 1968 (Ga. L. 1968, p. 2965), 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 provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Barnes Y Bearden E Beasley-Teague Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Crawford Y Cummings Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner E Dukes Y Ehrhart Y England Epps Y Everson Fleming Y Floyd, H Y Floyd, J Fludd Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Jordan Y Martin Maxwell May Y McCall Y McClinton Y Meadows Y Millar Y Mills Y Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Oliver Sailor E Scheid Y Scott, A Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner 3624 JOURNAL OF THE HOUSE 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 Coleman, T Cooper Y Cox Forster Franklin Y Freeman Y Gardner Y Geisinger Golick E Graves, D Y Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Hill, C Y Keen Y Keown Y Kidd Knight Y Knox Y Lakly Y Lane, B Y Lane, R Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Maddox Y Mangham Y Manning Y Marin 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 Reese Rice Y Roberts Y Rogers Y Royal Y Rynders 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 On the passage of the Bill, the ayes were 132, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Hill of the 21st 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. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 664. By Senator Pearson of the 51st: A BILL to be entitled an Act to create the Pickens County Airport 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 prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost MONDAY, MARCH 20, 2006 3625 or mutilated documents; to provide for conditions for issuance; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 749. By Representatives Cummings of the 16th and Forster of the 3rd: A BILL to be entitled an Act to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, so as to provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable service on a monthly basis; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 809. By Representatives Knight of the 126th, Lunsford of the 110th and Yates of the 73rd: A BILL to be entitled an Act to amend Code Section 47-14-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits in the Superior Court Clerk's Retirement Fund, additional or partial retirement benefits, and election to provide both retirement and survivors benefits, so as to provide that certain persons who elected a survivors benefit and whose spouse predeceased him or her shall receive a postretirement benefit adjustment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 989. By Representatives Fleming of the 117th, Willard of the 49th, Ralston of the 7th and Hatfield of the 177th: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to change sunset dates for real estate or personal property filing fees; to change a sunset date relating to the state-wide uniform automated information system; to change a sunset date relating to collection and remittance of real estate or personal property filing fees; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 999. By Representatives Maddox of the 172nd, Burkhalter of the 50th, Keen of the 179th, McCall of the 30th, Ray of the 136th and others: A BILL to be entitled an Act to amend Chapter 50 of Title 43 of the O.C.G.A., relating to veterinarians and veterinary technicians, so as to change certain provisions relating to definitions relative to such chapter; to change certain provisions relating to exemptions from licensing and registration requirements; to change certain provisions relating to veterinary technicians; 3626 JOURNAL OF THE HOUSE to provide for legislative purpose; to authorize the practice of veterinary technology by veterinary technicians under certain circumstances; to change certain provisions relating to application for registration as veterinary technician, qualifications, examination, renewal, applicants registered in other states, and responsibility of the State Board of Veterinary Medicine; to change certain provisions relating to scheduling and administration of examinations, reexamination, and reactivation; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1042. By Representatives Williams of the 4th, Dickson of the 6th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 48-7-33 of the Official Code of Georgia Annotated, relating to annual accounting periods, so as to provide for treatment of 52-53 week taxable years; to provide for powers, duties, and authority of the state revenue commissioner; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1055. By Representatives Keown of the 173rd, Freeman of the 140th, Hill of the 21st, Setzler of the 35th, Black of the 174th and others: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for a short title; to provide for the adoption and implementation of Internet safety policies in public schools; to provide for the adoption and implementation of Internet safety policies in public libraries; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1151. By Representatives Cole of the 125th, Roberts of the 154th, Smith of the 129th and Golick of the 34th: A BILL to be entitled an Act to amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, so as to provide that the Board of Trustees of the Employees Retirement System of Georgia shall be the successor to the Employee Benefit Council for the purpose of administering certain deferred compensation plans; to provide for the transfer of certain accounts and funds; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1375. By Representatives Stephens of the 164th, Bordeaux of the 162nd, Jackson of the 161st and Bryant of the 160th: MONDAY, MARCH 20, 2006 3627 A BILL to be entitled an Act to authorize the City of Savannah 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 1475. By Representative Ralston of the 7th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ellijay in Gilmer County, approved April 11, 1979 (Ga. L. 1979, p. 3881), so as to change the corporate limits of the city; to provide for the inclusion of certain additional territory as a part of the City of Ellijay; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1557. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend an Act to re-create and reincorporate the City of Collins, approved April 17, 1975 (Ga. L. 1975, p. 3792), so as to repeal a provision relating to limitations on terms of service; to provide for other 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 871. By Senator Reed of the 35th: A RESOLUTION to repeal the amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within such district; to provide for a referendum with respect to the effectiveness of the foregoing; to 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 251. By Representatives Bridges of the 10th, Cummings of the 16th, Coleman of the 97th and Forster of the 3rd: A BILL to be entitled an Act to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refund of dues under the Judges of the Probate Courts Retirement Fund of 3628 JOURNAL OF THE HOUSE Georgia, so as to provide that a member who is unmarried at the time of retirement may elect a retirement option of an actuarially reduced amount with payment made to a designated surviving beneficiary; to provide that a member who is married at the time of retirement may make such an election with the consent of his or her spouse; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. 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 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. By unanimous consent, the following Bill and Resolution of the Senate were read the first time and referred to the Committees: SB 664. By Senator Pearson of the 51st: A BILL to be entitled an Act to create the Pickens County Airport 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 prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for conditions for issuance; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SR 871. By Senator Reed of the 35th: A RESOLUTION to repeal the amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within such district; to provide for a referendum MONDAY, MARCH 20, 2006 3629 with respect to the effectiveness of the foregoing; to repeal conflicting laws; and for other purposes Referred to the Committee on State Planning & Community Affairs. The following members were recognized during the period of Morning Orders and addressed the House: McCall of the 30th, McClinton of the 84th, Smith of the 168th, and Sims of the 151st. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1394. By Representative Hembree of the 67th: A RESOLUTION commending Shelley Backstrom, Laura Bailey, Megan Livingston, and Lauren Sproul, winners of the 2006 "What Would You Say?" contest, and inviting them to appear before the House of Representatives; and for other purposes. The following Resolution of the House was read and referred to the Committee on Rules: HR 1891. By Representatives Buckner of the 76th, Dodson of the 75th, Barnes of the 78th, Heckstall of the 62nd, Jordan of the 77th and others: A RESOLUTION congratulating the Jonesboro High School mock trial team on winning the Georgia Mock Trial Competition and inviting its members and coaches to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time: SB 592. By Senators Grant of the 25th, Hill of the 4th, Kemp of the 46th and Harp of the 29th: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the disposition of surplus property, so as to provide for the sale of certain property by fixed price; to permit the negotiated sale of surplus property to charitable institutions; to change certain provisions relating to the disposition of surplus property by 3630 JOURNAL OF THE HOUSE the Department of Administrative Services; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the disposition of surplus property, so as to provide for the sale of certain property by fixed price; to permit the negotiated sale of surplus property to charitable institutions; to change certain provisions relating to the disposition of surplus property by the Department of Administrative Services; 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. Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to disposition of surplus property, is amended by striking Code Section 50-5-141, relating to the transfer, sale, trade, or destruction of property, in its entirety and inserting a new Code Section 50-5-141 to read as follows: "50-5-141. (a) The Department of Administrative Services is authorized and it shall be its duty to dispose of surplus property by one of the following means: (1) Transfer transfer to other state agencies, or; (2) Sell to sell to the highest responsible bidder for cash, or; (3) Sell by fixed price; provided, however, that surplus property sold by fixed price shall have been originally purchased by the state for an amount of $5,000.00 or less; (4) Trade trade in such surplus property on the purchase of new equipment if the Department of Administrative Services shall determine that such action is for the best interest of the state, or,; or (5) Where where the Department of Administrative Services shall determine that the surplus property has no value or that the cost of maintaining and selling the surplus property exceeds the anticipated proceeds from the sell of the surplus property, shall order its by destruction and disposal and order its of removal from the inventory of the department, institution, or agency with such action noted thereon. (b) No employee of the Department of Administrative Services or such employee's immediate family member shall purchase surplus property sold by fixed price or negotiated sale; nor shall any person purchase surplus property by fixed price or negotiated sale for the direct or indirect benefit of any such employee or employee's immediate family member." MONDAY, MARCH 20, 2006 3631 SECTION 2. Said article is further amended by striking Code Section 50-5-142, relating to the commissioner's authority to promulgate rules and regulations, in its entirety and inserting a new Code Section 50-5-142 to read as follows: "50-5-142. The commissioner of administrative services shall promulgate such rules and regulations as may be required to carry out Code Sections 50-5-140, 50-5-141, 50-5143, 50-5-144, and 50-5-146 and shall establish procedures for the disposition of surplus property, including the manner whereby the sale of surplus property shall be advertised and competitive bids for the purchase thereof shall be secured, pursuant to Code Section 50-5-141." SECTION 3. Said article is further amended by striking Code Section 50-5-144, relating to the transfer of surplus property to private health or educational institutions or public corporations by negotiated sale, in its entirety and inserting a new Code Section 50-5-144 to read as follows: "50-5-144. (a) As used in this Code section, the term: (1) 'Charitable institution' 'Private health or educational institution' means any private, nonprofit tax-exempt person, firm, or corporation providing health or educational services within this state. (2) 'Public corporation' means any public authority or other public corporation created by or pursuant to state law. (b) In addition to any other authority provided by Code Sections 50-5-140 through 505-143, this Code section, and Code Section 50-5-146, the Department of Administrative Services shall be authorized to dispose of surplus property, including surplus property subject to paragraph (7) of Code Section 50-5-51, by the transfer of the property to any private health or educational charitable institution or public corporation through a negotiated sale if the department determines that such sale would be in the best interests of the state, and, under the circumstances, the negotiated sales price would constitute a reasonable consideration for the property. (c) When any surplus property is sold to a private health or educational charitable institution or to a public corporation pursuant to subsection (b) of this Code section, the sale shall be subject to the following conditions: (1) The property shall not be resold by the purchaser within one year after the sale without the written consent of the Department of Administrative Services; and (2) The Department of Administrative Services shall have the right and obligation to supervise the resale of the property at public outcry to the highest responsible bidder if the resale is within one year after the sale and, if the resale price exceeds the original negotiated sales price, the amount of the excess shall be paid to the Department of Administrative Services." 3632 JOURNAL OF THE HOUSE SECTION 4. Said article is further amended by striking Code Section 50-5-146, relating to penalties, in its entirety and inserting a new Code Section 50-5-146 to read as follows: "50-5-146. Any person official, officer, or employee of the state who causes state property having a value of less than $200.00 to be disposed of in violation of Code Section 50-5-141 or 50-5-142 this article shall be guilty of a misdemeanor. If such property has a value of $200.00 or more, he or she shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years." SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, 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 E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick E Graves, D Y Graves, T Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins Y Jennings 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 Martin Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar 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 Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker MONDAY, MARCH 20, 2006 3633 Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Greene Y Hanner Y Harbin Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Hill, C Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Randall Y Ray Y Reece, B Y Reece, S Y Reese 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 Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 150, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Hill of the 21st, Rice of the 51st, and Yates of the 73rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. SB 399. By Senators Shafer of the 48th, Zamarripa of the 36th, Moody of the 56th, Reed of the 35th and Hill of the 32nd: A BILL to be entitled an Act to amend Code Section 36-31-12 of the Official Code of Georgia Annotated, relating to special services districts divided into noncontiguous areas, so as to provide that a noncontiguous area within three miles of another noncontiguous area may be treated as the same noncontiguous area; 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 E Anderson Y Ashe Y Barnard Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Martin Y Maxwell May Y McCall Y McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Sims, F E Sinkfield Y Smith, B Y Smith, L 3634 JOURNAL OF THE HOUSE E 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 Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick E Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Hill, C Y Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y 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 Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Hill of the 21st 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. SR 823. By Senators Grant of the 25th, Stephens of the 27th, Thomas of the 54th, Golden of the 8th, Williams of the 19th and others: A RESOLUTION authorizing the conveyance of certain state owned real property located in Appling County, Georgia; Baldwin and Wilkinson County, Georgia; Bibb County, Georgia; Bulloch County, Georgia; Emanuel County, Georgia; Fannin County, Georgia; Forsyth County, Georgia; Gilmer County, Georgia; Gwinnett County, Georgia; Lowndes County, Georgia; Screven County, Georgia; Terrell County, Georgia; Whitfield County, Georgia; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION Authorizing the conveyance of certain state owned real property located in Appling MONDAY, MARCH 20, 2006 3635 County, Georgia; authorizing the conveyance of state owned real property located in Baldwin and Wilkinson County, Georgia; authorizing the conveyance of state owned real property located in Bibb County, Georgia; authorizing the conveyance of state owned real property located in Bulloch County, Georgia; authorizing the conveyance of state owned real property located in Emanuel County, Georgia; authorizing the conveyance of state owned real property located in Fannin County, Georgia; authorizing the conveyance of state owned real property located in Forsyth County, Georgia; authorizing the conveyance of state owned real property located in Gilmer County, Georgia; authorizing the conveyance of state owned real property located in Gwinnett County, Georgia; authorizing the conveyance of state owned real property located in Hall County, Georgia; authorizing the conveyance of state owned real property located in Lowndes County, Georgia; authorizing the conveyance of state owned real property located in Screven County, Georgia; authorizing the conveyance of state owned real property located in Telfair County, Georgia; authorizing the conveyance of state owned real property located in Terrell County, Georgia; authorizing the conveyance of state owned real property located in Whitfield County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS: (1) State of Georgia is the owner of a certain parcel of real property located in Appling County, Georgia; (2) Said real property is all that tract or parcel of land containing 0.637 acres, more or less, and situated, lying and being in the city of Baxley, Georgia, and being more particularly described as follows: Starting where the Southern boundary of Industrial Drive intersects the Eastern right of way of Comas Street and running in a Southwesterly direction along the Southern Boundary of Industrial Drive to an established point; thence in a Southwesterly direction from said established point a distance of 106 feet along the Southern boundary of Industrial Drive to an established point; thence South 7 degrees 00 minutes West a distance of 160 feet to the POINT OF BEGINNING; thence South 79 degrees 30 minutes East a distance of 70 feet to a point; thence South 00 minutes West a distance of 557 feet; thence North 79 degrees 30 minutes West a distance of 70 feet to a point; thence North 7 degrees 00 minutes East a distance of 557 feet to the POINT OF BEGINNING; as described on that certain deed of conveyance to the State of Georgia being recorded as Real Property Record Number 003981 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 Agriculture and was used as a livestock barn and show arena; (4) The Department of Agriculture currently leases the above-described property to Appling County, and by letter dated October 12, 2005, the Commissioner of Agriculture declared the property surplus; 3636 JOURNAL OF THE HOUSE (5) The above-described property was conveyed to the State of Georgia in April, 1969, from the Tri-County Fair Inc., a Georgia Corporation under the direction of Appling County, Georgia, for a consideration of $10.00; (6) Appling 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 Baldwin and Wilkinson County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in GMD 328, 1714 and 115 of Baldwin and Wilkinson County, Georgia, containing approximately 576 acres, as shown on plat and outlined in yellow attached to that certain letter from Rick Hatten, Chief of Forest Management, Georgia Forestry Commission, to Mr. Frank Wall, Chairman of Call Line Industrial Authority, dated September 21, 2005, and 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 parcel is a portion of Bartram Forest now under the custody of the Georgia Forestry Commission; (4) The Georgia Department of Transportation intends to construct the "Fall Line Freeway" which will bisect Bartram Forest and the Fall Line Development Authority is desirous of constructing an industrial park at the intersection of the US Highway 441 and said Fall Line Freeway; (5) It has been determined that the development of said industrial park on the abovedescribed property would be of great economic benefit to the citizens of Baldwin and Wilkinson Counties; (6) The Georgia Forestry Commission, by letter from the director dated September 21, 2005, agrees to the conveyance to the Fall Line Industrial Development Authority with the provision that Georgia Forestry Commission retains timber rights on the 576 +/- acre tract for management and harvesting until such time as the actual conversion of the land use; (7) No conveyance shall be made until the Georgia Forestry Commission formally agrees on the exact acreage to be conveyed to the Fall Line Industrial Development Authority; (8) It would be in the best interest of the State of Georgia to convey the abovedescribed property to the Fall Line Development Authority for the fair market value; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bibb County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 156 of the 4th Land District in the City of Macon containing 10 acres, more or less, as MONDAY, MARCH 20, 2006 3637 shown on a plat of survey dated April 19, 1973, containing 5.58 acres prepared by S. J. Gostin Company, Inc. and being on file in the offices of the State Properties Commission as Real Property Record Number 5740, and a portion consisting of approximately 7 acres of that certain tract of land also lying and being in Land Lot 156 of the 4th Land District in the City of Macon containing 23.89 acres, more or less, prepared by S. J. Gostin Company, Inc. and being on file in the offices of the State Properties Commission as Real Property Record Number 5708, 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 located adjacent to the Macon Farmer's Market; (4) The Department of Agriculture currently leases the above-described property to Bibb County, and by letter dated October 31, 2005, the Commissioner of Agriculture declared the property surplus; (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 Bulloch County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 1547th G. M. District of Bulloch County, Georgia, containing 1.148 acres fronting Southwest of Georgia Highway No. 67, all as shown on a Certificate of Survey prepared by Lamar O. Reddick and dated April 1, 1971, and recorded in Plat Book 10, Page 194, Bulloch County Records, and described according to metes and bounds as follows: BEGINNING at a point on the Northeast boundary of Georgia Highway No. 67, which point is located 546 feet Southeast of Statesboro Kiwanis Club line as measured along the Northeast boundary of Georgia Highway No. 67, and proceeding thence South 29 degrees 30 minutes East a distance of 250.0 feet as measured along the Northeast boundary of Georgia Highway No. 67 to a point; thence North 59 degrees 30 minutes East a distance of 200.0 feet as measured along lands of Statesboro Kiwanis Club to a point; thence North 29 degrees 30 minutes West a distance of 250.0 feet as measured along lands of Statesboro Kiwanis Club to a point; and thence South 59 degrees 30 minutes West a distance of 200.0 feet as measured along lands of Statesboro Kiwanis Club to the point of BEGINNING; as described on that certain deed of conveyance to the State of Georgia being recorded as Real Property Record Number 5215 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 Agriculture and was used as a livestock barn and show arena; 3638 JOURNAL OF THE HOUSE (4) The Department of Agriculture currently leases the above-described property to Bulloch County, and by letter dated October 12, 2005, the Commissioner of Agriculture declared the property surplus; (5) The above-described property was conveyed to the State of Georgia from Bulloch County, Georgia in June, 1971, for a consideration of $10.00; (6) Bulloch 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 Emanuel County, Georgia; (2) Said real property is all that tract or parcel of land lying, situate, and being in the 53rd G. M. District of Emanuel County, Georgia, containing One and Sixty-Six OneHundredths (1.66) acres, more or less, and bounded North by a County Road; East, South, and West by other lands of Emanuel County. Said property is more minutely described by plat made by C. L. Gillis, Sr., Surveyor, dated June 26, 1969, which is recorded in the Office of Clerk, Emanuel Superior Court, in Plat Book 5, Page 92; as described on that certain deed of conveyance to the State of Georgia being recorded as Real Property Number 004001 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 Agriculture and was used as a livestock barn and show arena; (4) The Department of Agriculture currently leases the above-described property to Emanuel County, and by letter dated October 12, 2005, the Commissioner of Agriculture declared the property surplus; (5) The above-described property was conveyed to the State of Georgia from Emanuel County, Georgia in June 1969 for a consideration of $10.00; (6) Emanuel 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 Fannin County, Georgia; (2) Said real property is all that tract or parcel of land containing 3.56 acres, more or less, situated, lying and being in Land Lot 315, 8th District and 2nd Section of Fannin County, Georgia, and located within the corporate city limits of the City of Blue Ridge and being more exactly described as follows: BEGINNING at a point on the South right of way line of Willingham Circle said point being marked by an iron pipe and located South 68 degrees, 15 minutes, 28 seconds, West 1035.35 feet from the iron pipe which marks the Northeast corner of said lot of land to its intersection with the East right of way line of Georgia Highway 5 said intersection being marked by an MONDAY, MARCH 20, 2006 3639 iron pipe, the traverse being as follows: South 63 degrees, 16 minutes West 224.30 feet, South 59 degrees, 37 minutes West, 369.06 feet; thence South 30 degrees, 50 minutes East, 100.00 feet to a point marked by an iron pipe; thence North 66 degrees, 10 minutes East 490.00 feet to a point marked by an iron pipe; thence North 8 degrees, 19 minutes West 218.00 feet to a point marked by an iron pipe; thence North 48 degrees, 42 minutes West 87.95 feet to the point of BEGINNING, as described on that certain deed of conveyance to the State of Georgia being recorded as Real Property Record Number 539 and being on file in the offices of the State Properties Commission, less and except that certain .10 of one acre, more or less, tract of land which was conveyed by the State of Georgia to the City of Blue Ridge, Georgia by QuitClaim Deed dated February 19, 1988, and on file in the offices of the State Properties Commission and recorded as Real Property Record Number 7520, 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 has been used as the Blue Ridge State Farmer's Market; (4) The Department of Agriculture currently leases the above-described property to Fannin County, and by letter dated October 13, 2005, the Commissioner of Agriculture declared the property surplus; (5) The above-described property was conveyed to the State of Georgia in February, 1957, from the City of Blue Ridge, Fannin County, Georgia for a consideration of $10.00; (6) The City of Blue Ridge is desirous of acquiring the above-described property for public purpose; and WHEREAS: (1) The State of Georgia is the owner of two certain parcels of real property located in Forsyth County, Georgia; (2) Said real property are all those tracts or parcels of land lying and being in Land Lot 988 of the 3rd District, 1st Section of Forsyth County and containing a total of approximately 1.27 acres as shown on a plat of survey prepared by William C. Mundy, Georgia Registered Land Surveyor #2131 dated July 8, 1982, as described on those certain deeds of conveyance to the State of Georgia being recorded as Real Property Numbers 7140 and 7141, 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 Georgia Forestry Commission and was used as the Forsyth County Office; (4) The Georgia Forestry Commission currently leases the above-described property to Forsyth County, and by letter dated October 17, 2005, the Director of the Forestry Commission declared the property surplus; 3640 JOURNAL OF THE HOUSE (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 two certain parcels of real property located in Gilmer County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 159 and 160 of the 11th District, 2nd Section of Gilmer County and containing 120 acres, more or less, as shown on a plat of survey prepared by Joel Jordan, Georgia Registered Land Surveyor #2430 dated November 30, 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 Rich Mountain Wildlife Management Area, now under the custody of the Department of Natural Resources; (4) Rhonda Chatham and David Wallace Stover have agreed to convey two (2) parcels containing 148.87 acres, more or less, constituting inholdings within Rich Mountain Wildlife Management Area in exchange for the above-described state owned parcel; (5) It has been determined that the value of the property to be conveyed to Rhonda Chatham and David Wallace Stover is equal to the value of the property to be acquired by the state and Rhonda Chatham and David Wallace Stover have agreed to pay all expenses relative to the land exchange; (6) The Department of Natural Resources by resolution dated December 7, 2005, 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 Gwinnett 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 74 of the 7th District, Gwinnett County, Georgia and being more particularly described on a plat of survey prepared by Lloyd C. McNally Jr. Georgia Registered Land Surveyor #2040 dated May 22, 1985, and revised July 16, 1985, and July 29, 1985, a copy of which is recorded in plat book 32, page 42 in the office of clerk of Superior Court in Gwinnett County, Georgia, 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 Labor and the physical facilities located thereon were formerly used as the local office of the Department of Labor; (4) The Department of Labor, by letter from the commissioner dated December 23, 2005, has determined that such improved real property and the physical facilities MONDAY, MARCH 20, 2006 3641 located thereon cannot any longer fulfill its needs and that replacement physical facilities to be situated on real properties at other locations in the same city or abovereferenced county is necessary; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Hall County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 135 and 138 of the 10th Land District of Hall County, Georgia, and containing 5.69 acres more or less and outlined in yellow on a plat of survey prepared by Ralph G. Holland, Georgia Surveyor dated November 1, 1957, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is the location of the existing Georgia State Patrol Post #16 in the City of Gainesville now under custody of the State of Georgia Department of Public Safety; (4) The governing authority of Hall County has proposed that Hall County finance and construct a new building and other appropriate facilities upon said property to house Post #16 and its operations; (5) Hall County must acquire the above-described property for the purpose of issuing bonds to finance construction of said building and appropriate facilities; (6) After a period of 15 years, Hall County will convey the above-described improved property to the state for a consideration of $1.00; (7) It is in the best interest of the Georgia State Patrol and Department of Public Safety and the public safety generally to utilize such new buildings and facilities to house Georgia State Patrol Post #16 and its operations; (8) The Department of Public Safety by resolution dated February 15, 2006, recommends transfer of said property to Hall County for the construction of new State Patrol Post #16; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Lowndes County, Georgia; (2) Said real property is all that tract or parcel of land containing 1.32 acres more or less situated, lying and being in Land Lot 34 of the 11th Land District, Lowndes County, Georgia, and may be more particularly described on a plat of survey made by Harris Surveying and Engineering Company, Inc. dated June 30, 1989, and recorded in plat book 34, page 35 in the office of the clerk of Superior Court, Lowndes County, Georgia 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; 3642 JOURNAL OF THE HOUSE (3) Said property is under the custody of the Department of Labor and the physical facilities located thereon were formerly used as the local office of the Department of Labor; (4) The Department of Labor, by letter from the commissioner dated December 23, 2005, has determined that such improved real property and the physical facilities located thereon cannot any longer fulfill its needs and that replacement physical facilities to be situated on real properties at other locations in the same city or abovereferenced county is necessary; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Screven County, Georgia; (2) Said real property is all that certain tract or parcel of land situate, lying and being in the 34th G. M. District of Screven County, Georgia, containing seven and fifteen hundredth (7.15) acres, more or less, and bounded as follows: On the Northeast by Sylvania-Rocky Ford Public Road as now established and lands of Mrs. Elizabeth Z. Pierce, a branch separating the lands herein conveyed from lands of Mrs. Pierce; on the Southeast by a public county road, known as the "Cavie Howard Road," the center line; on the South and Northwest by other lands of Screven County. For a more particular description reference is made to a plat of survey by Robert L. Bell, Surveyor, dated May 30, 1967, and recorded in Plat Book 10, Page 284, public records of Screven County, Georgia; as described on that certain deed of conveyance to the State of Georgia being recorded as Real Property Record Number 004761 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 Agriculture and was used as a livestock barn and show arena; (4) The Department of Agriculture currently leases the above-described property to Screven County, and by letter dated October 12, 2005, the Commissioner of Agriculture declared the property surplus; (5) The above-described property was conveyed to the State of Georgia from Screven County, Georgia in June, 1967, for a consideration of $1.00; (6) Screven 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 Telfair County, Georgia; (2) Said property is all that tract or parcel of land lying and being in Land Lot 176 of the 10th Land District, City of Helena, Telfair County, Georgia, and containing 0.135 acres more or less, as shown on a plat of survey prepared by Grady Boney, Georgia Registered Land Surveyor #2460 dated May 3, 2001, and revised November 3, 2005, MONDAY, MARCH 20, 2006 3643 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 existing Georgia State Patrol Post #16 located in the City of Helena now in the custody of the State of Georgia, Department of Public Safety; and (4) Ronald E. Eddie Cravey and Russell Cravey have agreed to convey a parcel of land containing 0.236 acres more or less, being a tract of land contiguous to the existing State Patrol Post #16, in exchange for the above-described state owned parcel; (5) The exchange of properties would resolve the encroachment of a communication tower gray wire placed on the Cravey property by the state patrol; (6) The Georgia Department of Public Safety by resolution dated February 15, 2006, 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 Terrell County, Georgia; (2) Said real property is all that tract or parcel of land containing .5 acres situated, lying and being in the 4th District of Terrell County and being more particularly described as follows: Run South from intersection of North lot line of Lot 288 in the 4th Land District and Herod Road, a distance of 1540 feet along Herod Road to point of BEGINNING; thence run West 165 feet, thence South 132 feet, thence East 165 feet to Herod Road, thence North 143 feet along Herod Road to point of BEGINNING, as contained on that certain deed of conveyance to the State of Georgia being recorded as Real Property Record Number 1292 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 Georgia Forestry Commission and was used as the Terrell County Office; (4) The Georgia Forestry Commission currently leases the above-described property to Terrell County, and by letter dated October 17, 2005, the Commissioner of Forestry declared the property surplus; (5) The above-described property was acquired in 1958 from W. J. Mathis for a consideration of $2.00; (6) 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 Whitfield County, Georgia; 3644 JOURNAL OF THE HOUSE (2) Said real property is all that tract or parcel of land containing 2.73 acres, more or less, and situated, lying and being in Land Lots 39 and 40 of the 12th District, 3rd Section of Whitfield County, Georgia and being more particularly described as parcel numbers 3 and 6 of the Western and Atlantic Valuation Map Number V2 / 51 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 and is located adjacent to the historic Tunnel Hill Depot at Chetoogeta Railroad Tunnel, commonly known as Tunnel Hill Tunnel; (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 of Georgia; (5) Whitfield County is desirous of acquiring the above-described property for public purpose. 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 Appling County, Georgia 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 real property may be conveyed by appropriate instrument, acting by and through the State Properties Commission to Appling 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 3. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective. SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of MONDAY, MARCH 20, 2006 3645 Appling County, Georgia and a recorded copy shall be forwarded to the State Properties Commission. SECTION 6. That custody of the above-described property shall remain in the Department of Agriculture until this property is conveyed. ARTICLE II SECTION 7. That the State of Georgia is the owner of the above- described Baldwin / Wilkinson County, Georgia 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 conveyed by appropriate instrument, acting by and through the State Properties Commission to the Fall Line Industrial Development Authority for a consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interests 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 9. That the Georgia Forestry Commission, by letter dated September 21, 2005, agrees to the conveyance to the Fall Line Industrial Development Authority with the provision the Georgia Forestry Commission retains timber rights on the 576 +/- acre tract for management and harvesting until such time as the actual conversion of the land use. SECTION 10. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective. SECTION 11. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 12. That the deed of conveyance shall be recorded by the grantee in the Superior Courts of Baldwin and Wilkinson Counties, Georgia and a recorded copy shall be forwarded to the State Properties Commission. 3646 JOURNAL OF THE HOUSE SECTION 13. That custody of the above-described property shall remain in the Georgia Forestry Commission until this property is conveyed. ARTICLE III SECTION 14. That the State of Georgia is the owner of the above-described Bibb County, Georgia 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 15. 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 16. That the authorization in this resolution to sell the above-described property by competitive bid shall expire three years after the date that this resolution becomes effective. SECTION 17. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale. SECTION 18. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bibb County, Georgia and a recorded copy shall be forwarded to the State Properties Commission. SECTION 19. That custody of the above-described property shall remain in the Department of Agriculture until this property is sold. ARTICLE IV SECTION 20. That the State of Georgia is the owner of the above-described Bulloch County, Georgia 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. MONDAY, MARCH 20, 2006 3647 SECTION 21. That the above-described real property may be conveyed by appropriate instrument, acting by and through the State Properties Commission to Bulloch 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 22. 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 23. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 24. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bulloch County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 25. That custody of the above-described property shall remain in the Department of Agriculture until this property is conveyed. ARTICLE V SECTION 26. That the State of Georgia is the owner of the above-described Emanuel County, Georgia 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 27. That the above-described real property may be conveyed by appropriate instrument, acting by and through the State Properties Commission to Emanuel 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 28. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective. 3648 JOURNAL OF THE HOUSE SECTION 29. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 30. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Emanuel County, Georgia and a recorded copy shall be forwarded to the State Properties Commission. SECTION 31. That custody of the above-described property shall remain in the Department of Agriculture until this property is conveyed. ARTICLE VI SECTION 32. That the State of Georgia is the owner of the above-described Fannin County, Georgia 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 33. That the above-described real property may be conveyed by appropriate instrument, acting by and through the State Properties Commission to the City of Blue Ridge, Fannin County, Georgia 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 34. 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 35. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 36. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Fannin County, Georgia and a recorded copy shall be forwarded to the State Properties Commission. SECTION 37. That custody of the above-described property shall remain in the Department of Agriculture until this property is conveyed. MONDAY, MARCH 20, 2006 3649 ARTICLE VII SECTION 38. That the State of Georgia is the owner of the above-described Forsyth County, Georgia 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 39. 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 40. That the authorization in this resolution to sell the above-described property by competitive bid shall expire three years after the date that this resolution becomes effective. SECTION 41. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale. SECTION 42. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Forsyth County, Georgia and a recorded copy shall be forwarded to the State Properties Commission. SECTION 43. That custody of the above-described property shall remain in the Georgia Forestry Commission until this property is sold. ARTICLE VIII SECTION 44. That the State of Georgia is the owner of the above-described Gilmer County, Georgia 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 45. That the above-described real property may be conveyed to Rhonda Chatham and David Wallace Stover, acting by and through the State Properties Commission in exchange for 2 3650 JOURNAL OF THE HOUSE parcels containing 148.87 acres owned by Rhonda Chatham and David Wallace Stover with Rhonda Chatham and David Wallace Stover to pay all costs associated with the exchange, 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 46. That the authorization in this resolution to exchange the above-described properties shall expire three years after the date that this resolution becomes effective. SECTION 47. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale. SECTION 48. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Gilmer County, Georgia and a recorded copy shall be forwarded to the State Properties Commission. SECTION 49. That custody of the above-described property shall remain in the Department of Natural Resources until the property is conveyed. ARTICLE IX SECTION 50. That the above-referenced improved real property is located in and more particularly described and referred to as: 1535 Atkinson Road Lawrenceville Road Gwinnett County, Georgia; and SECTION 51. That the State of Georgia is the owner of the above-described real property and that, in all matters relating to the disposition by sale, lease, or exchange of said improved properties, the State of Georgia is acting by and through its State Properties Commission. In its handling of said dispositions by sale, lease, or exchange, the State Properties Commission shall act for the benefit of the Department of Labor in fulfilling the department's abovereferenced improved real property replacement needs. Without limiting the foregoing, but by way of illustration, the State Properties Commission may sell, lease, or exchange the above-described real properties for considerations which enable the Department of Labor to acquire other real property, construct and equip replacement facilities, and undertake related activities necessary or convenient thereto. By way of further MONDAY, MARCH 20, 2006 3651 illustration and notwithstanding Code Section 45-12-92 of the O.C.G.A. or any other provision of law, the State Properties Commission may permit any cash considerations received from said dispositions to be retained by the Department of Labor and applied by it to acquisition, construction, and equipping of such replacement facilities; and, similarly, any in-kind considerations, including, for example, exchanged real property or construction services, may be applied by the department to its replacement needs. SECTION 52. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered, for the benefit of the Department of Labor, to dispose of, by sale, lease, or exchange, during the present and following years, the record title of the State of Georgia in and to any or all of the above-described improved real property for a monetary or in-kind 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 of said improved real property and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of and most advantageous to the State of Georgia and to its Department of Labor. If any such disposition of said abovedescribed improved real properties is by sale or exchange, the conveyance by the State of Georgia shall be by quitclaim deed. SECTION 53. That the State Properties Commission is authorized and empowered to do all acts and to impose all requirements it deems necessary and proper to effect a disposition by sale, lease, or exchange of each respective parcel of said above-described improved real property. As an indispensable part of the grant of authority contained in this resolution, it is further provided that before any transaction authorized hereby may be consummated or closed that 30 days in advance thereof the State Properties Commission shall report the full terms and conditions of such transaction to the chairpersons of the House Committee on State Institutions and Property and the Senate Committee on State Institutions and Property. SECTION 54. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that a conveyance of real property by the State of Georgia be filed with the State Properties Commission and accompanied by a plat of survey of the property conveyed, the plat of survey of each of the parcels of the above-described improved real properties, the dispositions of which by sale, lease, or exchange are authorized by this resolution, approved by the State Properties Commission shall constitute an acceptable plat of survey of that particular parcel for filing with the State Properties Commission. ARTICLE X SECTION 55. 3652 JOURNAL OF THE HOUSE That the State of Georgia is the owner of the above-described Hall County, Georgia 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 56. That the above-described real property may be conveyed by appropriate instrument, acting by and through the State Properties Commission to Hall County for a consideration of $1.00, so long as the property is used for public purposes, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 57. 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 58. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 59. That the deed of conveyance shall be recorded by the grantee in their Superior Court of Hall County, Georgia and a recorded copy shall be forwarded to the State Properties Commission. SECTION 60. That custody of the above-described property shall remain in the Department of Public Safety until this property is conveyed. ARTICLE XI SECTION 61. That the above-referenced improved real property is located in and more particularly described and referred to as: 2808 North Oak Street Valdosta Lowndes County, Georgia; and SECTION 62. That the State of Georgia is the owner of the above-described real property and that, in all matters relating to the disposition by sale, lease, or exchange of said improved properties, the State of Georgia is acting by and through its State Properties Commission. In its handling of said dispositions by sale, lease, or exchange, the State Properties Commission shall act for the benefit of the Department of Labor in fulfilling the department's above- MONDAY, MARCH 20, 2006 3653 referenced improved real property replacement needs. Without limiting the foregoing, but by way of illustration, the State Properties Commission may sell, lease, or exchange the above-described real properties for considerations which enable the Department of Labor to acquire other real property, construct and equip replacement facilities, and undertake related activities necessary or convenient thereto. By way of further illustration and notwithstanding Code Section 45-12-92 of the O.C.G.A. or any other provision of law, the State Properties Commission may permit any cash considerations received from said dispositions to be retained by the Department of Labor and applied by it to acquisition, construction, and equipping of such replacement facilities; and, similarly, any in-kind considerations, including, for example, exchanged real property or construction services, may be applied by the department to its replacement needs. SECTION 63. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered, for the benefit of the Department of Labor, to dispose of, by sale, lease, or exchange, during the present and following years, the record title of the State of Georgia in and to any or all of the above-described improved real property for a monetary or in-kind 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 of said improved real property and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of and most advantageous to the State of Georgia and to its Department of Labor. If any such disposition of said abovedescribed improved real properties is by sale or exchange, the conveyance by the State of Georgia shall be by quitclaim deed. SECTION 64. That the State Properties Commission is authorized and empowered to do all acts and to impose all requirements it deems necessary and proper to effect a disposition by sale, lease, or exchange of each respective parcel of said above-described improved real property. As an indispensable part of the grant of authority contained in this resolution, it is further provided that before any transaction authorized hereby may be consummated or closed that 30 days in advance thereof the State Properties Commission shall report the full terms and conditions of such transaction to the chairpersons of the House Committee on State Institutions and Property and the Senate Committee on State Institutions and Property. SECTION 65. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that a conveyance of real property by the State of Georgia be filed with the State Properties Commission and accompanied by a plat of survey of the property conveyed, the plat of survey of each of the parcels of the above-described improved real properties, the dispositions of which by sale, lease, or exchange are authorized by this resolution, approved by the State Properties Commission 3654 JOURNAL OF THE HOUSE shall constitute an acceptable plat of survey of that particular parcel for filing with the State Properties Commission. ARTICLE XII SECTION 66. That the State of Georgia is the owner of the above-described Screven County, Georgia real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 67. That the above-described real property may be conveyed by appropriate instrument, acting by and through the State Properties Commission to Screven 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 68. 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 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 Screven County, Georgia and a recorded copy shall be forwarded to the State Properties Commission. SECTION 71. That custody of the above-described property shall remain in the Department of Agriculture until this property is conveyed. ARTICLE XIII SECTION 72. That the State of Georgia is the owner of the above-described Telfair County, Georgia 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 conveyed to Ronald E. Eddie Cravey and MONDAY, MARCH 20, 2006 3655 Russell Cravey, acting by and through the State Properties Commission in exchange for a parcel containing 0.236 acres owned by Ronald E. Eddie Cravey and Russell Cravey, 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 convey the above-described property shall expire three years after the date that this resolution becomes effective. SECTION 75. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such exchange. SECTION 76. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Telfair County, Georgia 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 Public Safety until this property is conveyed. ARTICLE XIV SECTION 78. That the State of Georgia is the owner of the above-described Terrell County, Georgia 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 competitive bid, acting by and through 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 interests of the State of Georgia. SECTION 80. That the authorization in this resolution to sell the above-described property by competitive bid 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 sale. 3656 JOURNAL OF THE HOUSE SECTION 82. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Terrell County, Georgia 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 Georgia Forestry Commission until this property is sold. ARTICLE XV SECTION 84. That the State of Georgia is the owner of the above-described Whitfield County, Georgia 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 appropriate instrument, acting by and through the State Properties Commission to Whitfield County, Georgia 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 convey 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 Whitfield County, Georgia 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 State Properties Commission until this property is conveyed. ARTICLE XVI SECTION 90. MONDAY, MARCH 20, 2006 3657 That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 91. That all laws and parts of laws in conflict with this resolution are repealed. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Barnes Y Bearden E 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 Y Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick E 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, E Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk 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 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 Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolution, by substitute, the ayes were 157, nays 0. 3658 JOURNAL OF THE HOUSE The Resolution, having received the requisite constitutional majority, was adopted, by substitute. SB 79. By Senators Williams of the 19th, Pearson of the 51st, Rogers of the 21st, Goggans of the 7th, Heath of the 31st and others: A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to provide expressly that local boards of education are authorized to provide additional elective courses for students in specified grades; to provide for state funding of such additional elective courses; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," so as to provide for the offering of state funded high school courses in the History and Literature of the Old Testament Era and the History and Literature of the New Testament Era; to provide for the adoption of the curricula for such courses by the State Board of Education; to provide for reading materials, and methods of teaching in such courses; to provide for certain matters relating to the employment and assignment of teachers of such courses; to provide for the granting of academic credit for the successful completion of such courses; to provide for the monitoring of the content and teaching of such courses; 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. Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," is amended by adding at the end thereof a new Code section to read as follows: "20-2-148. (a) All public schools with grade nine or above may make available to eligible students in grades nine through 12 an elective course in the History and Literature of the Old Testament Era and an elective course in the History and Literature of the New Testament Era. The purpose of such courses shall be to accommodate the rights and desires of those teachers and students who wish to teach and study the Old and New Testaments and to familiarize students with the contents of the Old and New MONDAY, MARCH 20, 2006 3659 Testaments, the history recorded by the Old and New Testaments, the literary style and structure of the Old and New Testaments, the customs and cultures of the peoples and societies recorded in the Old and New Testaments, and the influence of the Old and New Testaments upon law, history, government, literature, art, music, customs, morals, values, and culture. (b)(1) No later than February 1, 2007, the State Board of Education shall adopt a curriculum for each course, including objectives, reading materials, and lesson plans, which has been prepared in accordance with the requirements of this subsection. (2) The book or collection of books commonly known as the Old Testament shall be the basic text for the course in the History and Literature of the Old Testament Era, and the book or collection of books commonly known as the New Testament shall be the basic text for the course in the History and Literature of the New Testament Era. In addition, students may be assigned a range of reading materials for the courses, including selections from secular historical and cultural works and selections from other religious and cultural traditions. The courses shall familiarize students with the customs and cultures of the times and places referred to in the Old and New Testaments. The courses shall familiarize the students with the methods and tools of writing at the times the Old and New Testament books were written, the means by which they were preserved, the languages in which they were written and into which they were translated, and the historical and cultural events which led to the translation of the Old and New Testaments into the English language. The local board of education may recommend which version of the Old or New Testament may be used in the course; provided, however, that the teacher of the course shall not be required to adopt that recommendation but may use the recommended version or another version. No student shall be required to use one version as the sole text of the Old or New Testament. If a student desires to use as the basic text a different version of the Old or New Testament from that chosen by the local board of education or teacher, he or she shall be permitted to do so. (3) The courses provided for in this Code section shall: (A) Be taught in an objective and nondevotional manner with no attempt made to indoctrinate students as to either the truth or falsity of the biblical materials or texts from other religious or cultural traditions; (B) Not include teaching of religious doctrine or sectarian interpretation of the Bible or of texts from other religious or cultural traditions; and (C) Not disparage or encourage a commitment to a set of religious beliefs. (c) The provisions of this chapter relating to personnel employed by local units of administration, including without limitation certification requirements, employment, and supervision, shall apply to persons who teach the courses provided for in this Code section. In addition, no person shall be assigned to teach such courses based in whole or in part on any religious test, profession of faith or lack thereof, prior or present religious affiliation or lack of affiliation, or criteria involving particular beliefs or lack thereof about the Bible. Except for these requirements, the qualifications and training of teachers shall be determined by the local boards of education. 3660 JOURNAL OF THE HOUSE (d) On and after July 1, 2007, for the purpose of earning Carnegie unit curriculum credits at the high school level, satisfactory completion of the course in the History and Literature of the Old Testament Era shall be accepted by the State Board of Education for one-half unit of elective credit, and satisfactory completion of the course in the History and Literature of the New Testament Era shall be accepted by the State Board of Education for one-half unit of elective credit; provided, however, that such courses are taught in strict compliance with the requirements of this Code section. (e) A local board of education may make such arrangements for monitoring the content and teaching of the course in the History and Literature of the Old Testament Era and the course in the History and Literature of the New Testament Era as it deems appropriate. (f) Nothing in this Code section shall be construed to limit the authority of a local board of education to offer courses regarding the Old Testament or the New Testament that are not in compliance with this Code section; provided, however, that no state funds distributed pursuant to this article shall be expended in connection with such a course that does not meet the requirements of this Code section. (g) Nothing in this Code section shall be construed to prohibit local boards of education from offering elective courses based upon the books of other religions or societies. In determining whether to offer such courses, the local board may consider various factors including, but not limited to, student and parent demand for such courses and the impact such books have had upon history and culture." SECTION 2. This Act shall become effective on July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. 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 Ashe Y Barnard Barnes Y Bearden E Beasley-Teague N Benfield Y Benton Y Black Y Bordeaux Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar Y Mills Y Mitchell N Morgan Y Morris Y Mosby Y Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L MONDAY, MARCH 20, 2006 3661 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 Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger Y Golick E Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree Henson Y Hill, C 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 Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M N 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 151, nays 7. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 195. By Senators Schaefer of the 50th, Rogers of the 21st, Carter of the 13th, Chance of the 16th, Pearson of the 51st and others: A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate loans to and abandoned property of museums and archives repositories; to provide a short title; to define certain terms; to provide a process for establishing ownership of property loaned to museums and archives repositories; to provide for notice; to provide for other related matters; to repeal conflicting laws; and for other purposes The following Committee substitute was read and adopted: A BILL To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to recognize the national "Year of the Museum" as 2006; to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to 3662 JOURNAL OF THE HOUSE selling and other trade practices, so as to regulate loans to and abandoned property of museums and archives repositories; to provide a short title; to define certain terms; to provide a process for establishing ownership of property loaned to museums and archives repositories; to provide for notice; to provide for exemptions; to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to include cross-references; 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. 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 to the end of such chapter, to read as follows: "1-4-16. (a) The General Assembly finds that: (1) Museums nourish minds and spirits by fostering contemplation, exploration, critical thinking, and dialogue to advance knowledge, understanding, and appreciation of history, science, the arts, and the natural world; (2) Museums present exhibitions and programs created through research and scholarship for people to explore new ideas, exchange stories, and discover collections and objects from our cultural and natural heritage; (3) Museums strengthen and enrich the lives of people by inspiring lifelong learning, serving as repositories and stewards for our unique histories, culture, achievements, and values, and contributing to the livability and economic vitality of our towns and cities; (4) Museums forge relationships with community partners such as schools, libraries, public broadcasting, and neighborhood and social service organizations to foster civic participation and cultural understanding; (5) Museums have been serving the American public since 1773, encouraging curiosity and providing a source of enjoyment and education for every generation; and (6) The American Association of Museums has declared 2006 as the 'Year of the Museum' nationwide. (b) In recognition of the findings included in subsection (a) of this Code section and at the invitation of the American Association of Museums, 2006 is hereby recognized as the 'Year of the Museum.' (c) This Code section shall stand repealed on December 31, 2006." 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 immediately following Article 17A, relating to consignment of art, a new Article 17B to read as follows: MONDAY, MARCH 20, 2006 3663 "ARTICLE 17B 10-1-529.1. This article shall be known and may be cited as the 'Georgia Museum Property Act.' 10-1-529.2. As used in this article, the term: (1) 'Archives repository' means a nonprofit organization or a public agency whose primary functions include selecting, preserving, and making available records of historical or enduring value and that is open to the public on a regular basis. Archives repository does not include a public library. (2) 'Loan' means the placement of property with a museum or archives repository that is not accompanied by a transfer of title of the property to the museum or archives repository and for which there is some record that the owner intended to retain title to the property. Loan does not include transfers between museums, between archives repositories, or between museums and archives repositories unless the transferring institution specifically provides in writing that the transfer is a loan under this article. (3) 'Museum' means a nonprofit organization or a public agency that is operated primarily for the purpose of collecting, cataloging, preserving, or exhibiting property of educational, scientific, historic, cultural, or aesthetic interest and that is open to the public on a regular basis. Museum does not include a public library. (4) 'Property' means personal property. 10-1-529.3. (a) Each museum or archives repository shall keep accurate records of all property on loan to the museum or archives repository, including the name and address of the owner, if known, and the beginning and ending date of the loan period. At the time that a person makes a loan to a museum or archives repository, the museum or archives repository shall give the owner of the property a copy of this article. If a museum or archives repository is notified of a change in the ownership of any property loaned to a museum or archives repository, the museum or archives repository shall inform the new owner of the provisions of the loan agreement and shall send the new owner a copy of this article. Not less than 90 days before a museum or archives repository changes its address or dissolves, the museum or archives repository shall notify all owners of that change of address or dissolution. If a museum or archives repository becomes the owner of property under Code Section 10-1-529.4 or 10-1-529.5, the museum or archives repository shall maintain any records that the museum or archives repository has regarding the property for not less than two years after the date on which the museum or archives repository becomes the owner of the property. (b) The owner of property loaned to a museum or archives repository shall provide the museum or archives repository with written notice of any change of the owner's address, of the owner's designated agent, of the designated agent's address, and of the 3664 JOURNAL OF THE HOUSE name and address of the new owner if there is a change in the ownership of the property loaned to the museum or archives repository. 10-1-529.4. (a) Property loaned to a museum or archives repository whose loan has an expiration date is abandoned when there has not been written contact between the owner and the museum or archives repository for at least seven years after that expiration date. If the loan has no expiration date, the property is abandoned when there has not been written contact between the owner and the museum or archives repository or their successors or assigns for at least seven years after the museum or archives repository took possession of the property. (b)(1) If a museum or archives repository wishes to acquire title to abandoned property, the museum or archives repository shall, not less than 60 days after property is abandoned under subsection (a) of this Code section, send a notice by certified mail or statutory overnight delivery to the owner's last known address. A copy of such notice shall be simultaneously sent to any known lienholder at such lienholder's last known address. The notice shall contain all of the following: (A) A statement that the loan is terminated and that the property is abandoned; (B) A description of the property; (C) A statement that the museum or archives repository will become the owner of the property if the present owner does not submit a written claim to the property to the museum or archives repository within 60 days after receipt of the notice; and (D) A statement that the museum or archives repository will make arrangements with the owner to return the property to the owner or dispose of the property as the owner requests if the owner submits a written claim to the property to the museum or archives repository within 60 days after receipt of the notice. (2) The notice provided for in subsection (a) of this Code section shall be substantially in the following form: NOTICE OF ABANDONMENT OF PROPERTY To: ____________ (name of owner) ________________ (address of owner) Please be advised that the loan agreement is terminated for the following property (describe the property in sufficient detail to identify the property): ______________ ______________ The above-described property that you loaned to ____________ (name and address of museum or archives repository) will be considered abandoned by you and will become the property of ____________ (name of museum or archives repository) if you fail to submit to the museum or archives repository a written claim to the property within 60 days after receipt of this notice. If you do submit a written claim to the property within 60 days after receipt of this notice, ____________ (name of MONDAY, MARCH 20, 2006 3665 museum or archives repository) will arrange to return the property to you or dispose of the property as you request. The cost of returning the property to you or disposing of the property is your responsibility unless you have made other arrangements with the museum or archives repository. ____________ (name of person to contact at museum or archives repository and address of museum or archives repository). (c) If the notice sent by the museum or archives repository under subsection (b) of this Code section is returned to the museum or archives repository undelivered, the museum or archives repository shall give notice of the abandoned property by publication once a week for two consecutive weeks in the official county organs of the county in which the museum or archives repository is situated and the county of the owner's last known address, and on the organization's website, if applicable, containing the following: (1) The name and last known address of the present owner; (2) A description of the property; (3) A statement that the property is abandoned and that the museum or archives repository will become the owner of the property if no person can prove ownership of the property; (4) A statement that a person claiming ownership of the property shall notify the museum or archives repository in writing of that claim within 60 days after publication of the last legal notice; and (5) The name and mailing address of the person who may be contacted at the museum or archives repository if a person wants to submit a written claim to the property. (d) If the museum or archives repository receives a timely written claim for the property from the owner or the owner's agent in response to the notice provided under subsection (b) or (c) of this Code section the museum or archives repository shall return the property to the owner or dispose of the property as the owner requests. The owner shall advise the museum or archives repository in writing as to how the property shall be disposed of or returned to the owner. Costs of returning the property or disposing of the property shall be the responsibility of the owner unless the owner and the museum or archives repository have made other arrangements. (e) If the museum or archives repository receives a timely written claim for the property from a person other than the person who loaned the property to the museum or archives repository in response to the notice provided under subsection (b) or (c) of this Code section, the museum or archives repository shall, within 60 days after receipt of the written claim, determine if the claim is valid. A claimant shall submit proof of ownership with the claim. If more than one person submits a timely written claim, the museum or archives repository may delay its determination of ownership until the competing claims are resolved by agreement or legal action. If the museum or archives repository determines that the claim is valid or if the competing claims are resolved by agreement or judicial action, the museum or archives repository shall return the property to the claimant submitting the valid claim or dispose of the property as the valid claimant requests. Costs of returning the property or disposing of the property shall be the responsibility of the valid claimant. 3666 JOURNAL OF THE HOUSE (f) If the museum or archives repository does not receive a timely written claim to the property or if the museum or archives repository determines that no valid timely claim to the property was submitted, the museum or archives repository becomes the owner of the property. The museum or archives repository becomes the owner of the property on the day after the period for submitting a written claim ends or on the day after the museum or archives repository determines that no valid timely written claim was submitted. The museum or archives repository owns the property free from all claims. 10-1-529.5. (a) Property in the possession of a museum or archives repository which the museum or archives repository has reason to believe may be on loan and for which the museum or archives repository does not know the owner or have any reasonable means of determining the owner becomes the property of the museum or archives repository if no person has claimed the property within seven years after the museum or archives repository or a predecessor or assignor of such museum or archives repository took possession of the property. The museum or archives repository becomes the owner of the property on the day after the seven-year period ends and after following the notification process outlined in subsection (b) of this Code section free from all claims. (b) The museum or archives repository that wishes to acquire title to undocumented property described in subsection (a) of this Code section shall provide public notice in the manner described in Code Section 10-1-529.4. (c) On or after July 1, 2006, property that: (1) Is found in or on property controlled by the museum; (2) Is from an unknown source; and (3) Might reasonably be assumed to have been intended as a gift to the museum is conclusively presumed to be a gift to the museum if ownership of the property is not claimed by a person within 90 days of its discovery. 10-1-529.6. (a) Unless there is a written loan agreement to the contrary, a museum or archives repository may apply conservation measures to property on loan to the museum or archives repository without the lender's permission or formal notice if action is required to protect the property on loan or other property in the custody of the museum or archives repository or the property on loan is a hazard to the health and safety of the public or the museum or archives repository staff, and either: (1) The museum or archives repository is unable to reach the lender at the lender's last known address within three days before the time the museum or archives repository determines action is necessary; or (2) The lender does not respond or will not agree to the protective measures the museum or archives repository recommends and does not terminate the loan and retrieve the property within three days. (b) If a museum or archives repository applies conservation measures to property under this article, or with the agreement of the lender, unless the agreement provides MONDAY, MARCH 20, 2006 3667 otherwise, the museum or archives repository acquires a lien on the property in the amount of the costs incurred by the museum or archives repository. (c) The museum or archives repository is not liable for injury to or loss of the property if the museum or archives repository: (1) Had a reasonable belief at the time the action was taken that the action was necessary to protect the property on loan or other property in the custody of the museum or archives repository or that the property on loan was a hazard to the health and safety of the public or the museum or archives repository staff; and (2) Exercised reasonable care in the choice and application of conservation measures. 10-1-529.7. This article shall not apply to objects held by museums pursuant to Part 1 of Article 7 of Chapter 12 of Title 44, relating to American Indian human remains and burial objects held by museums." SECTION 3. Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, is amended by striking Code Section 44-12-193, relating to when property is held, issued, or is owing in the ordinary course of business of holder's business presumed abandoned, and inserting in lieu thereof the following: "44-12-193. Except as provided in Article 17B of Title 10, all All tangible and intangible property, including any income or increment thereon, less any lawful charges, that is held, issued, or owing in the ordinary course of the holder's business and has remained unclaimed by the owner for more than five years after it became payable or distributable is presumed abandoned, except as otherwise provided by this article. Property is payable or distributable for the purpose of this article notwithstanding the owner's failure to make demand or to present any instrument or document required to receive payment." SECTION 4. Said article is further amended by striking subsection (a) of Code Section 44-12-214, relating to report and remittance of persons holding property presumed abandoned under that article, and inserting in lieu thereof the following: "(a) Except as provided in Article 17B of Title 10, every Every person holding funds or other property, tangible or intangible, presumed abandoned under this article shall report and remit to the commissioner with respect to the property as provided in this Code section." 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. 3668 JOURNAL OF THE HOUSE 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 Barnes Y Bearden E Beasley-Teague 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 Y Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar N Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick E Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley E Jackson Y Jacobs E 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 McClinton Y Meadows Millar Y Mills Y Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal 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 E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 154, nays 6. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 210. By Senators Stoner of the 6th, Hill of the 32nd, Shafer of the 48th and Butler of the 55th: A BILL to be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as MONDAY, MARCH 20, 2006 3669 to provide for superior court filing of certain commission orders; to provide for venue, judgment, and effect of judgment; to repeal conflicting laws, and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter 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 Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger Y Golick E Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley E Jackson Y Jacobs E 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 May Y McCall McClinton Y Meadows Millar 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 Rogers Y Royal Y Rynders Y Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed. 3670 JOURNAL OF THE HOUSE SB 441. By Senators Bulloch of the 11th, Kemp of the 46th, Cagle of the 49th, Stephens of the 27th and Tolleson of the 20th: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, so as to change certain provisions relating to standards and requirements generally; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick E Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley E Jackson Y Jacobs E 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 Maxwell Y May Y McCall McClinton Y Meadows Millar Y Mills Y Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker MONDAY, MARCH 20, 2006 3671 On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House: HB 595. By Representatives Millar of the 79th, Jacobs of the 80th, Drenner of the 86th, Chambers of the 81st, Henson of the 87th and others: A BILL to be entitled an Act to provide for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. 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 25. By Senators Seabaugh of the 28th, Harp of the 29th, Schaefer of the 50th, Hill of the 32nd, Pearson of the 51st and others: A BILL to be entitled an Act to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to require certain divorcing parents to participate in education classes that focus on the effect of divorce and separation on children; to provide for legislative findings; to provide for the types of persons who can provide the education; to provide for exceptions to the education classes; to change the time limit for granting a divorce on the grounds that the marriage is irretrievably broken; to provide for different time frames for granting divorce based on certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Jamieson of the 28th moved that SB 25 be recommitted to the Committee on Rules. 3672 JOURNAL OF THE HOUSE 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 Barnes Y Bearden E Beasley-Teague Y Benfield N Benton Y Black Bordeaux E Borders Y Bridges N Brooks N Brown N Bruce Y Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister Y Burns N Butler Y Byrd N Carter Y Casas N Chambers Y Channell N Cheokas N Coan N Cole Y Coleman, B Y Coleman, T N Cooper Y Cox N Crawford Y Cummings N Davis N Day N Dean N Dickson Y Dodson N Dollar Y Drenner E Dukes N Ehrhart N England Y Epps N Everson N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick E Graves, D N Graves, T Y Greene Y Hanner Y Harbin Y Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Henson N Hill, C N Hill, C.A Y Holmes N Holt N Horne N Houston Y Howard, E Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins N Jennings Y Johnson N Jones, J N Jones, S Y Jordan N Keen N Keown Y Kidd N Knight N Knox Y Lakly Y Lane, B N Lane, R N Lewis N Lindsey Y Lord N Loudermilk Y Lucas N Lunsford N Maddox N Mangham Y Manning Y Marin N Martin N Maxwell Y May Y McCall McClinton N Meadows Y Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby N Mosley Y Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver O'Neal Y Orrock Y 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 Y Roberts N Rogers Y Royal N Rynders Y Sailor E Scheid N Scott, A N Scott, M N Setzler Y Shaw N Sheldon Y Sims, C Y Sims, F E Sinkfield Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton N Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates Richardson, Speaker On the motion, the ayes were 85, nays 78. The motion prevailed. Representative Lunsford of the 110th moved that the House reconsider its action in recommitting SB 25 to the Committee on Rules: On the motion, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Amerson E Anderson N Crawford N Cummings Y Davis N Hill, C.A N Holmes Y Holt Y Martin Y Maxwell N May N Sailor E Scheid Y Scott, A MONDAY, MARCH 20, 2006 3673 N Ashe N Barnard Barnes N Bearden E Beasley-Teague N Benfield Y Benton Y Black N Bordeaux E Borders N Bridges Y Brooks Y Brown N Bruce N Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister N Burns Y Butler N Byrd Y Carter N Casas Y Chambers N Channell Y Cheokas Y Coan Y Cole N Coleman, B N Coleman, T Y Cooper N Cox Y Day N Dean Y Dickson N Dodson Y Dollar N Drenner E Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Freeman N Gardner N Geisinger Y Golick E Graves, D Y Graves, T N Greene N Hanner N Harbin N Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson N Hill, C Y Horne Y Houston N Howard, E N Hudson N Hugley E Jackson N Jacobs E James N Jamieson N Jenkins Y Jennings N Johnson Y Jones, J Y Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox N Lakly N Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox Y Mangham N Manning N Marin N McCall McClinton Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley N Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver O'Neal N Orrock N 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 N Royal Y Rynders Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C N Sims, F E Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Stephens N Stephenson N Talton Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 81, nays 85. The motion was lost. The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto: 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 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. 3674 JOURNAL OF THE HOUSE The following Senate substitute was read: A BILL To amend Code Section 9-11-34 and Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to production of documents and things and entry upon land for inspection and other purposes and health records, so as to provide for production of certain documents including health records; to change certain provisions relating to applicability to nonparties; to provide that when a nonparty is not served with an objection and the nonparty produces records, the nonparty shall be immune from regulatory, civil, or criminal liability for disclosing confidential information; to change certain provisions relating to confidentiality; to change certain provisions relating to furnishing a copy of records to patient, provider, or other authorized person; to provide for compliance with the federal Health Insurance Portability and Accountability Act of 1996; to provide for a time period in which records shall be produced in response to a valid request; 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 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, is amended by striking subsections (c) and (d) and inserting in lieu thereof the following: "(c) Applicability to nonparties. (1) This Code section shall also be applicable with respect to discovery against persons, firms, or corporations who are not parties, in which event a copy of the request shall be served upon all parties of record; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written questions under Code Section 9-1130 or 9-11-31. The nonparty or any party may file an objection as provided in subsection (b) of this Code section. If the party desiring such discovery moves for an order under subsection (a) of Code Section 9-11-37 to compel discovery, he or she shall make a showing of good cause to support his or her motion. The party making a request under this Code section shall, upon request from any other party to the action, make all reasonable efforts to cause all information produced in response to the nonparty request to be made available to all parties. A reasonable document copying charge may be required. (2) This Code section shall also be applicable with respect to discovery against a nonparty who is a practitioner of the healing arts or a hospital or health care facility, including those operated by an agency or bureau of the state or other governmental unit. Where such a request is directed to such a nonparty, a copy of the request shall be served upon the person whose records are sought by certified mail or statutory MONDAY, MARCH 20, 2006 3675 overnight delivery, return receipt requested, or, if known, that person's counsel, and upon all other parties of record, and in compliance with Code Section 9-11-5; where such a request to such a nonparty seeks the records of a person who is not a party, a copy of the request shall be served upon all parties of record, the person whose records are sought, and, by certified mail or statutory overnight delivery, return receipt requested, or, if known, that person's counsel by certified mail or statutory overnight delivery, return receipt requested, and upon all parties of record in compliance with Code Section 9-11-5; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written questions under Code Section 9-11-30 or 9-11-31. The nonparty, any party, or the person whose records are sought may file an objection with the court in which the action is pending within 20 days of service of the request and shall serve a copy of such objection on the nonparty to whom the request is directed, who shall not furnish the requested materials until further order of the court, and on all other parties to the action. Upon the filing of such objection, the party desiring such discovery may move for an order under subsection (a) of Code Section 9-11-37 to compel discovery and, if he or she shall make a showing of good cause to support his or her motion, discovery shall be allowed. If no objection is filed within ten 20 days of service of the request, the nonparty to whom the request is directed shall promptly comply therewith. (3) For any discovery requested from a nonparty pursuant to paragraph (2) of this subsection or a subpoena requesting records from a nonparty pursuant to Code Section 9-11-45, when the nonparty to whom the discovery request is made is not served with an objection and the nonparty produces the requested records, the nonparty shall be immune from regulatory, civil, or criminal liability or damages notwithstanding that the produced documents contained confidential or privileged information. (d) Confidentiality. The provisions of this Code section shall not be deemed to repeal the confidentiality provided by Code Sections 37-3-166 concerning mental illness treatment records, 37-4-125 concerning mental retardation treatment records, and 37-7166 concerning alcohol and drug treatment records, 24-9-40.1 concerning the confidential nature of AIDS information, and 24-9-47 concerning the disclosure of AIDS information; provided, however, that a person's failure to object to the production of documents as set forth in paragraph (2) of subsection (c) of this Code section shall waive any right of recovery for damages as to the nonparty for disclosure of the requested documents." SECTION 2. Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, is amended by striking subsections (a) and (b) of Code Section 31-33-2, relating to furnishing a copy of records to patient, provider, or other authorized person, and inserting in its place the following: 3676 JOURNAL OF THE HOUSE "(a)(1)(A) A provider having custody and control of any evaluation, diagnosis, prognosis, laboratory report, or biopsy slide in a patient's record shall retain such item for a period of not less than ten years from the date such item was created. (B) The requirements of subparagraph (A) of this paragraph shall not apply to: (i) An individual provider who has retired from or sold his or her professional practice if such provider has notified the patient of such retirement or sale and offered to provide such items in the patient's record or copies thereof to another provider of the patient's choice and, if the patient so requests, to the patient; or (ii) A hospital which is an institution as defined in subparagraph (B) of paragraph (1) of Code Section 31-7-1, which shall retain patient records in accordance with rules and regulations for hospitals as issued by the department pursuant to Code Section 31-7-2. (2) Upon written request from the patient or a person authorized to have access to the patient's record under a health care power of attorney for such patient, the provider having custody and control of the patient's record shall furnish a complete and current copy of that record, in accordance with the provisions of this Code section. If the patient is deceased, such request may be made by a person authorized immediately prior to the decedent's death to have access to the patient's record under a health care power of attorney for such patient; the executor, temporary executor, administrator, or temporary administrator for the decedent's estate; or any survivor, as defined by Code Sections 51-4-2, 51-4-4, and 51-4-5. the following persons: (A) The executor, administrator, or temporary administrator for the decedent's estate if such person has been appointed; (B) If an executor, administrator, or temporary administrator for the decedent's estate has not been appointed, by the surviving spouse; (C) If there is no surviving spouse, by any surviving child; (D) If there is no surviving child, any parent. (b) Any record requested under subsection (a) of this Code section shall, within 30 days of the receipt of a request for records be furnished within a reasonable period of time to the patient, any other provider designated by the patient, any person authorized by paragraph (2) of subsection (a) of this Code section to request a patient's or deceased patient's medical records, or any other person designated by the patient. Such record request shall be accompanied by: (1) An authorization in compliance with the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Section 1320d-2, et seq., and regulations implementing such act; and (2) A signed written authorization as specified in subsection (d) of this Code Section." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. MONDAY, MARCH 20, 2006 3677 Representative Fleming of the 117th moved that the House disagree to the Senate substitute to HB 912. The motion prevailed. HB 595. By Representatives Millar of the 79th, Jacobs of the 80th, Drenner of the 86th, Chambers of the 81st, Henson of the 87th and others: A BILL to be entitled an Act to provide for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 595 by striking all matter on lines 20 through 22 of page 2 and inserting in place thereof the following: (f) The exemption granted by subsection (b) of this section shall apply only to taxable years 2007 through 2011. Unless renewed or extended by subsequent Act of the General Assembly, the exemption granted by subsection (b) of this section shall not apply to taxable year 2012 or any subsequent taxable year. Representative Millar of the 79th moved that the House agree to the Senate amendment to HB 595. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Ashe Y Barnard Barnes Y Bearden E Beasley-Teague Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins Y Jennings Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Mosby Y Mosley Y Mumford Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R 3678 JOURNAL OF THE HOUSE 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 Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick E 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 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 Mangham Y Manning Y Marin Y Murphy, J Y Murphy, Q 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 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 Willard Y Williams, A Williams, E Y Williams, R Y Wix Yates Richardson, Speaker On the motion, the ayes were 149, nays 0. The motion prevailed. HB 251. By Representatives Bridges of the 10th, Cummings of the 16th, Coleman of the 97th and Forster of the 3rd: A BILL to be entitled an Act to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refund of dues under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that a member who is unmarried at the time of retirement may elect a retirement option of an actuarially reduced amount with payment made to a designated surviving beneficiary; to provide that a member who is married at the time of retirement may make such an election with the consent of his or her spouse; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refund of dues under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that a member who is unmarried at the time MONDAY, MARCH 20, 2006 3679 of retirement may elect a retirement option of an actuarially reduced amount with payment made to a designated surviving beneficiary; to provide that a member who is married at the time of retirement may make such an election with the consent of his or her spouse; to provide restrictions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refund of dues under the Judges of the Probate Courts Retirement Fund of Georgia, is amended by striking in its entirety subsection (b) of Code Section 4711-71, relating to the amount of retirement benefits, optional retirement benefits, and the manner in which persons not eligible for maximum benefits at retirement may become eligible, and inserting in lieu thereof the following: "(b)(1) In lieu of receiving the retirement benefits provided for in subsection (a) of this Code section, a judge of the probate court or employee of the board may elect in writing, on a form to be provided by the board at the time the judge or employee becomes eligible to receive retirement benefits, to receive a monthly retirement benefit payable up to the date of the death of the designated survivor, which benefit shall be based on the judge's or employee's age at retirement and the age of the judge's or employee's spouse designated survivor at that time and shall be computed so as to be actuarially equivalent to the total retirement payment which would have been paid to the judge or employee under subsection (a) of this Code section. A member who is unmarried at the time of such election may designate a survivor at the time of making such election. If a member is married at the time of such election, his or her spouse shall be the designated survivor unless another person is so designated with the written agreement of the spouse. In any event, the designated survivor shall be a person with whom the member has a familial relationship through blood, marriage, or adoption. Such actuarial equivalent shall be computed on the Group Annuity Table for 1951 using 5 1/2 percent interest. The spouse designated at the time of the judge's or employee's retirement shall be the only spouse who may draw these benefits. (2) If a member elects the option provided in paragraph (1) of this subsection, then, after the approval of the application for retirement, the following provisions apply: (A) If the member's spouse designated survivor shall predecease the member, the member may, in writing on forms prescribed by the board and subject to approval by the board, revoke such option and thereafter receive during the member's lifetime a monthly retirement benefit commencing on the date on which the board approves such revocation, but not for any period prior to such approval, equal to the maximum monthly benefit which would have been payable to him had such option not been exercised; (B) If there is entered a final judgment of complete divorce between the member and the member's spouse who is the designated survivor, the member may, in 3680 JOURNAL OF THE HOUSE writing on forms prescribed by the board and subject to approval by the board, revoke such option and thereafter receive during the member's lifetime a monthly retirement benefit commencing on the date on which the board approves such revocation, but not for any period prior to such approval, equal to the maximum monthly benefit which would have been payable had such option not been exercised; and (C) If, following the death of the member's spouse or the entry of a final judgment of divorce between the member and the member's spouse who is the designated survivor, the member remarries, the member may, in writing on forms prescribed by the board and subject to approval by the board, elect such option with respect to the member's new spouse. The joint and survivor benefit shall be determined as of the date of the election. No such election shall be made until the expiration of one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier." SECTION 2. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Bridges of the 10th moved that the House agree to the Senate substitute, to HB 251. 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 Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Crawford N Cummings Y Davis Y Day Dean Y Dickson Y Dodson Dollar Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H Y Floyd, J Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal Y Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre MONDAY, MARCH 20, 2006 3681 Y Bryant N Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick E 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 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 Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin N Oliver Y O'Neal Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Stanley-Turner Stephens Y Stephenson Y Talton N Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Willard Y Williams, A N Williams, E Y Williams, R N Wix Yates Richardson, Speaker On the motion, the ayes were 143, nays 11. The motion prevailed. HB 81. By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Jackson of the 161st and Scott of the 2nd: A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to provide that, with respect to all homestead exemptions, the unremarried surviving spouse of a deceased spouse who has been granted a homestead exemption shall continue to receive that exemption so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The following Senate amendments were read: Senate Amendment #1 The Senate moves to amend HB 81 by striking "unremarried" from line 20 of page 1. By striking "unremarried" from line 15 of page 2. 3682 JOURNAL OF THE HOUSE Senate Amendment #2 The Senate moves to amend HB 81 by inserting "to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding property tax exemptions, so as to redefine the term 'applicant';" between "exemptions;" and "to" on line 4 of page 1. By inserting between Sections 1 and 2 the following: SECTION 1A. Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding property tax exemptions, is amended by striking paragraph (1) and inserting in its place a new paragraph (1) to read as follows: (1) 'Applicant' means a person who is: (A)(i) A married individual living with his spouse; (B)(ii) An individual who is unmarried but who permanently maintains a home for the benefit of one or more other individuals who are related to such individual or dependent wholly or partially upon such individual for support; (C)(iii) An individual who is widowed having one or more children and maintaining a home occupied by himself and the child or children; (D)(iv) A divorced individual living in a bona fide state of separation and having legal custody of one or more children, when the divorced individual owns and maintains a home for the child or children; or (E)(v) An individual who is unmarried or is widowed and who permanently maintains a home owned and occupied by himself.; and (B) Who is a resident of this state as defined in paragraph (15) of Code Section 40-5-1, as amended. Representative Day of the 163rd moved that the House disagree to the Senate amendments to HB 81. The motion prevailed. HB 984. By Representatives Coan of the 101st, Lunsford of the 110th, Ehrhart of the 36th, Ralston of the 7th, Coleman of the 97th 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 for students in elementary and secondary education, so as to provide that a student whose parent is in military service is granted excused absences from school to visit with his or her parent prior to deployment or while on leave; to provide for related matters; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 20, 2006 3683 The following Senate substitute was read: A BILL 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 for students in elementary and secondary education, so as to provide that a student whose parent or legal guardian is in military service is granted excused absences from school to visit with his or her parent or legal guardian prior to deployment or while on leave; to provide for 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. 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 for students in elementary and secondary education, is amended by inserting after Code Section 20-2-692, relating to General Assembly pages granted excused absences, a new Code Section 20-2-692.1 to read as follows: "20-2-692.1. A student whose parent or legal guardian is in military service in the armed forces of the United States or the National Guard, and such parent or legal guardian has been called to duty for or is on leave from overseas deployment to a combat zone or combat support posting, shall be granted excused absences, up to a maximum of five school days per school year, for the day or days missed from school to visit with his or her parent or legal guardian prior to such parent's or legal guardian's deployment or during such parent's or legal guardian's leave. Nothing in this Code section shall be construed to require a local school system to revise any policies relating to maximum number of excused and unexcused absences for any purposes." SECTION 2. 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 984. 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 Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw 3684 JOURNAL OF THE HOUSE Y Bearden E Beasley-Teague 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 Y Cooper Y Cox Y Dodson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick E 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 Hudson Y Hugley E Jackson Y Jacobs E James Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Millar Y Mills Y Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Y Oliver Y O'Neal Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Y Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 149, nays 0. The motion prevailed. HB 173. By Representative Lunsford of the 110th: A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to MONDAY, MARCH 20, 2006 3685 property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations which refurbish and operate historic military aircraft for educational purposes; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, is amended by striking paragraph (14) of subsection (a) and inserting in its place a new paragraph (14) to read as follows: "(14)(A) Property which is owned by and used exclusively as the headquarters, post home, or similar facility of a veterans organization. As used in this paragraph, the term 'veterans organization' means any organization or association chartered by the Congress of the United States which is exempt from federal income taxes but only if such organization is a post or organization of past or present members of the armed forces of the United States organized in the State of Georgia with at least 75 percent of the members of which are past or present members of the armed forces of the United States, and where no part of the net earnings of which inures to the benefit of any private shareholder or individual; or (B) Property which is owned by and used exclusively by any veterans organization which is qualified as a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and which has been organized for the purpose of refurbishing and operating historic military aircraft acquired from the federal government and other sources, making such aircraft airworthy, and putting such aircraft on display to the public for educational purposes; and" SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 2006, statewide general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Act be approved which expands the ad valorem tax exemption for veterans organizations to include certain additional nonprofit veterans organizations which refurbish and operate historic military aircraft for educational purposes?" 3686 JOURNAL OF THE HOUSE All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 2007, and shall apply to all taxable years beginning on or after that date. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Lunsford of the 110th moved that the House agree to the Senate substitute to HB 173. The motion was lost. The House has disagreed. HB 1032. By Representatives Lunsford of the 110th, Ralston of the 7th, Forster of the 3rd, England of the 108th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide for certain restrictions on the issuance of such permit; to provide for a background check for permit renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; 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 1032 by adding between lines 15 & 16 of page 3 "(6) Any person not lawfully present in the United States". Representative Lunsford of the 110th moved that the House agree to the Senate amendment to HB 1032. MONDAY, MARCH 20, 2006 3687 The motion was lost. The House has disagreed. HB 543. By Representatives Casas of the 103rd, Hembree of the 67th, Maxwell of the 17th, Chambers of the 81st and Jones of the 46th: A BILL to be entitled an Act to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other public school personnel, so as to provide for the donation of sick leave from an employee of a local board of education to his or her spouse who is also an employee of the local board of education for certain purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate amendment was read: The Senate moves to amend the substitute (LC 33 0841S) to HB 543 by striking lines 10 and 11 on page 2 and inserting in lieu thereof: (4) A local board of education that establishes a sick leave bank pursuant to paragraph (2) of this subsection shall allow an employee of the local board to donate up to ten sick Representative Casas of the 103rd moved that the House agree to the Senate amendment to HB 543. 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 Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Crawford Y Cummings Y Davis Day Dean Y Dickson Y Dodson Y Dollar Y Drenner E Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley E Jackson Y Jacobs E James Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Jordan Y Keen Y Keown Y Kidd Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar 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 Orrock Y Parham Y Sailor E Scheid Y Scott, A E Scott, M Y Setzler Y Shaw Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton 3688 JOURNAL OF THE HOUSE 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 Gardner Y Geisinger Y Golick E 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 Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox Mangham Y Manning Marin 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 Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 151, nays 0. 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. Representative Rynders of the 152nd District, Chairman of the Committee on IntraGovernmental Coordination, submitted the following report: Mr. Speaker: Your Committee on Intra-Governmental Coordination has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1820 Do Pass Respectfully submitted, /s/ Rynders of the 152nd Chairman The following Resolutions of the House were read and adopted: HR 1892. By Representative Greene of the 149th: A RESOLUTION commending Fire Chief Craig Tully and the ColquittMiller County Volunteer Fire Department; and for other purposes. MONDAY, MARCH 20, 2006 3689 HR 1893. By Representative Richardson of the 19th: A RESOLUTION commending the House temporary employees for the 2006 Regular Session; and for other purposes. HR 1894. By Representative Richardson of the 19th: A RESOLUTION commending the House Interns for the 2006 Regular Session; and for other purposes. HR 1895. By Representatives McCall of the 30th and Fleming of the 117th: A RESOLUTION honoring Millie Augustus Haynes Ashmore, outstanding citizen; and for other purposes. HR 1896. By Representative Brooks of the 63rd: A RESOLUTION commending Ms. Eloise Johnson Tarver Hudson; and for other purposes. HR 1897. By Representative Heard of the 104th: A RESOLUTION expressing regret at the passing of Tom M. Wages, Sr.; and for other purposes. HR 1898. By Representative Loudermilk of the 14th: A RESOLUTION recognizing the City of Adairsville Public Servants Appreciation Day; and for other purposes. HR 1899. By Representatives England of the 108th and Benton of the 31st: A RESOLUTION commending Melissa Gunter on her selection as the STAR student for Apalachee High School; and for other purposes. HR 1900. By Representatives Horne of the 71st and Smith of the 70th: A RESOLUTION express regret at the passing of Bill Miller; and for other purposes. HR 1901. By Representative Walker of the 107th: A RESOLUTION commending Mike Cavan; and for other purposes. 3690 JOURNAL OF THE HOUSE HR 1902. By Representative Sims of the 151st: A RESOLUTION commending Lieutenant Colonel Twala Denise Mathis; and for other purposes. HR 1903. By Representatives Mills of the 25th and Reese of the 98th: A RESOLUTION commending Matt Pridemore on his athletic accomplishments; and for other purposes. HR 1904. By Representative Rice of the 51st: A RESOLUTION commending Zach Guerin on becoming an Eagle Scout; and for other purposes. HR 1905. By Representative Williams of the 4th: A RESOLUTION remembering and honoring Mr. Fred Kelley Harvey, Jr.; and for other purposes. HR 1906. By Representatives Benton of the 31st and Kidd of the 115th: A RESOLUTION remembering the achievements of Benjamin Thomas Epps; and for other purposes. HR 1907. By Representatives Franklin of the 43rd, Cooper of the 41st and Dollar of the 45th: A RESOLUTION commending Tritt Elementary School on being named a 2006 Georgia School of Excellence; and for other purposes. HR 1908. By Representatives Dickson of the 6th and Meadows of the 5th: A RESOLUTION recognizing and commending former Murray County Deputy Sheriff Chuck Butler for his courageous and unselfish act in giving the gift of life through the National Bone Marrow Transplant Program to a teenage girl; and for other purposes. HR 1909. By Representative Jennings of the 82nd: A RESOLUTION commending Evansdale Elementary School on being named a 2006 Georgia School of Excellence; and for other purposes. MONDAY, MARCH 20, 2006 3691 HR 1910. By Representatives Benton of the 31st, McCall of the 30th and England of the 108th: A RESOLUTION commending Todd Shultz; and for other purposes. HR 1911. By Representative Jennings of the 82nd: A RESOLUTION commending Midvale Elementary School on being named a 2006 Georgia School of Excellence; and for other purposes. HR 1912. By Representative Jenkins of the 8th: A RESOLUTION commending the Blairsville Scottish Festival and Highland Games; and for other purposes. HR 1913. By Representatives Coleman of the 144th, Porter of the 143rd, Parrish of the 156th and Morris of the 155th: A RESOLUTION remembering and honoring the life of Mr. Sherwin Glass; and for other purposes. HR 1914. By Representatives Davis of the 109th, Lunsford of the 110th, and Yates of the 73rd: A RESOLUTION commending James T. Henry, Sr.; and for other purposes. HR 1915. By Representatives Davis of the 109th, Lunsford of the 110th, Hatfield of the 177th and Willard of the 49th: A RESOLUTION commending Mark and Regina Meeks; and for other purposes. HR 1916. By Representatives Byrd of the 20th, Hill of the 21st and Murphy of the 23rd: A RESOLUTION recognizing and expressing appreciation to Dr. James Cross on the occasion of his 75th birthday; and for other purposes. HR 1917. By Representatives McCall of the 30th and Coleman of the 144th: A RESOLUTION recognizing and commending Bob and Mary Addison and their family for hosting the Wild Hog Supper; and for other purposes. 3692 JOURNAL OF THE HOUSE The Speaker announced the House in recess until 5:00 o'clock, 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 o'clock, A.M., Wednesday, March 22, 2006. WEDNESDAY, MARCH 22, 2006 3693 Representative Hall, Atlanta, Georgia Wednesday, March 22, 2006 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 E Anderson Ashe Barnard Bearden E Beasley-Teague Benton Black E Borders Bridges Brooks Brown Bryant Buckner, D Buckner, G Burkhalter Burmeister Butler Byrd Carter Casas Chambers Cheokas Cole Coleman, B Cummings Davis Dickson Dodson Drenner Dukes Ehrhart England Everson Fleming Floyd, J Forster Franklin Freeman Gardner Geisinger Graves, D Graves, T Greene Heard, J Heard, K Hembree E Henson Hill, C Hill, C.A Holmes Holt Horne Howard, E Hudson Hugley Jackson Jacobs E James Jamieson Jenkins Jennings Johnson Jones, J Jones, S Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lunsford Maddox Manning Martin Maxwell May McCall Meadows E Millar Mills Mosley Mumford Murphy, J Murphy, Q Neal O'Neal Parham Parsons Porter Ray Reece, B Reece, S Rice Roberts Rogers Royal Rynders E Scheid Scott, M Setzler Shaw Sheldon Sims, C Sims, F E Sinkfield Smith, B Smith, P Smith, R Smith, T Smith, V Stephens Talton Teilhet Thomas, B Tumlin Warren Watson Wilkinson Willard Williams, E Williams, R Yates Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Barnes of the 78th, Benfield of the 85th, Bordeaux of the 162nd, Bruce of the 64th, Burns of the 157th, Channell of the 116th, Cooper of the 41st, Cox of the 102nd, Dean of the 59th, Dollar of the 45th, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Hanner of the 148th, Harbin of the 118th, Hatfield of the 177th, Heckstall of the 62nd, Houston of the 170th, Jordan of the 77th, Lucas of the 139th, Mangham of the 94th, Marin of the 96th, Mitchell of the 88th, Morris of the 155th, Mosby of the 90th, Oliver of the 83rd, Orrock of the 58th, Parrish of the 156th, Powell of the 29th, Ralston of the 7th, Randall of the 138th, Sailor of the 93rd, Scott of the 153rd, Smith of the 70th, Smyre of the 132nd, Stanley-Turner of the 53rd, Stephenson of the 3694 JOURNAL OF THE HOUSE 92nd, Thomas of the 55th, Walker of the 107th, Williams of the 165th, and Wix of the 33rd. They wish to be recorded as present. Prayer was offered by the Reverend Dr. Richard Mark Lee, Sugar Hill First Baptist Church, Sugar Hill, Georgia. The members pledged allegiance to the flag. Representative Heard of the 104th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. The following communication was received: 3/22/2006 Dear Mr. Clerk, My records show that I voted "No" on HB 1473 on March 13, 2006. The Journal shows a "YES" vote. Please have the Journal reflect officially that my vote on HB 1473 was "NO". Bobby Franklin District 43 WEDNESDAY, MARCH 22, 2006 3695 By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees: HB 1637. By Representative Bridges of the 10th: A BILL to be entitled an Act to authorize the Juvenile Court of Habersham County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1638. By Representative Bridges of the 10th: A BILL to be entitled an Act to authorize the State Court of Habersham County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1639. By Representative Bridges of the 10th: A BILL to be entitled an Act to authorize the Probate Court of Habersham County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1640. By Representative Bridges of the 10th: A BILL to be entitled an Act to authorize the Magistrate Court of Habersham County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes. 3696 JOURNAL OF THE HOUSE Referred to the Committee on State Planning & Community Affairs - Local. HB 1641. By Representative Hanner of the 148th: A BILL to be entitled an Act to provide that the judge of the Probate Court of Webster County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Probate Court of Webster County; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1642. By Representative Hanner of the 148th: A BILL to be entitled an Act to provide that the chief magistrate of Webster County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Magistrate Court of Webster County; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1643. By Representative Hudson of the 124th: A BILL to be entitled an Act to provide that the probate judge of Glascock County shall serve ex officio as chief magistrate of the Magistrate Court of Glascock County on and after January 1, 2009; to provide an effective date; to provide for a referendum; to repeal certain Acts; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1644. By Representative Lane of the 167th: A BILL to be entitled an Act to create a board of elections and registration for McIntosh 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 board's performance of certain functions and duties for certain municipalities; to provide for related WEDNESDAY, MARCH 22, 2006 3697 matters; to provide effective dates; to provide for submission under the Voting Rights Act of 1965, as amended; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1645. By Representatives Mills of the 25th, Reece of the 27th, Benton of the 31st and Amerson of the 9th: A BILL to be entitled an Act to create the Northeastern Judicial Circuit Public Defender Study Commission; to provide for the appointment of members; to provide for meetings and operations; to provide for powers, duties, and authority of the commission; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1646. By Representative Coleman of the 144th: A BILL to be entitled an Act to provide for the manner of making appointments to fill vacancies in the membership of the board of the Dodge County Hospital Authority; to repeal a local law for purposes of conformity; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1647. By Representative Smith of the 113th: A BILL to be entitled an Act to provide a homestead exemption from Oconee County ad valorem taxes for the full value of the homestead for residents of that county who are 65 years of age or over and whose gross household income exceeds $40,000.00; 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. HB 1648. By Representative Smith of the 113th: A BILL to be entitled an Act to provide a homestead exemption from Oconee County ad valorem taxes for the full value of the homestead for residents of 3698 JOURNAL OF THE HOUSE that county who are 65 years of age or over and whose gross household income does not exceed $40,000.00; 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. HB 1649. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, so as to provide that power to discipline, remove, and cause involuntary retirement of district attorneys and solicitors-general shall be vested in the Judicial Qualifications Commission in the same manner as provided for judges; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1650. By Representative Hatfield of the 177th: A BILL to be entitled an Act to create a board of elections and registration for Ware 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 board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission 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. Referred to the Committee on State Planning & Community Affairs - Local. HB 1651. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act creating the Satilla Regional Water and Sewer Authority, previously known as the Ware County Water WEDNESDAY, MARCH 22, 2006 3699 and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3689), so as to provide for the composition and selection of the members of the authority; to provide for the appointment, term, and evaluation of an executive director; to provide for certain duties of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1652. By Representatives Jones of the 46th, Martin of the 47th, Geisinger of the 48th, Willard of the 49th, Burkhalter of the 50th and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3633), so as to provide for annexation of certain property; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1653. By Representatives Neal of the 1st, 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, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended, so as to provide an increase in compensation for members 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. HB 1654. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to provide a homestead exemption from Bryan County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. 3700 JOURNAL OF THE HOUSE HB 1655. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to provide for a homestead exemption from City of Pembroke ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1656. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to provide for a homestead exemption from City of Richmond Hill ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1657. By Representatives Abdul-Salaam of the 74th and Jordan of the 77th: A BILL to be entitled an Act to create the Clayton County Missing Children Bureau; to provide for staffing and support; to provide for reports and investigations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1658. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3940), so as to change the number and the description of the council 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 eligibility and qualifications; to provide for the election of the WEDNESDAY, MARCH 22, 2006 3701 mayor; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1659. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act to revise and reenact the law creating a Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, so as to provide for commissioner districts; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1660. By Representative Smith of the 168th: A BILL to be entitled an Act to create a board of elections and registration for Bacon 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 board's performance of certain functions and duties for certain municipalities; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1661. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Baxley, approved August 21, 1911 (Ga. L. 1911, p. 700), as amended, particularly by an Act approved April 13, 1982 (Ga. L. 1982, p. 4725) and an Act approved March 20, 1990 (Ga. L. 1990, p. 4134), so as to provide for the deannexation of certain territory from the corporate limits of said city; to provide for the annexation of certain territory into the corporate limits of said city; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. 3702 JOURNAL OF THE HOUSE HB 1662. By Representatives Burns of the 157th and Carter of the 159th: A BILL to be entitled an Act to provide for an advisory referendum regarding whether Effingham County should adopt a chairperson of the board of commissioners who is elected by the entire county; to provide for an advisory referendum regarding whether Effingham County should establish a board of elections; to provide for ballot questions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 1889. By Representative Jenkins of the 8th: A RESOLUTION honoring the memory of Micajah Clark Dyer, self-taught inventor of the North Georgia mountains and designating the Micajah Clark Dyer Parkway; and for other purposes. Referred to the Committee on Transportation. HR 1890. By Representatives Manning of the 32nd, Smith of the 70th, Williams of the 165th, McCall of the 30th and Hanner of the 148th: A RESOLUTION creating the House Septage Disposal Study Committee; and for other purposes. Referred to the Committee on Natural Resources & Environment. HR 1918. By Representative Cooper of the 41st: A RESOLUTION creating the Joint Comprehensive Medical Education Study Committee; and for other purposes. Referred to the Committee on Health & Human Services. HR 1919. By Representatives Reese of the 98th, Drenner of the 86th, Thomas of the 100th, Geisinger of the 48th and Cox of the 102nd: A RESOLUTION expressing support for the development of biomass renewable energy sources; urging electric utilities to promote the use of renewable biomass energy; urging the Georgia Public Service Commission to encourage the state's utilities to add biomass resources to Georgia's fuel and generating assets and to encourage the development of a renewable fuels industry in Georgia; and for other purposes. WEDNESDAY, MARCH 22, 2006 3703 Referred to the Committee on Public Utilities & Telecommunications. HR 1920. By Representatives Scott of the 153rd, Geisinger of the 48th, Willard of the 49th, Lindsey of the 54th, Oliver of the 83rd and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for state-wide grand juries; to provide for the jurisdiction, powers, and duties of state-wide grand juries; to authorize the General Assembly to provide by law for procedures for the summoning and empaneling of statewide grand juries; to provide for a presiding judge; to provide that the Attorney General or his or her designee shall act as the legal adviser and prosecutor for such state-wide grand juries; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HR 1921. By Representatives Burkhalter of the 50th and Stephens of the 164th: A RESOLUTION to create the House Study Committee on Funding for the Arts; and for other purposes. Referred to the Committee on Rules. HR 1922. By Representative Brown of the 69th: A RESOLUTION creating the House Study Committee on Prevention Programs in Health Care; and for other purposes. Referred to the Committee on Rules. HR 1923. By Representatives Jacobs of the 80th, Chambers of the 81st, Oliver of the 83rd, Millar of the 79th and Jennings of the 82nd: A RESOLUTION creating the House Study Committee on the Restructuring of DeKalb County Government; 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 1635 HB 1636 HR 1859 HR 1860 HR 1861 HR 1887 SB 664 SR 871 3704 JOURNAL OF THE HOUSE Representative McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report: Mr. Speaker: Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 380 Do Pass, by Substitute SB 453 Do Pass, by Substitute SB 613 Do Pass SB 636 Do Pass, by Substitute Respectfully submitted, /s/ McCall of the 30th Chairman Representative Mills of the 25th District, Chairman of the Committee on Banks and Banking, submitted the following report: Mr. Speaker: Your Committee on Banks and Banking has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 505 Do Pass Respectfully submitted, /s/ Mills of the 25th Chairman Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 288 SB 413 SB 515 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute SB 610 Do Pass SB 618 Do Pass WEDNESDAY, MARCH 22, 2006 3705 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 Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 286 SB 409 SB 435 Do Pass Do Pass Do Pass, by Substitute SB 500 SB 574 SR 804 Do Pass, by Substitute Do Pass 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: SB 306 SB 420 SB 525 SB 530 Do Pass Do Pass, by Substitute Do Pass, by Substitute Do Pass SB 569 SB 573 SB 585 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Respectfully submitted, /s/ Willard of the 49th Chairman Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: Mr. Speaker: 3706 JOURNAL OF THE HOUSE Your Committee on Judiciary Non-Civil 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 77 SB 462 SB 572 Do Pass, by Substitute 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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 481 Do Pass SB 523 Do Pass, by Substitute SB 538 Do Pass SB 539 Do Pass 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 of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 191 SB 510 SB 578 Do Pass, by Substitute Do Pass, by Substitute Do Pass Respectfully submitted, /s/ Smith of the 70th Chairman WEDNESDAY, MARCH 22, 2006 3707 Representative Lewis of the 15th District, Chairman of the Committee on Public Utilities and Telecommunications, submitted the following report: Mr. Speaker: Your Committee on Public Utilities and Telecommunications has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation: SR 1081 Do Pass 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 the House and has instructed me to report the same back to the House with the following recommendations: HR 1730 Do Pass HR 1856 Do Pass Respectfully submitted, /s/ Ehrhart of the 36th Chairman Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1099 HB 1627 HB 1629 HB 1630 Do Pass Do Pass Do Pass Do Pass HB 1632 HB 1633 HB 1634 SB 658 Do Pass Do Pass Do Pass Do Pass 3708 JOURNAL OF THE HOUSE Respectfully submitted, /s/ Smith of the 168th Chairman Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 545 Do Pass SB 597 Do Pass, by Substitute Respectfully submitted, /s/ O'Neal of the 146th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, MARCH 22, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 35th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule SB 95 SB 208 SB 244 SB 445 SB 506 Soil Scientists Licensing Act; regulate practice of soil science Central Registry for Traumatic Brain/Spinal Injuries; create state-wide Magistrates Retirement Fund; define terms; create board of commissioners; powers Civil War Commission; editorial changes; change administrative assignment; codify certain provisions HOPE Scholarships; set amount for mandatory fees; eligible public postsecondary institutions; January 1, 2004 WEDNESDAY, MARCH 22, 2006 3709 SB 581 Georgia Public Safety Training Center; emergency medical personnel; provide training; change certain provisions Modified Open Rule SB 398 Criminal Proceedings; plea of insanity; revise procedures of psychiatric evaluations Modified Structured Rule None Structured Rule SB 238 Torts; immunity from civil liability for nonprofit organizations 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 1099. By Representatives Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to authorize the City of Alpharetta 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 related matters; 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 1627. By Representatives Rynders of the 152nd and Hanner of the 148th: A BILL to be entitled an Act to amend an Act to create the Lee County Parks 3710 JOURNAL OF THE HOUSE and Recreation Authority, approved May 17, 2004 (Ga. L. 2004, p. 3788), so as to provide terms for members; to provide for the removal of office for cause; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1629. By Representatives Rynders of the 152nd and Hanner of the 148th: 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, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3697), so as to provide for terms for authority members; to provide for removal from office of authority members under certain circumstances; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1630. By Representatives Rynders of the 152nd and Hanner of the 148th: A BILL to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues, and public buildings, and public property, and finances for the County of Lee," approved August 6, 1921 (Ga. L. 1921, p. 517), as amended, so as to provide for the establishment of terms of offices for members of local authorities; to provide for the removal of members of such authorities for cause; 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 1632. By Representatives Coleman of the 144th and Roberts of the 154th: A BILL to be entitled an Act to create the Historic Milan Railroad Depot Museum Authority; to provide a short title; to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the collection of the revenues, tolls, fees, charges, earnings, and contract payments of the authority; to fix and provide for the venue and jurisdiction of WEDNESDAY, MARCH 22, 2006 3711 actions relating to any provisions of this Act; 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 1633. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to provide a homestead exemption from Bryan County ad valorem taxes for county purposes in the amount of $50,000.00 of the assessed value of the 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. HB 1634. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to provide a homestead exemption from Bryan County ad valorem taxes for county purposes in the amount of $30,000.00 of the assessed value of the homestead for residents of that county; 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 658. By Senator Carter of the 13th: A BILL to be entitled an Act to amend an Act providing for the Tift County Board of Education, approved March 31, 1971 (Ga. L. 1971, p. 2722), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5262), and an Act approved February 16, 1994 (Ga. L. 1994, p. 3538), so as to provide for the continuation in office of the current members; to provide for the election of a chairperson; to provide for related matters; to provide for a submission pursuant to Section 5 of the federal Voting Rights Act of 1965; to provide effective dates; to repeal conflicting laws; and for other purposes. 3712 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: E Abdul-Salaam Amerson E Anderson Y Ashe Y Barnard Barnes Y Bearden E Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown 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 Coleman, T Y Cooper Y Cox Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Dollar Drenner Y Dukes Y Ehrhart Y England Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Graves, D Y Graves, T Y Greene Hanner Y Harbin Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree E Henson Hill, C Y Hill, C.A Holmes Holt Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jamieson Y Jenkins 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 Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Mitchell Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Reece, S Reese Rice Y Roberts N Rogers Y Royal Y Rynders Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet 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 Wix Y Yates Richardson, Speaker On the passage of the Bills, the ayes were 129, nays 1. The Bills, having received the requisite constitutional majority, were passed. Representative Byrd of the 20th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. WEDNESDAY, MARCH 22, 2006 3713 The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 659. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Madison, approved October 6, 1891 (Ga. L. 1890-91, Vol. II, p. 827), as amended, so as to amend, consolidate, revise, and restate such charter and amendatory Acts amending such charter; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 660. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend an Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, so as to provide for the compensation of members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 666. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, particularly by an Act approved August 19, 1916 (Ga. L. 1916, p. 819), and an Act approved March 5, 1976 (Ga. L. 1976, p. 2820), and an Act approved May 22, 2003 (Ga. L. 2003, p. 3661), so as to provide for the transaction of business of the city council; to establish a quorum and the votes necessary to pass or enact any matter; to provide for meetings of the city council and notice thereof; to provide for the duties and powers of the mayor; to provide for the temporary appointment of individuals to act as city manager under certain circumstances; to provide additional duties of the city manager; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 667. By Senators Seay of the 34th and Starr of the 44th: A BILL to be entitled an Act to amend an Act providing for the appointment of the chief magistrate of Clayton County, approved March 26, 1984 (Ga. L. 3714 JOURNAL OF THE HOUSE 1984, p. 4411), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4262), so as to provide a salary for the chief magistrate, to provide an effective date; to repeal conflicting laws; and for other purposes. SB 668. 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 669. By Senators Seay of the 34th and Starr of the 44th: A BILL to be entitled an Act to make provisions related to the compensation of the judge of the juvenile court of the Clayton Judicial Circuit; to provide for the compensation of the judge from state funds and from funds of Clayton County; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 670. 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 671. By Senators Seay of the 34th and Starr of the 44th: A BILL to be entitled an Act to amend an Act changing the composition and manner of selection of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 4130), so as to change the compensation of the chairperson and members of such board; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 672. By Senators Seay of the 34th and Starr of the 44th: WEDNESDAY, MARCH 22, 2006 3715 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 673. 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 674. 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 675. 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. SB 676. 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. 3716 JOURNAL OF THE HOUSE SB 677. 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 March 25, 1994 (Ga. L. 1994, p. 4138), and an Act approved April 16, 1999 (Ga. L. 1999, p. 4665), so as to provide for the salaries of the judges of the state court; to provide for the salary of the solicitor-general of the state court; to provide for a county supplement; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes. SB 678. 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. SB 680. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, so as to restate and revise the provisions of said Act; to provide for a comprehensive restatement; to change provisions relating to the chairperson and vice chairperson of the board and their selection, service, and powers and duties; to change provisions relating to meetings, a quorum, and voting; to modernize certain provisions and language and omit certain obsolete provisions; to provide for other related matters; to repeal conflicting laws; and for other purposes. HB 594. By Representatives Maxwell of the 17th, Hembree of the 67th, Heckstall of the 62nd, Murphy of the 23rd and Randall of the 138th: A BILL to be entitled an Act to amend Code Section 17-6-30 of the Official Code of Georgia Annotated, relating to fees of sureties, so as to change the basis of the bondsmen's fees; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1014. By Representatives Tumlin of the 38th, Ehrhart of the 36th, Jones of the 44th, Golick of the 34th, Manning of the 32nd and others: WEDNESDAY, MARCH 22, 2006 3717 A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend the automatic repeal date for an exemption for overhead materials of a government contractor; to delete obsolete language; to repeal conflicting laws; and for other purposes. HB 1272. By Representatives Graves of the 12th, Brown of the 69th, Ralston of the 7th, Channell of the 116th, Burmeister of the 119th and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption regarding sales to nonprofit volunteer health clinics; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1291. By Representatives Smith of the 131st, Rogers of the 26th, Meadows of the 5th and Murphy of the 120th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to regulate automobile clubs; to provide definitions; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1310. By Representatives O`Neal of the 146th, Knight of the 126th, Cole of the 125th, Smith of the 131st and Mosby of the 90th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding revenue and taxation; 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 change certain provisions relating to confidential information; to change certain provisions regarding forms of payment; to change certain provisions regarding extension of time for certain returns; to change certain provisions regarding sales and use tax return allowances; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 1457. By Representatives Cox of the 102nd, Casas of the 103rd, Everson of the 106th, Rice of the 51st, Floyd of the 99th and others: A BILL to be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3718 JOURNAL OF THE HOUSE 3331), as amended, so as to change the terms of court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1494. By Representatives Smith of the 113th and Holt of the 112th: A BILL to be entitled an Act to create a board of elections and registration for Morgan 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 and terms of members; to provide for employees of the board; 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 compensation of personnel; to provide for offices and equipment; to provide for construction; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1519. By Representative Porter of the 143rd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Dudley, Georgia, in the County of Laurens, approved February 18, 1977 (Ga. L. 1977, p. 2657), as amended, so as to annex certain territory into the City of Dudley and thereby change the corporate limits of such city; to repeal conflicting laws; and for other purposes. HB 1521. By Representative Porter of the 143rd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. L. 1979, p. 3568), as amended, particularly by an Act approved March 26, 1987 (Ga. L. 1987, p. 4810), an Act approved March 20, 1990 (Ga. L. 1990, p. 4073), and an Act approved October 1, 2001 (Ga. L. Ex. Sess. 2001, p. 665), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. HB 1522. By Representative Porter of the 143rd: A BILL to be entitled an Act to amend an Act providing a charter for the City of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3769), so as to WEDNESDAY, MARCH 22, 2006 3719 change the corporate limits of the city; to repeal conflicting laws; and for other purposes. HB 1558. By Representative Burns of the 157th: A BILL to be entitled an Act to amend an Act to incorporate and to grant a new charter to the City of Sylvania, approved March 1, 1963 (Ga. L. 1963, p. 2030), as amended, so as to change the corporate boundaries of such city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1584. By Representatives Smith of the 113th and Holt of the 112th: A BILL to be entitled an Act to create the Morgan 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 conditions for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for liberal construction; to provide for severability; to provide an effective date; 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 425. By Representatives Harbin of the 118th, Knox of the 24th and Watson of the 91st: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to permit insurers to provide food or refreshments under certain circumstances to current or prospective clients during sales presentations and seminars provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1066. By Representatives Manning of the 32nd, Ehrhart of the 36th, O`Neal of the 146th, Cooper of the 41st, Brown of the 69th and others: 3720 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to change certain provisions relating to a system for screening newborns for certain metabolic and genetic disorders; to provide for the establishment of fees; to provide for religious objection to screening; to change certain provisions relating to screening for phenylketonuria, sickle cell anemia, and sickle cell trait; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1257. By Representatives Knox of the 24th, Maxwell of the 17th, Meadows of the 5th and Watson of the 91st: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselor's license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; 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 1244. By Senators Johnson of the 1st, Harp of the 29th, Douglas of the 17th, Williams of the 19th, Tolleson of the 20th and others: A RESOLUTION recognizing and thanking an American hero, General H. Norman Schwarzkopf; and for other purposes. By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees: SB 659. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Madison, approved October 6, 1891 (Ga. L. 1890-91, Vol. II, p. 827), as amended, so as to amend, consolidate, revise, and restate such charter and amendatory Acts amending such charter; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. WEDNESDAY, MARCH 22, 2006 3721 SB 660. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend an Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, so as to provide for the compensation of members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 666. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, particularly by an Act approved August 19, 1916 (Ga. L. 1916, p. 819), and an Act approved March 5, 1976 (Ga. L. 1976, p. 2820), and an Act approved May 22, 2003 (Ga. L. 2003, p. 3661), so as to provide for the transaction of business of the city council; to establish a quorum and the votes necessary to pass or enact any matter; to provide for meetings of the city council and notice thereof; to provide for the duties and powers of the mayor; to provide for the temporary appointment of individuals to act as city manager under certain circumstances; to provide additional duties of the city manager; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 667. By Senators Seay of the 34th and Starr of the 44th: A BILL to be entitled an Act to amend an Act providing for the appointment of the chief magistrate of Clayton County, approved March 26, 1984 (Ga. L. 1984, p. 4411), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4262), so as to provide a salary for the chief magistrate, to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 668. 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 3722 JOURNAL OF THE HOUSE 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 669. By Senators Seay of the 34th and Starr of the 44th: A BILL to be entitled an Act to make provisions related to the compensation of the judge of the juvenile court of the Clayton Judicial Circuit; to provide for the compensation of the judge from state funds and from funds of Clayton County; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 670. 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. Referred to the Committee on State Planning & Community Affairs - Local. SB 671. By Senators Seay of the 34th and Starr of the 44th: A BILL to be entitled an Act to amend an Act changing the composition and manner of selection of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 4130), so as to change the compensation of the chairperson and members of such board; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 672. 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 WEDNESDAY, MARCH 22, 2006 3723 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 673. 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. SB 674. 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 675. 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 676. By Senators Seay of the 34th and Starr of the 44th: 3724 JOURNAL OF THE HOUSE 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 677. 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 March 25, 1994 (Ga. L. 1994, p. 4138), and an Act approved April 16, 1999 (Ga. L. 1999, p. 4665), so as to provide for the salaries of the judges of the state court; to provide for the salary of the solicitor-general of the state court; to provide for a county supplement; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 678. 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 680. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, so as to restate and revise the provisions of said Act; to provide for a comprehensive restatement; to change provisions relating to the chairperson and vice chairperson of the board and their selection, service, and powers and duties; to change provisions relating to meetings, a quorum, and voting; to modernize certain provisions and language and omit certain WEDNESDAY, MARCH 22, 2006 3725 obsolete provisions; to provide for other 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: Davis of the 109th, Sims of the 169th, Cox of the 102nd, Hugley of the 133rd, Hill of the 21st, and Watson of the 91st. The following Resolution of the House was read and referred to the Committee on Rules: HR 1924. By Representative Maddox of the 172nd: A RESOLUTION commending Mr. Douglas Harrell for his heroic rescue of a drowning man and inviting him to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: SB 244. By Senators Hudgens of the 47th, Kemp of the 46th, Douglas of the 17th and Grant of the 25th: A BILL to be entitled an Act to amend Title 47 of the O.C.G.A., relating to retirement and pensions, so as to create the Magistrates Retirement Fund; to define certain terms; to create a board of commissioners; to provide for appointment and terms of members of the board; to provide for the office of secretary-treasurer of the board; to provide for additional employees; to provide for a salary and fund membership; to provide for powers and duties of the board; to provide that the state auditor shall make annual audits of the fund; to provide conditions for eligibility for membership; to provide conditions for eligibility to receive a retirement benefit; to provide for a retirement benefit; to provide for benefits for surviving spouses; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL 3726 JOURNAL OF THE HOUSE To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to create the Magistrates Retirement Fund; to define certain terms; to create a board of commissioners; to provide for appointment and terms of members of the board; to provide for the office of secretary-treasurer of the board; to provide for additional employees; to provide for a salary and fund membership; to provide for powers and duties of the board; to provide that the state auditor shall make annual audits of the fund; to provide conditions for eligibility for membership; to provide for dues; to provide for an additional fee on civil actions and proceedings filed in magistrate courts to be paid to the fund; to provide conditions for eligibility to receive a retirement benefit; to provide for a retirement benefit; to provide for benefits for surviving spouses; to provide for a refund of dues; to provide for disability benefits; to provide for membership in other retirement plans; to provide for a reduction of benefits in the event of insufficient funds; to provide for an exemption from attachment and garnishment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by inserting at the end thereof the following: "CHAPTER 25 ARTICLE 1 47-25-1. As used in this chapter, the term: (1) 'Average final monthly compensation' means the average monthly earnable compensation of any employee during his or her highest 24 months of creditable service. (2) 'Board' means the Board of Commissioners of the Magistrates Retirement Fund of Georgia. (3) 'Full-time chief magistrate' means a chief magistrate who regularly exercises the powers of a magistrate as set forth in Code Section 15-10-2 at least 40 hours per workweek. (4) 'Fund' means the Magistrates Retirement Fund of Georgia. (5) 'Member' means a member of the Magistrates Retirement Fund of Georgia. (6) 'Secretary-treasurer' means the secretary-treasurer of the Board of Commissioners of the Magistrates Retirement Fund of Georgia. ARTICLE 2 47-25-20. (a) There is created the Board of Commissioners of the Magistrates Retirement Fund of Georgia. The board shall consist of seven members as follows: WEDNESDAY, MARCH 22, 2006 3727 (1) The Governor or the Governor's designee; (2) An appointee of the Governor who is not the Attorney General; and (3) Five full-time chief magistrates who are members of the fund. (b) The members of the board provided for by paragraph (3) of subsection (a) of this Code section shall be appointed by the Governor. The first such members shall be appointed by the Governor to take office on July 1, 2006, for initial terms as follows: one such member shall be appointed for one year; two such members shall be appointed for terms of two years; and two such members shall be appointed for terms of three years. Thereafter, the Governor shall appoint successors upon the expiration of the respective terms of office for terms of three years. All such members shall serve until their successors are appointed and qualified. Such members shall be eligible for reappointment to successive terms of office as members of the board. (c) The board shall elect a chairperson from among its own membership to serve for a term as established by rules of the board. Four members of the board shall constitute a quorum for the transaction of business. All members of the board shall serve without compensation but may be reimbursed for travel and other expenses incurred by them in carrying out their duties as members of the board. (d) In the event of a vacancy in the membership of the board, the remaining members of the board shall appoint a full-time chief magistrate who is a member of the fund to fill such vacancy for the unexpired term. (e) The Council of Magistrate Court Judges shall be authorized to submit the names of nominees for each position on the board appointed by the Governor pursuant to this Code section. The Governor may consider such nominees in making such appointments, but it is specifically provided that all such appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to make any appointments from nominees made by the Council of Magistrate Court Judges. 47-25-21. (a)(1) There is created the office of secretary-treasurer of the board. The secretarytreasurer shall be elected and appointed by the board and shall serve at the pleasure of the board. His or her compensation and duties may be fixed by the board. In addition to such salary, the secretary-treasurer shall receive credit for a sum of $1,250.00 per year as dues in the retirement system. (2) The board or the secretary-treasurer with the approval of the board may employ additional personnel to assist the board or secretary-treasurer in carrying out duties provided in this chapter. The compensation and duties of any such personnel shall be fixed by the board. (b) The secretary-treasurer shall be paid retirement benefits upon retiring as secretarytreasurer as provided in Article 5 of this chapter for a full-time chief magistrate retiring with the highest benefit allowed by such article and shall be entitled to any retirement option allowed by such article. (c) The board shall have authority to require the secretary-treasurer to give a good and sufficient surety bond in an amount to be determined by the board. The bond shall be 3728 JOURNAL OF THE HOUSE payable to the board and shall be conditioned upon the proper and faithful performance of the duties of the secretary-treasurer. The secretary-treasurer shall be required to make quarterly reports to the board, which reports shall show all receipts and disbursements in such form and in such manner as the board may require. He or she shall likewise be required quarterly to make a full account of all moneys or property coming into his or her hands on behalf of the board at any time. 47-25-22. (a) The board is granted the following powers and duties: (1) To provide for the collection of all moneys provided in this chapter; (2) To pay the administrative expenses of the board; (3) To hear and decide all applications for retirement benefits under this chapter; (4) To make payment of all retirement benefits that may be determined to be due under the terms of this chapter; (5) To make all necessary rules and regulations, not inconsistent with the laws of the state, for its government and for the government of the employees of the board; (6) To determine and fix rules of eligibility of persons to receive retirement benefits; (7) To make refunds and repayments to persons who may be entitled to receive them; and (8) To keep all records of its meetings. (b) The board shall also have all powers necessary for the purpose of administering this chapter. (c)(1) Subject to the terms and limitations of this subsection, the board is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Article 5 of this chapter for persons theretofore or thereafter retiring under this chapter. Such method shall be based upon: (A) The recommendation of the actuary of the board of trustees; (B) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (C) Such other factors as the board deems relevant. Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine. No benefit increase shall be awarded under this paragraph greater than 1.5 percent in any six-month period. (2) No member shall receive a benefit increase under paragraph (1) of this subsection in any year in which he or she realizes a benefit increase by operation of Code Section 47-25-81. 47-25-23. (a) The board shall have control of all funds provided for in this chapter and all funds shall be received and disbursed from a special account to the credit of the board. The WEDNESDAY, MARCH 22, 2006 3729 expenses of administering this fund and the benefits provided for in this chapter shall be paid from such funds. The board shall have authority to expend the funds in accordance with this chapter. (b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund. (c) The board is authorized to employ agents, including, but not limited to, banks or trust departments thereof, and to contract with such agents for their services as investment advisers and counselors, making recommendations for investments and making investments if the board so authorizes. 47-25-24. The board may take, by gift, grant, or bequest, any money, real or personal property, or any other thing of value and may hold or invest it for the use and purposes of the fund in accordance with this chapter. 47-25-25. The board shall keep permanent records of all persons who qualify to participate in the benefits of this chapter, an accurate record of all payments and disbursements, and a detailed record of all the acts and doings of the board. 47-25-26. The state auditor is authorized and directed to make an annual audit of the acts and doings of the board and to make a complete report of the same to the General Assembly in such detail as he or she may see fit. The state auditor shall also have the right to audit the affairs of the board and any of its employees at any time that he or she may see fit or at any time that he or she may be requested to do so by the board or by the Governor. ARTICLE 3 47-25-40. Before any person shall be eligible to participate in the fund, he or she must be serving as a duly qualified and commissioned full-time chief magistrate of a county of the State of Georgia or as the secretary-treasurer. Any qualified person who desires to participate in the fund shall make application to the board for membership in the fund on a form to be furnished by the board for that purpose, giving such information, together with verification and proof thereof, as may be required by the board. Such 3730 JOURNAL OF THE HOUSE application shall be made not later than July 1, 2007, or within six months after becoming eligible for membership, whichever is later. 47-25-41. Each member shall pay into the fund as dues the sum of $105.00 per month. Each month's dues shall be paid not later than the tenth day of that month. ARTICLE 4 47-25-60. (a) In addition to all other legal costs, the sum of $3.00 shall be charged and collected in each civil matter or proceeding filed in the magistrate courts. (b) The clerks of the magistrate courts shall collect the fees provided for in subsection (a) of this Code section and the fees so collected shall be remitted to the board on a quarterly basis or at such time as the board may provide. It shall be the duty of the clerks to keep accurate records of the amounts due the board under this Code section and such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used for the purposes provided in this chapter. ARTICLE 5 47-25-80. In order for a member to be eligible to receive retirement benefits under this chapter, he or she must have: (1) Served as a regularly qualified and commissioned full-time chief magistrate or as the secretary-treasurer for at least eight years; (2) Fully complied with this chapter; (3) Terminated his or her official capacity as a full-time chief magistrate or as the secretary-treasurer; (4) Attained the age of 60 years; (5) Filed with the board his or her application for such retirement, on a form to be furnished by the board, within a period of 90 days, or as soon thereafter as possible, after reaching the age of 60 years or after termination of his or her official capacity as a full-time chief magistrate or as the secretary-treasurer, whichever may occur last in point of time; and (6) Had his or her application for retirement approved by the board. 47-25-81. Any member who is approved for retirement benefits as provided in Code Section 4725-80 shall be paid a monthly sum equal to 4 percent of his or her average final monthly compensation for each year served by the member up to, but not exceeding, a total of 20 years; provided, however, that the final annual compensation used for calculating a benefit under this Code section shall not exceed $33,772.20; provided, WEDNESDAY, MARCH 22, 2006 3731 further, that the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the maximum final monthly compensation used for calculating a benefit as provided in this Code section. Such method or methods shall be based upon: (1) The recommendation of the actuary of the board of trustees; (2) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (3) Such other factors as the board deems relevant; provided, however, that any such increase shall be uniform and shall apply equally to all members of this retirement system. No time for which dues have not been paid in accordance with Code Section 47-25-41 shall be considered in determining the number of years of service. 47-25-82. (a) As used in this Code section, the term 'surviving spouse' means the person who was married to a member on the date of the member's death. (b) Upon the death of any member who is then receiving retirement benefits and upon the surviving spouse of such member attaining 60 years of age, said spouse shall be paid spouse's benefits which shall be equal to 50 percent of the retirement benefits then being paid to such member. Such benefits shall be paid for the remainder of the life of such surviving spouse. (c) Upon the death of any member prior to retirement, the surviving spouse of such member may elect: (1) To withdraw the dues paid into the retirement fund by the deceased member plus interest at the rate specified by law, in which case the spouse shall be deemed to have waived any right to any benefits; or (2) To leave such dues in the retirement fund and to receive spouse's benefits which shall be payable beginning: (A) On the date of the member's death, if such member is 60 years of age or older; or (B) On the date on which the surviving spouse of the deceased member reaches 60 years of age, whichever event occurs last, and which shall be equal to 50 percent of the retirement benefits which the deceased member was drawing at the time of death or, in the case of a member who dies prior to his or her sixtieth birthday, which such deceased member would have been entitled to receive upon reaching 60 years of age had he or she lived and ceased service as a full-time chief magistrate or the secretary-treasurer on the date of his or her death. (d) A member who is unmarried at the time of such election may designate a survivor at the time of making such election. If a member is married at the time of such election, the member may elect a designated survivor other than his or her spouse under this subsection only with the written agreement of the spouse. In any event, the designated 3732 JOURNAL OF THE HOUSE survivor shall be a person with whom the member has a familial relationship through blood, marriage, or adoption. The designated survivor designated pursuant to this subsection shall be entitled to a survivor's benefit which is the actuarial equivalent to a surviving spouse's benefit as provided in subsection (b) of this Code section. 47-25-83. (a) Any member, after ceasing to serve as a full-time chief magistrate or as the secretary-treasurer and after waiving any right to retirement benefits in writing on a form to be provided by the board, may apply for and be refunded all dues paid, together with 5 percent simple interest per annum from the end of the calendar year in which paid to the end of the calendar year next preceding the application for the refund. (b) Although retirement pay shall be based on Code Section 47-25-81 and nothing in this Code section shall be construed to alter same, at the effective date of retirement, simple interest at a rate of 5 percent per annum shall be computed on all dues paid from the end of the calendar year in which paid to the end of the calendar year immediately preceding the date of retirement and shall be added to the total dues paid. After all retirement benefits coming due under Code Section 47-25-81 have been paid and if the total thereof shall not be equal to or exceed the above total of dues and interest, then the balance of such principal and interest shall be paid to the estate of the deceased member. (c) Upon application by the estate of any member who dies prior to retirement and who does not have a surviving spouse who is eligible for benefits under Code Section 47-2582, all dues paid by such deceased member, together with 5 percent simple interest per annum from the end of the calendar year in which paid to the end of the calendar year next preceding the application for the refund, shall be paid to the estate of the deceased member. (d) No dues may be refunded except in strict compliance with this Code section. 47-25-84. Notwithstanding any other provisions of this chapter to the contrary, a member may retire after completing four years of creditable service if he or she becomes totally and permanently disabled after commencing service as a full-time chief magistrate or as the secretary-treasurer. Any such member shall be entitled to receive retirement benefits in the amount that he or she would receive if his or her retirement were effective at the time he or she became disabled. All questions relating to the degree and nature of the total and permanent disability suffered by the member shall be determined by the board. 47-25-85. Nothing contained in this chapter shall be construed so as to prevent any person who is a member of the fund from belonging to any other retirement, annuity, or benefit system. WEDNESDAY, MARCH 22, 2006 3733 47-25-86. (a) If a retired member becomes employed as a full-time or part-time magistrate or chief magistrate, his or her retirement benefits shall be suspended during the period of time he or she holds such position, and upon cessation of such service, his or her prior retirement allowance shall be resumed. (b) If a retired member becomes employed as a full-time chief magistrate, he or she may elect again to become a contributing member of the retirement system and be governed by the retirement provisions of this chapter. ARTICLE 6 47-25-100. If the board determines that the funds derived from the sources provided for in this chapter are not actuarially sufficient at any time to enable the board to pay in full each person determined to be entitled to the benefits provided for, plus all contingent and other liabilities, then a prorated percentage of such payments shall be made to each person entitled thereto until the funds shall be replenished actuarially sufficient to enable the board to resume such payments in accordance with the terms of this chapter. In no event shall the board or any member thereof be liable to any person for any deficiency in payments made under this Code section. 47-25-101. None of the funds provided for in this chapter shall be subject to attachment, garnishment, or judgment rendered against the person entitled to receive the same. Such funds shall not be assignable." SECTION 2. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Cummings of the 16th assumed the Chair. 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: 3734 JOURNAL OF THE HOUSE E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns 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 Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster E Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y 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, E 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 Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell N May Y McCall McClinton Y Meadows E Millar 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 Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre 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 157, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. Mr. Clerk, I was off the floor when the House considered SB 244. Since the Bill adds a $3 tax per filing in Magistrate Court, please record my vote as "NO". Bobby Franklin District 43 WEDNESDAY, MARCH 22, 2006 3735 Representatives Cox of the 102nd and James of the 135th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Representative Byrd of the 20th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon. The Speaker assumed the Chair. SB 95. By Senators Harp of the 29th, Kemp of the 46th, Stephens of the 27th, Hudgens of the 47th and Seabaugh of the 28th: A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to regulate the practice of soil science; to provide for a short title; to provide for legislative purpose; to define certain terms; to provide for inapplicability; to provide for the State Licensing Board for Professional Soil Scientists; to provide for board powers and duties; to provide for administration; to provide for certain records; to provide for filing and service of documents; to provide for applications; to provide for eligibility; to provide for licensing; to provide for refusal and discipline; to provide for seals; to provide for a code of professional conduct; to provide for charges of violations; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Natural Resources, so as to provide that evaluations and reports of licensed soil scientists shall be accepted by the Department of Natural Resources for certain purposes; to define certain terms; to amend Code Section 31-3-5 of the Official Code of Georgia Annotated, relating to functions of county boards of health, so as to provide that evaluations and reports of licensed soil scientists shall be accepted by county boards of health for certain purposes; to provide for certifications of certain reports by licensed soil scientists and other persons qualified to conduct soil evaluations for on-site sewage management systems; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate the practice of soil science; to provide for a short title; to provide for legislative purpose; to define certain terms; to provide for inapplicability; to provide for the State Licensing Board for Professional Soil Scientists; to provide for board powers and duties; to provide for certain records; to provide for filing and service of documents; to provide for applications; to provide for eligibility; to provide for licensing; to provide for refusal 3736 JOURNAL OF THE HOUSE and discipline; to provide for seals; to provide for a code of professional conduct; to provide for charges of violations; to require utilization of licensees by government entities; to provide for a legal adviser; to provide for exemptions; to make certain acts unlawful; to provide punishment for violations; to provide for related matters; to provide a contingent 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 12 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Natural Resources, is amended by adding a new Code section to read as follows: "12-2-10. Any person who is a licensed soil scientist under Chapter 43B of Title 43 may submit evaluations and reports to the department when such are required by the department for purposes of satisfying requirements of this title; specifically erosion, sedimentation and pollution control, underground injection control, and large community subsurface systems. Such reports by a licensed soil scientist shall be accepted by the department for such purposes." SECTION 2. Code Section 31-3-5 of the Official Code of Georgia Annotated, relating to functions of county boards of health, is amended by striking subsection (d) and inserting in lieu thereof the following: "(d)(1) Any person may register with the department to conduct soil investigations and prepare soil reports of a site within the state for an on-site sewage management system who if such person meets any one of the following criteria: (A) Qualifies as a soil classifier as defined in subparagraph (B) of paragraph (3) of this subsection; (B) Holds a valid certificate of registration as a professional engineer issued pursuant to Chapter 15 of Title 43 and is practicing within his or her area of engineering competency; (C)(B) Holds a valid certificate of registration as a registered geologist issued pursuant to Chapter 19 of Title 43 and is practicing within his or her area of geologic competency; or (D)(C) Is a soil and water conservation technician as defined in subparagraph (A) of paragraph (3) of this subsection employed as such by a soil and water conservation district provided for in Article 2 of Chapter 6 of Title 2. (2)(A) Upon the submission of an evaluation of the suitability of a site within the state for an on-site sewage management system by such a person who is a licensed soil scientist under Chapter 43B of Title 43 or who is registered with the department under this subsection, the county board of health shall be required to accept the evaluation unless such evaluation is found by the county board of health to be WEDNESDAY, MARCH 22, 2006 3737 deficient or questionable. If the county board of health finds such evaluation to be deficient or questionable, the board shall, within three working days of making such finding, issue a written determination stating all deficiencies and all measures needed to correct the deficiencies. A copy of this determination shall be provided to the state director of environmental health. (B) An evaluation shall not be deemed deficient or questionable and shall be accepted by the county board of health if the following certification is printed on the report at least one inch apart from any other text and in type size and boldness equal to or greater than any other type size and boldness in the body of the report and signed by a licensed soil scientist or a person registered with the department under this subsection; provided, however, that such certification shall not be required except for purposes of the guaranteed acceptance provided by this subparagraph: By affixing my seal and signature, I, (name), certify that I have mapped the soils of the area covered by this report in accordance with National Cooperative Soil Survey Standards of the United States Department of Agriculture Natural Resources Conservation Service. This evaluation has met or exceeded the minimum field standards of the Georgia Department of Human Resources, Division of Public Health, Environmental Health Section. The soils map and its interpretation are my opinions based upon the results of my evaluation. The Environmental Health Section or county health department will make final determinations regarding use of these soils for on-site sewage management systems. I have delivered a copy of this report to the owner of the subject real property and, by this certification, I guarantee to such owner and his or her successors in interest for a period of three years from the date of this certification that an on-site sewage management system installed in accordance with the recommendations of this report will not malfunction due to soil conditions during such period; provided, however, that if the soils are altered after this report date or the soils are not used as recommended, I will not be responsible for malfunctions arising from such soils issues. __________________________________ Name __________________________________ Address' (3) As used in this subsection, the term: (A) 'Soil and water conservation technician' means a person employed as a soil and water conservation technician by a soil and water conservation district provided for in Article 2 of Chapter 6 of Title 2. (B) 'Soil classifier' means a person who: (i) Holds at least a bachelor of science degree from an accredited college or university with a major in soil science or a related field of science. This degree shall include 30 semester credit hours or equivalent quarter credit hours in the 3738 JOURNAL OF THE HOUSE biological, physical, chemical, and earth sciences with a minimum of 15 semester credit hours or equivalent quarter hours in soil science courses meeting the following distribution: (I) A minimum of one course in soil classification, morphology, genesis, and mapping; and (II) The remaining soil science credits must be in at least three of the following eight categories: introductory soil science; soil fertility; soil microbiology; soil chemistry; soil physics; soil management, soils and land use, or soils and the environment; soil mineralogy; or a three credit maximum in independent study, geology, or hydrology; and (ii) Has at least four years of verifiable full-time or equivalent part-time experience under the supervision of a soil classifier who has met the education and experience requirements provided in this subparagraph. Such experience must be obtained after meeting all educational requirements defined in this subparagraph and must have been spent actively mapping, identifying, and classifying soil features and interpreting the influence of soil features on soil uses including, but not limited to, conducting soil investigations for determining the suitability of sites for on-site sewage management systems as approved by the department's soil classifiers advisory committee; and (iii) Has successfully passed a written examination pertaining to site investigations for on-site sewage management systems administered or approved by the department." SECTION 3. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by inserting a new chapter to read as follows: "CHAPTER 43B 43-43B-1. This chapter shall be known and may be cited as the 'Soil Scientists Licensing Act of 2006.' 43-43B-2. The purpose of this chapter is to protect life, property, health, and public welfare through regulation of the practice of soil science in the state; to define the practice of soil science as a profession by establishing minimum standards of ethical conduct and professional responsibility and by establishing professional education and experience requirements; and to prevent abuses in the practice of soil science by untrained or unprincipled individuals. This action recommends itself through benefits to the people of this state and promotion of the public welfare. These benefits are in the field of soil science as related to on-site disposal of domestic waste water (septic systems), land treatment of various waste waters, byproducts, and residual solids on land, WEDNESDAY, MARCH 22, 2006 3739 bioremediation, erosion and sedimentation, soil productivity, protection of surface and ground water, identification of wetlands and unique natural resources, and other soil matters of concern to the people of the state. 43-43B-3. As used in this chapter, the term: (1) 'Board' means the State Licensing Board for Professional Soil Scientists. (2) 'License' means a certificate issued by the board to an individual who satisfies the requirements established for a licensed soil scientist under this chapter and the rules and regulations adopted pursuant to this chapter. (3) 'Licensed soil scientist' means a person who is licensed as a soil scientist under this chapter. (4) 'Public practice of soil science' means any service or work, the adequate performance of which requires education in the physical, chemical, and biological sciences, as well as soil science; training and experience in the application of special knowledge of these sciences to the use and management of soils by accepted principles and methods; investigation, evaluation, and consultation in the use and management of soils; and in which the performance is related to the public welfare by safeguarding life, health, property, and the environment. The term includes, but is not limited to, investigating and evaluating the interaction between water, soil, nutrients, plants, and other living organisms that are used to prepare soil scientists reports for subsurface ground absorption systems, including infiltration galleries; land application of residuals such as sludge, septage, and other wastes; spray irrigation of waste water; soil remediation at conventional rates; land application of agricultural products and processing residues; bioremediation and volatilization; soil erodibility and sedimentation; and identification of hydric soil and redoximorphic features. (5) 'Responsible charge of work' means the independent control and direction, by the use of initiative, skill, and independent judgment, of soil science work or the supervision of such work. (6) 'Soil' means the unconsolidated mineral or organic matter on the surface of the earth that has been subjected to and influenced by genetic and environmental factors of parent material, climate (including water and temperature effects), microorganisms, and topography, all acting over time and producing a product that differs from the material from which it is derived in many physical, chemical, biological, and morphological properties and characteristics. (7) 'Soil science' means the science dealing with soils as an environmental resource. Soil science includes soil characterization, classification, and mapping; the physical, chemical, hydrologic, mineralogical, biological, and microbiological analysis of soil; and the assessment, analysis, modeling, testing, evaluation, and use of soil for the benefit of mankind. Soil science does not include design or creative works, the adequate performance of which requires extensive geological, engineering, land surveying, forestry, or landscape architecture education, training, and experience or requires registration as a geologist under Chapter 19 of this title, professional engineer 3740 JOURNAL OF THE HOUSE or land surveyor under Chapter 15 of this title, or forester under Part 2 of Article 1 of Chapter 6 of Title 12 or licensing as a landscape architect under Chapter 23 of this title. (8) 'Soil scientist-in-training' means a person who has passed the examination and satisfied all other requirements for licensure under this chapter except for the professional work experience requirement. (9) 'Subordinate' means any person who assists a licensed soil scientist in the practice of soil science without assuming the responsible charge of work. 43-43B-4. This chapter does not apply to the following individuals: (1) An officer or employee of: (A) The federal government; (B) The state government; or (C) Any local government while such officer or employee is providing soil science services for the officer's or employee's employer; (2) An individual engaged solely in soil science research or the instruction of soil science; (3) An individual not engaged in the public practice of soil science; (4) A professional engineer registered under Chapter 15 of this title who applies soil science to the practice of engineering; (5) A professional geologist registered under Chapter 19 of this title who applies soil science to the practice of geology; (6) A professional forester registered under Part 2 of Article 1 of Chapter 6 of Title 12 who applies soil science to the practice of forestry; (7) A person who is a certified professional in erosion and sediment control (CPESC) or soil conservationist who uses soil science in making land use decisions for the conservation of soil and water resources; (8) A professional wetlands specialist who applies soil science to make wetland delineations or determinations; (9) A person who conducts soil sampling solely for the purpose of determining plant nutrient and lime application rates for gardening and agricultural purposes; or (10) A soil and water conservation technician registered with the Department of Human Resources under subsection (d) of Code Section 31-3-5 when applying soil science for purposes of said subsection. 43-43B-5. (a) The State Licensing Board for Professional Soil Scientists is created, whose duty it shall be to administer this chapter. The board shall be composed of: (1) Five members who shall be eligible for licensure under this chapter and who on and after July 1 of the year following the effective date of this chapter shall be soil scientists licensed under this chapter, one of whom shall be an academic soil scientist, WEDNESDAY, MARCH 22, 2006 3741 one a governmental soil scientist, one a salaried company soil scientist, one an independent or consultant soil scientist, and one a soil scientist at large; (2) A sixth member who shall be appointed from the public at large and who shall have no connection whatsoever with the practice of professional soil science; and (3) The commissioner of human resources, ex officio, or his or her designated agent. (b) The members of the board provided for in paragraphs (1) and (2) of subsection (a) of this Code section shall be appointed by the Governor, subject to approval as to qualifications by the Secretary of State and confirmation by the Senate, for terms of five years and until their successors are appointed and qualified. On the expiration of the term of any member, the member's successor shall be appointed in the same manner as regular appointments. (c) Each member of the board shall be a citizen of the United States and a resident of the State of Georgia. (d) No person shall serve as a member of the board for more than two consecutive terms. (e) The Governor may remove any member of the board pursuant to the authority of Code Section 43-1-17. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the Governor as provided for in this chapter. (f) The members of the board shall, before entering upon the discharge of their duty, subscribe to and file with the office of the Governor the required oath of office, whereupon the Governor shall issue to each appointee a certificate of appointment. (g) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. 43-43B-6. (a) In addition to other powers and duties specified in this chapter, the board shall: (1) Promulgate, adopt, amend, and repeal all rules and regulations necessary for its government and for carrying this chapter into effect for the regulation of proceedings before the board. The board and all of its rules, regulations, and procedures are subject to and shall comply with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (2) Adopt and have an official seal; (3) Elect from its membership a chairperson, a vice chairperson, and any other officers deemed necessary who shall hold office for a term of one year; (4) Issue, renew, refuse to renew, deny, suspend, revoke, and reinstate licenses or otherwise discipline licensees under this chapter; (5) Initiate investigations for the purpose of discovering violations of this chapter; (6) Hold hearings on all matters properly brought before the board and, in conjunction therewith, to administer oaths, receive evidence, make necessary findings, and enter orders consistent with the findings. The board may designate one or more of its members as its hearing officer; (7) Adopt a code of professional conduct; (8) Establish and receive fees as required by this chapter; 3742 JOURNAL OF THE HOUSE (9) Examine and determine the qualifications and fitness of applicants for licenses to practice soil science in this state; (10) Bring proceedings in the courts for the enforcement of this chapter or any rules or regulations promulgated pursuant to this chapter; (11) Establish reasonable standards for continuing professional education for soil scientists; provided, however, that no examination shall be required for a renewal of a license; and (12) Have such other powers and duties as are necessary to effectuate the purposes of this chapter. (b) The board shall be assigned to the office of the Secretary of State for administrative purposes, shall operate under the jurisdiction of the division director, and shall operate in accordance with and pursuant to the provisions of Chapter 1 of this title, as applicable. 43-43B-7. All appeals from a decision of the board, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board shall be filed with or served upon the division director at his or her office. 43-43B-8. An application for licensing as a soil scientist shall be made under oath and shall show the applicant's education and a detailed summary of the applicant's professional work experience as a soil scientist. The application shall be accompanied by an application fee fixed by the board. 43-43B-9. (a) To be eligible for a license as a soil scientist in this state, an applicant shall meet each of the following minimum qualifications: (1) Be of good ethical character; (2) Hold at least a bachelor's degree in science from an accredited college or university with a major in soil science or a related field of science. Such degree shall include a minimum of 30 semester hours or equivalent quarter credit hours in agricultural, biological, chemical, physical, or earth sciences, with a minimum of 15 semester credit hours or equivalent quarter credit hours in soil science courses; (3) Have at least four years of professional work experience as a soil scientist under the supervision of a licensed soil scientist or a soil scientist who is eligible for licensure under this chapter. An applicant may substitute an advanced degree in soil science for a portion of the professional work experience requirement. The board, in its discretion, may allow an applicant to substitute a master's degree in soil science for one year of professional work experience and to substitute a doctoral degree in soil science for two years of professional work experience. The board, in its discretion, may allow an applicant to substitute experience gained through teaching upper-level soil science courses at the college or university level or research in soil science for all WEDNESDAY, MARCH 22, 2006 3743 or any portion of the professional work experience requirement if the board finds the teaching or research to be equivalent to the responsible charge of work by a soil scientist; and (4) Successfully pass such examinations as are established by the board and which are designed to demonstrate that the applicant has the necessary knowledge and skill to exercise the responsibilities of the public practice of soil science. (b) The board shall designate an applicant who meets all the requirements for a license under this chapter except the professional work experience requirement as a soil scientist-in-training. A soil scientist-in-training may apply for a license upon completion of the professional work experience requirement. (c)(1) The board shall waive examination requirements for licensing for an individual who, on the effective date of this chapter, is certified as a soil scientist or soil classifier by: (A) The American Registry of Certified Professionals in Agronomy, Crops, and Soils (ARCP ACS); or (B) The Department of Human Resources. (2) Examinations shall be held at least annually. (3) The board shall determine the fee for and the scope, form, and content of the examinations provided for under this chapter. (d) A person holding a license to engage in the practice of soil science on the basis of comparable licensing requirements issued to him or her by a proper authority of another state, territory, or possession of the United States or the District of Columbia and who, in the opinion of the board, otherwise meets the requirements of this chapter based on verified evidence may be licensed upon application without further examination. 43-43B-10. (a) The board shall issue a license, upon payment of the license fee set by the board, to any applicant who, in the opinion of the board, has satisfactorily met the requirements of this chapter. (b) All licenses shall be renewable biennially at such time as may be designated by the board. All applications for renewal shall be filed with the board prior to the expiration date, accompanied by the renewal fee prescribed by the board. A license which has expired for failure to renew may only be reinstated after application and payment of the prescribed reinstatement fee within six months of the expiration date, provided that the applicant meets such requirements as the board may establish by rule. (c) A new license to replace any license that is lost, destroyed, or mutilated may be issued subject to the rules of the board and payment of a fee set by the board. 43-43B-11. (a) The board shall have the authority to refuse to grant a license to an applicant therefor or to revoke or suspend the license of a person licensed by the board or to otherwise discipline a person licensed by the board the same as provided in Code Section 43-1-19 for professional licensing boards. 3744 JOURNAL OF THE HOUSE (b) The action by the board in granting or refusing to grant or renew a license under this chapter or in revoking or suspending or in refusing to revoke or suspend such a license may be appealed in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' to the superior court of the county of domicile of the board; provided, however, that if the findings of the board are supported by any evidence, such findings shall be accepted by the court. 43-43B-12. Each licensee under this chapter may use a seal of such design as is authorized by the board, bearing the licensee's name and the legend 'Licensed Professional Soil Scientist.' All drawings, reports, or other papers or documents involving the practice of soil science, as defined in this chapter, which shall have been prepared or approved by a licensed soil scientist or a subordinate employee under his or her direction for the use of or for delivery to any person or for public record within this state shall be signed by him or her and impressed with the seal provided for in this Code section or the seal of a nonresident practicing under this chapter, either of which shall indicate his or her responsibility for them. 43-43B-13. The board shall keep a record and shall publish annually a roster showing the names, places of business, and residence addresses of all soil scientists licensed under this chapter. Copies of such roster shall be made available to the public upon request and payment of a reasonable fee, established by the board, for copying. 43-43B-14. The board shall prepare and adopt by rule a code of professional conduct that shall be made known in writing to every licensee and applicant for licensing under this chapter and shall be published by the board. Publication of the code of professional conduct shall be due notice to all licensees of its contents. The board may revise and amend such code of professional conduct. Prior to adoption of any revision or amendments, all licensed members and the public shall receive due notice and an opportunity to be heard. 43-43B-15. Any person may file written charges of violations of this chapter or any rules adopted pursuant to this chapter with the board against any licensee. Any charges or allegations shall be in writing, shall be sworn to by the person making them, and shall be filed with the board. The board shall investigate reasonably all valid complaints. 43-43B-16. On and after January 1 of the year following the effective date of this chapter, this state and its political subdivisions, such as a county, a municipality, or a legally constituted board, district, commission, or authority, shall contract for soil science services only WEDNESDAY, MARCH 22, 2006 3745 with persons licensed under this chapter, a firm employing a licensed soil scientist, persons registered as professional engineers practicing in their area of engineering competency, or persons registered as professional geologists practicing in their area of geologic competency. 43-43B-17. (a) This chapter shall not prohibit one or more soil scientists from practicing through the medium of a sole proprietorship, partnership, limited liability company, or corporation. In a partnership, limited liability company, or corporation whose primary activity consists of soil science services, at least one partner, member, or officer shall be a licensed soil scientist. (b) This chapter shall not prevent or prohibit an individual, firm, company, association, or corporation whose principal business is other than the public practice of soil science from employing a unlicensed soil scientist to perform nonpublic soil science services necessary to the conduct of its business. (c) This chapter shall not be construed to prevent or to affect: (1) The practice of any profession or trade for which a license is required under any other provision of this Code; (2) The practice of registered professional engineers from lawfully practicing soils mechanics, foundation engineering, and other professional engineering as provided in this title; or (3) The practice of a person who is not a resident of and has no established place of business in this state or who has recently become a resident hereof practicing or offering to practice the profession of soil science herein for more than 30 days in any calendar year if the person shall have filed with the board an application for a license and shall have paid the fee required by this chapter. Such practice shall continue only for such time as the board requires for the consideration of the applicant for licensing. 43-43B-18. (a) Except for persons registered as professional engineers or professional geologists who are practicing soil science within their areas of engineering or geologic competency, it: (1) Shall be unlawful for any person other than a licensed soil scientist or a subordinate under the soil scientist's direction and not otherwise exempt under this chapter to conduct or participate in any practice of soil science or prepare any soil science reports, maps, or documents related to the public welfare or the safeguarding of life, health, property, or the environment; (2) Shall be unlawful for any person, including a soil scientist-in-training or a subordinate, to practice, or offer to practice, soil science in this state or to use in connection with his or her name, otherwise assume, or advertise any title or description tending to convey the impression that he or she is a licensed soil scientist unless that person has been duly licensed or is exempted under the provisions of this chapter; and 3746 JOURNAL OF THE HOUSE (3) Shall be unlawful for anyone other than a licensed soil scientist to stamp or seal any soils related plans, maps, reports, or other soils related documents with the seal or stamp of a licensed soil scientist or use in any manner the title 'soil scientist' unless that person is licensed under this chapter. (b) It shall be unlawful for any person to affix his or her signature to, stamp, or seal any soils related plans, maps, reports, or other soils related documents after the license of the person has expired or been suspended or revoked. (c) It shall be unlawful for a licensed soil scientist to prepare plats and maps so as to engage in the practice of land surveying as defined in Code Section 43-15-2 unless the licensed soil scientist is also a registered land surveyor under Chapter 15 of this title. (d) It shall be unlawful for a licensed soil scientist to engage in the design of engineering works and systems unless the licensed soil scientist is also a registered professional engineer under Chapter 15 of this title. (e) It shall be unlawful for a licensed soil scientist to engage in the practice of geology unless the licensed soil scientist is also a registered geologist under Chapter 19 of this title. (f) Paragraphs (1) and (2) of subsection (a) of this Code section shall apply only to acts committed on or after January 1 of the year following the effective date of this chapter. 43-43B-19. (a) A person who: (1) Willfully practices soil science or offers to practice soil science for any other person in this state without being licensed and who is not otherwise exempt in accordance with the provisions of this chapter; (2) Presents or attempts to use as his or her own the license or the seal of any other soil scientist; (3) Gives any false or forged evidence in the course of applying for a license under this chapter; (4) Impersonates a licensed soil scientist; (5) Practices or attempts to practice at any time while his or her license is suspended or revoked; or (6) Commits any other act made unlawful by this chapter shall be guilty of a misdemeanor. (b) Paragraph (1) of subsection (a) of this Code section shall apply only to acts committed on or after January 1 of the year following the effective date of this chapter." SECTION 4. This Act shall become effective only upon the effective date of a specific appropriation of funds for the purposes of this Act as expressed in a line item making specific reference to the full funding of this Act in an appropriations Act enacted by the General Assembly. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, MARCH 22, 2006 3747 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 E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Bordeaux Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler N 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 N Everson Y Fleming Y Floyd, H Y Floyd, J 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 Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 N Loudermilk N Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Y Martin Y Maxwell N May Y McCall McClinton N Meadows E Millar 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 N Randall N Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Rogers Y Royal N Rynders Sailor E Scheid Y Scott, A N 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 N Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson 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 152, nays 16. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 208. By Senators Meyer von Bremen of the 12th, Stephens of the 27th, Thomas of the 54th, Hooks of the 14th and Carter of the 13th: 3748 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Chapter 18 of Title 31 of the Official Code of Georgia Annotated, relating to treatment and rehabilitation of spinal cord disabled and head-injured persons, so as to create a state-wide central registry for traumatic brain and spinal cord injuries; to change certain definitions; to require that certain information relating to brain or spinal cord injured persons be reported to the Brain and Spinal Injury Trust Fund Commission; to provide for certain duties of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes. 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 E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Cox Y Crawford Y Cummings N Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster N Franklin Y Freeman Gardner Y Geisinger Golick Y Graves, D Y Graves, T Y Greene Hanner Y 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, E 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 Martin Y Maxwell May Y McCall McClinton Y Meadows E Millar 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 Rogers Y Royal Y Rynders Y Sailor E Scheid Y Scott, A E Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson E Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker WEDNESDAY, MARCH 22, 2006 3749 On the passage of the Bill, the ayes were 156, nays 4. The Bill, having received the requisite constitutional majority, was passed. Representative Cox of the 102nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The Speaker Pro Tem assumed the Chair. SB 506. By Senators Balfour of the 9th, Shafer of the 48th and Unterman of the 45th: A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and HOPE grants, so as to provide for a set amount for mandatory fees for HOPE scholarships and HOPE grants for eligible public postsecondary institutions created after January 1, 2004; to 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 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 Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter 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 Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar 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 E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker 3750 JOURNAL OF THE HOUSE Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Y Warren Y Watson E Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 445. By Senators Mullis of the 53rd, Tolleson of the 20th, Rogers of the 21st, Bulloch of the 11th, Schaefer of the 50th and others: A BILL to be entitled an Act to amend an Act creating the Civil War Commission, approved April 28, 1993 (Ga. L. 1993, p. 1952), so as to make certain editorial changes; to change the administrative assignment of the commission and the facilitating state department from the Department of Natural Resources to the Department of Economic Development; to codify certain provisions of said Act, as amended, in Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development; to 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 E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Borders Y Bridges Y Brooks Y Brown 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 Everson Y Fleming Y Floyd, H Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Sailor E 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 Smith, P Y Smith, R Y Smith, T Y Smith, V WEDNESDAY, MARCH 22, 2006 3751 Bruce Y Bryant Y Buckner, D Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Floyd, J Fludd Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C 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 Manning Y Marin Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Rogers Y Royal Y Rynders Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 153, nays 0. 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. 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: HR 1861 Do Pass Respectfully submitted, /s/ Yates of the 73rd Chairman Representative Stephens of the 164th District, Chairman of the Committee on Economic Development and Tourism, submitted the following report: Mr. Speaker: 3752 JOURNAL OF THE HOUSE Your Committee on Economic Development and Tourism has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation: SR 844 Do Pass Respectfully submitted, /s/ Stephens of the 164th 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 Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 64 SB 396 SB 503 SB 606 Do Pass, by Substitute Do Pass Do Pass, by Substitute Do Pass, by Substitute SR 793 SR 954 SR 955 Do Pass Do Pass Do Pass Respectfully submitted, /s/ Ralston of the 7th 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 484 Do Pass Respectfully submitted, /s/ Hill of the 21st Chairman WEDNESDAY, MARCH 22, 2006 3753 The Speaker assumed the Chair. 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 581. By Senators Mullis of the 53rd, Tolleson of the 20th, Carter of the 13th, Thomas of the 54th, Hamrick of the 30th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Public Safety Training Center, so as to authorize the training center to provide training for emergency medical personnel; to change certain provisions relating to the Georgia Public Safety Training Center; 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: Representatives Coleman of the 144th and Neal of the 1st move to amend SB 581 by inserting following "Center;" on line 4 of page 1 the following: to provide for effect of chapter on the Department of Technical and Adult Education; By inserting between lines 25 and 26 on page 3 the following: SECTION 3. Said chapter is further amended by striking Code Section 35-5-6, relating to the effect of the chapter on powers of the Board of Corrections and State Board of Pardons and Paroles, and inserting a new Code Section 35-5-6 to read as follows: "35-5-6. Nothing in this chapter shall be considered as altering current state laws establishing the powers and authority of the Board of Corrections or the State Board of Pardons and Paroles. Furthermore, nothing in this chapter shall prevent the Department of Technical and Adult Education from providing any course of instruction including, but not limited to, instructional courses, certified training, advanced instruction, or classes for or pertaining to public safety first responders and emergency medical personnel." By redesignating Sections 3 and 4 as Sections 4 and 5, respectively. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: 3754 JOURNAL OF THE HOUSE E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y 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 Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Maxwell Y May Y McCall McClinton Y Meadows E Millar 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 Rogers Y Royal Y Rynders Y Sailor E 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 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 162, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. Representatives Carter of the 159th, Forster of the 3rd, and Maxwell of the 17th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. SB 238. By Senators Hill of the 32nd and Smith of the 52nd: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so WEDNESDAY, MARCH 22, 2006 3755 as to provide for immunity from civil liability for nonprofit organizations and individuals that financially sponsor charitable fundraising events; to provide for an exception; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for immunity from civil liability for individuals and entities that financially sponsor certain charitable fundraising events; to provide for an exception; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, is amended by inserting at the end thereof a new Code Section 51-1-51 to read as follows: "51-1-51. If any individual, cooperative, corporation, club, association, or organization, or director, trustee, or member of the governing body of any such cooperative, corporation, club, association, or organization, supplies only financial sponsorship or financial support for a charitable fundraising event of another entity and the provider of such financial sponsorship or financial support is not, in any way, involved in the management, organization, planning, or execution of such event, then such individual, cooperative, corporation, club, association, organization, director, trustee, or member shall not be liable for any personal injury or damage to property arising from such charitable fundraising event. However, if such financial sponsorship or financial support constitutes willful, wanton, or gross negligence, then such immunity from suit shall not attach. As used in this Code section, the term 'financial sponsorship' or 'financial support' means only the provision of monetary support and shall not include donations of event locations, products, foods, beverages, labor, or any other nonmonetary contributions." 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: 3756 JOURNAL OF THE HOUSE E 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 Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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, E 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 Maxwell Y May Y McCall McClinton Y Meadows E Millar 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 Y Reece, S Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Cooper of the 41st and Maxwell of the 17th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. SB 398. By Senator Harp of the 29th: A BILL to be entitled an Act to amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity WEDNESDAY, MARCH 22, 2006 3757 or mental incompetency at the time of a crime, so as to change certain provisions relating to the court's instructions; to revise procedures related to psychiatric evaluations of defendants; to provide for a timeframe for forwarding the examination report to the Department of Corrections; 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 E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Lunsford Y Maddox Y Mangham Y Manning Y Marin Martin Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford N Murphy, J Y Murphy, Q Y Neal Y Oliver 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 Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson 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 162, nays 2. 3758 JOURNAL OF THE HOUSE The Bill, having received the requisite constitutional majority, was passed. Representative Maxwell of the 17th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 1066. By Representatives Manning of the 32nd, Ehrhart of the 36th, O`Neal of the 146th, Cooper of the 41st, Brown of the 69th and others: A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to change certain provisions relating to a system for screening newborns for certain metabolic and genetic disorders; to provide for the establishment of fees; to provide for religious objection to screening; to change certain provisions relating to screening for phenylketonuria, sickle cell anemia, and sickle cell trait; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to change certain provisions relating to a system for screening newborns for certain metabolic and genetic disorders; to provide for the establishment of fees; to provide for religious objection to screening; to change certain provisions relating to screening for phenylketonuria, sickle cell anemia, and sickle cell trait; 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 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, is amended by striking Code Section 31-12-6, relating to a system for prevention of mental retardation resulting inherited metabolic disorders, and inserting in lieu thereof the following: "31-12-6. (a) The department shall promulgate rules and regulations creating a system for the prevention of mental retardation serious illness, severe physical or developmental WEDNESDAY, MARCH 22, 2006 3759 disability, and death caused by genetic conditions, such as phenylketonuria, galactosemia, tyrosinemia, homocystinuria, maple syrup urine disease, hypothyroidism, congenital adrenal hyperplasia, and such other inherited metabolic and genetic disorders as may be determined identified in the future to result in serious illness, severe physical or developmental disability, and death cause mental retardation if undiagnosed and untreated. The system shall have five components: screening newborns for the disorders; retrieving potentially affected screenees back into the health care system; accomplishing specific diagnoses; initiating and continuing therapy; and assessing the program. (b) The entire process for screening, retrieval, and diagnosis must occur within the first three weeks of an infant's life time frames established by the department pursuant to rules and regulations, and the system shall be structured to meet this critical need. (c) The department shall be responsible for the screening of all newborns for the disorder disorders enumerated and in a manner determined by the department pursuant to rules and regulations and shall be responsible for assessment of the program. (d) The department shall, to the extent state or federal funds are available for such purposes, including but not limited to funds provided under Title V of the Social Security Act, the Maternal and Child Health Services Block Grant, provide for retrieving potentially affected screenees back into the health care system; accomplishing specific diagnoses; initiating and continuing therapy; and assessing the program. (e) Because the rudiments of such a system already exist, the The department shall utilize appropriate existing resources whenever possible and shall cause the coordination and cooperation of agencies and organizations having resources necessary for the creation of an effective system. (f) The department shall be authorized to establish and periodically adjust, by rule and regulation, fees associated with the screening, retrieval, and diagnosis conducted pursuant to this Code section to help defray or meet the costs incurred by the department. In no event shall the fees exceed such costs, both direct and indirect, in providing such screenings and related services, provided that no services shall be denied on the basis of inability to pay. All fees paid thereunder shall be paid into the general fund of the State of Georgia. (g) The department shall allow any laboratory licensed in Georgia and authorized to perform screening testing of newborn infants in any state using normal pediatric reference ranges to conduct the analysis required pursuant to this Code section. The testing performed by such laboratory must include testing for newborn diseases as required by law or regulation and shall provide test results and reports consistent with law and with policies, procedures, and regulations of the department. (h) No later than January 1, 2007, the Georgia Department of Audits and Accounts shall conduct an assessment evaluating the efficiency and effectiveness of the newborn screenings conducted by the Georgia Public Health Laboratory pursuant to this Code section. If it is determined that private laboratories can provide testing at a lower cost than the Georgia Public Health Laboratory, the department shall issue a request for 3760 JOURNAL OF THE HOUSE proposals to qualified vendors including any private laboratory licensed in Georgia as established in subsection (g) of this Code section. The Georgia Public Health Laboratory shall be eligible to respond to such request for proposals. (i) The requirements of this Code section with regard to screening, retrieval, and diagnosis shall not apply to any infant whose parents object in writing thereto on the grounds that such tests and treatment conflict with their religious tenets and practices." SECTION 2. Said chapter is further amended by striking Code Section 31-12-7, relating to rules and regulations regarding tests for phenylketonuria, sickle cell anemia, and sickle cell trait, and inserting in lieu thereof the following: "31-12-7. (a) In coordination and association with the system established by the department for the screening, retrieval, and diagnosis of certain metabolic and genetic disorders pursuant to Code Section 31-12-6, the The department, or its successor agency or department, shall adopt and promulgate appropriate rules and regulations governing tests for phenylketonuria, sickle cell anemia, and sickle cell trait, and other metabolic and genetic disorders as enumerated by the department pursuant to rules and regulations so that as nearly as possible all newborn infants who are susceptible or likely to have phenylketonuria, sickle cell anemia, or sickle cell trait, or other metabolic and genetic disorders shall receive a test for phenylketonuria, sickle cell anemia, or sickle cell trait, or other metabolic and genetic disorders or all of such conditions as soon after birth as successful testing and treatment therefor may be initiated; provided, however, that this Code section shall not apply to any infant whose parents object thereto on the grounds that such tests and treatment conflict with their religious tenets and practices. (b) If any such child is found to have phenylketonuria, sickle cell anemia, or sickle cell trait, it shall be the duty of the examining physician or the department to inform the parents of such child that the child is so afflicted and, if such child has sickle cell anemia or sickle cell trait, that counseling regarding the nature of the disease, its effects, and its treatment is available without cost from the department and the county board of health or county department of health. (c) It shall be the duty of the department and each county board of health and county department of health, or their successor agencies or departments, to furnish counseling and advice to any persons requesting such counseling regarding sickle cell anemia or sickle cell trait, its characteristics, symptoms, traits, effects, and treatment. Such counseling shall be furnished without cost to the person requesting it. (d) The department shall be authorized to establish and periodically adjust, by rule and regulation, fees associated with the screening, retrieval, and diagnosis conducted pursuant to this Code section to help defray or meet the costs incurred by the department; provided, however, that in no event shall the total fees associated with such screening, retrieval, and diagnosis exceed $40.00 for the calendar year beginning January 1, 2007. In no event shall the fees exceed such costs, both direct and indirect, WEDNESDAY, MARCH 22, 2006 3761 in providing such screenings and related services, provided that no services shall be denied on the basis of inability to pay. All fees paid thereunder shall be paid into the general fund of the State of Georgia." SECTION 3. This Act shall become effective on January 1, 2007. SECTION 4. 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 1066. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Bordeaux Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Cummings N Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y 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, E 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 N Loudermilk Y Lucas Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Maxwell Y May Y McCall McClinton Y Meadows E Millar 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 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 E Scott, M Y Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin N Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker 3762 JOURNAL OF THE HOUSE On the motion, the ayes were 148, nays 6. The motion prevailed. Representatives Mangham of the 94th and Maxwell of the 17th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 425. By Representatives Harbin of the 118th, Knox of the 24th and Watson of the 91st: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to permit insurers to provide food or refreshments under certain circumstances to current or prospective clients during sales presentations and seminars provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to permit insurers to provide food or refreshments under certain circumstances to current or prospective clients during sales presentations and seminars provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars; 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 subparagraph (b)(8)(C) of Code Section 33-6-4, 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 WEDNESDAY, MARCH 22, 2006 3763 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 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; (viii) Paying for food or refreshments by an insurer or an agent, broker, or employee of an insurer for current or prospective clients during group sales presentations and group seminars provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars; or (ix) Paying for business meals and entertainment by an insurer or an agent, broker, or employee of an insurer, agent, or broker for current or prospective clients;" SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Representative Harbin of the 118th moved that the House agree to the Senate substitute to HB 425. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Crawford Y Cummings Y Davis Y Hill, C.A Y Holmes Y Holt Y Martin Maxwell Y May Y Sailor E Scheid Y Scott, A 3764 JOURNAL OF THE HOUSE Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Bordeaux Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Horne Y Houston Y Howard, E Y Hudson Y Hugley 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 Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan 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 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 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 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 Wix Y Yates Richardson, Speaker On the motion, the ayes were 154, nays 0. The motion prevailed. HB 733. By Representatives Lewis of the 15th, Loudermilk of the 14th and Graves of the 12th: A BILL to be entitled an Act to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), as amended, so as to change the compensation of the chief magistrate and the provisions related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: WEDNESDAY, MARCH 22, 2006 3765 A BILL To amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), as amended, so as to change the compensation of the chief magistrate and the provisions related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), as amended, is amended by striking Section 1 of said Act and inserting in its place the following: "SECTION 1. (a) The chief magistrate of the Magistrate Court of Bartow County shall receive a base salary of $70,000.00 per annum, to be paid in equal monthly installments from the funds of Bartow County. (b) Beginning on January 1, 2007, and on the first day of January of each year thereafter, the base salary of the chief magistrate shall be increased by 4 percent. (c) The chief magistrate shall also receive a longevity increase determined by multiplying the sum of the amounts in subsections (a) and (b) of this section by the percentage that equals 5 percent times the number of completed four-year terms of office served by the chief magistrate after December 31, 1996, but not to exceed 25 percent, effective on the first day of January following the completion of each four-year term of office." SECTION 2. This Act shall become effective on July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. HB 1003. By Representatives Talton of the 145th, O`Neal of the 146th, Floyd of the 147th and Ray of the 136th: A BILL to be entitled an Act to amend an Act entitled "An Act to make provisions for the Magistrate Court of Houston County," approved March 1, 1984 (Ga. L. 1984, p. 3652), as amended, so as to provide for the election of the chief magistrate and magistrates; to provide for procedures; to provide for the filling of vacancies; to provide for the submission of this Act to the 3766 JOURNAL OF THE HOUSE United States Department of Justice; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend an Act entitled "An Act to make provisions for the Magistrate Court of Houston County," approved March 1, 1984 (Ga. L. 1984, p. 3652), as amended, so as to provide for the election of the chief magistrate and magistrates; to provide for procedures; to provide for qualifications; to provide that the chief magistrate shall be a full-time magistrate; to authorize assistant magistrates; to provide for the filling of vacancies; to provide for the submission of this Act to the United States Department of Justice; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled "An Act to make provisions for the Magistrate Court of Houston County," approved March 1, 1984 (Ga. L. 1984, p. 3652), as amended, is amended by striking Sections 1 and 2 of said Act and inserting in lieu thereof the following: "SECTION 1. The chief magistrate of Houston County shall be elected in the same manner as the judges of the State Court of Houston County. The first such election shall take place at the time of the general election in 2008, and the chief magistrate and magistrates elected at such time shall take office on January 1, 2009, for terms of four years and until their successors are duly elected and qualified. The chief magistrate and magistrates serving on the effective date of this Act shall serve through December 31, 2008. The chief magistrate elected as provided in this section shall be a member in good standing of the State Bar of Georgia, shall be a full-time magistrate, and shall devote his or her full time to the duties of the office. The chief magistrate shall be authorized to employ one or more assistant magistrates. SECTION 2. A vacancy in the office of chief magistrate shall be filled by an appointment by majority vote of the judges of superior court for the remainder of the unexpired term. A vacancy in the office of any other magistrate shall be filled by an appointment by the chief magistrate with the consent of the judges of superior court for the remainder of the unexpired term. A newly created position of magistrate shall be filled in the same manner as for filling a vacancy if such position is created more than 90 days from the next general election." WEDNESDAY, MARCH 22, 2006 3767 SECTION 2. The governing authority of Houston 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 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. HB 1298. By Representative Hanner of the 148th: A BILL to be entitled an Act to create and establish the Preston-WestonWebster 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 Preston, the City of Weston, and the County of Webster; 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 following Senate substitute was read: A BILL To create and establish the Preston-Weston-Webster 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 Preston, the City of Weston, and the County of Webster; to provide that said commission shall be authorized to study all matters relating to the governments of the County of Webster, the City of Preston, and the City of Weston and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Webster County; to provide for the submission of such proposed county-wide 3768 JOURNAL OF THE HOUSE government charter to the qualified voters for approval or rejection; to provide for the conduct of such election and for the certification of the results thereof; 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Preston-Weston-Webster County Charter and Unification Commission Act" and is enacted pursuant to the authority granted by Article IX, Section III, Paragraph II of the Constitution of the State of Georgia. SECTION 2. As used in this Act, the following terms shall have the meanings ascribed to them unless the context clearly requires otherwise: (1) "Charter and unification commission" or "commission" shall mean the PrestonWeston-Webster County Charter and Unification Commission provided for in this Act. (2) "Governing authority of the City of Preston" shall mean the mayor and city council of the City of Preston, a municipal corporation of the State of Georgia. (3) "Governing authority of the City of Weston" shall mean the mayor and city council of the City of Weston, a municipal corporation of the State of Georgia. (4) "Governing authority of the County of Webster" shall mean the Board of Commissioners of Webster County, a political subdivision of the State of Georgia. SECTION 3. (a) There is created the Preston-Weston-Webster County Charter and Unification Commission, which shall consist of nine members to be appointed within 45 days of the effective date of this Act as provided in this section. (b) Within 30 days of the effective date of this Act as provided in this section, the governing authority of the City of Preston shall appoint two members to the charter and unification commission who shall be citizens of the City of Preston at the time of such appointment and for the duration of their respective terms as members of such commission. (c) Within 30 days of the effective date of this Act as provided in this section, the governing authority of the City of Weston shall appoint one member to the charter and unification commission who shall be a citizen of the City of Weston at the time of such appointment and for the duration of his or her term as a member of such commission. (d) Within 30 days of the effective date of this Act as provided in this section, the governing authority of the County of Webster shall appoint four members to the charter and unification commission who shall be citizens of unincorporated Webster County at WEDNESDAY, MARCH 22, 2006 3769 the time of such appointment and for the duration of their respective terms as members of such commission. (e) The seven members of the charter and unification commission provided for in subsections (b), (c), and (d) of this section shall jointly appoint two members to the charter unification commission who shall be citizens of Webster County at the time of such appointment and for the duration of their entire terms as members of such commission. (f) If a governing authority or the commission refuses or fails to appoint a member of the commission as required by this section, the senior superior court judge of the Southwestern Judicial Circuit shall make such appointment within ten days following the expiration of the 45 day period allowed for appointments provided for in subsection (a) of this section. (g) No member of the charter and unification commission shall hold any other elective public office. (h) To be eligible for appointment as a member of the charter and unification commission, a person must be at least 21 years of age and shall have been a resident of the State of Georgia for a period of at least five years and registered as an elector to vote in Webster County for a period of at least two years prior to his or her appointment. (i) If a member of the charter and unification commission should die, become disabled, remove his or her residence and place of domicile to a place outside the territorial limits of the appointing jurisdiction, resign, or become unable or decline to serve for any reason whatever as a member of the charter and unification commission, said commission shall declare a vacancy in his or her office as a member of such commission and within 15 days thereafter the governing authority that appointed that member or the commission, if the member was appointed by the commission, shall appoint a successor promptly to fill such vacancy. (j) A certificate of appointment shall be issued by the appointing entity of each member of the charter and unification commission and filed in the office of the Probate Court of Webster County with a duplicate original of such certificate being transmitted to, and filed with, the chairperson or the secretary of the charter and unification commission. (k) A majority of the members of the charter and unification commission shall constitute a quorum for the transaction of business. Such quorum shall not be applicable with respect to any committees or subcommittees which, at the discretion of the charter and unification commission, may be appointed. A majority of the members of each such committee or subcommittee shall constitute a quorum for the conduct of its business. (l) The charter and unification commission may appoint advisory committees or subcommittees from among the general populace to advise it with respect to its work; provided, however, that the charter and unification commission may not delegate any of the duties, powers, or obligations imposed upon the commission and granted to it by this Act to any such advisory committee or subcommittee. Any such advisory committee or subcommittee so appointed shall serve at the discretion of the commission and shall serve subject to such terms, conditions, and charges as may be imposed upon it by the commission. 3770 JOURNAL OF THE HOUSE (m) All persons who shall, from time to time, serve as members of the charter and unification commission or its committees or subcommittees and all agents, employees, and staff appointed or hired by the charter and unification commission from time to time shall be afforded coverage and shall be included in the insured class, under the provision of such policies, riders, or other insurance contracts from time to time in force and held by the governing authority of the County of Webster, extending to members of such governing authority of the County of Webster, and what is commonly referred to as "public official's liability insurance coverage," to the same extent and as nearly as practicable with identical coverage and limits as afforded to the individual members of the governing authority of the County of Webster. Any and all additional premium amounts payable by the County of Webster due to the extension of such coverage to the members of the charter and unification commission and its appointees, agents, employees, and staff shall be paid, when due and payable, one-third by the County of Webster, one-third by the City of Preston, and one-third by the City of Weston, which payments shall be made in addition to all other amounts otherwise payable under the provisions of this Act. (n) The governing authority of the County of Webster, the governing authority of the City of Preston, the governing authority of the City of Weston, and the governing authority of any county-wide government created under a charter adopted pursuant to this Act are authorized and directed to expend funds for fees, costs, and expenses incurred in providing for the defense of the members of the charter and unification commission arising out of their activity as members of such commission and in providing for the defense of any proposed charter submitted by the commission, whether prior to the referendum thereon or after the referendum thereon is conducted. SECTION 4. (a) The charter and unification commission shall hold an organizational meeting not less than 30 days nor more than 45 days after the date this Act becomes effective. Any three or more members of the charter and unification commission, composed of at least one member appointed by the governing authority of the City of Preston, one member appointed by the governing authority of the City of Weston, and one member appointed by the governing authority of the County of Webster, shall call such organizational meeting. The call of such organizational meeting shall designate the time, date, and place that such organizational meeting shall be held. (b) The first order of business at the organizational meeting shall be the designation, by the majority vote of those members present, of a temporary chairperson to preside until a permanent chairperson is elected. The second order of business at the organizational meeting shall be to jointly appoint two members to the charter and unification commission as provided for in subsection (e) of Section 3 of this Act. The third order of business at the organizational meeting shall be the election of a permanent chairperson, who shall be elected by the majority vote of all members of the charter and unification commission. WEDNESDAY, MARCH 22, 2006 3771 (c) The charter and unification commission shall be authorized to elect a secretary, who need not be a member of the commission, and such other officers from the membership of the charter and unification commission as it shall deem necessary. The charter and unification commission shall be further authorized to employ such staff as may be required to assist it in studying all matters relating to the governments of the City of Preston, the City of Weston, and the County of Webster and in drafting a charter. The charter and unification commission shall not employ any person who holds any elective public office. (d) The members of the charter and unification commission shall not receive per diem or other compensation for their services, but the members shall be reimbursed for actual expenses incurred by them in carrying out their duties. The staff employed by the commission shall be paid compensation as determined by the commission within the limits of funds available to it. The governing authority of the City of Preston, the governing authority of the City of Weston, and the governing authority of the County of Webster are authorized to expend public funds in carrying out the provisions of this Act and shall share equally the expense thereof. The governing authority of the City of Preston, the governing authority of the City of Weston, and the governing authority of the County of Webster shall initially appropriate up to $5,000.00 for the charter and unification commission and the treasurer or other fiscal authority of each of those governing authorities shall honor, from time to time, vouchers or warrants signed by the chairperson of the charter and unification commission for amounts up to an aggregate total of such amount. The governing authorities shall appropriate such additional funds in equal amounts as may be necessary to meet the expenses of the charter and unification commission, provided that such additional expenditures shall be first approved by each of the governing authorities. (e) The charter and unification commission is also authorized to solicit, receive, and expend contributions, grants, gifts, and other funds from other sources to be utilized by it in the conduct of its business. (f) All public officials and employees of the City of Preston, the City of Weston, and the County of Webster upon request shall furnish the charter and unification commission with all documents, books, records, data, and information necessary or appropriate in the opinion of the charter and unification commission for it to carry out its duties, except for information that is confidential or privileged by law; shall furnish such other assistance and aid to the commission as it shall request; and shall appear and give testimony, at the request of the commission, before the commission or before any of its committees, subcommittees, or advisory committees. SECTION 5. The commission shall be authorized to study all matters relating to the governments of the City of Preston, the City of Weston, and the County of Webster and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Webster County. The commission shall upon completion of its study issue a written report of its findings, conclusions, and 3772 JOURNAL OF THE HOUSE recommendations. If, after conducting such study, the charter and unification commission shall deem it to be in the best interests of the governments proposed to be affected, the commission shall draft a proposed charter creating a single county-wide government, and if such charter is approved by the voters under the provisions of this Act, then the newly created county-wide government shall supersede and replace the existing governments of the City of Preston, the City of Weston, and the County of Webster and may also supersede and replace any public authorities and special service districts located and operating within Webster County. If the charter and unification commission does not deem it to be in the best interests of the governments proposed to be affected to recommend the establishment of a single county-wide government but concludes from its study that it is feasible to consolidate specific governmental services, programs, and activities, then the commission may issue such findings, conclusions, and recommendations in writing together with reasons why such recommendations will make government operations more efficient. SECTION 6. (a) The charter so drafted shall be submitted to the qualified voters of Webster County for approval or rejection of the referendum provided for in Section 10 of this Act. (b) The General Assembly delegates its powers to the charter and unification commission to draft such a charter which may include any provisions necessary to effectuate its purposes. Without limiting the generality of the foregoing, the proposed charter may provide for any one or more of the items listed below. Where it is indicated that an item shall be included, the inclusion of that particular item shall be mandatory: (1) The charter shall provide for the abolishment of the existing governments of the City of Preston and the County of Webster and for the creation of a new single government which may have all powers formerly exercised by the City of Preston and the County of Webster and such other powers as may be necessary or desirable. The charter may provide for the abolishment of the existing government of the City of Weston and the transfer at all powers formerly exercised by the City of Weston to the new single government. The new single government may be given, and may have, such rights, privileges, exemptions, preferences, discretions, immunities, powers, duties, and liabilities as are now or hereafter granted to, or vested in, municipalities or counties or both by the Constitution and laws of the State of Georgia. The form and composition of the new government shall be as the charter shall provide; (2) The charter may authorize the new government to continue to be eligible to have, hold, enjoy, and be entitled to any assistance, credits, benefits, moneys, grants, grantsin-aid, funds, loans, aid, appropriations, and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future state or federal programs; (3) The charter may provide for the abolishment, modification, consolidation, or merger of any court unless otherwise prohibited by the Constitution or general law; WEDNESDAY, MARCH 22, 2006 3773 (4) The charter may provide for the abolishment, modification, consolidation, or merger of any public authorities and special service districts located within Webster County created by law and for the transfer of any powers, duties, and obligations of such authorities and districts to the new county-wide government or to any agency thereof or from one such authority or special service district to another in such manner as the charter shall provide unless otherwise prohibited by the Constitution or general law; (5) The charter may provide for the abolishment, modification, consolidation, or merger of any one or more public offices or positions of public employment of any municipality merged in the county-wide government and the County of Webster and any public authorities or special service districts located or operating within Webster County unless otherwise prohibited by the Constitution or general law. The charter may provide for administrative division or changes with reference to the duties and responsibilities of any public office or official as the charter and unification commission shall deem necessary for the efficient functioning of the new county-wide government; (6) The charter shall provide for the creation of the governing authority of the new county-wide government, including the number of members of the governing authority, their powers, duties, terms of office, manner, and time of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of the county-wide governing authority. The charter shall provide for the name or names of the new county-wide government and governing authority; (7) The charter may provide for the creation of the various departments, boards, bureaus, offices, commissions, and positions of public employment of the new county-wide government and for any matters necessary or incidental thereto; (8) The charter shall provide for the creation of special tax districts consisting of the territory lying within the former boundaries of the affected governments for the purpose of the successor county-wide government levying a tax therein sufficient to retire any bonded indebtedness of such governments which is outstanding on the effective date of the abolishment of such government; (9) The charter may provide for the assumption by the new government of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities, and special service districts which are altered by the charter and a method by which the new county-wide government shall assume the payment of any obligations issued under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," or other similar legislation; (10) The charter may provide for the transfer to the new county-wide government of assets, contracts, and franchises of all governmental units and any public authorities and special service districts which are merged with the new county-wide government or are altered by the charter; (11) The charter may provide the purposes for which the new county-wide government or governing authority or any agency thereof may levy taxes; 3774 JOURNAL OF THE HOUSE (12) The charter shall provide for the method or methods by which it may be amended. The General Assembly expressly reserves the right to amend any charter adopted pursuant to this Act. The charter may provide for an additional method or methods by which the charter may be amended and shall provide for any amendments adopted by any such other method or methods to be filed with the Secretary of State so that they may be published in the Georgia Laws; (13) The charter shall provide for the repeal of conflicting laws; and (14) The charter may contain such other provisions as are necessary and needful to achieve the objectives of consolidation of the governments and functions of the City of Preston, the City of Weston, and the County of Webster and the creation of a successor government. (c) The following additional provisions shall govern proceedings of the charter and unification commission and any successor county-wide government created by a charter drafted by the commission: (1) The charter and unification commission is authorized to contract with any public or private institution or body, including the Carl Vinson Institute of Government, for any special studies or assistance it deems necessary, subject to the limitation that any expenditure therefor shall be within the limits of the funds made available to the commission by the respective governing authorities; and (2) Any successor government created and established shall, without the necessity or formality of deed, bill of sale, or other instrument of transfer, be and become the owner of all property, assets, and rights previously belonging to the City of Preston, the City of Weston, and the County of Webster and any other authorities or special service districts merged into the new government. (d) The charter and unification commission shall have all the powers of the superior courts to compel the attendance of witnesses before the commission and any of its committees, subcommittees, or advisory committees; to compel witnesses to testify thereat; and to subpoena any person or entity and all such books, records, data, papers, documents, and other tangible items which may be deemed by the commission to be material to any question or issue deemed by it to be relevant to the duties or prerogatives imposed upon or granted to the commission by this Act. Such subpoenas shall be issued in the name of the commission, shall be signed by either the chairperson or the secretary of the commission, and shall be served in the manner provided by law for the service of subpoenas in civil cases pending in the superior courts. Witnesses subject to such subpoenas shall be entitled to the same compensation as witnesses attending superior court, which compensation shall be collected in the same manner as that of witnesses in the superior courts except that such compensation shall be paid from funds of the commission. Should any such subpoenaed person or witness fail or refuse to answer questions propounded or fail or refuse to produce any books, records, data, papers, documents, or other tangible items required to be produced by the commission, except upon a legal excuse which would relieve such person of such obligation in a civil case pending in the superior court, the person so failing or refusing shall be guilty of contempt and may be cited by the commission to appear before a judge of the Southwestern WEDNESDAY, MARCH 22, 2006 3775 Judicial Circuit. The judge of such court shall have the same power and jurisdiction to punish the person cited for contempt and to require and compel the attendance, the giving of testimony, or the production of items as in cases of contempt committed in the presence of the court and as in cases pending before the court. (e) Notwithstanding any other provisions of this Act, the charter and unification commission and the charter proposed by the commission and subsequently adopted may not: (1) Alter or affect the status of the Webster County School System or the Webster County Board of Education or any provision of the Constitution or laws of the State of Georgia by which the Webster County School System is constituted, empowered, or preserved or to transfer any of its powers, duties, or obligations; (2) Impair or diminish any pension or retirement rights; or (3) Abolish the office of sheriff, clerk of court, judge of probate court, or tax commissioner. (f) None of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power with respect to any municipality electing to be excluded as provided in this Act or the school district, board of education, industrial development authority, office of sheriff, clerk of superior court, judge of probate court, or tax commissioner, pension rights, and homestead exemptions which existed prior to the adoption of this Act. (g) The powers granted in this Act to the charter and unification commission by the General Assembly are remedial in nature and shall be liberally construed to effectuate their purpose. SECTION 7. (a) The charter and unification commission shall be required to hold at least two public hearings to determine the sentiment of the citizens of the City of Preston, the City of Weston, and the County of Webster regarding the work of the charter and unification commission. The first public hearing shall be held within 30 days of the issuance of the commission's final written report on the feasibility of establishing a single county-wide government within Webster County, and a second public hearing shall be held within 15 days of the submission of any proposed charter for such consolidated government to the Webster County Board of Elections. The charter and unification commission is authorized to hold more than two public hearings if it determines that additional public hearings are desirable. The charter and unification commission shall cause the date, time, and place of each such hearing to be advertised in the official organ of Webster County once a week for two consecutive weeks during the two weeks next preceding the week in which the public hearing is held. The charter and unification commission shall cause to be made a transcript of each public hearing held and shall file the same in its minutes and records. (b) Following issuance of the commission's final written report, the governing authorities of the City of Preston, the City of Weston, and the County of Webster shall each hold and conduct a public hearing to determine the sentiments of their citizens regarding the work 3776 JOURNAL OF THE HOUSE of the charter and unification commission. Notice of such hearings shall be advertised in the same manner as required for hearings held by the charter and unification commission. Representatives of the charter and unification commission shall be invited to present the final report to such governing authorities. SECTION 8. (a) The charter and unification commission shall complete its studies and shall prepare, complete, and file any proposed charter no later than August 31, 2008; provided, however, that the above-described time period may be extended for such additional periods of time as may be authorized by resolutions duly adopted by the governing authority of the City of Preston and the governing authority of the County of Webster and may also be extended by an Act of the General Assembly and shall be automatically extended for a period of time equal to the period of time that any proposed charter shall be under consideration by the United States Department of Justice or by any courts. (b) Certified copies of the charter shall be filed by the charter and unification commission with the clerks or secretaries of the governing authorities of the City of Preston, the City of Weston, and the County of Webster and shall be authenticated by the signature of the chairperson of the charter and unification commission. Such copies shall be public records and shall be available for inspection or examination by any interested person. (c) The charter and unification commission shall also make available a copy of the charter to every daily or weekly newspaper published in Webster County and to each radio or television station operating within the county. The commission shall take such other steps, within the limitation of its available funds, as it deems reasonable and appropriate to inform the public throughout the county of the contents of the proposed charter. The charter and unification commission shall also cause a summary of the proposed charter to be printed in pamphlets or booklets and made available for general distribution throughout the county. (d) The charter and unification commission is authorized to adopt such rules and regulations as it deems necessary or desirable to carry out its powers and perform its duties and functions. (e) Following the completion of the proposed charter by the charter and unification commission and prior to the time of filing or submission thereof as provided in this Act, the same shall be presented for review by the United States Department of Justice as may be required by law. The failure of any proposed charter submitted by the charter and unification commission to the Department of Justice to obtain preclearance by the Department of Justice shall not prevent the charter and unification commission from revising said charter in a manner so as to enable the proposed charter to meet Department of Justice objections with respect thereof, and the charter and unification commission is empowered to redraft any such proposed charter in such manner so as to meet requirements for the Department of Justice's approval in the event that any initial proposed charter fails to obtain Department of Justice approval. WEDNESDAY, MARCH 22, 2006 3777 SECTION 9. (a) A certified copy of the proposed charter shall be submitted by the commission to the election superintendent of Webster County, and it shall be the duty of such superintendent to call and hold a referendum election for ratification or rejection of the proposed charter as provided in Section 10 of this Act. (b) The charter and unification commission shall be abolished by operation of law at midnight of the day the results of the special referendum election on the proposed charter become final and effective pursuant to the laws of the State of Georgia. SECTION 10. (a) As soon as practicable after receipt of the certified copy of the proposed charter and after receipt of preclearance, or the usual notice of no current objections, by the United States Department of Justice of such proposed charter, it shall be the duty of the election superintendent of Webster County to call a special election for approval or rejection of the proposed charter. The election superintendent shall set the date of the election for the earliest date therefor permissible under general law after the filing of any proposed charter as provided for in Section 8 of this Act. The election superintendent shall cause the date and purpose of the election to be published once a week for two calendar weeks immediately preceding the date thereof in the official organ of Webster County. The ballot shall have written or printed thereon the following: "( ) YES Shall the charter reorganizing and consolidating the governments of the City of Preston, the City of Weston, and the County of Webster and ( ) NO creating a single county-wide government to supersede and replace those governments be approved?" (b) All persons desiring to vote for approval of the charter shall vote "Yes," and those persons desiring to vote for rejection of the charter shall vote "No." The votes cast on such question by the qualified voters of Webster County residing within the corporate limits of the City of Preston and the votes cast on such question by the qualified voters of Webster County shall be counted separately. If more than one-half of the votes cast by the qualified voters of Webster County residing within the corporate limits of the City of Preston are for approval of the charter and if more than one-half of the total votes cast by the qualified voters residing within both the incorporated and unincorporated areas of Webster County are for approval of the charter, then the charter shall become effective as to the City of Preston and Webster County. Otherwise, it shall be void and of no force and effect. In addition, the votes cast on such question by the qualified voters of Webster County residing within the corporate limits of the City of Weston shall be counted separately. If more than one-half of the votes cast by the qualified voters of Webster County residing within the corporate limits of City of Weston are for approval of the charter and if more than one-half of the votes cast by the qualified voters of Webster County residing within the corporate limits of the City of Preston are for approval of the charter and if more than one-half of the total votes cast by the qualified voters residing within both incorporated and unincorporated areas of Webster County are for approval of 3778 JOURNAL OF THE HOUSE the charter, then the charter of the City of Weston shall be revoked upon the election of members of the single county-wide governing authority and the City of Weston shall be abolished. The expense of such election shall be borne equally by the City of Preston, the City of Weston, and the County of Webster. (c) The special election shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," except to the extent specifically provided otherwise by this Act. (d) A qualified voter, as used in this Act, shall mean a voter of Webster County qualified to vote for members of the General Assembly of Georgia. The election superintendent shall certify the returns to the Secretary of State. The election superintendent shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue his or her proclamation showing and declaring the result of the election on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the secretary or clerk of the governing authority of the City of Preston, who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of the County of Webster, who shall attach the same to the copy of the charter previously certified to him or her. If the charter was approved by the City of Preston and the County of Webster and was approved by the City of Weston, one copy of the proclamation shall be delivered to the secretary or clerk of the governing authority of the City of Weston, who shall attach the same to the copy of the charter previously certified to him or her. (e) Whenever a charter for the consolidation of the governments of the City of Preston, the City of Weston, and the County of Webster has been adopted, the above-certified copies thereof, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter of the consolidated government for all purposes. The certified copy of the charter and proclamation deposited with the secretary or clerk of the governing authority of the City of Preston, the certified copy of the charter and proclamation deposited with the secretary or clerk of the governing authority of the City of Weston, and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of the County of Webster shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter, and any copy so certified shall be deemed a duplicate original copy of the charter of the consolidated government for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file with him or her, and copies so certified by him or her shall be deemed duplicate original copies of the charter of the consolidated government for all purposes. SECTION 11. In the event the proposed single county-wide government charter is approved by voters as provided in Section 10 of this Act, an election shall be held in accordance with the provisions of the charter to elect the members of the governing authority of the county- WEDNESDAY, MARCH 22, 2006 3779 wide government. Upon the election of the members of the governing authority and their taking office as the governing authority of the county-wide government, the existing governments of the City of Preston; the City of Weston, if the voters of the City of Weston approved such charter as provided in Section 10 of this Act; and the County of Webster shall stand abolished, all in accordance with the provisions of the charter of the new county-wide government. SECTION 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. HB 1351. By Representatives Dickson of the 6th and Meadows of the 5th: A BILL to be entitled an Act to provide a homestead exemption from Murray County school district ad valorem taxes for educational purposes in the amount of $80,000.00 of the assessed value of the homestead for residents of that school district who are at least 70 years of age; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To provide a homestead exemption from Murray County school district ad valorem taxes for educational purposes in the amount of $80,000.00 of the assessed value of the homestead for residents of that school district who are at least 70 years of age; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) As used in this Act, the term: (1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Murray County school district, 3780 JOURNAL OF THE HOUSE including, but not limited to, ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is at least 70 years of age on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of the Murray County school district who is a senior citizen is granted an exemption on that person's homestead from all Murray County school district ad valorem taxes for educational purposes in the amount of $80,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax commissioner of Murray County giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Murray County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to Murray County school district ad valorem taxes for educational purposes except that homestead exemption granted pursuant to an Act approved May 17, 2004 (Ga. L. 2004, p. 4535). (f) The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2007. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Murray County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Murray County school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The election superintendent shall WEDNESDAY, MARCH 22, 2006 3781 cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Murray County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which provides a homestead exemption from Murray County school district ad valorem taxes for educational purposes ( ) NO in the amount of $80,000.00 of the assessed value of the homestead for residents of that school district who are at least 70 years of age?" 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, Section 1 of this Act shall become of full force and effect on January 1, 2007. 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 Murray County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the agreement to the Senate substitutes, the roll call was ordered and the vote was as follows: E 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 Borders Y Bridges Y Brooks Y Brown Y Crawford Y Cummings Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Mills Y Mitchell Y Morgan Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Sailor E Scheid Y Scott, A E 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 3782 JOURNAL OF THE HOUSE 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 Floyd, J 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 Y Heckstall Y Hembree Y Henson Y Hill, C 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 Manning Y Marin Y Neal Y Oliver 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 N Rogers Y Royal Y Rynders 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 agreement to the Senate substitutes, the ayes were 154, nays 1. The House has agreed to the Senate substitutes. The following Resolutions of the House and Senate were read and adopted: HR 1925. By Representative Davis of the 109th: A RESOLUTION expressing regret at the passing of Irene Elaine Wilde; and for other purposes. HR 1926. By Representative Hembree of the 67th: A RESOLUTION commending Shelley Backstrom, Laura Bailey, Megan Livingston, and Lauren Sproul, winners of the 2006 "What Would You Say?" contest; and for other purposes. HR 1927. By Representatives Reece of the 27th, Mills of the 25th and Rogers of the 26th: A RESOLUTION expressing regret at the passing of Eugene Calvin "Gene" Reynolds; and for other purposes. HR 1928. By Representatives Reece of the 27th, Mills of the 25th and Rogers of the 26th: WEDNESDAY, MARCH 22, 2006 3783 A RESOLUTION remembering and honoring the life of Mr. B. Keith Rochester; and for other purposes. HR 1929. By Representatives Reece of the 27th, Mills of the 25th and Rogers of the 26th: A RESOLUTION expressing regret at the passing of Reuben Aaron "R.A." Miller; and for other purposes. HR 1930. By Representative Hembree of the 67th: A RESOLUTION commending Paul Andrew Thornton on becoming an Eagle Scout; and for other purposes. HR 1931. By Representative Brown of the 69th: A RESOLUTION remembering and honoring the life of Mr. Eddie Lowe; and for other purposes. HR 1932. By Representative Jordan of the 77th: A RESOLUTION to commend Toni Watkins and the Toni Watkins Show; and for other purposes. HR 1933. By Representatives Ehrhart of the 36th and Richardson of the 19th: A RESOLUTION commending Robert L. Moultrie; and for other purposes. HR 1934. By Representative Jenkins of the 8th: A RESOLUTION recognizing and commending Roy Hamby; and for other purposes. HR 1935. By Representative Channell of the 116th: A RESOLUTION celebrating the arrival of Grace Pauline Mason; and for other purposes. HR 1936. By Representative Channell of the 116th: A RESOLUTION celebrating the birth of John Scott Shepherd, Jr.; and for other purposes. 3784 JOURNAL OF THE HOUSE HR 1937. By Representative Channell of the 116th: A RESOLUTION celebrating the birth of Elizabeth Cravey Shepherd; and for other purposes. HR 1938. By Representative Channell of the 116th: A RESOLUTION celebrating the birth of Henry Conway Shepherd; and for other purposes. SR 1244. By Senators Johnson of the 1st, Harp of the 29th, Douglas of the 17th, Williams of the 19th, Tolleson of the 20th and others: A RESOLUTION recognizing and thanking an American hero, General H. Norman Schwarzkopf; and for other purposes. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 1012. By Representatives Millar of the 79th, Watson of the 91st, Chambers of the 81st, Jennings of the 82nd and Jacobs of the 80th: A BILL to be entitled an Act to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to requirements and conditions applicable to general obligation bonds, so as to provide for additional bond performance audit requirements; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate insists on its substitutes to the following bills of the House: HB 173. By Representative Lunsford of the 110th: A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal WEDNESDAY, MARCH 22, 2006 3785 under certain circumstances; to repeal conflicting laws; and for other purposes. 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 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. The Senate insists on its amendments to the following bills of the House: HB 81. By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Jackson of the 161st and Scott of the 2nd: A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to provide that, with respect to all homestead exemptions, the unremarried surviving spouse of a deceased spouse who has been granted a homestead exemption shall continue to receive that exemption so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. HB 1032. By Representatives Lunsford of the 110th, Ralston of the 7th, Forster of the 3rd, England of the 108th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide for certain restrictions on the issuance of such permit; to provide for a background check for permit renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; to provide for an effective date; to repeal conflicting laws; and for other purposes. Representative Harbin of the 118th District, Chairman of the Committee on Appropriations, submitted the following report: Mr. Speaker: 3786 JOURNAL OF THE HOUSE Your Committee on Appropriations 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 556 Do Pass, by Substitute Respectfully submitted, /s/ Harbin of the 118th 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1692 Do Pass, by Substitute Respectfully submitted, /s/ Day of the 163rd Chairman Representative Williams of the 4th District, Chairman of the Committee on Regulated Industries, submitted the following report: Mr. Speaker: Your Committee on Regulated Industries has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 495 Do Pass Respectfully submitted, /s/ Williams of the 4th 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: WEDNESDAY, MARCH 22, 2006 3787 HR 1694 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 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 1791 Do Pass, by Substitute SB 202 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 Senate and has instructed me to report the same back to the House with the following recommendations: SB 150 Do Pass, by Substitute SR 873 Do Pass, by Substitute SR 1028 Do Pass, by Substitute SR 1034 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 129th Chairman The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1694. By Representative Rice of the 51st: A RESOLUTION commending the Wesleyan Lady Wolves on a championship season and inviting the team and its coaches to appear before the House of Representatives; and for other purposes. 3788 JOURNAL OF THE HOUSE The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning. THURSDAY, MARCH 23, 2006 3789 Representative Hall, Atlanta, Georgia Thursday, March 23, 2006 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 E Anderson Ashe Barnard Bearden Benton Black Borders Brooks Bryant Buckner, D Buckner, G Burns Butler Byrd Carter Chambers Cheokas Coan Cole Coleman, B Cox Crawford Cummings Day Dean Dickson Dodson Drenner Dukes Ehrhart England Everson Floyd, J Fludd Forster Freeman Geisinger Graves, T Greene Heard, J Hembree E Hill, C Hill, C.A Holmes Holt Houston Howard, E Hudson Hugley Jackson Jacobs James Jamieson Jenkins Johnson Jones, J Jones, S Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Maddox E Manning Maxwell May Meadows E Millar Mills Mosley Murphy, J Murphy, Q Neal Oliver O'Neal Orrock Parham Parrish Porter Ray Reece, S Reese Rice Rogers Royal Scheid Scott, A Scott, M Shaw Sheldon Sims, C E Smith, L Smith, P Smith, V Talton Teilhet Thomas, A.M 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 Barnes of the 78th, Beasley-Teague of the 65th, Bridges of the 10th, Brown of the 69th, Bruce of the 64th, Burkhalter of the 50th, Burmeister of the 119th, Casas of the 103rd, Channell of the 116th, Cooper of the 41st, Davis of the 109th, Dollar of the 45th, Floyd of the 99th, Golick of the 34th, Hanner of the 148th, Harbin of the 118th, Hatfield of the 177th, Heard of the 114th, Henson of the 87th, Horne of the 71st, Jordan of the 77th, Loudermilk of the 14th, Lucas of the 139th, Lunsford of the 110th, Mangham of the 94th, Marin of the 96th, Martin of the 47th, McCall of the 30th, Mitchell of the 88th, Morris of the 155th, Parsons of the 42nd, Powell of the 29th, Ralston of the 7th, Randall of the 138th, Roberts of the 154th, Rynders of the 152nd, Sailor of the 93rd, Setzler of the 35th, Sims of the 151st, Sinkfield of the 60th, Smith of the 113th, Smith of the 168th, Smith of the 131st, Stanley-Turner of the 53rd, Stephens of the 164th, Stephenson of the 92nd, Walker of the 107th, and Wix of the 33rd. 3790 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Pastor Chris Parkin, Auburn First Baptist Church, Auburn, 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 Resolutions of the House were introduced, read the first time and referred to the Committees: HR 1939. By Representatives Loudermilk of the 14th, Jones of the 46th, Coan of the 101st, Burmeister of the 119th, Reese of the 98th and others: A RESOLUTION urging and requesting the Department of Human Resources to conduct a multiday state-wide conference to discuss the values and beliefs which should form the foundation for Georgia's child welfare system as determined by the department's Division of Family and Children Services, Georgia citizenry, legislators, other leaders, and other interested parties; and for other purposes. THURSDAY, MARCH 23, 2006 3791 Referred to the Committee on Children & Youth. HR 1940. By Representatives Wix of the 33rd, Teilhet of the 40th, Lord of the 142nd, Warren of the 122nd, Johnson of the 37th and others: A RESOLUTION urging the local boards of education to encourage students to recite the pledge of allegiance daily; and for other purposes. Referred to the Committee on Education. HR 1941. By Representatives Buckner of the 130th, Smyre of the 132nd, Porter of the 143rd, Orrock of the 58th, Kidd of the 115th and others: A RESOLUTION urging Congress to enact measures to redesign Social Security cards so that they are more difficult to copy and so that their authenticity may be more accurately determined; and for other purposes. Referred to the Committee on Governmental Affairs. HR 1942. By Representative Jones of the 44th: A RESOLUTION urging each local school district in this state to survey its established school bus routes annually and submit to the Department of Transportation a list identifying each rail crossing that does not have active warning devices on an established bus route; and for other purposes. Referred to the Committee on Transportation. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1637 HB 1638 HB 1639 HB 1640 HB 1641 HB 1642 HB 1643 HB 1644 HB 1645 HB 1646 HB 1647 HB 1648 HB 1662 HR 1889 HR 1890 HR 1918 HR 1919 HR 1920 HR 1921 HR 1922 HR 1923 SB 659 SB 660 SB 666 3792 JOURNAL OF THE HOUSE HB 1649 HB 1650 HB 1651 HB 1652 HB 1653 HB 1654 HB 1655 HB 1656 HB 1657 HB 1658 HB 1659 HB 1660 HB 1661 SB 667 SB 668 SB 669 SB 670 SB 671 SB 672 SB 673 SB 674 SB 675 SB 676 SB 677 SB 678 SB 680 Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report: Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 1535 Do Pass, by Substitute SB 248 Do Pass SB 450 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: SB 382 Do Pass, by Substitute SB 419 Do Pass THURSDAY, MARCH 23, 2006 3793 Respectfully submitted, /s/ Willard of the 49th Chairman Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: Mr. Speaker: Your Committee on Judiciary Non-Civil has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 455 Do Pass, by Substitute SB 456 Do Pass, by Substitute SB 529 Do Pass, by Substitute SB 603 Do Pass, by Substitute Respectfully submitted, /s/ Ralston of the 7th Chairman Representative Chambers of the 81st District Chairman of the Committee on MARTOC, submitted the following report: Mr. Speaker: Your Committee on MARTOC 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 115 Do Pass, by Substitute Respectfully submitted, /s/ Chambers of the 81st 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 1658 Do Pass HR 1857 Do Pass HR 1924 Do Pass 3794 JOURNAL OF THE HOUSE 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 1628 Do Pass HB 1635 Do Pass HB 1636 Do Pass SB 593 Do Pass SB 652 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 of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 431 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 129th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, MARCH 23, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 36th Legislative Day as enumerated below: THURSDAY, MARCH 23, 2006 3795 UNCONTESTED HOUSE/SENATE RESOLUTIONS HR 1341 Joint Study Committee on Direct Entry Midwifery; create SR 849 Kimberly Boyd Memorial Bridge; dedicating DEBATE CALENDAR Open Rule SB 27 SB 44 SB 136 SB 145 SB 236 SB 253 SB 260 SB 384 SB 385 SB 454 SB 469 SB 520 SB 531 Private Military Vehicles; registration; implement rules/regulations Corrections; contracts with private detention/diversion centers; regulations Juvenile Proceedings; bail for delinquent children Cosmetologists; define terms; qualifications; certificate for registration for hair braiders/designers State Employees Insurance; coverage for surviving dependents/spouse Certificate of Permanent Location; requirements; change provisions General Assembly; furnishing/approval of bonds; repeal provisions Interstate Insurance Product Regulation Compact; enact; regulate designated insurance products; create commission Insurers; investments in the obligations of certain Canadian cities Law Enforcement Vehicles; require patrol vehicle markings for Georgia State Patrol Corporations, Partnerships and Associations; update provisions Public Safety, Board of; authorize to provide badge/revolver to sworn officers; state patrol; change provisions Motor Vehicle Liability Policies; uninsured motorist coverage; change certain provisions Modified Open Rule SB 285 Trains, Operation of; signal whistles; lights; remove certain provisions Modified Structured Rule SB 400 SB 532 Motor Vehicles; law enforcement agencies; use of properly equipped allterrain vehicles United States Nuclear Regulatory Commission; enhance the protection of licensed facilities Structured Rule None 3796 JOURNAL OF THE HOUSE 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 1628. By Representatives Brown of the 69th and Smith of the 129th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, so as to provide for meetings of said board; to provide certain changes relating to the manner competitive bids are taken; 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 1635. By Representative Greene of the 149th: A BILL to be entitled an Act to authorize the Magistrate Court of Early County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1636. By Representatives Cooper of the 41st, Tumlin of the 38th, Parsons of the 42nd, Jones of the 44th, Wix of the 33rd 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 6, 2005 (Ga. L. 2005, p. 3846), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 23, 2006 3797 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 593. By Senator Douglas of the 17th: A BILL to be entitled an Act to provide for an advisory referendum election to be held in certain districts of Henry County for the purpose of ascertaining whether the voters of such districts desire the governing authority of Henry County to adopt by policy or ordinance measures to oppose or prevent the expansion of a certain airport in Henry County and whether the governing authority shall take whatever action is legally available to request or prevent the expansion of such airport in any other county; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 652. By Senator Thompson of the 33rd: A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Austell in Cobb and Douglas counties, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended, so as to revise the districts for the election of members of the city council; to provide for definitions and inclusions; to provide for manner 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. 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 E Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Crawford Y Cummings Davis Y Day Y Dean Y Dickson Y Dodson Dollar Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley Martin Y Maxwell Y May McCall McClinton Y Meadows E Millar Y Mills Sailor Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C 3798 JOURNAL OF THE HOUSE 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 Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y 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 Heckstall Y Hembree Y Henson E Hill, C Jackson Y Jacobs Y James Y Jamieson Y Jenkins Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Lindsey Y Lord Loudermilk Lucas Lunsford Y Maddox Y Mangham E Manning Marin Mitchell Morgan Y Morris Mosby Y Mosley 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 Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Roberts Y Rogers Y Royal Y Rynders Y Sims, F Sinkfield Smith, B E 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 Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bills, the ayes were 129, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representative Davis of the 109th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the House: HB 363. By Representatives Murphy of the 23rd, Rice of the 51st and Powell of the 29th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of THURSDAY, MARCH 23, 2006 3799 motor vehicles generally, so as to change the requirements regarding replating of private and governmental motor vehicles; to increase the license fee on governmental vehicles; to provide for disposition of the license fee on governmental vehicles; to remove the provisions regarding five-year license plates on governmental vehicles; to change the requirements as to destruction of tags from governmental vehicles; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 972. By Representatives Casas of the 103rd, Everson of the 106th, Cox of the 102nd, Maxwell of the 17th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to provide that the Professional Standards Commission shall not require a course in computer skill competency for certification renewal but shall require a test in basic computer skill competency; to provide for certificated personnel to have the opportunity to take a basic computer skill competency test onsite at his or her assigned school; to provide for onsite proctors for the basic computer skill competency test; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1018. By Representatives Lewis of the 15th, O`Neal of the 146th, Greene of the 149th, Royal of the 171st, Hanner of the 148th and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption regarding the sale or use of biomass material utilized in the production of electrical power or the coproduction or cogeneration of electrical and steam power which is subsequently sold; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1075. By Representative Parham of the 141st: A BILL to be entitled an Act to amend Code Section 43-47-8 of the Official Code of Georgia Annotated, relating to license applications filed with the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, so as to increase the amount of the bond for used motor vehicle dealers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1120. By Representatives Scott of the 2nd, Knight of the 126th, Graves of the 12th, Fludd of the 66th, Neal of the 1st and others: 3800 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to dealers sales and use tax returns, so as to change certain provisions regarding estimated tax liability; to repeal conflicting laws; and for other purposes. HB 1217. By Representatives Murphy of the 23rd, Rice of the 51st, Talton of the 145th, Maxwell of the 17th and Dollar of the 45th: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for parking permits for disabled persons; to provide for specifications for such parking 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 amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to designate certain Code sections as reserved; to update cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1474. By Representative May of the 111th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Monroe, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to revise certain provisions relating to quorum requirements; to change and extend the corporate limits of the City of Monroe; to provide for a new Article VI, relating to municipal utilities; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1570. By Representatives Mumford of the 95th, Holt of the 112th, Lunsford of the 110th, Walker of the 107th and May of the 111th: A BILL to be entitled an Act to amend an Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4219), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4221), so as to provide an increase in the salary supplement for the superior court judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1572. By Representatives Murphy of the 23rd, Knox of the 24th and Amerson of the 9th: THURSDAY, MARCH 23, 2006 3801 A BILL to be entitled an Act to provide a salary supplement for each judge of the Superior Court of the Bell-Forsyth Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1574. By Representatives Murphy of the 23rd, Knox of the 24th and Amerson of the 9th: A BILL to be entitled an Act to amend an Act creating and establishing a civil service system in Forsyth County for the employees of Forsyth County, approved March 13, 1978 (Ga. L. 1978, p. 3576), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 4272), so as to exempt certain employees of the sheriff from the civil service system and from any rights, protections, privileges, or right of appeal under the civil service system; to repeal conflicting laws; and for other purposes. HB 1583. By Representative Sims of the 169th: A BILL to be entitled an Act to provide for the employment of marshals in Coffee County; to provide for the appointment, duties, and term of such marshals; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1608. By Representatives Richardson of the 19th and Maxwell of the 17th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4145), so as to change the compensation of the chairperson and members of the commission; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1609. By Representatives Fleming of the 117th and Channell of the 116th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Washington, Georgia, approved February 14, 1958 (Ga. L. 1958, p. 2139), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. HB 1610. By Representatives England of the 108th and Benton of the 31st: A BILL to be entitled an Act to amend an Act reincorporating the City of Winder, Georgia, in the County of Barrow, approved March 25, 1974 (Ga. L. 1974, p. 3476), as amended, so as to annex certain territory into the City of 3802 JOURNAL OF THE HOUSE Winder and thereby change the corporate limits of such city; to repeal conflicting laws; and for other purposes. The Senate has adopted by the requisite constitutional majority the following resolution of the House: HR 1395. By Representatives Loudermilk of the 14th, Richardson of the 19th, Keen of the 179th, Porter of the 143rd, Hugley of the 133rd and others: A RESOLUTION honoring the memory of Wiley T. Nixon and naming the Wiley T. Nixon Capitol Post Office in his honor; and for other purposes. The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House: HB 718. By Representative Lindsey of the 54th: A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to allow certain courts to create and administer pretrial intervention and diversion programs; to provide for court costs; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1253. By Representatives Rice of the 51st, Murphy of the 23rd, Talton of the 145th and Dollar of the 45th: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers licenses, so as to provide for reinstatement of a minor's license upon proof of graduation from high school; to provide that social security numbers shall not be used on driver's licenses; to provide for a suspension for violation of restrictions on a driver's license; to add a license suspension for failure to appear in a federal court in this state; to clarify the habitual violator permit eligibility provisions; to provide for confidentiality of medical reports used for medical revocation of a driver's license; to change the times relating to restoring full driving privileges from a limited driving permit; to clarify that trafficking is grounds for a driver's license suspension; to amend Chapter 6 of Title 40 of the O.C.G.A., relating to the uniform rules of the road, so as to clarify the penalty for racing on a highway; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. HB 1585. By Representatives Lane of the 167th, Keen of the 179th and Hill of the 180th: THURSDAY, MARCH 23, 2006 3803 A BILL to be entitled an Act to create the Brunswick-Glynn County Joint Water and Sewer Commission; to provide a short title; to define certain terms; to provide for membership, appointment, terms, cooperation, quorums, and officers of the commission; to provide for a director; to provide for purposes; to provide for powers; to provide for ordinance proposals; to provide for tax exemption; to provide for construction; to provide for cumulative nature of powers; to provide an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes. The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House: HB 692. By Representatives Black of the 174th, Hatfield of the 177th, Greene of the 149th, Sims of the 169th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to change certain provisions relating to terms and conditions of probation; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following members were recognized during the period of Morning Orders and addressed the House: Benfield of the 85th, Thomas of the 55th, Lakly of the 72nd, Buckner of the 76th, Buckner of the 130th, Reece of the 11th, James of the 135th, and Morgan of the 39th. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1658. By Representative Knight of the 126th: A RESOLUTION commending Miss Alexa Cocker and inviting her to appear before the House of Representatives; and for other purposes. HR 1857. By Representatives Abdul-Salaam of the 74th, Hill of the 180th, Brooks of the 63rd, Morgan of the 39th, Stanley-Turner of the 53rd and others: A RESOLUTION commending Dr. Mirian E. Chivers and inviting her to appear before the House of Representatives; and for other purposes. HR 1924. By Representative Maddox of the 172nd: 3804 JOURNAL OF THE HOUSE A RESOLUTION commending Mr. Douglas Harrell for his heroic rescue of a drowning man and inviting him to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: HR 1341. By Representatives Benfield of the 85th, Thomas of the 55th, Smith of the 168th, Sims of the 169th, Holmes of the 61st and others: A RESOLUTION creating the Joint Study Committee on Direct Entry Midwifery; and for other purposes. The following Committee substitute was read and withdrawn: A RESOLUTION Creating the Joint Study Committee on Direct Entry Midwifery; and for other purposes. WHEREAS, pregnancy and childbirth are normal life events; and WHEREAS, the citizens of Georgia need access to midwives who provide maternity care and attend births in homes and freestanding birth centers and who offer the best chance for a natural birth; and WHEREAS, there exists a shortage of maternity care in certain areas of the state and a shortage of consumer choices for maternity care throughout the state; and WHEREAS, ninety-nine percent of births in the United States currently take place in hospitals, and many involve unnecessary interventions; and WHEREAS, nearly one-third of births, the highest rate ever reported, now occur by means of Cesarean section, a rate exceeding recommended rates including the national health goals; and WHEREAS, the very large prospective study of out-of-hospital births with Certified Professional Midwives recently published in the British Medical Journal showed that the outcomes (intrapartum and neonatal mortality) of planned home birth for low risk women in North America using Certified Professional Midwives are equivalent to outcomes for similar women giving birth in hospitals, with much lower rates of medical interventions; and THURSDAY, MARCH 23, 2006 3805 WHEREAS, "granny" midwives were Direct Entry Midwives and have played an important role in the history of this state and their many contributions are deserving of respect and recognition; and WHEREAS, the state of Georgia has no mechanism to provide licensure for Direct Entry Midwives; and WHEREAS, the Georgia Board of Nursing authorizes certified nurse midwives (CNMs) to attend women in childbirth, but those so certified must be registered professional nurses who have graduated from an American College of Nurse-Midwives accredited program, and almost none practice in out-of-hospital settings; and WHEREAS, the Certified Professional Midwife, a national certification recognized in a number of states, is now available to midwives who meet the standardized requirements for knowledge, skills, and experience for entry level practice; and WHEREAS, 24 states currently provide licensure for Direct Entry Midwives who practice in out-of-hospital settings; and WHEREAS, the large majority of out-of-hospital births that occur in the United States are attended by Direct Entry Midwives; and WHEREAS, out-of-hospital births attended by Direct Entry Midwives cost much less than hospital births, potentially saving the government of Georgia millions of dollars, and result in healthier babies with fewer complications; and WHEREAS, the American Public Health Association supports efforts to increase access to out-of-hospital maternity care services and increase the range of quality maternity care choices available to consumers, through recognition that legally-regulated and nationally certified professional midwives can serve clients desiring safe, planned, out-of-hospital maternity care services; and WHEREAS, the American Public Health Association encourages the development and implementation of guidelines for the licensing, certification, and practice for professional midwives for use by state and local health agencies, health planners, maternity care providers, and professional organizations. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there be created the Joint Study Committee on Direct Entry Midwifery to be composed of three members of the House of Representatives, one obstetrician, one certified professional midwife, and one lay person to be appointed by the Speaker of the House of Representatives and three members of the Senate, one obstetrician, one certified professional midwife, and one lay person to be appointed by the Senate Committee on 3806 JOURNAL OF THE HOUSE Assignments. The Speaker shall designate a member of the House and the Senate Committee on Assignments shall designate a member of the Senate who shall serve as chairpersons of the committee. The committee shall meet at the call of the cochairpersons. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and challenges mentioned above or related thereto to assist in the issue of infant mortality in rural and urban areas of Georgia 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 authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized; and the nonlegislative members shall serve without compensation. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and the Senate. 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, 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 Direct Entry Midwifery; and for other purposes. WHEREAS, pregnancy and childbirth are normal life events; and WHEREAS, the citizens of Georgia need access to midwives who provide maternity care and attend births in homes and freestanding birth centers and who offer the best chance for a natural birth; and WHEREAS, there exists a shortage of maternity care in certain areas of the state and a shortage of consumer choices for maternity care throughout the state; and WHEREAS, ninety-nine percent of births in the United States currently take place in hospitals, and many involve unnecessary interventions; and WHEREAS, nearly one-third of births, the highest rate ever reported, now occur by means of Cesarean section, a rate exceeding recommended rates including the national health goals; and THURSDAY, MARCH 23, 2006 3807 WHEREAS, the very large prospective study of out-of-hospital births with Certified Professional Midwives recently published in the British Medical Journal showed that the outcomes (intrapartum and neonatal mortality) of planned home birth for low risk women in North America using Certified Professional Midwives are equivalent to outcomes for similar women giving birth in hospitals, with much lower rates of medical interventions; and WHEREAS, "granny" midwives were Direct Entry Midwives and have played an important role in the history of this state and their many contributions are deserving of respect and recognition; and WHEREAS, the state of Georgia has no mechanism to provide licensure for Direct Entry Midwives; and WHEREAS, the Georgia Board of Nursing authorizes certified nurse midwives (CNMs) to attend women in childbirth, but those so certified must be registered professional nurses who have graduated from an American College of Nurse-Midwives accredited program, and almost none practice in out-of-hospital settings; and WHEREAS, the Certified Professional Midwife, a national certification recognized in a number of states, is now available to midwives who meet the standardized requirements for knowledge, skills, and experience for entry level practice; and WHEREAS, 24 states currently provide licensure for Direct Entry Midwives who practice in out-of-hospital settings; and WHEREAS, the large majority of out-of-hospital births that occur in the United States are attended by Direct Entry Midwives; and WHEREAS, out-of-hospital births attended by Direct Entry Midwives cost much less than hospital births, potentially saving the government of Georgia millions of dollars, and result in healthier babies with fewer complications; and WHEREAS, the American Public Health Association supports efforts to increase access to out-of-hospital maternity care services and increase the range of quality maternity care choices available to consumers, through recognition that legally-regulated and nationally certified professional midwives can serve clients desiring safe, planned, out-of-hospital maternity care services; and WHEREAS, the American Public Health Association encourages the development and implementation of guidelines for the licensing, certification, and practice for professional midwives for use by state and local health agencies, health planners, maternity care providers, and professional organizations. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there be created the House Study Committee on Direct Entry Midwifery to be 3808 JOURNAL OF THE HOUSE composed of four members of the House of Representatives, one obstetrician, one certified professional midwife, and one lay person to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the House who shall serve as the chairperson of the committee. The committee shall meet at the call of the chairperson. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and challenges mentioned above or related thereto to assist in the issue of infant mortality in rural and urban areas of Georgia 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 authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized; and the nonlegislative members shall serve without compensation. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. 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, 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. SR 849. By Senators Wiles of the 37th, Rogers of the 21st, Hill of the 32nd, Stoner of the 6th and Thompson of the 33rd: A RESOLUTION honoring the life and service of Kimberly Boyd and dedicating the Kimberly Boyd Memorial Bridge; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION Dedicating certain portions of the state highway system; to provide for related matters; and for other purposes. PART I WHEREAS, on September 12, 2005, the State of Georgia lost one its finest and most distinguished citizens with the untimely passing of Kimberly Boyd; and WHEREAS, she was placed in a horrifying scenario beyond anyone's worst nightmare when she was abducted at gunpoint by a despicable predator; and THURSDAY, MARCH 23, 2006 3809 WHEREAS, she displayed extraordinary calm and self-possession as she fought with her captor, even after having been shot at close range, sufficient to cause the vehicle in which she had been abducted to wreck; and WHEREAS, although she did not survive the gunshot wound and crash injuries, her incredible bravery in these unimaginable circumstances caused her captor to attempt to flee on foot whereupon he was shot and killed by a quick thinking good Samaritan, Shawn Roberts; and WHEREAS, she was a proud and shining example of enduring love and affection to her beloved husband, Michael, and her two children, Connor and Chloe; and WHEREAS, the devotion, patience, and understanding she demonstrated provided the foundation and framework of success in which all of her family members have developed and flourished; and WHEREAS, this gentlewoman gave inspiration to many through her high ideals, morals, and deep concern for her fellow citizens and she possessed the vast wisdom which only comes through experience and the strength of character which is achieved through overcoming the many challenges of life; and WHEREAS, she was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness and, by the example she made of her life, she made this world a better place in which to live; and WHEREAS, it is only fitting and proper that a bridge should be named to memorialize her heroism. PART II WHEREAS, Airman First Class Antoine J. Holt of Kennesaw, Georgia, was serving as a member of the 603rd Air Control Squadron at Balad Air Field, Iraq, on April 10, 2004, when he was killed as a result of enemy action; and WHEREAS, this courageous soldier confronted the dangers, privations, and discomforts of striving to keep the peace in Iraq with fortitude and steadfast resolve, making us as a nation truly proud; and WHEREAS, although only 20 years old, Airman Holt was entrusted with unusually complex tasks: monitoring airspace activity and hooking up communication systems, tasks rarely vouchsafed to one so young; and WHEREAS, Airman Holt selflessly gave his life in the service and defense of his country, and his heroism will never be forgotten; and 3810 JOURNAL OF THE HOUSE WHEREAS, his grieving family and friends can be proud of their loved one and, through their grief, know that he gave his all for his country; and WHEREAS, all Americans owe a debt of gratitude to the men and women of our armed forces who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world, and it is only fitting and proper that a bridge should be named to memorialize this heroic defender of our freedom. PART III WHEREAS, Mary McCall was a former mayor of Acworth, Georgia; and WHEREAS, she was always a very concerned and involved citizen who did her best to improve the quality of life for all the residents of her beloved city; and WHEREAS, her family donated the land for use as a right of way when the overpass named by this resolution was constructed; and WHEREAS, the overpass is used to allow emergency vehicles to reach their destinations in a timely fashion, without life-threatening delays; and WHEREAS, it is only fitting that a citizen who devoted so much time and energy to make Acworth a great place to live should have a bridge named in her honor. PART IV NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge at U.S. Highway 41 and Lake Allatoona in Cobb County is dedicated as the Kimberly Boyd Memorial Bridge. BE IT FURTHER RESOLVED that the bridge at I-75 and Wade Green Road in Cobb County is dedicated as the Antoine J. Holt Memorial Bridge. BE IT FURTHER RESOLVED that the overpass at the intersection of SR 92 and Main Street in Acworth, Georgia, is dedicated as the Mary McCall Memorial Overpass. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation, the family of Kimberly Boyd, the family of Airman First Class Antoine J. Holt, and the family of Mary McCall. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. THURSDAY, MARCH 23, 2006 3811 By unanimous consent, the following roll call vote was made applicable to the previously read Resolutions. On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: E 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 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 Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Crawford Y Cummings Davis Y Day Dean Y Dickson Y Dodson Dollar Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson 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 Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson E Hill, C Hill, C.A Y Holmes Y Holt Horne Y Houston Y Howard, E Hudson Y Hugley 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 Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham E Manning Y Marin Martin Maxwell Y May McCall McClinton Meadows E Millar Y Mills Mitchell Y Morgan Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal 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 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 E 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 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 Resolutions, the ayes were 132, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted. 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 3812 JOURNAL OF THE HOUSE 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. The following Committee substitute was read and adopted: A BILL To amend Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to railroad companies; so as to remove certain provisions relating to general provisions regarding railroad companies; relating to powers of railroad companies generally; relating to construction, improvement, and repair of rail lines, depots, and roads; relating to operation of trains generally; relating to operation of trains at crossings; relating to injury to livestock and other property; relating to liens against railroad companies; relating to leases and conditional sales of rolling stock; relating to acts or attempts resulting in insolvency or judicial seizure of a company; 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 8 of Title 46 of the Official Code of Georgia Annotated, relating to railroad companies, is amended by repealing and reserving Article 1, relating to general provisions regarding railroad companies. SECTION 2. Said chapter is further amended in Article 4, relating to powers of railroad companies generally, by repealing and reserving Code Section 46-8-101, relating to contracts between railroad companies for common use of tracks within cities, and by repealing and reserving Code Section 46-8-102, relating to construction and operation of vessels by railroad companies, and by repealing and reserving Code Section 46-8-103, relating to appropriation by railroad corporations of public highways, bridges, and ferries, and by repealing and reserving Code Section 46-8-105, relating to effect of adoption of Code Section 46-8-104 by railroad corporations not chartered by the General Assembly, and by repealing and reserving Code Section 46-8-106, relating to the sale or lease of property, rights, and franchises of railroad corporation upon termination of prior lease, and by repealing and reserving Code Section 46-8-107, relating to the sale of a railroad under trust deed, upon foreclosure of mortgage, or by judicial decree, and by repealing and reserving Code Section 46-8-108, relating to reorganization of a corporation by purchasers or their associates or assigns, and by repealing and reserving Code Section 46- THURSDAY, MARCH 23, 2006 3813 8-109, relating to the exercise by a railroad company of rights, franchises, and privileges in another state or territory. SECTION 3. Said chapter is further amended in Article 5, relating to construction, improvement, and repair of rail lines, depots, and roads, by repealing and reserving Code Section 46-8-125, relating to change of general direction and route of railroads, and by repealing and reserving Code Section 46-8-127, relating to regulation of distance between tracks with the same terminal points, and by repealing and reserving Code Section 46-8-129, relating to construction and maintenance by and at expense of railroad company of cattle guards, and by repealing and reserving Code Section 46-8-130, relating to liability of railroad company to landowner for failure to build cattle guard, and by repealing and reserving Code Section 46-8-131, relating to construction of cattle guard and farm crossing by railroad company upon request of landowner, and by repealing and reserving Code Section 46-8-132, relating to construction and applicability of Code Sections 46-8-129 through 46-8-131. SECTION 4. Said chapter is further amended in Article 6, relating to operation of trains generally, by repealing and reserving Part 1, relating to employees engaged in operation of trains generally, and by repealing and reserving Part 2, relating to signal whistles and lights on trains. SECTION 5. Said chapter is further amended in Part 3 of Article 6, relating to operation of trains at crossings, by repealing and reserving Code Section 46-8-190, relating to erection of blowposts to warn of crossings and the duty of locomotive engineers to blow the whistle, and by repealing and reserving Code Section 46-8-191, relating to the duty of railroad companies as to the erection of blowposts and exercise of due care by locomotive engineers, and by repealing and reserving Code Section 46-8-192, relating to effect of title on duties or liabilities of railroad companies under other laws, and by repealing and reserving Code Section 46-8-193, relating to duty of enginemen and conductors to stop trains at railroad crossings, and by repealing and reserving Code Section 46-8-198, relating to erection and placement of signboards to warn of drawbridges, grade crossings, and stations at which there is a switch. SECTION 6. Said chapter is further amended in Article 6, relating to operation of trains generally, by repealing and reserving Part 4, relating to injury to livestock and other property. SECTION 7. Said chapter is further amended by repealing and reserving Article 8, relating to liens against railroad companies. 3814 JOURNAL OF THE HOUSE SECTION 8. Said chapter is further amended by repealing and reserving Article 9, relating to leases and conditional sales of rolling stock. SECTION 9. Said chapter is further amended by repealing and reserving Article 13, relating to acts or attempts resulting in insolvency or judicial seizure of a company. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Ashe Y Barnard Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Crawford Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger Golick Y Graves, D Y Graves, T Y Greene Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall E Hembree Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills 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 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 Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B E Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix THURSDAY, MARCH 23, 2006 3815 Cooper Y Cox Y Henson E Hill, C E Manning Marin Y Royal Y Rynders Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives England of the 108th and Scott of the 2nd 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 520. By Senators Johnson of the 1st, Kemp of the 46th, Douglas of the 17th and Hill of the 32nd: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to authorize the Board of Public Safety to provide a badge and revolver to sworn officers as compensation under certain circumstances; to authorize the commissioner to provide certain uniforms and equipment to all sworn members of the Department of Public Safety; to change certain provisions relating to the provision of uniforms and equipment to members of the Uniform Division and the retention of weapons and badges upon retirement of certain members; 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 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to authorize the Board of Public Safety to provide a badge and duty weapon to sworn officers as compensation under certain circumstances; to authorize the commissioner to provide certain uniforms and equipment to all sworn members of the Department of Public Safety; to change certain provisions relating to the provision of uniforms and equipment to members of the Uniform Division and the retention of weapons and badges upon retirement of certain members; 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. 3816 JOURNAL OF THE HOUSE Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, is amended by striking subsection (c) of Code Section 35-2-42, relating to compensation of members of the Uniform Division, communications officers, recruits, and cadets, and inserting a new subsection (c) to read as follows: "(c) The board shall be authorized to pay to officers, noncommissioned officers, and troopers of the Uniform Division sworn members of the Department of Public Safety additional compensation to be paid upon retirement in the form of the badge and the revolver duty weapon issued by the department to such member officer, noncommissioned officer, or trooper." SECTION 2. Said article is further amended by striking Code Section 35-2-49, relating to the provision of uniforms and equipment to members of the Uniform Division and radio operators and retention of weapons and badges upon retirement, in its entirety and inserting a new Code Section 35-2-49 to read as follows: "35-2-49. The commissioner shall, within the limit of the appropriation, provide the sworn members of the Uniform Division of the Department of Public Safety with proper uniforms, suitable to the season, and also with emergency and first-aid outfits, weapons, motor vehicles with radio equipment, and all other necessary supplies and equipment for the purpose of carrying out this article, the same to remain the property of the state; provided, however, that after a sworn member has accumulated 25 15 years of service with in the Uniform Division of the Department of Public Safety, including prior service with the Department of Driver Services or the Georgia Building Authority, upon leaving the division department under honorable conditions, or upon leaving the department as a result of a disability arising in the line of duty regardless of the number of years of service, such member shall be entitled, as part of his or her compensation, to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner. The commissioner shall also, within the limit of the appropriation, provide proper uniforms and equipment to radio operators. After a radio operator has accumulated 25 15 years of service with the department, including prior service with the Department of Driver Services or the Georgia Building Authority, upon leaving the department under honorable conditions, such radio operator shall be entitled, as part of his or her compensation, to retain his or her badge pursuant to regulations promulgated by the commissioner." 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. THURSDAY, MARCH 23, 2006 3817 The following amendment was read and adopted: Representatives Day of the 163rd and Ehrhart of the 36th move to amend the Committee substitute to SB 520 by striking line 9 of page 2 and inserting in lieu thereof the following: of Motor Vehicle Safety, Georgia Public Service Commission, Georgia Department of Transportation, or Georgia Building Authority, upon leaving the division department By striking lines 16 and 17 on page 2 and inserting in lieu thereof the following: department, including prior service with the Georgia Department of Motor Vehicle Safety, Georgia Public Service Commission, Georgia Department of Transportation, or Georgia Building Authority, upon leaving the department under honorable conditions, such radio The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Barnes Y Bearden Y 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 Y Burmeister Y Burns Y Butler Y Byrd Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins 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 Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris 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 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 E 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 3818 JOURNAL OF THE HOUSE Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T E Cooper Y Cox Y Graves, T Y Greene Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall E Hembree Y Henson E Hill, C Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham E Manning Marin Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Walker Y Warren Y Watson Y Wilkinson 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 148, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. SB 136. By Senators Smith of the 52nd, Hill of the 32nd, Wiles of the 37th and Weber of the 40th: A BILL to be entitled an Act to amend Code Section 15-11-47 of the Official Code of Georgia Annotated, relating to procedure on taking child into custody, detention, and bail, so as to provide for bail for children alleged to be delinquent or unruly; to provide for related matters; to repeal conflicting laws; and for other purposes. The following amendment was read: Representatives Forster of the 3rd and Oliver of the 83rd move to amend SB 136 by deleting on line 1 of page 1 "Code Section 15-11-47" and inserting in its place "Part 5 of Article 1 of Chapter 11 of Title 15". By striking on line 2 of page 1 "procedure on taking child into custody, detention, and bail, so as" and inserting in its place "arrest and detention with regard to juvenile proceedings, so as to change provisions relating to interim control or detention of accused children;". By redesignating Section 2 as Section 3. By striking lines 7 through 9 of page 1 and inserting in their place the following: Part 5 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to arrest and detention with regard to juvenile proceedings, is amended by striking Code Section 15-11-46.1, relating to interim control or detention of accused children, and inserting in its place a new Code Section 15-11-46.1 to read as follows: THURSDAY, MARCH 23, 2006 3819 "15-11-46.1. (a) As a matter of public policy, restraints on the freedom of accused children prior to adjudication shall be imposed only when there is probable cause to believe that the accused child did the act of which he or she is accused and there is clear and convincing evidence that the child's freedom should be restrained. (b) The imposition of interim control or detention on an accused child may be considered for the purposes of: (1) Protecting the jurisdiction and process of the court; (2) Reducing the likelihood that the child may inflict serious bodily harm on others during the interim period; or (3) Protecting the accused child from imminent bodily harm upon his or her request. (c) In the case of a misdemeanor, interim control or detention shall not be imposed on an accused child under the age of 16; but rather the child shall be released immediately to the child's parents, guardian, or other custodian upon such person's promise to bring the child before the court when requested by the court; (c)(d) Interim control or detention shall not be imposed on an accused child: (1) To punish, treat, or rehabilitate the child; (2) To allow parents to avoid their legal responsibilities; (3) To satisfy demands by a victim, the police, or the community; (4) To permit more convenient administrative access to the child; or (5) To facilitate further interrogation or investigation. (d)(e) Whenever an accused child cannot be unconditionally released, conditional or supervised release that results in the least necessary interference with the liberty of the child shall be favored over more intrusive alternatives. (e)(f) Whenever the interim curtailment of an accused child's freedom is permitted under this Code section, the exercise of authority shall reflect the following values: (1) Respect for the privacy, dignity, and individuality of the accused child and his or her family; (2) Protection of the psychological and physical health of the child; (3) Tolerance of the diverse values and preferences among different groups and individuals; (4) Assurance of equality of treatment by race, class, ethnicity, and sex; (5) Avoidance of regimentation and depersonalization of the child; (6) Avoidance of stigmatization of the child; and (7) Assurance that the child has been informed of his or her right to consult with an attorney and that if the child cannot afford an attorney, one will be provided." SECTION 2. Said part is further amended by striking subsection (d) of Code Section 15-11-47, relating to procedure on taking child into custody, detention, and bail, and inserting in its place a new subsection (d) to read as follows: The following amendment was read and adopted: 3820 JOURNAL OF THE HOUSE Representatives Forster of the 3rd and Oliver of the 83rd move to amend the Forster amendment to SB 136 as follows: On line 24 strike "misdemeanor," and insert "status, unruly or truant offense,". The Forester amendment, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard 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 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 E Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson 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 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, E 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 Mangham E Manning Marin Y Martin Maxwell Y May McCall McClinton Y Meadows E Millar Y Mills 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 Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B E Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker THURSDAY, MARCH 23, 2006 3821 On the passage of the Bill, as amended, the ayes were 150, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. Representatives Byrd of the 20th 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. SB 532. By Senators Whitehead, Sr. of the 24th, Williams of the 19th, Goggans of the 7th, Seabaugh of the 28th, Rogers of the 21st and others: A BILL to be entitled an Act to amend provisions of the O.C.G.A. so as to enhance the protection of facilities licensed by the United States Nuclear Regulatory Commission; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend provisions of the Official Code of Georgia Annotated so as to enhance the protection of nuclear power facilities licensed by the United States Nuclear Regulatory Commission; to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to authorize the use of certain weapons by nuclear security personnel or contract nuclear security personnel operating pursuant to a nuclear security plan approved by the United States Nuclear Regulatory Commission or other authorized federal agency; to prohibit the possession or use of certain weapons on a federally licensed nuclear plant site; to amend Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest of persons, so as to empower such nuclear security personnel to detain and use reasonable force against persons reasonably believed to present a danger to the nuclear plant site; to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to expedite the processing and background checks of persons seeking employment in the field of nuclear security; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide an affirmative defense for such security personnel executing an approved nuclear security plan; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 3822 JOURNAL OF THE HOUSE SECTION 1. Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, is amended by striking "and" at the end of paragraph (3), substituting "; and" for the period at the end of paragraph (4), and inserting a new paragraph (5) in Code Section 16-11-124, relating to exemptions from the prohibition of the possession of certain dangerous firearms and weapons, to read as follows: "(5) A security officer employed by a federally licensed nuclear power facility or a licensee of such facility, including a contract security officer, who is trained and qualified under a security plan approved by the United States Nuclear Regulatory Commission or other federal agency authorized to regulate nuclear facility security; provided, however, that this exemption shall apply only while such security officer is acting in connection with his or her official duties on the premises of such nuclear power facility or on properties outside the facility property pursuant to a written agreement entered into with the local law enforcement agency having jurisdiction over the facility. The exemption under this paragraph does not include the possession of silencers." SECTION 2. Said chapter is further amended by inserting a new Code Section 16-11-127.2, immediately following Code Section 16-11-127.1, relating to carrying weapons within school safety zones, to read as follows: "16-11-127.2. (a) Except as provided in subsection (c) of this Code section, it shall be unlawful for any person to carry, possess, or have under such person's control while on the premises of a nuclear power facility a firearm or weapon. Any person who violates this subsection shall be guilty of a misdemeanor. (b) Any person who violates subsection (a) of this Code section with the intent to do bodily harm on the premises of a nuclear power facility shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $10,000, by imprisonment for not less than two nor more than 20 years, or both. (c) This Code section shall not apply to a security officer authorized to carry dangerous weapons pursuant to Code Section 16-11-124 who is acting in connection with his or her official duties on the premises of a federally licensed nuclear power facility; nor shall this Code section apply to persons designated in paragraph (3), (4), (5), or (9) of subsection (c) of Code Section 16-11-127.1." SECTION 3. Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest of persons, is amended by inserting a new subsection (f) in Code Section 17-4-20, relating to the authorization of arrests with and without warrants, and use of deadly force, to read as follows: THURSDAY, MARCH 23, 2006 3823 "(f) A nuclear power facility security officer, including a contract security officer, employed by a federally licensed nuclear power facility or licensee thereof for the purpose of securing that facility shall have the authority to: (1) Threaten or use force against another in defense of a federally licensed nuclear power facility and the persons therein as provided for under Code Sections 16-3-21 and 16-3-23; (2) Search any person on the premises of the nuclear power facility or the properties adjacent to the facility if the facility is under imminent threat or danger pursuant to a written agreement entered into with the local enforcement agency having jurisdiction over the facility for the purpose of determining if such person possesses unauthorized weapons, explosives, or other similarly prohibited material; provided, however, that if such person objects to any search, he or she shall be detained as provided in paragraph (3) of this subsection or shall be required to immediately vacate the premises. Any person refusing to submit to a search and refusing to vacate the premises of a facility upon the request of a security officer as provided for in this Code section shall be guilty of a misdemeanor; and (3) In accordance with a nuclear security plan approved by the United States Nuclear Regulatory Commission or other federal agency authorized to regulate nuclear facility security, detain any person located on the premises of a nuclear power facility or on the properties adjacent thereto if the facility is under imminent threat or danger pursuant to a written agreement entered into with the local law enforcement agency having jurisdiction over the facility, where there is reasonable suspicion to believe that such person poses a threat to the security of the nuclear power facility, regardless of whether such prohibited act occurred in the officer's presence. In the event of such detention, the law enforcement agency having jurisdiction over the facility shall be immediately contacted. The detention shall not exceed the amount of time reasonably necessary to allow for law enforcement officers to arrive at the facility." SECTION 4. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by inserting a new subsection (d.4) in Code Section 35-3-34, relating to the disclosure and dissemination of criminal records to private persons and businesses, to read as follows: "(d.4) The center shall place a high priority on inquiries from any nuclear power facility requesting a criminal history and shall respond to such requests as expeditiously as possible, but in no event shall a response be made more than two business days following receipt of the request." SECTION 5. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by inserting a new Code Section 51-1-30.4 to read as follows: "51-1-30.4. 3824 JOURNAL OF THE HOUSE Notwithstanding any other provision of law, an authorized security officer as provided for in Code Section 16-11-124 acting within the scope of his or her official duties on the premises of a federally licensed nuclear power facility or the properties adjacent to the facility pursuant to a written agreement entered into with the local law enforcement agency having jurisdiction over the facility shall be entitled to immunity as provided in Code Section 51-11-9. Such officer and the officer's employer or the owner, operator, or licensee of the facility where the officer is providing security services shall also be immune from liability for the officer's good faith performance of his or her duties at such facility in accordance with a nuclear security plan approved by the United States Nuclear Regulatory Commission or other authorized federal agency." SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that Section 5 of this Act shall apply only with respect to causes of action arising on or after the effective date of this Act. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard 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 Buckner, G Y Burkhalter Y Burmeister Y Burns Y Crawford Cummings N Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Freeman Gardner Y Geisinger Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Mosby Mosley N Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Sailor Y Scheid Scott, A N Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B E Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M THURSDAY, MARCH 23, 2006 3825 Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T E Cooper Y Cox Y Golick Y Graves, D N 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 Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox N Mangham E Manning Marin Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S N Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 142, nays 8. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Maxwell of the 17th and Scott of the 153rd 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 Davis of the 109th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. SB 253. By Senators Smith of the 52nd, Weber of the 40th, Carter of the 13th, Meyer von Bremen of the 12th and Hamrick of the 30th: A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured or mobile homes, so as to change certain provisions relating to requirements for Certificate of Permanent Location; to change certain provisions relating to recording documents in connection with a Certificate of Permanent Location; to provide alternative methods for obtaining a Certificate of Permanent Location; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured or mobile homes, so as to change certain provisions relating to requirements for a Certificate of Permanent Location; to change certain 3826 JOURNAL OF THE HOUSE provisions relating to recording documents in connection with a Certificate of Permanent Location; to provide an alternative method of obtaining a Certificate of Permanent Location that does not involve a certificate of title; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured or mobile homes, is amended by striking Part 4 and inserting in lieu thereof the following: "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' means the state revenue commissioner and includes any county tax commissioner when so authorized by the state revenue commissioner 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) Except as provided in Subpart 1A of this part, a A manufactured home or mobile home shall constitute personal property and shall be subject to the 'Motor Vehicle Certificate of Title Act,' Chapter 3 of Title 40, until such time as the home is converted to real property as provided for in this part or as provided in Subpart 1A of 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. (c) The Certificate of Permanent Location shall be in a form prescribed by the commissioner and shall include: THURSDAY, MARCH 23, 2006 3827 (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 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 Certificate of Permanent Location 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 Certificate of Permanent Location, 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 shall file and retain a copy of such certificate Certificate of Permanent Location together with all other prior title records related to the home. When a properly executed certificate Certificate of Permanent Location has once been filed, the commissioner shall accept no further title filings with respect to that home, except as may be necessary to correct any errors in the department's 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 shall issue to the clerk of the superior court with whom the original Certificate of Permanent Location was filed confirmation by the commissioner that the certificate Certificate of Permanent Location has been so filed and the certificate of title has been surrendered. (d) Upon receipt of confirmation of the filing of the Certificate of Permanent Location from the commissioner, 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 of the Certificate of Permanent Location is properly filed with the commissioner, 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 3828 JOURNAL OF THE HOUSE 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 1A 8-2-183.1. (a) A manufactured home which has not been issued a certificate of title from the commissioner and which is sold on or after July 1, 2006, 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 in the real estate records of the county where the real property is located. (b) The Certificate of Permanent Location shall be in a form prescribed by the commissioner 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) As an attachment, the manufacturer's original certificate of origin; and (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. (c) A Certificate of Permanent Location shall be filed with the clerk of superior court, and the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the Certificate of Permanent Location 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. (d) When a Certificate of Permanent Location is properly filed with the clerk of superior court, 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. (e) When a properly executed Certificate of Permanent Location has once been filed, the commissioner shall accept no further title filings with respect to that home, except THURSDAY, MARCH 23, 2006 3829 as may be necessary to correct any errors in the department's records and except as provided in Subparts 2 and 3 of this part. (f) Upon recording the Certificate of Permanent Location, 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. (g) 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; 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 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, if applicable; (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 Certificate of Permanent Location; and (5) Any other data the commissioner prescribes. 8-2-185. (a) Upon receipt of a properly executed Certificate of Removal from Permanent Location, the commissioner 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 shall charge and collect the fee otherwise prescribed by law for the issuance of a certificate of title. 3830 JOURNAL OF THE HOUSE (b) When a Certificate of Removal from Permanent Location is so filed, the commissioner shall return to the filing party the original of the certificate Certificate of Removal from Permanent Location containing thereon confirmation by the commissioner that the certificate Certificate of Removal from Permanent Location 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 Certificate of Removal from Permanent Location contains thereon the confirmation by the commissioner that the certificate Certificate of Removal from Permanent Location has been filed with the commissioner. (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 Certificate of Removal from Permanent Location 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; 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 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, if applicable; (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 Certificate of Permanent Location; (5) Verification of the destruction by a law enforcement officer; and (6) Any other data the commissioner prescribes. 8-2-188. (a) Upon receipt of a properly executed Certificate of Destruction, the commissioner shall file and retain a copy of such certificate together with all other prior title records related to the home. THURSDAY, MARCH 23, 2006 3831 (b) When a Certificate of Destruction is so filed, the commissioner shall issue to the filing party the original of the certificate Certificate of Destruction containing thereon confirmation by the commissioner that the certificate Certificate of Destruction 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 Certificate of Destruction contains thereon the confirmation by the commissioner that the certificate Certificate of Destruction has been filed with the commissioner. (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 Certificate of Destruction 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 shall charge a fee of $18.00 for any filing under this part." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Benfield Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Mitchell Sailor Y Scheid Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F 3832 JOURNAL OF THE HOUSE 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 Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T E Cooper Y Cox Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall E Hembree Y Henson Y Hill, C Y Jacobs Y James Y Jamieson Y Jenkins 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 E Manning Marin 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 Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sinkfield Y Smith, B E Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker 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 Jones of the 46th and Scott of the 153rd 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 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. THURSDAY, MARCH 23, 2006 3833 On the passage of the Bill, the roll call was ordered and the vote was as follows: E 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 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 E 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 E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 E 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 E Manning Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y 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 Y Rogers Y Royal Y Rynders Sailor Y Scheid Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Smith, B E Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 454. By Senators Douglas of the 17th and Kemp of the 46th: A BILL to be entitled an Act to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, so as to require patrol vehicle markings for Georgia State Patrol vehicles and exclude other vehicles used by the Department of Public Safety from the marking requirements; to increase the number of solid 3834 JOURNAL OF THE HOUSE color marked vehicles allowed per post; to provide for related matters; to repeal conflicting laws; and for other purposes. The following amendment was read and ruled not germane: Representative Oliver of the 83rd et al. move to amend SB 454 by striking line 1 of page 1 through line 9 of page 2 and inserting in their place the following: To amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle equipment generally, so as to eliminate certain exceptions to the required use of safety belts; to require patrol vehicle markings for Georgia State Patrol vehicles and exclude other vehicles used by the Department of Public Safety from the marking requirements; to increase the number of solid color marked vehicles allowed per post; to provide effective dates; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicle equipment generally, is amended in Code Section 40-8-76.1, relating to the use of safety belts in passenger vehicles, by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: "(a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle, including, but not limited to, pickup trucks, vans, or sport utility vehicles, designed to carry ten passengers or less fewer and used for the transportation of persons. Such term shall not include motorcycles, motor driven cycles, or farm vehicles equipped for and used primarily for off-road agricultural use but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for offroad use, provided that the term 'passenger vehicle' includes any sport utility vehicle and also includes pickup trucks for any occupant who is under 18 years of age." SECTION 2. Said article is further amended in Code Section 40-8-91, relating to marking and equipment of law enforcement vehicles, by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: "(b) Any motor vehicle, except as hereinafter provided in this subsection, used by any employee of the Department of Public Safety Georgia State Patrol for the purpose of enforcing the traffic laws of this state shall be distinctly painted, marked, and equipped in such manner as shall be prescribed by the commissioner of public safety pursuant to this Code section. The commissioner in prescribing the manner in which such vehicles shall be painted, marked, or equipped shall: (1) Require that all such motor vehicles be painted in a two-toned uniform color. The hood, top, and the top area not to exceed 12 inches below the bottom of the window THURSDAY, MARCH 23, 2006 3835 opening thereof shall be a light gray color and the remaining portion of said motor vehicle shall be painted a dark blue color; (2) Require that any such motor vehicle be equipped with at least one lamp which when lighted shall display a flashing or revolving colored light visible under normal atmospheric conditions for a distance of 500 feet from the front and rear of such vehicle; and (3) Require that any such motor vehicle shall be distinctly marked on each side and the back thereof with the wording 'State Patrol' in letters not less than six inches in height of a contrasting color from the background color of the motor vehicle. Notwithstanding the above provisions, it shall be permissible for the commissioner to allow not more than two five motor vehicles per State Patrol post to be employed in traffic law enforcement which are painted any solid color designated by the commissioner and marked with 'State Patrol' in six inch high letters of a contrasting color." SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on June 30, 2006. (b) Section 2 of this Act shall become effective on July 1, 2006. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, 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 E Anderson Y Ashe Y Barnard Y Barnes Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown 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 E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Mitchell 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 Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B E Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner 3836 JOURNAL OF THE HOUSE Y Buckner, D E 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 Y Forster Y Franklin Y Freeman E Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y 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 E Manning Marin Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers 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, the ayes were 158, nays 1. The Bill, having received the requisite constitutional majority, was passed. Due to a mechanical malfunction, the vote of Representative Bearden of the 68th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. SB 531. By Senators Rogers of the 21st, Hudgens of the 47th and Chapman of the 3rd: A BILL to be entitled an Act to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, so as to change certain provisions relating to damages recoverable by an insured under uninsured motorist coverage; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following amendment was read and adopted: Representatives Maxwell of the 17th and Bordeaux of the 162nd move to amend SB 531 by inserting after "coverage;" on line 3 on page 1 "to provide a definition;". By redesignating Sections 2 through 4 as Sections 3 through 5, respectively, and inserting after line 14 on page 3 the following: SECTION 2. THURSDAY, MARCH 23, 2006 3837 Said Code section is further amended by striking subparagraph (b)(1)(B) and inserting in lieu thereof a new subparagraph (b)(1)(B) to read as follows: "(B) 'Insured' means the named insured and, while resident of the same household, the spouse of any such named insured and relatives of either, while in a motor vehicle or otherwise; any person who uses, with the expressed or implied consent of the named insured, the motor vehicle to which the policy applies; a guest in such motor vehicle to which the policy applies; or the personal representatives of any of the above. For policies issued or renewed on or after July 1, 2006, the term 'insured' shall also mean a foster child or ward residing in the household of the named insured pursuant to a court order, guardianship, or placement by the Department of Family and Children Services or other department or agency of the state, while in a motor vehicle or otherwise." The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson 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 E 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 Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 E Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B E 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 3838 JOURNAL OF THE HOUSE Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Lunsford Y Maddox Y Mangham E Manning Marin Rice Y Roberts Y Rogers Y Royal Y Rynders Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, as amended, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 44. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Code Section 42-2-11 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Corrections, so as to authorize the board to enter into contracts for the operation of private probation detention and diversion centers; to provide for rules and regulations for the operation of such centers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 42-2-11 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Corrections, so as to authorize the board to enter into contracts for the operation of private probation detention and diversion centers; to provide for rules and regulations for the operation of such centers; to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, 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 registration; to remove a requirement for general liability insurance for private corporations, enterprises, and entities providing probation services; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 23, 2006 3839 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 42-2-11 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Corrections, is amended by adding a new subsection (i) to read as follows: "(i) The board shall have the authority to request bids and proposals and to enter into contracts for the operation of probation detention centers by private companies and entities for the confinement of probationers under Code Section 42-8-35.4 and probation diversion centers for the confinement of probationers under Code Section 428-35.5. The board shall have the authority to adopt, establish, and promulgate rules and regulations for the operation of probation detention and probation diversion centers by private companies and entities." SECTION 2. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by striking Article 6, relating to agreements for probation services, and inserting in lieu thereof the following: "ARTICLE 6 42-8-100. (a) As used in this article, the term: (1) 'Council' means the County and Municipal Probation Advisory Council created under Code Section 42-8-101. (2) 'Private probation officer' means a probation officer employed by a private corporation, private enterprise, private agency, or other private entity that provides probation services. (3) 'Probation officer' means a person employed to supervise defendants placed on probation by a county or municipal court for committing an ordinance violation or misdemeanor. (b) Any county or municipal court which has original jurisdiction of ordinance violations or misdemeanors and in which the defendant in such a case has been found guilty upon verdict or any plea or has been sentenced upon a plea of nolo contendere, may, at a time to be determined by the court, hear and determine the question of the probation of such defendant. (b)(c) If it appears to the court upon a hearing of the matter that the defendant is not likely to engage in an unlawful course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any portion thereof or may place him or her on probation under the supervision and control of a probation supervisor officer for the duration of such probation, subject to the provisions of this Code section. 3840 JOURNAL OF THE HOUSE The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed on the defendant. (c)(d) The court may, in its discretion, require the payment of a fine or costs, or both, as a condition precedent to probation. (d)(e) The sentencing judge shall not lose jurisdiction over any person placed on probation during the term of his or her probated sentence. The judge is empowered to revoke any or all of the probated sentence, rescind any or all of the sentence, or, in any manner deemed advisable by the judge, modify or change the probated sentence at any time during the period of time originally prescribed for the probated sentence to run. (e)(f) If a defendant is placed on probation pursuant to this Code section by a county or municipal court other than one for the county or municipality in which he or she resides for committing any ordinance violation or misdemeanor, such defendant may, when specifically ordered by the court, have his or her probation supervision transferred to the county or municipality in which he or she resides. (f)(g)(1) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to enter into written contracts with corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in that court and placed on probation in the county. In no case shall a private probation corporation or enterprise be charged with the responsibility for supervising a felony sentence. The final contract negotiated by the chief judge with the private probation entity shall be attached to the approval by the governing authority of the county to privatize probation services as an exhibit thereto. The termination of a contract for probation services as provided for in this subsection entered into on or after July 1, 2001, shall be initiated by the chief judge of the court which entered into the contract, and subject to approval by the governing authority of the county which entered into the contract and in accordance with the agreed upon, written provisions of such contract. The termination of a contract for probation services as provided for in this subsection in existence on July 1, 2001, and which contains no provisions relating to termination of such contract shall be initiated by the chief judge of the court which entered into the contract, and subject to approval by the governing authority of the county which entered into the contract and in accordance with the agreed upon, written provisions of such contract. (2) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to establish a county probation system to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in that court and placed on probation in the county. THURSDAY, MARCH 23, 2006 3841 (g)(h)(1) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to enter into written contracts with private corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation. The final contract negotiated by the judge with the private probation entity shall be attached to the approval by the governing authority of the municipality or consolidated government to privatize probation services as an exhibit thereto. (2) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to establish a probation system to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation. 42-8-101. (a) There is created the County and Municipal Probation Advisory Council, to be composed of one superior court judge designated by The Council of Superior Court Judges of Georgia, one state court judge designated by The Council of State Court Judges of Georgia, one municipal court judge designated by the Council of Municipal Court Judges of Georgia, one sheriff appointed by the Governor, one probate court judge designated by The Council of Probate Court Judges of Georgia, one magistrate designated by the Council of Magistrate Court Judges, the commissioner of corrections or his or her designee, one public probation officer appointed by the Governor, one private probation officer or individual with expertise in private probation services by virtue of his or her training or employment appointed by the Governor, one mayor or member of a municipal governing authority appointed by the Governor, and one county commissioner appointed by the Governor. Members of the council appointed by the Governor shall be appointed for terms of office of four years. With the exceptions of the public probation officer, the county commissioner, the sheriff, the mayor or member of a municipal governing authority, and the commissioner of corrections, each designee or representative shall be employed in their representative capacity in a judicial circuit operating under a contract with a private corporation, enterprise, or agency as provided under Code Section 42-8-100. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. In the event of death, resignation, disqualification, or removal for any reason of any member of the council, the vacancy shall be filled in the same manner as 3842 JOURNAL OF THE HOUSE the original appointment and any successor shall serve for the unexpired term. Such council shall promulgate rules and regulations regarding contracts or agreements for the provision of probation services and the conduct of business by private entities providing probation services and county, municipal, or consolidated governments establishing probation systems as authorized by this article. (b) The business of the council shall be conducted in the following manner: (1) The council shall annually elect a chairperson and a vice chairperson from among its membership. The offices of chairperson and vice chairperson shall be filled in such a manner that they are not held in succeeding years by representatives of the same component (law enforcement, courts, corrections) of the criminal justice system; (2) The council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall also meet on the call of the chairperson or at the written request of three of its members; (3) The council shall maintain minutes of its meetings and such other records as it deems necessary; and (4) The council shall adopt such rules for the transaction of its business as it shall desire and may appoint such committees as it considers necessary to carry out its business and duties. (c) Members of the council shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the council is in attendance at a meeting of such council, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal motor vehicle in connection with such attendance as members of the General Assembly receive. Payment of such expense and travel allowance shall be subject to availability of funds and shall be in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. (d) The council is assigned to the Administrative Office of the Courts for administrative purposes only in accordance with Code Section 50-4-3. The funds necessary to carry out the provisions of this article shall come from funds appropriated to the Administrative Office of the Courts or otherwise available to the council. The council is authorized to accept and use grants of funds for the purpose of carrying out the provisions of this article. (e) The council shall have the following powers and duties: (1) To promulgate rules and regulations for the administration of the council, including rules of procedure for its internal management and control; (2) To review the uniform professional standards for private probation officers and uniform contract standards for private probation contracts established in Code Section 42-8-102 and submit a report with its recommendations to the General Assembly; (3) To promulgate rules and regulations to implement those uniform professional standards for probation officers employed by a governing authority of a county, municipality, or consolidated government that has established probation services and THURSDAY, MARCH 23, 2006 3843 uniform agreement standards for the establishment of probation services by a county, municipality, or consolidated government established in Code Section 42-8-102; (4) To promulgate rules and regulations establishing a 40 hour initial orientation for newly hired private probation officers and for 20 hours per annum of continuing education for private probation officers, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole officer basic course of training certified by the Georgia Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996; (5) To promulgate rules and regulations establishing a 40 hour initial orientation for probation officers employed by a county, municipality, or consolidated government that has established probation services and for 20 hours per annum of continuing education for such probation officers, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole officer basic course of training certified by the Georgia Peace Officer Standards and Training Council or any probation officer who has been employed by a county, municipality, or consolidated government as of March 1, 2006; (4)(6) To promulgate rules and regulations relative to the enforcement of compliance with the provisions of this article, which and enforcement mechanisms that may include, but are not limited to, the imposition of sanctions and fines and the voiding of contracts or agreements; (5)(7) To promulgate rules and regulations establishing registration for any private corporation, private enterprise, or private agency, county, municipality, or consolidated government providing probation services under the provisions of this article, subject to the provisions of subsection (a) of Code Section 42-8-107; (6)(8) To produce an annual summary report. Such report shall not contain information identifying individual private corporations, nonprofit corporations, or enterprises or their contracts; and (7)(9) To promulgate rules and regulations requiring criminal record checks of private probation officers registered under this Code section and establishing procedures for such criminal record checks. Such rules and regulations shall require a private probation entity to conduct a criminal history records check, as provided in Code Section 35-3-34, for all private probation officers employed by that entity; and to certify the results of such criminal history records check to the council, in such detail as the council may require. Notwithstanding Code Section 35-3-38 or any other provision of law, a private probation entity shall, upon request, communicate criminal history record information on a private probation officer to the The Administrative Office of the Courts and the County and Municipal Probation Advisory Council on behalf of the council shall conduct a criminal records check for probation officers as provided in Code Section 35-3-34. No applicant shall be registered who has previously been convicted of a felony. The council shall promulgate rules and regulations regarding registration requirements, including restrictions regarding 3844 JOURNAL OF THE HOUSE misdemeanor convictions. An agency or private entity shall also be authorized to conduct a criminal history background check of a person employed as a probation officer or an applicant for a probation officer position. The criminal history check may be conducted in accordance with Code Section 35-3-34 and may be based upon the submission of fingerprints of the person whose records are requested. The Georgia Bureau of Investigation shall submit the fingerprints to the Federal Bureau of Investigation under the rules established by the United States Department of Justice for processing and identification of records. The federal record, if any, shall be obtained and returned to the requesting entity or agency. (f) The initial standards, rules, and regulations of the County and Municipal Probation Advisory Council promulgated under this article shall become effective on January 1, 1996. 42-8-102. (a) The uniform professional standards contained in this subsection shall be met by any person employed as and using the title of a private probation officer or probation officer. Any such person shall be at least 21 years of age at the time of appointment to the position of private probation officer or probation officer and must have completed a standard two-year college course or have four years of law enforcement experience; provided, however, that any person who is currently employed as a private probation officer as of July 1, 1996, and who has had at least six months of experience as a private probation officer or any person employed as a probation officer by a county, municipality, or consolidated government as of March 1, 2006, shall be exempt from such college requirements. Every private probation officer shall receive an initial 40 hours of orientation upon employment and shall receive 20 hours of continuing education per annum as approved by the County and Municipal Probation Advisory Council council, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole officer basic course of training certified by the Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996, or any person employed as a probation officer by a county, municipality, or consolidated government as of March 1, 2006. In no event shall any person convicted of a felony be employed as a private probation officer or utilize the title of private probation officer. (b) The uniform contract standards contained in this Code section subsection shall apply to all private probation contracts executed under the authority of Code Section 42-8-100. The terms of any such contract shall state, at a minimum: (1) The extent of the services to be rendered by the private corporation or enterprise providing probation supervision; (2) Any requirements for staff qualifications, to include those contained in this Code section as well as any surpassing those contained in this Code section; THURSDAY, MARCH 23, 2006 3845 (3) Requirements for criminal record checks of staff in accordance with the rules and regulations established by the County and Municipal Probation Advisory Council council; (4) Policies and procedures for the training of staff that comply with rules and regulations promulgated by the council; (5) Bonding of staff and liability insurance coverage; (6) Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders; (7) Procedures for handling the collection of all court ordered fines, fees, and restitution; (8) Procedures for handling indigent offenders to ensure placement of such indigent offenders irrespective of the ability to pay; (9) Circumstances under which revocation of an offender's probation may be recommended; (10) Reporting and record-keeping requirements; and (11) Default and contract termination procedures. (c) The uniform contract standards contained in this subsection shall apply to all counties, municipalities, and consolidated governments that enter into agreements with a judge to provide probation services under the authority of Code Section 42-8-100. The terms of any such agreement shall state at a minimum: (1) The extent of the services to be rendered by the local governing authority providing probation services; (2) Any requirements for staff qualifications, to include those contained in this Code section; (3) Requirements for criminal record checks of staff in compliance with the rules and regulations established by the council; (4) Policies and procedures for the training of staff that comply with the rules and regulations established by the council; (5) Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders; (6) Procedures for handling the collection of all court ordered fines, fees, and restitution; (7) Circumstances under which revocation of an offender's probation may be recommended; (8) Reporting and record-keeping requirements; and (9) Default and agreement termination procedures. (d) The County and Municipal Probation Advisory Council council shall review the uniform professional standards and uniform contract and agreement standards contained in subsections (a), and (b), and (c) of this Code section and shall submit a report on its findings to the General Assembly. The council shall submit its initial report on or before July 1, 1997 January 1, 2007, and shall continue such reviews every two years thereafter. Nothing contained in such report shall be considered to authorize or require a change in the standards without action by the General Assembly having the 3846 JOURNAL OF THE HOUSE force and effect of law. This report shall provide information which will allow the General Assembly to review the effectiveness of the minimum professional standards and, if necessary, to revise these standards. This subsection shall not be interpreted to prevent the council from making recommendations to the General Assembly prior to its required review and report. 42-8-103. (a) Any private corporation, private enterprise, or private agency contracting to provide probation services or any county, municipality or consolidated government entering into an agreement under the provisions of this article shall provide to the judge with whom the contract or agreement was made and the County and Municipal Probation Advisory Council council a quarterly report summarizing the number of offenders supervised by the private corporation, enterprise, or agency under supervision; the amount of fines, statutory surcharges, and restitution collected; and the number of offenders for whom supervision or rehabilitation has been terminated and the reason for the termination,; and the number of warrants issued during the quarter, in such detail as the council may require. (b) All records of any private corporation, private enterprise, or private agency contracting to provide services or of any county, municipality, or consolidated government entering into an agreement under the provisions of this article shall be open to inspection upon the request of the affected county, municipality, consolidated government, court, the Department of Audits and Accounts, or the County and Municipal Probation Advisory Council council or its designee. 42-8-104. (a) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities shall engage in any other employment, business, or activity which interferes or conflicts with the duties and responsibilities under contracts authorized in this article. (b) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor its employees shall have personal or business dealings, including the lending of money, with probationers under their supervision. (c)(1) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article on or after January 1, 1997, nor any employees of such entities, shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services. (2) No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph THURSDAY, MARCH 23, 2006 3847 shall not prohibit furnishing any probationer, upon request, with the names of certified DUI Alcohol or Drug Use Risk Reduction Programs. Any person violating this paragraph shall be guilty of a misdemeanor. 42-8-105. The provisions of this article shall not affect the ability of local governments to enter into intergovernmental agreements for probation services. (a) No county, municipality, or consolidated government probation officer or other probation office employee shall engage in any other employment, business, or activity which interferes or conflicts with the officer's or employee's duties and responsibilities under agreements authorized in this article. (b) No county, municipality, or consolidated government probation officer or other probation office employee shall have personal or business dealings, including the lending of money, with probationers under the supervision of such probation office. (c)(1) No county, municipality, or consolidated government probation officer or other probation office employee shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services. (2) No county, municipality, or consolidated government that provides probation services through agreement under the provisions of this article nor any employees of such shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph shall not prohibit furnishing any probationer, upon request, with the names of certified DUI Alcohol or Drug Use Risk Reduction Programs. Any person violating this paragraph shall be guilty of a misdemeanor. 42-8-106. (a) All reports, files, records, and papers of whatever kind relative to the supervision of probationers by a private corporation, private enterprise, or private agency contracting under the provisions of this article or by a county, municipality, or consolidated government providing probation services under this article are declared to be confidential and shall be available only to the affected county, municipality, or consolidated government, the judge handling a particular case, the Department of Audits and Accounts, or the County and Municipal Probation Advisory Council council or its designee. (b) In the event of a transfer of the supervision of a probationer from a private corporation, private enterprise, or private agency or county, municipality, or consolidated government providing probation services under this article to the Department of Corrections, the Department of Corrections shall have access to any relevant reports, files, records, and papers of the transferring private entity. All reports, files, records, and papers of whatever kind relative to the supervision of probationers by private corporations, private enterprises, or private agencies under contracts authorized 3848 JOURNAL OF THE HOUSE by this article or by a county, municipality, or consolidated government providing probation services under this article shall not be subject to process of subpoena. 42-8-107. (a)(1) All private corporations, private enterprises, and private agencies contracting or offering to contract for probation services shall register with the County and Municipal Probation Advisory Council council before entering into any contract to provide services. The information included in such registration shall include the name of the corporation, enterprise, or agency, its principal business address and telephone number, the name of its agent for communication, and other information in such detail as the council may require. No registration fee shall be required. (b)(2) Any private corporation, private enterprise, or private agency required to register under the provisions of subsection (a) of this Code section who paragraph (1) of this subsection which fails or refuses to do so shall be subject to revocation of any existing contracts, in addition to any other fines or sanctions imposed by the County and Municipal Probation Advisory Council council. (b)(1) All counties, municipalities, and consolidated governments agreeing or offering to agree to establish a probation system shall register with the council before entering into an agreement with the court to provide services. The information included in such registration shall include the name of the county, municipality, or consolidated government, the principal business address and telephone number, a contact name for communication with the council, and other information in such detail as the council may require. (2) Any county, municipality, or consolidated government required to register under the provisions of paragraph (1) of this subsection which fails or refuses to do so shall be subject to revocation of existing agreements, in addition to any other sanctions imposed by the council. 42-8-108. (a) The probation providers standards contained in this Code section shall be met by private corporations, private enterprises, or private agencies who enter into written contracts for probation services under the authority of Code Section 42-8-100 on or after January 1, 1997 July 1, 2006. Any private corporation, private enterprise, or private agency who which fails to meet the standards established in this Code section subsection on or after January 1, 1997 July 1, 2006, shall not be eligible to provide probation services in this state. All private corporations, private enterprises, or private agencies who enter into written contracts for probation services under the authority of Code Section 42-8-100 on or after January 1, 1997 July 1, 2006, shall: (1) Meet all requirements as outlined in subsection (b) of Code Section 42-8-102, relating to uniform contract standards Maintain no less than $1 million coverage in general liability insurance; (2) Not own or control any finance business or lending institution which makes loans to probationers under its supervision for the payment of probation fees or fines; and THURSDAY, MARCH 23, 2006 3849 (3) Employ at least one person who is responsible for the direct supervision of probation officers employed by the corporation, enterprise, or agency and who shall have at least five years experience in corrections, parole, or probation services; provided, however, that the five-year experience requirement shall not apply to any corporation, enterprise, or agency which is currently engaged in the provision of private probation services in this state on April 15, 1996. (b) The standards contained in this subsection shall be met by all counties, municipalities, or consolidated governments entering into written agreements to provide probation services to any court under the authority of Code Section 42-8-100 on or after July 1, 2006. Any county, municipality, or consolidated government which fails to meet the standards established in this subsection on or after July 1, 2006, shall not be eligible to provide probation services. All counties, municipalities, or consolidated governments which enter into written agreements to provide probation services under the authority of Code Section 42-8-100 on or after July 1, 2006, shall: (1) Register with the council; (2) Meet the requirements of subsection (c) of Code Section 42-8-102; and (3) Employ at least one person who is responsible for the direct supervision of probation officers employed by the governing authority who shall have at least five years experience in corrections, parole, or probation services; provided, however, that the five-year experience requirement shall not apply to any such supervisor employed by a county, municipality, or consolidated government which was engaged in the provision of probation services on April 15, 2006." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of promulgating rules and regulations; for all other purposes, this Act shall become effective July 1, 2006. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson N Ashe Y Barnard N Barnes Y Bearden N Beasley-Teague N Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson N Dollar Y Hill, C.A N Holmes Y Holt E Horne Y Houston N Howard, E Y Hudson N Hugley Y Martin Y Maxwell Y May N McCall McClinton Y Meadows Y Millar Y Mills Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C 3850 JOURNAL OF THE HOUSE Benfield Y Benton N Black N Bordeaux N Borders Y Bridges N Brooks Y Brown Bruce Y Bryant N Buckner, D E Buckner, G Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Cooper Y Cox Drenner Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene N Hanner Y Harbin N Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree Y Henson Y Hill, C N Jackson Jacobs Y James N Jamieson Y Jenkins Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen N Keown N Kidd E Knight Knox N Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham E Manning Marin Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock N Parham Y Parrish 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 N Rynders N Sims, F N Sinkfield Y Smith, B E 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 Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson 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 97, nays 58. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Jacobs of the 80th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Lucas of the 139th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 44. SB 400. By Senators Tolleson of the 20th, Hill of the 4th, Adelman of the 42nd, Kemp of the 46th, Bulloch of the 11th and others: 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 allow the use of properly THURSDAY, MARCH 23, 2006 3851 equipped all-terrain vehicles by law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to provide for certain drivers of all-terrain vehicles to be licensed drivers; to provide for operators of all-terrain vehicles under the age of 16 to complete a safety course; to provide for supervision of children under the age of 16 operating allterrain vehicles; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended by adding a new subsection (c) to Code Section 40-5-21, relating to exemptions from licensing requirements, to read as follows: "(c) Nothing in this Code section shall be construed to permit the operation of allterrain vehicles on the public highways of this state, including paved shoulders, on any portion of The Dwight D. Eisenhower System of Interstate and Defense Highways, or on any lands included in the national park service or state park systems, including wildlife refuges, unless the vehicle is being used for law enforcement purposes." SECTION 2. Said chapter is further amended by adding a new Code Section 40-5-22.2 immediately following Code Section 40-5-22.1, relating to reinstatement of a license of a child under 16 years of age convicted of driving under the influence of alcohol or drugs, to read as follows: "40-5-22.2. (a) No child under the age of ten shall be allowed to operate an all-terrain vehicle on public lands. (b) Before operating an all-terrain vehicle on public lands, any child under the age of 16 must: (1) Complete a safety course approved by the Special Vehicle Institute of America; a certificate showing completion of such course shall be in the child's possession at all times when operating an all-terrain vehicle on public lands; (2) Be supervised by a licensed driver 18 years of age or older; such supervision shall mean the child must be within sight of the adult and at a distance of no more than 300 feet; and 3852 JOURNAL OF THE HOUSE (3) Wear a helmet. (c) Any child under the age of 16 is prohibited from operating an all-terrain vehicle on any public road or highway, the shoulder of any public road or highway, or the right of way of any public road or highway. (d) Any person 16 years of age or older must have a valid driver's license to operate an all-terrain vehicle on public lands. (e) It is prohibited for more than one rider to be on an all-terrain vehicle unless the allterrain vehicle is designed to carry more than one rider. (f) Nothing in this chapter shall be construed to permit the operation of all-terrain vehicles on the public highways of this state, including paved shoulders, on any portion of The Dwight D. Eisenhower System of Interstate and Defense Highways, or on any lands included in the national park service or state park systems, including wildlife refuges, unless the vehicle is being used for law enforcement purposes. (g) Political subdivisions of the state may enact ordinances to further restrict the operation and use of all-terrain vehicles within their jurisdictions. (h)(1) A first conviction of violating any of the provisions of this Code section shall be punishable by a fine of $75.00. (2) A second conviction of violating any of the provisions of this Code section shall be punishable by impoundment of the all-terrain vehicle, a fine of $250.00, or both. (3) A third conviction of violating any of the provisions of this Code section shall be punishable by forfeiture of the all-terrain vehicle, a fine of $500.00, or both." SECTION 3. This Act shall become effective on July 1, 2006, and shall apply to offenses committed on or after that date. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe N Barnard N Barnes N Bearden Y Beasley-Teague Y Benfield N Benton Crawford N Cummings N Davis N Day Dean N Dickson N Dodson Y Dollar Y Drenner Y Dukes Y Hill, C.A Y Holmes Y Holt E Horne N Houston N Howard, E N Hudson Hugley Y Jackson Y Jacobs Martin N Maxwell N May N McCall McClinton N Meadows Y Millar N Mills Mitchell Morgan N Sailor Y Scheid N Scott, A N Scott, M N Setzler N Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield THURSDAY, MARCH 23, 2006 3853 N Black Y Bordeaux N Borders N Bridges Y Brooks Y Brown Bruce N Bryant Buckner, D N Buckner, G Y Burkhalter Y Burmeister N Burns N Butler N Byrd N Carter N Casas Y Chambers Y Channell N Cheokas N Coan Y Cole N Coleman, B N Coleman, T Y Cooper N Cox Y Ehrhart N England N Epps N Everson Fleming Y Floyd, H N Floyd, J Fludd Forster N Franklin N Freeman E Gardner N Geisinger N Golick N Graves, D N Graves, T N Greene N Hanner Y Harbin N Hatfield N Heard, J Y Heard, K N Heckstall Y Hembree Y Henson N Hill, C N James N Jamieson N Jenkins Jennings N Johnson Y Jones, J N Jones, S N Jordan Y 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 N Lucas N Lunsford N Maddox Mangham E Manning Y Marin N Morris N Mosby N Mosley N Mumford Y Murphy, J N Murphy, Q N Neal Y Oliver Y O'Neal Y Orrock Parham N Parrish Y Parsons Y Porter N Powell N Ralston N Randall N Ray N Reece, B Y Reece, S N Reese Y Rice N Roberts Y Rogers N Royal N Rynders N Smith, B N Smith, L N Smith, P Smith, R N Smith, T Smith, V Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton N Teilhet N Thomas, A.M Y Thomas, B Y Tumlin N Walker N Warren N Watson Y Wilkinson E Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 54, nays 100. The Bill, having failed to receive the requisite constitutional majority, was lost. The Speaker announced the House in recess until 2:00 o'clock, this afternoon. 3854 JOURNAL OF THE HOUSE AFTERNOON SESSION The Speaker called the House to order. Representative Hembree of the 67th District, Chairman of the Committee on Higher Education, submitted the following report: Mr. Speaker: Your Committee on Higher Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 562 Do Pass, by Substitute Respectfully submitted, /s/ Hembree of the 67th Chairman The following Resolutions of the House were read: HR 1943. By Representative Floyd of the 147th: A RESOLUTION commending the Hawkinsville Harness Festival and Spring Celebration; and for other purposes. HR 1944. By Representatives Shaw of the 176th, Borders of the 175th and Black of the 174th: A RESOLUTION commending James A. Bridges; and for other purposes. HR 1945. By Representative Reece of the 11th: A RESOLUTION commending thee Tillotson Corporation; and for other purposes. HR 1946. By Representative Reece of the 11th: A RESOLUTION commending Damien Brooks of the Trion High School debate team; and for other purposes. HR 1947. By Representatives Reece of the 11th, Smith of the 13th, Hudson of the 124th, Hill of the 180th, Jones of the 46th and others: THURSDAY, MARCH 23, 2006 3855 A RESOLUTION congratulating Ms. Anne Christopher on the occasion of her 111th birthday; and for other purposes. HR 1948. By Representatives Day of the 163rd, Richardson of the 19th, Horne of the 71st, James of the 135th, Cole of the 125th and others: A RESOLUTION recognizing and commending Rien Norman; and for other purposes. HR 1949. By Representative Reece of the 11th: A RESOLUTION commending Coach Kevin Trobaugh of the Trion High School debate team; and for other purposes. HR 1950. By Representative Reece of the 11th: A RESOLUTION commending Damien Alexander Brooks on his selection as the STAR student from Trion High School; and for other purposes. HR 1951. By Representatives Reece of the 11th, Cummings of the 16th and Smith of the 13th: A RESOLUTION remembering and honoring the life of Mr. Raymond Lewis Lambert; and for other purposes. HR 1952. By Representative Burkhalter of the 50th: A RESOLUTION expressing regret at the passing of Sherwin Glass; and for other purposes. HR 1953. By Representative Cox of the 102nd: A RESOLUTION commending the Parkview High School Science Bowl Team; and for other purposes. HR 1954. By Representatives Shaw of the 176th, Floyd of the 147th, Ashe of the 56th and Coleman of the 144th: A RESOLUTION commending William Merrill "Bill" Oettmeier, Jr.; and for other purposes. HR 1955. By Representatives Wix of the 33rd, Teilhet of the 40th and Johnson of the 37th: 3856 JOURNAL OF THE HOUSE A RESOLUTION commending Rachel Turner on her selection as the STAR student for John McEachern High School; and for other purposes. HR 1956. By Representatives Wix of the 33rd, Teilhet of the 40th and Johnson of the 37th: A RESOLUTION commending Fahad Khan on his selection as the STAR student for John McEachern High School; and for other purposes. HR 1957. By Representatives Wix of the 33rd, Teilhet of the 40th, Morgan of the 39th and Johnson of the 37th: A RESOLUTION commending Mr. Henley Sawicki on being selected as the South Cobb High School STAR teacher; and for other purposes. HR 1958. By Representatives Wix of the 33rd, Teilhet of the 40th, Morgan of the 39th and Johnson of the 37th: A RESOLUTION commending Karan Thachil on his selection as the STAR student for South Cobb High School; and for other purposes. HR 1959. By Representatives Wix of the 33rd, Teilhet of the 40th and Johnson of the 37th: A RESOLUTION commending Mr. David Richardson on being selected as the John McEachern High School STAR teacher; and for other purposes. HR 1960. By Representatives Wix of the 33rd, Teilhet of the 40th and Johnson of the 37th: A RESOLUTION commending Mr. Gerry Wahl on being selected as the John McEachern High School STAR teacher; and for other purposes HR 1961. By Representatives Henson of the 87th, Watson of the 91st, Benfield of the 85th, Chambers of the 81st, Drenner of the 86th and others: A RESOLUTION recognizing and commending retiring DeKalb County Commissioner Gale Walldorff for significant contribution to the DeKalb County community; and for other purposes. HR 1962. By Representatives Buckner of the 76th, Dodson of the 75th, Barnes of the 78th and Heckstall of the 62nd: THURSDAY, MARCH 23, 2006 3857 A RESOLUTION recognizing and commending Karen Sturdivant; and for other purposes. HR 1963. By Representatives Murphy of the 120th, Burmeister of the 119th, Fleming of the 117th, Harbin of the 118th, Warren of the 122nd and others: A RESOLUTION commending Dr. Rich Jadick; and for other purposes. HR 1964. By Representative Keown of the 173rd: A RESOLUTION commending Eric Andrew Gaupp on becoming an Eagle Scout; and for other purposes. HR 1965. By Representative Keown of the 173rd: A RESOLUTION commending the Thomasville High School Bulldogs boys basketball team, Class AA State Runner-up, and Head Coach Tyrone Kellogg; and for other purposes. HR 1966. By Representatives Jackson of the 161st, Dukes of the 150th and Heard of the 114th: A RESOLUTION commending Anthony Wilson upon being named Legislative Intern of the Year by the Georgia Legislative Black Caucus; and for other purposes. HR 1967. By Representative Amerson of the 9th: A RESOLUTION commending Chestatee Wildlife Preserve; and for other purposes. HR 1968. By Representatives Smith of the 113th and Holt of the 112th: A RESOLUTION commending the Morgan County High School Lady Bulldogs fast pitch softball team; and for other purposes. HR 1969. By Representatives Borders of the 175th and Black of the 174th: A RESOLUTION recognizing Commander Steve Heaton for his contributions to the Valdosta Police Department; and for other purposes. HR 1970. By Representative Bryant of the 160th: 3858 JOURNAL OF THE HOUSE A RESOLUTION commending Reverend Thurmond N. Tillman for his life of dedicated service to his church and recognizing him on the anniversary of his 24th year of service to his congregation; and for other purposes. HR 1971. By Representatives Davis of the 109th, Lunsford of the 110th, Watson of the 91st and Mosby of the 90th: A RESOLUTION remembering and honoring the life of Mr. Otis Bellamy; and for other purposes. HR 1972. By Representatives Davis of the 109th and Lunsford of the 110th: A RESOLUTION congratulating Henry County Middle School on winning the Griffin/Regional Education Service Agency Academic Bowl; and for other purposes. HR 1973. By Representative Cole of the 125th: A RESOLUTION commending Georgia's emergency medical services professionals and recognizing Emergency Medical Services Week; and for other purposes. HR 1974. By Representatives Greene of the 149th, Hanner of the 148th, Porter of the 143rd, Shaw of the 176th, Jamieson of the 28th and others: A RESOLUTION honoring and expressing appreciation to Speaker Emeritus of the Georgia House of Representatives Terry Coleman and congratulating him on his retirement; and for other purposes. HR 1975. By Representatives McClinton of the 84th, Burkhalter of the 50th, Smith of the 113th, Harbin of the 118th and Watson of the 91st: A RESOLUTION commending Paul Howard, Fulton County District Attorney, and the prosecution team; and for other purposes. HR 1976. By Representatives McClinton of the 84th, Burkhalter of the 50th, Smith of the 113th, Harbin of the 118th and Watson of the 91st: A RESOLUTION commending lead prosecutor Clint Rucker, Fulton County Assistant District Attorney; and for other purposes. HR 1977. By Representatives McClinton of the 84th, Burkhalter of the 50th, Smith of the 113th, Harbin of the 118th and Watson of the 91st: THURSDAY, MARCH 23, 2006 3859 A RESOLUTION commending prosecutor Sheila Ross, Fulton County Assistant District Attorney; and for other purposes. HR 1978. By Representative Reece of the 11th: A RESOLUTION commending Cameron Kunzleman of the Trion High School debate team; and for other purposes. HR 1979. By Representatives Brooks of the 63rd and Forster of the 3rd: A RESOLUTION congratulating O'Neil Bell; and for other purposes. HR 1980. By Representative Reece of the 11th: A RESOLUTION commending Ms. Donna Webb on being selected as the Model High School STAR teacher; and for other purposes. HR 1981. By Representatives Reece of the 11th, Cummings of the 16th, Smith of the 13th and Loudermilk of the 14th: A RESOLUTION commending Benjamin Edward Isabel on his selection as the STAR student for Armuchee High School; and for other purposes. HR 1982. By Representative Jones of the 46th: A RESOLUTION commending Timothy Garrett Swenson on his service as a legislative aide; and for other purposes. HR 1983. By Representatives Tumlin of the 38th and Teilhet of the 40th: A RESOLUTION commending Ms. Rose L. Wing; and for other purposes. HR 1984. By Representatives Tumlin of the 38th, Johnson of the 37th, Manning of the 32nd, Parsons of the 42nd and Teilhet of the 40th: A RESOLUTION commending Mr. Ronald H. Francis on the occasion of his retirement; and for other purposes. HR 1985. By Representatives Coan of the 101st, Sheldon of the 105th and Reese of the 98th: A RESOLUTION recognizing and commending Maya Moore as Miss Georgia Basketball; and for other purposes. 3860 JOURNAL OF THE HOUSE HR 1986. By Representatives Shaw of the 176th, Borders of the 175th and Black of the 174th: A RESOLUTION congratulating Valdosta State University on its 100th anniversary and recognizing Valdosta State University Day in Georgia and the Valdosta State University Centennial Years Celebration; and for other purposes. HR 1987. By Representatives Williams of the 165th and Porter of the 143rd: A RESOLUTION commending Pastor Stanford L. Anderson I on the occasion of his 25th anniversary as pastor of Piney Grove Baptist Church; and for other purposes. HR 1988. By Representative Reece of the 11th: A RESOLUTION commending Sarah Elizabeth Morgan on her selection as the STAR student for Chattooga High School; and for other purposes. HR 1989. By Representative Hill of the 21st: A RESOLUTION commending John Brown; and for other purposes. HR 1990. By Representatives Davis of the 109th, Yates of the 73rd, Lunsford of the 110th and Watson of the 91st: A RESOLUTION commending Henry County STAR teachers; and for other purposes. HR 1991. By Representatives Davis of the 109th, Yates of the 73rd, Lunsford of the 110th and Watson of the 91st: A RESOLUTION commending Henry County 2006 STAR Students; and for other purposes. HR 1992. By Representatives Smyre of the 132nd, Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Porter of the 143rd and others: A RESOLUTION commending Mr. James H. Blanchard and congratulating him on his election as chairman of the Financial Services Roundtable; and for other purposes. THURSDAY, MARCH 23, 2006 3861 HR 1993. By Representatives McClinton of the 84th, Burkhalter of the 50th, Smith of the 113th, Harbin of the 118th and Watson of the 91st: A RESOLUTION commending prosecutor Anna Green, Fulton County Assistant District Attorney; and for other purposes. HR 1994. By Representatives McClinton of the 84th, Burkhalter of the 50th, Smith of the 113th, Harbin of the 118th and Watson of the 91st: A RESOLUTION commending prosecutor Kellie Stevens Hill, Fulton County Assistant District Attorney; and for other purposes. HR 1995. By Representative Franklin of the 43rd: A RESOLUTION commending Barbara Brown Barker; and for other purposes. HR 1996. By Representatives Lunsford of the 110th, Keen of the 179th, Fleming of the 117th, Richardson of the 19th, Ralston of the 7th and others: A RESOLUTION commending Krispy Kreme Doughnuts, Inc., and its Ponce de Leon location in Atlanta; and for other purposes. HR 1997. By Representative Reece of the 11th: A RESOLUTION commending Season Helms of the Trion High School debate team; and for other purposes. HR 1998. By Representative Reece of the 11th: A RESOLUTION commending Mr. Bryan Edge on being selected as the Trion High School STAR teacher; and for other purposes. HR 1999. By Representative Jenkins of the 8th: A RESOLUTION honoring the memory of Micajah Clark Dyer, self-taught inventor of the North Georgia mountains; and for other purposes. HR 2000. By Representative Reece of the 11th: A RESOLUTION commending Timothy James Sanders on his selection as the STAR student for Model High School; and for other purposes. 3862 JOURNAL OF THE HOUSE HR 2001. By Representative Reece of the 11th: A RESOLUTION commending Dr. Alan Perry on being selected as the Chattooga High School STAR teacher; and for other purposes. HR 2002. By Representative Reece of the 11th: A RESOLUTION commending Rachel Winstead of the Trion High School debate team; and for other purposes. On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes 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 Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Cheokas Coan Y Cole Y 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 Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger Golick Y Graves, D Graves, T 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 Holmes Y Holt Y Horne Houston Howard, E Y Hudson Y Hugley Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Keown Y Kidd Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Lucas Lunsford Y Maddox Mangham E Manning Marin Y Martin Maxwell Y May Y McCall McClinton Y Meadows Millar Mills Y Mitchell Morgan Y Morris Mosby Y Mosley Y Mumford 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 Reece, B Y Reece, S Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Scheid Y Scott, A Y Scott, M Y Setzler Shaw Sheldon Y Sims, C Y Sims, F Y Sinkfield Smith, B Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Thomas, B Y Tumlin Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Williams, R Y Wix Y Yates Richardson, Speaker THURSDAY, MARCH 23, 2006 3863 On the adoption of the Resolutions, the ayes were 118, nays 0. The Resolutions were adopted. Representative Cox of the 102nd 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. 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 236. By Senators Hudgens of the 47th and Brown of the 26th: A BILL to be entitled an Act to amend Code Section 45-18-9 of the Official Code of Georgia Annotated, relating to the right of continuation of health coverage for a spouse or dependent of a deceased public employee, right to resumption of coverage, payment of contributions, and promulgation of rules and regulations as to continuance, discontinuance, and resumption of coverage, so as to provide that the surviving spouse and dependents of a state employee killed while acting in the scope of his or her employment shall be entitled to continue coverage under the state health insurance plan under certain conditions; to provide that any person so eligible to continue such coverage shall pay the same premium as an active state employee; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 45-18-9 of the Official Code of Georgia Annotated, relating to the right of continuation of health coverage for a spouse or dependent of a deceased public employee, right to resumption of coverage, payment of contributions, and promulgation of rules and regulations as to continuance, discontinuance, and resumption of coverage, so as to provide that the surviving spouse and dependents of a state employee killed while acting in the scope of his or her employment shall be entitled to continue coverage under the state health insurance plan under certain conditions; to provide that any person so eligible to continue such coverage shall pay the same premium as an active state employee; to provide for rules and regulations; to amend Code Section 45-18-54 of the Official Code of Georgia Annotated, relating to continuation of optional employee benefit plans and approval of optional plans or contracting with new or additional insurers, so as to provide that any department, agency, authority, county department of health, or local board of education may receive an administrative fee or service fee for certain services; to repeal conflicting laws; and for other purposes. 3864 JOURNAL OF THE HOUSE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 45-18-9 of the Official Code of Georgia Annotated, relating to the right of continuation of health coverage for a spouse or dependent of a deceased public employee, right to resumption of coverage, payment of contributions, and promulgation of rules and regulations as to continuance, discontinuance, and resumption of coverage, is amended by striking in its entirety subsection (e) and inserting in lieu thereof the following: "(e) If any employee of this state, regardless of his or her time in service, is killed while acting within the scope of his or her employment or receives bodily injury while acting within the scope of his or her employment that directly results in death thereafter, eligible dependents may continue coverage, provided that: (1) The deceased employee was the primary or principal beneficiary of any contract or contracts for health insurance established under this article; (2) At the time of death, the employee included his or her eligible dependents under such contract or contracts for health insurance; (3) At the time of death, the employee maintained continuous coverage during the period between injury and death; (4) The eligible dependents agree to pay the contributions to the cost of such coverage; and (5) The eligible dependents pay such contributions in accordance with the rules and regulations promulgated and adopted by the board governing the continuance, discontinuance, and resumption of coverage by such eligible dependents. any spouse or dependent child or children included in the coverage of the contract or contracts for health insurance as provided in this article at the time of the employee's death who are not otherwise eligible under subsection (a) of this Code section may be entitled to continue such coverage upon agreeing to pay contributions at the same rate as required for state employees and in compliance with the rules and regulations governing such coverage. The board may adopt rules and regulations governing the continuance, discontinuance, and resumption of coverage by any such spouse or dependent child or children." SECTION 2. Code Section 45-18-54 of the Official Code of Georgia Annotated, relating to continuation of optional employee benefit plans and approval of optional plans or contracting with new or additional insurers, is amended by inserting at the end thereof the following: "(d) Nothing in this Code section shall preclude any department, agency, authority, county department of health, or local board of education from receiving an administrative or service fee from any corporation licensed to transact business in this state as reimbursement for the time and expense of administering any optional employee benefit plan which was in operation on January 1, 1986." THURSDAY, MARCH 23, 2006 3865 SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson 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 Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Cheokas Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Crawford Cummings N Davis Y Day Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger Y Golick Y Graves, D E Graves, T Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson N Hill, C Hill, C.A Y Holmes Y Holt Y Horne Houston Howard, E Hudson Y Hugley Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Keown Y Kidd Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox Mangham E Manning Marin Y Martin Y Maxwell May Y McCall McClinton Meadows Y Millar 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 Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Ray Y Reece, B Reece, S Reese Rice Y Roberts Y Rogers Royal Y Rynders Sailor E Scheid Y Scott, A Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Smith, B Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V 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 Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 124, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. 3866 JOURNAL OF THE HOUSE Representatives Coan of the 101st, Reese of the 98th, and Royal of the 171st 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 469. By Senators Smith of the 52nd, Meyer von Bremen of the 12th, Harp of the 29th and Reed of the 35th: A BILL to be entitled an Act to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for the updating of provisions relating to corporations, partnerships, and associations; to provide confirmation when an order for relief with respect to a corporation has been entered pursuant to the federal Bankruptcy Code of the power and authority of such corporation to take action pursuant to the decree of order or the court or judge in such bankruptcy proceedings; to provide that a board of directors can commit a corporation to submit a matter for shareholder approval even if the board of directors subsequently determines to recommend against it later; to correct cross-references; 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 Barnes Y Bearden Y 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 Y Burmeister Y Burns Y Crawford Cummings Davis Y Day Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger Hill, C.A Y Holmes Y Holt Y Horne Houston Howard, E Y Hudson Y Hugley Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Keown Y Kidd Knight Y Knox Y Martin Y Maxwell May Y McCall McClinton Y Meadows Millar 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 Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M THURSDAY, MARCH 23, 2006 3867 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 Golick Y Graves, D E Graves, T Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Lunsford Y Maddox Mangham E Manning Marin 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 Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 141, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 385. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Code Section 33-11-13 of the Official Code of Georgia Annotated, relating to authorized investments of insurers generally, so as to provide that insurers may invest in the obligations of certain Canadian cities; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that insurers may invest in the obligations of certain Canadian cities; to provide for legislative intent; to provide a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-11-13, relating to authorized investments of insurers generally, and inserting in lieu thereof a new Code Section 33-11-13 to read as follows: "33-11-13. An insurer may invest in the obligations of any county, any incorporated city, town, or village, any school district, water district, sewer district, road district, or any special district, or any other political subdivision or public authority of any state, territory, or 3868 JOURNAL OF THE HOUSE insular possession of the United States, or of the District of Columbia, or of the Canadian cities having that have a population of over 25,000 according to the most recent official census Census of Canada, which has not defaulted for a period of 120 days in the payment of interest upon, or for a period of more than one year in the payment of principal of, any of its bonds, notes, warrants, certificates of indebtedness, securities, or any other interest-bearing obligation during the five years immediately preceding the acquisition of the investment." SECTION 2. Said title is further amended by inserting a new Code Section 33-24-16.1 to read as follows: "33-24-16.1. (a) The term 'actual charge' or 'actual fee,' when used in an individual or group specified disease insurance policy, shall mean the amount actually paid by or on behalf of an insured person and accepted as full payment by a health care provider or other designated person for the goods or services provided. (b) The General Assembly finds and declares that the provisions of subsection (a) of this Code section are intended to clarify the current correct interpretation of the defined terms for instances in which the particular insurance policy does not otherwise contain a definition." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson N Dollar Y Drenner Y Dukes Y Ehrhart Y England Hill, C.A Y Holmes Y Holt Y Horne N Houston Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Y Martin Y Maxwell Y May Y McCall McClinton N Meadows Y Millar Y Mills Y Mitchell Morgan Y Morris Mosby Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L THURSDAY, MARCH 23, 2006 3869 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 Coleman, T Y Cooper Y Cox Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C 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 Lunsford Y Maddox Mangham N Manning Marin Y Mosley Y Mumford 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 N Ray Y Reece, B Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, P Y Smith, R Y Smith, T Y Smith, V 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 145, nays 5. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Meadows of the 5th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. SB 384. By Senators Hudgens of the 47th and Rogers of the 21st: 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 Interstate Insurance Product Regulation Compact; to help states join together to establish an interstate compact to regulate designated insurance products; to provide for implementation of such compact; to provide for the Interstate Insurance Product Regulation Commission; to provide for organization of the commission; 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: 3870 JOURNAL OF THE HOUSE E 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 Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger Y Golick Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E 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 Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y 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 Sailor E Scheid Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Stephens 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 Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Scott of the 153rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: THURSDAY, MARCH 23, 2006 3871 HB 1027. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending July 30, 2007. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, MARCH 23, 2006 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 23, 2006, by adding the following: Open Rule DEBATE CALENDAR SB 150 SB 202 SB 380 SB 480 SB 510 SB 515 SB 530 SB 578 Georgia Community Streetcar Development/Revitalization Act; implement program (Zamarripa 36th) (Ehrhart 36th) Budgets/Audits; local government; grant requirements; subrecipients (Wiles 37th) (Geisinger 48th) Agricultural Commodity Commission; equines; definitions; change provisions (PF) (Kemp 46th) (McCall 30th) Georgia Qualified Medication Aides Act; provide for delegation of certain nursing tasks; Georgia Board of Examiners of Licensed Practical Nurses (Unterman 45th) (Brown 69th) Natural Resources; river corridors; minimum standards/procedures for protection; change certain provisions (Pearson 51st) (Amerson 9th) Quality Basic Education Act; expand grades of eligibility for remedial education program (Moody 56th) (Dickson 6th) Property; liens; change provisions; conditions; value (Weber 40th) (Willard 49th) Commercial Waste Tank Truck; rules/regulations of Dept. of Human Resources (Whitehead 24th) (Rice 51st) Modified Open Rule SB 529 Georgia Security/Immigration Compliance Act; persons who are not lawfully present in the U.S.; comprehensive regulation (Rogers 21st) (Lunsford 110th) 3872 JOURNAL OF THE HOUSE Modified Structured Rule SB 569 SB 618 Local Government; newly created municipalities; change provisions; removal of new municipal corporations (Weber 40th) (Jones 46th) Quality Basic Education Act; eligibility of enrollment; children in custody; Dept. of Human Resources/Juvenile Justice; change provisions (Moody 56th) (Coleman 97th) 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 Bill of the Senate was taken up for consideration and read the third time: SB 529. By Senators Rogers of the 21st, Hamrick of the 30th, Douglas of the 17th, Schaefer of the 50th, Seabaugh of the 28th and others: A BILL to be entitled an Act to amend Title 13 of the O.C.G.A., relating to contracts, Title 16 of the O.C.G.A., relating to crimes and offenses, Title 34 of the O.C.G.A., relating to labor, Title 35 of the O.C.G.A., relating to law enforcement, and Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for procedures and requirements applicable to certain contracts or subcontracts; to prohibit certain retaliation; to provide for enforcement, penalties, and exceptions; to provide for offenses regarding involuntary servitude, trafficking of persons for forced labor or services, and sexual servitude of a minor; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL THURSDAY, MARCH 23, 2006 3873 To amend Titles 7, 13, 16, 42, 43, 48, and 50 of the Official Code of Georgia Annotated, relating to banking and finance, contracts, crimes and offenses, penal institutions, professions and businesses, revenue and taxation, and state government, respectively, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for an illegal immigrant fee with respect to money received for wire transmission; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for exceptions; to provide for legislative intent; to prohibit certain conduct to avoid or evade such fee; to provide for criminal penalties; to provide for powers, duties, and authority of the commissioner of banking and finance with respect to the foregoing; to provide for definitions; to provide for procedures and requirements applicable to certain contracts or subcontracts; to provide for powers, duties, and authority of the Commissioner of Labor; to provide that it shall be unlawful to traffic a person for labor or sexual servitude; to provide for valid identification documents; to provide for exceptions; to create and establish the "Registration of Immigration Assistance Act"; to provide a statement of purpose and definitions; to provide for the regulation of private immigration services; to specify conditions under which certain compensation paid by a taxpayer shall be disallowed as a business expense for state income tax purposes; to provide for powers, duties, and authority of the state revenue commissioner; to provide for a legislative finding; to provide for exceptions; to provide for certain records; to provide procedures for determining nationality and immigration status of certain persons who are booked into a jail; to provide for the development of guidelines relative to such booking procedures; to provide for requirements, procedures, and conditions regarding applications for certain benefits; to provide for exceptions; to provide for the promulgation of regulations; to provide for criminal and other penalties; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Georgia Security and Immigration Compliance Act." All requirements of this Act concerning immigration or the classification of immigration status shall be construed in conformity with federal immigration law. SECTION 2. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by adding a new Code section immediately following Code Section 7-1-912, to be designated Code Section 7-1-912.1, to read as follows: "7-1-912.1. (a) This Code section shall be known and may be cited as the 'Illegal Immigrant Fee Act.' 3874 JOURNAL OF THE HOUSE (b) Any authorized agent of a licensee or any money transmission business which is subject to licensure under Article 4 of this chapter and which receives money for wire transmission to a foreign country shall collect from the customer a fee in the amount of 5 percent of the amount of money being transmitted to such foreign country. Such fee shall not apply to any such transaction upon the customer providing adequate proof of United States citizenship or adequate proof that the customer is legally present in the United States. Such proof shall consist only of a valid identification document that is included on the list of acceptable documents of Employment Eligibility Verification Form I-9 of the federal Department of Homeland Security as proof of lawful presence in the United States. Any identification document issued by a foreign government or a driver's license or identification card issued by any state which, on or after July 1, 2006, authorized such driver's license or identification card to be issued to persons not lawfully present in the United States shall not be accepted as evidence of lawful presence in the United States. (c) Each agent or licensee required to collect the fee under this Code section shall file a monthly return with the commissioner reporting and paying the amount of fees due and collected. In reporting and paying such fees to the commissioner an agent or licensee shall be allowed to deduct and retain an amount equal to 20 percent of each fee collected to defray the costs of collection. The commissioner shall remit the received fees to the general fund of the state. (d) The money transmission business shall give the customer a receipt setting forth: (1) The date of receipt of the money; (2) The amount of the fee, if applicable; and (3) The amount of the money in dollars and cents. (e) Subject to the general appropriations process, it is the intent of the General Assembly that an amount equal to the amount of funds derived from the fees collected under this Code section shall be utilized for indigent care programs. (f) It shall be unlawful for any person to transmit money on behalf of any person in order to avoid or evade the fee required under this Code section. Any person who violates this subsection shall, upon conviction thereof for a first offense, be guilty of a misdemeanor; for a second or subsequent offense, such person shall, upon conviction thereof, be guilty of a misdemeanor of a high and aggravated nature. (g) The commissioner shall provide by rule or regulation for the implementation of this Code section including, but not limited to, any appropriate administrative actions or fines for knowing and willful violations of this Code section." SECTION 3. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended by adding two new articles at the end of Chapter 10, to be designated Articles 3 and 4, to read as follows: "ARTICLE 3 THURSDAY, MARCH 23, 2006 3875 13-10-90. As used in this article, the term: (1) 'Commissioner' means the Commissioner of the Georgia Department of Labor. (2) 'Federal work authorization program' means any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603. (3) 'Public employer' means every department, agency, or instrumentality of the state or a political subdivision of the state. (4) 'Subcontractor' includes a subcontractor, contract employee, staffing agency, or any contractor regardless of its tier. 13-10-91. (a) On or after July 1, 2007, every public employer shall register and participate in the federal work authorization program to verify information of all new employees. (b)(1) No public employer shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in the federal work authorization program to verify information of all new employees. (2) No contractor or subcontractor who enters a contract with a public employer shall enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the federal work authorization program to verify information of all new employees. (3) Paragraphs (1) and (2) of this subsection shall apply as follows: (A) On or after July 1, 2007, with respect to public employers, contractors, or subcontractors of 500 or more employees; (B) On or after July 1, 2008, with respect to public employers, contractors, or subcontractors of 100 or more employees; and (C) On or after July 1, 2009, with respect to all public employers, contractors, or subcontractors. (c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (d) The Commissioner shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section and publish such rules and regulations on the Georgia Department of Labor's website. ARTICLE 4 13-10-110. As used in this article, the term: (1) 'Commissioner' means the Commissioner of the Georgia Department of Labor. 3876 JOURNAL OF THE HOUSE (2) 'Public employer' means every department, agency, or instrumentality of the state or a political subdivision of the state. (3) 'State work authorization program' refers to the Georgia Immigrant Worker Verification System (GIWVS) to be established by the Commissioner and to be performed by the Georgia Department of Labor utilizing an electronic verification of work authorization now or hereafter available to the Georgia Department of Labor by or through the United States Department of Homeland Security, the Social Security Administration, or other federal agency to verify work eligibility information of employees, consistent with the requirements of the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603. The Commissioner shall establish the Georgia Immigrant Worker Verification System no later than July 1, 2006. (4) 'Subcontractor' includes a subcontractor, contract employee, staffing agency, or any contractor regardless of its tier. 13-10-111. (a) On or after July 1, 2007, every public employer shall be subject to the requirements of the state work authorization program. (b)(1) No public employer shall enter into a contract for the physical performance of services within this state unless the contractor is in compliance with the state work authorization program. (2) No contractor or subcontractor who enters a contract with a public employer shall enter into such a contract or subcontract in connection with such contract for the physical performance of services within this state unless the contractor and subcontractor is in compliance with the state work authorization program. (3) Paragraphs (1) and (2) of this subsection shall apply as follows: (A) On or after July 1, 2007, with respect to public employers, contractors, or subcontractors of 500 or more employees; (B) On or after July 1, 2008, with respect to public employers, contractors, or subcontractors of 100 or more employees; and (C) On or after July 1, 2009, with respect to all public employers, contractors, or subcontractors. (c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (d) Public employers, contractors, and subcontractors shall provide to authorized representatives of the Commissioner, upon request, such information and documents regarding each employee, contractor, subcontractor, or other worker as will permit the Commissioner to verify the eligibility to work in this state of each individual performing services for such public employer, contractor, or subcontractor. Such public employers, contractors, and subcontractors shall keep true and accurate records containing such information as the Commissioner may prescribe. Such records shall be open to inspection in this state and shall be subject to being copied by the Commissioner or an authorized representative of the Commissioner at any time and as often as may be necessary. Such public employers, contractors, and subcontractors THURSDAY, MARCH 23, 2006 3877 shall file such reports as the Commissioner may prescribe. The Commissioner or an authorized representative of the Commissioner may require from any employing unit, as that term is defined in Code Section 34-8-34 with respect to the administration of the unemployment insurance program, any sworn or unsworn reports deemed necessary for the effective administration of this article. (e) The Georgia Department of Labor shall perform verifications of work eligibility and shall notify such public employers, contractors, or subcontractors when work eligibility cannot be verified. (f) In the discharge of the duties imposed by this article, the Commissioner and his or her duly authorized representatives shall have all the powers referred to in Code Section 34-8-88 with respect to the administration of the unemployment insurance program. (g) The Georgia Department of Labor shall provide state-wide education and training sufficient to assist public employers, contractors, and subcontractors in complying with the requirements of this article. (h) The Commissioner shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section and publish such rules and regulations on the Georgia Department of Labor's website." SECTION 4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding a new Code section immediately following Code Section 16-5-45, to be designated Code Section 16-5-46, to read as follows: "16-5-46. (a) As used in this Code section, the term: (1) 'Coercion' means: (A) Causing or threatening to cause bodily harm to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person; (B) Exposing or threatening to expose any fact or information that if revealed would tend to subject a person to criminal or immigration proceedings, hatred, contempt, or ridicule; (C) Destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of any person; or (D) Providing a controlled substance, as such term is defined by Code Section 1613-21, to such person. (2) 'Deception' means: (A) Creating or confirming another's impression of an existing fact or past event which is false and which the accused knows or believes to be false; (B) Maintaining the status or condition of a person arising from a pledge by that person of his or her personal services as security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined, or 3878 JOURNAL OF THE HOUSE preventing a person from acquiring information pertinent to the disposition of such debt; or (C) Promising benefits or the performance of services which the accused does not intend to deliver or perform or knows will not be delivered or performed. Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this Code section. (3) 'Labor servitude' means work or service of economic or financial value which is performed or provided by another person and is induced or obtained by coercion or deception. (4) 'Sexual servitude' means: (A) Any sexually explicit conduct as defined in paragraph (4) of subsection (a) of Code Section 16-12-100 for which anything of value is directly or indirectly given, promised to, or received by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years; or (B) Any sexually explicit conduct as defined in paragraph (4) of subsection (a) of Code Section 16-12-100 which is performed or provided by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years. (b) A person commits the offense of trafficking a person for labor servitude when that person knowingly subjects or maintains another in labor servitude or knowingly recruits, entices, harbors, transports, provides, or obtains by any means another person for the purpose of labor servitude. (c) A person commits the offense of trafficking a person for sexual servitude when that person knowingly subjects or maintains another in sexual servitude or knowingly recruits, entices, harbors, transports, provides, or obtains by any means another person for the purpose of sexual servitude. (d) Any person who commits the offense of trafficking a person for labor or sexual servitude shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years. Any person who commits the offense of trafficking a person for labor or sexual servitude against a person who is under the age of 18 years shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than ten nor more than 20 years. (e) Prosecuting attorneys and the Attorney General shall have concurrent authority to prosecute any criminal and civil cases arising under the provisions of this Code section and to perform any duty that necessarily appertains thereto. (f)(1) All real and personal property of every kind which is used, intended for use, used in any manner to facilitate, or is derived from a violation of this Code section is contraband and forfeited to the state and no person shall have a property interest in it. (2) Such property may be seized or detained in the same manner as provided in Code Section 16-13-49 and shall not be subject to replevin, conveyance, sequestration, or attachment. THURSDAY, MARCH 23, 2006 3879 (3) Within 60 days of the date of the seizure of proceeds or money pursuant to this subsection, the prosecuting attorney or the Attorney General shall initiate forfeiture or other proceedings as provided in Code Section 16-13-49. An owner or interest holder, as defined by subsection (a) of Code Section 16-13-49, may establish as a defense to the forfeiture of such property which is subject to forfeiture under this subsection the applicable provisions of subsection (e) or (f) of Code Section 16-13-49. (4) Proceeds or money which is forfeited pursuant to this subsection shall be disposed of and distributed as provided in Code Section 16-13-49. (g) Each violation of this Code section shall constitute a separate offense and shall not merge with any other offense. (h) A corporation may be prosecuted under this Code section, or subject to the provisions of subsection (f) of this Code section, only for an act or omission constituting a crime under this Code as provided in Code Section 16-2-22." SECTION 5. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding a new Code section immediately following Code Section 42-4-13, to be designated Code Section 42-4-14, to read as follows: "42-4-14. (a) When any person charged with a felony or with driving under the influence pursuant to Code Section 40-6-391 is confined, for any period, in the jail of the county, any municipality or a jail operated by a regional jail authority, a reasonable effort shall be made to determine the nationality of the person so confined. (b) If the prisoner is a foreign national, the keeper of the jail or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status can not be made from documents in the possession of the prisoner, verification shall be made within 48 hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States, the keeper of the jail or other officer shall notify the United States Department of Homeland Security. (c) Nothing in this Code section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release. (d) The Georgia Sheriffs Association shall prepare and issue guidelines and procedures used to comply with the provisions of this Code section." SECTION 6. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter immediately following Chapter 20 to read as follows: 3880 JOURNAL OF THE HOUSE "CHAPTER 20A 43-20A-1. This chapter shall be known and may be cited as the 'Registration of Immigration Assistance Act.' 43-20A-2. The purpose and intent of this chapter is to establish and enforce standards of ethics in the profession of immigration assistance by private individuals who are not licensed attorneys. 43-20A-3. As used in this chapter, the term: (1) 'Compensation' means money, property, services, promise of payment, or anything else of value. (2) 'Employed by' means that a person is on the payroll of the employer and the employer deducts from the employee's paycheck social security and withholding taxes or that a person receives compensation from the employer on a commission basis or as an independent contractor. (3) 'Immigration assistance service' means any information or action provided or offered to customers or prospective customers related to immigration matters, excluding legal advice, recommending a specific course of legal action or providing any other assistance that requires legal analysis, legal judgment, or interpretation of the law. (4) 'Immigration matter' means any proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of any person that arises under: (A) Immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country; or (B) Action of the United States Department of Labor, the United States Department of State, the United States Department of Homeland Security, or the United States Department of Justice. 43-20A-4. (a) Any person who provides or offers to provide immigration assistance service may perform only the following services: (1) Completing a government agency form, requested by the customer and appropriate to the customer's needs only if the completion of that form does not involve a legal judgment for that particular matter; (2) Transcribing responses to a government agency form which is related to an immigration matter but not advising a customer as to his or her answers on those forms; (3) Translating information on forms to a customer and translating the customer's answers to questions posed on those forms; THURSDAY, MARCH 23, 2006 3881 (4) Securing for the customer supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms; (5) Translating documents from a foreign language into English; (6) Notarizing signatures on government agency forms, if the person performing the service is a notary public commissioned in the State of Georgia and is lawfully present in the United States; (7) Making referrals, without fee, to attorneys who could undertake legal representation for a person in an immigration matter; (8) Preparing or arranging for the preparation of photographs and fingerprints; (9) Arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results; (10) Conducting English language and civics courses; and (11) Performing such other services that the office of the Secretary of State determines by rule may be appropriately performed by such persons in light of the purposes of this chapter. (b) The following persons are exempt from this chapter: (1) An attorney licensed to practice law in Georgia or an attorney licensed to practice law in any other state or territory of the United States or in any foreign country when acting with the approval of a judge having lawful jurisdiction over the matter; (2) A legal intern, clerk, paralegal, or person in a similar position employed by and under the direct supervision of a licensed attorney meeting the requirements in paragraph (1) of this subsection and rendering immigration assistance service in the course of employment; (3) A not for profit organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.2(a) and employees, of those organizations accredited under 8 C.F.R. 292.2(d); and (4) Any organization employing or desiring to employ an alien or nonimmigrant alien, where the organization, its employees, or its agents provide advice or assistance in immigration matters to alien or nonimmigrant alien employees or potential employees without compensation from the individuals to whom such advice or assistance is provided. (c) Nothing in this chapter shall regulate any business to the extent that such regulation is prohibited or preempted by federal law. (d) Any person performing such services shall obtain business licenses from the office of the Secretary of State and as may be required by a local governing authority. (e) Any person who provides or offers immigration assistance service and is not exempted under this chapter shall post signs at his or her place of business setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance service. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to customers. Each sign shall be at least 12 inches by 17 inches and shall contain the following statement: 3882 JOURNAL OF THE HOUSE 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.' (f) Every person engaged in immigration assistance service who is not an attorney who advertises immigration assistance service in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, shall include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following notice in English and the language in which the written communication appears. This notice shall be of a conspicuous size, if in writing, and shall state: 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.' If such advertisement is by radio or television, the statement may be modified but must include substantially the same message. (g) Any person who provides or offers immigration assistance service and is not exempted under this chapter shall not, in any document, advertisement, stationery, letterhead, business card, or other comparable written material, literally translate from English into another language terms or titles including, but not limited to, notary public, notary, licensed, attorney, lawyer, or any other term that implies the person is an attorney. (h) Violations of this chapter may result in a fine of up to $1,000.00 per violation. A fine charged pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal penalties. (i) No person engaged in providing immigration services who is not exempted under this chapter shall do any of the following: (1) Accept payment in exchange for providing legal advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the law; (2) Refuse to return documents supplied by, prepared on behalf of, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer; (3) Represent or advertise, in connection with the provision assistance in immigration matters, other titles or credentials, including but not limited to 'notary public' or 'immigration consultant,' that could cause a customer to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter, provided that a certified notary public may use the term 'notary public' if the use is accompanied by the statement that the person is not an attorney; the term 'notary public' may not be translated to another language; (4) Provide legal advice, recommend a specific course of legal action, or provide any other assistance that requires legal analysis, legal judgment, or interpretation of the law; or (5) Make any misrepresentation or false statement, directly or indirectly, to influence, persuade, or induce patronage. THURSDAY, MARCH 23, 2006 3883 (j) Any person who violates any provision of this chapter shall be guilty of a misdemeanor for a first offense and a high and aggravated misdemeanor for a second or subsequent offense committed within five years of a previous conviction for the same offense. (k) The Secretary of State shall issue rules not inconsistent with this chapter for the implementation, administration, and enforcement of this chapter." SECTION 7. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding two new Code sections immediately following Code Section 48-7-21, to be designated Code Sections 48-7-21.1 and 48-7-21.2, to read as follows: "48-7-21.1. (a) As used in this Code section, the term 'identification and employment authorization document' means any unexpired documents included on the list of acceptable documents, for persons 18 years of age or older, for the Employment Eligibility Verification Form I-9 of the United States Department of Homeland Security except as otherwise provided in this Code section. (b) A travel or identification document issued by a foreign government shall not be accepted as a valid employment authorized documentation unless such document has been recognized by the United States Department of Homeland Security as evidence of alien registration pursuant to federal law. 48-7-21.2. (a) As used in this Code section, the term 'identification and employment authorization document' means any unexpired document included on the list of acceptable documents, for persons 18 years of age or older, for the Employment Eligibility Verification Form I-9 of the United States Department of Homeland Security except as otherwise provided in this Code section. (b)(1) On or after January 1, 2008, no payment of compensation for physical performance of services within this state to an individual of $600.00 or more per annum, whether in the form of wages, salary, payment for labor, benefits, in-kind exchange, or expenses, may be claimed and allowed as a deductible business expense for state income tax purposes by a taxpayer unless the person to whom such compensation was given provides to the taxpayer identification and employment authorization documents. The provisions of this paragraph shall apply whether or not an Internal Revenue Service Form 1099 is issued in conjunction with the payment. (2) The state revenue commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this subsection. (c) This Code section shall not apply to any business domiciled in this state which is exempt from compliance with federal employment verification procedures under federal law which makes the employment of unauthorized aliens unlawful. 3884 JOURNAL OF THE HOUSE (d) This Code section shall not apply to any individual hired by the taxpayer prior to January 1, 2008. (e) This Code section shall not apply to any taxpayer where the individual being paid is not directly compensated or employed by said taxpayer. (f) This Code section shall not apply to compensation paid for physical performance of services within this state to any individual who holds a valid license issued by this state, or an agency, department or division thereof." SECTION 8. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter at the end thereof, to be designated Chapter 36, to read as follows: "CHAPTER 36 50-36-1. (a) Except as provided in subsection (c) of this Code section or where exempted by federal law, on or after July 1, 2007, every agency or a political subdivision of this state shall verify the lawful presence in the United States of any natural person 18 years of age or older who has applied for state or local public benefits, as defined in 8 U.S.C. Section 1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that is administered by an agency or a political subdivision of this state. (b) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (c) Verification of lawful presence under this Code section shall not be required: (1) For any purpose for which lawful presence in the United States is not required by law, ordinance, or regulation; (2) For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure; (3) For short-term, noncash, in-kind emergency disaster relief; (4) For public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; or (5) For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General's sole and unreviewable discretion after consultation with appropriate federal agencies and departments, which: (A) Deliver in-kind services at the community level, including through public or private nonprofit agencies; THURSDAY, MARCH 23, 2006 3885 (B) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and (C) Are necessary for the protection of life or safety. (6) For prenatal care; or (7) For postsecondary education, whereby the Board of Regents of the University System of Georgia or the State Board of Technical and Adult Education shall set forth, or cause to be set forth, policies regarding postsecondary benefits that comply with all federal law including but not limited to public benefits as described in 8 U.S.C. Section 1611, 1621, or 1623. (d) Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall occur as follows: (1) The applicant must execute an affidavit that he or she is a United States citizen or legal permanent resident 18 years of age or older; or (2) The applicant must execute an affidavit that he or she is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act 18 years of age or older lawfully present in the United States. (e) For any applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for benefits shall be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. Until such eligibility verification is made, the affidavit may be presumed to be proof of lawful presence for the purposes of this Code section. (f) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to subsection (d) of this Code section shall be guilty of a violation of Code Section 16-10-20. (g) Agencies or political subdivisions of this state may adopt variations to the requirements of this Code section to improve efficiency or reduce delay in the verification process or to provide for adjudication of unique individual circumstances where the verification procedures in this Code section would impose unusual hardship on a legal resident of Georgia. (h) It shall be unlawful for any agency or a political subdivision of this state to provide any state, local, or federal benefit, as defined in 8 U.S.C. Section 1621 or 8 U.S.C. Section 1611, in violation of this Code section. Each state agency or department which administers any program of state or local public benefits shall provide an annual report with respect to its compliance with this Code section. (i) Any and all errors and significant delays by SAVE shall be reported to the United States Department of Security and to the Secretary of State which will monitor SAVE and its verification application errors and significant delays and report yearly on such errors and significant delays to ensure that the application of SAVE is not wrongfully denying benefits to legal residents of Georgia. 3886 JOURNAL OF THE HOUSE (j) Notwithstanding subsection (f) of this Code section any applicant for federal benefits as defined in 8 U.S.C. Section 1611 or state or local benefits as defined in 8 U.S.C. Section 1621 shall not be guilty of any crime for executing an affidavit attesting to lawful presence in the United States that contains a false statement if said affidavit is not required by this Code section." SECTION 9. (a) Except as otherwise provided in this section, this Act shall become effective on July 1, 2006. (b) Article 4 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated as enacted by Section 3 of this Act shall become effective only if funds are specially appropriated for purposes of said Article 4 in an appropriations Act making specific reference to said Article 4 as enacted by this Act and shall become effective when funds so appropriated become available for expenditure. (c) Section 4 of this Act shall become effective on July 1, 2006, and shall not apply to any offense committed prior to July 1, 2006. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representatives Shaw of the 176th and Marin of the 96th move to amend the committee substitute to SB 529 by striking and replacing dates as follows: Page 2, line 21, strike "2006" and insert "2009"; Page 3, line 27, strike "2007" and insert "2009"; Page 4, line 4, strike "2007" and insert "2009"; Page 4, line 6, strike "2008" and insert "2010"; Page 4, line 8, strike "2009" and insert "2011"; Page 4, line 29, strike "2006" and insert "2009"; Page 4, line 33, strike "2007" and insert "2009"; Page 5, line 9, strike "2007" and insert "2009"; Page 5, line 11, strike "2008" and insert "2010"; Page 5, line 13, strike "2009" and insert "2011"; Page 13, line 7, strike "2008" and insert "2009"; Page 13, line 22, strike "2008" and insert "2009"; Page 13, line 34, strike "2007" and insert "2009"; Page 16, line 3, strike "2006" and insert "2009"; On the adoption of the amendment, the roll call was ordered and the vote was as follows: THURSDAY, MARCH 23, 2006 3887 E Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard Y Barnes N Bearden Y Beasley-Teague 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 N Channell Y Cheokas N Coan Cole N Coleman, B Coleman, T Cooper N Cox N Crawford N Cummings N Davis N Day Dean Y Dickson Y Dodson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Everson 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 N Hatfield N Heard, J Y Heard, K E Heckstall N Hembree Y Henson N Hill, C N Hill, C.A Y Holmes N Holt N Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs 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 Maddox Y Mangham Y Manning Y Marin N Martin N Maxwell N May Y McCall McClinton N Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby N Mosley N Mumford N Murphy, J 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 Y Ray Y Reece, B N Reece, S N Reese N Rice N Roberts N Rogers Y Royal N Rynders Y Sailor E Scheid N Scott, A N Scott, M N Setzler Y Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield Smith, B N Smith, L N Smith, P N Smith, R N Smith, T N Smith, V 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 adoption of the amendment, the ayes were 69, nays 97. The amendment was lost. Representative Dean of the 59th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. 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 "nay" thereon. Due to a mechanical malfunction, the vote of Representative James of the 135th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. 3888 JOURNAL OF THE HOUSE 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: E Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague 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 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 N Dean Y Dickson Y Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E Y Hudson N Hugley N Jackson N Jacobs N James Y Jamieson N 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 Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor E Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 123, nays 51. The Bill, having received the requisite constitutional majority, was passed, by substitute. THURSDAY, MARCH 23, 2006 3889 Representative Benfield of the 85th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon. Representatives Bryant of the 160th and Jenkins of the 8th 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 House was taken up for the purpose of considering the Senate substitute thereto: HB 1027. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending July 30, 2007. The following Senate substitute was read: 3890 JOURNAL OF THE HOUSE A BILL To make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007; 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, 2006, and ending June 30, 2007: H.B 1027 Revenue Sources Available for Appropriation TOTAL STATE FUNDS Brain and Spinal Injury Trust Fund Lottery Proceeds State Motor Fuel Funds State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Community Mental Health Services Block Grant CFDA93.958 Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Federal Highway Administration Planning & Construction CFDA20.205 FHA Planning & Construction CFDA20.205 Governor House SAC $18,654,564,058 $3,007,691 $841,554,506 $801,759,400 $16,830,724,074 $177,518,387 $9,282,923,106 $78,075,044 $74,410,706 $12,840,422 $17,189,251 $2,060,780,867 $793,997,972 $18,654,564,058 $3,000,000 $841,554,506 $801,759,400 $16,830,731,765 $177,518,387 $9,349,479,883 $78,075,044 $110,410,706 $12,840,422 $17,189,251 $2,105,343,425 $793,997,972 $18,654,564,058 $3,007,691 $841,554,506 $801,759,400 $16,830,724,074 $177,518,387 $9,735,349,031 $79,755,270 $132,529,040 $12,840,422 $17,189,251 $2,497,762,769 $794,447,225 $357,883,962 $357,883,962 $357,883,962 THURSDAY, MARCH 23, 2006 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Block Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA 93.667 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Block Grant CFDA 93.558 TANF Transfers to Social Services Block Grant TANF Transfers to Child Care Development Fund Temporary Assistance for Needy Families Unobligated Balance TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized $55,502,068 $18,929,972 $17,348,033 $4,986,835,192 $50,960,435 $52,002,068 $18,929,972 $17,348,033 $4,976,329,411 $50,960,435 $53,202,068 $18,929,972 $17,348,033 $4,943,998,069 $51,293,768 $4,203,960 $50,485,333 $190,656,641 $372,028,378 $318,725,882 $4,203,960 $50,485,333 $190,656,641 $372,028,378 $354,525,882 $4,203,960 $50,485,333 $190,656,641 $372,028,378 $368,540,390 $23,602,496 $29,700,000 $140,794,870 $3,409,099,575 $80,710,042 $20,000,000 $60,710,042 $181,487,379 $181,487,379 $5,504,384 $5,504,384 $1,677,770,985 $1,677,770,985 $41,518,660 $41,518,660 $3,891,368 $3,891,368 $1,418,216,757 $1,418,216,757 $17,502,496 $140,794,870 $3,409,286,803 $80,710,042 $20,000,000 $60,710,042 $181,687,379 $181,687,379 $5,504,384 $5,504,384 $1,677,770,985 $1,677,770,985 $41,518,660 $41,518,660 $3,891,368 $3,891,368 $1,418,203,985 $1,418,203,985 $3,487,988 $140,794,870 $3,526,249,413 $80,703,626 $20,000,000 $60,703,626 $182,921,069 $182,921,069 $6,891,327 $6,891,327 $1,693,926,174 $1,693,926,174 $53,771,536 $53,771,536 $6,956,133 $6,956,133 $1,500,932,605 $1,500,932,605 3891 3892 JOURNAL OF THE HOUSE Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Accounting System Assessments Administrative Hearing Payments Agency to Agency Contracts Air Transportation Charges Health Insurance Payments Legal Services - Client Reimbursable per 45-15-4 Liability Funds Mail and Courier Services Merit System Assessments Merit System Training and Compensation Fees Motor Vehicle Rental Payments Optional Medicaid Services Payments Property Insurance Funds Rental Payments Retirement Payments Risk Management Assessments Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS Changes in Fund Availability TOTAL STATE FUNDS Brain and Spinal Injury Trust Fund Lottery Proceeds State Motor Fuel Funds State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 $2,998,450,684 $8,973,456 $608,684 $12,321,266 $657,795 $2,430,674,325 $21,006,280 $51,764,816 $1,638,361 $12,849,537 $333,430 $2,706,350 $332,300,483 $20,678,179 $991,080 $36,219,631 $759,169 $8,046,494 $55,921,348 $31,346,586,739 $2,986,450,684 $8,973,456 $608,684 $12,321,266 $657,795 $2,418,674,325 $21,006,280 $51,764,816 $1,638,361 $12,849,537 $333,430 $2,706,350 $332,300,483 $20,678,179 $991,080 $36,219,631 $759,169 $8,046,494 $55,921,348 $31,413,330,744 $146,943 $146,943 $3,013,783,701 $8,973,456 $688,684 $16,379,292 $657,795 $2,430,674,325 $31,049,680 $51,764,816 $1,651,861 $14,158,567 $333,430 $2,806,350 $332,029,544 $20,678,179 $991,080 $36,219,631 $759,169 $8,046,494 $55,921,348 $31,916,162,502 $1,248,657,465 $7,691 $29,924,748 $11,759,400 $1,186,073,991 $20,891,635 $554,229,784 $4,048,741 $1,248,657,465 $29,924,748 $11,759,400 $1,186,081,682 $20,891,635 $719,233,074 $4,048,741 $1,248,657,465 $7,691 $29,924,748 $11,759,400 $1,186,073,991 $20,891,635 $1,105,102,222 $5,728,967 THURSDAY, MARCH 23, 2006 CCDF Mandatory & Matching Funds CFDA93.596 Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Federal Highway Administration Planning & Construction CFDA20.205 Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Block Grant CFDA93.959 Social Services Block Grant CFDA 93.667 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Block Grant CFDA 93.558 TANF Transfers to Social Services Block Grant TANF Transfers to Child Care Development Fund Temporary Assistance for Needy Families Unobligated Balance TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services $4,068 $5,827,739 $51,435,092 $36,000,000 $4,068 $55,701,473 $51,435,092 $58,118,334 $4,068 $448,120,817 $51,884,345 $8,910,512 $449,051,027 $5,410,512 $438,545,246 $6,610,512 $406,213,904 $333,333 ($4,883,400) $8,173,061 $4,003,411 $4,003,411 ($4,883,400) $8,173,061 $9,074,605 $44,874,605 ($4,883,400) $8,173,061 $4,003,411 $53,817,919 $27,659,533 ($66,626,210) ($5,835) ($5,835) $149,583,119 $149,583,119 $2,135 $2,135 ($138,011,825) ($138,011,825) $139,974 $139,974 ($370,782) ($370,782) ($77,962,996) ($6,100,000) ($29,700,000) $115,723,676 ($60,438,982) ($5,835) ($5,835) $155,783,119 $155,783,119 $2,135 $2,135 ($138,011,825) ($138,011,825) $139,974 $139,974 ($370,782) ($370,782) ($77,975,768) ($20,114,508) ($29,700,000) $120,794,870 $50,523,628 ($12,251) ($12,251) $151,016,809 $151,016,809 $1,389,078 $1,389,078 ($121,856,636) ($121,856,636) $12,392,850 $12,392,850 $2,693,983 $2,693,983 $4,752,852 3893 3894 JOURNAL OF THE HOUSE Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Accounting System Assessments Administrative Hearing Payments Agency to Agency Contracts Health Insurance Payments Legal Services - Client Reimbursable per 45-15-4 Liability Funds Mail and Courier Services Merit System Assessments Merit System Training and Compensation Fees Motor Vehicle Rental Payments Optional Medicaid Services Payments Property Insurance Funds Rental Payments Retirement Payments Risk Management Assessments Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS Reconciliation of Fund Availability to Fund Application TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Block Grant CFDA 93.558 Temporary Assistance for Needy Families Unobligated Balance TOTAL AGENCY FUNDS Reserved Fund Balances ($77,962,996) $461,407,604 $117,662 $7,376 $83,439 $451,633,037 $23,488 $106,383 $1,122,113 ($212,168) $93,589 $10,687,184 $18,381 $991,080 ($3,399,802) $54,652 $1,205 $79,985 $2,197,668,643 ($77,975,768) $449,407,604 $117,662 $7,376 $83,439 $439,633,037 $23,488 $106,383 $1,122,113 ($212,168) $93,589 $10,687,184 $18,381 $991,080 ($3,399,802) $54,652 $1,205 $79,985 $2,356,859,161 $4,752,852 $146,943 $146,943 $476,740,621 $117,662 $87,376 $4,141,465 $451,633,037 $10,043,400 $23,488 $119,883 $2,431,143 ($212,168) $193,589 $10,416,245 $18,381 $991,080 ($3,399,802) $54,652 $1,205 $79,985 $2,881,023,936 $98,446,513 $5,311,176 ($5,071,194) ($5,071,194) $93,135,337 $5,071,194 ($6,000,000) ($6,000,000) THURSDAY, MARCH 23, 2006 3895 Reserved Fund Balances Not Itemized Section 1: Georgia Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Changes in Operations / Administration 1.1 Reflect operations changes. State General Funds 1. Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Changes in Operations / Administration 2.1 Reflect operations changes. State General Funds 2. Secretary of the Senate's Office TOTAL STATE FUNDS ($6,000,000) $9,715,183 $9,715,183 $9,715,183 $9,779,214 $9,779,214 $9,779,214 $813,497 $813,497 $813,497 Section Total - Continuation $9,715,183 $9,715,183 $9,715,183 $9,715,183 $9,715,183 $9,715,183 Section Total - Final $9,779,214 $9,779,214 $9,779,214 $9,779,214 $9,779,214 $9,779,214 Continuation Budget $813,497 $813,497 $813,497 $813,497 $813,497 $813,497 $25,204 $838,701 $838,701 $838,701 $1,212,412 $1,212,412 $1,212,412 $25,204 $25,204 Appropriation (HB1027) $838,701 $838,701 $838,701 $838,701 $838,701 $838,701 Continuation Budget $1,212,412 $1,212,412 $1,212,412 $1,212,412 $1,212,412 $1,212,412 ($13,446) $1,198,966 ($13,446) ($13,446) Appropriation (HB1027) $1,198,966 $1,198,966 3896 JOURNAL OF THE HOUSE State General Funds $1,198,966 $1,198,966 $1,198,966 TOTAL PUBLIC FUNDS $1,198,966 $1,198,966 $1,198,966 Senate Continuation Budget TOTAL STATE FUNDS $6,689,602 $6,689,602 $6,689,602 State General Funds $6,689,602 $6,689,602 $6,689,602 TOTAL PUBLIC FUNDS $6,689,602 $6,689,602 $6,689,602 Changes in Operations / Administration 3.1 Reflect operations changes. State General Funds $49,172 $49,172 $49,172 3. Senate Appropriation (HB1027) TOTAL STATE FUNDS $6,738,774 $6,738,774 $6,738,774 State General Funds $6,738,774 $6,738,774 $6,738,774 TOTAL PUBLIC FUNDS $6,738,774 $6,738,774 $6,738,774 Senate Budget and Evaluation Office Continuation Budget The purpose is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $999,672 $999,672 $999,672 State General Funds $999,672 $999,672 $999,672 TOTAL PUBLIC FUNDS $999,672 $999,672 $999,672 Changes in Operations / Administration 4.1 Reflect operations changes. State General Funds $3,101 $3,101 $3,101 4. Senate Budget and Evaluation Office Appropriation (HB1027) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $1,002,773 $1,002,773 $1,002,773 State General Funds $1,002,773 $1,002,773 $1,002,773 TOTAL PUBLIC FUNDS $1,002,773 $1,002,773 $1,002,773 Section 2: Georgia House of Representatives TOTAL STATE FUNDS State General Funds $17,216,615 $17,216,615 Section Total - Continuation $17,216,615 $17,216,615 $17,216,615 $17,216,615 THURSDAY, MARCH 23, 2006 3897 TOTAL PUBLIC FUNDS $17,216,615 $17,216,615 $17,216,615 Section Total - Final TOTAL STATE FUNDS $17,366,660 $17,616,660 $17,491,660 State General Funds $17,366,660 $17,616,660 $17,491,660 TOTAL PUBLIC FUNDS $17,366,660 $17,616,660 $17,491,660 House of Representatives Continuation Budget TOTAL STATE FUNDS $17,216,615 $17,216,615 $17,216,615 State General Funds $17,216,615 $17,216,615 $17,216,615 TOTAL PUBLIC FUNDS $17,216,615 $17,216,615 $17,216,615 Changes in Operations / Administration 5.1 Reflect operations changes. State General Funds $150,045 $150,045 $150,045 5.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%. (H and S:YES) State General Funds $0 $0 5.3 Provide funding for a dual-agency Formula Study Committee involving the Board of Regents and DTAE. State General Funds $250,000 $125,000 5. House of Representatives Appropriation (HB1027) TOTAL STATE FUNDS $17,366,660 $17,616,660 $17,491,660 State General Funds $17,366,660 $17,616,660 $17,491,660 TOTAL PUBLIC FUNDS $17,366,660 $17,616,660 $17,491,660 Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $10,154,263 $10,154,263 $10,154,263 $9,078,281 $9,078,281 $9,078,281 Section Total - Continuation $10,154,263 $10,154,263 $10,154,263 $10,154,263 $10,154,263 $10,154,263 Section Total - Final $9,078,281 $9,078,281 $9,078,281 $9,078,281 $9,078,281 $9,078,281 3898 JOURNAL OF THE HOUSE Ancillary Activities Continuation Budget The purpose is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,933,862 $4,933,862 $4,933,862 State General Funds $4,933,862 $4,933,862 $4,933,862 TOTAL PUBLIC FUNDS $4,933,862 $4,933,862 $4,933,862 Changes in Operations / Administration 6.1 Reflect operations changes. State General Funds ($1,100,739) ($1,100,739) ($1,100,739) 6. Ancillary Activities Appropriation (HB1027) The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $3,833,123 $3,833,123 $3,833,123 State General Funds $3,833,123 $3,833,123 $3,833,123 TOTAL PUBLIC FUNDS $3,833,123 $3,833,123 $3,833,123 Legislative Fiscal Office Continuation Budget 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 STATE FUNDS $2,209,558 $2,209,558 $2,209,558 State General Funds $2,209,558 $2,209,558 $2,209,558 TOTAL PUBLIC FUNDS $2,209,558 $2,209,558 $2,209,558 Changes in Operations / Administration 7.1 Reflect operations changes. State General Funds $154,990 $154,990 $154,990 7. Legislative Fiscal Office Appropriation (HB1027) The purpose of this appropriation is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative expenditures and commitments. TOTAL STATE FUNDS $2,364,548 $2,364,548 $2,364,548 State General Funds $2,364,548 $2,364,548 $2,364,548 TOTAL PUBLIC FUNDS $2,364,548 $2,364,548 $2,364,548 Office of Legislative Counsel Continuation Budget The purpose is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $3,010,843 $3,010,843 $3,010,843 THURSDAY, MARCH 23, 2006 3899 State General Funds $3,010,843 $3,010,843 $3,010,843 TOTAL PUBLIC FUNDS $3,010,843 $3,010,843 $3,010,843 Changes in Operations / Administration 8.1 Reflect operations changes. State General Funds ($130,233) ($130,233) ($130,233) 8. Office of Legislative Counsel Appropriation (HB1027) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $2,880,610 $2,880,610 $2,880,610 State General Funds $2,880,610 $2,880,610 $2,880,610 TOTAL PUBLIC FUNDS $2,880,610 $2,880,610 $2,880,610 Section 4: Audits and Accounts, Department of Section Total - Continuation TOTAL STATE FUNDS $30,095,144 $30,095,144 $30,095,144 State General Funds $30,095,144 $30,095,144 $30,095,144 TOTAL PUBLIC FUNDS $30,095,144 $30,095,144 $30,095,144 Section Total - Final TOTAL STATE FUNDS $31,927,549 $31,927,549 $31,427,549 State General Funds $31,927,549 $31,927,549 $31,427,549 TOTAL PUBLIC FUNDS $31,927,549 $31,927,549 $31,427,549 Departmental Administration Continuation Budget The purpose is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,596,639 $1,596,639 $1,596,639 State General Funds $1,596,639 $1,596,639 $1,596,639 TOTAL PUBLIC FUNDS $1,596,639 $1,596,639 $1,596,639 Changes in Operations / Administration 9.1 Reflect operations changes. State General Funds $6,075 $6,075 $6,075 9.2 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (H and S:YES) 3900 JOURNAL OF THE HOUSE State General Funds $0 $0 9.3 Increase funds to reflect an adjustment in the Workers' Compensation premiums. (H and S:YES) State General Funds $0 $0 9.4 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H and S:YES) State General Funds $0 $0 9. Departmental Administration Appropriation (HB1027) The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,602,714 $1,602,714 $1,602,714 State General Funds $1,602,714 $1,602,714 $1,602,714 TOTAL PUBLIC FUNDS $1,602,714 $1,602,714 $1,602,714 Financial Audits Continuation Budget 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 STATE FUNDS $22,831,899 $22,831,899 $22,831,899 State General Funds $22,831,899 $22,831,899 $22,831,899 TOTAL PUBLIC FUNDS $22,831,899 $22,831,899 $22,831,899 Changes in Operations / Administration 10.1 Reflect operations changes. State General Funds $1,319,769 $1,319,769 $819,769 10.2 Establish a new Audit and Assurance Services program by combining the Financial Audits, Performance Audits, and Information System Audits programs. (H:YES)(S:NO) State General Funds $0 $0 10. Financial Audits Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $24,151,668 $24,151,668 $23,651,668 State General Funds $24,151,668 $24,151,668 $23,651,668 TOTAL PUBLIC FUNDS $24,151,668 $24,151,668 $23,651,668 THURSDAY, MARCH 23, 2006 3901 Information Systems Audits Continuation Budget 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 STATE FUNDS $1,076,951 $1,076,951 $1,076,951 State General Funds $1,076,951 $1,076,951 $1,076,951 TOTAL PUBLIC FUNDS $1,076,951 $1,076,951 $1,076,951 Changes in Operations / Administration 11.1 Reflect operations changes. State General Funds $312,535 $312,535 $312,535 11.2 Establish a new Audit and Assurance Services program by combining the Financial Audits, Performance Audits, and Information System Audits programs. (H:YES)(S:NO) State General Funds $0 $0 11. Information Systems Audits Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $1,389,486 $1,389,486 $1,389,486 State General Funds $1,389,486 $1,389,486 $1,389,486 TOTAL PUBLIC FUNDS $1,389,486 $1,389,486 $1,389,486 Legislative Services Continuation Budget The purpose is to provide information on retirement system services, promulgation of statewide policies and procedures and provide fiscal note services. TOTAL STATE FUNDS $110,575 $110,575 $110,575 State General Funds $110,575 $110,575 $110,575 TOTAL PUBLIC FUNDS $110,575 $110,575 $110,575 Changes in Operations / Administration 12.1 Reflect operations changes. State General Funds $2,521 $2,521 $2,521 12. Legislative Services Appropriation (HB1027) The purpose of this appropriation is to provide information on retirement system services, promulgation of statewide policies and procedures and provide fiscal note services. TOTAL STATE FUNDS $113,096 $113,096 $113,096 3902 JOURNAL OF THE HOUSE State General Funds $113,096 $113,096 $113,096 TOTAL PUBLIC FUNDS $113,096 $113,096 $113,096 Performance Audits Continuation Budget The purpose is to audit state programs to determine their efficiency, effectiveness, economy of operations, and compliance with laws and rules. TOTAL STATE FUNDS $2,426,566 $2,426,566 $2,426,566 State General Funds $2,426,566 $2,426,566 $2,426,566 TOTAL PUBLIC FUNDS $2,426,566 $2,426,566 $2,426,566 Changes in Operations / Administration 13.1 Reflect operations changes. State General Funds $85,754 $85,754 $85,754 13.2 Establish a new Audit and Assurance Services program by combining the Financial Audits, Performance Audits, and Information System Audits programs. (H:YES)(S:NO) State General Funds $0 $0 13. Performance Audits Appropriation (HB1027) The purpose of this appropriation is to audit state programs to determine their efficiency, effectiveness, economy of operations, and compliance with laws and rules. TOTAL STATE FUNDS $2,512,320 $2,512,320 $2,512,320 State General Funds $2,512,320 $2,512,320 $2,512,320 TOTAL PUBLIC FUNDS $2,512,320 $2,512,320 $2,512,320 Statewide Equalized Adjusted Property Tax Digest Continuation Budget 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 STATE FUNDS $2,052,514 $2,052,514 $2,052,514 State General Funds $2,052,514 $2,052,514 $2,052,514 TOTAL PUBLIC FUNDS $2,052,514 $2,052,514 $2,052,514 Changes in Operations / Administration 14.1 Reflect operations changes. State General Funds $105,751 $105,751 $105,751 THURSDAY, MARCH 23, 2006 3903 14. Statewide Equalized Adjusted Property Tax Digest Appropriation (HB1027) The purpose of this appropriation is to establish an equalized adjusted property tax digest for each county and for the State as a whole for use in allocating State funds for public school systems. TOTAL STATE FUNDS $2,158,265 $2,158,265 $2,158,265 State General Funds $2,158,265 $2,158,265 $2,158,265 TOTAL PUBLIC FUNDS $2,158,265 $2,158,265 $2,158,265 Section 5: Appeals, Court of Section Total - Continuation TOTAL STATE FUNDS $12,537,586 $12,537,586 $12,537,586 State General Funds $12,537,586 $12,537,586 $12,537,586 TOTAL AGENCY FUNDS $90,000 $90,000 $90,000 Sales and Services $90,000 $90,000 $90,000 TOTAL PUBLIC FUNDS $12,627,586 $12,627,586 $12,627,586 Section Total - Final TOTAL STATE FUNDS $12,878,792 $12,878,792 $12,751,212 State General Funds $12,878,792 $12,878,792 $12,751,212 TOTAL AGENCY FUNDS $90,000 $90,000 $90,000 Sales and Services $90,000 $90,000 $90,000 TOTAL PUBLIC FUNDS $12,968,792 $12,968,792 $12,841,212 Court of Appeals Continuation Budget 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 STATE FUNDS $12,537,586 $12,537,586 $12,537,586 State General Funds $12,537,586 $12,537,586 $12,537,586 TOTAL AGENCY FUNDS $90,000 $90,000 $90,000 Sales and Services $90,000 $90,000 $90,000 Sales and Services Not Itemized $90,000 $90,000 $90,000 TOTAL PUBLIC FUNDS $12,627,586 $12,627,586 $12,627,586 Changes in Operations / Administration 15.1 Annualize the cost of the FY2006 salary adjustment. 3904 JOURNAL OF THE HOUSE State General Funds $125,465 $125,465 $125,465 15.2 Provide additional funding for an increase in real estate rents due to occupancy of new space in Health Building. State General Funds $67,773 $67,773 $67,773 15.3 Provide funding to pay for new GTA Billing Costs related to PeopleSoft HRMS and Financials. State General Funds $20,388 $20,388 $20,388 15.4 Provide for a salary increase in of up to 4% effective January 1, 2007.(H and S:YES) State General Funds $0 $0 15.5 Increase funds to reflect an adjustment in Workers' Compensation premiums.(H and S:YES) State General Funds $0 $0 15.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.(H and S:YES) State General Funds $0 $0 Changes in the Size of the Program 15.7 Increase funds to fill an open administrative position and a record clerk position. State General Funds $127,580 $127,580 $0 15. Court of Appeals Appropriation (HB1027) 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 STATE FUNDS $12,878,792 $12,878,792 $12,751,212 State General Funds $12,878,792 $12,878,792 $12,751,212 TOTAL AGENCY FUNDS $90,000 $90,000 $90,000 Sales and Services $90,000 $90,000 $90,000 Sales and Services Not Itemized $90,000 $90,000 $90,000 TOTAL PUBLIC FUNDS $12,968,792 $12,968,792 $12,841,212 Section 6: Judicial Council TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $14,176,292 $14,176,292 $14,176,292 Section Total - Continuation $14,176,292 $14,176,292 $14,176,292 $14,176,292 $14,176,292 $14,176,292 Section Total - Final THURSDAY, MARCH 23, 2006 3905 TOTAL STATE FUNDS $16,208,743 $13,823,743 $10,747,129 State General Funds $16,208,743 $13,823,743 $10,747,129 TOTAL FEDERAL FUNDS $235,282 $235,282 $2,591,770 Federal Funds Not Itemized $235,282 $235,282 $2,258,437 Prevention & Treatment of Substance Abuse Block Grant $333,333 CFDA93.959 TOTAL AGENCY FUNDS $633,460 Sales and Services $633,460 TOTAL PUBLIC FUNDS $16,444,025 $14,059,025 $13,972,359 Georgia Office of Dispute Resolution Continuation Budget The purpose is to oversee the development of court-connected alternative dispute resolution programs in Georgia. TOTAL STATE FUNDS $362,494 $362,494 $362,494 State General Funds $362,494 $362,494 $362,494 TOTAL PUBLIC FUNDS $362,494 $362,494 $362,494 Changes in Operations / Administration 16.1 Annualize the cost of the FY2006 salary adjustment. State General Funds $2,889 $2,889 $2,889 16.4 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES) State General Funds $0 $0 16.5 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.(H and S:YES) State General Funds $0 $0 16.6 Increase funds to reflect an adjustment in Workers' Compensation premiums.(H and S:YES) State General Funds $0 $0 Changes in How the Program is Funded 16.7 Add funds to properly reflect operating budget represented in HB1026. Sales and Services Not Itemized $189,640 Changes in the Size of the Program 16.2 Provide for an additional project administrator position. State General Funds $50,000 $50,000 $0 16.3 Provide funds to train 600 Domestic Relations Mediators in the new Child Support Guidelines. 3906 JOURNAL OF THE HOUSE State General Funds $7,684 $7,684 $0 16. Georgia Office of Dispute Resolution Appropriation (HB1027) The purpose of this appropriation is to oversee the development of court-connected alternative dispute resolution programs in Georgia. TOTAL STATE FUNDS $423,067 $423,067 $365,383 State General Funds $423,067 $423,067 $365,383 TOTAL AGENCY FUNDS $189,640 Sales and Services $189,640 Sales and Services Not Itemized $189,640 TOTAL PUBLIC FUNDS $423,067 $423,067 $555,023 Institute of Continuing Judicial Education Continuation Budget 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 STATE FUNDS $1,126,382 $1,126,382 $1,126,382 State General Funds $1,126,382 $1,126,382 $1,126,382 TOTAL PUBLIC FUNDS $1,126,382 $1,126,382 $1,126,382 Changes in How the Program is Funded 17.7 Add funds to properly reflect operating budget represented in HB1026. Sales and Services Not Itemized $214,326 Changes in the Size of the Program 17.1 Increase funds to contract for the design and delivery of a certificate program for Georgia Court Administrators. State General Funds $40,000 $40,000 $0 17.2 Provide funding to underwrite the cost of the personal security summit, a course which provides training on the steps that judges and court personnel should take in order to enhance their own security. State General Funds $10,000 $10,000 $0 17.3 Provide funds to recover the 15% reduction in funding between FY2003 and FY2004. These funds will restore routine constituent services reduced to absorb the reduction. State General Funds $50,000 $50,000 $0 17.4 Provide additional funding to cover the expense of taking part in Continuing Judicial Education (CJE) for 40 new judgeships, superior court and state court positions created since 1996. State General Funds $60,000 $60,000 $0 THURSDAY, MARCH 23, 2006 3907 17.5 Transfer the Court Business Process Section Training ($170,138), the Macon Training Facility ($95,081), the Georgia Council of Court Administrators ($4,884) and the Georgia Law School Consortium ($180,939) from the Administrative Office of the Courts. State General Funds $451,042 17.6 Reduce funds for the Georgia Law School Consortium. State General Funds ($49,350) 17. Institute of Continuing Judicial Education Appropriation (HB1027) The purpose of this appropriation is to provide basic training and continuing education to elected officials, court support personnel and volunteer agents of the State's judicial branch. TOTAL STATE FUNDS $1,286,382 $1,286,382 $1,528,074 State General Funds $1,286,382 $1,286,382 $1,528,074 TOTAL AGENCY FUNDS $214,326 Sales and Services $214,326 Sales and Services Not Itemized $214,326 TOTAL PUBLIC FUNDS $1,286,382 $1,286,382 $1,742,400 Judicial Council Continuation Budget 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 STATE FUNDS $10,629,370 $10,629,370 $10,629,370 State General Funds $10,629,370 $10,629,370 $10,629,370 TOTAL PUBLIC FUNDS $10,629,370 $10,629,370 $10,629,370 Changes in Operations / Administration 18.1 Annualize the cost of the FY2006 salary adjustment. State General Funds $58,828 $58,828 $37,400 Changes in the Size of the Program 18.2 Provide $28,032 for increases in fuel costs to offset a portion of the increase in travel (mileage) costs and to fund increases in printing charges. State General Funds $111,087 $111,087 $0 18.3 Provide funds to expand the number and amount of grants given to non-profits providing legal services to victims in domestic violence cases. State General Funds $83,803 $83,803 $0 3908 JOURNAL OF THE HOUSE 18.4 Increase funds for the Administrative Office of the Courts Technology Administration technology contracts for an off-site location to back up all computer data. State General Funds $40,000 $40,000 $0 18.5 Reduce operations. State General Funds ($1,000,000) $0 18.6 Transfer funds to the Administrative Office of the Courts. State General Funds ($10,666,770) 18. Judicial Council Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $10,923,088 $9,923,088 State General Funds $10,923,088 $9,923,088 TOTAL PUBLIC FUNDS $10,923,088 $9,923,088 Judicial Qualifications Commission Continuation Budget The purpose is to discipline, remove, and cause involuntary retirement of judges. TOTAL STATE FUNDS $258,046 $258,046 $258,046 State General Funds $258,046 $258,046 $258,046 TOTAL PUBLIC FUNDS $258,046 $258,046 $258,046 Changes in Operations / Administration 19.1 Annualize the cost of the FY2006 salary adjustment. State General Funds $1,528 $1,528 $1,528 19.3 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES) State General Funds $0 $0 19.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.(H and S:YES) State General Funds $0 $0 19.5 Increase funds to reflect an adjustment in Workers' Compensation premiums.(H and S:YES) State General Funds $0 $0 Changes in the Size of the Program 19.2 Provide funds to restructure the office and provide more efficient labor.(S:Use temporary position) State General Funds $10,426 $10,426 $0 THURSDAY, MARCH 23, 2006 3909 19. Judicial Qualifications Commission Appropriation (HB1027) The purpose of this appropriation is to discipline, remove, and cause involuntary retirement of judges. TOTAL STATE FUNDS $270,000 $270,000 $259,574 State General Funds $270,000 $270,000 $259,574 TOTAL PUBLIC FUNDS $270,000 $270,000 $259,574 Resource Center Continuation Budget The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings. TOTAL STATE FUNDS $800,000 $800,000 $800,000 State General Funds $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $800,000 $800,000 $800,000 Changes in the Size of the Program 20.1 Provide additional contract funding for additional attorneys to handle the increased number of cases projected to enter state habeas corpus proceedings. State General Funds $385,000 $0 $0 20. Resource Center Appropriation (HB1027) The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings. TOTAL STATE FUNDS $1,185,000 $800,000 $800,000 State General Funds $1,185,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $1,185,000 $800,000 $800,000 Statewide Felony and Juvenile Drug Courts Continuation Budget 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 STATE FUNDS $1,000,000 $1,000,000 $1,000,000 State General Funds $1,000,000 $1,000,000 $1,000,000 TOTAL PUBLIC FUNDS $1,000,000 $1,000,000 $1,000,000 Changes in the Size of the Program 30.1 Transfer Statewide Felony and Juvenile Drug Courts from the Superior Courts.(H:YES)(S:YES) State General Funds $0 30.2 Provide funds for the Judicial Council Standing Committee on Drug Courts for start up and mature courts in the state, training for personnel and to collect data on drug courts statewide. 3910 JOURNAL OF THE HOUSE State General Funds $1,000,000 $0 $0 30. Statewide Felony and Juvenile Drug Courts Appropriation (HB1027) 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 STATE FUNDS $2,000,000 $1,000,000 $1,000,000 State General Funds $2,000,000 $1,000,000 $1,000,000 TOTAL PUBLIC FUNDS $2,000,000 $1,000,000 $1,000,000 Administrative Office of the Courts Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Changes to the Purpose or the Purpose Measure 419.9 SAC: The purpose of this appropriation is to (1) Consult with and assist judges, administrators, clerks of court, and other officers and employees of the court pertaining to matters relating to court administration and provide such services as are requested;(2) Examine the administrative and business methods and systems employed in the offices related to and serving the courts and make recommendations for necessary improvement;(3) Compile statistical and financial data and other information on the judicial work of the courts and on the work of other offices related to and serving the courts, which data and information shall be provided by the courts;(4) Analyze data relating to civil cases collected pursuant to subsection (b) of Code Section 9-11-3 and subsection (b) of Code Section 9-11-58 and provide such data, analysis, or both data and analysis to the courts and agencies of the judicial branch, agencies of the executive branch, and the General Assembly;(5) Examine the state of the dockets and practices and procedures of the courts and make recommendations for the expedition of litigation;(6) Act as fiscal officer and prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system;(7) Formulate and submit recommendations for the improvement of the judicial system;(8) Perform such additional duties as may be assigned by the Judicial Council; and (9) Prepare and publish an annual report on the work of the courts and on the activities of the Administrative Office of the Courts State General Funds $0 Changes in Operations / Administration 419.1 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES) State General Funds $0 $0 THURSDAY, MARCH 23, 2006 3911 419.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.(H and S:YES) State General Funds $0 $0 419.3 Increase funds to reflect an adjustment in Workers' Compensation premiums.(H and S:YES) State General Funds $0 $0 Changes in the Size of the Program 419.4 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $2,023,155 Prevention & Treatment of Substance Abuse Block Grant $333,333 CFDA93.959 Sales and Services Not Itemized $229,494 TOTAL PUBLIC FUNDS $2,585,982 419.5 Transfer Victims of Domestic Violence to Criminal Justice Coordinating Council. State General Funds ($2,095,081) 419.6 Transfer funds and activities to the Institute of Continuing Judicial Education ($451,042), the Council of Magistrate Court Judges ($60,416), the Council of Probate Court Judges ($60,138), the Council of State Court Judges ($270,652), the Council of Municipal Court Judges ($19,534), Children, Family and the Courts ($203,500), and Statewide Technology Programs ($2,666,192). State General Funds ($3,731,474) 419.7 Transfer funds and activities from the Judicial Council. State General Funds $10,666,770 419.8 Reduce operating funds and agency to charge fees where applicable. State General Funds ($1,300,000) 419. Administrative Office of the Courts Appropriation (HB1027) The purpose of this appropriation is to (1) Consult with and assist judges, administrators, clerks of court, and other officers and employees of the court pertaining to matters relating to court administration and provide such services as are requested;(2) Examine the administrative and business methods and systems employed in the offices related to and serving the courts and make recommendations for necessary improvement;(3) Compile statistical and financial data and other information on the judicial work of the courts and on the work of other offices related to and serving the courts, which data and information shall be provided by the courts;(4) Analyze data relating to civil cases collected pursuant to subsection (b) of Code Section 9-11-3 and subsection (b) of Code Section 9-11-58 and provide such data, analysis, or both data and 3912 JOURNAL OF THE HOUSE analysis to the courts and agencies of the judicial branch, agencies of the executive branch, and the General Assembly;(5) Examine the state of the dockets and practices and procedures of the courts and make recommendations for the expedition of litigation;(6) Act as fiscal officer and prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system;(7) Formulate and submit recommendations for the improvement of the judicial system;(8) Perform such additional duties as may be assigned by the Judicial Council; and (9) Prepare and publish an annual report on the work of the courts and on the activities of the Administrative Office of the Courts. TOTAL STATE FUNDS $3,540,215 State General Funds $3,540,215 TOTAL FEDERAL FUNDS $2,356,488 Federal Funds Not Itemized $2,023,155 Prevention & Treatment of Substance Abuse Block Grant $333,333 CFDA93.959 TOTAL AGENCY FUNDS $229,494 Sales and Services $229,494 Sales and Services Not Itemized $229,494 TOTAL PUBLIC FUNDS $6,126,197 Children and Family Court Services Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Changes to the Purpose or the Purpose Measure 420.3 SAC: The purpose of this appropriation is to improve the process of civil child abuse and neglect cases as they move through Georgia's superior and juvenile courts. State General Funds $0 Changes in Operations / Administration 420.4 Annualize the cost of the FY2006 salary adjustment. State General Funds $1,506 Changes in the Size of the Program 420.1 Provide matching funds for a new federal grant applied for to expand the Child Support Judicial Liaison program. State General Funds $121,206 $121,206 $121,206 Federal Funds Not Itemized $235,282 $235,282 $235,282 TOTAL PUBLIC FUNDS $356,488 $356,488 $356,488 THURSDAY, MARCH 23, 2006 3913 420.2 Transfer funds and activities from the Administrative Office of the Courts. State General Funds $203,500 420. Children and Family Court Services Appropriation (HB1027) The purpose of this appropriation is to improve the process of civil child abuse and neglect cases as they move through Georgia's superior and juvenile courts. TOTAL STATE FUNDS $121,206 $121,206 $326,212 State General Funds $121,206 $121,206 $326,212 TOTAL FEDERAL FUNDS $235,282 $235,282 $235,282 Federal Funds Not Itemized $235,282 $235,282 $235,282 TOTAL PUBLIC FUNDS $356,488 $356,488 $561,494 Council of Magistrate Court Judges Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Changes to the Purpose or the Purpose Measure 421.1 SAC: The purpose of this appropriation is to further improve the magistrate courts and the administration of justice. State General Funds $0 Changes in the Size of the Program 421.2 Transfer funds and activities from the Administrative Office of the Courts. State General Funds $60,416 421.3 Provide funds for an Executive Director and operating expenses. State General Funds $103,769 421.4 Provide $20,000 for Westlaw to all Magistrate Courts statewide. State General Funds $0 421. Council of Magistrate Court Judges Appropriation (HB1027) The purpose of this appropriation is to further improve the magistrate courts and the administration of justice. TOTAL STATE FUNDS $164,185 State General Funds $164,185 TOTAL PUBLIC FUNDS $164,185 Council of Municipal Court Judges Continuation Budget TOTAL STATE FUNDS $0 $0 $0 3914 JOURNAL OF THE HOUSE State General Funds $0 $0 $0 Changes to the Purpose or the Purpose Measure 422.1 SAC: The purpose of the council is to carry out statutory duties, further the improvement of the municipal courts and the administration of justice, assist the judges of the municipal courts in the execution of their duties and promote and assist in the training of such judges. State General Funds $0 Changes in the Size of the Program 422.2 Transfer funds and activities from the Administrative Office of the Courts. State General Funds $19,534 422. Council of Municipal Court Judges Appropriation (HB1027) The purpose of the council is to carry out statutory duties, further the improvement of the municipal courts and the administration of justice, assist the judges of the municipal courts in the execution of their duties and promote and assist in the training of such judges. TOTAL STATE FUNDS $19,534 State General Funds $19,534 TOTAL PUBLIC FUNDS $19,534 Council of Probate Court Judges Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Changes to the Purpose or the Purpose Measure 423.1 SAC: The purpose of this appropriation is to further improve the probate courts and the administration of justice. State General Funds $0 Changes in the Size of the Program 423.2 Transfer funds and activities from the Administrative Office of the Courts. State General Funds $60,138 423.3 Provide $20,000 for Westlaw to all Probate Courts statewide. State General Funds $0 423. Council of Probate Court Judges Appropriation (HB1027) The purpose of this appropriation is to further improve the probate courts and the administration of justice. TOTAL STATE FUNDS $60,138 State General Funds $60,138 THURSDAY, MARCH 23, 2006 3915 TOTAL PUBLIC FUNDS $60,138 Council of State Court Judges Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Changes to the Purpose or the Purpose Measure 424.1 SAC: The purpose of this appropriation is to improve the quality of justice in the communities served by the State Courts of Georgia and to administer DUI Courts and the Mock Trial Assistance Program. State General Funds $0 Changes in Operations / Administration 424.2 Annualize the cost of the FY2006 salary adjustment. State General Funds $1,682 Changes in the Size of the Program 424.3 Transfer funds and activities from the Administrative Office of the Courts. State General Funds $270,652 424.4 Provide $30,000 for the Mock Trial Program and the DUI court implementation program. State General Funds $0 424. Council of State Court Judges Appropriation (HB1027) The purpose of this appropriation is to improve the quality of justice in the communities served by the State Courts of Georgia and to administer DUI Courts and the Mock Trial Assistance Program. TOTAL STATE FUNDS $272,334 State General Funds $272,334 TOTAL PUBLIC FUNDS $272,334 Statewide Technology Programs Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Changes to the Purpose or the Purpose Measure 425.1 SAC: The purpose of this appropriation is to provide information technology to the individual courts and the judicial system. State General Funds $0 Changes in Operations / Administration 425.3 Annualize the cost of the FY2006 salary adjustment. 3916 JOURNAL OF THE HOUSE State General Funds $16,675 Changes in the Size of the Program 425.2 Transfer Technology Services ($1,770,657), Statewide Technology ($569,148) and the Georgia Courts Automation Section ($326,387) from the Administrative Office of the Courts. State General Funds $2,666,192 425.4 Reduce operating funds and one-time funds for the Bearing Point Contract from the Georgia Courts Automation Commission. State General Funds ($271,387) 425. Statewide Technology Programs Appropriation (HB1027) The purpose of this appropriation is to provide information technology to the individual courts and the judicial system. TOTAL STATE FUNDS $2,411,480 State General Funds $2,411,480 TOTAL PUBLIC FUNDS $2,411,480 Section 7: Juvenile Courts Section Total - Continuation TOTAL STATE FUNDS $6,233,940 $6,233,940 $6,233,940 State General Funds $6,233,940 $6,233,940 $6,233,940 TOTAL PUBLIC FUNDS $6,233,940 $6,233,940 $6,233,940 Section Total - Final TOTAL STATE FUNDS $6,449,545 $6,470,795 $6,449,545 State General Funds $6,449,545 $6,470,795 $6,449,545 TOTAL FEDERAL FUNDS $1,102,706 Federal Funds Not Itemized $1,102,706 TOTAL PUBLIC FUNDS $6,449,545 $6,470,795 $7,552,251 Council of Juvenile Court Judges Continuation Budget 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 STATE FUNDS $1,519,101 $1,519,101 $1,519,101 State General Funds $1,519,101 $1,519,101 $1,519,101 TOTAL PUBLIC FUNDS $1,519,101 $1,519,101 $1,519,101 THURSDAY, MARCH 23, 2006 3917 Changes in Operations / Administration 21.1 Provide for base adjustments and annualizers - salary annualizers ($40,216), computer maintenance ($1,000), travel ($30,000), GBA rent increase ($3,000), and match for federal funding ($13,000). State General Funds $113,882 $61,216 $61,216 21.2 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES) State General Funds $0 $0 21.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.(H and S:YES) State General Funds $0 $0 21.4 Increase funds to reflect an adjustment in Workers' Compensation premiums.(H and S:YES) State General Funds $0 $0 21.5 Transfer funds to Grants to Counties to correct base budget. State General Funds ($41,603) ($41,603) Changes in How the Program is Funded 21.6 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $1,102,706 21. Council of Juvenile Court Judges Appropriation (HB1027) 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 STATE FUNDS $1,632,983 $1,538,714 $1,538,714 State General Funds $1,632,983 $1,538,714 $1,538,714 TOTAL FEDERAL FUNDS $1,102,706 Federal Funds Not Itemized $1,102,706 TOTAL PUBLIC FUNDS $1,632,983 $1,538,714 $2,641,420 Grants to Counties for Juvenile Court Judges Continuation Budget This program mandates payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $4,714,839 $4,714,839 $4,714,839 State General Funds $4,714,839 $4,714,839 $4,714,839 TOTAL PUBLIC FUNDS $4,714,839 $4,714,839 $4,714,839 3918 JOURNAL OF THE HOUSE Changes in Operations / Administration 22.1 Provide for base adjustments and annualizers - annualize costs associated with an increase in judge days from two days to three days per week for Toombs County ($10,430) and costs associated with implementation of HB334 ($95,337). State General Funds $53,101 $105,767 $105,767 22.4 Transfer funds from the Council of Juvenile Court Judges to correct base budget. State General Funds $41,603 $41,603 Changes in the Size of the Program 22.2 Provide funds to implement HB334 for part-time judges compensation. State General Funds $48,622 $48,622 $48,622 22.3 Provide funding for four new judgeships and requirements in Houston, Blue Ridge, Coweta, and Paulding Circuits.(S:Fund in FY2007A) State General Funds $21,250 $0 22. Grants to Counties for Juvenile Court Judges Appropriation (HB1027) This program mandates payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $4,816,562 $4,932,081 $4,910,831 State General Funds $4,816,562 $4,932,081 $4,910,831 TOTAL PUBLIC FUNDS $4,816,562 $4,932,081 $4,910,831 Section 8: Prosecuting Attorneys TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS $43,925,448 $43,925,448 $1,767,046 $1,767,046 $45,692,494 $53,771,825 $53,771,825 $1,767,046 Section Total - Continuation $43,925,448 $43,925,448 $43,925,448 $43,925,448 $1,767,046 $1,767,046 $1,767,046 $1,767,046 $45,692,494 $45,692,494 Section Total - Final $52,218,154 $51,330,092 $52,218,154 $51,330,092 $2,151,046 $2,151,046 $1,767,046 $4,004,800 THURSDAY, MARCH 23, 2006 3919 Intergovernmental Transfers $4,004,800 Sales and Services $1,767,046 $1,767,046 TOTAL PUBLIC FUNDS $55,538,871 $53,985,200 $57,485,938 District Attorneys Continuation Budget 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 STATE FUNDS $39,495,618 $39,495,618 $39,495,618 State General Funds $39,495,618 $39,495,618 $39,495,618 TOTAL AGENCY FUNDS $1,767,046 $1,767,046 $1,767,046 Sales and Services $1,767,046 $1,767,046 $1,767,046 Sales and Services Not Itemized $1,767,046 $1,767,046 $1,767,046 TOTAL PUBLIC FUNDS $41,262,664 $41,262,664 $41,262,664 Changes in Operations / Administration 23.1 Annualize the cost of the FY2006 salary adjustment. State General Funds $421,046 $421,046 $421,046 23.2 Annualize the cost of five additional Assistant District Attorneys. State General Funds $388,290 $388,290 $194,145 23.3 Annualize the cost of seven additional Victim Advocate positions. State General Funds $296,262 $296,262 $148,131 23.4 Provide for base adjustments and annualizers for the Superior Court District Attorneys.(S:Restore funding to HB85 level) State General Funds $5,373,652 $4,429,830 $4,429,830 23.7 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES) State General Funds $0 $0 23.8 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.(H and S:YES) State General Funds $0 $0 23.9 Increase funds to reflect an adjustment in Workers' Compensation premiums.(H and S:YES) State General Funds $0 $0 Changes in How the Program is Funded 23.10 Add funds to properly reflect operating budget represented in HB1026. 3920 JOURNAL OF THE HOUSE Intergovernmental Transfers Not Itemized $4,004,800 23.11 Change base budget in agency funds to correct fund source type. Federal Funds Not Itemized $1,767,046 Sales and Services Not Itemized ($1,767,046) TOTAL PUBLIC FUNDS $0 Changes in the Size of the Program 23.5 Provide funding for ten additional Victim Advocate positions.(S:Fund an additional Victim Advocate for Douglas Judicial Circuit) State General Funds $439,552 $300,000 $512,810 23.6 Provide funding for four new judgeships and requirements in Houston, Blue Ridge, Coweta, and Paulding Circuits.(S:Fund in FY2007A) State General Funds $209,790 $0 23. District Attorneys Appropriation (HB1027) 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 STATE FUNDS $46,414,420 $45,540,836 $45,201,580 State General Funds $46,414,420 $45,540,836 $45,201,580 TOTAL FEDERAL FUNDS $1,767,046 Federal Funds Not Itemized $1,767,046 TOTAL AGENCY FUNDS $1,767,046 $1,767,046 $4,004,800 Intergovernmental Transfers $4,004,800 Intergovernmental Transfers Not Itemized $4,004,800 Sales and Services $1,767,046 $1,767,046 Sales and Services Not Itemized $1,767,046 $1,767,046 TOTAL PUBLIC FUNDS $48,181,466 $47,307,882 $50,973,426 Prosecuting Attorney's Council Continuation Budget This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $4,429,830 $4,429,830 $4,429,830 State General Funds $4,429,830 $4,429,830 $4,429,830 TOTAL PUBLIC FUNDS $4,429,830 $4,429,830 $4,429,830 THURSDAY, MARCH 23, 2006 3921 Changes in Operations / Administration 24.1 Annualize the cost of the FY2006 salary adjustment. State General Funds $37,257 $37,257 $37,257 24.2 Annualize three additional positions in the Capital Litigation division. State General Funds $311,968 $311,968 $137,984 24.3 Transfer funds from the Superior Court Judges to properly reflect where the positions in the DOAS contract are utilized.(S:Council of Superior Court Judges are to share fiscal staff resources with Prosecuting Attorney's Council) State General Funds $106,385 $106,385 $45,957 24.4 Provide for base adjustments and annualizer.(S:Restore base budget to HB85 level ($1,305,427) and provide funds for rental increases ($8,897)) State General Funds $1,663,805 $983,718 $1,044,324 24.9 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES) State General Funds $0 $0 24.10 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.(H and S:YES) State General Funds $0 $0 24.11 Increase funds to reflect an adjustment in Workers' Compensation premiums.(H and S:YES) State General Funds $0 $0 One-Time Expense 24.5 Provide funds to initiate a judicial circuit integrated communication project which would connect the District Attorney, Public Defender, Court Clerk, Sheriff and Superior Court Judge allowing them to share common information. State General Funds $500,000 $500,000 $350,000 24.6 Provide funds to purchase current editions of "Daniel's Georgia Criminal Trial Practice" and "Georgia Rules of Evidence" for all District Attorney offices. State General Funds $215,000 $215,000 $0 24.7 Provide funds to send District Attorneys to the Governor's Leadership Institute. State General Funds $10,000 $10,000 $0 Changes in How the Program is Funded 24.12 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $384,000 TOTAL PUBLIC FUNDS $384,000 3922 JOURNAL OF THE HOUSE Changes in the Size of the Program 24.8 Provide funds for intern positions. State General Funds $83,160 $83,160 $83,160 24. Prosecuting Attorney's Council Appropriation (HB1027) This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $7,357,405 $6,677,318 $6,128,512 State General Funds $7,357,405 $6,677,318 $6,128,512 TOTAL FEDERAL FUNDS $384,000 Federal Funds Not Itemized $384,000 TOTAL PUBLIC FUNDS $7,357,405 $6,677,318 $6,512,512 Section 9: Public Defender Standards Council, Georgia Section Total - Continuation TOTAL STATE FUNDS $42,079,060 $42,079,060 $42,079,060 State General Funds $42,079,060 $42,079,060 $42,079,060 TOTAL AGENCY FUNDS $1,972,832 $1,972,832 $1,972,832 Interest and Investment Income $1,972,832 $1,972,832 $1,972,832 TOTAL PUBLIC FUNDS $44,051,892 $44,051,892 $44,051,892 Section Total - Final TOTAL STATE FUNDS $27,832,122 $27,832,122 $27,832,122 State General Funds $27,832,122 $27,832,122 $27,832,122 TOTAL AGENCY FUNDS $1,972,832 $1,972,832 $3,359,775 Interest and Investment Income $1,972,832 $1,972,832 $3,359,775 TOTAL PUBLIC FUNDS $29,804,954 $29,804,954 $31,191,897 Public Defender Standards Council Continuation Budget The Standards Council provides administrative, fiscal, appellate, and technology support to public defender offices including all training. The Standards Council also represents 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 STATE FUNDS $10,607,210 $10,607,210 $10,607,210 State General Funds $10,607,210 $10,607,210 $10,607,210 TOTAL AGENCY FUNDS $559,797 $559,797 $559,797 THURSDAY, MARCH 23, 2006 3923 Interest and Investment Income $559,797 $559,797 $559,797 Interest and Investment Income Not Itemized $559,797 $559,797 $559,797 TOTAL PUBLIC FUNDS $11,167,007 $11,167,007 $11,167,007 Changes in Operations / Administration 25.1 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES) State General Funds $0 $0 25.2 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.(H and S:YES) State General Funds $0 $0 25.3 Increase funds to reflect an adjustment in Workers' Compensation premiums.(H and S:YES) State General Funds $0 $0 Changes in How the Program is Funded 25.4 Add funds to properly reflect operating budget represented in HB1026. Interest and Investment Income Not Itemized $329,989 25. Public Defender Standards Council Appropriation (HB1027) The Standards Council provides administrative, fiscal, appellate, and technology support to public defender offices including all training. The Standards Council also represents 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 STATE FUNDS $10,607,210 $10,607,210 $10,607,210 State General Funds $10,607,210 $10,607,210 $10,607,210 TOTAL AGENCY FUNDS $559,797 $559,797 $889,786 Interest and Investment Income $559,797 $559,797 $889,786 Interest and Investment Income Not Itemized $559,797 $559,797 $889,786 TOTAL PUBLIC FUNDS $11,167,007 $11,167,007 $11,496,996 Public Defenders Continuation Budget 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 STATE FUNDS $31,471,850 $31,471,850 $31,471,850 State General Funds $31,471,850 $31,471,850 $31,471,850 TOTAL AGENCY FUNDS $1,413,035 $1,413,035 $1,413,035 Interest and Investment Income $1,413,035 $1,413,035 $1,413,035 3924 JOURNAL OF THE HOUSE Interest and Investment Income Not Itemized $1,413,035 $1,413,035 $1,413,035 TOTAL PUBLIC FUNDS $32,884,885 $32,884,885 $32,884,885 Changes in Operations / Administration 26.1 Redirect $2,276,693 from Public Defender circuit offices to Conflict Case Management offices.(G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 26.3 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES) State General Funds $0 $0 26.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.713%.(H and S:YES) State General Funds $0 $0 26.5 Increase funds to reflect an adjustment in Workers' Compensation premiums.(H and S:YES) State General Funds $0 $0 Changes in How the Program is Funded 26.6 Add funds to properly reflect operating budget represented in HB1026. Interest and Investment Income Not Itemized $1,056,954 Changes in the Size of the Program 26.2 Provide for a general reduction in operating expenses. State General Funds ($14,246,938) ($14,246,938) ($14,246,938) 26. Public Defenders Appropriation (HB1027) The purpose of this appropriation is to assure that adequate and effective legal representation is provided, independently of political considerations or private interests, to indigent persons who are entitled to representation under this chapter. TOTAL STATE FUNDS $17,224,912 $17,224,912 $17,224,912 State General Funds $17,224,912 $17,224,912 $17,224,912 TOTAL AGENCY FUNDS $1,413,035 $1,413,035 $2,469,989 Interest and Investment Income $1,413,035 $1,413,035 $2,469,989 Interest and Investment Income Not Itemized $1,413,035 $1,413,035 $2,469,989 TOTAL PUBLIC FUNDS $18,637,947 $18,637,947 $19,694,901 THURSDAY, MARCH 23, 2006 3925 Section 10: Superior Courts Section Total - Continuation TOTAL STATE FUNDS $50,488,656 $50,488,656 $50,488,656 State General Funds $50,488,656 $50,488,656 $50,488,656 TOTAL PUBLIC FUNDS $50,488,656 $50,488,656 $50,488,656 Section Total - Final TOTAL STATE FUNDS $54,652,022 $54,043,008 $52,738,093 State General Funds $54,652,022 $54,043,008 $52,738,093 TOTAL PUBLIC FUNDS $54,652,022 $54,043,008 $52,738,093 Council of Superior Court Clerks Continuation Budget 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 STATE FUNDS $144,925 $144,925 $144,925 State General Funds $144,925 $144,925 $144,925 TOTAL PUBLIC FUNDS $144,925 $144,925 $144,925 Changes in Operations / Administration 27.1 Provide base adjustments and annualizers - matching funds for the Georgia Department of Archives' Disaster Recovery Grant ($15,958), training ($22,500), data integration pilot implementation ($50,000), and an increase in administrative costs due to the above mentioned projects ($9,617). State General Funds $98,075 $98,075 $98,075 27. Council of Superior Court Clerks Appropriation (HB1027) 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 STATE FUNDS $243,000 $243,000 $243,000 State General Funds $243,000 $243,000 $243,000 TOTAL PUBLIC FUNDS $243,000 $243,000 $243,000 Council of Superior Court Judges Continuation Budget 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 STATE FUNDS $800,000 $800,000 $800,000 State General Funds $800,000 $800,000 $800,000 3926 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $800,000 $800,000 $800,000 Changes in Operations / Administration 28.1 Provide base adjustments and annualizers - salary annualizers ($16,289), restore funds removed from Fiscal Affairs transfer ($82,809), rent increases ($10,241), and equipment ($16,000). State General Funds $125,339 $125,339 $125,339 28.3 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES) State General Funds $0 $0 28.4 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.(H and S:YES) State General Funds $0 $0 28.5 Increase funds to reflect an adjustment in the Workers' Compensation premiums.(H and S:YES) State General Funds $0 $0 Changes in the Size of the Program 28.2 Provide funds to add an administrative assistant position to assist with workload. State General Funds $46,291 $46,291 $0 28. Council of Superior Court Judges Appropriation (HB1027) 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 STATE FUNDS $971,630 $971,630 $925,339 State General Funds $971,630 $971,630 $925,339 TOTAL PUBLIC FUNDS $971,630 $971,630 $925,339 Judicial Administrative Districts Continuation Budget 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 liaison between local and state courts. TOTAL STATE FUNDS $2,253,718 $2,253,718 $2,253,718 State General Funds $2,253,718 $2,253,718 $2,253,718 TOTAL PUBLIC FUNDS $2,253,718 $2,253,718 $2,253,718 Changes in Operations / Administration 29.1 Provide base adjustments and annualizers. State General Funds ($68,997) ($68,997) ($68,997) THURSDAY, MARCH 23, 2006 3927 29. Judicial Administrative Districts Appropriation (HB1027) The purpose of this appropriation is to provide regional administrative support to the judges of the superior court. This support includes managing budgets, policy, procedure, and providing a liaison between local and state courts. TOTAL STATE FUNDS $2,184,721 $2,184,721 $2,184,721 State General Funds $2,184,721 $2,184,721 $2,184,721 TOTAL PUBLIC FUNDS $2,184,721 $2,184,721 $2,184,721 Superior Court Judges Continuation Budget 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 STATE FUNDS $47,290,013 $47,290,013 $47,290,013 State General Funds $47,290,013 $47,290,013 $47,290,013 TOTAL PUBLIC FUNDS $47,290,013 $47,290,013 $47,290,013 Changes in Operations / Administration 31.1 Provide base adjustments and annualizers - salary annualizers ($1,111,158), revised pay plan for judicial secretaries ($1,867,638), restore funds removed by Fiscal Affairs transfer ($664,812), provide for increase in operating expenses ($169,050), and provide for increases in travel and mileage costs ($150,000).(S:Delay secretary pay plan) State General Funds $3,962,658 $2,162,658 $2,095,020 31.2 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES) State General Funds $0 $0 31.3 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.(H and S:YES) State General Funds $0 $0 31.4 Increase funds to reflect an adjustment in the Workers' Compensation premiums.(H and S:YES) State General Funds $0 $0 31.5 Provide for secretaries pay raise effective April 1, 2007. State General Funds $466,911 $0 Changes in the Size of the Program 31.6 Provide funding for four new judgeships and requirements in Houston, Blue Ridge, Coweta and Paulding circuits.(S:Fund in FY2007A) State General Funds $724,075 $0 31.7 Transfer Statewide Felony and Juvenile Drug Courts to the Judicial Council.(H:YES)(S:YES) 3928 JOURNAL OF THE HOUSE State General Funds $0 31. Superior Court Judges Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $51,252,671 $50,643,657 $49,385,033 State General Funds $51,252,671 $50,643,657 $49,385,033 TOTAL PUBLIC FUNDS $51,252,671 $50,643,657 $49,385,033 Section 11: Supreme Court Section Total - Continuation TOTAL STATE FUNDS $7,647,980 $7,647,980 $7,647,980 State General Funds $7,647,980 $7,647,980 $7,647,980 TOTAL PUBLIC FUNDS $7,647,980 $7,647,980 $7,647,980 Section Total - Final TOTAL STATE FUNDS $7,969,323 $7,969,323 $7,921,323 State General Funds $7,969,323 $7,969,323 $7,921,323 TOTAL PUBLIC FUNDS $7,969,323 $7,969,323 $7,921,323 Supreme Court of Georgia Continuation Budget 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 STATE FUNDS $7,647,980 $7,647,980 $7,647,980 State General Funds $7,647,980 $7,647,980 $7,647,980 TOTAL PUBLIC FUNDS $7,647,980 $7,647,980 $7,647,980 Changes in Operations / Administration 32.1 Provide for base adjustments and annualizers - salary annualizers ($60,580), funding for the Collaborative Multi- State Case Management System ($250,000), and an increase in the annual assessment paid to the National Center for State Courts ($10,763). State General Funds $321,343 $321,343 $321,343 32.2 Provide for a salary increase of up to 4% effective January 1, 2007.(H and S:YES) State General Funds $0 $0 THURSDAY, MARCH 23, 2006 3929 32.3 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%.(H and S:YES) State General Funds $0 $0 32.4 Increase funds to reflect an adjustment in the Workers' Compensation premiums.(H and S:YES) State General Funds $0 $0 32.5 Reduce funds used for lobbyists. State General Funds ($48,000) 32. Supreme Court of Georgia Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $7,969,323 $7,969,323 $7,921,323 State General Funds $7,969,323 $7,969,323 $7,921,323 TOTAL PUBLIC FUNDS $7,969,323 $7,969,323 $7,921,323 Section 12: Accounting Office, State Section Total - Continuation TOTAL STATE FUNDS $1,723,889 $1,723,889 $1,723,889 State General Funds $1,723,889 $1,723,889 $1,723,889 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $8,855,794 $8,855,794 $8,855,794 TOTAL PUBLIC FUNDS $10,579,683 $10,579,683 $10,579,683 Section Total - Final TOTAL STATE FUNDS $6,802,841 $6,802,841 $6,802,841 State General Funds $6,802,841 $6,802,841 $6,802,841 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $8,973,456 $8,973,456 $8,973,456 TOTAL PUBLIC FUNDS $15,776,297 $15,776,297 $15,776,297 State Accounting Office Continuation Budget 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 STATE FUNDS $1,723,889 $1,723,889 $1,723,889 3930 JOURNAL OF THE HOUSE State General Funds $1,723,889 $1,723,889 $1,723,889 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $8,855,794 $8,855,794 $8,855,794 Accounting System Assessments $8,855,794 $8,855,794 $8,855,794 TOTAL PUBLIC FUNDS $10,579,683 $10,579,683 $10,579,683 Statewide Changes 33.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $146,339 $146,339 $146,339 Accounting System Assessments $117,662 $117,662 $117,662 TOTAL PUBLIC FUNDS $264,001 $264,001 $264,001 Changes in Operations / Administration 33.2 Fund a rate increase for the PeopleSoft maintenance contract. State General Funds $78,618 $78,618 $78,618 Changes in the Size of the Program 33.3 Fully fund five positions in statewide operations. State General Funds $355,018 $355,018 $355,018 33.4 Increase funds to implement a Consolidated Banking initiative to reduce fees and increase earnings. State General Funds $538,868 $538,868 $538,868 33.5 Increase funds to implement an Accounts Receivable initiative. State General Funds $300,000 $300,000 $300,000 33.6 Increase funds to create the Statewide Reporting tool. State General Funds $2,464,909 $2,464,909 $2,464,909 33.7 Increase funds to implement the PeopleSoft CAFR tool. State General Funds $1,195,200 $1,195,200 $1,195,200 33. State Accounting Office Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $6,802,841 $6,802,841 $6,802,841 State General Funds $6,802,841 $6,802,841 $6,802,841 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $8,973,456 $8,973,456 $8,973,456 Accounting System Assessments $8,973,456 $8,973,456 $8,973,456 TOTAL PUBLIC FUNDS $15,776,297 $15,776,297 $15,776,297 THURSDAY, MARCH 23, 2006 3931 Section 13: Administrative Services, Department of Section Total - Continuation TOTAL STATE FUNDS $24,762,477 $24,762,477 $24,762,477 State General Funds $24,762,477 $24,762,477 $24,762,477 TOTAL AGENCY FUNDS $9,923,958 $9,923,958 $9,923,958 Reserved Fund Balances $2,020,000 $2,020,000 $2,020,000 Interest and Investment Income $262,121 $262,121 $262,121 Rebates, Refunds, and Reimbursements $497,831 $497,831 $497,831 Royalties and Rents $210,151 $210,151 $210,151 Sales and Services $6,933,855 $6,933,855 $6,933,855 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $143,043,553 $143,043,553 $143,043,553 TOTAL PUBLIC FUNDS $177,729,988 $177,729,988 $177,729,988 Section Total - Final TOTAL STATE FUNDS $23,216,619 $20,716,619 $21,016,619 State General Funds $23,216,619 $20,716,619 $21,016,619 TOTAL AGENCY FUNDS $5,662,153 $5,662,153 $6,349,337 Reserved Fund Balances $379,184 Interest and Investment Income $262,121 $262,121 $262,121 Rebates, Refunds, and Reimbursements $537,805 $537,805 $537,805 Royalties and Rents $214,726 $214,726 $214,726 Sales and Services $4,647,501 $4,647,501 $4,955,501 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $143,445,679 $143,445,679 $144,107,968 TOTAL PUBLIC FUNDS $172,324,451 $169,824,451 $171,473,924 Bulk Paper Sales Continuation Budget The purpose is to reduce cost through aggregation of demand for paper in bulk quantities. TOTAL STATE FUNDS $0 $0 $0 TOTAL AGENCY FUNDS $2,353,715 $2,353,715 $2,353,715 Sales and Services $2,353,715 $2,353,715 $2,353,715 Sales and Services Not Itemized $2,353,715 $2,353,715 $2,353,715 TOTAL PUBLIC FUNDS $2,353,715 $2,353,715 $2,353,715 3932 JOURNAL OF THE HOUSE Changes in the Size of the Program 34.1 Eliminate the Bulk Paper Sales program. Sales and Services Not Itemized ($2,261,523) 34.2 Transfer one position and salary to Surplus Property program. Sales and Services Not Itemized ($92,192) Departmental Administration The purpose is to provide administrative support to all department programs. TOTAL STATE FUNDS $3,514,361 State General Funds $3,514,361 TOTAL AGENCY FUNDS $849,268 Interest and Investment Income $62,121 Interest and Investment Income Not Itemized $62,121 Royalties and Rents $59,151 Royalties and Rents Not Itemized $59,151 Sales and Services $727,996 Sales and Services Not Itemized $727,996 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,180,740 Agency to Agency Contracts $21,818 Mail and Courier Services $250,719 Motor Vehicle Rental Payments $203,686 Risk Management Assessments $704,517 TOTAL PUBLIC FUNDS $5,544,369 Statewide Changes 35.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $251,324 Risk Management Assessments $54,652 TOTAL PUBLIC FUNDS $305,976 Changes in the Size of the Program 35.2 Reduce funds. State General Funds ($70,479) 35.3 Reduce funds based on planned expenditures against reserves. ($2,261,523) ($2,261,523) ($92,192) ($92,192) Continuation Budget $3,514,361 $3,514,361 $849,268 $62,121 $62,121 $59,151 $59,151 $727,996 $727,996 $1,180,740 $21,818 $250,719 $203,686 $704,517 $5,544,369 $3,514,361 $3,514,361 $849,268 $62,121 $62,121 $59,151 $59,151 $727,996 $727,996 $1,180,740 $21,818 $250,719 $203,686 $704,517 $5,544,369 $251,324 $54,652 $305,976 $251,324 $54,652 $305,976 ($70,479) ($70,479) THURSDAY, MARCH 23, 2006 3933 State General Funds ($200,000) 35. Departmental Administration Appropriation (HB1027) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $3,695,206 $3,695,206 $3,495,206 State General Funds $3,695,206 $3,695,206 $3,495,206 TOTAL AGENCY FUNDS $849,268 $849,268 $849,268 Interest and Investment Income $62,121 $62,121 $62,121 Interest and Investment Income Not Itemized $62,121 $62,121 $62,121 Royalties and Rents $59,151 $59,151 $59,151 Royalties and Rents Not Itemized $59,151 $59,151 $59,151 Sales and Services $727,996 $727,996 $727,996 Sales and Services Not Itemized $727,996 $727,996 $727,996 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,235,392 $1,235,392 $1,235,392 Agency to Agency Contracts $21,818 $21,818 $21,818 Mail and Courier Services $250,719 $250,719 $250,719 Motor Vehicle Rental Payments $203,686 $203,686 $203,686 Risk Management Assessments $759,169 $759,169 $759,169 TOTAL PUBLIC FUNDS $5,779,866 $5,779,866 $5,579,866 Fiscal Services Continuation Budget 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $307,228 $307,228 $307,228 Agency to Agency Contracts $307,228 $307,228 $307,228 TOTAL PUBLIC FUNDS $307,228 $307,228 $307,228 Statewide Changes 36.1 GTA, GBA, WC, COLA, SHBP and Annualizer Agency to Agency Contracts $14,809 $14,809 $14,809 3934 JOURNAL OF THE HOUSE Changes to the Purpose or the Purpose Measure 36.2 SAC: The purpose of this appropriation is to provide administrative functions and services necessary for the fulfillment of the responsibilities of the Superior Courts. House: To provide administrative functions and services necessary for the fulfillment of the responsibilities of the Superior Courts. Agency to Agency Contracts $0 $0 36. Fiscal Services Appropriation (HB1027) The purpose of this appropriation is to provide administrative functions and services necessary for the fulfillment of the responsibilities of the Superior Courts. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $322,037 $322,037 $322,037 Agency to Agency Contracts $322,037 $322,037 $322,037 TOTAL PUBLIC FUNDS $322,037 $322,037 $322,037 Fleet Management Continuation Budget The purpose is to reduce cost through centralized, appropriate, and cost-effective management of the state's motor vehicle fleet. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,409,075 $2,409,075 $2,409,075 Motor Vehicle Rental Payments $2,409,075 $2,409,075 $2,409,075 TOTAL PUBLIC FUNDS $2,409,075 $2,409,075 $2,409,075 Statewide Changes 37.1 GTA, GBA, WC, COLA, SHBP and Annualizer Motor Vehicle Rental Payments $37,369 $37,369 $37,369 Changes to the Purpose or the Purpose Measure 37.2 SAC: The purpose of this appropriation is, in conjunction with OPB, to centralize state government motor vehicle fleet management functions to ensure efficient and cost effective fleet operations and to minimize the life-cycle costs associated with vehicle ownership. House: To provide administrative functions and services necessary for the fulfillment of the responsibilities of the Superior Courts. Motor Vehicle Rental Payments $0 $0 THURSDAY, MARCH 23, 2006 3935 Changes in the Size of the Program 37.3 Transfer one position and salary from Service Contract Management program. Motor Vehicle Rental Payments $56,220 $56,220 $56,220 37.4 Add funds to properly reflect operating budget represented in HB1026. Motor Vehicle Rental Payments $100,000 37. Fleet Management Appropriation (HB1027) The purpose of this appropriation is, in conjunction with OPB, to centralize state government motor vehicle fleet management functions to ensure efficient and cost effective fleet operations and to minimize the life-cycle costs associated with vehicle ownership. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,502,664 $2,502,664 $2,602,664 Motor Vehicle Rental Payments $2,502,664 $2,502,664 $2,602,664 TOTAL PUBLIC FUNDS $2,502,664 $2,502,664 $2,602,664 Mail and Courier Continuation Budget The purpose is to reduce cost through aggregation of demand for Capitol Hill and metro area mail and package delivery services. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,281,259 $1,281,259 $1,281,259 Mail and Courier Services $1,281,259 $1,281,259 $1,281,259 TOTAL PUBLIC FUNDS $1,281,259 $1,281,259 $1,281,259 Statewide Changes 38.1 GTA, GBA, WC, COLA, SHBP and Annualizer Mail and Courier Services $25,551 $25,551 $25,551 Changes to the Purpose or the Purpose Measure 38.2 SAC: The purpose of this appropriation is to provide convenient, efficient, and cost effective services through aggregation of demand for Capitol Hill and metro area mail and package delivery services. House: To provide convenient, efficient, and cost effective services through aggregation of demand for Capitol Hill and metro area mail and package delivery services. Mail and Courier Services $0 $0 Changes in the Size of the Program 38.3 Transfer funds and activities from Service Contract Management program. 3936 JOURNAL OF THE HOUSE Mail and Courier Services $80,832 $80,832 $80,832 38.4 Add funds to properly reflect operating budget represented in HB1026. Mail and Courier Services $13,500 38. Mail and Courier Appropriation (HB1027) The purpose of this appropriation is to provide convenient, efficient, and cost effective services through aggregation of demand for Capitol Hill and metro area mail and package delivery services. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,387,642 $1,387,642 $1,401,142 Mail and Courier Services $1,387,642 $1,387,642 $1,401,142 TOTAL PUBLIC FUNDS $1,387,642 $1,387,642 $1,401,142 Risk Management Continuation Budget The purpose is cost minimization and fair treatment of citizens through effective claims management. TOTAL STATE FUNDS $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $137,263,943 $137,263,943 $137,263,943 Agency to Agency Contracts $976,165 $976,165 $976,165 Liability Funds $51,741,328 $51,741,328 $51,741,328 Property Insurance Funds $20,659,798 $20,659,798 $20,659,798 Unemployment Compensation Funds $8,045,289 $8,045,289 $8,045,289 Workers Compensation Funds $55,841,363 $55,841,363 $55,841,363 TOTAL PUBLIC FUNDS $137,263,943 $137,263,943 $137,263,943 Statewide Changes 39.1 GTA, GBA, WC, COLA, SHBP and Annualizer Agency to Agency Contracts $2,258 $2,258 $2,258 Liability Funds $23,488 $23,488 $23,488 Property Insurance Funds $18,381 $18,381 $18,381 Unemployment Compensation Funds $1,205 $1,205 $1,205 Workers Compensation Funds $79,985 $79,985 $79,985 TOTAL PUBLIC FUNDS $125,317 $125,317 $125,317 39. Risk Management Appropriation (HB1027) The purpose of this appropriation is cost minimization and fair treatment of citizens through effective claims management. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $137,389,260 $137,389,260 $137,389,260 Agency to Agency Contracts $978,423 $978,423 $978,423 THURSDAY, MARCH 23, 2006 3937 Liability Funds $51,764,816 $51,764,816 $51,764,816 Property Insurance Funds $20,678,179 $20,678,179 $20,678,179 Unemployment Compensation Funds $8,046,494 $8,046,494 $8,046,494 Workers Compensation Funds $55,921,348 $55,921,348 $55,921,348 TOTAL PUBLIC FUNDS $137,389,260 $137,389,260 $137,389,260 Service Contract Management Continuation Budget The purpose is to provide customer cost avoidance for service contracts through aggregation of demand, competitive procurement, and contract management. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $140,330 $140,330 $140,330 Sales and Services $140,330 $140,330 $140,330 Sales and Services Not Itemized $140,330 $140,330 $140,330 TOTAL PUBLIC FUNDS $140,330 $140,330 $140,330 Changes in the Size of the Program 40.1 Eliminate the Service Contract Management program. Sales and Services Not Itemized ($3,278) ($3,278) ($3,278) 40.2 Transfer one position and salary to Fleet Management program. Sales and Services Not Itemized ($56,220) ($56,220) ($56,220) 40.3 Transfer funds and activities to Mail and Courier program. Sales and Services Not Itemized ($80,832) ($80,832) ($80,832) State Purchasing Continuation Budget The purpose is to reduce cost and provide fair and equitable access through open, structured competitive procurement. TOTAL STATE FUNDS $16,623,841 $16,623,841 $16,623,841 State General Funds $16,623,841 $16,623,841 $16,623,841 TOTAL AGENCY FUNDS $2,167,831 $2,167,831 $2,167,831 Reserved Fund Balances $2,020,000 $2,020,000 $2,020,000 Reserved Fund Balances Not Itemized $2,020,000 $2,020,000 $2,020,000 Rebates, Refunds, and Reimbursements $147,831 $147,831 $147,831 Rebates, Refunds, and Reimbursements Not Itemized $147,831 $147,831 $147,831 TOTAL PUBLIC FUNDS $18,791,672 $18,791,672 $18,791,672 3938 JOURNAL OF THE HOUSE Statewide Changes 41.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $311,771 $311,771 $311,771 Rebates, Refunds, and Reimbursements Not Itemized $37,172 $37,172 $37,172 TOTAL PUBLIC FUNDS $348,943 $348,943 $348,943 Changes to the Purpose or the Purpose Measure 41.2 SAC: The purpose of this appropriation is to reduce cost through aggregation of purchasing demand for state and local governments and to provide fair and equitable access through open, structured competitive procurement. House: To reduce cost through aggregation of purchasing demand for state and local governments and to provide fair and equitable access through open, structured competitive procurement. State General Funds $0 $0 One-Time Expense 41.3 Eliminate one-time funding for the Commission for a New Georgia's Procurement initiative. State General Funds ($11,195,400) ($11,195,400) ($11,195,400) Reserved Fund Balances Not Itemized ($2,020,000) ($2,020,000) ($2,020,000) TOTAL PUBLIC FUNDS ($13,215,400) ($13,215,400) ($13,215,400) Changes in How the Program is Funded 41.4 Reduce processing time and capture savings by funding an increase for the E-Procurement System for the Commission for a New Georgia's Procurement initiative. State General Funds $2,020,000 $2,020,000 $2,020,000 Changes in the Size of the Program 41.5 Improve stewardship of assets and capture operation efficiencies by increasing funds for the Commission for a New Georgia's Enterprise Asset Management System. State General Funds $1,705,000 $1,705,000 $1,705,000 41.6 Add funds to properly reflect operating budget represented in HB1026. Reserved Fund Balances Not Itemized $379,184 Agency to Agency Contracts $468,789 TOTAL PUBLIC FUNDS $847,973 41. State Purchasing Appropriation (HB1027) The purpose of this appropriation is to reduce cost through aggregation of purchasing demand for state and local governments and to provide fair and equitable access through open, structured competitive procurement. THURSDAY, MARCH 23, 2006 3939 TOTAL STATE FUNDS $9,465,212 $9,465,212 $9,465,212 State General Funds $9,465,212 $9,465,212 $9,465,212 TOTAL AGENCY FUNDS $185,003 $185,003 $564,187 Reserved Fund Balances $379,184 Reserved Fund Balances Not Itemized $379,184 Rebates, Refunds, and Reimbursements $185,003 $185,003 $185,003 Rebates, Refunds, and Reimbursements Not Itemized $185,003 $185,003 $185,003 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $468,789 Agency to Agency Contracts $468,789 TOTAL PUBLIC FUNDS $9,650,215 $9,650,215 $10,498,188 Surplus Property Continuation Budget The purpose is to reduce cost through maximization of the useful life of state-owned equipment. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 TOTAL AGENCY FUNDS $1,885,035 $1,885,035 $1,885,035 Sales and Services $1,885,035 $1,885,035 $1,885,035 Sales and Services Not Itemized $1,885,035 $1,885,035 $1,885,035 TOTAL PUBLIC FUNDS $1,885,035 $1,885,035 $1,885,035 Statewide Changes 42.1 GTA, GBA, WC, COLA, SHBP and Annualizer Sales and Services Not Itemized $66,506 $66,506 $66,506 Changes to the Purpose or the Purpose Measure 42.2 SAC: The purpose of this appropriation is to reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and local governments, qualifying non-profits, and to the public through auction. House: To reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and local governments, qualifying non-profits, and to the public through auction. Sales and Services Not Itemized $0 $0 Changes in the Size of the Program 42.3 Transfer one position and salary from Bulk Paper Sales program. Sales and Services Not Itemized $92,192 $92,192 $92,192 3940 JOURNAL OF THE HOUSE 42.4 Add funds to properly reflect operating budget represented in HB1026. Sales and Services Not Itemized $308,000 42. Surplus Property Appropriation (HB1027) The purpose of this appropriation is to reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and local governments, qualifying non-profits, and to the public through auction. TOTAL AGENCY FUNDS $2,043,733 $2,043,733 $2,351,733 Sales and Services $2,043,733 $2,043,733 $2,351,733 Sales and Services Not Itemized $2,043,733 $2,043,733 $2,351,733 TOTAL PUBLIC FUNDS $2,043,733 $2,043,733 $2,351,733 U.S. Post Office Continuation Budget The purpose is to provide convenient and cost-effective postal services to agencies and individuals. TOTAL STATE FUNDS $9,593 $9,593 $9,593 State General Funds $9,593 $9,593 $9,593 TOTAL AGENCY FUNDS $151,000 $151,000 $151,000 Royalties and Rents $151,000 $151,000 $151,000 Royalties and Rents Not Itemized $151,000 $151,000 $151,000 TOTAL PUBLIC FUNDS $160,593 $160,593 $160,593 Statewide Changes 43.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $8,128 $8,128 $8,128 Royalties and Rents Not Itemized $4,575 $4,575 $4,575 TOTAL PUBLIC FUNDS $12,703 $12,703 $12,703 43. U.S. Post Office Appropriation (HB1027) The purpose of this appropriation is to provide convenient and cost-effective postal services to agencies and individuals. TOTAL STATE FUNDS $17,721 $17,721 $17,721 State General Funds $17,721 $17,721 $17,721 TOTAL AGENCY FUNDS $155,575 $155,575 $155,575 Royalties and Rents $155,575 $155,575 $155,575 Royalties and Rents Not Itemized $155,575 $155,575 $155,575 TOTAL PUBLIC FUNDS $173,296 $173,296 $173,296 THURSDAY, MARCH 23, 2006 3941 Administrative Hearings, Office of State Continuation Budget The purpose is to provide an impartial, independent forum for resolving disputes between the public and state agencies. TOTAL STATE FUNDS $3,717,517 $3,717,517 $3,717,517 State General Funds $3,717,517 $3,717,517 $3,717,517 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $601,308 $601,308 $601,308 Administrative Hearing Payments $601,308 $601,308 $601,308 TOTAL PUBLIC FUNDS $4,318,825 $4,318,825 $4,318,825 Statewide Changes 44.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $186,086 $186,086 $186,086 Administrative Hearing Payments $7,376 $7,376 $7,376 TOTAL PUBLIC FUNDS $193,462 $193,462 $193,462 Changes in the Size of the Program 44.2 Reduce funds. State General Funds ($74,351) ($74,351) ($74,351) 44.3 Add funds to properly reflect operating budget represented in HB1026. Administrative Hearing Payments $80,000 44. Administrative Hearings, Office of State Appropriation (HB1027) The purpose of this appropriation is to provide an impartial, independent forum for resolving disputes between the public and state agencies. TOTAL STATE FUNDS $3,829,252 $3,829,252 $3,829,252 State General Funds $3,829,252 $3,829,252 $3,829,252 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $608,684 $608,684 $688,684 Administrative Hearing Payments $608,684 $608,684 $688,684 TOTAL PUBLIC FUNDS $4,437,936 $4,437,936 $4,517,936 Hazardous Materials, Agency for the Removal of Continuation Budget 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 STATE FUNDS $85,354 $85,354 $85,354 State General Funds $85,354 $85,354 $85,354 TOTAL PUBLIC FUNDS $85,354 $85,354 $85,354 3942 JOURNAL OF THE HOUSE 45. Hazardous Materials, Agency for the Removal of Appropriation (HB1027) The purpose of this appropriation is to establish and administer a program for the abatement and removal of asbestos and other hazardous materials from premises of the state. TOTAL STATE FUNDS $85,354 $85,354 $85,354 State General Funds $85,354 $85,354 $85,354 TOTAL PUBLIC FUNDS $85,354 $85,354 $85,354 Health Planning Review Board Continuation Budget The purpose is to review decisions made by hearing officers. TOTAL STATE FUNDS $60,473 $60,473 $60,473 State General Funds $60,473 $60,473 $60,473 TOTAL PUBLIC FUNDS $60,473 $60,473 $60,473 46. Health Planning Review Board Appropriation (HB1027) The purpose of this appropriation is to review decisions made by hearing officers. TOTAL STATE FUNDS $60,473 $60,473 $60,473 State General Funds $60,473 $60,473 $60,473 TOTAL PUBLIC FUNDS $60,473 $60,473 $60,473 Payments to Georgia Technology Authority Continuation Budget 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 STATE FUNDS $396,769 $396,769 $396,769 State General Funds $396,769 $396,769 $396,769 TOTAL PUBLIC FUNDS $396,769 $396,769 $396,769 Statewide Changes 47.1 GTA, GBA, WC, COLA, SHBP and Annualizer Sales and Services Not Itemized $0 $0 $0 Changes in Operations / Administration 47.2 Reflect credits negotiated with vendors and to fund the Commission for a New Georgia's Information Technology initiative. (G:YES)(H:YES)(S:YES) Sales and Services Not Itemized $0 $0 $0 THURSDAY, MARCH 23, 2006 3943 47.3 Reflect operational efficiencies and to fund hardware and software refresh at the Data Center. (G:YES)(H:YES)(S:YES) Sales and Services Not Itemized $0 $0 $0 Changes in the Size of the Program 47.4 Increase Payments to Georgia Technology Authority for the Statewide Wireless Broadband Initiative. State General Funds $5,000,000 $2,500,000 $3,000,000 47. Payments to Georgia Technology Authority Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $5,396,769 $2,896,769 $3,396,769 State General Funds $5,396,769 $2,896,769 $3,396,769 TOTAL PUBLIC FUNDS $5,396,769 $2,896,769 $3,396,769 Treasury and Fiscal Services, Office of Continuation Budget 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 STATE FUNDS $354,569 $354,569 $354,569 State General Funds $354,569 $354,569 $354,569 TOTAL AGENCY FUNDS $2,376,779 $2,376,779 $2,376,779 Interest and Investment Income $200,000 $200,000 $200,000 Interest and Investment Income Not Itemized $200,000 $200,000 $200,000 Rebates, Refunds, and Reimbursements $350,000 $350,000 $350,000 Rebates, Refunds, and Reimbursements Not Itemized $350,000 $350,000 $350,000 Sales and Services $1,826,779 $1,826,779 $1,826,779 Sales and Services Not Itemized $1,826,779 $1,826,779 $1,826,779 TOTAL PUBLIC FUNDS $2,731,348 $2,731,348 $2,731,348 Statewide Changes 48.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $56,355 $56,355 $56,355 Rebates, Refunds, and Reimbursements Not Itemized $2,802 $2,802 $2,802 Sales and Services Not Itemized $48,993 $48,993 $48,993 3944 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $108,150 $108,150 $108,150 Changes in Operations / Administration 48.2 Reduce funds to reflect an insurance policy rate adjustment. State General Funds ($7,092) ($7,092) ($7,092) Changes in the Size of the Program 48.3 Increase funding and add two new positions for the Consolidated Banking initiative. State General Funds $262,800 $262,800 $262,800 48. Treasury and Fiscal Services, Office of Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $666,632 $666,632 $666,632 State General Funds $666,632 $666,632 $666,632 TOTAL AGENCY FUNDS $2,428,574 $2,428,574 $2,428,574 Interest and Investment Income $200,000 $200,000 $200,000 Interest and Investment Income Not Itemized $200,000 $200,000 $200,000 Rebates, Refunds, and Reimbursements $352,802 $352,802 $352,802 Rebates, Refunds, and Reimbursements Not Itemized $352,802 $352,802 $352,802 Sales and Services $1,875,772 $1,875,772 $1,875,772 Sales and Services Not Itemized $1,875,772 $1,875,772 $1,875,772 TOTAL PUBLIC FUNDS $3,095,206 $3,095,206 $3,095,206 Section 14: Agriculture, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS $40,871,168 $40,871,168 $7,076,968 $7,076,968 $1,657,042 $748,420 $908,622 $49,605,178 Section Total - Continuation $40,871,168 $40,871,168 $40,871,168 $40,871,168 $7,076,968 $7,076,968 $7,076,968 $7,076,968 $1,657,042 $1,657,042 $748,420 $748,420 $908,622 $908,622 $49,605,178 $49,605,178 THURSDAY, MARCH 23, 2006 3945 Section Total - Final TOTAL STATE FUNDS $42,815,078 $42,911,540 $42,946,178 State General Funds $42,815,078 $42,911,540 $42,946,178 TOTAL FEDERAL FUNDS $6,849,321 $6,849,321 $6,849,321 Federal Funds Not Itemized $6,849,321 $6,849,321 $6,849,321 TOTAL AGENCY FUNDS $1,884,689 $1,884,689 $1,884,689 Intergovernmental Transfers $663,868 $663,868 $663,868 Rebates, Refunds, and Reimbursements $100,000 $100,000 $100,000 Sales and Services $1,120,821 $1,120,821 $1,120,821 TOTAL PUBLIC FUNDS $51,549,088 $51,645,550 $51,680,188 Athens and Tifton Veterinary Laboratories Continuation Budget 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 STATE FUNDS $3,271,132 $3,271,132 $3,271,132 State General Funds $3,271,132 $3,271,132 $3,271,132 TOTAL PUBLIC FUNDS $3,271,132 $3,271,132 $3,271,132 Statewide Changes 49.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $41,542 $41,542 $41,542 Changes in Operations / Administration 49.2 Transfer pay raise funds for Athens/Tifton Veterinary Labs employees from the Board of Regents to the Department of Agriculture. State General Funds $41,542 $41,542 $41,542 Changes in the Size of the Program 49.3 Fill one vacant pathologist position for early detection and treatment of diseases affecting livestock, wildlife, and companion animals. State General Funds $130,845 $130,845 $130,845 49. Athens and Tifton Veterinary Laboratories Appropriation (HB1027) The purpose of this appropriation is to ensure the safety of our food supply and the health of animals (production, equine and companion) within the State of Georgia. TOTAL STATE FUNDS $3,485,061 $3,485,061 $3,485,061 3946 JOURNAL OF THE HOUSE State General Funds $3,485,061 $3,485,061 $3,485,061 TOTAL PUBLIC FUNDS $3,485,061 $3,485,061 $3,485,061 Consumer Protection Continuation Budget The purpose is to prevent, control and eradicate certain infectious and communicable diseases of livestock. TOTAL STATE FUNDS $20,634,327 $20,634,327 $20,634,327 State General Funds $20,634,327 $20,634,327 $20,634,327 TOTAL FEDERAL FUNDS $7,020,116 $7,020,116 $7,020,116 Federal Funds Not Itemized $7,020,116 $7,020,116 $7,020,116 TOTAL AGENCY FUNDS $1,339,677 $1,339,677 $1,339,677 Intergovernmental Transfers $748,420 $748,420 $748,420 Intergovernmental Transfers Not Itemized $748,420 $748,420 $748,420 Sales and Services $591,257 $591,257 $591,257 Sales and Services Not Itemized $591,257 $591,257 $591,257 TOTAL PUBLIC FUNDS $28,994,120 $28,994,120 $28,994,120 Statewide Changes 50.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $875,687 $875,687 $875,687 Changes to the Purpose or the Purpose Measure 50.7 SAC: The purpose of this appropriation is to ensure a safe food supply, ensure a safe and healthy supply of agricultural products, ensure accurate commercial transactions that utilize weighing and measuring devices and to protect animal health (production, equine & companion) for the Citizens of Georgia. The purpose will be measured by the percent of licensed food establishments maintaining compliance and not requiring state level administrative action. House: To ensure a safe food supply, ensure a safe and healthy supply of agricultural products, ensure accurate commercial transactions that utilize weighing and measuring devices and to protect animal health (production, equine & companion) for the Citizens of Georgia State General Funds $0 $0 Changes in Operations / Administration 50.8 Transfer Seed Development Commission to Marketing and Promotion. Intergovernmental Transfers Not Itemized ($663,868) TOTAL PUBLIC FUNDS ($663,868) THURSDAY, MARCH 23, 2006 3947 Changes in the Size of the Program 50.2 Transfer funds from the Administration program and the Marketing and Promotion program to reflect program expenditures. State General Funds $334,272 $334,272 $334,272 Federal Funds Not Itemized ($270,895) ($270,895) ($270,895) Intergovernmental Transfers Not Itemized ($84,552) ($84,552) ($84,552) Rebates, Refunds, and Reimbursements Not Itemized $100,000 $100,000 $100,000 Sales and Services Not Itemized $243,743 $243,743 $243,743 TOTAL PUBLIC FUNDS $322,568 $322,568 $322,568 50.3 Fill three vacant plant pathologist positions to ensure the timely detection of and response to agricultural pests and diseases. (H:Fill one vacant plant protection position.)(S:Fill two vacant plant protection positions) State General Funds $103,916 $34,638 $69,276 50.4 Fill one vacant inspector position and one vacant veterinary district supervisor position in the Meat Inspection program to guarantee the safety of Georgia's meat supply. State General Funds $47,480 $47,480 $47,480 50.5 Fill three vacant food safety positions to provide adequate monitoring of Georgia's food supply. State General Funds $96,315 $96,315 $96,315 50.6 Transfer funds to the Administration program and Marketing and Promotion to meet expenses. State General Funds ($6,332) ($6,332) ($6,332) 50. Consumer Protection Appropriation (HB1027) The purpose of this appropriation is to ensure a safe food supply, ensure a safe and healthy supply of agricultural products, ensure accurate commercial transactions that utilize weighing and measuring devices and to protect animal health (production, equine & companion) for the Citizens of Georgia. The purpose will be measured by the percent of licensed food establishments maintaining compliance and not requiring state level administrative action. TOTAL STATE FUNDS $22,085,665 $22,016,387 $22,051,025 State General Funds $22,085,665 $22,016,387 $22,051,025 TOTAL FEDERAL FUNDS $6,749,221 $6,749,221 $6,749,221 Federal Funds Not Itemized $6,749,221 $6,749,221 $6,749,221 TOTAL AGENCY FUNDS $1,598,868 $1,598,868 $935,000 Intergovernmental Transfers $663,868 $663,868 Intergovernmental Transfers Not Itemized $663,868 $663,868 3948 JOURNAL OF THE HOUSE Rebates, Refunds, and Reimbursements $100,000 $100,000 $100,000 Rebates, Refunds, and Reimbursements Not Itemized $100,000 $100,000 $100,000 Sales and Services $835,000 $835,000 $835,000 Sales and Services Not Itemized $835,000 $835,000 $835,000 TOTAL PUBLIC FUNDS $30,433,754 $30,364,476 $29,735,246 Departmental Administration Continuation Budget The purpose is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $5,967,006 $5,967,006 $5,967,006 State General Funds $5,967,006 $5,967,006 $5,967,006 TOTAL FEDERAL FUNDS $37,776 $37,776 $37,776 Federal Funds Not Itemized $37,776 $37,776 $37,776 TOTAL AGENCY FUNDS $211,680 $211,680 $211,680 Sales and Services $211,680 $211,680 $211,680 Sales and Services Not Itemized $211,680 $211,680 $211,680 TOTAL PUBLIC FUNDS $6,216,462 $6,216,462 $6,216,462 Statewide Changes 51.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $223,892 $223,892 $223,892 Changes in the Size of the Program 51.2 Transfer funds to the Consumer Protection Program and the Poultry Veterinary Diagnostic Labs to reflect program expenditures. State General Funds ($111,683) ($111,683) ($111,683) Federal Funds Not Itemized $31,724 $31,724 $31,724 Sales and Services Not Itemized $47,041 $47,041 $47,041 TOTAL PUBLIC FUNDS ($32,918) ($32,918) ($32,918) 51.3 Transfer funds from Consumer Protection program to meet expenses. State General Funds $5,504 $5,504 $5,504 51. Departmental Administration Appropriation (HB1027) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $6,084,719 $6,084,719 $6,084,719 State General Funds $6,084,719 $6,084,719 $6,084,719 THURSDAY, MARCH 23, 2006 3949 TOTAL FEDERAL FUNDS $69,500 $69,500 $69,500 Federal Funds Not Itemized $69,500 $69,500 $69,500 TOTAL AGENCY FUNDS $258,721 $258,721 $258,721 Sales and Services $258,721 $258,721 $258,721 Sales and Services Not Itemized $258,721 $258,721 $258,721 TOTAL PUBLIC FUNDS $6,412,940 $6,412,940 $6,412,940 Marketing and Promotion Continuation Budget The purpose is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally. TOTAL STATE FUNDS $7,857,881 $7,857,881 $7,857,881 State General Funds $7,857,881 $7,857,881 $7,857,881 TOTAL FEDERAL FUNDS $19,076 $19,076 $19,076 Federal Funds Not Itemized $19,076 $19,076 $19,076 TOTAL AGENCY FUNDS $105,685 $105,685 $105,685 Sales and Services $105,685 $105,685 $105,685 Sales and Services Not Itemized $105,685 $105,685 $105,685 TOTAL PUBLIC FUNDS $7,982,642 $7,982,642 $7,982,642 Statewide Changes 52.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $177,087 $177,087 $177,087 Changes in Operations / Administration 52.2 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. State General Funds $32,355 $32,355 $32,355 52.6 Transfer Seed Development Commission from Consumer Protection. Intergovernmental Transfers Not Itemized $663,868 TOTAL PUBLIC FUNDS $663,868 Changes in the Size of the Program 52.3 Transfer funds to the Consumer Protection program and the Poultry Veterinary Diagnostic Labs to reflect program expenditures. State General Funds ($225,233) ($225,233) ($225,233) Federal Funds Not Itemized $11,524 $11,524 $11,524 Sales and Services Not Itemized ($78,585) ($78,585) ($78,585) 3950 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS ($292,294) ($292,294) ($292,294) 52.4 Reduce the contract with the Federation of Southern Cooperatives. State General Funds ($741) ($741) ($741) 52.5 Transfer funds from the Consumer Protection program to meet expenses. State General Funds $828 $828 $828 52. Marketing and Promotion Appropriation (HB1027) The purpose of this appropriation is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally. TOTAL STATE FUNDS $7,842,177 $7,842,177 $7,842,177 State General Funds $7,842,177 $7,842,177 $7,842,177 TOTAL FEDERAL FUNDS $30,600 $30,600 $30,600 Federal Funds Not Itemized $30,600 $30,600 $30,600 TOTAL AGENCY FUNDS $27,100 $27,100 $690,968 Intergovernmental Transfers $663,868 Intergovernmental Transfers Not Itemized $663,868 Sales and Services $27,100 $27,100 $27,100 Sales and Services Not Itemized $27,100 $27,100 $27,100 TOTAL PUBLIC FUNDS $7,899,877 $7,899,877 $8,563,745 Poultry Veterinary Diagnostic Labs Continuation Budget The purpose is to provide diagnostic and monitoring services to Georgia poultry growers. TOTAL STATE FUNDS $3,140,822 $3,140,822 $3,140,822 State General Funds $3,140,822 $3,140,822 $3,140,822 TOTAL PUBLIC FUNDS $3,140,822 $3,140,822 $3,140,822 Statewide Changes 53.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $52,591 $98,331 $98,331 Changes to the Purpose or the Purpose Measure 53.5 SAC: The purpose of this appropriation is to provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza. The purpose will be measured by the percent increase in the total number and quality of the tests performed by the network of poultry labs from the previous year. House: To provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza. THURSDAY, MARCH 23, 2006 3951 State General Funds $0 $0 One-Time Expense 53.4 Provide funds to automate the liquid handling system appropriated in HB1026. State General Funds $120,000 $120,000 Changes in the Size of the Program 53.2 Transfer funds from the Administration program and the Marketing and Promotion program to reflect program expenditures. State General Funds $2,644 $2,644 $2,644 53.3 Provide funding for diagnostic equipment and supplies at the Oakwood Poultry Veterinary Diagnostic Lab and branch laboratories to ensure a quick response to avian influenza and other threats.(H:Provide funding for diagnostic supplies at the Oakwood Poultry Veterinary Diagnostic Lab and branch labs.)(S: Provide funding for diagnostic equipment and supplies at the Oakwood Poultry Veterinary Diagnostic Lab and brand laboratories to increase the total number and quality of tests performed from the Previous year.) State General Funds $121,399 $121,399 $121,399 53. Poultry Veterinary Diagnostic Labs Appropriation (HB1027) The purpose of this appropriation is to provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza. The purpose will be measured by the percent increase in the total number and quality of the tests performed by the network of poultry labs from the previous year. TOTAL STATE FUNDS $3,317,456 $3,483,196 $3,483,196 State General Funds $3,317,456 $3,483,196 $3,483,196 TOTAL PUBLIC FUNDS $3,317,456 $3,483,196 $3,483,196 Section 15: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $10,976,353 $10,976,353 $10,976,353 $11,581,920 $11,581,920 $11,581,920 Section Total - Continuation $10,976,353 $10,976,353 $10,976,353 $10,976,353 $10,976,353 $10,976,353 Section Total - Final $11,581,920 $11,581,920 $11,581,920 $11,581,920 $11,581,920 $11,581,920 3952 JOURNAL OF THE HOUSE Chartering, Licensing and Applications/Non-Mortgage Entities Continuation Budget 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 STATE FUNDS $495,504 $495,504 $495,504 State General Funds $495,504 $495,504 $495,504 TOTAL PUBLIC FUNDS $495,504 $495,504 $495,504 Statewide Changes 54.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $17,488 $17,488 $17,488 54. Chartering, Licensing and Applications/Non-Mortgage Appropriation (HB1027) Entities The purpose of this appropriation 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 STATE FUNDS $512,992 $512,992 $512,992 State General Funds $512,992 $512,992 $512,992 TOTAL PUBLIC FUNDS $512,992 $512,992 $512,992 Consumer Protection and Assistance Continuation Budget The purpose is to assist consumers with problems encountered when dealing with department-regulated entities. TOTAL STATE FUNDS $515,920 $515,920 $515,920 State General Funds $515,920 $515,920 $515,920 TOTAL PUBLIC FUNDS $515,920 $515,920 $515,920 Statewide Changes 55.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $13,781 $13,781 $13,781 55. Consumer Protection and Assistance Appropriation (HB1027) The purpose of this appropriation is to assist consumers with problems encountered when dealing with department- regulated entities. TOTAL STATE FUNDS $529,701 $529,701 $529,701 State General Funds $529,701 $529,701 $529,701 TOTAL PUBLIC FUNDS $529,701 $529,701 $529,701 THURSDAY, MARCH 23, 2006 3953 Departmental Administration Continuation Budget The purpose is to provide administrative support to all department programs. TOTAL STATE FUNDS $1,645,199 $1,645,199 $1,645,199 State General Funds $1,645,199 $1,645,199 $1,645,199 TOTAL PUBLIC FUNDS $1,645,199 $1,645,199 $1,645,199 Statewide Changes 56.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $56,108 $56,108 $56,108 One-Time Expense 56.2 Purchase field offices phone system. State General Funds $25,018 $25,018 $25,018 Changes in the Size of the Program 56.3 Increase funds to add one network administrator. State General Funds $59,701 $59,701 $59,701 56. Departmental Administration Appropriation (HB1027) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $1,786,026 $1,786,026 $1,786,026 State General Funds $1,786,026 $1,786,026 $1,786,026 TOTAL PUBLIC FUNDS $1,786,026 $1,786,026 $1,786,026 Financial Institution Supervision Continuation Budget 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 STATE FUNDS $6,581,431 $6,581,431 $6,581,431 State General Funds $6,581,431 $6,581,431 $6,581,431 TOTAL PUBLIC FUNDS $6,581,431 $6,581,431 $6,581,431 Statewide Changes 57.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $218,845 $218,845 $218,845 One-Time Expense 57.2 Purchase field offices phone system. State General Funds $156,007 $156,007 $156,007 3954 JOURNAL OF THE HOUSE 57. Financial Institution Supervision Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $6,956,283 $6,956,283 $6,956,283 State General Funds $6,956,283 $6,956,283 $6,956,283 TOTAL PUBLIC FUNDS $6,956,283 $6,956,283 $6,956,283 Mortgage Supervision Continuation Budget The purpose is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and enforce applicable laws and regulations. TOTAL STATE FUNDS $1,738,299 $1,738,299 $1,738,299 State General Funds $1,738,299 $1,738,299 $1,738,299 TOTAL PUBLIC FUNDS $1,738,299 $1,738,299 $1,738,299 Statewide Changes 58.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $58,619 $58,619 $58,619 58. Mortgage Supervision Appropriation (HB1027) The purpose of this appropriation is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and enforce applicable laws and regulations. TOTAL STATE FUNDS $1,796,918 $1,796,918 $1,796,918 State General Funds $1,796,918 $1,796,918 $1,796,918 TOTAL PUBLIC FUNDS $1,796,918 $1,796,918 $1,796,918 Section 16: Community Affairs, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances $80,217,219 $33,093,886 $47,123,333 $93,566,048 $93,566,048 $10,831,688 $9,715 Section Total - Continuation $80,217,219 $80,217,219 $33,093,886 $33,093,886 $47,123,333 $47,123,333 $93,566,048 $93,566,048 $93,566,048 $93,566,048 $10,831,688 $10,831,688 $9,715 $9,715 THURSDAY, MARCH 23, 2006 3955 Intergovernmental Transfers $9,477,792 $9,477,792 $9,477,792 Sales and Services $1,344,181 $1,344,181 $1,344,181 TOTAL PUBLIC FUNDS $184,614,955 $184,614,955 $184,614,955 Section Total - Final TOTAL STATE FUNDS $97,885,145 $95,985,145 $93,338,190 State General Funds $50,761,812 $48,861,812 $46,214,857 Tobacco Settlement Funds $47,123,333 $47,123,333 $47,123,333 TOTAL FEDERAL FUNDS $93,566,048 $93,566,048 $108,529,689 Federal Funds Not Itemized $93,566,048 $93,566,048 $108,529,689 TOTAL AGENCY FUNDS $10,833,823 $10,833,823 $13,296,168 Reserved Fund Balances $9,715 $9,715 $293,674 Interest and Investment Income $2,135 $2,135 $2,135 Intergovernmental Transfers $9,477,792 $9,477,792 $11,420,477 Sales and Services $1,344,181 $1,344,181 $1,579,882 TOTAL PUBLIC FUNDS $202,285,016 $200,385,016 $215,164,047 Building Construction Continuation Budget 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 STATE FUNDS $279,403 $279,403 $279,403 State General Funds $279,403 $279,403 $279,403 TOTAL AGENCY FUNDS $171,722 $171,722 $171,722 Sales and Services $171,722 $171,722 $171,722 Sales and Services Not Itemized $171,722 $171,722 $171,722 TOTAL PUBLIC FUNDS $451,125 $451,125 $451,125 Statewide Changes 59.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $10,152 $10,152 $10,152 59. Building Construction Appropriation (HB1027) The purpose of this appropriation is to establish minimum building construction standards for all new structures including mass-produced factory built (modular) buildings built in the state. TOTAL STATE FUNDS $289,555 $289,555 $289,555 3956 JOURNAL OF THE HOUSE State General Funds $289,555 $289,555 $289,555 TOTAL AGENCY FUNDS $171,722 $171,722 $171,722 Sales and Services $171,722 $171,722 $171,722 Sales and Services Not Itemized $171,722 $171,722 $171,722 TOTAL PUBLIC FUNDS $461,277 $461,277 $461,277 Coordinated Planning Continuation Budget 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 STATE FUNDS $3,831,884 $3,831,884 $3,831,884 State General Funds $3,831,884 $3,831,884 $3,831,884 TOTAL PUBLIC FUNDS $3,831,884 $3,831,884 $3,831,884 Statewide Changes 60.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $69,162 $69,162 $69,162 Changes in Operations / Administration 60.2 Transfer GTA rate structure adjustments to the Administration program. State General Funds ($51,508) ($51,508) ($51,508) One-Time Expense 60.3 Provide two time-limited positions and funding to support the development of a strategy for sound economic development and conservation for Georgia's coastal region by DCA's Coastal Comprehensive Plan Advisory Committee. State General Funds $300,000 $300,000 $300,000 Changes in the Size of the Program 60.4 Reduce annual contracts to the sixteen Regional Development Centers.(S:Restore funds.) State General Funds ($233,045) ($233,045) $0 60.5 Transfer the Signature Community Program funds to the Regional Services program. State General Funds ($250,000) ($250,000) ($250,000) 60.6 Transfer one position to Administration. State General Funds ($160,739) ($160,739) 60.7 Add funds to properly reflect operating budget represented in HB1026. Sales and Services Not Itemized $43,150 THURSDAY, MARCH 23, 2006 3957 60. Coordinated Planning Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $3,666,493 $3,505,754 $3,738,799 State General Funds $3,666,493 $3,505,754 $3,738,799 TOTAL AGENCY FUNDS $43,150 Sales and Services $43,150 Sales and Services Not Itemized $43,150 TOTAL PUBLIC FUNDS $3,666,493 $3,505,754 $3,781,949 Departmental Administration Continuation Budget The purpose is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $1,982,095 $1,982,095 $1,982,095 State General Funds $1,982,095 $1,982,095 $1,982,095 TOTAL FEDERAL FUNDS $22,000 $22,000 $22,000 Federal Funds Not Itemized $22,000 $22,000 $22,000 TOTAL AGENCY FUNDS $2,476,773 $2,476,773 $2,476,773 Intergovernmental Transfers $2,476,773 $2,476,773 $2,476,773 Intergovernmental Transfers Not Itemized $2,476,773 $2,476,773 $2,476,773 TOTAL PUBLIC FUNDS $4,480,868 $4,480,868 $4,480,868 Statewide Changes 61.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $63,130 $63,130 $63,130 Changes in Operations / Administration 61.2 Use current funds for one human resources position to perform administrative support and transactional activities.(G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 Changes in the Size of the Program 61.3 Transfer GTA rate structure adjustments from Coordinated Planning, Environmental Education and Assistance, Federal Community & Economic Development Programs, Regional Services, Research and Surveys, State Community Development Programs, and State Economic Development Program. 3958 JOURNAL OF THE HOUSE State General Funds $95,591 $95,591 $95,591 61.4 Establish a secondary IT infrastructure site with current funds to continue key services in the event of an emergency that renders the central office inaccessible.(G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 61.5 Transfer one position from Coordinated Planning. State General Funds $160,739 $160,739 61.6 Add funds to properly reflect operating budget represented in HB1026. Intergovernmental Transfers Not Itemized $31,662 Sales and Services Not Itemized $101,909 TOTAL PUBLIC FUNDS $133,571 61. Departmental Administration Appropriation (HB1027) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $2,140,816 $2,301,555 $2,301,555 State General Funds $2,140,816 $2,301,555 $2,301,555 TOTAL FEDERAL FUNDS $22,000 $22,000 $22,000 Federal Funds Not Itemized $22,000 $22,000 $22,000 TOTAL AGENCY FUNDS $2,476,773 $2,476,773 $2,610,344 Intergovernmental Transfers $2,476,773 $2,476,773 $2,508,435 Intergovernmental Transfers Not Itemized $2,476,773 $2,476,773 $2,508,435 Sales and Services $101,909 Sales and Services Not Itemized $101,909 TOTAL PUBLIC FUNDS $4,639,589 $4,800,328 $4,933,899 Environmental Education and Assistance Continuation Budget The purpose is to provide technical assistance, resource tools, and public education outreach resources. TOTAL STATE FUNDS $973,896 $973,896 $973,896 State General Funds $973,896 $973,896 $973,896 TOTAL PUBLIC FUNDS $973,896 $973,896 $973,896 Statewide Changes 62.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $26,996 $26,996 $26,996 THURSDAY, MARCH 23, 2006 3959 Changes in Operations / Administration 62.2 Transfer GTA rate structure adjustments to the Administration program. State General Funds ($2,039) ($2,039) ($2,039) Changes in How the Program is Funded 62.3 Add funds to properly reflect operating budget represented in HB1026. Reserved Fund Balances Not Itemized $277,000 62. Environmental Education and Assistance Appropriation (HB1027) The purpose of this appropriation is to provide technical assistance, resource tools, and public education outreach resources. TOTAL STATE FUNDS $998,853 $998,853 $998,853 State General Funds $998,853 $998,853 $998,853 TOTAL AGENCY FUNDS $277,000 Reserved Fund Balances $277,000 Reserved Fund Balances Not Itemized $277,000 TOTAL PUBLIC FUNDS $998,853 $998,853 $1,275,853 Federal Community and Economic Development Programs Continuation Budget 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 STATE FUNDS $1,608,212 $1,608,212 $1,608,212 State General Funds $1,608,212 $1,608,212 $1,608,212 TOTAL FEDERAL FUNDS $36,985,354 $36,985,354 $36,985,354 Federal Funds Not Itemized $36,985,354 $36,985,354 $36,985,354 TOTAL PUBLIC FUNDS $38,593,566 $38,593,566 $38,593,566 Statewide Changes 63.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $53,322 $53,322 $53,322 Changes in Operations / Administration 63.2 Transfer GTA rate structure adjustments to the Administration program. State General Funds ($1,197) ($1,197) ($1,197) Changes in How the Program is Funded 63.4 Add funds to properly reflect operating budget represented in HB1026. 3960 JOURNAL OF THE HOUSE Federal Funds Not Itemized $13,159,053 TOTAL PUBLIC FUNDS $13,159,053 Changes in the Size of the Program 63.3 Provide additional funding for the Hands on Georgia contract for community challenge grants. State General Funds $100,000 $100,000 $100,000 63. Federal Community and Economic Development Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $1,760,337 $1,760,337 $1,760,337 State General Funds $1,760,337 $1,760,337 $1,760,337 TOTAL FEDERAL FUNDS $36,985,354 $36,985,354 $50,144,407 Federal Funds Not Itemized $36,985,354 $36,985,354 $50,144,407 TOTAL PUBLIC FUNDS $38,745,691 $38,745,691 $51,904,744 Homeownership programs Continuation Budget 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 STATE FUNDS $0 $0 $0 TOTAL AGENCY FUNDS $4,014,155 $4,014,155 $4,014,155 Intergovernmental Transfers $4,014,155 $4,014,155 $4,014,155 Intergovernmental Transfers Not Itemized $4,014,155 $4,014,155 $4,014,155 TOTAL PUBLIC FUNDS $4,014,155 $4,014,155 $4,014,155 Statewide Changes 64.1 GTA, GBA, WC, COLA, SHBP and Annualizer Intergovernmental Transfers $0 $0 $0 Changes in How the Program is Funded 64.2 Add funds to properly reflect operating budget represented in HB1026. Intergovernmental Transfers Not Itemized $134,280 64. Homeownership programs Appropriation (HB1027) The purpose of this appropriation is to expand the supply of standard affordable housing through rehabilitation, construction and provide homeownership opportunities for low and moderate income individuals. THURSDAY, MARCH 23, 2006 3961 TOTAL AGENCY FUNDS $4,014,155 $4,014,155 $4,148,435 Intergovernmental Transfers $4,014,155 $4,014,155 $4,148,435 Intergovernmental Transfers Not Itemized $4,014,155 $4,014,155 $4,148,435 TOTAL PUBLIC FUNDS $4,014,155 $4,014,155 $4,148,435 Local Assistance Grants Continuation Budget 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 STATE FUNDS $3,881,066 $3,881,066 $3,881,066 State General Funds $3,881,066 $3,881,066 $3,881,066 TOTAL PUBLIC FUNDS $3,881,066 $3,881,066 $3,881,066 One-Time Expense 65.1 Eliminate one-time Local Assistance Grant funds originating in HB85 for FY 2006. State General Funds ($3,881,066) ($3,881,066) ($3,881,066) Regional Services Continuation Budget 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 STATE FUNDS $3,096,517 $3,096,517 $3,096,517 State General Funds $3,096,517 $3,096,517 $3,096,517 TOTAL PUBLIC FUNDS $3,096,517 $3,096,517 $3,096,517 Statewide Changes 66.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $60,536 $60,536 $60,536 Changes in Operations / Administration 66.2 Transfer GTA rate structure adjustments to the Administration program. State General Funds ($1,627) ($1,627) ($1,627) One-Time Expense 66.7 Provide funds for a boundary study of Doraville, Chamblee and the proposed City of Dunwoody. State General Funds $20,000 Changes in the Size of the Program 66.3 Increase the number of Signature Community grantees from five to seven to assist additional local governments in implementing their comprehensive plan initiatives. 3962 JOURNAL OF THE HOUSE State General Funds $100,000 $100,000 $100,000 66.4 Transfer the Signature Community Program funds from the Coordinated Planning program. State General Funds $250,000 $250,000 $250,000 66.5 Add one position and related funding to implement economic development strategies in rural Georgia. State General Funds $110,508 $110,508 $110,508 66.6 Enhance funds for the Local Development Fund from $1.5 million to $5 million.(H:Designate $1,000,000 for downtown revitalization efforts.)(S:No to House language). State General Funds $3,500,000 $3,500,000 $3,500,000 66. Regional Services Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $7,115,934 $7,115,934 $7,135,934 State General Funds $7,115,934 $7,115,934 $7,135,934 TOTAL PUBLIC FUNDS $7,115,934 $7,115,934 $7,135,934 Rental Housing Programs Continuation Budget 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 STATE FUNDS $3,287,829 $3,287,829 $3,287,829 State General Funds $3,287,829 $3,287,829 $3,287,829 TOTAL FEDERAL FUNDS $56,546,807 $56,546,807 $56,546,807 Federal Funds Not Itemized $56,546,807 $56,546,807 $56,546,807 TOTAL AGENCY FUNDS $2,996,579 $2,996,579 $2,996,579 Reserved Fund Balances $9,715 $9,715 $9,715 Reserved Fund Balances Not Itemized $9,715 $9,715 $9,715 Intergovernmental Transfers $2,986,864 $2,986,864 $2,986,864 Intergovernmental Transfers Not Itemized $2,986,864 $2,986,864 $2,986,864 TOTAL PUBLIC FUNDS $62,831,215 $62,831,215 $62,831,215 Statewide Changes 67.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $0 $0 $0 THURSDAY, MARCH 23, 2006 3963 Changes in How the Program is Funded 67.2 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $1,804,588 Reserved Fund Balances Not Itemized ($9,715) Intergovernmental Transfers Not Itemized $981,421 TOTAL PUBLIC FUNDS $2,776,294 67. Rental Housing Programs Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $3,287,829 $3,287,829 $3,287,829 State General Funds $3,287,829 $3,287,829 $3,287,829 TOTAL FEDERAL FUNDS $56,546,807 $56,546,807 $58,351,395 Federal Funds Not Itemized $56,546,807 $56,546,807 $58,351,395 TOTAL AGENCY FUNDS $2,996,579 $2,996,579 $3,968,285 Reserved Fund Balances $9,715 $9,715 Reserved Fund Balances Not Itemized $9,715 $9,715 Intergovernmental Transfers $2,986,864 $2,986,864 $3,968,285 Intergovernmental Transfers Not Itemized $2,986,864 $2,986,864 $3,968,285 TOTAL PUBLIC FUNDS $62,831,215 $62,831,215 $65,607,509 Research and Surveys Continuation Budget The purpose is to conduct surveys and collect financial/management data from local governments and authorities as directed by statute. TOTAL STATE FUNDS $667,698 $667,698 $667,698 State General Funds $667,698 $667,698 $667,698 TOTAL PUBLIC FUNDS $667,698 $667,698 $667,698 Statewide Changes 68.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $21,928 $21,928 $21,928 Changes in Operations / Administration 68.2 Transfer GTA rate structure adjustments to the Administration program. 3964 JOURNAL OF THE HOUSE State General Funds ($38,496) ($38,496) ($38,496) Changes in How the Program is Funded 68.3 Add funds to properly reflect operating budget represented in HB1026. Sales and Services Not Itemized $51,304 68. Research and Surveys Appropriation (HB1027) The purpose of this appropriation is to conduct surveys and collect financial/management data from local governments and authorities as directed by statute. TOTAL STATE FUNDS $651,130 $651,130 $651,130 State General Funds $651,130 $651,130 $651,130 TOTAL AGENCY FUNDS $51,304 Sales and Services $51,304 Sales and Services Not Itemized $51,304 TOTAL PUBLIC FUNDS $651,130 $651,130 $702,434 State Community Development Programs Continuation Budget 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 STATE FUNDS $1,190,051 $1,190,051 $1,190,051 State General Funds $1,190,051 $1,190,051 $1,190,051 TOTAL PUBLIC FUNDS $1,190,051 $1,190,051 $1,190,051 Statewide Changes 69.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $43,041 $43,041 $43,041 Changes in Operations / Administration 69.2 Transfer GTA rate structure adjustments to the Administration program. State General Funds ($542) ($542) ($542) Changes in How the Program is Funded 69.3 Add funds to properly reflect operating budget represented in HB1026. Sales and Services Not Itemized $39,338 69. State Community Development Programs Appropriation (HB1027) The purpose of this appropriation 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. THURSDAY, MARCH 23, 2006 3965 TOTAL STATE FUNDS $1,232,550 $1,232,550 $1,232,550 State General Funds $1,232,550 $1,232,550 $1,232,550 TOTAL AGENCY FUNDS $39,338 Sales and Services $39,338 Sales and Services Not Itemized $39,338 TOTAL PUBLIC FUNDS $1,232,550 $1,232,550 $1,271,888 State Economic Development Program Continuation Budget The purpose is to facilitate and stimulate economic activity, private investment, and job creation by various means including making loans and grants. TOTAL STATE FUNDS $4,201,762 $4,201,762 $4,201,762 State General Funds $4,201,762 $4,201,762 $4,201,762 TOTAL FEDERAL FUNDS $11,887 $11,887 $11,887 Federal Funds Not Itemized $11,887 $11,887 $11,887 TOTAL PUBLIC FUNDS $4,213,649 $4,213,649 $4,213,649 One-Time Expense 70.1 Provide funding to expand the Life Sciences Facilities Fund for investment in entrepreneur-led startup businesses to promote job growth in Georgia's bioscience industry. State General Funds $5,000,000 $5,000,000 $5,000,000 70.2 Provide funds for critical economic development projects. State General Funds $6,000,000 $3,000,000 $1,000,000 70.5 Provide funding to the Georgia Cities Foundation. State General Funds $1,000,000 $0 Changes in the Size of the Program 70.3 Add one economic development program manager position to work with state agency partners on life sciences and strategic industries loans. State General Funds $77,444 $77,444 $77,444 70.4 Transfer GTA rate structure adjustments to the Administration program. State General Funds ($182) ($182) ($182) 70. State Economic Development Program Appropriation (HB1027) The purpose of this appropriation is to facilitate and stimulate economic activity, private investment, and job creation by various means including making loans and grants. 3966 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $15,279,024 $13,279,024 $10,279,024 State General Funds $15,279,024 $13,279,024 $10,279,024 TOTAL FEDERAL FUNDS $11,887 $11,887 $11,887 Federal Funds Not Itemized $11,887 $11,887 $11,887 TOTAL PUBLIC FUNDS $15,290,911 $13,290,911 $10,290,911 Payments to Georgia Environmental Facilities Authority Continuation Budget The purpose is to provide funds for the Georgia Rural Water Association and the Infrastructure Grant Program. TOTAL STATE FUNDS $700,000 $700,000 $700,000 State General Funds $700,000 $700,000 $700,000 TOTAL PUBLIC FUNDS $700,000 $700,000 $700,000 Statewide Changes 71.1 GTA, GBA, WC, COLA, SHBP and Annualizer Interest and Investment Income Not Itemized $2,135 $2,135 $2,135 TOTAL PUBLIC FUNDS $2,135 $2,135 $2,135 Changes in Operations / Administration 71.2 Provide annual State of Georgia dues to the Southern States Energy Board. State General Funds $35,782 $35,782 $35,782 TOTAL PUBLIC FUNDS $35,782 $35,782 $35,782 One-Time Expense 71.3 Provide grant funds for local governments in the Governor's Land Conservation program. State General Funds $5,000,000 $5,000,000 $5,000,000 71.6 Provide additional contract funds to the Georgia Rural Water Association. State General Funds $100,000 $200,000 Changes in the Size of the Program 71.4 Provide required match funds for the State Energy program. State General Funds $200,000 $200,000 $200,000 71.5 Provide one and one-half positions and funding to develop the state's energy management capability to reduce cost and usage of energy through improved procurement strategies, data collection and efficient consumption strategies. State General Funds $500,000 $500,000 $500,000 THURSDAY, MARCH 23, 2006 3967 71. Payments to Georgia Environmental Facilities Authority Appropriation (HB1027) The purpose of this appropriation is to provide funds for the Georgia Rural Water Association and the Infrastructure Grant Program. TOTAL STATE FUNDS $6,435,782 $6,535,782 $6,635,782 State General Funds $6,435,782 $6,535,782 $6,635,782 TOTAL AGENCY FUNDS $2,135 $2,135 $2,135 Interest and Investment Income $2,135 $2,135 $2,135 Interest and Investment Income Not Itemized $2,135 $2,135 $2,135 TOTAL PUBLIC FUNDS $6,437,917 $6,537,917 $6,637,917 Payments to Georgia Regional Transportation Authority Continuation Budget The purpose is to improve Georgia's mobility, air quality, and land use practices. TOTAL STATE FUNDS $4,360,581 $4,360,581 $4,360,581 State General Funds $4,360,581 $4,360,581 $4,360,581 TOTAL PUBLIC FUNDS $4,360,581 $4,360,581 $4,360,581 Statewide Changes 72.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $122,825 $122,825 $122,825 Changes in the Size of the Program 72.2 Provide funding for one position to coordinate transit services and policy. State General Funds $90,108 $90,108 $90,108 72.3 Reduce funding in the Mitigation/Land Use Planning program to reflect the transfer of a position to the Transportation Project Planning program State General Funds ($2,897) ($2,897) ($2,897) 72. Payments to Georgia Regional Transportation Authority Appropriation (HB1027) The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices. TOTAL STATE FUNDS $4,570,617 $4,570,617 $4,570,617 State General Funds $4,570,617 $4,570,617 $4,570,617 TOTAL PUBLIC FUNDS $4,570,617 $4,570,617 $4,570,617 Payments to OneGeorgia Authority Continuation Budget The purpose is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS $47,123,333 $47,123,333 $47,123,333 3968 JOURNAL OF THE HOUSE Tobacco Settlement Funds $47,123,333 $47,123,333 $47,123,333 TOTAL PUBLIC FUNDS $47,123,333 $47,123,333 $47,123,333 73. Payments to OneGeorgia Authority Appropriation (HB1027) The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS $47,123,333 $47,123,333 $47,123,333 Tobacco Settlement Funds $47,123,333 $47,123,333 $47,123,333 TOTAL PUBLIC FUNDS $47,123,333 $47,123,333 $47,123,333 Payments to the State Housing Trust Fund Continuation Budget 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 STATE FUNDS $3,032,892 $3,032,892 $3,032,892 State General Funds $3,032,892 $3,032,892 $3,032,892 TOTAL AGENCY FUNDS $1,172,459 $1,172,459 $1,172,459 Sales and Services $1,172,459 $1,172,459 $1,172,459 Sales and Services Not Itemized $1,172,459 $1,172,459 $1,172,459 TOTAL PUBLIC FUNDS $4,205,351 $4,205,351 $4,205,351 Changes to the Purpose or the Purpose Measure 74.3 SAC: The purpose of this appropriation is to provide temporary shelter, permanent housing, and essential services to homeless individuals and households, provide affordable housing to persons with special needs, assist organizations that provide affordable housing to persons with special needs, and assist individuals with locating rental properties through the Rental Access Network to locate rental properties that meet their special circumstances. The purpose will be measured by the percentage of Shelter Plus Care authorized units under contract. State General Funds $0 Changes in Operations / Administration 74.1 Change the name "Payments to the State Housing Trust Fund" program back to its original name: "Special Housing Initiatives".(G:YES)(H:YES)(S:NO) State General Funds $0 $0 $0 Changes in How the Program is Funded 74.4 Add funds to properly reflect operating budget represented in HB1026. Reserved Fund Balances Not Itemized $16,674 Intergovernmental Transfers Not Itemized $795,322 THURSDAY, MARCH 23, 2006 3969 TOTAL PUBLIC FUNDS $811,996 Changes in the Size of the Program 74.2 Provide grants for accessibility improvements at owner-occupied homes in which an individual with a physical disability resides. State General Funds $300,000 $300,000 $300,000 74. Payments to the State Housing Trust Fund Appropriation (HB1027) The purpose of this appropriation is to provide temporary shelter, permanent housing, and essential services to homeless individuals and households, provide affordable housing to persons with special needs, assist organizations that provide affordable housing to persons with special needs, and assist individuals with locating rental properties through the Rental Access Network to locate rental properties that meet their special circumstances. The purpose will be measured by the percentage of Shelter Plus Care authorized units under contract. TOTAL STATE FUNDS $3,332,892 $3,332,892 $3,332,892 State General Funds $3,332,892 $3,332,892 $3,332,892 TOTAL AGENCY FUNDS $1,172,459 $1,172,459 $1,984,455 Reserved Fund Balances $16,674 Reserved Fund Balances Not Itemized $16,674 Intergovernmental Transfers $795,322 Intergovernmental Transfers Not Itemized $795,322 Sales and Services $1,172,459 $1,172,459 $1,172,459 Sales and Services Not Itemized $1,172,459 $1,172,459 $1,172,459 TOTAL PUBLIC FUNDS $4,505,351 $4,505,351 $5,317,347 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. 3970 JOURNAL OF THE HOUSE Section 17: Community Health, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS $2,259,945,634 $2,201,858,248 $58,087,386 $4,535,269,475 $4,352,785,895 $182,483,580 $295,898,629 $14,000,000 $281,798,629 $100,000 $2,300,654,587 $9,391,768,325 TOTAL STATE FUNDS $2,388,864,892 State General Funds $2,332,920,531 Tobacco Settlement Funds $55,944,361 TOTAL FEDERAL FUNDS $4,975,746,699 Medical Assistance Program CFDA93.778 $4,785,090,058 State Children's Insurance Program CFDA93.767 $190,656,641 TOTAL AGENCY FUNDS $327,706,343 Contributions, Donations, and Forfeitures $14,000,000 Reserved Fund Balances $166,869,021 Intergovernmental Transfers $144,537,322 Sales and Services $2,300,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,762,974,808 TOTAL PUBLIC FUNDS $10,455,292,742 Departmental Administration and Program Support The purpose is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $62,221,212 Section Total - Continuation $2,259,945,634 $2,259,945,634 $2,201,858,248 $2,201,858,248 $58,087,386 $58,087,386 $4,535,269,475 $4,535,269,475 $4,352,785,895 $4,352,785,895 $182,483,580 $182,483,580 $295,898,629 $295,898,629 $14,000,000 $14,000,000 $281,798,629 $281,798,629 $100,000 $100,000 $2,300,654,587 $2,300,654,587 $9,391,768,325 $9,391,768,325 Section Total - Final $2,376,711,666 $2,384,052,563 $2,320,767,305 $2,328,108,202 $55,944,361 $55,944,361 $4,958,996,764 $4,967,404,559 $4,768,340,123 $4,776,747,918 $190,656,641 $190,656,641 $333,706,343 $327,706,343 $14,000,000 $14,000,000 $172,869,021 $166,869,021 $144,537,322 $144,537,322 $2,300,000 $2,300,000 $2,750,974,808 $2,762,703,869 $10,420,389,581 $10,441,867,334 Continuation Budget $62,221,212 $62,221,212 THURSDAY, MARCH 23, 2006 3971 State General Funds $62,221,212 $62,221,212 $62,221,212 TOTAL FEDERAL FUNDS $226,667,078 $226,667,078 $226,667,078 Medical Assistance Program CFDA93.778 $218,520,539 $218,520,539 $218,520,539 State Children's Insurance Program CFDA93.767 $8,146,539 $8,146,539 $8,146,539 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $19,158,820 $19,158,820 $19,158,820 Health Insurance Payments $19,158,820 $19,158,820 $19,158,820 TOTAL PUBLIC FUNDS $308,047,110 $308,047,110 $308,047,110 Statewide Changes 75.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $580,987 $580,987 $580,987 Medical Assistance Program CFDA93.778 $499,839 $499,839 $499,839 State Children's Insurance Program CFDA93.767 $5,563 $5,563 $5,563 Health Insurance Payments $81,443 $81,443 $81,443 TOTAL PUBLIC FUNDS $1,167,832 $1,167,832 $1,167,832 Changes in Operations / Administration 75.5 By December 1, 2006, the department shall conduct an analysis of Medicaid Buy-In programs operational in other states and shall recommend a cost-effective Medicaid Buy-In program that would allow working Georgians with disabilities to receive healthcare through Medicaid. (S:YES). Medical Assistance Program CFDA93.778 $0 Changes in the Size of the Program 75.2 Add funds for the Enrollment Broker for the Georgia Healthy Families (GHF) managed care program contract. Medical Assistance Program CFDA93.778 $8,711,128 $8,711,128 $8,711,128 Reserved Fund Balances Not Itemized $8,711,128 $8,711,128 $8,711,128 TOTAL PUBLIC FUNDS $17,422,256 $17,422,256 $17,422,256 75.3 Add funds for the DHR Right from the Start Medicaid (RSM) contract. Medical Assistance Program CFDA93.778 $3,800,000 $3,800,000 $3,800,000 Reserved Fund Balances Not Itemized $3,800,000 $3,800,000 $3,800,000 TOTAL PUBLIC FUNDS $7,600,000 $7,600,000 $7,600,000 75.4 Provide additional funds for an eligibility review contract to conduct process and systems review and audit of member records. Medical Assistance Program CFDA93.778 $1,618,872 $1,618,872 $1,618,872 3972 JOURNAL OF THE HOUSE Reserved Fund Balances Not Itemized $1,618,872 $1,618,872 $1,618,872 TOTAL PUBLIC FUNDS $3,237,744 $3,237,744 $3,237,744 75. Departmental Administration and Program Support Appropriation (HB1027) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $62,802,199 $62,802,199 $62,802,199 State General Funds $62,802,199 $62,802,199 $62,802,199 TOTAL FEDERAL FUNDS $241,302,480 $241,302,480 $241,302,480 Medical Assistance Program CFDA93.778 $233,150,378 $233,150,378 $233,150,378 State Children's Insurance Program CFDA93.767 $8,152,102 $8,152,102 $8,152,102 TOTAL AGENCY FUNDS $14,130,000 $14,130,000 $14,130,000 Reserved Fund Balances $14,130,000 $14,130,000 $14,130,000 Reserved Fund Balances Not Itemized $14,130,000 $14,130,000 $14,130,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $19,240,263 $19,240,263 $19,240,263 Health Insurance Payments $19,240,263 $19,240,263 $19,240,263 TOTAL PUBLIC FUNDS $337,474,942 $337,474,942 $337,474,942 Health Care Access and Improvement Continuation Budget The purpose is to improve the health, wellness and access to healthcare for Georgians. TOTAL STATE FUNDS $5,786,551 $5,786,551 $5,786,551 State General Funds $5,786,551 $5,786,551 $5,786,551 TOTAL FEDERAL FUNDS $549,838 $549,838 $549,838 Medical Assistance Program CFDA93.778 $549,838 $549,838 $549,838 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Sales and Services $100,000 $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $6,436,389 $6,436,389 $6,436,389 Statewide Changes 76.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $63,066 $63,066 $63,066 Changes in the Size of the Program 76.2 Provide funds for primary health care to establish a statewide EMR system to link to federally qualified Community Health Centers. THURSDAY, MARCH 23, 2006 3973 State General Funds $1,500,000 $500,000 76.3 Provide funds for the Cancer Research and Education Facility in Savannah. State General Funds $500,000 $0 76.4 Provide funds to upgrade the cancer treatment center at Oconee Regional Medical Center. State General Funds $150,000 $50,000 76.5 Provide funds for the Southwest Georgia Cancer Coalition. State General Funds $250,000 76.6 Support the operation of Hughes Spalding Children's Hospital. (S:Transfer from Indigent Care Trust Fund.) State General Funds $3,750,000 76.7 Provide additional funds to support the Georgia Statewide Area Health Education Center (AHEC) Network. State General Funds $300,000 76. Health Care Access and Improvement Appropriation (HB1027) The purpose of this appropriation is to improve the health, wellness and access to healthcare for Georgians. TOTAL STATE FUNDS $5,849,617 $7,999,617 $10,699,617 State General Funds $5,849,617 $7,999,617 $10,699,617 TOTAL FEDERAL FUNDS $549,838 $549,838 $549,838 Medical Assistance Program CFDA93.778 $549,838 $549,838 $549,838 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Sales and Services $100,000 $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $6,499,455 $8,649,455 $11,349,455 Indigent Care Trust Fund Continuation Budget 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. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $219,438,624 $219,438,624 $219,438,624 Medical Assistance Program CFDA93.778 $219,438,624 $219,438,624 $219,438,624 TOTAL AGENCY FUNDS $148,828,880 $148,828,880 $148,828,880 Contributions, Donations, and Forfeitures $14,000,000 $14,000,000 $14,000,000 Contributions, Donations, and Forfeitures Not Itemized $14,000,000 $14,000,000 $14,000,000 3974 JOURNAL OF THE HOUSE Intergovernmental Transfers $134,828,880 $134,828,880 $134,828,880 Intergovernmental Transfers Not Itemized $134,828,880 $134,828,880 $134,828,880 TOTAL PUBLIC FUNDS $368,267,504 $368,267,504 $368,267,504 Changes to the Purpose or the Purpose Measure 77.7 SAC: The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. The purpose will be measured by the number and dollar amount of claims paid to hospitals for indigent care patients. House: To support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. State General Funds $0 $0 Changes in How the Program is Funded 77.1 Eliminate funding from Disproportionate Share Hospital (DSH) payments used to support Right from the Start Medicaid (RSM) Benefit Expansion based on revised federal policy. RSM will be funded in the Low Income Medicaid Program with State Funds. Medical Assistance Program CFDA93.778 ($35,128,020) ($35,128,020) ($35,128,020) Intergovernmental Transfers Not Itemized ($22,000,000) ($22,000,000) ($22,000,000) TOTAL PUBLIC FUNDS ($57,128,020) ($57,128,020) ($57,128,020) 77.2 Add funding to reflect revised federal policy on projected payments to Disproportionate Share Hospitals. Medical Assistance Program CFDA93.778 $72,630,396 $72,630,396 $72,630,396 Intergovernmental Transfers Not Itemized $35,508,442 $35,508,442 $35,508,442 TOTAL PUBLIC FUNDS $108,138,838 $108,138,838 $108,138,838 77.3 Add funds to reflect new CMO provider fee based on 6% of their revenue beginning April 2006. State General Funds $145,500,635 $145,500,635 $145,500,635 Medical Assistance Program CFDA93.778 $232,324,956 $232,324,956 $232,324,956 TOTAL PUBLIC FUNDS $377,825,591 $377,825,591 $377,825,591 77.4 Reflect projected revenue from ambulance licensing fees. Medical Assistance Program CFDA93.778 $3,512,802 $3,512,802 $3,512,802 Sales and Services Not Itemized $2,200,000 $2,200,000 $2,200,000 TOTAL PUBLIC FUNDS $5,712,802 $5,712,802 $5,712,802 THURSDAY, MARCH 23, 2006 3975 77.5 Reflect reduction of Disproportionate Share Hospital (DSH) payments used for Right from the Start Medicaid eligibility services performed by the Department of Human Resources. RSM will be funded in the Low Income Medicaid Program with State Funds. Medical Assistance Program CFDA93.778 ($3,800,000) ($3,800,000) ($3,800,000) Intergovernmental Transfers Not Itemized ($3,800,000) ($3,800,000) ($3,800,000) TOTAL PUBLIC FUNDS ($7,600,000) ($7,600,000) ($7,600,000) Changes in the Size of the Program 77.6 Support the operation of Hughes Spalding Children's Hospital. (S:Move to Health Care Access and Improvement.) State General Funds $3,750,000 $3,750,000 $0 77. Indigent Care Trust Fund Appropriation (HB1027) The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. The purpose will be measured by the number and dollar amount of claims paid to hospitals for indigent care patients. TOTAL STATE FUNDS $149,250,635 $149,250,635 $145,500,635 State General Funds $149,250,635 $149,250,635 $145,500,635 TOTAL FEDERAL FUNDS $488,978,758 $488,978,758 $488,978,758 Medical Assistance Program CFDA93.778 $488,978,758 $488,978,758 $488,978,758 TOTAL AGENCY FUNDS $160,737,322 $160,737,322 $160,737,322 Contributions, Donations, and Forfeitures $14,000,000 $14,000,000 $14,000,000 Contributions, Donations, and Forfeitures Not Itemized $14,000,000 $14,000,000 $14,000,000 Intergovernmental Transfers $144,537,322 $144,537,322 $144,537,322 Intergovernmental Transfers Not Itemized $144,537,322 $144,537,322 $144,537,322 Sales and Services $2,200,000 $2,200,000 $2,200,000 Sales and Services Not Itemized $2,200,000 $2,200,000 $2,200,000 TOTAL PUBLIC FUNDS $798,966,715 $798,966,715 $795,216,715 Medicaid: Aged, Blind, and Disabled Continuation Budget The purpose is to provide health care access primarily to elderly and disabled individuals. TOTAL STATE FUNDS $897,259,297 $897,259,297 $897,259,297 State General Funds $895,116,272 $895,116,272 $895,116,272 Tobacco Settlement Funds $2,143,025 $2,143,025 $2,143,025 TOTAL FEDERAL FUNDS $2,327,230,795 $2,327,230,795 $2,327,230,795 3976 JOURNAL OF THE HOUSE Medical Assistance Program CFDA93.778 $2,327,230,795 $2,327,230,795 $2,327,230,795 TOTAL AGENCY FUNDS $91,726,671 $91,726,671 $91,726,671 Intergovernmental Transfers $91,726,671 $91,726,671 $91,726,671 Intergovernmental Transfers Not Itemized $91,726,671 $91,726,671 $91,726,671 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $270,155,171 $270,155,171 $270,155,171 Optional Medicaid Services Payments $270,155,171 $270,155,171 $270,155,171 TOTAL PUBLIC FUNDS $3,586,371,934 $3,586,371,934 $3,586,371,934 Changes in Who is Served by the Program 78.1 Reduce Medicaid cost based on performing an eligibility review/audit of the eligibility system and members.(G:Assume 0.9% impact on eligibility.)(S:Assume 1.0% impact on eligibility.) State General Funds ($6,250,000) ($6,843,750) ($7,732,148) Medical Assistance Program CFDA93.778 ($9,979,551) ($10,927,608) ($12,346,138) TOTAL PUBLIC FUNDS ($16,229,551) ($17,771,358) ($20,078,286) Changes in Operations / Administration 78.2 Perform voluntary interim hospital cost settlements based on "as-filed" cost reports to recover funds from provider over-payment for years of service FY2002 to FY2005. State General Funds ($26,229,750) ($32,249,752) ($26,229,750) Medical Assistance Program CFDA93.778 ($41,881,779) ($51,494,085) ($41,881,779) TOTAL PUBLIC FUNDS ($68,111,529) ($83,743,837) ($68,111,529) 78.3 Reduce Medicaid benefit costs by implementing an Administrative Services Organization model as a gatekeeper and manager of services. Assumes reduction of expenditures by 8%. State General Funds ($20,000,000) ($24,847,200) ($22,500,000) Medical Assistance Program CFDA93.778 ($31,934,562) ($39,674,223) ($35,926,380) TOTAL PUBLIC FUNDS ($51,934,562) ($64,521,423) ($58,426,380) 78.4 Update nursing home reimbursement rates to the FY2004 cost reports. (H and S:Update nursing homes fees to the FY2005 cost reports using 5.83% growth allowance from increasing nursing home provider fee from $9.15 to $12.74.) State General Funds $20,030,472 $20,030,472 $20,030,472 Medical Assistance Program CFDA93.778 $31,983,218 $31,983,218 $31,983,218 TOTAL PUBLIC FUNDS $52,013,690 $52,013,690 $52,013,690 THURSDAY, MARCH 23, 2006 3977 Changes in How the Program is Funded 78.5 Add funds to replace the loss of Upper Payment Limit (UPL) funds. Per agreement with CMS about the states continuation of the UPL Program, the practice of overmatching ended July 1, 2005. State General Funds $91,726,671 $90,000,000 $90,000,000 Intergovernmental Transfers Not Itemized ($91,726,671) ($91,726,671) ($91,726,671) TOTAL PUBLIC FUNDS $0 ($1,726,671) ($1,726,671) 78.6 Adjust funds needed for match in Medicaid benefits due to change in the federal match rate from 0.6056 to 0.6149. State General Funds ($36,545,869) ($36,545,869) ($36,545,869) Medical Assistance Program CFDA93.778 $36,545,869 $36,545,869 $36,545,869 TOTAL PUBLIC FUNDS $0 $0 $0 78.7 Change fund sources to support Independent Care Waiver Slots. State General Funds $2,143,025 $2,143,025 $2,143,025 Tobacco Settlement Funds ($2,143,025) ($2,143,025) ($2,143,025) TOTAL PUBLIC FUNDS $0 $0 $0 78.8 Use savings generated from Medicaid efficiencies to fully fund additional Medicaid needs: Recovery of Overpayments, Expenditures less than budget, Drug Rebates in excess of budget, cost settlements collected early, Accounts Receivable Balances. State General Funds ($73,645,233) ($79,645,233) ($76,645,233) Reserved Fund Balances Not Itemized $73,645,233 $79,645,233 $73,645,233 TOTAL PUBLIC FUNDS $0 $0 ($3,000,000) Changes in What Services are Offered 78.9 Fund an additional $20 monthly supplement for nursing home residents who receive Supplemental Security Income to purchase personal items such as shampoo and toothpaste. (H and S:Fund a monthly supplement of $20 to be used by all persons on Medical Assistance in nursing homes, as well as those in the hospice program in nursing home settings.) State General Funds $1,044,962 $3,174,962 $3,174,962 Changes in the Size of the Program 78.10 Increase funds in Medicaid benefits to reflect projected growth in FY2007. (G and H:Assume 5.7% growth.)(S:Assume 5.5% growth.) State General Funds $141,544,540 $141,544,540 $137,719,745 Medical Assistance Program CFDA93.778 $271,670,900 $271,670,900 $263,958,886 Optional Medicaid Services Payments $28,597,701 $28,597,701 $27,594,272 3978 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $441,813,141 $441,813,141 $429,272,903 78.11 Realign funds to project balance between Medicaid programs. State General Funds ($32,537,965) ($32,537,965) Medical Assistance Program CFDA93.778 ($51,878,676) ($51,878,676) Optional Medicaid Services Payments $0 $0 TOTAL PUBLIC FUNDS ($84,416,641) ($84,416,641) 78.12 Add 152 new slots to the Independent Care Waiver Program (ICWP) for Disabilities and Traumatic Brain Injuries. (S:10 slots annualized from HB1026 and 142 new slots.) State General Funds $3,286,957 $3,286,957 Medical Assistance Program CFDA93.778 $5,248,376 $5,248,376 TOTAL PUBLIC FUNDS $8,535,333 $8,535,333 78. Medicaid: Aged, Blind, and Disabled Appropriation (HB1027) The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. TOTAL STATE FUNDS $988,935,090 $942,626,459 $949,280,468 State General Funds $988,935,090 $942,626,459 $949,280,468 TOTAL FEDERAL FUNDS $2,583,634,890 $2,518,704,566 $2,522,934,171 Medical Assistance Program CFDA93.778 $2,583,634,890 $2,518,704,566 $2,522,934,171 TOTAL AGENCY FUNDS $73,645,233 $79,645,233 $73,645,233 Reserved Fund Balances $73,645,233 $79,645,233 $73,645,233 Reserved Fund Balances Not Itemized $73,645,233 $79,645,233 $73,645,233 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $298,752,872 $298,752,872 $297,749,443 Optional Medicaid Services Payments $298,752,872 $298,752,872 $297,749,443 TOTAL PUBLIC FUNDS $3,944,968,085 $3,839,729,130 $3,843,609,315 Medicaid: Low-Income Medicaid Continuation Budget The purpose is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $1,085,234,722 $1,085,234,722 $1,085,234,722 State General Funds $1,034,261,066 $1,034,261,066 $1,034,261,066 Tobacco Settlement Funds $50,973,656 $50,973,656 $50,973,656 TOTAL FEDERAL FUNDS $1,439,078,743 $1,439,078,743 $1,439,078,743 Medical Assistance Program CFDA93.778 $1,439,078,743 $1,439,078,743 $1,439,078,743 TOTAL AGENCY FUNDS $55,243,078 $55,243,078 $55,243,078 THURSDAY, MARCH 23, 2006 3979 Intergovernmental Transfers $55,243,078 $55,243,078 $55,243,078 Intergovernmental Transfers Not Itemized $55,243,078 $55,243,078 $55,243,078 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $51,458,128 $51,458,128 $51,458,128 Optional Medicaid Services Payments $51,458,128 $51,458,128 $51,458,128 TOTAL PUBLIC FUNDS $2,631,014,671 $2,631,014,671 $2,631,014,671 Changes in Who is Served by the Program 79.1 Reduce Medicaid cost based on performing an eligibility review/audit of the eligibility system and members. (G:Assume 0.9% impact on eligibility.)(S:Assume 1.0% impact on eligibility.) State General Funds ($18,750,000) ($20,531,250) ($19,935,919) Medical Assistance Program CFDA93.778 ($29,938,652) ($32,782,824) ($31,832,244) TOTAL PUBLIC FUNDS ($48,688,652) ($53,314,074) ($51,768,163) Changes in Operations / Administration 79.2 Perform voluntary interim hospital cost settlements based on "as-filed" cost reports to recover funds from provider over-payment for years of service FY2002 to FY2005. State General Funds ($44,363,597) ($48,245,103) ($44,363,597) Medical Assistance Program CFDA93.778 ($70,836,603) ($77,034,312) ($70,836,603) TOTAL PUBLIC FUNDS ($115,200,200) ($125,279,415) ($115,200,200) 79.3 Add funds for additional costs to move from cash to accrual basis in order to reimburse capitation payments to CMO providers. DCH Medicaid benefits budget has been on a cash basis since FY2002. The capitation payments are on accrual basis. State General Funds $102,514,604 $102,514,604 $102,514,604 Medical Assistance Program CFDA93.778 $163,687,951 $163,687,951 $163,687,951 TOTAL PUBLIC FUNDS $266,202,555 $266,202,555 $266,202,555 79.4 Reduce Medicaid benefits funds based on projected savings from implementation of the Managed Care Model. This program began January 1, 2006, in two regional locations - Atlanta and Central regions. In FY2007 the program will be statewide. State General Funds ($78,459,736) ($78,459,736) ($78,459,736) Medical Assistance Program CFDA93.778 ($125,278,867) ($125,278,867) ($125,278,867) TOTAL PUBLIC FUNDS ($203,738,603) ($203,738,603) ($203,738,603) 3980 JOURNAL OF THE HOUSE Changes in How the Program is Funded 79.5 Replace funds eliminated in Indigent Care Trust Funds for Right from the Start Medicaid (RSM) due to federal policy changes in the Disproportionate Share Hospital (DSH) program. State General Funds $22,000,000 $22,000,000 $22,000,000 Medical Assistance Program CFDA93.778 $35,128,019 $35,128,019 $35,128,019 TOTAL PUBLIC FUNDS $57,128,019 $57,128,019 $57,128,019 79.6 Add funds to replace the loss of Upper Payment Limit (UPL) funds for pregnant women and children. Per agreement with CMS about the state's continuation of the UPL program, the practice of overmatching ended on July 1, 2005. State General Funds $55,243,078 $55,243,078 $55,243,078 Intergovernmental Transfers Not Itemized ($55,243,078) ($55,243,078) ($55,243,078) TOTAL PUBLIC FUNDS $0 $0 $0 79.7 Reduce funds and increase federal funds needed for match in Medicaid benefits due to change in the federal match rate from 0.6056 to 0.6149. State General Funds ($24,016,224) ($24,016,224) ($24,016,224) Medical Assistance Program CFDA93.778 $24,016,224 $24,016,224 $24,016,224 TOTAL PUBLIC FUNDS $0 $0 $0 79.8 Add funds to reflect new CMO provider fee based on 6% of their revenue. State General Funds ($145,500,635) ($145,500,635) ($145,500,635) Medical Assistance Program CFDA93.778 ($232,324,956) ($232,324,956) ($232,324,956) TOTAL PUBLIC FUNDS ($377,825,591) ($377,825,591) ($377,825,591) 79.9 Transfer funds from the Department of Human Resources Community Services Adult program to implement Georgia Healthy Families which serves Medicaid clients who receive mental health services. (S:Change in CMO implementation dates for the six regions in the state.) State General Funds $17,910,517 $17,910,517 $17,178,027 Optional Medicaid Services Payments ($17,910,517) ($17,910,517) ($17,178,027) TOTAL PUBLIC FUNDS $0 $0 $0 79.10 Use savings generated from Medicaid efficiencies to fully fund additional Medicaid needs: Recovery of Overpayments, Expenditures less than budget, Drug Rebates in excess of budget, costs settlements collected early and Accounts Receivable balances. State General Funds ($79,093,788) ($79,093,788) ($79,093,788) THURSDAY, MARCH 23, 2006 3981 Reserved Fund Balances Not Itemized $79,093,788 $79,093,788 $79,093,788 TOTAL PUBLIC FUNDS $0 $0 $0 Changes in the Size of the Program 79.11 Increase reimbursement rate for Health Checks for children ages 0 to 8. (S:Increase rate from $55.38 to $67.38.) State General Funds $1,000,000 $1,857,521 Medical Assistance Program CFDA93.778 $1,596,728 $2,983,555 TOTAL PUBLIC FUNDS $2,596,728 $4,841,076 79.12 Fund Medicaid costs associated with the expansion of the newborn screening program administered by the Department of Human Resources. (S:Reflect change in implementation date from July 2006 to January 2007.) State General Funds $998,384 $498,384 $449,192 Medical Assistance Program CFDA93.778 $1,594,148 $795,784 $717,237 TOTAL PUBLIC FUNDS $2,592,532 $1,294,168 $1,166,429 79.13 Increase funds in Medicaid Benefits to reflect projected growth. (G and H:Assume 5.7% growth.)(S:Assume 5.5% growth.) State General Funds $79,618,711 $79,618,711 $76,891,893 Medical Assistance Program CFDA93.778 $127,129,435 $127,129,435 $122,851,056 TOTAL PUBLIC FUNDS $206,748,146 $206,748,146 $199,742,949 79.14 Realign funds to project balance between Medicaid programs. State General Funds $32,537,965 $32,537,965 Medical Assistance Program CFDA93.778 $51,878,676 $51,878,676 TOTAL PUBLIC FUNDS $84,416,641 $84,416,641 79.15 Provide dental coverage for Medicaid eligible pregnant women, limited to these codes: 0120, 0150, 0180, 1204, 0110, 2330, 2331, 2332, 2140, 2150, 2160, 2161, 2335, 2391, 2392, 2393, 2394, 4240, 4241, 4910, 4341, 4342, 7286, 9110, and 9215. State General Funds $2,500,000 $2,500,000 Medical Assistance Program CFDA93.778 $3,991,820 $3,991,820 TOTAL PUBLIC FUNDS $6,491,820 $6,491,820 79.16 Increase reimbursement rate for Speech Therapy visits. State General Funds $346,590 $346,590 Medical Assistance Program CFDA93.778 $553,410 $553,410 TOTAL PUBLIC FUNDS $900,000 $900,000 3982 JOURNAL OF THE HOUSE 79. Medicaid: Low-Income Medicaid Appropriation (HB1027) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $973,336,036 $1,003,557,835 $1,005,383,693 State General Funds $922,362,380 $952,584,179 $954,410,037 Tobacco Settlement Funds $50,973,656 $50,973,656 $50,973,656 TOTAL FEDERAL FUNDS $1,332,255,442 $1,380,435,831 $1,384,614,021 Medical Assistance Program CFDA93.778 $1,332,255,442 $1,380,435,831 $1,384,614,021 TOTAL AGENCY FUNDS $79,093,788 $79,093,788 $79,093,788 Reserved Fund Balances $79,093,788 $79,093,788 $79,093,788 Reserved Fund Balances Not Itemized $79,093,788 $79,093,788 $79,093,788 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $33,547,611 $33,547,611 $34,280,101 Optional Medicaid Services Payments $33,547,611 $33,547,611 $34,280,101 TOTAL PUBLIC FUNDS $2,418,232,877 $2,496,635,065 $2,503,371,603 Nursing Home Provider Fees Continuation Budget 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 STATE FUNDS $100,229,284 $100,229,284 $100,229,284 State General Funds $100,229,284 $100,229,284 $100,229,284 TOTAL FEDERAL FUNDS $147,967,356 $147,967,356 $147,967,356 Medical Assistance Program CFDA93.778 $147,967,356 $147,967,356 $147,967,356 TOTAL PUBLIC FUNDS $248,196,640 $248,196,640 $248,196,640 Changes in How the Program is Funded 80.2 Update nursing home reimbursement rates to the FY 2005 cost reports using 5.83% growth allowance by increasing nursing home provider fees from $9.15 to $12.74. State General Funds $0 80.3 Increase reimbursement rates to nursing homes to reflect the Medicaid share of the additional provider fee cost. State General Funds $0 Changes in the Size of the Program 80.1 Adjust to reflect actual nursing home provider fee revenue in FY 2007. State General Funds ($942,108) ($942,108) ($942,108) THURSDAY, MARCH 23, 2006 3983 Medical Assistance Program CFDA93.778 ($1,446,604) ($1,446,604) ($1,446,604) TOTAL PUBLIC FUNDS ($2,388,712) ($2,388,712) ($2,388,712) 80. Nursing Home Provider Fees Appropriation (HB1027) 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 STATE FUNDS $99,287,176 $99,287,176 $99,287,176 State General Funds $99,287,176 $99,287,176 $99,287,176 TOTAL FEDERAL FUNDS $146,520,752 $146,520,752 $146,520,752 Medical Assistance Program CFDA93.778 $146,520,752 $146,520,752 $146,520,752 TOTAL PUBLIC FUNDS $245,807,928 $245,807,928 $245,807,928 PeachCare Continuation Budget The purpose is to offer comprehensive health care to uninsured children living in Georgia. TOTAL STATE FUNDS $67,159,673 $67,159,673 $67,159,673 State General Funds $62,188,968 $62,188,968 $62,188,968 Tobacco Settlement Funds $4,970,705 $4,970,705 $4,970,705 TOTAL FEDERAL FUNDS $174,337,041 $174,337,041 $174,337,041 State Children's Insurance Program CFDA93.767 $174,337,041 $174,337,041 $174,337,041 TOTAL PUBLIC FUNDS $241,496,714 $241,496,714 $241,496,714 Changes to the Purpose or the Purpose Measure 81.2 SAC: The purpose of this appropriation is to improve access to healthcare for qualified low-income families. House: To improve access to healthcare for qualified low-income families. State General Funds $0 $0 Changes in Operations / Administration 81.3 Restore the dental codes cut in the FY2006 budget in the PeachCare dental budget using funds already included in the CMO rates as members move into risk-based managed care. State General Funds $0 $0 Changes in How the Program is Funded 81.1 Increase federal funds needed for match in PeachCare benefits due to change in the federal match rate from 0.7240 to 0.7310. State Children's Insurance Program CFDA93.767 $8,167,498 $8,167,498 $8,167,498 3984 JOURNAL OF THE HOUSE 81. PeachCare Appropriation (HB1027) The purpose of this appropriation is to improve access to healthcare for qualified low-income families. TOTAL STATE FUNDS $67,159,673 $67,159,673 $67,159,673 State General Funds $62,188,968 $62,188,968 $62,188,968 Tobacco Settlement Funds $4,970,705 $4,970,705 $4,970,705 TOTAL FEDERAL FUNDS $182,504,539 $182,504,539 $182,504,539 State Children's Insurance Program CFDA93.767 $182,504,539 $182,504,539 $182,504,539 TOTAL PUBLIC FUNDS $249,664,212 $249,664,212 $249,664,212 State Health Benefit Plan Continuation Budget 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,959,882,468 $1,959,882,468 $1,959,882,468 Health Insurance Payments $1,959,882,468 $1,959,882,468 $1,959,882,468 TOTAL PUBLIC FUNDS $1,959,882,468 $1,959,882,468 $1,959,882,468 Statewide Changes 82.1 GTA, GBA, WC, COLA, SHBP and Annualizer Health Insurance Payments $206,991,162 $206,991,162 $206,991,162 Changes to the Purpose or the Purpose Measure 82.5 SAC: The purpose of this appropriation is to provide a healthcare benefit that is competitive with other commercial benefit plans in quality of care, access to providers and efficient management of provider fees and utilization. It is the intent of this General Assembly that the employer contribution rate for the teachers' and state employees' health benefit plan for calendar year 2006 shall not exceed 16.713%. House: To provide a healthcare benefit that is competitive with other commercial benefit plans in quality of care, access to providers and efficient management of provider fees and utilization. It is the intent of this General Assembly that the employer contribution rate for the teachers' and state employees' health benefit plan for calendar year 2006 shall not exceed 16.713%. State General Funds $0 $0 THURSDAY, MARCH 23, 2006 3985 Changes in Operations / Administration 82.2 Increase funds to reflect appropriated employer contributions and employee premiums for the State Health Benefit Plan. Health Insurance Payments $244,560,432 $244,560,432 $244,560,432 82.3 The Department of Community Health and the Board of Regents shall offer a Health Reimbursement Arrangement (HRA) for every SHBP participant and fund a Health Incentive Account (HIA) that rewards changed behaviors of plan participants that have demonstrated savings. Health Insurance Payments ($2,500,000) $0 Changes in the Size of the Program 82.4 Remove prior approval for Omeprazole OTC as the only PPI paid for in the SHBP and the Board of Regents Plan. Health Insurance Payments ($9,500,000) $0 82. State Health Benefit Plan Appropriation (HB1027) The purpose of this appropriation is to provide a healthcare benefit that is competitive with other commercial benefit plans in quality of care, access to providers and efficient management of provider fees and utilization. It is the intent of this General Assembly that the employer contribution rate for the teachers' and state employees' health benefit plan for calendar year 2006 shall not exceed 16.713%. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,411,434,062 $2,399,434,062 $2,411,434,062 Health Insurance Payments $2,411,434,062 $2,399,434,062 $2,411,434,062 TOTAL PUBLIC FUNDS $2,411,434,062 $2,399,434,062 $2,411,434,062 Composite Board of Medical Examiners Continuation Budget 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 STATE FUNDS $2,135,705 $2,135,705 $2,135,705 State General Funds $2,135,705 $2,135,705 $2,135,705 TOTAL PUBLIC FUNDS $2,135,705 $2,135,705 $2,135,705 Statewide Changes 83.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $64,850 $64,850 $64,850 3986 JOURNAL OF THE HOUSE Changes to the Purpose or the Purpose Measure 83.4 SAC: The purpose of this appropriation is to protect the public's health by ensuring healthcare practitioners are qualified to practice in the State of Georgia. House: To protect the public's health by ensuring healthcare practitioners are qualified to practice in the State of Georgia. State General Funds $0 $0 Changes in Operations / Administration 83.2 Reduce funding to reflect addition of an interactive voice response system (IVR) to enhance customer service. State General Funds ($3,000) ($3,000) ($3,000) Changes in the Size of the Program 83.3 Add funding for reviews when a physician has practiced medicine below acceptable standards. State General Funds $5,000 $5,000 $5,000 83. Composite Board of Medical Examiners Appropriation (HB1027) The purpose of this appropriation is to protect the public's health by ensuring healthcare practitioners are qualified to practice in the State of Georgia. TOTAL STATE FUNDS $2,202,555 $2,202,555 $2,202,555 State General Funds $2,202,555 $2,202,555 $2,202,555 TOTAL PUBLIC FUNDS $2,202,555 $2,202,555 $2,202,555 Physician Workforce, Georgia Board of: Board Continuation Budget The purpose is to provide support services to the programs of the Georgia Board of Physician Workforce. TOTAL STATE FUNDS $533,241 $533,241 $533,241 State General Funds $533,241 $533,241 $533,241 TOTAL PUBLIC FUNDS $533,241 $533,241 $533,241 Statewide Changes 84.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $26,214 $26,214 $26,214 Changes to the Purpose or the Purpose Measure 84.2 SAC: The purpose of this appropriation is to provide administrative support to all agency programs. The purpose will be measured by the agency administrative costs as a percent of total agency cost. House: To provide administrative support to all agency programs. State General Funds $0 $0 THURSDAY, MARCH 23, 2006 3987 84. Physician Workforce, Georgia Board of: Board Appropriation (HB1027) Administration The purpose of this appropriation is to provide administrative support to all agency programs. The purpose will be measured by the agency administrative costs as a percent of total agency cost. TOTAL STATE FUNDS $559,455 $559,455 $559,455 State General Funds $559,455 $559,455 $559,455 TOTAL PUBLIC FUNDS $559,455 $559,455 $559,455 Physician Workforce, Georgia Board of: Graduate Medical Continuation Budget 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 STATE FUNDS $6,501,965 $6,501,965 $6,501,965 State General Funds $6,501,965 $6,501,965 $6,501,965 TOTAL PUBLIC FUNDS $6,501,965 $6,501,965 $6,501,965 Changes to the Purpose or the Purpose Measure 85.4 SAC: The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical education programs. House: To address the physician workforce needs of Georgia communities through the support and development of medical education programs. State General Funds $0 $0 Changes in the Size of the Program 85.1 Provide funds to increase the size of the Pediatric Residency Program at the Medical Center of Central Georgia. State General Funds $36,579 $36,579 $36,579 85.2 Fund a 4% increase in the capitation rates for the Family Practice Residency program. (S:2% increase.) State General Funds $159,280 $79,640 85.3 Fund a 4% increase in the capitation rates for the Pediatrics Residency program. (S:2% increase.) State General Funds $72,291 $36,146 85. Physician Workforce, Georgia Board of: Graduate Appropriation (HB1027) Medical Education The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical education programs. 3988 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $6,538,544 $6,770,115 $6,654,330 State General Funds $6,538,544 $6,770,115 $6,654,330 TOTAL PUBLIC FUNDS $6,538,544 $6,770,115 $6,654,330 Physician Workforce, Georgia Board of: Mercer School of Continuation Budget Medicine Grant The purpose is to recruit and train students as physicians committed to the primary healthcare needs of underserved Georgians. TOTAL STATE FUNDS $17,960,862 $17,960,862 $17,960,862 State General Funds $17,960,862 $17,960,862 $17,960,862 TOTAL PUBLIC FUNDS $17,960,862 $17,960,862 $17,960,862 Changes to the Purpose or the Purpose Measure 86.2 SAC: The Mercer University School of Medicine Program of the GBPW helps ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with Mercer University School of Medicine. House: The Mercer University School of Medicine Program of the GBPW helps ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with Mercer University School of Medicine. State General Funds $0 $0 Changes in the Size of the Program 86.1 Increase operating grant. State General Funds $0 $1,000,000 $1,100,000 86. Physician Workforce, Georgia Board of: Mercer School of Appropriation (HB1027) Medicine Grant The Mercer University School of Medicine Program of the GBPW helps ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with Mercer University School of Medicine. TOTAL STATE FUNDS $17,960,862 $18,960,862 $19,060,862 State General Funds $17,960,862 $18,960,862 $19,060,862 TOTAL PUBLIC FUNDS $17,960,862 $18,960,862 $19,060,862 Physician Workforce, Georgia Board of: Morehouse School of Continuation Budget Medicine Grant THURSDAY, MARCH 23, 2006 3989 The purpose is to recruit and train students as physicians committed to the primary healthcare needs of underserved Georgians. TOTAL STATE FUNDS $10,141,628 $10,141,628 $10,141,628 State General Funds $10,141,628 $10,141,628 $10,141,628 TOTAL PUBLIC FUNDS $10,141,628 $10,141,628 $10,141,628 Changes to the Purpose or the Purpose Measure 87.2 SAC: The Morehouse School of Medicine Program of the GBPW helps ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with Morehouse School of Medicine. House: The Morehouse School of Medicine Program of the GBPW helps ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with Morehouse School of Medicine. State General Funds $0 $0 Changes in the Size of the Program 87.1 Increase operating grant. State General Funds $0 $405,665 $405,665 87. Physician Workforce, Georgia Board of: Morehouse Appropriation (HB1027) School of Medicine Grant The Morehouse School of Medicine Program of the GBPW helps ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with Morehouse School of Medicine. TOTAL STATE FUNDS $10,141,628 $10,547,293 $10,547,293 State General Funds $10,141,628 $10,547,293 $10,547,293 TOTAL PUBLIC FUNDS $10,141,628 $10,547,293 $10,547,293 Physician Workforce, Georgia Board of: Undergraduate Continuation Budget 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 STATE FUNDS $3,428,706 $3,428,706 $3,428,706 State General Funds $3,428,706 $3,428,706 $3,428,706 TOTAL PUBLIC FUNDS $3,428,706 $3,428,706 $3,428,706 3990 JOURNAL OF THE HOUSE Changes to the Purpose or the Purpose Measure 88.2 SAC: The purpose of this appropriation is to ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with certain private medical schools in Georgia. The purpose will be measured by the number of medical students entering core specialty residency programs upon graduation from medical school. House: To ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with certain private medical schools in Georgia. State General Funds $0 $0 Changes in the Size of the Program 88.1 Fund a 4% increase in the capitation rates for the Georgia Medical Student program(S:2% increase). State General Funds $0 $146,370 $73,185 88. Physician Workforce, Georgia Board of: Undergraduate Appropriation (HB1027) Medical Education The purpose of this appropriation is to ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with certain private medical schools in Georgia. The purpose will be measured by the number of medical students entering core specialty residency programs upon graduation from medical school. TOTAL STATE FUNDS $3,428,706 $3,575,076 $3,501,891 State General Funds $3,428,706 $3,575,076 $3,501,891 TOTAL PUBLIC FUNDS $3,428,706 $3,575,076 $3,501,891 Medical Education Board, State Continuation Budget 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 STATE FUNDS $1,352,788 $1,352,788 $1,352,788 State General Funds $1,352,788 $1,352,788 $1,352,788 TOTAL PUBLIC FUNDS $1,352,788 $1,352,788 $1,352,788 Statewide Changes 89.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $9,928 $9,928 $9,928 THURSDAY, MARCH 23, 2006 3991 Changes to the Purpose or the Purpose Measure 89.5 SAC: The purpose of this appropriation is to ensure an adequate supply of physician in rural areas of the state; and to provide a program to aid promising medical students. The purpose will be measured the number of physicians in rural areas. House: To ensure an adequate supply of physician in rural areas of the state; and to provide a program to aid promising medical students. State General Funds $0 $0 Changes in the Size of the Program 89.2 Increase contract with the Georgia Student Finance Commission for monitoring of outstanding loan repayment collections. State General Funds $15,000 $15,000 $15,000 89.3 Increase funding for the Medical Fair to get doctors to practice in rural areas of Georgia. State General Funds $20,000 $20,000 $20,000 89.4 Provide additional funds for physicians seeking to practice in rural Georgia by assisting with medical debt payments. State General Funds $15,000 $15,000 $15,000 89. Medical Education Board, State Appropriation (HB1027) The purpose of this appropriation is to ensure an adequate supply of physician in rural areas of the state; and to provide a program to aid promising medical students. The purpose will be measured the number of physicians in rural areas. TOTAL STATE FUNDS $1,412,716 $1,412,716 $1,412,716 State General Funds $1,412,716 $1,412,716 $1,412,716 TOTAL PUBLIC FUNDS $1,412,716 $1,412,716 $1,412,716 This paragraph applies to and only to the appropriations for the "MEDICAID: LOW-INCOME 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. 3992 JOURNAL OF THE HOUSE Section 18: Corrections, Department of Section Total - Continuation TOTAL STATE FUNDS $927,228,065 $927,228,065 $927,228,065 State General Funds $927,228,065 $927,228,065 $927,228,065 TOTAL FEDERAL FUNDS $10,316,943 $10,316,943 $10,316,943 Federal Funds Not Itemized $10,316,943 $10,316,943 $10,316,943 TOTAL AGENCY FUNDS $21,256,350 $21,256,350 $21,256,350 Royalties and Rents $3,837,834 $3,837,834 $3,837,834 Sales and Services $17,418,516 $17,418,516 $17,418,516 TOTAL PUBLIC FUNDS $958,801,358 $958,801,358 $958,801,358 Section Total - Final TOTAL STATE FUNDS $997,005,543 $992,852,094 $994,306,209 State General Funds $997,005,543 $992,852,094 $994,306,209 TOTAL FEDERAL FUNDS $6,448,312 $6,448,312 $11,435,687 Federal Funds Not Itemized $6,448,312 $6,448,312 $11,433,276 Federal Highway Administration Planning & Construction $2,411 CFDA20.205 TOTAL AGENCY FUNDS $20,603,800 $20,603,800 $36,024,102 Reserved Fund Balances $214,865 $214,865 $214,865 Royalties and Rents $3,462,003 $3,462,003 $6,520,742 Sales and Services $16,926,932 $16,926,932 $29,288,495 TOTAL PUBLIC FUNDS $1,024,057,655 $1,019,904,206 $1,041,765,998 Bainbridge Probation Substance Abuse Treatment Center Continuation Budget The purpose is to provide a sanctioning option for probationers who require more security and supervision than provided by regular community supervision. TOTAL STATE FUNDS $3,226,673 $3,226,673 $3,226,673 State General Funds $3,226,673 $3,226,673 $3,226,673 TOTAL FEDERAL FUNDS $20,743 $20,743 $20,743 Federal Funds Not Itemized $20,743 $20,743 $20,743 TOTAL AGENCY FUNDS $7,046 $7,046 $7,046 Sales and Services $7,046 $7,046 $7,046 THURSDAY, MARCH 23, 2006 3993 Sales and Services Not Itemized $7,046 $7,046 $7,046 TOTAL PUBLIC FUNDS $3,254,462 $3,254,462 $3,254,462 Statewide Changes 90.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $99,113 $99,113 $99,113 Changes in How the Program is Funded 90.5 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $400,480 Sales and Services Not Itemized $6,807 TOTAL PUBLIC FUNDS $407,287 Changes in the Size of the Program 90.2 Provide start-up funding and three months operating for the Bainbridge Probation Substance Abuse Treatment Center's 192 bed expansion. State General Funds $1,389,359 $1,389,359 $1,389,359 90.3 Reduce funds to reflect projected program expenditures. State General Funds ($51,930) ($51,930) ($51,930) 90.4 Realign contract funds to more accurately reflect program expenditures. State General Funds $27,130 $27,130 $27,130 90. Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB1027) The purpose of this appropriation is to provide a sanctioning option for probationers who require more security and supervision than provided by regular community supervision. TOTAL STATE FUNDS $4,690,345 $4,690,345 $4,690,345 State General Funds $4,690,345 $4,690,345 $4,690,345 TOTAL FEDERAL FUNDS $20,743 $20,743 $421,223 Federal Funds Not Itemized $20,743 $20,743 $421,223 TOTAL AGENCY FUNDS $7,046 $7,046 $13,853 Sales and Services $7,046 $7,046 $13,853 Sales and Services Not Itemized $7,046 $7,046 $13,853 TOTAL PUBLIC FUNDS $4,718,134 $4,718,134 $5,125,421 Compensation Per General Assembly Resolutions Continuation Budget The purpose is to fund HR108 of the 2005 session. 3994 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $512,377 $512,377 $512,377 State General Funds $512,377 $512,377 $512,377 TOTAL PUBLIC FUNDS $512,377 $512,377 $512,377 One-Time Expense 91.1 Remove Inmate Compensation funds originally appropriated in FY2006 in accordance with HR108. State General Funds ($512,377) ($512,377) ($512,377) County Jail Subsidy Continuation Budget The purpose is to reimburse counties for the costs of incarcerating state prisoners in their local facilities. TOTAL STATE FUNDS $9,653,491 $9,653,491 $9,653,491 State General Funds $9,653,491 $9,653,491 $9,653,491 TOTAL FEDERAL FUNDS $2,501,508 $2,501,508 $2,501,508 Federal Funds Not Itemized $2,501,508 $2,501,508 $2,501,508 TOTAL PUBLIC FUNDS $12,154,999 $12,154,999 $12,154,999 Changes in How the Program is Funded 92.1 Reflect loss of federal funds from State Criminal Alien Assistance Program (SCAAP). Federal Funds Not Itemized ($2,501,508) ($2,501,508) ($2,501,508) Changes in the Size of the Program 92.2 Reduce funding for County Subsidy for Jails to reflect reduction in county jail backlog. State General Funds ($4,854,999) ($4,854,999) ($4,854,999) 92. County Jail Subsidy Appropriation (HB1027) The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities. TOTAL STATE FUNDS $4,798,492 $4,798,492 $4,798,492 State General Funds $4,798,492 $4,798,492 $4,798,492 TOTAL PUBLIC FUNDS $4,798,492 $4,798,492 $4,798,492 Departmental Administration Continuation Budget 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 STATE FUNDS $53,012,017 $53,012,017 $53,012,017 State General Funds $53,012,017 $53,012,017 $53,012,017 TOTAL FEDERAL FUNDS $1,836,000 $1,836,000 $1,836,000 THURSDAY, MARCH 23, 2006 3995 Federal Funds Not Itemized $1,836,000 $1,836,000 $1,836,000 TOTAL PUBLIC FUNDS $54,848,017 $54,848,017 $54,848,017 Statewide Changes 93.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $1,567,873 $1,567,873 $1,567,873 Changes in Operations / Administration 93.2 Provide additional funding to reflect annualized cost of four Day Reporting Centers opened in FY2006.(S:Annualize the costs using existing funds) State General Funds $2,000 $0 $0 93.3 Provide additional funding to reflect annualized cost of the Special Education program. State General Funds $12,528 $12,528 $12,528 93.11 Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement positions: Correction Officers, Probation Officers 1 and Probation Officers 2.(S:Add Fugitive Agents, Canine Handlers, Sergeants OID, Sergeants GDC, Transfer Officers, Investigators, Probation Surveillance Officers, Probation Officers - Center, Probation Officers 3, and Correctional Officers - Farm Services) State General Funds $4,455,176 $5,281,392 One-Time Expense 93.4 Eliminate Special Education Program startup funds. State General Funds ($6,300) ($6,300) ($6,300) Changes in How the Program is Funded 93.12 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $547,590 Federal Highway Administration Planning & Construction $2,411 CFDA20.205 Royalties and Rents Not Itemized $2,233,259 Sales and Services Not Itemized $1,154,585 TOTAL PUBLIC FUNDS $3,937,845 Changes in the Size of the Program 93.5 Eliminate the Bar Association Support to Improve Correctional Services (BASICS) program. State General Funds ($100,000) ($100,000) ($100,000) 93.6 Transfer one position to the Georgia Peace Officer Standards and Training Council. 3996 JOURNAL OF THE HOUSE State General Funds ($43,499) ($43,499) ($43,499) 93.7 Increase funds to reflect program expenditures. State General Funds $2,513,950 $2,513,950 $2,513,950 93.8 Transfer funds from closing a Probation Detention Center to cover the assessment fees for fuel storage tank maintenance. State General Funds $220,000 $220,000 $0 93.9 Realign contract funds to more accurately reflect program expenditures. State General Funds ($214,569) ($214,569) ($214,569) 93.10 Reduce Administration Program by 13%.(S:Reduce by 2%) State General Funds ($7,405,060) ($1,060,240) 93. Departmental Administration Appropriation (HB1027) The purpose of this appropriation is to protect and serve the citizens of Georgia by providing an effective and efficient department that administers a balanced correctional system. TOTAL STATE FUNDS $56,964,000 $54,012,116 $60,963,152 State General Funds $56,964,000 $54,012,116 $60,963,152 TOTAL FEDERAL FUNDS $1,836,000 $1,836,000 $2,386,001 Federal Funds Not Itemized $1,836,000 $1,836,000 $2,383,590 Federal Highway Administration Planning & Construction $2,411 CFDA20.205 TOTAL AGENCY FUNDS $3,387,844 Royalties and Rents $2,233,259 Royalties and Rents Not Itemized $2,233,259 Sales and Services $1,154,585 Sales and Services Not Itemized $1,154,585 TOTAL PUBLIC FUNDS $58,800,000 $55,848,116 $66,736,997 Detention Centers Continuation Budget 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 STATE FUNDS $43,455,859 $43,455,859 $43,455,859 State General Funds $43,455,859 $43,455,859 $43,455,859 TOTAL FEDERAL FUNDS $2,574,466 $2,574,466 $2,574,466 THURSDAY, MARCH 23, 2006 3997 Federal Funds Not Itemized $2,574,466 $2,574,466 $2,574,466 TOTAL AGENCY FUNDS $1,136,399 $1,136,399 $1,136,399 Sales and Services $1,136,399 $1,136,399 $1,136,399 Sales and Services Not Itemized $1,136,399 $1,136,399 $1,136,399 TOTAL PUBLIC FUNDS $47,166,724 $47,166,724 $47,166,724 Statewide Changes 94.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $1,586,787 $1,586,787 $1,586,787 Reserved Fund Balances Not Itemized $53,716 $53,716 $53,716 TOTAL PUBLIC FUNDS $1,640,503 $1,640,503 $1,640,503 Changes in How the Program is Funded 94.2 Reflect the loss of federal funds from the State Criminal Alien Assistance Program (SCAAP) at the Long Inmate Boot Camp. Federal Funds Not Itemized ($840,301) ($840,301) ($840,301) 94.3 Reflect loss of federal funds from State Criminal Alien Assistance Program (SCAAP) for three new Detention Centers. Federal Funds Not Itemized ($300,000) ($300,000) ($300,000) 94.8 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $2,025,459 Royalties and Rents Not Itemized $600,000 Sales and Services Not Itemized $4,425,085 TOTAL PUBLIC FUNDS $7,050,544 Changes in the Size of the Program 94.4 Increase funds to reflect projected program expenditures. State General Funds $535,252 $535,252 $535,252 94.5 Redistribute funds from closing a Probation Detention Center to open Long Inmate Boot Camp attached to Smith State Prison. State General Funds ($1,943,378) ($1,943,378) ($1,943,378) Federal Funds Not Itemized ($14,865) ($14,865) ($14,865) Sales and Services Not Itemized ($304,334) ($304,334) ($304,334) TOTAL PUBLIC FUNDS ($2,262,577) ($2,262,577) ($2,262,577) 3998 JOURNAL OF THE HOUSE 94.6 Transfer funds from the closing of a Probation Detention Center to provide funds for inmate release funds, food services and fuel storage tank maintenance fees. State General Funds ($2,195,670) ($2,195,670) ($2,195,670) Federal Funds Not Itemized ($4,122) ($4,122) ($4,122) Sales and Services Not Itemized ($33,754) ($33,754) ($33,754) TOTAL PUBLIC FUNDS ($2,233,546) ($2,233,546) ($2,233,546) 94.7 Redistribute funds from the conversion of a Probation Detention Center to a State Prison Unit. State General Funds ($2,010,646) ($2,010,646) ($2,010,646) Federal Funds Not Itemized ($28,027) ($28,027) ($28,027) Sales and Services Not Itemized ($23,621) ($23,621) ($23,621) TOTAL PUBLIC FUNDS ($2,062,294) ($2,062,294) ($2,062,294) 94. Detention Centers Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $39,428,204 $39,428,204 $39,428,204 State General Funds $39,428,204 $39,428,204 $39,428,204 TOTAL FEDERAL FUNDS $1,387,151 $1,387,151 $3,412,610 Federal Funds Not Itemized $1,387,151 $1,387,151 $3,412,610 TOTAL AGENCY FUNDS $828,406 $828,406 $5,853,491 Reserved Fund Balances $53,716 $53,716 $53,716 Reserved Fund Balances Not Itemized $53,716 $53,716 $53,716 Royalties and Rents $600,000 Royalties and Rents Not Itemized $600,000 Sales and Services $774,690 $774,690 $5,199,775 Sales and Services Not Itemized $774,690 $774,690 $5,199,775 TOTAL PUBLIC FUNDS $41,643,761 $41,643,761 $48,694,305 Food and Farm Operations Continuation Budget The purpose is to raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS $12,407,740 $12,407,740 $12,407,740 State General Funds $12,407,740 $12,407,740 $12,407,740 TOTAL FEDERAL FUNDS $22,000 $22,000 $22,000 THURSDAY, MARCH 23, 2006 3999 Federal Funds Not Itemized $22,000 $22,000 $22,000 TOTAL AGENCY FUNDS $194,725 $194,725 $194,725 Sales and Services $194,725 $194,725 $194,725 Sales and Services Not Itemized $194,725 $194,725 $194,725 TOTAL PUBLIC FUNDS $12,624,465 $12,624,465 $12,624,465 Statewide Changes 95.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $217,402 $217,402 $217,402 Changes in How the Program is Funded 95.2 Reflect loss of funds due to reduced participation in employee meal program. Sales and Services Not Itemized ($149,725) ($149,725) ($149,725) 95.5 Add funds to properly reflect operating budget represented in HB1026. Sales and Services Not Itemized $136,473 Changes in the Size of the Program 95.3 Reduce funds to reflect projected program expenditures. State General Funds ($41,677) ($41,677) ($41,677) 95.4 Transfer funds from closing a Probation Detention Center to food services. State General Funds $1,060,905 $1,060,905 $0 95. Food and Farm Operations Appropriation (HB1027) The purpose of this appropriation is to raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS $13,644,370 $13,644,370 $12,583,465 State General Funds $13,644,370 $13,644,370 $12,583,465 TOTAL FEDERAL FUNDS $22,000 $22,000 $22,000 Federal Funds Not Itemized $22,000 $22,000 $22,000 TOTAL AGENCY FUNDS $45,000 $45,000 $181,473 Sales and Services $45,000 $45,000 $181,473 Sales and Services Not Itemized $45,000 $45,000 $181,473 TOTAL PUBLIC FUNDS $13,711,370 $13,711,370 $12,786,938 4000 JOURNAL OF THE HOUSE Health Continuation Budget 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 STATE FUNDS $151,543,143 $151,543,143 $151,543,143 State General Funds $151,543,143 $151,543,143 $151,543,143 TOTAL AGENCY FUNDS $8,464,209 $8,464,209 $8,464,209 Sales and Services $8,464,209 $8,464,209 $8,464,209 Sales and Services Not Itemized $8,464,209 $8,464,209 $8,464,209 TOTAL PUBLIC FUNDS $160,007,352 $160,007,352 $160,007,352 Statewide Changes 96.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $878,954 $878,954 $878,954 Changes in How the Program is Funded 96.15 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $176,154 Sales and Services Not Itemized $2,908,830 TOTAL PUBLIC FUNDS $3,084,984 Changes in the Size of the Program 96.2 Increase funds for inmate mental health care. State General Funds $630,101 $630,101 $630,101 96.3 Increase funds for inmate dental health care. State General Funds $63,634 $63,634 $63,634 96.4 Increase funds for County Correctional Institutions' health care. State General Funds $115,053 $115,053 $115,053 96.5 Reduce funds to reflect projected program expenditures. State General Funds ($402,267) ($402,267) ($402,267) 96.6 Provide start-up and two months of operating funds for a 192 bed expansion at Calhoun State Prison to reduce county jail backlogs and meet increased capacity needs. State General Funds $134,359 $134,359 $134,359 96.7 Provide additional funding for Health Services Purchases. State General Funds $10,281,484 $10,281,484 $9,013,895 THURSDAY, MARCH 23, 2006 4001 96.8 Provide additional funds to adequately staff inmate health services. State General Funds $2,173,417 $0 $0 96.9 Provide operating funds for 1,348 temporary inmate beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. State General Funds $5,279,374 $5,279,374 $5,279,374 96.10 Provide operating funds for 918 additional inmate beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. State General Funds $3,595,500 $3,595,500 $3,595,500 96.11 Provide operating funds for 768 beds at four vacant Probation Detention Centers to be operated as State Prison units to reduce county jail backlogs and meet increased capacity needs. State General Funds $3,010,233 $3,010,233 $3,010,233 96.12 Provide start-up and five months of operating funds for a 525 bed expansion at Johnson State Prison to reduce county jail backlogs and meet increased capacity needs. State General Funds $883,973 $883,973 $883,973 96.13 Provide start-up funding and 3 months operating for the Bainbridge Probation Substance Abuse Treatment Center's 192 bed expansion. State General Funds $178,086 $178,086 $178,086 96.14 Provide funding for Hepatitis B immunization. State General Funds $1,500,000 $0 96. Health Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $178,365,044 $177,691,627 $174,924,038 State General Funds $178,365,044 $177,691,627 $174,924,038 TOTAL FEDERAL FUNDS $176,154 Federal Funds Not Itemized $176,154 TOTAL AGENCY FUNDS $8,464,209 $8,464,209 $11,373,039 Sales and Services $8,464,209 $8,464,209 $11,373,039 Sales and Services Not Itemized $8,464,209 $8,464,209 $11,373,039 TOTAL PUBLIC FUNDS $186,829,253 $186,155,836 $186,473,231 4002 JOURNAL OF THE HOUSE Offender Management Continuation Budget The purpose is to provide cost effective correctional services that ensures public safety. TOTAL STATE FUNDS $44,118,606 $44,118,606 $44,118,606 State General Funds $44,118,606 $44,118,606 $44,118,606 TOTAL PUBLIC FUNDS $44,118,606 $44,118,606 $44,118,606 Statewide Changes 97.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $229,340 $229,340 $229,340 Changes in the Size of the Program 97.2 Reduce funds to reflect projected program expenditures. State General Funds ($104,698) ($104,698) ($104,698) 97.3 Transfer funds from closing a Probation Detention Center to Inmate Release Funds. State General Funds $150,000 $150,000 $0 97. Offender Management Appropriation (HB1027) The purpose of this appropriation is to provide cost effective correctional services that ensures public safety. TOTAL STATE FUNDS $44,393,248 $44,393,248 $44,243,248 State General Funds $44,393,248 $44,393,248 $44,243,248 TOTAL PUBLIC FUNDS $44,393,248 $44,393,248 $44,243,248 Parole Revocation Centers Continuation Budget The purpose is to provide a sanction for parole violations. TOTAL STATE FUNDS $3,835,308 $3,835,308 $3,835,308 State General Funds $3,835,308 $3,835,308 $3,835,308 TOTAL FEDERAL FUNDS $10,510 $10,510 $10,510 Federal Funds Not Itemized $10,510 $10,510 $10,510 TOTAL AGENCY FUNDS $49,138 $49,138 $49,138 Sales and Services $49,138 $49,138 $49,138 Sales and Services Not Itemized $49,138 $49,138 $49,138 TOTAL PUBLIC FUNDS $3,894,956 $3,894,956 $3,894,956 Statewide Changes 98.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $143,797 $143,797 $143,797 THURSDAY, MARCH 23, 2006 4003 Changes in How the Program is Funded 98.3 Add funds to properly reflect operating budget represented in HB1026. Sales and Services Not Itemized $525,000 Changes in the Size of the Program 98.2 Reduce funds to reflect projected program expenditures. State General Funds ($2,847) ($2,847) ($2,847) 98. Parole Revocation Centers Appropriation (HB1027) The purpose of this appropriation is to provide a sanction for parole violations. TOTAL STATE FUNDS $3,976,258 $3,976,258 $3,976,258 State General Funds $3,976,258 $3,976,258 $3,976,258 TOTAL FEDERAL FUNDS $10,510 $10,510 $10,510 Federal Funds Not Itemized $10,510 $10,510 $10,510 TOTAL AGENCY FUNDS $49,138 $49,138 $574,138 Sales and Services $49,138 $49,138 $574,138 Sales and Services Not Itemized $49,138 $49,138 $574,138 TOTAL PUBLIC FUNDS $4,035,906 $4,035,906 $4,560,906 Private Prisons Continuation Budget The purpose is to provide cost effective correctional services that ensure public safety. TOTAL STATE FUNDS $72,518,200 $72,518,200 $72,518,200 State General Funds $72,518,200 $72,518,200 $72,518,200 TOTAL PUBLIC FUNDS $72,518,200 $72,518,200 $72,518,200 Changes in the Size of the Program 99.1 Provide for a 3.5% CPI increase in the per diem rate for contracted prison beds and an additional 470 contracted prison beds. (H:Fund 470 additional prison beds)(S:Fund CPI increase and 470 additional prison beds) State General Funds $4,267,522 $4,267,522 $4,267,522 99. Private Prisons Appropriation (HB1027) The purpose of this appropriation is to provide cost effective correctional services that ensure public safety. TOTAL STATE FUNDS $76,785,722 $76,785,722 $76,785,722 State General Funds $76,785,722 $76,785,722 $76,785,722 TOTAL PUBLIC FUNDS $76,785,722 $76,785,722 $76,785,722 4004 JOURNAL OF THE HOUSE Probation Diversion Centers Continuation Budget 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 STATE FUNDS $12,784,156 $12,784,156 $12,784,156 State General Funds $12,784,156 $12,784,156 $12,784,156 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 Federal Funds Not Itemized $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $3,188,692 $3,188,692 $3,188,692 Royalties and Rents $3,180,834 $3,180,834 $3,180,834 Royalties and Rents Not Itemized $3,180,834 $3,180,834 $3,180,834 Sales and Services $7,858 $7,858 $7,858 Sales and Services Not Itemized $7,858 $7,858 $7,858 TOTAL PUBLIC FUNDS $16,172,848 $16,172,848 $16,172,848 Statewide Changes 100.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $534,216 $534,216 $534,216 Royalties and Rents Not Itemized $53,716 $53,716 $53,716 TOTAL PUBLIC FUNDS $587,932 $587,932 $587,932 Changes in How the Program is Funded 100.2 Reflect the loss of federal funds from the State Criminal Alien Assistance Program (SCAAP). Federal Funds Not Itemized ($200,000) ($200,000) ($200,000) 100.5 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $195,712 Sales and Services Not Itemized $301,501 TOTAL PUBLIC FUNDS $497,213 Changes in the Size of the Program 100.3 Increase funds to more accurately reflect projected program expenditures. State General Funds $249,324 $249,324 $249,324 100.4 Redistribute funds from the conversion of two Probation Diversion Centers to Transition Centers. State General Funds ($1,624,714) ($1,624,714) ($1,624,714) Royalties and Rents Not Itemized ($429,547) ($429,547) ($429,547) THURSDAY, MARCH 23, 2006 4005 TOTAL PUBLIC FUNDS ($2,054,261) ($2,054,261) ($2,054,261) 100. Probation Diversion Centers Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $11,942,982 $11,942,982 $11,942,982 State General Funds $11,942,982 $11,942,982 $11,942,982 TOTAL FEDERAL FUNDS $195,712 Federal Funds Not Itemized $195,712 TOTAL AGENCY FUNDS $2,812,861 $2,812,861 $3,114,362 Royalties and Rents $2,805,003 $2,805,003 $2,805,003 Royalties and Rents Not Itemized $2,805,003 $2,805,003 $2,805,003 Sales and Services $7,858 $7,858 $309,359 Sales and Services Not Itemized $7,858 $7,858 $309,359 TOTAL PUBLIC FUNDS $14,755,843 $14,755,843 $15,253,056 Probation Supervision Continuation Budget The purpose is to supervise probationers. TOTAL STATE FUNDS $68,632,697 $68,632,697 $68,632,697 State General Funds $68,632,697 $68,632,697 $68,632,697 TOTAL PUBLIC FUNDS $68,632,697 $68,632,697 $68,632,697 Statewide Changes 101.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $2,660,220 $2,660,220 $2,660,220 Changes in Operations / Administration 101.2 Provide additional funding to reflect annualized cost of four Day Reporting Centers opened in FY2006. State General Funds $1,026,148 $0 $1,026,148 One-Time Expense 101.3 Provide funding to replace outdated ballistic vests used for Probation and Surveillance Officers. State General Funds $199,200 $199,200 $199,200 Changes in How the Program is Funded 101.4 Provide state operating funds for the Griffin Day Reporting Center to replace inmate telephone commission funds no longer available. 4006 JOURNAL OF THE HOUSE State General Funds $250,000 $0 $250,000 101.6 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $1,000,874 Royalties and Rents Not Itemized $110,000 Sales and Services Not Itemized $552,491 TOTAL PUBLIC FUNDS $1,663,365 Changes in the Size of the Program 101.5 Reduce funds to more accurately reflect projected program expenditures. State General Funds ($122,728) ($122,728) ($122,728) 101. Probation Supervision Appropriation (HB1027) The purpose of this appropriation is to supervise probationers. TOTAL STATE FUNDS $72,645,537 $71,369,389 $72,645,537 State General Funds $72,645,537 $71,369,389 $72,645,537 TOTAL FEDERAL FUNDS $1,000,874 Federal Funds Not Itemized $1,000,874 TOTAL AGENCY FUNDS $662,491 Royalties and Rents $110,000 Royalties and Rents Not Itemized $110,000 Sales and Services $552,491 Sales and Services Not Itemized $552,491 TOTAL PUBLIC FUNDS $72,645,537 $71,369,389 $74,308,902 State Prisons Continuation Budget The purpose is to house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment. TOTAL STATE FUNDS $431,214,343 $431,214,343 $431,214,343 State General Funds $431,214,343 $431,214,343 $431,214,343 TOTAL FEDERAL FUNDS $3,151,716 $3,151,716 $3,151,716 Federal Funds Not Itemized $3,151,716 $3,151,716 $3,151,716 TOTAL AGENCY FUNDS $8,216,141 $8,216,141 $8,216,141 Royalties and Rents $657,000 $657,000 $657,000 Royalties and Rents Not Itemized $657,000 $657,000 $657,000 THURSDAY, MARCH 23, 2006 4007 Sales and Services $7,559,141 $7,559,141 $7,559,141 Sales and Services Not Itemized $7,559,141 $7,559,141 $7,559,141 TOTAL PUBLIC FUNDS $442,582,200 $442,582,200 $442,582,200 Statewide Changes 102.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $16,150,237 $16,150,237 $16,150,237 Federal Funds Not Itemized $20,192 $20,192 $20,192 Reserved Fund Balances Not Itemized $161,149 $161,149 $161,149 Sales and Services Not Itemized $19,850 $19,850 $19,850 TOTAL PUBLIC FUNDS $16,351,428 $16,351,428 $16,351,428 Changes in Operations / Administration 102.2 Provide additional funds to reflect annualized cost of the Special Education program. State General Funds $279,201 $279,201 $279,201 One-Time Expense 102.3 Eliminate special education program startup funds. State General Funds ($205,802) ($205,802) ($205,802) 102.14 Provide funds to the Wilcox State Prison to purchase a generator, a transfer switch and installation. State General Funds $48,000 $0 102.15 To provide funds for door and window frame replacements at multiple locations and to fund security hardening at Washington State Prison. (H:Transferred from Bonds)(S:Fund through bonds) State General Funds $700,000 $0 Changes in How the Program is Funded 102.4 Reflect loss of federal funds for purchase of dry milk powder and milk replacement products needed to feed inmates. State General Funds $416,759 $416,759 $416,759 102.16 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $638,695 Sales and Services Not Itemized $2,232,311 TOTAL PUBLIC FUNDS $2,871,006 4008 JOURNAL OF THE HOUSE Changes in the Size of the Program 102.5 Redistribute funds from closing a Probation Detention Center to open Long Inmate Boot Camp attached to Smith State Prison. State General Funds $1,668,724 $1,668,724 $1,668,724 102.6 Reduce funds to reflect projected program expenditures. State General Funds ($2,620,028) ($2,620,028) ($2,620,028) 102.7 Redistribute funds from the conversion of a Probation Detention Center to a State Prison Unit. State General Funds $2,046,575 $2,046,575 $0 102.8 Provide operating funds for 768 beds at four vacant Probation Detention Centers to be operated as State Prison units to reduce county jail backlogs and meet increased capacity needs. State General Funds $8,890,699 $8,890,699 $8,890,699 102.9 Provide operating funds for 1,348 temporary inmate beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. State General Funds $898,509 $898,509 $898,509 102.10 Provide operating funds for 918 additional inmate beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. State General Funds $2,320,276 $2,320,276 $2,320,276 102.11 Provide start-up and two months of operating funds for a 192 bed expansion at Calhoun State Prison to reduce county jail backlogs and meet increased capacity needs. State General Funds $1,048,028 $1,048,028 $1,048,028 102.12 Provide start-up and five months operating funds for a 525 bed expansion at Johnson State Prison to reduce county jail backlogs and meet increased capacity needs. State General Funds $3,353,954 $3,353,954 $3,353,954 102.13 Realign contract funds to more accurately reflect program expenditures. State General Funds $187,439 $187,439 $187,439 102. State Prisons Appropriation (HB1027) The purpose of this appropriation is to house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment. TOTAL STATE FUNDS $465,648,914 $466,396,914 $463,602,339 State General Funds $465,648,914 $466,396,914 $463,602,339 TOTAL FEDERAL FUNDS $3,171,908 $3,171,908 $3,810,603 THURSDAY, MARCH 23, 2006 4009 Federal Funds Not Itemized $3,171,908 $3,171,908 $3,810,603 TOTAL AGENCY FUNDS $8,397,140 $8,397,140 $10,629,451 Reserved Fund Balances $161,149 $161,149 $161,149 Reserved Fund Balances Not Itemized $161,149 $161,149 $161,149 Royalties and Rents $657,000 $657,000 $657,000 Royalties and Rents Not Itemized $657,000 $657,000 $657,000 Sales and Services $7,578,991 $7,578,991 $9,811,302 Sales and Services Not Itemized $7,578,991 $7,578,991 $9,811,302 TOTAL PUBLIC FUNDS $477,217,962 $477,965,962 $478,042,393 Transitional Centers Continuation Budget 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 STATE FUNDS $20,313,455 $20,313,455 $20,313,455 State General Funds $20,313,455 $20,313,455 $20,313,455 TOTAL PUBLIC FUNDS $20,313,455 $20,313,455 $20,313,455 Statewide Changes 103.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $694,174 $694,174 $694,174 Changes in How the Program is Funded 103.5 Add funds to properly reflect operating budget represented in HB1026. Royalties and Rents Not Itemized $115,480 Sales and Services Not Itemized $118,480 TOTAL PUBLIC FUNDS $233,960 Changes in the Size of the Program 103.2 Increase funds to more accurately reflect projected program expenditures. State General Funds $47,649 $47,649 $47,649 103.3 Redistribute funds from conversion of two Probation Diversion Centers to Transition Centers. State General Funds $2,628,204 $2,628,204 $2,628,204 103.4 Provide operating funds for 1,348 temporary inmate beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. State General Funds $38,945 $38,945 $38,945 4010 JOURNAL OF THE HOUSE 103. Transitional Centers Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $23,722,427 $23,722,427 $23,722,427 State General Funds $23,722,427 $23,722,427 $23,722,427 TOTAL AGENCY FUNDS $233,960 Royalties and Rents $115,480 Royalties and Rents Not Itemized $115,480 Sales and Services $118,480 Sales and Services Not Itemized $118,480 TOTAL PUBLIC FUNDS $23,722,427 $23,722,427 $23,956,387 Section 19: Defense, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Interest and Investment Income Royalties and Rents $8,359,405 $8,359,405 $36,026,553 $36,026,553 $844,374 $138,791 $59,889 $645,694 $45,230,332 $8,789,464 $8,789,464 $36,679,340 $36,679,340 $857,146 $138,791 $59,889 Section Total - Continuation $8,359,405 $8,359,405 $8,359,405 $8,359,405 $36,026,553 $36,026,553 $36,026,553 $36,026,553 $844,374 $844,374 $138,791 $138,791 $59,889 $59,889 $645,694 $645,694 $45,230,332 $45,230,332 Section Total - Final $8,815,464 $8,815,464 $8,815,464 $8,815,464 $36,692,112 $39,474,929 $36,692,112 $39,474,929 $844,374 $844,374 $138,791 $138,791 $59,889 $59,889 THURSDAY, MARCH 23, 2006 4011 Sales and Services $658,466 $645,694 $645,694 TOTAL PUBLIC FUNDS $46,325,950 $46,351,950 $49,134,767 Departmental Administration Continuation Budget The purpose is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $2,275,222 $2,275,222 $2,275,222 State General Funds $2,275,222 $2,275,222 $2,275,222 TOTAL FEDERAL FUNDS $102,133 $102,133 $102,133 Federal Funds Not Itemized $102,133 $102,133 $102,133 TOTAL AGENCY FUNDS $138,791 $138,791 $138,791 Interest and Investment Income $138,791 $138,791 $138,791 Interest and Investment Income Not Itemized $138,791 $138,791 $138,791 TOTAL PUBLIC FUNDS $2,516,146 $2,516,146 $2,516,146 Statewide Changes 104.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $88,832 $35,036 $35,036 Federal Funds Not Itemized $11,971 $38,356 $38,356 TOTAL PUBLIC FUNDS $100,803 $73,392 $73,392 Changes in How the Program is Funded 104.4 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $184,907 TOTAL PUBLIC FUNDS $184,907 Changes in the Size of the Program 104.2 Redistribute funds to Civil Support and Facilities Management Programs.(H and S:Transfer to Military Readiness) State General Funds ($173,000) ($173,000) ($173,000) 104.3 Transfer funds to Military Readiness. State General Funds ($1,166,525) ($1,166,525) Interest and Investment Income Not Itemized ($138,791) ($138,791) TOTAL PUBLIC FUNDS ($1,305,316) ($1,305,316) 104. Departmental Administration Appropriation (HB1027) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $2,191,054 $970,733 $970,733 4012 JOURNAL OF THE HOUSE State General Funds $2,191,054 $970,733 $970,733 TOTAL FEDERAL FUNDS $114,104 $140,489 $325,396 Federal Funds Not Itemized $114,104 $140,489 $325,396 TOTAL AGENCY FUNDS $138,791 Interest and Investment Income $138,791 Interest and Investment Income Not Itemized $138,791 TOTAL PUBLIC FUNDS $2,443,949 $1,111,222 $1,296,129 Military Readiness Continuation Budget 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 STATE FUNDS $475,776 $475,776 $475,776 State General Funds $475,776 $475,776 $475,776 TOTAL FEDERAL FUNDS $365,000 $365,000 $365,000 Federal Funds Not Itemized $365,000 $365,000 $365,000 TOTAL PUBLIC FUNDS $840,776 $840,776 $840,776 Statewide Changes 105.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $22,253 $96,820 $96,820 Federal Funds Not Itemized $6,514 $151,115 $151,115 TOTAL PUBLIC FUNDS $28,767 $247,935 $247,935 Changes to the Purpose or the Purpose Measure 105.2 SAC: The purpose of this appropriation is to provide a trained and ready military land force and air force that can be activated and deployed at the direction of the President or the Governor to ensure the safety and well being of all citizens. House: The purpose of this appropriation is to provide a trained and ready military land force and 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. State General Funds $0 $0 One-Time Expense 105.3 Provide funds for two editions of "Georgia Guardsman" and the annual publication of "Airlift Chronicle." State General Funds $26,000 $26,000 THURSDAY, MARCH 23, 2006 4013 Changes in How the Program is Funded 105.10 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $2,574,096 Changes in the Size of the Program 105.4 Transfer funds from the Facilities Management program. State General Funds $2,254,499 $2,254,499 Federal Funds Not Itemized $29,888,711 $29,888,711 Royalties and Rents Not Itemized $59,889 $59,889 Sales and Services Not Itemized $645,694 $645,694 TOTAL PUBLIC FUNDS $32,848,793 $32,848,793 105.5 Transfer funds from Administration. State General Funds $1,166,525 $1,166,525 Interest and Investment Income Not Itemized $138,791 $138,791 TOTAL PUBLIC FUNDS $1,305,316 $1,305,316 105.6 Increase funds to support the Georgia State Defense Force program. State General Funds $68,323 $68,323 105.7 Transfer the State Defense Force and Federal-State Joint Operations to the Military Readiness program. State General Funds $5,700 $5,700 Federal Funds Not Itemized $341,558 $341,558 TOTAL PUBLIC FUNDS $347,258 $347,258 105.8 Increase funds to maintain additional facilities for the JSTARS unit at Robins Air Force Base. State General Funds $100,000 $100,000 Federal Funds Not Itemized $300,000 $300,000 TOTAL PUBLIC FUNDS $400,000 $400,000 105.9 Redistribute state funds from Administration. State General Funds $173,000 $173,000 105. Military Readiness Appropriation (HB1027) The purpose of this appropriation is to provide a trained and ready military land force and air force that can be activated and deployed at the direction of the President or the Governor to ensure the safety and well being of all citizens. TOTAL STATE FUNDS $498,029 $4,366,643 $4,366,643 State General Funds $498,029 $4,366,643 $4,366,643 4014 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS $371,514 $31,046,384 $33,620,480 Federal Funds Not Itemized $371,514 $31,046,384 $33,620,480 TOTAL AGENCY FUNDS $844,374 $844,374 Interest and Investment Income $138,791 $138,791 Interest and Investment Income Not Itemized $138,791 $138,791 Royalties and Rents $59,889 $59,889 Royalties and Rents Not Itemized $59,889 $59,889 Sales and Services $645,694 $645,694 Sales and Services Not Itemized $645,694 $645,694 TOTAL PUBLIC FUNDS $869,543 $36,257,401 $38,831,497 Youth Educational Services Continuation Budget TOTAL STATE FUNDS $0 $0 State General Funds $0 $0 Statewide Changes 106.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $129,880 $129,880 Federal Funds Not Itemized $176,088 $176,088 TOTAL PUBLIC FUNDS $305,968 $305,968 Changes to the Purpose or the Purpose Measure 106.2 SAC: The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth in Georgia. The purpose will be measured by: the number of youth participating in Starbase; and the number of graduates from the Youth Challenge Academies. House: The purpose of this appropriation is to provide educational and vocational opportunities to at- risk youth in Georgia. State General Funds $0 $0 Changes in How the Program is Funded 106.5 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $23,814 THURSDAY, MARCH 23, 2006 4015 Changes in the Size of the Program 106.3 Create the Youth Educational Services program.(H and S:YES) State General Funds $0 $0 106.4 Transfer the Youth Challenge program and the Starbase program into a Youth Services program. State General Funds $3,348,208 $3,348,208 Federal Funds Not Itemized $5,329,151 $5,329,151 TOTAL PUBLIC FUNDS $8,677,359 $8,677,359 106. Youth Educational Services Appropriation (HB1027) The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth in Georgia. The purpose will be measured by: the number of youth participating in Starbase; and the number of graduates from the Youth Challenge Academies. TOTAL STATE FUNDS $3,478,088 $3,478,088 State General Funds $3,478,088 $3,478,088 TOTAL FEDERAL FUNDS $5,505,239 $5,529,053 Federal Funds Not Itemized $5,505,239 $5,529,053 TOTAL PUBLIC FUNDS $8,983,327 $9,007,141 Civil Support Continuation Budget The purpose is to provide an all volunteer force to augment Georgia's organized militia in the event of a federal force mobilization. TOTAL STATE FUNDS $3,353,908 $3,353,908 $3,353,908 State General Funds $3,353,908 $3,353,908 $3,353,908 TOTAL FEDERAL FUNDS $5,670,709 $5,670,709 $5,670,709 Federal Funds Not Itemized $5,670,709 $5,670,709 $5,670,709 TOTAL PUBLIC FUNDS $9,024,617 $9,024,617 $9,024,617 Statewide Changes 107.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $123,068 $0 $0 Federal Funds Not Itemized $105,707 $0 $0 TOTAL PUBLIC FUNDS $228,775 $0 $0 Changes in the Size of the Program 107.2 Increase funds to support the Georgia State Defense Force program. 4016 JOURNAL OF THE HOUSE State General Funds $68,323 $0 $0 107.3 Align funds with appropriate positions. Funds for these positions were distributed in HB85 to Administration in FY2006. State General Funds $148,000 $0 $0 107.4 Eliminate the Civil Support program.(H and S:YES) State General Funds $0 $0 107.5 Transfer the Youth Challenge program and the Starbase program into a Youth Educational Services Program. State General Funds ($3,348,208) ($3,348,208) Federal Funds Not Itemized ($5,329,151) ($5,329,151) TOTAL PUBLIC FUNDS ($8,677,359) ($8,677,359) 107.6 Transfer the State Defense Force and Federal-State Joint Operations to the Military Readiness program. State General Funds ($5,700) ($5,700) Federal Funds Not Itemized ($341,558) ($341,558) TOTAL PUBLIC FUNDS ($347,258) ($347,258) 107. Civil Support Appropriation (HB1027) The purpose of this appropriation is to provide an all volunteer force to augment Georgia's organized militia in the event of a federal force mobilization. TOTAL STATE FUNDS $3,693,299 State General Funds $3,693,299 TOTAL FEDERAL FUNDS $5,776,416 Federal Funds Not Itemized $5,776,416 TOTAL PUBLIC FUNDS $9,469,715 Facilities Management Continuation Budget 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 STATE FUNDS $2,254,499 $2,254,499 $2,254,499 State General Funds $2,254,499 $2,254,499 $2,254,499 TOTAL FEDERAL FUNDS $29,888,711 $29,888,711 $29,888,711 Federal Funds Not Itemized $29,888,711 $29,888,711 $29,888,711 TOTAL AGENCY FUNDS $705,583 $705,583 $705,583 Royalties and Rents $59,889 $59,889 $59,889 THURSDAY, MARCH 23, 2006 4017 Royalties and Rents Not Itemized $59,889 $59,889 $59,889 Sales and Services $645,694 $645,694 $645,694 Sales and Services Not Itemized $645,694 $645,694 $645,694 TOTAL PUBLIC FUNDS $32,848,793 $32,848,793 $32,848,793 Statewide Changes 108.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $27,583 $0 $0 Federal Funds Not Itemized $228,595 $0 $0 Sales and Services Not Itemized $12,772 $0 $0 TOTAL PUBLIC FUNDS $268,950 $0 $0 Changes in the Size of the Program 108.2 Align funds with associated position. Funds for the position were distributed in Administration in prior year. State General Funds $25,000 $0 $0 108.3 Increase operating expenses to maintain additional facilities for the JSTARS unit at Robins Air Force Base. State General Funds $100,000 $0 $0 Federal Funds Not Itemized $300,000 $0 $0 TOTAL PUBLIC FUNDS $400,000 $0 $0 108.4 Eliminate the Facilities Management program.(H and S:YES) State General Funds $0 $0 108.5 Transfer funds to the Military Readiness program. State General Funds ($2,254,499) ($2,254,499) Federal Funds Not Itemized ($29,888,711) ($29,888,711) Royalties and Rents Not Itemized ($59,889) ($59,889) Sales and Services Not Itemized ($645,694) ($645,694) TOTAL PUBLIC FUNDS ($32,848,793) ($32,848,793) 108. Facilities Management Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $2,407,082 State General Funds $2,407,082 TOTAL FEDERAL FUNDS $30,417,306 4018 JOURNAL OF THE HOUSE Federal Funds Not Itemized TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $30,417,306 $718,355 $59,889 $59,889 $658,466 $658,466 $33,542,743 Section 20: Driver Services, Department of Section Total - Continuation TOTAL STATE FUNDS $47,163,866 $47,163,866 $47,163,866 State General Funds $47,163,866 $47,163,866 $47,163,866 TOTAL AGENCY FUNDS $715,075 $715,075 $715,075 Sales and Services $715,075 $715,075 $715,075 TOTAL PUBLIC FUNDS $47,878,941 $47,878,941 $47,878,941 Section Total - Final TOTAL STATE FUNDS $52,631,393 $53,431,393 $53,481,393 State General Funds $52,631,393 $53,431,393 $53,481,393 TOTAL AGENCY FUNDS $721,456 $721,456 $721,456 Reserved Fund Balances $6,108 $6,108 $6,108 Sales and Services $715,348 $715,348 $715,348 TOTAL PUBLIC FUNDS $53,352,849 $54,152,849 $54,202,849 Customer Service Support Continuation Budget The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $4,948,415 $4,948,415 $4,948,415 State General Funds $4,948,415 $4,948,415 $4,948,415 TOTAL PUBLIC FUNDS $4,948,415 $4,948,415 $4,948,415 Statewide Changes 109.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $180,287 $180,287 $180,287 Reserved Fund Balances Not Itemized $857 $857 $857 THURSDAY, MARCH 23, 2006 4019 TOTAL PUBLIC FUNDS $181,144 $181,144 $181,144 Changes in the Size of the Program 109.2 Increase funds to establish the base budget for the Department of Driver Services. State General Funds $3,664,357 $3,664,357 $3,664,357 109.3 Reduce operating expenses. State General Funds ($16,000) ($16,000) ($16,000) 109. Customer Service Support Appropriation (HB1027) The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $8,777,059 $8,777,059 $8,777,059 State General Funds $8,777,059 $8,777,059 $8,777,059 TOTAL AGENCY FUNDS $857 $857 $857 Reserved Fund Balances $857 $857 $857 Reserved Fund Balances Not Itemized $857 $857 $857 TOTAL PUBLIC FUNDS $8,777,916 $8,777,916 $8,777,916 License Issuance Continuation Budget The purpose is for the issuance of Georgia drivers license renewals through alternative methods. TOTAL STATE FUNDS $41,924,451 $41,924,451 $41,924,451 State General Funds $41,924,451 $41,924,451 $41,924,451 TOTAL AGENCY FUNDS $200,000 $200,000 $200,000 Sales and Services $200,000 $200,000 $200,000 Sales and Services Not Itemized $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $42,124,451 $42,124,451 $42,124,451 Statewide Changes 110.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $1,067,656 $1,067,656 $1,067,656 Reserved Fund Balances Not Itemized $5,251 $5,251 $5,251 TOTAL PUBLIC FUNDS $1,072,907 $1,072,907 $1,072,907 Changes in Operations / Administration 110.7 Increase funds to provide for a new Blue Ridge Customer Service Center. State General Funds $700,000 $700,000 4020 JOURNAL OF THE HOUSE 110.8 Increase funds to renovate the Athens Customer Service Center.(S:Renovate the Newnan Customer Service Center) State General Funds $200,000 $200,000 Changes in the Size of the Program 110.2 Reduce funds to establish the base budget for the Department of Driver Services. State General Funds ($4,826,757) ($4,826,757) ($4,826,757) 110.3 Reduce operating expenses. State General Funds ($79,677) ($79,677) ($79,677) 110.4 Minimize wait times at DDS locations by adding thirty five examiner positions in the License Issuance program and increasing personal services. State General Funds $945,665 $945,665 $945,665 110.5 Improve customer access by expanding agency services available on the Internet by increasing operating expenses. State General Funds $358,942 $358,942 $358,942 110.6 Fund complimentary Photo Identification cards to qualifying individuals. State General Funds $100,000 $100,000 $100,000 110. License Issuance Appropriation (HB1027) The purpose of this appropriation is for the issuance of Georgia drivers license renewals through alternative methods. TOTAL STATE FUNDS $39,490,280 $40,390,280 $40,390,280 State General Funds $39,490,280 $40,390,280 $40,390,280 TOTAL AGENCY FUNDS $205,251 $205,251 $205,251 Reserved Fund Balances $5,251 $5,251 $5,251 Reserved Fund Balances Not Itemized $5,251 $5,251 $5,251 Sales and Services $200,000 $200,000 $200,000 Sales and Services Not Itemized $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $39,695,531 $40,595,531 $40,595,531 Motorcycle Safety Continuation Budget The purpose is to maintain and improve motorcycle safety. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Changes in the Size of the Program 111.1 Provide funds for motorcycle safety education.(S:See item 112.5) State General Funds $0 $0 $50,000 THURSDAY, MARCH 23, 2006 4021 111. Motorcycle Safety Appropriation (HB1027) The purpose of this appropriation is to maintain and improve motorcycle safety. TOTAL STATE FUNDS $50,000 State General Funds $50,000 TOTAL PUBLIC FUNDS $50,000 Regulatory Compliance Continuation Budget The purpose is to enforce and administer state laws and regulations for mandated programs relating to driver safety and driver education for both novice and problem drivers. TOTAL STATE FUNDS $291,000 $291,000 $291,000 State General Funds $291,000 $291,000 $291,000 TOTAL AGENCY FUNDS $515,075 $515,075 $515,075 Sales and Services $515,075 $515,075 $515,075 Sales and Services Not Itemized $515,075 $515,075 $515,075 TOTAL PUBLIC FUNDS $806,075 $806,075 $806,075 Statewide Changes 112.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $74,436 $74,436 $74,436 Sales and Services Not Itemized $273 $273 $273 TOTAL PUBLIC FUNDS $74,709 $74,709 $74,709 Changes in How the Program is Funded 112.2 Recognize additional revenues collected from fees to support driver's education (SB226 "Joshua's Law"). State General Funds $2,756,218 $2,756,218 $2,756,218 Changes in the Size of the Program 112.3 Increase funds to establish the base budget for the Department of Driver Services. State General Funds $1,162,400 $1,162,400 $1,162,400 112.4 Eliminate the state purchased shoes and trousers for the examiners uniforms. State General Funds ($20,000) ($20,000) ($20,000) 112.5 Provide additional funds for motorcycle safety education.(S:Transfer to Motorcycle Safety(See line item 111.1)) State General Funds $100,000 $0 $0 4022 JOURNAL OF THE HOUSE 112. Regulatory Compliance Appropriation (HB1027) The purpose of this appropriation is to enforce and administer state laws and regulations for mandated programs relating to driver safety and driver education for both novice and problem drivers. TOTAL STATE FUNDS $4,364,054 $4,264,054 $4,264,054 State General Funds $4,364,054 $4,264,054 $4,264,054 TOTAL AGENCY FUNDS $515,348 $515,348 $515,348 Sales and Services $515,348 $515,348 $515,348 Sales and Services Not Itemized $515,348 $515,348 $515,348 TOTAL PUBLIC FUNDS $4,879,402 $4,779,402 $4,779,402 Section 21: Early Care and Learning, Department of TOTAL STATE FUNDS Lottery Proceeds State General Funds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS Lottery Proceeds State General Funds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $294,111,979 $290,081,308 $4,030,671 $110,474,059 $21,919,354 $88,554,705 $155,000 $155,000 $404,741,038 $306,009,646 $301,953,447 $4,056,199 $116,492,824 $25,938,119 $90,554,705 $155,000 $155,000 $422,657,470 Section Total - Continuation $294,111,979 $294,111,979 $290,081,308 $290,081,308 $4,030,671 $4,030,671 $110,474,059 $110,474,059 $21,919,354 $21,919,354 $88,554,705 $88,554,705 $155,000 $155,000 $155,000 $155,000 $404,741,038 $404,741,038 Section Total - Final $306,009,646 $306,009,646 $301,953,447 $301,953,447 $4,056,199 $4,056,199 $116,492,824 $116,492,824 $25,938,119 $25,938,119 $90,554,705 $90,554,705 $155,000 $155,000 $155,000 $155,000 $422,657,470 $422,657,470 THURSDAY, MARCH 23, 2006 4023 Child Care Services Continuation Budget 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 STATE FUNDS $4,030,671 $4,030,671 $4,030,671 State General Funds $4,030,671 $4,030,671 $4,030,671 TOTAL FEDERAL FUNDS $3,435,255 $3,435,255 $3,435,255 Child Care & Development Block Grant CFDA93.575 $3,435,255 $3,435,255 $3,435,255 TOTAL AGENCY FUNDS $155,000 $155,000 $155,000 Sales and Services $155,000 $155,000 $155,000 Sales and Services Not Itemized $155,000 $155,000 $155,000 TOTAL PUBLIC FUNDS $7,620,926 $7,620,926 $7,620,926 Statewide Changes 113.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $169,468 $169,468 $169,468 Child Care & Development Block Grant CFDA93.575 $18,765 $18,765 $18,765 TOTAL PUBLIC FUNDS $188,233 $188,233 $188,233 Changes in Operations / Administration 113.2 Provide funds for a new Board of Directors. State General Funds $21,060 $21,060 $21,060 Changes in How the Program is Funded 113.4 Reflect $3,435,255 in base budget funds in Child Care Development Block Grant from Department of Human Resources. Child Care & Development Block Grant CFDA93.575 $0 Changes in the Size of the Program 113.3 Eliminate contract (2% reduction). State General Funds ($165,000) ($165,000) ($165,000) 113. Child Care Services Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $4,056,199 $4,056,199 $4,056,199 State General Funds $4,056,199 $4,056,199 $4,056,199 4024 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS $3,454,020 $3,454,020 $3,454,020 Child Care & Development Block Grant CFDA93.575 $3,454,020 $3,454,020 $3,454,020 TOTAL AGENCY FUNDS $155,000 $155,000 $155,000 Sales and Services $155,000 $155,000 $155,000 Sales and Services Not Itemized $155,000 $155,000 $155,000 TOTAL PUBLIC FUNDS $7,665,219 $7,665,219 $7,665,219 Nutrition Continuation Budget The purpose is to ensure that eligible children and adults receive USDA compliant meals. TOTAL STATE FUNDS $0 $0 $0 TOTAL FEDERAL FUNDS $88,000,835 $88,000,835 $88,000,835 Federal Funds Not Itemized $88,000,835 $88,000,835 $88,000,835 TOTAL PUBLIC FUNDS $88,000,835 $88,000,835 $88,000,835 Changes in Operations / Administration 114.1 Provide funds for an increase in the cost of meals. Federal Funds Not Itemized $2,000,000 $2,000,000 $2,000,000 114. Nutrition Appropriation (HB1027) The purpose of this appropriation is to ensure that eligible children and adults receive USDA compliant meals. TOTAL FEDERAL FUNDS $90,000,835 $90,000,835 $90,000,835 Federal Funds Not Itemized $90,000,835 $90,000,835 $90,000,835 TOTAL PUBLIC FUNDS $90,000,835 $90,000,835 $90,000,835 Pre-Kindergarten Program Continuation Budget The purpose is to provide funding for providers who operate the Pre-K program. TOTAL STATE FUNDS $290,081,308 $290,081,308 $290,081,308 Lottery Proceeds $290,081,308 $290,081,308 $290,081,308 State General Funds $0 $0 TOTAL FEDERAL FUNDS $667,823 $667,823 $667,823 Child Care & Development Block Grant CFDA93.575 $113,953 $113,953 $113,953 Federal Funds Not Itemized $553,870 $553,870 $553,870 TOTAL PUBLIC FUNDS $290,749,131 $290,749,131 $290,749,131 Statewide Changes 115.1 GTA, GBA, WC, COLA, SHBP and Annualizer THURSDAY, MARCH 23, 2006 4025 Lottery Proceeds $5,989,476 $5,989,476 $5,989,476 Changes to the Purpose or the Purpose Measure 115.5 SAC: The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre- K programs operated by public and private providers throughout the state. House: To provide funding, training, technical assistance, and oversight of Pre-K programs operated by public and private providers throughout the state. State General Funds $0 $0 Changes in Operations / Administration 115.2 Increase salaries with current funds for certified consultants to make them more comparable to the state teacher salary schedule. (G:YES)(H:YES)(S:YES) Lottery Proceeds $0 $0 $0 Changes in Where or When the Services are Offered 115.3 Expand the Work Sampling System Assessment statewide to improve the evaluation of students' progress throughout the year. Lottery Proceeds $816,898 $816,898 $816,898 Changes in How the Program is Funded 115.6 Reflect $113,953 in base budget funds in Child Care Development Block Grant from Department of Human Resources. Child Care & Development Block Grant CFDA93.575 $0 Changes in the Size of the Program 115.4 Increase grants to fund 1,000 additional slots, bringing the total enrollment to 75,000. Lottery Proceeds $5,065,765 $5,065,765 $5,065,765 115. Pre-Kindergarten Program Appropriation (HB1027) The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-K programs operated by public and private providers throughout the state. TOTAL STATE FUNDS $301,953,447 $301,953,447 $301,953,447 Lottery Proceeds $301,953,447 $301,953,447 $301,953,447 TOTAL FEDERAL FUNDS $667,823 $667,823 $667,823 Child Care & Development Block Grant CFDA93.575 $113,953 $113,953 $113,953 Federal Funds Not Itemized $553,870 $553,870 $553,870 TOTAL PUBLIC FUNDS $302,621,270 $302,621,270 $302,621,270 4026 JOURNAL OF THE HOUSE Quality Initiatives Continuation Budget 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 STATE FUNDS $0 $0 $0 TOTAL FEDERAL FUNDS $18,370,146 $18,370,146 $18,370,146 Child Care & Development Block Grant CFDA93.575 $18,370,146 $18,370,146 $18,370,146 TOTAL PUBLIC FUNDS $18,370,146 $18,370,146 $18,370,146 Changes in Operations / Administration 116.1 Adjust funds to reflect actual budgets. Child Care & Development Block Grant CFDA93.575 $4,000,000 $4,000,000 $4,000,000 Changes in How the Program is Funded 116.2 Reflect $18,370,146 in base budget funds in Child Care Development Block Grant from Department of Human Resources. Child Care & Development Block Grant CFDA93.575 $0 116. Quality Initiatives Appropriation (HB1027) The purpose of this appropriation 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 FEDERAL FUNDS $22,370,146 $22,370,146 $22,370,146 Child Care & Development Block Grant CFDA93.575 $22,370,146 $22,370,146 $22,370,146 TOTAL PUBLIC FUNDS $22,370,146 $22,370,146 $22,370,146 Section 22: Economic Development, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds $31,501,663 $31,501,663 $20,244 $20,244 $31,521,907 $33,480,784 $33,480,784 Section Total - Continuation $31,501,663 $31,501,663 $31,501,663 $31,501,663 $20,244 $20,244 $20,244 $20,244 $31,521,907 $31,521,907 Section Total - Final $35,689,782 $35,013,432 $35,689,782 $35,013,432 THURSDAY, MARCH 23, 2006 4027 TOTAL AGENCY FUNDS $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures $20,244 $20,244 $20,244 TOTAL PUBLIC FUNDS $33,501,028 $35,710,026 $35,033,676 Business Recruitment and Expansion Continuation Budget The purpose is to provide assistance to local communities and to the state to recruit, retain, and expand businesses in Georgia. TOTAL STATE FUNDS $6,783,664 $6,783,664 $6,783,664 State General Funds $6,783,664 $6,783,664 $6,783,664 TOTAL PUBLIC FUNDS $6,783,664 $6,783,664 $6,783,664 Statewide Changes 117.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $146,396 $146,396 $146,396 One-Time Expense 117.5 Provide funding for the Savannah Riverwalk Project.(S:Fund in Bonds for $8,000,000) State General Funds $2,000,000 $0 Changes in the Size of the Program 117.2 Reduce to reflect agency reorganization efforts. State General Funds ($34,395) ($34,395) ($34,395) 117.3 Increase the department's capacity to grow jobs for Georgians by funding new positions.(H:Reduce one regional project manager) State General Funds $132,260 $66,130 $66,130 117.4 Expand international trade and recruitment activities by increasing funding for contracts in the Business Recruitment and Expansion program to hire a contractor to focus on Southern Europe ($35,000) and to cover costs of trade missions ($15,000). State General Funds $50,000 $50,000 $50,000 117. Business Recruitment and Expansion Appropriation (HB1027) The purpose of this appropriation is to provide assistance to local communities and to the state to recruit, retain, and expand businesses in Georgia. TOTAL STATE FUNDS $7,077,925 $9,011,795 $7,011,795 State General Funds $7,077,925 $9,011,795 $7,011,795 TOTAL PUBLIC FUNDS $7,077,925 $9,011,795 $7,011,795 4028 JOURNAL OF THE HOUSE Departmental Administration Continuation Budget The purpose is to influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. TOTAL STATE FUNDS $6,213,661 $6,213,661 $6,213,661 State General Funds $6,213,661 $6,213,661 $6,213,661 TOTAL PUBLIC FUNDS $6,213,661 $6,213,661 $6,213,661 Statewide Changes 118.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $162,968 $162,968 $162,968 Changes in the Size of the Program 118.2 Increase funds to reflect agency reorganization efforts. State General Funds $47,317 $47,317 $47,317 118. Departmental Administration Appropriation (HB1027) The purpose of this appropriation is to influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. TOTAL STATE FUNDS $6,423,946 $6,423,946 $6,423,946 State General Funds $6,423,946 $6,423,946 $6,423,946 TOTAL PUBLIC FUNDS $6,423,946 $6,423,946 $6,423,946 Film, Video, and Music Continuation Budget 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 STATE FUNDS $1,012,337 $1,012,337 $1,012,337 State General Funds $1,012,337 $1,012,337 $1,012,337 TOTAL PUBLIC FUNDS $1,012,337 $1,012,337 $1,012,337 Statewide Changes 119.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $16,372 $16,372 $16,372 Changes in Operations / Administration 119.4 Change the name "Film, Music, and Video" program to "Film, Video, and Music.(G:YES)(H:YES)(S:YES) State General Funds $0 $0 THURSDAY, MARCH 23, 2006 4029 Changes in the Size of the Program 119.2 Reduce funds to reflect agency reorganization efforts. State General Funds ($118,000) ($118,000) ($118,000) 119.3 Increase the department's capacity to grow jobs for Georgians by funding new positions. State General Funds $85,969 $85,969 $85,969 119.5 Provide funding to promote Georgia Film, Music, and Video.(S:Designate $100,000 to be used for the Georgia Music Hall of Fame Authority to celebrate the upcoming 10th anniversary inductee ceremony.) State General Funds $200,000 119. Film, Video, and Music Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $996,678 $996,678 $1,196,678 State General Funds $996,678 $996,678 $1,196,678 TOTAL PUBLIC FUNDS $996,678 $996,678 $1,196,678 International Relations and Trade Continuation Budget 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 STATE FUNDS $2,056,980 $2,056,980 $2,056,980 State General Funds $2,056,980 $2,056,980 $2,056,980 TOTAL PUBLIC FUNDS $2,056,980 $2,056,980 $2,056,980 Statewide Changes 120.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $34,190 $34,190 $34,190 Changes in the Size of the Program 120.2 Reduce funds to reflect agency reorganization efforts. State General Funds ($45,000) ($45,000) ($45,000) 120.3 Provide funds for Global Commerce Development. State General Funds $250,000 120. International Relations and Trade Appropriation (HB1027) The purpose of this appropriation is to provide international trade opportunities through exports to provide executive leadership for international relations and promote Georgia products and companies to other nations. 4030 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $2,046,170 $2,046,170 $2,296,170 State General Funds $2,046,170 $2,046,170 $2,296,170 TOTAL PUBLIC FUNDS $2,046,170 $2,046,170 $2,296,170 Office of Science and Technology Business Development Continuation Budget The purpose is to lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia. TOTAL STATE FUNDS $1,563,914 $1,563,914 $1,563,914 State General Funds $1,563,914 $1,563,914 $1,563,914 TOTAL PUBLIC FUNDS $1,563,914 $1,563,914 $1,563,914 Statewide Changes 121.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $19,047 $19,047 $19,047 Changes in Operations / Administration 121.5 Change the name "Office of Science and Technology Business Development" program to "Innovation and Technology".(G:YES)(H:YES)(S:YES) State General Funds $0 $0 One-Time Expense 121.6 Provide funds for Micro Enterprises. State General Funds $25,000 Changes in the Size of the Program 121.2 Reduce funds to reflect agency reorganization efforts. State General Funds ($50,000) ($50,000) ($50,000) 121.3 Increase the department's capacity to grow jobs for Georgians by funding new positions. State General Funds $66,130 $0 $66,130 121.4 Provide funding to the Innovation and Technology program for a bioscience collaboration project to identify and design public/private partnering opportunities that will leverage private funding to stimulate bioscience industry growth in Georgia. State General Funds $1,000,000 $1,000,000 $1,000,000 121. Office of Science and Technology Business Development Appropriation (HB1027) The purpose of this appropriation is to lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia. TOTAL STATE FUNDS $2,599,091 $2,532,961 $2,624,091 THURSDAY, MARCH 23, 2006 4031 State General Funds $2,599,091 $2,532,961 $2,624,091 TOTAL PUBLIC FUNDS $2,599,091 $2,532,961 $2,624,091 Small and Minority Business Development Continuation Budget The purpose is to provide guidance and support to agencies in maximizing access to state business opportunities for small and minority businesses. TOTAL STATE FUNDS $924,154 $924,154 $924,154 State General Funds $924,154 $924,154 $924,154 TOTAL AGENCY FUNDS $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures Not Itemized $20,244 $20,244 $20,244 TOTAL PUBLIC FUNDS $944,398 $944,398 $944,398 Statewide Changes 122.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $29,392 $29,392 $29,392 Changes in the Size of the Program 122.2 Reduce funds to reflect agency reorganization efforts. State General Funds ($59,922) ($59,922) ($59,922) 122.3 Increase the department's capacity to grow jobs for Georgians by funding new positions. State General Funds $66,130 $66,130 $66,130 122. Small and Minority Business Development Appropriation (HB1027) The purpose of this appropriation is to provide guidance and support to agencies in maximizing access to state business opportunities for small and minority businesses. TOTAL STATE FUNDS $959,754 $959,754 $959,754 State General Funds $959,754 $959,754 $959,754 TOTAL AGENCY FUNDS $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures Not Itemized $20,244 $20,244 $20,244 TOTAL PUBLIC FUNDS $979,998 $979,998 $979,998 Tourism Continuation Budget The purpose is to provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. 4032 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $11,096,169 $11,096,169 $11,096,169 State General Funds $11,096,169 $11,096,169 $11,096,169 TOTAL PUBLIC FUNDS $11,096,169 $11,096,169 $11,096,169 Statewide Changes 123.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $125,823 $125,823 $125,823 One-Time Expense 123.8 Provide funding for the Georgia Shrimp Association. State General Funds $50,000 $25,000 Changes in the Size of the Program 123.2 Increase funds to reflect agency reorganization efforts. State General Funds $260,000 $260,000 $260,000 123.3 Increase the department's capacity to grow jobs for Georgians by funding new positions. State General Funds $79,356 $79,356 $79,356 123.4 Reduce pass-thru funding for local welcome centers by 10%(Bainbridge-$9,832;local welcome center grant program-$21,426), continuing the phase-out of state funds.(H:Restore funds)(S:Restore funds and no phase-out) State General Funds ($31,258) $0 $0 123.5 Reduce funding for the Sylvania visitor center by 10% to continue to phase out state funds.(S:Restore funds and no phase out) State General Funds ($15,020) ($15,020) $0 123.6 Eliminate pass-thru funding for the Historic Chattahoochee Commission.(H:Restore $52,500 plus add an additional $52,500)(S:Restore funds) State General Funds ($52,500) $52,500 $0 123.7 Redirect $50,000 from the marketing fund to be used for the Georgia Shrimp Association.(S:NO) State General Funds $0 $0 123.9 Provide the resources to support the tourism effort to get the message to the customer through placement of print, broadcast media and other marketing initiatives. State General Funds $1,000,000 123. Tourism Appropriation (HB1027) The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. THURSDAY, MARCH 23, 2006 4033 TOTAL STATE FUNDS $11,462,570 $11,648,828 $12,586,348 State General Funds $11,462,570 $11,648,828 $12,586,348 TOTAL PUBLIC FUNDS $11,462,570 $11,648,828 $12,586,348 Payments to Aviation Hall of Fame Continuation Budget 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 STATE FUNDS $50,000 $50,000 $50,000 State General Funds $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 124. Payments to Aviation Hall of Fame Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $50,000 $50,000 $50,000 State General Funds $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 Payments to Golf Hall Of Fame Authority Continuation Budget 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 STATE FUNDS $58,685 $58,685 $58,685 State General Funds $58,685 $58,685 $58,685 TOTAL PUBLIC FUNDS $58,685 $58,685 $58,685 Statewide Changes 125.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $0 $0 $0 125. Payments to Golf Hall Of Fame Authority Appropriation (HB1027) The purpose of this appropriation 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. 4034 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $58,685 $58,685 $58,685 State General Funds $58,685 $58,685 $58,685 TOTAL PUBLIC FUNDS $58,685 $58,685 $58,685 Payments to Georgia Medical Center Authority Continuation Budget The purpose is to provide funds to the Georgia Medical Center Authority. TOTAL STATE FUNDS $250,000 $250,000 $250,000 State General Funds $250,000 $250,000 $250,000 TOTAL PUBLIC FUNDS $250,000 $250,000 $250,000 Statewide Changes 126.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $0 $0 $0 One-Time Expense 126.2 Provide funding for an Assistant Director position and funding to expand infrastructure. State General Funds $155,000 $0 126. Payments to Georgia Medical Center Authority Appropriation (HB1027) The purpose of this appropriation is to provide funds to the Georgia Medical Center Authority. TOTAL STATE FUNDS $250,000 $405,000 $250,000 State General Funds $250,000 $405,000 $250,000 TOTAL PUBLIC FUNDS $250,000 $405,000 $250,000 Payments to Georgia Music Hall of Fame Authority Continuation Budget The purpose is to preserve Georgia's rich musical heritage. TOTAL STATE FUNDS $767,039 $767,039 $767,039 State General Funds $767,039 $767,039 $767,039 TOTAL PUBLIC FUNDS $767,039 $767,039 $767,039 Statewide Changes 127.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $20,050 $20,050 $20,050 Changes in Operations / Administration 127.2 Provide additional funds for one new position to manage and expand the volunteer program. State General Funds $26,981 $26,981 $26,981 THURSDAY, MARCH 23, 2006 4035 127. Payments to Georgia Music Hall of Fame Authority Appropriation (HB1027) The purpose of this appropriation is to preserve Georgia's rich musical heritage. TOTAL STATE FUNDS $814,070 $814,070 $814,070 State General Funds $814,070 $814,070 $814,070 TOTAL PUBLIC FUNDS $814,070 $814,070 $814,070 Payments to Georgia Sports Hall of Fame Authority Continuation Budget The purpose is to preserve and interpret the history of sports in Georgia. TOTAL STATE FUNDS $725,060 $725,060 $725,060 State General Funds $725,060 $725,060 $725,060 TOTAL PUBLIC FUNDS $725,060 $725,060 $725,060 Statewide Changes 128.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $16,835 $16,835 $16,835 128. Payments to Georgia Sports Hall of Fame Authority Appropriation (HB1027) The purpose of this appropriation is to preserve and interpret the history of sports in Georgia. TOTAL STATE FUNDS $741,895 $741,895 $741,895 State General Funds $741,895 $741,895 $741,895 TOTAL PUBLIC FUNDS $741,895 $741,895 $741,895 Section 23: Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS $6,439,678,120 $6,439,678,120 $1,109,448,190 $1,109,448,190 $41,498,551 $3,896,476 $5,891,703 $93,486 $31,616,886 $7,590,624,861 Section Total - Continuation $6,439,678,120 $6,439,678,120 $6,439,678,120 $6,439,678,120 $1,109,448,190 $1,109,448,190 $1,109,448,190 $1,109,448,190 $41,498,551 $41,498,551 $3,896,476 $3,896,476 $5,891,703 $5,891,703 $93,486 $93,486 $31,616,886 $31,616,886 $7,590,624,861 $7,590,624,861 4036 JOURNAL OF THE HOUSE Section Total - Final TOTAL STATE FUNDS $7,217,901,070 $7,218,454,201 $7,219,835,343 State General Funds $7,187,901,070 $7,188,454,201 $7,189,835,343 Tobacco Settlement Funds $30,000,000 $30,000,000 $30,000,000 TOTAL FEDERAL FUNDS $1,109,448,190 $1,109,448,190 $1,110,456,201 Federal Funds Not Itemized $1,109,448,190 $1,109,448,190 $1,110,256,201 Temporary Assistance for Needy Families $200,000 TOTAL AGENCY FUNDS $11,498,551 $11,498,551 $11,440,540 Contributions, Donations, and Forfeitures $3,896,476 $3,896,476 $3,843,465 Reserved Fund Balances $5,891,703 $5,891,703 $5,891,703 Intergovernmental Transfers $93,486 $93,486 $88,486 Sales and Services $1,616,886 $1,616,886 $1,616,886 TOTAL PUBLIC FUNDS $8,338,847,811 $8,339,400,942 $8,341,732,084 Academic Coach Program Continuation Budget 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 STATE FUNDS $3,899,132 $3,899,132 $3,899,132 State General Funds $3,899,132 $3,899,132 $3,899,132 TOTAL PUBLIC FUNDS $3,899,132 $3,899,132 $3,899,132 Changes in Operations / Administration 129.3 Transfer funds and activities of Teacher Liability Insurance to State Interagency Transfers. State General Funds ($1,300,000) Changes in the Size of the Program 129.1 Reduce funding (2% reduction). State General Funds ($66,000) ($66,000) $0 129.2 Provide funds for Needs Improvement schools. State General Funds $2,467,578 $2,467,578 $2,467,578 129. Academic Coach Program Appropriation (HB1027) 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 STATE FUNDS $6,300,710 $6,300,710 $5,066,710 THURSDAY, MARCH 23, 2006 4037 State General Funds $6,300,710 $6,300,710 $5,066,710 TOTAL PUBLIC FUNDS $6,300,710 $6,300,710 $5,066,710 Agricultural Education Continuation Budget 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 STATE FUNDS $7,423,422 $7,423,422 $7,423,422 State General Funds $7,423,422 $7,423,422 $7,423,422 TOTAL FEDERAL FUNDS $126,577 $126,577 $126,577 Federal Funds Not Itemized $126,577 $126,577 $126,577 TOTAL PUBLIC FUNDS $7,549,999 $7,549,999 $7,549,999 Statewide Changes 130.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $685,237 $685,237 $685,237 Changes in Operations / Administration 130.2 Transfer from Central Office. State General Funds $114,613 Federal Funds Not Itemized $324,200 TOTAL PUBLIC FUNDS $438,813 130. Agricultural Education Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $8,108,659 $8,108,659 $8,223,272 State General Funds $8,108,659 $8,108,659 $8,223,272 TOTAL FEDERAL FUNDS $126,577 $126,577 $450,777 Federal Funds Not Itemized $126,577 $126,577 $450,777 TOTAL PUBLIC FUNDS $8,235,236 $8,235,236 $8,674,049 Central Office Continuation Budget The purpose is to act as a service oriented agency supporting local school districts. TOTAL STATE FUNDS $34,924,681 $34,924,681 $34,924,681 State General Funds $34,924,681 $34,924,681 $34,924,681 TOTAL FEDERAL FUNDS $34,182,308 $34,182,308 $34,182,308 4038 JOURNAL OF THE HOUSE Federal Funds Not Itemized $34,182,308 $34,182,308 $34,182,308 TOTAL AGENCY FUNDS $10,897,550 $10,897,550 $10,897,550 Contributions, Donations, and Forfeitures $3,796,476 $3,796,476 $3,796,476 Contributions, Donations, and Forfeitures Not Itemized $3,796,476 $3,796,476 $3,796,476 Reserved Fund Balances $5,891,703 $5,891,703 $5,891,703 Reserved Fund Balances Not Itemized $5,891,703 $5,891,703 $5,891,703 Intergovernmental Transfers $93,486 $93,486 $93,486 Intergovernmental Transfers Not Itemized $93,486 $93,486 $93,486 Sales and Services $1,115,885 $1,115,885 $1,115,885 Sales and Services Not Itemized $1,115,885 $1,115,885 $1,115,885 TOTAL PUBLIC FUNDS $80,004,539 $80,004,539 $80,004,539 Statewide Changes 131.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $1,465,557 $1,465,557 $1,465,557 Changes in Operations / Administration 131.2 Reduce funding to reflect anticipated real estate payments from the Office of Student Achievement. State General Funds ($14,000) ($14,000) ($14,000) 131.6 Transfer the administration for Agriculture Education ($438,813), Curriculum ($12,648,440), Special Education ($7,030,147), IT Services ($3,678,307), Nutrition ($4,112,514), Pupil Transportation ($537,958), School Improvement ($3,768,040), State Schools ($1,613,993), Technology/Career Education ($4,317,541), and Testing ($639,392) to their respective programs. State General Funds ($10,803,830) Federal Funds Not Itemized ($27,015,574) Contributions, Donations, and Forfeitures Not Itemized ($2,616,092) Intergovernmental Transfers Not Itemized ($5,000) TOTAL PUBLIC FUNDS ($40,440,496) 131.7 Transfer Educational Technology to Information Technology Services. State General Funds ($1,179,939) Federal Funds Not Itemized ($895,748) Contributions, Donations, and Forfeitures Not Itemized ($529,000) TOTAL PUBLIC FUNDS ($2,604,687) THURSDAY, MARCH 23, 2006 4039 One-Time Expense 131.3 Redirect funds to allow for an evaluation of the Reading and Math program. (H:Transfer funds from the Reading and Math program to fund evaluation.)(S:Governor position) State General Funds $0 $150,000 $0 Changes in What Services are Offered 131.4 Eliminate funding for the Global Achievers contract. (S:Reduce funding.) State General Funds ($50,000) ($50,000) ($35,000) Changes in the Size of the Program 131.5 Reduce funding ( 2% reduction). State General Funds ($698,493) ($698,493) $0 131. Central Office Appropriation (HB1027) The purpose of this appropriation is to act as a service oriented agency supporting local school districts. TOTAL STATE FUNDS $35,627,745 $35,777,745 $24,357,469 State General Funds $35,627,745 $35,777,745 $24,357,469 TOTAL FEDERAL FUNDS $34,182,308 $34,182,308 $6,270,986 Federal Funds Not Itemized $34,182,308 $34,182,308 $6,270,986 TOTAL AGENCY FUNDS $10,897,550 $10,897,550 $7,747,458 Contributions, Donations, and Forfeitures $3,796,476 $3,796,476 $651,384 Contributions, Donations, and Forfeitures Not Itemized $3,796,476 $3,796,476 $651,384 Reserved Fund Balances $5,891,703 $5,891,703 $5,891,703 Reserved Fund Balances Not Itemized $5,891,703 $5,891,703 $5,891,703 Intergovernmental Transfers $93,486 $93,486 $88,486 Intergovernmental Transfers Not Itemized $93,486 $93,486 $88,486 Sales and Services $1,115,885 $1,115,885 $1,115,885 Sales and Services Not Itemized $1,115,885 $1,115,885 $1,115,885 TOTAL PUBLIC FUNDS $80,707,603 $80,857,603 $38,375,913 Charter Schools Continuation Budget 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 STATE FUNDS $770,193 $770,193 $770,193 State General Funds $770,193 $770,193 $770,193 4040 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS $6,729,711 $6,729,711 $6,729,711 Federal Funds Not Itemized $6,729,711 $6,729,711 $6,729,711 TOTAL PUBLIC FUNDS $7,499,904 $7,499,904 $7,499,904 Changes in Operations / Administration 132.1 Provide additional funding for development to include the lease, rental, repair and/or renovation of facilities. State General Funds $450,000 $450,000 132. Charter Schools Appropriation (HB1027) 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 STATE FUNDS $770,193 $1,220,193 $1,220,193 State General Funds $770,193 $1,220,193 $1,220,193 TOTAL FEDERAL FUNDS $6,729,711 $6,729,711 $6,729,711 Federal Funds Not Itemized $6,729,711 $6,729,711 $6,729,711 TOTAL PUBLIC FUNDS $7,499,904 $7,949,904 $7,949,904 Curriculum Standards Continuation Budget The purpose is to provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers and students. TOTAL STATE FUNDS $1,774,833 $1,774,833 $1,774,833 State General Funds $1,774,833 $1,774,833 $1,774,833 TOTAL PUBLIC FUNDS $1,774,833 $1,774,833 $1,774,833 Changes in Operations / Administration 134.3 Transfer from Central Office. State General Funds $2,666,020 Federal Funds Not Itemized $9,819,339 Contributions, Donations, and Forfeitures Not Itemized $163,081 TOTAL PUBLIC FUNDS $12,648,440 134.4 Change program name to: "Curriculum Standards." (S:YES) State General Funds $0 134.5 Transfer funds and activities of Georgia Youth Science and Technology Centers ($689,203), National Science Center and Foundation ($1,416,750), and Foreign Language ($1,590,857). State General Funds $3,696,810 THURSDAY, MARCH 23, 2006 4041 Changes in the Size of the Program 134.1 Redirect funds to Testing to align the Georgia Alternate Assessment (GAA) with the new Georgia Performance Standards (GPS). State General Funds ($500,000) $0 $0 134.2 Eliminate payment to National Science Center Foundation. State General Funds ($316,000) 134.6 Provide funding to the Center for Understanding School Policy for Basic Right Over Wrong (B-ROW) education. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $200,000 134. Curriculum Standards Appropriation (HB1027) The purpose of this appropriation is to provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers and students. TOTAL STATE FUNDS $1,274,833 $1,774,833 $7,821,663 State General Funds $1,274,833 $1,774,833 $7,821,663 TOTAL FEDERAL FUNDS $10,019,339 Federal Funds Not Itemized $9,819,339 Temporary Assistance for Needy Families $200,000 Temporary Assistance for Needy Families Block Grant CFDA $200,000 93.558 TOTAL AGENCY FUNDS $163,081 Contributions, Donations, and Forfeitures $163,081 Contributions, Donations, and Forfeitures Not Itemized $163,081 TOTAL PUBLIC FUNDS $1,274,833 $1,774,833 $18,004,083 Georgia Virtual School Continuation Budget 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 STATE FUNDS $1,385,000 $1,385,000 $1,385,000 State General Funds $1,385,000 $1,385,000 $1,385,000 TOTAL PUBLIC FUNDS $1,385,000 $1,385,000 $1,385,000 Statewide Changes 139.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $3,734 $3,734 $3,734 4042 JOURNAL OF THE HOUSE Changes in the Size of the Program 139.2 Add funding and two positions to expand the program by an additional 2,000 seats. State General Funds $800,000 $800,000 $800,000 139. Georgia Virtual School Appropriation (HB1027) 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 STATE FUNDS $2,188,734 $2,188,734 $2,188,734 State General Funds $2,188,734 $2,188,734 $2,188,734 TOTAL PUBLIC FUNDS $2,188,734 $2,188,734 $2,188,734 Governor's Honors Program Continuation Budget 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 STATE FUNDS $1,416,743 $1,416,743 $1,416,743 State General Funds $1,416,743 $1,416,743 $1,416,743 TOTAL PUBLIC FUNDS $1,416,743 $1,416,743 $1,416,743 Statewide Changes 141.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $1,480 $1,480 $1,480 141. Governor's Honors Program Appropriation (HB1027) 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 STATE FUNDS $1,418,223 $1,418,223 $1,418,223 State General Funds $1,418,223 $1,418,223 $1,418,223 TOTAL PUBLIC FUNDS $1,418,223 $1,418,223 $1,418,223 Information Technology Services Continuation Budget The purpose is primarily responsible for the collection and reporting of accurate data through the development and maintenance of web-enabled applications. TOTAL STATE FUNDS $7,496,550 $7,496,550 $7,496,550 State General Funds $7,496,550 $7,496,550 $7,496,550 TOTAL PUBLIC FUNDS $7,496,550 $7,496,550 $7,496,550 THURSDAY, MARCH 23, 2006 4043 Changes in Operations / Administration 142.2 Transfer from Central Office. State General Funds $1,273,307 Federal Funds Not Itemized $5,000 Contributions, Donations, and Forfeitures Not Itemized $2,400,000 TOTAL PUBLIC FUNDS $3,678,307 142.4 Transfer Educational Technology from Central Office. State General Funds $1,179,939 Federal Funds Not Itemized $2,551,099 Contributions, Donations, and Forfeitures Not Itemized $529,000 TOTAL PUBLIC FUNDS $4,260,038 One-Time Expense 142.3 Provide funds for Fund Accounting. State General Funds $4,000,000 Changes in the Size of the Program 142.1 Reduce funding for the Educational Technology Training Centers (ETTCs). State General Funds ($79,231) ($79,231) $0 142. Information Technology Services Appropriation (HB1027) The purpose of this appropriation is primarily responsible for the collection and reporting of accurate data through the development and maintenance of web-enabled applications. TOTAL STATE FUNDS $7,417,319 $7,417,319 $13,949,796 State General Funds $7,417,319 $7,417,319 $13,949,796 TOTAL FEDERAL FUNDS $2,556,099 Federal Funds Not Itemized $2,556,099 TOTAL AGENCY FUNDS $2,929,000 Contributions, Donations, and Forfeitures $2,929,000 Contributions, Donations, and Forfeitures Not Itemized $2,929,000 TOTAL PUBLIC FUNDS $7,417,319 $7,417,319 $19,434,895 National Board Certification Continuation Budget 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 4044 JOURNAL OF THE HOUSE teachers (based on the state salary) to local systems. TOTAL STATE FUNDS $11,038,035 $11,038,035 $11,038,035 State General Funds $11,038,035 $11,038,035 $11,038,035 TOTAL PUBLIC FUNDS $11,038,035 $11,038,035 $11,038,035 Changes to the Purpose or the Purpose Measure 143.1 SAC: The purpose of this appropriation is to provide the ten percent salary increase for National Board Certified teachers to local systems (jointly administered between the Department of Education and the Professional Standards Commission). The purpose will be measured by the number and percentage of teachers who hold National Board Certification by district. House: To provide the ten percent salary increase for National Board Certified teachers to local systems (jointly administered between the Department of Education and the Professional Standards Commission). State General Funds $0 $0 143. National Board Certification Appropriation (HB1027) The purpose of this appropriation is to provide the ten percent salary increase for National Board Certified teachers to local systems (jointly administered between the Department of Education and the Professional Standards Commission). The purpose will be measured by the number and percentage of teachers who hold National Board Certification by district. TOTAL STATE FUNDS $11,038,035 $11,038,035 $11,038,035 State General Funds $11,038,035 $11,038,035 $11,038,035 TOTAL PUBLIC FUNDS $11,038,035 $11,038,035 $11,038,035 Non Quality Basic Education Formula Grants Continuation Budget 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 STATE FUNDS $7,688,674 $7,688,674 $7,688,674 State General Funds $7,688,674 $7,688,674 $7,688,674 TOTAL PUBLIC FUNDS $7,688,674 $7,688,674 $7,688,674 Changes in Operations / Administration 145.4 Create a new program called Classroom Supplies. (G:YES)(H:YES)(S:NO) State General Funds $0 $0 $0 145.5 Transfer Special Ed-Low Incidence grant to Exceptional Students. State General Funds ($826,722) THURSDAY, MARCH 23, 2006 4045 One-Time Expense 145.1 Remove one-time funds in Migrant Education for the Bulloch County poultry plant. (S:Jeff Davis County Board of Education Migrant Education.) State General Funds ($250,000) ($250,000) ($50,000) Changes in the Size of the Program 145.2 Provide funds for teachers for classroom supplies ($100 purchase card). (H:Add funds to provide a $100 teacher supply card for all state and local classroom teachers.)(S:Governor's position) State General Funds $10,000,000 $10,500,000 $10,000,000 145.3 Increase grants to schools for remedial education in grades 6-8. State General Funds $3,800,000 145. Non Quality Basic Education Formula Grants Appropriation (HB1027) 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 STATE FUNDS $17,438,674 $17,938,674 $20,611,952 State General Funds $17,438,674 $17,938,674 $20,611,952 TOTAL PUBLIC FUNDS $17,438,674 $17,938,674 $20,611,952 Nutrition Continuation Budget 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 STATE FUNDS $36,017,592 $36,017,592 $36,017,592 State General Funds $36,017,592 $36,017,592 $36,017,592 TOTAL FEDERAL FUNDS $188,375,722 $188,375,722 $188,375,722 Federal Funds Not Itemized $188,375,722 $188,375,722 $188,375,722 TOTAL PUBLIC FUNDS $224,393,314 $224,393,314 $224,393,314 Statewide Changes 146.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $1,506,292 $1,506,292 $1,506,292 Changes in Operations / Administration 146.2 Transfer from Central Office. State General Funds $165,115 Federal Funds Not Itemized $3,947,399 4046 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $4,112,514 146. Nutrition Appropriation (HB1027) The purpose of this appropriation is to provide leadership, training, technical assistance, and resources, so local program personnel can deliver meals that support nutritional well-being and performance at school. TOTAL STATE FUNDS $37,523,884 $37,523,884 $37,688,999 State General Funds $37,523,884 $37,523,884 $37,688,999 TOTAL FEDERAL FUNDS $188,375,722 $188,375,722 $192,323,121 Federal Funds Not Itemized $188,375,722 $188,375,722 $192,323,121 TOTAL PUBLIC FUNDS $225,899,606 $225,899,606 $230,012,120 Principal Supplements Continuation Budget 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 STATE FUNDS $5,361,125 $5,361,125 $5,361,125 State General Funds $5,361,125 $5,361,125 $5,361,125 TOTAL PUBLIC FUNDS $5,361,125 $5,361,125 $5,361,125 Changes to the Purpose or the Purpose Measure 148.3 SAC: The purpose of this appropriation 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. House: To provide Supplements to principals. State General Funds $0 $0 Changes in Operations / Administration 148.1 Create a new program called High Performing Principals. (G:YES)(H:YES)(S:NO) State General Funds $0 $0 $0 Changes in What Services are Offered 148.2 Provide grant funds for school districts to recruit high performing principals for target schools (High Performing Principals). (H:Provide funding for 100 principals at a maximum of $15,000 each as authorized in SB 468.) (S:Provide funding for 75 principals at a maximum of $15,000 each as authorized in SB 468.) State General Funds $3,000,000 $1,500,000 $1,125,000 148. Principal Supplements Appropriation (HB1027) The purpose of this appropriation 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. THURSDAY, MARCH 23, 2006 4047 TOTAL STATE FUNDS $8,361,125 $6,861,125 $6,486,125 State General Funds $8,361,125 $6,861,125 $6,486,125 TOTAL PUBLIC FUNDS $8,361,125 $6,861,125 $6,486,125 Quality Basic Education Equalization Continuation Budget 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 STATE FUNDS $371,657,510 $371,657,510 $371,657,510 State General Funds $371,657,510 $371,657,510 $371,657,510 TOTAL PUBLIC FUNDS $371,657,510 $371,657,510 $371,657,510 Changes in the Size of the Program 149.1 Provide for an increase in grants. State General Funds $46,575,439 $46,575,439 $46,575,439 149.2 Annualize the correction to grant funding to properly reflect millage increase. (H:Reflects the actual calculation with proposed legislative changes and exclusion of hurricane FTE's.)(S:House position) State General Funds $8,789,577 $8,591,423 $8,591,423 149. Quality Basic Education Equalization Appropriation (HB1027) 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 STATE FUNDS $427,022,526 $426,824,372 $426,824,372 State General Funds $427,022,526 $426,824,372 $426,824,372 TOTAL PUBLIC FUNDS $427,022,526 $426,824,372 $426,824,372 Quality Basic Education Local Five Mill Share Continuation Budget 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 STATE FUNDS ($1,335,476,389) ($1,335,476,389) ($1,335,476,389) State General Funds ($1,335,476,389) ($1,335,476,389) ($1,335,476,389) TOTAL PUBLIC FUNDS ($1,335,476,389) ($1,335,476,389) ($1,335,476,389) Changes to the Purpose or the Purpose Measure 150.2 SAC: 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. 4048 JOURNAL OF THE HOUSE House: 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. State General Funds $0 $0 Changes in Operations / Administration 150.1 Increase funds. State General Funds ($104,786,117) ($104,786,117) ($104,786,117) 150. Quality Basic Education Local Five Mill Share Appropriation (HB1027) 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 STATE FUNDS ($1,440,262,506) ($1,440,262,506) ($1,440,262,506) State General Funds ($1,440,262,506) ($1,440,262,506) ($1,440,262,506) TOTAL PUBLIC FUNDS ($1,440,262,506) ($1,440,262,506) ($1,440,262,506) Quality Basic Education Program Continuation Budget 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 STATE FUNDS $6,677,381,942 $6,677,381,942 $6,677,381,942 State General Funds $6,677,381,942 $6,677,381,942 $6,677,381,942 TOTAL PUBLIC FUNDS $6,677,381,942 $6,677,381,942 $6,677,381,942 Statewide Changes 151.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $371,781,789 $371,781,789 $371,781,789 Changes in the Size of the Program 151.2 Expand Remedial Education to include students in grades 6-8. (H:Provide funding as part of the FY 2007 midterm adjustment once an actual FTE count is available in October 2006.)(S:Provide funding in Non-QBE Grants program.) State General Funds $2,390,507 $0 $0 151.3 Provide funds to reduce the individual maximum class size for grades K-8. State General Funds $163,164,787 $163,164,787 $163,164,787 151.4 Provide funds for enrollment growth of 2.5% and an increase in teacher training and experience. State General Funds $201,590,474 $201,590,474 $201,590,474 151.5 Provide funds to restore half of the FY 2003 reductions to the formula funding for media materials increasing the rate from $9.77 to $14.65 per FTE. (S: Increase the media materials rate from $9.77 to $1104 per FTE). THURSDAY, MARCH 23, 2006 4049 State General Funds $7,646,577 $1,989,176 151.6 Provide funding for school systems to fund one high school completion counselor, at the base teacher salary plus fringe benefits, for each of Georgia's 385 high schools and adjust for training and experience, as necessary, in future calculations. (S:See item 426.3.) State General Funds $15,429,069 $0 151. Quality Basic Education Program Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $7,416,309,499 $7,436,994,638 $7,415,908,168 State General Funds $7,416,309,499 $7,436,994,638 $7,415,908,168 TOTAL PUBLIC FUNDS $7,416,309,499 $7,436,994,638 $7,415,908,168 Regional Education Service Agencies Continuation Budget 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 STATE FUNDS $11,473,253 $11,473,253 $11,473,253 State General Funds $11,473,253 $11,473,253 $11,473,253 TOTAL PUBLIC FUNDS $11,473,253 $11,473,253 $11,473,253 Statewide Changes 152.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $489,218 $489,218 $489,218 Changes in the Size of the Program 152.2 Reduce funding (2% reduction). State General Funds ($229,465) $0 $0 152. Regional Education Service Agencies Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $11,733,006 $11,962,471 $11,962,471 State General Funds $11,733,006 $11,962,471 $11,962,471 TOTAL PUBLIC FUNDS $11,733,006 $11,962,471 $11,962,471 4050 JOURNAL OF THE HOUSE School Improvement Continuation Budget 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 STATE FUNDS $11,636,228 $11,636,228 $11,636,228 State General Funds $11,636,228 $11,636,228 $11,636,228 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Contributions, Donations, and Forfeitures $100,000 $100,000 $100,000 Contributions, Donations, and Forfeitures Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $11,736,228 $11,736,228 $11,736,228 Changes in Operations / Administration 153.2 Transfer from Central Office. State General Funds $1,980,469 Federal Funds Not Itemized $1,787,571 TOTAL PUBLIC FUNDS $3,768,040 153.3 Transfer Comprehensive School Reform funds from U.S. Department of Education Grants. Federal Funds Not Itemized $17,222,647 Changes in the Size of the Program 153.1 Redirect to Testing to fund an assessment for English Language Learners to measure English proficiency. State General Funds ($1,000,000) $0 $0 153. School Improvement Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $10,636,228 $11,636,228 $13,616,697 State General Funds $10,636,228 $11,636,228 $13,616,697 TOTAL FEDERAL FUNDS $19,010,218 Federal Funds Not Itemized $19,010,218 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Contributions, Donations, and Forfeitures $100,000 $100,000 $100,000 Contributions, Donations, and Forfeitures Not Itemized $100,000 $100,000 $100,000 THURSDAY, MARCH 23, 2006 4051 TOTAL PUBLIC FUNDS $10,736,228 $11,736,228 $32,726,915 School Nurses Continuation Budget 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 STATE FUNDS $0 $0 $0 TOTAL AGENCY FUNDS $30,000,000 $30,000,000 $30,000,000 Sales and Services $30,000,000 $30,000,000 $30,000,000 Sales and Services Not Itemized $30,000,000 $30,000,000 $30,000,000 TOTAL PUBLIC FUNDS $30,000,000 $30,000,000 $30,000,000 Changes in How the Program is Funded 154.1 Replace funds. Tobacco Settlement Funds $30,000,000 $30,000,000 $30,000,000 Sales and Services Not Itemized ($30,000,000) ($30,000,000) ($30,000,000) TOTAL PUBLIC FUNDS $0 $0 $0 154. School Nurses Appropriation (HB1027) 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 STATE FUNDS $30,000,000 $30,000,000 $30,000,000 Tobacco Settlement Funds $30,000,000 $30,000,000 $30,000,000 TOTAL PUBLIC FUNDS $30,000,000 $30,000,000 $30,000,000 State Interagency Transfers Continuation Budget The purpose is to provide health insurance to retired teachers and non certified personnel and to pass through funding via a contract. TOTAL STATE FUNDS $251,591,693 $251,591,693 $251,591,693 State General Funds $251,591,693 $251,591,693 $251,591,693 TOTAL FEDERAL FUNDS $18,888,697 $18,888,697 $18,888,697 Federal Funds Not Itemized $18,888,697 $18,888,697 $18,888,697 TOTAL PUBLIC FUNDS $270,480,390 $270,480,390 $270,480,390 Changes in Operations / Administration 156.2 Transfer Even Start funds from U.S. Department of Education Grants. Federal Funds Not Itemized $6,391,803 4052 JOURNAL OF THE HOUSE 156.3 Transfer funds and activities of Teacher Liability Insurance from the Academic Coach program.. State General Funds $1,300,000 Changes in the Size of the Program 156.1 Transfer funds from Teacher Liability Insurance to Testing to fund additional students and the increased cost of the Preliminary Scholastic Assessment Test (PSAT). State General Funds ($200,000) ($200,000) ($200,000) 156. State Interagency Transfers Appropriation (HB1027) The purpose of this appropriation is to provide health insurance to retired teachers and non certified personnel and to pass through funding via a contract. TOTAL STATE FUNDS $251,391,693 $251,391,693 $252,691,693 State General Funds $251,391,693 $251,391,693 $252,691,693 TOTAL FEDERAL FUNDS $18,888,697 $18,888,697 $25,280,500 Federal Funds Not Itemized $18,888,697 $18,888,697 $25,280,500 TOTAL PUBLIC FUNDS $270,280,390 $270,280,390 $277,972,193 Reading and Math Continuation Budget 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 STATE FUNDS $26,652,770 $26,652,770 $26,652,770 State General Funds $26,652,770 $26,652,770 $26,652,770 TOTAL PUBLIC FUNDS $26,652,770 $26,652,770 $26,652,770 Changes in Operations / Administration 157.2 Transfer Reading First funds from U.S. Department of Education Grants. Federal Funds Not Itemized $50,116,464 157.3 Change name to: "Reading and Math." (S:YES) State General Funds $0 Changes in the Size of the Program 157.1 Transfer funds to Central Office to fund an evaluation of the Reading and Math program. State General Funds ($150,000) $0 157. Reading and Math Appropriation (HB1027) 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. THURSDAY, MARCH 23, 2006 4053 TOTAL STATE FUNDS $26,652,770 $26,502,770 $26,652,770 State General Funds $26,652,770 $26,502,770 $26,652,770 TOTAL FEDERAL FUNDS $50,116,464 Federal Funds Not Itemized $50,116,464 TOTAL PUBLIC FUNDS $26,652,770 $26,502,770 $76,769,234 State Schools Continuation Budget 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 STATE FUNDS $18,875,323 $18,875,323 $18,875,323 State General Funds $18,875,323 $18,875,323 $18,875,323 TOTAL FEDERAL FUNDS $431,714 $431,714 $431,714 Federal Funds Not Itemized $431,714 $431,714 $431,714 TOTAL AGENCY FUNDS $501,001 $501,001 $501,001 Sales and Services $501,001 $501,001 $501,001 Sales and Services Not Itemized $501,001 $501,001 $501,001 TOTAL PUBLIC FUNDS $19,808,038 $19,808,038 $19,808,038 Statewide Changes 158.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $1,323,270 $1,323,270 $1,323,270 Changes in Operations / Administration 158.2 Transfer from Central Office. State General Funds $1,578,723 Federal Funds Not Itemized $35,270 TOTAL PUBLIC FUNDS $1,613,993 158. State Schools Appropriation (HB1027) 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 STATE FUNDS $20,198,593 $20,198,593 $21,777,316 State General Funds $20,198,593 $20,198,593 $21,777,316 TOTAL FEDERAL FUNDS $431,714 $431,714 $466,984 Federal Funds Not Itemized $431,714 $431,714 $466,984 4054 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS $501,001 $501,001 $501,001 Sales and Services $501,001 $501,001 $501,001 Sales and Services Not Itemized $501,001 $501,001 $501,001 TOTAL PUBLIC FUNDS $21,131,308 $21,131,308 $22,745,301 Technology/Career Education Continuation Budget The purpose is to equip students with academic, technical and leadership skills. TOTAL STATE FUNDS $15,256,641 $15,256,641 $15,256,641 State General Funds $15,256,641 $15,256,641 $15,256,641 TOTAL FEDERAL FUNDS $20,606,546 $20,606,546 $20,606,546 Federal Funds Not Itemized $20,606,546 $20,606,546 $20,606,546 TOTAL PUBLIC FUNDS $35,863,187 $35,863,187 $35,863,187 Statewide Changes 159.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $697,745 $697,745 $697,745 Changes in Operations / Administration 159.2 Transfer from Central Office. State General Funds $1,736,139 Federal Funds Not Itemized $2,581,402 TOTAL PUBLIC FUNDS $4,317,541 159. Technology/Career Education Appropriation (HB1027) The purpose of this appropriation is to equip students with academic, technical and leadership skills. TOTAL STATE FUNDS $15,954,386 $15,954,386 $17,690,525 State General Funds $15,954,386 $15,954,386 $17,690,525 TOTAL FEDERAL FUNDS $20,606,546 $20,606,546 $23,187,948 Federal Funds Not Itemized $20,606,546 $20,606,546 $23,187,948 TOTAL PUBLIC FUNDS $36,560,932 $36,560,932 $40,878,473 Testing Continuation Budget The purpose is to adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program. TOTAL STATE FUNDS $17,709,829 $17,709,829 $17,709,829 State General Funds $17,709,829 $17,709,829 $17,709,829 THURSDAY, MARCH 23, 2006 4055 TOTAL FEDERAL FUNDS $9,704,191 $9,704,191 $9,704,191 Federal Funds Not Itemized $9,704,191 $9,704,191 $9,704,191 TOTAL PUBLIC FUNDS $27,414,020 $27,414,020 $27,414,020 Changes in Operations / Administration 160.7 Transfer from Central Office. State General Funds $248,407 Federal Funds Not Itemized $390,985 TOTAL PUBLIC FUNDS $639,392 Changes in What Services are Offered 160.1 Redirect from School Improvement to fund an assessment for English Language Learners to measure English proficiency. State General Funds $1,000,000 $0 $0 160.2 Expand the web-based classroom accountability model. State General Funds $800,000 $800,000 $0 160.8 Provide funding for an assessment for English Language Learners to measure English proficiency. State General Funds $1,000,000 $500,000 Federal Funds Not Itemized $500,000 TOTAL PUBLIC FUNDS $1,000,000 Changes in the Size of the Program 160.3 Redirect funds from Curriculum Development to align the Georgia Alternate Assessment (GAA) with the new Georgia Performance Standards (GPS). State General Funds $500,000 $0 $0 160.4 Annualize funding for the online SAT preparation software and maintain current contract rate for FY 2007. State General Funds $1,000,000 $1,000,000 $1,000,000 160.5 Redirect funds from Teacher Liability Insurance to fund additional students and the increased cost of the Preliminary Scholastic Assessment Test (PSAT). State General Funds $200,000 $200,000 $200,000 160.6 Provide funds to align the Georgia Alternate Assessment (GAA) with the new Georgia Performance Standards (GPS). State General Funds $500,000 $250,000 Federal Funds Not Itemized $250,000 4056 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $500,000 160. Testing Appropriation (HB1027) The purpose of this appropriation is to adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program. TOTAL STATE FUNDS $21,209,829 $21,209,829 $19,908,236 State General Funds $21,209,829 $21,209,829 $19,908,236 TOTAL FEDERAL FUNDS $9,704,191 $9,704,191 $10,845,176 Federal Funds Not Itemized $9,704,191 $9,704,191 $10,845,176 TOTAL PUBLIC FUNDS $30,914,020 $30,914,020 $30,753,412 Transportation Continuation Budget The purpose 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 STATE FUNDS $158,353,875 $158,353,875 $158,353,875 State General Funds $158,353,875 $158,353,875 $158,353,875 TOTAL PUBLIC FUNDS $158,353,875 $158,353,875 $158,353,875 Statewide Changes 161.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $3,098,255 $3,098,255 $3,098,255 Changes to the Purpose or the Purpose Measure 161.3 SAC: The purpose of this appropriation 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. House: To assist local school systems in their efforts to provide safe and efficient transportation for students to and from school and school related activities. State General Funds $0 $0 Changes in Operations / Administration 161.4 Transfer from Central Office. State General Funds $537,958 Changes in the Size of the Program 161.2 Add funds for rising fuel costs. State General Funds $5,000,000 $5,000,000 $5,000,000 THURSDAY, MARCH 23, 2006 4057 161. Transportation Appropriation (HB1027) The purpose of this appropriation 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. TOTAL STATE FUNDS $166,452,130 $166,452,130 $166,990,088 State General Funds $166,452,130 $166,452,130 $166,990,088 TOTAL PUBLIC FUNDS $166,452,130 $166,452,130 $166,990,088 DropOut Prevention Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Changes to the Purpose or the Purpose Measure 426.8 SAC: The purpose of this appropriation is to substantially reduce dropout rates for Georgia students. The purpose will be measured by the number of students who graduate from high school in four years. State General Funds $0 Changes in Operations / Administration 426.1 Create a new program called Education Go Get It. (G:YES)(H:NO)(S:NO) State General Funds $0 $0 $0 426.2 Create a new program called High School Completion (G:YES) (H:NO) (S:NO) State General Funds $0 $0 $0 426.7 Transfer funds and activities from Communities in Schools. State General Funds $1,320,623 Changes in What Services are Offered 426.3 Improve graduation rates by providing grants to school systems to fund one high school completion counselor for every high school (High School Completion). (H:Provide funding as part of the QBE Program to reflect completion counselors as part of the full complement of earned high school personnel rather than establishing a new program.)(S:See item 151.6.) State General Funds $21,175,000 $0 $15,429,069 Changes in the Size of the Program 426.4 Transfer the Education GO Get It program and two positions from the Board of Regents. (H:Redirect funds to the Communities in Schools program to further dropout prevention efforts.)(S:Governor position) State General Funds $977,905 $0 $977,905 4058 JOURNAL OF THE HOUSE 426.5 Redirect funds from Education Go Get It to provide for three new Performance Learning Centers in Ben Hill County, Cobb County and Troup County. (S:Provide funds for five new Performance Learning Centers in Ben Hill County, Cobb County, Troup County, Laurens County (Dublin), and Chatham County (Savannah) at $196,500 per county.) State General Funds $639,586 $982,500 426.6 Redirect funds from Education Go Get It to provide for high school completion counselor training. State General Funds $400,000 $0 426. DropOut Prevention Appropriation (HB1027) The purpose of this appropriation is to substantially reduce dropout rates for Georgia students. The purpose will be measured by the number of students who graduate from high school in four years. TOTAL STATE FUNDS $22,152,905 $1,039,586 $18,710,097 State General Funds $22,152,905 $1,039,586 $18,710,097 TOTAL PUBLIC FUNDS $22,152,905 $1,039,586 $18,710,097 Exceptional Students Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 427.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $5,612,412 $5,612,412 $5,612,412 Changes to the Purpose or the Purpose Measure 427.9 SAC: The purpose of this appropriation is to ensure that children with special needs have the additional resources needed to support full participation in academic instruction designed to ensure that Georgia's PreK-12 students are academically prepared for further education and the workplace. The purpose will be measured by the number of exceptional students who have access to the general curriculum. State General Funds $0 Changes in Operations / Administration 427.2 Transfer from Central Office. State General Funds $503,079 Federal Funds Not Itemized $6,527,068 TOTAL PUBLIC FUNDS $7,030,147 427.3 Transfer Special Education funds from U.S. Department of Education Grants. Federal Funds Not Itemized $259,777,567 THURSDAY, MARCH 23, 2006 4059 TOTAL PUBLIC FUNDS $259,777,567 427.4 Transfer funds and activities of Georgia Learning Resources System. Federal Funds Not Itemized $5,117,573 427.5 Transfer funds and activities of Preschool Handicapped. State General Funds $24,008,490 427.6 Transfer funds and activities of Severely Emotionally Disturbed. State General Funds $64,684,683 Federal Funds Not Itemized $7,724,112 TOTAL PUBLIC FUNDS $72,408,795 427.7 Transfer funds and activities of Tuition for Multihandicapped. State General Funds $1,658,859 427.8 Transfer funds of Special Ed-Low Incidence Grant. State General Funds $826,722 427. Exceptional Students Appropriation (HB1027) The purpose of this appropriation is to ensure that children with special needs have the additional resources needed to support full participation in academic instruction designed to ensure that Georgia's PreK-12 students are academically prepared for further education and the workplace. The purpose will be measured by the number of exceptional students who have access to the general curriculum. TOTAL STATE FUNDS $5,612,412 $5,612,412 $97,294,245 State General Funds $5,612,412 $5,612,412 $97,294,245 TOTAL FEDERAL FUNDS $279,146,320 Federal Funds Not Itemized $279,146,320 TOTAL PUBLIC FUNDS $5,612,412 $5,612,412 $376,440,565 No Child Left Behind Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Changes to the Purpose or the Purpose Measure 428.2 SAC: The purpose of this appropriation is to improve the performance of America's elementary and secondary schools while at the same time ensure that no child is trapped in a failing school. The purpose will be measured by the number of students served in neglected or delinquent institutions. 4060 JOURNAL OF THE HOUSE Federal Funds Not Itemized $0 Changes in Operations / Administration 428.1 Transfer all Title I funds from U.S. Department of Education Grants. Federal Funds Not Itemized $470,211,330 TOTAL PUBLIC FUNDS $470,211,330 428. No Child Left Behind Appropriation (HB1027) The purpose of this appropriation is to improve the performance of America's elementary and secondary schools while at the same time ensure that no child is trapped in a failing school. The purpose will be measured by the number of students served in neglected or delinquent institutions. TOTAL FEDERAL FUNDS $470,211,330 Federal Funds Not Itemized $470,211,330 TOTAL PUBLIC FUNDS $470,211,330 U.S. Department of Education Grants Continuation Budget Federal programs coordinates federally funded programs and allocates federal funds to school systems. TOTAL STATE FUNDS $0 $0 $0 TOTAL FEDERAL FUNDS $817,561,039 $817,561,039 $817,561,039 Federal Funds Not Itemized $817,561,039 $817,561,039 $817,561,039 TOTAL PUBLIC FUNDS $817,561,039 $817,561,039 $817,561,039 Changes to the Purpose or the Purpose Measure 431.6 SAC: The purpose of this appropriation is to offer federally funded programs to Georgia students. The purpose will be measured by the number of students served by US DOE Grants compared to the number of students eligible for those grants. Federal Funds Not Itemized $0 Changes in Operations / Administration 431.1 Transfer all Title I funds [Title I ($311,537,540), Title I-C Migrant ($8,548,626), Title I-D Neglected and Delinquent and Title II-A Improving Teacher Quality ($74,520,950), Title II Math/Science Programs ($4,212,377), Title II- D Enhancing Youth Through Technology ($19,170,536), Title III-A English Language ($10,629,204), Title IV-B 21st Century Schools ($27,235,252), Title V Innovative Programs ($7,410,479), and Title VI-B Rural and Low Income ($6,946,366)] to No Child Left Behind. Federal Funds Not Itemized ($470,211,330) TOTAL PUBLIC FUNDS ($470,211,330) THURSDAY, MARCH 23, 2006 4061 431.2 Transfer Comprehensive School Reform funds to School Improvement. Federal Funds Not Itemized ($17,222,647) 431.3 Transfer Even Start funds to State Interagency Transfers. Federal Funds Not Itemized ($6,391,803) 431.4 Transfer Reading First funds to Reading and Math. Federal Funds Not Itemized ($50,116,464) 431.5 Transfer Special Education funds to Exceptional Students. Federal Funds Not Itemized ($259,777,567) TOTAL PUBLIC FUNDS ($259,777,567) 431. U.S. Department of Education Grants Appropriation (HB1027) The purpose of this appropriation is to offer federally funded programs to Georgia students. The purpose will be measured by the number of students served by US DOE Grants compared to the number of students eligible for those grants. TOTAL FEDERAL FUNDS $817,561,039 $817,561,039 $13,841,228 Federal Funds Not Itemized $817,561,039 $817,561,039 $13,841,228 TOTAL PUBLIC FUNDS $817,561,039 $817,561,039 $13,841,228 Tuition for Multi-Handicapped Continuation Budget The purpose 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 STATE FUNDS $1,658,859 $1,658,859 $1,658,859 State General Funds $1,658,859 $1,658,859 $1,658,859 TOTAL PUBLIC FUNDS $1,658,859 $1,658,859 $1,658,859 Changes in Operations / Administration 957.1 Transfer funds and activities to Exceptional Students. State General Funds ($1,658,859) 957. Tuition for Multi-Handicapped Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $1,658,859 $1,658,859 State General Funds $1,658,859 $1,658,859 4062 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $1,658,859 $1,658,859 Severely Emotionally Disturbed Continuation Budget The purpose is to provide statewide services to parents and educators of students with disabilities. TOTAL STATE FUNDS $64,684,683 $64,684,683 $64,684,683 State General Funds $64,684,683 $64,684,683 $64,684,683 TOTAL FEDERAL FUNDS $7,724,112 $7,724,112 $7,724,112 Federal Funds Not Itemized $7,724,112 $7,724,112 $7,724,112 TOTAL PUBLIC FUNDS $72,408,795 $72,408,795 $72,408,795 Changes in Operations / Administration 958.1 Transfer funds and activities to Exceptional Students. State General Funds ($64,684,683) Federal Funds Not Itemized ($7,724,112) TOTAL PUBLIC FUNDS ($72,408,795) 958. Severely Emotionally Disturbed Appropriation (HB1027) The purpose of this appropriation is to provide statewide services to parents and educators of students with disabilities. TOTAL STATE FUNDS $64,684,683 $64,684,683 State General Funds $64,684,683 $64,684,683 TOTAL FEDERAL FUNDS $7,724,112 $7,724,112 Federal Funds Not Itemized $7,724,112 $7,724,112 TOTAL PUBLIC FUNDS $72,408,795 $72,408,795 Georgia Learning Resources System Continuation Budget 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 STATE FUNDS $0 $0 $0 TOTAL FEDERAL FUNDS $5,117,573 $5,117,573 $5,117,573 Federal Funds Not Itemized $5,117,573 $5,117,573 $5,117,573 TOTAL PUBLIC FUNDS $5,117,573 $5,117,573 $5,117,573 Changes in Operations / Administration 959.1 Transfer funds and activities to Exceptional Students. Federal Funds Not Itemized ($5,117,573) THURSDAY, MARCH 23, 2006 4063 959. Georgia Learning Resources System Appropriation (HB1027) 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 FEDERAL FUNDS $5,117,573 $5,117,573 Federal Funds Not Itemized $5,117,573 $5,117,573 TOTAL PUBLIC FUNDS $5,117,573 $5,117,573 Preschool Handicapped Continuation Budget The purpose of this program is to provide early intervention so students with disabilities will enter schools with the skills to succeed. TOTAL STATE FUNDS $24,008,490 $24,008,490 $24,008,490 State General Funds $24,008,490 $24,008,490 $24,008,490 TOTAL PUBLIC FUNDS $24,008,490 $24,008,490 $24,008,490 Changes in Operations / Administration 960.1 Transfer funds and activities to Exceptional Students. State General Funds ($24,008,490) 960. Preschool Handicapped Appropriation (HB1027) The purpose of this program is to provide early intervention so students with disabilities will enter schools with the skills to succeed. TOTAL STATE FUNDS $24,008,490 $24,008,490 State General Funds $24,008,490 $24,008,490 TOTAL PUBLIC FUNDS $24,008,490 $24,008,490 National Science Center and Foundation Continuation Budget 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 STATE FUNDS $1,416,750 $1,416,750 $1,416,750 State General Funds $1,416,750 $1,416,750 $1,416,750 TOTAL PUBLIC FUNDS $1,416,750 $1,416,750 $1,416,750 Changes in Operations / Administration 961.1 Transfer funds and activities to Curriculum Standards. State General Funds ($1,416,750) 4064 JOURNAL OF THE HOUSE 961. National Science Center and Foundation Appropriation (HB1027) 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 STATE FUNDS $1,416,750 $1,416,750 State General Funds $1,416,750 $1,416,750 TOTAL PUBLIC FUNDS $1,416,750 $1,416,750 Georgia Youth Science and Technology Continuation Budget 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 STATE FUNDS $689,203 $689,203 $689,203 State General Funds $689,203 $689,203 $689,203 TOTAL PUBLIC FUNDS $689,203 $689,203 $689,203 Changes in Operations / Administration 962.1 Transfer funds and activities to Curriculum Standards. State General Funds ($689,203) 962. Georgia Youth Science and Technology Appropriation (HB1027) 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 STATE FUNDS $689,203 $689,203 State General Funds $689,203 $689,203 TOTAL PUBLIC FUNDS $689,203 $689,203 Foreign Language Continuation Budget The foreign language program provides funds to elementary schools for foreign language instruction. TOTAL STATE FUNDS $1,590,857 $1,590,857 $1,590,857 State General Funds $1,590,857 $1,590,857 $1,590,857 TOTAL PUBLIC FUNDS $1,590,857 $1,590,857 $1,590,857 Changes in Operations / Administration 963.1 Transfer funds and activities to Curriculum Standards. State General Funds ($1,590,857) 963. Foreign Language Appropriation (HB1027) The foreign language program provides funds to elementary schools for foreign language instruction. THURSDAY, MARCH 23, 2006 4065 TOTAL STATE FUNDS $1,590,857 $1,590,857 State General Funds $1,590,857 $1,590,857 TOTAL PUBLIC FUNDS $1,590,857 $1,590,857 Communities in Schools Continuation Budget 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 STATE FUNDS $1,320,623 $1,320,623 $1,320,623 State General Funds $1,320,623 $1,320,623 $1,320,623 TOTAL PUBLIC FUNDS $1,320,623 $1,320,623 $1,320,623 Changes in Operations / Administration 964.1 Transfer funds and activities of Communities in Schools to Dropout Prevention. State General Funds ($1,320,623) 964. Communities in Schools Appropriation (HB1027) 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 STATE FUNDS $1,320,623 $1,320,623 State General Funds $1,320,623 $1,320,623 TOTAL PUBLIC FUNDS $1,320,623 $1,320,623 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,429.42. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. Section 24: Employees' Retirement System of Georgia TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS $5,112,647 $5,112,647 $6,256,626 $3,128,505 $3,128,121 $16,856,982 $28,226,255 Section Total - Continuation $5,112,647 $5,112,647 $5,112,647 $5,112,647 $6,256,626 $6,256,626 $3,128,505 $3,128,505 $3,128,121 $3,128,121 $16,856,982 $16,856,982 $28,226,255 $28,226,255 4066 JOURNAL OF THE HOUSE Section Total - Final TOTAL STATE FUNDS $5,227,095 $8,939,095 $9,775,095 State General Funds $5,227,095 $8,939,095 $9,775,095 TOTAL AGENCY FUNDS $6,889,063 $6,889,063 $6,889,063 Interest and Investment Income $3,128,505 $3,128,505 $3,128,505 Sales and Services $3,760,558 $3,760,558 $3,760,558 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $14,180,500 $14,180,500 $14,180,500 TOTAL PUBLIC FUNDS $26,296,658 $30,008,658 $30,844,658 Deferred Compensation Continuation Budget The purpose is to provide excellent service to participants in the deferred compensation program for all employees of the State, giving them an effective supplement for their retirement planning. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $3,128,121 $3,128,121 $3,128,121 Sales and Services $3,128,121 $3,128,121 $3,128,121 Sales and Services Not Itemized $3,128,121 $3,128,121 $3,128,121 TOTAL PUBLIC FUNDS $3,128,121 $3,128,121 $3,128,121 Statewide Changes 163.1 GTA, GBA, WC, COLA, SHBP and Annualizer Sales and Services Not Itemized $15,778 $15,778 $15,778 Changes in the Size of the Program 163.2 Increase funds to integrate Deferred Compensation into the ERS computer system and provide contract funding for a third party administrator. Sales and Services Not Itemized $616,659 $616,659 $616,659 163. Deferred Compensation Appropriation (HB1027) The purpose of this appropriation is to provide excellent service to participants in the deferred compensation program for all employees of the State, giving them an effective supplement for their retirement planning. TOTAL AGENCY FUNDS $3,760,558 $3,760,558 $3,760,558 Sales and Services $3,760,558 $3,760,558 $3,760,558 Sales and Services Not Itemized $3,760,558 $3,760,558 $3,760,558 TOTAL PUBLIC FUNDS $3,760,558 $3,760,558 $3,760,558 THURSDAY, MARCH 23, 2006 4067 Georgia Military Pension Fund Continuation Budget The purpose is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $890,651 $890,651 $890,651 State General Funds $890,651 $890,651 $890,651 TOTAL PUBLIC FUNDS $890,651 $890,651 $890,651 Changes in the Size of the Program 164.1 Increase funds based on current actuarial valuation. State General Funds $114,448 $114,448 $114,448 164. Georgia Military Pension Fund Appropriation (HB1027) The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $1,005,099 $1,005,099 $1,005,099 State General Funds $1,005,099 $1,005,099 $1,005,099 TOTAL PUBLIC FUNDS $1,005,099 $1,005,099 $1,005,099 System Administration Continuation Budget The purpose is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. 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 2006. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 TOTAL AGENCY FUNDS $3,128,505 $3,128,505 $3,128,505 Interest and Investment Income $3,128,505 $3,128,505 $3,128,505 Interest and Investment Income Not Itemized $3,128,505 $3,128,505 $3,128,505 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $16,856,982 $16,856,982 $16,856,982 Retirement Payments $16,856,982 $16,856,982 $16,856,982 TOTAL PUBLIC FUNDS $19,985,487 $19,985,487 $19,985,487 Statewide Changes 165.1 GTA, GBA, WC, COLA, SHBP and Annualizer Retirement Payments $108,518 $108,518 $108,518 4068 JOURNAL OF THE HOUSE Changes in Operations / Administration 165.2 Fund HB 731 - Membership in the Georgia Judicial Retirement System. State General Funds $4,000 $4,000 165.3 Fund HB 644 - Credible service for ERS members with temporary full-time service in the Legislative Branch. State General Funds $6,000 $6,000 165.4 Fund HB 582 - Credible service for temporary full-time service with an employer covered under ERS. State General Funds $88,000 $88,000 165.5 Fund HB 101 - Peace Officers' Annuity and Benefit Fund. State General Funds $1,514,000 $250,000 Changes in the Size of the Program 165.6 Reduce funds. Retirement Payments ($2,785,000) ($2,785,000) ($2,785,000) 165. System Administration Appropriation (HB1027) The purpose of this appropriation is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. 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 2006. TOTAL STATE FUNDS $1,612,000 $348,000 State General Funds $1,612,000 $348,000 TOTAL AGENCY FUNDS $3,128,505 $3,128,505 $3,128,505 Interest and Investment Income $3,128,505 $3,128,505 $3,128,505 Interest and Investment Income Not Itemized $3,128,505 $3,128,505 $3,128,505 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $14,180,500 $14,180,500 $14,180,500 Retirement Payments $14,180,500 $14,180,500 $14,180,500 TOTAL PUBLIC FUNDS $17,309,005 $18,921,005 $17,657,005 Public School Employees Retirement System Continuation Budget 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. It is the intent of the General Assembly that the employer contribution for Public School Employees' Retirement System shall not exceed $101.12 per member for State Fiscal Year 2006. TOTAL STATE FUNDS $4,221,996 $4,221,996 $4,221,996 State General Funds $4,221,996 $4,221,996 $4,221,996 THURSDAY, MARCH 23, 2006 4069 TOTAL PUBLIC FUNDS $4,221,996 $4,221,996 $4,221,996 Changes in the Size of the Program 166.1 Provide funds to increase the benefits accrual rate by $0.25 per month for each year of service increasing the rate from $13.50 to $13.75(S: Rate from $13.50 to $14.00). State General Funds $2,100,000 $4,200,000 166. Public School Employees Retirement System Appropriation (HB1027) The purpose of this appropriation is to account for the receipt of retirement contributions, to ensure sound investing of system funds, and timely and accurate payment of retirement benefits. It is the intent of the General Assembly that the employer contribution for Public School Employees' Retirement System shall not exceed $101.12 per member for State Fiscal Year 2006. TOTAL STATE FUNDS $4,221,996 $6,321,996 $8,421,996 State General Funds $4,221,996 $6,321,996 $8,421,996 TOTAL PUBLIC FUNDS $4,221,996 $6,321,996 $8,421,996 Section 25: Forestry Commission, State TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Royalties and Rents $31,932,273 $31,932,273 $822,000 $822,000 $5,448,129 $138,000 $5,310,129 $38,202,402 $35,128,545 $35,128,545 $822,000 $822,000 $4,978,638 $139,500 Section Total - Continuation $31,932,273 $31,932,273 $31,932,273 $31,932,273 $822,000 $822,000 $822,000 $822,000 $5,448,129 $5,448,129 $138,000 $138,000 $5,310,129 $5,310,129 $38,202,402 $38,202,402 Section Total - Final $33,846,518 $34,421,050 $33,846,518 $34,421,050 $822,000 $822,000 $822,000 $822,000 $4,978,638 $4,978,638 $139,500 $139,500 4070 JOURNAL OF THE HOUSE Sales and Services $4,839,138 $4,839,138 $4,839,138 TOTAL PUBLIC FUNDS $40,929,183 $39,647,156 $40,221,688 Commission Administration Continuation Budget 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 STATE FUNDS $3,798,610 $3,798,610 $3,798,610 State General Funds $3,798,610 $3,798,610 $3,798,610 TOTAL AGENCY FUNDS $173,027 $173,027 $173,027 Sales and Services $173,027 $173,027 $173,027 Sales and Services Not Itemized $173,027 $173,027 $173,027 TOTAL PUBLIC FUNDS $3,971,637 $3,971,637 $3,971,637 Statewide Changes 167.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $90,622 $90,622 $90,622 Changes in the Size of the Program 167.2 Transfer funds from the Forest Management, Forest Protection, Tree Improvement and Tree Seedling Nursery programs to reflect program expenditures. State General Funds $154,485 $154,485 $344,098 167.3 Add one technical position to support the computer network. State General Funds $73,500 $73,500 $73,500 167.4 Provide funding to address ongoing and deferred maintenance needs, ensuring firefighting readiness.(S: Fund in Bonds for $1,500,000.) State General Funds $876,222 $438,111 $0 167.5 Provide funds for a Six Engine Firetruck Program. State General Funds $250,000 167. Commission Administration Appropriation (HB1027) The purpose of this appropriation is to administer work force needs, handle purchasing, accounts receivable and payable, meet information technology needs, and provide oversight that emphasizes customer values and process innovation. TOTAL STATE FUNDS $4,993,439 $4,555,328 $4,556,830 State General Funds $4,993,439 $4,555,328 $4,556,830 TOTAL AGENCY FUNDS $173,027 $173,027 $173,027 THURSDAY, MARCH 23, 2006 4071 Sales and Services $173,027 $173,027 $173,027 Sales and Services Not Itemized $173,027 $173,027 $173,027 TOTAL PUBLIC FUNDS $5,166,466 $4,728,355 $4,729,857 Forest Management Continuation Budget The purpose is to survey 20% of permanently established forest survey plots annually to gather forest health and inventory data. TOTAL STATE FUNDS $2,624,712 $2,624,712 $2,624,712 State General Funds $2,624,712 $2,624,712 $2,624,712 TOTAL FEDERAL FUNDS $552,000 $552,000 $552,000 Federal Funds Not Itemized $552,000 $552,000 $552,000 TOTAL AGENCY FUNDS $627,500 $627,500 $627,500 Royalties and Rents $125,000 $125,000 $125,000 Royalties and Rents Not Itemized $125,000 $125,000 $125,000 Sales and Services $502,500 $502,500 $502,500 Sales and Services Not Itemized $502,500 $502,500 $502,500 TOTAL PUBLIC FUNDS $3,804,212 $3,804,212 $3,804,212 Statewide Changes 168.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $80,658 $80,658 $80,658 Changes in the Size of the Program 168.2 Transfer funds to the Administration program to properly reflect program expenditures. State General Funds ($555,373) ($555,373) ($248,449) 168.3 Add five foresters to address forest pests and diseases in order to preserve the health of Georgia's forest lands.(H:Reduce two positions.)(S:Governor's position) State General Funds $292,379 $175,427 $292,379 168.4 Add three positions and funding to implement a carbon sequestration program that will improve air quality, leverage federal funding and provide greater incentives to landowners to plant more trees.(H:Reduce two positions.)(S:Governor's position) State General Funds $281,946 $93,982 $281,946 168.5 Add four foresters to preserve water quality through education, training and evaluation of best management practices.(H:Reduce two positions.)(S:Governor's position) 4072 JOURNAL OF THE HOUSE State General Funds $278,000 $139,000 $278,000 168.6 Add one position for the creation of a bioenergy program to address Georgia's energy needs through the development of bioenergy markets and greater use of forest resources. State General Funds $93,982 $93,982 $93,982 168. Forest Management Appropriation (HB1027) The purpose of this appropriation is to survey 20% of permanently established forest survey plots annually to gather forest health and inventory data. TOTAL STATE FUNDS $3,096,304 $2,652,388 $3,403,228 State General Funds $3,096,304 $2,652,388 $3,403,228 TOTAL FEDERAL FUNDS $552,000 $552,000 $552,000 Federal Funds Not Itemized $552,000 $552,000 $552,000 TOTAL AGENCY FUNDS $627,500 $627,500 $627,500 Royalties and Rents $125,000 $125,000 $125,000 Royalties and Rents Not Itemized $125,000 $125,000 $125,000 Sales and Services $502,500 $502,500 $502,500 Sales and Services Not Itemized $502,500 $502,500 $502,500 TOTAL PUBLIC FUNDS $4,275,804 $3,831,888 $4,582,728 Forest Protection Continuation Budget The purpose is to protect the public and forest resources. TOTAL STATE FUNDS $25,575,110 $25,575,110 $25,575,110 State General Funds $25,575,110 $25,575,110 $25,575,110 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 Federal Funds Not Itemized $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $2,676,611 $2,676,611 $2,676,611 Royalties and Rents $13,000 $13,000 $13,000 Royalties and Rents Not Itemized $13,000 $13,000 $13,000 Sales and Services $2,663,611 $2,663,611 $2,663,611 Sales and Services Not Itemized $2,663,611 $2,663,611 $2,663,611 TOTAL PUBLIC FUNDS $28,451,721 $28,451,721 $28,451,721 THURSDAY, MARCH 23, 2006 4073 Statewide Changes 169.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $821,457 $821,457 $821,457 Changes in Operations / Administration 169.2 Eliminate funds used for the lease/purchase of a helicopter paid for in FY 2005. State General Funds ($700,000) ($700,000) ($700,000) Changes in the Size of the Program 169.3 Increase funds to properly reflect program expenditures. State General Funds $447,689 $447,689 ($55,121) 169.4 Fill fifteen vacant ranger positions to provide adequate staffing for a moderate fire season.(H:Reduce five positions.)(S:Governor's position.) State General Funds $525,000 $350,000 $525,000 169.5 Provide additional funds to address moderate fire season maintenance needs. State General Funds $475,000 $250,000 $400,000 169. Forest Protection Appropriation (HB1027) The purpose of this appropriation is to protect the public and forest resources. TOTAL STATE FUNDS $27,144,256 $26,744,256 $26,566,446 State General Funds $27,144,256 $26,744,256 $26,566,446 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 Federal Funds Not Itemized $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $2,676,611 $2,676,611 $2,676,611 Royalties and Rents $13,000 $13,000 $13,000 Royalties and Rents Not Itemized $13,000 $13,000 $13,000 Sales and Services $2,663,611 $2,663,611 $2,663,611 Sales and Services Not Itemized $2,663,611 $2,663,611 $2,663,611 TOTAL PUBLIC FUNDS $30,020,867 $29,620,867 $29,443,057 Tree Improvement Continuation Budget The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on legislative appropriations. TOTAL STATE FUNDS $119,123 $119,123 $119,123 State General Funds $119,123 $119,123 $119,123 4074 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $119,123 $119,123 $119,123 Statewide Changes 170.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $312 $312 $312 Changes in the Size of the Program 170.2 Reduce funds to reflect program expenditures. State General Funds ($776) ($776) ($776) 170. Tree Improvement Appropriation (HB1027) The purpose of this appropriation is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on legislative appropriations. TOTAL STATE FUNDS $118,659 $118,659 $118,659 State General Funds $118,659 $118,659 $118,659 TOTAL PUBLIC FUNDS $118,659 $118,659 $118,659 Tree Seedling Nursery Continuation Budget The purpose is to provide quality, forest tree planting stock to Georgia landowners at reasonable prices without reliance on legislative appropriations. TOTAL STATE FUNDS ($185,282) ($185,282) ($185,282) State General Funds ($185,282) ($185,282) ($185,282) TOTAL FEDERAL FUNDS $70,000 $70,000 $70,000 Federal Funds Not Itemized $70,000 $70,000 $70,000 TOTAL AGENCY FUNDS $1,970,991 $1,970,991 $1,970,991 Sales and Services $1,970,991 $1,970,991 $1,970,991 Sales and Services Not Itemized $1,970,991 $1,970,991 $1,970,991 TOTAL PUBLIC FUNDS $1,855,709 $1,855,709 $1,855,709 Statewide Changes 171.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $7,194 $7,194 $7,194 Changes to the Purpose or the Purpose Measure 171.4 SAC: The purpose of this appropriation is to produce an adequate quantity of high quality forest tree seedlings for sale at reasonable cost to Georgia landowners. The purpose will be measured by the number of tree seedlings sold. THURSDAY, MARCH 23, 2006 4075 House: Producing adequate quantity of high quality forest tree seedlings for sale at reasonable cost to Georgia landowners. State General Funds $0 $0 Changes in the Size of the Program 171.2 Reduce funds to reflect program expenditures. State General Funds ($46,025) ($46,025) ($46,025) 171.3 Decrease other funds to accurately reflect collections from seedling sales. Royalties and Rents Not Itemized $1,500 $1,500 $1,500 Sales and Services Not Itemized ($470,991) ($470,991) ($470,991) TOTAL PUBLIC FUNDS ($469,491) ($469,491) ($469,491) 171. Tree Seedling Nursery Appropriation (HB1027) The purpose of this appropriation is to produce an adequate quantity of high quality forest tree seedlings for sale at reasonable cost to Georgia landowners. The purpose will be measured by the number of tree seedlings sold. TOTAL STATE FUNDS ($224,113) ($224,113) ($224,113) State General Funds ($224,113) ($224,113) ($224,113) TOTAL FEDERAL FUNDS $70,000 $70,000 $70,000 Federal Funds Not Itemized $70,000 $70,000 $70,000 TOTAL AGENCY FUNDS $1,501,500 $1,501,500 $1,501,500 Royalties and Rents $1,500 $1,500 $1,500 Royalties and Rents Not Itemized $1,500 $1,500 $1,500 Sales and Services $1,500,000 $1,500,000 $1,500,000 Sales and Services Not Itemized $1,500,000 $1,500,000 $1,500,000 TOTAL PUBLIC FUNDS $1,347,387 $1,347,387 $1,347,387 Section 26: Governor, Office of the TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS $39,517,470 $39,517,470 $5,603,227 $5,603,227 $624,875 Section Total - Continuation $39,517,470 $39,517,470 $39,517,470 $39,517,470 $5,603,227 $5,603,227 $5,603,227 $5,603,227 $624,875 $624,875 4076 JOURNAL OF THE HOUSE Contributions, Donations, and Forfeitures $15,000 $15,000 $15,000 Sales and Services $609,875 $609,875 $609,875 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $265,670 $265,670 $265,670 TOTAL PUBLIC FUNDS $46,011,242 $46,011,242 $46,011,242 Section Total - Final TOTAL STATE FUNDS $42,028,724 $39,862,011 $40,826,593 State General Funds $42,028,724 $39,862,011 $40,826,593 TOTAL FEDERAL FUNDS $5,603,227 $5,603,227 $26,042,786 Federal Funds Not Itemized $5,603,227 $5,603,227 $26,042,786 TOTAL AGENCY FUNDS $624,875 $624,875 $799,079 Contributions, Donations, and Forfeitures $15,000 $15,000 $37,080 Sales and Services $609,875 $609,875 $615,056 Sanctions, Fines, and Penalties $146,943 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $265,670 $265,670 $265,670 TOTAL PUBLIC FUNDS $48,522,496 $46,355,783 $67,934,128 Governor's Emergency Fund Continuation Budget The purpose is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $3,469,576 $3,469,576 $3,469,576 State General Funds $3,469,576 $3,469,576 $3,469,576 TOTAL PUBLIC FUNDS $3,469,576 $3,469,576 $3,469,576 172. Governor's Emergency Fund Appropriation (HB1027) The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $3,469,576 $3,469,576 $3,469,576 State General Funds $3,469,576 $3,469,576 $3,469,576 TOTAL PUBLIC FUNDS $3,469,576 $3,469,576 $3,469,576 Governor's Office Continuation Budget 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. The Mansion allowance shall be $40,000. TOTAL STATE FUNDS $5,056,367 $5,056,367 $5,056,367 THURSDAY, MARCH 23, 2006 4077 State General Funds $5,056,367 $5,056,367 $5,056,367 TOTAL PUBLIC FUNDS $5,056,367 $5,056,367 $5,056,367 Statewide Changes 173.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $137,992 $137,992 $137,992 Changes in Operations / Administration 173.2 Provide funds for a gubernatorial transition as required by OCGA 45-12-195. State General Funds $50,000 $50,000 $50,000 173. Governor's Office Appropriation (HB1027) The purpose of this appropriation is to provide numerous duties including, but not limited to: granting commissions, appointments and vacancies, maintaining order, and temporary transfer of institutions between departments or agencies. The Mansion allowance shall be $40,000. TOTAL STATE FUNDS $5,244,359 $5,244,359 $5,244,359 State General Funds $5,244,359 $5,244,359 $5,244,359 TOTAL PUBLIC FUNDS $5,244,359 $5,244,359 $5,244,359 Arts, Georgia Council for the Continuation Budget The purpose is to provide general operation support and project support grants for art organizations. TOTAL STATE FUNDS $3,900,546 $3,900,546 $3,900,546 State General Funds $3,900,546 $3,900,546 $3,900,546 TOTAL FEDERAL FUNDS $710,524 $710,524 $710,524 Federal Funds Not Itemized $710,524 $710,524 $710,524 TOTAL AGENCY FUNDS $15,000 $15,000 $15,000 Contributions, Donations, and Forfeitures $15,000 $15,000 $15,000 Contributions, Donations, and Forfeitures Not Itemized $15,000 $15,000 $15,000 TOTAL PUBLIC FUNDS $4,626,070 $4,626,070 $4,626,070 Statewide Changes 179.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $7,014 $7,014 $7,014 One-Time Expense 179.2 Provide one-time funding for a federally mandated strategic plan to preserve grant eligibility with the National Endowment for the Arts. 4078 JOURNAL OF THE HOUSE State General Funds $73,400 $73,400 $73,400 Changes in the Size of the Program 179.3 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $4,106 179. Arts, Georgia Council for the Appropriation (HB1027) The purpose of this appropriation is to provide general operation support and project support grants for art organizations. TOTAL STATE FUNDS $3,980,960 $3,980,960 $3,980,960 State General Funds $3,980,960 $3,980,960 $3,980,960 TOTAL FEDERAL FUNDS $710,524 $710,524 $714,630 Federal Funds Not Itemized $710,524 $710,524 $714,630 TOTAL AGENCY FUNDS $15,000 $15,000 $15,000 Contributions, Donations, and Forfeitures $15,000 $15,000 $15,000 Contributions, Donations, and Forfeitures Not Itemized $15,000 $15,000 $15,000 TOTAL PUBLIC FUNDS $4,706,484 $4,706,484 $4,710,590 Child Advocate, Office of the Continuation Budget The purpose is to provide independent oversight of persons, organizations, and agencies responsible for the protection and well-being of children. TOTAL STATE FUNDS $716,356 $716,356 $716,356 State General Funds $716,356 $716,356 $716,356 TOTAL PUBLIC FUNDS $716,356 $716,356 $716,356 Statewide Changes 180.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $22,820 $22,820 $22,820 Changes in the Size of the Program 180.2 Enhance funding to cover rising costs due to increasing statewide travel in the course of conducting agency core functions throughout Georgia. State General Funds $1,522 $1,522 $1,522 180.3 Provide yearly maintenance on electronic document software. State General Funds $2,500 $2,500 $2,500 180.4 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $134,182 THURSDAY, MARCH 23, 2006 4079 TOTAL PUBLIC FUNDS $134,182 180. Child Advocate, Office of the Appropriation (HB1027) The purpose of this appropriation is to provide independent oversight of persons, organizations, and agencies responsible for the protection and well-being of children. TOTAL STATE FUNDS $743,198 $743,198 $743,198 State General Funds $743,198 $743,198 $743,198 TOTAL FEDERAL FUNDS $134,182 Federal Funds Not Itemized $134,182 TOTAL PUBLIC FUNDS $743,198 $743,198 $877,380 Consumer Affairs, Governor's Office of Continuation Budget 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 STATE FUNDS $3,287,352 $3,287,352 $3,287,352 State General Funds $3,287,352 $3,287,352 $3,287,352 TOTAL AGENCY FUNDS $417,019 $417,019 $417,019 Sales and Services $417,019 $417,019 $417,019 Sales and Services Not Itemized $417,019 $417,019 $417,019 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $150,670 $150,670 $150,670 Agency to Agency Contracts $150,670 $150,670 $150,670 TOTAL PUBLIC FUNDS $3,855,041 $3,855,041 $3,855,041 Statewide Changes 181.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $155,922 $155,922 $155,922 Changes in the Size of the Program 181.2 Fund the continuing rental expense for the cool room server storage. State General Funds $5,000 $5,000 $5,000 181.3 Provide five positions and funding to implement a statewide customer service initiative to make services to citizens faster, friendlier, and easier to access and to capture savings by reducing the cost of call centers and call handling. State General Funds $3,500,000 $2,000,000 $2,750,000 181.4 Add funds to properly reflect operating budget represented in HB1026. Sales and Services Not Itemized $5,000 4080 JOURNAL OF THE HOUSE Sanctions, Fines, and Penalties Not Itemized $146,943 TOTAL PUBLIC FUNDS $151,943 181. Consumer Affairs, Governor's Office of Appropriation (HB1027) 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 STATE FUNDS $6,948,274 $5,448,274 $6,198,274 State General Funds $6,948,274 $5,448,274 $6,198,274 TOTAL AGENCY FUNDS $417,019 $417,019 $568,962 Sales and Services $417,019 $417,019 $422,019 Sales and Services Not Itemized $417,019 $417,019 $422,019 Sanctions, Fines, and Penalties $146,943 Sanctions, Fines, and Penalties Not Itemized $146,943 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $150,670 $150,670 $150,670 Agency to Agency Contracts $150,670 $150,670 $150,670 TOTAL PUBLIC FUNDS $7,515,963 $6,015,963 $6,917,906 Emergency Management Agency, Georgia Continuation Budget 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 STATE FUNDS $1,989,168 $1,989,168 $1,989,168 State General Funds $1,989,168 $1,989,168 $1,989,168 TOTAL FEDERAL FUNDS $4,127,556 $4,127,556 $4,127,556 Federal Funds Not Itemized $4,127,556 $4,127,556 $4,127,556 TOTAL AGENCY FUNDS $192,856 $192,856 $192,856 Sales and Services $192,856 $192,856 $192,856 Sales and Services Not Itemized $192,856 $192,856 $192,856 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $115,000 $115,000 $115,000 Agency to Agency Contracts $115,000 $115,000 $115,000 TOTAL PUBLIC FUNDS $6,424,580 $6,424,580 $6,424,580 Statewide Changes 182.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $52,249 $52,249 $52,249 THURSDAY, MARCH 23, 2006 4081 Changes in Operations / Administration 182.2 Reflect decrease in the position count due to the downsizing of the federal excess property program and the elimination of 3 positions. State General Funds $0 $0 182.3 Provide additional funding for the Civil Air Patrol. State General Funds $71,400 $71,400 Changes in the Size of the Program 182.4 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $16,966,097 182. Emergency Management Agency, Georgia Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $2,041,417 $2,112,817 $2,112,817 State General Funds $2,041,417 $2,112,817 $2,112,817 TOTAL FEDERAL FUNDS $4,127,556 $4,127,556 $21,093,653 Federal Funds Not Itemized $4,127,556 $4,127,556 $21,093,653 TOTAL AGENCY FUNDS $192,856 $192,856 $192,856 Sales and Services $192,856 $192,856 $192,856 Sales and Services Not Itemized $192,856 $192,856 $192,856 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $115,000 $115,000 $115,000 Agency to Agency Contracts $115,000 $115,000 $115,000 TOTAL PUBLIC FUNDS $6,476,829 $6,548,229 $23,514,326 Equal Opportunity, Georgia Commission on Continuation Budget 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 STATE FUNDS $695,707 $695,707 $695,707 State General Funds $695,707 $695,707 $695,707 TOTAL FEDERAL FUNDS $387,217 $387,217 $387,217 Federal Funds Not Itemized $387,217 $387,217 $387,217 TOTAL PUBLIC FUNDS $1,082,924 $1,082,924 $1,082,924 4082 JOURNAL OF THE HOUSE Statewide Changes 183.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $35,388 $35,388 $35,388 Changes in Operations / Administration 183.2 Decrease funding due to relocation of office space from Peachtree Center to the Floyd State Office Building. State General Funds ($68,700) ($68,700) ($68,700) Changes in the Size of the Program 183.3 Provide additional funding for a new position to handle housing and employment complaints. State General Funds $36,826 $0 $0 183.4 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $90,500 183. Equal Opportunity, Georgia Commission on Appropriation (HB1027) The purpose of this appropriation is to enforce the Georgia Fair Employment Practices Act of 1978, as amended, and the Fair Housing Act which makes it unlawful for discrimination against any individual. TOTAL STATE FUNDS $699,221 $662,395 $662,395 State General Funds $699,221 $662,395 $662,395 TOTAL FEDERAL FUNDS $387,217 $387,217 $477,717 Federal Funds Not Itemized $387,217 $387,217 $477,717 TOTAL PUBLIC FUNDS $1,086,438 $1,049,612 $1,140,112 Office of Homeland Security Continuation Budget 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 STATE FUNDS $592,905 $592,905 $592,905 State General Funds $592,905 $592,905 $592,905 TOTAL PUBLIC FUNDS $592,905 $592,905 $592,905 Statewide Changes 184.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $17,764 $17,764 $17,764 Changes in How the Program is Funded 184.3 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $200 THURSDAY, MARCH 23, 2006 4083 Changes in the Size of the Program 184.2 Reduce funds. State General Funds ($105,000) ($105,000) ($105,000) 184. Office of Homeland Security Appropriation (HB1027) Per Executive Order, The purpose of this appropriation 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 STATE FUNDS $505,669 $505,669 $505,669 State General Funds $505,669 $505,669 $505,669 TOTAL FEDERAL FUNDS $200 Federal Funds Not Itemized $200 TOTAL PUBLIC FUNDS $505,669 $505,669 $505,869 Office of the State Inspector General Continuation Budget 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 STATE FUNDS $791,432 $791,432 $791,432 State General Funds $791,432 $791,432 $791,432 TOTAL PUBLIC FUNDS $791,432 $791,432 $791,432 Statewide Changes 185.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $23,382 $23,382 $23,382 One-Time Expense 185.2 Provide one-time funding for development of a prevention training program for state officials and employees. State General Funds $31,650 $31,650 $31,650 Changes in the Size of the Program 185.3 Reduce expenses pertaining to the investigative functions of the office. State General Funds ($15,828) ($15,828) ($15,828) 185. Office of the State Inspector General Appropriation (HB1027) Per Executive Order, The purpose of this appropriation is to foster and promote accountability and integrity in state government by investigating and preventing fraud, waste and abuse. TOTAL STATE FUNDS $830,636 $830,636 $830,636 State General Funds $830,636 $830,636 $830,636 4084 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $830,636 $830,636 $830,636 Professional Standards Commission, Georgia Continuation Budget The purpose is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia. TOTAL STATE FUNDS $6,579,840 $6,579,840 $6,579,840 State General Funds $6,579,840 $6,579,840 $6,579,840 TOTAL FEDERAL FUNDS $111,930 $111,930 $111,930 Federal Funds Not Itemized $111,930 $111,930 $111,930 TOTAL PUBLIC FUNDS $6,691,770 $6,691,770 $6,691,770 Statewide Changes 186.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $196,166 $196,166 $196,166 Changes in the Size of the Program 186.2 Provide funds for one senior investigator position. State General Funds $78,485 $78,485 $78,485 186.3 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $3,057,996 Contributions, Donations, and Forfeitures Not Itemized $22,080 Sales and Services Not Itemized $181 TOTAL PUBLIC FUNDS $3,080,257 186. Professional Standards Commission, Georgia Appropriation (HB1027) The purpose of this appropriation is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia. TOTAL STATE FUNDS $6,854,491 $6,854,491 $6,854,491 State General Funds $6,854,491 $6,854,491 $6,854,491 TOTAL FEDERAL FUNDS $111,930 $111,930 $3,169,926 Federal Funds Not Itemized $111,930 $111,930 $3,169,926 TOTAL AGENCY FUNDS $22,261 Contributions, Donations, and Forfeitures $22,080 Contributions, Donations, and Forfeitures Not Itemized $22,080 Sales and Services $181 Sales and Services Not Itemized $181 THURSDAY, MARCH 23, 2006 4085 TOTAL PUBLIC FUNDS $6,966,421 $6,966,421 $10,046,678 Student Achievement, Office of Continuation Budget The purpose is to improve student achievement and school completion in Georgia. TOTAL STATE FUNDS $1,135,864 $1,135,864 $1,135,864 State General Funds $1,135,864 $1,135,864 $1,135,864 TOTAL FEDERAL FUNDS $266,000 $266,000 $266,000 Federal Funds Not Itemized $266,000 $266,000 $266,000 TOTAL PUBLIC FUNDS $1,401,864 $1,401,864 $1,401,864 Statewide Changes 187.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $27,512 $27,512 $27,512 Changes in Operations / Administration 187.2 Hire an audit position with current funds to evaluate why certain schools are not meeting student achievement goals. State General Funds $0 $0 $0 187. Student Achievement, Office of Appropriation (HB1027) The purpose of this appropriation is to improve student achievement and school completion in Georgia. TOTAL STATE FUNDS $1,163,376 $1,163,376 $1,163,376 State General Funds $1,163,376 $1,163,376 $1,163,376 TOTAL FEDERAL FUNDS $266,000 $266,000 $266,000 Federal Funds Not Itemized $266,000 $266,000 $266,000 TOTAL PUBLIC FUNDS $1,429,376 $1,429,376 $1,429,376 Planning and Budget, Governor's Office of Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 432.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $265,612 $265,612 $265,612 Changes in Operations / Administration 432.9 Consolidate OPB programs into one new program: "Governor's Office of Planning and Budget." State General Funds $11,302,357 $11,302,357 $11,302,357 4086 JOURNAL OF THE HOUSE One-Time Expense 432.2 Delete one-time funding for the Commission on New Georgia Human Resources Task Force. State General Funds ($2,850,000) ($3,000,000) ($3,000,000) Changes in the Size of the Program 432.3 Improve the effectiveness of agency programs and operations by re-establishing OPB's program evaluation function by filling four vacancies and providing operating expenses in new program: Policy, Planning, and Technical Support. (H:Use existing funds in the Program Budget and Policy Management Division)(S:Provide funds for one Analyst I position and one Analyst II position) State General Funds $279,110 $0 $127,766 432.4 Provide funds to fill five vacant budget analysts positions. (H:Provide funds to fill four Analyst I positions and one Analyst II position) State General Funds $346,835 $248,291 $248,291 432.5 Reduce consulting contracts for Military Affairs Coordinating Council. State General Funds ($72,000) ($72,000) ($72,000) 432.6 Establish training function within OPB to train state agency staff in budget and performance management by increasing funding for two additional positions. (H:Use existing funds in the Program Budget and Policy Management Division)(S:Provide funds for one additional position) State General Funds $173,633 $0 $86,816 432.7 Provide for on-going maintenance and support of enterprise budgeting systems. State General Funds $102,000 $102,000 $102,000 432.8 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $186,478 432. Planning and Budget, Governor's Office of Appropriation (HB1027) TOTAL STATE FUNDS $9,547,547 $8,846,260 $9,060,842 State General Funds $9,547,547 $8,846,260 $9,060,842 TOTAL FEDERAL FUNDS $186,478 Federal Funds Not Itemized $186,478 TOTAL PUBLIC FUNDS $9,547,547 $8,846,260 $9,247,320 Planning and Budget - Attached Agency Administration Continuation Budget The purpose is to provide administration services to various agencies. TOTAL STATE FUNDS $4,961,364 $4,961,364 $4,961,364 THURSDAY, MARCH 23, 2006 4087 State General Funds $4,961,364 $4,961,364 $4,961,364 TOTAL PUBLIC FUNDS $4,961,364 $4,961,364 $4,961,364 Changes in Operations / Administration 952.1 Consolidate OPB programs into one new program: "Governor's Office of Planning and Budget." State General Funds ($4,961,364) ($4,961,364) ($4,961,364) Planning and Budget - Budget Management and Fiscal Policy Continuation Budget The purpose is to supply budgeting, policy management and revenue forecasting for the Office of the Governor. TOTAL STATE FUNDS $2,331,824 $2,331,824 $2,331,824 State General Funds $2,331,824 $2,331,824 $2,331,824 TOTAL PUBLIC FUNDS $2,331,824 $2,331,824 $2,331,824 Changes in Operations / Administration 953.1 Consolidate OPB programs into one new program: "Governor's Office of Planning and Budget." State General Funds ($2,331,824) ($2,331,824) ($2,331,824) Planning and Budget - Planning and Evaluation Continuation Budget 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 STATE FUNDS $899,456 $899,456 $899,456 State General Funds $899,456 $899,456 $899,456 TOTAL PUBLIC FUNDS $899,456 $899,456 $899,456 Changes in Operations / Administration 954.1 Consolidate OPB programs into one new program: "Governor's Office of Planning and Budget." State General Funds ($899,456) ($899,456) ($899,456) Planning and Budget - Research and Management Continuation Budget 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 STATE FUNDS $1,588,475 $1,588,475 $1,588,475 State General Funds $1,588,475 $1,588,475 $1,588,475 TOTAL PUBLIC FUNDS $1,588,475 $1,588,475 $1,588,475 Changes in Operations / Administration 955.1 Consolidate OPB programs into one new program: "Governor's Office of Planning and Budget." State General Funds ($1,588,475) ($1,588,475) ($1,588,475) 4088 JOURNAL OF THE HOUSE Planning and Budget - Office Administration Continuation Budget The purpose is to provide the governor with policymaking assistance in determining strategic and tactical plans for state agencies. TOTAL STATE FUNDS $1,521,238 $1,521,238 $1,521,238 State General Funds $1,521,238 $1,521,238 $1,521,238 TOTAL PUBLIC FUNDS $1,521,238 $1,521,238 $1,521,238 Changes in Operations / Administration 956.1 Consolidate OPB programs into one new program: "Governor's Office of Planning and Budget." State General Funds ($1,521,238) ($1,521,238) ($1,521,238) 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. Section 27: Human Resources, Department of TOTAL STATE FUNDS Brain and Spinal Injury Trust Fund State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Community Mental Health Services Block Grant CFDA93.958 Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Block Grant CFDA93.959 $1,372,277,952 $3,000,000 $1,334,244,473 $35,033,479 $1,197,385,486 $52,106,949 $74,410,706 $12,840,422 $17,185,183 $308,987,738 $41,354,292 $18,929,972 $17,348,033 $175,865,314 $50,960,435 Section Total - Continuation $1,372,277,952 $1,372,277,952 $3,000,000 $3,000,000 $1,334,244,473 $1,334,244,473 $35,033,479 $35,033,479 $1,197,385,486 $1,197,385,486 $52,106,949 $52,106,949 $74,410,706 $74,410,706 $12,840,422 $12,840,422 $17,185,183 $17,185,183 $308,987,738 $308,987,738 $41,354,292 $41,354,292 $18,929,972 $18,929,972 $17,348,033 $17,348,033 $175,865,314 $175,865,314 $50,960,435 $50,960,435 THURSDAY, MARCH 23, 2006 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA 93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Unobligated Balance TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL STATE FUNDS Brain and Spinal Injury Trust Fund State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Community Mental Health Services Block Grant CFDA93.958 Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Block Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA 93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Unobligated Balance TOTAL AGENCY FUNDS $4,203,960 $55,368,733 $347,823,749 $20,000,000 $181,632,610 $20,000,000 $161,632,610 $6,030,541 $2,757,326,589 $1,413,695,132 $3,007,691 $1,382,119,302 $28,568,139 $1,260,647,133 $52,136,925 $74,410,706 $12,840,422 $17,189,251 $319,778,421 $50,264,804 $18,929,972 $17,348,033 $192,612,178 $50,960,435 $4,203,960 $4,203,960 $55,368,733 $55,368,733 $347,823,749 $347,823,749 $20,000,000 $20,000,000 $181,632,610 $181,632,610 $20,000,000 $20,000,000 $161,632,610 $161,632,610 $6,030,541 $6,030,541 $2,757,326,589 $2,757,326,589 Section Total - Final $1,422,608,634 $1,419,502,836 $3,000,000 $3,007,691 $1,391,040,495 $1,387,927,006 $28,568,139 $28,568,139 $1,449,238,227 $1,710,573,711 $52,136,925 $53,817,151 $110,410,706 $132,529,040 $12,840,422 $12,840,422 $17,189,251 $17,189,251 $369,990,024 $650,911,455 $46,764,804 $47,964,804 $18,929,972 $18,929,972 $17,348,033 $17,348,033 $198,856,332 $158,070,607 $50,960,435 $50,960,435 $4,203,960 $50,485,333 $351,827,160 $47,659,533 $183,914,529 $4,203,960 $50,485,333 $363,398,354 $135,723,676 $183,914,529 $4,203,960 $50,485,333 $354,528,378 $140,794,870 $187,178,765 4089 4090 JOURNAL OF THE HOUSE Contributions, Donations, and Forfeitures $20,000,000 $20,000,000 $20,000,000 Sales and Services $163,914,529 $163,914,529 $167,178,765 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $6,030,541 $6,030,541 $6,030,541 TOTAL PUBLIC FUNDS $2,864,287,335 $3,061,791,931 $3,323,285,853 Adolescent and Adult Health Promotion Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 188.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $984,820 $839,385 $580,275 Changes to the Purpose or the Purpose Measure 188.2 SAC: The purpose of this appropriation is to provide education and services to promote the health and well being of Georgians. Activities include preventing teenage pregnancies, tobacco use prevention, cancer screening and prevention, and family planning services. The purpose will be measured by: the percentage of people who use tobacco among a.)adults, b.)youth, c.) pregnant women; the pregnancy rate among adolescents ages 10-19 years; and the rate of breast and cervical cancer screening services to low income or uninsured women. State General Funds $0 $0 Changes in Operations / Administration 188.3 Create a new program by transferring funds and activities from "Adolescent Health & Youth Development", "Laboratory Services", "Women's Health Services", "Cancer Screening & Prevention", and "Tobacco Use Prevention"(H and S:YES). State General Funds $14,323,394 $14,323,394 $14,323,394 Tobacco Settlement Funds $4,874,988 $4,874,988 $4,874,988 Federal Funds Not Itemized $6,207,725 $6,207,725 $6,207,725 Maternal & Child Health Services Block Grant CFDA93.994 $1,087,109 $1,087,109 $1,087,109 Medical Assistance Program CFDA93.778 $571,735 $571,735 $571,735 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families Block Grant CFDA 93.558 $20,596,897 $20,596,897 $20,596,897 TOTAL PUBLIC FUNDS $47,703,542 $47,703,542 $47,703,542 THURSDAY, MARCH 23, 2006 4091 Changes in How the Program is Funded 188.4 Transfer funds from previous services in the Tobacco Use Prevention sub-program to supplant State funds in the Cancer Screening sub-program(S:NO). State General Funds ($1,899,875) $0 Tobacco Settlement Funds $1,899,875 $0 TOTAL PUBLIC FUNDS $0 $0 188.8 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $1,051,755 Changes in What Services are Offered 188.5 Provide funding for the Diabetic Care Coalition(S:Diabetes Care Coalition). State General Funds $250,000 $100,000 Changes in the Size of the Program 188.6 Eliminate the Tobacco Use Prevention sub-program except for $250,000 in media promotions to promote the National Cancer Institute's Quitline with Tobacco funds(S:NO). State General Funds ($61,159) $0 Tobacco Settlement Funds ($1,899,875) $0 TOTAL PUBLIC FUNDS ($1,961,034) $0 188.7 Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta, Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on population. State General Funds $100,000 $0 188. Adolescent and Adult Health Promotion Appropriation (HB1027) The purpose of this appropriation is to provide education and services to promote the health and well being of Georgians. Activities include preventing teenage pregnancies, tobacco use prevention, cancer screening and prevention, and family planning services. The purpose will be measured by: the percentage of people who use tobacco among a.)adults, b.)youth, c.) pregnant women; the pregnancy rate among adolescents ages 10-19 years; and the rate of breast and cervical cancer screening services to low income or uninsured women. TOTAL STATE FUNDS $20,183,202 $18,426,733 $19,878,657 State General Funds $15,308,214 $13,551,745 $15,003,669 Tobacco Settlement Funds $4,874,988 $4,874,988 $4,874,988 TOTAL FEDERAL FUNDS $28,505,160 $28,505,160 $29,556,915 Federal Funds Not Itemized $6,207,725 $6,207,725 $7,259,480 4092 JOURNAL OF THE HOUSE Maternal & Child Health Services Block Grant CFDA93.994 $1,087,109 $1,087,109 $1,087,109 Medical Assistance Program CFDA93.778 $571,735 $571,735 $571,735 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $20,596,897 $20,596,897 $20,596,897 Temporary Assistance for Needy Families Block Grant CFDA $20,596,897 $20,596,897 $20,596,897 93.558 TOTAL PUBLIC FUNDS $48,688,362 $46,931,893 $49,435,572 Adoptions Services Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 189.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $44,659 $44,659 $44,659 Changes to the Purpose or the Purpose Measure 189.2 SAC: The purpose of this appropriation is to support and facilitate the safe permanent placement of children by prescreening families and providing support and financial services after adoption. The purpose will be measured by the average length of time, for a child in state custody, to exit state care into finalized adoption. House: The purpose of this appropriation is to support and facilitate the safe permanent placement of children by prescreening families and providing support and financial services after adoption. State General Funds $0 $0 Changes in Operations / Administration 189.4 Create a new program by transferring funds and activities from "Adoption Services & Supplements", "Post Adoption Services" and, "Pre Adoption Services" State General Funds $33,258,201 $33,258,201 $33,258,201 Federal Funds Not Itemized $24,070,544 $24,070,544 $24,070,544 Temporary Assistance for Needy Families Block Grant CFDA 93.558 $4,300,000 $4,300,000 $4,300,000 Sales and Services Not Itemized $561,732 $561,732 $561,732 TOTAL PUBLIC FUNDS $62,190,477 $62,190,477 $62,190,477 Changes in How the Program is Funded 189.3 Recognize increase in federal match rate by adjusting state funds. State General Funds ($348,668) ($348,668) ($348,668) THURSDAY, MARCH 23, 2006 4093 Changes in the Size of the Program 189.5 Increase funding for adoption assistance for two parent families. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $7,700,000 $7,700,000 189. Adoptions Services Appropriation (HB1027) The purpose of this appropriation is to support and facilitate the safe permanent placement of children by prescreening families and providing support and financial services after adoption. The purpose will be measured by the average length of time, for a child in state custody, to exit state care into finalized adoption. TOTAL STATE FUNDS $32,954,192 $32,954,192 $32,954,192 State General Funds $32,954,192 $32,954,192 $32,954,192 TOTAL FEDERAL FUNDS $28,370,544 $36,070,544 $36,070,544 Federal Funds Not Itemized $24,070,544 $24,070,544 $24,070,544 Temporary Assistance for Needy Families $4,300,000 $12,000,000 $12,000,000 Temporary Assistance for Needy Families Block Grant CFDA $4,300,000 $12,000,000 $12,000,000 93.558 TOTAL AGENCY FUNDS $561,732 $561,732 $561,732 Sales and Services $561,732 $561,732 $561,732 Sales and Services Not Itemized $561,732 $561,732 $561,732 TOTAL PUBLIC FUNDS $61,886,468 $69,586,468 $69,586,468 Adult Addictive Diseases Services Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 190.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $9,210,777 $0 $1,069,318 Changes to the Purpose or the Purpose Measure 190.2 SAC: The purpose of this appropriation is to provide services to adults for the safe withdrawal from abused substances and promote a transition to productive living. The purpose will be measured by: the percentage of consumers with addictive diseases who are effectively treated; and the percentage of clients referred by other state agencies that are treated. House: The purpose of this appropriation is to provide services to adults for the safe withdrawal from abused substances and promote a transition to productive living. 4094 JOURNAL OF THE HOUSE State General Funds $0 $0 Changes in Operations / Administration 190.3 Create a new program by transferring funds and activities from "Community Services - Adult"(H and S:YES). State General Funds $41,766,783 $41,766,783 $41,766,783 Prevention & Treatment of Substance Abuse Block Grant $26,315,435 $26,315,435 $26,315,435 CFDA93.959 TOTAL PUBLIC FUNDS $68,082,218 $68,082,218 $68,082,218 Changes in What Services are Offered 190.4 Provide funds for provider training and treatment services to 200 methamphetamine-addicted adults with children. State General Funds $1,000,000 $1,000,000 $1,000,000 Changes in the Size of the Program 190.5 Funding for the operation of the Emanuel Regional Detoxification Center State General Funds $240,000 190. Adult Addictive Diseases Services Appropriation (HB1027) The purpose of this appropriation is to provide services to adults for the safe withdrawal from abused substances and promote a transition to productive living. The purpose will be measured by: the percentage of consumers with addictive diseases who are effectively treated; and the percentage of clients referred by other state agencies that are treated. TOTAL STATE FUNDS $51,977,560 $42,766,783 $44,076,101 State General Funds $51,977,560 $42,766,783 $44,076,101 TOTAL FEDERAL FUNDS $26,315,435 $26,315,435 $26,315,435 Prevention & Treatment of Substance Abuse Block Grant $26,315,435 $26,315,435 $26,315,435 CFDA93.959 TOTAL PUBLIC FUNDS $78,292,995 $69,082,218 $70,391,536 Adult Developmental Disabilities Services Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 191.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $2,100,000 $4,751,916 THURSDAY, MARCH 23, 2006 4095 Changes to the Purpose or the Purpose Measure 191.11 SAC: The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities. House: The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities. State General Funds $0 $0 Changes in Operations / Administration 191.2 Realize savings by reducing non-Psychiatrist Physicians at Central State Hospital. State General Funds ($2,100,000) ($2,100,000) ($2,100,000) 191.3 Annualize the cost of 925 waiver slots on the Mental Retardation/Developmental Disabilities Waiting List. State General Funds $2,648,987 $2,648,987 $2,648,987 Medical Assistance Program CFDA93.778 $4,229,713 $4,229,713 $4,229,713 TOTAL PUBLIC FUNDS $6,878,700 $6,878,700 $6,878,700 191.4 Create a new program by transferring funds and activities from "Community Services - Adult" and "State Hospital Facilities - Other Care"(H and S:YES). State General Funds $160,201,125 $160,201,125 $160,201,125 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 Federal Funds Not Itemized $161,867 $161,867 $161,867 Medical Assistance Program CFDA93.778 $17,873,979 $17,873,979 $17,873,979 Social Services Block Grant CFDA 93.667 $30,636,459 $30,636,459 $30,636,459 Temporary Assistance for Needy Families Block Grant CFDA 93.558 $27,016,392 $27,016,392 $27,016,392 TANF Transfers to Social Services Block Grant $3,487,988 $3,487,988 $3,487,988 Sales and Services Not Itemized $53,767,732 $53,767,732 $53,767,732 TOTAL PUBLIC FUNDS $303,400,680 $303,400,680 $303,400,680 191.5 Recognize efficiencies within the Department of Human Resources through the implementation of an ASO provided by the Department of Community Health. State General Funds ($500,519) ($500,519) One-Time Expense 191.12 Provide funds for Rockdale Cares. State General Funds $50,000 4096 JOURNAL OF THE HOUSE Changes in How the Program is Funded 191.6 Recognize increase in federal match rate by adjusting state funds. State General Funds ($500,000) ($500,000) ($500,000) Changes in What Services are Offered 191.10 Coordinate dental hygienist programs at technical schools to provide services to consumers with developmental disabilities. Contract outside the agency for coordination services. State General Funds $50,000 Changes in the Size of the Program 191.7 Fund 750 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting List(H:Add 750 slots with 9 months funding to bring total funding to 1,500 slots)(S:House position but 6 months funding. See item 191.9 and 199.11 for an additional 12 months funding for 1,500 slots). State General Funds $5,277,697 $9,993,472 $9,619,528 Medical Assistance Program CFDA93.778 $5,745,727 $10,879,705 $12,218,453 TOTAL PUBLIC FUNDS $11,023,424 $20,873,177 $21,837,981 191.8 Transfer to Child and Adolescent Developmental Disabilities. TANF Transfers to Social Services Block Grant ($3,487,988) ($3,487,988) 191.9 Provide 12 month funding for 1,500 slots for consumers on the Mental Retardation/Developmental Disabilities waiting list. This initiative, combined with items 191.7 and 199.5, brings the total number of new slots to 3,000. (S:Offset $24,147,199 state funds cost with funds previously used to cover the deficit for state hospitals). State General Funds $0 191. Adult Developmental Disabilities Services Appropriation (HB1027) The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities. TOTAL STATE FUNDS $175,782,947 $182,098,203 $184,476,175 State General Funds $165,527,809 $171,843,065 $174,221,037 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $89,152,125 $90,798,115 $92,136,863 Federal Funds Not Itemized $161,867 $161,867 $161,867 Medical Assistance Program CFDA93.778 $27,849,419 $32,983,397 $34,322,145 Social Services Block Grant CFDA 93.667 $30,636,459 $30,636,459 $30,636,459 Temporary Assistance for Needy Families $30,504,380 $27,016,392 $27,016,392 THURSDAY, MARCH 23, 2006 4097 Temporary Assistance for Needy Families Block Grant CFDA $27,016,392 $27,016,392 $27,016,392 93.558 TANF Transfers to Social Services Block Grant $3,487,988 TOTAL AGENCY FUNDS $53,767,732 $53,767,732 $53,767,732 Sales and Services $53,767,732 $53,767,732 $53,767,732 Sales and Services Not Itemized $53,767,732 $53,767,732 $53,767,732 TOTAL PUBLIC FUNDS $318,702,804 $326,664,050 $330,380,770 Adult Essential Health Treatment Services Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 192.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $1,326,449 $890,279 $75,328 Changes to the Purpose or the Purpose Measure 192.2 SAC: The purpose of this appropriation is to provide treatment and services to low income Georgians with cancer, Georgians at risk of stroke or heart attacks, and refugees. The purpose will be measured by: the number of uninsured cancer patients who are at or below 200% FPL that are treated; and the percentage of those eligible that receive refugee health services. House: The purpose of this appropriation is to provide treatment and services to low income Georgians with cancer, Georgians at risk of stroke or heart attacks, and refugees. State General Funds $0 $0 Changes in Operations / Administration 192.3 Create a new program by transferring funds and activities from "Chronic Disease Treatment & Control" and "Refugee Health Program" (H and S:YES). State General Funds $7,992,535 $7,992,535 $7,992,535 Tobacco Settlement Funds $3,547,455 $3,547,455 $3,547,455 Federal Funds Not Itemized $118,690 $118,690 $118,690 Preventive Health & Health Services Block Grant CFDA93.991 $1,210,877 $1,210,877 $1,210,877 TOTAL PUBLIC FUNDS $12,869,557 $12,869,557 $12,869,557 4098 JOURNAL OF THE HOUSE One-Time Expense 192.6 Increase funding to purchase factor concentrate for people with hemophilia who lack health insurance, Medicaid, or Medicare. State General Funds $100,000 $200,000 Changes in How the Program is Funded 192.7 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $407,993 TOTAL PUBLIC FUNDS $407,993 Changes in the Size of the Program 192.4 Provide funding for Cancer State Aid to treat low-income, uninsured or underinsured patients with survivable cancers. Tobacco Settlement Funds $1,452,545 $1,452,545 $1,452,545 192.5 Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta, Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on population. State General Funds $100,000 $0 192. Adult Essential Health Treatment Services Appropriation (HB1027) The purpose of this appropriation is to provide treatment and services to low income Georgians with cancer, Georgians at risk of stroke or heart attacks, and refugees. The purpose will be measured by: the number of uninsured cancer patients who are at or below 200% FPL that are treated; and the percentage of those eligible that receive refugee health services. TOTAL STATE FUNDS $14,318,984 $14,082,814 $13,267,863 State General Funds $9,318,984 $9,082,814 $8,267,863 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 TOTAL FEDERAL FUNDS $1,329,567 $1,329,567 $1,737,560 Federal Funds Not Itemized $118,690 $118,690 $526,683 Preventive Health & Health Services Block Grant CFDA93.991 $1,210,877 $1,210,877 $1,210,877 TOTAL PUBLIC FUNDS $15,648,551 $15,412,381 $15,005,423 Adult Forensic Services Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 193.1 GTA, GBA, WC, COLA, SHBP and Annualizer THURSDAY, MARCH 23, 2006 4099 State General Funds $7,110,777 $504,926 Changes to the Purpose or the Purpose Measure 193.2 SAC: The purpose of this appropriation is to provide evaluation, treatment and residential services to adult clients referred by Georgia's criminal justice or corrections system. House: The purpose of this appropriation is to provide evaluation, treatment and residential services to adult clients referred by Georgia's criminal justice or corrections system. State General Funds $0 $0 Changes in Operations / Administration 193.3 Create a new program by transferring funds and activities from "State Hospital Facilities"(H and S:YES). State General Funds $25,665,915 $25,665,915 $25,665,915 Federal Funds Not Itemized $1,115,408 $1,115,408 $1,115,408 TOTAL PUBLIC FUNDS $26,781,323 $26,781,323 $26,781,323 193. Adult Forensic Services Appropriation (HB1027) The purpose of this appropriation is to provide evaluation, treatment and residential services to adult clients referred by Georgia's criminal justice or corrections system. TOTAL STATE FUNDS $25,665,915 $32,776,692 $26,170,841 State General Funds $25,665,915 $32,776,692 $26,170,841 TOTAL FEDERAL FUNDS $1,115,408 $1,115,408 $1,115,408 Federal Funds Not Itemized $1,115,408 $1,115,408 $1,115,408 TOTAL PUBLIC FUNDS $26,781,323 $33,892,100 $27,286,249 Adult Mental Health Services Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 194.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $2,884,617 Changes to the Purpose or the Purpose Measure 194.10 SAC: The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. House: The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. 4100 JOURNAL OF THE HOUSE State General Funds $0 $0 Changes in Operations / Administration 194.2 Transfer from the Administration program to adjust Georgia Technology Authority rate funding. State General Funds $399,881 $399,881 $399,881 194.3 Create a new program by transferring funds and activities from "Community Services - Adult" and "State Hospital Facilities"(H and S:YES). State General Funds $174,319,232 $174,319,232 $174,319,232 Community Mental Health Services Block Grant CFDA93.958 $7,474,598 $7,474,598 $7,474,598 Federal Funds Not Itemized $4,605,116 $4,605,116 $4,605,116 Sales and Services Not Itemized $2,935,696 $2,935,696 $2,935,696 TOTAL PUBLIC FUNDS $189,334,642 $189,334,642 $189,334,642 194.4 Evaluate all state mental health hospitals and begin planning for the privatization of at least one facility.(H and S:YES). State General Funds $0 $0 One-Time Expense 194.8 Provide community services and forensic placements for consumers at West Central Georgia Regional Hospital through the following strategies: a. Transfer 20 adult mental health beds to Northwest Georgia Regional Hospital (Rome) by October 1, 2006 b. Provide community adult crisis stabilization services by establishing 2 16-bed units by October 1, 2006 c. Transfer 40 forensic beds to Georgia Regional Hospital (Savannah) by June 15, 2007 d. Provide community forensic transition services by establishing a 6-bed community integration home by February 1, 2007 e. Provide court ordered community placement for 35 forensic consumers by June 1, 2007; f. Transfer 35 adult mental health consumers to the community by March 1, 2007; g. Transfer administration of 8 adolescent transition beds to Southwestern State Hospital (Thomasville). State General Funds $1,600,643 $1,600,643 $1,600,643 194.9 Add one-time funding to support the new building project for the Savannah Area Behavioral Health Collaborative. State General Funds $50,000 $500,000 Changes in the Size of the Program 194.5 Transfer state funds to the Department of Community Health's Low Income Medicaid program to implement Georgia Healthy Families which serves Medicaid clients that receive mental health services. THURSDAY, MARCH 23, 2006 4101 State General Funds ($17,910,517) ($17,910,517) ($17,910,517) 194.6 Provide funds for one adult crisis stabilization unit so that consumers can be served in the community rather than at a state hospital. State General Funds $1,523,479 $1,523,479 $1,523,479 Medical Assistance Program CFDA93.778 $250,000 $250,000 $250,000 TOTAL PUBLIC FUNDS $1,773,479 $1,773,479 $1,773,479 194.7 Provide for case management and other support services for adult mental health and addictive disease consumers being treated in the community. State General Funds $1,530,000 $427,000 $1,530,000 Medical Assistance Program CFDA93.778 $459,000 $98,210 $459,000 TOTAL PUBLIC FUNDS $1,989,000 $525,210 $1,989,000 194. Adult Mental Health Services Appropriation (HB1027) The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. TOTAL STATE FUNDS $161,462,718 $160,409,718 $164,847,335 State General Funds $161,462,718 $160,409,718 $164,847,335 TOTAL FEDERAL FUNDS $12,788,714 $12,427,924 $12,788,714 Community Mental Health Services Block Grant CFDA93.958 $7,474,598 $7,474,598 $7,474,598 Federal Funds Not Itemized $4,605,116 $4,605,116 $4,605,116 Medical Assistance Program CFDA93.778 $709,000 $348,210 $709,000 TOTAL AGENCY FUNDS $2,935,696 $2,935,696 $2,935,696 Sales and Services $2,935,696 $2,935,696 $2,935,696 Sales and Services Not Itemized $2,935,696 $2,935,696 $2,935,696 TOTAL PUBLIC FUNDS $177,187,128 $175,773,338 $180,571,745 Adult Nursing Home Services Continuation Budget The purpose is to provide education and health promotion related to intentional and unintentional injuries. TOTAL STATE FUNDS $1,495,494 $1,495,494 $1,495,494 State General Funds $1,495,494 $1,495,494 $1,495,494 TOTAL FEDERAL FUNDS $14,551 $14,551 $14,551 Federal Funds Not Itemized $14,551 $14,551 $14,551 TOTAL AGENCY FUNDS $1,547,240 $1,547,240 $1,547,240 4102 JOURNAL OF THE HOUSE Sales and Services $1,547,240 $1,547,240 $1,547,240 Sales and Services Not Itemized $1,547,240 $1,547,240 $1,547,240 TOTAL PUBLIC FUNDS $3,057,285 $3,057,285 $3,057,285 Changes to the Purpose or the Purpose Measure 195.1 SAC: The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. House: The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. State General Funds $0 $0 Changes in Operations / Administration 195.2 Transfer funds and activities to create the program "Adult Services" (G:YES)(H and S:NO, Rename program "Adult Nursing Home Services"). State General Funds $0 $0 $0 Changes in Where or When the Services are Offered 195.3 Realize savings by consolidating the Craig Nursing Center and the Nursing Home Center. State General Funds ($1,349,123) ($1,349,123) ($1,349,123) Sales and Services Not Itemized $0 $0 $0 TOTAL PUBLIC FUNDS ($1,349,123) ($1,349,123) ($1,349,123) 195. Adult Nursing Home Services Appropriation (HB1027) The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. TOTAL STATE FUNDS $146,371 $146,371 $146,371 State General Funds $146,371 $146,371 $146,371 TOTAL FEDERAL FUNDS $14,551 $14,551 $14,551 Federal Funds Not Itemized $14,551 $14,551 $14,551 TOTAL AGENCY FUNDS $1,547,240 $1,547,240 $1,547,240 Sales and Services $1,547,240 $1,547,240 $1,547,240 Sales and Services Not Itemized $1,547,240 $1,547,240 $1,547,240 TOTAL PUBLIC FUNDS $1,708,162 $1,708,162 $1,708,162 After School Care Continuation Budget TOTAL STATE FUNDS $0 $0 $0 THURSDAY, MARCH 23, 2006 4103 State General Funds $0 $0 $0 Changes to the Purpose or the Purpose Measure 196.1 SAC: The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. The purpose will be measured by the amount of maintenance of effort money drawn down by after school care programs. State General Funds $0 $0 Changes in Operations / Administration 196.2 Create a new program by transferring funds and activities from "Child Care & Parent Services"(H and S:YES). State General Funds $4,000,000 $4,000,000 $4,000,000 Temporary Assistance for Needy Families Block Grant CFDA 93.558 $10,000,000 $10,000,000 $10,000,000 TOTAL PUBLIC FUNDS $14,000,000 $14,000,000 $14,000,000 Changes in How the Program is Funded 196.3 Transfer Maintenance of Effort money collected for after school care programs from Support for Needy Families- Basic Assistance. TANF Maintenance-of-Effort from External Sources $20,000,000 196. After School Care Appropriation (HB1027) The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. The purpose will be measured by the amount of maintenance of effort money drawn down by after school care programs. TOTAL STATE FUNDS $4,000,000 $4,000,000 $4,000,000 State General Funds $4,000,000 $4,000,000 $4,000,000 TOTAL FEDERAL FUNDS $10,000,000 $10,000,000 $10,000,000 Temporary Assistance for Needy Families $10,000,000 $10,000,000 $10,000,000 Temporary Assistance for Needy Families Block Grant CFDA $10,000,000 $10,000,000 $10,000,000 93.558 TOTAL AGENCY FUNDS $20,000,000 Contributions, Donations, and Forfeitures $20,000,000 TANF Maintenance-of-Effort from External Sources $20,000,000 TOTAL PUBLIC FUNDS $14,000,000 $14,000,000 $34,000,000 Child and Adolescent Addictive Diseases Services Continuation Budget TOTAL STATE FUNDS $0 $0 $0 4104 JOURNAL OF THE HOUSE State General Funds $0 $0 $0 Statewide Changes 198.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $1,612,337 $0 $378,352 Changes to the Purpose or the Purpose Measure 198.2 SAC: The purpose of this appropriation is to provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to productive living. The purpose will be measured by: the percentage of consumers with addictive diseases who are effectively treated; and by the percentage of clients referred by other state agencies that are treated. House: The purpose of this appropriation is to provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to productive living. State General Funds $0 $0 Changes in Operations / Administration 198.3 Create a new program by transferring funds and activities from "Community Services - Child & Adolescent"(H and S:YES). State General Funds $9,232,387 $9,232,387 $9,232,387 Prevention & Treatment of Substance Abuse Block Grant $14,452,912 $14,452,912 $14,452,912 CFDA93.959 TOTAL PUBLIC FUNDS $23,685,299 $23,685,299 $23,685,299 Changes in How the Program is Funded 198.4 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $2,486,456 TOTAL PUBLIC FUNDS $2,486,456 198. Child and Adolescent Addictive Diseases Services Appropriation (HB1027) The purpose of this appropriation is to provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to productive living. The purpose will be measured by: the percentage of consumers with addictive diseases who are effectively treated; and by the percentage of clients referred by other state agencies that are treated. TOTAL STATE FUNDS $10,844,724 $9,232,387 $9,610,739 State General Funds $10,844,724 $9,232,387 $9,610,739 TOTAL FEDERAL FUNDS $14,452,912 $14,452,912 $16,939,368 THURSDAY, MARCH 23, 2006 4105 Federal Funds Not Itemized $2,486,456 Prevention & Treatment of Substance Abuse Block Grant $14,452,912 $14,452,912 $14,452,912 CFDA93.959 TOTAL PUBLIC FUNDS $25,297,636 $23,685,299 $26,550,107 Child and Adolescent Developmental Disabilities Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 199.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $223,008 Changes to the Purpose or the Purpose Measure 199.12 SAC: The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for children and adolescents with developmental disabilities. House: The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for children and adolescents with developmental disabilities. State General Funds $0 $0 Changes in Operations / Administration 199.2 Annualize the cost of 925 waiver slots on the Mental Retardation/Developmental Disabilities Waiting List. State General Funds $548,430 $548,430 $548,430 Medical Assistance Program CFDA93.778 $875,693 $875,693 $875,693 TOTAL PUBLIC FUNDS $1,424,123 $1,424,123 $1,424,123 199.3 Create a new program by transferring funds and activities from "Community Services - Child & Adolescent"(H and S:YES). State General Funds $8,694,426 $8,694,426 $8,694,426 Medical Assistance Program CFDA93.778 $3,131,597 $3,131,597 $3,131,597 TOTAL PUBLIC FUNDS $11,826,023 $11,826,023 $11,826,023 199.4 Recognize efficiencies through the implementation of an ASO provided by the Department of Community Health. State General Funds ($94,319) ($94,319) Changes in the Size of the Program 199.5 Fund 750 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting List(H:Add 750 slots with 9 months funding to bring total funding to 1,500 slots)(S:House position but 6 months funding. See item 4106 JOURNAL OF THE HOUSE 191.9 and 199.11 for an additional 12 months funding for 1,500 slots). State General Funds $1,080,974 $2,046,857 $1,970,266 Medical Assistance Program CFDA93.778 $1,176,835 $2,228,374 $2,502,576 TOTAL PUBLIC FUNDS $2,257,809 $4,275,231 $4,472,842 199.6 Transfer the American Association of Adapted Sports Program contract from the Department of Labor's Roosevelt Warm Springs Institute program. State General Funds $284,069 $284,069 $284,069 199.7 Provide additional funding for the American Association of Adapted Sports program to expand services statewide. State General Funds $250,000 $0 199.8 Provide additional funding for the Marcus Institute to serve children with disabilities. State General Funds $2,000,000 $500,000 199.9 Provide additional funding for the Matthew Reardon Center to serve children with disabilities. State General Funds $100,000 $100,000 199.10 Transfer money from Adult Developmental Disabilities. TANF Transfers to Social Services Block Grant $3,487,988 $3,487,988 199.11 Provide 12 month funding for 1,500 slots for consumers on the Mental Retardation/Developmental Disabilities waiting list. This initiative, combined with items 191.7 and 199.5, brings the total number of new slots to 3,000. (S:Offset $24,147,199 state funds cost with funds previously used to cover the deficit for state hospitals). State General Funds $0 199. Child and Adolescent Developmental Disabilities Appropriation (HB1027) The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for children and adolescents with developmental disabilities. TOTAL STATE FUNDS $10,607,899 $13,829,463 $12,225,880 State General Funds $10,607,899 $13,829,463 $12,225,880 TOTAL FEDERAL FUNDS $5,184,125 $9,723,652 $9,997,854 Medical Assistance Program CFDA93.778 $5,184,125 $6,235,664 $6,509,866 Temporary Assistance for Needy Families $3,487,988 $3,487,988 TANF Transfers to Social Services Block Grant $3,487,988 $3,487,988 TOTAL PUBLIC FUNDS $15,792,024 $23,553,115 $22,223,734 Child and Adolescent Forensic Services Continuation Budget TOTAL STATE FUNDS $0 $0 $0 THURSDAY, MARCH 23, 2006 4107 State General Funds $0 $0 $0 Statewide Changes 200.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $164,797 $986,473 Changes to the Purpose or the Purpose Measure 200.6 SAC: The purpose of this appropriation is to provide evaluation, treatment and residential services to children and adolescents clients referred by Georgia's criminal justice or corrections system. House: The purpose of this appropriation is to provide evaluation, treatment and residential services to children and adolescents clients referred by Georgia's criminal justice or corrections system. State General Funds $0 $0 Changes in Operations / Administration 200.2 Transfer from the Administration program to adjust Georgia Technology Authority rate funding. State General Funds $93,507 $93,507 $93,507 200.3 Create a new program by transferring funds and activities from "Outdoor Therapeutic"(H and S:YES). State General Funds $1,789,534 $1,789,534 $1,789,534 Agency to Agency Contracts $937,587 $937,587 $937,587 TOTAL PUBLIC FUNDS $2,727,121 $2,727,121 $2,727,121 Changes in Where or When the Services are Offered 200.4 Provide a savings by transferring 19 mentally retarded and seriously emotionally disturbed child and adolescent consumers from Northwest Georgia Regional Hospital. State General Funds ($1,002,687) ($1,002,687) ($1,002,687) Changes in the Size of the Program 200.5 Provide nine months funding to expand child and adolescent crisis stabilization services(H:Designate one CSU at Gwinnett, Rockdale, and Newton CSB)(S:No designation). State General Funds $3,774,000 $3,774,000 $3,774,000 Medical Assistance Program CFDA93.778 $276,000 $276,000 $276,000 TOTAL PUBLIC FUNDS $4,050,000 $4,050,000 $4,050,000 200. Child and Adolescent Forensic Services Appropriation (HB1027) The purpose of this appropriation is to provide evaluation, treatment and residential services to children and adolescents clients referred by Georgia's criminal justice or corrections system. TOTAL STATE FUNDS $4,654,354 $4,819,151 $5,640,827 4108 JOURNAL OF THE HOUSE State General Funds $4,654,354 $4,819,151 $5,640,827 TOTAL FEDERAL FUNDS $276,000 $276,000 $276,000 Medical Assistance Program CFDA93.778 $276,000 $276,000 $276,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $937,587 $937,587 $937,587 Agency to Agency Contracts $937,587 $937,587 $937,587 TOTAL PUBLIC FUNDS $5,867,941 $6,032,738 $6,854,414 Child and Adolescent Mental Health Services Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 201.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $1,447,540 $24,504 Changes to the Purpose or the Purpose Measure 201.2 SAC: The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to children and adolescents with mental illness. House: The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to children and adolescents with mental illness. State General Funds $0 $0 Changes in Operations / Administration 201.3 Create a new program by transferring funds and activities from "Community Services - Child & Adolescent", "Outdoor Therapeutic" and, "State Hospital Facilities - Other Care"(H and S:YES). State General Funds $64,730,241 $64,730,241 $64,730,241 Community Mental Health Services Block Grant CFDA93.958 $5,365,824 $5,365,824 $5,365,824 Medical Assistance Program CFDA93.778 $3,105 $3,105 $3,105 TOTAL PUBLIC FUNDS $70,099,170 $70,099,170 $70,099,170 201. Child and Adolescent Mental Health Services Appropriation (HB1027) The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to children and adolescents with mental illness. TOTAL STATE FUNDS $64,730,241 $66,177,781 $64,754,745 State General Funds $64,730,241 $66,177,781 $64,754,745 TOTAL FEDERAL FUNDS $5,368,929 $5,368,929 $5,368,929 THURSDAY, MARCH 23, 2006 4109 Community Mental Health Services Block Grant CFDA93.958 $5,365,824 $5,365,824 $5,365,824 Medical Assistance Program CFDA93.778 $3,105 $3,105 $3,105 TOTAL PUBLIC FUNDS $70,099,170 $71,546,710 $70,123,674 Child Care Services Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 202.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $1,119,613 $142,728 Changes to the Purpose or the Purpose Measure 202.5 SAC: The purpose of this appropriation is to permit low income families to be self-reliant while protecting the safety and well-being of their children by ensuring access to child care. The purpose will be measured by the percentage of children who meet the maximum federal income eligibility requirements for subsidies that receive subsidies. House: The purpose of this appropriation is to permit low income families to be self-reliant while protecting the safety and well-being of their children by ensuring access to child care. State General Funds $0 $0 Changes in Operations / Administration 202.2 Create a new program by transferring funds and activities from "Child Care & Parent Services"(H and S:YES). State General Funds $57,805,665 $57,805,665 $57,805,665 Child Care & Development Block Grant CFDA93.575 $52,106,949 $52,106,949 $52,106,949 CCDF Mandatory & Matching Funds CFDA93.596 $32,580,082 $32,580,082 $32,580,082 Social Services Block Grant CFDA 93.667 $90 $90 $90 TANF Transfers to Child Care Development Fund $29,700,000 $29,700,000 $29,700,000 Sales and Services Not Itemized $832,728 $832,728 $832,728 TOTAL PUBLIC FUNDS $173,025,514 $173,025,514 $173,025,514 Changes in How the Program is Funded 202.3 Supplant funds. Federal Funds Not Itemized $0 $29,700,000 Temporary Assistance for Needy Families Block Grant CFDA 93.558 $29,700,000 $0 TANF Transfers to Child Care Development Fund ($29,700,000) ($29,700,000) TOTAL PUBLIC FUNDS $0 $0 4110 JOURNAL OF THE HOUSE 202.6 Reflect $21,919,354 in base budget transfers of CCDF block grant funds to the Department of Early Care and Learning. Child Care & Development Block Grant CFDA93.575 $0 Changes in the Size of the Program 202.4 Increase CCDF funding to improve child care rate reimbursement and the number of children served(S:Reflect actual operating budget-no net change to reimbursement or number of children served). Child Care & Development Block Grant CFDA93.575 $0 $1,680,226 CCDF Mandatory & Matching Funds CFDA93.596 $36,000,000 $58,118,334 TOTAL PUBLIC FUNDS $36,000,000 $59,798,560 202. Child Care Services Appropriation (HB1027) The purpose of this appropriation is to permit low income families to be self-reliant while protecting the safety and well- being of their children by ensuring access to child care. The purpose will be measured by the percentage of children who meet the maximum federal income eligibility requirements for subsidies that receive subsidies. TOTAL STATE FUNDS $57,805,665 $58,925,278 $57,948,393 State General Funds $57,805,665 $58,925,278 $57,948,393 TOTAL FEDERAL FUNDS $114,387,121 $150,387,121 $174,185,681 Child Care & Development Block Grant CFDA93.575 $52,106,949 $52,106,949 $53,787,175 CCDF Mandatory & Matching Funds CFDA93.596 $32,580,082 $68,580,082 $90,698,416 Federal Funds Not Itemized $29,700,000 Social Services Block Grant CFDA 93.667 $90 $90 $90 Temporary Assistance for Needy Families $29,700,000 $29,700,000 Temporary Assistance for Needy Families Block Grant CFDA $29,700,000 93.558 TANF Transfers to Child Care Development Fund $29,700,000 TOTAL AGENCY FUNDS $832,728 $832,728 $832,728 Sales and Services $832,728 $832,728 $832,728 Sales and Services Not Itemized $832,728 $832,728 $832,728 TOTAL PUBLIC FUNDS $173,025,514 $210,145,127 $232,966,802 Child Fatality Review Panel Continuation Budget 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. THURSDAY, MARCH 23, 2006 4111 TOTAL STATE FUNDS $334,562 $334,562 $334,562 State General Funds $334,562 $334,562 $334,562 TOTAL PUBLIC FUNDS $334,562 $334,562 $334,562 Statewide Changes 203.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $4,270 $4,270 $4,270 203. Child Fatality Review Panel Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $338,832 $338,832 $338,832 State General Funds $338,832 $338,832 $338,832 TOTAL PUBLIC FUNDS $338,832 $338,832 $338,832 Child Support Services Continuation Budget The purpose is to enforce parental responsibility by paying financial support. TOTAL STATE FUNDS $15,508,672 $15,508,672 $15,508,672 State General Funds $15,508,672 $15,508,672 $15,508,672 TOTAL FEDERAL FUNDS $52,008,171 $52,008,171 $52,008,171 Federal Funds Not Itemized $51,888,171 $51,888,171 $51,888,171 Social Services Block Grant CFDA 93.667 $120,000 $120,000 $120,000 TOTAL AGENCY FUNDS $300,000 $300,000 $300,000 Sales and Services $300,000 $300,000 $300,000 Sales and Services Not Itemized $300,000 $300,000 $300,000 TOTAL PUBLIC FUNDS $67,816,843 $67,816,843 $67,816,843 Statewide Changes 204.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $274,208 $274,208 $274,208 Changes to the Purpose or the Purpose Measure 204.2 SAC: The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. The purpose will be measured by the percentage of cases that have ordered support that receive payment. House: The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. 4112 JOURNAL OF THE HOUSE State General Funds $0 $0 Changes in Operations / Administration 204.3 Reduce administrative costs(S:No contracts with District Attorneys are to be reduced). State General Funds ($200,000) ($200,000) ($200,000) Federal Funds Not Itemized ($388,235) ($388,235) ($388,235) TOTAL PUBLIC FUNDS ($588,235) ($588,235) ($588,235) 204.4 Transfer funds and activities to create the programs "Child Support Services" and "Fatherhood Initiative" (G:YES)(H and S:NO, Rename program "Child Support Services"). State General Funds $0 $0 $0 204. Child Support Services Appropriation (HB1027) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. The purpose will be measured by the percentage of cases that have ordered support that receive payment. TOTAL STATE FUNDS $15,582,880 $15,582,880 $15,582,880 State General Funds $15,582,880 $15,582,880 $15,582,880 TOTAL FEDERAL FUNDS $51,619,936 $51,619,936 $51,619,936 Federal Funds Not Itemized $51,499,936 $51,499,936 $51,499,936 Social Services Block Grant CFDA 93.667 $120,000 $120,000 $120,000 TOTAL AGENCY FUNDS $300,000 $300,000 $300,000 Sales and Services $300,000 $300,000 $300,000 Sales and Services Not Itemized $300,000 $300,000 $300,000 TOTAL PUBLIC FUNDS $67,502,816 $67,502,816 $67,502,816 Child Welfare Services Continuation Budget 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 STATE FUNDS $60,124,883 $60,124,883 $60,124,883 State General Funds $58,055,835 $58,055,835 $58,055,835 Tobacco Settlement Funds $2,069,048 $2,069,048 $2,069,048 TOTAL FEDERAL FUNDS $156,710,324 $156,710,324 $156,710,324 CCDF Mandatory & Matching Funds CFDA93.596 $41,829,844 $41,829,844 $41,829,844 Federal Funds Not Itemized $25,645,690 $25,645,690 $25,645,690 Foster Care Title IV-E CFDA93.658 $13,431,881 $13,431,881 $13,431,881 THURSDAY, MARCH 23, 2006 4113 Social Services Block Grant CFDA 93.667 $5,018,743 $5,018,743 $5,018,743 Temporary Assistance for Needy Families $70,784,166 $70,784,166 $70,784,166 Temporary Assistance for Needy Families Block Grant CFDA $50,669,658 $50,669,658 $50,669,658 93.558 TANF Transfers to Social Services Block Grant $20,114,508 $20,114,508 $20,114,508 TOTAL AGENCY FUNDS $13,490,604 $13,490,604 $13,490,604 Sales and Services $13,490,604 $13,490,604 $13,490,604 Sales and Services Not Itemized $13,490,604 $13,490,604 $13,490,604 TOTAL PUBLIC FUNDS $230,325,811 $230,325,811 $230,325,811 Statewide Changes 205.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $449,638 $449,638 $449,638 Changes to the Purpose or the Purpose Measure 205.2 SAC: The purpose of this appropriation is to investigate allegations of child abuse, abandonment and neglect and to provide services to protect the child and strengthen the family. The purpose will be measured statewide by: the percentage of children with a reported case of maltreatment during the first six of the previous twelve months who have one or more additional reported cases of maltreatment within the second six of the previous twelve months; by the percentage of all investigations of reported abuse or neglect that are completed within the time frames specified in the Social Services manual; and by the percentage of families with open child protective services cases who are required to receive substance abuse treatment as a condition of having the open CPS case closed, who receive treatment. House: The purpose of this appropriation is to investigate allegations of child abuse, abandonment and neglect and to provide services to protect the child and strengthen the family. State General Funds $0 $0 Changes in Operations / Administration 205.3 Realize efficiencies through the consolidation of DFCS county management and eliminate 60 positions through attrition. State General Funds ($1,503,900) ($1,503,900) ($1,503,900) Federal Funds Not Itemized ($300,417) ($300,417) ($300,417) Foster Care Title IV-E CFDA93.658 ($355,174) ($355,174) ($355,174) Medical Assistance Program CFDA93.778 $0 $0 $0 Social Services Block Grant CFDA 93.667 ($354,576) ($354,576) ($354,576) 4114 JOURNAL OF THE HOUSE Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($485,933) ($485,933) ($485,933) Temporary Assistance for Needy Families Unobligated Balance $0 $0 $0 TOTAL PUBLIC FUNDS ($3,000,000) ($3,000,000) ($3,000,000) 205.4 Remove funding(S:In line with Departmental TANF plan. See item 205.13 for offset. Net add is $3,685,492). TANF Transfers to Social Services Block Grant ($6,100,000) ($20,114,508) 205.5 Rename the program "Child Welfare Services" (G,H and S:YES). State General Funds $0 $0 $0 One-Time Expense 205.6 Increase funding for child welfare diversion. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $2,000,000 $0 Changes in How the Program is Funded 205.7 Replace tobacco funds with state general funds. State General Funds $2,069,048 $2,069,048 $2,069,048 Tobacco Settlement Funds ($2,069,048) ($2,069,048) ($2,069,048) TOTAL PUBLIC FUNDS $0 $0 $0 205.8 Annualize the cost of 500 additional Child Protective Services caseworkers added in the FY2006 budget. State General Funds $4,437,525 $4,437,525 $4,437,525 Foster Care Title IV-E CFDA93.658 $4,951,975 $4,951,975 $4,951,975 TOTAL PUBLIC FUNDS $9,389,500 $9,389,500 $9,389,500 205.9 Recognize increase in federal match rate by adjusting state funds. State General Funds ($335,972) ($335,972) ($335,972) Changes in the Size of the Program 205.10 Increase funds for Court Appointed Special Advocates to assist an additional 1,000 abused or neglected children in juvenile court deprivation proceedings. State General Funds $0 $0 $0 Temporary Assistance for Needy Families Block Grant CFDA 93.558 $280,000 $280,000 $280,000 TOTAL PUBLIC FUNDS $280,000 $280,000 $280,000 205.11 Provide funds for Child Advocacy Centers to help reduce trauma to victims of sexual abuse and increase prosecutions of perpetrators(S:Fund through the Children's Trust Fund Commission-Item 234.3). State General Funds $0 $0 $0 Temporary Assistance for Needy Families Block Grant CFDA 93.558 $250,000 $250,000 $0 THURSDAY, MARCH 23, 2006 4115 TOTAL PUBLIC FUNDS $250,000 $250,000 $0 205.12 Reduce contracts and operating costs. State General Funds ($31,718) ($31,718) ($31,718) 205.13 Increase funding to counties for Child Protective Services work activities. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $23,800,000 $23,800,000 205.14 Increase funding for the prevention of unnecessary placement services(S:See item 231.7). Temporary Assistance for Needy Families Block Grant CFDA 93.558 $4,000,000 $0 205.15 Add funding to support CPS intake activities for non Title IV-E eligible families. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $1,500,000 205. Child Welfare Services Appropriation (HB1027) The purpose of this appropriation is to investigate allegations of child abuse, abandonment and neglect and to provide services to protect the child and strengthen the family. The purpose will be measured statewide by: the percentage of children with a reported case of maltreatment during the first six of the previous twelve months who have one or more additional reported cases of maltreatment within the second six of the previous twelve months; by the percentage of all investigations of reported abuse or neglect that are completed within the time frames specified in the Social Services manual; and by the percentage of families with open child protective services cases who are required to receive substance abuse treatment as a condition of having the open CPS case closed, who receive treatment. TOTAL STATE FUNDS $63,140,456 $63,140,456 $63,140,456 State General Funds $63,140,456 $63,140,456 $63,140,456 TOTAL FEDERAL FUNDS $160,696,199 $184,396,199 $165,631,691 CCDF Mandatory & Matching Funds CFDA93.596 $41,829,844 $41,829,844 $41,829,844 Federal Funds Not Itemized $25,345,273 $25,345,273 $25,345,273 Foster Care Title IV-E CFDA93.658 $18,028,682 $18,028,682 $18,028,682 Social Services Block Grant CFDA 93.667 $4,664,167 $4,664,167 $4,664,167 Temporary Assistance for Needy Families $70,828,233 $94,528,233 $75,763,725 Temporary Assistance for Needy Families Block Grant CFDA $50,713,725 $80,513,725 $75,763,725 93.558 TANF Transfers to Social Services Block Grant $20,114,508 $14,014,508 TOTAL AGENCY FUNDS $13,490,604 $13,490,604 $13,490,604 Sales and Services $13,490,604 $13,490,604 $13,490,604 Sales and Services Not Itemized $13,490,604 $13,490,604 $13,490,604 4116 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $237,327,259 $261,027,259 $242,262,751 Departmental Administration Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 206.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $19,168,743 $19,168,743 $19,168,743 Child Care & Development Block Grant CFDA93.575 $29,976 $29,976 $29,976 Community Services Block Grant CFDA93.569 $4,068 $4,068 $4,068 Federal Funds Not Itemized $6,480,269 $6,480,269 $6,480,269 Medical Assistance Program CFDA93.778 $2,983,208 $2,983,208 $2,983,208 Temporary Assistance for Needy Families Block Grant CFDA 93.558 $1,605,843 $1,605,843 $0 TOTAL PUBLIC FUNDS $30,272,107 $30,272,107 $28,666,264 Changes to the Purpose or the Purpose Measure 206.2 SAC: The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. The purpose will be measured by the ratio of the administration budget to the budget of the agency. House: The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. State General Funds $0 $0 Changes in Operations / Administration 206.3 Reduce administrative expenses(S:No service contracts are to be cut). State General Funds ($1,242,777) ($1,242,778) ($1,242,778) 206.4 Reduce Information Technology equipment purchases. State General Funds ($500,000) ($500,000) ($500,000) 206.5 Transfer to Adult Services and Child Services to adjust Georgia Technology Authority rate funding. State General Funds ($493,388) ($493,388) ($493,388) 206.6 Create a new program by transferring funds and activities from "Departmental Administration", "Contracted Client Transportation Services," and, "Laboratory Services"(H and S:YES). State General Funds $89,424,800 $89,424,800 $89,424,800 Tobacco Settlement Funds $331,340 $331,340 $331,340 Federal Funds Not Itemized $6,744,245 $6,744,245 $6,744,245 THURSDAY, MARCH 23, 2006 4117 Low-Income Home Energy Assistance CFDA93.568 $346,557 $346,557 $346,557 Medical Assistance Program CFDA93.778 $67,960,097 $67,960,097 $67,960,097 Preventive Health & Health Services Block Grant CFDA93.991 $31,070 $31,070 $31,070 Social Services Block Grant CFDA 93.667 $9,952,472 $9,952,472 $9,952,472 Temporary Assistance for Needy Families Block Grant CFDA 93.558 $18,070,552 $18,070,552 $18,070,552 Sales and Services Not Itemized $5,872,044 $5,872,044 $5,872,044 TOTAL PUBLIC FUNDS $198,733,177 $198,733,177 $198,733,177 206.7 Increase funding for computer system costs. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $1,400,000 $0 206.8 Increase TANF funding for administration costs(S:Bring to SFY 2005 cost levels) Temporary Assistance for Needy Families Block Grant CFDA 93.558 $10,900,000 $3,600,000 206.9 Create a study committee to evaluate the mission of the Division of Public Health, its community funding formula, and salaries of its employees(H and S:YES). State General Funds $0 $0 206.17 Provide funding for the relocation of the Bryan, Gordon, Banks, and Randolph County DFCS facilities. State General Funds $200,000 Foster Care Title IV-E CFDA93.658 $200,000 TOTAL PUBLIC FUNDS $400,000 One-Time Expense 206.10 Funds for the Statewide Automated Child Welfare Information System. State General Funds $3,500,000 $0 $1,000,000 Foster Care Title IV-E CFDA93.658 $3,500,000 $0 $1,000,000 TOTAL PUBLIC FUNDS $7,000,000 $0 $2,000,000 206.11 Funds to update SUCCESS for TANF reauthorization. State General Funds $700,000 $700,000 $700,000 Federal Funds Not Itemized $391,000 $391,000 $391,000 Medical Assistance Program CFDA93.778 $471,070 $471,070 $471,070 Temporary Assistance for Needy Families Block Grant CFDA 93.558 $837,930 $837,930 $837,930 TOTAL PUBLIC FUNDS $2,400,000 $2,400,000 $2,400,000 206.12 Use existing funds to develop a business continuity and disaster recovery security standard for statewide department applications (G, H and S:YES). 4118 JOURNAL OF THE HOUSE State General Funds $0 $0 $0 206.18 Redirect $2,625,267 in surplus funding to cover expenses related to Hurricane Katrina. This funding will be removed in SFY2008. State General Funds $0 Changes in How the Program is Funded 206.13 Replace county funds previously contributed for the cost of the Electronic Benefit Transfer (EBT) card services. State General Funds $2,200,000 $2,200,000 $2,200,000 Federal Funds Not Itemized $65,633 $65,633 $65,633 Temporary Assistance for Needy Families Block Grant CFDA 93.558 $290,104 $290,104 $290,104 Temporary Assistance for Needy Families Unobligated Balance $0 $0 $0 Sales and Services Not Itemized $0 $0 $0 TOTAL PUBLIC FUNDS $2,555,737 $2,555,737 $2,555,737 206.14 Replace tobacco funds with state general funds. State General Funds $9,356 $9,356 $9,356 Tobacco Settlement Funds ($9,356) ($9,356) ($9,356) TOTAL PUBLIC FUNDS $0 $0 $0 206.19 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $48,075,885 Medical Assistance Program CFDA93.778 ($42,759,465) Sales and Services Not Itemized $3,264,236 TOTAL PUBLIC FUNDS $8,580,656 206.20 Reflect Social Service Block Grant Unobligated usage by refinancing with Social Service Block Grant. Federal Funds Not Itemized $4,528,824 $4,448,824 $4,448,824 Social Services Block Grant CFDA 93.667 ($4,528,824) ($4,448,824) ($4,448,824) TOTAL PUBLIC FUNDS $0 $0 $0 Changes in the Size of the Program 206.15 Reduce contracts. State General Funds ($221,077) ($1,843,282) ($1,843,282) 206.16 Reduce funding. Social Services Block Grant CFDA 93.667 ($80,000) ($80,000) THURSDAY, MARCH 23, 2006 4119 206. Departmental Administration Appropriation (HB1027) The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. The purpose will be measured by the ratio of the administration budget to the budget of the agency. TOTAL STATE FUNDS $112,867,641 $107,745,435 $108,945,435 State General Funds $112,545,657 $107,423,451 $108,623,451 Tobacco Settlement Funds $321,984 $321,984 $321,984 TOTAL FEDERAL FUNDS $119,764,094 $128,484,094 $124,694,671 Child Care & Development Block Grant CFDA93.575 $29,976 $29,976 $29,976 Community Services Block Grant CFDA93.569 $4,068 $4,068 $4,068 Federal Funds Not Itemized $18,209,971 $18,129,971 $66,205,856 Foster Care Title IV-E CFDA93.658 $3,500,000 $1,200,000 Low-Income Home Energy Assistance CFDA93.568 $346,557 $346,557 $346,557 Medical Assistance Program CFDA93.778 $71,414,375 $71,414,375 $28,654,910 Preventive Health & Health Services Block Grant CFDA93.991 $31,070 $31,070 $31,070 Social Services Block Grant CFDA 93.667 $5,423,648 $5,423,648 $5,423,648 Temporary Assistance for Needy Families $20,804,429 $33,104,429 $22,798,586 Temporary Assistance for Needy Families Block Grant CFDA $20,804,429 $33,104,429 $22,798,586 93.558 TOTAL AGENCY FUNDS $5,872,044 $5,872,044 $9,136,280 Sales and Services $5,872,044 $5,872,044 $9,136,280 Sales and Services Not Itemized $5,872,044 $5,872,044 $9,136,280 TOTAL PUBLIC FUNDS $238,503,779 $242,101,573 $242,776,386 Direct Care and Support Services Continuation Budget The purpose is to provide facility support services and direct patient support therapies. TOTAL STATE FUNDS $94,448,798 $94,448,798 $94,448,798 State General Funds $94,448,798 $94,448,798 $94,448,798 TOTAL FEDERAL FUNDS $6,120,300 $6,120,300 $6,120,300 Federal Funds Not Itemized $6,120,300 $6,120,300 $6,120,300 TOTAL AGENCY FUNDS $42,343,798 $42,343,798 $42,343,798 Sales and Services $42,343,798 $42,343,798 $42,343,798 Sales and Services Not Itemized $42,343,798 $42,343,798 $42,343,798 4120 JOURNAL OF THE HOUSE TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,092,954 $5,092,954 $5,092,954 Agency to Agency Contracts $5,092,954 $5,092,954 $5,092,954 TOTAL PUBLIC FUNDS $148,005,850 $148,005,850 $148,005,850 Statewide Changes 207.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $1,947,332 $1,947,332 $1,947,332 Changes to the Purpose or the Purpose Measure 207.2 SAC: The purpose of this appropriation is to provide facility support services and direct patient support therapies. House: The purpose of this appropriation is to provide facility support services and direct patient support therapies. State General Funds $0 $0 Changes in Operations / Administration 207.3 Rename the program "Direct Care and Support Services" (G,H and S:YES). State General Funds $0 $0 $0 Changes in Where or When the Services are Offered 207.4 Realize savings by consolidating the Craig Nursing Center and the Nursing Home Center. State General Funds ($150,877) ($150,877) ($150,877) One-Time Expense 207.5 Provide community services and forensic placements for consumers at West Central Georgia Regional Hospital through the following strategies: a. Transfer 20 adult mental health beds to Northwest Georgia Regional Hospital (Rome) by October 1, 2006 b. Provide community adult crisis stabilization services by establishing 2 16-bed units by October 1, 2006 c. Transfer 40 forensic beds to Georgia Regional Hospital (Savannah) by June 15, 2007 d. Provide community forensic transition services by establishing a 6-bed community integration home by February 1, 2007 e. Provide court ordered community placement for 35 forensic consumers by June 1, 2007; f. Transfer 35 adult mental health consumers to the community by March 1, 2007; g. Transfer administration of 8 adolescent transition beds to Southwestern State Hospital (Thomasville). State General Funds $1,462,203 $1,462,204 $1,462,204 THURSDAY, MARCH 23, 2006 4121 207. Direct Care and Support Services Appropriation (HB1027) The purpose of this appropriation is to provide facility support services and direct patient support therapies. TOTAL STATE FUNDS $97,707,456 $97,707,457 $97,707,457 State General Funds $97,707,456 $97,707,457 $97,707,457 TOTAL FEDERAL FUNDS $6,120,300 $6,120,300 $6,120,300 Federal Funds Not Itemized $6,120,300 $6,120,300 $6,120,300 TOTAL AGENCY FUNDS $42,343,798 $42,343,798 $42,343,798 Sales and Services $42,343,798 $42,343,798 $42,343,798 Sales and Services Not Itemized $42,343,798 $42,343,798 $42,343,798 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,092,954 $5,092,954 $5,092,954 Agency to Agency Contracts $5,092,954 $5,092,954 $5,092,954 TOTAL PUBLIC FUNDS $151,264,508 $151,264,509 $151,264,509 Elder Abuse Investigations and Prevention Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 208.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $174,801 $174,801 $174,801 Changes to the Purpose or the Purpose Measure 208.2 SAC: The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred. The purpose will be measured by the number of repeat substantiated domestic violence abuse, neglect, or exploitation of elderly Georgians. House: The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred. State General Funds $0 $0 Changes in Operations / Administration 208.3 Transfer funds and activities from "Adult Protective Services", "Elder Abuse and Fraud Prevention" and, "Home and Community Based Services".(H and S:YES). State General Funds $8,171,437 $8,171,437 $8,171,437 Federal Funds Not Itemized $566,695 $566,695 $566,695 Medical Assistance Program CFDA93.778 $4,178,063 $4,178,063 $4,178,063 4122 JOURNAL OF THE HOUSE Social Services Block Grant CFDA 93.667 $2,279,539 $2,279,539 $2,279,539 TOTAL PUBLIC FUNDS $15,195,734 $15,195,734 $15,195,734 Changes in How the Program is Funded 208.4 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $56,575 208. Elder Abuse Investigations and Prevention Appropriation (HB1027) The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred. The purpose will be measured by the number of repeat substantiated domestic violence abuse, neglect, or exploitation of elderly Georgians. TOTAL STATE FUNDS $8,346,238 $8,346,238 $8,346,238 State General Funds $8,346,238 $8,346,238 $8,346,238 TOTAL FEDERAL FUNDS $7,024,297 $7,024,297 $7,080,872 Federal Funds Not Itemized $566,695 $566,695 $623,270 Medical Assistance Program CFDA93.778 $4,178,063 $4,178,063 $4,178,063 Social Services Block Grant CFDA 93.667 $2,279,539 $2,279,539 $2,279,539 TOTAL PUBLIC FUNDS $15,370,535 $15,370,535 $15,427,110 Elder Community Living Services Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 209.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $13,456 Changes to the Purpose or the Purpose Measure 209.6 SAC: The purpose of this appropriation is to provide Georgians who need nursing home level of care the option of remaining in their own communities. House: The purpose of this appropriation is to provide Georgians who need nursing home level of care the option of remaining in their own communities. State General Funds $0 $0 Changes in Operations / Administration 209.2 Recognize efficiencies within the Department of Human Resources through the implementation of an ASO provided by the Department of Community Health. THURSDAY, MARCH 23, 2006 4123 State General Funds ($130,574) ($130,574) 209.3 Transfer funds and activities from "Community Care Services Program" and "Home and Community Based Services". (H and S:YES). State General Funds $65,584,616 $65,584,616 $65,584,616 Tobacco Settlement Funds $5,465,745 $5,465,745 $5,465,745 Federal Funds Not Itemized $19,829,293 $19,829,293 $19,829,293 Medical Assistance Program CFDA93.778 $9,894,353 $9,894,353 $9,894,353 Social Services Block Grant CFDA 93.667 $3,761,430 $3,761,430 $3,761,430 TOTAL PUBLIC FUNDS $104,535,437 $104,535,437 $104,535,437 Changes in How the Program is Funded 209.4 Recognize increase in federal match rate by adjusting state funds. State General Funds ($28,865) ($28,865) ($28,865) Changes in the Size of the Program 209.5 Provide funds for an additional 500 slots for eligible elderly clients which will provide services that will enable them to continue to live at home(H:Add 500 additional slots for a total of 1000 slots)(S:House position). State General Funds $1,446,132 $3,615,330 $3,615,330 Medical Assistance Program CFDA93.778 $279,618 $699,045 $699,045 TOTAL PUBLIC FUNDS $1,725,750 $4,314,375 $4,314,375 209. Elder Community Living Services Appropriation (HB1027) The purpose of this appropriation is to provide Georgians who need nursing home level of care the option of remaining in their own communities. TOTAL STATE FUNDS $72,467,628 $74,506,252 $74,519,708 State General Funds $67,001,883 $69,040,507 $69,053,963 Tobacco Settlement Funds $5,465,745 $5,465,745 $5,465,745 TOTAL FEDERAL FUNDS $33,764,694 $34,184,121 $34,184,121 Federal Funds Not Itemized $19,829,293 $19,829,293 $19,829,293 Medical Assistance Program CFDA93.778 $10,173,971 $10,593,398 $10,593,398 Social Services Block Grant CFDA 93.667 $3,761,430 $3,761,430 $3,761,430 TOTAL PUBLIC FUNDS $106,232,322 $108,690,373 $108,703,829 Elder Support Services Continuation Budget TOTAL STATE FUNDS $0 $0 $0 4124 JOURNAL OF THE HOUSE State General Funds $0 $0 $0 Statewide Changes 210.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $14,551 $14,551 $1,095 Changes to the Purpose or the Purpose Measure 210.2 SAC: The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition, and other support and education services. House: The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition, and other support and education services. State General Funds $0 $0 Changes in Operations / Administration 210.3 Transfer funds and activities from "Health Promotion and Disease Prevention (Wellness)" and "Home and Community Based Services"(H and S:YES). Tobacco Settlement Funds $2,534,647 $2,534,647 $2,534,647 Federal Funds Not Itemized $5,470,220 $5,470,220 $5,470,220 TOTAL PUBLIC FUNDS $8,004,867 $8,004,867 $8,004,867 210.4 Improve customer service by expanding the Division of Aging Services' information, screening, and assistance (Gateway) operation to include service to individuals with developmental disabilities. State General Funds $1,300,000 $0 One-Time Expense 210.5 Provide one-time funding for construction and the expansion of the Ruth Byck Adult Day Care in Savannah, GA. State General Funds $50,000 $50,000 Changes in the Size of the Program 210.6 Provide additional funding for Naturally Occurring Retirement Communities (NORC)(S:$250,000 in base brings total funding to $375,000). State General Funds $125,000 $125,000 210. Elder Support Services Appropriation (HB1027) The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition, and other support and education services. TOTAL STATE FUNDS $2,549,198 $4,024,198 $2,710,742 State General Funds $14,551 $1,489,551 $176,095 THURSDAY, MARCH 23, 2006 4125 Tobacco Settlement Funds $2,534,647 $2,534,647 $2,534,647 TOTAL FEDERAL FUNDS $5,470,220 $5,470,220 $5,470,220 Federal Funds Not Itemized $5,470,220 $5,470,220 $5,470,220 TOTAL PUBLIC FUNDS $8,019,418 $9,494,418 $8,180,962 Eligibility Determination Continuation Budget The purpose is to promote access to health care for low income families, children, and pregnant women. TOTAL STATE FUNDS $25,683,414 $25,683,414 $25,683,414 State General Funds $25,683,414 $25,683,414 $25,683,414 TOTAL FEDERAL FUNDS $22,668,459 $22,668,459 $22,668,459 Medical Assistance Program CFDA93.778 $22,668,459 $22,668,459 $22,668,459 TOTAL AGENCY FUNDS $1,709,341 $1,709,341 $1,709,341 Sales and Services $1,709,341 $1,709,341 $1,709,341 Sales and Services Not Itemized $1,709,341 $1,709,341 $1,709,341 TOTAL PUBLIC FUNDS $50,061,214 $50,061,214 $50,061,214 Statewide Changes 211.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $244,630 Changes to the Purpose or the Purpose Measure 211.2 SAC: The purpose of this appropriation is to promote access to health care for low income families, children, pregnant women and persons who are aged, blind or disabled. The purpose will be measured by the percentage of accurate eligibility decisions made over the standard of promptness due to caseworker or agency delay. House: The purpose of this appropriation is to promote access to health care for low income families, children, pregnant women and persons who are aged, blind or disabled." State General Funds $0 $0 Changes in Operations / Administration 211.3 Transfer funds and activities to create the program "Economic Assistance" (G:YES)(H and S:NO, Rename "Eligibility Determination"). State General Funds $0 $0 $0 211. Eligibility Determination Appropriation (HB1027) The purpose of this appropriation is to promote access to health care for low income families, children, pregnant women and persons who are aged, blind or disabled. The purpose will be measured by the percentage of accurate eligibility 4126 JOURNAL OF THE HOUSE decisions made over the standard of promptness due to caseworker or agency delay. TOTAL STATE FUNDS $25,683,414 $25,683,414 $25,928,044 State General Funds $25,683,414 $25,683,414 $25,928,044 TOTAL FEDERAL FUNDS $22,668,459 $22,668,459 $22,668,459 Medical Assistance Program CFDA93.778 $22,668,459 $22,668,459 $22,668,459 TOTAL AGENCY FUNDS $1,709,341 $1,709,341 $1,709,341 Sales and Services $1,709,341 $1,709,341 $1,709,341 Sales and Services Not Itemized $1,709,341 $1,709,341 $1,709,341 TOTAL PUBLIC FUNDS $50,061,214 $50,061,214 $50,305,844 Emergency Preparedness / Trauma System Improvement Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 212.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $43,204 $43,204 $43,204 Changes to the Purpose or the Purpose Measure 212.2 SAC: The purpose of this appropriation is to prepare for natural disasters, bioterrorism, and other emergencies as well as improving the capacity of the state's trauma system. The purpose will be measured by the percentage of trauma patients cared for at designated trauma centers. House: The purpose of this appropriation is to prepare for natural disasters, bioterrorism, and other emergencies as well as improving the capacity of the state's trauma system. State General Funds $0 $0 Changes in Operations / Administration 212.3 Transfer funds and activities from "Emergency Preparedness/Bioterrorism" and "Regulatory Compliance"(H and S:YES). State General Funds $4,798,557 $4,798,557 $4,798,557 Preventive Health & Health Services Block Grant CFDA93.991 $1,147,504 $1,147,504 $1,147,504 TOTAL PUBLIC FUNDS $5,946,061 $5,946,061 $5,946,061 Changes in How the Program is Funded 212.6 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $30,779,504 THURSDAY, MARCH 23, 2006 4127 TOTAL PUBLIC FUNDS $30,779,504 Changes in the Size of the Program 212.4 Initiate trauma care funding to subsidize designated trauma centers uncompensated care costs for the provision of direct patient care to victims of traumatic injuries. Funding allocation should be pooled based on designations: a.) Level I Centers receiving 55% of initial funding, b.) Level II Centers receiving 38% of initial funding, c.) Pediatric Centers receiving 5% of initial funding, and d.) Level III Centers receiving 2% of initial funding (S:Add one operating room to the total number of Certificate of Need permitted operating rooms for each Level One Trauma Center) State General Funds $0 $4,000,000 $0 212.5 Provide funds to the American Red Cross to recruit, train, and, outfit volunteers. State General Funds $100,000 212. Emergency Preparedness / Trauma System Appropriation (HB1027) The purpose of this appropriation is to prepare for natural disasters, bioterrorism, and other emergencies as well as improving the capacity of the state's trauma system. The purpose will be measured by the percentage of trauma patients cared for at designated trauma centers. TOTAL STATE FUNDS $4,841,761 $8,841,761 $4,941,761 State General Funds $4,841,761 $8,841,761 $4,941,761 TOTAL FEDERAL FUNDS $1,147,504 $1,147,504 $31,927,008 Federal Funds Not Itemized $30,779,504 Preventive Health & Health Services Block Grant CFDA93.991 $1,147,504 $1,147,504 $1,147,504 TOTAL PUBLIC FUNDS $5,989,265 $9,989,265 $36,868,769 Energy Assistance Continuation Budget The purpose is to assist low-income households in meeting their immediate home energy needs. TOTAL STATE FUNDS $747,816 $747,816 $747,816 State General Funds $747,816 $747,816 $747,816 TOTAL FEDERAL FUNDS $18,583,415 $18,583,415 $18,583,415 Low-Income Home Energy Assistance CFDA93.568 $18,583,415 $18,583,415 $18,583,415 TOTAL AGENCY FUNDS $40,269 $40,269 $40,269 Sales and Services $40,269 $40,269 $40,269 Sales and Services Not Itemized $40,269 $40,269 $40,269 TOTAL PUBLIC FUNDS $19,371,500 $19,371,500 $19,371,500 4128 JOURNAL OF THE HOUSE Changes to the Purpose or the Purpose Measure 213.1 SAC: The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. The purpose will be measured by the percentage of those eligible that receive energy assistance. House: The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. State General Funds $0 $0 Changes in Operations / Administration 213.2 Transfer funds and activities to create the program "Economic Assistance" (G:YES)(H and S:NO). State General Funds $0 $0 $0 213. Energy Assistance Appropriation (HB1027) The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. The purpose will be measured by the percentage of those eligible that receive energy assistance. TOTAL STATE FUNDS $747,816 $747,816 $747,816 State General Funds $747,816 $747,816 $747,816 TOTAL FEDERAL FUNDS $18,583,415 $18,583,415 $18,583,415 Low-Income Home Energy Assistance CFDA93.568 $18,583,415 $18,583,415 $18,583,415 TOTAL AGENCY FUNDS $40,269 $40,269 $40,269 Sales and Services $40,269 $40,269 $40,269 Sales and Services Not Itemized $40,269 $40,269 $40,269 TOTAL PUBLIC FUNDS $19,371,500 $19,371,500 $19,371,500 Epidemiology Continuation Budget The purpose is to monitor, investigate, and describe the burden of disease, injury, and other events of public health concern in Georgia. TOTAL STATE FUNDS $4,705,651 $4,705,651 $4,705,651 State General Funds $4,590,014 $4,590,014 $4,590,014 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $372,341 $372,341 $372,341 Federal Funds Not Itemized $15,631 $15,631 $15,631 Medical Assistance Program CFDA93.778 $159,960 $159,960 $159,960 Preventive Health & Health Services Block Grant CFDA93.991 $196,750 $196,750 $196,750 TOTAL PUBLIC FUNDS $5,077,992 $5,077,992 $5,077,992 THURSDAY, MARCH 23, 2006 4129 Statewide Changes 214.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $256,607 $252,962 $112,034 Changes to the Purpose or the Purpose Measure 214.2 SAC: The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. The purpose will be measured by: the number of communicable diseases tracked by the disease surveillance system; and the number of agencies, organizations, and other entities reporting disease information to the state. House: The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. State General Funds $0 $0 Changes in Operations / Administration 214.3 Transfer funds and activities to create the program "Health Information & Assessment" (G:YES)(H and S:Transfer funds and activities from "Laboratory Services"). State General Funds $348,639 $348,639 $348,639 Changes in How the Program is Funded 214.4 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $2,155,718 TOTAL PUBLIC FUNDS $2,155,718 214. Epidemiology Appropriation (HB1027) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. The purpose will be measured by: the number of communicable diseases tracked by the disease surveillance system; and the number of agencies, organizations, and other entities reporting disease information to the state. TOTAL STATE FUNDS $5,310,897 $5,307,252 $5,166,324 State General Funds $5,195,260 $5,191,615 $5,050,687 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $372,341 $372,341 $2,528,059 Federal Funds Not Itemized $15,631 $15,631 $2,171,349 Medical Assistance Program CFDA93.778 $159,960 $159,960 $159,960 Preventive Health & Health Services Block Grant CFDA93.991 $196,750 $196,750 $196,750 4130 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $5,683,238 $5,679,593 $7,694,383 Facility and Provider Regulation Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 215.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $76,584 $76,584 $76,584 Changes to the Purpose or the Purpose Measure 215.2 SAC: The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, long term care and health care facilities. House: The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, long term care and health care facilities. State General Funds $0 $0 Changes in Operations / Administration 215.3 Reduce administrative expenses(S:No contracts are to be reduced). State General Funds ($79,589) ($79,589) ($79,589) 215.4 Transfer funds and activities from "Regulatory Compliance"(H and S:YES). State General Funds $6,752,292 $6,752,292 $6,752,292 CCDF Mandatory & Matching Funds CFDA93.596 $780 $780 $780 Federal Funds Not Itemized $6,533,524 $6,533,524 $6,533,524 TOTAL PUBLIC FUNDS $13,286,596 $13,286,596 $13,286,596 Changes in the Size of the Program 215.5 Provide funds to increase inspection of licensed residential child caring facilities. State General Funds $534,716 $534,716 $534,716 215. Facility and Provider Regulation Appropriation (HB1027) The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, long term care and health care facilities. TOTAL STATE FUNDS $7,284,003 $7,284,003 $7,284,003 State General Funds $7,284,003 $7,284,003 $7,284,003 TOTAL FEDERAL FUNDS $6,534,304 $6,534,304 $6,534,304 CCDF Mandatory & Matching Funds CFDA93.596 $780 $780 $780 THURSDAY, MARCH 23, 2006 4131 Federal Funds Not Itemized $6,533,524 $6,533,524 $6,533,524 TOTAL PUBLIC FUNDS $13,818,307 $13,818,307 $13,818,307 Family Connection Continuation Budget The purpose is to provide a statewide network of county collaboratives that work to improve conditions for children and families. TOTAL STATE FUNDS $9,130,281 $9,130,281 $9,130,281 State General Funds $9,130,281 $9,130,281 $9,130,281 TOTAL FEDERAL FUNDS $1,475,000 $1,475,000 $1,475,000 Medical Assistance Program CFDA93.778 $275,000 $275,000 $275,000 Temporary Assistance for Needy Families $1,200,000 $1,200,000 $1,200,000 Temporary Assistance for Needy Families Block Grant CFDA $1,200,000 $1,200,000 $1,200,000 93.558 TOTAL PUBLIC FUNDS $10,605,281 $10,605,281 $10,605,281 Statewide Changes 216.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $7,291 $7,291 $7,291 Changes in the Size of the Program 216.2 Provide evaluation and technical assistance funding for Family Connections. State General Funds $250,000 $100,000 216. Family Connection Appropriation (HB1027) The purpose of this appropriation is to provide a statewide network of county collaboratives that work to improve conditions for children and families. TOTAL STATE FUNDS $9,137,572 $9,387,572 $9,237,572 State General Funds $9,137,572 $9,387,572 $9,237,572 TOTAL FEDERAL FUNDS $1,475,000 $1,475,000 $1,475,000 Medical Assistance Program CFDA93.778 $275,000 $275,000 $275,000 Temporary Assistance for Needy Families $1,200,000 $1,200,000 $1,200,000 Temporary Assistance for Needy Families Block Grant CFDA $1,200,000 $1,200,000 $1,200,000 93.558 TOTAL PUBLIC FUNDS $10,612,572 $10,862,572 $10,712,572 4132 JOURNAL OF THE HOUSE Family Violence Services Continuation Budget The purpose is to provide safe shelter and related services for victims of family violence and their dependents. TOTAL STATE FUNDS $4,701,950 $4,701,950 $4,701,950 State General Funds $4,701,950 $4,701,950 $4,701,950 TOTAL FEDERAL FUNDS $3,845,813 $3,845,813 $3,845,813 Federal Funds Not Itemized $122 $122 $122 Foster Care Title IV-E CFDA93.658 $280,447 $280,447 $280,447 Temporary Assistance for Needy Families $3,565,244 $3,565,244 $3,565,244 Temporary Assistance for Needy Families Block Grant CFDA $3,565,244 $3,565,244 $3,565,244 93.558 TOTAL AGENCY FUNDS $3,617 $3,617 $3,617 Sales and Services $3,617 $3,617 $3,617 Sales and Services Not Itemized $3,617 $3,617 $3,617 TOTAL PUBLIC FUNDS $8,551,380 $8,551,380 $8,551,380 Statewide Changes 217.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $1,389 $1,389 $1,389 Changes to the Purpose or the Purpose Measure 217.2 SAC: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence. The purpose will be measured by the number of adults denied shelter due to lack of space. House: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence. State General Funds $0 $0 Changes in Operations / Administration 217.3 Increase funding to bring up the base budget to SFY 2005 cost levels(S:This addition enables the department to fully fund General Assembly initiatives from the SFY2006 budget). Temporary Assistance for Needy Families Block Grant CFDA 93.558 $1,500,000 $1,500,000 217.6 Transfer base budget funding of Child Advocacy Centers to Children's Trust Fund Commission. State General Funds ($300,000) Changes in Where or When the Services are Offered 217.5 Redirect $500,000 in TANF funds used for prevention of unnecessary placement activities to direct contracts with THURSDAY, MARCH 23, 2006 4133 family violence shelters to provide early intervention services for families at risk of domestic violence. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $0 Changes in the Size of the Program 217.4 Create 3 new rape crisis centers in the areas of most need in the northern, southern, and eastern regions of the state. State General Funds $225,000 $225,000 217.7 Provide funding for the Sexual Assault Center of the Northwest. State General Funds $25,000 217. Family Violence Services Appropriation (HB1027) The purpose of this appropriation is to provide safe shelter and related services for victims of family violence. The purpose will be measured by the number of adults denied shelter due to lack of space. TOTAL STATE FUNDS $4,703,339 $4,928,339 $4,653,339 State General Funds $4,703,339 $4,928,339 $4,653,339 TOTAL FEDERAL FUNDS $3,845,813 $5,345,813 $5,345,813 Federal Funds Not Itemized $122 $122 $122 Foster Care Title IV-E CFDA93.658 $280,447 $280,447 $280,447 Temporary Assistance for Needy Families $3,565,244 $5,065,244 $5,065,244 Temporary Assistance for Needy Families Block Grant CFDA $3,565,244 $5,065,244 $5,065,244 93.558 TOTAL AGENCY FUNDS $3,617 $3,617 $3,617 Sales and Services $3,617 $3,617 $3,617 Sales and Services Not Itemized $3,617 $3,617 $3,617 TOTAL PUBLIC FUNDS $8,552,769 $10,277,769 $10,002,769 Federal Unobligated Balances Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Changes to the Purpose or the Purpose Measure 218.1 SAC: The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided. House: The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided. 4134 JOURNAL OF THE HOUSE State General Funds $0 $0 Changes in How the Program is Funded 218.2 Reflect unobligated balances as of September 30, 2006. State General Funds $0 Federal Funds Not Itemized $89,390,427 $89,390,427 Temporary Assistance for Needy Families Unobligated Balance $146,790,241 $146,790,241 TOTAL PUBLIC FUNDS $236,180,668 $236,180,668 218.3 Reduce funds to account for expenditures in SFY2006. Federal Funds Not Itemized ($34,650,000) ($34,650,000) Temporary Assistance for Needy Families Unobligated Balance ($5,995,371) ($5,995,371) TOTAL PUBLIC FUNDS ($40,645,371) ($40,645,371) 218.4 Transfer funds to cover SFY2007 expenditures. Federal Funds Not Itemized ($4,448,824) ($34,148,824) Temporary Assistance for Needy Families Unobligated Balance ($97,459,533) ($29,437,964) TOTAL PUBLIC FUNDS ($101,908,357) ($63,586,788) 218. Federal Unobligated Balances Appropriation (HB1027) The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided. TOTAL FEDERAL FUNDS $93,626,940 $131,948,509 Federal Funds Not Itemized $50,291,603 $20,591,603 Temporary Assistance for Needy Families Unobligated Balance $43,335,337 $111,356,906 TOTAL PUBLIC FUNDS $93,626,940 $131,948,509 Food Stamp Eligibility and Benefits Continuation Budget The purpose is to promote the nutritional well being of Georgia's low-income families and children. TOTAL STATE FUNDS $23,551,409 $23,551,409 $23,551,409 State General Funds $23,551,409 $23,551,409 $23,551,409 TOTAL FEDERAL FUNDS $27,568,389 $27,568,389 $27,568,389 Federal Funds Not Itemized $25,663,448 $25,663,448 $25,663,448 Foster Care Title IV-E CFDA93.658 $1,904,941 $1,904,941 $1,904,941 TOTAL AGENCY FUNDS $2,125,153 $2,125,153 $2,125,153 Sales and Services $2,125,153 $2,125,153 $2,125,153 Sales and Services Not Itemized $2,125,153 $2,125,153 $2,125,153 THURSDAY, MARCH 23, 2006 4135 TOTAL PUBLIC FUNDS $53,244,951 $53,244,951 $53,244,951 Statewide Changes 219.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $387,317 Changes to the Purpose or the Purpose Measure 219.2 SAC: The purpose of this appropriation is to promote the nutritional well being of Georgia's low-income families and children by providing assistance in purchasing groceries. The purpose will be measured by the percent of those eligible who receive food stamps. State General Funds $0 $0 Changes in Operations / Administration 219.3 Transfer funds and activities to create the program "Economic Assistance" (G:YES).(H and S:NO, Change name to Food Stamps Eligibility and Benefits"). State General Funds $0 $0 $0 219. Food Stamp Eligibility and Benefits Appropriation (HB1027) The purpose of this appropriation is to promote the nutritional well being of Georgia's low-income families and children by providing assistance in purchasing groceries. The purpose will be measured by the percent of those eligible who receive food stamps. TOTAL STATE FUNDS $23,551,409 $23,551,409 $23,938,726 State General Funds $23,551,409 $23,551,409 $23,938,726 TOTAL FEDERAL FUNDS $27,568,389 $27,568,389 $27,568,389 Federal Funds Not Itemized $25,663,448 $25,663,448 $25,663,448 Foster Care Title IV-E CFDA93.658 $1,904,941 $1,904,941 $1,904,941 TOTAL AGENCY FUNDS $2,125,153 $2,125,153 $2,125,153 Sales and Services $2,125,153 $2,125,153 $2,125,153 Sales and Services Not Itemized $2,125,153 $2,125,153 $2,125,153 TOTAL PUBLIC FUNDS $53,244,951 $53,244,951 $53,632,268 Immunization Continuation Budget The purpose is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $9,022,926 $9,022,926 $9,022,926 State General Funds $9,022,926 $9,022,926 $9,022,926 TOTAL FEDERAL FUNDS $8,769,874 $8,769,874 $8,769,874 4136 JOURNAL OF THE HOUSE Federal Funds Not Itemized $1,303,416 $1,303,416 $1,303,416 Maternal & Child Health Services Block Grant CFDA93.994 $6,762,746 $6,762,746 $6,762,746 Preventive Health & Health Services Block Grant CFDA93.991 $703,712 $703,712 $703,712 TOTAL PUBLIC FUNDS $17,792,800 $17,792,800 $17,792,800 Statewide Changes 220.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $436,170 $190,178 Changes to the Purpose or the Purpose Measure 220.2 SAC: The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. The purpose will be measured by: the percentage of children 19-35 months of age who are immunized; and by the percentage of people deemed as a priority group by the Centers for Disease Control and Prevention that receive an influenza vaccination. House: The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. State General Funds $0 $0 Changes in Operations / Administration 220.3 Transfer funds and activities to create the program "Infectious Disease Control" (G:YES)(H and S:NO). State General Funds $0 $0 $0 Changes in How the Program is Funded 220.4 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $3,122,161 220. Immunization Appropriation (HB1027) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. The purpose will be measured by: the percentage of children 19-35 months of age who are immunized; and by the percentage of people deemed as a priority group by the Centers for Disease Control and Prevention that receive an influenza vaccination. TOTAL STATE FUNDS $9,022,926 $9,459,096 $9,213,104 State General Funds $9,022,926 $9,459,096 $9,213,104 TOTAL FEDERAL FUNDS $8,769,874 $8,769,874 $11,892,035 Federal Funds Not Itemized $1,303,416 $1,303,416 $4,425,577 Maternal & Child Health Services Block Grant CFDA93.994 $6,762,746 $6,762,746 $6,762,746 THURSDAY, MARCH 23, 2006 4137 Preventive Health & Health Services Block Grant CFDA93.991 $703,712 $703,712 $703,712 TOTAL PUBLIC FUNDS $17,792,800 $18,228,970 $21,105,139 Infant and Child Essential Health Treatment Services Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 221.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $464,892 Changes to the Purpose or the Purpose Measure 221.5 SAC: The purpose of this appropriation is to avoid unnecessary health problems in later life by providing comprehensive health services to infants and children. State General Funds $0 Changes in Operations / Administration 221.3 Transfer funds and activities from "Children with Special Needs", "High Risk Pregnant Women and Infants", "Infant and Child Health Services" and, Women's Health Services (H and S:YES). State General Funds $32,846,767 $32,846,767 $32,846,767 Federal Funds Not Itemized $2,898,648 $2,898,648 $2,898,648 Maternal & Child Health Services Block Grant CFDA93.994 $7,960,921 $7,960,921 $7,960,921 Medical Assistance Program CFDA93.778 $354,740 $354,740 $354,740 Preventive Health & Health Services Block Grant CFDA93.991 $267,355 $267,355 $267,355 TOTAL PUBLIC FUNDS $44,328,431 $44,328,431 $44,328,431 Changes in How the Program is Funded 221.4 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $637,019 Changes in the Size of the Program 221.2 Add supplemental Public Health Grant-In-Aid funding to the 14 lowest per capita funded counties based on population. State General Funds $0 $100,000 $0 221. Infant and Child Essential Health Treatment Services Appropriation (HB1027) The purpose of this appropriation is to avoid unnecessary health problems in later life by providing comprehensive health services to infants and children. 4138 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $32,846,767 $32,946,767 $33,311,659 State General Funds $32,846,767 $32,946,767 $33,311,659 TOTAL FEDERAL FUNDS $11,481,664 $11,481,664 $12,118,683 Federal Funds Not Itemized $2,898,648 $2,898,648 $3,535,667 Maternal & Child Health Services Block Grant CFDA93.994 $7,960,921 $7,960,921 $7,960,921 Medical Assistance Program CFDA93.778 $354,740 $354,740 $354,740 Preventive Health & Health Services Block Grant CFDA93.991 $267,355 $267,355 $267,355 TOTAL PUBLIC FUNDS $44,328,431 $44,428,431 $45,430,342 Infant and Child Health Promotion Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 222.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $145,435 $199,729 Changes to the Purpose or the Purpose Measure 222.10 SAC: The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. The purpose will be measured by: the percentage of children under 18 years old, who are obese (BMI equal to or greater than 27.8); and by the percent of eligible families that receive WIC Services. House: The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. State General Funds $0 $0 Changes in Operations / Administration 222.2 Transfer funds and activities from "Chronic Disease Reduction-Health Promotion", "High Risk Pregnant Women and Infants", "Infant and Child Health Services", and "Women, Infants and Children"(H and S:YES). State General Funds $12,156,652 $12,156,652 $12,156,652 Tobacco Settlement Funds $3,340,644 $3,340,644 $3,340,644 Federal Funds Not Itemized $85,233,807 $85,233,807 $85,233,807 Maternal & Child Health Services Block Grant CFDA93.994 $1,258,688 $1,258,688 $1,258,688 Medical Assistance Program CFDA93.778 $5,383,258 $5,383,258 $5,383,258 Preventive Health & Health Services Block Grant CFDA93.991 $156,221 $156,221 $156,221 TOTAL PUBLIC FUNDS $107,529,270 $107,529,270 $107,529,270 THURSDAY, MARCH 23, 2006 4139 Changes in How the Program is Funded 222.3 Replace tobacco funds with state general funds. State General Funds $2,000,000 $2,000,000 $2,000,000 Tobacco Settlement Funds ($2,000,000) ($2,000,000) ($2,000,000) TOTAL PUBLIC FUNDS $0 $0 $0 222.4 Replace tobacco funds with state general funds. State General Funds $1,340,644 $1,340,644 $1,340,644 Tobacco Settlement Funds ($1,340,644) ($1,340,644) ($1,340,644) TOTAL PUBLIC FUNDS $0 $0 $0 222.11 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $147,496,262 Changes in What Services are Offered 222.5 Increase the number of newborn screening tests currently performed from 13 to 29 to improve health and developmental outcomes for children. Reflect a $40 fee increase and reduce state funding. State General Funds ($2,281,919) ($2,281,919) ($2,281,919) Tobacco Settlement Funds $0 $0 $0 Medical Assistance Program CFDA93.778 $0 $0 $0 Sales and Services Not Itemized $2,281,919 $2,281,919 $2,281,919 TOTAL PUBLIC FUNDS $0 $0 $0 Changes in the Size of the Program 222.6 Reduce contracts. State General Funds ($125,000) ($125,000) ($125,000) 222.7 Provide additional funding for prenatal care through the Babies Born Healthy program. State General Funds $500,000 $500,000 222.8 Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta, Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on population. State General Funds $100,000 $0 222.9 Provide funding to the Rally Foundation for childhood cancer awareness activities. State General Funds $20,000 4140 JOURNAL OF THE HOUSE 222. Infant and Child Health Promotion Appropriation (HB1027) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. The purpose will be measured by: the percentage of children under 18 years old, who are obese (BMI equal to or greater than 27.8); and by the percent of eligible families that receive WIC Services. TOTAL STATE FUNDS $13,090,377 $13,835,812 $13,810,106 State General Funds $13,090,377 $13,835,812 $13,810,106 TOTAL FEDERAL FUNDS $92,031,974 $92,031,974 $239,528,236 Federal Funds Not Itemized $85,233,807 $85,233,807 $232,730,069 Maternal & Child Health Services Block Grant CFDA93.994 $1,258,688 $1,258,688 $1,258,688 Medical Assistance Program CFDA93.778 $5,383,258 $5,383,258 $5,383,258 Preventive Health & Health Services Block Grant CFDA93.991 $156,221 $156,221 $156,221 TOTAL AGENCY FUNDS $2,281,919 $2,281,919 $2,281,919 Sales and Services $2,281,919 $2,281,919 $2,281,919 Sales and Services Not Itemized $2,281,919 $2,281,919 $2,281,919 TOTAL PUBLIC FUNDS $107,404,270 $108,149,705 $255,620,261 Infectious Disease Control Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 223.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $800,867 Changes to the Purpose or the Purpose Measure 223.7 SAC: The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. The purpose will be measured by: the rate per 100,000 of those infected with gonorrhea, syphilis, Chlamydia, HIV or tuberculosis; the percentage of those eligible who receive AIDS Drug Assistance Program services; and the percentage of tuberculosis patients who complete treatment within 12 months. House: The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. State General Funds $0 $0 THURSDAY, MARCH 23, 2006 4141 Changes in Operations / Administration 223.2 Transfer funds and activities from "HIV/AIDS", "Laboratory Services", "Sexually Transmitted Diseases Treatment and Control", and "Tuberculosis Treatment and Control"(H and S:YES). State General Funds $33,034,021 $33,034,021 $33,034,021 Tobacco Settlement Funds $1,226,667 $1,226,667 $1,226,667 Federal Funds Not Itemized $10,705,829 $10,705,829 $10,705,829 Maternal & Child Health Services Block Grant CFDA93.994 $83,866 $83,866 $83,866 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $45,200,383 $45,200,383 $45,200,383 Changes in How the Program is Funded 223.3 Replace tobacco funds with state general funds. State General Funds $1,226,667 $1,226,667 $1,226,667 Tobacco Settlement Funds ($1,226,667) ($1,226,667) ($1,226,667) TOTAL PUBLIC FUNDS $0 $0 $0 223.6 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $32,765,285 TOTAL PUBLIC FUNDS $32,765,285 Changes in the Size of the Program 223.4 Provide funding for Hepatitis C testing within the Department of Public Health. State General Funds $104,297 $0 223.5 Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta, Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on population. State General Funds $100,000 $0 223. Infectious Disease Control Appropriation (HB1027) The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. The purpose will be measured by: the rate per 100,000 of those infected with gonorrhea, syphilis, Chlamydia, HIV or tuberculosis; the percentage of those eligible who receive AIDS Drug Assistance Program services; and the percentage of tuberculosis patients who complete treatment within 12 months. TOTAL STATE FUNDS $34,260,688 $34,464,985 $35,061,555 State General Funds $34,260,688 $34,464,985 $35,061,555 TOTAL FEDERAL FUNDS $10,789,695 $10,789,695 $43,554,980 4142 JOURNAL OF THE HOUSE Federal Funds Not Itemized $10,705,829 $10,705,829 $43,471,114 Maternal & Child Health Services Block Grant CFDA93.994 $83,866 $83,866 $83,866 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $45,200,383 $45,404,680 $78,766,535 Injury Prevention Continuation Budget 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 STATE FUNDS $277,393 $277,393 $277,393 State General Funds $277,393 $277,393 $277,393 TOTAL FEDERAL FUNDS $112,005 $112,005 $112,005 Preventive Health & Health Services Block Grant CFDA93.991 $112,005 $112,005 $112,005 TOTAL PUBLIC FUNDS $389,398 $389,398 $389,398 Changes to the Purpose or the Purpose Measure 224.1 SAC: The purpose of this appropriation is to provide education and services to prevent injuries due to suicide, fires, automobile accidents, violence against women, shaken babies, and child accidents. The purpose will be measured by: the rate of suicides per 100,000; and by the annual number of deaths caused by motor vehicle accidents. House: The purpose of this appropriation is to provide education and services to prevent injuries due to suicide, fires, automobile accidents, violence against women, shaken babies, and child accidents. State General Funds $0 $0 Changes in Operations / Administration 224.2 Transfer funds and activities to create the program "Chronic Disease Prevention & Health Promotion" (G:YES)(H and S:NO). State General Funds $0 $0 $0 Changes in How the Program is Funded 224.4 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $951,734 TOTAL PUBLIC FUNDS $951,734 Changes in the Size of the Program 224.3 Increase funding for suicide prevention activities. THURSDAY, MARCH 23, 2006 4143 State General Funds $150,000 $150,000 224. Injury Prevention Appropriation (HB1027) The purpose of this appropriation is to provide education and services to prevent injuries due to suicide, fires, automobile accidents, violence against women, shaken babies, and child accidents. The purpose will be measured by: the rate of suicides per 100,000; and by the annual number of deaths caused by motor vehicle accidents. TOTAL STATE FUNDS $277,393 $427,393 $427,393 State General Funds $277,393 $427,393 $427,393 TOTAL FEDERAL FUNDS $112,005 $112,005 $1,063,739 Federal Funds Not Itemized $951,734 Preventive Health & Health Services Block Grant CFDA93.991 $112,005 $112,005 $112,005 TOTAL PUBLIC FUNDS $389,398 $539,398 $1,491,132 Inspections and Environmental Hazard Control Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 225.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $122,362 $122,362 $122,362 Changes to the Purpose or the Purpose Measure 225.2 SAC: The purpose of this appropriation is to detect and prevent environmental hazards as well as providing inspection and enforcement of health regulations for food service establishments, sewage management facilities, swimming pools. House: The purpose of this appropriation is to detect and prevent environmental hazards as well as providing inspection and enforcement of health regulations for food service establishments, sewage management facilities, swimming pools. State General Funds $0 $0 Changes in Operations / Administration 225.3 Transfer funds and activities from "Laboratory Services" and "Regulatory Compliance"(H and S:YES). State General Funds $14,289,821 $14,289,821 $14,289,821 Maternal & Child Health Services Block Grant CFDA93.994 $194,703 $194,703 $194,703 Medical Assistance Program CFDA93.778 $12,257 $12,257 $12,257 Preventive Health & Health Services Block Grant CFDA93.991 $336,772 $336,772 $336,772 4144 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $14,833,553 $14,833,553 $14,833,553 225. Inspections and Environmental Hazard Control Appropriation (HB1027) The purpose of this appropriation is to detect and prevent environmental hazards as well as providing inspection and enforcement of health regulations for food service establishments, sewage management facilities, swimming pools. TOTAL STATE FUNDS $14,412,183 $14,412,183 $14,412,183 State General Funds $14,412,183 $14,412,183 $14,412,183 TOTAL FEDERAL FUNDS $543,732 $543,732 $543,732 Maternal & Child Health Services Block Grant CFDA93.994 $194,703 $194,703 $194,703 Medical Assistance Program CFDA93.778 $12,257 $12,257 $12,257 Preventive Health & Health Services Block Grant CFDA93.991 $336,772 $336,772 $336,772 TOTAL PUBLIC FUNDS $14,955,915 $14,955,915 $14,955,915 Out of Home Care Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 226.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $313,862 $313,862 $313,862 Changes to the Purpose or the Purpose Measure 226.2 SAC: The purpose of this appropriation is to provide safe and appropriate temporary homes for children removed from their families due to neglect, abuse, or abandonment. The purpose will be measured statewide by: the annual percentage of children in foster care who are the victim of substantiated maltreatment while in foster care; by the percentage of children in care that have two or fewer moves during the prior twelve months in custody; and by the percentage of children that have any unmet medical, dental, mental health, education or other service needs, according to the service needs documented in the child's most recent case plan. House: The purpose of this appropriation is to provide safe and appropriate temporary homes for children removed from their families due to neglect, abuse, or abandonment. State General Funds $0 $0 Changes in Operations / Administration 226.3 Transfer funds and activities from "Out of Home Care(HB85)" and "Independent and Transitional Living Skills"(H and S:YES). State General Funds $148,950,713 $148,950,713 $148,950,713 THURSDAY, MARCH 23, 2006 4145 Federal Funds Not Itemized $6,155,013 $6,155,013 $6,155,013 Foster Care Title IV-E CFDA93.658 $25,737,023 $25,737,023 $25,737,023 Medical Assistance Program CFDA93.778 $33,493,500 $33,493,500 $33,493,500 Social Services Block Grant CFDA 93.667 $3,600,000 $3,600,000 $3,600,000 Temporary Assistance for Needy Families Block Grant CFDA 93.558 $52,892,799 $52,892,799 $52,892,799 Sales and Services Not Itemized $33,086,084 $33,086,084 $33,086,084 TOTAL PUBLIC FUNDS $303,915,132 $303,915,132 $303,915,132 One-Time Expense 226.9 Provide funding for SB 420 that sets up subsidies for grandparents under 200% of the federal poverty level taking care grandchildren. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $1,300,000 226.10 Reflect $4,957,827 in surplus funding being applied to offset the Level of Care Deficit. State General Funds $0 Changes in How the Program is Funded 226.4 Recognize increase in federal match rate by adjusting state funds. State General Funds ($1,076,904) ($1,076,904) ($1,076,904) 226.11 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $10,000,000 Changes in the Size of the Program 226.5 Increase the relative care subsidy rate to increase the number of children placed with relatives. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $7,450,000 $7,450,000 $7,450,000 226.6 Provide funds for an additional $100 per month per child to foster parents caring for sibling groups of 3 or more children. State General Funds $0 $0 $0 Foster Care Title IV-E CFDA93.658 $0 $0 $0 Temporary Assistance for Needy Families Block Grant CFDA 93.558 $1,098,000 $1,098,000 $1,098,000 TOTAL PUBLIC FUNDS $1,098,000 $1,098,000 $1,098,000 226.7 Increase family foster care per diem rates by 3.2%, consistent with the Consumer Price Index (CPI) increase. State General Funds $768,199 $768,199 $768,199 Foster Care Title IV-E CFDA93.658 $813,711 $813,711 $813,711 TOTAL PUBLIC FUNDS $1,581,910 $1,581,910 $1,581,910 4146 JOURNAL OF THE HOUSE 226.8 Reduce funding for initial foster care services. Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($800,000) ($800,000) 226. Out of Home Care Appropriation (HB1027) The purpose of this appropriation is to provide safe and appropriate temporary homes for children removed from their families due to neglect, abuse, or abandonment. The purpose will be measured statewide by: the annual percentage of children in foster care who are the victim of substantiated maltreatment while in foster care; by the percentage of children in care that have two or fewer moves during the prior twelve months in custody; and by the percentage of children that have any unmet medical, dental, mental health, education or other service needs, according to the service needs documented in the child's most recent case plan. TOTAL STATE FUNDS $148,955,870 $148,955,870 $148,955,870 State General Funds $148,955,870 $148,955,870 $148,955,870 TOTAL FEDERAL FUNDS $131,240,046 $130,440,046 $141,740,046 Federal Funds Not Itemized $6,155,013 $6,155,013 $16,155,013 Foster Care Title IV-E CFDA93.658 $26,550,734 $26,550,734 $26,550,734 Medical Assistance Program CFDA93.778 $33,493,500 $33,493,500 $33,493,500 Social Services Block Grant CFDA 93.667 $3,600,000 $3,600,000 $3,600,000 Temporary Assistance for Needy Families $61,440,799 $60,640,799 $61,940,799 Temporary Assistance for Needy Families Block Grant CFDA $61,440,799 $60,640,799 $61,940,799 93.558 TOTAL AGENCY FUNDS $33,086,084 $33,086,084 $33,086,084 Sales and Services $33,086,084 $33,086,084 $33,086,084 Sales and Services Not Itemized $33,086,084 $33,086,084 $33,086,084 TOTAL PUBLIC FUNDS $313,282,000 $312,482,000 $323,782,000 Refugee Assistance Continuation Budget The purpose is to help refugees establish a new life that is founded on the dignity of economic self-support. TOTAL STATE FUNDS $515,660 $515,660 $515,660 State General Funds $515,660 $515,660 $515,660 TOTAL FEDERAL FUNDS $3,103,467 $3,103,467 $3,103,467 Federal Funds Not Itemized $3,103,467 $3,103,467 $3,103,467 TOTAL AGENCY FUNDS $80,538 $80,538 $80,538 Sales and Services $80,538 $80,538 $80,538 THURSDAY, MARCH 23, 2006 4147 Sales and Services Not Itemized $80,538 $80,538 $80,538 TOTAL PUBLIC FUNDS $3,699,665 $3,699,665 $3,699,665 Changes to the Purpose or the Purpose Measure 227.1 SAC: The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. The purpose will be measured by the percentage of those eligible that receive refugee resettlement services. House: The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. State General Funds $0 $0 Changes in Operations / Administration 227.2 Transfer funds and activities to create the program "Economic Assistance" (G:YES)(H and S:NO, Rename "Refugee Assistance"). State General Funds $0 $0 $0 227. Refugee Assistance Appropriation (HB1027) The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. The purpose will be measured by the percentage of those eligible that receive refugee resettlement services. TOTAL STATE FUNDS $515,660 $515,660 $515,660 State General Funds $515,660 $515,660 $515,660 TOTAL FEDERAL FUNDS $3,103,467 $3,103,467 $3,103,467 Federal Funds Not Itemized $3,103,467 $3,103,467 $3,103,467 TOTAL AGENCY FUNDS $80,538 $80,538 $80,538 Sales and Services $80,538 $80,538 $80,538 Sales and Services Not Itemized $80,538 $80,538 $80,538 TOTAL PUBLIC FUNDS $3,699,665 $3,699,665 $3,699,665 Substance Abuse Prevention Continuation Budget 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 STATE FUNDS $669,605 $669,605 $669,605 State General Funds $669,605 $669,605 $669,605 TOTAL FEDERAL FUNDS $10,512,485 $10,512,485 $10,512,485 Federal Funds Not Itemized $320,397 $320,397 $320,397 4148 JOURNAL OF THE HOUSE Prevention & Treatment of Substance Abuse Block Grant $10,192,088 $10,192,088 $10,192,088 CFDA93.959 TOTAL PUBLIC FUNDS $11,182,090 $11,182,090 $11,182,090 Statewide Changes 228.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $89,086 $89,086 $89,086 Changes to the Purpose or the Purpose Measure 228.2 SAC: The purpose of this appropriation is to promote the health and well-being of children, youth, families and communities through preventing the use and/or abuse of alcohol, tobacco and drugs. The purpose will be measured by the rate of substance abuse among Georgians. State General Funds $0 $0 Changes in Operations / Administration 228.3 Change the name of the program from "Substance Abuse Prevention" to "Prevention" (G:YES)(H and S:NO). State General Funds $0 $0 $0 Changes in How the Program is Funded 228.4 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $675,084 TOTAL PUBLIC FUNDS $675,084 228. Substance Abuse Prevention Appropriation (HB1027) The purpose of this appropriation is to promote the health and well-being of children, youth, families and communities through preventing the use and/or abuse of alcohol, tobacco and drugs. The purpose will be measured by the rate of substance abuse among Georgians. TOTAL STATE FUNDS $758,691 $758,691 $758,691 State General Funds $758,691 $758,691 $758,691 TOTAL FEDERAL FUNDS $10,512,485 $10,512,485 $11,187,569 Federal Funds Not Itemized $320,397 $320,397 $995,481 Prevention & Treatment of Substance Abuse Block Grant $10,192,088 $10,192,088 $10,192,088 CFDA93.959 TOTAL PUBLIC FUNDS $11,271,176 $11,271,176 $11,946,260 Support for Needy Families - Basic Assistance Continuation Budget The purpose is to supply block grants for temporary assistance for needy families. THURSDAY, MARCH 23, 2006 4149 TOTAL STATE FUNDS $14,400,000 $14,400,000 $14,400,000 State General Funds $14,400,000 $14,400,000 $14,400,000 TOTAL FEDERAL FUNDS $94,788,339 $94,788,339 $94,788,339 Temporary Assistance for Needy Families $74,788,339 $74,788,339 $74,788,339 Temporary Assistance for Needy Families Block Grant CFDA $74,788,339 $74,788,339 $74,788,339 93.558 Temporary Assistance for Needy Families Unobligated Balance $20,000,000 $20,000,000 $20,000,000 TOTAL AGENCY FUNDS $20,000,000 $20,000,000 $20,000,000 Contributions, Donations, and Forfeitures $20,000,000 $20,000,000 $20,000,000 TANF Maintenance-of-Effort from External Sources $20,000,000 $20,000,000 $20,000,000 TOTAL PUBLIC FUNDS $129,188,339 $129,188,339 $129,188,339 Changes in Who is Served by the Program 229.1 Add additional funds to serve clients with wage disregard(S:See item 231.1). Temporary Assistance for Needy Families Block Grant CFDA 93.558 $15,100,000 $0 Changes to the Purpose or the Purpose Measure 229.2 SAC: The purpose of this appropriation is to provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance for Needy Families program. House: The purpose of this appropriation is to provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance for Needy Families program. State General Funds $0 $0 Changes in Operations / Administration 229.3 Transfer funds and activities to create the program "Economic Assistance" (G:YES)(H and S:NO). State General Funds $0 $0 $0 Changes in How the Program is Funded 229.4 Refinance program TANF block grant funds with Unobligated Balance funds (that can only be spent on activities that meet the federal definition of "assistance") to compensate for increased TANF expenditures. Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($27,659,533) ($72,388,339) ($9,437,964) Temporary Assistance for Needy Families Unobligated Balance $27,659,533 $72,388,339 $9,437,964 TOTAL PUBLIC FUNDS $0 $0 $0 229.6 Transfer Maintenance of Effort money to the After School Care program. TANF Maintenance-of-Effort from External Sources ($20,000,000) 4150 JOURNAL OF THE HOUSE Changes in the Size of the Program 229.5 Reduce funding to Cash Assistance based on declining caseloads. Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($17,500,000) ($17,500,000) 229. Support for Needy Families - Basic Assistance Appropriation (HB1027) The purpose of this appropriation is to provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance for Needy Families program. TOTAL STATE FUNDS $14,400,000 $14,400,000 $14,400,000 State General Funds $14,400,000 $14,400,000 $14,400,000 TOTAL FEDERAL FUNDS $94,788,339 $92,388,339 $77,288,339 Temporary Assistance for Needy Families $47,128,806 $47,850,375 Temporary Assistance for Needy Families Block Grant CFDA $47,128,806 $47,850,375 93.558 Temporary Assistance for Needy Families Unobligated Balance $47,659,533 $92,388,339 $29,437,964 TOTAL AGENCY FUNDS $20,000,000 $20,000,000 Contributions, Donations, and Forfeitures $20,000,000 $20,000,000 TANF Maintenance-of-Effort from External Sources $20,000,000 $20,000,000 TOTAL PUBLIC FUNDS $129,188,339 $126,788,339 $91,688,339 Support for Needy Families - Family Assistance Continuation Budget The purpose is to supply block grants for temporary assistance for needy families. TOTAL STATE FUNDS $17,069,906 $17,069,906 $17,069,906 State General Funds $17,069,906 $17,069,906 $17,069,906 TOTAL FEDERAL FUNDS $51,340,811 $51,340,811 $51,340,811 Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 Federal Funds Not Itemized $11,959,324 $11,959,324 $11,959,324 Medical Assistance Program CFDA93.778 $9,905,211 $9,905,211 $9,905,211 Temporary Assistance for Needy Families $12,291,093 $12,291,093 $12,291,093 Temporary Assistance for Needy Families Block Grant CFDA $12,291,093 $12,291,093 $12,291,093 93.558 TOTAL AGENCY FUNDS $2,786,034 $2,786,034 $2,786,034 Sales and Services $2,786,034 $2,786,034 $2,786,034 Sales and Services Not Itemized $2,786,034 $2,786,034 $2,786,034 THURSDAY, MARCH 23, 2006 4151 TOTAL PUBLIC FUNDS $71,196,751 $71,196,751 $71,196,751 Statewide Changes 230.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $1,119,613 $0 $344,938 Changes to the Purpose or the Purpose Measure 230.2 SAC: The purpose of this appropriation is to administer and aid needy families in the accomplishment of Georgia's state plan for the federal Temporary Assistance for Needy Families program. The purpose will be measured by: the average time required to process applications and benefits; and the percentage of applications or benefits processed accurately. House: The purpose of this appropriation is to administer and aid needy families in the accomplishment of Georgia's state plan for the federal Temporary Assistance for Needy Families program. State General Funds $0 $0 Changes in Operations / Administration 230.3 Transfer funds and activities to create the program "Economic Assistance" (G:YES)(H and S:NO, Rename program "Support for Needy Families - Family Assistance"). State General Funds $0 $0 $0 230.4 Reduce funding to support administration. Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($9,300,000) ($8,800,000) One-Time Expense 230.5 Increase funding for a pay evaluation of the Office of Family Independence(S:Use to reward staff for achieving a high performance bonus. Reward contingent on continued receipt of the bonus). Temporary Assistance for Needy Families Block Grant CFDA 93.558 $2,000,000 $2,000,000 Changes in How the Program is Funded 230.6 Recognize increase in federal match rate by adjusting state funds. State General Funds ($631,329) ($631,329) ($631,329) Changes in the Size of the Program 230.7 Increase funding for the SNAP program at the Atlanta Food Bank(S:Food bank assistance statewide). Temporary Assistance for Needy Families Block Grant CFDA 93.558 $1,000,000 $1,000,000 230. Support for Needy Families - Family Assistance Appropriation (HB1027) The purpose of this appropriation is to administer and aid needy families in the accomplishment of Georgia's state plan for the federal Temporary Assistance for Needy Families program. The purpose will be measured by: the average time 4152 JOURNAL OF THE HOUSE required to process applications and benefits; and the percentage of applications or benefits processed accurately. TOTAL STATE FUNDS $17,558,190 $16,438,577 $16,783,515 State General Funds $17,558,190 $16,438,577 $16,783,515 TOTAL FEDERAL FUNDS $51,340,811 $45,040,811 $45,540,811 Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 Federal Funds Not Itemized $11,959,324 $11,959,324 $11,959,324 Medical Assistance Program CFDA93.778 $9,905,211 $9,905,211 $9,905,211 Temporary Assistance for Needy Families $12,291,093 $5,991,093 $6,491,093 Temporary Assistance for Needy Families Block Grant CFDA $12,291,093 $5,991,093 $6,491,093 93.558 TOTAL AGENCY FUNDS $2,786,034 $2,786,034 $2,786,034 Sales and Services $2,786,034 $2,786,034 $2,786,034 Sales and Services Not Itemized $2,786,034 $2,786,034 $2,786,034 TOTAL PUBLIC FUNDS $71,685,035 $64,265,422 $65,110,360 Support for Needy Families - Work Assistance Continuation Budget The purpose is to supply block grants for temporary assistance for needy families. TOTAL STATE FUNDS $26,000,000 $26,000,000 $26,000,000 State General Funds $26,000,000 $26,000,000 $26,000,000 TOTAL FEDERAL FUNDS $19,130,279 $19,130,279 $19,130,279 Temporary Assistance for Needy Families $19,130,279 $19,130,279 $19,130,279 Temporary Assistance for Needy Families Block Grant CFDA $19,130,279 $19,130,279 $19,130,279 93.558 TOTAL PUBLIC FUNDS $45,130,279 $45,130,279 $45,130,279 Changes in Who is Served by the Program 231.1 Provide clients, who are employed and receive a TANF payment, with a disregard of wages (a percentage of wages will not count towards determining eligibility) for six months. This will allow clients time to adjust to work and become financially stable. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $8,280,000 $8,280,000 $8,280,000 THURSDAY, MARCH 23, 2006 4153 Changes to the Purpose or the Purpose Measure 231.2 SAC: The purpose of this appropriation is to assist needy Georgian families achieve self sufficiency by obtaining and keeping employment as well as complying with Georgia's state plan for the federal Temporary Assistance for Needy Families program. The purpose will be measured by: the percent of TANF cases that do not return, or are off of cash assistance, 18 months after exit due to employment; and by the percent of TANF adults placed (as defined by federal guidelines) for whom employment is a goal. House: The purpose of this appropriation is to assist needy Georgian families achieve self sufficiency by obtaining and keeping employment as well as complying with Georgia's state plan for the federal Temporary Assistance for Needy Families program. State General Funds $0 $0 Changes in Operations / Administration 231.3 Transfer funds and activities to create the program "Economic Assistance" (G:YES)(H and S:NO). State General Funds $0 $0 $0 Changes in How the Program is Funded 231.12 Reflect $12,901,218 to the Department of Labor and $7,300,000 to the Department of Technical and Adult Education in base budget transfers for TANF funds. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $0 Changes in What Services are Offered 231.4 Assist seriously mentally ill or disabled TANF clients to apply for SSI or enter a specialized work program. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $1,597,000 $1,597,000 $1,597,000 231.5 Provide clients, who are employed but no longer receive a TANF payment, with work supports such as transportation, tools and uniforms for six months. This will provide a step down level of support for working parents. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $3,600,000 $3,600,000 $3,600,000 231.6 Hire staff to provide job retention and other supportive services. Staff would have special skills to assist newly employed with mentoring and other support services. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $5,040,000 $5,040,000 $5,040,000 Changes in the Size of the Program 231.7 Provide employed clients temporary assistance for work-related emergencies like car repairs. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $1,080,000 $1,080,000 $1,080,000 231.8 Expand the TeenWork program for teenagers in TANF families or foster care. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $740,000 $740,000 $740,000 4154 JOURNAL OF THE HOUSE 231.9 Increase funding for translation services. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $16,100,000 $500,000 231.10 Increase funding to counties performing eligibility and employability work activities. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $500,000 $16,100,000 231.11 Increase funding for Charitable Choice. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $4,000,000 $4,000,000 231. Support for Needy Families - Work Assistance Appropriation (HB1027) The purpose of this appropriation is to assist needy Georgian families achieve self sufficiency by obtaining and keeping employment as well as complying with Georgia's state plan for the federal Temporary Assistance for Needy Families program. The purpose will be measured by: the percent of TANF cases that do not return, or are off of cash assistance, 18 months after exit due to employment; and by the percent of TANF adults placed (as defined by federal guidelines) for whom employment is a goal. TOTAL STATE FUNDS $26,000,000 $26,000,000 $26,000,000 State General Funds $26,000,000 $26,000,000 $26,000,000 TOTAL FEDERAL FUNDS $39,467,279 $60,067,279 $60,067,279 Temporary Assistance for Needy Families $39,467,279 $60,067,279 $60,067,279 Temporary Assistance for Needy Families Block Grant CFDA $39,467,279 $60,067,279 $60,067,279 93.558 TOTAL PUBLIC FUNDS $65,467,279 $86,067,279 $86,067,279 Vital Records Continuation Budget 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 STATE FUNDS $2,064,090 $2,064,090 $2,064,090 State General Funds $2,064,090 $2,064,090 $2,064,090 TOTAL FEDERAL FUNDS $288,204 $288,204 $288,204 Federal Funds Not Itemized $288,204 $288,204 $288,204 TOTAL PUBLIC FUNDS $2,352,294 $2,352,294 $2,352,294 Statewide Changes 232.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $3,645 $144,573 THURSDAY, MARCH 23, 2006 4155 Changes to the Purpose or the Purpose Measure 232.2 SAC: The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and associated documents. The purpose will be measured by the average time to accurately register, code, enter, and archive all vital records and associated documents (birth, death, fetal death, induced termination of pregnancy, marriage). House: The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and associated documents. State General Funds $0 $0 Changes in Operations / Administration 232.3 Transfer funds and activities to create the program "Health Information & Assessment" (G:YES)(H and S:NO). State General Funds $0 $0 $0 Changes in How the Program is Funded 232.4 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $260,000 232. Vital Records Appropriation (HB1027) The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and associated documents. The purpose will be measured by the average time to accurately register, code, enter, and archive all vital records and associated documents (birth, death, fetal death, induced termination of pregnancy, marriage). TOTAL STATE FUNDS $2,064,090 $2,067,735 $2,208,663 State General Funds $2,064,090 $2,067,735 $2,208,663 TOTAL FEDERAL FUNDS $288,204 $288,204 $548,204 Federal Funds Not Itemized $288,204 $288,204 $548,204 TOTAL PUBLIC FUNDS $2,352,294 $2,355,939 $2,756,867 Brain and Spinal Injury Trust Fund Continuation Budget 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 STATE FUNDS $3,000,000 $3,000,000 $3,000,000 Brain and Spinal Injury Trust Fund $3,000,000 $3,000,000 $3,000,000 State General Funds $0 $0 TOTAL PUBLIC FUNDS $3,000,000 $3,000,000 $3,000,000 4156 JOURNAL OF THE HOUSE Statewide Changes 233.1 GTA, GBA, WC, COLA, SHBP and Annualizer Brain and Spinal Injury Trust Fund $7,691 $7,691 State General Funds $7,691 $0 TOTAL PUBLIC FUNDS $7,691 233. Brain and Spinal Injury Trust Fund Appropriation (HB1027) The purpose of this appropriation is to provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to citizens of the state who have survived brain or spinal cord injuries. TOTAL STATE FUNDS $3,007,691 $3,007,691 $3,007,691 Brain and Spinal Injury Trust Fund $3,007,691 $3,000,000 $3,007,691 State General Funds $7,691 TOTAL PUBLIC FUNDS $3,007,691 $3,007,691 $3,007,691 Children's Trust Fund Commission Continuation Budget 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 STATE FUNDS $6,932,873 $6,932,873 $6,932,873 State General Funds $5,660,703 $5,660,703 $5,660,703 Tobacco Settlement Funds $1,272,170 $1,272,170 $1,272,170 TOTAL PUBLIC FUNDS $6,932,873 $6,932,873 $6,932,873 Statewide Changes 234.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $11,955 $11,955 $11,955 Changes in Operations / Administration 234.4 Transfer base budget funding of Child Advocacy Centers from the Family Violence Services program. State General Funds $300,000 Changes in How the Program is Funded 234.2 Replace tobacco settlement funds with state general funds. State General Funds $1,272,170 $1,272,170 $1,272,170 Tobacco Settlement Funds ($1,272,170) ($1,272,170) ($1,272,170) TOTAL PUBLIC FUNDS $0 $0 $0 THURSDAY, MARCH 23, 2006 4157 Changes in the Size of the Program 234.3 Provide funds for Child Advocacy Centers to help reduce trauma to victims of sexual abuse and increase prosecutions of perpetrators(S:Fund in the Children's Trust Fund Commission rather than Child Welfare Services-Item 205.11). Temporary Assistance for Needy Families Block Grant CFDA 93.558 $250,000 234. Children's Trust Fund Commission Appropriation (HB1027) The purpose of this appropriation is to support the establishment of community-based educational and service programs designed to reduce the occurrence of child abuse and neglect. TOTAL STATE FUNDS $6,944,828 $6,944,828 $7,244,828 State General Funds $6,944,828 $6,944,828 $7,244,828 TOTAL FEDERAL FUNDS $250,000 Temporary Assistance for Needy Families $250,000 Temporary Assistance for Needy Families Block Grant CFDA $250,000 93.558 TOTAL PUBLIC FUNDS $6,944,828 $6,944,828 $7,494,828 Council on Aging Continuation Budget 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 STATE FUNDS $148,951 $148,951 $148,951 State General Funds $148,951 $148,951 $148,951 TOTAL PUBLIC FUNDS $148,951 $148,951 $148,951 Statewide Changes 235.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $5,810 $5,810 $5,810 Changes in the Size of the Program 235.2 Provide additional funds for operating expenses. State General Funds $20,000 $20,000 235. Council on Aging Appropriation (HB1027) The purpose of this appropriation is to assist older individuals, at-risk adults, persons with disabilities, their families and caregivers in achieving safe, healthy, independent and self-reliant lives. TOTAL STATE FUNDS $154,761 $174,761 $174,761 4158 JOURNAL OF THE HOUSE State General Funds $154,761 $174,761 $174,761 TOTAL PUBLIC FUNDS $154,761 $174,761 $174,761 Developmental Disabilities, Governor's Council on Continuation Budget The purpose is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $29,241 $29,241 $29,241 State General Funds $29,241 $29,241 $29,241 TOTAL FEDERAL FUNDS $2,248,393 $2,248,393 $2,248,393 Federal Funds Not Itemized $2,248,393 $2,248,393 $2,248,393 TOTAL PUBLIC FUNDS $2,277,634 $2,277,634 $2,277,634 Statewide Changes 236.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $464 $464 $464 Federal Funds Not Itemized $13,609 $13,609 $13,609 TOTAL PUBLIC FUNDS $14,073 $14,073 $14,073 236. Developmental Disabilities, Governor's Council on Appropriation (HB1027) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $29,705 $29,705 $29,705 State General Funds $29,705 $29,705 $29,705 TOTAL FEDERAL FUNDS $2,262,002 $2,262,002 $2,262,002 Federal Funds Not Itemized $2,262,002 $2,262,002 $2,262,002 TOTAL PUBLIC FUNDS $2,291,707 $2,291,707 $2,291,707 Adolescent Health and Youth Development Continuation Budget The purpose is to prevent teenage pregnancy and out-of-wedlock births and promote male responsibility. TOTAL STATE FUNDS $2,950,573 $2,950,573 $2,950,573 State General Funds $2,950,573 $2,950,573 $2,950,573 TOTAL FEDERAL FUNDS $9,807,473 $9,807,473 $9,807,473 Maternal & Child Health Services Block Grant CFDA93.994 $1,043,468 $1,043,468 $1,043,468 Medical Assistance Program CFDA93.778 $25,631 $25,631 $25,631 Temporary Assistance for Needy Families $8,738,374 $8,738,374 $8,738,374 Temporary Assistance for Needy Families Block Grant CFDA $8,738,374 $8,738,374 $8,738,374 THURSDAY, MARCH 23, 2006 4159 93.558 TOTAL PUBLIC FUNDS $12,758,046 $12,758,046 $12,758,046 Changes in Operations / Administration 965.1 Transfer all funds and activities to create the program "Chronic Disease Prevention & Health Promotion" (G:YES)(H and S:Transfer to Adolescent & Adult Health Promotion). State General Funds ($2,950,573) ($2,950,573) ($2,950,573) Maternal & Child Health Services Block Grant CFDA93.994 ($1,043,468) ($1,043,468) ($1,043,468) Medical Assistance Program CFDA93.778 ($25,631) ($25,631) ($25,631) Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($8,738,374) ($8,738,374) ($8,738,374) TOTAL PUBLIC FUNDS ($12,758,046) ($12,758,046) ($12,758,046) Adoption Services and Supplements Continuation Budget 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 STATE FUNDS $27,839,182 $27,839,182 $27,839,182 State General Funds $27,839,182 $27,839,182 $27,839,182 TOTAL FEDERAL FUNDS $25,557,784 $25,557,784 $25,557,784 Federal Funds Not Itemized $21,257,784 $21,257,784 $21,257,784 Temporary Assistance for Needy Families $4,300,000 $4,300,000 $4,300,000 Temporary Assistance for Needy Families Block Grant CFDA $4,300,000 $4,300,000 $4,300,000 93.558 TOTAL AGENCY FUNDS $561,732 $561,732 $561,732 Sales and Services $561,732 $561,732 $561,732 Sales and Services Not Itemized $561,732 $561,732 $561,732 TOTAL PUBLIC FUNDS $53,958,698 $53,958,698 $53,958,698 Changes in Operations / Administration 966.1 Transfer all funds and activities to create the program "Adoption Services". State General Funds ($27,839,182) ($27,839,182) ($27,839,182) Federal Funds Not Itemized ($21,257,784) ($21,257,784) ($21,257,784) Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($4,300,000) ($4,300,000) ($4,300,000) Sales and Services Not Itemized ($561,732) ($561,732) ($561,732) TOTAL PUBLIC FUNDS ($53,958,698) ($53,958,698) ($53,958,698) 4160 JOURNAL OF THE HOUSE Adult Protective Services Continuation Budget 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 STATE FUNDS $8,166,693 $8,166,693 $8,166,693 State General Funds $8,166,693 $8,166,693 $8,166,693 TOTAL FEDERAL FUNDS $6,432,602 $6,432,602 $6,432,602 Medical Assistance Program CFDA93.778 $4,178,063 $4,178,063 $4,178,063 Social Services Block Grant CFDA 93.667 $2,254,539 $2,254,539 $2,254,539 TOTAL PUBLIC FUNDS $14,599,295 $14,599,295 $14,599,295 Changes in Operations / Administration 967.1 Transfer all funds and activities to create the program "Elder Rights and Protection" (G:YES) (H and S:Transfer to "Elder Abuse Investigation and Prevention")(S:House position). State General Funds ($8,166,693) ($8,166,693) ($8,166,693) Medical Assistance Program CFDA93.778 ($4,178,063) ($4,178,063) ($4,178,063) Social Services Block Grant CFDA 93.667 ($2,254,539) ($2,254,539) ($2,254,539) TOTAL PUBLIC FUNDS ($14,599,295) ($14,599,295) ($14,599,295) Cancer Screening and Prevention Continuation Budget The purpose is to reduce the morbidity and mortality from breast or cervical cancer. TOTAL STATE FUNDS $6,261,931 $6,261,931 $6,261,931 State General Funds $3,536,818 $3,536,818 $3,536,818 Tobacco Settlement Funds $2,725,113 $2,725,113 $2,725,113 TOTAL PUBLIC FUNDS $6,261,931 $6,261,931 $6,261,931 Changes in Operations / Administration 968.1 Transfer all funds and activities to create the program "Chronic Disease Prevention & Health Promotion" (G:YES)(H and S:Transfer to "Adolescent & Adult Health Promotion") State General Funds ($3,536,818) ($3,536,818) ($3,536,818) Tobacco Settlement Funds ($2,725,113) ($2,725,113) ($2,725,113) TOTAL PUBLIC FUNDS ($6,261,931) ($6,261,931) ($6,261,931) Child Care and Parent Services Continuation Budget 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. THURSDAY, MARCH 23, 2006 4161 TOTAL STATE FUNDS $61,805,665 $61,805,665 $61,805,665 State General Funds $61,805,665 $61,805,665 $61,805,665 TOTAL FEDERAL FUNDS $124,387,121 $124,387,121 $124,387,121 Child Care & Development Block Grant CFDA93.575 $52,106,949 $52,106,949 $52,106,949 CCDF Mandatory & Matching Funds CFDA93.596 $32,580,082 $32,580,082 $32,580,082 Social Services Block Grant CFDA 93.667 $90 $90 $90 Temporary Assistance for Needy Families $39,700,000 $39,700,000 $39,700,000 Temporary Assistance for Needy Families Block Grant CFDA $10,000,000 $10,000,000 $10,000,000 93.558 TANF Transfers to Child Care Development Fund $29,700,000 $29,700,000 $29,700,000 TOTAL AGENCY FUNDS $832,728 $832,728 $832,728 Sales and Services $832,728 $832,728 $832,728 Sales and Services Not Itemized $832,728 $832,728 $832,728 TOTAL PUBLIC FUNDS $187,025,514 $187,025,514 $187,025,514 Changes in Operations / Administration 969.1 Transfer funds and activities to create the program "Economic Assistance" (G:YES)(H and S:Split into "Child Care Services" and "After School Care" programs). State General Funds ($61,805,665) ($61,805,665) ($61,805,665) Child Care & Development Block Grant CFDA93.575 ($52,106,949) ($52,106,949) ($52,106,949) CCDF Mandatory & Matching Funds CFDA93.596 ($32,580,082) ($32,580,082) ($32,580,082) Social Services Block Grant CFDA 93.667 ($90) ($90) ($90) Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($10,000,000) ($10,000,000) ($10,000,000) TANF Transfers to Child Care Development Fund ($29,700,000) ($29,700,000) ($29,700,000) Sales and Services Not Itemized ($832,728) ($832,728) ($832,728) TOTAL PUBLIC FUNDS ($187,025,514) ($187,025,514) ($187,025,514) Children with Special Needs Continuation Budget The purpose is to promote the optimal functioning of infants and toddlers with developmental delays or disabilities. TOTAL STATE FUNDS $21,243,613 $21,243,613 $21,243,613 State General Funds $21,243,613 $21,243,613 $21,243,613 TOTAL FEDERAL FUNDS $10,079,911 $10,079,911 $10,079,911 Federal Funds Not Itemized $2,714,398 $2,714,398 $2,714,398 4162 JOURNAL OF THE HOUSE Maternal & Child Health Services Block Grant CFDA93.994 $7,292,025 $7,292,025 $7,292,025 Medical Assistance Program CFDA93.778 $19,308 $19,308 $19,308 Preventive Health & Health Services Block Grant CFDA93.991 $54,180 $54,180 $54,180 TOTAL PUBLIC FUNDS $31,323,524 $31,323,524 $31,323,524 Changes in Operations / Administration 970.1 Transfer all funds and activities to create the program "Essential Public Health Clinical Services" (G:YES)(H and S:Transfer to "Infant & Child Essential Health Services") State General Funds ($21,243,613) ($21,243,613) ($21,243,613) Federal Funds Not Itemized ($2,714,398) ($2,714,398) ($2,714,398) Maternal & Child Health Services Block Grant CFDA93.994 ($7,292,025) ($7,292,025) ($7,292,025) Medical Assistance Program CFDA93.778 ($19,308) ($19,308) ($19,308) Preventive Health & Health Services Block Grant CFDA93.991 ($54,180) ($54,180) ($54,180) TOTAL PUBLIC FUNDS ($31,323,524) ($31,323,524) ($31,323,524) Chronic Disease Reduction - Health Promotion Continuation Budget The purpose is to provide education and health promotion related to chronic diseases. TOTAL STATE FUNDS $1,694,590 $1,694,590 $1,694,590 State General Funds $353,946 $353,946 $353,946 Tobacco Settlement Funds $1,340,644 $1,340,644 $1,340,644 TOTAL PUBLIC FUNDS $1,694,590 $1,694,590 $1,694,590 Changes in Operations / Administration 971.1 Transfer all funds and activities to create the program "Chronic Disease Prevention and Health Promotion" (G:YES)(H and S:Transfer to "Infant and Child Health Promotion") State General Funds ($353,946) ($353,946) ($353,946) Tobacco Settlement Funds ($1,340,644) ($1,340,644) ($1,340,644) TOTAL PUBLIC FUNDS ($1,694,590) ($1,694,590) ($1,694,590) Chronic Disease Treatment and Control Continuation Budget The purpose is to reduce the morbidity and mortality of cancer among low-income uninsured or underinsured Georgians. TOTAL STATE FUNDS $8,112,612 $8,112,612 $8,112,612 State General Funds $4,565,157 $4,565,157 $4,565,157 Tobacco Settlement Funds $3,547,455 $3,547,455 $3,547,455 TOTAL FEDERAL FUNDS $1,210,877 $1,210,877 $1,210,877 THURSDAY, MARCH 23, 2006 4163 Preventive Health & Health Services Block Grant CFDA93.991 $1,210,877 $1,210,877 $1,210,877 TOTAL PUBLIC FUNDS $9,323,489 $9,323,489 $9,323,489 Changes in Operations / Administration 972.1 Transfer all funds and activities to create the program "Essential Public Health Clinical Services" (G:YES)(H and S:Transfer to "Adult Essential Health Treatment Services") State General Funds ($4,565,157) ($4,565,157) ($4,565,157) Tobacco Settlement Funds ($3,547,455) ($3,547,455) ($3,547,455) Preventive Health & Health Services Block Grant CFDA93.991 ($1,210,877) ($1,210,877) ($1,210,877) TOTAL PUBLIC FUNDS ($9,323,489) ($9,323,489) ($9,323,489) Community Care Services Program Continuation Budget The purpose is to provide Georgians who need nursing home level of care the option of remaining in their own communities. TOTAL STATE FUNDS $50,458,653 $50,458,653 $50,458,653 State General Funds $46,266,847 $46,266,847 $46,266,847 Tobacco Settlement Funds $4,191,806 $4,191,806 $4,191,806 TOTAL FEDERAL FUNDS $9,894,353 $9,894,353 $9,894,353 Medical Assistance Program CFDA93.778 $9,894,353 $9,894,353 $9,894,353 TOTAL PUBLIC FUNDS $60,353,006 $60,353,006 $60,353,006 Changes in Operations / Administration 973.1 Transfer funds and activities to create the program "Home and Community Services" (G:YES)(H and S:Transfer to "Elder Community Living Services"). State General Funds ($46,266,847) ($46,266,847) ($46,266,847) Tobacco Settlement Funds ($4,191,806) ($4,191,806) ($4,191,806) Medical Assistance Program CFDA93.778 ($9,894,353) ($9,894,353) ($9,894,353) TOTAL PUBLIC FUNDS ($60,353,006) ($60,353,006) ($60,353,006) Community Services - Adult Continuation Budget 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 STATE FUNDS $317,453,030 $317,453,030 $317,453,030 State General Funds $307,197,892 $307,197,892 $307,197,892 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 4164 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS $112,804,851 $112,804,851 $112,804,851 Community Mental Health Services Block Grant CFDA93.958 $7,474,598 $7,474,598 $7,474,598 Medical Assistance Program CFDA93.778 $17,873,979 $17,873,979 $17,873,979 Prevention & Treatment of Substance Abuse Block Grant $26,315,435 $26,315,435 $26,315,435 CFDA93.959 Social Services Block Grant CFDA 93.667 $30,636,459 $30,636,459 $30,636,459 Temporary Assistance for Needy Families $30,504,380 $30,504,380 $30,504,380 Temporary Assistance for Needy Families Block Grant CFDA $27,016,392 $27,016,392 $27,016,392 93.558 TANF Transfers to Social Services Block Grant $3,487,988 $3,487,988 $3,487,988 TOTAL PUBLIC FUNDS $430,257,881 $430,257,881 $430,257,881 Changes in Operations / Administration 974.1 Transfer funds and activities to create the program "Adult Services" (G:YES)(H and S:Transfer to "Adult Mental Health Services", "Adult Developmental Disabilities Services", and "Adult Addictive Diseases Services"). State General Funds ($307,197,892) ($307,197,892) ($307,197,892) Tobacco Settlement Funds ($10,255,138) ($10,255,138) ($10,255,138) Community Mental Health Services Block Grant CFDA93.958 ($7,474,598) ($7,474,598) ($7,474,598) Medical Assistance Program CFDA93.778 ($17,873,979) ($17,873,979) ($17,873,979) Prevention & Treatment of Substance Abuse Block Grant ($26,315,435) ($26,315,435) ($26,315,435) CFDA93.959 Social Services Block Grant CFDA 93.667 ($30,636,459) ($30,636,459) ($30,636,459) Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($27,016,392) ($27,016,392) ($27,016,392) TANF Transfers to Social Services Block Grant ($3,487,988) ($3,487,988) ($3,487,988) TOTAL PUBLIC FUNDS ($430,257,881) ($430,257,881) ($430,257,881) Community Services - Child and Adolescent Continuation Budget 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 STATE FUNDS $78,712,046 $78,712,046 $78,712,046 State General Funds $78,712,046 $78,712,046 $78,712,046 TOTAL FEDERAL FUNDS $22,950,333 $22,950,333 $22,950,333 THURSDAY, MARCH 23, 2006 4165 Community Mental Health Services Block Grant CFDA93.958 $5,365,824 $5,365,824 $5,365,824 Medical Assistance Program CFDA93.778 $3,131,597 $3,131,597 $3,131,597 Prevention & Treatment of Substance Abuse Block Grant $14,452,912 $14,452,912 $14,452,912 CFDA93.959 TOTAL PUBLIC FUNDS $101,662,379 $101,662,379 $101,662,379 Changes in Operations / Administration 975.1 Transfer all funds and activities to create the program "Child & Adolescent Services" (G:YES)(H and S:Transfer to "Child & Adolescent Developmental Disabilities", "Child & Adolescent Addictive Diseases Services", and "Child & Adolescent Mental Health Services). State General Funds ($78,712,046) ($78,712,046) ($78,712,046) Community Mental Health Services Block Grant CFDA93.958 ($5,365,824) ($5,365,824) ($5,365,824) Medical Assistance Program CFDA93.778 ($3,131,597) ($3,131,597) ($3,131,597) Prevention & Treatment of Substance Abuse Block Grant ($14,452,912) ($14,452,912) ($14,452,912) CFDA93.959 TOTAL PUBLIC FUNDS ($101,662,379) ($101,662,379) ($101,662,379) Contracted Client Transportation Services Continuation Budget The purpose is to provide essential transportation services in a safe, efficient and responsive manner. TOTAL STATE FUNDS $4,172,324 $4,172,324 $4,172,324 State General Funds $4,172,324 $4,172,324 $4,172,324 TOTAL FEDERAL FUNDS $24,898,482 $24,898,482 $24,898,482 Federal Funds Not Itemized $6,744,243 $6,744,243 $6,744,243 Social Services Block Grant CFDA 93.667 $9,687,026 $9,687,026 $9,687,026 Temporary Assistance for Needy Families $8,467,213 $8,467,213 $8,467,213 Temporary Assistance for Needy Families Block Grant CFDA $8,467,213 $8,467,213 $8,467,213 93.558 TOTAL PUBLIC FUNDS $29,070,806 $29,070,806 $29,070,806 Changes in Operations / Administration 976.1 Transfer funds and activities to the program "Departmental Administration". State General Funds ($4,172,324) ($4,172,324) ($4,172,324) Federal Funds Not Itemized ($6,744,243) ($6,744,243) ($6,744,243) Social Services Block Grant CFDA 93.667 ($9,687,026) ($9,687,026) ($9,687,026) 4166 JOURNAL OF THE HOUSE Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($8,467,213) ($8,467,213) ($8,467,213) TOTAL PUBLIC FUNDS ($29,070,806) ($29,070,806) ($29,070,806) Departmental Administration (HB85) Continuation Budget The purpose is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS $84,985,533 $84,985,533 $84,985,533 State General Funds $84,654,193 $84,654,193 $84,654,193 Tobacco Settlement Funds $331,340 $331,340 $331,340 TOTAL FEDERAL FUNDS $78,206,511 $78,206,511 $78,206,511 Federal Funds Not Itemized $2 $2 $2 Low-Income Home Energy Assistance CFDA93.568 $346,557 $346,557 $346,557 Medical Assistance Program CFDA93.778 $67,960,097 $67,960,097 $67,960,097 Preventive Health & Health Services Block Grant CFDA93.991 $31,070 $31,070 $31,070 Social Services Block Grant CFDA 93.667 $265,446 $265,446 $265,446 Temporary Assistance for Needy Families $9,603,339 $9,603,339 $9,603,339 Temporary Assistance for Needy Families Block Grant CFDA $9,603,339 $9,603,339 $9,603,339 93.558 TOTAL AGENCY FUNDS $5,872,044 $5,872,044 $5,872,044 Sales and Services $5,872,044 $5,872,044 $5,872,044 Sales and Services Not Itemized $5,872,044 $5,872,044 $5,872,044 TOTAL PUBLIC FUNDS $169,064,088 $169,064,088 $169,064,088 Changes in What Services are Offered 977.1 Transfer all activities and fund sources to a new program that includes Contracted Client Transportation. State General Funds ($84,654,193) ($84,654,193) ($84,654,193) Tobacco Settlement Funds ($331,340) ($331,340) ($331,340) Federal Funds Not Itemized ($2) ($2) ($2) Low-Income Home Energy Assistance CFDA93.568 ($346,557) ($346,557) ($346,557) Medical Assistance Program CFDA93.778 ($67,960,097) ($67,960,097) ($67,960,097) Preventive Health & Health Services Block Grant CFDA93.991 ($31,070) ($31,070) ($31,070) Social Services Block Grant CFDA 93.667 ($265,446) ($265,446) ($265,446) Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($9,603,339) ($9,603,339) ($9,603,339) Sales and Services Not Itemized ($5,872,044) ($5,872,044) ($5,872,044) THURSDAY, MARCH 23, 2006 4167 TOTAL PUBLIC FUNDS ($169,064,088) ($169,064,088) ($169,064,088) Elder Abuse and Fraud Prevention Continuation Budget 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 STATE FUNDS $4,744 $4,744 $4,744 State General Funds $4,744 $4,744 $4,744 TOTAL FEDERAL FUNDS $95,389 $95,389 $95,389 Federal Funds Not Itemized $95,389 $95,389 $95,389 TOTAL PUBLIC FUNDS $100,133 $100,133 $100,133 Changes in Operations / Administration 978.1 Transfer funds and activities to create the program "Elder Rights and Protection" (G:YES)(H and S:Transfer to "Elder Abuse Investigation and Prevention"). State General Funds ($4,744) ($4,744) ($4,744) Federal Funds Not Itemized ($95,389) ($95,389) ($95,389) TOTAL PUBLIC FUNDS ($100,133) ($100,133) ($100,133) Emergency Preparedness/Bioterrorism Continuation Budget The purpose is to prevent, detect, investigate, and respond to bioterrorism, terrorism, and other public health emergencies. TOTAL STATE FUNDS $2,566,602 $2,566,602 $2,566,602 State General Funds $2,566,602 $2,566,602 $2,566,602 TOTAL PUBLIC FUNDS $2,566,602 $2,566,602 $2,566,602 Changes in Operations / Administration 979.1 Transfer all funds and activities to "Emergency Preparedness/Trauma System Improvement"(H and S:YES). State General Funds ($2,566,602) ($2,566,602) ($2,566,602) Health Promotion and Disease Prevention (Wellness) Continuation Budget The purpose is to improve or maintain the functional ability and health status of elderly Georgians. TOTAL STATE FUNDS $0 $0 $0 TOTAL FEDERAL FUNDS $480,015 $480,015 $480,015 Federal Funds Not Itemized $480,015 $480,015 $480,015 TOTAL PUBLIC FUNDS $480,015 $480,015 $480,015 4168 JOURNAL OF THE HOUSE Changes in Operations / Administration 980.1 Transfer funds and activities to create the program "Home and Community Services" (G:YES)(H and S:Transfer to "Elder Support Services"). Federal Funds Not Itemized ($480,015) ($480,015) ($480,015) High Risk Pregnant Women and Infants Continuation Budget The purpose is to ensure that low income pregnant women receive comprehensive, quality, prenatal services as early as possible in their pregnancy. TOTAL STATE FUNDS $5,000,049 $5,000,049 $5,000,049 State General Funds $5,000,049 $5,000,049 $5,000,049 TOTAL FEDERAL FUNDS $130,000 $130,000 $130,000 Maternal & Child Health Services Block Grant CFDA93.994 $130,000 $130,000 $130,000 TOTAL PUBLIC FUNDS $5,130,049 $5,130,049 $5,130,049 Changes in Operations / Administration 981.1 Transfer funds and activities to create the program "Essential Public Health Clinical Services" (G:YES) (H and S:Transfer to "Infant & Child Essential Health Services" and "Infant & Child Health Promotion"). State General Funds ($5,000,049) ($5,000,049) ($5,000,049) Maternal & Child Health Services Block Grant CFDA93.994 ($130,000) ($130,000) ($130,000) TOTAL PUBLIC FUNDS ($5,130,049) ($5,130,049) ($5,130,049) HIV/AIDS Continuation Budget The purpose is to provide treatment that addresses the unmet needs of Georgians with HIV disease. TOTAL STATE FUNDS $18,002,128 $18,002,128 $18,002,128 State General Funds $16,775,461 $16,775,461 $16,775,461 Tobacco Settlement Funds $1,226,667 $1,226,667 $1,226,667 TOTAL FEDERAL FUNDS $6,879,211 $6,879,211 $6,879,211 Federal Funds Not Itemized $6,795,345 $6,795,345 $6,795,345 Maternal & Child Health Services Block Grant CFDA93.994 $83,866 $83,866 $83,866 TOTAL PUBLIC FUNDS $24,881,339 $24,881,339 $24,881,339 Changes in Operations / Administration 982.1 Transfer funds and activities to create the program "Infectious Disease Control". State General Funds ($16,775,461) ($16,775,461) ($16,775,461) Tobacco Settlement Funds ($1,226,667) ($1,226,667) ($1,226,667) THURSDAY, MARCH 23, 2006 4169 Federal Funds Not Itemized ($6,795,345) ($6,795,345) ($6,795,345) Maternal & Child Health Services Block Grant CFDA93.994 ($83,866) ($83,866) ($83,866) TOTAL PUBLIC FUNDS ($24,881,339) ($24,881,339) ($24,881,339) Home and Community Based Services Continuation Budget The purpose is to support and assist older Georgians so that they may live in their homes and communities. TOTAL STATE FUNDS $23,126,355 $23,126,355 $23,126,355 State General Funds $19,317,769 $19,317,769 $19,317,769 Tobacco Settlement Funds $3,808,586 $3,808,586 $3,808,586 TOTAL FEDERAL FUNDS $29,077,234 $29,077,234 $29,077,234 Federal Funds Not Itemized $25,290,804 $25,290,804 $25,290,804 Social Services Block Grant CFDA 93.667 $3,786,430 $3,786,430 $3,786,430 TOTAL PUBLIC FUNDS $52,203,589 $52,203,589 $52,203,589 Changes in Operations / Administration 983.1 Transfer funds and activities to create the program "Home and Community Services" (G:YES)(H and S:Transfer to "Elder Support Services", "Elder Abuse Investigation and Prevention", and "Elder Community Living Services"). State General Funds ($19,317,769) ($19,317,769) ($19,317,769) Tobacco Settlement Funds ($3,808,586) ($3,808,586) ($3,808,586) Federal Funds Not Itemized ($25,290,804) ($25,290,804) ($25,290,804) Social Services Block Grant CFDA 93.667 ($3,786,430) ($3,786,430) ($3,786,430) TOTAL PUBLIC FUNDS ($52,203,589) ($52,203,589) ($52,203,589) Independent and Transitional Living Services Continuation Budget The purpose is to provide a systematic approach for transitioning eligible youth in foster care. TOTAL STATE FUNDS $629,235 $629,235 $629,235 State General Funds $629,235 $629,235 $629,235 TOTAL FEDERAL FUNDS $3,675,208 $3,675,208 $3,675,208 Federal Funds Not Itemized $1,593,827 $1,593,827 $1,593,827 Foster Care Title IV-E CFDA93.658 $2,081,381 $2,081,381 $2,081,381 TOTAL AGENCY FUNDS $160,495 $160,495 $160,495 Sales and Services $160,495 $160,495 $160,495 Sales and Services Not Itemized $160,495 $160,495 $160,495 TOTAL PUBLIC FUNDS $4,464,938 $4,464,938 $4,464,938 4170 JOURNAL OF THE HOUSE Changes in Operations / Administration 984.1 Transfer funds and activities to create the program "Child Welfare Services" (G:YES)(H and S:Transfer to "Out of Home Care")(S:House position) State General Funds ($629,235) ($629,235) ($629,235) Federal Funds Not Itemized ($1,593,827) ($1,593,827) ($1,593,827) Foster Care Title IV-E CFDA93.658 ($2,081,381) ($2,081,381) ($2,081,381) Sales and Services Not Itemized ($160,495) ($160,495) ($160,495) TOTAL PUBLIC FUNDS ($4,464,938) ($4,464,938) ($4,464,938) Infant and Child Health Services Continuation Budget 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 STATE FUNDS $15,069,179 $15,069,179 $15,069,179 State General Funds $13,069,179 $13,069,179 $13,069,179 Tobacco Settlement Funds $2,000,000 $2,000,000 $2,000,000 TOTAL FEDERAL FUNDS $7,378,280 $7,378,280 $7,378,280 Federal Funds Not Itemized $254,938 $254,938 $254,938 Maternal & Child Health Services Block Grant CFDA93.994 $1,370,688 $1,370,688 $1,370,688 Medical Assistance Program CFDA93.778 $5,383,258 $5,383,258 $5,383,258 Preventive Health & Health Services Block Grant CFDA93.991 $369,396 $369,396 $369,396 TOTAL PUBLIC FUNDS $22,447,459 $22,447,459 $22,447,459 Changes in Operations / Administration 985.1 Transfer funds and activities to create the program "Essential Public Health Clinical Services" (G:YES)(H and S:Transfer to "Infant & Child Essential Health Services" and "Infant & Child Health Promotion"). State General Funds ($13,069,179) ($13,069,179) ($13,069,179) Tobacco Settlement Funds ($2,000,000) ($2,000,000) ($2,000,000) Federal Funds Not Itemized ($254,938) ($254,938) ($254,938) Maternal & Child Health Services Block Grant CFDA93.994 ($1,370,688) ($1,370,688) ($1,370,688) Medical Assistance Program CFDA93.778 ($5,383,258) ($5,383,258) ($5,383,258) Preventive Health & Health Services Block Grant CFDA93.991 ($369,396) ($369,396) ($369,396) TOTAL PUBLIC FUNDS ($22,447,459) ($22,447,459) ($22,447,459) THURSDAY, MARCH 23, 2006 4171 Laboratory Services Continuation Budget 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 STATE FUNDS $10,179,952 $10,179,952 $10,179,952 State General Funds $10,179,952 $10,179,952 $10,179,952 TOTAL FEDERAL FUNDS $546,104 $546,104 $546,104 Medical Assistance Program CFDA93.778 $546,104 $546,104 $546,104 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $10,876,056 $10,876,056 $10,876,056 Changes in Operations / Administration 986.1 Transfer funds and activities to create the program "Chronic Disease Prevention & Health Promotion" (G:YES)(H and S:Transfer to "Adolescent & Adult Health Promotion", "Infectious Disease Control", "Epidemiology", "Departmental Administration", and "Inspections and Environmental Hazard Control"). State General Funds ($10,179,952) ($10,179,952) ($10,179,952) Medical Assistance Program CFDA93.778 ($546,104) ($546,104) ($546,104) Sales and Services Not Itemized ($150,000) ($150,000) ($150,000) TOTAL PUBLIC FUNDS ($10,876,056) ($10,876,056) ($10,876,056) Out of Home Care (HB85) Continuation Budget The purpose is to provide safe and appropriate temporary substitute homes for children. TOTAL STATE FUNDS $148,321,478 $148,321,478 $148,321,478 State General Funds $148,321,478 $148,321,478 $148,321,478 TOTAL FEDERAL FUNDS $118,203,127 $118,203,127 $118,203,127 Federal Funds Not Itemized $4,561,186 $4,561,186 $4,561,186 Foster Care Title IV-E CFDA93.658 $23,655,642 $23,655,642 $23,655,642 Medical Assistance Program CFDA93.778 $33,493,500 $33,493,500 $33,493,500 Social Services Block Grant CFDA 93.667 $3,600,000 $3,600,000 $3,600,000 Temporary Assistance for Needy Families $52,892,799 $52,892,799 $52,892,799 Temporary Assistance for Needy Families Block Grant CFDA $52,892,799 $52,892,799 $52,892,799 93.558 4172 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS $32,925,589 $32,925,589 $32,925,589 Sales and Services $32,925,589 $32,925,589 $32,925,589 Sales and Services Not Itemized $32,925,589 $32,925,589 $32,925,589 TOTAL PUBLIC FUNDS $299,450,194 $299,450,194 $299,450,194 Changes in Operations / Administration 987.1 Combine funds and activities with the "Independent and Transitional Living Services" program to form a new program "Out of Home Care"(H and S:YES). State General Funds ($148,321,478) ($148,321,478) ($148,321,478) Federal Funds Not Itemized ($4,561,186) ($4,561,186) ($4,561,186) Foster Care Title IV-E CFDA93.658 ($23,655,642) ($23,655,642) ($23,655,642) Medical Assistance Program CFDA93.778 ($33,493,500) ($33,493,500) ($33,493,500) Social Services Block Grant CFDA 93.667 ($3,600,000) ($3,600,000) ($3,600,000) Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($52,892,799) ($52,892,799) ($52,892,799) Sales and Services Not Itemized ($32,925,589) ($32,925,589) ($32,925,589) TOTAL PUBLIC FUNDS ($299,450,194) ($299,450,194) ($299,450,194) Outdoor Therapeutic Program Continuation Budget 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 STATE FUNDS $3,294,177 $3,294,177 $3,294,177 State General Funds $3,294,177 $3,294,177 $3,294,177 TOTAL FEDERAL FUNDS $3,105 $3,105 $3,105 Medical Assistance Program CFDA93.778 $3,105 $3,105 $3,105 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $937,587 $937,587 $937,587 Agency to Agency Contracts $937,587 $937,587 $937,587 TOTAL PUBLIC FUNDS $4,234,869 $4,234,869 $4,234,869 Changes in Operations / Administration 988.1 Transfer funds and activities to create the program, "Child and Adolescent Services"(G:YES)(H and S:Transfer to "Child & Adolescent Mental Health Services" and "Child & Adolescent Forensic Services"). State General Funds ($3,294,177) ($3,294,177) ($3,294,177) Medical Assistance Program CFDA93.778 ($3,105) ($3,105) ($3,105) THURSDAY, MARCH 23, 2006 4173 Agency to Agency Contracts ($937,587) ($937,587) ($937,587) TOTAL PUBLIC FUNDS ($4,234,869) ($4,234,869) ($4,234,869) Post Adoption Services Continuation Budget The purpose is for clarification of adoption policies, procedures, and provide support services to adopting families. TOTAL STATE FUNDS $1,890,746 $1,890,746 $1,890,746 State General Funds $1,890,746 $1,890,746 $1,890,746 TOTAL FEDERAL FUNDS $940,404 $940,404 $940,404 Federal Funds Not Itemized $940,404 $940,404 $940,404 TOTAL PUBLIC FUNDS $2,831,150 $2,831,150 $2,831,150 Changes in Operations / Administration 989.1 Transfer all funds and activities to create the program "Adoption Services". State General Funds ($1,890,746) ($1,890,746) ($1,890,746) Federal Funds Not Itemized ($940,404) ($940,404) ($940,404) TOTAL PUBLIC FUNDS ($2,831,150) ($2,831,150) ($2,831,150) Pre-Adoption Services Continuation Budget The purpose is to provide services that ensure the safe and appropriate placement of adoptable children. TOTAL STATE FUNDS $3,528,273 $3,528,273 $3,528,273 State General Funds $3,528,273 $3,528,273 $3,528,273 TOTAL FEDERAL FUNDS $1,872,356 $1,872,356 $1,872,356 Federal Funds Not Itemized $1,872,356 $1,872,356 $1,872,356 TOTAL PUBLIC FUNDS $5,400,629 $5,400,629 $5,400,629 Changes in Operations / Administration 990.1 Transfer all funds and activities to create the program "Adoption Services". State General Funds ($3,528,273) ($3,528,273) ($3,528,273) Federal Funds Not Itemized ($1,872,356) ($1,872,356) ($1,872,356) TOTAL PUBLIC FUNDS ($5,400,629) ($5,400,629) ($5,400,629) Refugee Health Program Continuation Budget The purpose is to provide interpretation, outreach, information, and referrals for refugees who need health care. TOTAL STATE FUNDS $3,656,336 $3,656,336 $3,656,336 State General Funds $3,656,336 $3,656,336 $3,656,336 TOTAL FEDERAL FUNDS $118,690 $118,690 $118,690 4174 JOURNAL OF THE HOUSE Federal Funds Not Itemized $118,690 $118,690 $118,690 TOTAL PUBLIC FUNDS $3,775,026 $3,775,026 $3,775,026 Changes in Operations / Administration 991.1 Transfer funds and activities to create the program "Infectious Disease Control" (G:YES)(H and S:Transfer to "Adult Essential Health Treatment Services"). State General Funds ($3,656,336) ($3,656,336) ($3,656,336) Federal Funds Not Itemized ($118,690) ($118,690) ($118,690) TOTAL PUBLIC FUNDS ($3,775,026) ($3,775,026) ($3,775,026) Regulatory Compliance Continuation Budget 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 STATE FUNDS $22,387,123 $22,387,123 $22,387,123 State General Funds $22,387,123 $22,387,123 $22,387,123 TOTAL FEDERAL FUNDS $8,225,540 $8,225,540 $8,225,540 CCDF Mandatory & Matching Funds CFDA93.596 $780 $780 $780 Federal Funds Not Itemized $6,533,524 $6,533,524 $6,533,524 Maternal & Child Health Services Block Grant CFDA93.994 $194,703 $194,703 $194,703 Medical Assistance Program CFDA93.778 $12,257 $12,257 $12,257 Preventive Health & Health Services Block Grant CFDA93.991 $1,484,276 $1,484,276 $1,484,276 TOTAL PUBLIC FUNDS $30,612,663 $30,612,663 $30,612,663 Changes in Operations / Administration 992.1 Transfer funds and activities from to create the program "Emergency Preparedness and Response", " Facility & Provider Regulation," and, "Environmental Protection & Hazard Control"(G:YES)(H and S:Transfer to "Emergency Preparedness/Trauma System Improvement", "Facility and Provider Regulation", and "Inspections and Environmental Hazard Control") State General Funds ($22,387,123) ($22,387,123) ($22,387,123) CCDF Mandatory & Matching Funds CFDA93.596 ($780) ($780) ($780) Federal Funds Not Itemized ($6,533,524) ($6,533,524) ($6,533,524) Maternal & Child Health Services Block Grant CFDA93.994 ($194,703) ($194,703) ($194,703) Medical Assistance Program CFDA93.778 ($12,257) ($12,257) ($12,257) Preventive Health & Health Services Block Grant CFDA93.991 ($1,484,276) ($1,484,276) ($1,484,276) THURSDAY, MARCH 23, 2006 4175 TOTAL PUBLIC FUNDS ($30,612,663) ($30,612,663) ($30,612,663) Sexually Transmitted Diseases Treatment and Control Continuation Budget The purpose is to prevent and reduce the spread of sexually transmitted diseases through education, case reporting, health screening, partner notification, and treatment. TOTAL STATE FUNDS $4,480,066 $4,480,066 $4,480,066 State General Funds $4,480,066 $4,480,066 $4,480,066 TOTAL FEDERAL FUNDS $2,297,423 $2,297,423 $2,297,423 Federal Funds Not Itemized $2,297,423 $2,297,423 $2,297,423 TOTAL PUBLIC FUNDS $6,777,489 $6,777,489 $6,777,489 Changes in Operations / Administration 993.1 Transfer funds and activities to create the program "Infectious Disease Control". State General Funds ($4,480,066) ($4,480,066) ($4,480,066) Federal Funds Not Itemized ($2,297,423) ($2,297,423) ($2,297,423) TOTAL PUBLIC FUNDS ($6,777,489) ($6,777,489) ($6,777,489) State Hospital Facilities Continuation Budget 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 STATE FUNDS $61,482,028 $61,482,028 $61,482,028 State General Funds $61,482,028 $61,482,028 $61,482,028 TOTAL FEDERAL FUNDS $5,720,524 $5,720,524 $5,720,524 Federal Funds Not Itemized $5,720,524 $5,720,524 $5,720,524 TOTAL AGENCY FUNDS $2,935,696 $2,935,696 $2,935,696 Sales and Services $2,935,696 $2,935,696 $2,935,696 Sales and Services Not Itemized $2,935,696 $2,935,696 $2,935,696 TOTAL PUBLIC FUNDS $70,138,248 $70,138,248 $70,138,248 Changes in Operations / Administration 994.1 Transfer funds and activities to create the program "Adult Services" (G:YES)(H and S:Transfer to "Adult Forensic Services" and "Adult Mental Health Services"). State General Funds ($61,482,028) ($61,482,028) ($61,482,028) Federal Funds Not Itemized ($5,720,524) ($5,720,524) ($5,720,524) 4176 JOURNAL OF THE HOUSE Sales and Services Not Itemized ($2,935,696) ($2,935,696) ($2,935,696) TOTAL PUBLIC FUNDS ($70,138,248) ($70,138,248) ($70,138,248) State Hospital Facilities - Other Care Continuation Budget The purpose is to provide inpatient psychiatric evaluation and treatment with an emphasis on stabilization and planning. TOTAL STATE FUNDS $35,713,500 $35,713,500 $35,713,500 State General Funds $35,713,500 $35,713,500 $35,713,500 TOTAL FEDERAL FUNDS $161,867 $161,867 $161,867 Federal Funds Not Itemized $161,867 $161,867 $161,867 TOTAL AGENCY FUNDS $53,767,732 $53,767,732 $53,767,732 Sales and Services $53,767,732 $53,767,732 $53,767,732 Sales and Services Not Itemized $53,767,732 $53,767,732 $53,767,732 TOTAL PUBLIC FUNDS $89,643,099 $89,643,099 $89,643,099 Changes in Operations / Administration 995.1 Transfer funds and activities to create the program "Adult Services" (G:YES)(H and S:.Transfer to "Adult Developmental Disabilities Services" and "Child & Adolescent Mental Health Services"). State General Funds ($35,713,500) ($35,713,500) ($35,713,500) Federal Funds Not Itemized ($161,867) ($161,867) ($161,867) Sales and Services Not Itemized ($53,767,732) ($53,767,732) ($53,767,732) TOTAL PUBLIC FUNDS ($89,643,099) ($89,643,099) ($89,643,099) Tobacco Use Prevention Continuation Budget 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 STATE FUNDS $2,211,034 $2,211,034 $2,211,034 State General Funds $61,159 $61,159 $61,159 Tobacco Settlement Funds $2,149,875 $2,149,875 $2,149,875 TOTAL PUBLIC FUNDS $2,211,034 $2,211,034 $2,211,034 Changes in Operations / Administration 996.1 Transfer funds and activities to create the program "Chronic Disease Prevention & Health Promotion" (G:YES)(H and S:Transfer to "Adolescent & Adult Health Promotion"). State General Funds ($61,159) ($61,159) ($61,159) Tobacco Settlement Funds ($2,149,875) ($2,149,875) ($2,149,875) THURSDAY, MARCH 23, 2006 4177 TOTAL PUBLIC FUNDS ($2,211,034) ($2,211,034) ($2,211,034) Tuberculosis Treatment and Control Continuation Budget The purpose of the Georgia Tuberculosis Program is to control transmission, prevent illness and ensure treatment of disease due to tuberculosis. TOTAL STATE FUNDS $7,404,277 $7,404,277 $7,404,277 State General Funds $7,404,277 $7,404,277 $7,404,277 TOTAL FEDERAL FUNDS $1,613,061 $1,613,061 $1,613,061 Federal Funds Not Itemized $1,613,061 $1,613,061 $1,613,061 TOTAL PUBLIC FUNDS $9,017,338 $9,017,338 $9,017,338 Changes in Operations / Administration 997.1 Transfer funds and activities to create the program "Infectious Disease Control". State General Funds ($7,404,277) ($7,404,277) ($7,404,277) Federal Funds Not Itemized ($1,613,061) ($1,613,061) ($1,613,061) TOTAL PUBLIC FUNDS ($9,017,338) ($9,017,338) ($9,017,338) Women, Infants and Children Continuation Budget The purpose is an adjunct to prenatal and postpartum care during critical periods of growth. TOTAL STATE FUNDS $0 $0 $0 TOTAL FEDERAL FUNDS $84,978,869 $84,978,869 $84,978,869 Federal Funds Not Itemized $84,978,869 $84,978,869 $84,978,869 TOTAL PUBLIC FUNDS $84,978,869 $84,978,869 $84,978,869 Changes in Operations / Administration 998.1 Transfer funds and activities to create the program "Chronic Disease Prevention & Health Promotion" (G:YES)(H and S:Transfer to "Infant & Child Health Promotion"). Federal Funds Not Itemized ($84,978,869) ($84,978,869) ($84,978,869) Women's Health Services Continuation Budget The purpose is to reduce unintended pregnancies and improve the health of women, the partners, and infants. TOTAL STATE FUNDS $8,910,650 $8,910,650 $8,910,650 State General Funds $8,910,650 $8,910,650 $8,910,650 TOTAL FEDERAL FUNDS $19,098,161 $19,098,161 $19,098,161 Federal Funds Not Itemized $6,391,975 $6,391,975 $6,391,975 Maternal & Child Health Services Block Grant CFDA93.994 $470,537 $470,537 $470,537 4178 JOURNAL OF THE HOUSE Medical Assistance Program CFDA93.778 $335,432 $335,432 $335,432 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $11,858,523 $11,858,523 $11,858,523 Temporary Assistance for Needy Families Block Grant CFDA $11,858,523 $11,858,523 $11,858,523 93.558 TOTAL PUBLIC FUNDS $28,008,811 $28,008,811 $28,008,811 Changes in Operations / Administration 999.1 Transfer funds and activities to create the program "Chronic Disease Prevention & Health Promotion" and "Essential Public Health Clinical Services"(G:YES)(H and S:Transfer to "Adolescent & Adult Health Promotion" and "Infant & Child Essential Health Services). State General Funds ($8,910,650) ($8,910,650) ($8,910,650) Federal Funds Not Itemized ($6,391,975) ($6,391,975) ($6,391,975) Maternal & Child Health Services Block Grant CFDA93.994 ($470,537) ($470,537) ($470,537) Medical Assistance Program CFDA93.778 ($335,432) ($335,432) ($335,432) Preventive Health & Health Services Block Grant CFDA93.991 ($41,694) ($41,694) ($41,694) Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($11,858,523) ($11,858,523) ($11,858,523) TOTAL PUBLIC FUNDS ($28,008,811) ($28,008,811) ($28,008,811) 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. THURSDAY, MARCH 23, 2006 4179 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. Section 28: Insurance, Department of Section Total - Continuation TOTAL STATE FUNDS $16,814,408 $16,814,408 $16,814,408 State General Funds $16,814,408 $16,814,408 $16,814,408 TOTAL FEDERAL FUNDS $954,555 $954,555 $954,555 Federal Funds Not Itemized $954,555 $954,555 $954,555 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $81,945 $81,945 $81,945 TOTAL PUBLIC FUNDS $17,850,908 $17,850,908 $17,850,908 Section Total - Final TOTAL STATE FUNDS $17,686,741 $17,686,741 $17,686,741 State General Funds $17,686,741 $17,686,741 $17,686,741 TOTAL FEDERAL FUNDS $954,555 $954,555 $954,555 Federal Funds Not Itemized $954,555 $954,555 $954,555 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $97,232 $97,232 $97,232 TOTAL PUBLIC FUNDS $18,738,528 $18,738,528 $18,738,528 Departmental Administration Continuation Budget 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 STATE FUNDS $2,203,831 $2,203,831 $2,203,831 State General Funds $2,203,831 $2,203,831 $2,203,831 TOTAL PUBLIC FUNDS $2,203,831 $2,203,831 $2,203,831 Statewide Changes 237.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $92,105 $92,105 $92,105 4180 JOURNAL OF THE HOUSE 237. Departmental Administration Appropriation (HB1027) The purpose of this appropriation is to be responsible for protecting the rights of Georgia citizens in insurance and industrial loan transactions and maintain a fire safe environment. TOTAL STATE FUNDS $2,295,936 $2,295,936 $2,295,936 State General Funds $2,295,936 $2,295,936 $2,295,936 TOTAL PUBLIC FUNDS $2,295,936 $2,295,936 $2,295,936 Enforcement Continuation Budget 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 STATE FUNDS $767,482 $767,482 $767,482 State General Funds $767,482 $767,482 $767,482 TOTAL PUBLIC FUNDS $767,482 $767,482 $767,482 Statewide Changes 238.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $44,748 $44,748 $44,748 238. Enforcement Appropriation (HB1027) The purpose of this appropriation is to provide legal advice and to initiate legal proceedings with regard to enforcement of specific provisions of state law relating to insurance, industrial loan, fire safety and fraud. TOTAL STATE FUNDS $812,230 $812,230 $812,230 State General Funds $812,230 $812,230 $812,230 TOTAL PUBLIC FUNDS $812,230 $812,230 $812,230 Fire Safety Continuation Budget 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 STATE FUNDS $4,955,173 $4,955,173 $4,955,173 State General Funds $4,955,173 $4,955,173 $4,955,173 TOTAL FEDERAL FUNDS $954,555 $954,555 $954,555 Federal Funds Not Itemized $954,555 $954,555 $954,555 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $81,945 $81,945 $81,945 Agency to Agency Contracts $81,945 $81,945 $81,945 TOTAL PUBLIC FUNDS $5,991,673 $5,991,673 $5,991,673 THURSDAY, MARCH 23, 2006 4181 Statewide Changes 239.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $179,558 $179,558 $179,558 Agency to Agency Contracts $15,287 $15,287 $15,287 TOTAL PUBLIC FUNDS $194,845 $194,845 $194,845 239. Fire Safety Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $5,134,731 $5,134,731 $5,134,731 State General Funds $5,134,731 $5,134,731 $5,134,731 TOTAL FEDERAL FUNDS $954,555 $954,555 $954,555 Federal Funds Not Itemized $954,555 $954,555 $954,555 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $97,232 $97,232 $97,232 Agency to Agency Contracts $97,232 $97,232 $97,232 TOTAL PUBLIC FUNDS $6,186,518 $6,186,518 $6,186,518 Industrial Loan Continuation Budget The purpose is to protect consumers by licensing, regulating and examining finance companies that provide consumer loans of $3,000 or less. TOTAL STATE FUNDS $688,827 $688,827 $688,827 State General Funds $688,827 $688,827 $688,827 TOTAL PUBLIC FUNDS $688,827 $688,827 $688,827 Statewide Changes 240.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $34,299 $34,299 $34,299 240. Industrial Loan Appropriation (HB1027) The purpose of this appropriation is to protect consumers by licensing, regulating and examining finance companies that provide consumer loans of $3,000 or less. TOTAL STATE FUNDS $723,126 $723,126 $723,126 State General Funds $723,126 $723,126 $723,126 TOTAL PUBLIC FUNDS $723,126 $723,126 $723,126 4182 JOURNAL OF THE HOUSE Insurance Regulation Continuation Budget The purpose is to ensure that licensed insurance entities maintain solvency, comply with state law and adopt rules, regulations, and standards. TOTAL STATE FUNDS $5,396,059 $5,396,059 $5,396,059 State General Funds $5,396,059 $5,396,059 $5,396,059 TOTAL PUBLIC FUNDS $5,396,059 $5,396,059 $5,396,059 Statewide Changes 241.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $221,895 $221,895 $221,895 241. Insurance Regulation Appropriation (HB1027) The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency, comply with state law and adopt rules, regulations, and standards. TOTAL STATE FUNDS $5,617,954 $5,617,954 $5,617,954 State General Funds $5,617,954 $5,617,954 $5,617,954 TOTAL PUBLIC FUNDS $5,617,954 $5,617,954 $5,617,954 Special Fraud Continuation Budget The purpose is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $2,803,036 $2,803,036 $2,803,036 State General Funds $2,803,036 $2,803,036 $2,803,036 TOTAL PUBLIC FUNDS $2,803,036 $2,803,036 $2,803,036 Statewide Changes 242.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $102,764 $102,764 $102,764 Changes in the Size of the Program 242.2 Increase funding. State General Funds $196,964 $196,964 $196,964 242. Special Fraud Appropriation (HB1027) The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $3,102,764 $3,102,764 $3,102,764 State General Funds $3,102,764 $3,102,764 $3,102,764 TOTAL PUBLIC FUNDS $3,102,764 $3,102,764 $3,102,764 THURSDAY, MARCH 23, 2006 4183 Section 29: Investigation, Georgia Bureau of Section Total - Continuation TOTAL STATE FUNDS $62,410,151 $62,410,151 $62,410,151 State General Funds $62,410,151 $62,410,151 $62,410,151 TOTAL FEDERAL FUNDS $29,876,675 $29,876,675 $29,876,675 Federal Funds Not Itemized $29,876,675 $29,876,675 $29,876,675 TOTAL AGENCY FUNDS $4,671,438 $4,671,438 $4,671,438 Sales and Services $4,671,438 $4,671,438 $4,671,438 TOTAL PUBLIC FUNDS $96,958,264 $96,958,264 $96,958,264 Section Total - Final TOTAL STATE FUNDS $65,891,012 $65,603,386 $67,876,672 State General Funds $65,891,012 $65,603,386 $67,876,672 TOTAL FEDERAL FUNDS $29,876,675 $29,876,675 $59,775,752 Federal Funds Not Itemized $29,876,675 $29,876,675 $59,775,752 TOTAL AGENCY FUNDS $4,887,711 $4,887,711 $8,949,075 Sales and Services $4,887,711 $4,887,711 $8,949,075 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $13,453 TOTAL PUBLIC FUNDS $100,655,398 $100,367,772 $136,614,952 Bureau Administration Continuation Budget 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 STATE FUNDS $9,463,895 $9,463,895 $9,463,895 State General Funds $9,463,895 $9,463,895 $9,463,895 TOTAL PUBLIC FUNDS $9,463,895 $9,463,895 $9,463,895 Statewide Changes 243.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $170,182 $170,182 $170,182 Sales and Services Not Itemized $1,434 $1,434 $1,434 TOTAL PUBLIC FUNDS $171,616 $171,616 $171,616 Changes in How the Program is Funded 243.2 Add funds to properly reflect operating budget represented in HB1026. 4184 JOURNAL OF THE HOUSE Federal Funds Not Itemized $103,000 243. Bureau Administration Appropriation (HB1027) The purpose of this appropriation is to provide the highest quality investigative, scientific, information services, and resources for the purpose of maintaining law and order and protecting life and property. TOTAL STATE FUNDS $9,634,077 $9,634,077 $9,634,077 State General Funds $9,634,077 $9,634,077 $9,634,077 TOTAL FEDERAL FUNDS $103,000 Federal Funds Not Itemized $103,000 TOTAL AGENCY FUNDS $1,434 $1,434 $1,434 Sales and Services $1,434 $1,434 $1,434 Sales and Services Not Itemized $1,434 $1,434 $1,434 TOTAL PUBLIC FUNDS $9,635,511 $9,635,511 $9,738,511 Centralized Scientific Services Continuation Budget The purpose is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. TOTAL STATE FUNDS $12,160,701 $12,160,701 $12,160,701 State General Funds $12,160,701 $12,160,701 $12,160,701 TOTAL PUBLIC FUNDS $12,160,701 $12,160,701 $12,160,701 Statewide Changes 244.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $444,850 $444,850 $444,850 Sales and Services Not Itemized $3,601 $3,601 $3,601 TOTAL PUBLIC FUNDS $448,451 $448,451 $448,451 Changes in How the Program is Funded 244.2 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $714,872 TOTAL PUBLIC FUNDS $714,872 244. Centralized Scientific Services Appropriation (HB1027) The purpose of this appropriation is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. TOTAL STATE FUNDS $12,605,551 $12,605,551 $12,605,551 State General Funds $12,605,551 $12,605,551 $12,605,551 THURSDAY, MARCH 23, 2006 4185 TOTAL FEDERAL FUNDS $714,872 Federal Funds Not Itemized $714,872 TOTAL AGENCY FUNDS $3,601 $3,601 $3,601 Sales and Services $3,601 $3,601 $3,601 Sales and Services Not Itemized $3,601 $3,601 $3,601 TOTAL PUBLIC FUNDS $12,609,152 $12,609,152 $13,324,024 Criminal Justice Information Services Continuation Budget The purpose is to provide fingerprint identification and processing of criminal history source documents to create and update criminal history records. TOTAL STATE FUNDS $9,252,470 $9,252,470 $9,252,470 State General Funds $9,252,470 $9,252,470 $9,252,470 TOTAL PUBLIC FUNDS $9,252,470 $9,252,470 $9,252,470 Statewide Changes 245.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $321,914 $321,914 $321,914 Sales and Services Not Itemized $2,604 $2,604 $2,604 TOTAL PUBLIC FUNDS $324,518 $324,518 $324,518 Changes in How the Program is Funded 245.3 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $14,248,099 TOTAL PUBLIC FUNDS $14,248,099 Changes in the Size of the Program 245.2 Provide funds to maintain the Uniform Crime Reporting (UCR) Unit. State General Funds $184,250 $184,250 $184,250 245. Criminal Justice Information Services Appropriation (HB1027) The purpose of this appropriation is to provide fingerprint identification and processing of criminal history source documents to create and update criminal history records. TOTAL STATE FUNDS $9,758,634 $9,758,634 $9,758,634 State General Funds $9,758,634 $9,758,634 $9,758,634 TOTAL FEDERAL FUNDS $14,248,099 Federal Funds Not Itemized $14,248,099 4186 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS $2,604 $2,604 $2,604 Sales and Services $2,604 $2,604 $2,604 Sales and Services Not Itemized $2,604 $2,604 $2,604 TOTAL PUBLIC FUNDS $9,761,238 $9,761,238 $24,009,337 Georgia Information Sharing and Analysis Center Continuation Budget 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 STATE FUNDS $775,258 $775,258 $775,258 State General Funds $775,258 $775,258 $775,258 TOTAL PUBLIC FUNDS $775,258 $775,258 $775,258 Statewide Changes 246.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $42,916 $42,916 $42,916 Sales and Services Not Itemized $479 $479 $479 TOTAL PUBLIC FUNDS $43,395 $43,395 $43,395 Changes to the Purpose or the Purpose Measure 246.2 SAC: The purpose of this appropriation is to serve as the focal point for collection, analysis and dissemination of information relative to threats or attacks, of a terrorist nature, within and against the State of Georgia, its citizens, or infrastructure. House: The purpose of this appropriation is to serve as the focal point for collection, analysis and dissemination of information relative to threats or attacks, of a terrorist nature, within and against the State of Georgia, its citizens, or infrastructure. State General Funds $0 $0 Changes in How the Program is Funded 246.3 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $1,080,476 TOTAL PUBLIC FUNDS $1,080,476 246. Georgia Information Sharing and Analysis Center Appropriation (HB1027) The purpose of this appropriation is to serve as the focal point for collection, analysis and dissemination of information relative to threats or attacks, of a terrorist nature, within and against the State of Georgia, its citizens, or infrastructure. TOTAL STATE FUNDS $818,174 $818,174 $818,174 THURSDAY, MARCH 23, 2006 4187 State General Funds $818,174 $818,174 $818,174 TOTAL FEDERAL FUNDS $1,080,476 Federal Funds Not Itemized $1,080,476 TOTAL AGENCY FUNDS $479 $479 $479 Sales and Services $479 $479 $479 Sales and Services Not Itemized $479 $479 $479 TOTAL PUBLIC FUNDS $818,653 $818,653 $1,899,129 Regional Forensic Services Continuation Budget The purpose is to provide pathology services to determine cause and manner of death. TOTAL STATE FUNDS $7,926,106 $7,926,106 $7,926,106 State General Funds $7,926,106 $7,926,106 $7,926,106 TOTAL PUBLIC FUNDS $7,926,106 $7,926,106 $7,926,106 Statewide Changes 247.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $289,560 $289,560 $289,560 Sales and Services Not Itemized $2,255 $2,255 $2,255 TOTAL PUBLIC FUNDS $291,815 $291,815 $291,815 247. Regional Forensic Services Appropriation (HB1027) The purpose of this appropriation is to provide pathology services to determine cause and manner of death. TOTAL STATE FUNDS $8,215,666 $8,215,666 $8,215,666 State General Funds $8,215,666 $8,215,666 $8,215,666 TOTAL AGENCY FUNDS $2,255 $2,255 $2,255 Sales and Services $2,255 $2,255 $2,255 Sales and Services Not Itemized $2,255 $2,255 $2,255 TOTAL PUBLIC FUNDS $8,217,921 $8,217,921 $8,217,921 Regional Investigative Services Continuation Budget The purpose is to identify, collect, preserve, and process evidence located during crime scene examinations. TOTAL STATE FUNDS $19,213,518 $19,213,518 $19,213,518 State General Funds $19,213,518 $19,213,518 $19,213,518 TOTAL PUBLIC FUNDS $19,213,518 $19,213,518 $19,213,518 4188 JOURNAL OF THE HOUSE Statewide Changes 248.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $735,377 $735,377 $735,377 Sales and Services Not Itemized $5,999 $5,999 $5,999 TOTAL PUBLIC FUNDS $741,376 $741,376 $741,376 Changes in Operations / Administration 248.4 Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement personnel: Special Agent 3 positions.(S:Add Special Agents 1, Special Agents 2, ASAC/Multi- Jurisdictional Task Force, and Narcotics Agents) State General Funds $112,374 $190,579 Changes in How the Program is Funded 248.2 Replace state funds for applicant polygraph testing in the Polygraph Unit with revenues generated from fee-for- service collections. State General Funds ($198,483) ($198,483) ($198,483) Sales and Services Not Itemized $198,483 $198,483 $198,483 TOTAL PUBLIC FUNDS $0 $0 $0 248.5 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $1,445,886 Agency to Agency Contracts $13,453 TOTAL PUBLIC FUNDS $1,459,339 Changes in the Size of the Program 248.3 Establish the Meth Force to investigate methamphetamine-related crimes by funding an agent school to fill fifteen agent vacancies and associated operating expenses. State General Funds $1,018,090 $1,018,090 $1,018,090 248. Regional Investigative Services Appropriation (HB1027) The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene examinations. TOTAL STATE FUNDS $20,768,502 $20,880,876 $20,959,081 State General Funds $20,768,502 $20,880,876 $20,959,081 TOTAL FEDERAL FUNDS $1,445,886 Federal Funds Not Itemized $1,445,886 THURSDAY, MARCH 23, 2006 4189 TOTAL AGENCY FUNDS $204,482 $204,482 $204,482 Sales and Services $204,482 $204,482 $204,482 Sales and Services Not Itemized $204,482 $204,482 $204,482 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $13,453 Agency to Agency Contracts $13,453 TOTAL PUBLIC FUNDS $20,972,984 $21,085,358 $22,622,902 Special Operations Unit Continuation Budget 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 STATE FUNDS $673,951 $673,951 $673,951 State General Funds $673,951 $673,951 $673,951 TOTAL PUBLIC FUNDS $673,951 $673,951 $673,951 Statewide Changes 249.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $25,203 $25,203 $25,203 Sales and Services Not Itemized $200 $200 $200 TOTAL PUBLIC FUNDS $25,403 $25,403 $25,403 Changes to the Purpose or the Purpose Measure 249.2 SAC: The purpose of this appropriation is to render safe explosive devices of all types. House: The purpose of this appropriation is to render safe explosive devices of all types. State General Funds $0 $0 Changes in How the Program is Funded 249.3 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $3,696,148 249. Special Operations Unit Appropriation (HB1027) The purpose of this appropriation is to render safe explosive devices of all types. TOTAL STATE FUNDS $699,154 $699,154 $699,154 State General Funds $699,154 $699,154 $699,154 TOTAL FEDERAL FUNDS $3,696,148 Federal Funds Not Itemized $3,696,148 TOTAL AGENCY FUNDS $200 $200 $200 4190 JOURNAL OF THE HOUSE Sales and Services $200 $200 $200 Sales and Services Not Itemized $200 $200 $200 TOTAL PUBLIC FUNDS $699,354 $699,354 $4,395,502 State Healthcare Fraud Unit Continuation Budget The purpose is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. TOTAL STATE FUNDS $1,092,276 $1,092,276 $1,092,276 State General Funds $1,092,276 $1,092,276 $1,092,276 TOTAL PUBLIC FUNDS $1,092,276 $1,092,276 $1,092,276 Statewide Changes 250.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $31,845 $31,845 $31,845 Sales and Services Not Itemized $387 $387 $387 TOTAL PUBLIC FUNDS $32,232 $32,232 $32,232 Changes in How the Program is Funded 250.2 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $1,305,438 Sales and Services Not Itemized $20,364 TOTAL PUBLIC FUNDS $1,325,802 250. State Healthcare Fraud Unit Appropriation (HB1027) The purpose of this appropriation is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. TOTAL STATE FUNDS $1,124,121 $1,124,121 $1,124,121 State General Funds $1,124,121 $1,124,121 $1,124,121 TOTAL FEDERAL FUNDS $1,305,438 Federal Funds Not Itemized $1,305,438 TOTAL AGENCY FUNDS $387 $387 $20,751 Sales and Services $387 $387 $20,751 Sales and Services Not Itemized $387 $387 $20,751 TOTAL PUBLIC FUNDS $1,124,508 $1,124,508 $2,450,310 Task Forces Continuation Budget The purpose is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. THURSDAY, MARCH 23, 2006 4191 TOTAL STATE FUNDS $1,033,347 $1,033,347 $1,033,347 State General Funds $1,033,347 $1,033,347 $1,033,347 TOTAL PUBLIC FUNDS $1,033,347 $1,033,347 $1,033,347 Statewide Changes 251.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $42,207 $42,207 $42,207 Sales and Services Not Itemized $376 $376 $376 TOTAL PUBLIC FUNDS $42,583 $42,583 $42,583 Changes in How the Program is Funded 251.3 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $151,627 Changes in What Services are Offered 251.2 Eliminate the High-Intensity Drug Trafficking Area (HIDTA) program, including two positions, which duplicates existing local government efforts. State General Funds ($91,877) ($91,877) ($91,877) 251. Task Forces Appropriation (HB1027) The purpose of this appropriation is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. TOTAL STATE FUNDS $983,677 $983,677 $983,677 State General Funds $983,677 $983,677 $983,677 TOTAL FEDERAL FUNDS $151,627 Federal Funds Not Itemized $151,627 TOTAL AGENCY FUNDS $376 $376 $376 Sales and Services $376 $376 $376 Sales and Services Not Itemized $376 $376 $376 TOTAL PUBLIC FUNDS $984,053 $984,053 $1,135,680 Criminal Justice Coordinating Council Continuation Budget 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 STATE FUNDS $818,629 $818,629 $818,629 State General Funds $818,629 $818,629 $818,629 4192 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS $29,876,675 $29,876,675 $29,876,675 Federal Funds Not Itemized $29,876,675 $29,876,675 $29,876,675 TOTAL AGENCY FUNDS $4,671,438 $4,671,438 $4,671,438 Sales and Services $4,671,438 $4,671,438 $4,671,438 Sales and Services Not Itemized $4,671,438 $4,671,438 $4,671,438 TOTAL PUBLIC FUNDS $35,366,742 $35,366,742 $35,366,742 Statewide Changes 252.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $32,082 $32,082 $32,082 Sales and Services Not Itemized $455 $455 $455 TOTAL PUBLIC FUNDS $32,537 $32,537 $32,537 Changes in What Services are Offered 252.2 Establish a DUI Court grant program to reduce repeat drunk driving offenses. State General Funds $400,000 $0 $100,000 Changes in the Size of the Program 252.3 Increase funds to leverage Federal grant money to be administered in the State. State General Funds $32,745 $32,745 $32,745 252.4 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $7,153,531 Sales and Services Not Itemized $4,041,000 TOTAL PUBLIC FUNDS $11,194,531 252.5 Transfer Victims of Domestic Violence from Judicial Council. State General Funds $2,095,081 252. Criminal Justice Coordinating Council Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $1,283,456 $883,456 $3,078,537 State General Funds $1,283,456 $883,456 $3,078,537 TOTAL FEDERAL FUNDS $29,876,675 $29,876,675 $37,030,206 Federal Funds Not Itemized $29,876,675 $29,876,675 $37,030,206 TOTAL AGENCY FUNDS $4,671,893 $4,671,893 $8,712,893 THURSDAY, MARCH 23, 2006 4193 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,671,893 $4,671,893 $35,832,024 $4,671,893 $4,671,893 $35,432,024 $8,712,893 $8,712,893 $48,821,636 Section 30: Juvenile Justice, Department of Section Total - Continuation TOTAL STATE FUNDS $284,564,467 $284,564,467 $284,564,467 State General Funds $284,564,467 $284,564,467 $284,564,467 TOTAL FEDERAL FUNDS $21,119,067 $21,119,067 $21,119,067 Federal Funds Not Itemized $6,748,847 $6,748,847 $6,748,847 Foster Care Title IV-E CFDA93.658 $5,237,264 $5,237,264 $5,237,264 Medical Assistance Program CFDA93.778 $9,132,956 $9,132,956 $9,132,956 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $144,960 $144,960 $144,960 TOTAL PUBLIC FUNDS $305,828,494 $305,828,494 $305,828,494 Section Total - Final TOTAL STATE FUNDS $296,512,793 $297,395,189 $297,007,111 State General Funds $296,512,793 $297,395,189 $297,007,111 TOTAL FEDERAL FUNDS $21,119,144 $21,119,144 $32,760,948 Federal Funds Not Itemized $6,748,924 $6,748,924 $18,344,140 Foster Care Title IV-E CFDA93.658 $5,237,264 $5,237,264 $5,237,264 Medical Assistance Program CFDA93.778 $9,132,956 $9,132,956 $9,179,544 TOTAL AGENCY FUNDS $48,962 $48,962 $71,967 Sales and Services $48,962 $48,962 $71,967 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $144,960 $144,960 $545,744 TOTAL PUBLIC FUNDS $317,825,859 $318,708,255 $330,385,770 Community Supervision Continuation Budget The purpose is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens. TOTAL STATE FUNDS $36,202,265 $36,202,265 $36,202,265 State General Funds $36,202,265 $36,202,265 $36,202,265 TOTAL FEDERAL FUNDS $4,347,003 $4,347,003 $4,347,003 4194 JOURNAL OF THE HOUSE Foster Care Title IV-E CFDA93.658 $4,291,027 $4,291,027 $4,291,027 Medical Assistance Program CFDA93.778 $55,976 $55,976 $55,976 TOTAL PUBLIC FUNDS $40,549,268 $40,549,268 $40,549,268 Statewide Changes 253.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $1,280,615 $1,280,615 $1,280,615 Sales and Services Not Itemized $7,898 $7,898 $7,898 TOTAL PUBLIC FUNDS $1,288,513 $1,288,513 $1,288,513 Changes in How the Program is Funded 253.5 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $1,067,024 TOTAL PUBLIC FUNDS $1,067,024 Changes in the Size of the Program 253.2 Reduce the costs of part-time positions, excluding mission critical positions in medical, education and behavioral health. State General Funds ($74,514) ($74,514) ($74,514) 253.3 Add sixty-seven Juvenile Probation and Parole Specialist positions to improve community-based services and reduce caseloads. State General Funds $3,214,336 $3,214,336 $3,214,336 253.4 Expand the Intensive Supervision Program by providing thirty additional staff to offer increased monitoring and rehabilitative services to youth placed in community settings.(S:Delay positions until January 1,2007) State General Funds $1,306,663 $1,306,663 $606,663 253. Community Supervision Appropriation (HB1027) The purpose of this appropriation is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens. TOTAL STATE FUNDS $41,929,365 $41,929,365 $41,229,365 State General Funds $41,929,365 $41,929,365 $41,229,365 TOTAL FEDERAL FUNDS $4,347,003 $4,347,003 $5,414,027 Federal Funds Not Itemized $1,067,024 Foster Care Title IV-E CFDA93.658 $4,291,027 $4,291,027 $4,291,027 Medical Assistance Program CFDA93.778 $55,976 $55,976 $55,976 THURSDAY, MARCH 23, 2006 4195 TOTAL AGENCY FUNDS $7,898 $7,898 $7,898 Sales and Services $7,898 $7,898 $7,898 Sales and Services Not Itemized $7,898 $7,898 $7,898 TOTAL PUBLIC FUNDS $46,284,266 $46,284,266 $46,651,290 Departmental Administration Continuation Budget 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 STATE FUNDS $26,168,662 $26,168,662 $26,168,662 State General Funds $26,168,662 $26,168,662 $26,168,662 TOTAL FEDERAL FUNDS $198,219 $198,219 $198,219 Federal Funds Not Itemized $177,621 $177,621 $177,621 Medical Assistance Program CFDA93.778 $20,598 $20,598 $20,598 TOTAL PUBLIC FUNDS $26,366,881 $26,366,881 $26,366,881 Statewide Changes 254.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $680,706 $680,706 $680,706 Sales and Services Not Itemized $4,333 $4,333 $4,333 TOTAL PUBLIC FUNDS $685,039 $685,039 $685,039 Changes in Operations / Administration 254.5 Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following positions: Juvenile Correction Officer 1 and Juvenile Correction Officer 2.(S:Add Juvenile Probation/Parole Specialists 1, Juvenile Probation/Parole Specialists 2, and Transfer Officers) State General Funds $882,396 $1,144,318 Changes in How the Program is Funded 254.6 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $2,586,606 Medical Assistance Program CFDA93.778 $46,588 Sales and Services Not Itemized $9,905 TOTAL PUBLIC FUNDS $2,643,099 4196 JOURNAL OF THE HOUSE Changes in the Size of the Program 254.2 Transfer contract inflation adjustment and other funds from Community Non-Secure Services to reflect actual program expenditures. State General Funds $177,557 $177,557 $177,557 254.3 Reduce funds. State General Funds ($300,000) ($300,000) ($300,000) 254.4 Add twelve Facility-Based Investigations staff to satisfy timeliness requirements for incident investigations. State General Funds $499,524 $499,524 $499,524 254. Departmental Administration Appropriation (HB1027) The purpose of this appropriation is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their actions through the delivery of effective services in appropriate settings. TOTAL STATE FUNDS $27,226,449 $28,108,845 $28,370,767 State General Funds $27,226,449 $28,108,845 $28,370,767 TOTAL FEDERAL FUNDS $198,219 $198,219 $2,831,413 Federal Funds Not Itemized $177,621 $177,621 $2,764,227 Medical Assistance Program CFDA93.778 $20,598 $20,598 $67,186 TOTAL AGENCY FUNDS $4,333 $4,333 $14,238 Sales and Services $4,333 $4,333 $14,238 Sales and Services Not Itemized $4,333 $4,333 $14,238 TOTAL PUBLIC FUNDS $27,429,001 $28,311,397 $31,216,418 Non-secure Commitment Continuation Budget 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 STATE FUNDS $38,464,748 $38,464,748 $38,464,748 State General Funds $38,464,748 $38,464,748 $38,464,748 TOTAL FEDERAL FUNDS $10,002,619 $10,002,619 $10,002,619 Foster Care Title IV-E CFDA93.658 $946,237 $946,237 $946,237 Medical Assistance Program CFDA93.778 $9,056,382 $9,056,382 $9,056,382 TOTAL PUBLIC FUNDS $48,467,367 $48,467,367 $48,467,367 THURSDAY, MARCH 23, 2006 4197 Changes in Operations / Administration 255.1 Transfer funds and activities from Non-secure Commitment and Non-Secure Detention to create Community Non- secure Services program. State General Funds ($38,464,748) ($38,464,748) ($38,464,748) Foster Care Title IV-E CFDA93.658 ($946,237) ($946,237) ($946,237) Medical Assistance Program CFDA93.778 ($9,056,382) ($9,056,382) ($9,056,382) TOTAL PUBLIC FUNDS ($48,467,367) ($48,467,367) ($48,467,367) Non-secure Detention Continuation Budget 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 STATE FUNDS $9,088,116 $9,088,116 $9,088,116 State General Funds $9,088,116 $9,088,116 $9,088,116 TOTAL PUBLIC FUNDS $9,088,116 $9,088,116 $9,088,116 Changes in Operations / Administration 256.1 Transfer funds and activities from Non-secure Commitment and Non-secure Detention to create Community Non- secure Services program. State General Funds ($9,088,116) ($9,088,116) ($9,088,116) Secure Commitment (YDCs) Continuation Budget The purpose is to protect the public, hold youth accountable for their actions, and assist juvenile offenders in becoming law-abiding citizens. TOTAL STATE FUNDS $83,766,215 $83,766,215 $83,766,215 State General Funds $83,766,215 $83,766,215 $83,766,215 TOTAL FEDERAL FUNDS $3,302,426 $3,302,426 $3,302,426 Federal Funds Not Itemized $3,302,426 $3,302,426 $3,302,426 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $48,800 $48,800 $48,800 Agency to Agency Contracts $48,800 $48,800 $48,800 TOTAL PUBLIC FUNDS $87,117,441 $87,117,441 $87,117,441 Statewide Changes 257.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $2,572,295 $2,572,295 $2,572,295 Sales and Services Not Itemized $15,470 $15,470 $15,470 4198 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $2,587,765 $2,587,765 $2,587,765 Changes in Operations / Administration 257.2 Convert sixteen part-time Medical Clerk positions to sixteen full-time staff to improve medical records maintenance. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 257.3 Reduce fifteen Short-Term Intermediate Intervention Program beds by utilizing existing capacity at the Augusta YDC facility and reducing costs. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 257.4 Convert eleven part-time dental positions to four full-time dentists, five full-time dental assistants and two full-time hygienists to satisfy current need for dental services. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 Changes in How the Program is Funded 257.8 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $1,143,476 Agency to Agency Contracts $37,463 TOTAL PUBLIC FUNDS $1,180,939 Changes in the Size of the Program 257.5 Transfer contract inflation adjustment to Administration and Secure Detention to reflect actual program expenditures. State General Funds ($58,011) ($58,011) ($58,011) 257.6 Transfer funds to Secure Detention and add fifty-six positions to perform all facility maintenance services in house rather than by contract. State General Funds ($241,949) ($241,949) $0 257.7 Reduce the costs of part-time positions, excluding mission critical positions in medical, education and behavioral health. State General Funds ($144,396) ($144,396) ($144,396) 257. Secure Commitment (YDCs) Appropriation (HB1027) The purpose of this appropriation is to protect the public, hold youth accountable for their actions, and assist juvenile offenders in becoming law-abiding citizens. TOTAL STATE FUNDS $85,894,154 $85,894,154 $86,136,103 State General Funds $85,894,154 $85,894,154 $86,136,103 THURSDAY, MARCH 23, 2006 4199 TOTAL FEDERAL FUNDS $3,302,426 $3,302,426 $4,445,902 Federal Funds Not Itemized $3,302,426 $3,302,426 $4,445,902 TOTAL AGENCY FUNDS $15,470 $15,470 $15,470 Sales and Services $15,470 $15,470 $15,470 Sales and Services Not Itemized $15,470 $15,470 $15,470 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $48,800 $48,800 $86,263 Agency to Agency Contracts $48,800 $48,800 $86,263 TOTAL PUBLIC FUNDS $89,260,850 $89,260,850 $90,683,738 Secure Detention (RYDCs) Continuation Budget 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 STATE FUNDS $89,536,547 $89,536,547 $89,536,547 State General Funds $89,536,547 $89,536,547 $89,536,547 TOTAL FEDERAL FUNDS $1,407,800 $1,407,800 $1,407,800 Federal Funds Not Itemized $1,407,800 $1,407,800 $1,407,800 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $96,160 $96,160 $96,160 Agency to Agency Contracts $96,160 $96,160 $96,160 TOTAL PUBLIC FUNDS $91,040,507 $91,040,507 $91,040,507 Statewide Changes 258.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $3,205,229 $3,205,229 $3,205,229 Sales and Services Not Itemized $20,741 $20,741 $20,741 TOTAL PUBLIC FUNDS $3,225,970 $3,225,970 $3,225,970 Changes in Operations / Administration 258.2 Convert eleven part-time dental positions to four full-time dentists, five full-time dental assistants and two full-time hygienists to satisfy current need for dental services. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 Changes in How the Program is Funded 258.6 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $43,885 4200 JOURNAL OF THE HOUSE Changes in the Size of the Program 258.3 Transfer contract inflation adjustment and funds from Secure Commitment. State General Funds $349,187 $349,187 $349,187 258.4 Transfer funds from Secure Commitment and add fifty-six positions to perform all facility maintenance services in house rather than by contract. State General Funds $241,949 $241,949 $0 258.5 Reduce the costs of part-time positions, excluding mission critical positions in medical, education and behavioral health. State General Funds ($278,525) ($278,525) ($278,525) 258. Secure Detention (RYDCs) Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $93,054,387 $93,054,387 $92,812,438 State General Funds $93,054,387 $93,054,387 $92,812,438 TOTAL FEDERAL FUNDS $1,407,800 $1,407,800 $1,451,685 Federal Funds Not Itemized $1,407,800 $1,407,800 $1,451,685 TOTAL AGENCY FUNDS $20,741 $20,741 $20,741 Sales and Services $20,741 $20,741 $20,741 Sales and Services Not Itemized $20,741 $20,741 $20,741 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $96,160 $96,160 $96,160 Agency to Agency Contracts $96,160 $96,160 $96,160 TOTAL PUBLIC FUNDS $94,579,088 $94,579,088 $94,381,024 Children and Youth Coordinating Council Continuation Budget The purpose is to assist local communities in preventing and reducing juvenile delinquency. TOTAL STATE FUNDS $1,337,914 $1,337,914 $1,337,914 State General Funds $1,337,914 $1,337,914 $1,337,914 TOTAL FEDERAL FUNDS $1,861,000 $1,861,000 $1,861,000 Federal Funds Not Itemized $1,861,000 $1,861,000 $1,861,000 TOTAL PUBLIC FUNDS $3,198,914 $3,198,914 $3,198,914 Statewide Changes 259.1 GTA, GBA, WC, COLA, SHBP and Annualizer THURSDAY, MARCH 23, 2006 4201 State General Funds $12,956 $12,956 $12,956 Federal Funds Not Itemized $77 $77 $77 TOTAL PUBLIC FUNDS $13,033 $13,033 $13,033 Changes in How the Program is Funded 259.3 Offset loss of federal funds. State General Funds $50,000 Changes in the Size of the Program 259.2 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $6,754,225 Sales and Services Not Itemized $13,100 Agency to Agency Contracts $363,321 TOTAL PUBLIC FUNDS $7,130,646 259. Children and Youth Coordinating Council Appropriation (HB1027) The purpose of this appropriation is to assist local communities in preventing and reducing juvenile delinquency. TOTAL STATE FUNDS $1,350,870 $1,350,870 $1,400,870 State General Funds $1,350,870 $1,350,870 $1,400,870 TOTAL FEDERAL FUNDS $1,861,077 $1,861,077 $8,615,302 Federal Funds Not Itemized $1,861,077 $1,861,077 $8,615,302 TOTAL AGENCY FUNDS $13,100 Sales and Services $13,100 Sales and Services Not Itemized $13,100 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $363,321 Agency to Agency Contracts $363,321 TOTAL PUBLIC FUNDS $3,211,947 $3,211,947 $10,392,593 Community Non-Secure Services Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Statewide Changes 429.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $46,380 $46,380 $46,380 Sales and Services Not Itemized $520 $520 $520 4202 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $46,900 $46,900 $46,900 Changes to the Purpose or the Purpose Measure 429.10 SAC: The purpose of this appropriation 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 and/or services for committed you and non-secure, community-based placements and/or services for lower-risk youth. State General Funds $0 Changes in the Size of the Program 429.2 Provide additional Wrap-Around program services to reduce out of home placements and provide stabilization services following placement in a community setting. State General Funds $400,000 $400,000 $400,000 429.3 Provide funding for additional contract staff in the Tracking program to allow for statewide monitoring of youth in community settings. State General Funds $737,154 $737,154 $737,154 429.4 Transfer contract inflation adjustment and other funds to Administration and Secure Detention to reflect actual program expenditures. State General Funds ($468,733) ($468,733) ($468,733) 429.5 Reduce the costs of part-time positions, excluding mission critical positions in medical, education and behavioral health. State General Funds ($13,768) ($13,768) ($13,768) 429.6 Reflect savings in contract costs due to the closure of beds at the Department of Human Resource's West Central Regional Hospital and Northwest Regional Hospital. State General Funds ($464,541) ($464,541) ($464,541) 429.7 Reduce fifteen Short-Term Intermediate Intervention Program beds by utilizing existing capacity at the Augusta YDC facility and reducing contract costs. State General Funds ($1,314,000) ($1,314,000) ($1,314,000) 429.8 Increase Multi-Systematic Therapy services by providing thirty additional slots serving an additional 120 youth. State General Funds $582,212 $582,212 $582,212 429.9 Transfer funds and activities from Non-secure Detention and Non-secure Commitment. State General Funds $47,552,864 $47,552,864 $47,552,864 Foster Care Title IV-E CFDA93.658 $946,237 $946,237 $946,237 Medical Assistance Program CFDA93.778 $9,056,382 $9,056,382 $9,056,382 THURSDAY, MARCH 23, 2006 4203 TOTAL PUBLIC FUNDS $57,555,483 $57,555,483 $57,555,483 429. Community Non-Secure Services Appropriation (HB1027) The purpose of this appropriation 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 and/or services for committed you and non-secure, community-based placements and/or services for lower-risk youth. TOTAL STATE FUNDS $47,057,568 $47,057,568 $47,057,568 State General Funds $47,057,568 $47,057,568 $47,057,568 TOTAL FEDERAL FUNDS $10,002,619 $10,002,619 $10,002,619 Foster Care Title IV-E CFDA93.658 $946,237 $946,237 $946,237 Medical Assistance Program CFDA93.778 $9,056,382 $9,056,382 $9,056,382 TOTAL AGENCY FUNDS $520 $520 $520 Sales and Services $520 $520 $520 Sales and Services Not Itemized $520 $520 $520 TOTAL PUBLIC FUNDS $57,060,707 $57,060,707 $57,060,707 Section 31: Labor, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families $51,010,633 $51,010,633 $273,983,612 $261,082,394 $12,901,218 $30,335,111 $30,335,111 $355,329,356 $51,393,696 $51,393,696 $273,983,612 $261,082,394 $12,901,218 Section Total - Continuation $51,010,633 $51,010,633 $51,010,633 $51,010,633 $273,983,612 $273,983,612 $261,082,394 $261,082,394 $12,901,218 $12,901,218 $30,335,111 $30,335,111 $30,335,111 $30,335,111 $355,329,356 $355,329,356 Section Total - Final $51,757,624 $51,389,846 $51,757,624 $51,389,846 $267,132,971 $270,731,753 $260,731,753 $260,731,753 $6,401,218 $10,000,000 4204 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS $30,335,111 $30,335,111 $30,335,111 Sales and Services $30,335,111 $30,335,111 $30,335,111 TOTAL PUBLIC FUNDS $355,712,419 $349,225,706 $352,456,710 Business Enterprise Program Continuation Budget The purpose is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $339,720 $339,720 $339,720 State General Funds $339,720 $339,720 $339,720 TOTAL FEDERAL FUNDS $1,316,085 $1,316,085 $1,316,085 Federal Funds Not Itemized $1,316,085 $1,316,085 $1,316,085 TOTAL PUBLIC FUNDS $1,655,805 $1,655,805 $1,655,805 Statewide Changes 260.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $4,582 $4,582 $4,582 Changes in the Size of the Program 260.2 Provide for two additional positions to assist in managing the training program. State General Funds $76,000 $76,000 $76,000 260. Business Enterprise Program Appropriation (HB1027) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $420,302 $420,302 $420,302 State General Funds $420,302 $420,302 $420,302 TOTAL FEDERAL FUNDS $1,316,085 $1,316,085 $1,316,085 Federal Funds Not Itemized $1,316,085 $1,316,085 $1,316,085 TOTAL PUBLIC FUNDS $1,736,387 $1,736,387 $1,736,387 Department of Labor Administration Continuation Budget 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 STATE FUNDS $3,236,310 $3,236,310 $3,236,310 State General Funds $3,236,310 $3,236,310 $3,236,310 TOTAL FEDERAL FUNDS $10,859,310 $10,859,310 $10,859,310 Federal Funds Not Itemized $10,859,310 $10,859,310 $10,859,310 THURSDAY, MARCH 23, 2006 4205 TOTAL PUBLIC FUNDS $14,095,620 $14,095,620 $14,095,620 Statewide Changes 261.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $57,420 $57,420 $57,420 Changes in Operations / Administration 261.2 Reduce funding. State General Funds ($14,035) ($14,035) ($14,035) 261.3 Reduce funding. State General Funds ($58,027) ($58,027) Federal Funds Not Itemized ($252,291) ($252,291) TOTAL PUBLIC FUNDS ($310,318) ($310,318) 261. Department of Labor Administration Appropriation (HB1027) The purpose of this appropriation is to work with public and private partners in building a world-class workforce system that contributes to Georgia's economic prosperity. TOTAL STATE FUNDS $3,279,695 $3,221,668 $3,221,668 State General Funds $3,279,695 $3,221,668 $3,221,668 TOTAL FEDERAL FUNDS $10,859,310 $10,607,019 $10,607,019 Federal Funds Not Itemized $10,859,310 $10,607,019 $10,607,019 TOTAL PUBLIC FUNDS $14,139,005 $13,828,687 $13,828,687 Disability Adjudication Section Continuation Budget The purpose is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. TOTAL STATE FUNDS $0 $0 $0 TOTAL FEDERAL FUNDS $55,598,820 $55,598,820 $55,598,820 Federal Funds Not Itemized $55,598,820 $55,598,820 $55,598,820 TOTAL PUBLIC FUNDS $55,598,820 $55,598,820 $55,598,820 262. Disability Adjudication Section Appropriation (HB1027) The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. TOTAL FEDERAL FUNDS $55,598,820 $55,598,820 $55,598,820 Federal Funds Not Itemized $55,598,820 $55,598,820 $55,598,820 4206 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $55,598,820 $55,598,820 $55,598,820 Division of Rehabilitation Administration Continuation Budget The purpose is to help people with disabilities to become fully productive members of society by achieving independence and meaningful employment. TOTAL STATE FUNDS $2,167,612 $2,167,612 $2,167,612 State General Funds $2,167,612 $2,167,612 $2,167,612 TOTAL FEDERAL FUNDS $1,481,868 $1,481,868 $1,481,868 Federal Funds Not Itemized $1,481,868 $1,481,868 $1,481,868 TOTAL PUBLIC FUNDS $3,649,480 $3,649,480 $3,649,480 Statewide Changes 263.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $25,667 $25,667 $25,667 Changes in Operations / Administration 263.3 Reduce funding. State General Funds ($58,027) ($58,027) Federal Funds Not Itemized ($98,350) ($98,350) TOTAL PUBLIC FUNDS ($156,377) ($156,377) Changes in the Size of the Program 263.2 Reduce contracts. State General Funds ($19,084) $0 $0 263. Division of Rehabilitation Administration Appropriation (HB1027) The purpose of this appropriation is to help people with disabilities to become fully productive members of society by achieving independence and meaningful employment. TOTAL STATE FUNDS $2,174,195 $2,135,252 $2,135,252 State General Funds $2,174,195 $2,135,252 $2,135,252 TOTAL FEDERAL FUNDS $1,481,868 $1,383,518 $1,383,518 Federal Funds Not Itemized $1,481,868 $1,383,518 $1,383,518 TOTAL PUBLIC FUNDS $3,656,063 $3,518,770 $3,518,770 Georgia Industries for the Blind Continuation Budget The purpose is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL STATE FUNDS $692,348 $692,348 $692,348 THURSDAY, MARCH 23, 2006 4207 State General Funds $692,348 $692,348 $692,348 TOTAL AGENCY FUNDS $11,099,375 $11,099,375 $11,099,375 Sales and Services $11,099,375 $11,099,375 $11,099,375 Sales and Services Not Itemized $11,099,375 $11,099,375 $11,099,375 TOTAL PUBLIC FUNDS $11,791,723 $11,791,723 $11,791,723 Statewide Changes 264.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $17,786 $17,786 $17,786 264. Georgia Industries for the Blind Appropriation (HB1027) The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL STATE FUNDS $710,134 $710,134 $710,134 State General Funds $710,134 $710,134 $710,134 TOTAL AGENCY FUNDS $11,099,375 $11,099,375 $11,099,375 Sales and Services $11,099,375 $11,099,375 $11,099,375 Sales and Services Not Itemized $11,099,375 $11,099,375 $11,099,375 TOTAL PUBLIC FUNDS $11,809,509 $11,809,509 $11,809,509 Labor Market Information Continuation Budget The purpose is to collect, analyze, and publish a wide array of information about the state's labor market. TOTAL STATE FUNDS $671,271 $671,271 $671,271 State General Funds $671,271 $671,271 $671,271 TOTAL FEDERAL FUNDS $2,249,873 $2,249,873 $2,249,873 Federal Funds Not Itemized $2,249,873 $2,249,873 $2,249,873 TOTAL PUBLIC FUNDS $2,921,144 $2,921,144 $2,921,144 Statewide Changes 265.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $11,082 $11,082 $11,082 265. Labor Market Information Appropriation (HB1027) The purpose of this appropriation is to collect, analyze, and publish a wide array of information about the state's labor market. TOTAL STATE FUNDS $682,353 $682,353 $682,353 4208 JOURNAL OF THE HOUSE State General Funds $682,353 $682,353 $682,353 TOTAL FEDERAL FUNDS $2,249,873 $2,249,873 $2,249,873 Federal Funds Not Itemized $2,249,873 $2,249,873 $2,249,873 TOTAL PUBLIC FUNDS $2,932,226 $2,932,226 $2,932,226 Roosevelt Warm Springs Institute Continuation Budget The purpose is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $6,662,908 $6,662,908 $6,662,908 State General Funds $6,662,908 $6,662,908 $6,662,908 TOTAL FEDERAL FUNDS $6,237,969 $6,237,969 $6,237,969 Federal Funds Not Itemized $6,237,969 $6,237,969 $6,237,969 TOTAL AGENCY FUNDS $18,429,520 $18,429,520 $18,429,520 Sales and Services $18,429,520 $18,429,520 $18,429,520 Sales and Services Not Itemized $18,429,520 $18,429,520 $18,429,520 TOTAL PUBLIC FUNDS $31,330,397 $31,330,397 $31,330,397 Statewide Changes 266.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $119,795 $119,795 $119,795 Changes in the Size of the Program 266.2 Reduce contracts. State General Funds ($13,760) $0 $0 266.3 Transfer the American Association of Adapted Sports Programs contract to the Department of Human Resources. State General Funds ($284,069) ($284,069) ($284,069) 266. Roosevelt Warm Springs Institute Appropriation (HB1027) The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $6,484,874 $6,498,634 $6,498,634 State General Funds $6,484,874 $6,498,634 $6,498,634 TOTAL FEDERAL FUNDS $6,237,969 $6,237,969 $6,237,969 Federal Funds Not Itemized $6,237,969 $6,237,969 $6,237,969 TOTAL AGENCY FUNDS $18,429,520 $18,429,520 $18,429,520 Sales and Services $18,429,520 $18,429,520 $18,429,520 Sales and Services Not Itemized $18,429,520 $18,429,520 $18,429,520 THURSDAY, MARCH 23, 2006 4209 TOTAL PUBLIC FUNDS $31,152,363 $31,166,123 $31,166,123 Safety Inspections Continuation Budget 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 STATE FUNDS $2,664,002 $2,664,002 $2,664,002 State General Funds $2,664,002 $2,664,002 $2,664,002 TOTAL FEDERAL FUNDS $168,552 $168,552 $168,552 Federal Funds Not Itemized $168,552 $168,552 $168,552 TOTAL PUBLIC FUNDS $2,832,554 $2,832,554 $2,832,554 Statewide Changes 267.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $37,777 $37,777 $37,777 267. Safety Inspections Appropriation (HB1027) The purpose of this appropriation is to promote and protect public safety, to provide training and information on workplace exposure to hazardous chemicals, and to promote industrial safety. TOTAL STATE FUNDS $2,701,779 $2,701,779 $2,701,779 State General Funds $2,701,779 $2,701,779 $2,701,779 TOTAL FEDERAL FUNDS $168,552 $168,552 $168,552 Federal Funds Not Itemized $168,552 $168,552 $168,552 TOTAL PUBLIC FUNDS $2,870,331 $2,870,331 $2,870,331 Unemployment Insurance Continuation Budget 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 STATE FUNDS $10,056,056 $10,056,056 $10,056,056 State General Funds $10,056,056 $10,056,056 $10,056,056 TOTAL FEDERAL FUNDS $36,610,816 $36,610,816 $36,610,816 Federal Funds Not Itemized $36,610,816 $36,610,816 $36,610,816 TOTAL PUBLIC FUNDS $46,666,872 $46,666,872 $46,666,872 Statewide Changes 268.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $156,797 $156,797 $156,797 4210 JOURNAL OF THE HOUSE 268. Unemployment Insurance Appropriation (HB1027) The purpose of this appropriation is to enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's employers and distributing unemployment benefits to eligible claimants. TOTAL STATE FUNDS $10,212,853 $10,212,853 $10,212,853 State General Funds $10,212,853 $10,212,853 $10,212,853 TOTAL FEDERAL FUNDS $36,610,816 $36,610,816 $36,610,816 Federal Funds Not Itemized $36,610,816 $36,610,816 $36,610,816 TOTAL PUBLIC FUNDS $46,823,669 $46,823,669 $46,823,669 Vocational Rehabilitation Program Continuation Budget The purpose is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $16,784,521 $16,784,521 $16,784,521 State General Funds $16,784,521 $16,784,521 $16,784,521 TOTAL FEDERAL FUNDS $68,844,924 $68,844,924 $68,844,924 Federal Funds Not Itemized $66,344,924 $66,344,924 $66,344,924 Temporary Assistance for Needy Families $2,500,000 $2,500,000 $2,500,000 Temporary Assistance for Needy Families Block Grant CFDA $2,500,000 $2,500,000 $2,500,000 93.558 TOTAL AGENCY FUNDS $806,216 $806,216 $806,216 Sales and Services $806,216 $806,216 $806,216 Sales and Services Not Itemized $806,216 $806,216 $806,216 TOTAL PUBLIC FUNDS $86,435,661 $86,435,661 $86,435,661 Statewide Changes 269.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $179,157 $179,157 $179,589 Changes in Operations / Administration 269.3 Provide funding for Assistive Technology Centers and Reboot. State General Funds $30,000 $0 269.4 Provide additional funds for Middle Georgia Center for Independent Living, Inc. State General Funds $20,000 $20,000 269.5 Provide funds for the Georgia Association of Training, Employment and Supports (GATES). State General Funds $200,000 $0 THURSDAY, MARCH 23, 2006 4211 269.6 Increase funding for the Center for the Visually Impaired. State General Funds $5,000 $0 269.7 Increase funding for the Georgia Radio Reading Service. State General Funds $58,928 $58,928 269.8 Increase SHARE funding to operate a new program, DEAR. State General Funds $50,000 $0 Changes in How the Program is Funded 269.9 Reflect $2,500,000 in base budget transfers of Temporary Aid to Needy Families block grant funds from the Department of Human Resources. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $0 Changes in the Size of the Program 269.2 Reduce contracts. State General Funds ($83,210) $0 ($83,210) 269.10 Reduce funding Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($800,000) 269. Vocational Rehabilitation Program Appropriation (HB1027) The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $16,880,468 $17,327,606 $16,959,828 State General Funds $16,880,468 $17,327,606 $16,959,828 TOTAL FEDERAL FUNDS $68,844,924 $68,844,924 $68,044,924 Federal Funds Not Itemized $66,344,924 $66,344,924 $66,344,924 Temporary Assistance for Needy Families $2,500,000 $2,500,000 $1,700,000 Temporary Assistance for Needy Families Block Grant CFDA $2,500,000 $2,500,000 $1,700,000 93.558 TOTAL AGENCY FUNDS $806,216 $806,216 $806,216 Sales and Services $806,216 $806,216 $806,216 Sales and Services Not Itemized $806,216 $806,216 $806,216 TOTAL PUBLIC FUNDS $86,531,608 $86,978,746 $85,810,968 Workforce Development Continuation Budget The purpose is to assist employers and job seekers with job matching services and to promote economic growth and development. 4212 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $7,642,713 $7,642,713 $7,642,713 State General Funds $7,642,713 $7,642,713 $7,642,713 TOTAL FEDERAL FUNDS $90,615,395 $90,615,395 $90,615,395 Federal Funds Not Itemized $80,214,177 $80,214,177 $80,214,177 Temporary Assistance for Needy Families $10,401,218 $10,401,218 $10,401,218 Temporary Assistance for Needy Families Block Grant CFDA $10,401,218 $10,401,218 $10,401,218 93.558 TOTAL PUBLIC FUNDS $98,258,108 $98,258,108 $98,258,108 Statewide Changes 270.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $111,158 $111,158 $111,158 Changes in How the Program is Funded 270.3 Reflect $10,401,218 in base budget transfers of Temporary Aid to Needy Families block grant funds from the Department of Human Resources. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $0 Changes in the Size of the Program 270.2 Decrease funding for GoodWorks and job placement program (Note: This reduction appears in the House version in the Support For Needy Families-Work Assistance program of the Department of Human Resources) Temporary Assistance for Needy Families Block Grant CFDA 93.558 ($6,500,000) ($2,101,218) 270. Workforce Development Appropriation (HB1027) The purpose of this appropriation is to assist employers and job seekers with job matching services and to promote economic growth and development. TOTAL STATE FUNDS $7,753,871 $7,753,871 $7,753,871 State General Funds $7,753,871 $7,753,871 $7,753,871 TOTAL FEDERAL FUNDS $90,615,395 $84,115,395 $88,514,177 Federal Funds Not Itemized $80,214,177 $80,214,177 $80,214,177 Temporary Assistance for Needy Families $10,401,218 $3,901,218 $8,300,000 Temporary Assistance for Needy Families Block Grant CFDA $10,401,218 $3,901,218 $8,300,000 93.558 TOTAL PUBLIC FUNDS $98,369,266 $91,869,266 $96,268,048 THURSDAY, MARCH 23, 2006 4213 Commission on Women Continuation Budget The purpose is to advance health, education, economic, social and legal status of women in Georgia. TOTAL STATE FUNDS $93,172 $93,172 $93,172 State General Funds $93,172 $93,172 $93,172 TOTAL PUBLIC FUNDS $93,172 $93,172 $93,172 271. Commission on Women Appropriation (HB1027) The purpose of this appropriation is to advance health, education, economic, social and legal status of women in Georgia. TOTAL STATE FUNDS $93,172 $93,172 $93,172 State General Funds $93,172 $93,172 $93,172 TOTAL PUBLIC FUNDS $93,172 $93,172 $93,172 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. Section 32: Law, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL STATE FUNDS $13,659,592 $13,659,592 $795,143 $794,143 $1,000 $21,006,280 $35,461,015 $14,670,539 Section Total - Continuation $13,659,592 $13,659,592 $13,659,592 $13,659,592 $795,143 $795,143 $794,143 $794,143 $1,000 $1,000 $21,006,280 $21,006,280 $35,461,015 $35,461,015 Section Total - Final $14,670,539 $14,670,539 4214 JOURNAL OF THE HOUSE State General Funds $14,670,539 $14,670,539 $14,670,539 TOTAL AGENCY FUNDS $819,960 $819,960 $841,360 Contributions, Donations, and Forfeitures $788,308 $788,308 $809,708 Reserved Fund Balances $30,652 $30,652 $30,652 Sales and Services $1,000 $1,000 $1,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $21,006,280 $21,006,280 $31,049,680 TOTAL PUBLIC FUNDS $36,496,779 $36,496,779 $46,561,579 Law, Department of Continuation Budget 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 STATE FUNDS $13,659,592 $13,659,592 $13,659,592 State General Funds $13,659,592 $13,659,592 $13,659,592 TOTAL AGENCY FUNDS $795,143 $795,143 $795,143 Contributions, Donations, and Forfeitures $794,143 $794,143 $794,143 Contributions, Donations, and Forfeitures Not Itemized $794,143 $794,143 $794,143 Sales and Services $1,000 $1,000 $1,000 Sales and Services Not Itemized $1,000 $1,000 $1,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $21,006,280 $21,006,280 $21,006,280 Legal Services - Client Reimbursable per 45-15-4 $21,006,280 $21,006,280 $21,006,280 TOTAL PUBLIC FUNDS $35,461,015 $35,461,015 $35,461,015 Statewide Changes 272.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $986,464 $986,464 $986,464 Reserved Fund Balances Not Itemized $30,652 $30,652 $30,652 TOTAL PUBLIC FUNDS $1,017,116 $1,017,116 $1,017,116 Changes in Operations / Administration 272.2 Increase real estate rental funds to meet contractual commitments. State General Funds $24,483 $24,483 $24,483 Changes in How the Program is Funded 272.4 Add funds to properly reflect operating budget represented in HB1026. Contributions, Donations, and Forfeitures Not Itemized $21,400 THURSDAY, MARCH 23, 2006 4215 Legal Services - Client Reimbursable per 45-15-4 $10,043,400 TOTAL PUBLIC FUNDS $10,064,800 Changes in the Size of the Program 272.3 Reduce funds. Contributions, Donations, and Forfeitures Not Itemized ($5,835) ($5,835) ($5,835) 272. Law, Department of Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $14,670,539 $14,670,539 $14,670,539 State General Funds $14,670,539 $14,670,539 $14,670,539 TOTAL AGENCY FUNDS $819,960 $819,960 $841,360 Contributions, Donations, and Forfeitures $788,308 $788,308 $809,708 Contributions, Donations, and Forfeitures Not Itemized $788,308 $788,308 $809,708 Reserved Fund Balances $30,652 $30,652 $30,652 Reserved Fund Balances Not Itemized $30,652 $30,652 $30,652 Sales and Services $1,000 $1,000 $1,000 Sales and Services Not Itemized $1,000 $1,000 $1,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $21,006,280 $21,006,280 $31,049,680 Legal Services - Client Reimbursable per 45-15-4 $21,006,280 $21,006,280 $31,049,680 TOTAL PUBLIC FUNDS $36,496,779 $36,496,779 $46,561,579 Section 33: State Merit System of Personnel Administration TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL AGENCY FUNDS Reserved Fund Balances $1,337,147 $1,161,033 $176,114 $12,273,022 $13,610,169 $1,337,147 $1,161,033 Section Total - Continuation $1,337,147 $1,337,147 $1,161,033 $1,161,033 $176,114 $176,114 $12,273,022 $12,273,022 $13,610,169 $13,610,169 Section Total - Final $1,337,147 $1,533,844 $1,161,033 $1,357,730 4216 JOURNAL OF THE HOUSE Sales and Services $176,114 $176,114 $176,114 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $13,182,967 $13,182,967 $17,666,997 TOTAL PUBLIC FUNDS $14,520,114 $14,520,114 $19,200,841 Recruitment and Staffing Services Continuation Budget The purpose is to provide a central point of contact for the general public. TOTAL STATE FUNDS $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,321,434 $1,321,434 $1,321,434 Merit System Assessments $1,247,721 $1,247,721 $1,247,721 Merit System Training and Compensation Fees $73,713 $73,713 $73,713 TOTAL PUBLIC FUNDS $1,321,434 $1,321,434 $1,321,434 Statewide Changes 273.1 GTA, GBA, WC, COLA, SHBP and Annualizer Merit System Assessments $56,193 $56,193 $56,193 Changes in the Size of the Program 273.2 Redistribute funds to System Administration program and Workforce Development and Alignment program. Merit System Assessments ($138,865) ($138,865) ($138,865) Merit System Training and Compensation Fees ($68,213) ($68,213) ($68,213) TOTAL PUBLIC FUNDS ($207,078) ($207,078) ($207,078) 273.3 Reduce funds. Merit System Training and Compensation Fees ($5,500) ($5,500) ($5,500) 273. Recruitment and Staffing Services Appropriation (HB1027) The purpose of this appropriation is to provide a central point of contact for the general public. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,165,049 $1,165,049 $1,165,049 Merit System Assessments $1,165,049 $1,165,049 $1,165,049 TOTAL PUBLIC FUNDS $1,165,049 $1,165,049 $1,165,049 System Administration Continuation Budget The purpose is to provide administrative and technical support to the agency. TOTAL STATE FUNDS $0 $0 $0 TOTAL AGENCY FUNDS $49,578 $49,578 $49,578 Reserved Fund Balances $49,578 $49,578 $49,578 Reserved Fund Balances Not Itemized $49,578 $49,578 $49,578 THURSDAY, MARCH 23, 2006 4217 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,167,679 $4,167,679 $4,167,679 Merit System Assessments $4,163,792 $4,163,792 $4,163,792 Merit System Training and Compensation Fees $3,887 $3,887 $3,887 TOTAL PUBLIC FUNDS $4,217,257 $4,217,257 $4,217,257 Statewide Changes 274.1 GTA, GBA, WC, COLA, SHBP and Annualizer Merit System Assessments $143,764 $143,764 $143,764 Changes in Operations / Administration 274.2 Increase Payments to State Treasury. Merit System Assessments $750,000 $750,000 $750,000 Changes in the Size of the Program 274.3 Redistribute funds from Total Compensation and Rewards program and Recruitment and Staffing Services program. Reserved Fund Balances Not Itemized $39,616 $39,616 $39,616 Merit System Assessments $518,715 $518,715 $518,715 Merit System Training and Compensation Fees $49,024 $49,024 $49,024 TOTAL PUBLIC FUNDS $607,355 $607,355 $607,355 274.4 Reduce funds. Merit System Training and Compensation Fees ($52,911) ($52,911) ($52,911) 274. System Administration Appropriation (HB1027) The purpose of this appropriation is to provide administrative and technical support to the agency. TOTAL AGENCY FUNDS $89,194 $89,194 $89,194 Reserved Fund Balances $89,194 $89,194 $89,194 Reserved Fund Balances Not Itemized $89,194 $89,194 $89,194 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,576,271 $5,576,271 $5,576,271 Merit System Assessments $5,576,271 $5,576,271 $5,576,271 TOTAL PUBLIC FUNDS $5,665,465 $5,665,465 $5,665,465 Total Compensation and Rewards Continuation Budget The purpose is to ensure fair and consistent employee compensation practices across state agencies. TOTAL STATE FUNDS $0 $0 $0 TOTAL AGENCY FUNDS $1,287,569 $1,287,569 $1,287,569 4218 JOURNAL OF THE HOUSE Reserved Fund Balances $1,111,455 $1,111,455 $1,111,455 Reserved Fund Balances Not Itemized $1,111,455 $1,111,455 $1,111,455 Sales and Services $176,114 $176,114 $176,114 Sales and Services Not Itemized $176,114 $176,114 $176,114 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,278,690 $3,278,690 $3,278,690 Merit System Assessments $3,250,459 $3,250,459 $3,250,459 Merit System Training and Compensation Fees $28,231 $28,231 $28,231 TOTAL PUBLIC FUNDS $4,566,259 $4,566,259 $4,566,259 Statewide Changes 275.1 GTA, GBA, WC, COLA, SHBP and Annualizer Merit System Assessments $107,212 $107,212 $107,212 Changes in the Size of the Program 275.2 Redistribute funds to System Administration program and Workforce Development and Alignment program. Reserved Fund Balances Not Itemized ($39,616) ($39,616) ($39,616) Merit System Assessments ($512,959) ($512,959) ($512,959) Merit System Training and Compensation Fees $87,889 $87,889 $87,889 TOTAL PUBLIC FUNDS ($464,686) ($464,686) ($464,686) 275.3 Reduce funding by eliminating two positions. Merit System Training and Compensation Fees ($84,281) ($84,281) ($84,281) 275.4 Reduce funds. Merit System Training and Compensation Fees ($4,000) ($4,000) ($4,000) 275.5 Add funds to properly reflect operating budget represented in HB1026. Reserved Fund Balances Not Itemized $196,697 Agency to Agency Contracts $2,350,000 TOTAL PUBLIC FUNDS $2,546,697 275. Total Compensation and Rewards Appropriation (HB1027) The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies. TOTAL AGENCY FUNDS $1,247,953 $1,247,953 $1,444,650 Reserved Fund Balances $1,071,839 $1,071,839 $1,268,536 Reserved Fund Balances Not Itemized $1,071,839 $1,071,839 $1,268,536 Sales and Services $176,114 $176,114 $176,114 THURSDAY, MARCH 23, 2006 4219 Sales and Services Not Itemized $176,114 $176,114 $176,114 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,872,551 $2,872,551 $5,222,551 Agency to Agency Contracts $2,350,000 Merit System Assessments $2,844,712 $2,844,712 $2,844,712 Merit System Training and Compensation Fees $27,839 $27,839 $27,839 TOTAL PUBLIC FUNDS $4,120,504 $4,120,504 $6,667,201 Workforce Development and Alignment Continuation Budget 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,505,219 $3,505,219 $3,505,219 Merit System Assessments $3,065,452 $3,065,452 $3,065,452 Merit System Training and Compensation Fees $439,767 $439,767 $439,767 TOTAL PUBLIC FUNDS $3,505,219 $3,505,219 $3,505,219 Statewide Changes 276.1 GTA, GBA, WC, COLA, SHBP and Annualizer Merit System Assessments $64,944 $64,944 $64,944 Changes in the Size of the Program 276.2 Redistribute funds from Total Compensation and Rewards program and Recruitment and Staffing Services program. Merit System Assessments $133,109 $133,109 $133,109 Merit System Training and Compensation Fees ($68,700) ($68,700) ($68,700) TOTAL PUBLIC FUNDS $64,409 $64,409 $64,409 276.3 Reduce funds. Merit System Training and Compensation Fees ($50,476) ($50,476) ($50,476) 276.4 Eliminate funding for state orientation video. Merit System Training and Compensation Fees ($15,000) ($15,000) ($15,000) 276.5 Add funds to properly reflect operating budget represented in HB1026. Agency to Agency Contracts $825,000 Merit System Assessments $1,309,030 4220 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $2,134,030 276. Workforce Development and Alignment Appropriation (HB1027) The purpose of this appropriation is to provide continuous opportunities for state employees to grow and develop professionally resulting in increased productivity for state agencies and entities. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,569,096 $3,569,096 $5,703,126 Agency to Agency Contracts $825,000 Merit System Assessments $3,263,505 $3,263,505 $4,572,535 Merit System Training and Compensation Fees $305,591 $305,591 $305,591 TOTAL PUBLIC FUNDS $3,569,096 $3,569,096 $5,703,126 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 34: Natural Resources, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Administration Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS $98,464,233 $98,464,233 $20,863,133 $20,416,291 $446,842 Section Total - Continuation $98,464,233 $98,464,233 $98,464,233 $98,464,233 $20,863,133 $20,863,133 $20,416,291 $20,416,291 $446,842 $446,842 $74,871,963 $677,763 $3,707,103 $16,276 $70,470,821 $194,199,329 $109,684,665 $109,684,665 $10,070,605 $74,871,963 $74,871,963 $677,763 $677,763 $3,707,103 $3,707,103 $16,276 $16,276 $70,470,821 $70,470,821 $194,199,329 $194,199,329 Section Total - Final $112,648,814 $109,324,119 $112,648,814 $109,324,119 $10,070,605 $20,863,133 THURSDAY, MARCH 23, 2006 4221 Federal Funds Not Itemized $10,070,605 $10,070,605 $20,416,291 Federal Highway Administration Planning & Construction $446,842 CFDA20.205 TOTAL AGENCY FUNDS $25,158,798 $25,158,798 $74,405,997 Reserved Fund Balances $103,913 $103,913 $677,763 Intergovernmental Transfers $3,041,137 $3,041,137 $3,041,137 Royalties and Rents $15,250 $15,250 $16,276 Sales and Services $21,998,498 $21,998,498 $70,670,821 TOTAL PUBLIC FUNDS $144,914,068 $147,878,217 $204,593,249 Coastal Resources Continuation Budget 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 STATE FUNDS $2,323,120 $2,323,120 $2,323,120 State General Funds $2,323,120 $2,323,120 $2,323,120 TOTAL FEDERAL FUNDS $170,862 $170,862 $170,862 Federal Funds Not Itemized $170,862 $170,862 $170,862 TOTAL PUBLIC FUNDS $2,493,982 $2,493,982 $2,493,982 Statewide Changes 277.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $113,573 $113,573 $113,573 One-Time Expense 277.3 Provide funds for Tybee island beach restoration project.(S: Fund in Bonds for $2,000,000) State General Funds $2,930,000 $0 277.4 Provide funding for the cooperative service agreement with the University of Georgia Fanning Institute of Leadership to develop standards for permitting of marinas and community docks. State General Funds $50,000 $0 277.5 Provide funds for sunken boats to correct HB1026 increase in the Solid Waste Trust Fund State General Funds $180,000 Changes in the Size of the Program 277.2 Enhance water quality sampling efforts by increasing contract funds and adding one position to meet stricter water quality standards on Georgia's coast. 4222 JOURNAL OF THE HOUSE State General Funds $53,925 $53,925 $53,925 277. Coastal Resources Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $2,490,618 $5,470,618 $2,670,618 State General Funds $2,490,618 $5,470,618 $2,670,618 TOTAL FEDERAL FUNDS $170,862 $170,862 $170,862 Federal Funds Not Itemized $170,862 $170,862 $170,862 TOTAL PUBLIC FUNDS $2,661,480 $5,641,480 $2,841,480 Departmental Administration Continuation Budget The purpose of the program is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $9,368,088 $9,368,088 $9,368,088 State General Funds $9,368,088 $9,368,088 $9,368,088 TOTAL FEDERAL FUNDS $53,814 $53,814 $53,814 Federal Funds Not Itemized $53,814 $53,814 $53,814 TOTAL PUBLIC FUNDS $9,421,902 $9,421,902 $9,421,902 Statewide Changes 278.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $454,859 $454,859 $454,859 Changes in How the Program is Funded 278.2 Remove fund sources. Federal Funds Not Itemized ($53,814) ($53,814) $0 TOTAL PUBLIC FUNDS ($53,814) ($53,814) $0 Changes in the Size of the Program 278.3 Increase program by transferring funds from Parks, Recreation and Historic Sites and Wildlife Resource. State General Funds $232,360 $232,360 $232,360 278. Departmental Administration Appropriation (HB1027) The purpose of the program is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $10,055,307 $10,055,307 $10,055,307 State General Funds $10,055,307 $10,055,307 $10,055,307 THURSDAY, MARCH 23, 2006 4223 TOTAL FEDERAL FUNDS $53,814 Federal Funds Not Itemized $53,814 TOTAL PUBLIC FUNDS $10,055,307 $10,055,307 $10,109,121 Environmental Protection Continuation Budget 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 STATE FUNDS $26,207,788 $26,207,788 $26,207,788 State General Funds $26,207,788 $26,207,788 $26,207,788 TOTAL FEDERAL FUNDS $9,850,960 $9,850,960 $9,850,960 Federal Funds Not Itemized $9,414,118 $9,414,118 $9,414,118 Federal Highway Administration Planning & Construction $436,842 $436,842 $436,842 CFDA20.205 TOTAL AGENCY FUNDS $50,258,738 $50,258,738 $50,258,738 Sales and Services $50,258,738 $50,258,738 $50,258,738 Sales and Services Not Itemized $50,258,738 $50,258,738 $50,258,738 TOTAL PUBLIC FUNDS $86,317,486 $86,317,486 $86,317,486 Statewide Changes 279.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $1,703,334 $1,703,334 $1,703,334 Changes in How the Program is Funded 279.2 Remove fund sources. Federal Funds Not Itemized ($6,050,957) ($6,050,957) $0 Federal Highway Administration Planning & Construction ($436,842) ($436,842) $0 CFDA20.205 Sales and Services Not Itemized ($43,461,181) ($43,461,181) $0 TOTAL PUBLIC FUNDS ($49,948,980) ($49,948,980) $0 Changes in the Size of the Program 279.3 Eliminate funds for a coastal groundwater study that will be completed in FY 2006. State General Funds ($390,000) ($390,000) ($772,180) 279.4 Reduce contract funds with the Soil and Water Conservation Commission to reflect the cyclical needs of the Erosion and Sedimentation Certification program. 4224 JOURNAL OF THE HOUSE State General Funds ($300,000) ($300,000) ($300,000) 279.5 Enhance water modeling and monitoring. State General Funds $400,000 $400,000 $400,000 279.6 Transfer Solid Waste Trust Fund program into the Environmental Protection program. State General Funds $1,500,000 $1,500,000 $0 279.7 Transfer Hazardous Waste Trust program into the Environmental Protection program. State General Funds $7,600,000 $7,600,000 $0 Federal Funds Not Itemized $73,850 $73,850 $0 TOTAL PUBLIC FUNDS $7,673,850 $7,673,850 $0 279.8 Increase funding for the Solid Waste Trust program from $1.5 million to $6.5 million(S:Funds are increased in the Solid Waste Trust Fund program (See line item 285.2)) State General Funds $5,000,000 $4,500,000 $0 279.9 Add eight positions for erosion and sedimentation control to increase the number of inspections in high growth areas. State General Funds $300,000 $300,000 $0 279.10 Reduce contract with the Department of Agriculture to provide gasoline samples and analysis for the Gasoline Marketing Rule. State General Funds ($100,000) 279. Environmental Protection Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $42,021,122 $41,521,122 $27,138,942 State General Funds $42,021,122 $41,521,122 $27,138,942 TOTAL FEDERAL FUNDS $3,437,011 $3,437,011 $9,850,960 Federal Funds Not Itemized $3,437,011 $3,437,011 $9,414,118 Federal Highway Administration Planning & Construction $436,842 CFDA20.205 TOTAL AGENCY FUNDS $6,797,557 $6,797,557 $50,258,738 Sales and Services $6,797,557 $6,797,557 $50,258,738 Sales and Services Not Itemized $6,797,557 $6,797,557 $50,258,738 THURSDAY, MARCH 23, 2006 4225 TOTAL PUBLIC FUNDS $52,255,690 $51,755,690 $87,248,640 Hazardous Waste Trust Fund Continuation Budget Investigate and clean up abandoned hazardous sites. TOTAL STATE FUNDS $7,600,000 $7,600,000 $7,600,000 State General Funds $7,600,000 $7,600,000 $7,600,000 TOTAL FEDERAL FUNDS $73,850 $73,850 $73,850 Federal Funds Not Itemized $73,850 $73,850 $73,850 TOTAL PUBLIC FUNDS $7,673,850 $7,673,850 $7,673,850 Changes in the Size of the Program 280.1 Transfer the Hazardous Waste Trust Fund into the Environmental Protection program. State General Funds ($7,600,000) ($7,600,000) $0 Federal Funds Not Itemized ($73,850) ($73,850) $0 TOTAL PUBLIC FUNDS ($7,673,850) ($7,673,850) $0 280. Hazardous Waste Trust Fund Appropriation (HB1027) Investigate and clean up abandoned hazardous sites. TOTAL STATE FUNDS $7,600,000 State General Funds $7,600,000 TOTAL FEDERAL FUNDS $73,850 Federal Funds Not Itemized $73,850 TOTAL PUBLIC FUNDS $7,673,850 Historic Preservation Continuation Budget The purpose is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations. TOTAL STATE FUNDS $1,904,709 $1,904,709 $1,904,709 State General Funds $1,904,709 $1,904,709 $1,904,709 TOTAL FEDERAL FUNDS $544,351 $544,351 $544,351 Federal Funds Not Itemized $544,351 $544,351 $544,351 TOTAL PUBLIC FUNDS $2,449,060 $2,449,060 $2,449,060 Statewide Changes 281.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $112,051 $112,051 $112,051 4226 JOURNAL OF THE HOUSE Changes in How the Program is Funded 281.2 Remove fund sources. Federal Funds Not Itemized ($54,351) ($54,351) $0 Changes in the Size of the Program 281.3 Reduce the number of contracted historic planners from fourteen to twelve based on state service delivery regions. State General Funds ($34,000) $0 $0 281.4 Remove University of Georgia contract to computerize new site files and ongoing maintenance and database management of the statewide computerized archaeological site file. State General Funds ($15,000) 281. Historic Preservation Appropriation (HB1027) The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations. TOTAL STATE FUNDS $1,982,760 $2,016,760 $2,001,760 State General Funds $1,982,760 $2,016,760 $2,001,760 TOTAL FEDERAL FUNDS $490,000 $490,000 $544,351 Federal Funds Not Itemized $490,000 $490,000 $544,351 TOTAL PUBLIC FUNDS $2,472,760 $2,506,760 $2,546,111 Land Conservation Continuation Budget The purpose is to provide a framework within which developed and rapidly developing counties, and their municipalities, can preserve community green space. TOTAL STATE FUNDS $415,605 $415,605 $415,605 State General Funds $415,605 $415,605 $415,605 TOTAL PUBLIC FUNDS $415,605 $415,605 $415,605 Statewide Changes 282.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $23,775 $23,775 $23,775 Changes in the Size of the Program 282.2 Increase funds by transferring funds from Parks, Recreation and Historic Sites and Wildlife Resource. State General Funds $27,000 $27,000 $27,000 THURSDAY, MARCH 23, 2006 4227 282. Land Conservation Appropriation (HB1027) The purpose of this appropriation is to provide a framework within which developed and rapidly developing counties, and their municipalities, can preserve community green space. TOTAL STATE FUNDS $466,380 $466,380 $466,380 State General Funds $466,380 $466,380 $466,380 TOTAL PUBLIC FUNDS $466,380 $466,380 $466,380 Parks, Recreation and Historic Sites Continuation Budget The purpose is to increase the public awareness of the opportunities at the state parks and historic sites throughout Georgia. TOTAL STATE FUNDS $17,234,816 $17,234,816 $17,234,816 State General Funds $17,234,816 $17,234,816 $17,234,816 TOTAL FEDERAL FUNDS $855,941 $855,941 $855,941 Federal Funds Not Itemized $845,941 $845,941 $845,941 Federal Highway Administration Planning & Construction $10,000 $10,000 $10,000 CFDA20.205 TOTAL AGENCY FUNDS $20,650,999 $20,650,999 $20,650,999 Intergovernmental Transfers $3,707,103 $3,707,103 $3,707,103 Intergovernmental Transfers Not Itemized $3,707,103 $3,707,103 $3,707,103 Royalties and Rents $1,026 $1,026 $1,026 Royalties and Rents Not Itemized $1,026 $1,026 $1,026 Sales and Services $16,942,870 $16,942,870 $16,942,870 Sales and Services Not Itemized $16,942,870 $16,942,870 $16,942,870 TOTAL PUBLIC FUNDS $38,741,756 $38,741,756 $38,741,756 Statewide Changes 283.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $945,805 $945,805 $945,805 One-Time Expense 283.6 Provide 3% enhancement for Conservation Rangers and Conservation Rangers First Class. State General Funds $66,485 283.7 Provide funds for the schematic design of the Georgia Trail exhibit and the new animal hospital at Zoo Atlanta. State General Funds $0 4228 JOURNAL OF THE HOUSE Sales and Services Not Itemized $200,000 TOTAL PUBLIC FUNDS $200,000 Changes in How the Program is Funded 283.2 Remove fund sources. Federal Highway Administration Planning & Construction ($10,000) ($10,000) $0 CFDA20.205 Royalties and Rents Not Itemized ($1,026) ($1,026) $0 Sales and Services Not Itemized ($2,004,125) ($2,004,125) $0 TOTAL PUBLIC FUNDS ($2,015,151) ($2,015,151) $0 283.3 Replace payments from the Lake Lanier Islands Development Authority with state general funds. State General Funds $665,966 $665,966 $665,966 Intergovernmental Transfers Not Itemized ($665,966) ($665,966) ($665,966) TOTAL PUBLIC FUNDS $0 $0 $0 Changes in What Services are Offered 283.4 Add one position and operating funds for opening a new interpretive center and museum at Sweetwater Creek State Park. State General Funds $184,000 $184,000 $184,000 Changes in the Size of the Program 283.5 Reduce program by transferring funds to Administration and Land Conservation. State General Funds ($2,284) ($2,284) ($2,284) 283.8 Provide funding for Historic Markers. State General Funds $100,000 283. Parks, Recreation and Historic Sites Appropriation (HB1027) The purpose of this appropriation is to increase the public awareness of the opportunities at the state parks and historic sites throughout Georgia. TOTAL STATE FUNDS $19,028,303 $19,028,303 $19,194,788 State General Funds $19,028,303 $19,028,303 $19,194,788 TOTAL FEDERAL FUNDS $845,941 $845,941 $855,941 Federal Funds Not Itemized $845,941 $845,941 $845,941 Federal Highway Administration Planning & Construction $10,000 CFDA20.205 THURSDAY, MARCH 23, 2006 4229 TOTAL AGENCY FUNDS $17,979,882 $17,979,882 $20,185,033 Intergovernmental Transfers $3,041,137 $3,041,137 $3,041,137 Intergovernmental Transfers Not Itemized $3,041,137 $3,041,137 $3,041,137 Royalties and Rents $1,026 Royalties and Rents Not Itemized $1,026 Sales and Services $14,938,745 $14,938,745 $17,142,870 Sales and Services Not Itemized $14,938,745 $14,938,745 $17,142,870 TOTAL PUBLIC FUNDS $37,854,126 $37,854,126 $40,235,762 Pollution Prevention Assistance Continuation Budget The purpose is to reduce pollution by providing non-regulatory assistance. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $677,763 $677,763 $677,763 Reserved Fund Balances $677,763 $677,763 $677,763 Reserved Fund Balances Not Itemized $677,763 $677,763 $677,763 TOTAL PUBLIC FUNDS $677,763 $677,763 $677,763 Statewide Changes 284.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $16,075 $16,075 $16,075 Changes in How the Program is Funded 284.2 Remove fund sources. Reserved Fund Balances Not Itemized ($573,850) ($573,850) $0 TOTAL PUBLIC FUNDS ($573,850) ($573,850) $0 284. Pollution Prevention Assistance Appropriation (HB1027) The purpose of this appropriation is to reduce pollution by providing non-regulatory assistance. TOTAL STATE FUNDS $16,075 $16,075 $16,075 State General Funds $16,075 $16,075 $16,075 TOTAL AGENCY FUNDS $103,913 $103,913 $677,763 Reserved Fund Balances $103,913 $103,913 $677,763 Reserved Fund Balances Not Itemized $103,913 $103,913 $677,763 TOTAL PUBLIC FUNDS $119,988 $119,988 $693,838 4230 JOURNAL OF THE HOUSE Solid Waste Trust Fund Continuation Budget 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 STATE FUNDS $1,500,000 $1,500,000 $1,500,000 State General Funds $1,500,000 $1,500,000 $1,500,000 TOTAL PUBLIC FUNDS $1,500,000 $1,500,000 $1,500,000 Changes in the Size of the Program 285.1 Transfer the Solid Waste Trust Fund program into the Environmental Protection program.(G:YES)(H:YES)(S:NO) State General Funds ($1,500,000) ($1,500,000) $0 285.2 Increase funding for the Solid Waste Trust program from $1.5 million to $6.5 million.(S:Correct HB1026 increase in the Solid Waste Trust Fund for sunken boats) State General Funds $4,820,000 285. Solid Waste Trust Fund Appropriation (HB1027) 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 STATE FUNDS $6,320,000 State General Funds $6,320,000 TOTAL PUBLIC FUNDS $6,320,000 Wildlife Resources Continuation Budget 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 STATE FUNDS $28,915,612 $28,915,612 $28,915,612 State General Funds $28,915,612 $28,915,612 $28,915,612 TOTAL FEDERAL FUNDS $9,313,355 $9,313,355 $9,313,355 Federal Funds Not Itemized $9,313,355 $9,313,355 $9,313,355 TOTAL AGENCY FUNDS $2,952,250 $2,952,250 $2,952,250 Royalties and Rents $15,250 $15,250 $15,250 Royalties and Rents Not Itemized $15,250 $15,250 $15,250 Sales and Services $2,937,000 $2,937,000 $2,937,000 Sales and Services Not Itemized $2,937,000 $2,937,000 $2,937,000 TOTAL PUBLIC FUNDS $41,181,217 $41,181,217 $41,181,217 THURSDAY, MARCH 23, 2006 4231 Statewide Changes 286.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $1,660,107 $1,660,107 $1,660,107 Changes in How the Program is Funded 286.2 Remove fund sources. Federal Funds Not Itemized ($4,186,564) ($4,186,564) $0 Sales and Services Not Itemized ($2,674,804) ($2,674,804) $0 TOTAL PUBLIC FUNDS ($6,861,368) ($6,861,368) $0 286.8 Remove contract with the University of Georgia Research Foundation to provide diagnostic services and wildlife disease advice and training to DNR wildlife personnel. State General Funds ($14,000) Changes in What Services are Offered 286.3 Provide operating funds and add six positions for staffing the new conference facility and dining hall at the Charlie Elliott Wildlife Center. State General Funds $200,000 $200,000 $200,000 286.4 Fund operating costs for opening the Flat Creek public fishing area including two fishery technician positions and two motor vehicles to increase recreational opportunities. State General Funds $218,225 $218,225 $218,225 Changes in the Size of the Program 286.5 Eliminate one position and operating expenses for aquatic plant control of public and private waters. State General Funds ($48,577) ($48,577) ($48,577) 286.6 Reduce program by transferring funds to Administration and Land Conservation. State General Funds ($257,076) ($257,076) ($257,076) 286.7 Add three positions and operating funds to adequately address the management of flathead catfish in the Satilla River. State General Funds $300,000 $0 286. Wildlife Resources Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $30,688,291 $30,988,291 $30,674,291 State General Funds $30,688,291 $30,988,291 $30,674,291 4232 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS $5,126,791 $5,126,791 $9,313,355 Federal Funds Not Itemized $5,126,791 $5,126,791 $9,313,355 TOTAL AGENCY FUNDS $277,446 $277,446 $2,952,250 Royalties and Rents $15,250 $15,250 $15,250 Royalties and Rents Not Itemized $15,250 $15,250 $15,250 Sales and Services $262,196 $262,196 $2,937,000 Sales and Services Not Itemized $262,196 $262,196 $2,937,000 TOTAL PUBLIC FUNDS $36,092,528 $36,392,528 $42,939,896 Civil War Commission Continuation Budget 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 STATE FUNDS $50,000 $50,000 $50,000 State General Funds $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 Changes in the Size of the Program 287.1 Provide funds to preserve and protect Civil War Battlefields and cemeteries and other related historic sites across the state. State General Funds $0 $0 $100,000 287. Civil War Commission Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $50,000 $50,000 $150,000 State General Funds $50,000 $50,000 $150,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $150,000 Georgia State Games Commission Continuation Budget The purpose is to improve the physical fitness of Georgians. TOTAL STATE FUNDS $50,149 $50,149 $50,149 State General Funds $50,149 $50,149 $50,149 TOTAL AGENCY FUNDS $332,213 $332,213 $332,213 THURSDAY, MARCH 23, 2006 4233 Sales and Services $332,213 $332,213 $332,213 Sales and Services Not Itemized $332,213 $332,213 $332,213 TOTAL PUBLIC FUNDS $382,362 $382,362 $382,362 Changes in How the Program is Funded 288.1 Eliminate state funds, one position and four motor vehicles for the Georgia State Games Commission. State General Funds ($50,149) $0 $0 Reserved Fund Balances Not Itemized $0 $0 $0 Sales and Services Not Itemized ($332,213) ($332,213) $0 TOTAL PUBLIC FUNDS ($382,362) ($332,213) $0 288. Georgia State Games Commission Appropriation (HB1027) The purpose of this appropriation is to improve the physical fitness of Georgians. TOTAL STATE FUNDS $50,149 $50,149 State General Funds $50,149 $50,149 TOTAL AGENCY FUNDS $332,213 Sales and Services $332,213 Sales and Services Not Itemized $332,213 TOTAL PUBLIC FUNDS $50,149 $382,362 Payments to Georgia Agricultural Exposition Authority Continuation Budget 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 STATE FUNDS $1,601,868 $1,601,868 $1,601,868 State General Funds $1,601,868 $1,601,868 $1,601,868 TOTAL PUBLIC FUNDS $1,601,868 $1,601,868 $1,601,868 Statewide Changes 289.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $39,766 $39,766 $39,766 289. Payments to Georgia Agricultural Exposition Authority Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $1,641,634 $1,641,634 $1,641,634 State General Funds $1,641,634 $1,641,634 $1,641,634 4234 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $1,641,634 $1,641,634 $1,641,634 Payments to Georgia Agrirama Development Authority Continuation Budget 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 STATE FUNDS $820,514 $820,514 $820,514 State General Funds $820,514 $820,514 $820,514 TOTAL PUBLIC FUNDS $820,514 $820,514 $820,514 Statewide Changes 290.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $18,877 $18,877 $18,877 Changes in the Size of the Program 290.2 Increase funding for the historic village. State General Funds $32,820 $32,820 $32,820 290. Payments to Georgia Agrirama Development Authority Appropriation (HB1027) The purpose of this appropriation is to collect, display, and preserve material culture of Georgia's agriculture and rural history and present to general public and school groups. TOTAL STATE FUNDS $872,211 $872,211 $872,211 State General Funds $872,211 $872,211 $872,211 TOTAL PUBLIC FUNDS $872,211 $872,211 $872,211 Payments to Lake Allatoona Preservation Authority Continuation Budget TOTAL STATE FUNDS $100,000 $100,000 $100,000 State General Funds $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $100,000 $100,000 $100,000 One-Time Expense 291.1 Eliminate one-time funding for shoreline restoration, educational programs, a watershed study and other projects.(H and S:Maintain funding for operations.) State General Funds ($100,000) $0 $0 291. Payments to Lake Allatoona Preservation Authority Appropriation (HB1027) TOTAL STATE FUNDS $100,000 $100,000 State General Funds $100,000 $100,000 TOTAL PUBLIC FUNDS $100,000 $100,000 THURSDAY, MARCH 23, 2006 4235 Payments to Southwest Georgia Railroad Excursion Authority Continuation Budget 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 STATE FUNDS $371,964 $371,964 $371,964 State General Funds $371,964 $371,964 $371,964 TOTAL PUBLIC FUNDS $371,964 $371,964 $371,964 292. Payments to Southwest Georgia Railroad Excursion Appropriation (HB1027) Authority The purpose of this appropriation 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 STATE FUNDS $371,964 $371,964 $371,964 State General Funds $371,964 $371,964 $371,964 TOTAL PUBLIC FUNDS $371,964 $371,964 $371,964 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 $665,966; 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 - $679,346 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. Section 35: Pardons and Paroles, State Board of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized $47,627,215 $47,627,215 $100,000 $100,000 Section Total - Continuation $47,627,215 $47,627,215 $47,627,215 $47,627,215 $100,000 $100,000 $100,000 $100,000 4236 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $47,727,215 $47,727,215 $47,727,215 Section Total - Final TOTAL STATE FUNDS $49,847,069 $50,060,353 $50,112,887 State General Funds $49,847,069 $50,060,353 $50,112,887 TOTAL FEDERAL FUNDS $26,558 Federal Funds Not Itemized $0 $26,558 TOTAL PUBLIC FUNDS $49,847,069 $50,060,353 $50,139,445 Board Administration Continuation Budget The purpose is to provide administrative support for the agency. TOTAL STATE FUNDS $4,326,255 $4,326,255 $4,326,255 State General Funds $4,326,255 $4,326,255 $4,326,255 TOTAL FEDERAL FUNDS $100,000 $100,000 $100,000 Federal Funds Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $4,426,255 $4,426,255 $4,426,255 Statewide Changes 293.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $144,957 $144,957 $144,957 Changes in Operations / Administration 293.2 Provide additional funds for utilities, fuel and mileage reimbursement. State General Funds $20,652 $20,652 $20,652 293.5 Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following position: Parole Officer.(S:Add Parole Investigators) State General Funds $213,284 $265,818 Changes in How the Program is Funded 293.3 Eliminate one-time federal funding used for Parole Risk guidelines improvement. Federal Funds Not Itemized ($100,000) ($100,000) ($100,000) TOTAL PUBLIC FUNDS ($100,000) Changes in the Size of the Program 293.4 Align funds to accurately align program delivery and personnel. State General Funds $400,000 $400,000 $400,000 THURSDAY, MARCH 23, 2006 4237 293. Board Administration Appropriation (HB1027) The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $4,891,864 $5,105,148 $5,157,682 State General Funds $4,891,864 $5,105,148 $5,157,682 Federal Funds Not Itemized $0 TOTAL PUBLIC FUNDS $4,891,864 $5,105,148 $5,157,682 Clemency Decisions Continuation Budget The purpose is to investigate offenders when they enter the corrections system and make determinations about offender eligibility for parole. TOTAL STATE FUNDS $9,769,111 $9,769,111 $9,769,111 State General Funds $9,769,111 $9,769,111 $9,769,111 TOTAL PUBLIC FUNDS $9,769,111 $9,769,111 $9,769,111 Statewide Changes 294.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $332,847 $332,847 $332,847 Changes in Operations / Administration 294.2 Provide additional funds for utilities, fuel and mileage reimbursement. State General Funds $15,452 $15,452 $15,452 Changes in the Size of the Program 294.3 Transfer funds from Parole Supervision to cover costs of records retention. State General Funds $50,000 $50,000 $50,000 294. Clemency Decisions Appropriation (HB1027) The purpose of this appropriation is to investigate offenders when they enter the corrections system and make determinations about offender eligibility for parole. TOTAL STATE FUNDS $10,167,410 $10,167,410 $10,167,410 State General Funds $10,167,410 $10,167,410 $10,167,410 TOTAL PUBLIC FUNDS $10,167,410 $10,167,410 $10,167,410 Parole Supervision Continuation Budget The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens. TOTAL STATE FUNDS $33,015,382 $33,015,382 $33,015,382 State General Funds $33,015,382 $33,015,382 $33,015,382 4238 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $33,015,382 $33,015,382 $33,015,382 Statewide Changes 295.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $1,079,671 $1,079,671 $1,079,671 Changes in Operations / Administration 295.2 Provide additional funds for utilities, fuel and mileage reimbursement. State General Funds $311,081 $311,081 $311,081 Changes in How the Program is Funded 295.6 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $26,558 TOTAL PUBLIC FUNDS $26,558 Changes in the Size of the Program 295.3 Align funding to accurately align program delivery and personnel. State General Funds ($400,000) ($400,000) ($400,000) 295.4 Provide additional funding for substance abuse assessment and treatment. State General Funds $300,000 $300,000 $300,000 295.5 Transfer funds to Clemency Decisions to cover costs of records retention. State General Funds ($50,000) ($50,000) ($50,000) 295. Parole Supervision Appropriation (HB1027) The purpose of this appropriation is for transitioning offenders from prison back into the community as productive, law abiding citizens. TOTAL STATE FUNDS $34,256,134 $34,256,134 $34,256,134 State General Funds $34,256,134 $34,256,134 $34,256,134 TOTAL FEDERAL FUNDS $26,558 Federal Funds Not Itemized $26,558 TOTAL PUBLIC FUNDS $34,256,134 $34,256,134 $34,282,692 Victim Services Continuation Budget 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 STATE FUNDS $516,467 $516,467 $516,467 THURSDAY, MARCH 23, 2006 4239 State General Funds $516,467 $516,467 $516,467 TOTAL PUBLIC FUNDS $516,467 $516,467 $516,467 Statewide Changes 296.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $15,194 $15,194 $15,194 296. Victim Services Appropriation (HB1027) 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 STATE FUNDS $531,661 $531,661 $531,661 State General Funds $531,661 $531,661 $531,661 TOTAL PUBLIC FUNDS $531,661 $531,661 $531,661 Section 36: Properties Commission, State Section Total - Continuation TOTAL STATE FUNDS $3,261,332 $3,261,332 $3,261,332 State General Funds $3,261,332 $3,261,332 $3,261,332 TOTAL PUBLIC FUNDS $3,261,332 $3,261,332 $3,261,332 Section Total - Final TOTAL INTRA-STATE GOVERNMENT TRANSFERS $991,080 $991,080 $991,080 TOTAL PUBLIC FUNDS $991,080 $991,080 $991,080 Leasing Continuation Budget 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 STATE FUNDS $371,491 $371,491 $371,491 State General Funds $371,491 $371,491 $371,491 TOTAL PUBLIC FUNDS $371,491 $371,491 $371,491 Statewide Changes 297.1 GTA, GBA, WC, COLA, SHBP and Annualizer Rental Payments $31,164 $31,164 $31,164 4240 JOURNAL OF THE HOUSE Changes to the Purpose or the Purpose Measure 297.4 SAC: The purpose of this appropriation is to help state government meet its current need for office space and plan for future needs as business goals and operations change. House: To manage leasing transactions. Rental Payments $0 $0 Changes in Operations / Administration 297.2 Change program name from "Space Management" to "Leasing". (G:YES)(H:YES)(S:YES) Rental Payments $0 $0 $0 Changes in the Size of the Program 297.3 Transfer from the Department of Administrative Services per SB 158. State General Funds ($371,491) ($371,491) ($371,491) Rental Payments $371,491 $371,491 $371,491 TOTAL PUBLIC FUNDS $0 $0 $0 297. Leasing Appropriation (HB1027) The purpose of this appropriation is to help state government meet its current need for office space and plan for future needs as business goals and operations change. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $402,655 $402,655 $402,655 Rental Payments $402,655 $402,655 $402,655 TOTAL PUBLIC FUNDS $402,655 $402,655 $402,655 Properties Commission, State Continuation Budget 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 STATE FUNDS $558,553 $558,553 $558,553 State General Funds $558,553 $558,553 $558,553 TOTAL PUBLIC FUNDS $558,553 $558,553 $558,553 Statewide Changes 298.1 GTA, GBA, WC, COLA, SHBP and Annualizer Rental Payments $29,872 $29,872 $29,872 Changes in How the Program is Funded 298.2 Replace state funds with rental payments for the operation of the State Properties Commission. State General Funds ($558,553) ($558,553) ($558,553) THURSDAY, MARCH 23, 2006 4241 Rental Payments $558,553 $558,553 $558,553 TOTAL PUBLIC FUNDS $0 $0 $0 298. Properties Commission, State Appropriation (HB1027) The purpose of this appropriation 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 INTRA-STATE GOVERNMENT TRANSFERS $588,425 $588,425 $588,425 Rental Payments $588,425 $588,425 $588,425 TOTAL PUBLIC FUNDS $588,425 $588,425 $588,425 Payments to Georgia Building Authority Continuation Budget The purpose is to purchase, erect, and maintain buildings and other facilities to house agents and officials of the state government. TOTAL STATE FUNDS $2,331,288 $2,331,288 $2,331,288 State General Funds $2,331,288 $2,331,288 $2,331,288 TOTAL PUBLIC FUNDS $2,331,288 $2,331,288 $2,331,288 Statewide Changes 299.1 GTA, GBA, WC, COLA, SHBP and Annualizer Sales and Services Not Itemized $0 $0 $0 Changes in Operations / Administration 299.2 Provide funding for projects at Northwest Georgia Regional Hospital, Southwestern State Hospital, and East Central Regional Hospital - Augusta Campus. (G:YES)(H:YES)(S:YES) Sales and Services Not Itemized $0 $0 $0 299.3 Adjust annualizer to reflect updated projections (-$2,246). (G:YES)(H:YES)(S:YES) Sales and Services Not Itemized $0 $0 $0 One-Time Expense 299.4 Eliminate one-time funding for the purchase of property around Capitol Hill (-$1,500,000). (G:YES)(H:YES)(S:YES) Sales and Services Not Itemized $0 $0 $0 Changes in How the Program is Funded 299.5 Eliminate State General Funds from the GBA budget. State General Funds ($2,331,288) ($2,331,288) ($2,331,288) 299.6 Transfer from the Department of Administrative Services per SB 158 ($2,331,288). (G:YES)(H:YES)(S:YES) 4242 JOURNAL OF THE HOUSE Sales and Services Not Itemized $0 $0 $0 Changes in the Size of the Program 299.7 Adjust agency rental rates to create a maintenance and repair fund for facilities ($3,000,000). (G:YES)(H:YES)(S:YES) Sales and Services Not Itemized $0 $0 $0 Section 37A: Public Safety, Department of Section Total - Continuation TOTAL STATE FUNDS $86,889,001 $86,889,001 $86,889,001 State General Funds $86,889,001 $86,889,001 $86,889,001 TOTAL FEDERAL FUNDS $5,728,935 $5,728,935 $5,728,935 Federal Funds Not Itemized $5,728,935 $5,728,935 $5,728,935 TOTAL AGENCY FUNDS $7,196,898 $7,196,898 $7,196,898 Sales and Services $7,196,898 $7,196,898 $7,196,898 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,151,435 $3,151,435 $3,151,435 TOTAL PUBLIC FUNDS $102,966,269 $102,966,269 $102,966,269 Section Total - Final TOTAL STATE FUNDS $90,883,720 $93,092,896 $91,676,495 State General Funds $90,883,720 $93,092,896 $91,676,495 TOTAL FEDERAL FUNDS $7,028,935 $7,028,935 $14,227,778 Federal Funds Not Itemized $7,028,935 $7,028,935 $14,227,778 TOTAL AGENCY FUNDS $5,896,898 $5,896,898 $8,798,006 Contributions, Donations, and Forfeitures $3,115 Intergovernmental Transfers $2,782,285 Sales and Services $5,896,898 $5,896,898 $6,012,606 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,151,435 $3,151,435 $3,151,435 TOTAL PUBLIC FUNDS $106,960,988 $109,170,164 $117,853,714 Aviation Continuation Budget 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 STATE FUNDS $2,307,130 $2,307,130 $2,307,130 THURSDAY, MARCH 23, 2006 4243 State General Funds $2,307,130 $2,307,130 $2,307,130 TOTAL PUBLIC FUNDS $2,307,130 $2,307,130 $2,307,130 Statewide Changes 300.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $58,765 $58,765 $58,765 Changes in How the Program is Funded 300.2 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $5,936 300. Aviation Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $2,365,895 $2,365,895 $2,365,895 State General Funds $2,365,895 $2,365,895 $2,365,895 TOTAL FEDERAL FUNDS $5,936 Federal Funds Not Itemized $5,936 TOTAL PUBLIC FUNDS $2,365,895 $2,365,895 $2,371,831 Capitol Police Services Continuation Budget The purpose is to protect life and property, prevent and detect criminal acts, and enforce traffic regulations throughout the Capitol. TOTAL STATE FUNDS $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,151,435 $3,151,435 $3,151,435 Agency to Agency Contracts $3,151,435 $3,151,435 $3,151,435 TOTAL PUBLIC FUNDS $3,151,435 $3,151,435 $3,151,435 Changes in How the Program is Funded 301.1 Add funds to properly reflect operating budget represented in HB1026. Intergovernmental Transfers Not Itemized $2,782,285 301. Capitol Police Services Appropriation (HB1027) The purpose of this appropriation is to protect life and property, prevent and detect criminal acts, and enforce traffic regulations throughout the Capitol. TOTAL AGENCY FUNDS $2,782,285 Intergovernmental Transfers $2,782,285 4244 JOURNAL OF THE HOUSE Intergovernmental Transfers Not Itemized $2,782,285 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,151,435 $3,151,435 $3,151,435 Agency to Agency Contracts $3,151,435 $3,151,435 $3,151,435 TOTAL PUBLIC FUNDS $3,151,435 $3,151,435 $5,933,720 Departmental Administration Continuation Budget The purpose is to work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state. TOTAL STATE FUNDS $9,816,239 $9,816,239 $9,816,239 State General Funds $9,816,239 $9,816,239 $9,816,239 TOTAL PUBLIC FUNDS $9,816,239 $9,816,239 $9,816,239 Statewide Changes 302.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $211,443 $211,443 $211,443 Changes in Operations / Administration 302.4 Realign program budgets to meet projected expenditures. State General Funds ($410,000) ($410,000) Changes in How the Program is Funded 302.5 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $43,820 Changes in the Size of the Program 302.2 Reduce funds. State General Funds ($373,178) ($373,178) ($373,178) 302.3 Transfer one position from the Georgia Department of Revenue. State General Funds $30,000 $30,000 $30,000 302. Departmental Administration Appropriation (HB1027) The purpose of this appropriation is to work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state. TOTAL STATE FUNDS $9,684,504 $9,274,504 $9,274,504 State General Funds $9,684,504 $9,274,504 $9,274,504 TOTAL FEDERAL FUNDS $43,820 Federal Funds Not Itemized $43,820 THURSDAY, MARCH 23, 2006 4245 TOTAL PUBLIC FUNDS $9,684,504 $9,274,504 $9,318,324 Executive Security Services Continuation Budget 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 STATE FUNDS $1,050,978 $1,050,978 $1,050,978 State General Funds $1,050,978 $1,050,978 $1,050,978 TOTAL PUBLIC FUNDS $1,050,978 $1,050,978 $1,050,978 Statewide Changes 303.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $41,376 $41,376 $41,376 Changes in How the Program is Funded 303.3 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $5,000 Changes in the Size of the Program 303.2 Realign program budgets to meet projected expenditures. State General Funds $300,000 $300,000 303. Executive Security Services Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $1,092,354 $1,392,354 $1,392,354 State General Funds $1,092,354 $1,392,354 $1,392,354 TOTAL FEDERAL FUNDS $5,000 Federal Funds Not Itemized $5,000 TOTAL PUBLIC FUNDS $1,092,354 $1,392,354 $1,397,354 Field Offices and Services Continuation Budget 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 STATE FUNDS $60,086,195 $60,086,195 $60,086,195 State General Funds $60,086,195 $60,086,195 $60,086,195 TOTAL PUBLIC FUNDS $60,086,195 $60,086,195 $60,086,195 4246 JOURNAL OF THE HOUSE Statewide Changes 304.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $2,378,099 $2,378,099 $2,378,099 Changes to the Purpose or the Purpose Measure 304.6 SAC: The purpose of this appropriation is to reduce drug trafficking in the State of Georgia by networking with other state, federal and local law enforcement agencies. House: The purpose of this appropriation is to reduce drug trafficking in the State of Georgia by networking with other state, federal and local law enforcement agencies. State General Funds $0 $0 Changes in Operations / Administration 304.2 Annualize the cost of two Trooper Schools. State General Funds $703,060 $703,060 $703,060 304.7 Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following positions: Trooper First Class, Lieutenant, Corporal, Sergeant, MCCD Corporal, and MCCD Sergeant.(S:Provide salary adjustment to Troopers, Troopers 1st Class, Cadets, Trooper Cadets/Trooper School, MCCD Officer Cadets, MCCD Sergeants, and MCCD Corporals) State General Funds $750,466 $597,473 304.9 Provide a 10% hazard pay supplement to SWAT team members. State General Funds $124,382 Changes in How the Program is Funded 304.8 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $1,253,433 Contributions, Donations, and Forfeitures Not Itemized $3,115 Sales and Services Not Itemized $90,913 TOTAL PUBLIC FUNDS $1,347,461 Changes in the Size of the Program 304.3 Provide funds to implement a ten Trooper Motorcycle unit located in the Metro Atlanta area. State General Funds $277,500 $0 $277,500 304.4 Fund sixteen vacant DPS Post Secretary positions. State General Funds $563,190 $0 304.5 Provide funds for two trooper schools, each with fifty initial candidates. THURSDAY, MARCH 23, 2006 4247 State General Funds $1,121,100 $0 304. Field Offices and Services Appropriation (HB1027) The purpose of this appropriation is to reduce drug trafficking in the State of Georgia by networking with other state, federal and local law enforcement agencies. TOTAL STATE FUNDS $63,444,854 $65,602,110 $64,166,709 State General Funds $63,444,854 $65,602,110 $64,166,709 TOTAL FEDERAL FUNDS $1,253,433 Federal Funds Not Itemized $1,253,433 TOTAL AGENCY FUNDS $94,028 Contributions, Donations, and Forfeitures $3,115 Contributions, Donations, and Forfeitures Not Itemized $3,115 Sales and Services $90,913 Sales and Services Not Itemized $90,913 TOTAL PUBLIC FUNDS $63,444,854 $65,602,110 $65,514,170 Motor Carrier Compliance Continuation Budget The purpose is to enforce and administer state laws and regulations for mandated programs relating to driver safety and driver education for both novice and problem drivers. TOTAL STATE FUNDS $6,329,515 $6,329,515 $6,329,515 State General Funds $6,329,515 $6,329,515 $6,329,515 TOTAL FEDERAL FUNDS $2,561,998 $2,561,998 $2,561,998 Federal Funds Not Itemized $2,561,998 $2,561,998 $2,561,998 TOTAL AGENCY FUNDS $7,196,898 $7,196,898 $7,196,898 Sales and Services $7,196,898 $7,196,898 $7,196,898 Sales and Services Not Itemized $7,196,898 $7,196,898 $7,196,898 TOTAL PUBLIC FUNDS $16,088,411 $16,088,411 $16,088,411 Statewide Changes 305.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $283,421 $283,421 $283,421 Changes in How the Program is Funded 305.2 Reflect a reduction of the DOT Permit funds and an increase in the Motor Carrier Safety Assistance Program funds. The redistribution allows the reduction of DOT Permit funds and an increase in the MCSAP funds. 4248 JOURNAL OF THE HOUSE Federal Funds Not Itemized $1,300,000 $1,300,000 $1,300,000 Sales and Services Not Itemized ($1,300,000) ($1,300,000) ($1,300,000) TOTAL PUBLIC FUNDS $0 $0 $0 305.3 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $321,676 305. Motor Carrier Compliance Appropriation (HB1027) The purpose of this appropriation is to enforce and administer state laws and regulations for mandated programs relating to driver safety and driver education for both novice and problem drivers. TOTAL STATE FUNDS $6,612,936 $6,612,936 $6,612,936 State General Funds $6,612,936 $6,612,936 $6,612,936 TOTAL FEDERAL FUNDS $3,861,998 $3,861,998 $4,183,674 Federal Funds Not Itemized $3,861,998 $3,861,998 $4,183,674 TOTAL AGENCY FUNDS $5,896,898 $5,896,898 $5,896,898 Sales and Services $5,896,898 $5,896,898 $5,896,898 Sales and Services Not Itemized $5,896,898 $5,896,898 $5,896,898 TOTAL PUBLIC FUNDS $16,371,832 $16,371,832 $16,693,508 Specialized Collision Reconstruction Team Continuation Budget 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 STATE FUNDS $2,150,997 $2,150,997 $2,150,997 State General Funds $2,150,997 $2,150,997 $2,150,997 TOTAL PUBLIC FUNDS $2,150,997 $2,150,997 $2,150,997 Statewide Changes 306.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $89,548 $89,548 $89,548 Changes in Operations / Administration 306.2 Realign program budgets to meet projected expenditures. State General Funds $110,000 $110,000 Changes in How the Program is Funded 306.3 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $12,770 THURSDAY, MARCH 23, 2006 4249 306. Specialized Collision Reconstruction Team Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $2,240,545 $2,350,545 $2,350,545 State General Funds $2,240,545 $2,350,545 $2,350,545 TOTAL FEDERAL FUNDS $12,770 Federal Funds Not Itemized $12,770 TOTAL PUBLIC FUNDS $2,240,545 $2,350,545 $2,363,315 Troop J Specialty Units Continuation Budget 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 STATE FUNDS $2,204,535 $2,204,535 $2,204,535 State General Funds $2,204,535 $2,204,535 $2,204,535 TOTAL PUBLIC FUNDS $2,204,535 $2,204,535 $2,204,535 Statewide Changes 307.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $87,220 $87,220 $87,220 Changes in How the Program is Funded 307.2 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $2,620 307. Troop J Specialty Units Appropriation (HB1027) 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 STATE FUNDS $2,291,755 $2,291,755 $2,291,755 State General Funds $2,291,755 $2,291,755 $2,291,755 TOTAL FEDERAL FUNDS $2,620 Federal Funds Not Itemized $2,620 TOTAL PUBLIC FUNDS $2,291,755 $2,291,755 $2,294,375 Firefighter Standards and Training Council, Georgia Continuation Budget The purpose is to provide minimum certification standards for all firefighters and public safety professionals. TOTAL STATE FUNDS $551,565 $551,565 $551,565 4250 JOURNAL OF THE HOUSE State General Funds $551,565 $551,565 $551,565 TOTAL PUBLIC FUNDS $551,565 $551,565 $551,565 Statewide Changes 309.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $20,580 $20,580 $20,580 Changes in Operations / Administration 309.2 Increase funds to implement SB69 that requires the Council to certify volunteer firefighters. State General Funds $16,080 $22,000 $22,000 309.3 Increase funds to provide state certified firefighters to evaluate firefighters certification tests. State General Funds $50,000 $96,000 $50,000 309. Firefighter Standards and Training Council, Georgia Appropriation (HB1027) The purpose of this appropriation is to provide minimum certification standards for all firefighters and public safety professionals. TOTAL STATE FUNDS $638,225 $690,145 $644,145 State General Funds $638,225 $690,145 $644,145 TOTAL PUBLIC FUNDS $638,225 $690,145 $644,145 Highway Safety, Office of Continuation Budget 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 STATE FUNDS $485,876 $485,876 $485,876 State General Funds $485,876 $485,876 $485,876 TOTAL FEDERAL FUNDS $3,166,937 $3,166,937 $3,166,937 Federal Funds Not Itemized $3,166,937 $3,166,937 $3,166,937 TOTAL PUBLIC FUNDS $3,652,813 $3,652,813 $3,652,813 Statewide Changes 310.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $18,009 $18,009 $18,009 Changes in How the Program is Funded 310.2 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $5,553,588 TOTAL PUBLIC FUNDS $5,553,588 THURSDAY, MARCH 23, 2006 4251 310. Highway Safety, Office of Appropriation (HB1027) The purpose of this appropriation is to educate the public on highway safety issues and facilitate the implementation of programs to reduce crashes, injuries and fatalities on Georgia roadways. TOTAL STATE FUNDS $503,885 $503,885 $503,885 State General Funds $503,885 $503,885 $503,885 TOTAL FEDERAL FUNDS $3,166,937 $3,166,937 $8,720,525 Federal Funds Not Itemized $3,166,937 $3,166,937 $8,720,525 TOTAL PUBLIC FUNDS $3,670,822 $3,670,822 $9,224,410 Peace Officer Standards and Training Council, Georgia Continuation Budget The purpose is to provide the citizens of Georgia with qualified, professionally trained, ethical and competent peace officers and criminal justice professionals. TOTAL STATE FUNDS $1,905,971 $1,905,971 $1,905,971 State General Funds $1,905,971 $1,905,971 $1,905,971 TOTAL PUBLIC FUNDS $1,905,971 $1,905,971 $1,905,971 Statewide Changes 311.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $59,297 $59,297 $59,297 Changes in Operations / Administration 311.2 Annualize the cost of one investigator position transferred from the Department of Corrections. State General Funds $43,499 $43,499 $43,499 Changes in How the Program is Funded 311.3 Add funds to properly reflect operating budget represented in HB1026. Sales and Services Not Itemized $24,795 Changes in the Size of the Program 311.4 Provide funds to develop and implement a Peace Officer certification exit exam. State General Funds $65,000 311. Peace Officer Standards and Training Council, Georgia Appropriation (HB1027) The purpose of this appropriation is to provide the citizens of Georgia with qualified, professionally trained, ethical and competent peace officers and criminal justice professionals. TOTAL STATE FUNDS $2,008,767 $2,008,767 $2,073,767 State General Funds $2,008,767 $2,008,767 $2,073,767 4252 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section 37B: Public Safety Training Center TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS Fire Academy, Georgia The purpose is to provide professional training for firefighters. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,008,767 $2,008,767 $24,795 $24,795 $24,795 $2,098,562 $10,988,058 $10,988,058 $756,913 $756,913 $877,160 $12,622,131 $11,371,656 $11,371,656 $756,913 $756,913 $877,160 $13,005,729 $993,773 $993,773 $152,680 $152,680 $152,680 $1,146,453 Section Total - Continuation $10,988,058 $10,988,058 $10,988,058 $10,988,058 $756,913 $756,913 $756,913 $756,913 $877,160 $877,160 $12,622,131 $12,622,131 Section Total - Final $11,571,656 $11,646,656 $11,571,656 $11,646,656 $1,482,639 $1,482,639 $756,913 $930,841 $756,913 $930,841 $877,160 $877,160 $13,205,729 $14,937,296 Continuation Budget $993,773 $993,773 $152,680 $152,680 $152,680 $1,146,453 $993,773 $993,773 $152,680 $152,680 $152,680 $1,146,453 THURSDAY, MARCH 23, 2006 4253 Statewide Changes 308.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $41,091 $41,091 $41,091 Changes in Operations / Administration 308.2 Transfer funds and activities to the Georgia Public Safety Training Center to allow all training to operate under one program.(G:YES)(H:YES)(S:Do not consolidate but create Section 37B Public Safety Training Center) State General Funds $0 $0 $0 Changes in How the Program is Funded 308.6 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $119,895 TOTAL PUBLIC FUNDS $119,895 Changes in the Size of the Program 308.3 Increase funds for regional training of volunteer firefighters. State General Funds $100,000 308.4 Increase funds to provide continual training of current technical rescue teams and to train replacement personnel when existing team members are rotated off. State General Funds $50,000 308.5 Increase funds to restore previous funding levels for Technical Rescue. State General Funds $25,000 308. Fire Academy, Georgia Appropriation (HB1027) The purpose of this appropriation is to provide professional training for firefighters. TOTAL STATE FUNDS $1,034,864 $1,034,864 $1,209,864 State General Funds $1,034,864 $1,034,864 $1,209,864 TOTAL FEDERAL FUNDS $119,895 Federal Funds Not Itemized $119,895 TOTAL AGENCY FUNDS $152,680 $152,680 $152,680 Sales and Services $152,680 $152,680 $152,680 Sales and Services Not Itemized $152,680 $152,680 $152,680 TOTAL PUBLIC FUNDS $1,187,544 $1,187,544 $1,482,439 4254 JOURNAL OF THE HOUSE Police Academy, Georgia Continuation Budget 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 STATE FUNDS $1,120,740 $1,120,740 $1,120,740 State General Funds $1,120,740 $1,120,740 $1,120,740 TOTAL AGENCY FUNDS $121,094 $121,094 $121,094 Sales and Services $121,094 $121,094 $121,094 Sales and Services Not Itemized $121,094 $121,094 $121,094 TOTAL PUBLIC FUNDS $1,241,834 $1,241,834 $1,241,834 Statewide Changes 312.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $44,057 $44,057 $44,057 Changes in Operations / Administration 312.2 Transfer funds and activities to the Georgia Public Safety Training Center to allow all training to operate under one program.(G:YES)(H:YES)(S:Do not consolidate programs but create Section 37B Public Safety Training Center) State General Funds $0 $0 $0 Changes in How the Program is Funded 312.3 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $1,227,230 TOTAL PUBLIC FUNDS $1,227,230 312. Police Academy, Georgia Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $1,164,797 $1,164,797 $1,164,797 State General Funds $1,164,797 $1,164,797 $1,164,797 TOTAL FEDERAL FUNDS $1,227,230 Federal Funds Not Itemized $1,227,230 TOTAL AGENCY FUNDS $121,094 $121,094 $121,094 Sales and Services $121,094 $121,094 $121,094 Sales and Services Not Itemized $121,094 $121,094 $121,094 TOTAL PUBLIC FUNDS $1,285,891 $1,285,891 $2,513,121 THURSDAY, MARCH 23, 2006 4255 Public Safety Training Center, Georgia Continuation Budget 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 STATE FUNDS $8,873,545 $8,873,545 $8,873,545 State General Funds $8,873,545 $8,873,545 $8,873,545 TOTAL AGENCY FUNDS $483,139 $483,139 $483,139 Sales and Services $483,139 $483,139 $483,139 Sales and Services Not Itemized $483,139 $483,139 $483,139 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $877,160 $877,160 $877,160 Agency to Agency Contracts $877,160 $877,160 $877,160 TOTAL PUBLIC FUNDS $10,233,844 $10,233,844 $10,233,844 Statewide Changes 313.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $263,450 $263,450 $263,450 Changes in Operations / Administration 313.2 Transfer funds and activities from Fire Academy and Police Academy to allow all training to operate under one program.(G:YES)(H:YES)(S:Do not consolidate but create Section 37B Public Safety Training Center) State General Funds $0 $0 $0 One-Time Expense 313.4 Add funds to develop the Dalton Diversion Center as a Training Center and other facilities as needed. State General Funds $200,000 $100,000 Changes in the Size of the Program 313.3 Increase funds to provide meals and lodging for students enrolled in the Basic Communications Officer course. State General Funds $35,000 $35,000 $35,000 313.5 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $135,514 Sales and Services Not Itemized $173,928 TOTAL PUBLIC FUNDS $309,442 313. Public Safety Training Center, Georgia Appropriation (HB1027) 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. 4256 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency to Agency Contracts TOTAL PUBLIC FUNDS $9,171,995 $9,171,995 $483,139 $483,139 $483,139 $877,160 $877,160 $10,532,294 $9,371,995 $9,371,995 $483,139 $483,139 $483,139 $877,160 $877,160 $10,732,294 $9,271,995 $9,271,995 $135,514 $135,514 $657,067 $657,067 $657,067 $877,160 $877,160 $10,941,736 Section 38: Public Service Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $8,405,867 $8,405,867 $273,311 $273,311 $8,679,178 TOTAL STATE FUNDS $8,847,095 State General Funds $8,847,095 TOTAL FEDERAL FUNDS $273,311 Federal Funds Not Itemized $273,311 TOTAL PUBLIC FUNDS $9,120,406 Commission Administration The purpose is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,401,396 State General Funds $1,401,396 TOTAL PUBLIC FUNDS $1,401,396 Section Total - Continuation $8,405,867 $8,405,867 $8,405,867 $8,405,867 $273,311 $273,311 $273,311 $273,311 $8,679,178 $8,679,178 Section Total - Final $8,847,095 $8,847,095 $8,847,095 $8,847,095 $273,311 $273,311 $273,311 $273,311 $9,120,406 $9,120,406 Continuation Budget $1,401,396 $1,401,396 $1,401,396 $1,401,396 $1,401,396 $1,401,396 THURSDAY, MARCH 23, 2006 4257 Statewide Changes 314.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $48,655 $48,655 $48,655 One-Time Expense 314.2 Eliminate one-time funding for moving expenses. State General Funds ($175,000) ($175,000) ($175,000) Changes in the Size of the Program 314.3 Reduce the program by transferring funds to the Utilities Regulation program. State General Funds ($87,986) ($87,986) ($87,986) 314. Commission Administration Appropriation (HB1027) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,187,065 $1,187,065 $1,187,065 State General Funds $1,187,065 $1,187,065 $1,187,065 TOTAL PUBLIC FUNDS $1,187,065 $1,187,065 $1,187,065 Facility Protection Continuation Budget The purpose of this is to provide for the protection of the buried utility facility infrastructure within the State of Georgia. TOTAL STATE FUNDS $665,164 $665,164 $665,164 State General Funds $665,164 $665,164 $665,164 TOTAL FEDERAL FUNDS $273,311 $273,311 $273,311 Federal Funds Not Itemized $273,311 $273,311 $273,311 TOTAL PUBLIC FUNDS $938,475 $938,475 $938,475 Statewide Changes 315.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $25,679 $25,679 $25,679 Changes in Operations / Administration 315.2 Transfer a position to Facilities Protection from Utilities Regulation. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 Changes in the Size of the Program 315.3 Reduce program by transferring funds to the Utilities Regulation program. State General Funds ($60,519) ($60,519) ($60,519) 4258 JOURNAL OF THE HOUSE 315. Facility Protection Appropriation (HB1027) The purpose of this is to provide for the protection of the buried utility facility infrastructure within the State of Georgia. TOTAL STATE FUNDS $630,324 $630,324 $630,324 State General Funds $630,324 $630,324 $630,324 TOTAL FEDERAL FUNDS $273,311 $273,311 $273,311 Federal Funds Not Itemized $273,311 $273,311 $273,311 TOTAL PUBLIC FUNDS $903,635 $903,635 $903,635 Utilities Regulation Continuation Budget The purpose is to regulate intrastate telecommunications, natural gas, and electric utilities. TOTAL STATE FUNDS $6,339,307 $6,339,307 $6,339,307 State General Funds $6,339,307 $6,339,307 $6,339,307 TOTAL PUBLIC FUNDS $6,339,307 $6,339,307 $6,339,307 Statewide Changes 316.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $231,679 $231,679 $231,679 One-Time Expense 316.2 Provide funding to hire outside consultants and expert witnesses for upcoming rate proceedings. State General Funds $200,000 $200,000 $200,000 Changes in the Size of the Program 316.3 Transfer a position to Facilities Protection to accurately reflect program expenditures (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 316.4 Transfer funds from the Administration and Facilities Protection programs to accurately reflect program expenditures. State General Funds $148,505 $148,505 $148,505 316.5 Add two positions to the Transportation unit to perform audits and training and to update maximum rate tariffs. State General Funds $110,215 $110,215 $110,215 316. Utilities Regulation Appropriation (HB1027) The purpose of this appropriation is to regulate intrastate telecommunications, natural gas, and electric utilities. TOTAL STATE FUNDS $7,029,706 $7,029,706 $7,029,706 State General Funds $7,029,706 $7,029,706 $7,029,706 TOTAL PUBLIC FUNDS $7,029,706 $7,029,706 $7,029,706 THURSDAY, MARCH 23, 2006 4259 Section 39: Regents, University System of Georgia Section Total - Continuation TOTAL STATE FUNDS $1,812,797,698 $1,812,797,698 $1,812,797,698 State General Funds $1,796,565,144 $1,796,565,144 $1,796,565,144 Tobacco Settlement Funds $16,232,554 $16,232,554 $16,232,554 TOTAL FEDERAL FUNDS $12,200,352 $12,200,352 $12,200,352 Federal Funds Not Itemized $12,200,352 $12,200,352 $12,200,352 TOTAL AGENCY FUNDS $2,672,930,319 $2,672,930,319 $2,672,930,319 Contributions, Donations, and Forfeitures $41,990,014 $41,990,014 $41,990,014 Intergovernmental Transfers $1,512,397,225 $1,512,397,225 $1,512,397,225 Rebates, Refunds, and Reimbursements $40,830,855 $40,830,855 $40,830,855 Sales and Services $1,077,712,225 $1,077,712,225 $1,077,712,225 TOTAL PUBLIC FUNDS $4,497,928,369 $4,497,928,369 $4,497,928,369 Section Total - Final TOTAL STATE FUNDS $1,929,940,929 $1,931,082,193 $1,932,876,213 State General Funds $1,914,208,375 $1,915,349,639 $1,917,143,659 Tobacco Settlement Funds $15,732,554 $15,732,554 $15,732,554 TOTAL FEDERAL FUNDS $12,200,352 $12,200,352 $12,200,352 Federal Funds Not Itemized $12,200,352 $12,200,352 $12,200,352 TOTAL AGENCY FUNDS $2,672,930,319 $2,672,930,319 $2,702,794,070 Contributions, Donations, and Forfeitures $41,990,014 $41,990,014 $41,990,014 Intergovernmental Transfers $1,512,397,225 $1,512,397,225 $1,519,827,644 Rebates, Refunds, and Reimbursements $40,830,855 $40,830,855 $52,980,546 Royalties and Rents $5,000 Sales and Services $1,077,712,225 $1,077,712,225 $1,087,990,866 TOTAL PUBLIC FUNDS $4,615,071,600 $4,616,212,864 $4,647,870,635 Advanced Technology Development Center/Economic Continuation Budget 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 STATE FUNDS $8,852,624 $8,852,624 $8,852,624 4260 JOURNAL OF THE HOUSE State General Funds $8,852,624 $8,852,624 $8,852,624 TOTAL AGENCY FUNDS $12,875,000 $12,875,000 $12,875,000 Intergovernmental Transfers $7,875,000 $7,875,000 $7,875,000 Intergovernmental Transfers Not Itemized $7,875,000 $7,875,000 $7,875,000 Sales and Services $5,000,000 $5,000,000 $5,000,000 Sales and Services Not Itemized $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $21,727,624 $21,727,624 $21,727,624 Statewide Changes 317.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $248,542 $248,542 $248,542 Changes to the Purpose or the Purpose Measure 317.6 SAC: The purpose of this appropriation is to increase the technology business base in Georgia by helping entrepreneurs launch and build successful companies; grow Georgia's economy through the application of technology- driven solutions in order to enhance the competitiveness of Georgia's manufacturing and business sectors; and encourage the development and growth of Georgia's wood processing industries to adopt technology to enhance productivity and processes through education, research and demonstration. State General Funds $0 Changes in Operations / Administration 317.8 Transfer the Advanced Wood Products Laboratory from the Center for Assistive Technology and Environmental Access. State General Funds $326,080 One-Time Expense 317.2 Provide funding to expand the Seed Capital Fund for investment in entrepreneur-led start-up companies to promote job growth in Georgia's bioscience industry. State General Funds $5,000,000 $5,000,000 $5,000,000 Changes in the Size of the Program 317.3 Reduce funding for the Business Insight Initiative. State General Funds ($55,031) ($55,031) ($55,031) 317.4 Transfer from the Georgia Tech Research Institute. State General Funds $200,000 $200,000 $200,000 THURSDAY, MARCH 23, 2006 4261 317.5 Add funds to properly reflect operating budget represented in HB1026. Sales and Services Not Itemized $160,461 317. Advanced Technology Development Center/Economic Appropriation (HB1027) Development Institute The purpose of this appropriation is to increase the technology business base in Georgia by helping entrepreneurs launch and build successful companies; grow Georgia's economy through the application of technology-driven solutions in order to enhance the competitiveness of Georgia's manufacturing and business sectors; and encourage the development and growth of Georgia's wood processing industries to adopt technology to enhance productivity and processes through education, research and demonstration. TOTAL STATE FUNDS $14,246,135 $14,246,135 $14,572,215 State General Funds $14,246,135 $14,246,135 $14,572,215 TOTAL AGENCY FUNDS $12,875,000 $12,875,000 $13,035,461 Intergovernmental Transfers $7,875,000 $7,875,000 $7,875,000 Intergovernmental Transfers Not Itemized $7,875,000 $7,875,000 $7,875,000 Sales and Services $5,000,000 $5,000,000 $5,160,461 Sales and Services Not Itemized $5,000,000 $5,000,000 $5,160,461 TOTAL PUBLIC FUNDS $27,121,135 $27,121,135 $27,607,676 Agricultural Experiment Station Continuation Budget The purpose is to improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competitiveness. TOTAL STATE FUNDS $38,481,866 $38,481,866 $38,481,866 State General Funds $38,481,866 $38,481,866 $38,481,866 TOTAL FEDERAL FUNDS $4,604,976 $4,604,976 $4,604,976 Federal Funds Not Itemized $4,604,976 $4,604,976 $4,604,976 TOTAL AGENCY FUNDS $27,836,286 $27,836,286 $27,836,286 Intergovernmental Transfers $22,000,000 $22,000,000 $22,000,000 Intergovernmental Transfers Not Itemized $22,000,000 $22,000,000 $22,000,000 Rebates, Refunds, and Reimbursements $1,800,000 $1,800,000 $1,800,000 Rebates, Refunds, and Reimbursements Not Itemized $1,800,000 $1,800,000 $1,800,000 Sales and Services $4,036,286 $4,036,286 $4,036,286 Sales and Services Not Itemized $4,036,286 $4,036,286 $4,036,286 4262 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $70,923,128 $70,923,128 $70,923,128 Statewide Changes 318.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $1,044,906 $1,044,906 $1,044,906 Changes to the Purpose or the Purpose Measure 318.10 SAC: The purpose of this appropriation is to improve the production, processing, product development, food safety, storage, and marketing of animal and plant agricultural products in order to increase the profitability, global competitiveness, and food supply security within these industries; and investigate environmental problems and develop solutions. The purpose will be measured by the number and percent of broiler, layers, diary and swine operators trained in Georgia. State General Funds $0 Changes in Operations / Administration 318.2 Transfer funds to Forestry Research. State General Funds ($19,908) ($19,908) ($19,908) One-Time Expense 318.8 Provide funds for a renewable energy fuel mix feasibility study to evaluate a renewable energy requirement for the state. State General Funds $30,000 Changes in the Size of the Program 318.3 Add funds for maintenance and operations. State General Funds $700,000 $700,000 $700,000 318.4 Provide funds to study disease-causing pathogens in vegetable production. State General Funds $150,000 318.9 Provide funds for poultry disease management. State General Funds $150,000 318. Agricultural Experiment Station Appropriation (HB1027) The purpose of this appropriation is to improve the production, processing, product development, food safety, storage, and marketing of animal and plant agricultural products in order to increase the profitability, global competitiveness, and food supply security within these industries; and investigate environmental problems and develop solutions. The purpose will be measured by the number and percent of broiler, layers, diary and swine operators trained in Georgia. TOTAL STATE FUNDS $40,206,864 $40,206,864 $40,536,864 THURSDAY, MARCH 23, 2006 4263 State General Funds $40,206,864 $40,206,864 $40,536,864 TOTAL FEDERAL FUNDS $4,604,976 $4,604,976 $4,604,976 Federal Funds Not Itemized $4,604,976 $4,604,976 $4,604,976 TOTAL AGENCY FUNDS $27,836,286 $27,836,286 $27,836,286 Intergovernmental Transfers $22,000,000 $22,000,000 $22,000,000 Intergovernmental Transfers Not Itemized $22,000,000 $22,000,000 $22,000,000 Rebates, Refunds, and Reimbursements $1,800,000 $1,800,000 $1,800,000 Rebates, Refunds, and Reimbursements Not Itemized $1,800,000 $1,800,000 $1,800,000 Sales and Services $4,036,286 $4,036,286 $4,036,286 Sales and Services Not Itemized $4,036,286 $4,036,286 $4,036,286 TOTAL PUBLIC FUNDS $72,648,126 $72,648,126 $72,978,126 Athens and Tifton Veterinary Laboratories Continuation Budget 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 STATE FUNDS $41,542 $41,542 $41,542 State General Funds $41,542 $41,542 $41,542 TOTAL AGENCY FUNDS $4,653,970 $4,653,970 $4,653,970 Intergovernmental Transfers $4,653,970 $4,653,970 $4,653,970 Intergovernmental Transfers Not Itemized $4,653,970 $4,653,970 $4,653,970 TOTAL PUBLIC FUNDS $4,695,512 $4,695,512 $4,695,512 Statewide Changes 319.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $41,542 $41,542 $41,542 Changes to the Purpose or the Purpose Measure 319.2 SAC: The purpose of this appropriation is to provide veterinarians and regulatory agencies with diagnostic support and surveillance for naturally occurring diseases affecting livestock, companion animals and wildlife. The purpose will be measured by: the total number of accessions per category from the diagnostic laboratories; and the total number of accessions from the diagnostic laboratories. State General Funds $0 4264 JOURNAL OF THE HOUSE 319. Athens and Tifton Veterinary Laboratories Appropriation (HB1027) The purpose of this appropriation is to provide veterinarians and regulatory agencies with diagnostic support and surveillance for naturally occurring diseases affecting livestock, companion animals and wildlife. The purpose will be measured by: the total number of accessions per category from the diagnostic laboratories; and the total number of accessions from the diagnostic laboratories. TOTAL STATE FUNDS $83,084 $83,084 $83,084 State General Funds $83,084 $83,084 $83,084 TOTAL AGENCY FUNDS $4,653,970 $4,653,970 $4,653,970 Intergovernmental Transfers $4,653,970 $4,653,970 $4,653,970 Intergovernmental Transfers Not Itemized $4,653,970 $4,653,970 $4,653,970 TOTAL PUBLIC FUNDS $4,737,054 $4,737,054 $4,737,054 Center for Assistive Technology and Environmental Access Continuation Budget The purpose is to provide research and development activities to target the increase function and independence of persons with disabilities. TOTAL STATE FUNDS $326,080 $326,080 $326,080 State General Funds $326,080 $326,080 $326,080 TOTAL PUBLIC FUNDS $326,080 $326,080 $326,080 Changes in Operations / Administration 320.1 Transfer the Advanced Wood Products Laboratory to the Advanced Technology Development Center/Economic Development Institute. State General Funds $0 $0 ($326,080) 320.3 Transfer Disability Services to Teaching. Intergovernmental Transfers Not Itemized ($1,590,309) Rebates, Refunds, and Reimbursements Not Itemized ($468,670) TOTAL PUBLIC FUNDS ($2,058,979) Changes in the Size of the Program 320.2 Add funds to properly reflect operating budget represented in HB1026. Intergovernmental Transfers Not Itemized $1,590,309 Rebates, Refunds, and Reimbursements Not Itemized $468,670 TOTAL PUBLIC FUNDS $2,058,979 THURSDAY, MARCH 23, 2006 4265 320. Center for Assistive Technology and Environmental Appropriation (HB1027) The purpose of this appropriation is to provide research and development activities to target the increase function and independence of persons with disabilities. TOTAL STATE FUNDS $326,080 $326,080 State General Funds $326,080 $326,080 TOTAL PUBLIC FUNDS $326,080 $326,080 Cooperative Extension Service Continuation Budget The purpose is to enhance the quality of life for Georgia's citizens through service, learning and the adaptation of research based information. TOTAL STATE FUNDS $31,779,748 $31,779,748 $31,779,748 State General Funds $31,779,748 $31,779,748 $31,779,748 TOTAL FEDERAL FUNDS $5,086,168 $5,086,168 $5,086,168 Federal Funds Not Itemized $5,086,168 $5,086,168 $5,086,168 TOTAL AGENCY FUNDS $18,007,969 $18,007,969 $18,007,969 Intergovernmental Transfers $15,460,075 $15,460,075 $15,460,075 Intergovernmental Transfers Not Itemized $15,460,075 $15,460,075 $15,460,075 Rebates, Refunds, and Reimbursements $125,000 $125,000 $125,000 Rebates, Refunds, and Reimbursements Not Itemized $125,000 $125,000 $125,000 Sales and Services $2,422,894 $2,422,894 $2,422,894 Sales and Services Not Itemized $2,422,894 $2,422,894 $2,422,894 TOTAL PUBLIC FUNDS $54,873,885 $54,873,885 $54,873,885 Statewide Changes 321.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $979,788 $979,788 $979,788 Changes in Operations / Administration 321.2 Transfer funds to Forestry Cooperative Extension. State General Funds ($6,262) ($6,262) ($6,262) One-Time Expense 321.3 Eliminate one-time funds for the Formosan Termite Project. State General Funds ($80,000) ($80,000) ($60,000) 4266 JOURNAL OF THE HOUSE Changes in the Size of the Program 321.4 Add funds for maintenance and operations. State General Funds $300,000 $300,000 $300,000 321.5 Add three county extension agents for animal poultry and two agents for 4-H. (S:Add $100,000 to restore partial funding for the Regional Post Harvest Fruit and Vegetable Research Center (Bacon County) and designate one 4-H position for Thomas County.) State General Funds $386,000 $386,000 $486,000 321.6 Provide funds for Vidalia onion research. State General Funds $75,000 $75,000 321.7 Add funds to properly reflect operating budget represented in HB1026. Sales and Services Not Itemized $450,000 321. Cooperative Extension Service Appropriation (HB1027) The purpose of this appropriation is to enhance the quality of life for Georgia's citizens through service, learning and the adaptation of research based information. TOTAL STATE FUNDS $33,359,274 $33,434,274 $33,554,274 State General Funds $33,359,274 $33,434,274 $33,554,274 TOTAL FEDERAL FUNDS $5,086,168 $5,086,168 $5,086,168 Federal Funds Not Itemized $5,086,168 $5,086,168 $5,086,168 TOTAL AGENCY FUNDS $18,007,969 $18,007,969 $18,457,969 Intergovernmental Transfers $15,460,075 $15,460,075 $15,460,075 Intergovernmental Transfers Not Itemized $15,460,075 $15,460,075 $15,460,075 Rebates, Refunds, and Reimbursements $125,000 $125,000 $125,000 Rebates, Refunds, and Reimbursements Not Itemized $125,000 $125,000 $125,000 Sales and Services $2,422,894 $2,422,894 $2,872,894 Sales and Services Not Itemized $2,422,894 $2,422,894 $2,872,894 TOTAL PUBLIC FUNDS $56,453,411 $56,528,411 $57,098,411 Forestry Cooperative Extension Continuation Budget 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 STATE FUNDS $632,486 $632,486 $632,486 State General Funds $632,486 $632,486 $632,486 THURSDAY, MARCH 23, 2006 4267 TOTAL PUBLIC FUNDS $632,486 $632,486 $632,486 Statewide Changes 322.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $20,694 $20,694 $20,694 Changes in Operations / Administration 322.2 Transfer from Cooperative Extension Service. State General Funds $6,262 $6,262 $6,262 Changes in the Size of the Program 322.3 Eliminate funds for a part-time administrative support position. State General Funds ($12,650) $0 ($12,650) 322.4 Add funds to properly reflect operating budget represented in HB1026. Sales and Services Not Itemized $4,000 322. Forestry Cooperative Extension Appropriation (HB1027) 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 STATE FUNDS $646,792 $659,442 $646,792 State General Funds $646,792 $659,442 $646,792 TOTAL AGENCY FUNDS $4,000 Sales and Services $4,000 Sales and Services Not Itemized $4,000 TOTAL PUBLIC FUNDS $646,792 $659,442 $650,792 Forestry Research Continuation Budget 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 STATE FUNDS $3,011,535 $3,011,535 $3,011,535 State General Funds $3,011,535 $3,011,535 $3,011,535 TOTAL PUBLIC FUNDS $3,011,535 $3,011,535 $3,011,535 Statewide Changes 323.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $102,898 $102,898 $102,898 4268 JOURNAL OF THE HOUSE Changes to the Purpose or the Purpose Measure 323.5 SAC: The purpose of this appropriation is to sustain the competitiveness of Georgia's private landowners and forest products industry through research in order to increase forest productivity, improve cost-efficiency in fiber supply management, and meet the environmental goals of the Sustainable Forestry Initiative. State General Funds $0 Changes in Operations / Administration 323.2 Transfer from Agricultural Experiment Station. State General Funds $19,908 $19,908 $19,908 Changes in the Size of the Program 323.3 Eliminate funding for support positions. State General Funds ($60,231) $0 $0 323.4 Add funds to properly reflect operating budget represented in HB1026. Royalties and Rents Not Itemized $5,000 Sales and Services Not Itemized $530,000 TOTAL PUBLIC FUNDS $535,000 323. Forestry Research Appropriation (HB1027) The purpose of this appropriation is to sustain the competitiveness of Georgia's private landowners and forest products industry through research in order to increase forest productivity, improve cost-efficiency in fiber supply management, and meet the environmental goals of the Sustainable Forestry Initiative. TOTAL STATE FUNDS $3,074,110 $3,134,341 $3,134,341 State General Funds $3,074,110 $3,134,341 $3,134,341 TOTAL AGENCY FUNDS $535,000 Royalties and Rents $5,000 Royalties and Rents Not Itemized $5,000 Sales and Services $530,000 Sales and Services Not Itemized $530,000 TOTAL PUBLIC FUNDS $3,074,110 $3,134,341 $3,669,341 Georgia Radiation Therapy Center Continuation Budget The purpose is to provide patient care and education. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 THURSDAY, MARCH 23, 2006 4269 TOTAL AGENCY FUNDS $3,625,810 $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures $3,625,810 $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures Not Itemized $3,625,810 $3,625,810 $3,625,810 TOTAL PUBLIC FUNDS $3,625,810 $3,625,810 $3,625,810 325. Georgia Radiation Therapy Center Appropriation (HB1027) The purpose of this appropriation is to provide patient care and education. TOTAL AGENCY FUNDS $3,625,810 $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures $3,625,810 $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures Not Itemized $3,625,810 $3,625,810 $3,625,810 TOTAL PUBLIC FUNDS $3,625,810 $3,625,810 $3,625,810 Georgia Tech Research Institute Continuation Budget 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 STATE FUNDS $6,842,095 $6,842,095 $6,842,095 State General Funds $6,842,095 $6,842,095 $6,842,095 TOTAL AGENCY FUNDS $122,917,958 $122,917,958 $122,917,958 Intergovernmental Transfers $76,469,736 $76,469,736 $76,469,736 Intergovernmental Transfers Not Itemized $76,469,736 $76,469,736 $76,469,736 Rebates, Refunds, and Reimbursements $38,748,222 $38,748,222 $38,748,222 Rebates, Refunds, and Reimbursements Not Itemized $38,748,222 $38,748,222 $38,748,222 Sales and Services $7,700,000 $7,700,000 $7,700,000 Sales and Services Not Itemized $7,700,000 $7,700,000 $7,700,000 TOTAL PUBLIC FUNDS $129,760,053 $129,760,053 $129,760,053 Statewide Changes 326.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $212,562 $212,562 $212,562 Changes to the Purpose or the Purpose Measure 326.5 SAC: The purpose of this appropriation is to aid in the promotion of scientific, engineering and industrial research for the advancement of science, technology and education in Georgia, and promote the growth of Georgia agribusiness through technology research and development, technology licensing, technology transfer, and technical assistance. State General Funds $0 4270 JOURNAL OF THE HOUSE Changes in Operations / Administration 326.2 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005. State General Funds $552,811 $552,811 $552,811 Changes in What Services are Offered 326.3 Provide start-up funds for a worker safety technology program for the poultry industry. State General Funds $141,014 $141,014 $141,014 Changes in the Size of the Program 326.4 Transfer funds to the Advanced Technology Development Center. State General Funds ($200,000) ($200,000) ($200,000) 326. Georgia Tech Research Institute Appropriation (HB1027) The purpose of this appropriation is to aid in the promotion of scientific, engineering and industrial research for the advancement of science, technology and education in Georgia, and promote the growth of Georgia agribusiness through technology research and development, technology licensing, technology transfer, and technical assistance. TOTAL STATE FUNDS $7,548,482 $7,548,482 $7,548,482 State General Funds $7,548,482 $7,548,482 $7,548,482 TOTAL AGENCY FUNDS $122,917,958 $122,917,958 $122,917,958 Intergovernmental Transfers $76,469,736 $76,469,736 $76,469,736 Intergovernmental Transfers Not Itemized $76,469,736 $76,469,736 $76,469,736 Rebates, Refunds, and Reimbursements $38,748,222 $38,748,222 $38,748,222 Rebates, Refunds, and Reimbursements Not Itemized $38,748,222 $38,748,222 $38,748,222 Sales and Services $7,700,000 $7,700,000 $7,700,000 Sales and Services Not Itemized $7,700,000 $7,700,000 $7,700,000 TOTAL PUBLIC FUNDS $130,466,440 $130,466,440 $130,466,440 Marine Institute Continuation Budget The purpose is to understand the processes that affect the condition of the salt marsh and coastline. TOTAL STATE FUNDS $923,165 $923,165 $923,165 State General Funds $923,165 $923,165 $923,165 TOTAL AGENCY FUNDS $767,633 $767,633 $767,633 Intergovernmental Transfers $700,000 $700,000 $700,000 Intergovernmental Transfers Not Itemized $700,000 $700,000 $700,000 Rebates, Refunds, and Reimbursements $67,633 $67,633 $67,633 THURSDAY, MARCH 23, 2006 4271 Rebates, Refunds, and Reimbursements Not Itemized $67,633 $67,633 $67,633 TOTAL PUBLIC FUNDS $1,690,798 $1,690,798 $1,690,798 Statewide Changes 327.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $20,751 $20,751 $20,751 Changes to the Purpose or the Purpose Measure 327.2 SAC: The purpose of this appropriation is to conduct and support basic research on barrier island and salt marsh ecosystems, support awareness and management of coastal environments, and provide educational experiences that inspire appreciation of and future commitment to the Georgia coast. The purpose will be measured by the number of research projects conducted on the condition of the salt marsh and coast line. House: The purpose of this appropriation is to conduct and support basic research on barrier island and salt marsh ecosystem function to support awareness and management of coastal environments. Provide educational experiences that inspire appreciation of and future commitment to the Georgia coast. State General Funds $0 $0 327. Marine Institute Appropriation (HB1027) The purpose of this appropriation is to conduct and support basic research on barrier island and salt marsh ecosystems, support awareness and management of coastal environments, and provide educational experiences that inspire appreciation of and future commitment to the Georgia coast. The purpose will be measured by the number of research projects conducted on the condition of the salt marsh and coast line. TOTAL STATE FUNDS $943,916 $943,916 $943,916 State General Funds $943,916 $943,916 $943,916 TOTAL AGENCY FUNDS $767,633 $767,633 $767,633 Intergovernmental Transfers $700,000 $700,000 $700,000 Intergovernmental Transfers Not Itemized $700,000 $700,000 $700,000 Rebates, Refunds, and Reimbursements $67,633 $67,633 $67,633 Rebates, Refunds, and Reimbursements Not Itemized $67,633 $67,633 $67,633 TOTAL PUBLIC FUNDS $1,711,549 $1,711,549 $1,711,549 Marine Resources Extension Center Continuation Budget The purpose is to transfer technology, provide training, and conduct applied research. TOTAL STATE FUNDS $1,426,750 $1,426,750 $1,426,750 State General Funds $1,426,750 $1,426,750 $1,426,750 4272 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS $1,184,800 $1,184,800 $1,184,800 Intergovernmental Transfers $600,000 $600,000 $600,000 Intergovernmental Transfers Not Itemized $600,000 $600,000 $600,000 Rebates, Refunds, and Reimbursements $90,000 $90,000 $90,000 Rebates, Refunds, and Reimbursements Not Itemized $90,000 $90,000 $90,000 Sales and Services $494,800 $494,800 $494,800 Sales and Services Not Itemized $494,800 $494,800 $494,800 TOTAL PUBLIC FUNDS $2,611,550 $2,611,550 $2,611,550 Statewide Changes 328.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $44,387 $44,387 $44,387 Changes to the Purpose or the Purpose Measure 328.3 SAC: The purpose of this appropriation is to increase the efficiency of existing marine industries, identify new industries that do not harm the environment, and increase the public knowledge of coastal ecosystems through coordinated programs of applied research, advisory services, and education in order to foster economic and cultural benefits in Georgia. State General Funds $0 Changes in the Size of the Program 328.2 Provide funds to add one faculty position to aid the fishing and shrimping industries. State General Funds $57,070 $57,070 $57,070 328. Marine Resources Extension Center Appropriation (HB1027) The purpose of this appropriation is to increase the efficiency of existing marine industries, identify new industries that do not harm the environment, and increase the public knowledge of coastal ecosystems through coordinated programs of applied research, advisory services, and education in order to foster economic and cultural benefits in Georgia. TOTAL STATE FUNDS $1,528,207 $1,528,207 $1,528,207 State General Funds $1,528,207 $1,528,207 $1,528,207 TOTAL AGENCY FUNDS $1,184,800 $1,184,800 $1,184,800 Intergovernmental Transfers $600,000 $600,000 $600,000 Intergovernmental Transfers Not Itemized $600,000 $600,000 $600,000 Rebates, Refunds, and Reimbursements $90,000 $90,000 $90,000 Rebates, Refunds, and Reimbursements Not Itemized $90,000 $90,000 $90,000 THURSDAY, MARCH 23, 2006 4273 Sales and Services $494,800 $494,800 $494,800 Sales and Services Not Itemized $494,800 $494,800 $494,800 TOTAL PUBLIC FUNDS $2,713,007 $2,713,007 $2,713,007 Medical College of Georgia Hospital and Clinics Continuation Budget The purpose is to care, teach, and refer clients. TOTAL STATE FUNDS $31,510,080 $31,510,080 $31,510,080 State General Funds $31,510,080 $31,510,080 $31,510,080 TOTAL PUBLIC FUNDS $31,510,080 $31,510,080 $31,510,080 Statewide Changes 329.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $762,564 $762,564 $762,564 Changes to the Purpose or the Purpose Measure 329.2 SAC: The purpose of this appropriation is to serve and care for patients, educate students at the Medical College of Georgia, and conduct leading edge research. The purpose will be measured by: the number of medical students and residents trained in the most up-to-date medical procedures; and the number of clients served. State General Funds $0 329. Medical College of Georgia Hospital and Clinics Appropriation (HB1027) The purpose of this appropriation is to serve and care for patients, educate students at the Medical College of Georgia, and conduct leading edge research. The purpose will be measured by: the number of medical students and residents trained in the most up-to-date medical procedures; and the number of clients served. TOTAL STATE FUNDS $32,272,644 $32,272,644 $32,272,644 State General Funds $32,272,644 $32,272,644 $32,272,644 TOTAL PUBLIC FUNDS $32,272,644 $32,272,644 $32,272,644 Office of Minority Business Enterprise Continuation Budget The purpose of this program is to provide assistance in the mitigation of factors that place minority businesses in a disadvantaged position. TOTAL STATE FUNDS $860,499 $860,499 $860,499 State General Funds $860,499 $860,499 $860,499 TOTAL PUBLIC FUNDS $860,499 $860,499 $860,499 Statewide Changes 330.1 GTA, GBA, WC, COLA, SHBP and Annualizer 4274 JOURNAL OF THE HOUSE State General Funds $16,872 $16,872 $16,872 Changes in the Size of the Program 330.2 Reduce funds by 2%. State General Funds ($17,210) ($17,210) ($17,210) 330. Office of Minority Business Enterprise Appropriation (HB1027) The purpose of this program is to provide assistance in the mitigation of factors that place minority businesses in a disadvantaged position. TOTAL STATE FUNDS $860,161 $860,161 $860,161 State General Funds $860,161 $860,161 $860,161 TOTAL PUBLIC FUNDS $860,161 $860,161 $860,161 Public Service / Special Funding Initiatives Continuation Budget The purpose is to provide leadership, service, and education. TOTAL STATE FUNDS $29,821,275 $29,821,275 $29,821,275 State General Funds $24,821,275 $24,821,275 $24,821,275 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $29,821,275 $29,821,275 $29,821,275 Statewide Changes 331.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $409,959 $409,959 $409,959 One-Time Expense 331.2 Provide funds to ICAPP Health to collect data on the shortage of nursing educators and to determine the best strategy for producing more nursing educators. State General Funds $27,430 $27,430 $27,430 331.9 Provide one-time funding for the bio-business incubator at the Medical College of Georgia. State General Funds $500,000 $0 Changes in What Services are Offered 331.3 Eliminate funding for the Water Policy Institute. (S:Restore $180,000 for Georgia Southern University.) State General Funds ($543,200) ($543,200) ($363,200) Changes in the Size of the Program 331.4 Add start-up funds for fifteen faculty members at Georgia Gwinnett College. State General Funds $1,000,000 $1,000,000 $1,000,000 THURSDAY, MARCH 23, 2006 4275 331.5 Add funds for the Georgia Leadership Institute for School Improvement to provide additional leadership development programs for principals. State General Funds $1,500,000 $1,500,000 $1,500,000 331.6 Transfer the Nurse Anesthetist program to the Teaching program. State General Funds ($361,330) $0 ($361,330) 331.7 Transfer Education GO Get It to the Department of Education. State General Funds ($977,905) ($977,905) ($977,905) 331.8 Add funds for the UGA-Griffin campus to expand current course offerings. State General Funds $500,000 $500,000 $500,000 331. Public Service / Special Funding Initiatives Appropriation (HB1027) The purpose of this appropriation is to provide leadership, service, and education. TOTAL STATE FUNDS $31,376,229 $32,237,559 $31,556,229 State General Funds $26,376,229 $27,237,559 $26,556,229 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $31,376,229 $32,237,559 $31,556,229 Regents Central Office Continuation Budget The purpose is to provide administrative support to all colleges and universities in the university system. TOTAL STATE FUNDS $7,264,505 $7,264,505 $7,264,505 State General Funds $7,264,505 $7,264,505 $7,264,505 TOTAL PUBLIC FUNDS $7,264,505 $7,264,505 $7,264,505 Statewide Changes 332.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $385,966 $385,966 $385,966 Changes in Operations / Administration 332.2 Transfer from Public Libraries to correct an error in the GBA rental rates. State General Funds $69,356 $69,356 $69,356 Changes in the Size of the Program 332.3 Increase funding for the SREB Regional Contract program in order to meet actual costs. State General Funds $184,550 $184,550 $184,550 332.4 Increase funding for the SREB Minority Doctoral Scholars program in order to provide four additional slots. State General Funds $80,000 $80,000 $80,000 4276 JOURNAL OF THE HOUSE 332.5 Reduce funding by 3%. State General Funds ($193,973) ($193,973) 332. Regents Central Office Appropriation (HB1027) The purpose of this appropriation is to provide administrative support to all colleges and universities in the university system. TOTAL STATE FUNDS $7,984,377 $7,790,404 $7,790,404 State General Funds $7,984,377 $7,790,404 $7,790,404 TOTAL PUBLIC FUNDS $7,984,377 $7,790,404 $7,790,404 Research Consortium Continuation Budget The purpose is to conduct research to further industry in the State of Georgia. TOTAL STATE FUNDS $21,287,489 $21,287,489 $21,287,489 State General Funds $20,537,489 $20,537,489 $20,537,489 Tobacco Settlement Funds $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $21,287,489 $21,287,489 $21,287,489 Statewide Changes 333.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $162,762 $162,762 $162,762 One-Time Expense 333.2 Provide a one-time increase for the Georgia Research Alliance Eminent Scholar Endowment to attract prominent research scientists to Georgia research universities. State General Funds $250,000 $250,000 $250,000 Changes in What Services are Offered 333.3 Provide funding for two eminent scholars to implement an energy policy and research agenda. State General Funds $2,200,000 $2,200,000 $2,200,000 Changes in the Size of the Program 333.4 Provide funding for Georgia Research Alliance's VentureLab for investment in entrepreneur-led start-up companies to promote job growth in Georgia's bioscience industry. State General Funds $2,500,000 $2,500,000 $2,500,000 333. Research Consortium Appropriation (HB1027) The purpose of this appropriation is to conduct research to further industry in the State of Georgia. TOTAL STATE FUNDS $26,400,251 $26,400,251 $26,400,251 THURSDAY, MARCH 23, 2006 4277 State General Funds $25,650,251 $25,650,251 $25,650,251 Tobacco Settlement Funds $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $26,400,251 $26,400,251 $26,400,251 Skidaway Institute of Oceanography Continuation Budget 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 STATE FUNDS $1,557,477 $1,557,477 $1,557,477 State General Funds $1,557,477 $1,557,477 $1,557,477 TOTAL AGENCY FUNDS $5,658,000 $5,658,000 $5,658,000 Intergovernmental Transfers $4,113,000 $4,113,000 $4,113,000 Intergovernmental Transfers Not Itemized $4,113,000 $4,113,000 $4,113,000 Sales and Services $1,545,000 $1,545,000 $1,545,000 Sales and Services Not Itemized $1,545,000 $1,545,000 $1,545,000 TOTAL PUBLIC FUNDS $7,215,477 $7,215,477 $7,215,477 Statewide Changes 334.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $76,596 $76,596 $76,596 334. Skidaway Institute of Oceanography Appropriation (HB1027) The purpose of this appropriation is to provide a center of excellence in marine and ocean science research, which expands the body of knowledge on marine environments. TOTAL STATE FUNDS $1,634,073 $1,634,073 $1,634,073 State General Funds $1,634,073 $1,634,073 $1,634,073 TOTAL AGENCY FUNDS $5,658,000 $5,658,000 $5,658,000 Intergovernmental Transfers $4,113,000 $4,113,000 $4,113,000 Intergovernmental Transfers Not Itemized $4,113,000 $4,113,000 $4,113,000 Sales and Services $1,545,000 $1,545,000 $1,545,000 Sales and Services Not Itemized $1,545,000 $1,545,000 $1,545,000 TOTAL PUBLIC FUNDS $7,292,073 $7,292,073 $7,292,073 Student Education Enrichment Program Continuation Budget The purpose of this program is to provide underrepresented Georgia residents the opportunity to acquire educational experiences. 4278 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $304,035 $304,035 $304,035 State General Funds $304,035 $304,035 $304,035 TOTAL PUBLIC FUNDS $304,035 $304,035 $304,035 Statewide Changes 335.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $4,280 $4,280 $4,280 Changes to the Purpose or the Purpose Measure 335.2 SAC: The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational experiences, clinical and career exposures, and academic support to successfully adjust to the professional environment, academic curriculum and campus environment of the health professions. The purpose will be measured by: the percentage of underrepresented and/or disadvantaged high school students participating in the summer programs who have enrolled in a postsecondary institution; the percentage of underrepresented and/or disadvantaged high school students who participated in the summer program and successfully completed their current postsecondary curriculum; and the percentage of underrepresented and/or disadvantaged high school students who participated in the summer program and enrolled, successfully progressed through medical, dental or a graduate school curriculum, and graduated. State General Funds $0 335. Student Education Enrichment Program Appropriation (HB1027) The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational experiences, clinical and career exposures, and academic support to successfully adjust to the professional environment, academic curriculum and campus environment of the health professions. The purpose will be measured by: the percentage of underrepresented and/or disadvantaged high school students participating in the summer programs who have enrolled in a postsecondary institution; the percentage of underrepresented and/or disadvantaged high school students who participated in the summer program and successfully completed their current postsecondary curriculum; and the percentage of underrepresented and/or disadvantaged high school students who participated in the summer program and enrolled, successfully progressed through medical, dental or a graduate school curriculum, and graduated. TOTAL STATE FUNDS $308,315 $308,315 $308,315 State General Funds $308,315 $308,315 $308,315 TOTAL PUBLIC FUNDS $308,315 $308,315 $308,315 THURSDAY, MARCH 23, 2006 4279 Teaching Continuation Budget 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 STATE FUNDS $1,558,562,243 $1,558,562,243 $1,558,562,243 State General Funds $1,558,562,243 $1,558,562,243 $1,558,562,243 TOTAL AGENCY FUNDS $2,468,702,893 $2,468,702,893 $2,468,702,893 Contributions, Donations, and Forfeitures $38,364,204 $38,364,204 $38,364,204 Contributions, Donations, and Forfeitures Not Itemized $38,364,204 $38,364,204 $38,364,204 Intergovernmental Transfers $1,380,525,444 $1,380,525,444 $1,380,525,444 Intergovernmental Transfers Not Itemized $1,380,525,444 $1,380,525,444 $1,380,525,444 Sales and Services $1,049,813,245 $1,049,813,245 $1,049,813,245 Sales and Services Not Itemized $1,049,813,245 $1,049,813,245 $1,049,813,245 TOTAL PUBLIC FUNDS $4,027,265,136 $4,027,265,136 $4,027,265,136 Statewide Changes 336.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $44,068,576 $44,068,576 $44,068,576 Changes to the Purpose or the Purpose Measure 336.12 SAC: The purpose of this appropriation is to create a more educated Georgia through instruction, research and public service. The purpose will be measured by: the retention rate of first-time, full-time, degree-seeking freshmen at each institution and system-wide; the four- and six-year graduation rates of first-time, full-time, bachelor degree-seeking freshmen at each institution and system-wide; and the pass rate of USG students on professional licensure exams (medicine, dentistry, veterinary medicine and law), and the percent of first-time test-takers who pass the National Council Licensure Examination for Registered Nurses (NCLEX-RN) and the PRAXIS II examination for teacher certification. State General Funds $0 Changes in Operations / Administration 336.2 Adjust debt service payback amount for the Student Center construction project at Georgia Southern University. State General Funds $677,118 $677,118 $677,118 336.13 Transfer Disability Services from the Center for Assistive Technology and Environmental Access. Intergovernmental Transfers Not Itemized $1,590,309 Rebates, Refunds, and Reimbursements Not Itemized $468,670 TOTAL PUBLIC FUNDS $2,058,979 4280 JOURNAL OF THE HOUSE One-Time Expense 336.3 Eliminate funds for the Greenbelt Study at the Georgia Tech School of Urban Planning. State General Funds ($200,000) ($200,000) ($200,000) 336.4 Remove one-time funds for North Georgia College and State University. State General Funds ($100,000) ($100,000) ($100,000) Changes in What Services are Offered 336.5 Eliminate Georgia Career Information Services. State General Funds ($92,647) ($92,647) ($92,647) 336.6 Eliminate the School of Law-Export Study. State General Funds ($438,315) ($438,315) ($338,315) 336.7 Eliminate the Center for Trade and Technology Transfer. State General Funds ($56,765) ($56,765) ($56,765) Changes in the Size of the Program 336.8 Increase funds for the Fiscal Research Center to reflect the actual cost of the current level of service. State General Funds $38,145 $38,145 $38,145 336.9 Provide funds to fully fund enrollment increases based on a 1.6% increase in semester credit hours and operating expenses related to additional square footage. (H:Reduce health insurance portion of formula funding increase.)(S:Reduce health insurance portion of formula funding increase by $1,250,000.) State General Funds $55,309,821 $52,809,821 $54,059,821 336.10 Provide funding for the Fort Valley State University land grant mission. State General Funds $1,514,026 $1,514,026 336.11 Add funds to properly reflect operating budget represented in HB1026. Intergovernmental Transfers Not Itemized $5,840,110 Rebates, Refunds, and Reimbursements Not Itemized $11,681,021 Sales and Services Not Itemized $9,134,180 TOTAL PUBLIC FUNDS $26,655,311 336. Teaching Appropriation (HB1027) The purpose of this appropriation is to create a more educated Georgia through instruction, research and public service. The purpose will be measured by: the retention rate of first-time, full-time, degree-seeking freshmen at each institution and system-wide; the four- and six-year graduation rates of first-time, full-time, bachelor degree-seeking freshmen at each institution and system-wide; and the pass rate of USG students on professional licensure exams (medicine, dentistry, THURSDAY, MARCH 23, 2006 4281 veterinary medicine and law), and the percent of first-time test-takers who pass the National Council Licensure Examination for Registered Nurses (NCLEX-RN) and the PRAXIS II examination for teacher certification. TOTAL STATE FUNDS $1,657,768,176 $1,656,782,202 $1,658,132,202 State General Funds $1,657,768,176 $1,656,782,202 $1,658,132,202 TOTAL AGENCY FUNDS $2,468,702,893 $2,468,702,893 $2,497,417,183 Contributions, Donations, and Forfeitures $38,364,204 $38,364,204 $38,364,204 Contributions, Donations, and Forfeitures Not Itemized $38,364,204 $38,364,204 $38,364,204 Intergovernmental Transfers $1,380,525,444 $1,380,525,444 $1,387,955,863 Intergovernmental Transfers Not Itemized $1,380,525,444 $1,380,525,444 $1,387,955,863 Rebates, Refunds, and Reimbursements $12,149,691 Rebates, Refunds, and Reimbursements Not Itemized $12,149,691 Sales and Services $1,049,813,245 $1,049,813,245 $1,058,947,425 Sales and Services Not Itemized $1,049,813,245 $1,049,813,245 $1,058,947,425 TOTAL PUBLIC FUNDS $4,126,471,069 $4,125,485,095 $4,155,549,385 Veterinary Medicine Experiment Station Continuation Budget 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 STATE FUNDS $3,148,784 $3,148,784 $3,148,784 State General Funds $3,148,784 $3,148,784 $3,148,784 TOTAL PUBLIC FUNDS $3,148,784 $3,148,784 $3,148,784 Statewide Changes 337.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $100,793 $100,793 $100,793 Changes to the Purpose or the Purpose Measure 337.2 SAC: The purpose of this appropriation is to conduct, coordinate and disseminate research on animal health and/or disease problems of present and potential concern to animal owners, producers and industries in Georgia. State General Funds $0 337. Veterinary Medicine Experiment Station Appropriation (HB1027) The purpose of this appropriation is to conduct, coordinate and disseminate research on animal health and/or disease problems of present and potential concern to animal owners, producers and industries in Georgia. TOTAL STATE FUNDS $3,249,577 $3,249,577 $3,249,577 4282 JOURNAL OF THE HOUSE State General Funds $3,249,577 $3,249,577 $3,249,577 TOTAL PUBLIC FUNDS $3,249,577 $3,249,577 $3,249,577 Veterinary Medicine Teaching Hospital Continuation Budget 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 STATE FUNDS $478,173 $478,173 $478,173 State General Funds $478,173 $478,173 $478,173 TOTAL AGENCY FUNDS $6,700,000 $6,700,000 $6,700,000 Sales and Services $6,700,000 $6,700,000 $6,700,000 Sales and Services Not Itemized $6,700,000 $6,700,000 $6,700,000 TOTAL PUBLIC FUNDS $7,178,173 $7,178,173 $7,178,173 Statewide Changes 338.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $11,554 $11,554 $11,554 Changes to the Purpose or the Purpose Measure 338.2 SAC: The purpose of this appropriation is to serve as the platform for interface with real world animal health problems through instruction to veterinary students, post-graduate veterinarians and veterinary technician students. State General Funds $0 338. Veterinary Medicine Teaching Hospital Appropriation (HB1027) The purpose of this appropriation is to serve as the platform for interface with real world animal health problems through instruction to veterinary students, post-graduate veterinarians and veterinary technician students. TOTAL STATE FUNDS $489,727 $489,727 $489,727 State General Funds $489,727 $489,727 $489,727 TOTAL AGENCY FUNDS $6,700,000 $6,700,000 $6,700,000 Sales and Services $6,700,000 $6,700,000 $6,700,000 Sales and Services Not Itemized $6,700,000 $6,700,000 $6,700,000 TOTAL PUBLIC FUNDS $7,189,727 $7,189,727 $7,189,727 Payments to the Georgia Cancer Coalition Continuation Budget The purpose is to provide funds to the Cancer Coalition for ongoing research and preventative measures. TOTAL STATE FUNDS $10,482,554 $10,482,554 $10,482,554 State General Funds $0 THURSDAY, MARCH 23, 2006 4283 Tobacco Settlement Funds $10,482,554 $10,482,554 $10,482,554 TOTAL PUBLIC FUNDS $10,482,554 $10,482,554 $10,482,554 Changes to the Purpose or the Purpose Measure 339.3 SAC: The purpose of this appropriation is to make Georgia a national leader in cancer prevention, treatment and research by accelerating research, prevention, early detection and treatment. The purpose will be measured by: the number of cancer patients and cancer deaths in Georgia. State General Funds $0 Changes in Operations / Administration 339.1 The Georgia Cancer Coalition was moved to Regents by an Executive Order. Tobacco Settlement Funds $0 $0 $0 Changes in the Size of the Program 339.2 Reflect the completion of the Georgia Cancer Cohort Study. Tobacco Settlement Funds ($500,000) ($500,000) ($500,000) 339. Payments to the Georgia Cancer Coalition Appropriation (HB1027) The purpose of this appropriation is to make Georgia a national leader in cancer prevention, treatment and research by accelerating research, prevention, early detection and treatment. The purpose will be measured by: the number of cancer patients and cancer deaths in Georgia. TOTAL STATE FUNDS $9,982,554 $9,982,554 $9,982,554 Tobacco Settlement Funds $9,982,554 $9,982,554 $9,982,554 TOTAL PUBLIC FUNDS $9,982,554 $9,982,554 $9,982,554 Payments to Georgia Military College Continuation Budget The purpose is to provide quality basic education funding for the grades 6-12 middle school/high school. TOTAL STATE FUNDS $2,500,092 $2,500,092 $2,500,092 State General Funds $2,500,092 $2,500,092 $2,500,092 TOTAL PUBLIC FUNDS $2,500,092 $2,500,092 $2,500,092 Statewide Changes 340.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $267,953 $267,953 $267,953 Changes to the Purpose or the Purpose Measure 340.4 SAC: The purpose of this appropriation is to provide quality basic education funding for grades six through 12. 4284 JOURNAL OF THE HOUSE The purpose will be measured by: the number of students enrolled; the number of graduates; and the number of graduates who pursue military service or a four-year military institution. State General Funds $0 One-Time Expense 340.2 Eliminate one-time design funds for the preparatory school classroom facility. State General Funds ($95,000) ($95,000) ($95,000) Changes in the Size of the Program 340.3 Reduce funds for faculty at the Junior College. State General Funds ($12,985) ($12,985) ($12,985) 340. Payments to Georgia Military College Appropriation (HB1027) The purpose of this appropriation is to provide quality basic education funding for grades six through 12. The purpose will be measured by: the number of students enrolled; the number of graduates; and the number of graduates who pursue military service or a four-year military institution. TOTAL STATE FUNDS $2,660,060 $2,660,060 $2,660,060 State General Funds $2,660,060 $2,660,060 $2,660,060 TOTAL PUBLIC FUNDS $2,660,060 $2,660,060 $2,660,060 Payments to Public Telecommunications Commission, Georgia Continuation Budget 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 STATE FUNDS $16,954,058 $16,954,058 $16,954,058 State General Funds $16,954,058 $16,954,058 $16,954,058 TOTAL PUBLIC FUNDS $16,954,058 $16,954,058 $16,954,058 Statewide Changes 341.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $374,681 $374,681 $374,681 Changes to the Purpose or the Purpose Measure 341.4 SAC: The purpose of this appropriation is to create, produce, and distribute high quality programs and services that promote education, instruction, staff development and life-long learning, thereby enriching the quality of life for Georgians. The purpose will be measured by: the percentage of content correlated to the Georgia Performance Standards; and the percentage of schools that use GPB Education's programming. THURSDAY, MARCH 23, 2006 4285 State General Funds $0 Changes in Operations / Administration 341.2 Reduce operating expenses to reflect an anticipated reduction in costs associated with contracts and publications. State General Funds ($339,081) ($339,081) ($339,081) 341.3 Increase funds to correct a GTA rate adjustment error. State General Funds $33,485 $33,485 $33,485 341. Payments to Public Telecommunications Commission, Appropriation (HB1027) Georgia The purpose of this appropriation is to create, produce, and distribute high quality programs and services that promote education, instruction, staff development and life-long learning, thereby enriching the quality of life for Georgians. The purpose will be measured by: the percentage of content correlated to the Georgia Performance Standards; and the percentage of schools that use GPB Education's programming. TOTAL STATE FUNDS $17,023,143 $17,023,143 $17,023,143 State General Funds $17,023,143 $17,023,143 $17,023,143 TOTAL PUBLIC FUNDS $17,023,143 $17,023,143 $17,023,143 Georgia Public Library Service Continuation Budget The purpose is to provide library services for Georgians and to award grants from the Public Library Fund. TOTAL STATE FUNDS $35,748,543 $35,748,543 $35,748,543 State General Funds $35,748,543 $35,748,543 $35,748,543 TOTAL FEDERAL FUNDS $2,509,208 $2,509,208 $2,509,208 Federal Funds Not Itemized $2,509,208 $2,509,208 $2,509,208 TOTAL PUBLIC FUNDS $38,257,751 $38,257,751 $38,257,751 Statewide Changes 342.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $1,119,511 $1,119,511 $1,119,511 Changes to the Purpose or the Purpose Measure 342.10 SAC: The purpose of this appropriation is to ensure that library services are available to all Georgians by disbursing federal and state funds to public libraries, and by providing professional assistance and support to all public libraries in Georgia. The purpose will be measured by: the number of patron visits to each public library; the number of state paid professional positions per library; and the number of circulations in each public library. State General Funds $0 4286 JOURNAL OF THE HOUSE Changes in Operations / Administration 342.2 Provide funds to correct an error in the employer share of the State Health Benefit Plan. State General Funds $220,000 $220,000 $220,000 342.3 Transfer to Regents Central Office to correct an error in the GBA rental rates. State General Funds ($69,356) ($69,356) ($69,356) 342.11 Change program name to: "Georgia Public Library Service." State General Funds $0 One-Time Expense 342.8 Provide funding for renovations at Mountain View Library. State General Funds $312,000 $0 Changes in the Size of the Program 342.4 Eliminate one-time funds for major repairs and renovations. State General Funds ($2,000,000) ($2,000,000) ($2,000,000) 342.5 Provide funds to the New Directions funding formula. State General Funds $900,000 $900,000 $900,000 342.6 Add funds to pay an increase in real estate rentals in order to re-locate to mission-suitable appropriate facilities. State General Funds $50,000 $50,000 $50,000 342.7 Provide funding to increase the library materials grant with funds to be distributed based on the New Directions funding formula. (S:Distribute based on 1/3 to systems, 1/3 to counties, and 1/3 on per capita.) State General Funds $1,000,000 $2,000,000 342. Georgia Public Library Service Appropriation (HB1027) The purpose of this appropriation is to ensure that library services are available to all Georgians by disbursing federal and state funds to public libraries, and by providing professional assistance and support to all public libraries in Georgia. The purpose will be measured by: the number of patron visits to each public library; the number of state paid professional positions per library; and the number of circulations in each public library. TOTAL STATE FUNDS $35,968,698 $37,280,698 $37,968,698 State General Funds $35,968,698 $37,280,698 $37,968,698 TOTAL FEDERAL FUNDS $2,509,208 $2,509,208 $2,509,208 Federal Funds Not Itemized $2,509,208 $2,509,208 $2,509,208 TOTAL PUBLIC FUNDS $38,477,906 $39,789,906 $40,477,906 THURSDAY, MARCH 23, 2006 4287 Section 40: Revenue, Department of Section Total - Continuation TOTAL STATE FUNDS $538,503,629 $538,503,629 $538,503,629 State General Funds $538,353,629 $538,353,629 $538,353,629 Tobacco Settlement Funds $150,000 $150,000 $150,000 TOTAL AGENCY FUNDS $7,005,348 $7,005,348 $7,005,348 Reserved Fund Balances $426,769 $426,769 $426,769 Sales and Services $6,578,579 $6,578,579 $6,578,579 TOTAL PUBLIC FUNDS $545,508,977 $545,508,977 $545,508,977 Section Total - Final TOTAL STATE FUNDS $550,521,283 $548,811,784 $548,984,246 State General Funds $550,371,283 $548,661,784 $548,834,246 Tobacco Settlement Funds $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $1,692,514 Federal Funds Not Itemized $1,692,514 TOTAL AGENCY FUNDS $7,005,348 $7,005,348 $11,471,089 Reserved Fund Balances $426,769 $426,769 $426,769 Rebates, Refunds, and Reimbursements $103,185 Sales and Services $6,578,579 $6,578,579 $10,941,135 TOTAL PUBLIC FUNDS $557,526,631 $555,817,132 $562,147,849 Customer Service Continuation Budget 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 STATE FUNDS $9,644,919 $9,644,919 $9,644,919 State General Funds $9,644,919 $9,644,919 $9,644,919 TOTAL AGENCY FUNDS $2,110,135 $2,110,135 $2,110,135 Sales and Services $2,110,135 $2,110,135 $2,110,135 Sales and Services Not Itemized $2,110,135 $2,110,135 $2,110,135 TOTAL PUBLIC FUNDS $11,755,054 $11,755,054 $11,755,054 Statewide Changes 343.1 GTA, GBA, WC, COLA, SHBP and Annualizer 4288 JOURNAL OF THE HOUSE State General Funds $311,384 $311,384 $311,384 Changes in the Size of the Program 343.2 Transfer funds and activities from Grants and Distributions program. State General Funds $539,948 $539,948 $539,948 343.3 Increase funding to improve customer service. State General Funds $212,968 $212,968 $212,968 343.4 Add funds to properly reflect operating budget represented in HB1026. Rebates, Refunds, and Reimbursements Not Itemized $103,185 343. Customer Service Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $10,709,219 $10,709,219 $10,709,219 State General Funds $10,709,219 $10,709,219 $10,709,219 TOTAL AGENCY FUNDS $2,110,135 $2,110,135 $2,213,320 Rebates, Refunds, and Reimbursements $103,185 Rebates, Refunds, and Reimbursements Not Itemized $103,185 Sales and Services $2,110,135 $2,110,135 $2,110,135 Sales and Services Not Itemized $2,110,135 $2,110,135 $2,110,135 TOTAL PUBLIC FUNDS $12,819,354 $12,819,354 $12,922,539 Departmental Administration Continuation Budget 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 STATE FUNDS $3,979,012 $3,979,012 $3,979,012 State General Funds $3,979,012 $3,979,012 $3,979,012 TOTAL PUBLIC FUNDS $3,979,012 $3,979,012 $3,979,012 Statewide Changes 344.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $74,800 $74,800 $74,800 Changes in the Size of the Program 344.2 Add funds to properly reflect operating budget represented in HB1026. Sales and Services Not Itemized $385,200 THURSDAY, MARCH 23, 2006 4289 344. Departmental Administration Appropriation (HB1027) The purpose of this appropriation is to administer and enforce the tax laws of the State of Georgia and provide general support services to the operating programs of the Department of Revenue. TOTAL STATE FUNDS $4,053,812 $4,053,812 $4,053,812 State General Funds $4,053,812 $4,053,812 $4,053,812 TOTAL AGENCY FUNDS $385,200 Sales and Services $385,200 Sales and Services Not Itemized $385,200 TOTAL PUBLIC FUNDS $4,053,812 $4,053,812 $4,439,012 Grants and Distribution Continuation Budget 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 STATE FUNDS $8,825,027 $8,825,027 $8,825,027 State General Funds $8,825,027 $8,825,027 $8,825,027 TOTAL PUBLIC FUNDS $8,825,027 $8,825,027 $8,825,027 Changes in the Size of the Program 345.1 Transfer funds and activities from Grants and Distributions program to create Local Tax Officials Retirement and FICA program. State General Funds ($3,785,079) ($3,785,079) ($3,785,079) 345.2 Transfer funds and activities to the Customer Service program. State General Funds ($539,948) ($539,948) ($539,948) 345.3 Transfer funds and activities to the Revenue Processing program. State General Funds ($4,500,000) ($4,500,000) ($4,500,000) Homeowner Tax Relief Grants Continuation Budget 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, 2006. TOTAL STATE FUNDS $432,290,501 $432,290,501 $432,290,501 State General Funds $432,290,501 $432,290,501 $432,290,501 TOTAL PUBLIC FUNDS $432,290,501 $432,290,501 $432,290,501 4290 JOURNAL OF THE HOUSE Changes in the Size of the Program 346.1 Increase funding. State General Funds $1,709,499 $0 $0 346. Homeowner Tax Relief Grants Appropriation (HB1027) 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, 2006. TOTAL STATE FUNDS $434,000,000 $432,290,501 $432,290,501 State General Funds $434,000,000 $432,290,501 $432,290,501 TOTAL PUBLIC FUNDS $434,000,000 $432,290,501 $432,290,501 Industry Regulation Continuation Budget 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 STATE FUNDS $4,516,392 $4,516,392 $4,516,392 State General Funds $4,366,392 $4,366,392 $4,366,392 Tobacco Settlement Funds $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $4,516,392 $4,516,392 $4,516,392 Statewide Changes 347.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $130,579 $130,579 $130,579 Changes in the Size of the Program 347.2 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $368,918 TOTAL PUBLIC FUNDS $368,918 347. Industry Regulation Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $4,646,971 $4,646,971 $4,646,971 State General Funds $4,496,971 $4,496,971 $4,496,971 Tobacco Settlement Funds $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $368,918 Federal Funds Not Itemized $368,918 THURSDAY, MARCH 23, 2006 4291 TOTAL PUBLIC FUNDS $4,646,971 $4,646,971 $5,015,889 Revenue Processing Continuation Budget 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 STATE FUNDS $28,891,183 $28,891,183 $28,891,183 State General Funds $28,891,183 $28,891,183 $28,891,183 TOTAL AGENCY FUNDS $426,769 $426,769 $426,769 Reserved Fund Balances $426,769 $426,769 $426,769 Reserved Fund Balances Not Itemized $426,769 $426,769 $426,769 TOTAL PUBLIC FUNDS $29,317,952 $29,317,952 $29,317,952 Statewide Changes 348.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $893,352 $893,352 $893,352 Changes in the Size of the Program 348.2 Transfer funds and activities from Grants and Distributions program. State General Funds $4,500,000 $4,500,000 $4,500,000 348.3 Transfer one position to the Department of Public Safety. State General Funds ($30,000) ($30,000) ($30,000) 348.4 Increase funding to ensure accurate and timely tax collection. State General Funds $6,340,526 $6,340,526 $6,340,526 348. Revenue Processing Appropriation (HB1027) The purpose of this appropriation is to ensure that all tax payments are received, credited, and deposited according to sound business practices and the law, and to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information. TOTAL STATE FUNDS $40,595,061 $40,595,061 $40,595,061 State General Funds $40,595,061 $40,595,061 $40,595,061 TOTAL AGENCY FUNDS $426,769 $426,769 $426,769 Reserved Fund Balances $426,769 $426,769 $426,769 Reserved Fund Balances Not Itemized $426,769 $426,769 $426,769 TOTAL PUBLIC FUNDS $41,021,830 $41,021,830 $41,021,830 4292 JOURNAL OF THE HOUSE Salvage Inspection Continuation Budget The purpose is for the inspection of rebuilt salvage vehicles. TOTAL STATE FUNDS $1,527,364 $1,527,364 $1,527,364 State General Funds $1,527,364 $1,527,364 $1,527,364 TOTAL PUBLIC FUNDS $1,527,364 $1,527,364 $1,527,364 Statewide Changes 349.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $53,795 $53,795 $53,795 349. Salvage Inspection Appropriation (HB1027) The purpose of this appropriation is for the inspection of rebuilt salvage vehicles. TOTAL STATE FUNDS $1,581,159 $1,581,159 $1,581,159 State General Funds $1,581,159 $1,581,159 $1,581,159 TOTAL PUBLIC FUNDS $1,581,159 $1,581,159 $1,581,159 State Board of Equalization Continuation Budget 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 STATE FUNDS $5,000 $5,000 $5,000 State General Funds $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $5,000 $5,000 $5,000 350. State Board of Equalization Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $5,000 $5,000 $5,000 State General Funds $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $5,000 $5,000 $5,000 Tag and Title Registration Continuation Budget The purpose is to establish motor vehicle ownership. TOTAL STATE FUNDS $22,099,571 $22,099,571 $22,099,571 State General Funds $22,099,571 $22,099,571 $22,099,571 THURSDAY, MARCH 23, 2006 4293 TOTAL AGENCY FUNDS $652,681 $652,681 $652,681 Sales and Services $652,681 $652,681 $652,681 Sales and Services Not Itemized $652,681 $652,681 $652,681 TOTAL PUBLIC FUNDS $22,752,252 $22,752,252 $22,752,252 Statewide Changes 351.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $442,206 $442,206 $442,206 351. Tag and Title Registration Appropriation (HB1027) The purpose of this appropriation is to establish motor vehicle ownership. TOTAL STATE FUNDS $22,541,777 $22,541,777 $22,541,777 State General Funds $22,541,777 $22,541,777 $22,541,777 TOTAL AGENCY FUNDS $652,681 $652,681 $652,681 Sales and Services $652,681 $652,681 $652,681 Sales and Services Not Itemized $652,681 $652,681 $652,681 TOTAL PUBLIC FUNDS $23,194,458 $23,194,458 $23,194,458 Tax Compliance Continuation Budget The purpose is to ensure that all taxpayers pay the correct amount of taxes owed under the law. TOTAL STATE FUNDS $26,724,660 $26,724,660 $26,724,660 State General Funds $26,724,660 $26,724,660 $26,724,660 TOTAL AGENCY FUNDS $3,815,763 $3,815,763 $3,815,763 Sales and Services $3,815,763 $3,815,763 $3,815,763 Sales and Services Not Itemized $3,815,763 $3,815,763 $3,815,763 TOTAL PUBLIC FUNDS $30,540,423 $30,540,423 $30,540,423 Statewide Changes 352.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $851,007 $851,007 $851,007 Changes in the Size of the Program 352.2 Increase funding for collection of delinquent taxes. (S:Additional funding for out-of-state tax initiatives) State General Funds $1,027,538 $1,027,538 $1,200,000 352.3 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $1,323,596 4294 JOURNAL OF THE HOUSE Sales and Services Not Itemized $3,977,356 TOTAL PUBLIC FUNDS $5,300,952 352. Tax Compliance Appropriation (HB1027) The purpose of this appropriation is to ensure that all taxpayers pay the correct amount of taxes owed under the law. TOTAL STATE FUNDS $28,603,205 $28,603,205 $28,775,667 State General Funds $28,603,205 $28,603,205 $28,775,667 TOTAL FEDERAL FUNDS $1,323,596 Federal Funds Not Itemized $1,323,596 TOTAL AGENCY FUNDS $3,815,763 $3,815,763 $7,793,119 Sales and Services $3,815,763 $3,815,763 $7,793,119 Sales and Services Not Itemized $3,815,763 $3,815,763 $7,793,119 TOTAL PUBLIC FUNDS $32,418,968 $32,418,968 $37,892,382 Local Tax Officials Retirement and FICA Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Changes to the Purpose or the Purpose Measure 430.2 SAC: The purpose of this appropriation is to provide state retirement benefits to local tax officials and their staffs. State General Funds $0 Changes in the Size of the Program 430.1 Transfer funds and activities from Grants and Distributions program to create Local Tax Officials Retirement and FICA program. State General Funds $3,785,079 $3,785,079 $3,785,079 430. Local Tax Officials Retirement and FICA Appropriation (HB1027) The purpose of this appropriation is to provide state retirement benefits to local tax officials and their staffs. TOTAL STATE FUNDS $3,785,079 $3,785,079 $3,785,079 State General Funds $3,785,079 $3,785,079 $3,785,079 TOTAL PUBLIC FUNDS $3,785,079 $3,785,079 $3,785,079 Section 41A: Secretary of State TOTAL STATE FUNDS $34,038,145 Section Total - Continuation $34,038,145 $34,038,145 THURSDAY, MARCH 23, 2006 4295 State General Funds $34,038,145 $34,038,145 $34,038,145 TOTAL AGENCY FUNDS $1,493,584 $1,493,584 $1,493,584 Rebates, Refunds, and Reimbursements $50,000 $50,000 $50,000 Sales and Services $1,443,584 $1,443,584 $1,443,584 TOTAL PUBLIC FUNDS $35,531,729 $35,531,729 $35,531,729 Section Total - Final TOTAL STATE FUNDS $36,364,162 $36,964,162 $37,339,162 State General Funds $36,364,162 $36,964,162 $37,339,162 TOTAL AGENCY FUNDS $1,067,180 $1,067,180 $1,067,180 Rebates, Refunds, and Reimbursements $50,000 $50,000 $50,000 Sales and Services $1,017,180 $1,017,180 $1,017,180 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $431,085 $431,085 $431,085 TOTAL PUBLIC FUNDS $37,862,427 $38,462,427 $38,837,427 Archives and Records Continuation Budget The purpose is to assist 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 STATE FUNDS $5,856,020 $5,856,020 $5,856,020 State General Funds $5,856,020 $5,856,020 $5,856,020 TOTAL AGENCY FUNDS $504,234 $504,234 $504,234 Sales and Services $504,234 $504,234 $504,234 Sales and Services Not Itemized $504,234 $504,234 $504,234 TOTAL PUBLIC FUNDS $6,360,254 $6,360,254 $6,360,254 Statewide Changes 353.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $116,302 $116,302 $116,302 Sales and Services Not Itemized $2,668 $2,668 $2,668 Agency to Agency Contracts $1,851 $1,851 $1,851 TOTAL PUBLIC FUNDS $120,821 $120,821 $120,821 Changes in How the Program is Funded 353.2 Replace fund sources. Sales and Services Not Itemized ($429,234) ($429,234) ($429,234) 4296 JOURNAL OF THE HOUSE Agency to Agency Contracts $429,234 $429,234 $429,234 TOTAL PUBLIC FUNDS $0 $0 $0 353. Archives and Records Appropriation (HB1027) The purpose of this appropriation is to assist 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 STATE FUNDS $5,972,322 $5,972,322 $5,972,322 State General Funds $5,972,322 $5,972,322 $5,972,322 TOTAL AGENCY FUNDS $77,668 $77,668 $77,668 Sales and Services $77,668 $77,668 $77,668 Sales and Services Not Itemized $77,668 $77,668 $77,668 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $431,085 $431,085 $431,085 Agency to Agency Contracts $431,085 $431,085 $431,085 TOTAL PUBLIC FUNDS $6,481,075 $6,481,075 $6,481,075 Capitol Tours Continuation Budget The purpose of this appropriation is to educate Georgians on the importance of civic involvement, the functions of state government, and the history of the State Capitol. TOTAL STATE FUNDS $151,672 $151,672 $151,672 State General Funds $151,672 $151,672 $151,672 TOTAL PUBLIC FUNDS $151,672 $151,672 $151,672 Statewide Changes 354.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $4,105 $4,105 $4,105 Changes to the Purpose or the Purpose Measure 354.2 SAC: The purpose of this appropriation is to provide guided informational tours of the State Capitol. The purpose will be measured by the number of individuals taking guided informational tours of the State Capitol per state fiscal year. House: To provide guided informational tours of the State Capitol. State General Funds $0 $0 354. Capitol Tours Appropriation (HB1027) The purpose of this appropriation is to provide guided informational tours of the State Capitol. The purpose will be measured by the number of individuals taking guided informational tours of the State Capitol per state fiscal year. THURSDAY, MARCH 23, 2006 4297 TOTAL STATE FUNDS $155,777 $155,777 $155,777 State General Funds $155,777 $155,777 $155,777 TOTAL PUBLIC FUNDS $155,777 $155,777 $155,777 Corporations Continuation Budget 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 STATE FUNDS $1,312,934 $1,312,934 $1,312,934 State General Funds $1,312,934 $1,312,934 $1,312,934 TOTAL AGENCY FUNDS $739,350 $739,350 $739,350 Sales and Services $739,350 $739,350 $739,350 Sales and Services Not Itemized $739,350 $739,350 $739,350 TOTAL PUBLIC FUNDS $2,052,284 $2,052,284 $2,052,284 Statewide Changes 355.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $64,855 $64,855 $64,855 Sales and Services Not Itemized $162 $162 $162 TOTAL PUBLIC FUNDS $65,017 $65,017 $65,017 Changes to the Purpose or the Purpose Measure 355.2 SAC: The purpose of this appropriation is to accept and review filings made pursuant to statutes; to issue certifications of records on file; and to provide general information to the public on all filed entities. The purpose will be measured by: the average time to accept and review filings; issue certifications of records; and provide information on filed entities. House: To accept and review filings made pursuant to statutes; to issue certifications of records on file; and to provide general information to the public on all filed entities. State General Funds $0 $0 Changes in the Size of the Program 355.3 Reflect reductions. State General Funds ($180,000) ($180,000) ($180,000) 355. Corporations Appropriation (HB1027) The purpose of this appropriation is to accept and review filings made pursuant to statutes; to issue certifications of records on file; and to provide general information to the public on all filed entities. The purpose will be measured by: the average 4298 JOURNAL OF THE HOUSE time to accept and review filings; issue certifications of records; and provide information on filed entities. TOTAL STATE FUNDS $1,197,789 $1,197,789 $1,197,789 State General Funds $1,197,789 $1,197,789 $1,197,789 TOTAL AGENCY FUNDS $739,512 $739,512 $739,512 Sales and Services $739,512 $739,512 $739,512 Sales and Services Not Itemized $739,512 $739,512 $739,512 TOTAL PUBLIC FUNDS $1,937,301 $1,937,301 $1,937,301 Elections Continuation Budget 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 STATE FUNDS $5,545,164 $5,545,164 $5,545,164 State General Funds $5,545,164 $5,545,164 $5,545,164 TOTAL AGENCY FUNDS $20,000 $20,000 $20,000 Sales and Services $20,000 $20,000 $20,000 Sales and Services Not Itemized $20,000 $20,000 $20,000 TOTAL PUBLIC FUNDS $5,565,164 $5,565,164 $5,565,164 Statewide Changes 356.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $66,806 $66,806 $66,806 Changes in the Size of the Program 356.2 Reflect reductions. State General Funds ($395,759) ($395,759) ($395,759) 356.3 Transfer remaining budget and three positions of Elections Campaign and Financial Disclosure to the Georgia Ethics Commission. State General Funds ($106,548) ($106,548) ($106,548) 356. Elections Appropriation (HB1027) The purpose of this appropriation 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 THURSDAY, MARCH 23, 2006 4299 complying with all election, voter registration and financial disclosure laws. TOTAL STATE FUNDS $5,109,663 $5,109,663 $5,109,663 State General Funds $5,109,663 $5,109,663 $5,109,663 TOTAL AGENCY FUNDS $20,000 $20,000 $20,000 Sales and Services $20,000 $20,000 $20,000 Sales and Services Not Itemized $20,000 $20,000 $20,000 TOTAL PUBLIC FUNDS $5,129,663 $5,129,663 $5,129,663 Office Administration Continuation Budget The purpose of the Administration Division is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $4,642,318 $4,642,318 $4,642,318 State General Funds $4,642,318 $4,642,318 $4,642,318 TOTAL AGENCY FUNDS $30,000 $30,000 $30,000 Sales and Services $30,000 $30,000 $30,000 Sales and Services Not Itemized $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $4,672,318 $4,672,318 $4,672,318 Statewide Changes 357.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $165,136 $165,136 $165,136 Changes in Operations / Administration 357.2 Provide funding for the State Boxing Commission. State General Funds $75,000 357. Office Administration Appropriation (HB1027) The purpose of the Administration Division is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $4,807,454 $4,807,454 $4,882,454 State General Funds $4,807,454 $4,807,454 $4,882,454 TOTAL AGENCY FUNDS $30,000 $30,000 $30,000 Sales and Services $30,000 $30,000 $30,000 Sales and Services Not Itemized $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $4,837,454 $4,837,454 $4,912,454 4300 JOURNAL OF THE HOUSE Professional Licensing Boards Continuation Budget The purpose is to protect the public health and welfare by supporting all operations of Boards which license professions. TOTAL STATE FUNDS $9,318,609 $9,318,609 $9,318,609 State General Funds $9,318,609 $9,318,609 $9,318,609 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $9,468,609 $9,468,609 $9,468,609 Statewide Changes 358.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $227,686 $227,686 $227,686 Changes in Operations / Administration 358.2 Annualize funding for the Residential and General Contractors Board. State General Funds $556,622 $556,622 $556,622 358.3 Provide funding for SB 110 - Massage Therapy Licensing Board. State General Funds $100,000 $100,000 Changes in the Size of the Program 358.4 Enable the Professional Licensing Boards (PLB) to fill critical support and inspection/investigative vacancies in the Consumer Services, Allied Health Fields, and Health and Consumer sections as well as in the Businesses and Professions and Health Care Investigation Units; fund twelve new support and inspection/investigative positions for the following boards: Barber, Construction, Cosmetology, Dentistry, Engineers/Land Surveyors, Funeral Services, Registered Nurses, and Used Motor Vehicles and Parts Dealers and related position start-up purchases and operating costs; and fund increase in PLB board member travel expenses. State General Funds $1,151,518 $1,151,518 $1,151,518 358. Professional Licensing Boards Appropriation (HB1027) The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions. TOTAL STATE FUNDS $11,254,435 $11,354,435 $11,354,435 State General Funds $11,254,435 $11,354,435 $11,354,435 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 THURSDAY, MARCH 23, 2006 4301 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $11,404,435 $11,504,435 $11,504,435 Securities Continuation Budget 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 STATE FUNDS $1,961,222 $1,961,222 $1,961,222 State General Funds $1,961,222 $1,961,222 $1,961,222 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements Not Itemized $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $2,011,222 $2,011,222 $2,011,222 Statewide Changes 359.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $79,206 $79,206 $79,206 359. Securities Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $2,040,428 $2,040,428 $2,040,428 State General Funds $2,040,428 $2,040,428 $2,040,428 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements Not Itemized $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $2,090,428 $2,090,428 $2,090,428 Drugs and Narcotics Agency, Georgia Continuation Budget 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 STATE FUNDS $1,288,769 $1,288,769 $1,288,769 State General Funds $1,288,769 $1,288,769 $1,288,769 TOTAL PUBLIC FUNDS $1,288,769 $1,288,769 $1,288,769 Statewide Changes 360.1 GTA, GBA, WC, COLA, SHBP and Annualizer 4302 JOURNAL OF THE HOUSE State General Funds $40,424 $40,424 $40,424 Changes in Operations / Administration 360.2 Provide additional funds to meet contractual rent obligations. State General Funds $2,151 $2,151 $2,151 Changes in the Size of the Program 360.3 Increase funding to new technology initiatives. State General Funds $31,540 $31,540 $31,540 360. Drugs and Narcotics Agency, Georgia Appropriation (HB1027) The purpose of this appropriation is to protect the health, safety, and welfare of the general public by providing an enforcement presence to oversee all laws and regulations pertaining to controlled substances and dangerous drugs. TOTAL STATE FUNDS $1,362,884 $1,362,884 $1,362,884 State General Funds $1,362,884 $1,362,884 $1,362,884 TOTAL PUBLIC FUNDS $1,362,884 $1,362,884 $1,362,884 State Ethics Commission Continuation Budget 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 STATE FUNDS $824,434 $824,434 $824,434 State General Funds $824,434 $824,434 $824,434 TOTAL PUBLIC FUNDS $824,434 $824,434 $824,434 Statewide Changes 361.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $25,620 $25,620 $25,620 Changes to the Purpose or the Purpose Measure 361.2 SAC: The purpose of this appropriation is to protect the integrity of the democratic process and ensure compliance by candidates, public officials, non-candidate campaign committees, lobbyists and vendors with Georgia's Campaign and Financial Disclosure requirements. State General Funds $0 $0 Changes in Operations / Administration 361.3 Increase funds due to additional responsibilities for HB 48 - ethics in government; amend provisions. State General Funds $500,000 $800,000 THURSDAY, MARCH 23, 2006 4303 Changes in the Size of the Program 361.4 Transfer remaining budget and three positions of Elections Campaign and Financial Disclosure to the Georgia Ethics Commission. State General Funds $106,548 $106,548 $106,548 361. State Ethics Commission Appropriation (HB1027) The purpose of this appropriation is to protect the integrity of the democratic process and ensure compliance by candidates, public officials, non-candidate campaign committees, lobbyists and vendors with Georgia's Campaign and Financial Disclosure requirements. TOTAL STATE FUNDS $956,602 $1,456,602 $1,756,602 State General Funds $956,602 $1,456,602 $1,756,602 TOTAL PUBLIC FUNDS $956,602 $1,456,602 $1,756,602 Commission on the Holocaust, Georgia Continuation Budget 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 STATE FUNDS $245,915 $245,915 $245,915 State General Funds $245,915 $245,915 $245,915 TOTAL PUBLIC FUNDS $245,915 $245,915 $245,915 Statewide Changes 362.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $7,497 $7,497 $7,497 362. Commission on the Holocaust, Georgia Appropriation (HB1027) The purpose of this appropriation is to teach the lessons of the Holocaust to present and future generations of Georgians in order to create an awareness of the enormity of the crimes of prejudice and inhumanity and a vigilance to prevent their recurrence. TOTAL STATE FUNDS $253,412 $253,412 $253,412 State General Funds $253,412 $253,412 $253,412 TOTAL PUBLIC FUNDS $253,412 $253,412 $253,412 Real Estate Commission Continuation Budget The purpose is to administer the license law that regulates brokers, salespersons, and community association managers. TOTAL STATE FUNDS $2,891,088 $2,891,088 $2,891,088 State General Funds $2,891,088 $2,891,088 $2,891,088 4304 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $2,891,088 $2,891,088 $2,891,088 Statewide Changes 363.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $63,576 $63,576 $63,576 Changes to the Purpose or the Purpose Measure 363.2 SAC: The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and with providing administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal. House: To administer the license law for real estate brokers and salespersons and with providing administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal. State General Funds $0 $0 Changes in the Size of the Program 363.3 Fill two vacant positions, add one position and one vehicle, and meet increasing technology demands for investigative purposes. State General Funds $298,732 $298,732 $298,732 363. Real Estate Commission Appropriation (HB1027) The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and with providing administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal. TOTAL STATE FUNDS $3,253,396 $3,253,396 $3,253,396 State General Funds $3,253,396 $3,253,396 $3,253,396 TOTAL PUBLIC FUNDS $3,253,396 $3,253,396 $3,253,396 Section 41B: State Election Board State Election Board TOTAL STATE FUNDS State General Funds Continuation Budget $0 $0 $0 $0 $0 $0 THURSDAY, MARCH 23, 2006 4305 Section 42: Soil and Water Conservation Commission Section Total - Continuation TOTAL STATE FUNDS $3,706,196 $3,706,196 $3,706,196 State General Funds $3,706,196 $3,706,196 $3,706,196 TOTAL FEDERAL FUNDS $1,680,526 $1,680,526 $1,680,526 Federal Funds Not Itemized $1,680,526 $1,680,526 $1,680,526 TOTAL AGENCY FUNDS $7,049,487 $7,049,487 $7,049,487 Intergovernmental Transfers $6,799,922 $6,799,922 $6,799,922 Sales and Services $249,565 $249,565 $249,565 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $380,905 $380,905 $380,905 TOTAL PUBLIC FUNDS $12,817,114 $12,817,114 $12,817,114 Section Total - Final TOTAL STATE FUNDS $3,097,477 $3,097,477 $3,097,477 State General Funds $3,097,477 $3,097,477 $3,097,477 TOTAL FEDERAL FUNDS $1,295,526 $1,295,526 $1,295,526 Federal Funds Not Itemized $1,295,526 $1,295,526 $1,295,526 TOTAL AGENCY FUNDS $7,049,312 $7,049,312 $7,049,312 Intergovernmental Transfers $6,799,922 $6,799,922 $6,799,922 Sales and Services $249,390 $249,390 $249,390 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $905 $905 $905 TOTAL PUBLIC FUNDS $11,443,220 $11,443,220 $11,443,220 Commission Administration Continuation Budget The purpose is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $583,098 $583,098 $583,098 State General Funds $583,098 $583,098 $583,098 TOTAL AGENCY FUNDS $175 $175 $175 Sales and Services $175 $175 $175 Sales and Services Not Itemized $175 $175 $175 TOTAL PUBLIC FUNDS $583,273 $583,273 $583,273 Statewide Changes 365.1 GTA, GBA, WC, COLA, SHBP and Annualizer 4306 JOURNAL OF THE HOUSE State General Funds $16,607 $16,607 $16,607 Changes in the Size of the Program 365.2 Remove funds added into agency budget in FY 2005. Sales and Services Not Itemized ($175) ($175) ($175) 365. Commission Administration Appropriation (HB1027) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $599,705 $599,705 $599,705 State General Funds $599,705 $599,705 $599,705 TOTAL PUBLIC FUNDS $599,705 $599,705 $599,705 Conservation of Agricultural Water Supplies Continuation Budget The purpose is to conserve the use of Georgia's ground and surface water by agricultural water users. TOTAL STATE FUNDS $227,332 $227,332 $227,332 State General Funds $227,332 $227,332 $227,332 TOTAL FEDERAL FUNDS $750,000 $750,000 $750,000 Federal Funds Not Itemized $750,000 $750,000 $750,000 TOTAL AGENCY FUNDS $6,749,922 $6,749,922 $6,749,922 Intergovernmental Transfers $6,749,922 $6,749,922 $6,749,922 Intergovernmental Transfers Not Itemized $6,749,922 $6,749,922 $6,749,922 TOTAL PUBLIC FUNDS $7,727,254 $7,727,254 $7,727,254 Statewide Changes 366.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $7,403 $7,403 $7,403 Changes in the Size of the Program 366.2 Fund an increase in the reimbursement rate for district supervisors from $25 to $30 per required monthly meeting. State General Funds $2,509 $2,509 $2,509 366.3 Provide funding for a resource specialist. State General Funds $8,324 $8,324 $8,324 366.4 Transfer funds from the Conservation of Soil and Water Resources program for the Region V office in Dawson to better reflect staff activities. State General Funds $18,461 $18,461 $18,461 THURSDAY, MARCH 23, 2006 4307 366. Conservation of Agricultural Water Supplies Appropriation (HB1027) The purpose of this appropriation is to conserve the use of Georgia's ground and surface water by agricultural water users. TOTAL STATE FUNDS $264,029 $264,029 $264,029 State General Funds $264,029 $264,029 $264,029 TOTAL FEDERAL FUNDS $750,000 $750,000 $750,000 Federal Funds Not Itemized $750,000 $750,000 $750,000 TOTAL AGENCY FUNDS $6,749,922 $6,749,922 $6,749,922 Intergovernmental Transfers $6,749,922 $6,749,922 $6,749,922 Intergovernmental Transfers Not Itemized $6,749,922 $6,749,922 $6,749,922 TOTAL PUBLIC FUNDS $7,763,951 $7,763,951 $7,763,951 Conservation of Soil and Water Resources Continuation Budget The purpose is to conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands. TOTAL STATE FUNDS $1,092,694 $1,092,694 $1,092,694 State General Funds $1,092,694 $1,092,694 $1,092,694 TOTAL FEDERAL FUNDS $863,526 $863,526 $863,526 Federal Funds Not Itemized $863,526 $863,526 $863,526 TOTAL AGENCY FUNDS $299,390 $299,390 $299,390 Intergovernmental Transfers $50,000 $50,000 $50,000 Intergovernmental Transfers Not Itemized $50,000 $50,000 $50,000 Sales and Services $249,390 $249,390 $249,390 Sales and Services Not Itemized $249,390 $249,390 $249,390 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $380,905 $380,905 $380,905 Agency to Agency Contracts $380,905 $380,905 $380,905 TOTAL PUBLIC FUNDS $2,636,515 $2,636,515 $2,636,515 Statewide Changes 367.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $32,776 $32,776 $32,776 Changes in Operations / Administration 367.2 Remove funds for an EPD Erosion & Sedimentation Control contract completed in FY 2005.(H and S:Remove Other Erosion & Sedimentation Control contract completed in FY 2006.) 4308 JOURNAL OF THE HOUSE Agency to Agency Contracts ($380,000) ($380,000) ($380,000) One-Time Expense 367.3 Remove funds for federal contracts that were completed in FY 2005. Federal Funds Not Itemized ($318,000) ($318,000) ($318,000) Changes in the Size of the Program 367.4 Fund an increase in the reimbursement rate for district supervisors from $25 to $30 per required monthly meeting. State General Funds $26,852 $26,852 $26,852 367.5 Provide funding for a rural program manager. State General Funds $25,049 $25,049 $25,049 367.6 Provide funding for a resource specialist. State General Funds $12,484 $12,484 $12,484 367.7 Transfer funds from the Conservation of Soil and Water Resources program for the Region V office in Dawson to better reflect staff activities. State General Funds ($18,461) ($18,461) ($18,461) 367. Conservation of Soil and Water Resources Appropriation (HB1027) The purpose of this appropriation is to conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands. TOTAL STATE FUNDS $1,171,394 $1,171,394 $1,171,394 State General Funds $1,171,394 $1,171,394 $1,171,394 TOTAL FEDERAL FUNDS $545,526 $545,526 $545,526 Federal Funds Not Itemized $545,526 $545,526 $545,526 TOTAL AGENCY FUNDS $299,390 $299,390 $299,390 Intergovernmental Transfers $50,000 $50,000 $50,000 Intergovernmental Transfers Not Itemized $50,000 $50,000 $50,000 Sales and Services $249,390 $249,390 $249,390 Sales and Services Not Itemized $249,390 $249,390 $249,390 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $905 $905 $905 Agency to Agency Contracts $905 $905 $905 TOTAL PUBLIC FUNDS $2,017,215 $2,017,215 $2,017,215 U.S.D.A. Flood Control Watershed Structures Continuation Budget The purpose is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. THURSDAY, MARCH 23, 2006 4309 TOTAL STATE FUNDS $19,655 $19,655 $19,655 State General Funds $19,655 $19,655 $19,655 TOTAL PUBLIC FUNDS $19,655 $19,655 $19,655 Statewide Changes 368.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $721 $721 $721 Changes in Operations / Administration 368.2 Fund an increase in the reimbursement rate for district supervisors from $25 to $30 per required monthly meeting. State General Funds $155 $155 $155 Changes in the Size of the Program 368.3 Provide funding for a rural program manager. State General Funds $6,679 $6,679 $6,679 368.4 Redirect funds from the Water Resources and Land Use Planning program to complete maintenance on five Category 1 Dams. State General Funds $77,853 $77,853 $77,853 368. U.S.D.A. Flood Control Watershed Structures Appropriation (HB1027) The purpose of this appropriation is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. TOTAL STATE FUNDS $105,063 $105,063 $105,063 State General Funds $105,063 $105,063 $105,063 TOTAL PUBLIC FUNDS $105,063 $105,063 $105,063 Water Resources and Land Use Planning Continuation Budget The purpose is to improve the understanding of water use and to develop plans that improve water management and efficiency. TOTAL STATE FUNDS $1,783,417 $1,783,417 $1,783,417 State General Funds $1,783,417 $1,783,417 $1,783,417 TOTAL FEDERAL FUNDS $67,000 $67,000 $67,000 Federal Funds Not Itemized $67,000 $67,000 $67,000 TOTAL PUBLIC FUNDS $1,850,417 $1,850,417 $1,850,417 4310 JOURNAL OF THE HOUSE Statewide Changes 369.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $52 $52 $52 One-Time Expense 369.2 Eliminate one-time funding for regional reservoir planning. State General Funds ($750,000) ($750,000) ($750,000) 369.3 Remove funds for a federal contract that was completed in FY 2005. Federal Funds Not Itemized ($67,000) ($67,000) ($67,000) Changes in the Size of the Program 369.4 Provide funding for a rural program manager. State General Funds $1,670 $1,670 $1,670 369.5 Redirect state funds from the Water Resources and Land Use Planning program to the USDA Flood Control Watershed Structures program to complete maintenance on 5 Category 1 Dams. State General Funds ($77,853) ($77,853) ($77,853) 369. Water Resources and Land Use Planning Appropriation (HB1027) The purpose of this appropriation is to improve the understanding of water use and to develop plans that improve water management and efficiency. TOTAL STATE FUNDS $957,286 $957,286 $957,286 State General Funds $957,286 $957,286 $957,286 TOTAL PUBLIC FUNDS $957,286 $957,286 $957,286 Section 43: Student Finance Commission and Authority, Georgia TOTAL STATE FUNDS Lottery Proceeds State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS $559,488,637 $521,548,450 $37,940,187 $520,653 $520,653 $560,009,290 $577,767,284 Section Total - Continuation $559,488,637 $559,488,637 $521,548,450 $521,548,450 $37,940,187 $37,940,187 $520,653 $520,653 $520,653 $520,653 $560,009,290 $560,009,290 Section Total - Final $576,767,284 $576,267,284 THURSDAY, MARCH 23, 2006 4311 Lottery Proceeds $539,601,059 $539,601,059 $539,601,059 State General Funds $38,166,225 $37,166,225 $36,666,225 TOTAL FEDERAL FUNDS $520,653 $520,653 $522,134 Federal Funds Not Itemized $520,653 $520,653 $522,134 TOTAL AGENCY FUNDS $6,773,600 $6,973,600 $6,773,600 Reserved Fund Balances $6,773,600 $6,973,600 $6,773,600 TOTAL PUBLIC FUNDS $585,061,537 $584,261,537 $583,563,018 Accel Continuation Budget 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 STATE FUNDS $6,000,000 $6,000,000 $6,000,000 Lottery Proceeds $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $6,000,000 $6,000,000 $6,000,000 370. Accel Appropriation (HB1027) The purpose of this appropriation is to allow students to pursue post-secondary study at approved public and private post- secondary institutions, while receiving dual high school and college credit for courses successfully completed. TOTAL STATE FUNDS $6,000,000 $6,000,000 $6,000,000 Lottery Proceeds $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $6,000,000 $6,000,000 $6,000,000 Engineer Scholarship Continuation Budget 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 STATE FUNDS $760,000 $760,000 $760,000 Lottery Proceeds $760,000 $760,000 $760,000 State General Funds $0 TOTAL PUBLIC FUNDS $760,000 $760,000 $760,000 Changes to the Purpose or the Purpose Measure 371.1 SAC: The purpose of this appropriation is to provide service cancelable loans to Georgia residents who are engineering students at Mercer University (Macon campus) and retain those students as engineers in the State. The purpose will be measured by: the percentage repay via service cancellation; the percentage repay in cash; and the average administrative cost of making an award to a student. 4312 JOURNAL OF THE HOUSE Lottery Proceeds $0 371. Engineer Scholarship Appropriation (HB1027) The purpose of this appropriation is to provide service cancelable loans to Georgia residents who are engineering students at Mercer University (Macon campus) and retain those students as engineers in the State. The purpose will be measured by: the percentage repay via service cancellation; the percentage repay in cash; and the average administrative cost of making an award to a student. TOTAL STATE FUNDS $760,000 $760,000 $760,000 Lottery Proceeds $760,000 $760,000 $760,000 TOTAL PUBLIC FUNDS $760,000 $760,000 $760,000 Georgia Military College Scholarship Continuation Budget 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 STATE FUNDS $770,477 $770,477 $770,477 Lottery Proceeds $770,477 $770,477 $770,477 TOTAL PUBLIC FUNDS $770,477 $770,477 $770,477 372. Georgia Military College Scholarship Appropriation (HB1027) The purpose of this appropriation is to provide outstanding students with a full scholarship to attend Georgia Military College, thereby strengthening Georgia's National Guard with their membership. TOTAL STATE FUNDS $770,477 $770,477 $770,477 Lottery Proceeds $770,477 $770,477 $770,477 TOTAL PUBLIC FUNDS $770,477 $770,477 $770,477 Governor's Scholarship Program Continuation Budget 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 STATE FUNDS $2,329,200 $2,329,200 $2,329,200 State General Funds $2,329,200 $2,329,200 $2,329,200 TOTAL PUBLIC FUNDS $2,329,200 $2,329,200 $2,329,200 373. Governor's Scholarship Program Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $2,329,200 $2,329,200 $2,329,200 THURSDAY, MARCH 23, 2006 4313 State General Funds $2,329,200 $2,329,200 $2,329,200 TOTAL PUBLIC FUNDS $2,329,200 $2,329,200 $2,329,200 Guaranteed Educational Loans Continuation Budget The purpose is to provide service cancelable loans to students enrolled in critical fields of study, which include nursing, physical therapy and pharmacy. TOTAL STATE FUNDS $3,799,883 $3,799,883 $3,799,883 State General Funds $3,799,883 $3,799,883 $3,799,883 TOTAL PUBLIC FUNDS $3,799,883 $3,799,883 $3,799,883 Changes to the Purpose or the Purpose Measure 374.3 SAC: The purpose of this appropriation is to provide service cancelable loans to students enrolled in critical fields of study, which include programs such as nursing, physical therapy and pharmacy. The purpose will be measured by: the percentage repay via service cancellation; the percentage repay in cash; and the average administrative cost of making an award to a student. State General Funds $0 One-Time Expense 374.1 Increase funding for 100 additional nursing slots. Reserved Fund Balances Not Itemized $280,000 $280,000 $280,000 374.2 Provide funds for a service cancelable loan program for nursing educators at a maximum of $2,000 per loan for up to 100 students. Reserved Fund Balances Not Itemized $200,000 $0 374. Guaranteed Educational Loans Appropriation (HB1027) The purpose of this appropriation is to provide service cancelable loans to students enrolled in critical fields of study, which include programs such as nursing, physical therapy and pharmacy. The purpose will be measured by: the percentage repay via service cancellation; the percentage repay in cash; and the average administrative cost of making an award to a student. TOTAL STATE FUNDS $3,799,883 $3,799,883 $3,799,883 State General Funds $3,799,883 $3,799,883 $3,799,883 TOTAL AGENCY FUNDS $280,000 $480,000 $280,000 Reserved Fund Balances $280,000 $480,000 $280,000 Reserved Fund Balances Not Itemized $280,000 $480,000 $280,000 TOTAL PUBLIC FUNDS $4,079,883 $4,279,883 $4,079,883 4314 JOURNAL OF THE HOUSE HERO Scholarship Continuation Budget The purpose is to provide educational grant assistance to members of the Georgia National Guard and U.S. Military Reservists who served in combat zones and the children of such members. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 Changes in the Size of the Program 375.1 Provide funds for 50 scholarships at $2,000 per award. State General Funds $200,000 $200,000 $200,000 375. HERO Scholarship Appropriation (HB1027) The purpose of this appropriation is to provide educational grant assistance to members of the Georgia National Guard and U.S. Military Reservists who served in combat zones and the children of such members. TOTAL STATE FUNDS $200,000 $200,000 $200,000 State General Funds $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $200,000 $200,000 $200,000 HOPE Administration Continuation Budget 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 STATE FUNDS $5,111,697 $5,111,697 $5,111,697 Lottery Proceeds $5,111,697 $5,111,697 $5,111,697 State General Funds $0 TOTAL PUBLIC FUNDS $5,111,697 $5,111,697 $5,111,697 Statewide Changes 376.1 GTA, GBA, WC, COLA, SHBP and Annualizer Lottery Proceeds $116,623 $116,623 $116,623 Changes to the Purpose or the Purpose Measure 376.3 SAC: The purpose of this appropriation is to provide for the administration of the HOPE scholarship and grant programs. The purpose will be measured by the calculated administrative cost of making an award to a student. State General Funds $0 Changes in Operations / Administration 376.2 Use current funds in HOPE Administration to provide two positions to implement the mandated grade point transcript exchange initiative. (G:YES)(H:YES)(S:YES) THURSDAY, MARCH 23, 2006 4315 Lottery Proceeds $0 $0 $0 376. HOPE Administration Appropriation (HB1027) The purpose of this appropriation is to provide for the administration of the HOPE scholarship and grant programs. The purpose will be measured by the calculated administrative cost of making an award to a student. TOTAL STATE FUNDS $5,228,320 $5,228,320 $5,228,320 Lottery Proceeds $5,228,320 $5,228,320 $5,228,320 TOTAL PUBLIC FUNDS $5,228,320 $5,228,320 $5,228,320 HOPE GED Continuation Budget 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 STATE FUNDS $2,840,694 $2,840,694 $2,840,694 Lottery Proceeds $2,840,694 $2,840,694 $2,840,694 TOTAL PUBLIC FUNDS $2,840,694 $2,840,694 $2,840,694 Changes in the Size of the Program 377.1 Transfer to HOPE Scholarship-Public Schools to reflect true need and to provide for projected growth. Lottery Proceeds ($379,080) ($379,080) ($379,080) 377. HOPE GED Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $2,461,614 $2,461,614 $2,461,614 Lottery Proceeds $2,461,614 $2,461,614 $2,461,614 TOTAL PUBLIC FUNDS $2,461,614 $2,461,614 $2,461,614 HOPE Grant Continuation Budget The purpose is to provide grants to students seeking a diploma or certificate at a public post-secondary institution. TOTAL STATE FUNDS $122,784,173 $122,784,173 $122,784,173 Lottery Proceeds $122,784,173 $122,784,173 $122,784,173 TOTAL PUBLIC FUNDS $122,784,173 $122,784,173 $122,784,173 378. HOPE Grant Appropriation (HB1027) The purpose of this appropriation is to provide grants to students seeking a diploma or certificate at a public post- secondary institution. TOTAL STATE FUNDS $122,784,173 $122,784,173 $122,784,173 4316 JOURNAL OF THE HOUSE Lottery Proceeds $122,784,173 $122,784,173 $122,784,173 TOTAL PUBLIC FUNDS $122,784,173 $122,784,173 $122,784,173 HOPE Scholarships - Private Schools Continuation Budget The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private post-secondary institution. TOTAL STATE FUNDS $45,751,850 $45,751,850 $45,751,850 Lottery Proceeds $45,751,850 $45,751,850 $45,751,850 TOTAL PUBLIC FUNDS $45,751,850 $45,751,850 $45,751,850 Changes in the Size of the Program 379.1 Transfer to HOPE Scholarship-Public Schools to reflect true need and to provide for projected growth. Lottery Proceeds ($100,118) ($100,118) ($100,118) 379. HOPE Scholarships - Private Schools Appropriation (HB1027) The purpose of this appropriation is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private post-secondary institution. TOTAL STATE FUNDS $45,651,732 $45,651,732 $45,651,732 Lottery Proceeds $45,651,732 $45,651,732 $45,651,732 TOTAL PUBLIC FUNDS $45,651,732 $45,651,732 $45,651,732 HOPE Scholarships - Public Schools Continuation Budget The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public post-secondary institution. TOTAL STATE FUNDS $326,011,143 $326,011,143 $326,011,143 Lottery Proceeds $326,011,143 $326,011,143 $326,011,143 TOTAL PUBLIC FUNDS $326,011,143 $326,011,143 $326,011,143 Changes in the Size of the Program 380.1 Transfer from Promise II ($74,590), HOPE GED ($379,080) and HOPE Scholarship - Private Schools ($100,118) to provide for projected growth. Lottery Proceeds $553,788 $553,788 $553,788 380.2 Increase funds to reflect projected growth. Lottery Proceeds $17,935,986 $17,935,986 $17,935,986 THURSDAY, MARCH 23, 2006 4317 380. HOPE Scholarships - Public Schools Appropriation (HB1027) The purpose of this appropriation is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public post-secondary institution. TOTAL STATE FUNDS $344,500,917 $344,500,917 $344,500,917 Lottery Proceeds $344,500,917 $344,500,917 $344,500,917 TOTAL PUBLIC FUNDS $344,500,917 $344,500,917 $344,500,917 Law Enforcement Dependents Grant Continuation Budget 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 STATE FUNDS $50,911 $50,911 $50,911 State General Funds $50,911 $50,911 $50,911 TOTAL PUBLIC FUNDS $50,911 $50,911 $50,911 381. Law Enforcement Dependents Grant Appropriation (HB1027) The purpose of this appropriation 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 TOTAL STATE FUNDS $50,911 $50,911 $50,911 State General Funds $50,911 $50,911 $50,911 TOTAL PUBLIC FUNDS $50,911 $50,911 $50,911 Leveraging Educational Assistance Partnership Program Continuation Budget 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 STATE FUNDS $966,757 $966,757 $966,757 State General Funds $966,757 $966,757 $966,757 TOTAL FEDERAL FUNDS $520,653 $520,653 $520,653 Federal Funds Not Itemized $520,653 $520,653 $520,653 TOTAL PUBLIC FUNDS $1,487,410 $1,487,410 $1,487,410 Changes in the Size of the Program 382.1 Add funds to properly reflect operating budget represented in HB1026. Federal Funds Not Itemized $1,481 4318 JOURNAL OF THE HOUSE 382. Leveraging Educational Assistance Partnership Program Appropriation (HB1027) The purpose of this appropriation is to provide educational grant assistance to residents of Georgia who demonstrate substantial financial need to attend eligible post-secondary institutions in Georgia. TOTAL STATE FUNDS $966,757 $966,757 $966,757 State General Funds $966,757 $966,757 $966,757 TOTAL FEDERAL FUNDS $520,653 $520,653 $522,134 Federal Funds Not Itemized $520,653 $520,653 $522,134 TOTAL PUBLIC FUNDS $1,487,410 $1,487,410 $1,488,891 North Georgia Military Scholarship Grants Continuation Budget 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 Guard with their membership. TOTAL STATE FUNDS $683,951 $683,951 $683,951 State General Funds $683,951 $683,951 $683,951 TOTAL PUBLIC FUNDS $683,951 $683,951 $683,951 Changes in the Size of the Program 383.1 Increase to fund 118 additional students returning from military deployment. Reserved Fund Balances Not Itemized $1,010,402 $1,010,402 $1,010,402 383. North Georgia Military Scholarship Grants Appropriation (HB1027) The purpose of this appropriation is to provide outstanding students with a full scholarship to attend North Georgia College and State University, thereby strengthening Georgia's Army National Guard with their membership. TOTAL STATE FUNDS $683,951 $683,951 $683,951 State General Funds $683,951 $683,951 $683,951 TOTAL AGENCY FUNDS $1,010,402 $1,010,402 $1,010,402 Reserved Fund Balances $1,010,402 $1,010,402 $1,010,402 Reserved Fund Balances Not Itemized $1,010,402 $1,010,402 $1,010,402 TOTAL PUBLIC FUNDS $1,694,353 $1,694,353 $1,694,353 North Georgia ROTC Grants Continuation Budget 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 STATE FUNDS $432,479 $432,479 $432,479 State General Funds $432,479 $432,479 $432,479 THURSDAY, MARCH 23, 2006 4319 TOTAL PUBLIC FUNDS $432,479 $432,479 $432,479 384. North Georgia ROTC Grants Appropriation (HB1027) The purpose of this appropriation is to provide Georgia residents with non-repayable financial assistance to attend North Georgia College and State University and to participate in the Reserve Officers Training Corps program. TOTAL STATE FUNDS $432,479 $432,479 $432,479 State General Funds $432,479 $432,479 $432,479 TOTAL PUBLIC FUNDS $432,479 $432,479 $432,479 Promise II Scholarship Continuation Budget 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 STATE FUNDS $74,590 $74,590 $74,590 Lottery Proceeds $74,590 $74,590 $74,590 TOTAL PUBLIC FUNDS $74,590 $74,590 $74,590 Changes in What Services are Offered 385.1 Eliminate remaining funds as part of planned phase out, and transfer funds to HOPE Scholarship-Public Schools to provide for projected growth. Lottery Proceeds ($74,590) ($74,590) ($74,590) Promise Scholarship Continuation Budget 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 STATE FUNDS $5,855,278 $5,855,278 $5,855,278 Lottery Proceeds $5,855,278 $5,855,278 $5,855,278 TOTAL PUBLIC FUNDS $5,855,278 $5,855,278 $5,855,278 Changes to the Purpose or the Purpose Measure 386.1 SAC: The purpose of this appropriation is to provide service cancelable loans to students in their junior and senior year who aspire to be teachers in Georgia public schools. The purpose will be measured by: the percentage repay via service cancellation; the percentage repay in cash; and the average administrative cost of making an award to a student. Lottery Proceeds $0 4320 JOURNAL OF THE HOUSE 386. Promise Scholarship Appropriation (HB1027) The purpose of this appropriation is to provide service cancelable loans to students in their junior and senior year who aspire to be teachers in Georgia public schools. The purpose will be measured by: the percentage repay via service cancellation; the percentage repay in cash; and the average administrative cost of making an award to a student. TOTAL STATE FUNDS $5,855,278 $5,855,278 $5,855,278 Lottery Proceeds $5,855,278 $5,855,278 $5,855,278 TOTAL PUBLIC FUNDS $5,855,278 $5,855,278 $5,855,278 Public Memorial Safety Grant Continuation Budget 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 STATE FUNDS $255,850 $255,850 $255,850 Lottery Proceeds $255,850 $255,850 $255,850 TOTAL PUBLIC FUNDS $255,850 $255,850 $255,850 387. Public Memorial Safety Grant Appropriation (HB1027) The purpose of this appropriation is to provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters, EMTs, correctional officers, and prison guards who were permanently disabled or killed in the line of duty, to attend a public post-secondary institution in the State of Georgia. TOTAL STATE FUNDS $255,850 $255,850 $255,850 Lottery Proceeds $255,850 $255,850 $255,850 TOTAL PUBLIC FUNDS $255,850 $255,850 $255,850 Teacher Scholarship Continuation Budget The purpose is to provide forgivable loans to teachers seeking advanced education degrees in critical shortage fields of study. TOTAL STATE FUNDS $5,332,698 $5,332,698 $5,332,698 Lottery Proceeds $5,332,698 $5,332,698 $5,332,698 TOTAL PUBLIC FUNDS $5,332,698 $5,332,698 $5,332,698 Changes to the Purpose or the Purpose Measure 388.1 SAC: The purpose of this appropriation is to provide service cancelable loans to teachers seeking advanced education degrees in critical shortage fields of study. The purpose will be measured by: the percentage repay via service cancellation; the percentage repay in cash; and the average administrative cost of making an award to a student. THURSDAY, MARCH 23, 2006 4321 Lottery Proceeds $0 388. Teacher Scholarship Appropriation (HB1027) The purpose of this appropriation is to provide service cancelable loans to teachers seeking advanced education degrees in critical shortage fields of study. The purpose will be measured by: the percentage repay via service cancellation; the percentage repay in cash; and the average administrative cost of making an award to a student. TOTAL STATE FUNDS $5,332,698 $5,332,698 $5,332,698 Lottery Proceeds $5,332,698 $5,332,698 $5,332,698 TOTAL PUBLIC FUNDS $5,332,698 $5,332,698 $5,332,698 Tuition Equalization Grants Continuation Budget 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 STATE FUNDS $29,031,802 $29,031,802 $29,031,802 State General Funds $29,031,802 $29,031,802 $29,031,802 TOTAL PUBLIC FUNDS $29,031,802 $29,031,802 $29,031,802 Changes in the Size of the Program 389.1 Provide funds to increase from $900 to $1,000 per award. Reserved Fund Balances Not Itemized $5,483,198 $5,483,198 $5,483,198 389.2 Reflect a reduction in demand. State General Funds ($1,000,000) ($1,500,000) 389. Tuition Equalization Grants Appropriation (HB1027) The purpose of this appropriation is to promote the private segment of higher education in Georgia by providing non- repayable grant aid to Georgia residents who attend eligible private post-secondary institutions. TOTAL STATE FUNDS $29,031,802 $28,031,802 $27,531,802 State General Funds $29,031,802 $28,031,802 $27,531,802 TOTAL AGENCY FUNDS $5,483,198 $5,483,198 $5,483,198 Reserved Fund Balances $5,483,198 $5,483,198 $5,483,198 Reserved Fund Balances Not Itemized $5,483,198 $5,483,198 $5,483,198 TOTAL PUBLIC FUNDS $34,515,000 $33,515,000 $33,015,000 Nonpublic Postsecondary Education Commission Continuation Budget The purpose is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed; resolve complaints. 4322 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $645,204 $645,204 $645,204 State General Funds $645,204 $645,204 $645,204 TOTAL PUBLIC FUNDS $645,204 $645,204 $645,204 Statewide Changes 390.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $26,038 $26,038 $26,038 Changes to the Purpose or the Purpose Measure 390.2 SAC: The purpose of this appropriation is to collect student academic records from closed nonpublic postsecondary educational institutions, and ensure that nonpublic postsecondary educational institutions are educationally sound and financially stable. The purpose will be measured by: the number of student academic records that are collected from closed educational institutions within 48 hours of announced closure; the number of student academic record requests that are fulfilled within 10 working days; and the number of institutions that meet academic and financial standards annually without remediation. State General Funds $0 390. Nonpublic Postsecondary Education Commission Appropriation (HB1027) The purpose of this appropriation is to collect student academic records from closed nonpublic postsecondary educational institutions, and ensure that nonpublic postsecondary educational institutions are educationally sound and financially stable. The purpose will be measured by: the number of student academic records that are collected from closed educational institutions within 48 hours of announced closure; the number of student academic record requests that are fulfilled within 10 working days; and the number of institutions that meet academic and financial standards annually without remediation. TOTAL STATE FUNDS $671,242 $671,242 $671,242 State General Funds $671,242 $671,242 $671,242 TOTAL PUBLIC FUNDS $671,242 $671,242 $671,242 Section 44: Teachers' Retirement System TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS TOTAL PUBLIC FUNDS $1,980,000 $1,980,000 $22,762,451 $24,742,451 Section Total - Continuation $1,980,000 $1,980,000 $1,980,000 $1,980,000 $22,762,451 $22,762,451 $24,742,451 $24,742,451 THURSDAY, MARCH 23, 2006 4323 Section Total - Final TOTAL STATE FUNDS $3,903,200 $3,903,200 $3,903,200 State General Funds $3,903,200 $3,903,200 $3,903,200 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,039,131 $22,039,131 $22,039,131 TOTAL PUBLIC FUNDS $25,942,331 $25,942,331 $25,942,331 Floor/COLA, Local System Fund Continuation Budget 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 STATE FUNDS $1,980,000 $1,980,000 $1,980,000 State General Funds $1,980,000 $1,980,000 $1,980,000 TOTAL PUBLIC FUNDS $1,980,000 $1,980,000 $1,980,000 Changes in the Size of the Program 391.1 Provide for a COLA for teacher retirees per HB400 passed in the 2005 session. (S:Introduced in the 2005 session and passed in the 2006 session.) State General Funds $2,143,200 $2,143,200 $2,143,200 391.2 Reduce funds to reflect the anticipated reduction in the number of eligible retirees. State General Funds ($220,000) ($220,000) ($220,000) 391. Floor/COLA, Local System Fund Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $3,903,200 $3,903,200 $3,903,200 State General Funds $3,903,200 $3,903,200 $3,903,200 TOTAL PUBLIC FUNDS $3,903,200 $3,903,200 $3,903,200 System Administration Continuation Budget The purpose is to provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. TOTAL STATE FUNDS $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,762,451 $22,762,451 $22,762,451 Retirement Payments $22,762,451 $22,762,451 $22,762,451 4324 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $22,762,451 $22,762,451 $22,762,451 Statewide Changes 392.1 GTA, GBA, WC, COLA, SHBP and Annualizer Retirement Payments $296,680 $296,680 $296,680 One-Time Expense 392.2 Reduce funds to reflect anticipated costs. Retirement Payments ($1,020,000) ($1,020,000) ($1,020,000) 392. System Administration Appropriation (HB1027) The purpose of this appropriation is to provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,039,131 $22,039,131 $22,039,131 Retirement Payments $22,039,131 $22,039,131 $22,039,131 TOTAL PUBLIC FUNDS $22,039,131 $22,039,131 $22,039,131 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.28% for state fiscal year 2006. Section 45: Technical Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized $320,577,801 $320,577,801 $27,114,459 $19,814,459 $7,300,000 $55,932,658 $55,932,658 $403,624,918 $336,351,064 $336,351,064 $27,114,459 $19,814,459 Section Total - Continuation $320,577,801 $320,577,801 $320,577,801 $320,577,801 $27,114,459 $27,114,459 $19,814,459 $19,814,459 $7,300,000 $7,300,000 $55,932,658 $55,932,658 $55,932,658 $55,932,658 $403,624,918 $403,624,918 Section Total - Final $335,788,064 $335,778,064 $335,788,064 $335,778,064 $27,114,459 $27,114,459 $19,814,459 $19,814,459 THURSDAY, MARCH 23, 2006 4325 Temporary Assistance for Needy Families $7,300,000 $7,300,000 $7,300,000 TOTAL AGENCY FUNDS $55,932,658 $55,932,658 $55,932,658 Sales and Services $55,932,658 $55,932,658 $55,932,658 TOTAL PUBLIC FUNDS $419,398,181 $418,835,181 $418,825,181 Adult Literacy Continuation Budget 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 STATE FUNDS $11,853,450 $11,853,450 $11,853,450 State General Funds $11,853,450 $11,853,450 $11,853,450 TOTAL FEDERAL FUNDS $10,021,333 $10,021,333 $10,021,333 Federal Funds Not Itemized $7,021,333 $7,021,333 $7,021,333 Temporary Assistance for Needy Families $3,000,000 $3,000,000 $3,000,000 Temporary Assistance for Needy Families Block Grant CFDA $3,000,000 $3,000,000 $3,000,000 93.558 TOTAL AGENCY FUNDS $1,121,886 $1,121,886 $1,121,886 Sales and Services $1,121,886 $1,121,886 $1,121,886 Sales and Services Not Itemized $1,121,886 $1,121,886 $1,121,886 TOTAL PUBLIC FUNDS $22,996,669 $22,996,669 $22,996,669 Statewide Changes 393.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $588,417 $588,417 $588,417 Changes in Operations / Administration 393.2 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005. State General Funds $159,014 $159,014 $159,014 One-Time Expense 393.4 Provide funding for the Shirley Smith Community Learning Center in Catoosa County. State General Funds $500,000 $0 Changes in How the Program is Funded 393.5 Reflect $3,000,000 in base budget funds from Temporary Assistance for Needy Families from the Department of Human Resources. 4326 JOURNAL OF THE HOUSE Temporary Assistance for Needy Families Block Grant CFDA 93.558 $0 Changes in the Size of the Program 393.3 Transfer funds to Administration in order to reflect the true cost of the programs. State General Funds ($649,197) ($649,197) ($649,197) Federal Funds Not Itemized ($351,807) ($351,807) ($351,807) TOTAL PUBLIC FUNDS ($1,001,004) ($1,001,004) ($1,001,004) 393. Adult Literacy Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $11,951,684 $12,451,684 $11,951,684 State General Funds $11,951,684 $12,451,684 $11,951,684 TOTAL FEDERAL FUNDS $9,669,526 $9,669,526 $9,669,526 Federal Funds Not Itemized $6,669,526 $6,669,526 $6,669,526 Temporary Assistance for Needy Families $3,000,000 $3,000,000 $3,000,000 Temporary Assistance for Needy Families Block Grant CFDA $3,000,000 $3,000,000 $3,000,000 93.558 TOTAL AGENCY FUNDS $1,121,886 $1,121,886 $1,121,886 Sales and Services $1,121,886 $1,121,886 $1,121,886 Sales and Services Not Itemized $1,121,886 $1,121,886 $1,121,886 TOTAL PUBLIC FUNDS $22,743,096 $23,243,096 $22,743,096 Departmental Administration Continuation Budget 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 STATE FUNDS $4,728,848 $4,728,848 $4,728,848 State General Funds $4,728,848 $4,728,848 $4,728,848 TOTAL FEDERAL FUNDS $800,000 $800,000 $800,000 Temporary Assistance for Needy Families $800,000 $800,000 $800,000 Temporary Assistance for Needy Families Block Grant CFDA $800,000 $800,000 $800,000 93.558 THURSDAY, MARCH 23, 2006 4327 TOTAL PUBLIC FUNDS $5,528,848 $5,528,848 $5,528,848 Statewide Changes 394.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $371,941 $371,941 $371,941 Changes in Operations / Administration 394.2 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005. State General Funds $414,434 $414,434 $414,434 Changes in How the Program is Funded 394.6 Reflect $800,000 in base budget funds from Temporary Assistance for Needy Families from the Department of Human Resources. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $0 Changes in the Size of the Program 394.3 Transfer from Adult Literacy in order to reflect the true cost of the programs. State General Funds $649,197 $649,197 $649,197 Federal Funds Not Itemized $351,807 $351,807 $351,807 TOTAL PUBLIC FUNDS $1,001,004 $1,001,004 $1,001,004 394.4 Transfer from Technical Education in order to reflect the true cost of the programs. State General Funds $3,190,979 $3,190,979 $3,190,979 Federal Funds Not Itemized $1,707,981 $1,707,981 $1,707,981 TOTAL PUBLIC FUNDS $4,898,960 $4,898,960 $4,898,960 394.5 Reduce funding by 2%. State General Funds ($171,380) ($171,380) ($171,380) 394. Departmental Administration Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $9,184,019 $9,184,019 $9,184,019 State General Funds $9,184,019 $9,184,019 $9,184,019 TOTAL FEDERAL FUNDS $2,859,788 $2,859,788 $2,859,788 Federal Funds Not Itemized $2,059,788 $2,059,788 $2,059,788 Temporary Assistance for Needy Families $800,000 $800,000 $800,000 4328 JOURNAL OF THE HOUSE Temporary Assistance for Needy Families Block Grant CFDA $800,000 $800,000 $800,000 93.558 TOTAL PUBLIC FUNDS $12,043,807 $12,043,807 $12,043,807 Quick Start and Customized Services Continuation Budget The purpose is to provide a number of programs and services designed to assist businesses and industries with their training needs. TOTAL STATE FUNDS $11,889,779 $11,889,779 $11,889,779 State General Funds $11,889,779 $11,889,779 $11,889,779 TOTAL PUBLIC FUNDS $11,889,779 $11,889,779 $11,889,779 Statewide Changes 395.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $351,841 $351,841 $351,841 Changes in Operations / Administration 395.2 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005. State General Funds $372,280 $372,280 $372,280 395. Quick Start and Customized Services Appropriation (HB1027) The purpose of this appropriation is to provide a number of programs and services designed to assist businesses and industries with their training needs. TOTAL STATE FUNDS $12,613,900 $12,613,900 $12,613,900 State General Funds $12,613,900 $12,613,900 $12,613,900 TOTAL PUBLIC FUNDS $12,613,900 $12,613,900 $12,613,900 Technical Education Continuation Budget 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 STATE FUNDS $292,105,724 $292,105,724 $292,105,724 State General Funds $292,105,724 $292,105,724 $292,105,724 TOTAL FEDERAL FUNDS $16,293,126 $16,293,126 $16,293,126 Federal Funds Not Itemized $12,793,126 $12,793,126 $12,793,126 Temporary Assistance for Needy Families $3,500,000 $3,500,000 $3,500,000 Temporary Assistance for Needy Families Block Grant CFDA $3,500,000 $3,500,000 $3,500,000 THURSDAY, MARCH 23, 2006 4329 93.558 TOTAL AGENCY FUNDS $54,810,772 $54,810,772 $54,810,772 Sales and Services $54,810,772 $54,810,772 $54,810,772 Sales and Services Not Itemized $54,810,772 $54,810,772 $54,810,772 TOTAL PUBLIC FUNDS $363,209,622 $363,209,622 $363,209,622 Statewide Changes 396.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $13,496,528 $13,496,528 $13,496,528 Changes in Operations / Administration 396.2 Redirect $7,500,000 in one-time funds for HVAC and roof repairs to compensate for an overstated payroll shift reduction made in FY 2005. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 396.3 Provide funds to compensate for an overstated payroll shift reduction made in FY 2005. State General Funds $190,188 $190,188 $190,188 One-Time Expense 396.5 Provide funds for Augusta Technical College satellite campus in Columbia County. State General Funds $135,000 $0 Changes in How the Program is Funded 396.8 Reflect $3,500,000 in base budget funds from Temporary Assistance for Needy Families from the Department of Human Resources. Temporary Assistance for Needy Families Block Grant CFDA 93.558 $0 Changes in the Size of the Program 396.4 Transfer funds to Administration in order to reflect the true cost of the programs. State General Funds ($3,190,979) ($3,190,979) ($3,190,979) Federal Funds Not Itemized ($1,707,981) ($1,707,981) ($1,707,981) TOTAL PUBLIC FUNDS ($4,898,960) ($4,898,960) ($4,898,960) 396.6 Reduce formula funding to reflect a decline in enrollment and credit hours. State General Funds ($1,250,000) ($625,000) 396.7 Provide funding for a pest control certification testing program at Athens Technical College. State General Funds $52,000 $52,000 4330 JOURNAL OF THE HOUSE 396. Technical Education Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $302,601,461 $301,538,461 $302,028,461 State General Funds $302,601,461 $301,538,461 $302,028,461 TOTAL FEDERAL FUNDS $14,585,145 $14,585,145 $14,585,145 Federal Funds Not Itemized $11,085,145 $11,085,145 $11,085,145 Temporary Assistance for Needy Families $3,500,000 $3,500,000 $3,500,000 Temporary Assistance for Needy Families Block Grant CFDA $3,500,000 $3,500,000 $3,500,000 93.558 TOTAL AGENCY FUNDS $54,810,772 $54,810,772 $54,810,772 Sales and Services $54,810,772 $54,810,772 $54,810,772 Sales and Services Not Itemized $54,810,772 $54,810,772 $54,810,772 TOTAL PUBLIC FUNDS $371,997,378 $370,934,378 $371,424,378 Section 46: Transportation, Department of TOTAL STATE FUNDS State Motor Fuel Funds State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Administration Planning & Construction CFDA20.205 FHA Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS $619,016,368 $604,380,000 $14,636,368 $1,118,858,431 $18,858,431 $742,116,038 Section Total - Continuation $619,016,368 $619,016,368 $604,380,000 $604,380,000 $14,636,368 $14,636,368 $1,118,858,431 $1,118,858,431 $18,858,431 $18,858,431 $742,116,038 $742,116,038 $357,883,962 $30,516,747 $21,717,277 $760,233 $8,039,237 $657,795 $357,883,962 $30,516,747 $21,717,277 $760,233 $8,039,237 $657,795 $357,883,962 $30,516,747 $21,717,277 $760,233 $8,039,237 $657,795 THURSDAY, MARCH 23, 2006 4331 TOTAL PUBLIC FUNDS $1,769,049,341 $1,769,049,341 $1,769,049,341 Section Total - Final TOTAL STATE FUNDS $663,851,462 $664,751,462 $664,831,462 State Motor Fuel Funds $646,759,400 $646,759,400 $646,759,400 State General Funds $17,092,062 $17,992,062 $18,072,062 TOTAL FEDERAL FUNDS $1,176,511,379 $1,176,511,379 $1,176,511,379 Federal Funds Not Itemized $24,629,445 $24,629,445 $24,629,445 Federal Highway Administration Planning & Construction $793,997,972 $793,997,972 $793,997,972 CFDA20.205 FHA Planning & Construction CFDA20.205 $357,883,962 $357,883,962 $357,883,962 TOTAL AGENCY FUNDS $8,799,470 $8,799,470 $8,799,470 Intergovernmental Transfers $760,233 $760,233 $760,233 Sales and Services $8,039,237 $8,039,237 $8,039,237 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $657,795 $657,795 $657,795 TOTAL PUBLIC FUNDS $1,849,820,106 $1,850,720,106 $1,850,800,106 Air Transportation Continuation Budget The purpose is to provide transportation to state officials and companies considering a move to Georgia and conducting aerial photography flights. TOTAL STATE FUNDS $1,354,828 $1,354,828 $1,354,828 State General Funds $1,354,828 $1,354,828 $1,354,828 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $657,795 $657,795 $657,795 Air Transportation Charges $657,795 $657,795 $657,795 TOTAL PUBLIC FUNDS $2,012,623 $2,012,623 $2,012,623 Statewide Changes 397.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $48,707 $48,707 $48,707 One-Time Expense 397.2 Provide for aircraft inspections required by the Federal Aviation Administration for two KingAirs in the Air Transportation program. State General Funds $92,000 $92,000 $92,000 4332 JOURNAL OF THE HOUSE 397. Air Transportation Appropriation (HB1027) The purpose of this appropriation is to provide transportation to state officials and companies considering a move to Georgia and conducting aerial photography flights. TOTAL STATE FUNDS $1,495,535 $1,495,535 $1,495,535 State General Funds $1,495,535 $1,495,535 $1,495,535 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $657,795 $657,795 $657,795 Air Transportation Charges $657,795 $657,795 $657,795 TOTAL PUBLIC FUNDS $2,153,330 $2,153,330 $2,153,330 Airport Aid Continuation Budget 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 STATE FUNDS $5,459,409 $5,459,409 $5,459,409 State General Funds $5,459,409 $5,459,409 $5,459,409 TOTAL FEDERAL FUNDS $6,000,000 $6,000,000 $6,000,000 Federal Funds Not Itemized $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $11,459,409 $11,459,409 $11,459,409 Statewide Changes 398.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $11,508 $11,508 $11,508 Changes in the Size of the Program 398.2 Decrease funds to consolidate administrative functions.(H:NO) State General Funds ($5,701) $0 ($5,701) 398.3 Increase funding to meet operating costs.(H:NO) State General Funds $12,200 $0 $12,200 398.4 Increase grant funding for the Airport Aid program to provide for needed maintenance and improvements at Georgia's public airports.(H:YES;Transfer funds from Ports and Waterways($19,535), Rail($25,120), and Transit($428,038) for grant funding; Transfer operating cost from Administration($4,716), Airport Aid ($12,200), Data Collection, Compliance and Reporting ($53,162) and Rail($7,000) programs to Airport Aid grant funding) State General Funds $664,179 $1,213,950 $664,179 398.5 Realign funds to meet projected expenditures. State General Funds ($63,620) ($63,620) ($63,620) THURSDAY, MARCH 23, 2006 4333 398. Airport Aid Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $6,077,975 $6,621,247 $6,077,975 State General Funds $6,077,975 $6,621,247 $6,077,975 TOTAL FEDERAL FUNDS $6,000,000 $6,000,000 $6,000,000 Federal Funds Not Itemized $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $12,077,975 $12,621,247 $12,077,975 Data Collection, Compliance and Reporting Continuation Budget 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 STATE FUNDS $2,396,794 $2,396,794 $2,396,794 State Motor Fuel Funds $1,581,031 $1,581,031 $1,581,031 State General Funds $815,763 $815,763 $815,763 TOTAL FEDERAL FUNDS $3,784,538 $3,784,538 $3,784,538 Federal Highway Administration Planning & Construction $3,784,538 $3,784,538 $3,784,538 CFDA20.205 TOTAL AGENCY FUNDS $115,101 $115,101 $115,101 Reserved Fund Balances $52,844 $52,844 $52,844 Reserved Fund Balances Not Itemized $52,844 $52,844 $52,844 Sales and Services $62,257 $62,257 $62,257 Sales and Services Not Itemized $62,257 $62,257 $62,257 TOTAL PUBLIC FUNDS $6,296,433 $6,296,433 $6,296,433 Statewide Changes 399.1 GTA, GBA, WC, COLA, SHBP and Annualizer State Motor Fuel Funds $179,875 $179,875 $179,875 State General Funds $26,705 $26,705 $26,705 TOTAL PUBLIC FUNDS $206,580 $206,580 $206,580 Changes in How the Program is Funded 399.2 Replace prior-year motor fuel funds with current-year motor fuel funds. State Motor Fuel Funds $52,844 $52,844 $52,844 4334 JOURNAL OF THE HOUSE Reserved Fund Balances Not Itemized ($52,844) ($52,844) ($52,844) TOTAL PUBLIC FUNDS $0 $0 $0 Changes in the Size of the Program 399.3 Increase funding to meet operating costs.(H:Remove added funds and place in Airport Aid) State General Funds $53,162 $0 $53,162 399.4 Realign funds to meet projected expenditures and complete the consolidation of the materials and research office. State Motor Fuel Funds $996,548 $996,548 $996,548 Federal Highway Administration Planning & Construction $2,572,613 $2,572,613 $2,572,613 CFDA20.205 TOTAL PUBLIC FUNDS $3,569,161 $3,569,161 $3,569,161 399.5 Increase Federal Highway Administration funds and the associated state match. State Motor Fuel Funds $394,933 $394,933 $394,933 Federal Highway Administration Planning & Construction $1,799,140 $1,799,140 $1,799,140 CFDA20.205 TOTAL PUBLIC FUNDS $2,194,073 $2,194,073 $2,194,073 399.6 Transfer funds to comply with Section 56 of HB 85. State Motor Fuel Funds $47,047 $47,047 $47,047 Federal Highway Administration Planning & Construction $113,966 $113,966 $113,966 CFDA20.205 TOTAL PUBLIC FUNDS $161,013 $161,013 $161,013 399. Data Collection, Compliance and Reporting Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $4,147,908 $4,094,746 $4,147,908 State Motor Fuel Funds $3,252,278 $3,252,278 $3,252,278 State General Funds $895,630 $842,468 $895,630 TOTAL FEDERAL FUNDS $8,270,257 $8,270,257 $8,270,257 Federal Highway Administration Planning & Construction $8,270,257 $8,270,257 $8,270,257 CFDA20.205 TOTAL AGENCY FUNDS $62,257 $62,257 $62,257 Sales and Services $62,257 $62,257 $62,257 THURSDAY, MARCH 23, 2006 4335 Sales and Services Not Itemized $62,257 $62,257 $62,257 TOTAL PUBLIC FUNDS $12,480,422 $12,427,260 $12,480,422 Departmental Administration Continuation Budget 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 STATE FUNDS $41,568,294 $41,568,294 $41,568,294 State Motor Fuel Funds $41,468,294 $41,468,294 $41,468,294 State General Funds $100,000 $100,000 $100,000 TOTAL FEDERAL FUNDS $9,533,343 $9,533,343 $9,533,343 FHA Planning & Construction CFDA20.205 $9,533,343 $9,533,343 $9,533,343 TOTAL AGENCY FUNDS $2,304,236 $2,304,236 $2,304,236 Reserved Fund Balances $1,405,266 $1,405,266 $1,405,266 Reserved Fund Balances Not Itemized $1,405,266 $1,405,266 $1,405,266 Sales and Services $898,970 $898,970 $898,970 Sales and Services Not Itemized $898,970 $898,970 $898,970 TOTAL PUBLIC FUNDS $53,405,873 $53,405,873 $53,405,873 Statewide Changes 400.1 GTA, GBA, WC, COLA, SHBP and Annualizer State Motor Fuel Funds $1,810,384 $1,810,384 $1,810,384 State General Funds $16,051 $16,051 $16,051 TOTAL PUBLIC FUNDS $1,826,435 $1,826,435 $1,826,435 One-Time Expense 400.2 Delete one-time funding for the I-3 and I-4 Interstate Highway Association study. State General Funds ($100,000) ($100,000) ($100,000) Changes in How the Program is Funded 400.3 Replace prior-year motor fuel funds with current-year motor fuel funds. State Motor Fuel Funds $1,405,266 $1,405,266 $1,405,266 Reserved Fund Balances Not Itemized ($1,405,266) ($1,405,266) ($1,405,266) TOTAL PUBLIC FUNDS $0 $0 $0 4336 JOURNAL OF THE HOUSE Changes in the Size of the Program 400.4 Increase funds to consolidate administrative functions.(H:NO) State General Funds $478,394 $0 $478,394 400.5 Increase funding to meet operating costs.(H:Remove added funds and place in Airport Aid) State General Funds $4,716 $0 $4,716 400.6 Realign funds to meet projected expenditures and complete the consolidation of the materials and research office. State Motor Fuel Funds $14,728,402 $14,728,402 $14,728,402 State General Funds ($1,553) ($1,553) ($1,553) Federal Highway Administration Planning & Construction $221,388 $221,388 $221,388 CFDA20.205 Sales and Services Not Itemized $94,195 $94,195 $94,195 TOTAL PUBLIC FUNDS $15,042,432 $15,042,432 $15,042,432 400.7 Transfer funds to comply with Section 56 of HB 85. State Motor Fuel Funds ($179,495) ($179,495) ($179,495) Federal Highway Administration Planning & Construction ($221,388) ($221,388) ($221,388) CFDA20.205 Sales and Services Not Itemized ($94,195) ($94,195) ($94,195) TOTAL PUBLIC FUNDS ($495,078) ($495,078) ($495,078) 400. Departmental Administration Appropriation (HB1027) The purpose of this appropriation is to plan, construct, maintain, and improve the state's roads and bridges; provide planning and financial support for other modes of transportation such as mass transit and airports; provide airport and air safety planning; and provide air travel to state departments. TOTAL STATE FUNDS $59,730,459 $59,247,349 $59,730,459 State Motor Fuel Funds $59,232,851 $59,232,851 $59,232,851 State General Funds $497,608 $14,498 $497,608 TOTAL FEDERAL FUNDS $9,533,343 $9,533,343 $9,533,343 FHA Planning & Construction CFDA20.205 $9,533,343 $9,533,343 $9,533,343 TOTAL AGENCY FUNDS $898,970 $898,970 $898,970 Sales and Services $898,970 $898,970 $898,970 Sales and Services Not Itemized $898,970 $898,970 $898,970 TOTAL PUBLIC FUNDS $70,162,772 $69,679,662 $70,162,772 THURSDAY, MARCH 23, 2006 4337 Local Road Assistance Continuation Budget The purpose is for contracts with local governments to assist in the construction and reconstruction of their road, bridge, and street systems. TOTAL STATE FUNDS $88,634,898 $88,634,898 $88,634,898 State Motor Fuel Funds $88,634,898 $88,634,898 $88,634,898 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $67,429,038 $67,429,038 $67,429,038 Federal Highway Administration Planning & Construction $57,621,265 $57,621,265 $57,621,265 CFDA20.205 FHA Planning & Construction CFDA20.205 $9,807,773 $9,807,773 $9,807,773 TOTAL AGENCY FUNDS $3,584,325 $3,584,325 $3,584,325 Reserved Fund Balances $2,989,092 $2,989,092 $2,989,092 Reserved Fund Balances Not Itemized $2,989,092 $2,989,092 $2,989,092 Intergovernmental Transfers $595,233 $595,233 $595,233 Intergovernmental Transfers Not Itemized $595,233 $595,233 $595,233 TOTAL PUBLIC FUNDS $159,648,261 $159,648,261 $159,648,261 Statewide Changes 401.1 GTA, GBA, WC, COLA, SHBP and Annualizer State Motor Fuel Funds $974,095 $974,095 $974,095 One-Time Expense 401.7 Provide signage for tourism for the Northeast Georgia Mountains State Motor Fuel Funds $100,000 Changes in How the Program is Funded 401.2 Replace prior-year motor fuel funds with current-year motor fuel funds. State Motor Fuel Funds $2,989,092 $2,989,092 $2,989,092 Reserved Fund Balances Not Itemized ($2,989,092) ($2,989,092) ($2,989,092) TOTAL PUBLIC FUNDS $0 $0 $0 Changes in the Size of the Program 401.3 Transfer funds to comply with Section 56 of HB 85. State Motor Fuel Funds $130,024 $130,024 $130,024 Federal Highway Administration Planning & Construction $50,439 $50,439 $50,439 4338 JOURNAL OF THE HOUSE CFDA20.205 Sales and Services Not Itemized $94,195 $94,195 $94,195 TOTAL PUBLIC FUNDS $274,658 $274,658 $274,658 401.4 Increase Federal Highway Administration funds and the associated state match. State Motor Fuel Funds $489,432 $489,432 $489,432 Federal Highway Administration Planning & Construction $2,229,632 $2,229,632 $2,229,632 CFDA20.205 FHA Planning & Construction CFDA20.205 $0 $0 $0 TOTAL PUBLIC FUNDS $2,719,064 $2,719,064 $2,719,064 401.5 Realign funds to meet projected expenditures and complete the consolidation of the materials and research office. State Motor Fuel Funds $1,934,082 $1,934,082 $1,934,082 Federal Highway Administration Planning & Construction ($50,439) ($50,439) ($50,439) CFDA20.205 Sales and Services Not Itemized ($94,195) ($94,195) ($94,195) TOTAL PUBLIC FUNDS $1,789,448 $1,789,448 $1,789,448 401.6 Provide for the local road initiative "Paving the Way Home" by increasing the local assistance road program (LARP), state fund construction/off-system and state fund construction/most-needed.(H:Provide $8,000,000 in additional funding to LARP)(S:Governor's position) State Motor Fuel Funds $47,287,266 $55,287,266 $47,287,266 401. Local Road Assistance Appropriation (HB1027) The purpose of this appropriation is for contracts with local governments to assist in the construction and reconstruction of their road, bridge, and street systems. TOTAL STATE FUNDS $142,438,889 $150,438,889 $142,538,889 State Motor Fuel Funds $142,438,889 $150,438,889 $142,538,889 TOTAL FEDERAL FUNDS $69,658,670 $69,658,670 $69,658,670 Federal Highway Administration Planning & Construction $59,850,897 $59,850,897 $59,850,897 CFDA20.205 FHA Planning & Construction CFDA20.205 $9,807,773 $9,807,773 $9,807,773 TOTAL AGENCY FUNDS $595,233 $595,233 $595,233 Intergovernmental Transfers $595,233 $595,233 $595,233 Intergovernmental Transfers Not Itemized $595,233 $595,233 $595,233 THURSDAY, MARCH 23, 2006 4339 TOTAL PUBLIC FUNDS $212,692,792 $220,692,792 $212,792,792 Ports and Waterways Continuation Budget The purpose is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports to promote international trade. TOTAL STATE FUNDS $1,119,230 $1,119,230 $1,119,230 State General Funds $1,119,230 $1,119,230 $1,119,230 TOTAL PUBLIC FUNDS $1,119,230 $1,119,230 $1,119,230 Statewide Changes 402.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $7,094 $7,094 $7,094 One-Time Expense 402.2 Reduce funding for the maintenance of state-owned dredge spoils and mosquito control. State General Funds ($305,000) ($305,000) $0 Changes in the Size of the Program 402.3 Decrease funds to consolidate administrative functions in Departmental Administration.(H:Decrease funds and add to Airport Aid)(S:Decrease funds to consolidate administrative functions in Departmental Administration) State General Funds ($19,535) ($19,535) ($19,535) 402.4 Provide funds for South Carolina's projected property tax increase for department-owned land in Jasper County, South Carolina. State General Funds $109,000 $109,000 $109,000 402.5 Realign funds to meet projected expenditures. State General Funds ($55,006) ($55,006) ($55,006) 402. Ports and Waterways Appropriation (HB1027) The purpose of this appropriation is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports to promote international trade. TOTAL STATE FUNDS $855,783 $855,783 $1,160,783 State General Funds $855,783 $855,783 $1,160,783 TOTAL PUBLIC FUNDS $855,783 $855,783 $1,160,783 Rail Continuation Budget 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. 4340 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $657,658 $657,658 $657,658 State General Funds $657,658 $657,658 $657,658 TOTAL PUBLIC FUNDS $657,658 $657,658 $657,658 Statewide Changes 403.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $10,794 $10,794 $10,794 One-Time Expense 403.2 Eliminate one-time funding for the Atlanta-to-Charlotte high-speed rail study. State General Funds ($203,500) ($203,500) ($203,500) 403.9 Provide funds for the St. Mary's railroad.(S:Fund priority three within the department's rail project list for the Rossville to Summerville railroad($600,000). State General Funds $1,100,000 $600,000 Changes in the Size of the Program 403.3 Decrease funds to consolidate administrative functions in Departmental Administration.(H:Decrease funds and add to Airport Aid)(S:Decrease funds to consolidate administrative functions in Departmental Administration) State General Funds ($25,120) ($25,120) ($25,120) 403.4 Realign funds to meet projected expenditures. State General Funds ($98,263) ($98,263) ($98,263) 403.5 Provide funding for implementation plan for freight and passenger rail modernization along Interstate 85 freight corridor. State General Funds $75,000 403.6 Increase funding to meet operating costs.(H:Remove added funds and place in Airport Aid) State General Funds $7,000 $0 $7,000 403.7 Reduce funding for the Georgia Rail Passenger Authority contract. State General Funds ($32,200) ($32,200) ($32,200) 403.8 Reduce Rail Program funding. State General Funds ($200,000) $0 403. Rail Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $316,369 $1,209,369 $991,369 THURSDAY, MARCH 23, 2006 4341 State General Funds $316,369 $1,209,369 $991,369 TOTAL PUBLIC FUNDS $316,369 $1,209,369 $991,369 State Highway System Construction and Improvement Continuation Budget The purpose is to ensure a safe and efficient transportation system. TOTAL STATE FUNDS $223,494,656 $223,494,656 $223,494,656 State Motor Fuel Funds $223,494,656 $223,494,656 $223,494,656 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $846,325,475 $846,325,475 $846,325,475 Federal Highway Administration Planning & Construction $507,782,629 $507,782,629 $507,782,629 CFDA20.205 FHA Planning & Construction CFDA20.205 $338,542,846 $338,542,846 $338,542,846 TOTAL AGENCY FUNDS $10,569,488 $10,569,488 $10,569,488 Reserved Fund Balances $10,404,488 $10,404,488 $10,404,488 Reserved Fund Balances Not Itemized $10,404,488 $10,404,488 $10,404,488 Intergovernmental Transfers $165,000 $165,000 $165,000 Intergovernmental Transfers Not Itemized $165,000 $165,000 $165,000 TOTAL PUBLIC FUNDS $1,080,389,619 $1,080,389,619 $1,080,389,619 Statewide Changes 404.1 GTA, GBA, WC, COLA, SHBP and Annualizer State Motor Fuel Funds $3,093,717 $3,093,717 $3,093,717 Changes in Operations / Administration 404.2 Restore funds used to fund the first six months of the FY 2006 pay raise. State Motor Fuel Funds $998,499 $998,499 $998,499 Changes in How the Program is Funded 404.3 Provide funding for the construction of a new District 2 office building in Tennille, Washington County.(H:Transfer funds to LARP and use existing funds for construction.)(S:Provide funding for the District 6 shop in Cartersville, Bartow County($5,650,000), maintenance at the District 5 facility in Woodbine, Camden County($500,000), District 3 office in LaGrange, Troup County($750,000), maintenance at the District 5 facility in McRae, Telfair County($500,000), and District 1 Gainesville Branch Lab($500,000)) State Motor Fuel Funds $8,000,000 $0 $7,900,000 404.4 Replace prior-year motor fuel funds with current-year motor fuel funds. 4342 JOURNAL OF THE HOUSE State Motor Fuel Funds $10,404,488 $10,404,488 $10,404,488 Reserved Fund Balances Not Itemized ($10,404,488) ($10,404,488) ($10,404,488) TOTAL PUBLIC FUNDS $0 $0 $0 Changes in the Size of the Program 404.5 Realign funds to meet projected expenditures. State Motor Fuel Funds ($7,780,626) ($7,780,626) ($7,780,626) Federal Highway Administration Planning & Construction ($7,989,611) ($7,989,611) ($7,989,611) CFDA20.205 FHA Planning & Construction CFDA20.205 $0 $0 $0 TOTAL PUBLIC FUNDS ($15,770,237) ($15,770,237) ($15,770,237) 404.6 Increase funds from the Federal Highway Administration and provide the associated state match. State Motor Fuel Funds ($51,057,091) ($51,057,091) ($51,057,091) Federal Highway Administration Planning & Construction $37,422,372 $37,422,372 $37,422,372 CFDA20.205 FHA Planning & Construction CFDA20.205 $0 $0 $0 TOTAL PUBLIC FUNDS ($13,634,719) ($13,634,719) ($13,634,719) 404.7 Transfer funds to comply with Section 56 of HB 85. State Motor Fuel Funds ($47,047) ($47,047) ($47,047) Federal Highway Administration Planning & Construction ($113,966) ($113,966) ($113,966) CFDA20.205 TOTAL PUBLIC FUNDS ($161,013) ($161,013) ($161,013) 404.8 Provide for the local road initiative "Paving the Way Home" by increasing the local assistance road program, state fund construction/off-system, and state fund construction/most-needed. State Motor Fuel Funds $6,566,533 $6,566,533 $6,566,533 404. State Highway System Construction and Improvement Appropriation (HB1027) The purpose of this appropriation is to ensure a safe and efficient transportation system. TOTAL STATE FUNDS $193,673,129 $185,673,129 $193,573,129 State Motor Fuel Funds $193,673,129 $185,673,129 $193,573,129 TOTAL FEDERAL FUNDS $875,644,270 $875,644,270 $875,644,270 Federal Highway Administration Planning & Construction $537,101,424 $537,101,424 $537,101,424 CFDA20.205 THURSDAY, MARCH 23, 2006 FHA Planning & Construction CFDA20.205 $338,542,846 TOTAL AGENCY FUNDS $165,000 Intergovernmental Transfers $165,000 Intergovernmental Transfers Not Itemized $165,000 TOTAL PUBLIC FUNDS $1,069,482,399 State Highway System Maintenance The purpose is to coordinate all statewide maintenance activities. TOTAL STATE FUNDS $177,960,168 State Motor Fuel Funds $177,960,168 TOTAL FEDERAL FUNDS $148,458,050 Federal Highway Administration Planning & Construction $148,458,050 CFDA20.205 TOTAL AGENCY FUNDS $9,336,571 Reserved Fund Balances $6,286,801 Reserved Fund Balances Not Itemized $6,286,801 Sales and Services $3,049,770 Sales and Services Not Itemized $3,049,770 TOTAL PUBLIC FUNDS $335,754,789 Statewide Changes 405.1 GTA, GBA, WC, COLA, SHBP and Annualizer State Motor Fuel Funds $3,960,269 Changes in Operations / Administration 405.2 Restore funds used to fund the first 6 months of the FY 2006 pay raise. State Motor Fuel Funds $1,700,709 Changes in How the Program is Funded 405.3 Replace prior-year motor fuel funds with current-year motor fuel funds. State Motor Fuel Funds $6,286,801 Reserved Fund Balances Not Itemized ($6,286,801) TOTAL PUBLIC FUNDS $0 Changes in the Size of the Program 405.4 Realign funds to meet projected expenditures. $338,542,846 $338,542,846 $165,000 $165,000 $165,000 $165,000 $165,000 $165,000 $1,061,482,399 $1,069,382,399 Continuation Budget $177,960,168 $177,960,168 $148,458,050 $148,458,050 $177,960,168 $177,960,168 $148,458,050 $148,458,050 $9,336,571 $6,286,801 $6,286,801 $3,049,770 $3,049,770 $335,754,789 $9,336,571 $6,286,801 $6,286,801 $3,049,770 $3,049,770 $335,754,789 $3,960,269 $3,960,269 $1,700,709 $1,700,709 $6,286,801 ($6,286,801) $0 $6,286,801 ($6,286,801) $0 4343 4344 JOURNAL OF THE HOUSE State Motor Fuel Funds ($12,462,568) ($12,462,568) ($12,462,568) Federal Highway Administration Planning & Construction ($127,592) ($127,592) ($127,592) CFDA20.205 TOTAL PUBLIC FUNDS ($12,590,160) ($12,590,160) ($12,590,160) 405.5 Increase Federal Highway Administration funds and the associated state match. State Motor Fuel Funds $1,048,037 $1,048,037 $1,048,037 Federal Highway Administration Planning & Construction $4,774,394 $4,774,394 $4,774,394 CFDA20.205 TOTAL PUBLIC FUNDS $5,822,431 $5,822,431 $5,822,431 405. State Highway System Maintenance Appropriation (HB1027) The purpose of this appropriation is to coordinate all statewide maintenance activities. TOTAL STATE FUNDS $178,493,416 $178,493,416 $178,493,416 State Motor Fuel Funds $178,493,416 $178,493,416 $178,493,416 TOTAL FEDERAL FUNDS $153,104,852 $153,104,852 $153,104,852 Federal Highway Administration Planning & Construction $153,104,852 $153,104,852 $153,104,852 CFDA20.205 TOTAL AGENCY FUNDS $3,049,770 $3,049,770 $3,049,770 Sales and Services $3,049,770 $3,049,770 $3,049,770 Sales and Services Not Itemized $3,049,770 $3,049,770 $3,049,770 TOTAL PUBLIC FUNDS $334,648,038 $334,648,038 $334,648,038 State Highway System Operations Continuation Budget The purpose is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management. TOTAL STATE FUNDS $17,240,493 $17,240,493 $17,240,493 State Motor Fuel Funds $17,240,493 $17,240,493 $17,240,493 TOTAL FEDERAL FUNDS $24,469,556 $24,469,556 $24,469,556 Federal Highway Administration Planning & Construction $24,469,556 $24,469,556 $24,469,556 CFDA20.205 TOTAL AGENCY FUNDS $4,605,026 $4,605,026 $4,605,026 Reserved Fund Balances $578,786 $578,786 $578,786 Reserved Fund Balances Not Itemized $578,786 $578,786 $578,786 Sales and Services $4,026,240 $4,026,240 $4,026,240 THURSDAY, MARCH 23, 2006 4345 Sales and Services Not Itemized $4,026,240 $4,026,240 $4,026,240 TOTAL PUBLIC FUNDS $46,315,075 $46,315,075 $46,315,075 Statewide Changes 406.1 GTA, GBA, WC, COLA, SHBP and Annualizer State Motor Fuel Funds $975,424 $975,424 $975,424 Changes in How the Program is Funded 406.2 Replace prior-year motor fuel funds with current-year motor fuel funds. State Motor Fuel Funds $578,786 $578,786 $578,786 Reserved Fund Balances Not Itemized ($578,786) ($578,786) ($578,786) TOTAL PUBLIC FUNDS $0 $0 $0 Changes in the Size of the Program 406.3 Increase Federal Highway Administration funds and the associated state match. State Motor Fuel Funds $1,241,648 $1,241,648 $1,241,648 Federal Highway Administration Planning & Construction $5,656,396 $5,656,396 $5,656,396 CFDA20.205 TOTAL PUBLIC FUNDS $6,898,044 $6,898,044 $6,898,044 406.4 Realign funds to meet projected expenditures and complete the consolidation of the materials and research office. State Motor Fuel Funds $2,584,162 $2,584,162 $2,584,162 Federal Highway Administration Planning & Construction $5,373,641 $5,373,641 $5,373,641 CFDA20.205 TOTAL PUBLIC FUNDS $7,957,803 $7,957,803 $7,957,803 406.5 Transfer funds to comply with Section 56 of HB 85. State Motor Fuel Funds $49,471 $49,471 $49,471 Federal Highway Administration Planning & Construction $170,949 $170,949 $170,949 CFDA20.205 TOTAL PUBLIC FUNDS $220,420 $220,420 $220,420 406. State Highway System Operations Appropriation (HB1027) The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management. TOTAL STATE FUNDS $22,669,984 $22,669,984 $22,669,984 State Motor Fuel Funds $22,669,984 $22,669,984 $22,669,984 4346 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS $35,670,542 $35,670,542 $35,670,542 Federal Highway Administration Planning & Construction $35,670,542 $35,670,542 $35,670,542 CFDA20.205 TOTAL AGENCY FUNDS $4,026,240 $4,026,240 $4,026,240 Sales and Services $4,026,240 $4,026,240 $4,026,240 Sales and Services Not Itemized $4,026,240 $4,026,240 $4,026,240 TOTAL PUBLIC FUNDS $62,366,766 $62,366,766 $62,366,766 Transit Continuation Budget 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 STATE FUNDS $5,129,480 $5,129,480 $5,129,480 State General Funds $5,129,480 $5,129,480 $5,129,480 TOTAL FEDERAL FUNDS $12,858,431 $12,858,431 $12,858,431 Federal Funds Not Itemized $12,858,431 $12,858,431 $12,858,431 TOTAL AGENCY FUNDS $2,000 $2,000 $2,000 Sales and Services $2,000 $2,000 $2,000 Sales and Services Not Itemized $2,000 $2,000 $2,000 TOTAL PUBLIC FUNDS $17,989,911 $17,989,911 $17,989,911 Statewide Changes 407.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $13,278 $13,278 $13,278 Changes in the Size of the Program 407.2 Provide funding for the transit program to cover a cost increase in the rail safety oversight contract. State General Funds $20,000 $20,000 $20,000 407.3 Decrease funds to consolidate administrative functions in Departmental Administration.(H:Decrease funds and add to Airport Aid)(S:Decrease funds to consolidate administrative functions in Departmental Administration) State General Funds ($428,038) ($428,038) ($428,038) 407.4 Increase funding for mass transit grants leveraging additional local and federal funds. State General Funds $2,000,000 $2,000,000 $2,000,000 407.5 Increase Federal Transit Agency funds. Federal Funds Not Itemized $5,771,014 $5,771,014 $5,771,014 THURSDAY, MARCH 23, 2006 4347 407.6 Realign funds to meet projected expenditures. State General Funds $218,442 $218,442 $218,442 407. Transit Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $6,953,162 $6,953,162 $6,953,162 State General Funds $6,953,162 $6,953,162 $6,953,162 TOTAL FEDERAL FUNDS $18,629,445 $18,629,445 $18,629,445 Federal Funds Not Itemized $18,629,445 $18,629,445 $18,629,445 TOTAL AGENCY FUNDS $2,000 $2,000 $2,000 Sales and Services $2,000 $2,000 $2,000 Sales and Services Not Itemized $2,000 $2,000 $2,000 TOTAL PUBLIC FUNDS $25,584,607 $25,584,607 $25,584,607 Payments to the State Road and Tollway Authority Continuation Budget The purpose is to provide funds through State Road and Tollway Authority for Bond Trustees for debt service payments on Guaranteed Revenue Bonds. TOTAL STATE FUNDS $54,000,460 $54,000,460 $54,000,460 State Motor Fuel Funds $54,000,460 $54,000,460 $54,000,460 State General Funds $0 $0 $0 TOTAL PUBLIC FUNDS $54,000,460 $54,000,460 $54,000,460 Statewide Changes 408.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $0 $0 $0 Changes in Operations / Administration 408.2 Decrease payments from $54,000,460 to $53,998,892 to reflect the current debt service payment schedule. State Motor Fuel Funds ($7,001,607) ($7,001,607) ($7,001,607) 408. Payments to the State Road and Tollway Authority Appropriation (HB1027) The purpose of this appropriation is to provide funds through State Road and Tollway Authority for Bond Trustees for debt service payments on Guaranteed Revenue Bonds. TOTAL STATE FUNDS $46,998,853 $46,998,853 $46,998,853 State Motor Fuel Funds $46,998,853 $46,998,853 $46,998,853 4348 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $46,998,853 It is the intent of this General Assembly that the following provisions apply: $46,998,853 $46,998,853 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 under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. Section 47: Veterans Service, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS $21,340,355 $21,340,355 $10,984,151 Section Total - Continuation $21,340,355 $21,340,355 $21,340,355 $21,340,355 $10,984,151 $10,984,151 THURSDAY, MARCH 23, 2006 4349 Federal Funds Not Itemized $10,984,151 $10,984,151 $10,984,151 TOTAL PUBLIC FUNDS $32,324,506 $32,324,506 $32,324,506 Section Total - Final TOTAL STATE FUNDS $22,545,033 $22,895,033 $22,945,033 State General Funds $22,545,033 $22,895,033 $22,945,033 TOTAL FEDERAL FUNDS $10,989,011 $10,989,011 $10,989,011 Federal Funds Not Itemized $10,989,011 $10,989,011 $10,989,011 TOTAL PUBLIC FUNDS $33,534,044 $33,884,044 $33,934,044 Departmental Administration Continuation Budget 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 STATE FUNDS $676,034 $676,034 $676,034 State General Funds $676,034 $676,034 $676,034 TOTAL FEDERAL FUNDS $79,875 $79,875 $79,875 Federal Funds Not Itemized $79,875 $79,875 $79,875 TOTAL PUBLIC FUNDS $755,909 $755,909 $755,909 Statewide Changes 409.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $27,469 $27,469 $27,469 Federal Funds Not Itemized $1,494 $1,494 $1,494 TOTAL PUBLIC FUNDS $28,963 $28,963 $28,963 Changes in the Size of the Program 409.2 Realign funds from Administration to Field Operations to properly reflect planned expenditures. State General Funds ($38,879) ($38,879) ($38,879) 409. Departmental Administration Appropriation (HB1027) The purpose of this appropriation is to coordinate, manage and supervise all aspects of department operations to include financial, public information, personnel, accounting, purchasing, supply, mail, records management, and information technology. TOTAL STATE FUNDS $664,624 $664,624 $664,624 State General Funds $664,624 $664,624 $664,624 TOTAL FEDERAL FUNDS $81,369 $81,369 $81,369 4350 JOURNAL OF THE HOUSE Federal Funds Not Itemized $81,369 $81,369 $81,369 TOTAL PUBLIC FUNDS $745,993 $745,993 $745,993 Georgia Veterans Memorial Cemetery Continuation Budget 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 STATE FUNDS $297,683 $297,683 $297,683 State General Funds $297,683 $297,683 $297,683 TOTAL PUBLIC FUNDS $297,683 $297,683 $297,683 Statewide Changes 410.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $10,233 $10,233 $10,233 Changes in the Size of the Program 410.2 Provide for start-up funding of 5 positions at the Georgia Veterans Memorial Cemetery in Glennville. State General Funds $98,267 $98,267 $98,267 410. Georgia Veterans Memorial Cemetery Appropriation (HB1027) The purpose of this appropriation is to provide for the internment of eligible Georgia Veterans who served faithfully and honorably in the military service of our country. TOTAL STATE FUNDS $406,183 $406,183 $406,183 State General Funds $406,183 $406,183 $406,183 TOTAL PUBLIC FUNDS $406,183 $406,183 $406,183 Georgia War Veterans Nursing Home - Augusta Continuation Budget 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 STATE FUNDS $4,437,230 $4,437,230 $4,437,230 State General Funds $4,437,230 $4,437,230 $4,437,230 TOTAL FEDERAL FUNDS $3,104,750 $3,104,750 $3,104,750 Federal Funds Not Itemized $3,104,750 $3,104,750 $3,104,750 TOTAL PUBLIC FUNDS $7,541,980 $7,541,980 $7,541,980 Statewide Changes 411.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $98,309 $98,309 $98,309 THURSDAY, MARCH 23, 2006 4351 Changes in Operations / Administration 411.2 Provide funding to the Augusta Nursing Home to aid in offsetting rising healthcare and pharmaceuticals costs. State General Funds $350,000 $200,000 411. Georgia War Veterans Nursing Home - Augusta Appropriation (HB1027) The purpose of this appropriation 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 STATE FUNDS $4,535,539 $4,885,539 $4,735,539 State General Funds $4,535,539 $4,885,539 $4,735,539 TOTAL FEDERAL FUNDS $3,104,750 $3,104,750 $3,104,750 Federal Funds Not Itemized $3,104,750 $3,104,750 $3,104,750 TOTAL PUBLIC FUNDS $7,640,289 $7,990,289 $7,840,289 Georgia War Veterans Nursing Home - Milledgeville Continuation Budget The purpose is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $10,392,240 $10,392,240 $10,392,240 State General Funds $10,392,240 $10,392,240 $10,392,240 TOTAL FEDERAL FUNDS $7,225,135 $7,225,135 $7,225,135 Federal Funds Not Itemized $7,225,135 $7,225,135 $7,225,135 TOTAL PUBLIC FUNDS $17,617,375 $17,617,375 $17,617,375 One-Time Expense 412.1 Replace 5 hospital beds. State General Funds $8,825 $8,825 $8,825 Changes in the Size of the Program 412.2 Provide funding to re-open the 2nd floor of the Vinson Building. State General Funds $767,048 $767,048 $967,048 412. Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB1027) The purpose of this appropriation is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $11,168,113 $11,168,113 $11,368,113 State General Funds $11,168,113 $11,168,113 $11,368,113 TOTAL FEDERAL FUNDS $7,225,135 $7,225,135 $7,225,135 Federal Funds Not Itemized $7,225,135 $7,225,135 $7,225,135 4352 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $18,393,248 $18,393,248 $18,593,248 Veterans Benefits Continuation Budget 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 STATE FUNDS $5,537,168 $5,537,168 $5,537,168 State General Funds $5,537,168 $5,537,168 $5,537,168 TOTAL FEDERAL FUNDS $574,391 $574,391 $574,391 Federal Funds Not Itemized $574,391 $574,391 $574,391 TOTAL PUBLIC FUNDS $6,111,559 $6,111,559 $6,111,559 Statewide Changes 413.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $206,447 $206,447 $206,447 Federal Funds Not Itemized $3,366 $3,366 $3,366 TOTAL PUBLIC FUNDS $209,813 $209,813 $209,813 Changes in Operations / Administration 413.2 Reduce funding for the Savannah field office due to lower real estate rental charges. State General Funds ($11,920) ($11,920) ($11,920) Changes in the Size of the Program 413.3 Realign funds from Administration to Field Operations to properly reflect planned expenditures. State General Funds $38,879 $38,879 $38,879 413. Veterans Benefits Appropriation (HB1027) The purpose of this appropriation is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by informing the veterans and their families about veterans benefits, and directly assisting and advising them in securing the benefits to which they are entitled. TOTAL STATE FUNDS $5,770,574 $5,770,574 $5,770,574 State General Funds $5,770,574 $5,770,574 $5,770,574 TOTAL FEDERAL FUNDS $577,757 $577,757 $577,757 Federal Funds Not Itemized $577,757 $577,757 $577,757 TOTAL PUBLIC FUNDS $6,348,331 $6,348,331 $6,348,331 THURSDAY, MARCH 23, 2006 4353 Section 48: Workers' Compensation, State Board of Section Total - Continuation TOTAL STATE FUNDS $15,697,280 $15,697,280 $15,697,280 State General Funds $15,697,280 $15,697,280 $15,697,280 TOTAL AGENCY FUNDS $240,000 $240,000 $240,000 Sales and Services $240,000 $240,000 $240,000 TOTAL PUBLIC FUNDS $15,937,280 $15,937,280 $15,937,280 Section Total - Final TOTAL STATE FUNDS $16,100,599 $16,100,599 $16,100,599 State General Funds $16,100,599 $16,100,599 $16,100,599 TOTAL AGENCY FUNDS $120,000 $120,000 $120,000 Sales and Services $120,000 $120,000 $120,000 TOTAL PUBLIC FUNDS $16,220,599 $16,220,599 $16,220,599 Administer the Workers' Compensation Laws Continuation Budget The purpose is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $9,366,793 $9,366,793 $9,366,793 State General Funds $9,366,793 $9,366,793 $9,366,793 TOTAL PUBLIC FUNDS $9,366,793 $9,366,793 $9,366,793 Statewide Changes 414.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $355,360 $355,360 $355,360 Changes in the Size of the Program 414.2 Transfer funds from Board Administration program to fill five vacant positions, increase funds for travel, and purchase tracking software. State General Funds $179,293 $179,293 $179,293 414. Administer the Workers' Compensation Laws Appropriation (HB1027) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $9,901,446 $9,901,446 $9,901,446 State General Funds $9,901,446 $9,901,446 $9,901,446 TOTAL PUBLIC FUNDS $9,901,446 $9,901,446 $9,901,446 4354 JOURNAL OF THE HOUSE Board Administration Continuation Budget 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 STATE FUNDS $6,330,487 $6,330,487 $6,330,487 State General Funds $6,330,487 $6,330,487 $6,330,487 TOTAL AGENCY FUNDS $240,000 $240,000 $240,000 Sales and Services $240,000 $240,000 $240,000 Sales and Services Not Itemized $240,000 $240,000 $240,000 TOTAL PUBLIC FUNDS $6,570,487 $6,570,487 $6,570,487 Statewide Changes 415.1 GTA, GBA, WC, COLA, SHBP and Annualizer State General Funds $47,959 $47,959 $47,959 Changes in the Size of the Program 415.2 Transfer funds to the Administer the Workers' Compensation Laws program to fill five vacant positions, increase funds for travel, and purchase tracking software. State General Funds ($179,293) ($179,293) ($179,293) 415.3 Reduce funds. Sales and Services Not Itemized ($120,000) ($120,000) ($120,000) 415. Board Administration Appropriation (HB1027) The purpose of this appropriation is to provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner that is sensitive, responsive, and effective. TOTAL STATE FUNDS $6,199,153 $6,199,153 $6,199,153 State General Funds $6,199,153 $6,199,153 $6,199,153 TOTAL AGENCY FUNDS $120,000 $120,000 $120,000 Sales and Services $120,000 $120,000 $120,000 Sales and Services Not Itemized $120,000 $120,000 $120,000 TOTAL PUBLIC FUNDS $6,319,153 $6,319,153 $6,319,153 Section 49: State of Georgia General Obligation Debt Sinking Fund TOTAL STATE FUNDS $935,015,180 Section Total - Continuation $935,015,180 $935,015,180 THURSDAY, MARCH 23, 2006 4355 State Motor Fuel Funds $185,620,000 $185,620,000 $185,620,000 State General Funds $749,395,180 $749,395,180 $749,395,180 TOTAL PUBLIC FUNDS $935,015,180 $935,015,180 $935,015,180 Section Total - Final TOTAL STATE FUNDS $866,354,612 $872,212,297 $872,931,565 State Motor Fuel Funds $155,000,000 $155,000,000 $155,000,000 State General Funds $711,354,612 $717,212,297 $717,931,565 TOTAL PUBLIC FUNDS $866,354,612 $872,212,297 $872,931,565 General Obligation Debt Sinking Fund - New Continuation Budget TOTAL STATE FUNDS $80,817,429 $80,817,429 $80,817,429 State Motor Fuel Funds $30,620,000 $30,620,000 $30,620,000 State General Funds $50,197,429 $50,197,429 $50,197,429 TOTAL PUBLIC FUNDS $80,817,429 $80,817,429 $80,817,429 Changes in the Size of the Program 416.1 Transfer SFY2006 debt service for new bonds to Issued or Authorized Under Previous Appropriations Acts programs. State Motor Fuel Funds ($30,620,000) ($30,620,000) ($30,620,000) State General Funds ($50,197,429) ($50,197,429) ($50,197,429) TOTAL PUBLIC FUNDS ($80,817,429) ($80,817,429) ($80,817,429) Criminal Justice Corrections, Department of 416.2 Security for Prisons: $4,515,000 in principal for 20 years at 5.750%: Fund minor construction at various locations. From State General Funds, $385,716 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,515,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $385,716 $385,716 $385,716 Corrections, Department of 416.3 Security for Prisons: $1,780,000 in principal for 5 years at 4.500%: Fund Central repairs at various locations. 4356 JOURNAL OF THE HOUSE From State General Funds, $405,840 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,780,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $405,840 $405,840 $405,840 Corrections, Department of 416.4 Security for Prisons: $3,500,000 in principal for 5 years at 4.500%: Fund portal security enhancement equipment at various facilities. From State General Funds, $798,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $798,000 $798,000 $798,000 Corrections, Department of 416.5 Security for Prisons: $2,000,000 in principal for 5 years at 4.500%: Fund security sliding docking device renovations at various locations. From State General Funds, $456,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $456,000 $456,000 $456,000 Corrections, Department of 416.6 Security for Prisons: $400,000 in principal for 5 years at 4.500%: Fund door and window frame replacements at multiple locations. (G:400,000)(H:0)(S:400,000) From State General Funds, $91,200 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 $400,000 in principal amount of THURSDAY, MARCH 23, 2006 4357 General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $91,200 $0 $91,200 Corrections, Department of 416.7 Lee State Prison: $300,000 in principal for 5 years at 4.500%: Fund lock and control system. (G:300,000)(H:0)(S:300,000) From State General Funds, $68,400 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 $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $68,400 $0 $68,400 Corrections, Department of 416.8 Washington State Prison: $1,200,000 in principal for 20 years at 5.750%: Fund security hardening. From State General Funds, $102,516 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $102,516 $102,516 $102,516 Corrections, Department of 416.9 Headquarters and Training Academy: $7,500,000 in principal for 20 years at 5.750%: Fund renovations for Headquarters and Training Academy relocation to Monroe County. From State General Funds, $640,725 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $640,725 $640,725 $640,725 Defense, Department of 416.10 National Guard Armories: $1,715,000 in principal for 20 years at 5.750%: Renovate and improve various armory facilities statewide. 4358 JOURNAL OF THE HOUSE From State General Funds, $146,512 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,715,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $146,512 $146,512 $146,512 Juvenile Justice, Department of 416.11 Youth Development Campus: $5,270,000 in principal for 5 years at 4.500%: Fund major repairs at various facilities statewide. From State General Funds, $1,201,560 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,201,560 $1,201,560 $1,201,560 Juvenile Justice, Department of 416.12 Youth Development Campus: $5,485,000 in principal for 5 years at 4.500%: Fund minor construction and renovations at various facilities statewide. From State General Funds, $1,250,580 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,485,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,250,580 $1,250,580 $1,250,580 Economic Development Environmental Facilities Authority, Georgia 416.13 Local Government Infrastructure: $43,000,000 in principal for 20 years at 5.750%: Provide low interest loans for local water and sewer construction projects. (G:47,000,000) (H:43,000,000)(S:43,000,000) From State General Funds, $3,673,490 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 $43,000,000 in principal amount of General Obligation Debt, THURSDAY, MARCH 23, 2006 4359 the instruments of which shall have maturities not in excess of 240 months. State General Funds $4,015,210 $3,673,490 $3,673,490 Environmental Facilities Authority, Georgia 416.14 Local Government Infrastructure: $9,000,000 in principal for 20 years at 5.750%: Provide matching funds for the clean water construction loan program. From State General Funds, $768,870 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 $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $768,870 $768,870 $768,870 Environmental Facilities Authority, Georgia 416.15 Local Government Infrastructure: $3,500,000 in principal for 20 years at 5.750%: Provide matching funds for the drinking water construction loan program. From State General Funds, $299,005 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 240 months. State General Funds $299,005 $299,005 $299,005 Economic Development, Department of 416.16 Columbus Trade Center: $11,000,000 in principal for 20 years at 5.750%: Provide funding. (G:11,000,000) (H:0)(S:11,000,000) From State General Funds, $939,730 is specifically appropriated for the purpose of financing projects and facilities for the Department of Economic Development by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 240 months. State General Funds $939,730 $0 $939,730 Transportation, Department of 416.17 Savannah harbor: $15,900,000 in principal for 20 years at 5.750%: Complete construction of the Container Berth 8 project in Savannah. 4360 JOURNAL OF THE HOUSE From State General Funds, $1,358,337 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 $15,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,358,337 $1,358,337 $1,358,337 Ports Authority, Georgia 416.18 Ports Authority: $3,200,000 in principal for 20 years at 5.750%: Complete construction of the deepening of the Brunswick harbor. From State General Funds, $273,376 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 $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $273,376 $273,376 $273,376 World Congress Center Authority 416.19 Georgia World Congress Center: $5,425,000 in principal for 20 years at 5.750%: Fund various facility renovation projects. (G:5,425,000) (H:9,425,000)(S:5,425,000) From State General Funds, $463,458 is specifically appropriated for the purpose of financing projects and facilities for the World Congress Center Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $463,458 $805,178 $463,458 Transportation, Department of 416.20 Rail Lines: $4,500,000 in principal for 20 years at 5.750%: Fund freight rail track rehabilitation, Vidalia. (G and H:550,000)(S:Nunez to Vidalia) From State General Funds, $384,435 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,500,000 in principal THURSDAY, MARCH 23, 2006 4361 amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $46,987 $46,987 $384,435 Transportation, Department of 416.21 Rail Lines: $800,000 in principal for 20 years at 5.750%: Fund freight rail track rehabilitation, Cordele to Cedar Creek. From State General Funds, $68,344 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 $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $68,344 $68,344 $68,344 Financing and Investment Commission, Georgia State 416.95 Economic Development: $8,000,000 in principal for 10 years at 4.750%: Provide funding for the Savannah Riverwalk Project. From State General Funds, $1,024,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia State Financing and Investment 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 $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months. State General Funds $1,024,000 Education Education, Department of 416.22 K - 12 Education: $107,980,000 in principal for 20 years at 5.750%: Authorize regular funding for local school construction. From State General Funds, $9,224,731 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $107,980,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $9,224,731 $9,224,731 $9,224,731 4362 JOURNAL OF THE HOUSE Education, Department of 416.23 K - 12 Education: $147,355,000 in principal for 20 years at 5.750%: Authorize exceptional growth funding for local school construction. From State General Funds, $12,588,538 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $147,355,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $12,588,538 $12,588,538 $12,588,538 Education, Department of 416.24 K - 12 Education: $120,535,000 in principal for 20 years at 5.750%: Authorize regular advance funding for local school construction. From State General Funds, $10,297,305 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $120,535,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $10,297,305 $10,297,305 $10,297,305 Education, Department of 416.25 K - 12 Education: $6,890,000 in principal for 20 years at 5.750%: Authorize low wealth funding for local school construction. From State General Funds, $588,613 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $6,890,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $588,613 $588,613 $588,613 Education, Department of 416.26 K - 12 Education: $13,720,000 in principal for 5 years at 4.500%: Purchase vocational and agricultural equipment for new schools. From State General Funds, $3,128,160 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $13,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. THURSDAY, MARCH 23, 2006 4363 State General Funds $3,128,160 $3,128,160 $3,128,160 Education, Department of 416.27 K - 12 Education: $46,000,000 in principal for 10 years at 4.750%: Purchase school buses. (G and H:50,000,000) From State General Funds, $5,888,001 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $46,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months. State General Funds $6,400,000 $6,400,000 $5,888,001 Education, Department of 416.78 K - 12 Education: $1,255,000 in principal for 5 years at 4.500%: Renovate the Georgia FFA-FCCLA Center and Camp John Hope. From State General Funds, $286,140 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $1,255,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $286,140 $286,140 Fiscal Management Revenue, Department of 416.28 Tax System: $3,000,000 in principal for 5 years at 4.500%: Continue funding for procurement of an integrated tax system. From State General Funds, $684,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Revenue by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $684,000 $684,000 $684,000 General Government Building Authority, Georgia 416.29 remediation of State owned fuel storage tanks: $8,100,000 in principal for 20 years at 5.750%: Fund corrective construction work of state owned fuel storage tanks. (G and H:6,000,000) 4364 JOURNAL OF THE HOUSE From State General Funds, $691,983 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 $8,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $512,580 $512,580 $691,983 Financing and Investment Commission, Georgia State 416.30 Americans with Disability Act: $2,600,000 in principal for 5 years at 4.500%: Fund statewide ADA related facility accessibility improvements. From State General Funds, $592,800 is specifically appropriated for the purpose of financing projects and facilities for the Georgia State Financing and Investment 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 $2,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $592,800 $592,800 $592,800 Human Development Human Resources, Department of 416.31 Central State Hospital: $980,000 in principal for 20 years at 5.750%: Fund life safety and HVAC renovations at the Powell Building. From State General Funds, $83,721 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $980,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $83,721 $83,721 $83,721 Human Resources, Department of 416.32 Central State Hospital: $3,005,000 in principal for 20 years at 5.750%: Fund facility electrical code compliance upgrades, Allen Building. From State General Funds, $256,717 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, THURSDAY, MARCH 23, 2006 4365 enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,005,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $256,717 $256,717 $256,717 Human Resources, Department of 416.33 Central State Hospital: $375,000 in principal for 20 years at 5.750%: Replace air handlers in surgery area, Kidd Building. From State General Funds, $32,036 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $375,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $32,036 $32,036 $32,036 Human Resources, Department of 416.34 Central State Hospital: $5,560,000 in principal for 20 years at 5.750%: Fund HVAC replacement, and plumbing and mechanical system replacement, Freeman Building. From State General Funds, $474,991 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $474,991 $474,991 $474,991 Human Resources, Department of 416.35 Central State Hospital: $2,775,000 in principal for 20 years at 5.750%: Install building communication system in five buildings, water system upgrades, and completion of steam plant upgrades. From State General Funds, $237,068 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,775,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $237,068 $237,068 $237,068 4366 JOURNAL OF THE HOUSE Human Resources, Department of 416.36 Savannah Regional Hospital: $2,535,000 in principal for 20 years at 5.750%: Fund facility roof replacement and boiler replacement. From State General Funds, $216,565 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,535,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $216,565 $216,565 $216,565 Human Resources, Department of 416.37 East Central Regional Hospital: $725,000 in principal for 5 years at 4.500%: Replace kitchen equipment, East Central Regional Hospital, and laundry equipment East Central Regional Hospital, Gracewood. From State General Funds, $165,300 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $725,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $165,300 $165,300 $165,300 Human Resources, Department of 416.38 East Central Regional Hospital: $3,290,000 in principal for 20 years at 5.750%: Fund roof replacement and flooring replacement, East Central Regional Hospital, Gracewood. From State General Funds, $281,065 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,290,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $281,065 $281,065 $281,065 Human Resources, Department of 416.39 Georgia Regional Hospital - Atlanta: $2,580,000 in principal for 20 years at 5.750%: Renovate Building #15, construct small warehouse, and roof replacement. THURSDAY, MARCH 23, 2006 4367 From State General Funds, $220,409 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,580,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $220,409 $220,409 $220,409 Human Resources, Department of 416.40 Northwest Georgia Regional Hospital: $135,000 in principal for 5 years at 4.500%: Replace laundry equipment. From State General Funds, $30,780 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $135,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $30,780 $30,780 $30,780 Labor, Department of 416.41 Roosevelt Warm Springs Institute for Rehabilitation: $1,070,000 in principal for 5 years at 4.500%: Fund roof replacement of various buildings. From State General Funds, $243,960 is specifically appropriated for the purpose of financing projects and facilities for the Department of Labor by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,070,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $243,960 $243,960 $243,960 Labor, Department of 416.42 DOL Rehabilitative Sites: $1,400,000 in principal for 5 years at 4.500%: Upgrade the sprinkler and fire alarm system improvement program at various facilities statewide. From State General Funds, $319,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Labor by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. 4368 JOURNAL OF THE HOUSE State General Funds $319,200 $319,200 $319,200 Veterans Service, Department of 416.96 Georgia War Veterans Nursing Home, Milledgeville: $750,000 in principal for 20 years at 5.750%: Fire Suppression System From State General Funds, $64,073 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $64,073 Higher Education Technical and Adult Education, Department of 416.0 Albany Technical College: $1,830,000 in principal for 20 years at 5.750%: Renovate Construction Academy former Carlton Building From State General Funds, $156,337 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,830,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $156,337 University System of Georgia, Board of Regents 416.43 Regents: $62,240,000 in principal for 20 years at 5.750%: Fund statewide major renovations and rehabilitation. (G:68,240,000) (H:56,240,000)(S:62,240,000) From State General Funds, $5,317,164 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 $62,240,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $5,829,742 $4,804,583 $5,317,164 THURSDAY, MARCH 23, 2006 4369 University System of Georgia, Board of Regents 416.44 Georgia State University: $37,500,000 in principal for 20 years at 5.750%: Construct a Teaching Laboratory Building. From State General Funds, $3,203,625 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 $37,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $3,203,625 $3,203,625 $3,203,625 University System of Georgia, Board of Regents 416.45 Fort Valley State University: $0 in principal for 20 years at 5.750%: Design and construct a campus-wide Infrastructure & Huntington Hall Stabilization (G:3,900,000) (H:0)(S:0) State General Funds $333,177 $0 $0 University System of Georgia, Board of Regents 416.46 East Georgia College: $1,400,000 in principal for 20 years at 5.750%: Design and construct an Infrastructure- Utilities Corridor and Road. From State General Funds, $119,602 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $119,602 $119,602 $119,602 University System of Georgia, Board of Regents 416.47 Gainesville College: $5,000,000 in principal for 20 years at 5.750%: Design, construct, and purchase equipment for the Student Center Addition. From State General Funds, $427,150 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 4370 JOURNAL OF THE HOUSE $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $427,150 $427,150 $427,150 University System of Georgia, Board of Regents 416.48 Kennesaw State University: $4,900,000 in principal for 20 years at 5.750%: Design, construct, and purchase equipment for the renovation of Social Science, Library, & Wilson Buildings. From State General Funds, $418,607 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $418,607 $418,607 $418,607 University System of Georgia, Board of Regents 416.49 Savannah State College: $3,800,000 in principal for 20 years at 5.750%: Fund design and construction for the renovation of historic Hill Hall. From State General Funds, $324,634 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $324,634 $324,634 $324,634 University System of Georgia, Board of Regents 416.50 North Georgia College and State University: $4,700,000 in principal for 20 years at 5.750%: Design, construct, and purchase equipment for the renovation of the historic Education Building. (G:4,700,000) (H:0)(S:4,700,000) From State General Funds, $401,521 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 THURSDAY, MARCH 23, 2006 4371 $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $401,521 $0 $401,521 University System of Georgia, Board of Regents 416.51 State University of West Georgia: $4,700,000 in principal for 20 years at 5.750%: Design, construct, and purchase equipment for the renovation and addition to the Callaway Building. From State General Funds, $401,521 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $401,521 $401,521 $401,521 University System of Georgia, Board of Regents 416.52 Traditional Industries and Research Alliance - GIT: $21,500,000 in principal for 5 years at 4.500%: Fund Georgia Research Alliance R&D infrastructure for research universities. From State General Funds, $4,902,000 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 $21,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $4,902,000 $4,902,000 $4,902,000 University System of Georgia, Board of Regents 416.53 Georgia Institute of Technology: $38,000,000 in principal for 20 years at 5.750%: Complete the design, construction, and equipment for the Nanotechnology Research Center Building. From State General Funds, $3,246,340 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 4372 JOURNAL OF THE HOUSE $38,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $3,246,340 $3,246,340 $3,246,340 University System of Georgia, Board of Regents 416.54 Skidaway Institute of Oceanography: $5,000,000 in principal for 20 years at 5.750%: Design, construct, and purchase equipment for the Marine Bioscience Research and Instructional Center. From State General Funds, $427,150 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $427,150 $427,150 $427,150 University System of Georgia, Board of Regents 416.55 Waycross College: $2,300,000 in principal for 20 years at 5.750%: Design, construct, and purchase equipment for the addition to Building A. From State General Funds, $196,489 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $196,489 $196,489 $196,489 University System of Georgia, Board of Regents 416.56 Armstrong Atlantic State University: $5,000,000 in principal for 20 years at 5.750%: Design, construct, and purchase equipment for the addition to Burnett Hall for a Leadership Hall. From State General Funds, $427,150 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 THURSDAY, MARCH 23, 2006 4373 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $427,150 $427,150 $427,150 University System of Georgia, Board of Regents 416.57 Dalton College: $4,650,000 in principal for 20 years at 5.750%: Design, construct, and purchase equipment for a new academic building located at the Whitfield Career Academy. From State General Funds, $397,250 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 $4,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $397,250 $397,250 $397,250 University System of Georgia, Board of Regents 416.58 Georgia College and State University: $4,850,000 in principal for 20 years at 5.750%: Design, construct, and purchase equipment for the addition to Herty Hall. From State General Funds, $414,336 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,850,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $414,336 $414,336 $414,336 University System of Georgia, Board of Regents 416.59 University of Georgia: $5,000,000 in principal for 20 years at 5.750%: Design, construct, and purchase equipment for the Animal and Dairy Livestock Facility in Oglethorpe County. From State General Funds, $427,150 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 4374 JOURNAL OF THE HOUSE $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $427,150 $427,150 $427,150 University System of Georgia, Board of Regents 416.60 Public Libraries: $0 in principal for 20 years at 5.750%: Construct the new Epheaus Public Library, West Georgia Regional Library System, Heard County. (G:650,000) (H and S:Authorized in HB1026, 2006 Amended budget) State General Funds $55,530 $0 $0 University System of Georgia, Board of Regents 416.61 Public Libraries: $0 in principal for 20 years at 5.750%: Construct the new Headquarters Library, East Central Georgia Regional Library System, Richmond County. (G:2,000,000)(H and S:Authorized in HB1026, 2006 Amended budget) State General Funds $170,860 $0 $0 University System of Georgia, Board of Regents 416.62 Public Libraries: $0 in principal for 20 years at 5.750%: Construct the new Post Road Branch Library, Forsyth County Public Library System, Forsyth County. (G:2,000,000)(H and S:Authorized in HB1026, 2006 Amended budget) State General Funds $170,860 $0 $0 University System of Georgia, Board of Regents 416.63 Public Libraries: $0 in principal for 20 years at 5.750%: Construct the new Hamilton Mill Branch Library, Gwinnett County Public Library System, Gwinnett County. (G:2,000,000)(H and S:Authorized in HB1026, 2006 Amended budget) State General Funds $170,860 $0 $0 University System of Georgia, Board of Regents 416.64 Traditional Industries and Research Alliance - GIT: $900,000 in principal for 5 years at 4.500%: Purchase research equipment for the Traditional Industries Program. From State General Funds, $205,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $205,200 $205,200 $205,200 THURSDAY, MARCH 23, 2006 4375 Technical and Adult Education, Department of 416.65 Technical College Multi-Projects: $7,860,000 in principal for 5 years at 4.500%: Purchase equipment related to facility construction projects at Heart of Georgia Technical College, Southeastern Technical College, Augusta Technical College, and West Georgia Technical College. (S: Appalachian Technical College $200,000) From State General Funds, $1,792,080 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 $7,860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,746,480 $1,746,480 $1,792,080 Technical and Adult Education, Department of 416.66 Okefenokee Technical College: $10,300,000 in principal for 20 years at 5.750%: Design and construct the Allied Health Building. From State General Funds, $879,929 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $879,929 $879,929 $879,929 Technical and Adult Education, Department of 416.67 Savannah Technical College: $15,325,000 in principal for 20 years at 5.750%: Design and construct the Technology Building. From State General Funds, $1,309,215 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 $15,325,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,309,215 $1,309,215 $1,309,215 4376 JOURNAL OF THE HOUSE Technical and Adult Education, Department of 416.68 Lanier Technical College - Oakwood: $11,170,000 in principal for 20 years at 5.750%: Design and construct the Classroom Building, Forsyth County Campus, Lanier Technical College. From State General Funds, $954,253 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 $11,170,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $954,253 $954,253 $954,253 Technical and Adult Education, Department of 416.69 Chattahoochee Technical College: $11,255,000 in principal for 20 years at 5.750%: Design and construct the Classroom Building, Paulding County Campus. From State General Funds, $961,515 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 $11,255,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $961,515 $961,515 $961,515 Technical and Adult Education, Department of 416.70 West Central Technical College: $4,995,000 in principal for 20 years at 5.750%: Design and construct the Classroom Building, Douglasville Campus. From State General Funds, $426,723 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 $4,995,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $426,723 $426,723 $426,723 Technical and Adult Education, Department of 416.71 Ogeechee Technical College: $1,620,000 in principal for 20 years at 5.750%: Design, construct, and purchase equipment for the Commercial Truck Driving and Fire Science Building. THURSDAY, MARCH 23, 2006 4377 From State General Funds, $138,397 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,620,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $138,397 $138,397 $138,397 Technical and Adult Education, Department of 416.72 Okefenokee Technical College: $2,115,000 in principal for 20 years at 5.750%: Design, construct, and purchase equipment for the renovation of the Alma Center, Alma Campus. From State General Funds, $180,684 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 $2,115,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $180,684 $180,684 $180,684 University System of Georgia, Board of Regents 416.79 Darton College: $0 in principal for 20 years at 5.750%: Construct a Nursing/Health Sciences Building in Albany. (H:$5,000,000) (S:0) State General Funds $427,150 $0 University System of Georgia, Board of Regents 416.80 Middle Georgia College: $4,500,000 in principal for 20 years at 5.750%: Renovation of Dillard Hall in Cochran. From State General Funds, $384,435 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $384,435 $384,435 University System of Georgia, Board of Regents 416.81 Coastal Georgia Community College: $4,700,000 in principal for 20 years at 5.750%: Infrastructure upgrades and replacement in Brunswick. 4378 JOURNAL OF THE HOUSE From State General Funds, $401,521 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $401,521 $401,521 University System of Georgia, Board of Regents 416.82 University of Georgia: $4,800,000 in principal for 20 years at 5.750%: Campus infrastructure upgrades. From State General Funds, $410,064 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $410,064 $410,064 University System of Georgia, Board of Regents 416.83 Augusta State University: $2,800,000 in principal for 20 years at 5.750%: Central Energy Plant Expansion. From State General Funds, $239,204 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $239,204 $239,204 University System of Georgia, Board of Regents 416.84 Georgia Southern University: $5,000,000 in principal for 20 years at 5.750%: Foy Renovation/Addition in Statesboro. From State General Funds, $427,150 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 THURSDAY, MARCH 23, 2006 4379 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 240 months. State General Funds $427,150 $427,150 University System of Georgia, Board of Regents 416.85 Live Oak Public Libraries: $2,000,000 in principal for 20 years at 5.750%: Construction in Chatham County. From State General Funds, $170,860 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 Live Oak Public Libraries, 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 240 months. State General Funds $170,860 $170,860 Military College, Georgia 416.86 Georgia Military College: $1,355,000 in principal for 20 years at 5.750%: Design and site preparation for a Academic Building to replace Jenkins Hall in Milledgeville. From State General Funds, $115,758 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Military College by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,355,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $115,758 $115,758 Technical and Adult Education, Department of 416.87 Technical College Multi-Projects: $7,000,000 in principal for 20 years at 5.750%: Statewide major renovations and rehabilitation. From State General Funds, $598,010 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 $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $598,010 $598,010 4380 JOURNAL OF THE HOUSE Technical and Adult Education, Department of 416.88 Technical College Multi-Projects: $3,500,000 in principal for 5 years at 4.500%: Replace obsolete equipment. (H:5,000,000) From State General Funds, $798,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,140,000 $798,000 Technical and Adult Education, Department of 416.89 Flint River Technical College: $7,550,000 in principal for 20 years at 5.750%: Construction of an Industrial Training Building. From State General Funds, $644,997 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 $7,550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $644,997 $644,997 Technical and Adult Education, Department of 416.90 Middle Georgia Technical College: $3,300,000 in principal for 20 years at 5.750%: Construction of a Child Development in Warner Robins. From State General Funds, $281,919 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 $3,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $281,919 $281,919 Technical and Adult Education, Department of 416.91 Columbus Technical College: $0 in principal for 20 years at 5.750%: Design and construct a Health Science Building at Columbus Technical College. (H:13,705,000) State General Funds $1,170,818 $0 THURSDAY, MARCH 23, 2006 4381 Technical and Adult Education, Department of 416.92 South Georgia Technical College: $3,950,000 in principal for 20 years at 5.750%: Expansion of the Crisp County Center at South Georgia Technical College. From State General Funds, $337,449 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 $3,950,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $337,449 $337,449 Technical and Adult Education, Department of 416.93 North Metro Technical College: $10,350,000 in principal for 20 years at 5.750%: Design and construct an Allied Health and Technology Building at North Metro Technical College. From State General Funds, $884,201 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $884,201 $884,201 Technical and Adult Education, Department of 416.97 Atlanta Technical College: $14,215,000 in principal for 20 years at 5.750%: Allied Health Building From State General Funds, $1,214,388 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 $14,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,214,388 University System of Georgia, Board of Regents 416.98 Gordon College: $4,000,000 in principal for 20 years at 5.750%: Academic Success & Retention Center From State General Funds, $341,720 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment 4382 JOURNAL OF THE HOUSE 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 240 months. State General Funds $341,720 Herty Foundation 416.99 Traditional Industries and Research Alliance - Herty: $600,000 in principal for 20 years at 5.750%: Renovations and Improvements From State General Funds, $51,258 is specifically appropriated for the purpose of financing projects and facilities for the Herty Foundation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $51,258 Technical and Adult Education, Department of 416.100 Coosa Valley Technical College: $920,000 in principal for 20 years at 5.750%: Renovate Woodlee Center - Culinary Arts From State General Funds, $78,596 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 $920,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $78,596 University System of Georgia, Board of Regents 416.102 Chicamauga Public Library: $600,000 in principal for 20 years at 5.750%: Chicamauga Library From State General Funds, $51,258 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 Chicamauga Public Library, for that library, through the issuance of not more than $600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $51,258 THURSDAY, MARCH 23, 2006 4383 Technical and Adult Education, Department of 416.105 Altamaha Technical College: $450,000 in principal for 20 years at 5.750%: Renovation and Equipment From State General Funds, $38,444 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 $450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $38,444 Natural Resources Forestry Commission, State 416.73 Forestry Buildings: $3,035,000 in principal for 5 years at 4.500%: Purchase various statewide capital equipment for statewide use. From State General Funds, $691,980 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 $3,035,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $691,980 $691,980 $691,980 Forestry Commission, State 416.74 Forestry Buildings: $1,000,000 in principal for 5 years at 4.500%: Fund major repairs and renovations statewide. From State General Funds, $228,000 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 60 months. State General Funds $228,000 $228,000 $228,000 Natural Resources, Department of 416.75 DNR multi-projects: $2,000,000 in principal for 20 years at 5.750%: Construct and purchase equipment for the Suwannee River Eco-Lodge meeting facility. From State General Funds, $170,860 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, 4384 JOURNAL OF THE HOUSE enlargement, or improvement of land, waters, 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 240 months. State General Funds $170,860 $170,860 $170,860 Natural Resources, Department of 416.76 DNR State Parks: $1,000,000 in principal for 5 years at 4.500%: Fund North Georgia lodge renovations at Amicalola Falls, Unicoi, and Red Top Mountain state parks. From State General Funds, $228,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $228,000 $228,000 $228,000 Natural Resources, Department of 416.77 Historic Sites: $2,000,000 in principal for 20 years at 5.750%: Complete state funding for the Hardman Farm restoration. From State General Funds, $170,860 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $170,860 $170,860 $170,860 Natural Resources, Department of 416.94 Chattahoochee Bend State Park: $7,000,000 in principal for 20 years at 5.750%: Development of Chattahoochee Bend State Park in Coweta County. (H:5,000,000) From State General Funds, $598,010 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $427,150 $598,010 THURSDAY, MARCH 23, 2006 4385 Natural Resources, Department of 416.103 Black Rock Mountain State Park: $350,000 in principal for 20 years at 5.750%: Covered Activity Center From State General Funds, $29,901 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $29,901 Natural Resources, Department of 416.104 DNR multi-projects: $2,000,000 in principal for 10 years at 4.750%: Tybee Beach replacement. From State General Funds, $256,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months. State General Funds $256,000 Forestry Commission, State 416.106 Forestry Buildings: $1,500,000 in principal for 5 years at 4.500%: Equipment for Maintenance Needs. From State General Funds, $342,000 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $342,000 Total Debt Service 10 Year at 4.750% State General Funds $6,400,000 $6,400,000 $7,168,001 20 Year at 5.750% State General Funds $67,279,115 $70,932,104 $73,559,934 5 Year at 4.500% State General Funds $17,437,440 $18,703,980 $18,909,180 4386 JOURNAL OF THE HOUSE Total Debt Service State General Funds $91,116,555 $96,036,084 $99,637,115 Total Principal Amount 10 Year at 4.750% State General Funds $50,000,000 $50,000,000 $56,000,000 20 Year at 5.750% State General Funds $787,535,000 $830,295,000 $861,055,000 5 Year at 4.500% State General Funds $76,480,000 $82,035,000 $82,935,000 Total Principal State General Funds $914,015,000 $962,330,000 $999,990,000 416. General Obligation Debt Sinking Fund - New Appropriation (HB1027) TOTAL STATE FUNDS $91,116,555 $96,036,084 $99,637,115 State General Funds $91,116,555 $96,036,084 $99,637,115 TOTAL PUBLIC FUNDS $91,116,555 $96,036,084 $99,637,115 General Obligation Debt Sinking Fund - New: Authorized Continuation Budget Under Previous Appropriations Acts TOTAL STATE FUNDS $104,606,858 $104,606,858 $104,606,858 State General Funds $104,606,858 $104,606,858 $104,606,858 TOTAL PUBLIC FUNDS $104,606,858 $104,606,858 $104,606,858 Changes in the Size of the Program 417.1 Transfer from General Obligation Debt Sinking Fund - New: Authorized Under Previous Appropriations Act program to General Obligation Debt Sinking Fund Issued program. State General Funds ($53,592,390) ($53,592,390) ($53,592,390) 417.2 Transfer SFY2006 debt service for new bonds. State Motor Fuel Funds $30,620,000 $30,620,000 $30,620,000 State General Funds $28,492,417 $28,492,417 $28,492,417 TOTAL PUBLIC FUNDS $59,112,417 $59,112,417 $59,112,417 417. General Obligation Debt Sinking Fund - New: Appropriation (HB1027) Authorized Under Previous Appropriations Acts TOTAL STATE FUNDS $110,126,885 $110,126,885 $110,126,885 THURSDAY, MARCH 23, 2006 4387 State Motor Fuel Funds $30,620,000 $30,620,000 $30,620,000 State General Funds $79,506,885 $79,506,885 $79,506,885 TOTAL PUBLIC FUNDS $110,126,885 $110,126,885 $110,126,885 General Obligation Debt Sinking Fund - Issued Continuation Budget TOTAL STATE FUNDS $749,590,893 $749,590,893 $749,590,893 State Motor Fuel Funds $155,000,000 $155,000,000 $155,000,000 State General Funds $594,590,893 $594,590,893 $594,590,893 TOTAL PUBLIC FUNDS $749,590,893 $749,590,893 $749,590,893 Changes in the Size of the Program 418.1 Decrease debt service for existing obligation on issued bonds.(H:Reflect restoration of debt prepayment funds expended in the Amended FY2006 budget.) State General Funds ($129,078,823) ($126,308,588) ($131,022,430) 418.2 Adjust debt service for transportation related bonds. State Motor Fuel Funds ($30,620,000) ($30,620,000) ($30,620,000) 418.3 Repeal the authorization of $900,000 in 20-year bonds for the Traditional Industries Program research equipment. State General Funds ($78,300) ($78,300) ($78,300) 418.4 Transfer from General Obligation Debt Sinking Fund - New: Authorized Under Previous Appropriations Act program to General Obligation Debt Sinking Fund Issued program. State General Funds $53,592,390 $53,592,390 $53,592,390 418.5 Transfer SFY2006 debt service for new bonds. State General Funds $21,705,012 $21,705,012 $21,705,012 418.6 Adjust debt service to reflect savings due to refinancing of bonds. State General Funds ($1,832,079) $0 418. General Obligation Debt Sinking Fund - Issued Appropriation (HB1027) TOTAL STATE FUNDS $665,111,172 $666,049,328 $663,167,565 State Motor Fuel Funds $124,380,000 $124,380,000 $124,380,000 State General Funds $540,731,172 $541,669,328 $538,787,565 TOTAL PUBLIC FUNDS $665,111,172 $666,049,328 $663,167,565 4388 JOURNAL OF THE HOUSE Section 50: Federal Funds 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 receding 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. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 51. Refunds In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. Section 52: Leases 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 THURSDAY, MARCH 23, 2006 4389 satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 53: Flex 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 state funds 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. Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose or any other lawful purpose consistent with the fund source and the general law powers of the budget unit. This paragraph does not: (1) permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes; (2) 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 54. General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 63 of the Amended General Appropriations Act for state fiscal year 2004-2005 is hereby repealed in its entirety: From the appropriation designated "State General Funds (New)," $78,300 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Section 55: Salary Adjustments In addition to the appropriations made above, there is hereby appropriated and included in the agency appropriations listed above funding for the following purposes: 4390 JOURNAL OF THE HOUSE 1.) To provide a general salary adjustment of up to 4% for employees of the Judicial, Legislative and Executive Branches, as follows: (a) To provide a general salary adjustment of 2% for employees of the Judicial, Legislative and Executive Branches; (b) To provide an additional adjustment for employees making less than the arithmetic midpoint of the Pay Grade Salary Range to which their Job Title is now assigned, as follows: (i) In addition to the general adjustment of 2%, add the percentage amount determined by division, where the numerator (dividend) is the arithmetic midpoint less current salary and the denominator (divisor) is the arithmetic midpoint less minimum salary for the Pay Grade Range, with the quotient (result) converted to a percentage. (ii) The purpose of the appropriation for employees not assigned to a Job Title with a Pay Grade Salary Range as published by the Georgia Merit System is a substantially equivalent calculation by their employing agency. (c) It is a purpose of the appropriation for the proposed salary adjustment for Executive branch employees that it be in conformance with the compensation and performance management plans promulgated by the State Personnel Board or as otherwise provided by law. (d) The amounts of the appropriations in this item are calculated according to an effective date of January 1, 2007. 2.) In lieu of other numbered items, (a) to provide for the cost-of-living adjustment for each state officer whose salary is set by Code Sections 45-7-4(a), as authorized by O.C.G.A. 45-7-4(b), (in a percentage equal to the "average percentage of the general increase in salary authorized to employees of the executive, judicial, and legislative branches of government," as determined by the Office of Planning and Budget, with members of the General Assembly subject to the further provisions O.C.G.A. 45-7-4(b) as to amount and effective date; THURSDAY, MARCH 23, 2006 4391 (b) To provide for discretionary increases of up to 4% for other department heads and officers whose salary is not set by statute. (c) Subject to the provisions of O.C.G.A. 45-7-4(b), the amounts of the appropriations in this item are calculated according to an effective date of January 1, 2007. 3.) In lieu of other numbered items, (a) to provide for a 4% increase in the state base salary on the local teacher salary schedule of the State Board of education. This proposed 4% 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 amounts of the appropriations in this item are calculated according to an effective date of September 1, 2006 (b) to provide for a 4% increase for local school bus drivers and lunchroom workers. The amounts of the appropriations in this item are calculated according to an effective date of July 1, 2006. 4.) In lieu of other numbered items, to provide a 4% funding level for teachers and other academic personnel within the Department of Early Care and Learning. The amounts of the appropriations in this item are calculated to commence August 1, 2006. 5.) In lieu of other numbered items, to provide a 4% funding level for merit increases for Regents faculty and non-academic personnel. The amounts of the appropriations in this item are calculated to commence January 1, 2007. 6.) In lieu of other numbered items, to provide a 4% salary increase for public librarians. The amounts of the appropriations in this item are calculated according to an effective date of January 1, 2007. 7.) In lieu of other numbered items, to provide for a 4% salary increase for teachers and support personnel within the Department of Technical and Adult Education. The amounts of the appropriations in this item are calculated according to an effective date of January 1, 2007. 4392 JOURNAL OF THE HOUSE Section 56: Supplemental Salary Adjustments The General Assembly has distributed and included in the agency appropriations listed above State funds for the following purposes: 1.) In addition to the general salary adjustment in Section 55, provide a supplemental salary adjustment to the Board of Pardons and Paroles sworn personnel job classes as follows: Parole Officer (Job Code:17527) and Parole Investigator (Job Code:17529). The amount for the adjustment is calculated at a minimum to raise salaries of affected employees by 3%. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2007. 2.) In addition to the general salary adjustment in Section 55, a supplemental salary adjustment to the Department of Corrections sworn personnel job classes as follows: Correctional Officer (Job Code:17242), Probation Officer 1 and 2 (Job Code:17502), Fugitive Agent (Job Code:70403), Canine Handler (Job Code:17101), Sergeant OID (Job Code:17233), Sergeant GDC (Job Code:17234), Transfer Officer (Job Code:17264), Investigator GDC (Job Code:17478), Probation Surveillance (Job Code:17501) Probation Officer, Center (Job Code:17507), Probation Officer 3 (Job Code:17503) and Correctional Officer, Farm Services (Job Code:17259). The amount for the adjustment is calculated at a minimum to raise salaries of affected employees by 3%. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2007 3.) In addition to the general salary adjustment in Section 55, a supplemental salary adjustment to the Department of Public Safety sworn personnel job classes as follows: Trooper First Class (Job Code: 17708), Trooper (Job Code: 17706), Cadet (DPS) (Job Code: 17707), Trooper Cadet/Trooper School (Job Code: 17710), MCCD Officer Cadet (Job Code: 17805) MCCD Corporal (Job Code: 17804), and MCCD Sergeant (Job Code: 17803). The amount for the adjustment is calculated at a minimum to raise salaries of affected employees by 3%. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2007. 4.) In addition to the general salary adjustment in Section 55, a supplemental salary adjustment to the Department of Juvenile Justice sworn personnel job classes as follows: Juvenile Correctional Officer 1 (Job Code:17251), Juvenile Correctional Officer 2 (Job Code:17246), Transfer Officer (Job Code:17264), Juvenile Probation/Parole Specialist 1 (Job Code:17419) and Juvenile Probation/Parole Specialist 2 (Job Code:17423). The amount for the adjustment is calculated at a minimum to raise salaries of affected employees by 3%. The amount of the appropriation for this purpose is calculated THURSDAY, MARCH 23, 2006 4393 according to an effective date of January 1, 2007. 5.) In addition to the general salary adjustment in Section 55, a supplemental salary adjustment to the Georgia Bureau of Investigation sworn personnel job classes as follows: Special Agent 1 (Job Code:17456), Special Agent 2 (Job Code:17457), Special Agent 3 (Job Code:17453), ASAC/Multi-Jurisdic Task Force (Job Code:17433) and Narcotic Agent (Job Code:17497). The amount for the adjustment is calculated at a minimum to raise salaries of affected employees by 3%. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2007. 6.) In addition to the general salary adjustment in Section 55, a supplemental salary adjustment to the Department of Natural Resources sworn personnel job classes as follows: Conservation Ranger First Class (Job Code: 17907) and Conservation Ranger (Job Code: 17911) Section 57: Budgetary Control and Interpretation The appropriations in this Act consist of the amount stated in the right-most column, for each line at the lowest level of detail for State Funds, Federal Funds, and as provided by law for other funds, under a caption beginning with a program number and program name and ending with "Appropriation (HB 1027)," in each case as associated with the statement of Program Name and Program Purpose. Amounts in the other columns are for informational purposes only. The Program Purpose is stated immediately below the Program Name. Text in a group of lines that begin with a decimal number is not part of a statement of purpose and is for information only. For Section 49, titled the "State of Georgia General Obligation Debt Sinking Fund," the appropriations are in Program appropriations and more specifically in the authorizing paragraphs as amended, and the lines beginning with a decimal number are for informational purposes only. The blocks of text and numerals immediately following the Section header and beginning with the phrases, "Section Total -Continuation" and "Section Totals Final" are for informational purposes only. Sections 50, 51, 52, 53, 54, 55, 56 and 57 contain, constitute or amend appropriations. Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Repeal Conflicting Laws All laws and parts of laws in conflict with this act are repealed. 4394 JOURNAL OF THE HOUSE Representative Harbin of the 118th moved that the House disagree to the Senate substitute to HB 1027. The motion prevailed. 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 27. By Senator Henson of the 41st: A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration of private military vehicles; to provide that the commissioner of motor vehicle safety shall implement rules and regulations relating to the registration of private military vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Brown Y Bruce Bryant Y Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Maxwell Y May Y McCall McClinton Y Meadows Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Parsons Y Porter Y Powell Y Ralston Y Randall Y Sailor E Scheid E Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V 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 THURSDAY, MARCH 23, 2006 4395 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 E Heckstall Y Hembree Y Henson Y Hill, C Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed. The Speaker Pro Tem assumed the Chair. SB 530. By Senators Weber of the 40th and Seabaugh of the 28th: A BILL to be entitled an Act to amend Code Section 44-14-361 of the Official Code of Georgia Annotated, relating to creation and attachment of liens in favor of mechanics and materialmen, so as to change certain provisions relating to such liens, the conditions under which they attach, the property to which they attach, and the value for which they are created; 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: E Abdul-Salaam Amerson Y Anderson Y Ashe Y Barnard Y Barnes E Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Crawford Y Cummings Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Martin Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Sailor E Scheid E Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre 4396 JOURNAL OF THE HOUSE 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 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 Graves, T E Greene Y Hanner Y Harbin Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C 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 Oliver Y O'Neal Y Orrock Y Parham Y Parrish Parsons Y Porter Y Powell E Ralston 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 Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Buckner of the 76th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. SB 578. By Senators Whitehead, Sr. of the 24th, Cagle of the 49th, Hudgens of the 47th, Tolleson of the 20th and Stephens of the 27th: A BILL to be entitled an Act to amend Chapter 15 of Title 12 of the O.C.G.A., relating to sewage holding tanks, and Chapter 2 of Title 31 of the O.C.G.A., relating to the Department of Human Resources, so as to provide that a commercial waste tank truck receiving or disposing of commercial waste may be inspected and permitted annually pursuant to rules and regulations promulgated by the Department of Human Resources; to provide for certain provisions allowing for the satisfaction of Title 12 inspection requirements by inspections required in Title 31; to provide for certain provisions allowing for the satisfaction of Title 31 inspection requirements by inspections required in Title 12; to provide that inspections satisfied in one county or municipality in the state shall be accepted throughout the state; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. THURSDAY, MARCH 23, 2006 4397 On the passage of the Bill, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague 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 Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster E Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard, E 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 Y Keen Y Keown Y Kidd 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 Maxwell Y May Y McCall McClinton Y Meadows Y Millar 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 Parsons Y Porter Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor E Scheid E Scott, A E Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Powell of the 29th 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 380. By Senators Kemp of the 46th, Hudgens of the 47th, Bulloch of the 11th, Tolleson of the 20th, Cagle of the 49th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 2 of the 4398 JOURNAL OF THE HOUSE O.C.G.A, relating to agricultural commodity commissions generally, so as to make certain provisions for an agricultural commodity commission for equines; to change certain provisions relating to definitions relative to said article; to change certain provisions relating to composition, appointments, terms of office, and compensation of commodity commission members, certification of membership to the Secretary of State, advisory boards, special committees, personnel, legal representation, eligibility of federation or organization members, acceptance of donations, voting, and termination; to change certain provisions relating to authorization for issuance of marketing orders, notice, public hearing, record, reports from handlers, compilation of lists of producers and handlers, and use of information in reports; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, so as to create the Agricultural Commodity Commission for Equines; to define certain terms; to provide for supervision; to provide for the commission and its members; to provide for officers and quorums; to provide for funds of the commission; to provide certain immunity; to provide for cooperation; to provide for hearings; to provide for marketing orders; to provide for amendments; to provide for administration of funds; to provide an exception; to provide for related matters; to provide a contingent effective date; to provide for contingent automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, is amended by striking Code Section 2-8-10, relating to nonapplicability of Article 2 of said chapter, and inserting in lieu thereof the following: "2-8-10. This article shall not apply to the Agricultural Commodity Commission for Peanuts provided for in Article 3 of this chapter, except as provided in Code Section 2-8-13; nor shall this article apply to the Agricultural Commodity Commission for Equines provided for in Article 4 of this chapter." SECTION 2. Said chapter is further amended by adding a new article to read as follows: "ARTICLE 5 THURSDAY, MARCH 23, 2006 4399 2-8-120. This article shall apply only to the Agricultural Commodities Commission for Equines. 2-8-121. As used in this article, the term: (1) 'Advertising and sales promotion' means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of equines to market and may include the presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of any equines. (2) 'Commission' means the Agricultural Commodity Commission for Equines created under this article. (3) 'Equine' means any member of the Equidae family, including horses, mules, hinnies, and asses. (4) 'Person' means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any of the commercial activities regulated pursuant to this article. (5) 'Producer' means any person who owns one or more equines or is engaged within this state in the business of buying, selling, boarding, holding, training, breeding, riding, pulling vehicles with, or otherwise utilizing equines for similar purposes. 2-8-122. The Commissioner shall be authorized to exercise supervisory jurisdiction over the administration and enforcement of this article. In the performance of this duty, the Commissioner is authorized to utilize the personnel and facilities of the department. 2-8-123. There is created the Agricultural Commodity Commission for Equines. 2-8-124. (a) The commission shall be composed of: (1) The Commissioner of Agriculture, ex officio; (2) The president of the Georgia Farm Bureau, ex officio; (3) One member elected by the Senate Agriculture and Consumer Affairs Committee with a quorum present and a majority of those present concurring, who shall be a producer and shall not be a member of the General Assembly; (4) One member elected by the House of Representatives Committee on Agriculture and Consumer Affairs with a quorum present and a majority of those present concurring, who shall be a producer and shall not be a member of the General Assembly; and (5) Five additional members, all of whom shall be appointed by the members of the commission specified in paragraphs (1) through (4) of this subsection. At least four of such appointees shall be producers. 4400 JOURNAL OF THE HOUSE (b) The initial two members elected by the agriculture and consumer affairs committees of the General Assembly shall be elected and qualification to take office for a term beginning on January 1, 2007, and ending upon the election of their successors during the regular 2009 session of the General Assembly. Their successors shall be elected during the 2009 regular session of the General Assembly; and thereafter future successors shall be elected during each regular session of the General Assembly convening in odd-numbered years. Such members shall be selected so that one member is from the northern part of Georgia and one member is from the southern part. For purposes of this selection the northern part of Georgia shall be that area north of and including Richmond, McDuffie, Warren, Hancock, Baldwin, Jones, Bibb, Crawford, Upson, Talbot, and Muscogee counties; and the southern part shall be that area south of such counties. The chairpersons of the Senate and House committees shall by agreement determine which committee will choose the member from the northern part and which committee will choose the member from the southern part. Such members shall serve from the date of their election until their successors are elected and qualified. (c) For purposes of the appointment of additional members of the commission as provided in this Code section, a list of nominees shall be requested from producers of equines. Initial appointments shall be made for three members for a term of three years each from the effective date of their appointment and until their successors are appointed and qualified and two members for a term of two years each from the effective date of their appointment and until their successors are appointed and qualified. Thereafter, successors shall be appointed for a term of three years each from the effective date of their appointment and until their successors are appointed and qualified. Vacancies shall be filled by appointment in like manner, for the unexpired term, except that vacancies in the office of a member elected by a legislative committee shall be filled for the unexpired term by the legislative committee which made the previous appointment. Any appointive member shall be eligible for reappointment. (d)(1) The members who are state officers shall be compensated as provided by law. Each such member shall be reimbursed by his or her respective department or from the funds of the commission for actual and necessary expenses incurred in the performance of his or her duties. Each such member who is a state officer may designate a representative of his or her department to act for the officer in performing any duties under this article. (2) The two members elected by the agriculture and consumer affairs committees of the General Assembly, as provided by subsection (a) of this Code section, shall be entitled to receive, for attending meetings of the commission, the same expenses and travel allowances which members of the General Assembly receive for attending meetings of legislative interim committees. Such expenses and allowances shall be paid from funds appropriated or otherwise available to the legislative branch of state government. (3) The appointive members of the commission shall receive compensation and reimbursement of expenses as shall be provided by the commission, and such funds THURSDAY, MARCH 23, 2006 4401 shall be payable from the funds of the commission. (e) It shall be the duty of the Commissioner to certify to the Secretary of State the membership of the commission and each change in membership as the same occurs. (f) The commission is authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid, and assist the commission in the performance of its duties. Compensation for such services shall be fixed by the commission and may be paid from the funds of the commission. The Attorney General shall represent the commission in legal matters and shall be the attorney for the commission. If the Attorney General determines that outside legal counsel is necessary or desirable in connection with any legal matter of the commission, he or she shall so inform the commission and, upon approval of the commission, shall employ such outside counsel. Compensation for such outside counsel shall be agreed upon between such counsel and the Attorney General, subject to the approval of the commission. Such compensation shall be paid from the funds of the commission. Neither Code Section 16-10-9 nor any other law shall prohibit or be applicable to the employment of such counsel. (g) Any other provision of this article to the contrary notwithstanding, a member of any federation or organization of producers shall be eligible to be appointed as a member of the commission with respect to any equine produced by such federation or organization or handled by it for its members who produce it. (h) The commission is authorized to accept donations, gifts, grants, revenue derived from the sale of special license plates as may be otherwise provided by law, and other funds or property and to use the same for commission purposes. The commission may exercise the powers and authority conferred by law upon corporations. (i) The two members elected by the agriculture and consumer affairs committees of the General Assembly, as provided by subsection (a) of this Code section, as members of the commission shall be entitled to vote on matters pertaining to the organization of the commission and upon the selection and nomination of the appointive members of the commission. Such two members shall not be entitled to vote upon any matter pertaining to the policy provisions of the commission nor shall they be entitled to vote upon the expenditure of any funds of the commission. (j) The commission shall continue as a public corporation and instrumentality of the State of Georgia until abolished by law. 2-8-125. The commission, with its name annexed thereto, shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, the commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. The commission shall name its chairperson and determine a quorum for the transaction of business. The commission shall assume the duties and exercise the authority provided in this article without further formality than that provided in this article. Each member of each the commission shall be a public officer and shall take an oath of office faithfully to perform his or her duties. Such oath shall 4402 JOURNAL OF THE HOUSE be administered by the Commissioner or some other person qualified to administer oaths. The fact of a member's appointment shall be certified to the Secretary of State, who shall issue the appropriate commission under the seal of his or her office. 2-8-126. The Commissioner is authorized and it shall be his or her duty to receive, collect, and disburse the funds of the commission qualifying and operating under this article. The Commissioner shall disburse funds of the commission only upon the written authorization of the commission. 2-8-127. Funds received by the Commissioner under this article shall be held in trust for the commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom as are other state funds. It is the express intent and purpose of this article to authorize the receipt, collection, and disbursement by the Commissioner of such funds as trust funds of the commission without complying with the requirement applicable to funds collected for the use and benefit of the state. 2-8-128. Any person who handles funds under this article shall be bonded with good and sufficient surety in an amount determined by the Commissioner for the accounting of any and all funds coming into his or her hands. 2-8-129. The members and employees of the commission and the Commissioner shall not be held responsible individually in any way whatsoever to any producer, distributor, or other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member. 2-8-130. The Commissioner and the commission are authorized to confer with and to make any information obtained pursuant to this article available to the duly constituted governmental authorities of this state, of other states, of political subdivisions of this state or other states, and of the United States who, by reason of their duties, have legitimate concern with the subject and to cooperate with all such authorities for the purpose of obtaining administrative uniformity and achieving the objectives of this article. THURSDAY, MARCH 23, 2006 4403 2-8-131. (a) The Commissioner, upon the approval and request of the commission, is authorized to issue, administer, and enforce the provisions of marketing orders. (b)(1) Whenever the Commissioner has reason to believe that the issuance of a marketing order or amendments to an existing marketing order will tend to effectuate the declared policy of this article with respect to any equines, he or she shall, either upon his or her own motion, upon the motion of the commission, or upon the application of any producer, or any organization of such persons, give due notice of and an opportunity for a public hearing upon a proposed marketing order or amendments to an existing marketing order. (2) Notice of any hearing called for such purpose shall be given by the Commissioner or the commission by publishing a notice of such hearing for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspapers as the Commissioner may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. Such notice of hearing shall in all respects comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (3) The hearing shall be public and all testimony shall be received under oath. A full and complete record of the proceedings at such hearing shall be made and maintained on file in the office of the Commissioner or the commission. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing may be conducted by the commission, by a member of the commission, or by the Commissioner, as may be designated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of the commission have been afforded an opportunity to review the hearing record. Where the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of the hearing. 2-8-132. If, upon the basis of the record of testimony and documentary evidence received at the hearing provided for in Code Section 2-8-131 and the facts officially noticed therein, the commission determines that the issuance of a marketing order or an amendment will tend to effectuate the intent and purpose of this article, it may recommend the promulgation of a marketing order containing any one or more of the following provisions, but no others: (1) Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for equine grown in this state or for the prevention, modification, or removal of trade barriers which obstruct the normal flow of equines to market. The commission is authorized to prepare, issue, administer, and enforce plans for promoting the sale of equines, provided that any such plan shall be directed toward promoting and increasing the sale, use, and 4404 JOURNAL OF THE HOUSE utilization of equines without reference to a particular producer or breed; and provided, further, that no advertising or sales promotion program shall be issued by the Commissioner or the commission which makes use of false or unwarranted claims on behalf of any equines or disparages the quality, value, sale, or use of any other agricultural commodity; (2) Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, and improvement of equines or any combination thereof and for the expenditure of moneys for such purposes. In any research carried on under this paragraph, the Commissioner and the commission shall cooperate in selecting the research project or projects to be carried on from time to time. Such projects shall be carried out by postsecondary educational institutions or private organizations selected by the commission; (3) Provisions establishing or providing authority for establishing an educational program designed to acquaint producers or the general public about the equine industry and its associated issues. 2-8-133. (a)(1) Upon the recommendation of not less than three of the appointive members of the commission, the Commissioner or the commission may make effective minor amendments to a marketing order. The Commissioner or the commission may require a public hearing upon minor amendments if in the Commissioner's or the commission's opinion the substance of such minor amendments so warrants. (2) In making effective major amendments to a marketing order, the Commissioner or the commission shall follow the same procedures prescribed in this article for the institution of a marketing order. For the purpose of this article, a major amendment to a marketing order shall include, but shall not be limited to, any amendment which adds to or deletes from any such marketing order any of the following types of regulations or authorizations: (A) Authority for the establishment of plans for advertising and sales promotion of equines; or (B) Authority for carrying out research studies in the production or distribution of equines. (3) Modification of any provisions of any marketing order in effect, for the purpose of clarifying the meaning or application of such provisions or of modifying administrative procedures for carrying out such provisions, are declared not to be a major amendment of such marketing order. (b) Upon the issuance of any order making effective a marketing order or any suspension, amendment, or termination thereof, a notice thereof shall be posted on a public bulletin board maintained at the Department of Agriculture; and a copy of such notice shall be published as the Commissioner or the commission may prescribe. No marketing order nor any suspension, amendment, or termination thereof shall become effective until the termination of a period of five days from the date of such posting and publication. THURSDAY, MARCH 23, 2006 4405 (c) The Commissioner or the commission shall have the power, consistent with this article and in accordance with marketing orders and agreements made effective under this article, to establish such general rules and regulations for uniform application to all marketing orders issued pursuant to this article as may be necessary to facilitate the administration and enforcement of such marketing orders. The provisions of subsection (b) of this Code section relative to posting, publication, and time of taking effect shall be applicable to any such general rule or regulation established pursuant to this subsection and applicable to marketing orders generally. Such notice shall be furnished by the Commissioner or the commission for each marketing order in active operation. (d) Upon the recommendation of the commission, the Commissioner shall have the power, consistent with this article, to establish administrative rules and regulations for each marketing order issued and made effective as may be necessary to facilitate the supervision, administration, and enforcement of each such order. The provisions of subsection (b) of this Code section relative to posting, publication, mailing of notice, and time of taking effect shall be applicable to any such administrative rules and regulations. (e) Unless extended as provided in this Code section, all marketing orders issued under the authority of this article shall expire, terminate, and become of no force and effect at the expiration of three years from the date of the issuance of the original marketing order or, if such marketing order has been extended, at the expiration of three years after the date of any such extension. 2-8-134. Marketing orders issued by the commission may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective, provided that no marketing order shall be issued by the commission unless it embraces all persons of a like class. 2-8-135. (a) In the event that the commission has reason to believe that the administration of a marketing order will be facilitated or the attainment of the purposes and objectives of the marketing order will be promoted thereby, the commission is authorized to borrow money, with or without interest, to carry out any provision of any marketing order authorized by this article and may hypothecate anticipated funds due to the commission as otherwise provided by law and applicable to such respective provisions. (b) In lieu of requiring advance deposits for defraying administrative or advertising and sales promotion expenses until such time as sufficient moneys are collected for such purposes from any funds due to the commission as otherwise provided by law, the Commissioner is authorized to receive and disburse for such purposes contributions made by producers or distributors. Neither the commission nor the Commissioner shall be held responsible for the repayment of such contributions, provided that whenever collections from the payment of any funds due to the commission and credited to the 4406 JOURNAL OF THE HOUSE respective marketing order accounts are sufficient so to warrant, the commission shall recommend and the Commissioner shall repay contributions. (c) Any moneys collected by the commission or the Commissioner pursuant to this article shall be deposited in a bank or other depository approved by the commission and shall be disbursed by the Commissioner only for the necessary expenses incurred by the commission and the Commissioner, as approved by the commission. Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations prescribed by the Commissioner. All such expenditures by the Commissioner shall be audited at least annually by the state auditor and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor, the Commissioner, and the commission. If ever the commission is abolished by law, any funds remaining in its hands at such time shall be used to pay the existing obligations of the commission and the expenses incurred in winding up the affairs of the commission. Any excess remaining shall escheat to the state and shall be paid by the Commissioner into the state treasury as unclaimed trust funds. (d) Moneys deposited by the Commissioner pursuant to this Code section which the commission determines are available for investment may be invested or reinvested by the Commissioner as provided for funds of this state or of any retirement system created by law, provided that all moneys invested shall be invested in those areas of production that will provide a return at the highest bank interest rate available. It shall be the duty of the commission annually to review these investments and determine that such investments comply with this Code section." SECTION 3. (a) This Act shall become effective on January 1, 2007, except as otherwise provided in subsection (b) of this section. (b) If an amendment to the Constitution of the State of Georgia authorizing the dedication of revenue from sales of special license plates to agencies, funds, or nonprofit corporations designated by the General Assembly is not ratified at the general election in 2006, this Act shall be repealed in its entirety on January 1, 2007. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Crawford Y Cummings Davis Y Day Y Hill, C.A Y Holmes Holt Y Horne E Martin Maxwell Y May Y McCall Y Sailor E Scheid E Scott, A E Scott, M THURSDAY, MARCH 23, 2006 4407 Y Barnard Y Barnes Y Bearden Y 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 Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster E Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Houston Y Howard, E 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 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 McClinton Y Meadows Y Millar 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 Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield 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 Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative 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. Representative Hembree of the 67th District, Chairman of the Committee on Higher Education, submitted the following report: Mr. Speaker: Your Committee on Higher Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: 4408 JOURNAL OF THE HOUSE SB 415 Do Pass, by Substitute Respectfully submitted, /s/ Hembree of the 67th 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 202. By Senator Wiles of the 37th: A BILL to be entitled an Act to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to provide for additional grant certification requirements with respect to subrecipients and units of local government; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster E Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Lakly Y Lane, B Y Lane, R Y Lewis E Martin Maxwell Y May McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Y Oliver O'Neal Y Orrock Y Parham Y Parrish Parsons Y Porter Y Powell Ralston Y Randall Y Sailor E Scheid E Scott, A E Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren THURSDAY, MARCH 23, 2006 4409 Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 618. By Senator Moody of the 56th: A BILL to be entitled an Act to amend Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the short title and purpose of the "Quality Basic Education Act," so as to change certain provisions relating to eligibility of enrollment for children in the custody of the Department of Juvenile Justice or the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: E 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 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 Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster E Franklin Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 E Martin Maxwell Y May McCall McClinton Y Meadows Y Millar 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 Sailor E Scheid E Scott, A E Scott, M Y Setzler Y Shaw Y Sheldon Sims, C Y Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson 4410 JOURNAL OF THE HOUSE Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C 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 Marin 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 Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Jones of the 46th moved that the following Bill of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules: SB 569. By Senators Weber of the 40th, Johnson of the 1st and Williams of the 19th: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain local government provisions with respect to newly created municipalities; to revise certain provisions relating to the removal of new municipal corporations from county special districts for the provision of local government services; to provide for the offer of sale to a newly created municipality of county property used for parks and recreation purposes within the geographical boundaries of the new municipality; to provide for additional limitations and requirements in the event a new municipality is created in a county subsequent to a referendum in which bonded indebtedness is approved; 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: E Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Y Barnes Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Martin Maxwell Y May McCall McClinton Y Meadows Y Sailor E Scheid E Scott, A E Scott, M Y Setzler Y Shaw THURSDAY, MARCH 23, 2006 4411 Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster E 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 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 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 Marin Y Millar Y Mills Y Mitchell Y Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver O'Neal 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 Y Sheldon Sims, C Y Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 151, nays 0. The motion prevailed. 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 145. By Senators Grant of the 25th, Butler of the 55th and Staton of the 18th: A BILL to be entitled an Act to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to define certain terms; to provide for a certificate of registration for hair braiders and hair designers; to provide for qualifications; to provide for application and fees; to provide for reciprocity; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: 4412 JOURNAL OF THE HOUSE A BILL To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to define certain terms; to change certain provisions relating to the Board of Cosmetology; to provide for a certificate of registration for hair braiders and hair designers; to provide for qualifications; to provide for application and fees; to change certain provisions relating to examination fees for application for certificate of registration; to provide for reciprocity; to provide for teaching requirements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by striking in its entirety Code Section 43-10-1, relating to definitions, and inserting in lieu thereof the following: "43-10-1. As used in this chapter, the term: (1) 'Beautician' means 'cosmetologist' as such term is defined in this Code section. (2) 'Beauty shop' or 'beauty salon' means any premises where one or more persons engage in the occupation of cosmetology. (3) 'Board' means the State Board of Cosmetology. (4) 'Cosmetologist' means any person who performs any one or more of the following services for compensation: (A) Cuts or dresses the hair; (B) Gives facial or scalp massage or facial and scalp treatment with oils or creams and other preparations made for this purpose, either by hand or mechanical appliance; (C) Singes and shampoos the hair, dyes the hair, or does permanent waving of the hair; (D) Braids the hair by hair weaving; interlocking; twisting; plaiting; wrapping by hand, chemical, or mechanical devices; or using any natural or synthetic fiber for extensions to the hair; (E) Performs nail care, pedicure, or manicuring services as defined in paragraph(6) of this Code section; or (F) Performs the services of an esthetician as defined in paragraph (5) of this Code section. Such person shall be considered as practicing the occupation of a cosmetologist within the meaning of this Code section. (5) 'Esthetician' or 'esthetics operator' means a person who, for compensation, engages in any one or a combination of the following practices, esthetics, or cosmetic skin care: THURSDAY, MARCH 23, 2006 4413 (A) Massaging the face or neck of a person; (B) Trimming eyebrows; (C) Dyeing eyelashes or eyebrows; or (D) Waxing, stimulating, cleansing, or beautifying the face, neck, arms, or legs of a person by any method with the aid of the hands or any mechanical or electrical apparatus or by the use of a cosmetic preparation. Such practices of esthetics shall not include the diagnosis, treatment, or therapy of any dermatological condition. (6) 'Hair braider' means any person who performs for compensation tensioning hair strands or roots by braiding; hair weaving; interlocking; twisting; plaiting; wrapping by hand, chemical, or mechanical devices; or using any natural or synthetic fiber for extensions to the hair; provided, however, that such services shall not include hair cutting or the application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair. (7) 'Hair designer' means any person who performs any one or more of the following services for compensation: (A) Cuts or dresses the hair; (B) Singes and shampoos the hair, dyes the hair, or does permanent waving of the hair; or (C) Braids the hair by hair weaving; interlocking; twisting; plaiting; wrapping by hand, chemical, or mechanical devices; or using any natural or synthetic fiber for extensions to the hair. (6)(8) 'Master cosmetologist' means a cosmetologist who is possessed of the requisite skill and knowledge to perform properly all the services mentioned in paragraph (4) of this Code section for compensation. (7)(9) 'Nail technician' means a person who, for compensation, trims, files, shapes, decorates, applies sculptured or otherwise artificial nails, or in any way cares for the nails of another person. (8)(10) 'School of cosmetology' means any establishment that receives compensation for training more than one person in the occupation of cosmetology as defined in paragraph (4) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of cosmetology' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (9)(11) 'School of esthetics' means any establishment that receives compensation for training more than one person in the occupation of esthetics as defined in paragraph (5) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of esthetics' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (12) 'School of hair braiding' means any establishment that receives compensation for training more than one person in the occupation of hair braiding as defined in 4414 JOURNAL OF THE HOUSE paragraph (6) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not schools of hair braiding within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (13) 'School of hair design' means any establishment that receives compensation for training more than one person in the occupation of hair design as defined in paragraph (7) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not schools of hair design within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (10)(14) 'School of nail care' means any establishment that receives compensation for training more than one person in the occupation of nail care or manicuring as defined in paragraph (6) (9) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of nail care' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.'" SECTION 2. Said chapter is further amended by striking subsection (c) of Code Section 43-10-2, relating to creation of the Board of Cosmetology, and inserting in lieu thereof the following: "(c) The board shall meet as necessary each year for the purpose of holding examinations, adopting rules and regulations, and handling other matters pertaining to duties of the board. Board members may attend and observe all written and practical examinations held for certificates of registration pursuant to this chapter." SECTION 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-10-6, relating to rules and regulations as to sanitary requirements, inspections, and unsanitary condition as a nuisance, and inserting in lieu thereof the following: "(a) The board is authorized to adopt reasonable rules and regulations prescribing the sanitary requirements of beauty shops, beauty salons, schools of cosmetology, schools of esthetics, schools of hair braiding, schools of hair design, and schools of nail care, subject to the approval of the Department of Human Resources, to cause the rules and regulations or any subsequent revisions to be in suitable form, and to transmit a copy thereof to the proprietor of each beauty shop, beauty salon, school of cosmetology, school of esthetics, school of hair braiding, school of hair design, or school of nail care. It shall be the duty of every proprietor or person operating a beauty shop, salon, school of cosmetology, school of esthetics, school of hair braiding, school of hair design, and school of nail care in this state to keep a copy of such rules and regulations posted in a THURSDAY, MARCH 23, 2006 4415 conspicuous place in his or her business, so as to be easily read by his or her customers." SECTION 4. Said chapter is further amended by striking in its entirety Code Section 43-10-8, relating to a requirement for a certificate of registration, and inserting in lieu thereof the following: "43-10-8. (a) It shall be unlawful for any person to pursue the occupation of cosmetology in this state unless he or she has first completed the required hours for and obtained the appropriate certificate of registration as provided in this chapter. (b) It shall be unlawful for any person to hold himself or herself out as a master cosmetologist, hair braider, or hair designer without having first obtained the certificate of registration for such. Such person shall be authorized to perform all the services mentioned in paragraph (4) of Code Section 43-10-1. Nothing in this chapter shall prohibit any person who holds a valid master cosmetologist license in this state on March 29, 1983, from practicing at the master cosmetologist level as defined in paragraph (4) of Code Section 43-10-1. (c)(1) Notwithstanding any other provisions of this chapter, any person desiring to perform solely hair braiding services shall be allowed to obtain a certificate of registration at the hair braiding level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (6) of Code Section 43-10-1. (2) Notwithstanding the provisions of paragraph (1) of this subsection, any person residing in the state who is actively practicing hair braiding in this state on July 1, 2006, shall, upon application made before July 1, 2007, be issued a license as a hair braider without meeting any other requirements for such licensure upon documentation, to the satisfaction of the board, that the applicant meets the requirements of this exemption. Persons who are issued a license pursuant to this exemption must comply with all requirements for license renewal. Persons who are exempt from licensure as a hair braider under this Code section shall not be exempt from licensure required for other professions or facilities under the provisions of this chapter including, but not limited to, licensure for cosmetology shops and salons. (d) Notwithstanding any other provisions of this chapter, any person desiring to perform solely hair design services shall be allowed to obtain a certificate of registration at the hair design level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (7) of Code Section 43-10-1. (c)(e) Notwithstanding any other provisions of this chapter, any person desiring to perform solely cosmetic skin care services shall be allowed to obtain a certificate of registration at the esthetician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (5) of Code Section 43-10-1. 4416 JOURNAL OF THE HOUSE (d)(f)(1) Notwithstanding any other provisions of this chapter, any person desiring to perform solely cosmetic nail care services shall be allowed to obtain a certificate of registration at the nail technician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (6) of Code Section 43-10-1. (2) Notwithstanding any other provisions of this chapter, any person who has actively engaged in the practice of cosmetology, hair braiding, hair design, esthetics, or nail care on a military installation in Georgia for three years prior to July 1, 1985, shall be eligible to receive a certificate of registration at the cosmetology, hair braiding, hair design, esthetics, or nail care level upon proper proof of experience, application, and appropriate fee being submitted to the board on or before September 1, 1985. (e)(g) It shall also be unlawful for any person or persons to operate a beauty shop, beauty salon, hair braiding salon, hair design salon, school of cosmetology, school of hair braiding, school of hair design, school of esthetics, or school of nail care without first having obtained a certificate of registration for such shop, salon, or school as provided in this chapter. Any beauty shop, salon, or school shall register with the division director of the professional licensing boards prior to opening. (f)(h) This chapter shall have uniform application throughout the state so that no cosmetologist, hair braider, hair designer, beauty shop, school of cosmetology, school of hair braiding, school of hair design, school of esthetics, or school of nail care shall be exempt from regulation." SECTION 5. Said chapter is further amended by striking in its entirety Code Section 43-10-9, relating to applications for certificates of registration, examination, and reciprocity, and inserting in lieu thereof the following: "43-10-9. (a) Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of cosmetology shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,500 credit hour study course with at least nine months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 3,000 credit hours; has practiced or studied the occupation of cosmetology; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (4) of Code Section 43-10-1, and in all the duties and services incident thereto; has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented himself or herself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination and THURSDAY, MARCH 23, 2006 4417 has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of master cosmetologist. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (b) Should an applicant under this Code section fail to pass the written or the practical examination, the board shall furnish the applicant a statement in writing, stating wherein the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this Code section, provided they again pay the required examination fee. (c) An approved applicant for examination under this Code section may be issued a work permit authorizing said applicant to practice such occupation until the release of the results of the written and the practical examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination. (d) Should an applicant have a current cosmetology license in force from another state or country, or territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid to the division director a fee in such amount as shall be set by the board by regulation and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level, entitling the applicant to practice the occupation of cosmetology or the teaching of cosmetology at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice cosmetology outside of this state and who desires to obtain a license or certificate at a level authorized under this Code section to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (e)(1) Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of hair braiding shall make application through the division director and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed 100 credit hour study course with at least two months at a board approved school or has served as an apprentice in a beauty shop, beauty salon, or hair braiding salon for a period of at least 200 credit 4418 JOURNAL OF THE HOUSE hours; has practiced or studied the occupation of hair braiding; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (6) of Code Section 43-10-1, and in all the duties and services incident thereto; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of hair braiding. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2006. (2) Should an applicant under this subsection fail to pass the written or the practical examination, the board shall furnish the applicant a statement in writing, stating in what manner the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this subsection, provided they again pay the required examination fee. (3) An approved applicant for examination under this subsection may be issued a work permit authorizing him or her to practice such occupation until the release of the results of the written and the practical examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination. (4) Should an applicant have a current hair braider license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of hair braider or the teaching of hair braiding at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice hair braiding outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (f)(1) Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of hair design shall make application through the division director and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good THURSDAY, MARCH 23, 2006 4419 moral character; has completed a 1,325 credit hour study course with at least seven months at a board approved school or has served as an apprentice in a beauty shop, beauty salon, or hair design salon for a period of at least 2,650 credit hours; has practiced or studied the occupation of hair design; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (7) of Code Section 43-10-1, and in all the duties and services incident thereto; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of hair design. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2006. (2) Should an applicant under this subsection fail to pass the written or the practical examination, the board shall furnish the applicant a statement in writing, stating in what manner the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this subsection, provided they again pay the required examination fee. (3) An approved applicant for examination under this subsection may be issued a work permit authorizing said applicant to practice such occupation until the release of the results of the written and the practical examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination. (4) Should an applicant have a current hair design license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of hair design or the teaching of hair design at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice hair design outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (e)(g)(1) Any person desiring to obtain a certificate of registration at the esthetician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has obtained a high school 4420 JOURNAL OF THE HOUSE diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,000 credit hour study course of at least nine months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 2,000 credit hours; has practiced or studied cosmetic skin care as defined in paragraph (5) of Code Section 43-10-1; is possessed of the requisite skill to perform properly these services; has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented himself or herself at the next meeting of the board for examination of applicants at which such person is scheduled for examination and has passed a written and a practical examination approved by the board, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the esthetician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (2) Should an applicant have a current esthetician license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of esthetician or the teaching of esthetics at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice esthetics outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (f)(h)(1) Any person desiring to obtain a certificate of registration at the nail technician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 525 credit hour study course of at least four months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 1,050 credit hours; has practiced or studied nail care; is possessed of the requisite skill to perform THURSDAY, MARCH 23, 2006 4421 properly these services; has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented himself or herself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the nail technician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (2) Should an applicant have a current nail technician license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of nail technician or the teaching of nail care at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice nail care outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (g)(i) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration for the occupation of cosmetology at the master level, the hair braiding level, the hair design level, the esthetician level, or the nail technician level if such person obtains his or her credit hour study at a State Board of Education approved school or a technical college under the jurisdiction of the Department of Technical and Adult Education or the Department of Education rather than at a board approved school. (h)(j) A person licensed to practice barbering under Chapter 7 of this title shall be eligible to take the master cosmetologist examination provided for in this Code section if that person completes a board approved 250 hour prescribed course in an approved cosmetology school, submits a completed application, and pays the proper fees established by the board. (k) Board members may attend and observe all written and practical examinations held for certificates of registration pursuant to this Code section." SECTION 6. Said chapter is further amended by striking in its entirety subsection (g) of Code Section 4422 JOURNAL OF THE HOUSE 43-10-10, relating to display of certificate of registration, renewal, reinstatement, continuing education requirements, and exemptions, and inserting in lieu thereof the following: "(g) Courses in cosmetology, hair braiding, hair design, nail technology, esthetics, computers, business, or health and safety issues offered by schools under the jurisdiction of the Board of Regents of the University System of Georgia, the Department of Technical and Adult Education, the Department of Education, or any accredited postsecondary institution shall satisfy the continuing education requirement without a request to the board for approval or registration." SECTION 7. Said chapter is further amended by striking in its entirety Code Section 43-10-11, relating to registration of shops, salons, and schools, and inserting in lieu thereof the following: "43-10-11. All beauty shops, salons, schools of cosmetology, schools of hair braiding, schools of hair design, schools of esthetics, and schools of nail care shall be registered with the division director by the owner or manager. Such registration shall be made by the filing of an application on forms furnished by the division director; shall include the name and location of the beauty shop, salon, or school, the name and address of the owner, and the names and addresses of all instructors of the shop, salon, or school at the time of registration; and shall be accompanied by a registration fee in such amount as shall be set by the board by regulation. The board is authorized and directed to issue a certificate of registration to each shop, salon, or school so registering and paying such fee, which certificate shall be displayed in a conspicuous place in the registered shop, salon, or school." SECTION 8. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 43-10-12, relating to regulation and permits for schools and teachers and instructors, and inserting in lieu thereof the following: "(e)(1) All teachers or instructors shall devote their entire time to instruction of students. Any person desiring to teach or instruct in any school of cosmetology, school of esthetics, or school of nail care shall first file his or her application with the division director for a license, shall pay a fee in such amount as shall be set by the board by regulation, and shall successfully pass both a written and a practical examination to become an instructor. (2)(A) A person desiring to teach at the master level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the master level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 1,500 750 hours of instructor training in cosmetology at a board approved school; and THURSDAY, MARCH 23, 2006 4423 (iii) Has one year of work experience at the master level. (B) A person holding a current cosmetology license at the master level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examination to become an instructor at the master level. (3)(A) A person desiring to teach at the esthetician level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the esthetician or master level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 1,000 500 hours of board approved instructor training in esthetics of at least nine months; (iii) Has one year of work experience at the esthetician or master level; and (iv) Has passed both a written and a practical examination to become an instructor in esthetics. (B) A person holding a current cosmetology license at the esthetician or master level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examination to become an instructor at the esthetician level. (4)(A) A person desiring to teach at the nail technician level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the nail technician or master level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 525 250 hours of board approved instructor training in nail care of at least four months; (iii) Has one year of work experience at the nail technician or master level; and (iv) Has passed both a written and a practical examination to become an instructor in nail care. (B) A person holding a current cosmetology license at the nail technician or master level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examination to become an instructor at the nail technician level. (5)(A) A person desiring to teach at the hair braider level shall satisfy the board that he or she: 4424 JOURNAL OF THE HOUSE (i) Holds a current cosmetology license at the hair braider or master level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 250 hours of board approved instructor training in hair braiding of at least four months; (iii) Has one year of work experience at the hair braider or master level; and (iv) Has passed both a written and a practical examination to become an instructor in hair braiding. (B) A person holding a current cosmetology license at the hair braider or master level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examinations to become an instructor at the hair braider level. (6)(A) A person desiring to teach at the hair designer level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the hair designer or master level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 750 hours of board approved instructor training in hair design of at least four months; (iii) Has one year of work experience at the hair designer or master level; and (iv) Has passed both a written and a practical examination to become an instructor in hair design. (B) A person holding a current cosmetology license at the hair designer or master level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examinations to become an instructor at the hair designer level. (5)(7) Any teacher or instructor shall renew his or her license to teach cosmetology biennially in odd years by remitting with his or her application a renewal fee in such amount as shall be set by the board by regulation; provided, however, any teacher or instructor who fails to renew his or her certificate of registration to practice as a cosmetologist, esthetician, or nail technician on or before the date established by the board by regulation shall automatically have his or her license to teach or instruct revoked suspended. A person failing to renew his or her instructor's license within two years after expiration shall be required to qualify under this chapter for both a written and a practical examination for an instructor's license pay a reinstatement fee after board review. THURSDAY, MARCH 23, 2006 4425 (6)(8) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration as teacher or instructor who is certified by the Department of Education to teach cosmetology in the state public schools. The certification is limited to those persons who hold a current cosmetology license at the master level and also hold a diploma or certificate of 1,500 credit hours from a board approved school and have completed the three-year teachers training program required by the Department of Education. Such persons shall also pass both a written and a practical examination satisfactory to the board and, upon passage thereof, shall receive a license to teach cosmetology." SECTION 9. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-10-13, relating to the right to set course of study for students and application for examination, and inserting in lieu thereof the following: "(a) The board shall have the right to set a course of study for all students of the schools of cosmetology, schools of hair braiding, schools of hair design, schools of esthetics, and schools of nail care within this state." SECTION 10. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-10-14, relating to study by persons 17 years of age and older, registration of students and apprentices, and registration certificate, and inserting in lieu thereof the following: "(a) Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of cosmetology under a master cosmetologist, provided that such cosmetologist has had at least 36 months experience and has held a certificate of a master cosmetologist for at least 36 months. In addition, nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of cosmetology under an instructor in a school of cosmetology who has been a cosmetologist for a period of at least one year and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of hair braiding under a cosmetologist holding a master cosmetologist certificate or a hair braiding certificate, provided that such cosmetologist has had at least 36 months experience, or under an instructor in a school of cosmetology or school of hair braiding who has held a certificate as a cosmetologist for a period of at least one year, is qualified to teach said practices, and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of hair designer under a cosmetologist holding a master cosmetologist certificate or a hair design certificate, provided that such cosmetologist has had at least 36 months experience, or under an instructor in a school of cosmetology or school of hair design who has held a certificate as a cosmetologist for a period of at least one year, is qualified to teach said practices, and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of esthetics under a cosmetologist holding a master cosmetologist certificate 4426 JOURNAL OF THE HOUSE or an esthetician certificate, provided that such cosmetologist has had at least 36 months experience, or under an instructor in a school of cosmetology or school of esthetics who has held a certificate as a cosmetologist for a period of at least one year, is qualified to teach said practices, and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of nail care or manicuring under a cosmetologist holding a master cosmetologist certificate or a nail technician certificate, provided that such cosmetologist has had at least 36 months experience, or under an instructor in a school of cosmetology or school of nail care who has been a licensed cosmetologist for a period of at least one year, is qualified to teach said practices, and has registered under this chapter. Any person registered as an apprentice under this Code section on June 30, 1997, shall be eligible to continue such apprenticeship under the person from whom that apprentice was learning the occupation of cosmetology, hair braiding, hair design, esthetics, or nail care or manicuring at the time of registration notwithstanding that the person under whom the apprentice was learning such occupation does not meet the 36 months experience otherwise required by this Code section. Every shop owner shall have the responsibility for registering apprentices with the division director. The shop owner shall file a statement in writing, showing the apprentice's name and the address of the shop. The board shall have the authority to require the shop owner to furnish to the board the number of hours completed by the apprentice. The shop owner shall remit to the division director a fee in such amount as shall be set by the board by regulation for the registration of the apprentice. The apprentice shall receive a certificate of registration showing the capacity in which he or she is permitted to practice cosmetology. The certificate of registration shall be effective for a period of two years and may be renewed at the end of such period upon the filing of an application on forms furnished by the division director and the payment of a renewal fee in such amount as shall be set by the board by regulation. A certificate of registration authorizing a person to learn the occupation of cosmetology under a cosmetologist shall not be renewed more than one time; and, upon the expiration of the last certificate of registration issued, such person shall not be permitted to practice in any capacity." SECTION 11. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-10-19, relating to a penalty, and inserting in lieu thereof the following: "(a) If any person not lawfully entitled to a certificate of registration under this chapter shall practice the occupation of a cosmetologist; or if any such person shall endeavor to learn the trade of a cosmetologist by practicing the same under the instructions of a cosmetologist or other person, other than as provided in this chapter; or if any such person shall instruct or attempt to instruct any person in such trade; or if any proprietor of or person in control of or operating any beauty shop, school of cosmetology, school of hair braiding, school of hair design, school of esthetics, or school of nail care shall knowingly employ for the purpose of practicing such occupation any cosmetologist not registered under this chapter; or if any person, beauty shop, salon, or school shall THURSDAY, MARCH 23, 2006 4427 engage in any of the acts covered in this chapter though not registered under the provisions of this chapter; or if any person shall falsely or fraudulently pretend to be qualified under this chapter to practice or learn such trade or occupation; or if any person shall violate any provision of the chapter for which a penalty is not specifically provided, he or she shall be guilty of a misdemeanor." SECTION 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. The following amendments were read and adopted: Representatives Houston of the 170th, Jamieson of the 28th, and Hudson of the 124th move to amend the Committee substitute to SB 145 by striking line 18 of page 1 and inserting in lieu thereof the following: (3) 'Board' means the State Board of Cosmetology Board of Human Resources under Code Section 49-1-1. By striking lines 2 through 7 of page 4 and inserting in lieu thereof the following: SECTION 2. Said chapter is further amended by striking Code Section 43-10-2, relating to the creation of the Board of Cosmetology, and inserting in lieu thereof the following: "43-10-2. (a) There is created the State Board of Cosmetology. The board shall consist of nine members who shall be residents of this state. The board shall have the duty of carrying out and enforcing this chapter. (b) Members of the board shall be at least 25 years of age and have obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree; and five of such members must have had at least five years of practical experience in the practice of cosmetology at the master level, a portion of which must have been as a beauty salon owner or manager. One member of the board must have had at least five years of practical experience in the practice of cosmetology at the esthetician level. One member of the board must have had at least five years of practical experience as a manicurist. (c) The board shall meet as necessary each year for the purpose of holding examinations, adopting rules and regulations, and handling other matters pertaining to duties of the board. Board members may attend and observe all written and practical examinations held for certificates of registration pursuant to this chapter. 4428 JOURNAL OF THE HOUSE (d)(b) No member of the board shall be affiliated with any school of cosmetology. Two members shall not have any connection with the practice or business of cosmetology whatsoever but shall have a recognized interest in consumer affairs and in consumer protection concerns. No member of the board shall be affiliated or connected in any manner with any manufacturer or wholesale or jobbing house dealing with supplies sold to practitioners of cosmetology while in office. (e)(c) Board members shall be appointed by the Governor for a term of three years and until their successors are appointed and qualified. Vacancies shall be filled by the Governor for the unexpired portion of the term. The board may do all things necessary for carrying this chapter into effect and may, from time to time, promulgate necessary rules and regulations compatible with this chapter. The Governor may remove any board member for cause as provided in Code Section 43-1-17. (f) Each year the members shall elect a chairman from among themselves. In the event the members cannot agree as to who shall be chairman, the Governor shall appoint one of such members as chairman. The chairman so elected or appointed shall be eligible to succeed himself or herself. The members of the board shall be considered public officers and shall take the oath required thereof. (g)(d) The board shall adopt a seal to be used to authenticate all its official papers and acts and shall have power to subpoena witnesses, administer oaths, and hear and take testimony in any matter over which it may have jurisdiction." Representative Sinkfield of the 60 et al. move to amend the Committee substitute to SB 145 by striking "hair braiders and" on line 3 of page 1. By striking lines 1 through 9 of page 2 and inserting in lieu thereof the following: (D) Braids the hair by hairweaving; interlocking; twisting; plaiting; wrapping by hand, chemical, or mechanical devices; or using any natural or synthetic fiber for extensions to the hair; (E)(D) Performs nail care, pedicure, or manicuring services as defined in paragraph (6)(9) of this Code section; or (F)(E) Performs the services of an esthetician as defined in paragraph (5) of this Code section. Such person shall be considered as practicing the occupation of a cosmetologist within the meaning of this Code section; provided, however, that such term shall not mean a person who only braids the hair by hairweaving; interlocking; twisting; plaiting; wrapping by hand, chemical, or mechanical devices; or using any natural or synthetic fiber for extensions to the hair, and no such person shall be subject to the provisions of this chapter. By striking line 20 through 33 of page 2 and inserting in lieu thereof the following: (6) Reserved. (7) 'Hair designer' means any person who performs any one or more of the following services for compensation: (A) Cuts or dresses the hair; or (B) Singes and shampoos the hair or dyes the hair. THURSDAY, MARCH 23, 2006 4429 By striking lines 17 through 23 of page 3 and inserting in lieu thereof the following: (12) Reserved. By striking "schools of hair braiding," on line 14 of page 4. By striking "school of hair braiding," on lines 18 and 20 of page 4. By striking line 31 of page 4 and inserting in lieu thereof the following: cosmetologist or hair designer without having first obtained the certificate of By striking lines 3 through 17 of page 5 and inserting in lieu thereof the following: (c) Reserved. By striking "hair braiding," on lines 34 and 36 of page 5. By striking lines 4 and 5 of page 6 and inserting in lieu thereof the following: salon, hair design salon, school of cosmetology, school of hair design, school of esthetics, or school of nail care without first By striking lines 10 and 11 of page 6 and inserting in lieu thereof the following: cosmetologist, hair designer, beauty shop, school of cosmetology, school of hair design, school of esthetics, or school of nail care shall be By striking lines 31 through 37 of page 7, lines 1 through 36 of page 8, and lines 1 and 2 of page 9 and inserting in lieu thereof the following: (e) Reserved. By striking "the hair braiding level," on line 8 of page 12. By striking "hair braiding," on line 24 of page 12. By striking "schools of hair braiding," on line 34 of page 12. By striking lines 30 through 37 of page 14 and lines 1 through 9 of page 15 and inserting in lieu thereof the following: (5) Reserved. By striking "schools of hair braiding," on line 13 of page 16. By striking lines 25 through 31 of page 16 and inserting in lieu thereof the following: one year and has registered under this chapter. Nothing in this chapter shall prohibit any person at least By striking "hair braiding," on line 16 of page 17. By striking lines 6 and 7 of page 18 and inserting in lieu thereof the following: person in control of or operating any beauty shop, school of cosmetology, school of hair design, school of esthetics, or school of nail care shall knowingly Representative Martin of the 47th moves to amend the Committee substitute to SB 145 by inserting following "requirements;" on line 6 of page 1 the following: to provide that shampoo assistants shall be authorized to comb and brush hair; By inserting at the end of line 9 of page 2 the following: Such term shall not apply to a person whose activities are limited to the application of cosmetics which are marketed to individuals and are readily commercially available to consumers. By inserting at the end of line 19 of page 2 the following: 4430 JOURNAL OF THE HOUSE Such term shall not apply to a person whose activities are limited to the application of cosmetics which are marketed to individuals and are readily commercially available to consumers. By renumbering Sections 11, 12, and 13 as Sections 12, 13, and 14, respectively. By inserting immediately following line 32 of page 17 the following: SECTION 11. Said chapter is further amended by striking in its entirety Code Section 43-10-17, relating to employment of persons to wash and shampoo hair in beauty shops or salons, and inserting in lieu thereof the following: "43-10-17. Notwithstanding any other provision of this chapter, a beauty shop or salon shall be authorized to employ persons to wash, and shampoo, comb, and brush hair, and such persons shall not be required to be registered by the board." The following amendment was read and withdrawn: Representative Houston of the 170th et al. move to amend the Committee substitute to SB 145 by deleting the quotation mark on line 12 of page 6 and inserting between lines 12 and 13 of page 6 the following: (i) No person shall apply for or receive any certification, license, or permit authorized under this chapter unless such person shall be lawfully residing in the United States; nor shall any holder of a certificate, license, or permit issued pursuant to this chapter employ any person who is not lawfully present in the United States." The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam Amerson Y Anderson Y Ashe Y Barnard Barnes N Bearden Beasley-Teague Y Benfield Crawford Y Cummings N Davis Y Day Y Dean Y Dickson Y Dodson Dollar Drenner Y Hill, C.A Y Holmes Y Holt N Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Martin N Maxwell N May Y McCall McClinton Y Meadows Y Millar N Mills Y Mitchell Y Sailor E Scheid E Scott, A N Scott, M N Setzler Y Shaw N Sheldon Y Sims, C Y Sims, F THURSDAY, MARCH 23, 2006 4431 N Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter N Burmeister N Burns Butler N Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas N Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper N Cox Y Dukes Ehrhart N England Y Epps Y Everson N Fleming Y Floyd, H Y Floyd, J Y Fludd Forster E Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D N Graves, T E Greene Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Keen N 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 N Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Morgan Y 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 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 Rynders 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 Y Thomas, B N Tumlin N Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 128, nays 26. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. The Speaker assumed the Chair. SB 515. By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Starr of the 44th and Thomas of the 54th: A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs under the "Quality Basic Education Act," so as to expand the grades of eligibility for the remedial education program; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL 4432 JOURNAL OF THE HOUSE To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to change certain provisions relating to the remedial education program; to change certain provisions relating to determination of enrollment by institutional program and determination of funds to be appropriated; to change certain provisions relating to equalization grants; to revise definitions relating to capital outlay funds generally for purposes of conformity; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended by striking subsection (a) of Code Section 20-2-154, relating to the remedial education program, and inserting in lieu thereof the following: "(a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who are also eligible under the criteria specified in this Code section shall be provided, in accordance with policies adopted by the State Board of Education, the remedial education program services needed to address their respective reading, mathematics, or writing deficiencies. The following students shall be eligible for remedial education services: (1) Students in grades nine six through 12 may be eligible for services if they meet two or more of the following criteria: (A) The student has been through the formal student support team process and has documented evidence to support the placement in remedial education; (B) The student has been retained in the grade; (C) The student is receiving services under Part A of Chapter 1 of Title 1 of the Elementary and Secondary Education Act of 1965, as amended by the Improving America's Schools Act of 1994 (Public Law 103-382); (D) The student has been recommended by the teacher who has documented any of the following student information: (i) Low performance in the reading series system; (ii) Low performance in the mathematics series; or (iii) The student is unable to verbally express ideas and cannot write or dictate a meaningful sentence; or (E) Current test information in the student file indicates the student has a score at or below the twenty-fifth percentile; and (2) Students in grades nine six through 12 who are receiving services under the special education program as authorized by Code Section 20-2-152 and whose Individualized Education Programs (IEPs) specify that they meet the eligibility requirements specified in paragraph (1) of this subsection and that their special education program is not designed to address their respective reading, mathematics, or writing deficiencies. THURSDAY, MARCH 23, 2006 4433 No more than 25 percent of the full-time equivalent population in eligible grades as specified in paragraphs (1) and (2) of this subsection shall be eligible for the remedial program; provided, however, that the State Board of Education may develop regulations whereby a higher percentage may be eligible if the percentage of students receiving free and reduced price lunches exceeds 50 percent." SECTION 2. Said article is further amended by striking Code Section 20-2-160, relating to determination of enrollment by institutional program and determination of funds to be appropriated, and inserting in lieu thereof the following: "20-2-160. (a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the students specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; a course taken through the Georgia Virtual School pursuant to Code Section 20-2-319.1; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in an eligible institution under the program established in Code Section 20-2-161.1 may be counted for the high school program for only that portion of the day that the student is attending the high school for those segments that are eligible to be counted under this subsection. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish 4434 JOURNAL OF THE HOUSE criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date. (b) The full-time equivalent (FTE) program count for each local school system shall be obtained in the following manner: (1) Count the number of one-sixth segments of the school day for which each student is enrolled in each program authorized under Code Section 20-2-161; and (2) Divide the total number of segments counted for each program by six. The result is the full-time equivalent program count for each respective state recognized program. (c) For the purpose of initially determining the amount of funds to be appropriated to finance each respective program for the ensuing fiscal year, a projection of the second full-time equivalent program count shall be calculated as follows: (1) Divide the first total full-time equivalent count for the current fiscal year by the first total full-time equivalent count for the immediately preceding fiscal year; (2) Multiply the quotient obtained in paragraph (1) of this subsection by the second total full-time equivalent count for the immediately preceding fiscal year. The result shall be the projected second total full-time equivalent count for the current fiscal year; (3) Divide the average of the local school system's two most recent full-time equivalent program counts by the average of the two most recent total full-time equivalent counts; and (4) Multiply the quotient obtained in paragraph (3) of this subsection by the product obtained in paragraph (2) of this subsection. The result shall be the projected second full-time equivalent program count for the current fiscal year. (d) The average of the first full-time equivalent program count, weighted two parts, and the projected second full-time equivalent program count, weighted one part, shall be used to initially determine the funds needed to finance the program for the ensuing fiscal year. (e) For purposes of calculating allotments for a new or revised instructional program the instructional programs identified in paragraphs (2), (4), (6), (8), and (19) of subsection (b) of Code Section 20-2-161, for which the full-time equivalent program counts provided for in subsections (a) through (d) of this Code section do not exist, the most recent full-time equivalent program count shall be used until such time as the fulltime equivalent program counts provided for in subsections (a) through (d) of this Code section do exist. (f) The allotments for the alternative education program shall be calculated as provided in subsection (h) of Code Section 20-2-154.1." SECTION 3. THURSDAY, MARCH 23, 2006 4435 Said article is further amended by striking Code Section 20-2-165, relating to equalization grants, and inserting in lieu thereof the following: "20-2-165. (a) As used in this Code section, the term: (1) 'Assessed valuation' is defined as 40 percent of the equalized adjusted property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164. (2) 'Assessed valuation per weighted full-time equivalent count' is defined as the assessed valuation for the most recent year available divided by the weighted full-time equivalent count for the year of the digest. (3) 'Average weighted full-time equivalent count' is defined as the first count of a fiscal year weighted two parts and the second count weighted one part. (4)(3) 'Effective millage rate' is defined as local tax revenues divided by the assessed valuation and multiplied by 1,000; provided, however, that if the amount of local tax revenues is subsequently adjusted as a result of an audit of a local school system's annual financial report, the increase or decrease in local tax revenues resulting from the audit shall cause an adjustment to be made in the effective millage rate that was calculated initially. Any net change in the amount of equalization dollars earned as a result of such adjustment shall be applied to the amount of the local school system's equalization grant in a subsequent fiscal year. (5)(4) 'Eligible full-time equivalent program count' is defined as the sum of the fulltime equivalent resident student count and full-time equivalent nonresident student count pursuant to subsection (b) (d) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each local school system's total full-time equivalent nonresident student count for all programs except handicapped programs for persons with disabilities shall not exceed the lesser of the count for fiscal year 2000 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoining system under court order. (6)(5) 'Equalized adjusted property tax digest' is defined as the most recent equalized adjusted property tax digest furnished to the State Board of Education pursuant to paragraph (1) of subsection (c) of Code Section 20-2-164. (7)(6) 'Guaranteed valuation school system' is defined as the local school system ranking at the seventy-fifth percentile in dollars of assessed valuation per weighted full-time equivalent count, where the ranking of school systems is such that the onehundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent count. For the purpose of determining the assessed valuation per weighted full-time equivalent count of the guaranteed valuation school system only, a reduction of the assessed valuation for exemptions authorized by Code Sections 48-5-44 and 48-5-48 shall be calculated whether such exemptions are granted or not granted by the guaranteed valuation school system. 4436 JOURNAL OF THE HOUSE (8)(7) 'Local tax revenues' is defined as the sum of tax revenues for a local school system as furnished to the Department of Education by the school system in its annual financial report, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data are available and increased by any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds. (9)(8) 'Most recent average weighted full-time equivalent count' is defined as the average of the two most recent weighted full-time equivalent counts count derived from full-time equivalent program count data obtained for the purpose of determining the funds initially needed to finance the Quality Basic Education Formula pursuant to subsection (d) of Code Section 20-2-160 for the next ensuing fiscal year. (10)(9) 'Qualified local school system' is defined as any local school system having an assessed valuation per weighted full-time equivalent count for the year of the digest ranking below the guaranteed valuation school system and having an effective millage rate greater than the millage rate applied to calculate the local five mill share pursuant to subsection (a) of Code Section 20-2-164. (11)(10) 'Weighted full-time equivalent count' is defined as the sum of all eligible full-time equivalent program counts multiplied by their respective program weights in effect during the fiscal year that the full-time equivalent program counts were obtained pursuant to Code Section 20-2-161. (12)(11) 'Weighted full-time equivalent count for the year of the digest' is defined as the average of the two weighted full-time equivalent counts taken during that fiscal year beginning during the year of the digest count derived from full-time equivalent program count data obtained for the purpose of determining the funds initially needed to finance the Quality Basic Education Formula pursuant to subsection (d) of Code Section 20-2-160 for the current fiscal year. (b) The State Board of Education shall annually calculate the equalization grant for each qualified local school system in the following manner: (1) Subtract the assessed valuation per weighted full-time equivalent count for the local school system from the assessed valuation per weighted full-time equivalent count for the guaranteed valuation school system; (2) Divide the difference resulting from paragraph (1) of this subsection by 1,000; (3) Subtract five from the effective millage rate for the local school system and use the resulting number of effective mills or 15 effective mills, whichever is less, as the number of effective mills to be equalized; (4) Multiply the quotient resulting from paragraph (2) of this subsection by the number of effective mills to be equalized pursuant to paragraph (3) of this subsection; and (5) Multiply the product resulting from paragraph (4) of this subsection by the most recent average weighted full-time equivalent count for the local school system; and. THURSDAY, MARCH 23, 2006 4437 (6) The resulting amount, calculation amount A, shall be the equalization grant for the ensuing fiscal year; provided, however, that for fiscal year 2001 the amount shall be adjusted by calculating a second amount, calculation amount B, under subsection (b) of this Code section by replacing the seventy-fifth percentile school system with the ninetieth percentile school system for the guaranteed valuation school system and subtracting five from the effective mills and using the resulting number of effective mills or 3.25 effective mills, whichever is less, as the number of effective mills to be equalized, and subtracting the resulting amount from calculation amount A and multiplying the resulting amount by .25 and adding that amount to calculation amount B; provided, further, that for each local school system which serves under contract all of the students in one or more grade levels from an adjoining system and for each local school system which sends under contract all of the students in one or more grade levels to an adjoining system, the equalization grant shall be recalculated calculated to represent the amount that would be earned if the students transferred under said contract were included in the full-time equivalent counts of the local school system in which they reside; provided, further, that any recalculated equalization grant to be earned by a local school system sending students to another system under the provisions of such a contract shall be reduced by an amount which represents the equalization funds earned per weighted full-time equivalent student multiplied by the total weighted full-time equivalent count for students transferred, and any recalculated equalization grant to be earned by the local school system receiving students under said contract shall be increased by the same amount. The amounts so recalculated shall be the equalization grants for such local school systems. The recalculations shall occur after the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system has been calculated and shall not affect the calculation of the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system. (c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. For the first effective year of the merger of any two or more local school systems, the equalization grant shall be the addition of amounts which would have been separately earned by the systems participating in the merger or the amount which would have been earned if the systems had already been merged during the year of the applicable digest, whichever is greater. No portion of local five mill share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the state board to allot the full amount of equalization grants calculated to be payable to qualified local school systems as provided in this Code section, the state board shall proportionately reduce the amount of funds to be allocated to qualified local school systems. (d) The amount of funds appropriated each year under this Code section, for a period not to exceed five years beginning with fiscal year 2002, may be adjusted to allow local school systems that are losing funds due to a change from the ninetieth percentile 4438 JOURNAL OF THE HOUSE guaranteed valuation school system to the seventy-fifth percentile guaranteed valuation school system sufficient time to adjust their local programs. (e)(d)(1) Beginning with Fiscal Year 2002, a A midterm adjustment in a local school system's equalization grant shall be made if: (A) The school system ranks at or below the seventy-fifth percentile in dollars of assessed valuation per weighted full-time equivalent student count, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent student count; and (B) The school system increases the actual millage levied against its digest for maintenance and operation. (2) If made, the midterm adjustment to the equalization grant shall be calculated as follows: (A) Calculate the percentage change in the actual millage rate for a school system by subtracting the actual millage rate for the prior year from the actual millage rate for the current year and dividing by the actual millage rate for the prior year; provided, however, that for local school systems that impose local option sales taxes for school maintenance and operation, as authorized by law, the Department of Education shall be authorized to adjust this calculation by adding the equivalent property tax millage that would be needed to produce the revenue raised by the local option sales tax to the actual millage rate and calculating a revised percentage change; (B) If the result from subparagraph (A) of this paragraph is a positive number, multiply the number of effective mills calculated as part of the original equalization grant calculation for a given year by the percentage increase calculated in subparagraph (A) of this paragraph. Add the product of this calculation to the effective number of mills from the original equalization grant calculation as described in subsections (a) through (d)(c) of this Code section; (C) Recalculate the equalization grant substituting the revised number of effective mills calculated in subparagraph (B) of this paragraph; and (D) Subtract the initial equalization grant amount from the amount calculated in subparagraph (C) of this paragraph. The resulting amount shall be the midterm adjustment to the equalization grant. (e) If the result from subparagraph (A) of paragraph (2) of subsection (d) of this Code section is a positive number, the local school system's number of effective mills used in the calculation of its equalization grant for the ensuing fiscal year shall be adjusted by multiplying the number of effective mills calculated pursuant to paragraph (3) of subsection (b) of this Code section by the percentage increase calculated in subparagraph (A) of paragraph (2) of subsection (d) of this Code section. The resulting amount shall be the adjusted number of effective mills used in the calculation of the equalization grant pursuant to paragraph (3) of subsection (b) of this Code section; provided, however, that in no event shall the adjusted number of effective mills to be equalized exceed 15 effective mills. For Fiscal Year 2006 only, adjustments to THURSDAY, MARCH 23, 2006 4439 equalization grants as provided in this subsection shall be allocated to local school systems following the adoption of the amended Appropriations Act for Fiscal Year 2006." SECTION 4. Said article is further amended by in Code Section 20-2-260, relating to capital outlay funds generally, by striking paragraphs (8) and (17) of subsection (b) and inserting in their respective places the following: "(8) 'Full-time equivalent student count' is defined as the average of the two full-time equivalent counts pursuant to subsection (d) of Code Section 20-2-160 for a school year." "(17) 'Weighted full-time equivalent student count' is defined as the average most recent weighted full-time equivalent count as defined in paragraph (3)(8) of subsection (a) of Code Section 20-2-165." SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, 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 Amerson Y Anderson Y Ashe Y Barnard Y Barnes E 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 Day Y Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Ehrhart Y England Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard, E 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 Y Keen Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar 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 E Scheid E Scott, A E Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens 4440 JOURNAL OF THE HOUSE Y Buckner, G Burkhalter Y Burmeister Y Burns E 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 E Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Heard, J Y Heard, K E Heckstall Y Hembree Henson Y Hill, C Y Keown Y Kidd Y Knight Y Knox Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Y Orrock Y Parham Y Parrish Parsons Y Porter Y Powell E Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Rynders Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson 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 145, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Rynders of the 152nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Fleming of the 117th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 145. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1012. By Representatives Millar of the 79th, Watson of the 91st, Chambers of the 81st, Jennings of the 82nd and Jacobs of the 80th: A BILL to be entitled an Act to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to requirements and conditions applicable to general obligation bonds, so as to provide for additional bond performance audit requirements; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL THURSDAY, MARCH 23, 2006 4441 To amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to change certain provisions regarding the contents of certain bond reports; to provide for additional performance audit requirements with respect to general obligation bonds and revenue bonds; to provide for a definition; to provide for power, duties, and authority of the inspector general; 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 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, is amended in Code Section 36-82-10, relating to reporting requirements regarding bonds, by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: "(b) A political subdivision which issues general obligation bonds, revenue bonds, or any other bonds, notes, certificates of participation, or other such obligations of that political subdivision in an amount exceeding $1 million, shall file a report with the Department of Community Affairs which contains the following: (1) Name of issuer; (2) Whether the issue is a new issue or a refinancing or refunding; (3) Total amount issued; (4) Term of issue; (5) Detailed description of purpose or purposes; (5.1) Whether the issue is a general obligation bond, revenue bond, or other bond, note, certificate of participation, or other obligation; (6) Name of underwriter; (7) Underwriting costs Proceeds used for bond issuance costs, including underwriters discount as reported on Line 24 of the United States Department of Treasury's Internal Revenue Service Form 8038-G; (8) Name of bond counsel; (9) Interest rate; and (10) True or net interest costs. Such information shall be reported to the Department of Community Affairs in accordance with Code Section 36-81-8." SECTION 2. Said chapter is further amended by striking the Reserved designation of Article 4 and inserting in its place a new Article 4 to read as follows: "ARTICLE 4 36-82-100. 4442 JOURNAL OF THE HOUSE (a) As used in this Code section, the term 'bonds' means any revenue or general obligation bonds issued under this chapter. (b) When bonds are issued by a county, municipality, or local authority in the amount of $5 million or more, the expenditure of bond proceeds shall be subject to an ongoing performance audit or performance review as provided in this Code section; but this Code section shall not apply if such bond issue is below $5 million. (c) Each county, municipality, or local authority expending bond proceeds shall provide for a continuing performance audit or performance review of the expenditure of such funds. The county, municipality, or local authority shall contract with a certified public accountant or with an outside auditor, consultant, or other provider accredited or certified in the field of performance audits or performance reviews. Such accountant, auditor, consultant, or other provider shall only be qualified to perform the audit and review functions under this Code section if such accountant, auditor, consultant, or other provider has significant experience and competence in conducting comprehensive audits and reviews in conformance with generally accepted government auditing standards. The performance audit or performance review contract shall: (1) Include a goal of ensuring to the maximum extent possible that the bond funds are expended efficiently and economically, so as to secure to the county, municipality, or local authority the maximum possible benefit from the bond funds; (2) Provide for the issuance of periodic public reports, made accessible through electronic or printed format, or both, at a location advertised in the legal organ not less often than once annually, with respect to the extent to which expenditures are meeting the goal specified in paragraph (1) of this subsection; and (3) Provide for the issuance of periodic public recommendations, made accessible through electronic or printed format, or both, at a location advertised in the legal organ not less often than once annually, for improvements in meeting the goal specified in paragraph (1) of this subsection. (d) The auditor, consultant, or other provider to carry out the performance audit or performance review shall be selected through a public request for proposals process. The reasonable cost of the performance audit or performance review shall be paid from the proceeds of the bonds unless a specific waiver of public accountability is included in a legal advertisement in bold print contained within requisite public notice soliciting public preapproval of the applicable bond issue which expressly states that no performance audit or performance review shall be conducted with respect to such bond issue. (e) On and after the effective date of this Code section, the expenditure of bond proceeds shall be under the jurisdiction of and subject to review by the inspector general of this state with respect to any claim of fraud, waste, abuse, or mismanagement of funds. (f) This Code section shall apply with respect to any bonds which are subject to the requirements of subsection (b) of this Code section which are issued after the effective date of this Code section until the proceeds of such bond issue have been expended." THURSDAY, MARCH 23, 2006 4443 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 Millar of the 79th moved that the House agree to the Senate substitute to HB 1012. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Amerson Y Anderson Y Ashe Y Barnard Y Barnes E 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 Buckner, G Y Burkhalter Y Burmeister Burns E Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper E Cox Y Crawford Y Cummings Y Davis Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Epps Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster E Franklin Y Freeman Y Gardner Y Geisinger Y Golick Graves, D Y Graves, T E Greene Y Hanner Harbin Y Hatfield Heard, J Y Heard, K E Heckstall Y Hembree Henson Y Hill, C Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard, E 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 Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Maddox Y Mangham Y Manning Y Marin Martin Maxwell Y May Y McCall McClinton Y Meadows Y Millar Mills Y Mitchell Y Morgan 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 Parsons Y Porter Powell E Ralston Y Randall Y Ray Y Reece, B Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Sailor E Scheid E Scott, A E Scott, M Y Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Y Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 132, nays 0. 4444 JOURNAL OF THE HOUSE The motion 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. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate insists on its substitute to the following bill of the House: HB 1027. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending July 30, 2007. The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting or amending the same: HB 1027. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending July 30, 2007. Representative Harbin of the 118th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1027 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. 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 THURSDAY, MARCH 23, 2006 4445 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 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. Representative Fleming of the 117th moved that the House insist on its position in disagreeing to the Senate substitute to HB 912 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 Fleming of the 117th, Hatfield of the 177th, and O`Neal of the 146th. HB 173. By Representative Lunsford of the 110th: A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Representative Lunsford of the 110th moved that the House insist on its position in disagreeing to the Senate substitute to HB 173 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 Lunsford of the 110th, Smith of the 129th, and Graves of the 12th. HB 1032. By Representatives Lunsford of the 110th, Ralston of the 7th, Forster of the 3rd, England of the 108th, Ehrhart of the 36th and others: 4446 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide for certain restrictions on the issuance of such permit; to provide for a background check for permit renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; to provide for an effective date; to repeal conflicting laws; and for other purposes. Representative Lunsford of the 110th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1032 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 Lunsford of the 110th, Ralston of the 7th, and Fleming of the 117th. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1257. By Representatives Knox of the 24th, Maxwell of the 17th, Meadows of the 5th and Watson of the 91st: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselor's license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to revise certain definitions; to change certain provisions relating to evaluation of a person with an emergency condition and initiation of intervention without prospective authorization; to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to THURSDAY, MARCH 23, 2006 4447 emergency services requirements; to change certain provisions relating to payments to nonparticipating and nonpreferred providers of health care services; to change certain provisions relating to health benefit plans providing incentives to use services of preferred providers; to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselor's license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; 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 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by striking paragraphs (2) and (3) of Code Section 31-1181, relating to definitions, in their entirety and inserting in lieu thereof the following: "(2) 'Emergency medical provider' means any provider of emergency medical transportation licensed or permitted by the Georgia Department of Human Resources, any hospital licensed or permitted by the Georgia Department of Human Resources, any hospital based service, or any physician licensed by the Composite State Board of Medical Examiners who provides emergency services. (3) 'Emergency services' means emergency medical transportation or health care services provided in a hospital emergency facility to evaluate and treat any emergency condition." SECTION 2. Said chapter is further amended in Code Section 31-11-82, relating to evaluation of a person with an emergency condition and initiation of intervention without prospective authorization, by striking subsection (b) in its entirety and inserting a new subsection (b) to read as follows: "(b) If in the opinion of the attending physician or licensed ambulance service personnel acting under the medical direction of an ambulance service medical director as defined in Code Section 31-11-60.1 the evaluation provided under subsection (a) of this Code section warrants, he or she may initiate appropriate intervention to stabilize the condition of the patient without seeking or receiving prospective authorization by an insurer, a health maintenance organization, or a private health benefit plan. No insurer, health maintenance organization, or private health benefit plan may subsequently deny payment for an evaluation, diagnostic testing, or treatment provided as part of such intervention for an emergency condition." SECTION 3. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subparagraph (A) of paragraph (1) of Code Section 33-20A-9, relating to 4448 JOURNAL OF THE HOUSE emergency services requirements, in its entirety and inserting in lieu thereof the following: "(1)(A) In the event that a patient seeks emergency services and if necessary in the opinion of the emergency health care provider responsible for the patient's emergency care and treatment and warranted by his or her evaluation, such emergency provider may initiate necessary intervention to stabilize the condition of the patient without seeking or receiving prospective authorization by the managed care entity or managed care plan. No managed care entity or private health benefit plan may subsequently deny payment for an evaluation, diagnostic testing, or treatment provided as part of such intervention for an emergency condition. For purposes of this Code section, the term 'emergency health care provider' includes without limitation an emergency services provider and a licensed ambulance service providing 911 emergency medical transportation." SECTION 4. Said title is further amended by striking subsection (a) of Code Section 33-24-54, relating to payments to nonparticipating or nonpreferred providers of health care services, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Notwithstanding any provisions of Code Sections 33-1-3, 33-1-5, and 33-24-17 and Chapter 20 of this title or any other provisions of this title which might be construed to the contrary, whenever an accident and sickness insurance policy, subscriber contract, or self-insured health benefit plan, by whatever name called, which is issued or administered by a person licensed under this title provides that any of its benefits are payable to a participating or preferred provider of health care services licensed under the provisions of Chapter 4 of Title 26 or of Chapter 9, 11, 30, 34, 35, or 39 of Title 43 or of Chapter 11 of Title 31 for services rendered, the person licensed under this title shall be required to pay such benefits either directly to any similarly licensed nonparticipating or nonpreferred provider who has rendered such services, has a written assignment of benefits, and has caused written notice of such assignment to be given to the person licensed under this title or jointly to such nonparticipating or nonpreferred provider and to the insured, subscriber, or other covered person; provided, however, that in either case the person licensed under this title shall be required to send such benefit payments directly to the provider who has the written assignment. When payment is made directly to a provider of health care services as authorized by this Code section, the person licensed under this title shall give written notice of such payment to the insured, subscriber, or other covered person." SECTION 5. Said title is further amended by adding to the end of Code Section 33-30-24, relating to health benefit plans providing certain incentives, the following: "For purposes of this Code section, when a request for emergency care is made through the emergency 9-1-1 system on behalf of a covered person and the ambulance service licensed under Chapter 11 of Title 31 that was dispatched in response to the request is THURSDAY, MARCH 23, 2006 4449 not a preferred provider, for purposes of payment under paragraph (1) of this Code section, it shall be presumed that the covered person could not reasonably reach a preferred provider." SECTION 6. Said title is further amended by striking subparagraph (AA) of paragraph (6) of Code Section 33-8-1, relating to fees and charges generally, and inserting in lieu thereof a new subparagraph (AA) to read as follows: "(AA) Amendment of filings 25.00 Provided, however, that the Commissioner, in his or her discretion, may exempt from such fee change of address filings done off line by agents, subagents, counselors, and adjusters. (AA.1) Change of address filings done on line by agents, subagents, counselors, and adjusters No charge" SECTION 7. Said title is further amended by striking paragraph (6) of subsection (a) of Code Section 33-23-5, relating to qualifications and requirements for license, and inserting in lieu thereof a new paragraph (6) to read as follows: "(6) If applying for a license as counselor, the applicant must show that he or she either has had five years experience acting as either as an agent, subagent, or adjuster or in some other phase of the insurance business or has sufficient teaching or educational qualifications or experience which, in the opinion of the Commissioner, has qualified the applicant to act as such counselor; and the applicant shall pass such examination as shall be required by the Commissioner unless the applicant is exempted by the Commissioner, based on the applicant's experience and qualifications and pursuant to a regulation adopted by the Commissioner;". SECTION 8. Said title is further amended by striking Code Section 33-23-25, relating to place of business, and inserting a new Code Section 33-23-25 to read as follows: "33-23-25. Every licensed agent, subagent, counselor, and adjuster shall have and maintain in this state or, if a nonresident licensee, in the state of domicile, a place of business accessible to the public. The place of business shall be that wherein the licensee principally conducts transactions pursuant to the license. The address of the place of business shall appear on all licenses of the resident licensee be maintained by the Commissioner. All resident and nonresident licensees shall promptly notify the Commissioner in writing within 30 days of any change in the business address." SECTION 9. 4450 JOURNAL OF THE HOUSE 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 1257. The motion prevailed. By unanimous consent, SB 150, SB 480, and SB 510 were postponed until the next legislative day. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House: HB 1027. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending July 30, 2007. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hill of the 4th, Stephens of the 27th, and Williams of the 19th. Representative Keen of the 179th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning, and the motion prevailed. The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning. JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA AT THE REGULAR SESSION Commenced at Atlanta, Monday, January 9, 2006 and adjourned Thursday, March 30, 2006 VOLUME III 2006 Atlanta, Ga. Printed on Recycled Paper FRIDAY, MARCH 24, 2006 4455 Representative Hall, Atlanta, Georgia Friday, March 24, 2006 The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Abdul-Salaam Ashe Barnard Bearden Benton Bridges Brooks Bryant Buckner, D Burns E Butler Byrd Casas Chambers Channell Cheokas Cole Coleman, B Cox Crawford Cummings Davis Dickson Dodson E Dollar England Everson Floyd, J Forster Franklin Freeman Gardner Graves, D Graves, T Greene Hanner Hatfield Heard, J Heard, K E Heckstall Hembree Hill, C Hill, C.A Holt Houston Hugley Jacobs James Jamieson Jenkins Jennings Johnson Keen Keown Knight Knox Lakly Lane, B Lane, R Lindsey Lord Lunsford Maddox Manning Martin Maxwell May McCall Millar Mills Morris Mosley Mumford Murphy, J Neal O'Neal Parham Parrish Parsons Porter E Ralston Randall Reese Roberts Royal Rynders Scheid E Scott, A Scott, M Setzler Sims, F Sinkfield Smith, B Smith, L Smith, P Smith, R Smith, V Stephens Stephenson Talton Teilhet Thomas, B Tumlin Walker Warren Wilkinson Williams, E Williams, R Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Amerson of the 9th, Anderson of the 123rd, Barnes of the 78th, Beasley-Teague of the 65th, Benfield of the 85th, Black of the 174th, Borders of the 175th, Brown of the 69th, Bruce of the 64th, Buckner of the 76th, Burmeister of the 119th, Carter of the 159th, Coan of the 101st, Coleman of the 144th, Cooper of the 41st, Day of the 163rd, Dean of the 59th, Drenner of the 86th, Ehrhart of the 36th, Floyd of the 99th, Fludd of the 66th, Geisinger of the 48th, Harbin of the 118th, Horne of the 71st, Howard of the 121st, Hudson of the 124th, Jackson of the 161st, Jones of the 44th, Jordan of the 77th, Kidd of the 115th, Lewis of the 15th, Loudermilk of the 14th, Lucas of the 139th, Mangham of the 94th, Marin of the 96th, Meadows of the 5th, Mitchell of the 88th, Mosby of the 90th, Oliver of the 83rd, Orrock of the 58th, Powell of the 29th, Reece of the 27th, Reece of the 11th, Rice of the 51st, Rogers of the 26th, Sailor of the 93rd, Shaw of the 176th, Sims of the 169th, Smith of the 168th, Smyre of the 132nd, Stanley-Turner of the 53rd, Thomas of the 55th, Williams of the 165th, and Yates of the 73rd. 4456 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Pastor Kerwin B. Lee, Berean Christian Church, Stone Mountain, 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 Bill and Resolution of the House were introduced, read the first time and referred to the Committees: HB 1663. By Representative Mangham of the 94th: A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," so as to provide for the offering of state funded high school courses in the History and Literature of the Old Testament Era and the History and Literature of the New Testament Era; to provide for the adoption of the curricula for such courses by the State Board of Education; to provide for the topics of instruction, reading materials, and methods of teaching in such FRIDAY, MARCH 24, 2006 4457 courses; to provide for certain matters relating to the employment and assignment of teachers of such courses; to provide for the granting of academic credit for the successful completion of such courses; to provide for the monitoring of the content and teaching of such courses; 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. HR 2003. By Representative Coan of the 101st: A RESOLUTION creating the House Study Committee on Workers Compensation Employer Fraud; and for other purposes. Referred to the Committee on Industrial Relations. By unanimous consent, the following Resolutions of the House were read the second time: HR 1939 HR 1940 HR 1941 HR 1942 Representative Ehrhart of the 36th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1778 Do Pass Respectfully submitted, /s/ Ehrhart of the 36th Chairman Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report: Mr. Speaker: 4458 JOURNAL OF THE HOUSE 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 1631 HB 1637 HB 1638 HB 1639 HB 1640 HB 1641 HB 1642 HB 1643 HB 1644 HB 1645 HB 1646 HB 1647 HB 1648 HB 1650 HB 1651 HB 1652 Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 1653 HB 1654 HB 1655 HB 1656 HB 1660 HB 1661 HB 1662 SB 37 SB 38 SB 39 SB 40 SB 278 SB 630 SB 644 SB 660 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass, by Substitute Do Pass, by Substitute 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 FRIDAY, MARCH 24, 2006 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 177 SB 191 Teachers Retirement System; change benefit formula; provide conditions Environmental Advisory; expedited review for permits under contract FRIDAY, MARCH 24, 2006 4459 SB 286 SB 288 SB 413 SB 570 SB 606 Employees; legislative branch; state merit system; optional coverage; repeal Grade Integrity Act; teacher not required to change grade; ethical violation Compulsory School Attendance Law; exemptions; provide local board of education policies; minimum annual attendance; change provisions Motor Vehicles; windshields; reduce light transmission/increase light reflectance; authorize certified optometrist to provide attestation Funerals; prohibit disruptive conduct; elements of such offense; provide criminal penalty Modified Open Rule SB 396 SB 500 Crimes; person who is attacked has no duty to retreat; provide immunity from prosecution 2006 Georgia Accuracy in Elections Act; permanent paper record of votes; provide for pilot program/electronic voting Modified Structured Rule SB 505 SB 545 SB 561 Mortgage Broker/Lender License; exempt certain exclusive agents Bingo Games; nonprofit, tax-exempt organization; provide definition HOPE Scholarships/Grants; definitions; correct scrivener's error; provide for students in professional level programs Structured Rule HR 1856 SB 135 SB 585 Murphy, Thomas B.; former Speaker of the House; authorize placement of portrait Pretrial Proceedings; indictment for children; jurisdiction for Superior Court Tax Executions; provide ad valorem property taxes/assessments governed by Title 48; purchase/transfer of rights 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: 4460 JOURNAL OF THE HOUSE HB 1631. By Representatives Scheid of the 22nd and Byrd of the 20th: A BILL to be entitled an Act to create the Woodstock Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the City of Woodstock, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors 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 Woodstock Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the City of Woodstock, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Short title. This Act shall be known and may be cited as the "Woodstock Area Convention and Visitors Bureau Authority Act." SECTION 2. Definitions. As used in this Act, the term: (1) "Area" means the corporate limits of the City of Woodstock, Georgia. (2) "Authority" means the Woodstock Area Convention and Visitors Bureau Authority. FRIDAY, MARCH 24, 2006 4461 (3) "Board" means the board of directors of the Woodstock Area Convention and Visitors Bureau Authority. (4) "City" means the City of Woodstock, Georgia. (5) "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 created a public body corporate and politic to be known as the Woodstock Area 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 and visitors bureau authority created by Act of the General Assembly for a municipality for purposes of Code Section 48-13-61 of the O.C.G.A. and is intended to be an agency and instrumentality of the municipality and a governmental unit for purposes of Sections 103, 141, and 150 of the federal Internal Revenue Code of 1986, as amended, and, as to the municipality, is intended to be a subordinated entity for purposes of Section 265(b)(3)(E)(ii) 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 and being exempt from the provisions of Code Section 50-17-2 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." (b) The authority shall have its principal office within the City of Woodstock and its legal situs or residence for the purposes of this Act shall be the City of Woodstock, Cherokee County, Georgia. (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 properties and income used for the benefit and welfare of the people of the city and not for the purpose of private or corporate benefit; and such properties, to the extent of the authority's 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 4462 JOURNAL OF THE HOUSE provisions of this Act or any suit or action against the authority shall be brought in the Superior Court of Cherokee County, Georgia, and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in such court 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. SECTION 4. Directors and meetings. (a) The board shall consist of at least seven directors, who shall be natural persons at least 18 years of age. The mayor and council of the city shall each appoint one member to serve on the board. The members of the board shall serve terms of two years. Members shall receive no compensation for their services as members of the authority, but shall be reimbursed for their proper and reasonable expenses incurred in the performance of their duties, subject to any limitations imposed by general law on the reimbursement of public officials and subject to any limitations which may be contained from time to time in the bylaws of the authority. (b) The board shall meet at such times as may be necessary to transact the business coming before it, but not less often than twice yearly. 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 the city. Meetings shall be conducted in accordance with the latest version of Robert's Rules of Order. (c) At the first meeting of the board, and thereafter subsequent to yearly new appointments, the directors shall elect a chairperson and a vice chairperson from their voting members. The chairperson shall preside at meetings of the board and shall vote on all matters coming before the board. 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 five directors of the board. 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. 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. SECTION 5. Purpose. FRIDAY, MARCH 24, 2006 4463 The purpose of the authority is to promote special events as well as to promote tourism, conventions, and trade shows within the area in such manner or manners contemplated by paragraph (3.4) of subsection (a) of Code Section 48-13-51 of the O.C.G.A. or any other applicable paragraph of such Code section. SECTION 6. Duty of the authority. It shall be the duty of the authority to promote special events as well as to promote tourism, conventions, 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 special events and promoting tourism, conventions, and trade shows; (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, provided that the authority determines that the residents of the area shall receive a substantial benefit therefrom; (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 city 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) Acquire in its own name by purchase, upon such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purpose, 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 same in any manner it deems to the best advantage of 4464 JOURNAL OF THE HOUSE the authority. If the authority shall deem it expedient to acquire and construct any facility relating to tourism, conventions, trade shows, or special events on any lands, the title to which shall then be held by the State of Georgia, the Governor is authorized to convey for and in behalf of the state title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state of the reasonable value of such lands or upon the receipt of such lawful consideration as may be determined by the parties to such conveyance. If the authority shall deem it expedient to acquire and construct any facility relating to tourism, conventions, trade shows, or special events 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 by the parties to such conveyance or upon payment for the credit of the general funds 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 authority's offices and properties, the making of budget recommendations, and the hiring of independent consultants; (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 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 and the city shall be permitted to enter into the following: (A) Contracts under which hotel-motel taxes collected by the city are paid to and expended by the authority as contemplated by paragraph (3.4) of subsection (a) of Code Section 48-13-51 of the O.C.G.A., or any other applicable paragraph under such law; (B) Contracts under which the authority purchases administrative and financial management services from the city to be performed by personnel at the city's cost, which shall include the costs of payroll, employee benefits, supplies, and overhead reasonably allocable to the performance of such services; and FRIDAY, MARCH 24, 2006 4465 (C) 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) Borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue and validate revenue bonds pursuant to the provisions of Code Section 36-82-60 of the O.C.G.A., et seq., the "Revenue Bond Law," to pay the project costs of any one or more facilities relating to tourism, conventions, trade shows, or special events payable solely from funds pledged for that purpose, and to refund such revenue bonds. Such facilities shall be owned by the authority and may be operated by the authority, leased by the authority in whole or in part under true leases, which shall be known as operating leases, or operated by others pursuant to one or more management contracts. Revenues of the authority including, but not limited to, revenues derived by it from such facilities and revenues derived from hotel-motel taxes received from the city may be pledged to the payment of debt service on such revenue bonds and other evidences of indebtedness of the authority; (17) Sell, lease, grant, exchange, or otherwise dispose of any property, both real and personal, or interest therein; (18) Sue and be sued in contract and in tort and complain and defend in all courts; (19) Advise and recommend plans to other public and private sector entities for the promotion of tourism, conventions, trade shows, and special events; (20) Conduct studies and develop plans for improving tourism in the area; (21) Receive and disburse public funds appropriated by the city, including, but not limited to, revenues derived from the hotel-motel tax collected by the city; and 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 (22) Do all things necessary or convenient to accomplish its corporate purposes and to exercise any power permitted by the laws of this state to be exercised by private corporations which will further the authority's 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. 4466 JOURNAL OF THE HOUSE SECTION 8. Bylaws. The authority may, by affirmative vote of a majority of all directors, adopt and amend bylaws to govern the authority, its employees, and operation. SECTION 9. Budget. The authority shall prepare an annual budget to be submitted to the city and shall file all appropriate expenditure reports with the city and the state. 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. City not bound. The authority shall have no power or authority to bind the city 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 city; provided, however, that both the authority and the city shall be bound to each other by contracts, agreements, financial obligations, or indebtedness between themselves. SECTION 12. Oversight. The city council shall be authorized to inspect at its pleasure the state and condition of the authority, its properties, and all books and records pertaining to the authority and its affairs, and the authority shall give it such books and records and furnish it 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 FRIDAY, MARCH 24, 2006 4467 conveyed to the city; 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. HB 1637. By Representative Bridges of the 10th: A BILL to be entitled an Act to authorize the Juvenile Court of Habersham County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1638. By Representative Bridges of the 10th: A BILL to be entitled an Act to authorize the State Court of Habersham County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1639. By Representative Bridges of the 10th: A BILL to be entitled an Act to authorize the Probate Court of Habersham County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes. 4468 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1640. By Representative Bridges of the 10th: A BILL to be entitled an Act to authorize the Magistrate Court of Habersham County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1641. By Representative Hanner of the 148th: A BILL to be entitled an Act to provide that the judge of the Probate Court of Webster County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Probate Court of Webster County; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1642. By Representative Hanner of the 148th: A BILL to be entitled an Act to provide that the chief magistrate of Webster County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Magistrate Court of Webster County; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1643. By Representative Hudson of the 124th: A BILL to be entitled an Act to provide that the probate judge of Glascock County shall serve ex officio as chief magistrate of the Magistrate Court of Glascock County on and after January 1, 2009; to provide an effective date; to provide for a referendum; to repeal certain Acts; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 24, 2006 4469 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1644. By Representative Lane of the 167th: A BILL to be entitled an Act to create a board of elections and registration for McIntosh 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 board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to provide for submission under the Voting Rights Act of 1965, as amended; to repeal a specific Act; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1646. By Representative Coleman of the 144th: A BILL to be entitled an Act to provide for the manner of making appointments to fill vacancies in the membership of the board of the Dodge County Hospital Authority; to repeal a local law for purposes of conformity; to 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 1647. By Representative Smith of the 113th: A BILL to be entitled an Act to provide a homestead exemption from Oconee County ad valorem taxes for the full value of the homestead for residents of that county who are 65 years of age or over and whose gross household income exceeds $40,000.00; 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. 4470 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1648. By Representative Smith of the 113th: A BILL to be entitled an Act to provide a homestead exemption from Oconee County ad valorem taxes for the full value of the homestead for residents of that county who are 65 years of age or over and whose gross household income does not exceed $40,000.00; 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 1650. By Representative Hatfield of the 177th: A BILL to be entitled an Act to create a board of elections and registration for Ware 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 board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1651. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act creating the Satilla Regional Water and Sewer Authority, previously known as the Ware County Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, particularly by an Act approved May 30, 2003 (Ga. L. FRIDAY, MARCH 24, 2006 4471 2003, p. 3689), so as to provide for the composition and selection of the members of the authority; to provide for the appointment, term, and evaluation of an executive director; to provide for certain duties of the authority; 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 1652. By Representatives Jones of the 46th, Martin of the 47th, Geisinger of the 48th, Willard of the 49th, Burkhalter of the 50th and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3633), so as to provide for annexation of certain property; 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 1653. By Representatives Neal of the 1st, 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, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended, so as to provide an increase in compensation for members 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. HB 1654. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to provide a homestead exemption from Bryan County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. 4472 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1655. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to provide for a homestead exemption from City of Pembroke ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city 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. HB 1656. By Representatives Stephens of the 164th and Lane of the 158th: A BILL to be entitled an Act to provide for a homestead exemption from City of Richmond Hill ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city 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. HB 1661. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Baxley, approved August 21, 1911 (Ga. L. 1911, p. 700), as amended, particularly by an Act approved April 13, 1982 (Ga. L. 1982, p. 4725) and an Act approved March 20, 1990 (Ga. L. 1990, p. 4134), so as to provide for the deannexation of certain territory from the corporate limits of said city; to provide for the annexation of certain territory into 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. FRIDAY, MARCH 24, 2006 4473 HB 1662. By Representatives Burns of the 157th and Carter of the 159th: A BILL to be entitled an Act to provide for an advisory referendum regarding whether Effingham County should adopt a chairperson of the board of commissioners who is elected by the entire county; to provide for an advisory referendum regarding whether Effingham County should establish a board of elections; to provide for ballot questions; 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 37. By Senator Johnson of the 1st: A BILL to be entitled an Act to provide for a homestead exemption from City of Richmond Hill ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To provide for a homestead exemption from City of Richmond Hill ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) As used in this Act, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Richmond Hill, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. 4474 JOURNAL OF THE HOUSE (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Richmond Hill who is a senior citizen is granted an exemption on that person's homestead from City of Richmond Hill ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Richmond Hill, or the designee thereof, giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Richmond Hill, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Richmond Hill, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Richmond Hill, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Richmond Hill shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Richmond Hill for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose of the election to be published once a FRIDAY, MARCH 24, 2006 4475 week for two weeks immediately preceding the date thereof in the official organ of Bryan County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which provides a homestead exemption from City of Richmond Hill ad valorem taxes for municipal purposes in the ( ) NO amount of $50,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over?" 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, Section 1 of this Act shall become of full force and effect on January 1, 2007. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Richmond Hill. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. SB 38. By Senator Johnson of the 1st: A BILL to be entitled an Act to provide for a homestead exemption from Bryan County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To provide a homestead exemption from Bryan County ad valorem taxes for county 4476 JOURNAL OF THE HOUSE purposes in the amount of $50,000.00 of the assessed value of the 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) As used in this Act, the term: (1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of the Bryan County, including, but not limited to, ad valorem taxes to pay interest on and to retire county bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of Bryan County who is a senior citizen is granted an exemption on that person's homestead from all Bryan County ad valorem taxes for county purposes in the amount of $50,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax commissioner of Bryan County giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Bryan County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to Bryan County ad valorem taxes for county purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. FRIDAY, MARCH 24, 2006 4477 SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Bryan County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Bryan County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bryan County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which provides a homestead exemption from Bryan County ad valorem taxes for county purposes in the amount of ( ) NO $50,000.00 of the assessed value of the homestead for residents of that county who are 65 of age or over?" 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, Section 1 of this Act shall become of full force and effect on January 1, 2007. 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 Bryan County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. SB 39. By Senator Johnson of the 1st: A BILL to be entitled an Act to provide for a homestead exemption from Bryan County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to 4478 JOURNAL OF THE HOUSE provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To provide a homestead exemption from Bryan County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) As used in this Act, the term: (1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Bryan County school district, including, but not limited to, ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of the Bryan County school district who is a senior citizen is granted an exemption on that person's homestead from all Bryan County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax commissioner of Bryan County giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead FRIDAY, MARCH 24, 2006 4479 exemption under this Act to notify the tax commissioner of Bryan County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to Bryan County school district ad valorem taxes for educational purposes. (f) The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2007. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Bryan County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Bryan County school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bryan County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which provides a homestead exemption from Bryan County school district ad valorem taxes for educational purposes ( ) NO in the amount of $50,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or over?" 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, Section 1 of this Act shall become of full force and effect on January 1, 2007. 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 Bryan County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. 4480 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. SB 40. By Senator Johnson of the 1st: A BILL to be entitled an Act to provide for a homestead exemption from City of Pembroke ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To provide for a homestead exemption from City of Pembroke ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) As used in this Act, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Pembroke, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Pembroke who is a senior citizen is granted an exemption on that person's homestead from City of Pembroke ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. FRIDAY, MARCH 24, 2006 4481 (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Pembroke, or the designee thereof, giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Pembroke, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Pembroke, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Pembroke, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Pembroke shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Pembroke for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2006, state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bryan County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which provides a homestead exemption from City of Pembroke ad valorem taxes for municipal purposes in the amount ( ) NO of $50,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over?" 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 4482 JOURNAL OF THE HOUSE votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2007. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Pembroke. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. SB 278. By Senators Jones of the 10th and Starr of the 44th: A BILL to be entitled an Act to provide for the Henry County Board of Elections and Registration; to provide for the board as a successor to the boards created under prior law; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide an administrative office for elections and registrations; to staff such office with an administrative director, clerical assistants, and other employees; to provide compensation for administrative personnel and members of the board; to terminate the former board of elections and board of registrars; to repeal a specific Act; 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 630. By Senator Pearson of the 51st: A BILL to be entitled an Act to amend an Act providing a new charter for the Town of Talking Rock, approved April 21, 1997 (Ga. L. 1997, p. 4222), so as to change provisions relating to the time of municipal elections and the terms of the mayor and council; to exercise authority granted under general law so as to make the charter provisions on this subject consistent with general law; to provide for related matters; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 24, 2006 4483 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 644. By Senators Hudgens of the 47th and Kemp of the 46th: A BILL to be entitled an Act to provide for the compensation of the members and chairperson of the board of education of Madison County; to provide for procedures relative to such increase in compensation; 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 660. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend an Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, so as to provide for the compensation of members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Barnes Y Bearden Beasley-Teague Benfield Y Benton Black Bordeaux Borders Y Bridges Y Brooks Brown Y Bruce Y Bryant Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Dodson E Dollar Y Drenner Dukes Y Ehrhart Y England Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Hill, C.A Holmes Holt Y Horne Y Houston Howard, E 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 Y Martin Y Maxwell Y May McCall McClinton Y Meadows Y Millar Y Mills Mitchell Morgan Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Sailor Y Scheid E 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 Smyre Y Stanley-Turner 4484 JOURNAL OF THE HOUSE Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns E 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 Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Y Graves, T Y Greene Hanner Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Henson Y Hill, C Keen Y Keown Y Kidd Y Knight Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox Mangham Y Manning Marin Y O'Neal Orrock Y Parham Y Parrish Parsons Y Porter Powell Y Ralston Y Randall Ray Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Rynders Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Walker Y Warren Watson Y Wilkinson Willard Williams, A Y Williams, E Y Williams, R Wix Yates Richardson, Speaker On the passage of the Bills, the ayes were 120, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representative Smith of the 168th 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. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the House: HB 376. By Representatives Loudermilk of the 14th, Fleming of the 117th, Lunsford of the 110th, Lewis of the 15th, Mills of the 25th and others: A BILL to be entitled an Act to amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide exemption for a primary caregiver of a child who is four years of age or younger; to provide an exemption for a primary teacher of children in a home study program; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 654. By Representatives Reese of the 98th, Coan of the 101st, Maddox of the 172nd and Benfield of the 85th: FRIDAY, MARCH 24, 2006 4485 A BILL to be entitled an Act to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicles and traffic, so as to provide for additional definitions relative to all-terrain vehicles; to repeal conflicting laws; and for other purposes. HB 724. By Representative McCall of the 30th: A BILL to be entitled an Act to amend Code Section 31-2-7 of the Official Code of Georgia Annotated, relating to standards for sewage management systems, so as to provide that such Code section does not restrict certain work of a plumber licensed by the Construction Industry Licensing Board; to repeal conflicting laws; and for other purposes. HB 1034. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th: A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs 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. HB 1035. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th: A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are disabled or are 65 years of age or over and who meet certain income limitations; 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 1036. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th: A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for senior citizens 4486 JOURNAL OF THE HOUSE whose household income does not exceed $39,000.00; 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. HB 1037. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th: A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that city who are disabled or are 65 years of age or over and who meet certain income limitations; 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 1038. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th: A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1039. By Representatives Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th and Geisinger of the 48th: A BILL to be entitled an Act to provide for a homestead exemption from City of Sandy Springs ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city who are disabled or are 70 years of age or over and who meet certain income limitations; 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 1092. By Representatives Manning of the 32nd, Stephens of the 164th, Cooper of the 41st, Brown of the 69th, Buckner of the 130th and others: FRIDAY, MARCH 24, 2006 4487 A BILL to be entitled an Act to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to provide for legislative findings; to provide for the creation of the Suicide Prevention Program; to provide for the duties and powers related to the program; to provide for staff for the program; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1106. By Representatives Graves of the 12th, Channell of the 116th, Loudermilk of the 14th, McCall of the 30th, May of the 111th 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 include the hauling of construction aggregates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1112. By Representatives Smith of the 113th, Holt of the 112th, Butler of the 18th and Byrd of the 20th: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to licensing of speech-language pathologists and audiologists; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1121. By Representatives Smith of the 131st, Smith of the 129th, Yates of the 73rd, Warren of the 122nd, Smith of the 168th and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property used in direct connection with the construction or improvement of the National Infantry Museum and Heritage Park at Fort Benning; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1190. By Representatives Wilkinson of the 52nd, Willard of the 49th, Geisinger of the 48th, Jones of the 46th and Ashe of the 56th: A BILL to be entitled an Act to amend Code Section 32-10-64 of the Official Code of Georgia Annotated, relating to the toll powers of the State Road and Tollway Authority, so as to modify and clarify the processes by which collection of unpaid tolls may be accomplished; to alter the fees and penalties which may be assessed for failure to pay the proper toll; to provide for related 4488 JOURNAL OF THE HOUSE matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1192. By Representatives Willard of the 49th, Wilkinson of the 52nd, Geisinger of the 48th and Lindsey of the 54th: A BILL to be entitled an Act to create the City of Sandy Springs Public Facilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1219. By Representatives Smith of the 70th, Freeman of the 140th, Maddox of the 172nd, Morris of the 155th, Reese of the 98th 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 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 an effective date; to repeal conflicting laws; and for other purposes. HB 1241. By Representatives Martin of the 47th, Roberts of the 154th, Watson of the 91st, Fleming of the 117th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs and activities under the "Quality Basic Education Act," so as to provide that no high school which receives funding under the "Quality Basic Education Act" shall participate in or sponsor interscholastic sports events conducted by any athletic association unless the athletic association provides for certain eligibility conditions for student athletes; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 24, 2006 4489 HB 1264. By Representatives Heard of the 104th, Cox of the 102nd, Everson of the 106th, Marin of the 96th, Walker of the 107th and others: A BILL to be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3598), so as to provide for an additional judge for the State Court of Gwinnett County; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1267. By Representatives Manning of the 32nd, Ehrhart of the 36th, Tumlin of the 38th, Parsons of the 42nd, Teilhet of the 40th and others: A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3607), so as to change the compensations 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. HB 1293. By Representatives Royal of the 171st, Floyd of the 147th, Roberts of the 154th, Channell of the 116th and O`Neal of the 146th: 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 constitute a breach of a conservation use covenant but incur a reduced penalty; to repeal conflicting laws; and for other purposes. HB 1319. By Representatives Smith of the 70th, Knight of the 126th, Golick of the 34th, Rogers of the 26th and McCall of the 30th: A BILL to be entitled an Act to amend Chapter 23 of Title 50 of the O.C.G.A., relating to the Georgia Environmental Facilities Authority, so as to change certain provisions relating to definitions relative to said article; to change certain provisions relating to purpose, powers, and duties of the authority; to change certain provisions relating to loans to local governments and repayment thereof; to change certain provisions relating to lease agreements; to change certain provisions relating to review of contracts and agreements with local governments by the Environmental Protection Division of the Department of Natural Resources; to repeal certain provisions relating to transfer of employees of the former Office of Energy Resources; to change certain provisions relating to transfer of assets, funds, property, contracts, 4490 JOURNAL OF THE HOUSE programs, obligations, and interests of the former Office of Energy Resources; to repeal conflicting laws; and for other purposes. HB 1366. By Representative Hanner of the 148th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Leesburg, approved April 17, 1973 (Ga. L. 1973, p. 2851), as amended, particularly by an ordinance filed with the Secretary of State on September 16, 1976 (Ga. L. 1977, p. 4639), so as to provide for a municipal court for the City of Leesburg; to provide the City Council certain powers to determine qualifications and requirements relating to municipal court judges; to provide for certain penalties for violations under the jurisdiction of the municipal court; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1481. By Representatives Lewis of the 15th, Loudermilk of the 14th and Graves of the 12th: A BILL to be entitled an Act to create the Board of Commissioners of Bartow County; to provide for commissioner districts; to provide for definitions and inclusions; to provide for elections, qualifications, and terms of office; to provide for powers, duties, authority, and compensation of the chairperson and members of the board; to provide for vacancies; to provide for a county manager and the selection, compensation, powers, and duties thereof; to provide for a clerk; to provide for oaths of office and surety bonds; to provide for a vice chairperson; to provide for other related matters; to repeal an Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1499. By Representative Cheokas of the 134th: A BILL to be entitled an Act to amend an Act creating the State Court of Sumter County, approved November 22, 1900 (Ga. L. 1900, p. 93), as amended, so as to provide that on and after January 1, 2007, the district attorney of the judicial circuit within which Sumter County is located shall represent the state in all criminal prosecutions brought in the State Court of Sumter County and shall perform the duties of the office of solicitor-general of the state court; to provide for the powers, duties, and responsibilities of said district attorney in such state court; to authorize the establishment of a state court division by said district attorney; to provide for the assignment, FRIDAY, MARCH 24, 2006 4491 appointment, and compensation of personnel by said district attorney; to provide for annual budgets; to provide for definitions and references; to provide for submission to the Justice Department for preclearance; to repeal conflicting laws; and for other purposes. HB 1562. By Representative Hanner of the 148th: A BILL to be entitled an Act to amend an Act providing a charter for the City of Richland, Georgia, approved August 8, 1922 (Ga. L. 1922, p. 925), as amended, so as to change the corporate limits of such city by annexing certain territory in Stewart County into such city; to repeal conflicting laws; and for other purposes. HB 1566. By Representatives Hill of the 21st, Murphy of the 23rd and Byrd of the 20th: A BILL to be entitled an Act to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, approved February 8, 1950 (Ga. L. 1949-50, p. 102), as amended, particularly by an Act approved December 28, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 330), an Act approved March 2, 1966 (Ga. L. 1966, p. 119), an Act approved March 22, 1989 (Ga. L. 1989, p. 4192), an Act approved April 10, 1998 (Ga. L. 1998, p. 4447), so as to increase the amount of compensation paid to such judges by the county comprising the Blue Ridge Judicial Circuit; to provide for annual increases in the discretion of the governing authority; to authorize participation by such judges in county retirement, deferred compensation, or similar plans; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1612. By Representatives Forster of the 3rd and Neal of the 1st: 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 provide for a limit on the number of terms which members of such board may serve; to repeal conflicting laws; and for other purposes. HB 1613. By Representatives Murphy of the 23rd, Knox of the 24th and Amerson of the 9th: A BILL to be entitled an Act to amend an Act creating the State Court of Forsyth County, approved April 15, 1996 (Ga. L. 1996, p. 4558), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5579), so as to 4492 JOURNAL OF THE HOUSE change the compensation of the judges of the State Court of Forsyth County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1614. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4466), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. HB 1615. By Representatives Buckner of the 76th, Dodson of the 75th, Jordan of the 77th, Abdul-Salaam of the 74th and Sinkfield of the 60th: A BILL to be entitled an Act to establish the "Clayton County Commission on Children and Youth"; to provide for matters relative thereto; to provide an effective date; to provide for automatic repeal of this Act; to repeal conflicting laws; and for other purposes. HB 1617. By Representatives Buckner of the 76th, Dodson of the 75th, Jordan of the 77th, Abdul-Salaam of the 74th, Sinkfield of the 60th and others: A BILL to be entitled an Act to create a Heritage Trail Commission for Clayton County and to provide for its powers and duties; to provide for the composition of the commission and the selection and appointment of members; to provide for meetings, procedures, and operational bylaws; to provide for findings; to provide for automatic repeal; to provide for dissolution; to repeal conflicting laws; and for other purposes. HB 1624. By Representatives Scott of the 153rd and Roberts of the 154th: A BILL to be entitled an Act to amend an Act creating and establishing the State Court of Tift County, approved March 30, 1971 (Ga. L. 1971, p. 2468), as amended, so as to prohibit the judge of such court from engaging in the practice of law; to provide for the compensation of such judge; 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 1421. By Representatives Fleming of the 117th, Ralston of the 7th and Hatfield of the 177th: FRIDAY, MARCH 24, 2006 4493 A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demand for trial and announcement of readiness for trial, so as to require that a defendant be present in court and announce ready for trial if a demand for trial is filed; to require that a demand for trial be filed and served as a separate document and labeled as a demand for trial; to change provisions relating to demand for trial and service of the demand; to provide for other related matters; to repeal conflicting laws; and for other purposes. HB 1616. By Representatives Scott of the 2nd and Neal of the 1st: A BILL to be entitled an Act to provide a homestead exemption from Walker County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead after a threeyear phase in period for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House: HB 1090. By Representatives Harbin of the 118th, Fleming of the 117th, Burmeister of the 119th and Rogers of the 26th: A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the O.C.G.A., relating to contracts for public works, and Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, so as to provide that a contractor that is more than 30 days behind in the performance of a state public works construction contract or a construction or maintenance contract with the Department of Transportation due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contract is brought current or is completed; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Representative Porter of the 143rd moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate: 4494 JOURNAL OF THE HOUSE SB 44. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Code Section 42-2-11 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Corrections, so as to authorize the board to enter into contracts for the operation of private probation detention and diversion centers; to provide for rules and regulations for the operation of such centers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam N Amerson Anderson Y Ashe N Barnard Barnes N Bearden Beasley-Teague Benfield N Benton Black Bordeaux Borders N Bridges Y Brooks Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns E Butler Byrd N Carter N Casas N Chambers Channell N Cheokas N Coan N Cole N Coleman, B Coleman, T N Cooper Cox N Crawford Y Cummings N Davis N Day Dean N Dickson N Dodson E Dollar Y Drenner Dukes N Ehrhart N England Epps Everson N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin N Freeman Y Gardner Y Geisinger Golick N Graves, D N Graves, T N Greene N Hanner N Harbin Y Hatfield N Heard, J Y Heard, K E Heckstall N Hembree Y Henson N Hill, C N Hill, C.A Holmes N Holt N Horne Y Houston Howard, E 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 Y Keown Y Kidd N Knight N Knox Y Lakly N Lane, B N Lane, R N Lewis N Lindsey Y Lord Loudermilk Lucas Lunsford N Maddox Mangham N Manning Marin N Martin N Maxwell N May McCall McClinton N Meadows N Millar N Mills Mitchell 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 Y Parrish Y Parsons Y Porter Y Powell N Ralston Y Randall Y Ray Reece, B N Reece, S N Reese Rice N Roberts Y Rogers N Royal Rynders Sailor N Scheid N Scott, A N Scott, M Setzler Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner Stephens Y Stephenson Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin N Walker Y Warren Watson N Wilkinson Willard Williams, A Y Williams, E N Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 54, nays 80. FRIDAY, MARCH 24, 2006 4495 The motion was lost. 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. 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 81. By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Jackson of the 161st and Scott of the 2nd: A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to provide that, with respect to all homestead exemptions, the unremarried surviving spouse of a deceased spouse who has been granted a homestead exemption shall continue to receive that exemption so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Representative Day of the 163rd moved that the House insist on its position in disagreeing to the Senate amendment to HB 81 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 Day of the 163rd, Keen of the 179th, and Stephens of the 164th. The following members were recognized during the period of Morning Orders and addressed the House: Kidd of the 115th, Cheokas of the 134th, Setzler of the 35th, and Cole of the 125th. 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 561. By Senators Harp of the 29th, Staton of the 18th, Adelman of the 42nd, Henson of the 41st and Wiles of the 37th: 4496 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide for certain definitions; to correct a scrivener's error; to provide for students in professional level programs; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Anderson Y Ashe 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 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 Cooper Y Cox Y Crawford Y Cummings Y Davis Day Dean Dickson Y Dodson E Dollar Y Drenner Dukes Y Ehrhart Y England Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Knight Y Knox Y Lakly Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Marin Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Mitchell Morgan E 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 Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler 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 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, the ayes were 144, nays 0. FRIDAY, MARCH 24, 2006 4497 The Bill, having received the requisite constitutional majority, was passed. SB 585. By Senators Shafer of the 48th, Moody of the 56th and Balfour of the 9th: A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 9 of the O.C.G.A., relating to parties in execution, so as to provide that executions for ad valorem property taxes or assessments shall be governed exclusively by Title 48; to amend Chapter 3 of Title 48 of the O.C.G.A., relating to tax executions, so as to define certain terms; to provide for the purchase of tax executions and the transfer of rights; to provide for the termination of such right; to provide for collection; to provide for notice; to provide for a right of satisfaction; to provide for interest and fees; to provide for notice in the event certain information is unavailable; to provide that certain officials and their employees shall not have the right to purchase tax executions; to provide a penalty; to provide for applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding tax executions and redemption of property; to provide for procedures, conditions, and limitations regarding the transfer of tax executions; to change certain provisions relating to procedures for sales under tax levies and executions; to change provisions regarding payment of excess proceeds; to provide for requirements and procedures with respect to certain tax sales; to change certain provisions regarding redemption of property; to provide for additional circumstances under which real estate transfer tax is not due and payable; to change certain provisions relating to transfer of executions; 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. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking Code Section 9-13-36, relating to transfer of execution upon payment, status of transferee, and recording necessary to preserve lien, in its entirety and inserting in its place the following: "9-13-36. 4498 JOURNAL OF THE HOUSE (a) Except as otherwise provided for in subsection (b) of this Code section, whenever Whenever any person other than the person against whom the same has issued pays any execution, issued without the judgment of a court, under any law, the officer whose duty it is to enforce the execution, upon the request of the party paying the same, shall transfer the execution to the party. The transferee shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed before the transfer, provided that the transferee shall have the execution entered on the general execution docket of the superior court of the county in which the same was issued and, if the person against whom the same was issued resides in a different county, also in the county of such person's residence within 30 days from the transfer; in default thereof the execution shall lose its lien upon any property which has been transferred bona fide and for a valuable consideration before the recordation and without notice of the existence of the execution. (b) This Code section shall not be applicable to tax executions. Tax executions shall be governed exclusively by Chapters 3 and 4 of Title 48." SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-3-19, which is reserved, and inserting in its place a new Code Section 48-3-19 to read as follows: "48-3-19. (a) As used in this Code section, the term: (1) 'Delinquent taxpayer' means the person or persons against whom an execution has been issued or the successor in title to the property for which the execution has been issued. (2) 'Due diligence' means the performance of a diligent search to ascertain the actual location of the record owner of the property. The following actions shall satisfy the diligent search requirements of this Code section: sending notice by first-class mail, certified mail, or statutory overnight delivery, as required by law. If the notice is returned undelivered the following actions shall satisfy the diligent search requirements of this Code section: due diligence shall include checking telephone directories for the county wherein the property is located; checking the records of the tax commissioner of the county wherein the property is located; or checking the real estate records of the clerk of the superior court of the county wherein the property is located. (3) 'Execution' means an execution issued for the collection of any ad valorem taxes, special assessments, fees, penalties, interest, or collection costs due the state or any political subdivision thereof. (4) 'Transferee' means a person to whom an execution is transferred. (5) 'Transferor' means the official holding the tax executions and authorized to collect or transfer such tax executions. (b)(1) Whenever any person other than the person against whom an execution has been issued pays an execution issued for state, county, or municipal taxes or special FRIDAY, MARCH 24, 2006 4499 assessments, the officer whose duty is to enforce the execution may transfer the execution to the party so paying the full value of the execution. No officer whose duty it is to enforce an execution issued for state, county, or municipal taxes or special assessments shall be required to make any transfer or transfers of such execution or executions. The transferee shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed by the tax official. The person to whom the execution is transferred shall, within 30 days of the transfer, cause the execution to be entered on the general execution docket of the superior court of the county in which the execution was issued. In default of the required entry or entries, the execution shall lose its lien upon any property which has been transferred in good faith and for a valuable consideration before the entry and without notice of the existence of the execution. (2)(A) It shall be unlawful for any tax official covered by this subsection to pay a tax execution in order to obtain a transfer of the execution under this Code section. It shall be unlawful for any employee of a tax official covered by this subsection to pay a tax execution in order to obtain a transfer of the execution under this Code section. The tax officials covered by this subsection are: (i) County tax receivers, tax collectors, and tax commissioners; (ii) Members of county boards of tax assessors; (iii) Members of county boards of equalization; and (iv) County tax appraisers. (B) Any execution transferred in violation of subparagraph (A) of this paragraph shall be void and unenforceable by the person obtaining the execution and such person's successors in interest. (C) Any tax official or employee of a tax official violating subparagraph (A) of this paragraph shall be guilty of a misdemeanor. (c)(1) Within 60 days following the transfer, the transferee shall notify the delinquent taxpayer of the transfer of the tax execution by first-class mail. The notice shall include: (A) The name, mailing address, and telephone number for the transferee's business office; (B) The amount necessary to satisfy such execution; and (C) Other information as deemed appropriate by the transferee. (2) In the event that any such notice by first-class mail is returned undelivered, the transferee shall be required to perform due diligence in an effort to obtain the delinquent taxpayer's correct address or any new owner's correct address and resend the notice by first-class mail. (d) An execution which has been transferred shall bear interest as specified in Code Section 48-3-20 on the amount paid for such execution from the date of the transfer. In addition, the transferee may charge and collect recording fees actually expended in recording the transferred execution on the general execution docket of any county in which the transfer is recorded and such other penalties as are provided for in this title. 4500 JOURNAL OF THE HOUSE (e)(1) Whenever an execution has been transferred to any transferee, the transferee shall not be authorized to submit the execution to the appropriate levying officer until 12 months after the date of such transfer or 24 months after the tax giving rise to the execution was originally due, whichever is earlier. A transferee shall not have the right to advertise and sell property under a tax execution. Such right shall remain solely with the appropriate levying official, such as the sheriff or marshal. (2) A transferee with multiple outstanding executions against the same property shall not be subject to the time period requirements of paragraph (1) of this subsection with respect to all such executions if at least one of the executions meets such requirements of paragraph (1) of this subsection. (f) Until the execution is paid in full or satisfied, on or before November 15 of each year after the calendar year in which the transfer occurred, the transferee shall send notice by regular mail to the delinquent taxpayer and the record owner of the property advising that the tax execution is still outstanding. The notice must provide the transferee's most updated contact information, including mailing address and telephone number. (g) Any transferee that pays the tax official more than two million dollars in any calendar year for the transfer of executions shall maintain a reasonably accessible office within 50 miles of the courthouse wherein the superior court of the county wherein the transferred executions were issued is located. Said office shall be open to the public for at least eight hours per day for five days a week, official state holidays excepted." SECTION 4. Said title is further amended in Code Section 48-4-1, relating to procedures for sales under tax levies and executions, by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: "(a)(1) Except as otherwise provided in this title, when a levy is made upon real or personal property, the property shall be advertised and sold in the same manner as provided for executions and judicial sales. Except as otherwise provided in this title, the sale of real or personal property under a tax execution shall be made in the same manner as provided for judicial sales; provided, however, that in addition to such other notice as may be required by law, in any sale under a tax execution made pursuant to this chapter, the defendant shall be given ten days written notice of such sale by registered or certified mail or statutory overnight delivery. The notice required by this Code section shall be sent: (1)(A) In cases of executions issued by a county officer for ad valorem taxes, to the defendant's last known address as listed in the records of the tax commissioner of the county that issued the tax execution; or (B) In cases of executions issued by a municipal officer for ad valorem taxes, to the defendant's last known address as listed in the records of the municipal officer of the municipality that issued the tax execution; or (2)(C) In cases of executions issued by a state officer, to the defendant's last known address as listed in the records of the department headed by the issuing officer. FRIDAY, MARCH 24, 2006 4501 (2) A copy of the notice provided for in paragraph (1) of this subsection shall also be sent by the same tax officer sending the notice to the defendant to the appropriate tax official of the state, county, or municipality which also has issued an execution with respect to such property." SECTION 5. Said title is further amended by striking Code Section 48-4-5, relating to payment of excess proceeds of a tax sale by a tax commissioner or tax collector, and inserting in its place a new Code Section 48-4-5 to read as follows: "48-4-5. (a) If there is are any excess funds after paying taxes, costs, and all expenses of a sale, the tax commissioner or tax collector may file an interpleader action in superior court for the payment of the amount of such excess. Such excess shall be distributed by the superior court to intended parties, including the owner as their interest appears and in the order of priority in which their interest exists made by the tax commissioner, tax collector, or sheriff, or other officer holding excess funds, the officer selling the property shall give written notice of such excess funds to the record owner of the property at the time of the tax sale and to the record owner of each security deed affecting the property and to all other parties having any recorded equity interest or claim in such property at the time of the tax sale. Such notice shall be sent by firstclass mail within 30 days after the tax sale. The notice shall contain a description of the land sold, the date sold, the name and address of the tax sale purchaser, the total sale price, and the amount of excess funds collected and held by the tax commissioner, tax collector, sheriff, or other officer. The notice shall state that the excess funds are available for distribution to the owner or owners as their interests appear in the order of priority in which their interests exist. (b) The tax commissioner, tax collector, sheriff, or other officer may file, when deemed necessary, an interpleader action in superior court for the payment of the amount of such excess funds. Such excess funds shall be distributed by the superior court to the intended parties, including the owner, as their interests appear and in the order of priority in which their interests exist. The cost of litigation such an interpleader action, including reasonable attorney's fees, shall be paid from the excess funds upon order of the court. (c) After five years have elapsed from the tax sale date, the tax commissioner, tax collector, sheriff, or other officer holding excess funds shall pay over to the department any excess unclaimed funds and for which no action or proceeding is pending in a claim for payment. Once excess funds are placed in the possession of the department, only a court order from an interpleader action filed in the county where the tax sale occurred, by the claimant for the funds, shall serve as justification for release of the funds." SECTION 6. 4502 JOURNAL OF THE HOUSE Said title is further amended by striking Code Section 48-4-44, relating to quitclaim deeds by purchaser, and inserting in lieu thereof a new Code Section 48-4-44 to read as follows: "48-4-44. (a) In all cases where property is redeemed, the purchaser at the tax sale shall make a quitclaim deed to the defendant in fi. fa., which deed shall recite: (1) The name of the person who has paid the redemption money; and (2) The capacity in which or the claim of right or interest pursuant to which the redemption money was paid. (b) The recitals required by subsection (a) of this Code section shall be prima-facie evidence of the facts stated. (c) If the quitclaim deed provided for in subsection (a) of this Code section is presented to the purchaser at the time such person accepts the amount payable for the redemption in the form of cash or a certified check, the purchaser shall, at that time, sign the quitclaim deed if a notary public and an unofficial witness are present to witness such signature. (d) If no quitclaim deed is presented at the time of the redemption or if sufficient witnesses are not present, it shall be the responsibility of the purchaser to prepare and properly execute such quitclaim deed as is required by law within seven days from the date of the redemption. (e) It shall be the responsibility of the purchaser once the quitclaim deed is properly executed as required in subsection (d) of this Code section to present such deed for recordation to the clerk of the court within ten days of the redemption. The quitclaim deed shall be presented for recordation in the county where the tax sale originally occurred. The purchaser shall pay all recording costs and return the recorded quitclaim deed to the redeemer." SECTION 7. Said title is further amended in Code Section 48-6-2, relating to exemptions from real estate transfer tax, by adding a new paragraph immediately following paragraph (8) of subsection (a), to be designated paragraph (8.1), to read as follows: "(8.1) Any deed that seeks to return any property sold at a tax sale back to the defendant in fi. fa.;" SECTION 8. The provisions of this Act shall apply to all executions transferred on or after July 1, 2006. Executions transferred prior to July 1, 2006, shall not be affected by this Act. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. FRIDAY, MARCH 24, 2006 4503 On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Amerson Anderson N Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague N Benfield Y Benton Black N Bordeaux N Borders Y Bridges N Brooks Y Brown N Bruce N Bryant Y Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns E Butler Y Byrd Y Carter Y Casas Chambers Y Channell Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis Day Dean Y Dickson Y Dodson E Dollar N Drenner N Dukes Y Ehrhart Y England Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Hatfield Y Heard, J N Heard, K E Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E Hudson Y Hugley N Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight N 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 Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Mitchell N Morgan E 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 Powell Y Ralston N Randall 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 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 Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Warren 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 37. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Dean of the 59th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. 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 Utilities & Telecommunications: 4504 JOURNAL OF THE HOUSE SB 425. By Senators Goggans of the 7th, Zamarripa of the 36th, Balfour of the 9th, Williams of the 19th, Johnson of the 1st and others: A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Computer Security Act of 2005," so as to enact "The Georgia Child, Family, and School Communications Protection Act"; to provide a short title; to provide for definitions; to create a service to protect child, family, and school communications; to provide conditions for registration; to provide for a fee; to provide for procedures; to provide for verification from the contents of the service; to prohibit the release of certain information; to shield certain information from public inspection; to provide for a penalty; to provide for civil actions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 1645. By Representatives Mills of the 25th, Reece of the 27th, Benton of the 31st, Amerson of the 9th and Rogers of the 26th: A BILL to be entitled an Act to create the Northeastern Judicial Circuit Public Defender Study Commission; to provide for the appointment of members; to provide for meetings and operations; to provide for powers, duties, and authority of the commission; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To create the Northeastern Judicial Circuit Public Defender Study Commission; to provide for the appointment of members; to provide for meetings and operations; to provide for powers, duties, and authority of the commission; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) There is created the Northeastern Judicial Circuit Public Defender Study Commission to be composed of eight members as follows: the members of the House of Representatives from the 25th, 26th, 27th, and 31st House districts; the member of the Senate from the 49th Senate district; the sheriff of Hall County or his or her designee; the FRIDAY, MARCH 24, 2006 4505 district attorney for the Northeastern Judicial Circuit or his or her designee; and the circuit public defender for the Northeastern Judicial Circuit or his or her designee. (b) The chairperson of the Hall County legislative delegation shall call the first meeting. The members of the commission shall appoint a chairperson of the commission from among their members and such chairperson shall call all future meetings. SECTION 2. (a) The commission shall undertake a study of issues and concerns related to the effectiveness and efficiency of the office of the circuit public defender in the Northeastern Judicial Circuit as to the operations of such office relative to Hall County. (b) The commission shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 1, 2006. (c) The members of the commission shall receive no compensation or expenses for their services. SECTION 3. This Act shall stand repealed in its entirety on December 1, 2006. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. HB 1660. By Representative Smith of the 168th: A BILL to be entitled an Act to create a board of elections and registration for Bacon 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 board's performance of certain functions and duties for certain municipalities; to provide effective dates; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. 4506 JOURNAL OF THE HOUSE On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague 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 Burkhalter Burmeister Y Burns E 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 Y Dodson E Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin 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, E Y Hudson Y Hugley Y Jackson Y Jacobs 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 Y Lucas Y Lunsford Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Mitchell Y Morgan E Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q 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 Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, R Y Wix Yates Richardson, Speaker On the passage of the Bills, the ayes were 148, nays 0. The Bills, having received the requisite constitutional majority, were passed. 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 1083 Do Pass HR 1335 Do Pass FRIDAY, MARCH 24, 2006 4507 The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1083. By Representatives Forster of the 3rd, Neal of the 1st and Dickson of the 6th: A RESOLUTION congratulating the 2005 Ringgold High School Lady Tigers Softball Team, winners of the GHSA Class AAAA State Fast Softball Championship; to invite the team to appear before the House of Representatives; and for other purposes. HR 1335. By Representatives Sims of the 169th, Keen of the 179th, Porter of the 143rd, Ralston of the 7th, Smyre of the 132nd and others: A RESOLUTION expressing regret at the passing of Mr. Charles N. "Judy" Poag and inviting his family to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time: SB 500. By Senators Stephens of the 27th, Wiles of the 37th, Staton of the 18th and Hill of the 32nd: A BILL to be entitled an Act to provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to require all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on electronic recording voting systems; to provide for a pilot program during the 2006 November general election and any runoff therefrom in certain counties; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as 4508 JOURNAL OF THE HOUSE to provide for a pilot program during the 2006 November general election and any runoff therefrom in certain counties; to require that all electronic recording voting systems used in such pilot project produce a permanent paper record of the votes recorded on such systems for each voter; to provide that such voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on such electronic recording voting systems; to provide for the verification and count of such paper records; to provide for related matters; to provide for certain public hearings and reports; to provide for effective dates; 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 "2006 Georgia Accuracy in Elections Act." SECTION 2. Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, is amended by adding a new Code Section 21-2-379.12 to read as follows: "21-2-379.12. (a) The Secretary of State shall implement a pilot program providing for the use of direct recording electronic (DRE) voting equipment equipped and configured with an elector verified, permanent paper record of the votes cast by each elector on each DRE unit in one precinct each in the Counties of Cobb, Bibb, and Camden in the 2006 November general election and any runoff from such election. (b)(1) Each DRE unit used in the pilot project shall meet the requirements of this subsection and shall be of the same general type from the same vendor or manufacturer as those DRE units in use in the state. (2) Each DRE unit used by the counties in the pilot project shall have received national qualification and shall have passed state certification for use in elections. For the purposes of this Code section, the Secretary of State is authorized to provide for a conditional certification of the units which shall expire on December 31, 2006. (3) Each unit shall produce an elector verified, permanent paper record of the votes cast by each elector on such device and shall provide the elector with an opportunity to review the permanent paper record privately and independently before casting his or her vote on the unit and to change his or her ballot or correct any error in such record or vote; provided, however, that it shall not allow the elector to have actual physical possession of such record. Each unit shall bear a unique identifying number and each unit shall be equipped with a storage device that: (A) Stores each of the elector verified, permanent paper records at the same time as such elector's votes are stored electronically by the DRE unit; FRIDAY, MARCH 24, 2006 4509 (B) Bears the same unique identifying number as the DRE unit to which it is attached; and (C) Can be removed from the DRE unit for the purpose of transporting the permanent paper records contained therein to a central tabulating center. (c)(1) In those counties constituting the pilot project in the 2006 November general election and any runoff therefrom, each duly qualified elector shall cast his or her vote on a DRE unit by touching the screen or pressing the appropriate button on the unit for the candidate or issue of such elector's choice. After having the opportunity to vote in all races and upon all questions in which the elector is eligible to vote, the unit shall display a summary of the choices which the elector has made. At that time, the elector shall also be notified of any races or questions in which the elector did not make a selection and all other choices of the elector shall be displayed for the elector's review. The elector shall have the opportunity to change any choices which the elector made in voting the ballot and be allowed to vote in those races and on those questions in which the elector did not previously make a selection or cast a vote, and the elector shall again be presented with a summary display of his or her choices. After the summary screen is displayed and the elector desires to make no further changes to his or her votes, the elector shall be notified that he or she is about to cast the ballot. Prior to the elector casting his or her vote on the unit, the unit shall print a permanent paper record of the elector's votes. The elector shall then review such permanent paper record and, if such record is correct, the elector shall then press the appropriate button on the unit or location on the screen to actually cast his or her ballot and cause such votes to be recorded, which shall also cause the permanent paper record to be deposited in a ballot box or other secure container. If the votes shown on the permanent paper record are incorrect, the unit shall allow the elector to correct such error or errors by rejecting and voiding the permanent paper record that was printed and changing such elector's votes on the unit. After making such corrections, the unit shall print a new permanent paper record for the elector's review. If the new record is correct, the elector shall then press the appropriate button on the unit or location on the screen to actually cast his or her ballot. If the new record is incorrect, the unit shall allow the voter to reject and void the new permanent paper record and again change the elector's votes on the unit. After making such corrections, the unit shall print a permanent paper record of the elector's votes and shall cause the elector's ballot to be cast and such votes to be recorded. The elector shall only be allowed to adjust his or her votes three times before casting the ballot. After pressing the appropriate button on the unit or location on the screen to cast the ballot, the elector's vote shall be final and shall not be subsequently altered. In the event that the DRE unit cannot produce a correct permanent paper record of the elector's votes, such unit shall be shut down and sealed and the superintendent and the Secretary of State shall be immediately notified of such problem. (2) The permanent paper records shall be secured in locked ballot boxes or other secure containers at all times and such ballot boxes or containers shall not be opened nor shall such ballots be counted until the polls are closed. After the close of the polls 4510 JOURNAL OF THE HOUSE in each of the precincts in the pilot project, a random sample of the permanent paper records created by the DRE units shall be counted at each precinct under the direction of the poll manager in accordance with this subsection. (3) After the polls have closed and all voting in the precinct has ceased, the poll manager shall shut down the DRE units and extract the election results from each unit as follows: (A) The manager shall obtain at least three results tapes from each DRE unit and verify that the number of ballots cast as recorded on the tapes matches the public count number as displayed on the DRE unit; and (B) The manager shall then extract the memory card from each DRE unit. (4) Upon completion of shutting down each DRE unit and extracting the election results, the manager shall cause to be completed and signed a ballot recap form, in sufficient counterparts, showing: (A) The number of valid ballots; (B) The number of spoiled and invalid ballots; (C) The number of provisional ballots; and (D) The number of unused provisional ballots and any other unused ballots. The manager shall cause to be placed in the ballot supply container one copy of the recap form and any unused, defective, spoiled, and invalid ballots. (5) The manager shall collect and retain the zero tape and one of the results tapes for each DRE unit and place such tapes with the memory card for each unit and enclose all such items for all of the DRE units used in the precinct in one envelope which shall be sealed and initialed by the manager so that it cannot be opened without breaking the seal. (6) After collecting the tapes from the DRE units, the manager shall randomly select one contested race from the ballot for a hand count. Such selection shall be made by listing all of the contested races on the ballot individually on uniform sized slips of paper, uniformly folding such slips of paper such that the name of the race cannot be seen, placing the slips of paper into a container and mixing the slips thoroughly, and then drawing from the container one slip of paper. Upon drawing the slip of paper, the manager shall then announce the race that will be hand counted. The slips of paper shall be available for examination by any member of the public who desires to do so. (7) After randomly selecting the race for a hand count, the manager or a poll officer under the direction of the manager shall unlock the ballot boxes containing the permanent paper records and shall count the number of records in such ballot boxes which number shall then be entered onto a recap sheet and compared to the number of persons shown as having voted on the electors list, the numbered list of voters, and the voters certificates. Any discrepancy shall be duly noted. (8) After completing the count of the number of permanent paper records contained in the ballot boxes, the manager shall then proceed to count the votes cast in the randomly selected race as shown on the records. Such count shall be performed in the same manner as for paper ballots as provided in Code Section 21-2-437 for the FRIDAY, MARCH 24, 2006 4511 randomly selected race. Upon the conclusion of the count, the manager or a poll officer under the direction of the manager shall record the results of the hand count on the return sheet and shall compare the results for the race to the results shown on the tapes from the DRE units for such race. In the event of a discrepancy in the count between the totals for such race, the manager or a poll officer under the direction of the manager shall post the results of the hand count and one set of return tapes from the DRE units, noting any discrepancies found, at the polling place for the information of the public. (9) After performing the hand count of the race or races, the manager shall cause the permanent paper records to be securely sealed in the ballot box and shall seal the return sheets, tally sheets, one set of return tapes, and other completed forms in an envelope for transfer to the election superintendent. (10) The manager and one poll worker shall then deliver the ballot boxes and envelopes to the tabulating center for the county or municipality or to such other place designated by the superintendent and shall receive a receipt therefor. The copies of the recap forms, unused ballots, records, and other materials shall be returned to the designated location and retained as provided by law. (11) Upon receipt of the sealed envelope containing the zero tapes, results tapes, and memory cards, the election superintendent shall verify the signatures on the envelope. Once verified, the superintendent shall break the seal of the envelope and remove its contents. The superintendent shall then download the results stored on the memory card from each DRE unit into the election management system located at the central tabulation point of the county in order to obtain election results for certification. (12) In the event of a discrepancy between the hand count totals from the precincts and the totals from the DRE memory cards, the superintendent shall use the hand count totals as the official results. The superintendent shall immediately make the public aware of any such discrepancy by posting notice of such discrepancy at his or her office for the information of the public and on the official website of the county or municipality on which the county or municipality posts election returns if the county or municipality has such a website. The superintendent shall note on the official returns for the primary, election, or runoff, as appropriate, the vote totals that are based, in whole or in part, on hand counts as a result of a discrepancy between the hand count and the machine totals. (d) In addition to the count performed at the close of the polls, the Secretary of State shall cause a complete manual audit to be performed on each DRE unit used in the pilot project for voting within 30 days following the 2006 November general election and within 30 days of any runoff of such election. The audit shall compare the results of the permanent paper records from each DRE unit with the electronic record recorded by the DRE unit. The results of such audits shall be made available to the public upon the completion of the audits. (e) The Secretary of State shall provide the DRE units and all necessary software, supplies, training, and support for the pilot project. 4512 JOURNAL OF THE HOUSE (f) The State of Georgia shall provide the funding needed to implement such pilot project. Implementation of such pilot project shall be dependent upon such funding. (g) This Code section shall be repealed by operation of law on January 1, 2007." SECTION 3. Within 45 days after the election, the Secretary of State shall conduct a public hearing in each of the pilot areas. A summary of the findings as well as the comments received shall be submitted to the General Assembly and made available to the general public. SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representatives Drenner of the 86th and Franklin of the 43rd move to amend the Committee substitute to SB 500 by inserting after "amended" on line 17 on page 1 the following: by adding new paragraphs (6.1), (6.2), (6.3), and (6.4) to Code Section 21-2-379.1, relating to requirements for use of electronic recording voting systems, to read as follows: (6.1) It shall produce an elector verified, permanent paper record of the votes cast by each elector with a manual audit capacity for such system which shall be available for any recount conducted under Code Section 21-2-495 or for any election challenge under Article 13 of this chapter involving any primary or election in which such system is used; (6.2) It shall provide the elector with an opportunity to review the permanent paper record privately and independently before casting his or her vote on the system and to change his or her ballot or correct any error in such record or vote; provided, however, that it shall not allow the elector to have actual physical possession of such record; (6.3) Each DRE unit shall bear a unique identifying number; (6.4) Each DRE unit shall be equipped with a storage device that: (A) Stores each of the elector verified, permanent paper records at the same time as such elector's votes are stored electronically by the DRE unit; (B) Bears the same unique identifying number as the DRE unit to which it is attached; and (C) Can be removed from the DRE unit for the purpose of transporting the permanent paper records contained therein to a central tabulating center;. FRIDAY, MARCH 24, 2006 4513 SECTION 3. Said part is further amended by striking subsection (b) of Code Section 21-2-379.10, relating to procedure for electors using DRE units, and inserting in lieu thereof a new subsection (b) to read as follows: (b) After the summary screen is displayed and the elector desires to make no further changes to his or her votes, the elector shall be notified that he or she is about to cast the ballot. The Prior to the elector casting his or her vote on the unit, the unit shall print a permanent paper record of the elector's votes. The elector shall then review such permanent paper record and, if such record is correct, the elector shall then press the appropriate button on the unit or location on the screen to actually cast his or her ballot and cause such votes to be recorded, which shall also cause the permanent paper record to be deposited in a ballot box or other secure container. If the votes shown on the permanent paper record are incorrect, the unit shall allow the elector to correct such error or errors by rejecting and voiding the permanent paper record that was printed and changing such elector's votes on the unit. After making such corrections, the unit shall print a new permanent paper record for the elector's review. If the new record is correct, the elector shall then press the appropriate button on the unit or location on the screen to actually cast his or her ballot. If the new record is incorrect, the unit shall allow the elector to reject and void the new permanent paper record and again change the elector's votes on the unit. After making such corrections, the unit shall print a permanent paper record of the elector's votes and shall cause the elector's ballot to be cast and such votes to be recorded. The elector shall only be allowed to adjust his or her votes three times before casting the ballot. After pressing the appropriate button on the unit or location on the screen to cast the ballot, the elector's vote shall be final and shall not be subsequently altered. The permanent paper records shall be secured in locked ballot boxes or other secure containers at all times and such ballot boxes or containers shall not be opened nor shall such ballots be counted unless and until required to be counted pursuant to a recount or an election contest proceeding. Said part is further amended. SECTION 4. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Abdul-Salaam N Amerson Anderson Y Ashe N Barnard N Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Crawford N Cummings N Davis N Day Y Dean N Dickson Dodson E Dollar Y Drenner Y Dukes N Hill, C.A Y Holmes N Holt N Horne N Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Martin Maxwell N May McCall McClinton N Meadows N Millar N Mills Mitchell Y Morgan Y Sailor N Scheid N Scott, A N Scott, M N Setzler Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield 4514 JOURNAL OF THE HOUSE Black Y Bordeaux Y Borders N Bridges Y Brooks N Brown Y Bruce Y Bryant Y Buckner, D N Buckner, G Burkhalter Burmeister N Burns E Butler N Byrd N Carter Casas Y Chambers N Channell Y Cheokas N Coan N Cole Coleman, B Coleman, T N Cooper N Cox N Ehrhart N England Y Epps N Everson N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster Y Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T E Greene N Hanner Harbin N Hatfield N Heard, J Y Heard, K E Heckstall N Hembree Y Henson N Hill, C 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 Lane, B N Lane, R N Lewis N Lindsey Y Lord N Loudermilk Y Lucas Lunsford N Maddox Y Mangham N Manning Y Marin E Morris Y Mosby N Mosley Y Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver Y O'Neal Y Orrock N Parham N Parrish N Parsons N Porter Y Powell N Ralston Y Randall Ray Y Reece, B N Reece, S N Reese N Rice N Roberts N Rogers N Royal N Rynders N Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 63, nays 91. 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 Y Amerson Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson E Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Martin Maxwell Y May McCall McClinton Y Meadows Y Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby 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 FRIDAY, MARCH 24, 2006 4515 Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns E 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 Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D 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 Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R 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. Representatives Forster of the 3rd and Maxwell of the 17th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. SB 505. By Senators Balfour of the 9th, Unterman of the 45th and Shafer of the 48th: A BILL to be entitled an Act to amend Code Section 7-1-1001 of the Official Code of Georgia Annotated, relating to exemptions for certain persons from the requirement of obtaining a mortgage broker or mortgage lender license, so as to exempt certain exclusive agents of licensed mortgage brokers or lenders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Pursuant to Rule 133, Representatives Hill of the 21st and Murphy of the 23rd were excused from voting on SB 505. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 4516 JOURNAL OF THE HOUSE On the passage of the Bill, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Amerson Anderson N Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague N Benfield Benton Y Black N Bordeaux Y Borders Y Bridges Y Brooks Y Brown N Bruce Y Bryant Y Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns E Butler Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson E Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Hatfield Y Heard, J N Heard, K E Heckstall Y Hembree N Henson Hill, C Y Hill, C.A N Holmes Y Holt Y Horne N Houston N Howard, E Y Hudson N Hugley N Jackson Y Jacobs Y James N Jamieson Y Jenkins Y Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Knox N Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin E Martin Y Maxwell Y May Y McCall McClinton Meadows Y Millar Y Mills Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter N Powell Y Ralston N Randall Y Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Tumlin Y Walker Y Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 113, nays 45. The Bill, having received the requisite constitutional majority, was passed. HR 1856. By Representatives Cummings of the 16th, Richardson of the 19th, Burkhalter of the 50th, Keen of the 179th, Porter of the 143rd and others: A RESOLUTION authorizing the placement in the Capitol of a portrait of former Speaker of the House Thomas B. Murphy; and for other purposes. FRIDAY, MARCH 24, 2006 4517 Representative Coleman of the 144th asked unanimous consent that the Speaker direct the Clerk to cause the record to reflect the unanimous adoption of HR 1856. It was so ordered. The Resolution, having received the requisite constitutional majority, was adopted. SB 135. By Senators Smith of the 52nd, Hill of the 32nd, Grant of the 25th, Kemp of the 46th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, so as to provide for procedures related to jurisdiction and indictment for children charged with crimes within the jurisdiction of superior courts; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, so as to provide for juvenile justice reforms; to provide for certain facilities that are detaining certain children to notify certain officials of the detention; to provide for procedures related to jurisdiction and indictment for children charged with crimes within the jurisdiction of superior courts; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, is amended by adding a new Code section to the end of Article 1, relating to general provisions, to read as follows: "17-7-3. The official in charge of any facility in which a child is detained pending trial in the superior, state, or juvenile courts, including but not limited to sheriffs, regional jail authorities, and the Department of Juvenile Justice, shall furnish at least once a week a list of all children so detained to the chief judge, or his or her designee, and the prosecuting attorney for the court or courts having jurisdiction to adjudicate the case against the child. The list shall include the following information pertaining to each child: (1) The child's name; (2) The date of arrest; 4518 JOURNAL OF THE HOUSE (3) The offense charged or other reason for being held; (4) The amount of the bond, if known; and (5) Whether the child is represented by an attorney and, if represented, the name of the attorney." SECTION 2. Said chapter is further amended by adding a new Code section to Article 3, relating to indictments, to read as follows: "17-7-50.1. (a) Any child who is charged with a crime that is within the jurisdiction of the superior court, as provided in Code Section 15-11-28 or 15-11-30.2, who is detained shall within 180 days of the date of detention be entitled to have the charge against him or her presented to the grand jury. The superior court shall, upon motion for an extension of time and after a hearing and good cause shown, grant one extension to the original 180 day period, not to exceed 90 additional days. (b) If the grand jury does not return a true bill against the detained child within the time limitations set forth in subsection (a) of this Code section, the detained child's case shall be transferred to the juvenile court and shall proceed thereafter as provided in Chapter 11 of Title 15. (c) The provisions of this Code section shall not apply to any case in which the prosecuting attorney files notice with the court that the detained child is a codefendant to a case in which an adult is charged with committing the same offense and the state has filed a notice of its intention to seek the death penalty." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson E Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P FRIDAY, MARCH 24, 2006 4519 E Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Everson 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 E Heckstall Y Hembree Y Henson Y Hill, C 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 Rogers Y Royal Y Rynders Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the 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 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 Speaker Pro Tem assumed the Chair. SB 606. By Senators Douglas of the 17th, Grant of the 25th and Schaefer of the 50th: A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to prohibit disruptive conduct at funerals, memorial services, or funeral processions; to provide for legislative intent; to provide for the elements of such offense; to provide for a criminal penalty; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL 4520 JOURNAL OF THE HOUSE To amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to prohibit disruptive conduct at funerals or memorial services; to provide for legislative intent; to provide for the elements of such offense; to provide for a criminal penalty; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, is amended by adding a new Code Section 1611-34.2 to read as follows: "16-11-34.2. (a) The General Assembly declares that the interest of persons in planning, participating in, and attending a funeral or memorial service for a deceased relative or loved one without unwanted impediment, disruption, disturbance, or interference is a substantial interest and the General Assembly further recognizes the need to impose content neutral time, place, and manner restrictions on unwanted acts carried out with the intent to impede, disrupt, disturb, or interfere with such funeral or memorial service. (b) It shall be unlawful to engage in any disorderly or disruptive conduct with the intent to impede, disrupt, disturb, or interfere with the orderly conduct of any funeral or memorial service or with the normal activities and functions carried on in the facilities or buildings where such funeral or memorial service is taking place. Any or all of the following shall constitute such disorderly or disruptive conduct: (1) Displaying any visual images that convey fighting words or actual or imminent threats of harm directed to any person or property associated with said funeral or memorial service within 500 feet of the ceremonial site or location being used for the funeral or memorial service at any time one hour prior to, during, or one hour after the posted time for said funeral or memorial service; (2) Uttering loud, threatening, or abusive language or singing, chanting, whistling, or yelling with or without noise amplification including, but not limited to, bullhorns, automobile horns, and microphones, such as would tend to impede, disrupt, disturb, or interfere with a funeral or memorial service within 500 feet of the ceremonial site or location being used for the funeral or memorial service; (3) Attempting to block or blocking pedestrian or vehicular access to the ceremonial site or location being used for a funeral or memorial service at any time one hour prior to, during, or one hour after the posted time for said funeral or memorial service; or (4) Conducting a public assembly, parade, demonstration, or other like event, either fixed or processional, within 500 feet of the ceremonial site or location being used for a funeral or memorial service at any time one hour prior to, during, or one hour after the posted time for said funeral or memorial service. (c) Any person who violates any provision of subsection (b) of this Code section shall be guilty of a misdemeanor." FRIDAY, MARCH 24, 2006 4521 SECTION 2. This Act shall become effective on July 1, 2006, and shall apply to all offenses committed on or after such date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Bordeaux of the 162nd moves to amend the Committee substitute to SB 606 as follows: On page 2: 1) on line 7, insert "or" after the semicolon; 2) on line 10, delete "; or"; 3) delete lines 11 through 14, inclusive. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard N Barnes N Bearden 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 N Buckner, G Burkhalter N Burmeister N Burns N Butler N Byrd N Carter Casas N Chambers N Channell N Cheokas Crawford Y Cummings N Davis Y Day Y Dean N Dickson N Dodson E Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming Y Floyd, H Floyd, J Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T E Greene N Hanner N Harbin Y Hatfield N Hill, C.A Y Holmes N Holt N Horne N Houston Y Howard, E Hudson Y Hugley Y Jackson N Jacobs Y James Jamieson 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 E Lane, R N Lewis Y Lindsey Lord N Loudermilk N Martin N Maxwell N May N McCall McClinton N Meadows N Millar N Mills Mitchell Y Morgan N Morris Y Mosby Y 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 Sailor N Scheid N Scott, A N Scott, M N Setzler N Shaw Sheldon Y Sims, C Sims, F Sinkfield Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin Walker Y Warren Y Watson Wilkinson N Willard 4522 JOURNAL OF THE HOUSE N Coan N Cole N Coleman, B Y Coleman, T N Cooper N Cox N Heard, J Y Heard, K E Heckstall N Hembree Y Henson N Hill, C Y Lucas N Lunsford N Maddox Y Mangham N Manning Y Marin N Reese Rice N Roberts N Rogers N Royal N Rynders Y Williams, A Y Williams, E N Williams, R N Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 54, nays 98. The amendment was lost. Representative Jenkins of the 8th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. The following amendment was read: Representatives Bordeaux of the 162nd and Lane of the 167th move to amend the Committee substitute to SB 606 as follows: On page 1, lines 21 and 22, delete the phrase: "Any or all of the following shall constitute such disorderly or disruptive conduct:" and insert in lieu thereof the following: "'Disorderly or disruptive conduct' shall include". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard N Barnes N Bearden Beasley-Teague Y Benfield N Benton N Black Y Bordeaux N Borders N Bridges Y Brooks N Brown N Crawford N Cummings N Davis N Day Y Dean N Dickson N Dodson E Dollar Y Drenner Dukes N Ehrhart N England Y Epps N Everson N Fleming Y Floyd, H N Hill, C.A Y Holmes N Holt N Horne N Houston Y Howard, E N Hudson Y Hugley Y Jackson N Jacobs Y James Jamieson N Jenkins N Jennings Y Johnson N Jones, J N Martin N Maxwell N May N McCall McClinton N Meadows N Millar N Mills Mitchell Y Morgan N Morris Y Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q Sailor N Scheid N Scott, A N Scott, M N Setzler N Shaw N Sheldon N Sims, C Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V FRIDAY, MARCH 24, 2006 4523 Y Bruce Y Bryant N Buckner, D N 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 N Coleman, B Y Coleman, T N Cooper N Cox Floyd, J Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T E Greene N Hanner N Harbin N Hatfield N Heard, J Y Heard, K E Heckstall N Hembree Y Henson N Hill, C Y Jones, S Y Jordan N Keen N Keown Y Kidd N Knight N Knox N Lakly N Lane, B E Lane, R N Lewis N Lindsey N Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham N Manning Y Marin N Neal Y Oliver Y 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 Rice N Roberts N Rogers N Royal Y Rynders Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M N Thomas, B N Tumlin N Walker Y Warren Y Watson Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 49, nays 112. The amendment was lost. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown Bruce Y Bryant Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson Y Dodson E Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Floyd, J Fludd Y Hill, C.A N Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley N Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S N Jordan Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Mitchell N 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 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 4524 JOURNAL OF THE HOUSE 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 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 Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 144, nays 15. The Bill, having received the requisite constitutional majority, was passed, by substitute. The Speaker assumed the Chair. The Speaker announced the House in recess until 1:45 o'clock, this afternoon. FRIDAY, MARCH 24, 2006 4525 AFTERNOON SESSION The Speaker called the House to order. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has disagreed to the House amendment to the following bill of the Senate: SB 209. By Senators Stoner of the 6th, Butler of the 55th, Pearson of the 51st and Hill of the 32nd: A BILL to be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to change the time period for issuance of a commission order after a hearing regarding a gas supply plan and adjustment factors filed by a gas utility; to repeal conflicting laws, and for other purposes. The Senate insists on its substitute to the following bill of the House: HB 1257. By Representatives Knox of the 24th, Maxwell of the 17th, Meadows of the 5th and Watson of the 91st: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselor's license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; 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 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 act as a waiver under certain circumstances; to change certain provisions 4526 JOURNAL OF THE HOUSE relating to confidentiality; 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: Smith of the 52nd, Carter of the 13th, and Harp of the 29th. The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House: HB 173. By Representative Lunsford of the 110th: A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Seabaugh of the 28th, Chance of the 16th, and Whitehead of the 24th. The Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the House: HB 1032. By Representatives Lunsford of the 110th, Ralston of the 7th, Forster of the 3rd, England of the 108th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide for certain restrictions on the issuance of such permit; to provide for a background check for permit renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; 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: Seabaugh of the 28th, Rogers of the 21st, and Wiles of the 37th. The Senate adheres to its amendments and has appointed a Committee of Conference on the following bill of the House: FRIDAY, MARCH 24, 2006 4527 HB 81. By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Jackson of the 161st and Scott of the 2nd: A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to provide that, with respect to all homestead exemptions, the unremarried surviving spouse of a deceased spouse who has been granted a homestead exemption shall continue to receive that exemption so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Reed of the 35th, Chance of the 16th, and Johnson of the 1st. 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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 1558 SB 427 SB 533 SB 547 Do Pass Do Pass, by Substitute Do Pass, by Substitute Do Pass SB 563 SB 588 SB 622 SB 638 Do Pass Do Pass, by Substitute Do Pass Do Pass, by Substitute Respectfully submitted, /s/ Willard of the 49th Chairman The following Resolutions of the House were read: HR 2004. By Representatives Morgan of the 39th, Teilhet of the 40th and Wix of the 33rd: A RESOLUTION congratulating and commending Christian Family Fellowship Baptist Church; and for other purposes. 4528 JOURNAL OF THE HOUSE HR 2005. By Representative Reece of the 27th: A RESOLUTION recognizing and commending John Shiraishi of the Kubota Manufacturing of America Corporation (KMA); and for other purposes. HR 2006. By Representatives Burns of the 157th, Richardson of the 19th, Carter of the 159th and Coleman of the 144th: A RESOLUTION remembering Dr. Ray Webb for his contributions to the Effingham County community; and for other purposes. HR 2007. By Representatives Reece of the 11th, Cummings of the 16th, Smith of the 13th and Loudermilk of the 14th: A RESOLUTION commending Jessica Leigh Tidwell on her selection as the STAR student for Pepperell High School; and for other purposes. HR 2008. By Representative Rice of the 51st: A RESOLUTION honoring Alan Bennett; and for other purposes. HR 2009. By Representatives Tumlin of the 38th, Teilhet of the 40th, Wix of the 33rd, Parsons of the 42nd and Cooper of the 41st: A RESOLUTION commending Johnny Johnson; and for other purposes. HR 2010. By Representative Coan of the 101st: A RESOLUTION commending and recognizing Megan Ward on earning the Girl Scouts of America Gold Award; and for other purposes. HR 2011. By Representatives Reece of the 11th, Cummings of the 16th and Loudermilk of the 14th: A RESOLUTION commending Ms. Deborah Bennett, Rome City Schools Teacher of the Year; and for other purposes. HR 2012. By Representatives Reece of the 11th, Cummings of the 16th, Smith of the 13th and Loudermilk of the 14th: A RESOLUTION commending Ms. Heather Willis, Floyd County School System Teacher of the Year; and for other purposes. FRIDAY, MARCH 24, 2006 4529 HR 2013. By Representative Parrish of the 156th: A RESOLUTION commending Ricky Dean Stevens; and for other purposes. HR 2014. By Representatives Cheokas of the 134th, Porter of the 143rd, Coleman of the 144th, Warren of the 122nd, Kidd of the 115th and others: A RESOLUTION commending Jimmy Skipper; and for other purposes. HR 2015. By Representatives Floyd of the 99th, Marin of the 96th and Thomas of the 100th: A RESOLUTION commending Charles Tyler Crump on becoming an Eagle Scout; and for other purposes. HR 2016. By Representatives Floyd of the 99th, Marin of the 96th and Thomas of the 100th: A RESOLUTION commending Christopher John Hudgins on becoming an Eagle Scout; and for other purposes. HR 2017. By Representatives Williams of the 165th, Lane of the 167th, Lane of the 158th and Barnard of the 166th: A RESOLUTION expressing regret at the passing of Lewis M. Groover, Jr.; and for other purposes. HR 2018. By Representatives Williams of the 165th, Lane of the 167th, Lane of the 158th and Barnard of the 166th: A RESOLUTION expressing regret at the passing of Dupont K. Cheney; and for other purposes. HR 2019. By Representatives Davis of the 109th and Lunsford of the 110th: A RESOLUTION commending Dr. Samuel J. Lorenzo; and for other purposes. HR 2020. By Representatives Thomas of the 55th, Sinkfield of the 60th, Brooks of the 63rd and Dean of the 59th: A RESOLUTION expressing regret at the passing of Harold Lewis; and for other purposes. 4530 JOURNAL OF THE HOUSE HR 2021. By Representatives Lunsford of the 110th, Yates of the 73rd and Knight of the 126th: A RESOLUTION congratulating Mr. Lewis John Zolnik on the occasion of his 85th birthday; and for other purposes. HR 2022. By Representatives Reece of the 11th, Cummings of the 16th, Smith of the 13th and Loudermilk of the 14th: A RESOLUTION commending Ms. Ann Burgess on being selected as the Armuchee High School STAR teacher; and for other purposes. HR 2023. By Representatives Reece of the 11th, Cummings of the 16th and Loudermilk of the 14th: A RESOLUTION commending Mr. Randall Young on being selected as the Coosa High School STAR teacher; and for other purposes. HR 2024. By Representatives Reece of the 11th, Cummings of the 16th, Smith of the 13th and Loudermilk of the 14th: A RESOLUTION commending Ms. Alana Ellenburg on being selected as the Pepperell High School STAR teacher; and for other purposes. HR 2025. By Representatives Kidd of the 115th, Heard of the 114th, Smith of the 113th, Wilkinson of the 52nd, Meadows of the 5th and others: A RESOLUTION remembering and honoring the life of Mr. William "Bill" Coleman Hartman, Jr.; and for other purposes. HR 2026. By Representatives Lunsford of the 110th, Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Fleming of the 117th and others: A RESOLUTION commending Honorable and Mrs. John P. Yates; and for other purposes. HR 2027. By Representative Richardson of the 19th: A RESOLUTION commending those Georgia State University law students who served as the first Speaker's Law Student Externs during the 2006 regular session; and for other purposes. FRIDAY, MARCH 24, 2006 4531 HR 2028. By Representatives Jamieson of the 28th, Oliver of the 83rd, Benfield of the 85th, Houston of the 170th, Porter of the 143rd and others: A RESOLUTION commending Honorable Karla Drenner; and for other purposes. HR 2029. By Representatives Cooper of the 41st, Harbin of the 118th, Fleming of the 117th and Burmeister of the 119th: A RESOLUTION commending Dr. Richard Jadick; and for other purposes. HR 2030. By Representatives Floyd of the 147th and Rynders of the 152nd: A RESOLUTION commending the Georgia Peanut Festival; and for other purposes. HR 2031. By Representatives Reece of the 11th, Cummings of the 16th, Smith of the 13th and Loudermilk of the 14th: A RESOLUTION commending Mr. Donald Sweeney on being selected as the STAR teacher for Rome; and for other purposes. HR 2032. By Representative Reece of the 11th: A RESOLUTION commending Ms. Jennie Starr, the Chattooga County School System Teacher of the Year; and for other purposes. HR 2033. By Representative Reece of the 11th: A RESOLUTION congratulating Mrs. Fannie F. Miracle on the occasion of her 101st birthday; and for other purposes. HR 2034. By Representatives Reece of the 11th, Cummings of the 16th and Loudermilk of the 14th: A RESOLUTION commending Ivan Batishchev on his selection as the STAR student for Rome High School; and for other purposes. HR 2035. By Representatives Reece of the 11th, Cummings of the 16th, Smith of the 13th and Loudermilk of the 14th: A RESOLUTION commending Betsy Ann Hardin on her selection as the STAR student for Floyd County; and for other purposes. 4532 JOURNAL OF THE HOUSE HR 2036. By Representatives Reece of the 11th, Cummings of the 16th, Smith of the 13th and Loudermilk of the 14th: A RESOLUTION commending Clark McGehee on his selection as the STAR student for Rome; and for other purposes. HR 2037. By Representative Reece of the 11th: A RESOLUTION commending Catherine Farrar of the Trion High School debate team; and for other purposes. HR 2038. By Representatives Reece of the 11th, Cummings of the 16th, Smith of the 13th and Loudermilk of the 14th: A RESOLUTION commending Mr. Richard Pease on being selected as the Rome High School STAR teacher; and for other purposes. On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: Abdul-Salaam Amerson Y Anderson Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Brown Y Bruce Y Bryant Y Buckner, D Buckner, G Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter Casas Chambers Y Channell Y Cheokas Crawford Y Cummings Davis Day Dean Y Dickson Dodson Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Graves, T E Greene Hanner Y Harbin Y Hatfield Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Y Hudson Hugley Jackson Y Jacobs James Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Jones, S Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Lakly Y Lane, B E Lane, R Lewis Y Lindsey Y Lord Y Loudermilk Martin Y Maxwell May McCall McClinton Y Meadows Millar Y Mills Mitchell Morgan Y Morris Mosby E Mosley Y Mumford Y Murphy, J Y Murphy, Q Neal Oliver O'Neal Y Orrock Y Parham Y Parrish Parsons Porter Y Powell Y Ralston Randall Y Ray Reece, B Y Reece, S Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Sheldon Y Sims, C Y Sims, F Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R E Smith, T E 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 Willard FRIDAY, MARCH 24, 2006 4533 Coan Y Cole Y Coleman, B Y Coleman, T Cooper Cox Y Heard, J Y Heard, K E Heckstall Y Hembree Henson Hill, C Lucas Y Lunsford Y Maddox Mangham Y Manning Marin Y Reese Y Rice Roberts Y Rogers Y Royal Y Rynders Y Williams, A Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the adoption of the Resolutions, the ayes were 104, nays 0. The Resolutions were adopted. 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. 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 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. 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 Amerson Y Anderson Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Bordeaux E Borders Bridges Y Brooks Y Brown Crawford Y Cummings Y Davis Y Day Dean Dickson Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Y Hudson Hugley Jackson Y Jacobs James Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Martin Y Maxwell May McCall McClinton Y Meadows Millar Y Mills Mitchell Morgan Y Morris Mosby E Mosley Y Mumford Y Murphy, J Y Murphy, Q Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Sheldon E Sims, C Y Sims, F Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R E Smith, T E Smith, V 4534 JOURNAL OF THE HOUSE Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Burns Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Floyd, J Y Fludd 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 E Heckstall Y Hembree Henson Y Hill, C Jones, S Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Y Neal Oliver Y O'Neal Y Orrock Y Parham Y Parrish Parsons Porter Y Powell Y Ralston Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 119, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Burns of the 157th 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. SB 396. By Senators Goggans of the 7th, Johnson of the 1st, Williams of the 19th, Whitehead, Sr. of the 24th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as a defense to certain crimes, so as to provide that a person who is attacked has no duty to retreat; to provide that such person has a right to meet force with force, including deadly force; to provide for an immunity from prosecution; to 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 Crawford Y Cummings Y Davis Y Day Y Hill, C.A N Holmes Y Holt Y Horne Y Martin Y Maxwell Y May Y McCall N Sailor Y Scheid Y Scott, A Y Scott, M FRIDAY, MARCH 24, 2006 4535 Y Barnard Barnes Y Bearden Beasley-Teague N Benfield Y Benton Y Black N Bordeaux E Borders Y Bridges N Brooks Y Brown N Bruce N Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox N Dean Y Dickson Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K E Heckstall Y Hembree N Henson Y Hill, C Y Houston N Howard, E Y Hudson N Hugley Jackson N Jacobs N James 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 E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox Mangham Manning N Marin McClinton Y Meadows Millar Y Mills Mitchell Morgan Y Morris N Mosby E Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Setzler Shaw Y Sheldon E Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Warren N Watson Wilkinson N Willard N Williams, A N Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 115, nays 42. 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. Representatives Mangham of the 94th, Morgan of the 39th, and Sinkfield of the 60th 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. 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 150. By Senators Zamarripa of the 36th, Williams of the 19th, Reed of the 35th, Moody of the 56th, Adelman of the 42nd and others: 4536 JOURNAL OF THE HOUSE A BILL to be entitled an Act to provide a short title; to amend Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the State Road and Tollway Authority, so as to provide that the authority shall implement a program to provide for the development and expansion of streetcar transportation and attendant economic and community development opportunities; to provide for related matters; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To provide a short title; to amend Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the State Road and Tollway Authority, so as to provide that the authority shall implement a program to provide for the development and expansion of streetcar transportation and attendant economic and community development opportunities; to prohibit issuance of state bonds for funding; to provide for related matters; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Georgia Community Streetcar Development and Revitalization Act." SECTION 2. Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the State Road and Tollway Authority, is amended by adding immediately following Code Section 32-10-75 a new Code Section 32-10-76 to read as follows: "32-10-76. (a) As used in this Code section, the term: (1) 'Local government authority' and 'state' mean the same as under 49 U.S.C. Section 5302. (2) 'Public-private project initiative' means a local or regional streetcar project which is proposed and advanced by a cooperative entity or sponsor that involves a combined public and private sector financing and development structure which includes not for profit entities. (3) 'Streetcar' includes, but is not limited to, a rail transit vehicle, including a modern, antique, or reproduction vehicle, that is designed to fit the scale and traffic patterns of FRIDAY, MARCH 24, 2006 4537 the neighborhoods through which it travels and operates at lower speeds generally in existing rights of way through mixed traffic, with frequent stops. (b) The authority shall establish and implement a five-year grant program to provide assistance to local governmental authorities as well as a public-private project initiative for the capital, technical, and start-up costs of development and expansion of streetcar transportation and attendant economic and community development opportunities. The five-year grant program shall begin when funding becomes available for such purposes. The five-year grant program may be renewed at the end of each five-year period, consistent with the provisions of this Code section. (c) The authority will work closely with the formation of a pilot program and will provide a state-level flow through point for any available federal funding or other forms of financial and development sources and assistance for local, regional, and publicprivate streetcar projects. (d) The authority shall consider the following factors in its selection of projects that will be implemented by this pilot program: (1) The project is ripe for development, construction, and operation; (2) The project application demonstrates strong local and private sector financial participation in the project; (3) The project will foster redevelopment opportunities adjacent to the streetcar line for which assistance is being sought; (4) The project includes the financial participation of the private owners of real property abutting the streetcar line, with the exception of owner occupied residential properties, for some of the capital costs of the project; (5) The project application demonstrates that development or redevelopment agreements are in place with respect to the project and land planning policies complimentary to the project have been adopted for land in close proximity to the streetcar line, including the availability of property zoned to accommodate mixed use development adjacent to the streetcar line; (6) The project application demonstrates either how redeveloping or new neighborhoods on vacant or underutilized land will be connected by the project to each other or to major attractors in the central city where the project will be carried out or how circulator or connector lines under the project will connect developed neighborhoods with one another or with the business district in the central city; (7) The project has demonstrated desirable levels of local financial and linking resources commitment; and (8) The project may include, and is encouraged to include, a public-private project initiative and organizational structure or sponsor. (e) The authority will coordinate with all appropriate metropolitan, regional, and municipal planning and development agencies where projects may be pursued and will coordinate with the Georgia Regional Transportation Authority and appropriate local transit agencies in the development, funding, and implementation of various streetcar projects. 4538 JOURNAL OF THE HOUSE (f) In order to receive grant assistance under this Code section, a sponsor of a project must submit to the authority an application that includes a detailed operating plan for the streetcar line for which such assistance is being sought, including the frequency of service, hours of operation, stop locations, and demonstration of the financial capacity of the sponsor to operate the streetcar line. (g) A project for which grant assistance may be provided under this Code section may include streetscaping, signalization modifications, and other modifications to the road system or other public rights of way on which the project is to be carried out; acquisition of streetcars; and project construction, design, and engineering." SECTION 3. Said part is further amended by adding immediately following Code Section 32-10-76 a new Code Section 32-10-77 to read as follows: "32-10-77. No funding by issuing bonds or any other state funds for streetcar projects shall be allowed by any state entity or authority, including, but not limited to, the Department of Transportation or the State Road and Tollway Authority, or any other subsidiary of the state, without specific prior approval by passage of a general Act by the General Assembly." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. This Act specifically repeals Ga. L. 2004, p. 898, Section 2. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Jacobs of the 80th and Smith of the 129th move to amend the Committee substitute to SB 150 by striking line 20 of page 3 and inserting in lieu thereof the following: No funding by issuing bonds, any other state funds, or federal funds administered by the Department of Transportation shall be allowed for streetcar projects. The following amendment was read: Representative Davis of the 109th moves to amend the Committee substitute to SB 150 by inserting on line 5 of page 1, after "opportunities;" the following: FRIDAY, MARCH 24, 2006 4539 to require a referendum for the establishment of certain commuter rail projects; By striking lines 17 and 18 of page 3 and inserting in lieu thereof the following: Said part is further amended by adding immediately following Code Section 32-10-76 two new Code sections to read as follows: By striking line 24 of page 3 and inserting in lieu thereof the following: Assembly. 32-10-78. No streetcar or commuter rail project may be established that would require a county or municipality to fund such project, initially or subsequent to initial service, for operation and maintenance costs, wholly or partially, with local fees, local assessments, or local taxes levied and collected within the county or municipality, unless such project is approved by a majority of the qualified electors voting in such county or municipality in a special election which shall be called and conducted by the election superintendent of such county or municipality. Representative Gardner of the 57th moved that the Davis amendment be printed and placed upon the desks. 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 Y Beasley-Teague Y Benfield N Benton Y Black Y Bordeaux E Borders N Bridges Y Brooks Y Brown Y Bruce N Bryant Y Buckner, D Y Buckner, G N Burkhalter Y Burmeister N Burns Crawford Y Cummings N Davis Day Y Dean N Dickson Dodson Y Dollar Y Drenner Y Dukes Ehrhart N England Y Epps N Everson Y Fleming Y Floyd, H E Floyd, J Fludd Forster N Franklin N Freeman Y Gardner N Geisinger N Hill, C.A Y Holmes Y Holt N Horne N Houston Y Howard, E N Hudson Y Hugley Y Jackson N Jacobs Y James 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 Y Martin N Maxwell N May Y McCall McClinton N Meadows Millar N Mills Mitchell Morgan N Morris Y Mosby E Mosley N Mumford N Murphy, J N Murphy, Q N Neal Y Oliver N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Sailor N Scheid N Scott, A N Scott, M N Setzler Shaw Y Sheldon N Sims, C N Sims, F Y Sinkfield Y Smith, B N Smith, L N Smith, P N Smith, R Smith, T N Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M 4540 JOURNAL OF THE HOUSE N Butler N Byrd N 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 N Graves, D N Graves, T E Greene Y Hanner N Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall N Hembree Y Henson N Hill, C N Lakly N Lane, B E Lane, R N Lewis N Lindsey N Lord N Loudermilk Y Lucas Lunsford N Maddox Mangham Y Manning N Marin Y Porter N Powell N Ralston Y Randall Y Ray Y Reece, B N Reece, S Y Reese Y Rice N Roberts N Rogers N Royal N Rynders Y Thomas, B N Tumlin Y Walker N Warren Y Watson N Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Wix N Yates Richardson, Speaker On the motion, the ayes were 79, nays 77. The motion prevailed. By unanimous consent, further action on SB 150 was suspended until later in the legislative day. SB 413. By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Thomas of the 2nd, Fort of the 39th 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, the compulsory school attendance law, so as to change certain provisions relating to mandatory education for children between ages six and 16; to provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the permission of his or her parent or guardian; to require parent or guardian approval; to provide for a conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance required; to change certain provisions relating to exemptions from compulsory attendance; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education; to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the compulsory school attendance law, so as to clarify certain provisions relating to mandatory education; to FRIDAY, MARCH 24, 2006 4541 provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the permission of his or her parent or guardian; to require parent or guardian approval; to provide for a conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance required; to change certain provisions relating to exemptions from compulsory attendance; to amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance, so as to provide for adoption of policies and procedures by local boards of education to provide information regarding school sponsored clubs and extracurricular activities to parents and legal guardians; to provide that local school systems shall comply with written notification from parents and legal guardians withholding permission for participation; to amend Part 5 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school buses, so as to provide for school bus pickup schedules; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the compulsory school attendance law, is amended by striking Code Section 20-2-690.1, relating to mandatory education for children between ages six and 16, and inserting in lieu thereof the following: "20-2-690.1. (a) Mandatory attendance in a public school, private school, or home school program shall be required for children between their sixth and sixteenth birthdays. Such mandatory attendance shall not be required where the child has successfully completed all requirements for a high school diploma. (a)(b) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their sixth and sixteenth birthdays during the ages of mandatory attendance as required in subsection (a) of this Code section shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attending a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the child's failure to enroll and attend is caused by the child's parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical exams for military service and the National Guard and such other approved absences shall be excused absences. The requirements of this subsection shall apply to a child between his or her seventh and sixteenth birthdays during the ages of mandatory attendance as required in subsection (a) of this 4542 JOURNAL OF THE HOUSE Code section who has been assigned by a local board of education or its delegate to attend an alternative public school program established by that local board of education, including an alternative public school program provided for in Code Section 20-2154.1, regardless of whether such child has been suspended or expelled from another public school program by that local board of education or its delegate, and to the parent, guardian, or other person residing in this state who has control or charge of such child. Nothing in this Code section shall be construed to require a local board of education or its delegate to assign a child to attend an alternative public school program rather than suspending or expelling the child. (b)(c) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not less than $25.00 and not greater than $100.00, imprisonment not to exceed 30 days, community service, or any combination of such penalties, at the discretion of the court having jurisdiction. Each day's absence from school in violation of this part after the child's school system notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence for a child shall constitute a separate offense. After two reasonable attempts to notify the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence without response, the school system shall send a notice to such parent, guardian, or other person by certified mail, return receipt requested. Public schools shall provide to the parent, guardian, or other person having control or charge of each child enrolled in public school a written summary of possible consequences and penalties for failing to comply with compulsory attendance under this Code section for children and their parents, guardians, or other persons having control or charge of children. The parent, guardian, or other person who has control or charge of a child or children shall sign a statement indicating receipt of such written statement of possible consequences and penalties; children who are age ten years or older by September 1 shall sign a statement indicating receipt of such written statement of possible consequences and penalties. After two reasonable attempts by the school to secure such signature or signatures, the school shall be considered to be in compliance with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, to such parent, guardian, other person who has control or charge of a child, or children. Public schools shall retain signed copies of statements through the end of the school year. (c)(d) Local school superintendents in the case of private schools or home study programs and visiting teachers and attendance officers in the case of public schools shall have authority and it shall be their duty to file proceedings in court to enforce this subpart. (e) An unemancipated minor who is older than the age of mandatory attendance as required in subsection (a) of this Code section who has not completed all requirements for a high school diploma who wishes to withdraw from school shall have the written permission of his or her parent or legal guardian prior to withdrawing. Prior to accepting such permission, the school principal or designee shall convene a conference FRIDAY, MARCH 24, 2006 4543 with the child and parent or legal guardian within two school days of receiving notice of the intent of the child to withdraw from school. The principal or designee shall make a reasonable attempt to share with the student and parent or guardian the educational options available, including the opportunity to pursue a general educational development (GED) diploma and the consequences of not having earned a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities. Every local board of education shall adopt a policy on the process of voluntary withdrawal of unemancipated minors who are older than the mandatory attendance age. The policy shall be filed with the Department of Education no later than January 1, 2007. The Department of Education shall provide annually to all local school superintendents model forms for the parent or guardian signature requirement contained in this subsection and updated information from reliable sources relating to the consequences of withdrawing from school without completing all requirements for a high school diploma. Such form shall include information relating to the opportunity to pursue a general educational development (GED) diploma and the consequences of not having earned a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities. Each local school superintendent shall provide such forms and information to all of its principals of schools serving grades six through twelve for the principals to use during the required conference with the child and parent or legal guardian." SECTION 2. Said subpart is further amended by striking Code Section 20-2-691, relating to minimum annual attendance required, and inserting in its place the following: "20-2-691. The minimum session of annual school attendance required under this subpart shall be for the full session or sessions of the school which the child is eligible to attend. Such attendance shall not be required where the child has successfully completed all requirements for a high school diploma grades." SECTION 3. Said subpart is further amended by striking Code Section 20-2-693, relating to exemptions to compulsory attendance, and inserting in its place the following: "20-2-693. (a) Children between their seventh and sixteenth birthdays during the ages of mandatory attendance as required in subsection (a) of Code Section 20-2-690.1 who are excused from attendance in public school by county or independent school system boards in accordance with general policies and regulations promulgated by the State Board of Education shall be exempt from this subpart. The state board, in promulgating its general policies and regulations, shall take into consideration sickness and other emergencies which may arise in any school community. 4544 JOURNAL OF THE HOUSE (b) Children between their seventh and sixteenth birthdays during the ages of mandatory attendance as required in subsection (a) of Code Section 20-2-690.1 who are excused from attendance at private schools or home study programs for sickness or emergencies or for other reasons substantially the same as the reasons for excused absences from attendance at public school authorized by state board policy pursuant to subsection (a) of this Code section shall be exempt from this subpart." SECTION 3.1. Part 5 of Article 22 of Chapter 2 of Title 20, relating to school buses, is amended by striking Code Section 20-2-1127, relating to a schedule of school bus routes, in its entirety and inserting in place thereof the following: "20-2-1127. Each public school system in this state shall make accessible a schedule of school bus routes that indicate the morning pickup route beginning time and the afternoon school bell time as well as the total number of stops on each school bus route. The time for the bus arrival at each stop will be commensurate with the route beginning time and prescribed stop sequence, except in unforeseen circumstances. This provision shall not apply to portal-to-portal special needs student transportation or special alternative instructional transportation programs Reserved." SECTION 4. Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance, is amended by inserting a new subpart to be designated Subpart 2A to read as follows: "Subpart 2A 20-2-705. (a) As used in this Code section, the term: (1) 'Clubs and organizations' means clubs and organizations comprised of students who wish to organize and meet for common goals, objectives, or purposes and which is directly under the sponsorship, direction, and control of the school. This term shall include any activities reasonably related to such clubs and organizations, but shall not include competitive interscholastic activities or events. (2) 'Competitive interscholastic activity' means functions held under the auspices or sponsorship of a school that involves its students in competition between individuals or groups representing two or more schools. This term shall include cheerleading, band, and chorus. (b) Each local board of education shall adopt policies and procedures for notifying parents or legal guardians of students regarding school clubs and organizations and for providing an opportunity for parents or legal guardians to withhold permission for a child to join or participate in clubs and organizations. (c) An annual notification utilizing the student handbook or other appropriate method regarding school clubs and organizations shall include without limitation the name of FRIDAY, MARCH 24, 2006 4545 the club or organization, mission or purpose of the club or organization, name of the club's or organization's faculty advisor, and a description of past or planned activities. Similar notification shall also be provided for clubs and organizations created or started during the school year." 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 Y Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y 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 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 E Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Fludd Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd E Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Lindsey Lord Y Loudermilk Lucas Lunsford Y Maddox Y Mangham Manning Y Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby E 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 E Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Sheldon Y Sims, C Y Sims, F 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 Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker 4546 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 141, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Byrd of the 20th, Cooper of the 41st, Forster of the 3rd, and Rice of the 51st 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 191. 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 for expedited review of certain applications for permits or variances performed by qualified professionals under contract with the division for such purpose; to repeal conflicting laws; and for other purposes The following Committee substitute 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 change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawals; to change certain provisions relating to permits for groundwater withdrawals for farm uses, notice of transfer or modification in use or capacity, nonuse, suspension or modification, priority uses, reporting and measuring water withdrawals, and no effect on existing common or statutory law; 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 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking paragraph (1) of subsection (c) of Code Section 12-2-2, relating to the Environmental Protection Division, the Environmental Advisory Council, FRIDAY, MARCH 24, 2006 4547 duties of the council, its members, and the director of the division, procedure for aggrieved persons, and inspections, and inserting in lieu thereof the following: "(c)(1)(A) The director shall issue all orders and shall grant, deny, revoke, or amend all permits or variances provided for in the laws to be enforced by the division. The director shall also issue any certification which is required by any law of this state or the United States to be issued by the director, the Department of Natural Resources, or the State of Georgia relating to pollution control facilities or matters. The director shall notify all permit or variance applicants within 30 days of receipt of the application as to the completeness of the application and, if the director finds the same to be incomplete, what specific additional materials the applicant need submit to make the application complete. The director shall grant or deny any permit or variance within 90 days after receipt of all required application materials by the division, provided that the director may for any application order not more than one extension of time of not more than 60 days within which to grant or deny the permit or variance. (B)(i) The director may identify professionals qualified to review certain permit applications in accordance with rules and regulations adopted by the board of the Department of Natural Resources. (ii) A permit applicant may retain a qualified professional to review an application prior to submittal to the division. If the qualified professional certifies an application as complete, the division shall act expeditiously on the application. (iii) A qualified professional certifying an application shall be independent of any professional preparing the application. (iv) The applicant shall directly pay the fees of the qualified professional. (v) The director may remove the qualified status of a professional if the professional provides a certification for an inaccurate application. (C) When any application for a permit or variance is pending before the director and the director has not either granted or denied the permit or variance within the time specified for the director to do so, the director shall immediately refund any and all fees which were required to be submitted by the applicant as a condition of the permit application, except for fees required to be levied pursuant to federal law. Such fee refund shall not otherwise affect the application process, and the application shall be granted, denied, or otherwise handled as it otherwise would have been, except that the fee requirement shall be waived." SECTION 2. Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawals, and inserting in lieu thereof the following: "(3) Notwithstanding any other provision of this Code section to the contrary, a permit for the withdrawal or diversion of surface waters for farm uses shall be issued by the director to any person when the applicant submits an application which 4548 JOURNAL OF THE HOUSE provides reasonable proof that the applicant's farm use of surface waters occurred prior to July 1, 1988, and when any such application is submitted prior to July 1, 1991. If submitted prior to July 1, 1991, an application for a permit to be issued based upon farm uses of surface waters occurring prior to July 1, 1988, shall be granted for the withdrawal or diversion of surface waters at a rate of withdrawal or diversion equal to the greater of the operating capacity in place for withdrawal or diversion on July 1, 1988, or, when measured in gallons per day on a monthly average for a calendar year, the greatest withdrawal or diversion capacity during the five-year period immediately preceding July 1, 1988. If submitted after July 1, 1991, or, regardless of when submitted, if it is based upon a withdrawal or diversion of surface waters for farm uses occurring or proposed to occur on or after July 1, 1988, an application shall be subject to evaluation and classification pursuant to subsections (e), (f), and (g) of this Code section, but a permit based upon such evaluation and classification shall be issued to ensure the applicant's right to a reasonable use of such surface waters. Any permit issued pursuant to this paragraph shall be conditioned upon the requirement that the permittee shall provide, on forms prescribed by the director, information relating to a general description of the lands and number of acres subject to irrigation and the permit; a description of the general type of irrigation system used; the source of withdrawal water such as river, stream, or impoundment; and pump information, including rated capacity, pump location, and power information. Applications under this paragraph submitted on or after the effective date of this paragraph for farm use within the Flint River basin shall be assessed a nonrefundable application fee in the amount of $250.00 per application. Permits issued applied for under this paragraph shall have no term and on or after the effective date thereof for farm use in the Flint River basin shall have a term of 25 years and shall be renewed at the original permitted capacity unless an evaluation of the water supply by the division indicates that renewal at the original capacity would have unreasonable adverse effects upon other water uses. The division may renew the original permit at a lower capacity, but such capacity shall be based on the reasonable use of the permittee and evaluation of the resource. All permits issued under this paragraph may be transferred or assigned to subsequent owners of the lands which are the subject of such permit; provided, however, that the division shall receive written notice of any such transfer or assignment. Any modification in the use or capacity conditions contained in the permit or in the lands which are the subject of such permit shall require the permittee to submit an application for review and approval by the director consistent with this Code section. Nothing in this paragraph shall be construed as a repeal or modification of Code Section 12-5-46." SECTION 3. Said title is further amended by in subsection (k) of said Code Section 12-5-31 by adding a new paragraph to read as follows: "(6.1) The director may permanently revoke any permit under this Code section for farm use within the Flint River Basin applied for on or after the effective date of this FRIDAY, MARCH 24, 2006 4549 paragraph if initial use for the purpose indicated on the permit application, as measured by a flow meter approved by the State Soil and Water Conservation Commission, has not commenced within two years of the date of issuance of the permit unless the permittee can reasonably demonstrate that his or her nonuse was due to financial hardship or circumstances beyond his or her control." SECTION 4. Said title is further amended by striking subsections (a) and (b) of Code Section 12-5105, relating to permits for groundwater withdrawals for farm uses, notice of transfer or modification in use or capacity, nonuse, suspension or modification, priority uses, reporting and measuring water withdrawals, and no effect on existing common or statutory law, and inserting in lieu thereof the following: "(a) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, a permit to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined by paragraph (5.1) of Code Section 12-5-92, shall be issued by the director to any person when the applicant submits an application which provides reasonable proof that the applicant's farm use of ground water occurred prior to July 1, 1988, and when such application is submitted prior to July 1, 1991. If submitted prior to July 1, 1991, an application for a permit to be issued based upon farm uses of ground water occurring prior to July 1, 1988, shall be granted for the withdrawal of ground water at a rate of withdrawal equal to the greater of the operating capacity in place for withdrawal on July 1, 1988, or, when measured in gallons per day on a monthly average for a calendar year, the greatest withdrawal capacity during the five-year period immediately preceding July 1, 1988. If submitted after July 1, 1991, or, regardless of when submitted, if it is based upon a withdrawal of ground water for farm uses occurring or proposed to occur on or after July 1, 1988, an application shall be subject to evaluation and classification pursuant to Code Sections 12-5-96 and 12-5-97, but a permit based upon such evaluation and classification shall be issued to ensure the applicant's right to a reasonable use of such ground water. Applications under this Code section submitted on or after the effective date of this subsection for farm use within the Flint River basin shall be assessed a nonrefundable application fee in the amount of $250.00 per application. Any permit issued pursuant to this Code section shall be further conditioned upon the requirement that the permittee shall provide, on forms prescribed by the director, information relating to a general description of the lands and number of acres subject to irrigation and the permit; the name and address of the permittee; a description of the general type of irrigation system used; well construction; and pump information, including rated capacity, pump setting depth, and power information. (b) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, permits to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined in paragraph (5.1) of Code Section 12-5-92, whether for new withdrawals or under subsection (a) of this Code section, shall be governed as follows: 4550 JOURNAL OF THE HOUSE (1) A permit issued, modified, or amended after July 1, 2003, for farm uses shall have annual reporting requirements and no term and. Permits applied for under this Code section on or after the effective date of this subsection for farm use within the Flint River basin shall have a term of 25 years and shall be renewed at the original permitted capacity unless an evaluation of the water supply by the division indicates that renewal at the original capacity would have unreasonable adverse effects upon other water uses. The division may renew the original permit at a lower capacity, but such capacity shall be based on the reasonable use of the permittee and evaluation of the resource. All permits issued under this Code section may be transferred or assigned to subsequent owners of the lands which are the subject of such permit; provided, however, that the division shall receive written notice of any such transfer or assignment, and any modification in the use or capacity conditions contained in the permit or in the lands which are the subject of such permit shall require the permittee to submit an application for review and approval by the director consistent with the requirements of this part; (2) Permits for farm use, after initial use has commenced, shall not be revoked, in whole or in part, for nonuse; except that the director may permanently revoke any permit under this Code section for farm use within the Flint River Basin applied for on or after the effective date of this paragraph if initial use for the purpose indicated on the permit application, as measured by a flow meter approved by the State Soil and Water Conservation Commission, has not commenced within two years of the date of issuance of the permit unless the permittee can reasonably demonstrate that his or her nonuse was due to financial hardship or circumstances beyond his or her control; (3) The director may suspend or modify a permit for farm use if he or she should determine through inspection, investigations, or otherwise that the quantity of water allowed would prevent other applicants from reasonable use of ground water beneath their property for farm use; (4) During emergency periods of water shortage, the director shall give first priority to providing water for human consumption and second priority to farm use; and (5) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section." SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. FRIDAY, MARCH 24, 2006 4551 On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Amerson Y Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner 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, E Y Hudson Y Hugley Y Jackson Jacobs Y James Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd E Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby E 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 Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Y Sailor Y Scheid Scott, A Y Scott, M Y Setzler Shaw Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Byrd of the 20th, Jacobs of the 80th, and Scott of the 153rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report: 4552 JOURNAL OF THE HOUSE 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 552 Do Pass, by Substitute SB 553 Do Pass, by Substitute Respectfully submitted, /s/ Scott of the 153rd Chairman The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 1059. By Representatives Keen of the 179th, Ralston of the 7th, Burkhalter of the 50th, Freeman of the 140th, Thomas of the 55th and others: A BILL to be entitled an Act to amend Titles 16, 17, 35, and 42 of the O.C.G.A., relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and areas where certain offenders can reside as it affects sexual offenders; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to reorganize and change provisions related to the State Sexual Offender Registry; to provide for other 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 570. By Senator Carter of the 13th: A BILL to be entitled an Act to amend Code Section 40-8-73.1 of the FRIDAY, MARCH 24, 2006 4553 Official Code of Georgia Annotated, relating to affixing of materials which reduce light transmission or increase light reflectance through windows or windshields of motor vehicles, so as to authorize a person who is a certified optometrist to provide an attestation in support of a medical exemption for restrictions to limitations on reducing light transmission or increasing light reflectance on windows of motor vehicles; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Barnes N Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman, B Y Coleman, T 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 E Epps Y Everson Y Fleming Y Floyd, H E 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 Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd E Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Mangham Manning Y Marin Martin Y Maxwell Y May Y McCall McClinton Meadows Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby E 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 Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Sheldon Y 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 Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker 4554 JOURNAL OF THE HOUSE On the passage of the Bill, the ayes were 139, nays 2. The Bill, having received the requisite constitutional majority, was passed. Representative Byrd of the 20th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. SB 177. By Senators Tate of the 38th and Fort of the 39th: A BILL to be entitled an Act to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the benefit formula for the Teachers Retirement System of Georgia from 2 percent to 2.5 percent; to provide a postretirement benefit adjustment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: 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 E 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 Byrd Y Carter Y Casas Chambers Y Channell Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Dukes Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H E 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd E Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby E Mosley 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 Y Ralston Y Randall Y Ray Y Reece, B Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B 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 FRIDAY, MARCH 24, 2006 4555 Y Cheokas E Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Hill, C Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Y Reece, S Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 145, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Byrd of the 20th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. SB 545. By Senators Mullis of the 53rd, Thomas of the 54th, Douglas of the 17th, Balfour of the 9th, Heath of the 31st and others: A BILL to be entitled an Act to amend Code Section 16-12-51 of the Official Code of Georgia Annotated, relating to definitions regarding bingo games, so as to provide a definition of nonprofit, tax-exempt organization; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard 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 Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Dollar Y Drenner Y Dukes Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Fludd Y Forster Y Franklin Y Freeman Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Keen Y Keown Y Kidd Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar Y Mills Mitchell Morgan Y Morris Y Mosby E 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 Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, P Y Smith, R Y Smith, T Smith, V Y Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton 4556 JOURNAL OF THE HOUSE Y Burmeister Y Burns Y Butler Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Gardner Y Geisinger Y Golick 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 E Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Y Parrish Y Parsons Y Porter Y Powell Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 141, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Byrd of the 20th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has disagreed to the House substitute to the following bill of the Senate: SB 529. By Senators Rogers of the 21st, Hamrick of the 30th, Douglas of the 17th, Schaefer of the 50th, Seabaugh of the 28th and others: A BILL to be entitled an Act to amend Title 13 of the O.C.G.A., relating to contracts, Title 16 of the O.C.G.A., relating to crimes and offenses, Title 34 of the O.C.G.A., relating to labor, Title 35 of the O.C.G.A., relating to law enforcement, and Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for procedures and requirements applicable to certain contracts or subcontracts; to prohibit certain retaliation; to provide for enforcement, penalties, and exceptions; to provide for offenses regarding involuntary servitude, trafficking of persons for forced labor or services, and sexual servitude of a minor; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 24, 2006 4557 The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House: HB 194. By Representatives Martin of the 47th, Burkhalter of the 50th, Amerson of the 9th, Royal of the 171st, Ashe of the 56th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 111. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1313. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others: A BILL to be entitled an Act to amend Title 8 of the O.C.G.A., relating to buildings and housing, Title 22 of the O.C.G.A., relating to eminent domain, and Title 36 of the O.C.G.A., relating to local government, so as to provide for the comprehensive revision of provisions regarding eminent domain; to provide for a short title; to change certain provisions regarding a housing authority's eminent domain power; to change certain language relating to blighted areas; to provide for a new definition of blighted areas; to change certain provisions regarding housing authorities power of eminent domain; to amend Chapter 3 of Title 23 of the O.C.G.A., relating to equitable remedies and proceedings, so as to grant standing to municipalities and counties to seek certain equitable remedies and proceedings; to repeal conflicting laws; and for other purposes. The Senate has adopted as amended, by the requisite constitutional majority, the following resolution of the House: HR 1306. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others: 4558 JOURNAL OF THE HOUSE A RESOLUTION proposing an amendment to the Constitution so as to require that the condemnation of property for redevelopment purposes must be approved by vote of the elected governing authority of the county or city in which the property is located; to restrict the use of eminent domain for redevelopment purposes to the elimination of affirmative harm; to provide that the use of eminent domain by counties and municipalities shall be subject to limitation by general law; to prohibit the use of eminent domain by certain nonelected local authorities; to provide for submission of this amendment for ratification or rejection; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having previously been read, was again taken up for consideration: SB 150. By Senators Zamarripa of the 36th, Williams of the 19th, Reed of the 35th, Moody of the 56th, Adelman of the 42nd and others: A BILL to be entitled an Act to provide a short title; to amend Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the State Road and Tollway Authority, so as to provide that the authority shall implement a program to provide for the development and expansion of streetcar transportation and attendant economic and community development opportunities; to provide for related matters; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes. The amendment offered by Representative Davis of the 109th, having been previously read, was withdrawn. 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 Y Barnard Barnes N Bearden Y Beasley-Teague N Crawford Y Cummings N Davis Y Day Y Dean Y Dickson Dodson Y Dollar Y Hill, C.A Y Holmes Y Holt N Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Martin N Maxwell N May N McCall McClinton N Meadows Millar Y Mills Y Sailor Y Scheid Y Scott, A N Scott, M Y Setzler Shaw Y Sheldon Y Sims, C FRIDAY, MARCH 24, 2006 4559 Y Benfield N Benton Y Black Y Bordeaux E Borders N Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan N Cole Y Coleman, B Y Coleman, T Y Cooper N Cox Y Drenner Y Dukes Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D N 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 Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd E Knight N Knox N Lakly Y Lane, B E Lane, R N Lewis Y Lindsey Y Lord N Loudermilk Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin Mitchell Y Morgan Y Morris Y Mosby E Mosley Y Mumford N Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Parham Y Parrish Y Parsons Y Porter Y Powell N Ralston Y Randall Y Ray Y Reece, B Y Reece, S E Reese Y Rice N Roberts Y Rogers Y Royal N Rynders Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre 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 Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 131, nays 25. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Cox of the 102nd 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 or amendment thereto: HB 718. By Representative Lindsey of the 54th: A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to allow certain courts to create and administer pretrial intervention and diversion programs; to provide for court costs; to provide for related matters; to repeal conflicting laws; and for other purposes. 4560 JOURNAL OF THE HOUSE The following Senate substitute was read: A BILL To amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to allow certain courts to create and administer pretrial intervention and diversion programs; to provide for court costs; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, is amended by striking subsections (a), (f), and (g) of Code Section 15-18-80, relating to policy and procedure, and inserting in their respective places the following: (a) The prosecuting attorneys for each judicial circuit of this state shall be authorized to create and administer a Pretrial Intervention and Diversion Program. The prosecuting attorney for state courts, probate courts, magistrate courts, municipal courts, and any other court that hears cases involving a violation of the criminal laws of this state or ordinance violations shall also be authorized to create and administer a Pretrial Intervention and Diversion Program for offenses within the jurisdiction of such courts. (f) The prosecuting attorney shall be authorized to assess and collect from each offender who enters the program a fee not to exceed $300.00 for the administration of the program. Any fee collected under this subsection shall be made payable to the general fund of the county in which the crime is committed political subdivision in which the case is being prosecuted. (g) The prosecuting attorney shall be further authorized to collect restitution on behalf of victims. Any restitution collected under this subsection shall be made payable to and disbursed by the clerk of the court in the county in which the case would be prosecuted. SECTION 2. Said article is further amended by striking Code Section 15-18-81, relating to court costs, and inserting in lieu thereof the following: 15-18-81. The prosecuting attorney may assess court costs against the defendant for the dismissal of criminal warrants when the affiant is not a peace officer. Any fee collected under this subsection shall be made payable to the general fund of the county in which the crime is committed political subdivision in which the case is being prosecuted. FRIDAY, MARCH 24, 2006 4561 SECTION 3. Said article is further amended by adding a new Code section to the end of the article to read as follows: 15-18-82. As used in this article, the term 'prosecuting attorney' means the individual responsible for prosecuting cases in superior courts, state courts, probate courts, magistrate courts, municipal courts, and any other court that hears cases involving a violation of the criminal laws of this state or ordinance violations. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Pursuant to Rule 133, Representative Cox of the 102nd was excused from voting on HB 718. Representative Lindsey of the 54th moved that the House agree to the Senate substitute to HB 718. 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 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 Chambers Y Channell Y Cheokas Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Everson Y Fleming Y Floyd, H E Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Y Graves, T E Greene Hanner Y Harbin Hatfield Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 E Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby E Mosley Y Mumford Y Murphy, J Y Murphy, Q Neal Y Oliver Y O'Neal Y Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Ray Y Reece, B Y Reece, S Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard 4562 JOURNAL OF THE HOUSE E Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Cox Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Richardson, Speaker On the motion, the ayes were 145, nays 0. The motion prevailed. HB 1253. By Representatives Rice of the 51st, Murphy of the 23rd, Talton of the 145th and Dollar of the 45th: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers licenses, so as to provide for reinstatement of a minor's license upon proof of graduation from high school; to provide that social security numbers shall not be used on driver's licenses; to provide for a suspension for violation of restrictions on a driver's license; to add a license suspension for failure to appear in a federal court in this state; to clarify the habitual violator permit eligibility provisions; to provide for confidentiality of medical reports used for medical revocation of a driver's license; to change the times relating to restoring full driving privileges from a limited driving permit; to clarify that trafficking is grounds for a driver's license suspension; to amend Chapter 6 of Title 40 of the O.C.G.A., relating to the uniform rules of the road, so as to clarify the penalty for racing on a highway; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to provide for sharing of information with courts and other agencies regarding license information; reinstatement of a minor's license upon proof of graduation from high school; to provide that social security numbers shall not be used on drivers licenses; to provide for a suspension for violation of restrictions on a driver's license; to require implementation of electronic transmission of uniform traffic citations to the Department of Driver Services; to add a license suspension for failure to appear in a federal court in this state; to clarify the habitual violator permit eligibility provisions; to provide for confidentiality of medical reports used for medical revocation of a driver's license; to provide that each violation of a provision that leads to a license suspension is FRIDAY, MARCH 24, 2006 4563 treated as a separate transaction; to change the times relating to restoring full driving privileges from a limited driving permit; to clarify that trafficking is grounds for a driver's license suspension; to provide a penalty for driving a vehicle in violation of an out of service order; to provide that applicants for commercial drivers licenses must take the Highway Watch safety and security program; to allow for issuance of nonresident commercial drivers licenses; to clarify the requirements for commercial drivers licenses with a hazardous materials endorsement; to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to clarify the penalty for racing on a highway; to provide that a speeding conviction must specify the amount by which the speed limit was exceeded; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended by striking subparagraph (c)(1)(D) of Code Section 40-5-2, relating to maintaining records of applicants for drivers licenses, in its entirety and inserting in its place the following: "(D) To a judge, prosecuting official, or law enforcement agency for use in investigations or prosecutions of alleged criminal or unlawful activity, or to the driver's licensing agency of another state; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished to the driver's licensing agency of another state shall be limited to name, address, driver identification number, and medical or disability information;" SECTION 2. Said chapter is further amended by striking the undesignated text following division (a.1)(2)(C)(v) of Code Section 40-5-22, relating to minimum age for licensees, school attendance requirements, and driving training requirements, in its entirety and inserting in its place the following: "Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the minor to return immediately the instruction permit or driver's license to the department and information summarizing the minor's right to request an exemption from the provisions of this subsection. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. The department shall be authorized to grant an exemption from the 4564 JOURNAL OF THE HOUSE provisions of this subsection to a minor, upon such minor's petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minor's family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or driver's license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period of one year or shall end upon the date of such minor's eighteenth birthday or upon receipt of satisfactory proof that the minor is pursuing or has received a general educational development (GED) diploma, a high school diploma, a special diploma, a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school, whichever comes first." SECTION 3. Said chapter is further amended by striking Code Section 40-5-28.1, relating to use of social security numbers on drivers licenses, in its entirety and inserting in its place the following: "40-5-28.1. No license or permit issued or renewed on or after July 1, 1997 January 1, 2007, pursuant to this article shall contain the social security number of the licensee or permit holder unless such person specifically requests the use of such number." SECTION 4. Said chapter is further amended by striking subsection (c) of Code Section 40-5-30, relating to restricted drivers licenses, in its entirety and inserting in its place the following: "(c) The department, upon receiving satisfactory evidence of any violation of the restrictions of such license, may revoke suspend the license, but the licensee shall be entitled to a hearing as upon a revocation under subsection (c) of Code Section 40-5-59 for a period of six months. No person shall operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him or her." SECTION 5. Said chapter is further amended by striking subsection (b) of Code Section 40-5-53, relating to when courts have to send drivers licenses and reports of convictions to the department, and inserting a new subsection (b) 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 FRIDAY, MARCH 24, 2006 4565 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 shall transmit the information contained on the uniform citation form by electronic means, using the electronic reporting method 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 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 6. Said chapter is further amended by striking Code Section 40-5-56, relating to driver's license suspensions for failure to respond to a citation and appear before a court of competent jurisdiction, in its entirety and inserting in its place the following: "40-5-56. (a) Notwithstanding any other provisions of this chapter or any other law to the contrary, the department shall suspend the driver's license or privilege to operate a motor vehicle in this state of any person who has failed to respond to a citation to appear before a court of competent jurisdiction of in this state or of in any other state for a traffic violation other than a parking violation. The department shall forthwith notify such person that his license is to be suspended subject to review as provided for in this chapter. (b) The person so notified may request a hearing within ten days from the date of receipt of notice sent by registered mail or statutory overnight delivery. 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. If no hearing is requested within the ten days specified above, the right to a hearing shall have been waived and the license of the driver shall be suspended. (c) The suspension provided for in this Code section shall be for an indefinite period until such person shall respond and pay any fines and penalties imposed. Such person's license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail to the department. Such suspension shall be in addition to any other suspension or revocation provided for in this chapter." SECTION 7. 4566 JOURNAL OF THE HOUSE Said chapter is further amended by striking subparagraph (e)(1)(A) of Code Section 40-558, relating to habitual violators and probationary licenses, in its entirety and inserting in its place the following: "(A) Such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of this chapter, Chapter 6 of this title, or any local ordinance relating to the movement of vehicles for a period of two years immediately preceding the application for a probationary driver's license;" SECTION 8. Said chapter is further amended by enacting a new subsection (d) in Code Section 40-559, relating to reexamination of drivers believed to be incompetent or unqualified, to read as follows: "(d) The reports required by this Code section shall be confidential and shall be used solely for the purpose of determining the qualifications of any person to drive a motor vehicle on the highways of this state. No civil or criminal action may be brought against any person or agency for providing the information to the department for the purposes of this Code section. The reports, or any reference to the reports, shall not be included in any abstract prepared pursuant to Code Section 40-5-2." SECTION 9. Said chapter is further amended by striking the introductory language of subsection (a) and subsection (d) of Code Section 40-5-63, relating to driver's license suspensions for certain offenses, in their entirety and inserting in their place, respectively, the following: "(a) The driver's 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 driver's 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; and further provided that each charge for which a conviction was obtained shall be treated as a separate transaction for the purpose of imposing a license suspension hereunder, even if said convictions arise from a single incident:" "(d)(1) 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 driver's 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. (2) For purposes of this subsection chapter, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle any violation of Code Section 40-6-393 or 40-6-394 shall constitute a conviction." FRIDAY, MARCH 24, 2006 4567 SECTION 10. Said chapter is further amended by striking subsection (e) of Code Section 40-5-64, relating to limited driving permits for certain offenders, in its entirety and inserting in its place the following: "(e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the driver's eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following the effective date of suspension of the applicant's driver's license issuance thereof in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-557, upon the expiration of 120 days following conviction in the case of or a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the driver's license. A person may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her driver's license to the court in which the conviction was adjudged or to the department if the department has processed the citation or conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit." SECTION 11. Said chapter is further amended by striking the introductory language of subsection (a) of Code Section 40-5-75, relating to suspension of drivers licenses by operation of law, in its entirety and inserting in its place the following: "(a) The driver's license of any person convicted of any violation of the Georgia Controlled Substances Act, including, but not limited to, possession, distribution, manufacture, cultivation, sale, transfer of, trafficking in, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer or traffic in a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such a substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391; or the law of any other jurisdiction shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:" 4568 JOURNAL OF THE HOUSE SECTION 12. Said chapter is further amended by striking subsection (b) of Code Section 40-5-121, relating to driving while license is suspended or revoked, in its entirety and inserting in its place the following: "(b)(1) The charge of driving with a suspended or disqualified license shall not be made where the suspension is a result of a failure to respond under Code Section 40-556 or an insurance cancellation unless the arresting officer has verified a service date and such date is placed on the uniform citation. If the suspension or disqualification is verified and the driver possesses a driver's license, the license shall be confiscated and mailed to the department. If the suspension or disqualification is not verified, the arresting officer shall serve the driver and attach the driver's license, if available, to the copy of service and send it to the department. (2) The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the license of such person was suspended, disqualified, or revoked, including suspensions under subsection (f) of Code Section 40-5-75, shall extend the period of suspension or disqualification for six months. The court shall be required to confiscate the license, if applicable, and attach it to the uniform citation and forward it to the department within ten days of conviction. The period of suspension or disqualification provided for in this Code section shall begin on the date the person is convicted of violating this Code section." SECTION 13. Said chapter is further amended by striking subparagraph (C) of paragraph (7) and the undesignated text following said subparagraph (C) and paragraphs (9) and (22) of Code Section 40-5-142, relating to definitions relevant to commercial drivers licenses, in their entirety and inserting in their respective places the following: "(C) If the vehicle is transporting hazardous materials as designated under 49 U.S.C. Section 5103 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 or is transporting any quantity of a material listed as a select agent or toxin in Title 42 C.F.R. Part 73; provided, however, that for the purposes of this article, no agricultural vehicle, military vehicle operated by military personnel 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, including operation by employees or family members; used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and operated within 150 miles of such person's farm; which vehicle is not used in the operations of a motor common or contract carrier. Any other waiver by the Federal Highway Administration Federal Motor Carrier Safety Administration pursuant to Federal Law 49 C.F.R. Parts 383, 391, RIN 2125-AB 68, and 384 of the United States FRIDAY, MARCH 24, 2006 4569 Department of Transportation shall supersede state law in authorizing the Department of Driver Services 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 person's 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 driver's license; (H) Driving a commercial motor vehicle without a valid commercial driver's license in the driver's immediate possession; or (I) Driving a commercial motor vehicle without a commercial driver's license of the proper class and/or endorsements for the specific vehicle being operated or for the passengers or type of cargo transported." SECTION 14. Said chapter is further amended by striking subsection (b) of Code Section 40-5-146, relating to operation of a commercial motor vehicle without valid license or driving privilege, in its entirety and inserting in its place the following: "(b)(1) No person may drive a commercial motor vehicle while his or her driving privilege is suspended, revoked, or canceled, or while subject to a disqualification,. (2) No person may drive a commercial motor vehicle or in violation of an out of service order." SECTION 15. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 40-5-147, relating to the requirements for issuing a commercial driver's license or instruction permit, in its entirety and inserting in its place the following: 4570 JOURNAL OF THE HOUSE "(a)(1) Except as provided in Code Section 40-5-148, no person may be issued a commercial driver's license unless that person is a resident of this state, is at least 18 years of age, has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulations enumerated in 49 C.F.R. Part 383, subparts G and H, has completed the Highway Watch safety and security training program or its federally designated successor program and is properly registered with the same, and has satisfied all other requirements of the Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, in addition to any other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the department in English only." SECTION 16. Said chapter is further amended by adding a new Code section to read as follows: "40-5-148.2. If an individual is a resident of another state while that other state is prohibited from issuing commercial drivers licenses pursuant to 49 C.F.R. Section 384.405, that individual is eligible to obtain a nonresident commercial driver's license. The 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 within 90 days of being notified that a state will be prohibited from issuing commercial drivers licenses." SECTION 17. Said chapter is further amended by adding a new subsection (i) to Code Section 40-5150, relating to contents, classifications, endorsements, and restrictions on commercial drivers licenses, to read as follows: "(i)(1) Before issuing, renewing, upgrading, or transferring a commercial driver's license with a hazardous materials endorsement, the department shall obtain a Transportation Security Administration determination that the individual does not pose a security risk warranting denial of the endorsement. The department shall promulgate rules and regulations as necessary to implement this subsection. (2) If, after issuing a commercial driver's license bearing a hazardous materials endorsement, the department receives notification that the Transportation Security Administration has determined that the holder thereof poses a security risk, it shall cancel the commercial driver's license. The department may issue a new commercial driver's license without a hazardous materials endorsement to said licensee upon surrender of the license bearing the cancelled endorsement. (3) If a person to whom the department previously issued a commercial driver's license with a hazardous materials endorsement has provided all of the required information to the Transportation Security Administration for the completion of a security threat assessment, but the Transportation Security Administration has not provided a Determination of No Security Threat or a Final Determination of Threat FRIDAY, MARCH 24, 2006 4571 Assessment before the expiration date of said commercial driver's license, the department may renew the commercial driver's license for a period of 90 days if the licensee wishes to retain the hazardous materials endorsement. Notwithstanding the foregoing, the person's commercial driver's license may be renewed for the full renewal period if the licensee wishes to drop the hazardous materials endorsement. (4) If a person to whom another state previously issued a commercial driver's license with a hazardous materials endorsement applies prior to the expiration thereof to transfer said license, the department may issue a temporary commercial driver's license with a hazardous materials endorsement valid for a period of 90 days upon the person's successful completion of all other statutory requirements. It shall be a prerequisite to the issuance of such a temporary license that the person has provided all of the required information to the Transportation Security Administration for the completion of a security threat assessment, but the Transportation Security Administration has not provided a Determination of No Security Threat or a Final Determination of Threat Assessment prior to the expiration date of the person's commercial driver's license issued by the previous state." SECTION 18. Said chapter is further amended by striking subsection (h) of Code Section 40-5-150, relating to the contents of a commercial driver's license, in its entirety and inserting in its place the following: "(h) When applying for renewal of a commercial driver's 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, and provide evidence the applicant has completed the Highway Watch safety and security training program or its federally designated successor program and is properly registered with the same. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed." SECTION 19. Said chapter is further amended by striking subsections (b), (c), and (g) of Code Section 40-5-151, relating to disqualification from driving a commercial motor vehicle, in their entirety and inserting in lieu thereof new subsections (b), (c), and (g) and by adding new subsection (i) and (j) to read as follows: "(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 4572 JOURNAL OF THE HOUSE Code Section 40-5-54, paragraph (1) of subsection (b) of Code Section 40-5-146, 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." "(g)(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) 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 vehicle's 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. (3) 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 commercial motor vehicles designed to transport more than 15 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 out-of-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 commercial motor vehicles designed to transport more than 15 passengers, including the driver. (4) In addition to any other penalty imposed pursuant to this article, any driver who is convicted of a railroad grade crossing violation in a commercial vehicle shall be subject to a civil penalty of not less than $1,100.00 and not to exceed $2,750.00." "(i) 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 applicant's license status and record prior to issuing a commercial driver's license or at any time after the commercial driver's license is issued, that the applicant has falsified information on his or her application or any related filing. FRIDAY, MARCH 24, 2006 4573 (j)(1) Any person is disqualified from driving a commercial vehicle for a period of not less than 30 days if the department receives notification from the Federal Motor Carrier Safety Administration that the person poses an imminent hazard. (2) If the Federal Motor Carrier Safety Administration notifies the department that a person's driving constitutes an imminent hazard and imposes a disqualification greater than 30 days, the person shall be disqualified from driving a commercial vehicle for the period designated by the Federal Motor Carrier Safety Administration, not to exceed one year." SECTION 20. Said chapter is further amended by striking subsections (c) and (d) of Code Section 40-5159, relating to penalties for driving a commercial motor vehicle while in violation of the law, in its entirety and inserting in its place the following: "(c)(1) Any person who drives a commercial motor vehicle while in violation of the provisions mandated under Code Section 40-5-146 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00. The department shall suspend the commercial driver's license or commercial driving privilege of such any driver convicted of violating subsection (a) or paragraph (1) of subsection (b) of Code Section 40-5-146 for a period of six months. (2) The department shall suspend the commercial driver's license or commercial driving privilege of any person who is convicted of violating Code Section 40-5-29 in a commercial vehicle for a period of six months. (d) Any employer who knowingly allows, requires, permits, or authorizes a driver to drive a commercial motor vehicle in violation of any federal, state, or local law or regulation pertaining to railroad grade crossings shall be subject to a civil penalty in an amount not less than $2,750.00 and not to exceed $10,000.00 $11,000.00." SECTION 21. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, is amended by striking subsection (c) of Code Section 40-6-186, relating to racing on highways or streets, and inserting in its place the following: "(c) Any person convicted of violating subsection (b) of this Code section shall be guilty of a misdemeanor. In addition to the punishment prescribed by law, the Department of Public Safety shall suspend for 12 months the license of any person convicted of such violation." SECTION 22. Said chapter is further amended by striking Code Section 40-6-187, relating to charging speeding violations, in its entirety and inserting in its place the following: "40-6-187. (a) In every charge of violation of any speed regulation in this chapter, the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven and also the maximum speed applicable within the district or at the location. 4574 JOURNAL OF THE HOUSE (b) For the purpose of imposing points pursuant to Code Section 40-5-57, every sentence for a violation of any speed regulation in this chapter shall state the specific amount by which the person convicted exceeded the speed limit." SECTION 23. This Act shall become effective on July 1, 2006. SECTION 24. 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 1253. 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 E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Davis Y Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Everson Y Fleming Y Floyd, H E Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Y Graves, T E Greene Hanner 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, E Y Hudson Y Hugley Y Jackson Y Jacobs James 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 E Lane, R Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar Y Mills Mitchell Morgan Y Morris Y Mosby E 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 Y Rogers Y Royal Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler 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 Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Richardson, Speaker FRIDAY, MARCH 24, 2006 4575 On the motion, the ayes were 143, nays 0. The motion prevailed. Representative Lewis of the 15th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1059. By Representatives Keen of the 179th, Ralston of the 7th, Burkhalter of the 50th, Freeman of the 140th, Thomas of the 55th and others: A BILL to be entitled an Act to amend Titles 16, 17, 35, and 42 of the O.C.G.A., relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and areas where certain offenders can reside as it affects sexual offenders; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to reorganize and change provisions related to the State Sexual Offender Registry; to provide for other related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Titles 16, 17, 35, and 42 of the Official Code of Georgia Annotated, relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and residency requirements for sexual offenders; to provide for legislative findings; to change punishment provisions related to aggravated assault with the intent to rape; to change punishment provisions related to kidnapping; to change punishment provisions related to false imprisonment; to change punishment provisions related to rape; to change certain provisions relating to sodomy and aggravated sodomy; to provide for lesser punishment for certain sexual offenses committed by persons of certain ages; to change certain provisions relating to statutory rape; to change certain provisions relating to child molestation and aggravated child molestation; to change certain provisions relating to enticing a child for indecent purposes; to change certain provisions relating to persons convicted of sexual assault against persons in custody; to change certain provisions relating to incest; to change certain provisions relating to sexual battery; to change certain provisions relating to aggravated sexual battery; to provide that it shall be unlawful to have carnal knowledge 4576 JOURNAL OF THE HOUSE with a disabled person who is incapable of granting consent; to provide for a penalties; to change certain restrictions on granting an appeal bond; to allow for judicial discretion for mandatory minimum sentences under certain circumstances; to create a new crime involving withholding information concerning a sexual offender and provide for penalties; to change a provision relating to the fixing of a sentence by a judge; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to add a provision relating to statutory aggravating circumstances for the imposition of the death penalty; to require the Georgia Crime Information Center to collect certain data; to provide that notice of conviction and release of a person who is required to register as a sexual offender shall be made for offenders sentenced directly to probation or who are newly established residents in a county; to permit publication of such notice in the legal organ of the county in which such person resides based on information available; 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 require registered sex offenders to have identifiable drivers licenses; to provide for procedures related to issuance of such licenses; to reorganize and change provisions related to the State Sexual Offender Registry; to change and add certain definitions; to change provisions relating to registration requirements for sexual offenders; to provide for an annual registration fee; to provide that sexual offenders register prior to release from prison; to require each sheriff to maintain and update a list of all sexual offenders residing in the county; to provide for duties and responsibilities for sheriffs, the Department of Corrections, the Georgia Bureau of Investigation, and sexual offenders; to require registered sexual offenders to verify required registration information with the sheriff whenever any changes occur to certain information and verify information at least annually within 72 hours of the sexual offender's birthday; to increase the duration for registration requirement; to provide for a procedure for certain sexual offenders to petition a court to be relieved of registration requirements; to require the sheriff to notify certain people and entities of the presence of sexual offenders in their community; to increase punishment for failure to comply with registration requirements; to change the appointing authority for the Sexual Offender Registration Review Board; to require the Sexual Offender Registration Review Board to classify sexual offenders; to require sexually dangerous predators to wear an electronic monitoring device for the balance of his or her life and to pay for such device; to require sexually dangerous predators to update required registration information twice yearly; to provide for employment restrictions for sexual offenders; to prohibit sexual offenders from loitering in certain locations; to correct cross-references; to change provisions relating to sexual offenders conditions for parole; to change provisions relating to chemical treatment and counseling as a condition of parole for child molesters; to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to allow the state and the defendant the right of direct appeal under certain circumstances; to provide for other FRIDAY, MARCH 24, 2006 4577 related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly finds and declares that recidivist sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Many sexual offenders are extremely likely to use physical violence and to repeat their offenses; and some sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. The General Assembly finds that this makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. The General Assembly further finds that the high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes: (1) Incarcerating sexual offenders and maintaining adequate facilities to ensure that decisions to release sexual predators into the community are not made on the basis of inadequate space; (2) Requiring the registration of sexual offenders, with a requirement that complete and accurate information be maintained and accessible for use by law enforcement authorities, communities, and the public; (3) Providing for community and public notification concerning the presence of sexual offenders; (4) Collecting data relative to sexual offenses and sexual offenders; (5) Requiring sexual predators who are released into the community to wear electronic monitoring devices for the rest of their natural life and to pay for such device; and (6) Prohibiting sexual predators from working with children, either for compensation or as a volunteer. The General Assembly further finds that the state has a compelling interest in protecting the public from sexual offenders and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual offenders to register and for requiring community and public notification of the presence of sexual offenders. The General Assembly declares that in order to protect the public, it is necessary that the sexual offenders be registered and that members of the community and the public be notified of a sexual offender's presence. The designation of a person as a sexual offender is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from the conviction of certain crimes. Likewise, the designation of a person as a sexual predator is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from findings by the Sexual Offender Registration Review Board and a court if requested by a sexual offender. 4578 JOURNAL OF THE HOUSE SECTION 2. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, and inserting in lieu thereof the following: "(a) Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the constitutional city courts, and such other courts or tribunals from which appeals are authorized by the Constitution and laws of this state: (1) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35; (2) All judgments involving applications for discharge in bail trover and contempt cases; (3) All judgments or orders directing that an accounting be had; (4) All judgments or orders granting or refusing applications for receivers or for interlocutory or final injunctions; (5) All judgments or orders granting or refusing applications for attachment against fraudulent debtors; (5.1)(6) Any ruling on a motion which would be dispositive if granted with respect to a defense that the action is barred by Code Section 16-11-184; (6)(7) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (7)(8) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; (8)(9) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will; and (9)(10) All final judgments of child support; and (11) All judgments or orders entered pursuant to subsection (c) of Code Section 1710-6.2." 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 the state, and inserting in lieu thereof the following: "(a) An appeal may be taken by and on behalf of the State of Georgia from the superior courts, state courts, City Court of Atlanta, and juvenile courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in criminal cases and adjudication of delinquency cases in the following instances: (1) From an order, decision, or judgment setting aside or dismissing any indictment, accusation, or petition alleging that a child has committed a delinquent act or any count thereof; (2) From an order, decision, or judgment arresting judgment of conviction or adjudication of delinquency upon legal grounds; FRIDAY, MARCH 24, 2006 4579 (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; (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; or (9) From an order, decision, or judgment issued pursuant to subsection (c) of Code Section 17-10-6.2." SECTION 4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking Code Section 16-5-21, relating to aggravated assault, and inserting in lieu thereof the following: "16-5-21. (a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or (3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. (b) Except as provided in subsections (c) through (i) (k) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. (e)(1) As used in this subsection, the term 'correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace 4580 JOURNAL OF THE HOUSE Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term 'correctional officer' shall also include county jail officers who are certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35. (2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (f.1)(g) Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five years nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term 'vehicle' includes without limitation any railcar. (g)(h) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years. (h)(i) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (i)(j) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years. (k) Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 1710-6.2." FRIDAY, MARCH 24, 2006 4581 SECTION 5. Said title is further amended by striking Code Section 16-5-40, relating to kidnapping, and inserting in lieu thereof the following: "16-5-40. (a) A person commits the offense of kidnapping when he abducts or steals away any person without lawful authority or warrant and holds such person against his will. (b) A person convicted of the offense of kidnapping shall be punished by: (1) Imprisonment imprisonment for not less than ten nor more than 20 years, provided that a person convicted of the offense of kidnapping for ransom shall be punished by if the kidnapping involved a victim who was14 years of age or older; (2) Imprisonment for life or by imprisonment for not less than 25 nor more than 50 years if the kidnapping involved a victim who is less than 14 years of age; (3) Life life imprisonment or by death and provided, further, that, if the person kidnapped shall have received bodily injury, the person convicted shall be punished by if the kidnapping was for ransom; or (4) Life life imprisonment or by death if the person kidnapped received bodily injury. (c) Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7." SECTION 6. Said title is further amended by striking Code Section 16-5-41, relating to false imprisonment, and inserting in lieu thereof the following: "16-5-41. (a) A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority. (b) A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than ten years. (c) Any person convicted under this Code section wherein the victim is not the child of the defendant and the victim is less than 14 years of age shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 7. Said title is further amended by striking subsection (a) of Code Section 16-5-110, relating to the publication of notices and information required for registered sex offenders, assessment for costs, and certain immunity, and inserting in lieu thereof the following: "(a) When a person who has been convicted of a crime for which that person is required to register under Code Section 42-1-12 makes his or her first report to a sheriff after such person's release from confinement, placement on probation, or upon establishing residency in the county, 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 4582 JOURNAL OF THE HOUSE 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; if available, the date, time, place of arrest,; and the disposition of the case. The notice and shall be published at or near the time the person registers with the sheriff at least once, and, at the sheriff's option, may be published more than once, in the legal organ of the appropriate county in the second week following such person's 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." SECTION 8. Said title is further amended by striking Code Section 16-6-1, relating to rape, and inserting in lieu thereof the following: "16-6-1. (a) A person commits the offense of rape when he has carnal knowledge of: (1) A female forcibly and against her will; or (2) A female who is less than ten years of age. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape. (b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life without parole, by imprisonment for life, or by imprisonment for not less than ten 25 nor more than 20 50 years. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (c) When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence." SECTION 9. Said title is further amended by striking Code Section 16-6-2, relating to sodomy and aggravated sodomy, and inserting in lieu thereof the following: "16-6-2. (a)(1) A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. (2) A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy. FRIDAY, MARCH 24, 2006 4583 (b)(1) Except as provided in subsection (d) of this Code section, a A person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (2) A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by imprisonment for not less than ten 25 nor more than 30 50 years. Any person convicted under this Code section of the offense of aggravated sodomy shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (c) When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be financially responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence. (d) If the victim is at least 13 but less than 16 years of age and the person convicted of sodomy is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 10. Said title is further amended by striking Code Section 16-6-3, relating to statutory rape, and inserting in lieu thereof the following: "16-6-3. (a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim. (b) Except as provided in subsection (c) of this Code section, a A person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years; provided, further, that if. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c) If the victim is 14 or 15 at least 13 but less than 16 years of age and the person so convicted of statutory rape is 18 years of age or younger and is no more than three four years older than the victim, such person shall be guilty of a misdemeanor." SECTION 11. Said title is further amended by striking Code Section 16-6-4, relating to child molestation and aggravated child molestation, and inserting in lieu thereof the following: "16-6-4. 4584 JOURNAL OF THE HOUSE (a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person. (b)(1) Except as provided in paragraph (2) of this subsection, a A person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon such first conviction of the offense of child molestation, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he or she shall sentence the defendant to imprisonment; provided, further, that upon a defendant's Upon a defendant being incarcerated on a conviction for such a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon Upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment. Adjudication of guilt or imposition of sentence for a conviction of a second or subsequent offense of child molestation, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld. (2) If the victim is at least 13 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy. (d)(1) Except as provided in paragraph (2) of this subsection, a A person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life or by imprisonment for not less than ten 25 nor more than 30 50 years. Any person convicted under this Code section of the offense of aggravated child molestation shall, in addition, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (2) A person convicted of the offense of aggravated child molestation when: (A) The victim is at least 13 but less than 16 years of age; (B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and (C) The basis of the charge of aggravated child molestation involves an act of sodomy FRIDAY, MARCH 24, 2006 4585 shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1. (2) The court sentencing a person who has been convicted of a first offense of aggravated child molestation when the victim is 16 years of age or younger at the time of the offense is authorized to require, before sentencing, that the defendant undergo a psychiatric evaluation to ascertain whether or not medroxyprogesterone acetate chemical treatment or its equivalent would be effective in changing the defendant's behavior. If it is determined by a qualified mental health professional that such treatment would be effective, the court may require, as a condition of probation and upon provisions arranged between the court and the defendant, the defendant to undergo medroxyprogesterone acetate treatment or its chemical equivalent which must be coupled with treatment by a qualified mental health professional. In case of a person sentenced to probation who is required to undergo such treatment or its chemical equivalent and is in the custody of a law enforcement agency or confined in a jail at the time of sentencing, when he or she becomes eligible for probation, such person shall begin medroxyprogesterone acetate treatment and counseling prior to his or her release from custody or confinement. A person sentenced to probation who is required to undergo such treatment and who is not in the custody of a law enforcement agency or confined in a jail at the time of sentencing shall be taken into custody or confined until treatment can begin. Additional treatment may continue after such defendant's release from custody or confinement until the defendant demonstrates to the court that such treatment is no longer necessary. No such treatment shall be administered until such person has been fully informed of the side effects of hormonal chemical treatment and has consented to the treatment in writing. The administration of the treatment shall conform to the procedures and conditions set out in subsection (c) of Code Section 42-9-44.2. (3) Any physician or qualified mental health professional who acts in good faith in compliance with the provisions of this Code section and subsection (c) of Code Section 42-9-44.2 in the administration of treatment or provision of counseling provided for in this Code section shall be immune from civil or criminal liability for his or her actions in connection with such treatment or counseling." SECTION 12. Said title is further amended by striking Code Section 16-6-5, relating to enticing a child for indecent purposes, and inserting in lieu thereof the following: "16-6-5. (a) A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts. (b) Except as provided in subsection (c) of this Code section, a A person convicted of the offense of enticing a child for indecent purposes shall be punished by imprisonment for not less than one ten nor more than 20 30 years. Any person convicted under this Code section of the offense of enticing a child for indecent purposes shall, in addition, 4586 JOURNAL OF THE HOUSE be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. Upon a first conviction of the offense of enticing a child for indecent purposes, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he shall sentence the defendant to imprisonment. Upon a second or third conviction of such offense, the defendant shall be punished by imprisonment for not less than five years. For a fourth or subsequent conviction of the offense of enticing a child for indecent purposes, the defendant shall be punished by imprisonment for 20 years. Adjudication of guilt or imposition of sentence for a conviction of a third, fourth, or subsequent offense of enticing a child for indecent purposes, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld. (c) If the victim is at least 13 but less than 16 years of age and the person convicted of enticing a child for indecent purposes is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 13. Said title is further amended by striking Code Section 16-6-5.1, relating to sexual assault against persons in custody, and inserting in lieu thereof the following: "16-6-5.1. (a) As used in this Code section, the term: (1) 'Actor' means a person accused of sexual assault. (2) 'Intimate parts' means the genital area, groin, inner thighs, buttocks, or breasts of a person. (3) 'Psychotherapy' means the professional treatment or counseling of a mental or emotional illness, symptom, or condition. (4) 'Sexual contact' means any contact between for the purpose of sexual gratification of the actor and a person not married to the actor involving with the intimate parts of a person not married to the actor either person for the purpose of sexual gratification of the actor. (b) A probation or parole officer or other custodian or supervisor of another person referred to in this Code section commits sexual assault when he or she engages in sexual contact with another person who is a probationer or parolee under the supervision of said probation or parole officer or who is in the custody of law or who is enrolled in a school or who is detained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than one ten nor more than three 30 years; provided, however, that any person convicted of the offense of sexual assault under this subsection of a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection of the offense of sexual assault shall, in FRIDAY, MARCH 24, 2006 4587 addition, be subject to the sentencing and punishment provisions of Code Section 1710-6.2. (c)(1) A person commits sexual assault when such person has supervisory or disciplinary authority over another person and such person engages in sexual contact with that other person who is: (A) In the custody of law; or (B) Detained in or is a patient in a hospital or other institution. (2) A person commits sexual assault when, as an actual or purported practitioner of psychotherapy, he or she engages in sexual contact with another person who the actor knew or should have known is the subject of the actor's actual or purported treatment or counseling, or, if the treatment or counseling relationship was used to facilitate sexual contact between the actor and said person. (3) Consent of the victim shall not be a defense to a prosecution under this subsection. (4) A person convicted of sexual assault under this subsection shall be punished by imprisonment for not less than one ten nor more than three 30 years; provided, however, that any person convicted of the offense of sexual assault under this subsection of a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (d) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, commits sexual assault when such person engages in sexual contact with another person who has been admitted to or is receiving services from such facility, person, or entity. A person convicted of sexual assault pursuant to this subsection shall be punished by imprisonment for not less than one ten nor more than five 30 years, or a fine of not more than $5,000.00, or both. Any violation of this subsection shall constitute a separate offense. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 14. Said title is further amended by striking Code Section 16-6-22, relating to incest, and inserting in lieu thereof the following: "16-6-22. (a) A person commits the offense of incest when he the person engages in sexual intercourse or oral or anal sex with a person to whom he or she knows he or she is related either by blood or by marriage as follows: (1) Father and daughter or stepdaughter child or stepchild; (2) Mother and son or stepson child or stepchild; 4588 JOURNAL OF THE HOUSE (3) Sibling Brother and sister of the whole blood or of the half blood and sibling of the whole blood or of the half blood; (4) Grandparent and grandchild; (5) Aunt and niece or nephew; or (6) Uncle and niece or nephew. As used in this Code section, the term 'oral or anal sex' means performing or submitting to any sexual act involving the sex organs of one person and the mouth or anus of another person. (b) A person convicted of the offense of incest shall be punished by imprisonment for not less than one ten nor more than 20 30 years; provided, however, that any person convicted of the offense of incest under this subsection with a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this Code section of the offense of incest shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 15. Said title is further amended by striking Code Section 16-6-22.1, relating to sexual battery, and inserting in lieu thereof the following: "16-6-22.1. (a) For the purposes of this Code section, the term 'intimate parts' means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female. (b) A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person. (c) Except as otherwise provided in this Code section, a person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature. (d) A person convicted of the offense of sexual battery against any child under the age of 16 years shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (e) Upon a second or subsequent conviction under this Code section, a person shall, in addition, be subject to the sentencing and punishment provisions of Code Section 1710-6.2." SECTION 16. Said title is further amended by striking Code Section 16-6-22.2, relating to aggravated sexual battery, and inserting in lieu thereof the following: "16-6-22.2. (a) For the purposes of this Code section, the term 'foreign object' means any article or instrument other than the sexual organ of a person. FRIDAY, MARCH 24, 2006 4589 (b) A person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person. (c) A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for life or by imprisonment for not less than ten 25 nor more than 20 50 years. Any person convicted under this Code section shall, in addition, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7." SECTION 17. Said title is further amended by inserting new Code Sections 16-6-25 and 16-6-26 to read as follows: "16-6-25. (a) As used in this Code section, the term 'law enforcement unit' means any agency, organ, or department of this state, or a subdivision or municipality thereof, whose primary functions include the enforcement of criminal or traffic laws; the preservation of public order; the protection of life and property; or the prevention, detection, or investigation of crime. Such term shall also include the Department of Corrections and the State Board of Pardons and Paroles. (b) Any person who knows or reasonably believes that a sexual offender, as defined in Code Section 42-1-12, is not complying, or has not complied, with the requirements of Code Section 42-1-12 and who, with the intent to assist such sexual offender in eluding a law enforcement unit that is seeking such sexual offender to question him or her about, or to arrest him or her for, his or her noncompliance with the requirements of Code Section 42-1-12: (1) Harbors, attempts to harbor, or assists another person in harboring or attempting harbor such sexual offender; (2) Conceals, attempts to conceal, or assists another person in concealing or attempting to conceal such sexual offender; or (3) Provides information to the law enforcement unit regarding such sexual offender which the person knows to be false information commits a felony and shall be punished by imprisonment for not less than five nor more than 20 years. 16-6-26. (a) As used in this Code section, the term 'disabled person' means any person with a mental or emotional illness, developmental disability, or addictive disease. (b) It shall be unlawful for any person to have carnal knowledge with a disabled person of the age of majority whom he or she knows or reasonably should know is incapable of giving consent to such activity. (c) A person convicted of violating the provisions of this Code section shall be punished by imprisonment for not less than ten nor more than 20 years." 4590 JOURNAL OF THE HOUSE SECTION 18. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking subsection (g) of Code Section 17-6-1, relating to where offenses are bailable and appeal bonds, and inserting in lieu thereof the following: "(g) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, aggravated child molestation, child molestation, kidnapping, trafficking in cocaine or marijuana, aggravated stalking, or aircraft hijacking and who has been sentenced to serve a period of incarceration of seven five years or more. The granting of an appeal bond to a person who has been convicted of any other felony offense or of any misdemeanor offense involving an act of family violence as defined in Code Section 19-13-1, or of any offense delineated as a high and aggravated misdemeanor or of any offense set forth in Code Section 40-6-391, shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies." SECTION 19. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 17-10-1, relating to the fixing of a sentence, and inserting in lieu thereof the following: "(a)(1) Except in cases in which life imprisonment, life without parole, or the death penalty may be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be within the minimum and maximum sentences prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, including service of a probated sentence in the sentencing options system, as provided by Article 9 of Chapter 8 of Title 42, and including the authority to revoke the suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court, even before the probationary period has begun, subject to the conditions set out in this subsection; provided, however, that such action shall be subject to the provisions of Code Section Sections 17-10-6.1 and 17-10-6.2." SECTION 20. Said title is further amended by striking Code Section 17-10-6.1, relating to punishment for serious violent offenders, and inserting in lieu thereof the following: "17-10-6.1. (a) As used in this Code section, the term 'serious violent felony' means: (1) Murder or felony murder, as defined in Code Section 16-5-1; (2) Armed robbery, as defined in Code Section 16-8-41; (3) Kidnapping, as defined in Code Section 16-5-40; FRIDAY, MARCH 24, 2006 4591 (4) Rape, as defined in Code Section 16-6-1; (5) Aggravated child molestation, as defined in subsection (c) of Code Section 16-64, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4; (6) Aggravated sodomy, as defined in Code Section 16-6-2; or (7) Aggravated sexual battery, as defined in Code Section 16-6-22.2. (b)(1) Notwithstanding any other provisions of law to the contrary, any person convicted of a the serious violent felony as defined in paragraphs (2) through (7) of subsection (a) of this Code section of kidnapping involving a victim who is 14 years of age or older or armed robbery shall be sentenced to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. (2) Notwithstanding any other provisions of law to the contrary, any person convicted of the serious violent felony of: (A) Kidnapping involving a victim who is less than 14 years of age; (B) Rape; (C) Aggravated child molestation, as defined in subsection (c) of Code Section 166-4, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4; (D) Aggravated sodomy, as defined in Code Section 16-6-2; or (E) Aggravated sexual battery, as defined in Code Section 16-6-22.2 shall be sentenced to a split sentence which shall include a mandatory minimum term of imprisonment of 25 years followed by probation for life. No portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. (3) No person convicted of a serious violent felony as defined in subsection (a) of this Code section shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation for first offenders, or any other provision of Georgia law relating to the sentencing of first offenders. The State of Georgia shall have the right to appeal any sentence which is imposed by the superior court which does not conform to the provisions of this subsection in the same manner as is provided for other appeals by the state in accordance with Chapter 7 of Title 5, relating to appeals or certiorari by the state. (c)(1) Except as otherwise provided in subsection (c) of Code Section 42-9-39, for a first conviction of a serious violent felony in which the defendant has been sentenced to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 14 20 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other 4592 JOURNAL OF THE HOUSE sentence-reducing measures under programs administered by the Department of Corrections. (2) For a first conviction of a serious violent felony in which the defendant has been sentenced to death but the sentence of death has been commuted to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 25 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections. (3) Any sentence imposed for the first conviction of any serious violent felony other than a sentence of life imprisonment or life without parole or death shall be served in its entirety as imposed by the sentencing court and shall not be reduced by any form of parole or early release administered by the State Board of Pardons and Paroles or by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court. (d) For purposes of this Code section, a first conviction of any serious violent felony means that the person has never been convicted of a serious violent felony under the laws of this state or of an offense under the laws of any other state or of the United States, which offense if committed in this state would be a serious violent felony. Conviction of two or more crimes charged on separate counts of one indictment or accusation, or in two or more indictments or accusations consolidated for trial, shall be deemed to be only one conviction." SECTION 21. Said title is further amended by adding a new Code section to follow Code Section 1710-6.1, relating to punishment for serious violent offenders, to read as follows: "17-10-6.2. (a) As used in this Code section, the term 'sexual offense' means: (1) Aggravated assault with the intent to rape, as defined in Code Section 16-5-21; (2) False imprisonment, as defined in Code Section 16-5-41, if the victim is not the child of the defendant and the victim is less than 14 years of age; (3) Sodomy, as defined in Code Section 16-6-2, unless subject to the provisions of subsection (d) of Code Section 16-6-2; (4) Statutory rape, as defined in Code Section 16-6-3, if the person convicted of the crime is 21 years of age or older; (5) Child molestation, as defined in subsection (a) of Code Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (b) of Code Section 16-6-4; (6) Enticing a child for indecent purposes, as defined in Code Section 16-6-5, unless subject to the provisions of subsection (c) of Code Section 16-6-5; (7) Sexual assault against persons in custody, as defined in Code Section 16-6-5.1; (8) Incest, as defined in Code Section 16-6-22; FRIDAY, MARCH 24, 2006 4593 (9) A second or subsequent conviction for sexual battery, as defined in Code Section 16-6-22.1; or (10) Sexual exploitation of children, as defined in Code Section 16-12-100. (b) Except as provided in subsection (c) of this Code section, and notwithstanding any other provisions of law to the contrary, any person convicted of a sexual offense shall be sentenced to a split sentence which shall include the minimum term of imprisonment specified in the Code section applicable to the offense. No portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and such sentence shall include, in addition to the mandatory imprisonment, an additional probated sentence of at least one year. No person convicted of a sexual offense shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation for first offenders, or any other provision of Georgia law relating to the sentencing of first offenders. (c)(1) In the court's discretion, the court may deviate from the mandatory minimum sentence as set forth in subsection (b) of this Code section, or any portion thereof, provided that: (A) The defendant has no prior conviction of an offense prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16; (B) The defendant did not use a deadly weapon or any object, device, or instrument which when used offensively against a person would be likely to or actually did result in serious bodily injury during the commission of the offense; (C) The court has not found evidence of a relevant similar transaction; (D) The victim did not suffer any serious physical injury during the commission of the offense; (E) The offense did not involve the asportation against the will of the victim; and (F) The victim was not physically restrained during the commission of the offense. (2) If the court deviates in sentencing pursuant to this subsection, the judge shall issue a written order setting forth the judge's reasons. Any such order shall be appealable by the defendant pursuant to Code Section 5-6-34, or by the State of Georgia pursuant to Code Section 5-7-1. (d) If the court imposes a probated sentence, the defendant shall submit to review by the Sexual Offender Registration Review Board for purposes of risk assessment classification within ten days of being sentenced and shall otherwise comply with Article 2 of Chapter 1 of Title 42." SECTION 22. Said title is further amended in subsection (b) of Code Section 17-10-30, relating to the procedure for implementation of the death penalty generally, by striking "or" at the end of paragraph (9), by adding "; or" at the end of paragraph (10), and by adding a new paragraph (11) to read as follows: 4594 JOURNAL OF THE HOUSE "(11) The offense of murder, rape, or kidnapping was committed by a person previously convicted of rape, aggravated sodomy, aggravated child molestation, or aggravated sexual battery." SECTION 23. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking subparagraph (A) of paragraph (4) of Code Section 35-3-30, relating to definitions used for the Georgia Crime Information Center article, and inserting in lieu thereof the following: "(A) 'Criminal history record information' means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, accusations, information, or other formal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release. Such term also includes the age and sex of each victim as provided by criminal justice agencies. The term does not include identification information, such as fingerprint records, to the extent that such information does not indicate involvement of the individual in the criminal justice system." SECTION 24. 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 adding a new Code Section 40-5-38 to read as follows: "40-5-38. (a)(1) Whenever any person is convicted on or after July 1, 2006, of a crime for which such person is required to register pursuant to Code Section 42-1-12, the court in which such conviction was entered shall issue an order canceling the person's driver's license. (2) Upon entering an order as required in this Code section, the court in which such conviction was entered shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward the same to the department, together with a copy of the order reflecting the cancellation of the person's driver's license. (3) Any person subject to an order of license cancellation entered pursuant to this Code section shall surrender his or her driver's license immediately to the court. If the license is lost or for any other reason surrender to the court is impossible, the court shall include such information in the order. (4) Upon receipt of an order issued pursuant to this Code section, the department shall cancel the driver's license of the person so convicted and no new driver's license shall be issued to the person unless he or she shall apply for a new license. (b)(1) Any person whose driver's license has been canceled in accordance with subsection (a) of this Code section may apply for a new driver's license which shall be identifiable to law enforcement officers as a license issued to a convicted sex offender subject to registration. The department shall verify that the applicant is registered in FRIDAY, MARCH 24, 2006 4595 accordance with Code Section 42-1-12 and, upon verification, shall issue a new driver's license in accordance with this Code section. If the sexual offender is not registered, the department shall not issue a new driver's license. (2) Any person who was convicted prior to July 1, 2006, who is required to register pursuant to Code Section 42-1-12, and whose driver's license expires or is canceled shall apply for a new driver's license which shall be identifiable to law enforcement officers as a license issued to a convicted sexual offender subject to registration. The department shall verify that the applicant is registered in accordance with Code Section 42-1-12 and, upon verification, shall issue a new driver's license in accordance with this Code section. If the sexual offender is not registered, the department shall not issue a new driver's license. (3) Any person who is subject to the registration requirements of Code Section 42-112 shall only have a driver's license which is identifiable to law enforcement officers as a license issued to a convicted sexual offender subject to registration unless and until he or she provides satisfactory proof to the department that he or she is no longer subject to registration pursuant to Code Section 42-1-12. (4) Any person who is subject to the provisions of this Code section shall not be eligible to renew, replace, or otherwise obtain his or her driver's license by any means other than appearance in person. (c) The department shall, by rule and regulation, provide that all licenses issued to applicants subject to this Code section shall be so designated as to be readily distinguishable by law enforcement officers from all other licenses issued to other applicants. (d) The department shall provide a list annually to the Georgia Bureau of Investigation containing the name, address, date of birth, and driver's license number of each person to whom a driver's license was issued pursuant to this Code section." SECTION 25. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by designating Code Sections 42-1-1 through 42-1-11 as Article 1 of Chapter 1, striking in their entirety Code Sections 42-1-12 and 42-1-13, and inserting in their place a new Article 2 to read as follows: "ARTICLE 2 42-1-12. (a) As used in this article, the term: (1) 'Address' means the street or route address of the sexual offender's residence. For purposes of this Code section, the term does not mean a post office box, and homeless does not constitute an address. (2) 'Appropriate official' means: (A) With respect to a sexual offender who is sentenced to probation without any sentence of incarceration in the state prison system or who is sentenced pursuant to 4596 JOURNAL OF THE HOUSE 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 a sexual 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; (C) With respect to a sexual 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 a sexual offender who is placed on probation through a private probation agency, the director of the private probation agency or his or her designee. (3) 'Area where minors congregate' shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, bus stops, and all other places established for the public to congregate and wait for public transportation. (4) 'Assessment criteria' means the tests that the board members use to determine the likelihood that a sexual offender will commit another criminal offense against a victim who is a minor or commit a dangerous sexual offense. (5) 'Board' means the Sexual Offender Registration Review Board. (6) 'Child care facility' means all public and private pre-kindergarten facilities, daycare centers, child care learning centers, preschool facilities, and long-term care facilities for children. (7) 'Church' means a place of public religious worship. (8) '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 defendant's 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 defendant's discharge. (9)(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 FRIDAY, MARCH 24, 2006 4597 (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 minor's 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 subparagraph (a)(9)(B) of this Code section, conduct which is punished as for a misdemeanor or which is prosecuted in juvenile court shall not be considered a criminal offense against a victim who is a minor. (10)(A) 'Dangerous sexual offense' with respect to convictions occurring after June 30, 2006, means any criminal offense under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-5-2; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) False imprisonment in violation of Code Section 16-5-41 which involves a victim who is less than 14 years of age, except by a parent; (iv) Rape in violation of Code Section 16-6-1; (v) Sodomy in violation of Code Section 16-6-2; (vi) Aggravated sodomy in violation of Code Section 16-6-2; (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (viii) Child molestation in violation of Code Section 16-6-4; 4598 JOURNAL OF THE HOUSE (ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense; (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xi) Sexual assault against persons in custody in violation of Code Section 16-65.1; (xii) Incest in violation of Code Section 16-6-22; (xiii) A second conviction for sexual battery in violation of Code Section 16-622.1; (xiv) Aggravated sexual battery in violation of Code Section 16-6-23; (xv) Sexual exploitation of children in violation of Code Section 16-12-100; (xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1; (xvii) Computer pornography and child exploitation prevention in violation of Code Section 16-12-100.2; (xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or (xix) Any conduct which, by its nature, is a sexual offense against a minor or an attempt to commit a sexual offense against a minor. (B) For purposes of this paragraph, conduct which is punished as for a misdemeanor or which is prosecuted in juvenile court shall not be considered a dangerous sexual offense. (11) 'Institution of higher education' means a private or public community college, state university, state college, or independent postsecondary institution. (12) 'Level I risk assessment classification' means the sexual offender is a low sex offense risk and low recidivism risk for future sexual offenses. (13) 'Level II risk assessment classification' means the sexual offender is an intermediate sex offense risk and intermediate recidivism risk for future sexual offenses and includes all sexual offenders who do not meet the criteria for classification either as a sexually dangerous predator or for Level I risk assessment. (14) 'Minor' means any individual under the age of 18 years and any individual that the sexual offender believed at the time of the offense was under the age of 18 years if such individual was the victim of an offense. (15) 'Required registration information' means: (A) Name; social security number; age; race; sex; date of birth; height; weight; hair color, eye color, fingerprints; and photograph; (B) Address of any permanent residence and address of any current temporary residence, within the state or out of state, and, if applicable in addition to the address, a rural route address and a post office box; (C) If the place of residence is a motor vehicle or trailer, provide the vehicle identification number, the license tag number, and a description, including color scheme, of the motor vehicle or trailer; (D) If the place of residence is a mobile home, provide the mobile home location permit number; the name and address of the owner of the home; a description, FRIDAY, MARCH 24, 2006 4599 including the color scheme of the mobile home; and, if applicable, a description of where the mobile home is located on the property; (E) If the place of residence is a manufactured home, provide the name and address of the owner of the home; a description, including the color scheme of the manufactured home; and, if applicable, a description of where the manufactured home is located on the property; (F) If the place of residence is a vessel, live-aboard vessel, or houseboat, provide the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat; (G) Date of employment, place of any employment, and address of employer; (H) Place of vocation and address of the place of vocation; (I) Vehicle make, model, color, and license tag number; (J) If enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the name, address, and county of each institution, including each campus attended, and enrollment or employment status; and (K) The name of the crime or crimes for which the sexual offender is registering and the date released from prison or placed on probation, parole, or supervised release. (16) 'Risk assessment classification' means the notification level into which a sexual offender is placed based on the board's assessment. (17) 'School' means all public and private kindergarten, elementary, and secondary schools. (18) 'Sexual offender' means any individual: (A) Who has been convicted of a criminal offense against a victim who is a minor or any dangerous sexual offense; or (B) Who has been 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 criminal offense against a victim who is a minor or a dangerous sexual offense. (19) 'Sexually dangerous predator' means a sexual offender: (A) Who was designated as a sexually violent offender between July 1, 1996, and June 30, 2006; or (B) Who has been convicted on or after July 1, 2006, of a dangerous sexual offense; and who is determined by the Sexual Offender Registration Review Board to be at risk of perpetrating any future dangerous sexual offense. (20) 'Vocation' means any 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) Before a sexual offender who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate official shall: 4600 JOURNAL OF THE HOUSE (1) Inform the sexual offender of the obligation to register, the amount of the registration fee, and how to maintain registration; (2) Obtain the information necessary for the required registration information; (3) Inform the sexual offender that, if the sexual offender changes any of the required registration information, other than residence address, the sexual offender shall give the new information to the sheriff of the county with whom the sexual offender is registered within 72 hours of the change of information; if the information is the sexual offender's new residence address, the sexual offender shall give the information to the sheriff of the county with whom the sexual offender last registered within 72 hours prior to moving and to the sheriff of the county to which the sexual offender is moving within 72 hours after the change of information; (4) Inform the sexual offender that he or she shall also register in any state where he or she is employed, carries on a vocation, or is a student; (5) Inform the sexual offender that, if he or she changes residence to another state, the sexual offender shall register the new address with the sheriff of the county with whom the sexual offender last registered, and that the sexual offender shall also register with a designated law enforcement agency in the new state within 72 hours after establishing residence in the new state; (6) Obtain fingerprints and a current photograph of the sexual offender; (7) Require the sexual offender to read and sign a form stating that the obligations of the sexual offender have been explained; (8) Obtain and forward any information obtained from the clerk of court pursuant to Code Section 42-5-50 to the sheriff's office of the county in which the sexual offender will reside; and (9) If required by Code Section 42-1-14, place any required electronic monitoring device on the sexually dangerous predator and explain its operation and cost. (c) The Department of Corrections shall: (1) Forward to the Georgia Bureau of Investigation a copy of the form stating that the obligations of the sexual offender have been explained; (2) Forward any required registration information to the Georgia Bureau of Investigation; (3) Forward the sexual offender's fingerprints and photograph to the sheriff's office of the county where the sexual offender is going to reside; (4) Inform the board and the prosecuting attorney for the jurisdiction in which a sexual offender was convicted of the impending release of a sexual offender at least eight months prior to such release so as to facilitate compliance with Code Section 421-14; and (5) Keep all records of sexual offenders in a secure facility until official proof of death of a registered sexual offender and thereafter the records shall be destroyed in accordance with Code Sections 15-1-10, 15-6-62, and 15-6-62.1. (d) No sexual offender shall be released from prison or placed on parole, supervised release, or probation until: FRIDAY, MARCH 24, 2006 4601 (1) The appropriate official has provided the Georgia Bureau of Investigation and the sheriff's office in the county where the sexual offender will be residing with the sexual offender's required registration information and risk assessment classification level; and (2) The sexual offender's name has been added to the list of sexual offenders maintained by the Georgia Bureau of Investigation and the sheriff's office as required by this Code section. (e) Registration pursuant to this Code section shall be required by any individual who: (1) Is convicted on or after July 1, 1996, of a criminal offense against a victim who is a minor; (2) Is convicted on or after July 1, 2006, of a dangerous sexual offense; (3) Has previously been convicted of a criminal offense against a minor and may be released from prison or placed on parole, supervised release, or probation on or after July 1, 1996; (4) Has previously been convicted of a sexually violent offense and may be released from prison or placed on parole, supervised release, or probation; (5) Is a resident of Georgia who intends to reside in this state and who is convicted under the laws of another state or the United States, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense, a criminal offense against a victim who is a minor on or after July 1, 1999, or a dangerous sexual offense on or after July 1, 2006; (6) Is a nonresident sexual offender who changes residence from another state or territory of the United States to Georgia who is required to register as a sexual offender under federal law, military law, tribal law, or the laws of another state or territory, regardless of when the conviction occurred; (7) Is a nonresident sexual offender who enters this state for the purpose of employment or any other reason for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory; or (8) Is a nonresident sexual offender who enters this state for the purpose of attending school as a full-time or part-time student regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory. (f) Any sexual offender required to register under this Code section shall: (1) Provide the required registration information to the appropriate official before being released from prison or placed on parole, supervised release, or probation; (2) Register with the sheriff of the county in which the sexual offender resides within 72 hours after the sexual offender's release from prison or placement on parole, supervised release, probation, or entry into this state; (3) Maintain the required registration information with the sheriff of the county in which the sexual offender resides; 4602 JOURNAL OF THE HOUSE (4) Renew the required registration information with the sheriff of the county in which the sexual offender resides by reporting to the sheriff within 72 hours prior to such offender's birthday each year to be photographed and fingerprinted; (5) Update the required registration information with the sheriff of the county in which the sexual offender resides within 72 hours of any change to the required registration information, other than residence address; if the information is the sexual offender's new residence address, the sexual offender shall give the information to the sheriff of the county with whom the sexual offender last registered within 72 hours prior to any change of residence address and to the sheriff of the county to which the sexual offender is moving within 72 hours after establishing the new residence; (6) If convicted of a dangerous sexual offense on or after July 1, 2006, pay to the sheriff of the county where the sexual offender resides an annual registration fee of $250.00 upon each anniversary of such registration; and (7) Continue to comply with the registration requirements of this Code section for the entire life of the sexual offender, including ensuing periods of incarceration. (g)(1) Any sexual offender required to register under this Code section who meets the criteria set forth in paragraph (2) of this Code section may petition the superior court of the jurisdiction in which the sexual offender is registered to be released from the registration requirements of this Code section. The court may issue an order releasing the sexual offender from further registration if the court finds that the sexual offender does not pose a substantial risk of perpetrating any future dangerous sexual offense. (2) In order to petition the court pursuant to paragraph (1) of this subsection, the sexual offender shall: (A) Have been convicted of: (i) Sodomy, as defined in Code Section 16-6-2; (ii) Statutory rape, as defined in Code Section 16-6-3; (iii) Child molestation, as defined in subsection (a) of Code Section 16-6-4; (iv) Aggravated child molestation when the basis of the charge involves an act of sodomy; or (v) Enticing a child for indecent purposes, as defined in Code Section 16-6-5; (B) Have been under 21 years of age at the time of the commission of the offense; (C) Not have a prior conviction of an offense prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16; (D) Not have used a deadly weapon or any object, device, or instrument which when used offensively against a person would be likely to or actually did result in serious bodily injury during the commission of the offense; (E) Not have caused the victim to suffer any physical injury or visible bodily harm during the commission of the offense; (F) Have been declared a Level I risk assessment classification by the board if convicted on or after July 1, 2006, or if convicted prior to July 1, 2006, have FRIDAY, MARCH 24, 2006 4603 requested the board for an evaluation and have been declared by the board to be a Level I risk assessment classification; and (G) Have had ten years elapse since his or her release from prison, parole, supervised release, or probation. (h)(1) The appropriate official or sheriff shall, within 72 hours after receipt of the required registration information, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the Criminal Justice Information System by the appropriate official or sheriff, the Georgia Crime Information Center shall notify the sheriff of the sexual offender's county of residence, either permanent or temporary, the sheriff of the county of employment, and the sheriff of the county where the sexual offender attends an institution of higher education within 24 hours of entering the data or any change to the data. (2) The Georgia Bureau of Investigation shall: (A) Transmit all information, including the conviction data and fingerprints, to the Federal Bureau of Investigation within 24 hours of entering the data; (B) Establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation; and (C) Perform mail out and verification duties as follows: (i) Send each month Criminal Justice Information System network messages to sheriffs listing sexual offenders due for verification; (ii) Create a photo image file from original entries and provide such entries to sheriffs to assist in sexual offender identification and verification; (iii) Mail a nonforwardable verification form to the last reported address of the sexual offender within ten days prior to the sexual offender's birthday; (iv) If the sexual offender changes residence to another state, notify the law enforcement agency with which the sexual offender shall register in the new state; and (v) Maintain records required under this Code section. (i) The sheriff's office in each county shall: (1) Prepare and maintain a list of all sexual offenders and sexually dangerous predators residing in each county. Such list shall include the sexual offender's name; age; physical description; address; crime of conviction, including conviction date and the jurisdiction of the conviction; photograph; and the risk assessment classification level provided by the board, and an explanation of how the board classifies sexual offenders and sexually dangerous predators; (2) Electronically submit and update all information provided by the sexual offender within two working days to the Georgia Bureau of Investigation in a manner prescribed by the Georgia Bureau of Investigation; (3) Maintain and post a list of every sexual offender residing in each county: (A) In the sheriff's office; (B) In any county administrative building; (C) In the main administrative building for any municipal corporation; 4604 JOURNAL OF THE HOUSE (D) In the office of the clerk of the superior court so that such list is available to the public; and (E) On a website maintained by the sheriff of the county for the posting of general information; (4) Update the public notices required by paragraph (3) of this Code section within two working days; (5) Inform the public of the presence of sexual offenders in each community; (6) Update the list of sexual offenders residing in the county upon receipt of new information affecting the residence address of a sexual offender or upon the registration of a sexual offender moving into the county by virtue of release from prison, relocation from another county, conviction in another state, federal court, military tribunal, or tribal court. Such list, and any additions to such list, shall be delivered immediately to all schools or institutions of higher education located in the county; (7) Within 72 hours of the receipt of changed required registration information, notify the Georgia Bureau of Investigation through the Criminal Justice Information System of each change of information; (8) Retain the verification form stating that the sexual offender still resides at the address last reported; (9) Enforce the criminal provisions of this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation to enforce the provisions of this Code section; (10) Cooperate and communicate with other sheriffs offices in this state and in the United States to maintain current data on the location of sexual offenders; (11) Determine the appropriate time of day for reporting by sexual offenders, which shall be consistent with the reporting requirements of this Code section; (12) If required by Code Section 42-1-14, place any electronic monitoring device on the sexually dangerous predator and explain its operation and cost; (13) Provide current information on names and addresses of all registered sexual offenders to campus police with jurisdiction for the campus of an institution of higher education if the campus is within the sheriff's jurisdiction; and (14) Collect the annual $250.00 registration fee from the sexual offender and transmit such fees to the state for deposit into the General Fund. (j)(1) The sheriff of the county where the sexual offender resides or last registered shall be the primary law enforcement official charged with communicating the whereabouts of the sexual offender and any changes in required registration information to the sheriff's office of the county or counties where the sexual offender is employed, volunteers, attends an institution of higher education, or moves. (2) The sheriff's office may post the list of sexual offenders in any public building in addition to those locations enumerated in subsection (h) of this Code section. (k) The Georgia Crime Information Center shall create the Criminal Justice Information System network transaction screens by which appropriate officials shall enter original data required by this Code section. Screens shall also be created for FRIDAY, MARCH 24, 2006 4605 sheriffs offices for the entry of record confirmation data; employment; changes of residence, institutions of higher education, or employment; or other pertinent data to assist in sexual offender identification. (l)(1) On at least 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 school in this state. In addition, the Department of Education shall provide information to each school in this state on accessing and retrieving from the Georgia Bureau of Investigation's website a list of the names and addresses of all registered sexual offenders. (2) On at least an annual basis, the Department of Early Care and Learning shall provide current information to all child care programs regulated pursuant to Code Section 20-1A-10 and to all child care learning centers, day-care, group day-care, and family day-care programs regulated pursuant to Code Section 49-5-12 on accessing and retrieving from the Georgia Bureau of Investigation's 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, commissioning, or registration for early care and education programs. (3) On at least an annual basis, the Department of Human Resources shall provide current information to all long-term care facilities for children on accessing and retrieving from the Georgia Bureau of Investigation's website a list of the names and addresses of all registered sexual offenders. (m) Within ten days of the filing of a defendant's 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. (n) Any individual who: (1) Is required to register under this Code section and who fails to comply with the requirements of this Code section; (2) Provides false information; or (3) Fails to respond directly to the sheriff within 72 hours of such individual's birthday shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that upon the conviction of the second offense under this subsection, the defendant shall be punished by imprisonment for life. (o) The information collected pursuant to this Code section 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; and (3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall, in addition to the requirements of this Code section to 4606 JOURNAL OF THE HOUSE inform the public of the presence of sexual offenders in each community, release such other relevant information collected under this Code section that is necessary to protect the public concerning sexual offenders 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. (p) 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. (q) Law enforcement agencies, employees of law enforcement agencies, and state officials shall be immune from liability for good faith conduct under this article. 42-1-13. (a) 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 the board shall be appointed by the commissioner of human resources for terms of four years. On and after July 1, 2006, successors to the members of the board shall be appointed by the Governor. 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. (b) The board shall be attached to the Department of Human Resources for administrative purposes and, provided there is adequate funding, shall: (1) Exercise its quasi-judicial, rule-making, or policy-making functions independently of the department and without approval or control of the department; (2) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and (3) 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. (c) Members of the board shall be immune from liability for good faith conduct under this article. 42-1-14. (a) The board shall determine the likelihood that a sexual offender will engage in another crime against a victim who is a minor or a dangerous sexual offense. The FRIDAY, MARCH 24, 2006 4607 board shall make such determination for any sexual offender convicted on or after July 1, 2006, of a criminal act against a minor or a dangerous sexual offense and for any sexual offender incarcerated on July 1, 2006, but convicted prior to July 1, 2006, of a criminal act against a minor. Such determination shall not be required to be made by the board until January 1, 2007; provided, however, that such persons shall be subject to this Code section. A sexual offender shall be placed into Level I risk assessment classification, Level II risk assessment classification, or sexually dangerous predator classification based upon the board's assessment criteria and information obtained and reviewed by the board. The sexual offender may provide the board with information including, but not limited to, psychological evaluations, sexual history polygraph information, treatment history, personal, social, educational, and work history, and may agree to submit to a psychosexual evaluation or sexual history polygraph conducted by the board. If the sexual offender has undergone treatment through the Department of Corrections, such treatment records shall also be submitted to the board for evaluation. The prosecuting attorney shall provide the board with any information available to assist the board in rendering an opinion, including, but not limited to, criminal history and records related to previous criminal history. On and after July 1, 2006, the clerk of court shall send a copy of the sexual offender's conviction to the board and notify the board that a sexual offender's evaluation will need to be performed. The board shall render its recommendation for risk assessment classification within: (1) Sixty days of receipt of a request for an evaluation if the sexual offender is being sentenced pursuant to subsection (c) of Code Section 17-10-6.2; (2) Six months prior to the sexual offender's proposed release from confinement if the offender is incarcerated; and (3) Forty-five days of receipt of the required registration information if the sexual offender has entered this state from another state and registered as a sexual offender. The board shall send a copy of its risk assessment classification to the Department of Corrections, sexual offender, and sentencing court, if applicable. (b)(1) If the sexual offender has been sentenced pursuant to subsection (c) of Code Section 17-10-6.2, after receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may request that the sentencing court set a date to conduct a hearing affording the sexual 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 sexual offender shall be classified as a sexually dangerous predator. If the court determines the sexual offender to be a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (2) If the sexual offender received a sentence of imprisonment and was sentenced for a dangerous sexual offense on or after July 1, 2006, or if the sexual offender is incarcerated on July 1, 2006, for a crime against a victim who is a minor, after receiving a recommendation from the board that he or she be classified as a sexually 4608 JOURNAL OF THE HOUSE dangerous predator, the sexual offender may request that the sentencing court set a date to conduct a hearing affording the sexual 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 sexual offender shall be classified as a sexually dangerous predator. If the court determines the sexual offender to be a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (c) Any sexual offender who changes residence from another state or territory of the United States to this state and who is not designated as a sexually dangerous predator, sexual predator, or a sexually violent predator shall have his or her required registration information forwarded by the sheriff of his or her county of registration to the board for the purpose of risk assessment classification. After receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may, within 30 days after the issuance of such classification, request a hearing before an administrative law judge. Such hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board subject to the right of judicial review in accordance with Chapter 13 of Title 50. If the final determination is that the sexual offender is classified as a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (d) Any individual who was classified as a sexually violent predator prior to July 1, 2006, shall be classified as a sexually dangerous predator on and after July 1, 2006. (e) Any sexually dangerous predator shall be required to wear an electronic monitoring device that, at a minimum, shall provide: (1) Continuous near real-time tracking of the geographic location of the sexually dangerous predator 24 hours per day, seven days per week using a global positioning system based on satellite and other location technology; (2) A continuous wear active global positioning system tracking device, permanently attached to the sexually dangerous predator's body, which timely receives the location information, stores and archives the location information, and transmits the location information to a monitoring center to automatically report if the predator is in a prohibited area or departs from a specified geographic limitation or if the predator removes or tampers with the tracking device; and (3) A system that automatically compares and correlates the geographic positions of monitored predators with law enforcement agencies reported crime incidents and automatically generates a daily report showing whether the predator was in the proximity of such reported crime incidents. Such monitor shall be worn by a sexually dangerous predator for the remainder of his or her natural life. The sexually dangerous predator shall pay the cost of such monitor to the Department of Corrections if the sexually dangerous predator is on probation; to the Board of Pardons and Paroles if the sexually dangerous predator is on parole; and to FRIDAY, MARCH 24, 2006 4609 the sheriff after the sexually dangerous predator completes his or her term of probation and parole or if the sexually dangerous predator has moved to this state from another state, territory, or country. The monitor shall be placed upon the sexually dangerous predator prior to his or her release from confinement. If the sexual offender is not in custody, within 72 hours of the decision classifying the sexual offender as a sexually dangerous predator by the court in accordance with subsection (b) of this Code section or a final decision pursuant to subsection (c) of this Code section, whichever applies to the sexual offender's situation, the sexually dangerous predator shall report to the sheriff of the county of his or her residence for purposes of having the monitor placed on the sexually dangerous predator. (f) In addition to the requirements of registration for all sexual offenders, a sexually dangerous predator shall report to the sheriff of the county where such predator resides six months following his or her birth month and update or verify his or her required registration information. 42-1-15. (a) No individual required to register pursuant to Code Section 42-1-12 shall reside or loiter within 1,000 feet of any child care facility, church, school, or area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, church, school, or area where minors congregate at their closest points. (b) No individual who is required to register under Code Section 42-1-12 shall be employed by any child care facility, school, or church or by any business or entity that is located within 1,000 feet of an area where minors congregate, a child care facility, a school, or a church. (c) Any sexual offender who knowingly violates the provisions of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years. (d) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12. 42-1-16. (a) An individual required to register pursuant to Code Section 42-1-12 shall not be allowed to enter any school or child care facility for the purpose of conducting a parent teacher meeting, visiting, working, or any other purpose except as provided in this Code section. Prior to entering any school or child care facility, a sexual offender shall request permission in writing and receive from the school or facility administrator written authorization to enter the school or child care facility. The school or facility administrator shall respond to the request in writing regarding the decision to authorize such access within three business days from the receipt of the request. 4610 JOURNAL OF THE HOUSE (b) A sexual offender who is also a parent, legal guardian, or authorized caretaker of a child attending a school or child care facility shall not be denied access to enter the grounds of the school or child care facility for the specific purpose of dropping off or picking up such a child in a car pool line or for the purpose of picking up such a child in the event of a medical or family emergency; provided, however, that such access may be denied unless the sexual offender provides prior written notice to the school or facility administrator of his or her requirement to register as a sexual offender. Such notice shall be made at the beginning of the school year or at the time of registration or enrollment or at least five school days prior to dropping off or picking up a child at the school or child care facility. If such notice is not timely received, access to the school or child care facility may be denied. (c) Any sexual offender who knowingly violates the requirements of this Code section shall be guilty of a misdemeanor." SECTION 26. Said title is further amended by striking subsection (b) of Code Section 42-8-35, relating to terms and conditions of probation, and inserting in lieu thereof the following: "(b) In determining the terms and conditions of probation for a probationer who has been convicted of a criminal offense against a victim who is a minor or dangerous sexual offense as that phrase is those terms are defined in subparagraph (a)(4)(B) of Code Section 42-1-12, the court may provide that the probationer shall be: (1) Prohibited from entering or remaining present at a victim's school, place of employment, place of residence, or other specified place at times when a victim is present or from entering or remaining present loitering in areas where minors congregate, child care facilities, churches, or schools as those terms are defined in subsection (a) of Code Section 42-1-13 42-1-12; (2) Required to wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning systems. The Unless the probationer is indigent, the department shall assess and collect fees from the probationer for such monitoring at levels set by regulation by the department; and (3) Prohibited from seeking election to a Local Board of Education local board of education." SECTION 27. Said title is further amended by striking Code Section 42-8-60, relating to probation prior to adjudication of guilt, and inserting in lieu thereof the following: "42-8-60. (a) Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt, in the case of a defendant who has not been previously convicted of a felony, the court may, without entering a judgment of guilt and with the consent of the defendant: (1) Defer further proceeding and place the defendant on probation as provided by law; or FRIDAY, MARCH 24, 2006 4611 (2) Sentence the defendant to a term of confinement as provided by law. (b) Upon violation by the defendant of the terms of probation, upon a conviction for another crime during the period of probation, or upon the court determining that the defendant is or was not eligible for sentencing under this article, the court may enter an adjudication of guilt and proceed as otherwise provided by law. No person may avail himself or herself of this article on more than one occasion. (c) The court shall not sentence a defendant under the provisions of this article and, if sentenced under the provisions of this article, shall not discharge the defendant upon completion of the sentence unless the court has reviewed the defendant's criminal record as such is on file with the Georgia Crime Information Center. (d) The court shall not sentence a defendant under the provisions of this article who has been found guilty of or entered a plea of guilty of a plea of nolo contendere for: (1) A serious violent felony as such term is defined in Code Section 17-10-6.1; (2) A sexual offense as such term is defined in Code Section 17-10-6.2; (3) Sexual exploitation of a minor as defined in Code Section 16-12-100; (4) Electronically furnishing obscene material to a minor as defined in Code Section 16-12-100.1; or (5) Computer pornography and child exploitation, as defined in Code Section 16-12100.2." SECTION 28. Said title is further amended by striking in its entirety Code Section 42-9-44.1, relating to conditions of parole for sexual offenders, and inserting in lieu thereof the following: "42-9-44.1. (a) As used in this Code section, the term 'sexual offense' means a violation of Code Section 16-6-1, 16-6-2, 16-6-5.1, 16-6-22, or 16-6-22.2 when the victim was under 18 years of age at the time of the commission of the offense or a violation of Code Section 16-6-3, 16-6-4, or 16-6-5 when the victim was under 14 years of age at the time of the commission of the offense. (b)(1) The board shall adopt rules providing that with respect to any person who has been convicted of a sexual offense, as a condition of parole, the offender shall be ordered to give notice of his or her name and address, the crime for which he or she was convicted, and the date of parole to: (A) The superintendent of the public school district where the offender will reside; and (B) The sheriff of the county wherein the offender will reside. (2) The offender shall provide the notice and information required in paragraph (1) of this subsection within ten days of the release on parole or within ten days of setting up residency in the locale where the offender plans to have his or her domicile. (c) Any sex offender who has been paroled and who moves his or her legal residence from one county within this state to another county within this state shall be required to provide the information and notice required in subsection (b) of this Code section with 4612 JOURNAL OF THE HOUSE respect to his or her new residence within ten days after moving during the period of his or her parole. (d) Any person who fails to comply with the requirements of this Code section or who provides false information shall, in the case of a person on parole, be in violation of such person's conditions of parole and shall be guilty of a misdemeanor. (e) 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 offenders providing information to the sheriff under this Code section. Such register shall be open to public inspection. (f) The requirement that a sex offender provide notice and information pursuant to subsections (b) and (c) of this Code section shall terminate upon the offender's satisfactory completion of his or her terms of parole. Reserved." SECTION 29. Said title is further amended by striking in its entirety Code Section 42-9-44.2, relating to chemical treatment and counseling as a condition of parole for child molesters, and inserting in lieu thereof the following: "42-9-44.2. (a) The Board of Pardons and Paroles may in the exercise of its discretion in considering the grant of parole to a person who has been convicted of a second or subsequent offense of child molestation of a child who was 16 years of age or younger at the time of the offense or who has been convicted of a first offense of aggravated child molestation of a child who was 16 years of age or younger at the time of the offense require, as a condition of parole, that such person undergo medroxyprogesterone acetate treatment or its chemical equivalent. While undergoing such treatment, such person must participate in and pay for counseling currently available from a private or public provider of outpatient mental health services. No such treatment shall be administered until such person has consented thereto in writing. (b) A person who is required to undergo medroxyprogesterone acetate treatment or its chemical equivalent and counseling as a condition of parole shall begin such treatment prior to his or her release from confinement in the state correctional institution or other institution, but additional treatment may continue after such defendant's release on parole until the defendant demonstrates to the board that such treatment is no longer necessary. (c) The provision of treatment required as a condition of parole shall be administered by the State Board of Pardons and Paroles through licensed medical personnel employed by the defendant and approved by the board. Any physician or qualified mental health professional who acts in good faith in compliance with the provisions of this Code section in the administration of treatment or provision of counseling provided for in this Code section shall be immune from civil or criminal liability for his or her actions in connection with such treatment. The Department of Corrections shall permit access by such licensed medical personnel for such purpose to any person required to begin the treatment and counseling while confined in a facility of the department. The medical personnel utilized or approved by the board shall be required to inform the FRIDAY, MARCH 24, 2006 4613 person about the effect of hormonal chemical treatment and any side effects that may result from it. A person subject to treatment under this Code section shall acknowledge in writing the receipt of this information. Reserved." SECTION 30. (a) This Act shall become effective July 1, 2006. (b) Any person required to register pursuant to the provisions of Code Section 42-1-12, relating to the state sexual offender registry, and any person required not to reside within areas where minors congregate, as prohibited by Code Section 42-1-13, shall not be relieved of the obligation to comply with the provisions of said Code sections by the repeal and reenactment of said Code sections. (c) The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment. SECTION 31. All laws and parts of laws in conflict with this Act are repealed. Representative Keen of the 179th moved that the House disagree to the Senate substitute to HB 1059. The motion prevailed. HB 1313. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others: A BILL to be entitled an Act to amend Title 8 of the O.C.G.A., relating to buildings and housing, Title 22 of the O.C.G.A., relating to eminent domain, and Title 36 of the O.C.G.A., relating to local government, so as to provide for the comprehensive revision of provisions regarding eminent domain; to provide for a short title; to change certain provisions regarding a housing authority's eminent domain power; to change certain language relating to blighted areas; to provide for a new definition of blighted areas; to change certain provisions regarding housing authorities power of eminent domain; to amend Chapter 3 of Title 23 of the O.C.G.A., relating to equitable remedies and proceedings, so as to grant standing to municipalities and counties to seek certain equitable remedies and proceedings; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL 4614 JOURNAL OF THE HOUSE To amend Titles 8, 22, 23, and 36 of the Official Code of Georgia Annotated, relating to buildings and housing, eminent domain, equity, and local government, respectively, so as to provide for the comprehensive revision of provisions regarding the power of eminent domain; to provide for a short title; to change certain provisions regarding a housing authority's power of eminent domain; to change certain provisions regarding the acquisition powers of housing authorities; to change certain provisions relating to legislative findings regarding blighted properties; to provide for a new definition of blighted properties; to provide for other definitions; to provide for a public use requirement for exercising the power of eminent domain; to change certain provisions relating to the power of eminent domain and the presumption of a public use; to provide for attorney fees in certain cases challenging the use of eminent domain; to provide certain exemptions to the applicability of the power of eminent domain to public utilities; to provide for certain changes regarding eminent domain to require a public use; to change certain provisions regarding when the use of eminent domain is allowed; to provide guidelines for the use of condemnation; to provide for practice and procedure relative to condemnation; to provide for testimony relative to the value of condemned property; to provide for expedited hearings; to provide that the Department of Community Affairs produce a standard notice of rights form; to repeal provisions relating to certain appeals from assessor's awards; to change compensation for special masters; to change provisions relating to the right of appealing the award of the special master in condemnation proceedings; to change provisions relating to the use of condemnation for waterworks; to grant standing to municipalities, counties, and housing authorities to seek certain equitable remedies and proceedings; to provide for certain notification requirements; to provide for certain restrictions regarding the use of eminent domain under or in connection with a redevelopment plan and urban redevelopment; to change certain provisions regarding who must conduct public hearings relating to redevelopment plans; to provide for reconveyance of condemned property under certain circumstances; to provide for reimbursement of reasonable costs and expenses incurred because of condemnation proceedings; to provide for certain exemptions; to provide for revisions for purposes of conformity; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as "The Landowner's Bill of Rights and Private Property Protection Act." SECTION 2. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by striking Code Section 8-3-10, relating to vesting of fee simple title upon a housing authority's exercise of power of eminent domain, and inserting in its place a new Code section to read as follows: FRIDAY, MARCH 24, 2006 4615 "8-3-10. Whenever a housing authority is or has been created under the terms of this article, and whenever it is determined by the commissioners or other governing body of such authority to be necessary or advisable to exercise the power of eminent domain by condemning property, and whenever the governing authority of the city or county has approved by resolution such exercise of eminent domain authority, and whenever such condemnation proceedings are instituted and carried on under Chapter 2 of Title 22 or through any other method of condemnation provided by law, then upon the payment by such authority seeking condemnation of the amount of the award, or the amount of the final judgment on appeal, such authority shall become vested with a fee simple indefeasible title to the property to which such condemnation proceedings relate. It is declared to be necessary in order to enable such authorities to exercise their franchise that, upon such condemnation proceedings being had, such housing authorities shall become vested with fee simple indefeasible title to the property involved in such proceedings." SECTION 3. Said title is further amended in Code Section 8-3-30, relating to general powers of housing authorities, by striking paragraph (4) of subsection (a) and inserting in its place a new paragraph (4) to read as follows: "(4) To lease or rent any dwellings, houses, accommodations, lands, buildings, structures, or facilities embraced in any housing project and, subject to the limitations contained in this article, to establish and revise the rents or charges therefor; to own, hold, and improve real or personal property; to purchase, lease, obtain options upon, or acquire by gift, grant, bequest, devise, or otherwise any real or personal property or any interest therein; to acquire by the exercise of the power of eminent domain upon approval by resolution of the governing authority of the city or county any real property that is blighted in accordance with Chapter 4 of this title; to sell, lease, exchange, transfer, assign, pledge, or dispose of any real or personal property or any interest therein; to insure or provide for the insurance of any real or personal property or operations of the authority against any risks or hazards; to procure insurance or guarantees from the federal government of the payment of any debts or parts thereof, whether or not incurred by said authority, secured by mortgages on any property included in any of its housing projects;" SECTION 4. Said title is further amended by striking Code Section 8-3-31, relating to the eminent domain power of a housing authority, and inserting in its place a new Code section to read as follows: "8-3-31. An authority shall have the right to acquire by the exercise of the power of eminent domain any real property which is blighted property and is which it may deem necessary for its purposes under this article after the adoption by it of a resolution 4616 JOURNAL OF THE HOUSE declaring that the acquisition of the real property described therein is necessary for such purposes upon approval by resolution of the governing authority of the city or county within which the property is located and in accordance with Chapter 4 of this title. An authority may exercise the power of eminent domain in the manner provided in Title 22; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired, except that no real property belonging to the city, the county, the state, or any political subdivision thereof may be acquired without the consent of such city, county, state, or other political subdivision." SECTION 5. Said title is further amended by striking Code Section 8-4-2, relating to legislative findings regarding blighted areas, and inserting a new Code section to read as follows: "8-4-2. It is found and declared: (1) That there exist in many communities within this state blighted areas properties, as defined in Code Section 8-4-3, or areas properties in the process of becoming blighted; (2) That such areas impair economic values and tax revenues; that such areas properties cause an increase in and spread of disease and or crime and constitute a menace to the health, safety, morals, and welfare of the residents of the state; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities; (3) That the clearance, replanning, and preparation for rebuilding of these areas properties and the prevention of the reduction of blight and its causes are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern; (4) That there are also certain areas where the condition of the title, the diverse ownership of the land to be assembled, the street or lot layouts, or other conditions prevent a proper development of the land which cloud title prevent the free transfer of property; that it is in the public interest that such areas, as well as blighted areas, properties be acquired by eminent domain and made available for sound and wholesome development in accordance with a redevelopment plan; and that the exercise of the power of eminent domain by the governing authorities of cities and counties and the financing of the acquisition and preparation of land by a public agency for such redevelopment is likewise a public use and purpose; (5) That redevelopment activities will stimulate residential construction which is closely correlated with general economic activity; and that such undertakings authorized by this chapter will aid the production of better housing and more desirable neighborhood and community development at lower costs and will make possible a more stable and larger volume of residential construction, which will assist materially in achieving and maintaining full employment; FRIDAY, MARCH 24, 2006 4617 (6) That there exists an emergency housing shortage of decent, safe, and sanitary dwellings for families of low income; and (7) That it is in the public interest that advance preparation for such projects and activities be made now; and that the necessity in the public interest for the provisions enacted by this chapter is declared as a matter of legislative determination." SECTION 6. Said title is further amended by striking Code Section 8-4-3, relating to definitions regarding blighted areas, and inserting in its place a new Code section to read as follows: "8-4-3. As used in this chapter, the term: (1) 'Blighted areas' means: (A) Areas in which there is a predominance of buildings or improvements, or which are predominantly residential in character, and which, by reason of: (i) Dilapidation, deterioration, age, or obsolescence; (ii) Inadequate provision for ventilation, light, air, sanitation, or open spaces; (iii) High density of population and overcrowding; (iv) The existence of conditions which endanger life or property by fire and other causes; or (v) Any combination of such factors, are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime and are detrimental to the public health, safety, morals, or welfare; and (B) Areas which, by reason of: (i) The predominance of defective or inadequate street layout; (ii) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (iii) Insanitary or unsafe conditions; (iv) Deterioration of site improvements; (v) Diversity of ownership; (vi) Tax or special assessment delinquency exceeding the fair value of the land; (vii) Defective or unusual conditions of title; (viii) Improper subdivision or obsolete platting; (ix) The existence of conditions which endanger life or property by fire or other causes; or (x) Any combination of such factors, substantially impair or arrest the sound growth of the community, retard the provision of housing accommodations, or constitute an economic or social liability and are a menace to the public health, safety, morals, or welfare in their the area's present condition and use. (1) 'Blighted property,' 'blighted,' or 'blight' means any urbanized or developed property which: (A) Presents two or more of the following conditions: (i) Uninhabitable, unsafe, or abandoned structures; 4618 JOURNAL OF THE HOUSE (ii) Inadequate provisions for ventilation, light, air, or sanitation; (iii) An imminent harm to life or other property caused by fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe respecting which the Governor has declared a state of emergency under state law or has certified the need for disaster assistance under federal law; provided, however, that no property owner who has taken positive steps within one year of the natural catastrophe to protect his or her property in such circumstances shall be subject to condemnation; (iv) A site identified by the federal Environmental Protection Agency as a Superfund site pursuant to 42 U.S.C. Section 9601, et seq., or environmental contamination to an extent that requires remedial investigation or a feasability study; (v) Repeated illegal use of individual properties; or (vi) The maintenance of the property is below state, county, or municipal codes for at least one year after notice of the code violation; and (B) Is conducive to ill health, transmission of disease, infant mortality, or crime in the immediate proximity of the property. Such conditions shall be shown by studies, including but not limited to, government maintained statistics. Property shall not be deemed blighted solely because of esthetic conditions. (2) 'Redevelopment plan' means a plan, other than a preliminary or tentative plan, for the acquisition, clearance, reconstruction, rehabilitation, or future use of a redevelopment project area. Such plan shall be sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements and to indicate the proposed land uses and building requirements in the redevelopment project area. (3) 'Redevelopment project' means: (A) Any work or undertaking to acquire blighted property areas or portions thereof, including lands, structures, or improvements, the acquisition of which is necessary or incidental to the proper clearance, development, or redevelopment of such blighted areas properties or to the prevention of the spread or recurrence of slum blighted conditions or conditions of blight; (B) Any work or undertaking to clear any such areas blighted properties by demolition or removal of existing buildings, structures, streets, utilities, or other improvements thereon and to install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation of sites for uses in accordance with the redevelopment plan; (C) Any work or undertaking to sell, lease, or otherwise make available land in such areas blighted properties for residential, recreational, commercial, industrial, or other use, or for public use or to retain such land for public use, in accordance with the redevelopment plan; and FRIDAY, MARCH 24, 2006 4619 (D) The preparation of a redevelopment plan; the planning, survey, and other work incident to a redevelopment project; and the preparation of all plans and arrangements for carrying out a redevelopment project." SECTION 7. Said title is further amended by striking Code Section 8-4-4, relating to the powers of housing authorities, and inserting in its place a new Code section to read as follows: "8-4-4. (a) Any housing authority established pursuant to Article 1 of Chapter 3 of this title, the 'Housing Authorities Law,' is authorized to prepare or cause to be prepared redevelopment plans and to undertake redevelopment projects within its area of operation, in accordance with this chapter. In undertaking such redevelopment projects, a housing authority shall have all the rights, powers, privileges, and immunities that such authority has under Article 1 of Chapter 3 of this title, the 'Housing Authorities Law,' and any other provision of law relating to slum blight clearance and housing projects for persons of low income, including, without limiting the generality of the foregoing, the power to make and execute contracts, to issue bonds and other obligations and give security therefor, to acquire real property by purchase or by eminent domain or purchase after the governing authority of the city or county within which the property is located has approved the acquisition by resolution pursuant to subsection (b) and provided notice pursuant to subsection (c) of this Code section, and to do any and all things necessary to carry out projects in the same manner as though all of the provisions of law applicable to slum blight clearance and housing projects were applicable to redevelopment projects undertaken under this chapter, provided that nothing contained in Code Sections 8-3-11 and 8-3-12 shall be construed as limiting the power of an authority, in the event of a default by a purchaser or lessee of land in a redevelopment plan, to acquire property and operate it free from the restrictions contained in said Code sections. (b) For property located within a city, the exercise of eminent domain shall be approved by resolution by the governing authority of the city. For property located in an unincorporated area of a county, the exercise of eminent domain shall be approved by resolution by the governing authority of the county. Any such resolution shall specifically and conspicuously delineate each parcel to be affected. (c) The governing authority of any city or county acting under this Code section shall: (1) Not less than 15 days before any meeting at which a resolution approving the exercise of eminent domain is to be considered, post a sign, if possible, in the right of way adjacent to each property that is subject to the proposed use of the eminent domain power stating the time, date, and place of such meeting; (2) Serve the condemnee personally by a sheriff or deputy with notice of the meeting not less than 15 days before any meeting at which such resolution is to be considered, unless service is acknowledged or waived by the condemnee. If after all efforts made to serve notice to the condemnee under this paragraph are unsuccessful, service of notice may be satisfied by mail or statutory overnight delivery to the property owner 4620 JOURNAL OF THE HOUSE at the address of record and, if different from the property owner, to the parties in possession of the property, return receipt requested; (3) Ensure that any notice that is required by law to be published be placed in a newspaper of general circulation, but such notice shall not be published in the legal notices section of such newspaper; and (4) Ensure that any meeting at which such resolution is to be considered and voted on shall commence after 6:00 P.M. Any such resolution shall specifically and conspicuously delineate each parcel to be affected. (d) Compliance with this Code section shall be in addition to and not in place of the requirements imposed by Title 22; provided, however, that the requirements set forth in this Code section shall satisfy the requirements provided in Code Section 22-1-10." SECTION 8. Said title is further amended by striking Code Section 8-4-8, relating to authorities acquiring and developing lands not within blighted areas for redevelopment projects, and inserting in its place a new Code section to read as follows: "8-4-8. (a) Upon a determination, by resolution, of the governing body of the city in which such land is located that the acquisition by purchase and development of undeveloped vacant land, not within a blighted area, is essential to the proper clearance or redevelopment of blighted areas or a necessary part of the general slum clearance program of the city, the acquisition by purchase, planning, preparation for development, or disposal of such land shall constitute a redevelopment project which may be undertaken by the authority in the manner provided in this chapter. The determination by the governing body shall not be made until such body finds that there is a shortage of decent, safe, and sanitary housing in the city; that such undeveloped vacant land will be developed for predominantly residential uses; and that the provision of decent, safe, and sanitary housing on such undeveloped vacant land is necessary to the relocation of families to be displaced from blighted areas in the city which are under redevelopment. (b) In the undertaking of redevelopment projects on a regional or unified metropolitan basis, which projects involve the acquisition by purchase and development of undeveloped vacant land in one city as an adjunct to the redevelopment of blighted areas in another city, each determination or finding required in this Code section shall be made by the governing body of the city with respect to which the determination or finding relates." SECTION 9. Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, is amended by striking Code Section 22-1-1, relating to eminent domain definitions, and inserting in its place a new Code section to read as follows: "22-1-1. As used in this title, the term: FRIDAY, MARCH 24, 2006 4621 (1) 'Blight' shall have the same meaning as set forth in Code Section 8-4-3. (2) 'Common carrier' means any railroad or carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid. (3) 'Condemnor' or 'condemning authority' means: (A) The State of Georgia or any branch or any department, board, commission, agency, or authority of the executive branch of the government of the State of Georgia; (B) Any county or municipality of the State of Georgia; (C) Any housing authority with approval of the governing authority of the city or county as provided in Code Section 8-4-4; (D) Any other political subdivision of the State of Georgia which possesses the power of eminent domain; and (E) All public utilities that possess the right or power of eminent domain. (4) 'Economic development' means any economic activity to increase tax revenue, tax base, or employment or improve general economic health, when the activity does not result in: (A) Transfer of land to public ownership; (B) Transfer of property to a private entity that is a public utility; (C) Lease of property to private entities that occupy an incidental area within a public project; or (D) The remedy of blight. (5) 'Each person with a legal claim' means the owner of the property or of any remainder, reversion, mortgage, lease, security deed, or other claim in the property. (1)(6) 'Interest' means any title or nontitle interest other than fee simple title. (2)(7) 'Persons' means individuals, partnerships, associations, and corporations, domestic or foreign. (3)(8) 'Property' means fee simple title. (9)(A) 'Public use' means: (i) The possession, occupation, and enjoyment of the land by the general public or by state or local governmental entities; (ii) The use of land for the creation or functioning of public utilities; (iii) The opening of roads, the construction of defenses, or the providing of channels of trade or travel; (iv) The acquisition of property where title is clouded due to the inability to identify or locate all owners of the property or in such situations and where unanimous consent is received from each person with a legal claim that has been identified and found; or (v) The remedy of blight. (B) The public benefit of economic development shall not constitute a public use. (10) 'Public utility' means any publicly, privately, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil products, water, steam, clay, waste, storm water not connected with highway drainage, and other similar services and commodities, 4622 JOURNAL OF THE HOUSE including publicly owned fire and police and traffic signals and street lighting systems, which directly or indirectly serve the public. This term also means a person, municipal corporation, county, state agency, or public authority which owns or manages a utility as defined in this paragraph. This term shall also include common carriers and railroads." SECTION 10. Said title is further amended by striking Code Section 22-1-2, relating to the nature of eminent domain, and inserting in its place a new Code section to read as follows: "22-1-2. (a) The right of eminent domain is the right of the state, through its regular organization, to reassert, either temporarily or permanently, its dominion over any portion of the soil of the state on account of public exigency and for the public good. Thus, in time of war or insurrection the proper authorities may possess and hold any part of the territory of the state for the common safety; and in time of peace the General Assembly may authorize the appropriation of the same to public purposes, such as the opening of roads, construction of defenses, or providing channels for trade or travel. Notwithstanding any other provisions of law, neither this state nor any political subdivision thereof nor any other condemning authority shall use eminent domain unless it is necessary for public use. (b)(1) If property acquired through the power of eminent domain from an owner fails to be put to a stated public use within five years, the former property owner may apply to the condemnor or its successor or assign for reconveyance or quitclaim of the property to the former property owner or for additional compensation for such property. The application shall be in writing, and the condemnor or its successor or assign shall act on the application within 60 days by: (A) Executing a reconveyance or quitclaim of the property upon receipt of compensation not to exceed the amount of the compensation paid by the condemnor at the time of acquisition; or (B) Paying additional compensation to the former owner of the property, such compensation to be calculated by subtracting the price paid by the condemnor for the property at the time of acquisition from the fair market value of the property at the time the application is filed. (2) If the condemnor fails to take either action within 60 days, the former property owner may initiate an action in the superior court in the county in which the property is located to reacquire the property or receive additional compensation. (3) The condemnor shall provide notice to each former owner of the property prior to acquisition if the condemnor fails to put such property to a stated public use within five years. (c) In the case that property is acquired from more than one owner for the same public use and reconveyance or additional compensation to a single owner is impracticable, any party to the original condemnation or each person with a legal claim in such FRIDAY, MARCH 24, 2006 4623 condemnation may file an action in the superior court in the county in which the property is located for an equitable resolution. (d) This Code section shall not apply to condemnations subject to Code Section 22-3162 or to condemnations conducted by the Department of Transportation." SECTION 11. Said title is further amended by inserting new Code sections to read as follows: "22-1-9. In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for property owners, and to promote public confidence in land acquisition practices, all condemnations and potential condemnations shall, to the greatest extent and practicable, be guided by the following policies and practices: (1) The condemning authority shall make every reasonable effort to acquire expeditiously real property by negotiation; (2) Where the condemning authority seeks to obtain a fee simple interest in real property, real property shall be appraised before the initiation of negotiations, and the owner or his or her designated representatives shall be given an opportunity to accompany the appraiser during his or her inspection of the property, except that the condemning authority may, by law, rule, regulation, or ordinance, prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value; (3) Before the initiation of negotiations for fee simple interest for real property the condemning authority shall establish an amount which it believes to be just compensation and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the condemning authority's independent appraisal of the fair market value of such property. The condemning authority shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount he or she established as just compensation. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated. The condemning authority shall consider alternative sites suggested by the owner of the property as of the compensation offered; (4) No owner shall be required to surrender possession of real property before the condemning authority pays the agreed purchase price or deposits with the court in accordance with this title, for the benefit of the owner, an amount not less than the condemning authority's appraisal of the fair market value of such property or the amount of the award of compensation in the condemnation proceeding for such property; (5) The construction or development of a project for public use shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling or to move his or her business or farm 4624 JOURNAL OF THE HOUSE operation without at least 90 days written notice from the condemning authority of the date by which such move is required; (6) If the condemning authority permits an owner or tenant to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the condemning authority on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier; (7) In no event shall the condemning authority either advance the time of condemnation or defer negotiations or condemnation and the deposit of funds in court for the use of the owner or take any other bad faith action in order to compel an agreement on the price to be paid for the property; (8) If any legal interest in real property is to be acquired by exercise of the power of eminent domain, the condemning authority shall institute formal condemnation proceedings. No condemnor shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his or her real property; and (9) A person whose real property is being acquired in accordance with this title may, after the person has been fully informed of his or her right to receive just compensation for such property, donate such property, any part thereof, any legal interest therein, or any compensation paid to a condemning authority, as such person shall determine. 22-1-10. Prior to exercising the power of eminent domain, a condemning authority shall: (1) Not less than 15 days before any meeting at which a resolution approving the exercise of eminent domain is to be considered, post a sign, if possible, in the right of way adjacent to each property that is subject to the proposed use of the eminent domain power stating the time, date, and place of such meeting; (2) Serve the condemnee personally by a sheriff or deputy with notice of the meeting not less than 15 days before any meeting at which such resolution is to be considered, unless service is acknowledged or waived by the condemnee. If after all efforts made to serve notice to the condemnee under this paragraph are unsuccessful, service of notice may be satisfied by mail or statutory overnight delivery to the property owner at the address of record and, if different from the property owner, to the parties in possession of the property, return receipt requested; (3) Ensure that any notice that is required by law to be published be placed in a newspaper of general circulation, but such notice shall not be published in the legal notices section of such newspaper; and (4) Ensure that any meeting at which such resolution is to be considered and voted on shall commence after 6:00 P.M. Any such resolution shall specifically and conspicuously delineate each parcel to be affected. FRIDAY, MARCH 24, 2006 4625 22-1-11. In any condemnation, the condemnee may object at any time to the condemnation by filing a petition for injunctive relief in the superior court in the county in which the property is located. The court presiding over the petition shall determine whether the exercise of the power of eminent domain is for a public use and whether the condemning authority has the legal authority to exercise the power of eminent domain. The condemning authority shall bear the burden of proof by the evidence presented that the condemnation is for a public use as defined in Code Section 22-1-1. In its discretion, the court may award reasonable attorney fees to a condemnee whose petition for injunctive relief pursuant to this Code section is granted. 22-1-12. In all actions where a condemning authority exercises the power of eminent domain, the court having jurisdiction of a proceeding instituted by a condemnor to acquire real property by condemnation shall award the owner of any right or title to or interest in such real property such sum as will in the opinion of the court reimburse such owner for his or her reasonable costs and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings, if: (1) The final judgment is that the condemning authority cannot acquire the real property by condemnation; or (2) The proceeding is abandoned by the condemning authority. 22-1-13. In addition to the types of relocation damages permissible under law, any condemnee that is displaced as a result of the condemnation shall be entitled to: (1) Actual reasonable expenses in moving himself or herself, his or her family, business, farm operation, or other personal property; (2) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation; (3) Compensation for actual direct pecuniary loss of goodwill as a result of relocating a business or farm operation; and (4) Such other relocation expenses as authorized by law. (5) With the consent of the landowner, the condemnor may provide alternative site property as full or partial compensation. 22-1-14. (a) When property is condemned under this title or any other title of this Code, the value of the condemned property may be determined through lay or expert testimony and its admissibility shall be addressed to the sound discretion of the court. (b) If any party to a condemnation proceeding seeks to introduce expert testimony as to the issue of just and adequate compensation, Code Section 24-9-67.1 shall not apply. 4626 JOURNAL OF THE HOUSE 22-1-15. (a) When an entity authorized to use the power of eminent domain determines that it intends to exercise such power to take private property, prior to taking any action regarding the property it shall provide the owner of the property with a written copy of the rights that the condemnee possesses including but not limited to the right to notice, damages, hearing, and appeal of any award entered by the special master as described in this title. Such notice shall be provided in person; by mailing such notice by certified mail, return receipt requested; or by statutory overnight delivery. (b) The Department of Community Affairs shall promulgate written notice of rights forms that shall be used by all entities having the power of eminent domain in this state to advise the owner of property sought to be condemned of the entire eminent domain process and the rights of the property owner with regard to such process. The Department of Community Affairs shall promulgate different notice forms for each of the types of condemnation proceedings authorized by law." SECTION 12. Said title is further amended by repealing Code Section 22-2-84.1, relating to appeals to superior court from assessor's award, reasonable expenses, and liability of cost relating to issues of law. SECTION 13. Said title is further amended by striking Code Section 22-2-100, relating to the definition of "condemning body" and "condemnor," and inserting in its place a new Code section to read as follows: "22-2-100. As used in this article, 'condemning body' or 'condemnor' means: (1) The State of Georgia or any branch or any department, board, commission, agency, or authority of the executive branch of the government of the State of Georgia; (2) Any county or municipality of the State of Georgia; (3) Any housing authority with approval of the governing authority of the city or county as provided in Code Section 8-4-4; (4) Any other political subdivision of the State of Georgia which is vested with possesses the power of eminent domain; and (5) All public utilities that possess the right or power of eminent domain. All other persons possessing the right or power of eminent domain." SECTION 14. Said title is further amended by striking Code Section 22-2-102, relating to filing a petition of condemnation and certain requirements and rights attached to said petition, and inserting in its place a new Code section to read as follows: FRIDAY, MARCH 24, 2006 4627 "22-2-102. (a) In addition to the requirements set forth in Chapter 1 of this title, whenever Whenever it is desirable, for any reason, to arrive at a quick and certain determination of the compensation to be paid first to the condemnee for the taking or damaging of private property, the condemnor shall: (1) File file a petition in a superior court having jurisdiction for a judgment in rem against the property or interest therein, as provided in Code Section 22-2-130.; and (2) At or before the filing of the petition, the condemnor shall present a copy of the petition to a judge of the superior court of the county wherein the property or interest sought to be condemned is located. Thereupon, the judge shall have a hearing in court, in chambers, or by telephone with the parties not less than ten days nor more than 30 days from the filing of the petition to appoint a special master. After such hearing, the judge shall make an order requiring the condemnor, the person in possession of the property or interest, and any other person known to have any rights in the property each person with a legal claim or interest to appear at a hearing before a special master at a time and place specified in the order and to make known their rights, if any, in and to the property or interest sought to be condemned, their claims as to the value of the property or interest, and any other matters material to their respective rights. Except in condemnations for purposes of constructing or expanding one or more electric transmission lines, the In the event the property to be condemned lies in multiple jurisdictions, the condemnee shall have the option pursuant to Code Section 9-10-31.1 to transfer the action to any other venue with in rem jurisdiction. (b) The hearing before the special master shall take place not less than ten 30 days nor more than 15 60 days after the date of service the entry of the order appointing the special master. In condemnations for purposes of constructing or expanding one or more electric transmission lines, the hearing before the special master shall take place not less than 30 days and not more than 40 days after the date of service of the order. (c) The order shall give such directions for notice and the service thereof as are appropriate and as are consistent with this article, in such manner as to provide most effectively an opportunity to all parties at interest to be heard. In condemnations for purposes of constructing or expanding one or more electric transmission lines, in addition to service of the order, a copy of the order shall be mailed by certified mail or sent by statutory overnight delivery to any person shown by the public ad valorem tax records of the county in which the property is located to have an interest in the property and to any other person having open and obvious possession of the property. It shall not be necessary to attach any other process to the petition except the order so made, and the cause shall proceed as in rem." SECTION 15. Said title is further amended by striking Code Section 22-2-102.1, relating to petitioning superior court for judgment in rem in cases of eminent domain, and inserting in its place a new Code section to read as follows: 4628 JOURNAL OF THE HOUSE "22-2-102.1. In addition to the requirements set forth in Chapter 1 of this title, whenever Whenever it shall be necessary for such condemning body to take or damage private property, or any interest or easement therein, in pursuance of any law so authorizing, for any public purpose use, and where, by reason of the necessities of the public needs, of which the condemning body shall be the exclusive judge, and it shall be desirable for these reasons to have a quick and effective adjudication of the just and adequate compensation to be paid the owner or owners of such property before taking the same, and it shall be desirable to have a judicial ascertainment and judicial supervision of all questions and proceedings connected with the matter, such condemning body may, through any authorized representative, petition the superior court of the county having jurisdiction, for a judgment in rem against said property, or any easement or other interest in said property, condemning the same in fee simple to the use of the petitioner upon payment of just and adequate compensation therefor." SECTION 16. Said title is further amended by striking Code Section 22-2-102.2, relating to contents of petition to superior court for judgment in rem in cases of eminent domain, and inserting in its place a new Code section to read as follows: "22-2-102.2. The petition referred to in Code Section 22-2-102.1 shall set forth: (1) The facts showing the right to condemn; (2) The property or interest to be taken or damaged; (3) The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known; (4) A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected; and (5) A statement setting forth the necessity to condemn the private property and describing the public use for which the condemnor seeks the property; and (5)(6) Such other facts as are necessary for a full understanding of the cause." SECTION 17. Said title is further amended by striking Code Section 22-2-106, relating to compensation for special masters, and inserting in its place a new Code section to read as follows: "22-2-106. (a) The compensation of the special master shall be provided for by a proper order of the judge of the superior court; shall be included in and made a part of the judgment of the court condemning the property or any interest therein sought to be taken, such judgment to be based on the award of the special master; and shall be paid by the condemning body; and shall not be less than 50.00 per day nor more than $250.00 per day for the time actually devoted to the hearing and consideration of the matter by the special master. Such compensation shall be left to the discretion of the court and shall not exceed a reasonable hourly rate consistent with local standards unless otherwise FRIDAY, MARCH 24, 2006 4629 agreed upon by the parties with consent of the court. The compensation of the special master shall be assessed as court costs and shall be paid prior to the filing of any appeal from the judgment of the court; provided, however, that if such compensation has not been determined and assessed at the time of filing any such appeal, the same shall be paid within 30 days from the date of assessment. (b) The judge may allow the special master a reasonable period of time for personal inspection of the premises and may compensate the special master for his or her time spent inspecting the premises and for any actual expenses incurred by him the special master in connection with the inspection, provided that the special master shall file an affidavit with the court showing his or her time spent in inspection and itemizing his or her expenses." SECTION 18. Said title is further amended by striking Code Section 22-2-110, relating to the award of the special master in a condemnation hearing and the form used therein, and inserting in its place a new Code section to read as follows: "22-2-110. (a) The award of the special master or the special master panel, in the event such a panel exists, shall be served upon all the parties and filed with the clerk of the superior court of the county where the property or interest is situated within three days after the date on which such hearing is completed. (b) The award shall become a part of the record of the proceedings in said matter and shall condemn and vest title to the property or other interest in the condemning body upon the deposit by that body of the amount of the award into the registry of the court, subject to the demand of such condemnee or condemnees, according to their respective interests. (c) The award shall be in the following form: AWARD The special master appointed and chosen by the court to hear evidence and give full consideration to all matters touching upon the value of the property or interest sought to be condemned, as shown by the description of the property or interest in the case of ________________________ (condemning body) versus ________________________ (acres of land or other described interest in said land) and ________________________ (condemnee), Civil action file no._____ in superior court, having first taken the oath as required by law of the special master, the same having been filed with the clerk of the Superior Court of __________ County, and the special master panel, in the event such a panel exists, having heard evidence under oath and given consideration to the value of such property or interest on the ______ day of ______________, at ___:___ _.M., as provided for in the order of the court, do decide and recommend to the court as follows: 4630 JOURNAL OF THE HOUSE (1) I/We find and award to ______________, condemnee, the sum of $________, as the actual market value of the property or interest sought to be condemned; (2) I/We find consequential damages to the remaining property or interest in the amount of $________; (3) I/We find consequential benefits to the remaining property or interest in the amount of $________ (never to exceed the amount of the consequential damages); (4) I/We find and award to ____________, condemnee, the sum of $ __________, as the value of any associated moving costs; (4)(5) Balancing the consequential benefits against the consequential damages, I/we find and award to the condemnee in this case in the total sum of $________, and I/we respectfully recommend to the court that the said property or interest be condemned by a judgment in rem to the use of the condemnor upon the payment of the last stated sum into the registry of the court, subject to the demands of the condemnee. This ______ day of ______________, ____. ______________ Special Master ______________ Assessor ______________ Assessor (d) In any case where there is an appeal from the award of the special master or the special master panel, in the event such a panel exists, to a jury in the superior court, such award shall not be competent evidence. Any such appeal shall be a de novo investigation, and such award shall be detached from the papers in the case before the same are delivered to the jury." SECTION 19. Said title is further amended by striking Code Section 22-2-112, relating to the right of appealing the award of the special master in condemnation proceedings, and inserting in its place a new Code section to read as follows: "22-2-112. (a) If the condemnor or any condemnee is dissatisfied with the amount of the award, an appeal shall be filed in the superior court and such appeal shall be filed within ten days from the service of the award. In case any party is dissatisfied with the amount of the award, he or she may, within ten days after the award is filed, enter in writing an appeal from the award to the superior court of the county where the award is filed. The provisions of Code Section 22-2-84.1, relating to reasonable expenses incurred on appeal, shall apply to any appeal under this Code section. At the term succeeding the filing of the appeal, it shall be the duty of the judge to cause an issue to be made and tried by a jury as to the value of the property or interest taken or the amount of damage done, with the same right to move for a new trial and file an appeal as in other cases at FRIDAY, MARCH 24, 2006 4631 law. The entering of an appeal and the proceedings thereon shall not hinder or delay in any way the condemnor's work or the progress thereof. (b) The condemnee shall have the right to a jury trial on the issue of just and adequate compensation before the superior court having jurisdiction over the property sought to be condemned during the next term of court following the vesting of title in the condemnor. This right may be waived by the condemnee." SECTION 20. Said title is further amended by striking Code Section 22-2-131, relating to contents in a petition to the superior court for a judgment in rem, and inserting in its place a new Code section to read as follows: "22-2-131. (a) The petition referred to in Code Section 22-2-130 shall set forth: (1) The facts showing the right to condemn; (2) The property or interest to be taken or damaged; (3) The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known; (4) A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected; (5) Such other facts as are necessary for a full understanding of the cause; and (6) A statement setting forth the necessity to condemn the private property and describing the public use for which the condemnor seeks the property; and (6)(7) A prayer for such judgment of condemnation as may be proper and desired. (b) If any of the persons referred to in this Code section are minors or under disability, the fact shall be stated." SECTION 21. Said title is further amended by striking Code Section 22-2-132, relating to requirements of notice and service upon presenting a petition for a judgment in rem, and inserting in its place a new Code section to read as follows: "22-2-132. (a) Upon presentation of the petition, the presiding judge may shall issue an order requiring the condemnor, the owner of the property or of any interest therein, and the representative of any owner to appear at a time and place named in the order and make known their objections if any, rights, or claims as to the value of the property or of their interest therein, and any other matters material to their respective rights; provided, however, that if the petition includes affidavits from known and located persons with a legal claim, stating that such condemnees do not oppose the condemnation, no hearing pursuant to this Code section shall be required. (b) The day named in the order shall be as early as may be convenient but shall be no less than 20 days from the date of the petition, due regard being given to the necessities of notice. (c) The order shall give appropriate directions for notice and the service thereof. 4632 JOURNAL OF THE HOUSE (d) It shall not be necessary to attach any other process to the petition except the order referred to in subsection (a) of this Code section, and the cause shall proceed as in rem." SECTION 22. Said title is further amended by striking Code Section 22-3-60, relating to persons constructing and operating waterworks authorized to lease, purchase, or condemn property or interests, and inserting in its place a new Code section to read as follows: "22-3-60. Any nongovernmental entity constructing, owning, or operating any waterworks or sanitary sewerage system, or both, in this state shall have the right, power, privilege, and authority to lease, purchase, or condemn property or any interest therein, including easements, or to receive donations or grants of property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and disposal system, or any combination of such systems or facilities; provided, however, that prior to condemning property in any political subdivision, any such entity shall first obtain the consent of the governing authority of such political subdivision, which consent may after the requirements of Chapter 1 of this title have been satisfied. Consent shall be granted by resolution or ordinance." SECTION 23. Said title is further amended by striking Code Section 22-4-3, relating to the applicability of Code Section 22-1-1, and inserting in its place a new Code section to read as follows: "22-4-3. The definitions contained in paragraphs (1) and (3) (6) and (8) of Code Section 22-1-1 shall not apply to this chapter." SECTION 24. Title 23 of the Official Code of Georgia Annotated, relating to equity, is amended by adding a new Code section to read as follows: "23-3-73. All municipalities, counties, and housing authorities shall have standing pursuant to this article." SECTION 25. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking subsection (b) of Code Section 36-42-8, relating to the powers of downtown development authorities generally, and inserting a new subsection (b) to read as follows: "(b) The powers enumerated in each paragraph of subsection (a) of this Code section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this Code section and elsewhere in this chapter; and no such power FRIDAY, MARCH 24, 2006 4633 limits or restricts any other power of the authority except that, notwithstanding any other provision of this chapter, no authority described in this chapter shall be granted the power of eminent domain." SECTION 26. Said title is further amended by repealing Code Section 36-42-8.1, relating to the use of the power of eminent domain by a municipality or downtown development authority. SECTION 27. Said title is further amended by repealing subsection (c) of Code Section 36-44-6, relating to a redevelopment agency's ability to delegate the power of eminent domain, which reads as follows: "(c) A downtown development authority which has been designated as a redevelopment agency pursuant to this chapter may exercise the powers of eminent domain subject to the procedures established in Chapter 42 of this title." SECTION 28. Said title is further amended by adding a new subsection to the end of Code Section 3644-7, relating to redevelopment plan proposals by a redevelopment agency, to read as follows: "(e) If any subsection of this Code section is in conflict with Title 22, the provisions of Title 22 shall control." SECTION 29. Said title is further amended by adding a new paragraph (2.1) and by striking paragraph (19) of Code Section 36-61-2, relating to definitions regarding urban development, and inserting in its place a new paragraph to read as follows: "(2.1) 'Blighted property,' 'blighted,' or 'blight' means any urbanized or developed property which: (A) Presents two or more of the following conditions: (i) Uninhabitable, unsafe, or abandoned structures; (ii) Inadequate provisions for ventilation, light, air, or sanitation; (iii) An imminent harm to life or other property caused by fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe respecting which the Governor has declared a state of emergency under state law or has certified the need for disaster assistance under federal law; provided, however, that no property owner who has taken positive steps within one year of the natural catastrophe to protect his or her property in such circumstances shall be subject to condemnation; (iv) A site identified by the federal Environmental Protection Agency as a Superfund site pursuant to 42 U.S.C. Section 9601, et seq., or environmental contamination to an extent that requires remedial investigation or a feasability study; (v) Repeated illegal use of individual properties; or 4634 JOURNAL OF THE HOUSE (vi) The maintenance of the property is below state, county, or municipal codes for at least one year after notice of the code violation; and (B) Is conducive to ill health, transmission of disease, infant mortality, or crime in the immediate proximity of the property. Such conditions shall be shown by studies, including but not limited to, government maintained statistics. Property shall not be deemed blighted solely because of esthetic conditions." "(19) 'Slum clearance and redevelopment' may include: (A) Acquisition by purchase or gift of a slum area or portion thereof; (B) Rehabilitation or demolition and removal of buildings and improvements; (C) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the urban redevelopment provisions of this chapter in accordance with the urban redevelopment plan; and (D) Making the land available for development or redevelopment by private enterprise or public agencies (including sale, initial leasing, or retention by the municipality or county itself) at its fair value for uses in accordance with the urban redevelopment plan." SECTION 30. Said title is further amended by striking subsection (c) of Code Section 36-61-7, relating to the preparation of a redevelopment plan, and inserting new subsection (c) to read as follows: "(c) The local governing body of the municipality or county shall hold or shall cause some agency of the municipality or county to hold a public hearing on an urban redevelopment plan or a substantial modification of an approved urban redevelopment plan, after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the municipality or county. The notice shall describe the time, date, place, and purpose of the hearing, shall generally identify the urban redevelopment area covered by the plan, and shall outline the general scope of the urban redevelopment project under consideration." SECTION 31. Said title is further amended by striking Code Section 36-61-9, relating to the use of the power of eminent domain in urban redevelopment, and inserting in its place a new Code section to read as follows: "36-61-9. (a) Except as otherwise provided in subsection (c) of this Code section, a municipality or county shall have the right to acquire, by exercise of the power of eminent domain, any real property which it the governing authority may deem necessary for its purposes under this chapter the remedy of blight, after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. A municipality or county may exercise the power of eminent domain in the manner FRIDAY, MARCH 24, 2006 4635 provided in Title 22; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain and in the manner set forth in this chapter. Property already devoted to a public use may be acquired, provided that no real property belonging to the municipality, the county, the state, or any political subdivision thereof may be acquired without its consent. (b) Whenever condemnation proceedings are instituted and carried on by a municipality or county in accordance with subsection (a) of this Code section or through any other method of condemnation provided by law, upon the payment by the municipality or county seeking condemnation of the amount of the award and final judgment on appeal the municipality or county shall become vested with a fee simple indefeasible title to the property to which the condemnation proceedings relate. Such payment may be offset in whole or in part by the amount of any municipal or county tax liens on the condemned property and by any existing special assessments tax liens on the condemned property, including without limitation education or special district taxes collected by the municipality or county; provided, however, that any such setoff shall be subject to any existing tax liens having higher priority pursuant to Code Section 48-2-56 and to the interest in the condemned property of any known beneficiary of a year's support pursuant to Code Section 53-5-2 of the 'Pre-1998 Probate Code,' if applicable, or Code Sections 53-3-1, 53-3-2, 53-3-4, 53-3-5, and 53-3-7 of the 'Revised Probate Code of 1998'; provided, further, that where the condemned property is subject to a valid deed to secure debt, such setoff shall only be allowed for tax liens which arose as a result of an assessment against such property. It is declared to be necessary, to enable such municipalities and counties to exercise their powers under this Code section, that upon the condemnation proceedings being had, the municipalities and counties shall become vested with fee simple indefeasible title to the property involved in the proceedings. (c) Unless the property is to be acquired for the purpose of devoting it to a public use, a A municipality or county may not acquire real property through the exercise of the power of eminent domain pursuant to subsection (a) of this Code section until the following conditions and requirements have been met: (1) The municipality or county which adopted the urban redevelopment plan has approved a resolution authorizing the exercise of the power of eminent domain by the agency to acquire the property. Prior to approving such a resolution, the governing body of the municipality or county shall: (A) Not less than 15 days before any meeting at which such resolution is to be considered post a sign, if possible, in the right of way adjacent to each property that is subject to the proposed use of the eminent domain power stating the time, date, and place of such meeting; (B) Serve the condemnee personally by a sheriff or deputy with notice of the meeting not less than 15 days before any meeting at which such resolution is to be considered, unless service is acknowledged or waived by the condemnee. If after all efforts made to serve notice to the condemnee under this subparagraph are 4636 JOURNAL OF THE HOUSE unsuccessful, service of notice may be satisfied by mail or statutory overnight delivery to the property owner at the address of record and, if different from the property owner, to the parties in possession of the property, return receipt requested; (C) Ensure that any notice that is required by law to be published be placed in a newspaper of general circulation, but such notice shall not be published in the legal notices section of such newspaper; and (D) Ensure that any meeting at which such resolution is to be considered and voted on shall commence after 6:00 P.M. Any such resolution shall specifically and conspicuously delineate each parcel to be affected; (2) The municipality or county shall, in writing, notify the owner of the real property proposed to be acquired of the planned rehabilitation of the property as set forth in the urban redevelopment plan for the urban redevelopment area wherein the property is located; (3) Within 30 60 days after being so notified, the owner of the property shall have the option of notifying the municipality or county, in writing, of his or her willingness and intention to rehabilitate and maintain the property in accordance with the urban redevelopment plan. In the event of multiple ownership of the property, unanimous agreement by the owners shall be required; and the failure of any one owner to notify the municipality or county, within the time limitation specified in this paragraph, of his or her willingness and intention to rehabilitate and maintain the property in accordance with the urban redevelopment plan shall be deemed to be a failure to exercise the option provided in this paragraph; and (4) The owner of the property may execute an agreement with the municipality or county to rehabilitate the property in accordance with the urban redevelopment plan. Any such agreement shall be as the municipality or county deems necessary and appropriate as to form and content; in connection therewith, the municipality or county shall have the right to require sufficient performance, payment, and completion bonds. In the event that any such owner, at any time, fails to comply with or defaults in the performance of the provisions of the agreement, such property shall no longer be subject to the agreement, the option provided by paragraph (3) of this subsection shall no longer apply, and the property may be acquired by the municipality or county by purchase or through the exercise of the power of eminent domain. In the alternative, the municipality or county may either specifically enforce the agreement, exercise any rights under any bonds which may have been required, and obtain any other legal or equitable relief as may be available to the municipality or county or, if the owner fails to exercise the option to rehabilitate the property or defaults on the agreement to rehabilitate the property, the municipality or county may implement those portions of the urban development plan with respect to such property to the extent the municipality or county deems necessary and the costs of implementing such plan shall be a lien against the property enforceable in the same manner as tax liens. FRIDAY, MARCH 24, 2006 4637 (d) Compliance with this Code section shall be in addition to and not in place of the requirements imposed by Title 22; provided, however, the requirements set forth in this Code section shall satisfy the requirements provided in Code Section 22-1-10." SECTION 32. Said title is further amended by designating the existing text of Code Section 36-62-6, relating to the general powers of a development authority, as subsection (a) and by adding a new subsection, to be designated subsection (b), to read as follows: "(b) This Code section shall not be construed as authorizing an authority as defined in this chapter to exercise the power of eminent domain." SECTION 33. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 36-82-62, relating to power as to undertakings and issuance of revenue bonds by government bodies, and inserting in its place a new paragraph (1) to read as follows: "(1) To acquire, by gift, purchase, or the exercise of the right of eminent domain, and to construct, to reconstruct, to improve, to better, and to extend any undertaking wholly within or wholly outside the governmental body or partially within and partially outside the governmental body; and to acquire, by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands, and water rights in connection therewith. For property located within a city, the exercise of eminent domain shall be approved by resolution by the governing authority of the city. For property located in an unincorporated area of a county, the exercise of eminent domain shall be approved by resolution by the governing authority of the county. Any such resolution shall specifically and conspicuously delineate each parcel to be affected. A government authority acting under this Code section shall notify the property owner pursuant to Code Section 36-82-86 and comply with such other requirements of that Code section;". SECTION 34. Said title is further amended by inserting a new Code section to read as follows: "36-82-86. Any governing authority acting under Code Section 36-82-62 shall, prior to approving a resolution for the exercise of eminent domain: (1) Not less than 15 days before any meeting at which a resolution approving the exercise of eminent domain is to be considered, post a sign, if possible, in the right of way adjacent to each property that is subject to the proposed use of the eminent domain power stating the time, date, and place of such meeting; (2) Shall serve the condemnee personally by a sheriff or deputy with notice of the meeting not less than 15 days before any meeting at which such resolution is to be considered, unless service is acknowledged or waived by the condemnee. If after all efforts made to serve notice to the condemnee under this paragraph are unsuccessful, service of notice may be satisfied by mail or statutory overnight delivery to the 4638 JOURNAL OF THE HOUSE property owner at the address of record and, if different from the property owner, to the parties in possession of the property, return receipt requested; (3) Ensure that any notice that is required by law to be published be placed in a newspaper of general circulation, but such notice shall not be published in the legal notices section of such newspaper; and (4) Ensure that any meeting at which such resolution is to be considered and voted on shall commence after 6:00 P.M. Any such resolution shall specifically and conspicuously delineate each parcel to be affected." SECTION 35. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 6, 9, 12, 18, 19, and 29 and Code Sections 22-1-11, 22-1-12, 22-1-13, and 22-1-14 as enacted by Section 11 of this Act shall apply to causes of action pending on the effective date of this Act. SECTION 36. All laws and parts of laws in conflict with this Act are repealed. Representative Golick of the 34th moved that the House disagree to the Senate substitute to HB 1313. The motion prevailed. HB 692. By Representatives Black of the 174th, Hatfield of the 177th, Greene of the 149th, Sims of the 169th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to change certain provisions relating to terms and conditions of probation; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 692 by striking all matter on line 3 on page 1 and inserting in place thereof the following: terms and conditions of probation; to change the repeal date of the "Probation Management Act of 2004"; to provide an effective date; to provide for applicability; By adding a new section between lines 17 and 18 on page 2 to read as follows: FRIDAY, MARCH 24, 2006 4639 SECTION 2. Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, is amended by striking Code Section 42-8-160, relating to the repealer, and inserting in lieu thereof the following: "42-8-160. This article shall be repealed in its entirety on July 1, 2006 June 30, 2008." By striking all matter on lines 18 through 21 on page 2 and inserting in place thereof the following: SECTION 3. (a) Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to terms and conditions of probation imposed on or after such date. (b) Section 2 of this Act shall become effective on June 15, 2006. By striking "3" on line 22 on page 2 and inserting "4" in place thereof. Representative Black of the 174th moved that the House agree to the Senate amendment to HB 692. 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 E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs James 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 Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar Y Mills Mitchell Morgan Y Morris Y Mosby E 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 Setzler Shaw Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M 4640 JOURNAL OF THE HOUSE Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Golick Y Graves, D Y Graves, T E Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y 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 Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Richardson, Speaker On the motion, the ayes were 145, nays 0. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1257. By Representatives Knox of the 24th, Maxwell of the 17th, Meadows of the 5th and Watson of the 91st: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselor's license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; 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 1257 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, Golick of the 34th, and Watson of the 91st. FRIDAY, MARCH 24, 2006 4641 The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate insists on its substitute to the following bill of the House: HB 1059. By Representatives Keen of the 179th, Ralston of the 7th, Burkhalter of the 50th, Freeman of the 140th, Thomas of the 55th and others: A BILL to be entitled an Act to amend Titles 16, 17, 35, and 42 of the O.C.G.A., relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and areas where certain offenders can reside as it affects sexual offenders; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to reorganize and change provisions related to the State Sexual Offender Registry; to provide for other 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 1257. By Representatives Knox of the 24th, Maxwell of the 17th, Meadows of the 5th and Watson of the 91st: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselor's license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; 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: Shafer of the 48th, Hudgens of the 47th, and Cagle of the 49th. 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: 4642 JOURNAL OF THE HOUSE HB 1059. By Representatives Keen of the 179th, Ralston of the 7th, Burkhalter of the 50th, Freeman of the 140th, Thomas of the 55th and others: A BILL to be entitled an Act to amend Titles 16, 17, 35, and 42 of the O.C.G.A., relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and areas where certain offenders can reside as it affects sexual offenders; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to reorganize and change provisions related to the State Sexual Offender Registry; to provide for other related matters; to repeal conflicting laws; and for other purposes. Representative Keen of the 179th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1059 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Keen of the 179th, Ralston of the 7th, and Bearden of the 68th. The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SB 529. By Senators Rogers of the 21st, Hamrick of the 30th, Douglas of the 17th, Schaefer of the 50th, Seabaugh of the 28th and others: A BILL to be entitled an Act to amend Title 13 of the O.C.G.A., relating to contracts, Title 16 of the O.C.G.A., relating to crimes and offenses, Title 34 of the O.C.G.A., relating to labor, Title 35 of the O.C.G.A., relating to law enforcement, and Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for procedures and requirements applicable to certain contracts or subcontracts; to prohibit certain retaliation; to provide for enforcement, penalties, and exceptions; to FRIDAY, MARCH 24, 2006 4643 provide for offenses regarding involuntary servitude, trafficking of persons for forced labor or services, and sexual servitude of a minor; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. Representative Lunsford of the 110th moved that the House insist on its position in substituting SB 529. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 194. By Representatives Martin of the 47th, Burkhalter of the 50th, Amerson of the 9th, Royal of the 171st, Ashe of the 56th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code 4644 JOURNAL OF THE HOUSE section immediately following Code Section 48-7-29.9, to be designated Code Section 48-7-29.10, to read as follows: "48-7-29.10. (a) As used in this Code section, the term: (1) 'Eligible telework expenses' means expenses incurred during the taxable year pursuant to a telework agreement, up to a limit of $1,200.00 for each participating employee, to enable a participating employee to begin to telework, which expenses are not otherwise the subject of an exclusion from income claimed by the taxpayer. Such expenses shall include, but not be limited to, expenses paid or incurred to purchase computers, computer related hardware and software, modems, data processing equipment, telecommunications equipment, high-speed Internet connectivity equipment, computer security software and devices, and all related delivery, installation, and maintenance fees. Such expenses shall not include replacement costs for computers, computer related hardware and software, modems, data processing equipment, telecommunications equipment, or computer security software and devices at the principal place of business when that equipment is relocated to the telework site. Such expenses may be incurred only once per employee. Such expenses may be incurred directly by the employer on behalf of the participating employee or directly by the participating employee. (2) 'Employer' means any employer upon whom an income tax is imposed by this article. (3) 'Participating employee' means an employee who has entered into a telework agreement with his or her employer. This term shall not include an individual who is self-employed or an individual who ordinarily spends a majority of his or her workday at a location other than the employer's principal place of business. (4) 'Telework' means to perform normal and regular work functions on a workday that ordinarily would be performed at the employer's principal place of business at a different location, thereby eliminating or substantially reducing the physical commute to and from that employer's principal place of business. This term shall not include home based businesses, extensions of the workday, or work performed on a weekend or holiday. (5) 'Telework agreement' means an agreement signed by the employer and the participating employee that defines the terms of a telework arrangement, including the number of days per year the participating employee will telework and any restrictions on the place from which the participating employee will telework. (6) 'Telework assessment' means an optional assessment leading to the development of policies and procedures necessary to implement a formal telework program, including but not limited to a workforce profile, a telework program business case and plan, a detailed accounting of the purpose, goals, and operating procedures of the telework program, methodologies for measuring telework program activities and success, and a deployment schedule for increasing telework activity. (b) For taxable years beginning on or after January 1, 2007, and ending for taxable years beginning prior to January 1, 2009, an employer shall be allowed a state income FRIDAY, MARCH 24, 2006 4645 tax credit against the tax imposed by this chapter for a percentage of eligible telework expenses incurred in the tax year. The amount of such credit shall be calculated as follows: (1) The credit shall be equal to 100 percent of the eligible telework expenses incurred pursuant to a telework agreement requiring the participating employee to telework at least 12 days per month if the employer's principal place of business is located in an area designated by the United States Environmental Protection Agency as a nonattainment area under the federal Clear Air Act, 42 U.S.C. Section 7401 et seq.; (2) The credit shall be equal to 75 percent of the eligible telework expenses incurred pursuant to a telework agreement requiring the participating employee to telework at least 12 days per month; or (3) The credit shall be equal to 25 percent of the eligible telework expenses incurred pursuant to a telework agreement requiring the participating employee to telework at least five days per month. (c)(1) In addition to the credit provided by subsection (b) of this Code section, an employer conducting a telework assessment shall be allowed a credit in the year of implementation of the employer's formal telework program against the tax imposed by this article for 100 percent of the cost, up to a maximum credit of $20,000.00 per employer, of preparing the assessment. The credit provided by this subsection is intended to include program planning expenses, including direct program development and training costs, raw labor costs, and professional consulting fees; the credit shall not include expenses for which a credit is claimed under any other provision of this article. This credit shall be allowed only once per employer. (2) All telework assessments eligible for a state income tax credit under this subsection shall meet standards for eligibility promulgated by the commissioner. (d) In no event shall the total amount of any tax credit under this Code section for a taxable year exceed the employer's income tax liability. No unused tax credit shall be allowed to be carried forward to apply to the employer's succeeding years tax liability. No such tax credit shall be allowed the employer against prior years tax liability. (e)(1) On or before October 1 of each year, an employer may submit an application to the commissioner for approval of the tax credit for a taxable year that begins in the next calendar year. Such applications must certify that the employer would not have incurred the eligible telework expenses mentioned therein but for the availability of the tax credit. The commissioner shall review such application and, subject to the limitations provided for in paragraph (2) of this subsection, shall approve such application upon determining that it meets the requirements of this Code section. (2) In no event shall the total amount of tax credits approved by the commissioner under this Code section in a taxable year exceed: (A) $2,000,000.00 in 2007; and (B) $2,000,000.00 in 2008. (f) On or before January 1, 2009, the commissioner shall conduct an assessment of telework programs conducted under this Code section and shall report to the General Assembly any finding regarding performance measures developed by the 4646 JOURNAL OF THE HOUSE commissioner, problems encountered, and recommendations for further implementation of this Code section or amending this Code section. (g) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Martin of the 47th moved that the House disagree to the Senate substitute to HB 194. 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 81. By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Jackson of the 161st and Scott of the 2nd: A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to provide that, with respect to all homestead exemptions, the unremarried surviving spouse of a deceased spouse who has been granted a homestead exemption shall continue to receive that exemption so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 81 The Committee of Conference on HB 81 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 81 be adopted. Respectfully submitted, FRIDAY, MARCH 24, 2006 4647 FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Kasim Reed Senator, 35th District /s/ Burke Day Representative, 163rd District /s/ Ronnie Chance Senator, 16th District /s/ Stephens Representative, 164th District /s/ Eric Johnson Senator, 1st District /s/ Jerry Keen Representative, 179th District A BILL 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 change certain provisions regarding ad valorem tax exemptions; to change certain definitions; to provide a homestead exemption for the full value of the homestead with respect to all ad valorem taxes for the unremarried surviving spouse of a peace officer or firefighter who was killed in the line of duty; 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 applicability of provisions relating to applications for and granting homestead exemptions in certain cases of property transfer from an administrator or executor with respect to certain base year assessed value homestead exemptions; to provide for referenda; 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, is amended in Code Section 48-5-40, relating to definitions regarding property tax exemptions, by striking paragraph (1) and inserting in its place a new paragraph (1) to read as follows: "(1) 'Applicant' means a person who is: (A)(i) A married individual living with his or her spouse; (B)(ii) An individual who is unmarried but who permanently maintains a home for the benefit of one or more other individuals who are related to such individual or dependent wholly or partially upon such individual for support; (C)(iii) An individual who is widowed having one or more children and maintaining a home occupied by himself and the child or children; 4648 JOURNAL OF THE HOUSE (D)(iv) A divorced individual living in a bona fide state of separation and having legal custody of one or more children, when the divorced individual owns and maintains a home for the child or children; or (E)(v) An individual who is unmarried or is widowed and who permanently maintains a home owned and occupied by himself. or herself; and (B) Who is a resident of this state as defined in paragraph (15) of Code Section 40-5-1, as amended." PART II SECTION 2. Said part is further amended by adding between Code Sections 48-5-48.2 and 48-5-49 a new Code Section 48-5-48.3 to read as follows: "48-5-48.3. (a) As used in this Code section, the term: (1) 'Ad valorem taxes' means all state ad valorem taxes and all county, county school district, municipal, and independent school district taxes for county, county school district, municipal, or independent school district purposes including, but not limited to, taxes to retire bonded indebtedness. (2) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40. (b) Each resident of the state who is the unremarried surviving spouse of a peace officer or firefighter who was killed in the line of duty is granted an exemption on that person's homestead from all ad valorem taxes for the full value of that homestead. (c) A person shall not receive the homestead exemption granted by subsection (b) of this Code section unless the person or person's agent files an affidavit with the tax commissioner of the county in which that person resides giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such person is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose and shall require such information as may be necessary to determine the initial and continuing eligibility of the applicant for the exemption. (d) The exemption shall be claimed and returned as provided in Code Section 48-550.1. The exemption shall be automatically renewed from year to year as long as the applicant occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (c) of this Code section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Code section to notify the tax commissioner or the designee thereof in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by this Code section shall be in lieu of and not in addition to any other homestead exemption from ad valorem taxes. FRIDAY, MARCH 24, 2006 4649 (f) The exemption granted by this Code section shall apply to all taxable years beginning on or after January 1, 2007." SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a referendum as provided in this section for the purpose of submitting Section 2 of this part to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 2006, state-wide general election. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which provides a homestead exemption for the full value of the homestead with respect to all ad valorem taxes for the ( ) NO unremarried surviving spouse of a peace officer or firefighter who was killed in the line of duty?" 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 2 of this part shall become effective on January 1, 2007, and shall be applicable to all taxable years beginning on or after that date. If Section 2 of this part is not so approved or if the election is not conducted as provided in this section, Section 2 of this part shall not become effective and this part shall be automatically repealed on the first day of January immediately following that election date. PART III SECTION 4. Said part is further amended in Code Section 48-5-54, relating to applications for and granting homestead exemptions in certain cases of property transfer from an administrator or executor, by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: "(b) The failure to file properly the application and schedule shall not be cause for waiver of the exemption where such waiver arises because of an administrator's or executor's deed transferring the property to a surviving spouse. In such instances, the board of tax assessors shall give notice of its intent to deny the exemption as required by Code Section 48-5-49, and the surviving spouse may make application for the amount of homestead exemption to which such applicant is entitled within 30 days from the date of the notice by the board of tax assessors. In the case of a base year assessed value homestead exemption, as long as the surviving spouse otherwise meets the requirements specified for such exemption and makes proper application under this subsection, upon approval of such application the exemption shall be continued with 4650 JOURNAL OF THE HOUSE the same base year assessed value as had been established for the deceased spouse of such surviving spouse, unless otherwise provided by local law." SECTION 5. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting Section 4 of this part to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the date of the November, 2006, state-wide general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following: "( ) YES Shall the Act be approved which provides that, with respect to base year assessed value homestead exemptions, the surviving spouse of a deceased ( ) NO spouse who has been granted such a homestead exemption shall receive that exemption at the same base year valuation that applied to the deceased spouse so long as that surviving spouse continues to occupy the home as a residence and homestead?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 4 of this part shall become effective on January 1, 2007, and shall apply to all taxable years beginning on or after that date. If Section 4 of this part is not so approved or if the election is not conducted as provided in this section, Section 4 of this part shall not become effective and this part shall be automatically repealed on the first day of January immediately following that election date. PART IV SECTION 6. Except as otherwise provided in Section 3 of Part II of this Act and Section 5 of Part III of this Act, 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 Day of the 163rd moved that the House adopt the report of the Committee of Conference on HB 81. On the motion, the roll call was ordered and the vote was as follows: FRIDAY, MARCH 24, 2006 4651 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 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 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 Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Fludd Y Forster Y Franklin Freeman Y Gardner Y Geisinger Golick Y Graves, D Graves, T E Greene Hanner Y Harbin Y Hatfield Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B E Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar Y Mills Mitchell Y Morgan Y Morris Mosby E 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 Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Smith, B Y Smith, L Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M 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 motion, the ayes were 132, nays 0. The motion prevailed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate insists on its substitute to the following bill of the House: HB 1313. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others: 4652 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Title 8 of the O.C.G.A., relating to buildings and housing, Title 22 of the O.C.G.A., relating to eminent domain, and Title 36 of the O.C.G.A., relating to local government, so as to provide for the comprehensive revision of provisions regarding eminent domain; to provide for a short title; to change certain provisions regarding a housing authority's eminent domain power; to change certain language relating to blighted areas; to provide for a new definition of blighted areas; to change certain provisions regarding housing authorities power of eminent domain; to amend Chapter 3 of Title 23 of the O.C.G.A., relating to equitable remedies and proceedings, so as to grant standing to municipalities and counties to seek certain equitable remedies and proceedings; 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 1059. By Representatives Keen of the 179th, Ralston of the 7th, Burkhalter of the 50th, Freeman of the 140th, Thomas of the 55th and others: A BILL to be entitled an Act to amend Titles 16, 17, 35, and 42 of the O.C.G.A., relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and areas where certain offenders can reside as it affects sexual offenders; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to reorganize and change provisions related to the State Sexual Offender Registry; to provide for other 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, Weber of the 40th, and Harp of the 29th. 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 1313. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others: A BILL to be entitled an Act to amend Title 8 of the O.C.G.A., relating to buildings and housing, Title 22 of the O.C.G.A., relating to eminent domain, FRIDAY, MARCH 24, 2006 4653 and Title 36 of the O.C.G.A., relating to local government, so as to provide for the comprehensive revision of provisions regarding eminent domain; to provide for a short title; to change certain provisions regarding a housing authority's eminent domain power; to change certain language relating to blighted areas; to provide for a new definition of blighted areas; to change certain provisions regarding housing authorities power of eminent domain; to amend Chapter 3 of Title 23 of the O.C.G.A., relating to equitable remedies and proceedings, so as to grant standing to municipalities and counties to seek certain equitable remedies and proceedings; to repeal conflicting laws; and for other purposes. Representative Fleming of the 117th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1313 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 Golick of the 34th, Willard of the 49th, and Fleming of the 117th. By unanimous consent, SB 288 was postponed until the next legislative day. By unanimous consent, SB 480 and SB 510 having been previously postponed, were again postponed until the next legislative day. 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 House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 1732 Do Pass SB 109 Do Pass, by Substitute SB 423 Do Pass, by Substitute SB 565 Do Pass SB 596 Do Pass, by Substitute Respectfully submitted, /s/ Cooper of the 41st Chairman 4654 JOURNAL OF THE HOUSE The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House: HB 1313. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others: A BILL to be entitled an Act to amend Title 8 of the O.C.G.A., relating to buildings and housing, Title 22 of the O.C.G.A., relating to eminent domain, and Title 36 of the O.C.G.A., relating to local government, so as to provide for the comprehensive revision of provisions regarding eminent domain; to provide for a short title; to change certain provisions regarding a housing authority's eminent domain power; to change certain language relating to blighted areas; to provide for a new definition of blighted areas; to change certain provisions regarding housing authorities power of eminent domain; to amend Chapter 3 of Title 23 of the O.C.G.A., relating to equitable remedies and proceedings, so as to grant standing to municipalities and counties to seek certain equitable remedies and proceedings; 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 Carter of the 13th. Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, March 27, 2006, and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, A.M., Monday, March 27, 2006. MONDAY, MARCH 27, 2006 4655 Representative Hall, Atlanta, Georgia Monday, March 27, 2006 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 Benfield Benton Black E Borders Bridges Brooks Bruce Bryant Buckner, D Buckner, G Burns Butler Byrd Carter Casas Chambers Cheokas Coleman, B Cox Crawford Davis Dickson Dodson Drenner Dukes England E Epps E Everson Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger E Golick Greene Harbin Hatfield Heard, J Heard, K E Heckstall Hembree Henson Holt Horne Hugley Jackson James Jamieson Jenkins Johnson Jones, S Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lord Lunsford Maddox Mangham Manning Maxwell May Meadows Mills E Morgan Morris Mosley Mumford Murphy, J Neal Oliver O'Neal Parrish Parsons Porter Ray Reece, B Reece, S Reese Roberts Rogers Royal Rynders Scott, A Scott, M Sheldon Sims, C Sims, F E Smith, L Smith, P Smith, R Smith, T Smith, V Talton Teilhet Thomas, B Tumlin Warren Wilkinson Williams, A Williams, E Williams, R Yates Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Barnes of the 78th, Bordeaux of the 162nd, Burkhalter of the 50th, Burmeister of the 119th, Channell of the 116th, Cole of the 125th, Coleman of the 144th, Cummings of the 16th, Dean of the 59th, Dollar of the 45th, Hanner of the 148th, Hill of the 21st, Hill of the 180th, Howard of the 121st, Hudson of the 124th, Jennings of the 82nd, Jordan of the 77th, Lucas of the 139th, Marin of the 96th, Martin of the 47th, Millar of the 79th, Mitchell of the 88th, Mosby of the 90th, Murphy of the 120th, Orrock of the 58th, Parham of the 141st, Powell of the 29th, Ralston of the 7th, Randall of the 138th, Sailor of the 93rd, Scheid of the 22nd, Setzler of the 35th, Shaw of the 176th, 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, Walker of the 107th, Watson of the 91st, Willard of the 49th, and Wix of the 33rd. 4656 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Pastor Alan Taylor, First Baptist Church of Woodstock, Woodstock, 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 Bill of the House was introduced, read the first time and referred to the Committee: HB 1664. By Representative Brown of the 69th: A BILL to be entitled an Act to amend an Act providing for homestead exemptions from Heard County ad valorem taxes for county purposes and from Heard County School District ad valorem taxes for educational purposes, approved April 13, 1992 (Ga. L. 1992, p. 6107), so as to increase the exemption for ad valorem taxes for educational purposes from $10,000.00 to $20,000.00 of the assessed value of the homestead of residents of the school district who are 65 years of age or older; to provide for MONDAY, MARCH 27, 2006 4657 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. By unanimous consent, the following Bill and Resolution of the House were read the second time: HB 1663 HR 2003 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 101 Do Pass 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 1794 Do Pass, by Substitute SB 316 Do Pass, by Substitute SB 394 Do Pass, by Substitute SB 408 SB 429 SB 522 Do Pass Do Pass, by Substitute Do Pass, by Substitute Respectfully submitted, /s/ Ralston of the 7th Chairman 4658 JOURNAL OF THE HOUSE 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 1466 Do Pass HR 1467 Do Pass HR 1553 Do Pass HR 1554 Do Pass HR 1556 Do Pass HR 1659 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 Senate and has instructed me to report the same back to the House with the following recommendations: SB 659 Do Pass SB 680 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 MONDAY, MARCH 27, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule SB 306 SB 465 SB 466 Hospital/Nursing Home Liens; change notice/filing provision; effect of release General Provisions, O.C.G.A.; correct errors/omissions; reenact the statutory portion; provide necessary revisions/modernizations General Provisions, O.C.G.A; correct errors/omissions in Title 47 MONDAY, MARCH 27, 2006 4659 SB 467 SB 481 SB 484 SB 525 SB 562 SB 573 SB 597 SB 636 SR 793 General Provisions, O.C.G.A; correct errors/omissions in Title 21 Motor Vehicles; registration/licensing; permit military personnel; minimum motor vehicles liability insurance through purchase in other states Colquitt, City of; declare as Georgia's First Mural City Tax Executions; change provisions regarding issuance; definition; procedures Georgia Higher Education Facilities Authority Act; create Land Transactions; development of condominium property; escrow funds Tax Appeal Procedures; recovery of certain appeal costs by taxpayer; change provisions Biodiesel Fuel; define term Ga. Public Defender Standards Council; ratifying the initial minimum standard; Standard for Removal for Cause Modified Open Rule SB 115 SB 442 SB 450 MARTA; reserve fund interest income used to pay operating cost; provision Child Abuse; reporting; change certain provisions Ad Valorem Taxation of Property; revise pay structure of certain county officers/officials; provide recalculation of min. salaries Modified Structured Rule SB 77 SB 420 Feticide; parental notification; define/eliminate terms; provide reports Care of a Grandchild Act; power of attorney from parent to grandparent; create pilot program to provide subsidy to certain grandparents Structured Rule SR 785 Joint Comprehensive State Trauma Services Study Committee; create 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 Senate were taken up for consideration and read the third time: 4660 JOURNAL OF THE HOUSE SB 659. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Madison, approved October 6, 1891 (Ga. L. 1890-91, Vol. II, p. 827), as amended, so as to amend, consolidate, revise, and restate such charter and amendatory Acts amending such charter; 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 680. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, so as to restate and revise the provisions of said Act; to provide for a comprehensive restatement; to change provisions relating to the chairperson and vice chairperson of the board and their selection, service, and powers and duties; to change provisions relating to meetings, a quorum, and voting; to modernize certain provisions and language and omit certain obsolete provisions; 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. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Barnes Y Bearden Beasley-Teague E Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Crawford Y Cummings Y Davis Day Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps E Everson Fleming Floyd, H Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Johnson Jones, J Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar Y Mills Mitchell E Morgan Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B E Smith, L Y Smith, P Y Smith, R Smith, T Y Smith, V MONDAY, MARCH 27, 2006 4661 Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Y Floyd, J Fludd Forster Y Franklin Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Henson Y Hill, C 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 Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Neal 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 Y Smyre Stanley-Turner Y Stephens Stephenson Y Talton Teilhet Thomas, A.M Y Thomas, B Y Tumlin Walker Y Warren Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bills, the ayes were 124, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representatives Day of the 163rd, Dean of the 59th, and Forster of the 3rd 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. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 663. By Senators Thompson of the 5th, Unterman of the 45th, Weber of the 40th, Balfour of the 9th, Shafer of the 48th and others: A BILL to be entitled an Act to amend an Act creating the Gwinnett County Arts Facility Authority, approved April 14, 1991 (Ga. L. 1991, p. 3542), so as to change the number of times each year the authority shall meet; to repeal conflicting laws; and for other purposes. HB 801. By Representatives McCall of the 30th, Richardson of the 19th and Tumlin of the 38th: 4662 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Code Section 43-33-18 of the Official Code of Georgia Annotated, relating to refusal to grant or restore licenses of physical therapists, discipline of licensees, and suspension, revocation, or restriction of licenses, so as to eliminate a requirement for consultation with appropriate licensed practitioners of the healing arts; to repeal conflicting laws; and for other purposes. HB 831. By Representatives Warren of the 122nd, Howard of the 121st and Murphy of the 120th: 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. 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. HB 1083. By Representatives Harbin of the 118th, Burmeister of the 119th and Fleming of the 117th: A BILL to be entitled an Act 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 the definition of projects of the authority; to change certain purposes of the authority and to provide for additional purposes; to provide for an exemption from certain sales and use taxation; to repeal conflicting laws; and for other purposes. HB 1168. By Representatives Stephens of the 164th, Burkhalter of the 50th, Parrish of the 156th and Amerson of the 9th: A BILL to be entitled an Act to amend Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, so as to permit sales of distilled spirits, malt beverages, and wines not produced for consumption on the MONDAY, MARCH 27, 2006 4663 premises at a tasting room of a winery; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1208. By Representatives Jones of the 44th, Tumlin of the 38th, Manning of the 32nd, Johnson of the 37th, Cooper of the 41st 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 1236. By Representatives Wilkinson of the 52nd and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to place of return of motor vehicles and mobile homes, so as to provide for the registration of certain motor vehicles in the county where such vehicles are functionally located; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1240. By Representatives Coan of the 101st, Butler of the 18th, Knox of the 24th, Horne of the 71st, Cox of the 102nd and others: A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the O.C.G.A., relating to workers compensation, so as to provide that the employer must provide notice to the employee within 60 days of the employee's release to return to work with restrictions or limitations; to provide that an employee must submit charges within one year of the date of incurring mileage expenses or the right to collect such charges shall be deemed to be waived; to increase the maximum death benefit to $150,000.00 for the surviving spouse who is the sole dependent at the time of the employee's death; to require that physicians treating workers compensation claimants comply with provisions against selfreferral; to make a conforming amendment to Chapter 1B of Title 43 of the O.C.G.A., relating to patient self-referral; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1249. By Representatives Reece of the 27th, Stephens of the 164th, Channell of the 116th, Rogers of the 26th, Mills of the 25th 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 4664 JOURNAL OF THE HOUSE motor vehicles and mobile homes, so as to provide that watercraft 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 1252. By Representatives Rice of the 51st, Murphy of the 23rd, Talton of the 145th and Dollar of the 45th: A BILL to be entitled an Act to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to driver training schools, so as to provide for relevant definitions; to clarify the qualifications for a limited and temporary driver school permit; to provide qualifications for commercial driver training school operators; to provide standards for business names of driver training schools; to provide for fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1273. By Representatives O`Neal of the 146th, Talton of the 145th and Morris of the 155th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to security deposits, so as to change certain provisions regarding placement of security deposits in escrow accounts; to repeal conflicting laws; and for other purposes. HB 1282. By Representatives Ralston of the 7th and O`Neal of the 146th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to the recording of deeds and other instruments, so as to provide for the filing of a notice of settlement; to provide for an index; to provide for a fee; to provide for a form; to provide for the effect of notice; to provide for duration; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1292. By Representatives Keown of the 173rd, Neal of the 1st, Mills of the 25th, Buckner of the 130th, Borders of the 175th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to create a prison chaplains appreciation day; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 27, 2006 4665 HB 1294. By Representatives Smith of the 113th, Floyd of the 147th and Royal of the 171st: A BILL to be entitled an Act to amend an Act amending Chapter 16 of Title 50 of the O.C.G.A., relating to public property, and amending Part 2 of Article 2 of Chapter 3 of Title 20 of the O.C.G.A., relating to the university system, approved May 29, 2003 (Ga. L. 2003, p. 313), so as to delay the repeal of a certain provision of said Act until June 30, 2008; to eliminate the June 30, 2006, repeal of a certain provision of said Act; to amend Title 20 of the O.C.G.A., relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the university system; to provide for certain nonlapsing revenue of institutions under the Department of Technical and Adult Education; to provide for automatic repeals of certain provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1305. By Representatives Amerson of the 9th, Stephens of the 164th, Smith of the 113th, Royal of the 171st and Forster of the 3rd: A BILL to be entitled an Act to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to provide definitions; to provide for investment entities as to which the state is a sole limited liability owner; to provide means of investment of Seed-Capital Fund moneys by and through investment entities as to which the state is a sole limited liability owner; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1326. By Representatives Coan of the 101st, Williams of the 4th, Butler of the 18th, Carter of the 159th, Cox of the 102nd and others: A BILL to be entitled an Act to amend Code Section 34-8-156 of the Official Code of Georgia Annotated, relating to the State-wide Reserve Ratio for unemployment compensation, so as to change certain provisions regarding adjustment in contribution rates; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1358. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Jones of the 46th, Benton of the 31st and others: A BILL to be entitled an Act to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights, maximum class size, and reporting requirements under the "Quality Basic Education Act," so as to change certain provisions relating to maximum class size requirements; to 4666 JOURNAL OF THE HOUSE provide for legislative intent; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1361. By Representatives Martin of the 47th, Royal of the 171st, Graves of the 137th and Wilkinson of the 52nd: A BILL to be entitled an Act to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," so as to change certain definitions; to change certain provisions regarding minimum millage rate requirements; to change certain provisions relative to creation of tax allocation districts; to change certain provisions regarding payments in lieu of taxes to certain political subdivisions; to amend Code Section 48-5-32.1, relating to certification of assessed taxable value of property and method of computation, so as to make certain conforming changes thereto; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 1404. By Representatives McCall of the 30th, Roberts of the 154th and Crawford of the 127th: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to farmers markets, so as to change certain provisions relating to authority of the Commissioner of Agriculture to provide for safety and security at farmers markets; to provide for law enforcement on the premises of farmers markets; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1405. By Representatives Coan of the 101st, Burkhalter of the 50th, Heard of the 104th, Keen of the 179th, England of the 108th 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 require that a claim be proven or documented within 36 months after a notice of claim is filed; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1423. By Representative Cox of the 102nd: A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts, so as to change the terms of the superior court in Gwinnett County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 27, 2006 4667 HB 1428. By Representatives Meadows of the 5th and Graves of the 12th: A BILL to be entitled an Act to provide for homestead exemptions from City of Calhoun independent school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that school district who are at least 65 but less than 70 years of age and in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district 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. HB 1429. By Representatives Graves of the 12th and Meadows of the 5th: A BILL to be entitled an Act to provide for homestead exemptions from Gordon County school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that school district who are at least 65 but less than 70 years of age and in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemptions 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 1435. By Representatives Burmeister of the 119th, Brown of the 69th, Lunsford of the 110th and Walker of the 107th: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to add certain definitions; to authorize an attendant care giver to provide assistance in voting an absentee ballot; to provide for the manner of assistance in voting for persons with disabilities; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1483. By Representative Parsons of the 42nd: A BILL to be entitled an Act to amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," so as to require two public hearings prior to decreasing any local salary supplement when there has been 4668 JOURNAL OF THE HOUSE an increase in the state minimum salary schedule; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1496. By Representatives Hatfield of the 177th, Sims of the 169th, Smith of the 168th and Mosley of the 178th: A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of superior courts, so as to change the term of court in Bacon, Brantley, Charlton, Coffee, Pierce, and Ware counties in the Waycross Circuit; to repeal conflicting laws; and for other purposes. HB 1542. By Representative Ralston of the 7th: 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 extend the date by which the licensing requirements imposed by the chapter become effective; to extend the date by which persons must meet and apply to be licensed without examination; to change provisions relating to licensure involving a reciprocal agreement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1544. By Representatives Mumford of the 95th, Stephenson of the 92nd and Mangham of the 94th: A BILL to be entitled an Act to provide that the chief magistrate and other magistrates of the Magistrate Court of Rockdale County meet certain qualifications to hold office; to provide that such chief magistrate and other magistrates must have actively practiced law for at least three years in this state immediately before taking office; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1545. By Representatives Beasley-Teague of the 65th and Fludd of the 66th: A BILL to be entitled an Act to authorize the City of Union City to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 27, 2006 4669 HB 1600. By Representatives Butler of the 18th, Bearden of the 68th and Brown of the 69th: A BILL to be entitled an Act to amend an Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, so as to reconstitute the board of education; to change the descriptions of the education districts; to provide for definitions and inclusions; to provide for the election and terms of office of members of the board; to provide for vacancies; to provide for eligibility and qualifications; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1620. By Representatives Mangham of the 94th, Watson of the 91st, Stephenson of the 92nd, Mosby of the 90th, Orrock of the 58th and others: A BILL to be entitled an Act to provide a new charter for the City of Lithonia in DeKalb County, Georgia; 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 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 thereto; to provide for administrative responsibilities; to provide for boards, commissions, and authorities and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for severability; to repeal conflicting laws; and for other purposes. HB 1626. By Representatives Burns of the 157th and Carter of the 159th: A BILL to be entitled an Act to annex certain territory into the City of Guyton and change the corporate limits of the city; to provide for related matters; to provide for a referendum; to provide for submission; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1627. By Representatives Rynders of the 152nd and Hanner of the 148th: A BILL to be entitled an Act to amend an Act to create the Lee County Parks and Recreation Authority, approved May 17, 2004 (Ga. L. 2004, p. 3788), so 4670 JOURNAL OF THE HOUSE as to provide terms for members; to provide for the removal of office for cause; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 1629. By Representatives Rynders of the 152nd and Hanner of the 148th: 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, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3697), so as to provide for terms for authority members; to provide for removal from office of authority members under certain circumstances; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. HB 1630. By Representatives Rynders of the 152nd and Hanner of the 148th: A BILL to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues, and public buildings, and public property, and finances for the County of Lee," approved August 6, 1921 (Ga. L. 1921, p. 517), as amended, so as to provide for the establishment of terms of offices for members of local authorities; to provide for the removal of members of such authorities for cause; to provide for related matters; to provide 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 239. By Representatives Fleming of the 117th, Keen of the 179th, Burkhalter of the 50th, Parrish of the 156th, Cooper of the 41st and others: A BILL to be entitled an Act to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for the manner of making certain settlement offers in certain civil actions; to provide that a party rejecting a settlement offer may be liable for litigation costs where a judgment is significantly less favorable to the rejecting party than was the settlement offer; to provide for practice and procedure; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 268. By Representatives Crawford of the 127th, Fleming of the 117th and Ralston of the 7th: MONDAY, MARCH 27, 2006 4671 A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to change the provisions relating to the compensation of district attorneys, assistant district attorneys, district attorney investigators, and assistant district attorneys who temporarily substitute for a district attorney who dies or resigns during the term of office; to change the provisions relating to additional personnel for district attorneys offices; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change the annual salary of district attorneys; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 379. By Representatives Bridges of the 10th, Cummings of the 16th, Heath of the 31st and Heath of the 31st: A BILL to be entitled an Act to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, so as to provide that a member of such retirement system employed on or after July 1, 2006, who has an impairment which prevents him or her from performing his or her duties in the position he or she held at the onset of the impairment shall not be entitled to receive a disability allowance unless his or her employer certifies that there is no available position comparable in compensation which such employee is capable of performing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. 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. HB 1054. By Representatives Stephens of the 164th, Parham of the 141st, Parrish of the 156th, Graves of the 137th and Carter of the 159th: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I controlled substances; to change certain provisions relating to Schedule IV controlled substances; to change 4672 JOURNAL OF THE HOUSE certain provisions relating to the definition of the term "dangerous drug"; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1145. By Representatives Ralston of the 7th, Mumford of the 95th and Forster of the 3rd: 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 change provisions relating to mental health proceedings; to provide for definitions; to reorganize certain provisions of the article for clarity; to require a child to be represented by an attorney if the child is being evaluated for competency; to change certain provisions relating to the content of an evaluator's report; to provide for least restrictive environments, where possible; to provide certain information to victims; to provide for disposition where a child will not become competent; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1184. By Representatives Stephens of the 164th and Bryant of the 160th: A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, so as to change the name of the Herty Foundation; to provide for modifying the purpose for the foundation; to provide for creating a subsidiary corporation for the foundation; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1244. By Representatives Scott of the 2nd, Reece of the 27th, Chambers of the 81st, Williams of the 4th, Graves of the 12th and others: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of the motor fuel tax, so as to change certain provisions regarding exemptions of sales by duly licensed bulk distributors with respect to public mass transit bases; to repeal conflicting laws; and for other purposes. HB 1372. By Representative Harbin of the 118th: A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide for the introduction and consideration of bills impacting the state health MONDAY, MARCH 27, 2006 4673 benefit plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1373. By Representatives Harbin of the 118th, Burkhalter of the 50th and Keen of the 179th: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to financial affairs, and Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to change provisions relating to the state budget process and budgetary information; to repeal the creation of the Budgetary Responsibility Oversight Committee and matters relative thereto; to provide for certain reports with respect to federal funds and other agency funds; to repeal certain duties and responsibilities of the Budgetary Responsibility Oversight Committee; to repeal conflicting laws; and for other purposes. HB 1436. By Representatives Smith of the 113th, Ehrhart of the 36th, Chambers of the 81st, Drenner of the 86th, Burkhalter of the 50th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 3 of the O.C.G.A., relating to general provisions relative to wine, so as to authorize restaurant patrons to remove for off-premises consumption a resealed partially consumed bottle of wine that was purchased with a full-course meal; to provide for a definition of the term full-course meal; to amend Article 11 of Chapter 6 of Title 40 of the O.C.G.A., relating to miscellaneous provisions of the uniform rules of the road, so as to provide that a resealed partially consumed bottle of wine that was purchased with a full-course meal is not an open alcoholic beverage container for purposes of the prohibition against possessing an open container of alcohol in the passenger area of a motor vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1451. By Representatives Sheldon of the 105th, Knox of the 24th, Walker of the 107th, Byrd of the 20th, Channell of the 116th and others: A BILL to be entitled an Act to amend Article 7A of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the Long-term Care Partnership Program, so as to revise certain definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 4674 JOURNAL OF THE HOUSE HB 1456. By Representatives Meadows of the 5th, Maxwell of the 17th, Smith of the 131st, Forster of the 3rd, Holt of the 112th 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 provide availability of an accident and sickness policy upon termination of dependent coverage based on the age of the dependent; to change requirements as to individual accident and sickness policies to insure certain dependent children of the insured up to and including age 25; to provide an exception for certain matters concerning renewability of individual accident and sickness policies; to provide for the Commissioner to promulgate rules and regulations; to require that certain group accident and sickness insurance policies insure certain dependent children of the insured up to and including age 25; to provide for related matters; 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 513. By Representatives Scott of the 153rd and Day of the 163rd: A BILL to be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information on licensees and furnishing of information, so as to provide for furnishing of driver history information; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1211. By Representatives Reese of the 98th, Lane of the 158th, Ralston of the 7th, Holt of the 112th, Crawford of the 127th 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 the Southern Appalachian brook trout as the official state cold water game fish; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1216. By Representatives Freeman of the 140th, Rice of the 51st, Porter of the 143rd, Talton of the 145th, Byrd of the 20th and others: 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 allow the use of properly equipped all-terrain vehicles by law enforcement agencies; to provide for MONDAY, MARCH 27, 2006 4675 related matters; to provide for 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 663. By Senators Thompson of the 5th, Unterman of the 45th, Weber of the 40th, Balfour of the 9th, Shafer of the 48th and others: A BILL to be entitled an Act to amend an Act creating the Gwinnett County Arts Facility Authority, approved April 14, 1991 (Ga. L. 1991, p. 3542), so as to change the number of times each year the authority shall meet; 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: Buckner of the 76th and Fludd of the 66th. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1466. By Representative Yates of the 73rd: A RESOLUTION commending Matt Dettmering for his role in saving the life of Kenny Edwards and inviting him to appear before the House of Representatives; and for other purposes. HR 1467. By Representative Yates of the 73rd: A RESOLUTION commending Thomas Sellers for his role in saving the life of Kenny Edwards and inviting him to appear before the House of Representatives; and for other purposes. HR 1553. By Representative Reese of the 98th: A RESOLUTION commending Matt Dettmering, Jeff Dillard, Arthur Page, Thomas Sellers, and Vincent Washington for saving the life of Kenny Edwards; inviting Kenny Edwards to appear before the House of Representatives; and for other purposes. 4676 JOURNAL OF THE HOUSE HR 1554. By Representatives Mumford of the 95th and Reese of the 98th: A RESOLUTION commending Vincent Washington for his role in saving the life of Kenny Edwards and inviting him to appear before the House of Representatives; and for other purposes. HR 1556. By Representative Butler of the 18th: A RESOLUTION commending Arthur Page for his role in saving the life of Kenny Edwards and inviting him to appear before the House of Representatives; and for other purposes. HR 1659. By Representatives Maxwell of the 17th, Richardson of the 19th, Reese of the 98th, Cox of the 102nd and Geisinger of the 48th: A RESOLUTION commending Jeff Dillard for his role in saving the life of Kenny Edwards and inviting him to appear before the House of Representatives; and for other purposes. The following message was received from the Senate through Mr. Ewing, 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 529. By Senators Rogers of the 21st, Hamrick of the 30th, Douglas of the 17th, Schaefer of the 50th, Seabaugh of the 28th and others: A BILL to be entitled an Act to amend Title 13 of the O.C.G.A., relating to contracts, Title 16 of the O.C.G.A., relating to crimes and offenses, Title 34 of the O.C.G.A., relating to labor, Title 35 of the O.C.G.A., relating to law enforcement, and Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for procedures and requirements applicable to certain contracts or subcontracts; to prohibit certain retaliation; to provide for enforcement, penalties, and exceptions; to provide for offenses regarding involuntary servitude, trafficking of persons for forced labor or services, and sexual servitude of a minor; to provide for related matters; to provide for MONDAY, MARCH 27, 2006 4677 effective dates; to provide for 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: Kemp of the 46th, Seabaugh of the 28th, and Rogers of the 21st. Representative Reece of the 27th assumed the Chair. Under the general order of business, established by the Committee on Rules, the following Bill and Resolutions of the Senate were taken up for consideration and read the third time: SR 785. By Senators Johnson of the 1st, Staton of the 18th, Williams of the 19th, Thomas of the 54th and Balfour of the 9th: A RESOLUTION creating a Joint Comprehensive State Trauma Services Study Committee; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Barnes Y Bearden Beasley-Teague E Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Burmeister Y Burns Y Butler Y Byrd Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps E Everson Fleming Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley 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 Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Mitchell E Morgan 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 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 Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin 4678 JOURNAL OF THE HOUSE Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox E Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Henson Y Hill, C Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas E Lunsford Y Maddox Y Mangham Y Manning Marin Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Walker Y Warren Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 144, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. 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. The Speaker assumed the Chair. SR 793. By Senators Hamrick of the 30th and Smith of the 52nd: A RESOLUTION ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "Standard for Removal of a Circuit Public Defender for Cause Pursuant to O.C.G.A. 17-12-20," hereinafter referred to as the "Standard for Removal for Cause"; to provide for an effective date; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague E Benfield Y Benton Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Jackson Y Jacobs Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Mitchell E Morgan Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Sheldon Sims, C Y Sims, F Y Sinkfield MONDAY, MARCH 27, 2006 4679 Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Burmeister Y Burns 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 Ehrhart Y England Y Epps E Everson Y Fleming Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D E Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C 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 E Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 Y Ralston Y Randall Y Ray Y Reece, B Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, 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 Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 149, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. 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. SB 306. By Senators Hamrick of the 30th and Harp of the 29th: A BILL to be entitled an Act to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospital and nursing home liens, so as to change notice and filing provisions with respect to certain liens; to change a provision relating to the effect of release or covenant not to sue on hospitals and other medical provider liens; to change a provision relating to the effect of this part on a settlement or release entered into before entry into a hospital, nursing home, or traumatic burn care medical facility; to provide for related matters; to repeal conflicting laws; and for other purposes. 4680 JOURNAL OF THE HOUSE Representative Jamieson of the 28th moved that further consideration of SB 306 be suspended until later in the legislative day. The motion prevailed. The following Bill and Resolution of the House were taken up for the purpose of considering the Senate substitute or amendment thereto: HR 1306. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others: A RESOLUTION proposing an amendment to the Constitution so as to require that the condemnation of property for redevelopment purposes must be approved by vote of the elected governing authority of the county or city in which the property is located; to restrict the use of eminent domain for redevelopment purposes to the elimination of affirmative harm; to provide that the use of eminent domain by counties and municipalities shall be subject to limitation by general law; to prohibit the use of eminent domain by certain nonelected local authorities; to provide for submission of this amendment for ratification or rejection; and for other purposes. The following Senate amendment was read: The Senate moves to amend HR 1306 by striking lines 19 through 21 on page 1 and inserting in lieu thereof the following: purposes by any entity, except for public use, as defined by general law. By striking lines 27 through 28 on page 2 and inserting in lieu thereof the following: ( ) NO contested use of eminent domain except for public use as defined by Representative Golick of the 34th moved that the House agree to the Senate amendment to HR 1306. 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 Y Davis Y Day Y Dean Y Dickson Y Dodson Y Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard, E Hudson Y Martin E Maxwell Y May McCall McClinton Y Meadows Y Millar Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon MONDAY, MARCH 27, 2006 4681 Beasley-Teague E 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 Y Coleman, T Cooper Y Cox Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps E Everson Y Fleming Floyd, H Y Floyd, J Y Fludd Y Forster E Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D E Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y 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 E Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Mills Mitchell E Morgan E 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 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 Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 155, nays 0. The motion prevailed. Representative Holt of the 112th 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 Franklin of the 43rd was excused on the preceding roll call. He wished to be recorded as voting "nay" thereon. HB 111. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: 4682 JOURNAL OF THE HOUSE A BILL To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change the definition of the term "dealer" for purposes of sales and use taxation; to change certain provisions regarding payment of sales and use tax by contractors furnishing tangible personal property and services; to provide for a definition; to provide for powers, duties, and authority of the state revenue commissioner; 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 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by striking paragraph (3) of Code Section 48-8-2, relating to definitions regarding sales and use tax, and inserting in its place a new paragraph (3) to read as follows: "(3) 'Dealer' means every person who: (A) Has sold at retail, used, consumed, distributed, or stored for use or consumption in this state tangible personal property and who cannot prove that the tax levied by this article has been paid on the sale at retail or on the use, consumption, distribution, or storage of the tangible personal property; (B) Imports or causes to be imported tangible personal property from any state or foreign country for sale at retail, or for use, consumption, distribution, or storage for use or consumption in this state; (C) Is the lessee or renter of tangible personal property and who pays to the owner of the property a consideration for the use or possession of the property without acquiring title to the property; (D) Leases or rents tangible personal property for a consideration, permitting the use or possession of the property without transferring title to the property; (E) Maintains or has within this state, indirectly or by a subsidiary, an office, distributing house, distribution center, salesroom, or house, sales office, warehouse, service enterprise, or any other place of business; (F) Manufactures or produces tangible personal property for sale at retail or for use, consumption, distribution, or storage for use or consumption in this state; (G) Sells at retail, offers for sale at retail, or has in his possession for sale at retail, or for use, consumption, distribution, or storage for use or consumption in this state tangible personal property; (H) Solicits business by representatives an agent, employee, representative, or any other person; or engages (I) Engages in the regular or systematic solicitation of a consumer market in this state, unless the dealer's only activity in this state is: by the distribution of catalogs, periodicals, advertising fliers, or other advertising, or by means of print, radio, or television media, by telegraphy, telephone, computer data base, cable optic, MONDAY, MARCH 27, 2006 4683 microwave, or other communication system. Each dealer as defined in this subparagraph shall collect the tax imposed by this article from the purchaser, lessee, or renter, as applicable, and no action seeking either legal or equitable relief on a sale, lease, rental, or other transaction may be had in this state by the dealer unless it is affirmatively shown that this article has been fully complied with; or (i) Advertising or solicitation by: (I) Direct mail, catalogs, periodicals, or advertising fliers; (II) Means of print, radio, or television media; or (III) Telephone, computer, the Internet, cable, microwave, or other communication system; or (ii) The delivery of tangible personal property within this state solely by common carrier or United States mail. The exceptions provided in divisions (i) and (ii) of this subparagraph shall not apply to any requirements under Code Section 48-8-14; (J) Is an affiliate that sells at retail, offers for sale at retail in this state, or engages in the regular or systematic solicitation of a consumer market in this state through a related dealer located in this state unless: (i) The in-state dealer to which the affiliate is related does not engage in any of the following activities on behalf of the affiliate: (I) Advertising; (II) Marketing; (III) Sales; or (IV) Other services; and (ii) The in-state dealer to which the affiliate is related accepts the return of tangible personal property sold by the affiliate and also accepts the return of tangible personal property sold by any person or dealer that is not an affiliate on the same terms and conditions as an affiliate's return; As used in this subparagraph, the term 'affiliate' means any person that is related directly or indirectly through one or more intermediaries, controls, is controlled by, is under common control with, or is subject to the control of a dealer described in subparagraphs (A) through (I) of this paragraph or in this subparagraph; or (I)(K) Notwithstanding any of the provisions contained in this paragraph, with respect to a person that is not a resident or domiciliary of Georgia, that does not engage in any other business or activity in Georgia, and that has contracted with a commercial printer for printing to be conducted in Georgia, such person shall not be deemed a 'dealer' in Georgia merely because such person: (i) Owns tangible or intangible property which is located at the Georgia premises of a commercial printer for use by such printer in performing services for the owner; (ii) Makes sales and distributions of printed material produced at and shipped or distributed from the Georgia premises of the commercial printer; 4684 JOURNAL OF THE HOUSE (iii) Performs activities of any kind at the Georgia premises of the commercial printer which are directly related to the services provided by the commercial printer; or (iv) Has printing, including any printing related activities, and distribution related activities performed by the commercial printer in Georgia for or on its behalf, nor shall such person, absent any contact with Georgia other than with or through the use of the commercial printer or the use of the United States Postal Service or a common carrier, have an obligation to collect sales or use tax from any of its customers located in Georgia based upon the activities described in divisions (i) through (iv) of this subparagraph. In no event described in this subparagraph shall such person be considered to have a fixed place of business in Georgia at either the commercial printer's premises or at any place where the commercial printer performs services on behalf of that person. (L) Each dealer shall collect the tax imposed by this article from the purchaser, lessee, or renter, as applicable, and no action seeking either legal or equitable relief on a sale, lease, rental, or other transaction may be had in this state by the dealer unless the dealer has fully complied with this article. (M) The commissioner shall promulgate such rules and regulations necessary to administer this paragraph, including other such information, applications, forms, or statements as the commissioner may reasonably require." SECTION 2. Said chapter is further amended by striking Code Section 48-8-63, relating to payment of sales and use tax by contractors furnishing tangible personal property and services, and inserting in its place a new Code Section 48-8-63 to read as follows: "48-8-63. (a) As used in this Code section, the term 'nonresident subcontractor' means a person who does not have a bona fide place of business in Georgia through the maintaining of a permanent domicile or business facility engaged in contracting real property work and who contracts with a prime or general contractor to perform all or any part of the contract of the prime or general contractor or who contracts with a subcontractor who has contracted to perform any part of the contract entered into by the prime or general contractor. (a)(b) Each person who orally, in writing, or by purchase order contracts to furnish tangible personal property and to perform services under the contract within this state shall be deemed to be the consumer of the tangible personal property and shall pay the sales tax imposed by this article at the time of the purchase. Any person so contracting who fails to pay the sales tax at the time of the purchase or at the time the sale is consummated outside the limits of this state shall be liable for the payment of the sales or use tax. This Code section shall not relieve the dealer who made the sale from such dealer's liability to collect and pay the tax on purchases by a contractor. (b)(c) Each person who contracts to perform services in this state and who is furnished tangible personal property for use under the contract by the person, or such person's MONDAY, MARCH 27, 2006 4685 agent or representative, for whom the contract is to be performed, when a sales or use tax has not been paid to this state by the person supplying the tangible personal property, shall be deemed to be the consumer of the tangible personal property so used and shall pay a use tax based on the fair market value of the tangible personal property so used irrespective of whether any right, title, or interest in the tangible personal property becomes vested in the contractors. (c)(d) Each person who orally, in writing, or by purchase order contracts to perform any service the principal part of which is the furnishing of machinery which will not be under the exclusive control of the contractor shall be liable to collect a sales tax on the rental value of the machinery so used. If labor and other charges are not separated from the rental charge, the person so contracting shall be liable to collect a sales tax on the entire contract price. (d)(e)(1) Any subcontractor who enters into a construction contract with a general or prime contractor shall be liable under this article as a general or prime contractor. Any general or prime contractor who enters into any construction contract or contracts with any nonresident subcontractor, where the total amount of such contract or contracts between such general or prime contractor and any nonresident subcontractors on any given project equals or exceeds $250,000.00 shall withhold up to 4 percent of the payments due the nonresident subcontractor in satisfaction of any sales or use taxes owed this state. (2) The prime or general contractor shall withhold payments on all contracts that meet the criteria specified in paragraph (1) of this subsection until the nonresident subcontractor furnishes such prime or general contractor with a certificate issued by the commissioner showing that all sales taxes accruing by reason of the contract between the nonresident subcontractor and the general or prime contractor have been paid and satisfied. If the prime or general contractor for any reason fails to withhold up to 4 percent of the payments due the nonresident subcontractor under their contract, such prime or general contractor shall become liable for any sales or use taxes due or owed this state by the nonresident subcontractor. (e)(f) Whenever a nonresident subcontractor holding a contract with a general or prime contractor has posted with the commissioner either a good and valid bond with a surety company authorized to do business in this state or legal securities in an amount of not less than $5,000.00 nor more than $50,000.00, as determined by the commissioner, conditioned that all sales and use taxes which may accrue to this state on account of the execution of contracts that meet the criteria established in paragraph (1) of subsection (e) of this Code section by nonresident subcontractors will be paid when due, no general or prime contractor shall withhold any sums due the nonresident subcontractor under their contract with respect to sales and use taxes. (f)(g) Nothing contained in this Code section shall be construed to impose any sales or use tax with respect to the use of tangible personal property owned by the United States in the performance of contracts with the United States when the property is not actually used up and consumed in the performance of the contract. Tangible personal property incorporated into real property construction which loses its identity as tangible personal 4686 JOURNAL OF THE HOUSE property shall be deemed to be used up and consumed within the meaning of this subsection. (g)(h)(1) Nothing contained in this Code section shall be construed to impose any sales or use tax with respect to the use of tangible personal property owned by the State of Georgia, the University System of Georgia, or any county, municipality, local board of education, or other political subdivision of this state in the performance of contracts with such entities when the property is not actually used up and consumed in the performance of the contract. Tangible personal property incorporated into real property construction which loses its identity as tangible personal property shall be deemed to be used up and consumed within the meaning of this subsection. Any governmental entity which furnishes tangible personal property to a contractor for incorporation into a construction, renovation, or repair project conducted pursuant to a contract with such governmental entity shall issue advance written notice to such contractor of the amount of tax owed for such tangible personal property. The failure of the governmental entity to issue such advance written notice to the contractor of such tax liability shall render such governmental entity liable for such tax. (2) This subsection shall not apply with respect to the use of tangible personal property owned by the United States. (i) The commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section." SECTION 3. This Act shall become effective July 1, 2006. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Lewis of the 15th moved that the House agree to the Senate substitute to HB 111. 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 Beasley-Teague E 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 Everson Y Hill, C.A Y Holmes Holt Y Horne Y Houston Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Jennings Y Martin E Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Mitchell E Morgan E Morris Y Mosby Y Mosley Mumford Y Sailor Scheid Y Scott, A Y Scott, M Setzler Shaw Y Sheldon Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R MONDAY, MARCH 27, 2006 4687 Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D E Graves, T Y Greene Hanner Y Harbin Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Hill, C Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Murphy, J Y Murphy, Q Y Neal Y Oliver 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 Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Walker Y Warren Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 141, nays 0. The motion prevailed. The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto: SB 209. By Senators Stoner of the 6th, Butler of the 55th, Pearson of the 51st and Hill of the 32nd: A BILL to be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to change the time period for issuance of a commission order after a hearing regarding a gas supply plan and adjustment factors filed by a gas utility; to repeal conflicting laws, and for other purposes. Representative Wix of the 33rd moved that the House recede from its position in amending SB 209. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Crawford Y Cummings Y Davis Y Day Y Hill, C.A Y Holmes Holt Y Horne Y Martin E Maxwell Y May McCall Y Sailor Y Scheid Y Scott, A Y Scott, M 4688 JOURNAL OF THE HOUSE Y Barnard Y Barnes Y Bearden 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 Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D E Graves, T Y Greene Y Hanner N Harbin Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson 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 N Loudermilk Y Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin McClinton Y Meadows Y Millar Y Mills Mitchell E Morgan E 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 Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Setzler 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 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 On the motion, the ayes were 149, nays 2. The motion was 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. Ewing, the Secretary thereof: Mr. Speaker: The Senate has disagreed to the House substitute to the following bill of the Senate: SB 500. By Senators Stephens of the 27th, Wiles of the 37th, Staton of the 18th and Hill of the 32nd: MONDAY, MARCH 27, 2006 4689 A BILL to be entitled an Act to provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to require all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on electronic recording voting systems; to provide for a pilot program during the 2006 November general election and any runoff therefrom in certain counties; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. The Senate insists on its substitute to the following bill of the House: HB 194. By Representatives Martin of the 47th, Burkhalter of the 50th, Amerson of the 9th, Royal of the 171st, Ashe of the 56th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 1090. By Representatives Harbin of the 118th, Fleming of the 117th, Burmeister of the 119th and Rogers of the 26th: A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the O.C.G.A., relating to contracts for public works, and Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, so as to provide that a contractor that is more than 30 days behind in the performance of a state public works construction contract or a construction or maintenance contract with the Department of Transportation due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contract is 4690 JOURNAL OF THE HOUSE brought current or is completed; 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 1090 by line 6 of the Act between state and public inserting agency Line 19 and 22 between state and public inserting the word agency of section 1 article 3 Line 17 between state and public inserting the word agency of section 2. Representative Harbin of the 118th moved that the House disagree to the Senate amendment to HB 1090. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1421. By Representatives Fleming of the 117th, Ralston of the 7th and Hatfield of the 177th: A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demand for trial and announcement of readiness for trial, so as to require that a defendant be present in court and announce ready for trial if a demand for trial is filed; to require that a demand for trial be filed and served as a separate document and labeled as a demand for trial; to change provisions relating to demand for trial and service of the demand; to provide for other related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change provisions relating to notices and pleadings in criminal proceedings; to change provisions relating to demand for trial and announcement of readiness for trial; to require a demand for speedy trial be filed and served as a separate document and labeled as a demand for speedy trial; to change provisions relating to demand for speedy trial and service of such demand; to provide for procedures relating to demand for speedy trial in capital cases; to correct cross-references; to provide for MONDAY, MARCH 27, 2006 4691 enhanced sentences in any case in which the trier of fact determines beyond a reasonable doubt that the defendant who is age 18 or over and intentionally selects any victim or any property as the object of the offense because of the victim's race, religion, gender, national origin, or sexual orientation; to amend Code Section 38-3-62 of the Official Code of Georgia Annotated, relating to suspension or tolling of deadlines and time schedules in the event of a judicial emergency, so as to correct a cross-reference; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-7-170, relating to demands for trial, and inserting in lieu thereof the following: "17-7-170. (a) Any person defendant against whom a true bill of indictment or an accusation is filed with the clerk for an offense not affecting the person's defendant's life may enter a demand for speedy trial at the court term at which the indictment or accusation is filed or at the next succeeding regular court term thereafter; or, by special permission of the court, he or she the defendant may at any subsequent court term thereafter demand a speedy trial. In either case, the demand for speedy trial shall be filed with the clerk of court and served upon the prosecutor and upon the judge to whom the case is assigned or, if the case is not assigned, upon the chief judge of the court in which the case is pending. A demand for speedy trial filed pursuant to this Code section shall be filed as a separate, distinct, and individual document and shall not be a part of any other pleading or document. Such demand shall clearly be titled 'Demand for Speedy Trial'; reference this Code section within the pleading; and identify the indictment number or accusation number for which such demand is being made. The demand for speedy trial shall be binding only in the court in which the demand for speedy trial is filed, except where the case is transferred from one court to another without a request from the defendant. (b) If the person defendant is not tried when the demand for speedy trial is made or at the next succeeding regular court term thereafter, provided that at both court terms there were juries impaneled and qualified to try the person, defendant, the person defendant shall be absolutely discharged and acquitted of the offense charged in the indictment or accusation. For purposes of computing the term at which a misdemeanor must be tried under this Code section, there shall be excluded any civil term of court in a county in which civil and criminal terms of court are designated; and for purposes of this Code section it shall be as if such civil term was not held. (c) Any demand for speedy trial filed pursuant to this Code section shall expire at the conclusion of the trial or upon the defendant entering a plea of guilty or nolo contendere. 4692 JOURNAL OF THE HOUSE (d) If a case in which a demand for speedy trial has been filed, as provided in this Code section, is reversed on direct appeal, a new demand for speedy trial must shall be filed within the term of court in which the remittitur from the appellate court is received by the clerk of court or at the next succeeding regular court term thereafter. (e) If the case in which a demand for speedy trial has been filed as provided in this Code section results in a mistrial, the case shall be tried at the next succeeding regular term of court." SECTION 2. Said title is further amended by striking Code Section 17-7-171, relating to time for demand for trial in capital cases, and inserting in lieu thereof the following: "17-7-171. (a) Any person accused of a capital offense may enter a demand for speedy trial at the term of court at which the indictment is found or at the next succeeding regular term thereafter; or, by special permission of the court, he the defendant may at any subsequent term thereafter demand a speedy trial. The demand for speedy trial shall be filed with the clerk of court and served upon the prosecutor and upon the judge to whom the case is assigned or, if the case is not assigned, upon the chief judge of the court in which the case is pending. A demand for trial filed pursuant to this Code section shall be filed as a separate, distinct, and individual document and shall not be a part of any other pleading or document. Such demand shall clearly be titled 'Demand for Speedy Trial'; reference this Code section within the pleading; and identify the indictment number or accusation number for which such demand is being made. The demand for speedy trial shall be binding only in the court in which such demand is filed, except where the case is transferred from one court to another without a request from the defendant. (b) If more than two regular terms of court are convened and adjourned after the term at which the demand for speedy trial is filed and the defendant is not given a trial, then he the defendant shall be absolutely discharged and acquitted of the offense charged in the indictment, provided that at both terms there were juries impaneled and qualified to try the defendant and provided, further, that the defendant was present in court announcing ready for trial and requesting a trial on the indictment. (c) In cases involving a capital offense for which the death penalty is sought, if a demand for speedy trial is entered, the counting of terms under subsection (b) of this Code section shall not begin until the convening of the first term following the completion of pretrial review proceedings in the Supreme Court under Code Section 17-10-35.1." SECTION 3. Said title is further amended by striking Code Section 17-7-172, relating to requirement of announcement of readiness for trial prior to announcement by defendant, and inserting in lieu thereof the following: "17-7-172. MONDAY, MARCH 27, 2006 4693 The state shall be required in every case to announce ready or not ready for trial, except in those cases where the defendant is entitled by law to demand a speedy trial, before the defendant shall be called on to make such announcement." SECTION 4. Said title is further amended by striking Code Section 17-8-21, relating to when a showing for a continuance is required of the state, and inserting in lieu thereof the following: "17-8-21. In all cases in which the defendant cannot, according to law, demand a speedy trial, a continuance shall not be granted to the state, except upon a reasonable showing therefor." SECTION 5. Said title is further amended by striking subsection (c) of Code Section 17-8-31, relating to grounds for granting of continuances, and inserting in lieu thereof the following: "(c) In cases in which a demand for speedy trial has been filed in accordance with Code Section 17-7-170 or 17-7-171, the court shall grant the continuance if the party moving for a continuance pursuant to subsection (b) of this Code section establishes by testimony, affidavits, or other evidence that: (1) The witness is material and necessary; (2) The witness is located outside the territorial limits of the state; (3) The party has submitted a request to the proper military authorities for the testimony of the witness in accordance with Section 301 of Title 5 of the United States Code and federal regulations or directives issued by the armed forces pursuant thereto; and (4) The witness will not be available within the time limits prescribed by Code Section 17-7-170 or 17-7-171. This continuance shall toll the running of the demand for speedy trial and shall continue the trial until the witness is released from active duty or the military makes the witness available to testify. If the witness only becomes available to testify within the last two weeks of the term of court in which the case must be tried, the case may be tried at the next succeeding term of court." SECTION 5.1. Said title is further amended by striking the introductory language in subsection (a) of Code Section 17-10-17, relating to sentencing of defendants guilty of crimes involving bias or prejudice, circumstances, and parole, and inserting in lieu thereof the following: "(a) Subject to the notice requirement provided in Code Section 17-10-18 and in enhancement of the penalty imposed, if the trier of fact determines beyond a reasonable doubt that the defendant who is age 18 or over and intentionally selects any victim or any property of the victim as the object of the offense because of bias or prejudice the 4694 JOURNAL OF THE HOUSE victim's race, religion, gender, national origin, or sexual orientation, the judge imposing sentence may:" SECTION 6. Code Section 38-3-62 of the Official Code of Georgia Annotated, relating to suspension or tolling of deadlines and time schedules in the event of a judicial emergency, is amended by striking paragraph (3) and inserting in lieu thereof the following: "(3) The time within which to try a case for which a demand for speedy trial has been filed;" SECTION 7. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Fleming of the 117th moves to amend the Senate substitute to HB 1421 by striking all matter on lines 7 through 10 of page 1 and inserting in place thereof the following: capital cases; to correct cross-references; to amend By striking Section 5.1 in its entirety from lines 17 through 26 of page 4. Representative Fleming of the 117th moved that the House agree to the Senate substitute, as amended by the House, to HB 1421. 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 Bearden Beasley-Teague E Benfield Y Benton Y Black N 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 Y Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Mitchell E Morgan Y Morris Y Mosby Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal N Oliver O'Neal Y Sailor Scheid Y Scott, A Y Scott, M 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 MONDAY, MARCH 27, 2006 4695 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 Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 Rice Y Roberts Y Rogers Y Royal Y Rynders Y Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 153, nays 2. The motion prevailed. Representatives Ashe of the 56th, Brooks of the 63rd, Dukes of the 150th, Hugley of the 133rd, Jacobs of the 80th, Orrock of the 58th, Sailor of the 93rd, Stanley-Turner of the 53rd, Stephenson of the 92nd, Thomas of the 55th, Watson of the 91st, Wilkinson of the 52nd, and Williams of the 165th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon. 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 481. By Senators Stephens of the 27th, Douglas of the 17th, Whitehead, Sr. of the 24th, Schaefer of the 50th, Staton of the 18th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration and enforcement of the chapter concerning the registration and licensing of motor vehicles, so as to permit military personnel whose vehicles are registered in Georgia and have Georgia license plates who are stationed in other states as part of their military assignments and duties to meet their obligations concerning minimum motor vehicle liability insurance through the purchase of certain insurance in such other states; 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. 4696 JOURNAL OF THE HOUSE On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden 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 Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard, E 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 Y Lucas Lunsford Y Maddox Y Mangham Manning Y Marin Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Mitchell E 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 Y Ralston Y Randall Y 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 Setzler Y Shaw 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 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 158, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Manning of the 32nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. SB 573. By Senators Carter of the 13th and Cagle of the 49th: A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the Official MONDAY, MARCH 27, 2006 4697 Code of Georgia Annotated, relating to regulation of specialized land transactions, so as to provide that the seller may withdraw escrow funds in excess of 1 percent of the purchase price of a condominium in order to fund construction and development of the condominium property; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 2 of Title 8 and Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to buildings generally and condominiums, so as to change certain provisions relating to condominium sales and repairs; to change certain provisions relating to resolution of construction defects; to clarify how builders and homeowners are required to operate under Part 2A relating to resolution of construction defects; to change conflicting language within Part 2A; to provide a better framework for dispute resolution; to change certain definitions; to change certain provisions relating to notice of claim and the response of the contractor to the claim; to change certain provisions relating to discovery of additional defects after original notice of a claim is given; to change certain provisions relating to the effect of a claimant's acceptance of settlement and subrogation of insurance; to change certain provisions relating to the notice to the consumer prior to beginning initial construction work; to change certain provisions relating to the prohibition against bribery of property or association managers; to change certain provisions relating to causes of action being created and the contractor's right to seek recovery from subcontractors or other professionals; to provide that the seller may withdraw escrow funds in excess of 1 percent of the purchase price of a condominium in order to fund construction and development of the condominium property; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, is amended by striking Part 2A, relating to resolution of construction defects, and inserting in lieu thereof the following: "Part 2A 8-2-35. The legislature finds, declares, and determines that Georgia needs an alternative method to resolve legitimate construction disputes that would reduce the need for litigation 4698 JOURNAL OF THE HOUSE while adequately protecting the rights of homeowners. The legislature declares that an effective alternative dispute resolution mechanism in certain construction defect matters should involve the claimant filing a notice of claim with the contractor that the claimant asserts is responsible for the defect and providing the contractor with the opportunity to resolve the claim without litigation. 8-2-36. As used in this part, the term: (1) 'Action' means any civil lawsuit, judicial action, or arbitration proceeding asserting a claim in whole or in part for damages or other relief in connection with a dwelling or common area caused by an alleged construction defect. (2) 'Association' means a corporation formed for the purpose of exercising the powers of the members of any common interest community. (3) 'Claimant' means anyone who asserts a claim concerning a construction defect. (4) 'Common area' means the common areas, improvements, and facilities that are owned or maintained by the association in a common interest community. (4)(5) 'Construction defect' has the meaning assigned by a written, express warranty either provided by the contractor or required by applicable statutory law; if no written, express warranty or applicable statutory warranty provides a definition, then 'construction defect' means a matter concerning the design, construction, or repair, or alteration of a dwelling or common area, of an alteration of or repair or addition to an existing dwelling, or of an appurtenance to a dwelling or common area on which a person has a complaint against a contractor. The term may include any physical damage to the dwelling or common area, any appurtenance, or the real property on which the dwelling or appurtenance is affixed proximately caused by a construction defect. (5)(6) 'Contractor' means any person, firm, partnership, corporation, association, or other organization that is engaged in the business of designing, developing, constructing, or selling dwellings or common areas, or the alteration of or addition alterations of or additions to an existing dwelling, repair of a new or existing dwelling, or construction, sale, alteration, addition, or repair of an appurtenance to a new or existing dwelling existing dwellings or common areas, or the repair of such improvements. The term includes: (A) An owner, officer, director, shareholder, partner, or employee of the contractor; (B) Subcontractors and suppliers of labor and materials used by a contractor in a dwelling or common area; and (C) A risk retention group registered under applicable law, if any, that insures all or any part of a contractor's liability for the cost to repair a construction defect. (6)(7) 'Dwelling' means a single-family house, duplex, or multifamily unit designed for residential use in which title to each individual residential unit is transferred to the owner under a condominium or cooperative system and shall include common areas and improvements that are owned or maintained by an association or by members of an association. A dwelling includes the systems, other components, improvements, MONDAY, MARCH 27, 2006 4699 other structures, or recreational facilities that are appurtenant to the house, duplex, or multifamily unit at the time of its initial sale but not necessarily a part of the house, duplex, or multifamily unit. (7)(8) 'Serve' or 'service' means deposit in the United States mail, postage prepaid for delivery by certified mail, return receipt requested or statutory overnight delivery, return receipt requested, to the last known address of the addressee. For a corporation, limited partnership, limited liability company, or other registered business organization, it means service on the registered agent or other agent for service of process authorized by law. 8-2-37. If a claimant files an action without first complying with the requirements of this part, on application by a party to the action, the court or arbitrator shall stay the action until the claimant has complied with the requirements of this part. To the extent that the action includes a cause of action for damages due to personal injury or death, such cause of action shall not be subject to stay pursuant to this Code section. 8-2-38. (a) In every action subject to this part, the claimant shall, no later than 90 days before initiating an action against a contractor, provide service of written notice of claim on that contractor. The notice of claim shall state that the claimant asserts a construction defect claim or claims and is providing notice of the claim or claims pursuant to the requirements of this part. The notice of claim shall describe the claim or claims in detail sufficient to explain the nature of the alleged construction defects and the results of the defects. In addition, the claimant shall provide to the contractor any evidence that depicts the nature and cause of the construction defect, including expert reports, photographs, and videotapes, if that evidence would be discoverable under evidentiary rules. (b) Within 30 days after service of the notice of claim by a claimant required in subsection (a) of this Code section, each contractor that has received the notice of claim shall serve on the claimant, and on any other contractor that has received the notice of claim, a written response to the claim or claims, which either: (1) Offers to settle the claim by monetary payment, the making of repairs, or a combination of both, without inspection; or (2) Proposes to inspect the dwelling or common area that is the subject of the claim. (c) If the contractor wholly rejects the claim and will neither remedy the alleged construction defect nor settle the claim or does not respond to the claimant's notice of claim within the time stated in subsection (b) of this Code section, the claimant may bring an action against the contractor for the claims described in the notice of claim without further notice except as otherwise provided under applicable law. A contractor that does not respond to a notice of claim within the time prescribed by subsection (b) of this Code section may not claim or assert that the absence of documents required to 4700 JOURNAL OF THE HOUSE be provided with the notice of claim under subsection (a) of this Code section relieved the contractor from the contractor's obligation to respond to the notice of claim. (d) If the claimant rejects the settlement offer made by the contractor, the claimant shall provide written notice of the claimant's rejection to the contractor and, if represented by legal counsel, his or her attorney. The notice shall include the reasons for the claimant's rejection of the contractor's proposal or offer. If the claimant believes that the settlement offer: (1) Omits reference to any portion of the claim; or (2) Was unreasonable in any manner, the claimant shall in his or her written notice include those items that claimant believes were omitted and set forth in detail all known reasons why the claimant believes the settlement offer is unreasonable. (e) If a proposal for inspection is made pursuant to paragraph (2) of subsection (b) of this Code section, the claimant shall, within 30 days of receiving the contractor's proposal, provide the contractor and its subcontractors, agents, experts, and consultants prompt and reasonable access to the dwelling or common area to inspect the dwelling or common area, document any alleged construction defects, and perform any destructive or nondestructive testing required to fully and completely evaluate the nature, extent, and cause of the claimed defects and the nature and extent of any repairs or replacements that may be necessary to remedy the alleged defects. If destructive testing is required, the contractor shall give claimant advance notice of such tests and shall, after completion of the testing, return the dwelling or common area to its pretesting condition. If any inspection or testing reveals a condition that requires additional testing to allow the contractor to fully and completely evaluate the nature, cause, and extent of the construction defect, the contractor shall provide notice to the claimant of the need for such additional testing and the claimant shall provide prompt and reasonable access as set forth in this Code section. If a claim is asserted on behalf of owners of multiple dwellings or multiple owners of units within a multifamily complex, the contractor shall be entitled to inspect each of the dwellings or units common areas which may be or appear to be affected by the alleged defect. The contractor shall commence and diligently pursue completion of all the desired inspections within the 30 day period after delivery of the contractor's written proposal. Inspection shall be completed within the same 30 day period if reasonable or within a reasonable period thereafter if completion is not reasonable within 30 days. (f) Within 14 days following completion of the inspection and testing set forth in this Code section, the contractor shall serve on the claimant: (1) A written offer to fully or partially remedy the construction defect at no cost to the claimant. Such offer shall include a description of any additional construction necessary to remedy the defect described in the claim and an anticipated timetable for the completion of such construction; (2) A written offer to settle the claim by monetary payment; (3) A written offer including a combination of repairs and monetary payment; or MONDAY, MARCH 27, 2006 4701 (4) A written statement that the contractor will not proceed further to remedy the defect, along with the reasons for such rejection. (g) If a claimant accepts a contractor's offer made pursuant to paragraph (1), (2), or (3) of subsection (f) of this Code section and the contractor does not proceed to make the monetary payment or remedy the construction defect or both within the agreed timetable, the claimant may bring an action against the contractor for the claim described in the notice of claim without further notice except as otherwise provided by applicable law. In such a situation, the claimant may also file the contractor's offer and claimant's acceptance, and such offer and acceptance will create a rebuttable presumption that a binding and valid settlement agreement has been created and should be enforced by the court or arbitrator. (h) If a claimant receives a written statement that the contractor will not proceed further to remedy the defect or if the contractor fails to serve the claimant with the required written offer or written statement within the time prescribed by subsection (f) of this Code section, the claimant may bring an action against the contractor for the claim described in the notice of claim without further notice except as otherwise provided by applicable law. The contractor's written statement shall include all known reasons for the rejection of the claim. (i) If the claimant rejects the offer made by the contractor to remedy the construction defect or to settle the claim by monetary payment or a combination of each, the claimant shall serve written notice of the claimant's rejection on the contractor. The notice shall include all known reasons for the claimant's rejection of the contractor's offer. (j) Upon receipt of a claimant's rejection and the reasons for such rejection, the contractor may, within 15 days of receiving the rejection, make a supplemental offer of repair or monetary payment or both to the claimant. (k) If the claimant rejects the supplemental offer made by the contractor to repair the construction defect or to settle the claim by monetary payment or a combination of each, the claimant shall serve written notice of the claimant's rejection on the contractor. The notice shall include all known reasons for the claimant's rejection of the contractor's supplemental settlement offer. (l) If a claimant rejects a reasonable offer, including any reasonable supplemental offer, made as provided by this part or does not permit the contractor to repair the construction defect pursuant to an accepted offer of settlement, the claimant may not recover an amount in excess of: (1) The fair market value of the offer of settlement or the actual cost of the repairs made; or (2) The amount of a monetary offer of settlement. For purposes of this subsection, the trier of fact shall determine the reasonableness of an offer of settlement made pursuant to this part. If the claimant has rejected a reasonable offer, including any reasonable supplemental offer, and any other law allows the claimant to recover costs and attorneys fees, then the claimant may recover no costs or attorneys fees incurred after the date of his or her rejection. 4702 JOURNAL OF THE HOUSE (m) Any claimant accepting the offer of the contractor to remedy a construction defect shall do so by serving the contractor with a written notice of acceptance within a reasonable period of time after receipt of the contractor's settlement offer but no later than 30 days after receipt of the offer. If no response is served upon the contractor within the 30 day period, then the offer shall be deemed accepted. (n) If a claimant accepts a contractor's offer to repair a construction defect described in a notice of claim, the claimant shall provide the contractor and its subcontractors, agents, experts, and consultants prompt and unfettered access to the dwelling or common area to perform and complete the construction by the timetable stated in the settlement offer. (o) If, during the pendency of the notice, inspection, offer, acceptance, or repair process, an applicable limitations period would otherwise expire, the claimant may file an action against the contractor, but such action shall be immediately stayed until completion of the notice of claim process described in this part. This subsection shall not be construed to: (1) Revive a statute of limitations period that has expired prior to the date on which a claimant's written notice of claim is served; or (2) Extend any applicable statute of repose. (p) After the sending of the initial notice of claim, a claimant and a contractor may, by written mutual agreement, alter the procedure for the notice of claim process described in this part. 8-2-39. (a) A construction defect that is discovered after a claimant has provided a contractor with the initial claim notice may not be alleged in an action until the claimant has given the contractor who performed the original construction: (1) Written notice of claim regarding the alleged defect as required by Code Section 8-2-38; and (2) An opportunity to resolve the notice of claim in the manner provided in Code Section 8-2-38. (b) A construction defect that is discovered during the pendency of an action filed in compliance with this part may be added as a supplemental or additional claim to the pending action if failure to add the claim would prejudice any legal rights of the claimant or the contractor; provided, however, that the claimant shall comply with the requirements of subsection (a) of this Code section, and such action shall be immediately stayed until completion of the notice of claim process, unless otherwise agreed by the parties. 8-2-40. (a) If a claimant accepts an offer made in compliance with this part and the contractor fulfills the offer in compliance with this part: (1) The claimant shall thereafter be barred from bringing an action for the claim described in the notice of claim; and MONDAY, MARCH 27, 2006 4703 (2) A contractor's performance of repairs or payment of money to a claimant made pursuant to this Code section shall not, by itself, create insurance coverage or otherwise affect the mutual rights and obligations of the parties under a contractor's liability insurance policy or, by itself, be considered a voluntary payment of an otherwise valid insured loss. (b) An insurer paying a claim under this part shall be subrogated to the rights of the claimant to whom the amounts were paid against the person causing the construction defect, damages, or other reason for payment to the extent that claim payments were made, except that the insurer shall be required to pay any applicable part of costs, expenses, and attorney's attorneys fees incurred in connection therewith. 8-2-41. (a) Upon entering into a contract for sale, construction, or improvement of a dwelling, the contractor shall provide notice to the owner of the dwelling of the contractor's right to resolve alleged construction defects before a claimant may commence litigation against the contractor. Such notice shall be conspicuous and may be included as part of the contract. (b) The notice required by subsection (a) of this Code section shall be in substantially the following form: GEORGIA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO CONSTRUCTED, IMPROVED, OR REPAIRED YOUR HOME. NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS OR BOTH. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY A CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR OTHER ACTION. 8-2-42. (a) A person shall not provide or offer to provide anything of value, directly or indirectly, to a property manager of an association or to a member or officer of an association to induce the property manager, member, or officer to encourage or discourage the association to file a claim for damages arising from a construction defect. As used in this Code section, the term 'anything of value' shall not include payments, services, or other items of value which the recipient would otherwise be entitled to receive under an existing contract. (b) A property manager retained by a homeowner's an association shall not accept anything of value, directly or indirectly, in exchange for encouraging or discouraging 4704 JOURNAL OF THE HOUSE the association that he or she manages to file a claim for damages arising from a construction defect. (c) A member or officer of an association shall not accept anything of value, directly or indirectly, in exchange for encouraging or discouraging the association of which he or she is a member or officer to file a claim for damages arising from a construction defect. (d) A person who knowingly violates subsection (a), (b), or (c) of this Code section shall be guilty of a misdemeanor. (e) An association may bring an action against a contractor to recover damages resulting from construction defects in any of the common elements or limited common elements area of the a common interest community only. Such action may be maintained only after, provided that: (1) The association first obtains the written approval of each unit's owner whose interest in the common elements or limited common elements will be the subject of the action; (2) A vote of the units owners to which at least a majority of the votes of the members of the association are allocated; The members of the association have voted to approve commencement of an action by two-thirds of the votes cast, by statutory written ballot as provided in Code Section 14-3-708 or have approved commencement of an action by the affirmative vote of at least two-thirds of the total membership at a meeting of the members at which a quorum is present; (3)(2) The full board of directors of the association and the contractor have met in person and conferred in a good faith attempt to resolve the association's claim, or the contractor has definitively declined or ignored the requests to meet with the board of directors of the association; and (4)(3) The association has otherwise satisfied all of the preaction requirements for a claimant to commence an action as set forth in this part. (f) At least three business days in advance of any vote to commence an action by an association to recover damages resulting from construction defects in any of the common elements or limited common elements of the common interest community, the attorney representing the association shall provide to each unit's owner a written statement that includes, in reasonable detail: the meeting at which the association members vote or at the time a statutory written ballot is circulated to the members to obtain approval of an action to recover damages resulting from construction defects in the common area of a common interest community, the association shall provide each owner a copy of the notice of claim provided to the contractor and an additional written description of claims and the reasons the board of the association is recommending consideration of the litigation. (1) The defects and damages or injuries to the common elements or limited common elements; (2) The cause of the defects, if the cause is known; (3) The nature and the extent that is known of the damage or injury resulting from the defects; MONDAY, MARCH 27, 2006 4705 (4) The location of each defect within the common elements or limited common elements, if known; (5) A reasonable estimate of the cost of the action or mediation, including reasonable attorneys fees and costs, expert fees, and the costs of testing; and (6) All disclosures that the unit owner is required to make upon the sale of the unit. (g) An association or an attorney for an association shall not employ a person to perform destructive tests to determine any damage or injury to a unit, common element, or limited common element dwelling or common area caused by a construction defect unless: (1) The person is licensed as a contractor pursuant to law; (2) The association has obtained the prior written approval of each unit's owner whose unit or interest in the common element or limited common element dwelling will be directly affected by such testing; (3) The person performing the tests has provided a written schedule for repairs; (4) The person performing the tests is required to repair all damage resulting from such tests in accordance with state laws and local ordinances relating thereto; (5)(3) The association or the person so employed obtains all permits required to conduct such tests and to repair any damage resulting from such tests; and (6)(4) Reasonable prior notice and opportunity to observe the tests is given to the contractor against whom an action may be brought as a result of the tests. (h) An association may commence an action only upon a vote or written agreement of the owners of the units to which at least a majority of the votes of the members of the association are allocated. In such a case, the association shall provide written notice to the owner of each unit of the meeting at which the commencement of an action is to be considered or action is to be taken at least 21 calendar days before the meeting. (i) The board of directors of an association may, without giving notice to the units owners, employ a contractor and such other persons as are necessary to make such immediate repairs to a unit or common element common area within the common interest community as are required to protect the health, safety, and welfare of the units owners. 8-2-43. (a) Nothing in this part shall create any cause of action on behalf of any claimant or contractor. (b) This part does not apply to a contractor's right to seek contribution, indemnity, or recovery against a subcontractor, supplier, or design professional for any claim made against a contractor by a claimant. (c) In the event of any conflict or inconsistency between the provisions of this part and the provisions of any contract between a claimant and a contractor, the provisions of the contract shall govern and control. (d) This part shall not apply to a contractor who is not required to be licensed under Chapter 41 of Title 43." 4706 JOURNAL OF THE HOUSE SECTION 2. Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, is amended by striking Code Section 44-3-112, relating to escrow of deposits made or other payments made prior to closing on a condominium unit, and inserting in lieu thereof the following: "44-3-112. (a) Any deposit or other payment made prior to closing with respect to the first bona fide sale of each residential condominium unit for residential occupancy by the buyer, any member of the buyer's family, or any employee of the buyer shall be held in escrow until it is delivered at closing, delivered to the seller in accordance with subsection (b) of this Code section, or delivered to the person or persons entitled thereto upon breach of the contract for the sale. Such escrow funds shall be deposited in a separate account designated for this purpose; provided, however, that, in the event any such deposit is held by a real estate broker licensed under the laws of this state, such funds may be placed in such broker's escrow account instead of a separately designated account. (b) If the contract for sale of the condominium unit so provides and the purchase price of the condominium unit is not less than $150,000.00, the seller may withdraw escrow funds in excess of 1 percent of the purchase price from the escrow account required by subsection (a) of this Code section when the construction of improvements has commenced. The seller shall only use the funds in the actual construction and development of the condominium property in which the unit to be sold is located. However, no part of these funds may be used for salaries, commissions, expenses of real estate licensees, or advertising purposes. A contract which permits use of the advance payments for these purposes shall be initialed by the buyer and include the following caveat in boldfaced type or capital letters no smaller than the largest type on the first page of the contract: ANY PAYMENT IN EXCESS OF 1 PERCENT OF THE PURCHASE PRICE MADE TO THE SELLER PRIOR TO CLOSING PURSUANT TO THIS CONTRACT MAY BE USED FOR CONSTRUCTION PURPOSES BY THE SELLER." SECTION 3. (a) This section and Sections 1 and 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 2 of this Act shall become effective on July 1, 2006. (c) This Act shall only apply with respect to causes of actions or claims arising on or after the effective date of this Act, and any prior causes of action or claims shall continue to be governed by prior law. 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. MONDAY, MARCH 27, 2006 4707 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 Beasley-Teague E 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 Y Burmeister 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 Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Forster Y Franklin Freeman Y Gardner Y Geisinger Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard, E 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 Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar Y Mills Mitchell E 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 Y Sailor Y Scheid Y Scott, A Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R 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. Representatives Forster of the 3rd and Scott of the 2nd 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. 4708 JOURNAL OF THE HOUSE The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the House: HB 276. By Representatives Rice of the 51st, Dollar of the 45th, Powell of the 29th, Murphy of the 23rd and Parham of the 141st: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for licensing of ignition interlock device provider centers; to provide a short title; to provide for definitions; to provide for certain requirements for operators of provider centers; to provide for a misdemeanor offense; to provide for rules and standards to be set by the commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 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. HB 1099. By Representatives Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to authorize the City of Alpharetta 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 related matters; 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 1303. By Representatives Johnson of the 37th, Ehrhart of the 36th, Manning of the 32nd, Parsons of the 42nd, 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 MONDAY, MARCH 27, 2006 4709 9, 1949 (Ga. L. 1949, p. 427), as amended, 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 1341. By Representatives Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to amend an Act to provide for an additional $10,000.00 homestead exemption from certain City of Alpharetta ad valorem taxes for municipal purposes, approved April 23, 1999 (Ga. L. 1999, p. 4836), as amended, so as to increase the exemption amount; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. HB 1559. By Representatives Burns of the 157th and Carter of the 159th: A BILL to be entitled an Act to provide a new charter for the City of Guyton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal an Act incorporating the City of Guyton in the County of Effingham, approved April 12, 1982 (Ga. L. 1982, p. 3806); to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1591. By Representatives Hill of the 21st, Byrd of the 20th and Murphy of the 23rd: A BILL to be entitled an Act to authorize the City of Ball Ground 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 1597. By Representatives Anderson of the 123rd, Lord of the 142nd and Burns of the 157th: 4710 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend an Act providing for the election of the members of the board of education of Burke County, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, particularly by an Act approved April 6, 1996 (Ga. L. 1996, p. 3944), so as to change certain provisions regarding the compensation and expense allowance of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1621. By Representative Burns of the 157th: A BILL to be entitled an Act to amend an Act creating a new board of education of Jenkins County, approved April 3, 1968 (Ga. L. 1968, p. 2965), 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 provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1622. By Representative Burns of the 157th: A BILL to be entitled an Act to amend an Act providing for the election of the members of the board of education of Screven County, approved April 1, 2002 (Ga. L. 2002, p. 3659), so as to so as to change certain provisions regarding the compensation of the members of such board; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1628. By Representatives Brown of the 69th and Smith of the 129th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, so as to provide for meetings of said board; to provide certain changes relating to the manner competitive bids are taken; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1633. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to provide a homestead exemption from Bryan County ad valorem taxes for county purposes in the amount of $50,000.00 of the assessed value of the 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. MONDAY, MARCH 27, 2006 4711 HB 1634. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to provide a homestead exemption from Bryan County ad valorem taxes for county purposes in the amount of $30,000.00 of the assessed value of the homestead for residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 1371. By Representatives Graves of the 137th, Carter of the 159th, Harbin of the 118th, Stephens of the 164th and Parrish of the 156th: 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 Pharmacy Audit Bill of Rights"; to provide for a short title; to set out a list of rights of pharmacies undergoing audits; to provide for an appeal process; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 636. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in such code or other laws of the state, so as to define the term biodiesel fuel; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, so as to prohibit the production, offering for sale, or sale of biodiesel fuel for certain purposes unless such fuel meets certain standards; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 4712 JOURNAL OF THE HOUSE SECTION 1. Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, is amended by adding a new Code section to read as follows: "10-1-151.1. It shall be unlawful for any person to produce, offer for sale, or sell any biodiesel fuel to be used in blending such biodiesel fuel with petroleum diesel fuel to create a blended fuel for subsequent sale for use in diesel engines unless the biodiesel fuel meets the specifications of American Society for Testing and Materials Standard D 6751." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representatives Chambers of the 81st, Ehrhart of the 36th, and Willard of the 49th move to amend the Committee substitute to SB 636 by striking line 4 of page 1 and inserting in lieu thereof the following: standards; to prohibit certain acts relating to gasoline containing methyl tertiary-butyl ether; to provide effective dates; to repeal conflicting laws; and for other purposes. By redesignating Section 2 as Section 4 and inserting after Section 1 the following: SECTION 2. Said part is further amended by adding a new Code section to read as follows: 10-1-151.2. (a) As used in this Code section, the term 'MTBE' means methyl tertiary-butyl ether. (b) It shall be unlawful to knowingly manufacture, blend, or store for distribution in this state any gasoline containing MTBE. (c) It shall be unlawful to knowingly distribute, sell, or expose or offer for sale in this state any gasoline containing more than one-half of 1 percent MTBE by volume. (d) This Code section shall not prohibit the transport through this state of gasoline containing MTBE for delivery outside this state. SECTION 3. This Act shall become effective on July 1, 2006; except that Section 2 of this Act shall become effective on January 1, 2008. On the adoption of the amendment, the roll call was ordered and the vote was as follows: MONDAY, MARCH 27, 2006 4713 Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague E Benfield Y Benton N Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas N Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox N Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart N England Y Epps Y Everson Y Fleming N Floyd, H N Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs N James Y Jamieson N 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 N Maddox Y Mangham N Manning Y Marin Y Martin Y Maxwell Y May N McCall McClinton Y Meadows Millar Y Mills Mitchell E Morgan Y 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 Parsons Y Porter Y Powell Y Ralston Y Randall N Ray N Reece, B Y Reece, S N Reese Y Rice N Roberts N Rogers N Royal N Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon N Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R N Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the amendment, the ayes were 143, nays 24. The amendment was adopted. Representative Cheokas of the 134th stated that he had inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: 4714 JOURNAL OF THE HOUSE Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden 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 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 Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Mitchell E 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 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 165, 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 Senate's insistence on its position in substituting the same: HB 194. By Representatives Martin of the 47th, Burkhalter of the 50th, Amerson of the 9th, Royal of the 171st, Ashe of the 56th and others: MONDAY, MARCH 27, 2006 4715 A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Representative Martin of the 47th moved that the House insist on its position in disagreeing to the Senate substitute to HB 194 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, Smith of the 113th, and Martin of the 47th. 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 529. By Senators Rogers of the 21st, Hamrick of the 30th, Douglas of the 17th, Schaefer of the 50th, Seabaugh of the 28th and others: A BILL to be entitled an Act to amend Title 13 of the O.C.G.A., relating to contracts, Title 16 of the O.C.G.A., relating to crimes and offenses, Title 34 of the O.C.G.A., relating to labor, Title 35 of the O.C.G.A., relating to law enforcement, and Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for procedures and requirements applicable to certain contracts or subcontracts; to prohibit certain retaliation; to provide for enforcement, penalties, and exceptions; to provide for offenses regarding involuntary servitude, trafficking of persons for forced labor or services, and sexual servitude of a minor; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. Representative Lunsford of the 110th moved that the House adhere to its position in insisting on its substitute to SB 529 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. 4716 JOURNAL OF THE HOUSE The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Lunsford of the 110th, Graves of the 137th, and Morris of the 155th. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 304. By Representatives Burmeister of the 119th, Yates of the 73rd, Shaw of the 176th, Cummings of the 16th and Rice of the 51st: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to change the provisions relating to the imposition and determination of the amount of certain regulatory fees by local governments; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker announced the House in recess until 2:00 o'clock, this afternoon. MONDAY, MARCH 27, 2006 4717 AFTERNOON SESSION The Speaker Pro Tem called the House to order. 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 1657 Do Pass HB 1658 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 168th Chairman The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House: HB 1390. By Representative Ehrhart of the 36th: 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 change certain provisions relating to creation of the State Board of Optometry, its composition, and qualifications of its members; to change certain provisions relating to the terms of office of board members; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Resolutions of the House were read: HR 2042. By Representatives Shaw of the 176th, Borders of the 175th and Black of the 174th: A RESOLUTION recognizing April 10, 2006, as "Hugh C. Bailey Science Center Day" in Georgia; and for other purposes. 4718 JOURNAL OF THE HOUSE HR 2043. By Representatives Wilkinson of the 52nd, Lindsey of the 54th, Geisinger of the 48th and Millar of the 79th: A RESOLUTION remembering and honoring the life of Mr. Whit E. Sweetin; and for other purposes. HR 2044. By Representative Everson of the 106th: A RESOLUTION commending the Brookwood High School Broncos football team; and for other purposes. HR 2045. By Representatives Day of the 163rd, Neal of the 1st, Horne of the 71st, Cox of the 102nd, Gardner of the 57th and others: A RESOLUTION recognizing and commending Riean Norman; and for other purposes. HR 2046. By Representative Powell of the 29th: A RESOLUTION commending Mr. Clyde Nelson Fitzpatrick; and for other purposes. HR 2047. By Representatives Cheokas of the 134th, Hanner of the 148th, Shaw of the 176th, Ehrhart of the 36th, Hembree of the 67th and others: A RESOLUTION commending Marcus Andrew Vonier on his performance as an intern for House Photography and congratulating him on graduating from North Georgia Technical College; and for other purposes. HR 2048. By Representatives Martin of the 47th, Burkhalter of the 50th and Geisinger of the 48th: A RESOLUTION recognizing Webb Bridge Middle School for being named a Lighthouse School to Watch; and for other purposes. HR 2049. By Representatives Murphy of the 120th, Porter of the 143rd, Burkhalter of the 50th, Howard, E. of the 121st, Burmeister of the 119th and others: A RESOLUTION commending Mr. Jack Connell on the occasion of his being named an honorary lifetime member of the Augusta Richmond County Committee for Good Government; and for other purposes. MONDAY, MARCH 27, 2006 4719 HR 2050. By Representatives Parrish of the 156th, Channell of the 116th and Stephens of the 164th: 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 2051. By Representatives Martin of the 47th, Burkhalter of the 50th and Jones of the 46th: A RESOLUTION commending and recognizing Robert "Ray" Hamilton for his contributions to education in Fulton County; and for other purposes. HR 2052. By Representatives Burkhalter of the 50th and Martin of the 47th: A RESOLUTION commending the Northview High School girls volleyball team; and for other purposes. HR 2053. By Representatives Martin of the 47th, Burkhalter of the 50th and Jones of the 46th: A RESOLUTION recognizing and commending Coach Glenn Michael Stephens on the occasion of his retirement; and for other purposes. HR 2054. By Representative Brooks of the 63rd: A RESOLUTION commending Ms. Eloise Johnson Tarver Hudson; and for other purposes. HR 2055. By Representative Stanley-Turner of the 53rd: A RESOLUTION recognizing Reverend Lamont Anthony Wells on the occasion of his third Pastoral Anniversary; and for other purposes. HR 2056. By Representatives Graves of the 137th, Coleman of the 97th, Lunsford of the 110th, Ehrhart of the 36th and Fleming of the 117th: A RESOLUTION congratulating Mr. and Mrs. Don Brady on the occasion of their 50th wedding anniversary; and for other purposes. HR 2057. By Representative Fleming of the 117th: A RESOLUTION remembering and honoring the life of Mrs. Marjorie E. Adams; and for other purposes. 4720 JOURNAL OF THE HOUSE HR 2058. By Representative Mosby of the 90th: A RESOLUTION honoring Leatrice Winfrey; and for other purposes. HR 2059. By Representative Tumlin of the 38th: A RESOLUTION to recognize and congratulate Kelly Cornett Homlar on her graduation from medical school; and for other purposes. HR 2060. By Representative Davis of the 109th: A RESOLUTION expressing regret at the passing of Norm Cox; and for other purposes. HR 2061. By Representative Cox of the 102nd: A RESOLUTION commending the Parkview High School Literary Team; and for other purposes. HR 2062. By Representative Cox of the 102nd: A RESOLUTION commending Reverend Doctor Richard Benjamin Haynes; and for other purposes. HR 2063. By Representative Cox of the 102nd: A RESOLUTION commending the Parkview High School Concert Band; and for other purposes. HR 2064. By Representative Ray of the 136th: A RESOLUTION commemorating the 50th anniversary of the Museum of Arts and Sciences; and for other purposes. HR 2065. By Representatives Dickson of the 6th and Williams of the 4th: A RESOLUTION recognizing and commending Margaret Zeisig on 20 years of service with the United Way of Northwest Georgia; and for other purposes. HR 2066. By Representatives Lucas of the 139th, Randall of the 138th, Graves of the 137th, Freeman of the 140th, Ray of the 136th and others: MONDAY, MARCH 27, 2006 4721 A RESOLUTION recognizing the efforts of the Georgia Sports Hall of Fame; and for other purposes. HR 2067. By Representatives Watson of the 91st, Mosby of the 90th, Stephenson of the 92nd and Mangham of the 94th: A RESOLUTION commending Doris K. Wells; and for other purposes. On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague E Benfield Y Benton Y Black Bordeaux 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 E Chambers Channell Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Day Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Ehrhart Y England E Epps Y Everson Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Holmes Y Holt Y Horne Y Houston Howard, E Y Hudson Hugley Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Johnson Jones, J Y Jones, S Jordan Keen Y Keown Y Kidd Knight Y Knox Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Mangham Y Manning Marin Martin Y Maxwell Y May McCall McClinton Y Meadows Millar Mills Y Mitchell E Morgan Y Morris Mosby Y Mosley Y Mumford Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Parrish Y Parsons Y Porter Powell Y Ralston Randall Ray Y Reece, B Y Reece, S Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Sims, C Y Sims, F Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Stephens E 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 Y Wix Y Yates Richardson, Speaker On the adoption of the Resolutions, the ayes were 119, nays 0. 4722 JOURNAL OF THE HOUSE The Resolutions were adopted. 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. 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 442. By Senators Moody of the 56th, Carter of the 13th, Meyer von Bremen of the 12th, Kemp of the 46th, Weber of the 40th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationship generally, so as to change certain provisions relating to reporting of child abuse; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague E 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 Y Burmeister Burns Butler Y Byrd Y Carter Y Casas Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Ehrhart Y England E Epps Y Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Y Hudson Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Johnson Jones, J Y Jones, S Jordan Y Keen Y Keown Y Kidd Knight Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Martin Y Maxwell Y May McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell E 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 Randall Sailor Y Scheid Y Scott, A Y Scott, M Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Stephens E Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren MONDAY, MARCH 27, 2006 4723 E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Mangham Y Manning Marin Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y 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 passage of the Bill, the ayes were 139, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 525. By Senator Williams of the 19th: A BILL to be entitled an Act to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change certain provisions regarding the issuance of tax executions by tax collectors and tax commissioners; to provide for a definition; to provide for procedures; 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 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change certain provisions regarding the issuance of tax executions by tax collectors and tax commissioners; to provide for a definition; to provide for procedures; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, is amended by striking Code Section 48-3-3, relating to executions by tax collectors and tax commissioners, and inserting in its place a new Code Section 48-3-3 to read as follows: "48-3-3. (a) As used in this section, the term: (1) 'New owner' means the most recent subsequent owner who has purchased such property during the year after January 1, but on or after the due date of that tax bill 4724 JOURNAL OF THE HOUSE year and whose deed has been duly recorded in the records of the clerk of the superior court for that county. (2) 'Owner of record' means the owner whose name appears in the deed record as the owner as of January 1 of that tax bill year. (a)(b) The tax collector or tax commissioner shall issue executions for nonpayment of taxes collectable by him the tax collector or tax commissioner at any time after 30 days have elapsed since giving notice as provided in subsection (b)(c) of this Code section. The executions shall be directed to all and singular sheriffs and constables of the state. (b)(c) As soon as the last day for the payment of taxes has arrived, the tax collector or tax commissioner shall notify in writing the taxpayer of the fact that the taxes have not been paid and that, unless paid, an execution shall be issued; provided, however, that notice shall not be required for taxes due on personal property and executions may be issued on the day next following the day when taxes are due. (c)(d) 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, within 90 days from the due date, 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 new record owner of the property on the date that taxes became delinquent only after such new owner has been sent a notice of the delinquent tax bill and that the tax collector or tax commissioner intends to issue a tax execution in the new owner's name against such delinquent property if the bill and all applicable interest and other charges are not paid within 30 days of the date of the notice. Such notice shall be mailed first class to the address of record as shown on the real estate transfer tax declaration form in the records of the clerk of the superior court and to the address shown on the closing documents if presented or to the property location if the address differs from that shown on the real estate transfer tax declaration form. If an execution has already been issued against the owner of record, 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. (e) Whenever technologically feasible, the tax collector or tax commissioner, at the time tax bills or any subsequent delinquent notices are mailed, shall also mail such bills or notices to any new owner that at that time appear in the records of the county board of assessors. The bills or notices shall be mailed to the address of record as found in the county board of assessors records. (f) The real estate transfer tax declaration form shall provide for and indicate the correct tax map parcel identification number before being accepted by the clerk of the superior court for recordation." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. MONDAY, MARCH 27, 2006 4725 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 E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague E 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 Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Ehrhart Y England E Epps Y Everson 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 E Heard, K Y Heckstall Y Hembree Y Henson Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Y Hudson Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings 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 Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Maddox Mangham Y Manning Marin Martin Y Maxwell Y May McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell E 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 Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scheid Y Scott, A Y Scott, M Setzler 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 Smyre Y Stanley-Turner Y Stephens E 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 141, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 4726 JOURNAL OF THE HOUSE 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 McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report: Mr. Speaker: Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 96 Do Pass, by Substitute Respectfully submitted, /s/ McCall of the 30th Chairman Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 216 Do Pass Respectfully submitted, /s/ Willard of the 49th Chairman Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time: SB 562. By Senators Weber of the 40th and Williams of the 19th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Higher Education Facilities Authority as a body corporate and politic, an MONDAY, MARCH 27, 2006 4727 instrumentality of the state, and a public corporation; to provide a short title; to define terms; to provide for the members of the authority and their appointment, service, and compensation; to provide for the powers, duties, and operations of the authority; to provide for tax-exempt status of the authority; to provide for other related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Higher Education Facilities Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide a short title; to define terms; to provide for the members of the authority and their appointment, service, and compensation; to provide for the powers, duties, and operations of the authority; to provide for tax-exempt status of the authority; to provide for legislative oversight; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding at the end a new chapter to read as follows: "CHAPTER 16 20-16-1. This chapter shall be known and may be cited as the 'Georgia Higher Education Facilities Authority Act.' 20-16-2. (a) As used in this chapter, the term: (1) 'Authority' means the Georgia Higher Education Facilities Authority. (2) 'Board of regents' means the Board of Regents of the University System of Georgia. (3) 'Board of technical and adult education' means the State Board of Technical and Adult Education. (4) 'Bonds' or 'revenue bonds' means any bonds issued by the authority under this chapter, including refunding bonds. (5) 'Construction' means construction, renovation, improvement, rehabilitation, or restoration. 4728 JOURNAL OF THE HOUSE (6) 'Cost of the project' means the cost of construction; the cost of all lands, real properties, personal properties, fixtures, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; cost of engineering; architectural, and legal expenses; cost of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expense; and such other expenses as may be necessary or incident to the financing authorized in this chapter, the construction of any project, or the placing of it in operation and 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 the proceeds of revenue bonds issued under this chapter for such project. (7) 'Project' means facilities of every kind, type, and character deemed by the authority necessary or convenient for the efficient operation of any unit. (8) 'Unit' means any institution, school, academy, university, or experiment station at any particular location which forms a part of the university system or is under the control of the board of technical and adult education. (9) 'University system' means the University System of Georgia. (b) Any project or combination of projects shall be deemed 'self-liquidating,' if, in the judgment of the authority, the revenues, rents, or earnings to be derived by the authority therefrom will be sufficient to pay the cost of maintaining, repairing, and operating the project and to pay the principal of and interest on revenue bonds which may be issued for the cost of such project, projects, or combination of projects. 20-16-3. (a) There is created a body corporate and politic to be known as the Georgia Higher Education Facilities Authority, which shall be deemed to be an instrumentality of this state and a public corporation; and by that name, style, and title such body may contract and be contracted with, bring and defend actions, and implead and be impleaded. The authority shall consist of five members, as follows: three appointees of the Governor, one appointee of the Speaker of the House of Representatives who is a member of the board of technical and adult education, and one appointee of the President Pro Tempore of the Senate who is a member of the board of regents. The initial term of office of the Governor's appointees shall end on June 30, 2007. The initial term of office of the Speaker of the House of Representative's appointee shall end on June 30, 2008. The initial term of office of the President Pro Tempore of the Senate's appointee shall end on June 30, 2009. After the expiration of these initial terms of office, the terms of office of all succeeding members shall be for three years. If, at the end of any term of office of any member, a successor thereto has not been appointed, the member whose term of office has expired shall continue to hold office until his or her successor is so appointed. MONDAY, MARCH 27, 2006 4729 (b) The authority shall elect one of its members as chairperson and another as vice chairperson and a secretary and treasurer, who need not necessarily be a member of the authority. The majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority, except as otherwise provided in this chapter. The members of the authority shall be entitled to and shall be reimbursed for their reasonable travel and expenses necessarily incurred in the performance of their duties and shall receive the same per diem as do members of the General Assembly. The authority may hire staff or may have staff assigned from within the university system or from the Department of Technical and Adult Education for the purposes of carrying out the duties and responsibilities contained in this chapter, with compensation paid from resources available to the authority or the board of regents or the board of technical and adult education, as such boards and the authority may agree. The authority shall make bylaws 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 chapter or impair the obligations of any contracts existing under this chapter. (c) The authority is assigned to the Georgia State Financing and Investment Commission for administrative purposes only as prescribed in Code Section 50-4-3. (d) No member of the authority shall transact any business, as such term is defined in Code Section 45-10-20, with the state, the University System of Georgia or any of its institutions, or the Department of Technical and Adult Education or any of its institutions. 20-16-4. The authority shall have power: (1) To have a seal and alter it 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, real property or estates for years, usufructs, or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use them so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of them in any manner it deems to the best advantage of the authority; and if the authority shall deem it expedient to construct or finance any project on lands which are a part of the campus, grounds, or other real estate holdings of a unit, the Governor and the board of regents, as may be applicable, are authorized to execute for and on behalf of the state a lease for the term of the financing, such lease to terminate when the bonds for the project are retired, upon such lands to the authority or to an entity borrowing funds from the authority for such parcel or parcels as shall be needed for a period not to exceed 50 years, provided that such lands shall remain subject to the police power jurisdiction of 4730 JOURNAL OF THE HOUSE the board of regents or the board of technical and adult education, as may be applicable; (4) To appoint an executive director who shall be the executive officer and administrative head of the authority. The executive director shall be appointed by and shall serve at the pleasure of the members of the authority. The executive director shall hire officers, agents, and employees, prescribe their duties and qualifications and fix their compensation, and perform such other duties as may be prescribed by the members of this authority. Such officers, agents, and employees shall serve at the pleasure of the executive director; (5) To make and execute contracts, leases, rental agreements, and other instruments necessary or convenient to exercise the powers of the authority, including contracts for construction of projects and leases of projects or contracts with respect to the use or operation of projects which the authority causes to be erected or acquired; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects to be located on property owned by or leased by the authority; (7) To extend credit or make loans to any person, firm, corporation, limited liability company, or other type of entity for the planning, design, construction, acquisition, refinancing, or carrying out of any project, which credit or loans shall be secured by loan agreements, deeds to secure debt, security agreements, contracts, and all other instruments, fees, or charges, upon such terms and conditions as the authority shall determine reasonable in connection with such loans, including provision for the establishment and maintenance of reserves and insurance funds, and to require the inclusion in any contract, loan agreement, deed to secure debt, security agreement, or other instrument, of such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project as the authority may deem necessary or desirable; (8) To acquire, accept, or retain equitable interests, security interests, or other interests in any property, real or personal, by deed to secure debt, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer, with any such instrument terminating when the bonds for the project are retired, in order to secure the repayment of any moneys loaned or credit extended by the authority; (9) 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 impose; (10) 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 such bonds and for the rights of the holders thereof; (11) To borrow money for any of its corporate purposes, on either an unsecured or secured basis, and to execute loan agreements, promissory notes, and other contracts and instruments in connection therewith and to provide for the repayment of such loans and for the rights of the lenders thereof; MONDAY, MARCH 27, 2006 4731 (12) As security for repayment of its revenue bonds, loans, or notes, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of such authority, to the extent of its interest therein, 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 bonds, loans, or notes, either in payment of principal or interest or in the performance of any term or condition as are contained in such agreement or indenture. The state waives any right which it may have to prevent the forced sale or foreclosure of any property of the authority so mortgaged or encumbered, to the extent of the interest of the authority therein but not any interest of the state therein, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof; (13) To procure or to provide insurance against any loss in connection with its programs, property, and other assets. (14) To receive and administer gifts, grants, and devises of money and property of any kind from any source and to administer trusts; (15) 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 (16) To do all things necessary or convenient to carry out the powers expressly given in this chapter. 20-16-5. (a) Revenue bonds issued by the authority shall be paid solely from the property (including, but not limited to, real property, fixtures, personal property, revenues, or other funds) pledged, mortgaged conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds. No revenue bonds shall be issued by the authority under this chapter unless its members adopt a resolution finding that the project or combination of projects for which such bonds are to be issued will be selfliquidating. (b) All revenue bonds shall be authorized by resolution of the authority, adopted by a majority vote of the full membership of the authority at a regular or special meeting. (c) Revenue bonds shall bear such date or dates, shall mature at such time or times (not more than 40 years from their respective dates), shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from time to time), shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the authority authorizing the issuance of such revenue bonds shall bind the members of the authority then in office and their successors. (d) The authority shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds 4732 JOURNAL OF THE HOUSE to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this chapter. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) Any limitations with respect to interest rates or any maximum interest rate or rates found in the usury laws of this state or any other laws of this state shall not apply to revenue bonds of the authority. (f) The authority shall not have outstanding at any one time bonds and notes exceeding $300 million. 20-16-6. (a) Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36. (b) Bonds issued by the authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions, as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (c) Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of Fulton County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. 20-16-7. (a) Subject to the limitations and procedures provided by this Code section and by Code Section 20-16-6, the agreements or instruments executed by the authority may contain such provisions not inconsistent with law as shall be determined by the members of the authority. (b) The proceeds derived from the sale of all bonds issued by the authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this chapter, all or part of the cost of any project, or for the purpose of refunding any bonds or bond anticipation notes issued in accordance with this chapter. (c) Issuance by the authority of one or more series of bonds or bond anticipation notes for one or more projects shall not preclude it from issuing other bonds in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds are issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds on a parity with such prior issue. (d) The authority shall have the power and is authorized, whenever bonds of the authority shall have been validated as provided in this chapter, to issue from time to MONDAY, MARCH 27, 2006 4733 time its notes in anticipation of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether or not the notes to be renewed have matured. The authority may issue such bond anticipation notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. Such notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public sale or at private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority of any issue thereof; and the authority may include in any notes any terms, covenants, or conditions which the authority is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued. 20-16-8. The authority may sell its bonds in such manner and for such price as it may determine to be for the best interests of the authority. Whenever the authority shall determine to issue its bonds, it shall request the Georgia State Financing and Investment Commission to approve the bonds and carry out other services for the authority as provided by Article 2 of Chapter 17 of Title 50. 20-16-9. 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 chapter. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one unit or any number of units. Any resolution providing for the issuance of revenue bonds under this chapter shall become effective immediately upon its passage and need not be published or posted. Any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its full membership. 20-16-10. Revenue bonds issued under this chapter shall not be deemed to constitute a debt of the state or a pledge of the faith and credit of the state, but such bonds shall be payable solely from the property provided for in Code Section 20-16-5; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section. 20-16-11. 4734 JOURNAL OF THE HOUSE The bonds authorized in this chapter are made securities in which all public officers and public bodies of this state and all municipalities and all political subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and public bodies of this state and all municipalities and political subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is authorized. 20-16-12. The creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this state and is a public purpose, and the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter; and this state covenants with the holders of the bonds 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 any fees, rentals, or other charges for the use of such buildings or other income received by the authority, and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. 20-16-13. (a) The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Code Sections 45-15-13 through 45-15-16 shall be fully applicable. (b) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable books and records of all actions and transactions and shall submit such books together with a statement of the authority's financial position to an independent auditing firm selected by the authority on or about the close of the state's fiscal year for the purpose of obtaining an audit of the authority's finances. 20-16-14. Any action to protect or enforce any rights under this chapter shall be brought in the Superior Court of Fulton County; and any action pertaining to validation of any bonds issued under this chapter shall likewise be brought in such court, which shall have exclusive, original jurisdiction of such actions. MONDAY, MARCH 27, 2006 4735 20-16-15. All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. 20-16-16. This chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized by this chapter, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. 20-16-17. This chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect its purposes. 20-16-18. (a) There is created as a joint committee of the General Assembly the Georgia Higher Education Facilities Authority Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House, two of whom shall be members of the minority party, five members of the Senate appointed by the Senate Committee on Assignments, two of whom shall be members of the minority party, the chairperson of the House Committee on Higher Education or his or her designee, and the chairperson of the Senate Higher Education Committee or his or her designee. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The Senate Committee on Assignments shall appoint a cochairperson from the Senate members of the committee, and the Speaker of the House shall appoint a cochairperson from the House of Representatives members of the committee. The cochairpersons shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of cochairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Georgia Higher Education Facilities Authority, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in this chapter. (b) The state auditor, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties set forth in this Code section. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers, and consultants. (c) The Georgia Higher Education Facilities Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state 4736 JOURNAL OF THE HOUSE accounting officer, and other state agencies in order that the charges of the committee, set forth in this Code section, 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 Higher Education Facilities 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 Higher Education Facilities Authority, as set forth in this chapter. (d) In the discharge of its duties, the committee shall evaluate the performance of the Georgia Higher Education Facilities Authority consistent with the following criteria: (1) Prudent, legal, and accountable expenditure of public funds; (2) Efficient operation; and (3) Performance of its statutory responsibilities. (e)(1) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Such funds may be used for the purposes of compensating staff personnel; paying for services of independent accountants, engineers, and consultants; and paying all other necessary expenses incurred by the committee in performing its duties. (2) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (3) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and withdrawn: Representative Forster of the 3rd moves to amend the Committee substitute to SB 562 as follows: Page 2 line 35 change "2007" to "2009." Page 3 line 1 change "2009" to "2007." The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. MONDAY, MARCH 27, 2006 4737 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 Beasley-Teague E Benfield N Benton Y Black Y Bordeaux Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter N Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper N Cox Y Crawford Y Cummings Y Davis Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps N Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd N 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 Heard, J E Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt N Horne N Houston Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin N Martin Y Maxwell N May Y McCall McClinton N Meadows Y Millar Y Mills Y Mitchell E 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 N Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler 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 Stephens E 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 140, nays 14. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1658. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3940), so as 4738 JOURNAL OF THE HOUSE to change the number and the description of the council 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 eligibility and qualifications; to provide for the election of the mayor; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, so as to change the number and the description of the council districts; to provide that the board of elections and registration of Bacon County shall serve as the election superintendent for the City of Alma; 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 creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, is amended by inserting immediately following Section 6.01 a new section to read as follows: "SECTION 6.01A. Election superintendent. Any other provision of this Act to the contrary notwithstanding, the board of elections and registration of Bacon County shall serve as the election superintendent for the City of Alma." SECTION 2. It shall be the duty of the attorney of the City of Alma to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. MONDAY, MARCH 27, 2006 4739 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 Beasley-Teague E 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 Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Jordan Y Keen Y Keown Y Kidd Y Knight Knox Lakly Y Lane, B Y Lane, R Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell E 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 Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Y Stephens E 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 passage of the Bill, by substitute, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 1390. By Representative Ehrhart of the 36th: 4740 JOURNAL OF THE HOUSE 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 change certain provisions relating to creation of the State Board of Optometry, its composition, and qualifications of its members; to change certain provisions relating to the terms of office of board members; 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 1390 by striking "to provide for a standard of care;" on line 3 of page 1. By striking lines 17 through 23 of page 1 and inserting in its place the following: (ii) Oral antibiotics limited to tetracycline, doxycycline, cephalosporin, and dicloxacillin for use in treating ocular surface disease and lid disease only; provided, however, that a doctor of optometry shall not be authorized to treat systemic diseases. Representative Ehrhart of the 36th moved that the House disagree to the Senate amendment to HB 1390. The motion prevailed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 1322. By Senators Williams of the 19th, Brown of the 26th and Johnson of the 1st: A RESOLUTION relative to adjournment; 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 450. By Senators Kemp of the 46th, Wiles of the 37th, Seabaugh of the 28th, Mullis of the 53rd, Whitehead, Sr. of the 24th and others: A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts; Chapter 2 of Title 21 of the O.C.G.A., MONDAY, MARCH 27, 2006 4741 relating to primaries and elections generally; Chapter 5 of Title 36 of the O.C.G.A., relating to organization of county government; and Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to revise the pay structure for certain county officers and officials; to revise the minimum salary schedules of pay for sheriffs, tax commissioners, clerks of superior court, and judges of probate court; to provide for longevity pay increases for certain members of county governing authorities; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Title 15 of the Official Code of Georgia Annotated, relating to courts; Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally; Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government; and Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to revise the pay structure for certain county officers and officials; to revise the minimum salary schedules of pay for sheriffs, tax commissioners, clerks of superior court, and judges of probate court; to provide for longevity pay increases for certain members of county governing authorities; to provide for the recalculation of minimum salaries in any year in which the Department of Community Affairs publishes a census estimate for the county that is higher than the preceding decennial census; to provide for legislative intent; 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 15-6-88, relating to minimum annual salary schedule for clerks of superior court, and inserting in lieu thereof a new Code Section 15-6-88 to read as follows: "15-6-88. (a) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 in such year that is higher than the immediately preceding decennial census. Except as otherwise provided in subsection (b) of this Code section, 4742 JOURNAL OF THE HOUSE each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 ............................................................................... $26,433.73 29,832.20 6,000 - 11,889 ............................................................................... 36,300.86 40,967.92 11,890 - 19,999 ............................................................................... 41,121.55 46,408.38 20,000 - 28,999 ............................................................................... 44,057.42 49,721.70 29,000 - 38,999 ............................................................................... 46,993.29 53,035.03 39,000 - 49,999 ............................................................................... 49,932.80 56,352.46 50,000 - 74,999 ............................................................................... 52,871.09 63,164.60 75,000 - 99,999 ............................................................................... 54,338.42 67,800.09 100,000 - 149,999 ............................................................................. 55,806.96 72,434.13 150,000 - 199,999 ............................................................................. 57,275.49 77,344.56 200,000 - 249,999 ............................................................................. 58,744.04 84,458.82 250,000 - 299,999 ............................................................................. 81,238.19 91,682.66 300,000 - 399,999 ........................................................................... 89,678.05 101,207.60 400,000 - 499,999 ........................................................................... 93,319.06 105,316.72 500,000 or more.............................................................................. 96,960.07 109,425.84 (b) On and after July 1, 2001 2007, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the MONDAY, MARCH 27, 2006 4743 general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, in subsection (b) of Code Section 15-10-105, or the amounts derived through the application of longevity increases, as authorized by this subsection shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (c) This Code section shall not be construed to reduce the salary of any clerk of the superior court in office on July 1, 1991; provided, however, that successors to such clerks in office on July 1, 1991, shall be governed by the provisions of subsections (a) and (b) of this Code section. (d) The county governing authority may supplement the minimum annual salary of the clerk of the superior court in such amount as it may fix from time to time; but no clerk's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the clerk's salary in the manner authorized by this subsection is ratified and confirmed. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of the clerk." SECTION 2. Said title is further amended by striking Code Section 15-6-89, relating to additional remuneration for certain services for clerks of superior court, and inserting in lieu thereof a new Code Section 15-6-89 to read as follows: "15-6-89. In addition to the minimum salary provided in Code Section 15-6-88 or any other salary provided by any applicable general or local law, each clerk of the superior court of any county who also serves as clerk of a state court, city court, juvenile court, or civil court under any applicable general or local law of this state or who performs duties pursuant to paragraph (1) of subsection (a) of Code Section 15-12-1 shall receive for his or her services in such other court a salary of not less than $286.73 323.59 per month, to be paid from the funds of the county. In the event any such court for which a clerk of the superior court is serving as clerk is abolished, the clerk of the superior court shall not be entitled to any salary heretofore received for service in such court." 4744 JOURNAL OF THE HOUSE SECTION 3. Said title is further amended by striking Code Section 15-9-63, relating to schedule of minimum salaries of judges of the probate court, and inserting in lieu thereof a new Code Section 15-9-63 to read as follows: "15-9-63. (a)(1) Any other laws to the contrary notwithstanding, the minimum annual salary of each judge of the probate court in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 in such year that is higher than the immediately preceding decennial census. Each such judge of the probate court shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 .............................................................................. $ 24,893.57 29,832.20 6,000 - 11,889 ............................................................................... 32,869.82 40,967.92 11,890 - 19,999 ............................................................................... 36,512.04 46,408.38 20,000 - 28,999 ............................................................................... 40,336.31 49,721.70 29,000 - 38,999 ............................................................................... 44,625.42 53,035.03 39,000 - 49,999 ............................................................................... 47,069.75 56,352.46 50,000 - 74,999 ............................................................................... 50,654.92 63,164.60 75,000 - 99,999 ............................................................................... 55,796.04 67,800.09 100,000 - 149,999 ............................................................................. 60,938.35 72,434.13 150,000 - 199,999 ............................................................................. 67,887.82 77,344.56 200,000 - 249,999 ............................................................................. 74,837.29 84,458.82 250,000 - 299,999 ............................................................................. 78,202.80 91,682.66 300,000 - 399,999 ........................................................................... 81,569.52 101,207.60 400,000 - 499,999 ........................................................................... 82,210.53 105,316.72 500,000 or more.............................................................................. 88,851.53 109,425.84 (2) On and after July 1, 2001 2007, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance MONDAY, MARCH 27, 2006 4745 based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 159-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the judge of the probate court in such amount as it may fix from time to time; but no probate judge's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the probate judge's salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the probate judge. (b) In any county in which more than 70 percent of the population of the county according to the United States decennial census of 1990 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for purposes of subsection (a) of this Code section shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government." SECTION 4. Said title is further amended by striking subsections (a) and (b) of Code Section 15-963.1, relating to compensation of probate judges for services as magistrate or chief 4746 JOURNAL OF THE HOUSE magistrate, and inserting in lieu thereof new subsections (a) and (b) to read as follows: "(a) Beginning January 1, 2002, in any county in which the probate judge serves as chief magistrate or magistrate, he or she shall be compensated for such services based on a minimum annual amount of $10,316.20 11,642.54; provided, however, that compensation for a probate judge shall not be reduced during his or her term of office. (b) On and after July 1, 2001 2007, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amount provided in subsection (a) of this Code section shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amount provided in subsection (a) of this Code section shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if such increases received by state employees become effective on January 1, such periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective." SECTION 5. Said title is further amended by striking Code Section 15-9-64, relating to supplementation of minimum salaries of probate judges, and inserting in lieu thereof a new Code Section 15-9-64 to read as follows: "15-9-64. The amount of minimum salary provided in Code Section 15-9-63 for the judges of the probate courts of any county presently on a salary who also hold and conduct elections or are responsible for conducting elections for members of the General Assembly under any applicable general or local law of this state shall be increased by $286.73 323.59 per month. The amount of the minimum salary provided in Code Section 15-9-63 for the judges of the probate courts on a salary who are responsible for traffic cases under any general or local law of this state shall also be increased by $358.34 404.41 per month." SECTION 6. Said title is further amended by striking subsection (a) of Code Section 15-16-20, relating to minimum annual salaries for sheriffs, and inserting in lieu thereof a new subsection (a) to read as follows: MONDAY, MARCH 27, 2006 4747 "(a)(1) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 in such year that is higher than the immediately preceding decennial census. Except as otherwise provided in paragraph (2) of this subsection, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of the sheriff's county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 .............................................................................. $ 37,256.02 42,045.88 6,000 - 11,889 ............................................................................... 41,573.04 46,917.92 11,890 - 19,999 ............................................................................... 47,742.11 53,880.12 20,000 - 28,999 ............................................................................... 52,570.10 59,328.83 29,000 - 38,999 ............................................................................... 57,396.87 64,776.16 39,000 - 49,999 ............................................................................... 62,227.28 70,227.59 50,000 - 74,999 ............................................................................... 67,054.03 75,674.90 75,000 - 99,999 ............................................................................... 69,333.30 78,247.21 100,000 - 149,999 ............................................................................. 71,612.57 80,819.51 150,000 - 199,999 ............................................................................. 74,161.29 83,695.91 200,000 - 249,999 ............................................................................. 76,710.00 86,572.30 250,000 - 299,999 ............................................................................. 83,964.09 94,759.02 300,000 - 399,999 ........................................................................... 93,766.90 105,822.14 400,000 - 499,999 ........................................................................... 97,407.90 109,931.24 500,000 or more............................................................................ 101,048.91 114,040.36 (2) On and after July 1, 2001 2007, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 1516-20.1, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (b) of this Code section, where applicable, shall be increased by the same percentage or same amount 4748 JOURNAL OF THE HOUSE applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 1516-20.1, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the sheriff in such amount as it may fix from time to time; but no sheriff's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the sheriff's salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the sheriff." SECTION 7. Said title is further amended by striking Code Section 15-16-20.1, relating to additional salary for sheriffs, and inserting in lieu thereof a new Code Section 15-16-20.1 to read as follows: "15-16-20.1. In addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any county who performs the duties of a sheriff for a state court, probate court, magistrate court, juvenile court, or county recorder's court under any applicable general or local law of this state shall receive for his or her services in such court or courts a salary of not less than $286.73 323.59 per month, to be paid from the funds of the county. A sheriff who serves in more than one such court shall receive only one such salary." SECTION 8. MONDAY, MARCH 27, 2006 4749 Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by striking subsection (c) of Code Section 21-2-213, relating to county deputy registrars, clerical help, and appointment of county officer or employee as chief deputy registrar, and inserting in lieu thereof a new subsection (c) to read as follows: "(c) In every county wherein the registrars do not maintain an office which is open and staffed during regular business hours, the registrars shall designate and appoint as chief deputy registrar a full-time county officer or employee for the purpose of registering eligible electors and performing other duties as may be required by the board of registrars. The governing authority of the county shall provide for the compensation of the chief deputy registrar in an amount not less than $259.88 293.29 per month. The name, business address, telephone number, and any other pertinent information relative to the chief deputy registrar shall be forwarded by the registrars to the Secretary of State's office, where such information shall be maintained on file." SECTION 9. Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government, is amended by adding a new Code Section 36-5-29 to read as follows: "36-5-29. (a) Compensation to which a member of a county governing authority is entitled under general or local law, including amounts provided for in Code Sections 36-5-27 and 365-28 shall be increased by multiplying said amounts by the percentage which equals 2.5 percent times the number of completed, four-year terms of office served by such member of a county governing authority where such terms have been completed after December 31, 2004, effective the first day of January following the completion of each such period of service. (b) For a member of a county governing authority elected to two-year terms of office or six-year terms of office, the percentage increase provided for in subsection (a) of this Code section shall be 1.25 percent times the number of completed two-year terms or 3.75 percent times the number of completed six-year terms as applicable." SECTION 10. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking subsection (g) of Code Section 48-5-137, relating to tax collectors and tax commissioners as ex officio sheriffs, and inserting in lieu thereof a new subsection (g) to read as follows: "(g) Each tax collector or tax commissioner who is compensated on a salary basis and who is authorized to act as an ex officio sheriff under this Code section and whose office performs substantially all of the duties of the sheriff with respect to tax executions shall be entitled to a salary of $309.93 349.78 per month for his or her service as ex officio sheriff. Such compensation shall be in addition to any other compensation to which such tax commissioner or tax collector is entitled. Such 4750 JOURNAL OF THE HOUSE additional compensation shall not be paid to any tax commissioner who is compensated solely by the fee system of compensation; but such compensation shall be paid to any tax commissioner who is compensated in part by fees and in part by a salary. Such compensation shall be paid in equal monthly installments from county funds." SECTION 11. Said chapter is further amended by striking subsection (b) of Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners, and inserting in lieu thereof a new subsection (b) to read as follows: "(b)(1) Any other law to the contrary notwithstanding, except for the provisions of paragraph (2) of this subsection, the minimum annual salary of each tax collector and tax commissioner who is compensated by an annual salary shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 in such year that is higher than the immediately preceding decennial census. Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 .............................................................................. $ 26,336.77 29,832.20 6,000 - 11,889 ............................................................................... 32,909.17 40,967.92 11,890 - 19,999 ............................................................................... 37,100.42 46,408.38 20,000 - 28,999 ............................................................................... 39,509.07 49,721.70 29,000 - 38,999 ............................................................................... 42,795.28 53,035.03 39,000 - 49,999 ............................................................................... 47,723.93 56,352.46 50,000 - 74,999 ............................................................................... 55,968.90 63,164.60 75,000 - 99,999 ............................................................................... 60,076.32 67,800.09 100,000 - 149,999 ............................................................................. 64,182.45 72,434.13 150,000 - 199,999 ............................................................................. 68,533.49 77,344.56 200,000 - 249,999 ............................................................................. 72,884.53 84,458.82 250,000 - 299,999 ............................................................................. 78,602.96 91,682.66 300,000 - 399,999 ........................................................................... 84,321.40 101,207.60 MONDAY, MARCH 27, 2006 4751 400,000 - 499,999 ........................................................................... 88,250.70 105,316.72 500,000 or more.............................................................................. 92,179.99 109,425.84 (2) On and after July 1, 2001 2007, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 212-213, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (d) of this Code section, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 212-213, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application of longevity increases as authorized by this paragraph, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the tax commissioner in such amount as it may fix from time to time; but no tax commissioner's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the tax commissioner's salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the tax commissioner." 4752 JOURNAL OF THE HOUSE SECTION 12. It is the intent of the General Assembly that, for those county officials covered in this Act whose minimum salaries are increased by operation of law when the General Assembly authorizes a cost-of-living increase or general performance based increase for the employees in the classified service of the state merit system, such county officials shall not receive any such increase authorized by the General Assembly in the Fiscal Year 2007 Appropriations Act since such increase is covered in the minimum salary schedules under this Act. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representatives Crawford of the 127th and Hudson of the 124th move to amend the Committee substitute to SB 450 by striking "2.5" on line 28 of page 9 and inserting in its place the following: "5" and, by striking "1.25" on line 1 of page 10 and inserting in its place the following: "2.5" and, by striking "3.75" on line 1 of page 10 and inserting in its place the following: "7.5". 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 Barnard Y Barnes N Bearden Beasley-Teague E Benfield N Benton Y Black Y Bordeaux Borders N Bridges N Brooks N Brown Y Crawford Y Cummings N Davis N Day N Dean N Dickson Y Dodson Y Dollar Y Drenner Y Dukes N Ehrhart N England E Epps N Everson Y Fleming Y Floyd, H Y Hill, C.A N Holmes Y Holt N Horne N Houston Y Howard, E Y Hudson N Hugley N Jackson N Jacobs Y James Y Jamieson Y Jenkins N Jennings Y Johnson N Jones, J Martin N Maxwell N May Y McCall McClinton N Meadows N Millar E Mills N Mitchell E Morgan N Morris N Mosby Y Mosley Y Mumford Murphy, J N Murphy, Q N Sailor Y Scheid N Scott, A N Scott, M Setzler N Shaw N Sheldon Y Sims, C Y Sims, F N Sinkfield N Smith, B Smith, L N Smith, P N Smith, R Y Smith, T Y Smith, V MONDAY, MARCH 27, 2006 4753 N Bruce Y Bryant N Buckner, D Y Buckner, G Burkhalter Burmeister Y Burns Y Butler N Byrd N Carter N Casas E Chambers Y Channell Y Cheokas N Coan Y Cole N Coleman, B Y Coleman, T Cooper Cox Y Floyd, J N Fludd N Forster N Franklin Y Freeman Y Gardner N Geisinger Y Golick Y Graves, D N Graves, T Y Greene Hanner Y Harbin N Hatfield N Heard, J E Heard, K N Heckstall Y Hembree Y Henson Hill, C N Jones, S N Jordan Keen Y Keown Y Kidd Y Knight N Knox Y Lakly N Lane, B N Lane, R N Lewis N Lindsey Y Lord N Loudermilk N Lucas Lunsford Y Maddox N Mangham N Manning N Marin N Neal N Oliver Y O'Neal Y Orrock Y Parham Y Parrish Parsons Y Porter Powell Y Ralston N Randall N Ray Y Reece, B Y Reece, S N Reese N Rice Y Roberts Y Rogers Y Royal Y Rynders N Smyre N Stanley-Turner Y Stephens E Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin N Walker Y Warren Y Watson N Wilkinson N Willard Y Williams, A N Williams, E N Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the amendment, the ayes were 72, nays 81. The amendment was lost. The following amendment was read: Representatives Rogers of the 26th, Porter of the 143rd, and O'Neal of the 146th move to amend the Committee substitute to Senate Bill 450 by inserting between the semicolon and the word "and" on line 4 of page 1 the following: Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees; By inserting after "authorities;" on line 8 of page 1 the following: to increase the investigation fee for coroners; By inserting between lines 2 and 3 of page 10 the following: SECTION 10. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking subsection (b) of Code Section 45-16-27, relating to inquests and coroner's investigation fee, and inserting in its place a new subsection (b) to read as follows: (b) On and after July 1, 1999 2006, coroners shall be entitled to an investigation fee of $125.00 $250.00 where no jury is impaneled or a fee of $250.00 where a jury is 4754 JOURNAL OF THE HOUSE impaneled and shall be paid upon receipt of a monthly statement to the county treasury. A deputy coroner shall receive the same fee as the coroner for the performance of services in place of the coroner and shall be paid upon receipt of a monthly statement to the county treasury. Such fee shall be paid within ten days after receipt of the coroner's monthly statement by the county where the investigation or inquest is held except in counties where the coroner receives an annual salary, in which case no fee shall be imposed upon the county by such salaried coroner or deputy coroner. If a local Act provides for an investigation fee greater than $250.00, then the local Act shall control. By redesignating Sections 10 through 13 as Sections 11 through 14, respectively. The following amendment was read and adopted: Representatives Bordeaux of the 162nd, Rogers of the 26th, and Porter of the 143rd move to amend the Rogers amendment to SB 450 as follows: On page 1, lines 21 and 22 of the amendment (AM 38 0022) delete the underlined language and insert in lieu thereof the following: "A higher investigation fee for a coroner or deputy coroner may be provided by local legislation." The Rogers amendment, as amended, was adopted. The following amendment was read and adopted: Representative Rogers of the 26th et al. move to amend the Committee substitute to SB 450 by inserting after "clerks of superior court," on line 7 on page 1 "magistrates,". By redesignating Sections 6 through 13 as Sections 8 through 15, respectively, and by inserting after line 3 on page 7 the following: SECTION 6. Said title is further amended by striking paragraphs (2), (4), and (5) of subsection (a) and the entirety of subsection (c) of Code Section 15-10-23, relating to minimum compensation and annual salary of magistrates, and inserting in lieu thereof new paragraphs (2), (4), and (5) and a new subsection (c) to read as follows: (2) Unless otherwise provided by local law, effective January 1, 2002 2007, the chief magistrate of each county who serves in a full-time capacity other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 .............................................................................. $ 24,893.57 29,832.20 MONDAY, MARCH 27, 2006 4755 6,000 - 11,889 ............................................................................... 32,869.82 40,967.92 11,890 - 19,999 ............................................................................... 36,512.04 46,408.38 20,000 - 28,999 ............................................................................... 40,336.31 49,721.70 29,000 - 38,999 ............................................................................... 44,625.42 53,035.03 39,000 - 49,999 ............................................................................... 47,069.75 56,352.46 50,000 - 74,999 ............................................................................... 50,654.92 63,164.60 75,000 - 99,999 ............................................................................... 55,796.04 67,800.09 100,000 - 149,999 ............................................................................. 60,938.35 72,434.13 150,000 - 199,999 ............................................................................. 67,887.82 77,344.56 200,000 - 249,999 ............................................................................. 74,837.29 84,458.82 250,000 - 299,999 ............................................................................. 78,202.80 91,682.66 300,000 - 399,999 ........................................................................... 81,569.52 101,207.60 400,000 - 499,999 ........................................................................... 85,210.53 105,316.72 500,000 or more.............................................................................. 88,851.53 109,425.84 The minimum salary for each affected chief magistrate shall be fixed from the table in this subsection according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 1990 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 that is higher than the immediately preceding decennial census. Notwithstanding the provisions of this subsection, unless otherwise provided by local law, effective January 1, 1996, in any county in which more than 70 percent of the population according to the United States decennial census of 1990 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for purposes of this subsection shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government. (4) Unless otherwise provided by local law, each magistrate who serves in a fulltime capacity other than the chief magistrate shall receive a minimum monthly salary of $3,412.84 $3,851.46 per month or 90 percent of the monthly salary that a full-time chief magistrate would receive according to paragraph (2) of this subsection, whichever is less. (5) All magistrates other than chief magistrates who serve in less than a full-time capacity or on call shall receive a minimum monthly salary of the lesser of $19.69 $22.22 per hour for each hour worked as certified by the chief magistrate to the county governing authority or 90 percent of the monthly salary that a full-time chief magistrate would receive according to paragraph (2) of this subsection; provided, however, that notwithstanding any other provisions of this subsection, no magistrate who serves in less than a full-time capacity shall receive a minimum monthly salary of less than $525.08 $592.58. 4756 JOURNAL OF THE HOUSE (c) On and after July 1, 2001 2007, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, shall be increased by the same percentage or same amount applicable to such state employees. If the costof-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 1510-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. SECTION 7. Said title is further amended by striking subsections (b), (c), and (d) of Code Section 1510-105, relating to selection of clerk of magistrate court and compensation, and inserting in lieu thereof new subsections (b), (c), and (d) to read as follows: (b) With the consent of the clerk of superior court the county governing authority may provide that the clerk of superior court shall serve as clerk of magistrate court and shall be compensated for his or her services as clerk of magistrate court in an amount not less than $286.73 $323.59 per month. With the consent of the clerk of the superior court and clerk of the state court, the county governing authority may provide that the state court clerk shall serve as clerk of magistrate court and shall be compensated for his or her service as clerk of magistrate court in an amount not less than $286.73 $323.59 per month. Such compensation shall be retained by the clerk of superior court as his or her MONDAY, MARCH 27, 2006 4757 personal funds without regard to whether he or she is otherwise compensated on a fee basis or salary basis or both. (c) If the clerk of superior court or the clerk of state court does not serve as clerk of magistrate court, then the county governing authority may provide for the appointment by the chief magistrate of a clerk to serve at the pleasure of the chief magistrate. A clerk of magistrate court so appointed shall be compensated in an amount fixed by the county governing authority at not less than $286.73 $323.59 per month. (d) If there is no clerk of magistrate court, the chief magistrate or some other magistrate appointed by the chief magistrate shall perform the duties of clerk. A chief magistrate performing the duties of clerk, or another magistrate appointed by the chief magistrate to perform the duties of clerk, shall receive, in addition to any other compensation to which he or she is entitled, compensation for performing the duties of clerk, the amount of which compensation shall be fixed by the county governing authority at not less than $286.73 $323.59 per month. The Committee substitute, as amended, was adopted. Pursuant to Rule 133, Representatives Sims of the 169th and Byrd of the 20th were excused from voting on SB 450. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague E Benfield Y Benton Y Black Bordeaux Borders N Bridges Y Brooks N Brown Y Bruce Y Bryant N Buckner, D Y Buckner, G Burkhalter Burmeister Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps N Everson Y Fleming Y Floyd, H Y Floyd, J N Fludd N Forster N Franklin Y Freeman Y Gardner Y Hill, C.A N Holmes Y Holt Y Horne N Houston Y Howard, E Y Hudson N Hugley N Jackson N Jacobs Y James Y Jamieson Y Jenkins N Jennings Y Johnson Jones, J Y Jones, S N Jordan Y Keen Y Keown Y Kidd Y Knight Y Martin Y Maxwell N May Y McCall McClinton N Meadows N Millar E Mills Y Mitchell E 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 Sailor Y Scheid N Scott, A N Scott, M Y Setzler N Shaw Sheldon Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L N Smith, P N Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens E Stephenson Y Talton Y Teilhet 4758 JOURNAL OF THE HOUSE Y Burns Y Butler Byrd Y Carter Y Casas E Chambers Y Channell Y Cheokas N Coan Y Cole Y Coleman, B Y Coleman, T Cooper N Cox N Geisinger Y Golick Y Graves, D N Graves, T Y Greene Y Hanner Y Harbin N Hatfield N Heard, J E Heard, K Y Heckstall Y Hembree Y Henson Hill, C Y Knox Y Lakly N Lane, B N Lane, R N Lewis N Lindsey Y Lord N Loudermilk N Lucas Lunsford Y Maddox N Mangham Y Manning Y Marin Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S N Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren N Watson N Wilkinson N Willard Y Williams, A N Williams, E N Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 110, nays 47. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representatives Jones of the 46th 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. SB 465. By Senators Adelman of the 42nd, Smith of the 52nd and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend the O.C.G.A., so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the O.C.G.A. and in Acts of the General Assembly amending the O.C.G.A.; to reenact the statutory portion of the O.C.G.A., as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the O.C.G.A.; to repeal portions of the Code and Acts related thereto which have become obsolete; to delete portions of the Code and Acts related thereto which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide effective dates; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: MONDAY, MARCH 27, 2006 4759 Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague E 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 Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas E Chambers Y Channell Y Cheokas Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England E Epps Y Everson 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 Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Martin Y Maxwell May Y McCall McClinton Y Meadows Millar E Mills Y Mitchell E 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 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 Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Stephens E Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 466. By Senators Adelman of the 42nd, Smith of the 52nd and Meyer von Bremen of the 12th: 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 4760 JOURNAL OF THE HOUSE Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague E 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 Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England E Epps Y Everson 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 Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y 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 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 May Y McCall McClinton Y Meadows Y Millar E Mills Y Mitchell E Morgan 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 Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Scheid Y Scott, A Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens E Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed. MONDAY, MARCH 27, 2006 4761 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 467. By Senators Adelman of the 42nd, Smith of the 52nd and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague E 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 Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Crawford Y Cummings Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England E Epps Y Everson 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 Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar E Mills Y Mitchell E Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Neal Y Oliver 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 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 E Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker 4762 JOURNAL OF THE HOUSE Y Casas E 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 Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Randall Y Ray Y Reece, B Y Reece, S Y Reese 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 154, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Holmes of the 61st 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 484. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to declare the City of Colquitt as Georgia's First Mural City; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague E Benfield Y Benton Y Black Y Bordeaux Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Crawford Y Cummings Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Martin Y Maxwell May Y McCall McClinton Y Meadows Y Millar E Mills Y Mitchell E Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver O'Neal Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens MONDAY, MARCH 27, 2006 4763 Y Buckner, G Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman, B Y Coleman, T Cooper Y Cox Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Keown Y Kidd Y Knight Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 152, nays 1. The Bill, having received the requisite constitutional majority, was passed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has disagreed to the House substitute to the following bill of the Senate: SB 636. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in such code or other laws of the state, so as to define the term biodiesel fuel; 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 145. By Senators Grant of the 25th, Butler of the 55th and Staton of the 18th: A BILL to be entitled an Act to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to define certain terms; to provide for a certificate of registration for hair braiders and hair designers; to provide for qualifications; to provide for application and fees; to 4764 JOURNAL OF THE HOUSE provide for reciprocity; 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 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 physician's 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. HB 959. By Representatives Maddox of the 172nd, Lindsey of the 54th, Fleming of the 117th, O`Neal of the 146th, Roberts of the 154th and others: A BILL to be entitled an Act to amend Code Section 40-6-222 of the Official Code of Georgia Annotated, relating to parking permits for persons with disabilities, so as to change certain provisions relating to permits for permanently disabled persons; to provide for permits issued to permanently disabled minors; to provide a short title; 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 194. By Representatives Martin of the 47th, Burkhalter of the 50th, Amerson of the 9th, Royal of the 171st, Ashe of the 56th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Cagle of the 49th, Hill of the 32nd, and Seabaugh of the 28th. MONDAY, MARCH 27, 2006 4765 The Senate has adopted the report of the Committee of Conference on the following bill of the House: HB 81. By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Jackson of the 161st and Scott of the 2nd: A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to provide that, with respect to all homestead exemptions, the unremarried surviving spouse of a deceased spouse who has been granted a homestead exemption shall continue to receive that exemption so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. 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 77. By Senators Unterman of the 45th, Hudgens of the 47th, Schaefer of the 50th, Goggans of the 7th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 15 of the O.C.G.A., relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals, so as to provide that all abortions must be performed in certain facilities; to provide for certain reports by physicians; to provide for certain forms; to provide for certain reports by the Department of Human Resources; to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to provide for related matters; to provide for severability; 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 Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to revise the definition of feticide; to prohibit the voluntary manslaughter of an unborn child; to prohibit assaults and batteries of unborn children under certain circumstances; to provide for punishment for persons convicted of 4766 JOURNAL OF THE HOUSE such offenses; to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to remove the requirement that an unborn child be quick in the definition of feticide by vehicle; to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions concerning registration, operation, and sale of watercraft, so as to remove the requirement that an unborn child be quick in the definition of feticide by vessel; to provide for definitions; to provide for exceptions; 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. Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by striking Code Section 16-5-20, relating to simple assault, and inserting a new Code Section 16-5-20 and by adding at the end of Article 2, relating to assault and battery, new Code Sections 16-5-28 and 16-5-29 to read as follows: "16-5-20. (a) A person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. (b) Except as provided in subsections (c) through (f) (h) of this Code section, a person who commits the offense of simple assault shall be guilty of a misdemeanor. (c) Any person who commits the offense of simple assault in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' means a bus, van, or rail car used for the transportation of passengers within a system which receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state. (d) If the offense of simple assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished for a misdemeanor of a high and aggravated nature. In no event shall this subsection be applicable to corporal punishment administered by a parent or guardian to a child or administered by a person acting in loco parentis. (e) Any person who commits the offense of simple assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (f) Any person who commits the offense of simple assault against an employee of a public school system of this state while such employee is engaged in official duties or on school property shall, upon conviction of such offense, be punished for a MONDAY, MARCH 27, 2006 4767 misdemeanor of a high and aggravated nature. For purposes of this Code section, 'school property' shall include public school buses and stops for public school buses as designated by local school boards of education. (g) Any person who commits the offense of simple assault against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (h) Nothing in this Code section shall be construed to permit the prosecution of: (1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) Any person for any medical treatment of the pregnant woman or her unborn child; or (3) Any woman with respect to her unborn child. For the purposes of this subsection, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb." "16-5-28. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb. (b) A person commits the offense of assault of an unborn child when such person, without legal justification, attempts to inflict violent injury to an unborn child. (c) Any person convicted of the offense of assault of an unborn child shall be guilty of a misdemeanor. (d) Nothing in this Code section shall be construed to permit the prosecution of: (1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) Any person for any medical treatment of the pregnant woman or her unborn child; or (3) Any woman with respect to her unborn child. 16-5-29. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb. (b) A person commits the offense of battery of an unborn child when such person, without legal justification, intentionally inflicts physical harm upon an unborn child. (c) A person convicted of the offense of battery of an unborn child shall be guilty of a misdemeanor. (d) Nothing in this Code section shall be construed to permit the prosecution of: (1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; 4768 JOURNAL OF THE HOUSE (2) Any person for any medical treatment of the pregnant woman or her unborn child; or (3) Any woman with respect to her unborn child." SECTION 2. Said chapter is further amended by striking Code Section 16-5-80, relating to feticide, and inserting in lieu thereof a new Code Section 16-5-80 to read as follows: "16-5-80. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb. (a)(b) A person commits the offense of feticide if he or she willfully kills and without legal justification causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child, which would be murder if it resulted in the death of such mother, or if he or she, when in the commission of a felony, causes the death of an unborn child. (b) (c) A person convicted of the offense of feticide shall be punished by imprisonment for life. (d) A person commits the offense of voluntary manslaughter of an unborn child when such person causes the death of an unborn child under circumstances which would otherwise be feticide and if such person acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; provided, however, that, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as feticide. (e) A person convicted of the offense of voluntary manslaughter of an unborn child shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than 20 years. (f) Nothing in this Code section shall be construed to permit the prosecution of: (1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) Any person for any medical treatment of the pregnant woman or her unborn child; or (3) Any woman with respect to her unborn child." SECTION 3. Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, is amended by striking Code Section 40-6-393.1, relating to feticide by vehicle, and inserting in lieu thereof a new Code Section 40-6-393.1 to read as follows: "40-6-393.1. MONDAY, MARCH 27, 2006 4769 (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb. (a)(b)(1) A person commits the offense of feticide by vehicle in the first degree if he or she causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child through the violation of Code Section 40-6-390 or 40-6-391, which would be homicide by vehicle in the first degree as provided in subsection (a) or (c) of Code Section 40-6-393 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vehicle in the first degree shall be punished by imprisonment for not less than two years nor more than 15 years. (b)(c)(1) A person commits the offense of feticide by vehicle in the second degree if he or she causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child by violating any provision of this title other than Code Section 40-6-390 or 40-6-391, which would be homicide by vehicle in the second degree as provided in subsection (b) of Code Section 40-6-393 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vehicle in the second degree shall be punished as provided in Code Section 17-10-3." SECTION 4. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions concerning registration, operation, and sale of watercraft, is amended by striking Code Section 52-7-12.3, relating to feticide by vessel, and inserting in lieu thereof a new Code Section 52-7-12.3 to read as follows: "52-7-12.3. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb. (a)(b)(1) A person commits the offense of feticide by vessel in the first degree if he or she causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child through the violation of subsection (j) of Code Section 52-7-8.2 or Code Section 52-7-12 or Code Section 52-7-12.1 or subsection (b) of Code Section 52-7-13 or subsection (a) of Code Section 52-7-14 or subsection (c) of Code Section 52-7-25, which would be homicide by vessel in the first degree as provided in subsection (a) of Code Section 52-7-12.2 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vessel in the first degree shall be guilty of a felony and shall be punished by imprisonment for not less than two years nor more than 15 years. (b)(c)(1) A person commits the offense of feticide by vessel in the second degree if he or she causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child by violating any provision of this title other than subsection (j) of Code Section 52-7-8.2 or Code Section 52-7-12 or Code Section 52-7-12.1 or subsection (b) of Code Section 52-7-13 or subsection (a) 4770 JOURNAL OF THE HOUSE of Code Section 52-7-14 or subsection (c) of Code Section 52-7-25, which would be homicide by vessel in the second degree as provided in subsection (b) of Code Section 52-7-12.2 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vessel in the second degree shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-103." SECTION 5. This Act shall become effective on July 1, 2006, and shall apply to all offenses committed on or after such date. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. The 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 Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague E 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 E 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 E Epps Y Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter 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 Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, P Y Smith, R Y Smith, T Smith, V Smyre Y Stanley-Turner Y Stephens E Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard MONDAY, MARCH 27, 2006 4771 Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Heard, J E Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 155, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Smith of the 70th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the House: HB 1030. By Representative Smith of the 129th: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1085. By Representatives Lane of the 158th, Day of the 163rd, Hill of the 180th, Williams of the 165th, Lane of the 167th and others: A BILL to be entitled an Act to amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, so as to 4772 JOURNAL OF THE HOUSE change certain provisions relating to tripletail fish; to repeal conflicting laws; and for other purposes. HB 1143. By Representative Porter of the 143rd: A BILL to be entitled an Act to amend an Act reconstituting the board of education of the City of Dublin, approved April 5, 1993 (Ga. L. 1993, p. 4970), as amended, so as to provide certain additional authority to the board with respect to real estate transactions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1164. By Representatives Ehrhart of the 36th, Harbin of the 118th and Forster of the 3rd: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the O.C.G.A., the "Budget Act," so as to provide for the collection and compilation of certain information with respect to the impact of judicial settlements and decrees on the state budgetary and appropriations process; to provide for findings and intent; to require certain information to be included in the budget estimates of budget units; to provide for the compilation of such information in the budget report; to provide for the inclusion of certain information in legislative budget tracking documents; to provide that the payment or expenditure of state funds for purposes of compliance with a judicial decree or settlement shall be subject to appropriation and allotment of funds or an object class transfer; to define a term; 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 338. By Representatives Warren of the 122nd, Jenkins of the 8th, Burns of the 157th, Williams of the 165th, Mosley of the 178th and others: A BILL to be entitled an Act to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to change certain provisions relating to primitive weapons; to repeal conflicting laws; and for other purposes. HB 1019. By Representatives Day of the 163rd, Horne of the 71st, Neal of the 1st, Hanner of the 148th, Chambers of the 81st and others: A BILL to be entitled an Act to create and establish the "Taser Certification Act"; to amend Chapter 8 of Title 35 of the Official Code of Georgia MONDAY, MARCH 27, 2006 4773 Annotated, relating to employment and training of peace officers, so as to require certified training for law enforcement officers for the official use of tasers, stun guns, or other similar devices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1223. By Representatives Brown of the 69th, Cooper of the 41st, O`Neal of the 146th, Coleman of the 144th, Epps of the 128th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to revise certain provisions relating to contracts between county boards and authorization for and provisions applicable to a county board of health serving as a community service board; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to revise and add certain definitions relating to community service boards; to revise certain provisions relating to the designation of boundaries for mental health, developmental disabilities, and addictive diseases regions; to revise certain provisions relating to the creation, membership, participation, powers, and bylaws of community mental health, developmental diseases, and addictive diseases service boards; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1320. By Representatives Smith of the 70th, Burkhalter of the 50th, Ralston of the 7th, Willard of the 49th, Rice of the 51st and others: A BILL to be entitled an Act to extensively revise various provisions of the O.C.G.A. relating to littering and related environmental offenses; and for other purposes. The Speaker 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 420. By Senators Unterman of the 45th, Schaefer of the 50th, Johnson of the 1st, Thomas of the 2nd, Harp of the 29th and others: A BILL to be entitled an Act to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for the creation, authorization, procedure, revocation, and termination of a power of attorney from a parent to a grandparent for the care of a grandchild; to provide for short titles; to provide definitions; to provide for the creation of a pilot program to provide a subsidy to certain 4774 JOURNAL OF THE HOUSE grandparents raising grandchildren under certain circumstances; to provide for an assessment and evaluation of the pilot program; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Representative Ehrhart of the 36th moved that SB 420 be recommitted to the Committee on Rules: 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 Y Bearden Y Beasley-Teague E Benfield Y Benton N Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown N Bruce N Bryant Y Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson N Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J E Heard, K N Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne N Houston N Howard, E Y Hudson N Hugley N 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 N 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 N Mangham N Manning Y Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills N Mitchell E Morgan Y Morris N Mosby Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Royal Y Rynders N Sailor Y Scheid Y Scott, A E 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 Smyre Stanley-Turner Y Stephens E Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren Y Watson Y Wilkinson Willard N Williams, A N Williams, E N Williams, R Y Wix N Yates Richardson, Speaker On the motion, the ayes were 121, nays 39. The motion prevailed. MONDAY, MARCH 27, 2006 4775 The following Resolution of the Senate was read: SR 1322. By Senators Williams of the 19th, Brown of the 26th and Johnson of the 1st 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 2006 regular session of the General Assembly for the period of March 27, 2006, through March 30, 2006, shall be as follows: Monday, March 27 .....................................................in session for legislative day 38 Tuesday, March 28 .....................................................in session for legislative day 39 Wednesday, March 29 ................................................in adjournment Thursday, March 30 ...................................................in session for legislative day 40 BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England E Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger Y Golick Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Knight Y Knox Y Lakly Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell E Morgan Y Morris 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 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 E Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B 4776 JOURNAL OF THE HOUSE Y Byrd Y Carter Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Graves, D Y Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C 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 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 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 157, nays 0. The Resolution was adopted. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has adopted the report of the Committee of Conference on the following bill of the Senate: SB 529. By Senators Rogers of the 21st, Hamrick of the 30th, Douglas of the 17th, Schaefer of the 50th, Seabaugh of the 28th and others: A BILL to be entitled an Act to amend Title 13 of the O.C.G.A., relating to contracts, Title 16 of the O.C.G.A., relating to crimes and offenses, Title 34 of the O.C.G.A., relating to labor, Title 35 of the O.C.G.A., relating to law enforcement, and Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for procedures and requirements applicable to certain contracts or subcontracts; to prohibit certain retaliation; to provide for enforcement, penalties, and exceptions; to provide for offenses regarding involuntary servitude, trafficking of persons for forced labor or services, and sexual servitude of a minor; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. The Senate has passed by the requisite constitutional majority the following bill of the House: MONDAY, MARCH 27, 2006 4777 HB 1224. By Representatives Channell of the 116th, Cooper of the 41st, Brown of the 69th, Sheldon of the 105th and Manning of the 32nd: A BILL to be entitled an Act to amend Code Section 31-8-192 of the Official Code of Georgia Annotated, relating to the definitions relative to the "'Health Share' Volunteers in Medicine Act"; so as to revise the definitions of "lowincome" and "volunteer"; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitute to the following bill of the Senate: SB 79. By Senators Williams of the 19th, Pearson of the 51st, Rogers of the 21st, Goggans of the 7th, Heath of the 31st and others: A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to provide expressly that local boards of education are authorized to provide additional elective courses for students in specified grades; to provide for state funding of such additional elective courses; to repeal conflicting laws; and for other purposes. The Senate has disagreed to the House substitutes to the following bills of the Senate: SB 238. By Senators Hill of the 32nd and Smith of the 52nd: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for immunity from civil liability for nonprofit organizations and individuals that financially sponsor charitable fundraising events; to provide for an exception; to repeal conflicting laws; and for other purposes. SB 413. By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Thomas of the 2nd, Fort of the 39th 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, the compulsory school attendance law, so as to change certain provisions relating to mandatory education for children between ages six and 16; to provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the permission of his or her parent or guardian; to require parent or guardian approval; to provide for a conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance 4778 JOURNAL OF THE HOUSE required; to change certain provisions relating to exemptions from compulsory attendance; to provide for related matters; to repeal conflicting laws; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having previously been read, was again taken up for consideration: SB 306. By Senators Hamrick of the 30th and Harp of the 29th: A BILL to be entitled an Act to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospital and nursing home liens, so as to change notice and filing provisions with respect to certain liens; to change a provision relating to the effect of release or covenant not to sue on hospitals and other medical provider liens; to change a provision relating to the effect of this part on a settlement or release entered into before entry into a hospital, nursing home, or traumatic burn care medical facility; to provide for related matters; to repeal conflicting laws; and for other purposes. The following amendment was read: Representative Jamieson of the 28th moves to amend SB 306 by striking "to change provisions relating to duty of the clerk of superior court to record certain transaction and duties as to lien book;" from lines 1, 2, and 3 of page 1. By striking lines 12 through 16 of page 1 and inserting in their place the following: striking Code Section 44-14-471, relating to filing of verified By striking line 33 of page 2 through line 14 of page 3 and inserting in their place "SECTION 2." By redesignating Sections 5 and 6 as Sections 3 and 4, respectively. 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 Y Barnard Y Barnes N Crawford Y Cummings Y Davis N Day Y Dean Y Dickson Y Hill, C.A Y Holmes N Holt Y Horne Y Houston Y Howard, E N Martin N Maxwell N May N McCall McClinton N Meadows Y Sailor N Scheid N Scott, A Y Scott, M Setzler Y Shaw MONDAY, MARCH 27, 2006 4779 N Bearden Beasley-Teague Benfield Y Benton Y Black N Bordeaux E Borders Y Bridges Y Brooks N Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister Y Burns N Butler N Byrd Y Carter Casas Chambers Y Channell Y Cheokas N Coan N Cole N Coleman, B Y Coleman, T N Cooper Y Cox Y Dodson N Dollar Y Drenner Y Dukes N Ehrhart N England E Epps N Everson N Fleming Y Floyd, H Y Floyd, J Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall N Hembree Y Henson N Hill, C Y Hudson Y Hugley Jackson N Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson N Jones, J Y Jones, S Y Jordan N Keen N Keown Y Kidd N Knight N Knox Y Lakly Y Lane, B Y Lane, R N Lewis N Lindsey Y Lord Loudermilk Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin E Millar N Mills Y Mitchell E Morgan Y Morris Y Mosby Mosley N Mumford N Murphy, J Y Murphy, Q Y Neal N Oliver N 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 Reese N Rice N Roberts Y Rogers Y Royal Y Rynders N Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B N Smith, L Y Smith, P Y Smith, R Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Stephens E Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin Y Walker Y Warren Y Watson N Wilkinson N Willard N Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the amendment, the ayes were 98, nays 60. The amendment was adopted. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y James Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell E Morgan Y Morris Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B 4780 JOURNAL OF THE HOUSE Y Bordeaux E 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 N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y England E Epps Y Everson 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 E Heard, K Y Heckstall Y Hembree Y Henson N Hill, C 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 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 Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens E 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 162, nays 2. The Bill, having received the requisite constitutional majority, was passed, as amended. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the House: HB 1246. By Representatives Howard, E. of the 121st and Murphy of the 120th: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to provide for state flags to honor deceased Georgia elected state officials; to provide for definitions and legislative intent; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 27, 2006 4781 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 288. By Senators Rogers of the 21st, Hamrick of the 30th and Hill of the 32nd: A BILL to be entitled an Act to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to enact the "Grade Integrity Act of 2005"; to provide that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner to change the grade of a student; to provide for an ethical violation reportable to the Professional Standards Commission; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to enact the "Grade Integrity Act of 2006"; to provide that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner to change the grade of a student; to provide for an ethical violation reportable to the Professional Standards Commission; to provide for 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. This Act shall be known and may be cited as the "Grade Integrity Act of 2006." SECTION 2. Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, is amended by inserting at the end thereof a new Part 12 to read as follows: "Part 12 20-2-989.20. (a) No classroom teacher shall be required, coerced, intimidated, or disciplined in any manner by the local board of education, superintendent, or any local school administrator to change the grade of a student. A violation of this Code section shall constitute an ethics violation reportable to the Professional Standards Commission pursuant to Part 10 of this article. 4782 JOURNAL OF THE HOUSE (b) Nothing in this Code section shall be construed to prevent a principal or other local school administrator from discussing the grade of a student with a classroom teacher. (c) Nothing in this Code section shall be construed to prevent a central office administrator, superintendent, or local school administrator from changing a student's grade. Any grade change made by a person other than the classroom teacher must be clearly indicated in the student's school records and must indicate the person responsible for making such grade change." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Hembree of the 67th et al. move to amend the Committee substitute to SB 288 by inserting after "construction;" on line 5 of page 1 the following: to provide for the adjustment of grades received in advanced placement and honors courses; By inserting between lines 5 and 6 of page 2 the following: SECTION 2A. Code Section 20-2-157 of the Official Code of Georgia Annotated, relating to uniform reporting system for high school grades for certain purposes, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: (b) Beginning May 1, 2007 2008, each school system and private school shall adopt the reporting system described in this subsection for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section: (1) Each school system and private school shall transmit, in a manner and at times prescribed by the Georgia Student Finance Commission, an electronic transcript of courses and course grades for each graduating senior that reflects the complete high school academic record of the student, including scores on any state tests required for graduation, the grading scales used by the school system or private school for the time periods referenced by the transcripts, and any other pertinent information as determined by the Georgia Student Finance Commission. Each grade reported by a school system or private school to the commission for the purpose of calculating the grade point average for HOPE scholarship eligibility shall be the actual grade earned by the student, with no weighting or addition of points by the local school system or private school; (2) The Georgia Student Finance Commission shall calculate a grade point average for the purpose of determining eligibility for the HOPE scholarship from these MONDAY, MARCH 27, 2006 4783 electronic transcripts and shall notify students of their eligibility and high schools as to the eligibility of students; (3) For students otherwise qualified and enrolling as freshmen students in eligible public or private postsecondary institutions for the first time on May 1, 2007 2008, or thereafter, the Georgia Student Finance Commission shall calculate grade point averages for determining eligibility for the HOPE scholarship and other scholarships referenced in this Code section as follows: (A) For students receiving a college preparatory diploma, each grade for a student in attempted coursework in English, mathematics, science, social studies, and foreign language that would, if successfully completed, satisfy a core graduation requirement for the college preparatory curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0; or (B) For students receiving a career/technical diploma, each grade for a student in attempted coursework in English, mathematics, science, and social studies that would, if successfully completed, satisfy a core graduation requirement for the career/technical curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0. Grades for coursework that is classified as advanced placement, honors, or international baccalaureate shall be weighted by the Georgia Student Finance Commission in calculating the overall grade point averages for students, provided that the weighting of such course grades is uniformly applied to all students in the state taking the specified coursework. The sum of the equated grades shall be divided by the number of course grades, adjusted for term length, to yield a grade point average on a 4.0 scale; (4) Qualification for the HOPE scholarship shall be determined from the grade point average calculated as set out in paragraph (3) of this subsection. Beginning May 1, 2007 2008, students with grade point averages equal to or in excess of 3.0 on the 4.0 scale with a college preparatory diploma shall meet achievement standards for the HOPE scholarship; students receiving a career/technical diploma shall meet achievement standards for the HOPE scholarship with a grade point average equal to or in excess of 3.2 on a 4.0 scale. This paragraph shall apply regardless of when a student graduated from high school and regardless of such student's eligibility status prior to May 1, 2007 2008; and (5) Beginning May 1, 2007 2008, only the reporting system as indicated in this subsection shall be used to determine eligibility for all grants, scholarships, or loans to attend colleges or universities which are administered pursuant to Article 7 of Chapter 3 of this title and eligibility for enrollment in postsecondary courses pursuant to Code Section 20-2-161.1. The Committee substitute, as amended, was adopted. 4784 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y 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 E 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 Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell E 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 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 Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens E Stephenson 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 165, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representatives Reese of the 98th and Talton of the 145th 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. MONDAY, MARCH 27, 2006 4785 SB 480. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th: A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the O.C.G.A., relating to nurses, so as to provide for the certification of qualified medication aides; to provide for a short title; to provide legislative findings; to provide for definitions; to provide for the delegation of certain nursing tasks; to provide for powers and responsibilities of the Georgia Board of Examiners of Licensed Practical Nurses; to provide for certification standards and requirements; to provide for the issuance and renewal of certificates; to provide for permitted and prohibited activities; to provide for requirements of community living arrangements which utilize qualified medication aides; to provide for sanctions; to provide for construction; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. The following amendment was read: Representative Burmeister of the 119th et al. move to amend SB 480 by inserting after "repeal;" on line 9 of page 1 the following: 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 Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to provide for a definition; to provide for enactment of rules and regulations affecting advanced practice registered nurses; to change certain provisions relating to the use of a title by a licensed registered nurse or applicant; to provide for a change in certain prohibited activities; to provide for certain information given to the board by licensees; to change a provision relating to a Drug Enforcement Administration license applicability to nurses and physician's assistants; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the physicians, so as to provide for a physician to delegate certain medical acts to allow an advanced practice registered nurse to issue prescription drug orders and provide professional samples, order diagnostic studies, medical devices, and in certain life-threatening situations to order radiographic imaging; to provide for construction and limitations related to such delegation; to provide for definitions; to provide for the conditions of a nurse protocol agreement; to provide for execution of prescription drug orders; By striking lines 12 and 13 of page 7 and insert in lieu thereof the following: SECTION 2. 4786 JOURNAL OF THE HOUSE Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to regulation of controlled substances, is amended by striking paragraph (23) and inserting in its place the following: (23) 'Practitioner' means: (A) A physician, dentist, pharmacist, podiatrist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this state to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (B) A pharmacy, hospital, or other institution licensed, registered, or otherwise authorized by law to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; or (C) An advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-26.3. For purposes of this chapter and Code Section 43-34-26.3, an advanced practice registered nurse is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities; or (C)(D) A physician's assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103. For purposes of this chapter and subsection (e.1) of Code Section 43-34-103 and notwithstanding the provisions of subsection (g) of Code Section 43-34-26.1, a physician's assistant is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities. SECTION 3. Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by adding a new paragraph to Code Section 43-26-3, relating to definitions, to read as follows: (1.1) 'Advanced practice registered nurse' means a registered professional nurse licensed under this chapter who is recognized by the board as having met the requirements established by the board to engage in advanced nursing practice and who holds a master's degree or other graduate degree approved by the board and national board certification in his or her area of speciality, or a person who was recognized as an advanced practice registered nurse by the board on or before June 30, 2006. SECTION 4. Said chapter is further amended by striking paragraph (12) of subsection (a) of Code Section 43-26-5, relating to general powers of the board, and inserting in lieu thereof the following: (12) Be authorized to enact rules and regulations for registered professional nurses in their performing acts under a nurse protocol as authorized in Code Section 43-34-26.1 and enact rules and regulations for advanced practice registered nurses in performing acts as authorized in Code Section 43-34-26.3; MONDAY, MARCH 27, 2006 4787 SECTION 5. Said chapter is further amended by striking subsections (a) and (d) of Code Section 4326-6, relating to use of title by licensed registered nurses or applicant, and inserting in lieu thereof the following: (a) Any person who is licensed as a registered professional nurse shall have the right to use the title 'registered professional nurse' and the abbreviation 'R.N.' Any person recognized by the board as an advanced practice registered nurse shall have the right to use the title 'advanced practice registered nurse' and the abbreviation 'A.P.R.N.' No other person shall assume such title titles or use such abbreviation abbreviations or any other words, letters, signs, or symbols to indicate that such person is a registered professional nurse or an advanced practice registered nurse in Georgia. Nothing in this subsection shall be construed to repeal the right of any person who is licensed as a registered professional nurse on April 4, 1990 or recognized by the board as an advanced practice registered nurse on June 30, 2006, to be licensed and to use the title 'registered professional nurse.' or to use the title 'advanced practice registered nurse,' respectively. (d) Any person who is licensed as a registered professional nurse shall identify that he or she is so licensed by displaying either the title 'registered professional nurse' or 'registered nurse,' or the abbreviation 'R.N.,' the title 'advanced practice registered nurse,' or the abbreviation 'A.P.R.N.' on a name tag or other similar form of identification during times when such person is providing direct patient care. SECTION 6. Said chapter is further amended by striking paragraph (4) of Code Section 43-26-10, relating to the prohibition of practicing as a registered professional nurse without a license, and inserting in lieu thereof the following: (4) Use any words, abbreviations, figures, letters, title, sign, card, or device implying that such person is a registered professional nurse or advanced practice registered nurse unless such person is duly licensed or recognized by the board so to practice under the provisions of this article; SECTION 7. Said chapter is further amended by adding a new Code Section 43-26-13 to read as follows: 43-26-13. A licensee may, in lieu of providing his or her home address, provide the board a legitimate business address for purposes of the public information made available by the board with regard to licensed registered professional nurses. SECTION 8. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by striking subsection (g) of Code section 43-34-26.1, relating to 4788 JOURNAL OF THE HOUSE delegation of authority to a nurse or physician's assistant, and inserting in lieu thereof the following: (g) Nothing in this Code section shall be construed to authorize or permit the issuance of a Drug Enforcement Administration license to a nurse or physician's assistant who is not an advanced practice registered nurse. SECTION 9. Said article is further amended by adding a new Code Section 43-34-26.3 to read as follows: 43-34-26.3. (a) As used in this Code section, the term: (1) 'Advanced practice registered nurse' shall have the same meaning as provided in paragraph (1.1) of Code Section 43-26-3. (2) 'Birthing center' means a facility or building where human births occur on a regular or ongoing basis and which is classified by the Department of Human Resources as a birthing center. (3) 'Controlled substance' means any controlled substance as defined in Code Section 16-13-21 but shall not include any Schedule I controlled substance included in Code Section 16-13-25 or any Schedule II controlled substance included in Code Section 16-13-26. (4) 'Dangerous drug' means any dangerous drug as defined in Code Section 16-13-71. (5) 'Delegating physician' means a physician who has entered into a nurse protocol agreement pursuant to this Code section. (6) 'Diagnostic study' means a laboratory test, X-ray, ultrasound, or procedure used to identify a characteristic or distinguishing feature of a particular disease or condition. (7) 'Drug' means any dangerous drug or controlled substance. (8) 'Free health clinic' shall have the same meaning as provided in Code Section 511-29.4. (9) 'Life threatening' means an emergency situation in which a patient's life or physical well-being will be harmed if certain testing is not performed immediately. (10) 'Nurse protocol agreement' means a written document mutually agreed upon and signed by an advanced practice registered nurse and a physician, by which document the physician delegates to that advanced practice registered nurse the authority to perform certain medical acts pursuant to this Code section, and which acts may include, without being limited to, the ordering of drugs, medical devices, medical treatments, diagnostic studies, or in life-threatening situations radiographic imaging tests. Such agreements shall conform to the provisions set forth in subsection (c) of this Code section. (11) 'Order' means to prescribe pursuant to a nurse protocol agreement which drug, medical device, medical treatment, diagnostic study, or in life-threatening situations radiographic imaging test is appropriate for a patient and to communicate the same in writing, orally, via facsimile, or electronically. (12) 'Physician' means a person licensed to practice medicine under this chapter and: MONDAY, MARCH 27, 2006 4789 (A) Whose principal place of practice is within this state; or (B) Whose principal place of practice is outside this state but is within 50 miles from the location where the nurse protocol agreement is being utilized within this state. (13) 'Prescription drug order' means a written or oral order of an advanced practice registered nurse for a drug or medical device for a specific patient. Such term includes an electronic visual image prescription drug order and an electronic data prescription drug order. (14) 'Professional sample' means a complimentary dose of a drug, medication, medication voucher, or medical device provided by the manufacturer for use in patient care. (15) 'Radiographic imaging test' means a computed tomography, magnetic resonance imaging, positron emission tomography, or nuclear medicine. (b) In addition to and without limiting the authority granted pursuant to Code Section 43-34-26.1, a physician may delegate to an advanced practice registered nurse in accordance with a nurse protocol agreement the authority to order drugs, medical devices, medical treatments, diagnostic studies or in life-threatening situations radiographic imaging tests. (c) A nurse protocol agreement between a physician and an advanced practice registered nurse pursuant to this Code section shall: (1) Be between an advanced practice registered nurse who is in a comparable specialty area or field as that of the delegating physician; (2) Contain a provision for immediate consultation between the advanced practice registered nurse and the delegating physician; if the delegating physician is not available, the delegating physician for purposes of consultation may designate another physician who concurs with the terms of the nurse protocol agreement; (3) Identify the parameters under which delegated acts may be performed by the advanced practice registered nurse, including without limitation the number of refills which may be ordered, the kinds of diagnostic studies which may be ordered, the extent to which radiographic image tests may be ordered, and the circumstances under which a prescription drug order may be executed. In the event the delegating physician authorizes the advanced practice registered nurse to order an X-ray, ultrasound, or radiographic imaging test, the nurse protocol agreement shall contain provisions whereby such X-ray, ultrasound, or radiographic imaging test shall be read and interpreted by a physician who is trained in the reading and interpretation of such tests; a report of such X-ray, ultrasound, or radiographic imaging test may be reviewed by the advanced practice registered nurse; and a copy of such report shall be forwarded to the delegating physician, except that such provision for an ultrasound shall not be required for an advanced practice registered nurse acting within his or her scope of practice as authorized by Code Sections 43-26-3 and 43-26-5. (4) Require documentation either in writing or by electronic means or other medium by the advanced practice registered nurse of those acts performed by the advanced 4790 JOURNAL OF THE HOUSE practice registered nurse which are specific to the medical acts authorized by the delegating physician; (5) Include a schedule for periodic review by the delegating physician of patient records. Such patient records review may be achieved with a sampling of such records as determined by the delegating physician; (6) Provide for patient evaluation or follow-up examination by the delegating physician or other physician designated by the delegating physician pursuant to paragraph (2) of this subsection, with the frequency of such evaluation or follow-up examination based on the nature, extent, and scope of the delegated act or acts as determined by the delegating physician in accordance with paragraph (3) of this subsection and accepted standards of medical practice as determined by the board; (7) Be reviewed, revised, or updated annually by the delegating physician and the advanced practice registered nurse; (8) Be available for review upon written request to the advanced practice registered nurse by the Georgia Board of Nursing or to the physician by the board; and (9) Provide that a patient who receives a prescription drug order for any controlled substance pursuant to a nurse protocol agreement shall be evaluated or examined by the delegating physician on at least a quarterly basis or at a more frequent interval as determined by the board. (d) A written prescription drug order issued pursuant to this Code section shall be signed by the advanced practice registered nurse and shall be on a form which shall include, without limitation, the names of the advanced practice registered nurse and delegating physician who are parties to the nurse protocol agreement, the patient's 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. A prescription drug order which is transmitted either electronically or via facsimile shall conform to the requirements set out in paragraphs (1) and (2) of subsection (c) of Code Section 26-480, respectively. (e) An advanced practice registered nurse may be authorized under a nurse protocol agreement to request, receive, and sign for professional samples and may distribute professional samples to patients. The office or facility at which the advanced practice registered nurse is working shall maintain a list of the professional samples approved by the delegating physician for request, receipt, and distribution by the advanced practice registered nurse as well as a complete list of the specific number and dosage of each professional sample and medication voucher received and dispensed. In addition to the requirements of this Code section, all professional samples shall be maintained as required by applicable state and federal laws and regulations. (f) A managed care system, health plan, hospital, insurance company, or other similar entity shall not require a physician or advanced practice registered nurse to be a party to a nurse protocol agreement as a condition for participation in or reimbursement from such entity. (g) A delegating physician may not enter into a nurse protocol agreement pursuant to this Code section with more than four advanced practice registered nurses at any one MONDAY, MARCH 27, 2006 4791 time, except this limitation shall not apply to an advanced practice registered nurse that is practicing: (1) In a hospital licensed under Title 31; (2) In any college or university as defined in Code Section 20-8-1; (3) In the Department of Human Resources; (4) In any county board of health; (5) In any free health clinic; (6) In a birthing center; (7) In any entity: (A) Which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, and primarily serves uninsured or indigent Medicaid and medicare patients; or (B) Which has been established under the authority of or is receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Service Act; (8) In any local board of education which has a school nurse program; or (9) In a health maintenance organization that has an exclusive contract with a medical group practice and arranges for the provision of substantially all physician services to enrollees in health benefits of the health maintenance organization. (h) 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 issued pursuant to a nurse protocol agreement. (i) Nothing in this Code section shall be construed to apply to the practice of a certified registered nurse anesthetist. (j) Nothing in this Code section shall be construed to require an advanced practice registered nurse to be a party to a nurse protocol agreement in order to practice as a registered professional nurse or an advanced practice registered nurse as otherwise permitted by Article 1 of Chapter 26 of this title. (k) Nothing in this Code section shall be construed to authorize an advanced practice registered nurse to issue a prescription drug order for a Schedule I or II controlled substance or authorize refills of any drug for more than 12 months from the date of the original order except in the case of oral contraceptives, hormone replacement therapy, or prenatal vitamins which may be refilled for a period of 24 months. (l) Nothing in this Code section shall be construed to allow an advanced practice registered nurse to perform an abortion or to administer, prescribe, or issue a drug order that is intended to cause an abortion to occur pharmacologically. (m) The board shall have the authority to promulgate rules and regulations governing a delegating physician in order to carry out the intents and purposes of this Code section. Further, the board shall be authorized to: (1) Require that a nurse protocol agreement shall be filed by the delegating physician with the board within a reasonable time from the date of execution; 4792 JOURNAL OF THE HOUSE (2) Determine, after review of a filed nurse protocol agreement, if such nurse protocol agreement fails to meet accepted standards of medical practice as established by the board; and (3) Require the delegating physician to amend any such noncompliant nurse protocol agreement in order to meet such accepted standards. (n) Except for practice settings identified in paragraph (7) of subsection (g) of this Code section, it shall be unlawful for a physician to be an employee of an advanced practice registered nurse, alone or in combination with others, if the physician is required to supervise the employing advanced practice registered nurse. Such conduct shall be subject to sanctions by the Georgia Board of Nursing as to the advanced practice registered nurse and the board as to the physician. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Cooper of the 41st and Burmeister of the 119th move to amend the Burmeister amendment to SB 480 as follows: By adding after the word "physician" on line 22 of page 6 the following: "or other physician designated by the delegating physician pursuant to paragraph (2) of this subsection". The following amendment was read: Representative Setzler of the 35th et al. move to amend the Burmeister amendment to SB 480 by inserting after "orders;" on line 18 of page 1 the following: to prohibit certain activities in certain business establishments; By inserting between lines 24 and 25 of page 8 the following: SECTION 9A. Said article is further amended by adding a new Code section to read as follows: 43-34-26.4. No advanced practice registered nurse or physician's assistant shall exercise authority delegated pursuant to Code Section 43-34-26.1 or 43-34-26.3 while located within a general merchandising establishment or business establishment, a portion of which is licensed as a pharmacy pursuant to Article 6 of Chapter 4 of Title 26. This Code section shall not apply to: (1) The office of a physician licensed pursuant to this chapter; MONDAY, MARCH 27, 2006 4793 (2) A hospital licensed pursuant to Title 31; or (3) Any nursing activity or powers which are not regulated or delegated pursuant to Code Section 43-34-26.1 or 43-34-26.3. 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 Y Barnes N Bearden Beasley-Teague N Benfield Y Benton Y Black Y Bordeaux E Borders N Bridges N Brooks N Brown Bruce Y Bryant N Buckner, D N Buckner, G N Burkhalter N Burmeister Y Burns N Butler Y Byrd Y Carter N Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman, B Y Coleman, T Y Cooper N Cox N Crawford Y Cummings Y Davis N Day N Dean N Dickson Y Dodson Y Dollar N Drenner N Dukes N Ehrhart N England E Epps N Everson N Fleming N Floyd, H N Floyd, J Fludd Forster N Franklin N Freeman N Gardner N Geisinger N Golick Y Graves, D N Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J E Heard, K N Heckstall N Hembree N Henson N Hill, C N Hill, C.A N Holmes Y Holt N Horne Y Houston N Howard, E N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson N Jenkins Y Jennings N Johnson Jones, J N Jones, S N Jordan N Keen N Keown N Kidd Y Knight Y Knox Lakly Y Lane, B N Lane, R N Lewis Y Lindsey Y Lord Y Loudermilk N Lucas N Lunsford N Maddox Mangham Y Manning N Marin N Martin N Maxwell N May N McCall McClinton Y Meadows E Millar Y Mills Y Mitchell E Morgan N Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q N Neal N Oliver Y O'Neal N Orrock N Parham N Parrish N Parsons N Porter Powell Ralston N Randall N Ray Y Reece, B Y Reece, S N Reese Y Rice Y Roberts Y Rogers N Royal Y Rynders N Sailor N Scheid Y Scott, A N Scott, M Y Setzler Y Shaw N Sheldon N Sims, C Sims, F Sinkfield Y Smith, B N Smith, L Y Smith, P Y Smith, R N Smith, T Y Smith, V Y Smyre N Stanley-Turner Y Stephens E Stephenson N Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin N Walker N Warren N Watson Y Wilkinson N Willard N Williams, A N Williams, E N Williams, R N Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 55, nays 104. The amendment was lost. The Burmeister amendment, as amended, was adopted. 4794 JOURNAL OF THE HOUSE 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 Y Barnes Y Bearden Y Beasley-Teague Y Benfield N Benton Y Black N Bordeaux E 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 N Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson 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 E Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell E 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 Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Stephens E 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 5. The Bill, having received the requisite constitutional majority, was passed, as amended. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: MONDAY, MARCH 27, 2006 4795 Mr. Speaker: The Senate insists on its amendment to the following bill of the House: HB 1390. By Representative Ehrhart of the 36th: 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 change certain provisions relating to creation of the State Board of Optometry, its composition, and qualifications of its members; to change certain provisions relating to the terms of office of board members; 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 resolution of the House: HR 1259. By Representative Barnard of the 166th: 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 Chatham, Coweta, Douglas, Grady, and Muscogee counties, Georgia; 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 597. By Senators Pearson of the 51st, Balfour of the 9th, Cagle of the 49th, Powell of the 23rd, Schaefer of the 50th and others: A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and tax appeal procedures, so as to change certain provisions regarding recovery of certain appeal costs by a taxpayer; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and tax appeal procedures, so as to change certain provisions regarding recovery of certain appeal costs by a taxpayer; to provide an 4796 JOURNAL OF THE HOUSE effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and tax appeal procedures, is amended by striking subdivision (g)(4)(B)(ii) and inserting in its place a new subdivision (g)(4)(B)(ii) to read as follows: "(ii) If the final determination of value on appeal is 80 percent or less of the valuation set by the county board of equalization as to commercial property, or 85 percent or less of the valuation set by the county board of equalization tax assessors as to other property, the taxpayer, in addition to the interest provided for by this paragraph, shall recover costs of litigation and reasonable attorney's fees incurred in the action. This division shall not apply when the property owner has failed to return for taxation the property that is under appeal." SECTION 2. 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 all tax appeals filed with the county boards of tax assessors on or after that date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Crawford Y Cummings Y Davis Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell E 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 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 MONDAY, MARCH 27, 2006 4797 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 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 Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C 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 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 Y Stephens E 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 161, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the House: HB 1288. By Representatives Ralston of the 7th, Fleming of the 117th, Hatfield of the 177th, Cox of the 102nd and Everson of the 106th: A BILL to be entitled an Act to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to provide for required training of municipal court clerks; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1301. By Representatives Martin of the 47th, Royal of the 171st, Chambers of the 81st, Jennings of the 82nd, Scott of the 2nd and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so 4798 JOURNAL OF THE HOUSE as to provide for an exemption for a limited period of time with respect to certain sales of food and groceries to a qualified food bank; 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 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 1178. By Representatives Hill of the 180th, Channell of the 116th, Cooper of the 41st, Brown of the 69th, Jenkins of the 8th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons; to provide for a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1195. By Representatives Willard of the 49th, Tumlin of the 38th, Wilkinson of the 52nd, Geisinger of the 48th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to require complaints to be accompanied in filing with the civil case filing form; to require judgments to be accompanied in filing with the civil case disposition form; to change certain provisions relating to commencement of actions; to change certain provisions relating to entry of judgment; to provide for related matters; to provide for an effective date and applicability; 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 1275. By Representatives Smith of the 129th, Floyd of the 147th, Rynders of the 152nd, Graves of the 12th and Channell of the 116th: 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 for the revocation of a commercial driver's license upon violation of Code Sections MONDAY, MARCH 27, 2006 4799 16-8-2 through 16-8-9; 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 1307. By Representatives Loudermilk of the 14th, Martin of the 47th, Lewis of the 15th, Byrd of the 20th, Everson of the 106th and others: A BILL to be entitled an Act to amend Code Section 50-25-6 of the Official Code of Georgia Annotated, relating to the Georgia Register, so as to change certain provisions regarding the method of publishing and the contents of the publication; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1308. By Representative Brown of the 69th: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia, relating to the care and protection of indigent and elderly patients, so as to change certain provisions relating to the maximum amount of aggregate nursing home provider fees which must be paid; to change certain provisions relating to the assessment, calculation, and payment of quality assessment fees on care management organizations; to provide for related matters; to provide for 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 Bill of the Senate was taken up for consideration and read the third time: SB 115. By Senators Butler of the 55th, Williams of the 19th, Miles of the 43rd, Weber of the 40th, Jones of the 10th and others: A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, to extend until June 30, 2016, the provision that the interest income from certain reserve funds may be used to pay operating costs; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL 4800 JOURNAL OF THE HOUSE To amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to establish an operating budget reserve; to implement an independent management audit; to implement an annual report on the status of pensions; to implement an annual report of expenses; to revise the provisions regarding collective bargaining agreements; to provide for binding arbitration of disputes; to extend the sunset of certain provisions relating to use of proceeds of a sales and use tax for the Authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by adding new subsections (d) through (g) at the end of Section 17 to read as follows: "(d) The Authority shall fund and maintain an operating budget reserve of ten percent (10%) of the Authority's prior year operating budget revenues. For purposes of this section, the term 'operating budget revenues' shall mean all funds received from federal, state, or local sources, including but not limited to grants, distributions from federal and state formula funds, or direct federal and state appropriations for projects or programs of the Authority, as well as farebox revenues and revenues received from rentals on property owned or operated by the Authority. Said operating budget reserve shall be utilized for ongoing operating expenses only in those circumstances requiring its use due to worsened economic conditions in the Atlanta region, or catastrophic loss such as an act of God or terrorism, which conditions cause a temporary shortfall in the Authority's anticipated revenues. The temporary operating revenue shortfall so noted shall be for a period of not less than six consecutive months during which total anticipated revenues are not less than two and one-half percent (2.5%) below the revenues received during the preceding fiscal year for the same six-month period. The first three percent (3%) of the reserve shall not be used in any six-month period. The purpose of said reserve shall be exclusively to pay the ongoing operating expenses during times of economic downturn and shall not be considered to be an available recurring revenue for operating budget purposes and under no circumstances shall the operating budget reserve be used to permanently replace the revenues which are reduced due to the economic conditions set forth above. Upon cessation of such economic downturn, as evidenced by cessation of the revenue shortfall required for the use of the reserve for Authority operating expenses, the operating budget reserve shall be replenished. (e) The Authority shall cause to be performed an independent annual management audit on the condition of management of the Authority at the expense of the Authority, to be supervised and approved by the Metropolitan Atlanta Rapid Transit Overview Committee, and which management audit shall be submitted to the Board of the MONDAY, MARCH 27, 2006 4801 Authority, the Governor, the State Auditor, and the Metropolitan Atlanta Rapid Transit Overview Committee before December 31 of each year. (f) The Authority shall report to the recipients of the Metropolitan Atlanta Rapid Transit Authority represented and nonrepresented pension plans on an annual basis the status of the Metropolitan Atlanta Rapid Transit Authority pension systems. Said report shall include, at a minimum, the investments made on behalf of recipients of pension benefits under the systems, by investment, the unfunded liabilities of said systems, and present and future budgetary obligations necessitated by benefit commitments made by the Authority. Said report shall be given to each recipient of Metropolitan Atlanta Rapid Transit Authority pensions under the pension systems of the Authority, the Metropolitan Atlanta Rapid Transit Overview Committee, and the Governor. (g) The Authority shall submit to the Metropolitan Atlanta Rapid Transit Overview Committee, the presiding officers of the House and Senate, and the Governor an annual report which report shall indicate consultant expenses, other professional services, salaries and expenses of full-time and part-time employees and Board members, and payments rendered by outside companies or agencies to the Authority for any and all services. Said report shall be submitted by August 31 of each year. In addition to a printed copy to be provided to the parties enumerated in this subsection, said report shall be posted in a prominent location on the Authority's website within two weeks of submittal of the report to the parties enumerated in this subsection. The report posted on the Authority's website shall show employee identification numbers and job titles instead of the names of the employees. The employee's social security number shall not be used as the employee's identification number." SECTION 2. Said Act is further amended by striking Section 20 in its entirety and inserting in lieu thereof a new Section 20 to read as follows: "SECTION 20. Rules and Regulations; Miscellaneous. (a) The Board may promulgate reasonable rules and regulations, not inconsistent with law, for the control and management of its operations, properties, employees and patrons. (b)(1) The Board may provide for the recognition of authorized representatives of the employees of the Authority and for collective bargaining, in accordance with this subsection, with such authorized representatives. (2) As used in this subsection, the following terms shall have the following meanings: (A) 'Authorized representative' means the collective bargaining agent for a class of employees, recognized for such purposes by the Board. 4802 JOURNAL OF THE HOUSE (B) 'Collective bargaining' or 'collectively bargain' means performing the mutual obligation of the Authority and the authorized representatives of represented employees to negotiate, in good faith and to impasse, if necessary, over wages, hours, and other terms and conditions of employment with the bona fide intention of reaching a negotiated agreement. (C) 'Grievance arbitration' means arbitration of a dispute between the Authority and the authorized representative, acting on behalf of a represented employee, which involves the interpretation of an existing labor agreement and the application of the terms and conditions of that labor agreement to the claims of one or more employees. (D) 'Labor agreement' means an agreement, including any agreement respecting pension or retirement benefits for represented employees, between the Authority and the authorized representative, entered into in accordance with this subsection, which establishes the wages, hours, and other terms and condition of employment for represented employees of the Authority. (E) 'Represented employee' means an employee of the Authority who is a member of a class of employees for which the Board has recognized an authorized representative. (3) Every labor agreement entered into by the Authority shall provide for grievance arbitration and shall specify the procedure therefor. In any grievance arbitration, the arbitrators must base their decision upon the express terms and conditions of an existing labor agreement. (4) Upon or prior to the expiration of an existing labor agreement, the Authority and the authorized representative shall collectively bargain in an effort to reach a successor or replacement labor agreement. If, after expiration of an existing labor agreement, the Authority and the authorized representative are then unable to agree upon the terms and conditions of a new labor agreement, including but not limited to the issue of wages, they shall jointly select or, failing their agreement, upon the written petition of either or both parties, the Governor shall appoint within 30 days after the receipt of said petition a neutral fact finder to investigate and explore all unresolved collective bargaining issues and to render a report to the Authority, the authorized representative, and the public. The neutral fact finder shall conduct such hearings as may be necessary to provide for the full and fair presentation of all unresolved collective bargaining issues by both parties. That fact finder shall be authorized to sign and issue subpoenas for witnesses or documents, to administer oaths, to take oral or written testimony and to take such other actions as may be needed to make comprehensive findings of fact and recommendations. When a subpoena is disobeyed, any party may apply to the Superior Court of Fulton County for an order requiring obedience. Failure to comply with that order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed in the same manner as prescribed by law in civil cases in the superior court. MONDAY, MARCH 27, 2006 4803 (5) The fact finder's report shall recommend as to all unresolved collective bargaining issues submitted for fact finding, including appropriate wages, hours and other terms and conditions of employment for represented employees, and shall set forth supporting factual findings, determined after due consideration of the factors set forth in subparagraphs (A) through (E) of paragraph (8) of this subsection, and shall contain a summary of the findings. The report of the fact finder shall be issued within 30 days after the fact finder is selected or appointed. Upon issuance, the report shall be distributed by the Authority to the Governor, the Metropolitan Atlanta Rapid Transit Overview Committee of the Georgia General Assembly, and each local governing body in the metropolitan area. The fact finder shall cause the summary of findings to be published once in the newspaper having the largest circulation in the metropolitan area. The fact finder shall be compensated in the same manner as a special master pursuant to Code Section 22-2-106 of the O.C.G.A., and the costs thereof and any other costs of the proceeding shall be borne equally by the parties. After selection or appointment of a fact finder pursuant to this paragraph, the parties may continue to collectively bargain on any issues, including but not limited to those submitted for fact-finding. (6) Upon issuance of the fact finder's report, the Authority and the authorized representative shall continue to collectively bargain in light of the recommendations set forth in such report. If either party rejects any or all of the fact finder's recommendations and the parties are otherwise unable, through collective bargaining, to reach agreement on such issue or issues, then each party rejecting any of the fact finder's recommendations shall prepare a written statement setting forth the specific recommendations which such party has rejected, the party's counterproposal on the issue or issues, and the reasons for rejecting the fact finder's recommendations. Prior to the commencement of any proceeding for a judicial determination interest arbitration, as provided in paragraph (7) of this subsection, each party required under this paragraph to prepare that statement shall cause it to be published in the local newspaper having the largest circulation in the metropolitan area and shall concurrently distribute that statement to the Governor, the Metropolitan Atlanta Rapid Transit Overview Committee of the Georgia General Assembly, and each local governing body in the metropolitan area. (7) If, within the 30 days following issuance of the fact finder's report, the Authority and the authorized representative are unable to conclude a new labor agreement, either party may then seek a judicial determination of any binding interest arbitration of all unresolved issues between the parties. Such an action may be instituted by the filing of a petition for a judicial determination directed to the senior judge in time of service of the Superior Court of Fulton County in even-numbered years or the senior judge in time of service of the Superior Court of DeKalb County in odd-numbered years to resolve any issue. That judge, without a jury, with the Governor for binding interest arbitration and for the appointment of an arbitrator. The Governor shall appoint an arbitrator who is a member of the National Academy of Arbitrators or is approved by the American Arbitration Association within 30 days of the petition. 4804 JOURNAL OF THE HOUSE That arbitrator shall decide the issues within 90 days after said petition shall be filed with the clerk of the superior court of such judge's judicial circuit Governor. That judge's arbitrator's decision on those issues shall bind both the Authority and the authorized representative and there shall be no appeal from that decision. That judge arbitrator may require the Authority and the authorized representative to provide that judge arbitrator with such information as the judge arbitrator determines to be necessary in the resolving of the issues submitted thereto. In the event that any unresolved collective bargaining issue, including but not limited to wage rates for represented employees, is not submitted for judicial determination, the parties shall continue to collectively bargain with respect to such issues in a good faith effort to reach agreement on such issues or to agree upon the terms and conditions of a stipulation or submission agreement to be submitted for judicial determination, as provided in this paragraph. (8) In any judicial determination interest arbitration under this subsection, the judge arbitrator shall be bound by any written stipulation or submission agreement between the Authority and the authorized representative concerning such determination. In determining any issue, the judge arbitrator shall also give weight both to the report of the neutral fact finder and to the following factors: (A) The financial ability of the Authority to pay wages and provide benefits, whether or not increased, while adhering to all legal requirements governing the Authority's expenditure of public funds and revenues and maintaining levels of transit service sufficient to serve the metropolitan area; (B) The amount, if any, of any fare increase which would be necessary to afford a wage or salary increase or improvement in fringe benefits or extension of vacation, holiday, or excused time and the ability of the public to bear a fare increase, with consideration of the per capita income of those persons in the service area; (C) A comparison between the overall wage and salary levels and fringe benefit levels and vacation, holiday and excused time allowances of the Authority's represented employees and other workers in the public and private sectors of the metropolitan area who perform work requiring similar skills in other major ground transportation services; (D) A comparison of the hours and working conditions of the Authority's represented employees and other workers in the public and private sectors of the metropolitan area who perform work requiring similar skills in other major ground transportation services; and (E) The cost of consumer goods and services within the metropolitan area. (9) In the event that either party wishes to enforce the decision of the arbitrator, a petition for such enforcement must be filed within ninety (90) days of such decision. In odd numbered years, the petition must be filed in the Superior Court of Fulton County and directed to the senior judge in time of service in that court. In even numbered years, the petition must be filed in the Superior Court of DeKalb County and directed to the senior judge in time of service in that court. The court shall MONDAY, MARCH 27, 2006 4805 confirm the decision unless the decision is vacated by the court because the court finds that the rights of a party were prejudiced by: (A) Corruption, fraud, or misconduct in procuring the decision; (B) Partiality of an arbitrator appointed as a neutral; (C) An overstepping by the arbitrators of their authority or such imperfect execution of it that a final and definite decision upon the subject of such matter submitted was not made; or (D) The arbitrator's manifest disregard for the law. The judge's ruling in this enforcement proceeding shall bind the Authority and the authorized representative and there shall be no appeal from this decision. (10) Subject to any requirement imposed pursuant to Section 13 (c) of the Urban Mass Transportation Act of 1964, as amended, the Authority at all times shall have the right to determine the method, means, and personnel by which its operations are to be carried on, including the right to hire part-time employees. Upon vacating a decision, the court may order a rehearing and determination of all or any of the issues either before the same arbitrator or before a new arbitrator appointed as provided by this part. In any provision of an agreement limiting the time for a hearing or decision, time shall be measured from the date of such order or rehearing, whichever is appropriate, or a time may be specified by the court. (11) In enacting this subsection, the General Assembly recognizes that arbitration ousts the jurisdiction of the courts and declares that it is appropriate for the state to regulate any method of disputes resolution that takes place outside the judicial system. The Superior Court of Fulton County shall have equitable and legal jurisdiction to enforce this subsection. No employee of the Authority shall engage in any strike, sitdown, slow-down, walkout, or other concerted cessation or curtailment of work, and no authorized representative of employees of the Authority shall cause, instigate, encourage, promote or condone any strike, sit-down, slow-down, walkout, or other concerted cessation or curtailment of work by any employee of the Authority. The Authority shall not unilaterally increase, decrease, or otherwise change the wages, including accrued cost-of-living allowances, or fringe benefits of represented employees as of the last day of an expired contract pending the establishment of new wages and fringe benefits by negotiation or judicial determination interest arbitration. (12) Subject to any requirement imposed pursuant to Section 13 (c) of the Urban Mass Transportation Act of 1964, as amended, the Authority at all times shall have the right to determine the method, means, and personnel by which its operations are to be carried on, including the right to hire part-time employees. (c) All provisions of general law applicable to the records and documents of counties and municipalities and public access thereto shall be fully applicable to the records and documents of the Authority. The Board shall make reasonable rules and regulations concerning access to its records and documents and may charge reasonable fees for copies on or certifications thereof. (d) As to copies of financial reports and documents under Section 16, budget reports and documents under Section 17, engineering reports and documents under Section 18, 4806 JOURNAL OF THE HOUSE and proposed rapid transit contracts under Section 24, the Board may provide for the printing and distribution of a reasonable supply thereof to the public and may, in its discretion, require payment of a reasonable charge therefor." SECTION 3. Said Act is further amended by striking subsection (i) of Section 25 and inserting in its place the following: "(i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with the Metropolitan Atlanta Rapid Transit Authority as contemplated in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended; provided, however, that no more than fifty percent (50%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection, until January 1, 2002. For the period beginning January 1, 2002, and ending June 30, 2002; and for each fiscal year commencing thereafter until July 1, 2006; and the period beginning July 1, 2006, and ending December 31, 2006 2008, no more than fifty-five percent (55%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; and for the period beginning January 1, 2007 2009, and ending June 30, 2007 2009, and each fiscal year commencing thereafter until July 1, 2032, no more than fifty percent (50%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; except that if the Board of the Metropolitan Atlanta Rapid Transit Authority shall fail to file with the Metropolitan Atlanta Rapid Transit Overview Committee not later than December 31, 2002 annually, the original and 14 copies of a report of the findings of a completed management performance audit of the authority's Authority's current operations, which audit was performed under contract with and at the expense of the authority by the Georgia Regional Transportation Authority pursuant to paragraph (16) of subsection (a) of Code Section 50-32-11 of the O.C.G.A. Authority, along with any auditor's recommendations based thereon and the auditor's signed written verification that the Metropolitan Atlanta Rapid Transit Authority fully cooperated with such audit and allowed access to all its books, records, and documents to the extent the auditor deemed necessary, then for the period beginning January 1, 2003, and ending June 30, 2003, and each fiscal year commencing thereafter until July 1, 2032, no more than fifty percent (50%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. For each fiscal year commencing on or after July 1, 2032, no more than sixty percent (60%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; and commencing with July 1, 2032, and for every year thereafter, the proceeds of the tax shall not be used to subsidize operations of the transportation MONDAY, MARCH 27, 2006 4807 system to an extent greater than fifty percent (50%) of the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. In adopting its annual budget, the Board of the Metropolitan Atlanta Rapid Transit Authority shall be authorized to rely upon estimates of all revenues, operating costs, patronage, and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. If the results of any year's operations reflect that the proceeds of the tax were used to subsidize operations to an extent greater than herein provided, the Board shall adjust fares in order to make up the deficit in operations during a period of not to exceed three (3) succeeding years. If the results of operations in the Authority's fiscal year commencing July 1, 1980, or in any subsequent fiscal year reflect that the proceeds of the tax were not used to subsidize operations to the maximum extent herein provided, the Board may, in its sole discretion, shall reserve any amounts that could have been used to subsidize operations in that fiscal year and later use said reserved amounts and any interest earned on said reserved amounts to provide an additional subsidy for operations in any future fiscal year or years. The words 'operating costs of the system' for purposes of this subsection 25(i) are defined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating administrative costs of those divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but exclusive of the costs of the division or divisions directly involved and that portion of the nonoperating administrative costs of those divisions indirectly involved, in the planning, design, acquisition, construction, and improvement of the rapid transit system, according to accepted principles of accounting, and also exclusive of the following costs: (1) Nonrecurring costs and charges incurred in order to comply with any statute or regulation concerning either the protection or cleaning up of the environment, or accessibility by handicapped or disabled persons, or occupational health or safety, or compliance with any national or state emergencies, or with any judgment, decree, or order of any court or regulatory agency in implementation of any such statute or regulation; and (2) In the case of leases of equipment or facilities that, according to generally accepted principles of accounting, would not be classified as capital leases, payments of rent, and other payments for the property subject to such leases or for the use thereof; provided that any costs for regular maintenance or repair of such equipment or facilities shall not be excluded. If any proceeds of the tax levied pursuant to this Act are held for the purpose of planning, designing, acquiring, or constructing additional facilities or equipment for or improvements to the rapid transit system and are invested, then all interest earned from such investments shall be used only for such purposes or for paying the principal of or interest on bonds or certificates issued for such purposes. Commencing July 1, 1988, and until June 30, 2006 2008, and only if expressly authorized by the board, interest earned on reserve funds set aside for rebuilding, repairing, or renovating facilities of the rapid transit system; for replacing, repairing, or renovating equipment or other capital 4808 JOURNAL OF THE HOUSE assets thereof; or from the sale or other disposition of real property, may, without regard to the original source of the funds so reserved, be used to pay the operating costs of the system as such costs are defined in this subsection." SECTION 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 E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson 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 Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Y Hill, C.A Y Holmes Y Holt Horne Y Houston Y Howard, E 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 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 Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell E 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 Y Ralston Y Randall Y Ray Y Reece, B Reece, S Y Reese Rice Y Roberts Rogers Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens E 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 MONDAY, MARCH 27, 2006 4809 Y Cooper Y Cox Y Henson Y Hill, C Y Manning Y Marin Y Royal Y Rynders 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 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 Senate's insistence on its position in substituting the same: HB 1390. By Representative Ehrhart of the 36th: 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 change certain provisions relating to creation of the State Board of Optometry, its composition, and qualifications of its members; to change certain provisions relating to the terms of office of board members; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Ehrhart of the 36th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1390 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 Ehrhart of the 36th, Coan of the 101st, and Smith of the 168th. The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto: HB 1320. By Representatives Smith of the 70th, Burkhalter of the 50th, Ralston of the 7th, Willard of the 49th, Rice of the 51st and others: A BILL to be entitled an Act to extensively revise various provisions of the O.C.G.A. relating to littering and related environmental offenses; and for other purposes. 4810 JOURNAL OF THE HOUSE The following Senate substitute was read: A BILL To extensively revise various provisions relating to littering and related environmental offenses; to provide a short title; to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to change certain provisions relating to littering public and private property; to change certain provisions relating to waste control; to provide for impoundment of vehicles involved in certain littering offenses; to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections and primaries generally, so as to change certain provisions relating to prohibited placement of campaign posters, signs, and advertisements; to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to change certain provisions relating to definitions relative to solid waste; to provide for reports by the Department of Community Affairs concerning prevention and abatement of litter; to change certain provisions relating to definitions relative to hazardous waste management; to change certain provisions relating to definitions relative to hazardous site response; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for jurisdiction of certain courts over littering offenses; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for trial of certain littering offenses upon a summons or citation without an accusation; to change certain provisions relating to acceptance of cash bonds in lieu of statutory bond or recognizance by officers or officials authorized to enforce the "Litter Control Law"; to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads generally, so as to change certain provisions relating to securing loads on vehicles; to change certain provisions relating to erection, placement, or maintenance of an unlawful or unauthorized structure and removal thereof; to change certain provisions relating to littering highways; to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, so as to provide for jurisdiction over littering offenses; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to suspension or revocation of drivers licenses of habitually negligent or dangerous drivers and the points system; to provide for editorial revisions; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. This Act shall be known and may be cited as the "Comprehensive Litter Prevention and Abatement Act of 2006." MONDAY, MARCH 27, 2006 4811 PART II SECTION 2-1. Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by striking Part 2, relating to littering public and private property, and inserting in lieu thereof the following: "Part 2 16-7-40. This part shall be known and may be cited as the 'Litter Control Law.' Reserved. 16-7-41. Repealed. Reserved. 16-7-42. As used in this part, the term: (1) 'Litter' means all discarded sand, gravel, slag, brickbats, rubbish, waste material, tin cans, refuse, garbage, trash, debris, dead animals, or other discarded materials of every kind and description which are not waste as such term is defined in paragraph (6) of Code Section 16-7-51 any discarded or abandoned: (A) Refuse, rubbish, junk, or other waste material; or (B) Dead animals that are not subject to the provisions of Code Section 4-5-4. (2) 'Public or private property' means the right of way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; and residential or farm properties, timberlands, or forests; or any commercial or industrial property. 16-7-43. (a) It shall be unlawful for any person or persons to dump, deposit, throw, or leave or to cause or permit the dumping, depositing, placing, throwing, or leaving of litter on any public or private property in this state or any waters in this state, unless: (1) The property area is designated by the state or by any of its agencies or political subdivisions for the disposal of litter and the person is authorized by the proper public authority to so use such property area; (2) The litter is placed into a nondisposable litter receptacle or container installed on such property designed for the temporary storage of litter and located in an area designated by the owner or tenant in lawful possession of the property; or (3) The person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare. 4812 JOURNAL OF THE HOUSE (b)(1) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor. and, upon conviction thereof, shall be punished as follows: (1) By a fine of not less than $200.00 nor more than $1,200.00; and (2) In addition to the punishment provided under paragraph (1) of this subsection: (2)(A) In the sound discretion of the court, the person may be directed to pick up and remove from any public street or highway or public right of way for a distance not to exceed one mile any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or (B) In the sound discretion of the judge of the court, the person may be directed to pick up and remove from any public beach, public park, private right of way, or, with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence. (c) The court may publish the names of persons convicted of violating subsection (a) of this Code section. (d) Any county, municipality, consolidated government, or law enforcement agency thereof of this state which is empowered by Code Section 16-7-45 or other law to enforce the provisions of this Code section or local littering ordinances may, in its discretion, appoint any person who is a citizen of the United States, is of good moral character, and has not previously been convicted of a felony to enforce the provisions of this Code section or local littering ordinances within the county, or municipality, or consolidated government in which the appointing agency exercises jurisdiction. Each person appointed pursuant to this Code section shall take and subscribe an oath of office as prescribed by the appointing authority. Any person appointed and sworn pursuant to this subsection shall be authorized to enforce the provisions of this Code section or local littering ordinances in the same manner as any employee or law enforcement officer of this state or any county, or municipality, or consolidated government of this state subject to the limitations provided in subsections (e) and (f) of this Code section. (e) No person appointed pursuant to subsection (d) of this Code section shall be deemed a peace officer under the laws of this state or: (1) Be deemed to be an employee of or receive any compensation from the state, county, municipality, consolidated government, or appointing law enforcement agency; (2) Be required to complete any training or be certified pursuant to the requirements of Chapter 8 of Title 35; (3) Have the power or duty to enforce any other traffic or other criminal laws of the state, county, or municipality, or consolidated government; (4) Have the power to possess and carry firearms and other weapons for the purpose of enforcing the littering laws; or (5) Be entitled to any indemnification from the state, county, or municipality, or consolidated government for any injury or property damage sustained by such person MONDAY, MARCH 27, 2006 4813 as a result of attempting to enforce the littering laws of this state or any local government. (f) Notwithstanding any law to the contrary, neither the state nor any county, municipality, or other political subdivision consolidated government of this state or any department, agency, board, or officer of this state or any county, municipality, or political subdivision consolidated government of this state shall be liable or accountable for or on account of any act or omission of any person appointed pursuant to this Code section in connection with such person's enforcement of the provisions of this Code section or local littering ordinances. (g) It shall be unlawful for any person willfully to obstruct, resist, impede, or interfere with any person appointed pursuant to this Code section in connection with such person's enforcement of this Code section or local littering ordinances or to retaliate or discriminate in any manner against such person as a reprisal for any act or omission of such person. Any violation of this subsection shall be punishable as a misdemeanor. 16-7-44. (a) Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle, boat, airplane, or other conveyance in violation of Code Section 16-7-43, it shall be prima-facie evidence the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that the operator of the conveyance has violated this part. (b) Except as provided in subsection (a) of this Code section, whenever any litter which is dumped, deposited, thrown, or left on public or private property in violation of Code Section 16-7-43 is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon in such a manner as to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that such person has violated this part. 16-7-45. All law enforcement agencies, officers, and officials of this state or any political subdivision thereof or any enforcement agency, officer, or any official of any commission or authority of this state or any political subdivision thereof is authorized, empowered, and directed to enforce compliance with this part. 16-7-46. All public authorities and agencies having supervision of properties of this state are authorized, empowered, and instructed to establish and maintain receptacles for the deposit of litter at appropriate locations where the property is frequented by the public, to post signs directing persons to the receptacles and serving notice of the provisions of this part, and to otherwise publicize the availability of litter receptacles and requirements of this part. 4814 JOURNAL OF THE HOUSE 16-7-47. (a) As used in this Code section, the term 'household garbage' means animal, vegetable, and fruit refuse matter and other refuse matter ordinarily generated as by-products of a household or restaurant, such as tin cans, bottles, paper, cardboard, plastics, and wrapping or packaging materials. (b) The governing authority of each county, municipality, or consolidated government of this state which provides containers for the dumping of trash or garbage therein shall be authorized to designate any or all such containers as being suitable for the dumping therein of household garbage only. If a container is clearly marked 'household garbage only,' it shall be unlawful for any person to dump any refuse or other material into the container other than household garbage. (c) It shall be unlawful for any person to set fire to the contents of, indiscriminately scatter or disperse the contents of, or otherwise vandalize any containers provided by any county, municipality, or consolidated government for the dumping of trash or garbage. (d) Any person who violates subsection (b) or (c) of this Code section shall be guilty of a misdemeanor. 16-7-48. (a) Nothing in this part shall limit the authority of any state agency, county, municipality, or consolidated government to enforce any other laws, rules, or regulations relating to litter. (b) Nothing within this part shall be construed to prohibit the adoption of local ordinances regulating and controlling litter within the corporate limits of a municipality jurisdiction of any county, municipality, or consolidated government. Violation of such ordinances shall be punished as provided in the municipal charter or local ordinances." SECTION 2-2. Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by striking Part 3, relating to waste control, and inserting in lieu thereof the following: "Part 3 16-7-50. This part shall be known and may be cited as the 'Waste Control Law.' Reserved. 16-7-51. As used in this part, the term: (1) 'Biomedical waste' means that term as defined in paragraph (1.1) of Code Section 12-8-22 on January 1, 1993. (2) 'Commercial purpose' means for the purpose of economic gain. (3) 'Dump' means to throw, discard, place, deposit, discharge, burn, or dispose of a substance. MONDAY, MARCH 27, 2006 4815 (6)(4) 'Egregious litter' 'Waste' means all discarded substances and materials whatsoever litter, as such term is defined in paragraph (1) of Code Section 16-7-42, exceeding ten pounds in weight or 15 cubic feet in volume;, or any such discarded or abandoned substance in any weight or volume if biomedical waste, hazardous waste, or a hazardous substance, or; or any such substance or material dumped for commercial purposes. Such term includes, without limitation, sand; gravel; slag; brickbats; rubbish; waste material; tin cans; refuse; garbage; trash; debris; dead animals; bottles; boxes; containers; papers; tobacco products; tires; appliances; mechanical equipment or parts; building or construction materials; tools; machinery; wood; motor vehicles and motor vehicle parts; vessels; aircraft equipment; waste oil; batteries; antifreeze; sludge from a waste-water treatment facility, water supply treatment plant, or air pollution control facility; air contaminants from any source or facility; and any other discarded material or substance of every kind and description resulting from domestic, industrial, commercial, mining, or governmental operations. (4)(5) 'Hazardous substance' means that term as defined in paragraph (4) of Code Section 12-8-92 on January 1, 1993. (5)(6) 'Hazardous waste' means that term as defined in paragraph (10) of Code Section 12-8-62 on January 1, 1993. 16-7-52. It shall be unlawful for any person to intentionally dump waste egregious litter unless authorized to do so by law or by a duly issued permit: (1) In or on any public highway, road, street, alley, or thoroughfare, including any portion of the right of way thereof, or on any other public lands except in containers or areas lawfully provided for such dumping; (2) In or on any fresh-water lake, river, canal, or stream or tidal or coastal water of the state; or (3) In or on any private property, unless prior consent of the owner has been given and unless such dumping will not adversely affect the public health and is not in violation of any other state law, rule, or regulation. 16-7-53. (a) Any person who intentionally dumps waste egregious litter in violation of Code Section 16-7-52 in an amount not exceeding 500 pounds in weight or 100 cubic feet in volume which is not biomedical waste, hazardous waste, or a hazardous substance and not for commercial purposes shall be guilty of a misdemeanor of a high and aggravated nature. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation. (b) Any person who intentionally dumps waste egregious litter in violation of Code Section 16-7-52 in an amount exceeding 500 pounds in weight or 100 cubic feet in volume which is not biomedical waste, hazardous waste, or a hazardous substance and not for commercial purposes shall upon the first offense be guilty of a misdemeanor of a high and aggravated nature and shall upon. Upon the second and each subsequent 4816 JOURNAL OF THE HOUSE offense such person shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each violation or imprisoned for not more than two five years, or both; provided, however, that the portion of any term of imprisonment exceeding two years shall be probated conditioned upon payment of a fine imposed under this subsection. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation. (c) Any person who intentionally dumps waste egregious litter in violation of Code Section 16-7-52 in any quantity if the waste substance is biomedical waste, hazardous waste, or a hazardous substance or if the dumping is for commercial purposes shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each violation or imprisoned for not more than two five years, or both; provided, however, that the portion of any term of imprisonment exceeding two years shall be probated conditioned upon payment of a fine imposed under this subsection. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation. (d) In addition to the penalties provided in subsections (a) and (b) of this Code section, the court may order the violator to remove or render harmless any waste egregious litter dumped in violation of Code Section 16-7-52, repair or restore property damaged by or pay damages resulting from such dumping, or perform public service related to the removal of illegally dumped waste egregious litter or to the restoration of an area polluted by such waste substance. (e)(1) The court shall cause to be published a notice of conviction for each person convicted of violating any provision of this Code section. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of a nonresident, in the legal organ of the county in which the person was convicted. Such notice of conviction shall contain the name and address of the convicted person; date, time, and place of arrest; and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed the cost of publication of such notice, and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section. (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith. 16-7-53.1. (a) Whenever a person has been arrested for a violation of Code Section 16-7-52 committed while driving, moving, or operating a vehicle, the arresting law enforcement agency may impound the vehicle that the person was driving, moving, or operating at MONDAY, MARCH 27, 2006 4817 the time of arrest until such time as the arrestee claiming the vehicle meets the conditions for release in subsection (b) of this Code section or a person other than the arrestee meets the conditions for release in subsection (c) of this Code section. (b) A vehicle impounded pursuant to this Code section shall not be released unless the person claiming the vehicle: (1) Presents a valid driver's license, proof of ownership or lawful authority to operate the motor vehicle, and proof of valid motor vehicle insurance for that vehicle; and (2) Is able to operate the vehicle in a safe manner and would not be in violation of Title 40. (c) A vehicle impounded pursuant to this Code section may be released to a person other than the arrestee only if: (1) The vehicle is not owned or leased by the person under arrest and the person who owns or leases the vehicle claims the vehicle and meets the conditions for release in subsection (b) of this Code section; or (2) The vehicle is owned or leased by the arrestee, the arrestee gives written permission to another person to operate the vehicle, and the conditions for release in subsection (b) of this Code section are met. (d) A law enforcement agency impounding a vehicle pursuant to this Code section may charge a reasonable fee for towing and storage of the vehicle. The law enforcement agency may retain custody of the vehicle until that fee is paid. 16-7-54. Whenever any waste egregious litter which is dumped in violation of Code Section 167-52 is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon, addressed to such person or in any other manner indicating that the article belongs or belonged to such person, it shall be a rebuttable presumption the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that such person has violated this part. 16-7-55. (a) Nothing in this part shall limit the authority of any state agency, county, municipality, or consolidated government to enforce any other laws, rules, or regulations relating to waste egregious litter or the management of solid, biomedical, or hazardous waste. (b) Nothing within this part shall be construed to prohibit the adoption of local ordinances regulating and controlling egregious litter within the jurisdiction of any county, municipality, or consolidated government. Violation of such ordinances shall be punished as provided in the municipal charter or local ordinances. 16-7-56. Nothing in this part shall be construed so as to repeal, supersede, amend, or modify any provision of Title 12." 4818 JOURNAL OF THE HOUSE SECTION 2-3. Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections and primaries generally, and Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, are amended by striking Code Section 21-2-3, relating to prohibited placement of campaign posters, signs, and advertisements, and inserting in lieu thereof in said Article 2 of Chapter 7 of Title 16 the following: "Part 3A 21-2-3 16-7-58. (a) It shall be unlawful for any person to place campaign posters, signs, and or advertisements: (1) Within the right of way of any public streets, roads, or highways; (2)(1) On any public property or building, unless the owner thereof or the occupier as authorized by such owner has given permission to place such posters, signs, or advertisements on such property; provided, however, that signs within the rights of way of public roads shall be governed by Code Section 32-6-51; (3)(2) On any private property unless the owner thereof or the occupier as authorized by such owner has given permission to place such campaign posters, signs, and or advertisements on such property; or (4) Reserved; (5)(3) On any property zoned for commercial or industrial uses if the placement of such campaign posters, signs, and or advertisements conflicts with any zoning laws or ordinances. (b) Any poster, sign, or advertisement placed in violation of paragraph (1) of subsection (a) of this Code section is declared to be a public nuisance, and the officials having jurisdiction of the public property or building, including without limitation law enforcement officers, may remove or direct the removal of the same. (c) Each poster, sign, or advertisement placed in violation of this Code section shall constitute a separate offense. (b)(d) Any person who violates this Code section shall be guilty of a misdemeanor shall be punished the same as for littering under Code Section 16-7-43." PART III SECTION 3-1. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by striking paragraph (1.1) of Code Section 12-8-22, relating to definitions relative to solid waste, and inserting in lieu thereof the following: "(1.1) 'Biomedical waste' means pathological waste, biological waste cultures and stocks of infectious agents and associated biologicals, contaminated animal carcasses (body parts, their bedding, and other wastes from such animals), sharps, MONDAY, MARCH 27, 2006 4819 chemotherapy waste, discarded medical equipment and parts, not including expendable supplies and materials which have not been decontaminated, as further defined in Rule 391-3-4-.15 of the board as such rule existed on January 1, 2006, and other such waste materials." SECTION 3-2. Said chapter is further amended in Code Section 12-8-31, relating to a solid waste management plan, by adding a new subsection to read as follows: "(e) By December 31, 2006, and annually thereafter, the Department of Community Affairs, as part of the annual solid waste report required in subsection (d) of this Code section and in cooperation with state agencies and other entities involved in litter prevention or abatement, shall report to the Governor and the General Assembly the status of litter prevention and abatement in this state. The litter report shall include but not be limited to: (1) An itemization of expenditures made from the Solid Waste Trust Fund for the prevention and abatement of litter; (2) A compilation and analysis of litter prevention, collection, and enforcement efforts; (3) An assessment of littering in this state; (4) A statement of progress in achieving a litter prevention ethic; and (5) Recommendations for improving litter abatement and prevention efforts." SECTION 3-3. Said chapter is further amended by striking paragraph (10) of Code Section 12-8-62, relating to definitions relative to hazardous waste management, and inserting in lieu thereof the following: "(10) 'Hazardous waste' means any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1996 January 1, 2006, codified as 40 C.F.R. Section 261.3 and any designated hazardous waste." SECTION 3-4. Said chapter is further amended by striking paragraph (4) of Code Section 12-8-92, relating to definitions relative to hazardous site response, and inserting in lieu thereof the following: "(4) 'Hazardous substance' means any substance listed on the List of Hazardous Substances and Reportable Quantities, codified as 40 C.F.R., Part 302, Table 302.4, in force and effect on February 1, 1996, or any substance listed on the List of Extremely Hazardous Substances and Their Threshold Planning Quantities, codified as 40 C.F.R., Part 355, Appendix A, in force and effect on February 1, 1996 January 1, 2006." 4820 JOURNAL OF THE HOUSE SECTION 3-5. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new Code section to read as follows: "15-9-30.7. (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations. (b) A probate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled." SECTION 3-6. Said title is further amended by adding a new Code section to read as follows: "15-10-2.1. (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the magistrate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations. (b) A magistrate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled." SECTION 3-7. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-6-9, relating to acceptance of cash bonds in lieu of statutory bond or recognizance by officers or officials authorized to enforce the "Litter Control Law," and inserting in lieu thereof the following: "17-6-9. Any law enforcement officer or official of a political subdivision of this state who is authorized to enforce Part 2 of Article 2 of Chapter 7 of Title 16, the 'Litter Control MONDAY, MARCH 27, 2006 4821 Law,' and who is authorized by the judge having jurisdiction of the offense to accept cash bonds may accept a cash bond for the personal appearance at trial of the person arrested in lieu of a statutory bond or recognizance. The procedures connected with such cash bonds, including, but not limited to, duties of the arresting officer, forfeiture, distribution of proceeds, and discretion of court as to disposal of the cash bond, shall be the same procedures applicable to arrest by a sheriff for a violation of any litter law." SECTION 3-8. Said title is further amended by adding a new Code section to read as follows: "17-7-73. In probate, magistrate, and municipal courts that have jurisdiction over violations of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that are punishable as misdemeanors in accordance with Code Section 15-9-30.7, 15-10-2.1, or 36-32-10.3 such offenses may be tried upon a summons or citation with or without an accusation." SECTION 3-9. Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads generally, and Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, are amended by striking Code Section 32-6-21, relating to securing loads on vehicles, and inserting in lieu thereof in said Title 40 the following: "32-6-21 40-6-248.1. (a) As used in this Code section, the term 'litter' has the meaning provided by paragraph (1) of Code Section 16-7-42. (a)(a.1) No vehicle shall be driven or moved on any public road unless such vehicle is constructed or loaded or covered so as to prevent any of its load from dropping, escaping, or shifting in such a manner as to create: (1) Create a safety hazard; or (2) Deposit litter on public or private property while such vehicle is on a public road. However, this Code section shall not prohibit the necessary spreading of any substance in public road maintenance or construction operations. (b) No person shall operate or load for operation, on any public road, any vehicle with any load unless such load and any covering thereon is securely fastened so as to prevent said covering or load from becoming: (1) Becoming loose, detached, or in any manner becoming a hazard to other users of the public road; or (2) Depositing litter on public or private property while such vehicle is on a public road. (c) Nothing in this Code section nor any regulations based thereon shall conflict with federal, Georgia Public Service Commission, or Georgia Board of Public Safety regulations applying to the securing of loads on motor vehicles. 4822 JOURNAL OF THE HOUSE (d) The provisions of paragraph (2) of subsection (a) and paragraph (2) of subsection (b) of this Code section and regulations based thereon shall not apply to vehicles carrying organic debris that escapes during the transportation of silage from field or farm to storage and storage to feedlot or vehicles or equipment carrying unginned cotton during the transportation of agricultural or farm products or silvicultural products from farm or forest to a processing plant or point of sale or use." SECTION 3-10. Said chapter is further amended by striking Code Section 32-6-51, relating to erection, placement, or maintenance of unlawful or unauthorized structure and removal thereof, and inserting in lieu thereof the following: "32-6-51. (a)(1) It shall be unlawful for any person to erect, place, or maintain within the dedicated right of way of any public road any sign, signal, or other device except as authorized by this subsection or subsection (d) of this Code section or as required or authorized by Code Section 32-6-50 or any other law. (2) The erection, placement, and maintenance of signs within the dedicated rights of way of county roads or municipal streets may be authorized and governed by ordinances adopted by governing authorities of counties and municipalities having jurisdiction over such roads or streets, which ordinances as to such dedicated rights of way of county roads or municipal streets may be as or less restrictive than the provisions of paragraph (1) of this subsection. (b) It shall be unlawful for any person to erect, place, or maintain in a place or position visible from any public road any unauthorized sign, signal, device, or other structure which: (1) Imitates, resembles, or purports to be an official traffic-control device; (2) Hides from view or interferes with the effectiveness of any official traffic-control device; (3) Obstructs a clear view from any public road to any other portion of such public road, to intersecting or adjoining public roads, or to property abutting such public road in such a manner as to constitute a hazard to traffic on such roads; or (4) Because of its nature, construction, or operation, constitutes a dangerous distraction to or interferes with the vision of drivers of motor vehicles. (c) Any sign, signal, device, or other structure erected, placed, or maintained on the dedicated right of way of any public road in violation of subsection (a) or (b) of this Code section or in violation of any ordinance adopted pursuant to subsection (a) of this Code section is declared to be a public nuisance, and the officials having jurisdiction of the public road affected may remove or direct the removal of the same. Where any sign, signal, device, or other structure is erected, placed, or maintained in violation of subsection (b) of this Code section, but not on the dedicated right of way of any public road, the officials having jurisdiction of the public road affected may order the removal of such structure by written notice to the owner of the structure or the owner of the land MONDAY, MARCH 27, 2006 4823 on which the structure is located. If such structure is not removed within 30 days after the giving of such order of removal, such officials are authorized to remove or cause to be removed such structure and to submit a statement of expenses incurred in the removal to the owner of the structure or to the owner of the land on which the structure is located. If payment or arrangement to make payment is not made within 60 days after the receipt of said statement, the department shall certify the amount thereof for collection to the Attorney General. (d)(1) As used in this subsection, the term: (A) 'Bus shelter' means a shelter or bench located at bus stops for the convenience of passengers of public transportation systems owned and operated by governmental units or public authorities or located on county or municipality rights of way for the convenience of residents. (B) 'Commercial advertisement advertisements' means a any printed or painted sign encouraging or promoting the purchase or use of goods or services but does not include campaign posters, signs, or advertisements prohibited by Code Section 212-3 signs on a bus shelter for which space has been rented or leased from the owner of such shelter. (2) Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained on the rights of way of public roads subject to the following conditions and requirements: (A) Any public transit system wishing to erect and maintain a bus shelter on the right of way of a state road shall apply to the department for a permit, and as a condition of the issuance of the permit, the department must approve the bus shelter building plans and the location of the bus shelter on the right of way; provided, however, that such approval is subject to any and all restrictions imposed by Title 23, U.S.C., and Title 23, Code of Federal Regulations relating to the federal-aid system. This paragraph shall entitle only public transit systems or their designated agents the right to be issued permits under this paragraph; (B) If the bus shelter is to be located on the right of way of a public road other than a state road within a county or municipality, application for permission to erect and maintain such shelter shall be made to the respective county or municipality. Such application shall conform to the county's and municipality's regulations governing the erection and maintenance of such structures. When the county or municipality is served by a public transit agency or authority, the applications for all bus shelters on routes of such agency or authority shall also be forwarded by the applicant to such transit agency or authority and subject to the approval of such agency or authority; and (C) As a condition of issuing a permit for the erection of a bus shelter on the right of way of a state road, the department shall require that the bus shelter shall be properly maintained and that its location shall meet minimum setback requirements as follows: 4824 JOURNAL OF THE HOUSE (i) Where a curb and gutter are present, there shall be a minimum of four feet clearance from the face of the curb to any portion of the bus shelter or the bus shelter shall be placed at the back of the existing concrete sidewalk; or (ii) Where no curb or gutter is present, the front of the bus shelter shall be at least ten feet from the edge of the main traveled roadway. (3) Any bus shelter erected and maintained on the right of way of a public road in violation of paragraph (2) of this subsection or in violation of the conditions of the permit issued by the department or in violation of the conditions of the consent of the county or municipality is declared to be a public nuisance and if it is determined to be a hazard to public safety by the department, county, or municipality, it may be removed or its removal may be ordered by the department or the governing authority of the respective county or municipality. In every case of removal of a bus shelter as a hazard to public safety by the department, a county, or a municipality, a good faith attempt shall be made to notify the owner of its removal. In such cases where the department, county, or municipality orders the removal of the bus shelter as a public nuisance, if such a bus shelter is not removed by its owner within 30 days after its owner has been issued a written order of removal by the department or the governing authority of the respective county or municipality, the department or the governing authority of the respective county or municipality may cause the bus shelter to be removed and submit a statement of expenses incurred in the removal to the owner of the bus shelter. In the case of a statement of expenses for removal of a shelter on a state road, if payment or arrangement to make payment is not made within 60 days after the receipt of such statement, the department shall certify the amount thereof to the Attorney General for collection. (4) The person to whom a permit has been issued for the erection and maintenance of a bus shelter on the right of way of a public road or who places such shelter on a public road other than a state road shall at all times assume all risks for the bus shelter and shall indemnify and hold harmless the State of Georgia, the department, and any county or municipality against all losses or damages resulting solely from the existence of the bus shelter. (5) Permits for shelters on state roads shall be issued under this subsection only to cities, counties, or public transportation authorities owning or operating public transportation systems or their designated agents. (e) Each sign erected, placed, or maintained in violation of paragraph (1) of subsection (a) of this Code section shall constitute a separate offense. (f) Any person who violates paragraph (1) of subsection (a) of this Code section shall be punished the same as for littering under Code Section 16-7-43. Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor." SECTION 3-11. Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, is amended by adding a new Code section to read as follows: MONDAY, MARCH 27, 2006 4825 "36-32-10.3. (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the municipal courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations. (b) A municipal court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled." SECTION 3-12. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-57, relating to suspension or revocation of drivers licenses of habitually negligent or dangerous drivers and the points system, by striking subparagraph (c)(1)(A) and inserting in lieu thereof the following: "(c)(1)(A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule: Aggressive driving......................................................................................... 6 points Reckless driving ............................................................................................ 4 points Unlawful passing of a school bus.................................................................. 6 points Improper passing on a hill or a curve ............................................................ 4 points Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour ............................................................................ 2 points Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour ............................................................................ 3 points Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour ............................................................................ 4 points Exceeding the speed limit by 34 miles per hour or more.............................. 6 points Disobedience of any traffic-control device or traffic officer ........................ 3 points Too fast for conditions................................................................................... 0 points Possessing an open container of an alcoholic beverage while Driving........................................................................................................... 2 points Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident ..................................................................................................... 2 points Violation of child safety restraint requirements, first offense.........................1 point Violation of child safety restraint requirements, second or subsequent offense......................................................................................... 2 points 4826 JOURNAL OF THE HOUSE All other moving traffic violations which are not speed limit Violations .....................................................................................................3 points" SECTION 3-13. Said title is further amended by striking Code Section 40-6-249, relating to littering highways, and inserting in lieu thereof the following: "40-6-249. A person Any person littering a highway in violation of Part 2 of Article 2 of Chapter 7 of Title 16, the 'Litter Control Law,' or driving, moving, or loading for operation a vehicle in violation of Code Section 40-6-248.1 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Code Section 16-7-43." PART IV SECTION 4-1. The Official Code of Georgia Annotated is amended by reserving the following former designations: (1) Code Section 32-6-21; and (2) Code Section 21-2-3. PART V SECTION 5-1. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of adopting local ordinances to become effective on or after July 1, 2006; and for all other purposes, this Act shall become effective on July 1, 2006. SECTION 5-2. 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 1320. 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 Crawford Y Cummings Y Davis Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell Y Sailor Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F MONDAY, MARCH 27, 2006 4827 Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter 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 Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster E Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Harbin Hatfield Y Heard, J E Heard, K Heckstall Y Hembree Henson Y Hill, C 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 Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin E 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 Rogers Y Royal Y Rynders Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens E 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 Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 156, nays 0. The motion prevailed. Representative Cooper of the 41st 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 1216. By Representatives Freeman of the 140th, Rice of the 51st, Porter of the 143rd, Talton of the 145th, Byrd of the 20th and others: 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 allow the use of properly equipped all-terrain vehicles by law enforcement agencies; 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 1216 by striking on line 15, page 1 the word "three" and inserting in its place the word "four". 4828 JOURNAL OF THE HOUSE Representative Freeman of the 140th moved that the House disagree to the Senate amendment to HB 1216. The motion prevailed. By unanimous consent, SB 510 was postponed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the House: HB 1318. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide authority to place vending machines on the premises of department facilities for the benefit of employees; to provide for employee benefit funds; to change certain provisions relating to the Board and Department of Corrections; to provide definitions; to provide a statement of legislative intent; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1403. By Representative Martin of the 47th: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to change certain provisions regarding procedures for certifying additional qualified municipalities; to provide 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 1335. By Representatives Day of the 163rd, Crawford of the 127th, Amerson of the 9th, Horne of the 71st, Hanner of the 148th and others: A BILL to be entitled an Act to amend Code Section 35-3-34.1 of the O.C.G.A., relating to the circumstances when an exonerated first offender's criminal record may be disclosed, so as to permit state or local law MONDAY, MARCH 27, 2006 4829 enforcement units to review first offender record information when hiring a law enforcement officer; to amend Code Section 42-8-63.1 of the O.C.G.A., relating to first offender probation discharges that disqualify individuals from employment, so as to permit consideration of such a discharge when employing a law enforcement officer; to change certain provisions relating to the disqualification of individuals from employment based on first offender probation discharge information and the disclosure of exonerated first offender records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1424. By Representatives Smith of the 168th, Williams of the 165th, Hatfield of the 177th, Sims of the 169th, Roberts of the 154th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife generally, so as to change certain provisions relating to hunting with dogs generally; to change certain provisions relating to killing of dogs running deer; to repeal conflicting laws; and for other purposes. The Senate has passed, by the requisite constitutional majority, the following bills of the House: HB 1444. By Representatives Maxwell of the 17th, Knox of the 24th, Meadows of the 5th, Forster of the 3rd and Lunsford of the 110th: A BILL to be entitled an Act to amend an Act approved May 2, 2005 (Ga. L. 2005, p. 563), so as to revise the applicability of certain sections of such Act to apply to insolvencies occurring on and after the effective date of the Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1484. By Representative Tumlin of the 38th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to clarify the circumstances under which an insurable interest exists with respect to personal insurance; to codify the common law with respect to certain insurable interests; to change certain provisions concerning prerequisites for replacement life insurance exceeding insurance being surrendered; to change special employee group provisions of group life insurance; to alter required policy provisions for group life insurance; to provide for related matters; to repeal conflicting laws; and for other purposes. 4830 JOURNAL OF THE HOUSE The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 1412. By Representatives Smith of the 168th, Mosley of the 178th, Stephens of the 164th, Royal of the 171st and Bridges of the 10th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, 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 require the use of clean and renewable fuels in certain vehicles operated by certain government entities under certain circumstances; to provide for legislative findings and declarations; 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 1170. By Representatives Parsons of the 42nd, Williams of the 4th, Hembree of the 67th, Heard of the 104th, Smith of the 70th and others: 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 change certain provisions relating to examination fees for application for certificate of registration; to repeal conflicting laws; and for other purposes. HB 1193. By Representatives Knight of the 126th, Rice of the 51st, Coleman of the 97th, Ralston of the 7th and Talton of the 145th: A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances, so as to prohibit owning or operating vehicles containing false or secret compartments; to prohibit installing false or secret compartments in a vehicle; to subject such vehicles to forfeiture; to provide a penalty for violations; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 1506. By Representatives Houston of the 170th, Burkhalter of the 50th, Ehrhart of the 36th, Royal of the 171st, Harbin of the 118th and others: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, MONDAY, MARCH 27, 2006 4831 collection, and assessment of state sales and use tax, so as to prohibit certain sales at any business location where the state revenue commissioner has revoked such business location's certificate of registration; to provide for criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate has disagreed to the House substitute to the following bill of the Senate: SB 288. By Senators Rogers of the 21st, Hamrick of the 30th and Hill of the 32nd: A BILL to be entitled an Act to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to enact the "Grade Integrity Act of 2005"; to provide that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner to change the grade of a student; to provide for an ethical violation reportable to the Professional Standards Commission; to provide for related matters; 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 1390. By Representative Ehrhart of the 36th: 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 change certain provisions relating to creation of the State Board of Optometry, its composition, and qualifications of its members; to change certain provisions relating to the terms of office of board members; 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: Balfour of the 9th, Pearson of the 51st, and Chance of the 16th. The Senate has adopted the report of the Committee of Conference on the following bill of the House: HB 1257. By Representatives Knox of the 24th, Maxwell of the 17th, Meadows of the 5th and Watson of the 91st: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselor's license; to provide for the 4832 JOURNAL OF THE HOUSE maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; 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 1044. By Representatives Cheokas of the 134th, Barnard of the 166th, Lane of the 158th, Lunsford of the 110th, Forster of the 3rd and others: A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide that part-time municipal and city court judges shall be treated as full-time judges for purposes of being exempt from certain state weapons requirements so that part-time judges shall be exempt in the same manner as full-time judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1248. By Representatives Williams of the 4th, Dickson of the 6th and Tumlin of the 38th: A BILL to be entitled an Act to amend Title 3 of the O.C.G.A., relating to alcoholic beverages, so as to provide for the comprehensive revision of provisions regarding alcoholic beverages; to change certain provisions regarding definitions; to change certain provisions regarding license or tax forms and filings; to change certain provisions regarding certain refunds or credits; to change certain provisions regarding limitations on credit; to change certain provisions regarding seizure and disposition of contraband; to change certain provisions regarding local government licensing powers; to change certain provisions regarding criminal penalties; to change certain provisions regarding license bonds; to change certain provisions regarding license or tax stamps; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1304. By Representatives Knox of the 24th, Brown of the 69th and Meadows of the 5th: A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to provide that neither the cash surrender values nor the proceeds of life insurance policies and annuity contracts shall be liable to attachment, garnishment, or legal process in favor of any creditor of the person for whose use or benefit the policy or contract was executed; to provide that the proceeds of life insurance policies that are payable to the MONDAY, MARCH 27, 2006 4833 insured's estate or executor, administrator, or assign shall become a part of the insured's estate to be administered as all other estate assets; to provide for the discharge from liability for any insurer for payments in accordance with such provisions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1490. By Representatives Burns of the 157th, Lane of the 158th and Jenkins of the 8th: A BILL to be entitled an Act to amend Code Section 12-3-10 of the O.C.G.A., relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally, so as to change certain provisions relating to prohibitions against having or using certain boats on state park lakes; to amend Code Section 16-970 of the O.C.G.A., relating to criminal use of an article with an altered identification mark, so as to include vessels within the applicability of said Code section; to amend Chapter 7 of Title 52 of the O.C.G.A., relating to the registration, operation, and sale of watercraft, so as to change certain provisions relating to definitions; to change certain provisions relating to requirement as to numbering of vessels; to provide for forfeiture proceedings; to provide penalties for violations; to provide for an effective date; to repeal conflicting laws; and for other purposes. Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. 4834 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Tuesday, March 28, 2006 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 E Anderson Ashe Barnard Bearden Benton E Borders Bridges Brooks Brown Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Byrd Casas Chambers Cheokas Cole Coleman, B Cooper Cox Crawford Cummings Davis Dickson Dodson Ehrhart England E Epps Everson E Floyd, H Floyd, J Franklin Freeman Gardner Geisinger E Golick Graves, T Greene Hatfield Heard, J E Heard, K Hembree E Henson Hill, C Holt Howard, E Hudson Hugley James Jamieson Jenkins Jennings Johnson Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Maddox Marin Martin Maxwell E McCall Meadows E Millar Mills Mitchell E Morgan Morris Mosley Mumford E Murphy, J Murphy, Q Neal O'Neal Parsons Porter Ralston Randall Reece, B Reece, S Rice Roberts Rogers Royal Rynders E Scheid Scott, A Scott, M Setzler Sheldon Sims, C Sims, F E Sinkfield Smith, L Smith, P Smith, T Smith, V Smyre E Stephenson Talton Teilhet Thomas, B 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 Abdul-Salaam of the 74th, Beasley-Teague of the 65th, Black of the 174th, Bordeaux of the 162nd, Butler of the 18th, Carter of the 159th, Channell of the 116th, Coleman of the 144th, Day of the 163rd, Dean of the 59th, Dollar of the 45th, Drenner of the 86th, Dukes of the 150th, Fludd of the 66th, Hanner of the 148th, Harbin of the 118th, Horne of the 71st, Houston of the 170th, Jackson of the 161st, Jones of the 46th, Jordan of the 77th, Lucas of the 139th, Manning of the 32nd, May of the 111th, Mosby of the 90th, Oliver of the 83rd, Orrock of the 58th, Parham of the 141st, Parrish of the 156th, Powell of the 29th, Sailor of the 93rd, Shaw of the 176th, Smith of the 113th, Smith of the 131st, Stanley-Turner of the 53rd, Thomas of the 55th, Tumlin of the 38th, Walker of the 107th, Willard of the 49th, and Wix of the 33rd. They wish to be recorded as present. TUESDAY, MARCH 28, 2006 4835 Prayer was offered by Dr. Virgil "Porky" Haynes, Central Baptist Church, Waycross, 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 Resolutions of the House were introduced, read the first time and referred to the Committees: HR 2039. By Representatives Mangham of the 94th, Mumford of the 95th, Stephenson of the 92nd and Sailor of the 93rd: A RESOLUTION creating the House Study Committee on the Restructuring of Rockdale County Government; and for other purposes. Referred to the Committee on Governmental Affairs. HR 2040. By Representatives Powell of the 29th, Shaw of the 176th, Yates of the 73rd, Jamieson of the 28th, Jacobs of the 80th and others: A RESOLUTION urging the United States Congress to eliminate the "widow's tax"; and for other purposes. 4836 JOURNAL OF THE HOUSE Referred to the Committee on Ways & Means. HR 2041. By Representatives Scheid of the 22nd, Franklin of the 43rd, Brown of the 69th, Lunsford of the 110th, Forster of the 3rd and others: A RESOLUTION proposing an amendment to the Constitution so as to abolish the office of Commissioner of Labor; to provide for the submission of this amendment for ratification or rejection; to provide effective dates; and for other purposes. Referred to the Committee on Industrial Relations. HR 2068. By Representatives Drenner of the 86th, Reese of the 98th, Gardner of the 57th and Thomas of the 100th: A RESOLUTION urging electric utilities to consider sustaining a 10 percent renewable portfolio standard before building new nuclear power plants in Georgia; and for other purposes. Referred to the Committee on Public Utilities & Telecommunications. By unanimous consent, the following Bills of the House and Senate were read the second time: HB 1664 SB 663 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 425 Do Pass, by Substitute Respectfully submitted, /s/ Lewis of the 15th Chairman Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report: TUESDAY, MARCH 28, 2006 4837 Mr. Speaker: Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 666 SB 667 SB 668 SB 669 SB 670 SB 671 SB 672 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass SB 673 SB 674 SB 675 SB 676 SB 677 SB 678 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 28, 2006 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule SB 415 SB 427 SB 455 SB 462 SB 503 SB 533 SB 534 HERO; provide surviving spouses shall be eligible students Public Retirement Systems Investment Authority Law; define terms; alternative investments Privacy; customer proprietary network information broker; obtain or release customer information; provide penalties; exceptions Sheriffs; authority of courthouse security; remove courthouses/jails from list of properties protected Ga. Public Defender Standards Council; legal services to indigent persons; change provisions Statutory Living Will Form; revise Trustee's Compensation schedule of conservators 4838 JOURNAL OF THE HOUSE SB 572 SB 588 SR 804 SR 954 SR 955 Medical Assistance Managed Care Fraud; establish; define crime; administrative hearings/appeals; change certain prov. Social Security Numbers; prohibit the use/display of; specified circumstances North Fulton Boundary Commission; create Performance Standards; ratifying the initial minimum standard; fiscal impact Performance Standards in Juvenile Court; ratifying the initial minimum standard; fiscal impact Modified Open Rule SB 610 Charter Schools; virtual/remote setting; computer/internet based instruction for students Modified Structured Rule SB 382 SB 419 Child Support; calculations; definitions; appeal process; change provisions (PF) Lottery Proceeds; provide method to recover delinquent child support payments; change certain provisions 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 Senate were taken up for consideration and read the third time: SB 666. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, particularly by an Act approved August 19, 1916 (Ga. L. 1916, p. 819), and an Act approved March 5, 1976 (Ga. L. 1976, p. 2820), and an Act approved May 22, 2003 (Ga. L. 2003, p. 3661), so as to provide for the TUESDAY, MARCH 28, 2006 4839 transaction of business of the city council; to establish a quorum and the votes necessary to pass or enact any matter; to provide for meetings of the city council and notice thereof; to provide for the duties and powers of the mayor; to provide for the temporary appointment of individuals to act as city manager under certain circumstances; to provide additional duties of the city manager; 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 667. By Senators Seay of the 34th and Starr of the 44th: A BILL to be entitled an Act to amend an Act providing for the appointment of the chief magistrate of Clayton County, approved March 26, 1984 (Ga. L. 1984, p. 4411), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4262), so as to provide a salary for the chief magistrate, 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 669. By Senators Seay of the 34th and Starr of the 44th: A BILL to be entitled an Act to make provisions related to the compensation of the judge of the juvenile court of the Clayton Judicial Circuit; to provide for the compensation of the judge from state funds and from funds of Clayton County; 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 670. 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. 4840 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 671. By Senators Seay of the 34th and Starr of the 44th: A BILL to be entitled an Act to amend an Act changing the composition and manner of selection of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 4130), so as to change the compensation of the chairperson and members of such 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 673. 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 674. 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. SB 675. 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 TUESDAY, MARCH 28, 2006 4841 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 report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 676. 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 677. 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 March 25, 1994 (Ga. L. 1994, p. 4138), and an Act approved April 16, 1999 (Ga. L. 1999, p. 4665), so as to provide for the salaries of the judges of the state court; to provide for the salary of the solicitor-general of the state court; to provide for a county supplement; to provide conditions 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 678. 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. 4842 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson E Anderson Ashe Y Barnard Barnes 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 Burkhalter Y Burmeister Y Burns Y Butler Byrd Y Carter Y Casas Y Chambers Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Davis Day Dean Y Dickson Y Dodson Dollar Drenner Dukes Y Ehrhart Y England E Epps Y Everson Fleming E Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Graves, D Graves, T Y Greene Hanner Harbin Hatfield Heard, J E Heard, K Heckstall Hembree Henson Y Hill, C Y Hill, C.A Holmes Holt Y Horne Houston Y Howard, E Y Hudson Y Hugley Jackson Jacobs Y James Y Jamieson Y Jenkins Jennings Y Johnson Jones, J Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Lakly Y Lane, B Y Lane, R Lewis Y Lindsey Y Lord Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Manning Marin Y Martin Y Maxwell May E McCall McClinton Y Meadows E Millar E Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mosley Mumford E 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 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 Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Smith, V Y Smyre Y Stanley-Turner Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Tumlin Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Wix Yates Richardson, Speaker On the passage of the Bills, the ayes were 110, nays 0. The Bills, having received the requisite constitutional majority, were passed. TUESDAY, MARCH 28, 2006 4843 Representatives Byrd of the 20th, Channell of the 116th, Dukes of the 150th, Lewis of the 15th 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. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House: HB 1302. By Representatives Casas of the 103rd, Fleming of the 117th, Everson of the 106th, Coan of the 101st, Reese of the 98th and others: A BILL to be entitled an Act to provide for public safety measures for and from young people; to amend Chapter 15 of Title 16 of the O.C.G.A., the "Georgia Street Gang Terrorism and Prevention Act," so as to change certain definitions; to change certain provisions relating to the prohibition against participation in criminal street gang activity; to provide for enhanced penalties for participation in criminal street gang activity; to provide for the admissibility of certain evidence at trial; to amend Title 20 of the O.C.G.A., relating to education, so as to change certain provisions relating to failure to leave school premises after being requested to leave; to change certain provisions relating to check-in requirements and exceptions; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1501. By Representatives Lindsey of the 54th and Wilkinson of the 52nd: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change provisions relating to the maximum fines which may be imposed for violations of county ordinances and which may be imposed by municipal courts; to change provisions relating to the maximum fines which may be specified by municipalities exercising home rule powers; to specifically authorize counties and municipalities to adopt ordinances relating to alcoholic beverages specifying fines up to a certain maximum amount; to provide for such provisions to control over conflicting provisions of local laws; to provide for related matters; to repeal conflicting laws; and for other purposes. 4844 JOURNAL OF THE HOUSE The following members were recognized during the period of Morning Orders and addressed the House: Horne of the 71st and Buckner of the 76th. The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon: 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 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. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 912 The Committee of Conference on HB 912 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 912 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Preston W. Smith Senator, 52nd District /s/ Larry O'Neal Representative, 146th District /s/ Bill Hamrick Senator, 30th District /s/ J. Mark Hatfield Representative, 177th District /s/ Seth Harp Senator, 29th District /s/ Barry Fleming Representative, 117th District A BILL To amend Titles 9 and 31 of the Official Code of Georgia Annotated, relating to civil TUESDAY, MARCH 28, 2006 4845 practice and health, respectively, so as to change certain provisions relating to civil procedure and discovery; to provide for production of certain documents including health records; to change certain provisions relating to applicability to nonparties; to provide that when a nonparty is not served with an objection and the nonparty produces records, the nonparty shall be immune from regulatory, civil, or criminal liability for disclosing confidential information; to change certain provisions relating to confidentiality; to change certain provisions relating to furnishing a copy of records to patient, provider, or other authorized person; to provide for compliance with the federal Health Insurance Portability and Accountability Act of 1996; to provide for a time period in which records shall be produced in response to a valid request; 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 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking Code Section 9-10-150, relating to continuances for legislators and legislative staff, and inserting in its place a new Code section to read as follows: "9-10-150. A member of the General Assembly who is a party to or the attorney for a party to a case, or any member of the staff of the Lieutenant Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Speaker Pro Tempore of the House of Representatives, or the chairperson of the Judiciary Committee or Special Judiciary Committee of either the Senate or the House of Representatives who is the lead counsel for a party to a case pending in any trial or appellate court or before any administrative agency of this state, shall be granted a continuance and stay of the case. The continuance and stay shall apply to all aspects of the case, including, but not limited to, the filing and serving of an answer to a complaint, the making of any discovery or motion, or of any response to any subpoena, discovery, or motion, and appearance at any hearing, trial, or argument. Unless a shorter length of time is requested by the member, the continuance and stay shall last the length of any regular or extraordinary session of the General Assembly and during the first three weeks following any recess or adjournment including an adjournment sine die of any regular or extraordinary session. A continuance and stay shall also be granted for such other times as the member of the General Assembly or staff member certifies to the court that his or her presence elsewhere is required by his or her duties with the General Assembly. Notwithstanding any other provision of law, rule of court, or administrative rule or regulation, the time for doing any act in the case which is delayed by the continuance provided by this Code section shall be automatically extended by the same length of time as the continuance or stay covered." SECTION 2. Said Title 9 is further amended in Code Section 9-11-34, relating to production of 4846 JOURNAL OF THE HOUSE documents and things and entry upon land for inspection and other purposes, by striking subsections (c) and (d) and inserting in lieu thereof the following: "(c) Applicability to nonparties. (1) This Code section shall also be applicable with respect to discovery against persons, firms, or corporations who are not parties, in which event a copy of the request shall be served upon all parties of record; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written questions under Code Section 9-1130 or 9-11-31. The nonparty or any party may file an objection as provided in subsection (b) of this Code section. If the party desiring such discovery moves for an order under subsection (a) of Code Section 9-11-37 to compel discovery, he or she shall make a showing of good cause to support his or her motion. The party making a request under this Code section shall, upon request from any other party to the action, make all reasonable efforts to cause all information produced in response to the nonparty request to be made available to all parties. A reasonable document copying charge may be required. (2) This Code section shall also be applicable with respect to discovery against a nonparty who is a practitioner of the healing arts or a hospital or health care facility, including those operated by an agency or bureau of the state or other governmental unit. Where such a request is directed to such a nonparty, a copy of the request shall be served upon the person whose records are sought by certified mail or statutory overnight delivery, return receipt requested, or, if known, that person's counsel, and upon all other parties of record, and in compliance with Code Section 9-11-5; where such a request to such a nonparty seeks the records of a person who is not a party, a copy of the request shall be served upon all parties of record, the person whose records are sought, and, by certified mail or statutory overnight delivery, return receipt requested, or, if known, that person's counsel by certified mail or statutory overnight delivery, return receipt requested, and upon all parties of record in compliance with Code Section 9-11-5; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written questions under Code Section 9-11-30 or 9-11-31. The nonparty, any party, or the person whose records are sought may file an objection with the court in which the action is pending within 20 days of service of the request and shall serve a copy of such objection on the nonparty to whom the request is directed, who shall not furnish the requested materials until further order of the court, and on all other parties to the action. Upon the filing of such objection, the party desiring such discovery may move for an order under subsection (a) of Code Section 9-11-37 to compel discovery and, if he or she shall make a showing of good cause to support his or her motion, discovery shall be allowed. If no objection is filed within ten 20 days of service of the request, the nonparty to whom the request is directed shall promptly comply therewith. (3) For any discovery requested from a nonparty pursuant to paragraph (2) of this subsection or a subpoena requesting records from a nonparty pursuant to Code TUESDAY, MARCH 28, 2006 4847 Section 9-11-45, when the nonparty to whom the discovery request is made is not served with an objection and the nonparty produces the requested records, the nonparty shall be immune from regulatory, civil, or criminal liability or damages notwithstanding that the produced documents contained confidential or privileged information. (d) Confidentiality. The provisions of this Code section shall not be deemed to repeal the confidentiality provided by Code Sections 37-3-166 concerning mental illness treatment records, 37-4-125 concerning mental retardation treatment records, and 37-7166 concerning alcohol and drug treatment records, 24-9-40.1 concerning the confidential nature of AIDS information, and 24-9-47 concerning the disclosure of AIDS information; provided, however, that a person's failure to object to the production of documents as set forth in paragraph (2) of subsection (c) of this Code section shall waive any right of recovery for damages as to the nonparty for disclosure of the requested documents." SECTION 3. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking subsections (a) and (b) of Code Section 31-33-2, relating to furnishing a copy of records to patient, provider, or other authorized person, and inserting in their place the following: "(a)(1)(A) A provider having custody and control of any evaluation, diagnosis, prognosis, laboratory report, or biopsy slide in a patient's record shall retain such item for a period of not less than ten years from the date such item was created. (B) The requirements of subparagraph (A) of this paragraph shall not apply to: (i) An individual provider who has retired from or sold his or her professional practice if such provider has notified the patient of such retirement or sale and offered to provide such items in the patient's record or copies thereof to another provider of the patient's choice and, if the patient so requests, to the patient; or (ii) A hospital which is an institution as defined in subparagraph (B) of paragraph (1) of Code Section 31-7-1, which shall retain patient records in accordance with rules and regulations for hospitals as issued by the department pursuant to Code Section 31-7-2. (2) Upon written request from the patient or a person authorized to have access to the patient's record under a health care power of attorney for such patient, the provider having custody and control of the patient's record shall furnish a complete and current copy of that record, in accordance with the provisions of this Code section. If the patient is deceased, such request may be made by a person authorized immediately prior to the decedent's death to have access to the patient's record under a health care power of attorney for such patient; the executor, temporary executor, administrator, or temporary administrator for the decedent's estate; or any survivor, as defined by Code Sections 51-4-2, 51-4-4, and 51-4-5. the following persons: (A) The executor, administrator, or temporary administrator for the decedent's estate if such person has been appointed; 4848 JOURNAL OF THE HOUSE (B) If an executor, administrator, or temporary administrator for the decedent's estate has not been appointed, by the surviving spouse; (C) If there is no surviving spouse, by any surviving child; (D) If there is no surviving child, any parent. (b) Any record requested under subsection (a) of this Code section shall, within 30 days of the receipt of a request for records be furnished within a reasonable period of time to the patient, any other provider designated by the patient, any person authorized by paragraph (2) of subsection (a) of this Code section to request a patient's or deceased patient's medical records, or any other person designated by the patient. Such record request shall be accompanied by: (1) An authorization in compliance with the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Section 1320d-2, et seq., and regulations implementing such act; and (2) A signed written authorization as specified in subsection (d) of this Code Section." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Fleming of the 117th moved that the House adopt the report of the Committee of Conference on HB 912. 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 Beasley-Teague Y Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Dukes Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Jordan Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Martin Y Maxwell Y May E McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Morgan Y Morris Y 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 Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Teilhet Thomas, A.M Y Thomas, B Y Tumlin TUESDAY, MARCH 28, 2006 4849 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 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 Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Ralston Y Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Walker Y Warren Y Watson Y Wilkinson Willard Williams, A Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 147, nays 0. The motion prevailed. Representatives Dukes of the 150th, Keen of the 179th, and Williams of the 89th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1032. By Representatives Lunsford of the 110th, Ralston of the 7th, Forster of the 3rd, England of the 108th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide for certain restrictions on the issuance of such permit; to provide for a background check for permit renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; 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 HB 1032 The Committee of Conference on HB 1032 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1032 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Mitch Seabaugh Senator, 28th District /s/ Lunsford Representative, 110th District 4850 JOURNAL OF THE HOUSE /s/ Wiles Senator, 37th District /s/ David Ralston Representative, 7th District /s/ Chip Rogers Senator, 21st District /s/ Barry Fleming Representative, 117th District A BILL To amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide that any person who is prohibited from possessing firearms pursuant to federal law may not be issued such a permit; to provide for a background check using the Federal Bureau of Investigation's National Instant Criminal Background Check System for permit issuances and renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, is amended by striking in their entirety subsections (a) through (d) and inserting in lieu thereof the following: "(a) Application for license or renewal license; term. The judge of the probate court of each county may, on application under oath and on payment of a fee of $15.00, issue a license or renewal license valid for a period of five years to any person whose domicile is in that county or who is on active duty with the United States armed forces and who is not a domiciliary of this state but who either resides in that county or on a military reservation located in whole or in part in that county at the time of such application, which license or renewal license shall authorize that person to carry any pistol or revolver in any county of this state notwithstanding any change in that person's county of residence or state of domicile. Applicants shall submit the application for a license or renewal license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license or renewal license. An applicant who is not a United States citizen shall provide sufficient personal identifying data, including without limitation his or her place of birth and United States issued alien or admission number, as the Georgia Bureau of Investigation may prescribe by rule or regulation. An applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section, including citizenship, but shall not require data which is nonpertinent or irrelevant such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the TUESDAY, MARCH 28, 2006 4851 applicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within the state at no cost. (b) Licensing exceptions. No license or renewal license shall be granted to: (1) Any person who is prohibited from possessing firearms pursuant to 18 U.S.C. Section 922; (1.1) Any person under 21 years of age; (2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated; (3) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation or any person who has been convicted of a forcible misdemeanor and has not been free of all restraint or supervision in connection therewith for at least five years or any person who has been convicted of a violation of Code Section 1611-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application; (4) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his or her application. The probate judge may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether a license to carry a pistol or revolver should be issued. When such a waiver is required by the probate judge, the applicant shall pay to the probate judge a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Human Resources, which the probate judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the license or renewal license; or (5)(A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug. (B) As used in this paragraph, the term: 4852 JOURNAL OF THE HOUSE (i) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (ii) 'Convicted' means a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief. (iii) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71.; or (6) Any person not lawfully present in the United States. (c) Fingerprinting. (1) Following completion of the application for a license or the renewal of a license, the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county with the completed application. The appropriate local law enforcement agency in each county shall then make two sets of classifiable capture the fingerprints of the applicant for a license or renewal license to carry a pistol or revolver, place the fingerprint required by subsection (f) of this Code section on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court, and place the name of the applicant on the blank license form. The law enforcement agency shall be entitled to a fee of $5.00 from the applicant for its services in connection with the application. (2) In the case of each applicant who is applying for a license under this Code section for the first time, the judge of the probate court shall direct the law enforcement agency to transmit one set of the applicant's fingerprints to the Georgia Crime Information Center for a search of the Federal Bureau of Investigation records and an appropriate report. In such cases, the applicant shall submit an additional fee in an amount established by the Georgia Bureau of Investigation but not to exceed $30.00 for a search of records of the Federal Bureau of Investigation and an appropriate report, payable in such form as the judge may direct, to cover the cost of the records search. (3) Applications for renewal of licenses issued under this Code section shall be made to the judge of the probate court of the county in which the applicant is domiciled or, if the applicant is a member of the United States armed forces, the county in which he or she resides or in which the military reservation on which the applicant resides is located in whole or in part at the time of making the renewal application. In the case of an applicant for a renewal of a license, the judge of the probate court may, in his or her discretion, direct that the local county law enforcement agency request a search of the criminal history file and wanted persons file of the Georgia Crime Information Center by computer access from that county in lieu of transmitting the application and forms. (d) Investigation of applicant; issuance of license; renewal. Each law enforcement agency, upon receiving such applications and obtaining such fingerprints, shall TUESDAY, MARCH 28, 2006 4853 promptly conduct a thorough search of its records and records to which it has access and (1) For both license applications and requests for license renewals, the judge of the probate court shall direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court. Fingerprints shall be in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation. The Georgia Bureau of Investigation may charge such fee as is necessary to cover the cost of the records search. (2) For both license applications and requests for license renewals, the judge of the probate court shall also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigation's National Instant Criminal Background Check System and return an appropriate report to the probate judge. (3) When a person who is not a United States citizen applies for a license or renewal of a license under this Code section, the judge of the probate court shall direct the law enforcement agency to conduct a search of the records maintained by the United States Bureau of Immigration and Customs Enforcement. As a condition to the issuance of a license or the renewal of a license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). (4) The law enforcement agency shall notify the judge of the probate court within 50 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than 60 days after the date of the application the judge of the probate court shall issue the applicant a license or renewal license to carry any pistol or revolver if no facts establishing ineligibility have been reported and if the judge determines the applicant has met all the qualifications, is of good moral character, and has complied with all the requirements contained in this Code section." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Representative Lunsford of the 110th moved that the House adopt the report of the Committee of Conference on HB 1032. On the motion, the roll call was ordered and the vote was as follows: 4854 JOURNAL OF THE HOUSE Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y 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 Maxwell Y May E McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Mosby Y Mosley Mumford Y Murphy, J Y Murphy, Q Neal Y Oliver 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 Y Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Sims, C Y Sims, F E 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 Wilkinson Willard Y Williams, A Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 145, nays 0. The motion prevailed. Representatives Dukes of the 150th and Williams of the 89th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1059. By Representatives Keen of the 179th, Ralston of the 7th, Burkhalter of the 50th, Freeman of the 140th, Thomas of the 55th and others: A BILL to be entitled an Act to amend Titles 16, 17, 35, and 42 of the O.C.G.A., relating respectively to crimes and offenses, criminal procedure, TUESDAY, MARCH 28, 2006 4855 law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and areas where certain offenders can reside as it affects sexual offenders; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to reorganize and change provisions related to the State Sexual Offender Registry; to provide for other 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 1059 The Committee of Conference on HB 1059 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1059 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Bill Hamrick Senator, 30th District /s/ Jerry Keen Representative, 179th District /s/ Seth Harp Senator, 29th District /s/ David Ralston Representative, 7th District /s/ Dan Weber Senator, 40th District /s/ Timothy J. Bearden Representative, 68th District A BILL To amend Titles 16, 17, 35, and 42 of the Official Code of Georgia Annotated, relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and residency requirements for sexual offenders; to provide for legislative findings; to change punishment provisions related to aggravated assault with the intent to rape; to change punishment provisions related to kidnapping; to change punishment provisions related to false imprisonment; to change punishment provisions related to rape; to change certain provisions relating to 4856 JOURNAL OF THE HOUSE sodomy and aggravated sodomy; to provide for lesser punishment for certain sexual offenses committed by persons of certain ages; to change certain provisions relating to statutory rape; to change certain provisions relating to child molestation and aggravated child molestation; to change certain provisions relating to enticing a child for indecent purposes; to change certain provisions relating to persons convicted of sexual assault against persons in custody; to change certain provisions relating to incest; to change certain provisions relating to sexual battery; to change certain provisions relating to aggravated sexual battery; to change certain restrictions on granting an appeal bond; to allow for judicial discretion for mandatory minimum sentences under certain circumstances; to create a new crime involving withholding information concerning a sexual offender and provide for penalties; to change a provision relating to the fixing of a sentence by a judge; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to add a provision relating to statutory aggravating circumstances for the imposition of the death penalty; to require the Georgia Crime Information Center to collect certain data; to provide that notice of conviction and release of a person who is required to register as a sexual offender shall be made for offenders sentenced directly to probation or who are newly established residents in a county; to permit publication of such notice in the legal organ of the county in which such person resides based on information available; to reorganize and change provisions related to the State Sexual Offender Registry; to change and add certain definitions; to change provisions relating to registration requirements for sexual offenders; to provide for an annual registration fee; to provide that sexual offenders register prior to release from prison; to require each sheriff to maintain and update a list of all sexual offenders residing in the county; to provide for duties and responsibilities for sheriffs, the Department of Corrections, the Georgia Bureau of Investigation, and sexual offenders; to require registered sexual offenders to verify required registration information with the sheriff whenever any changes occur to certain information and verify information at least annually within 72 hours of the sexual offender's birthday; to increase the duration for registration requirement; to provide for a procedure for certain sexual offenders to petition a court to be relieved of registration requirements; to require the sheriff to notify certain people and entities of the presence of sexual offenders in their community; to increase punishment for failure to comply with registration requirements; to change the appointing authority for the Sexual Offender Registration Review Board; to require the Sexual Offender Registration Review Board to classify sexual offenders; to require sexually dangerous predators to wear an electronic monitoring system for the balance of his or her life and to pay for such system; to require sexually dangerous predators to update required registration information twice yearly; to provide for employment restrictions for sexual offenders; to prohibit sexual offenders from loitering in certain locations; to correct cross-references; to change provisions relating to sexual offenders conditions for parole; to change provisions relating to chemical treatment and counseling as a condition of parole for child molesters; to amend Title 5 of the Official Code of TUESDAY, MARCH 28, 2006 4857 Georgia Annotated, relating to appeal and error, so as to allow the state and the defendant the right of direct appeal under certain circumstances; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly finds and declares that recidivist sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Many sexual offenders are extremely likely to use physical violence and to repeat their offenses; and some sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. The General Assembly finds that this makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. The General Assembly further finds that the high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes: (1) Incarcerating sexual offenders and maintaining adequate facilities to ensure that decisions to release sexual predators into the community are not made on the basis of inadequate space; (2) Requiring the registration of sexual offenders, with a requirement that complete and accurate information be maintained and accessible for use by law enforcement authorities, communities, and the public; (3) Providing for community and public notification concerning the presence of sexual offenders; (4) Collecting data relative to sexual offenses and sexual offenders; (5) Requiring sexual predators who are released into the community to wear an electronic monitoring system for the rest of their natural life and to pay for such system; and (6) Prohibiting sexual predators from working with children, either for compensation or as a volunteer. The General Assembly further finds that the state has a compelling interest in protecting the public from sexual offenders and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual offenders to register and for requiring community and public notification of the presence of sexual offenders. The General Assembly declares that in order to protect the public, it is necessary that the sexual offenders be registered and that members of the community and the public be notified of a sexual offender's presence. The designation of a person as a sexual offender is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from the conviction of certain crimes. Likewise, the designation of a person as a sexual predator is neither a sentence nor a punishment but simply a regulatory 4858 JOURNAL OF THE HOUSE mechanism and status resulting from findings by the Sexual Offender Registration Review Board and a court if requested by a sexual offender. SECTION 2. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, and inserting in lieu thereof the following: "(a) Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the constitutional city courts, and such other courts or tribunals from which appeals are authorized by the Constitution and laws of this state: (1) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35; (2) All judgments involving applications for discharge in bail trover and contempt cases; (3) All judgments or orders directing that an accounting be had; (4) All judgments or orders granting or refusing applications for receivers or for interlocutory or final injunctions; (5) All judgments or orders granting or refusing applications for attachment against fraudulent debtors; (5.1)(6) Any ruling on a motion which would be dispositive if granted with respect to a defense that the action is barred by Code Section 16-11-184; (6)(7) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (7)(8) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; (8)(9) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will; and (9)(10) All final judgments of child support; and (11) All judgments or orders entered pursuant to subsection (c) of Code Section 1710-6.2." 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 the state, and inserting in lieu thereof the following: "(a) An appeal may be taken by and on behalf of the State of Georgia from the superior courts, state courts, City Court of Atlanta, and juvenile courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in criminal cases and adjudication of delinquency cases in the following instances: TUESDAY, MARCH 28, 2006 4859 (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; (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; or (9) From an order, decision, or judgment issued pursuant to subsection (c) of Code Section 17-10-6.2." SECTION 4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking Code Section 16-5-21, relating to aggravated assault, and inserting in lieu thereof the following: "16-5-21. (a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or (3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. (b) Except as provided in subsections (c) through (i) (k) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. 4860 JOURNAL OF THE HOUSE (d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. (e)(1) As used in this subsection, the term 'correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term 'correctional officer' shall also include county jail officers who are certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35. (2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (f.1)(g) Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five years nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term 'vehicle' includes without limitation any railcar. (g)(h) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years. (h)(i) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (i)(j) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years. TUESDAY, MARCH 28, 2006 4861 (k) Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 1710-6.2." SECTION 5. Said title is further amended by striking Code Section 16-5-40, relating to kidnapping, and inserting in lieu thereof the following: "16-5-40. (a) A person commits the offense of kidnapping when he abducts or steals away any person without lawful authority or warrant and holds such person against his will. (b) A person convicted of the offense of kidnapping shall be punished by: (1) Imprisonment imprisonment for not less than ten nor more than 20 years, provided that a person convicted of the offense of kidnapping for ransom shall be punished by if the kidnapping involved a victim who was14 years of age or older; (2) Imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, if the kidnapping involved a victim who is less than 14 years of age; (3) Life life imprisonment or by death and provided, further, that, if the person kidnapped shall have received bodily injury, the person convicted shall be punished by if the kidnapping was for ransom; or (4) Life life imprisonment or by death if the person kidnapped received bodily injury. (c) Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7." SECTION 6. Said title is further amended by striking Code Section 16-5-41, relating to false imprisonment, and inserting in lieu thereof the following: "16-5-41. (a) A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority. (b) A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than ten years. (c) Any person convicted under this Code section wherein the victim is not the child of the defendant and the victim is less than 14 years of age shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 7. Said title is further amended by striking subsection (a) of Code Section 16-5-110, relating to the publication of notices and information required for registered sex offenders, assessment for costs, and certain immunity, and inserting in lieu thereof the following: 4862 JOURNAL OF THE HOUSE "(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 person's release from confinement, placement on probation, or upon establishing residency in the county, 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; if available, the date, time, place of arrest,; and the disposition of the case. The notice and shall be published at or near the time the person registers with the sheriff at least once, and, at the sheriff's option, may be published more than once, in the legal organ of the appropriate county in the second week following such person's 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." SECTION 8. Said title is further amended by striking Code Section 16-6-1, relating to rape, and inserting in lieu thereof the following: "16-6-1. (a) A person commits the offense of rape when he has carnal knowledge of: (1) A female forcibly and against her will; or (2) A female who is less than ten years of age. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape. (b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life without parole, by imprisonment for life, or by a split sentence that is a term of imprisonment for not less than ten nor more than 20 25 years and not exceeding life imprisonment, followed by probation for life. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (c) When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence." SECTION 9. Said title is further amended by striking Code Section 16-6-2, relating to sodomy and aggravated sodomy, and inserting in lieu thereof the following: TUESDAY, MARCH 28, 2006 4863 "16-6-2. (a)(1) A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. (2) A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy. (b)(1) Except as provided in subsection (d) of this Code section, a A person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (2) A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than ten nor more than 30 25 years and not exceeding life imprisonment, followed by probation for life. Any person convicted under this Code section of the offense of aggravated sodomy shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (c) When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be financially responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence. (d) If the victim is at least 13 but less than 16 years of age and the person convicted of sodomy is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 10. Said title is further amended by striking Code Section 16-6-3, relating to statutory rape, and inserting in lieu thereof the following: "16-6-3. (a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim. (b) Except as provided in subsection (c) of this Code section, a A person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years; provided, further, that if. Any person convicted under this 4864 JOURNAL OF THE HOUSE subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c) If the victim is 14 or 15 at least 14 but less than 16 years of age and the person so convicted of statutory rape is 18 years of age or younger and is no more than three four years older than the victim, such person shall be guilty of a misdemeanor." SECTION 11. Said title is further amended by striking Code Section 16-6-4, relating to child molestation and aggravated child molestation, and inserting in lieu thereof the following: "16-6-4. (a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person. (b)(1) Except as provided in paragraph (2) of this subsection, a A person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon such first conviction of the offense of child molestation, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he or she shall sentence the defendant to imprisonment; provided, further, that upon a defendant's Upon a defendant being incarcerated on a conviction for such a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon Upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment. Adjudication of guilt or imposition of sentence for a conviction of a second or subsequent offense of child molestation, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld. (2) If the victim is at least 14 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy. (d)(1) Except as provided in paragraph (2) of this subsection, a A person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life TUESDAY, MARCH 28, 2006 4865 or by a split sentence that is a term of imprisonment for not less than ten nor more than 30 25 years and not exceeding life imprisonment, followed by probation for life,. Any person convicted under this Code section of the offense of aggravated child molestation shall, in addition, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (2) A person convicted of the offense of aggravated child molestation when: (A) The victim is at least 13 but less than 16 years of age; (B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and (C) The basis of the charge of aggravated child molestation involves an act of sodomy shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1. (2) The court sentencing a person who has been convicted of a first offense of aggravated child molestation when the victim is 16 years of age or younger at the time of the offense is authorized to require, before sentencing, that the defendant undergo a psychiatric evaluation to ascertain whether or not medroxyprogesterone acetate chemical treatment or its equivalent would be effective in changing the defendant's behavior. If it is determined by a qualified mental health professional that such treatment would be effective, the court may require, as a condition of probation and upon provisions arranged between the court and the defendant, the defendant to undergo medroxyprogesterone acetate treatment or its chemical equivalent which must be coupled with treatment by a qualified mental health professional. In case of a person sentenced to probation who is required to undergo such treatment or its chemical equivalent and is in the custody of a law enforcement agency or confined in a jail at the time of sentencing, when he or she becomes eligible for probation, such person shall begin medroxyprogesterone acetate treatment and counseling prior to his or her release from custody or confinement. A person sentenced to probation who is required to undergo such treatment and who is not in the custody of a law enforcement agency or confined in a jail at the time of sentencing shall be taken into custody or confined until treatment can begin. Additional treatment may continue after such defendant's release from custody or confinement until the defendant demonstrates to the court that such treatment is no longer necessary. No such treatment shall be administered until such person has been fully informed of the side effects of hormonal chemical treatment and has consented to the treatment in writing. The administration of the treatment shall conform to the procedures and conditions set out in subsection (c) of Code Section 42-9-44.2. (3) Any physician or qualified mental health professional who acts in good faith in compliance with the provisions of this Code section and subsection (c) of Code Section 42-9-44.2 in the administration of treatment or provision of counseling provided for in this Code section shall be immune from civil or criminal liability for his or her actions in connection with such treatment or counseling." 4866 JOURNAL OF THE HOUSE SECTION 12. Said title is further amended by striking Code Section 16-6-5, relating to enticing a child for indecent purposes, and inserting in lieu thereof the following: "16-6-5. (a) A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts. (b) Except as provided in subsection (c) of this Code section, a A person convicted of the offense of enticing a child for indecent purposes shall be punished by imprisonment for not less than one ten nor more than 20 30 years. Any person convicted under this Code section of the offense of enticing a child for indecent purposes shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. Upon a first conviction of the offense of enticing a child for indecent purposes, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he shall sentence the defendant to imprisonment. Upon a second or third conviction of such offense, the defendant shall be punished by imprisonment for not less than five years. For a fourth or subsequent conviction of the offense of enticing a child for indecent purposes, the defendant shall be punished by imprisonment for 20 years. Adjudication of guilt or imposition of sentence for a conviction of a third, fourth, or subsequent offense of enticing a child for indecent purposes, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld. (c) If the victim is at least 14 but less than 16 years of age and the person convicted of enticing a child for indecent purposes is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 13. Said title is further amended by striking Code Section 16-6-5.1, relating to sexual assault against persons in custody, and inserting in lieu thereof the following: "16-6-5.1. (a) As used in this Code section, the term: (1) 'Actor' means a person accused of sexual assault. (2) 'Intimate parts' means the genital area, groin, inner thighs, buttocks, or breasts of a person. (3) 'Psychotherapy' means the professional treatment or counseling of a mental or emotional illness, symptom, or condition. (4) 'Sexual contact' means any contact between for the purpose of sexual gratification of the actor and a person not married to the actor involving with the intimate parts of a person not married to the actor either person for the purpose of sexual gratification of the actor. TUESDAY, MARCH 28, 2006 4867 (b) A probation or parole officer or other custodian or supervisor of another person referred to in this Code section commits sexual assault when he or she engages in sexual contact with another person who is a probationer or parolee under the supervision of said probation or parole officer or who is in the custody of law or who is enrolled in a school or who is detained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than one ten nor more than three 30 years; provided, however, that any person convicted of the offense of sexual assault under this subsection of a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 1710-6.2. (c)(1) A person commits sexual assault when such person has supervisory or disciplinary authority over another person and such person engages in sexual contact with that other person who is: (A) In the custody of law; or (B) Detained in or is a patient in a hospital or other institution. (2) A person commits sexual assault when, as an actual or purported practitioner of psychotherapy, he or she engages in sexual contact with another person who the actor knew or should have known is the subject of the actor's actual or purported treatment or counseling, or, if the treatment or counseling relationship was used to facilitate sexual contact between the actor and said person. (3) Consent of the victim shall not be a defense to a prosecution under this subsection. (4) A person convicted of sexual assault under this subsection shall be punished by imprisonment for not less than one ten nor more than three 30 years; provided, however, that any person convicted of the offense of sexual assault under this subsection of a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (d) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, commits sexual assault when such person engages in sexual contact with another person who has been admitted to or is receiving services from such facility, person, or entity. A person convicted of sexual assault pursuant to this subsection shall be punished by imprisonment for not less than one ten nor more than five 30 years, or a fine of not more than $5,000.00, or both. Any violation of this subsection shall constitute a separate offense. Any person convicted under this subsection of the offense 4868 JOURNAL OF THE HOUSE of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 14. Said title is further amended by striking Code Section 16-6-22, relating to incest, and inserting in lieu thereof the following: "16-6-22. (a) A person commits the offense of incest when he the person engages in sexual intercourse with a person to whom he or she knows he or she is related either by blood or by marriage as follows: (1) Father and daughter or stepdaughter; (2) Mother and son or stepson; (3) Brother and sister of the whole blood or of the half blood; (4) Grandparent and grandchild; (5) Aunt and nephew; or (6) Uncle and niece. (b) A person convicted of the offense of incest shall be punished by imprisonment for not less than one ten nor more than 20 30 years; provided, however, that any person convicted of the offense of incest under this subsection with a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this Code section of the offense of incest shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 15. Said title is further amended by striking Code Section 16-6-22.1, relating to sexual battery, and inserting in lieu thereof the following: "16-6-22.1. (a) For the purposes of this Code section, the term 'intimate parts' means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female. (b) A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person. (c) Except as otherwise provided in this Code section, a person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature. (d) A person convicted of the offense of sexual battery against any child under the age of 16 years shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (e) Upon a second or subsequent conviction under subsection (b) of this Code section, a person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years and, in addition, shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." TUESDAY, MARCH 28, 2006 4869 SECTION 16. Said title is further amended by striking Code Section 16-6-22.2, relating to aggravated sexual battery, and inserting in lieu thereof the following: "16-6-22.2. (a) For the purposes of this Code section, the term 'foreign object' means any article or instrument other than the sexual organ of a person. (b) A person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person. (c) A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than ten nor more than 20 25 years and not exceeding life imprisonment, followed by probation for life,. Any person convicted under this Code section shall, in addition, and shall be subject to the sentencing and punishment provisions of Code Sections 17-106.1 and 17-10-7." SECTION 17. Said title is further amended by inserting a new Code Section 16-6-25 to read as follows: "16-6-25. (a) As used in this Code section, the term 'law enforcement unit' means any agency, organ, or department of this state, or a subdivision or municipality thereof, whose primary functions include the enforcement of criminal or traffic laws; the preservation of public order; the protection of life and property; or the prevention, detection, or investigation of crime. Such term shall also include the Department of Corrections and the State Board of Pardons and Paroles. (b) Any person who knows or reasonably believes that a sexual offender, as defined in Code Section 42-1-12, is not complying, or has not complied, with the requirements of Code Section 42-1-12 and who, with the intent to assist such sexual offender in eluding a law enforcement unit that is seeking such sexual offender to question him or her about, or to arrest him or her for, his or her noncompliance with the requirements of Code Section 42-1-12: (1) Harbors, attempts to harbor, or assists another person in harboring or attempting harbor such sexual offender; (2) Conceals, attempts to conceal, or assists another person in concealing or attempting to conceal such sexual offender; or (3) Provides information to the law enforcement unit regarding such sexual offender which the person knows to be false information commits a felony and shall be punished by imprisonment for not less than five nor more than 20 years." SECTION 18. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking subsection (g) of Code Section 17-6-1, relating to where offenses are 4870 JOURNAL OF THE HOUSE bailable and appeal bonds, and inserting in lieu thereof the following: "(g) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, aggravated child molestation, child molestation, kidnapping, trafficking in cocaine or marijuana, aggravated stalking, or aircraft hijacking and who has been sentenced to serve a period of incarceration of seven five years or more. The granting of an appeal bond to a person who has been convicted of any other felony offense or of any misdemeanor offense involving an act of family violence as defined in Code Section 19-13-1, or of any offense delineated as a high and aggravated misdemeanor or of any offense set forth in Code Section 40-6-391, shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies." SECTION 19. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 17-10-1, relating to the fixing of a sentence, and inserting in lieu thereof the following: "(a)(1) Except in cases in which life imprisonment, life without parole, or the death penalty may be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be within the minimum and maximum sentences prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, including service of a probated sentence in the sentencing options system, as provided by Article 9 of Chapter 8 of Title 42, and including the authority to revoke the suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court, even before the probationary period has begun, subject to the conditions set out in this subsection; provided, however, that such action shall be subject to the provisions of Code Section Sections 17-10-6.1 and 17-10-6.2." SECTION 20. Said title is further amended by striking Code Section 17-10-6.1, relating to punishment for serious violent offenders, and inserting in lieu thereof the following: "17-10-6.1. (a) As used in this Code section, the term 'serious violent felony' means: (1) Murder or felony murder, as defined in Code Section 16-5-1; (2) Armed robbery, as defined in Code Section 16-8-41; (3) Kidnapping, as defined in Code Section 16-5-40; (4) Rape, as defined in Code Section 16-6-1; TUESDAY, MARCH 28, 2006 4871 (5) Aggravated child molestation, as defined in subsection (c) of Code Section 16-64, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4; (6) Aggravated sodomy, as defined in Code Section 16-6-2; or (7) Aggravated sexual battery, as defined in Code Section 16-6-22.2. (b)(1) Notwithstanding any other provisions of law to the contrary, any person convicted of a the serious violent felony as defined in paragraphs (2) through (7) of subsection (a) of this Code section of kidnapping involving a victim who is 14 years of age or older or armed robbery shall be sentenced to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. (2) Notwithstanding any other provisions of law to the contrary, the sentence of any person convicted of the serious violent felony of: (A) Kidnapping involving a victim who is less than 14 years of age; (B) Rape; (C) Aggravated child molestation, as defined in subsection (c) of Code Section 166-4, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4; (D) Aggravated sodomy, as defined in Code Section 16-6-2; or (E) Aggravated sexual battery, as defined in Code Section 16-6-22.2 shall, unless sentenced to life imprisonment, be a split sentence which shall include a mandatory minimum term of imprisonment of 25 years, followed by probation for life. No portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. (3) No person convicted of a serious violent felony as defined in subsection (a) of this Code section shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation for first offenders, or any other provision of Georgia law relating to the sentencing of first offenders. The State of Georgia shall have the right to appeal any sentence which is imposed by the superior court which does not conform to the provisions of this subsection in the same manner as is provided for other appeals by the state in accordance with Chapter 7 of Title 5, relating to appeals or certiorari by the state. (c)(1) Except as otherwise provided in subsection (c) of Code Section 42-9-39, for a first conviction of a serious violent felony in which the defendant has been sentenced to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 14 30 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other 4872 JOURNAL OF THE HOUSE sentence-reducing measures under programs administered by the Department of Corrections. (2) For a first conviction of a serious violent felony in which the defendant has been sentenced to death but the sentence of death has been commuted to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 25 30 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections. (3) Any sentence imposed for the first conviction of any serious violent felony other than a sentence of life imprisonment or life without parole or death shall be served in its entirety as imposed by the sentencing court and shall not be reduced by any form of parole or early release administered by the State Board of Pardons and Paroles or by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court. (d) For purposes of this Code section, a first conviction of any serious violent felony means that the person has never been convicted of a serious violent felony under the laws of this state or of an offense under the laws of any other state or of the United States, which offense if committed in this state would be a serious violent felony. Conviction of two or more crimes charged on separate counts of one indictment or accusation, or in two or more indictments or accusations consolidated for trial, shall be deemed to be only one conviction." SECTION 21. Said title is further amended by adding a new Code section to follow Code Section 1710-6.1, relating to punishment for serious violent offenders, to read as follows: "17-10-6.2. (a) As used in this Code section, the term 'sexual offense' means: (1) Aggravated assault with the intent to rape, as defined in Code Section 16-5-21; (2) False imprisonment, as defined in Code Section 16-5-41, if the victim is not the child of the defendant and the victim is less than 14 years of age; (3) Sodomy, as defined in Code Section 16-6-2, unless subject to the provisions of subsection (d) of Code Section 16-6-2; (4) Statutory rape, as defined in Code Section 16-6-3, if the person convicted of the crime is 21 years of age or older; (5) Child molestation, as defined in subsection (a) of Code Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (b) of Code Section 16-6-4; (6) Enticing a child for indecent purposes, as defined in Code Section 16-6-5, unless subject to the provisions of subsection (c) of Code Section 16-6-5; (7) Sexual assault against persons in custody, as defined in Code Section 16-6-5.1; (8) Incest, as defined in Code Section 16-6-22; TUESDAY, MARCH 28, 2006 4873 (9) A second or subsequent conviction for sexual battery, as defined in Code Section 16-6-22.1; or (10) Sexual exploitation of children, as defined in Code Section 16-12-100. (b) Except as provided in subsection (c) of this Code section, and notwithstanding any other provisions of law to the contrary, any person convicted of a sexual offense shall be sentenced to a split sentence which shall include the minimum term of imprisonment specified in the Code section applicable to the offense. No portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and such sentence shall include, in addition to the mandatory imprisonment, an additional probated sentence of at least one year. No person convicted of a sexual offense shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation for first offenders, or any other provision of Georgia law relating to the sentencing of first offenders. (c)(1) In the court's discretion, the court may deviate from the mandatory minimum sentence as set forth in subsection (b) of this Code section, or any portion thereof, provided that: (A) The defendant has no prior conviction of an offense prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16; (B) The defendant did not use a deadly weapon or any object, device, or instrument which when used offensively against a person would be likely to or actually did result in serious bodily injury during the commission of the offense; (C) The court has not found evidence of a relevant similar transaction; (D) The victim did not suffer any intentional physical harm during the commission of the offense; (E) The offense did not involve the transportation of the victim; and (F) The victim was not physically restrained during the commission of the offense. (2) If the court deviates in sentencing pursuant to this subsection, the judge shall issue a written order setting forth the judge's reasons. Any such order shall be appealable by the defendant pursuant to Code Section 5-6-34, or by the State of Georgia pursuant to Code Section 5-7-1. (d) If the court imposes a probated sentence, the defendant shall submit to review by the Sexual Offender Registration Review Board for purposes of risk assessment classification within ten days of being sentenced and shall otherwise comply with Article 2 of Chapter 1 of Title 42." SECTION 22. Said title is further amended in subsection (b) of Code Section 17-10-30, relating to the procedure for implementation of the death penalty generally, by striking "or" at the end of paragraph (9), by adding "; or" at the end of paragraph (10), and by adding a new paragraph (11) to read as follows: 4874 JOURNAL OF THE HOUSE "(11) The offense of murder, rape, or kidnapping was committed by a person previously convicted of rape, aggravated sodomy, aggravated child molestation, or aggravated sexual battery." SECTION 23. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking subparagraph (A) of paragraph (4) of Code Section 35-3-30, relating to definitions used for the Georgia Crime Information Center article, and inserting in lieu thereof the following: "(A) 'Criminal history record information' means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, accusations, information, or other formal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release. Such term also includes the age and sex of each victim as provided by criminal justice agencies. The term does not include identification information, such as fingerprint records, to the extent that such information does not indicate involvement of the individual in the criminal justice system." SECTION 24. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by designating Code Sections 42-1-1 through 42-1-11 as Article 1 of Chapter 1, striking in their entirety Code Sections 42-1-12 and 42-1-13, and inserting in their place a new Article 2 to read as follows: "ARTICLE 2 42-1-12. (a) As used in this article, the term: (1) 'Address' means the street or route address of the sexual offender's residence. For purposes of this Code section, the term does not mean a post office box, and homeless does not constitute an address. (2) 'Appropriate official' means: (A) With respect to a sexual 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 a sexual 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; (C) With respect to a sexual offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee; and TUESDAY, MARCH 28, 2006 4875 (D) With respect to a sexual offender who is placed on probation through a private probation agency, the director of the private probation agency or his or her designee. (3) 'Area where minors congregate' shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, school bus stops, and public and community swimming pools. (4) 'Assessment criteria' means the tests that the board members use to determine the likelihood that a sexual offender will commit another criminal offense against a victim who is a minor or commit a dangerous sexual offense. (5) 'Board' means the Sexual Offender Registration Review Board. (6) 'Child care facility' means all public and private pre-kindergarten facilities, daycare centers, child care learning centers, preschool facilities, and long-term care facilities for children. (7) 'Church' means a place of public religious worship. (8) '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 defendant's 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 defendant's discharge. (9)(A) 'Criminal offense against a victim who is a minor' with respect to convictions occurring on or before June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of: (i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; or (vii) Any conviction resulting from an underlying sexual offense against a victim who is a minor. (B) 'Criminal offense against a victim who is a minor' with respect to convictions occurring after June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of: (i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; 4876 JOURNAL OF THE HOUSE (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 minor's 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 subparagraph (a)(9)(B) of this Code section, conduct which is punished as for a misdemeanor or which is prosecuted in juvenile court shall not be considered a criminal offense against a victim who is a minor. (10)(A) 'Dangerous sexual offense' with respect to convictions occurring after June 30, 2006, means any criminal offense under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-5-2; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) False imprisonment in violation of Code Section 16-5-41 which involves a victim who is less than 14 years of age, except by a parent; (iv) Rape in violation of Code Section 16-6-1; (v) Sodomy in violation of Code Section 16-6-2; (vi) Aggravated sodomy in violation of Code Section 16-6-2; (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (viii) Child molestation in violation of Code Section 16-6-4; (ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense; (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xi) Sexual assault against persons in custody in violation of Code Section 16-65.1; (xii) Incest in violation of Code Section 16-6-22; (xiii) A second conviction for sexual battery in violation of Code Section 16-622.1; (xiv) Aggravated sexual battery in violation of Code Section 16-6-23; TUESDAY, MARCH 28, 2006 4877 (xv) Sexual exploitation of children in violation of Code Section 16-12-100; (xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1; (xvii) Computer pornography and child exploitation prevention in violation of Code Section 16-12-100.2; (xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or (xix) Any conduct which, by its nature, is a sexual offense against a minor or an attempt to commit a sexual offense against a minor. (B) For purposes of this paragraph, conduct which is punished as for a misdemeanor or which is prosecuted in juvenile court shall not be considered a dangerous sexual offense. (11) 'Institution of higher education' means a private or public community college, state university, state college, or independent postsecondary institution. (12) 'Level I risk assessment classification' means the sexual offender is a low sex offense risk and low recidivism risk for future sexual offenses. (13) 'Level II risk assessment classification' means the sexual offender is an intermediate sex offense risk and intermediate recidivism risk for future sexual offenses and includes all sexual offenders who do not meet the criteria for classification either as a sexually dangerous predator or for Level I risk assessment. (14) 'Minor' means any individual under the age of 18 years and any individual that the sexual offender believed at the time of the offense was under the age of 18 years if such individual was the victim of an offense. (15) 'Public and community swimming pools' includes municipal, school, hotel, motel, or any pool to which access is granted in exchange for payment of a daily fee. The term includes apartment complex pools, country club pools, or subdivision pools which are open only to residents of the subdivision and their guests. This term does not include a private pool or hot tub serving a single-family dwelling and used only by the residents of the dwelling and their guests. (16) 'Required registration information' means: (A) Name; social security number; age; race; sex; date of birth; height; weight; hair color, eye color, fingerprints; and photograph; (B) Address of any permanent residence and address of any current temporary residence, within the state or out of state, and, if applicable in addition to the address, a rural route address and a post office box; (C) If the place of residence is a motor vehicle or trailer, provide the vehicle identification number, the license tag number, and a description, including color scheme, of the motor vehicle or trailer; (D) If the place of residence is a mobile home, provide the mobile home location permit number; the name and address of the owner of the home; a description, including the color scheme of the mobile home; and, if applicable, a description of where the mobile home is located on the property; (E) If the place of residence is a manufactured home, provide the name and address of the owner of the home; a description, including the color scheme of the 4878 JOURNAL OF THE HOUSE manufactured home; and, if applicable, a description of where the manufactured home is located on the property; (F) If the place of residence is a vessel, live-aboard vessel, or houseboat, provide the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat; (G) Date of employment, place of any employment, and address of employer; (H) Place of vocation and address of the place of vocation; (I) Vehicle make, model, color, and license tag number; (J) If enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the name, address, and county of each institution, including each campus attended, and enrollment or employment status; and (K) The name of the crime or crimes for which the sexual offender is registering and the date released from prison or placed on probation, parole, or supervised release. (17) 'Risk assessment classification' means the notification level into which a sexual offender is placed based on the board's assessment. (18) 'School' means all public and private kindergarten, elementary, and secondary schools. (19) 'School bus stop' means a school bus stop as designated by local school boards of education or by a private school. (20) 'Sexual offender' means any individual: (A) Who has been convicted of a criminal offense against a victim who is a minor or any dangerous sexual offense; or (B) Who has been 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 criminal offense against a victim who is a minor or a dangerous sexual offense. (21) 'Sexually dangerous predator' means a sexual offender: (A) Who was designated as a sexually violent predator between July 1, 1996, and June 30, 2006; or (B) Who is determined by the Sexual Offender Registration Review Board to be at risk of perpetrating any future dangerous sexual offense. (22) 'Vocation' means any 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) Before a sexual offender who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate official shall: (1) Inform the sexual offender of the obligation to register, the amount of the registration fee, and how to maintain registration; (2) Obtain the information necessary for the required registration information; TUESDAY, MARCH 28, 2006 4879 (3) Inform the sexual offender that, if the sexual offender changes any of the required registration information, other than residence address, the sexual offender shall give the new information to the sheriff of the county with whom the sexual offender is registered within 72 hours of the change of information; if the information is the sexual offender's new residence address, the sexual offender shall give the information to the sheriff of the county with whom the sexual offender last registered within 72 hours prior to moving and to the sheriff of the county to which the sexual offender is moving within 72 hours after the change of information; (4) Inform the sexual offender that he or she shall also register in any state where he or she is employed, carries on a vocation, or is a student; (5) Inform the sexual offender that, if he or she changes residence to another state, the sexual offender shall register the new address with the sheriff of the county with whom the sexual offender last registered, and that the sexual offender shall also register with a designated law enforcement agency in the new state within 72 hours after establishing residence in the new state; (6) Obtain fingerprints and a current photograph of the sexual offender; (7) Require the sexual offender to read and sign a form stating that the obligations of the sexual offender have been explained; (8) Obtain and forward any information obtained from the clerk of court pursuant to Code Section 42-5-50 to the sheriff's office of the county in which the sexual offender will reside; and (9) If required by Code Section 42-1-14, place any required electronic monitoring system on the sexually dangerous predator and explain its operation and cost. (c) The Department of Corrections shall: (1) Forward to the Georgia Bureau of Investigation a copy of the form stating that the obligations of the sexual offender have been explained; (2) Forward any required registration information to the Georgia Bureau of Investigation; (3) Forward the sexual offender's fingerprints and photograph to the sheriff's office of the county where the sexual offender is going to reside; (4) Inform the board and the prosecuting attorney for the jurisdiction in which a sexual offender was convicted of the impending release of a sexual offender at least eight months prior to such release so as to facilitate compliance with Code Section 421-14; and (5) Keep all records of sexual offenders in a secure facility until official proof of death of a registered sexual offender and thereafter the records shall be destroyed in accordance with Code Sections 15-1-10, 15-6-62, and 15-6-62.1. (d) No sexual offender shall be released from prison or placed on parole, supervised release, or probation until: (1) The appropriate official has provided the Georgia Bureau of Investigation and the sheriff's office in the county where the sexual offender will be residing with the sexual offender's required registration information and risk assessment classification level; and 4880 JOURNAL OF THE HOUSE (2) The sexual offender's name has been added to the list of sexual offenders maintained by the Georgia Bureau of Investigation and the sheriff's office as required by this Code section. (e) Registration pursuant to this Code section shall be required by any individual who: (1) Is convicted on or after July 1, 1996, of a criminal offense against a victim who is a minor; (2) Is convicted on or after July 1, 2006, of a dangerous sexual offense; (3) Has previously been convicted of a criminal offense against a minor and may be released from prison or placed on parole, supervised release, or probation on or after July 1, 1996; (4) Has previously been convicted of a sexually violent offense and may be released from prison or placed on parole, supervised release, or probation; (5) Is a resident of Georgia who intends to reside in this state and who is convicted under the laws of another state or the United States, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense, a criminal offense against a victim who is a minor on or after July 1, 1999, or a dangerous sexual offense on or after July 1, 2006; (6) Is a nonresident sexual offender who changes residence from another state or territory of the United States to Georgia who is required to register as a sexual offender under federal law, military law, tribal law, or the laws of another state or territory, regardless of when the conviction occurred; (7) Is a nonresident sexual offender who enters this state for the purpose of employment or any other reason for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory; or (8) Is a nonresident sexual offender who enters this state for the purpose of attending school as a full-time or part-time student regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory. (f) Any sexual offender required to register under this Code section shall: (1) Provide the required registration information to the appropriate official before being released from prison or placed on parole, supervised release, or probation; (2) Register with the sheriff of the county in which the sexual offender resides within 72 hours after the sexual offender's release from prison or placement on parole, supervised release, probation, or entry into this state; (3) Maintain the required registration information with the sheriff of the county in which the sexual offender resides; (4) Renew the required registration information with the sheriff of the county in which the sexual offender resides by reporting to the sheriff within 72 hours prior to such offender's birthday each year to be photographed and fingerprinted; (5) Update the required registration information with the sheriff of the county in which the sexual offender resides within 72 hours of any change to the required TUESDAY, MARCH 28, 2006 4881 registration information, other than residence address; if the information is the sexual offender's new residence address, the sexual offender shall give the information to the sheriff of the county with whom the sexual offender last registered within 72 hours prior to any change of residence address and to the sheriff of the county to which the sexual offender is moving within 72 hours after establishing the new residence; (6) If convicted of a dangerous sexual offense on or after July 1, 2006, pay to the sheriff of the county where the sexual offender resides an annual registration fee of $250.00 upon each anniversary of such registration; and (7) Continue to comply with the registration requirements of this Code section for the entire life of the sexual offender, including ensuing periods of incarceration. (g)(1) Any sexual offender required to register under this Code section who meets the criteria set forth in paragraph (2) of this Code section may petition the superior court of the jurisdiction in which the sexual offender is registered to be released from the registration requirements of this Code section. The court may issue an order releasing the sexual offender from further registration if the court finds that the sexual offender does not pose a substantial risk of perpetrating any future dangerous sexual offense. (2) In order to petition the court pursuant to paragraph (1) of this subsection, the sexual offender shall: (A) Have been sentenced pursuant to subsection (c) of Code Section 17-10-6.2; and (B) Have had ten years elapse since his or her release from prison, parole, supervised release, or probation. (h)(1) The appropriate official or sheriff shall, within 72 hours after receipt of the required registration information, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the Criminal Justice Information System by the appropriate official or sheriff, the Georgia Crime Information Center shall notify the sheriff of the sexual offender's county of residence, either permanent or temporary, the sheriff of the county of employment, and the sheriff of the county where the sexual offender attends an institution of higher education within 24 hours of entering the data or any change to the data. (2) The Georgia Bureau of Investigation shall: (A) Transmit all information, including the conviction data and fingerprints, to the Federal Bureau of Investigation within 24 hours of entering the data; (B) Establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation; and (C) Perform mail out and verification duties as follows: (i) Send each month Criminal Justice Information System network messages to sheriffs listing sexual offenders due for verification; (ii) Create a photo image file from original entries and provide such entries to sheriffs to assist in sexual offender identification and verification; (iii) Mail a nonforwardable verification form to the last reported address of the sexual offender within ten days prior to the sexual offender's birthday; 4882 JOURNAL OF THE HOUSE (iv) If the sexual offender changes residence to another state, notify the law enforcement agency with which the sexual offender shall register in the new state; and (v) Maintain records required under this Code section. (i) The sheriff's office in each county shall: (1) Prepare and maintain a list of all sexual offenders and sexually dangerous predators residing in each county. Such list shall include the sexual offender's name; age; physical description; address; crime of conviction, including conviction date and the jurisdiction of the conviction; photograph; and the risk assessment classification level provided by the board, and an explanation of how the board classifies sexual offenders and sexually dangerous predators; (2) Electronically submit and update all information provided by the sexual offender within two working days to the Georgia Bureau of Investigation in a manner prescribed by the Georgia Bureau of Investigation; (3) Maintain and post a list of every sexual offender residing in each county: (A) In the sheriff's office; (B) In any county administrative building; (C) In the main administrative building for any municipal corporation; (D) In the office of the clerk of the superior court so that such list is available to the public; and (E) On a website maintained by the sheriff of the county for the posting of general information; (4) Update the public notices required by paragraph (3) of this Code section within two working days; (5) Inform the public of the presence of sexual offenders in each community; (6) Update the list of sexual offenders residing in the county upon receipt of new information affecting the residence address of a sexual offender or upon the registration of a sexual offender moving into the county by virtue of release from prison, relocation from another county, conviction in another state, federal court, military tribunal, or tribal court. Such list, and any additions to such list, shall be delivered, within 72 hours of updating the list of sexual offenders residing in the county, to all schools or institutions of higher education located in the county; (7) Within 72 hours of the receipt of changed required registration information, notify the Georgia Bureau of Investigation through the Criminal Justice Information System of each change of information; (8) Retain the verification form stating that the sexual offender still resides at the address last reported; (9) Enforce the criminal provisions of this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation to enforce the provisions of this Code section; (10) Cooperate and communicate with other sheriffs offices in this state and in the United States to maintain current data on the location of sexual offenders; TUESDAY, MARCH 28, 2006 4883 (11) Determine the appropriate time of day for reporting by sexual offenders, which shall be consistent with the reporting requirements of this Code section; (12) If required by Code Section 42-1-14, place any electronic monitoring system on the sexually dangerous predator and explain its operation and cost; (13) Provide current information on names and addresses of all registered sexual offenders to campus police with jurisdiction for the campus of an institution of higher education if the campus is within the sheriff's jurisdiction; and (14) Collect the annual $250.00 registration fee from the sexual offender and transmit such fees to the state for deposit into the general fund. (j)(1) The sheriff of the county where the sexual offender resides or last registered shall be the primary law enforcement official charged with communicating the whereabouts of the sexual offender and any changes in required registration information to the sheriff's office of the county or counties where the sexual offender is employed, volunteers, attends an institution of higher education, or moves. (2) The sheriff's office may post the list of sexual offenders in any public building in addition to those locations enumerated in subsection (h) of this Code section. (k) The Georgia Crime Information Center shall create the Criminal Justice Information System network transaction screens by which appropriate officials shall enter original data required by this Code section. Screens shall also be created for sheriffs offices for the entry of record confirmation data; employment; changes of residence, institutions of higher education, or employment; or other pertinent data to assist in sexual offender identification. (l)(1) On at least 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 school in this state. In addition, the Department of Education shall provide information to each school in this state on accessing and retrieving from the Georgia Bureau of Investigation's website a list of the names and addresses of all registered sexual offenders. (2) On at least an annual basis, the Department of Early Care and Learning shall provide current information to all child care programs regulated pursuant to Code Section 20-1A-10 and to all child care learning centers, day-care, group day-care, and family day-care programs regulated pursuant to Code Section 49-5-12 on accessing and retrieving from the Georgia Bureau of Investigation's 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, commissioning, or registration for early care and education programs. (3) On at least an annual basis, the Department of Human Resources shall provide current information to all long-term care facilities for children on accessing and retrieving from the Georgia Bureau of Investigation's website a list of the names and addresses of all registered sexual offenders. (m) Within ten days of the filing of a defendant's discharge and exoneration of guilt pursuant to Article 3 of Chapter 8 of this title, the clerk of court shall transmit the order 4884 JOURNAL OF THE HOUSE of discharge and exoneration to the Georgia Bureau of Investigation and any sheriff maintaining records required under this Code section. (n) Any individual who: (1) Is required to register under this Code section and who fails to comply with the requirements of this Code section; (2) Provides false information; or (3) Fails to respond directly to the sheriff within 72 hours of such individual's birthday shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that upon the conviction of the second offense under this subsection, the defendant shall be punished by imprisonment for life. (o) The information collected pursuant to this Code section 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; and (3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall, in addition to the requirements of this Code section to inform the public of the presence of sexual offenders in each community, release such other relevant information collected under this Code section that is necessary to protect the public concerning sexual offenders 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. (p) 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. (q) Law enforcement agencies, employees of law enforcement agencies, and state officials shall be immune from liability for good faith conduct under this article. 42-1-13. (a) 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 the board shall be appointed by the commissioner of human resources for terms of four years. On and after July 1, 2006, successors to the members of the board shall be appointed by the Governor. 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 TUESDAY, MARCH 28, 2006 4885 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. (b) The board shall be attached to the Department of Human Resources for administrative purposes and, provided there is adequate funding, shall: (1) Exercise its quasi-judicial, rule-making, or policy-making functions independently of the department and without approval or control of the department; (2) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and (3) 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. (c) Members of the board shall be immune from liability for good faith conduct under this article. 42-1-14. (a) The board shall determine the likelihood that a sexual offender will engage in another crime against a victim who is a minor or a dangerous sexual offense. The board shall make such determination for any sexual offender convicted on or after July 1, 2006, of a criminal act against a minor or a dangerous sexual offense and for any sexual offender incarcerated on July 1, 2006, but convicted prior to July 1, 2006, of a criminal act against a minor. Such determination shall not be required to be made by the board until January 1, 2007; provided, however, that such persons shall be subject to this Code section. A sexual offender shall be placed into Level I risk assessment classification, Level II risk assessment classification, or sexually dangerous predator classification based upon the board's assessment criteria and information obtained and reviewed by the board. The sexual offender may provide the board with information including, but not limited to, psychological evaluations, sexual history polygraph information, treatment history, personal, social, educational, and work history, and may agree to submit to a psychosexual evaluation or sexual history polygraph conducted by the board. If the sexual offender has undergone treatment through the Department of Corrections, such treatment records shall also be submitted to the board for evaluation. The prosecuting attorney shall provide the board with any information available to assist the board in rendering an opinion, including, but not limited to, criminal history and records related to previous criminal history. On and after July 1, 2006, the clerk of court shall send a copy of the sexual offender's conviction to the board and notify the board that a sexual offender's evaluation will need to be performed. The board shall render its recommendation for risk assessment classification within: (1) Sixty days of receipt of a request for an evaluation if the sexual offender is being sentenced pursuant to subsection (c) of Code Section 17-10-6.2; (2) Six months prior to the sexual offender's proposed release from confinement if the offender is incarcerated; and 4886 JOURNAL OF THE HOUSE (3) Forty-five days of receipt of the required registration information if the sexual offender has entered this state from another state and registered as a sexual offender. The board shall send a copy of its risk assessment classification to the Department of Corrections, sexual offender, and sentencing court, if applicable. (b)(1) If the sexual offender has been sentenced pursuant to subsection (c) of Code Section 17-10-6.2, after receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may request that the sentencing court set a date to conduct a hearing affording the sexual 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 sexual offender shall be classified as a sexually dangerous predator. If the court determines the sexual offender to be a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (2) If the sexual offender received a sentence of imprisonment and was sentenced for a dangerous sexual offense on or after July 1, 2006, or if the sexual offender is incarcerated on July 1, 2006, for a crime against a victim who is a minor, after receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may request that the sentencing court set a date to conduct a hearing affording the sexual 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 sexual offender shall be classified as a sexually dangerous predator. If the court determines the sexual offender to be a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (c) Any sexual offender who changes residence from another state or territory of the United States to this state and who is not designated as a sexually dangerous predator, sexual predator, or a sexually violent predator shall have his or her required registration information forwarded by the sheriff of his or her county of registration to the board for the purpose of risk assessment classification. After receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may, within 30 days after the issuance of such classification, request a hearing before an administrative law judge. Such hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board subject to the right of judicial review in accordance with Chapter 13 of Title 50. If the final determination is that the sexual offender is classified as a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (d) Any individual who was classified as a sexually violent predator prior to July 1, 2006, shall be classified as a sexually dangerous predator on and after July 1, 2006. TUESDAY, MARCH 28, 2006 4887 (e) Any sexually dangerous predator shall be required to wear an electronic monitoring system that shall have, at a minimum: (1) The capacity to locate and record the location of a sexually dangerous predator by a link to a global positioning satellite system; (2) The capacity to timely report or record a sexually dangerous predator's presence near or within a crime scene or in a prohibited area or the sexually dangerous predator's departure from specific geographic locations; and (3) An alarm that is automatically activated and broadcasts the sexually dangerous predator's location if the global positioning satellite monitor is removed or tampered with by anyone other than a law enforcement official designated to maintain and remove or replace the equipment. Such electronic monitoring system shall be worn by a sexually dangerous predator for the remainder of his or her natural life. The sexually dangerous predator shall pay the cost of such system to the Department of Corrections if the sexually dangerous predator is on probation; to the Board of Pardons and Paroles if the sexually dangerous predator is on parole; and to the sheriff after the sexually dangerous predator completes his or her term of probation and parole or if the sexually dangerous predator has moved to this state from another state, territory, or country. The electronic monitoring system shall be placed upon the sexually dangerous predator prior to his or her release from confinement. If the sexual offender is not in custody, within 72 hours of the decision classifying the sexual offender as a sexually dangerous predator by the court in accordance with subsection (b) of this Code section or a final decision pursuant to subsection (c) of this Code section, whichever applies to the sexual offender's situation, the sexually dangerous predator shall report to the sheriff of the county of his or her residence for purposes of having the electronic monitoring system placed on the sexually dangerous predator. (f) In addition to the requirements of registration for all sexual offenders, a sexually dangerous predator shall report to the sheriff of the county where such predator resides six months following his or her birth month and update or verify his or her required registration information. 42-1-15. (a) No individual required to register pursuant to Code Section 42-1-12 shall reside or loiter within 1,000 feet of any child care facility, church, school, or area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, church, school, or area where minors congregate at their closest points. (b)(1) No individual who is required to register under Code Section 42-1-12 shall be employed by any child care facility, school, or church or by any business or entity that is located within 1,000 feet of a child care facility, a school, or a church. 4888 JOURNAL OF THE HOUSE (2) No individual who is a sexually dangerous predator shall be employed by any business or entity that is located within 1,000 feet of an area where minors congregate. (c) Notwithstanding any ordinance or resolution adopted pursuant to Code Section 166-24 or subsection (d) of Code Section 16-11-24, it shall be unlawful for any individual required to register pursuant to Code Section 42-1-12 to loiter, as prohibited by Code Section 16-11-36, at any child care facility, school, or area where minors congregate. (d) Any sexual offender who knowingly violates the provisions of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years. (e) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12." SECTION 25. Said title is further amended by striking subsection (b) of Code Section 42-8-35, relating to terms and conditions of probation, and inserting in lieu thereof the following: "(b) In determining the terms and conditions of probation for a probationer who has been convicted of a criminal offense against a victim who is a minor or dangerous sexual offense as that phrase is those terms are defined in subparagraph (a)(4)(B) of Code Section 42-1-12, the court may provide that the probationer shall be: (1) Prohibited from entering or remaining present at a victim's school, place of employment, place of residence, or other specified place at times when a victim is present or from entering or remaining present loitering in areas where minors congregate, child care facilities, churches, or schools as those terms are defined in subsection (a) of Code Section 42-1-13 42-1-12; (2) Required to wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning systems. The Unless the probationer is indigent, the department shall assess and collect fees from the probationer for such monitoring at levels set by regulation by the department; and (3) Prohibited from seeking election to a Local Board of Education local board of education." SECTION 26. Said title is further amended by striking Code Section 42-8-60, relating to probation prior to adjudication of guilt, and inserting in lieu thereof the following: "42-8-60. (a) Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt, in the case of a defendant who has not been previously convicted of a felony, the court may, without entering a judgment of guilt and with the consent of the defendant: TUESDAY, MARCH 28, 2006 4889 (1) Defer further proceeding and place the defendant on probation as provided by law; or (2) Sentence the defendant to a term of confinement as provided by law. (b) Upon violation by the defendant of the terms of probation, upon a conviction for another crime during the period of probation, or upon the court determining that the defendant is or was not eligible for sentencing under this article, the court may enter an adjudication of guilt and proceed as otherwise provided by law. No person may avail himself or herself of this article on more than one occasion. (c) The court shall not sentence a defendant under the provisions of this article and, if sentenced under the provisions of this article, shall not discharge the defendant upon completion of the sentence unless the court has reviewed the defendant's criminal record as such is on file with the Georgia Crime Information Center. (d) The court shall not sentence a defendant under the provisions of this article who has been found guilty of or entered a plea of guilty of a plea of nolo contendere for: (1) A serious violent felony as such term is defined in Code Section 17-10-6.1; (2) A sexual offense as such term is defined in Code Section 17-10-6.2; (3) Sexual exploitation of a minor as defined in Code Section 16-12-100; (4) Electronically furnishing obscene material to a minor as defined in Code Section 16-12-100.1; or (5) Computer pornography and child exploitation, as defined in Code Section 16-12100.2." SECTION 27. Said title is further amended by striking subsections (b) and (c) of Code Section 42-9-39, relating to restrictions on relief for person serving a second life sentence, and inserting new subsections (b) and (c) to read as follows: "(b) Except as otherwise provided in subsection (b) of Code Section 17-10-7, when a person is convicted of murder and sentenced to life imprisonment and such person has previously been incarcerated under a life sentence, such person shall serve at least 25 30 years in the penitentiary before being granted a pardon and before becoming eligible for parole. (c) When a person receives consecutive life sentences as the result of offenses occurring in the same series of acts and any one of the life sentences is imposed for the crime of murder, such person shall serve consecutive ten-year 30 year periods for each such sentence, up to a maximum of 30 60 years, before being eligible for parole consideration." SECTION 28. Said title is further amended by striking in its entirety Code Section 42-9-44.1, relating to conditions of parole for sexual offenders, and inserting in lieu thereof the following: "42-9-44.1. (a) As used in this Code section, the term 'sexual offense' means a violation of Code Section 16-6-1, 16-6-2, 16-6-5.1, 16-6-22, or 16-6-22.2 when the victim was under 18 4890 JOURNAL OF THE HOUSE years of age at the time of the commission of the offense or a violation of Code Section 16-6-3, 16-6-4, or 16-6-5 when the victim was under 14 years of age at the time of the commission of the offense. (b)(1) The board shall adopt rules providing that with respect to any person who has been convicted of a sexual offense, as a condition of parole, the offender shall be ordered to give notice of his or her name and address, the crime for which he or she was convicted, and the date of parole to: (A) The superintendent of the public school district where the offender will reside; and (B) The sheriff of the county wherein the offender will reside. (2) The offender shall provide the notice and information required in paragraph (1) of this subsection within ten days of the release on parole or within ten days of setting up residency in the locale where the offender plans to have his or her domicile. (c) Any sex offender who has been paroled and who moves his or her legal residence from one county within this state to another county within this state shall be required to provide the information and notice required in subsection (b) of this Code section with respect to his or her new residence within ten days after moving during the period of his or her parole. (d) Any person who fails to comply with the requirements of this Code section or who provides false information shall, in the case of a person on parole, be in violation of such person's conditions of parole and shall be guilty of a misdemeanor. (e) 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 offenders providing information to the sheriff under this Code section. Such register shall be open to public inspection. (f) The requirement that a sex offender provide notice and information pursuant to subsections (b) and (c) of this Code section shall terminate upon the offender's satisfactory completion of his or her terms of parole. Reserved." SECTION 29. Said title is further amended by striking in its entirety Code Section 42-9-44.2, relating to chemical treatment and counseling as a condition of parole for child molesters, and inserting in lieu thereof the following: "42-9-44.2. (a) The Board of Pardons and Paroles may in the exercise of its discretion in considering the grant of parole to a person who has been convicted of a second or subsequent offense of child molestation of a child who was 16 years of age or younger at the time of the offense or who has been convicted of a first offense of aggravated child molestation of a child who was 16 years of age or younger at the time of the offense require, as a condition of parole, that such person undergo medroxyprogesterone acetate treatment or its chemical equivalent. While undergoing such treatment, such person must participate in and pay for counseling currently available from a private or public provider of outpatient mental health services. No such treatment shall be administered until such person has consented thereto in writing. TUESDAY, MARCH 28, 2006 4891 (b) A person who is required to undergo medroxyprogesterone acetate treatment or its chemical equivalent and counseling as a condition of parole shall begin such treatment prior to his or her release from confinement in the state correctional institution or other institution, but additional treatment may continue after such defendant's release on parole until the defendant demonstrates to the board that such treatment is no longer necessary. (c) The provision of treatment required as a condition of parole shall be administered by the State Board of Pardons and Paroles through licensed medical personnel employed by the defendant and approved by the board. Any physician or qualified mental health professional who acts in good faith in compliance with the provisions of this Code section in the administration of treatment or provision of counseling provided for in this Code section shall be immune from civil or criminal liability for his or her actions in connection with such treatment. The Department of Corrections shall permit access by such licensed medical personnel for such purpose to any person required to begin the treatment and counseling while confined in a facility of the department. The medical personnel utilized or approved by the board shall be required to inform the person about the effect of hormonal chemical treatment and any side effects that may result from it. A person subject to treatment under this Code section shall acknowledge in writing the receipt of this information. Reserved." SECTION 30. (a) This Act shall become effective July 1, 2006. (b) Any person required to register pursuant to the provisions of Code Section 42-1-12, relating to the state sexual offender registry, and any person required not to reside within areas where minors congregate, as prohibited by Code Section 42-1-13, shall not be relieved of the obligation to comply with the provisions of said Code sections by the repeal and reenactment of said Code sections. (c) The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment. SECTION 31. All laws and parts of laws in conflict with this Act are repealed. Representative Keen of the 179th moved that the House adopt the report of the Committee of Conference on HB 1059. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson E Anderson N Ashe Y Crawford Y Cummings Y Davis Y Day Y Hill, C.A Y Holmes Y Holt Y Horne Y Martin Y Maxwell Y May E McCall Y Sailor E Scheid Y Scott, A Y Scott, M 4892 JOURNAL OF THE HOUSE Y Barnard Y Barnes Y Bearden Beasley-Teague N Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges N 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 Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Dean Y Dickson Y Dodson Dollar N Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree N Henson Y Hill, C Y Houston N Howard, E Y Hudson Y Hugley N Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Jones, S Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin McClinton Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris Y Mosby Y Mosley Mumford Y Murphy, J Y Murphy, Q Neal Oliver 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 Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E 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 Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren N Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 140, nays 13. The motion prevailed. Representatives Dollar of the 5th, Dukes of the 150th, Neal of the 1st, and O'Neal of the 146th 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 supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR TUESDAY, MARCH 28, 2006 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 28, 2006, by adding the following: TUESDAY, MARCH 28, 2006 4893 UNCONTESTED HOUSE/SENATE RESOLUTIONS *All Uncontested Legislation is Structured* HR 410 HR 1048 HR 1052 HR 1055 HR 1082 HR 1128 HR 1287 HR 1396 HR 1464 HR 1535 HR 1555 HR 1558 HR 1560 HR 1604 HR 1663 HR 1667 HR 1778 SB 523 SB 538 SB 539 SB 619 Joint Study Committee on Reporting Requirements for Local School Systems; create Market-Demand Skills Education in High Schools Committee; create Winegrowers Association of Georgia; fine wines; restaurants to list Lymphedema; treatment by nationally certified therapists; urge Higher Education Finance and Formula Study Committee; create House Business Incentive Study Committee; create Joint Public Libraries Study Committee; create House Study Comm. Local Law Enforcement Salaries & Benefits; create House Comprehensive Tax Reform Study Committee; create State Health Benefit Plan Design Team; create House Study Committee on Shared Parenting; create House Study Committee on Biological Privacy; create House Pandemic Preparedness and Response Study Committee; create Environmental Protection Division; electric generation peaking facilities House Study Committee on Public Health; create House State Fiscal Year Study Committee; create House Tag Tax Study Committee; create License Plates; special; honoring family members of service members killed in action; issuance; renewal; fees License Plates, Special; supporting Global War on Terrorism and Iraqi Freedom; provide issuance; renewal; fees License Plates, Special; supporting Global War on Terrorism and Operation Enduring Freedom; provide issuance; renewal; fees License Plates, Special; persons with brain-related disorders/disabilities; provide for issuance, renewal, fees DEBATE CALENDAR Modified Structured Rule SB 96 SB 382 Halal Foods; regulate preparation, marketing, sale, and serving; punishment for violations (Henson 41st) (Graves 12th) Child Support; calculations; definitions; appeal process; change provisions (Harp 29th) (Willard -49th) LC 29 2426S Bills and Resolutions on this calendar may be called in any order the Speaker desires. 4894 JOURNAL OF THE HOUSE Respectfully submitted, /s/ Ehrhart of the 36th Chairman Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 96. By Senators Henson of the 41st, Thompson of the 5th and Fort of the 39th: A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to regulate the preparation, marketing, sale, and serving of Halal foods; to provide punishment for violations; to define certain terms; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to redefine a term; to provide certain exemptions from laws relating to adulteration and misbranding of food; to provide certain exemptions from laws relating to food service establishments; 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 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, is amended in Code Section 26-2-21, relating to definitions relative to said article, by striking paragraph (5) of subsection (a), and inserting in lieu thereof the following: "(5) 'Food sales establishment' means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food processing plants which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores or roadside stands; wholesale sandwich and salad manufacturers, including vending machines and operations connected therewith; and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises; provided, however, that such term shall not include roadside stands where farm or garden produce is sold. Within a food sales establishment, there may be a food service component, not separately operated, which may serve customers on site. This food service component shall be considered as part TUESDAY, MARCH 28, 2006 4895 of the food sales establishment. The food sales component of any food service establishment defined in Code Section 26-2-370 shall not be included in this definition. This term shall not include 'food service establishments' as defined in Code Section 26-2-370. This term also shall not include establishments engaged in the sale of food primarily for consumption off the premises if such sale is an authorized part of and occurs upon the site of a fair or festival which: (A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2; (B) Lasts 120 hours or less; and (C) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted." SECTION 2. Said article is further amended by adding a new Code section to read as follows: "26-2-25.1. The provisions of Code Section 26-2-25 shall not apply to any: (1) Person not regularly engaged in the business of manufacturing and selling food and who prepares food only on order of and for sale directly to the ultimate consumer; (2) Educational, charitable, or religious organization not regularly engaged in the business of manufacturing, processing, or selling food; (3) Individual who prepares and sells food that is not potentially hazardous food at a community event or farmers market, other than a state farmers market, with gross receipts of $10,000.00 or less in a calendar year from all goods sold at retail, including but not limited to the prepared food items, subject to the following requirements: (A) The seller shall display prominently at the point of sale a clearly legible sign or placard stating, 'These products are homemade and not subject to state inspection,' unless the food items were prepared in a kitchen that is licensed and inspected; and (B) Prepared foods sold under this paragraph shall be labeled to accurately reflect the name and address of the person preparing and selling the foods; or (4) Person who receives less than $10,000.00 in gross receipts in a calendar year from all goods sold at retail, including but not limited to the sale of home-processed and home-canned food products, if: (A) The products are: (i) Pickles, vegetables, or fruits having an equilibrium pH value of 4.6 or lower; (ii) Products such as cakes, fruit pies, breads, rolls, jams, jellies, and honey; or (iii) Home-processed and home-canned in this state; (B) The products are sold or offered for sale at a community or social event, food service establishment permitted under Article 13 of this chapter, roadside stand, or farmers market in this state, other than a state farmers market; 4896 JOURNAL OF THE HOUSE (C) The seller displays prominently at the point of sale a clearly legible sign or placard stating, 'These products are homemade and not subject to state inspection,' unless the products were processed and canned in a kitchen that is licensed and inspected; and (D) Each container of the product sold or offered for sale under this paragraph is accurately labeled to provide the name and address of the person who processed and canned the goods and the date on which the goods were processed and canned." SECTION 3. Said article is further amended by adding a new Code section to read as follows: "26-2-32.1. (a) It shall be unlawful for any person or firm to advertise for sale any shelled pecans that are less than whole on any outdoor advertising as such term is defined in Code Section 32-6-71 unless such outdoor advertising states, in letters at least one-half as tall and bold as the tallest and boldest type on the outdoor advertising, the size category of shelled pecan materials being offered for sale, such as but not limited to pecan halves, pieces, granules, meal, or any combination thereof. (b) Violation of subsection (a) of this Code section shall constitute dissemination of a false advertisement for purposes of Code Section 26-2-22. Each day that an outdoor advertisement does not conform to the requirements of subsection (a) of this Code section shall constitute a separate offense." SECTION 4. Article 13 of Chapter 2 of Title 26, relating to food service establishments, is amended by adding a new Code section to read as follows: "26-2-379. This article shall not apply to any: (1) Person not regularly engaged in the business of manufacturing and selling food and who prepares food only on order of and for sale directly to the ultimate consumer; (2) Educational, charitable, or religious organization not regularly engaged in the business of manufacturing, processing, or selling food; (3) Individual who prepares and sells food that is not potentially hazardous food at a community event or farmers market, other than a state farmers market, with gross receipts of $10,000.00 or less in a calendar year from all goods sold at retail, including but not limited to the prepared food items, subject to the following requirements: (A) The seller shall display prominently at the point of sale a clearly legible sign or placard stating, 'These products are homemade and not subject to state inspection,' unless the food items were prepared in a kitchen that is licensed and inspected; and (B) Prepared foods sold under this paragraph shall be labeled to accurately reflect the name and address of the person preparing and selling the foods; or TUESDAY, MARCH 28, 2006 4897 (4) Person who receives less than $10,000.00 in gross receipts in a calendar year from all goods sold at retail, including but not limited to the sale of home-processed and home-canned food products, if: (A) The products are: (i) Pickles, vegetables, or fruits having an equilibrium pH value of 4.6 or lower; (ii) Products such as cakes, fruit pies, breads, rolls, jams, jellies, and honey; or (iii) Home-processed and home-canned in this state; (B) The products are sold or offered for sale at a community or social event, food service establishment permitted under this article, roadside stand, or farmers market in this state, other than a state farmers market; (C) The seller displays prominently at the point of sale a clearly legible sign or placard stating, 'These products are homemade and not subject to state inspection,' unless the products were processed and canned in a kitchen that is licensed and inspected; and (D) Each container of the product sold or offered for sale under this paragraph is accurately labeled to provide the name and address of the person who processed and canned the goods and the date on which the goods were processed and canned." 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: Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Buckner, G Y Burkhalter Y 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 Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Martin Y Maxwell Y May E McCall McClinton Y Meadows Y Millar 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 E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E 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 4898 JOURNAL OF THE HOUSE 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 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 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 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 Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Willard Y Williams, A Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Buckner of the 76th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto: HB 1585. By Representatives Lane of the 167th, Keen of the 179th and Hill of the 180th: A BILL to be entitled an Act to create the Brunswick-Glynn County Joint Water and Sewer Commission; to provide a short title; to define certain terms; to provide for membership, appointment, terms, cooperation, quorums, and officers of the commission; to provide for a director; to provide for purposes; to provide for powers; to provide for ordinance proposals; to provide for tax exemption; to provide for construction; to provide for cumulative nature of powers; to provide an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To create the Brunswick-Glynn County Joint Water and Sewer Commission; to provide a short title; to define certain terms; to provide for membership, appointment, terms, TUESDAY, MARCH 28, 2006 4899 cooperation, quorums, and officers of the commission; to provide for a director; to provide for purposes; to provide for powers; to expressly prohibit the exercise of eminent domain by the commission; to provide for ordinance proposals; to provide for tax exemption; to provide for construction; to provide for cumulative nature of powers; to provide for a referendum; to provide effective dates; to provide for contingent repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Brunswick-Glynn County Joint Water and Sewer Commission Act." SECTION 2. There is hereby created a body corporate and politic, to be known as the BrunswickGlynn County Joint Water and Sewer Commission, which shall 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, complain and defend in all courts of law and equity. The commission shall have perpetual existence, and shall be deemed a governmental body within the meaning of the Georgia Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, specifically under subparagraph (2)(C) of Code Section 36-82-61. SECTION 3. As used in this Act, the following words and terms shall have the following meanings: (1) 'Commission' shall mean the Brunswick-Glynn County Joint Water and Sewer Commission created by Section 2 of this Act. (2) 'City' shall mean the City of Brunswick. (3) 'County' shall mean Glynn County, Georgia. (4) 'Project' shall mean the acquisition, construction, and equipping of a water system, sewer system, or combined water and sewer system and all property used or useful in connection therewith. (5) 'Revenue bonds' and 'bonds' shall mean revenue bonds, certificates, and other obligations of the commission, as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the commission under this Act and as authorized under said article. (6) 'System' means any water system or sewer system or combined water and sewer system of the commission. (7) 'Unified system' shall mean the combined water and sewer systems of the City of Brunswick and Glynn County. SECTION 4. (a) The commission shall consist of five members. The governing authorities of the 4900 JOURNAL OF THE HOUSE county and the city shall each appoint two of their members to the commission. The initial terms of one of the members appointed by the city and one of the members appointed by the county shall be one year from the date of appointment, and all succeeding terms shall be for a period of two years. The terms of all other members of the commission shall be two years from the date of appointment except that no member appointed to one of these four positions or their successors in office shall serve beyond their term in office as a member of the respective appointing body. There shall be no limit to the number of terms a person may serve as a member of the commission. A majority of the four original commission members shall select and name a fifth member to serve on the commission within 30 days of its first meeting. The fifth member shall be a resident of the county and shall serve a term of two years from the date of appointment. Successors in office to the original fifth member shall be selected in the same manner by a majority of members of the commission then sitting. The commission may declare that any member missing three consecutive meetings of the commission has vacated his or her office. The commission may for good cause shown excuse any absence of an individual member so that it does not count toward this limit. If the commission declares an office vacated, it may request the county or the city, as appropriate, to name a successor to serve the balance of that former member's term. Within 30 days of receiving such a request, the governing commission of the county or the city shall appoint a successor. In the case of the fifth member, the four members of the commission that are also members of the governing authorities of the county and the city may name a successor to serve the balance of the member's term. Members of the commission shall be officers of the commission when performing the functions of those offices and shall not be deemed to be officers of the city or county. (b) All members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties, including mileage reimbursed at the standard business mileage rate as determined by the Internal Revenue Service and adopted by the commission. (c) A quorum of the members of the commission shall be required to transact any business. Three members of the commission shall constitute a quorum. A quorum of the commission must include at least one member who is a member of the governing commission of the city and at least one member who is a member of the governing commission of the county. Meetings of the commission shall be conducted in accordance with Robert's Rules of Order. (d) The commission shall elect a chairperson from its members to serve a one year term. There shall be no limit to the number of terms, consecutive or otherwise, that the chairperson may serve. SECTION 5. The commission shall contract with an individual to serve as director to manage the unified system as its employee. The director shall not be a member of the commission and shall not be deemed to be an employee of either the county or the city. TUESDAY, MARCH 28, 2006 4901 SECTION 6. Without limiting the generality of any provisions of this Act, the general purposes of the commission are declared to be those of acquiring, constructing, equipping, maintaining, and operating adequate water supply, treatment, and distribution facilities and sewerage collection, treatment, and distribution facilities; making such facilities and services available to public and private consumers and users located in the city and the county; and extending and improving such facilities as necessary. SECTION 7. After holding a public hearing regarding and prior to entering into an operational agreement with the city and county to operate the unified system and subsequently entering into such an agreement, the commission shall have the following powers and duties: (1) To have a seal and to alter same at its pleasure; (2) To operate a water and sewer system or systems including a unified water and sewer system utilizing the systems and assets of both the county and the city water and sewer systems and to provide water and sewer services to all citizens and customers in the county and the city and to citizens and customers in either political subdivision. The commission shall operate its system or systems in conformity with all applicable regulations, licenses, and permits and shall be liable to pay any fines or assessments resulting from failure to conform to same; (3) To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (4) To acquire real or personal property in its own name by purchase, lease, exchange, gift, or otherwise on such terms and conditions and in such a manner as it may deem proper, necessary, or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of, or dispose of the same in any manner it deems to the best advantage of the commission, and no property shall be acquired under the provisions of this Act 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 reduce the face value of such lien or encumbrance. (5) To appoint, select, and employ such officers, agents, and employees as shall be necessary in the judgment of the commission to accomplish the purposes of the commission, including accountants, auditors, attorneys, consulting engineers, and other professionals; to fix their respective compensation; and to provide for pension and retirement plans for these officers, agents, and employees. After the commission enters into an agreement to operate the unified system, existing water and sewer employees of the county and the city and former employees of the county who are employees of the company operating the county's water and sewer system shall be offered employment with the commission. The position offered to such persons and the terms of compensation are entirely within the discretion of the commission; 4902 JOURNAL OF THE HOUSE (6) To formulate and adopt an annual operating budget of all its revenues and expenses. On or before May 1 of each year the commission shall submit its proposed budget to the county and the city for their comments before its adoption by the commission; (7) 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 constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the commission upon such terms and for such purposes as they deem advisable; (8) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act and to pay the cost of the project in whole or in part from the proceeds of revenue bonds of the commission or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any political subdivision, agency, or instrumentality thereof; (9) To borrow money for any of its corporate purposes and 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; (10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; (11) To enter into an operational agreement with the county and the city detailing the power of the commission to operate the unified system and the rights of the county, the city, and the commission during the period of such operation. The term of such agreement shall not exceed 50 years; (12) To be liable for payment of all charges and expenses of operating the unified system and to receive all income from the operation of the unified system, except that the county and the city shall continue to receive income necessary to retire any existing indebtedness of their systems; (13) To prescribe, fix, and collect rates, fees, tolls, or charges and to revise from time to time and collect such rates, fees, tolls, or charges, provided that such rates, fees, tolls, or charges shall be calculated to cover only the cost of providing services; to provide capital to expand facilities; to maintain, replace, or expand existing facilities; to provide a reasonable reserve for operations; to fund bond sinking funds; or to fund sinking funds for other debt of the county or the city incurred to provide capital portions of their water or sewer system. The commission shall not operate the unified system at a profit; (14) To accept grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon terms and conditions as the United States of America or such agency or instrumentality may impose; TUESDAY, MARCH 28, 2006 4903 (15) To accept grants of money, materials, or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (16) To accept grants of money, materials, or property of any kind from the city, the county, or any agency or instrumentality thereof upon terms and conditions as the city, the county, or such agency or instrumentality may impose; (17) To accept grants of money, materials, or property of any kind from any other source, private or public, provided that such grant or gift is not encumbered with any terms or conditions; (18) To insure its interest and the interest of the county and the city or any other entity with which it contracts in all assets leased or utilized by it; and (19) To do all things necessary or convenient to carry out the powers and duties expressly given in this Act. SECTION 8. The commission shall not have or exercise any power of eminent domain. SECTION 9. The commission shall be charged with formulating a proposal for the standardization of county and city ordinances relating to water and sewer services. Such ordinances shall become effective only upon adoption by the governing authorities of the county and the city. SECTION 10. The commission, or any commission, authority, or other entity or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the commission created in this Act, shall have power and is authorized at one time, or from time to time, to borrow money for the purpose of paying all or any part of the cost, as defined in this Act, of any one or more projects and to provide by resolution for issuance of revenue bonds for that purpose. The bonds of each issue shall be dated, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the commission, and may be made redeemable before maturity, at the option of the commission, at such price or prices and under such terms and conditions as may be fixed by the commission in the resolution providing for the issuance of the bonds. The interest rate or rates to be borne by any bonds and the time of payment of such interest shall be fixed, and with respect to any interest rate which floats in response to a variable, the method of calculation shall be fixed by the commission in the resolution providing for the issuance of all bonds. SECTION 11. The commission is authorized to provide by resolution for the issuance of refunding 4904 JOURNAL OF THE HOUSE bonds of the commission for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon, and to refund any revenue bonds issued by the city, the county, or the commission with respect to any facilities to be acquired by the commission from the city, county, or other political subdivision or authority. SECTION 12. Any action to protect or enforce any rights under the provisions of this Act or any action against the commission shall be brought in the Superior Court of Glynn County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in such court, which shall have exclusive, original jurisdiction of such actions. SECTION 13. Bonds of the commission shall be confirmed and validated in accordance with the procedure provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," as now or hereafter amended. SECTION 14. The properties of the commission, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the city and county and not for purposes of private or corporate benefit and income. Such properties and the commission shall be exempt from all taxes of any city, county, the state, or any political subdivision thereof. SECTION 15. This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes thereof. SECTION 16. This Act does not in any way take from the county or the city the authority to own, operate, and maintain water, sanitary sewerage, and water pollution control facilities or to issue revenue bonds as provided by Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; but the powers granted by this Act to the commission shall be in addition to and cumulative of all other powers now or hereafter given to any municipal corporation or political subdivision of this state. SECTION 17. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendents of the City of Brunswick and Glynn County shall call and conduct elections as provided in this section for the purpose of submitting this Act to the electors of the City of Brunswick and to the electors of all that portion of Glynn County outside of the City of Brunswick for approval or rejection. The election superintendents shall TUESDAY, MARCH 28, 2006 4905 conduct such elections on the date of the state-wide general primary in 2006 and shall issue the call and conduct those elections as provided by general law. The election superintendent of Glynn County shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Glynn County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which creates the Brunswick-Glynn County ( ) NO Joint Water and Sewer Commission?" 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 by the voters of the City of Brunswick and more than onehalf of the votes cast on such question by the voters of all that portion of Glynn County outside of the City of Brunswick are for approval of the Act, then Sections 1 through 15 of this Act shall become of full force and effect immediately. If the Act is not so approved by the voters of the City of Brunswick and the voters of all that portion of Glynn County outside the City of Brunswick or if the election is not conducted as provided in this section, Sections 1 through 15 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Brunswick and Glynn County. It shall be the election superintendents duties to certify the result thereof to the Secretary of State. SECTION 18. Except as otherwise provided in Section 17 of this Act, this Act shall be come effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 19. If this Act becomes effective under Section 16 of this Act, this Act shall stand repealed one year after the date on which this Act becomes so effective unless an operational agreement between the City of Brunswick and Glynn County has been entered into under Section 7 of this Act prior to such latter date. SECTION 20. All laws and parts of laws in conflict with this Act are repealed. HB 1616. By Representatives Scott of the 2nd and Neal of the 1st: A BILL to be entitled an Act to provide a homestead exemption from Walker County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead after a threeyear phase in period for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of 4906 JOURNAL OF THE HOUSE the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To provide a homestead exemption from Walker County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead after a three-year phase in period for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) As used in this Act, the term: (1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Walker County school district, except for ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b)(1) Each resident of the Walker County school district who is a senior citizen is granted an exemption on that person's homestead from all Walker County school district ad valorem taxes for educational purposes as follows: (A) For the taxable years beginning on or after January 1, 2008, and prior to January 1, 2010, in the amount of $25,000.00 of the assessed value of that homestead; and (B) For all taxable years commencing on or after January 1, 2010, in the amount of $50,000.00 of the assessed value of the homestead. (2) The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax commissioner of Walker County giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination TUESDAY, MARCH 28, 2006 4907 regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Walker County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to Walker County school district ad valorem taxes for educational purposes. (f) The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2008. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Walker County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Walker County school district for approval or rejection. The election superintendent shall conduct that election on the date of the July, 2006, state-wide general primary and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Walker County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which provides a homestead exemption from Walker County school district ad valorem taxes for educational purposes ( ) NO in the amount of $50,000.00 of the assessed value of the homestead for after a three-year phase in period residents of that school district who are 70 years of age or over?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2008. 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 4908 JOURNAL OF THE HOUSE Walker County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the agreement to the Senate substitutes, 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 Beasley-Teague Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E 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 Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Jennings Johnson Jones, J Y Jones, S Y Jordan Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Lindsey Y Lord Loudermilk Lucas Lunsford Maddox Y Mangham Manning Y Marin Y Martin Y Maxwell Y May E McCall McClinton Y Meadows Millar Y Mills Y Mitchell Y Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Willard Y Williams, A Williams, E Y Williams, R Wix Y Yates Richardson, Speaker TUESDAY, MARCH 28, 2006 4909 On the agreement to the Senate substitutes, the ayes were 138, nays 0. The House has agreed to the Senate substitutes. HB 1223. By Representatives Brown of the 69th, Cooper of the 41st, O`Neal of the 146th, Coleman of the 144th, Epps of the 128th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to revise certain provisions relating to contracts between county boards and authorization for and provisions applicable to a county board of health serving as a community service board; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to revise and add certain definitions relating to community service boards; to revise certain provisions relating to the designation of boundaries for mental health, developmental disabilities, and addictive diseases regions; to revise certain provisions relating to the creation, membership, participation, powers, and bylaws of community mental health, developmental diseases, and addictive diseases service boards; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to revise certain provisions relating to contracts between county boards and authorization for and provisions applicable to a county board of health serving as a community service board; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to revise and add certain definitions relating to community service boards; to revise certain provisions relating to the designation of boundaries for mental health, developmental disabilities, and addictive diseases regions; to revise certain provisions relating to the creation, membership, participation, powers, and bylaws of community mental health, developmental diseases, and addictive diseases service boards; to revise certain provisions relating to the program director, staff, budget, and facilities of community service boards; to provide for the ceasing of operations of a community service board; to revise certain provisions relating to director's emergency powers upon failure of community service board to establish and administer progress; to revise certain provisions relating to allocation of available funds for services; to provide for statutory construction; 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: 4910 JOURNAL OF THE HOUSE SECTION 1. Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, is amended by striking Code Section 31-3-12.1, relating to contracts between county boards and authorization for and provisions applicable to a county board of health serving as a community service board, in its entirety and inserting in its place the following: "31-3-12.1. (a) In addition to any other power authorized by law, the county governing authority may authorize the county board of health to enter into a contract with the department or a community mental health, developmental disabilities, and addictive diseases service board created under Chapter 2 of Title 37 to provide certain mental health, developmental disabilities, and addictive diseases services based on the contractual agreement between the parties. Further, a county governing authority may authorize a county board of health, wherever applicable, to serve as the community mental health, developmental disabilities, and addictive diseases service board, provided that the county governing authority, the board of health, and any other affected county governing authority acts pursuant to subsection (e) of Code Section 37-2-6. In the event that the county governing authority exercises the authority granted by this Code section subsection, Chapter 2 of Title 37, or Code Section 37-2-6, the county board of health shall appoint a director for mental health, developmental disabilities, and addictive diseases or a supervisor of the specific service which is being provided by the county board of health, whichever is applicable, who shall meet the requirements established by this Code section subsection. The director for mental health, developmental disabilities, and addictive diseases, or the service supervisor, shall not be required to be a physician and shall be a person other than the director of the county board of health appointed pursuant to Code Section 31-3-11. Further, such director for mental health, developmental disabilities, and addictive diseases or such supervisor of the specific service shall report directly to the community service board or the county board of health, whichever is applicable, and shall have no formal reporting relationship with the director of the county board of health. (b) Pursuant to subsection (e) of Code Section 37-2-6, a county governing authority may authorize the membership of a county board of health to serve as the membership of a community mental health, developmental disabilities, and addictive diseases service board, provided that the county governing authority, the county board of health, and any other affected county governing authority act pursuant to subsection (e) of Code Section 37-2-6. If the membership of a county board of health exercises the authority granted pursuant to this Code section subsection and Chapter 2 of Title 37 to serve as the membership of a community service board, the membership of the county board of health shall constitute the membership of the community service board and, at any time that such members are exercising duties and powers related to mental health, developmental disabilities, and addictive diseases, the community service board shall be an independent agency and shall operate in accordance with the provisions of Title 37 as a community service board. Notwithstanding any provisions of law to the TUESDAY, MARCH 28, 2006 4911 contrary, a community service board and a county board of health which have the same membership may contract with each other, provided that any such contract is approved by the department prior to adoption." SECTION 2. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking paragraphs (4) and (20) of Code Section 37-1-1, relating to definitions regarding general provisions relative to mental health, in their entirety and inserting in their respective places the following: "(4) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6 which provides one or more mental health, developmental disability, and addictive disease services through contract with the department. Such community service board may enroll with the department to become a provider of specific mental health, developmental disability, and addictive disease services with such services being negotiated and contracted annually with the department." "(20) 'Service area' means a community service area." SECTION 3. Said title is further amended by striking paragraph (2) of Code Section 37-2-2, relating to definitions relative to the administration of mental health, developmental disabilities, addictive diseases, and other disability services, in its entirety and inserting in its place the following: "(2) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6 which provides one or more mental health, developmental disabilities, and addictive diseases services through contract with the department. Such community service board may enroll with the department to become a provider of specific mental health, developmental disabilities, and addictive diseases services with such services being negotiated and contracted annually with the department. (2.1) 'Community service board area' means an area inclusive of the counties which fall within the boundaries of a community service board as designated by the division pursuant to subsection (b) of Code Section 37-2-3 for the establishment of a community service board. (2.2) 'Community service board service area' means a community service board area and any other county or portion thereof in which the community service board provides services." SECTION 4. Said title is further amended by striking subsection (b) of Code Section 37-2-3, relating to designation of boundaries for mental health, developmental disabilities, and addictive diseases regions, in its entirety and inserting in its place the following: 4912 JOURNAL OF THE HOUSE "(b) The division, with the approval of the commissioner, shall designate community service board areas, which shall serve as boundaries for the establishment and operation of community service boards within this state for the purpose of delivering disability services. The division shall be authorized to initiate the redesignation of such community service board area boundaries and may consider requests from a county or group of counties or a community service board or a group of community service boards for recommended changes to the boundaries of the community service board areas. The division, with the approval of the commissioner, is authorized to redesignate two or more contiguous community service board areas as a single community service board area upon the request of the community service boards serving such areas; and, if so authorized, the assets, equipment, and resources of such community service boards shall become the assets, equipment, and resources of the reconstituted community service board serving the successor single board area. It is the intent of the General Assembly not to limit a community service board to serving only those counties within the boundaries of its community service board area." SECTION 5. Said title is further amended by striking Code Section 37-2-6, relating to the creation, membership, participation, powers, and bylaws of community mental health, developmental diseases, and addictive diseases service boards, in its entirety and inserting in its place the following: "37-2-6. (a) Community service boards, created in conformity with the service areas established pursuant to subsection (b) of Code Section 37-2-3, shall in existence on June 30, 2006, are re-created effective July 1, 2006, to provide one or more mental health, developmental disability disabilities, and addictive disease diseases services through contract with the department. Such community service boards may enroll and contract with the department to become a provider of specific mental health, developmental disabilities, and addictive diseases services with such services being negotiated and contracted annually with the department. Such boards shall be considered public agencies. Each community service board shall be a public corporation and an instrumentality of the state within the boundaries determined under subsection (b) of Code Section 37-2-3 served by the community service board; provided, however, the liabilities, debts, and obligations of a community service board shall not constitute liabilities, debts, or obligations of the state or any county or municipal corporation and neither the state nor any county or municipal corporation shall be liable for any liability, debt, or obligation of a community service board. Each community service board re-created pursuant to this Code section is created for nonprofit and public purposes to exercise essential governmental functions. The re-creation of community service boards pursuant to this Code section shall not alter the provisions of Code Section 37-2-6.2 which shall apply to those re-created community service boards and their employees covered by that Code section and those employees rights are retained. TUESDAY, MARCH 28, 2006 4913 (b) Each community service board shall consist of members appointed by the county governing authorities of the counties within the community service board area from nominations by the boards of health of the counties within the boundaries of the community service board. Membership on such community service board shall be determined as follows: (1)(A) Each The governing authority of each county within the community service board area: with (i) With a population of 50,000 or less according to the most recent United States decennial census of 1990 or any future such census shall appoint one member to the board; and (2)(ii) Each county with With a population of more than 50,000 according to the most recent United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof; or (3)(B) The appointment or appointments for each county shall be made by the county governing authority; In the event that the number of community service board member positions established in accordance with subparagraph (A) of this paragraph would exceed 13, the membership of such community service board pursuant to this subsection shall be appointed as follows and the bylaws shall be amended accordingly: (i) For community service boards whose community service board area contains 13 or fewer counties, the board shall be set at 13 members and appointments to the board shall be made by the governing authority of each county within the community service board area in descending order from the county with the largest population to the county with the smallest population according to the most recent United States decennial census and this method shall be repeated until all 13 members of the community service board are appointed. If a county governing authority fails to make an appointment within a reasonable time, the next descending county by population shall make an appointment and the method shall continue; and (ii) For community service boards whose community service board area contains more than 13 counties, one member of the community service board shall be appointed by the governing authority of each county within the community service board area, so that the number of members on the board is equal to the number of counties in the community service board area. (4) The county governing authority shall appoint as at least one of its appointments a consumer of disability services, a child psychiatrist, a family member of a consumer, an advocate for disability services, or a local leader or businessperson with an interest in mental health, developmental disabilities, and addictive diseases; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services; 4914 JOURNAL OF THE HOUSE (5)(2) The chief executive or a designee of the chief executive of each county governing authority or municipal governing authority which contributes funding or resources which equal or exceed one-half of 1 percent of the budget allocation from the division for disability services within the area governed by the community service board shall serve as an ex officio, voting member of the community service board; and In addition to the members appointed pursuant to paragraph (1) of this subsection, each community service board may appoint up to three additional members in order to address variation in the population sizes of counties or the financial contributions of counties within the community service board area or may authorize the elected chief executive officer of a county governing authority, by whatever name called, or an elected member of that county governing authority to serve on the community service board while holding such elective office. The bylaws of the community service board shall address the number of such additional members, if any, and the purpose or purposes for which such positions are created. The term of office of such additional members shall be the same as that of other members as provided in subsection (h) of this Code section; except that the term of office of a member in a position created to authorize the elected chief executive officer of a county governing authority, by whatever name called, or an elected member of that county governing authority to serve on the community service board shall be the same term of office as the elective term of office of said chief executive officer or said member of that county governing authority; (3) Each community service board in existence on June 30, 2006, shall reconstitute its membership in accordance with the provisions of paragraphs (1) and (2) of this subsection, effective July 1, 2006, as follows: (A) A community service board which increases or reduces the number of its members in accordance with paragraphs (1) and (2) of this subsection shall revise its bylaws adopted in accordance with subsection (h) of this Code section to reflect such increases or reductions. A community service board which reduces the number of its members shall designate which position or positions are to be eliminated and shall make reasonable efforts to eliminate any position or positions of members whose terms expire on or before June 30, 2006; provided, however, that members serving on a community service board whose terms do not expire on or before June 30, 2006, shall continue to serve out the terms of office to which they were appointed, regardless of whether this causes a board to temporarily exceed the maximum number of members. Any additional positions created in conformity with such paragraphs (1) and (2) may be filled on July 1, 2006, and the governing authority of a county that is otherwise authorized to appoint such additional community service board member or members may do so no sooner than May 1, 2006, but any person so appointed shall not take office until July 1, 2006. If a position on such community service board is not filled on July 1, 2006, a vacancy in that position shall be deemed to have occurred on that date. A community service board is authorized to make whatever changes necessary in the terms of office of its TUESDAY, MARCH 28, 2006 4915 members in order to achieve the staggering of terms required by subsection (h) of this Code section; and (B) The term of office of an ex officio, voting member of a community service board holding membership on June 30, 2006, shall expire on June 30, 2006; and (6)(4)(A) A person shall not be eligible to be appointed to or serve on a community service board if such person is: (i) A member of the regional planning board which serves the region in which that community service board is located; (ii) An employee or board member of a public or private entity which contracts with the division to provide mental health, developmental disabilities, and addictive diseases services within the region; or (iii) An employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board. (B) A person shall not be eligible to be appointed to or serve on a community service board if such person's spouse, parent, child, or sibling is a member of that community service board or a member, employee, or board member specified in division (i), (ii), or (iii) of subparagraph (A) of this paragraph. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may be appointed to a regional planning board until a period of at least two years has passed since the time such person served on the community service board, and no person who has served a full term or more on a regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board. (5) A community service board created in accordance with this subsection shall reconstitute its membership in conformity with the most recent United States decennial census in accordance with subparagraph (d)(2)(C) of Code Section 1-3-1. (b.1) A county governing authority may appoint the school superintendent, a member of the board of health, a member of the board of education, or any other elected or appointed official to serve on the community service board provided that such person meets the qualifications of paragraph (4) (1) of subsection (b) of this Code section and such appointment does not violate the provisions of Chapter 10 of Title 45. For terms of office which begin July 1, 1994, or later, an employee of the Department of Human Resources or an employee of a county board of health may not serve on a community service board. (c) In making appointments to the community service board, the various county governing authorities shall ensure that such appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional community service board area and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably and capably represented on the community service board, and in making nominations for such appointments the board of health shall county governing authorities may consider 4916 JOURNAL OF THE HOUSE suggestions from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, People First of Georgia, the Georgia Parent Support Network, National Alliance for the Mentally Ill Georgia, the American Association for Retired Persons, Georgians for Children, the National Mental Health Association of Georgia, Georgia ARC Network, and the Georgia Council on Substance Abuse and their local chapters and affiliates. For the purposes of this subsection, 'advocacy groups' means any organizations or associations that advocate for, promote, or have an interest in disability services and are exempted as a charitable organization from federal income tax pursuant to Section 501(c) of the Internal Revenue Code; provided, however, that 'advocacy groups' shall not mean paid providers of disability services. (c.1) A county governing authority in making appointments to the community service board shall take into consideration that at least one member of the community service board is an individual who is trained or certified in finance or accounting; provided, however, if after a reasonable effort at recruitment there is no person trained or certified in finance or accounting within the community service board area who is willing and able to serve, the county governing authority may consider for appointment any other person having a familiarity with financial or accounting practices. (d) Each county within the boundaries established for in which the governing authority of the county is authorized to appoint members to the community service board shall participate with the board in the operation of the program through the community service board. All contractual obligations, including but not limited to real estate leases, rentals, and other property agreements, other duties, rights, and benefits of the mental health, developmental disabilities, and addictive diseases service areas in existence on December 31, 2002 June 30, 2006, shall continue to exist along with the new powers granted to the community service boards effective January 1, 2003 July 1, 2006. (e) Notwithstanding any other provision of this chapter, a community service board may be constituted in a method other than that outlined in subsection (b) of this Code section if: (1) A board of health of a county desiring to be the lead county board of health for that county submits a written agreement to the division before July 1, 1993, to serve as the community service board and to continue providing disability services in that county after July 1, 1994, and the governing authority for that county adopts a resolution stating its desire to continue the provision of disability services through its board of health after July 1, 1994, and submits a copy of such resolution to the division before July 1, 1993; or (2)(A) The lead county board of health for a community mental health, mental retardation, and substance abuse service area, as designated by the division on July 15, 1993, but which area excludes any county which meets the requirements of paragraph (1) of this subsection, submits a written agreement to the division and to all counties within such service area to serve as the community service board for TUESDAY, MARCH 28, 2006 4917 that area and to continue providing disability services after July 1, 1994, which agreement shall be submitted between July 31, 1993, and December 31, 1993; and (B) Each county governing authority which is within the service area of a lead county board of health which has submitted an agreement pursuant to subparagraph (A) of this paragraph adopts a resolution stating its desire to continue the provision of disability services through such lead county board of health after July 1, 1994, and submits a copy of that resolution to the division, the regional board, and the lead county board of health between July 31, 1993, and December 31, 1993; and (3) The lead county board of health qualifying as such under paragraph (1) or (2) of this subsection agrees in writing to appoint a director for mental health, mental retardation, and substance abuse other than the director of the county board of health as stipulated in Code Section 31-3-12.1, to appoint an advisory council on mental health, mental retardation, and substance abuse consisting of consumers, families of consumers, and representatives from each of the counties within the boundaries of the community service board, and to comply with all other provisions relating to the delivery of disability services pursuant to this chapter. (f) If the conditions enumerated in subsection (e) of this Code section are not met prior to or on December 31, 1993, a community service board as provided in subsection (b) shall be established and appointed by January 31, 1994, to govern the provision of disability services within the boundaries of the community service board. Such community service board shall have the authority to adopt bylaws and undertake organizational and contractual activities after January 31, 1994; provided, however, that the community service board established pursuant to this Code section may not begin providing services to clients until July 1, 1994. (g) If a community service board is established pursuant to paragraph (2) of subsection (e) of this Code section, such community service board must operate as established at least until June 30, 1996; provided, however, that in each fiscal year following June 30, 1996, the counties included under the jurisdiction of such a community service board may vote to reconstitute the community service board pursuant to the provisions of subsection (b) of this Code section by passage of a resolution by a majority of the county governing authorities within the jurisdiction of the community service board prior to January 1, 1997, or each year thereafter. (h) Each community service board shall adopt bylaws and operational policies and guidelines in conformity with procedures established by the division the provisions of this chapter. Those bylaws shall address board appointment procedures, initial terms of board members, the staggering of terms, quorum, a mechanism for ensuring that consumers of disability services and family members of consumers constitute a majority no less than 50 percent of the appointed board members appointed pursuant to subsection (b) of this Code section, and a mechanism for ensuring equitable representation of the various disability groups. A quorum for the transaction of any business and for the exercise of any power or function of the community service board shall consist of a majority of the total number of filled board member positions appointed pursuant to subsection (b) of this Code section. A vote of the majority of 4918 JOURNAL OF THE HOUSE such quorum shall be the act of the governing board of the community service board except where the bylaws of the community service board may require a greater vote. The regular term of office for each community service board member shall be three years. Vacancies on such board shall be filled in the same manner as the original appointment. For the purposes of this subsection, 'equitable representation of the various disability groups' shall mean that consumers and family members of such consumers who constitute no less than 50 percent of the board members holding membership pursuant to subsection (b) of this Code section shall be appointed so as to assure that an equal number of such members to the fullest extent possible represents mental health, developmental disabilities, and addictive diseases interests. (i) Each community service board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six and no more than 13 members, not including ex officio members any additional members appointed pursuant to paragraph (2) of subsection (b) of this Code section, notwithstanding the provisions of subsection (b) of this Code section, which members in all other respects shall be appointed as provided in this Code section. (j) No officer or employee of a community service board who has authority to take, direct others to take, recommend, or approve any personnel action shall take or threaten action against any employee of a community service board as a reprisal for making a complaint or disclosing information concerning the possible existence of any activity constituting fraud, waste, or abuse in or relating to the programs, operations, or client services of the board to the board or to a member of the General Assembly 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. Any action taken in violation of this subsection shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court. (k) A member of a community service board who after notice that such member has failed to complete any required training prescribed by the department pursuant to paragraph (4) of subsection (b) of Code Section 37-1-20 continues such failure for 30 days may be removed from office by the remaining members of the community service board. (l) A member of a community service board may resign from office by giving written notice to the executive director of the community service board. The resignation is irrevocable after delivery to such executive director but shall become effective upon the date on which the notice is received or on the effective date given by the member in the notice, whichever date is later. The executive director, upon receipt of the resignation, shall give notice of the resignation to the remaining members of the community service board and to the chief executive officer or governing authority of the county that appointed the member. (m) The office of a member of a community service board shall be vacated upon such member's resignation, death, or inability to serve due to medical infirmity or other incapacity, removal by the community service board as authorized in this Code section TUESDAY, MARCH 28, 2006 4919 or upon such other reasonable condition as the community service board may impose under its bylaws. (n) A member of a community service board may not enter upon the duties of office until such member takes the following oath of office: STATE OF GEORGIA COUNTY OF __________ I, _______________________, do solemnly swear or affirm that I will truly perform the duties of a member of the _______________________ Community Service Board to the best of my ability. I do further swear or affirm: (1) That I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; (2) That I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding; (3) That I am otherwise qualified to hold said office according to the Constitution and the laws of Georgia; and (4) That I will support the Constitution of the United States and this state. _____________________ Signature of member of ____________________ Community Service Board Sworn and subscribed before me this ______ day of ______________, ____. (SEAL)" _____________________ Typed name of member of ____________________ Community Service Board SECTION 6. Said title is further amended by striking Code Section 37-2-6.1, relating to the program director, staff, budget, and facilities of community service boards, in its entirety and inserting in its place the following: "37-2-6.1. (a) Each community service board shall employ an executive director to serve as its chief executive officer who shall direct the day-to-day operations of the community service board. Such executive director shall be appointed and removed by the community service board and shall appoint other necessary staff pursuant to an annual budget adopted by the board, which budget shall provide for securing appropriate facilities, sites, and professionals necessary for the provision of disability services. The community service board may delegate any power, authority, duty, or function to its 4920 JOURNAL OF THE HOUSE executive director or other staff. The executive director or other staff is authorized to exercise any power, authority, duty, or function on behalf of the community service board. (b) Each community service board, under the jurisdiction of its board, shall perform duties, responsibilities, and functions and may exercise power and authority described in this subsection. Each program may exercise the following power and authority: (1) Each community service board may adopt bylaws for the conduct of its affairs; provided, however, that the community service board shall meet at least quarterly, and that all such meetings and any bylaws shall be open to the public, as otherwise required under Georgia law; (2) Each community service board may make and enter into all contracts necessary and incidental to the performance of its duties and functions; (3) Each community service board may acquire by purchase, gift, lease, or otherwise and may own, hold, improve, use, and sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes; (4) Each community service board may contract to utilize the services of the Department of Administrative Services, the State Merit System of Personnel Administration, the state auditor, or any other agency of state, local, or federal government; (5) Each community service board may provide, either independently or through contract with appropriate state or local governmental entities, the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons: (A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise, but medical and hospitalization benefits may only be provided through the Department of Community Health under the same conditions as provided for such benefits to state employees, and the Department of Community Health shall so provide if requested; (B) Life insurance coverage and coverage under federal old age and survivors insurance programs; (C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits; (6) Each community service board may cooperate with all units of local government within the boundaries of in the counties where the community service board provides services as well as neighboring regions and with the programs of other departments, agencies, and regional commissions and regional planning boards; (7) Each community service board shall establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees; provided, however, each community service board shall comply with the provisions of Chapter 20 of Title 45, relating to state personnel administration, for as long as and to the extent that each employee of such board shall be who is a covered employee as defined in Code Section 45-20-2, and is subject to the rules and TUESDAY, MARCH 28, 2006 4921 regulations of the state merit system State Merit System of Personnel Administration remains in a covered position or as otherwise provided by law; (8) Each community service board may receive and administer grants, gifts, contracts, moneys, and donations for purposes pertaining to the delivery of disability services; (9) Each community service board may establish fees for the provision of disability services according to the terms of contracts entered into with the Department of Human Resources and the Department of Community Health state-wide standards; (10) Each community service board may accept appropriations, loans of funds, facilities, equipment, and supplies from the local governmental entities within its boundaries in the counties where the community service board provides services; (11) Each member of the community service board may, upon approval of the executive director, receive reimbursement for actual expenses incurred in carrying out the duties of such office; provided, however, such reimbursement shall not exceed the in conformance with rates and allowances set for state employees by the Office of Planning and Budget and the same milage or the mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier; (12) Each community service board shall elect a chairperson and vice chairperson from among its membership; and the. The members shall also elect a secretary and treasurer from among its membership or may designate the executive director of the community service board to serve in one or both offices. Such officers shall serve for such terms as shall be prescribed in the bylaws of the community service board or until their respective successors are elected and qualified. No member shall hold more than one office of the community service board; except that the same person may serve as secretary and treasurer. The bylaws of the community service board shall provide for any other officers of such board and the means of their selection, the terms of office of the officers, and an annual meeting to elect officers; (13) Each community service board may have a seal and alter it; (14) Each community service board may contract with the State Merit System of Personnel Administration regarding its personnel who remain in the classified service; (15) Each community service board may establish fees, rates, rents, and charges for the use of facilities of the community service board for the provision of disability services when approved by in accordance with the terms of contracts entered into with the department; (16) Each community service board may borrow money for any business purpose and may incur debt, liabilities, and obligations for any business purpose. A debt, liability, or obligation incurred by a community service board shall not be considered a debt, liability, or obligation of the state or any county or any municipality or any political subdivision of the state. A community service board may not borrow money as permitted by this Code section if the highest aggregate annual debt service requirements of the then current fiscal year or any subsequent year for outstanding borrowings of the community service board, including the proposed borrowing, 4922 JOURNAL OF THE HOUSE exceed 15 percent of the total revenues of the community service board in its fiscal year immediately preceding the fiscal year in which such debt is to be incurred. Interest paid upon such borrowings shall be exempt from taxation by the state or its political subdivisions. A state contract with a community service board shall not be used or accepted as security or collateral for a debt, liability, or obligation of a community service board without the prior written approval of the commissioner; (17) Each community service board, to the extent authorized by law and the contract for the funds involved, may carry forward without lapse fund balances and establish operating, capital, and debt reserve accounts from revenues and grants derived from state, county, and all other sources; and (18) Each community service board may operate, establish, or operate and establish facilities deemed by the community service board as necessary and convenient for the administration, operation, or provision of disability services by the community service board and may construct, reconstruct, improve, alter, repair, and equip such facilities to the extent authorized by state and federal law. (c) Nothing shall prohibit a community service board from contracting with any county governing authority, private or other public provider, or hospital for the provision of disability services. (d) Each community service board exists for nonprofit and public purposes, and it is found and declared that the carrying out of the purposes of each community service board is exclusively for public benefit and its property is public property. Thus, no community service board shall be required to pay any state or local ad valorem, sales, use, or income taxes. (e) A community service board does not have the power to tax, the power to issue general obligation bonds or revenue bonds or revenue certificates, or the power to financially obligate the state or any county or any municipal corporation. (f) A community service board shall not operate any facility for profit. A community service board may fix fees, rents, rates, and charges that are reasonably expected to produce revenues, which, together with all other funds of the community service board, will be sufficient to administer, operate, and provide the following: (1) Disability services; (2) The cost of acquiring, constructing, equipping, maintaining, repairing, and operating its facilities; and (3) The creation and maintenance of reserves sufficient to meet principal and interest payments due on any obligation of the community service board. (g) Each community service board may provide reasonable reserves for the improvement, replacement, or expansion of its facilities and services. Reserves under this subsection shall be subject to the limitations in paragraph (16) of subsection (b) of this Code section. (h) Each county and municipal corporation of this state is authorized to convey or lease property of such county or municipal corporation to a community service board for its public purposes. Any property conveyed or leased to a community services board by a county or municipal corporation shall be operated by such community service board in accordance with this chapter and the terms of the TUESDAY, MARCH 28, 2006 4923 community service board's agreements with the county or municipal corporation providing such conveyance or lease. (i) Each community service board shall keep books of account reflecting all funds received, expended, and administered by the community service board which shall be independently audited annually. (j) When approved by the commissioner, a A community service board may create, form, or become a member of a nonprofit corporation, limited liability company, or other nonprofit entity, the voting membership of which shall be limited to community service boards, governmental entities, nonprofit corporations, or a combination thereof, if such entity is created for purposes that are within the powers of the community service board, for the cooperative functioning of its members, or a combination thereof; provided, however, that no funds provided pursuant to a contract between the department and the community service board may be used in the formation or operation of the nonprofit corporation, limited liability company, or other nonprofit entity. No community service board, whether or not it exercises the power authorized by this subsection, shall be relieved of compliance with Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. (k) No community service board shall employ or retain in employment, either directly or indirectly through contract, any person who is receiving a retirement benefit from the Employees Retirement System of Georgia except in accordance with the provisions of subsection (c) of Code Section 47-2-110; provided, however, that any such person who is employed as of July 1, 2004, may continue to be employed. (l) A community service board may join or form and operate, either directly or indirectly, one or more networks of community service boards, disability professionals, and other providers of disability services to arrange for the provision of disability services through such networks; to contract either directly or through such networks with the Department of Community Health to provide services to Medicaid beneficiaries; to provide disability services in an efficient and cost-effective manner on a prepaid, capitation, or other reimbursement basis; and to undertake other disability related managed care activities. For purposes of this subsection only and notwithstanding Code Section 33-3-3 or any other provision of law, a community service board shall be permitted to and shall comply with the requirements of Chapter 20A of Title 33 to the extent that such requirements apply to the activities undertaken by the community service board or by a community service board under this subsection or subsection (j) of this Code section. No community service board, whether or not it exercises the powers authorized by this subsection, shall be relieved of compliance with Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. Any licensed health care provider shall be eligible to apply to become a participating provider under such a plan or network that provides coverage for health care or disability services which are within the lawful scope of the provider's license, but nothing in this Code section shall be construed to require any such plan or network to provide coverage for any specific health care or disability service." 4924 JOURNAL OF THE HOUSE SECTION 7. Said title is further amended by adding after Code Section 37-2-6.4, relating to reconstituting or converting of organizational structure, a new Code section to read as follows: "37-2-6.5. (a) By joint action of the membership of a community service board created pursuant to Code Section 37-2-6 and the governing authority of each county that contributes funds or resources to such board within the community service board area, such community service board may cease operations; provided, however, such community service board shall notify the commissioner at least 90 days in advance of the meeting of the community service board in which such action is to be taken. Such joint action shall indicate the date on which the community service board shall cease operations. (b) Upon receipt of notification that a community service board intends to cease operations, the commissioner shall notify the chairperson and executive director of such community service board and the governing authority of each county within the community service board area of such board that: (1) The department, after securing the approval of the Governor, intends to appoint a manager or management team to manage and operate the programs and services of the community service board in accordance with the provisions of paragraph (1) of subsection (c) of Code Section 37-2-10 until the division shall determine: (A) That such community service board should continue in operation, provided one or more members appointed to such board in accordance with subsection (b) of Code Section 37-2-6 shall be removed in accordance with subparagraph (c)(3)(H) of Code Section 37-2-10, and the division, acting on behalf of the membership of the community service board, nominates a successor to a removed member and advises the county governing authority that appointed such removed member to appoint a successor; (B) That all of the members of such community service board appointed in accordance with subsection (b) of Code Section 37-2-6 shall be removed and such community service board shall be reconstituted; and that the division shall assist the county governing authorities in making appointments to the new community service board; or (C) In the case where the membership of such community service board is the membership of a county board of health designated in accordance with Code Section 31-3-12.1 or subsection (e) of Code Section 37-2-6, that the entire membership of the community service board should be removed and the membership of the community service board be reconstituted in accordance with subsection (b) of Code Section 37-2-6; (2) The division, with the approval of the commissioner, intends to redesignate the boundaries of the community service board area served by such board pursuant to paragraph (1) of subsection (b) of Code Section 37-2-3 by expanding the boundaries of an adjacent community service board area served by another community service board to include the counties in the community service board area served by the TUESDAY, MARCH 28, 2006 4925 community service board that intends to cease operations so that the community service board serving such adjacent area may assume responsibility for the provision of disability services within such counties; (3) The department intends to request pursuant to Code Section 31-3-12.1 that the governing authority of a county within the community service board area of such board authorize the membership of the board of health of such county to serve as the membership of such community service board; or (4) The department, after securing the approval of the Governor, intends to appoint a manager or management team to manage and operate the programs and services of the community service board until such time as arrangements can be made to secure one or more alternate service providers to assume responsibility for the provision of services previously provided by the community service board. (c) If a community service board ceases operation and is succeeded by another community service board pursuant to paragraph (2), a county board of health pursuant to paragraph (3), or a manager or management team pursuant to paragraph (4) of subsection (b) of this Code section, the division shall make a determination about the disposition of all assets, equipment, and resources purchased with state or federal funding in the possession of the predecessor community service board. (d) If a community service board ceases operation and one or more alternate service providers assume responsibility for the provision of services previously provided by the community service board pursuant to paragraph (4) of subsection (b) of this Code section, the department shall petition the superior court of the county in which the principal office of that community service board was located for appointment of a receiver of the assets of the community service board for the protection of the board's creditors and the public. The receiver shall be authorized to marshal and sell or transfer assets of the board, and, after payment of the costs, expenses, and approved fees of the proceeding, to pay the liabilities of the community service board. The court shall then decree that the board be dissolved. Upon completion of the liquidation, any surplus remaining after paying all costs of the liquidation shall be distributed, as determined by the court, to the agencies, entities, or providers providing disability services in the community service board area formerly served by the community service board which ceased operations. At no time shall any community service board upon ceasing operations convey any of its property, except as may be otherwise authorized by a superior court in this subsection, to any private person, association, or corporation." SECTION 8. Said title is further amended by striking Code Section 37-2-10, relating to director's emergency powers upon failure of community service board to establish and administer progress, in its entirety and inserting in its place the following: "37-2-10. (a) Notwithstanding any other provisions of the law, the director with the concurrence of the commissioner and the Governor is authorized to establish and administer community programs on an emergency basis in the event one or more community 4926 JOURNAL OF THE HOUSE service boards fail to assume responsibility for the establishment and implementation of an adequate range of disability services or to provide appropriate disability services as determined by the division or substantially breach their contracts with the department pursuant to this chapter. (b) Upon notification by a community service board of an inability to provide an adequate range of disability services or to provide appropriate services, the director, with concurrence of the commissioner and the Governor, may: (1) Assume responsibility for the administration and operation of all of the community programs operated by or through such board and, in which case, the programs shall become department programs; the department shall acquire the assets of the community service board; and the community service board employees shall become employees of the department; or (2) Assume responsibility for the administration and operation of one or more of the community programs operated by or through such board, in which case, such program or programs shall become a department program or programs; the department shall acquire those assets of the community service board assigned to such program or programs; and the employees of such program or programs shall become employees of the department. Any community service board programs not transferred to the department shall continue to be operated by the community service board and the employees for such programs shall remain community service board employees; or. (3)(c)(1) Notwithstanding any other provisions of the law, in extenuating circumstances, the director with the concurrence of the commissioner and the Governor is authorized to Appoint appoint a manager or management team to manage and operate the programs and services of the community service board until such time as a determination has been made that the circumstances or conditions causing the appointment of a manager or management team have been sufficiently corrected. Upon such a determination, the authority to manage and operate the programs and services of the community service board shall be returned to the community service board. if the director finds that the community service board: (A) Provides notice pursuant to Code Section 37-2-6.5 that such board intends to cease operations; (B) Intentionally, recklessly, or negligently failed to discharge its duties pursuant to a contract with the department; (C) Misused state or federal funds; (D) Engaged in a fraudulent act, transaction, practice, or course of business; (E) Endangered the life, safety, or health of a consumer served by the community service board; (F) Failed to keep fiscal records and maintain proper control over its assets; (G) Failed to respond to a substantial deficiency in a review or audit; (H) Otherwise substantially failed to comply with this chapter or the rules or standards of the department or division; or TUESDAY, MARCH 28, 2006 4927 (I) No longer has the fiscal ability to continue to provide contracted services and without the intervention of the department, continued provision of disability services to consumers in the service area is in immediate jeopardy. (2) In order to carry out the provisions of paragraph (1) of this subsection, the director shall give written notice to the community service board regarding the appointment of a manager or management team and the circumstances on which the appointment is based. The director may require the community service board to pay costs incurred by the manager or management team. (3) Subject to the determination of the director, a manager or management team appointed pursuant to this subsection may: (A) Evaluate, redesign, modify, administer, supervise, or monitor a procedure, operation, or the management of the community service board; (B) Hire, supervise, discipline, reassign, or terminate the employment of an employee of the community service board; (C) Reallocate the resources and manage the assets of the community service board; (D) Require that a financial transaction, expenditure, or contract for goods and services be approved by the manager or management team; (E) Redesign, modify, or terminate a program or service of the community service board; (F) Direct the members of the community service board, the executive director, chief financial officer, or any other administrative or program manager to take an action; (G) Exercise a power, duty, authority, or function of the community service board as authorized by this chapter; (H) Recommend to the director the removal of a member or the executive director of the community service board; and the provisions of any law to the contrary notwithstanding, the director may remove such member or executive director from office; and (I) Report at least monthly to the director on actions taken. (4) A manager or management team appointed pursuant to this subsection may not use or dispose of any asset or funds contributed to the community service board by the governing authority of a county or municipal corporation without the approval of such governing authority. (5) If a manager or management team is appointed pursuant to this Code section, the department may: (A) Upon a determination that the conditions that gave rise to the appointment of a manager or management team pursuant to this subsection have been met and that such manager or management team is no longer necessary, terminate the authority delegated to such manager or management team and restore authority to the community service board to manage and operate the services and programs of the community service board; or 4928 JOURNAL OF THE HOUSE (B) Operate and manage the programs of the community service board until such time as arrangements can be made to secure one or more alternative service providers to assume responsibility for the provision of services previously provided by the community service board. If this option is exercised, the department shall petition the appropriate superior court for appointment of a receiver pursuant to subsection (d) of Code Section 37-2-6.5. (6) Nothing in this subsection shall be construed to prohibit the department from canceling a contract with a community service board." SECTION 9. Said title is further amended by striking subsections (b) and (c) of Code Section 37-2-11, relating to allocation of available funds for services, in its entirety and inserting in its place the following: "(b) Fees generated, if any, by hospitals, community service boards, and other private and public providers, providing services under contract or purview of the regional offices division, shall be reported to the regional offices division and applied wherever appropriate against the cost of providing, and increasing the quantity and quality of, disability services; provided, however, that income to a community service board derived from fees may be used to further the purposes of such community service board as found in Code Section 37-3-6.1, subject to appropriations. The division shall be responsible for developing procedures to properly account for the collection, remittance, and reporting of generated fees. The regional offices division shall work with the community service boards and other public or private providers to develop an appropriate mechanism for accounting for the funds and resources contributed to local disability services by counties and municipalities within the area. Such contributions are not required to be submitted to either the community service boards or the regional offices division; however, appropriate documentation and accounting entries shall make certain that the county or municipality is credited, and if necessary compensated, appropriately for such contribution of funds or resources. (c) No person shall be denied disability services provided by the state as defined in this chapter based on age, gender, race, ethnic origin, or inability to pay; provided, however, unless otherwise prohibited by law or contract, providers of disability services may deny nonemergency disability services to any person who is able to pay, but who refuses to pay. The division shall develop a state-wide sliding fee scale for the provision of disability services and shall promulgate standards that define emergency disability services and refusal to pay." SECTION 10. Nothing in this Act shall be construed to affect or abate any right accrued or vested prior to July 1, 2006, or any action or proceeding commenced prior to July 1, 2006, under any law amended or repealed by this Act. SECTION 11. TUESDAY, MARCH 28, 2006 4929 This Act shall become effective July 1, 2006, except that those provisions which authorize community service boards to amend their bylaws and authorize county governing authorities to appoint no sooner than May 1, 2006, any community service board members to take office on July 1, 2006, shall become effective upon the approval of this Act 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 Brown of the 69th moved that the House agree to the Senate substitute to HB 1223. 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 Beasley-Teague Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas 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 Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Jones, S Y Jordan Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Lindsey Y Lord Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May E McCall McClinton Y Meadows Y Millar 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 Parsons Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E 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 Stephenson Y Talton Y 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 Wix Y Yates Richardson, Speaker 4930 JOURNAL OF THE HOUSE On the motion, the ayes were 148, nays 0. The motion prevailed. HB 1019. By Representatives Day of the 163rd, Horne of the 71st, Neal of the 1st, Hanner of the 148th, Chambers of the 81st and others: A BILL to be entitled an Act to create and establish the "Taser Certification Act"; to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to require certified training for law enforcement officers for the official use of tasers, stun guns, or other similar devices; 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 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to enact the "TASER and Electronic Control Weapons Act"; to require training and certification for peace officers authorized to use TASERs or other similar electronic control weapons or devices; to provide for legislative intent; to require the adoption of written policies for those law enforcement agencies utilizing TASERs and other similar electronic control weapons and devices; 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 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, is amended by adding a new Code section immediately following Code Section 35-8-25 to read as follows: "35-8-26. (a) This Code section shall be known and may be cited as the 'TASER and Electronic Control Weapons Act.' (b) It is the intent and purpose of the Georgia General Assembly to establish legal requirements for the official use of electronic control weapons and similar devices by law enforcement officers, including those officers employed in detention facilities, which requirements shall be consistent with generally accepted industry practices. It is the further intent of the General Assembly to require that such devices, commonly referred to as TASERS or stun-guns, which disrupt the central nervous system of the TUESDAY, MARCH 28, 2006 4931 human body, be used for law enforcement purposes in a manner consistent with established standards and with federal and state constitutional provisions. (c) A law enforcement unit authorizing the use of electronic control weapons or similar devices shall establish lawful written policies and directives providing for the use and deployment of such weapons and devices that are consistent with the training requirements established by the Georgia Peace Officer Standards and Training Council. The policies and directives required by this subsection shall be issued prior to the issuance of such devices. (d) Prior to the official use of electronic control weapons or similar devices, peace officers authorized by the officers law enforcement unit to use such devices shall be required to satisfactorily complete a course of instruction and certification requirements approved by the council. All persons certified to use electronic control weapons shall complete an update or refresher training course of such duration and at such time as may be prescribed by the council in order for their electronic control weapons certification to remain in force and effect. (e) A department head authorizing the use of an electronic control weapon or similar device or a peace officer using an electronic control weapon or similar device in violation of this Code section shall be subject to disciplinary action as provided for in this chapter. The council is authorized to withdraw or suspend the certification to operate an electronic control weapon of any person for failure to meet the update or refresher requirements specified in this Code section or for violation of any portion of this chapter relating to conditions which may lead to the withdrawal, suspension, or probation of a peace officers certification. (f) The Georgia Public Safety Training Center shall provide council approved training to peace officers for the use of electronic control weapons and similar devices." SECTION 2. This Act shall become effective on January 1, 2007, excepting that provisions applying to council certification and provisions for training offered by the Georgia Public Safety Training Center shall become effective six months after the effective date of an appropriations Act containing a specific appropriation to fund certification by the council and training by the center. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Day of the 163rd moved that the House agree to the Senate substitute to HB 1019. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson E Anderson Y Crawford Y Cummings Y Davis Y Hill, C.A Y Holmes Y Holt Y Martin Y Maxwell Y May Sailor E Scheid Y Scott, A 4932 JOURNAL OF THE HOUSE Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y 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 Y Coleman, T Y Cooper Y Cox Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Horne Y Houston Y Howard, E 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 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 Y Lunsford Y Maddox Y Mangham Y Manning Y Marin E McCall McClinton Y Meadows Y Millar 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 Y Sims, C Y Sims, F E 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 Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 155, nays 0. The motion prevailed. Due to a mechanical malfunction, the vote of Representative Stanley-Turner of the 53rd was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1335. By Representatives Day of the 163rd, Crawford of the 127th, Amerson of the 9th, Horne of the 71st, Hanner of the 148th and others: A BILL to be entitled an Act to amend Code Section 35-3-34.1 of the O.C.G.A., relating to the circumstances when an exonerated first offender's criminal record may be disclosed, so as to permit state or local law enforcement units to review first offender record information when hiring a law enforcement officer; to amend Code Section 42-8-63.1 of the O.C.G.A., TUESDAY, MARCH 28, 2006 4933 relating to first offender probation discharges that disqualify individuals from employment, so as to permit consideration of such a discharge when employing a law enforcement officer; to change certain provisions relating to the disqualification of individuals from employment based on first offender probation discharge information and the disclosure of exonerated first offender records; 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 35-3-34.1 of the Official Code of Georgia Annotated, relating to the circumstances when an exonerated first offender's criminal record may be disclosed, so as to authorize state or local law enforcement units and the Georgia Peace Officer Standards and Training Council to review first offender record information when hiring a law enforcement officer for a certified position or otherwise review the criminal history of applicants, candidates, or peace officers; to amend Code Section 42-8-63.1 of the Official Code of Georgia Annotated, relating to first offender probation discharges that disqualify individuals from employment, so as to permit consideration of such a discharge when employing a law enforcement officer for a certified position or when considering an applicant, candidate, or peace officers certification status; to change certain provisions relating to the disqualification of individuals from employment based on first offender probation discharge information and the disclosure of exonerated first offender records; 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 35-3-34.1 of the Official Code of Georgia Annotated, relating to the circumstances when an exonerated first offender's criminal record may be disclosed, is amended by designating the existing provisions as subsection (a) and inserting a new subsection (b) to read as follows: "(b) First offender records including records of arrests, charges, or sentences may be released to any law enforcement unit and the Georgia Peace Officer Standards and Training Council where the request for information is an inquiry about a person who has applied for employment in a certified position or a person who is an applicant, candidate, or peace officer as defined in Code Section 35-8-2." SECTION 2. Code Section 42-8-63.1 of the Official Code of Georgia Annotated, relating to first offender probation discharges that disqualify individuals from employment, is amended 4934 JOURNAL OF THE HOUSE by designating the existing provisions as subsection (a) and inserting a new subsection (b) to read as follows: "(b) Any discharge under this article may be used to disqualify a person from acquiring or maintaining a peace officer certification as provided for in Chapter 8 of Article 35 and also may disqualify a person from employment in a certified position with a law enforcement unit where the discharge under this article pertained to a felony offense or a crime involving moral turpitude." 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 Day of the 163rd moved that the House agree to the Senate substitute to HB 1335. 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 Beasley-Teague Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Buckner, G Y Burkhalter Y Burmeister 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 Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming E 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 Harbin Y Hatfield Y Hill, C.A Y Holmes Y Holt Y Horne Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Kidd Y Knight Y Knox Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Martin Y Maxwell Y May E McCall McClinton Y Meadows Y Millar Mills Y Mitchell Y Morgan 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 E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Sheldon Y Sims, C Y Sims, F E 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 Watson Y Wilkinson Willard TUESDAY, MARCH 28, 2006 4935 Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Heard, J Y Heard, K Heckstall Y Hembree Henson Y Hill, C Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Williams, A Y Williams, E Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 142, nays 0. 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. HB 1275. By Representatives Smith of the 129th, Floyd of the 147th, Rynders of the 152nd, Graves of the 12th and Channell of the 116th: 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 for the revocation of a commercial driver's license upon violation of Code Sections 16-8-2 through 16-8-9; 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 1275 by striking "Code Section 40-5-151 of the Official Code of Georgia Annotated, relating to disqualification from driving, so as" on lines 3 and 4 on page 1 and inserting in lieu thereof "Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driver's licenses, so as to provide for the acquisition and admission of evidence regarding driving under the influence under certain circumstances;". By redesignating Section 3 as Section 4 and by striking lines 23 and 24 on page 1 and inserting in lieu thereof the following: Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driver's licenses, is amended by inserting a new subsection (d.1) in Code Section 40-5-67.1, relating to chemical tests, to read as follows: "(d.1) Nothing in this Code section shall be deemed to preclude the acquisition or admission of evidence of a violation of Code Section 40-6-391 if obtained by voluntary consent or a search warrant as authorized by the Constitution or laws of this state or the United States." 4936 JOURNAL OF THE HOUSE SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 40-5-151, relating to disqualification from driving, and inserting in lieu Representative Smith of the 129th moved that the House agree to the Senate amendment to HB 1275. 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 Beasley-Teague Benfield Y Benton Y Black Bordeaux 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 Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd N 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 Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Johnson Jones, J Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Maxwell May E McCall McClinton Y Meadows Y Millar 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 Y Parham Y Parrish Y Parsons Y Porter Powell Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor E Scheid Y Scott, A Y Scott, M N Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E 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 Warren Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 142, nays 3. The motion prevailed. TUESDAY, MARCH 28, 2006 4937 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. Representative Forster of the 3rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 379. By Representatives Bridges of the 10th, Cummings of the 16th, Heath of the 31st and Heath of the 31st: A BILL to be entitled an Act to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, so as to provide that a member of such retirement system employed on or after July 1, 2006, who has an impairment which prevents him or her from performing his or her duties in the position he or she held at the onset of the impairment shall not be entitled to receive a disability allowance unless his or her employer certifies that there is no available position comparable in compensation which such employee is capable of performing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, so as to provide that a member of such retirement system applying for a disability retirement shall notify the employing agency; to provide that the employing agency shall determine if an alternative position is available for such employee; to provide conditions for such alternative employment; to provide for a written offer and acceptance or appeal; to provide procedures for an appeal; to provide that such employee who refuses to accept an offer of alternative employment shall not be eligible for a disability retirement; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, is amended by striking in its entirety subsection (b) of Code Section 47-2-123, relating to allowance payable upon death, disability, or involuntary separation from employment under the Employees Retirement System of Georgia, restrictions on separating from employment, restrictions on 4938 JOURNAL OF THE HOUSE separating from state service, and employee entitled to involuntary separation benefits, and inserting in lieu thereof the following: "(b)(1) Subject to the provisions of paragraphs (2) through (5) of this subsection, any Any member in service who has at least 15 years of creditable service may be retired on a disability allowance by the board of trustees, upon written application to the board of trustees by the member or his or her employer and upon certification by the medical board that he or she is medically or physically incapable of further performance of his or her duties in the position he or she held at the time his or her disability originated, that incapacity is likely to be permanent, and that he or she should be retired; provided, however, that the medical board shall not consider any evidence of such disability which is not submitted within 12 months after the date the member submits his or her first application for a disability retirement. The board of trustees may retire such member not less than 30 days nor more than 90 days after execution and filing of the written application. (2) A member making application for a disability retirement pursuant to paragraph (1) of this subsection shall at the same time submit a copy of such application together with any supporting documentation accompanying such application to his or her employing agency. The member shall thereafter provide the employing agency with any additional information or documentation which he or she submits to the board of trustees in conjunction with such application. (3) After receipt of the notice provided for in paragraph (2) of this subsection, the head of the member's agency or his or her designee shall conduct an interview with the member applying for disability retirement; provided, however, that any designee of the head of an agency shall be an official at such agency who is above the level of the applicant's immediate supervisor and who has the authority to make job assignment decisions. The interview shall be held within ten business days after receipt of such notice. Based on the interview and information received by the agency pursuant to paragraph (2) of this subsection, the agency head or his or her designee shall determine if an alternative position is available for the member which meets the following requirements: (A) The physical requirements for such position are compatible with the member's physical limitations; (B) The annual compensation and possibility for future advancement for such position shall be the same as or greater than that of the current position of the member; (C) The duties for such position shall be reasonably compatible with the experience and educational qualifications of the member; (D) The position shall be one which includes the holder thereof as a member of the retirement system provided for by this chapter; and (E) The position must be available for acceptance by the member and an offer of the position to the official or member must be made, in writing, by not later than 45 days after the member submitted his or her application for a disability retirement. TUESDAY, MARCH 28, 2006 4939 An agency making an offer of alternative employment as provided in this paragraph shall so notify the board of trustees within 45 days after the member submitted his or her application for a disability retirement. After receipt of such notice, the board of trustees shall not approve a disability retirement until the procedures of paragraph (4) of this subsection are resolved. (4) Any member applying for a disability retirement who is offered a position of employment in conformity with the requirements of paragraph (3) of this subsection shall accept the offer or dispute his or her ability to perform the tasks required by the position offered by submitting a written appeal to the agency and to the board of trustees within 30 days after receiving the offer. In the event of an appeal, the agency shall promptly submit to the medical board a detailed description of the requirements of the position offered and the medical board shall determine, based upon all information available to it, whether the member is reasonably capable of performing such tasks. The decision of the medical board shall be final. If the medical board determines that the member is unable to perform the tasks required either by the position held at the time of the application for a disability retirement or the position offered, the member shall be placed on disability retirement immediately. (5) A member who refuses to accept a position offered or file an appeal in a timely manner or who refuses to accept a position which the medical board has determined on appeal that he or she is capable of performing shall not be eligible to receive a disability retirement under this subsection." SECTION 2. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Bridges of the 10th moved that the House agree to the Senate substitute to HB 379. 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 Beasley-Teague Y Crawford Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Martin Y Maxwell Y May E McCall McClinton Y Meadows Y Millar Y Mills Y Sailor E Scheid Y Scott, A Scott, M Y Setzler Shaw Y Sheldon Y Sims, C 4940 JOURNAL OF THE HOUSE 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 Burns Y Butler Byrd Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Johnson Y Jones, J 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 Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 Sims, F E 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 Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 145, nays 0. The motion prevailed. 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 Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SB 636. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in such code or other laws of the state, so as to define the term biodiesel fuel; to repeal conflicting laws; and for other purposes. Representative Sims of the 169th moved that the House insist on its position in substituting SB 636. TUESDAY, MARCH 28, 2006 4941 The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1044. By Representatives Cheokas of the 134th, Barnard of the 166th, Lane of the 158th, Lunsford of the 110th, Forster of the 3rd and others: A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide that part-time municipal and city court judges shall be treated as full-time judges for purposes of being exempt from certain state weapons requirements so that part-time judges shall be exempt in the same manner as full-time judges; 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 Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide that part-time municipal and city court judges shall be treated as full-time judges for purposes of being exempt from certain state weapons requirements so that part-time judges shall be exempt in the same manner as full-time judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, is amended by striking paragraph (12) of subsection (a) of Code Section 16-11-130, relating to exemptions from Code Sections 1611-126 through 16-11-128, and inserting in its place a new paragraph (12) to read as follows: "(12) State and federal trial and appellate judges, full-time and permanent part-time judges of municipal and city courts, and former state trial and appellate judges retired from their respective offices under state retirement;" SECTION 2. This Act shall become effective on July 1, 2006. 4942 JOURNAL OF THE HOUSE SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Cheokas of the 134th moved that the House agree to the Senate substitute to HB 1044. 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 Beasley-Teague Y Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges N Brooks Y Brown Bruce Y Bryant Y Buckner, D Buckner, G E 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 Ehrhart Y England Y Epps Y Everson 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 Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox N Mangham Manning Y Marin N Martin Y Maxwell Y May E McCall McClinton Y Meadows Y Millar Y Mills Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor E Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Sims, F E 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 Watson Y Wilkinson Willard Y Williams, A Y Williams, E Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 142, nays 4. 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: TUESDAY, MARCH 28, 2006 4943 SB 413. By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Thomas of the 2nd, Fort of the 39th 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, the compulsory school attendance law, so as to change certain provisions relating to mandatory education for children between ages six and 16; to provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the permission of his or her parent or guardian; to require parent or guardian approval; to provide for a conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance required; to change certain provisions relating to exemptions from compulsory attendance; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Coleman of the 97th moved that the House insist on its position in substituting SB 413. The motion prevailed. The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto: SB 145. By Senators Grant of the 25th, Butler of the 55th and Staton of the 18th: A BILL to be entitled an Act to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to define certain terms; to provide for a certificate of registration for hair braiders and hair designers; to provide for qualifications; to provide for application and fees; to provide for reciprocity; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate amendment was read: The Senate moves to amend the House substitute to SB 145 by striking lines 19 and 20 of page 1 and inserting in lieu thereof the following: (3) 'Board' means the State Board of Cosmetology. By striking lines 2 through 37 of page 4 and lines 1 and 2 of page 5 and inserting in lieu thereof the following: 4944 JOURNAL OF THE HOUSE Said chapter is further amended by striking subsection (c) of Code Section 43-10-2, relating to creation of the Board of Cosmetology, and inserting in lieu thereof the following: (c) The board shall meet as necessary each year for the purpose of holding examinations, adopting rules and regulations, and handling other matters pertaining to duties of the board. Board members may attend and observe all written and practical examinations held for certificates of registration pursuant to this chapter. Representative Mitchell of the 88th moved that the House agree to the Senate amendment to the House substitute to SB 145. 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 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 Y Buckner, G E Burkhalter Y Burmeister Burns Y Butler Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Cox Y Crawford Y Cummings N Davis Y Day Y Dean Y Dickson Y Dodson N Dollar Y Drenner Y Dukes Ehrhart N England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D N Graves, T Y Greene Y Hanner 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, E 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 Keen N Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin Martin Y Maxwell N May E McCall McClinton Y Meadows Y Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q N Neal Oliver N O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B N Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor E Scheid Y Scott, A N Scott, M N Setzler Shaw Y Sheldon Sims, C Y Sims, F E 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 N Tumlin N Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker TUESDAY, MARCH 28, 2006 4945 On the motion the ayes were 129, nays 25. The motion prevailed. The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto: HB 1456. By Representatives Meadows of the 5th, Maxwell of the 17th, Smith of the 131st, Forster of the 3rd, Holt of the 112th 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 provide availability of an accident and sickness policy upon termination of dependent coverage based on the age of the dependent; to change requirements as to individual accident and sickness policies to insure certain dependent children of the insured up to and including age 25; to provide an exception for certain matters concerning renewability of individual accident and sickness policies; to provide for the Commissioner to promulgate rules and regulations; to require that certain group accident and sickness insurance policies insure certain dependent children of the insured up to and including age 25; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, so as to provide an exception for certain matters concerning renewability of individual accident and sickness policies; to provide for the Commissioner to promulgate rules and regulations; to provide availability of an accident and sickness policy upon termination of dependent coverage based on the age of the dependent; 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 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, is amended by striking Code Section 33-29-9, relating to requirements as to references in policies to noncancelable nature or guaranteed renewability nature of individual accident and sickness insurance, and inserting in its place a new Code section to read as follows: 4946 JOURNAL OF THE HOUSE "33-29-9. (a) No policy of accident or sickness insurance shall refer to its noncancelable nature without at the same time disclosing all options the insurer may have in regard to renewability; and the guaranteed renewable nature of any such policy shall not be referred to unless the reference at the same time discloses the qualifications on the guarantee of renewability, including any age limits, any right to change premium rates by class, any aggregate provisions, and any other limitations on the right to renewal in a manner which shall not minimize or render obscure the qualifying conditions. (b) An insurer operating in the major medical or comprehensive, guaranteed renewable business in the State of Georgia shall permit an insured to change his or her major medical or comprehensive coverage, upon election at any renewal, to a comparable product currently offered by that insurer or a product currently offered by that insurer with more limited product benefits; to a product with higher deductibles; or to modify his or her existing coverage to elect any optional higher deductibles under that policy. If such product, benefit, or deductible change is elected by the insured during the 60 day required period after notice of renewal premium increase but before renewal date, such insured shall not be subject to any new preexisting conditions exclusion that did not apply to his or her original coverage. (c) The Commissioner shall adopt such rules and regulations as he or she deems necessary for the administration of this Code section." SECTION 2. Said chapter is further amended by adding a new Code Section 33-29-21.1 to read as follows: "33-29-21.1. Every policy which contains a provision for termination of coverage of a dependent upon the reaching of a certain age shall contain a provision to the effect that, upon the date of the dependent reaching the age at which coverage would terminate under the provisions of the policy, the dependent shall be entitled to have issued to him or her, without evidence of insurability, upon application made to the company within 45 days following the date the dependent reaches the age at which coverage would terminate and upon the payment of the appropriate premium, an individual or family policy of accident and sickness insurance then being issued by the insurer which provides coverage most nearly similar to the coverage contained in the policy which was terminated by reason of dependent reaching a certain age or any similar individual or family policy then being issued by the insurer which contains lesser coverage. Any and all probationary or waiting periods set forth in such an individual or family policy shall be considered as being met to the extent coverage was in force under the prior policy." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. TUESDAY, MARCH 28, 2006 4947 Representative Meadows of the 5th moved that the House agree to the Senate substitute to HB 1456. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G E 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 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 Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Graves, T Y Greene Y Hanner 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 Y Horne Y Houston Y Howard, E 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 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 E McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor E Scheid Y Scott, A Y Scott, M Setzler Y Shaw Sheldon Sims, C Y Sims, F E 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 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. HB 1244. By Representatives Scott of the 2nd, Reece of the 27th, Chambers of the 81st, Williams of the 4th, Graves of the 12th and others: 4948 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of the motor fuel tax, so as to change certain provisions regarding exemptions of sales by duly licensed bulk distributors with respect to public mass transit bases; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of the motor fuel tax, so as to change certain provisions regarding exemptions of sales by duly licensed bulk distributors with respect to public mass transit buses; to provide for an additional exemption for a limited period of time with respect to certain vehicles operated by a public campus transportation system; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of the motor fuel tax, is amended by striking paragraph (10) of subsection (b) and inserting in its place a new paragraph (10) to read as follows: "(10)(A) During the period of July 1, 2005 2006, through June 30, 2008, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for public mass transit buses vehicles which are owned by state or local government or an entity created by local or general law of the General Assembly public transportation systems which receive or are eligible to receive funds pursuant to 49 U.S.C. Sections 5307 and 5311 for which passenger fares are routinely charged and which buses vehicles are used exclusively for revenue generating purposes which motor fuel sales occur at bulk purchase facilities approved by the department. (B) During the period of July 1, 2006, through June 30, 2008, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for vehicles operated by a public campus transportation system, provided that such system has a policy which provides for free transfer of passengers from the public transportation system operated by the jurisdiction in which the campus is located; makes the general public aware of such free transfer policy; and receives no state or federal funding to assist in the operation of such public campus transportation system and which motor fuel sales occur at bulk purchase facilities approved by the department. (C) For purposes of this paragraph, the term 'vehicle' or 'vehicles' means buses, vans, minibuses, or other vehicles which have the capacity to transport seven or more passengers." TUESDAY, MARCH 28, 2006 4949 SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Representative Scott of the 2nd moved that the House agree to the Senate substitute to HB 1244. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Buckner, G E 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 Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson 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 Holt Y Horne Y Houston Y Howard, E 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 Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Marin Y Martin Y Maxwell Y May E McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Y Orrock 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 Roberts Y Rogers Y Royal Y Rynders Y Sailor E Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P 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 Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 151, nays 0. The motion prevailed. 4950 JOURNAL OF THE HOUSE HB 338. By Representatives Warren of the 122nd, Jenkins of the 8th, Burns of the 157th, Williams of the 165th, Mosley of the 178th and others: A BILL to be entitled an Act to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to change certain provisions relating to primitive weapons; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for certain matters relating to game and fish violations; to specify a date certain for rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to change certain provisions relating to legal weapons for hunting wildlife generally; to change certain provisions relating to unlawful use of certain substances and equipment in hunting game animals or game birds; to define a term; to prohibit computer assisted remote hunting; to provide punishments for violations; to provide for forfeiture of certain equipment used in the commission of crime; to prohibit the importation of live cervids into this state; to prohibit the importation or possession of certain whole cervid carcasses or cervid carcass parts; to define certain terms; to provide penalties for violations; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking Code Section 27-1-39, relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations, and inserting in lieu thereof the following: "27-1-39. Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this title, the terms 'rules and regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on October 1, 2003 January 1, 2006." SECTION 2. Said title is further amended in Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, by striking paragraph (2) and inserting in lieu thereof the following: TUESDAY, MARCH 28, 2006 4951 "(2) During primitive weapon hunts or primitive weapons seasons, longbows, recurve bows, crossbows, compound bows, muzzleloading firearms of .44 caliber or larger with iron sights only and without telescopic sights, and muzzleloading shotguns of 20 gauge or larger loaded with single shot may be used;" SECTION 3. Said title is further amended by striking Code Section 27-3-12, relating to unlawful use of certain substances and equipment in hunting game animals or game birds, and inserting in lieu thereof the following: "27-3-12. (a) It shall be unlawful to hunt any wild animal, game animal, or game bird by means of drugs, poisons, chemicals, smoke, gas, explosives, recorded calls or sounds, or recorded and electronically imitated or amplified sounds or imitations of calls or sounds calls. It shall also be unlawful to use electronic communications equipment for the purpose of facilitating pursuit of any wild animal, game bird, or game animal. (b)(1) As used in this subsection, the term 'computer assisted remote hunting' means the use of a computer or other device, equipment, hardware, or software to control remotely the aiming and discharge of a firearm or other weapon so as to allow a person not holding that firearm or other weapon to hunt or shoot a wild animal or any wildlife. (2) It shall be unlawful for any person, firm, partnership, or association to engage in computer assisted remote hunting or provide or operate a facility that allows others to engage in computer assisted remote hunting if the wild animal or wildlife being hunted or shot is located in this state. (3)(A) Any person violating the provisions of this subsection shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction thereof shall be punished by a fine of not less than $1,000.00 and not more than $5,000.00, imprisonment for a term not to exceed 12 months, or both such fine and imprisonment. (B) Any equipment used or intended for use in a violation of this Code section, excluding motor vehicles, is declared to be contraband and shall be forfeited to the state. (C) The hunting and fishing privileges of any person convicted of violating this subsection shall be suspended for three years." SECTION 4. Said title is further amended by adding a new Code section to read as follows: "27-5-2.1. (a) As used in this Code section, the term, (1) 'Cervid' means a member of the family cervidae. (2) 'Chronic wasting disease' means a fatal disease that belongs to a group of diseases known as transmissible spongiform encephalopathies and that affects the brains of cervids. 4952 JOURNAL OF THE HOUSE (3) 'Clean' means having no meat matter or tissue attached to the carcass part. (4) 'Importation' means the transportation of a cervid, cervid carcass, or carcass part into this state. (5) 'Whole' means the entire carcass, whether eviscerated or not, prior to the carcass being processed. (b)(1) It shall be unlawful for any person, firm, partnership, or association to import, bring, or cause to be imported or brought into this state any live cervid, except as otherwise authorized by rule or regulation of the board in effect as of January 1, 2007, or such later date as may be provided by Code Section 27-1-39. (2)(A) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction shall be punished by a fine of not less than $1,500.00 nor more than $5,000.00, imprisonment for a period not exceeding 12 months, or both such fine and imprisonment. (B) The hunting and fishing privileges of any person convicted of violating paragraph (1) of this subsection shall be suspended for not less than three years from the date of conviction. (c) It shall be unlawful for any person to import or possess a whole cervid carcass or cervid carcass part from any state having a documented case of a cervid infected with chronic wasting disease, except for any one or more of the following cervid carcass parts: (1) Boned-out meat and commercially processed cuts of meat; (2) Portions of meat with no part of the spinal column or head attached; (3) Hides with no heads attached; (4) Clean skull plates with antlers attached; (5) Clean antlers; (6) Finished taxidermy heads; and (7) Clean upper canine teeth (buglers, whistlers, ivories)." SECTION 5. (a) Except as otherwise provided by subsection (b) of this section, this Act shall become effective on July 1, 2006. (b) Section 4 of this Act shall become effective on July 1, 2006, for purposes of promulgating rules and regulations and on January 1, 2007, for all other purposes. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Representative Warren of the 122nd moved that the House agree to the Senate substitute to HB 338. On the motion, the roll call was ordered and the vote was as follows: TUESDAY, MARCH 28, 2006 4953 E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G E Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson 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 Holt Y Horne Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Keen Y Keown Y Kidd Y Knight Y Knox 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 Maxwell Y May E McCall McClinton Y Meadows Y Millar 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 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 Setzler Shaw Y Sheldon Y Sims, C Y Sims, F E 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 Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 153, nays 0. The motion prevailed. HB 304. By Representatives Burmeister of the 119th, Yates of the 73rd, Shaw of the 176th, Cummings of the 16th and Rice of the 51st: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to change the provisions relating to the imposition and determination of the amount of certain regulatory fees by local governments; to provide for related matters; to repeal conflicting laws; and for other purposes. 4954 JOURNAL OF THE HOUSE The following Senate substitute was read: A BILL To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to prohibit local governments from prohibiting or regulating the sale of certain lawful products or services; to provide for exceptions; to provide that ordinances in violation of such provisions are void; to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to change the provisions relating to the imposition and determination of the amount of certain regulatory fees by local governments; to provide for additional requirements regarding certain certificates; to provide for the timing of payment of certain regulatory fees; 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 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by inserting a new Code section to be designated Code Section 36-60-24 to read as follows: "(a) The governing authority of a county or municipal corporation shall not prohibit the sale of products or services which products or services are lawful under subsection (b) of Code Section 25-10-1, unless such prohibition is expressly authorized by the general law of the state. (b) If the sale of a product or service is regulated by subsection (b) of Code Section 2510-1, the governing authority of a county or municipal corporation shall not enact additional regulation of the sale of such product or service, unless such additional regulation is expressly authorized by general law. (c) Any ordinance enacted before, on, or after July 1, 2006, by a county or municipal corporation in violation of this Code section is void." SECTION 2. Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, is amended by adding new subsections (e) and (f) to Code Section 48-13-9, relating to limitation on authority of local government to impose regulatory fee, to read as follows: "(e) For each business, profession, or occupation, local governments are authorized to determine the amount of a regulatory fee imposed in accordance with this article only by one of the following methods: (1) A flat fee for each business or practitioner of a profession or occupation doing business in the jurisdiction as authorized by Code Section 48-13-8; TUESDAY, MARCH 28, 2006 4955 (2) A flat fee for each type of permit or inspection requested; (3) An hourly rate determined by the hourly wage or salary, including employee benefits, of the person or persons assigned to investigate or inspect multiplied by the number of hours estimated for the investigation or inspection to be performed; (4) An hourly rate as determined by paragraph (3) of this subsection with the addition of other expenses reasonably related to such regulatory activity, such as administrative and travel expenses, multiplied by the number of hours estimated for the investigation or inspection to be performed; (5) For construction projects that are classified as new construction, the number of square feet of construction or the number of square feet of construction to be served by the system to be installed, in conjunction with and limited by the building valuation data, as established from time to time by the International Code Council or by similar data, and in conjunction with and limited by the hourly rate described in paragraph (3) or (4) of this subsection; or (6) For construction projects that are classified as renovation and all other construction projects other than those classified as new construction, the cost of the project in conjunction with and limited by the building valuation data that conforms with the principles and methods established from time to time by the International Code Council or by similar data, and in conjunction with and limited by the hourly rate described in paragraph (3) or (4) of this subsection. (f) If a local government requires businesses or practitioners to pay a regulatory fee under paragraph (3) of subsection (b) of this Code section, issues certificates of public necessity and convenience to such businesses or practitioners, and limits the total number outstanding of such certificates, such certificates shall be fully transferable pursuant to a purchase, gift, bequest, or acquisition of the stock or assets of a corporation. Each such certificate may be used as collateral to secure a loan, and a lending institution making such loans shall have all rights of secured parties with respect to such loans. Prior to increasing the number of such outstanding certificates by more than 10 percent in a calendar year, any such local government shall first certify, based upon credible evidence, that such an increase will not result in a significant devaluation of the existing outstanding certificates." SECTION 3. Said article is further amended by striking subsections (b) and (c) of Code Section 48-1320, relating to time for payment of fees and taxes, and inserting in lieu thereof new subsections (b) and (c) to read as follows: "(b) Regulatory fees authorized by this chapter shall be paid before commencing business or the practice of a profession or occupation as a condition precedent for transacting business, or practicing a profession or occupation. (c) Regulatory fees may be paid after commencing business or the practice of a profession or occupation when: (1) The work done or services provided are necessary for the health, comfort, or safety of one or more individuals or protection of property. This paragraph shall 4956 JOURNAL OF THE HOUSE apply to, but not be limited to, the repair, service, or installation of heating, ventilation, and air conditioning equipment or systems; (2) The work done or services provided have no adverse effect on any other person; and (3) Regulatory fees are tendered to the local government within two business days after commencing business or the practice of a profession or occupation and any and all required inspections are made in order to ensure compliance with applicable codes; and (4) The request for repair, service, or installation is received by the practitioner of a profession or occupation outside of the regular office hours of the local government's permitting office." SECTION 4. This Act shall become effective on July 1, 2006. SECTION 5. 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 304. The motion prevailed. HB 1371. By Representatives Graves of the 137th, Carter of the 159th, Harbin of the 118th, Stephens of the 164th and Parrish of the 156th: 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 Pharmacy Audit Bill of Rights"; to provide for a short title; to set out a list of rights of pharmacies undergoing audits; to provide for an appeal process; 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 Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact "The Pharmacy Audit Bill of Rights"; to provide for a short title; to set out a list of rights of pharmacies undergoing audits; to provide for an appeal process; to provide for applicability; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide pharmacies the opportunity to cure violations of a procedural TUESDAY, MARCH 28, 2006 4957 nature identified pursuant to an audit or determination by other means prior to disallowing an otherwise valid claim; to provide that a pharmacy shall have the opportunity for a hearing on a violation of a procedural matter; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by adding a new Code section to the end of Article 6, relating to pharmacies, to read as follows: "26-4-118. (a) This Code section shall be known and may be cited as 'The Pharmacy Audit Bill of Rights.' (b) Notwithstanding any other law, when an audit of the records of a pharmacy is conducted by a managed care company, insurance company, third-party payor, the Department of Community Health under Article 7 of Chapter 4 of Title 49, or any entity that represents such companies, groups, or department, it shall be conducted in accordance with the following bill of rights: (1) The entity conducting the initial on-site audit must give the pharmacy notice at least one week prior to conducting the initial on-site audit for each audit cycle; (2) Any audit which involves clinical or professional judgment must be conducted by a pharmacist; (3) Any clerical or record keeping error, such as a typographical error, scrivener's error, or computer error, regarding a required document or record shall not constitute a willful violation and is not subject to criminal penalties without proof of intent to commit fraud; (4) A pharmacy may use the records of a hospital, physician, or other authorized practitioner of the healing arts for drugs or medicinal supplies written or transmitted by any means of communication for purposes of validating the pharmacy record with respect to orders or refills of a legend or narcotic drug; (5) A finding of an overpayment or underpayment must be based on the actual overpayment or underpayment and may not be a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs; (6) Each pharmacy shall be audited under the same standards and parameters as other similarly situated pharmacies audited by the entity; (7) A pharmacy shall be allowed at least 30 days following receipt of the preliminary audit report in which to produce documentation to address any discrepancy found during an audit; (8) The period covered by an audit may not exceed two years from the date the claim was submitted to or adjudicated by a managed care company, insurance company, 4958 JOURNAL OF THE HOUSE third-party payor, the Department of Community Health under Article 7 of Chapter 4 of Title 49, or any entity that represents such companies, groups, or department; (9) An audit may not be initiated or scheduled during the first seven calendar days of any month due to the high volume of prescriptions filled during that time unless otherwise consented to by the pharmacy; (10) The preliminary audit report must be delivered to the pharmacy within 120 days after conclusion of the audit. A final audit report shall be delivered to the pharmacy within six months after receipt of the preliminary audit report or final appeal, as provided for in subsection (c), whichever is later; and (11) The audit criteria set forth in this subsection shall apply only to audits of claims submitted for payment after July 1, 2006. Notwithstanding any other provision in this subsection, the agency conducting the audit shall not use the accounting practice of extrapolation in calculating recoupments or penalties for audits. (c) Recoupments of any disputed funds shall only occur after final internal disposition of the audit, including the appeals process as set forth in subsection (d) of this Code section. (d) Each entity conducting an audit shall establish an appeals process under which a pharmacy may appeal an unfavorable preliminary audit report to the entity. If, following the appeal, the entity finds that an unfavorable audit report or any portion thereof is unsubstantiated, the entity shall dismiss the audit report or said portion without the necessity of any further proceedings. (e) Each entity conducting an audit shall provide a copy of the final audit report, after completion of any review process, to the plan sponsor. (f) This Code section shall not apply to any investigative audit which involves fraud, willful misrepresentation, or abuse including without limitation investigative audits under Article 7 of Chapter 4 of Title 49, Code Section 33-1-16, or any other statutory provision which authorizes investigations relating to insurance fraud." SECTION 2. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended by inserting a new Code section to read as follows: "49-4-152.5. A pharmacy providing medications pursuant to this article for medical assistance shall be given the opportunity to cure any violation of a procedural nature identified pursuant to an audit under Code Sections 26-4-118 or 49-4-151 or determination by other means, including, but not limited to, the inclusion of a default physician identifier for claims that are otherwise valid. Any such violation of a procedural nature for a claim which is otherwise valid shall not be deemed to be an overpayment or disallowed claim by the department." SECTION 3. Said article is further amended in Code Section 49-4-153, relating to administrative TUESDAY, MARCH 28, 2006 4959 hearings and appeals, judicial review, and contested cases involving imposition of remedial or punitive measures against a nursing facility, by striking subparagraph (b)(2)(A) and inserting in lieu thereof the following: "(2)(A) A provider of medical assistance may request a hearing on a decision of the Department of Community Health with respect to a denial or nonpayment of or the determination of the amount of reimbursement paid or payable to such provider on a certain item of medical or remedial care of service rendered by such provider by filing a written request for a hearing in accordance with Code Sections 50-13-13 and 50-13-15 with the Department of Community Health. The Department of Community Health shall, within 15 business days of receiving the request for hearing from the provider, transmit a copy of the provider's request for hearing to the Office of State Administrative Hearings. The provider's request for hearing shall identify the issues under appeal and specify the relief requested by the provider. The request for hearing shall be filed no later than 15 business days after the provider of medical assistance receives the decision of the Department of Community Health which is the basis for the appeal. A pharmacy may request a hearing on a decision of the Department of Community Health or a care management or other organization contracted by the department with respect to a denial or nonpayment of or the determination of the amount of reimbursement paid or payable to such pharmacy pursuant to the results of an audit or determination by other means on a certain service rendered by such pharmacy. A pharmacy shall be given the opportunity to cure any violation of a procedural nature, including, but not limited to, the inclusion of a default physician identifier for claims that are otherwise valid. Any such violation of a procedural nature which is otherwise valid shall not be deemed to be an overpayment or disallowed claim by the Department of Community Health or a care management or other organization contracted by the department." SECTION 4. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 2 and 3 of this Act shall apply to any claim submitted or pending on or after March 15, 2006. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Representative Graves of the 137th moved that the House disagree to the Senate substitute to HB 1371. The motion prevailed. 4960 JOURNAL OF THE HOUSE HB 268. By Representatives Crawford of the 127th, Fleming of the 117th and Ralston of the 7th: A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to change the provisions relating to the compensation of district attorneys, assistant district attorneys, district attorney investigators, and assistant district attorneys who temporarily substitute for a district attorney who dies or resigns during the term of office; to change the provisions relating to additional personnel for district attorneys offices; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change the annual salary of district attorneys; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to change the provisions relating to the compensation of district attorneys, assistant district attorneys, district attorney investigators, and assistant district attorneys who temporarily substitute for a district attorney who dies or resigns during the term of office; to change the provisions relating to additional personnel for district attorneys offices; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change the annual salary of district attorneys; to provide for 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. Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, is amended by striking subsection (c) of Code Section 15-18-14, relating to the appointment, qualifications, and compensation of assistant district attorneys, and inserting in lieu thereof the following: "(c) Each attorney appointed pursuant to this Code section shall be compensated based on a salary schedule established in accordance with subsection (e) of Code Section 1518-19. The salary range for each class established in accordance with subsection (b) of this Code section shall be as follows: (1) Assistant district attorney I. Not less than $27,696.00 $38,124.00 nor more than 65 percent of the compensation of the district attorney; TUESDAY, MARCH 28, 2006 4961 (2) Assistant district attorney II. Not less than $30,552.00 $40,884.00 nor more than 70 percent of the compensation of the district attorney; (3) Assistant district attorney III. Not less than $37,140.00 $45,108.00 nor more than 80 percent of the compensation of the district attorney; and (4) Assistant district attorney IV. Not less than $42,966.00 $52,176.00 nor more than 90 percent of the compensation of the district attorney." SECTION 2. Said article is further amended in Code Section 15-18-14.1, relating to district attorney investigators, by striking subsection (d) and inserting in lieu thereof the following: "(d) Each investigator appointed pursuant to this Code section shall be compensated based on a salary schedule established pursuant to Code Section 15-18-19. The salary range for the investigator appointed pursuant to this Code section shall be not less than $23,490.00 $30,828.00 nor more than 70 percent of the compensation of the district attorney from state funds." SECTION 3. Said article is further amended by striking Code Section15-18-16, relating to substitution of assistant on death or resignation of district attorney, and inserting in lieu thereof the following: "15-18-16. Upon the death or resignation of a district attorney, the chief assistant district attorney or, if there is no chief assistant district attorney, the assistant district attorney senior in time of service shall perform the duties of the deceased or resigned district attorney in his or her name until his such official's successor is appointed or elected and qualified. An assistant district attorney performing the duties of a deceased or resigned district attorney shall be compensated as provided for acting district attorneys in subsection (b) of Code Section 15-18-15." SECTION 4. Said article is further amended by striking Code Section 15-18-20.1, relating to additional personnel for the district attorney's office, and inserting in lieu thereof the following: "15-18-20.1. Notwithstanding any other provision of law, the governing authority of any county or municipality within the judicial circuit which provides additional personnel for the office of district attorney may contract with the Department of Administrative Services Prosecuting Attorneys Council of the State of Georgia to provide such additional personnel in the same manner as is provided for state paid personnel in this article. Any such personnel shall be considered state employees and shall be entitled to the same fringe benefits as other state paid personnel employed by the district attorney pursuant to this article. The governing authority of such county or municipality shall transfer to the department council such funds as may be necessary to cover the compensation, benefits, travel, and other expenses for such personnel." 4962 JOURNAL OF THE HOUSE SECTION 5. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to the compensation of certain state officials, is amended by striking paragraph (21) of subsection (a) of said Code section and inserting in lieu thereof the following: "(21) Each district attorney 88,635.00107,905.00 Each district attorney shall also receive any supplement paid to such district attorney by the county or counties of such district attorney's judicial circuit as may be provided for by law. Each district attorney shall also receive reimbursement of travel expenses as provided by law." SECTION 6. (a) This section and Sections 3, 4, and 7 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 1, 2, and 5 of this Act shall become effective on July 1, 2006. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Representative Crawford of the 127th moved that the House agree to the Senate substitute to HB 268. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Brown Bruce Y Bryant Y Buckner, D Y Buckner, G E Burkhalter Y Burmeister Y Burns 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 Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Keen Y Keown Y Kidd Y Knight Y Knox Y Martin Y Maxwell May E McCall McClinton Y Meadows Y Millar 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 Sailor E Scheid Y Scott, A N Scott, M Setzler Y Shaw Y Sheldon Sims, C Y Sims, F E 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 Stephenson Y Talton Y Teilhet Thomas, A.M TUESDAY, MARCH 28, 2006 4963 Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas N 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 Lakly Y Lane, B Y Lane, R N Lewis Y Lindsey Y Lord N Loudermilk Lucas Lunsford Y Maddox Y Mangham Manning Y Marin Y Porter Y Powell Y Ralston Y Randall Ray Y Reece, B Y Reece, S N Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 motion, the ayes were 143, nays 7. The motion prevailed. HB 513. By Representatives Scott of the 153rd and Day of the 163rd: A BILL to be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information on licensees and furnishing of information, so as to provide for furnishing of driver history information; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 513 by renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows: SECTION 2. Said Code section is further amended by striking subparagraph (c)(1)(A) and inserting in its place a new subparagraph to read as follows: (A) With the written instructions and consent of the driver upon whom the operating record has been made and compiled; such instructions and consent shall be signed by the driver but shall not be required to be notarized;. Representative Scott of the 153rd moved that the House agree to the Senate amendment to HB 513. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Crawford Y Cummings Y Davis Y Hill, C.A Y Holmes Holt Y Martin Y Maxwell E May Y Sailor Y Scheid Y Scott, A 4964 JOURNAL OF THE HOUSE Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G E Burkhalter Y Burmeister Y Burns Y Butler Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson 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 Heard, J Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y 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 Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin E McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Neal 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 Scott, M Y Setzler Y Shaw Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 147, nays 0. The motion prevailed. The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SB 238. By Senators Hill of the 32nd and Smith of the 52nd: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for immunity from civil liability for nonprofit organizations and individuals that financially sponsor charitable fundraising events; to provide for an exception; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 28, 2006 4965 Representative Tumlin of the 38th moved that the House insist on its position in substituting SB 238. The motion prevailed. The Speaker announced the House in recess until 1:30 o'clock, this afternoon. 4966 JOURNAL OF THE HOUSE AFTERNOON SESSION The Speaker called the House to order. The following Resolutions of the House were read: HR 2069. By Representative Scheid of the 22nd: A RESOLUTION commending Shelley Backstrom, Laura Bailey, Megan Livingston, and Lauren Sproul for winning the 2006 "What Would You Say?" contest by creating an original commercial which urges their peers to stay in school; and for other purposes. HR 2070. By Representative Stanley-Turner of the 53rd: A RESOLUTION recognizing and honoring Dr. Peyton Williams, Jr., for his many years of outstanding service to the State of Georgia and the nation in the field of education; and for other purposes. HR 2071. By Representative Cole of the 125th: A RESOLUTION commending Emma Lou Watson; and for other purposes. HR 2072. By Representative Reece of the 11th: A RESOLUTION congratulating Ms. Cheryl White on being named as a Disney Teacher Award Nominee and commending her on her contributions to education; and for other purposes. HR 2073. By Representative Ashe of the 56th: A RESOLUTION commending Pastor Clarence Potter; and for other purposes. HR 2074. By Representative James of the 135th: A RESOLUTION commending Alice Ross; and for other purposes. HR 2075. By Representatives Holmes of the 61st, Bruce of the 64th, Heckstall of the 62nd, Dean of the 59th, Thomas of the 55th and others: A RESOLUTION commending Mrs. Priscilla Lee Holmes; and for other purposes. TUESDAY, MARCH 28, 2006 4967 HR 2076. By Representatives Holmes of the 61st, Dean of the 59th, Heckstall of the 62nd, Thomas of the 55th, Ashe of the 56th and others: A RESOLUTION commending Dr. Walter L. Kimbrough, Senior Pastor of Cascade United Methodist Church in Atlanta, Georgia; and for other purposes. HR 2077. By Representative Richardson of the 19th: A RESOLUTION recognizing and thanking Larry Mulkey for many years of distinguished public service; and for other purposes. HR 2078. By Representative Reece of the 11th: A RESOLUTION commending Clint Young; and for other purposes. HR 2079. By Representative McCall of the 30th: A RESOLUTION recognizing May 1st through 7th as "Bluegrass Music Week in Georgia"; and for other purposes. HR 2080. By Representatives Smith of the 168th and Brooks of the 63rd: A RESOLUTION remembering and honoring the life of Mr. Anthony Eugene Staten, Sr.; and for other purposes. HR 2081. By Representative Reece of the 11th: A RESOLUTION congratulating Ms. Melanee Teems on being named as a Disney Teacher Award Nominee and commending her on her contributions to education; and for other purposes. HR 2082. By Representative Reece of the 11th: A RESOLUTION recognizing and commending Sue Spivey; and for other purposes. HR 2083. By Representatives Ashe of the 56th and Holmes of the 61st: A RESOLUTION recognizing Renee Lewis Glover; and for other purposes. HR 2084. By Representatives Ashe of the 56th, Kidd of the 115th and Oliver of the 83rd: 4968 JOURNAL OF THE HOUSE A RESOLUTION recognizing the Junior League of Atlanta, Inc. on its 90th anniversary; and for other purposes. HR 2085. By Representative Ashe of the 56th: A RESOLUTION commending Irena Cabat; and for other purposes. HR 2086. By Representatives Mangham of the 94th, Watson of the 91st, Mitchell of the 88th, Stephenson of the 92nd and Sailor of the 93rd: A RESOLUTION commending the Stephenson High School Lady Jaguars junior varsity basketball team; and for other purposes. HR 2087. By Representative Reece of the 11th: A RESOLUTION commemorating the 170th anniversary of Sardis Presbyterian Church; and for other purposes. On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Barnes Bearden Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Brown Bruce Y Bryant Y Buckner, D E Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Byrd Y Carter Y Casas Y Chambers Y Channell Crawford Y Cummings Y Davis Day Dean Y Dickson Dodson Dollar Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Freeman Gardner Y Geisinger Golick Graves, D Graves, T Y Greene Y Hanner Harbin Hill, C.A Holmes Holt Y Horne Houston Howard, E Hudson Y Hugley Jackson Jacobs James Jamieson Y Jenkins Y Jennings Johnson Jones, J Jones, S Jordan Y Keen Y Keown Kidd Knight Y Knox Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Martin Maxwell Y May Y McCall McClinton Y Meadows Y Millar Mills Mitchell Morgan Y Morris Mosby Y Mosley Y Mumford Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Y Orrock Parham Y Parrish Y Parsons Porter Powell Y Ralston Randall Y Ray Reece, B Sailor Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Sims, C Sims, F E Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V Smyre Stanley-Turner Y Stephens Stephenson Y Talton Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson TUESDAY, MARCH 28, 2006 4969 Cheokas Y Coan Cole Coleman, B Y Coleman, T Cooper Y Cox Y Hatfield Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Loudermilk Lucas Y Lunsford Y Maddox Mangham Manning E Marin Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Willard Williams, A Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the adoption of the Resolutions, the ayes were 94, nays 0. The Resolutions were adopted. Representatives Dukes of the 150th, Jacobs of the 80th, and Jones of the 44th 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. Ewing, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolutions of the House: HR 1551. By Representatives Stephens of the 164th, Smith of the 70th, Hill of the 180th, Lane of the 158th, Burns of the 157th and others: A RESOLUTION creating the Joint Comprehensive Water Desalination Study Committee; and for other purposes. HR 1856. By Representatives Cummings of the 16th, Richardson of the 19th, Burkhalter of the 50th, Keen of the 179th, Porter of the 143rd and others: A RESOLUTION authorizing the placement in the Capitol of a portrait of former Speaker of the House Thomas B. Murphy; and for other purposes. Representative Barnard of the 166th District, Chairman of the Committee on State Institutions and Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions and Property has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: 4970 JOURNAL OF THE HOUSE SB 504 Do Pass Respectfully submitted, /s/ Barnard of the 166th Chairman The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 1054. By Representatives Stephens of the 164th, Parham of the 141st, Parrish of the 156th, Graves of the 137th and Carter of the 159th: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I controlled substances; to change certain provisions relating to Schedule IV controlled substances; to change certain provisions relating to the definition of the term "dangerous drug"; 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 change certain provisions relating to Schedule I controlled substances; to change certain provisions relating to Schedule IV controlled substances; to change certain provisions relating to the definition of the term "dangerous drug"; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended in Code Section 16-13-25, relating to Schedule I controlled substances, by striking subparagraphs (O), (Z), and (SS) of paragraph (3) and inserting in their respective places the following: "(O) Psilocyn (Psilocin);" "(Z) 3, 4-Methylenedioxymethamphetamine (MDMA);" "(SS) MDMA (3, 4 Methylene Dioxymethamphetamine) Reserved;" SECTION 2. Said chapter is further amended in Code Section 16-13-28, relating to Schedule IV controlled substances, by striking paragraph (33) and inserting its place the following: TUESDAY, MARCH 28, 2006 4971 "(33) Zolpidem; (34) Zopiclone, and all salts, isomers, and salts of isomers thereof." SECTION 3. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by striking paragraphs (116.05), (116.1), (193.5), (515), (663.1), and (663.75) in subsection (b) and inserting in their respective places the following: "(116.05) Buprenorphine Reserved;" "(116.1) Buproprion Bupropion;" "(193.5) Cinacalet Cinacalcet;" "(515) Levallorphan Reserved;" "(663.1) Olmesartain Olmesartan;" "(663.75) Orlistat See exceptions;" SECTION 4. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by inserting new paragraphs in subsection (b) to read as follows: "(13.53) Adalimumab;" "(108.5) Bromfenac;" "(243.5) Deferasirox;" "(332.85) Entecavir;" "(380.6) Exenatide;" "(409.8) Galsulfase;" "(464.7) Iloprost;" "(513.7) Lenalidomide;" "(544.5) Mecasermin;" "(616.05) Micafungin;" "(638.75) Nelarabine;" "(640.1) Nepafenac;" "(681.4) Palifermin;" "(692.51) Pegfilgrastin;" "(692.515) Peginterferon;" "(769.3) Pramlintide;" "(772.5) Pregabalin;" "(831.04) Ramelteon;" "(843.2) Risedronate;" "(966.3) Tigecycline;" "(967.57) Tipranavir;" SECTION 5. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by inserting a new paragraph in subsection (c) to read as follows: "(16.95) Orlistat when a single dosage unit is 60 mg. or less;" 4972 JOURNAL OF THE HOUSE 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 Stephens of the 164th moved that the House agree to the Senate substitute to HB 1054. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Barnes 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 E Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter Y Casas Chambers Y Channell Cheokas Y Coan Y Cole Coleman, B Y Coleman, T Cooper Y Cox Crawford Y Cummings Y Davis Day Dean Y Dickson Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Floyd, J Fludd Y Forster Y Franklin Y 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 Hill, C.A Holmes Holt Y Horne Houston Howard, E Hudson Y Hugley Jackson Y Jacobs James Jamieson Y Jenkins Y Jennings Johnson Jones, J Jones, S Jordan Y Keen Y Keown Kidd 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 E Marin Y Martin Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Mitchell Morgan Y Morris Mosby Y Mosley Y Mumford Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Y Orrock Parham Y Parrish Y Parsons Y Porter Powell Y Ralston Randall Ray Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Sims, C Sims, F E Sinkfield Smith, B Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V 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 Willard Williams, A Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 106, nays 0. TUESDAY, MARCH 28, 2006 4973 The motion prevailed. Representative Dukes of the 150th 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 1184. By Representatives Stephens of the 164th and Bryant of the 160th: A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, so as to change the name of the Herty Foundation; to provide for modifying the purpose for the foundation; to provide for creating a subsidiary corporation for the foundation; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Part 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, so as to change the name of the Herty Foundation; to provide for modifying the purpose for the foundation; to provide for creating a subsidiary corporation for the foundation; to provide for an annual report; 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 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, is amended by striking Code Section 12-6-131, relating to creation of foundation, board of trustees and their terms, and purpose of foundation, and inserting in its place a new Code section to read as follows: "12-6-131. (a) The Herty Foundation Advanced Materials Development Center is created as a body politic and corporate, with perpetual succession of members for the purposes stated in this part, and as such shall have full power and authority to make bylaws for its own governance and rules and regulations for the governance of the directors and employees, to contract with all necessary employees for the successful operation of the foundation center, to bring and defend actions by the name and style aforesaid, and to have and use a common seal. The foundation center generally shall be clothed with all the rights, powers, and privileges incident to corporations and necessary or convenient for carrying out the purposes of their creation. (b) There is created and established a board of trustees for the Herty Foundation Advanced Materials Development Center, to be composed of five members to be 4974 JOURNAL OF THE HOUSE appointed by the Governor. Trustees shall be named for five-year terms staggered so that one term will expire each year. Their successors shall be named for five-year terms. (c) The purposes of the foundation are to experiment in pulpwood of all kinds, to discover and determine uses for which the same are adaptable, to conduct research and experimentation with respect to natural and synthetic fibers and materials of all types, to produce and manufacture for others goods and products using such pulpwood, fibers, and materials, and to permit those states, subdivisions, corporations, and individuals who contribute to the maintenance and support of the foundation to share fully and equally in the accomplishments and services of the foundation The purposes of the Herty Advanced Materials Development Center are to conduct research, development, and commercialization with respect to natural and synthetic organic and inorganic materials of all types; to accelerate the commercial availability of newly developed or discovered systems or processes using these materials; and to produce and manufacture for others goods and products using natural or synthetic materials of all types that serve to enhance the economy of the State of Georgia. (d) The foundation center is assigned to the Department of Economic Development for administrative purposes only. (e) The center is authorized to incorporate one or more nonprofit corporations as subsidiary corporations of the center for the purpose of carrying out any of the powers of the center and to accomplish any of the purposes of the center. Any subsidiary corporations created pursuant to this subsection shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filings. Upon dissolution of any subsidiary corporation of the center, any assets shall revert to the center or to any successor to the center or, failing such succession, to the State of Georgia. The center and all subsidiary corporations created pursuant to this Code section shall enjoy the same rights and privileges as any other governmental agency under Code Section 50-18-72." SECTION 2. Said part is further amended by striking Code Section 12-6-133, relating to the powers of the Herty Foundation, and inserting in its place a new Code section to read as follows: "12-6-133. The foundation center shall have the following powers: (1) To establish and modify from time to time a system of experimentation in pulpwood natural and synthetic materials of all types; (2) To conduct research and experimentation, development, and commercialization with respect to natural and synthetic fibers and materials of all types; to accelerate the commercial availability of newly developed or discovered systems or processes using these materials; and to produce and manufacture for others goods and products using natural and synthetic materials of all types that serve to enhance the economy of the State of Georgia and to produce and manufacture for others goods and products using pulpwood and natural or synthetic fibers and materials material; TUESDAY, MARCH 28, 2006 4975 (3) To accept and hold title to the equipment of every kind now being used at Savannah, Georgia, or elsewhere; (4) To acquire and own realty and personal property regardless of where located; and (5) To do generally such acts and things as are found necessary to promote and advance the basic purpose of the foundation center as stated in Code Section 12-6131." SECTION 3. Said part is further amended by striking Code Section 12-6-134, relating to the purpose of the Herty Foundation, acceptance of donations and appropriations, certain duties, and reports, and inserting in its place a new Code section to read as follows: "12-6-134. (a) The Herty Foundation Advanced Materials Development Center is declared to be a public foundation center created, designed, and intended for the purpose of rendering services not only to the citizens of Georgia but, in equal manner and to the same extent, to the citizens of the other states of the South. (b) The foundation center is authorized to accept donations, bequests, and appropriations from this state or any other state or any subdivision thereof or from any individual or corporation. In consideration of such appropriations, the foundation center is empowered to conduct, within the limits of its equipment, experimentation on any pulpwood or natural or synthetic fibers or materials peculiarly beneficial to the various states making such appropriations. (c) The foundation center is required to permit the citizens of those states or subdivisions contributing to the support of the foundation center to visit and go upon the premises, observe the experiments, and in general to exercise and enjoy a full and free privilege at and around experimental stations. (d) The foundation center is directed, after conducting experiments for this state or for other states which contribute to the support of the foundation, to make a full and intelligent report of the results of such experimentation to produce an annual report on its activities and to make such report available upon request." SECTION 4. Said part is further amended by striking Code Section 12-6-135, relating to the appointment of directors from states making financial contribution to the Herty Foundation and effect of cessation of contributions, and inserting in its place a new Code section to read as follows: "12-6-135. If at any time any other state making financial contributions or appropriations to the support of the foundation center desires to be represented on the board of directors, authority is given to the governor of such other state to appoint one citizen of his or her state to become a director of the foundation center, who shall upon being thus appointed have and enjoy the same rights and powers as the five original members, provided that when any state ceases for a period of one year to contribute to the support 4976 JOURNAL OF THE HOUSE of the foundation center, the member of the board of directors appointed by such state shall automatically cease to be a member of the board and shall cease to enjoy and exercise the powers of such director." SECTION 5. Said part is further amended by striking Code Section 12-6-136, relating to service of process upon the Herty Foundation, and inserting in its place a new Code section to read as follows: "12-6-136. No process shall be deemed served upon the foundation center by service upon any person other than one of the five trustees provided for in Code Section 12-6-131." SECTION 6. Said part is further amended by striking Code Section 12-6-137, relating to the Herty Foundation's title to property, and inserting in its place a new Code section to read as follows: "12-6-137. The title to the properties of the foundation center shall be vested in the five trustees whose residence shall be in Georgia and their successors in office, the venue to all court actions to be in the State of Georgia, the rules and regulations with reference to the county in which actions may be brought and the proceedings regarding service to be as now provided by law, provided that in the event the foundation center is dissolved, the assets of the foundation center shall revert to the State of Georgia." SECTION 7. Said part is further amended by striking Code Section 12-6-138, relating to the Herty Foundation's support of experimental work, and inserting in its place a new Code section to read as follows: "12-6-138. The board of directors as provided for in Code Section 12-6-132 shall have such authority as they may, in their discretion, require in order to extend support to other individuals or foundations centers in experimental work with pulpwood or natural or synthetic fibers or materials of all kinds." SECTION 8. Said part is further amended by striking Code Section 12-6-139, relating to audit of the Herty Foundation's accounts, and inserting in its place a new Code section to read as follows: "12-6-139. It shall be the duty of the state auditor to audit the books and accounts of the foundation center and to submit such audit to the Governor, who shall notify the members of the General Assembly of the availability of the audit in the manner which he or she deems to be most effective and efficient." TUESDAY, MARCH 28, 2006 4977 SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Representative Stephens of the 164th moved that the House agree to the Senate substitute to HB 1184. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Barnes 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 E Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter Y Casas Chambers Y Channell Cheokas Y Coan Y Cole Coleman, B Y Coleman, T Y Cooper Y Cox Crawford Y Cummings Y Davis Y Day Dean Y Dickson Dodson Y Dollar Y Drenner Dukes Ehrhart Y England Y Epps Y Everson 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 Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Hill, C.A Holmes Y Holt Y Horne Houston Howard, E Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Johnson Jones, J Y Jones, S Jordan Keen Y Keown Y Kidd 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 E Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar 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 Parham Y Parrish Y Parsons Y Porter Powell Y Ralston Randall Ray Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Sims, C Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V 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 Willard Y Williams, A Williams, E Y Williams, R Wix Yates Richardson, Speaker On the motion, the ayes were 118, nays 0. The motion prevailed. Representative Dukes of the 150th 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. 4978 JOURNAL OF THE HOUSE HB 1248. By Representatives Williams of the 4th, Dickson of the 6th and Tumlin of the 38th: A BILL to be entitled an Act to amend Title 3 of the O.C.G.A., relating to alcoholic beverages, so as to provide for the comprehensive revision of provisions regarding alcoholic beverages; to change certain provisions regarding definitions; to change certain provisions regarding license or tax forms and filings; to change certain provisions regarding certain refunds or credits; to change certain provisions regarding limitations on credit; to change certain provisions regarding seizure and disposition of contraband; to change certain provisions regarding local government licensing powers; to change certain provisions regarding criminal penalties; to change certain provisions regarding license bonds; to change certain provisions regarding license or tax stamps; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for the comprehensive revision of provisions regarding alcoholic beverages; to change certain provisions regarding definitions; to change certain provisions regarding license or tax forms and filings; to change certain provisions regarding certain refunds or credits; to change certain provisions regarding limitations on credit; to change certain provisions regarding seizure and disposition of contraband; to change certain provisions regarding local government licensing powers; to change certain provisions regarding criminal penalties; to change certain provisions regarding license bonds; to change certain provisions regarding license or tax stamps; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking Code Section 3-1-2, relating to definitions regarding alcoholic beverages, and inserting in its place a new Code Section 3-1-2 to read as follows: "3-1-2. As used in this title, the term: (1) 'Alcohol' means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. (2) 'Alcoholic beverage' means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine. TUESDAY, MARCH 28, 2006 4979 (3) 'Brewpub' means any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in Code Section 3-5-36 for retail consumption on the premises and solely in draft form. As used in this article, the term 'eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. (4) 'Broker' means any person who purchases or obtains an alcoholic beverage from an importer, distillery, brewery, or winery and sells the alcoholic beverage to another broker, importer, or wholesaler without having custody of the alcoholic beverage or maintaining a stock of the alcoholic beverage. (5) 'Commissioner' means the state revenue commissioner. (6) 'County or municipality' means those political subdivisions of this state as defined by law and includes any form of political subdivision consolidating a county with one or more municipalities. (7) 'Department' means the Department of Revenue. (8) 'Distilled spirits' means any alcoholic beverage obtained by distillation or containing more than 21 percent alcohol by volume, including, but not limited to, all fortified wines. (9) 'Fortified wine' means any alcoholic beverage containing more than 21 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, brandy. (10) 'Gallon' or 'wine gallon' means a United States gallon of liquid measure equivalent to the volume of 231 cubic inches or the nearest equivalent metric measurement. (10.1) 'Hard cider' means an alcoholic beverage obtained by the fermentation of the juice of apples, containing not more than 6 percent alcohol by volume, including, but not limited to flavored or carbonated cider. For purposes of this title, hard cider shall be deemed a malt beverage. The term does not include 'sweet cider.' (11) 'Importer' means any person who imports an alcoholic beverage into this state from a foreign country and sells the alcoholic beverage to another importer, broker, or wholesaler and who maintains a stock of the alcoholic beverage. (12) 'Individual' means a natural person. (13) 'Malt beverage' means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine. (14) 'Manufacturer' means any maker, producer, or bottler of an alcoholic beverage. The term also means: (A) In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; 4980 JOURNAL OF THE HOUSE (B) In the case of malt beverages, any brewer; and (C) In the case of wine, any vintner. (15) 'Military reservation' means a duly commissioned post, camp, base, or station of a branch of the armed forces of the United States located on territory within this state which has been ceded to the United States. (16) 'Package' means a bottle, can, keg, barrel, or other original consumer container. (17) 'Person' means any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary, or other group or combination acting as a unit, body politic, or political subdivision, whether public, private, or quasi-public. (18) 'Retail consumption dealer' means any person who sells distilled spirits for consumption on the premises at retail only to consumers and not for resale. (19) 'Retailer' or 'retail dealer' means, except as to distilled spirits, any person who sells alcoholic beverages, either in unbroken packages or for consumption on the premises, at retail only to consumers and not for resale. With respect to distilled spirits, the term means any person who sells distilled spirits in unbroken packages at retail only to consumers and not for resale. (20) 'Shipper' means any person who ships an alcoholic beverage from outside this state. (21) 'Standard case' means six containers of 1.75 liters, 12 containers of 750 milliliters, 12 containers of one liter, 24 containers of 500 milliliters, 24 containers of 375 milliliters, 48 containers of 200 milliliters, or 120 containers of 50 milliliters. (22) 'Tax stamp' means the official mark, stamp, or indicium of the department used to indicate the payment of taxes imposed by this title. (23)(22) 'Taxpayer' means any person made liable by law to file a return or to pay tax. (24)(23) 'Wholesaler' or 'wholesale dealer' means any person who sells alcoholic beverages to other wholesale dealers, to retail dealers, or to retail consumption dealers. (25)(24) 'Wine' means any alcoholic beverage containing not more than 21 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to the definition of wine contained in this Code section." SECTION 2. Said title is further amended by striking Code Section 3-1-3, relating to use of existing TUESDAY, MARCH 28, 2006 4981 forms and filings relating to licenses or taxes, and inserting in its place a new Code Section 3-1-3 to read as follows: "3-1-3. Every form of license or tax document (including tax stamps) or other license or tax related filing lawfully in use immediately prior to July 1, 1981, may continue to be so used or be effective until the commissioner, in accordance with this title, otherwise prescribes." SECTION 3. Said title is further amended by striking Code Section 3-2-13, relating to issuance of refunds or credits for taxes paid or stamps purchased, and inserting in its place a new Code Section 3-2-13 relating to issuance of refunds or credits for taxes paid to read as follows: "3-2-13. (a) The commissioner may issue credits for taxes paid by or due from a wholesaler or, in the case of taxes on distilled spirits, may issue credits for stamps purchased by a manufacturer, distiller, or wholesaler when it is shown to the commissioner's satisfaction that any of the following events have has occurred: (1) Alcoholic beverages have been received by the wholesaler through an error in shipment and the alcoholic beverages are returned to the shipper prior to any sale by the wholesaler in this state; (2) Alcoholic beverages ordered by the wholesaler have been destroyed in transit prior to entry into the wholesaler's warehouse or storage area; (3) Alcoholic beverages which are unfit for consumption upon receipt have been received by the wholesaler and the alcoholic beverages are returned to the shipper or destroyed prior to any sale by the wholesaler in this state; (4) Alcoholic beverages have been destroyed while in the possession of a wholesaler within the state by an act of God, such as fire, flood, lightning, wind, or other natural calamity; (5) Wines have been sold by the wholesaler for delivery and consumption outside the state, provided the sale and delivery shall in all respects comply with the requirements of Code Section 3-6-26.1; or (6) Taxes were paid or stamps were purchased under a statute expressly held to be unconstitutional by a court of last resort and the payments were made under protest and the ground of the protest was the same as the basis for the ruling of unconstitutionality by the court of last resort. (b) No person shall receive a credit for taxes paid or stamps purchased in any case where an amount equal to the amount of taxes paid or to the cost of the stamps purchased has been charged to or paid by any purchaser of the person seeking a refund or credit. When an applicant is issued a credit for taxes paid or stamps purchased, in every case where an amount equal to the amount of taxes paid or cost of the stamps purchased has been charged to or paid by any purchaser of the applicant, the applicant 4982 JOURNAL OF THE HOUSE shall refund or credit to the purchaser or customer an amount equal to the credit allowed by the commissioner. (c) In the event that the commissioner issues a credit under this Code section to a person who has or will have insufficient tax liabilities to the State of Georgia against which to offset the credit, the commissioner shall issue a refund to such person for the unusable portion of the credit." SECTION 4. Said title is further amended by striking subsection (a) of Code Section 3-2-14, relating to limitations on credit, and inserting in its place a new subsection (a) to read as follows: "(a) No credit for taxes paid on alcoholic beverages or for stamps purchased in payment of taxes on alcoholic beverages shall be allowed unless an application for credit is filed with the commissioner within 90 days from the date payment is received by the commissioner. If, in the opinion of the commissioner, an application for credit of taxes paid pursuant to this title contains a false statement, the application shall be denied. When an applicant is indebted to the state or an applicant is in violation of this title, the commissioner shall decline to approve the credit until the applicant has complied with the laws of this state. In no event shall interest be allowed on any refund or credit for taxes paid on alcoholic beverages or for stamps purchased in payment of taxes on alcoholic beverages. Nothing contained in this Code section shall be construed so as to allow for a credit or refund of any license fee lawfully due or paid under this title." SECTION 5. Said title is further amended by striking subsection (b) of Code Section 3-2-33, relating to seizure and disposition of contraband alcoholic beverages, and inserting in its place a new subsection (b) to read as follows: "(b) Any peace officer or authorized agent of the commissioner shall declare as contraband any alcoholic beverage: (1) Not bearing the required tax stamps or markings as provided by this title or not reported for collection of taxes under a reporting system established by the commissioner; (2) Found in any county, municipality, or unincorporated area of any county where the sale of alcoholic beverages is not lawful when the alcoholic beverage is intended for use or sale contrary to law; or (3) Sold, conveyed, or possessed, concealed, stored, or held for sale by any person who has not first obtained all licenses required by this title." SECTION 6. Said title is further amended by striking subsection (c) of Code Section 3-3-2, relating to local government licensing powers, and inserting in its place a new subsection (c) to read as follows: TUESDAY, MARCH 28, 2006 4983 "(c) As a prerequisite to the issuance of any such initial permit or license only, the applicant shall furnish a complete set of fingerprints to be forwarded to the Georgia Bureau of Investigation, which shall search the files of the Georgia Crime Information Center for any instance of criminal activity during the two years immediately preceding the date of the application. The Georgia Bureau of Investigation shall also submit the fingerprints to the Federal Bureau of Investigation under the rules established by the United States Department of Justice for processing and identification of records. The federal record, if any, shall be obtained and returned to the governing authority submitting the fingerprints." SECTION 7. Said title is further amended by striking Code Section 3-3-23.1, relating to procedure and penalties upon violation of Code Section 3-3-23, and inserting in its place a new Code Section 3-3-23.1 to read as follows: "3-3-23.1. (a) It is unlawful for any person knowingly to violate any prohibition contained in Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchasing, attempting to purchase, and possession of alcoholic beverages by, a person under 21 years of age. (b)(1) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor and shall be punished by not more than six months imprisonment or a fine of not more than $300.00, or both and except that any person convicted of violating paragraph (4) of subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor of a high and aggravated nature. (2) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the second or subsequent conviction, be guilty of a misdemeanor of a high and aggravated nature, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the second or subsequent conviction, be guilty of a misdemeanor. (3) In addition to any other penalty provided for in paragraphs (1) and (2) of this subsection, the driver's license of any person convicted of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 33-23 upon the first conviction shall be suspended for six months and upon the second or subsequent conviction shall be suspended for one year. (c) Whenever any person who has not been previously convicted of any offense under this Code section or under any other law of the United States or this or any other state relating to alcoholic beverages pleads guilty to or is found guilty of a violation of paragraph (2) or (3) of subsection (a) of Code Section 3-3-23, the court, without entering a judgment of guilt and with the consent of such person, may defer further proceedings and place such person on probation upon such reasonable terms and 4984 JOURNAL OF THE HOUSE conditions as the court may require. The terms of probation shall preferably be such as require the person to undergo a comprehensive rehabilitation program (including, if necessary, medical treatment), not to exceed three years, designed to acquaint such person with the ill effects of alcohol abuse and with knowledge of the gains and benefits which can be achieved by being a good member of society. Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him or her. Discharge and dismissal under this subsection shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this subsection or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this subsection may occur only once with respect to any person. (d) Unless the officer has reasonable cause to believe such person is intoxicated, a law enforcement officer may arrest by issuance of a citation, summons, or accusation a person accused of violating only paragraph (2) of subsection (a) any provision of Code Section 3-3-23. The citation, summons, or accusation shall enumerate the specific charges against the person and either the date upon which the person is to appear and answer the charges or a notation that the person will be later notified of the date upon which the person is to appear and answer the charges. If the person charged shall fail to appear as required, the judge having jurisdiction of the offense may issue a warrant or other order directing the apprehension of such person and commanding that such person be brought before the court to answer the charges contained within the citation, summons, or accusation and the charge of his or her failure to appear as required. Nothing in this subsection shall be construed to invalidate an otherwise valid arrest by citation, summons, or accusation of a person who is intoxicated. (e) A law enforcement officer arresting a person by the issuance of a citation, summons, or accusation under subsection (d) of this Code section may require any such person having a driver's license or instruction permit to deposit such license or permit with the arresting officer in order to ensure the appearance of such person to answer the charges against him or her. The procedures and rules connected with the acceptance of such license or permit and subsequent disposition of the case shall be the same as provided for the acceptance of a driver's license as bail on arrest for traffic offenses pursuant to Code Section 17-6-11. (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 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 Driver Services within ten days after conviction or sentencing." TUESDAY, MARCH 28, 2006 4985 SECTION 8. Said title is further amended by striking Code Section 3-4-22, relating to license bonds, and inserting in its place a new Code Section 3-4-22 to read as follows: "3-4-22. (a) All applicants for all licenses shall file with the commissioner, along with each initial application, a bond: (1) Conditioned to pay all sums which may become due by the applicant to this state as taxes, license fees, or otherwise, arising out of the operation of the business for which licensure is sought; and (2) Conditioned to pay all penalties which may be imposed upon the applicant for failure to comply with the laws and rules and regulations pertaining to distilled spirits. The surety for the bonds shall be a surety company licensed to do business in this state, and the bonds shall be in such form as may be required by the commissioner and may be for a term of up to five calendar years. (b) The bonds shall be in the following calendar year amounts: (1) For distillers and manufacturers, $10,000.00; (2) For wholesale dealers and importers, $5,000.00; and (3) For retail dealers and brokers, $2,500.00. (c) All applicants for annual renewal of licenses other than retail licenses must file an annual bond or have a multiyear bond on file with the department that extends at least through the end of the calendar year for which renewal is sought. Such bonds must meet the same conditions as those filed with the initial application." SECTION 9. Said title is further amended by striking subsection (a) of Code Section 3-4-23, relating to certificate of residence required for retail dealer's license or tax stamps, and inserting in its place a new subsection (a) to read as follows: "(a) No retail dealer's license or tax stamps for distilled spirits shall be sold issued to any person unless an application is filed with the commissioner, accompanied by a certificate by the judge of the probate court of the county of the applicant's residence certifying that the applicant has been a bona fide resident of the county or municipality for at least 12 months immediately preceding the application and is a resident of the county or municipality where distilled spirits may be legally sold under this chapter." SECTION 10. Said title is further amended by striking Code Section 3-6-21, relating to filing of bonds, and inserting in its place a new Code Section 3-6-21 to read as follows: "3-6-21. (a) All applicants for all licenses other than retail licenses shall file with the commissioner, along with each initial application, a bond: (1) Conditioned to pay all sums which may become due by the applicant to the state as taxes, license fees, or otherwise, arising out of the operation of the business for which licensure is sought; and 4986 JOURNAL OF THE HOUSE (2) Conditioned to pay all penalties which may be imposed upon the applicant for failure to comply with the laws and rules and regulations pertaining to wines. The surety for the bonds shall be a surety company licensed to do business in this state, and the bonds shall be in such form as may be required by the commissioner and may be for a term of up to five calendar years. (b) The bonds required pursuant to subsection (a) of this Code section shall be in the following amounts: amount of $5,000.00 (1) For wineries, $5,000.00; and (2) For retail dealers, $500.00. (c) The commissioner may waive the requirement of a surety on the bonds of applicants for retail licenses if he determines that a surety is not essential to the protection of the interests of the state. All applicants for annual renewal of licenses other than retail licenses must file an annual bond or have a multiyear bond on file with the department that extends at least through the end of the calendar year for which renewal is sought. Such bonds must meet the same conditions as those filed with the initial application." SECTION 11. 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 1248. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y 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 E Buckner, G Y Burkhalter Y Burmeister Y Burns Crawford Y Cummings N Davis Y Day Dean Y Dickson Dodson Y Dollar Y Drenner Dukes Y Ehrhart N England Y Epps N Everson Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Freeman Y Gardner Y Geisinger Hill, C.A Holmes Y Holt Y Horne Houston Howard, E Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Johnson Jones, J Y Jones, S Jordan E Keen N Keown Y Kidd Knight Knox Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Mills Mitchell Morgan Morris Mosby N Mosley Y Mumford Y Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal Y Orrock Parham Y Parrish Y Parsons Sailor Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Sims, C Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M TUESDAY, MARCH 28, 2006 4987 Butler Y Byrd Y Carter Y Casas Chambers Y Channell Cheokas Y Coan Y Cole Coleman, B Y Coleman, T Y Cooper Y Cox Golick Y Graves, D N Graves, T Y Greene Y Hanner E Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk Lucas N Lunsford Y Maddox Y Mangham Y Manning E Marin Y Porter Y Powell N Ralston Randall Y Ray Reece, B Y Reece, S Y Reese Y Rice N Roberts N Rogers Y Royal Y Rynders Y Thomas, B Tumlin N 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 motion, the ayes were 107, nays 15. The motion prevailed. Representative Dukes of the 150th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HR 1259. By Representative Barnard of the 166th: 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 Chatham, Coweta, Douglas, Grady, and Muscogee counties, Georgia; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: 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 Bryan, Camden, Charlton, Chatham, Clarke, Coweta, Douglas, Glynn, Grady, Muscogee, and Whitfield counties, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Bryan, Camden, Charlton, Chatham, Clarke, Coweta, Douglas, Glynn, Grady, Muscogee, and Whitfield counties, Georgia; and WHEREAS, Terry L. Hall, the Unified Government of Athens-Clarke County, Georgia Power Company, Greystone Power Corporation, the City of Cairo, the Columbus 4988 JOURNAL OF THE HOUSE Consolidated Government, Southern Natural Gas Company, and North Georgia Electric Membership Corporation 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 Natural Resources, Department of Agriculture, Department of Technical and Adult Education, and State Properties Commission with respect to the 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 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 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Terry L. Hall, 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 purpose 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 lying west of Windsor, 6th GMD Chatham 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 February 20, 2002, prepared by Vincent Helmly 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 ingress and egress. SECTION 4. That Terry L. Hall shall have the right to remove or cause to be removed from said TUESDAY, MARCH 28, 2006 4989 easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said ingress and egress. SECTION 5. That, after Terry L. Hall 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, Terry L. Hall, or his 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 ingress and egress shall become the property of the State of Georgia, or its successors and assigns. SECTION 6. That no title shall be conveyed to Terry L. Hall and, except as herein specifically granted to Terry L. Hall, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Terry L. Hall. SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Terry L. Hall shall remove or relocate his facilities to the alternate easement area at his 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 Terry L. Hall. 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 and 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, a county with respect to the county road system, or 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 4990 JOURNAL OF THE HOUSE 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 Terry L. Hall 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 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 Chatham 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 Terry L. Hall shall expire three years after the date that this resolution becomes effective. SECTION 13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE II SECTION 14. That the State of Georgia is the owner of the hereinafter described real property in Clarke County and the property is in the custody of the Department of Agriculture, 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 the Unified Government of Athens-Clarke County, Georgia, or its 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 purpose of 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 TUESDAY, MARCH 28, 2006 4991 easement area is located at 2188 W. Broad Street, Athens-Clarke 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 January 18, 2006, prepared by J. R. Holland 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 purpose of ingress and egress. SECTION 17. That the Unified Government of Athens-Clarke County, Georgia shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said ingress and egress. SECTION 18. That, after the Unified Government of Athens-Clarke County, Georgia 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, the Unified Government of Athens-Clarke County, Georgia, 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 ingress and egress shall become the property of the State of Georgia, or its successors and assigns. SECTION 19. That no title shall be conveyed to the Unified Government of Athens-Clarke County, Georgia and, except as herein specifically granted to the Unified Government of AthensClarke County, Georgia, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Unified Government of Athens-Clarke County, Georgia. SECTION 20. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission 4992 JOURNAL OF THE HOUSE shall in its discretion determine to be in the best interests of the State of Georgia; and the Unified Government of Athens-Clarke County, Georgia shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and 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 Unified Government of Athens-Clarke County, Georgia. 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 and at no cost and 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, a county with respect to the county road system, or 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 22. That the easement granted to the Unified Government of Athens-Clarke County, Georgia 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 23. 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 24. That this grant of easement 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 25. That the authorization in this resolution to grant the above-described easement to the Unified Government of Athens-Clarke County, Georgia shall expire three years after the date that this resolution becomes effective. TUESDAY, MARCH 28, 2006 4993 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 Coweta County, and 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 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 purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating an electrical distribution line together with the right of ingress or 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 112, 113, 116, 117, 132, 133, 139, 140, 155, 156, 161, and 176 of the 4th District, Coweta 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 titled "Plant Yates Transmission Line", additional easement to be acquired crossing the property of Georgia Department of Natural Resources, 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 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 the 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. 4994 JOURNAL OF THE HOUSE That, after the 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, the 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 the Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 33. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best 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 and at no cost and expense to the State of Georgia. SECTION 34. That this resolution does not affect and is not intended to affect any rights, powers, interests, or liability of the Department of Transportation with respect to the state highway system, a county with respect to the county road system, or 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. TUESDAY, MARCH 28, 2006 4995 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 36. That the consideration for such easement shall be for $10.00 and the acknowledgment that Georgia Power Company conveyed 564 acres to the State of Georgia for a consideration of $10.00, a portion of which the herein described easement traverses, 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 Coweta 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 Douglas 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 the State Properties Commission. SECTION 41. That the State of Georgia, acting by and through its State Properties Commission, may grant to Greystone Power Corporation, 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 4996 JOURNAL OF THE HOUSE 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 lot 882, 13th District, 2nd Section, Douglas 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 Greystone Power Corporation, and attached as EXHIBIT "A" to that certain revocable license agreement dated June 15, 2005 and designated as real property record #10115, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval." SECTION 42. That the above-described premises shall be used solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution line. SECTION 43. That Greystone Power Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical distribution line. SECTION 44. That after the Greystone Power Corporation 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, Greystone Power Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall be the property of the State of Georgia, or its successors and assigns. SECTION 45. That no title shall be conveyed to Greystone Power Corporation, and, except as herein specifically granted to Greystone Power Corporation, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Greystone Power Corporation. SECTION 46. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent TUESDAY, MARCH 28, 2006 4997 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 Greystone Power Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed 20 percent the amount of a written estimate provided by Greystone Power Corporation. 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 and at no cost and expense to the State of Georgia. SECTION 47. 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, a county with respect to the county road system, or 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 statues in its use of the easement area. SECTION 48. That the easement granted to Greystone Power Corporation 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. SECTION 50. 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 51. That the authorization in this resolution to grant the above-described easement to 4998 JOURNAL OF THE HOUSE Greystone Power Corporation 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 Grady 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 54. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Cairo, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of utilities on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating utilities 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 381 and 20, 17th and 18th Land District, Grady County, Georgia, and are more particularly described as follows: "That portion and that portion only as shown highlighted in yellow on a plat of survey dated October 1, 2003 prepared by Larry W. Grogan 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 utilities. SECTION 56. That the City of Cairo 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 utilities. SECTION 57. TUESDAY, MARCH 28, 2006 4999 That, after the City of Cairo has put into use the utilities 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 Cairo, 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 Cairo, and, except as herein specifically granted to the City of Cairo, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Cairo. SECTION 59. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and the City of Cairo 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 Cairo. 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 and at no cost and expense to the State of Georgia. SECTION 60. 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, a county with respect to the county road system, or 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 statues in its use of the easement area. SECTION 61. 5000 JOURNAL OF THE HOUSE That the easement granted to the City of Cairo 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 Grady 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 Cairo 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 Muscogee 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 the Columbus Consolidated Government, 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 land lot 59, 9th District of Muscogee County, Georgia, and is more particularly described as follows: TUESDAY, MARCH 28, 2006 5001 "That portion and that portion only as shown highlighted in yellow on a plat of survey dated May 10, 2005 and prepared by A. B. Moon Jr., and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval." SECTION 68. That the above-described premises shall be used solely for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line. SECTION 69. That the Columbus Consolidated Government 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 70. That, after the Columbus Consolidated Government 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 Columbus Consolidated Government, 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 be the property of the State of Georgia, or its successors and assigns. SECTION 71. That no title shall be conveyed to the Columbus Consolidated Government, and, except as herein specifically granted to Columbus Consolidated Government, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Columbus Consolidated Government. SECTION 72. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and the Columbus Consolidated Government shall remove or relocate its facilities to the alternate 5002 JOURNAL OF THE HOUSE 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 Columbus Consolidated Government. 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 and at no cost and expense to the State of Georgia. SECTION 73. 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, a county with respect to the county road system, or 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 statues in its use of the easement area. SECTION 74. That the easement granted to the Columbus Consolidated Government 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 75. That the consideration for such easement shall be for the fair market value, but not less that $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 76. That this grant of easement shall be recorded by the grantee in the Superior Court of Muscogee County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 77. That the authorization in this resolution to grant the above-described easement to the Columbus Consolidated Government shall expire three years after the date that this resolution becomes effective. SECTION 78. TUESDAY, MARCH 28, 2006 5003 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 Bryan, Camden, Charlton, Chatham, and Glynn counties, and 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 80. That the State of Georgia, acting by and through its State Properties Commission, may grant to Southern Natural Gas Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a natural gas pipeline 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 natural gas pipeline together with the right of ingress or egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located on state property known as creek or river bottoms of St. Augustine Creek and the Ogeechee, Little Satilla, St. Marys, and Satilla Rivers and/or tidally influenced lands near these waters and manages a state owned scenic easement along the Altamaha River in Glynn County, Georgia, and is more particularly described as outlined in yellow on a drawing prepared by Southern Natural Gas Company and being titled "Proposed Cypress Pipeline Crossings Over State Lands and Tidal Areas", 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 constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said natural gas pipeline. SECTION 82. That Southern Natural Gas 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 natural gas pipe line. SECTION 83. That, after Southern Natural Gas Company has put into use the natural gas pipeline for 5004 JOURNAL OF THE HOUSE 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, Southern Natural Gas 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 Southern Natural Gas Company, and, except as herein specifically granted to Southern Natural Gas Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Southern Natural Gas Company. SECTION 85. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Southern Natural Gas 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 Southern Natural Gas 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 and at no cost and expense to the State of Georgia. SECTION 86. That this resolution does not affect and is not intended to affect any rights, powers, interests, or liability of the Department of Transportation with respect to the state highway system, a county with respect to the county road system, or 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 87. TUESDAY, MARCH 28, 2006 5005 That the easement granted to Southern Natural Gas 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 not less than 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 Courts of Bryan, Camden, Charlton, Chatham, and Glynn counties 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 Southern Natural Gas 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 Whitfield 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 the State Properties Commission. SECTION 93. That the State of Georgia, acting by and through its State Properties Commission, may grant to North Georgia Electric Membership Corporation, 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 5006 JOURNAL OF THE HOUSE accomplish the aforesaid purposes. Said easement area is located in land lot 230, 13th District, 3rd Section, Whitfield 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 North Georgia Electric Membership Corporation, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval." SECTION 94. That the above-described premises shall be used solely for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution line. SECTION 95. That North Georgia Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical distribution line. SECTION 96. That, after North Georgia Electric Membership Corporation 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, North Georgia Electric Membership Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall be the property of the State of Georgia, or its successors and assigns. SECTION 97. That no title shall be conveyed to North Georgia Electric Membership Corporation, and, except as herein specifically granted to North Georgia Electric Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to North Georgia Electric Membership Corporation. SECTION 98. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent TUESDAY, MARCH 28, 2006 5007 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 North Georgia Electric Membership Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and 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 North Georgia Electric Membership Corporation. 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 and at no cost and expense to the State of Georgia. SECTION 99. 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, a county with respect to the county road system, or 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 100. That the easement granted to North Georgia Electric Membership Corporation 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 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 Whitfield County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 103. That the authorization in this resolution to grant the above-described easement to North 5008 JOURNAL OF THE HOUSE Georgia Electric Membership Corporation 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 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 1259. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y 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 E Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Cheokas Coan Cole Coleman, B Y Coleman, T E Crawford Y Cummings Davis Y Day Dean Y Dickson Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner E Harbin Y Hatfield Y Heard, J Heard, K Y Heckstall Y Hembree Y Hill, C.A Holmes Y Holt Y Horne Y Houston Howard, E Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Jordan E Keen Y Keown Kidd Knight Y Knox Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Maddox Y Mangham Martin Maxwell Y May Y McCall McClinton Y Meadows Y Millar 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 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 Sailor Scheid Scott, A Y Scott, M Y Setzler Shaw Sheldon Sims, C Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V Y Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, R Y Wix TUESDAY, MARCH 28, 2006 5009 Y Cooper Y Cox Henson Y Hill, C Manning E Marin Y Royal Y Rynders Y Yates Richardson, Speaker On the motion, the ayes were 119, nays 0. The motion prevailed. Representatives Dukes of the 150th and Jenkins of the 8th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1451. By Representatives Sheldon of the 105th, Knox of the 24th, Walker of the 107th, Byrd of the 20th, Channell of the 116th and others: A BILL to be entitled an Act to amend Article 7A of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the Long-term Care Partnership Program, so as to revise certain definitions; 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 Article 7A of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the Long-term Care Partnership Program, so as to revise certain 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. Article 7A of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the Long-term Care Partnership Program, is amended by striking Code Section 49-4-161, relating to definitions, and inserting in lieu thereof a new Code Section 49-4-161 to read as follows: "49-4-161. As used in this article, the term: (1) 'Asset disregard' means the total assets an individual owns and may retain upon application for the, with regard to state Medicaid program and still qualify for benefits, the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made to or on behalf of an if the individual: 5010 JOURNAL OF THE HOUSE (A) Is who is a beneficiary under of a Georgia Long-Term Care Partnership Program approved policy; and (B) Has exhausted the benefits of such policy or has diminished such assets below anticipated remaining policy benefits a qualified long-term care insurance partnership policy. (2) 'Commissioner' means the Commissioner of Insurance. (2)(3) 'Department' means the Department of Community Health. (3) (4) 'Georgia Long-Term Qualified Long-term Care Partnership Program approved policy' means a long-term care insurance policy that is approved by the Commissioner of Insurance and is provided through state approved long-term care insurers through the Georgia Long-Term Care Partnership Program meets the model regulations and requirements of the National Association of Insurance Commissioners long-term care insurance model regulation and long-term care insurance model act as specified in 42 U.S.C. 1917(b) and Section 6021 of the Federal Deficit Reduction Act of 2005 and the Commissioner certifies such policy as meeting these requirements. (4) (5) 'State Medicaid program' means the medical assistance program established in this state under Title XIX of the federal Social Security Act. (6) 'State plan amendment' means a state Medicaid plan amendment made to the federal Department of Health and Human Services that provides for the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made to or on behalf of an individual who is a beneficiary under a qualified long-term care insurance partnership policy." SECTION 2. Said article is further amended by striking Code Section 49-4-162, relating to the Georgia Long-term Care Partnership Program, and inserting in lieu thereof a new Code Section 49-4-162 to read as follows: "49-4-162. (a) There In accordance with Section 6021 of the Federal Deficit Reduction Act of 2005, there is established the Georgia Long-Term Long-term Care Partnership Program which shall be administered by the Department of Community Health, with the assistance of the Commissioner of Insurance and the Department of Human Resources, and which shall be for the following purposes: (1) To provide incentives for individuals to insure against the costs of providing for their long-term care needs; (2) To provide a mechanism for individuals to qualify for coverage of the cost of their long-term care needs under the state Medicaid program without first being required to substantially exhaust their resources; (3) To provide counseling services through the Division of Aging Services of the Department of Human Resources to individuals in planning of their long-term care needs; and (4) To alleviate the financial burden on the state's Medicaid program by encouraging the pursuit of private initiatives. TUESDAY, MARCH 28, 2006 5011 (b) Upon the exhaustion of benefits or upon the diminishment of assets below the anticipated remaining benefits under a Georgia Long-Term Qualified Long-term Care Partnership Program approved policy, certain assets of an individual, as provided in subsection (c) of this Code section, shall not be considered when determining any of the following: (1) Medicaid eligibility; (2) The amount of any Medicaid payment; and (3) Any subsequent recovery by the state of a payment for medical services. (c) The department shall: amend the state Medicaid program to allow for asset disregard. The department shall provide for asset disregard by counting insurance benefits paid for covered services under the Georgia Long-Term Care Partnership Program for purchasers of a Georgia Long-Term Care Partnership Program approved policy toward asset disregard (1) Within 180 days of the effective date of this Code section, make application to the federal Department of Health and Human Services for a state plan amendment to establish that the assets an individual owns and may retain under Medicaid and still qualify for benefits under Medicaid at the time the individual applies for benefits is increased dollar for dollar for each dollar paid out under the individual's long-term care insurance policy if the individual is the beneficiary of a qualified long-term care insurance partnership policy purchased through the Georgia Long-term Care Partnership Program; and (2) Provide information and technical assistance to the Commissioner to assure that any individual who sells a qualified long-term care insurance partnership policy receives training and demonstrates evidence of an understanding of such policies and how they relate to other public and private coverage of long-term care." SECTION 3. Said article is further amended by striking Code Section 49-4-163, relating to eligibility for asset disregard, and inserting in lieu thereof a new Code Section 49-4-163 to read as follows: "49-4-163. (a) An individual who is a beneficiary of a Georgia Long-Term Qualified Long-term Care Partnership Program approved policy is eligible for assistance under the state Medicaid program using asset disregard pursuant to the provisions of subsection (c) of Code Section 49-4-162. (b) If the Georgia Long-Term Long-term Care Partnership Program is discontinued, an individual who purchased a Georgia Long-Term Qualified Long-term Care Partnership Program approved policy prior to the date the program was discontinued shall be eligible to receive asset disregard if allowed as provided by Title VI, Section 6021 of the Federal Deficit Reduction Act of 2005. (c) The department may enter into reciprocal agreements with other states to extend the asset disregard to residents of the state who purchase long-term care policies in another 5012 JOURNAL OF THE HOUSE state which has asset disregard provisions as established under this article as provided by Title VI, Section 6021 of the Federal Deficit Reduction Act of 2005." SECTION 4. Said article is further amended by striking Code Section 49-4-164, relating to rules and regulations, and inserting in lieu thereof a new Code Section 49-4-164 to read as follows: "49-4-164. (a) The Commissioner shall: (1) Develop requirements to ensure that any individual who sells a qualified longterm care insurance partnership policy receives training and demonstrates evidence of an understanding of such policies and how they relate to other public and private coverage of long-term care; and (2) Not impose any requirement affecting the terms or benefits of qualified long-term care partnership policies unless the Commissioner imposes such a requirement on all long-term care policies sold in this state without regard to whether the policy is covered under the partnership or is offered in connection with such partnership. (b) The department and the Commissioner of Insurance are authorized to promulgate rules and regulations to implement and administer the provisions of this article. (c) The issuers of qualified long-term care partnership policies in this state shall provide regular reports to both the Secretary of the Department of Health and Human Services in accordance with federal law and regulations and to the department and the Commissioner as provided in Section 6021 of the Federal Deficit Reduction Act of 2005." SECTION 5. Said article is further amended by striking Code Section 49-4-165, relating to notice to consumers, and inserting in lieu thereof a new Code Section 49-4-165 to read as follows: "49-4-165. (a) A qualified long-term care insurance partnership policy issued after the effective date of this article shall contain a summary notice to the consumer in plain language on the current law pertaining to asset disregard and asset tests. (b) The notice to the consumer under subsection (a) of this Code section shall be developed by the Commissioner of Insurance." SECTION 6. Said article is further amended by striking Code Section 49-4-166, relating to effective date, and inserting in lieu thereof a new Code Section 49-4-166 to read as follows: "49-4-166. The provisions of this article shall become effective 60 days after the effective date of the repeal of the restrictions to asset protection contained in the federal Omnibus Budget Reconciliation Act of 1993, Public Law 103-66, 107 Stat. 312 Reserved." SECTION 7. TUESDAY, MARCH 28, 2006 5013 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 Sheldon of the 105th moved that the House agree to the Senate substitute to HB 1451. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson E Anderson Y Ashe Y 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 E Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Cheokas Coan Cole Coleman, B Y Coleman, T Y Cooper Y Cox E Crawford Y Cummings Y Davis Y Day Dean Y Dickson Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Greene Y Hanner E 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, E Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Jordan E Keen Y Keown Y Kidd 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 Maxwell Y May McCall McClinton Y Meadows Millar 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 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 Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V Y Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 127, nays 0. 5014 JOURNAL OF THE HOUSE The motion prevailed. Representatives Dukes of the 150th 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. HB 1195. By Representatives Willard of the 49th, Tumlin of the 38th, Wilkinson of the 52nd, Geisinger of the 48th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to require complaints to be accompanied in filing with the civil case filing form; to require judgments to be accompanied in filing with the civil case disposition form; to change certain provisions relating to commencement of actions; to change certain provisions relating to entry of judgment; to provide for 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 amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to require complaints to be accompanied in filing with the civil case filing form; to require judgments to be accompanied in filing with the civil case disposition form; to change certain provisions relating to commencement of actions; to provide for amended civil case filing forms; to change certain provisions relating to entry of judgment; to provide for confidential settlement agreements being excluded on civil case disposition forms; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," is amended by striking Code Section 9-11-3, relating to commencement of actions, and inserting in lieu thereof the following: "9-11-3. (a) A civil action is commenced by filing a complaint with the court. (b) At the time of filing the complaint for a civil action in superior court or state court, or as soon as practicable thereafter, the plaintiff shall file the appropriate civil case filing form with the clerk of the court. The form shall contain complete information and shall be substantially in the form prescribed in Code Section 9-11-133. The filing TUESDAY, MARCH 28, 2006 5015 of the complaint shall not be delayed for the filing of the case filing form. If, after a civil action has been filed, the court presiding over the civil action decides that the civil case filing form has not been filed or has been filed incorrectly, the court shall require the plaintiff to file the civil case filing form or an amended form. In no case shall the failure to accurately complete the civil case filing form required by this Code section provide a basis to dismiss a civil action." SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 9-11-58, relating to the entry of judgment and filing of the civil case disposition form, and inserting in lieu thereof the following: "(b) When judgment entered. The filing with the clerk of a judgment, signed by the judge, with the fully completed civil case disposition form constitutes the entry of the judgment, and, unless the court otherwise directs, no judgment shall be effective for any purpose until the entry of the same, as provided in this subsection. As part At the time of the filing of the final judgment, a civil case disposition form shall be filed by the prevailing party or by the plaintiff if the case is settled, dismissed, or otherwise disposed of without a prevailing party; provided, however, that the amount of a sealed or otherwise confidential settlement agreement shall not be disclosed on the civil case disposition form. The form shall be substantially in the form prescribed in Code Section 9-11-133. If any of the information required by the form is sealed by the court, the form shall state that fact and the information under seal shall not be provided. The entry of the judgment shall not be made by the clerk of the court until the civil case disposition form is filed. The entry of the judgment shall not be delayed for the taxing of costs. This subsection shall not apply to actions brought pursuant to OCGA Sections 44-7-50 - 44-7-59 or the filing of the case disposition form." SECTION 3. This Act shall become effective on July 1, 2006, and shall apply to actions and judgments filed on or after July 1, 2006. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Willard of the 49th moved that the House agree to the Senate substitute to HB 1195. 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 E Crawford Y Cummings N Davis Y Day Y Dean Y Hill, C.A Holmes Y Holt Y Horne Y Houston Martin Y Maxwell N May McCall McClinton Sailor Scheid Y Scott, A Scott, M Y Setzler 5016 JOURNAL OF THE HOUSE 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 E Buckner, G Y Burkhalter Y Burmeister Y Burns Butler N Byrd Carter Y Casas Y Chambers Y Channell Cheokas Y Coan Y Cole Coleman, B Y Coleman, T Y Cooper Y Cox Y Dickson Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Franklin Freeman Y Gardner Y Geisinger Y Golick Y Graves, D N Graves, T Y Greene Y Hanner E Harbin Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Howard, E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Jordan E Keen Y Keown Y Kidd Knight Y Knox Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Y Manning E Marin Y Meadows Y Millar 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 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 Shaw Sheldon Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V Y Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 125, nays 5. The motion prevailed. HB 1304. By Representatives Knox of the 24th, Brown of the 69th and Meadows of the 5th: A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to provide that neither the cash surrender values nor the proceeds of life insurance policies and annuity contracts shall be liable to attachment, garnishment, or legal process in favor of any creditor of the person for whose use or benefit the policy or contract was executed; to provide that the proceeds of life insurance policies that are payable to the insured's estate or executor, administrator, or assign shall become a part of the insured's estate to be administered as all other estate assets; to provide for the discharge from liability for any insurer for payments in accordance with TUESDAY, MARCH 28, 2006 5017 such provisions; 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 Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that neither the cash surrender values nor the proceeds of life insurance policies and annuity contracts shall be liable to attachment, garnishment, or legal process in favor of any creditor of the person for whose use or benefit the policy or contract was executed; to provide that the proceeds of life insurance policies that are payable to the insured's estate or executor, administrator, or assign shall become a part of the insured's estate to be administered as all other estate assets; to provide for the discharge from liability for any insurer for payments in accordance with such provisions; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-25-11, relating to right of beneficiaries and assignees of insurance policies to proceeds of life insurance policies, and inserting in lieu thereof a new Code Section 33-25-11 to read as follows: "33-25-11. (a) If a policy of life insurance is effected by any person on his own life or on another life in favor of a person other than himself or, except in cases of transfer with intent to defraud creditors, if a policy of life insurance is assigned or in any way made payable to any such person, the lawful beneficiary or assignee thereof, other than the insured or the person so effecting such insurance or executors or administrators of such insured or the person so effecting the insurance, shall be entitled to its proceeds and avails as against the creditors and representatives of the insured and of the person effecting the same, whether or not the right to change the beneficiary shall be reserved or permitted and whether or not the policy shall be made payable to the person whose life is insured if the beneficiary or assignee shall predecease such person Whenever any person residing in the state shall die leaving insurance on his or her life, such insurance shall inure exclusively to the benefit of the person for whose use and benefit such insurance is designated in the policy, and the proceeds thereof shall be exempt from the claims of creditors of the insured unless the insurance policy or a valid assignment thereof provides otherwise. Whenever the insurance, by designation or otherwise, is payable to the insured or to the insured's estate or to his or her executors, administrators, or assigns, the insurance proceeds shall become a part of the insured's estate for all 5018 JOURNAL OF THE HOUSE purposes and shall be administered by the personal representative of the estate of the insured in accordance with the probate laws of the state in like manner as other assets of the insured's estate. (b) Subject to the statute of limitations, the amount of any premiums for said insurance paid with intent to defraud creditors with interest thereon shall inure to the benefit of creditors from the proceeds of the policy; but the insurer shall be discharged of all liability thereon by payment of its proceeds in accordance with its terms, unless before the payment the insurer shall have received written notice, by or in behalf of a creditor, of a claim to recover for transfer made or premiums paid with intent to defraud creditors, with specifications of the amount claimed Payments as directed in this Code section shall, in every such case, discharge the insurer from any further liability under the policy, and the insurer shall in no event be responsible for, or be required to see to, the application of such payments. (c) The cash surrender values of life insurance policies issued upon the lives of citizens or residents of this state, upon whatever form, shall not in any case be liable to attachment, garnishment, or legal process in favor of any creditor of the person whose life is so insured unless the insurance policy was assigned to or was effected for the benefit of such creditor or unless the purchase, sale, or transfer of the policy is made with the intent to defraud creditors." SECTION 2. Said title is further amended by striking Code Section 33-28-7, relating to right of beneficiaries and assignees to proceeds of annuity, reversionary annuity, and pure endowment contracts as against creditors and representatives of persons effecting contracts, and inserting in lieu thereof a new Code Section 33-28-7 to read as follows: "33-28-7. If an annuity, reversionary annuity, or pure endowment contract shall be effected by any person, based on his own life or on another life, payable to a person other than himself, the lawful beneficiary or assignee of the contract, other than the person effecting the contract or his executors or administrators, shall be entitled to its proceeds and avails against the creditors and representatives of the person effecting the contract to the same extent and under the same conditions provided with reference to the proceeds and avails of insurance policies in Code Section 33-25-11 The proceeds of annuity, reversionary annuity, or pure endowment contracts issued to citizens or residents of this state, upon whatever form, shall not in any case be liable to attachment, garnishment, or legal process in favor of any creditor of the person who is the beneficiary of such annuity contract unless the annuity contract was assigned to or was effected for the benefit of such creditor or unless the purchase, sale, or transfer of the policy is made with the intent to defraud creditors." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. TUESDAY, MARCH 28, 2006 5019 SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Knox of the 24th moved that the House agree to the Senate substitute to HB 1304. 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 Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D E Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter Y Casas Chambers Y Channell Cheokas Y Coan Y Cole Coleman, B Y Coleman, T Y Cooper Y Cox E Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Y Dollar Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Freeman Y Gardner Y Geisinger Golick Y Graves, D Y Graves, T Y Greene Hanner E 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 Y Howard, E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Jordan E Keen Y Keown Y Kidd 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 E Marin Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Mitchell Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver O'Neal Orrock 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 Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Sheldon Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V Y Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 131, nays 0. The motion prevailed. 5020 JOURNAL OF THE HOUSE Representative Dukes of the 150th 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 1145. By Representatives Ralston of the 7th, Mumford of the 95th and Forster of the 3rd: 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 change provisions relating to mental health proceedings; to provide for definitions; to reorganize certain provisions of the article for clarity; to require a child to be represented by an attorney if the child is being evaluated for competency; to change certain provisions relating to the content of an evaluator's report; to provide for least restrictive environments, where possible; to provide certain information to victims; to provide for disposition where a child will not become competent; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate 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 certain cases in juvenile court; to change provisions relating to mental health proceedings; to provide for definitions; to reorganize certain provisions of the article for clarity; to require a child to be represented by an attorney if the child is being evaluated for competency; to change certain provisions relating to the content of an evaluator's report; to provide for least restrictive environments, where possible; to provide certain information to victims; to provide for disposition where a child will not become competent; to provide for a short title; to change certain provisions relating to disposition for certain delinquent acts; to change provisions relating to a juvenile court judge's authority in setting a commitment disposition for certain delinquency cases; to provide for the manner in which the Department of Juvenile Justice may discharge certain juveniles; to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to change certain provisions relating to commitment of delinquent or unruly children and their discharge from commitment; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1. TUESDAY, MARCH 28, 2006 5021 Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking Article 4, relating to mental health, and inserting in lieu thereof the following: "ARTICLE 4 15-11-149. (a) Study and report. If, at any time, the evidence indicates that a child may be suffering from mental retardation or mental illness, the court may commit the child to an appropriate institution, agency, or individual for study and report on the child's mental condition. (b) Determination of disability. The juvenile court judge shall determine whether a child has been determined to be handicapped as defined in 20 U.S.C. Sections 1401(a)(1) and 1401(a)(15). If there is an Individualized Education Program (IEP) as defined in 20 U.S.C. Section 1401(a)(20), it shall be made a part of the dispositional hearing record. (c) Commitment. If it appears from the study and report undertaken pursuant to subsection (a) of this Code section that the child is committable under the laws of this state as a mentally retarded or mentally ill child, the court shall order the child detained and shall proceed within ten days to commit the child to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. (d) Other disposition or transfer. If the child is found not to be committable, the court shall proceed to the disposition or transfer of the child as otherwise provided by Article 1. (e) Applicability of Code Section 15-11-62. The provisions of Code Section 15-11-62 shall not apply to any child 13 to 15 years of age who is found to be suffering from mental illness or mental retardation. Any such child shall not be committed to the Department of Corrections but shall be committed to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources as provided in this Code section. 15-11-150. (a) The purpose of this article is to: (1) Set forth procedures for a determination of mental incompetency and a declaration of dependency for any child while the child is determined to be not mentally competent; and (2) Provide a mechanism for the development and implementation of a mental competency plan for treatment, habilitation, support, or supervision, within current resources, for any child who is determined to be not mentally competent to participate in an adjudication or disposition hearing and is adjudicated dependent upon the court. (b) The provisions of this article shall not apply to any case in which the superior court has jurisdiction pursuant to Code Section 15-11-62. 5022 JOURNAL OF THE HOUSE 15-11-151. As used in this article, the term: (1) 'Dependent' means a child who is alleged to have committed a delinquent or unruly act, is found not mentally competent to stand trial by the court, and has charges pending which have not been dismissed by the court. (2) 'Judge' means any judge, associate judge, or judge pro tempore of the court exercising jurisdiction over juvenile matters. (3) 'Mental competency plan' means an interagency treatment, habilitation, support, or supervision plan developed at an interagency meeting of state or local agency representatives, parties, and other interested persons, which is achievable within the limits of current resources, following a court's finding that a child is not mentally competent and dependent upon the court and submitted to the court for approval as part of the disposition of the dependency case. The goal of a mental competency plan is supervision, to bring or restore the child to mental competency such that he or she is able to participate in adjudication, a disposition hearing for delinquency or unruliness, or a proceeding regarding transfer to superior court. (4) 'Mental competency proceedings' means hearings conducted to determine whether a child is mentally competent to participate in adjudication, a disposition hearing, or a transfer proceeding held pursuant to this chapter. (5) 'Mentally competent' means having sufficient present ability to understand the nature and objectives of the proceedings, against himself or herself, to comprehend his or her own situation in relation to the proceedings, and to render assistance to the defense attorney in the preparation and presentation of his or her case in all adjudication, disposition, or transfer hearings held pursuant to this chapter. The child's age or immaturity may be used as the basis for determining the child's competency. (6) 'Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. (7) 'Mental retardation' means a state of significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period. (8) 'Plan manager' means a person who is under the supervision of the court and is appointed by the court to convene a meeting of all relevant parties for the purpose of developing a mental competency plan. Said person is responsible for collecting all previous histories of the child including evaluations, assessments, and school records. (7)(9) 'Qualified examiner' means a licensed psychologist or psychiatrist who has expertise in child development and has received training in forensic evaluation procedures through formal instruction, professional supervision, or both. 15-11-152. (a) If at any time after the filing of a petition alleging delinquency or unruliness the court has reason to believe that the child named in the petition may not be mentally TUESDAY, MARCH 28, 2006 5023 competent, the court on its own motion or on the motion of the attorney representing the child, any guardian ad litem for the child, the child's parent or legal guardian, or the attorney representing the state may stay all delinquency or unruly conduct proceedings relating to that petition and order an evaluation of the child's mental condition. Prior to the administration of any such evaluation, the court shall appoint an attorney to represent the child if the child is not yet represented by counsel. All time limits under Article 1 of this chapter for adjudication and disposition of that petition are tolled during the evaluation, adjudication, and disposition phases of the mental competency proceeding. (b) An evaluation ordered under subsection (a) of this Code section shall be conducted by a qualified examiner who shall consider whether the child is mentally competent. If the qualified examiner determines that the child is not competent, the qualified examiner shall complete a full mental health evaluation, study, and report pursuant to Code Section 15-11-149. If the basis for questioning the child's mental competency concerns a problem with intellectual functioning, mental retardation, mental illness, maturity, or a learning disability, the qualified examiner must be a psychiatrist or licensed psychologist. The probation officers of juvenile court shall provide the qualified examiner with any law enforcement or court records necessary for understanding the petition alleging delinquency or unruliness. The attorney for the child may provide the qualified examiner with any records from any other available sources that are deemed necessary for the mental competency evaluation. (c) A qualified examiner who conducts an evaluation under subsection (b) of this Code section shall submit a written report to the court, within 30 days from receipt of the court order requiring the evaluation, which report shall contain the following: (1) The reason for the evaluation; (2) The evaluation procedures used, including any psychometric instruments administered, any records reviewed, and the identity of any persons interviewed; (3) Any available pertinent background information; (4) The results of a mental status exam, including the diagnosis and description of any psychiatric symptoms, cognitive deficiency, or both; (5) A description of abilities and deficits in the following mental competency functions: (A) The ability to understand and appreciate the nature and object of the proceedings; (B) The ability to comprehend his or her situation in relation to the proceedings; and (C) The ability to render assistance to the defense attorney in the preparation of his or her case; (6) An opinion regarding the potential significance of the child's mental competency, strengths, and deficits; and (7) An opinion regarding whether or not the child should be considered mentally competent; and (8) A specific statement for the basis for a determination of incompetence. 5024 JOURNAL OF THE HOUSE (d) If, in the opinion of the qualified examiner, the child should not be considered mentally competent, the qualified examiner shall complete a full mental health evaluation and report pursuant to Code Section 15-11-149, and such report shall also include the following: (1) A diagnosis made as to whether there is a substantial probability that the child will attain mental competency to participate in adjudication, a disposition hearing, and a transfer hearing in the foreseeable future; (2) A recommendation as to the appropriate treatment setting and whether residential or nonresidential treatment is required or appropriate; (3) Where appropriate, recommendations Recommendations for the general level and type of remediation necessary for significant deficits; and (3)(4) Where appropriate, recommendations Recommendations for modifications of court procedure which may help compensate for mental competency weaknesses. (e) The court in its discretion may grant the qualified examiner an extension in filing the evaluation report. (f) Copies of the written evaluation report shall be provided by the court to the attorney representing the child, the attorney representing the state, the district attorney prosecuting attorney or a member of his or her staff, and any guardian ad litem for the child no later than five working days after receipt of the report by the court. (g) Upon a showing of good cause by any party or upon the court's own motion, the court may order additional examinations by other qualified examiners. In no event shall more than one examination be conducted by a qualified examiner employed by the Department of Human Resources. (h) No statement made by a child or information obtained in the course of an evaluation, hearing, or other proceeding provided for in this Code section, whether the evaluation is with or without the consent of the child, shall be admitted into evidence against the child in any future proceeding in the state's case-in-chief. 15-11-153. (a) A hearing of to determine mental competency shall be conducted within 60 days after the initial court order for evaluation. At least ten days prior written notice of the hearing shall be transmitted to the child, any parent, guardian, or other legal custodian of the child, any guardian ad litem for the child, the attorney representing the child, and the attorney representing the state. Ten days prior written notice of the hearing shall be served on the district attorney, prosecuting attorney for all mental competency proceedings in which the district attorney prosecuting attorney, or a member of the district attorney's prosecuting attorney's staff, may participate. The hearing may be continued by the court for good cause shown. (b) The burden of proving that the child is not mentally competent shall be on the child. The standard of proof necessary for proving mental incompetency shall be a preponderance of the evidence. (c) At the hearing of to determine mental competency, the attorney representing the child and the attorney representing the state shall have the right to: TUESDAY, MARCH 28, 2006 5025 (1) Present evidence; (2) Call and examine witnesses; (3) Cross-examine witnesses; and (4) Present arguments. The qualified examiner appointed by the court shall be considered the court's witness and shall be subject to cross-examination by both the attorney representing the child and the attorney representing the state. (c)(d) The court's findings of fact shall be based on any evaluations of the child's mental condition conducted by qualified examiners appointed by the court and any evaluations of the child's mental condition conducted by independent evaluators hired by the parties and any additional evidence presented. The burden of proving that the child is not mentally competent shall be on the child. The standard of proof necessary for proving mental incompetency shall be a preponderance of the evidence. Copies of the court's findings shall be transmitted to the same parties to whom notice of the hearing was provided within ten days following the issuance of those findings. (d)(e) If the court finds that the child is mentally competent, the proceedings which have been suspended shall be resumed and the time limits under Article 1 of this chapter for adjudication and disposition of the petition shall begin to run from the date of the order finding the child mentally competent. (e)(f) If the court finds that the child is not mentally competent, the child may shall be adjudicated dependent by the court. If the court determines that a child alleged to have committed an act which is a misdemeanor if committed by an adult or an unruly act is not mentally competent, and the child is adjudicated dependent, the court may dismiss the petition without prejudice. A child who is thus found not to be mentally competent shall not be subject to discretionary transfer to superior court, adjudication, disposition, or modification of disposition as long as such mental incompetency exists. At the time the child is adjudicated dependent upon the court, the court shall appoint a guardian ad litem to represent the best interests of the child if a guardian ad litem has not been appointed previously. (g) All court orders determining incompetency shall include specific written findings by the court as to the nature of the incompetency and whether the child requires a secure or nonsecure treatment. (h) Copies of the court's findings shall be transmitted to the same parties to whom notice of the hearing was provided within ten days following the issuance of those findings. 15-11-153.1. (a) If the court determines that a child is mentally incompetent, is dependent, is alleged to have committed an unruly act or an act which would be a misdemeanor if committed by an adult, the court may dismiss the petition without prejudice. (b) A child who is found to be mentally incompetent shall not be subject to discretionary transfer to superior court, adjudication, disposition, or modification of disposition provided that the mental incompetency exists. 5026 JOURNAL OF THE HOUSE 15-11-153.2. (a) If at any time following an adjudication of dependency, the court determines that the child is a resident of a county of this state other than the county in which the court sits, the court may transfer the proceeding to the county of the child's residence unless the act alleged would be a felony if committed by an adult. (b) When any case is transferred pursuant to this Code section, certified copies of all legal, social history, health, or mental health records pertaining to the case on file with the clerk of the court shall accompany the transfer. Compliance with this Code section shall terminate jurisdiction in the sending court and initiate jurisdiction in the receiving court. (c) If the child's mental competency is restored, jurisdiction of the case may be returned to the sending court. 15-11-154. (a) If at any time following an adjudication of dependency, the court determines that the child is a resident of a county of this state other than the county in which the court sits, the court may transfer the proceeding to the county of the child's residence unless the act alleged would be a felony if committed by an adult. When any case is transferred pursuant to this Code section, certified copies of all legal, social history, health, or mental health records pertaining to the case on file with the clerk of the court shall accompany the transfer. Compliance with this Code section shall terminate jurisdiction in the sending court and initiate jurisdiction in the receiving court. If the child's mental competency is restored, jurisdiction of the case may be returned to the sending court. (b) Upon an adjudication of dependency, the court having jurisdiction of the case shall appoint a plan manager who may be any guardian ad litem for the child or may be any other person who is under the supervision of the court. The person so appointed shall submit a mental competency plan to the court within 30 days of the court's adjudication of dependency. That plan shall include the following: (1) The specific deficits the plan is attempting to address, including supervision, mental competency, or mental competency restoration; (2) An outline of the specific provisions for supervision of the child for protection of the community and the child; (3) An outline of a plan designed to provide for treatment, habilitation, support, or supervision services in the least restrictive environment achievable within the limits of current resources; and (4) If the plan recommends treatment in a secure environment, certification by the plan manager that all other appropriate community based treatment options have been exhausted; and (4)(5) Identification of all parties, including the child, agency representatives, and other persons responsible for each element of the plan. The court in its discretion may grant the plan manager an extension in filing the mental competency plan. TUESDAY, MARCH 28, 2006 5027 (c)(b)(1) The mental competency plan shall be developed at a meeting of all relevant parties convened by the plan manager. The plan manager shall request that the following persons attend the meeting: (A) Any parent, guardian, or other legal custodian of the child; (B) The attorney representing the child; (C) The attorney representing the state; (D) Any guardian ad litem of the child; (E) Mental health or mental retardation representatives; (F) Any probation officer or caseworker who works with the child; and (G) A representative from the child's school.; and (H) Any family member of the child who has shown an interest and involvement in the child's well-being. (2) The plan manager may request that other relevant persons attend the mental competency plan meeting including but not limited to the following: (A) A representative from the division of public health; (B) A child protective services worker; and (C) Representatives of the public and private resources to be utilized in the plan; and (D) Any family member of the child who has shown an interest and involvement in the child's well-being. (3) The plan manager shall be responsible for collecting all previous histories of the child, including but not limited to previous evaluations, assessments, and school records, and for making such histories available for consideration by the persons at the meeting. (4) Before the disposition hearing and review hearings, the plan manager shall be responsible for convening a meeting of all parties and representatives of all agencies. (5) The plan manager and persons enumerated in paragraph (1) of subsection (b) of this Code section shall identify to the court any person who should provide testimony at such hearing. (6) The plan manager shall be responsible for monitoring the competency plan, presenting to the court amendments to such plan as needed, and presenting evidence to the court for the reapproval of such plan at subsequent review hearings. 15-11-155. (a) The court shall hold a disposition hearing for the purpose of approving the mental competency plan within 30 days after the mental competency plan has been submitted to the court. Thereafter, the court shall hold a hearing for the purpose of reviewing the child's condition and approving the mental competency plan every six months during the child's dependency. Before the disposition hearing and any review hearings, the plan manager shall be responsible for convening a meeting of all parties, representatives of all agencies, and other persons responsible for the plan and for identifying to the court any persons who should provide testimony at such hearing. 5028 JOURNAL OF THE HOUSE (b) The persons required to be notified of the mental competency disposition hearing and witnesses identified by the plan manager shall be given at least ten days prior notice of the disposition hearing and any subsequent hearing to review the child's condition and shall be afforded an opportunity to be heard at any such hearing. The victim, if any, of the child's delinquent or unruly act shall also be provided with the same ten days prior notice regarding any such hearing and shall be afforded an opportunity to be heard and to present a victim impact statement to the court at any such hearing. The judge shall make a determination regarding sequestration of witnesses in order to protect the privileges and confidentiality rights of the child. (c) At the disposition hearing, the court shall enter an order incorporating a mental competency plan as part of the disposition. At the time of disposition, a child who has been adjudicated a dependent of the court shall be placed in an appropriate treatment setting. If a dependent child is housed in a detention or youth development facility at the time of disposition, such child shall be moved to an appropriate treatment setting within five business days. (d) If the court determines at any time that the child will not become competent to proceed, the court may dismiss the delinquency petition. If, at the end of the two-year period following the date of the order of incompetence, the child has not attained competence and there is no substantial evidence that the child will attain competence within a year, the court shall dismiss the delinquency petition. If appropriate, the court may order that civil commitment proceedings be initiated. Such proceedings shall be instituted not less than 60 days prior to the dismissal of the delinquency petition. If, upon subsequent review, the court determines that the child may be mentally competent, the court shall proceed as provided in Code Sections 15-11-152, 15-11-153, and 15-11-154 and enter findings of fact as to the child's mental competency. (f)(e) The prosecuting attorney or a member of the prosecuting attorney's staff may seek civil commitment pursuant to Chapters 3 and 4 of Title 37. If, during the disposition hearing or any subsequent review hearing, the court determines that the child meets criteria for commitment and that services are available under the relevant laws for commitment to any agency or agencies for treatment, habilitation, support, or supervision, the court may commit the child to an appropriate agency or agencies for services under applicable law. (d)(f) At any time, in the event of a change in circumstances regarding the child, the court on its own motion or on the motion of the attorney representing the child, any guardian ad litem for the child, the attorney for the state, or the plan manager may set a hearing for review of the mental competency plan and any proposed amendments to that plan. The court may issue an appropriate order incorporating an amended mental competency plan. (e)(g) At the disposition hearing and at every review hearing, the court shall consider whether the petition alleging delinquency or unruliness should be withdrawn, maintained, or dismissed, without prejudice, upon grounds other than the child's not being mentally competent. If the court dismisses the petition, the state may seek to refile petitions alleging felonies if the child is later determined to be mentally TUESDAY, MARCH 28, 2006 5029 competent. The state may also seek transfer to superior court if the child is later determined to be mentally competent. (f) The district attorney or a member of his or her staff may seek civil commitment pursuant to Chapters 3 and 4 of Title 37. If, during the disposition hearing or any subsequent review hearing, the court determines that the child meets criteria for commitment and that services are available under the relevant Code provisions for commitment to any agency or agencies for treatment, habilitation, support, or supervision, the court may commit the child to an appropriate agency or agencies for services under applicable law. (g)(h)(1) If the court determines that a child alleged to have committed an act which is a felony if committed by an adult is not mentally competent and the child is adjudicated as a dependent, the court shall retain jurisdiction of the child for up to two years after the date of the order of adjudication. The order may be extended for additional two-year periods as provided in subsection (a) of Code Section 15-11-58.1. (2) If the court determines that a child alleged to have committed an act which is a misdemeanor if committed by an adult or an unruly act is not mentally competent and the child is adjudicated as a dependent, the court shall retain jurisdiction of the child for up to 120 days following the disposition order incorporating the mental competency plan. The order may not be extended by the court. (h)(i) If the court finds that a child is not mentally competent to stand trial, any party may file at any time a motion for a rehearing on the issue of the child's mental incompetency. The court shall grant such motion upon a showing by the moving party that there are reasonable grounds to believe that the child is now mentally competent. If this motion is granted, the court shall proceed as provided in Code Sections 15-11-152, 15-11-153, 15-11-153.1, 15-11-153.2, 15-11-154, and this Code section and shall enter findings of fact as to the child's mental competency. (i)(j) If a child is under a mental competency plan when the child reaches the age of 18, the plan manager shall make a referral to appropriate adult services." PART II SECTION 2. This part shall be known and may be cited as the "Amy's Law." SECTION 3. Said chapter is further amended by striking Code Section 15-11-70, relating to duration and termination of orders of disposition for delinquent or unruly children and extensions of such orders, and inserting in lieu thereof the following: "15-11-70. (a) Except as otherwise provided by law in subsection (b) of this Code section, an order of disposition committing a delinquent or unruly child to the Department of Juvenile Justice continues in force for two years or until the child is sooner discharged 5030 JOURNAL OF THE HOUSE by the Department of Juvenile Justice. The court which made the order may extend its duration for an additional two years subject to like discharge, if: (1) A hearing is held upon motion of the Department of Juvenile Justice prior to the expiration of the order; (2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to the child and the parent, guardian, or other custodian; and (3) The court finds that the extension is necessary for the treatment or rehabilitation of the child. (b) If the court commits a delinquent child to the Department of Juvenile Justice for a delinquent act which if done by an adult would be the crime of murder, then the court's commitment may continue until the child's twenty-first birthday. The court shall determine whether any or all of the child's commitment should include an order for restrictive custody by making specific written findings of fact using the elements set forth in paragraphs (1) through (5) of subsection (c) of Code Section 15-11-63. Any child committed to the Department of Juvenile Justice under the provisions of this subsection shall not be released from confinement or discharged from the custody of the Department of Juvenile Justice unless a motion for early release is granted by the court. The court which made the order of commitment may shorten the duration of its order if: (1) A hearing is held prior to the expiration of the order upon motion of a party or on the court's own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to the parties affected; and (3) The court finds that the discharge is necessary to accomplish the purposes of the original order and for the treatment or rehabilitation of the child. (b)(c) Except as otherwise provided by law, in subsection (b) of this Code section, any other order of disposition in a proceeding involving delinquency or unruliness, except an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if: (1) A hearing is held prior to the expiration of the order upon motion of a party or on the court's own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. (c)(d) The court may terminate an order of disposition of a child adjudicated as delinquent or unruly or an extension of such a disposition order prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished. TUESDAY, MARCH 28, 2006 5031 (d)(e) Unless otherwise provided by law, when a child who has been adjudicated as delinquent or unruly reaches 21 years of age all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control." SECTION 4. Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, is amended by striking subsection (e) of Code Section 49-4A-8, relating to commitment of delinquent or unruly children and their discharge from commitment, and inserting in lieu thereof the following: "(e) Except as provided by subsection (e.1) of this Code section and subsection (b) of Code Section 15-11-70, when a delinquent or unruly child has been committed to the department for detention and a diagnostic study for the purpose of determining the most satisfactory plan for the child's care and treatment has been completed, the department may: (1) Permit the child liberty under supervision and upon such conditions as the department may believe conducive to acceptable behavior; (2) Order the child's confinement under such conditions as the department may believe best designed to serve the child's welfare and as may be in the best interest of the public; (3) Order reconfinement or renewed release as often as conditions indicate to be desirable; (4) Revoke or modify any order of the department affecting the child, except an order of final discharge, as often as conditions indicate to be desirable; or (5) Discharge the child from control of the department pursuant to subsection (a) of Code Section 15-11-70 when it is satisfied that such discharge will best serve the child's welfare and the protection of the public." SECTION 5. 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 1145. 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 Beasley-Teague Y Benfield Y Benton E Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Dukes Y Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Mitchell Morgan Sailor Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Sims, C Y Sims, F E Sinkfield 5032 JOURNAL OF THE HOUSE Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D E Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Cheokas Coan Y Cole Coleman, B Y Coleman, T Y Cooper Y Cox Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Freeman Y Gardner Geisinger Y 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 Henson Y Hill, C Y James Jamieson Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Jordan E 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 Y Lunsford Y Maddox Y Mangham Y Manning E Marin Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Neal Y Oliver Y O'Neal Y Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E 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 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 141, nays 0. The motion prevailed. HB 1490. By Representatives Burns of the 157th, Lane of the 158th and Jenkins of the 8th: A BILL to be entitled an Act to amend Code Section 12-3-10 of the O.C.G.A., relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally, so as to change certain provisions relating to prohibitions against having or using certain boats on state park lakes; to amend Code Section 16-9-70 of the O.C.G.A., relating to criminal use of an article with an altered identification mark, so as to include vessels within the applicability of said Code section; to amend Chapter 7 of Title 52 of the O.C.G.A., relating to the registration, operation, and sale of watercraft, so as to change certain provisions relating to definitions; to change certain provisions relating to requirement as to numbering of vessels; to provide for forfeiture proceedings; to provide penalties for violations; to provide for an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 28, 2006 5033 The following Senate substitute was read: A BILL To amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally, so as to change certain provisions relating to prohibitions against having or using certain boats on state park lakes; to amend Code Section 16-9-70 of the Official Code of Georgia Annotated, relating to criminal use of an article with an altered identification mark, so as to include vessels within the applicability of said Code section; to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to change certain provisions relating to definitions; to change certain provisions relating to exemptions from vessel numbering requirements; to provide for certain requirements and prohibitions relative to hull identification numbers; to provide for seizure of certain vessels for which hull identification numbers are lacking or have been altered; to provide for forfeiture proceedings; to provide penalties for violations; to provide exemptions from hull identification numbering requirements; 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 12-3-10 of the Official Code of Georgia Annotated, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally, is amended by striking subsections (e) through (h) and inserting in lieu thereof the following: "(e) It shall be unlawful for any person to have or use a privately owned boat on any of the following state park lakes: (1) A. H. Stephens Federal Lake and Lake Liberty; or (2) Black Rock Mountain Lake; (3) Vogel-Lake Trahlyta; (4) Franklin D. Roosevelt-Lake Delano; (5)(2) John D. Tanner Lake (the 24 acre lake), provided that this prohibition shall apply only from May 1 through Labor Day of each year; (6) Unicoi Lake; and (7) Willaway Inlet of Fort Yargo Lake (25 acres). (f) It shall be unlawful to use a boat, other than one on official business, with any type of motor on the following state park lakes: (1) Unicoi Lake; (2) Willaway Inlet of Fort Yargo Lake (25 acres); and (3) Fort Mountain Lake Reserved. 5034 JOURNAL OF THE HOUSE (g) It shall be unlawful for any person to have or use a boat, other than one on official business, with other than an paddles or a portable bow or stern mounted electric trolling motor on any of the following state park lakes: (1) Black Rock Mountain Lake; (2) James H. 'Sloppy' Floyd Lake; (3) A. H. Stephens-Lake Buncombe; (4) Franklin D. Roosevelt-Lake Franklin or Lake Delano; (5) John D. Tanner Lake (the 12 acre lake); (5.1) John D. Tanner Lake (the 24 acre lake), provided that this prohibition shall apply only from the day after Labor Day each year through April 30 of the following year; (6) Sweetwater Creek Lake; and (7) Hard Labor Creek Lake (the 37 acre lake).; (8) Fort Mountain Lake; (9) Vogel Lake; or (10) Unicoi Lake. (h) It shall be unlawful for any person to use a boat, other than one on official business, with a motor which is neither an electric trolling motor nor ten horsepower or less on the following state park lakes: (1) Fort Yargo Lake; (2) Hamburg Lake; (3) Hard Labor Creek Lake (the 275 acre lake); (4) High Falls Lake; (5) Indian Springs Lake; (6) Kolomoki Mounds Lake; (7) Stephen C. Foster Lake; (8) Laura S. Walker Lake (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or 7:00 P.M. eastern daylight time, whichever is applicable, and sunset); (9) Little Ocmulgee Lake (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or 7:00 P.M. eastern daylight time, whichever is applicable, and sunset); and (10) Magnolia Springs Lake (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or 7:00 P.M. eastern daylight time, whichever is applicable, and sunset)." SECTION 2. TUESDAY, MARCH 28, 2006 5035 Code Section 16-9-70 of the Official Code of Georgia Annotated, relating to criminal use of an article with an altered identification mark, is amended by striking subsection (a) and inserting in lieu thereof the following: "(a) A person commits the offense of criminal use of an article with an altered identification mark when he or she buys, sells, receives, disposes of, conceals, or has in his or her possession a radio, piano, phonograph, sewing machine, washing machine, typewriter, adding machine, comptometer, bicycle, firearm, safe, vacuum cleaner, dictaphone, watch, watch movement, watch case, or any other mechanical or electrical device, appliance, contrivance, material, vessel as defined in Code Section 52-7-3, or other piece of apparatus or equipment, other than a motor vehicle as defined in Code Section 40-1-1, from which he or she knows the manufacturer's name plate, serial number, or any other distinguishing number or identification mark has been removed for the purpose of concealing or destroying the identity of such article." SECTION 3. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, is amended by striking Code Section 52-7-3, relating to definitions, and inserting in lieu thereof the following: "52-7-3. As used in this article, the term: (1) 'Blind point' means that portion of any of the waters of this state in which there is a natural or man-made obstruction which prevents the operator of a vessel from seeing vessels approaching from the opposite side of the obstruction, thus creating a safety hazard which could result in a boating accident. (2) 'Board' means the Board of Natural Resources. (3) 'Boat livery' means a business which holds any vessel for renting, leasing, or chartering. (4) 'Commissioner' means the commissioner of natural resources. (5) 'Dealer' means any person engaged in the business of manufacturing vessels or selling new or used vessels at an established place of business. (6) 'Department' means the Department of Natural Resources. (7) 'Discharged' means, and shall include, spilled, leaked, pumped, poured, emitted, or dumped. (7.1) 'Hazardous area' means any area which the commissioner has designated as such because of conditions which create a threat to the safety and welfare of boaters who may operate in such area. (8) 'Holding tank' means any container which is designed to receive and hold sewage and other wastes discharged from a marine toilet and which is constructed and installed in such a manner that it can only be emptied by pumping out the contents of such holding tank. (8.1) 'Homemade vessel' means any vessel that is built by an individual for personal use from raw materials that does not require the assignment of a federal hull identification number by a manufacturer pursuant to federal law. A person furnishing 5036 JOURNAL OF THE HOUSE raw materials under a contract may be considered the builder of a homemade vessel. Antique boats, boats reconstructed from existing boat hulls, and rebuilt or reconstructed vessels are not considered homemade vessels. (8.2) 'Hull identification number' or 'HIN' means a number assigned to vessels by the manufacturer of the vessel or by the issuing authority of a state as required by the United States Coast Guard in accordance with federal law. (9) 'Idle speed' means a slow speed maintained by the operator of a mechanically propelled vessel reached by engaging the engine of the vessel into said speed by reducing the throttle to a minimum. (9.1) 'Issuing authority' means, as to this state, the Department of Natural Resources; and, as to other states, the state if it has a numbering system approved by the United States Coast Guard or the United States Coast Guard if the state that does not have an approved numbering system. (10) 'Marine toilet' includes any equipment for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage and any process to treat such sewage. A marine toilet must be equipped with a holding tank which can be emptied only by pumping out. (11) 'Mechanically propelled vessel' means, for the purpose of determining fire extinguisher requirements, those vessels propelled by machinery using a volatile liquid for fuel. (12) 'Nonmotorized vessel' means any vessel other than a sailboat which has no motor attached in a manner to make it readily available for operation. (13) 'No wake' means that the wake or wash created by the movement of the vessel through the water is minimal. (14) 'Operate' means to navigate or otherwise use a vessel which is not at anchor or moored, including vessels which are being paddled, are drifting, or are being powered by machinery. (15) 'Operator' means the person who operates or has charge of the navigation or use of a vessel. (16) 'Owner' means a person, other than a lienholder, having the property in or title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation but the term excludes a lessee under a lease not intended as security. (17) 'Person' means an individual, partnership, firm, corporation, association, or other legal entity. (18) 'Personal flotation device' means any lifesaving device classified and approved as Type I, Type II, Type III, Type IV, or Type V (Hybrid) by the United States Coast Guard. (19) 'Portable marine toilet' means any device which is movable or portable and is not permanently installed on a vessel and which is designed to receive and temporarily retain sewage. TUESDAY, MARCH 28, 2006 5037 (20) 'Power boat' means any boat, vessel, or water-going craft which is propelled by mechanical rather than manual means whether or not such propulsion device forms an integral part of the structure thereof. (21) 'Protected fresh waters' means the waters of Lake Allatoona, Lake Blackshear, Clarks Hill Lake, Hartwell Lake, Lake Sidney Lanier, Lake Oconee, Lake Seminole, Lake Sinclair, Russell Lake, Walter F. George Reservoir, and West Point Lake. (22) 'Reportable boating accident' means an accident, collision, or other casualty involving a vessel subject to this article which results in loss of life, injury sufficient to cause incapacitation for at least 24 hours, or actual physical damage to property, including vessels, in excess of $2,000.00. (22.1) 'Sailboard' means any sailboat whose unsupported mast is connected by a swivel or a flexible universal joint to a hull similar to the hull of a surfboard. (23) 'Sewage' means human body wastes and the waste from toilets and other receptacles intended to receive or retain body wastes. (24) 'Undocumented vessel' means a vessel which is not required to have and does not have a valid marine document issued by the United States Coast Guard or federal agency successor thereto. (25) 'Vessel' means every description of watercraft, other than a seaplane on the water or a sailboard, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts and homemade vessels; provided, however, Code Section 52-7-18, relating to rules of the road for boat traffic, shall be applicable to sailboards. (26) 'Waters of this state' means any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state. This definition shall not include privately owned ponds or lakes not open to the public." SECTION 4. Said article is further amended by striking Code Section 52-7-6, relating to exemptions from vessel numbering requirements, and inserting in lieu thereof the following: "52-7-6. A vessel shall not be required to be numbered under this article Code Sections 52-7-4 and 52-7-5 if it is: (1) Not motor propelled; provided, however, that sailboats 12 feet or more in length shall require registration; (2) Covered by a certificate of number in full force and effect which has been issued to it pursuant to federal law or a federally approved numbering system of another state, provided that such vessel shall not be used on the waters of this state for a period in excess of 60 consecutive days; (3) From a country other than the United States, provided that such vessel shall not be used on the waters of this state for a period in excess of 60 consecutive days; 5038 JOURNAL OF THE HOUSE (4) A vessel whose owner is the United States, a state, or a subdivision thereof, which vessel is used exclusively in the nonrecreation public service and which is clearly identifiable as such; (5) A vessel's lifeboat if the boat is used solely for lifesaving purposes; this exemption does not include dinghies, tenders, speedboats, or other types of craft carried aboard vessels and used for other than lifesaving purposes; (6) A vessel that is used exclusively for racing; (7) A vessel belonging to a class of boats which has been exempted from numbering by the department after the department has found that: (A) The numbering of vessels of such class will not materially aid in their identification; (B) An agency of the federal government has a numbering system applicable to the class of vessel to which the vessel in question belongs; and (C) The vessel would also be exempt from numbering if it were subject to the federal law; (8) Operating temporarily by virtue of evidence that a recent application for a certificate of number has been submitted; or (9) Used exclusively on privately owned ponds or lakes, except for those licensed by the Federal Energy Regulatory Commission." SECTION 5. Said article is further amended by adding new Code sections to read as follows: "52-7-7.1. (a) No person shall operate on the waters of this state a vessel manufactured after November 1, 1972, unless the vessel displays an assigned hull identification number as required by the United States Coast Guard or by the issuing authority, except any of those vessels exempted by Code Section 52-7-7.6. The hull identification number shall be carved, burned, stamped, embossed, or otherwise permanently affixed to the outboard side of the transom or the starboard side within two feet of the transom above the waterline in accordance with federal law or as directed by the issuing authority. (b) No person shall operate on the waters of this state a vessel that was manufactured before November 1, 1972, for which an issuing authority has issued a hull identification number unless the hull identification number is clearly displayed on the hull of the vessel as described in subsection (a) of this Code section. (c) No person shall destroy, remove, alter, cover, or deface the hull identification number, or any plate or decal bearing such number, of any vessel, except to make necessary repairs that require the removal of the HIN. Immediately upon completion of any repairs requiring the destruction, removal, alteration, covering, or defacing of a vessel's HIN, the person shall reaffix the hull identification number to the vessel in accordance with federal law or shall apply for a replacement hull identification number from the department. (d) No person shall assign the same hull identification number to more than one vessel. TUESDAY, MARCH 28, 2006 5039 (e) Any person who willfully violates subsection (c) or (d) of this Code section with intent to misrepresent the identity of a vessel so as to convert or defraud shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $5,000.00, by imprisonment for not less than one nor more than five years, or by both such fine and imprisonment. 52-7-7.2. Each vessel manufactured or built after the effective date of this Code section for sale in this state shall have a hull identification number displayed prior to sale or delivery for sale in accordance with federal law and this article. The hull identification number shall not be altered or replaced by the manufacturer or manufacturer's representative for the purpose of upgrading the model year of a vessel after being offered for sale or delivered to any dealer. 52-7-7.3. (a) If the hull identification number on a vessel required by Code Section 52-7-7.1 or 52-7-7.2 to have a hull identification number does not exist or has been altered, removed, destroyed, covered, or defaced or the real identity of the vessel cannot be determined, the vessel, and any items used while towing said vessel, may be seized as contraband property by a law enforcement agency or the department and shall be subject to forfeiture. Such vessel shall not be sold or operated on the waters of the state unless the department: (1) Receives a request from a law enforcement agency providing adequate documentation for a replacement hull identification number; or (2) Is directed by written order of a court of competent jurisdiction to issue to the vessel a replacement hull identification number. Thereafter, the replacement HIN shall be used for identification purposes. No vessel shall be forfeited if the owner was unaware the vessel's HIN had been altered, removed, destroyed, covered, or defaced. (b) The failure to have the hull identification number clearly displayed in compliance with this article shall be probable cause for any law enforcement officer to make further inspection of the vessel in question to ascertain the true identity thereof. 52-7-7.4. (a) Property subject to forfeiture under Code Section 52-7-7.3 and in the possession of any state or local law enforcement agency shall not be subject to replevin but shall be deemed to be in the custody of the superior court of the county wherein the property is located subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. (b) The law enforcement agency having possession of any property subject to forfeiture under Code Section 52-7-7.3 shall report such fact within ten days of taking possession to the district attorney of the judicial circuit having jurisdiction in the county where the property is located. Within 30 days from the date he or she receives such 5040 JOURNAL OF THE HOUSE notice, the district attorney of the judicial circuit shall file in the superior court of the county in which the property is located an action for condemnation of the property. The proceedings shall be brought in the name of the state, and the action shall be verified by a duly authorized agent of the state in the manner required by law. The action shall describe the property, state its location, state its present custodian, state the name of the owner, if known, state the duly authorized agent of the state, allege the essential elements which are claimed to exist, and shall conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the property described in the action, commanding him or her to seize the property described in the action and to hold that property for further order of the court. A copy of the action shall be served on the owner, if known. If the owner is known, a copy of the action shall also be served upon any person having a duly recorded security interest in or lien upon that property. If the owner is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself to avoid service. At the expiration of 30 days after such filing, if no claimant has appeared to defend the action, the court shall order the disposition of the seized property as provided for in this Code section. If the owner of the vessel appears and defends the action and can show that he or she was unaware of the fact that the hull identification number had been removed, altered, defaced, falsified, or destroyed, the court shall order the property returned to the owner upon the owner's paying proper expenses relating to proceedings for forfeiture, including the expenses of the maintenance of custody, advertising, and court costs and upon the vessel being assigned a new hull identification number as provided in this article. (c) Except as otherwise provided in this article, when property is forfeited under this article, the court may: (1) Order that the vessel be retained by the law enforcement agency or the county in which the vessel is located; or (2) Order that the vessel be disposed of by sale, the proceeds of which shall be used to pay the proper expenses relating to the proceedings for forfeiture, including the expenses of maintenance of custody, advertising, and court costs, with the remaining funds to be paid into the general fund of the county. (d) Prior to the vessel being sold or returned to the owner or otherwise disposed of, the department shall assign it a new hull identification number in accordance with federal law. TUESDAY, MARCH 28, 2006 5041 52-7-7.5. (a) It shall be unlawful for any person to knowingly possess, manufacture, sell or exchange, offer to sell or exchange, aid in the sale or exchange, supply in blank, authorize, direct, or give away any counterfeit HIN, any counterfeit manufacturer's vessel HIN plate or decal, or any manufacturer's vessel HIN plate decal which is assigned to a vessel to be used for the purpose of identification of a vessel other than the one to which it is assigned; or to conspire to do any of the foregoing. However, nothing in this subsection shall be applicable to any approved hull identification number plate or decal issued as a replacement by the manufacturer or an issuing authority. (b) It shall be unlawful for any person to knowingly buy, sell, offer for sale, receive, dispose of, conceal, or have in his or her possession any vessel, outboard motor, or part thereof on which the HIN or any manufacturer's identification label of any kind has been altered, removed, destroyed, covered, or defaced or to knowingly maintain such vessel, outboard motor, or part thereof in any manner which conceals or misrepresents the true identity of the vessel, the outboard motor, or any part thereof. (c) Any person who violates subsection (a) or (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $5,000.00, by imprisonment for not less than one nor more than five years, or by both such fine and imprisonment. 52-7-7.6. A vessel shall not be required to have a hull identification number under Code Section 52-7-7.1 or 52-7-7.2 if it is: (1) An innertube; or (2) A vessel used exclusively for racing." SECTION 6. Said chapter is further amended in Code Section 52-7-13, relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions, by redesignating subsection (h) as subsection (i) and by adding a new subsection (h) to read as follows: "(h) The operation of any of the following vessels on Lake Burton, Seed Lake, Lake Rabun, Lake Tugalo, Tallulah Falls Lake, and Lake Yonah shall be prohibited: (1) Any motorized vessel greater than 30 feet six inches in length; except for law enforcement, scientific research or dam operation and maintenance craft; or (2) Any vessel equipped with any type of bypass mechanism that reduces or eliminates the effectiveness of the muffler or baffler system required by Code Section 527-10." SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 5042 JOURNAL OF THE HOUSE SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Representative Burns of the 157th moved that the House agree to the Senate substitute to HB 1490. 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 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 E 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 E 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 Everson 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 E 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, E 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 E Keen Y Keown Y Kidd Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Manning E Marin Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar 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 Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V Y Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M 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 motion, the ayes were 150, nays 0. The motion prevailed. The following Bills of the Senate were taken up for the purpose of considering the Senate's disagreeing to the House substitutes thereto: TUESDAY, MARCH 28, 2006 5043 SB 288. By Senators Rogers of the 21st, Hamrick of the 30th and Hill of the 32nd: A BILL to be entitled an Act to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to enact the "Grade Integrity Act of 2005"; to provide that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner to change the grade of a student; to provide for an ethical violation reportable to the Professional Standards Commission; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Maxwell of the 17th moved that the House insist on its position in substituting SB 288. The motion prevailed. SB 500. By Senators Stephens of the 27th, Wiles of the 37th, Staton of the 18th and Hill of the 32nd: A BILL to be entitled an Act to provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to require all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on electronic recording voting systems; to provide for a pilot program during the 2006 November general election and any runoff therefrom in certain counties; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Representative Mills of the 25th moved that the House insist on its position in substituting SB 500. The motion prevailed. The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto: HB 1436. By Representatives Smith of the 113th, Ehrhart of the 36th, Chambers of the 81st, Drenner of the 86th, Burkhalter of the 50th and others: 5044 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 3 of the O.C.G.A., relating to general provisions relative to wine, so as to authorize restaurant patrons to remove for off-premises consumption a resealed partially consumed bottle of wine that was purchased with a full-course meal; to provide for a definition of the term full-course meal; to amend Article 11 of Chapter 6 of Title 40 of the O.C.G.A., relating to miscellaneous provisions of the uniform rules of the road, so as to provide that a resealed partially consumed bottle of wine that was purchased with a full-course meal is not an open alcoholic beverage container for purposes of the prohibition against possessing an open container of alcohol in the passenger area of a motor vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Article 1 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions relative to wine, so as to authorize restaurant patrons to remove for off-premises consumption a resealed partially consumed bottle of wine that was purchased with a food item; to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, so as to provide that a resealed partially consumed bottle of wine that was purchased with a food item is not an open alcoholic beverage container for purposes of the prohibition against possessing an open container of alcohol in the passenger area of a motor vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions relative to wine, is amended by inserting at the end thereof a new Code Section 3-6-4 to read as follows: "3-6-4. Notwithstanding any other contrary provision of law, any establishment which is licensed to sell alcoholic beverages for consumption on the premises may permit a patron to remove one unsealed bottle of wine per patron for consumption off premises, if the patron has purchased a meal and consumed a portion of the bottle of wine on the premises with such food item on the establishment's premises. A partially consumed bottle of wine that is to be removed from the premises must be securely resealed by the licensee or its employees before removal from the premises. The partially consumed bottle of wine shall be placed in a bag or other container that is secured in such a TUESDAY, MARCH 28, 2006 5045 manner that it is visibly apparent if the container has been subsequently opened or tampered with, and a dated receipt for the bottle of wine and food item shall be provided by the licensee and attached to the container. If transported in a motor vehicle, the container with the resealed bottle of wine shall be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk or any other compartment of the vehicle which is secured by a latch and completely closed." SECTION 2. Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, is amended by striking paragraph (2) of subsection (a) of Code Section 40-6-253, relating to consumption of alcoholic beverages or possession of open container of alcoholic beverage in passenger area, and inserting in its place a new paragraph (2) to read as follows: "(2) 'Open alcoholic beverage container' means any bottle, can, or other receptacle that: (A) Contains any amount of alcoholic beverage; and (B)(i) Is open or has a broken seal; or (ii) The contents of which are partially removed. A bottle of wine that has been resealed pursuant to Code Section 3-6-4 shall not constitute an open alcoholic beverage container for purposes of this Code section." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Smith of the 113th moved that the House agree to the Senate substitute to HB 1436. 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 N Bearden Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce E Crawford Y Cummings N Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart N England Y Epps N Everson Y Fleming N Floyd, H Y Floyd, J Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings N Johnson Y Jones, J Y Jones, S Y Martin Y Maxwell Y May N McCall McClinton N Meadows Millar Y Mills Mitchell Morgan Morris Mosby N Mosley Y Mumford Y Murphy, J Y Murphy, Q N Neal Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V Y Smyre 5046 JOURNAL OF THE HOUSE Y Bryant Y Buckner, D E Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Byrd Y Carter N Casas Y Chambers Y Channell Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper N Cox Fludd N Forster Y Franklin Freeman Y Gardner Y Geisinger N Golick Y Graves, D N Graves, T Y Greene Y Hanner E Harbin Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Jordan E Keen N Keown Y Kidd Y Knight Y Knox N Lakly Y Lane, B Y Lane, R N Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Manning E Marin N 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 Reese Y Rice N Roberts Y Rogers Y Royal N Rynders Stanley-Turner Y Stephens Stephenson Y Talton N Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin N Walker N Warren Watson N Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 119, nays 28. The motion prevailed. HB 1424. By Representatives Smith of the 168th, Williams of the 165th, Hatfield of the 177th, Sims of the 169th, Roberts of the 154th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife generally, so as to change certain provisions relating to hunting with dogs generally; to change certain provisions relating to killing of dogs running deer; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relating to hunting, so as to change certain provisions relating to hunting of deer with dogs, seasons, and permits required; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. TUESDAY, MARCH 28, 2006 5047 Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relating to hunting, is amended by striking in its entirety Code Section 27-3-17, relating to the hunting of deer with dogs, seasons, and permits required, and inserting in lieu thereof the following: "27-3-17. (a) It shall be unlawful to hunt deer with dogs except during such special open seasons for the hunting of deer with dogs as may be designated by the board on a state-wide, regional, or local basis. (b) In accordance with subsection (a) of this Code section, the board is authorized to promulgate rules and regulations establishing an open season for the hunting of deer with dogs as may be appropriate based on sound wildlife management principles. (c) It shall be unlawful for any person to hunt deer with dogs on any tract of real property unless a permit for hunting deer with dogs has been issued by the department for such tract to the owner or owners of such tract or the lessee of deer hunting rights for such tract. A permit for hunting deer with dogs shall not be issued to 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. (d) The owner of any dog that is used for hunting deer must cause such dog to be identified at all times during the hunt with the permit number for the tract being hunted. (e) Any person operating a motor vehicle used in conducting a deer hunt with dogs shall during such hunt clearly display in the lower corner of the driver's side of the front or rear windshield of such motor vehicle a decal or card showing the tract permit number in numerals not less than two inches high. (f) The department shall thoroughly investigate for validity any complaints from adjacent property owners regarding hunting deer with dogs in violation of this title or rules and regulations issued pursuant to this title. The commissioner may take action against a permit as provided by Code Section 27-2-25 for violations of the provisions of this title or rules and regulations issued pursuant to this title occurring on the tract of real property for which the permit was issued. (g) Any person 16 years of age or older, including without limitation any person hunting on his or her own property, who hunts deer with dogs must obtain and possess a deer-dog hunting license in addition to all other required hunting licenses and permits. The license fee for such deer-dog license shall be $5.00 for a one-year period, except that there shall be no charge for any holder of a valid honorary hunting license, sportsman's license, or lifetime sportsman's license issued pursuant to this title. 5048 JOURNAL OF THE HOUSE (h) In addition to the provisions of subsection (f) of this Code section, the commissioner may revoke a deer-dog license for any hunter who, within a single hunting season, commits two or more violations of dogs off of permitted property." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Representative Smith of the 168th moved that the House agree to the Senate substitute to HB 1424. 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 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 E 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 E 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 Everson 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 E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James N 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 E Marin Martin Y Maxwell E May Y McCall McClinton N Meadows Y Millar Y Mills Mitchell Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q N Neal N Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter N Powell N 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 Setzler Y Shaw Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E 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 N Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 148, nays 8. TUESDAY, MARCH 28, 2006 5049 The motion prevailed. HB 1412. By Representatives Smith of the 168th, Mosley of the 178th, Stephens of the 164th, Royal of the 171st and Bridges of the 10th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, 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 require the use of clean and renewable fuels in certain vehicles operated by certain government entities under certain circumstances; to provide for legislative findings and declarations; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to require the use of biodiesel fuels in certain vehicles operated by local school districts; to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to require the use of biodiesel fuels in certain vehicles operated by local governments; to amend Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state government, so as to require the use of biodiesel fuels in certain vehicles operated by state government; to provide legislative findings and declarations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly finds and declares as follows: (1) Georgia currently consumes nearly 6.5 billion gallons of gasoline and diesel fuel annually; (2) Gasoline and diesel production depends primarily on imported petroleum; (3) Using clean alternative fuels instead of fossil fuels can provide for a cleaner environment by reducing air and water contamination; (4) Specifically, use of clean renewable fuels such as biodiesel and ethanol can provide additional benefits for this state; (5) This state has the potential to create a biofuels industry that would serve as a model for the southern United States and attract additional industries; 5050 JOURNAL OF THE HOUSE (6) Biofuels industry could add over $1 billion of economic activity to this state and increase the state's income tax collection by over $10 million annually; (7) Nearly 500 direct and over 1,000 indirect jobs could be created by biofuels industry in this state; and (8) Creating a biofuels industry can add additional value to Georgia's agricultural and forestry commodities, including biomass, and support land values in rural areas of this state. SECTION 2. Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, is amended by inserting a new Code section to read as follows: 20-2-504.1. (a) As used in this Code section, the term: (1) 'Biodiesel blend' means a blend of petroleum diesel fuel and biodiesel fuel. (2) 'Biodiesel fuel' means a fuel that meets the specifications of American Society for Testing and Materials Standard D 6751. (b) On and after January 1, 2008, at least 2 percent of the total volume of fuel purchased annually by each local school district for use in diesel engine motor vehicles it operates shall be biodiesel fuel, to the extent that biodiesel blend is available and compatible with the technology of the vehicles or equipment used and the cost to the local school district of available biodiesel blend at time of purchase does not exceed the cost to the local school district of unblended petroleum diesel fuel at such time. This subsection shall apply to local school districts that receive state funds. SECTION 3. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding a new Code section to read as follows: 36-60-24. (a) As used in this Code section, the term: (1) 'Biodiesel blend' means a blend of petroleum diesel fuel and biodiesel fuel. (2) 'Biodiesel fuel' means a fuel that meets the specifications of American Society for Testing and Materials Standard D 6751. (b) On and after January 1, 2008, at least 2 percent of the total volume of fuel purchased annually by each county, municipality, or consolidated government or authority thereof for use in diesel engine motor vehicles it operates shall be biodiesel fuel, to the extent that biodiesel blend is available and compatible with the technology of the vehicles or equipment used and the cost to the local government of available biodiesel blend at time of purchase does not exceed the cost to the local government of unblended petroleum diesel fuel at such time. TUESDAY, MARCH 28, 2006 5051 SECTION 4. Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state government, is amended by inserting a new Code section to read as follows: 50-19-6.1. (a) As used in this Code section, the term: (1) 'Biodiesel blend' means a blend of petroleum diesel fuel and biodiesel fuel. (2) 'Biodiesel fuel' means a fuel that meets the specifications of American Society for Testing and Materials Standard D 6751. (b) On and after January 1, 2008, at least 2 percent of the total volume of fuel purchased annually by each department, commission, board, bureau, authority, or agency of the state for use in diesel engine motor vehicles it operates shall be biodiesel fuel, to the extent that biodiesel blend is available and compatible with the technology of the vehicles or equipment used and the cost to the state government entity of available biodiesel blend at time of purchase does not exceed the cost to the state government entity of unblended petroleum diesel fuel at such time. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Representative Smith of the 168th moved that the House disagree to the Senate substitute to HB 1412. The motion prevailed. HB 1178. By Representatives Hill of the 180th, Channell of the 116th, Cooper of the 41st, Brown of the 69th, Jenkins of the 8th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons; to provide for a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the establishment of a program through 5052 JOURNAL OF THE HOUSE which unused prescription drugs may be distributed for use by medically indigent persons; to provide for a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide for certain coverage for pharmacy restocking fees; to amend Code Section 16-12-142 of the Official Code of Georgia Annotated, relating to requiring medical facilities or physicians to perform abortions and requiring others to assist, so as to provide that a pharmacist who states in writing an objection to any abortion shall not be required to fill a prescription for a drug if the purpose of the drug is to terminate a pregnancy; to provide that such refusal shall not be the basis for any claim for damages; to provide for the duration of the effectiveness of the written objection; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by adding a new Article 11 to read as follows: "ARTICLE 11 26-4-190. This article shall be known and may be cited as the 'Utilization of Unused Prescription Drugs Act.' 26-4-191. As used in this article, the term: (1) 'Controlled substance' means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I through V of 21 C.F.R. Part 1308. (2) 'Health care facility' means an institution which is licensed as a nursing home, intermediate care home, personal care home, home health agency, or hospice pursuant to Chapter 7 of Title 31. (3) 'Medically indigent person' means: (A) A person who is Medicaid eligible under the laws of this state; or (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. TUESDAY, MARCH 28, 2006 5053 26-4-192. (a) The Georgia State Board of Pharmacy, the Department of Human Resources, and the Department of Community Health shall jointly develop and implement a state-wide program consistent with public health and safety standards through which unused prescription drugs, other than prescription drugs defined as controlled substances, may be transferred from health care facilities to pharmacies designated or approved by the Department of Human Resources for the purpose of distributing such drugs to residents of this state who are medically indigent persons. (b) The Georgia State Board of Pharmacy, the Department of Human Resources, and the Department of Community Health shall be authorized to develop and implement a pilot program to determine the safest and most beneficial manner of implementing the program prior to the state-wide implementation of the program required in subsection (a) of this Code section. (c) The Georgia State Board of Pharmacy, in consultation with the Department of Human Resources and the Department of Community Health, shall develop and promulgate rules and regulations to establish procedures necessary to implement the program and pilot program, if applicable, provided for in this Code section. The rules and regulations shall provide, at a minimum: (1) For an inclusionary formulary for the prescription drugs to be distributed pursuant to the program; (2) For the protection of the privacy of the individual for whom a prescription drug was originally prescribed; (3) For the integrity and safe storage and safe transfer of the prescription drugs, which may include, but shall not be limited to, limiting the drugs made available through the program to those that were originally dispensed by unit dose or an individually sealed dose and that remain in intact packaging; provided, however, that the rules and regulations shall authorize the use of any remaining prescription drugs; (4) For the tracking of and accountability for the prescription drugs; and (5) For other matters necessary for the implementation of the program. (d) The state-wide program required by this Code section shall be implemented no later than January 1, 2007, unless a pilot program is implemented pursuant to subsection (b) of this Code section, in which case state-wide implementation shall occur no later than July 1, 2008. 26-4-193. In accordance with the rules and regulations promulgated pursuant to Code Section 264-192, the resident of a health care facility, or the representative or guardian of a resident, may donate unused prescription drugs, other than prescription drugs defined as controlled substances, for dispensation to medically indigent persons. 26-4-194. (a) Physicians, pharmacists, other health care professionals when acting within the scope of practice of their respective licenses, and health care facilities shall not be 5054 JOURNAL OF THE HOUSE subject to liability for transferring or receiving unused prescription drugs pursuant to this article and in good faith compliance with the rules and regulations promulgated pursuant to Code Section 26-4-192. (b) Pharmacists and pharmacies shall not be subject to liability for dispensing unused prescription drugs pursuant to this article when such services are provided without reimbursement and when performed within the scope of their practice and in good faith compliance with the rules and regulations promulgated pursuant to Code Section 26-4192. For purposes of this subsection, a restocking fee paid to a pharmacy pursuant to Code Section 49-4-152.5 shall not be considered reimbursement. (c) Nothing in this Code section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of prescription drugs or its employees or agents under any legal claim, including but not limited to product liability claims. Drug manufacturers shall not be subject to liability for any acts or omissions of any physician, pharmacist, other health care professional, health care facility, or pharmacy providing services pursuant to this article. Nor shall any drug manufacturer be liable for any claim or injury caused by a transfer of unused prescription drugs pursuant to this article and arising out of the failure to transfer or communicate product or consumer information or the expiration date regarding the transferred drug. 26-4-195. This article shall be construed in concert with Code Section 49-4-152.3." SECTION 2. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended by adding a new Code section to read as follows: "49-4-152.5. In the provision of medical assistance pursuant to this article, the department shall allow for the payment and coverage of appropriate restocking fees incurred by a pharmacy which receives and dispenses prescription drugs pursuant to the 'Utilization of Unused Prescription Drugs Act' in Article 11 of Chapter 4 of Title 26." SECTION 2A. Code Section 16-12-142 of the Official Code of Georgia Annotated, relating to requiring medical facilities or physicians to perform abortions and requiring others to assist, is amended by striking such Code section and inserting in its place the following: "16-12-142. (a) Nothing in this article shall require a hospital or other medical facility or physician to admit any patient under the provisions of this article for the purpose of performing an abortion. In addition, any person who states in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to participate in procedures which will result in such abortion; and the refusal of the person to participate therein shall not form the basis of any claim for damages on account of such TUESDAY, MARCH 28, 2006 5055 refusal or for any disciplinary or recriminatory action against the person. The written objection shall remain in effect until the person revokes it or terminates his association with the facility with which it is filed. (b) Any pharmacist who states in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to fill a prescription for a drug which purpose is to terminate a pregnancy; and the refusal of the person to fill such prescription shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against the person; provided, however, that the pharmacist shall make all reasonable efforts to locate another pharmacist who is willing to fill such prescription or shall immediately return the prescription to the prescription holder. The written objection shall remain in effect until the person revokes it or terminates his or her association with the facility with which it is filed." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Hill of the 180th and Channell of the 116th move to amend the Senate substitute to HB 1178 by striking lines 8 through 14 of page 1 and inserting in its place the following: provide for certain coverage for pharmacy restocking fees; to provide for related matters; to repeal conflicting By striking line 15 of page 4 through line 4 of page 5. Representative Hill of the 180th moved that the House agree to the Senate substitute, as amended by the House, to HB 1178. The motion was lost. The House has disagreed. HB 1211. By Representatives Reese of the 98th, Lane of the 158th, Ralston of the 7th, Holt of the 112th, Crawford of the 127th 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 the Southern Appalachian brook trout as the official state cold water game fish; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. 5056 JOURNAL OF THE HOUSE The following Senate amendment was read: The Senate moves to amend HB 1211 by inserting "to designate the red drum as the official state salt-water fish;" after "official state cold water game fish;" on line 3 of page 1. By redesignating Section 3 as Section 5 and inserting after Section 2 the following: SECTION 3. The General Assembly finds and declares that establishing an official state salt-water fish is necessary to fully recognize the importance of our coastal fisheries to our state, and the red drum is deserving of the attention and appreciation of the citizens of this state by designation as the official state salt-water fish. SECTION 4. Said Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, is further amended by adding a new Code section to read as follows: 50-3-83. The red drum is designated as the official Georgia salt-water fish. Representative Reese of the 98th moved that the House agree to the Senate amendment to HB 1211. The motion was lost. The House has disagreed. HB 239. By Representatives Fleming of the 117th, Keen of the 179th, Burkhalter of the 50th, Parrish of the 156th, Cooper of the 41st and others: A BILL to be entitled an Act to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for the manner of making certain settlement offers in certain civil actions; to provide that a party rejecting a settlement offer may be liable for litigation costs where a judgment is significantly less favorable to the rejecting party than was the settlement offer; to provide for practice and procedure; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL TUESDAY, MARCH 28, 2006 5057 To amend Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings in civil cases, so as to change provisions relating to offers to settle tort claims; to change provisions relating to when a party declining an offer may be liable for attorney's fees and costs; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings in civil cases, is amended by striking Code Section 9-11-68, relating to offers to settle tort claims, and inserting in its place a new Code section to read as follows: "9-11-68. (a) At any time more than 30 days after the service of a summons and complaint on a party but not less than 30 days (or 20 days if it is a counteroffer) before trial, either party may serve upon the other party, but shall not file with the court, a written offer, denominated as an offer under this Code section, to settle a tort claim for the money specified in the offer and to enter into an agreement dismissing the claim or to allow judgment to be entered accordingly. Any offer under this Code section must: (1) Be in writing and state that it is being made pursuant to this Code section; (2) Identify the party or parties making the proposal and the party or parties to whom the proposal is being made; (3) Identify generally the claim or claims the proposal is attempting to resolve; (4) State with particularity any relevant conditions; (5) State the total amount of the proposal; (6) State with particularity the amount proposed to settle a claim for punitive damages, if any; (7) State whether the proposal includes attorney's fees or other expenses and whether attorney's fees or other expenses are part of the legal claim; and (8) Include a certificate of service and be served by certified mail or statutory overnight delivery in the form required by Code Section 9-11-5. (b) When the complaint sets forth a tort claim for money, if the offeree rejects or does not accept the offer and the judgment finally obtained by the offeree was not at least 25 percent more favorable than the last offer, the offeree shall pay the offeror's reasonable attorney's fees and costs incurred after the rejection of the last offer. (b)(1) If a defendant makes an offer of settlement which is rejected by the plaintiff, the defendant shall be entitled to recover reasonable attorney's fees and expenses of litigation incurred by the defendant or on the defendant's behalf from the date of the rejection of the offer of settlement through the entry of judgment if the final judgment is one of no liability or the final judgment obtained by the plaintiff is less than 75 percent of such offer of settlement. 5058 JOURNAL OF THE HOUSE (2) If a plaintiff makes an offer of settlement which is rejected by the defendant and the plaintiff recovers a final judgment in an amount greater than 125 percent of such offer of settlement, the plaintiff shall be entitled to recover reasonable attorney's fees and expenses of litigation incurred by the plaintiff or on the plaintiff's behalf from the date of the rejection of the offer of settlement through the entry of judgment. (c) Any offer made under this Code section shall remain open for 30 days unless sooner withdrawn by a writing served on the offeree prior to acceptance by the offeree, but an offeror shall not be entitled to attorney's fees and costs under subsection (b) of this Code section to the extent an offer is not open for at least 30 days (unless it is rejected during that 30 day period). A counteroffer shall be deemed a rejection but may serve as an offer under this Code section if it is specifically denominated as an offer under this Code section. Acceptance or rejection of the offer by the offeree must be in writing and served upon the offeror. An offer that is neither withdrawn nor accepted within 30 days shall be deemed rejected. The fact that an offer is made but not accepted does not preclude a subsequent offer. Evidence of an offer is not admissible except in proceedings to enforce a settlement or to determine reasonable attorney's fees and costs under this Code section. (d) Upon motion made within 30 days of the entry of the judgment or after voluntary or involuntary dismissal, the court shall determine the following: (1) If the offer of judgment was 25 percent more favorable than the monetary award, the court shall award reasonable attorney's fees and costs and the court shall set off such reasonable attorney's fees and costs against any award; and (d)(1) The court shall order the payment of attorney's fees and expenses of litigation upon receipt of proof that the judgment is one to which the provisions of either paragraph (1) or paragraph (2) of subsection (b) of this Code section apply; provided, however, that if an appeal is taken from such judgment, the court shall order payment of such attorney's fees and expenses of litigation only upon remittitur affirming such judgment. (2) If a party is entitled to costs and fees pursuant to the provisions of this Code section, the court may determine that an offer was not made in good faith in an order setting forth the basis for such a determination. In such case, the court may disallow an award of attorney's fees and costs. (e) Upon motion by the prevailing party at the time that the verdict or judgment is rendered, the moving party may request that the finder of fact determine whether the opposing party presented a frivolous claim or defense. In such event, the court shall hold a separate bifurcated hearing at which the finder of fact shall make a determination of whether such frivolous claims or defenses were asserted and to award damages, if any, against the party presenting such frivolous claims or defenses. Under this subsection: (1) Frivolous claims shall include, but are not limited to, the following: (A) A claim, defense, or other position that lacks substantial justification or that is not made in good faith or that is made with malice or a wrongful purpose, as those terms are defined in Code Section 51-7-80; TUESDAY, MARCH 28, 2006 5059 (B) A claim, defense, or other position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim, defense, or other position; and (C) A claim, defense, or other position that was interposed for delay or harassment; (2) Damages awarded may include reasonable and necessary attorney's fees and expenses of litigation; and (3) A party may elect to pursue either the procedure specified in this subsection or the procedure specified in Code Section 9-15-14, but not both." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to actions filed on or after the effective date of this Act and to all pending actions the trial dates for which are more than 60 days after the effective date of this Act. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Fleming of the 117th moved that the House disagree to the Senate substitute to HB 239. The motion prevailed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the House: HB 57. By Representatives Ralston of the 7th and Powell of the 29th: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to protect physicians and medical professionals involved in state ordered executions from challenges to their licensure solely on the basis of their participation in such executions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 5060 JOURNAL OF THE HOUSE HB 1514. By Representatives Mitchell of the 88th, Watson of the 91st, Stephenson of the 92nd, Mangham of the 94th, Sailor of the 93rd and others: A BILL to be entitled an Act to provide for the filling of vacancies in the office of sheriff of DeKalb County; to provide that the chief deputy shall discharge the duties of sheriff until such office is filled; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1573. By Representative Mills of the 25th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. Laws 1979, p. 3404), as amended, so as to establish the corporate limits of the City of Flowery Branch; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1575. By Representatives Mills of the 25th, Rogers of the 26th, Reece of the 27th and Benton of the 31st: A BILL to be entitled an Act to provide for the continuation of an alternative 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 among the Hall County School District, City of Gainesville Independent School District, and City of Buford Independent School District; to provide for applicability; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. HB 1631. By Representatives Scheid of the 22nd and Byrd of the 20th: A BILL to be entitled an Act to create the Woodstock Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the City of Woodstock, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors 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 1632. By Representatives Coleman of the 144th and Roberts of the 154th: TUESDAY, MARCH 28, 2006 5061 A BILL to be entitled an Act to create the Historic Milan Railroad Depot Museum Authority; to provide a short title; to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the collection of the revenues, tolls, fees, charges, earnings, and contract payments of the authority; to fix and provide for the venue and jurisdiction of actions relating to any provisions of this Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1647. By Representative Smith of the 113th: A BILL to be entitled an Act to provide a homestead exemption from Oconee County ad valorem taxes for the full value of the homestead for residents of that county who are 65 years of age or over and whose gross household income exceeds $40,000.00; 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. HB 1648. By Representative Smith of the 113th: A BILL to be entitled an Act to provide a homestead exemption from Oconee County ad valorem taxes for the full value of the homestead for residents of that county who are 65 years of age or over and whose gross household income does not exceed $40,000.00; 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. HB 1650. By Representative Hatfield of the 177th: A BILL to be entitled an Act to create a board of elections and registration for Ware 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 board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission under 5062 JOURNAL OF THE HOUSE Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1651. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act creating the Satilla Regional Water and Sewer Authority, previously known as the Ware County Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3689), so as to provide for the composition and selection of the members of the authority; to provide for the appointment, term, and evaluation of an executive director; to provide for certain duties of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1652. By Representatives Jones of the 46th, Martin of the 47th, Geisinger of the 48th, Willard of the 49th, Burkhalter of the 50th and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3633), so as to provide for annexation of certain property; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1662. By Representatives Burns of the 157th and Carter of the 159th: A BILL to be entitled an Act to provide for an advisory referendum regarding whether Effingham County should adopt a chairperson of the board of commissioners who is elected by the entire county; to provide for an advisory referendum regarding whether Effingham County should establish a board of elections; to provide for ballot questions; 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 1109. By Representative Jamieson of the 28th: A RESOLUTION honoring the life and lifetime achievements of the late Governor Samuel Ernest Vandiver, Jr., and dedicating the Samuel Ernest Vandiver, Jr., Interchange; and for other purposes. HR 1169. By Representatives Bearden of the 68th, Brooks of the 63rd, Hembree of the 67th and Bruce of the 64th: TUESDAY, MARCH 28, 2006 5063 A RESOLUTION dedicating the "Colonel R. H. Burson Bridge"; and for other purposes. HR 1258. By Representatives Amerson of the 9th, Williams of the 4th, Reece of the 27th, Ralston of the 7th and Hembree of the 67th: A RESOLUTION establishing the Appalachian Studies Center at North Georgia College and State University in Dahlonega as Georgia's official Appalachian Studies Center; and for other purposes. HR 1302. By Representatives Jacobs of the 80th and Millar of the 79th: A RESOLUTION honoring the life and accomplishments of Stephen J. Schmidt, Sr., and dedicating the Stephen J. Schmidt, Sr., Memorial Highway; and for other purposes. HR 1661. By Representative Hatfield of the 177th: A RESOLUTION celebrating the life of Noah Hershel Stokes and dedicating the Hershel Stokes Memorial Overpass; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: HR 410. By Representatives Dickson of the 6th, Maxwell of the 17th, Casas of the 103rd, Millar of the 79th, Reece of the 11th and others: A RESOLUTION creating the Joint Study Committee on Reporting Requirements for Local School Systems; and for other purposes. The following Committee substitute was read and withdrawn: A RESOLUTION Creating the Joint Study Committee on Reporting Requirements for Local School Systems; and for other purposes. WHEREAS, the General Assembly is concerned with the increasing number of reports and data that are required to be submitted by local school systems; and WHEREAS, both the Georgia Department of Education and the Georgia General Assembly require local school systems to submit periodic and annual reports and data in various areas; and 5064 JOURNAL OF THE HOUSE WHEREAS, it has been stated that time and resources that local school systems, educators, and administrators have to expend on gathering data and submitting reports is time that is taken away from the day to day operations of a local school system; and WHEREAS, the General Assembly believes that it is in the best interests of the public education system of Georgia to review the reporting requirements of local school systems and to determine whether such reports are necessary to the goals of public education or whether such reports are obsolete and unnecessary. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Reporting Requirements for Local School Systems to be composed of eight members. Three members of the Senate shall be appointed by the President of the Senate and three members of the House of Representatives shall be appointed by the Speaker of the House of Representatives to be members of the committee. The Governor shall appoint a local school superintendent to the committee and the State Superintendent of Schools or her designee shall serve as a member. 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 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 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 Senate and House of Representatives. No allowance shall be paid for other members of 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, 2006. The committee shall stand abolished on December 31, 2006. The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Creating the House Study Committee on Reporting Requirements for Local School Systems; and for other purposes. WHEREAS, the General Assembly is concerned with the increasing number of reports and data that are required to be submitted by local school systems; and TUESDAY, MARCH 28, 2006 5065 WHEREAS, both the Georgia Department of Education and the Georgia General Assembly require local school systems to submit periodic and annual reports and data in various areas; and WHEREAS, it has been stated that time and resources that local school systems, educators, and administrators have to expend on gathering data and submitting reports is time that is taken away from the day to day operations of a local school system; and WHEREAS, the General Assembly believes that it is in the best interests of the public education system of Georgia to review the reporting requirements of local school systems and to determine whether such reports are necessary to the goals of public education or whether such reports are obsolete and unnecessary. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Reporting Requirements for Local School Systems to be composed of five members. Five members of the House of Representatives shall be appointed by the Speaker 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 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. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. No allowance shall be paid for other members of 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, 2006. The committee 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, by substitute. HR 1048. By Representatives Millar of the 79th, Coleman of the 97th, Jones of the 46th, Williams of the 4th and Holmes of the 61st: A RESOLUTION creating the House Study Committee on Market-Demand Skills Education in High Schools; and for other purposes. 5066 JOURNAL OF THE HOUSE The following Committee substitute was read and withdrawn: A RESOLUTION Creating the House Study Committee on Market-Demand Skills Education in High Schools; and for other purposes. WHEREAS, based on statistics of the Georgia Department of Labor, minority youth unemployment (ages 16-19) in this state is 41.9 percent and Caucasian youth unemployment in this state is 21.7 percent; and WHEREAS, the international youth unemployment rate in the world's industrialized countries is 13.7 percent; and WHEREAS, according to the U.S. Department of Labor, the City of Atlanta is among the ten cities in the country with the highest youth unemployment; and WHEREAS, there has been found to be a direct correlation between high youth unemployment and high youth crime; and WHEREAS, an increase in the amount of skilled workers in this state can also impact and improve this state's economic development; and WHEREAS, to encourage youth to complete high school and to obtain meaningful skills that can enable them to obtain worthwhile jobs, a growing number of states have passed legislation to implement programs to teach market-demand skills in high schools for students opting not to go to college; and WHEREAS, market-demand skills vary from community to community, but can include areas such as automotive technology (motor and body repair), computer technology, construction trades (carpentry, electric, heating and air conditioning, masonry, plumbing, roofing), health care technology (CT scan, MRI), and hospitality (culinary arts, hotel management); and WHEREAS, a study of the issues surrounding the feasibility and usefulness of implementing a market-demand skills program in grades 10 through 12 in the public high schools in this state to address youth unemployment and to improve this state's economic development would be beneficial to determine whether legislative action should be recommended. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Market-Demand Skills Education in High Schools to be composed of five members. The Speaker of the House of TUESDAY, MARCH 28, 2006 5067 Representatives shall appoint five members of the House of Representatives as members of the committee and shall designate one of such members as chairperson. The committee shall meet at the call of the chairperson. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems 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 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 other 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 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 following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Creating the House Study Committee on Market-Demand Skills Education in High Schools; and for other purposes. WHEREAS, based on statistics of the Georgia Department of Labor, minority youth unemployment (ages 16-19) in this state is 41.9 percent and Caucasian youth unemployment in this state is 21.7 percent; and WHEREAS, the international youth unemployment rate in the world's industrialized countries is 13.7 percent; and WHEREAS, according to the U.S. Department of Labor, the City of Atlanta is among the ten cities in the country with the highest youth unemployment; and WHEREAS, there has been found to be a direct correlation between high youth unemployment and high youth crime; and WHEREAS, an increase in the number of skilled workers in this state can also impact and improve this state's economic development; and 5068 JOURNAL OF THE HOUSE WHEREAS, to encourage youth to complete high school and to obtain meaningful skills that can enable them to obtain worthwhile jobs, a growing number of states have passed legislation to implement programs to teach market-demand skills in high schools for students opting not to go to college; and WHEREAS, market-demand skills vary from community to community, but can include areas such as automotive technology (motor and body repair), computer technology, construction trades (carpentry, electric, heating and air conditioning, masonry, plumbing, roofing), health care technology (CT scan, MRI), and hospitality (culinary arts, hotel management); and WHEREAS, a study of the issues surrounding the feasibility and usefulness of implementing a market-demand skills program in grades 10 through 12 in the public high schools in this state to address youth unemployment and to improve this state's economic development would be beneficial to determine whether legislative action should be recommended. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Market-Demand Skills Education in High Schools to be composed of five members. The Speaker of the House of Representatives shall appoint five members of the House of Representatives as members of the committee and shall designate one of such members as chairperson. The committee shall meet at the call of the chairperson. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems 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 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 other 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, by substitute, was agreed to, by substitute. TUESDAY, MARCH 28, 2006 5069 HR 1052. By Representatives Manning of the 32nd, Tumlin of the 38th, Stephens of the 164th, Casas of the 103rd, Jenkins of the 8th and others: A RESOLUTION urging Georgia's state owned resorts and restaurants which serve wine to list the fine wines grown and produced by the Winegrowers Association of Georgia; and for other purposes. The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Directing Georgia's state owned resorts and restaurants which serve wine to list the fine wines grown and produced by the Winegrowers Association of Georgia; and for other purposes. WHEREAS, North Georgia is fast becoming a prominent winegrowing region, with the addition of eight new vineyards and wineries in the last five years and more in the planning stages; and WHEREAS, this scenic part of our state boasts the perfect terrain for the cultivation of European vinifera as well as hybrid and native American wine grapes; and WHEREAS, these farm wineries have formed a nonprofit organization, the Winegrowers Association of Georgia, and are attracting visitors from all over Georgia and neighboring states along the Georgia Wine Highway, recently designated by the state Department of Transportation; and WHEREAS, Georgia wines have won hundreds of awards and medals in national and international competitions, and the vineyards have attracted the attention of local and national media, including the Wall Street Journal, the San Francisco Chronicle, CNN, Turner South, Southern Living, Georgia Trend, Points North, Northeast Georgia Living, and Macon magazines, Atlanta Homes and Lifestyles and other state and regional publications; and WHEREAS, the States of Virginia and North and South Carolina are officially promoting their winegrowing industries, and the Georgia Economic Development Council has also shown interest in promoting Georgia viticulture and wines along with local convention and visitors bureaus, civic organizations, and private entities who are sponsoring annual wine festivals; and WHEREAS, Georgia wines are now featured in top restaurants, gourmet shops, and beverage stores across the state; and 5070 JOURNAL OF THE HOUSE WHEREAS, the North Georgia wine industry represents an example of agri-tourism at its best by creating jobs in the agricultural, manufacturing, hospitality, and retail sectors of local economies, thereby making a considerable contribution to local government tax bases where tourism is a vital part of the economy. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body direct the state Department of Economic Development and the state Department of Natural Resources, which oversees many state owned resorts that serve wine, including Smithgall Woods, Blackshear Resort, Unicoi State Park Lodge, Little Ocmulgee Lodge, Redtop Mountain Lodge, and George T. Bagby Lodge, direct such facilities to work with the Winegrowers Association of Georgia to assure that their guests have a choice of Georgia wines among other wines they offer visitors. 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 appropriate state officials in the above-mentioned departments as well as to the managers of resorts and restaurants and to independent state authorities such as the Jekyll Island-- State Park Authority which manage similar state owned facilities. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute. HR 1055. By Representatives Buckner of the 130th, Walker of the 107th and Mosley of the 178th: A RESOLUTION urging the hospitals, clinics, physicians, and other health care providers to require any lymphedema treatment to be conducted by nationally certified lymphedema therapists; and for other purposes. The following Committee substitute was read and withdrawn: A RESOLUTION Urging the hospitals, clinics, physicians, and other health care providers to refer patients for lymphedema treatment to a nationally certified lymphedema therapist or oncologist; and for other purposes. 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 TUESDAY, MARCH 28, 2006 5071 WHEREAS, lymphedema can occur at any time in a person's life after an initial injury to the lymphatic system and if it is not treated properly, it can progress and 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 is a chronic condition requiring lifelong management, and proper treatment can increase the patient's quality of life; and WHEREAS, national certification for lymphedema therapists is available through the Lymphology Association of North America; and WHEREAS, the State of Georgia does not currently require that lymphedema treatment be performed by certified lymphedema therapists and anecdotal evidence suggests that many hospitals, clinics, physicians, and other health care providers in this state do not require that lymphedema treatment be performed by certified lymphedema therapists. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that all hospitals, clinics, physicians, and other health care providers in this state are strongly urged to refer patients for lymphedema treatment to a nationally certified lymphedema therapist or oncologist. The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Directing hospitals, clinics, physicians, and other health care providers to refer patients for lymphedema treatment to a nationally certified lymphedema therapist or oncologist and directing the medical, nursing, occupational therapy, physical therapy, and other health related schools in this state to include training on lymphedema prevention and treatment in the required curriculum; and for other purposes. 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 if it is not treated properly, it can progress and cause a high risk of infection, can result in expensive hospitalizations and antibiotic treatments, and can cause disabling or even fatal conditions; and 5072 JOURNAL OF THE HOUSE WHEREAS, lymphedema is a chronic condition requiring lifelong management, and proper treatment can increase the patient's quality of life; and WHEREAS, national certification for lymphedema therapists is available through the Lymphology Association of North America; and WHEREAS, the State of Georgia does not currently require that lymphedema treatment be performed by certified lymphedema therapists and anecdotal evidence suggests that many hospitals, clinics, physicians, and other health care providers in this state do not require that lymphedema treatment be performed by certified lymphedema therapists; and WHEREAS, increased awareness and knowledge of lymphedema by trained medical personnel can help minimize the effects of the condition and improve the quality of life of the patients. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that all hospitals, clinics, physicians, and other health care providers in this state are directed to refer patients for lymphedema treatment to a nationally certified lymphedema therapist or oncologist and all medical, nursing, occupational therapy, physical therapy, and other health related schools in this state are directed to include training on lymphedema prevention and treatment in the required curriculum. 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 medical, nursing, occupational therapy, physical therapy, and other health related schools in this state. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, by substitute. HR 1082. By Representatives Smith of the 113th, Ehrhart of the 36th, Harbin of the 118th, Royal of the 171st, Floyd of the 147th and others: A RESOLUTION creating the House Higher Education Finance and Formula Study Committee; and for other purposes. The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Creating the House Higher Education Finance and Formula Study Committee; and for other purposes. TUESDAY, MARCH 28, 2006 5073 WHEREAS, the Board of Regents of the University System of Georgia and the Department of Technical and Adult Education provide valuable services to the State of Georgia by providing education and training necessary to enhance job skills; and WHEREAS, a strong system of higher education enhances Georgia's economy; and WHEREAS, a number of issues and concerns related to the financing of the Board of Regents of the University System of Georgia have been raised during the 2005 and 2006 regular sessions of the General Assembly; and WHEREAS, the Board of Regents of the University System of Georgia receives a majority of its funding through a funding formula adopted in 1982 with no comprehensive review in the years since; and WHEREAS, the funding formula adopted for the Department of Technical and Adult Education in 2001 was modeled on the Board of Regents of the University System of Georgia formula and may also need comprehensive review; and WHEREAS, the Board of Regents of the University System of Georgia and the Department of Technical and Adult Education have been impacted by fluctuations in the economy and resulting reductions in funding; and WHEREAS, a number of individuals have expressed an interest in including a performance-based component within the financing methodology for both the Board of Regents of the University System of Georgia and the Department of Technical and Adult Education to better link resources provided to outcomes; and WHEREAS, the Board of Regents of the University System of Georgia and the Department of Technical and Adult Education comprise a significant portion of state bond financing in any given fiscal year; and WHEREAS, many of these issues and concerns warrant further study during the interim between the 2006 and 2008 regular sessions of the General Assembly. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Higher Education Finance and Formula Study Committee to be composed of seven members to be appointed by the Speaker of the House of Representatives, one member to be appointed by the Chancellor of the University System of Georgia and one member to be appointed by the Commissioner of the Department of Technical and Adult Education. The Speaker of the House of Representatives shall designate a member to serve as chairperson of the committee. The committee shall meet at the call of the chairperson. 5074 JOURNAL OF THE HOUSE BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. As a minimum the committee shall: (1) Conduct a review of the current financing of the Board of Regents of the University System of Georgia and the Department of Technical and Adult Education to include an examination of budgeted revenues and expenditures; (2) Recommend revisions to the current funding formula used in calculating funding needs for the Board of Regents of the University System of Georgia; (3) Recommend revisions to the current funding formula used in calculating funding needs for the Department of Technical and Adult Education; (4) Evaluate alternatives for a performance-based funding component for potential use as a component of the financing methodology for both the Board of Regents of the University System of Georgia and the Department of Technical and Adult Education; (5) Review capital outlay projections and prioritization methodology for the Board of Regents of the University System of Georgia and the Department of Technical and Adult Education; and (6) Develop, as needed, a prioritized implementation schedule for any proposed changes in financing for the Board of Regents of the University System of Georgia and the Department of Technical and Adult Education. BE IT FURTHER RESOLVED that the committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The other members of the committee shall serve without compensation. The 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. BE IT FURTHER RESOLVED that the committee is directed to make a report of its findings and recommendations not later than the convening of the 2008 regular session, at which time the committee shall be dissolved. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute. HR 1128. By Representative O`Neal of the 146th: A RESOLUTION creating the House Business Incentive Study Committee; and for other purposes. TUESDAY, MARCH 28, 2006 5075 The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Creating the House Business Incentive Study Committee; and for other purposes. WHEREAS, state and local governments receive revenues which are generated from taxes on businesses; and WHEREAS, the granting of various economic incentives has greatly encouraged the location or relocation of business facilities in other states; and WHEREAS, a careful study should be undertaken to determine if the ultimate economic benefit caused to the economy of the state and of local governments by granting additional economic incentives to encourage the development of a stronger business community is justified. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Business Incentive 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, 2006. The committee shall stand abolished on December 1, 2006. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute. HR 1287. By Representatives Sims of the 169th and Hembree of the 67th: 5076 JOURNAL OF THE HOUSE A RESOLUTION creating the Joint Public Libraries Study Committee; and for other purposes. The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Creating the House Public Libraries Study Committee; and for other purposes. WHEREAS, the current legal model for governance of public libraries in Georgia was established in the 1940's and since that time the population of the state has nearly tripled and its demographic patterns have changed greatly; and WHEREAS, the statutes dealing with the state library administrative agency have not been amended in over 20 years except in transferring its operation from the Department of Education to the Department of Technical and Adult Education in 1996 and transferring its operation to the Board of Regents of the University System of Georgia in 2000; and WHEREAS, over $30 million of state funds and over $165 million of local funds are expended annually to support public libraries; and WHEREAS, there is a growing need for greater accountability in the use of local, state, and federal funding for public libraries; and WHEREAS, there has been no formal study of public libraries initiated by the General Assembly in recent history. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Public Libraries Study Committee. The Speaker of the House of Representatives shall appoint five members of the House of Representatives as members of the committee and shall designate one of such members as chairperson. The committee shall include three local government officials as follows: one city official, elected or appointed, to be appointed by the Georgia Municipal Association; one county official, elected or appointed, to be appointed by the Association County Commissioners of Georgia; and one board of education official, elected or appointed, to be appointed by the Georgia School Boards Association. The chairperson shall call all meetings of the committee. BE IT FURTHER RESOLVED that the appointing authorities named above are requested to make their appointments by May 1, 2006. TUESDAY, MARCH 28, 2006 5077 BE IT FURTHER RESOLVED that the Georgia Public Library Service is requested to provide staff resources and assistance to the committee. The following agencies are requested to make their personnel and expertise available to consult with and provide information to the committee: Georgia Department of Audits and Accounts; Georgia Bureau of Investigation; Georgia Department of Revenue; Governor's Office of Planning and Budget; State Grants Advisory Council of the Georgia Public Library Service; and Office of the Attorney General of the State of Georgia. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Members who are parttime local officials 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 members who are full-time government officials or employees may be reimbursed for expenses by the employing governmental unit. 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 1396. By Representatives Talton of the 145th, O`Neal of the 146th, Williams of the 165th, Howard, E. of the 121st, Bryant of the 160th and others: A RESOLUTION creating the House Study Committee on Local Law Enforcement Salaries and Benefits; and for other purposes. The following Committee substitute was read and withdrawn: A RESOLUTION Creating the House Study Committee on State and Local Law Enforcement Salaries and Benefits; and for other purposes. 5078 JOURNAL OF THE HOUSE WHEREAS, the State of Georgia is served daily by the thousands of state and local law enforcement officers who have dedicated themselves to the protection of the lives and property of our citizens; and WHEREAS, it is largely upon the courage and commitment of these brave men and women that our fundamental liberties and well-being are built and secured; and WHEREAS, in rendering essential public services professionally and selflessly, Georgia's state and local law enforcement officers help to assure an orderly society and enhance the citizenry's sense of security; and WHEREAS, in placing the well-being of society above their personal concerns and, in some instances, risking their lives for the sake of others, the law enforcement officers in this state exemplify the highest nobility and greatest commitment to humanitarian ideals; and WHEREAS, it is essential that the salaries and benefits paid to state and local law enforcement officers state wide are at a level necessary to continue to attract and retain the best candidates and to ensure that a career of making the rest of us feel safer remains an attractive employment opportunity in this state. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on State and Local Law Enforcement Salaries and Benefits 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. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 31, 2006. The committee shall stand abolished on December 31, 2006. TUESDAY, MARCH 28, 2006 5079 The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Creating the House Study Committee on State and Local Law Enforcement Salaries and Benefits; and for other purposes. WHEREAS, the State of Georgia is served daily by the thousands of state and local law enforcement officers who have dedicated themselves to the protection of the lives and property of our citizens; and WHEREAS, it is largely upon the courage and commitment of these brave men and women that our fundamental liberties and well-being are built and secured; and WHEREAS, in rendering essential public services professionally and selflessly, Georgia's state and local law enforcement officers help to assure an orderly society and enhance the citizenry's sense of security; and WHEREAS, in placing the well-being of society above their personal concerns and, in some instances, risking their lives for the sake of others, the law enforcement officers in this state exemplify the highest nobility and greatest commitment to humanitarian ideals; and WHEREAS, it is essential that the salaries and benefits paid to state and local law enforcement officers state wide are at a level necessary to continue to attract and retain the best candidates and to ensure that a career of making the rest of us feel safer remains an attractive employment opportunity in this state. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on State and Local Law Enforcement Salaries and Benefits 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 5080 JOURNAL OF THE HOUSE 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. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, 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, by substitute, was agreed to, by substitute. HR 1464. By Representatives O`Neal of the 146th, Royal of the 171st, Tumlin of the 38th and Knight of the 126th: A RESOLUTION creating the House Comprehensive Tax Reform Study Committee; and for other purposes. The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Creating the House Comprehensive Tax Reform Study Committee; and for other purposes. WHEREAS, the population and economy of the State of Georgia have undergone dynamic growth during the last several years, and current projections indicate that such growth is likely to continued unabated; and WHEREAS, the reliance on traditional tax revenue sources, when coupled with the rapid increase in the demand for services and the demand for tax relief, has yielded a strained revenue structure unable to respond to current and future fiscal needs in a balanced, equitable fashion and has increasingly troubled and burdened financially the individual taxpayers of this state; and WHEREAS the revenue structure of Georgia, like that of other states, has received only sporadic, piecemeal revision over the years, and these changes too frequently have been made in an isolated context without due regard for the overall tax system; and WHEREAS, the ideal tax structure necessarily varies from state to state depending on the employment mix, the economic base, and the development patterns in the particular state, and each of these variables has changed significantly in Georgia; and WHEREAS, a careful and comprehensive study should be undertaken to determine how best to modernize and revitalize the revenue structure so as to create an equitable and flexible tax system for Georgia. TUESDAY, MARCH 28, 2006 5081 NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Comprehensive Tax Reform Study Committee to be composed of seven members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairperson of the committee. All meetings of the committee shall be at the discretion of the Speaker of the House of Representatives. 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 the Speaker 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 seven 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. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute. HR 1535. By Representative Scott of the 153rd: A RESOLUTION creating the State Health Benefit Plan Design Team; and for other purposes. The following Committee substitute was read and withdrawn: A RESOLUTION Creating the State Health Benefit Plan Design Team; and for other purposes. WHEREAS, the State Health Benefit Plan is a self-insured health benefit product, insuring eligible employees and retirees of state agencies, authorities, and boards of education and other educational entities, administered by a third-party administrator; and WHEREAS, with the cost of health claims rising significantly each year, there is a need to determine new and innovative ways to contain such costs; and WHEREAS, a plan design team can review and determine areas where rising costs can be contained and determine a more cost-effective plan design to better meet the needs of covered employees, retirees, their spouses and dependents, and the state. 5082 JOURNAL OF THE HOUSE NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the State Health Benefit Plan Design Team to be composed of 19 persons. The Speaker of the House of Representatives shall appoint three members of the House of Representatives who receive health benefits from the State Health Benefit Plan, one of whom the Speaker shall designate as the chairperson of the State Health Benefit Plan Design Team. In addition, the Speaker shall appoint two persons who are currently employed full time as teachers for boards of education in Georgia who receive health benefits from the State Health Benefit Plan; one person currently employed full time as an employee of a state agency not otherwise represented on the Plan Design Team who receives health benefits from the State Health Benefit Plan; and one person who is a retiree who receives health benefits from the State Health Benefit Plan. The Governor shall appoint one representative from the Department of Community Health; one representative from the Georgia Merit System of Personnel Administration; one representative from the State Health Benefit Plan Task Force; the commissioner of the Georgia Department of Corrections, ex officio; the director of the Georgia Forestry Commission, ex officio; a human resources officer currently employed by a state department; one representative from the judicial branch of government; two persons who are currently employed full time as teachers for boards of education in Georgia who receive health benefits from the State Health Benefit Plan; a human resources officer currently employed by a board of education in Georgia; one person currently employed full time as an employee for a state agency not otherwise represented on the Plan Design Team who receives health benefits from the State Health Benefit Plan; and one person who is a retiree who receives health benefits from the State Health Benefit Plan. BE IT FURTHER RESOLVED that the Plan Design Team shall undertake the following to determine means to curb rising costs of health benefits provided to eligible employees and retirees of state agencies, authorities, and boards of education and other educational entities: (1) Leverage the work and recommendations of the State Health Benefit Plan Task Force report dated October 11, 2005; (2) Review the existing State Health Benefit Plan; (3) Include a review of all areas of the State Health Benefit Plan, including medical options, utilization, access to care, duplication of coverages, and the actual number of options offered and include a review of the types of HMO options currently in the State Health Benefit Plan and whether there is a need to continue them; (4) Compare the State Health Benefit Plan with other state and private industry plans through the State and Local Government Benefits Association; (5) Compare the options and costs of the State Health Benefit Plan with those of the medical plan of the Board of Regents of the University System of Georgia; (6) Complete an analysis to determine the feasibility of continuing to offer Consumer Options (CO). Consumer Options is confusing to employees, experiences low utilization, and is expensive, and there is a concern as to whether it is worth the extra cost of providing the option; TUESDAY, MARCH 28, 2006 5083 (7) Engage several focus groups throughout the state with eligible plan participants, including retirees, to review plan design recommendations and solicit their input into the process; (8) Present plan design recommendations to benefit consultants for validation and best practices; and (9) Complete actuarial studies to compare the existing plan to proposed plans and develop cost models. BE IT FURTHER RESOLVED that the Plan Design Team shall make a report of its findings and recommendations to the Governor and the Speaker of the House of Representatives, with suggestions for proposed legislation, if any, on or before December 31, 2006. The members of the team shall not receive any compensation for their services on the team, but they shall be reimbursed for expenses incurred by them in the performance of their services as members of the team in the same manner as they are reimbursed for expenses in their capacity as officials or employees. The funds necessary for the reimbursement of the expenses shall come from funds appropriated to or otherwise available to their respective employers. Except as otherwise provided in this resolution, all funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives. The State Health Benefit Plan Design Team shall stand abolished on December 31, 2006. The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Creating the State Health Benefit Plan Design Team; and for other purposes. WHEREAS, the State Health Benefit Plan is a self-insured health benefit product, insuring eligible employees and retirees of state agencies, authorities, and boards of education and other educational entities, administered by a third-party administrator; and WHEREAS, with the cost of health claims rising significantly each year, there is a need to improve the benefits provided, streamline the provision of services, enhance the overall efficiency of the system, and find new and innovative ways to contain such costs; and WHEREAS, a plan design team can review and determine areas where rising costs can be contained and determine a more cost-effective plan design to better meet the needs of covered employees, retirees, their spouses and dependents, and the state. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the State Health Benefit Plan Design Team to be composed of seven members appointed by the Speaker of the House of Representatives. The Speaker shall 5084 JOURNAL OF THE HOUSE appoint a chairperson. The committee shall meet not more than five days unless additional days are authorized by the Speaker. All funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives. The State Health Benefit Plan Design Team 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, by substitute. HR 1555. By Representatives Rice of the 51st and Ehrhart of the 36th: A RESOLUTION creating the House Study Committee on Shared Parenting; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. HR 1558. By Representatives Setzler of the 35th, Hill of the 21st, Loudermilk of the 14th, Lindsey of the 54th, May of the 111th and others: A RESOLUTION creating the House Study Committee on Biological Privacy; 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 Biological Privacy; and for other purposes. WHEREAS, emerging technology is rapidly advancing the capacity of governments and private organizations to physically monitor and biologically profile law abiding citizens; and WHEREAS, the use of these technologies is being increasingly integrated into ordinary life both in the private and public sectors for purposes of personnel identification, access control, medical assessment, profiling, and for other purposes; and WHEREAS, the uses of technologies such as DNA profiling, digital fingerprint recognition, and retinal scan utilize indelible physical characteristics that are unalterable; and WHEREAS, radio frequency identification, global positioning systems, and emerging nanotechnology have the potential to provide public and private entities significant TUESDAY, MARCH 28, 2006 5085 information regarding the whereabouts and behavioral history of citizens without their knowledge or consent; and WHEREAS, no information that is collected and centrally maintained can be kept completely safe from theft or misuse by unauthorized parties; and WHEREAS, theft of indelible biological information could be devastating to a citizen's personal or financial future; and WHEREAS, both the United States Constitution and the Constitution of Georgia provide "[t]he right of the people to be secure in their persons, houses, papers, and effects . . . shall not be violated . . ."; and WHEREAS, the government has a duty to address through its laws the basic protection and welfare of its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Biological Privacy. The committee shall consist of five members appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as the 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 uses of biological information and technology by government and private entities and the problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee shall seek the advice and opinions of private, institutional, and law enforcement experts and officials. 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 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 not receive the same 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 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. 5086 JOURNAL OF THE HOUSE HR 1560. By Representative Cox of the 102nd: A RESOLUTION creating the House Pandemic Preparedness and Response Study Committee; and for other purposes. The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Creating the House Pandemic Preparedness and Response Study Committee and the House Study Committee on State Law Enforcement Salaries and Benefits; and for other purposes. SECTION 1. WHEREAS, it is essential to public health and safety that this state be prepared in the event of a public health emergency caused by either bioterrorism or the rapid transmission of a life-threatening disease; and WHEREAS, a pandemic or epidemic has the potential of causing both devastating health consequences for the citizens of this state and the disruption of critical community services due to the incapacitation of essential human infrastructure and, to attempt to avoid such tragic consequences, there should be an evaluation of the state's preparedness and a consideration of the need for state and local contingency plans; and WHEREAS, in the event of a public health emergency or disaster, state and local officials will be called upon to implement a response plan. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Pandemic Preparedness and Response Study Committee to be composed of five members. The Speaker of the House of Representatives shall appoint the 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. BE IT FURTHER RESOLVED that the committee shall review and consider the following concerns and issues as these relate to pandemic preparedness and response: (1) The need for coordinated response plans on the regional, state-wide and national levels; TUESDAY, MARCH 28, 2006 5087 (2) Interagency cooperation and agreements between agencies and private entities on the local, regional, state, and national levels, including agreements with elected representatives, law enforcement, first responders, and the media; (3) Agreements with health care insurers, Medicaid or other federal medical programs, and health care product, equipment, and services providers for cooperation with public health recommendations during an epidemic; (4) The coordination, recruitment and training of medical and nonmedical volunteers; (5) The identification of available facilities for the provision of medical care, decontamination, quarantine, training, and morgue services; (6) The need to stockpile medications or medical equipment; (7) The availability of communication and the need for developing communication procedures; (8) The development of uniform and humane quarantine procedures; and (9) Methods for filling critical infrastructure services such as police, fire, and EMT services as well as sanitation, water, and electrical services. 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 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, 2006. The committee shall stand abolished on December 31, 2006. SECTION 2. WHEREAS, the State of Georgia is served daily by the hundreds of state law enforcement officers who have dedicated themselves to the protection of the lives and property of our citizens; and WHEREAS, it is largely upon the courage and commitment of these brave men and women that our fundamental liberties and well-being are built and secured; and WHEREAS, in rendering essential public services professionally and selflessly, this state's law enforcement officers help to assure an orderly society and enhances the citizenry's sense of security; and WHEREAS, in placing the well-being of society above their personal concerns and, in some instances, risking their lives for the sake of others, the state's law enforcement 5088 JOURNAL OF THE HOUSE officers exemplify the highest nobility and greatest commitment to humanitarian ideals; and WHEREAS, it is essential that the salaries and benefits paid to state law enforcement officers state wide is at a level necessary to continue to attract and retain the best candidates and to ensure that a career as a state law enforcement officer remains an attractive employment opportunity in this state. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on State Law Enforcement Salaries and Benefits 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 shall focus its attention on the salary and benefits of state law enforcement officers who have as a part of their routine duties and responsibilities the exercise of the power of arrest, such as agents with the Georgia Bureau of Investigation and troopers with the Georgia State Patrol and also including without limitation any and all certified peace officers employed with any state law enforcement unit as defined by paragraphs (7) and (8) of Code Section 35-8-2. 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. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, 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 1604. By Representative Lewis of the 15th: A RESOLUTION urging the Environmental Protection Division of the Georgia Department of Natural Resources to allow electric generation TUESDAY, MARCH 28, 2006 5089 peaking facilities, which have the capability to fire natural gas or fuel oil and the flexibility to use either fuel throughout the year, assuring the state will benefit from the operation of these facilities when natural gas supplies have been interrupted or are otherwise highly volatile; and for other purposes. The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Recognizing the vital role electric generation peaking facilities serve in Georgia as a backstop for the regional power grid during times of emergency, fuel supply interruptions, or extreme demand; and for other purposes. WHEREAS, a reliable and affordable supply of energy is essential to the well-being and economic prosperity of the citizens of Georgia; and WHEREAS, Georgia's energy infrastructure and supply were disrupted in the wake of Hurricanes Katrina and Rita in August and September of 2005; and WHEREAS, the damage to Georgia's energy infrastructure demonstrated the importance of a diverse and robust energy supply system not dependent upon a particular fuel or technology; and WHEREAS, on October 3, 2005, Governor Sonny Perdue issued a call for the development of a comprehensive energy plan that encourages greater diversity and reliability of Georgia's energy supply; and WHEREAS, since the late 1990s wholesale and retail prices for natural gas, petroleum, fuel oils, and coal have been increasingly volatile as a result of reduced supplies and growing demand; and WHEREAS, electric generating peaking facilities in this state stand ready to play a significant role in the state's energy plan and portfolio, particularly in times of emergency, fuel supply interruptions, or extreme demand; and WHEREAS, electric peaking facilities serve as a backstop for the regional power grid during events of system upset, emergency, and extreme demand; and WHEREAS, numerous electric peaking facilities in Georgia are each capable of supplying the electricity needs of several hundred thousand households; and WHEREAS, electric peaking facilities are designed to be available on short notice and can operate in a broad range of conditions; and 5090 JOURNAL OF THE HOUSE WHEREAS, some electric peaking facilities are designed to utilize natural gas as a primary fuel and have on-site storage for fuel oil as a backup fuel; and WHEREAS, these peaking facilities operate under air quality permits from the Georgia Environmental Protection Division requiring that they be equipped with "Best Available Control Technology" and some of these air quality permits allow the use of fuel oil as a backup fuel to be utilized under specific conditions; and WHEREAS, in order for these peaking facilities to be a strategic energy resource, they must be allowed to operate in a manner consistent with their design, the protection of Georgia's air quality, and contractual obligations; and WHEREAS, the Georgia Environmental Protection Division's rules currently restrict fuel oil use in some peaking facilities by imposing emissions standards that are more stringent than can be achieved by the best available control technology, effectively preventing the use of backup and emergency fuel supplies during much of the hurricane season or periods of extreme demand; and WHEREAS, without the ability to use fuel oil as a back-up in emergencies or periods of extreme demand that occur from May 1 through September 30 each year, the role of peaking plants as energy emergency responders is compromised; and WHEREAS, following Hurricane Katrina, regional natural gas infrastructure was damaged and natural gas supplies were disrupted, affecting many baseload power plants and necessitating the use of peaking facilities to meet load requirements; and WHEREAS, the post-Katrina events demonstrate that the natural gas supply is interruptible throughout the year and operation on backup fuel oil in peaking plants is at times necessary to maintain a reliable electric energy supply for Georgia; and WHEREAS, the air quality in the Atlanta area and Georgia has improved in the last five years; and WHEREAS, given proper control technology, fuel oil operation can be accomplished in an environmentally responsible manner without degrading the air in the Atlanta area or Georgia while ensuring that Georgia and the region gain full benefit from these existing and critically important power generating assets; and WHEREAS, reevaluating the Georgia Environmental Protection Division's restrictions on the use of fuel oil in these peaking facilities will not cause the air quality in the Atlanta area or Georgia to be adversely affected. TUESDAY, MARCH 28, 2006 5091 NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body recognizes the vital role these peaking facilities serve and the need for them to operate using fuel oil in times of distress or extreme demand to assure a reliable energy supply for Georgia. 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 director of the Environmental Protection Division of the Georgia Department of Natural Resources. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute. HR 1663. By Representatives Sheldon of the 105th, Brown of the 69th, Manning of the 32nd, Cox of the 102nd, Graves of the 137th and others: A RESOLUTION creating the House Study Committee on Public Health; 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 Public Health; and for other purposes. WHEREAS, county health departments provide numerous public health services to their citizens; and WHEREAS, the state provides certain funding, known as grant-in-aid funds, to county health departments for local public health purposes; and WHEREAS, such grant-in-aid funds are currently distributed by the Department of Human Resources pursuant to a funding formula; and WHEREAS, it would be beneficial to identify the mission statement of this state with respect to public health, to review the current grant-in-aid funding formula, to examine the uses of current funding including the salaries of local public health workers, to identify local public health needs, and to address other related issues to determine whether any of these issues warrant being addressed through legislation. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there shall be created the House Study Committee on Public Health to be composed of five members of the House of Representatives to be appointed by the Speaker of the 5092 JOURNAL OF THE HOUSE House of Representatives. The Speaker shall designate a member of the House who shall serve as chairperson of the committee. The committee shall meet at the call of the chairperson. BE IT FURTHER RESOLVED that the committee shall undertake a study of the issues mentioned above and any other issues related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee shall recommend any actions or legislation which it 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 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. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, 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 1667. By Representatives Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, O`Neal of the 146th and Coleman of the 144th: A RESOLUTION to create the House State Fiscal Year Study Committee; to provide for the mission, membership, service, powers, and duties of the committee; to provide for other related matters; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. HR 1778. By Representatives Burkhalter of the 50th, Keen of the 179th, Richardson of the 19th, Fleming of the 117th, Burmeister of the 119th and others: A RESOLUTION creating the House Tag 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 Tag Tax Study Committee; and for other purposes. TUESDAY, MARCH 28, 2006 5093 WHEREAS, state and local governments receive revenues which are generated from ad valorem taxes on approximately 8 million motor vehicles including cars, sports utility vehicles, motorcycles, commercial trucks, and others; and WHEREAS, the imposition and collection of such taxes is a burden on many working Georgia families and that tax is due on the birthday of the owner of each vehicle; and WHEREAS, the revenue loss to the state is outweighed by the benefit of eliminating such taxation and could be accomplished at once or over a period of years depending on the continued growth of the state's economy. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Tag Tax 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. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, 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, was agreed to, by substitute. SB 523. By Senators Grant of the 25th, Seabaugh of the 28th, Douglas of the 17th, Schaefer of the 50th, Harp of the 29th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate honoring the family members of service members who have been killed in action; to provide for issuance, renewal, fees, licensing 5094 JOURNAL OF THE HOUSE agreements, applications, and transfers relative to such special license plates; 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 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 honoring the family members of service members who have been killed in action; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; 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 prestige license plates and special plates for certain persons and vehicles, is amended by adding a new Code Section 40-2-86.18 to read as follows: "40-2-86.18. (a) There shall be issued beginning July 1, 2007, special license plates honoring the family members of service members who have been killed in action while serving in the armed forces of the United States. The license plate shall be officially designated as the Gold Star license plate. (b) The commissioner, in cooperation with supporters of this license plate, shall design a special license plate for the family members of service members who have been killed in action while serving in the armed forces of the United States. 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. The license plate shall bear in a conspicuous place a gold star with blue fringe on a white background with a red border. This is the symbol for a fallen service member. In the indented area normally used for the county of residence decal, the words 'Gold Star Family' shall be displayed. 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 provisions of subsections (a) and (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 such license or other permission as may be required to implement this Code section. The design of the initial edition of such special license plate, 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 TUESDAY, MARCH 28, 2006 5095 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) On and after July 1, 2007, any motor vehicle owner who is a resident of Georgia, other than one registering under the International Registration Plan, upon complying with state laws relating to registration and licensing of motor vehicles shall be issued such a special license plate upon application therefor. Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. One Gold Star license plate per eligible family member is free of charge, after payment of all ad valorem taxes and other fees due at registration of a motor vehicle. In order to qualify as a family member, the person must be directly related to the fallen service member as a spouse or legal mother or father. If a Gold Star license plate is lost, damaged, or stolen, the eligible family member must pay the reasonable cost, to be established by the department, but not to exceed the cost of other specialty license plates, to replace the Gold Star license plate. (e) Whether a service member is deemed to have been killed in action shall be determined by the classification of death as listed by the United States Department of Defense and may be verified from documentation directly from the Department of Defense. (f) The Gold Star license plate shall be issued only to family members of service members who resided in Georgia at the time of the death of the service member. (g) Renewal decals shall be issued at no cost to the eligible family member upon the payment of ad valorem taxes and other registration fees, provided that the renewal is applied for on or within 30 days prior to the renewal date of the eligible family member. If the eligible family member fails to renew within such time, he or she shall pay a standard renewal fee and be subject to the standard penalties for late payment of ad valorem taxes due on the motor vehicle. (h) An eligible family member may request a Gold Star license plate at any time during his or her registration period. If such a license plate is to replace a current valid license plate, the license plate shall be issued with appropriate renewal decals attached. (i) License plates issued pursuant to this Code section shall not be transferred between vehicles as provided in Code Section 40-2-42, unless the transfer is to another motor vehicle owned by the eligible family member. (j) Gold Star license plates shall be issued within 30 days of application. (k) The commissioner is authorized and directed to establish procedures and promulgate rules and regulations to effectuate the purposes of this Code section." SECTION 2. This Act shall become effective on January 1, 2007. 5096 JOURNAL OF THE HOUSE SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. SB 538. By Senator Douglas of the 17th: 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 and special license plates for certain persons and vehicles, so as to provide for special license plates supporting the Global War on Terrorism and Iraqi freedom; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; 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 539. By Senator Douglas of the 17th: 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 and special license plates for certain persons and vehicles, so as to provide for special license plates supporting the Global War on Terrorism and Operation Enduring Freedom; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; 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 619. By Senators Tolleson of the 20th, Bulloch of the 11th, Harp of the 29th and Hudgens of the 47th: 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 programs for persons with brain-related disorders and disabilities; to provide for a portion of the revenue to go to Pilot International; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; TUESDAY, MARCH 28, 2006 5097 to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills and Resolutions. On the passage of the Bills, and 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 Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Borders Y Bridges Y Brooks Y Brown Y 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 Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox E 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 Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster E Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T 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, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan E 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 Mangham Y Manning E Marin Martin Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Morgan 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 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 Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet 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 5098 JOURNAL OF THE HOUSE On the passage of the Bills, and the adoption of the Resolutions, the ayes were 152, nays 0. The Bills, having received the requisite constitutional majority, were passed, and the Resolutions, having received the requisite constitutional majority, were adopted. 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. Ewing, the Secretary thereof: Mr. Speaker: The Senate has adopted by substitute, by the requisite constitutional majority, the following resolutions of the House: HR 413. By Representative Hanner of the 148th: A RESOLUTION dedicating the bridge on SR 45 that spans the Kinchafoonee Creek in Webster County as the Warren V. Johnson Bridge; and for other purposes. HR 1491. By Representative Sims of the 169th: A RESOLUTION commemorating the achievements and sacrifice made by Private James Boggan and renaming the Bear Creek Bridge on Highway 32 West in Ambrose, Georgia, the Private James Boggan Memorial Bridge; and for other purposes. HR 1548. By Representatives Rynders of the 152nd and Hanner of the 148th: A RESOLUTION commemorating the accomplishments of Mrs. Ida Chambers and dedicating Chambers Crossing; and for other purposes. 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 382. By Senators Harp of the 29th and Hill of the 32nd: A BILL to be entitled an Act to amend Titles 5, 7, and 19 of the O.C.G.A., relating respectively to appeal and error, banking and finance, and domestic relations, so as to change provisions relating to the calculation of child TUESDAY, MARCH 28, 2006 5099 support; to clarify the direct appeal process in certain domestic relations cases; to clarify the calculation of the amount of interest on arrearage of child support; to clarify definitions; to provide guidelines for determining the amount of child support to be paid; to change provisions relating to guidelines for calculating child support; to reorganize Code Section 19-6-15, relating to guidelines for calculating child support, to provide more clarity on the application of such child support; to allow a jury to determine deviations; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. The motion prevailed. 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 415. By Senators Douglas of the 17th, Seabaugh of the 28th, Grant of the 25th, Schaefer of the 50th, Williams of the 19th and others: A BILL to be entitled an Act to amend Code Section 20-3-485 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, so as to provide that surviving spouses shall be eligible students; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 20-3-485 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, so as to provide that a person evacuated from a combat zone due to severe injuries shall be deemed to have completed a qualifying term of service; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 20-3-485 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, is amended by striking paragraph (5) and inserting in lieu thereof a new paragraph (5) to read as follows: "(5) 'Qualifying term of service' means deployment overseas for active service on or after the effective date of this subpart to a location or locations outside of the United 5100 JOURNAL OF THE HOUSE States and its territories designated by the United States Department of Defense as a combat zone for a consecutive period of at least 181 days or, in the case of an individual who is killed or receives a 100 percent disability as a result of injuries received in such combat zone, any period of time on active service in such combat zone; provided, however, that any person who fails to serve the full 181 consecutive days because he or she was evacuated from the combat zone due to severe injuries shall be deemed to have completed a qualifying term of service." 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 Y Barnes 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 Burkhalter Y Burmeister Y Burns Butler Byrd Carter Y Casas Chambers Y Channell Cheokas Y Coan Y Cole Coleman, B Y Coleman, T E Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Hill, C.A Y Holmes Y Holt Y Horne Houston Y Howard, E 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 E 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 Martin Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y 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 Y Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Rogers Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M 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 TUESDAY, MARCH 28, 2006 5101 Y Cooper Y Cox Y Henson Y Hill, C Manning E Marin Y Royal Y Rynders Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Knox of the 24th, O'Neal of the 146th, Smith of the 70th, and Thomas of the 55th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Due to a mechanical malfunction, the vote of Representative Stephenson of the 92nd was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 101. By Representatives Brooks of the 63rd, Cummings of the 16th and Williams of the 89th: A BILL to be entitled an Act to amend Article 5 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the Peace Officers Annuity and Benefit Fund, so as to provide for creditable service for certain prior service; to provide for an employee's contribution; to provide for application and conditions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Resolutions of the Senate were taken up for consideration and read the third time: SR 954. By Senators Hamrick of the 30th and Smith of the 52nd: A RESOLUTION ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "State of Georgia Performance Standards for 5102 JOURNAL OF THE HOUSE Criminal Defense Representation in Indigent Criminal Cases," hereinafter referred to as the "Performance Standard"; to provide for an effective date; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y 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 Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman, B Y Coleman, T Y Cooper Y Cox E Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson 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 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, E 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 E 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 E Marin Y Martin Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Murphy, J Y Murphy, Q Y Neal 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 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 E Sinkfield Y Smith, B 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 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 152, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. TUESDAY, MARCH 28, 2006 5103 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. SR 955. By Senators Hamrick of the 30th and Smith of the 52nd: A RESOLUTION ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "State of Georgia Performance Standards for Juvenile Defense Representation in Indigent Delinquency and Unruly Cases," hereinafter referred to as the "Performance Standard in Juvenile Court"; to provide for an effective date; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson 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 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 E Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 E Harbin Y Hatfield Y Heard, J Y Heard, K Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan E Keen Y Keown Y Kidd Y Knight Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Martin Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Reece, B Y Reece, S Y Reese Rice Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Sheldon Y Sims, C Sims, F E Sinkfield Y Smith, B Smith, L Y Smith, P Smith, R Y Smith, T E Smith, V Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E 5104 JOURNAL OF THE HOUSE Coleman, B Y Coleman, T Y Cooper Y Cox Y Heckstall Y Hembree Y Henson Y Hill, C Y Maddox Y Mangham Y Manning E Marin Y Roberts Rogers Y Royal Y Rynders Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 149, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. Representatives Thomas of the 55th 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. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has agreed to the House amendment to the following bill of the Senate: SB 480. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th: A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the O.C.G.A., relating to nurses, so as to provide for the certification of qualified medication aides; to provide for a short title; to provide legislative findings; to provide for definitions; to provide for the delegation of certain nursing tasks; to provide for powers and responsibilities of the Georgia Board of Examiners of Licensed Practical Nurses; to provide for certification standards and requirements; to provide for the issuance and renewal of certificates; to provide for permitted and prohibited activities; to provide for requirements of community living arrangements which utilize qualified medication aides; to provide for sanctions; to provide for construction; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has passed by the requisite constitutional majority the following bill of the House: HB 710. By Representatives Jenkins of the 8th, Bridges of the 10th, Ralston of the 7th, Roberts of the 154th, Bearden of the 68th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the TUESDAY, MARCH 28, 2006 5105 Official Code of Georgia Annotated, relating to prestige license plates for motor vehicles, so as to provide for special license plates identifying persons with diabetes; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 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 427. By Senators Hill of the 32nd, Smith of the 52nd, Hudgens of the 47th, Hill of the 4th, Harp of the 29th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the O.C.G.A., the "Public Retirement Systems Investment Authority Law," so as to define certain terms; to provide that certain public retirement systems may invest retirement system assets in certain types of alternative investments, private placements, and other private investments; to provide that such investments may be made up to a certain amount; to shield information related to such investment from public scrutiny; to provide for a code of ethics; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to define certain terms; to provide that certain public retirement systems may invest retirement system assets in certain types of alternative investments, private placements, and other private investments; to provide that such investments may be made up to a certain amount; to shield information related to such investment from public scrutiny; to provide for a code of ethics; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 5106 JOURNAL OF THE HOUSE SECTION 1. Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," is amended by inserting at the end thereof a new Code section to read as follows: "47-20-87. (a) As used in this Code section, the term: (1) 'Alternative investments' means the following investments: (A) Privately placed investment pools, including, without limitation, private investment funds, such as: (i) Leveraged buyout funds; (ii) Mezzanine funds; (iii) Workout funds; (iv) Debt funds; (v) Venture capital funds; (vi) Merchant banking funds; and (vii) Funds of funds and secondary funds that include investments in privately placed investment pools described in this subparagraph, in each case whether structured as a partnership, limited liability company, trust, corporation, joint venture, or other entity or investment vehicle of any type; organized or operating in one of the states or territories of the United States or outside the United States; such pool will invest in the United States or outside the United States or any combination thereof; or such pool makes investments of the type described in subparagraph (B) of this paragraph or other investments of any type or any combination thereof; (B) Private placements and other private investments, including without limitation: (i) Leveraged buyouts; (ii) Venture capital investment; (iii) Equity investments, including, without limitation, preferred and common stock; (iv) Warrants; (v) Options; (vi) Private investments in public securities; (vii) Recapitalizations; (viii) Privatizations; (ix) Mezzanine debt investments; (x) Distressed debt and equity investments, including, without limitation, cases in which the investor may take control of the issuer; (xi) Other debt investments, whether secured or unsecured, senior or subordinated, recourse or nonrecourse, convertible, or otherwise; (xii) Convertible securities; (xiii) Receivables; (xiv) Interests, as such term is referred to in Sections 501 and 502 of Title 11 of the United States Code; TUESDAY, MARCH 28, 2006 5107 (xv) Claims, as such term is defined in paragraph (5) of Section 101 of Title 11 of the United States Code; (xvi) Debt and equity derivative instruments of all types; and (xvii) All other debt and equity private placements of all types, in each case whether issued by a partnership, limited liability company, trust, corporation, joint venture, or other entity or vehicle of any type or whether the issuer is organized or does business in one of the states or territories of the United States or outside the United States; and (C) Any distribution in kind received by an eligible large retirement system in connection with any investment described in subparagraphs (A) and (B) of this paragraph. (2) 'Eligible large retirement system' shall be a large retirement system as defined in subsection (a) of Code Section 47-20-84; provided, however, that such term shall not include the Teachers Retirement System of Georgia. (b) In addition to the eligible investments authorized by Code Section 47-20-82, and without applicability of any restrictions set forth in Code Sections 47-20-83 and 47-2084, an eligible large retirement system is authorized to invest in alternative investments in accordance with the provisions of this Code section. Further, when provisions of Code Section 47-20-83 or 47-20-84 or any provisions of this article other than this Code section limit a particular form of investment to a certain percentage of retirement system assets, the denominator will include alternative investments with all other investments, but the numerator for any such calculation will not include any alternative investments, even if any such alternative investment is of a like kind as the investments that are included in the numerator. (c) An alternative investment may not exceed in any case 20 percent of the aggregate amount of: (1) The capital to be invested in the applicable private pool, including all parallel pools and other related investment vehicles established as part of the investment program of the applicable private pool; and (2) The securities being issued in the applicable private placement, in each case determined at the time such alternative investment is initially either made or committed to be made, as applicable, but taking into consideration any investments that have previously been or are concurrently being made or committed to be made. Each alternative investment by an eligible large retirement system shall have previously been or shall be concurrently made or committed to be made by at least four other investors not affiliated with the issuer. Such four other investors shall be investing on substantially the same terms and conditions as those applicable to the investment by the eligible large retirement system to the extent such other investors are similarly situated with the eligible large retirement system. Alternative investments shall only be made in private pools and issuers that have at least $100 million in assets, including committed capital, at the time the investment is initially made or committed to be made by an eligible large retirement system. 5108 JOURNAL OF THE HOUSE (d) Alternative investments by an eligible large retirement system may not in the aggregate exceed 5 percent of the retirement system assets at any time. The board of trustees of an eligible large retirement system shall have the discretion to designate whether any investment that is permitted to be made as an alternative investment pursuant to this Code section and is also permitted to be made as an investment pursuant to Code Section 47-20-83 shall be treated for purposes of the 5 percent limitation and otherwise as an alternative investment made pursuant to this Code section or as an investment made pursuant to Code Section 47-20-83. If the eligible large retirement system is not in compliance with the limitations imposed by this subsection, it shall make a good faith effort to come into compliance within two years and in any event as soon as practicable thereafter; provided, however, that during any period of noncompliance the eligible large retirement system shall not increase the percentage of its assets committed to be invested in alternative investments but shall be permitted during such period to continue to make investments as required by the then existing commitments of the eligible large retirement system to alternative investments made before the period of noncompliance. (e) The provisions of this subsection shall apply only to the Employees Retirement System of Georgia. New commitments to alternative investments may not in the aggregate exceed 1 percent of the retirement system assets in any calendar year until the first occurrence that 4 l/2 percent of the retirement system assets are invested in alternative investments, at which time there shall be no limit on the percentage of commitments that may be made in any calendar year, subject to compliance with the other provisions of this Code section. (f)(1) For purposes of this subsection, the term 'information' shall include, without limitation, preinvestment and postinvestment diligence information, including reviews and analyses prepared or provided by the issuer of a potential or actual alternative investment or prepared by or for an eligible large retirement system or otherwise relating to a potential or actual alternative investment. (2) In addition to those records that are exempted from being open to inspection by the general public under Code Section 47-1-14 and except as otherwise provided in this subsection, an eligible large retirement system may in its discretion treat as confidential and withhold from public inspection and disclosure all information prepared or provided by the issuer of a potential or actual alternative investment or prepared by or for an eligible large retirement system or otherwise relating to a potential or actual alternative investment and held by an eligible large retirement system and may agree in making an alternative investment to treat such information as confidential and withhold it from public inspection and disclosure. (3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, an eligible large retirement system shall make publicly available the following information, but only to the extent the following information is otherwise available or maintained by said eligible large retirement system in the normal course and only after a period of one year from the date such records were created: TUESDAY, MARCH 28, 2006 5109 (A) The name of any alternative investment in which the eligible large retirement system has invested; excluding, in the case of an alternative investment in a privately placed investment pool, any information concerning the investments made by such privately placed investment pool; (B) The date the eligible large retirement system first invested in an alternative investment described in paragraph (1) of this subsection; (C) The aggregate amount of money, expressed in dollars, the eligible large retirement system has invested in alternative investments as of the end of any fiscal quarter; (D) The aggregate amount of money and the value of any in kind or other distribution, in each case, expressed in dollars, the large retirement system received from alternative investments; (E) The internal rate of return or the result under any other such standard used by the eligible large retirement system in connection with alternative investments for the asset class and for the period for which the return or standard was calculated; and (F) The remaining cost of alternative investments in which the eligible large retirement system has invested as of the end of any fiscal quarter. (4) The provisions of this Code section shall not restrict access to information and records under process of law or by officers otherwise entitled to them for official purposes, but such information and records shall have the same confidential status under process or with such officers as it does in the hands of an eligible large retirement system, and such officers shall respect such confidentiality to the extent consistent with their separate powers and duties. (5) On the third Monday in January of each year, the director of each large retirement system shall provide a report to the Governor and the chairpersons of the House and Senate standing committees on retirement detailing the performance of the investments made pursuant to this Code section including, without limitation, a clear statement of the aggregate loss or profit on such investments for the preceding year. This paragraph shall not be construed so as to require the disclosure of any information otherwise protected by this subsection. (g) Unless the information has been publicly released, preinvestment and postinvestment diligence information, including reviews and analyses, prepared or maintained by the large retirement system or by an alternative investment firm is confidential and exempted from being open to inspection by the general public pursuant to Article 4 of Chapter 18 of Title 50, except to the extent it is subject to disclosure from the requirements of subsection (f) of this Code section. (h) The respective boards of trustees of eligible large retirement systems making investments authorized by this Code section shall adopt a code of ethics for the consideration of and investment in and disposition of alternative investments. (i) Funds invested pursuant to this Code section and any return on such investment shall remain funds of the retirement system." 5110 JOURNAL OF THE HOUSE SECTION 2. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure of exempting legal authority, is amended by striking the word "or" at the end of paragraph (18) of subsection (a), by striking the period at the end of paragraph (19) of subsection (a) and inserting in lieu thereof the symbol and word "; or", and by inserting at the end of subsection (a) the following: "(20) Records that are expressly exempt from public inspection pursuant to Code Sections 47-1-14 and 47-20-87." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Amerson E Anderson N Ashe Y Barnard N Barnes N Bearden Beasley-Teague N Benfield N Benton N Black N Bordeaux Y Borders N Bridges N Brooks Y Brown N Bruce N Bryant N Buckner, D N Buckner, G Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Casas Chambers N Channell N Cheokas Y Coan N Crawford N Cummings Y Davis N Day N Dean Y Dickson Dodson Y Dollar N Drenner N Dukes Y Ehrhart N England N Epps Y Everson Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Graves, D N Graves, T N Greene N Hanner E Harbin N Hatfield N Heard, J N Hill, C.A N Holmes Holt N Horne N Houston N Howard, E N Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins Y Jennings N Johnson Y Jones, J Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox N Lakly Y Lane, B Y Lane, R N Lewis Lindsey N Lord Y Loudermilk N Lucas Y Martin E Maxwell N May N McCall McClinton N Meadows Y Millar N Mills N Mitchell N Morgan N Morris Y Mosby N Mosley N Mumford Y Murphy, J N Murphy, Q N Neal N Oliver Y O'Neal N Orrock N Parham N Parrish N Parsons N Porter N Powell N Ralston N Randall N Ray N Reece, B N Reece, S Y Reese N Sailor N Scheid N Scott, A N Scott, M Y Setzler N Shaw Y Sheldon N Sims, C N Sims, F E Sinkfield Y Smith, B N Smith, L N Smith, P Y Smith, R N Smith, T E Smith, V Y Smyre N Stanley-Turner Stephens Y Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin N Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A TUESDAY, MARCH 28, 2006 5111 E Cole Coleman, B N Coleman, T Y Cooper Y Cox N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Lunsford Y Maddox Mangham Y Manning N Marin Y Rice N Roberts Rogers N Royal N Rynders N Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 55, nays 104. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Knight of the 126th moved that the House reconsider its action in failing to give the requisite constitutional majority to SB 427. 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 Beasley-Teague N Benfield N Benton Y Black N Bordeaux Y Borders N Bridges N Brooks Y Brown N Bruce N Bryant N Buckner, D N Buckner, G Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers N Channell N Cheokas Y Coan E Cole Y Coleman, B N Coleman, T Y Cooper Y Cox N Crawford Y Cummings Y Davis Y Day N Dean Y Dickson N Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Graves, D Y Graves, T N Greene N Hanner E Harbin N Hatfield N Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Holt Y Horne N Houston N Howard, E N Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox N Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Lunsford Y Maddox Mangham Y Manning N Marin Y Martin E Maxwell Y May N McCall McClinton N Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris Y Mosby N Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock N Parham N Parrish N Parsons N Porter N Powell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Reese Rice N Roberts Rogers N 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 E Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T E Smith, V Y Smyre N Stanley-Turner Stephens N 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 N Wix Y Yates Richardson, Speaker 5112 JOURNAL OF THE HOUSE On the motion, the ayes were 81, nays 80. The motion prevailed. Representative Knight of the 126th moved that SB 427 be placed upon the table. The motion prevailed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 1127. By Senator Douglas of the 17th: A RESOLUTION urging the United States Department of Defense to take action to cause the commissary and post exchange located on Fort Gillem to remain open; and for other purposes. The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House: HB 344. By Representative Cummings of the 16th: A BILL to be entitled an Act to amend Code Section 47-7-101 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the Georgia Firefighters Pension Fund, withdrawal of application for benefits before approval, and reemployment, so as to provide that the benefits of a firefighter who returns to service after retirement may exceed his or her previous benefit after he or she has acquired one year's service after such reemployment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1238. By Representatives Rice of the 51st, Mills of the 25th, Ehrhart of the 36th, Hill of the 21st, Coan of the 101st and others: A BILL to be entitled an Act to amend Article 11 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to records and reports of currency transactions, so as to provide for an illegal immigrant fee with respect to money received for wire transmission; to provide for a short title; to TUESDAY, MARCH 28, 2006 5113 provide for procedures, conditions, and limitations; to provide for exceptions; to provide for legislative intent; to prohibit certain conduct to avoid or evade such fee; to provide for criminal penalties; to provide for powers, duties, and authority of the commissioner of banking and finance with respect to the foregoing; 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 343. By Representatives Borders of the 175th, Black of the 174th, Shaw of the 176th and Houston of the 170th: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Valdosta State University's Peach State Summer Theatre as Georgia's Official Musical Theatre; 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 462. By Senators Carter of the 13th, Kemp of the 46th, Hamrick of the 30th, Mullis of the 53rd and Miles of the 43rd: 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 for sheriffs, so as to place courthouse security under the authority of the sheriff; to require a courthouse security plan which shall be subject to the approval of the chief superior court judge; to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to remove courthouses and jails from the list of properties protected; 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 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for sheriffs, so as to place courthouse security under the authority of the sheriff; to require a courthouse security plan which shall be subject to the approval of the chief superior court judge; to provide for access to the security plan to 5114 JOURNAL OF THE HOUSE certain individuals; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to remove courthouses and jails from the list of properties protected; to provide that a budget for implementing security plans shall be subject to approval by the governing authority; to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to excluded proceedings, so as to provide for executive session for governing authorities to review security plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for sheriffs, is amended in Code Section 15-16-10, relating to duties of sheriffs and electronic storage, by striking "and" from the end of paragraph (8), by striking the period and inserting in its place "; and" at the end of paragraph (9), and by inserting a new paragraph (10) of subsection (a) to read as follows: "(10) To develop and implement a comprehensive plan for the security of the county courthouse and any courthouse annex. Prior to the implementation of any security plan, the plan shall be submitted for review by the chief judge of the superior court of the circuit wherein the courthouse or courthouse annex is located, who shall have 30 days to review such plan. The security plan may be accepted or modified by order of the superior court in order to facilitate the implementation by the sheriff. The sheriff shall provide to the county governing authority the estimated cost of such security plan and a schedule for implementation within 30 days of adoption of or revision to a security plan. A comprehensive plan for courthouse security shall be considered a confidential matter of public security. Review of a proposed security plan by the governing authority shall be excluded from the requirements of Code Section 50-14-1 and any such review shall take place in executive session as provided in Code Section 50-14-3. Such security plan shall also be excluded from public disclosure pursuant to paragraph (15) of subsection (a) of Code Section 50-18-72. The sheriff shall be the official custodian of the comprehensive courthouse security plan and shall determine who has access to such plan; provided, however, that the sheriff shall make the original security plan available upon request for temporary, exclusive review in the sheriff's office by any judge whose courtroom or chambers is located within the courthouse or courthouse annex or by any commissioner of the county in which the courthouse or courthouse annex is located. The sheriff shall be responsible to conduct a formal review of the security plan not less than every four years." SECTION 2. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-9-8, relating to the protection of county property by the sheriff, and inserting in its place a new Code Section 36-9-8 to read as follows: TUESDAY, MARCH 28, 2006 5115 "36-9-8. The courthouses, jails, public grounds, and other county property are placed in the keeping of the sheriff of the county, subject to the order of the county governing authority; and it is his or her duty to preserve them from injury or waste and to prevent intrusions upon them." SECTION 3. Said title is further amended by adding a new Code section to the end of Article 1 of Chapter 81, relating to local government budgets and audits, to read as follows: "36-81-11. The development and implementation of a security plan and all related technology pursuant to paragraph (10) of subsection (a) of Code Section 15-16-10 shall be subject to the annual budget approved for the office of the sheriff by the governing authority." SECTION 4. Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to excluded proceedings, is amended by striking paragraph (9) and inserting in lieu thereof the following: "(9) Meetings when discussing any records that are exempt from public inspection or disclosure pursuant to paragraph (15) of subsection (a) of Code Section 50-18-72, or when discussing any information a record of which would be exempt from public inspection or disclosure under said paragraph, or when reviewing or discussing any security plan under consideration pursuant to paragraph (10) of subsection (a) of Code Section 15-16-10." SECTION 5. This Act shall become effective on July 1, 2006. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Ralston of the 7th moves to amend the Committee substitute to SB 462 by striking lines 21 through 26 of page 1 and inserting in lieu thereof the following: the plan shall be submitted to the chief judge of the superior court of the circuit wherein the courthouse or courthouse annex is located for review. The chief judge shall have 30 days to review the original or any subsequent security plan. The chief judge may make modifications to the original or any subsequent security plan. The sheriff shall provide to the county governing authority the estimated cost of any security plan and a schedule for implementation 30 days prior to adoption of any security plan. A 5116 JOURNAL OF THE HOUSE By striking the words "in executive session" from line 4 of page 2. By inserting between the word "plan" and the semi-colon on line 7 of page 2 the following: and any such access and review shall occur in the sheriff's office or at a meeting of the county governing authority held as provided in paragraph (9) of Code Section 50-14-3 By striking the words "in the sheriff's office" from line 9 of page 2. 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 Y Barnard Y Barnes Y Bearden Beasley-Teague Benfield N Benton N Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown N Bruce N Bryant N Buckner, D N Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Crawford N Cummings Y Davis Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T N Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Hill, C.A N Holmes Y Holt N Horne Y Houston Y Howard, E Y Hudson N 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 N Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Mosley Y Mumford Y Murphy, J Y Murphy, Q N Neal Y Oliver O'Neal Y Orrock Y Parham N Parrish Y Parsons N Porter N Powell Y Ralston Y Randall N Ray N Reece, B Y Reece, S E Reese Y Rice Y Sailor Y Scheid Y Scott, A N Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C N Sims, F E Sinkfield Y Smith, B N Smith, L N Smith, P Y Smith, R Y Smith, T E Smith, V 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 N Williams, A Y Williams, E TUESDAY, MARCH 28, 2006 5117 Y Coleman, B Y Coleman, T Y Cooper Y Cox N Heckstall Y Hembree Y Henson Y Hill, C Y Maddox Mangham Y Manning Y Marin Y Roberts Rogers Y Royal Y Rynders Y Williams, R Y Wix N Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 129, nays 32. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. SB 503. By Senators Hamrick of the 30th and Hill of the 4th: A BILL to be entitled an Act to amend Chapter 21A of Title 15, Title 17, and Code Section 42-8-34.1 of the O.C.G.A., relating respectively to judicial accounting, criminal procedure, and to legal defense for indigents, requirements for revocation of probated or suspended sentence, so as to change certain provisions relating to the Georgia Public Defender Standards Council and the provision of legal services to indigent persons; to clarify that the application fee for indigent defense services is not a prerequisite to obtaining legal services; to specify the types of standards that shall be submitted to the General Oversight Committee for the Georgia Public Defender Standards Council; to change certain provisions relating to the budget for the Office of the Georgia Capital Defender; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 21A of Title 15 and Title 17 of the Official Code of Georgia Annotated, relating respectively to judicial accounting and criminal procedure, so as to change certain provisions relating to the Georgia Public Defender Standards Council and the provision of legal services to indigent persons; to clarify that the application fee for indigent defense services is not a prerequisite to obtaining legal services; to provide that such fee may be paid as a condition of probation; to define an indigent person with respect to the federal poverty level; to provide for staggered terms for the councilmembers of the Georgia Public Defender Standards Council; to change certain provisions relating to the standards created by the Georgia Public Defender Standards Council; to change certain provisions relating to guidelines for determining indigency; to change certain provisions relating to the budget of the council; to provide that public defenders shall not be authorized to utilize a badge, shield, or similar item; to change certain provisions relating to public defenders; to change certain provisions relating to 5118 JOURNAL OF THE HOUSE contracting with the Department of Administrative Services for personnel paid by local governments; to change certain provisions relating to the budget for the Office of the Georgia Capital Defender; 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 21A of Title 15 of the Official Code of Georgia Annotated, relating to judicial accounting, is amended by striking subsections (b) and (e) of Code Section 15-21A-6, relating to additional filing fees and application fee for free legal services, and inserting in lieu thereof the following: "(b) Any person who applies for or receives legal defense services under Chapter 12 of Title 17 shall pay the entity providing the services a single fee of $50.00 for the application for, receipt of, or application for and receipt of such services. The application fee may not be imposed if the payment of the fee is waived by the court. The court shall waive the fee if it finds that the applicant is unable to pay the fee or that hardship will result if the fee is charged. If the application fee required by this subsection has not been paid or waived at the time the defendant is sentenced, the court shall impose such fee as a condition of probation." "(e) A public entity other than an entity providing legal defense services under Chapter 12 of Title 17 may charge, in addition to any other fee or surcharge authorized by law, a $50.00 application fee unless waived by the court for inability to pay or hardship. If the application fee required by this subsection has not been paid or waived at the time the defendant is sentenced, the court shall impose such fee as a condition of probation. 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." SECTION 2. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Chapter 10, relating to sentence and punishment, by adding a new Code section to read as follows: "17-10-8.1. In any case in which a defendant receives legal defense services pursuant to Chapter 12 of Title 17 where the defendant has not paid the application fee required by Code Section 15-21A-6 and the court has not waived such fee at the time of sentencing, the court shall impose such fee as a condition of probation." SECTION 3. Said title is further amended by striking Code Section 17-12-2, relating to definitions, and inserting in lieu thereof the following: TUESDAY, MARCH 28, 2006 5119 "17-12-2. As used in this chapter, the term: (1) 'Assistant public defender' means an attorney who is employed by any circuit public defender or conflict defender office. (2) 'Circuit public defender' means the head of a public defender office providing indigent defense representation within any given judicial circuit of this state. (3) 'Circuit public defender office' means the office of any of the several circuit public defenders. (4) 'Council' means the Georgia Public Defender Standards Council. (5) 'Indigent person' or 'indigent defendant' means: (A) A person charged with a misdemeanor, violation of probation, or a municipal, county, or juvenile offense punishable by imprisonment who earns or, in the case of a juvenile, whose parents earn, less than 125 percent of the federal poverty guidelines unless there is evidence that the person has other resources that might reasonably be used to employ a lawyer without undue hardship on the person or his or her dependents; and (B) A person charged with a felony who earns or, in the case of a juvenile, whose parents earn, less than 150 percent of the federal poverty guidelines unless there is evidence that the person has other resources that might reasonably be used to employ a lawyer without undue hardship on the person or his or her dependents. In no case shall a person whose maximum income level exceeds 150 percent of the federal poverty level or, in the case of a juvenile, whose household income exceeds 150 percent of the federal poverty level be an indigent person or indigent defendant. (6) 'Public defender' means an attorney who is employed in a circuit public defender office or conflict defender office or who represents an indigent person pursuant to this chapter." SECTION 4. Said title is further amended by striking Code Section 17-12-3, relating to the Georgia Public Defender Standards Council's creation and membership, and inserting in lieu thereof the following: "17-12-3. (a) There is created the Georgia Public Defender Standards Council to be composed of 11 members. (b) Ten members The membership of the council shall be appointed as follows: (1) Two members shall be appointed by the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court of Georgia, and the Chief Judge of the Georgia Court of Appeals as further set forth in paragraph (2) of this subsection. The members of the council shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. The These members shall serve terms of four years; provided, however, that the members appointed from the even-numbered 5120 JOURNAL OF THE HOUSE judicial administration circuits shall serve initial terms of six years and thereafter shall serve terms of four years; (2) The members appointed pursuant to paragraph (1) of this subsection shall be chosen so that each of the ten judicial administration districts in the state is represented and so that each appointing authority shall rotate the particular judicial administration district for which he or she is responsible for appointing. The appointments shall be as follows: (A) For the initial appointments: (i) The Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (B) For the first subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (C) For the second subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; TUESDAY, MARCH 28, 2006 5121 (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (D) For the third subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; and (E) For the fourth subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8. All subsequent appointments shall continue on, with the entire cycle starting over again as specified in subparagraph (A) of this paragraph; (3) In addition, there the eleventh member shall be one circuit public defender who shall serve on the council. After the initial appointments as set forth in paragraph (4) 5122 JOURNAL OF THE HOUSE of this subsection, the circuit public defender to serve on the council shall be elected by a majority vote of all the circuit public defenders. The circuit public defender councilmember shall serve terms of two years; (4) All initial appointments shall be made to become members of the council on July 1, 2003, and their successors shall become members of the council on July 1 following their appointment. The initial appointees from the even-numbered judicial administration circuits shall serve until June 30, 2009. Notwithstanding the provisions of paragraph (3) of this subsection, the initial member representing the circuit public defenders shall be made by the Supreme Court of Georgia. The person representing the circuit defender position on the initial council shall be engaged on a full-time basis in the provision of criminal defense to the indigent; (5) Any vacancy for a member appointed pursuant to paragraphs (1) and (2) of this subsection shall be filled by the appointing authority, and such appointee shall serve the balance of the vacating member's unexpired term; and (6) Any vacancy for a member appointed pursuant to paragraph (3) of this subsection shall be the successor to the circuit public defender as set forth in subsection (d) of Code Section 17-12-20. (c) In making these appointments, the appointing authorities shall seek to identify and appoint persons who represent a diversity of backgrounds and experience and shall solicit suggestions from the State Bar of Georgia, state and local bar associations, the Georgia Association of Criminal Defense Lawyers, the councils representing the various categories of state court judges in Georgia, and the Prosecuting Attorneys Council of the State of Georgia, as well as from the public and other interested organizations and individuals within the state. The appointing authorities shall not appoint a prosecuting attorney as defined in paragraph (6) of Code Section 19-13-51, any employee of a prosecuting attorney's office, or an employee of the Prosecuting Attorneys Council of the State of Georgia to serve on the council. (d) This Code section shall become effective on July 1, 2003, for purposes of making the initial appointments to the council." SECTION 5. Said title is further amended by striking paragraph (8) of subsection (b) of Code Section 17-12-8, relating to approval by the Georgia Public Defender Standards Council of programs for representation of indigents and development of standards, and inserting in lieu thereof the following: "(8) Standards for determining indigence and for assessing and collecting the costs of legal representation and related services;" SECTION 6. Said title is further amended by striking subsection (a) of Code Section 17-12-24, relating to guidelines for determining indigency, and inserting in lieu thereof the following: "(a) The council shall establish guidelines for determining the financial eligibility of persons claiming indigence, and the circuit public defender and any other person or TUESDAY, MARCH 28, 2006 5123 entity providing indigent defense services shall use the guidelines to determine the financial eligibility of any person or juvenile arrested, detained, or charged in any manner in accordance with the definition of an indigent person set forth in Code Section 17-12-2 that would entitle him or her to representation under this article chapter." SECTION 7. Said title is further amended by striking subsection (b) of Code Section 17-12-26, relating to the budget of the council, and inserting in lieu thereof the following: "(b) The budget of the council shall include the budget of all circuit public defenders and other offices and entities, including conflict defender offices and appointed attorneys providing indigent defense representation under the authority of this article and the multicounty public defender office Office of the Georgia Capital Defender and the office of the mental health advocate." SECTION 8. Said title is further amended by striking subsection (g) of Code Section 17-12-27, relating to the appointment of assistant public defenders, salary, and promotions, and inserting a new subsection (g) to read as follows: "(g) All full-time state paid employees of the office of the circuit public defender shall be state employees in the unclassified service of the State Merit System of Personnel Administration with all benefits of such appointed state employees as provided by law. A circuit public defender, assistant public defender, or local public defender may be issued an employee identification card by his or her employing agency; provided, however, no employer of any such public defender shall issue nor shall any public defender display, wear, or carry any badge, shield, card, or other item that is similar to a law enforcement officers badge or that could be reasonably construed to indicate that the public defender is a peace officer or law enforcement official." SECTION 9. Said title is further amended by striking Code Section 17-12-32, relating to contracting with the Department of Administrative Services for personnel paid by local governments, and inserting in lieu thereof the following: "17-12-32. The governing authority of any county or municipality within the judicial circuit which provides additional personnel for the office of circuit public defender may contract with the Department of Administrative Services council to provide such additional personnel in the same manner as is provided for state paid personnel in this article. Any such personnel shall be considered state employees and shall be entitled to the same fringe benefits as other state paid personnel employed by the circuit public defender pursuant to this article. The governing authority of such county or municipality shall transfer to the department council such funds as may be necessary to cover the compensation, benefits, travel, and other expenses for such personnel." 5124 JOURNAL OF THE HOUSE SECTION 10. Said title is further amended by striking Code Section 17-12-124, relating to the budget for the Office of the Georgia Capital Defender, and inserting in lieu thereof the following: "17-12-124. The council shall prepare an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year of this state. The budget shall be submitted by the capital defender to the council and for Fiscal Year 2005 and thereafter shall include the proposed budget for representation of all indigent persons accused of a capital felony for which the death penalty is or is likely to be sought." 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. 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 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 Y Burmeister Y Burns 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 Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Freeman Y Gardner Y Geisinger Y Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard, E 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 Knight Y Knox Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris Y 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 Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M TUESDAY, MARCH 28, 2006 5125 Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell 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 N Heckstall Y Hembree Y Henson Y Hill, C 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 Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Reece, S E Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 151, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 610. By Senators Moody of the 56th, Balfour of the 9th, Starr of the 44th, Thomas of the 54th and Chance of the 16th: A BILL to be entitled an Act to amend Code Section 20-2-2065 of the Official Code of Georgia Annotated, relating to waiver of provisions of Title 20 for charter schools, requirements for operating charter schools, and the control and management of charter schools, so as to provide that nothing shall preclude the use of computer and Internet based instruction for students in a virtual or remote setting; 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: N Abdul-Salaam Y Amerson E Anderson N Ashe Y Barnard N Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black N Bordeaux Y Borders Crawford N Cummings Y Davis Day Y Dean Y Dickson N Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Hill, C.A N Holmes Y Holt Y Horne N Houston N Howard, E Y Hudson N Hugley N Jackson Y Jacobs N James N Jamieson Y Jenkins Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills N Mitchell Y Morgan Y Morris N Mosby Y Mosley Y Sailor Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Sims, C N Sims, F E Sinkfield Y Smith, B Y Smith, L Smith, P 5126 JOURNAL OF THE HOUSE 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 Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox Y Everson 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 Hatfield Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Jennings Y Johnson Jones, J N Jones, S Jordan Y Keen Y Keown N Kidd Knight Y Knox 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 Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall Ray N Reece, B Reece, S E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, R Y Smith, T E Smith, V N Smyre Y 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 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 104, nays 52. The Bill, having received the requisite constitutional majority, was passed. SB 419. By Senators Harp of the 29th, Hudgens of the 47th, Shafer of the 48th, Tolleson of the 20th and Bulloch of the 11th: A BILL to be entitled an Act to amend Article 2 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to setoff of debt collection against lottery prizes, so as to provide a method to recover delinquent child support payments from certain lottery proceeds; to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to require the child support enforcement agency to present claims for delinquent child support with the Georgia Lottery Corporation for the protection of the interest of the state and families owed delinquent due child support; to change certain provisions relating to said articles; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. The following amendment was read and ruled out of order: Representatives Bordeaux of the 162nd and Lunsford of the 110th move to amend SB 419 as follows: TUESDAY, MARCH 28, 2006 5127 On page 1, line 17 delete "$2,500.00" and insert "$600.00". The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden 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 Y Cooper Y Cox Y Crawford Y Cummings Y Davis Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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, E 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 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 N Lucas Y Lunsford Y Maddox Y Mangham Y Manning Marin Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar 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 E Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 160, nays 1. The Bill, having received the requisite constitutional majority, was passed. 5128 JOURNAL OF THE HOUSE Representative Rice of the 51st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 1373. By Representatives Harbin of the 118th, Burkhalter of the 50th and Keen of the 179th: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to financial affairs, and Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to change provisions relating to the state budget process and budgetary information; to repeal the creation of the Budgetary Responsibility Oversight Committee and matters relative thereto; to provide for certain reports with respect to federal funds and other agency funds; to repeal certain duties and responsibilities of the Budgetary Responsibility Oversight Committee; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to financial affairs, and Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to change provisions relating to the state budget process and budgetary information; to repeal the creation of the Budgetary Responsibility Oversight Committee and matters relative thereto; to provide for certain reports with respect to federal funds and other agency funds; to repeal certain duties and responsibilities of the Budgetary Responsibility Oversight Committee; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to financial affairs, is amended by striking in its entirety Code Section 28-5-5, relating to the Budgetary Responsibility Oversight Committee, and inserting in lieu thereof the following: "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 TUESDAY, MARCH 28, 2006 5129 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 prepare written executive summaries of such report prior to the adoption of the General Appropriations Act each year. The committee shall not be required to distribute copies of the annual report or the executive summaries to the members of the General Assembly but shall notify the members of the availability of the materials in the manner which it deems to be most effective and efficient. (g) The members of the committee shall receive the allowances authorized for legislative members of legislative committees. The funds necessary to pay such 5130 JOURNAL OF THE HOUSE 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.Reserved." SECTION 2. Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, is amended by striking in its entirety Code Section 45-12-75.1, relating to the annual continuation budget report, and inserting in lieu thereof the following: "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 prepare a list of all programs included in the continuation budget report for each department examined as well as actions recommended, if any, by the committee. Within one week of the convening of each regular session of the General Assembly, the committee shall notify the members of the availability of the list in the manner which it deems to be most effective and efficient. (d) It is the intent of this Code section to examine all state departments not less than once every five years.Reserved." SECTION 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 45-12-85, relating to examination and investigation of periodic work programs and requests for allotment of funds, and inserting in lieu thereof the following: "(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 TUESDAY, MARCH 28, 2006 5131 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 Office of Legislative Budget Analyst and the Budgetary Responsibility Oversight Committee director of the House Budget Office and the director of the Senate Budget and Evaluation Office of any such action with appropriate supporting information." SECTION 4. Said chapter is further amended by striking in its entirety Code Section 45-12-88, relating to budget units to furnish information to the Budgetary Responsibility Oversight Committee before instituting new programs, and inserting in lieu thereof the following: "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 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 organization's 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 fullyReserved." SECTION 5. Said chapter is further amended by inserting after Code Section 45-12-91, relating to appropriation of federal funds received by the state, a new Code Section 45-12-91.1 to read as follows: "45-12-91.1. (a) The state accounting officer shall provide an annual report as specified in subsection (b) of this Code section to the Lieutenant Governor, the President Pro Tempore of the Senate, the Speaker and Speaker Pro Tempore of the House of Representatives, the chairperson of the Senate and House appropriations committees, the director of the Senate Budget and Evaluation Office, and the director of the House Budget Office. The annual report shall be filed with these officers by January 31, 2007, and by December 31 of each subsequent year. (b) The annual report shall include a detailed statement of the itemized allotments and expenditures of federal funds by programs as distributed by agency and by Catalog of Federal Domestic Assistance numbers. The annual report shall also include a detailed statement of the itemized allotments and expenditures of agency funds by programs as 5132 JOURNAL OF THE HOUSE distributed by agency. The annual report shall also include by agency the balance of unspent federal funds and agency funds." SECTION 6. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 45-12-175, relating to preparation of long-range development plans by office and designation of planning officer or representative by departments, agencies, or institutions, and inserting in lieu thereof the following: "(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 7. Said chapter is further amended by striking in its entirety Code Section 45-12-178, relating to ongoing review by the Governor of all programs and functions in state government, and inserting in lieu thereof the following: "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 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. TUESDAY, MARCH 28, 2006 5133 The chairperson shall provide the list, and any subsequent revisions to the list, to the director of the Governor's 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 program's 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. (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 5134 JOURNAL OF THE HOUSE 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 department's progress at reasonable intervals.Reserved." SECTION 8. 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 1373. The motion prevailed. HB 1372. By Representative Harbin of the 118th: A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide for the introduction and consideration of bills impacting the state health benefit plans; 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 31-5A-3 of the Official Code of Georgia Annotated, relating to powers, functions, and duties of the Board of Community Health, so as to add additional members to the board for certain purposes; to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide an exemption from the eight-year service requirement for correctional officers injured by inmate violence when five years or less from becoming eligible for medicare medical coverage; to provide for the introduction and consideration of bills impacting the state health benefit plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: TUESDAY, MARCH 28, 2006 5135 SECTION 1. Code Section 31-5A-3 of the Official Code of Georgia Annotated, relating to powers, functions, and duties of the Board of Community Health, is amended by striking subsections (a) and (b) and inserting in lieu thereof new subsections (a) and (b) to read as follows: "(a) There is created the Board of Community Health which shall establish the general policy to be followed by the Department of Community Health. The powers, functions, and duties of the Board of Medical Assistance as they existed on June 30, 1999, with regard to the Department of Medical Assistance, and the powers, functions, and duties of the State Personnel Board as they existed on June 30, 1999, with regard to the state health benefit plan, are transferred to the Board of Community Health effective July 1, 1999. The board shall consist of nine members appointed by the Governor and confirmed by the Senate. In addition to the nine regular members of the board, the Governor shall appoint, subject to confirmation by the Senate, two additional members who receive health benefits from the State Health Benefit Plan, one of whom shall also be a member of the Teachers Retirement System of Georgia. Such additional members shall have the right to attend meetings of the board and to vote on matters before the board concerning state health benefit plans. (b) The Governor shall designate the initial terms of the nine regular members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term. The Governor shall also designate the initial terms of the two additional members appointed pursuant to subsection (a) of this Code section, one of whom shall have an initial term of two years and one of whom shall have an initial term of three years. Thereafter, all succeeding appointments for such additional members shall be for three-year terms from the expiration of the previous term." SECTION 2. Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, is amended striking Code Section 45-18-5, relating to county officers and employees, and inserting in lieu thereof a new Code Section 45-18-5 to read as follows: "45-18-5. (a) The board is authorized to contract with the various counties of this state for the inclusion of the employees of any county within any health insurance plan or plans established under this article. The various counties of this state are authorized to contract with the board as provided in this Code section. In the event that any such contract is entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its employees such payment as may be required under any health insurance plan and to remit the same to the board for inclusion in the health insurance fund. In addition, it shall be the duty of such county or counties to make the employer contributions required for the operation of such plan or 5136 JOURNAL OF THE HOUSE plans. Should such county or counties fail to remit such deductions or such employer contributions, the commissioner may, upon written notice to such county or counties, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. (b) County officials may elect to be included in a health insurance plan, health maintenance organization, or other health benefits plan offered or provided by a county for its county officials or any health plan or plans established under this article. The governing authority of a county may elect by majority vote to provide for payment in a uniform manner of any portion, all, or none of the employer contributions for or required premiums or payments due from the county officials or former county officials who under this Code section are eligible for inclusion in the health plan or plans established under this article. The board is authorized to contract with the County Officers Association of Georgia on behalf of the various counties of this state for the inclusion in any health insurance plan or plans established under this article of officials, spouses, and dependents of officials serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority and officials, spouses, and dependents of officials leaving office on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority. The County Officers Association of Georgia is authorized to contract with the board as provided in this Code section. In the event that such a contract is entered into, it shall be the duty of the County Officers Association of Georgia to collect from the various counties of this state with which it has contracted under this subsection and remit to the board such payment as may be required under any health insurance plan for inclusion in the health insurance fund. The County Officers Association of Georgia may add a reasonable fee to the premiums required under the plan to cover necessary administrative costs. In addition, it shall be the duty of the County Officers Association of Georgia to maintain and remit to the board accurate records of official, dependent, and other information required by the board to administer this Code section. Should the County Officers Association of Georgia fail to remit such payment, the commissioner may, upon written notice to the County Officers Association of Georgia, terminate the coverage for such officials as of the day following the last day for which such payment was remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. (c) The various counties of this state are authorized to contract with the County Officers Association of Georgia for the inclusion in any health insurance plan or plans established under this article of officials, spouses, and dependents of officials serving in TUESDAY, MARCH 28, 2006 5137 one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority and officials, spouses, and dependents of officials leaving office on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority. The County Officers Association of Georgia is authorized to contract with the various counties of the state as provided in this Code section. In the event that any such contracts are entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its officials and otherwise collect from former officials such payment as may be required under any health insurance plan and to remit the same to the County Officers Association of Georgia for payment to the board. To the extent employer contributions are not fully made by a county, it shall be the duty of the covered officials and former officials to make such employer contributions required on their behalf for the operation of such plan or plans. Should the County Officers Association of Georgia fail to remit such payment, the commissioner may, upon written notice to the County Officers Association of Georgia, terminate the coverage for such officials as of the day following the last day for which such payment was remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. (c.1) Any local board of education may elect for members thereof and their spouses and dependents to be included in any health plan or plans established under Code Section 20-2-918. It shall be the duty of any local boards of education so electing to deduct from the salary or other compensation of its members such payment as may be required under paragraph (1) of subsection (b) of Code Section 20-2-55 and to remit the same to the health insurance fund created under Code Section 20-2-918. Should any local board of education fail to remit such payment to the board, the provisions of subsection (b) of Code Section 20-2-920 shall be applicable to such nonpayment. (d) In administering this Code section, it shall be the responsibility of the board to develop rates for coverage based on the actual claims experience of the individuals covered by this Code section. The board shall require a bond satisfactory to the commissioner to assure the contractual performance of any entities with which it contracts under this Code section. (e) Nothing in this Code section shall preclude the exercise of any options or rights otherwise available to such county officers or members of local boards of education under other state or federal laws which relate to extension or continuation of health benefits." SECTION 3. Said chapter is further amended by striking Code Section 45-18-5.1, relating to licensed 5138 JOURNAL OF THE HOUSE blind or otherwise seriously disabled vendors, and inserting in lieu thereof a new Code Section 45-18-5.1 to read as follows: "45-18-5.1. The Department of Labor is authorized to contract with the Georgia Cooperative Services for the Blind, Inc., a nominee agent designated by the Division of Rehabilitation Services of the Department of Labor, for the inclusion of licensed blind persons or other persons with disabilities operating a vending facility in accordance with Article 2 of Chapter 15 of Title 34 within any health insurance plan or plans established under this article. In the event any contract is entered into, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to deduct the payment required under the plan from the earnings or other compensation of licensed blind persons or other persons with disabilities and remit it to the Department of Labor for inclusion in the health insurance fund. In addition, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to make the employer contributions required for the operation of such plan or plans. Should the Georgia Cooperative Services for the Blind, Inc., fail to remit such deductions or such employer contributions through the Department of Labor, the commissioner may, upon written notice to the Georgia Cooperative Services for the Blind, Inc., terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted." SECTION 4. Said chapter is further amended by striking Code Section 45-18-5.2, relating to sheltered employment center employees, and inserting in lieu thereof a new Code Section 45-185.2 to read as follows: "45-18-5.2. The board is authorized to contract with public and private nonprofit sheltered employment centers which contract with or employ persons within the Division of Rehabilitation Services of the Department of Labor and the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources for the inclusion of employees working in the sheltered employment centers within any health insurance plan or plans established under this article. The board is authorized to adopt regulations for entering into any contract. In the event any contract is entered into, it shall be the duty of the sheltered employment center to remit any funds that may be deducted from the earnings or other compensation of such sheltered employees for inclusion in the health insurance fund. In addition, it shall be the duty of the sheltered employment center to make the employer contributions required for the operation of such plan or plans. Should the sheltered employment center fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the sheltered employment center, terminate the coverage for such employees as of the day following the last day for which such deductions or such TUESDAY, MARCH 28, 2006 5139 employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted." SECTION 5. Said chapter is further amended by striking Code Section 45-18-7.1, relating to employees of the Georgia Development Authority, and inserting in lieu thereof a new Code Section 45-18-7.1 to read as follows: "45-18-7.1. The board is authorized to contract with the Georgia Development Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Development Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Development Authority to deduct from the salary or other remuneration of its employees such payment as may be required under the board's regulations. In addition, it shall be the duty of the Georgia Development Authority to make the employer contributions required for the operation of such plan or plans. Should the Georgia Development Authority fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Georgia Development Authority, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted." SECTION 6. Said chapter is further amended by striking Code Section 45-18-7.2, relating to Agrirama Development Authority employees, and inserting in lieu thereof a new Code Section 4518-7.2 to read as follows: "45-18-7.2. The board is authorized to contract with the Georgia Agrirama Development Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Agrirama Development Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Agrirama Development Authority to deduct from the salary or other remuneration of its employees such payment as may be required under the board's regulations. In addition, it shall be the duty of the Georgia Agrirama Development Authority to make the employer contributions required for the operation of such plan or plans. Should the Georgia Agrirama Development Authority fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Georgia Agrirama Development Authority, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted." 5140 JOURNAL OF THE HOUSE SECTION 7. Said chapter is further amended by striking Code Section 45-18-7.3, relating to employees of Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, and Sheriffs Retirement Fund of Georgia, spouses, and dependent children, and inserting in lieu thereof a new Code Section 45-18-7.3 to read as follows: "45-18-7.3. The board is authorized to contract with the Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, and the Sheriffs Retirement Fund of Georgia for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of said Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, and Sheriffs Retirement Fund of Georgia and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of said Peace Officers Annuity Benefit Fund, Georgia Firefighters Pension Fund, and Sheriffs Retirement Fund of Georgia to deduct from the salary or other remuneration of their employees such payment as may be required under the board's regulations. In addition, it shall be the duty of said Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, and Sheriffs Retirement Fund of Georgia to make the employer contributions required for the operation of such plan or plans. Should the Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, or Sheriffs Retirement Fund of Georgia fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, or Sheriffs Retirement Fund of Georgia, as the case may be, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted." SECTION 8. Said chapter is further amended by striking Code Section 45-18-7.5, relating to employees of Georgia Housing and Finance Authority, spouses, and dependent children, and inserting in lieu thereof a new Code Section 45-18-7.5 to read as follows: "45-18-7.5. The board is authorized to contract with the Georgia Housing and Finance Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Housing and Finance Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Housing and Finance Authority to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees, retired employees, or dependents as may be required under the board's regulations. In addition, it shall be the duty of the Georgia Housing and Finance Authority to make the employer contributions required for the operation of such plan or plans. Should the Georgia Housing and Finance Authority fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written TUESDAY, MARCH 28, 2006 5141 notice to the Georgia Housing and Finance Authority, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted." SECTION 9. Said chapter is further amended by striking Code Section 45-18-7.6, relating to employees of Georgia-Federal State Inspection Service, spouses, and dependent children, and inserting in lieu thereof a new Code Section 45-18-7.6 to read as follows: "45-18-7.6. The board is authorized to contract with the Georgia-Federal State Inspection Service for the inclusion in any health insurance plan or plans established under this article of the state employees of, retiring employees of, and employees who retired under the Employees Retirement System of Georgia on or before July 1, 2000, from the GeorgiaFederal State Inspection Service and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia-Federal State Inspection Service to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees or dependents as may be required under the board's regulations. In addition, it shall be the duty of the Georgia-Federal State Inspection Service to make the employer contributions required for the operation of such plan or plans. Should the Georgia-Federal State Inspection Service fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Georgia-Federal State Inspection Service, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted." SECTION 10. Said chapter is further amended by striking Code Section 45-18-7.7, relating to employees and dependents of critical access hospitals in health plans, and inserting in lieu thereof a new Code Section 45-18-7.7 to read as follows: "45-18-7.7. (a) The board is authorized to contract with any public or nonprofit critical access hospital that meets such requirements as the department may establish for the inclusion of the employees and dependents of such critical access hospitals in any health plan established under this article. It shall be the duty of such critical access hospital to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees as may be required under the board's regulations. In addition, it shall be the duty of such critical access hospital to make the employer contributions required for the operation of such plan. Should any critical access hospital fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to such critical access hospital, terminate the coverage for such 5142 JOURNAL OF THE HOUSE employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. (b) The board is authorized to contract with any federally qualified health center, as defined in Section 1395x(aa)(4) of Title 42 of the United States Code Annotated, that meets such requirements as the department may establish for the inclusion of the employees and dependents of such federally qualified health centers in any health plan established under this article. It shall be the duty of the federally qualified health center to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees as may be required under the board's regulations. In addition, it shall be the duty of such federally qualified health center to make the employer contributions required by the board for the operation of such plan. The department shall make a determination, no later than January 1, 2005, as to whether a federally qualified health center is an agency or instrumentality of the State of Georgia. In the event that the department determines that such centers are agencies or instrumentalities of the State of Georgia, then all employees and dependents of such centers shall be eligible for inclusion in the state employees health insurance plan. Should any such federally qualified health center fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to such federally qualified health center, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. (c) The authority granted to the board pursuant to Code Sections 45-18-5.1, 45-18-5.2, 45-18-7.1, 45-18-7.2, 45-18-7.3, 45-18-7.5, and 45-18-7.6; by this Code section; or by any other provision of this article may be exercised only upon a determination by the department that the employer is an agency or instrumentality of the State of Georgia or, if the department determines that such entities are not agencies or instrumentalities of the State of Georgia, then employees and dependents of such entities may be included in the state employees health insurance plan up to the point that such health plan would not be able to retain its exempt status under the federal Employee Retirement Income Security Act of 1974." SECTION 11. Said chapter is further amended by adding a new subsection (c) to Code Section 45-1810, relating to the right of continuation of insurance benefits for former state employees, to read as follows: "(c) Any other provision of this article to the contrary notwithstanding, any employee who is injured by an act of inmate violence while he or she is employed as a correctional officer in a correctional facility in this state and is five years or less from becoming eligible for medicare medical coverage shall be exempt from the eight or more years of service requirement and shall be entitled to continue full coverage and participation, including coverage for his or her spouse and dependent children, in the TUESDAY, MARCH 28, 2006 5143 health insurance plan upon the payment of the monthly premium fixed by the board for active state employees. The first monthly premium provided for in this subsection must be paid within 30 days following receipt of a notice of premium to be sent to such person by the commissioner. If such premium is not paid within such time limit, such insurance coverage shall be canceled and such person shall not again be eligible to participate in such plan." SECTION 12. Said chapter is further amended by striking Code Section 45-18-16, relating to certification to departments and other entities of the state of employer payment percentage for ensuing fiscal year, and inserting in lieu thereof a new Code Section 4518-16 to read as follows: "45-18-16. On or before June 1 of each year Not less than 30 days prior to the commencement of the plan year, the commissioner of community health shall certify to the director or chief administrative officer of each state department, bureau, institution, board, commission, or authority having employees covered by this article the amount of percentage adopted by the board as employer payments for the ensuing fiscal year; and they shall, in their annual budget, make provisions for funds with which to pay the board the required employer payments." SECTION 13. Said chapter is further amended by adding a new Article 7 to read as follows: "ARTICLE 7 45-18-121. 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 health benefit plan 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 health benefit plan such as mortality, withdrawal, disability, and retirement; changes in compensation and offered postemployment 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 health benefit plan 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. 5144 JOURNAL OF THE HOUSE (4) 'Actuarial investigation' means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values of a health benefit plan. (5) 'Actuarial present value' 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. (6) 'Actuarially sound' means that calculated contributions to the health benefit plan are sufficient to pay the full actuarial cost of the plan. 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) 'Amendment' means any amendment, including a substitute bill, made to a health benefit bill by any committee of the House of Representatives or the Senate or by the House of Representatives or the Senate. (8) 'Health benefit 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, 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, and any other health benefit plan that may be created on or after July 1, 2006. (9) 'Health benefit bill having a fiscal impact' means any health benefit bill creating or establishing a health benefit plan and any other health benefit bill other than a nonfiscal health benefit bill. (10) 'LC number' means that number preceded by the letters 'LC' assigned to a bill by the Office of Legislative Counsel when that office prepares a bill for a member of the General Assembly. (11) 'Nonfiscal amendment' means an amendment to a health benefit bill having a fiscal impact, which amendment does not change any factor of an actuarial investigation specified in subsection (a) of Code Section 45-18-127. (12) 'Nonfiscal health benefit bill' means a health benefit bill which does not affect the cost or funding factors of a health benefit plan or a health benefit bill which affects such factors only in a manner which does not: (A) Grant a benefit increase under the health benefit plan affected by the bill; (B) Create an actuarial accrued liability for or increase the actuarial accrued liability of the health benefit plan affected by the bill; or (C) Increase the normal cost of the health benefit plan affected by the bill. 'Nonfiscal health benefit bill' also means a health benefit bill which removes a group or groups of employees, retired employees, spouses, and dependents from eligibility for coverage or which removes requiring provision of certain benefits or coverage of certain procedures or which provides for any combination of the foregoing. (13) 'Normal cost' means that portion of the actuarial present value of the health benefit plan obligations and expenses which is allocated to a valuation year by the TUESDAY, MARCH 28, 2006 5145 actuarial cost method used for the plan. (14) 'Reduction in cost amendment' means an amendment to a health benefit bill having a fiscal impact which reduces the cost of the bill as such cost is determined by the actuarial investigation for the bill prepared pursuant to Code Section 45-18-127. 45-18-122. No health benefit bill may be introduced by any member of the General Assembly unless, at the time of its introduction, the bill has printed thereon in the upper right portion of each page of the bill an LC number. Once a health benefit bill is presented by the Office of Legislative Counsel to a member of the General Assembly, neither the Office of Legislative Counsel nor any person shall make any change in the health benefit bill prior to its introduction into the General Assembly unless the bill is returned to the Office of Legislative Counsel and that office assigns a new LC number to the bill. 45-18-123. As a condition precedent to the introduction of any health benefit bill, the member of the General Assembly who intends to be the primary sponsor of the bill must present an exact copy of the proposed bill, which must bear an LC number, to the state auditor. The state auditor shall determine whether the proposed bill is a health benefit bill having a fiscal impact or a nonfiscal health benefit bill and provide a written certification of that determination to the member of the General Assembly who intends to be the primary sponsor of the bill. Such certification shall specifically identify the proposed bill by reference to the LC number. If the proposed bill is introduced into the General Assembly, it shall have attached thereto the original certification of the state auditor. If the LC number on the bill as offered for introduction is different from the LC number shown on the state auditor's certification or if the bill as offered for introduction does not bear an LC number on each page of the bill, the bill may not be accepted for introduction by the Clerk of the House of Representatives or the Secretary of the Senate, and the bill may not be considered by any committee of the House of Representatives or the Senate or by the House of Representatives or the Senate. If the bill is certified as a health benefit bill having a fiscal impact, its introduction shall also be limited by the provisions of subsection (a) of Code Section 45-18-125. 45-18-124. (a) A nonfiscal health benefit bill may be introduced at any time during the first 20 days of any regular session of the General Assembly. After its introduction into the General Assembly, a nonfiscal health benefit bill may not be amended in any manner to cause the bill to become a health benefit bill having a fiscal impact. Any amendment to such a bill shall be submitted to the state auditor by the chairperson of the committee, if a committee amendment, or by the presiding officer of the House of Representatives or Senate if the amendment was made by the House of Representatives or Senate. If the state auditor certifies in writing that the amendment does not cause the bill to become a 5146 JOURNAL OF THE HOUSE health benefit bill having a fiscal impact, the bill, as amended, may continue in the legislative process as any other bill. If the state auditor will not issue such a certification for the amendment, the bill's progress in the legislative process will end, and the bill shall not be considered further by either the House of Representatives or the Senate, and, if passed by the General Assembly, the bill shall not become law and shall stand repealed in its entirety on the first day of July immediately following its enactment. (b) An amendment to a nonfiscal health benefit bill which is prohibited by subsection (a) of this Code section may be withdrawn by the committee which made the amendment, if a committee amendment, or by the Senate, if that body made the amendment, or by the House of Representatives, if that body made the amendment. If the amendment is withdrawn, the bill may continue in the legislative process as any other bill, unless it is subsequently amended, and, in that event, this Code section shall apply to the subsequent amendment. (c) A nonfiscal health benefit bill which is not amended during the legislative process may be considered as any other bill. 45-18-125. (a) Any health benefit bill having a fiscal impact may be introduced in the General Assembly only during the regular session which is held during the first year of the term of office of members of the General Assembly. Any such health benefit bill may be passed by the General Assembly only during the regular session which is held during the second year of the term of office of members of the General Assembly. (b) When a health benefit bill having a fiscal impact is introduced, it shall be assigned by the presiding officer of the House of Representatives or the Senate, as the case may be, to the respective House of Representatives or Senate standing committee on appropriations. If a majority of the total membership of the appropriate committee is opposed to the bill on its merits, no actuarial investigation provided for in Code Section 45-18-127 shall be necessary, and the bill shall not be reported out by the committee and shall not be adopted or considered by the House of Representatives or Senate. If a majority of the committee wishes to consider the bill further and votes in favor of an actuarial investigation of the bill, an actuarial investigation shall be required as provided in Code Section 45-18-127. Except as otherwise provided by subsection (c) of this Code section, no health benefit bill having a fiscal impact may be reported out of the committee to which it is assigned or may be considered or adopted by the House of Representatives or Senate unless an actuarial investigation of the bill is made. (c) The committee to which a health benefit bill having a fiscal impact is assigned following its introduction may at any time amend the bill to become a nonfiscal retirement bill. If the bill is so amended, an exact copy of the amended version shall be submitted by the chairperson of the committee to the state auditor. If the state auditor issues a written certification that the committee amendment has converted the status of the bill to a nonfiscal health benefit bill, the bill shall be a nonfiscal health benefit bill for all purposes under this article as of the date of the state auditor's certification. Only TUESDAY, MARCH 28, 2006 5147 the committee to which a health benefit bill having a fiscal impact is originally assigned following its introduction may convert the bill to a nonfiscal health benefit bill as authorized in this subsection. 45-18-126. (a) A health benefit bill having a fiscal impact which the committee wishes to consider shall first be perfected, if necessary, by the committee. The committee may delay further consideration of the bill until after the close of the regular session during which the bill was introduced, but the committee shall complete its consideration of the bill for submission to the state auditor under Code Section 45-18-127 by not later than July 15 immediately following the close of the legislative session. The committee shall be authorized to meet for not more than five days, unless additional days are authorized by the President of the Senate for the Senate committee or by the Speaker of the House of Representatives for the House committee, during the period beginning with the day following the close of the session and ending on July 1 immediately following the close of the session for the purpose of considering and perfecting the bill. If the bill originated in the Senate, the House Committee on Appropriations shall be authorized to meet with the Senate Appropriations Committee to consider and perfect a bill during the period following the close of a regular session, and, if the bill originated in the House of Representatives, the Senate Appropriations Committee shall have the same authority. The committees may adopt such procedures as they find appropriate for conducting meetings at which both committees are present as authorized by this subsection. For attending meetings of their respective committees as authorized by this subsection, the members of the Senate and House committees on appropriations shall receive the expenses and allowances provided by law for members of legislative interim committees. If a health benefit bill having a fiscal impact is changed by the committee to which it is assigned, such change shall be accomplished only by a substitute bill, and no committee amendment to the bill, except by substitute, shall be authorized. (b) Immediately after a health benefit bill having a fiscal impact has been considered and perfected as provided in subsection (a) of this Code section, the chairperson of the committee to which the bill was assigned shall transmit an exact copy of the bill, as perfected by the committee, when applicable, to the state auditor. The copy submitted to the state auditor shall bear an LC number. The submission of the bill to the state auditor shall have attached thereto a letter signed by the chairperson of the committee requesting the state auditor to make or cause to be made an actuarial investigation on the bill. 45-18-127. (a) If an actuarial investigation of a health benefit bill having a fiscal impact is requested under Code Section 45-18-126, it shall be the duty of the state auditor to complete or cause to be completed such actuarial investigation by not later than November 1 of the same year during which the request for the actuarial investigation was made. The actuarial investigation shall include, but shall not be limited to, findings 5148 JOURNAL OF THE HOUSE on the following factors as such factors are relevant to the health benefit bill under consideration: (1) The dollar amount of the unfunded actuarial accrued liability which will result from the bill for the health benefit plan affected by the bill; (2) The dollar amount of the annual normal cost which will result from the bill for the health benefit plan affected by the bill; (3) The dollar amount of the additional annual operating expense to the health benefit plan affected by the bill; (4) A statement of the employee, both active and retired, and employer contribution rates currently in effect for the health benefit plan affected by the bill; (5) A statement of the employee, both active and retired, and employer contribution rates recommended for the health benefit plan affected by the bill in order that the plan be actuarially sound; and (6) A statement of the dollar amount of the increase in the annual employee, both active and retired, and employer contributions if an existing health benefit plan is affected by the bill, or a statement of the total annual employee, both active and retired, and employer contributions if a new health benefit plan is established by the bill, which will be necessary to maintain the health benefit plan affected or established by the bill in an actuarially sound condition. (b) By not later than November 1 of the same year that the request for an actuarial investigation was made, the completed actuarial investigation shall be submitted by the state auditor to the chairperson of the committee who requested it along with a summary of the actuarial investigation which shall include the relevant findings specified in subsection (a) of this Code section. (c) The chairperson of the committee, upon receipt of the information provided for under subsection (b) of this Code section, shall cause the summary of the actuarial investigation to be printed by the Secretary of the Senate or the Clerk of the House of Representatives, depending on whether the bill is a Senate bill or House bill, in sufficient quantity to attach a copy thereof to all printed copies of the bill. The original summary of the actuarial investigation shall be attached by the Secretary of the Senate or Clerk of the House of Representatives to the original version of the substitute bill, as perfected by the committee under Code Section 45-18-126, if applicable, or to the original version of the bill as introduced if the bill was not changed by the committee prior to its submission to the state auditor for an actuarial investigation. 45-18-128. (a) When a health benefit bill having a fiscal impact has had an actuarial investigation pursuant to Code Section 45-18-127, the bill may be considered at the next regular session of the General Assembly. If the bill as originally introduced was not changed by the committee and the original version was submitted to the state auditor for an actuarial investigation, then the original version of the bill is the only one, except as otherwise provided by subsection (b) of this Code section, which may be considered by any committee or by the House of Representatives or the Senate. If the original bill TUESDAY, MARCH 28, 2006 5149 was substituted by the committee and the substitute version was the one submitted to the state auditor, then that substitute bill is the only one, except as otherwise provided by subsection (b) of this Code section, which may be considered by any committee or by the House of Representatives or the Senate. (b) After completion of an actuarial investigation, any amendment to a health benefit bill having a fiscal impact shall be out of order and shall not be allowed either by a committee or by the House of Representatives or Senate, except for a nonfiscal or a reduction in cost amendment. Any amendment to a health benefit bill having a fiscal impact shall be submitted to the state auditor by the chairperson of the committee, if a committee amendment, or by the presiding officer of the House of Representatives or Senate if the amendment was made by the House of Representatives or Senate. If the state auditor certifies in writing that the amendment is a nonfiscal amendment or if the amendment results in a reduction in cost and the state auditor provides an actuarial investigation as required in subsection (a) of Code Section 45-18-127, then the bill as amended, with the state auditor's certification or actuarial investigation attached to the original of the amendment, may continue in the legislative process. If the state auditor will not issue such a certification for the amendment or if there is no actuarial study showing the reduced cost of the amendment, the bill's progress in the legislative process will end, and the bill shall not be considered further by either the House of Representatives or Senate and, if passed by the General Assembly, the bill shall not become law and shall stand repealed in its entirety on the first day of July immediately following its enactment. (c) An amendment to a health benefit bill having a fiscal impact which is prohibited by subsection (b) of this Code section may be withdrawn by the committee which made the amendment, if a committee amendment, or by the House of Representatives, if that body made the amendment, or by the Senate, if that body made the amendment. If the amendment is withdrawn, the bill may continue in the legislative process as any other bill, unless it is subsequently amended, and, in that event, this Code section shall apply to the subsequent amendment." SECTION 14. This Act shall become effective on July 1, 2006. SECTION 15. 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 1372. The motion prevailed. The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon: 5150 JOURNAL OF THE HOUSE SB 529. By Senators Rogers of the 21st, Hamrick of the 30th, Douglas of the 17th, Schaefer of the 50th, Seabaugh of the 28th and others: A BILL to be entitled an Act to amend Title 13 of the O.C.G.A., relating to contracts, Title 16 of the O.C.G.A., relating to crimes and offenses, Title 34 of the O.C.G.A., relating to labor, Title 35 of the O.C.G.A., relating to law enforcement, and Title 50 of the O.C.G.A., relating to state government, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for procedures and requirements applicable to certain contracts or subcontracts; to prohibit certain retaliation; to provide for enforcement, penalties, and exceptions; to provide for offenses regarding involuntary servitude, trafficking of persons for forced labor or services, and sexual servitude of a minor; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON SB 529 The Committee of Conference on SB 529 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 529 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Chip Rogers Senator, 21st District /s/ Tom Graves Representative, 12th District /s/ Brian P. Kemp Senator, 46th District /s/ John Lunsford Representative, 110th District /s/ Mitch Seabaugh Senator, 28th District /s/ Greg Morris Representative, 155th District A BILL To amend Titles 13, 16, 35, 42, 43, 48, and 50 of the Official Code of Georgia Annotated, relating to contracts, crimes and offenses, law enforcement officers and agencies, penal TUESDAY, MARCH 28, 2006 5151 institutions, professions and businesses, revenue and taxation, and state government, respectively, so as to provide for the comprehensive regulation of persons in this state who are not lawfully present in the United States; to provide for a short title; to provide for statutory construction; to provide for definitions; to provide for procedures and requirements applicable to certain contracts or subcontracts; to provide for powers, duties, and authority of the Commissioner of Labor; to provide that it shall be unlawful to traffic a person for labor or sexual servitude; to provide that the commissioner of public safety is authorized and directed to negotiate the terms of a memorandum of understanding between the State of Georgia and the United States Department of Justice or Department of Homeland Security concerning the enforcement of federal immigration laws and related activities; to provide for a definition; to provide for certain training; to provide for funding; to provide for certain authorized activities by certain peace officers; to provide for valid identification documents; to provide for exceptions; to provide procedures for determining nationality and immigration status of certain persons who are booked into a jail; to provide for the development of guidelines relative to such booking procedures; to provide for the comprehensive regulation of private immigration assistance services; to provide for a short title; to provide a statement of purpose and definitions; to specify conditions under which certain compensation paid by a taxpayer shall be disallowed as a business expense for state income tax purposes; to provide for powers, duties, and authority of the state revenue commissioner; to provide for additional withholding requirements and procedures; to provide for exceptions; to provide for verification of lawful presence requirements, procedures, and conditions regarding applications for certain benefits; to provide for exceptions; to provide for the promulgation of regulations; to provide for criminal and other penalties; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Georgia Security and Immigration Compliance Act." All requirements of this Act concerning immigration or the classification of immigration status shall be construed in conformity with federal immigration law. SECTION 2. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended by adding two new articles at the end of Chapter 10, to be designated Articles 3 and 4, to read as follows: "ARTICLE 3 13-10-90. 5152 JOURNAL OF THE HOUSE As used in this article, the term: (1) 'Commissioner' means the Commissioner of the Georgia Department of Labor. (2) 'Federal work authorization program' means any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603. (3) 'Public employer' means every department, agency, or instrumentality of the state or a political subdivision of the state. (4) 'Subcontractor' includes a subcontractor, contract employee, staffing agency, or any contractor regardless of its tier. 13-10-91. (a) On or after July 1, 2007, every public employer shall register and participate in the federal work authorization program to verify information of all new employees. (b)(1) No public employer shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in the federal work authorization program to verify information of all new employees. (2) No contractor or subcontractor who enters a contract with a public employer shall enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the federal work authorization program to verify information of all new employees. (3) Paragraphs (1) and (2) of this subsection shall apply as follows: (A) On or after July 1, 2007, with respect to public employers, contractors, or subcontractors of 500 or more employees; (B) On or after July 1, 2008, with respect to public employers, contractors, or subcontractors of 100 or more employees; and (C) On or after July 1, 2009, with respect to all public employers, contractors, or subcontractors. (c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (d) Except as provided in subsection (e) of this Code section, the Commissioner shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section and publish such rules and regulations on the Georgia Department of Labor's website. (e) The commissioner of the Georgia Department of Transportation shall prescribe all forms and promulgate rules and regulations deemed necessary for the application of this Code section to any contract or agreement relating to public transportation and shall publish such rules and regulations on the Georgia Department of Transportation's website." TUESDAY, MARCH 28, 2006 5153 SECTION 3. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding a new Code section immediately following Code Section 16-5-45, to be designated Code Section 16-5-46, to read as follows: "16-5-46. (a) As used in this Code section, the term: (1) 'Coercion' means: (A) Causing or threatening to cause bodily harm to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person; (B) Exposing or threatening to expose any fact or information that if revealed would tend to subject a person to criminal or immigration proceedings, hatred, contempt, or ridicule; (C) Destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of any person; or (D) Providing a controlled substance, as such term is defined by Code Section 1613-21, to such person. (2) 'Deception' means: (A) Creating or confirming another's impression of an existing fact or past event which is false and which the accused knows or believes to be false; (B) Maintaining the status or condition of a person arising from a pledge by that person of his or her personal services as security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined, or preventing a person from acquiring information pertinent to the disposition of such debt; or (C) Promising benefits or the performance of services which the accused does not intend to deliver or perform or knows will not be delivered or performed. Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this Code section. (3) 'Labor servitude' means work or service of economic or financial value which is performed or provided by another person and is induced or obtained by coercion or deception. (4) 'Sexual servitude' means: (A) Any sexually explicit conduct as defined in paragraph (4) of subsection (a) of Code Section 16-12-100 for which anything of value is directly or indirectly given, promised to, or received by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years; or (B) Any sexually explicit conduct as defined in paragraph (4) of subsection (a) of Code Section 16-12-100 which is performed or provided by any person, which 5154 JOURNAL OF THE HOUSE conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years. (b) A person commits the offense of trafficking a person for labor servitude when that person knowingly subjects or maintains another in labor servitude or knowingly recruits, entices, harbors, transports, provides, or obtains by any means another person for the purpose of labor servitude. (c) A person commits the offense of trafficking a person for sexual servitude when that person knowingly subjects or maintains another in sexual servitude or knowingly recruits, entices, harbors, transports, provides, or obtains by any means another person for the purpose of sexual servitude. (d) Any person who commits the offense of trafficking a person for labor or sexual servitude shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years. Any person who commits the offense of trafficking a person for labor or sexual servitude against a person who is under the age of 18 years shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than ten nor more than 20 years. (e) Prosecuting attorneys and the Attorney General shall have concurrent authority to prosecute any criminal cases arising under the provisions of this Code section and to perform any duty that necessarily appertains thereto. (f) Each violation of this Code section shall constitute a separate offense and shall not merge with any other offense. (g) A corporation may be prosecuted under this Code section for an act or omission constituting a crime under this Code section only if an agent of the corporation performs the conduct which is an element of the crime while acting within the scope of his or her office or employment and on behalf of the corporation and the commission of the crime was either authorized, requested, commanded, performed, or within the scope of his or her employment on behalf of the corporation or constituted a pattern of illegal activity that an agent of the company knew or should have known was occurring." SECTION 4. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by adding a new Code section immediately following Code Section 35-2-13, to be designated Code Section 35-2-14, to read as follows: "35-2-14. (a) As used in this Code section, the term 'peace officer' means peace officer as defined in subparagraph (A) of paragraph (8) of Code Section 35-8-2, as amended. (b) The commissioner is authorized and directed to negotiate the terms of a memorandum of understanding between the State of Georgia and the United States Department of Justice or Department of Homeland Security concerning the enforcement of federal immigration and custom laws, detention and removals, and investigations in the State of Georgia. (c) The memorandum of understanding negotiated pursuant to subsection (b) of this Code section shall be signed on behalf of the state by the commissioner and the TUESDAY, MARCH 28, 2006 5155 Governor or as otherwise required by the appropriate federal agency. (d) The commissioner shall designate appropriate peace officers to be trained pursuant to the memorandum of understanding provided for in subsections (b) and (c) of this Code section. Such training shall be funded pursuant to the federal Homeland Security Appropriation Act of 2006, Public Law 109-90, or any subsequent source of federal funding. The provisions of this subsection shall become effective upon such funding. (e) A peace officer certified as trained in accordance with the memorandum of understanding as provided in this Code section is authorized to enforce federal immigration and customs laws while performing within the scope of his or her authorized duties." SECTION 5. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding a new Code section immediately following Code Section 42-4-13, to be designated Code Section 42-4-14, to read as follows: "42-4-14. (a) When any person charged with a felony or with driving under the influence pursuant to Code Section 40-6-391 is confined, for any period, in the jail of the county, any municipality or a jail operated by a regional jail authority, a reasonable effort shall be made to determine the nationality of the person so confined. (b) If the prisoner is a foreign national, the keeper of the jail or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status can not be made from documents in the possession of the prisoner, verification shall be made within 48 hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States, the keeper of the jail or other officer shall notify the United States Department of Homeland Security. (c) Nothing in this Code section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release. (d) The Georgia Sheriffs Association shall prepare and issue guidelines and procedures used to comply with the provisions of this Code section." SECTION 6. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter immediately following Chapter 20 to read as follows: "CHAPTER 20A 43-20A-1. 5156 JOURNAL OF THE HOUSE This chapter shall be known and may be cited as the 'Registration of Immigration Assistance Act.' 43-20A-2. The purpose and intent of this chapter is to establish and enforce standards of ethics in the profession of immigration assistance by private individuals who are not licensed attorneys. 43-20A-3. As used in this chapter, the term: (1) 'Compensation' means money, property, services, promise of payment, or anything else of value. (2) 'Employed by' means that a person is on the payroll of the employer and the employer deducts from the employee's paycheck social security and withholding taxes or that a person receives compensation from the employer on a commission basis or as an independent contractor. (3) 'Immigration assistance service' means any information or action provided or offered to customers or prospective customers related to immigration matters, excluding legal advice, recommending a specific course of legal action or providing any other assistance that requires legal analysis, legal judgment, or interpretation of the law. (4) 'Immigration matter' means any proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of any person that arises under: (A) Immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country; or (B) Action of the United States Department of Labor, the United States Department of State, the United States Department of Homeland Security, or the United States Department of Justice. 43-20A-4. (a) Any person who provides or offers to provide immigration assistance service may perform only the following services: (1) Completing a government agency form, requested by the customer and appropriate to the customer's needs only if the completion of that form does not involve a legal judgment for that particular matter; (2) Transcribing responses to a government agency form which is related to an immigration matter but not advising a customer as to his or her answers on those forms; (3) Translating information on forms to a customer and translating the customer's answers to questions posed on those forms; (4) Securing for the customer supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms; TUESDAY, MARCH 28, 2006 5157 (5) Translating documents from a foreign language into English; (6) Notarizing signatures on government agency forms, if the person performing the service is a notary public commissioned in the State of Georgia and is lawfully present in the United States; (7) Making referrals, without fee, to attorneys who could undertake legal representation for a person in an immigration matter; (8) Preparing or arranging for the preparation of photographs and fingerprints; (9) Arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results; (10) Conducting English language and civics courses; and (11) Performing such other services that the office of the Secretary of State determines by rule may be appropriately performed by such persons in light of the purposes of this chapter. (b) The following persons are exempt from this chapter: (1) An attorney licensed to practice law in Georgia or an attorney licensed to practice law in any other state or territory of the United States or in any foreign country when acting with the approval of a judge having lawful jurisdiction over the matter; (2) A legal intern, clerk, paralegal, or person in a similar position employed by and under the direct supervision of a licensed attorney meeting the requirements in paragraph (1) of this subsection and rendering immigration assistance service in the course of employment; (3) A not for profit organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.2(a) and employees, of those organizations accredited under 8 C.F.R. 292.2(d); and (4) Any organization employing or desiring to employ an alien or nonimmigrant alien, where the organization, its employees, or its agents provide advice or assistance in immigration matters to alien or nonimmigrant alien employees or potential employees without compensation from the individuals to whom such advice or assistance is provided. (c) Nothing in this chapter shall regulate any business to the extent that such regulation is prohibited or preempted by federal law. (d) Any person performing such services shall obtain business licenses from the office of the Secretary of State and as may be required by a local governing authority. (e) Any person who provides or offers immigration assistance service and is not exempted under this chapter shall post signs at his or her place of business setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance service. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to customers. Each sign shall be at least 12 inches by 17 inches and shall contain the following statement: 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.' 5158 JOURNAL OF THE HOUSE (f) Every person engaged in immigration assistance service who is not an attorney who advertises immigration assistance service in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, shall include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following notice in English and the language in which the written communication appears. This notice shall be of a conspicuous size, if in writing, and shall state: 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.' If such advertisement is by radio or television, the statement may be modified but must include substantially the same message. (g) Any person who provides or offers immigration assistance service and is not exempted under this chapter shall not, in any document, advertisement, stationery, letterhead, business card, or other comparable written material, literally translate from English into another language terms or titles including, but not limited to, notary public, notary, licensed, attorney, lawyer, or any other term that implies the person is an attorney. (h) Violations of this chapter may result in a fine of up to $1,000.00 per violation. A fine charged pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal penalties. (i) No person engaged in providing immigration services who is not exempted under this chapter shall do any of the following: (1) Accept payment in exchange for providing legal advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the law; (2) Refuse to return documents supplied by, prepared on behalf of, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer; (3) Represent or advertise, in connection with the provision assistance in immigration matters, other titles or credentials, including but not limited to 'notary public' or 'immigration consultant,' that could cause a customer to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter, provided that a certified notary public may use the term 'notary public' if the use is accompanied by the statement that the person is not an attorney; the term 'notary public' may not be translated to another language; (4) Provide legal advice, recommend a specific course of legal action, or provide any other assistance that requires legal analysis, legal judgment, or interpretation of the law; or (5) Make any misrepresentation or false statement, directly or indirectly, to influence, persuade, or induce patronage. (j) Any person who violates any provision of this chapter shall be guilty of a misdemeanor for a first offense and a high and aggravated misdemeanor for a second or TUESDAY, MARCH 28, 2006 5159 subsequent offense committed within five years of a previous conviction for the same offense. (k) The Secretary of State shall issue rules not inconsistent with this chapter for the implementation, administration, and enforcement of this chapter." SECTION 7. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section immediately following Code Section 48-7-21, to be designated Code Section 48-7-21.1, to read as follows: "48-7-21.1. (a) As used in this Code section, the term: (1) 'Authorized employee' means any individual authorized for employment in the United States as defined in paragraph (2) of subsection (a) of 8 U.S.C. Section 1324a. (2) 'Labor services' means the physical performance of services in this state. (b) On or after January 1, 2008, no wages or remuneration for labor services to an individual of $600.00 or more per annum may be claimed and allowed as a deductible business expense for state income tax purposes by a taxpayer unless such individual is an authorized employee. The provisions of this subsection shall apply whether or not an Internal Revenue Service Form 1099 is issued in conjunction with the wages or remuneration. (c) This Code section shall not apply to any business domiciled in this state which is exempt from compliance with federal employment verification procedures under federal law which makes the employment of unauthorized aliens unlawful. (d) This Code section shall not apply to any individual hired by the taxpayer prior to January 1, 2008. (e) This Code section shall not apply to any taxpayer where the individual being paid is not directly compensated or employed by said taxpayer. (f) This Code section shall not apply to wages or remuneration paid for labor services to any individual who holds and presents to the taxpayer a valid license or identification card issued by the Georgia Department of Driver Services. (g) The commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section." SECTION 8. Said title is further amended in Code Section 48-7-101, relating to income tax withholding, by adding a new subsection at the end thereof, to be designated subsection (i), to read as follows: "(i) Form 1099 withholding and reporting. (1) A withholding agent shall be required to withhold state income tax at the rate of 6 percent of the amount of compensation paid to an individual which compensation is reported on Form 1099 and with respect to which the individual has: (A) Failed to provide a taxpayer identification number; (B) Failed to provide a correct taxpayer identification number; or 5160 JOURNAL OF THE HOUSE (C) Provided an Internal Revenue Service issued taxpayer identification number issued for nonresident aliens. (2) Any withholding agent who fails to comply with the withholding requirements of this subsection shall be liable for the taxes required to have been withheld unless such withholding agent is exempt from federal withholding with respect to such individual pursuant to a properly filed Internal Revenue Service Form 8233 and has provided a copy of such form to the commissioner." SECTION 9. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter at the end thereof, to be designated Chapter 36, to read as follows: "CHAPTER 36 50-36-1. (a) Except as provided in subsection (c) of this Code section or where exempted by federal law, on or after July 1, 2007, every agency or a political subdivision of this state shall verify the lawful presence in the United States of any natural person 18 years of age or older who has applied for state or local public benefits, as defined in 8 U.S.C. Section 1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that is administered by an agency or a political subdivision of this state. (b) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (c) Verification of lawful presence under this Code section shall not be required: (1) For any purpose for which lawful presence in the United States is not required by law, ordinance, or regulation; (2) For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure; (3) For short-term, noncash, in-kind emergency disaster relief; (4) For public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; or (5) For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General's sole and unreviewable discretion after consultation with appropriate federal agencies and departments, which: (A) Deliver in-kind services at the community level, including through public or private nonprofit agencies; TUESDAY, MARCH 28, 2006 5161 (B) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and (C) Are necessary for the protection of life or safety. (6) For prenatal care; or (7) For postsecondary education, whereby the Board of Regents of the University System of Georgia or the State Board of Technical and Adult Education shall set forth, or cause to be set forth, policies regarding postsecondary benefits that comply with all federal law including but not limited to public benefits as described in 8 U.S.C. Section 1611, 1621, or 1623. (d) Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall occur as follows: (1) The applicant must execute an affidavit that he or she is a United States citizen or legal permanent resident 18 years of age or older; or (2) The applicant must execute an affidavit that he or she is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act 18 years of age or older lawfully present in the United States. (e) For any applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for benefits shall be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. Until such eligibility verification is made, the affidavit may be presumed to be proof of lawful presence for the purposes of this Code section. (f) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to subsection (d) of this Code section shall be guilty of a violation of Code Section 16-10-20. (g) Agencies or political subdivisions of this state may adopt variations to the requirements of this Code section to improve efficiency or reduce delay in the verification process or to provide for adjudication of unique individual circumstances where the verification procedures in this Code section would impose unusual hardship on a legal resident of Georgia. (h) It shall be unlawful for any agency or a political subdivision of this state to provide any state, local, or federal benefit, as defined in 8 U.S.C. Section 1621 or 8 U.S.C. Section 1611, in violation of this Code section. Each state agency or department which administers any program of state or local public benefits shall provide an annual report with respect to its compliance with this Code section. (i) Any and all errors and significant delays by SAVE shall be reported to the United States Department of Security and to the Secretary of State which will monitor SAVE and its verification application errors and significant delays and report yearly on such errors and significant delays to ensure that the application of SAVE is not wrongfully denying benefits to legal residents of Georgia. 5162 JOURNAL OF THE HOUSE (j) Notwithstanding subsection (f) of this Code section any applicant for federal benefits as defined in 8 U.S.C. Section 1611 or state or local benefits as defined in 8 U.S.C. Section 1621 shall not be guilty of any crime for executing an affidavit attesting to lawful presence in the United States that contains a false statement if said affidavit is not required by this Code section." SECTION 10. (a) Except as otherwise provided in this section, this Act shall become effective on July 1, 2007. (b) Section 3 of this Act shall become effective on July 1, 2007, and shall not apply to any offense committed prior to July 1, 2007. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. Representative Lunsford of the 110th moved that the House adopt the report of the Committee of Conference on SB 529. 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 Y Bearden 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 Y Carter Y Casas Y Chambers Y Channell Y Cheokas Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E Y Hudson N Hugley N Jackson Y Jacobs N James Y 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 Y Lord Y Loudermilk Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall N Ray Y Reece, B Y Reece, S Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C Sims, F E Sinkfield Y 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 N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard TUESDAY, MARCH 28, 2006 5163 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 N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Williams, A N Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 119, nays 49. The motion prevailed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the House: HB 841. By Representatives Stephens of the 164th, Day of the 163rd, Graves of the 137th, Hugley of the 133rd and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from 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. HB 1040. By Representatives Williams of the 4th, Dickson of the 6th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 48-8-39 of the Official Code of Georgia Annotated, relating to the effect of use other than retention, demonstration, or display by the giver of certain certification or by the processor, manufacturer, or converter of tangible personal property, so as to define the total raw material cost of carpet samples for certain fair market valuation purposes; 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 bill of the House: 5164 JOURNAL OF THE HOUSE HB 184. By Representatives Scott of the 153rd, Heard of the 104th, Geisinger of the 48th and Powell of the 29th: A BILL to be entitled an Act to amend Code Section 43-41-3 of the Official Code of Georgia Annotated, relating to creation of State Licensing Board for Residential and General Contractors, so as to change the manner of appointment of members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House amendment as amended by the Senate to the following bill of the Senate: SB 306. By Senators Hamrick of the 30th and Harp of the 29th: A BILL to be entitled an Act to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospital and nursing home liens, so as to change notice and filing provisions with respect to certain liens; to change a provision relating to the effect of release or covenant not to sue on hospitals and other medical provider liens; to change a provision relating to the effect of this part on a settlement or release entered into before entry into a hospital, nursing home, or traumatic burn care medical facility; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has disagreed to the House substitute to the following bill of the Senate: SB 96. By Senators Henson of the 41st, Thompson of the 5th and Fort of the 39th: A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to regulate the preparation, marketing, sale, and serving of Halal foods; to provide punishment for violations; to define certain terms; to repeal conflicting laws; and for other purposes. The Senate has disagreed to the House substitute to the following resolution of the Senate: SR 823. By Senators Grant of the 25th, Stephens of the 27th, Thomas of the 54th, Golden of the 8th, Williams of the 19th and others: A RESOLUTION authorizing the conveyance of certain state owned real property located in Appling County, Georgia; Baldwin and Wilkinson County, Georgia; Bibb County, Georgia; Bulloch County, Georgia; Emanuel County, Georgia; Fannin County, Georgia; Forsyth County, Georgia; Gilmer County, TUESDAY, MARCH 28, 2006 5165 Georgia; Gwinnett County, Georgia; Lowndes County, Georgia; Screven County, Georgia; Terrell County, Georgia; Whitfield County, Georgia; to repeal conflicting laws; and for other purposes. The Senate adheres to its disagreement to the House substitutes and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bills of the Senate: SB 288. By Senators Rogers of the 21st, Hamrick of the 30th and Hill of the 32nd: A BILL to be entitled an Act to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to enact the "Grade Integrity Act of 2005"; to provide that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner to change the grade of a student; to provide for an ethical violation reportable to the Professional Standards Commission; 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, Weber of the 40th, and Moody of the 56th. SB 413. By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Thomas of the 2nd, Fort of the 39th 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, the compulsory school attendance law, so as to change certain provisions relating to mandatory education for children between ages six and 16; to provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the permission of his or her parent or guardian; to require parent or guardian approval; to provide for a conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance required; to change certain provisions relating to exemptions from compulsory attendance; 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: Moody of the 56th, Schaefer of the 50th, and Carter of the 13th. SB 500. By Senators Stephens of the 27th, Wiles of the 37th, Staton of the 18th and Hill of the 32nd: 5166 JOURNAL OF THE HOUSE A BILL to be entitled an Act to provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to require all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on electronic recording voting systems; to provide for a pilot program during the 2006 November general election and any runoff therefrom in certain counties; to provide for related matters; 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: Stephens of the 27th, Staton of the 18th, and Tate of the 38th. SB 636. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in such code or other laws of the state, so as to define the term biodiesel fuel; 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 Pearson of the 51st. The Senate insists on its substitutes to the following bills of the House: HB 304. By Representatives Burmeister of the 119th, Yates of the 73rd, Shaw of the 176th, Cummings of the 16th and Rice of the 51st: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to change the provisions relating to the imposition and determination of the amount of certain regulatory fees by local governments; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1178. By Representatives Hill of the 180th, Channell of the 116th, Cooper of the 41st, Brown of the 69th, Jenkins of the 8th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to TUESDAY, MARCH 28, 2006 5167 provide for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons; to provide for a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1371. By Representatives Graves of the 137th, Carter of the 159th, Harbin of the 118th, Stephens of the 164th and Parrish of the 156th: 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 Pharmacy Audit Bill of Rights"; to provide for a short title; to set out a list of rights of pharmacies undergoing audits; to provide for an appeal process; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1412. By Representatives Smith of the 168th, Mosley of the 178th, Stephens of the 164th, Royal of the 171st and Bridges of the 10th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, 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 require the use of clean and renewable fuels in certain vehicles operated by certain government entities under certain circumstances; to provide for legislative findings and declarations; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate insists on its amendment to the following bill of the House: HB 1090. By Representatives Harbin of the 118th, Fleming of the 117th, Burmeister of the 119th and Rogers of the 26th: A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the O.C.G.A., relating to contracts for public works, and Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, so as to provide that a contractor that is more than 30 days behind in the performance of a state public works construction contract or a construction or maintenance contract with the Department of Transportation due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance 5168 JOURNAL OF THE HOUSE contracts until such time as the performance of such contract is brought current or is completed; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1371. By Representatives Graves of the 137th, Carter of the 159th, Harbin of the 118th, Stephens of the 164th and Parrish of the 156th: 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 Pharmacy Audit Bill of Rights"; to provide for a short title; to set out a list of rights of pharmacies undergoing audits; to provide for an appeal process; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Graves of the 137th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1371 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 Graves of the 137th, Stephens of the 164th, and Carter of the 159th. HB 304. By Representatives Burmeister of the 119th, Yates of the 73rd, Shaw of the 176th, Cummings of the 16th and Rice of the 51st: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to change the provisions relating to the imposition and determination of the amount of certain regulatory fees by local governments; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Burmeister of the 119th moved that the House insist on its position in disagreeing to the Senate substitute to HB 304 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. TUESDAY, MARCH 28, 2006 5169 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, Heard of the 104th, and Dodson of the 75th. The following Bills of the Senate were taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon: SB 500. By Senators Stephens of the 27th, Wiles of the 37th, Staton of the 18th and Hill of the 32nd: A BILL to be entitled an Act to provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to require all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on electronic recording voting systems; to provide for a pilot program during the 2006 November general election and any runoff therefrom in certain counties; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Representative Burmeister of the 119th moved that the House adhere to its position in insisting on its substitute to SB 500 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, Scott of the 153rd, and Mills of the 25th. SB 636. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in such code or other laws of the state, so as to define the term biodiesel fuel; to repeal conflicting laws; and for other purposes. 5170 JOURNAL OF THE HOUSE Representative Ehrhart of the 36th moved that the House adhere to its position in insisting on its substitute to SB 636 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 Ehrhart of the 36th, Chambers of the 81st, and Jones of the 46th. The following Resolution of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SR 823. By Senators Grant of the 25th, Stephens of the 27th, Thomas of the 54th, Golden of the 8th, Williams of the 19th and others: A RESOLUTION authorizing the conveyance of certain state owned real property located in Appling County, Georgia; Baldwin and Wilkinson County, Georgia; Bibb County, Georgia; Bulloch County, Georgia; Emanuel County, Georgia; Fannin County, Georgia; Forsyth County, Georgia; Gilmer County, Georgia; Gwinnett County, Georgia; Lowndes County, Georgia; Screven County, Georgia; Terrell County, Georgia; Whitfield County, Georgia; to repeal conflicting laws; and for other purposes. Representative Barnard of the 166th moved that the House insist on its position in substituting SR 823. The motion prevailed. 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 413. By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Thomas of the 2nd, Fort of the 39th 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, the compulsory school attendance law, so as to change certain provisions relating to mandatory education for children between ages six and 16; to provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the permission of his or her parent or guardian; to require parent or guardian approval; to provide for a TUESDAY, MARCH 28, 2006 5171 conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance required; to change certain provisions relating to exemptions from compulsory attendance; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Coleman of the 97th moved that the House adhere to its position in insisting on its substitute to SB 413 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 Coleman of the 97th, Reese of the 98th, and Maxwell of the 17th. The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1412. By Representatives Smith of the 168th, Mosley of the 178th, Stephens of the 164th, Royal of the 171st and Bridges of the 10th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, 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 require the use of clean and renewable fuels in certain vehicles operated by certain government entities under certain circumstances; to provide for legislative findings and declarations; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Smith of the 168th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1412 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Smith of the 168th, Roberts of the 154th, and McCall of the 30th. 5172 JOURNAL OF THE HOUSE HB 1178. By Representatives Hill of the 180th, Channell of the 116th, Cooper of the 41st, Brown of the 69th, Jenkins of the 8th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons; to provide for a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Hill of the 180th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1178 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 Hill of the 180th, Channell of the 116th, and Cooper of the 41st. The following message was received from the Senate through Mr. Ewing, 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 238. By Senators Hill of the 32nd and Smith of the 52nd: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for immunity from civil liability for nonprofit organizations and individuals that financially sponsor charitable fundraising events; to provide for an exception; to repeal conflicting laws; and for other purposes. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hill of the 32nd, Chance of the 16th, and Staton of the 18th. TUESDAY, MARCH 28, 2006 5173 The Senate has agreed to the House amendment as amended by the Senate to the following bill of the Senate: SB 531. By Senators Rogers of the 21st, Hudgens of the 47th and Chapman of the 3rd: A BILL to be entitled an Act to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, so as to change certain provisions relating to damages recoverable by an insured under uninsured motorist coverage; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Senate insists on its amendment to the following bill of the House: HB 1216. By Representatives Freeman of the 140th, Rice of the 51st, Porter of the 143rd, Talton of the 145th, Byrd of the 20th and others: 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 allow the use of properly equipped all-terrain vehicles by law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitute to the following bill of the Senate: SB 115. By Senators Butler of the 55th, Williams of the 19th, Miles of the 43rd, Weber of the 40th, Jones of the 10th and others: A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, to extend until June 30, 2016, the provision that the interest income from certain reserve funds may be used to pay operating costs; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate: SB 450. By Senators Kemp of the 46th, Wiles of the 37th, Seabaugh of the 28th, Mullis of the 53rd, Whitehead, Sr. of the 24th and others: A BILL to be entitled an Act to amend Title 15 of the Official Code of 5174 JOURNAL OF THE HOUSE Georgia Annotated, relating to courts; Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally; Chapter 5 of Title 36 of the O.C.G.A., relating to organization of county government; and Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to revise the pay structure for certain county officers and officials; to revise the minimum salary schedules of pay for sheriffs, tax commissioners, clerks of superior court, and judges of probate court; to provide for longevity pay increases for certain members of county governing authorities; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has passed by the requisite constitutional majority the following bill of the House: 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 physician's assistants, so as to allow physician's 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. The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House: HB 728. By Representatives Franklin of the 43rd, Brooks of the 63rd, Jones of the 44th, Cooper of the 41st, Walker of the 107th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide a short title; to define certain terms; to provide for a state-wide alert system for missing disabled adults; to provide for rules and regulations; to provide for cooperation with broadcasters; to provide for calling an alert; to provide for conditions; to provide that the Georgia Lottery Corporation shall devise a method of notifying vendors in an alert area of the alert; to provide for termination of an alert; to repeal conflicting laws; and for other purposes. HB 848. By Representatives Butler of the 18th, Maxwell of the 17th, England of the 108th, Roberts of the 154th and Stephens of the 164th: 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 TUESDAY, MARCH 28, 2006 5175 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. HB 955. By Representatives Geisinger of the 48th, Chambers of the 81st, Millar of the 79th and Lindsey of the 54th: A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempt from disclosure, so as to add an exemption for records of the Metropolitan Atlanta Rapid Transit Authority relating to the development and implementation of the TransCard or SmartCard fare payment system; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1157. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th and Fleming of the 117th: 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 change certain provisions regarding income tax credits for employers providing approved retraining programs; to provide for definitions; 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. By unanimous consent, all remaining Bills on the Calendar were postponed until Thursday, March 30, 2006. Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Thursday, March 30, 2006, and the motion prevailed. Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Thursday, March 30, 2006. 5176 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Thursday, March 30, 2006 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker Pro Tem. The roll was called and the following Representatives answered to their names: Abdul-Salaam Amerson E Anderson Ashe Barnard Bearden Benton Black Bordeaux Bridges Brooks Brown Bryant Buckner, D Buckner, G Burmeister Burns Butler Byrd Carter Chambers Channell Cheokas Coleman, B Cooper Cox Crawford Cummings Davis Dickson Dodson Drenner Ehrhart England Everson E Floyd, H Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger Graves, D Graves, T Greene Hatfield Heard, J Heard, K Hembree E Henson Hill, C Hill, C.A Holt Horne Howard, E Hugley Jacobs James Jamieson Jennings Jones, J Jones, S Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lunsford Maddox Mangham Manning Martin Maxwell May Meadows Mills Mitchell Morris Mosley Mumford Murphy, J Murphy, Q Neal O'Neal Parham Parrish Parsons Porter Ralston Reece, B Reece, S Reese Rice Roberts Royal Rynders Scheid Scott, A Scott, M Setzler Sheldon E Sinkfield Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V E Smyre Stanley-Turner Talton Teilhet Thomas, A.M Thomas, B Tumlin Warren Wilkinson Williams, E Williams, R Wix The following members were off the floor of the House when the roll was called: Representatives Beasley-Teague of the 65th, Borders of the 175th, Burkhalter of the 50th, Casas of the 103rd, Coan of the 101st, Coleman of the 144th, Dean of the 59th, Dollar of the 45th, Dukes of the 150th, Hanner of the 148th, Harbin of the 118th, Houston of the 170th, Hudson of the 124th, Jackson of the 161st, Jenkins of the 8th, Jordan of the 77th, Keen of the 179th, Lucas of the 139th, Marin of the 96th, McCall of the 30th, Millar of the 79th, Mosby of the 90th, Oliver of the 83rd, Orrock of the 58th, Powell of the 29th, Randall of the 138th, Rogers of the 26th, Shaw of the 176th, Sims of the 151st, Sims of the 169th, Stephenson of the 92nd, Walker of the 107th, Watson of the 91st, Willard of the 49th, Williams of the 165th, and Yates of the 73rd. They wish to be recorded as present. THURSDAY, MARCH 30, 2006 5177 Prayer was offered by the Reverend Robert Broughton, New Springfield Baptist Church, East Point, 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 1665. By Representatives Buckner of the 76th, Powell of the 29th, Thomas of the 100th, Reece of the 11th and Dukes of the 150th: A BILL to be entitled an Act to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities and security investments, so as to provide for the establishment of the Georgia Investment Fraud Prevention Board; to provide for membership; to provide for terms; to provide that members shall receive no compensation; to provide for reappointment; to provide for administration; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. 5178 JOURNAL OF THE HOUSE HB 1666. By Representatives Buckner of the 76th, Powell of the 29th, Thomas of the 100th, Reece of the 11th and Dukes of the 150th: A BILL to be entitled an Act to amend Article 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to identity theft, so as to provide for the establishment of an identity theft prevention board; to provide for membership; to provide for terms; to provide that members shall receive no compensation; to provide for reappointment; to provide for administration; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. HB 1667. By Representatives Davis of the 109th, Hatfield of the 177th, Walker of the 107th, May of the 111th, Loudermilk of the 14th and others: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to abolish the state income tax; to increase the rate of tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible property and on certain services; to provide for applicability with respect to building and construction materials and to certain services; to provide for application of sales and use taxes with respect to certain sales of motor fuels; to provide for conforming changes with respect to certain tax ceilings, imposition of taxes, collection from dealers, disposition of certain excess taxes, compensation of dealers for reporting and paying taxes, and payment of taxes by certain contractors; to provide for editorial revision; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HR 2088. By Representatives Heard of the 114th, Kidd of the 115th and Greene of the 149th: A RESOLUTION creating the House Black Belt Study Committee; and for other purposes. Referred to the Committee on Governmental Affairs. By unanimous consent, the following Resolutions of the House were read the second time: THURSDAY, MARCH 30, 2006 5179 HR 2039 HR 2040 HR 2041 HR 2068 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 Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 1887 Do Pass HR 1939 Do Pass Respectfully submitted, /s/ Manning of the 32nd 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 Senate and has instructed me to report the same back to the House with the following recommendations: SB 663 Do Pass SB 664 Do Pass, by Substitute SB 668 Do Pass SB 672 Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, MARCH 30, 2006 Mr. Speaker and Members of the House: 5180 JOURNAL OF THE HOUSE The Committee on Rules has fixed the calendar for this 40th Legislative Day as enumerated below: UNCONTESTED HOUSE/SENATE RESOLUTIONS SR 282 SR 433 SR 434 SR 639 SR 686 SR 864 SR 873 SR 1028 SR 1034 SR 1093 SR 1094 John Lee Drake, Sr., Highway; dedicate Designate; Mayor Johnny Bradfield Highway; Telfair County Designate; Martin Luther King, Jr., Blvd.; Telfair County SGT Mike Stokely Memorial Highway; dedicate (PF) Designate; J. Alton Wingate, Sr. Memorial Parkway; Habersham County SGT Mike Stokely Memorial Highway; dedicating Parish, Emory; commend Dr. Luke Glenn Garrett, Jr. Memorial Highway; dedicate SGT Mathew Vincent Gibbs Memorial Bridge; dedicate Durward (Red) Murphy Memorial Bridge; dedicate Charles S. (Buddy) Cowan, Jr. Memorial Bridge; dedicate DEBATE CALENDAR Open Rule None 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 THURSDAY, MARCH 30, 2006 5181 By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time: SB 663. By Senators Thompson of the 5th, Unterman of the 45th, Weber of the 40th, Balfour of the 9th, Shafer of the 48th and others: A BILL to be entitled an Act to amend an Act creating the Gwinnett County Arts Facility Authority, approved April 14, 1991 (Ga. L. 1991, p. 3542), so as to change the number of times each year the authority shall meet; to 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 664. By Senator Pearson of the 51st: A BILL to be entitled an Act to create the Pickens County Airport 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 prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for conditions for issuance; 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 create the Pickens County Airport 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 prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for conditions for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for 5182 JOURNAL OF THE HOUSE 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; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Short title. This Act shall be known and may be cited as the "Pickens County Airport Authority Act." SECTION 2. Legislative findings. The General Assembly determines and finds that there is present and projected growth in commercial and private air traffic in the Pickens County area. There is the need for adequate airport safety and efficiency to serve the air transportation needs of Pickens County, the need to eliminate airport hazards, and the need to raise capital for the establishment, operation, and maintenance of present and future airports. The General Assembly further determines and finds that the establishment of an authority is necessary and essential to ensure the welfare, safety, and convenience of citizens of the region and the entire state to ensure the proper economic development of the region and the entire state. SECTION 3. Pickens County Airport Authority. (a) There is created a body corporate and politic, to be known as the Pickens County Airport 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 bring and defend actions in all courts. (b) The authority shall consist of seven members who shall be residents of Pickens County. Two of the members shall be appointed by the governing authority of Pickens County for terms of office for four years each. Two of the members shall be appointed by the Pickens County Development Authority for terms of office for four years each. Three of the members shall be appointed by the governing authority of Pickens County for two-year terms of office. After the first term expires, members of the authority shall serve the terms specified until their respective successors are appointed and qualified. THURSDAY, MARCH 30, 2006 5183 Each of the members shall be appointed for four years. Any member of the authority may be selected and appointed to succeed himself or herself. After such appointment, the members of such authority shall enter upon their duties. At least three members of the authority shall at all times be pilots fully licensed by the Federal Aviation Agency with a minimum third class medical or as required for their licenses and shall also be legally current per Federal Aviation Agency regulations as required by their respective licenses and ratings. At least one member shall be a Pickens County business owner who in a normal course of his or her business uses an aircraft that is based at the Pickens County Airport. At least one member will be a citizen at large of Pickens County. Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose term of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The members of the authority shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the authority. The authority shall make rules and regulations for its own government. The authority shall have perpetual existence. (c) The commissioner and selected members of the county staff may serve as ex officio members of the authority; provided, however, that ex officio members shall not have voting rights. (d) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and have been a resident of Pickens County for at least one year prior to the date of such person's appointment and shall not have been convicted of a felony. Each appointee shall have demonstrated an interest in the positive economic development of the county. (e) The members of the authority shall in April of each year elect one of their number as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson, shall also elect one of their number as secretary, and may also elect one of their number as treasurer. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairperson of the authority shall be entitled to vote upon any issue, motion, or resolution. (f) A majority of the 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. (g) A vacancy on the authority shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves such person's residence from the county; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of such person's duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of three months without an excuse approved by a resolution of the authority. (h) All meetings of the authority, regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of Pickens County or residents of any area affected by the actions of the authority. The authority may go into executive session to discuss matters of personnel, real estate 5184 JOURNAL OF THE HOUSE acquisition or disposal, and litigation. No votes may be taken during an executive session. SECTION 4. Definitions. (a) As used in this Act, the term: (1) "Airport" means any area of land or structure which is or has been used or which the authority may plan to use for the landing and taking off of commercial, private, and military aircraft, including helicopters; all buildings, equipment, facilities, or other property and improvements of any kind or nature located within the bounds of any such land area or structure which are or have been used or which the authority may plan to use for terminal facilities; all facilities of any type for the accommodation of passengers, maintenance, cargo, servicing, and operation of aircraft, business offices and facilities of private businesses and governmental agencies, and the parking of automobiles; and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private, and military aircraft including all land originally acquired by Pickens County for the establishment of a county airport, and any land to be deeded to the City of Jasper or Pickens County for airport use, including, without limitation, aviation easements, and other real or personal property. (2) "Authority" means the Pickens County Airport Authority created by this Act. (3) "Cost of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents, and legal expenses, and 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 authorized in this Act; the cost of the acquisition or construction of any project; and the cost of placing any project in 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 the proceeds of revenue bonds issued under the provisions of this Act for such project. (4) "Project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of an airport and the usual facilities related thereto. (5) "Revenue bonds" and "bonds" mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act. THURSDAY, MARCH 30, 2006 5185 (b) 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 facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending 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 5. Powers. The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its purposes and to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all airports which shall come under the control of the authority under the provisions of this Act or which it may acquire or plan to acquire; to regulate, protect, and police such airports and all related activities and facilities; to enter into any contracts, leases, or other agreements, promulgate any orders, set any tolls, fees, or other charges for the use of the property or services of the authority and collect and use same as necessary to operate the airports under control of the authority; and to accomplish any purposes of this Act and make any purchases or sales necessary for such purposes; except that the authority may not acquire any airport of any county, municipality, or combination thereof unless such county, municipality, or both agree to pay to the authority, so long as it operates such airport, at least the amount of airport operating expenses funded by taxes, fees, and assessments of such county, municipality, or combination thereof prior to such acquisition. Nothing in this paragraph shall give the authority the power of eminent domain and the authority shall not condemn property in order to pursue its lawful purposes; (3) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their respective compensations and terms of service; (4) 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 the projects which it causes to be constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings with each other relating to projects of the authority for a term not exceeding 50 years. Likewise, without limiting the generality of the 5186 JOURNAL OF THE HOUSE above and foregoing, the same authority above granted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is authorized between the authority and private corporations, both inside and outside this state, and between the authority and public bodies, including counties and cities outside this state; (5) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act, 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 any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (6) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (7) To 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 subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (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 exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; and (10) To do all things necessary or convenient to carry out the powers expressly given in this Act. SECTION 6. Revenue bonds. 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, is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, be payable at such time or times, shall mature at such time or times not exceeding 50 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the THURSDAY, MARCH 30, 2006 5187 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 bonds. SECTION 7. Revenue bonds; form; denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereon, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. SECTION 8. Revenue bonds; signatures; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairperson of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairperson and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office. SECTION 9. Revenue bonds; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income there from shall be exempt from all taxation within this state. SECTION 10. Revenue bonds; sale; price; proceeds. The authority may sell such bonds in such manner and for such a price as it may determine to be for the best interest of the authority. The proceeds derived from the sale 5188 JOURNAL OF THE HOUSE of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds. SECTION 11. Revenue bonds; interim receipts; certificates; temporary bonds. Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. SECTION 12. Revenue bonds; replacement of lost or mutilated bonds. The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost. SECTION 13. Revenue bonds; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and filings which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. 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 meeting of the authority by a majority of its members. SECTION 14. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Pickens County nor a pledge of the faith and credit of said county; but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county, nor individual members of the authority, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. SECTION 15. Trust indenture as security. THURSDAY, MARCH 30, 2006 5189 In the discretion of the authority, any issuance 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 inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings 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 the law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for 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 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 may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such 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 trust indentures securing bonds and debentures of corporations. 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 indentures may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. SECTION 16. To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the 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 of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide. SECTION 17. Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which 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 5190 JOURNAL OF THE HOUSE of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest and other investment charges; (4) Any premium upon bonds retired by call or purchase as provided in this Act; and (5) Any investment fees or charges. 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 the other. Subject to the provisions of the resolution authorizing the issuance of the bonds or the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued. SECTION 18. Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act 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 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 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 revenues, fees, tolls, and other charges for the use of the facilities and services furnished. SECTION 19. Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and any premium. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in THURSDAY, MARCH 30, 2006 5191 respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. SECTION 20. Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedures of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law." The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as part of the basis for the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of the validation shall be final and conclusive with respect to such bonds, and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the Pickens County Airport Authority. SECTION 21. 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 Pickens County, Georgia; and any action pertaining to validation of any 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 22. Interest of bondholders protected. While any of the 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 bonds. No other entity, department, agency, or authority will be created which will complete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and holders of any such 5192 JOURNAL OF THE HOUSE bonds, and, upon the issuance of bonds, under the provisions hereof, shall constitute a contract with the holders of such bonds. SECTION 23. Moneys received considered trust funds. 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 24. 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 acquiring, constructing, equipping, maintaining, and operating an airport and the usual facilities related thereto, and improving of such facilities, acquiring facilities and parking areas in connection therewith, acquiring the necessary property therefor, both real and personal, and leasing or selling any or all of such facilities, including real property, and doing any things deemed by the authority to be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings. SECTION 25. Rates, charges, and revenues; use. The authority is authorized to prescribe and fix rates, to revise the same from time to time, and to collect tolls and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any project and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made. SECTION 26. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed or acquired under the provisions of this Act. SECTION 27. Tort immunity. THURSDAY, MARCH 30, 2006 5193 The authority shall have the same immunity and exemption from liability for torts and negligence as Pickens County; 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 Pickens County as when in the performance of their public duties or work for the county. SECTION 28. Tax exemption. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and this state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the projects erected by it or any rates, fees, tolls, or other charges for the use of such projects or other income received by the authority, and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. The exemption from taxation provided for in this section shall not extend to tenants or lessees of the authority and shall not include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. SECTION 29. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. This Act shall not and does not in any way take from Pickens County or any municipality located therein or any adjoining county the authority to work, operate, and maintain projects or to issue revenue bonds as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." SECTION 30. Liberal construction of this Act. This Act being for the welfare of various political subdivisions of the state and its inhabitants shall be liberally construed to effect the purposes of this Act. SECTION 31. Effective date. 5194 JOURNAL OF THE HOUSE This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 32. Repealer. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. SB 668. 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 report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 672. 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 roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson E Anderson Y Crawford Y Cummings Davis Hill, C.A Holmes Y Holt Y Martin Y Maxwell Y May Sailor Y Scheid Y Scott, A THURSDAY, MARCH 30, 2006 5195 Y Ashe Y Barnard Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Borders Y Bridges Y Brooks Brown Y Bruce Y Bryant Buckner, D Y Buckner, G Burkhalter 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 Day Dean Y Dickson Y Dodson Dollar Y Drenner Dukes Ehrhart Y England Epps Y Everson Fleming E 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 Heckstall Y Hembree E Henson Y Hill, C Y Horne Y Houston Y Howard, E Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Johnson Jones, J Y Jones, S Jordan Keen Y Keown Y Kidd Knight Y Knox Lakly Y Lane, B Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Manning Marin McCall McClinton Y Meadows Millar Y Mills Y Mitchell Morgan 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 Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Stanley-Turner Y Stephens Stephenson Y Talton Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Willard Y Williams, A Y Williams, E Williams, R Y Wix Yates Richardson, Speaker On the passage of the Bills, the ayes were 118, nays 1. The Bills, having received the requisite constitutional majority, were passed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate insists on its substitutes to the following bills of the House: HB 1372. By Representative Harbin of the 118th: A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to provide for mechanisms for termination of coverage for 5196 JOURNAL OF THE HOUSE nonpayment of premium; to provide for notification to employers; to provide for the introduction and consideration of bills impacting the state health benefit plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1373. By Representatives Harbin of the 118th, Burkhalter of the 50th and Keen of the 179th: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to financial affairs, and Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to change provisions relating to the state budget process and budgetary information; to repeal the creation of the Budgetary Responsibility Oversight Committee and matters relative thereto; to provide for certain reports with respect to federal funds and other agency funds; to repeal certain duties and responsibilities of the Budgetary Responsibility Oversight Committee; 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 304. By Representatives Burmeister of the 119th, Yates of the 73rd, Shaw of the 176th, Cummings of the 16th and Rice of the 51st: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to change the provisions relating to the imposition and determination of the amount of certain regulatory fees by local governments; to provide for related matters; to repeal conflicting laws; and for other purposes. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Balfour of the 9th, Jones of the 10th, and Heath of the 31st. The Senate has disagreed to the House substitute to the following bill of the Senate: SB 503. By Senators Hamrick of the 30th and Hill of the 4th: A BILL to be entitled an Act to amend Chapter 21A of Title 15, Title 17, and Code Section 42-8-34.1 of the O.C.G.A., relating respectively to judicial accounting, criminal procedure, and to legal defense for indigents, requirements for revocation of probated or suspended sentence, so as to THURSDAY, MARCH 30, 2006 5197 change certain provisions relating to the Georgia Public Defender Standards Council and the provision of legal services to indigent persons; to clarify that the application fee for indigent defense services is not a prerequisite to obtaining legal services; to specify the types of standards that shall be submitted to the General Oversight Committee for the Georgia Public Defender Standards Council; to change certain provisions relating to the budget for the Office of the Georgia Capital Defender; 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 294. By Representatives Miller of the 106th, Benfield of the 85th, Day of the 163rd, Smith of the 129th and Mumford of the 95th: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for photographic speed-monitoring systems; to provide for definitions and operating requirements relative to such photographic speed-monitoring systems; to provide for a civil monetary penalty for violations; to provide for enforcement; to provide for related matters; to repeal conflicting laws; and for other purposes. 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. HB 941. By Representatives Benton of the 31st, England of the 108th, Bearden of the 68th, Mosley of the 178th, Maddox of the 172nd and others: 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 5198 JOURNAL OF THE HOUSE 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. HB 1177. By Representatives Smith of the 129th, Graves of the 12th, Smith of the 13th, Channell of the 116th, Wix of the 33rd and others: A BILL to be entitled an Act to amend Code Section 32-2-60 of the Official Code of Georgia Annotated, relating to Department of Transportation construction contracts, so as to provide for bonding amounts for certain projects; 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 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. By unanimous consent, the following Resolution of the Senate was read the first time and referred to the Committee: SR 1127. By Senator Douglas of the 17th: A RESOLUTION urging the United States Department of Defense to take action to cause the commissary and post exchange located on Fort Gillem to remain open; and for other purposes. Referred to the Committee on Defense & Veterans Affairs. The following members were recognized during the period of Morning Orders and addressed the House: THURSDAY, MARCH 30, 2006 5199 Jones of the 44th, Walker of the 107th, and Forster of the 3rd. The following Resolutions of the House were read and referred to the Committee on Rules: HR 2089. By Representatives Ashe of the 56th and Gardner of the 57th: A RESOLUTION commending Julie Edelson; and for other purposes. HR 2090. By Representatives Drenner of the 86th, Gardner of the 57th, Orrock of the 58th, Ashe of the 56th, Benfield of the 85th and others: A RESOLUTION recognizing the importance of discouraging discrimination within the United States Armed Forces; and for other purposes. The following Resolutions of the House were read: HR 2091. By Representative Mangham of the 94th: A RESOLUTION commending FunCity Party Rentals; and for other purposes. HR 2092. By Representatives Smyre of the 132nd, Porter of the 143rd, Hugley of the 133rd, Ashe of the 56th, Orrock of the 58th and others: A RESOLUTION commending Honorable Bill Cummings; and for other purposes. HR 2093. By Representatives Smyre of the 132nd, Porter of the 143rd, Hugley of the 133rd, Ashe of the 56th, Orrock of the 58th and others: A RESOLUTION commending Honorable Paul Smith; and for other purposes. HR 2094. By Representatives Smyre of the 132nd, Porter of the 143rd, Hugley of the 133rd, Ashe of the 56th, Orrock of the 58th and others: A RESOLUTION commending Honorable Ron Borders; and for other purposes. HR 2095. By Representatives Mangham of the 94th and Henson of the 87th: 5200 JOURNAL OF THE HOUSE A RESOLUTION congratulating Mr. John King on winning first place in the contemporary master barbering competition at the Bronner Brothers Hair Show; and for other purposes. HR 2096. By Representatives Holmes of the 61st, James of the 135th, Hugley of the 133rd, Watson of the 91st, Randall of the 138th and others: A RESOLUTION commending the Reed-Broadnax-Ingram Family Reunion; and for other purposes. HR 2097. By Representatives Johnson of the 37th, Wix of the 33rd, Teilhet of the 40th and Morgan of the 39th: A RESOLUTION commending Gospel Harvester World Outreach Center; and for other purposes. HR 2098. By Representatives Johnson of the 37th, Wix of the 33rd, Teilhet of the 40th, Manning of the 32nd and Mumford of the 95th: A RESOLUTION commending Cobb County Daylily Society; and for other purposes. HR 2099. By Representatives Davis of the 109th and Lunsford of the 110th: A RESOLUTION congratulating the Henry County High School wrestling team on winning the 4AAAA State Dual Championship; and for other purposes. HR 2100. By Representative Everson of the 106th: A RESOLUTION commending Officer Kevin Sebring; and for other purposes. HR 2101. By Representative Everson of the 106th: A RESOLUTION commending Officer Gregory Perry; and for other purposes. HR 2102. By Representative Everson of the 106th: A RESOLUTION commending Susan Healey; and for other purposes. THURSDAY, MARCH 30, 2006 5201 HR 2103. By Representative Wilkinson of the 52nd: A RESOLUTION commending Judy Golden; and for other purposes. HR 2104. By Representatives Mangham of the 94th, Brooks of the 63rd, Abdul-Salaam of the 74th, Talton of the 145th, Stephens of the 164th and others: A RESOLUTION commending the President of the Republic of Namibia, Hifikepunye Pohamba and the Minister of Trade and Industry, the Honorable Immanuel Ngatjizeko, MP; and for other purposes. HR 2105. By Representatives Johnson of the 37th, Wix of the 33rd, Teilhet of the 40th and Morgan of the 39th: A RESOLUTION commending Milford Church of God; and for other purposes. HR 2106. By Representatives Buckner of the 76th, Barnes of the 78th, Dodson of the 75th, Jordan of the 77th, Porter of the 143rd and others: A RESOLUTION commending Honorable Terrell Starr; and for other purposes. HR 2107. By Representative Meadows of the 5th: A RESOLUTION celebrating the births of John William Meadows and Brian Patrick Meadows; and for other purposes. HR 2108. By Representatives Stephens of the 164th, Carter of the 159th, Jackson of the 161st and Bryant of the 160th: A RESOLUTION express regret at the passing of Eliza Elizabeth Bazemore; and for other purposes. HR 2109. By Representative Powell of the 29th: A RESOLUTION commemorating the Sesquicentennial of the City of Hartwell; and for other purposes. HR 2110. By Representatives Smyre of the 132nd, Smith of the 129th, Buckner of the 130th, Smith of the 131st and Hugley of the 133rd: 5202 JOURNAL OF THE HOUSE A RESOLUTION expressing regret at the passing of Jack Mickle; and for other purposes. HR 2111. By Representatives Johnson of the 37th, Wix of the 33rd, Parsons of the 42nd, Manning of the 32nd, Tumlin of the 38th and others: A RESOLUTION commending Dr. Dianna Johnson; and for other purposes. HR 2112. By Representatives Johnson of the 37th, Wix of the 33rd, Parsons of the 42nd, Manning of the 32nd, Tumlin of the 38th and others: A RESOLUTION commending Mr. David McGinnis on his recent appointment as president of Security Exchange Bank; and for other purposes. HR 2113. By Representatives Stephens of the 164th, Carter of the 159th, Jackson of the 161st and Bryant of the 160th: A RESOLUTION commemorating the 200th anniversary of the Savannah Area Chamber of Commerce; and for other purposes. HR 2114. By Representatives Johnson of the 37th, Wix of the 33rd, Teilhet of the 40th, Manning of the 32nd and Mumford of the 95th: A RESOLUTION commending Pat Bennett; and for other purposes. HR 2115. By Representatives Smyre of the 132nd, Porter of the 143rd, Hugley of the 133rd, Ashe of the 56th, Orrock of the 58th and others: A RESOLUTION commending Honorable Alberta J. Anderson; and for other purposes. HR 2116. By Representatives Smyre of the 132nd, Porter of the 143rd, Hugley of the 133rd, Ashe of the 56th, Orrock of the 58th and others: A RESOLUTION commending Honorable Mike Barnes; and for other purposes. HR 2117. By Representatives Holmes of the 61st, James of the 135th, Morgan of the 39th, Hugley of the 133rd, Watson of the 91st and others: A RESOLUTION commending the Stubbs-Washington-Branson Family Reunion; and for other purposes. THURSDAY, MARCH 30, 2006 5203 HR 2118. By Representative Stanley-Turner of the 53rd: A RESOLUTION recognizing the Mattie Call alert system for missing adults who suffer from Alzheimer's disease, Autism, dementia, and other cognitive and mental impairments; and for other purposes. HR 2119. By Representatives Smyre of the 132nd, Porter of the 143rd, Hugley of the 133rd, Ashe of the 56th, Orrock of the 58th and others: A RESOLUTION commending House Speaker Emeritus Terry Coleman; and for other purposes. HR 2120. By Representative Mangham of the 94th: A RESOLUTION remembering and honoring the life of Mrs. Ammer ScalesReynolds; and for other purposes. HR 2121. By Representatives Mangham of the 94th, Stephenson of the 92nd and Henson of the 87th: A RESOLUTION congratulating Green Pastures Christian Ministries; and for other purposes. HR 2122. By Representatives Everson of the 106th, Casas of the 103rd and Cox of the 102nd: A RESOLUTION congratulating Brookwood High School on being selected for the Governor and First Lady's after-prom party; and for other purposes. HR 2123. By Representative Everson of the 106th: A RESOLUTION commending Officer Bruce Sherman; and for other purposes. HR 2124. By Representatives Johnson of the 37th, Hanner of the 148th, Shaw of the 176th, Cummings of the 16th and Williams of the 4th: A RESOLUTION commending Mr. Gerald Johnson; and for other purposes. HR 2125. By Representatives Keen of the 179th and Richardson of the 19th: A RESOLUTION commending Barbara Bunn upon her retirement; and for other purposes. 5204 JOURNAL OF THE HOUSE HR 2126. By Representative Reece of the 11th: A RESOLUTION recognizing and commending J. P. and Marie Smith; and for other purposes. HR 2127. By Representative Buckner of the 76th: A RESOLUTION commending Betty McAndrew for her inspiring commitment to helping others; and for other purposes. HR 2128. By Representatives Mangham of the 94th and Henson of the 87th: A RESOLUTION commending Margaret Freeman; and for other purposes. HR 2129. By Representatives Holmes of the 61st, James of the 135th, Everson of the 106th, Morgan of the 39th, Hugley of the 133rd and others: A RESOLUTION commending Alpha Phi Alpha Fraternity and the Eta Lambda Chapter; and for other purposes. HR 2130. By Representatives Jones of the 46th and Martin of the 47th: A RESOLUTION commending Ross Friedman; and for other purposes. HR 2131. By Representative Smith of the 129th: A RESOLUTION welcoming Kia Motors Corporation to Georgia; and for other purposes. HR 2132. By Representative Fludd of the 66th: A RESOLUTION commending The Jordan Foundation; and for other purposes. HR 2133. By Representatives Ashe of the 56th, Buckner of the 76th, Reece of the 11th, Stanley-Turner of the 53rd, Hill of the 180th and others: A RESOLUTION commending Nellie Duke; and for other purposes. HR 2134. By Representative Keown of the 173rd: A RESOLUTION commending First Newark Baptist Church; and for other purposes. THURSDAY, MARCH 30, 2006 5205 HR 2135. By Representatives Coleman of the 144th, Murphy of the 120th and Morris of the 155th: A RESOLUTION honoring Walter Clarence "Dub" Taylor and recognizing his son, Buck Taylor; and for other purposes. HR 2136. By Representatives Ralston of the 7th, Morris of the 155th, Lunsford of the 110th, Roberts of the 154th, Barnes of the 78th and others: A RESOLUTION commending the Technology Student Association; and for other purposes. HR 2137. By Representatives Roberts of the 154th and Ralston of the 7th: A RESOLUTION expressing regret at the passing of Crimora Stanley; and for other purposes. HR 2138. By Representative Millar of the 79th: A RESOLUTION recognizing and commending Jameson Inns, Inc.; and for other purposes. HR 2139. By Representative Stanley-Turner of the 53rd: A RESOLUTION honoring Pastor Rodney K. Turner on the occasion of his third anniversary as pastor of Mt. Vernon Baptist Church; and for other purposes. HR 2140. By Representatives Black of the 174th, Borders of the 175th and Shaw of the 176th: A RESOLUTION recognizing an commending Mr. Lowell M. Upchurch; and for other purposes. HR 2141. By Representatives Jacobs of the 80th, Henson of the 87th, Wilkinson of the 52nd, Lindsey of the 54th, Millar of the 79th and others: A RESOLUTION commending the Jewish Federation of Greater Atlanta on its 100 year anniversary; and for other purposes. HR 2142. By Representative Fleming of the 117th: A RESOLUTION congratulating Mrs. Edith Hardin Reese on the occasion of her 100th birthday; and for other purposes. 5206 JOURNAL OF THE HOUSE HR 2143. By Representatives Abdul-Salaam of the 74th, Barnes of the 78th, Jordan of the 77th, Heckstall of the 62nd, Bruce of the 64th and others: A RESOLUTION remembering and honoring the life of Mrs. Lisa Katherine Delores Gordon Dawson; and for other purposes. HR 2144. By Representatives Tumlin of the 38th and Manning of the 32nd: A RESOLUTION honoring the life of James Dana Eastham; and for other purposes. HR 2145. By Representatives Rogers of the 26th, Reece of the 27th, Benton of the 31st and Mills of the 25th: A RESOLUTION commending Carolyn Mahar; and for other purposes. HR 2146. By Representatives Black of the 174th, Borders of the 175th and Shaw of the 176th: A RESOLUTION recognizing and commending D. C. Watkins, Sr., his family and the Watkins Music Hall; and for other purposes. HR 2147. By Representatives Borders of the 175th and Black of the 174th: A RESOLUTION commending Arsha Vijnana Mandiram; and for other purposes. HR 2148. By Representatives Buckner of the 76th, Barnes of the 78th, Dodson of the 75th, Abdul-Salaam of the 74th, Jordan of the 77th and others: A RESOLUTION honoring the Riverdale High School Technology Student Association; and for other purposes. HR 2149. By Representatives Byrd of the 20th, Hill of the 21st and Murphy of the 23rd: A RESOLUTION commending Jordan Sanderson on becoming an Eagle Scout; and for other purposes. HR 2150. By Representatives Reece of the 27th, Mills of the 25th, Benton of the 31st and Rogers of the 26th: THURSDAY, MARCH 30, 2006 5207 A RESOLUTION recognizing and commending Ms. Martha Zoller; and for other purposes. HR 2151. By Representatives Fleming of the 117th, Burmeister of the 119th and Harbin of the 118th: A RESOLUTION commending Coach Jimmie Lewis; and for other purposes. HR 2152. By Representatives Johnson of the 37th, Wix of the 33rd, Teilhet of the 40th and Morgan of the 39th: A RESOLUTION commending Trinity Chapel; and for other purposes. HR 2153. By Representatives Johnson of the 37th, Wix of the 33rd, Teilhet of the 40th, Manning of the 32nd and Mumford of the 95th: A RESOLUTION commending the Georgia Iris Society; and for other purposes. HR 2154. By Representative Ray of the 136th: A RESOLUTION commending Mr. Clyde Yates Crutchfield; and for other purposes. HR 2155. By Representatives Keen of the 179th, Richardson of the 19th, Burkhalter of the 50th and Fleming of the 117th: A RESOLUTION commending Sam Choate; and for other purposes. HR 2156. By Representative Burns of the 157th: A RESOLUTION recognizing and commending Mr. W. Burton Kemp, Sr., for his contributions to the Sylvania, Georgia, community; and for other purposes. HR 2157. By Representatives Roberts of the 154th, Richardson of the 19th, Byrd of the 20th, Keen of the 179th and Chambers of the 81st: A RESOLUTION commending America's Promise - The Alliance for Youth; recognizing April 17 through April 23, 2006, as America's Promise Week in Georgia; and extending gratitude to Monica Pang, its national spokeswoman and the reigning Miss Georgia; and for other purposes. 5208 JOURNAL OF THE HOUSE HR 2158. By Representatives Coleman of the 144th, Parrish of the 156th, Burkhalter of the 50th, Smyre of the 132nd, Greene of the 149th and others: A RESOLUTION commending Taiwan on its contributions to the global economy, the promotion of world peace, freedom, and human rights and supporting its efforts to join the World Health Organization and other international organizations as well as efforts to enter into a free trade agreement with the United States; and for other purposes. HR 2159. By Representative Richardson of the 19th: A RESOLUTION recognizing and expressing appreciation to the General Assembly's information technology staff; expressing thanks to the individuals and organizations involved in the creation of the new legislative computer network; and for other purposes. HR 2160. By Representative Reece of the 27th: A RESOLUTION recognizing November, 2006, as Prematurity Awareness Month; and for other purposes. HR 2161. By Representatives Lunsford of the 110th, Fludd of the 66th, Mumford of the 95th, Holt of the 112th and Willard of the 49th: A RESOLUTION recognizing Child Abuse Prevention Month; 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 Anderson Y Ashe Barnard Barnes Bearden Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Borders Y Bridges Y Brooks Y Brown Y Bruce Y Crawford Y Cummings Y Davis Day Dean Y Dickson Dodson Dollar Drenner Dukes Y Ehrhart Y England Epps Y Everson Fleming E Floyd, H Y Floyd, J Y Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Martin Maxwell Y May McCall McClinton Y Meadows Millar Y Mills Y Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford 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 E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre THURSDAY, MARCH 30, 2006 5209 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 Y Coleman, B Coleman, T Cooper Cox 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 Heckstall Y Hembree E Henson Y Hill, C Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Lane, R Y Lewis Lindsey Y Lord E Loudermilk Lucas Y Lunsford Maddox Y Mangham Manning Marin Y Oliver Y O'Neal Orrock Y Parham Y Parrish Y Parsons Y 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 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 Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolutions, the ayes were 125, nays 0. The Resolutions were adopted. Under the general order of business, established by the Committee on Rules, the following Resolutions of the Senate were taken up for consideration and read the third time: SR 282. By Senator Bulloch of the 11th: A RESOLUTION dedicating the John Lee Drake, Sr., Highway; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION Dedicating the John Lee Drake, Sr., Intersection; and for other purposes. WHEREAS, while living in the Fairchild community, John Lee Drake, Sr., served as county commissioner for the F.D.R. District from 1928-1935; and WHEREAS, he was elected to the Georgia House of Representatives and served Seminole County from 1937-1944; and WHEREAS, he was elected to the Senate and served from 1945-1946; and 5210 JOURNAL OF THE HOUSE WHEREAS, it is abundantly fitting and proper that the many achievements, accomplishments, and contributions of John Lee Drake, Sr., in Seminole County and in the State of Georgia be appropriately recognized. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of SR 39 with County Road 253 in Seminole County be dedicated as the John Lee Drake, Sr., Intersection, and the Department of Transportation is authorized and directed to place and maintain appropriate markers dedicating the John Lee Drake, Sr., Intersection. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copies of this resolution to the family of John Lee Drake, Sr., 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. SR 433. By Senator Tolleson of the 20th: A RESOLUTION dedicating a portion of US Highway 441 within the corporate limits of the City of McRae in honor of Mayor Johnny Bradfield; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution was agreed to. SR 434. By Senator Tolleson of the 20th: A RESOLUTION dedicating a portion of US Highway 341 within the corporate limits of the City of McRae as Martin Luther King, Jr., Blvd.; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution was agreed to. SR 639. By Senator Seabaugh of the 28th: A RESOLUTION dedicating the SGT Mike Stokely Memorial Highway; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution was agreed to. THURSDAY, MARCH 30, 2006 5211 SR 686. By Senator Schaefer of the 50th: A RESOLUTION designating the J. Alton Wingate, Sr., Memorial Parkway; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution was agreed to. SR 864. By Senators Douglas of the 17th and Hudgens of the 47th: A RESOLUTION dedicating the SGT Mike Stokely Memorial Highway; and for other purposes The report of the Committee, which was favorable to the adoption of the Resolution was agreed to. SR 873. By Senators Stoner of the 6th, Wiles of the 37th, Hill of the 32nd, Rogers of the 21st and Thompson of the 33rd: A RESOLUTION commending the accomplishments of Emory Parrish and dedicating the Emory Parrish Interchange; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION To dedicate certain portions of the state highway system; and for other purposes. PART I WHEREAS, Emory Parrish was born in 1929 and reared in Adel, in Cook County, Georgia; and WHEREAS, he was born to June Jackson Parrish and Ada Belle S. Parrish; and WHEREAS, he went to Cook County schools and graduated from Sparks-Adel High School in 1946; and WHEREAS, in 1950, he married his high school sweetheart, Nelda Futch, and they have been blessed with 55 years of marriage, two children, two grandchildren, and two greatgrandchildren; and WHEREAS, he graduated from Georgia Tech with a degree in civil engineering and was commissioned as a 2nd Lieutenant in the United States Army Corps of Engineers; and 5212 JOURNAL OF THE HOUSE WHEREAS, upon graduation, he went to work for the State Highway Department until being called to active duty in July, 1951, and he spent two years in Germany while in the Army; and WHEREAS, he was separated from active duty in 1954 and returned to work at the State Highway Department in Sylvester, Georgia; and WHEREAS, he earned his Master's of Science degree in civil engineering in 1960, and in 1967 he was appointed the first deputy commissioner of the Department of Transportation, a position he held for 13 years; and WHEREAS, during his tenure at the Georgia Department of Transportation, he was involved in many projects, including serving on the committee to design and create MARTA and the initial traffic study that planned what eventually became I-285; and WHEREAS, his military career really began with his leaving active duty in 1954, as he held numerous positions and ended up serving as the Commanding General of the Army Reserve Command; and WHEREAS, he retired from the Georgia Department of Transportation in 1981 and from the military in 1983; and WHEREAS, it is only fitting that a person who has served the people of Georgia, and the nation, so honorably for so many years should be honored by having a major interchange on a busy interstate named in his honor. PART II WHEREAS, the Vandiver family were the original settlers of the Tallulah Falls area; and WHEREAS, for the purpose of trading with the Native Americans, Reverend George Vandiver constructed a trading post at the junction of the Tallulah and Chattooga Rivers, which in the 1780's was the first permanently established business in the Tallulah Falls area; and WHEREAS, Reverend George Vandiver was a soldier in the Revolutionary War who drew a pension for his honorable service in that war and who is buried in the area now known as Tallulah Gorge State Park; and WHEREAS, Reverend George Vandiver was the first moderator of the Tugalo Baptist Convention; and WHEREAS, in recognition and tribute to Reverend George Vandiver as a truly great patriot, minister, tradesman, and citizen of the Tallulah Falls area, it is most fitting that the State of Georgia perpetuate his name in an appropriate fashion. THURSDAY, MARCH 30, 2006 5213 PART III WHEREAS, the Vandiver family were the original settlers of the Tallulah Falls area; and WHEREAS, the most famous of that family was Adam Poole Vandiver, due to his exploits as a hunter, trapper, pathfinder, and storyteller whose door was always open for his fellow citizen and the weary traveler who chanced upon his cabin; and WHEREAS, Adam Poole Vandiver served in the War of 1812 and the Creek Indian War; and WHEREAS, Adam Poole Vandiver was wounded during the Battle of Autosee while fighting to protect the citizens of Georgia; and WHEREAS, Adam Poole Vandiver never turned a hungry traveler from his door nor failed to give directions to any who may have been lost in the area, always being ready to assist his fellow man; and WHEREAS, Adam Poole Vandiver was known as the "Hunter of Tallulah" and his descendants still populate the Tallulah Falls area; and WHEREAS, in recognition and tribute to the numerous, lengthy, and detailed truths and legends which make up the legacy of Adam Poole Vandiver to the area of Tallulah Falls, it is most fitting that the State of Georgia perpetuate his name in an appropriate fashion. PART IV WHEREAS, Mary Will was born to William and Sally Rutherford on October 1, 1910, on what is now known as SR 355; and WHEREAS, in 1928, she married Dewey Robinson, whose family also lived on SR 355, and together they had six children; and WHEREAS, she was widowed in 1949 and left to raise her children, one of whom was born three months after her husband's death, alone; and WHEREAS, the family endured many hardships and all of them worked for neighboring farmers to support themselves; and WHEREAS, Mary Will's children attended Marion County public schools and all of them grew up to be responsible adults; and WHEREAS, Mary Will was an active member of the community, sometimes acting as midwife and sometimes serving as the undertaker, and she also cared for her widowed father until his death; and 5214 JOURNAL OF THE HOUSE WHEREAS, she was one of the founding members of the Brown Springs Church of God and was the last surviving member when she passed away; she rarely missed a church service and helped to care for the cemetery which is now her final resting place; and WHEREAS, three of her sons, Clarence (Peewee), Rainey, and Benny still live in the community; and WHEREAS, to honor Mary Will Robinson and her life of service to her family, her church, and her community, it is only fitting that the highway she was born and died on should be named in her honor. PART V NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body dedicate the interchange of routes I-75 and I285 in Cobb County as the Emory Parrish Interchange. BE IT FURTHER RESOLVED that Reverend George Vandiver is memorialized by the dedication of one of the bridges on US 441 immediately north of the Town of Tallulah Falls, Georgia as the Reverend George Vandiver Memorial Bridge. BE IT FURTHER RESOLVED that Adam Poole Vandiver is memorialized by the dedication of one of the bridges on US 441 immediately north of the Town of Tallulah Falls, Georgia as the Adam Poole Vandiver Memorial Bridge. BE IT FURTHER RESOLVED that the portion of SR 355 beginning at the intersection of Dr. Brooks Road and continuing to the intersection with SR 352, in Marion County, is dedicated as the Mary Will Robinson Memorial Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation, to Emory Parrish, to the family of Reverend George Vandiver, to the family of Adam Poole Vandiver, and to the family of Mary Will Robinson. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. SR 1028. By Senator Thompson of the 33rd: A RESOLUTION honoring the life of Dr. Luke Glenn Garrett, Jr., and THURSDAY, MARCH 30, 2006 5215 dedicating the Dr. Luke Glenn Garrett, Jr. Memorial Highway in his memory; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION To dedicate certain portions of the state highway system; and for other purposes. PART I WHEREAS, Dr. Luke Glenn Garrett, Jr., was born in Austell, Georgia, on New Year's Day in 1917; and WHEREAS, after graduating from Emory University School of Medicine, he followed in the footsteps of his father and grandfather by attending to the medical needs of the citizens of Austell and the surrounding area; and WHEREAS, while a student at Emory, he met Gladys Elliott, a young nurse from Henry County, and they fell in love and were married in June of 1941; and WHEREAS, shortly after the marriage, Dr. Garrett served with the United States infantry in Europe during World War II, earning several decorations, including a Bronze Star for bravery while saving the life of a young soldier; and WHEREAS, he returned to Austell after the war and joined his father's medical practice and was thereafter elected mayor, serving from 1948 through 1950 and 1958 through 1965; and WHEREAS, he was a member of several civic organizations and served as president of the Austell Rotary Club, South Cobb High School PTA, and the Cobb Association of Retarded Citizens; and WHEREAS, Dr. Garrett served with dedication at two area hospitals, Cobb General and Atlanta West, and it was due to his diligence and commitment that Atlanta West Hospital remained open to serve the South Cobb community; and WHEREAS, he was a loving husband and father of three, Luke Glenn Garrett III of Austell, Patricia A. Wilder of Lithia Springs, and Glenna Lucille Garrett of Columbia, South Carolina; and WHEREAS, Dr. Garrett was widely known as a humanitarian who cared more about his patients than his fees and as a person who treated everyone equally and with great respect; and 5216 JOURNAL OF THE HOUSE WHEREAS, Dr. Luke Glenn Garrett, Jr., was a legend that has left us with an example of a life well lived in public and private service and it is only fitting that a highway should be named in his honor. PART II WHEREAS, James M. Cannon, Sr., served with dedication on the City Council of Leesburg, Georgia, for many years; and WHEREAS, he was a member of the Board of Directors of First State Bank of Leesburg; and WHEREAS, he was a sheriff's deputy for many years when he was a younger man in Lee County, Georgia; and WHEREAS, James M. Cannon, Sr., owned and operated a service station in the City of Leesburg for many years; and WHEREAS, his family owned and operated a peanut mill in Leesburg for many years; and WHEREAS, he was raised in Leesburg and lived in Leesburg his entire life; and WHEREAS, the current U.S. Highway 19 Bypass is constructed on a portion of James M. Cannon, Sr.'s, father's farm; and WHEREAS, James M. Cannon, Sr., was a dedicated family man, church man, councilman, businessman, and friend to the City of Leesburg and it is only fitting that the U.S. Highway 19 Bypass be named in his memory. PART III WHEREAS, Houston County is the host county to Robins Air Force Base and has a long and close relationship with and deep interest in the base's existence and expansion to become a key installation for the United States Air Force and Department of Defense; and WHEREAS, Robins Air Force Base not only attracts military and civilian workers to our county and area to live, but also over 16,708 veterans, with over 1,200 having served in World War II; and WHEREAS, statistics show at least 1,800 World War II veterans die each day, causing our nation to lose living heroes and members of what has been referred to as The Greatest Generation on a daily basis; and THURSDAY, MARCH 30, 2006 5217 WHEREAS, all Americans owe a debt of gratitude to the men and women of our armed forces who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world. PART IV NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 6 Spur, formerly known as Westside Drive, fronting the Norfolk Southern rail facility, in Cobb County, is dedicated as the Dr. Luke Glenn Garrett, Jr. Memorial Highway. BE IT FURTHER RESOLVED that the Leesburg U.S. Highway 19 Bypass is dedicated as the James M. Cannon, Sr. Memorial Bypass. BE IT FURTHER RESOLVED that the portion of Georgia Highway 96 in Houston County is dedicated as the Veterans Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, to the family of Dr. Luke Glenn Garrett, Jr., and to the family of James M. Cannon, Sr. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. SR 1034. By Senator Goggans of the 7th: A RESOLUTION celebrating the life of SGT Mathew Vincent Gibbs and dedicating the SGT Mathew Vincent Gibbs Memorial Bridge; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION To dedicate certain portions of the state highway system; and for other purposes. PART I WHEREAS, SGT Mathew Vincent Gibbs was a member of 648th Engineer Battalion of the 48th Infantry Brigade of the Georgia National Guard; and 5218 JOURNAL OF THE HOUSE WHEREAS, while serving in Baghdad, Iraq, he was killed on August 3, 2005; and WHEREAS, he was promoted to the rank of sergeant posthumously; and WHEREAS, he is survived by his wife, Reagan C. Gibbs, and two daughters, Ariana and Arissa; and WHEREAS, this courageous soldier, who in the spirit of the American patriot, volunteered to confront the dangers, privations, and discomforts of wartime service and in the spirit of humanity strived to keep the peace in Iraq with fortitude and steadfast resolve, making us as a nation truly proud; and WHEREAS, all Americans owe a debt of gratitude to the men and women of our armed forces who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world. PART II WHEREAS, Major Thomas A. Duckett, a citizen of Ringgold, Catoosa County, Georgia, graduated with honors from the schools of Catoosa County and was active in the Boynton Baptist Church; and WHEREAS, he attended LaGrange College where he excelled in sports and graduated with honors with a Bachelor of Science in chemistry; and WHEREAS, he entered the United States Air Force and attended the Officer Candidate School and flight school as a lieutenant; and WHEREAS, Lieutenant Duckett was recognized for his dependability, outstanding airmanship, and professionalism, which led to his promotion to captain as a pilot and forward air controller while serving in Thailand during the Vietnam War; and WHEREAS, Captain Duckett was shot down over Laos while honorably serving his country in the defense of freedom on December 12, 1970, and later was promoted to the rank of major; and WHEREAS, it is most appropriate that Major Duckett be honored in perpetuity for his honorable service and sacrifice. PART III NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body offer their sincere condolences to the family and friends of SGT Mathew Vincent Gibbs and dedicate the 17 Mile River Bridge at mile THURSDAY, MARCH 30, 2006 5219 marker 7 on SR 206, in Coffee County, as the SGT Mathew Vincent Gibbs Memorial Bridge. BE IT FURTHER RESOLVED that the members of this body join in honoring the memory of a great Georgian, Major Thomas A. Duckett, for his honorable service and sacrifice for the people of Georgia and the United States of America and that the Interstate 75 Exit 348 Interchange is dedicated as the Major Thomas A. Duckett Interchange. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers dedicating the road facilities named in this resolution. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation, to the family of SGT Mathew Vincent Gibbs, and to the family of Major Thomas A. Duckett. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. SR 1093. By Senator Grant of the 25th: A RESOLUTION celebrating the life of Durward D. (Red) Murphy and dedicating the Durward D. (Red) Murphy Memorial Bridge; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. SR 1094. By Senator Grant of the 25th: A RESOLUTION celebrating the life of Charles S. (Buddy) Cowan, Jr., and dedicating the Charles S. (Buddy) Cowan, Jr. Memorial Bridge; 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 vote was made applicable to the previously read Resolutions. 5220 JOURNAL OF THE HOUSE On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Borders Y Bridges Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Butler Byrd Carter Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Epps Y Everson Fleming E 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 Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson Y Hill, C Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Knox Y Lakly Y Lane, B Lane, R Y Lewis Y Lindsey Y Lord E Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Marin Y Martin Maxwell Y May McCall McClinton Y Meadows Millar 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 Y Ralston Randall Y Ray Y Reece, B 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 Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Tumlin Y Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolutions, the ayes were 128, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted. The following Bills and Resolution of the Senate, having been postponed from the previous legislative day, were taken up for consideration and read the third time: SB 533. By Senators Bulloch of the 11th, Smith of the 52nd and Hamrick of the 30th: A BILL to be entitled an Act to amend Chapter 32 of Title 31 of the Official THURSDAY, MARCH 30, 2006 5221 Code of Georgia Annotated, relating to living wills, so as to revise the statutory living will form; 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 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to revise the statutory living will form; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, is amended by striking subsection (b) of Code Section 31-32-3, relating to execution of living wills, witnesses, and forms; and inserting in its place the following: (b) The declaration shall be a document, separate and self-contained. Any declaration which constitutes an expression of the declarant's intent shall be honored, regardless of the form used or when executed. Declarations executed on or after March 28, 1986, shall be valid indefinitely unless revoked. A declaration similar to the following form or in substantially the form specified under prior law shall be presumed on its face to be valid and effective: 'LIVING WILL Living will made this ______ day of ______________ (month, year). I, _______________________, being of sound mind, willfully and voluntarily make known my desire that my life shall not be prolonged under the circumstances set forth below and do declare: 1. If at any time I should (check each option desired my initials indicate each option desired): (A) Have have a terminal condition, as defined in paragraph (13) of Code Section 31-32-3 _________(Initial) (B) Become become in a coma, as defined in paragraph (2) of Code Section 3132-3, with no reasonable expectation of regaining consciousness, _________(Initial) or 5222 JOURNAL OF THE HOUSE (C) Become become in a persistent vegetative state, as defined in paragraph (9) of Code Section 31-32-3, with no reasonable expectation of regaining significant cognitive function, _________(Initial) as defined in and established in accordance with the procedures set forth in paragraphs (2), (9), and (13) of Code Section 31-32-2 of the Official Code of Georgia Annotated, I direct that the application of the following life-sustaining procedures to my body and that I be permitted to die (check the my initials indicate the option desired): (A) I will receive no nourishment or fluids including nourishment and hydration, _________(Initial) (B) I will receive fluids, but not nourishment including nourishment but not hydration, or _________(Initial) (C) I will receive nourishment, but not fluids _________(Initial) or (D) I will receive nourishment and fluids excluding nourishment and hydration, _________(Initial) be withheld or withdrawn and that I be permitted to die; 2. In the absence of my ability to give directions regarding the use of such lifesustaining procedures, it is my intention that this living will shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal; 3. I understand that I may revoke this living will at any time; 4. I understand the full import of this living will, and I am at least 18 years of age and am emotionally and mentally competent to make this living will; and 5. If I am a female and I have been diagnosed as pregnant, this living will shall have no force and effect unless the fetus is not viable and I indicate by initialing after this sentence that I want this living will to be carried out. _________(Initial) Signed ______________ ____________(City), __________(County), and __________(State of Residence). I hereby witness this living will and attest that: (1) The declarant is personally known to me and I believe the declarant to be at least 18 years of age and of sound mind; (2) I am at least 18 years of age; (3) To the best of my knowledge, at the time of the execution of this living will, I: (A) Am not related to the declarant by blood or marriage; (B) Would not be entitled to any portion of the declarant's estate by any will or by operation of law under the rules of descent and distribution of this state; THURSDAY, MARCH 30, 2006 5223 (C) Am not the attending physician of declarant or an employee of the attending physician or an employee of the hospital or skilled nursing facility in which declarant is a patient; (D) Am not directly financially responsible for the declarant's medical care; and (E) Have no present claim against any portion of the estate of the declarant; (4) Declarant has signed this document in my presence as above instructed, on the date above first shown. Witness _______________________ Address _______________________ Witness _______________________ Address _______________________ Additional witness required when living will is signed in a hospital or skilled nursing facility. I hereby witness this living will and attest that I believe the declarant to be of sound mind and to have made this living will willingly and voluntarily. Witness: ___________________________ Medical director of skilled nursing facility or staff Physician not participating in care of the patient or chief of the hospital medical staff or staff physician or hospital designee not participating in care of the patient.' SECTION 2. This Act shall become effective on July 1, 2006. Any declaration which is in essence a living will, using the form specified in Code Section 31-32-3 as amended by this Act or a form specified under prior provisions of such Code section, shall continue to be valid and effective on and after July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: 5224 JOURNAL OF THE HOUSE Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Borders Y Bridges Y Brooks Y Brown 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 Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Epps Everson Fleming E 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 E Henson Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Knox Y Lakly Y Lane, B Lane, R Y Lewis Y Lindsey Y Lord E Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May McCall McClinton Y Meadows Millar 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 Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E 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 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 141, 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. Due to a mechanical malfunction, the vote of Representative Stephenson of the 92nd was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon. SR 804. By Senators Moody of the 56th and Shafer of the 48th: THURSDAY, MARCH 30, 2006 5225 A RESOLUTION to create the North Fulton Boundary Commission; and for other purposes. The following Committee substitute was read and withdrawn: A RESOLUTION To create the North Fulton Boundary Commission; and for other purposes. WHEREAS, the area of North Fulton County is populated by three municipalities: Alpharetta, Roswell, and Mountain Park, and two additional municipalities, Milton and Johns Creek, have been proposed; and WHEREAS, there has been a significant amount of discussion concerning the appropriate boundaries for such municipalities; and WHEREAS, it is the intent of the General Assembly to permit the local jurisdictions to resolve these issues among themselves, if possible; and WHEREAS, the General Assembly believes that the establishment of a commission composed of representatives of each of the affected municipalities would be the best vehicle for achieving a resolution of these issues. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the North Fulton Boundary Commission to be composed of one representative each selected by the governing authority of the City of Alpharetta, the City of Mountain Park, and the City of Roswell and, if authorized in the 2006 session of the General Assembly, the City of Milton and the City of Johns Creek. The chairperson and vice chairperson of the commission shall be elected from among the members of the commission by the members of the commission. BE IT FURTHER RESOLVED that, upon all members of the commission being appointed, the commission shall undertake a study of the boundaries of such municipalities taking into account the conditions, needs, issues, and problems related thereto including the natural boundaries, communities of interest, service delivery, and the preferences of the residents affected and shall prepare a report recommending any changes 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 not receive any compensation for attending the meetings of the commission. Upon unanimous agreement by the members of the commission, the commission shall make a report of its findings and recommendations, with suggestions 5226 JOURNAL OF THE HOUSE for proposed legislation, if any, on or before February 1, 2007. The commission shall stand abolished on February 1, 2007. The following substitute, offered by Representative Jones of the 46th, was read: A RESOLUTION Proposing an amendment to the Constitution of Georgia so as to change the existing provisions regarding the sales tax for education; to provide that the sales tax for education be distributed only on a per student basis; to provide for an exception; to provide for the submission of this amendment for ratification or rejection; to provide for an effective date; to provide for applicability; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VIII, Section VI of the Constitution is amended by striking subparagraphs (a) and (g) of Paragraph IV and inserting in lieu thereof new subparagraphs (a) and (g) to read as follows: "Paragraph IV. Sales tax for educational purposes. (a)(1) The board of education of each school district in a county in which no independent school district is located may by resolution and the board of education of each county school district and the board of education of each independent school district located within such county may by concurrent resolutions impose, levy, and collect a sales and use tax for educational purposes of such school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. (2) In the event an independent school district is located in a municipality that levies and imposes a municipal water and sewer projects and costs sales and use tax as provided by general law, and the board of education of such independent school district does not adopt the concurrent resolution as provided in subparagraph (a)(1) of this Paragraph, the tax shall not be imposed, levied, and collected within such independent school district and no proceeds under subparagraph (g) of this Paragraph shall be distributed to such independent school system. (3) This tax shall be at the rate of 1 percent and shall be imposed for a period of time not to exceed five years, but in all other respects, except as otherwise provided in this Paragraph, shall correspond to and be levied in the same manner as the tax provided for by Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, as now or hereafter amended. Proceedings for the reimposition of such tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect." THURSDAY, MARCH 30, 2006 5227 "(g) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law. For purposes of this subparagraph, student enrollment shall be based on the latest FTE full-time equivalency count prior to the referendum on imposing the tax." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution of Georgia be amended to provide that the currently authorized one-cent sales tax for public school capital projects be distributed only on a per student basis; to provide for an exception; and to provide for voter referendum approval and collection and distribution of taxes?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state and shall become effective January 1, 2007, and shall apply with respect to taxes imposed or to be imposed under Article VIII, Section VI, Paragraph IV under resolutions adopted after that date. On the adoption of the Floor substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Amerson Y Anderson Y Ashe Y Barnard Barnes Y Bearden Y 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 Y Crawford Y Cummings Y Davis Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Dukes Ehrhart Y England Y Epps Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Martin Y Maxwell Y May McCall McClinton Y Meadows Y Millar 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 Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Stanley-Turner Y Stephens Y Stephenson 5228 JOURNAL OF THE HOUSE Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Carter Casas Y Chambers Y Channell Y Cheokas Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox 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 E Henson Y Hill, C Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Lane, R Y Lewis Y Lindsey Lord E Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 Talton Y 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 On the adoption of the Floor substitute, the ayes were 144, nays 1. The Floor substitute was adopted. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, by substitute On the adoption of the Resolution, 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 Y 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 Y Burmeister Y Burns Y Butler Y Byrd Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Dukes Ehrhart Y England Y Epps Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger Y Golick Y Graves, D Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley 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 Knight Y Knox Y Lakly Y Lane, B Y Martin Y Maxwell Y May McCall McClinton N Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Tumlin THURSDAY, MARCH 30, 2006 5229 Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree E Henson Y Hill, C Y Lane, R Y Lewis Y Lindsey Y Lord E Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Ralston Y Randall Y Ray Y Reece, B Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix Yates Richardson, Speaker On the adoption of the Resolution, by substitute, the ayes were 142, nays 4. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. Representative Jones of the 46th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. SB 572. By Senators Goggans of the 7th, Stephens of the 27th, Williams of the 19th, Douglas of the 17th, Pearson of the 51st and others: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to establish and define a crime of medical assistance managed care fraud; to change certain provisions relating to administrative hearings and appeals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to change certain provisions relating to unlawful acts regarding Medicaid; to provide for inclusion of medical assistance managed care fraud; to change certain provisions relating to administrative hearings and appeals; to provide for hearings on disputed payments before an administrative law judge; to provide for procedure related to such hearings, including assessment of costs; 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: 5230 JOURNAL OF THE HOUSE SECTION 1. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia, relating to medical assistance generally, is amended by striking subsections (a) and (b) of Code Section 49-4146.1, relating to unlawful acts regarding Medicaid, and inserting in lieu thereof new subsections (a), (b), and (i) to read as follows: "(a) As used in this Code section, the term: (1) 'Agent' means any person who has been delegated the authority to obligate or act on behalf of a provider. (2) 'Convicted' means that a judgment of conviction has been entered by any federal, state, or other court, regardless of whether an appeal from that judgment is pending. (3) 'Indirect ownership interest' means any ownership interest in an entity that has an ownership interest in the provider entity. The term includes an ownership interest in any entity that has an indirect ownership interest in the provider entity. (4) 'Managing employee' means a general manager, business manager, administrator, director, or other individual who exercises operational or managerial control over, or who directly or indirectly conducts, the day-to-day operation of the institution, organization, or agency. (5) 'Payment' includes a payment or approval for payment, any portion of which is paid by the Georgia Medicaid program, or by a contractor, subcontractor, or agent for the Georgia Medicaid program pursuant to a managed care program operated, funded, or reimbursed by the Georgia Medicaid program. (5)(6) 'Person' means any person, firm, corporation, partnership, or other entity. (6)(7) 'Person with an ownership or control interest' means a person who: (A) Has ownership interest totaling 5 percent or more in a provider; (B) Has an indirect ownership interest equal to 5 percent or more in a provider; (C) Has a combination of direct and indirect ownership interests equal to 5 percent or more in a provider; (D) Owns an interest of 5 percent or more in any mortgage, deed of trust, note, or other obligation secured by the provider entity if that interest equals at least 5 percent of the value of the property or assets of the provider; (E) Is an officer or director of a provider that is organized as a corporation; or (F) Is a partner in a provider entity that is organized as a partnership. (7)(8) 'Provider' means an actual or prospective provider of medical assistance under this chapter. The term 'provider' shall also include any managed care organization providing services pursuant to a managed care program operated, funded, or reimbursed by the Georgia Medicaid program. (b) It is shall be unlawful: (1) For any person or provider to obtain, or attempt to obtain, or retain for himself, herself, or any other person any medical assistance or other benefits or payments under this article, or under a managed care program operated, funded, or reimbursed by the Georgia Medicaid program, to which the person or provider is not entitled, or in an amount greater than that to which the person or provider is entitled, when the THURSDAY, MARCH 30, 2006 5231 assistance, benefit, or payment is obtained, or attempted to be obtained, or retained, by: (A) Knowingly and willfully making a false statement or false representation; (B) Deliberate concealment of any material fact; or (C) Any fraudulent scheme or device; or (2) For any person or provider knowingly and willfully to accept medical assistance payments to which he or she is not entitled or in an amount greater than that to which he or she is entitled, or knowingly and willfully to falsify any report or document required under this article." "(i) It shall be the duty of the department to identify and investigate violations of this article and to turn over to the prosecuting attorney, for prosecution, any information concerning any recipient of medical assistance who violates this article." SECTION 2. Said article is further amended in Code Section 49-4-153, relating to administrative hearings and appeals, judicial review, and contested cases involving imposition of remedial or punitive measures against a nursing facility, by striking subsection (b) and inserting in lieu thereof the following: "(b)(1) Any applicant for medical assistance whose application is denied or is not acted upon with reasonable promptness and any recipient of medical assistance aggrieved by the action or inaction of the Department of Community Health as to any medical or remedial care or service which such recipient alleges should be reimbursed under the terms of the state plan which was in effect on the date on which such care or service was rendered or is sought to be rendered shall be entitled to a hearing upon his or her request for such in writing and in accordance with the applicable rules and regulations of the department and the Office of State Administrative Hearings. As a result of the written request for hearing, a written recommendation shall be rendered in writing by the administrative law judge assigned to hear the matter. Should a decision be adverse to a party and should a party desire to appeal that decision, the party must file a request in writing to the commissioner or the commissioner's designated representative within 30 days of his or her receipt of the hearing decision. The commissioner, or the commissioner's designated representative, has ten 30 days from the receipt of the request for appeal to affirm, modify, or reverse the decision appealed from. A final decision or order adverse to a party, other than the agency, in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated, and the effective date of the decision or order. Findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Each agency shall maintain a properly indexed file of all decisions in contested cases, which file shall be open for public inspection except those expressly made confidential or privileged by statute. If the commissioner fails to issue a decision, the initial recommended decision shall become the final administrative decision of the commissioner. 5232 JOURNAL OF THE HOUSE (2)(A) A provider of medical assistance may request a hearing on a decision of the Department of Community Health with respect to a denial or nonpayment of or the determination of the amount of reimbursement paid or payable to such provider on a certain item of medical or remedial care of service rendered by such provider by filing a written request for a hearing in accordance with Code Sections 50-13-13 and 50-13-15 with the Department of Community Health. The Department of Community Health shall, within 15 business days of receiving the request for hearing from the provider, transmit a copy of the provider's request for hearing to the Office of State Administrative Hearings. The provider's request for hearing shall identify the issues under appeal and specify the relief requested by the provider. The request for hearing shall be filed no later than 15 business days after the provider of medical assistance receives the decision of the Department of Community Health which is the basis for the appeal. (B) The Office of State Administrative Hearings shall assign an administrative law judge to hear the dispute within 15 days after receiving the request. The hearing is required to commence no later than 90 days after the assignment of the case to an administrative law judge, and the administrative law judge shall issue a written decision on the matter no later than 30 days after the close of the record except when it is determined that the complexity of the issues and the length of the record require an extension of these periods and an order is issued by an administrative law judge so providing, but no longer than 30 days. Such time requirements can be extended by written consent of all the parties. Failure of the administrative law judge to comply with the above time deadlines shall not render the case moot. (C) A request for hearing by a nursing home provider shall stay any recovery or recoupment action. (D) Should the decision of the administrative law judge be adverse to a party and should a party desire to appeal that decision, the party must file a request therefor, in writing, with the commissioner within ten days of his or her receipt of the hearing decision. Such a request must enumerate all factual and legal errors alleged by the party. The commissioner, or the commissioner's designated representative, may affirm, modify, or reverse the decision appealed from. (3) A person or institution who either has been refused enrollment as a provider in the state plan or has been terminated as a provider by the Department of Community Health shall be entitled to a hearing; provided, however, that no entitlement to a hearing before the department shall lie for refusals or terminations based on the want of any license, permit, certificate, approval, registration, charter, or other form of permission issued by an entity other than the Department of Community Health, which form of permission is required by law either to render care or to receive medical assistance in which federal financial participation is available. The final determination (subject to judicial review, if any) of such an entity denying issuance of such a form of permission shall be binding on and unreviewable by the Department of Community Health. In cases where an entitlement to a hearing before the Department of Community Health, pursuant to this paragraph, lies, the Department of Community THURSDAY, MARCH 30, 2006 5233 Health shall give written notice of either the denial of enrollment or termination from enrollment to the affected person or institution; and such notice shall include the reasons of the Department of Community Health for denial or termination. Should such a person or institution desire to contest the initial decision of the Department of Community Health, he or she must give written notice of his or her appeal to the commissioner of community health within ten days after the date on which the notice of denial or notice of termination was transmitted to him or her. A hearing shall be scheduled and commenced within 20 days after the date on which the commissioner receives the notice of appeal; and the commissioner or his or her designee or designees shall render a final administrative decision as soon as practicable thereafter." SECTION 3. Said article is further amended in Code Section 49-4-153, relating to administrative hearings and appeals, judicial review, and contested cases involving imposition of remedial or punitive measures against a nursing facility, by adding a new subsection (e) to read as follows: "(e)(1) A provider of medical assistance may request a hearing on a decision of a care management organization with respect to a denial or nonpayment of or the determination of the amount of reimbursement paid or payable to such provider on a certain item of medical or remedial care of service rendered by such provider by filing a written request for a hearing in accordance with Code Sections 50-13-13 and 50-1315 with the Department of Community Health. The Department of Community Health shall, within 15 business days of receiving the request for hearing from the provider, transmit a copy of the provider's request for hearing to the Office of State Administrative Hearings, but shall not be a party to the proceedings. The provider's request for hearing shall identify the care management organization with which the provider has a dispute, the issues under appeal, and specify the relief requested by the provider. The request for hearing shall be filed no later than 15 business days after the provider of medical assistance receives the decision of the care management organization which is the basis for the appeal. (2) The Office of State Administrative Hearings shall assign an administrative law judge to hear the dispute within 15 days after receiving the request. The hearing is required to commence no later than 90 days after the assignment of the case to an administrative law judge, and the administrative law judge shall issue a written decision on the matter no later than 30 days after the close of the record except when it is determined that the complexity of the issues and the length of the record require an extension of these periods and an order is issued by an administrative law judge so providing, but no longer than 30 days. Such time requirements can be extended by written consent of all the parties. Failure of the administrative law judge to comply with the above time deadlines shall not render the case moot. (3) The decision of the administrative law judge shall be the final administrative remedy available to the provider. Review thereafter shall proceed in accordance with 5234 JOURNAL OF THE HOUSE Code Section 50-13-19. The fees and expenses of the Office of State Administrative Hearings may, at the administrative law judge's discretion, be assessed against the party against whom the administrative law judge enters his or her order." SECTION 4. This Act shall become effective on April 1, 2006, or upon its approval by the Governor, whichever last occurs, or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Brown of the 69th et al. move to amend the Committee substitute to SB 572 by and inserting after "costs" on line 6 of page 1 the following: to require prior legislative approval for the submission of certain waivers pursuant to Section 1115 of the federal Social Security Act; to provide for a limit on the effective date of the Medicaid estate recovery program; to provide for substantial and unreasonable hardship waivers on any claim against the first $100,000.00 of any homestead; to provide for notice requirements; to provide for installment payments; to provide for submission of an amendment to the state plan; By inserting after "by" on line 11 of page 1 the following: adding a new Code section to read as follows: "49-4-142.1. On and after the effective date of this Code section, neither the department, the board, nor any other representative of the state shall submit any request to the United States Department of Health and Human Services Centers for Medicare and Medicaid Services for a waiver pursuant to Section 1115 of the federal Social Security Act without prior legislative approval. This shall apply only to waivers that relate to Medicaid modernization, Medicaid transformation, or a Medicaid reform model that would affect 20,000 or more individuals in the Georgia Medicaid population. The prior legislative approval required under this Code section shall be by Act of the General Assembly or the adoption of a joint resolution of the General Assembly." Said article is further amended SECTION 2. By adding after line 36 of page 2 the following: SECTION 3. THURSDAY, MARCH 30, 2006 5235 Said article is further amended by striking Code Section 49-4-147.1, relating to claims by the department against the estate of Medicaid recipients, and inserting in lieu thereof the following: "49-4-147.1. (a) In accordance with applicable federal law and regulations, including those under Title XIX of the federal Social Security Act, the department may make claim against the estate of a Medicaid recipient for the amount of any medical assistance payments made on such person's behalf by the department. A claim shall be made against the estate of a deceased Medicaid recipient only if at the time of application for medical assistance the applicant received written notice that the medical assistance costs could be recovered from the applicant's estate and the applicant signed a written acknowledgment of receipt of such notice, the estate is otherwise subject to recovery, if no hardship or other exemption exists. The commissioner shall waive such claim if he or she determines enforcement of the claim would result in substantial and unreasonable hardship to dependents of the individual against whose estate the claim exists. (b) The estate recovery program established pursuant to this Code section shall not be effective any earlier than the effective date of this subsection. In no event shall the department make claims against the estate of a Medicaid recipient for the amount of any medical assistance payments made on such person's behalf prior to the effective date of this subsection. (c) The commissioner shall delay execution of a claim against the estate where the dependents or heirs agree to pay the full amount of the claim in reasonable installments. (d) To prevent substantial and unreasonable hardship, the commissioner shall waive any claim against the first $100,000.00 of any estate. The commissioner shall annually adjust this exemption based on changes in the consumer price index. The value of the estate shall not include year's support, funeral expenses not to exceed $5,000.00, necessary expenses of administration, or reasonable expenses of the recipient's last illness. No later than July 1, 2006, the department shall submit an amendment to the state plan with the United States Department of Health and Human Services Centers for Medicare and Medicaid Services reflecting the provisions of this subsection. In the event that such amended state plan is not approved, this subsection shall stand repealed in its entirety." By redesignating Sections 2 through 5 as Sections 4 through 7, respectively. 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 Y Barnard Y Crawford Y Cummings Y Davis Y Day Y Dean Y Hill, C.A Y Holmes Y Holt N Horne Y Houston Martin Y Maxwell N May Y McCall McClinton Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler 5236 JOURNAL OF THE HOUSE Barnes Y Bearden Y Beasley-Teague 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 Burkhalter Y Burmeister Y Burns Butler N Byrd Y Carter Y Casas N Chambers Y Channell Y Cheokas Y Coan N Cole Y Coleman, B Coleman, T N Cooper Y Cox N Dickson Y Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Everson Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree E Henson Y Hill, C Y Howard, E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins N Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox N Lakly Y Lane, B Lane, R Y Lewis N Lindsey Y Lord E Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Meadows Millar 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 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 E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E 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 N Wilkinson Willard Y Williams, A Y Williams, E N Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the amendment, the ayes were 139, nays 15. The amendment was adopted. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Barnes Y Bearden Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon THURSDAY, MARCH 30, 2006 5237 Y 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 Y Burmeister Y Burns Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Dollar Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree E Henson Y Hill, C Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Lane, R Y Lewis Y Lindsey Y Lord E Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E 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 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 1. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. SB 534. By Senators Bulloch of the 11th and Hamrick of the 30th: A BILL to be entitled an Act to amend Code Section 53-12-173 of the Official Code of Georgia Annotated, relating to compensation for services, so as to specify that when a trustee's compensation is not specified in the trust instrument it shall be based on the compensation schedule of conservators; 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: 5238 JOURNAL OF THE HOUSE Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Barnes Y Bearden Y 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 Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Fleming E Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T Y Greene Y Hanner Harbin Y Hatfield Heard, J Y Heard, K Y Heckstall Y Hembree E Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 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 McClinton Y Meadows Y Millar 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 Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B E Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E 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 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 154, nays 0. The Bill, having received the requisite constitutional majority, was passed. 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 1536 Do Pass HR 1552 Do Pass HR 1733 Do Pass THURSDAY, MARCH 30, 2006 5239 The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1536. By Representatives Jones of the 44th, Brooks of the 63rd and Williams of the 165th: A RESOLUTION commending the legendary musical group, The Tams, and inviting its members to appear before the House of Representatives; and for other purposes. HR 1552. By Representatives Jones of the 44th, Jacobs of the 80th, Henson of the 87th, Ashe of the 56th, Wilkinson of the 52nd and others: A RESOLUTION commending the Jewish Federation of Greater Atlanta and inviting representatives thereof to appear before the House of Representatives; and for other purposes. HR 1733. By Representatives Kidd of the 115th, Heard of the 114th, Coleman of the 97th, Stanley-Turner of the 53rd, Smyre of the 132nd and others: A RESOLUTION recognizing and commending Dr. Louise McBee and inviting her to appear before the House of Representatives; and for other purposes. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, MARCH 30, 2006 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 30, 2006, by adding the following: Open Rule SB 64 SB 547 SB 553 DEBATE CALENDAR Law Enforcement Motor Vehicles; blue lights on roof; enforce requirement (Douglas -17th) (Roberts 154th) Real Estate Appraisers; conflict of interest exists; provide removal of board members; provide circumstances for removal (Seabaugh 28th) (O'Neal -146th) Chattahoochee Hill Country, City; incorporate; provide for a charter (Reed 35th) (Fludd 66th) 5240 JOURNAL OF THE HOUSE Modified Open Rule None Modified Structured Rule SB 382 Child Support; calculations; definitions; appeal process; change provisions (Harp 29th) (Burmeister 119th) Structured Rule SR 760 Dr. Eddie Marlow Medical Clinic; dedicate (Thomas 54th) 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 Bill of the Senate was taken up for consideration and read the third time: SB 64. By Senator Douglas of the 17th: A BILL to be entitled an Act to amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to repeal the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; 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 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to provide for an exception to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, so as to provide motorists an opportunity to continue to drive until a reasonably safe location for stopping is reached when being stopped by a law enforcement officer in a marked vehicle; to provide for specific procedures therefor; to provide an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 30, 2006 5241 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, is amended by striking the Code section and inserting in lieu thereof a new Code Section 40-1-7 to read as follows: "40-1-7. Whenever pursuing a person in violation of a traffic related offense, a uniformed law enforcement officer who is assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state must place a visible blue light on the roof of his or her vehicle if such vehicle is not equipped with permanent roof mount blue lights; provided, however, that the provisions of this Code section shall not apply to law enforcement officers operating vehicles manufactured prior to 2001. This Code section shall not apply to any officer assigned to special operations activities or responding to an immediate threat to public safety as a result of an accident or other emergency. This Code section shall not apply to a law enforcement officer operating a vehicle marked in accordance with Code Section 40-8-91, with flashing or revolving colored lights visible under normal atmospheric conditions for a distance of 500 feet from the front and rear of such vehicle, and which also has an illuminating agency identifier reasonably visible to a driver of a vehicle subject to a traffic stop. An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section." SECTION 2. Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, is amended by adding immediately following subsection (d) new subsections (e) and (f) to read as follows: "(e) Whenever a motorist driving on the roadways of this state is directed to stop by a law enforcement officer in a law enforcement vehicle marked as required under this Code section, the motorist may continue to drive until a reasonably safe location for stopping is reached. Such motorist shall indicate to the officer his or her intent to proceed to a safe location by displaying the vehicle's flashing lights or turn signals. In proceeding to a safe location, the motorist shall observe the posted maximum speed limit but in no event shall he or she exceed a speed of 50 miles per hour. (f) An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. 5242 JOURNAL OF THE HOUSE 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 Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to provide for an exception to the requirement that designated officers enforcing traffic laws have a blue light on the roof of their vehicles; to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, so as to provide motorists an opportunity to continue to drive until a reasonably safe location for stopping is reached when being stopped by a law enforcement officer in a marked vehicle; to provide for specific procedures therefor; 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 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, is amended by striking the Code section and inserting in lieu thereof a new Code Section 40-1-7 to read as follows: "40-1-7. Whenever pursuing a person in violation of a traffic related offense, a uniformed law enforcement officer who is assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state must place a visible blue light on the roof of his or her vehicle if such vehicle is not equipped with permanent exterior mounted roof blue lights; provided, however, that the provisions of this Code section shall not apply to law enforcement officers operating vehicles manufactured prior to 2001. This Code section shall not apply to any officer assigned to special operations activities or responding to an immediate threat to public safety as a result of an accident or other emergency. This Code section shall not apply to vehicles of the Georgia State Patrol operating a vehicle marked in accordance with Code Section 40-8-91, with flashing or revolving colored lights visible under normal atmospheric conditions for a distance of 500 feet from the front and rear of such vehicle, and which also has an illuminating agency identifier reasonably visible to a driver of a vehicle subject to a traffic stop; provided, however, that the Georgia State Patrol shall not be permitted to have more than two vehicles per post without such exterior mounted roof lights. An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section." THURSDAY, MARCH 30, 2006 5243 SECTION 2. Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, is amended by adding immediately following subsection (d) new subsections (e) and (f) to read as follows: "(e) Whenever a motorist driving on the roadways of this state is directed to stop by a law enforcement officer in a law enforcement vehicle marked as required under this Code section, the motorist may continue to drive until a reasonably safe location for stopping is reached. Such motorist shall indicate to the officer his or her intent to proceed to a safe location by displaying the vehicle's flashing lights. In proceeding to a safe location, the motorist shall observe the posted maximum speed limit. (f) An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Bordeaux of the 162nd moves to amend the Rules Committee substitute to SB 64 as follows: On page 2, line 15, insert between "lights" and the period the words "or turn signal". 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, 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 Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield 5244 JOURNAL OF THE HOUSE 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 Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree E Henson Y Hill, C 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 Morris Y 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 Y Ray Y Reece, B Reece, S Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Y Smith, B E Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E 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 165, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative O`Neal of the 146th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SB 503. By Senators Hamrick of the 30th and Hill of the 4th: A BILL to be entitled an Act to amend Chapter 21A of Title 15, Title 17, and Code Section 42-8-34.1 of the O.C.G.A., relating respectively to judicial accounting, criminal procedure, and to legal defense for indigents, requirements for revocation of probated or suspended sentence, so as to change certain provisions relating to the Georgia Public Defender Standards Council and the provision of legal services to indigent persons; to clarify that the application fee for indigent defense services is not a prerequisite to obtaining legal services; to specify the types of standards that shall be THURSDAY, MARCH 30, 2006 5245 submitted to the General Oversight Committee for the Georgia Public Defender Standards Council; to change certain provisions relating to the budget for the Office of the Georgia Capital Defender; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Representative Crawford of the 127th moved that the House insist on its position in substituting SB 503. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson 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 Y 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 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 Everson Y Fleming E Floyd, H Y Floyd, J Fludd Y Forster Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Hembree E Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Johnson Y Jones, J Y Jones, S Y 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 Y Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar 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 Sailor Y Scheid Y Scott, A Scott, M Setzler Y Shaw Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B E Smith, L Y Smith, P Y Smith, R Y Smith, T Smith, V E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 148, nays 0. 5246 JOURNAL OF THE HOUSE The motion prevailed. 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 238. By Senators Hill of the 32nd and Smith of the 52nd: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for immunity from civil liability for nonprofit organizations and individuals that financially sponsor charitable fundraising events; to provide for an exception; to repeal conflicting laws; and for other purposes. Representative Tumlin of the 38th moved that the House adhere to its position in insisting on its substitute to SB 238 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, Lunsford of the 110th, and Tumlin of the 38th. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 728. By Representatives Franklin of the 43rd, Brooks of the 63rd, Jones of the 44th, Cooper of the 41st, Walker of the 107th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide a short title; to define certain terms; to provide for a state-wide alert system for missing disabled adults; to provide for rules and regulations; to provide for cooperation with broadcasters; to provide for calling an alert; to provide for conditions; to provide that the Georgia Lottery Corporation shall devise a method of notifying vendors in an alert area of the alert; to provide for termination of an alert; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL THURSDAY, MARCH 30, 2006 5247 To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide a short title; to define certain terms; to provide for a state-wide alert system for missing disabled adults; to provide for rules and regulations; to provide for cooperation with broadcasters; to provide for calling an alert; to provide for conditions; to provide that the Georgia Lottery Corporation shall devise a method of notifying vendors in an alert area of the alert; to provide for utilization of a rapid response phone system; to provide for nonliability; to provide for construction; to provide for termination of an alert; to provide for a state-wide alert for certain criminal suspects; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by inserting at the end thereof a new article to read as follows: "ARTICLE 7 38-3-110. This article shall be known and may be cited as the 'Mattie's Call Act.' 38-3-111. As used in this article, the term: (1) 'Alert system' means the state-wide 'Mattie's Call' alert system for missing disabled adults. (2) 'Disabled adult' means an adult who is developmentally impaired or who suffers from dementia or some other cognitive impairment. (3) 'Local law enforcement agency' means a local law enforcement agency with jurisdiction over the investigation of a missing disabled adult. 38-3-112. With the cooperation of the office of the Governor, the Georgia Lottery Corporation, and other appropriate law enforcement agencies in this state, the department shall develop and implement a state-wide alert system to be activated on behalf of missing disabled adults. 38-3-113. (a) The director is the state-wide coordinator of the alert system. (b) The director shall adopt rules and issue directives as necessary to ensure proper implementation of the alert system. The rules and directives must include instructions on the procedures for activating and deactivating the alert system. (c) The director shall prescribe forms for use by local law enforcement agencies in requesting activation of the alert system. 5248 JOURNAL OF THE HOUSE 38-3-113.1. The staff of personal care homes shall call the local police department to report the elopement of any disabled person from the home within 30 minutes of the staff receiving actual knowledge that such person is missing from the home. 38-3-114. (a) The agency shall recruit public and commercial television, radio, cable, print, and other media, private commercial entities, state or local governmental entities, the public, and other appropriate persons to assist in developing and implementing the alert system. (b) The agency may enter into agreements with participants in the alert system to provide necessary support for the alert system. 38-3-115. (a) On notification by a local law enforcement agency that a disabled adult is missing, the director shall activate the alert system and notify appropriate participants in the alert system, as established by rule, if: (1) A local law enforcement agency believes that a disabled adult is missing; (2) A local law enforcement agency believes that the disabled adult is in immediate danger of serious bodily injury or death; (3) A local law enforcement agency confirms that an investigation has taken place that verifies the disappearance and eliminates alternative explanations for the disabled adult's disappearance; and (4) Sufficient information is available to disseminate to the public that could assist in locating the disabled adult. (b) The area of the alert may be less than state wide if the director determines that the nature of the event makes it probable that the disabled adult did not leave a certain geographic location. (c) The agency may modify the criteria described by subsection (a) of this Code section as necessary for the proper implementation of the alert system. 38-3-116. Before requesting activation of the alert system, a local law enforcement agency must verify that the criteria described by subsection (a) of Code Section 38-3-115 have been satisfied. The local law enforcement agency shall assess the appropriate boundaries of the alert, based on the nature of the disabled adult and the circumstances surrounding the disappearance. On verification of the criteria, the local law enforcement agency shall immediately contact the agency to request activation and shall supply the necessary information on the forms prescribed by the director. 38-3-117. (a) A state agency participating in the alert system shall: THURSDAY, MARCH 30, 2006 5249 (1) Cooperate with the department and assist in developing and implementing the alert system; (2) Establish a plan for providing relevant information to its officers, investigators, or employees, as appropriate, once the alert system has been activated; and (3) Utilize a rapid response telephone system that alerts residents in a targeted area. (b) The Georgia Lottery Corporation is directed to develop a method of notifying its vendors within an alert area of an alert in a manner designed to disseminate alert information to customers at its retail locations. 38-3-118. The director shall terminate any activation of the alert system with respect to a particular disabled adult if: (1) The adult is located or the disappearance is otherwise resolved; or (2) The director determines that the alert system is no longer an effective tool for locating and recovering the disabled adult. 38-3-119. (a) Any entity or individual participating in the 'Mattie's call' alert system pursuant to this article shall not be liable for any civil damages arising from the dissemination of any alert generated pursuant to the 'Matti's call' alert system. (b) Nothing in this article shall be construed to limit or restrict in any way any legal protection an individual or entity may have under any other law for disseminating any information. 38-3-120. (a) In addition to the state-wide alert system known as 'Mattie's Call,' there is established a state-wide alert system known as 'Kimberly's Call.' (b) The director shall develop and implement a state-wide alert system to be activated when a suspect for the crime of murder as defined in Code Section 16-5-1 or rape as defined in Code Section 16-6-1 has not been apprehended and law enforcement personnel have determined that the suspect may be a serious threat to the public. (c) The provisions of Code Sections 38-3-113, 38-3-114, and 38-3-117 shall also apply to 'Kimberly's Call' as set forth in this Code section. (d) On notification by a local law enforcement agency that a suspect in a case of murder or rape has not been apprehended and may be a serious threat to the public, the director shall activate the alert system and notify appropriate participants in the alert system, as established by rule, if: (1) A local law enforcement agency believes that a suspect has not been apprehended; (2) A local law enforcement agency believes that the suspect may be a serious threat to the public; and (3) Sufficient information is available to disseminate to the public that could assist in locating the suspect. 5250 JOURNAL OF THE HOUSE (e) The area of the alert may be less than state wide if the director determines that the nature of the event makes it probable that the suspect did not leave a certain geographic location. (f) Before requesting activation of the alert system, a local law enforcement agency must verify that the criteria described by subsection (d) have been satisfied. The local law enforcement agency shall assess the appropriate boundaries of the alert based on the nature of the suspect and the circumstances surrounding the crime. (g) The director shall terminate any activation of the alert system with respect to a particular suspect if: (1) The suspect is located or the incident is otherwise resolved; or (2) The director determines that the alert system is no longer an effective tool for locating the suspect. (h) Any entity or individual participating in the 'Kimberly's Call' alert system pursuant to this Code section shall not be liable for any civil damages arising from the dissemination of any alert generated pursuant to the 'Kimberly's Call' alert system." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Franklin of the 43rd moves to amend the Senate substitute to HB 728 by striking "shall" and inserting in lieu thereof "may" on line 7 of page 4. By striking "On" and inserting in lieu thereof "Once the system is activated, on" on line 13 of page 4. Representative Franklin of the 43rd moved that the House agree to the Senate substitute, as amended by the House, to HB 728. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Everson Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y James N Jamieson Y Jenkins Y Jennings Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B E Smith, L Y Smith, P Y Smith, R THURSDAY, MARCH 30, 2006 5251 Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G 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 Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Harbin Hatfield Y Heard, J Y Heard, K Y Heckstall Hembree E Henson Y Hill, C Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis N Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Murphy, J Y Murphy, Q Y Neal Y Oliver O'Neal N Orrock Y Parham Y Parrish Parsons Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, T Y Smith, V E 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 motion, the ayes were 141, nays 4. The motion prevailed. Representative Jamieson of the 28th moved that the House reconsider its action in adopting the Franklin amendment. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Benfield N Benton Y Black Y Bordeaux Y Borders Bridges Y Brooks N Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Crawford Y Cummings N Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart N England Y Epps N Everson N Fleming E Floyd, H Y Floyd, J Y Fludd Forster N Franklin Y Hill, C.A N Holmes Holt N Horne Y Houston Y Howard, E Y Hudson Y Hugley N Jackson N Jacobs James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J N Jones, S Y Jordan N Keen N Keown N Martin N Maxwell N May N McCall McClinton N Meadows N Millar N Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley N Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal N Orrock Sailor N Scheid N Scott, A N Scott, M N Setzler Y Shaw N Sheldon Y Sims, C Y Sims, F Y Sinkfield N Smith, B E Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V E Smyre Y Stanley-Turner Stephens Y Stephenson 5252 JOURNAL OF THE HOUSE Burkhalter N Burmeister Burns N Butler N Byrd Y Carter N Casas N Chambers Channell Y Cheokas N Coan N Cole N Coleman, B Coleman, T Cooper N Cox N Freeman Y Gardner N Geisinger Y Golick Graves, D N Graves, T Y Greene Y Hanner N Harbin Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree E Henson N Hill, C Y Kidd Knight N Knox N Lakly Y Lane, B N Lane, R N Lewis Y Lindsey Y Lord N Loudermilk Y Lucas N Lunsford N Maddox N Mangham Y Manning N Marin Y Parham Y Parrish Parsons Y Porter Y Powell Y Ralston Y Randall N Ray Y Reece, B N Reece, S N Reese Rice N Roberts Y Rogers Royal N Rynders N Talton Y Teilhet N Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren Y Watson N Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Wix N Yates Richardson, Speaker On the motion, the ayes were 77, nays 71. The motion prevailed. On the re-adoption of the Franklin amendment, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard N Barnes N Bearden N Beasley-Teague Benfield Y Benton N Black N Bordeaux N Borders Y Bridges N Brooks Y Brown Bruce N Bryant N Buckner, D N Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd N Carter Y Casas Y Chambers N Crawford N Cummings Y Davis Y Day N Dean N Dickson N Dodson Y Dollar N Drenner N Dukes Ehrhart Y England N Epps Y Everson Y Fleming E Floyd, H N 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 Hill, C.A N Holmes Holt Y Horne N Houston N Howard, E N Hudson N Hugley N Jackson Y Jacobs James N Jamieson N Jenkins N Jennings N Johnson Y Jones, J Y Jones, S N Jordan Y Keen Y Keown N Kidd Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis N Lindsey Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills N Mitchell N Morgan N Morris N Mosby N Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham N Parrish Parsons N Porter N Powell N Ralston N Randall N Ray Sailor Y Scheid Y Scott, A Y Scott, M N Setzler N Shaw Y Sheldon N Sims, C N Sims, F N Sinkfield Y Smith, B E Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V E 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 THURSDAY, MARCH 30, 2006 5253 Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T N Cooper Y Cox Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham N Manning N Marin N Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers N Royal N Rynders Y Wilkinson Willard Y Williams, A N Williams, E N Williams, R N Wix Y Yates Y Richardson, Speaker On the re-adoption of the Franklin amendment, the ayes were 78, nays 84. The amendment was lost. The Speaker assumed the Chair. The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House amendment thereto: SB 531. By Senators Rogers of the 21st, Hudgens of the 47th and Chapman of the 3rd: A BILL to be entitled an Act to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motorist coverage under motor vehicle liability policies, so as to change certain provisions relating to damages recoverable by an insured under uninsured motorist coverage; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following Senate amendment was read: The Senate moves to amend the House amendment to SB 531: on page 1, line 17, between the words "bodily injury" and the words "or death of an insured," insert the following symbol and words: ", loss of consortium". Representative Golick of the 34th moved that the House agree to the Senate amendment to the House amendment to SB 531. 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 Davis Y Hill, C.A Y Holmes Y Holt E Martin Y Maxwell Y May Sailor Scheid Y Scott, A 5254 JOURNAL OF THE HOUSE 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 Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd Y Forster Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Horne N Houston Y Howard, E Y Hudson Y Hugley 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 McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell 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 Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B E Smith, L Y Smith, P Y Smith, R Y Smith, T Smith, V E Smyre 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 On the motion the ayes were 153, nays 1. The motion prevailed. Representatives Carter of the 159th and Davis of the 109th 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 and Resolutions of the House were taken up for the purpose of considering the Senate substitutes thereto: HR 1491. By Representative Sims of the 169th: A RESOLUTION commemorating the achievements and sacrifice made by Private James Boggan and renaming the Bear Creek Bridge on Highway 32 THURSDAY, MARCH 30, 2006 5255 West in Ambrose, Georgia, the Private James Boggan Memorial Bridge; and for other purposes. The following Senate substitute was read: A RESOLUTION Dedicating certain portions of the state highway system; to provide for related matters; and for other purposes. PART I WHEREAS, former Representative Dorothy Barnes Pelote was a member of the General Assembly of Georgia for more than a decade, where she worked tirelessly in loyal and enduring service to her constituents and the citizens of Georgia; and WHEREAS, former Representative Dorothy Barnes Pelote has been a resident of Savannah, Georgia, for over 50 years and, prior to serving as a Representative, acted in public service to her community first as an educator and, upon retirement, as a member of the Chatham County Board of Commissioners; and WHEREAS, while serving in the General Assembly of Georgia as a member of the House of Representatives, Ms. Pelote worked steadfastly to pass many resolutions and bills that benefit not only the citizens of Savannah, but the entire State of Georgia; and WHEREAS, Ms. Pelote has been instrumental in obtaining funds for a number of local initiatives and community improvements and has received numerous awards and recognitions for her services to the community and the citizens of this state; and WHEREAS, former Representative Dorothy Barnes Pelote is a beloved member of many public and civic organizations, her church, and family. PART II WHEREAS, Derward Buchan is a veteran of the United States Army and served in the occupational forces in Japan and later served in Korea; and WHEREAS, he served 14 years on the Douglas city commission and six years as the mayor; and WHEREAS, during his tenure on the Douglas city commission, he oversaw transportation improvements, including the widening of Madison Street, the completion of Perimeter Road, and the continuing improvement of traffic congestion through the use of one-way streets; and 5256 JOURNAL OF THE HOUSE WHEREAS, he is a former member and secretary of the Southeast Georgia Regional Development Center; and WHEREAS, he retired from the Georgia Department of Transportation after 34 years of service as an area engineer; and WHEREAS, Derward is a charter member of the Douglas Exchange Club, past president of the local chapter of the American Association of Retired Persons, and a member of the Chamber of Commerce and American Legion; and WHEREAS, Derward F. Buchan has devoted his life to service as a businessman, civic leader, and friend to the City of Douglas, and it is only fitting that the Derward F. Buchan Corridor be dedicated in his honor. PART III WHEREAS, Mr. Tommy G. Hudson was an employee of the Georgia Department of Transportation; and WHEREAS, he was an outstanding employee and citizen of the State of Georgia; and WHEREAS, he was struck and killed by a vehicle on March 2, 2005, while in the performance of his duties on SR 107 in Turner County near the bridge over Deep Creek; and WHEREAS, he was a devoted family man, a highly respected employee, an able and upright citizen of his community and the State of Georgia, and a friend to all who were privileged to know and work with him. PART IV WHEREAS, the 848th Engineer Company was organized as the B-560 Engineering Battalion and later became the 848th Engineer Company attached to the 48th Infantry Brigade; and WHEREAS, the 848th Engineer Company was mobilized for Operation Desert Storm in 1990 as part of the 48th Infantry Brigade; and WHEREAS, in 1993, the 848th Engineer Company was reorganized as Company C in the 648th Engineer Battalion; and WHEREAS, in 1994, the 648th Engineer Battalion was mobilized for duty in central and southern Georgia to help with the massive flooding following tropical storm Alberto; and WHEREAS, in 1996-97, the 648th was mobilized to serve a peacekeeping mission in Bosnia; and THURSDAY, MARCH 30, 2006 5257 WHEREAS, currently the 648th is serving with the 48th Infantry Brigade Combat Team in Iraq and the Persian Gulf area; and WHEREAS, it is only fitting that these courageous soldiers, who in the spirit of the American patriot, have volunteered to confront the dangers, privations, and discomforts of wartime and peacetime service and in the spirit of humanity have strived to establish and keep the peace in Iraq and Bosnia with fortitude and steadfast resolve, should have a bridge named in their honor; and WHEREAS, all Americans owe a debt of gratitude to the men and women of the Georgia National Guard who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world. PART V WHEREAS, the lighthouse of Tybee Island has a long and storied history along the Georgia coast; and WHEREAS, the lighthouse has saved the lives of many desperate seafarers in search of a safe port; and WHEREAS, it is only proper and fitting that the Tybee Island Lighthouse be memorialized by dedicating a causeway in honor of its glorious past. PART VI WHEREAS, news of the passing of Lucille M. Norton, late of Lakeland, Georgia, was received by the members of her community with much deep regret; and WHEREAS, the life led by this distinguished woman of 86 years rendered her name dear to the hearts of her family and fellow citizens alike; and WHEREAS, Lucille M. Norton was a native of Lanier County who, after receiving her teaching degree, made Lanier County and Lakeland, Georgia, her home and not only became a teacher for the Lanier County school system, but also served six decades as a mentor of five generations of children and families of Lanier County; and WHEREAS, her commitment to public service and various volunteer organizations, such as the March of Dimes and her beloved Good Hope Baptist Church, made her community and this state a better place in which to live; and WHEREAS, it is only fitting and proper that this woman of vision and significance be honored by naming a small and simple bridge in her honor; a bridge over a small and undemanding creek that, as a child, bordered on her mother's farm; that she played in as a child; that she fished and enjoyed all of her 86 years on this earth; that she later in life 5258 JOURNAL OF THE HOUSE inherited from her mother who had inherited it from her family; and that, in death, she passed on to her only son. PART VII WHEREAS, Private James Boggan was born on December 22, 1925, in Ambrose, Georgia; and WHEREAS, the Purple Heart was first established by George Washington during the Revolutionary War and later revived by the War Department in February of 1932; and WHEREAS, the Purple Heart is awarded to persons who while serving in any capacity with the United States Armed Services has been wounded or killed or who has died or may thereafter die after being wounded; and WHEREAS, Private James Boggan of Ambrose, Georgia, received fatal wounds in Luxembourg during World War II while serving in the United States Army that resulted in his death on March 16, 1945, and was awarded the Purple Heart on June 11, 1945; and WHEREAS, Private Boggan left behind him in Ambrose, Georgia, his parents, the late Cecil D. Boggan and Mary Grantham Boggan, as well as six brothers and sisters; and WHEREAS, Private Boggan is an example of a generation of young soldiers who gave their lives during World War II in the fight for democracy and freedom. PART VIII WHEREAS, Thomas McGaughey Kilgore was a native and lifelong resident of Douglas County and was a descendant of Douglas County native citizens dating back prior to the incorporation of the county; and WHEREAS, he graduated from Douglas County High School in 1952 and from Berry College in 1956; and WHEREAS, he spent his entire professional career with CSX Transportation; and WHEREAS, he was elected as a member of the Georgia General Assembly's House of Representatives to represent Douglas County, taking office in 1975 and serving through 1992; and WHEREAS, during his tenure in the General Assembly, he served on the Appropriations Committee and the Industry Committee, and chaired the Education Committee; and WHEREAS, as chairman of the Education Committee, he was instrumental in establishing the Douglas County campus of West Central Technical College on Timber THURSDAY, MARCH 30, 2006 5259 Ridge Road, which has become an integral part of the community and provides an opportunity for thousands of Douglas County citizens to receive higher education; and WHEREAS, after retirement, he continued to work with the Douglasville Convention and Visitors Bureau to help bring tourists to Douglas County; and WHEREAS, he was married for 43 years to Carol M. McLendon, and they had two beautiful daughters, Pamela K. Platt and Teresa A. Kilgore, and two wonderful grandchildren, Lindsay and Will; and WHEREAS, he was a lifetime member of County Line Baptist Church and a charter member of the West Pines Golf Course and enjoyed carp fishing during his free time; and WHEREAS, it is only fitting that this man who devoted his life to his family and service to his community should have a bridge in his beloved Douglas County dedicated in his memory. PART IX WHEREAS, when Georgia Loop 1 in Floyd County was first constructed, it extended from the intersection of SR 20 in West Rome to SR 53; and WHEREAS, this section of Georgia Loop 1 has been previously named the "Veterans Memorial Highway"; and WHEREAS, Georgia Loop 1 has now been extended from SR 53 to US 411/SR 20; and WHEREAS, all Americans owe a debt of gratitude to the men and women of our armed forces who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world. PART X WHEREAS, Lieutenant McKinnon was born on January 20, 1923, to William Bryan McKinnon and Laura Estelle McKinnon; and WHEREAS, Lieutenant McKinnon served honorably in the United States Navy from 1955 to 1960 as a naval aviator with Fighter Squadron 174; on January 12, 1960, Lieutenant McKinnon and another aviator were on a flight training mission when a mistake caused the two fine, young pilots to collide killing Lt. McKinnon instantly; and WHEREAS, Lt. McKinnon was born and raised within a half-mile of the Satilla River Bridge where as a child he dove off, swam around, and fished off the bridge; and 5260 JOURNAL OF THE HOUSE WHEREAS, he was a faithful member of Mora Baptist Church and a young student attending the local schools and later graduating from South Georgia College before entering the Naval Cadet program; and WHEREAS, Lt. McKinnon was a young man who despite growing up during the Depression availed himself of the opportunities of the United States to achieve success before his life was tragically cut short; and WHEREAS, Lt. McKinnon was a loving husband to Nancy Faye McKinnon and loyal brother to younger brother Clark McKinnon and sisters Paulette Wilson and Carol A. Morrison as well as being a young man who was generally loved and respected in the surrounding community. PART XI NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Bay Street between East Lathorpe Street and Farm Street in Chatham County is dedicated as the Dorothy Barnes Pelote Bridge. BE IT FURTHER RESOLVED that the portion of SR 32 from the 206 Connector to the CSX Railroad overpass is dedicated as the Derward F. Buchan Corridor. BE IT FURTHER RESOLVED that the bridge over Deep Creek on SR 107 at Mile Post 8.0 in Turner County, Bridge ID # 287-00107D-00.800E, is hereby dedicated as the Tommy G. Hudson Bridge in honor of the memory of this distinguished Georgian. BE IT FURTHER RESOLVED that the bridge on the SR 206 Connector that spans the CSX railroad, in Coffee County, is dedicated as the Hero Bridge. BE IT FURTHER RESOLVED that the portion of US 80 from the end of Lazaretto River to the end of US 80 on Tybee Island, in Chatham County, is dedicated as the Historic Tybee Lighthouse Causeway. BE IT FURTHER RESOLVED that the bridge over Grand Bay Creek on U. S. Highway 221 in the County of Lanier be dedicated as the Lucille M. Norton Bridge. BE IT FURTHER RESOLVED that the Bear Creek Bridge on Highway 32 West in Ambrose, Georgia, is dedicated as the Private James Boggan Memorial Bridge. BE IT FURTHER RESOLVED that the Prestley Mill Road bridge over I-20, in Douglas County, is dedicated as the Tom Kilgore Memorial Bridge. BE IT FURTHER RESOLVED that the portion of Georgia Loop 1 from SR 53 to US 411/SR 20 is dedicated as the Veterans Memorial Highway. THURSDAY, MARCH 30, 2006 5261 BE IT FURTHER RESOLVED that the Satilla River Bridge on Hwy. 135 in Douglas, GA, is dedicated as the Lieutenant Rudolph McKinnon, USN, Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain signs identifying the highway facilities dedicated in this resolution. 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, Dorothy Barnes Pelote, Derward F. Buchan, the family of Tommy G. Hudson, the commanding officer of the 648th Engineer Battalion of the Georgia Army National Guard, the local governing authority of Tybee Island, the surviving and only son, four grandchildren, and three great-grandchildren of Lucille M. Norton, the family of Private James Boggan, the family of Tom Kilgore, and the family of Lieutenant Rudolph McKinnon. Representative Sims of the 169th moved that the House agree to the Senate substitute to HR 1491. 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 Y 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 Y Burmeister Y Burns Y Butler 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 Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd Y Forster Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Harbin Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 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 Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar 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 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 Y Smith, B E Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E 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 5262 JOURNAL OF THE HOUSE Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 161, nays 0. The motion prevailed. HB 101. By Representatives Brooks of the 63rd, Cummings of the 16th and Williams of the 89th: A BILL to be entitled an Act to amend Article 5 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the Peace Officers Annuity and Benefit Fund, so as to provide for creditable service for certain prior service; to provide for an employee's contribution; to provide for application and conditions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Article 5 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Peace Officers Annuity and Benefit Fund, so as to provide a statement of legislative findings and intent; to provide that the board of trustees of such fund shall accept provisional applications for creditable service for certain prior service; to provide for proof that certain conditions were met; to provide for funding by the General Assembly; to provide for the payment and possible refund of employee contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Peace Officers Annuity and Benefit Fund, is amended by inserting at the end thereof a new Code section to read as follows: "47-17-71. (a) It is the intent of the General Assembly to provide for the grant of creditable service to any active member of the fund for each month of prior service as a peace officer THURSDAY, MARCH 30, 2006 5263 rendered prior to January 1, 1976, if during such period the member was denied membership in the fund or was actively prevented from making such application because of his or her race or ethnicity. (b) The board of trustees is authorized and directed to receive the applications of such members as would be eligible to receive creditable service under the terms and conditions as set forth in subsection (c) of this Code section. Entitlement to such creditable service shall attach upon the submission of application, subject to all provisions of this Code section relative to funding. (c) A member wishing to establish creditable service for service performed prior to January 1, 1976, as provided in subsection (a) of this Code section, must make written application to the board of trustees during the six-month period from July 1, 2006 through December 31, 2006, and: (1) Provide the board of trustees with such proof of prior service as the board of trustees deems necessary, which shall include, at a minimum, pay records, tax returns, W-2 statements, or a sworn statement of the employer stating that the employment records bear proof of such employment. Such statement shall be subject to a civil fine of $5,000.00 for false swearing; and (2) Provide the board with a sworn statement of the applicant that he or she applied for membership in the fund and was denied membership, or that he or she was actively prevented from making such application because of his or her race or ethnicity. Such statement shall be subject to a civil fine of $5,000.00 for false swearing. (d) As soon as practicable following the last day for application, the board of trustees shall cause the actuary for the fund to determine the amount of funding necessary to grant the creditable service to all members whose applications are accepted and approved in accordance without creating any actuarial accrued liability as to the fund, in accordance with the provisions of Chapter 20 of this title, the 'Public Retirement Systems Standards Law.' A pro rata portion of one-half of such amount, determined by the number of months of creditable service requested by each person, shall be assigned as such person's employee contribution required to receive such creditable service. The board of trustees shall notify each applicant of his or her pro rata share, and each such person shall pay such amount to the board of trustees not later than March 1, 2007, or thereafter be ineligible to receive such creditable service. During the regular 2007 session, the General Assembly may appropriate funds sufficient to cover one-half of the amount determined by the actuary as necessary to grant the creditable service, together with any portion of the total required employee contribution which was not received by the board of trustees from the applicants by March 1, 2007. (e) The creditable service provided for in subsection (a) of this Code section shall be granted on July 1, 2007, only if the board of trustees receives the full amount determined by the actuary necessary to implement the provisions of this Code section. Otherwise, the board of trustees shall refund all amounts received from the members as employee contributions, together with regular interest thereon, and this Code section shall thereafter have no effect." 5264 JOURNAL OF THE HOUSE SECTION 2. This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Brooks of the 63rd moved that the House agree to the Senate substitute to HB 101. 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 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 Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 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 E Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Ralston Y Randall Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B E Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker THURSDAY, MARCH 30, 2006 5265 On the motion, the ayes were 163, nays 0. The motion prevailed. HR 413. By Representative Hanner of the 148th: A RESOLUTION dedicating the bridge on SR 45 that spans the Kinchafoonee Creek in Webster County as the Warren V. Johnson Bridge; and for other purposes. The following Senate substitute was read: A RESOLUTION To dedicate certain portions of the state highway system; and for other purposes. PART I WHEREAS, Harry H. Eason was born on August 15, 1915, and he spent his career as a superintendent for H.G. Smith Construction Company building bridges throughout south Georgia; and WHEREAS, in 1956, he moved his family to Tifton, where his company had been awarded the contract to construct bridges for Interstate Highway 75 from Tifton to Ashburn, and Mr. Eason was assigned the task of supervising the construction of those bridges; and WHEREAS, he was known to work as hard as any of his crew in the construction project and each of the bridges was constructed on time and the work was approved without correction; and WHEREAS, many of the bridges he built were of a complicated design which were even more difficult to construct in the days before computers; and WHEREAS, it is only fitting that a bridge be named for such a renowned bridge builder as Mr. Harry H. Eason. PART II WHEREAS, on a day in the 1880s, at least 15 years before the Wright Brothers' famous flight at Kitty Hawk, North Carolina, Micajah Clark Dyer rode his "apparatus for navigating the air" -- the term airplane would not be coined for decades -- down a slip on Rattlesnake Mountain in Union County, Georgia, and flew low over a meadow on his farm in the Choestoe community near Blairsville; and 5266 JOURNAL OF THE HOUSE WHEREAS, Mr. Dyer, who was born in South Carolina on July 23, 1822, and who farmed in Union County, Georgia, to support his large family, received his only formal education in a one-room school, but despite this limitation developed a reputation as a true genius because of his many inventions; and WHEREAS, most of Mr. Dyer's inventions have been lost in the veil of time, but it is known that he equipped his house with running water, built an efficient water-powered grist mill, and invented a "perpetual motion" machine that could power devices; but his most famous invention was his flying machine, for which he was awarded a patent in September, 1874, and which he continued to improve and refine until his death on January 26, 1891; and WHEREAS, stories of his flying machine were kept alive through Dyer family oral tradition until 2004, when, thanks to the modern invention of the Internet, family members were able to identify the 1874 patent and obtain a copy, proof that the machine had, in fact, been built and that sophisticated plans had been filed with the United States Patent Office, although the flight from Rattlesnake Mountain over the meadow remains unverified local lore; and WHEREAS, although the flying machine invented in the remote North Georgia mountains never made it into the history books, family history indicates that Mr. Dyer's widow, Morena Owenby Dyer, sold the machine and plans to the Redwine Brothers in Atlanta, who, in turn, sold them to the Wright Brothers of Ohio, so it is probable that Micajah Clark Dyer did, indirectly, contribute to the first human flight. PART III WHEREAS, Mr. J. Lucius Black was born on July 27, 1915, in Webster County, Georgia, a community to which he was dedicated throughout his distinguished career as a public servant; and WHEREAS, during his service in the House of Representatives of the State of Georgia from 1945 to 1948 and from 1951 to 1972, Mr. Black was regarded as a man of outstanding character with an exceptional understanding of state and county government that was highly valued and respected by his fellow members in the General Assembly; and WHEREAS, Mr. Black continued his public service as sole commissioner of Webster County from 1977 to 1990 and then as chairman of the reconstituted county commission from 1991 to 1996; and WHEREAS, in the course of his career, he demonstrated great energy, intelligence, ability, and dedication to the betterment of the State of Georgia and the quality of life of its citizens; and THURSDAY, MARCH 30, 2006 5267 WHEREAS, with the passing of Mr. J. Lucius Black on October 18, 2004, the State of Georgia lost a most estimable citizen and statesman. PART IV NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Chula Brookfield Road over Interstate Highway 75 in Turner County, Georgia, is hereby dedicated as the Harry H. Eason Bridge in honor of this distinguished Georgian, and the Department of Transportation is authorized and directed to erect and maintain appropriate signs so dedicating the bridge. BE IT FURTHER RESOLVED that the portion of Georgia Highway 180 in Union County from the intersection with US Highway 129 to the Towns County line be dedicated the Micajah Clark Dyer Parkway, and the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Micajah Clark Dyer Parkway. BE IT FURTHER RESOLVED that the members of this body join together to express their deepest regret at the passing of Mr. J. Lucius Black and resolve that the bridge on SR 45 that spans the Kinchafoonee Creek in Webster County is dedicated as the J. Lucius Black Bridge, and the Department of Transportation is authorized and directed to erect and maintain appropriate signs to identifying 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 Department of Transportation, Harry H. Eason, the family of Micajah Clark Dyer, and the family of Mr. J. Lucius Black and the Webster County Commission. Representative Hanner of the 148th moved that the House agree to the Senate substitute to HR 413. 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 Y 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 Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Jennings E Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris 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 Y Sinkfield Y Smith, B E Smith, L Y Smith, P Y Smith, R 5268 JOURNAL OF THE HOUSE 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 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 Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, T Y Smith, V E 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 Willard Williams, A Y Williams, E Y Williams, R Y Wix Yates Richardson, Speaker On the motion, the ayes were 158, nays 0. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same: HB 1216. By Representatives Freeman of the 140th, Rice of the 51st, Porter of the 143rd, Talton of the 145th, Byrd of the 20th and others: 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 allow the use of properly equipped all-terrain vehicles by law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Representative Freeman of the 140th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1216 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. THURSDAY, MARCH 30, 2006 5269 The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Freeman of the 140th, Dollar of the 45th, and Roberts of the 154th. The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 728. By Representatives Franklin of the 43rd, Brooks of the 63rd, Jones of the 44th, Cooper of the 41st, Walker of the 107th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide a short title; to define certain terms; to provide for a state-wide alert system for missing disabled adults; to provide for rules and regulations; to provide for cooperation with broadcasters; to provide for calling an alert; to provide for conditions; to provide that the Georgia Lottery Corporation shall devise a method of notifying vendors in an alert area of the alert; to provide for termination of an alert; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide a short title; to define certain terms; to provide for a state-wide alert system for missing disabled adults; to provide for rules and regulations; to provide for cooperation with broadcasters; to provide for calling an alert; to provide for conditions; to provide that the Georgia Lottery Corporation shall devise a method of notifying vendors in an alert area of the alert; to provide for utilization of a rapid response phone system; to provide for nonliability; to provide for construction; to provide for termination of an alert; to provide for a state-wide alert for certain criminal suspects; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by inserting at the end thereof a new article to read as follows: "ARTICLE 7 38-3-110. 5270 JOURNAL OF THE HOUSE This article shall be known and may be cited as the 'Mattie's Call Act.' 38-3-111. As used in this article, the term: (1) 'Alert system' means the state-wide 'Mattie's Call' alert system for missing disabled adults. (2) 'Disabled adult' means an adult who is developmentally impaired or who suffers from dementia or some other cognitive impairment. (3) 'Local law enforcement agency' means a local law enforcement agency with jurisdiction over the investigation of a missing disabled adult. 38-3-112. With the cooperation of the office of the Governor, the Georgia Lottery Corporation, and other appropriate law enforcement agencies in this state, the department shall develop and implement a state-wide alert system to be activated on behalf of missing disabled adults. 38-3-113. (a) The director is the state-wide coordinator of the alert system. (b) The director shall adopt rules and issue directives as necessary to ensure proper implementation of the alert system. The rules and directives must include instructions on the procedures for activating and deactivating the alert system. (c) The director shall prescribe forms for use by local law enforcement agencies in requesting activation of the alert system. 38-3-113.1. The staff of personal care homes shall call the local police department to report the elopement of any disabled person from the home within 30 minutes of the staff receiving actual knowledge that such person is missing from the home. 38-3-114. (a) The agency shall recruit public and commercial television, radio, cable, print, and other media, private commercial entities, state or local governmental entities, the public, and other appropriate persons to assist in developing and implementing the alert system. (b) The agency may enter into agreements with participants in the alert system to provide necessary support for the alert system. 38-3-115. (a) On notification by a local law enforcement agency that a disabled adult is missing, the director shall activate the alert system and notify appropriate participants in the alert system, as established by rule, if: (1) A local law enforcement agency believes that a disabled adult is missing; THURSDAY, MARCH 30, 2006 5271 (2) A local law enforcement agency believes that the disabled adult is in immediate danger of serious bodily injury or death; (3) A local law enforcement agency confirms that an investigation has taken place that verifies the disappearance and eliminates alternative explanations for the disabled adult's disappearance; and (4) Sufficient information is available to disseminate to the public that could assist in locating the disabled adult. (b) The area of the alert may be less than state wide if the director determines that the nature of the event makes it probable that the disabled adult did not leave a certain geographic location. (c) The agency may modify the criteria described by subsection (a) of this Code section as necessary for the proper implementation of the alert system. 38-3-116. Before requesting activation of the alert system, a local law enforcement agency must verify that the criteria described by subsection (a) of Code Section 38-3-115 have been satisfied. The local law enforcement agency shall assess the appropriate boundaries of the alert, based on the nature of the disabled adult and the circumstances surrounding the disappearance. On verification of the criteria, the local law enforcement agency shall immediately contact the agency to request activation and shall supply the necessary information on the forms prescribed by the director. 38-3-117. (a) A state agency participating in the alert system shall: (1) Cooperate with the department and assist in developing and implementing the alert system; (2) Establish a plan for providing relevant information to its officers, investigators, or employees, as appropriate, once the alert system has been activated; and (3) Utilize a rapid response telephone system that alerts residents in a targeted area. (b) The Georgia Lottery Corporation is directed to develop a method of notifying its vendors within an alert area of an alert in a manner designed to disseminate alert information to customers at its retail locations. 38-3-118. The director shall terminate any activation of the alert system with respect to a particular disabled adult if: (1) The adult is located or the disappearance is otherwise resolved; or (2) The director determines that the alert system is no longer an effective tool for locating and recovering the disabled adult. 38-3-119. (a) Any entity or individual participating in the 'Mattie's call' alert system pursuant to this article shall not be liable for any civil damages arising from the dissemination of any alert generated pursuant to the 'Matti's call' alert system. 5272 JOURNAL OF THE HOUSE (b) Nothing in this article shall be construed to limit or restrict in any way any legal protection an individual or entity may have under any other law for disseminating any information. 38-3-120. (a) In addition to the state-wide alert system known as 'Mattie's Call,' there is established a state-wide alert system known as 'Kimberly's Call.' (b) The director shall develop and implement a state-wide alert system to be activated when a suspect for the crime of murder as defined in Code Section 16-5-1 or rape as defined in Code Section 16-6-1 has not been apprehended and law enforcement personnel have determined that the suspect may be a serious threat to the public. (c) The provisions of Code Sections 38-3-113, 38-3-114, and 38-3-117 shall also apply to 'Kimberly's Call' as set forth in this Code section. (d) On notification by a local law enforcement agency that a suspect in a case of murder or rape has not been apprehended and may be a serious threat to the public, the director shall activate the alert system and notify appropriate participants in the alert system, as established by rule, if: (1) A local law enforcement agency believes that a suspect has not been apprehended; (2) A local law enforcement agency believes that the suspect may be a serious threat to the public; and (3) Sufficient information is available to disseminate to the public that could assist in locating the suspect. (e) The area of the alert may be less than state wide if the director determines that the nature of the event makes it probable that the suspect did not leave a certain geographic location. (f) Before requesting activation of the alert system, a local law enforcement agency must verify that the criteria described by subsection (d) have been satisfied. The local law enforcement agency shall assess the appropriate boundaries of the alert based on the nature of the suspect and the circumstances surrounding the crime. (g) The director shall terminate any activation of the alert system with respect to a particular suspect if: (1) The suspect is located or the incident is otherwise resolved; or (2) The director determines that the alert system is no longer an effective tool for locating the suspect. (h) Any entity or individual participating in the 'Kimberly's Call' alert system pursuant to this Code section shall not be liable for any civil damages arising from the dissemination of any alert generated pursuant to the 'Kimberly's Call' alert system." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, MARCH 30, 2006 5273 Representative Franklin of the 43rd moved that the House agree to the Senate substitute to HB 728. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe N Barnard N Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton N Black Y Bordeaux N Borders Y Bridges Y Brooks N Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter N Burmeister Y Burns N Butler N Byrd Y Carter Casas N Chambers Channell Y Cheokas N Coan N Cole N Coleman, B Y Coleman, T N Cooper N Cox Y Crawford Y Cummings N Davis N Day N Dean N Dickson N Dodson N Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps N Everson N Fleming Y Floyd, H Y Floyd, J N Fludd N Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Graves, D N Graves, T Y Greene Y Hanner Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A Y Holmes Y Holt N Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Jenkins N Jennings Y Johnson Jones, J Y Jones, S Y Jordan N Keen Y Keown Y Kidd Knight Y Knox Y Lakly Y Lane, B N Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham N Manning Y Marin Martin Y Maxwell N May Y McCall McClinton N Meadows N Millar Y Mills Mitchell Y Morgan Y Morris Mosby Y Mosley N Mumford Y Murphy, J Y Murphy, Q N Neal Y Oliver Y O'Neal Y Orrock Y Parham N Parrish N Parsons Y Porter Y Powell Y Ralston Y Randall N Ray Y Reece, B N Reece, S N Reese N Rice Y Roberts Y Rogers Y Royal N Rynders Sailor Y Scheid Y Scott, A N Scott, M Y Setzler N Shaw N Sheldon Sims, C Y Sims, F Sinkfield N Smith, B E Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V E Smyre Y Stanley-Turner N Stephens N Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 104, nays 57. The motion prevailed. 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. HB 1501. By Representatives Lindsey of the 54th and Wilkinson of the 52nd: 5274 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, so as to change provisions relating to the maximum fines which may be imposed for violations of county ordinances and which may be imposed by municipal courts; to change provisions relating to the maximum fines which may be specified by municipalities exercising home rule powers; to specifically authorize counties and municipalities to adopt ordinances relating to alcoholic beverages specifying fines up to a certain maximum amount; to provide for such provisions to control over conflicting provisions of local laws; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages in general, so as to provide certain limits for fines imposed for violations of local alcoholic beverage ordinances; 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 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages in general, is amended by adding new Code Section 33-2.2 to read as follows: "3-3-2.2. Notwithstanding the limitations imposed by subparagraph (a)(2)(C) of Code Section 36-35-6 or any other provision of general law, in the case of a county or municipality which issues more than 300 licenses for consumption of alcoholic beverages on the premises, the maximum fine for violations of local alcoholic beverages licensing ordinances referenced in Code Section 3-3-2 pertaining to licenses issued to sell alcoholic beverages by the drink for consumption on the premises shall be $2,500.00. Nothing in this Code section shall prohibit the governing authority of a county or municipality from imposing a penalty that is otherwise allowed by law, unless such law is a local law in conflict with this Code section." SECTION 2. This Act shall become effective on July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, MARCH 30, 2006 5275 Representative Lindsey of the 54th moved that the House agree to the Senate substitute to HB 1501. 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 Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Channell Cheokas Y Coan Y Cole Y Coleman, B N 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 Everson Y Fleming Y Floyd, H Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin 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, E 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 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 N May Y McCall McClinton Y Meadows Y Millar N 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 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 Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Sims, C Y Sims, F Y Sinkfield Y Smith, B E Smith, L Y Smith, P Y Smith, R Y Smith, T Smith, V E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin N Walker N 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 5. The motion prevailed. HB 941. By Representatives Benton of the 31st, England of the 108th, Bearden of the 68th, Mosley of the 178th, Maddox of the 172nd and others: 5276 JOURNAL OF THE HOUSE 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. The following Senate substitute was read: A BILL 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 authorize the display of certain historical documents as part of the foundation of American law and government; to provide for a context for the historical documents; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, is amended by adding a new Code Section 45-1351 to read as follows: "45-13-51. (a) The General Assembly finds and determines: (1) The General Assembly has directed the Division of Archives and History of the State of Georgia to encourage the study of historical documents; (2) There is a need to educate and inform the public about the history and background of American law; (3) The public courthouses and judicial facilities of this state are an ideal forum in which to display educational and informational material about the history and background of American law; and (4) A basic knowledge of American constitutional history is important to the formation of civic virtue in our society; (b) Each municipality and political subdivision of this state shall be authorized to post the Foundations of American Law and Government display, as described in subsection (c) of this Code section, in a visible, public location in the judicial facilities of such municipality or political subdivision. (c) The Foundations of American Law and Government display shall include: (1) The Mayflower Compact, 1620; THURSDAY, MARCH 30, 2006 5277 (2) The Ten Commandments as extracted from Exodus Chapter 20; (3) The Declaration of Independence; (4) Magna Carta; (5) 'The Star-Spangled Banner' by Francis Scott Key; (6) The national motto; (7) The Preamble to the Georgia Constitution; (8) The Bill of Rights of the United States Constitution; and (9) The description on the image of Lady Justice. (d) Public displays of the Foundations of American Law and Government shall contain the documents set forth in paragraphs (1) through (9) of subsection (c) of this Code section together with a context for acknowledging formative, historically significant documents in America's heritage as follows: FOUNDATIONS OF AMERICAN LAW AND GOVERNMENT DISPLAY The Foundations of American Law and Government display contains documents that played a significant role in the foundation of our system of law and government. The display contains (1) the Mayflower Compact; (2) the Ten Commandments; (3) the Declaration of Independence; (4) Magna Carta; (5) 'The Star-Spangled Banner'; (6) the national motto of the United States of America; (7) the Preamble to the Georgia Constitution; (8) the Bill of Rights of the United States Constitution; and (9) a picture of Lady Justice. The Mayflower Compact The Mayflower Compact was penned by William Bradford on November 11, 1620, on the Mayflower before the Pilgrims made landfall at Plymouth, Massachusetts. The Compact was the first written constitution in the New World. William Bradford described the reasoning behind the Compact when he stated in the Compact, 'This day, before we came to harbour, observing some not well affected to unity and concord, but gave some appearance of faction, it was thought good there should be an association and agreement, that we should combine together in one body, and to submit to such government and governors as we should by common consent agree to make and choose, and set our hands to this that follows, word for word.' The Ten Commandments The Ten Commandments have profoundly influenced the formation of Western legal thought and the formation of our country. That influence is clearly seen in the Declaration of Independence, which declared that 'We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.' 5278 JOURNAL OF THE HOUSE The Ten Commandments provide the moral background of the Declaration of Independence and the foundation of our legal tradition. The Declaration of Independence Perhaps the single most important document in American history, the Declaration of Independence was, as Abraham Lincoln stated, the 'frame' into which the Framers placed the Constitution. The Declaration's fundamental premise is that one's right to 'Life, Liberty and the pursuit of Happiness' is not a gift of government. Government is not a giver of rights, but a protector of God-given rights. Moreover, government is a creation of 'the governed' and derives all its power from the consent of its people. As the Preamble to the United States Constitution states, 'We the People' are the government. Magna Carta In 1215, King John of England consented to the demands of his barons and agreed for Magna Carta to be publicly read throughout the land. By this act he bound himself and 'our heirs, in all things and all places for ever' to grant to the people of his kingdom the rights pronounced in Magna Carta. By signing Magna Carta, King John brought himself and England's future rulers within the rule of law. The rule of law places a restraint on the exercise of arbitrary government power, and it places all people and civil government under law. The American patriots, therefore, waged war against England to preserve liberties originating in thirteenth century England. A distinction, however, is noted between Magna Carta and the American concept of liberty. While Magna Carta is a guarantee from a king that he will follow the law, the Constitution of the United States is the establishment of a government consisting of, and created for, 'We the People.' 'The Star-Spangled Banner' Guarding the entrance to Baltimore harbor via the Patapsco River during the War of 1812, Fort McHenry faced almost certain attack by British forces. Major George Armistead, the stronghold's commander, was ready to defend the fort, but he wanted a flag that would identify his position, one whose size would be visible to the enemy from a distance. The flag that was made for the fort was 30 feet by 42 feet. Anxiously awaiting news of the battle's outcome was a Washington, D.C., lawyer named Francis Scott Key. Key had visited the enemy's fleet to secure the release of a Maryland doctor who had been abducted by the British after they left Washington. The lawyer had been successful in his mission, but he could not escort the doctor home until the attack ended. So he waited on a flag-of-truce sloop anchored eight miles downstream from Fort McHenry. During the night, there had been only occasional sounds of the fort's guns returning fire. At dawn, the British bombardment tapered off. Had the fort been captured? Placing a THURSDAY, MARCH 30, 2006 5279 telescope to his eye, Key trained it on the fort's flagpole. There he saw the large garrison flag catch the morning breeze. It had been raised as a gesture of defiance, replacing the wet storm flag that had flown through the night. Thrilled by the sight of the flag and the knowledge that the fort had not fallen, Key took a letter from his pocket and began to write some verses on the back of it. Later, after the British fleet had withdrawn, Key checked into a Baltimore hotel and completed his poem on the defense of Fort McHenry. He then sent it to a printer for duplication on handbills, and within a few days the poem was put to the music of an old English song. Both the new song and the flag became known as 'The Star-Spangled Banner' and became a rallying cry for the American Patriots during the rest of the war. The National Motto The motto was derived from the line 'And this be our motto, "In God is our trust"' in the U.S. national anthem, 'The Star-Spangled Banner.' The phrase first appeared on U.S. coins in 1864 and became obligatory on all U.S. currency in 1955. In accordance with Public Law No. 851 passed at the Second Session of the 84th Congress of the United States, July 30, 1956, the national motto of the United States became "In God We Trust." The Preamble to the Georgia Constitution The Preamble to the Georgia Constitution celebrates the ideas of free government, justice, peace, happiness, and liberty. Government is a creation of 'the governed' and derives all its power from the consent of its people. The people, therefore, desiring a civilized society, created and ordained the Constitution of the State of Georgia. The Bill of Rights of the United States Constitution During the debates on the adoption of the U.S. Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a 'bill of rights' that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered. The Bill of Rights is still a vital and powerful force in American government, shaping our laws and serving as a check on the exercise of government power. Lady Justice Lady Justice has become a symbol of the fair and equal administration of the law, without corruption, avarice, prejudice, or favor. The blindfold represents a system of justice that is blinded to all prejudices or favor. The scales represent justice that is 5280 JOURNAL OF THE HOUSE administered fairly and the sword represents justice that is authoritative. Lady Justice is a symbol of the American system of justice and the ideals it embodies. (e) All documents which are included in the Foundations of American Law and Government displays shall be posted on 11 x 14 inch paper and shall be framed in identically styled frames. No one document shall be displayed more prominently than another. (f) In no event shall any state funding be used for a display of the Foundations of American Law and Government." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Benton of the 31st moved that the House agree to the Senate substitute to HB 941. The motion was lost. The House has disagreed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 681. By Senators Staton of the 18th and Chance of the 16th: A BILL to be entitled an Act to provide that future elections for the office of judge of the probate court of Monroe 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. HB 1394. By Representative Channell of the 116th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Greensboro, approved March 16, 1978 (Ga. L. 1978, p. 3932), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 30, 2006 5281 HB 1448. By Representative Bridges of the 10th: A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Baldwin, approved March 28, 1986, (Ga. L. 1986, p. 5578), as amended, so as to change and extend the corporate limits of such city; to repeal conflicting laws; and for other purposes. HB 1476. By Representative Freeman of the 140th: A BILL to be entitled an Act to amend an Act restating and reenacting a certain homestead exemption from ad valorem taxes levied for county and school purposes and a certain homestead exemption from ad valorem taxes levied for county purposes in Twiggs County approved March 20, 1990 (Ga. L. 1990, p. 3935), so as to increase the amount of the county exemption and the amount of the income limitation; to lower the age requirement to 62 years of age or over; to specify the terms and conditions of such exemption and the procedures relating thereto; to provide for a referendum, effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1477. By Representative Lane of the 167th: A BILL to be entitled an Act to provide a new charter for the City of Darien; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; 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 provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1560. By Representative Greene of the 149th: A BILL to be entitled an Act to amend an Act creating the State Court of Miller County, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 3921), so as to change the compensation of the judge and solicitor-general of said court; to 5282 JOURNAL OF THE HOUSE provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1561. By Representative Greene of the 149th: A BILL to be entitled an Act to provide that the judge of the Probate Court of Randolph County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Probate Court of Randolph County; to repeal conflicting laws; and for other purposes. HB 1577. By Representative Loudermilk of the 14th: A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; 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 1578. By Representative Loudermilk of the 14th: A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $28,000.00 of the assessed value of the homestead for residents of that city who are disabled and whose household income does not exceed $20,000.00; 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 1579. By Representative Loudermilk of the 14th: A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that city 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. HB 1580. By Representative Loudermilk of the 14th: THURSDAY, MARCH 30, 2006 5283 A BILL to be entitled an Act to provide for a homestead exemption from City of Adairsville ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are 62 years of age or over and whose income, excluding certain retirement income, does not exceed $10,000.00; 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 1581. By Representatives Smith of the 70th and Horne of the 71st: A BILL to be entitled an Act to provide that the board of education of Coweta County shall be authorized to provide group medical insurance for a former member, including such member's spouse and dependents, under certain conditions; to provide for payment; to provide for related matters; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes. HB 1586. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Brunswick, approved April 4, 1991 (Ga. L. 1991, p. 3911), as amended, so as to change certain provisions relating to nomination of candidates; to provide for submission 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 1594. By Representatives Greene of the 149th and Hanner of the 148th: A BILL to be entitled an Act to create the Lower Chattahoochee Regional Airport 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 prohibit authority employees and members from having certain interests; to provide for definitions; to provide for succession in interest to the Cuthbert-Randolph Airport Authority; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust 5284 JOURNAL OF THE HOUSE indentures and sinking fund; to provide for an effective date; to repeal a certain Act; to repeal conflicting laws; and for other purposes. HB 1603. By Representatives Jackson of the 161st, Stephens of the 164th, Bordeaux of the 162nd, Bryant of the 160th and Carter of the 159th: A BILL to be entitled an Act to amend an Act governing the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4031), so as to modify the compensation of members of the Board of Public Education for the City of Savannah and the County of Chatham; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. HB 1611. By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st: A BILL to be entitled an Act to amend an Act creating a board of elections and registration for Catoosa County, approved March 22, 1990 (Ga. L. 1990, p. 4371), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4251), so as to correct the terms of office of members of the board; to correct a typographical error; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1623. By Representative Mosley of the 178th: A BILL to be entitled an Act to create a board of elections and registration for Brantley 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 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. HB 1641. By Representative Hanner of the 148th: A BILL to be entitled an Act to provide that the judge of the Probate Court of Webster County shall have the authority to appoint a person other than the THURSDAY, MARCH 30, 2006 5285 clerk of the superior court to serve as clerk of the Probate Court of Webster County; to repeal conflicting laws; and for other purposes. HB 1642. By Representative Hanner of the 148th: A BILL to be entitled an Act to provide that the chief magistrate of Webster County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Magistrate Court of Webster County; to repeal conflicting laws; and for other purposes. HB 1643. By Representative Hudson of the 124th: A BILL to be entitled an Act to provide that the probate judge of Glascock County shall serve ex officio as chief magistrate of the Magistrate Court of Glascock County on and after January 1, 2009; to provide an effective date; to provide for a referendum; to repeal certain Acts; to repeal conflicting laws; and for other purposes. HB 1644. By Representative Lane of the 167th: A BILL to be entitled an Act to create a board of elections and registration for McIntosh 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 board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to provide for submission under the Voting Rights Act of 1965, as amended; to repeal a specific Act; to repeal conflicting laws; and for other purposes. HB 1645. By Representatives Mills of the 25th, Reece of the 27th, Benton of the 31st, Amerson of the 9th and Rogers of the 26th: A BILL to be entitled an Act to create the Northeastern Judicial Circuit Public Defender Study Commission; to provide for the appointment of members; to provide for meetings and operations; to provide for powers, duties, and authority of the commission; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. 5286 JOURNAL OF THE HOUSE HB 1646. By Representative Coleman of the 144th: A BILL to be entitled an Act to provide for the manner of making appointments to fill vacancies in the membership of the board of the Dodge County Hospital Authority; to repeal a local law for purposes of conformity; to repeal conflicting laws; and for other purposes. HB 1653. By Representatives Neal of the 1st, 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, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended, so as to provide an increase in compensation for members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1654. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to provide a homestead exemption from Bryan County school district ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1655. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to provide for a homestead exemption from City of Pembroke ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city 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. HB 1656. By Representatives Stephens of the 164th and Lane of the 158th: A BILL to be entitled an Act to provide for a homestead exemption from City of Richmond Hill ad valorem taxes for municipal purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that city 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 THURSDAY, MARCH 30, 2006 5287 provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1661. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Baxley, approved August 21, 1911 (Ga. L. 1911, p. 700), as amended, particularly by an Act approved April 13, 1982 (Ga. L. 1982, p. 4725) and an Act approved March 20, 1990 (Ga. L. 1990, p. 4134), so as to provide for the deannexation of certain territory from the corporate limits of said city; to provide for the annexation of certain territory into the corporate limits of said city; 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 1658. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3940), so as to change the number and the description of the council 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 eligibility and qualifications; to provide for the election of the mayor; 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 1660. By Representative Smith of the 168th: A BILL to be entitled an Act to create a board of elections and registration for Bacon 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 board's performance of certain functions and duties for certain municipalities; to provide effective dates; to repeal conflicting laws; and for other purposes. 5288 JOURNAL OF THE HOUSE The Senate adheres to its substitutes and has appointed a Committee of Conference on the following bills of the House: HB 1371. By Representatives Graves of the 137th, Carter of the 159th, Harbin of the 118th, Stephens of the 164th and Parrish of the 156th: 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 Pharmacy Audit Bill of Rights"; to provide for a short title; to set out a list of rights of pharmacies undergoing audits; to provide for an appeal process; to provide for applicability; 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: Thomas of the 54th, Hudgens of the 47th, and Goggans of the 7th. HB 1178. By Representatives Hill of the 180th, Channell of the 116th, Cooper of the 41st, Brown of the 69th, Jenkins of the 8th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons; to provide for a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; 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: Thomas of the 54th, Schaefer of the 50th, and Goggans of the 7th. HB 1412. By Representatives Smith of the 168th, Mosley of the 178th, Stephens of the 164th, Royal of the 171st and Bridges of the 10th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, 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 require the use of clean and renewable fuels in certain vehicles operated by certain government entities under certain circumstances; to provide for legislative findings and declarations; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 30, 2006 5289 The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Kemp of the 46th, Harp of the 29th, and Bulloch of the 11th. The Senate has disagreed to the House amendment to the following bill of the Senate: SB 136. By Senators Smith of the 52nd, Hill of the 32nd, Wiles of the 37th and Weber of the 40th: A BILL to be entitled an Act to amend Code Section 15-11-47 of the Official Code of Georgia Annotated, relating to procedure on taking child into custody, detention, and bail, so as to provide for bail for children alleged to be delinquent or unruly; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate insists on its amendment to the following bill of the House: HB 1211. By Representatives Reese of the 98th, Lane of the 158th, Ralston of the 7th, Holt of the 112th, Crawford of the 127th 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 the Southern Appalachian brook trout as the official state cold water game fish; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has adopted by the requisite constitutional majority the following resolution of the House: HR 1564. By Representatives Dollar of the 45th and Rice of the 51st: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for special motor vehicle license plates and dedicate the revenue from such plates for stated purposes, including dedications for the ultimate use of agencies, funds, or nonprofit corporations where it is found that there will be a benefit to the state; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. The Senate has passed by the requisite constitutional majority the following bills of the House: HB 1006. By Representatives Ashe of the 56th and Thomas of the 55th: 5290 JOURNAL OF THE HOUSE 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 certain persons and vehicles, so as to emphasize that the renewal registration fees for prestige plates are to be distributed in the same manner as the initial fees; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1160. By Representatives Knight of the 126th, Tumlin of the 38th, Mosby of the 90th and O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide for additional adjustments with respect to certain Subchapter "S" corporations, partnerships, or limited liability companies; to provide for procedures, conditions, and limitations; to provide for a definition; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 1209. By Representatives Chambers of the 81st, Wilkinson of the 52nd and Watson of the 91st: A BILL to be entitled an Act to amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment into county treasuries of fines and forfeitures, so as to provide for payment of certain moneys arising from traffic fines generated by motorcycle enforcement to the Department of Public Safety for the maintenance and enhancement of the motorcycle enforcement program; to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals relative to prosecution of misdemeanor traffic offenses, so as to provide for payment of certain moneys arising from traffic fines generated by motorcycle enforcement to the Department of Public Safety for the maintenance and enhancement of the motorcycle enforcement program; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Speaker announced the House in recess until 1:30 o'clock, this afternoon. THURSDAY, MARCH 30, 2006 5291 AFTERNOON SESSION The Speaker called the House to order. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House: HB 1053. By Representatives Mills of the 25th, Rice of the 51st, Ehrhart of the 36th, Keen of the 179th, Fleming of the 117th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the national motto, "In God We Trust"; to provide for a portion of the revenue to go to the Boy Scouts of America; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. HB 1227. By Representatives England of the 108th, Coleman of the 97th, McCall of the 30th, Roberts of the 154th, Black of the 174th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to create the Agricultural Education Oversight Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; 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 1228. By Representatives England of the 108th, Coleman of the 97th, McCall of the 30th, Roberts of the 154th, Black of the 174th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to create the Career and Technical Education 5292 JOURNAL OF THE HOUSE Oversight Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to repeal conflicting laws; and for other purposes. The Senate has passed by the requisite constitutional majority the following bill of the House: HB 695. By Representatives Holt of the 112th and Mills of the 25th: A BILL to be entitled an Act to amend Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, so as to enact the "Disabled Assistants Act"; to revise provisions relating to wild animal permits and licenses; to authorize the issuance of permits for animals to assist persons with disabilities under certain conditions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Resolutions of the House were read: HR 1730. By Representatives Willard of the 49th, Orrock of the 58th, Oliver of the 83rd, Jenkins of the 8th, Sinkfield of the 60th and others: A RESOLUTION recognizing Critical Conditions Health Decisions Month in Georgia; and for other purposes. The following substitute, offered by Representatives Willard of the 49th and Orrock of the 58th was read and adopted: A RESOLUTION Recognizing Critical Conditions Health Decisions Month in Georgia; and for other purposes. WHEREAS, it is vitally important for an individual to consider health care decisions that may arise in the future; and WHEREAS, health care planning is a process, rather than a single decision, that helps people consider the kind of care they would want to receive in the event of a serious illness or incapacitation, encourages them to discuss these issues with their loved ones and physicians, and assists them in documenting their wishes in writing; and WHEREAS, advance directives give individuals the ability to document their wishes relating to health care decisions and to delegate a representative to speak for them should they become unable to speak for themselves; and THURSDAY, MARCH 30, 2006 5293 WHEREAS, introducing these issues in community settings can help people begin conversations about their health care wishes with a family member, close friend, physician, or faith leader; and WHEREAS, Georgia has a number of local coalitions throughout the state that are working to involve individuals and families in health care planning through educational forums, discussion groups, speakers bureaus, and training; and WHEREAS, Georgia's "Critical Conditions" program, which has received national recognition as one of the most comprehensive advanced-care planning programs in the nation, is being utilized by over 100 facilities, Georgia's area agencies on aging, and public health offices throughout the state to help Georgians discuss and plan for their care at the end of life. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body recognizes November of each year as Critical Conditions Health Decisions Month in Georgia. BE IT FURTHER RESOLVED that this body encourages all citizens to think about and talk with loved ones about their wishes for medical care. HR 2162. By Representative Anderson of the 123rd: A RESOLUTION commending Trina Howard Hawkins; and for other purposes. HR 2163. By Representatives Barnard of the 166th, Lane of the 158th, Hanner of the 148th, Parrish of the 156th, Channell of the 116th and others: A RESOLUTION recognizing and expressing appreciation to House Speaker Emeritus Terry Coleman; and for other purposes. HR 2164. By Representative Jones of the 46th: A RESOLUTION commending Northwestern Middle School on receiving a Single Statewide Accountability System Platinum Award from the Governor's Office of Student Achievement; and for other purposes. HR 2165. By Representative Mosley of the 178th: A RESOLUTION commending Dr. Paul Scott on the occasion of his retirement; and for other purposes. 5294 JOURNAL OF THE HOUSE HR 2166. By Representatives Burkhalter of the 50th and Martin of the 47th: A RESOLUTION commending the Chattahoochee High School Cougars baseball team; and for other purposes. HR 2167. By Representative Jackson of the 161st: A RESOLUTION commending Dr. Stantley J. Pritchett, Sr.; on the occasion of his retirement; and for other purposes. HR 2168. By Representatives Smith of the 70th and Brown of the 69th: A RESOLUTION congratulating The News and Banner; and for other purposes. HR 2169. By Representative Mangham of the 94th: A RESOLUTION honoring and commending Pastor Micheal Benton; and for other purposes. HR 2170. By Representative Reese of the 98th: A RESOLUTION commending Level Creek Elementary School on receiving a Single Statewide Accountability System Bronze Award from the Governor's Office of Student Achievement; and for other purposes. HR 2171. By Representatives Reese of the 98th and Coan of the 101st: A RESOLUTION commending Suwanee Elementary School on receiving a Single Statewide Accountability System Silver Award from the Governor's Office of Student Achievement; and for other purposes. HR 2172. By Representative Buckner of the 130th: A RESOLUTION recognizing the Academic Success Center of Columbus, Georgia, on the centennial anniversary of its school building; and for other purposes. HR 2173. By Representative Buckner of the 130th: A RESOLUTION commending the Doctors Hospital Auxiliary on the occasion of its 30th anniversary; and for other purposes. THURSDAY, MARCH 30, 2006 5295 HR 2174. By Representative Reese of the 98th: A RESOLUTION commending Harmony Elementary School on receiving a Single Statewide Accountability System Bronze Award from the Governor's Office of Student Achievement; and for other purposes. HR 2175. By Representatives Abdul-Salaam of the 74th and Jordan of the 77th: A RESOLUTION commending Pastor Dallas C. Wilson and the Center of Hope Church of God in Christ Ministries for answering the call of God to extraordinary service during Hurricane Katrina; and for other purposes. HR 2176. By Representatives Abdul-Salaam of the 74th and Jordan of the 77th: A RESOLUTION commending Lewis Academy of Excellence Charter School; and for other purposes. HR 2177. By Representatives Abdul-Salaam of the 74th and Jordan of the 77th: A RESOLUTION commending the City of Riverdale for overwhelming support during Hurricane Katrina; and for other purposes. HR 2178. By Representatives Hill of the 180th, Stephens of the 164th and Carter of the 159th: A RESOLUTION expressing regret at the passing of Stephen R. Harris; and for other purposes. HR 2179. By Representatives Hill of the 180th, Stephens of the 164th and Carter of the 159th: A RESOLUTION commending Land Resource Companies; and for other purposes. HR 2180. By Representative Greene of the 149th: A RESOLUTION congratulating Mrs. Adella Jenkins Quick on the occasion of her 100th birthday; and for other purposes. HR 2181. By Representative Martin of the 47th: A RESOLUTION recognizing State Spelling Bee Champion Nandhini Sundaresan; and for other purposes. 5296 JOURNAL OF THE HOUSE HR 2182. By Representative Powell of the 29th: A RESOLUTION commending Mr. Herbert Maret; and for other purposes. HR 2183. By Representative Powell of the 29th: A RESOLUTION commending Mr. George M. Rooks; and for other purposes. HR 2184. By Representatives Sheldon of the 105th, Reese of the 98th, Coan of the 101st and Mills of the 25th: A RESOLUTION commending Reverend Larry Wynn; and for other purposes. HR 2185. By Representatives Smith of the 70th and Horne of the 71st: A RESOLUTION recognizing and commending Colonel Willie Boyd; and for other purposes. HR 2186. By Representative Powell of the 29th: A RESOLUTION expressing regret at the passing of Charles R. Peek; and for other purposes. HR 2187. By Representatives Golick of the 34th and Roberts of the 154th: A RESOLUTION commending Danielle Bracewell; and for other purposes. HR 2188. By Representative Porter of the 143rd: A RESOLUTION commending the Dublin High School varsity basketball team on its historic 2006 state championship season; and for other purposes. HR 2189. By Representative Porter of the 143rd: A RESOLUTION recognizing Coach Clinton Thomas for his contributions to Dublin High School; and for other purposes. HR 2190. By Representatives Reese of the 98th, Coan of the 101st and Mills of the 25th: A RESOLUTION commending Ms. Karin Manis on being named the 20052006 Buford City Schools Teacher of the Year; and for other purposes. THURSDAY, MARCH 30, 2006 5297 HR 2191. By Representative Mangham of the 94th: A RESOLUTION commending the American Association for the treatment of Opioid Dependence; and for other purposes. HR 2192. By Representatives Mangham of the 94th and Stanley-Turner of the 53rd: A RESOLUTION commending the Georgia R.O.C.S. event of the Reach Them 2 Teach Them Foundation; and for other purposes. HR 2193. By Representatives Mangham of the 94th and Stanley-Turner of the 53rd: A RESOLUTION commending the Reach Them 2 Teach Them Foundation; and for other purposes. HR 2194. By Representatives Mangham of the 94th and Stanley-Turner of the 53rd: A RESOLUTION recognizing Terrance and Tina Thornton; and for other purposes. HR 2195. By Representative Mangham of the 94th: A RESOLUTION commending Chris Nelson; and for other purposes. HR 2196. By Representative Loudermilk of the 14th: A RESOLUTION recognizing Mr. Shirley C. Loudermilk for his service to his country, state, and community; and for other purposes. HR 2197. By Representative Burns of the 157th: A RESOLUTION recognizing and commending Coach Mark D. Daniel for his contributions to Screven County and education; and for other purposes. HR 2198. By Representatives Coan of the 101st and Coleman of the 97th: A RESOLUTION commending the Peachtree Ridge High School RoboLions; and for other purposes. HR 2199. By Representatives Hill of the 180th, Stephens of the 164th and Carter of the 159th: A RESOLUTION commending the Navy League of the United States; and for other purposes. 5298 JOURNAL OF THE HOUSE HR 2200. By Representatives Hill of the 180th, Stephens of the 164th and Carter of the 159th: A RESOLUTION commending Rebecca J. "Becci" Curry; and for other purposes. HR 2201. By Representatives Geisinger of the 48th, Cox of the 102nd, Lindsey of the 54th, Mumford of the 95th, Talton of the 145th and others: A RESOLUTION recognizing September 9-16, 2007, as Polycystic Kidney Disease Awareness Week in Georgia; and for other purposes. HR 2202. By Representatives Mangham of the 94th, Beasley-Teague of the 65th, Stanley-Turner of the 53rd, Watson of the 91st, Everson of the 106th and others: A RESOLUTION commending Prophetess Dr. Juanita Bynum; and for other purposes. HR 2203. By Representative Mangham of the 94th: A RESOLUTION commending the American Association for the Treatment of Opioid Dependence; and for other purposes. HR 2204. By Representative Powell of the 29th: A RESOLUTION commending Mr. Steve Williams; and for other purposes. HR 2205. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th and Williams of the 89th: A RESOLUTION commending Sheriff Victor K. Hill and Chief Tee Cassells for heroic efforts above and beyond the call duty during Hurricane Katrina; and for other purposes. HR 2206. By Representatives Keen of the 179th and Richardson of the 19th: A RESOLUTION commending Evan Jai Porter; and for other purposes. HR 2207. By Representatives Reese of the 98th, Coan of the 101st and Mills of the 25th: A RESOLUTION commending Ms. Sue Morris on the occasion of her retirement; and for other purposes. THURSDAY, MARCH 30, 2006 5299 HR 2208. By Representative Jones of the 46th: A RESOLUTION commending Crabapple Crossing Elementary School on receiving a Single Statewide Accountability System Platinum Award from the Governor's Office of Student Achievement; and for other purposes. HR 2209. By Representative Jones of the 46th: A RESOLUTION commending Mountain Park Elementary School on receiving a Single Statewide Accountability System Platinum Award from the Governor's Office of Student Achievement; and for other purposes. HR 2210. By Representative Jones of the 46th: A RESOLUTION commending Summit Hill Elementary School on receiving a Single Statewide Accountability System Platinum Award from the Governor's Office of Student Achievement; and for other purposes. HR 2211. By Representative Jones of the 46th: A RESOLUTION Roswell North Elementary School on receiving a Single Statewide Accountability System Platinum Award from the Governor's Office of Student Achievement; and for other purposes. HR 2212. By Representative Keown of the 173rd: A RESOLUTION commending Margaret Cox Grady; and for other purposes. HR 2213. By Representatives Mangham of the 94th, Brooks of the 63rd, Stephenson of the 92nd and Martin of the 47th: A RESOLUTION remembering and honoring the life of Mr. Edd Bates III; and for other purposes. HR 2214. By Representative Houston of the 170th: A RESOLUTION celebrating the birth of Charles Bush May III; and for other purposes. On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: 5300 JOURNAL OF THE HOUSE Y Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Bordeaux Y Borders Bridges Y Brooks Y Brown Y Bruce Bryant Y Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Channell Cheokas Coan Y Cole Y Coleman, B Coleman, T Cooper Cox Crawford Cummings Y Davis Y Day Dean Y Dickson Dodson Dollar Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Floyd, J Y Fludd Y Forster Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Y Graves, T Y Greene Y Hanner Harbin 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 Y Howard, E Hudson Hugley Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Jordan Keen Y Keown Y Kidd Knight Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Maddox Mangham Y Manning Y Marin Martin Y Maxwell Y May McCall McClinton Y Meadows Y Millar Mills Y Mitchell Y Morgan Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver O'Neal Orrock Parham Y Parrish Y Parsons Porter Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Royal Y Rynders Y Sailor Y Scheid Y Scott, A Scott, M Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Smith, B E Smith, L Smith, P Y Smith, R Y Smith, T Y Smith, V E 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 Y Williams, A Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the adoption of the Resolutions, the ayes were 111, nays 0. The Resolutions were adopted. Representatives Beasley-Teague of the 65th, Cox of the 102nd, and Royal of the 171st 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 amendment thereto: HB 343. By Representatives Borders of the 175th, Black of the 174th, Shaw of the 176th and Houston of the 170th: THURSDAY, MARCH 30, 2006 5301 A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Valdosta State University's Peach State Summer Theatre as Georgia's Official Musical Theatre; to repeal conflicting laws; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 343 by inserting after "Theatre;" on line 3 of page 1 the following: to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for home study students in public universities; to provide for applicability; By inserting between lines 20 and 21 of page 2 the following: SECTION 2A. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by inserting a new Code section to read as follows: "20-3-66.1. (a) A member institution of the University System of Georgia shall consider for admission an applicant to the institution as an undergraduate student on the same basis as any other student if the applicant has completed a home study program and meets the residency requirements of the board of regents and if: (1) The applicant's scores on one or more nationally recognized admissions tests are commensurate with those of entering freshmen in the institution; and (2) The applicant's scores on the institution's entrance or placement examinations would allow the student to be placed in freshman-level, nonremedial classes. (b) The board of regents is authorized to adopt rules and regulations relating to the operation of admissions programs under this Code section. (c) This Code section shall apply to all applicants on and after the effective date of this Code section." Representative Borders of the 175th moved that the House agree to the Senate amendment, to HB 343. By unanimous consent, further consideration of HB 343 was suspended until later in the legislative day. The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House amendment thereto: 5302 JOURNAL OF THE HOUSE SB 306. By Senators Hamrick of the 30th and Harp of the 29th: A BILL to be entitled an Act to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospital and nursing home liens, so as to change notice and filing provisions with respect to certain liens; to change a provision relating to the effect of release or covenant not to sue on hospitals and other medical provider liens; to change a provision relating to the effect of this part on a settlement or release entered into before entry into a hospital, nursing home, or traumatic burn care medical facility; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate amendment was read: The Senate moves to amend the House Amendment to SB 306 (AM 18 1326) by striking lines 2 through 8 of page 1. Representative Willard of the 49th moved that the House agree to the Senate amendment to the House amendment to SB 306. 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 Y Beasley-Teague Y Benfield Y Benton Black Y Bordeaux Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Crawford Y Cummings Y Davis Y Day Dean Y Dickson Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Floyd, J Y Fludd Y Forster Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs James Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Morgan 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 Porter Y Powell Y Ralston Randall Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Sheldon Sims, C Y Sims, F Sinkfield Y Smith, B E Smith, L E Smith, P Y Smith, R Y Smith, T Y Smith, V E 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 THURSDAY, MARCH 30, 2006 5303 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Hanner Harbin Y Hatfield Heard, J Y Heard, K Y Heckstall Hembree Henson Y Hill, C Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the motion the ayes were 144, nays 0. The motion prevailed. Representative Dean of the 59th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 848. By Representatives Butler of the 18th, Maxwell of the 17th, England of the 108th, Roberts of the 154th and Stephens of the 164th: 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. The following Senate substitute was read: A BILL 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 for an ad valorem tax exemption for certain charitable institutions; 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 referenda, applicability, and 5304 JOURNAL OF THE HOUSE effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, is amended in Code Section 48-5-41, relating to property exempt from ad valorem taxation, by striking subsection (d) and inserting in its place a new subsection (d) to read as follows: "(d)(1) Except as otherwise provided in paragraph (2) of this subsection, this This Code section, excluding paragraph (1) of subsection (a) of this Code section, shall not apply to real estate or buildings which are rented, leased, or otherwise used for the primary purpose of securing an income thereon and shall not apply to real estate or buildings which are not used for the operation of religious, educational, and charitable institutions. Donations of property to be exempted shall not be predicated upon an agreement, contract, or other instrument that the donor or donors shall receive or retain any part of the net or gross income of the property. (2) With respect to paragraph (4) of subsection (a) of this Code section, real estate or buildings which are owned by a charitable institution and used by such charitable institution exclusively for the charitable purposes of such charitable institution may be used for the purpose of securing income so long as such income is used exclusively for the operation of that charitable institution." SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting Section 1 of this part to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 2006, state-wide general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Act be approved which grants an exemption from ad valorem taxation on property owned by a charitable institution which generates income when that income is used exclusively for the operation of such charitable institution?" 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 part shall THURSDAY, MARCH 30, 2006 5305 become effective on January 1, 2007, and shall apply to all taxable years beginning on or after that date. If Section 1 of this part is not so approved or if the election is not conducted as provided in this section, Section 1 of this part shall not become effective and this part shall be automatically repealed on the first day of January immediately following that election date. PART II SECTION 3. Said part is further amended by adding between Code Sections 48-5-48.2 and 48-5-49 a new Code Section 48-5-48.3 to read as follows: "48-5-48.3. (a) As used in this Code section, the term: (1) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than ten contiguous acres of land immediately surrounding such residence. (2) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Code section is made. (b) Any person who is a senior citizen and resident of Georgia is granted upon application an exemption on his or her homestead which such person owns and actually occupies as a residence and homestead in an amount equal to the actual levy for state ad valorem taxation made pursuant to Code Section 48-5-8 with respect to that homestead, such exemption being from all ad valorem taxation for state purposes. The value of all property in excess of the exempted amount cited above shall remain subject to taxation. (c) The exemption shall be claimed and returned in the same manner as otherwise required under Code Section 48-5-50.1. Each person shall file for the exemption only once in the county of his or her residence. Once filed, the exemption shall automatically be renewed from year to year. (d) The exemption granted by this Code section shall not apply to or affect county taxes, municipal taxes, or school district taxes. (e) The exemption granted by this Code section shall be in addition to and not in lieu of any other homestead exemption from state taxes." SECTION 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a referendum as provided in this section for the purpose of submitting Section 3 of this part to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of and in conjunction with the November, 2006, state-wide general election. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words: 5306 JOURNAL OF THE HOUSE "( ) YES Shall the Act be approved which provides a homestead exemption for senior citizens in an amount equal to the actual levy for state ad valorem ( ) NO tax purposes on the homestead?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 3 of this part shall become effective on January 1, 2007, and shall be applicable to all taxable years beginning on or after that date. If Section 3 of this part is not so approved or if the election is not conducted as provided in this section, Section 3 of this part shall not become effective and this part shall be automatically repealed on the first day of January immediately following that election date. PART III SECTION 5. Except as otherwise provided in Section 2 of Part I of this Act and Section 4 of Part II of this Act, 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 Butler of the 18th moved that the House disagree to the Senate substitute to HB 848. The motion prevailed. The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting or amending the same: HB 1090. By Representatives Harbin of the 118th, Fleming of the 117th, Burmeister of the 119th and Rogers of the 26th: A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the O.C.G.A., relating to contracts for public works, and Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, so as to provide that a contractor that is more than 30 days behind in the performance of a state public works construction contract or a construction or maintenance contract with the Department of Transportation due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contract is THURSDAY, MARCH 30, 2006 5307 brought current or is completed; to provide for related matters; 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 amendment to HB 1090 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Smith of the 129th, Graves of the 12th, and Harbin of the 118th. HB 1373. By Representatives Harbin of the 118th, Burkhalter of the 50th and Keen of the 179th: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to financial affairs, and Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to change provisions relating to the state budget process and budgetary information; to repeal the creation of the Budgetary Responsibility Oversight Committee and matters relative thereto; to provide for certain reports with respect to federal funds and other agency funds; to repeal certain duties and responsibilities of the Budgetary Responsibility Oversight Committee; 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 1373 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 Bill of the House was taken up for the purpose of considering the Senate substitute thereto: 5308 JOURNAL OF THE HOUSE 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. The following Senate substitute was read: A BILL To amend Chapter 14 of Title 10 of the Official Code of Georgia Annotated, relating to cemetery and funeral services, Code Section 36-72-2 of the Official Code of Georgia Annotated, relating to definitions relating to abandoned cemeteries and burial grounds, and Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for definitions; to provide for certain requirements for preneed dealers relating to escrow accounts; to provide for powers under Chapter 14 of Title 10; to provide for certain license requirements prior to selling burial rights or merchandise; to provide for certain fees; to regulate the profession of cemeterians; 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 14 of Title 10 of the Official Code of Georgia Annotated, relating to cemetery and funeral services, is amended by striking paragraphs (2), (3), and (27) of Code Section 10-14-3, relating to definitions, and inserting in their place new paragraphs (2), (3) and (27) to read as follows: "(2) 'Board' means the State Board of Funeral Service Cemeterians as described and authorized in Chapter 18 8B of Title 43. (3) 'Burial merchandise,' 'funeral merchandise,' or 'merchandise' means any personal property offered or sold by any person for use in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains, including without limitation a mausoleum, cremation urn, cremation bench, cremation marker, or cremorial." "(27) 'Outer burial container' or 'vault' means an enclosure into which a casket is placed and includes, but is not limited to, containers made of concrete, steel, fiberglass, copper or other metals, polypropolene, sectional concrete enclosures, and crypts, and wooden enclosures." THURSDAY, MARCH 30, 2006 5309 SECTION 2. Said chapter is further amended in said Code Section 10-14-3, relating to definitions, by inserting a new paragraph to be designated paragraph (32.1) to read as follows: "(32.1) 'Principal' means a sum set aside or escrowed exclusive of income or interest or other return thereon." SECTION 2A. Said chapter is further amended by inserting following Code Section 10-14-3 a new Code section to read as follows: "10-14-3.1. The board shall have all administrative powers and other powers necessary to carry out the provisions of this chapter, including the authority to promulgate rules and regulations, and the Secretary of State shall delegate to the board all such duties otherwise entrusted to the Secretary of State; provided, however, that the Secretary of State shall have sole authority over matters relating to the regulation of funds, trust funds, and escrow accounts and accounting and investigations concerning such matters." SECTION 3. Said chapter is further amended by striking paragraph (1) of subsection (d) of Code Section 10-14-7, relating to preneed escrow accounts, and inserting a new paragraph (1) and a new subsection to be designated subsection (e.1) to read as follows: "(d)(1) Funds may shall be released from the escrow account when the burial or funeral merchandise is delivered at the time of need or to the purchaser at the purchaser's request or, in the case of a monument, attached to realty, or at such times as described in the rules and regulations promulgated by the Secretary of State, not exceeding the lesser of 30 days from receipt of application for release or the time within which a preneed dealer is required by law to provide a refund to a purchaser. A preneed dealer is prohibited from requiring preneed delivery to the consumer as a condition of the sale. Outer burial containers may not be delivered prior to need. Deposits made from funds received in payment of preneed services shall remain in the escrow account until such services are performed, at which time said funds may be released to the preneed dealer. The trustee may require certification by the preneed dealer of delivery of merchandise or performance of services before release of funds." "(e.1) In the case of release of escrowed funds to a purchaser at the purchaser's request pursuant to paragraph (1) of subsection (d) of this Code section, a sum not less than the lesser of 10 percent of the escrowed amount or one-half of the interest earned upon such funds as of the date of release, as provided by the Secretary of State by rule or regulation, may be retained by the preneed dealer as administrative costs." SECTION 4. Said chapter is further amended by striking Code Section 10-14-10, relating to minimum acreage for cemeteries and exceptions, and inserting in lieu thereof the following: 5310 JOURNAL OF THE HOUSE "10-14-10. (a) Except as otherwise provided in subsections (b) and (c) of this Code section, every cemetery initially registered according to the provisions of this chapter on or after July 1, 2000 1998, shall consist of not less than ten acres of land. (b) The following cemeteries shall not be subject to the requirement of subsection (a) of this Code section: (1) All cemeteries registered according to this chapter prior to August 1, 1986; or (2) Cemeteries initially registered on or after August 1, 1986, but before July 1, 2000 1998, which shall consist of not less than 25 acres of land, except for cemeteries subject to a provision of previous law, which allowed cemeteries consisting of not less than ten acres of land dedicated solely for burial purposes and located in counties having a population of less than 10,000 according to the United States decennial census of 1990 or any future such census. (c) The Secretary of State may provide by rule or regulation for a smaller minimum size for a cemetery which consists solely of one or more columbaria." SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 10-14-14, relating to administration of chapter and rules and regulations, and inserting in its place a new subsection (a) to read as follows: "(a) The administration of the provisions of this chapter shall be vested in the Secretary of State, who may delegate such of his or her powers and duties under this chapter to a subordinate of the office as he or she shall deem appropriate." SECTION 6. Said chapter is further amended by adding a new subsection (j) and by striking paragraph (7) of subsection (a), paragraph (2) of subsection (c), paragraph (2) of subsection (d), and subsection (h) of Code Section 10-14-17, relating to enumeration of prohibited acts, and inserting in their respective places the following: "(7) To sell, offer to sell, solicit offers to buy, or otherwise engage in the sale of funeral services if such person is not a licensed funeral director; or (7.1) To sell, offer to sell, solicit offers to buy, or otherwise engage in the sale of burial rights or burial merchandise if such person is not registered pursuant to the provisions of this chapter; or" "(2) Charge a fee for the installation of merchandise purchased or obtained from and to be installed by a person or firm other than the cemetery company or its agents, provided that the cemetery owner may charge a fee not to exceed $50.00 $125.00 to reimburse the cemetery owner for its actual reasonable costs incurred in assisting in the siting of a monument on the lot on which it is to be installed, supervision and inspection of the installation to ensure compliance with the rules and regulations of the cemetery, and any administrative functions associated with the installation; provided, further, any such fee is properly disclosed and published as required by this THURSDAY, MARCH 30, 2006 5311 chapter and charged regardless of whether the installer is or is not the cemetery owner or affiliated therewith;" "(2) Charges paid for transferring burial rights from one purchaser to another; however, no such fee may exceed $50.00 $75.00 and such fee must have been disclosed in writing to the owner at the time of the initial purchase of the burial right from the cemetery;" "(h) The contract rights of any purchaser of preneed merchandise shall be freely transferable without fee except as provided in this chapter." "(j) The fees set forth in this Code section shall be annually adjusted to the rate of change in the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. The Secretary of State shall adopt such adjustments to the amount of said fees by rule." SECTION 7. Code Section 36-72-2 of the Official Code of Georgia Annotated, relating to definitions relative to abandoned cemeteries and burial grounds, is amended by striking in its entirety paragraph (5) and inserting in lieu thereof the following: "(5) 'Cemetery' or 'cemeteries' means any land or structure in this state dedicated to and used, or intended to be used, for interment of human remains. It may be either a burial park for earth interments or a mausoleum for vault or crypt interments or a combination of one or more thereof." SECTION 8. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter to be designated Chapter 8B to read as follows: "CHAPTER 8B 43-8B-1. This chapter shall be known and may be cited as the 'Georgia Cemeterians Board Act.' 43-8B-2. As used in this chapter, the term: (1) 'Board' means the State Board of Cemeterians established by this chapter. (2) 'Cemeterian' means a person registered as a cemetery owner pursuant to Chapter 14 of Title 10 or a cemetery manager. (3) 'Cemetery' means a cemetery as defined in Chapter 14 of Title 10. 43-8B-3. The practice of the profession of a cemeterian, as defined in this chapter, is declared to be a business or profession affecting the public interest and involving the health and safety of the public. 5312 JOURNAL OF THE HOUSE 43-8B-4. There shall be established in the Office of the Secretary of State the State Board of Cemeterians to be constituted as provided in this chapter with the powers, duties, and authority vested in such board by this chapter. 43-8B-5. (a) The board shall consist of six members who shall be practicing cemeterians with a minimum of five years of registration as such in this state immediately preceding their appointment and one member who shall have no connection whatsoever with the cemetery profession but who shall have a recognized interest in consumer affairs and in consumer protection concerns. (b) The members of the board shall be appointed by the Governor for terms of office of six years and all vacancies occurring on the board shall be filled by the Governor. When an appointment is made to fill a vacancy caused by death or resignation of a member, such appointment shall be for the remainder of the unexpired term of the member whose death or resignation caused the vacancy so filled. (c) A majority of the members of the board may remove any member who misses three or more consecutive regular meetings of the board without a medical reason and may declare that position on the board to be vacant. A member so removed shall not be eligible for reappointment until the expiration of the term of office for which such person was serving. The Governor shall have the power to remove from office any member of the board for willful neglect of duty or for conviction of a crime involving moral turpitude. 43-8B-6. (a) The board shall each year elect from its members a president whose term shall be one year and who shall serve during the period for which elected and until a successor shall be elected. (b) The board shall meet at least yearly and more often as the proper and efficient discharge of its duties may require. (c) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (d) No inspector shall own, operate, or be employed by any cemetery or perform any services on behalf thereof. 43-8B-7. For the purpose of better protection of life and health the board is authorized: (1) To fix and prescribe minimum standards of general appearance of cemeteries; (2) To undertake such other duties and to exercise such other powers as may from time to time be prescribed by law; (3) To adopt a common seal; and (4) To make and promulgate rules and regulations not inconsistent with the laws of this state for the regulation of such board and pursuant to the provisions of Chapter 14 THURSDAY, MARCH 30, 2006 5313 of Title 10. All rules and regulations of the Secretary of State promulgated pursuant to the authority of Chapter 14 of Title 10 and existing immediately prior to July 1, 2006, which are not inconsistent with this chapter shall continue in effect until repealed, amended, or otherwise changed by the board." SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Representative Rogers of the 26th moved that the House agree to the Senate substitute to HB 910. 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 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 Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan N Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Floyd, J Y Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Graves, T Y Greene Y Hanner Harbin Y Hatfield Heard, J Y Heard, K Y Heckstall Hembree Henson Y Hill, C Y Hill, C.A Holmes Y Holt Y Horne N Houston Y Howard, E Y Hudson N Hugley Y Jackson Y Jacobs 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 N 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 McCall McClinton Y Meadows Y Millar 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 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 Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B E Smith, L E Smith, P Y Smith, R Y Smith, T Y Smith, V E 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 Williams, E Y Williams, R Wix Y Yates Richardson, Speaker 5314 JOURNAL OF THE HOUSE On the motion, the ayes were 144, nays 7. The motion prevailed. Representative Dean of the 59th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 1187. By Representatives Willard of the 49th, Geisinger of the 48th, Lindsey of the 54th, Holmes of the 61st, Burkhalter of the 50th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to provide for an additional county classification for appraisal staff purposes; to change certain provisions regarding composition and duties of county appraisal staffs; to change certain provisions regarding designation and duties of chief appraisers; to change certain provisions regarding selection of the chairperson of the board of tax assessors; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate has disagreed to the House substitute to the following bill of the Senate: SB 64. By Senator Douglas of the 17th: A BILL to be entitled an Act to amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to repeal the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes thereto: THURSDAY, MARCH 30, 2006 5315 HB 1177. By Representatives Smith of the 129th, Graves of the 12th, Smith of the 13th, Channell of the 116th, Wix of the 33rd and others: A BILL to be entitled an Act to amend Code Section 32-2-60 of the Official Code of Georgia Annotated, relating to Department of Transportation construction contracts, so as to provide for bonding amounts for certain projects; 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 32-2-60 of the Official Code of Georgia Annotated, relating to Department of Transportation construction contracts, so as to provide for bonding amounts for certain projects; 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 32-2-60 of the Official Code of Georgia Annotated, relating to Department of Transportation construction contracts, is amended by inserting after subsection (d) thereof a new subsection (e) to read as follows: "(e) When the estimated amount of any department construction contract exceeds $300 million, performance and payment bonds shall be required in the amount of at least the total amount payable by the terms of the contract unless the department, after public notice, makes a written determination supported by specific findings that single bonds in such amount are not reasonably available, and the board approves such determination in a public meeting. In such event, the estimated value of the construction portion of the contract, excluding right of way acquisition and engineering, shall be guaranteed by a combination of security including, but not limited to the following: (1) Payment, performance, surety, cosurety, or excess layer surety bonds; (2) Letters of credit; (3) Guaranties of the contractor or its parent companies; (4) Obligations of the United States and of its agencies and instrumentalities; or (5) Cash collateral. (6) Provided however that the aggregate total guarantee of the project may not use a corporate guarantee of more than 35%. The combination of such guarantees shall be determined at the discretion of the department, subject to the approval of the board; provided, however, that such aggregate guarantees shall include not less than $300 million of performance and payment bonds and shall equal not less than 100 percent of the contractor's obligation 5316 JOURNAL OF THE HOUSE under the construction portion of the contract. Payment guarantees approved pursuant to this subsection shall be deemed to satisfy the requirements of Code Section 13-1061. Contractors requesting payment under construction contracts guaranteed pursuant to this subsection shall provide the following certification under oath with each such request: 'All payments due to subcontractors and suppliers from previous payment received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification.'" 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 Smith of the 129th moved that the House agree to the Senate substitute to HB 1177. 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 Y Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Y Byrd Carter Y Casas Y Chambers Y Channell Y Cheokas 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 Everson 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 Harbin Y Hatfield Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y 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 E Smith, L E Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Warren Watson Y Wilkinson Y Willard THURSDAY, MARCH 30, 2006 5317 Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Heard, J Y Heard, K Y Heckstall Hembree Y Henson Y Hill, C Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Williams, A Williams, E Y Williams, R Wix Yates Richardson, Speaker On the motion, the ayes were 154, nays 1. The motion prevailed. HB 1302. By Representatives Casas of the 103rd, Fleming of the 117th, Everson of the 106th, Coan of the 101st, Reese of the 98th and others: A BILL to be entitled an Act to provide for public safety measures for and from young people; to amend Chapter 15 of Title 16 of the O.C.G.A., the "Georgia Street Gang Terrorism and Prevention Act," so as to change certain definitions; to change certain provisions relating to the prohibition against participation in criminal street gang activity; to provide for enhanced penalties for participation in criminal street gang activity; to provide for the admissibility of certain evidence at trial; to amend Title 20 of the O.C.G.A., relating to education, so as to change certain provisions relating to failure to leave school premises after being requested to leave; to change certain provisions relating to check-in requirements and exceptions; to provide for related matters; 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 To provide for public safety measures for and from young people; to amend Chapter 15 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Street Gang Terrorism and Prevention Act," so as to change certain definitions; to change certain provisions relating to the prohibition against participation in criminal street gang activity; to provide for enhanced penalties for participation in criminal street gang activity; to provide for the admissibility of certain evidence at trial; to provide for the Criminal Street Gang Reward Fund administered by the Prosecuting Attorney's Council; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to failure to leave school premises after being requested to leave; to change certain provisions relating to check-in requirements and exceptions; to provide for disclosure of campus policemen's records; to provide for related matters; to amend Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to 5318 JOURNAL OF THE HOUSE rewards for the detection or apprehension of perpetrators of felonies, so as to remove certain limitations with respect to the offering of such rewards by the governing authority of a county or municipality; to provide for applicability; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 15 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Street Gang Terrorism and Prevention Act," is amended by striking in its entirety Code Section 16-15-3, relating to definitions, and inserting in lieu thereof the following: "16-15-3. As used in this chapter, the term: (1) 'Criminal gang activity' means the commission, attempted commission, conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit any of the following offenses on or after July 1, 2006: (A) Any offense defined as racketeering activity by Code Section 16-14-3; (B) Any offense defined in Article 7 of Chapter 5 of this title, relating to stalking; (C) Any offense defined in Code Section 16-6-1 as rape, 16-6-2 as aggravated sodomy, 16-6-3 as statutory rape, or 16-6-22.2 as aggravated sexual battery; (D) Any offense defined in Article 3 of Chapter 10 of this title, relating to escape and other offenses related to confinement; (E) Any offense defined in Article 4 of Chapter 11 of this title, relating to dangerous instrumentalities and practices; (F) Any offense defined in Code Section 42-5-15, 42-5-16, 42-5-17, 42-5-18, or 425-19, relating to the security of state or county correctional facilities; (G) Any offense defined in Code Section 49-4A-11, relating to aiding or encouraging a child to escape from custody; (H) Any offense of criminal trespass or criminal damage to property resulting from any act of gang related painting on, tagging, marking on, writing on, or creating any form of graffiti on the property of another; (I) Any criminal offense committed in violation of the laws of the United States or its territories, dominions, or possessions, any of the several states, or any foreign nation which, if committed in this state, would be considered criminal gang activity under this Code section; and (J) Any criminal offense in the State of Georgia, any other state, or the United States that involves violence, possession of a weapon, or use of a weapon, whether designated as a felony or not, and regardless of the maximum sentence that could be imposed or actually was imposed. (1)(2) 'Criminal street gang' means any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in a pattern of criminal gang activity as defined in paragraph (2)(1) of this Code section. The existence of such organization, association, or group of individuals associated in THURSDAY, MARCH 30, 2006 5319 fact may be established by evidence of a common name or common identifying signs, symbols, tattoos, graffiti, or attire or other distinguishing characteristics. Such term shall not include three or more persons, associated in fact, whether formal or informal, who are not engaged in criminal gang activity. (2) 'Pattern of criminal gang activity' means the commission, attempted commission, conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit at least two of the following offenses, provided that at least one of these offenses occurred after July 1, 1998, and the last of such offenses occurred within three years, excluding any periods of imprisonment, of prior criminal gang activity: (A) Any offense defined as racketeering activity by Code Section 16-14-3; (B) Any offense defined in Article 7 of Chapter 5 of this title, relating to stalking; (C) Any offense defined in Code Section 16-6-1 as rape, 16-6-2 as aggravated sodomy, 16-6-3 as statutory rape, or 16-6-22.2 as aggravated sexual battery; (D) Any offense defined in Article 3 of Chapter 10 of this title, relating to escape and other offenses related to confinement; (E) Any offense defined in Article 4 of Chapter 11 of this title, relating to dangerous instrumentalities and practices; (F) Any offense defined in Code Section 42-5-15, 42-5-16, 42-5-17, 42-5-18, or 425-19, relating to the security of state or county correctional facilities; and (G) Any offense defined in Code Section 49-4A-11, relating to aiding or encouraging a child to escape from custody." SECTION 2. Said chapter is further amended by striking in its entirety Code Section 16-15-4, relating to the prohibition against participation in criminal street gang activity, and inserting in lieu thereof the following: "16-15-4. (a) It shall be unlawful for any person employed by or associated with a criminal street gang to conduct or participate in such criminal street gang activity through a pattern of criminal gang activity the commission of any offense enumerated in paragraph (1) of Code Section 16-15-3. (b) It shall be unlawful for any person employed by or associated with a criminal street gang to commit any offense enumerated in paragraph (1) of Code Section 16-15-3 with knowledge that members of such criminal street gang have committed one or more of such offenses. (c) It shall be unlawful for any person to commit any offense enumerated in paragraph (1) of Code Section 16-15-3 with the intent to maintain or increase his or her status or position in a criminal street gang. (d) It shall be unlawful for any person to acquire or maintain, directly or indirectly, through a pattern of criminal gang activity or proceeds derived therefrom any interest in or control of any real or personal property of any nature, including money. (c)(e) It shall be unlawful for any person who occupies a position of organizer, supervisory position, or any other position of management with regard to a criminal 5320 JOURNAL OF THE HOUSE street gang to engage in, directly or indirectly, or conspire to engage in a pattern of criminal gang activity. (d)(f) It shall be unlawful for any person to cause, encourage, solicit, or coerce another to participate in a criminal street gang. (e)(g) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to deter such person from assisting a member or associate of a criminal street gang to withdraw from such criminal street gang. (f)(h) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to punish or retaliate against such person for having withdrawn from a criminal street gang. (g)(i)(1) Any person who violates subsection (a), (b), (c), or (b) (d) of this Code section shall, in addition to any other penalty imposed by law, be punished by imprisonment for not less than three five nor more than 15 years or by a fine of not less than $5,000.00 $10,000.00 nor more than $10,000.00 $15,000.00, or both. (2) Any person who violates subsection (c)(e) of this Code section may, in addition to any other penalty provided by law, be punished by imprisonment for an additional ten years which shall be served consecutively to any other sentence imposed on such person by law. (3) Any person who violates subsection (d), (e), or (f), (g), or (h) of this Code section shall, in addition to any other penalty provided by law, be punished by imprisonment for not less than one three nor more than ten years. (h)(j) Any crime committed in violation of this Code section shall be considered a separate offense." SECTION 3. Said chapter is further amended by inserting at the end thereof the following: "16-15-9. The commission of any offense enumerated in paragraph (1) of Code Section 16-15-3 by any member of a criminal street gang shall be admissible in any trial or proceeding for the purpose of proving the existence of the criminal street gang and criminal gang activity. 16-15-10. There shall be established as part of the Prosecuting Attorney's Council the Criminal Street Gang Reward Fund. The chief of police, sheriff, or chairperson of any county governing authority may request the posting of up to $5,000.00 reward for information leading to the arrest and conviction of any person involved in criminal street gang activity that leads to the death or maiming of another person or property damage in the amount of $2,500.00 or more." THURSDAY, MARCH 30, 2006 5321 SECTION 4. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking subsections (b) and (c) of Code Section 20-2-1180 and inserting in lieu thereof new subsections (b), (c), and (c.1) to read as follows: "(b) Any person who shall not have any: (1) Is legitimate cause or need to be present upon the premises or within the school safety zone of any public or private school in this state who shall willfully fail and willfully fails to remove himself or herself from such premises after the principal or designee of such school shall request requests him or her to do so; or (2) Fails to check in at the designated location as required by subsection (c) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature. (c) Upon entering any elementary or secondary school building between the official starting time and the official dismissal time, any person who is not a student at such school, an employee of the school or school system, a school board member, an approved volunteer following the established guidelines of the school, or a person who has been invited to or otherwise authorized to be at the school by a principal, teacher, counselor, or other authorized employee of the school shall check in at the designated location as stated on posted signs and provide a reason for his or her presence at the school. Failure to check in at the designated location as provided in this subsection shall be prima-facie evidence that such person is in violation of subsection (b) of this Code section. (c.1) Subsections (b) and (c) of this Code section This subsection shall not apply to law: (1) Law enforcement officers, firefighters, emergency medical technicians or paramedics, or any public safety or emergency management officials in the performance of an emergency call or to other persons making authorized deliveries to the school. This subsection shall not apply to any; (2) Any person entering a school which on election day, for purposes of voting, when the school serves as an official polling place for the purpose of voting on election day; or (3) Any person attending or participating in an academic or athletic event while remaining in the authorized area or a parent, grandparent, or guardian listed on a child's pick-up list who fails to sign-in while delivering school supplies, food, clothing, other legitimate business and who has not previously been sanctioned by school officials for disrupting a school." SECTION 5. Said title is further amended by adding a new Code Section 20-8-7 to read as follows: "20-8-7. Law enforcement records created, received, or maintained by campus policemen that relate to the investigation of criminal conduct and crimes as defined under Georgia law and which are not subject to protection from disclosure by any other Georgia law shall 5322 JOURNAL OF THE HOUSE be made available within a reasonable time after request for public inspection and copying." SECTION 6. Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for the detection or apprehension of perpetrators of felonies, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: "(b) The Governor and any county or municipal governing authority shall, in their discretion, offer and cause to be paid rewards for the detection or apprehension of the perpetrator of any felony committed within this state, such reward not to exceed the sum of $1,000.00 in felonies not capital, including arson, and not to exceed the sum of $10,000.00 in capital felonies and arson; provided, however, that the governing authority of a county or municipality may offer and pay such a reward only in cases in which the Governor has first offered a reward and, in such cases, the amount offered by any local governing authority shall not exceed the aggregate amount of $25,000.00." SECTION 7. This section and Sections 6 and 8 of this Act shall become effective upon their approval by the Governor or upon their becoming law without such approval. The remaining sections of this Act shall become effective on July 1, 2006, and shall apply to all crimes committed on or after such date. Any offense committed before July 1, 2006, shall be punishable as provided by the statute in effect at the time the offense was committed. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Representative Casas of the 103rd moved that the House agree to the Senate substitute to HB 1302. On the motion, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Black N Bordeaux Borders Y Bridges Y Brooks Y Brown Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart England N Epps Y Everson Y Fleming Y Floyd, H Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson N Hugley N Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J E Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris N Mosby Y Mosley Mumford Y Murphy, J Y Murphy, Q Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Sims, F Sinkfield Y Smith, B E Smith, L E Smith, P Y Smith, R Y Smith, T Y Smith, V THURSDAY, MARCH 30, 2006 5323 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 Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox 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 Heard, J N Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Jones, S Y Jordan Keen Y Keown N Kidd Y Knight 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 Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders E Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Thomas, B Y Tumlin Y Walker Warren Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 135, nays 12. 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. HR 1548. By Representatives Rynders of the 152nd and Hanner of the 148th: A RESOLUTION commemorating the accomplishments of Mrs. Ida Chambers and dedicating Chambers Crossing; and for other purposes. The following Senate substitute was read: A RESOLUTION Dedicating certain portions of the state highway system; to provide for related matters; and for other purposes. PART I WHEREAS, Ida Chambers was born in Miller County, Georgia, on February 25, 1922; and WHEREAS, she was one of the charter supporters of the Lee County Chamber of Commerce; and 5324 JOURNAL OF THE HOUSE WHEREAS, she was instrumental in obtaining the first satellite office for voter registration in Lee County; and WHEREAS, she was a charter organizer of the Lee Medical Arts and Albany Primary Healthcare medical facilities and has made many trips to Atlanta and Washington, D.C., lobbying for health care in the rural areas of south Georgia; and WHEREAS, Ida was the third woman in Georgia to serve on an electric membership cooperative board, and she has served as secretary/treasurer on the board of Sumter EMC for 25 years; and WHEREAS, she is now serving on the Lee County Utility Authority over Water and Sewage and has served for nine years; and WHEREAS, she represents Lee County on the Housing Authority Board; and WHEREAS, she has served as the choir director and treasurer of Kinchafoonee Baptist Church, and she is a former Lee County Chamber of Commerce Woman of the Year and Ambassador of the Year; and WHEREAS, with the help of her husband, Bill Chambers, Sr., Ida was a driving force in the creation of the Lee County Volunteer Fire Department; and WHEREAS, Mrs. Ida Chambers has been a major contributor to the quality of life in Lee County for many years and has devoted countless hours in public service, and, therefore, it is only fitting that an intersection in Lee County should be named in her honor. PART II WHEREAS, Mr. James G. Crayton, Sr., started his career as a surveyor with the Georgia Department of Transportation on January 1, 1947, after serving three years in the United States Navy; and WHEREAS, a dedicated and trusted employee, he served in this capacity in Barnesville, Griffin, and Thomaston, where he was promoted to the position of Professional Bridge Engineer; and WHEREAS, Mr. Crayton retired from the department in Atlanta in 1975 as Professional Bridge Engineer and Bridge Inspector after 35 years of exemplary service; and WHEREAS, bridges were Mr. Crayton's passion, and his work has been the subject of many civil engineering classes at various universities throughout the State of Georgia; and THURSDAY, MARCH 30, 2006 5325 WHEREAS, at one time, Mr. Crayton had designed and built more bridges throughout Georgia than any other engineer; and WHEREAS, Mr. Crayton was a loving husband, father, grandfather, and member of the Zebulon community; and WHEREAS, as James G. Crayton, Sr., was a dedicated engineer and public servant for the Department of Transportation, it is only fitting that a bridge should be named in his honor. PART III WHEREAS, on March 10, 2006, the State of Georgia lost one of its finest and most promising citizens with the untimely passing of Thomas McRae Hamilton Robinson; and WHEREAS, this exceptional individual was a member of Vineville United Methodist Church and attended Stratford Academy where he was in the eighth grade and a member of the marching band; and WHEREAS, Tommy lived every day with a warm smile on his face and with a desire to make everyone else's day a little bit better; and WHEREAS, his many talents, his remarkable patience and diplomacy, his keen sense of vision, his warmth and kindness, and his acute sensitivity to the needs of people earned him the respect and admiration of his classmates and everyone with whom he came in contact; and WHEREAS, the passing of this fun loving, bright, and talented young man leaves an unfillable void in the hearts and lives of his family and friends; and WHEREAS, the achievements, accomplishments, and life of this outstanding young man should be recognized and remembered. PART IV NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of U.S. Route 19 with Century Road in Lee County is dedicated as Chambers Crossing. BE IT FURTHER RESOLVED that the bridge on State Route 18 across Elkins Creek in Zebulon, Georgia, is dedicated as the James G. Crayton, Sr. Memorial Bridge. BE IT FURTHER RESOLVED that the portion of Zebulon Road (SR 1104 TA) from the I-475 Bridge to Forsyth Road in Bibb County be dedicated as the Tommy Robinson Memorial Parkway. 5326 JOURNAL OF THE HOUSE BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain signs identifying the highway facilities dedicated in this resolution. 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, Mrs. Ida Chambers, the family of Tommy Robinson, and the family of Mr. James G. Crayton, Sr. Representative Rynders of the 152nd moved that the House agree to the Senate substitute to HR 1548. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux 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 Coan Y Cole Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Horne Y Houston Y Howard, E Hudson Y Hugley Y Jackson Y Jacobs 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 Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin E Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar 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 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 Sims, F Sinkfield Y Smith, B E Smith, L E Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Stanley-Turner Y Stephens 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 Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker THURSDAY, MARCH 30, 2006 5327 On the motion, the ayes were 148, nays 0. The motion prevailed. HB 184. By Representatives Scott of the 153rd, Heard of the 104th, Geisinger of the 48th and Powell of the 29th: A BILL to be entitled an Act to amend Code Section 43-41-3 of the Official Code of Georgia Annotated, relating to creation of State Licensing Board for Residential and General Contractors, so as to change the manner of appointment of members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to provide certain requirements relating to eye care and treatment; to provide for certain requirements relating to contact lenses; 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions, is amended by adding a new chapter to read as follows: "CHAPTER 29A 43-29A-1. As used in this chapter, the term: (1) 'Alternative channels of distribution' means any mail-order company, Internet retailer, pharmacy, buying club, department store, or mass merchandise outlet without regard to whether it is associated with a prescriber unless the account meets the definition of a competitor as provided for in paragraph (2) of this Code section. (2) 'Competitor' means an entity that manufacturers contact lenses and sells those lenses within this state in direct competition with any other manufacturer. (3) 'Manufacturer' means the manufacturer, its parents, subsidiaries, affiliates, successors, and assigns. (4) 'Prescriber' means an individual licensed or authorized to prescribe contact lenses under the laws of this state. 5328 JOURNAL OF THE HOUSE 43-29A-2. (a) Beginning July 1, 2006, a manufacturer of contact lenses doing business in the state shall certify by affidavit to the Attorney General those brands of contact lenses produced, marketed, distributed, or sold by the manufacturer in the state that are made available in a commercially reasonable and nondiscriminatory manner to: (1) Prescribers; (2) Entities associated with prescribers; and (3) Alternative channels of distribution. (b) Notwithstanding any other provision of law, a manufacturer shall only sell, market, or distribute lenses in Georgia that have been certified under subsection (a) of this Code section. (c) Subsections (a) and (b) of this Code section do not apply to: (1) Rigid gas permeable lenses; (2) Bitoric gas permeable lenses; (3) Bifocal gas permeable lenses; (4) Keratoconus lenses; (5) Custom soft toric lenses that are manufactured for an individual patient and are not mass marketed or mass produced; or (6) Custom designed lenses that are manufactured for an individual patient and are not mass marketed or mass produced. (d) Any time a brand ceases to be made available after July 1, 2006, the manufacturer shall immediately certify that fact by affidavit to the Attorney General. (e) Nothing in this Code section shall be construed to require a prescriber to stock, sell, or prescribe any specific type brand or specific manufacturer's line of contact lenses. 43-29A-3. Nothing in Code Section 43-29A-2 is intended to require a manufacturer to: (1) Sell to a competitor; (2) Sell contact lenses to different contact lens distributors or customers at the same price; (3) Open or maintain an account for a contact lens seller who is not in substantial compliance with Georgia and federal law regarding the sale of contact lenses; (4) Decide whether a low volume account with a contact lens seller is a direct account or handled through a distributor; or (5) Sell to customers in all geographic areas lenses that are being test marketed on a limited basis in one geographic area. 43-29A-4. (a) A knowing and intentional violation of Code Section 43-29A-2 shall constitute a misdemeanor. (b) The Attorney General may bring a civil action or seek an injunction or both against any person, entity, or manufacturer who violates the provisions of Code Section 4329A-2." THURSDAY, MARCH 30, 2006 5329 SECTION 2. A new section Chapter 14 of Title 43 to read: No partnership or limited liability corporation may engage in the business of heat and air until regularly connected to a partnership or corporation actually engaged in the performance of the business and who has valid license. They shall be authorized to continue upon the death of the person holding that license for (180) following such death. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Burkhalter of the 50th moves to amend the Senate substitute to HB 184 as amended by the Senate by striking in their entirety line 1 of page 1 through line 12 of page 3 and inserting in lieu thereof the following: To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize partners, officers, and employees of an individual licensee to engage in the business of conditioned air contracting upon the licensee's death for 180 days; to change certain provisions relating to creation of the State Licensing Board for Residential and General Contractors, membership, divisions, vacancies, qualifications, terms, and meetings; to change certain provisions relating to appointment of members, chairperson, meetings and quorums, and assistance from professional licensing boards division; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking subsection (h) of Code Section 43-14-8, relating to licensing required for electrical, plumbing, or conditioned air contracting, and inserting a new subsection (h) to read as follows: "(h) No partnership, limited liability company, or corporation shall have the right to engage in the business of conditioned air contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons actually engaged in the performance of such business on a full-time basis who have valid licenses issued to them as provided for in this chapter; provided, however, that partners, officers, and employees of the individual who fulfilled the licensing requirements shall continue to be authorized to engage in the business of conditioned air contracting under a license which was valid at the time of the licensee's death for a period of 90 180 days following the date of such death." 5330 JOURNAL OF THE HOUSE SECTION 2. Said title is further amended by striking Code Section 43-41-3, relating to creation of the State Licensing Board for Residential and General Contractors, membership, divisions, vacancies, qualifications, terms, and meetings, and inserting in lieu thereof the following: "43-41-3. (a) There is created the State Licensing Board for Residential and General Contractors consisting of 14 15 members, 14 of whom shall be appointed by the Governor for fiveyear terms and one of whom shall be appointed by the Speaker of the House of Representatives for a five-year term. The board shall be assigned to the Secretary of State's office for administrative purposes and shall be under the jurisdiction of the division director and shall operate in accordance with and pursuant to the provisions of Chapter 1 of this title, as applicable. The board shall be comprised of two divisions: the residential contractor division, having jurisdiction of and authority over the two subcategories of residential contracting, residential-basic contractors and residentiallight commercial contractors, and the general contractor division. Seven Eight members shall be appointed and serve as members of the residential contractor division of the board and seven members shall be appointed and serve as members of the general contractor division of the board. Members shall serve until the expiration of their respective terms and until their successors are appointed and qualified. Vacancies occurring during a term shall be filled by appointment of the Governor for the remainder of the unexpired term and such replacement shall meet the requirements and criteria of selection of the person previously holding the vacant position. To be eligible to serve on the respective divisions of the board, each contractor member shall be and remain actively involved in the construction contracting business and shall have been so engaged for a period of not less than five consecutive years before the date of appointment in the particular contracting business, as a residential contractor or general contractor, corresponding to the division for which such person is appointed. Any contractor members whose term continues after or who are appointed to terms commencing two years from the date that this chapter becomes effective must also have been licensed and certified by the respective division of the board to operate as a contractor in the category to which the member is appointed. The position of any appointive member of the board who, during his or her term of appointment, shall cease to meet the qualifications for original appointment shall be immediately vacated. No member of the board shall be appointed to serve more than two full terms. (b) The residential contractor division shall consist of seven eight members and, except as otherwise expressly stated in this chapter, shall have jurisdiction of and authority over the practice of the two subcategories of residential contracting, residential-basic contractors and residential-light commercial contractors. Five Six members shall be residential contractors eligible for licensure under this chapter. Effective July 1, 2007, all residential contractor members shall be required to be licensed under this chapter. At least two one of the residential contractor members shall be qualified to perform residential-light commercial type projects; three shall be qualified and shall predominantly perform residential-basic type projects; one shall be a residential THURSDAY, MARCH 30, 2006 5331 contractor whose business predominately involves remodeling projects; one shall be a residential contractor who constructs at least an average of 20 residences per year; and all must be geographically diverse. One member shall be a public building official and one member shall be a public member. The public member shall have no ties with the residential construction industry and shall represent the interests of the public at large. The initial member terms on the residential contractor division shall be staggered so that all terms do not expire simultaneously. Three members shall serve initial terms of five years, three members shall serve initial terms of four years, and one member shall serve an initial term of three years, and one member shall serve an initial term of one year. The residential contractor division shall meet at least six times each year for the purpose of transacting such business as may properly come before it. (c) The general contractor division shall consist of seven members and, except as otherwise expressly stated in this chapter, shall have jurisdiction of and authority over the practice of general contracting. Five members shall be general contractors eligible for licensure under this chapter. Effective July 1, 2007, all general contractor members shall be required to be licensed under this chapter. At least two of the general contractor members shall be small-volume builders with an annual contracting volume of less than $5 million and all of whom must be geographically diverse. One member shall be a currently licensed or registered architect or engineer and one member shall be a public building official. The initial member terms on the general contractor division shall be staggered so that all terms do not expire simultaneously. Three members, including at least two contractor members, shall serve initial terms of five years; three members, including at least two contractor members, shall serve initial terms of four years; and one member shall serve an initial term of three years. The general contractor division shall meet at least six times each year for the purpose of transacting such business as may properly come before it." SECTION 3. Said title is further amended by striking subsection (a) of Code Section 43-41-4, relating to appointment of members, chairperson, meetings and quorums, and assistance from professional licensing boards division, and inserting in lieu thereof the following: "(a) The initial members of the board shall be appointed no later than July 1, 2005 2006. The board shall meet within 30 days after its appointment at a time and place to be designated by the Governor and organize by electing a chairperson and a vice chairperson, each to serve for a one-year term." SECTION 4.. Representative Scott of the 153rd moved that the House agree to the Senate substitute, as amended by the House, to HB 184. On the motion, the roll call was ordered and the vote was as follows: 5332 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 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 Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Floyd, J Fludd Forster 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 Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs 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 Manning Y Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 Sailor Y Scheid Y Scott, A Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Sims, F Y Sinkfield Y Smith, B E Smith, L E Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Warren Y Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 153, nays 0. The motion prevailed. HB 1157. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th and Fleming of the 117th: 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 change certain provisions regarding income tax credits for employers providing approved retraining programs; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue THURSDAY, MARCH 30, 2006 5333 commissioner; to provide an effective date; to provide for 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 change certain provisions regarding income tax credits for employers providing approved retraining programs; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to change certain provisions regarding the limited duration sales and use tax exemption for jet fuel sold to or used by certain qualifying airlines; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-7-40.5, relating to tax credits for employers providing approved retraining programs, and inserting in its place a new Code Section 48-7-40.5 to read as follows: "48-7-40.5. (a) As used in this Code section, the term: (1) 'Approved retraining' means employer provided or employer sponsored retraining that meets the following conditions: (A) It enhances the functional skills of employees otherwise unable to function effectively on the job due to skill deficiencies or who would otherwise be displaced because such skill deficiencies would inhibit their utilization of new technology; (B) It is approved and certified by the Department of Technical and Adult Education; and (C) The employer does not require the employee to make any payment for the retraining, either directly or indirectly through use of forfeiture of leave time, vacation time, or other compensable time. (2) 'Cost of retraining' means direct instructional costs as defined by the Department of Technical and Adult Education including instructor salaries, materials, supplies, and textbooks but specifically excluding costs associated with renting or otherwise securing space. (3) 'Employee' means any employee resident in this state who is employed for at least 25 hours a week, who has been continuously employed by the employer for at least 16 consecutive weeks. (4) 'Employer' means any employer upon whom an income tax is imposed by this chapter. 5334 JOURNAL OF THE HOUSE (5) 'Employer provided' refers to approved retraining offered on the premises of the employer or on premises approved by the Department of Technical and Adult Education by instructors hired by or employed by an employer. (6) 'Employer sponsored' refers to a contractual arrangement with a school, university, college, or other instructional facility which offers approved retraining that is paid for by the employer. (7) 'Qualifying airline' means any employer 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. (b) A tax credit shall be granted to an employer who provides or sponsors an approved retraining program. The amount of the tax credit shall be equal to one-half of the costs of retraining per full-time employee, or $500.00 per full-time employee, whichever is less, for each employee who has successfully completed an approved retraining program. No employer may receive a credit if the employer requires that the employee reimburse or pay the employer for the cost of retraining. (c)(1) Except as provided in paragraph (2) of this subsection, any Any tax credit claimed under this Code section for any taxable year beginning on or after January 1, 1998, but not used for any such taxable year may be carried forward for ten years from the close of the taxable year in which the tax credit was granted. The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to this Code section. (2) With respect to a qualifying airline any tax credit claimed under this Code section for any taxable year beginning on or after January 1, 1998, but not used for any such taxable year may be carried forward for 15 years from the close of the taxable year in which the tax credit was granted. The tax credit granted to any qualifying airline pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to this Code section. (d) To be eligible to claim the credit granted under this Code section, the employer must certify to the department the name of the employee, the course work successfully completed by such employee, the name of the provider of the approved retraining, and such other information as may be required by the department to ensure that credits are only granted to employers who provide or sponsor approved retraining pursuant to this Code section and that such credits are only granted to employers with respect to employees who successfully complete such approved retraining. The department shall adopt rules and regulations and forms to implement this credit program. The department is expressly authorized and directed to work with the Department of Technical and Adult Education to ensure the proper granting of credits pursuant to this Code section. (e) The Department of Technical and Adult Education is expressly authorized and directed to establish such standards as it deems necessary and convenient in approving THURSDAY, MARCH 30, 2006 5335 employer provided and employer sponsored retraining programs. In establishing such standards, the Department of Technical and Adult Education shall establish required hours of classroom instruction, required courses, certification of teachers or instructors, progressive levels of instruction, and standardized measures of employee evaluation to determine successful completion of a course of study. (f) The commissioner shall promulgate such rules and regulations as are necessary to implement and administer this Code section." SECTION 2. Said title is further amended in Code Section 48-8-3, relating to exemptions from sales and use taxation, by striking paragraph (33.1) and inserting in its place a new paragraph (33.1) to read as follows: "(33.1)(A) The sale or use of jet fuel to or by a qualifying airline, to the extent provided in subparagraphs (B) and (C) of this paragraph. (B)(i)(I) For each fiscal year beginning after June 30, 2005, and ending prior to July 1, 2006,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. (i)(II) For each fiscal year beginning after June 30, 2006, each qualifying airline shall pay the first $10 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 exemptions 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 $10 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. 5336 JOURNAL OF THE HOUSE (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 3. This Act shall become effective July 1, 2006. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Burkhalter of the 50th moves to amend the Senate substitute to HB 1157 by striking lines 20 and 21 of page 3 and inserting in their place the following: (f) In the case of a qualifying airline: (1) Any tax credits with respect to retraining approved by the Department of Technical and Adult Education on or before December 31, 2001, which have been claimed for a taxable year ending on or before December 31, 2001, and which are available to be carried forward to a taxable year ending after December 31, 2001, may be taken as a credit against a qualifying airline's quarterly or monthly payment required to be made under Code Section 48-7-103 on or after January 1, 2006. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayer's election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. Nothing in this subsection shall be construed to allow a credit to be utilized beyond the 15-year period during which a credit may be carried forward under paragraph (2) of subsection (c) of this Code section; and (2) Each employee whose employer receives credit against such qualifying airline's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits THURSDAY, MARCH 30, 2006 5337 against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. (g) The commissioner shall promulgate such rules and regulations as are necessary to implement and administer this Code section." Representative Burkhalter of the 50th moved that the House agree to the Senate substitute, as amended by the House, to HB 1157. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Borders Y Bridges Y Brooks Y Brown 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 Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar 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 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 E Smith, L E Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre 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 Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 161, nays 0. 5338 JOURNAL OF THE HOUSE The motion prevailed. The following Bill, having been previously considered, was again taken up for the purpose of considering the Senate amendment thereto: HB 343. By Representatives Borders of the 175th, Black of the 174th, Shaw of the 176th and Houston of the 170th: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Valdosta State University's Peach State Summer Theatre as Georgia's Official Musical Theatre; to repeal conflicting laws; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 343 by inserting after "Theatre;" on line 3 of page 1 the following: to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for home study students in public universities; to provide for applicability; By inserting between lines 20 and 21 of page 2 the following: SECTION 2A. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by inserting a new Code section to read as follows: "20-3-66.1. (a) A member institution of the University System of Georgia shall consider for admission an applicant to the institution as an undergraduate student on the same basis as any other student if the applicant has completed a home study program and meets the residency requirements of the board of regents and if: (1) The applicant's scores on one or more nationally recognized admissions tests are commensurate with those of entering freshmen in the institution; and (2) The applicant's scores on the institution's entrance or placement examinations would allow the student to be placed in freshman-level, nonremedial classes. (b) The board of regents is authorized to adopt rules and regulations relating to the operation of admissions programs under this Code section. (c) This Code section shall apply to all applicants on and after the effective date of this Code section." Representative Borders of the 175th moved that the House disagree to the Senate amendment to HB 343. THURSDAY, MARCH 30, 2006 5339 The motion prevailed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 1290. By Representatives Hill of the 180th, Lewis of the 15th, Lane of the 167th and Lane of the 158th: A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit the intentional sale or fraudulent transfer or use of the records of a customer of a telephone service provider; to provide a short title; to provide for a fine, imprisonment of not more than ten years, or both; to exempt law enforcement agencies; to provide definitions; to provide a legislative purpose; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate recedes from its disagreement to the House substitute to the following resolution of the Senate: SR 823. By Senators Grant of the 25th, Stephens of the 27th, Thomas of the 54th, Golden of the 8th, Williams of the 19th and others: A RESOLUTION authorizing the conveyance of certain state owned real property located in Appling County, Georgia; Baldwin and Wilkinson County, Georgia; Bibb County, Georgia; Bulloch County, Georgia; Emanuel County, Georgia; Fannin County, Georgia; Forsyth County, Georgia; Gilmer County, Georgia; Gwinnett County, Georgia; Lowndes County, Georgia; Screven County, Georgia; Terrell County, Georgia; Whitfield County, Georgia; 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: 5340 JOURNAL OF THE HOUSE SB 334 Do Pass, as Amended Respectfully submitted, /s/ Smith of the 168th Chairman The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has agreed to the House substitute to the following bill of the Senate: SB 664. By Senator Pearson of the 51st: A BILL to be entitled an Act to create the Pickens County Airport 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 prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for conditions for issuance; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate has disagreed to the House substitute to the following bill of the Senate: SB 572. By Senators Goggans of the 7th, Stephens of the 27th, Williams of the 19th, Douglas of the 17th, Pearson of the 51st and others: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to establish and define a crime of medical assistance managed care fraud; to change certain provisions relating to administrative hearings and appeals; to provide for related matters; to provide for an effective date; 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: THURSDAY, MARCH 30, 2006 5341 HB 1216. By Representatives Freeman of the 140th, Rice of the 51st, Porter of the 143rd, Talton of the 145th, Byrd of the 20th and others: 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 allow the use of properly equipped all-terrain vehicles by law enforcement agencies; 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: Carter of the 13th, Chance of the 16th, and Seabaugh of the 28th. The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 1392. By Representatives Hembree of the 67th, Rice of the 51st, Murphy of the 23rd and Yates of the 73rd: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide for certain penalties for a driver who commits a right of way violation resulting in a collision with a motorcyclist, pedestrian, or bicyclist; to provide for related matters; 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 1008. By Representative Carter of the 159th: A BILL to be entitled an Act to amend Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Hospice Law," so as to provide that palliative care may be provided under hospice to patients with advanced and progressive diseases with a life expectancy of more than six months; to revise certain definitions relating to hospice care; to provide for construction; 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 1162. By Representatives Fleming of the 117th, Ralston of the 7th, Everson of the 106th, Knox of the 24th and Setzler of the 35th: 5342 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Community Affairs, so as to require the Department of Community Affairs to investigate and refer for prosecution cases of Section 8 housing fraud and abuse; to provide for administrative and civil remedies; to provide for pretrial diversion under certain circumstances for persons accused of Section 8 fraud or abuse; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1399. By Representative Ralston of the 7th: A BILL to be entitled an Act to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that a magistrate's salary may be waived under certain circumstances; to provide that monthly contingent expenses maybe waived under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate insists on its substitute to the following bill of the House: HB 941. By Representatives Benton of the 31st, England of the 108th, Bearden of the 68th, Mosley of the 178th, Maddox of the 172nd and others: 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. 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 941. By Representatives Benton of the 31st, England of the 108th, Bearden of the 68th, Mosley of the 178th, Maddox of the 172nd and others: 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 THURSDAY, MARCH 30, 2006 5343 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. Representative Benton of the 31st moved that the House insist on its position in disagreeing to the Senate substitute to HB 941 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 Benton of the 31st, England of the 108th, and Mills of the 25th. 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 382. By Senators Harp of the 29th and Hill of the 32nd: A BILL to be entitled an Act to amend Titles 5, 7, and 19 of the O.C.G.A., relating respectively to appeal and error, banking and finance, and domestic relations, so as to change provisions relating to the calculation of child support; to clarify the direct appeal process in certain domestic relations cases; to clarify the calculation of the amount of interest on arrearage of child support; to clarify definitions; to provide guidelines for determining the amount of child support to be paid; to change provisions relating to guidelines for calculating child support; to reorganize Code Section 19-6-15, relating to guidelines for calculating child support, to provide more clarity on the application of such child support; to allow a jury to determine deviations; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and withdrawn: A BILL To amend Titles 5, 7, and 19 of the Official Code of Georgia Annotated, relating respectively to appeal and error, banking and finance, and domestic relations, so as to change provisions relating to the calculation of child support; to clarify the appeal 5344 JOURNAL OF THE HOUSE process in certain domestic relations cases; to clarify the calculation of the amount of interest on arrearage of child support; to clarify definitions; to provide guidelines for determining the amount of child support to be paid; to change provisions relating to guidelines for calculating child support; to reorganize Code Section 19-6-15, relating to guidelines for calculating child support, to provide more clarity on the application of such child support; to allow a jury to determine deviations; to provide calculation of parenting time; to provide for definitions; to provide for headings to better structure the Code section; to provide for the Child Support Obligation Table; to change certain provisions relating to the duties of the Georgia Child Support Commission; to correct crossreferences; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, and inserting in lieu thereof the following: "5-6-34. (a) Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the constitutional city courts, and such other courts or tribunals from which appeals are authorized by the Constitution and laws of this state: (1) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35; (2) All judgments involving applications for discharge in bail trover and contempt cases; (3) All judgments or orders directing that an accounting be had; (4) All judgments or orders granting or refusing applications for receivers or for interlocutory or final injunctions; (5) All judgments or orders granting or refusing applications for attachment against fraudulent debtors; (5.1) Any ruling on a motion which would be dispositive if granted with respect to a defense that the action is barred by Code Section 16-11-184; (6) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (7) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; and (8) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will; and (9) All final judgments of child support." THURSDAY, MARCH 30, 2006 5345 SECTION 2. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking in its entirety Code Section 7-4-12.1, relating to interest on arrearage of child support, and inserting in lieu thereof the following: "7-4-12.1. (a) All awards of child support expressed in monetary amounts shall accrue interest at the rate of 7 percent per annum commencing 30 days from the day such award or payment is due. This Code section shall apply to all awards, court orders, decrees, and judgments rendered pursuant to Title 19. It shall not be necessary for the party to whom the child support is due to reduce any such award to judgment in order to recover such interest. The court shall have discretion in applying or waiving past due interest. In determining whether to apply, waive, or reduce the amount of interest owed, the Court shall consider whether: (1) Good cause existed for the nonpayment of the child support; (2) Payment of the interest would result in substantial and unreasonable hardship for the parent owing the interest; (3) Applying, waiving, or reducing the interest would enhance or detract from the parent's current ability to pay child support, including the consideration of the regularity of payments made for current child support of those dependents for whom support is owed; and (4) The waiver or reduction of interest would result in substantial and unreasonable hardship to the parent to whom interest is owed. (b) This Code section shall not be construed to abrogate the authority of a IV-D agency to waive, reduce, or negotiate a settlement of unreimbursed public assistance in accordance with subsection (b) of Code Section 19-11-5." SECTION 3. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking subsection (c) of Code Section 19-5-12, relating to form of judgment and decree in divorce actions, and inserting in lieu thereof a new subsection (c) to read as follows: "(c) In any case which involves the determination of child support, the form of the judgment shall also include provisions indicating both parties incomes parents income, the number of children for which support is being provided, the presumptive amount of child support award calculation, and, if the presumptive award amount of child support is rebutted, the award amount and the basis for the rebuttal award. The final judgment shall have attached to it the child support worksheet containing the calculation of the final award of child support and Schedule E pertaining to deviations. The final judgment shall specify a sum certain amount of child support to be paid." SECTION 4. Said title is further amended by striking in its entirety Code Section 19-6-15, relating to guidelines for calculating child support, and inserting in lieu thereof a new Code Section 19-6-15 to read as follows: 5346 JOURNAL OF THE HOUSE "19-6-15. (a) Definitions. As used in this Code section, the term: (1) 'Adjusted Child Support Obligation' means the Basic Child Support Obligation adjusted by the Parenting Time Adjustment, if applicable, Health Insurance, and Work Related Child Care Costs. (2) 'Adjusted Income' means the determination of a Parent's income, calculated by deducting from that Parent's Gross Income one-half of the amount of any applicable self-employment taxes being paid by the Parent, any Preexisting Order for current child support which is being paid by the Parent, and any Theoretical Child Support Order for other Qualified Children, if allowed by the Court. For further reference see paragraph (5) of subsection (f) of this Code section. (3) 'Basic Child Support Obligation' means the amount of support displayed on the Child Support Obligation Table which corresponds to the Combined Adjusted Income of the Custodial Parent and the Noncustodial Parent and the number of children for whom child support is being determined. This amount is rebuttably presumed to be the appropriate amount of child support to be provided by the Custodial Parent and the Noncustodial Parent prior to consideration of percentage of income, Parenting Time Adjustments, Health Insurance, Work Related Child Care Costs, and Deviations. (4) 'Child' means child or children. (5) 'Child Support Enforcement Agency' means the Child Support Enforcement Agency within the Department of Human Resources. (6) 'Child Support Obligation Table' means the chart which displays the dollar amount of the Basic Child Support Obligation corresponding to various levels of Combined Adjusted Income of the children's Parents and the number of children for whom a child support order is being established or modified. The Child Support Obligation Table shall be used to calculate the Basic Child Support Obligation according to the provisions of this Code section. For further reference see subsections (n) and (o) of this Code section. (7) 'Combined Adjusted Income' means the amount of Adjusted Income of the Custodial Parent added to the amount of Adjusted Income of the Noncustodial Parent. (8) 'Court' means a judge of any Court of record or an administrative law judge of the Office of State Administrative Hearings. (9) 'Custodial Parent' means the Parent with whom the Child resides more than 50 percent of the time. Where a Custodial Parent has not been designated or where a Child resides with both Parents an equal amount of time, the Court shall designate the Custodial Parent as the Parent with the lesser support obligation and the other Parent as the Noncustodial Parent. Where the Child resides equally with both Parents and neither Parent can be determined as owing a greater amount than the other, the Court shall determine which Parent to designate as the Custodial Parent for the purpose of this Code section. THURSDAY, MARCH 30, 2006 5347 (10) 'Deviation' means an increase or decrease from the Presumptive Amount of Child Support if the presumed order is rebutted by evidence and the required findings of fact are made by the Court pursuant to subsection (i) of this Code section. (11) 'Final Child Support Order' means the Presumptive Amount of Child Support adjusted by any Deviations. (12) 'Gross Income' means all income to be included in the calculation of child support as set forth in subsection (f) of this Code section. (13) 'Health Insurance' means any general health or medical policy. For further reference see paragraph (2) of subsection (h) of this Code section. (14) 'Noncustodial Parent' means the Parent with whom the Child resides less than 50 percent of the time or the Parent who has the greater payment obligation for child support. Where the Child resides equally with both Parents and neither Parent can be determined as owing a lesser amount than the other, the Court shall determine which Parent to designate as the Noncustodial Parent for the purpose of this Code section. (15) 'Nonparent Custodian' means an individual who has been granted legal custody of a Child, or an individual who has a legal right to seek, modify, or enforce a child support order. (16) 'Parent' means a person who owes a Child a duty of support pursuant to Code Section 19-7-2. (17) 'Parenting Time Adjustment' means an adjustment to the Noncustodial Parent's portion of the Basic Child Support Obligation based upon the Noncustodial Parent's court ordered visitation with the Child. For further reference see subsection (g) of this Code section. (18) 'Preexisting Order' means: (A) An order in another case that requires a Parent to make child support payments for another Child, which child support the Parent is actually paying, as evidenced by documentation as provided in division (f)(5)(B)(iii) of this Code section; and (B) That the date of filing of the initial order for each such other case is earlier than the date of filing of the initial order in the case immediately before the Court, regardless of the age of any Child in any of the cases. (19) 'Presumptive Amount of Child Support' means the Basic Child Support Obligation and the Parenting Time Adjustment, if applicable, Health Insurance, and Work Related Child Care Costs. (20) A 'Qualified Child' or 'Qualified Children' means any Child: (A) For whom the Parent is legally responsible and in whose home the Child resides; (B) That the Parent is actually supporting; (C) Who is not subject to a Preexisting Child Support Order; and (D) Who is not before the Court to set, modify, or enforce support in the case immediately under consideration. Qualified Children shall not include stepchildren or other minors in the home that the Parent has no legal obligation to support. 5348 JOURNAL OF THE HOUSE (21) 'Split Parenting' can occur in a child support case only if there are two or more children of the same Parents, where one Parent is the Custodial Parent for at least one Child of the Parents, and the other Parent is the Custodial Parent for at least one other Child of the Parents. In a Split Parenting case, each Parent is the Custodial Parent of any Child spending more than 50 percent of the time with that Parent and is the Noncustodial Parent of any Child spending more than 50 percent of the time with the other Parent. A Split Parenting situation shall have two Custodial Parents and two Noncustodial Parents, but no Child shall have more than one Custodial Parent or Noncustodial Parent. (22) 'Theoretical Child Support Order' means a hypothetical child support order for Qualified Children calculated as set forth in subparagraph (f)(5)(C) of this Code section which allows the Court to determine the amount of child support as if a child support order existed. (23) 'Uninsured Health Care Expenses' means a Child's uninsured medical expenses including, but not limited to, Health Insurance copayments, deductibles, and such other costs as are reasonably necessary for orthodontia, dental treatment, asthma treatments, physical therapy, vision care, and any acute or chronic medical or health problem or mental health illness, including counseling and other medical or mental health expenses, that are not covered by insurance. For further reference see paragraph (3) of subsection (h) of this Code section. (24) 'Work Related Child Care Costs' means expenses for the care of the Child for whom support is being determined which are due to employment of either Parent. In an appropriate case, the Court may consider the child care costs associated with a Parent's job search or the training or education of a Parent necessary to obtain a job or enhance earning potential, not to exceed a reasonable time as determined by the Court, if the Parent proves by a preponderance of the evidence that the job search, job training, or education will benefit the Child being supported. The term shall be projected for the next consecutive 12 months and averaged to obtain a monthly amount. For further reference see paragraph (1) of subsection (h) of this Code section. (25) 'Worksheet' or 'Child Support Worksheet' means the Worksheet used to record information necessary to determine and calculate child support. In Child Support Enforcement Agency cases in which neither Parent prepared a Worksheet, the Court may rely solely on the Worksheet prepared by the Child Support Enforcement Agency as a basis for its order. For further reference see subsection (m) of this Code section. (b) Process of calculating child support. Pursuant to this Code section, the determination of child support shall be calculated as follows: (1) Determine the Gross Income of both the Custodial Parent and the Noncustodial Parent. This may include imputed income, if applicable. The determination of Gross Income shall be entered on the Child Support Schedule A Gross Income; (2) Adjust each Parent's Gross Income by deducting the following from the Parents Gross Income, and entering it on the Child Support Schedule B Adjusted Income if any of the following apply: THURSDAY, MARCH 30, 2006 5349 (A) One-half of the amount of self-employment taxes; (B) Preexisting Orders; and (C) Theoretical Child Support Order for Qualified Children, if allowed by the Court; (3) Add each Parent's Adjusted Income together to compute the Combined Adjusted Income; (4) Locate the Basic Child Support Obligation by referring to the Child Support Obligation Table. Using the figure closest to the amount of the Combined Adjusted Income, locate the monthly amount of the Basic Child Support Obligation in the column underneath the number of children for whom support is being determined. If the monthly Combined Adjusted Income falls between the amounts shown in the table, then the Basic Child Support Obligation shall be based on the income bracket most closely matched to the monthly Combined Adjusted Income; (5) Calculate the pro rata share of the Basic Child Support Obligation for the Custodial Parent and the Noncustodial Parent by dividing the Combined Adjusted Income into each Parent's Adjusted Income to arrive at each Parent's pro rata percentage of the Basic Child Support Obligation; (6) Make the Parenting Time Adjustment, if applicable, to the Basic Child Support Obligation based upon the calculation of the Noncustodial Parent's court ordered visitation with the Child. The Parenting Time Adjustment shall be entered on the Child Support Schedule C Parenting Time Adjustment; (7) Find the Adjusted Child Support Obligation amount by adding the additional expenses of the costs of Health Insurance and Work Related Child Care Costs, prorating such expenses in accordance with each Parent's pro rata share of the obligation and adding such expenses to the pro rata share of the obligation. The monthly cost of health insurance premiums and Work Related Child Care Costs shall be entered on the Child Support Schedule D Additional Expenses. The pro rata share of the Basic Child Support Obligation and the pro rata share of the combined additional expenses shall be added together to create the Adjusted Child Support Obligation; (8) Determine the Presumptive Amount of Child Support for the Custodial Parent and the Noncustodial Parent resulting in a sum certain single payment due to the Custodial Parent by assigning or deducting credit for actual payments for Health Insurance and Work Related Child Care Costs; (9) In accordance with subsection (i) of this Code section, deviations subtracted from or increased to the Presumptive Amount of Child Support are applied, if applicable, and if supported by the required findings of fact and application of the best interest of the child standard. The proposed Deviations shall be entered on the Child Support Schedule E Deviations. In the Court's or the jury's discretion, Deviations may include, but are not limited to, the following: (A) High income; (B) Low income; (C) Other health related insurance; 5350 JOURNAL OF THE HOUSE (D) Child and dependent care tax credit; (E) Travel expenses; (F) Alimony; (G) Mortgage; (H) Permanency plan or foster care plan; (I) Extraordinary expenses; and (J) Nonspecific deviations; (10) The Final Child Support Order shall be the Presumptive Amount of Child Support as increased or decreased by Deviations. The final child support amount for each Parent shall be entered on the Child Support Worksheet, together with the information from each of the utilized schedules; (11) In addition, the Parents shall allocate the Uninsured Health Care Expenses which shall be based on the pro rata responsibility of the Parents or as otherwise ordered by the Court. Each Parent's pro rata responsibility for Uninsured Health Care Expenses shall be entered on the Child Support Worksheet; and (12) In a Split Parenting case, there shall be a separate calculation and Final Child Support Order for each Parent. (c) Applicability and required findings. (1) The child support guidelines contained in this Code section are a minimum basis for determining the amount of child support and shall apply as a rebuttable presumption in all legal proceedings involving the child support responsibility of a Parent. This Code section shall be used when the Court enters a temporary or permanent child support order in a contested or noncontested hearing. The rebuttable Presumptive Amount of Child Support provided by this Code section may be increased according to the best interest of the Child for whom support is being considered, the circumstances of the parties, the grounds for Deviation set forth in subsection (i) of this Code section, and to achieve the state policy of affording to children of unmarried Parents, to the extent possible, the same economic standard of living enjoyed by children living in intact families consisting of Parents with similar financial means. (2) The provisions of this Code section shall not apply with respect to any divorce case in which there are no minor children, except to the limited extent authorized by subsection (e) of this Code section. In the final judgment or decree in a divorce case in which there are minor children, or in other cases which are governed by the provisions of this Code section, the Court shall: (A) Specify in what sum certain amount and from which Parent the Child is entitled to permanent support as determined by use of the Worksheet; (B) Specify as required by Code Section 19-5-12 in what manner, how often, to whom, and until when the support shall be paid; (C) Include a written finding of the Parent's Gross Income as determined by the Court or the jury; (D) Determine whether Health Insurance for the Child involved is reasonably available at a reasonable cost to either Parent. If the Health Insurance is reasonably THURSDAY, MARCH 30, 2006 5351 available at a reasonable cost to the Parent, then the Court may order that the Child be covered under such Health Insurance; (E) Include written findings of fact as to whether one or more of the Deviations allowed under this Code section are applicable, and if one or more such Deviations are applicable as determined by the Court or the jury, the written findings of fact shall further set forth: (i) The reasons the Court or the jury deviated from the Presumptive Amount of Child Support; (ii) The amount of child support that would have been required under this Code section if the Presumptive Amount of Child Support had not been rebutted; and (iii) A finding that states how the Court's or the jury's application of the child support guidelines would be unjust or inappropriate considering the relative ability of each Parent to provide support and how the best interest of the Child who is subject to the child support determination is served by Deviation from the Presumptive Amount of Child Support; (F) Specify the amount of the Noncustodial Parent's Parenting Time Units as set forth in the order of visitation; and (G) Specify the percentage of Uninsured Health Care Expenses for which each Parent shall be responsible. (3) When child support is ordered, the party who is required to pay the child support shall not be liable to third persons for necessaries furnished to the Child embraced in the judgment or decree. In all cases, the parties shall submit to the Court their Worksheets and schedules and the presence or absence of other factors to be considered by the Court pursuant to the provisions of this Code section. (4) In any case in which the Gross Income of the Custodial Parent and the Noncustodial Parent is determined by a jury, the Court shall charge the provisions of this Code section applicable to the determination of Gross Income. The jury shall be required to return a special interrogatory determining Gross Income. Based upon the jury's verdict as to Gross Income, the Court shall determine the Presumptive Amount of Child Support in accordance with the provisions of this Code section. The Court shall inform the jury of the Presumptive Amount of Child Support and the identity of the Custodial and Noncustodial Parents. In the final instructions to the jury, the Court shall charge the provisions of this Code section applicable to the determination of Deviations and the jury shall be required to return a special interrogatory as to Deviations and the final award of child support. The Court shall include its findings and the jury's verdict on the Child Support Worksheet in accordance with this Code section and Code Section 19-5-12. (5) Nothing contained within this Code section shall prevent the parties from entering into an enforceable agreement contrary to the Presumptive Amount of Child Support which may be made the order of the Court pursuant to review by the Court of the adequacy of the child support amounts negotiated by the parties, including the provision for medical expenses and Health Insurance; provided, however, that if the agreement negotiated by the parties does not comply with the provisions contained in 5352 JOURNAL OF THE HOUSE this Code section and does not contain findings of fact as required to support a Deviation, the Court shall reject such agreement. (6) In any case filed pursuant to Chapter 11 of this title, relating to the 'Child Support Recovery Act,' the 'Uniform Reciprocal Enforcement of Support Act,' or the 'Uniform Interstate Family Support Act,' the Court shall make all determinations of fact, including Gross Income and Deviations, and a jury shall not hear any issue related to such cases. (d) Nature of guidelines; Court's discretion. In the event of a hearing or trial on the issue of child support, the guidelines enumerated in this Code section are intended by the General Assembly to be guidelines only and any Court so applying these guidelines shall not abrogate its responsibility in making the final determination of child support based on the evidence presented to it at the time of the hearing or trial. (e) Duration of child support responsibility. The duty to provide support for a minor Child shall continue until the Child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs; provided, however, that, in any temporary, final, or modified order for child support with respect to any proceeding for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the Court, in the exercise of sound discretion, may direct either or both Parents to provide financial assistance to a Child who has not previously married or become emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such financial assistance shall not be required after a Child attains 20 years of age. The provisions for child support provided in this subsection may be enforced by either Parent, by any Nonparent Custodian, by a guardian appointed to receive child support for the Child for whose benefit the child support is ordered, or by the Child for whose benefit the child support is ordered. (f) Gross Income. (1) Inclusion to Gross Income. (A) Attributable income. Gross Income of each Parent shall be determined in the process of setting the Presumptive Amount of Child Support and shall include all income from any source, before deductions for taxes and other deductions such as Preexisting Orders for child support and credits for other Qualified Children, whether earned or unearned, and includes, but is not limited to, the following: (i) Salaries; (ii) Commissions, fees, and tips; (iii) Income from self-employment; (iv) Bonuses; (v) Overtime payments; (vi) Severance pay; (vii) Recurring income from pensions or retirement plans including, but not limited to, Veterans Administration, Railroad Retirement Board, Keoghs, and individual retirement accounts; (viii) Interest income; THURSDAY, MARCH 30, 2006 5353 (ix) Dividend income; (x) Trust income; (xi) Income from annuities; (xii) Capital gains; (xiii) Disability or retirement benefits that are received from the Social Security Administration pursuant to Title II of the federal Social Security Act; (xiv) Workers compensation benefits, whether temporary or permanent; (xv) Unemployment insurance benefits; (xvi) Judgments recovered for personal injuries and awards from other civil actions; (xvii) Gifts that consist of cash or other liquid instruments, or which can be converted to cash; (xviii) Prizes; (xix) Lottery winnings; (xx) Alimony or maintenance received from persons other than parties to the proceeding before the Court; and (xxi) Assets which are used for the support of the family. (B) Self-employment income. Income from self-employment includes income from, but not limited to, business operations, work as an independent contractor or consultant, sales of goods or services, and rental properties, less ordinary and reasonable expenses necessary to produce such income. Income from selfemployment, rent, royalties, proprietorship of a business, or joint ownership of a partnership, limited liability company, or closely held corporation is defined as gross receipts minus ordinary and necessary expenses required for self-employment or business operations. Ordinary and reasonable expenses of self-employment or business operations necessary to produce income do not include: (i) Excessive promotional, travel, vehicle, or personal living expenses, depreciation on equipment, or costs of operation of home offices; or (ii) Amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses, investment tax credits, or any other business expenses determined by the Court or the jury to be inappropriate for determining Gross Income. In general, income and expenses from self-employment or operation of a business should be carefully reviewed by the Court or the jury to determine an appropriate level of Gross Income available to the Parent to satisfy a child support obligation. Generally, this amount will differ from a determination of business income for tax purposes. (C) Fringe benefits. Fringe benefits for inclusion as income or 'in kind' remuneration received by a Parent in the course of employment, or operation of a trade or business, shall be counted as income if the benefits significantly reduce personal living expenses. Such fringe benefits might include, but are not limited to, use of a company car, housing, or room and board. Basic allowance for housing and subsistence and variable housing allowances for members of the armed services 5354 JOURNAL OF THE HOUSE shall be considered income for the purposes of determining child support. Fringe benefits do not include employee benefits that are typically added to the salary, wage, or other compensation that a Parent may receive as a standard added benefit, including, but not limited to, employer paid portions of Health Insurance premiums or employer contributions to a retirement or pension plan. (D) Variable income. Variable income such as commissions, bonuses, overtime pay, and dividends shall be averaged by the Court or the jury over a reasonable period of time consistent with the circumstances of the case and added to a Parent's fixed salary or wages to determine Gross Income. When income is received on an irregular, nonrecurring, or one-time basis, the Court or the jury may, but is not required to, average or prorate the income over a reasonable specified period of time or require the Parent to pay as a one-time support amount a percentage of his or her nonrecurring income, taking into consideration the percentage of recurring income of that Parent. (2) Exclusions from Gross Income. Excluded from Gross Income are the following: (A) Child support payments received by either Parent for the benefit of a Child of another relationship; (B) Benefits received from means-tested public assistance programs such as, but not limited to: (i) PeachCare for Kids Program, temporary assistance for needy families, or similar programs in other states or territories under Title IV-A of the federal Social Security Act; (ii) Food stamps or the value of food assistance provided by way of electronic benefits transfer procedures by the Department of Human Resources; (iii) Supplemental security income received under Title XVI of the federal Social Security Act; (iv) Benefits received under Section 402(d) of the federal Social Security Act for disabled adult children of deceased disabled workers; and (v) Low income heating and energy assistance program payments; and (C) A Nonparent Custodian's Gross Income. (3) Social Security benefits. (A) Benefits received under Title II of the federal Social Security Act by a Child on the obligor's account shall be counted as child support payments and shall be applied against the Final Child Support Order to be paid by the obligor for the Child. (B) After calculating the obligor's Gross Income, including the countable Social Security benefits as specified in division (1)(A)(xiii) of this subsection, and after calculating the amount of child support, if the Presumptive Amount of Child Support is greater than the Social Security benefits paid on behalf of the Child on the obligor's account, the obligor shall be required to pay the amount exceeding the Social Security benefit as part of the Final Child Support Order in the case. (C) After calculating the obligor's Gross Income, including the countable Social Security benefits as specified in division (1)(A)(xiii) of this subsection, and after THURSDAY, MARCH 30, 2006 5355 calculating the amount of child support, if the Presumptive Amount of Child Support is equal to or less than the Social Security benefits paid to the Nonparent Custodian or Custodial Parent on behalf of the Child on the obligor's account, the child support responsibility of that Parent is met and no further child support shall be paid. (D) Any benefit amounts under Title II of the federal Social Security Act as determined by the Social Security Administration sent to the Nonparent Custodian or Custodial Parent by the Social Security Administration for the Child's benefit which are greater than the Final Child Support Order shall be retained by the Nonparent Custodian or Custodial Parent for the Child's benefit and shall not be used as a reason for decreasing the Final Child Support Order or reducing arrearages. (E) The Court shall make a written finding of fact in the Final Child Support Order regarding the use of Social Security benefits in the calculation of the child support. (4) Reliable evidence of income. (A) Imputed income. When establishing the amount of child support, if a Parent fails to produce reliable evidence of income, such as tax returns for prior years, check stubs, or other information for determining current ability to pay child support or ability to pay child support in prior years, and the Court or the jury has no other reliable evidence of the Parent's income or income potential, Gross Income for the current year shall be determined by imputing Gross Income based on a 40 hour workweek at minimum wage. (B) Modification. When cases with established orders are reviewed for modification and a Parent fails to produce reliable evidence of income, such as tax returns for prior years, check stubs, or other information for determining current ability to pay child support or ability to pay child support in prior years, and the Court has no other reliable evidence of that Parent's income or income potential, the Court may enter an order to increase the child support of the Parent failing or refusing to produce evidence of income by an increment of at least 10 percent per year of that Parent's pro rata share of the Basic Child Support Obligation for each year since the Final Child Support Order was entered or last modified. (C) Rehearing. If income is imputed pursuant to subparagraph (A) of this paragraph, the party believing the income of the other party is higher than the amount imputed may provide within 90 days, upon motion to the Court, evidence necessary to determine the appropriate amount of child support based upon reliable evidence. A hearing shall be scheduled after the motion is filed. The Court may increase, decrease, or the amount of current child support may remain the same from the date of filing of either Parent's initial filing or motion for reconsideration. While the motion for reconsideration is pending, the obligor shall be responsible for the amount of child support originally ordered. Arrearages entered in the original child support order based upon imputed income shall not be forgiven. When there is reliable evidence to support a motion for reconsideration of the amount of income imputed, the party shall not be required to demonstrate the existence of a significant 5356 JOURNAL OF THE HOUSE variance or other such factors required for modification of an order pursuant to subsection (k) of this Code section. (D) Willful or voluntary unemployment or underemployment. In determining whether a Parent is willfully or voluntarily unemployed or underemployed, the Court or the jury shall ascertain the reasons for the Parent's occupational choices and assess the reasonableness of these choices in light of the Parent's responsibility to support his or her Child and whether such choices benefit the Child. A determination of willful or voluntary unemployment or underemployment shall not be limited to occupational choices motivated only by an intent to avoid or reduce the payment of child support but can be based on any intentional choice or act that affects a Parent's income. In determining willful or voluntary unemployment or underemployment, the Court may examine whether there is a substantial likelihood that the Parent could, with reasonable effort, apply his or her education, skills, or training to produce income. Specific factors for the Court to consider when determining willful or voluntary unemployment or underemployment include, but are not limited to: (i) The Parent's past and present employment; (ii) The Parent's education and training; (iii) Whether unemployment or underemployment for the purpose of pursuing additional training or education is reasonable in light of the Parent's responsibility to support his or her Child and, to this end, whether the training or education may ultimately benefit the Child in the case immediately under consideration by increasing the Parent's level of support for that Child in the future; (iv) A Parent's ownership of valuable assets and resources, such as an expensive home or automobile, that appear inappropriate or unreasonable for the income claimed by the Parent; (v) The Parent's own health and ability to work outside the home; and (vi) The Parent's role as caretaker of a Child of that Parent, a disabled or seriously ill Child of that Parent, or a disabled or seriously ill adult Child of that Parent, or any other disabled or seriously ill relative for whom that Parent has assumed the role of caretaker, which eliminates or substantially reduces the Parent's ability to work outside the home, and the need of that Parent to continue in the role of caretaker in the future. When considering the income potential of a Parent whose work experience is limited due to the caretaker role of that Parent, the Court shall consider the following factors: (I) Whether the Parent acted in the role of full-time caretaker immediately prior to separation by the married parties or prior to the divorce or annulment of the marriage or dissolution of another relationship in which the Parent was a fulltime caretaker; (II) The length of time the Parent staying at home has remained out of the workforce for this purpose; (III) The Parent's education, training, and ability to work; and THURSDAY, MARCH 30, 2006 5357 (IV) Whether the Parent is caring for a Child who is four years of age or younger. If the Court or the jury determines that a Parent is willfully or voluntarily unemployed or underemployed, child support shall be calculated based on a determination of earning capacity, as evidenced by educational level or previous work experience. In the absence of any other reliable evidence, income may be imputed to the Parent pursuant to a determination that Gross Income for the current year is based on a 40 hour workweek at minimum wage. A determination of willful and voluntary unemployment or underemployment shall not be made when an individual is activated from the National Guard or other armed forces unit or enlists or is drafted for full-time service in the armed forces of the United States. (5) Adjustments to Gross Income. (A) Self-Employment. One-half of the self-employment and Medicare taxes shall be calculated as follows: (i) Six and one-quarter percent of self-employment income up to the maximum amount to which federal old age, survivors, and disability insurance (OASDI) applies; plus (ii) One and forty-five one-hundredths of a percent of self-employment income for Medicare and this amount shall be deducted from a self-employed Parent's Gross Income. (B) Preexisting Orders. An adjustment to the Parent's Gross Income shall be made on the Child Support Schedule B Adjusted Income for current Preexisting Orders actually being paid under an order of support for a period of not less than 12 consecutive months immediately prior to the date of the hearing or such period that an order has been in effect if less than 12 months prior to the date of the hearing before the Court to set, modify, or enforce child support. (i) In calculating the adjustment for Preexisting Orders, the Court shall include only those Preexisting Orders where the date of entry of the initial support order precedes the date of entry of the initial order in the case immediately under consideration; (ii) The priority for Preexisting Orders shall be determined by the date of the initial order in each case. Subsequent modifications of the initial support order shall not affect the priority position established by the date of the initial order. In any modification proceeding, the Court rendering the decision shall make a specific finding of the date of the initial order of the case; (iii) Adjustments shall be allowed for current preexisting support only to the extent that the payments are actually being paid as evidenced by documentation including, but not limited to, payment history from a court clerk, a IV-D agency, as defined in Code Section 19-6-31, the Child Support Enforcement Agency's computer data base, the child support payment history, or canceled checks or other written proof of payments paid directly to the other Parent. The maximum credit allowed for a Preexisting Order is an average of the amount of current support 5358 JOURNAL OF THE HOUSE actually paid under the Preexisting Order over the past 12 months prior to the hearing date; (iv) All Preexisting Orders shall be entered on the Child Support Schedule B Adjusted Income for the purpose of calculating the total amount of the credit to be included on the Child Support Worksheet; and (v) Payments being made by a Parent on any arrearages shall not be considered payments on Preexisting Orders or subsequent orders and shall not be used as a basis for reducing Gross Income. (C) Theoretical Child Support Orders. In addition to the adjustments to Gross Income for self-employment taxes provided in subparagraph (A) of this paragraph and for Preexisting Orders provided in subparagraph (B) of this paragraph, credits for either Parent's other Qualified Child living in the Parent's home for whom the Parent owes a legal duty of support may be considered by the Court for the purpose of reducing the Parent's Gross Income. To consider a Parent's other Qualified Children for determining the Theoretical Child Support Order, a Parent shall present documentary evidence of the Parent-Child relationship to the Court. Adjustments to income pursuant to this paragraph may be considered in such circumstances in which the failure to consider a Qualified Child would cause substantial hardship to the Parent. If the Court, in its discretion, decides to apply the Qualified Child adjustment, the Basic Child Support Obligation of the Parent for the number of other Qualified Children living with such Parent shall be determined based upon that Parent's Gross Income. Except for self-employment taxes paid, no other amounts shall be subtracted from the Parent's Gross Income when calculating a Theoretical Child Support Order under this subparagraph. The Basic Child Support Obligation for such Parent shall be multiplied by 75 percent and the resulting amount shall be subtracted from such Parent's Gross Income and entered on the Child Support Schedule B Adjusted Income. (D) Priority of adjustments. In multiple family situations, the adjustments to a Parent's Gross Income shall be calculated in the following order: (i) Preexisting Orders according to the date of the initial order; and (ii) After applying the deductions on the Child Support Schedule B Adjusted Income for Preexisting Orders, if any, in subparagraph (A) of paragraph (4) of this subsection, any credit for a Parent's other Qualified Children may be considered using the procedure set forth in subparagraph (B) of this paragraph. (g) Parenting Time Adjustment. (1) For purposes of this subsection, the term: (A) 'Calendar Day' means from 12:00 Midnight to 11:59 P.M. (B) 'Day' means more than 12 hours of a Calendar Day. (C) 'Overnight' means the time period, which does not otherwise qualify as a Day, when the Child spends at a minimum from 11:00 P.M. until 5:00 A.M. the following morning with the Noncustodial Parent. (D) 'Parenting Time Units' means Days or Overnights in which the Child is under the control of a Parent and that Parent expends a reasonable amount of resources on THURSDAY, MARCH 30, 2006 5359 the Child during such time period directly related to the care and supervision of the Child. A Child is under the control of a Parent when the Child is in the Parent's home or at school, work related day care, or such activity as the Parent expressly permits. In calculating Parenting Time Units, time in the order for visitation shall count as either a Day, if applicable, or an Overnight, if applicable, but not as both a Day and an Overnight. (2) The Child Support Obligation Table is based upon expenditures for the Child in intact households and therefore there is no consideration for cost associated with court ordered visitation exceeding the standard visitation period with the Noncustodial Parent, which typically includes a minimum of every other weekend from Friday through Sunday, two weeks in the summer, and two weeks during holidays throughout the year, for a total of approximately 80 days per calendar year. (3)(A) If the Noncustodial Parent is ordered more than 90 Parenting Time Units of court ordered visitation per calendar year with a Child, the Noncustodial Parent shall be entitled to a Parenting Time Adjustment as provided in subparagraph (B) of this paragraph. (B) Determine the Adjustment Percentage based upon the following schedule: Number of Parenting Time Units Adjustment Percentage 91 Parenting Time Units .030 percent 92 Parenting Time Units .362 percent 93 Parenting Time Units .694 percent 94 Parenting Time Units 1.026 percent 95 Parenting Time Units 1.359 percent 96 Parenting Time Units 1.691 percent 97 Parenting Time Units 2.023 percent 98 Parenting Time Units 2.356 percent 99 Parenting Time Units 2.688 percent 100 Parenting Time Units 3.020 percent 101 Parenting Time Units 3.353 percent 102 Parenting Time Units 3.685 percent 103 Parenting Time Units 4.017 percent 104 Parenting Time Units 4.350 percent 105 Parenting Time Units 4.682 percent 5360 JOURNAL OF THE HOUSE 106 Parenting Time Units 107 Parenting Time Units 108 Parenting Time Units 109 Parenting Time Units 110 Parenting Time Units 111 Parenting Time Units 112 Parenting Time Units 113 Parenting Time Units 114 Parenting Time Units 115 Parenting Time Units 116 Parenting Time Units 117 Parenting Time Units 118 Parenting Time Units 119 Parenting Time Units 120 Parenting Time Units 121 Parenting Time Units 122 Parenting Time Units 123 Parenting Time Units 124 Parenting Time Units 125 Parenting Time Units 126 Parenting Time Units 127 Parenting Time Units 128 Parenting Time Units 129 Parenting Time Units 130 Parenting Time Units 131 Parenting Time Units 132 Parenting Time Units 5.014 percent 5.347 percent 5.679 percent 6.011 percent 6.344 percent 6.676 percent 7.008 percent 7.341 percent 7.673 percent 8.005 percent 8.338 percent 8.670 percent 9.002 percent 9.335 percent 9.667 percent 10.000 percent 10.625 percent 11.250 percent 11.875 percent 12.500 percent 13.125 percent 13.750 percent 14.375 percent 15.000 percent 15.625 percent 16.250 percent 16.875 percent THURSDAY, MARCH 30, 2006 133 Parenting Time Units 134 Parenting Time Units 135 Parenting Time Units 136 Parenting Time Units 137 Parenting Time Units 138 Parenting Time Units 139 Parenting Time Units 140 Parenting Time Units 141 Parenting Time Units 142 Parenting Time Units 143 Parenting Time Units 144 Parenting Time Units 145 Parenting Time Units 146 Parenting Time Units 147 Parenting Time Units 148 Parenting Time Units 149 Parenting Time Units 150 Parenting Time Units 151 Parenting Time Units 152 Parenting Time Units 153 Parenting Time Units 154 Parenting Time Units 155 Parenting Time Units 156 Parenting Time Units 157 Parenting Time Units 158 Parenting Time Units 159 Parenting Time Units 17.500 percent 18.125 percent 18.750 percent 19.375 percent 20.00 percent 20.66 percent 21.33 percent 21.99 percent 22.66 percent 23.33 percent 23.99 percent 24.66 percent 25.33 percent 25.99 percent 26.66 percent 27.33 percent 27.99 percent 28.66 percent 29.33 percent 30.00 percent 30.66 percent 31.33 percent 31.99 percent 32.66 percent 33.33 percent 33.99 percent 34.66 percent 5361 5362 JOURNAL OF THE HOUSE 160 Parenting Time Units 35.33 percent 161 Parenting Time Units 35.99 percent 162 Parenting Time Units 36.66 percent 163 Parenting Time Units 37.33 percent 164 Parenting Time Units 37.99 percent 165 Parenting Time Units 38.66 percent 166 Parenting Time Units 39.33 percent 167 Parenting Time Units 40.00 percent 168 Parenting Time Units 40.66 percent 169 Parenting Time Units 41.33 percent 170 Parenting Time Units 41.99 percent 171 Parenting Time Units 42.66 percent 172 Parenting Time Units 43.33 percent 173 Parenting Time Units 43.99 percent 174 Parenting Time Units 44.66 percent 175 Parenting Time Units 45.33 percent 176 Parenting Time Units 45.99 percent 177 Parenting Time Units 46.66 percent 178 Parenting Time Units 47.33 percent 179 Parenting Time Units 47.99 percent 180 Parenting Time Units 48.66 percent 181 Parenting Time Units 49.33 percent 182 Parenting Time Units or more 50.00 percent (C) Multiply the adjustment percentage by the Basic Child Support Obligation, and the resulting number from this multiplication shall be subtracted from the Noncustodial Parent's Basic Child Support Obligation to arrive at the Parenting Time Adjustment. (D) If there is more than one Child in the case with whom the Noncustodial Parent is ordered more than 90 Parenting Time Units of visitation per calendar year, and the Noncustodial Parent is ordered different amounts of visitation time with each THURSDAY, MARCH 30, 2006 5363 Child, then the time the Noncustodial Parent is ordered with each Child shall be averaged to determine the Parenting Time Adjustment. (E) If the Adjusted Incomes of the Parents are equal and the court ordered visitation with each Parent is equal, neither Parent shall pay any Basic Child Support Obligation; provided, however, that the Noncustodial Parent may be responsible for additional support obligations, including the Noncustodial Parent's pro rata share for Health Insurance, Work Related Child Care Costs, Uninsured Health Care Expenses, and Deviations for Extraordinary Expenses as set forth in subparagraph (i)(2)(J) of this Code section. (4) The presumption of Parenting Time Adjustment may be rebutted by evidence showing that the court ordered visitation should not reduce the Noncustodial Parent's Basic Child Support Obligation. (5) In accordance with subsection (d) of Code Section 19-11-8, if any action or claim for Parenting Time Adjustment is brought under this subsection, it shall be an action or claim solely between the Custodial Parent and the Noncustodial Parent, and not any third parties, including the Child Support Enforcement Agency. (h) Adjusted support obligation. The Child Support Obligation Table does not include the cost of the Parent's Work Related Child Care Costs, Health Insurance premiums, or Uninsured Health Care Expenses. The additional expenses for the Child's Health Insurance premium and Work Related Child Care Costs shall be included in the calculations to determine child support. A Nonparent Custodian's expenses for Work Related Child Care Costs and Health Insurance premiums shall be taken into account when establishing a Final Child Support Order. (1) Work Related Child Care Costs. (A) Work Related Child Care Costs necessary for the Parent's employment, education, or vocational training that are determined by the Court to be appropriate, and that are appropriate to the Parents financial abilities and to the lifestyle of the Child if the Parents and Child were living together, shall be averaged for a monthly amount and entered on the Child Support Worksheet in the column of the Parent initially paying the expense. Work Related Child Care Costs of a Nonparent Custodian shall be considered when determining the amount of this expense. (B) If a child care subsidy is being provided pursuant to a means-tested public assistance program, only the amount of the child care expense actually paid by either Parent or a Nonparent Custodian shall be included in the calculation. (C) If either Parent is the provider of child care services to the Child for whom support is being determined, the value of those services shall not be an adjustment to the Basic Child Support Obligation when calculating the support award. (D) If child care is provided without charge to the Parent, the value of these services shall not be an adjustment to the Basic Child Support Obligation. If child care is or will be provided by a person who is paid for his or her services, proof of actual cost or payment shall be shown to the Court before the Court includes such payment in its consideration. 5364 JOURNAL OF THE HOUSE (E) The amount of Work Related Child Care Costs shall be determined and added as an adjustment to the Basic Child Support Obligation as 'additional expenses' whether paid directly by the Parent or through a payroll deduction. (F) The total amount of Work Related Child Care Costs shall be divided between the Parents pro rata to determine the Presumptive Amount of Child Support and shall be included in the Worksheet and written order of the Court. (2) Cost of Health Insurance premiums. (A)(i) The amount that is, or will be, paid by a Parent for Health Insurance for the Child for whom support is being determined shall be an adjustment to the Basic Child Support Obligation and prorated between the Parents based upon their respective incomes. Payments made by a Parent's employer for Health Insurance and not deducted from the Parent's wages shall not be included. When a Child for whom support is being determined is covered by a family policy, only the Health Insurance premium actually attributable to that Child shall be added. (ii) The amount of the cost for the Child's Health Insurance premium shall be determined and added as an adjustment to the Basic Child Support Obligation as 'additional expenses' whether paid directly by the Parent or through a payroll deduction. (iii) The total amount of the cost for the Child's Health Insurance premium shall be divided between the Parents pro rata to determine the total Presumptive Amount of Child Support and shall be included in the Child Support Schedule D Additional Expenses and written order of the Court together with the amount of the Basic Child Support Obligation. (B)(i) If Health Insurance that provides for the health care needs of the Child can be obtained by a Parent at reasonable cost, then an amount to cover the cost of the premium shall be added as an adjustment to the Basic Child Support Obligation. A Health Insurance premium paid by a Nonparent Custodian shall be included when determining the amount of Health Insurance expense. In determining the amount to be added to the order for the Health Insurance cost, only the amount of the Health Insurance cost attributable to the Child who is the subject of the order shall be included. (ii) If coverage is applicable to other persons and the amount of the Health Insurance premium attributable to the Child who is the subject of the current action for support is not verifiable, the total cost to the Parent paying the premium shall be prorated by the number of persons covered so that only the cost attributable to the Child who is the subject of the order under consideration is included. The amount of Health Insurance premium shall be determined by dividing the total amount of the insurance premium by the number of persons covered by the insurance policy and multiplying the resulting amount by the number of children covered by the insurance policy. The monthly cost of Health Insurance premium shall be entered on the Child Support Schedule D Additional Expenses in the column of the Parent paying the premium. THURSDAY, MARCH 30, 2006 5365 (iii) Eligibility for or enrollment of the Child in Medicaid or PeachCare for Kids Program shall not satisfy the requirement that the Final Child Support Order provide for the Child's health care needs. Health coverage through PeachCare for Kids Program and Medicaid shall not prevent a Court from ordering either or both Parents to obtain other Health Insurance. (3) Uninsured Health Care Expenses. (A) The Child's Uninsured Health Care Expenses shall be the financial responsibility of both Parents. The Final Child Support Order shall include provisions for payment of the Uninsured Heath Care Expenses; provided, however, that the Uninsured Health Care Expenses shall not be used for the purpose of calculating the amount of child support. The Parents shall divide the Uninsured Health Care Expenses pro rata, unless otherwise specifically ordered by the Court. (B) If a Parent fails to pay his or her pro rata share of the Child's Uninsured Health Care Expenses, as specified in the Final Child Support Order, within a reasonable time after receipt of evidence documenting the uninsured portion of the expense: (i) The other Parent or the Nonparent Custodian may enforce payment of the expense by any means permitted by law; or (ii) The Child Support Enforcement Agency shall pursue enforcement of payment of such unpaid expenses only if the unpaid expenses have been reduced to a judgment in a sum certain amount. (i) Grounds for Deviation. (1) General principles. (A) The amount of child support established by this Code section and the Presumptive Amount of Child Support are rebuttable and the Court or the jury may deviate from the Presumptive Amount of Child Support in compliance with this subsection. In deviating from the Presumptive Amount of Child Support, primary consideration shall be given to the best interest of the Child for whom support under this Code section is being determined. A Nonparent Custodian's expenses may be the basis for a Deviation. (B) When ordering a Deviation from the Presumptive Amount of Child Support, the Court or the jury shall consider all available income of the Parents and shall make written findings or special interrogatory findings that an amount of child support other than the amount calculated is reasonably necessary to provide for the needs of the Child for whom child support is being determined and the order or special interrogatory shall state: (i) The reasons for the Deviation from the Presumptive Amount of Child Support; (ii) The amount of child support that would have been required under this Code section if the Presumptive Amount of Child Support had not been rebutted; and (iii) How, in its determination: (I) Application of the Presumptive Amount of Child Support would be unjust or inappropriate; and (II) The best interest of the Child for whom support is being determined will be served by Deviation from the Presumptive Amount of Child Support. 5366 JOURNAL OF THE HOUSE (C) No Deviation in the Presumptive Amount of Child Support shall be made which seriously impairs the ability of the Custodial Parent to maintain minimally adequate housing, food, and clothing for the Child being supported by the order and to provide other basic necessities, as determined by the Court or the jury. (2) Specific Deviations. (A) High income. For purposes of this subparagraph, Parents are considered to be high-income Parents if their Combined Adjusted Income exceeds $30,000.00 per month. For high-income Parents, the Court shall set the Basic Child Support Obligation at the highest amount allowed by the Child Support Obligation Table but the Court or the jury may consider upward Deviation to attain an appropriate award of child support for high-income Parents which is consistent with the best interest of the Child. (B) Low income. For purposes of this subparagraph, 'low income person' means a Parent whose annual Gross Income is at or below $1,850.00 per month. (i) If the Noncustodial Parent is a low income person and requests a Deviation on such basis, the Court or the jury shall determine if the Noncustodial Parent will be financially able to pay the child support order and maintain at least a minimum standard of living by calculating a self-support reserve as set forth in division (ii) of this subparagraph. The Court or the jury shall take into account all nonexcluded sources of income available to each Parent and all reasonable expenses of each Parent, ensuring that such expenses are actually paid by the Parent and are clearly justified expenses. The Court or the jury shall also consider the financial impact that a reduction in the amount of child support paid to the Custodial Parent would have on the Custodial Parent's household. Under no circumstances shall the amount of child support awarded to the Custodial Parent impair the ability of the Custodial Parent to maintain minimally adequate housing, food, and clothing and provide for other basic necessities for the child being supported by the court order. (ii) To calculate the self-support reserve for the Noncustodial Parent, the Court or the jury shall deduct $900.00 from the Noncustodial Parent's Adjusted Income. If the resulting amount is less than the Noncustodial Parent's pro rata responsibility of the Presumptive Amount of Child Support, the Court or the jury may deviate from the amount of support provided for in the Child Support Obligation Table to the resulting amount. If the child support award amount would be less than $75.00, then the minimum child support order amount shall be $75.00. (iii) If the Custodial Parent is a low income person, the Court or the jury shall subtract $900.00 from the Custodial Parent's Adjusted Income. If the resulting amount is less than the Custodial Parent's pro rata responsibility of the Presumptive Amount of Child Support, the Court or the jury shall not deviate from the amount of support required to be paid by the Noncustodial Parent as provided for in the Child Support Obligation Table. THURSDAY, MARCH 30, 2006 5367 (iv) The self-support reserve calculation described in this subparagraph shall apply only to the current child support amount and shall not prohibit an additional amount being ordered to reduce an obligor's arrears. (v) The Court shall make a written finding in its order or the jury shall find by special interrogatory that the low income Deviation from the Presumptive Amount of Child Support is clearly justified based upon the considerations and calculations described in this subparagraph. (C) Other health-related insurance. If the Court or the jury finds that either Parent has vision or dental insurance available at a reasonable cost for the Child, the Court may deviate from the Presumptive Amount of Child Support for the cost of such insurance. (D) Life insurance. In accordance with Code Section 19-6-34, if the Court or the jury finds that either Parent has purchased life insurance on the life of either Parent or the lives of both Parents for the benefit of the Child, the Court may deviate from the Presumptive Amount of Child Support for the cost of such insurance by either adding or subtracting the amount of the premium. (E) Child and dependent care tax credit. If the Court or the jury finds that one of the Parents is entitled to the Child and Dependent Care Tax Credit, the Court or the jury may deviate from the Presumptive Amount of Child Support in consideration of such credit. (F) Travel expenses. If court ordered visitation related travel expenses are substantial due to the distance between the Parents, the Court may order the allocation of such costs or the jury may by a finding in its special interrogatory allocate such costs by Deviation from the Presumptive Amount of Child Support, taking into consideration the circumstances of the respective Parents as well as which Parent moved and the reason for such move. (G) Alimony. Actual payments of alimony shall not be considered as a deduction from Gross Income but may be considered as a Deviation from the Presumptive Amount of Child Support. If the Court or the jury considers the actual payment of alimony, the Court shall make a written finding of such consideration or the jury in its special interrogatory of such consideration as a basis for Deviation from the Presumptive Amount of Child Support. (H) Mortgage. If the Noncustodial Parent is providing shelter, such as paying the mortgage of the home, or has provided a home at no cost to the Custodial Parent in which the Child resides, the Court or the jury may allocate such costs or an amount equivalent to such costs by Deviation from the Presumptive Amount of Child Support, taking into consideration the circumstances of the respective Parents and the best interest of the Child. (I) Permanency plan or foster care plan. In cases where the Child is in the legal custody of the Department of Human Resources, the child protection or foster care agency of another state or territory, or any other child-caring entity, public or private, the Court or the jury may consider a Deviation from the Presumptive Amount of Child Support if the Deviation will assist in accomplishing a 5368 JOURNAL OF THE HOUSE permanency plan or foster care plan for the Child that has a goal of returning the Child to the Parent or Parents and the Parent's need to establish an adequate household or to otherwise adequately prepare herself or himself for the return of the Child clearly justifies a Deviation for this purpose. (J) Extraordinary expenses. The Child Support Obligation Table includes average child rearing expenditures for families given the Parents monthly combined income and number of children. Extraordinary expenses are in excess of average amounts estimated in the Child Support Obligation Table and are highly variable among families. Extraordinary expenses shall be considered on a case-by-case basis in the calculation of support and may form the basis for Deviation from the Presumptive Amount of Child Support so that the actual amount of the expense is considered in the calculation of the Final Child Support Order for only those families actually incurring the expense. Extraordinary expenses shall be prorated between the Parents. (i) Extraordinary educational expenses. Extraordinary educational expenses may be a basis for Deviation from the Presumptive Amount of Child Support. Extraordinary educational expenses include, but are not limited to, tuition, room and board, lab fees, books, fees, and other reasonable and necessary expenses associated with special needs education or private elementary and secondary schooling that are appropriate to the Parent's financial abilities and to the lifestyle of the Child if the Parents and the Child were living together. (I) In determining the amount of Deviation for extraordinary educational expenses, scholarships, grants, stipends, and other cost-reducing programs received by or on behalf of the Child shall be considered; and (II) If a Deviation is allowed for extraordinary educational expenses, a monthly average of the extraordinary educational expenses shall be based on evidence of prior or anticipated expenses and entered on the Child Support Schedule E Deviations. (ii) Special expenses incurred for child rearing. Special expenses incurred for child rearing, including, but not limited to, quantifiable expense variations related to the food, clothing, and hygiene costs of children at different age levels, may be a basis for a Deviation from the Presumptive Amount of Child Support. Such expenses include, but are not limited to, summer camp; music or art lessons; travel; school sponsored extracurricular activities, such as band, clubs, and athletics; and other activities intended to enhance the athletic, social, or cultural development of a Child but not otherwise required to be used in calculating the Presumptive Amount of Child Support as are Health Insurance premiums and Work Related Child Care Costs. A portion of the Basic Child Support Obligation is intended to cover average amounts of special expenses incurred in the rearing of a Child. In order to determine if a Deviation for special expenses is warranted, the Court or the jury shall consider the full amount of the special expenses as described in this division; and when these special expenses exceed 7 percent of the monthly Basic Child Support Obligation, then the additional amount of special THURSDAY, MARCH 30, 2006 5369 expenses shall be considered as a Deviation to cover the full amount of the special expenses. (iii) Extraordinary medical expenses. In instances of extreme economic hardship, such as in cases involving extraordinary medical needs not covered by insurance or other extraordinary special needs for the Child of a Parent's current family, Deviation from the Presumptive Amount of Child Support may be considered. In such cases, the Court or the jury shall consider the resources available for meeting such needs, including those available from agencies and other adults. The Court or the jury may consider extraordinary medical expenses of a Parent as a reason for finding a Deviation from the Presumptive Child Support amount, but such Deviation shall not act to leave a Child unsupported and such Deviation may be ordered for a specific period of time measured in months. (3) Nonspecific Deviations. Deviation from the Presumptive Amount of Child Support may be appropriate for reasons in addition to those established under this subsection when the Court or the jury finds it is in the best interest of the Child. If the circumstances which supported the Deviation cease to exist, the Final Child Support Order may be modified as set forth in subsection (k) of this Code section to eliminate the Deviation. (j) Involuntary loss of income. (1) In the event a Parent suffers an involuntary termination of employment, has an extended involuntary loss of average weekly hours, is involved in an organized strike, incurs a loss of health, or similar involuntary adversity resulting in a loss of income of 25 percent or more, then the portion of child support attributable to lost income shall not accrue from the date of the service of the petition for modification, provided that service is made on the other Parent. It shall not be considered an involuntary termination of employment if the Parent has left the employer without good cause in connection with the Parent's most recent work. (2) In the event a modification action is filed pursuant to this subsection, the Court shall make every effort to expedite hearing such action. (3) The Court may, at its discretion, phase in the new child support award over a period of up to one year with the phasing in being largely evenly distributed with at least an initial immediate adjustment of not less than 25 percent of the difference and at least one intermediate adjustment prior to the final adjustment at the end of the phase-in period. (k) Modification. (1) A petition to modify any order for child support which was entered on or before June 30, 2006, may only be modified where there has been a substantial change in the income and financial status of either Parent or the needs of the Child which is satisfactorily proven so as to warrant the modification. No petition may be filed by either Parent under this paragraph within a period of two years from the date of the final order on a previous petition by the same Parent. After hearing both parties and the evidence, the jury, or the judge where a jury is not demanded by either party, may modify and revise the previous judgment where there has been a substantial change in 5370 JOURNAL OF THE HOUSE the income and financial status of either Parent or in the needs of the Child in the case of child support, if such a change in the income and financial status is satisfactorily proven so as to warrant the modification and revision. In the hearing upon a petition filed as provided in this paragraph, testimony may be given and evidence introduced relative to the income and financial status of either Parent. (2) With respect to any Final Child Support Order entered on or after July 1, 2006, no petition to modify child support may be filed by either Parent within a period of two years from the date of the final order on a previous petition to modify by the same Parent except where: (A)(i) Child support required under this Code section creates a difference of 15 percent or more between the Noncustodial Parent's Basic Child Support Obligation and the prior award determined in a contested trial; or (ii) Child support required under this Code section creates a difference of 30 percent or more between the Noncustodial Parent's Basic Child Support Obligation and the prior award as determined by agreement of the parties; (B) A Parenting Time Adjustment pursuant to subsection (g) of this Code section was made and a Noncustodial Parent has failed to exercise the court ordered visitation; (C) A Parenting Time Adjustment pursuant to subsection (g) of this Code section was made and a Noncustodial Parent has exercised a greater amount of visitation than was provided in the court order; or (D) The motion to modify is based upon an involuntary loss of income as set forth in subsection (j) of this Code section. (3) In any proceeding to modify an order entered prior to July 1, 2006, an increase or decrease of 15 percent or more between the amount of the existing order entered as a result of a contested trial and the Noncustodial Parent's Basic Child Support Obligation, or an increase or decrease of 30 percent or more between the amount of the existing order entered as a result of an agreement of the parties and the Noncustodial Parent's Basic Child Support Obligation, shall be presumed to constitute a substantial change of circumstances as may warrant a modification based upon the Court's consideration of the Parent's income and financial status and the needs of the Child. This differential shall be calculated by applying 15 or 30 percent, whichever percentage is applicable to the circumstance, to the existing award. If there is a difference of 30 percent or more between a new award and a prior award, the Court may, in its discretion, phase in the new child support award over a period of up to one year with the phasing in being largely evenly distributed with at least an initial immediate adjustment of not less than 25 percent of the difference and at least one intermediate adjustment prior to the final adjustment at the end of the phase-in period. All IV-D case reviews and modifications shall proceed and be governed by Code Section 19-11-12. Subsequent changes to the Child Support Obligation Table shall be a reason to request a review for modification from the IV-D agency to the extent that such changes are consistent with the requirements of Code Section 19-11-12. THURSDAY, MARCH 30, 2006 5371 (4) In proceedings for the modification of a child support award pursuant to the provisions of this Code section, the Court may award attorney's fees, costs, and expenses of litigation to the prevailing party as the interests of justice may require. Where a Custodial Parent prevails in an upward modification of child support based upon the Noncustodial Parent's failure to be available and willing to exercise court ordered visitation as scheduled under the prior order of child support which provided a Parenting Time Adjustment in accordance with subsection (g) of this Code section, reasonable and necessary attorney's fees and expenses of litigation shall be awarded to the Custodial Parent. (l) Split Parenting. In cases of Split Parenting, a Worksheet shall be prepared separately for the Child for whom the father is the Custodial Parent and for the Child for whom the mother is the Custodial Parent, and that Worksheet shall be filed with the clerk of court. For each Split Parenting custodial situation, the Court shall determine: (1) Which Parent is the obligor; (2) The Presumptive Amount of Child Support; (3) The actual award of child support, if different from the Presumptive Amount of Child Support; (4) How and when the sum certain amount of child support owed shall be paid; and (5) Any other child support responsibilities for each Parent. (m) Worksheets. (1) The Child Support Worksheet is used to record information necessary to determine and calculate child support. Schedules and Worksheets shall be prepared by the parties for purposes of calculating the amount of child support. Information from the schedules shall be entered on the Child Support Worksheet. The Child Support Worksheet and Schedule E shall be attached to the final court order or judgment, and any schedules completed by the parties shall be filed with the clerk of court. (2) The Child Support Worksheet and schedules shall be promulgated by the Georgia Child Support Commission. (n) Child Support Obligation Table. The Child Support Obligation Table shall be proposed by the Georgia Child Support Commission and shall be as codified in subsection (o) of this Code section. (o) Georgia Schedule of Basic Child Support Obligations. Georgia Schedule of Basic Child Support Obligations Combined Adjusted Gross Income One Child Two Three Four Five Six Children Children Children Children Children $ 800.00 $ 197.00 $ 283.00 $ 330.00 $ 367.00 $ 404.00 $ 440.00 850.00 208.00 298.00 347.00 387.00 425.00 463.00 900.00 218.00 313.00 364.00 406.00 447.00 486.00 5372 JOURNAL OF THE HOUSE 950.00 1,000.00 1,050.00 1,100.00 1,150.00 1,200.00 1,250.00 1,300.00 1,350.00 1,400.00 1,450.00 1,500.00 1,550.00 1,600.00 1,650.00 1,700.00 1,750.00 1,800.00 1,850.00 1,900.00 1,950.00 2,000.00 2,050.00 2,100.00 2,150.00 2,200.00 2,250.00 229.00 239.00 250.00 260.00 270.00 280.00 291.00 301.00 311.00 321.00 331.00 340.00 350.00 360.00 369.00 379.00 389.00 398.00 408.00 418.00 427.00 437.00 446.00 455.00 465.00 474.00 483.00 328.00 343.00 357.00 372.00 387.00 401.00 416.00 431.00 445.00 459.00 473.00 487.00 500.00 514.00 528.00 542.00 555.00 569.00 583.00 596.00 610.00 624.00 637.00 650.00 663.00 676.00 688.00 381.00 398.00 415.00 432.00 449.00 466.00 483.00 500.00 517.00 533.00 549.00 565.00 581.00 597.00 612.00 628.00 644.00 660.00 676.00 692.00 708.00 723.00 739.00 754.00 769.00 783.00 798.00 425.00 444.00 463.00 482.00 501.00 520.00 539.00 558.00 577.00 594.00 612.00 630.00 647.00 665.00 683.00 701.00 718.00 736.00 754.00 771.00 789.00 807.00 824.00 840.00 857.00 873.00 890.00 468.00 489.00 510.00 530.00 551.00 572.00 593.00 614.00 634.00 654.00 673.00 693.00 712.00 732.00 751.00 771.00 790.00 809.00 829.00 848.00 868.00 887.00 906.00 924.00 943.00 961.00 979.00 509.00 532.00 554.00 577.00 600.00 622.00 645.00 668.00 690.00 711.00 733.00 754.00 775.00 796.00 817.00 838.00 860.00 881.00 902.00 923.00 944.00 965.00 986.00 1,006.00 1,026.00 1,045.00 1,065.00 THURSDAY, MARCH 30, 2006 5373 2,300.00 2,350.00 2,400.00 2,450.00 2,500.00 2,550.00 2,600.00 2,650.00 2,700.00 2,750.00 2,800.00 2,850.00 2,900.00 2,950.00 3,000.00 3,050.00 3,100.00 3,150.00 3,200.00 3,250.00 3,300.00 3,350.00 3,400.00 3,450.00 3,500.00 3,550.00 3,600.00 492.00 501.00 510.00 519.00 528.00 537.00 547.00 556.00 565.00 574.00 583.00 592.00 601.00 611.00 620.00 629.00 638.00 647.00 655.00 663.00 671.00 679.00 687.00 694.00 702.00 710.00 718.00 701.00 714.00 727.00 740.00 752.00 765.00 778.00 791.00 804.00 816.00 829.00 842.00 855.00 868.00 881.00 893.00 906.00 919.00 930.00 941.00 952.00 963.00 974.00 985.00 996.00 1,008.00 1,019.00 813.00 828.00 843.00 858.00 873.00 888.00 902.00 917.00 932.00 947.00 962.00 977.00 992.00 1,006.00 1,021.00 1,036.00 1,051.00 1,066.00 1,079.00 1,092.00 1,104.00 1,117.00 1,130.00 1,143.00 1,155.00 1,168.00 1,181.00 907.00 923.00 940.00 956.00 973.00 990.00 1,006.00 1,023.00 1,039.00 1,056.00 1,073.00 1,089.00 1,106.00 1,122.00 1,139.00 1,155.00 1,172.00 1,188.00 1,203.00 1,217.00 1,231.00 1,246.00 1,260.00 1,274.00 1,288.00 1,303.00 1,317.00 997.00 1,016.00 1,034.00 1,052.00 1,070.00 1,089.00 1,107.00 1,125.00 1,143.00 1,162.00 1,180.00 1,198.00 1,216.00 1,234.00 1,253.00 1,271.00 1,289.00 1,307.00 1,323.00 1,339.00 1,355.00 1,370.00 1,386.00 1,402.00 1,417.00 1,433.00 1,448.00 1,085.00 1,105.00 1,125.00 1,145.00 1,165.00 1,184.00 1,204.00 1,224.00 1,244.00 1,264.00 1,284.00 1,303.00 1,323.00 1,343.00 1,363.00 1,383.00 1,402.00 1,422.00 1,440.00 1,457.00 1,474.00 1,491.00 1,508.00 1,525.00 1,542.00 1,559.00 1,576.00 5374 JOURNAL OF THE HOUSE 3,650.00 3,700.00 3,750.00 3,800.00 3,850.00 3,900.00 3,950.00 4,000.00 4,050.00 4,100.00 4,150.00 4,200.00 4,250.00 4,300.00 4,350.00 4,400.00 4,450.00 4,500.00 4,550.00 4,600.00 4,650.00 4,700.00 4,750.00 4,800.00 4,850.00 4,900.00 4,950.00 726.00 734.00 741.00 749.00 756.00 764.00 771.00 779.00 786.00 794.00 801.00 809.00 816.00 824.00 831.00 839.00 846.00 853.00 861.00 868.00 876.00 883.00 891.00 898.00 906.00 911.00 914.00 1,030.00 1,041.00 1,051.00 1,062.00 1,072.00 1,083.00 1,093.00 1,104.00 1,114.00 1,125.00 1,135.00 1,146.00 1,156.00 1,167.00 1,177.00 1,188.00 1,198.00 1,209.00 1,219.00 1,230.00 1,240.00 1,251.00 1,261.00 1,271.00 1,282.00 1,289.00 1,293.00 1,194.00 1,207.00 1,219.00 1,231.00 1,243.00 1,255.00 1,267.00 1,280.00 1,292.00 1,304.00 1,316.00 1,328.00 1,340.00 1,352.00 1,364.00 1,376.00 1,388.00 1,400.00 1,412.00 1,425.00 1,437.00 1,449.00 1,461.00 1,473.00 1,485.00 1,493.00 1,496.00 1,331.00 1,345.00 1,359.00 1,373.00 1,386.00 1,400.00 1,413.00 1,427.00 1,440.00 1,454.00 1,467.00 1,481.00 1,494.00 1,508.00 1,521.00 1,534.00 1,548.00 1,561.00 1,575.00 1,588.00 1,602.00 1,615.00 1,629.00 1,642.00 1,656.00 1,664.00 1,668.00 1,464.00 1,480.00 1,495.00 1,510.00 1,525.00 1,540.00 1,555.00 1,569.00 1,584.00 1,599.00 1,614.00 1,629.00 1,643.00 1,658.00 1,673.00 1,688.00 1,703.00 1,718.00 1,732.00 1,747.00 1,762.00 1,777.00 1,792.00 1,807.00 1,821.00 1,831.00 1,835.00 1,593.00 1,610.00 1,627.00 1,643.00 1,659.00 1,675.00 1,691.00 1,707.00 1,724.00 1,740.00 1,756.00 1,772.00 1,788.00 1,804.00 1,820.00 1,836.00 1,853.00 1,869.00 1,885.00 1,901.00 1,917.00 1,933.00 1,949.00 1,966.00 1,982.00 1,992.00 1,997.00 THURSDAY, MARCH 30, 2006 5375 5,000.00 5,050.00 5,100.00 5,150.00 5,200.00 5,250.00 5,300.00 5,350.00 5,400.00 5,450.00 5,500.00 5,550.00 5,600.00 5,650.00 5,700.00 5,750.00 5,800.00 5,850.00 5,900.00 5,950.00 6,000.00 6,050.00 6,100.00 6,150.00 6,200.00 6,250.00 6,300.00 917.00 921.00 924.00 927.00 930.00 934.00 937.00 940.00 943.00 947.00 950.00 953.00 956.00 960.00 964.00 968.00 971.00 975.00 979.00 983.00 987.00 991.00 995.00 999.00 1,003.00 1,007.00 1,011.00 1,297.00 1,300.00 1,304.00 1,308.00 1,312.00 1,316.00 1,320.00 1,323.00 1,327.00 1,331.00 1,335.00 1,339.00 1,342.00 1,347.00 1,352.00 1,357.00 1,363.00 1,368.00 1,373.00 1,379.00 1,384.00 1,389.00 1,394.00 1,400.00 1,405.00 1,410.00 1,416.00 1,500.00 1,503.00 1,507.00 1,510.00 1,514.00 1,517.00 1,521.00 1,524.00 1,528.00 1,531.00 1,535.00 1,538.00 1,542.00 1,546.00 1,552.00 1,558.00 1,564.00 1,570.00 1,575.00 1,581.00 1,587.00 1,593.00 1,599.00 1,605.00 1,610.00 1,616.00 1,622.00 1,672.00 1,676.00 1,680.00 1,684.00 1,688.00 1,692.00 1,696.00 1,700.00 1,704.00 1,708.00 1,711.00 1,715.00 1,719.00 1,724.00 1,731.00 1,737.00 1,744.00 1,750.00 1,757.00 1,763.00 1,770.00 1,776.00 1,783.00 1,789.00 1,796.00 1,802.00 1,809.00 1,839.00 1,844.00 1,848.00 1,852.00 1,857.00 1,861.00 1,865.00 1,870.00 1,874.00 1,878.00 1,883.00 1,887.00 1,891.00 1,896.00 1,904.00 1,911.00 1,918.00 1,925.00 1,932.00 1,939.00 1,947.00 1,954.00 1,961.00 1,968.00 1,975.00 1,982.00 1,989.00 2,001.00 2,006.00 2,011.00 2,015.00 2,020.00 2,025.00 2,029.00 2,034.00 2,039.00 2,044.00 2,048.00 2,053.00 2,058.00 2,063.00 2,071.00 2,079.00 2,087.00 2,094.00 2,102.00 2,110.00 2,118.00 2,126.00 2,133.00 2,141.00 2,149.00 2,157.00 2,164.00 5376 JOURNAL OF THE HOUSE 6,350.00 6,400.00 6,450.00 6,500.00 6,550.00 6,600.00 6,650.00 6,700.00 6,750.00 6,800.00 6,850.00 6,900.00 6,950.00 7,000.00 7,050.00 7,100.00 7,150.00 7,200.00 7,250.00 7,300.00 7,350.00 7,400.00 7,450.00 7,500.00 7,550.00 7,600.00 7,650.00 1,015.00 1,018.00 1,023.00 1,027.00 1,031.00 1,035.00 1,039.00 1,043.00 1,047.00 1,051.00 1,055.00 1,059.00 1,063.00 1,067.00 1,071.00 1,075.00 1,079.00 1,083.00 1,087.00 1,092.00 1,096.00 1,100.00 1,104.00 1,108.00 1,112.00 1,116.00 1,117.00 1,421.00 1,426.00 1,432.00 1,437.00 1,442.00 1,448.00 1,453.00 1,459.00 1,464.00 1,470.00 1,475.00 1,480.00 1,486.00 1,491.00 1,497.00 1,502.00 1,508.00 1,513.00 1,518.00 1,524.00 1,529.00 1,535.00 1,540.00 1,546.00 1,552.00 1,556.00 1,557.00 1,628.00 1,633.00 1,639.00 1,646.00 1,652.00 1,658.00 1,664.00 1,670.00 1,676.00 1,682.00 1,688.00 1,694.00 1,700.00 1,706.00 1,712.00 1,718.00 1,724.00 1,730.00 1,736.00 1,742.00 1,748.00 1,755.00 1,761.00 1,767.00 1,773.00 1,778.00 1,779.00 1,815.00 1,821.00 1,828.00 1,835.00 1,841.00 1,848.00 1,855.00 1,862.00 1,869.00 1,875.00 1,882.00 1,889.00 1,896.00 1,902.00 1,909.00 1,916.00 1,923.00 1,929.00 1,936.00 1,943.00 1,950.00 1,956.00 1,963.00 1,970.00 1,977.00 1,983.00 1,984.00 1,996.00 2,003.00 2,011.00 2,018.00 2,026.00 2,033.00 2,040.00 2,048.00 2,055.00 2,063.00 2,070.00 2,078.00 2,085.00 2,092.00 2,100.00 2,107.00 2,115.00 2,122.00 2,130.00 2,137.00 2,144.00 2,152.00 2,159.00 2,167.00 2,175.00 2,181.00 2,182.00 2,172.00 2,180.00 2,188.00 2,196.00 2,204.00 2,212.00 2,220.00 2,228.00 2,236.00 2,244.00 2,252.00 2,260.00 2,269.00 2,277.00 2,285.00 2,293.00 2,301.00 2,309.00 2,317.00 2,325.00 2,333.00 2,341.00 2,349.00 2,357.00 2,366.00 2,373.00 2,375.00 THURSDAY, MARCH 30, 2006 5377 7,700.00 7,750.00 7,800.00 7,850.00 7,900.00 7,950.00 8,000.00 8,050.00 8,100.00 8,150.00 8,200.00 8,250.00 8,300.00 8,350.00 8,400.00 8,450.00 8,500.00 8,550.00 8,600.00 8,650.00 8,700.00 8,750.00 8,800.00 8,850.00 8,900.00 8,950.00 9,000.00 1,118.00 1,119.00 1,120.00 1,122.00 1,123.00 1,124.00 1,125.00 1,127.00 1,128.00 1,129.00 1,130.00 1,131.00 1,133.00 1,134.00 1,135.00 1,136.00 1,138.00 1,139.00 1,140.00 1,141.00 1,142.00 1,144.00 1,145.00 1,146.00 1,147.00 1,149.00 1,150.00 1,559.00 1,560.00 1,562.00 1,563.00 1,565.00 1,566.00 1,567.00 1,569.00 1,570.00 1,572.00 1,573.00 1,575.00 1,576.00 1,578.00 1,579.00 1,580.00 1,582.00 1,583.00 1,585.00 1,586.00 1,588.00 1,589.00 1,591.00 1,592.00 1,593.00 1,595.00 1,596.00 1,781.00 1,782.00 1,784.00 1,785.00 1,786.00 1,788.00 1,789.00 1,790.00 1,792.00 1,793.00 1,795.00 1,796.00 1,797.00 1,799.00 1,800.00 1,802.00 1,803.00 1,804.00 1,806.00 1,807.00 1,808.00 1,810.00 1,811.00 1,813.00 1,814.00 1,815.00 1,817.00 1,986.00 1,987.00 1,989.00 1,990.00 1,992.00 1,993.00 1,995.00 1,996.00 1,998.00 1,999.00 2,001.00 2,003.00 2,004.00 2,006.00 2,007.00 2,009.00 2,010.00 2,012.00 2,013.00 2,015.00 2,016.00 2,018.00 2,019.00 2,021.00 2,023.00 2,024.00 2,026.00 2,184.00 2,186.00 2,188.00 2,189.00 2,191.00 2,193.00 2,194.00 2,196.00 2,198.00 2,199.00 2,201.00 2,203.00 2,204.00 2,206.00 2,208.00 2,210.00 2,211.00 2,213.00 2,215.00 2,216.00 2,218.00 2,220.00 2,221.00 2,223.00 2,225.00 2,226.00 2,228.00 2,376.00 2,378.00 2,380.00 2,382.00 2,384.00 2,386.00 2,387.00 2,389.00 2,391.00 2,393.00 2,395.00 2,397.00 2,398.00 2,400.00 2,402.00 2,404.00 2,406.00 2,408.00 2,410.00 2,411.00 2,413.00 2,415.00 2,417.00 2,419.00 2,421.00 2,422.00 2,424.00 5378 JOURNAL OF THE HOUSE 9,050.00 1,153.00 9,100.00 1,159.00 9,150.00 1,164.00 9,200.00 1,170.00 9,250.00 1,175.00 9,300.00 1,181.00 9,350.00 1,187.00 9,400.00 1,192.00 9,450.00 1,198.00 9,500.00 1,203.00 9,550.00 1,209.00 9,600.00 1,214.00 9,650.00 1,220.00 9,700.00 1,226.00 9,750.00 1,231.00 9,800.00 1,237.00 9,850.00 1,242.00 9,900.00 1,248.00 9,950.00 1,253.00 10,000.00 1,259.00 10,050.00 1,264.00 10,100.00 1,270.00 10,150.00 1,276.00 10,200.00 1,281.00 10,250.00 1,287.00 10,300.00 1,292.00 10,350.00 1,298.00 1,601.00 1,609.00 1,617.00 1,624.00 1,632.00 1,640.00 1,648.00 1,656.00 1,663.00 1,671.00 1,679.00 1,687.00 1,694.00 1,702.00 1,710.00 1,718.00 1,725.00 1,733.00 1,741.00 1,749.00 1,757.00 1,764.00 1,772.00 1,780.00 1,788.00 1,795.00 1,803.00 1,822.00 1,831.00 1,840.00 1,849.00 1,858.00 1,867.00 1,876.00 1,885.00 1,894.00 1,902.00 1,911.00 1,920.00 1,929.00 1,938.00 1,947.00 1,956.00 1,965.00 1,974.00 1,983.00 1,992.00 2,001.00 2,010.00 2,019.00 2,028.00 2,036.00 2,045.00 2,054.00 2,032.00 2,042.00 2,052.00 2,062.00 2,071.00 2,081.00 2,091.00 2,101.00 2,111.00 2,121.00 2,131.00 2,141.00 2,151.00 2,161.00 2,171.00 2,181.00 2,191.00 2,201.00 2,211.00 2,221.00 2,231.00 2,241.00 2,251.00 2,261.00 2,271.00 2,281.00 2,291.00 2,235.00 2,246.00 2,257.00 2,268.00 2,279.00 2,290.00 2,301.00 2,311.00 2,322.00 2,333.00 2,344.00 2,355.00 2,366.00 2,377.00 2,388.00 2,399.00 2,410.00 2,421.00 2,432.00 2,443.00 2,454.00 2,465.00 2,476.00 2,487.00 2,498.00 2,509.00 2,520.00 2,431.00 2,443.00 2,455.00 2,467.00 2,479.00 2,491.00 2,503.00 2,515.00 2,527.00 2,539.00 2,551.00 2,563.00 2,574.00 2,586.00 2,598.00 2,610.00 2,622.00 2,634.00 2,646.00 2,658.00 2,670.00 2,682.00 2,694.00 2,706.00 2,718.00 2,729.00 2,741.00 THURSDAY, MARCH 30, 2006 5379 10,400.00 1,303.00 10,450.00 1,309.00 10,500.00 1,313.00 10,550.00 1,317.00 10,600.00 1,321.00 10,650.00 1,325.00 10,700.00 1,329.00 10,750.00 1,332.00 10,800.00 1,336.00 10,850.00 1,340.00 10,900.00 1,344.00 10,950.00 1,348.00 11,000.00 1,351.00 11,050.00 1,355.00 11,100.00 1,359.00 11,150.00 1,363.00 11,200.00 1,367.00 11,250.00 1,371.00 11,300.00 1,374.00 11,350.00 1,378.00 11,400.00 1,382.00 11,450.00 1,386.00 11,500.00 1,390.00 11,550.00 1,394.00 11,600.00 1,397.00 11,650.00 1,401.00 11,700.00 1,405.00 1,811.00 1,819.00 1,825.00 1,830.00 1,835.00 1,841.00 1,846.00 1,851.00 1,856.00 1,862.00 1,867.00 1,872.00 1,877.00 1,883.00 1,888.00 1,893.00 1,898.00 1,904.00 1,909.00 1,914.00 1,919.00 1,925.00 1,930.00 1,935.00 1,940.00 1,946.00 1,951.00 2,063.00 2,072.00 2,079.00 2,085.00 2,091.00 2,096.00 2,102.00 2,108.00 2,114.00 2,120.00 2,126.00 2,131.00 2,137.00 2,143.00 2,149.00 2,155.00 2,161.00 2,166.00 2,172.00 2,178.00 2,184.00 2,190.00 2,195.00 2,201.00 2,207.00 2,213.00 2,219.00 2,301.00 2,311.00 2,318.00 2,325.00 2,331.00 2,338.00 2,344.00 2,351.00 2,357.00 2,364.00 2,370.00 2,377.00 2,383.00 2,390.00 2,396.00 2,403.00 2,409.00 2,415.00 2,422.00 2,428.00 2,435.00 2,441.00 2,448.00 2,454.00 2,461.00 2,467.00 2,474.00 2,531.00 2,542.00 2,550.00 2,557.00 2,564.00 2,571.00 2,578.00 2,586.00 2,593.00 2,600.00 2,607.00 2,614.00 2,621.00 2,628.00 2,636.00 2,643.00 2,650.00 2,657.00 2,664.00 2,671.00 2,678.00 2,686.00 2,693.00 2,700.00 2,707.00 2,714.00 2,721.00 2,753.00 2,765.00 2,774.00 2,782.00 2,790.00 2,798.00 2,805.00 2,813.00 2,821.00 2,829.00 2,836.00 2,844.00 2,852.00 2,860.00 2,868.00 2,875.00 2,883.00 2,891.00 2,899.00 2,906.00 2,914.00 2,922.00 2,930.00 2,938.00 2,945.00 2,953.00 2,961.00 5380 JOURNAL OF THE HOUSE 11,750.00 1,409.00 11,800.00 1,413.00 11,850.00 1,417.00 11,900.00 1,420.00 11,950.00 1,424.00 12,000.00 1,428.00 12,050.00 1,432.00 12,100.00 1,436.00 12,150.00 1,439.00 12,200.00 1,443.00 12,250.00 1,447.00 12,300.00 1,451.00 12,350.00 1,455.00 12,400.00 1,459.00 12,450.00 1,462.00 12,500.00 1,466.00 12,550.00 1,470.00 12,600.00 1,474.00 12,650.00 1,477.00 12,700.00 1,481.00 12,750.00 1,484.00 12,800.00 1,487.00 12,850.00 1,491.00 12,900.00 1,494.00 12,950.00 1,497.00 13,000.00 1,501.00 13,050.00 1,504.00 1,956.00 1,961.00 1,967.00 1,972.00 1,977.00 1,982.00 1,988.00 1,993.00 1,998.00 2,003.00 2,009.00 2,014.00 2,019.00 2,024.00 2,030.00 2,035.00 2,040.00 2,045.00 2,050.00 2,055.00 2,060.00 2,064.00 2,069.00 2,074.00 2,078.00 2,083.00 2,087.00 2,225.00 2,230.00 2,236.00 2,242.00 2,248.00 2,254.00 2,260.00 2,265.00 2,271.00 2,277.00 2,283.00 2,289.00 2,295.00 2,300.00 2,306.00 2,312.00 2,318.00 2,324.00 2,329.00 2,335.00 2,340.00 2,345.00 2,351.00 2,356.00 2,361.00 2,367.00 2,372.00 2,480.00 2,487.00 2,493.00 2,500.00 2,506.00 2,513.00 2,519.00 2,526.00 2,532.00 2,539.00 2,545.00 2,552.00 2,558.00 2,565.00 2,571.00 2,578.00 2,584.00 2,591.00 2,597.00 2,603.00 2,609.00 2,615.00 2,621.00 2,627.00 2,633.00 2,639.00 2,645.00 2,728.00 2,736.00 2,743.00 2,750.00 2,757.00 2,764.00 2,771.00 2,779.00 2,786.00 2,793.00 2,800.00 2,807.00 2,814.00 2,821.00 2,829.00 2,836.00 2,843.00 2,850.00 2,857.00 2,863.00 2,870.00 2,877.00 2,883.00 2,890.00 2,896.00 2,903.00 2,909.00 2,969.00 2,976.00 2,984.00 2,992.00 3,000.00 3,007.00 3,015.00 3,023.00 3,031.00 3,039.00 3,046.00 3,054.00 3,062.00 3,070.00 3,077.00 3,085.00 3,093.00 3,101.00 3,108.00 3,115.00 3,123.00 3,130.00 3,137.00 3,144.00 3,151.00 3,158.00 3,165.00 THURSDAY, MARCH 30, 2006 5381 13,100.00 1,507.00 13,150.00 1,510.00 13,200.00 1,514.00 13,250.00 1,517.00 13,300.00 1,520.00 13,350.00 1,523.00 13,400.00 1,526.00 13,450.00 1,529.00 13,500.00 1,532.00 13,550.00 1,535.00 13,600.00 1,538.00 13,650.00 1,541.00 13,700.00 1,544.00 13,750.00 1,547.00 13,800.00 1,550.00 13,850.00 1,553.00 13,900.00 1,556.00 13,950.00 1,559.00 14,000.00 1,562.00 14,050.00 1,565.00 14,100.00 1,568.00 14,150.00 1,571.00 14,200.00 1,574.00 14,250.00 1,577.00 14,300.00 1,581.00 14,350.00 1,584.00 14,400.00 1,587.00 2,092.00 2,097.00 2,101.00 2,106.00 2,110.00 2,114.00 2,118.00 2,123.00 2,127.00 2,131.00 2,136.00 2,140.00 2,144.00 2,148.00 2,153.00 2,157.00 2,161.00 2,166.00 2,170.00 2,174.00 2,178.00 2,183.00 2,187.00 2,191.00 2,195.00 2,200.00 2,204.00 2,377.00 2,383.00 2,388.00 2,393.00 2,398.00 2,403.00 2,408.00 2,413.00 2,418.00 2,423.00 2,428.00 2,432.00 2,437.00 2,442.00 2,447.00 2,452.00 2,457.00 2,462.00 2,467.00 2,472.00 2,477.00 2,482.00 2,487.00 2,492.00 2,497.00 2,502.00 2,506.00 2,651.00 2,657.00 2,663.00 2,668.00 2,674.00 2,679.00 2,685.00 2,690.00 2,696.00 2,701.00 2,707.00 2,712.00 2,718.00 2,723.00 2,729.00 2,734.00 2,740.00 2,745.00 2,751.00 2,756.00 2,762.00 2,767.00 2,773.00 2,778.00 2,784.00 2,789.00 2,795.00 2,916.00 2,922.00 2,929.00 2,935.00 2,941.00 2,947.00 2,953.00 2,959.00 2,965.00 2,971.00 2,977.00 2,983.00 2,989.00 2,996.00 3,002.00 3,008.00 3,014.00 3,020.00 3,026.00 3,032.00 3,038.00 3,044.00 3,050.00 3,056.00 3,062.00 3,068.00 3,074.00 3,172.00 3,180.00 3,187.00 3,193.00 3,200.00 3,206.00 3,213.00 3,220.00 3,226.00 3,233.00 3,239.00 3,246.00 3,253.00 3,259.00 3,266.00 3,272.00 3,279.00 3,285.00 3,292.00 3,299.00 3,305.00 3,312.00 3,318.00 3,325.00 3,332.00 3,338.00 3,345.00 5382 JOURNAL OF THE HOUSE 14,450.00 1,590.00 14,500.00 1,593.00 14,550.00 1,596.00 14,600.00 1,599.00 14,650.00 1,602.00 14,700.00 1,605.00 14,750.00 1,608.00 14,800.00 1,611.00 14,850.00 1,614.00 14,900.00 1,617.00 14,950.00 1,620.00 15,000.00 1,623.00 15,050.00 1,626.00 15,100.00 1,629.00 15,150.00 1,632.00 15,200.00 1,635.00 15,250.00 1,638.00 15,300.00 1,641.00 15,350.00 1,644.00 15,400.00 1,647.00 15,450.00 1,650.00 15,500.00 1,653.00 15,550.00 1,656.00 15,600.00 1,659.00 15,650.00 1,663.00 15,700.00 1,666.00 15,750.00 1,669.00 2,208.00 2,213.00 2,217.00 2,221.00 2,225.00 2,230.00 2,234.00 2,238.00 2,243.00 2,247.00 2,251.00 2,255.00 2,260.00 2,264.00 2,268.00 2,272.00 2,277.00 2,281.00 2,285.00 2,290.00 2,294.00 2,298.00 2,302.00 2,307.00 2,311.00 2,315.00 2,320.00 2,511.00 2,516.00 2,521.00 2,526.00 2,531.00 2,536.00 2,541.00 2,546.00 2,551.00 2,556.00 2,561.00 2,566.00 2,571.00 2,576.00 2,581.00 2,585.00 2,590.00 2,595.00 2,600.00 2,605.00 2,610.00 2,615.00 2,620.00 2,625.00 2,630.00 2,635.00 2,640.00 2,800.00 2,806.00 2,811.00 2,817.00 2,822.00 2,828.00 2,833.00 2,839.00 2,844.00 2,850.00 2,855.00 2,861.00 2,866.00 2,872.00 2,877.00 2,883.00 2,888.00 2,894.00 2,899.00 2,905.00 2,910.00 2,916.00 2,921.00 2,927.00 2,932.00 2,938.00 2,943.00 3,080.00 3,086.00 3,092.00 3,098.00 3,104.00 3,111.00 3,117.00 3,123.00 3,129.00 3,135.00 3,141.00 3,147.00 3,153.00 3,159.00 3,165.00 3,171.00 3,177.00 3,183.00 3,189.00 3,195.00 3,201.00 3,207.00 3,213.00 3,219.00 3,226.00 3,232.00 3,238.00 3,351.00 3,358.00 3,365.00 3,371.00 3,378.00 3,384.00 3,391.00 3,397.00 3,404.00 3,411.00 3,417.00 3,424.00 3,430.00 3,437.00 3,444.00 3,450.00 3,457.00 3,463.00 3,470.00 3,476.00 3,483.00 3,490.00 3,496.00 3,503.00 3,509.00 3,516.00 3,523.00 THURSDAY, MARCH 30, 2006 5383 15,800.00 1,672.00 15,850.00 1,675.00 15,900.00 1,678.00 15,950.00 1,681.00 16,000.00 1,684.00 16,050.00 1,687.00 16,100.00 1,690.00 16,150.00 1,692.00 16,200.00 1,695.00 16,250.00 1,698.00 16,300.00 1,700.00 16,350.00 1,703.00 16,400.00 1,706.00 16,450.00 1,708.00 16,500.00 1,711.00 16,550.00 1,714.00 16,600.00 1,716.00 16,650.00 1,719.00 16,700.00 1,722.00 16,750.00 1,724.00 16,800.00 1,727.00 16,850.00 1,730.00 16,900.00 1,732.00 16,950.00 1,735.00 17,000.00 1,737.00 17,050.00 1,740.00 17,100.00 1,743.00 2,324.00 2,328.00 2,332.00 2,337.00 2,341.00 2,345.00 2,349.00 2,353.00 2,356.00 2,360.00 2,363.00 2,367.00 2,370.00 2,374.00 2,377.00 2,381.00 2,384.00 2,388.00 2,391.00 2,395.00 2,398.00 2,402.00 2,405.00 2,409.00 2,412.00 2,416.00 2,419.00 2,645.00 2,650.00 2,655.00 2,659.00 2,664.00 2,669.00 2,674.00 2,678.00 2,682.00 2,686.00 2,689.00 2,693.00 2,697.00 2,701.00 2,705.00 2,708.00 2,712.00 2,716.00 2,720.00 2,724.00 2,728.00 2,731.00 2,735.00 2,739.00 2,743.00 2,747.00 2,750.00 2,949.00 2,954.00 2,960.00 2,965.00 2,971.00 2,976.00 2,982.00 2,986.00 2,990.00 2,994.00 2,999.00 3,003.00 3,007.00 3,011.00 3,016.00 3,020.00 3,024.00 3,028.00 3,033.00 3,037.00 3,041.00 3,045.00 3,050.00 3,054.00 3,058.00 3,062.00 3,067.00 3,244.00 3,250.00 3,256.00 3,262.00 3,268.00 3,274.00 3,280.00 3,285.00 3,289.00 3,294.00 3,299.00 3,303.00 3,308.00 3,313.00 3,317.00 3,322.00 3,327.00 3,331.00 3,336.00 3,341.00 3,345.00 3,350.00 3,355.00 3,359.00 3,364.00 3,369.00 3,373.00 3,529.00 3,536.00 3,542.00 3,549.00 3,555.00 3,562.00 3,569.00 3,574.00 3,579.00 3,584.00 3,589.00 3,594.00 3,599.00 3,604.00 3,609.00 3,614.00 3,619.00 3,624.00 3,630.00 3,635.00 3,640.00 3,645.00 3,650.00 3,655.00 3,660.00 3,665.00 3,670.00 5384 JOURNAL OF THE HOUSE 17,150.00 1,745.00 17,200.00 1,748.00 17,250.00 1,751.00 17,300.00 1,753.00 17,350.00 1,756.00 17,400.00 1,759.00 17,450.00 1,761.00 17,500.00 1,764.00 17,550.00 1,767.00 17,600.00 1,769.00 17,650.00 1,772.00 17,700.00 1,774.00 17,750.00 1,777.00 17,800.00 1,780.00 17,850.00 1,782.00 17,900.00 1,785.00 17,950.00 1,788.00 18,000.00 1,790.00 18,050.00 1,793.00 18,100.00 1,796.00 18,150.00 1,798.00 18,200.00 1,801.00 18,250.00 1,804.00 18,300.00 1,806.00 18,350.00 1,809.00 18,400.00 1,812.00 18,450.00 1,814.00 2,423.00 2,426.00 2,430.00 2,433.00 2,437.00 2,440.00 2,444.00 2,447.00 2,451.00 2,454.00 2,458.00 2,461.00 2,465.00 2,468.00 2,472.00 2,475.00 2,478.00 2,482.00 2,485.00 2,489.00 2,492.00 2,496.00 2,499.00 2,503.00 2,506.00 2,510.00 2,513.00 2,754.00 2,758.00 2,762.00 2,766.00 2,769.00 2,773.00 2,777.00 2,781.00 2,785.00 2,788.00 2,792.00 2,796.00 2,800.00 2,804.00 2,808.00 2,811.00 2,815.00 2,819.00 2,823.00 2,827.00 2,830.00 2,834.00 2,838.00 2,842.00 2,846.00 2,849.00 2,853.00 3,071.00 3,075.00 3,079.00 3,084.00 3,088.00 3,092.00 3,096.00 3,101.00 3,105.00 3,109.00 3,113.00 3,118.00 3,122.00 3,126.00 3,130.00 3,135.00 3,139.00 3,143.00 3,147.00 3,152.00 3,156.00 3,160.00 3,164.00 3,169.00 3,173.00 3,177.00 3,181.00 3,378.00 3,383.00 3,387.00 3,392.00 3,397.00 3,401.00 3,406.00 3,411.00 3,415.00 3,420.00 3,425.00 3,429.00 3,434.00 3,439.00 3,443.00 3,448.00 3,453.00 3,457.00 3,462.00 3,467.00 3,471.00 3,476.00 3,481.00 3,485.00 3,490.00 3,495.00 3,499.00 3,675.00 3,680.00 3,685.00 3,691.00 3,696.00 3,701.00 3,706.00 3,711.00 3,716.00 3,721.00 3,726.00 3,731.00 3,736.00 3,741.00 3,746.00 3,752.00 3,757.00 3,762.00 3,767.00 3,772.00 3,777.00 3,782.00 3,787.00 3,792.00 3,797.00 3,802.00 3,807.00 THURSDAY, MARCH 30, 2006 5385 18,500.00 1,817.00 18,550.00 1,819.00 18,600.00 1,822.00 18,650.00 1,825.00 18,700.00 1,827.00 18,750.00 1,830.00 18,800.00 1,833.00 18,850.00 1,835.00 18,900.00 1,838.00 18,950.00 1,841.00 19,000.00 1,843.00 19,050.00 1,846.00 19,100.00 1,849.00 19,150.00 1,851.00 19,200.00 1,854.00 19,250.00 1,856.00 19,300.00 1,859.00 19,350.00 1,862.00 19,400.00 1,864.00 19,450.00 1,867.00 19,500.00 1,870.00 19,550.00 1,872.00 19,600.00 1,875.00 19,650.00 1,878.00 19,700.00 1,880.00 19,750.00 1,883.00 19,800.00 1,886.00 2,517.00 2,520.00 2,524.00 2,527.00 2,531.00 2,534.00 2,538.00 2,541.00 2,545.00 2,548.00 2,552.00 2,555.00 2,559.00 2,562.00 2,566.00 2,569.00 2,573.00 2,576.00 2,580.00 2,583.00 2,587.00 2,590.00 2,594.00 2,597.00 2,601.00 2,604.00 2,608.00 2,857.00 2,861.00 2,865.00 2,868.00 2,872.00 2,876.00 2,880.00 2,884.00 2,888.00 2,891.00 2,895.00 2,899.00 2,903.00 2,907.00 2,910.00 2,914.00 2,918.00 2,922.00 2,926.00 2,929.00 2,933.00 2,937.00 2,941.00 2,945.00 2,948.00 2,952.00 2,956.00 3,186.00 3,190.00 3,194.00 3,198.00 3,203.00 3,207.00 3,211.00 3,215.00 3,220.00 3,224.00 3,228.00 3,232.00 3,237.00 3,241.00 3,245.00 3,249.00 3,254.00 3,258.00 3,262.00 3,266.00 3,271.00 3,275.00 3,279.00 3,283.00 3,288.00 3,292.00 3,296.00 3,504.00 3,509.00 3,513.00 3,518.00 3,523.00 3,528.00 3,532.00 3,537.00 3,542.00 3,546.00 3,551.00 3,556.00 3,560.00 3,565.00 3,570.00 3,574.00 3,579.00 3,584.00 3,588.00 3,593.00 3,598.00 3,602.00 3,607.00 3,612.00 3,616.00 3,621.00 3,626.00 3,813.00 3,818.00 3,823.00 3,828.00 3,833.00 3,838.00 3,843.00 3,848.00 3,853.00 3,858.00 3,863.00 3,868.00 3,874.00 3,879.00 3,884.00 3,889.00 3,894.00 3,899.00 3,904.00 3,909.00 3,914.00 3,919.00 3,924.00 3,929.00 3,935.00 3,940.00 3,945.00 5386 JOURNAL OF THE HOUSE 19,850.00 1,888.00 19,900.00 1,891.00 19,950.00 1,893.00 20,000.00 1,896.00 20,050.00 1,899.00 20,100.00 1,901.00 20,150.00 1,904.00 20,200.00 1,907.00 20,250.00 1,909.00 20,300.00 1,912.00 20,350.00 1,915.00 20,400.00 1,917.00 20,450.00 1,920.00 20,500.00 1,923.00 20,550.00 1,925.00 20,600.00 1,928.00 20,650.00 1,931.00 20,700.00 1,933.00 20,750.00 1,936.00 20,800.00 1,938.00 20,850.00 1,941.00 20,900.00 1,944.00 20,950.00 1,946.00 21,000.00 1,949.00 21,050.00 1,952.00 21,100.00 1,954.00 21,150.00 1,957.00 2,611.00 2,615.00 2,618.00 2,622.00 2,625.00 2,628.00 2,632.00 2,635.00 2,639.00 2,642.00 2,646.00 2,649.00 2,653.00 2,656.00 2,660.00 2,663.00 2,667.00 2,670.00 2,674.00 2,677.00 2,681.00 2,684.00 2,688.00 2,691.00 2,695.00 2,698.00 2,702.00 2,960.00 2,964.00 2,967.00 2,971.00 2,975.00 2,979.00 2,983.00 2,987.00 2,990.00 2,994.00 2,998.00 3,002.00 3,006.00 3,009.00 3,013.00 3,017.00 3,021.00 3,025.00 3,028.00 3,032.00 3,036.00 3,040.00 3,044.00 3,047.00 3,051.00 3,055.00 3,059.00 3,300.00 3,305.00 3,309.00 3,313.00 3,317.00 3,321.00 3,326.00 3,330.00 3,334.00 3,338.00 3,343.00 3,347.00 3,351.00 3,355.00 3,360.00 3,364.00 3,368.00 3,372.00 3,377.00 3,381.00 3,385.00 3,389.00 3,394.00 3,398.00 3,402.00 3,406.00 3,411.00 3,630.00 3,635.00 3,640.00 3,644.00 3,649.00 3,654.00 3,658.00 3,663.00 3,668.00 3,672.00 3,677.00 3,682.00 3,686.00 3,691.00 3,696.00 3,700.00 3,705.00 3,710.00 3,714.00 3,719.00 3,724.00 3,728.00 3,733.00 3,738.00 3,742.00 3,747.00 3,752.00 3,950.00 3,955.00 3,960.00 3,965.00 3,970.00 3,975.00 3,980.00 3,985.00 3,990.00 3,996.00 4,001.00 4,006.00 4,011.00 4,016.00 4,021.00 4,026.00 4,031.00 4,036.00 4,041.00 4,046.00 4,051.00 4,056.00 4,062.00 4,067.00 4,072.00 4,077.00 4,082.00 THURSDAY, MARCH 30, 2006 5387 21,200.00 1,960.00 21,250.00 1,962.00 21,300.00 1,965.00 21,350.00 1,968.00 21,400.00 1,970.00 21,450.00 1,973.00 21,500.00 1,975.00 21,550.00 1,978.00 21,600.00 1,981.00 21,650.00 1,983.00 21,700.00 1,986.00 21,750.00 1,989.00 21,800.00 1,991.00 21,850.00 1,994.00 21,900.00 1,997.00 21,950.00 1,999.00 22,000.00 2,002.00 22,050.00 2,005.00 22,100.00 2,007.00 22,150.00 2,010.00 22,200.00 2,012.00 22,250.00 2,015.00 22,300.00 2,018.00 22,350.00 2,020.00 22,400.00 2,022.00 22,450.00 2,024.00 22,500.00 2,025.00 2,705.00 2,709.00 2,712.00 2,716.00 2,719.00 2,723.00 2,726.00 2,730.00 2,733.00 2,737.00 2,740.00 2,744.00 2,747.00 2,751.00 2,754.00 2,758.00 2,761.00 2,765.00 2,768.00 2,772.00 2,775.00 2,779.00 2,782.00 2,785.00 2,788.00 2,790.00 2,792.00 3,063.00 3,067.00 3,070.00 3,074.00 3,078.00 3,082.00 3,086.00 3,089.00 3,093.00 3,097.00 3,101.00 3,105.00 3,108.00 3,112.00 3,116.00 3,120.00 3,124.00 3,127.00 3,131.00 3,135.00 3,139.00 3,143.00 3,147.00 3,150.00 3,153.00 3,155.00 3,157.00 3,415.00 3,419.00 3,423.00 3,428.00 3,432.00 3,436.00 3,440.00 3,445.00 3,449.00 3,453.00 3,457.00 3,462.00 3,466.00 3,470.00 3,474.00 3,479.00 3,483.00 3,487.00 3,491.00 3,496.00 3,500.00 3,504.00 3,508.00 3,513.00 3,515.00 3,517.00 3,520.00 3,756.00 3,761.00 3,766.00 3,770.00 3,775.00 3,780.00 3,784.00 3,789.00 3,794.00 3,798.00 3,803.00 3,808.00 3,812.00 3,817.00 3,822.00 3,827.00 3,831.00 3,836.00 3,841.00 3,845.00 3,850.00 3,855.00 3,859.00 3,864.00 3,867.00 3,869.00 3,872.00 4,087.00 4,092.00 4,097.00 4,102.00 4,107.00 4,112.00 4,117.00 4,123.00 4,128.00 4,133.00 4,138.00 4,143.00 4,148.00 4,153.00 4,158.00 4,163.00 4,168.00 4,173.00 4,178.00 4,184.00 4,189.00 4,194.00 4,199.00 4,204.00 4,207.00 4,210.00 4,212.00 5388 JOURNAL OF THE HOUSE 22,550.00 2,027.00 22,600.00 2,028.00 22,650.00 2,029.00 22,700.00 2,031.00 22,750.00 2,032.00 22,800.00 2,034.00 22,850.00 2,035.00 22,900.00 2,036.00 22,950.00 2,038.00 23,000.00 2,039.00 23,050.00 2,041.00 23,100.00 2,042.00 23,150.00 2,044.00 23,200.00 2,045.00 23,250.00 2,046.00 23,300.00 2,048.00 23,350.00 2,049.00 23,400.00 2,051.00 23,450.00 2,052.00 23,500.00 2,053.00 23,550.00 2,055.00 23,600.00 2,056.00 23,650.00 2,058.00 23,700.00 2,059.00 23,750.00 2,061.00 23,800.00 2,062.00 23,850.00 2,063.00 2,793.00 2,795.00 2,797.00 2,799.00 2,801.00 2,803.00 2,804.00 2,806.00 2,808.00 2,810.00 2,812.00 2,814.00 2,816.00 2,817.00 2,819.00 2,821.00 2,823.00 2,825.00 2,827.00 2,828.00 2,830.00 2,832.00 2,834.00 2,836.00 2838.00 2,840.00 2,841.00 3,158.00 3,160.00 3,162.00 3,164.00 3,166.00 3,168.00 3,169.00 3,171.00 3,173.00 3,175.00 3,177.00 3,179.00 3,181.00 3,182.00 3,184.00 3,186.00 3,188.00 3,190.00 3,192.00 3,193.00 3,195.00 3,197.00 3,199.00 3,201.00 3,203.00 3,204.00 3,206.00 3,522.00 3,524.00 3,526.00 3,528.00 3,530.00 3,532.00 3,534.00 3,536.00 3,538.00 3,540.00 3,542.00 3,544.00 3,546.00 3,548.00 3,550.00 3,552.00 3,555.00 3,557.00 3,559.00 3,561.00 3,563.00 3,565.00 3,567.00 3,569.00 3,571.00 3,573.00 3,575.00 3,874.00 3,876.00 3,878.00 3,881.00 3,883.00 3,885.00 3,888.00 3,890.00 3,892.00 3,894.00 3,897.00 3,899.00 3,901.00 3,904.00 3,906.00 3,908.00 3,910.00 3,913.00 3,915.00 3,917.00 3,919.00 3,922.00 3,924.00 3,926.00 3,929.00 3,931.00 3,933.00 4,215.00 4,217.00 4,220.00 4,222.00 4,225.00 4,227.00 4,230.00 4,232.00 4,235.00 4,237.00 4,240.00 4,242.00 4,245.00 4,247.00 4,250.00 4,252.00 4,254.00 4,257.00 4,259.00 4,262.00 4,264.00 4,267.00 4,269.00 4,272.00 4,274.00 4,277.00 4,279.00 THURSDAY, MARCH 30, 2006 5389 23,900.00 2,065.00 23,950.00 2,066.00 24,000.00 2,068.00 24,050.00 2,069.00 24,100.00 2,070.00 24,150.00 2,072.00 24,200.00 2,073.00 24,250.00 2,075.00 24,300.00 2,076.00 24,350.00 2,077.00 24,400.00 2,079.00 24,450.00 2,080.00 24,500.00 2,082.00 24,550.00 2,083.00 24,600.00 2,085.00 24,650.00 2,086.00 24,700.00 2,087.00 24,750.00 2,089.00 24,800.00 2,090.00 24,850.00 2,092.00 24,900.00 2,093.00 24,950.00 2,094.00 25,000.00 2,096.00 25,050.00 2,097.00 25,100.00 2,099.00 25,150.00 2,100.00 25,200.00 2,102.00 2,843.00 2,845.00 2,847.00 2,849.00 2,851.00 2,852.00 2,854.00 2,856.00 2,858.00 2,860.00 2,862.00 2,864.00 2,865.00 2,867.00 2,869.00 2,871.00 2,873.00 2,875.00 2,876.00 2,878.00 2,880.00 2,882.00 2,884.00 2,886.00 2,887.00 2,889.00 2,891.00 3,208.00 3,210.00 3,212.00 3,214.00 3,216.00 3,217.00 3,219.00 3,221.00 3,223.00 3,225.00 3,227.00 3,228.00 3,230.00 3,232.00 3,234.00 3,236.00 3,238.00 3,240.00 3,241.00 3,243.00 3,245.00 3,247.00 3,249.00 3,251.00 3,252.00 3,254.00 3,256.00 3,577.00 3,579.00 3,581.00 3,583.00 3,585.00 3,587.00 3,589.00 3,592.00 3,594.00 3,596.00 3,598.00 3,600.00 3,602.00 3,604.00 3,606.00 3,608.00 3,610.00 3,612.00 3,614.00 3,616.00 3,618.00 3,620.00 3,622.00 3,624.00 3,626.00 3,629.00 3,631.00 3,935.00 3,938.00 3,940.00 3,942.00 3,945.00 3,947.00 3,949.00 3,951.00 3,954.00 3,956.00 3,958.00 3,961.00 3,963.00 3,965.00 3,967.00 3,970.00 3,972.00 3,974.00 3,977.00 3,979.00 3,981.00 3,983.00 3,986.00 3,988.00 3,990.00 3,993.00 3,995.00 4,282.00 4,284.00 4,287.00 4,289.00 4,292.00 4,294.00 4,297.00 4,299.00 4,302.00 4,304.00 4,307.00 4,309.00 4,312.00 4,314.00 4,317.00 4,319.00 4,322.00 4,324.00 4,326.00 4,329.00 4,331.00 4,334.00 4,336.00 4,339.00 4,341.00 4,344.00 4,346.00 5390 JOURNAL OF THE HOUSE 25,250.00 2,103.00 25,300.00 2,104.00 25,350.00 2,106.00 25,400.00 2,107.00 25,450.00 2,109.00 25,500.00 2,110.00 25,550.00 2,111.00 25,600.00 2,113.00 25,650.00 2,114.00 25,700.00 2,116.00 25,750.00 2,117.00 25,800.00 2,119.00 25,850.00 2,120.00 25,900.00 2,121.00 25,950.00 2,123.00 26,000.00 2,124.00 26,050.00 2,126.00 26,100.00 2,127.00 26,150.00 2,128.00 26,200.00 2,130.00 26,250.00 2,131.00 26,300.00 2,133.00 26,350.00 2,134.00 26,400.00 2,136.00 26,450.00 2,137.00 26,500.00 2,138.00 26,550.00 2,140.00 2,893.00 2,895.00 2,897.00 2,899.00 2,900.00 2,902.00 2,904.00 2,906.00 2,908.00 2,910.00 2,911.00 2,913.00 2,915.00 2,917.00 2,919.00 2,921.00 2,923.00 2,924.00 2,926.00 2,928.00 2,930.00 2,932.00 2,934.00 2,935.00 2,937.00 2,939.00 2,941.00 3,258.00 3,260.00 3,262.00 3,264.00 3,265.00 3,267.00 3,269.00 3,271.00 3,273.00 3,275.00 3,276.00 3,278.00 3,280.00 3,282.00 3,284.00 3,286.00 3,287.00 3,289.00 3,291.00 3,293.00 3,295.00 3,297.00 3,299.00 3,300.00 3,302.00 3,304.00 3,306.00 3,633.00 3,635.00 3,637.00 3,639.00 3,641.00 3,643.00 3,645.00 3,647.00 3,649.00 3,651.00 3,653.00 3,655.00 3,657.00 3,659.00 3,661.00 3,663.00 3,666.00 3,668.00 3,670.00 3,672.00 3,674.00 3,676.00 3,678.00 3,680.00 3,682.00 3,684.00 3,686.00 3,997.00 3,999.00 4,002.00 4,004.00 4,006.00 4,009.00 4,011.00 4,013.00 4,015.00 4,018.00 4,020.00 4,022.00 4,024.00 4,027.00 4,029.00 4,031.00 4,034.00 4,036.00 4,038.00 4,040.00 4,043.00 4,045.00 4,047.00 4,050.00 4,052.00 4,054.00 4,056.00 4,349.00 4,351.00 4,354.00 4,356.00 4,359.00 4,361.00 4,364.00 4,366.00 4,369.00 4,371.00 4,374.00 4,376.00 4,379.00 4,381.00 4,384.00 4,386.00 4,389.00 4,391.00 4,394.00 4,396.00 4,399.00 4,401.00 4,403.00 4,406.00 4,408.00 4,411.00 4,413.00 THURSDAY, MARCH 30, 2006 5391 26,600.00 2,141.00 26,650.00 2,143.00 26,700.00 2,144.00 26,750.00 2,145.00 26,800.00 2,147.00 26,850.00 2,148.00 26,900.00 2,150.00 26,950.00 2,151.00 27,000.00 2,153.00 27,050.00 2,154.00 27,100.00 2,155.00 27,150.00 2,157.00 27,200.00 2,158.00 27,250.00 2,160.00 27,300.00 2,161.00 27,350.00 2,162.00 27,400.00 2,164.00 27,450.00 2,165.00 27,500.00 2,167.00 27,550.00 2,168.00 27,600.00 2,170.00 27,650.00 2,171.00 27,700.00 2172.00 27,750.00 2,174.00 27,800.00 2,175.00 27,850.00 2,177.00 27,900.00 2,178.00 2,943.00 2,945.00 2,947.00 2,948.00 2,950.00 2,952.00 2,954.00 2,956.00 2,958.00 2,959.00 2,961.00 2,963.00 2,965.00 2,967.00 2,969.00 2,970.00 2,972.00 2,974.00 2,976.00 2,978.00 2,980.00 2,982.00 2,983.00 2,985.00 2,987.00 2,989.00 2,991.00 3,308.00 3,310.00 3,311.00 3,313.00 3,315.00 3,317.00 3,319.00 3,321.00 3,323.00 3,324.00 3,326.00 3,328.00 3,330.00 3,332.00 3,334.00 3,335.00 3,337.00 3,339.00 3,341.00 3,343.00 3,345.00 3,347.00 3,348.00 3,350.00 3,352.00 3,354.00 3,356.00 3,688.00 3,690.00 3,692.00 3,694.00 3,696.00 3,698.00 3,701.00 3,703.00 3,705.00 3,707.00 3,709.00 3,711.00 3,713.00 3,715.00 3,717.00 3,719.00 3,721.00 3,723.00 3,725.00 3,727.00 3,729.00 3,731.00 3,733.00 3,735.00 3,738.00 3,740.00 3,742.00 4,059.00 4,061.00 4,063.00 4,066.00 4,068.00 4,070.00 4,072.00 4,075.00 4,077.00 4,079.00 4,082.00 4,084.00 4,086.00 4,088.00 4,091.00 4,093.00 4,095.00 4,098.00 4,100.00 4,102.00 4,104.00 4,107.00 4,109.00 4,111.00 4,114.00 4,116.00 4,118.00 4,416.00 4,418.00 4,421.00 4,423.00 4,426.00 4,428.00 4,431.00 4,433.00 4,436.00 4,438.00 4,441.00 4,443.00 4,446.00 4,448.00 4,451.00 4,453.00 4,456.00 4,458.00 4,461.00 4,463.00 4,466.00 4,468.00 4,471.00 4,473.00 4,475.00 4,478.00 4,480.00 5392 JOURNAL OF THE HOUSE 27,950.00 2,179.00 28,000.00 2,181.00 28,050.00 2,182.00 28,100.00 2,184.00 28,150.00 2,185.00 28,200.00 2,186.00 28,250.00 2,188.00 28,300.00 2,189.00 28,350.00 2,190.00 28,400.00 2,192.00 28,450.00 2,193.00 28,500.00 2,194.00 28,550.00 2,196.00 28,600.00 2,197.00 28,650.00 2,199.00 28,700.00 2,200.00 28,750.00 2,201.00 28,800.00 2,203.00 28,850.00 2,204.00 28,900.00 2,205.00 28,950.00 2,207.00 29,000.00 2,208.00 29,050.00 2,210.00 29,100.00 2,211.00 29,150.00 2,212.00 29,200.00 2,214.00 29,250.00 2,215.00 2,993.00 2,994.00 2,996.00 2,998.00 3,000.00 3,001.00 3,003.00 3,005.00 3,007.00 3,009.00 3,010.00 3,012.00 3,014.00 3,016.00 3,017.00 3,019.00 3,021.00 3,023.00 3,025.00 3,026.00 3,028.00 3,030.00 3,032.00 3,034.00 3,035.00 3,037.00 3,039.00 3,357.00 3,359.00 3,361.00 3,363.00 3,365.00 3,366.00 3,368.00 3,370.00 3,372.00 3,374.00 3,375.00 3,377.00 3,379.00 3,381.00 3,382.00 3,384.00 3,386.00 3,388.00 3,390.00 3,391.00 3,393.00 3,395.00 3,397.00 3,398.00 3,400.00 3,402.00 3,404.00 3,744.00 3,746.00 3,748.00 3,750.00 3,752.00 3,754.00 3,756.00 3,758.00 3,759.00 3,761.00 3,763.00 3,765.00 3,767.00 3,769.00 3,771.00 3,773.00 3,775.00 3,777.00 3,779.00 3,781.00 3,783.00 3,785.00 3,787.00 3,789.00 3,791.00 3,793.00 3,795.00 4,120.00 4,122.00 4,125.00 4,127.00 4,129.00 4,131.00 4,133.00 4,136.00 4,138.00 4,140.00 4,142.00 4,145.00 4,147.00 4,149.00 4,151.00 4,153.00 4,156.00 4,158.00 4,160.00 4,162.00 4,164.00 4,167.00 4,169.00 4,171.00 4,173.00 4,175.00 4,178.00 4,483.00 4,485.00 4,488.00 4,490.00 4,492.00 4,495.00 4,497.00 4,500.00 4,502.00 4,504.00 4,507.00 4,509.00 4,512.00 4,514.00 4,516.00 4,519.00 4,521.00 4,524.00 4,526.00 4,528.00 4,531.00 4,533.00 4,536.00 4,538.00 4,540.00 4,543.00 4,545.00 THURSDAY, MARCH 30, 2006 5393 29,300.00 2,216.00 29,350.00 2,218.00 29,400.00 2,219.00 29,450.00 2,220.00 29,500.00 2,222.00 29,550.00 2,223.00 29,600.00 2,225.00 29,650.00 2,226.00 29,700.00 2,227.00 29,750.00 2,229.00 29,800.00 2,230.00 29,850.00 2,231.00 29,900.00 2,233.00 29,950.00 2,234.00 30,000.00 2,236.00 3,041.00 3,042.00 3,044.00 3,046.00 3,048.00 3,050.00 3,051.00 3,053.00 3,055.00 3,057.00 3,058.00 3,060.00 3,062.00 3,064.00 3,066.00 3,406.00 3,407.00 3,409.00 3,411.00 3,413.00 3,415.00 3,416.00 3,418.00 3,420.00 3,422.00 3,423.00 3,425.00 3,427.00 3,429.00 3,431.00 3,797.00 3,799.00 3,801.00 3,803.00 3,805.00 3,807.00 3,809.00 3,811.00 3,813.00 3,815.00 3,817.00 3,819.00 3,821.00 3,823.00 3,825.00 4,180.00 4,182.00 4,184.00 4,186.00 4,189.00 4,191.00 4,193.00 4,195.00 4,197.00 4,200.00 4,202.00 4,204.00 4,206.00 4,208.00 4,211.00 4,548.00 4,550.00 4,552.00 4,555.00 4,557.00 4,560.00 4,562.00 4,564.00 4,567.00 4,569.00 4,572.00 4,574.00 4,576.00 4,579.00 4,581.00" SECTION 5. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 19-6-26, relating to definitions, and inserting in lieu thereof the following: "(1) 'Child support order' means a judgment, decree, or order of a Georgia court or authorized administrative agency requiring the payment of child support in periodic amounts or in a lump sum and includes (A) a permanent or temporary order and (B) an initial order or a modification of an order." SECTION 6. Said title is further amended by striking subsection (b) of Code Section 19-6-34, relating to inclusion of life insurance in an order of support, and inserting in lieu thereof the following: "(b) The amount of the premium for such life insurance shall may be counted as a part of the support ordered considered as a deviation to the presumptive amount of child support pursuant to the provisions of Code Section 19-6-15, provided that the court shall review the amount of the premium for reasonableness in the circumstances of the child, the parent ordered to pay support, and the other parent under the circumstances of the case and the best interest of the child." 5394 JOURNAL OF THE HOUSE SECTION 7. Said title is further amended by striking paragraph (6) of subsection (a) of Code Section 19-6-53, relating to the duties of the Georgia Child Support Commission, and inserting in lieu thereof the following: "(6) To develop, and publish, and update the child support obligation table and worksheets and schedules associated with the use of such table;" SECTION 8. Said title is further amended by striking Code Section 19-7-2, relating to parents obligations to child, and inserting in lieu thereof the following: "19-7-2. It is the joint and several duty of each parent to provide for the maintenance, protection, and education of his or her child until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs, except as otherwise authorized and ordered pursuant to subsection (d) (e) of Code Section 19-6-15 and except to the extent that the duty of the parents is otherwise or further defined by court order." SECTION 9. This Act shall become effective on July 1, 2006, and shall apply to all civil actions filed on or after July 1, 2006. All civil actions pending on June 30, 2006, and any child support order entered on or before June 30, 2006, shall be governed under Code Section 19-6-15, 19-6-19, or 19-6-20 as such Code section existed on June 30, 2006. SECTION 10. 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 Titles 5, 7, and 19 of the Official Code of Georgia Annotated, relating respectively to appeal and error, banking and finance, and domestic relations, so as to change provisions relating to the calculation of child support; to clarify the appeal process in certain domestic relations cases; to clarify the calculation of the amount of interest on arrearage of child support; to clarify definitions; to provide guidelines for determining the amount of child support to be paid; to change provisions relating to guidelines for calculating child support; to reorganize Code Section 19-6-15, relating to guidelines for calculating child support, to provide more clarity on the application of such child support; to allow a jury to determine gross income and deviations; to provide calculation of parenting time; to provide for definitions; to provide for headings to better structure the Code section; to provide for the Child Support Obligation Table; to change certain provisions relating to the duties of the Georgia Child Support Commission; to THURSDAY, MARCH 30, 2006 5395 correct cross-references; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, and inserting in lieu thereof the following: "5-6-34. (a) Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the constitutional city courts, and such other courts or tribunals from which appeals are authorized by the Constitution and laws of this state: (1) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35; (2) All judgments involving applications for discharge in bail trover and contempt cases; (3) All judgments or orders directing that an accounting be had; (4) All judgments or orders granting or refusing applications for receivers or for interlocutory or final injunctions; (5) All judgments or orders granting or refusing applications for attachment against fraudulent debtors; (5.1) Any ruling on a motion which would be dispositive if granted with respect to a defense that the action is barred by Code Section 16-11-184; (6) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (7) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; and (8) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will; and (9) All final judgments of child support." SECTION 2. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking in its entirety Code Section 7-4-12.1, relating to interest on arrearage of child support, and inserting in lieu thereof the following: "7-4-12.1. (a) All awards of child support expressed in monetary amounts shall accrue interest at the rate of 7 percent per annum commencing 30 days from the day such award or payment is due. This Code section shall apply to all awards, court orders, decrees, and judgments rendered pursuant to Title 19. It shall not be necessary for the party to whom the child support is due to reduce any such award to judgment in order to recover 5396 JOURNAL OF THE HOUSE such interest. The court shall have discretion in applying or waiving past due interest. In determining whether to apply, waive, or reduce the amount of interest owed, the Court shall consider whether: (1) Good cause existed for the nonpayment of the child support; (2) Payment of the interest would result in substantial and unreasonable hardship for the parent owing the interest; (3) Applying, waiving, or reducing the interest would enhance or detract from the parent's current ability to pay child support, including the consideration of the regularity of payments made for current child support of those dependents for whom support is owed; and (4) The waiver or reduction of interest would result in substantial and unreasonable hardship to the parent to whom interest is owed. (b) This Code section shall not be construed to abrogate the authority of a IV-D agency to waive, reduce, or negotiate a settlement of unreimbursed public assistance in accordance with subsection (b) of Code Section 19-11-5." SECTION 3. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking subsection (c) of Code Section 19-5-12, relating to form of judgment and decree in divorce actions, and inserting in lieu thereof a new subsection (c) to read as follows: "(c) In any case which involves the determination of child support, the form of the judgment shall also include provisions indicating both parties incomes parents income, the number of children for which support is being provided, the presumptive amount of child support award calculation, and, if the presumptive award amount of child support is rebutted, the award amount and the basis for the rebuttal award. The final judgment shall have attached to it the child support worksheet containing the calculation of the final award of child support and Schedule E pertaining to deviations. The final judgment shall specify a sum certain amount of child support to be paid." SECTION 4. Said title is further amended by striking in its entirety Code Section 19-6-15, relating to guidelines for calculating child support, and inserting in lieu thereof a new Code Section 19-6-15 to read as follows: "19-6-15. (a) Definitions. As used in this Code section, the term: (1) 'Adjusted Child Support Obligation' means the Basic Child Support Obligation adjusted by the Parenting Time Adjustment, if applicable, Health Insurance, and Work Related Child Care Costs. (2) 'Adjusted Income' means the determination of a Parent's monthly income, calculated by deducting from that Parent's monthly Gross Income one-half of the amount of any applicable self-employment taxes being paid by the Parent, any Preexisting Order for current child support which is being paid by the Parent, and any THURSDAY, MARCH 30, 2006 5397 Theoretical Child Support Order for other Qualified Children, if allowed by the Court. For further reference see paragraph (5) of subsection (f) of this Code section. (3) 'Basic Child Support Obligation' means the amount of support displayed on the Child Support Obligation Table which corresponds to the Combined Adjusted Income of the Custodial Parent and the Noncustodial Parent and the number of children for whom child support is being determined. This amount is rebuttably presumed to be the appropriate amount of child support to be provided by the Custodial Parent and the Noncustodial Parent prior to consideration of percentage of income, Parenting Time Adjustments, Health Insurance, Work Related Child Care Costs, and Deviations. (4) 'Child' means child or children. (5) 'Child Support Enforcement Agency' means the Child Support Enforcement Agency within the Department of Human Resources. (6) 'Child Support Obligation Table' means the chart which displays the dollar amount of the Basic Child Support Obligation corresponding to various levels of Combined Adjusted Income of the children's Parents and the number of children for whom a child support order is being established or modified. The Child Support Obligation Table shall be used to calculate the Basic Child Support Obligation according to the provisions of this Code section. For further reference see subsections (n) and (o) of this Code section. (7) 'Combined Adjusted Income' means the amount of Adjusted Income of the Custodial Parent added to the amount of Adjusted Income of the Noncustodial Parent. (8) 'Court' means a judge of any Court of record or an administrative law judge of the Office of State Administrative Hearings. (9) 'Custodial Parent' means the Parent with whom the Child resides more than 50 percent of the time. Where a Custodial Parent has not been designated or where a Child resides with both Parents an equal amount of time, the Court shall designate the Custodial Parent as the Parent with the lesser support obligation and the other Parent as the Noncustodial Parent. Where the Child resides equally with both Parents and neither Parent can be determined as owing a greater amount than the other, the Court shall determine which Parent to designate as the Custodial Parent for the purpose of this Code section. (10) 'Deviation' means an increase or decrease from the Presumptive Amount of Child Support if the presumed order is rebutted by evidence and the required findings of fact are made by the Court pursuant to subsection (i) of this Code section. (11) 'Final Child Support Order' means the Presumptive Amount of Child Support adjusted by any Deviations. (12) 'Gross Income' means all income to be included in the calculation of child support as set forth in subsection (f) of this Code section. (13) 'Health Insurance' means any general health or medical policy. For further reference see paragraph (2) of subsection (h) of this Code section. (14) 'Noncustodial Parent' means the Parent with whom the Child resides less than 50 percent of the time or the Parent who has the greater payment obligation for child 5398 JOURNAL OF THE HOUSE support. Where the Child resides equally with both Parents and neither Parent can be determined as owing a lesser amount than the other, the Court shall determine which Parent to designate as the Noncustodial Parent for the purpose of this Code section. (15) 'Nonparent Custodian' means an individual who has been granted legal custody of a Child, or an individual who has a legal right to seek, modify, or enforce a child support order. (16) 'Parent' means a person who owes a Child a duty of support pursuant to Code Section 19-7-2. (17) 'Parenting Time Adjustment' means an adjustment to the Noncustodial Parent's portion of the Basic Child Support Obligation based upon the Noncustodial Parent's court ordered visitation with the Child. For further reference see subsection (g) of this Code section. (18) 'Preexisting Order' means: (A) An order in another case that requires a Parent to make child support payments for another Child, which child support the Parent is actually paying, as evidenced by documentation as provided in division (f)(5)(B)(iii) of this Code section; and (B) That the date of filing of the initial order for each such other case is earlier than the date of filing of the initial order in the case immediately before the Court, regardless of the age of any Child in any of the cases. (19) 'Presumptive Amount of Child Support' means the Basic Child Support Obligation and the Parenting Time Adjustment, if applicable, Health Insurance, and Work Related Child Care Costs. (20) A 'Qualified Child' or 'Qualified Children' means any Child: (A) For whom the Parent is legally responsible and in whose home the Child resides; (B) That the Parent is actually supporting; (C) Who is not subject to a Preexisting Child Support Order; and (D) Who is not before the Court to set, modify, or enforce support in the case immediately under consideration. Qualified Children shall not include stepchildren or other minors in the home that the Parent has no legal obligation to support. (21) 'Split Parenting' can occur in a child support case only if there are two or more children of the same Parents, where one Parent is the Custodial Parent for at least one Child of the Parents, and the other Parent is the Custodial Parent for at least one other Child of the Parents. In a Split Parenting case, each Parent is the Custodial Parent of any Child spending more than 50 percent of the time with that Parent and is the Noncustodial Parent of any Child spending more than 50 percent of the time with the other Parent. A Split Parenting situation shall have two Custodial Parents and two Noncustodial Parents, but no Child shall have more than one Custodial Parent or Noncustodial Parent. (22) 'Theoretical Child Support Order' means a hypothetical child support order for Qualified Children calculated as set forth in subparagraph (f)(5)(C) of this Code THURSDAY, MARCH 30, 2006 5399 section which allows the Court to determine the amount of child support as if a child support order existed. (23) 'Uninsured Health Care Expenses' means a Child's uninsured medical expenses including, but not limited to, Health Insurance copayments, deductibles, and such other costs as are reasonably necessary for orthodontia, dental treatment, asthma treatments, physical therapy, vision care, and any acute or chronic medical or health problem or mental health illness, including counseling and other medical or mental health expenses, that are not covered by insurance. For further reference see paragraph (3) of subsection (h) of this Code section. (24) 'Work Related Child Care Costs' means expenses for the care of the Child for whom support is being determined which are due to employment of either Parent. In an appropriate case, the Court may consider the child care costs associated with a Parent's job search or the training or education of a Parent necessary to obtain a job or enhance earning potential, not to exceed a reasonable time as determined by the Court, if the Parent proves by a preponderance of the evidence that the job search, job training, or education will benefit the Child being supported. The term shall be projected for the next consecutive 12 months and averaged to obtain a monthly amount. For further reference see paragraph (1) of subsection (h) of this Code section. (25) 'Worksheet' or 'Child Support Worksheet' means the Worksheet used to record information necessary to determine and calculate child support. In Child Support Enforcement Agency cases in which neither Parent prepared a Worksheet, the Court may rely solely on the Worksheet prepared by the Child Support Enforcement Agency as a basis for its order. For further reference see subsection (m) of this Code section. (b) Process of calculating child support. Pursuant to this Code section, the determination of child support shall be calculated as follows: (1) Determine the monthly Gross Income of both the Custodial Parent and the Noncustodial Parent. Gross Income may include imputed income, if applicable. Gross Income shall be calculated on a monthly basis. The determination of monthly Gross Income shall be entered on the Child Support Schedule A Gross Income; (2) Adjust each Parent's monthly Gross Income by deducting the following from the Parents monthly Gross Income, and entering it on the Child Support Schedule B Adjusted Income if any of the following apply: (A) One-half of the amount of self-employment taxes; (B) Preexisting Orders; and (C) Theoretical Child Support Order for Qualified Children, if allowed by the Court; (3) Add each Parent's Adjusted Income together to compute the Combined Adjusted Income; (4) Locate the Basic Child Support Obligation by referring to the Child Support Obligation Table. Using the figure closest to the amount of the Combined Adjusted Income, locate the amount of the Basic Child Support Obligation in the column underneath the number of children for whom support is being determined. If the 5400 JOURNAL OF THE HOUSE Combined Adjusted Income falls between the amounts shown in the table, then the Basic Child Support Obligation shall be based on the income bracket most closely matched to the Combined Adjusted Income; (5) Calculate the pro rata share of the Basic Child Support Obligation for the Custodial Parent and the Noncustodial Parent by dividing the Combined Adjusted Income into each Parent's Adjusted Income to arrive at each Parent's pro rata percentage of the Basic Child Support Obligation; (6) Make the Parenting Time Adjustment, if applicable, to the Basic Child Support Obligation based upon the calculation of the Noncustodial Parent's court ordered visitation with the Child. The Parenting Time Adjustment shall be entered on the Child Support Schedule C Parenting Time Adjustment; (7) Find the Adjusted Child Support Obligation amount by adding the additional expenses of the costs of Health Insurance and Work Related Child Care Costs, prorating such expenses in accordance with each Parent's pro rata share of the obligation and adding such expenses to the pro rata share of the obligation. The monthly cost of health insurance premiums and Work Related Child Care Costs shall be entered on the Child Support Schedule D Additional Expenses. The pro rata share of the Basic Child Support Obligation and the pro rata share of the combined additional expenses shall be added together to create the Adjusted Child Support Obligation; (8) Determine the Presumptive Amount of Child Support for the Custodial Parent and the Noncustodial Parent resulting in a sum certain single payment due to the Custodial Parent by assigning or deducting credit for actual payments for Health Insurance and Work Related Child Care Costs; (9) In accordance with subsection (i) of this Code section, deviations subtracted from or increased to the Presumptive Amount of Child Support are applied, if applicable, and if supported by the required findings of fact and application of the best interest of the child standard. The proposed Deviations shall be entered on the Child Support Schedule E Deviations. In the Court's or the jury's discretion, Deviations may include, but are not limited to, the following: (A) High income; (B) Low income; (C) Other health related insurance; (D) Child and dependent care tax credit; (E) Travel expenses; (F) Alimony; (G) Mortgage; (H) Permanency plan or foster care plan; (I) Extraordinary expenses; and (J) Nonspecific deviations; (10) The Final Child Support Order shall be the Presumptive Amount of Child Support as increased or decreased by Deviations. The final child support amount for THURSDAY, MARCH 30, 2006 5401 each Parent shall be entered on the Child Support Worksheet, together with the information from each of the utilized schedules; (11) In addition, the Parents shall allocate the Uninsured Health Care Expenses which shall be based on the pro rata responsibility of the Parents or as otherwise ordered by the Court. Each Parent's pro rata responsibility for Uninsured Health Care Expenses shall be entered on the Child Support Worksheet; and (12) In a Split Parenting case, there shall be a separate calculation and Final Child Support Order for each Parent. (c) Applicability and required findings. (1) The child support guidelines contained in this Code section are a minimum basis for determining the amount of child support and shall apply as a rebuttable presumption in all legal proceedings involving the child support responsibility of a Parent. This Code section shall be used when the Court enters a temporary or permanent child support order in a contested or noncontested hearing. The rebuttable Presumptive Amount of Child Support provided by this Code section may be increased according to the best interest of the Child for whom support is being considered, the circumstances of the parties, the grounds for Deviation set forth in subsection (i) of this Code section, and to achieve the state policy of affording to children of unmarried Parents, to the extent possible, the same economic standard of living enjoyed by children living in intact families consisting of Parents with similar financial means. (2) The provisions of this Code section shall not apply with respect to any divorce case in which there are no minor children, except to the limited extent authorized by subsection (e) of this Code section. In the final judgment or decree in a divorce case in which there are minor children, or in other cases which are governed by the provisions of this Code section, the Court shall: (A) Specify in what sum certain amount and from which Parent the Child is entitled to permanent support as determined by use of the Worksheet; (B) Specify as required by Code Section 19-5-12 in what manner, how often, to whom, and until when the support shall be paid; (C) Include a written finding of the Parent's Gross Income as determined by the Court or the jury; (D) Determine whether Health Insurance for the Child involved is reasonably available at a reasonable cost to either Parent. If the Health Insurance is reasonably available at a reasonable cost to the Parent, then the Court may order that the Child be covered under such Health Insurance; (E) Include written findings of fact as to whether one or more of the Deviations allowed under this Code section are applicable, and if one or more such Deviations are applicable as determined by the Court or the jury, the written findings of fact shall further set forth: (i) The reasons the Court or the jury deviated from the Presumptive Amount of Child Support; 5402 JOURNAL OF THE HOUSE (ii) The amount of child support that would have been required under this Code section if the Presumptive Amount of Child Support had not been rebutted; and (iii) A finding that states how the Court's or the jury's application of the child support guidelines would be unjust or inappropriate considering the relative ability of each Parent to provide support and how the best interest of the Child who is subject to the child support determination is served by Deviation from the Presumptive Amount of Child Support; (F) Specify the amount of the Noncustodial Parent's Parenting Time Units as set forth in the order of visitation; and (G) Specify the percentage of Uninsured Health Care Expenses for which each Parent shall be responsible. (3) When child support is ordered, the party who is required to pay the child support shall not be liable to third persons for necessaries furnished to the Child embraced in the judgment or decree. In all cases, the parties shall submit to the Court their Worksheets and schedules and the presence or absence of other factors to be considered by the Court pursuant to the provisions of this Code section. (4) In any case in which the Gross Income of the Custodial Parent and the Noncustodial Parent is determined by a jury, the Court shall charge the provisions of this Code section applicable to the determination of Gross Income. The jury shall be required to return a special interrogatory determining Gross Income. Based upon the jury's verdict as to Gross Income, the Court shall determine the Presumptive Amount of Child Support in accordance with the provisions of this Code section. The Court shall inform the jury of the Presumptive Amount of Child Support and the identity of the Custodial and Noncustodial Parents. In the final instructions to the jury, the Court shall charge the provisions of this Code section applicable to the determination of Deviations and the jury shall be required to return a special interrogatory as to Deviations and the final award of child support. The Court shall include its findings and the jury's verdict on the Child Support Worksheet in accordance with this Code section and Code Section 19-5-12. (5) Nothing contained within this Code section shall prevent the parties from entering into an enforceable agreement contrary to the Presumptive Amount of Child Support which may be made the order of the Court pursuant to review by the Court of the adequacy of the child support amounts negotiated by the parties, including the provision for medical expenses and Health Insurance; provided, however, that if the agreement negotiated by the parties does not comply with the provisions contained in this Code section and does not contain findings of fact as required to support a Deviation, the Court shall reject such agreement. (6) In any case filed pursuant to Chapter 11 of this title, relating to the 'Child Support Recovery Act,' the 'Uniform Reciprocal Enforcement of Support Act,' or the 'Uniform Interstate Family Support Act,' the Court shall make all determinations of fact, including Gross Income and Deviations, and a jury shall not hear any issue related to such cases. THURSDAY, MARCH 30, 2006 5403 (d) Nature of guidelines; Court's discretion. In the event of a hearing or trial on the issue of child support, the guidelines enumerated in this Code section are intended by the General Assembly to be guidelines only and any Court so applying these guidelines shall not abrogate its responsibility in making the final determination of child support based on the evidence presented to it at the time of the hearing or trial. (e) Duration of child support responsibility. The duty to provide support for a minor Child shall continue until the Child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs; provided, however, that, in any temporary, final, or modified order for child support with respect to any proceeding for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the Court, in the exercise of sound discretion, may direct either or both Parents to provide financial assistance to a Child who has not previously married or become emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such financial assistance shall not be required after a Child attains 20 years of age. The provisions for child support provided in this subsection may be enforced by either Parent, by any Nonparent Custodian, by a guardian appointed to receive child support for the Child for whose benefit the child support is ordered, or by the Child for whose benefit the child support is ordered. (f) Gross Income. (1) Inclusion to Gross Income. (A) Attributable income. Gross Income of each Parent shall be determined in the process of setting the Presumptive Amount of Child Support and shall include all income from any source, before deductions for taxes and other deductions such as Preexisting Orders for child support and credits for other Qualified Children, whether earned or unearned, and includes, but is not limited to, the following: (i) Salaries; (ii) Commissions, fees, and tips; (iii) Income from self-employment; (iv) Bonuses; (v) Overtime payments; (vi) Severance pay; (vii) Recurring income from pensions or retirement plans including, but not limited to, Veterans Administration, Railroad Retirement Board, Keoghs, and individual retirement accounts; (viii) Interest income; (ix) Dividend income; (x) Trust income; (xi) Income from annuities; (xii) Capital gains; (xiii) Disability or retirement benefits that are received from the Social Security Administration pursuant to Title II of the federal Social Security Act; (xiv) Workers compensation benefits, whether temporary or permanent; 5404 JOURNAL OF THE HOUSE (xv) Unemployment insurance benefits; (xvi) Judgments recovered for personal injuries and awards from other civil actions; (xvii) Gifts that consist of cash or other liquid instruments, or which can be converted to cash; (xviii) Prizes; (xix) Lottery winnings; (xx) Alimony or maintenance received from persons other than parties to the proceeding before the Court; and (xxi) Assets which are used for the support of the family. (B) Self-employment income. Income from self-employment includes income from, but not limited to, business operations, work as an independent contractor or consultant, sales of goods or services, and rental properties, less ordinary and reasonable expenses necessary to produce such income. Income from selfemployment, rent, royalties, proprietorship of a business, or joint ownership of a partnership, limited liability company, or closely held corporation is defined as gross receipts minus ordinary and necessary expenses required for self-employment or business operations. Ordinary and reasonable expenses of self-employment or business operations necessary to produce income do not include: (i) Excessive promotional, travel, vehicle, or personal living expenses, depreciation on equipment, or costs of operation of home offices; or (ii) Amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses, investment tax credits, or any other business expenses determined by the Court or the jury to be inappropriate for determining Gross Income. In general, income and expenses from self-employment or operation of a business should be carefully reviewed by the Court or the jury to determine an appropriate level of Gross Income available to the Parent to satisfy a child support obligation. Generally, this amount will differ from a determination of business income for tax purposes. (C) Fringe benefits. Fringe benefits for inclusion as income or 'in kind' remuneration received by a Parent in the course of employment, or operation of a trade or business, shall be counted as income if the benefits significantly reduce personal living expenses. Such fringe benefits might include, but are not limited to, use of a company car, housing, or room and board. Basic allowance for housing and subsistence and variable housing allowances for members of the armed services shall be considered income for the purposes of determining child support. Fringe benefits do not include employee benefits that are typically added to the salary, wage, or other compensation that a Parent may receive as a standard added benefit, including, but not limited to, employer paid portions of Health Insurance premiums or employer contributions to a retirement or pension plan. (D) Variable income. Variable income such as commissions, bonuses, overtime pay, and dividends shall be averaged by the Court or the jury over a reasonable THURSDAY, MARCH 30, 2006 5405 period of time consistent with the circumstances of the case and added to a Parent's fixed salary or wages to determine Gross Income. When income is received on an irregular, nonrecurring, or one-time basis, the Court or the jury may, but is not required to, average or prorate the income over a reasonable specified period of time or require the Parent to pay as a one-time support amount a percentage of his or her nonrecurring income, taking into consideration the percentage of recurring income of that Parent. (2) Exclusions from Gross Income. Excluded from Gross Income are the following: (A) Child support payments received by either Parent for the benefit of a Child of another relationship; (B) Benefits received from means-tested public assistance programs such as, but not limited to: (i) PeachCare for Kids Program, temporary assistance for needy families, or similar programs in other states or territories under Title IV-A of the federal Social Security Act; (ii) Food stamps or the value of food assistance provided by way of electronic benefits transfer procedures by the Department of Human Resources; (iii) Supplemental security income received under Title XVI of the federal Social Security Act; (iv) Benefits received under Section 402(d) of the federal Social Security Act for disabled adult children of deceased disabled workers; and (v) Low income heating and energy assistance program payments; and (C) A Nonparent Custodian's Gross Income. (3) Social Security benefits. (A) Benefits received under Title II of the federal Social Security Act by a Child on the obligor's account shall be counted as child support payments and shall be applied against the Final Child Support Order to be paid by the obligor for the Child. (B) After calculating the obligor's monthly Gross Income, including the countable Social Security benefits as specified in division (1)(A)(xiii) of this subsection, and after calculating the amount of child support, if the Presumptive Amount of Child Support is greater than the Social Security benefits paid on behalf of the Child on the obligor's account, the obligor shall be required to pay the amount exceeding the Social Security benefit as part of the Final Child Support Order in the case. (C) After calculating the obligor's monthly Gross Income, including the countable Social Security benefits as specified in division (1)(A)(xiii) of this subsection, and after calculating the amount of child support, if the Presumptive Amount of Child Support is equal to or less than the Social Security benefits paid to the Nonparent Custodian or Custodial Parent on behalf of the Child on the obligor's account, the child support responsibility of that Parent is met and no further child support shall be paid. (D) Any benefit amounts under Title II of the federal Social Security Act as determined by the Social Security Administration sent to the Nonparent Custodian 5406 JOURNAL OF THE HOUSE or Custodial Parent by the Social Security Administration for the Child's benefit which are greater than the Final Child Support Order shall be retained by the Nonparent Custodian or Custodial Parent for the Child's benefit and shall not be used as a reason for decreasing the Final Child Support Order or reducing arrearages. (E) The Court shall make a written finding of fact in the Final Child Support Order regarding the use of Social Security benefits in the calculation of the child support. (4) Reliable evidence of income. (A) Imputed income. When establishing the amount of child support, if a Parent fails to produce reliable evidence of income, such as tax returns for prior years, check stubs, or other information for determining current ability to pay child support or ability to pay child support in prior years, and the Court or the jury has no other reliable evidence of the Parent's income or income potential, Gross Income for the current year shall be determined by imputing Gross Income based on a 40 hour workweek at minimum wage. (B) Modification. When cases with established orders are reviewed for modification and a Parent fails to produce reliable evidence of income, such as tax returns for prior years, check stubs, or other information for determining current ability to pay child support or ability to pay child support in prior years, and the Court has no other reliable evidence of that Parent's income or income potential, the Court may enter an order to increase the child support of the Parent failing or refusing to produce evidence of income by an increment of at least 10 percent per year of that Parent's pro rata share of the Basic Child Support Obligation for each year since the Final Child Support Order was entered or last modified. (C) Rehearing. If income is imputed pursuant to subparagraph (A) of this paragraph, the party believing the income of the other party is higher than the amount imputed may provide within 90 days, upon motion to the Court, evidence necessary to determine the appropriate amount of child support based upon reliable evidence. A hearing shall be scheduled after the motion is filed. The Court may increase, decrease, or the amount of current child support may remain the same from the date of filing of either Parent's initial filing or motion for reconsideration. While the motion for reconsideration is pending, the obligor shall be responsible for the amount of child support originally ordered. Arrearages entered in the original child support order based upon imputed income shall not be forgiven. When there is reliable evidence to support a motion for reconsideration of the amount of income imputed, the party shall not be required to demonstrate the existence of a significant variance or other such factors required for modification of an order pursuant to subsection (k) of this Code section. (D) Willful or voluntary unemployment or underemployment. In determining whether a Parent is willfully or voluntarily unemployed or underemployed, the Court or the jury shall ascertain the reasons for the Parent's occupational choices and assess the reasonableness of these choices in light of the Parent's responsibility to support his or her Child and whether such choices benefit the Child. A THURSDAY, MARCH 30, 2006 5407 determination of willful or voluntary unemployment or underemployment shall not be limited to occupational choices motivated only by an intent to avoid or reduce the payment of child support but can be based on any intentional choice or act that affects a Parent's income. In determining willful or voluntary unemployment or underemployment, the Court may examine whether there is a substantial likelihood that the Parent could, with reasonable effort, apply his or her education, skills, or training to produce income. Specific factors for the Court to consider when determining willful or voluntary unemployment or underemployment include, but are not limited to: (i) The Parent's past and present employment; (ii) The Parent's education and training; (iii) Whether unemployment or underemployment for the purpose of pursuing additional training or education is reasonable in light of the Parent's responsibility to support his or her Child and, to this end, whether the training or education may ultimately benefit the Child in the case immediately under consideration by increasing the Parent's level of support for that Child in the future; (iv) A Parent's ownership of valuable assets and resources, such as an expensive home or automobile, that appear inappropriate or unreasonable for the income claimed by the Parent; (v) The Parent's own health and ability to work outside the home; and (vi) The Parent's role as caretaker of a Child of that Parent, a disabled or seriously ill Child of that Parent, or a disabled or seriously ill adult Child of that Parent, or any other disabled or seriously ill relative for whom that Parent has assumed the role of caretaker, which eliminates or substantially reduces the Parent's ability to work outside the home, and the need of that Parent to continue in the role of caretaker in the future. When considering the income potential of a Parent whose work experience is limited due to the caretaker role of that Parent, the Court shall consider the following factors: (I) Whether the Parent acted in the role of full-time caretaker immediately prior to separation by the married parties or prior to the divorce or annulment of the marriage or dissolution of another relationship in which the Parent was a fulltime caretaker; (II) The length of time the Parent staying at home has remained out of the workforce for this purpose; (III) The Parent's education, training, and ability to work; and (IV) Whether the Parent is caring for a Child who is four years of age or younger. If the Court or the jury determines that a Parent is willfully or voluntarily unemployed or underemployed, child support shall be calculated based on a determination of earning capacity, as evidenced by educational level or previous work experience. In the absence of any other reliable evidence, income may be imputed to the Parent pursuant to a determination that Gross Income for the current year is based on a 40 hour workweek at minimum wage. A determination of willful and voluntary unemployment or underemployment 5408 JOURNAL OF THE HOUSE shall not be made when an individual is activated from the National Guard or other armed forces unit or enlists or is drafted for full-time service in the armed forces of the United States. (5) Adjustments to Gross Income. (A) Self-Employment. One-half of the self-employment and Medicare taxes shall be calculated as follows: (i) Six and one-quarter percent of self-employment income up to the maximum amount to which federal old age, survivors, and disability insurance (OASDI) applies; plus (ii) One and forty-five one-hundredths of a percent of self-employment income for Medicare and this amount shall be deducted from a self-employed Parent's monthly Gross Income. (B) Preexisting Orders. An adjustment to the Parent's monthly Gross Income shall be made on the Child Support Schedule B Adjusted Income for current Preexisting Orders actually being paid under an order of support for a period of not less than 12 consecutive months immediately prior to the date of the hearing or such period that an order has been in effect if less than 12 months prior to the date of the hearing before the Court to set, modify, or enforce child support. (i) In calculating the adjustment for Preexisting Orders, the Court shall include only those Preexisting Orders where the date of entry of the initial support order precedes the date of entry of the initial order in the case immediately under consideration; (ii) The priority for Preexisting Orders shall be determined by the date of the initial order in each case. Subsequent modifications of the initial support order shall not affect the priority position established by the date of the initial order. In any modification proceeding, the Court rendering the decision shall make a specific finding of the date of the initial order of the case; (iii) Adjustments shall be allowed for current preexisting support only to the extent that the payments are actually being paid as evidenced by documentation including, but not limited to, payment history from a court clerk, a IV-D agency, as defined in Code Section 19-6-31, the Child Support Enforcement Agency's computer data base, the child support payment history, or canceled checks or other written proof of payments paid directly to the other Parent. The maximum credit allowed for a Preexisting Order is an average of the amount of current support actually paid under the Preexisting Order over the past 12 months prior to the hearing date; (iv) All Preexisting Orders shall be entered on the Child Support Schedule B Adjusted Income for the purpose of calculating the total amount of the credit to be included on the Child Support Worksheet; and (v) Payments being made by a Parent on any arrearages shall not be considered payments on Preexisting Orders or subsequent orders and shall not be used as a basis for reducing Gross Income. THURSDAY, MARCH 30, 2006 5409 (C) Theoretical Child Support Orders. In addition to the adjustments to monthly Gross Income for self-employment taxes provided in subparagraph (A) of this paragraph and for Preexisting Orders provided in subparagraph (B) of this paragraph, credits for either Parent's other Qualified Child living in the Parent's home for whom the Parent owes a legal duty of support may be considered by the Court for the purpose of reducing the Parent's Gross Income. To consider a Parent's other Qualified Children for determining the Theoretical Child Support Order, a Parent shall present documentary evidence of the Parent-Child relationship to the Court. Adjustments to income pursuant to this paragraph may be considered in such circumstances in which the failure to consider a Qualified Child would cause substantial hardship to the Parent. If the Court, in its discretion, decides to apply the Qualified Child adjustment, the Basic Child Support Obligation of the Parent for the number of other Qualified Children living with such Parent shall be determined based upon that Parent's monthly Gross Income. Except for self-employment taxes paid, no other amounts shall be subtracted from the Parent's monthly Gross Income when calculating a Theoretical Child Support Order under this subparagraph. The Basic Child Support Obligation for such Parent shall be multiplied by 75 percent and the resulting amount shall be subtracted from such Parent's monthly Gross Income and entered on the Child Support Schedule B Adjusted Income. (D) Priority of adjustments. In multiple family situations, the adjustments to a Parent's monthly Gross Income shall be calculated in the following order: (i) Preexisting Orders according to the date of the initial order; and (ii) After applying the deductions on the Child Support Schedule B Adjusted Income for Preexisting Orders, if any, in subparagraph (A) of paragraph (4) of this subsection, any credit for a Parent's other Qualified Children may be considered using the procedure set forth in subparagraph (B) of this paragraph. (g) Parenting Time Adjustment. (1) For purposes of this subsection, the term: (A) 'Calendar Day' means from 12:00 Midnight to 11:59 P.M. (B) 'Day' means more than 12 hours of a Calendar Day. (C) 'Parenting Time Units' means a Day in which the Child is under the control of a Parent and that Parent expends a reasonable amount of resources on the Child during such time period directly related to the care and supervision of the Child. A Child is under the control of a Parent when the Child is in the Parent's home or at school, work related day care, or such activity as the Parent expressly permits. (2) The Child Support Obligation Table is based upon expenditures for the Child in intact households and therefore there is no consideration for cost associated with court ordered visitation exceeding the standard visitation period with the Noncustodial Parent, which typically includes a minimum of every other weekend from Friday through Sunday, two weeks in the summer, and two weeks during holidays throughout the year, for a total of approximately 80 days per calendar year. (3)(A) If the Noncustodial Parent is ordered more than 90 Parenting Time Units of court ordered visitation per calendar year with a Child, the Noncustodial Parent 5410 JOURNAL OF THE HOUSE shall be entitled to a Parenting Time Adjustment as provided in subparagraph (B) of this paragraph. (B) Determine the Adjustment Percentage based upon the following schedule: Number of Parenting Time Units Adjustment Percentage 91 Parenting Time Units .030 percent 92 Parenting Time Units .362 percent 93 Parenting Time Units .694 percent 94 Parenting Time Units 1.026 percent 95 Parenting Time Units 1.359 percent 96 Parenting Time Units 1.691 percent 97 Parenting Time Units 2.023 percent 98 Parenting Time Units 2.356 percent 99 Parenting Time Units 2.688 percent 100 Parenting Time Units 3.020 percent 101 Parenting Time Units 3.353 percent 102 Parenting Time Units 3.685 percent 103 Parenting Time Units 4.017 percent 104 Parenting Time Units 4.350 percent 105 Parenting Time Units 4.682 percent 106 Parenting Time Units 5.014 percent 107 Parenting Time Units 5.347 percent 108 Parenting Time Units 5.679 percent 109 Parenting Time Units 6.011 percent 110 Parenting Time Units 6.344 percent 111 Parenting Time Units 6.676 percent 112 Parenting Time Units 7.008 percent 113 Parenting Time Units 7.341 percent 114 Parenting Time Units 7.673 percent THURSDAY, MARCH 30, 2006 115 Parenting Time Units 116 Parenting Time Units 117 Parenting Time Units 118 Parenting Time Units 119 Parenting Time Units 120 Parenting Time Units 121 Parenting Time Units 122 Parenting Time Units 123 Parenting Time Units 124 Parenting Time Units 125 Parenting Time Units 126 Parenting Time Units 127 Parenting Time Units 128 Parenting Time Units 129 Parenting Time Units 130 Parenting Time Units 131 Parenting Time Units 132 Parenting Time Units 133 Parenting Time Units 134 Parenting Time Units 135 Parenting Time Units 136 Parenting Time Units 137 Parenting Time Units 138 Parenting Time Units 139 Parenting Time Units 140 Parenting Time Units 141 Parenting Time Units 8.005 percent 8.338 percent 8.670 percent 9.002 percent 9.335 percent 9.667 percent 10.000 percent 10.625 percent 11.250 percent 11.875 percent 12.500 percent 13.125 percent 13.750 percent 14.375 percent 15.000 percent 15.625 percent 16.250 percent 16.875 percent 17.500 percent 18.125 percent 18.750 percent 19.375 percent 20.00 percent 20.66 percent 21.33 percent 21.99 percent 22.66 percent 5411 5412 JOURNAL OF THE HOUSE 142 Parenting Time Units 143 Parenting Time Units 144 Parenting Time Units 145 Parenting Time Units 146 Parenting Time Units 147 Parenting Time Units 148 Parenting Time Units 149 Parenting Time Units 150 Parenting Time Units 151 Parenting Time Units 152 Parenting Time Units 153 Parenting Time Units 154 Parenting Time Units 155 Parenting Time Units 156 Parenting Time Units 157 Parenting Time Units 158 Parenting Time Units 159 Parenting Time Units 160 Parenting Time Units 161 Parenting Time Units 162 Parenting Time Units 163 Parenting Time Units 164 Parenting Time Units 165 Parenting Time Units 166 Parenting Time Units 167 Parenting Time Units 168 Parenting Time Units 23.33 percent 23.99 percent 24.66 percent 25.33 percent 25.99 percent 26.66 percent 27.33 percent 27.99 percent 28.66 percent 29.33 percent 30.00 percent 30.66 percent 31.33 percent 31.99 percent 32.66 percent 33.33 percent 33.99 percent 34.66 percent 35.33 percent 35.99 percent 36.66 percent 37.33 percent 37.99 percent 38.66 percent 39.33 percent 40.00 percent 40.66 percent THURSDAY, MARCH 30, 2006 5413 169 Parenting Time Units 41.33 percent 170 Parenting Time Units 41.99 percent 171 Parenting Time Units 42.66 percent 172 Parenting Time Units 43.33 percent 173 Parenting Time Units 43.99 percent 174 Parenting Time Units 44.66 percent 175 Parenting Time Units 45.33 percent 176 Parenting Time Units 45.99 percent 177 Parenting Time Units 46.66 percent 178 Parenting Time Units 47.33 percent 179 Parenting Time Units 47.99 percent 180 Parenting Time Units 48.66 percent 181 Parenting Time Units 49.33 percent 182 Parenting Time Units or more 50.00 percent (C) Multiply the adjustment percentage by the Basic Child Support Obligation, and the resulting number from this multiplication shall be subtracted from the Noncustodial Parent's Basic Child Support Obligation to arrive at the Parenting Time Adjustment. (D) If there is more than one Child in the case with whom the Noncustodial Parent is ordered more than 90 Parenting Time Units of visitation per calendar year, and the Noncustodial Parent is ordered different amounts of visitation time with each Child, then the time the Noncustodial Parent is ordered with each Child shall be averaged to determine the Parenting Time Adjustment. (E) If the Adjusted Incomes of the Parents are equal and the court ordered visitation with each Parent is equal, neither Parent shall pay any Basic Child Support Obligation; provided, however, that the Noncustodial Parent may be responsible for additional support obligations, including the Noncustodial Parent's pro rata share for Health Insurance, Work Related Child Care Costs, Uninsured Health Care Expenses, and Deviations for Extraordinary Expenses as set forth in subparagraph (i)(2)(J) of this Code section. (4) The presumption of Parenting Time Adjustment may be rebutted by evidence showing that the court ordered visitation should not reduce the Noncustodial Parent's Basic Child Support Obligation. (5) In accordance with subsection (d) of Code Section 19-11-8, if any action or claim for Parenting Time Adjustment is brought under this subsection, it shall be an action 5414 JOURNAL OF THE HOUSE or claim solely between the Custodial Parent and the Noncustodial Parent, and not any third parties, including the Child Support Enforcement Agency. (h) Adjusted support obligation. The Child Support Obligation Table does not include the cost of the Parent's Work Related Child Care Costs, Health Insurance premiums, or Uninsured Health Care Expenses. The additional expenses for the Child's Health Insurance premium and Work Related Child Care Costs shall be included in the calculations to determine child support. A Nonparent Custodian's expenses for Work Related Child Care Costs and Health Insurance premiums shall be taken into account when establishing a Final Child Support Order. (1) Work Related Child Care Costs. (A) Work Related Child Care Costs necessary for the Parent's employment, education, or vocational training that are determined by the Court to be appropriate, and that are appropriate to the Parents financial abilities and to the lifestyle of the Child if the Parents and Child were living together, shall be averaged for a monthly amount and entered on the Child Support Worksheet in the column of the Parent initially paying the expense. Work Related Child Care Costs of a Nonparent Custodian shall be considered when determining the amount of this expense. (B) If a child care subsidy is being provided pursuant to a means-tested public assistance program, only the amount of the child care expense actually paid by either Parent or a Nonparent Custodian shall be included in the calculation. (C) If either Parent is the provider of child care services to the Child for whom support is being determined, the value of those services shall not be an adjustment to the Basic Child Support Obligation when calculating the support award. (D) If child care is provided without charge to the Parent, the value of these services shall not be an adjustment to the Basic Child Support Obligation. If child care is or will be provided by a person who is paid for his or her services, proof of actual cost or payment shall be shown to the Court before the Court includes such payment in its consideration. (E) The amount of Work Related Child Care Costs shall be determined and added as an adjustment to the Basic Child Support Obligation as 'additional expenses' whether paid directly by the Parent or through a payroll deduction. (F) The total amount of Work Related Child Care Costs shall be divided between the Parents pro rata to determine the Presumptive Amount of Child Support and shall be included in the Worksheet and written order of the Court. (2) Cost of Health Insurance premiums. (A)(i) The amount that is, or will be, paid by a Parent for Health Insurance for the Child for whom support is being determined shall be an adjustment to the Basic Child Support Obligation and prorated between the Parents based upon their respective incomes. Payments made by a Parent's employer for Health Insurance and not deducted from the Parent's wages shall not be included. When a Child for whom support is being determined is covered by a family policy, only the Health Insurance premium actually attributable to that Child shall be added. THURSDAY, MARCH 30, 2006 5415 (ii) The amount of the cost for the Child's Health Insurance premium shall be determined and added as an adjustment to the Basic Child Support Obligation as 'additional expenses' whether paid directly by the Parent or through a payroll deduction. (iii) The total amount of the cost for the Child's Health Insurance premium shall be divided between the Parents pro rata to determine the total Presumptive Amount of Child Support and shall be included in the Child Support Schedule D Additional Expenses and written order of the Court together with the amount of the Basic Child Support Obligation. (B)(i) If Health Insurance that provides for the health care needs of the Child can be obtained by a Parent at reasonable cost, then an amount to cover the cost of the premium shall be added as an adjustment to the Basic Child Support Obligation. A Health Insurance premium paid by a Nonparent Custodian shall be included when determining the amount of Health Insurance expense. In determining the amount to be added to the order for the Health Insurance cost, only the amount of the Health Insurance cost attributable to the Child who is the subject of the order shall be included. (ii) If coverage is applicable to other persons and the amount of the Health Insurance premium attributable to the Child who is the subject of the current action for support is not verifiable, the total cost to the Parent paying the premium shall be prorated by the number of persons covered so that only the cost attributable to the Child who is the subject of the order under consideration is included. The amount of Health Insurance premium shall be determined by dividing the total amount of the insurance premium by the number of persons covered by the insurance policy and multiplying the resulting amount by the number of children covered by the insurance policy. The monthly cost of Health Insurance premium shall be entered on the Child Support Schedule D Additional Expenses in the column of the Parent paying the premium. (iii) Eligibility for or enrollment of the Child in Medicaid or PeachCare for Kids Program shall not satisfy the requirement that the Final Child Support Order provide for the Child's health care needs. Health coverage through PeachCare for Kids Program and Medicaid shall not prevent a Court from ordering either or both Parents to obtain other Health Insurance. (3) Uninsured Health Care Expenses. (A) The Child's Uninsured Health Care Expenses shall be the financial responsibility of both Parents. The Final Child Support Order shall include provisions for payment of the Uninsured Heath Care Expenses; provided, however, that the Uninsured Health Care Expenses shall not be used for the purpose of calculating the amount of child support. The Parents shall divide the Uninsured Health Care Expenses pro rata, unless otherwise specifically ordered by the Court. (B) If a Parent fails to pay his or her pro rata share of the Child's Uninsured Health Care Expenses, as specified in the Final Child Support Order, within a reasonable time after receipt of evidence documenting the uninsured portion of the expense: 5416 JOURNAL OF THE HOUSE (i) The other Parent or the Nonparent Custodian may enforce payment of the expense by any means permitted by law; or (ii) The Child Support Enforcement Agency shall pursue enforcement of payment of such unpaid expenses only if the unpaid expenses have been reduced to a judgment in a sum certain amount. (i) Grounds for Deviation. (1) General principles. (A) The amount of child support established by this Code section and the Presumptive Amount of Child Support are rebuttable and the Court or the jury may deviate from the Presumptive Amount of Child Support in compliance with this subsection. In deviating from the Presumptive Amount of Child Support, primary consideration shall be given to the best interest of the Child for whom support under this Code section is being determined. A Nonparent Custodian's expenses may be the basis for a Deviation. (B) When ordering a Deviation from the Presumptive Amount of Child Support, the Court or the jury shall consider all available income of the Parents and shall make written findings or special interrogatory findings that an amount of child support other than the amount calculated is reasonably necessary to provide for the needs of the Child for whom child support is being determined and the order or special interrogatory shall state: (i) The reasons for the Deviation from the Presumptive Amount of Child Support; (ii) The amount of child support that would have been required under this Code section if the Presumptive Amount of Child Support had not been rebutted; and (iii) How, in its determination: (I) Application of the Presumptive Amount of Child Support would be unjust or inappropriate; and (II) The best interest of the Child for whom support is being determined will be served by Deviation from the Presumptive Amount of Child Support. (C) No Deviation in the Presumptive Amount of Child Support shall be made which seriously impairs the ability of the Custodial Parent to maintain minimally adequate housing, food, and clothing for the Child being supported by the order and to provide other basic necessities, as determined by the Court or the jury. (2) Specific Deviations. (A) High income. For purposes of this subparagraph, Parents are considered to be high-income Parents if their Combined Adjusted Income exceeds $30,000.00 per month. For high-income Parents, the Court shall set the Basic Child Support Obligation at the highest amount allowed by the Child Support Obligation Table but the Court or the jury may consider upward Deviation to attain an appropriate award of child support for high-income Parents which is consistent with the best interest of the Child. (B) Low income. For purposes of this subparagraph, 'low income person' means a Parent whose annual Gross Income is at or below $1,850.00 per month. THURSDAY, MARCH 30, 2006 5417 (i) If the Noncustodial Parent is a low income person and requests a Deviation on such basis, the Court or the jury shall determine if the Noncustodial Parent will be financially able to pay the child support order and maintain at least a minimum standard of living by calculating a self-support reserve as set forth in division (ii) of this subparagraph. The Court or the jury shall take into account all nonexcluded sources of income available to each Parent and all reasonable expenses of each Parent, ensuring that such expenses are actually paid by the Parent and are clearly justified expenses. The Court or the jury shall also consider the financial impact that a reduction in the amount of child support paid to the Custodial Parent would have on the Custodial Parent's household. Under no circumstances shall the amount of child support awarded to the Custodial Parent impair the ability of the Custodial Parent to maintain minimally adequate housing, food, and clothing and provide for other basic necessities for the child being supported by the court order. (ii) To calculate the self-support reserve for the Noncustodial Parent, the Court or the jury shall deduct $900.00 from the Noncustodial Parent's Adjusted Income. If the resulting amount is less than the Noncustodial Parent's pro rata responsibility of the Presumptive Amount of Child Support, the Court or the jury may deviate from the amount of support provided for in the Child Support Obligation Table to the resulting amount. If the child support award amount would be less than $75.00, then the minimum child support order amount shall be $75.00. (iii) If the Custodial Parent is a low income person, the Court or the jury shall subtract $900.00 from the Custodial Parent's Adjusted Income. If the resulting amount is less than the Custodial Parent's pro rata responsibility of the Presumptive Amount of Child Support, the Court or the jury shall not deviate from the amount of support required to be paid by the Noncustodial Parent as provided for in the Child Support Obligation Table. (iv) The self-support reserve calculation described in this subparagraph shall apply only to the current child support amount and shall not prohibit an additional amount being ordered to reduce an obligor's arrears. (v) The Court shall make a written finding in its order or the jury shall find by special interrogatory that the low income Deviation from the Presumptive Amount of Child Support is clearly justified based upon the considerations and calculations described in this subparagraph. (C) Other health-related insurance. If the Court or the jury finds that either Parent has vision or dental insurance available at a reasonable cost for the Child, the Court may deviate from the Presumptive Amount of Child Support for the cost of such insurance. (D) Life insurance. In accordance with Code Section 19-6-34, if the Court or the jury finds that either Parent has purchased life insurance on the life of either Parent or the lives of both Parents for the benefit of the Child, the Court may deviate from the Presumptive Amount of Child Support for the cost of such insurance by either adding or subtracting the amount of the premium. 5418 JOURNAL OF THE HOUSE (E) Child and dependent care tax credit. If the Court or the jury finds that one of the Parents is entitled to the Child and Dependent Care Tax Credit, the Court or the jury may deviate from the Presumptive Amount of Child Support in consideration of such credit. (F) Travel expenses. If court ordered visitation related travel expenses are substantial due to the distance between the Parents, the Court may order the allocation of such costs or the jury may by a finding in its special interrogatory allocate such costs by Deviation from the Presumptive Amount of Child Support, taking into consideration the circumstances of the respective Parents as well as which Parent moved and the reason for such move. (G) Alimony. Actual payments of alimony shall not be considered as a deduction from Gross Income but may be considered as a Deviation from the Presumptive Amount of Child Support. If the Court or the jury considers the actual payment of alimony, the Court shall make a written finding of such consideration or the jury in its special interrogatory of such consideration as a basis for Deviation from the Presumptive Amount of Child Support. (H) Mortgage. If the Noncustodial Parent is providing shelter, such as paying the mortgage of the home, or has provided a home at no cost to the Custodial Parent in which the Child resides, the Court or the jury may allocate such costs or an amount equivalent to such costs by Deviation from the Presumptive Amount of Child Support, taking into consideration the circumstances of the respective Parents and the best interest of the Child. (I) Permanency plan or foster care plan. In cases where the Child is in the legal custody of the Department of Human Resources, the child protection or foster care agency of another state or territory, or any other child-caring entity, public or private, the Court or the jury may consider a Deviation from the Presumptive Amount of Child Support if the Deviation will assist in accomplishing a permanency plan or foster care plan for the Child that has a goal of returning the Child to the Parent or Parents and the Parent's need to establish an adequate household or to otherwise adequately prepare herself or himself for the return of the Child clearly justifies a Deviation for this purpose. (J) Extraordinary expenses. The Child Support Obligation Table includes average child rearing expenditures for families given the Parents Combined Adjusted Income and number of children. Extraordinary expenses are in excess of average amounts estimated in the Child Support Obligation Table and are highly variable among families. Extraordinary expenses shall be considered on a case-by-case basis in the calculation of support and may form the basis for Deviation from the Presumptive Amount of Child Support so that the actual amount of the expense is considered in the calculation of the Final Child Support Order for only those families actually incurring the expense. Extraordinary expenses shall be prorated between the Parents. (i) Extraordinary educational expenses. Extraordinary educational expenses may be a basis for Deviation from the Presumptive Amount of Child Support. THURSDAY, MARCH 30, 2006 5419 Extraordinary educational expenses include, but are not limited to, tuition, room and board, lab fees, books, fees, and other reasonable and necessary expenses associated with special needs education or private elementary and secondary schooling that are appropriate to the Parent's financial abilities and to the lifestyle of the Child if the Parents and the Child were living together. (I) In determining the amount of Deviation for extraordinary educational expenses, scholarships, grants, stipends, and other cost-reducing programs received by or on behalf of the Child shall be considered; and (II) If a Deviation is allowed for extraordinary educational expenses, a monthly average of the extraordinary educational expenses shall be based on evidence of prior or anticipated expenses and entered on the Child Support Schedule E Deviations. (ii) Special expenses incurred for child rearing. Special expenses incurred for child rearing, including, but not limited to, quantifiable expense variations related to the food, clothing, and hygiene costs of children at different age levels, may be a basis for a Deviation from the Presumptive Amount of Child Support. Such expenses include, but are not limited to, summer camp; music or art lessons; travel; school sponsored extracurricular activities, such as band, clubs, and athletics; and other activities intended to enhance the athletic, social, or cultural development of a Child but not otherwise required to be used in calculating the Presumptive Amount of Child Support as are Health Insurance premiums and Work Related Child Care Costs. A portion of the Basic Child Support Obligation is intended to cover average amounts of special expenses incurred in the rearing of a Child. In order to determine if a Deviation for special expenses is warranted, the Court or the jury shall consider the full amount of the special expenses as described in this division; and when these special expenses exceed 7 percent of the Basic Child Support Obligation, then the additional amount of special expenses shall be considered as a Deviation to cover the full amount of the special expenses. (iii) Extraordinary medical expenses. In instances of extreme economic hardship involving extraordinary medical expenses not covered by insurance, the Court or the jury may consider a Deviation from the Presumptive Amount of Child Support for extraordinary medical expenses. Such expenses may include, but are not limited to, extraordinary medical expenses of the Child, a Parent, or a Child of a Parent's current family; provided, however, that any such Deviation: (I) Shall not act to leave a Child unsupported; and (II) May be ordered for a specific period of time measured in months. When extraordinary medical expenses are claimed, the Court or the jury shall consider the resources available for meeting such needs, including sources available from agencies and other adults. (3) Nonspecific Deviations. Deviation from the Presumptive Amount of Child Support may be appropriate for reasons in addition to those established under this subsection when the Court or the jury finds it is in the best interest of the Child. If the circumstances which supported the Deviation cease to exist, the Final Child Support 5420 JOURNAL OF THE HOUSE Order may be modified as set forth in subsection (k) of this Code section to eliminate the Deviation. (j) Involuntary loss of income. (1) In the event a Parent suffers an involuntary termination of employment, has an extended involuntary loss of average weekly hours, is involved in an organized strike, incurs a loss of health, or similar involuntary adversity resulting in a loss of income of 25 percent or more, then the portion of child support attributable to lost income shall not accrue from the date of the service of the petition for modification, provided that service is made on the other Parent. It shall not be considered an involuntary termination of employment if the Parent has left the employer without good cause in connection with the Parent's most recent work. (2) In the event a modification action is filed pursuant to this subsection, the Court shall make every effort to expedite hearing such action. (3) The Court may, at its discretion, phase in the new child support award over a period of up to one year with the phasing in being largely evenly distributed with at least an initial immediate adjustment of not less than 25 percent of the difference and at least one intermediate adjustment prior to the final adjustment at the end of the phase-in period. (k) Modification. (1) No petition to modify child support may be filed by either Parent within a period of two years from the date of the final order on a previous petition to modify by the same Parent except where: (A) The Child Support Obligation Table set forth in subsection (o) of this Code section creates a difference of 15 percent or more between the Noncustodial Parent's Basic Child Support Obligation and a Georgia child support order entered prior to July 1, 2006; provided, however, that the provisions of this subparagraph shall not apply until January 1, 2007; (B) A Parenting Time Adjustment pursuant to subsection (g) of this Code section was made and a Noncustodial Parent has failed to exercise the court ordered visitation; (C) A Parenting Time Adjustment pursuant to subsection (g) of this Code section was made and a Noncustodial Parent has exercised a greater amount of visitation than was provided in the court order; or (D) The motion to modify is based upon an involuntary loss of income as set forth in subsection (j) of this Code section. (2) If there is a substantial change in either Parents income and financial status or the needs of the Child, either Parent shall the right to petition for modification of the child support award regardless of the length of time since the establishment of the child support award. (3)(A) If there is a difference of at least 15 percent but not more than 30 percent between a new award and a Georgia child support order entered prior to July 1, 2006, the Court may, at its discretion, phase in the new child support award over a period of up to one year with the phasing in being largely evenly distributed with at THURSDAY, MARCH 30, 2006 5421 least an initial immediate adjustment of not less than 25 percent of the difference and at least one intermediate adjustment prior to the final adjustment at the end of the phase-in period. (B) If there is a difference of 30 percent or more between a new award and a Georgia child support order entered prior to July 1, 2006, the Court may, at its discretion, phase in the new child support award over a period of up to two years with the phasing in being largely evenly distributed with at least an initial immediate adjustment of not less than 25 percent of the difference and at least one intermediate adjustment prior to the final adjustment at the end of the phase-in period. (C) All IV-D case reviews and modifications shall proceed and be governed by Code Section 19-11-12. Subsequent changes to the Child Support Obligation Table shall be a reason to request a review for modification from the IV-D agency to the extent that such changes are consistent with the requirements of Code Section 1911-12. (4) A petition for modification shall be filed and returnable under the same rules of procedure applicable to divorce proceedings. After hearing both parties and the evidence, the judge may modify and revise the previous judgment, in accordance with the changed circumstances, income and financial status of either Parent, or in the needs of the Child, if such change or changes are satisfactorily proven so as to warrant the modification and revision. A jury may be demanded on a petition for modification but the jury shall only be responsible for determining a Parent's Gross Income and any Deviations. In the hearing upon a petition for modification, testimony may be given and evidence introduced relative to the change of circumstances, income and financial status of either Parent, or in the needs of the Child. (5) In proceedings for the modification of a child support award pursuant to the provisions of this Code section, the Court may award attorney's fees, costs, and expenses of litigation to the prevailing party as the interests of justice may require. Where a Custodial Parent prevails in an upward modification of child support based upon the Noncustodial Parent's failure to be available and willing to exercise court ordered visitation as scheduled under the prior order of child support which provided a Parenting Time Adjustment in accordance with subsection (g) of this Code section, reasonable and necessary attorney's fees and expenses of litigation shall be awarded to the Custodial Parent. (l) Split Parenting. In cases of Split Parenting, a Worksheet shall be prepared separately for the Child for whom the father is the Custodial Parent and for the Child for whom the mother is the Custodial Parent, and that Worksheet shall be filed with the clerk of court. For each Split Parenting custodial situation, the Court shall determine: (1) Which Parent is the obligor; (2) The Presumptive Amount of Child Support; (3) The actual award of child support, if different from the Presumptive Amount of Child Support; 5422 JOURNAL OF THE HOUSE (4) How and when the sum certain amount of child support owed shall be paid; and (5) Any other child support responsibilities for each Parent. (m) Worksheets. (1) The Child Support Worksheet is used to record information necessary to determine and calculate child support. Schedules and Worksheets shall be prepared by the parties for purposes of calculating the amount of child support. Information from the schedules shall be entered on the Child Support Worksheet. The Child Support Worksheet and Schedule E shall be attached to the final court order or judgment, and any schedules completed by the parties shall be filed with the clerk of court. (2) The Child Support Worksheet and schedules shall be promulgated by the Georgia Child Support Commission. (n) Child Support Obligation Table. The Child Support Obligation Table shall be proposed by the Georgia Child Support Commission and shall be as codified in subsection (o) of this Code section. (o) Georgia Schedule of Basic Child Support Obligations. Georgia Schedule of Basic Child Support Obligations Combined One Adjusted Child Income Two Three Four Five Six Children Children Children Children Children $ 800.00 $ 197.00 $ 283.00 $ 330.00 $ 367.00 $ 404.00 $ 440.00 850.00 208.00 298.00 347.00 387.00 425.00 463.00 900.00 218.00 313.00 364.00 406.00 447.00 486.00 950.00 229.00 328.00 381.00 425.00 468.00 509.00 1,000.00 239.00 343.00 398.00 444.00 489.00 532.00 1,050.00 250.00 357.00 415.00 463.00 510.00 554.00 1,100.00 260.00 372.00 432.00 482.00 530.00 577.00 1,150.00 270.00 387.00 449.00 501.00 551.00 600.00 1,200.00 280.00 401.00 466.00 520.00 572.00 622.00 1,250.00 291.00 416.00 483.00 539.00 593.00 645.00 1,300.00 301.00 431.00 500.00 558.00 614.00 668.00 1,350.00 311.00 445.00 517.00 577.00 634.00 690.00 1,400.00 321.00 459.00 533.00 594.00 654.00 711.00 1,450.00 331.00 473.00 549.00 612.00 673.00 733.00 THURSDAY, MARCH 30, 2006 5423 1,500.00 1,550.00 1,600.00 1,650.00 1,700.00 1,750.00 1,800.00 1,850.00 1,900.00 1,950.00 2,000.00 2,050.00 2,100.00 2,150.00 2,200.00 2,250.00 2,300.00 2,350.00 2,400.00 2,450.00 2,500.00 2,550.00 2,600.00 2,650.00 2,700.00 2,750.00 2,800.00 340.00 350.00 360.00 369.00 379.00 389.00 398.00 408.00 418.00 427.00 437.00 446.00 455.00 465.00 474.00 483.00 492.00 501.00 510.00 519.00 528.00 537.00 547.00 556.00 565.00 574.00 583.00 487.00 500.00 514.00 528.00 542.00 555.00 569.00 583.00 596.00 610.00 624.00 637.00 650.00 663.00 676.00 688.00 701.00 714.00 727.00 740.00 752.00 765.00 778.00 791.00 804.00 816.00 829.00 565.00 581.00 597.00 612.00 628.00 644.00 660.00 676.00 692.00 708.00 723.00 739.00 754.00 769.00 783.00 798.00 813.00 828.00 843.00 858.00 873.00 888.00 902.00 917.00 932.00 947.00 962.00 630.00 647.00 665.00 683.00 701.00 718.00 736.00 754.00 771.00 789.00 807.00 824.00 840.00 857.00 873.00 890.00 907.00 923.00 940.00 956.00 973.00 990.00 1,006.00 1,023.00 1,039.00 1,056.00 1,073.00 693.00 712.00 732.00 751.00 771.00 790.00 809.00 829.00 848.00 868.00 887.00 906.00 924.00 943.00 961.00 979.00 997.00 1,016.00 1,034.00 1,052.00 1,070.00 1,089.00 1,107.00 1,125.00 1,143.00 1,162.00 1,180.00 754.00 775.00 796.00 817.00 838.00 860.00 881.00 902.00 923.00 944.00 965.00 986.00 1,006.00 1,026.00 1,045.00 1,065.00 1,085.00 1,105.00 1,125.00 1,145.00 1,165.00 1,184.00 1,204.00 1,224.00 1,244.00 1,264.00 1,284.00 5424 JOURNAL OF THE HOUSE 2,850.00 2,900.00 2,950.00 3,000.00 3,050.00 3,100.00 3,150.00 3,200.00 3,250.00 3,300.00 3,350.00 3,400.00 3,450.00 3,500.00 3,550.00 3,600.00 3,650.00 3,700.00 3,750.00 3,800.00 3,850.00 3,900.00 3,950.00 4,000.00 4,050.00 4,100.00 4,150.00 592.00 601.00 611.00 620.00 629.00 638.00 647.00 655.00 663.00 671.00 679.00 687.00 694.00 702.00 710.00 718.00 726.00 734.00 741.00 749.00 756.00 764.00 771.00 779.00 786.00 794.00 801.00 842.00 855.00 868.00 881.00 893.00 906.00 919.00 930.00 941.00 952.00 963.00 974.00 985.00 996.00 1,008.00 1,019.00 1,030.00 1,041.00 1,051.00 1,062.00 1,072.00 1,083.00 1,093.00 1,104.00 1,114.00 1,125.00 1,135.00 977.00 992.00 1,006.00 1,021.00 1,036.00 1,051.00 1,066.00 1,079.00 1,092.00 1,104.00 1,117.00 1,130.00 1,143.00 1,155.00 1,168.00 1,181.00 1,194.00 1,207.00 1,219.00 1,231.00 1,243.00 1,255.00 1,267.00 1,280.00 1,292.00 1,304.00 1,316.00 1,089.00 1,106.00 1,122.00 1,139.00 1,155.00 1,172.00 1,188.00 1,203.00 1,217.00 1,231.00 1,246.00 1,260.00 1,274.00 1,288.00 1,303.00 1,317.00 1,331.00 1,345.00 1,359.00 1,373.00 1,386.00 1,400.00 1,413.00 1,427.00 1,440.00 1,454.00 1,467.00 1,198.00 1,216.00 1,234.00 1,253.00 1,271.00 1,289.00 1,307.00 1,323.00 1,339.00 1,355.00 1,370.00 1,386.00 1,402.00 1,417.00 1,433.00 1,448.00 1,464.00 1,480.00 1,495.00 1,510.00 1,525.00 1,540.00 1,555.00 1,569.00 1,584.00 1,599.00 1,614.00 1,303.00 1,323.00 1,343.00 1,363.00 1,383.00 1,402.00 1,422.00 1,440.00 1,457.00 1,474.00 1,491.00 1,508.00 1,525.00 1,542.00 1,559.00 1,576.00 1,593.00 1,610.00 1,627.00 1,643.00 1,659.00 1,675.00 1,691.00 1,707.00 1,724.00 1,740.00 1,756.00 THURSDAY, MARCH 30, 2006 5425 4,200.00 4,250.00 4,300.00 4,350.00 4,400.00 4,450.00 4,500.00 4,550.00 4,600.00 4,650.00 4,700.00 4,750.00 4,800.00 4,850.00 4,900.00 4,950.00 5,000.00 5,050.00 5,100.00 5,150.00 5,200.00 5,250.00 5,300.00 5,350.00 5,400.00 5,450.00 5,500.00 809.00 816.00 824.00 831.00 839.00 846.00 853.00 861.00 868.00 876.00 883.00 891.00 898.00 906.00 911.00 914.00 917.00 921.00 924.00 927.00 930.00 934.00 937.00 940.00 943.00 947.00 950.00 1,146.00 1,156.00 1,167.00 1,177.00 1,188.00 1,198.00 1,209.00 1,219.00 1,230.00 1,240.00 1,251.00 1,261.00 1,271.00 1,282.00 1,289.00 1,293.00 1,297.00 1,300.00 1,304.00 1,308.00 1,312.00 1,316.00 1,320.00 1,323.00 1,327.00 1,331.00 1,335.00 1,328.00 1,340.00 1,352.00 1,364.00 1,376.00 1,388.00 1,400.00 1,412.00 1,425.00 1,437.00 1,449.00 1,461.00 1,473.00 1,485.00 1,493.00 1,496.00 1,500.00 1,503.00 1,507.00 1,510.00 1,514.00 1,517.00 1,521.00 1,524.00 1,528.00 1,531.00 1,535.00 1,481.00 1,494.00 1,508.00 1,521.00 1,534.00 1,548.00 1,561.00 1,575.00 1,588.00 1,602.00 1,615.00 1,629.00 1,642.00 1,656.00 1,664.00 1,668.00 1,672.00 1,676.00 1,680.00 1,684.00 1,688.00 1,692.00 1,696.00 1,700.00 1,704.00 1,708.00 1,711.00 1,629.00 1,643.00 1,658.00 1,673.00 1,688.00 1,703.00 1,718.00 1,732.00 1,747.00 1,762.00 1,777.00 1,792.00 1,807.00 1,821.00 1,831.00 1,835.00 1,839.00 1,844.00 1,848.00 1,852.00 1,857.00 1,861.00 1,865.00 1,870.00 1,874.00 1,878.00 1,883.00 1,772.00 1,788.00 1,804.00 1,820.00 1,836.00 1,853.00 1,869.00 1,885.00 1,901.00 1,917.00 1,933.00 1,949.00 1,966.00 1,982.00 1,992.00 1,997.00 2,001.00 2,006.00 2,011.00 2,015.00 2,020.00 2,025.00 2,029.00 2,034.00 2,039.00 2,044.00 2,048.00 5426 JOURNAL OF THE HOUSE 5,550.00 5,600.00 5,650.00 5,700.00 5,750.00 5,800.00 5,850.00 5,900.00 5,950.00 6,000.00 6,050.00 6,100.00 6,150.00 6,200.00 6,250.00 6,300.00 6,350.00 6,400.00 6,450.00 6,500.00 6,550.00 6,600.00 6,650.00 6,700.00 6,750.00 6,800.00 6,850.00 953.00 956.00 960.00 964.00 968.00 971.00 975.00 979.00 983.00 987.00 991.00 995.00 999.00 1,003.00 1,007.00 1,011.00 1,015.00 1,018.00 1,023.00 1,027.00 1,031.00 1,035.00 1,039.00 1,043.00 1,047.00 1,051.00 1,055.00 1,339.00 1,342.00 1,347.00 1,352.00 1,357.00 1,363.00 1,368.00 1,373.00 1,379.00 1,384.00 1,389.00 1,394.00 1,400.00 1,405.00 1,410.00 1,416.00 1,421.00 1,426.00 1,432.00 1,437.00 1,442.00 1,448.00 1,453.00 1,459.00 1,464.00 1,470.00 1,475.00 1,538.00 1,542.00 1,546.00 1,552.00 1,558.00 1,564.00 1,570.00 1,575.00 1,581.00 1,587.00 1,593.00 1,599.00 1,605.00 1,610.00 1,616.00 1,622.00 1,628.00 1,633.00 1,639.00 1,646.00 1,652.00 1,658.00 1,664.00 1,670.00 1,676.00 1,682.00 1,688.00 1,715.00 1,719.00 1,724.00 1,731.00 1,737.00 1,744.00 1,750.00 1,757.00 1,763.00 1,770.00 1,776.00 1,783.00 1,789.00 1,796.00 1,802.00 1,809.00 1,815.00 1,821.00 1,828.00 1,835.00 1,841.00 1,848.00 1,855.00 1,862.00 1,869.00 1,875.00 1,882.00 1,887.00 1,891.00 1,896.00 1,904.00 1,911.00 1,918.00 1,925.00 1,932.00 1,939.00 1,947.00 1,954.00 1,961.00 1,968.00 1,975.00 1,982.00 1,989.00 1,996.00 2,003.00 2,011.00 2,018.00 2,026.00 2,033.00 2,040.00 2,048.00 2,055.00 2,063.00 2,070.00 2,053.00 2,058.00 2,063.00 2,071.00 2,079.00 2,087.00 2,094.00 2,102.00 2,110.00 2,118.00 2,126.00 2,133.00 2,141.00 2,149.00 2,157.00 2,164.00 2,172.00 2,180.00 2,188.00 2,196.00 2,204.00 2,212.00 2,220.00 2,228.00 2,236.00 2,244.00 2,252.00 THURSDAY, MARCH 30, 2006 5427 6,900.00 6,950.00 7,000.00 7,050.00 7,100.00 7,150.00 7,200.00 7,250.00 7,300.00 7,350.00 7,400.00 7,450.00 7,500.00 7,550.00 7,600.00 7,650.00 7,700.00 7,750.00 7,800.00 7,850.00 7,900.00 7,950.00 8,000.00 8,050.00 8,100.00 8,150.00 8,200.00 1,059.00 1,063.00 1,067.00 1,071.00 1,075.00 1,079.00 1,083.00 1,087.00 1,092.00 1,096.00 1,100.00 1,104.00 1,108.00 1,112.00 1,116.00 1,117.00 1,118.00 1,119.00 1,120.00 1,122.00 1,123.00 1,124.00 1,125.00 1,127.00 1,128.00 1,129.00 1,130.00 1,480.00 1,486.00 1,491.00 1,497.00 1,502.00 1,508.00 1,513.00 1,518.00 1,524.00 1,529.00 1,535.00 1,540.00 1,546.00 1,552.00 1,556.00 1,557.00 1,559.00 1,560.00 1,562.00 1,563.00 1,565.00 1,566.00 1,567.00 1,569.00 1,570.00 1,572.00 1,573.00 1,694.00 1,700.00 1,706.00 1,712.00 1,718.00 1,724.00 1,730.00 1,736.00 1,742.00 1,748.00 1,755.00 1,761.00 1,767.00 1,773.00 1,778.00 1,779.00 1,781.00 1,782.00 1,784.00 1,785.00 1,786.00 1,788.00 1,789.00 1,790.00 1,792.00 1,793.00 1,795.00 1,889.00 1,896.00 1,902.00 1,909.00 1,916.00 1,923.00 1,929.00 1,936.00 1,943.00 1,950.00 1,956.00 1,963.00 1,970.00 1,977.00 1,983.00 1,984.00 1,986.00 1,987.00 1,989.00 1,990.00 1,992.00 1,993.00 1,995.00 1,996.00 1,998.00 1,999.00 2,001.00 2,078.00 2,085.00 2,092.00 2,100.00 2,107.00 2,115.00 2,122.00 2,130.00 2,137.00 2,144.00 2,152.00 2,159.00 2,167.00 2,175.00 2,181.00 2,182.00 2,184.00 2,186.00 2,188.00 2,189.00 2,191.00 2,193.00 2,194.00 2,196.00 2,198.00 2,199.00 2,201.00 2,260.00 2,269.00 2,277.00 2,285.00 2,293.00 2,301.00 2,309.00 2,317.00 2,325.00 2,333.00 2,341.00 2,349.00 2,357.00 2,366.00 2,373.00 2,375.00 2,376.00 2,378.00 2,380.00 2,382.00 2,384.00 2,386.00 2,387.00 2,389.00 2,391.00 2,393.00 2,395.00 5428 JOURNAL OF THE HOUSE 8,250.00 8,300.00 8,350.00 8,400.00 8,450.00 8,500.00 8,550.00 8,600.00 8,650.00 8,700.00 8,750.00 8,800.00 8,850.00 8,900.00 8,950.00 9,000.00 9,050.00 9,100.00 9,150.00 9,200.00 9,250.00 9,300.00 9,350.00 9,400.00 9,450.00 9,500.00 9,550.00 1,131.00 1,133.00 1,134.00 1,135.00 1,136.00 1,138.00 1,139.00 1,140.00 1,141.00 1,142.00 1,144.00 1,145.00 1,146.00 1,147.00 1,149.00 1,150.00 1,153.00 1,159.00 1,164.00 1,170.00 1,175.00 1,181.00 1,187.00 1,192.00 1,198.00 1,203.00 1,209.00 1,575.00 1,576.00 1,578.00 1,579.00 1,580.00 1,582.00 1,583.00 1,585.00 1,586.00 1,588.00 1,589.00 1,591.00 1,592.00 1,593.00 1,595.00 1,596.00 1,601.00 1,609.00 1,617.00 1,624.00 1,632.00 1,640.00 1,648.00 1,656.00 1,663.00 1,671.00 1,679.00 1,796.00 1,797.00 1,799.00 1,800.00 1,802.00 1,803.00 1,804.00 1,806.00 1,807.00 1,808.00 1,810.00 1,811.00 1,813.00 1,814.00 1,815.00 1,817.00 1,822.00 1,831.00 1,840.00 1,849.00 1,858.00 1,867.00 1,876.00 1,885.00 1,894.00 1,902.00 1,911.00 2,003.00 2,004.00 2,006.00 2,007.00 2,009.00 2,010.00 2,012.00 2,013.00 2,015.00 2,016.00 2,018.00 2,019.00 2,021.00 2,023.00 2,024.00 2,026.00 2,032.00 2,042.00 2,052.00 2,062.00 2,071.00 2,081.00 2,091.00 2,101.00 2,111.00 2,121.00 2,131.00 2,203.00 2,204.00 2,206.00 2,208.00 2,210.00 2,211.00 2,213.00 2,215.00 2,216.00 2,218.00 2,220.00 2,221.00 2,223.00 2,225.00 2,226.00 2,228.00 2,235.00 2,246.00 2,257.00 2,268.00 2,279.00 2,290.00 2,301.00 2,311.00 2,322.00 2,333.00 2,344.00 2,397.00 2,398.00 2,400.00 2,402.00 2,404.00 2,406.00 2,408.00 2,410.00 2,411.00 2,413.00 2,415.00 2,417.00 2,419.00 2,421.00 2,422.00 2,424.00 2,431.00 2,443.00 2,455.00 2,467.00 2,479.00 2,491.00 2,503.00 2,515.00 2,527.00 2,539.00 2,551.00 THURSDAY, MARCH 30, 2006 5429 9,600.00 1,214.00 9,650.00 1,220.00 9,700.00 1,226.00 9,750.00 1,231.00 9,800.00 1,237.00 9,850.00 1,242.00 9,900.00 1,248.00 9,950.00 1,253.00 10,000.00 1,259.00 10,050.00 1,264.00 10,100.00 1,270.00 10,150.00 1,276.00 10,200.00 1,281.00 10,250.00 1,287.00 10,300.00 1,292.00 10,350.00 1,298.00 10,400.00 1,303.00 10,450.00 1,309.00 10,500.00 1,313.00 10,550.00 1,317.00 10,600.00 1,321.00 10,650.00 1,325.00 10,700.00 1,329.00 10,750.00 1,332.00 10,800.00 1,336.00 10,850.00 1,340.00 10,900.00 1,344.00 1,687.00 1,694.00 1,702.00 1,710.00 1,718.00 1,725.00 1,733.00 1,741.00 1,749.00 1,757.00 1,764.00 1,772.00 1,780.00 1,788.00 1,795.00 1,803.00 1,811.00 1,819.00 1,825.00 1,830.00 1,835.00 1,841.00 1,846.00 1,851.00 1,856.00 1,862.00 1,867.00 1,920.00 1,929.00 1,938.00 1,947.00 1,956.00 1,965.00 1,974.00 1,983.00 1,992.00 2,001.00 2,010.00 2,019.00 2,028.00 2,036.00 2,045.00 2,054.00 2,063.00 2,072.00 2,079.00 2,085.00 2,091.00 2,096.00 2,102.00 2,108.00 2,114.00 2,120.00 2,126.00 2,141.00 2,151.00 2,161.00 2,171.00 2,181.00 2,191.00 2,201.00 2,211.00 2,221.00 2,231.00 2,241.00 2,251.00 2,261.00 2,271.00 2,281.00 2,291.00 2,301.00 2,311.00 2,318.00 2,325.00 2,331.00 2,338.00 2,344.00 2,351.00 2,357.00 2,364.00 2,370.00 2,355.00 2,366.00 2,377.00 2,388.00 2,399.00 2,410.00 2,421.00 2,432.00 2,443.00 2,454.00 2,465.00 2,476.00 2,487.00 2,498.00 2,509.00 2,520.00 2,531.00 2,542.00 2,550.00 2,557.00 2,564.00 2,571.00 2,578.00 2,586.00 2,593.00 2,600.00 2,607.00 2,563.00 2,574.00 2,586.00 2,598.00 2,610.00 2,622.00 2,634.00 2,646.00 2,658.00 2,670.00 2,682.00 2,694.00 2,706.00 2,718.00 2,729.00 2,741.00 2,753.00 2,765.00 2,774.00 2,782.00 2,790.00 2,798.00 2,805.00 2,813.00 2,821.00 2,829.00 2,836.00 5430 JOURNAL OF THE HOUSE 10,950.00 1,348.00 11,000.00 1,351.00 11,050.00 1,355.00 11,100.00 1,359.00 11,150.00 1,363.00 11,200.00 1,367.00 11,250.00 1,371.00 11,300.00 1,374.00 11,350.00 1,378.00 11,400.00 1,382.00 11,450.00 1,386.00 11,500.00 1,390.00 11,550.00 1,394.00 11,600.00 1,397.00 11,650.00 1,401.00 11,700.00 1,405.00 11,750.00 1,409.00 11,800.00 1,413.00 11,850.00 1,417.00 11,900.00 1,420.00 11,950.00 1,424.00 12,000.00 1,428.00 12,050.00 1,432.00 12,100.00 1,436.00 12,150.00 1,439.00 12,200.00 1,443.00 12,250.00 1,447.00 1,872.00 1,877.00 1,883.00 1,888.00 1,893.00 1,898.00 1,904.00 1,909.00 1,914.00 1,919.00 1,925.00 1,930.00 1,935.00 1,940.00 1,946.00 1,951.00 1,956.00 1,961.00 1,967.00 1,972.00 1,977.00 1,982.00 1,988.00 1,993.00 1,998.00 2,003.00 2,009.00 2,131.00 2,137.00 2,143.00 2,149.00 2,155.00 2,161.00 2,166.00 2,172.00 2,178.00 2,184.00 2,190.00 2,195.00 2,201.00 2,207.00 2,213.00 2,219.00 2,225.00 2,230.00 2,236.00 2,242.00 2,248.00 2,254.00 2,260.00 2,265.00 2,271.00 2,277.00 2,283.00 2,377.00 2,383.00 2,390.00 2,396.00 2,403.00 2,409.00 2,415.00 2,422.00 2,428.00 2,435.00 2,441.00 2,448.00 2,454.00 2,461.00 2,467.00 2,474.00 2,480.00 2,487.00 2,493.00 2,500.00 2,506.00 2,513.00 2,519.00 2,526.00 2,532.00 2,539.00 2,545.00 2,614.00 2,621.00 2,628.00 2,636.00 2,643.00 2,650.00 2,657.00 2,664.00 2,671.00 2,678.00 2,686.00 2,693.00 2,700.00 2,707.00 2,714.00 2,721.00 2,728.00 2,736.00 2,743.00 2,750.00 2,757.00 2,764.00 2,771.00 2,779.00 2,786.00 2,793.00 2,800.00 2,844.00 2,852.00 2,860.00 2,868.00 2,875.00 2,883.00 2,891.00 2,899.00 2,906.00 2,914.00 2,922.00 2,930.00 2,938.00 2,945.00 2,953.00 2,961.00 2,969.00 2,976.00 2,984.00 2,992.00 3,000.00 3,007.00 3,015.00 3,023.00 3,031.00 3,039.00 3,046.00 THURSDAY, MARCH 30, 2006 5431 12,300.00 1,451.00 12,350.00 1,455.00 12,400.00 1,459.00 12,450.00 1,462.00 12,500.00 1,466.00 12,550.00 1,470.00 12,600.00 1,474.00 12,650.00 1,477.00 12,700.00 1,481.00 12,750.00 1,484.00 12,800.00 1,487.00 12,850.00 1,491.00 12,900.00 1,494.00 12,950.00 1,497.00 13,000.00 1,501.00 13,050.00 1,504.00 13,100.00 1,507.00 13,150.00 1,510.00 13,200.00 1,514.00 13,250.00 1,517.00 13,300.00 1,520.00 13,350.00 1,523.00 13,400.00 1,526.00 13,450.00 1,529.00 13,500.00 1,532.00 13,550.00 1,535.00 13,600.00 1,538.00 2,014.00 2,019.00 2,024.00 2,030.00 2,035.00 2,040.00 2,045.00 2,050.00 2,055.00 2,060.00 2,064.00 2,069.00 2,074.00 2,078.00 2,083.00 2,087.00 2,092.00 2,097.00 2,101.00 2,106.00 2,110.00 2,114.00 2,118.00 2,123.00 2,127.00 2,131.00 2,136.00 2,289.00 2,295.00 2,300.00 2,306.00 2,312.00 2,318.00 2,324.00 2,329.00 2,335.00 2,340.00 2,345.00 2,351.00 2,356.00 2,361.00 2,367.00 2,372.00 2,377.00 2,383.00 2,388.00 2,393.00 2,398.00 2,403.00 2,408.00 2,413.00 2,418.00 2,423.00 2,428.00 2,552.00 2,558.00 2,565.00 2,571.00 2,578.00 2,584.00 2,591.00 2,597.00 2,603.00 2,609.00 2,615.00 2,621.00 2,627.00 2,633.00 2,639.00 2,645.00 2,651.00 2,657.00 2,663.00 2,668.00 2,674.00 2,679.00 2,685.00 2,690.00 2,696.00 2,701.00 2,707.00 2,807.00 2,814.00 2,821.00 2,829.00 2,836.00 2,843.00 2,850.00 2,857.00 2,863.00 2,870.00 2,877.00 2,883.00 2,890.00 2,896.00 2,903.00 2,909.00 2,916.00 2,922.00 2,929.00 2,935.00 2,941.00 2,947.00 2,953.00 2,959.00 2,965.00 2,971.00 2,977.00 3,054.00 3,062.00 3,070.00 3,077.00 3,085.00 3,093.00 3,101.00 3,108.00 3,115.00 3,123.00 3,130.00 3,137.00 3,144.00 3,151.00 3,158.00 3,165.00 3,172.00 3,180.00 3,187.00 3,193.00 3,200.00 3,206.00 3,213.00 3,220.00 3,226.00 3,233.00 3,239.00 5432 JOURNAL OF THE HOUSE 13,650.00 1,541.00 13,700.00 1,544.00 13,750.00 1,547.00 13,800.00 1,550.00 13,850.00 1,553.00 13,900.00 1,556.00 13,950.00 1,559.00 14,000.00 1,562.00 14,050.00 1,565.00 14,100.00 1,568.00 14,150.00 1,571.00 14,200.00 1,574.00 14,250.00 1,577.00 14,300.00 1,581.00 14,350.00 1,584.00 14,400.00 1,587.00 14,450.00 1,590.00 14,500.00 1,593.00 14,550.00 1,596.00 14,600.00 1,599.00 14,650.00 1,602.00 14,700.00 1,605.00 14,750.00 1,608.00 14,800.00 1,611.00 14,850.00 1,614.00 14,900.00 1,617.00 14,950.00 1,620.00 2,140.00 2,144.00 2,148.00 2,153.00 2,157.00 2,161.00 2,166.00 2,170.00 2,174.00 2,178.00 2,183.00 2,187.00 2,191.00 2,195.00 2,200.00 2,204.00 2,208.00 2,213.00 2,217.00 2,221.00 2,225.00 2,230.00 2,234.00 2,238.00 2,243.00 2,247.00 2,251.00 2,432.00 2,437.00 2,442.00 2,447.00 2,452.00 2,457.00 2,462.00 2,467.00 2,472.00 2,477.00 2,482.00 2,487.00 2,492.00 2,497.00 2,502.00 2,506.00 2,511.00 2,516.00 2,521.00 2,526.00 2,531.00 2,536.00 2,541.00 2,546.00 2,551.00 2,556.00 2,561.00 2,712.00 2,718.00 2,723.00 2,729.00 2,734.00 2,740.00 2,745.00 2,751.00 2,756.00 2,762.00 2,767.00 2,773.00 2,778.00 2,784.00 2,789.00 2,795.00 2,800.00 2,806.00 2,811.00 2,817.00 2,822.00 2,828.00 2,833.00 2,839.00 2,844.00 2,850.00 2,855.00 2,983.00 2,989.00 2,996.00 3,002.00 3,008.00 3,014.00 3,020.00 3,026.00 3,032.00 3,038.00 3,044.00 3,050.00 3,056.00 3,062.00 3,068.00 3,074.00 3,080.00 3,086.00 3,092.00 3,098.00 3,104.00 3,111.00 3,117.00 3,123.00 3,129.00 3,135.00 3,141.00 3,246.00 3,253.00 3,259.00 3,266.00 3,272.00 3,279.00 3,285.00 3,292.00 3,299.00 3,305.00 3,312.00 3,318.00 3,325.00 3,332.00 3,338.00 3,345.00 3,351.00 3,358.00 3,365.00 3,371.00 3,378.00 3,384.00 3,391.00 3,397.00 3,404.00 3,411.00 3,417.00 THURSDAY, MARCH 30, 2006 5433 15,000.00 1,623.00 15,050.00 1,626.00 15,100.00 1,629.00 15,150.00 1,632.00 15,200.00 1,635.00 15,250.00 1,638.00 15,300.00 1,641.00 15,350.00 1,644.00 15,400.00 1,647.00 15,450.00 1,650.00 15,500.00 1,653.00 15,550.00 1,656.00 15,600.00 1,659.00 15,650.00 1,663.00 15,700.00 1,666.00 15,750.00 1,669.00 15,800.00 1,672.00 15,850.00 1,675.00 15,900.00 1,678.00 15,950.00 1,681.00 16,000.00 1,684.00 16,050.00 1,687.00 16,100.00 1,690.00 16,150.00 1,692.00 16,200.00 1,695.00 16,250.00 1,698.00 16,300.00 1,700.00 2,255.00 2,260.00 2,264.00 2,268.00 2,272.00 2,277.00 2,281.00 2,285.00 2,290.00 2,294.00 2,298.00 2,302.00 2,307.00 2,311.00 2,315.00 2,320.00 2,324.00 2,328.00 2,332.00 2,337.00 2,341.00 2,345.00 2,349.00 2,353.00 2,356.00 2,360.00 2,363.00 2,566.00 2,571.00 2,576.00 2,581.00 2,585.00 2,590.00 2,595.00 2,600.00 2,605.00 2,610.00 2,615.00 2,620.00 2,625.00 2,630.00 2,635.00 2,640.00 2,645.00 2,650.00 2,655.00 2,659.00 2,664.00 2,669.00 2,674.00 2,678.00 2,682.00 2,686.00 2,689.00 2,861.00 2,866.00 2,872.00 2,877.00 2,883.00 2,888.00 2,894.00 2,899.00 2,905.00 2,910.00 2,916.00 2,921.00 2,927.00 2,932.00 2,938.00 2,943.00 2,949.00 2,954.00 2,960.00 2,965.00 2,971.00 2,976.00 2,982.00 2,986.00 2,990.00 2,994.00 2,999.00 3,147.00 3,153.00 3,159.00 3,165.00 3,171.00 3,177.00 3,183.00 3,189.00 3,195.00 3,201.00 3,207.00 3,213.00 3,219.00 3,226.00 3,232.00 3,238.00 3,244.00 3,250.00 3,256.00 3,262.00 3,268.00 3,274.00 3,280.00 3,285.00 3,289.00 3,294.00 3,299.00 3,424.00 3,430.00 3,437.00 3,444.00 3,450.00 3,457.00 3,463.00 3,470.00 3,476.00 3,483.00 3,490.00 3,496.00 3,503.00 3,509.00 3,516.00 3,523.00 3,529.00 3,536.00 3,542.00 3,549.00 3,555.00 3,562.00 3,569.00 3,574.00 3,579.00 3,584.00 3,589.00 5434 JOURNAL OF THE HOUSE 16,350.00 1,703.00 16,400.00 1,706.00 16,450.00 1,708.00 16,500.00 1,711.00 16,550.00 1,714.00 16,600.00 1,716.00 16,650.00 1,719.00 16,700.00 1,722.00 16,750.00 1,724.00 16,800.00 1,727.00 16,850.00 1,730.00 16,900.00 1,732.00 16,950.00 1,735.00 17,000.00 1,737.00 17,050.00 1,740.00 17,100.00 1,743.00 17,150.00 1,745.00 17,200.00 1,748.00 17,250.00 1,751.00 17,300.00 1,753.00 17,350.00 1,756.00 17,400.00 1,759.00 17,450.00 1,761.00 17,500.00 1,764.00 17,550.00 1,767.00 17,600.00 1,769.00 17,650.00 1,772.00 2,367.00 2,370.00 2,374.00 2,377.00 2,381.00 2,384.00 2,388.00 2,391.00 2,395.00 2,398.00 2,402.00 2,405.00 2,409.00 2,412.00 2,416.00 2,419.00 2,423.00 2,426.00 2,430.00 2,433.00 2,437.00 2,440.00 2,444.00 2,447.00 2,451.00 2,454.00 2,458.00 2,693.00 2,697.00 2,701.00 2,705.00 2,708.00 2,712.00 2,716.00 2,720.00 2,724.00 2,728.00 2,731.00 2,735.00 2,739.00 2,743.00 2,747.00 2,750.00 2,754.00 2,758.00 2,762.00 2,766.00 2,769.00 2,773.00 2,777.00 2,781.00 2,785.00 2,788.00 2,792.00 3,003.00 3,007.00 3,011.00 3,016.00 3,020.00 3,024.00 3,028.00 3,033.00 3,037.00 3,041.00 3,045.00 3,050.00 3,054.00 3,058.00 3,062.00 3,067.00 3,071.00 3,075.00 3,079.00 3,084.00 3,088.00 3,092.00 3,096.00 3,101.00 3,105.00 3,109.00 3,113.00 3,303.00 3,308.00 3,313.00 3,317.00 3,322.00 3,327.00 3,331.00 3,336.00 3,341.00 3,345.00 3,350.00 3,355.00 3,359.00 3,364.00 3,369.00 3,373.00 3,378.00 3,383.00 3,387.00 3,392.00 3,397.00 3,401.00 3,406.00 3,411.00 3,415.00 3,420.00 3,425.00 3,594.00 3,599.00 3,604.00 3,609.00 3,614.00 3,619.00 3,624.00 3,630.00 3,635.00 3,640.00 3,645.00 3,650.00 3,655.00 3,660.00 3,665.00 3,670.00 3,675.00 3,680.00 3,685.00 3,691.00 3,696.00 3,701.00 3,706.00 3,711.00 3,716.00 3,721.00 3,726.00 THURSDAY, MARCH 30, 2006 5435 17,700.00 1,774.00 17,750.00 1,777.00 17,800.00 1,780.00 17,850.00 1,782.00 17,900.00 1,785.00 17,950.00 1,788.00 18,000.00 1,790.00 18,050.00 1,793.00 18,100.00 1,796.00 18,150.00 1,798.00 18,200.00 1,801.00 18,250.00 1,804.00 18,300.00 1,806.00 18,350.00 1,809.00 18,400.00 1,812.00 18,450.00 1,814.00 18,500.00 1,817.00 18,550.00 1,819.00 18,600.00 1,822.00 18,650.00 1,825.00 18,700.00 1,827.00 18,750.00 1,830.00 18,800.00 1,833.00 18,850.00 1,835.00 18,900.00 1,838.00 18,950.00 1,841.00 19,000.00 1,843.00 2,461.00 2,465.00 2,468.00 2,472.00 2,475.00 2,478.00 2,482.00 2,485.00 2,489.00 2,492.00 2,496.00 2,499.00 2,503.00 2,506.00 2,510.00 2,513.00 2,517.00 2,520.00 2,524.00 2,527.00 2,531.00 2,534.00 2,538.00 2,541.00 2,545.00 2,548.00 2,552.00 2,796.00 2,800.00 2,804.00 2,808.00 2,811.00 2,815.00 2,819.00 2,823.00 2,827.00 2,830.00 2,834.00 2,838.00 2,842.00 2,846.00 2,849.00 2,853.00 2,857.00 2,861.00 2,865.00 2,868.00 2,872.00 2,876.00 2,880.00 2,884.00 2,888.00 2,891.00 2,895.00 3,118.00 3,122.00 3,126.00 3,130.00 3,135.00 3,139.00 3,143.00 3,147.00 3,152.00 3,156.00 3,160.00 3,164.00 3,169.00 3,173.00 3,177.00 3,181.00 3,186.00 3,190.00 3,194.00 3,198.00 3,203.00 3,207.00 3,211.00 3,215.00 3,220.00 3,224.00 3,228.00 3,429.00 3,434.00 3,439.00 3,443.00 3,448.00 3,453.00 3,457.00 3,462.00 3,467.00 3,471.00 3,476.00 3,481.00 3,485.00 3,490.00 3,495.00 3,499.00 3,504.00 3,509.00 3,513.00 3,518.00 3,523.00 3,528.00 3,532.00 3,537.00 3,542.00 3,546.00 3,551.00 3,731.00 3,736.00 3,741.00 3,746.00 3,752.00 3,757.00 3,762.00 3,767.00 3,772.00 3,777.00 3,782.00 3,787.00 3,792.00 3,797.00 3,802.00 3,807.00 3,813.00 3,818.00 3,823.00 3,828.00 3,833.00 3,838.00 3,843.00 3,848.00 3,853.00 3,858.00 3,863.00 5436 JOURNAL OF THE HOUSE 19,050.00 1,846.00 19,100.00 1,849.00 19,150.00 1,851.00 19,200.00 1,854.00 19,250.00 1,856.00 19,300.00 1,859.00 19,350.00 1,862.00 19,400.00 1,864.00 19,450.00 1,867.00 19,500.00 1,870.00 19,550.00 1,872.00 19,600.00 1,875.00 19,650.00 1,878.00 19,700.00 1,880.00 19,750.00 1,883.00 19,800.00 1,886.00 19,850.00 1,888.00 19,900.00 1,891.00 19,950.00 1,893.00 20,000.00 1,896.00 20,050.00 1,899.00 20,100.00 1,901.00 20,150.00 1,904.00 20,200.00 1,907.00 20,250.00 1,909.00 20,300.00 1,912.00 20,350.00 1,915.00 2,555.00 2,559.00 2,562.00 2,566.00 2,569.00 2,573.00 2,576.00 2,580.00 2,583.00 2,587.00 2,590.00 2,594.00 2,597.00 2,601.00 2,604.00 2,608.00 2,611.00 2,615.00 2,618.00 2,622.00 2,625.00 2,628.00 2,632.00 2,635.00 2,639.00 2,642.00 2,646.00 2,899.00 2,903.00 2,907.00 2,910.00 2,914.00 2,918.00 2,922.00 2,926.00 2,929.00 2,933.00 2,937.00 2,941.00 2,945.00 2,948.00 2,952.00 2,956.00 2,960.00 2,964.00 2,967.00 2,971.00 2,975.00 2,979.00 2,983.00 2,987.00 2,990.00 2,994.00 2,998.00 3,232.00 3,237.00 3,241.00 3,245.00 3,249.00 3,254.00 3,258.00 3,262.00 3,266.00 3,271.00 3,275.00 3,279.00 3,283.00 3,288.00 3,292.00 3,296.00 3,300.00 3,305.00 3,309.00 3,313.00 3,317.00 3,321.00 3,326.00 3,330.00 3,334.00 3,338.00 3,343.00 3,556.00 3,560.00 3,565.00 3,570.00 3,574.00 3,579.00 3,584.00 3,588.00 3,593.00 3,598.00 3,602.00 3,607.00 3,612.00 3,616.00 3,621.00 3,626.00 3,630.00 3,635.00 3,640.00 3,644.00 3,649.00 3,654.00 3,658.00 3,663.00 3,668.00 3,672.00 3,677.00 3,868.00 3,874.00 3,879.00 3,884.00 3,889.00 3,894.00 3,899.00 3,904.00 3,909.00 3,914.00 3,919.00 3,924.00 3,929.00 3,935.00 3,940.00 3,945.00 3,950.00 3,955.00 3,960.00 3,965.00 3,970.00 3,975.00 3,980.00 3,985.00 3,990.00 3,996.00 4,001.00 THURSDAY, MARCH 30, 2006 5437 20,400.00 1,917.00 20,450.00 1,920.00 20,500.00 1,923.00 20,550.00 1,925.00 20,600.00 1,928.00 20,650.00 1,931.00 20,700.00 1,933.00 20,750.00 1,936.00 20,800.00 1,938.00 20,850.00 1,941.00 20,900.00 1,944.00 20,950.00 1,946.00 21,000.00 1,949.00 21,050.00 1,952.00 21,100.00 1,954.00 21,150.00 1,957.00 21,200.00 1,960.00 21,250.00 1,962.00 21,300.00 1,965.00 21,350.00 1,968.00 21,400.00 1,970.00 21,450.00 1,973.00 21,500.00 1,975.00 21,550.00 1,978.00 21,600.00 1,981.00 21,650.00 1,983.00 21,700.00 1,986.00 2,649.00 2,653.00 2,656.00 2,660.00 2,663.00 2,667.00 2,670.00 2,674.00 2,677.00 2,681.00 2,684.00 2,688.00 2,691.00 2,695.00 2,698.00 2,702.00 2,705.00 2,709.00 2,712.00 2,716.00 2,719.00 2,723.00 2,726.00 2,730.00 2,733.00 2,737.00 2,740.00 3,002.00 3,006.00 3,009.00 3,013.00 3,017.00 3,021.00 3,025.00 3,028.00 3,032.00 3,036.00 3,040.00 3,044.00 3,047.00 3,051.00 3,055.00 3,059.00 3,063.00 3,067.00 3,070.00 3,074.00 3,078.00 3,082.00 3,086.00 3,089.00 3,093.00 3,097.00 3,101.00 3,347.00 3,351.00 3,355.00 3,360.00 3,364.00 3,368.00 3,372.00 3,377.00 3,381.00 3,385.00 3,389.00 3,394.00 3,398.00 3,402.00 3,406.00 3,411.00 3,415.00 3,419.00 3,423.00 3,428.00 3,432.00 3,436.00 3,440.00 3,445.00 3,449.00 3,453.00 3,457.00 3,682.00 3,686.00 3,691.00 3,696.00 3,700.00 3,705.00 3,710.00 3,714.00 3,719.00 3,724.00 3,728.00 3,733.00 3,738.00 3,742.00 3,747.00 3,752.00 3,756.00 3,761.00 3,766.00 3,770.00 3,775.00 3,780.00 3,784.00 3,789.00 3,794.00 3,798.00 3,803.00 4,006.00 4,011.00 4,016.00 4,021.00 4,026.00 4,031.00 4,036.00 4,041.00 4,046.00 4,051.00 4,056.00 4,062.00 4,067.00 4,072.00 4,077.00 4,082.00 4,087.00 4,092.00 4,097.00 4,102.00 4,107.00 4,112.00 4,117.00 4,123.00 4,128.00 4,133.00 4,138.00 5438 JOURNAL OF THE HOUSE 21,750.00 1,989.00 21,800.00 1,991.00 21,850.00 1,994.00 21,900.00 1,997.00 21,950.00 1,999.00 22,000.00 2,002.00 22,050.00 2,005.00 22,100.00 2,007.00 22,150.00 2,010.00 22,200.00 2,012.00 22,250.00 2,015.00 22,300.00 2,018.00 22,350.00 2,020.00 22,400.00 2,022.00 22,450.00 2,024.00 22,500.00 2,025.00 22,550.00 2,027.00 22,600.00 2,028.00 22,650.00 2,029.00 22,700.00 2,031.00 22,750.00 2,032.00 22,800.00 2,034.00 22,850.00 2,035.00 22,900.00 2,036.00 22,950.00 2,038.00 23,000.00 2,039.00 23,050.00 2,041.00 2,744.00 2,747.00 2,751.00 2,754.00 2,758.00 2,761.00 2,765.00 2,768.00 2,772.00 2,775.00 2,779.00 2,782.00 2,785.00 2,788.00 2,790.00 2,792.00 2,793.00 2,795.00 2,797.00 2,799.00 2,801.00 2,803.00 2,804.00 2,806.00 2,808.00 2,810.00 2,812.00 3,105.00 3,108.00 3,112.00 3,116.00 3,120.00 3,124.00 3,127.00 3,131.00 3,135.00 3,139.00 3,143.00 3,147.00 3,150.00 3,153.00 3,155.00 3,157.00 3,158.00 3,160.00 3,162.00 3,164.00 3,166.00 3,168.00 3,169.00 3,171.00 3,173.00 3,175.00 3,177.00 3,462.00 3,466.00 3,470.00 3,474.00 3,479.00 3,483.00 3,487.00 3,491.00 3,496.00 3,500.00 3,504.00 3,508.00 3,513.00 3,515.00 3,517.00 3,520.00 3,522.00 3,524.00 3,526.00 3,528.00 3,530.00 3,532.00 3,534.00 3,536.00 3,538.00 3,540.00 3,542.00 3,808.00 3,812.00 3,817.00 3,822.00 3,827.00 3,831.00 3,836.00 3,841.00 3,845.00 3,850.00 3,855.00 3,859.00 3,864.00 3,867.00 3,869.00 3,872.00 3,874.00 3,876.00 3,878.00 3,881.00 3,883.00 3,885.00 3,888.00 3,890.00 3,892.00 3,894.00 3,897.00 4,143.00 4,148.00 4,153.00 4,158.00 4,163.00 4,168.00 4,173.00 4,178.00 4,184.00 4,189.00 4,194.00 4,199.00 4,204.00 4,207.00 4,210.00 4,212.00 4,215.00 4,217.00 4,220.00 4,222.00 4,225.00 4,227.00 4,230.00 4,232.00 4,235.00 4,237.00 4,240.00 THURSDAY, MARCH 30, 2006 5439 23,100.00 2,042.00 23,150.00 2,044.00 23,200.00 2,045.00 23,250.00 2,046.00 23,300.00 2,048.00 23,350.00 2,049.00 23,400.00 2,051.00 23,450.00 2,052.00 23,500.00 2,053.00 23,550.00 2,055.00 23,600.00 2,056.00 23,650.00 2,058.00 23,700.00 2,059.00 23,750.00 2,061.00 23,800.00 2,062.00 23,850.00 2,063.00 23,900.00 2,065.00 23,950.00 2,066.00 24,000.00 2,068.00 24,050.00 2,069.00 24,100.00 2,070.00 24,150.00 2,072.00 24,200.00 2,073.00 24,250.00 2,075.00 24,300.00 2,076.00 24,350.00 2,077.00 24,400.00 2,079.00 2,814.00 2,816.00 2,817.00 2,819.00 2,821.00 2,823.00 2,825.00 2,827.00 2,828.00 2,830.00 2,832.00 2,834.00 2,836.00 2838.00 2,840.00 2,841.00 2,843.00 2,845.00 2,847.00 2,849.00 2,851.00 2,852.00 2,854.00 2,856.00 2,858.00 2,860.00 2,862.00 3,179.00 3,181.00 3,182.00 3,184.00 3,186.00 3,188.00 3,190.00 3,192.00 3,193.00 3,195.00 3,197.00 3,199.00 3,201.00 3,203.00 3,204.00 3,206.00 3,208.00 3,210.00 3,212.00 3,214.00 3,216.00 3,217.00 3,219.00 3,221.00 3,223.00 3,225.00 3,227.00 3,544.00 3,546.00 3,548.00 3,550.00 3,552.00 3,555.00 3,557.00 3,559.00 3,561.00 3,563.00 3,565.00 3,567.00 3,569.00 3,571.00 3,573.00 3,575.00 3,577.00 3,579.00 3,581.00 3,583.00 3,585.00 3,587.00 3,589.00 3,592.00 3,594.00 3,596.00 3,598.00 3,899.00 3,901.00 3,904.00 3,906.00 3,908.00 3,910.00 3,913.00 3,915.00 3,917.00 3,919.00 3,922.00 3,924.00 3,926.00 3,929.00 3,931.00 3,933.00 3,935.00 3,938.00 3,940.00 3,942.00 3,945.00 3,947.00 3,949.00 3,951.00 3,954.00 3,956.00 3,958.00 4,242.00 4,245.00 4,247.00 4,250.00 4,252.00 4,254.00 4,257.00 4,259.00 4,262.00 4,264.00 4,267.00 4,269.00 4,272.00 4,274.00 4,277.00 4,279.00 4,282.00 4,284.00 4,287.00 4,289.00 4,292.00 4,294.00 4,297.00 4,299.00 4,302.00 4,304.00 4,307.00 5440 JOURNAL OF THE HOUSE 24,450.00 2,080.00 24,500.00 2,082.00 24,550.00 2,083.00 24,600.00 2,085.00 24,650.00 2,086.00 24,700.00 2,087.00 24,750.00 2,089.00 24,800.00 2,090.00 24,850.00 2,092.00 24,900.00 2,093.00 24,950.00 2,094.00 25,000.00 2,096.00 25,050.00 2,097.00 25,100.00 2,099.00 25,150.00 2,100.00 25,200.00 2,102.00 25,250.00 2,103.00 25,300.00 2,104.00 25,350.00 2,106.00 25,400.00 2,107.00 25,450.00 2,109.00 25,500.00 2,110.00 25,550.00 2,111.00 25,600.00 2,113.00 25,650.00 2,114.00 25,700.00 2,116.00 25,750.00 2,117.00 2,864.00 2,865.00 2,867.00 2,869.00 2,871.00 2,873.00 2,875.00 2,876.00 2,878.00 2,880.00 2,882.00 2,884.00 2,886.00 2,887.00 2,889.00 2,891.00 2,893.00 2,895.00 2,897.00 2,899.00 2,900.00 2,902.00 2,904.00 2,906.00 2,908.00 2,910.00 2,911.00 3,228.00 3,230.00 3,232.00 3,234.00 3,236.00 3,238.00 3,240.00 3,241.00 3,243.00 3,245.00 3,247.00 3,249.00 3,251.00 3,252.00 3,254.00 3,256.00 3,258.00 3,260.00 3,262.00 3,264.00 3,265.00 3,267.00 3,269.00 3,271.00 3,273.00 3,275.00 3,276.00 3,600.00 3,602.00 3,604.00 3,606.00 3,608.00 3,610.00 3,612.00 3,614.00 3,616.00 3,618.00 3,620.00 3,622.00 3,624.00 3,626.00 3,629.00 3,631.00 3,633.00 3,635.00 3,637.00 3,639.00 3,641.00 3,643.00 3,645.00 3,647.00 3,649.00 3,651.00 3,653.00 3,961.00 3,963.00 3,965.00 3,967.00 3,970.00 3,972.00 3,974.00 3,977.00 3,979.00 3,981.00 3,983.00 3,986.00 3,988.00 3,990.00 3,993.00 3,995.00 3,997.00 3,999.00 4,002.00 4,004.00 4,006.00 4,009.00 4,011.00 4,013.00 4,015.00 4,018.00 4,020.00 4,309.00 4,312.00 4,314.00 4,317.00 4,319.00 4,322.00 4,324.00 4,326.00 4,329.00 4,331.00 4,334.00 4,336.00 4,339.00 4,341.00 4,344.00 4,346.00 4,349.00 4,351.00 4,354.00 4,356.00 4,359.00 4,361.00 4,364.00 4,366.00 4,369.00 4,371.00 4,374.00 THURSDAY, MARCH 30, 2006 5441 25,800.00 2,119.00 25,850.00 2,120.00 25,900.00 2,121.00 25,950.00 2,123.00 26,000.00 2,124.00 26,050.00 2,126.00 26,100.00 2,127.00 26,150.00 2,128.00 26,200.00 2,130.00 26,250.00 2,131.00 26,300.00 2,133.00 26,350.00 2,134.00 26,400.00 2,136.00 26,450.00 2,137.00 26,500.00 2,138.00 26,550.00 2,140.00 26,600.00 2,141.00 26,650.00 2,143.00 26,700.00 2,144.00 26,750.00 2,145.00 26,800.00 2,147.00 26,850.00 2,148.00 26,900.00 2,150.00 26,950.00 2,151.00 27,000.00 2,153.00 27,050.00 2,154.00 27,100.00 2,155.00 2,913.00 2,915.00 2,917.00 2,919.00 2,921.00 2,923.00 2,924.00 2,926.00 2,928.00 2,930.00 2,932.00 2,934.00 2,935.00 2,937.00 2,939.00 2,941.00 2,943.00 2,945.00 2,947.00 2,948.00 2,950.00 2,952.00 2,954.00 2,956.00 2,958.00 2,959.00 2,961.00 3,278.00 3,280.00 3,282.00 3,284.00 3,286.00 3,287.00 3,289.00 3,291.00 3,293.00 3,295.00 3,297.00 3,299.00 3,300.00 3,302.00 3,304.00 3,306.00 3,308.00 3,310.00 3,311.00 3,313.00 3,315.00 3,317.00 3,319.00 3,321.00 3,323.00 3,324.00 3,326.00 3,655.00 3,657.00 3,659.00 3,661.00 3,663.00 3,666.00 3,668.00 3,670.00 3,672.00 3,674.00 3,676.00 3,678.00 3,680.00 3,682.00 3,684.00 3,686.00 3,688.00 3,690.00 3,692.00 3,694.00 3,696.00 3,698.00 3,701.00 3,703.00 3,705.00 3,707.00 3,709.00 4,022.00 4,024.00 4,027.00 4,029.00 4,031.00 4,034.00 4,036.00 4,038.00 4,040.00 4,043.00 4,045.00 4,047.00 4,050.00 4,052.00 4,054.00 4,056.00 4,059.00 4,061.00 4,063.00 4,066.00 4,068.00 4,070.00 4,072.00 4,075.00 4,077.00 4,079.00 4,082.00 4,376.00 4,379.00 4,381.00 4,384.00 4,386.00 4,389.00 4,391.00 4,394.00 4,396.00 4,399.00 4,401.00 4,403.00 4,406.00 4,408.00 4,411.00 4,413.00 4,416.00 4,418.00 4,421.00 4,423.00 4,426.00 4,428.00 4,431.00 4,433.00 4,436.00 4,438.00 4,441.00 5442 JOURNAL OF THE HOUSE 27,150.00 2,157.00 27,200.00 2,158.00 27,250.00 2,160.00 27,300.00 2,161.00 27,350.00 2,162.00 27,400.00 2,164.00 27,450.00 2,165.00 27,500.00 2,167.00 27,550.00 2,168.00 27,600.00 2,170.00 27,650.00 2,171.00 27,700.00 2172.00 27,750.00 2,174.00 27,800.00 2,175.00 27,850.00 2,177.00 27,900.00 2,178.00 27,950.00 2,179.00 28,000.00 2,181.00 28,050.00 2,182.00 28,100.00 2,184.00 28,150.00 2,185.00 28,200.00 2,186.00 28,250.00 2,188.00 28,300.00 2,189.00 28,350.00 2,190.00 28,400.00 2,192.00 28,450.00 2,193.00 2,963.00 2,965.00 2,967.00 2,969.00 2,970.00 2,972.00 2,974.00 2,976.00 2,978.00 2,980.00 2,982.00 2,983.00 2,985.00 2,987.00 2,989.00 2,991.00 2,993.00 2,994.00 2,996.00 2,998.00 3,000.00 3,001.00 3,003.00 3,005.00 3,007.00 3,009.00 3,010.00 3,328.00 3,330.00 3,332.00 3,334.00 3,335.00 3,337.00 3,339.00 3,341.00 3,343.00 3,345.00 3,347.00 3,348.00 3,350.00 3,352.00 3,354.00 3,356.00 3,357.00 3,359.00 3,361.00 3,363.00 3,365.00 3,366.00 3,368.00 3,370.00 3,372.00 3,374.00 3,375.00 3,711.00 3,713.00 3,715.00 3,717.00 3,719.00 3,721.00 3,723.00 3,725.00 3,727.00 3,729.00 3,731.00 3,733.00 3,735.00 3,738.00 3,740.00 3,742.00 3,744.00 3,746.00 3,748.00 3,750.00 3,752.00 3,754.00 3,756.00 3,758.00 3,759.00 3,761.00 3,763.00 4,084.00 4,086.00 4,088.00 4,091.00 4,093.00 4,095.00 4,098.00 4,100.00 4,102.00 4,104.00 4,107.00 4,109.00 4,111.00 4,114.00 4,116.00 4,118.00 4,120.00 4,122.00 4,125.00 4,127.00 4,129.00 4,131.00 4,133.00 4,136.00 4,138.00 4,140.00 4,142.00 4,443.00 4,446.00 4,448.00 4,451.00 4,453.00 4,456.00 4,458.00 4,461.00 4,463.00 4,466.00 4,468.00 4,471.00 4,473.00 4,475.00 4,478.00 4,480.00 4,483.00 4,485.00 4,488.00 4,490.00 4,492.00 4,495.00 4,497.00 4,500.00 4,502.00 4,504.00 4,507.00 THURSDAY, MARCH 30, 2006 5443 28,500.00 2,194.00 28,550.00 2,196.00 28,600.00 2,197.00 28,650.00 2,199.00 28,700.00 2,200.00 28,750.00 2,201.00 28,800.00 2,203.00 28,850.00 2,204.00 28,900.00 2,205.00 28,950.00 2,207.00 29,000.00 2,208.00 29,050.00 2,210.00 29,100.00 2,211.00 29,150.00 2,212.00 29,200.00 2,214.00 29,250.00 2,215.00 29,300.00 2,216.00 29,350.00 2,218.00 29,400.00 2,219.00 29,450.00 2,220.00 29,500.00 2,222.00 29,550.00 2,223.00 29,600.00 2,225.00 29,650.00 2,226.00 29,700.00 2,227.00 29,750.00 2,229.00 29,800.00 2,230.00 3,012.00 3,014.00 3,016.00 3,017.00 3,019.00 3,021.00 3,023.00 3,025.00 3,026.00 3,028.00 3,030.00 3,032.00 3,034.00 3,035.00 3,037.00 3,039.00 3,041.00 3,042.00 3,044.00 3,046.00 3,048.00 3,050.00 3,051.00 3,053.00 3,055.00 3,057.00 3,058.00 3,377.00 3,379.00 3,381.00 3,382.00 3,384.00 3,386.00 3,388.00 3,390.00 3,391.00 3,393.00 3,395.00 3,397.00 3,398.00 3,400.00 3,402.00 3,404.00 3,406.00 3,407.00 3,409.00 3,411.00 3,413.00 3,415.00 3,416.00 3,418.00 3,420.00 3,422.00 3,423.00 3,765.00 3,767.00 3,769.00 3,771.00 3,773.00 3,775.00 3,777.00 3,779.00 3,781.00 3,783.00 3,785.00 3,787.00 3,789.00 3,791.00 3,793.00 3,795.00 3,797.00 3,799.00 3,801.00 3,803.00 3,805.00 3,807.00 3,809.00 3,811.00 3,813.00 3,815.00 3,817.00 4,145.00 4,147.00 4,149.00 4,151.00 4,153.00 4,156.00 4,158.00 4,160.00 4,162.00 4,164.00 4,167.00 4,169.00 4,171.00 4,173.00 4,175.00 4,178.00 4,180.00 4,182.00 4,184.00 4,186.00 4,189.00 4,191.00 4,193.00 4,195.00 4,197.00 4,200.00 4,202.00 4,509.00 4,512.00 4,514.00 4,516.00 4,519.00 4,521.00 4,524.00 4,526.00 4,528.00 4,531.00 4,533.00 4,536.00 4,538.00 4,540.00 4,543.00 4,545.00 4,548.00 4,550.00 4,552.00 4,555.00 4,557.00 4,560.00 4,562.00 4,564.00 4,567.00 4,569.00 4,572.00 5444 JOURNAL OF THE HOUSE 29,850.00 2,231.00 29,900.00 2,233.00 29,950.00 2,234.00 30,000.00 2,236.00 3,060.00 3,062.00 3,064.00 3,066.00 3,425.00 3,427.00 3,429.00 3,431.00 3,819.00 3,821.00 3,823.00 3,825.00 4,204.00 4,206.00 4,208.00 4,211.00 4,574.00 4,576.00 4,579.00 4,581.00" SECTION 5. Said title is further amended by striking subsection (b) of Code Section 19-6-34, relating to inclusion of life insurance in an order of support, and inserting in lieu thereof the following: "(b) The amount of the premium for such life insurance shall may be counted as a part of the support ordered considered as a deviation to the presumptive amount of child support pursuant to the provisions of Code Section 19-6-15, provided that the court shall review the amount of the premium for reasonableness in the circumstances of the child, the parent ordered to pay support, and the other parent under the circumstances of the case and the best interest of the child." SECTION 6. Said title is further amended by striking the period at the end of division (a)(3)(B)(iv) and replacing it with a semicolon, striking subparagraph (a)(3)(C), and striking paragraph (6) of subsection (a) of Code Section 19-6-53, relating to the duties of the Georgia Child Support Commission, and inserting in lieu thereof the following: "(6) To develop, and publish, and update the child support obligation table and worksheets and schedules associated with the use of such table;" SECTION 7. Said title is further amended by striking Code Section 19-7-2, relating to parents obligations to child, and inserting in lieu thereof the following: "19-7-2. It is the joint and several duty of each parent to provide for the maintenance, protection, and education of his or her child until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs, except as otherwise authorized and ordered pursuant to subsection (d) (e) of Code Section 19-6-15 and except to the extent that the duty of the parents is otherwise or further defined by court order." SECTION 8. This Act shall become effective on July 1, 2006, and shall apply to all cases pending on and after July 1, 2006. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, MARCH 30, 2006 5445 The following amendments were read and adopted: Representative Jones of the 46th et al. move to amend the Committee substitute to SB 382 by inserting after "cross-references;" on line 12 of page 1 the following: to amend an Act amending Titles 5, 7, and 19 of the Official Code of Georgia Annotated so as to state legislative findings, change provisions relating to calculation of child support, and make other related changes, approved April 22, 2005 (Ga. L. 2005, p. 224), so as to change the effective date of said Act; to state legislative intent; By striking lines 3 through 37 of page 29 and lines 1 through 12 of page 30 and inserting in lieu thereof the following: (k) Modification. (1) Except as provided in paragraph (2) of this subsection, a Parent shall not have the right to petition for modification of the child support award regardless of the length of time since the establishment of the child support award unless there is a substantial change in either Parents income and financial status or the needs of the Child. (2) No petition to modify child support may be filed by either Parent within a period of two years from the date of the final order on a previous petition to modify by the same Parent except where: (A) A Noncustodial Parent has failed to exercise the court ordered visitation; (B) A Noncustodial Parent has exercised a greater amount of visitation than was provided in the court order; or (C) The motion to modify is based upon an involuntary loss of income as set forth in subsection (j) of this Code section. (3)(A) If there is a difference of at least 15 percent but less than 30 percent between a new award and a Georgia child support order entered prior to January 1, 2007, the Court may, at its discretion, phase in the new child support award over a period of up to one year with the phasing in being largely evenly distributed with at least an initial immediate adjustment of not less than 25 percent of the difference and at least one intermediate adjustment prior to the final adjustment at the end of the phase-in period. (B) If there is a difference of 30 percent or more between a new award and a Georgia child support order entered prior to January 1, 2007, the Court may, at its discretion, phase in the new child support award over a period of up to two years with the phasing in being largely evenly distributed with at least an initial immediate adjustment of not less than 25 percent of the difference and at least one intermediate adjustment prior to the final adjustment at the end of the phase-in period. (C) All IV-D case reviews and modifications shall proceed and be governed by Code Section 19-11-12. Subsequent changes to the Child Support Obligation Table shall be a reason to request a review for modification from the IV-D agency to the 5446 JOURNAL OF THE HOUSE extent that such changes are consistent with the requirements of Code Section 1911-12. (4) A petition for modification shall be filed and returnable under the same rules of procedure applicable to divorce proceedings. A jury may be demanded on a petition for modification but the jury shall only be responsible for determining a Parent's Gross Income and any Deviations. In the hearing upon a petition for modification, testimony may be given and evidence introduced relative to the change of circumstances, income and financial status of either Parent, or in the needs of the Child. After hearing both parties and the evidence, the Court may modify and revise the previous judgment, in accordance with the changed circumstances, income and financial status of either Parent, or in the needs of the Child, if such change or changes are satisfactorily proven so as to warrant the modification and revision and such modification and revisions are in the Child's best interest. The Court shall enter a written order specifying the basis for the modification, if any, and shall include all of the information set forth in paragraph (2) of subsection (c) of this Code section. By striking lines 10 through 14 of page 49 and inserting in lieu thereof the following: SECTION 8. An Act amending Titles 5, 7, and 19 of the Official Code of Georgia Annotated so as to state legislative findings, change provisions relating to calculation of child support, and make other related changes, approved April 22, 2005 (Ga. L. 2005, p. 224), is amended by striking Section 13 and inserting in its place a new Section 13 to read as follows: "SECTION 13. Section 11 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and the remaining sections of this Act shall become effective on July 1, 2006 January 1, 2007." SECTION 9. It is the intention of this Act to delay for six months the effectiveness of the provisions of 2005 Act No. 52 of the General Assembly, excepting only those provisions of 2005 Act No. 52 creating the Georgia Child Support Commission which went into effect upon approval of that Act by the Governor. SECTION 10. (a) This section and Sections 8, 9, and 11 of this Act shall become effective upon their approval by the Governor or upon becoming law without such approval. (b) Sections 1 through 7 of this Act shall become effective on January 1, 2007, and shall apply to all pending civil actions on or after January 1, 2007. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, MARCH 30, 2006 5447 Representative Lindsey of the 54th et al. move to amend the Committee substitute to SB 382 by striking line 2 of page 4 and inserting in lieu thereof the following: Parent prior to consideration of percentage of income, By striking line 20 of page 5 and inserting in lieu thereof the following: including Heath Insurance and Work Related By striking lines 14 though 17 of page 7. By striking "(7)" from line 18 of page 7 and inserting in lieu thereof "(6)". By striking "(8)" from line 26 of page 7 and inserting in lieu thereof "(7)". By striking "(9)" from line 30 of page 7 and inserting in lieu thereof "(8)". By striking "(10)" from line 9 of page 8 and inserting in lieu thereof "(9)". By striking "(11)" from line 13 of page 8 and inserting in lieu thereof "(10)". By striking "(12)" from line 17 of page 8 and inserting in lieu thereof "(11)". By striking lines 7 and 8 of page 8 and inserting in lieu thereof the following: (I) Extraordinary expenses; (J) Nonspecific deviations; and (K) Parenting time; By striking "Parenting Time Units" and inserting in lieu thereof "parenting time" from line 22 of page 9. By striking line 33 of page 17 through line 28 of page 21 and inserting in lieu thereof the following: (g) Parenting Time Adjustment. The Court or the jury may deviate from the Presumptive Amount of Child Support as set forth in subparagraph (i)(2)(K) of this Code section. By inserting between lines 18 and 19 of page 28 the following: (K) Parenting time. 5448 JOURNAL OF THE HOUSE (i) The Child Support Obligation Table is based upon expenditures for a Child in intact households. The Court may order or the jury may find by special interrogatory a Deviation from the Presumptive Amount of Child Support when special circumstances make the Presumptive Amount of Child Support excessive or inadequate due to extended parenting time or when the Child resides with both Parents equally. (ii) If the Court or the jury determines that a parenting time Deviation is applicable, then such Deviation shall be applied to the Noncustodial Parent's Basic Child Support Obligation. (iii) In accordance with subsection (d) of Code Section 19-11-8, if any action or claim for parenting time is brought under this subparagraph, it shall be an action or claim solely between the Custodial Parent and the Noncustodial Parent, and not any third parties, including the Child Support Enforcement Agency. By striking lines 18 and 19 of page 30 and inserting in lieu thereof the following: visitation, reasonable and. Representatives Willard of the 49th, Lindsey of the 54th, and Ehrhart of the 36th move to amend the Committee substitute to SB 382 by striking line 16 of page 17 and inserting in lieu thereof the following: the failure to consider a Qualified Child would cause substantial hardship to the Parent; provided, however, that such consideration of an adjustment shall be based upon the best interest of the Child for whom child support is being awarded. By striking lines 29 through 34 of page 48 and inserting in lieu thereof the following: Said title is further amended by striking subsection (a) of Code Section 19-6-53, relating to the duties of the Georgia Child Support Commission, and inserting in lieu thereof the following: "(a) The commission shall have the following duties: (1) To study and evaluate the effectiveness and efficiency of Georgia's child support guidelines; (2) To evaluate and consider the experiences and results in other states which utilize child support guidelines; (3)(A) To create and recommend to the General Assembly a child support obligation table consistent with Code Section 19-6-15. Prior to January 1, 2006, the commission shall produce the child support obligation table and provide an explanation of the underlying data and assumptions to the General Assembly by delivering copies to the President Pro Tempore of the Senate and the Speaker of the House of Representatives. THURSDAY, MARCH 30, 2006 5449 (B)(i) The child support obligation table shall include deductions from a parent's gross income for the employee's share of the contributions for the first 6.2 percent in Federal Insurance Contributions Act (FICA) and 1.45 percent in medicare taxes. (ii) FICA tax withholding for high-income persons may vary during the year. Six and two-tenths percent is withheld on the first $90,000.00 of gross earnings. After the maximum $5,580.00 is withheld, no additional FICA taxes shall be withheld. (iii) Self-employed persons are required by law to pay the full FICA tax of 12.4 percent up to the $90,000.00 gross earnings limit and the full medicare tax rate of 2.9 percent on all earned income. (iv) The percentages and dollar amounts established or referenced in this subparagraph with respect to the payment of self-employment taxes shall be adjusted by the commission, as necessary, as relevant changes occur in the federal tax laws.; (C) After reviewing the commission's report, the General Assembly shall consider and approve by joint resolution the initial child support obligation table before the table shall become effective and shall authorize by joint resolution all subsequent child support obligation tables; (4) To determine periodically, and at least every two years, if the child support obligation table results in appropriate presumptive awards; (5) To identify and recommend whether and when the child support obligation table or child support guidelines should be modified; (6) To develop, and publish, and update the child support obligation table and worksheets and schedules associated with the use of such table; (7) To develop or cause to be developed software and a calculator associated with the use of the child support obligation table and child support guidelines; (8) To develop training manuals and information to educate judges, attorneys, and litigants on the use of the child support obligation table and child support guidelines; (9) To collaborate with the Institute for Continuing Judicial Education, the Institute of Continuing Legal Education, and other agencies for the purpose of training persons who will be utilizing the child support obligation table and child support guidelines; and (10) To make recommendations for proposed legislation.; (11) To study the appellate courts acceptance of discretionary appeals in domestic relations cases and the formulation of case law in the area of domestic relations; (12) To study alternative programs, such as mediation, collaborative practice, and pro se assistance programs, in order to reduce litigation in child support and child custody cases; and (13) To study the impact of having parenting time serve as a deviation to the presumptive amount of child support and make recommendations concerning the utilization of the parenting time adjustment." The Committee substitute, as amended, was adopted. 5450 JOURNAL OF THE HOUSE 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 N Anderson Y Ashe Y Barnard N Barnes Y Bearden N 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 N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox 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 Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y 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 Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar 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 Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts N 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 Y Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard N Williams, A 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 158, nays 14. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representatives Dean of the 59th, Heckstall of the 62nd, and Smith of the 113th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. THURSDAY, MARCH 30, 2006 5451 The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SB 64. By Senator Douglas of the 17th: A BILL to be entitled an Act to amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to repeal the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes. Representative Roberts of the 154th moved that the House insist on its position in substituting SB 64. The motion prevailed. By unanimous consent, the following Bill of the Senate was taken up for consideration and read the third time: SB 334. By Senators Zamarripa of the 36th, Reed of the 35th, Tate of the 38th and Fort of the 39th: A BILL to be entitled an Act to amend the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 20, 1998 (Ga. L. 1998, p. 4493), so as to change criteria for the designation of urban enterprise zones; to repeal conflicting laws; and for other purposes. The following Committee amendment was read and adopted: The Committee on State Planning and Community Affairs - Local moves to amend SB 334 by striking the quotation mark at the end of line 22 on page 5 and inserting between lines 22 and 23 on page 5 the following: (j) The city shall, on at least a quarterly basis, provide a report to the members of the General Assembly whose districts are wholly or partially located within the City of Atlanta. The report shall contain information concerning the status of any areas designated as enterprise zones pursuant to this section. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. 5452 JOURNAL OF THE HOUSE By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1660. By Representative Smith of the 168th: A BILL to be entitled an Act to create a board of elections and registration for Bacon 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 board's performance of certain functions and duties for certain municipalities; 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 Bacon 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 board's 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 Bacon County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the judge of the probate court of Bacon County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia THURSDAY, MARCH 30, 2006 5453 Election Code," and the powers, duties, and responsibilities of the board of registrars of Bacon County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." 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 Bacon County and "county" means Bacon County. SECTION 3. (a) The board shall be composed of five members who shall be electors of Bacon County and 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. In the event that there is no chairperson of a political party entitled to make an appointment under this subsection, 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 Bacon County. (d) All appointments to the board shall be promptly certified by the appointing authority of Bacon County to the clerk of the Superior Court of Bacon County. (e) The initial appointees to the board shall take office on January 1, 2007. The member appointed by the governing authority of Bacon County and one of the two members appointed by each political party shall serve terms beginning on January 1, 2007, and ending on December 31, 2010, 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 January 1, 2011, 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 January 1, 2007, and ending on December 31, 2008, 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 January 1, 2009, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office. The chairpersons of each political party making the initial appointments under this section shall designate which term each appointee shall serve. 5454 JOURNAL OF THE HOUSE (f) At the first meeting of the board in each year, the members of the board shall select one of their number to serve as chairperson. Such chairperson shall preside over all meetings of the board and shall vote only in the case of a tie. SECTION 4. The Bacon County Board of Commissioners, which will consider the recommendation of the board of elections and registration, shall appoint a person to serve as the election supervisor of Bacon County. Such position shall be full time. The Bacon County Board of Commissioners shall set the pay and salary of such election supervisor. 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 not be a member of the board of elections and registration. The election supervisor shall be supervised by the board of elections and registration and shall deemed to be an at-will employee of the board of commissioners and shall be subject to removal from office, with or without cause, by the Board of Commissioners of Bacon County. SECTION 5. Each member of the board shall: (1) Be eligible to be reappointed to succeed such member; (2) Have the right to resign at any time by giving written notice of such resignation to the governing authority of Bacon County and to the clerk of the superior court; and (3) Serve until his or her successor is appointed and qualified. 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 governing authority of Bacon County. The clerk of the superior court shall be notified of THURSDAY, MARCH 30, 2006 5455 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 January 1, 2007. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Bacon County. (b) Before entering upon the member's 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 member's qualifying as a candidate for elective public office. (b) Members of the board must be residents of Bacon County and must have been registered voters in Bacon County for a period of at least one year prior to the date of appointment to the board. SECTION 10. The board shall have the authority to contract with any municipality or governmental authority located within Bacon County for the holding by the board of any primary or election to be conducted within such municipality or governmental authority. SECTION 11. (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. SECTION 12. (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. 5456 JOURNAL OF THE HOUSE (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 13. Compensation for the members of the board shall be fixed by the commissioners. All amounts payable under this section shall be paid from the funds of Bacon County. SECTION 14. (a) The board may request additional clerical assistants as needed to efficiently carry out the duties and functions of the board on either an independent contract basis or as county employees entitled to all benefits as other county employees, to be determined by the board of commissioners. The board of commissioners shall be responsible for determining the pay and salary of all clerical assistants of the board. Any such assistants shall be hired by the board of commissioners, which will consider the recommendation of the board, and such clerical assistants shall be at-will employees of the board of commissioners. (b) The board of commissioners shall provide suitable offices and equipment and funding sufficient to employ the staff and other employees as may be necessary. SECTION 15. The board shall be responsible for the selection, appointment, and training of poll workers. SECTION 16. The Board of Commissioners of Bacon 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 17. 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 January 1, 2007. Upon this Act becoming fully effective or upon such later date determined by the board of commissioners, the superintendent of elections of Bacon County and the board of registrars of Bacon 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. Nothing contained herein is intended to prevent the appointment of members of the board, the hiring of an election supervisor, the hiring of clerical staff, or any necessary training for the members of the board, the election supervisor, and clerical assistants prior to January 1, 2007. THURSDAY, MARCH 30, 2006 5457 SECTION 18. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Smith of the 168th moves to amend the Senate substitute to HB 1660 by striking line 1 of page 1 through line 7 of page 6 and inserting in lieu thereof the following: To create a board of elections and registration for Bacon 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 board's 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 Bacon County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the judge of the probate court of Bacon 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 Bacon County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." 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 Bacon County and "county" means Bacon County. SECTION 3. (a) The board shall be composed of five members who shall be appointed as provided in this section. 5458 JOURNAL OF THE HOUSE (b) One member 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. One member 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. In the event that there is no chairperson of a political party entitled to make an appointment under this subsection, the appointments on behalf of such political party shall be made by the state executive committee of such party. One member of the board shall be appointed by the Bacon County delegation to the State Senate and one member of the board shall be appointed by the Bacon County delegation to the State House of Representatives. (c) One member of the board shall be selected by the governing authority of Bacon County. (d) All appointments to the board shall be promptly certified by the appointing authority of Bacon County to the clerk of the Superior Court of Bacon County. (e) The initial appointees to the board shall take office on the earliest date permissible after their appointment. The member appointed by the governing authority of Bacon County and the two members appointed by each political party shall serve terms ending on December 31, 2010, and until their respective successors are 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 January 1, 2011, and until his or her respective successor is duly appointed and qualified. The appointee of each delegation to the General Assembly shall serve terms ending on December 31, 2008, and until their respective successors are 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 January 1, 2009, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office. Members may be reappointed to succeed themselves in office. (f) At the first meeting of the board in each year, the members of the board shall select one of their number to serve as chairperson. Such chairperson shall preside over all meetings of the board unless he or she excuses himself or herself or is dismissed from presiding by a majority vote of the board. SECTION 4. The Bacon County Board of Commissioners, which will consider the recommendation of the board of elections and registration, shall appoint a person to serve as the election supervisor of Bacon County. The Bacon County Board of Commissioners shall set the pay and salary of such election supervisor. 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 not be a member of the board of elections and registration. The election supervisor shall be supervised by the THURSDAY, MARCH 30, 2006 5459 board of elections and registration and shall deemed to be an at-will employee of the board of commissioners. SECTION 5. Each member of the board shall: (1) Be eligible to be reappointed to succeed such member; (2) Have the right to resign at any time by giving written notice of such resignation to the governing authority of Bacon County and to the clerk of the superior court; and (3) Serve until his or her successor is appointed and qualified. 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 governing authority of Bacon 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 the first day permissible after their appointment. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Bacon County. (b) Before entering upon the member's 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 5460 JOURNAL OF THE HOUSE board shall be deemed vacant upon such member's qualifying as a candidate for elective public office. (b) Members of the board must be residents of Bacon County and must be registered voters in Bacon County. SECTION 10. The board shall have the authority to contract with any municipality or governmental authority located within Bacon County for the holding by the board of any primary or election to be conducted within such municipality or governmental authority. SECTION 11. (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. SECTION 12. (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 13. Compensation for the members of the board shall be fixed by the commissioners. All amounts payable under this section shall be paid from the funds of Bacon County. SECTION 14. (a) The board may request additional clerical assistants as needed to efficiently carry out the duties and functions of the board on either an independent contract basis or as county employees entitled to all benefits as other county employees, to be determined by the board of commissioners. The board of commissioners shall be responsible for determining the pay and salary of all clerical assistants of the board. Any such assistants shall be hired by the board of commissioners, which will consider the recommendation of THURSDAY, MARCH 30, 2006 5461 the board, and such clerical assistants shall be at-will employees of the board of commissioners. (b) The board of commissioners shall provide suitable offices and equipment and funding sufficient to employ the staff and other employees as may be necessary. SECTION 15. The board shall be responsible for the selection, appointment, and training of poll workers. SECTION 16. The Board of Commissioners of Bacon 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 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall become fully effective as soon as permissible under the federal Voting Rights Act of 1965. Upon this Act becoming fully effective or upon such later date determined by the board of commissioners, the superintendent of elections of Bacon County and the board of registrars of Bacon 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. Nothing contained herein is intended to prevent the appointment of members of the board, the hiring of an election supervisor, the hiring of clerical staff, or any necessary training for the members of the board, the election supervisor, and clerical assistants prior to January 1, 2007. SECTION 18. 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 Bill, as amended, and on the agreement to the Senate Substitute, as amended by the House, 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 Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Hill, C.A Y Holmes Holt Y Horne Houston Howard, E Y Hudson Y Hugley Y Martin Maxwell Y May Y McCall McClinton Y Meadows Millar Y Mills Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Sheldon Sims, C 5462 JOURNAL OF THE HOUSE 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 Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson 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 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 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 Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Roberts Y Rogers Y Royal Y Rynders Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E 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 Willard Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, as amended, and the agreement to the Senate substitute, as amended by the House, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended, and the House has agreed to the Senate substitute, as amended by the House. Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the third time: SR 760. By Senators Thomas of the 54th and Mullis of the 53rd: A RESOLUTION honoring the memory of Dr. Eddie Marlow and designating the Dalton Regional Youth Detention Center Medical Clinic as the Dr. Eddie Marlow Medical Clinic; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. THURSDAY, MARCH 30, 2006 5463 On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas 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 Ehrhart Y England Y Epps Y Everson 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 E Hembree Henson Y Hill, C Y Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Hugley Y Jackson Y Jacobs Y James Y Jamieson Jenkins Jennings Johnson Y 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 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 Mills Y Mitchell Y Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Stephens 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 Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 144, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. 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 553. By Senator Reed of the 35th: A BILL to be entitled an Act to incorporate the City of Chattahoochee Hill 5464 JOURNAL OF THE HOUSE Country in Fulton County; to provide for a charter for the City of Chattahoochee Hill Country; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for severability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To incorporate the City of Chattahoochee Hill Country in Fulton County; to provide for a charter for the City of Chattahoochee Hill Country; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for homestead exemptions; to provide for bonds for officials; to provide for other matters relative to the foregoing; to provide for referenda; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from Fulton County to the City of Chattahoochee Hill Country; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I THURSDAY, MARCH 30, 2006 5465 CREATION, INCORPORATION, POWERS SECTION 1.01. Incorporation. This Act shall constitute the charter of the City of Chattahoochee Hill Country. The City of Chattahoochee Hill Country in the County of Fulton, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "City of Chattahoochee Hill Country" and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever, and may have and use a common seal. SECTION 1.02. Corporate boundaries. The boundaries of the City of Chattahoochee Hill Country shall be as set forth and described in Appendix A of this Act, and said Appendix A is incorporated into and made a part of this Act. The city manager shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries. SECTION 1.03. Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this Act. This city shall have all the powers of self-government not otherwise prohibited by this Act or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following: (1) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this Act and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; 5466 JOURNAL OF THE HOUSE (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the city council, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm water and establishment of a storm-water utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal elected officials, appointed officials, and employees, establishing procedures for ethics complaints and setting forth penalties for violations of such rules and procedures; (10) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (12) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, THURSDAY, MARCH 30, 2006 5467 cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (16) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (17) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (18) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this Act or the laws of the State of Georgia; (19) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (20) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (21) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, storm-water management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (22) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this Act and the laws of the State of Georgia; (24) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council 5468 JOURNAL OF THE HOUSE deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed police officers; and to establish, operate, or contract for a police and a firefighting agency; (26) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (27) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements inside or outside the corporate limits of the city and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (28) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (29) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (30) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (31) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (32) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (33) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage THURSDAY, MARCH 30, 2006 5469 disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; 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 or desirable to carry into execution all powers granted in this Act as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this Act shall not be held to be exclusive of others or restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. SECTION 1.04. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this Act. If this Act 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 5470 JOURNAL OF THE HOUSE GOVERNMENT STRUCTURE, ELECTIONS, AND LEGISLATIVE BRANCH SECTION 2.01. City council creation; number; election. (a) The legislative authority of the government of Chattahoochee Hill Country, except as otherwise specifically provided in this Act, shall be vested in a city council to be composed of a mayor and five councilmembers. (b) The mayor shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. (c) Each councilmember shall be elected by a majority vote of the qualified electors of his or her respective council district voting at the elections of the city. For the purpose of electing the five councilmembers, there shall be five council districts, designated Council Districts 1 through 5, as described in Appendix B of this Act and the accompanying Redistricting Plan Components Report, which are attached to and made a part of the Act of the City of Chattahoochee Hill Country. Each person desiring to offer as a candidate for councilmember shall designate the council district for which he or she is offering. SECTION 2.02. Mayor and city councilmembers; election, terms, and qualifications for office. (a) Except as otherwise provided in subsection (c) of this section, the mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the area comprising the corporate limits of the City of Chattahoochee Hill Country for a continuous period of at least 12 months immediately prior to the date of the election for mayor or councilmember, shall continue to reside therein during that person's period of service, and shall continue to be registered and qualified to vote in municipal elections of the City of Chattahoochee Hill Country. In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a council district unless that person has been a resident of the district such person seeks to represent for a continuous period of at least six months immediately prior to the date of the election for councilmember and continues to reside in such district during that person's period of service. (b) The first general municipal elections shall be held on the Tuesday next following the first Monday in November 2007. Thereafter, general municipal elections shall be held on the Tuesday next following the first Monday in November in the odd-numbered year following by more than two years the year in which said first municipal election is held, and quadrennially thereafter. (c) The first mayor and the initial councilmembers shall take office on the first day of the first month immediately following the first municipal election provided for in subsection THURSDAY, MARCH 30, 2006 5471 (b) of this section and shall serve for terms which expire when their successors take office in January of the first year immediately following the second municipal election provided for therein. Thereafter the mayor and councilmembers shall take office as provided in Code Section 21-2-541.1 of the O.C.G.A. and serve for terms of four years. The initial members and future members of the governing authority shall serve until their successors are elected and qualified. SECTION 2.03. Vacancy; filling of vacancies; suspensions. The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this Act or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember. SECTION 2.04. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designation. SECTION 2.05. Election by majority vote. The candidates for mayor and councilmember who receive a majority of the votes cast in the applicable election shall be elected to a term of office. In the event no candidate receives a majority of the votes cast in said election, a run-off election shall be held between the two candidates receiving the highest number of votes. Such runoff shall be held at the time specified by state election law, unless such run-off date is postponed by court order. SECTION 2.06. Applicability of general laws; qualifying; other provisions. All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. Except as otherwise provided by this Act, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate, including but not 5472 JOURNAL OF THE HOUSE limited to the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. SECTION 2.07. Compensation and expenses. The annual salary of the mayor shall be $16,500.00 and the annual salary for each councilmember shall be $12,500.00. Such salary shall be paid from municipal funds in monthly installments. The city council may provide by ordinance for the provision of insurance, retirement, workers compensation, and other employee benefits to the mayor and members of the city council and may provide by ordinance for the reimbursement of expenses actually and necessarily incurred by the mayor and members of the city council in carrying out their official duties. SECTION 2.08. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance. SECTION 2.09. Meetings and mayor pro tempore. (a) The city council shall meet on the first working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered to the newly elected mayor and councilmembers by a judicial officer authorized to administer oaths. The oath shall, to the extent that it comports with federal and state law, be as follows: "I do solemnly swear or affirm that I will faithfully execute the office of [councilmember or mayor as the case may be] of the City of Chattahoochee Hill Country, and will to the best of my ability support and defend the Constitution of the United States, the Constitution of Georgia, and the Act, ordinances, and regulations of the City of Chattahoochee Hill Country. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of my district and the City of Chattahoochee Hill Country for the time required by the Constitution and laws of this THURSDAY, MARCH 30, 2006 5473 state and by the municipal Act. I will perform the duties of my office in the best interest of the City of Chattahoochee Hill Country to the best of my ability without fear, favor, affection, reward, or expectation thereof." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of four years and until a successor is elected and qualified. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's disability or absence, except that the mayor pro tempore shall continue to vote as a councilmember and may not exercise the mayor's prerogative to vote in the case of a tie. During the mayor's disability or absence, the mayor pro tempore may veto any action of the city council. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the members present, shall be clothed with all the rights and privileges of the mayor and shall perform the mayor's duties in the same manner as the mayor pro tempore. (c) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (d) Special meetings of the council may be held on the call of the mayor or three members of the council. Notice of such special meetings shall be delivered to all members of the council and the mayor personally, by registered mail, or by electronic means, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor or a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the call may be transacted at the special meeting. SECTION 2.10. Quorum; voting. Three councilmembers shall constitute a quorum and shall be authorized to transact business for the council. Voting on the adoption of ordinances shall be taken by voice vote and the yeas and nays shall be recorded in the minutes, but on the request of any member there shall be a roll-call vote. In order for any ordinance, resolution, motion, or other action of the council to be adopted, the measure must receive at least two affirmative votes and must receive the affirmative votes of a majority of those voting. No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such member of council has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of 5474 JOURNAL OF THE HOUSE interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved. The mayor shall vote only in the case of a tie or in the case where his or her vote will provide the affirmative vote required for approval of a matter. SECTION 2.11. General power and authority of the council. (a) Except as otherwise provided by law or by this Act, the council shall be vested with all the powers of government of the City of Chattahoochee Hill Country as provided by Article I of this Act. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this Act and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Chattahoochee Hill Country and may enforce such ordinances by imposing penalties for violation thereof. (c) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council. SECTION 2.12. Administrative and service departments. The council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city; provided, however, that the office of city manager may be abolished only upon an affirmative vote of four of the five members of the council. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officers, employees, and positions as may be provided by this Act or by ordinance and shall be subject to the general supervision and guidance of the mayor and council. SECTION 2.13. Boards, commissions, and authorities. THURSDAY, MARCH 30, 2006 5475 (a) All members of boards, commissions, and authorities of the city shall be nominated by the mayor and be confirmed by the council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this Act or by applicable state law. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as voting ex officio members of such boards, commissions, or authorities. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this Act or any applicable state law. (d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the council and administered by the mayor. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the members of the council. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this Act or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this Act, ordinances of the city, or applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city. SECTION 2.14. Ordinance form; procedures. Every proposed ordinance and resolution shall be introduced in writing and the city council shall have the authority to approve, disapprove, or amend the same. A resolution may be passed at the time it is offered, but an ordinance shall not be adopted until the title of said ordinance shall have been read at two city council meetings, provided that the beginnings of said meetings shall be not less than 24 hours nor more than 60 days apart. This requirement of two readings shall not apply to emergency ordinances or to ordinances adopted at the first business meeting of the city council in a calendar year. SECTION 2.15. Submission of ordinances to the mayor. (a) Every ordinance, resolution, and other action adopted by the council shall be presented promptly to the mayor. Except for council approval of appointments to 5476 JOURNAL OF THE HOUSE committees, boards, and commissions, the employment of any appointed officer, internal affairs, or matters which must be approved by the voters, the mayor may veto any action adopted by the city council. (b) The veto must be exercised no later than the next regular city council meeting following the meeting at which the action was taken. If an action is disapproved, the mayor shall submit to the council a written statement of the reasons for the mayor's veto. (c) An action vetoed by the mayor shall automatically be on the agenda at the next regular meeting of the city council for reconsideration. If the minimum number of councilmembers necessary to vote on overriding the veto are not present, the action may be continued until the next meeting at which the minimum number of councilmembers are present. Such action shall not become effective unless it is readopted by the affirmative votes of at least four members of council within 60 days of the veto. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance or resolution. The approved part or parts of any ordinance or resolution making appropriations shall become law, and the part or parts disapproved or reduced shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this Act. (e) If an ordinance or resolution has been signed by the mayor, it shall become effective. If an ordinance or resolution is neither approved nor disapproved by the next regular meeting of the city council, it shall become effective. ARTICLE III EXECUTIVE BRANCH SECTION 3.01. Powers and duties of the mayor. (a) The mayor shall be the chief executive officer of the city government, a member of and the presiding officer of the city council, and responsible for the efficient and orderly administration of the city's affairs. The mayor shall be responsible for the enforcement of laws, rules, regulations, ordinances, and franchises in the city. The mayor may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as specified in this Act or as may be provided by ordinance consistent with this Act. (b) The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the advocate of policy; (3) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing; (4) See that all laws and ordinances of the city are faithfully executed; THURSDAY, MARCH 30, 2006 5477 (5) Vote on any motion, resolution, ordinance, or other question before the council only as provided in Section 2.10 of this Act and vote on any matter before a committee on which he or she serves; (6) Obtain short-term loans in the name of the city when authorized by the city council to do so; (7) Appoint councilmembers to oversee and report on the functions of the various departments of the city; (8) Require the city manager to meet with him or her at a time and place designated for consultation and advice upon the affairs of the city; (9) Name qualified residents of the city to boards and commissions with approval of the city council; (10) Make recommendations with respect to the employment or termination of city employees; (11) Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted by the mayor, any councilmember, the city manager, and the city attorney; and (12) Fulfill and perform such other duties as are imposed by this Act and duly adopted ordinances. SECTION 3.02. City manager; appointment, qualification, and compensation. The mayor shall appoint, subject to confirmation by the council, for an indefinite term an officer whose title shall be "city manager" and the city manager shall serve at the pleasure of the council. The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her executive and administrative qualifications with special reference to his or her educational background and actual experience in, and knowledge of, the duties of office as hereinafter prescribed. SECTION 3.03. City manager; chief administrative officer. The city manager shall be the chief administrative officer of the government of the City of Chattahoochee Hill Country. The city manager must devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and council for the proper and efficient administration of the affairs of the city over which said officer has jurisdiction; provided, however, that the council may by resolution permit the office of city manager to be a part-time position. SECTION 3.04. City manager; powers and duties enumerated. 5478 JOURNAL OF THE HOUSE The city manager shall have the power, and it shall be his or her duty to: (1) See that all laws and ordinances are enforced; (2) Appoint and employ all necessary employees of the city, provided that excepted from the power of this appointment are those officers and employees who by this Act are appointed or elected by the council or departments not under the jurisdiction of the city manager; (3) Remove employees employed by said officer without the consent of the council and without assigning any reason therefor; (4) Exercise supervision and control of all departments and all divisions created in this Act or that may hereafter be created by the council except as otherwise provided in this Act; (5) Attend all meetings of the council with a right to take part in the discussions, but having no vote. The city manager shall be entitled to notice of all special meetings; (6) Recommend to the council, after prior review and comment by the mayor, for adoption such measures as the city manager may deem necessary or expedient; (7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and upon knowledge of any violation thereof to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same; (8) Make and execute all lawful contracts on behalf of the city as to matters within said officer's jurisdiction to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the council; (9) Act as budget officer to prepare and submit to the council, after review and comment by the mayor, prior to the beginning of each fiscal year a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (10) Keep the council at all times fully advised as to the financial condition and needs of the city; (11) Make a full written report to the council on the first of each month, unless otherwise directed by the council, showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the clerk of the city; (12) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (13) Perform such other duties as may be prescribed by this Act or required by ordinance or resolution of the council. SECTION 3.05. Council interference with administration. THURSDAY, MARCH 30, 2006 5479 Except for the purpose of inquiries and investigations under Section 2.08 of this Act, the city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the manager solely through the manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 3.06. City manager; removal. (a) The mayor and council may remove the city manager from office in accordance with the following procedures: (1) The council shall adopt by affirmative vote of a majority of all its members a preliminary resolution removing the city manager and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the council a written request for a public hearing. This hearing shall be held at a council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the council a written reply not later than five days before the hearing; and (3) The council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of four of its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the city manager, if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested one. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of removal and, unless he or she has been convicted of a felony at that time, he or she shall be given not less than 60 days severance pay. The action of the council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section. SECTION 3.07. Acting city manager. (a) The city manager may designate in writing any administrative employee of the city who shall exercise all powers, duties, and functions of the city manager during the city manager's temporary absence from the city or during the city manager's disability. If such designation has not been made and the city manager is absent from the city or unable to 5480 JOURNAL OF THE HOUSE perform the duties of the office or to make such designation, the council may, by resolution, appoint any qualified administrative employee of the city to perform the powers, duties, and functions of the city manager until the city manager shall return to the city, the disability ceases, or the council appoints a new city manager. (b) In the event of a vacancy in the office of city manager, the council may designate a person as acting city manager, who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed. SECTION 3.08. City attorney. The mayor shall nominate and the council shall confirm by majority vote of the council a city attorney, together with such assistant city attorneys as may be deemed appropriate, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the council, mayor, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney. The city attorney shall review all contracts of the city but shall not have the power to bind the city. SECTION 3.09. City clerk. The mayor may appoint a city clerk, subject to confirmation by majority vote of the council, to keep a journal of the proceedings of the city council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct. SECTION 3.10. Tax collector. The mayor may appoint a tax collector, subject to confirmation by majority vote of the council, to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this Act and the ordinances of the city; and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. SECTION 3.11. City accountant. THURSDAY, MARCH 30, 2006 5481 The mayor may appoint a city accountant, subject to confirmation by majority vote of the council, to perform the duties of an accountant. SECTION 3.12. Consolidation of functions. As elsewhere herein, the city manager, with the approval of the council, may consolidate any two or more of the positions of city clerk, tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same. SECTION 3.13. Position classification and pay plans; employment at will. The city manager shall be responsible for the preparation of a position classification and a pay plan which shall be submitted to the council for approval. Said plan may apply to all employees of the City of Chattahoochee Hill Country and any of its agencies and offices. When a pay plan has been adopted by the council, neither the council nor the city manager shall increase or decrease the salaries of individual employees except in conformity with such pay plan or pursuant to an amendment of said pay plan duly adopted by the council. Except as otherwise provided in this Act, all employees of the city shall be subject to removal or discharge, with or without cause, at any time. ARTICLE IV MUNICIPAL COURT SECTION 4.01. Creation. There is established a court to be known as the Municipal Court of the City of Chattahoochee Hill Country which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. 5482 JOURNAL OF THE HOUSE In the absence or disqualification of the judge, the judge pro tempore shall preside and shall exercise the same powers and duties as the judge when so acting. SECTION 4.02. Judge. (a) No person shall be qualified or eligible to serve as judge unless he or she shall have attained the age of 21 years and shall have been a member of the State Bar of Georgia for a minimum of three years. The judge shall be appointed by resolution of the council. The compensation of the judge shall be fixed by the council. The position of judge created in this article shall not be a full-time position, and the person serving in said position may engage in the private practice of law. (b) The judge pro tempore shall serve as requested by the judge, shall have the same qualifications as the judge, shall be appointed by resolution of the council, and shall take the same oath as the judge. (c) Before entering on duties of his or her office, the judge and judge pro tempore shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the council. (d) The judge, or judge pro tempore, shall serve for a term of four years but may be removed from the position by a two-thirds vote of the entire membership of the city council or upon action taken by the State Judicial Qualifications Commission for: (1) Willful misconduct in office; (2) Willful and persistent failure to perform duties; (3) Habitual intemperance; (4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (5) Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character. SECTION 4.03. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary by the judge to keep current the dockets thereof. SECTION 4.04. Jurisdiction; powers. (a) The municipal court shall try and punish for crimes against the City of Chattahoochee Hill Country and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not THURSDAY, MARCH 30, 2006 5483 exceed $200.00 or imprisonment for 15 days. The municipal court may fix punishment for offenses within its jurisdiction to the full extent allowed by state law. (b) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Chattahoochee Hill Country, or the property so deposited shall have a lien against it for the value forfeited. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this Act or by state law. (g) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of Chattahoochee Hill Country granted by state laws generally to municipal courts, and particularly by such laws as authorize the abatement of nuisances. SECTION 4.05. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Fulton County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.06. Rules for court. With the approval of the council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court. 5484 JOURNAL OF THE HOUSE ARTICLE V FINANCE AND FISCAL SECTION 5.01. Fiscal year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department or institution, agency, and activity of the city government, unless otherwise provided by state or federal law. SECTION 5.02. Preparation of budgets. The council shall provide, by ordinance, the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvement program and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. SECTION 5.03. Submission of operating budget to city council. On or before a date fixed by the council, but not later than 30 days prior to the beginning of each fiscal year, the city manager shall, after review and comment by the mayor, submit to the council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection. SECTION 5.04. Action by council on budget. The council may amend the operating budget proposed by the city manager, except that the budget, as finally amended and adopted, must provide for all expenditures required by law, or by other provisions of this Act, and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues, constituting the fund availability of such fund. THURSDAY, MARCH 30, 2006 5485 SECTION 5.05. Audits. (a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this Act. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets. SECTION 5.06. General homestead exemption. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Chattahoochee Hill Country, except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of Chattahoochee Hill Country is granted an exemption on that person's homestead from City of Chattahoochee Hill Country ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Chattahoochee Hill Country, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Chattahoochee Hill Country, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Chattahoochee Hill Country, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Chattahoochee Hill Country, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. 5486 JOURNAL OF THE HOUSE (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SECTION 5.07. General homestead exemption for citizens age 65 or over. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Chattahoochee Hill Country except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Chattahoochee Hill Country who is a senior citizen is granted an exemption on that person's homestead from City of Chattahoochee Hill Country ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Chattahoochee Hill Country, or the designee thereof, giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Chattahoochee Hill Country, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Chattahoochee Hill Country, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the THURSDAY, MARCH 30, 2006 5487 City of Chattahoochee Hill Country, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SECTION 5.08. Homestead exemption for citizens age 65 or over meeting certain income requirements. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Chattahoochee Hill Country, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means adjusted gross income as such term is defined in the Internal Revenue Code of 1986, as such code is defined in Code Section 48-1-2 of the O.C.G.A., except that for purposes of this section the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Chattahoochee Hill Country who is a senior citizen is granted an exemption on that person's homestead from City of Chattahoochee Hill Country ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. 5488 JOURNAL OF THE HOUSE (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Chattahoochee Hill Country, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Chattahoochee Hill Country, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Chattahoochee Hill Country, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Chattahoochee Hill Country, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SECTION 5.09. Homestead exemption for citizens age 70 or over and disabled persons meeting certain income requirements. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Chattahoochee Hill Country, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means adjusted gross income determined pursuant to the Internal Revenue Code of 1986, as amended, for federal income tax purposes, except that for the purposes of this section the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension THURSDAY, MARCH 30, 2006 5489 system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. (4) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Chattahoochee Hill Country who is a senior citizen or who is disabled is granted an exemption on that person's homestead from City of Chattahoochee Hill Country ad valorem taxes for municipal purposes for the full value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act for the immediately preceding year. (c)(1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Chattahoochee Hill Country, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Chattahoochee Hill Country, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Chattahoochee Hill Country, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Chattahoochee Hill Country, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead 5490 JOURNAL OF THE HOUSE exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. ARTICLE VI GENERAL PROVISIONS SECTION 6.01. Referendum and initial election. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of Chattahoochee Hill Country for approval or rejection. The superintendent shall set the date of such election for the third Tuesday in June, 2007. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act incorporating the City of Chattahoochee Hill Country in Fulton County and granting homestead exemption described therein be ( ) NO approved?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in Section 6.02 of this Act; otherwise this Act shall not take effect and a second referendum shall be called and held in like manner on the Tuesday after the first Monday in November, 2007. If more than one-half of the votes cast on such question are for approval of this Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by Fulton County. Within two years after the election if the incorporation is approved, the City of Chattahoochee Hill Country shall reimburse Fulton County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and members of the city council pursuant to subsection (b) of Section 2.02 of this Act. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (b) For the purposes of the referendum election provided for in this section and for the purposes of the election to be held on the Tuesday next following the first Monday in November, 2007, the qualified electors of the City of Chattahoochee Hill Country shall be those qualified electors of Fulton County residing within the corporate limits of the THURSDAY, MARCH 30, 2006 5491 City of Chattahoochee Hill Country as described by Appendix A of this Act. At subsequent municipal elections, the qualified electors of the City of Chattahoochee Hill Country shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for by this section and holding and conducting the election of the mayor and city councilmembers of the City of Chattahoochee Hill Country to be held on the Tuesday next following the first Monday in November, 2007, the election superintendent of Fulton County is vested with the powers and duties of the election superintendent of the City of Chattahoochee Hill Country and the powers and duties of the governing authority of the City of Chattahoochee Hill Country. SECTION 6.02. Effective dates. (a) Section 6.01 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective on October 30, 2006; provided, however, that the provisions of this Act necessary for the election to be held on the Tuesday next following the first Monday in November, 2007, shall be effective upon the certification of the results of such referendum election. (b) A period of time will be needed for an orderly transition of various government functions from Fulton County to the City of Chattahoochee Hill Country. Accordingly, there shall be a transition period beginning October 30, 2006, and ending at midnight of the last day of the twenty-fourth month following such day. During such transition period, all provisions of this Act shall be effective as law, but not all provisions of this Act shall be implemented. (c) During such transition period, Fulton County shall continue to provide within the territorial limits of Chattahoochee Hill Country all government services and functions which Fulton County provided in that area as of the date of enactment of this Act, except to the extent otherwise provided in this section; provided, however, that by agreement of Fulton County and the City of Chattahoochee Hill Country responsibility for any such service or function may be transferred to the City of Chattahoochee Hill Country at such time as may be agreed upon by the parties. If this Act is approved as provided for by Section 6.01 of this Act, effective December 1, 2007, the City of Chattahoochee Hill Country shall collect taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of Chattahoochee Hill Country; provided, however, that upon at least 30 days prior written notice to Fulton County by the City of Chattahoochee Hill Country, the authority to collect any tax, fee, assessment, fine, forfeiture, or other moneys shall remain with Fulton County after December 1, 2007, until such time as Fulton County receives subsequent notice from the City of Chattahoochee Hill Country that such authority shall be transferred to the City of Chattahoochee Hill Country. Where a particular tax, fee, assessment, fine, forfeiture, or other amount collected is specifically 5492 JOURNAL OF THE HOUSE related to the provision of a particular government service or function by Fulton County, the service or function shall continue to be provided by the county contingent upon payment by the city of the actual cost of providing such service or function unless otherwise provided in a written agreement between the city and the county. Any existing contract for the performance of a governmental service with a private person residing or doing business within the city limits shall not be altered or adversely affected by the establishment of this Act of the City of Chattahoochee Hill Country. (d) During the transition period, the governing authority of the City of Chattahoochee Hill Country: (1) Shall hold regular meetings and may hold special meetings as provided in this Act; (2) May enact ordinances and resolutions as provided in this Act; (3) May amend this Act by home rule action as provided by general law; (4) May accept gifts and grants; (5) May borrow money and incur indebtedness to the extent authorized by this Act and general law; (6) May levy and collect an ad valorem tax for the calendar year next following the first municipal election; (7) May establish a fiscal year and budget; (8) May create, alter, or abolish departments, boards, offices, commissions, and agencies of the city; appoint and remove officers and employees; and exercise all necessary or appropriate personnel and management functions; and (9) May generally exercise any power granted by this Act or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (e) During the transition period, the Municipal Court of Chattahoochee Hill Country shall exercise its jurisdiction to the extent appropriate with respect to the government services and functions performed by the City of Chattahoochee Hill Country and the appropriate court or courts of Fulton County shall retain jurisdiction over the area incorporated as the City of Chattahoochee Hill Country with respect to government services and functions performed by Fulton County. Any transfer of jurisdiction to the City of Chattahoochee Hill Country at the beginning of, during, at the end of, or after the transition period shall not in and of itself abate any judicial proceeding pending in Fulton County or the pending prosecution of any violation of any ordinance of Fulton County. (f) During the transition period, the governing authority of Chattahoochee Hill Country may at any time, without the necessity of any agreement by Fulton County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county at least 30 days written notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of Chattahoochee Hill Country commencing to exercise its planning and zoning powers, the Municipal Court of Chattahoochee Hill Country shall immediately have jurisdiction to enforce the planning THURSDAY, MARCH 30, 2006 5493 and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (g) Effective upon the termination of the transition period, subsections (c) through (f) of this section shall cease to apply except for the last sentence of subsection (e) which shall remain effective. Effective upon the termination of the transition period, the City of Chattahoochee Hill Country shall be a fully functioning municipal corporation and subject to all general laws of this state. SECTION 6.03. Catchlines. The catchlines of sections of this Act or any ordinance printed in boldface type, italics, or otherwise, are intended as mere catchwords to indicate the contents of the section, and: (1) Shall not be deemed or taken to be titles of such sections or as any part of the section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the article and section headings contained in this Act shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any article or section hereof. SECTION 6.04. Directory nature of dates. If it is necessary to delay any action called for in this Act for providential cause, delay in securing approval under the federal Voting Rights Act, or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing, it is specifically provided that: (1) If it is not possible to hold the referendum election provided for in Section 6.01 of this Act on the date specified in that section, then such referendum shall be held as soon after such date as is reasonably practicable; and (2) If it is not possible to hold the first regular municipal election provided for in Section 2.02 of this Act on the date specified in that section, then there shall be a special election for the initial members of the governing authority to be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. SECTION 6.05. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be 5494 JOURNAL OF THE HOUSE declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. SECTION 6.06. Repealer. All laws and parts of laws in conflict with this Act are repealed. APPENDIX A The corporate limits of the City of Chattahoochee Hill Country shall consist of the following described territory of Fulton County: Fulton County Tract: 103.01 BG: 7 7997 Tract: 104 BG: 1 All that portion of block 1008 located westerly of Pea Creek/Little Pea Creek to its intersection of Hemp Road and Rivertown Road 1010 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 1993 1994 1995 1996 1997 1998 BG: 2 2003 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 2050 2994 2995 BG: 4 4002 4003 4004 4005 4039 4040 4041 The corporate limits shall not include any such territory which, on the date of the approval of this Act, was a part of any other municipal corporation. THURSDAY, MARCH 30, 2006 5495 APPENDIX B Council Districts 1 through 5 shall consist of the described territory of the City of Chattahoochee Hill Country attached to this Act and made a part thereof and further identified as Plan Name: chathillccp1re Plan Type: Local User: staff Administrator: S035. 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 Chattahoochee Hill Country which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of Chattahoochee Hill Country 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. APPENDIX C CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION I, _____________________________, Georgia State ________ from the ___ District and the author of this bill introduced at the 2006 Session of the General Assembly of Georgia, which grants an original municipal Act to the City of Chattahoochee Hill Country, do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A. So certified, this ______ day of ____________________, 20__. _______________________ _______________________ District 001 Fulton County Tract: 104 BG: 1 1070 1071 5496 JOURNAL OF THE HOUSE BG: 4 4004 4005 4039 4040 4041 District 002 Fulton County Tract: 104 BG: 1 All that portion of block 1008 located westerly of Pea Creek/Little Creek to its intersection of Hemp Road and Rivertown Road 1010 1012 1013 1014 1015 1016 1022 1059 1060 1061 1062 1063 1064 1065 1066 1998 BG: 4 4002 4003 District 003 Fulton County Tract: 103.01 BG: 7 7997 Tract: 104 BG: 1 1017 1018 1019 1020 1021 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 1054 1055 1056 1057 1058 1993 1994 1995 1996 1067 1068 1069 1072 1073 1074 1075 1076 1077 District 004 Fulton County Tract: 104 BG: 2 2003 2018 2019 2020 2021 2046 2047 2048 2050 District 005 Fulton County Tract: 104 BG: 1 1052 1053 1078 1079 1080 1081 1082 1083 1084 1997 BG: 2 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2994 2995 THURSDAY, MARCH 30, 2006 5497 The following amendment was read and adopted: Representatives Fludd of the 66th, Scott of the 153rd, and Bruce of the 64th move to amend the Committee substitute to SB 553 by striking lines 13 through 16 of page 31 and inserting in lieu thereof the following: provided in Section 6.02 of this Act; otherwise, it shall not take effect and shall be void and of no force. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Benfield N 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 Byrd Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Crawford Y Cummings Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Everson 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 N Heard, J Y Heard, K Heckstall E Hembree Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Jordan Y 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 Maddox Y Mangham Y Martin N Maxwell Y May Y McCall McClinton Y Meadows Y Millar Mills Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock 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 Sailor Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Smith, V E 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 5498 JOURNAL OF THE HOUSE Cooper Y Cox Henson Y Hill, C Y Manning Y Marin Y Royal Y Rynders Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 148, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. 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. Ewing, 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 503. By Senators Hamrick of the 30th and Hill of the 4th: A BILL to be entitled an Act to amend Chapter 21A of Title 15, Title 17, and Code Section 42-8-34.1 of the O.C.G.A., relating respectively to judicial accounting, criminal procedure, and to legal defense for indigents, requirements for revocation of probated or suspended sentence, so as to change certain provisions relating to the Georgia Public Defender Standards Council and the provision of legal services to indigent persons; to clarify that the application fee for indigent defense services is not a prerequisite to obtaining legal services; to specify the types of standards that shall be submitted to the General Oversight Committee for the Georgia Public Defender Standards Council; to change certain provisions relating to the budget for the Office of the Georgia Capital Defender; 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: Mullis of the 53rd, Tolleson of the 20th, and Rogers of the 21st. The Senate has passed by the requisite constitutional majority the following bill of the House: THURSDAY, MARCH 30, 2006 5499 HB 1502. By Representatives Royal of the 171st, O`Neal of the 146th and Roberts of the 154th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for additional powers, duties, and authority of the state revenue commissioner with respect to property appraisal and assessment; to change certain provisions relating to bona fide conservation use covenants; to change certain provisions regarding appointment of members of county boards of tax assessors; to change certain provisions regarding qualifications of members of county boards of tax assessors; to change certain provisions regarding eligibility and terms of office of members of county boards of tax assessors; 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 881. By Representatives Chambers of the 81st, Burmeister of the 119th, Drenner of the 86th, Henson of the 87th, Reece of the 27th and others: A BILL to be entitled an Act to amend Code Section 43-29-7 of the Official 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. The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 1473. By Representatives Brown of the 69th, Channell of the 116th, Stephens of the 164th, Shaw of the 176th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require prior legislative approval for the submission of certain waivers pursuant to Section 1115 of the federal Social Security Act; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: 5500 JOURNAL OF THE HOUSE SB 547. By Senators Seabaugh of the 28th, Cagle of the 49th, Johnson of the 1st, Williams of the 19th and Stephens of the 27th: A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to provide for the recusal of board members when a conflict of interest exists; to provide for circumstances for removal of board members; to provide standards for offering education courses on appraising; to provide for certain conditions for the investigation of appraisers; to 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 Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall E Hembree Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 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 McClinton Y Meadows Y Millar 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 Roberts Y Rogers Y Royal Y Rynders Y Sailor Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E 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 Y Williams, R Y Wix Yates Richardson, Speaker THURSDAY, MARCH 30, 2006 5501 On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed. The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 1187. By Representatives Willard of the 49th, Geisinger of the 48th, Lindsey of the 54th, Holmes of the 61st, Burkhalter of the 50th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to provide for an additional county classification for appraisal staff purposes; to change certain provisions regarding composition and duties of county appraisal staffs; to change certain provisions regarding designation and duties of chief appraisers; to change certain provisions regarding selection of the chairperson of the board of tax assessors; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to provide for an additional county classification for appraisal staff purposes; to change certain provisions regarding composition and duties of county appraisal staffs; to change certain provisions regarding designation and duties of chief appraisers; to provide that such changes shall sunset after a period of time; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1. Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, is amended by striking Code Section 48-5-261, relating to classification of counties, and inserting in its place a new Code Section 48-5-261 to read as follows: "48-5-261. For the purpose of administering this part, the counties of this state are placed in the following classes: 5502 JOURNAL OF THE HOUSE (1) Class I -- Counties having less than 3,000 parcels of real property; (2) Class II -- Counties having at least 3,000 but less than 8,000 parcels of real property; (3) Class III -- Counties having at least 8,000 but less than 15,000 parcels of real property; (4) Class IV -- Counties having at least 15,000 but less than 25,000 parcels of real property; (5) Class V -- Counties having at least 25,000 but less than 35,000 parcels of real property; (6) Class VI -- Counties having at least 35,000 but less than 50,000 parcels of real property; (7) Class VII -- Counties having at least 50,000 but less than 100,000 parcels of real property; and (8) Class VIII -- Counties having at least 100,000 or more but less than 275,000 parcels of real property.; and (9) Class IX -- Counties having 275,000 or more parcels of real property." SECTION 2. Said article is further amended by striking Code Section 48-5-262, relating to composition and duties of county appraisal staffs, and inserting in its place a new Code Section 48-5-262 to read as follows: "48-5-262. (a) Class I counties shall provide for an appraisal staff pursuant to paragraph (1) of Code Section 48-5-260 by: (1) Employing a full-time appraiser; (2) Contracting with a contiguous county to provide the staff requirement; or (3) Contracting with a professional appraisal person to provide the staff requirement. (b) Each county other than Class I counties shall employ a minimum staff of appraisers, to be known as the county property appraisal staff, to perform the duties set forth in this part. For compensation purposes, the appraisers will be designated, lowest grade first, as Appraiser I, Appraiser II, Appraiser III, and Appraiser IV. (c) The minimum staff requirement for each county shall be as follows: (1) Class II counties -- One Appraiser III; (2) Class III counties -- One Appraiser III and one Appraiser I; (3) Class IV counties -- One Appraiser III, one Appraiser II, and one Appraiser I; (4) Class V counties -- Two Appraisers III, two Appraisers II, and one Appraiser I; (5) Class VI counties -- One Appraiser IV, two Appraisers III, two Appraisers II, and one Appraiser I; (6) Class VII counties -- One Appraiser IV, four Appraisers III, one Appraiser II, and two Appraisers I; (7) Class VIII counties -- Two Appraisers IV, eight Appraisers III, five Appraisers II, and five Appraisers I.; and THURSDAY, MARCH 30, 2006 5503 (8) Class IX counties -- Two Appraisers IV, eight Appraisers III, five Appraisers II, and five Appraisers I. (d) The establishment of minimum staff requirements shall not preclude any county from employing additional appraisers in order to carry out this part. (e)(1) As used in this subsection, the term 'county civil service system' means any county civil service system, county merit system, county personnel plan or policy, or stated rules of work. (2)(A) The Except as otherwise provided in subparagraph (B) of this paragraph, the county governing authority shall be authorized, in its discretion and upon adoption of the appropriate resolution or ordinance, to provide that staff and employees of the county board of tax assessors shall be positions of employment covered by the county civil service system. Following the adoption of such ordinance or resolution, the county board of tax assessors may hire and manage such employees, but only in compliance with the county civil service system. The failure of the county board of tax assessors to comply with the requirements of such system shall be grounds for removal of one or more members of the county board of tax assessors pursuant to subsection (b) of Code Section 48-5-295. (B) The chief appraiser, appraisers, staff, and employees of the county board of tax assessors in Class IX counties shall be positions of employment covered by the county civil service system. The county manager may hire and manage the chief appraiser, appraisers, staff, and employees in compliance with the county civil service system. The failure of the county board of tax assessors to comply with the requirements of such system shall be grounds for removal of one or more members of the county board of tax assessors pursuant to subsection (b) of Code Section 485-295." SECTION 3. Said article is further amended by striking Code Section 48-5-264, relating to designation and duties of chief appraisers, and inserting in its place a new Code Section 48-5-264 to read as follows: "48-5-264. (a) The Except as otherwise provided in subsection (b) of this Code section, the board of tax assessors in each county other than a Class IX county shall designate an Appraiser IV or, in those counties not having an Appraiser IV, an Appraiser III as the chief appraiser of the county. (b) In each Class IX county, the chief appraiser shall be selected pursuant to subparagraph (e)(2)(B) of Code Section 48-5-262. (c) The chief appraiser shall be responsible for: (1) The operation and functioning of the county property appraisal staff; (2) Certifying and signing documents prepared by the staff; and (3) Implementing procedures deemed necessary for the efficient operation of the staff. 5504 JOURNAL OF THE HOUSE (b)(d) The chief appraiser of any county other than a Class IX county may appoint an assistant and may delegate his such chief appraiser's authority in writing to the assistant. (c)(e) The chief appraiser may be a member of the county board of tax assessors." SECTION 4. Said article is further amended by striking subsection (b) of Code Section 48-5-290, relating to creation of county boards of tax assessors, and inserting in its place a new subsection (b) to read as follows: "(b) Except as otherwise provided in Code Section 48-5-309 with respect to the election of board members, each county board of tax assessors shall consist of not less than three nor more than five members to be appointed by the county governing authority." SECTION 5. Said article is further amended by striking Code Section 48-5-309, relating to applicability of such article to certain boards of tax assessors, and inserting in its place new Code Sections 48-5-309 and 48-5-309.1 to read as follows: "48-5-309. (a) Nothing contained in Code Sections 48-5-291 through 48-5-300 and 48-5-302 through 48-5-308 regarding appointment, terms of office, vacancies, removals, qualifications, or compensation of members of county boards of tax assessors shall apply to any county which has elected to elect the members of its county board of tax assessors. (b) Nothing contained in Code Sections 48-5-291 through 48-5-297, 48-5-299, 48-5300, and 48-5-302 through 48-5-308 regarding appointment or terms of office of members of county boards of tax assessors shall apply to Class IX counties. 48-5-309.1 In each Class IX county, the members of the board of assessors shall be nominated by the chairperson of the county board of commissioners subject to approval by the county board of commissioners. The members shall be appointed for terms of office of four years. The members shall serve only for the duration of the four-year term and shall serve until their respective successors are appointed and qualified. No person shall be eligible to serve as a member of the board of assessors more than two terms of office." PART II SECTION 6. Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, is amended by striking Code Section 48-5-261, relating to classification of counties, and inserting in its place a new Code Section 48-5-261 to read as follows: THURSDAY, MARCH 30, 2006 5505 "48-5-261. For the purpose of administering this part, the counties of this state are placed in the following classes: (1) Class I -- Counties having less than 3,000 parcels of real property; (2) Class II -- Counties having at least 3,000 but less than 8,000 parcels of real property; (3) Class III -- Counties having at least 8,000 but less than 15,000 parcels of real property; (4) Class IV -- Counties having at least 15,000 but less than 25,000 parcels of real property; (5) Class V -- Counties having at least 25,000 but less than 35,000 parcels of real property; (6) Class VI -- Counties having at least 35,000 but less than 50,000 parcels of real property; (7) Class VII -- Counties having at least 50,000 but less than 100,000 parcels of real property; and (8) Class VIII -- Counties having at least 100,000 or more parcels of real property." SECTION 7. Said article is further amended by striking Code Section 48-5-262, relating to composition and duties of county appraisal staffs, and inserting in its place a new Code Section 48-5-262 to read as follows: "48-5-262. (a) Class I counties shall provide for an appraisal staff pursuant to paragraph (1) of Code Section 48-5-260 by: (1) Employing a full-time appraiser; (2) Contracting with a contiguous county to provide the staff requirement; or (3) Contracting with a professional appraisal person to provide the staff requirement. (b) Each county other than Class I counties shall employ a minimum staff of appraisers, to be known as the county property appraisal staff, to perform the duties set forth in this part. For compensation purposes, the appraisers will be designated, lowest grade first, as Appraiser I, Appraiser II, Appraiser III, and Appraiser IV. (c) The minimum staff requirement for each county shall be as follows: (1) Class II counties -- One Appraiser III; (2) Class III counties -- One Appraiser III and one Appraiser I; (3) Class IV counties -- One Appraiser III, one Appraiser II, and one Appraiser I; (4) Class V counties -- Two Appraisers III, two Appraisers II, and one Appraiser I; (5) Class VI counties -- One Appraiser IV, two Appraisers III, two Appraisers II, and one Appraiser I; (6) Class VII counties -- One Appraiser IV, four Appraisers III, one Appraiser II, and two Appraisers I; and (7) Class VIII counties -- Two Appraisers IV, eight Appraisers III, five Appraisers II, and five Appraisers I. 5506 JOURNAL OF THE HOUSE (d) The establishment of minimum staff requirements shall not preclude any county from employing additional appraisers in order to carry out this part. (e)(1) As used in this subsection, the term 'county civil service system' means any county civil service system, county merit system, county personnel plan or policy, or stated rules of work. (2) The county governing authority shall be authorized, in its discretion and upon adoption of the appropriate resolution or ordinance, to provide that staff and employees of the county board of tax assessors shall be positions of employment covered by the county civil service system. Following the adoption of such ordinance or resolution, the county board of tax assessors may hire and manage such employees, but only in compliance with the county civil service system. The failure of the county board of tax assessors to comply with the requirements of such system shall be grounds for removal of one or more members of the county board of tax assessors pursuant to subsection (b) of Code Section 48-5-295." SECTION 8. Said article is further amended by striking Code Section 48-5-264, relating to designation and duties of chief appraisers, and inserting in its place a new Code Section 48-5-264 to read as follows: "48-5-264. (a) The board of tax assessors in each county shall designate an Appraiser IV or, in those counties not having an Appraiser IV, an Appraiser III as the chief appraiser of the county. The chief appraiser shall be responsible for: (1) The operation and functioning of the county property appraisal staff; (2) Certifying and signing documents prepared by the staff; and (3) Implementing procedures deemed necessary for the efficient operation of the staff. (b) The chief appraiser may appoint an assistant and may delegate his authority in writing to the assistant. (c) The chief appraiser may be a member of the county board of tax assessors." SECTION 9. Said article is further amended by striking subsection (b) of Code Section 48-5-290, relating to creation of county boards of tax assessors, and inserting in its place a new subsection (b) to read as follows: "(b) Except as provided in Code Section 48-5-309 with respect to the election of board members, each county board of tax assessors shall consist of not less than three nor more than five members to be appointed by the county governing authority." SECTION 10. Said article is further amended by striking Code Section 48-5-309, relating to applicability of such article to certain boards of tax assessors, and inserting in its place new Code Sections 48-5-309 and 48-5-309.1 to read as follows: THURSDAY, MARCH 30, 2006 5507 "48-5-309. Nothing contained in Code Sections 48-5-291 through 48-5-300 and 48-5-302 through 48-5-308 regarding appointment, terms of office, vacancies, removals, qualifications, or compensation of members of county boards of tax assessors shall apply to any county which has elected to elect the members of its county board of tax assessors. 48-5-309.1 In each Class IX county, the members of the board of assessors shall be nominated by the chairperson of the county board of commissioners subject to approval by the county board of commissioners. The members shall be appointed for terms of office of four years. The members shall serve only for the duration of the four-year term and shall serve until their respective successors are appointed and qualified. No person shall be eligible to serve as a member of the board of assessors more than two terms of office." PART III SECTION 11. (a) This section and Section 12 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Part I of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall stand repealed in its entirety on December 31, 2009. (c) Part II of this Act shall become effective on January 1, 2010. SECTION 12. 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 1187. The motion prevailed. HB 1473. By Representatives Brown of the 69th, Channell of the 116th, Stephens of the 164th, Shaw of the 176th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require prior legislative approval for the submission of certain waivers pursuant to Section 1115 of the federal Social Security Act; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: 5508 JOURNAL OF THE HOUSE A BILL To amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide for a limit on the effective date of the Medicaid estate recovery program; to provide for substantial and unreasonable hardship waivers under certain circumstances; to provide for notice requirements; to provide for installment payments; to provide for submission of an amendment to the state plan; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Said article is further amended by striking Code Section 49-4-147.1, relating to claims by the department against the estate of Medicaid recipients, and inserting in lieu thereof the following: "49-4-147.1. (a) In accordance with applicable federal law and regulations, including those under Title XIX of the federal Social Security Act, the department may make claim against the estate of a Medicaid recipient for the amount of any medical assistance payments made on such person's behalf by the department. A claim shall be made against the estate of a deceased Medicaid recipient only if at the time of application for medical assistance, the applicant received written notice that the medical assistance costs could be recovered from the applicant's estate and the applicant signed a written acknowledgment of receipt of such notice, the estate is otherwise subject to recovery, if no hardship or other exemption exists. The commissioner shall waive such claim if he or she determines enforcement of the claim would result in substantial and unreasonable hardship to dependents of the individual against whose estate the claim exists. (b) The estate recovery program established pursuant to this Code section shall not be effective any earlier than the effective date of this subsection. In no event shall the department make claims against the estate of a Medicaid recipient for the amount of any medical assistance payments made on such person's behalf prior to the effective date of this subsection. (c) The commissioner shall delay execution of a claim against the estate where the dependents or heirs agree to pay the full amount of the claim in reasonable installments. (d) A substantial and unreasonable hardship shall be presumed to exist where the proposed recovery would reduce the value of the estate below $100,000.00. The value of the estate for this purpose shall not include year's support, funeral and burial expenses, necessary expenses of administration, or reasonable expenses of the recipient's last illness. No later than July 1, 2006, the department shall submit an amendment to the state plan with the United States Department of Health and Human Services Centers for Medicare and Medicaid Services reflecting the provisions of this THURSDAY, MARCH 30, 2006 5509 subsection. In the event that such amended state plan is not approved, this subsection shall stand repealed in its entirety." 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 Brown of the 69th moved that the House disagree to the Senate substitute to HB 1473. The motion prevailed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate insists on its substitute to the following bill of the House: HB 848. By Representatives Butler of the 18th, Maxwell of the 17th, England of the 108th, Roberts of the 154th and Stephens of the 164th: 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. 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 848. By Representatives Butler of the 18th, Maxwell of the 17th, England of the 108th, Roberts of the 154th and Stephens of the 164th: 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 5510 JOURNAL OF THE HOUSE 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. Representative Martin of the 47th moved that the House insist on its position in disagreeing to the Senate substitute to HB 848 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 Martin of the 47th, Butler of the 18th, and O`Neal of the 146th. 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 288. By Senators Rogers of the 21st, Hamrick of the 30th and Hill of the 32nd: A BILL to be entitled an Act to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to enact the "Grade Integrity Act of 2005"; to provide that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner to change the grade of a student; to provide for an ethical violation reportable to the Professional Standards Commission; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Maxwell of the 17th moved that the House recede from its position in insisting on its substitute to SB 288. On the motion, 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 Crawford N Cummings Y Davis N Day N Dean Y Dickson N Hill, C.A N Holmes N Holt N Horne N Houston N Howard, E N Martin Y Maxwell N May McCall McClinton N Meadows N Sailor N Scheid N Scott, A N Scott, M N Setzler N Shaw THURSDAY, MARCH 30, 2006 5511 N Bearden N 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 N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter Casas N Chambers Channell N Cheokas N Coan N Cole Y Coleman, B N Coleman, T N Cooper N Cox N Dodson N Dollar N Drenner N Dukes N Ehrhart N England N Epps N Everson N Fleming N Floyd, H N Floyd, J N Fludd N Forster Y Franklin N Freeman Gardner N Geisinger N Golick N Graves, D N Graves, T N Greene N Hanner N Harbin N Hatfield Heard, J N Heard, K Heckstall Y Hembree N Henson N Hill, C N Hudson N Hugley N 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 Knight N Knox N Lakly N Lane, B N Lane, R N Lewis N Lindsey N Lord N Loudermilk N Lucas Lunsford N Maddox N Mangham N Manning N Marin N Millar N Mills N Mitchell Morgan N Morris N Mosby Mosley N Mumford N Murphy, J N Murphy, Q N Neal N Oliver O'Neal N Orrock N Parham N Parrish N Parsons N Porter N Powell N Ralston N Randall N Ray N Reece, B N Reece, S N Reese N Rice N Roberts N Rogers N Royal N Rynders 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 Smith, V E Smyre N Stanley-Turner N Stephens Stephenson N Talton N Teilhet N Thomas, A.M N Thomas, B N Tumlin N Walker N Warren N Watson N Wilkinson Willard N Williams, A N Williams, E N Williams, R N Wix Yates Richardson, Speaker On the motion, the ayes were 8, nays 154. The motion was lost. The House has adhered. The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Maxwell of the 17th, Coleman of the 97th, and Hembree of the 67th. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House: 5512 JOURNAL OF THE HOUSE HB 941. By Representatives Benton of the 31st, England of the 108th, Bearden of the 68th, Mosley of the 178th, Maddox of the 172nd and others: 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. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hudgens of the 47th, Schaefer of the 50th, and Douglas of the 17th. The Senate has passed by the requisite constitutional majority the following bills of the House: HB 1126. By Representative Barnard of the 166th: 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 insurance benefits for former state employees, so as to provide an exemption from the eight-year service requirement for correctional officers injured by inmate violence when five years or less from becoming eligible for medicare medical coverage; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1316. By Representatives Martin of the 47th, Roberts of the 154th, Watson of the 91st, Burkhalter of the 50th, Parrish of the 156th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the creation of the High School Athletics Overview Committee; to provide for its composition, powers, and duties; to provide for reports; to provide for performance criteria; to provide for expenditure of funds; to provide for related matters; 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: THURSDAY, MARCH 30, 2006 5513 HB 955. By Representatives Geisinger of the 48th, Chambers of the 81st, Millar of the 79th and Lindsey of the 54th: A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempt from disclosure, so as to add an exemption for records of the Metropolitan Atlanta Rapid Transit Authority relating to the development and implementation of the TransCard or SmartCard fare payment system; 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 public records exempt from disclosure, so as to add an exemption for records of the Metropolitan Atlanta Rapid Transit Authority relating to the personal information of persons who have purchased cards under the TransCard or SmartCard fare payment 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. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempt from disclosure, is amended by striking paragraphs (18) and (19) of subsection (a) and inserting in place thereof the following: "(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 user's name; or (19) 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 5514 JOURNAL OF THE HOUSE $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.; or (20) Records of the Metropolitan Atlanta Rapid Transit Authority or of any other transit system that is connected to that system's TransCard or SmartCard system which would reveal the financial records or travel history of any individual who is a purchaser of a TransCard or SmartCard or similar fare medium. 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 user's name." 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 Geisinger of the 48th moved that the House agree to the Senate substitute to HB 955. 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 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 Crawford Y Cummings Y Davis N Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Hill, C.A Y Holmes Holt Y Horne Houston Y Howard, E 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 Lakly Y Lane, B Y Lane, R Y Martin Y Maxwell Y May McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y 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 Powell Ralston Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker THURSDAY, MARCH 30, 2006 5515 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 Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Henson Y Hill, C Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 E Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 157, nays 1. The motion prevailed. 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. The following Senate amendments were read: Senate Amendment #1 The Senate moves to amend HB 847 by striking line 3 of page 2 and inserting in lieu thereof the following: (2) 'Minor' means a person who is at least 16 but less than 18 years of age. Senate Amendment #2 The Senate moves to amend HB 847 by striking lines 1 and 2 of page 1 and inserting in lieu thereof the following: To amend Chapter 11 of Title 15 and Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to juvenile proceedings and marriage generally, so as to establish the conditions for minors to become emancipated by 5516 JOURNAL OF THE HOUSE By inserting after "minor;" on line 7 of page 1 the following: to provide that a person be at least 18 years of age in order to contract for marriage except under limited circumstances; to repeal an exception to such age requirement in the case of pregnancy or live birth; to repeal an exception to parental consent based upon pregnancy or live birth; to change certain provisions relating to proof of age for applicants to marry; to change certain provisions relating to parental consent; to repeal a provision relating to notification of parents for underage applicants and additional fees; By inserting after line 31 of page 7 the following: SECTION 6A. Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, is amended by striking Code Section 19-3-2, relating to who may contract marriage, and inserting in lieu thereof the following: 19-3-2. (a) To be able to contract marriage, a person must: (1) Be of sound mind; (2) Except as provided in subsection (b) of this Code section, be Be at least 16 18 years of age. If either applicant is under the age of majority, parental consent shall be required, as provided in Code Section 19-3-37. However, the age limitations contained in this paragraph shall not apply upon proof of pregnancy on the part of the female or in instances in which both applicants are the parents of a living child born out of wedlock, in which case the parties may contract marriage regardless of age; (3) Have no living spouse of a previous undissolved marriage. The dissolution of a previous marriage in divorce proceedings must be affirmatively established and will not be presumed. Nothing in this paragraph shall be construed to affect the legitimacy of children; and (4) Not be related to the prospective spouse by blood or marriage within the prohibited degrees. (b) If either applicant for marriage is 16 or 17 years of age, parental consent as provided in Code Section 19-3-37 shall be required. SECTION 6B. Said chapter is further amended by striking in its entirety Code Section 19-3-36, relating to proof of age of applicants, physician's certificate of pregnancy or parenthood of applicants under age of 16, inspection of certificate, and destruction of certificate, and inserting in lieu thereof the following: 19-3-36. The judge of the probate court to whom the application for a marriage license is made shall satisfy himself or herself that the provisions set forth in Code Section 19-3-2 regarding age limitations are met or that such limitations are not required by virtue of an order issued pursuant to Code Section 15-11-183. If the judge does not know of his THURSDAY, MARCH 30, 2006 5517 or her own knowledge the age of a party for whom a marriage license is sought, the judge shall require the applicant to furnish the court with documentary evidence of proof of age in the form of a birth certificate, driver's license, baptismal certificate, certificate of birth registration, selective service card, court record, passport, immigration papers, alien papers, citizenship papers, armed forces discharge papers, armed forces identification card, or hospital admission card containing the full name and date of birth. In the event an applicant does not possess any of the above but appears to the judge to be at least 25 years of age, the applicant, in lieu of furnishing the judge with one of the above, may give an affidavit to the judge stating the applicant's age. Applicants who have satisfactorily proved that they have reached the age of majority may be issued a marriage license immediately. SECTION 6C. Said chapter is further amended by striking subsection (b) of Code Section 19-3-37, relating to parental consent to marriage of underage applicants, when necessary, and how obtained, and inserting in lieu thereof the following: (b) When parental consent required; how obtained. Except when the female applicant is pregnant or when both applicants are the parents of a living child born out of wedlock, in In cases where the parties applying for a license have not yet reached the age of majority are 16 or 17 years of age, their ages to be proved to the judge of the probate court as provided in Code Section 19-3-36, the parents or guardians of each underage applicant must shall appear in person before the judge and consent to the proposed marriage, provided that if physical presence because of illness or infirmity is impossible, an affidavit by the incapacitated parent or guardian along with an affidavit signed by a licensed attending physician stating that the parent or guardian is physically incapable of being present shall suffice. The licensed attending physician shall include only those physicians licensed under Chapter 34 of Title 43 or under corresponding requirements pertaining to licensed attending physicians in sister states. SECTION 6D. Said chapter is further amended by striking and reserving Code Section 19-3-38, relating to notification of parents of underage applicants and an additional fee, and inserting in lieu thereof the following: 19-3-38. The judge of the probate court shall be required, in all cases where parental consent is not required under Code Sections 19-3-2, 19-3-36, and 19-3-37, to notify the parents of any male or female 17 years of age or younger who applies for a marriage license. The parents shall be notified immediately by first-class mail at their last known address. In license applications which require notification of parents under this Code section, the judge shall collect an additional fee of $1.00, which shall be in addition to any other fee authorized by law. Reserved. 5518 JOURNAL OF THE HOUSE Representative Butler of the 18th moved that the House agree to the Senate amendments to HB 847. 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 Y 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 Y Burmeister Y Burns Y Butler Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E 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 Everson 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 E Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 N Lord Y Loudermilk Lucas Y Lunsford Maddox Y Mangham Manning Y Marin Y Martin E Maxwell Y May Y McCall McClinton Y Meadows Millar 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 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 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 E 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 E Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 155, nays 1. The motion prevailed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: THURSDAY, MARCH 30, 2006 5519 The Senate has passed by the requisite constitutional majority the following bill of the House: HB 1497. By Representatives Knight of the 126th, Chambers of the 81st, Burkhalter of the 50th and Benfield of the 85th: A BILL to be entitled an Act to amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to provide for requirements for persons who own vicious dogs; to provide for a short title; to provide for definitions; to provide for requirements for possessing a vicious dog; to provide for restrictions on permitting vicious dogs to be outside of proper enclosures; to provide for confiscation of vicious dogs under certain circumstances; to provide for penalties; to provide that the article is supplementary to other laws; to provide for liability for damages; 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 report of the Committee of Conference thereon: HB 1390. By Representative Ehrhart of the 36th: 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 change certain provisions relating to creation of the State Board of Optometry, its composition, and qualifications of its members; to change certain provisions relating to the terms of office of board members; to provide for related matters; to repeal conflicting laws; and for other purposes. COMMITTEE OF CONFERENCE REPORT ON HB 1390 The Committee of Conference on HB 1390 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1390 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ D. Balfour Senator, 9th District /s/ Ehrhart Representative, 36th District /s/ Ronnie Chance Senator, 16th District /s/ Smith Representative, 168th District 5520 JOURNAL OF THE HOUSE /s/ Pearson Senator, 51st District /s/ Mike Coan Representative, 101st District A BILL 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 repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, is amended by striking subparagraph (D) of paragraph (2) of Code Section 43-30-1, relating to definitions, and inserting in lieu thereof the following: "(D) Pharmaceutical agents which are used by a doctor of optometry for treatment purposes and administered orally may only be: (i)(I) Nonnarcotic oral analgesics and Schedule III or Schedule IV controlled substances which are oral analgesics; (ii)(II) Used for ocular pain; and (iii)(III) Used for no more than 72 hours without consultation with the patient's physician; or (ii) Oral antibiotics and oral antivirals for use in treating diseases and conditions of the eye and adnexa oculi only." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Representative Ehrhart of the 36th moved that the House adopt the report of the Committee of Conference on HB 1390. 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 Y Beasley-Teague Benfield Y Benton Y Black N Bordeaux Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley N Jackson Y Jacobs Y James Y Jamieson Martin E Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L THURSDAY, MARCH 30, 2006 5521 Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns N Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman, B Y Coleman, T N Cooper Y Cox Y Epps Y Everson Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Freeman Y Gardner Y Geisinger N Golick Y Graves, D Y Graves, T Y Greene Y Hanner Harbin N Hatfield Y Heard, J N Heard, K Heckstall E Hembree Henson Y Hill, C Y Jenkins N Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin 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 Smith, P Y Smith, R Y Smith, T N Smith, V E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Richardson, Speaker On the motion, the ayes were 144, nays 9. The motion prevailed. The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto: SB 450. By Senators Kemp of the 46th, Wiles of the 37th, Seabaugh of the 28th, Mullis of the 53rd, Whitehead, Sr. of the 24th and others: A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts; Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally; Chapter 5 of Title 36 of the O.C.G.A., relating to organization of county government; and Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to revise the pay structure for certain county officers and officials; to revise the minimum salary schedules of pay for sheriffs, tax commissioners, clerks of superior court, and judges of probate court; to provide for longevity pay increases for certain members of county governing authorities; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate amendment was read: 5522 JOURNAL OF THE HOUSE The Senate moves to amend the House substitute to SB 450 by striking "2007" on line 21 on page 2, line 33 on page 4, line 9 on page 6, line 19 on page 8, line 31 on page 10, and line 24 on page 14 and inserting in lieu thereof "2006" and by striking lines 26 through 32 on page 15. By striking "July 1, 1999 2006" on line 4 on page 13 and inserting in lieu thereof "July 1, 1999 January 1, 2007" and by striking "$250.00" on line 5 on page 13 and inserting in lieu thereof "$175.00". By striking lines 12 and 13 on page 13 and inserting in lieu thereof the following: salaried coroner or deputy coroner. (b.1) Any local Acts providing for the compensation of the various coroners shall remain in full force and effect, except in those instances where such local Acts provide for a salary in an amount which is less than the amount of compensation such coroner would be entitled to pursuant to subsection (b) of this Code section in which case the coroner may select on an annual basis beginning January 1, 2007, to be compensated pursuant to subsection (b) of this Code section or by the salary provided for by local Act. Representative Butler of the 18th moved that the House agree to the Senate amendment to the House substitute to SB 450. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Amerson Anderson Ashe Y Barnard N Barnes Y Bearden Beasley-Teague N Benfield Y Benton N Black N Bordeaux N Borders Y Bridges Y Brooks N Brown Y Bruce Y Bryant N Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Byrd Y Crawford Cummings Davis Y Day Y Dean Y Dickson N Dodson Y Dollar N Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Hill, C.A N Holmes Y Holt Y Horne N Houston N Howard, E Y Hudson N Hugley N Jackson N Jacobs Y James N Jamieson Y Jenkins N Jennings Y Johnson Jones, J Y Jones, S Y Jordan N Keen N Keown Y Kidd Y Knight Y Knox Y Lakly N Lane, B Y Martin E Maxwell N May Y McCall McClinton N Meadows N Millar N Mills Y Mitchell Morgan Y Morris Y Mosby Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell N Sailor N Scheid N Scott, A N Scott, M Setzler N Shaw N 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 E Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Thomas, B Y Tumlin THURSDAY, MARCH 30, 2006 5523 Y Carter Y Casas N Chambers Channell Y Cheokas N Coan Cole E Coleman, B Coleman, T Y Cooper Y Cox N Graves, T Y Greene Hanner Harbin N Hatfield Y Heard, J Y Heard, K Heckstall E Hembree N Henson N Hill, C N Lane, R N Lewis N Lindsey Y Lord N Loudermilk N Lucas N Lunsford Y Maddox Y Mangham N Manning Y Marin Y Ralston N Randall Y Ray Y Reece, B Y Reece, S N Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Walker N Warren Watson Y Wilkinson E Willard N Williams, A Y Williams, E N Williams, R Y Wix Y Yates Richardson, Speaker On the motion the ayes were 97, nays 54. The motion prevailed. Representative Walker of the 107th 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 or amendment thereto: HB 1227. By Representatives England of the 108th, Coleman of the 97th, McCall of the 30th, Roberts of the 154th, Black of the 174th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to create the Agricultural Education Oversight Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to create the Agricultural Education Advisory Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 5524 JOURNAL OF THE HOUSE Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, is amended by adding a new part to read as follows: "Part 8 20-14-90. (a) There is created the Agricultural Education Advisory Commission. (b)(1) The commission shall consist of three members of the House of Representatives to be appointed by the Speaker of the House, at least one of whom shall be from the House Committee on Agriculture and Consumer Affairs and at least one of whom shall be from the House Committee on Education; three members of the Senate to be appointed by the Senate Committee on Assignments, at least one of whom shall be from the Senate Agriculture and Consumer Affairs Committee and at least one of whom shall be from the Senate Education and Youth Committee; three members who are not members of the General Assembly to be appointed by the Governor; and three members who are not members of the General Assembly to be appointed by the State School Superintendent. (2) Vacancies in the commission shall be filled in the same manner as the original appointments. (3)(A) Legislative members of the commission shall serve two-year terms concurrent with their terms as members of the General Assembly. (B) Nonlegislative members of the commission shall serve for two year terms concurrent with those terms of legislative members of the commission. (c) The Speaker of the House shall designate one of the commission members from the House of Representatives as a co-chairperson of the commission, and the Senate Committee on Assignments shall designate one of the commission members from the Senate as a co-chairperson of the commission. Each co-chairperson shall serve as such concurrent with his or her term as a member of the commission. (d)(1) The head of the agricultural education program of the Department of Education shall report annually to commission regarding the conditions, needs, issues, and problems of the program. (2) The commission shall periodically review the conditions, needs, issues, and problems related to the agricultural education program, issue annually a report on the same to the General Assembly, and recommend any action or legislation which the commission deems necessary or appropriate. (e)(1) 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 Code section. The commission shall meet upon the call of either co-chairperson. The commission shall meet not less than two nor more than four times annually. (2) The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8. Any citizen members shall receive a daily expense THURSDAY, MARCH 30, 2006 5525 allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Any members of the commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to the Department of Education. All other funds necessary to carry out the provisions of this Code section shall come from funds appropriated to the House of Representatives and the Senate. The expenses and allowances authorized by this paragraph shall not be received by members of the commission for more than four days annually. (f) This part shall stand repealed on December 31, 2012." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Representative England of the 108th moved that the House agree to the Senate substitute to HB 1227. 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 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 Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Crawford Cummings Davis Y Day Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B N Martin E Maxwell Y May Y McCall McClinton Y Meadows Millar 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 Sailor Y Scheid Y Scott, A N Scott, M 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 Smith, V E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin 5526 JOURNAL OF THE HOUSE Y Carter Casas Y Chambers Y Channell Y Cheokas Coan Y Cole E Coleman, B Coleman, T Cooper Y Cox N Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall E Hembree Henson Y Hill, C Y Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Ralston Y Randall Y Ray Y Reece, B Reece, S Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 143, nays 6. The motion prevailed. HB 1228. By Representatives England of the 108th, Coleman of the 97th, McCall of the 30th, Roberts of the 154th, Black of the 174th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to create the Career and Technical Education Oversight Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to repeal conflicting laws; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 1228 by striking line 4 of page 1 and inserting in lieu thereof the following: terms, officers, duties, meetings, and reimbursement of members of the commission; to provide for automatic repeal; to By striking line 2 of page 3 and inserting in lieu thereof the following: commission for more than four days annually. (f) This part shall stand repealed on December 31, 2012." Representative England of the 108th moved that the House agree to the Senate amendment to HB 1228. On the motion, the roll call was ordered and the vote was as follows: THURSDAY, MARCH 30, 2006 5527 Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Cummings Y Davis Y Day Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster N 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 Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Y Keen Y Keown Y Kidd Y Knight Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Maxwell Y May Y McCall McClinton N Meadows Millar 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 Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Scott, A N 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 E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 149, nays 5. The motion prevailed. HB 1053. By Representatives Mills of the 25th, Rice of the 51st, Ehrhart of the 36th, Keen of the 179th, Fleming of the 117th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the national motto, "In God We Trust"; to provide for a portion of the revenue to go to the Boy Scouts of America; to provide for issuance, renewal, fees, licensing agreements, applications, and 5528 JOURNAL OF THE HOUSE transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to define certain terms; to change certain provisions relating to commemorative license plates for Georgia organizations, promotional agreements, and fees; to repeal and reserve certain provisions regarding special license plates; to provide for special license plates promoting beneficial projects and supporting worthy agencies, funds, or nonprofit corporations, as determined by the General Assembly; to provide for issuance, renewal, fees, licensing agreements, applications, dedication of revenue, audits, and transfers relative to such special license plates; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-32.1, relating to commemorative license plates for Georgia organizations, promotional agreements, and fees, and inserting in lieu thereof the following: "40-2-32.1. (a) In the event the General Assembly enacts any law approving the sale of commemorative license plates recognizing Georgia organizations or institutions, including educational institutions, civic associations, and social organizations, the commissioner shall approve the form of any such license plates and shall be authorized to enter into any agreements with private parties for the purpose of promoting the sale of any such license plates. (b) Beginning in calendar year 1998, 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 commemorative license plate pursuant to the enactment of a law by the General Assembly and approval by the commissioner in accordance with subsection (a) of this Code section. Revalidation decals, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, shall be issued for any such THURSDAY, MARCH 30, 2006 5529 commemorative license plates in the same manner as provided for general issue license plates. (c) Any such agreements for the purpose of promoting the sale of commemorative license plates may authorize the manufacturing fee to be apportioned, as determined by the commissioner, between the organization commemorated by the license plates, the vendor administering the sale and promotion of the license plates, and the State of Georgia All funds derived from the sale of license plates pursuant to this Code section, less a $1.00 processing fee which shall be granted to county tag offices per plate sold, shall be remitted to the state as provided by Code Section 40-2-34." SECTION 2. Said chapter is further amended in Code Section 40-2-34, relating to reports and remittances by tag agents, by adding a new subsection to read as follows: "(f) All funds derived from motor vehicle registrations or the sale of any license plates and remitted to the state shall be deposited in the general fund of the state treasury unless otherwise specifically authorized by the Constitution and provided for in this chapter." SECTION 3. Said chapter is further amended by repealing and reserving Code Section 40-2-48, relating to special license plates promoting the United States Disabled Athletes Fund. SECTION 4. Said chapter is further amended by repealing and reserving Code Section 40-2-49, relating to special license plates promoting the Nongame-Endangered Wildlife Program of the Georgia Department of Natural Resources. SECTION 5. Said chapter is further amended by repealing and reserving Code Section 40-2-49.1, relating to special license plates promoting the Bobwhite Quail Restoration Initiative. SECTION 6. Said chapter is further amended by repealing and reserving Code Section 40-2-86.3, relating to special license plates commemorating Civil War battlefields and historic sites. SECTION 7. Said chapter is further amended by repealing and reserving Code Section 40-2-86.6, relating to special license plates promoting conservation and enhancement of trout populations. SECTION 8. Said chapter is further amended by repealing and reserving Code Section 40-2-86.13, relating to special license plates promoting historic preservation efforts. 5530 JOURNAL OF THE HOUSE SECTION 9. Said chapter is further amended by repealing and reserving Code Section 40-2-86.15, relating to special license plates promoting NASCAR or promoting bicycle safety. SECTION 10. Said chapter is further amended by repealing and reserving Code Section 40-2-86.16, relating to special license plates honoring families with a member serving in the military. SECTION 11. Said chapter is further amended by repealing and reserving Code Section 40-2-86.17, relating to "Support Georgia Troops" special license plates. SECTION 12. Said chapter is further amended by adding a new Code section to read as follows: "40-2-86.18. (a)(1) As used in this Code section, the term: (A) 'Manufacturing fee' means a $25.00 fee paid at the time a metal special license plate is issued. (B) 'Special tag renewal fee' means a $25.00 fee paid at the time a revalidation decal is issued for a special license plate. (2) The General Assembly has determined that the issuance of special license plates to support an agency or fund or a program beneficial to the people of this state that is administered by a nonprofit corporation organized under Section 501(c)(3) of Title 26 of the Internal Revenue Code and dedicating a portion of the funds raised from the sale of these special license plates is in the best interests of the people of this state. Therefore, the special license plates listed in subsection (n) of this Code section shall be issued by the department beginning on July 1, 2007, if all of the requirements of subsections (b) through (k) of this Code section have been satisfied. The license plates listed in subsection (m) of this Code section shall continue to be issued as long as they continue to meet the requirements of subsections (b), (c), (f), (g), (i), (j), and (k) of this Code section. (b) The agency, fund, or nonprofit corporation sponsoring the special license plate, in cooperation with the commissioner, shall design special distinctive license plates appropriate to promote the program benefited by the sale of the special license plate. The special 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. The agency, fund, or nonprofit corporation sponsoring the license plate 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. THURSDAY, MARCH 30, 2006 5531 (c) Notwithstanding the provisions of subsection (b) of this Code section, no special license plate shall be produced 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 produce the special license plate. The design of the initial edition of any special license plate, 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 on January 1, 2007, 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 the manufacturing fee and the special tag renewal fee in addition to the regular motor vehicle registration fee shall be able to apply for a special license plate listed in subsection (n) of this Code section. Revalidation decals shall be issued for special license plates in the same manner as provided for general issue license plates. (e) The manufacturing fee and the special tag renewal fee derived from the sale of special license plates listed in subsection (n) of this Code section shall be apportioned as follows: $1.00 to the county tag agent, $2.00 to the department, $12.00 to be deposited into the general fund, and $10.00 to be dedicated to the sponsoring agency, fund, or nonprofit corporation as permitted by Article III, Section IX, Paragraph VI(n) of the Constitution. (f) Before the department disburses to the agency, fund, or nonprofit corporation funds from the sale of special license plates, the agency, fund, or nonprofit corporation must provide a written statement stating the manner in which such funds shall be utilized. In addition, a nonprofit corporation must provide the department with documentation of its nonprofit status under Section 501(c)(3) of Title 26 of the Internal Revenue Code. The purposes for which the funds shall be utilized must be the same as those specified in subsections (m) and (n) of this Code section authorizing the dedication to the agency, fund, or nonprofit corporation of revenue from the sale of special license plates. The agency, fund, or nonprofit corporation shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. If it is determined that the funds are not being used for the purposes set forth in the statement provided by the agency, fund, or nonprofit corporation, the department shall withhold payment of such funds until such noncompliance issues are resolved. (g) An applicant may request a special license plate any time during the applicant's registration period. If such a license plate is to replace a current valid license plate, the special license plate if issued under subsection (m) of this Code section shall be issued 5532 JOURNAL OF THE HOUSE with appropriate decals attached upon payment of the manufacturing fee but without payment of the special tag renewal fee. However, special license plates issued under subsection (n) of this Code section shall be issued with appropriate decals attached upon payment of the manufacturing fee and the special tag renewal fee. (h) No special license plate authorized pursuant to subsection (n) of 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, 2007, 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. (i) 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 provided for 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 the special tag renewal 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 provided for in subsection (b) of Code Section 40-2-31, the sponsoring agency, fund, or nonprofit corporation shall be required again to obtain 1,000 applications accompanied by the manufacturing fee to continue to manufacture the special license plate. (j) Special license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (k) Special license plates shall be issued within 30 days of application once the requirements of this Code section have been met. (l) The commissioner is authorized and directed to establish procedures and promulgate rules and regulations to effectuate the purposes of this Code section. (m)(1) The General Assembly has determined that the existing special license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall continue to be issued for the purposes indicated and that all of the funds raised from the manufacturing fee and the special tag renewal fee, less a $1.00 fee to be paid to the county tag agent and a $2.00 manufacturing or special tag renewal fee to be paid to the department, shall be disbursed to the agency, fund, or nonprofit corporation indicated in this subsection. (2) A special license plate promoting the United States Disabled Athletes Fund, for the support of disabled athletes. The funds raised by the sale of this special license plate shall be disbursed to the United States Disabled Athletes Fund. (3) Special license plates promoting the Nongame-Endangered Wildlife Program of the Georgia Department of Natural Resources. The funds raised by the sale of these special license plates shall be disbursed to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund of the Georgia Department of Natural Resources THURSDAY, MARCH 30, 2006 5533 for the purposes enumerated in subsection (b) of Code Section 12-3-602. Such license plates shall not include a space for a county name decal but shall instead bear the legend 'Give Wildlife a Chance' in lieu of the name of the county of issuance. (4) A special license plate commemorating Civil War battlefields and historic sites. The funds raised by the sale of this special license plate shall be disbursed to the Civil War Commission for the acquisition of Civil War battlefields and associated Civil War historic sites in this state and for the maintenance, protection, and interpretation of the same as provided by Ga. L. 1993, p. 1952. (5) A special license plate promoting conservation and enhancement of trout populations. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to supplement trout restoration and management programs. (6) A special license plate promoting historic preservation efforts. The funds raised by the sale of this special license plate shall be disbursed to the Department of Natural Resources for use by the Historic Preservation Division to fund historic preservation programs in the state through the Georgia historic preservation grant program as otherwise authorized by law. (7) A special license plate promoting bicycle safety. The funds raised by the sale of this special license plate shall be disbursed to the Governor's Highway Safety Program administered by the Office of Highway Safety in the Department of Public Safety. (8) A special license plate honoring families with a member serving in the military. The funds raised by the sale of this special license plate shall be disbursed 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. (9) A special license plate promoting 'Support Georgia Troops.' The funds raised by the sale of this special license plate shall be disbursed 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. (10) A special license plate promoting NASCAR. The provisions of paragraph (1) of this subsection notwithstanding, from the additional $25.00 fee charged for the issuance and renewal of the NASCAR license plates authorized under this paragraph, $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 disbursed to the Governor's Highway Safety Program administered by the Office of Highway Safety in the Department of Public Safety. (11) A special license plate supporting the Bobwhite Quail Restoration Initiative. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to conduct programs designed to enhance the bobwhite quail population in this state. Such programs may include the creation of habitat demonstration areas on state managed wildlife lands, education programs, technical assistance to private landowners in the 5534 JOURNAL OF THE HOUSE creation and maintenance of bobwhite quail habitats on their lands, and projects to encourage public support for the license plate and the activities it funds. The Department of Natural Resources may enter into such contractual agreements as may be appropriate to further the objectives of the Bobwhite Quail Restoration Initiative, including entering into contractual agreements whereby private landowners, public agencies, or corporate entities create, preserve, or enhance habitat for bobwhite quail in return for the payment of incentives. Such license plate shall not include a space for a county decal but shall instead bear the legend 'Support Wildlife' in lieu of the name of the county of issuance. (n)(1) The General Assembly has determined that license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated and with a portion of the revenue being disbursed to the agency, fund, or nonprofit corporation indicated in this subsection. The revenue disbursement for the special license plates in this subsection shall be as described in subsection (e) of this Code section. (2) A special license plate to display 'Support Our Public Libraries' to support the purchase of books and literary programming for public libraries in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Center for the Book. (3) A special license plate for Children's Healthcare of Atlanta to support the work this pediatric hospital system does in the State of Georgia. The funds raised by the sale of this special license plate shall be disbursed to Children's Healthcare of Atlanta. (4) A special license plate for the Georgia War Veterans Nursing Home to support the implementation and operation of the Georgia War Veterans Nursing Home. The funds raised by the sale of this special license plate shall be disbursed to the Department of Veterans Service for use in operating the Georgia War Veterans Nursing Home. (5) A special license plate for the Georgia Automobile Racing Hall of Fame Association to promote the Georgia Automobile Racing Hall of Fame Association, which is devoted to preserving the history of automobile racing in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Automobile Racing Hall of Fame Association. (6) A special license plate for the Alzheimer's Association, Georgia Chapter, to help eliminate Alzheimer's disease through the advancement of research and to enhance care and support for individuals, their families, and caregivers. The funds raised by the sale of this special license plate shall be disbursed to the Alzheimer's Association, Georgia Chapter. (7) A special license plate for the school health and physical education program to help fund school health and physical education programs. The funds raised by the sale of this special license plate shall be disbursed to the Department of Education. (8) A special license plate for stroke awareness, treatment, and prevention to support programs aiding stroke victims in Georgia. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Stroke Awareness' in THURSDAY, MARCH 30, 2006 5535 lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Center for Telehealth of the Medical College of Georgia. (9) A special license plate for Project Lifesaver promoting the establishment of a Project Lifesaver or similar type of program by local law enforcement agencies. Project Lifesaver's mission is to use state of the art technology in assisting those who care for victims of Alzheimer's disease and other related mental dysfunction disorders and victims who become lost. The funds raised by the sale of this special license plate shall be disbursed to the Department of Public Safety or a nonprofit corporation organized exclusively for the purpose of establishing a Project Lifesaver or similar type of program by local law enforcement agencies. (10) A special license plate for pediatric cancer to raise funds to support the treatment of pediatric cancer. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Cure Kids Cancer' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Health to be deposited in the Indigent Care Trust Fund created by Code Section 31-8-152 to fund pediatric cancer screening and treatment related programs for those children who are medically indigent and may have cancer. (11) A special license plate for the child care industry to promote the child care industry by encouraging higher educational standards and providing for professional camaraderie for child care providers. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Support Improved Child Care' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Minority Alliance for Child Care Development Advocates, Inc., for the development of programs to help improve child care. (12) A special license plate to display the motto, 'In God We Trust.' The funds raised by the sale of this special license plate shall be disbursed to the Boy Scouts of America for the development of scouting programs. (13) A special license plate for child abuse prevention. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Prevent Child Abuse' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Foster Family Foundation of Georgia for the development of programs to help victims of child abuse. (14) A special license plate for the Thanks Mom and Dad Fund. The funds raised by the sale of this special license plate shall be disbursed to the Department of Human Resources to address the key needs of the state's older population or a nonprofit corporation organized to serve the needs of the state's older population. (15) A special license plate for pediatric cancer research. The funds raised by the sale of this special license plate shall be disbursed to the Joanna McAfee Childhood Cancer Foundation for support of pediatric cancer research. 5536 JOURNAL OF THE HOUSE (16) A special license plate for supporting beautification projects in Cobb County. The funds raised by the sale of this special license plate shall be disbursed to Keep Cobb Beautiful, Inc., for support of beautification projects in Cobb County. (17) A special license plate for the AIDS Survival Project. The funds raised by the sale of this special license plate shall be disbursed to the AIDS Survival Project which is committed to providing people living with HIV the information and support they need to live healthy and productive lives. (18) A special license endorsing 'Support Our Troops.' The funds raised by the sale of this special license plate shall be disbursed to Georgia Support Our Troops, Inc. (19) A special license plate for the Sons of Confederate Veterans. The funds raised by the sale of this special license plate shall be disbursed to Georgia Sons of Confederate Veterans. (20) A special license plate for amyotrophic lateral sclerosis (ALS), also known as 'Lou Gehrig's disease,' to support research and education on amyotrophic lateral sclerosis. The funds raised by the sale of this special license plate shall be disbursed to the ALS Association of Georgia. (21) A special license plate for foster parents to support programs for foster parents in Georgia. The funds raised by the sale of this special license plate shall be disbursed to The Adoptive and Foster Parent Association of Georgia, Inc., for support of foster parents in Georgia. (22) A special license plate for the Atlanta Braves Foundation to assist the charities supported by the foundation. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Affairs or such other public agency or nonprofit corporation as may be designated. (23) A special license plate for the Atlanta Falcons Foundation to assist the charities supported by the foundation. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Affairs or such other public agency or nonprofit corporation as may be designated. (24) A special license plate for supporting beautification projects in Georgia. The funds raised by the sale of this special license plate shall be disbursed to Keep Georgia Beautiful Foundation, Inc., for support of beautification projects in Georgia. (25) A special license plate displaying the logo of Choose Life, Inc. The words 'Choose Life' must appear at the bottom. The funds raised by the sale of this special license plate shall be disbursed to Choose Life of Georgia, Inc., to be distributed among nonprofit corporations in Georgia that counsel women to consider adoption. (26) A special license plate supporting education on the maritime history of Georgia's coast. The funds raised by the sale of this special license plate shall be disbursed to The Georgia Maritime Foundation, Inc., for use in programs supporting education on the maritime history of Georgia. (27) A special license plate supporting programs for persons with brain-related disorders and disabilities. The funds raised by the sale of this special license plate shall be disbursed to Pilot International, for support of programs for persons with brain-related disorders in Georgia. THURSDAY, MARCH 30, 2006 5537 (28) A special license plate supporting agriculture in Georgia. The funds raised by the sale of this special license plate shall be evenly split between Georgia 4-H and the Georgia Association of Future Farmers of America to fund projects promoting agriculture in Georgia. (29) A special license plate promoting the Georgia equine industry. The funds raised by the sale of this special license plate shall be disbursed to the Agricultural Commodity Commission for Equines. A special license plate promoting African American History and Tourism in Georgia. (30) A special license plate for supporting "Bronze Star" for war veterans. The fund raised by the sale shall be disbursed to the National Guard Family Foundation." SECTION 13. (a) This Act shall become effective on January 1, 2007, except as otherwise provided in subsection (b) of this section. (b) If an amendment to the Constitution of the State of Georgia authorizing the dedication of revenue from sales of special license plates to agencies, funds, or nonprofit corporations designated by the General Assembly is not ratified at the general election in 2006, this Act shall be repealed in its entirety on January 1, 2007, and no such motor vehicle license plates shall be issued pursuant to this Act. SECTION 14. All laws and parts of laws in conflict with this Act are repealed. Representative Mills of the 25th moved that the House agree to the Senate substitute to HB 1053. The motion was lost. The House has disagreed. The following Bills of the Senate were taken up for the purpose of considering the Senate's disagreeing to the House substitute or amendment thereto: SB 572. By Senators Goggans of the 7th, Stephens of the 27th, Williams of the 19th, Douglas of the 17th, Pearson of the 51st and others: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to establish and define a crime of medical assistance managed care fraud; to change certain provisions relating to administrative hearings and appeals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 5538 JOURNAL OF THE HOUSE Representative Cooper of the 41st moved that the House insist on its position in substituting SB 572. The motion prevailed. SB 136. By Senators Smith of the 52nd, Hill of the 32nd, Wiles of the 37th and Weber of the 40th: A BILL to be entitled an Act to amend Code Section 15-11-47 of the Official Code of Georgia Annotated, relating to procedure on taking child into custody, detention, and bail, so as to provide for bail for children alleged to be delinquent or unruly; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Ralston of the 7th moved that the House recede from its position in amending SB 136. 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 Y 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 Y Burmeister Y Burns Butler Y Byrd Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson 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 Heard, J Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins N Jennings Y Johnson 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 Martin E Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Morgan E Morris Y 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 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 E 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 THURSDAY, MARCH 30, 2006 5539 Y Cole E Coleman, B Y Coleman, T Cooper Y Cox Y Heard, K Heckstall E Hembree Y Henson Y Hill, C Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Rice Y Roberts Y Rogers Y Royal Rynders Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 150, nays 1. The motion prevailed. 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 503. By Senators Hamrick of the 30th and Hill of the 4th: A BILL to be entitled an Act to amend Chapter 21A of Title 15, Title 17, and Code Section 42-8-34.1 of the O.C.G.A., relating respectively to judicial accounting, criminal procedure, and to legal defense for indigents, requirements for revocation of probated or suspended sentence, so as to change certain provisions relating to the Georgia Public Defender Standards Council and the provision of legal services to indigent persons; to clarify that the application fee for indigent defense services is not a prerequisite to obtaining legal services; to specify the types of standards that shall be submitted to the General Oversight Committee for the Georgia Public Defender Standards Council; to change certain provisions relating to the budget for the Office of the Georgia Capital Defender; to provide for related matters; to provide for 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 503 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 Crawford of the 127th, May of the 111th, and Ralston of the 7th. The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: 5540 JOURNAL OF THE HOUSE HB 1008. By Representative Carter of the 159th: A BILL to be entitled an Act to amend Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Hospice Law," so as to provide that palliative care may be provided under hospice to patients with advanced and progressive diseases with a life expectancy of more than six months; to revise certain definitions relating to hospice care; to provide for construction; 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 1008 by inserting "to provide for a contingent effective date; "after "matters;" on line 4 of page 1. By inserting between lines 21 and 22 of page 3 the following: SECTION 2A. 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 and shall become effective when funds so appropriated become available for expenditure. Representative Carter of the 159th moved that the House disagree to the Senate amendment to HB 1008. 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 1211. By Representatives Reese of the 98th, Lane of the 158th, Ralston of the 7th, Holt of the 112th, Crawford of the 127th 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 the Southern Appalachian brook trout as the official state cold water game fish; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Reese of the 98th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1211 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 30, 2006 5541 The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Reese of the 98th, Lane of the 158th, and Day of the 163rd. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 429. By Representatives Smith of the 168th, Rogers of the 26th, Manning of the 32nd, Coleman of the 144th and Graves of the 137th: A BILL to be entitled an Act to amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relative to the setoff of debt collection, so as to authorize a setoff of certain debts owed to public housing authorities; to repeal conflicting laws; and for other purposes. Under the general order of business, 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 588. By Senators Rogers of the 21st, Shafer of the 48th, Staton of the 18th and Hill of the 32nd: 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, relating to fair business practices, so as to prohibit the use or display of social security numbers except in specified circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to fair business practices, so as to prohibit the use or display of social 5542 JOURNAL OF THE HOUSE security numbers except in specified circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to fair business practices, is amended by inserting a new Code Section 10-1393.8, immediately following Code Section 10-1-393.7, relating to solicitations during final illness, to read as follows: "10-1-393.8. (a) Except as otherwise provided in this Code section, a person, firm, or corporation shall not: (1) Publicly post or publicly display in any manner an individual's social security number. As used in this Code section, 'publicly post' or 'publicly display' means to intentionally communicate or otherwise make available to the general public; (2) Require an individual to transmit his or her social security number over the Internet, unless the connection is secure or the social security number is encrypted; or (3) Require an individual to use his or her social security number to access an Internet website, unless a password or unique personal identification number or other authentication device is also required to access the Internet website. (b) This Code section shall not apply to: (1) The collection, release, or use of an individual's social security number as required by state or federal law; (2) The inclusion of an individual's social security number in an application, form, or document sent by mail, electronically transmitted, or transmitted by facsimile: (A) As part of an application or enrollment process; (B) To establish, amend, or terminate an account, contract, or policy; or (C) To confirm the accuracy of the individual's social security number; (3) The use of an individual's social security number for internal verification or administrative purposes; or (4) An interactive computer service provider's or a telecommunications provider's transmission or routing of, or intermediate temporary storage or caching of, an individual's social security number. (c) This Code section shall not impose a duty on an interactive computer service provider or a telecommunications provider actively to monitor its service or to affirmatively seek evidence of the transmission of social security numbers on its service. (d) Notwithstanding the provisions of this Code section, the clerks of superior court of this state and the Georgia Superior Court Clerks Cooperative Authority shall be held harmless for filing, publicly posting, or publicly displaying any document containing an individual's social security number that the clerk is otherwise required by law to file, publicly post, or publicly display for public inspection." THURSDAY, MARCH 30, 2006 5543 SECTION 2. This Act shall become effective on July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and ruled not germane: Representative Teilhet of the 40th et al. move to amend the Committee substitute to SB 588 by striking lines 1 through 4 of page 1 and inserting in lieu thereof the following: To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to prohibit the use or display of social security numbers except in specified circumstances; to define certain terms; to provide that a person may place a security freeze on his or her credit report by notifying the credit reporting agencies; to provide for procedures; to provide for a temporary or permanent lifting of such freeze; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By striking lines 7 and 8 of page 1 and inserting in lieu thereof the following: 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 Code Section 10-1-393.8, By inserting after line 15 of page 2 the following: SECTION 3. Said chapter is further amended by inserting the following: "10-1-913. (a) As used in this Code section, the term: (1) 'Consumer reporting agency' means any person that, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. (2) 'Credit information' shall mean any credit related information derived from a credit report or found on a credit report. (3) 'Credit report' shall mean any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, or credit capacity which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for credit or insurance to be used primarily for personal, family, or household purposes. 5544 JOURNAL OF THE HOUSE (4) 'Security freeze' means a notice placed in a consumer's credit report that prohibits the consumer credit reporting agency from releasing the consumer's credit report or any information from it without the express authorization of the consumer. (b) A consumer may elect to place a security freeze on his or her credit report by making a request in writing by certified mail to a consumer credit reporting agency. A consumer credit reporting agency shall place a security freeze on a consumer's credit report no later than five business days after receiving a written request from the consumer. The consumer credit reporting agency shall send a written confirmation of the security freeze to the consumer within ten business days and shall provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorization for the release of his or her credit for a specific party or period of time. (c) If a security freeze is in place, a consumer reporting agency shall not release credit information from a consumer's credit report to a third party without prior express authorization from the consumer; provided, however, that a consumer credit reporting agency may advise a third party that a security freeze is in effect with respect to the consumer's credit report. (d) If the consumer wishes to allow his or her credit report to be accessed for a specific party or period of time while a freeze is in place, he or she shall contact the consumer credit reporting agency, request that the freeze be temporarily lifted, and provide the following: (1) Proper identification; (2) The unique personal identification number or password provided by the credit reporting agency pursuant to subsection (b) of this Code section; and (3) The proper information regarding the third party who is to receive the credit report or the time period for which the report shall be available to users of the credit report. (e) A consumer credit reporting agency that receives a request from a consumer to temporarily lift a freeze on a credit report pursuant to subsection (d) of this Code section shall comply with the request no later than three business days after receiving the request. (f) A consumer credit reporting agency may develop procedures involving the use of telephone, facsimile, the Internet, or other electronic media to receive and process a request from a consumer to temporarily lift a freeze on a credit report pursuant to subsection (d) of this Code section in an expedited manner. (g) A consumer credit reporting agency shall remove or temporarily lift a freeze placed on a consumer's credit report only in the following cases: (1) Upon consumer request, pursuant to subsection (d) of this Code section; or (2) If the consumer's credit report was frozen due to a material misrepresentation of fact by the consumer. If a consumer credit reporting agency intends to remove a freeze upon a consumer's credit report pursuant to this paragraph, the consumer credit reporting agency shall notify the consumer in writing prior to removing the freeze on the consumer's credit report. THURSDAY, MARCH 30, 2006 5545 (h) If a third party requests access to a consumer credit report on which a security freeze is in effect and this request is in connection with an application for credit or any other use and the consumer does not allow his or her credit report to be accessed for that specific party or period of time, the third party may treat the application as incomplete. (i) If a consumer requests a security freeze, the consumer credit reporting agency shall disclose the process of placing and temporarily lifting a freeze and the process for allowing access to information from the consumer's credit report for a specific party or period of time while the freeze is in place. (j) A security freeze shall remain in place until the consumer requests that the security freeze be removed. A consumer credit reporting agency shall remove a security freeze within three business days of receiving a request for removal from the consumer who provides both of the following: (1) Proper identification; and (2) The unique personal identification number or password provided by the credit reporting agency pursuant to subsection (d) of this Code section. (k) A consumer reporting agency may charge a fee of no more than $8.00 to a consumer for each freeze, removal of the freeze, or temporary lift of the freeze for a period of time, or a fee of no more than $8.00 for a temporary lift of a freeze for a specific party, regarding access to a consumer credit report, except that a consumer credit reporting agency may not charge a fee to a victim of identity theft who has submitted a valid police report that alleges the offense of identity fraud pursuant to Article 8 of Chapter 9 of Title 16." By renumbering Sections 2 and 3 as Sections 3 and 4, 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 Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Martin E Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Morgan E Morris Y Mosby Y Sailor Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L 5546 JOURNAL OF THE HOUSE Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman, B Y Coleman, T Cooper Y Cox Y Epps Y Everson 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 E Hembree Y Henson Y Hill, C Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox Y Mangham Manning Y Marin Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, P Y Smith, R Y Smith, T Y Smith, V E 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 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 Jones of the 46th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. SB 455. By Senators Shafer of the 48th and Wiles of the 37th: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 16 of the O.C.G.A., relating to invasions of privacy, so as to define certain terms; to provide that it shall be illegal for a customer proprietary network information broker to obtain or release certain customer information; to provide for penalties; to provide for exceptions; to amend Code Section 4338-11 of the O.C.G.A., relating to denial, revocation, or sanction of licenses and registrations, action by the Georgia Board of Private Detective and Security Agencies, and judicial review, so as to provide that it shall be grounds for such board to deny or revoke a license if the applicant has obtained certain customer information; to amend Chapter 5 of Title 46 of the O.C.G.A., relating to telephone and telegraph service, so as to define certain terms; to provide that no telecommunications company may release certain customer information; to provide for rules and regulations; to provide for THURSDAY, MARCH 30, 2006 5547 exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to provide a short title; to provide findings of fact; to define certain terms; to provide that it shall be illegal for a telephone records broker to obtain or release certain customer information; to provide for penalties; to provide for exceptions; to amend Code Section 43-38-11 of the Official Code of Georgia Annotated, relating to denial, revocation, or sanction of licenses and registrations, action by the Georgia Board of Private Detective and Security Agencies, and judicial review, so as to provide that it shall be grounds for such board to deny or revoke a license if the applicant has obtained certain customer information; to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to define certain terms; to provide that no telecommunications company may release certain customer information; to provide for exceptions; to provide for action in the event of a breach of security; to provide for customer notification; to provide that a violation of such provisions shall be an unfair or deceptive practice in consumer transactions; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Telephone Records Privacy Protection Act." SECTION 2. The General Assembly finds that: (1) Telephone records can be of great use to criminals because the information contained in call logs listed in such records include a wealth of personal data; (2) Many call logs reveal the names of telephone users doctors, public and private relationships, business associates, and more; (3) Although other personal information such as social security numbers may appear on public documents, which can be accessed by data brokers, the only warehouse of telephone records is located at the telephone companies themselves; (4) Telephone records are sometimes accessed without authorization of the customer by: (A) An employee of the telephone service provider selling the data; and 5548 JOURNAL OF THE HOUSE (B) "Pretexting," whereby a data broker or other person pretends to be the owner of the telephone and convinces the telephone company's employees to release the data to such person; and (5) Telephone companies encourage customers to manage their accounts online with many setting up the online capability in advance, although many customers never access their account online. If someone seeking the information activates the account before the customer, he or she can gain unfettered access to the telephone records and call logs of that customer. SECTION 3. Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, is amended by inserting a new Code section to read as follows: "16-11-70. (a) As used in this Code section, the term: (1) 'End user' means any person, corporation, partnership, firm, municipality, cooperative, organization, governmental agency, building owner, or other entity provided with a telecommunications service for its own consumption and not for resale. (2) 'Telephone record' means information retained by a telecommunications company that relates to the telephone number dialed by the customer, the number of telephone calls directed to a customer, or other data related to the telephone calls typically contained on a customer telephone bill, such as the time the calls started and ended, the duration of the calls, the time of day the calls were made, and any charges applied. For purposes of this Code section, any information collected and retained by, or on behalf of, customers utilizing caller identification or other similar technology does not constitute a telephone record. (3) 'Telephone records broker' means any person or organization that is neither a telecommunications company nor a vendor or supplier for a telecommunications company obligated by contract to protect the confidentiality of telephone records and that purchases, acquires, sells, or releases the telephone record of any third party with whom it has no prior or existing business relationship or that attempts to purchase, acquire, sell, or release the telephone record of any party with whom it has no prior or existing business relationship. (b) It is unlawful for any telephone records broker to purchase, acquire, sell, or release the telephone records of any person who is a Georgia resident or to attempt to purchase, acquire, sell, or release the telephone record of any third party who is a Georgia resident. This Code section applies whether the customer's telephone record is obtained by the telephone records broker directly from a telecommunications company or from any other third-party source. For purposes of this Code section, a person is a Georgia resident if the individual has a Georgia billing address. (c) A violation of any provision of this Code section shall be punishable by a civil fine in an amount not to exceed $10,000.00 for each violation. The prosecuting attorney or the Attorney General shall be authorized to prosecute the civil case. Each telephone THURSDAY, MARCH 30, 2006 5549 record purchased, acquired, sold, or released and each attempt to purchase, acquire, sell, or release a telephone record constitutes a separate violation of this Code section. (d) Any violation of this Code section shall constitute a tort and shall create a right of action in the person or entity whose telephone records have been purchased, acquired, sold, or released for which damages may be recovered. Special damages may be inferred by the violation. Reasonable attorney's fees shall be awarded to the plaintiff where the plaintiff has prevailed in the underlying action. (e) No provision of this Code section shall be construed to prevent any action by a law enforcement agency or any officer, employee, or agent of a law enforcement agency to obtain the telephone records or personal identifying information of any third party who is a Georgia resident in connection with the performance of the official duties of the agency, officer, employee, or agent." SECTION 4. Code Section 43-38-11 of the Official Code of Georgia Annotated, relating to denial, revocation, or sanction of licenses and registrations, action by the Georgia Board of Private Detective and Security Agencies, and judicial review, is amended by striking the word "or" at the end of paragraph (14) of subsection (a), by striking the period at the end of paragraph (15) of subsection (a) and inserting in lieu thereof "; or", and by inserting immediately following paragraph (15) of subsection (a) a new paragraph to read as follows: "(16) Purchased, acquired, sold, or released the telephone records, as such term is defined in Code Section 46-5-210, of any third party who is a Georgia resident." SECTION 5. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by inserting at the end thereof a new article to read as follows: "ARTICLE 6. 46-5-210. (a) As used in this article, the term: (1) 'Breach of telephone records' means the unauthorized acquisition of telephone records that compromises the security, confidentiality, or integrity of that information as maintained by the telecommunications company. (2) 'End user' means any person, corporation, partnership, firm, municipality, cooperative, organization, governmental agency, building owner, or other entity provided with a telecommunications service for its own consumption and not for resale. (3) 'Notice' means: (A) Written notice; 5550 JOURNAL OF THE HOUSE (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 telecommunications company demonstrates that the cost of providing notice would exceed $250,000.00, that the affected class to be notified exceeds 500,000 individuals, or that the telecommunications company 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 telecommunications company has e-mail addresses for the individuals to be notified; (ii) Conspicuous posting of the notice on the telecommunications company's website, if the telecommunications company maintains one; and (iii) Notification to major state-wide media. (4) 'Telephone record' means information retained by a telecommunications company that relates to the telephone number dialed by the customer, the number of telephone calls directed to a customer, or other data related to the telephone calls typically contained on a customer telephone bill, such as the time the calls started and ended, the duration of the calls, the time of day the calls were made, and any charges applied. For purposes of this article, any information collected and retained by, or on behalf of, customers utilizing caller identification or other similar technology does not constitute a telephone record. 46-5-211. No telecommunications company may release the telephone records of any end user with a Georgia billing address without the express consent of the end user except with proper law enforcement or court order documentation, as otherwise allowed by law, or by an interconnection agreement that has been approved by the Public Service Commission. 46-5-212. Each telecommunications company shall provide annually to the office of the Attorney General certification that it has established operating procedures for security of telephone records that are adequate to ensure compliance with 47 U.S.C. Section 222 and any rules promulgated thereunder. 46-5-213. No provision of this article shall be construed to prohibit a telecommunications company, vendor, or supplier from obtaining, using, releasing, or permitting access to any telephone record of any end user with a Georgia billing address: (1) As otherwise authorized or permitted by law or by an interconnection agreement that has been approved by the Public Service Commission; (2) With the lawful consent of the end user or the end user's designated representative; THURSDAY, MARCH 30, 2006 5551 (3) As necessary for the provision of services and management of the network, for the protection of the rights or property of the provider, for the protection of end users, and for the protection of other telecommunications companies from fraudulent, abusive, or unlawful use of or subscription to services; (4) To a governmental entity, if the telecommunications company reasonably believes that an emergency involving the immediate danger of death or serious physical injury to any person justifies disclosure of the information; (5) To the National Center for Missing and Exploited Children, in connection with the report submitted thereto under Section 227 of the federal Victims of Child Abuse Act of 1990; (6) To the telecommunications company's affiliates, agents, suppliers, vendors, or subcontractors to provide service or billing functions; or (7) To a court or party to a legal proceeding pursuant to a court order, subpoena, notice to produce, or discovery in that proceeding. 46-5-214. (a) In the event of a breach of a telephone record concerning a Georgia resident, the telecommunications company must provide notice to the Georgia resident immediately following discovery or notification of the breach if such breach is reasonably likely to cause quantifiable harm to the Georgia resident. The notice must be made in the most expedient manner possible and without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity, security, and confidentiality of the telephone record. (b) Notwithstanding any provisions of this article to contrary, a telecommunications company 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 Code section shall be deemed to be in compliance with the notification requirements of this Code section if it notifies the individuals who are the subject of the notice in accordance with its policies in the event of a breach of the security of the system. (c) A violation of this Code section constitutes an unfair or deceptive practice in consumer transactions within the meaning of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'" 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 and adopted: 5552 JOURNAL OF THE HOUSE Representative Loudermilk of the 14th moves to amend the Committee substitute to SB 455 by inserting between lines 8 and 9 of page 6 the following: (c) The notice required by this Code section shall be delayed if a law enforcement agency informs the business that notification may impede a criminal investigation or jeopardize national or homeland security, provided that such request is made in writing or the business documents such request contemporaneously in writing, including the name of the law enforcement officer making the request and the officer's law enforcement agency engaged in the investigation. The notice required by this Code section shall be provided without unreasonable delay after the law enforcement agency communicates to the business its determination that notice will no longer impede the investigation or jeopardize national or homeland security. By striking "(c)" and inserting in its place "(d)" on line 9 of page 6. 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 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 Carter Y Crawford Y Cummings Y Davis Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D E Graves, T Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin E Maxwell Y May Y McCall McClinton Y Meadows Millar Y Mills Y Mitchell Morgan Y Morris Y Mosby Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver O'Neal Y Orrock Y Parham Y Parrish 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 Smith, V E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker THURSDAY, MARCH 30, 2006 5553 Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman, B Y Coleman, T Cooper Y Cox Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall E Hembree Henson Y Hill, C Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice 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, by substitute, as amended, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 1073. By Representatives O`Neal of the 146th, Talton of the 145th, Ray of the 136th and Floyd of the 147th: 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 Houston 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 authorize the governing authority of the counties which comprise the Houston Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for a conditional effective date; to repeal conflicting laws; and for other purposes. The Senate has passed by the requisite constitutional majority the following bills of the House: 5554 JOURNAL OF THE HOUSE HB 1417. By Representatives Ralston of the 7th, Fleming of the 117th, Mumford of the 95th and Crawford of the 127th: A BILL to be entitled an Act to amend Code Section 15-12-40 of the Official Code of Georgia Annotated, relating to compilation, maintenance, and revision of jury lists, so as to allow the Administrative Office of the Courts to assist the board of jury commissioners in compiling, maintaining, and revising the lists of trial jurors and grand jurors; to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information, so as to provide for a crossreference to the Administrative Office of the Courts receiving certain information; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1636. By Representatives Cooper of the 41st, Tumlin of the 38th, Parsons of the 42nd, Jones of the 44th, Wix of the 33rd 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 6, 2005 (Ga. L. 2005, p. 3846), 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 bill of the House: HB 1259. By Representatives Hill of the 21st, Burmeister of the 119th, Day of the 163rd and Ralston of the 7th: A BILL to be entitled an Act to amend Chapter 38 of Title 43 of the O.C.G.A., relating to private detectives and security agencies, so as to revise a definition; to revise the licensing process for private detectives and private security officers; to permit one or more individuals to qualify to hold the license for an individual, firm, association, company, partnership, limited liability company, or corporation; to provide the board with authority to promulgate rules to ensure that individuals are capable of assuming full responsibility for operations of the particular individual, firm, association, company, partnership, limited liability company, or corporation; to revise the provisions for issuing permits for carrying firearms for certain private detectives and private security officers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 30, 2006 5555 The Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the House: HB 1090. By Representatives Harbin of the 118th, Fleming of the 117th, Burmeister of the 119th and Rogers of the 26th: A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the O.C.G.A., relating to contracts for public works, and Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, so as to provide that a contractor that is more than 30 days behind in the performance of a state public works construction contract or a construction or maintenance contract with the Department of Transportation due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contract is brought current or is completed; 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: Whitehead of the 24th, Stephens of the 27th, and Pearson of the 51st. The Senate has disagreed to the House amendment to the Senate substitute to the following bill of the House: HB 1157. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th and Fleming of the 117th: 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 change certain provisions regarding income tax credits for employers providing approved retraining programs; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitute to the following bill of the Senate: SB 77. By Senators Unterman of the 45th, Hudgens of the 47th, Schaefer of the 50th, Goggans of the 7th, Shafer of the 48th and others: 5556 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 15 of the O.C.G.A., relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals, so as to provide that all abortions must be performed in certain facilities; to provide for certain reports by physicians; to provide for certain forms; to provide for certain reports by the Department of Human Resources; to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to provide for related matters; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 2215. By Representatives Ashe of the 56th and Gardner of the 57th: A RESOLUTION commending Julie Edelson; and for other purposes. HR 2216. By Representatives Geisinger of the 48th, Lewis of the 15th, Burkhalter of the 50th, Murphy of the 23rd, Forster of the 3rd and others: A RESOLUTION commending the federal government for reviewing whether the existing moratorium on offshore gas drilling should be removed; and for other purposes. HR 2217. By Representatives Geisinger of the 48th, Lewis of the 15th, Burkhalter of the 50th, Murphy of the 23rd, Forster of the 3rd and others: A RESOLUTION commending the Southern States Energy Board for its consideration of undertaking a project to inventory and study the possibility of exploring for natural gas in the coastal areas of Georgia; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having been postponed from March 27, 2006, was taken up for consideration and read the third time: SB 510. By Senators Pearson of the 51st, Balfour of the 9th, Seabaugh of the 28th, Wiles of the 37th and Rogers of the 21st: THURSDAY, MARCH 30, 2006 5557 A BILL to be entitled an Act to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to change certain provisions relating to minimum standards and procedures for protection of river corridors; to change certain provisions regarding minimum standards and procedures regarding river corridors; to provide for limitations with respect to certain stream buffers; to change certain provisions relating to uses to which provisions of certain river protection statutes are inapplicable; to change certain provisions relating to local regulation of land in drainage basins, enforcement where local regulation inadequate, and failure of governing authority to meet requirements; to change certain provisions relating to best management practices regarding land-disturbing activities; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions related to the Department of Natural Resources, so as to change certain provisions relating to minimum standards and procedures for protection of river corridors, streams, and reservoirs as part of local government comprehensive plans; to define certain terms; to provide certain exemptions from stream and water supply reservoir buffer requirements; to provide for grant of variances from stream and water supply reservoir buffer requirements under certain circumstances by the director of the Environmental Protection Division; to provide for alternative methods of protection of small water supply watersheds; to provide for applicability; to provide effective dates; 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 12 of the Official Code of Georgia Annotated, relating to general provisions related to the Department of Natural Resources, is amended in subsection (c) of Code Section 12-2-8, relating to minimum standards and procedures for protection of river corridors, streams, and reservoirs as part of local government comprehensive plans, by adding new paragraphs to read as follows: (1.1) 'Large water supply watershed' means a water supply watershed consisting of not less than 100 square miles of land area. (4) 'Small water supply watershed' means a water supply watershed consisting of less than 100 square miles of land area. (5) 'Storm-water management ordinance' means an ordinance regulating the collection, conveyance, storage, treatment, and disposal of storm-water runoff in a manner intended to prevent increased flood damage, streambank channel erosion, 5558 JOURNAL OF THE HOUSE habitat degradation, and water quality degradation and to enhance and promote the public health, safety, and general welfare. (6) 'Water supply reservoir' means a governmentally owned impoundment of water the primary purpose of which is to provide water to one or more governmentally owned public drinking water systems. Such term does not include any multipurpose reservoir owned by the United States Army Corps of Engineers. (7) 'Water supply watershed' means that portion of a watershed that is upstream of a water supply reservoir or governmentally owned public drinking water intake. SECTION 2. Said article is further amended in Code Section 12-2-8, relating to minimum standards and procedures for protection of river corridors, streams, and reservoirs as part of local government comprehensive plans, by striking subsections (b) and (d) and inserting in lieu thereof the following: (b) The department is therefore authorized to develop minimum standards and procedures, in accordance with paragraph (2) of subsection (b) of Code Section 50-87.1 and in accordance with the procedures provided in Code Section 50-8-7.2 for the promulgation of minimum standards and procedures, for the protection of the natural resources, environment, and vital areas of the state, including, but not limited to, the protection of mountains, the protection of river corridors, the protection of watersheds of streams and reservoirs which are to be used for public water supply water supply watersheds, for the protection of the purity of ground water, and for the protection of wetlands, which minimum standards and procedures shall be used by local governments in developing, preparing, and implementing their comprehensive plans as that term is defined in paragraph (3) of subsection (a) of Code Section 50-8-2. (d)(1) The minimum standards and procedures for watershed protection referred to in subsection (b) of this Code section shall specifically include, but shall not be limited to, buffer areas along streams and water supply reservoirs, land development densities, and land use activities. The department may adopt differing minimum standards and procedures of watershed protection based on the size of the watershed whether a large water supply watershed or small water supply watershed is involved, the size or flow volume of the stream or water supply reservoir, and whether or not the actual use of the municipal water supply is existing or proposed. (2)(A)(i) Nothing in such standards shall prohibit or be construed to prohibit the building of a single-family dwelling, including the usual appurtenances thereto, within that portion of a buffer area, if any, that is in addition to the minimum buffer area required under Chapter 7 of this title, the 'Erosion and Sedimentation Act of 1975,' subject to the following conditions: (I) Such dwelling must be in compliance with all other local zoning regulations; (II) A septic tank or tanks serving such dwelling may be located in said additional buffer area but the drainfield for any such tank or tanks must be outside said area; and THURSDAY, MARCH 30, 2006 5559 (III) Any such dwelling must be located on a tract containing at least two acres of land and there shall be only one such dwelling on each such two-acre or larger tract. (ii) Except as expressly provided otherwise in division (i) of this subparagraph, septic tanks and septic tank drainfields shall be prohibited within such additional buffer area. (iii) Such standards shall provide for encroachments into the additional buffer area as needed for the construction of public roads and public utility crossings of such additional buffer areas, provided that such encroachments meet all applicable requirements of Chapter 7 of this title. (B) Any minimum standards and procedures adopted by the department under subsection (b) of this Code section that provide for buffers along streams or water supply reservoirs that are in addition to those minimum buffers required by Chapter 7 of this title shall provide for a variance from such additional buffer requirements. On or before December 31, 2006, the Board of Natural Resources shall adopt rules and regulations that contain specific criteria for the grant or denial by the director of requests for variances. After such date, no variance shall be granted by the director which is not consistent with the criteria contained in such rules and regulations. Such rules and regulations shall provide, at a minimum, that the director shall consider granting a variance in the following circumstances: (i) Where a proposed land disturbing activity within the additional buffer would require the landowner to acquire a permit from the United States Army Corps of Engineers under Section 404 of the federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. Section 1344, and the Corps of Engineers has approved a mitigation plan to be implemented as a condition of such a permit; (ii) Where the landowner provides a plan satisfactory to the director that shows that, even with the proposed land disturbing activity within the additional buffer, the completed project will result in maintained or improved water quality downstream of the project; or (iii) Where a project with a proposed land disturbing activity within the additional buffer is located in or upstream and within ten linear miles of a stream segment listed as impaired under Section 303(d) of the federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. Section 1313(d) and the landowner provides a plan satisfactory to the director that shows that the completed project will result in maintained or improved water quality in such listed stream segment and that the project has no adverse impact relative to the pollutants of concern in such stream segment. All projects covered under divisions (i), (ii), and (iii) of this subparagraph shall meet all criteria set forth in rules and regulations for specific variance criteria adopted by the board by December 31, 2006. (C) In addition to complying with minimum standards and procedures for buffers along streams and water supply reservoirs in small water supply watersheds as adopted by the department under subsection (b) of this Code section that provide for 5560 JOURNAL OF THE HOUSE buffers along streams or water supply reservoirs in addition to those minimum buffers required by Chapter 7 of this title, a local government may adopt a stormwater management ordinance applicable to perennial streams in that portion of a small water supply watershed that lies within a seven mile radius upstream of a water supply reservoir or governmentally owned public drinking water intake and which ordinance is approved by the department as protecting water quality in the small water supply watershed to an extent equal to or better than that protection afforded by such minimum standards and procedures for buffers along streams and water supply reservoirs. The department shall develop a model storm-water management ordinance for local governments and shall establish standards and procedures for monitoring water quality for purposes of this subparagraph. (D)(i) This paragraph shall not apply to counties and municipalities within the Metropolitan North Georgia Water Planning District under Article 10 of Chapter 5 of this title. (ii) If any county or municipality within the area defined by paragraph (2) of Code Section 12-5-441 lies outside the Metropolitan North Georgia Water Planning District under Article 10 of Chapter 5 of this title, then the provisions of Part 6 of Article 5 of Chapter 5 of this title shall not apply to such outlying county or municipality, but the provisions of this Code section and any rules or regulations adopted thereunder shall apply to such outlying county or municipality. SECTION 3. For purposes of promulgating rules and regulations, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; for all other purposes, this Act shall become effective on July 1, 2006. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representatives Martin of the 47th, Murphy of the 23rd, and Amerson of the 9th move to amend the Committee substitute to SB 510 by striking line 31 of page 2 through line 7 of page 3 and inserting in lieu thereof the following: (2)(A)(i) Nothing in such standards shall prohibit or be construed to prohibit the building of a single-family dwelling, including the usual appurtenances thereto, within that portion of a buffer area, if any, that is in addition to the minimum buffer area required under Chapter 7 of this title, the 'Erosion and Sedimentation Act of 1975,' subject to the following conditions: (I) Such dwelling must be in compliance with all other local zoning regulations; THURSDAY, MARCH 30, 2006 5561 (II) Any septic tank serving such dwelling and any septic tank drainfield shall be outside the additional buffer area and, if a pump is used to lift the sewage from the septic tank to the drainfield, an emergency power source shall be provided for such pump; (III) Any such dwelling shall be located on a tract containing at least two acres of land and there shall be only one such dwelling on each such two-acre or larger tract; and (IV) Impervious surface area created as a result of construction of the residence within the additional buffer area on the tract shall be limited to no more than 30 percent of the total tract area lying within the required buffer areas. (ii) Reserved. The following amendment was read: Representative Martin of the 47th et al. move to amend the Martin amendment to the Committee substitute to SB 510 by striking lines 2 through 21 on page 1 of said amendment and inserting in lieu thereof the following: Amend the House Committee on Natural Resources and Environment substitute to SB 510 by striking lines 1 through 10 of page 1 and inserting in lieu thereof the following: To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for matters relative to protection of streams, rivers, water supply watersheds, and reservoirs; to change certain provisions relating to minimum standards and procedures for protection of river corridors, streams, and reservoirs as part of local government comprehensive plans; to define certain terms; to provide certain exemptions from stream and water supply reservoir buffer requirements; to provide for grant of variances from stream and water supply reservoir buffer requirements under certain circumstances by the director of the Environmental Protection Division; to provide for alternative methods of protection of small water supply watersheds; to provide for applicability; to restrict issuance of permits for certain municipal solid waste landfills located within a certain vicinity of governmentally owned public water supply reservoirs; to provide effective dates; to repeal conflicting laws; and for other purposes. By striking lines 13 and 14 of page 1 and inserting in lieu thereof the following: Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in subsection By striking line 8 of page 2 and inserting in lieu thereof the following: Said title is further amended in Code Section 12-2-8, relating to minimum standards and 5562 JOURNAL OF THE HOUSE By striking line 31 of page 2 through line 7 of page 3 and inserting in lieu thereof the following: (2)(A)(i) Nothing in such standards shall prohibit or be construed to prohibit the building of a single-family dwelling, including the usual appurtenances thereto, within that portion of a buffer area, if any, that is in addition to the minimum buffer area required under Chapter 7 of this title, the 'Erosion and Sedimentation Act of 1975,' subject to the following conditions: (I) Such dwelling must be in compliance with all other local zoning regulations; (II) Any septic tank serving such dwelling and any septic tank drainfield shall be outside the additional buffer area and, if a pump is used to lift the sewage from the septic tank to the drainfield, an emergency power source shall be provided for such pump; (III) Any such dwelling shall be located on a tract containing at least two acres of land and there shall be only one such dwelling on each such two-acre or larger tract; and (IV) Impervious surface area created as a result of construction of the residence within the additional buffer area on the tract shall be limited to no more than 30 percent of the total tract area lying within the required buffer areas. (ii) As to common plans of development or sale, division (i) of this subparagraph shall apply only if five or fewer lots or parcels within such larger common plan of development or sale are subject to said division. By striking line 22 of page 4 and inserting in lieu thereof the following: this title; nor shall this paragraph apply within any of the Atlantic coastal counties of this state, which include Chatham, Bryan, Liberty, McIntosh, Glynn, and Camden counties. By redesignating Sections 3 and 4 as Sections 4 and 5, respectively. By inserting after Section 2 the following: SECTION 3. Said title is further amended by adding a new Code section to read as follows: "12-8-25.6. No permit shall be issued for any new private or governmentally owned municipal solid waste landfill if upon review of the application for such permit it is determined that any part of the site for such facility is in the same watershed within a seven mile radius arc upstream of a governmentally owned public water supply reservoir." By striking lines 30 through 32 of page 4 and inserting in lieu thereof the following: THURSDAY, MARCH 30, 2006 5563 (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) Sections 1 and 2 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval for purposes of promulgating rules and regulations; for all other purposes, Sections 1 and 2 of this Act shall become effective on July 1, 2006. On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard N Barnes N Bearden N Beasley-Teague N Benfield N Benton Y Black 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 Y Carter N Casas Y Chambers N Channell N Cheokas Y Coan N Cole E Coleman, B N Coleman, T N Cooper Y Cox Y Crawford N Cummings Y Davis Y Day N Dean Y Dickson Y Dodson N Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson 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 N Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes N Holt Y Horne N Houston N Howard, E N 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 N Keown N Kidd Y Knight Y Knox N Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Manning N Marin Y Martin E Maxwell Y May Y McCall McClinton Y Meadows Y Millar N Mills N Mitchell N Morgan Y Morris N Mosby N Mosley N Mumford Y Murphy, J N Murphy, Q Y Neal Oliver Y O'Neal N Orrock N Parham N Parrish 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 Sailor Y Scheid N Scott, A Y Scott, M Y Setzler N Shaw Sheldon N Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R N Smith, T Y Smith, V E Smyre N Stanley-Turner Y Stephens N Stephenson N Talton N Teilhet 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 N Wix Y Yates Richardson, Speaker On the adoption of the amendment, the ayes were 79, nays 88. 5564 JOURNAL OF THE HOUSE The amendment was lost. Representative Martin of the 47th moved that the House reconsider its action in failing to adopt the Martin amendment to the Martin amendment. 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 N 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 Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers N Channell N Cheokas Y Coan Y Cole E Coleman, B N Coleman, T Cooper Y Cox Y Crawford N Cummings Y Davis Y Day N Dean N Dickson Y Dodson N Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson 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 Y Hanner Y Harbin N Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne N Houston N Howard, E N Hudson N Hugley N Jackson N Jacobs N James N Jamieson Y Jenkins N Jennings N Johnson Jones, J N Jones, S N Jordan Y Keen N Keown N Kidd Y Knight Y Knox N 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 E Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Mosley N Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell Y Ralston N Randall Ray N Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scheid N Scott, A Y Scott, M Y Setzler N Shaw Sheldon N Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R N Smith, T Y Smith, V E Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet Thomas, A.M N Thomas, B Y Tumlin N Walker N Warren N Watson N Wilkinson Willard N Williams, A N Williams, E N Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 81, nays 86. The motion was lost. On the adoption of the Martin amendment, the roll call was ordered and the vote was as follows: THURSDAY, MARCH 30, 2006 5565 N Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard N Barnes N Bearden N Beasley-Teague N Benfield N Benton Y Black 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 Y Carter Y Casas Y Chambers N Channell N Cheokas Y Coan Y Cole E Coleman, B N Coleman, T N Cooper N Cox N Crawford N Cummings Y Davis Y Day N Dean Y Dickson Y Dodson N Dollar N Drenner N Dukes Y Ehrhart Y England N Epps N Everson Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T N Greene Y Hanner Y Harbin N Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes N Holt Y Horne N Houston N Howard, E N 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 N Kidd Y Knight Y Knox N Lakly N Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin E Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Mosley N Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock N Parham N Parrish 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 N Royal N Rynders N Sailor N Scheid N Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon N Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R N Smith, T Y Smith, V E Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet Thomas, A.M N Thomas, B Y Tumlin Walker N Warren N Watson Y Wilkinson Willard Y Williams, A N Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the adoption of the amendment, the ayes were 76, nays 94. The amendment was lost. The following amendments were read and adopted: Representative Crawford of the 127th et al. move to amend the Committee substitute to SB 510 as follows: Add New Section 3 Any parcel or tract of property which after enactment of the additional buffer has been declared, shall be reappraised for the determination of ad valorem taxation value, prior to any tax digest being submitted for approval. 5566 JOURNAL OF THE HOUSE Renumber all other sections accordingly. Representative Williams of the 165th moves to amend the Committee substitute to SB 510 by striking line 22 of page 4 and inserting in lieu thereof the following: this title; nor shall this paragraph apply within any of the Atlantic coastal counties of this state, which include Chatham, Bryan, Liberty, McIntosh, Glynn, and Camden counties. The Committee substitute, as amended, was adopted. Representative Martin of the 47th moved that SB 510 be placed upon the table. 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 N 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 Y Burns N Butler Y Byrd Y Carter Y Casas N Chambers N Channell N Cheokas Y Coan Y Cole E Coleman, B N Coleman, T N Cooper Y Cox N Crawford Y Cummings Y Davis N Day N Dean Y Dickson Y Dodson N Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin Y Freeman Gardner N Geisinger N Golick Y Graves, D Y Graves, T N Greene Y Hanner Y Harbin N Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt N Horne N Houston N Howard, E N Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins N Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox N Lakly Y Lane, B Y Lane, R N Lewis N Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin E Maxwell Y May Y McCall McClinton Y Meadows N Millar N Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley N Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver N O'Neal N Orrock N Parham N Parrish N Parsons N Porter N Powell Y Ralston N Randall N Ray N Reece, B N Reece, S Y Reese Rice Y Roberts N Rogers Y Royal N Rynders N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon N Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre N Stanley-Turner Y Stephens N Stephenson N Talton N Teilhet Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson N Wilkinson N Willard N Williams, A N Williams, E Y Williams, R N Wix N Yates Richardson, Speaker THURSDAY, MARCH 30, 2006 5567 On the motion, the ayes were 71, nays 101. The motion failed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Amerson N Anderson N Ashe N Barnard N Barnes N Bearden N Beasley-Teague N Benfield N Benton Y Black N Bordeaux N Borders Y Bridges N Brooks N Brown N Bruce N Bryant N Buckner, D N Buckner, G Burkhalter N Burmeister N Burns N Butler Byrd Y Carter N Casas N Chambers N Channell N Cheokas Coan N Cole E Coleman, B N Coleman, T N Cooper N Cox N Crawford N Cummings Y Davis N Day N Dean N Dickson Y Dodson N Dollar N Drenner N Dukes N Ehrhart N England N Epps N Everson N Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Freeman N Gardner N Geisinger N Golick Y Graves, D Y Graves, T N Greene N Hanner N Harbin N Hatfield N Heard, J N Heard, K N Heckstall N Hembree N Henson Y Hill, C N Hill, C.A N Holmes N Holt N Horne N Houston N Howard, E N Hudson N Hugley N Jackson N Jacobs N James N Jamieson Y Jenkins N Jennings N Johnson Jones, J N Jones, S N Jordan Keen N Keown N Kidd N Knight N Knox N Lakly N Lane, B N Lane, R Y Lewis N Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham N Manning N Marin N Martin E Maxwell Y May Y McCall McClinton N Meadows N Millar N Mills N Mitchell N Morgan Y Morris N Mosby N Mosley N Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver N O'Neal N Orrock N Parham N Parrish N Parsons N Porter N Powell Y Ralston N Randall N Ray N Reece, B Y Reece, S N Reese Rice Y Roberts Y Rogers N Royal N Rynders N Sailor N Scheid N Scott, A Y Scott, M N Setzler N Shaw N Sheldon N Sims, C N Sims, F N Sinkfield Y Smith, B N Smith, L N Smith, P Y Smith, R N Smith, T Y Smith, V E Smyre N Stanley-Turner Y 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 On the passage of the Bill, by substitute, as amended, the ayes were 30, nays 139. The Bill, having failed to receive the requisite constitutional majority, was lost. 5568 JOURNAL OF THE HOUSE Representative Jones of the 46th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon. Representatives Lewis of the 15th and Morris of the 155th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the House: HB 1211. By Representatives Reese of the 98th, Lane of the 158th, Ralston of the 7th, Holt of the 112th, Crawford of the 127th 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 the Southern Appalachian brook trout as the official state cold water game fish; to provide for legislative findings; 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: Smith of the 52nd, Tolleson of the 20th, and Mullis of the 53rd. The Senate has agreed to the House substitutes to 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 462. By Senators Carter of the 13th, Kemp of the 46th, Hamrick of the 30th, Mullis of the 53rd and Miles of the 43rd: 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 for sheriffs, so as to place courthouse security under the authority of the sheriff; to require a courthouse security plan which shall be subject to the approval of the THURSDAY, MARCH 30, 2006 5569 chief superior court judge; to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to remove courthouses and jails from the list of properties protected; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 525. By Senator Williams of the 19th: A BILL to be entitled an Act to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change certain provisions regarding the issuance of tax executions by tax collectors and tax commissioners; to provide for a definition; to provide for procedures; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 533. By Senators Bulloch of the 11th, Smith of the 52nd and Hamrick of the 30th: A BILL to be entitled an Act to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to revise the statutory living will form; 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. The Senate has passed by the requisite constitutional majority the following bill of the House: HB 1528. By Representative Jamieson of the 28th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Banks County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over, approved April 13, 2001 (Ga. L. 2001, p. 4130), so as to increase the amount of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. 5570 JOURNAL OF THE HOUSE The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1157. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th and Fleming of the 117th: 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 change certain provisions regarding income tax credits for employers providing approved retraining programs; to provide for definitions; 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. Representative Burkhalter of the 50th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1157 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 Burkhalter of the 50th, Lewis of the 15th, and O'Neal of the 146th. HB 1372. By Representative Harbin of the 118th: A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide for the introduction and consideration of bills impacting the state health benefit plans; to provide for related matters; 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 1372 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. THURSDAY, MARCH 30, 2006 5571 The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Harbin of the 118th, Channell of the 116th, and Graves of the 12th. The Speaker announced the House in recess until 7:30 P.M. o'clock this evening. The Speaker called the House to order. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House: HB 1380. By Representatives Graves of the 12th, McCall of the 30th, Roberts of the 154th, Ray of the 136th, Black of the 174th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to redefine a term; to provide certain exemptions from laws relating to adulteration and misbranding of food; to provide certain exemptions from laws relating to food service establishments; to repeal conflicting laws; and for other purposes. HB 1385. By Representatives Heard of the 104th, Ehrhart of the 36th, Coan of the 101st, Dodson of the 75th and Forster of the 3rd: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the O.C.G.A., relating to state building, plumbing, and electrical codes, so as to provide for the employment of private professional providers to perform building plan reviews and inspections when the local jurisdiction cannot timely perform such services; to provide a definition; to provide for the qualifications of such persons; to provide for the manner of such reviews and inspections; to provide for certain insurance requirements; to provide for the manner of submitting reports; to amend Chapter 2 of Title 25 of the O.C.G.A., relating to regulation of fire and other hazards to persons and property generally, so as to provide for the employment of private professional providers to perform building plan reviews when the state fire marshal, local fire marshal, or state inspector cannot timely perform such services; to provide for other related matters; to repeal conflicting laws; and for other purposes. 5572 JOURNAL OF THE HOUSE The following Resolutions of the House were read: HR 2218. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Evangela Dawsey Jones on being named the International Studies Elementary Magnet School Teacher of the Year; and for other purposes. HR 2219. By Representatives Barnard of the 166th, Coleman of the 144th, Richardson of the 19th, Lane of the 158th, Parrish of the 156th and others: A RESOLUTION commending Honorable Hinson Mosley; and for other purposes. HR 2220. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Nekiela Wilson on being named the Sherwood Acre Elementary School Teacher of the Year; and for other purposes. HR 2221. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Katrina Parker Caldwell on being named the Sylvester Road Elementary School Teacher of the Year; and for other purposes. HR 2222. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Alfreda D. Williams on being named the Radium Springs Elementary School Teacher of the Year; and for other purposes. HR 2223. By Representative Dukes of the 150th: A RESOLUTION commending Mr. Andrew Sadler on being named the Radium Springs Middle Magnet School of the Arts Teacher of the Year; and for other purposes. HR 2224. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Tesharra C. Stephens on being named the Merry Acres Middle School Teacher of the Year; and for other purposes. THURSDAY, MARCH 30, 2006 5573 HR 2225. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Jacquelyn Thona Smith Cuffie on being named the Wet Town Elementary School Teacher of the Year; and for other purposes. HR 2226. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Nakia Denise Parks on being named the International Education Middle School Teacher of the Year; and for other purposes. HR 2227. By Representative Dukes of the 150th: A RESOLUTION commending Ms. DeShonda F. Smith on being named the Albany Middle School Teacher of the Year; and for other purposes. HR 2228. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Rhonda Dent Cobb on being named the Albany High School Teacher of the Year; and for other purposes. HR 2229. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Evangela Dawsey Jones on being named the Dougherty County Teacher of the Year; and for other purposes. HR 2230. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Rhonda Dent Cobb on being named the Dougherty County Teacher of the Year; and for other purposes. HR 2231. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Debra Dianne Dorough Mowery on being named the Dougherty County Teacher of the Year; and for other purposes. HR 2232. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Dorothy L. Lewis on being named the Dougherty County Teacher of the Year; and for other purposes. 5574 JOURNAL OF THE HOUSE HR 2233. By Representatives Thomas of the 55th, Ashe of the 56th, Jones of the 44th, Marin of the 96th, Holmes of the 61st and others: A RESOLUTION recognizing and commending Dr. Lynda Darnell Woodruff; and for other purposes. HR 2234. By Representatives Thomas of the 55th, Ashe of the 56th, Jones of the 44th, Marin of the 96th, Holmes of the 61st and others: A RESOLUTION honoring Christine Lowe Glass; and for other purposes. HR 2235. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Tiffaney S. Randle on being named the Northside Elementary School Teacher of the Year; and for other purposes. HR 2236. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Kesha Thomas Butler on being named the Morningside Elementary School Teacher of the Year; and for other purposes. HR 2237. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Keva Veronica Harris on being named the Martin Luther King, Jr., Elementary School Teacher of the Year; and for other purposes. HR 2238. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Christie Leigh Willis on being named the Magnolia Elementary School Teacher of the Year; and for other purposes. HR 2239. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Loretta T. Shorter on being named the Lincoln Elementary Magnet School Teacher of the Year; and for other purposes. HR 2240. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Suzanne Bridges on being named the THURSDAY, MARCH 30, 2006 5575 Lamar Reese Magnet School of the Arts Teacher of the Year; and for other purposes. HR 2241. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Donna Lynn Gleaton on being named the Lake Park Elementary School Teacher of the Year; and for other purposes. HR 2242. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Dawn Michele Whitaker on being named the Jackson Heights Elementary School Teacher of the Year; and for other purposes. HR 2243. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Carol Jones Price on being named the Turner Elementary School Teacher of the Year; and for other purposes. HR 2244. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Anne Lewis Pate on being named the Westover High School Teacher of the Year; and for other purposes. HR 2245. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Donna Lynn Gleaton on being named the Dougherty County Teacher of the Year; and for other purposes. HR 2246. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Diane Denise George on being named the Alice Coachman Elementary School Teacher of the Year; and for other purposes. HR 2247. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Robyn Bailey Cawthon on being named the Dougherty County Teacher of the Year; and for other purposes. HR 2248. By Representative Dukes of the 150th: 5576 JOURNAL OF THE HOUSE A RESOLUTION commending Ms. Carol Jones Price on being named the Dougherty County Teacher of the Year; and for other purposes. HR 2249. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Nekiela Wilson on being named the Dougherty County Teacher of the Year; and for other purposes. HR 2250. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Robyn Bailey Cawthon on being named the South Georgia Regional Achievement Center Teacher of the Year; and for other purposes. HR 2251. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Angela Yvonne James on being named the Monroe High School Teacher of the Year; and for other purposes. HR 2252. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Dorothy L. Lewis on being named the Dougherty High School Teacher of the Year; and for other purposes. HR 2253. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Zeporia Christine Gilmore-Bass on being named the Southside Middle School Teacher of the Year; and for other purposes. HR 2254. By Representative Dukes of the 150th: A RESOLUTION commending Ms. Debra Dianne Dorough Mowery on being named the Robert A. Cross Middle Magnet School Teacher of the Year; and for other purposes. HR 2255. By Representative Powell of the 29th: A RESOLUTION commending Mr. James Edward Weaver; and for other purposes. HR 2256. By Representative Powell of the 29th: THURSDAY, MARCH 30, 2006 5577 A RESOLUTION commending Mr. George Bennett; and for other purposes. HR 2257. By Representative Jenkins of the 8th: A RESOLUTION congratulating Mr. and Mrs. Charles Lewis Church on the occasion of their 75th wedding anniversary; and for other purposes. HR 2258. By Representative Burns of the 157th: A RESOLUTION remembering Dr. Willie Grier Todd for her contributions to the community of Guyton, Georgia; and for other purposes. HR 2259. By Representative Rice of the 51st: A RESOLUTION commending the Norcross Blue Devils on a championship season; and for other purposes. HR 2260. By Representative Smith of the 168th: A RESOLUTION remembering and honoring the life of Mr. Charles Davis; and for other purposes. HR 2261. By Representative Smith of the 168th: A RESOLUTION commending Greg Amburgy on his service as a legislative intern; and for other purposes. HR 2262. By Representatives Buckner of the 76th, Ashe of the 56th, Thomas of the 55th, Jones of the 44th, Benfield of the 85th and others: A RESOLUTION honoring the 2006 Georgia Women's Intersport Network (GA-WIN) award winners; and for other purposes. HR 2263. By Representative Smith of the 129th: A RESOLUTION celebrating the life and accomplishments of Robert R. King and expressing condolences upon his passing; and for other purposes. HR 2264. By Representatives Buckner of the 76th, Barnes of the 78th and Dodson of the 75th: A RESOLUTION honoring the life of Gary Hendricks; and for other purposes. 5578 JOURNAL OF THE HOUSE HR 2265. By Representative Smith of the 129th: A RESOLUTION celebrating the life and accomplishments of James Larry Cook and expressing condolences upon his passing; and for other purposes. HR 2266. By Representative Cole of the 125th: A RESOLUTION commending the Hubbard Alumni Association; and for other purposes. HR 2267. By Representatives Murphy of the 120th and Howard, E. of the 121st: A RESOLUTION honoring Barbara Thurmond for her commitment to helping victims of violent crimes; and for other purposes. HR 2268. By Representatives Jackson of the 161st and Watson of the 91st: A RESOLUTION commending Leticia Clark on being named Legislative Intern of the Year by the Georgia Legislative Black Caucus; and for other purposes. HR 2269. By Representative Drenner of the 86th: A RESOLUTION commending Mary K. Brittain, D.C.; and for other purposes. HR 2270. By Representative Davis of the 109th: A RESOLUTION commending the Henry County High School Naval JROTC Air Rifle Team; and for other purposes. HR 2271. By Representatives Buckner of the 76th, Stanley-Turner of the 53rd, Gardner of the 57th, Manning of the 32nd, Ashe of the 56th and others: A RESOLUTION commending the first members of the Georgia Commission on Women; and for other purposes. HR 2272. By Representatives Stephens of the 164th and Carter of the 159th: A RESOLUTION commending Kyle Merritt on becoming an Eagle Scout; and for other purposes. THURSDAY, MARCH 30, 2006 5579 HR 2273. By Representatives Buckner of the 76th, Barnes of the 78th and Dodson of the 75th: A RESOLUTION commending Fatma Y El-Nahry; and for other purposes. HR 2274. By Representatives Buckner of the 76th, Barnes of the 78th and Dodson of the 75th: A RESOLUTION commending Todd Mason; and for other purposes. HR 2275. By Representatives Buckner of the 76th, Barnes of the 78th and Dodson of the 75th: A RESOLUTION commending Ashley Winsor; and for other purposes. HR 2276. By Representatives Buckner of the 76th, Barnes of the 78th and Dodson of the 75th: A RESOLUTION commending Daniel Carl; and for other purposes. HR 2277. By Representatives Buckner of the 76th, Barnes of the 78th and Dodson of the 75th: A RESOLUTION commending Jalisa Holmes; and for other purposes. HR 2278. By Representatives Buckner of the 76th, Barnes of the 78th and Dodson of the 75th: A RESOLUTION commending Marla Smith; and for other purposes. HR 2279. By Representatives Buckner of the 76th, Barnes of the 78th and Dodson of the 75th: A RESOLUTION commending Cam Tu Nguyen; and for other purposes. HR 2280. By Representatives Buckner of the 76th, Barnes of the 78th and Dodson of the 75th: A RESOLUTION congratulating the Jonesboro High School mock trial team on winning the Georgia Mock Trial Competition; and for other purposes. HR 2281. By Representatives Buckner of the 76th, Barnes of the 78th and Dodson of the 75th: 5580 JOURNAL OF THE HOUSE A RESOLUTION commending Steve Price; and for other purposes. HR 2282. By Representatives Buckner of the 76th, Orrock of the 58th, Hugley of the 133rd, Stanley-Turner of the 53rd and Reece of the 11th: A RESOLUTION commending the Georgia Commission on Women; and for other purposes. HR 2283. By Representatives Buckner of the 76th, Manning of the 32nd, Benfield of the 85th, Ashe of the 56th, Thomas of the 55th and others: A RESOLUTION honoring Dr. Bettye McClendon upon her induction into the Georgia Sports Hall of Fame; and for other purposes. HR 2284. By Representative Hatfield of the 177th: A RESOLUTION remembering and honoring the life of Jean Dean Oxford McQuaig; and for other purposes. HR 2285. By Representative Hatfield of the 177th: A RESOLUTION welcoming the attendees of the 141st Session of the Georgia Annual Conference at Greater Mount Zion A.M.E. Church; and for other purposes. HR 2286. By Representatives Buckner of the 76th, Barnes of the 78th and Dodson of the 75th: A RESOLUTION commending Christina Chu; and for other purposes. HR 2287. By Representative Mosley of the 178th: A RESOLUTION congratulating Mrs. Imogene Campbell Hatfield on the occasion of her 70th birthday; and for other purposes. HR 2288. By Representative Hatfield of the 177th: A RESOLUTION commending Malmar Agarwal on his selection as the STAR student for Ware County; and for other purposes. HR 2289. By Representatives Burkhalter of the 50th, Parrish of the 156th, Hanner of the 148th, Greene of the 149th, Richardson of the 19th and others: THURSDAY, MARCH 30, 2006 5581 A RESOLUTION honoring and expressing appreciation to House Speaker Emeritus Terry Coleman; and for other purposes. HR 2290. By Representative Buckner of the 76th: A RESOLUTION commending Jonathan Saethang; and for other purposes. HR 2291. By Representative Horne of the 71st: A RESOLUTION honoring and celebrating Mrs. Lillie Mae Elder on the grand occasion of her 80th birthday; and for other purposes. HR 2292. By Representatives Buckner of the 76th, Barnes of the 78th and Dodson of the 75th: A RESOLUTION commending Joe Oliver; and for other purposes. HR 2293. By Representatives Mangham of the 94th and Mitchell of the 88th: A RESOLUTION commending Ms. Yvonne Mitchell on being named the Wynbrooke Elementary School Teacher of the Year; and for other purposes. HR 2294. By Representatives Mangham of the 94th and Sailor of the 93rd: A RESOLUTION commending Ms. Rhonda Neal on being named the Murphy Candler Elementary School Teacher of the Year; and for other purposes. HR 2295. By Representatives Buckner of the 76th, Manning of the 32nd, Benfield of the 85th, Ashe of the 56th, Thomas of the 55th and others: A RESOLUTION honoring the past presidents of the Georgia Women's Intersport Network (GA-WIN); and for other purposes. HR 2296. By Representatives Buckner of the 76th, Manning of the 32nd, Benfield of the 85th, Ashe of the 56th, Thomas of the 55th and others: A RESOLUTION honoring the Kinship Care Resource Center; and for other purposes. HR 2297. By Representative Golick of the 34th: 5582 JOURNAL OF THE HOUSE A RESOLUTION commending Mr. Arthur Lyons Crowe, Jr., on being named the 2005 Smyrna Citizen of the Year; and for other purposes. HR 2298. By Representative Smith of the 168th: A RESOLUTION commending Mrs. Lee Hatfield on being selected as the Ware County High School STAR teacher; and for other purposes. HR 2299. By Representatives Buckner of the 76th, Barnes of the 78th and Dodson of the 75th: A RESOLUTION commending Charles Battles; and for other purposes. HR 2300. By Representatives Buckner of the 76th, Barnes of the 78th and Dodson of the 75th: A RESOLUTION commending Kelsey Holden; and for other purposes. HR 2301. By Representatives Buckner of the 76th, Barnes of the 78th and Dodson of the 75th: A RESOLUTION commending Andrea Bankston; and for other purposes. HR 2302. By Representatives Buckner of the 76th, Barnes of the 78th and Dodson of the 75th: A RESOLUTION commending Roger Kirby; and for other purposes. HR 2303. By Representatives Thomas of the 55th, Sinkfield of the 60th, Dean of the 59th, Mitchell of the 88th and Heckstall of the 62nd: A RESOLUTION honoring Norman A. Woodard; and for other purposes. HR 2304. By Representative Hatfield of the 177th: A RESOLUTION expressing regret at the passing of Judge James Edwin Peavy, Sr.; and for other purposes. HR 2305. By Representative Hatfield of the 177th: A RESOLUTION in memory of and honoring the life and service of Sergeant Chad Michael Mercer; and for other purposes. THURSDAY, MARCH 30, 2006 5583 HR 2306. By Representative Hatfield of the 177th: A RESOLUTION commending and recognizing Tori Strickland on earning the Girl Scouts of America Gold Award; and for other purposes. HR 2307. By Representatives Golick of the 34th, Roberts of the 154th, Smith of the 129th, Willard of the 49th and Fleming of the 117th: A RESOLUTION recognizing the commending Mr. Jud Turner for his hard work during the 2006 legislative session; and for other purposes. HR 2308. By Representative Hatfield of the 177th: A RESOLUTION honoring the memory of Naomi T. Strickland and expressing regret at her passing; and for other purposes. HR 2309. By Representative Smith of the 113th: A RESOLUTION commemorating the 200th anniversary of the incorporation of the City of Watkinsville; and for other purposes. HR 2310. By Representative Hatfield of the 177th: A RESOLUTION commending Ms. Debbie Dixon on being selected as the Ware County STAR teacher; and for other purposes. HR 2311. By Representative Buckner of the 76th: A RESOLUTION commending Lawrence Webb; and for other purposes. HR 2312. By Representative Buckner of the 76th: A RESOLUTION commending Kidada Brown; and for other purposes. HR 2313. By Representatives Buckner of the 76th, Barnes of the 78th and Dodson of the 75th: A RESOLUTION commending Linda Harris; and for other purposes. HR 2314. By Representatives Buckner of the 76th, Barnes of the 78th and Dodson of the 75th: A RESOLUTION commending Leslie Le; and for other purposes. 5584 JOURNAL OF THE HOUSE HR 2315. By Representatives Buckner of the 76th, Barnes of the 78th and Dodson of the 75th: A RESOLUTION commending Major John Kenty; and for other purposes. HR 2316. By Representative Golick of the 34th: A RESOLUTION remembering and honoring the life of Mr. Brian Downs Callaham; and for other purposes. HR 2317. By Representative Hatfield of the 177th: A RESOLUTION remembering and honoring the life of Mr. Perry O. Herrin, Sr.; and for other purposes. HR 2318. By Representative Hatfield of the 177th: A RESOLUTION commending Jim Rivers on his selection as the STAR student for Ware County High School; and for other purposes. HR 2319. By Representative Hatfield of the 177th: A RESOLUTION honoring the memory of Holly Nicole Preston and expressing regret at her passing; and for other purposes. HR 2320. By Representative Hatfield of the 177th: A RESOLUTION expressing regret at the passing of Kenneth Jason "Ken" Bennett; and for other purposes. HR 2321. By Representative Hatfield of the 177th: A RESOLUTION honoring the memory of Annie Mae Joyner Tonning and expressing regret at her passing; and for other purposes. On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Anderson Ashe Y Barnard Y Barnes Y Crawford Cummings Y Davis Y Day Dean Y Dickson Hill, C.A Holmes Y Holt Y Horne Houston Howard, E Martin Y Maxwell Y May Y McCall McClinton Y Meadows Sailor Scheid Y Scott, A E Scott, M Y Setzler Shaw THURSDAY, MARCH 30, 2006 5585 Y Bearden Beasley-Teague Benfield Y Benton Black Bordeaux Borders Y Bridges Y Brooks Brown Bruce Y Bryant Y Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Casas Chambers Y Channell Y Cheokas Coan Cole E Coleman, B Coleman, T Cooper Y Cox Y Dodson Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Everson Y Fleming Floyd, H Y Floyd, J Y Fludd Y Forster Franklin Y Freeman Gardner Geisinger Golick Y Graves, D Graves, T Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall E Hembree Henson Y Hill, C Y Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Johnson 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 Lindsey Lord Y Loudermilk Lucas Y Lunsford Maddox Mangham Manning Y Marin Y Millar Mills Y Mitchell Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Y Oliver Y O'Neal Orrock Y Parham Y Parrish Y Parsons Porter Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Reese Rice Roberts Y Rogers Y Royal Rynders Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Smith, L Smith, P Y Smith, R Y Smith, T Smith, V E Smyre Stanley-Turner Y Stephens Stephenson Y Talton Teilhet Thomas, A.M Y Thomas, B Tumlin Walker Y Warren Y Watson Y Wilkinson Willard Williams, A Williams, E Williams, R Wix Y Yates Richardson, Speaker On the adoption of the Resolutions, the ayes were 96, nays 0. The Resolutions were adopted. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1290. By Representatives Hill of the 180th, Lewis of the 15th, Lane of the 167th and Lane of the 158th: A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit the intentional sale or fraudulent transfer or use of the records of a customer of a telephone service provider; to provide a short title; to provide for a fine, imprisonment of not more than ten years, or both; to exempt law enforcement agencies; to provide definitions; to provide a legislative purpose; to provide for related matters; to repeal conflicting laws; and for other purposes. 5586 JOURNAL OF THE HOUSE The following Senate substitute was read: A BILL To amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating telephone and telegraph services, so as to provide that the unauthorized sale or use of telephone records of a customer is unlawful and constitutes a felony; to provide a short title; to provide a penalty; to provide for certain exemptions including the actions of law enforcement agencies; 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. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph services, is amended by adding a new Article 6 to read as follows: ARTICLE 6 46-5-200. This article shall be known and may be cited as the 'Georgia Telephone Records Protection Act.' 46-5-201. As used in this article, the term: (1) 'Procure' means to obtain by any means, whether electronically or in writing or in oral form, with or without consideration. (2) 'Telephone' means any device used by a person for voice communications in connection with the services of a voice service provider, whether such voice communications are transmitted in analog, data, or any other form. (3) 'Telephone record' means information retained by a voice service provider that relates to a telephone number dialed by the customer or the incoming telephone numbers of calls directed to a customer or other data related to telephone calls typically contained on a customer telephone bill, such as the time the call started and ended, the duration of the call, the time of day the call was made, and any charges applied. For purposes of this article, any information collected and retained by, or on behalf of, customers utilizing caller identification or other similar technology does not constitute a telephone record. (4) 'Voice service provider' means any person, firm, partnership, corporation, association, or municipal, county, or local governmental entity that provides telephone services to a customer, irrespective of the communications technology used to provide such service, including, but not limited to, traditional wireline or cable telephone service; cellular, broadband personal communications service, or other THURSDAY, MARCH 30, 2006 5587 wireless telephone service; microwave, satellite, or other terrestrial telephone service; and voice over Internet protocol service. 46-5-202. (a) It shall be a felony, punishable by a fine of not more than $250,000.00, imprisonment for not more than ten years, or both, for a person to do any of the following acts: (1) To knowingly procure, attempt to procure, solicit, or conspire with another to procure a telephone record of any resident or business of this state without the authorization of the customer to whom the record pertains or by fraudulent, deceptive, or false means; (2) To knowingly sell, or attempt to sell, a telephone record of any resident or business of this state without the authorization of the customer to whom the record pertains; or (3) To receive a telephone record of any resident or business of this state knowing that the record has been obtained without the authorization of the customer to whom the record pertains or by fraudulent, deceptive, or false means. 46-5-203. No provision of this article shall be construed so as to prevent any action by a law enforcement agency or any officer or agent of the agency, under color of law, to obtain telephone records in connection with the performance of the official duties of the agency. 46-5-204. (a) No provision of this article shall be construed to prohibit a voice service provider from obtaining, using, disclosing, or permitting access to any telephone record, either directly or indirectly through its agents, vendors, or suppliers, in any of the following circumstances: (1) As otherwise authorized or permitted by law, including, but not limited to, the sharing of the records with its affiliates or pursuant to the terms of an interconnection agreement or other contractual agreement between voice service providers; (2) With the consent or approval of the customer or subscriber; (3) As may be reasonably incident to the rendition of the service or to the protection of the rights or property of the provider of that service or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of or subscription to the services; (4) To give access to a governmental entity, if the voice service provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information; (5) To give access to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under Section 227 of the federal Victims of Child Abuse Act of 1990, 42 U.S.C. Section 13032; or 5588 JOURNAL OF THE HOUSE (6) Pursuant to a court order or pursuant to a subpoena, discovery request, or notice to produce properly served by any party in a civil action, administrative proceeding, or criminal proceeding. (b) The provisions of this article shall not apply to a voice service provider, its employees, agents, or representatives who reasonably and in good faith act pursuant to the provisions of subsection (a) of this Code section, notwithstanding any later determination that the act was not authorized. 46-5-205. No private right of action is authorized pursuant to 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. Representative Hill of the 180th moved that the House agree to the Senate substitute to HB 1290. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Benfield Y Benton Black Y Bordeaux Borders Y Bridges Y Brooks Brown Bruce Y Bryant Y Buckner, D Buckner, G Burkhalter Burmeister Y Burns Y Butler Y Byrd Y Carter Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Epps Everson Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger Golick Y Graves, D Graves, T Y Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Johnson Y Jones, J Jones, S Jordan Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar E Mills Y Mitchell Morgan Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver O'Neal Y Orrock Y Parham Parrish Y Parsons Porter Powell Y Ralston Y Sailor Scheid Y Scott, A E Scott, M Y Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Smith, B Smith, L Y Smith, P Y Smith, R Y Smith, T Smith, V E Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker THURSDAY, MARCH 30, 2006 5589 Casas Y Chambers Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Lewis Lindsey Lord Loudermilk Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Randall Y Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 113, nays 0. 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. The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon: SB 636. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in such code or other laws of the state, so as to define the term biodiesel fuel; to repeal conflicting laws; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON SB 636 The Committee of Conference on SB 636 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 636 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ John Bulloch Senator, 11th District /s/ Chambers Representative, 81st District 5590 JOURNAL OF THE HOUSE /s/ Ralph Hudgens Senator, 47th District /s/ Ehrhart Representative, 36th District /s/ Pearson Senator, 51st District /s/ Jan Jones Representative, 46th District A BILL To amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, so as to prohibit the production, offering for sale, or sale of biodiesel fuel for certain purposes unless such fuel meets certain standards; to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to prevention and control of air pollution, so as to define a term; to authorize and urge the director of the Environmental Protection Division to develop for consideration by the Board of Natural Resources rules and regulations phasing out the use of gasoline containing a certain chemical; to authorize the adoption of such rule and regulations; to provide for a study relating to gasoline additives; 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 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, is amended by adding a new Code section to read as follows: "10-1-151.1. It shall be unlawful for any person to produce, offer for sale, or sell any biodiesel fuel to be used in blending such biodiesel fuel with petroleum diesel fuel to create a blended fuel for subsequent sale for use in diesel engines unless the biodiesel fuel meets the specifications of American Society for Testing and Materials Standard D 6751." SECTION 2. Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to prevention and control of air pollution, is amended by adding a new Article to read as follows: "ARTICLE 3. 12-9-70. (a) As used in this Code section, the term 'MTBE' means methyl tertiary butyl ether. (b) The director of the Environmental Protection Division of the department is authorized and urged to study and review the use of gasoline additives in this state and to develop rules and regulations not later than January 1, 2008, for consideration by the THURSDAY, MARCH 30, 2006 5591 Board of Natural Resources to provide for a phase out of the permissible use of gasoline containing MTBE in a manner designed to coordinate such phase out with other states adjacent to this state to the extent practicable; and the board is authorized to adopt rules and regulations for such purpose. In developing such rules and regulations, the director is urged to consider the need to ensure adequate supplies of gasoline in this state, environmental issues such as air quality and ground-water protection, the overall benefits and concerns with various gasoline additives, the use of additives by adjacent states, and the viability of ethanol for use as an additive to the greatest extent practicable." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Chambers of the 81st moved that the House adopt the report of the Committee of Conference on SB 636. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe E Barnard Y Barnes Y Bearden Beasley-Teague Benfield Y Benton Black Y Bordeaux Borders Y Bridges Y Brooks Brown Bruce Y Bryant Y Buckner, D Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Casas Y Chambers Channell Y Cheokas Coan Y Cole Y Crawford Y Cummings Y Davis Y Day Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Epps Y Everson Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger Golick Y Graves, D Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Jordan Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar 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 Y Parham Parrish N Parsons Porter Powell Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Rice Y Sailor Scheid Scott, A Y Scott, M Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Smith, V E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Walker Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E 5592 JOURNAL OF THE HOUSE Y Coleman, B Y Coleman, T Cooper Y Cox Y Heckstall Y Hembree Henson Y Hill, C Y Maddox Y Mangham Y Manning Y Marin Y Roberts N Rogers Y Royal Rynders Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 118, nays 2. The motion prevailed. Representative Holmes of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 344. By Representative Cummings of the 16th: A BILL to be entitled an Act to amend Code Section 47-7-101 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the Georgia Firefighters Pension Fund, withdrawal of application for benefits before approval, and reemployment, so as to provide that the benefits of a firefighter who returns to service after retirement may exceed his or her previous benefit after he or she has acquired one years service after such reemployment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, so as to change certain definitions; to provide for requirements for creditable service; to provide for current membership; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, is amended by striking paragraphs (3) and (7) of Code Section 47-7-1, relating to definitions, and inserting in lieu thereof, respectively, the following: THURSDAY, MARCH 30, 2006 5593 "(3) 'Firefighter' means a person who is a full-time employee of a fire department who in the course of full-time employment by and within a department either: (A) Is is a candidate for or holds a current firefighter's certificate issued under Article 1 of Chapter 4 of Title 25 and has as incident to his or her position of employment the principal duty of, and actually performs the function of, preventing and suppressing fires; or (B) Has as incident to the position of employment the principal responsibility to perform, and actually performs, support functions for fire prevention and fire suppression activities of the fire department of a type which the board by regulation finds have been traditionally and customarily performed by employees of fire departments in the State of Georgia, including, without limitation, the activities of administrative personnel within the department, mechanics whose primary duties are the maintenance and repair of fire-fighting equipment and apparatus, operating engineers whose primary duties are the operation of fire-fighting equipment and apparatus, communications and clerical personnel, and fire prevention and fire inspection personnel; provided, however, that such term shall not include persons whose primary responsibility is the performance of emergency medical services." SECTION 2. Said chapter is further amended by inserting immediately following paragraph (3) of Code Section 47-7-1, relating to definitions, a new paragraph to read as follows: "(3.1) 'Full-time employment' means working at a permanent job position for at least 40 hours a week." SECTION 3. Said chapter is further amended by inserting immediately following paragraph (5) of Code Section 47-7-1, relating to definitions, a new paragraph to read as follows: "(5.1) 'Part-time employment' means working at a permanent job position for less than 40 hours a week." SECTION 4. Said chapter is further amended by striking in its entirety paragraph (7) of Code Section 47-7-1, relating to definitions, and inserting in lieu thereof the following: "(7) 'Volunteer firefighter' means an individual who is appointed and regularly enrolled as a volunteer, with or without compensation, with a fire department; who, as a volunteer firefighter, has and primarily performs the principal responsibility of preventing or suppressing fires; and who satisfies the requirements specified in subparagraph (a)(1)(D) of Code Section 25-3-23." SECTION 5. Said chapter is further amended by inserting at the end of Code Section 47-7-40, relating to eligibility to apply for membership in the Georgia Firefighters Pension Fund, a new subsection to read as follows: 5594 JOURNAL OF THE HOUSE "(c) Any person who, on June 30, 2006, was an active member of the fund by virtue of holding a position other than as a certified firefighter or a candidate for such certification, in accordance with the qualifications for membership in effect on that date, shall be entitled to remain a member of the fund; provided, however, that if such person has a break in membership any future membership shall be subject to laws and regulations in effect at such time." SECTION 6. Said chapter is further amend by inserting at the end of Code Section 47-7-81, relating to the effect of failure of volunteer fire department to hold required drills; effect of volunteer firefighter's failure to meet attendance requirements, a new subsection to read as follows: "(c) The board is authorized to prescribe the monthly and annual hourly requirements in conjunction with the Georgia Firefighter Standards and Training Council necessary to receive credit for service toward retirement and other benefits under this chapter and to establish the form of reports required to be filed with the board concerning such matters and the time within which such reports must be filed with the board. In no case shall the average weekly hourly requirement be less than 20 hours per week for any calendar year." SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Representative Cummings of the 16th moved that the House agree to the Senate substitute to HB 344. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe E Barnard Y Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Borders Y Bridges Y Brooks Brown Bruce Y Bryant Y Buckner, D Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Epps Y Everson Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Keen Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar E 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 Sailor Scheid Scott, A Y Scott, M Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Smith, V E Smyre Y Stanley-Turner Y Stephens THURSDAY, MARCH 30, 2006 5595 Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Franklin Freeman Gardner Y Geisinger Golick Y Graves, D Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Keown Y Kidd Y Knight Y Knox Y Lakly Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford Maddox Y Mangham Y Manning Y Marin Y Orrock Y Parham Parrish Y Parsons Porter Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 129, nays 0. The motion prevailed. HB 1392. By Representatives Hembree of the 67th, Rice of the 51st, Murphy of the 23rd and Yates of the 73rd: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide for certain penalties for a driver who commits a right of way violation resulting in a collision with a motorcyclist, pedestrian, or bicyclist; to provide for related matters; 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, so as to change the definition of vehicles that may be operated under noncommercial Class C driver's license relative to farmers towing vehicles hauling agricultural products, livestock, farm machinery, or farm supplies; to provide for certain penalties for a driver who commits a right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer transporting vehicles hauling agricultural products, livestock, farm machinery, or farm products; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 5596 JOURNAL OF THE HOUSE SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-23, relating to classes of licenses, by striking subsection (c) and inserting in lieu thereof the following: "(c) The noncommercial classes of motor vehicles for which operators may be licensed shall be as follows: Class A -- Any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds, and all vehicles included within Class B and Class C; Class B -- Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, and all vehicles included within Class C; Class C -- Any single vehicle with a gross vehicle weight rating not in excess of 26,000 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating in excess of 10,000 pounds, provided that the combination of vehicles has a gross combined vehicle weight rating not in excess of 26,000 pounds, and any self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family or personal conveyance; except that any combination of vehicles with a gross vehicle weight rating not in excess of 26,000 pounds may be operated under such class of license if such combination of vehicles are controlled and operated by a farmer, used to transport agricultural products, livestock, farm machinery, or farm supplies to or from a farm, and are not used in the operations of a common or contract carrier; Class D -- Provisional license applicable to noncommercial Class C vehicles for which an applicant desires a driver's license but is not presently licensed to drive; Class M -- Motorcycles, motor driven cycles, and three-wheeled motorcycles; Class P -- Instructional permit applicable to all types of vehicles for which an applicant desires a driver's license but is not presently licensed to drive. Any applicant for a Class A or Class B license must possess a valid Georgia driver's license for Class C vehicles. A license issued pursuant to this Code section shall not be a commercial driver's license." SECTION 2. Said title is further amended by adding a new Code Section 40-6-77 to read as follows: "40-6-77. Any person who causes a serious injury to another person as a result of a collision with a motorcyclist, bicyclist, pedestrian, or farmer operating any vehicle used to transport agricultural products, livestock, farm machinery, or farm supplies by committing any right of way violation under this chapter when such motorcyclist, bicyclist, pedestrian, or farmer operating any vehicle used to transport agricultural products, livestock, farm machinery, or farm supplies is abiding by the provisions of this title shall be guilty of a THURSDAY, MARCH 30, 2006 5597 misdemeanor and shall be punished by a fine of not less than $250.00 in addition to any other penalties stipulated by law. For purposes of this Code section, serious injury shall include, but shall not be limited to, causing bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, by seriously disfiguring his or her body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless." 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 1392. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Anderson Y Ashe E Barnard Y Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Bridges Y Brooks Brown Bruce Y Bryant Y Buckner, D Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Byrd Y Carter Y Casas Y Chambers Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Epps Y Everson Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Freeman Gardner Y Geisinger Golick Y Graves, D Graves, T Y Greene Y Hanner 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 Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Jordan Keen Y Keown Y Kidd Y Knight Y Knox Y 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 McClinton Y Meadows Millar E Mills Y Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Y Oliver O'Neal Y Orrock Y Parham Parrish Y Parsons Porter Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Scott, A Y Scott, M Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Smith, V E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Walker Y Warren Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker 5598 JOURNAL OF THE HOUSE On the motion, the ayes were 126, nays 0. 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 "aye" thereon. The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon: HB 1371. By Representatives Graves of the 137th, Carter of the 159th, Harbin of the 118th, Stephens of the 164th and Parrish of the 156th: 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 Pharmacy Audit Bill of Rights"; to provide for a short title; to set out a list of rights of pharmacies undergoing audits; to provide for an appeal process; to provide for applicability; 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 1371 The Committee of Conference on HB 1371 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1371 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Ralph Hudgens Senator, 47th District /s/ Graves Representative, 137th District /s/ Don Thomas Senator, 54th District /s/ Stephens Representative, 164th District /s/ Greg Groggans Senator, 7th District /s/ Carter Representative, 159th District THURSDAY, MARCH 30, 2006 5599 A BILL To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact "The Pharmacy Audit Bill of Rights"; to provide for a short title; to set out a list of rights of pharmacies undergoing audits; to provide for an appeal process; to provide for applicability; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by adding a new Code section to the end of Article 6, relating to pharmacies, to read as follows: "26-4-118. (a) This Code section shall be known and may be cited as 'The Pharmacy Audit Bill of Rights.' (b) Notwithstanding any other law, when an audit of the records of a pharmacy is conducted by a managed care company, insurance company, third-party payor, the Department of Community Health under Article 7 of Chapter 4 of Title 49, or any entity that represents such companies, groups, or department, it shall be conducted in accordance with the following bill of rights: (1) The entity conducting the initial on-site audit must give the pharmacy notice at least one week prior to conducting the initial on-site audit for each audit cycle; (2) Any audit which involves clinical or professional judgment must be conducted by or in consultation with a pharmacist; (3) Any clerical or record-keeping error, such as a typographical error, scrivener's error, or computer error, regarding a required document or record may not in and of itself constitute fraud; however, such claims may be subject to recoupment. No such claim shall be subject to criminal penalties without proof of intent to commit fraud; (4) A pharmacy may use the records of a hospital, physician, or other authorized practitioner of the healing arts for drugs or medicinal supplies written or transmitted by any means of communication for purposes of validating the pharmacy record with respect to orders or refills of a legend or narcotic drug; (5) A finding of an overpayment or underpayment may be a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs; however, recoupment of claims must be based on the actual overpayment or underpayment unless the projection for overpayment or underpayment is part of a settlement as agreed to by the pharmacy; (6) Each pharmacy shall be audited under the same standards and parameters as other similarly situated pharmacies audited by the entity; 5600 JOURNAL OF THE HOUSE (7) A pharmacy shall be allowed at least 30 days following receipt of the preliminary audit report in which to produce documentation to address any discrepancy found during an audit; (8) The period covered by an audit may not exceed two years from the date the claim was submitted to or adjudicated by a managed care company, insurance company, third-party payor, the Department of Community Health under Article 7 of Chapter 4 of Title 49, or any entity that represents such companies, groups, or department; (9) An audit may not be initiated or scheduled during the first seven calendar days of any month due to the high volume of prescriptions filled during that time unless otherwise consented to by the pharmacy; (10) The preliminary audit report must be delivered to the pharmacy within 120 days after conclusion of the audit. A final audit report shall be delivered to the pharmacy within six months after receipt of the preliminary audit report or final appeal, as provided for in subsection (c), whichever is later; and (11) The audit criteria set forth in this subsection shall apply only to audits of claims submitted for payment after July 1, 2006. Notwithstanding any other provision in this subsection, the agency conducting the audit shall not use the accounting practice of extrapolation in calculating recoupments or penalties for audits. (c) Recoupments of any disputed funds shall only occur after final internal disposition of the audit, including the appeals process as set forth in subsection (d) of this Code section. (d) Each entity conducting an audit shall establish an appeals process under which a pharmacy may appeal an unfavorable preliminary audit report to the entity. If, following the appeal, the entity finds that an unfavorable audit report or any portion thereof is unsubstantiated, the entity shall dismiss the audit report or said portion without the necessity of any further proceedings. (e) Each entity conducting an audit shall provide a copy of the final audit report, after completion of any review process, to the plan sponsor. (f) This Code section shall not apply to any investigative audit which involves fraud, willful misrepresentation, or abuse including without limitation investigative audits under Article 7 of Chapter 4 of Title 49, Code Section 33-1-16, or any other statutory provision which authorizes investigations relating to insurance fraud." 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 Graves of the 137th moved that the House adopt the report of the Committee of Conference on HB 1371. THURSDAY, MARCH 30, 2006 5601 On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Anderson Y Ashe E Barnard Y Barnes Y Bearden Y Beasley-Teague Benfield Y Benton Black Y Bordeaux Borders Y Bridges Y Brooks Brown Bruce Y Bryant Y Buckner, D Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Channell Y Cheokas Y Coan Y Cole Coleman, B Coleman, T 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 Everson Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger Golick Y Graves, D 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, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Jordan Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Lane, B Y Lane, R Y Lewis Y Lindsey Lord Loudermilk Lucas Y Lunsford Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Millar E Mills Y Mitchell Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Neal Y Oliver O'Neal Y Orrock Y Parham Parrish Y Parsons Porter Y Powell Y Ralston Randall Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Scott, A Y Scott, M Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Smith, V E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 124, nays 0. 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 "aye" thereon. HB 194. By Representatives Martin of the 47th, Burkhalter of the 50th, Amerson of the 9th, Royal of the 171st, Ashe of the 56th and others: 5602 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 194 The Committee of Conference on HB 194 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 194 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Casey Cagle Senator, 49th District /s/ Chuck Martin Representative, 47th District /s/ Judson Hill Senator, 32nd District /s/ Bob Smith Representative, 113th District /s/ Chip Rogers Senator, 21st District /s/ Larry O'Neal Representative, 146th District A BILL To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to change certain provisions regarding calculation of the entertainment industry income tax credit in the event a tier designation is changed; 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: THURSDAY, MARCH 30, 2006 5603 SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code section immediately following Code Section 48-7-29.9, to be designated Code Section 48-7-29.10, to read as follows: "48-7-29.10. (a) As used in this Code section, the term: (1) 'Eligible telework expenses' means expenses incurred during the calendar year pursuant to a telework agreement, up to a limit of $1,200.00 for each participating employee, to enable a participating employee to begin to telework, which expenses are not otherwise the subject of a deduction from income claimed by the employer in any tax year. Such expenses shall include, but not be limited to, expenses paid or incurred to purchase computers, computer related hardware and software, modems, data processing equipment, telecommunications equipment, high-speed Internet connectivity equipment, computer security software and devices, and all related delivery, installation, and maintenance fees. Such expenses shall not include replacement costs for computers, computer related hardware and software, modems, data processing equipment, telecommunications equipment, or computer security software and devices at the principal place of business when that equipment is relocated to the telework site. Such expenses shall not include expenses for which a credit is claimed under any other provision of this article. Such expenses may be incurred only once per employee. Such expenses may be incurred directly by the employer on behalf of the participating employee or directly by the participating employee and subsequently reimbursed by the employer. (2) 'Employer' means any employer upon whom an income tax is imposed by this article. (3) 'Participating employee' means an employee who has entered into a telework agreement with his or her employer on or after the effective date of this Code section. This term shall not include an individual who is self-employed or an individual who ordinarily spends a majority of his or her workday at a location other than the employer's principal place of business. (4) 'Telework' means to perform normal and regular work functions on a workday that ordinarily would be performed at the employer's principal place of business at a different location, thereby eliminating or substantially reducing the physical commute to and from that employer's principal place of business. This term shall not include home based businesses, extensions of the workday, or work performed on a weekend or holiday. (5) 'Telework agreement' means an agreement signed by the employer and the participating employee, on or after the effective date of this Code section, that defines the terms of a telework arrangement, including the number of days per year the participating employee will telework, as provided in subsection (b) of this Code section in order to qualify for the credit, and any restrictions on the place from which the participating employee will telework. 5604 JOURNAL OF THE HOUSE (6) 'Telework assessment' means an optional assessment leading to the development of policies and procedures necessary to implement a formal telework program which would qualify the employer for the credit provided in subsection (b) of this Code section, including but not limited to a workforce profile, a telework program business case and plan, a detailed accounting of the purpose, goals, and operating procedures of the telework program, methodologies for measuring telework program activities and success, and a deployment schedule for increasing telework activity. (b) For taxable years beginning or ending on or after January 1, 2008, and prior to January 1, 2010, an employer shall be allowed a state income tax credit against the tax imposed by Code Section 48-7-20 or Code Section 48-7-21 for a percentage of eligible telework expenses incurred in the calendar years 2008 and 2009. The amount of such credit shall be calculated as follows: (1) The credit shall be equal to 100 percent of the eligible telework expenses incurred pursuant to a telework agreement requiring the participating employee to telework at least 12 days per month if the employer's principal place of business is located in an area designated by the United States Environmental Protection Agency as a nonattainment area under the federal Clean Air Act, 42 U.S.C. Section 7401 et seq.; (2) The credit shall be equal to 75 percent of the eligible telework expenses incurred pursuant to a telework agreement requiring the participating employee to telework at least 12 days per month; or (3) The credit shall be equal to 25 percent of the eligible telework expenses incurred pursuant to a telework agreement requiring the participating employee to telework at least five days per month. (c)(1) In addition to the credit provided by subsection (b) of this Code section, an employer conducting a telework assessment on or after the effective date of this Code section shall be allowed a credit in the calendar year of implementation of the employer's formal telework program against the tax imposed by Code Section 48-7-20 or Code Section 48-7-21 for 100 percent of the cost, up to a maximum credit of $20,000.00 per employer, of preparing the assessment. Such costs shall not be eligible for such credit if they are otherwise the subject of a deduction from income claimed by the employer in any tax year. Costs incurred on or after the effective date of this Code section and before January 1, 2008, shall be treated as being incurred on January 1, 2008, for purposes of this Code section. The credit provided by this subsection is intended to include program planning expenses, including direct program development and training costs, raw labor costs, and professional consulting fees; the credit shall not include expenses for which a credit is claimed under any other provision of this article. This credit shall be allowed only once per employer. (2) All telework assessments eligible for a state income tax credit under this subsection shall meet standards for eligibility promulgated by the commissioner. (d) In no event shall the total amount of any tax credit under this Code section for a taxable year exceed the employer's income tax liability. No unused tax credit shall be allowed to be carried forward to apply to the employer's succeeding years tax liability. No such tax credit shall be allowed the employer against prior years tax liability. THURSDAY, MARCH 30, 2006 5605 (e)(1) An employer seeking to claim a tax credit provided for under subsections (b) and (c) of this Code section must submit an application to the commissioner for tentative approval of the tax credit provided for in subsections (b) and (c) of this Code section between September 1 and October 31 of the year preceding the calendar year for which the tax credit is to be earned. The commissioner shall promulgate the rules and forms on which the application is to be submitted. Amounts specified on such application shall not be changed by the employer after the application is approved by the commissioner. Such applications must certify that the employer would not have incurred the eligible telework expenses mentioned therein but for the availability of the tax credit. The commissioner shall review such application and shall tentatively approve such application upon determining that it meets the requirements of this Code section. (2) The commissioner shall provide tentative approval of the applications by the date provided in paragraph (3) of this subsection. In no event shall the aggregate amount of tax credits approved by the commissioner for all qualified employers under this Code section in a calendar year exceed: (A) $2,000,000.00 for credits earned in calendar year 2008; and (B) $2,000,000.00 for credits earned in calendar year 2009. (3) The Department shall notify each employer of the tax credits tentatively approved and allocated to such employer by December 31st of the year in which the application was submitted. In the event that the credit amounts on the tax credit applications filed with the commissioner exceed the maximum aggregate limit of tax credits under this subsection, then the tax credits shall be allocated among the employers who filed a timely application on a pro rata basis based upon the amounts otherwise allowed by this Code section. Once the tax credit application has been approved and the amount approved has been communicated to the applicant, the employer (applicant) may make purchases approved for the tax credit at any time during the calendar year following the approval of the application. The employer may then apply the amount of the approved tax credit to their tax liability for the tax year or years for which the approved application applies. In the event the employer has a tax year other than a calendar year and the calendar year expenses are incurred in more than one taxable year, the credit shall be applied to each taxable year based upon when the expenses are incurred. (f) Notwithstanding the provisions of Code Sections 48-2-15, 48-7-60, and 48-7-61, on or before December 31, 2010, for credits allowed in calendar year 2008 and by December 31, 2011, for credits allowed in calendar year 2009, the commissioner shall make available a public report disclosing the employer names and amounts of credit claimed under this Code section. (g) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section." SECTION 2. 5606 JOURNAL OF THE HOUSE Said article is further amended by striking paragraph (9) of Code Section 48-7-40.26, relating to definitions regarding the entertainment industry income tax credit, and inserting in its place a new paragraph (9) to read as follows: "(9) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended. In the event production expenditures will occur in more than one taxable year for a particular state certified production, the commissioner shall prescribe redesignation procedures to ensure that the production company can claim credits for such state certified production in future years without regard to whether or not a particular county is reclassified in a different tier." SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective July 1, 2006. (b) Section 1 of this Act shall become effective on July 1, 2007. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Martin of the 47th moved that the House adopt the report of the Committee of Conference on HB 194. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Anderson Y Ashe E Barnard Y Barnes Y Bearden Y Beasley-Teague 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 Crawford Y Cummings Y Davis Y Day Dean Y Dickson Dodson Y Dollar Y Drenner Dukes Ehrhart Y England Epps Y Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Martin Y Maxwell Y May McCall McClinton Y Meadows Y Millar E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Murphy, J Y Murphy, Q Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Porter Y Powell Y Ralston Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker THURSDAY, MARCH 30, 2006 5607 Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Maddox Y Mangham Y Manning Y Marin Randall Y Ray Y Reece, B Y Reece, S Y Reese 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 Wix Y Yates Richardson, Speaker On the motion, the ayes were 146, nays 0. 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 "aye" thereon. HB 1257. By Representatives Knox of the 24th, Maxwell of the 17th, Meadows of the 5th and Watson of the 91st: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselor's license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; 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 1257 The Committee of Conference on HB 1257 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1257 be adopted. FOR THE SENATE: /s/ David Shafer Senator, 48th District Respectfully submitted, FOR THE HOUSE OF REPRESENTATIVES: /s/ Golick Representative, 34th District 5608 JOURNAL OF THE HOUSE /s/ Hudgens Senator, 47th District /s/ Knox Representative, 24th District /s/ Casey Cagle Senator, 49th District /s/ Stan Watson Representative, 91st District A BILL To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to revise certain definitions; to change certain provisions relating to evaluation of a person with an emergency condition and initiation of intervention without prospective authorization; to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to emergency services requirements; to change certain provisions relating to payments to nonparticipating and nonpreferred providers of health care services; to change certain provisions relating to health benefit plans providing incentives to use services of preferred providers; to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselor's license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by striking paragraphs (2) and (3) of Code Section 31-1181, relating to definitions, in their entirety and inserting in lieu thereof the following: "(2) 'Emergency medical provider' means any provider of emergency medical transportation licensed or permitted by the Georgia Department of Human Resources, any hospital licensed or permitted by the Georgia Department of Human Resources, any hospital based service, or any physician licensed by the Composite State Board of Medical Examiners who provides emergency services. (3) 'Emergency services' means emergency medical transportation or health care services provided in a hospital emergency facility to evaluate and treat any emergency condition." SECTION 2. Said chapter is further amended in Code Section 31-11-82, relating to evaluation of a person with an emergency condition and initiation of intervention without prospective authorization, by striking subsection (b) in its entirety and inserting a new subsection (b) to read as follows: THURSDAY, MARCH 30, 2006 5609 "(b) If in the opinion of the attending physician or licensed ambulance service personnel acting under the medical direction of an ambulance service medical director as defined in Code Section 31-11-60.1 the evaluation provided under subsection (a) of this Code section warrants, he or she may initiate appropriate intervention to stabilize the condition of the patient without seeking or receiving prospective authorization by an insurer, a health maintenance organization, or a private health benefit plan. No insurer, health maintenance organization, or private health benefit plan may subsequently deny payment for an evaluation, diagnostic testing, or treatment provided as part of such intervention for an emergency condition." SECTION 3. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subparagraph (A) of paragraph (1) of Code Section 33-20A-9, relating to emergency services requirements, in its entirety and inserting in lieu thereof the following: "(1)(A) In the event that a patient seeks emergency services and if necessary in the opinion of the emergency health care provider responsible for the patient's emergency care and treatment and warranted by his or her evaluation, such emergency provider may initiate necessary intervention to stabilize the condition of the patient without seeking or receiving prospective authorization by the managed care entity or managed care plan. No managed care entity or private health benefit plan may subsequently deny payment for an evaluation, diagnostic testing, or treatment provided as part of such intervention for an emergency condition. For purposes of this Code section, the term 'emergency health care provider' includes without limitation an emergency services provider and a licensed ambulance service providing 911 emergency medical transportation." SECTION 4. Said title is further amended by striking subsection (a) of Code Section 33-24-54, relating to payments to nonparticipating or nonpreferred providers of health care services, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Notwithstanding any provisions of Code Sections 33-1-3, 33-1-5, and 33-24-17 and Chapter 20 of this title or any other provisions of this title which might be construed to the contrary, whenever an accident and sickness insurance policy, subscriber contract, or self-insured health benefit plan, by whatever name called, which is issued or administered by a person licensed under this title provides that any of its benefits are payable to a participating or preferred provider of health care services licensed under the provisions of Chapter 4 of Title 26 or of Chapter 9, 11, 30, 34, 35, or 39 of Title 43 or of Chapter 11 of Title 31 for services rendered, the person licensed under this title shall be required to pay such benefits either directly to any similarly licensed nonparticipating or nonpreferred provider who has rendered such services, has a written assignment of benefits, and has caused written notice of such assignment to be given to the person licensed under this title or jointly to such nonparticipating or 5610 JOURNAL OF THE HOUSE nonpreferred provider and to the insured, subscriber, or other covered person; provided, however, that in either case the person licensed under this title shall be required to send such benefit payments directly to the provider who has the written assignment. When payment is made directly to a provider of health care services as authorized by this Code section, the person licensed under this title shall give written notice of such payment to the insured, subscriber, or other covered person." SECTION 5. Said title is further amended by adding to the end of Code Section 33-30-24, relating to health benefit plans providing certain incentives, the following: "For purposes of this Code section, when a request for emergency care is made through the emergency 9-1-1 system on behalf of a covered person and the ambulance service licensed under Chapter 11 of Title 31 that was dispatched in response to the request is not a preferred provider, for purposes of payment under paragraph (1) of this Code section, it shall be presumed that the covered person could not reasonably reach a preferred provider." SECTION 6. Said title is further amended by striking subparagraph (AA) of paragraph (6) of Code Section 33-8-1, relating to fees and charges generally, and inserting in lieu thereof a new subparagraph (AA) to read as follows: "(AA) Amendment of filings ................................................................... 25.00 Provided, however, that the Commissioner, in his or her discretion, may exempt from such fee change of address filings done off line by agents, subagents, counselors, and adjusters. (AA.1) Change of address filings done on line by agents, subagents, counselors, and adjusters........................................................................... No charge" SECTION 7. Said title is further amended by striking paragraph (6) of subsection (a) of Code Section 33-23-5, relating to qualifications and requirements for license, and inserting in lieu thereof a new paragraph (6) to read as follows: "(6) If applying for a license as counselor, the applicant must show that he or she either has had five years experience acting as either as an agent, subagent, or adjuster or in some other phase of the insurance business or has sufficient teaching or educational qualifications or experience which, in the opinion of the Commissioner, has qualified the applicant to act as such counselor; and the applicant shall pass such examination as shall be required by the Commissioner unless the applicant is exempted by the Commissioner, based on the applicant's experience and qualifications and pursuant to a regulation adopted by the Commissioner;". THURSDAY, MARCH 30, 2006 5611 SECTION 8. Said title is further amended by striking Code Section 33-23-25, relating to place of business, and inserting a new Code Section 33-23-25 to read as follows: "33-23-25. Every licensed agent, subagent, counselor, and adjuster shall have and maintain in this state or, if a nonresident licensee, in the state of domicile, a place of business accessible to the public. The place of business shall be that wherein the licensee principally conducts transactions pursuant to the license. The address of the place of business shall appear on all licenses of the resident licensee be maintained by the Commissioner. All resident and nonresident licensees shall promptly notify the Commissioner in writing within 30 days of any change in the business address." SECTION 9. This Act shall become effective on July 1, 2006. SECTION 10. 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 1257. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague 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 Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Epps Y Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May McCall McClinton Y Meadows Millar E 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 Porter Y Powell Y Ralston Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker 5612 JOURNAL OF THE HOUSE Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Hembree Henson Y Hill, C Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin 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 Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 149, nays 0. 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 "aye" thereon. HB 304. By Representatives Burmeister of the 119th, Yates of the 73rd, Shaw of the 176th, Cummings of the 16th and Rice of the 51st: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to change the provisions relating to the imposition and determination of the amount of certain regulatory fees by local governments; to provide for related matters; to repeal conflicting laws; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 304 The Committee of Conference on HB 304 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 304 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Bill Heath Senator, 31st District /s/ Sue Burmeister Representative, 119th District THURSDAY, MARCH 30, 2006 5613 /s/ Jones Senator, 10th District /s/ Dodson Representative, 75th District /s/ Jeff Mullis Senator, 53rd District /s/ John Heard Representative, 104th District A BILL To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to prohibit local governments from prohibiting or regulating the sale of certain lawful products or services; to provide for exceptions; to provide that ordinances in violation of such provisions are void; to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to change the provisions relating to the imposition and determination of the amount of certain regulatory fees by local governments; to provide for the timing of payment of certain regulatory fees; 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 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by inserting a new Code section to be designated Code Section 36-60-24 to read as follows: "36-60-24. (a) The governing authority of a county or municipal corporation shall not prohibit the sale of products or services which products or services are lawful under subsection (b) of Code Section 25-10-1, unless such prohibition is expressly authorized by the general law of the state. (b) If the sale of a product or service is regulated by subsection (b) of Code Section 2510-1, the governing authority of a county or municipal corporation shall not enact additional regulation of the sale of such product or service, unless such additional regulation is expressly authorized by general law. (c) Any ordinance enacted before, on, or after July 1, 2006, by a county or municipal corporation in violation of this Code section is void." SECTION 2. Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, is amended by adding a new subsection (e) to Code Section 48-13-9, relating to limitation on authority of local government to impose regulatory fee, to read as follows: 5614 JOURNAL OF THE HOUSE "(e) For each business, profession, or occupation, local governments are authorized to determine the amount of a regulatory fee imposed in accordance with this article only by one of the following methods: (1) A flat fee for each business or practitioner of a profession or occupation doing business in the jurisdiction as authorized by Code Section 48-13-8; (2) A flat fee for each type of permit or inspection requested; (3) An hourly rate determined by the hourly wage or salary, including employee benefits, of the person or persons assigned to investigate or inspect multiplied by the number of hours estimated for the investigation or inspection to be performed; (4) An hourly rate as determined by paragraph (3) of this subsection with the addition of other expenses reasonably related to such regulatory activity, such as administrative and travel expenses, multiplied by the number of hours estimated for the investigation or inspection to be performed; (5) For construction projects that are classified as new construction, the number of square feet of construction or the number of square feet of construction to be served by the system to be installed, in conjunction with and limited by the building valuation data, as established from time to time by the International Code Council or by similar data, and in conjunction with and limited by the hourly rate described in paragraph (3) or (4) of this subsection; or (6) For construction projects that are classified as renovation and all other construction projects other than those classified as new construction, the cost of the project in conjunction with and limited by the building valuation data that conforms with the principles and methods established from time to time by the International Code Council or by similar data, and in conjunction with and limited by the hourly rate described in paragraph (3) or (4) of this subsection." SECTION 3. Said article is further amended by striking subsections (b) and (c) of Code Section 48-1320, relating to time for payment of fees and taxes, and inserting in lieu thereof new subsections (b) and (c) to read as follows: "(b) Regulatory fees authorized by this chapter shall be paid before commencing business or the practice of a profession or occupation as a condition precedent for transacting business, or practicing a profession or occupation. (c) Regulatory fees may be paid after commencing business or the practice of a profession or occupation when: (1) The work done or services provided are necessary for the health, comfort, or safety of one or more individuals or protection of property. This paragraph shall apply to, but not be limited to, the repair, service, or installation of heating, ventilation, and air conditioning equipment or systems; (2) The work done or services provided have no adverse effect on any other person; and (3) Regulatory fees are tendered to the local government within two business days after commencing business or the practice of a profession or occupation and any and THURSDAY, MARCH 30, 2006 5615 all required inspections are made in order to ensure compliance with applicable codes; and (4) The work is commenced or the services are provided within 24 hours of receiving the request for such work or service and it is not possible for the person conducting the work or providing the service to obtain a permit prior to commencing due to the hours of operation of the local government's offices." SECTION 4. This Act shall become effective on July 1, 2006. SECTION 5. 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 304. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges Y Brooks Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole 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 Everson 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 Harbin Y Hatfield Y Heard, J Y Heard, K Y Hill, C.A Y Holmes Y Holt Y Horne N Houston Y Howard, E Y Hudson Y Hugley 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 Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Martin Y Maxwell Y May McCall McClinton Y Meadows Millar E Mills Y Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Neal Y Oliver O'Neal N Orrock Y Parham Y Parrish Y Parsons Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E 5616 JOURNAL OF THE HOUSE Y Coleman, B Coleman, T Cooper Y Cox Y Heckstall Y Hembree Henson Y Hill, C Y Maddox Mangham Manning Y Marin Y Roberts Y Rogers Y Royal Y Rynders Y Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 137, nays 4. 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 "aye" thereon. HB 941. By Representatives Benton of the 31st, England of the 108th, Bearden of the 68th, Mosley of the 178th, Maddox of the 172nd and others: 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. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 941 The Committee of Conference on HB 941 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 941 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Ralph Hudgens Senator, 47th District /s/ James Mills Representative, 25th District /s/ John Douglas Senator, 17th District /s/ Tommy Benton Representative, 31st District THURSDAY, MARCH 30, 2006 5617 /s/ Nancy Schafer Senator, 50th District /s/ Terry England Representative, 108th District A BILL 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 authorize the display of certain historical documents as part of the foundation of American law and government; to provide for a context for the historical documents; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, is amended by adding a new Code Section 45-1351 to read as follows: "45-13-51. (a) The General Assembly finds and determines: (1) The General Assembly has directed the Division of Archives and History of the State of Georgia to encourage the study of historical documents; (2) There is a need to educate and inform the public about the history and background of American law; (3) The public courthouses and judicial facilities of this state are an ideal forum in which to display educational and informational material about the history and background of American law; and (4) A basic knowledge of American constitutional history is important to the formation of civic virtue in our society; (b) Each municipality and political subdivision of this state shall be authorized to post the Foundations of American Law and Government display, as described in subsection (c) of this Code section, in a visible, public location in the judicial facilities of such municipality or political subdivision. (c) The Foundations of American Law and Government display shall include: (1) The Mayflower Compact, 1620; (2) The Ten Commandments as extracted from Exodus Chapter 20; (3) The Declaration of Independence; (4) Magna Carta; (5) 'The Star-Spangled Banner' by Francis Scott Key; (6) The national motto; (7) The Preamble to the Georgia Constitution; (8) The Bill of Rights of the United States Constitution; and (9) The description on the image of Lady Justice. 5618 JOURNAL OF THE HOUSE (d) Public displays of the Foundations of American Law and Government shall contain the documents set forth in paragraphs (1) through (9) of subsection (c) of this Code section together with a context for acknowledging formative, historically significant documents in America's heritage as follows: FOUNDATIONS OF AMERICAN LAW AND GOVERNMENT DISPLAY The Foundations of American Law and Government display contains documents that played a significant role in the foundation of our system of law and government. The display contains (1) the Mayflower Compact; (2) the Ten Commandments; (3) the Declaration of Independence: (4) Magna Carta; (5) 'The Star-Spangled Banner'; (6) the national motto of the United States of America; (7) the Preamble to the Georgia Constitution; (8) the Bill of Rights of the United States Constitution; and (9) a picture of Lady Justice. The Mayflower Compact The Mayflower Compact was penned by William Bradford on November 11, 1620, on the Mayflower before the Pilgrims made landfall at Plymouth, Massachusetts. The Compact was the first written constitution in the New World. William Bradford described the reasoning behind the Compact when he stated in the Compact, 'This day, before we came to harbour, observing some not well affected to unity and concord, but gave some appearance of faction, it was thought good there should be an association and agreement, that we should combine together in one body, and to submit to such government and governors as we should by common consent agree to make and choose, and set our hands to this that follows, word for word.' The Ten Commandments The Ten Commandments have profoundly influenced the formation of Western legal thought and the formation of our country. That influence is clearly seen in the Declaration of Independence, which declared that 'We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.' The Ten Commandments provide the moral background of the Declaration of Independence and the foundation of our legal tradition. The Declaration of Independence Perhaps the single most important document in American history, the Declaration of Independence was, as Abraham Lincoln stated, the 'frame' into which the Framers placed the Constitution. The Declaration's fundamental premise is that one's right to 'Life, Liberty and the pursuit of Happiness' is not a gift of government. Government is not a THURSDAY, MARCH 30, 2006 5619 giver of rights, but a protector of God-given rights. Moreover, government is a creation of 'the governed' and derives all its power from the consent of its people. As the Preamble to the United States Constitution states, 'We the People' are the government. Magna Carta In 1215, King John of England consented to the demands of his barons and agreed for Magna Carta to be publicly read throughout the land. By this act he bound himself and 'our heirs, in all things and all places for ever' to grant to the people of his kingdom the rights pronounced in Magna Carta. By signing Magna Carta, King John brought himself and England's future rulers within the rule of law. The rule of law places a restraint on the exercise of arbitrary government power, and it places all people and civil government under law. The American patriots, therefore, waged war against England to preserve liberties originating in thirteenth century England. A distinction, however, is noted between Magna Carta and the American concept of liberty. While Magna Carta is a guarantee from a king that he will follow the law, the Constitution of the United States is the establishment of a government consisting of, and created for, 'We the People.' 'The Star-Spangled Banner' Guarding the entrance to Baltimore harbor via the Patapsco River during the War of 1812, Fort McHenry faced almost certain attack by British forces. Major George Armistead, the stronghold's commander, was ready to defend the fort, but he wanted a flag that would identify his position, one whose size would be visible to the enemy from a distance. The flag that was made for the fort was 30 feet by 42 feet. Anxiously awaiting news of the battle's outcome was a Washington, D.C., lawyer named Francis Scott Key. Key had visited the enemy's fleet to secure the release of a Maryland doctor who had been abducted by the British after they left Washington. The lawyer had been successful in his mission, but he could not escort the doctor home until the attack ended. So he waited on a flag-of-truce sloop anchored eight miles downstream from Fort McHenry. During the night, there had been only occasional sounds of the fort's guns returning fire. At dawn, the British bombardment tapered off. Had the fort been captured? Placing a telescope to his eye. Key trained it on the fort's flagpole. There he saw the large garrison flag catch the morning breeze. It had been raised as a gesture of defiance, replacing the wet storm flag that had flown through the night. Thrilled by the sight of the flag and the knowledge that the fort had not fallen, Key took a letter from his pocket and began to write some verses on the back of it. Later, after the British fleet had withdrawn, Key checked into a Baltimore hotel and completed his poem on the defense of Fort McHenry. He then sent it to a printer for duplication on handbills, and within a few days the poem was put to the music of an old English song. Both the new song and the flag became 5620 JOURNAL OF THE HOUSE known as 'The Star-Spangled Banner' and became a rallying cry for the American Patriots during the rest of the war. The National Motto The motto was derived from the line 'And this be our motto, "In God is our trust"' in the U.S. national anthem, 'The Star-Spangled Banner.' The phrase first appeared on U.S. coins in 1864 and became obligatory on all U.S. currency in 1955. In accordance with Public Law No. 851 passed at the Second Session of the 84th Congress of the United States, July 30, 1956, the national motto of the United States became "In God We Trust." The Preamble to the Georgia Constitution The Preamble to the Georgia Constitution celebrates the ideas of free government, justice, peace, happiness, and liberty. Government is a creation of 'the governed' and derives all its power from the consent of its people. The people, therefore, desiring a civilized society, created and ordained the Constitution of the State of Georgia. The Bill of Rights of the United States Constitution During the debates on the adoption of the U.S. Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a 'bill of rights' that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered. The Bill of Rights is still a vital and powerful force in American government, shaping our laws and serving as a check on the exercise of government power. Lady Justice Lady Justice has become a symbol of the fair and equal administration of the law, without corruption, avarice, prejudice, or favor. The blindfold represents a system of justice that is blinded to all prejudices or favor. The scales represent justice that is administered fairly and the sword represents justice that is authoritative. Lady Justice is a symbol of the American system of justice and the ideals it embodies. (e) All documents which are included in the Foundations of American Law and Government displays shall be posted on paper not less than 11 x 14 inches in dimension and shall be framed in identically styled frames. No one document shall be displayed more prominently than another. (f) In no event shall any state funding be used for a display of the Foundations of American Law and Government." THURSDAY, MARCH 30, 2006 5621 SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Benton of the 31st moved that the House adopt the report of the Committee of Conference on HB 941. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers 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 Y Dodson Y Dollar N Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene 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, E Y Hudson 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 Knox Y Lakly Y Lane, B Y Lane, R Y Lewis N Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Martin Y Maxwell Y May McCall McClinton Y Meadows N Millar Y Mills Y Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Y Orrock Y Parham Parrish Y Parsons Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Roberts Y Rogers Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton 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 Wix Y Yates Richardson, Speaker On the motion, the ayes were 138, nays 4. The motion prevailed. 5622 JOURNAL OF THE HOUSE SB 413. By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Thomas of the 2nd, Fort of the 39th 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, the compulsory school attendance law, so as to change certain provisions relating to mandatory education for children between ages six and 16; to provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the permission of his or her parent or guardian; to require parent or guardian approval; to provide for a conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance required; to change certain provisions relating to exemptions from compulsory attendance; 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 SB 413 The Committee of Conference on SB 413 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 413 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Dan Moody Senator, 56th District /s/ Brooks Coleman Representative, 97th District /s/ Nancy Schafer Senator, 50th District /s/ Howard Maxwell Representative, 17th District /s/ Joseph Carter Senator, 13th District /s/ Bobby Reese Representative, 98th District A BILL To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education; to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the compulsory school THURSDAY, MARCH 30, 2006 5623 attendance law, so as to clarify certain provisions relating to mandatory education; to provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the permission of his or her parent or guardian; to require parent or guardian approval; to provide for a conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance required; to change certain provisions relating to exemptions from compulsory attendance; to amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance, so as to provide for information regarding school sponsored clubs and extracurricular activities to be included in student codes of conduct; to provide an opportunity for parents and legal guardians to decline permission for participation; to provide that student codes of conduct encourage parents and guardians to inform their children of the consequences of certain conduct; to provide for acknowledgment of receipt of student codes of conduct; to amend Part 5 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school buses, so as to provide for school bus pickup schedules; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the compulsory school attendance law, is amended by striking Code Section 20-2-690.1, relating to mandatory education for children between ages six and 16, and inserting in lieu thereof the following: "20-2-690.1. (a) Mandatory attendance in a public school, private school, or home school program shall be required for children between their sixth and sixteenth birthdays. Such mandatory attendance shall not be required where the child has successfully completed all requirements for a high school diploma. (a)(b) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their sixth and sixteenth birthdays during the ages of mandatory attendance as required in subsection (a) of this Code section shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attending a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the child's failure to enroll and attend is caused by the child's parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical exams for military service and the National Guard and such other approved absences shall be excused absences. The requirements 5624 JOURNAL OF THE HOUSE of this subsection shall apply to a child between his or her seventh and sixteenth birthdays during the ages of mandatory attendance as required in subsection (a) of this Code section who has been assigned by a local board of education or its delegate to attend an alternative public school program established by that local board of education, including an alternative public school program provided for in Code Section 20-2154.1, regardless of whether such child has been suspended or expelled from another public school program by that local board of education or its delegate, and to the parent, guardian, or other person residing in this state who has control or charge of such child. Nothing in this Code section shall be construed to require a local board of education or its delegate to assign a child to attend an alternative public school program rather than suspending or expelling the child. (b)(c) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not less than $25.00 and not greater than $100.00, imprisonment not to exceed 30 days, community service, or any combination of such penalties, at the discretion of the court having jurisdiction. Each day's absence from school in violation of this part after the child's school system notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence for a child shall constitute a separate offense. After two reasonable attempts to notify the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence without response, the school system shall send a notice to such parent, guardian, or other person by certified mail, return receipt requested. Public schools shall provide to the parent, guardian, or other person having control or charge of each child enrolled in public school a written summary of possible consequences and penalties for failing to comply with compulsory attendance under this Code section for children and their parents, guardians, or other persons having control or charge of children. The parent, guardian, or other person who has control or charge of a child or children shall sign a statement indicating receipt of such written statement of possible consequences and penalties; children who are age ten years or older by September 1 shall sign a statement indicating receipt of such written statement of possible consequences and penalties. After two reasonable attempts by the school to secure such signature or signatures, the school shall be considered to be in compliance with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, to such parent, guardian, other person who has control or charge of a child, or children. Public schools shall retain signed copies of statements through the end of the school year. (c)(d) Local school superintendents in the case of private schools or home study programs and visiting teachers and attendance officers in the case of public schools shall have authority and it shall be their duty to file proceedings in court to enforce this subpart. (e) An unemancipated minor who is older than the age of mandatory attendance as required in subsection (a) of this Code section who has not completed all requirements for a high school diploma who wishes to withdraw from school shall have the written THURSDAY, MARCH 30, 2006 5625 permission of his or her parent or legal guardian prior to withdrawing. Prior to accepting such permission, the school principal or designee shall convene a conference with the child and parent or legal guardian within two school days of receiving notice of the intent of the child to withdraw from school. The principal or designee shall make a reasonable attempt to share with the student and parent or guardian the educational options available, including the opportunity to pursue a general educational development (GED) diploma and the consequences of not having earned a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities. Every local board of education shall adopt a policy on the process of voluntary withdrawal of unemancipated minors who are older than the mandatory attendance age. The policy shall be filed with the Department of Education no later than January 1, 2007. The Department of Education shall provide annually to all local school superintendents model forms for the parent or guardian signature requirement contained in this subsection and updated information from reliable sources relating to the consequences of withdrawing from school without completing all requirements for a high school diploma. Such form shall include information relating to the opportunity to pursue a general educational development (GED) diploma and the consequences of not having earned a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities. Each local school superintendent shall provide such forms and information to all of its principals of schools serving grades six through twelve for the principals to use during the required conference with the child and parent or legal guardian." SECTION 2. Said subpart is further amended by striking Code Section 20-2-691, relating to minimum annual attendance required, and inserting in its place the following: "20-2-691. The minimum session of annual school attendance required under this subpart shall be for the full session or sessions of the school which the child is eligible to attend. Such attendance shall not be required where the child has successfully completed all requirements for a high school diploma grades." SECTION 3. Said subpart is further amended by striking Code Section 20-2-693, relating to exemptions to compulsory attendance, and inserting in its place the following: "20-2-693. (a) Children between their seventh and sixteenth birthdays during the ages of mandatory attendance as required in subsection (a) of Code Section 20-2-690.1 who are excused from attendance in public school by county or independent school system boards in accordance with general policies and regulations promulgated by the State Board of Education shall be exempt from this subpart. The state board, in promulgating 5626 JOURNAL OF THE HOUSE its general policies and regulations, shall take into consideration sickness and other emergencies which may arise in any school community. (b) Children between their seventh and sixteenth birthdays during the ages of mandatory attendance as required in subsection (a) of Code Section 20-2-690.1 who are excused from attendance at private schools or home study programs for sickness or emergencies or for other reasons substantially the same as the reasons for excused absences from attendance at public school authorized by state board policy pursuant to subsection (a) of this Code section shall be exempt from this subpart." SECTION 3.1. Part 5 of Article 22 of Chapter 2 of Title 20, relating to school buses, is amended by striking Code Section 20-2-1127, relating to a schedule of school bus routes, in its entirety and inserting in place thereof the following: "20-2-1127. Each public school system in this state shall make accessible a schedule of school bus routes that indicate the morning pickup route beginning time and the afternoon school bell time as well as the total number of stops on each school bus route. The time for the bus arrival at each stop will be commensurate with the route beginning time and prescribed stop sequence, except in unforeseen circumstances. This provision shall not apply to portal-to-portal special needs student transportation or special alternative instructional transportation programs Reserved." SECTION 4. Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance, is amended by inserting a new subpart to be designated Subpart 2A to read as follows: "Subpart 2A 20-2-705. (a) As used in this Code section, the term: (1) 'Clubs and organizations' means clubs and organizations comprised of students who wish to organize and meet for common goals, objectives, or purposes and which is directly under the sponsorship, direction, and control of the school. This term shall include any activities reasonably related to such clubs and organizations, but shall not include competitive interscholastic activities or events. (2) 'Competitive interscholastic activity' means functions held under the auspices or sponsorship of a school that involves its students in competition between individuals or groups representing two or more schools. This term shall include cheerleading, band, and chorus. (b) Each local board of education shall include in the student code of conduct distributed annually at the beginning of each school year pursuant to Code Section 202-736 information regarding school clubs and organizations. Such information shall include without limitation the name of the club or organization, mission or purpose of THURSDAY, MARCH 30, 2006 5627 the club or organization, name of the club's or organization's faculty advisor, and a description of past or planned activities. On the form included in the student code of conduct, as required in Code Section 20-2-751.5, the local board of education shall provide an area for a parent or legal guardian to decline permission for his or her student to participate in a club or organization designated by him or her. (c) For clubs or organizations started during the school year, the local board of education shall require written permission from a parent or guardian prior to a student's participation." SECTION 5. Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students, is amended in Code Section 20-2-735, relating to adoption of policies by local boards to improve student learning environment, by striking subsection (e) and inserting in lieu thereof the following: "(e) Parental involvement processes developed pursuant to this subpart shall be designed to create the expectation that parents and guardians, teachers, and school administrators will work together to improve and enhance student behavior and academic performance and will communicate freely their concerns about and actions in response to student behavior that detracts from the learning environment. The student code of conduct developed pursuant to this Code section shall encourage parents and guardians to inform their children on the consequences, including potential criminal penalties, of underage sexual conduct and crimes for which a minor can be tried as an adult." SECTION 6. Said part is further amended in Code Section 20-2-736, relating to student codes of conduct, distribution, disciplinary action for violations, and parental involvement, by striking subsection (a) and inserting in lieu thereof the following: "(a) At the beginning of each school year, local Local boards of education shall provide for the distribution of student codes of conduct developed pursuant to Code Section 20-2-735 to each student upon enrollment. Local boards of education shall provide for the distribution of such student codes of conduct to the parents or guardians of each student through such means as may best accomplish such distribution at the local level and are appropriate in light of the grade level of the student, including distribution of student codes of conduct to students and parents or guardians jointly. Local boards of education may solicit or require the signatures or confirmation of receipt of students and parents or guardians in acknowledgment of the receipt of such student codes of conduct, as may be suitable to the grade level of the student. A signature or confirmation of receipt may be obtained in writing, via electronic mail or facsimile, or by any other electronic or other means as designated by the local board. A parent or legal guardian that does not acknowledge receipt of the student code of conduct shall not be absolved of any responsibility with respect to the information 5628 JOURNAL OF THE HOUSE contained in the student code of conduct. In addition, student codes of conduct shall be available in each school and classroom." SECTION 7. Said part is further amended in Code Section 20-2-751.5, relating to student codes of conduct, safety rules on school buses, and distribution, by striking subsection (e) and inserting in lieu thereof the following: "(e) Any student handbook which is prepared by a local board or school shall include a copy or summary of the student code of conduct for that school or be accompanied by a copy of the student code of conduct for that school as annually distributed pursuant to Code Section 20-2-736. If a student handbook contains a summary of the student code of conduct, then a full copy of the student code of conduct shall be made available for review at the school. When distributing a student code of conduct, a local school shall include a form on which for acknowledgment of the student's parent or guardian's receipt may acknowledge of the code, and the local school shall request may solicit or require that the form be signed and returned to the school." SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Representative Reese of the 98th moved that the House adopt the report of the Committee of Conference on SB 413. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y 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 Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Mosby Mosley Y Mumford Y Murphy, J Y Murphy, Q Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons 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 E Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Teilhet Y Thomas, A.M THURSDAY, MARCH 30, 2006 5629 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 E 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 Lakly Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin On the motion, the ayes were 155, nays 0. Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker The motion prevailed. SB 500. By Senators Stephens of the 27th, Wiles of the 37th, Staton of the 18th and Hill of the 32nd: A BILL to be entitled an Act to provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to require all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on electronic recording voting systems; to provide for a pilot program during the 2006 November general election and any runoff therefrom in certain counties; to provide for related matters; 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 SB 500 The Committee of Conference on SB 500 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 500 be adopted. 5630 JOURNAL OF THE HOUSE Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Bill Stephens Senator, 27th District /s/ Austin Scott Representative, 153rd District /s/ Cecil Staton Senator, 18th District /s/ Sue Burmeister Representative, 119th District /s/ Horacena Tate Senator, 38th District /s/ James Mills Representative, 119th District A BILL To provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to provide for a pilot program during the 2006 November general election and any runoff therefrom in certain counties; to require that all electronic recording voting systems used in such pilot project produce a permanent paper record of the votes recorded on such systems for each voter; to provide that such voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on such electronic recording voting systems; 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. This Act shall be known and may be cited as the "2006 Georgia Accuracy in Elections Act." SECTION 2. Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, is amended by adding a new Code Section 21-2-379.12 to read as follows: "21-2-379.12. (a) The Secretary of State shall implement a pilot program providing for the use of direct recording electronic (DRE) voting equipment equipped and configured with an elector verified, permanent paper record of the votes cast by each elector on each DRE THURSDAY, MARCH 30, 2006 5631 unit in one precinct each in the Counties of Cobb, Bibb, and Camden in the 2006 November general election and any runoff from such election. (b)(1) Each DRE unit used in the pilot project shall meet the requirements of this subsection and shall be of the same general type from the same vendor or manufacturer as those DRE units in use in the state. (2) Each DRE unit used by the counties in the pilot project shall have received national qualification and shall have passed state certification for use in elections. For the purposes of this Code section, the Secretary of State is authorized to provide for a conditional certification of the units which shall expire on December 31, 2006. (3) Each unit shall produce an elector verified, permanent paper record of the votes cast by each elector on such device and shall provide the elector with an opportunity to review the permanent paper record privately and independently before casting his or her vote on the unit and to change his or her ballot or correct any error in such record or vote; provided, however, that it shall not allow the elector to have actual physical possession of such record. Each unit shall bear a unique identifying number and each unit shall be equipped with a storage device that: (A) Stores each of the elector verified, permanent paper records at the same time as such elector's votes are stored electronically by the DRE unit; (B) Bears the same unique identifying number as the DRE unit to which it is attached; and (C) Can be removed from the DRE unit for the purpose of transporting the permanent paper records contained therein to a central tabulating center. (c) In those counties constituting the pilot project in the 2006 November general election and any runoff therefrom, each duly qualified elector shall cast his or her vote on a DRE unit by touching the screen or pressing the appropriate button on the unit for the candidate or issue of such elector's choice. After having the opportunity to vote in all races and upon all questions in which the elector is eligible to vote, the unit shall display a summary of the choices which the elector has made. At that time, the elector shall also be notified of any races or questions in which the elector did not make a selection and all other choices of the elector shall be displayed for the elector's review. The elector shall have the opportunity to change any choices which the elector made in voting the ballot and be allowed to vote in those races and on those questions in which the elector did not previously make a selection or cast a vote, and the elector shall again be presented with a summary display of his or her choices. After the summary screen is displayed and the elector desires to make no further changes to his or her votes, the elector shall be notified that he or she is about to cast the ballot. Prior to the elector casting his or her vote on the unit, the unit shall print a permanent paper record of the elector's votes. The elector shall then review such permanent paper record and, if such record is correct, the elector shall then press the appropriate button on the unit or location on the screen to actually cast his or her ballot and cause such votes to be recorded, which shall also cause the permanent paper record to be deposited in a ballot box or other secure container. If the votes shown on the permanent paper record are incorrect, the unit shall allow the elector to correct such error or errors by rejecting and 5632 JOURNAL OF THE HOUSE voiding the permanent paper record that was printed and changing such elector's votes on the unit. After making such corrections, the unit shall print a new permanent paper record for the elector's review. If the new record is correct, the elector shall then press the appropriate button on the unit or location on the screen to actually cast his or her ballot. If the new record is incorrect, the unit shall allow the voter to reject and void the new permanent paper record and again change the elector's votes on the unit. After making such corrections, the unit shall print a permanent paper record of the elector's votes and shall cause the elector's ballot to be cast and such votes to be recorded. The elector shall only be allowed to adjust his or her votes three times before casting the ballot. After pressing the appropriate button on the unit or location on the screen to cast the ballot, the elector's vote shall be final and shall not be subsequently altered. The permanent paper records shall be secured in locked ballot boxes or other secure containers at all times and such ballot boxes or containers shall not be opened nor shall such ballots be counted unless and until required to be counted pursuant to a recount or an election contest proceeding; provided, however, that the Secretary of State shall cause a complete manual audit to be performed on each DRE unit used in the pilot project for voting within 30 days following the 2006 November general election and within 30 days of any runoff of such election. The audit shall compare the results of the permanent paper records from each DRE unit with the electronic record recorded by the DRE unit. The results of such audits shall be made available to the public upon the completion of the audits. (d) The Secretary of State shall provide the DRE units and all necessary software, supplies, training, and support for the pilot project. (e) The State of Georgia shall provide the funding needed to implement such pilot project. (f) Not later than the second Monday in January, 2007, the Secretary of State shall conduct a public hearing in each of the pilot areas. A summary of the findings as well as the comments received shall be submitted to the General Assembly and made available to the general public. (g) This Code section shall be repealed by operation of law on February 1, 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. Representative Scott of the 153rd moved that the House adopt the report of the Committee of Conference on SB 500. On the motion, the roll call was ordered and the vote was as follows: THURSDAY, MARCH 30, 2006 5633 E Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks 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 Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Graves, D Y Graves, T Y Greene Hanner 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, E 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 Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows Y Millar Y Mills Y Mitchell Morgan Y Morris Y Mosby Y Mosley 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 Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner 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 motion, the ayes were 151, nays 0. The motion prevailed. HB 173. By Representative Lunsford of the 110th: A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. 5634 JOURNAL OF THE HOUSE The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 173 The Committee of Conference on HB 173 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 173 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ James L. Whithead, Sr. Senator, 24th District /s/ John Lunsford Representative, 110th District /s/ Ronnie Chance Senator, 16th District /s/ Vance Smith, Jr. Representative, 129th District /s/ Mitch Seabaugh Senator, 28th District /s/ Tom Graves Representative, 12th District A BILL To amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations which refurbish and operate historic military aircraft for educational purposes; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, is amended by striking paragraph (14) of subsection (a) and inserting in its place a new paragraph (14) to read as follows: "(14)(A) Property which is owned by and used exclusively as the headquarters, post home, or similar facility of a veterans organization. As used in this paragraph, the term 'veterans organization' means any organization or association chartered by the Congress of the United States which is exempt from federal income taxes but only if such organization is a post or organization of past or present members of the armed forces of the United States organized in the State of Georgia with at least 75 percent THURSDAY, MARCH 30, 2006 5635 of the members of which are past or present members of the armed forces of the United States, and where no part of the net earnings of which inures to the benefit of any private shareholder or individual; or (B) Property which is owned by and used exclusively by any veterans organization which is qualified as a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and which has been organized for the purpose of refurbishing and operating historic military aircraft acquired from the federal government and other sources, making such aircraft airworthy, and putting such aircraft on display to the public for educational purposes; and" SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 2006, statewide general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following: "( ) YES Shall the Act be approved which expands the ad valorem tax exemption for veterans organizations to include certain additional ( ) NO nonprofit veterans organizations which refurbish and operate historic military aircraft for educational purposes?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 2007, and shall apply to all taxable years beginning on or after that date. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Lunsford of the 110th moved that the House adopt the report of the Committee of Conference on HB 173. 5636 JOURNAL OF THE HOUSE On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Y Barnes Y Bearden Beasley-Teague Benfield Benton Y 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 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 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 McClinton Y Meadows Y Millar 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 Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 156, nays 0. The motion prevailed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate adheres to its disagreement to the House substitutes and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bills of the Senate: THURSDAY, MARCH 30, 2006 5637 SB 64. By Senator Douglas of the 17th: A BILL to be entitled an Act to amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to repeal the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; 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: Douglas of the 17th, Kemp of the 46th, and Mullis of the 53rd. SB 572. By Senators Goggans of the 7th, Stephens of the 27th, Williams of the 19th, Douglas of the 17th, Pearson of the 51st and others: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to establish and define a crime of medical assistance managed care fraud; to change certain provisions relating to administrative hearings and appeals; 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: Goggans of the 7th, Whitehead of the 24th, and Chapman of the 3rd. The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 1097. By Representatives McCall of the 30th, Smith of the 129th, Scheid of the 22nd, Channell of the 116th, Floyd of the 147th and others: A BILL to be entitled an Act to amend Code Section 32-6-75 of the Official Code of Georgia Annotated, relating to restrictions on outdoor advertising signs authorized by Code Section 32-6-72 on the interstate system, primary highways, and other highways, so as to provide that no such signs may advertise the availability of certain entertainment which appeals to the prurient interest; to prohibit erecting certain signs having two faces on one visible side after a certain date; to permit certain types of nonmechanical multiple message signs subject to certain limitations; to impose certain height limitations on erecting such outdoor advertising signs subject to certain conditions after a certain date; to provide for procedures relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. 5638 JOURNAL OF THE HOUSE The Senate insists on its substitute to the following bill of the House: HB 1053. By Representatives Mills of the 25th, Rice of the 51st, Ehrhart of the 36th, Keen of the 179th, Fleming of the 117th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the national motto, "In God We Trust"; to provide for a portion of the revenue to go to the Boy Scouts of America; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitutes to the following bills of the Senate: SB 37. By Senator Johnson of the 1st: A BILL to be entitled an Act to provide for a homestead exemption from City of Richmond Hill ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. SB 38. By Senator Johnson of the 1st: A BILL to be entitled an Act to provide for a homestead exemption from Bryan County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. SB 39. By Senator Johnson of the 1st: A BILL to be entitled an Act to provide for a homestead exemption from Bryan County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; THURSDAY, MARCH 30, 2006 5639 to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. SB 40. By Senator Johnson of the 1st: A BILL to be entitled an Act to provide for a homestead exemption from City of Pembroke ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. SB 520. By Senators Johnson of the 1st, Kemp of the 46th, Douglas of the 17th and Hill of the 32nd: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to authorize the Board of Public Safety to provide a badge and revolver to sworn officers as compensation under certain circumstances; to authorize the commissioner to provide certain uniforms and equipment to all sworn members of the Department of Public Safety; to change certain provisions relating to the provision of uniforms and equipment to members of the Uniform Division and the retention of weapons and badges upon retirement of certain members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon: SB 64. By Senator Douglas of the 17th: A BILL to be entitled an Act to amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to repeal the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes. Representative Roberts of the 154th moved that the House adhere to its position in insisting on its substitute to SB 64 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. 5640 JOURNAL OF THE HOUSE The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Keen of the 179th, Martin of the 47th, and Roberts of the 154th. 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 1053. By Representatives Mills of the 25th, Rice of the 51st, Ehrhart of the 36th, Keen of the 179th, Fleming of the 117th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the national motto, "In God We Trust"; to provide for a portion of the revenue to go to the Boy Scouts of America; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Representative Rice of the 51st moved that the House insist on its position in disagreeing to the Senate substitute to HB 1053 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 Rice of the 51st, Dollar of the 45th, and Mills of the 25th. 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 572. By Senators Goggans of the 7th, Stephens of the 27th, Williams of the 19th, Douglas of the 17th, Pearson of the 51st and others: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance THURSDAY, MARCH 30, 2006 5641 generally, so as to establish and define a crime of medical assistance managed care fraud; to change certain provisions relating to administrative hearings and appeals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Representative Cooper of the 41st moved that the House adhere to its position in insisting on its substitute to SB 572 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 Sheldon of the 105th, Cooper of the 41st, and Graves of the 137th. The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon: HB 1053. By Representatives Mills of the 25th, Rice of the 51st, Ehrhart of the 36th, Keen of the 179th, Fleming of the 117th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the national motto, "In God We Trust"; to provide for a portion of the revenue to go to the Boy Scouts of America; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent 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 1053 The Committee of Conference on HB 1053 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1053 be adopted. 5642 JOURNAL OF THE HOUSE Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Brian P. Kemp Senator, 46th District /s/ James Mills Representative, 25th District /s/ Greg Goggans Senator, 7th District /s/ Matt Dollar Representative, 45th District /s/ Tolleson Senator, 20th District /s/ Tom Rice Representative, 51st District A BILL To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to define certain terms; to change certain provisions relating to commemorative license plates for Georgia organizations, promotional agreements, and fees; to repeal and reserve certain provisions regarding special license plates; to provide for special license plates promoting beneficial projects and supporting worthy agencies, funds, or nonprofit corporations, as determined by the General Assembly; to provide for issuance, renewal, fees, licensing agreements, applications, dedication of revenue, audits, and transfers relative to such special license plates; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-32.1, relating to commemorative license plates for Georgia organizations, promotional agreements, and fees, and inserting in lieu thereof the following: "40-2-32.1. (a) In the event the General Assembly enacts any law approving the sale of commemorative license plates recognizing Georgia organizations or institutions, including educational institutions, civic associations, and social organizations, the commissioner shall approve the form of any such license plates and shall be authorized to enter into any agreements with private parties for the purpose of promoting the sale of any such license plates. THURSDAY, MARCH 30, 2006 5643 (b) Beginning in calendar year 1998, 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 commemorative license plate pursuant to the enactment of a law by the General Assembly and approval by the commissioner in accordance with subsection (a) of this Code section. Revalidation decals, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, shall be issued for any such commemorative license plates in the same manner as provided for general issue license plates. (c) Any such agreements for the purpose of promoting the sale of commemorative license plates may authorize the manufacturing fee to be apportioned, as determined by the commissioner, between the organization commemorated by the license plates, the vendor administering the sale and promotion of the license plates, and the State of Georgia All funds derived from the sale of license plates pursuant to this Code section, less a $1.00 processing fee which shall be granted to county tag offices per plate sold, shall be remitted to the state as provided by Code Section 40-2-34." SECTION 2. Said chapter is further amended in Code Section 40-2-34, relating to reports and remittances by tag agents, by adding a new subsection to read as follows: "(f) All funds derived from motor vehicle registrations or the sale of any license plates and remitted to the state shall be deposited in the general fund of the state treasury unless otherwise specifically authorized by the Constitution and provided for in this chapter." SECTION 3. Said chapter is further amended by repealing and reserving Code Section 40-2-48, relating to special license plates promoting the United States Disabled Athletes Fund. SECTION 4. Said chapter is further amended by repealing and reserving Code Section 40-2-49, relating to special license plates promoting the Nongame-Endangered Wildlife Program of the Georgia Department of Natural Resources. SECTION 5. Said chapter is further amended by repealing and reserving Code Section 40-2-49.1, relating to special license plates promoting the Bobwhite Quail Restoration Initiative. SECTION 6. Said chapter is further amended by repealing and reserving Code Section 40-2-86.3, relating to special license plates commemorating Civil War battlefields and historic sites. 5644 JOURNAL OF THE HOUSE SECTION 7. Said chapter is further amended by repealing and reserving Code Section 40-2-86.6, relating to special license plates promoting conservation and enhancement of trout populations. SECTION 8. Said chapter is further amended by repealing and reserving Code Section 40-2-86.13, relating to special license plates promoting historic preservation efforts. SECTION 9. Said chapter is further amended by repealing and reserving Code Section 40-2-86.15, relating to special license plates promoting NASCAR or promoting bicycle safety. SECTION 10. Said chapter is further amended by repealing and reserving Code Section 40-2-86.16, relating to special license plates honoring families with a member serving in the military. SECTION 11. Said chapter is further amended by repealing and reserving Code Section 40-2-86.17, relating to "Support Georgia Troops" special license plates. SECTION 12. Said chapter is further amended by adding a new Code section to read as follows: "40-2-86.18. (a)(1) As used in this Code section, the term: (A) 'Manufacturing fee' means a $25.00 fee paid at the time a metal special license plate is issued. (B) 'Special tag renewal fee' means a $25.00 fee paid at the time a revalidation decal is issued for a special license plate. (2) The General Assembly has determined that the issuance of special license plates to support an agency or fund or a program beneficial to the people of this state that is administered by a nonprofit corporation organized under Section 501(c)(3) of Title 26 of the Internal Revenue Code and dedicating a portion of the funds raised from the sale of these special license plates is in the best interests of the people of this state. Therefore, the special license plates listed in subsection (n) of this Code section shall be issued by the department beginning on July 1, 2007, if all of the requirements of subsections (b) through (k) of this Code section have been satisfied. The license plates listed in subsection (m) of this Code section shall continue to be issued as long as they continue to meet the requirements of subsections (b), (c), (f), (g), (i), (j), and (k) of this Code section. (b) The agency, fund, or nonprofit corporation sponsoring the special license plate, in cooperation with the commissioner, shall design special distinctive license plates appropriate to promote the program benefited by the sale of the special license plate. THURSDAY, MARCH 30, 2006 5645 The special 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. The agency, fund, or nonprofit corporation sponsoring the license plate 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 provisions of subsection (b) of this Code section, no special license plate shall be produced 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 produce the special license plate. The design of the initial edition of any special license plate, 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 on January 1, 2007, 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 the manufacturing fee and the special tag renewal fee in addition to the regular motor vehicle registration fee shall be able to apply for a special license plate listed in subsection (n) of this Code section. Revalidation decals shall be issued for special license plates in the same manner as provided for general issue license plates. (e) The manufacturing fee and the special tag renewal fee derived from the sale of special license plates listed in subsection (n) of this Code section shall be apportioned as follows: $1.00 to the county tag agent, $2.00 to the department, $12.00 to be deposited into the general fund, and $10.00 to be dedicated to the sponsoring agency, fund, or nonprofit corporation as permitted by Article III, Section IX, Paragraph VI(n) of the Constitution. (f) Before the department disburses to the agency, fund, or nonprofit corporation funds from the sale of special license plates, the agency, fund, or nonprofit corporation must provide a written statement stating the manner in which such funds shall be utilized. In addition, a nonprofit corporation must provide the department with documentation of its nonprofit status under Section 501(c)(3) of Title 26 of the Internal Revenue Code. The purposes for which the funds shall be utilized must be the same as those specified in subsections (m) and (n) of this Code section authorizing the dedication to the agency, fund, or nonprofit corporation of revenue from the sale of special license plates. The agency, fund, or nonprofit corporation shall periodically provide to the commissioner 5646 JOURNAL OF THE HOUSE an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. If it is determined that the funds are not being used for the purposes set forth in the statement provided by the agency, fund, or nonprofit corporation, the department shall withhold payment of such funds until such noncompliance issues are resolved. (g) An applicant may request a special license plate any time during the applicant's registration period. If such a license plate is to replace a current valid license plate, the special license plate if issued under subsection (m) of this Code section shall be issued with appropriate decals attached upon payment of the manufacturing fee but without payment of the special tag renewal fee. However, special license plates issued under subsection (n) of this Code section shall be issued with appropriate decals attached upon payment of the manufacturing fee and the special tag renewal fee. (h) No special license plate authorized pursuant to subsection (n) of 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, 2007, 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. (i) 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 provided for 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 the special tag renewal 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 provided for in subsection (b) of Code Section 40-2-31, the sponsoring agency, fund, or nonprofit corporation shall be required again to obtain 1,000 applications accompanied by the manufacturing fee to continue to manufacture the special license plate. (j) Special license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (k) Special license plates shall be issued within 30 days of application once the requirements of this Code section have been met. (l) The commissioner is authorized and directed to establish procedures and promulgate rules and regulations to effectuate the purposes of this Code section. (m)(1) The General Assembly has determined that the existing special license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall continue to be issued for the purposes indicated and that all of the funds raised from the manufacturing fee and the special tag renewal fee, less a $1.00 fee to be paid to the county tag agent and a $2.00 manufacturing or special tag renewal fee to be paid THURSDAY, MARCH 30, 2006 5647 to the department, shall be disbursed to the agency, fund, or nonprofit corporation indicated in this subsection. (2) A special license plate promoting the United States Disabled Athletes Fund, for the support of disabled athletes. The funds raised by the sale of this special license plate shall be disbursed to the United States Disabled Athletes Fund. (3) Special license plates promoting the Nongame-Endangered Wildlife Program of the Georgia Department of Natural Resources. The funds raised by the sale of these special license plates shall be disbursed to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund of the Georgia Department of Natural Resources for the purposes enumerated in subsection (b) of Code Section 12-3-602. Such license plates shall not include a space for a county name decal but shall instead bear the legend 'Give Wildlife a Chance' in lieu of the name of the county of issuance. (4) A special license plate commemorating Civil War battlefields and historic sites. The funds raised by the sale of this special license plate shall be disbursed to the Civil War Commission for the acquisition of Civil War battlefields and associated Civil War historic sites in this state and for the maintenance, protection, and interpretation of the same as provided by Ga. L. 1993, p. 1952. (5) A special license plate promoting conservation and enhancement of trout populations. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to supplement trout restoration and management programs. (6) A special license plate promoting historic preservation efforts. The funds raised by the sale of this special license plate shall be disbursed to the Department of Natural Resources for use by the Historic Preservation Division to fund historic preservation programs in the state through the Georgia historic preservation grant program as otherwise authorized by law. (7) A special license plate promoting bicycle safety. The funds raised by the sale of this special license plate shall be disbursed to the Governor's Highway Safety Program administered by the Office of Highway Safety in the Department of Public Safety. (8) A special license plate honoring families with a member serving in the military. The funds raised by the sale of this special license plate shall be disbursed 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. (9) A special license plate promoting 'Support Georgia Troops.' The funds raised by the sale of this special license plate shall be disbursed 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. (10) A special license plate promoting NASCAR. The provisions of paragraph (1) of this subsection notwithstanding, from the additional $25.00 fee charged for the issuance and renewal of the NASCAR license plates authorized under this paragraph, $10.25 shall be used by the department for purchasing plates from the supplier of the 5648 JOURNAL OF THE HOUSE plates, as designated by NASCAR, and royalty costs, and $14.75 shall be disbursed to the Governor's Highway Safety Program administered by the Office of Highway Safety in the Department of Public Safety. (11) A special license plate supporting the Bobwhite Quail Restoration Initiative. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to conduct programs designed to enhance the bobwhite quail population in this state. Such programs may include the creation of habitat demonstration areas on state managed wildlife lands, education programs, technical assistance to private landowners in the creation and maintenance of bobwhite quail habitats on their lands, and projects to encourage public support for the license plate and the activities it funds. The Department of Natural Resources may enter into such contractual agreements as may be appropriate to further the objectives of the Bobwhite Quail Restoration Initiative, including entering into contractual agreements whereby private landowners, public agencies, or corporate entities create, preserve, or enhance habitat for bobwhite quail in return for the payment of incentives. Such license plate shall not include a space for a county decal but shall instead bear the legend 'Support Wildlife' in lieu of the name of the county of issuance. (n)(1) The General Assembly has determined that license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated and with a portion of the revenue being disbursed to the agency, fund, or nonprofit corporation indicated in this subsection. The revenue disbursement for the special license plates in this subsection shall be as described in subsection (e) of this Code section. (2) A special license plate for the Georgia Center for the Book to support the purchase of books for public libraries in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Center for the Book. (3) A special license plate for Children's Healthcare of Atlanta to support the work this pediatric hospital system does in the State of Georgia. The funds raised by the sale of this special license plate shall be disbursed to Children's Healthcare of Atlanta. (4) A special license plate for the Georgia War Veterans Nursing Home to support the implementation and operation of the Georgia War Veterans Nursing Home. The funds raised by the sale of this special license plate shall be disbursed to the Department of Veterans Service for use in operating the Georgia War Veterans Nursing Home. (5) A special license plate for the Georgia Automobile Racing Hall of Fame Association to promote the Georgia Automobile Racing Hall of Fame Association, which is devoted to preserving the history of automobile racing in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Automobile Racing Hall of Fame Association. (6) A special license plate for the Alzheimer's Association, Georgia Chapter, to help eliminate Alzheimer's disease through the advancement of research and to enhance care and support for individuals, their families, and caregivers. The funds raised by THURSDAY, MARCH 30, 2006 5649 the sale of this special license plate shall be disbursed to the Alzheimer's Association, Georgia Chapter. (7) A special license plate for the school health and physical education program to help fund school health and physical education programs. The funds raised by the sale of this special license plate shall be disbursed to the Department of Education. (8) A special license plate for stroke awareness, treatment, and prevention to support programs aiding stroke victims in Georgia. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Stroke Awareness' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Center for Telehealth of the Medical College of Georgia. (9) A special license plate for Project Lifesaver promoting the establishment of a Project Lifesaver or similar type of program by local law enforcement agencies. Project Lifesaver's mission is to use state of the art technology in assisting those who care for victims of Alzheimer's disease and other related mental dysfunction disorders and victims who become lost. The funds raised by the sale of this special license plate shall be disbursed to the Department of Public Safety or a nonprofit corporation organized exclusively for the purpose of establishing a Project Lifesaver or similar type of program by local law enforcement agencies. (10) A special license plate for pediatric cancer to raise funds to support the treatment of pediatric cancer. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Cure Kids Cancer' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Health to be deposited in the Indigent Care Trust Fund created by Code Section 31-8-152 to fund pediatric cancer screening and treatment related programs for those children who are medically indigent and may have cancer. (11) A special license plate for the child care industry to promote the child care industry by encouraging higher educational standards and providing for professional camaraderie for child care providers. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Support Improved Child Care' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Minority Alliance for Child Care Development Advocates, Inc., for the development of programs to help improve child care. (12) A special license plate to display the motto, 'In God We Trust.' The funds raised by the sale of this special license plate shall be disbursed to the Boy Scouts of America for the development of scouting programs. (13) A special license plate for child abuse prevention. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Prevent Child Abuse' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Foster Family Foundation of Georgia for the development of programs to help victims of child abuse. 5650 JOURNAL OF THE HOUSE (14) A special license plate for the Thanks Mom and Dad Fund. The funds raised by the sale of this special license plate shall be disbursed to the Department of Human Resources to address the key needs of the state's older population or a nonprofit corporation organized to serve the needs of the state's older population. (15) A special license plate for pediatric cancer research. The funds raised by the sale of this special license plate shall be disbursed to the Joanna McAfee Childhood Cancer Foundation for support of pediatric cancer research. (16) A special license plate for supporting beautification projects in Cobb County. The funds raised by the sale of this special license plate shall be disbursed to Keep Cobb Beautiful, Inc., for support of beautification projects in Cobb County. (17) A special license plate for the AIDS Survival Project. The funds raised by the sale of this special license plate shall be disbursed to the AIDS Survival Project which is committed to providing people living with HIV the information and support they need to live healthy and productive lives. (18) A special license endorsing 'Support Our Troops.' The funds raised by the sale of this special license plate shall be disbursed to Georgia Support Our Troops, Inc. (19) A special license plate for the Sons of Confederate Veterans. The funds raised by the sale of this special license plate shall be disbursed to Georgia Sons of Confederate Veterans. (20) A special license plate for amyotrophic lateral sclerosis (ALS), also known as 'Lou Gehrig's disease,' to support research and education on amyotrophic lateral sclerosis. The funds raised by the sale of this special license plate shall be disbursed to the ALS Association of Georgia. (21) A special license plate for foster parents to support programs for foster parents in Georgia. The funds raised by the sale of this special license plate shall be disbursed to The Adoptive and Foster Parent Association of Georgia, Inc., for support of foster parents in Georgia. (22) A special license plate for the Atlanta Braves Foundation to assist the charities supported by the foundation. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Affairs or such other public agency or nonprofit corporation as may be designated. (23) A special license plate for the Atlanta Falcons Foundation to assist the charities supported by the foundation. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Affairs or such other public agency or nonprofit corporation as may be designated. (24) A special license plate for supporting beautification projects in Georgia. The funds raised by the sale of this special license plate shall be disbursed to Keep Georgia Beautiful Foundation, Inc., for support of beautification projects in Georgia. (25) A special license plate displaying the logo of Choose Life, Inc. The words 'Choose Life' must appear at the bottom. The funds raised by the sale of this special license plate shall be disbursed to Choose Life of Georgia, Inc., to be distributed among nonprofit corporations in Georgia that counsel women to consider adoption. THURSDAY, MARCH 30, 2006 5651 (26) A special license plate supporting education on the maritime history of Georgia's coast. The funds raised by the sale of this special license plate shall be disbursed to The Georgia Maritime Foundation, Inc., for use in programs supporting education on the maritime history of Georgia. (27) A special license plate supporting programs for persons with brain-related disorders and disabilities. The funds raised by the sale of this special license plate shall be disbursed to Pilot International, for support of programs for persons with brain-related disorders in Georgia. (28) A special license plate supporting agriculture in Georgia. The funds raised by the sale of this special license plate shall be evenly split between Georgia 4-H and the Georgia Association of Future Farmers of America to fund projects promoting agriculture in Georgia. (29) A special license plate promoting the Georgia equine industry. The funds raised by the sale of this special license plate shall be disbursed to the Agricultural Commodity Commission for Equines. (30) A special license plate promoting African American history and tourism in Georgia. The funds raised by the sale of this special license plate shall be disbursed to organizations dedicated to the preservation of African American history in Georgia. (31) A special license plate honoring veterans who have been awarded the Bronze Star. The funds raised by the sale of this special license plate shall be disbursed to the National Guard Family Foundation." SECTION 13. (a) This Act shall become effective on January 1, 2007, except as otherwise provided in subsection (b) of this section. (b) If an amendment to the Constitution of the State of Georgia authorizing the dedication of revenue from sales of special license plates to agencies, funds, or nonprofit corporations designated by the General Assembly is not ratified at the general election in 2006, this Act shall be repealed in its entirety on January 1, 2007, and no such motor vehicle license plates shall be issued pursuant to this Act. SECTION 14. All laws and parts of laws in conflict with this Act are repealed. Representative Mills of the 25th moved that the House adopt the report of the Committee of Conference on HB 1053. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Y Crawford Y Cummings Y Davis Y Day Dean Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Martin Y Maxwell Y May McCall McClinton Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler 5652 JOURNAL OF THE HOUSE Y Barnes 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 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 Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Howard, E 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 Lucas Y Lunsford Y Maddox Y Mangham Y Manning Marin Y Meadows E Millar 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 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 N Roberts Y Rogers Y Royal Rynders N 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 E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 152, nays 2. The motion prevailed. HB 1412. By Representatives Smith of the 168th, Mosley of the 178th, Stephens of the 164th, Royal of the 171st and Bridges of the 10th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, 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 require the use of clean and renewable fuels in certain vehicles operated by certain government entities under certain circumstances; to provide for legislative findings and declarations; to provide for related matters; to repeal conflicting laws; and for other purposes. The following report of the Committee of Conference was read: THURSDAY, MARCH 30, 2006 5653 COMMITTEE OF CONFERENCE REPORT ON HB 1412 The Committee of Conference on HB 1412 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1412 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ John Bulloch Senator, 11th District /s/ Tommy Smith Representative, 168th District /s/ Seth Harp Senator, 29th District /s/ Jay Roberts Representative, 154th District /s/ Brian Kemp Senator, 46th District /s/ Tom McCall Representative, 30th District A BILL To amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, so as to prohibit the production, offering for sale, or sale of biodiesel fuel for certain purposes unless such fuel meets certain standards; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, 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 encourage the use of clean renewable fuels in certain vehicles operated by certain government entities under certain circumstances; to provide for legislative findings and declarations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly finds and declares as follows: (1) Georgia currently consumes nearly 6.5 billion gallons of gasoline and diesel fuel annually; (2) Petroleum is imported primarily from outside the United States; (3) Using clean alternative fuels instead of fossil fuels will provide for a cleaner environment by reducing water and air contamination; 5654 JOURNAL OF THE HOUSE (4) In particular, the use of clean renewable fuels such as biodiesel blend and ethanol blend will provide additional benefits for the State of Georgia; (5) Georgia has the potential to create a biofuels industry that would serve as a model for the South and thereby attract additional new industries; (6) This biofuels industry could add over $1 billion of economic activity to Georgia and increase the state's income tax collections by over $10 million annually; (7) Nearly 500 direct and over 1,000 indirect jobs would be created by the Georgia biofuels industry; and (8) Creating this industry will add additional value to Georgia's agricultural and forestry commodities, including biomass, and support land values in rural Georgia. SECTION 2. Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, is amended by adding a new Code section to read as follows: "10-1-151.1. It shall be unlawful for any person to produce, offer for sale, or sell any biodiesel fuel to be used in blending such biodiesel fuel with petroleum diesel fuel to create a blended fuel for subsequent sale for use in diesel engines unless the biodiesel fuel meets the specifications of American Society for Testing and Materials Standard D 6751." SECTION 3. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by inserting immediately following Code Section 20-2-504 a new Code section to read as follows: "20-2-504.1. (a) As used in this Code section, the term: (1) 'Biodiesel blend' means a blended fuel containing petroleum diesel fuel with a minimum level of 2 percent biodiesel fuel. (2) 'Biodiesel fuel' means a fuel that meets the specifications of American Society for Testing and Materials Standard D 6751. (3) 'Clean renewable fuel' means biodiesel blend or ethanol blend. (4) 'Ethanol blend' means fuel meeting the American Society for Testing and Materials specification with a minimum level of 5 percent ethanol. (b) On and after January 1, 2007, each local school district is encouraged to use clean renewable fuel in any gasoline or diesel motor vehicle or equipment it operates whenever such fuel is compatible with the technology of the vehicle or equipment and is reasonably available at a cost similar to that of conventional fuel. (c) On and after January 1, 2007, local school districts are encouraged to enter into contracts to purchase or lease motor vehicles and equipment that are capable of being powered by clean renewable fuel or other alternative fuel if motor vehicles and equipment capable of being powered by such a clean renewable fuel are suitable for the THURSDAY, MARCH 30, 2006 5655 intended use and such motor vehicles and equipment are reasonably available at a cost similar to that of comparable conventionally fueled vehicles and equipment." SECTION 4. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by inserting a new Code section immediately following Code Section 36-60-23 to read as follows: "36-60-24. (a) As used in this Code section, the term: (1) 'Biodiesel blend' means a blended fuel containing petroleum diesel fuel and a minimum level of 2 percent biodiesel fuel. (2) 'Biodiesel fuel' means a fuel that meets the specifications of American Society for Testing and Materials Standard D 6751. (3) 'Clean renewable fuel' means biodiesel blend or ethanol blend. (4) 'Ethanol blend' means fuel meeting the American Society for Testing and Materials specification with a minimum level of 5 percent ethanol. (b) On and after January 1, 2007, each county and municipal corporation is encouraged to use clean renewable fuel in any gasoline or diesel motor vehicle or equipment it operates whenever such fuel is compatible with the technology of the vehicle or equipment and is reasonably available at a cost similar to that of conventional fuel. (c) On and after January 1, 2007, counties or municipal corporations are encouraged to enter into contracts to purchase or lease motor vehicles and equipment that are capable of being powered by clean renewable fuel or other alternative fuel if motor vehicles and equipment capable of being powered by such a clean renewable fuel are suitable for the intended use and such motor vehicles and equipment are reasonably available at a cost similar to that of comparable conventionally fueled vehicles and equipment." SECTION 5. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by inserting a new Code section immediately following Code Section 50-19-6 to read as follows: "50-19-6.1. (a) As used in this Code section, the term: (1) 'Biodiesel blend' means a blended fuel containing petroleum diesel fuel with a minimum level of 2 percent biodiesel fuel. (2) 'Biodiesel fuel' means a fuel that meets the specifications of American Society for Testing and Materials Standard D 6751. (3) 'Clean renewable fuel' means biodiesel blend or ethanol blend. (4) 'Ethanol blend' means fuel meeting the American Society for Testing and Materials specification with a minimum level of 5 percent ethanol. (b) On and after January 1, 2007, each office, agency, department, board, bureau, commission, institution, authority, or other entity of the state is encouraged to use clean renewable fuel in any gasoline or diesel motor vehicle or equipment it operates 5656 JOURNAL OF THE HOUSE whenever such fuel is compatible with the technology of the vehicle or equipment and is reasonably available at a cost similar to that of conventional fuel. (c) On and after January 1, 2007, offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or any other entities of the state are encouraged to enter into contracts to purchase or lease motor vehicles and equipment that are capable of being powered by clean renewable fuel or other alternative fuel if motor vehicles and equipment capable of being powered by such a clean renewable fuel are suitable for the intended use and such motor vehicles and equipment are reasonably available at a cost similar to that of comparable conventionally fueled vehicles and equipment." SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Representative Smith of the 168th moved that the House adopt the report of the Committee of Conference on HB 1412. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Anderson Y Ashe Barnard Barnes Y Bearden 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 Casas Y Chambers Y Channell Y Cheokas Y Coan Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y 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 Harbin Y Hatfield Y Heard, J Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Knight Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar 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 Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Sailor Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E 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 THURSDAY, MARCH 30, 2006 5657 Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Lunsford Maddox Y Mangham Y Manning Y Marin Rice Y Roberts Y Rogers Y Royal Y Rynders Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 148, nays 0. 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. HB 1211. By Representatives Reese of the 98th, Lane of the 158th, Ralston of the 7th, Holt of the 112th, Crawford of the 127th 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 the Southern Appalachian brook trout as the official state cold water game fish; to provide for legislative findings; 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 1211 The Committee of Conference on HB 1211 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1211 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Preston W. Smith Senator, 52nd District /s/ Bobby Reece Representative, 98th District /s/ Jeff E. Mullis Senator, 53rd District /s/ Lane Representative, 158th District /s/ Ross Tolleson Senator, 20th District /s/ Burke Day Representative, 163rd District 5658 JOURNAL OF THE HOUSE A BILL To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Southern Appalachian brook trout as the official state cold water game fish; to designate the red drum as the official state saltwater fish; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) The General Assembly finds and determines that: (1) The Southern Appalachian brook trout is one of nature's most exquisite forms of art with its brilliant colors and intricate patterns; (2) The Southern Appalachian brook trout makes its home in the clean, cold, crystal clear waters of the North Georgia mountains and is Georgia's only native Salmonid species; (3) Throughout our state's history, our citizens have prized the Southern Appalachian brook trout for its tasty flesh and plentiful numbers; (4) Over the past century, however, extensive logging has decimated brook trout waters through sedimentation and erosion of habitat and, when nonnative trout were stocked to replace lost populations, the brook trout could not compete and were driven to higher elevation streams where they remain today; (5) The brook trout is also subject to harm today from acid rain that is deposited in the high mountains and ridges of our state from air pollution; (6) The protection of the Southern Appalachian brook trout has become a major conservation concern and the inclusion of the Southern Appalachian brook trout in our official state symbols list could possibly contribute to the efforts to protect this magnificent state natural resource; (7) The Southern Appalachian brook trout is an excellent indicator of water and air quality and declines in their numbers can serve as early warning signs that environmental conditions may be deteriorating in our watersheds; and (8) Establishing an official state cold water game fish is necessary to fully recognize our diverse wildlife and the Southern Appalachian brook trout is deserving of the attention and appreciation of the citizens of this state by designation as the official state cold water fish. (b) The General Assembly further finds and declares as follows: (1) The red drum, also known as redfish, spottail bass, and channel bass, is highly prized by Georgia's citizens as a worthy adversary on the end of a fishing line and an epicurean delight on the table; (2) A visually stunning specimen of marine life, the red drum varies in color from a pale pink to a deep bronze. The false-eye spot found near the tail is a unique characteristic as is the powder blue markings on the fringe of the tail; THURSDAY, MARCH 30, 2006 5659 (3) The red drum is found from the smallest tidal creek to the crashing surf on lonely barrier islands to the depths of the Atlantic Ocean and thus is symbolic of the link between the diversity of habitats found along Georgia's coast; (4) A long-lived species, red drum are known to reach an age in excess of 50 years. A single female may produce billions of eggs over a lifetime; (5) Prior to the mid-1980s, Georgia's red drum population was in jeopardy from the over harvesting of immature fish and adults; (6) State biologists and concerned anglers saw the need for conservation of this magnificent species and advocated for the first harvest regulations implemented by the General Assembly in 1986; (7) Year in and year out, red drum rank among the top three species caught and kept by Georgia salt-water anglers. Georgia's human population continues to increase and the number of salt-water anglers seeking red drum increase along with it; (8) Because of the red drum's importance to Georgia anglers, the landmark Peach State Reds Initiative will investigate the feasibility of using hatchery reared red drum as a fishery management tool while providing additional much needed science based information; (9) A survey of the Coastal Conservation Association of Georgia's membership revealed that nearly 50 percent were in favor of the red drum becoming Georgia's state salt-water fish; and (10) Establishing an official state salt-water fish is necessary to fully recognize the importance of our coastal fisheries to our state, and the red drum is deserving of the attention and appreciation of the citizens of this state by designation as the official state salt-water fish. SECTION 2. Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, is amended by adding a new Code section to read as follows: "50-3-82. The Southern Appalachian brook trout is designated as the official Georgia cold water game fish." SECTION 3. Said article is further amended by adding a new Code section to read as follows: "50-3-83. The red drum is designated as the official Georgia salt-water fish." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Reese of the 98th moved that the House adopt the report of the Committee of Conference on HB 1211. 5660 JOURNAL OF THE HOUSE On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Anderson Y Ashe Y 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 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 Davis Y Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 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, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins N Jennings Y Johnson Jones, J Jones, S Jordan Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Y Martin Y Maxwell May Y McCall McClinton Meadows E Millar 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 Rynders 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 E 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 Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 151, nays 1. The motion prevailed. HB 1090. By Representatives Harbin of the 118th, Fleming of the 117th, Burmeister of the 119th and Rogers of the 26th: A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the O.C.G.A., relating to contracts for public works, and Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, so as to THURSDAY, MARCH 30, 2006 5661 provide that a contractor that is more than 30 days behind in the performance of a state public works construction contract or a construction or maintenance contract with the Department of Transportation due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contract is brought current or is completed; 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 HB 1090 The Committee of Conference on HB 1090 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1090 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ James L. Whitehead, Sr. Senator, 24th District /s/ John Lunsford Representative, 110th District /s/ Bill Stevens Senator, 27th District /s/ Vance Smith, Jr. Representative, 129th District /s/ Pearson Senator, 51st District /s/ Tom Graves Representative, 12th District A BILL To amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, and Articles 1 and 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, so as to provide that a contractor that is more than 25 percent behind in the performance of certain contracts due to the fault of such contractor shall not be eligible to bid on any additional state agency public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contracts is brought current or is completed; to provide for a determination of fault; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 5662 JOURNAL OF THE HOUSE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, is amended by adding a new Article 3 to read as follows: "ARTICLE 3 13-10-100. (a) A contractor that is found to be more than 25 percent behind in the performance of any combination of two or more of any of the following: (1) State agency public works construction contracts; or (2) Department of Transportation construction or maintenance contracts based on a final determination that such delay was due to the fault of such contractor shall not be eligible to bid on any additional state agency public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contracts is brought current or is completed. (b) The determination of whether such contractor is behind in its performance and the cause of such delay shall be made in accordance with all applicable contract terms and provisions, including the requirements for determination of the contract time of performance, the contractor's right to request a time extension, resolution of any controversy or dispute involving the time of performance, mediation, and all subsequent procedures or processes available under or allowed by the contract, to finally resolve any such controversy. Before such final determination is applied against a contractor, the determination may be appealed de novo to the applicable court." SECTION 2. Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, is amended by striking paragraph (2) of subsection (a) of Code Section 32-2-2, relating to powers and duties of the Department of Transportation, in its entirety and inserting in its place the following: "(2) Except for In addition to appropriations to authorize the issuance of general obligation debt for public road work, or to pay such debt, the department shall be the state agency to receive and shall have control and supervision of all funds appropriated only be authorized to receive such funds as the General Assembly may appropriate to the department for public road work by the state and activities incident thereto from the net proceeds of motor fuel tax, as provided in Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia and any other funds appropriated or provided for by law for such purposes or for performing other functions of the department. If the General Assembly fails to appropriate all of the net proceeds of the motor fuel tax to the department any state agency, to the State of Georgia General Obligation Debt Sinking Fund, and to counties for public road work and activities THURSDAY, MARCH 30, 2006 5663 incident thereto, any such unappropriated part of such funds, exclusive of those proceeds required by law to be provided as grants to counties for the construction and maintenance of county roads, shall be made available to the department by the director of the Office of Treasury and Fiscal Services, notwithstanding any provisions to the contrary in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act';" SECTION 3. Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, is amended by adding a new Code Section 32-2-66.1 to read as follows: "32-2-66.1. (a) A contractor that is found to be more than 25 percent behind in the performance of any combination of two or more of any of the following: (1) Department of Transportation construction or maintenance contracts; or (2) State agency public works contracts due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contracts is brought current or is completed. (b) The determination of whether such contractor is behind in its performance and the cause of such delay shall be made by the Department of Transportation and shall be in accordance with all applicable contract terms and provisions, including the requirements for determination of the contract time of performance, the contractor's right to request a time extension, resolution of any controversy or dispute involving the time of performance, mediation, and all subsequent procedures or processes available under or allowed by the contract, to finally resolve any such controversy. Before such final determination is applied against a contractor, the determination may be appealed de novo to the applicable court." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Representative Graves of the 12th moved that the House adopt the report of the Committee of Conference on HB 1090. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson N Anderson N Crawford N Cummings Y Davis Hill, C.A N Holmes Y Holt Y Martin Y Maxwell Y May N Sailor Y Scheid Y Scott, A 5664 JOURNAL OF THE HOUSE N Ashe Y Barnard Barnes Bearden N 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 Burmeister N Burns Y Butler Y Byrd N Carter Y Casas Y Chambers N Channell N Cheokas Y Coan Cole Y Coleman, B N Coleman, T Y Cooper Cox Y Day N Dean Dickson Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson 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 Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Horne N Houston N Howard, E N Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins N Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B N Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Manning N Marin Y McCall McClinton Meadows E Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock N 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 N Royal Y Rynders Y Scott, M Y Setzler N Shaw Y Sheldon N Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre N Stanley-Turner Y Stephens N Stephenson Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 80, nays 85. The motion was lost. Representative Keen of the 179th moved that the House reconsider its action in failing to adopt the report of the Committee of Conference to HB 1090: On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Barnes Y Bearden N Beasley-Teague N Benfield Y Crawford N Cummings Y Davis Y Day N Dean Y Dickson Dodson N Dollar N Drenner Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E N Hudson N Hugley N Jackson Y Martin Y Maxwell Y May Y McCall McClinton Meadows E Millar 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 THURSDAY, MARCH 30, 2006 5665 Y Benton N Black N Bordeaux N Borders Y Bridges N Brooks Y Brown N Bruce N Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers N Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox N Dukes Y Ehrhart Y England N Epps Y Everson 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 Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C N Jacobs N James N Jamieson N Jenkins N 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 Manning N Marin Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal N Oliver Y O'Neal N Orrock N 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 N Royal Y Rynders N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre N Stanley-Turner Y Stephens N Stephenson 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 N Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 92, nays 75. The motion prevailed. 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 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 1921 Do Pass SB 282 Do Pass Respectfully submitted, /s/ Ehrhart of the 36th Chairman 5666 JOURNAL OF THE HOUSE The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House: HB 848. By Representatives Butler of the 18th, Maxwell of the 17th, England of the 108th, Roberts of the 154th and Stephens of the 164th: 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. 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 Whitehead of the 24th. The Senate insists on its substitute to the following bill of the House: HB 1473. By Representatives Brown of the 69th, Channell of the 116th, Stephens of the 164th, Shaw of the 176th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require prior legislative approval for the submission of certain waivers pursuant to Section 1115 of the federal Social Security Act; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitutes to the following bills of the Senate: SB 95. By Senators Harp of the 29th, Kemp of the 46th, Stephens of the 27th, Hudgens of the 47th and Seabaugh of the 28th: A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to regulate the practice of soil science; to THURSDAY, MARCH 30, 2006 5667 provide for a short title; to provide for legislative purpose; to define certain terms; to provide for inapplicability; to provide for the State Licensing Board for Professional Soil Scientists; to provide for board powers and duties; to provide for administration; to provide for certain records; to provide for filing and service of documents; to provide for applications; to provide for eligibility; to provide for licensing; to provide for refusal and discipline; to provide for seals; to provide for a code of professional conduct; to provide for charges of violations; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 523. By Senators Grant of the 25th, Seabaugh of the 28th, Douglas of the 17th, Schaefer of the 50th, Harp of the 29th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate honoring the family members of service members who have been killed in action; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 532. By Senators Whitehead, Sr. of the 24th, Williams of the 19th, Goggans of the 7th, Seabaugh of the 28th, Rogers of the 21st and others: A BILL to be entitled an Act to amend provisions of the O.C.G.A. so as to enhance the protection of facilities licensed by the United States Nuclear Regulatory Commission; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 592. By Senators Grant of the 25th, Hill of the 4th, Kemp of the 46th and Harp of the 29th: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the disposition of surplus property, so as to provide for the sale of certain property by fixed price; to permit the negotiated sale of surplus property to charitable institutions; to change certain provisions relating to the disposition of surplus property by the Department of Administrative Services; to provide for penalties; 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 amendment to the following bill of the Senate: 5668 JOURNAL OF THE HOUSE SB 472. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to revise and change the employees suggestion and award program; to provide for the meritorious award program; to provide for definitions; to provide for establishment and implementation; to provide for powers, duties, and authority of the state personnel board and the commissioner of personnel administration; to provide for agency committees; to provide for awards; to provide for applicability and nonapplicability of certain retirement benefit provisions with respect to such awards; 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 substitutes to the following bills of the Senate: SB 44. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Code Section 42-2-11 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Corrections, so as to authorize the board to enter into contracts for the operation of private probation detention and diversion centers; to provide for rules and regulations for the operation of such centers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 381. By Senators Harp of the 29th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to provide state flags to honor Georgia public safety officers who are killed in the line of duty or who died following extended service to the public of this state; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitute to the following resolution of the Senate: SR 1028. By Senator Thompson of the 33rd: A RESOLUTION honoring the life of Dr. Luke Glenn Garrett, Jr., and dedicating the Dr. Luke Glenn Garrett, Jr. Memorial Highway in his memory; and for other purposes. THURSDAY, MARCH 30, 2006 5669 The Senate has adopted the report of the Committee of Conference on the following bill of the House: HB 1032. By Representatives Lunsford of the 110th, Ralston of the 7th, Forster of the 3rd, England of the 108th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide for certain restrictions on the issuance of such permit; to provide for a background check for permit renewals; to provide for a check of United States Immigration and Customs Enforcement records for noncitizen applicants; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate adheres to its disagreement to the House 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 1157. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th and Fleming of the 117th: 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 change certain provisions regarding income tax credits for employers providing approved retraining programs; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Balfour of the 9th, Seabaugh of the 28th, and Tolleson of the 20th. The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House: HB 1372. By Representative Harbin of the 118th: A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide for the introduction and consideration of bills impacting the state health 5670 JOURNAL OF THE HOUSE benefit plans; 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: Hudgens of the 47th, Heath of the 31st, and Rogers of the 21st. The Senate insists on its amendment to the following bill of the House: HB 1008. By Representative Carter of the 159th: A BILL to be entitled an Act to amend Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Hospice Law," so as to provide that palliative care may be provided under hospice to patients with advanced and progressive diseases with a life expectancy of more than six months; to revise certain definitions relating to hospice care; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has adopted the report of the Committee of Conference on the following bill of the House: HB 1059. By Representatives Keen of the 179th, Ralston of the 7th, Burkhalter of the 50th, Freeman of the 140th, Thomas of the 55th and others: A BILL to be entitled an Act to amend Titles 16, 17, 35, and 42 of the O.C.G.A., relating respectively to crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to sexual offenders; to change punishment provisions, registration requirements, and areas where certain offenders can reside as it affects sexual offenders; to change certain provisions relating to punishment of serious violent offenders and increase the mandatory minimum term of imprisonment for certain offenses; to require persons convicted of certain sexual crimes to receive a mandatory split sentence including a minimum sentence of imprisonment; to reorganize and change provisions related to the State Sexual Offender Registry; to provide for other 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 1473. By Representatives Brown of the 69th, Channell of the 116th, Stephens of the 164th, Shaw of the 176th and Ehrhart of the 36th: THURSDAY, MARCH 30, 2006 5671 A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require prior legislative approval for the submission of certain waivers pursuant to Section 1115 of the federal Social Security Act; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Brown of the 69th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1473 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, Sheldon of the 105th, and Stephenson of the 92nd. The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto: HB 881. By Representatives Chambers of the 81st, Burmeister of the 119th, Drenner of the 86th, Henson of the 87th, Reece of the 27th and others: A BILL to be entitled an Act to amend Code Section 43-29-7 of the Official 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. The following Senate amendments were read: Senate Amendment #1 The Senate moves to amend HB 881 by inserting between lines 12 and 13 of page 2: (b.1)(1) Beginning July 1, 2006, a manufacturer of contact lenses doing business in the state shall certify by affidavit to the Attorney General those brands of contact lenses produced, marketed, distributed, or sold by the manufacturer in the state that are made 5672 JOURNAL OF THE HOUSE available in a commercially reasonable and nondiscriminatory manner to prescribers; entities associated with prescribers; and alternative channels of distribution. (2) Notwithstanding any other provision of law, a manufacturer shall only sell, market, or distribute lenses in Georgia that have been certified under paragraph (1) of this subsection. (3) This subsection shall not apply to rigid gas permeable lenses; bitoric gas permeable lenses; bifocal gas permeable lenses; keratoconus lenses; custom soft toric lenses that are manufactured for an individual patient and are not mass marketed or mass produced; or custom designed lenses that are manufactured for an individual patient and are not mass marketed or mass produced. (4) Any time a brand ceases to be made available after July 1, 2006, the manufacturer shall immediately certify that fact by affidavit to the Attorney General. (5) Nothing in this subsection shall be construed to require a prescriber to stock, sell, or prescribe any specific type brand or specific manufacturer's line of contact lenses. (6) A knowing and intentional violation of this subsection shall constitute a misdemeanor. The Attorney General may bring a civil action pursuant to this subsection. Senate Amendment #2 The Senate moves to amend HB 881 (LC 33 0923) by inserting after "program;" on line 5 of page 1: to require the board to establish a monthly review and approval process; By inserting between "board." and the quotation mark on line 12 of page 2 the following: The board shall establish by rule a process to accept and review, no less frequently than once per month, written statements of intention to qualify through an apprenticeship program and to review and approve, no less frequently than once per month, written plans of instruction submitted to the board by a supervising licensed dispensing optician, licensed physician, or licensed optometrist to provide instruction to an apprentice pursuant to this Code section. Senate Amendment #3 The Senate moves to amend HB 881 by inserting after "program;" on line 5 of page 1: to provide for training and experience received prior to July 1, 2006; By striking the quotation mark at the end of line 12 and by inserting after line 12 of page 2 the following: THURSDAY, MARCH 30, 2006 5673 (b.1) Applicants who have received practical training and experience prior to July 1, 2006, may receive credit toward the practical training and experience requirements of subsection (b) of this Code section if they make application to the board, in a form prescribed by the board, to receive such credit and such application is received by the board no later than August 31, 2006. The board shall review such application and determine whether any such training and experience shall be credited toward the practical training and experience requirements of subsection (b) of this Code section. The board shall make such determination within 60 days of receipt of the application. Senate Amendment #4 The Senate moves to amend HB 881 by inserting after "program;" on line 5 on page 1 the following: to amend Code Section 43-14-12.1of the Official Code of Georgia Annotated, relating to evidence of violations of contractor licensing requirements, fines, and other penalties for violations, so as to provide a fine and penalties for the unauthorized use of a license number of a contractor; By inserting between lines 12 and 13 on page 2 the following: SECTION 1A. Code Section 43-14-12.1 of the Official Code of Georgia Annotated, relating to evidence of violations of contractor licensing requirements, fines, and other penalties for violations, is amended by adding a new subsection (f) to read as follows: (f) In the event that any person misappropriates and uses the license number of a licensed conditioned air contractor in any manner in which he or she is not so authorized, including, but not limited to, obtaining a construction or building permit, the board shall be authorized to impose a civil penalty not to exceed $1,000.00 for each occurrence thereof. Furthermore, such person may be prohibited from obtaining a conditioned air license for a period of five years from the date of the last violation in the event that he or she makes application to the board for such license. Senate Amendment #5 The Senate moves to amend HB 881 by Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking subsection (h) of Code Section 43-14-8, relating to licensing required for electrical, plumbing, or conditioned air contracting, and inserting a new subsection (h) to read as follows: "(h) No partnership, limited liability company, or corporation shall have the right to engage in the business of conditioned air contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons 5674 JOURNAL OF THE HOUSE actually engaged in the performance of such business on a full-time basis who have valid licenses issued to them as provided for in this chapter; provided, however, that partners, officers, and employees of the individual who fulfilled the licensing requirements shall continue to be authorized to engage in the business of conditioned air contracting under a license which was valid at the time of the licensee's death for a period of 90 180 days following the date of such death." Representative Chambers of the 81st moved that the House disagree to the Senate amendments to HB 881. The motion prevailed. The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon: HB 1027. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending July 30, 2007. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 1027 The Committee of Conference on HB 1027 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1027 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/ Bill Stephens Senator, 27th District /s/ Jerry Keen Representative, 179th District /s/ Tommie Williams Senator, 19th District /s/ Mark Burkhalter Representative, 50th District THURSDAY, MARCH 30, 2006 5675 A BILL To make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending June 30, 2007; 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, 2006, and ending June 30, 2007, as prescribed hereinafter for such fiscal year: Total Funds $34,575,181,578 Federal and Other Funds $12,923,449,824 Federal Funds Not specifically Identified $2,395,656,447 Agency Funds $1,563,390,132 Other Funds $211,730,391 Records Center Storage Fee $429,234 Temporary Assistance for Needy Families Block Grant $364,728,378 Social Services Block Grant $50,485,333 Child Care and Development Block Grant $53,817,151 Foster Care Title IV-E $49,192,709 Maternal and Child Health Services Block Grant $17,348,033 Medical Assistance Program $4,931,809,954 Preventive Health and Health Services Block Grant $4,203,960 Community Mental Health Services Block Grant $12,840,422 Prevention and Treatment of Substance Abuse Block Grant $50,960,435 Federal Highway Administration Highway Planning and Construction $1,100,000,000 Federal Transit Administration Capital Investment Grants $12,858,431 Research Funds $1,577,890,758 Indigent Care Trust Fund - Public Hospital Authorities $158,537,322 State Children's Insurance Program $190,656,641 Community Services Block Grant $17,189,251 5676 JOURNAL OF THE HOUSE Low-Income Home Energy Assistance TANF Block Grant Unobligated Balance State Funds Lottery Funds Tobacco Funds State Motor Fuel State General Funds Brain and Spinal Injury Trust Fund Intra-State Government Transfers Health Insurance Payments Other Intra-State Government Payments Retirement Payments Self Insurance Trust Fund Payments Medicaid Services Payments - Other Agencies $18,929,972 $140,794,870 $18,654,564,058 $841,554,506 $177,518,387 $801,759,400 $16,830,724,074 $3,007,691 $2,997,167,696 $2,430,674,325 $73,715,220 $42,747,938 $117,729,730 $332,300,483 Section 1: Georgia Senate Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers $9,779,214 $0 $9,779,214 $9,779,214 $0 Lieutenant Governor's Office Total Funds State Funds State General Funds $838,701 $838,701 $838,701 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $813,497 $813,497 Provide funding based on the budget request for the General Assembly to include up to a 3% pay raise effective January 1, 2007. $25,204 $25,204 Amount appropriated in this Act $838,701 $838,701 THURSDAY, MARCH 30, 2006 5677 Secretary of the Senate's Office Total Funds State Funds State General Funds $1,198,966 $1,198,966 $1,198,966 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,212,412 $1,212,412 Provide funding based on the budget request for the General Assembly to include up to a 3% pay raise effective January 1, 2007. ($13,446) ($13,446) Amount appropriated in this Act $1,198,966 $1,198,966 Senate Total Funds State Funds State General Funds $6,738,774 $6,738,774 $6,738,774 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,689,602 $6,689,602 Provide funding based on the budget request for the General Assembly to include up to a 3% pay raise effective January 1, 2007. $49,172 $49,172 Amount appropriated in this Act $6,738,774 $6,738,774 Senate Budget and Evaluation Office To provide budget development and evaluation expertise to the State Senate. Total Funds $1,002,773 State Funds $1,002,773 State General Funds $1,002,773 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 5678 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Provide funding based on the budget request for the General Assembly to include up to a 3% pay raise effective January 1, 2007. Amount appropriated in this Act State Funds $999,672 $3,101 $1,002,773 Total Funds $999,672 $3,101 $1,002,773 Section 2: Georgia House of Representatives Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers $17,491,660 $0 $17,491,660 $17,491,660 $0 Georgia House of Representatives Total Funds State Funds State General Funds $17,491,660 $17,491,660 $17,491,660 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $17,216,615 $17,216,615 Provide funding based on the budget request for the General Assembly to include up to a 3% pay raise effective January 1, 2007. $150,045 $150,045 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES) $0 $0 Provide funding for a dual-agency Formula Study Committee involving the Board of Regents and DTAE. $125,000 $125,000 Amount appropriated in this Act $17,491,660 $17,491,660 Section 3: Georgia General Assembly Joint Offices Total Funds Federal and Other Funds State Funds $9,078,281 $0 $9,078,281 THURSDAY, MARCH 30, 2006 5679 State General Funds Intra-State Government Transfers $9,078,281 $0 Ancillary Activities To provide services for the legislative branch of government. Total Funds State Funds State General Funds $3,833,123 $3,833,123 $3,833,123 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,933,862 $4,933,862 Reflect the budget request of the Georgia General Assembly Joint Offices. ($1,100,739) ($1,100,739) Amount appropriated in this Act $3,833,123 $3,833,123 Legislative Fiscal Office To act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative expenditures and commitments. Total Funds $2,364,548 State Funds $2,364,548 State General Funds $2,364,548 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,209,558 $2,209,558 Reflect the budget request for the Georgia General Assembly. $154,990 $154,990 Amount appropriated in this Act $2,364,548 $2,364,548 Office of Legislative Counsel To provide bill-drafting services, advice and counsel for members of the General Assembly. Total Funds $2,880,610 State Funds $2,880,610 5680 JOURNAL OF THE HOUSE State General Funds $2,880,610 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,010,843 $3,010,843 Reflect the budget request for the Georgia General Assembly. ($130,233) ($130,233) Amount appropriated in this Act $2,880,610 $2,880,610 Section 4: Audits and Accounts, Department of Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers $31,927,549 $0 $31,927,549 $31,927,549 $0 Administration To provide administrative support to all Department programs. Total Funds State Funds State General Funds $1,602,714 $1,602,714 $1,602,714 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,596,639 $1,596,639 Reflect the budget request for the Department of Audits and Accounts as submitted for FY 2007 to include a 3% salary increase effective January 1, 2007. $6,075 $6,075 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES) $0 $0 Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES) $0 $0 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $0 $0 THURSDAY, MARCH 30, 2006 5681 (CC:YES) Amount appropriated in this Act $1,602,714 $1,602,714 Audit and Assurance Services To provide financial, performance, and information system audits. Total Funds State Funds State General Funds $28,053,474 $28,053,474 $28,053,474 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Establish a new Audit and Assurance Services program by combining the Financial Audits, Performance Audits, and Information System Audits programs. (CC:YES) $28,053,474 $28,053,474 Amount appropriated in this Act $28,053,474 $28,053,474 Financial Audits 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. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $22,831,899 $22,831,899 Reflect the budget request for the Department of Audits and Accounts as submitted for FY 2007 to include a 3% salary increase effective January 1, 2007. $1,319,769 $1,319,769 Establish a new Audit and Assurance Services program ($24,151,668) ($24,151,668) by combining the Financial Audits, Performance Audits, and Information System Audits programs. (CC:YES) Amount appropriated in this Act $0 $0 Information Systems Audits To provide independent information systems audits, reviews, and vulnerability 5682 JOURNAL OF THE HOUSE assessments and to provide information systems audit guidance and support to other operations within the Department. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,076,951 $1,076,951 Reflect the budget request for the Department of Audits and Accounts as submitted for FY 2007 to include a 3% salary increase effective January 1, 2007. $312,535 $312,535 Establish a new Audit and Assurance Services program by combining the Financial Audits, Performance Audits, and Information System Audits programs. (CC:YES) ($1,389,486) ($1,389,486) Amount appropriated in this Act $0 $0 Legislative Services To provide information on retirement system services, promulgation of statewide policies and procedures and provide fiscal note services. Total Funds $113,096 State Funds $113,096 State General Funds $113,096 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $110,575 $110,575 Reflect the budget request for the Department of Audits and Accounts as submitted for FY 2007. $2,521 $2,521 Amount appropriated in this Act $113,096 $113,096 Performance Audits To audit state programs to determine their efficiency, effectiveness, economy of operations, and compliance with laws and rules. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 30, 2006 5683 Amount from prior Appropriation Act (HB 85) Reflect the budget request for the Department of Audits and Accounts as submitted for FY 2007 to include a 3% salary increase effective January 1, 2007. Establish a new Audit and Assurance Services program by combining the Financial Audits, Performance Audits, and Information System Audits programs. (CC:YES) Amount appropriated in this Act State Funds Total Funds $2,426,566 $2,426,566 $85,754 $85,754 ($2,512,320) ($2,512,320) $0 $0 Statewide Equalized Adjusted Property Tax Digest 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 $2,158,265 State Funds $2,158,265 State General Funds $2,158,265 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,052,514 $2,052,514 Reflect the budget request for the Department of Audits and Accounts as submitted for FY 2007 to include a 3% salary increase effective January 1, 2007. $105,751 $105,751 Amount appropriated in this Act $2,158,265 $2,158,265 Section 5: Appeals, Court of Total Funds Federal and Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $12,841,212 $90,000 $90,000 $12,751,212 $12,751,212 $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. 5684 JOURNAL OF THE HOUSE Total Funds Federal and Other Funds Agency Funds State Funds State General Funds $12,841,212 $90,000 $90,000 $12,751,212 $12,751,212 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $12,537,586 $12,627,586 Annualize the cost of the FY2006 salary adjustment. $125,465 $125,465 Additional funding for an increase in real estate rents due to occupancy of new space in Health Building. $67,773 $67,773 Provide funding to pay for new GTA Billing Costs related to PeopleSoft HRMS and Financials. $20,388 $20,388 Fill 2 vacant positions. $0 $0 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES) $0 $0 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES) $0 $0 Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES) $0 $0 Amount appropriated in this Act $12,751,212 $12,841,212 Section 6: Judicial Council Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers $13,464,512 $0 $13,464,512 $13,464,512 $0 Georgia Office of Dispute Resolution The purpose is to oversee the development of court-connected alternative dispute resolution programs in Georgia. Total Funds $365,383 State Funds $365,383 THURSDAY, MARCH 30, 2006 5685 State General Funds $365,383 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $362,494 $362,494 Annualize the cost of the FY2006 salary adjustment. $2,889 $2,889 Provide for an additional project administrator position. $0 $0 Provide additional funding to cover increased per diem and fee expenses. $0 $0 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES) $0 $0 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES) $0 $0 Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES) $0 $0 Amount appropriated in this Act $365,383 $365,383 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 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,126,382 $1,126,382 Provide funding for design and delivery of a certificate program for court administrators. $0 $0 Provide additional funding to cover the expenses of taking $0 $0 part in Continuing Judicial Education (CJE) for 40 new judgeships, superior court and state court positions created since 1996. Provide for the recovery of funds lost during the time of a $0 $0 15% reduction of legislative funding to the ICJE between 5686 JOURNAL OF THE HOUSE FY 2003 and FY 2004. Provide funding to underwrite the cost of the personal security summit. Transfer the Court Business Process Section Training ($170,138), the Macon Training Facility ($95,081), the Georgia Council of Court Administrators ($4,884) and the Georgia Law School Consortium ($180,939) from the Administrative Office of the Courts. Reduce funds for the Georgia Law School Consortium. Amount appropriated in this Act $0 $0 $0 $1,126,382 $0 $0 $0 $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 $10,913,173 State Funds $10,913,173 State General Funds $10,913,173 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $10,629,370 $10,629,370 Annualize the cost of the FY2006 salary adjustment. $58,828 $58,828 Increase funding for the grant to assist victims of family violence with legal matters. $0 $0 Increase funding for Administrative Office of the Courts technology contracts. $0 $0 Provide funding for the Judicial Council Standing Committee on Drug Courts. $0 $0 Provide child support guidelines matching funds. $121,206 $121,206 Provide base adjustments and annualizers. $0 $0 Reduce operations to Administrative Office of the Courts. (CC:Do not reduce funds in Statewide Technology Services that would impact services to Superior Courts, Probate Courts, Magistrate Courts, Municipal Courts and State Courts and other such inferior courts.) ($1,000,000) ($1,000,000) THURSDAY, MARCH 30, 2006 5687 Transfer Statewide Felony and Juvenile Drug Courts to the Administrative Office of the Courts. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES) Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES) Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES) Transfer funds to the Administrative Office of the Courts. Provide funds for an Executive Director and operating expenses for the Council of Magistrate Court Judges. Amount appropriated in this Act $1,000,000 $0 $0 $0 $0 $103,769 $10,913,173 $1,000,000 $0 $0 $0 $0 $103,769 $10,913,173 Judicial Qualifications Commission The purpose is to discipline, remove, and cause involuntary retirement of judges. Total Funds $259,574 State Funds $259,574 State General Funds $259,574 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $258,046 $258,046 Annualize the cost of the FY2006 salary adjustment. $1,528 $1,528 Provide funds to restructure the office and provide more efficient labor. $0 $0 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES) $0 $0 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES) $0 $0 Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES) $0 $0 Amount appropriated in this Act $259,574 $259,574 Resource Center The purpose of this program is to provide representation to all death penalty sentenced 5688 JOURNAL OF THE HOUSE inmates in habeas proceedings. Total Funds State Funds State General Funds $800,000 $800,000 $800,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $800,000 $800,000 Provide additional contract funding for additional attorneys to handle the increased number of cases projected to be entering state habeas corpus proceedings in FY 2007. $0 $0 Amount appropriated in this Act $800,000 $800,000 Section 7: Juvenile Courts Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers $6,449,545 $0 $6,449,545 $6,449,545 $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 $1,538,714 State Funds $1,538,714 State General Funds $1,538,714 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,519,101 $1,519,101 Provide for base adjustments and annualizers. $61,216 $61,216 Transfer funding from Council of Juvenile Court Judges to Grants to Counties for correct program totals. ($41,603) ($41,603) THURSDAY, MARCH 30, 2006 5689 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES) Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES) Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES) Amount appropriated in this Act $0 $0 $0 $0 $0 $0 $1,538,714 $1,538,714 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 $4,910,831 State Funds $4,910,831 State General Funds $4,910,831 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,714,839 $4,714,839 Provide for base adjustments and annualizers. $105,767 $105,767 Provide funding to implement HB 334. $48,622 $48,622 Transfer funding from Council of Juvenile Court Judges to Grants to Counties for correct program totals. $41,603 $41,603 (CC:YES) Provide funding for 4 new judgeships and requirements in $0 $0 Houston, Blue Ridge, Coweta and Paulding circuits. (CC:Add Cobb and Laurens in FY 2007 Amended) Amount appropriated in this Act $4,910,831 $4,910,831 Section 8: Prosecuting Attorneys Total Funds Federal and Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $53,094,118 $1,767,046 $1,767,046 $51,327,072 $51,327,072 $0 5690 JOURNAL OF THE HOUSE 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 $47,986,581 Federal and Other Funds $1,767,046 Agency Funds $1,767,046 State Funds $46,219,535 State General Funds $46,219,535 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $43,925,448 $45,692,494 Annualize the cost of the 5 additional assistant district attorneys. $194,145 $194,145 Annualize the cost of the 7 additional victim advocate positions. $148,131 $148,131 Annualize the cost of the FY 2006 salary adjustment. $458,303 $458,303 Provide funding for 10 additional victim advocate positions. (CC:Douglas County) $300,000 $300,000 Provide for base adjustments and annualizers. $983,718 $983,718 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES) $0 $0 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES) $0 $0 Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES) $0 $0 Provide funding for 4 new judgeships and requirements in Houston, Blue Ridge, Coweta and Paulding circuits. $209,790 $209,790 (CC:Add Cobb and Laurens in FY 2007 Amended) Amount appropriated in this Act $46,219,535 $47,986,581 Prosecuting Attorney's Council This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors. Total Funds $5,107,537 THURSDAY, MARCH 30, 2006 5691 State Funds State General Funds $5,107,537 $5,107,537 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Transfer funds from the Superior Court Judges budget for positions in the DOAS contract that affect the District Attorney and Prosecuting Attorney's Council budgets. $45,957 $45,957 Provide funds to initiate a judicial circuit integrated communication project. $350,000 $350,000 Provide funds to purchase current editions of "Daniel's Georgia Criminal Trial Practice" and "Georgia Rules of Evidence" for all district attorney offices. $0 $0 Provide funding to send district attorneys to the Governor's Leadership Institute. $0 $0 Provide funds for intern positions. $83,160 $83,160 Annualize 3 additional positions in the Capital Litigation division. $137,984 $137,984 Provide for base adjustments and annualizers. $4,490,436 $4,490,436 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES) $0 $0 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES) $0 $0 Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES) $0 $0 Amount appropriated in this Act $5,107,537 $5,107,537 Section 9: Public Defender Standards Council, Georgia Total Funds Federal and Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $29,804,954 $1,972,832 $1,972,832 $27,832,122 $27,832,122 $0 5692 JOURNAL OF THE HOUSE 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 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 Federal and Other Funds $559,797 Agency Funds $559,797 State Funds $10,607,210 State General Funds $10,607,210 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $10,607,210 $11,167,007 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES) $0 $0 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES) $0 $0 Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES) $0 $0 Amount appropriated in this Act $10,607,210 $11,167,007 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 $18,637,947 Federal and Other Funds $1,413,035 Agency Funds $1,413,035 State Funds $17,224,912 State General Funds $17,224,912 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 30, 2006 5693 Amount from prior Appropriation Act (HB 85) Redirect $2,276,693 from Public Defender circuit offices to Conflict Case Management offices. (CC:YES) Provide for a general reduction in operating expenses. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES) Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES) Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES) Amount appropriated in this Act State Funds Total Funds $31,471,850 $32,884,885 $0 $0 ($14,246,938) ($14,246,938) $0 $0 $0 $0 $0 $0 $17,224,912 $18,637,947 Section 10: Superior Courts Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers $53,508,459 $0 $53,508,459 $53,508,459 $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 $243,000 State Funds $243,000 State General Funds $243,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $144,925 $144,925 Provide base adjustments and annualizers. $98,075 $98,075 Amount appropriated in this Act $243,000 $243,000 Council of Superior Court Judges The purpose of the Council of Superior Court Judges is to further the improvement of the 5694 JOURNAL OF THE HOUSE superior court and the administration of justice through leadership, training, policy development and budgetary and fiscal administration. Total Funds $971,630 State Funds $971,630 State General Funds $971,630 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Provide base adjustments and annualizers. $925,339 $925,339 Provide funds to add an administrative assistant to assist with workload for the Council of Superior Court Judges. $46,291 $46,291 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES) $0 $0 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES) $0 $0 Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES) $0 $0 Amount appropriated in this Act $971,630 $971,630 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 liaison between local and state courts. Total Funds $2,184,721 State Funds $2,184,721 State General Funds $2,184,721 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,253,718 $2,253,718 Provide base adjustments and annualizers. ($68,997) ($68,997) Amount appropriated in this Act $2,184,721 $2,184,721 THURSDAY, MARCH 30, 2006 5695 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. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,000,000 $1,000,000 Transfer Statewide Felony and Juvenile Drug Courts to the Administrative Office of the Courts. ($1,000,000) ($1,000,000) Amount appropriated in this Act $0 $0 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 $50,109,108 State Funds $50,109,108 State General Funds $50,109,108 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $48,090,013 $48,090,013 Provide for Secretaries pay raise effective April 1, 2007. $0 $0 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES) $0 $0 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES) $0 $0 Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES) $0 $0 Provide funding for 4 new judgeships and requirements in Houston, Blue Ridge, Coweta and Paulding circuits. $724,075 $724,075 (CC:Add Cobb and Laurens in FY 2007 Amended) Provide base adjustments and annualizers. $1,295,020 $1,295,020 5696 JOURNAL OF THE HOUSE Amount appropriated in this Act $50,109,108 $50,109,108 Section 11: Supreme Court Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers $7,921,323 $0 $7,921,323 $7,921,323 $0 Supreme Court of Georgia The purpose is to be a court of review and exercise exclusive appellate jurisdiction in all cases in Total Funds $7,921,323 State Funds $7,921,323 State General Funds $7,921,323 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,647,980 $7,647,980 Provide base adjustments and annualizers. $321,343 $321,343 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. (CC:YES) $0 $0 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. (CC:YES) $0 $0 Increase funds to reflect an adjustment in the Workers' Compensation premiums. (CC:YES) $0 $0 Reduce funds. ($48,000) ($48,000) Amount appropriated in this Act $7,921,323 $7,921,323 Section 12: Accounting Office, State Total Funds Federal and Other Funds Other Funds State Funds $15,776,297 $117,662 $117,662 $6,802,841 THURSDAY, MARCH 30, 2006 5697 State General Funds Intra-State Government Transfers Other Intra-State Government Payments $6,802,841 $8,855,794 $8,855,794 State Accounting Office 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 $15,776,297 Federal and Other Funds $117,662 Other Funds $117,662 State Funds $6,802,841 State General Funds $6,802,841 Intra-State Government Transfers $8,855,794 Other Intra-State Government Payments $8,855,794 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,723,889 $10,579,683 Annualize the cost of the FY2006 salary adjustment. $24,765 $24,765 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $31,389 $31,389 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $44,200 $44,200 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $45,985 $163,647 Increase operating expenses to implement the Statewide Reporting tool. $2,464,909 $2,464,909 Increase per diem and fees to implement an Accounts Receivable initiative. $300,000 $300,000 Increase personal services ($699,600), regular operating expenses ($200,000), and computer charges ($176,200) to implement the Consolidated Banking initiative. $538,868 $538,868 Fully fund 5 positions in statewide operations. $355,018 $355,018 Fund a rate increase for the PeopleSoft maintenance contract. $78,618 $78,618 5698 JOURNAL OF THE HOUSE Increase operating expenses to implement the PeopleSoft CAFR tool. Amount appropriated in this Act $1,195,200 $1,195,200 $6,802,841 $15,776,297 Section 13: Administrative Services, Department of Total Funds Federal and Other Funds Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments Self Insurance Trust Fund Payments $171,477,682 $12,197,120 $10,398,191 $1,798,929 $22,016,619 $22,016,619 $137,263,943 $19,534,213 $117,729,730 Administration To provide administrative support to all department programs. Total Funds Federal and Other Funds Agency Funds Other Funds State Funds State General Funds $5,579,866 $2,084,660 $2,030,008 $54,652 $3,495,206 $3,495,206 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,514,361 $5,544,369 Annualize the cost of the FY2006 salary adjustment. $1,496 $36,231 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $26,912 $26,912 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $92,483 $92,483 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $123,684 $143,601 THURSDAY, MARCH 30, 2006 5699 Increase funds to reflect an adjustment in the Workers' Compensation premiums. Reduce operating expenses in the Administration program. Reduce funds based on planned expenditures against reserves. Amount appropriated in this Act $6,749 $6,749 ($70,479) ($70,479) ($200,000) ($200,000) $3,495,206 $5,579,866 Bulk Paper Sales No longer an active program (outsourced as a statewide contract). The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $2,353,715 Transfer 1 position and $92,192 in agency funds from Bulk Paper Sales to Surplus Property. $0 ($92,192) Eliminate the Bulk Paper and Service Contract Management programs (Total Funds: $2,264,801). $0 ($2,261,523) Amount appropriated in this Act $0 $0 Fiscal Services To provide administrative functions and services necessary for the fulfillment of the responsibilities of the Superior Courts. Total Funds $322,037 Federal and Other Funds $322,037 Agency Funds $322,037 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $307,228 Annualize the cost of the FY2006 salary adjustment. $0 $3,108 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $11,701 Amount appropriated in this Act $0 $322,037 5700 JOURNAL OF THE HOUSE Fleet Management In conjunction with OPB, the program centralizes State government motor vehicle fleet management functions to ensure efficient and cost effective fleet operations and to minimize the life-cycle costs associated with vehicle ownership. Total Funds $2,502,664 Federal and Other Funds $2,502,664 Agency Funds $1,719,934 Other Funds $782,730 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $2,409,075 Annualize the cost of the FY2006 salary adjustment. $0 $8,268 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $29,101 Transfer 1 position and $56,220 in agency funds from Service Contract Management to Fleet Management. $0 $56,220 Amount appropriated in this Act $0 $2,502,664 Mail and Courier To provide convenient, efficient, and cost effective services through aggregation of demand for Capitol Hill and metro area mail and package delivery services. Total Funds $1,387,642 Federal and Other Funds $1,387,642 Agency Funds $1,164,259 Other Funds $223,383 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $1,281,259 Annualize the cost of the FY2006 salary adjustment. $0 $5,207 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $20,344 THURSDAY, MARCH 30, 2006 5701 Transfer $80,832 in agency funds for real estate rentals from Service Contract Management to Mail and Courier. Amount appropriated in this Act $0 $80,832 $0 $1,387,642 Risk Management To provide cost minimization and fair treatment of citizens through effective claims management. Total Funds $137,389,260 Federal and Other Funds $125,317 Other Funds $125,317 Intra-State Government Transfers $137,263,943 Other Intra-State Government Payments $19,534,213 Self Insurance Trust Fund Payments $117,729,730 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $137,263,943 Annualize the cost of the FY2006 salary adjustment. $0 $26,205 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $99,112 Amount appropriated in this Act $0 $137,389,260 Service Contract Management No longer an active program. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $140,330 Eliminate the Bulk Paper and Service Contract Management programs (Total Funds: $2,264,801). $0 ($3,278) Transfer 1 position and $56,220 in agency funds from Service Contract Management to Fleet Management, and $80,832 in agency funds for real estate rentals from Service Contract Management to Mail and Courier. $0 ($137,052) 5702 JOURNAL OF THE HOUSE Amount appropriated in this Act $0 $0 Space Management No longer an active program in DOAS. See State Properties Commission. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $371,491 $371,491 Transfer funds from the Department of Administrative Services ($558,553) to establish the State Properties Commission as a stand alone agency and transfer the Space Management program ($371,491) and the Payments to GBA program ($2,331,288) from the Department of Administrative Services to the State Properties Commission. ($371,491) ($371,491) Amount appropriated in this Act $0 $0 State Purchasing To reduce cost through aggregation of purchasing demand for state and local governments and to provide fair and equitable access through open, structured competitive procurement. Total Funds $9,650,215 Federal and Other Funds $185,003 Agency Funds $147,831 Other Funds $37,172 State Funds $9,465,212 State General Funds $9,465,212 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $16,623,841 $18,791,672 Annualize the cost of the FY2006 salary adjustment. $37,583 $37,583 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $36,522 $36,522 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $45,722 $45,722 THURSDAY, MARCH 30, 2006 5703 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Increase operating expenses for the E-Procurement System for the Commission for a New Georgia's procurement initiative. Eliminate one-time funding in State Purchasing for the Commission for a New Georgia's procurement initiative. Increase personal services and operating expenses for the Commission for a New Georgia's Enterprise Asset Management System. Amount appropriated in this Act $182,870 $9,074 $2,020,000 ($11,195,400) $1,705,000 $9,465,212 $220,042 $9,074 $2,020,000 ($13,215,400) $1,705,000 $9,650,215 Surplus Property To reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and local governments, qualifying non-profits, and to the public through auction. Total Funds $2,043,733 Federal and Other Funds $2,043,733 Agency Funds $1,885,035 Other Funds $158,698 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $1,885,035 Annualize the cost of the FY2006 salary adjustment. $0 $14,059 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $52,447 Transfer 1 position and $92,192 in agency funds from Bulk Paper Sales to Surplus Property. $0 $92,192 Amount appropriated in this Act $0 $2,043,733 U. S. Post Office To provide convenient and cost-effective postal services to agencies and individuals. 5704 JOURNAL OF THE HOUSE Total Funds Federal and Other Funds Agency Funds Other Funds State Funds State General Funds $173,296 $155,575 $151,000 $4,575 $17,721 $17,721 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,593 $160,593 Annualize the cost of the FY2006 salary adjustment. $1,800 $1,800 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $641 $641 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $5,271 $5,271 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $398 $4,973 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $18 $18 Amount appropriated in this Act $17,721 $173,296 The following appropriations are for agencies attached for administrative purposes. Payments to Georgia Building Authority No longer an active program in DOAS. See State Properties Commission. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,331,288 $2,331,288 Transfer funds from the Department of Administrative Services ($558,553) to establish the State Properties Commission as a stand alone agency and transfer the Space Management program ($371,491) and the Payments to GBA program ($2,331,288) from the Department of Administrative Services to the State ($2,331,288) ($2,331,288) THURSDAY, MARCH 30, 2006 5705 Properties Commission. Amount appropriated in this Act $0 $0 Payments to Georgia Technology Authority To provide for procurement of technology resources, enterprise 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 $4,750,000 Federal and Other Funds $353,231 Other Funds $353,231 State Funds $4,396,769 State General Funds $4,396,769 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $396,769 $750,000 Increase payments to GTA for the Statewide Wireless Broadband Initiative. $4,000,000 $4,000,000 Reflect operational efficiencies and to fund hardware and $0 $0 software refresh at the Data Center. Reflect credits negotiated with vendors and to fund the Commission for a New Georgia's Information Technology Initiative. $0 $0 Amount appropriated in this Act $4,396,769 $4,750,000 Office of State Administrative Hearings To provide an impartial and independent forum for resolving disputes between the public and state agencies. Total Funds $4,437,936 Federal and Other Funds $608,684 Agency Funds $601,308 Other Funds $7,376 State Funds $3,829,252 State General Funds $3,829,252 5706 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,717,517 $4,318,825 Annualize the cost of the FY2006 salary adjustment. $29,494 $29,494 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $18,308 $18,308 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $132,477 $139,853 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $5,807 $5,807 Reduce personal services. ($74,351) ($74,351) Amount appropriated in this Act $3,829,252 $4,437,936 State Properties Commission No longer an active program in DOAS. See State Properties Commission. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $558,553 $558,553 Transfer funds from the Department of Administrative Services ($558,553) to establish the State Properties Commission as a stand alone agency and transfer the Space Management program ($371,491) and the Payments to GBA program ($2,331,288) from the Department of Administrative Services to the State Properties Commission. ($558,553) ($558,553) Amount appropriated in this Act $0 $0 Office of Treasury and Fiscal Services 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 $3,095,206 Federal and Other Funds $2,428,574 Agency Funds $2,376,779 Other Funds $51,795 THURSDAY, MARCH 30, 2006 5707 State Funds State General Funds $666,632 $666,632 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $354,569 $2,731,348 Annualize the cost of the FY2006 salary adjustment. $11,797 $11,797 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $7,323 $7,323 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $20,636 $20,636 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $523 $523 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $16,076 $16,076 Reduce operating expenses in the Cash Management program ($3,546) and the Investment Services program ($3,546) to reflect an insurance policy rate adjustment. ($7,092) ($7,092) Increase personal services and operating expenses and add 2 positions in the Cash Management program for the Consolidated Banking Initiative. $262,800 $314,595 Amount appropriated in this Act $666,632 $3,095,206 Health Planning Review Board To review decisions made by hearing officers. Total Funds State Funds State General Funds $60,473 $60,473 $60,473 Agency for the Removal of Hazardous Materials 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 5708 JOURNAL OF THE HOUSE Section 14: Agriculture, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers Administration To provide administrative support for all programs of the department. Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds State Funds State General Funds $51,645,550 $8,734,010 $6,849,321 $1,884,689 $42,911,540 $42,911,540 $0 $6,412,940 $328,221 $69,500 $258,721 $6,084,719 $6,084,719 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,967,006 $6,216,462 Annualize the cost of the FY2006 salary adjustment. $30,982 $30,982 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $49,947 $49,947 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $66,445 $66,445 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $66,017 $66,017 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $10,501 $10,501 Redistribute equipment purchases to reflect program needs by moving $6,332 from the Consumer Protection program, $5,504 to the Administration program and $828 to the Marketing and Promotion program. $5,504 $5,504 THURSDAY, MARCH 30, 2006 5709 Transfer funds from the Administration program ($111,683) and the Marketing and Promotion program ($225,233) to the Consumer Protection program ($334,272) and the Poultry Veterinary Diagnostic Labs ($2,644) to reflect program expenditures. Amount appropriated in this Act ($111,683) ($32,918) $6,084,719 $6,412,940 Athens/Tifton Veterinary Labs To ensure the safety of our food supply, the health of animals (production, equine and companion) and to protect public health as it relates to animals within the State of Georgia. Total Funds $3,485,061 State Funds $3,485,061 State General Funds $3,485,061 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,271,132 $3,271,132 Annualize the cost of the FY2006 salary adjustment. $41,542 $41,542 Fill 1 vacant pathologist position at the Athens/Tifton Veterinary Labs. $130,845 $130,845 Transfer pay raise funds for Athens/Tifton Veterinary Labs employees from the Board of Regents to the Department of Agriculture. $41,542 $41,542 Amount appropriated in this Act $3,485,061 $3,485,061 Consumer Protection To ensure a safe food supply, ensure a safe and healthy supply of agricultural products, ensure accurate commercial transactions that utilize weighing and measuring devices and to protect animal health (production, equine & companion) for the Citizens of Georgia. Total Funds $29,700,608 Federal and Other Funds $7,684,221 Federal Funds Not specifically Identified $6,749,221 Agency Funds $935,000 State Funds $22,016,387 State General Funds $22,016,387 5710 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $20,634,327 $28,245,700 Annualize the cost of the FY2006 salary adjustment. $168,183 $168,183 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $224,845 $224,845 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $138,201 $138,201 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $297,187 $297,187 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $47,271 $47,271 Transfer funds from the Administration program ($111,683) and the Marketing and Promotion program ($225,233) to the Consumer Protection program ($334,272) and the Poultry Veterinary Diagnostic Labs ($2,644) to reflect program expenditures. $334,272 $407,120 Redistribute equipment purchases to reflect program needs by moving $6,332 from the Consumer Protection program, $5,504 to the Administration program and $828 to the Marketing and Promotion program. ($6,332) ($6,332) Fill 1 vacant inspector position and 1 vacant veterinary district supervisor position. $47,480 $47,480 Fill 3 vacant food safety positions. $96,315 $96,315 Fill 3 vacant plant pathologist positions. (CC:Fill 1 vacant plant protection position.) $34,638 $34,638 Transfer Seed Development Commission to the Marketing and Promotion program. (CC:Seed $0 $0 Development Commission funds are reflected in the base budget of the Marketing and Promotion program.) Amount appropriated in this Act $22,016,387 $29,700,608 Marketing and Promotion To expand sales of Georgia's commodities from growers by promoting them domestically and internationally. Total Funds $8,563,745 Federal and Other Funds $721,568 THURSDAY, MARCH 30, 2006 5711 Federal Funds Not specifically Identified Agency Funds State Funds State General Funds $30,600 $690,968 $7,842,177 $7,842,177 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,857,881 $8,731,062 Annualize the cost of the FY2006 salary adjustment. $31,615 $31,615 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $57,454 $57,454 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $32,355 $32,355 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $75,939 $75,939 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $12,079 $12,079 Redistribute equipment purchases to reflect program needs by moving $6,332 from the Consumer Protection program, $5,504 to the Administration program and $828 to the Marketing and Promotion program. $828 $828 Reduce the contract with the Federation of Southern Cooperatives. ($741) ($741) Transfer funds from the Administration program ($111,683) and the Marketing and Promotion program ($225,233) to the Consumer Protection program ($334,272) and the Poultry Veterinary Diagnostic Labs ($2,644) to reflect program expenditures. ($225,233) ($376,846) Transfer Seed Development Commission from the Consumer Protection program. (CC:Seed Development Commission funds are reflected in the base budget.) $0 $0 Amount appropriated in this Act $7,842,177 $8,563,745 Poultry Veterinary Diagnostic Labs To provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza. 5712 JOURNAL OF THE HOUSE Total Funds State Funds State General Funds $3,483,196 $3,483,196 $3,483,196 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,140,822 $3,140,822 Annualize the cost of the FY2006 salary adjustment. $49,043 $49,043 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $47,142 $47,142 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $1,852 $1,852 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $294 $294 Provide funding for diagnostic equipment and supplies at the Oakwood Poultry Veterinary Diagnostic Lab and branch labs. (CC:Provide funding for diagnostic $121,399 $121,399 equipment and supplies at the Oakwood Poultry Veterinary Diagnostic Lab and branch laboratories to increase the total number and quality of tests performed from the previous year.) Transfer funds from the Administration program ($111,683) and the Marketing and Promotion program ($225,233) to the Consumer Protection program ($334,272) and the Poultry Veterinary Diagnostic Labs ($2,644) to reflect program expenditures. $2,644 $2,644 Provide funds to automate the Liquid Handing System for Avian Influenza Virus Testing. $120,000 $120,000 Amount appropriated in this Act $3,483,196 $3,483,196 Section 15: Banking and Finance, Department of Total Funds Federal and Other Funds State Funds State General Funds Intra-State Government Transfers $11,581,920 $0 $11,581,920 $11,581,920 $0 THURSDAY, MARCH 30, 2006 5713 Chartering, Licensing and Applications/Non-mortgage Entities 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 $512,992 State Funds $512,992 State General Funds $512,992 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $495,504 $495,504 Annualize the cost of the FY2006 salary adjustment. $4,449 $4,449 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $4,124 $4,124 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $8,603 $8,603 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $312 $312 Amount appropriated in this Act $512,992 $512,992 Consumer Protection and Assistance To assist consumers with problems encountered when dealing with department-regulated entities. Total Funds $529,701 State Funds $529,701 State General Funds $529,701 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $515,920 $515,920 Annualize the cost of the FY2006 salary adjustment. $3,506 $3,506 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $3,250 $3,250 Increase funds to reflect an adjustment in the employer $6,779 $6,779 5714 JOURNAL OF THE HOUSE share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act $246 $529,701 $246 $529,701 Administration Provide administrative support to all department programs. Total Funds State Funds State General Funds $1,786,026 $1,786,026 $1,786,026 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,645,199 $1,645,199 Annualize the cost of the FY2006 salary adjustment. $13,833 $13,833 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $13,372 $13,372 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $27,893 $27,893 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,010 $1,010 Increase personal services to add 1 Network Administrator. $59,701 $59,701 Purchase field offices phone system. $25,018 $25,018 Amount appropriated in this Act $1,786,026 $1,786,026 Financial Institution Supervision 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 $6,956,283 State Funds $6,956,283 State General Funds $6,956,283 THURSDAY, MARCH 30, 2006 5715 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,581,431 $6,581,431 Annualize the cost of the FY2006 salary adjustment. $47,742 $47,742 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $54,121 $54,121 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $112,892 $112,892 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,090 $4,090 Purchase field offices phone system. $156,007 $156,007 Amount appropriated in this Act $6,956,283 $6,956,283 Mortgage Supervision To protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and enforce applicable laws and regulations. Total Funds $1,796,918 State Funds $1,796,918 State General Funds $1,796,918 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,738,299 $1,738,299 Annualize the cost of the FY2006 salary adjustment. $14,322 $14,322 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $14,012 $14,012 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $29,227 $29,227 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,058 $1,058 Amount appropriated in this Act $1,796,918 $1,796,918 5716 JOURNAL OF THE HOUSE Section 16: Community Affairs, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers $198,874,495 $104,661,902 $93,566,048 $9,659,229 $1,436,625 $94,212,593 $47,123,333 $47,089,260 $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 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. Administration The purpose is to provide administrative support for all programs of the department. Total Funds $4,800,328 Federal and Other Funds $2,498,773 Federal Funds Not specifically Identified $22,000 Agency Funds $2,476,773 State Funds $2,301,555 State General Funds $2,301,555 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,982,095 $4,480,868 Annualize the cost of the FY2006 salary adjustment. $13,381 $13,381 THURSDAY, MARCH 30, 2006 5717 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. (CC:YES) Add 1 human resources position to the Administration program to perform administrative support and transactional activities. (CC:YES) Establish a secondary IT infrastructure site to continue key services in the event of an emergency that renders the central office inaccessible. (CC:YES) Transfer one position from Coordinated Planning to Administration. (CC:YES) Amount appropriated in this Act $18,629 $26,780 $4,340 $95,591 $0 $0 $160,739 $2,301,555 $18,629 $26,780 $4,340 $95,591 $0 $0 $160,739 $4,800,328 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 $461,277 Federal and Other Funds $171,722 Agency Funds $171,722 State Funds $289,555 State General Funds $289,555 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $279,403 $451,125 Annualize the cost of the FY2006 salary adjustment. $2,247 $2,247 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $2,960 $2,960 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from $4,256 $4,256 5718 JOURNAL OF THE HOUSE 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act $689 $289,555 $689 $461,277 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 $3,622,299 State Funds $3,622,299 State General Funds $3,622,299 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,831,884 $3,831,884 Annualize the cost of the FY2006 salary adjustment. $15,879 $15,879 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $19,952 $19,952 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $28,683 $28,683 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,648 $4,648 Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. (CC:YES) ($51,508) ($51,508) Transfer the Signature Community Program funds of $250,000 from the Coordinated Planning program to the Regional Services program. (CC:YES) ($250,000) ($250,000) Reduce annual contracts to the 16 Regional Development ($116,500) Centers. ($116,500) Provide 2 time-limited positions and funding to support the development of a strategy for sound economic development and conservation for Georgia's coastal region by DCA's Coastal Comprehensive Plan Advisory Committee. $300,000 $300,000 THURSDAY, MARCH 30, 2006 5719 Transfer one position from Coordinated Planning to Administration. (CC:YES) Amount appropriated in this Act ($160,739) ($160,739) $3,622,299 $3,622,299 Environmental Education and Assistance This program provides technical assistance, resource tools, and public education outreach resources. Total Funds $998,853 State Funds $998,853 State General Funds $998,853 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $973,896 $973,896 Annualize the cost of the FY2006 salary adjustment. $5,968 $5,968 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $7,874 $7,874 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $11,320 $11,320 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,834 $1,834 Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. (CC:YES) ($2,039) ($2,039) Amount appropriated in this Act $998,853 $998,853 Federal Community & 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 $38,745,691 Federal and Other Funds $36,985,354 Federal Funds Not specifically Identified $36,985,354 State Funds $1,760,337 State General Funds $1,760,337 5720 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,608,212 $38,593,566 Annualize the cost of the FY2006 salary adjustment. $10,962 $10,962 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $15,862 $15,862 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $22,803 $22,803 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $3,695 $3,695 Provide additional funding for the Hands on Georgia contract for community challenge grants. $100,000 $100,000 Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. (CC:YES) ($1,197) ($1,197) Amount appropriated in this Act $1,760,337 $38,745,691 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 Federal and Other Funds $4,014,155 Agency Funds $4,014,155 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $4,014,155 Amount appropriated in this Act $0 $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 $6,540,903 THURSDAY, MARCH 30, 2006 5721 State Funds State General Funds $6,540,903 $6,540,903 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,881,066 $3,881,066 Total of Grants Associated with this Program $6,540,903 $6,540,903 Eliminate one-time funding for local assistance grants. ($3,881,066) ($3,881,066) Amount appropriated in this Act $6,540,903 $6,540,903 Specific Local Assistance Grants Appropriated: (LAG # 1 to Columbia County ) Transfer historic structural arches to county building. (LAG # 2 to City of Harlem ) Theatre restoration in downtown Harlem. (LAG # 3 to Douglas County ) Develop a landscape and gateway signage plan in the traffic circle island of planned intersection round-a-bout. (LAG # 4 to City of Sharpsburg ) Provide consulting fees to develop multi-use trails. (LAG # 5 to City of Parrott ) Build a metal building for fire trucks. (LAG # 6 to City of Winterville ) Stabilization of historic building. (LAG # 7 to Oconee County ) Relocation and restoration of historic building. (LAG # 8 to Oconee County ) Completion of recreational parking. (LAG # 9 to City of Sugar Hill ) Renovation of concession restroom facilities in local park. (LAG # 10 to City of Suwannee ) Construct a pedestrian bridge. (LAG # 11 to Effingham County ) Installation of new playground equipment. (LAG # 12 to City of Tybee Island ) Aesthetic improvements on Main Street. (LAG # 13 to City of Swainsboro ) Improvements to city recreation complex. (LAG # 14 to Emanuel County ) Renovation of Emanuel Arts Center. (LAG # 15 to City of Metter ) Improve walking trails for recreation department. (LAG # 16 to Hall County ) Provide funds for sewer line construction. $10,000 $40,000 $20,000 $10,000 $15,000 $15,000 $20,000 $15,000 $20,000 $50,000 $15,000 $40,000 $10,000 $5,000 $10,000 $30,000 5722 JOURNAL OF THE HOUSE (LAG # 17 to City of Alpharetta ) To complete construction of Walk of Memories. (LAG # 18 to Atkinson County ) Renovate a module unit to be used as a multi-purpose building. (LAG # 19 to Coffee County ) Paving entrances of volunteer fire stations. (LAG # 20 to Bibb County ) Refurbishment of Community Park and facilities at Lake Tobesofkee. (LAG # 21 to City of Orchard Hill ) Complete sewer project. (LAG # 22 to City of Kennesaw ) Complete a regional trail system. (LAG # 23 to City of Cairo ) Renovate community house. (LAG # 24 to Seminole County ) Paving access ramp and parking for fire department. (LAG # 25 to Paulding County ) To assist in building the Tara Drummond Memorial Pet Park. (LAG # 26 to Charlton County ) Construct local drug abuse center. (LAG # 27 to Fulton County ) Multi-age playground and make recreational field wheelchair accessible. (LAG # 28 to City of Roswell ) Funds will be used to match a grant to finished construction on new facilities. (LAG # 29 to Walker County ) Renovation of historic Marsh House. (LAG # 30 to Heard County ) Upgrade the wastewater treatment plant. (LAG # 31 to City of Lagrange ) Assist with developing a comprehensive water planning. (LAG # 32 to Walton County ) Funding for road installation project. (LAG # 33 to Walton County ) Funding for sewer installation project. (LAG # 34 to City of Monroe ) Construct pump stations. (LAG # 35 to Lamar County ) Renovation of historic Johnstonville Community Club. (LAG # 36 to City of Wrightsville ) Remodel old fire house building to police headquarters. (LAG # 37 to City of Lawrenceville ) Funding for revitalization of downtown. (LAG # 38 to City of Millen ) Construct a train viewing platform. (LAG # 39 to City of Perry ) Public safety training center for police and fire dept. (LAG # 40 to Gwinnett County BOE ) Construction of a physical health education classroom and activities facility. $40,000 $20,000 $25,000 $50,000 $15,000 $50,000 $20,000 $16,660 $30,000 $10,000 $20,000 $20,000 $20,000 $25,000 $25,000 $10,000 $10,000 $10,000 $20,000 $25,000 $15,000 $20,000 $15,000 $30,000 THURSDAY, MARCH 30, 2006 (LAG # 41 to Walton County BOE ) Completion of a health education complex. (LAG # 42 to City of Newnan ) Construct a walking area within a park. (LAG # 43 to Carroll County ) Replace parking lot and roof. (LAG # 44 to City of Rossville ) Renovation and repair of public library. (LAG # 45 to City of Snellville ) Sidewalk construction, police video cameras and bucket truck. (LAG # 46 to City of Thomasville ) Engineering fees associated with the preparation of the airport industrial park. (LAG # 47 to City of Coolidge ) Help complete drinking water project. (LAG # 48 to City of Enigma ) Assistance with roof for the city hall. (LAG # 49 to Mitchell County ) Bring electrical system up to date in old building. (LAG # 50 to Mitchell County ) Pave parking lot for Mitchell County Development Authority. (LAG # 51 to Crawford County ) Purchase a site for parking in renovated downtown. (LAG # 52 to City of Ludowici ) Provide funding to help with addition to city hall. (LAG # 53 to City of Catoosa ) Infrastructure for development of industrial park complex. (LAG # 54 to Henry County ) Sidewalks near congested school area. (LAG # 55 to Richmond County ) Construction of handicap accessible restroom facility. (LAG # 56 to City of Reidsville ) Funding to construct curb cut to industrial park. (LAG # 57 to City of Fairmount ) Engineering and design work for a downtown square. (LAG # 58 to Turner County ) Emergency service equipment. (LAG # 59 to City of Rebecca ) Purchase equipment for fire truck. (LAG # 61 to City of Lincolnton ) Emergency generator for sewer waste water plant. (LAG # 62 to Bartow County ) Officer safety and surveillance equipment in narcotics enforcement department. (LAG # 63 to Columbia County BOE ) Assist high schools with athletic improvements (equally split among all Columbia County High Schools). (LAG # 64 to Columbia County ) Assist with improvements and infrastructure upgrades to local park. 5723 $20,000 $25,000 $15,000 $30,000 $25,000 $15,000 $14,000 $12,000 $12,000 $12,000 $10,000 $20,000 $20,000 $19,475 $25,000 $50,000 $15,000 $4,450 $7,995 $20,000 $30,000 $40,000 $10,000 5724 JOURNAL OF THE HOUSE (LAG # 65 to City of Douglasville ) Welcome sign, stage cover and pedestrian safety improvements. (LAG # 66 to City of Bronwood ) General equipment and support for ongoing city projects. (LAG # 67 to Bulloch County ) Emergency response equipment. (LAG # 70 to Johnson County ) Equipment for volunteer fire department. (LAG # 71 to Spalding County ) Provide funding for law enforcement equipment. (LAG # 72 to Fannin County ) Provide funds for tel-squirt equipment for fire truck. (LAG # 73 to Cobb County BOE ) New seating for auditorium for Pope High School. (LAG # 74 to City of Rincon ) New playground facility. (LAG # 76 to Toombs County ) Rural fire department equipment. (LAG # 81 to City of Sandy Springs ) Laser speed detection devices and laptops. (LAG # 82 to City of Nahunta ) Equipment to maintain the city. (LAG # 85 to Wayne County ) Building inspection program equipment and software. (LAG # 86 to Wayne County ) Volunteer fire department equipment. (LAG # 87 to City of Waycross ) Research and design exhibits. (LAG # 88 to Hall County ) Search and recovery equipment for underwater search and recovery team. (LAG # 89 to City Hahira ) Jaws of life equipment. (LAG # 90 to Berrien County ) Provide funds for fire department equipment. (LAG # 91 to City of Sandy Springs ) Personal protection equipment ballistics vest. (LAG # 92 to Gwinnett County ) Special need playground. (LAG # 93 to Butts County ) Reading material, supplies and audio books for disabled individuals. (LAG # 94 to Henry County ) Reading material, supplies and audio books for disabled individuals. (LAG # 95 to Butts County ) Purchase bullet proof vests. (LAG # 96 to Henry County ) Regular equipment, shotguns and thermal imagers. $30,000 $2,000 $7,500 $5,000 $15,000 $50,000 $50,000 $15,000 $50,000 $25,000 $10,000 $5,000 $5,000 $6,000 $35,295 $14,500 $20,000 $40,000 $10,000 $5,000 $5,000 $15,000 $10,000 THURSDAY, MARCH 30, 2006 (LAG # 97 to Murray County ) Reprint county brochure for chamber of commerce. (LAG # 98 to Murray County ) Treadmill for senior citizens. (LAG # 99 to Houston County ) Epilos laser engraving system. (LAG # 100 to Houston County ) Provide funding to supplement recent budget cuts. (LAG # 101 to City of Buena Vista ) Fire fighting equipment. (LAG # 102 to Schley County ) Fire fighting equipment. (LAG # 103 to City of Adel ) K-9 transport system. (LAG # 104 to Cook County ) Equipment for 4-H Coordinator for life skill class. (LAG # 105 to City of Lithonia ) Playground equipment and other items. (LAG # 106 to Dekalb County ) Provide arts supplies, games and entertainment system for Lithonia Senior Wellness Center. (LAG # 107 to Mitchell County ) Fire fighting equipment for seven volunteer fire departments. (LAG # 108 to Town of Sale City ) Electrical work, books and bookshelves for city library. (LAG # 109 to City of Baconton ) Furnishings for city hall historic house. (LAG # 110 to Colquitt County ) Equipment for Doerun Library. (LAG # 111 to City of Byron ) Furnishings for the new community center within the new city hall. (LAG # 112 to City of Ludowici ) Purchase a Intoxilyzer 5000 machine. (LAG # 113 to City of Savannah ) Exercise equipment for weight lifting center. (LAG # 114 to City of Thomson ) Replace self-contained breathing apparatus air compressor. (LAG # 115 to Dekalb County ) Playground renovation project. (LAG # 116 to City of Abbeville ) Equipment for water system. (LAG # 117 to Wilcox County ) Equipment for sheriff's office. (LAG # 118 to Pulaski County ) Purchase needed equipment. (LAG # 119 to City of Fitzgerald ) Equipment purchases for airport. (LAG # 120 to City of Whitesburg ) Computers and desks for library. (LAG # 121 to Carroll County BOE ) Cost of new furniture and its installation for media center at Sandhill Elementary. (LAG # 122 to Chatham County ) Provide funds for weight lifting equipment for Abilities Unlimited. 5725 $5,000 $5,000 $5,000 $4,000 $1,000 $1,000 $3,500 $10,000 $10,000 $7,000 $17,500 $10,000 $12,500 $15,000 $15,000 $5,495 $18,000 $15,000 $10,000 $5,000 $5,000 $4,000 $5,000 $20,000 $15,000 $3,500 5726 JOURNAL OF THE HOUSE (LAG # 123 to City of Braselton ) Purchase needed books for new library under construction. (LAG # 124 to Jackson County ) A compressor for breathable air. (LAG # 125 to Bacon County ) Purchase equipment for a research and demonstration farm. (LAG # 126 to City of Statham ) Secure the city's ownership of their water source. (LAG # 127 to Barrow County ) Provide funding to assist in purchase of environmentally sensitive property near Fort Yargo State Park. (LAG # 128 to City of Ranger ) Training and purchase property to spur commercial growth. (LAG # 129 to City of Allentown ) To repair and put a sustainable maintenance plan in place for water tower. (LAG # 130 to City of Demorest ) Offset the expenses associated with the recent ice storm. (LAG # 131 to City of Baldwin ) Offset the expenses associated with the recent ice storm. (LAG # 132 to City of Cornelia ) Offset the expenses associated with the recent ice storm. (LAG # 133 to Irwin County ) Help clean up public parks and other recreational facilities. (LAG # 134 to City of Arabi ) Provide funds for landscaping of new medical clinic. (LAG # 135 to Effingham County ) Improvements and update playground. (LAG # 136 to City of Oglethorpe ) Upgrade and maintenance of sewer lines. (LAG # 138 to City of Dawsonville ) Purchase racing hall of fame artifacts for Georgia Racing Hall of Fame Museum. (LAG # 139 to Polk County ) Provide funds for operating expenses and expansion of Boys and Girls Club. (LAG # 140 to Polk County ) Provide funds for Our House shelter. (LAG # 141 to City of Statesboro ) Programming and workshops, special events and instructional programs pertaining to the arts. (LAG # 142 to Hall County ) Provide funds for Georgia police and fire games. (LAG # 143 to City of Kingsland ) Provide general operating funding for Humane Society. (LAG # 144 to Richmond County ) Provide funds for children program. $10,000 $20,000 $40,000 $15,000 $15,000 $15,000 $35,000 $7,500 $7,500 $7,500 $10,000 $12,000 $10,000 $10,000 $30,000 $5,000 $5,000 $25,000 $20,000 $10,000 $15,000 THURSDAY, MARCH 30, 2006 (LAG # 145 to Dekalb County BOE ) Provide funds to address the dropout rate for Dekalb County High Schools. (LAG # 146 to City of Cartersville ) Provide funds to house abandoned children. (LAG # 147 to Dekalb County ) General operating funding for outward bound center. (LAG # 148 to City of Atlanta ) Operating funds for mentoring and tutoring camp for needy young girls. (LAG # 149 to City of Young Harris ) Funding for Accel program at Young Harris College. (LAG # 150 to Clarke County BOE ) To improve the academic and life skills of school-aged youths. (LAG # 151 to Houston County ) Program for children at-risk, teen pregnancy, drop out and abuse. (LAG # 152 to City of Perry ) Provide funds to the Rebound Center. (LAG # 153 to City of Warner Robins ) Provide funds for Robins Air Force Museum for math and science education. (LAG # 154 to Macon County BOE ) Provide and maintain a park for Flint River Farms School Preservation Society. (LAG # 155 to City of Andersonville ) Promote the Andersonville Trail through reprinting brochures and advertising. (LAG # 156 to Clayton County ) Expand summer program to address serious issues of gang violence. (LAG # 157 to City of Ringgold ) Assistance with interconnector to the Moccasin Bend Treatment Facility. (LAG # 158 to City of Palmetto ) To assist Harris Chapel United Method Church in providing students with tutorial help. (LAG # 159 to Fulton County ) Provide general operating funding for an adult day care program. (LAG # 160 to Hall County ) Assist initiative for access to healthcare for uninsured adults. (LAG # 161 to Dekalb County ) Operating funding for 100 Black Men of Dekalb. (LAG # 162 to City of McDonough ) Children with disabilities athletic program. (LAG # 163 to City of Norcross ) Funding for Success Academy. (LAG # 164 to Tift County ) Surveillance equipment for police department. (LAG # 165 to Turner County ) Radar purchase for police department. 5727 $2,000 $40,000 $20,000 $40,000 $15,000 $10,000 $10,000 $2,500 $10,000 $15,000 $5,000 $10,000 $10,000 $8,000 $10,000 $20,000 $10,000 $2,500 $40,000 $8,000 $7,480 5728 JOURNAL OF THE HOUSE (LAG # 166 to City of Lilburn ) Computers for patrol cars and provide for security lighting and emergency phones along city greenway walking trail. (LAG # 167 to City of Leesburg ) New computers for library. (LAG # 168 to Worth County ) New microfilm and printer for library. (LAG # 169 to City of Cuthbert ) A security system for city hall, police dept. and water wells. (LAG # 170 to City of Waycross ) Purchase computers for museum. (LAG # 171 to Dekalb County BOE ) Purchase new equipment for student computer lab at Sequoyah Middle School. (LAG # 172 to Dekalb County BOE ) Purchase new equipment for student computer lab at Hightower Elementary. (LAG # 173 to Dekalb County BOE ) Purchase new equipment for student computer lab at Oakcliff Elementary. (LAG # 174 to Dekalb County BOE ) Purchase new equipment for student computer lab at Ashford Park Elementary. (LAG # 175 to Dekalb County BOE ) Purchase new equipment for student computer lab at Dresden Elementary. (LAG # 176 to Newton County ) Supplement purchase of in-car cameras. (LAG # 177 to Clayton County ) Lighting and computer installation. (LAG # 178 to Cobb County BOE ) Provide funding for classroom technology for Campbell High School. (LAG # 179 to Cobb County BOE ) Provide funding for classroom technology for Campbell Middle School. (LAG # 180 to Montgomery County ) Video production equipment. (LAG # 181 to Dodge County ) Security fencing for airport. (LAG # 182 to Bleckley County ) Laptop computers for sheriff's office. (LAG # 183 to Jeff Davis County ) Security system for court house. (LAG # 184 to Baldwin County ) Provide funds to purchase truck. (LAG # 185 to Irwin County ) Van for the Irwin County Senior Citizen's center meals on wheels. (LAG # 186 to City of Warwick ) Tractor to help in cleaning up city and cutting grass. (LAG # 187 to City of Pinehurst ) Purchase tractor to help in cleaning up city and cutting grass. (LAG # 188 to Cobb County ) Purchase passenger van. (LAG # 189 to City of Atlanta ) To transport children for after school program in academy and daycare. $30,000 $30,000 $9,000 $9,985 $4,850 $3,000 $3,000 $3,000 $3,000 $3,000 $10,000 $10,000 $25,000 $25,000 $10,000 $7,500 $4,000 $10,000 $25,000 $15,000 $15,000 $15,000 $40,000 $15,000 THURSDAY, MARCH 30, 2006 (LAG # 190 to City of Savannah ) Purchase vans. (LAG # 191 to City of Tallapoosa ) Purchase a van for elderly senior center. (LAG # 192 to City of Norman Park ) Purchase new police car. (LAG # 193 to Colquitt County ) Assistance in purchase of used lift truck for electrical work and tree trimming. (LAG # 194 to City of Savannah) Fund services for at-risk children for daily after school program and summer program. (LAG # 195 to City of Nahunta) Complete Nahunta Police Department Public Safety Center and Parking Lot. (LAG # 196 to Evans County) Renovate Tos Theatre. (LAG # 197 to City of Meldrim) Rejuvenate playground at Meldrim Memorial Park. (LAG # 198 to City of Soperton) Construct new fire station. (LAG # 199 to Effingham County) Create access to Ogeechee River. (LAG # 200 to Treutlen County) Implement enhanced 911 for Treutlen County EMS. (LAG # 201 to Tattnall County BOE) Resurface track at Reidsville Middle School. (LAG # 202 to City of Stillmore) Purchase new fire truck. (LAG # 203 to Gwinnett County) Create human services plan for Gwinnett Village. (LAG # 204 to Pierce County) Purchase historical land from the Civil War era. (LAG # 205 to Ware County) Renovate recreation facility. (LAG # 206 to Lanier County) Refurbish county library. (LAG # 207 to City of Lenox) Build fire station. (LAG # 208 to City of Fargo) Upgrade the recreation park. (LAG # 209 to City of Berlin) Purchase computers for Berlin City Hall and renovate City Hall. (LAG # 210 to Decatur County) Purchase new equipment for 10 volunteer fire departments. (LAG # 211 to Colquitt County) Renovate livestock facility. (LAG # 212 to Albany-Dougherty Inner City) Pay off interest incurred during the construction of the Flint RiverQuarium. (LAG # 213 to Calhoun County) Purchase 2 breathing units for volunteer fire department. (LAG # 214 to City of Albany) Fund the 2006 Special Olympics. 5729 $15,000 $25,000 $10,000 $12,000 $50,000 $12,000 $10,000 $25,000 $25,000 $25,000 $25,000 $5,000 $25,000 $25,000 $20,000 $20,000 $12,000 $20,000 $12,000 $25,000 $25,000 $45,000 $25,000 $5,300 $25,000 5730 JOURNAL OF THE HOUSE (LAG # 215 to Crisp County) Upgrade service weapons and holsters for sheriff's. (LAG # 216 to Crisp County) Fund stormwater feasibility study. (LAG # 217 to Crisp County) Upgrade courthouse security. (LAG # 218 to Tift County) Build fire wall in public library. (LAG # 219 to City of Sylvester) Replace telephone system. (LAG # 220 to City of Cordele) Purchase computerized case management system for Cordele. (LAG # 221 to Turner County) Renovate recreation building and purchase equipment. (LAG # 222 to Dooly County) Improve Big Pig Jig site. (LAG # 223 to City of Columbus) Fund operations of Renaissance Personal Development Program. (LAG # 224 to City of Columbus) Develop skilled work force. (LAG # 225 to City of Columbus) Fund cultural education center. (LAG # 226 to City of Columbus) Provide funding for Building Toward Wellness Health Care Intervention. (LAG # 227 to City of Columbus) Provide funds for House of Mercy. (LAG # 228 to Pike County) Purchase three Jaws of Life. (LAG # 229 to Fayette County) Purchase two severe weather sirens. (LAG # 230 to Newton County) Purchase laptop computers for EMS vehicles. (LAG # 231 to Henry County) Purchase video cameras for police cars. (LAG # 232 to Henry County) Fund archaeological dig at Lovejoy Battlefield. (LAG # 233 to Wayne County) Paint farmers market and fence recreation complex. (LAG # 234 to City of Baxley) Beautify City Hall in Baxley. (LAG # 235 to Wheeler County) Renovate recreation department and purchase new equipment. (LAG # 236 to Wayne County) Operate Caregivers Resources. (LAG # 237 to City of Vidalia) Construct new Vidalia Recreation Complex. (LAG # 238 to City of Glennville) Renovate Glennville Community Center. (LAG # 239 to City of Ludowici) Renovate Ludowici City Hall. (LAG # 240 to Jeff Davis County) Video equipment and metal detector for sheriff's office. $10,000 $25,000 $15,000 $10,000 $25,000 $25,000 $25,000 $35,000 $20,000 $20,000 $20,000 $10,000 $15,000 $25,000 $50,000 $50,000 $40,000 $25,000 $5,000 $6,000 $10,000 $10,000 $20,000 $25,000 $40,000 $25,000 THURSDAY, MARCH 30, 2006 (LAG # 241 to Long County) Build new fireproof door and room onto courthouse and install HVAC humidifier. (LAG # 242 to City of Ludowici) Purchase police cars and Intoxilyzer. (LAG # 243 to Laurens County) Purchase computer systems for Laurens County Sheriff's Department. (LAG # 244 to City of Perry) Renovate Big Indian Creek. (LAG # 245 to City of Hawkinsville) Provide funds for Hawkinsville Library. (LAG # 246 to City of Hawkinsville) Lighting for Old Opera House. (LAG # 247 to Johnson County) Equipment for volunteer fire department. (LAG # 248 to City of Cochran) Purchase needed equipment for patrol cars. (LAG # 249 to Johnson County) Purchase kitchen equipment for senior citizen center. (LAG # 250 to City of Rochelle) Assist City of Rochelle with repairing their water system. (LAG # 251 to Dodge County) Purchase radio equipment for Dodge County Sheriff's Department. (LAG # 252 to Cobb County) Improve drainage at Bob Shaw Park. (LAG # 253 to City of Augusta) Fund Augusta Youth Center. (LAG # 254 to McDuffie County) Funds to support and operate the Boys and Girls Club of McDuffie. (LAG # 255 to City of Augusta) Execution of the community vision. (LAG # 256 to Richmond County) Provide operation funds for the Lucy Craft Laney Museum of Black History. (LAG # 257 to Glascock County) Purchase equipment for sheriff's department. (LAG # 258 to City of Thomson ) Replace breathing air system for the fire department. (LAG # 259 to Elbert County ) Refurbish infrastructure of the Nancy Hart Home. (LAG # 260 to Columbia County ) Purchase EMT equipment for the sheriff's office. (LAG # 261 to City of Washington) Refurbish historic facility for after school youth center. (LAG # 262 to Columbia County ) Fund the Columbia County Chamber of Commerce-Industry/Education Partnership. 5731 $30,000 $25,000 $12,815 $15,000 $15,000 $10,000 $10,000 $4,000 $5,000 $5,000 $4,000 $20,000 $25,000 $10,000 $25,000 $25,000 $18,000 $25,000 $15,000 $20,000 $25,000 $25,000 5732 JOURNAL OF THE HOUSE (LAG # 263 to City of Buckhead ) Provide funds for the Buckhead Volunteer Fire Department. (LAG # 264 to Warren County ) Establish an alternative school. (LAG # 265 to City of Flovilla ) Provide funds for the planning and design for a community center. (LAG # 266 to City of Warrenton ) Renovation of city hall. (LAG # 267 to City of Baldwin ) Advertise the Old Capitol Museum. (LAG # 268 to City of Flovilla ) Fund preliminary engineering study for wastewater treatment plant. (LAG # 269 to Putnam County BOE) Purchase two greenhouses for Putnam County High School. (LAG # 270 to City of Sparta ) Fund summer work program. (LAG # 271 to City of Warm Springs ) Renovate the FDR Golf Course at Warm Springs. (LAG # 272 to Douglas County ) Sheriff's office meth task force operating funds. (LAG # 273 to Douglas County ) Cultural Arts Center operating funds. (LAG # 274 to Polk County ) Fund community resources for the Polk County Council for Children and Families. (LAG # 275 to Haralson County ) Fund Buchanan/Haralson Library. (LAG # 276 to Bartow County ) Create programs for Advocates for Children. (LAG # 277 to Haralson County ) Purchase of historical home for Haralson Historical Society. (LAG # 278 to Cobb County BOE) Purchase new technology equipment for Murdoch Elementary. (LAG # 279 to Cobb County ) Renovate and purchase new pavilion for East Cobb park. (LAG # 280 to Cobb County BOE) South Cobb High School band. (LAG # 281 to Fulton County ) Fund Changes Recovery Center in East Point. (LAG # 282 to Fulton County ) Fund operations of CAMP (Community Alliance of Metropolitan Parkway). (LAG # 283 to Fulton County ) Construct the Streetscape Project & Macon Drive Sidewalk Project for the Metropolitan Parkway. (LAG # 284 to City of Acworth ) Purchase cameras for police cars. (LAG # 285 to City of Acworth ) Restore water quality of Lake Allatoona. $10,000 $15,000 $25,000 $25,000 $20,000 $25,000 $25,000 $10,000 $100,000 $20,000 $20,000 $2,500 $20,000 $40,000 $50,000 $28,280 $30,000 $20,000 $25,000 $25,000 $25,000 $75,000 $75,000 THURSDAY, MARCH 30, 2006 (LAG # 286 to Atlanta BOE) Create Student Resource Center for Frederick Douglass High School. (LAG # 287 to City of Stone Mountain ) Construct solid waste compactor facility. (LAG # 288 to City of Pine Lake ) Improve water quality. (LAG # 289 to Dekalb County ) Fund recycle durable medical equipment programs. (LAG # 290 to City of Stone Mountain ) Maintenance of historic trolley barn. (LAG # 291 to City of Stone Mountain ) Subsidize instructor salaries for summer arts camp and fund scholarships. (LAG # 292 to Clayton County ) Fund transitional housing and emergency shelter. (LAG # 293 to Clayton County ) Replace walkways at Confederate Cemetery. (LAG # 294 to Gwinnett County BOE ) Construct Physical/Health Ed. Classroom for Grayson High School. (LAG # 295 to Madison County ) Fund soil testing study. (LAG # 296 to Madison County ) Purchase two sheriff's cars. (LAG # 297 to Jackson County ) Purchase compressor for the South Jackson Volunteer Fire Dept. (LAG # 298 to Stephens County ) Fund the Recovery Academy. (LAG # 299 to Habersham County ) Regional Welcome Center at Tallulah Falls. (LAG # 300 to City of Demorest ) Cover ice storm damages. (LAG # 301 to Hart County ) Develop Hart County Historic Park. (LAG # 302 to Floyd County ) Reconstruct the Roman Arches for the Rome Area Council for the Arts. (LAG # 303 to Floyd County ) Construct indoor movement facility at McHenry Primary School. (LAG # 304 to Floyd County ) Improve and operate Chieftains Museum. (LAG # 305 to Floyd County ) Resurface track at Pepperell High School. (LAG # 306 to Floyd County ) Purchase SWAT response vehicle. (LAG # 307 to Floyd County ) Renovate the Rome History Museum. (LAG # 308 to Chattooga County ) Repair the Sublyna Community Center. (LAG # 309 to Catoosa County ) Repair Ringgold Depot and grounds. (LAG # 310 to Dade County ) Repair roof of community center. 5733 $50,000 $25,000 $25,000 $10,000 $10,000 $10,000 $25,000 $10,000 $100,000 $60,000 $50,000 $25,000 $20,000 $50,000 $7,500 $10,000 $70,000 $75,000 $25,000 $25,000 $50,000 $50,000 $18,000 $15,000 $15,000 5734 JOURNAL OF THE HOUSE (LAG # 311 to Whitfield County ) Fund operations of the Praters Mill historic site. (LAG # 312 to Dekalb County ) Purchase materials for the Scottdale Child Development and Family Resources Ctr. Literacy Program. (LAG # 313 to Fulton County ) Develop multi-age playground. (LAG # 314 to City of Roswell ) Finish construction on new facilities at the Chattahoochee Nature Reserve. (LAG # 315 to City of Columbus) To assist with GED programs. (LAG # 316 to City of Atlanta) Operating funding for impaired vision program for blind babies. (LAG # 317 to Pulaski County Board of Education) To provide for infrastructure improvements for Pulaski County Board of Education. $25,000 $14,823 $50,000 $100,000 $15,000 $10,000 $150,000 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 $2,135,934 State Funds $2,135,934 State General Funds $2,135,934 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,096,517 $3,096,517 Annualize the cost of the FY2006 salary adjustment. $13,371 $13,371 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $17,661 $17,661 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $25,390 $25,390 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,114 $4,114 Increase the number of Signature Community grantees from 5 to 7 to assist additional local governments in implementing their comprehensive plan initiatives. $100,000 $100,000 Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the ($1,627) ($1,627) THURSDAY, MARCH 30, 2006 5735 Administration program. (CC:YES) Transfer the Signature Community Program funds of $250,000 from the Coordinated Planning program to the Regional Services program. (CC:YES) Add 1 position and travel expenses to implement economic development strategies in rural Georgia. Enhance funds for the Local Development Fund from $1.5 million to $5 million. Provide funds for a boundary study of Doraville, Chamblee and the proposed City of Dunwoody. Transfer funds to Local Assistance Grants. Amount appropriated in this Act $250,000 $250,000 $110,508 $110,508 $3,500,000 $3,500,000 $20,000 $20,000 ($5,000,000) ($5,000,000) $2,135,934 $2,135,934 Rental Housing Programs The purpose is to provide affordable rental housing to very low, low, and moderateincome 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 Federal and Other Funds $59,543,386 Federal Funds Not specifically Identified $56,546,807 Agency Funds $2,996,579 State Funds $3,287,829 State General Funds $3,287,829 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,287,829 $62,831,215 Amount appropriated in this Act $3,287,829 $62,831,215 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 $651,130 State Funds $651,130 State General Funds $651,130 5736 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $667,698 $667,698 Annualize the cost of the FY2006 salary adjustment. $5,125 $5,125 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $6,292 $6,292 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $9,045 $9,045 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,466 $1,466 Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. (CC:YES) ($38,496) ($38,496) Amount appropriated in this Act $651,130 $651,130 Special Housing Initiatives The purpose is to provide funds for Special Housing Initiatives. Total Funds Federal and Other Funds Other Funds State Funds State General Funds $4,505,351 $1,172,459 $1,172,459 $3,332,892 $3,332,892 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Change the name "Payments to the State Housing Trust Fund" program back to its original name: "Special Housing Initiatives". (CC:YES) $3,032,892 $4,205,351 Provide grants for accessibility improvements at owneroccupied homes in which an individual with a physical disability resides. $300,000 $300,000 Amount appropriated in this Act $3,332,892 $4,505,351 THURSDAY, MARCH 30, 2006 5737 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 $1,232,550 State Funds $1,232,550 State General Funds $1,232,550 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,190,051 $1,190,051 Annualize the cost of the FY2006 salary adjustment. $9,512 $9,512 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $12,556 $12,556 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $18,048 $18,048 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,925 $2,925 Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. (CC:YES) ($542) ($542) Amount appropriated in this Act $1,232,550 $1,232,550 State Economic Development Program To facilitate and stimulate economic activity, private investment, and job creation by various means including making loans and grants. Total Funds $9,790,911 Federal and Other Funds $11,887 Federal Funds Not specifically Identified $11,887 State Funds $9,779,024 State General Funds $9,779,024 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 5738 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Transfer GTA rate structure adjustments on computer charges of $95,591 from multiple programs to the Administration program. (CC:YES) Provide an enhancement to the State Economic Development program for critical economic development projects. Provide funding to expand the Life Sciences Facilities Fund for investment in entrepreneur-led startup businesses to promote job growth in Georgia's bioscience industry. Add 1 economic development program manager position to work with state agency partners on life sciences and strategic industries loans. Provide funding to the Georgia Cities Foundation. Amount appropriated in this Act State Funds $4,201,762 ($182) $0 $5,000,000 $77,444 $500,000 $9,779,024 Total Funds $4,213,649 ($182) $0 $5,000,000 $77,444 $500,000 $9,790,911 The following appropriations are for agencies attached for administrative purposes. Payments to Georgia Environmental Facilities Authority The purpose is to provide funds for the Georgia Rural Water Association and the Infrastructure Grant Total Funds $6,587,917 Federal and Other Funds $2,135 Other Funds $2,135 State Funds $6,585,782 State General Funds $6,585,782 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $700,000 $700,000 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $2,135 Provide required match funds for the State Energy program. $200,000 $200,000 THURSDAY, MARCH 30, 2006 5739 Provide 1.5 positions and funding to develop the state's energy management capability to reduce cost and usage of energy through improved procurement strategies, data collection and efficient consumption strategies. Provide annual State of Georgia dues to the Southern States Energy Board. Provide grant funds for local governments in the Governor's Land Conservation program. (CC:To include a land conservation position.) Provide additional contract funds to the Georgia Rural Water Association. Amount appropriated in this Act $500,000 $35,782 $5,000,000 $150,000 $6,585,782 $500,000 $35,782 $5,000,000 $150,000 $6,587,917 Payments to Georgia Regional Transportation Authority The purpose is to improve Georgia's mobility, air quality, and land use practices. Total Funds $4,570,617 State Funds $4,570,617 State General Funds $4,570,617 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,360,581 $4,360,581 Annualize the cost of the FY2006 salary adjustment. $33,417 $33,417 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $35,154 $35,154 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $50,537 $50,537 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $3,717 $3,717 Decrease personal services funding in the Mitigation/Land Use Planning program to reflect the transfer of a position to the Transportation Project Planning program. ($2,897) ($2,897) Provide funding for 1 position in the Transit Implementation program to coordinate transit services and policy. $90,108 $90,108 5740 JOURNAL OF THE HOUSE Amount appropriated in this Act $4,570,617 $4,570,617 Payments to OneGeorgia Authority The purpose is to provide funds for the OneGeorgia Authority. Total Funds Federal and Other Funds Other Funds State Funds Tobacco Funds $47,385,364 $262,031 $262,031 $47,123,333 $47,123,333 Payments to 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. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,032,892 $4,205,351 Change the name "Payments to the State Housing Trust Fund" program back to its original name: "Special Housing Initiatives". ($3,032,892) ($4,205,351) Amount appropriated in this Act $0 $0 Section 17: Community Health, Department of Total Funds Federal and Other Funds Agency Funds Other Funds Medical Assistance Program Indigent Care Trust Fund - Public Hospital Authorities State Children's Insurance Program State Funds Tobacco Funds State General Funds Intra-State Government Transfers $10,434,220,659 $5,292,063,552 $2,532,160 $166,598,082 $4,773,739,347 $158,537,322 $190,656,641 $2,379,182,299 $55,944,361 $2,323,237,938 $2,762,974,808 THURSDAY, MARCH 30, 2006 5741 Health Insurance Payments Medicaid Services Payments - Other Agencies $2,430,674,325 $332,300,483 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. Administration To provide administrative support to all departmental programs. Total Funds Federal and Other Funds Agency Funds Other Funds Medical Assistance Program State Children's Insurance Program State Funds State General Funds Intra-State Government Transfers Health Insurance Payments $337,474,942 $255,432,480 $232,160 $14,130,000 $232,918,218 $8,152,102 $62,802,199 $62,802,199 $19,240,263 $19,240,263 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $62,221,212 $308,047,110 Annualize the cost of the FY2006 salary adjustment. $118,261 $299,887 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $99,248 $288,976 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $157,806 $297,747 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $10,684 $22,354 5742 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Fund the following contract costs. a) Enrollment Broker for Georgia Healthy Families (GHF) (Total Funds: $17,422,256; State Funds: $8,711,128) b) DHR contract Right from the Start Medicaid (RSM) (Total Funds: $7,600,000; State Funds: $3,800,000) c) Eligibility Review contract (Total Funds: $3,237,744; State Funds: $1,618,872) Use savings generated from Medicaid efficiencies (Medicaid Benefit Prior Reserves) to fully fund additional contract needs. Properly align fund sources. By December 1, 2006, the department shall conduct an analysis of Medicaid Buy-In programs operational in other states and shall recommend a cost-effective Medicaid Buy-In program that would allow working Georgians with disabilities to receive healthcare through Medicaid. (CC:YES) Any data warehouse system with decision support and executive information capabilities will be a single procurement that will include enterprise business intelligence capabilities with the minimum addition of Medicaid applicable data sets from the Georgia Department of Community Health and the Georgia Department of Human Resources. (CC:YES) Amount appropriated in this Act $194,988 $14,130,000 ($14,130,000) $0 $0 $0 $62,802,199 $258,868 $28,260,000 $0 $0 $0 $0 $337,474,942 Health Care Access and Improvement To improve the health, wellness and access to healthcare for Georgians. Total Funds Federal and Other Funds Agency Funds Medical Assistance Program State Funds State General Funds $11,999,455 $649,838 $100,000 $549,838 $11,349,617 $11,349,617 THURSDAY, MARCH 30, 2006 5743 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,786,551 $6,436,389 Annualize the cost of the FY2006 salary adjustment. $18,567 $18,567 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,050 $1,050 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $14,656 $14,656 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $28,793 $28,793 Properly align fund sources. $0 $0 Provide funds to upgrade the cancer treatment center at Oconee Medical Center. $150,000 $150,000 Provide one-time funding to the Georgia Association for Primary Health Care to establish a statewide EMR system to link the federally qualified Community Health Centers. $750,000 $750,000 Provide additional funds to support the Georgia Statewide Area Health Education Center (AHEC) Network. $150,000 $150,000 Provide funds for the Southwest Georgia Cancer Coalition. $200,000 $200,000 Support the operation of Hughes Spalding Children's Hospital. (CC:Transferred from Indigent Care Trust Fund.) $3,750,000 $3,750,000 Provide funds to the Georgia Cancer Coalition from the Renewal of Breast Cancer car tags. $500,000 $500,000 Add one operating room to the total number of Certificate of Need permitted operating rooms for each Level One Trauma Center. (CC:YES) $0 $0 Amount appropriated in this Act $11,349,617 $11,999,455 Indigent Care Trust Fund To support rural and other healthcare providers, primarily hospitals, that serves medically indigent Georgians. Total Funds $795,216,715 Federal and Other Funds $649,716,080 5744 JOURNAL OF THE HOUSE Agency Funds Medical Assistance Program Indigent Care Trust Fund - Public Hospital Authorities State Funds State General Funds $2,200,000 $488,978,758 $158,537,322 $145,500,635 $145,500,635 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $368,267,504 Support the operation of Hughes Spalding Children's Hospital. (CC:Transfer to Health Care $0 $0 Access and Improvement program.) Provide funds to replace Disproportionate Share Hospital payments used for Right from the Start Medicaid eligibility services performed by the Department of Human Resources. $0 ($7,600,000) Appropriate Quality Assessment fee revenues to support care management. $145,500,635 $377,825,591 Replace Indigent Care Trust Funds for Right from the Start Medicaid services for pregnant women and children. $0 ($57,128,020) Adjust funding to reflect projected by Disproportionate Share Hospitals for uncompensated services to medically indigent Georgians. $0 $108,138,838 Reflect projected revenue from ambulance fees used to make payments to ambulance Providers in the Medicaid Program. $0 $5,712,802 Properly align fund sources. $0 $0 Amount appropriated in this Act $145,500,635 $795,216,715 Aged, Blind, and Disabled Medicaid To improve healthcare access primarily to elderly and disabled individuals. Total Funds $3,836,979,719 Federal and Other Funds $2,593,889,527 Other Funds $72,641,804 Medical Assistance Program $2,521,247,723 THURSDAY, MARCH 30, 2006 5745 State Funds State General Funds Intra-State Government Transfers Medicaid Services Payments - Other Agencies $944,337,320 $944,337,320 $298,752,872 $298,752,872 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $897,259,297 $3,586,371,934 Replace Tobacco Funds with State Funds to support $0 $0 Independent Care Waiver Slots. Fund a monthly supplement of $20 to be used by nursing home residents who receive Supplemental Security Income to purchase personal items such as shampoo and toothpaste. (CC:Fund a monthly $2,288,002 $2,288,002 supplement of $20 to be used by all persons in nursing homes, as well as those in the hospice program in nursing home settings, remainder in DHR.) Update nursing home reimbursement rates to the FY $20,030,472 2005 cost reports. (CC:Governor's position.) $52,013,690 Reduce Medicaid costs generated in the Aged, Blind and Disabled populations through the provision of better business practices to ensure that the member receives the right services, at the right time and the right cost. (CC:Reduce Medicaid Benefit costs by ($25,038,336) ($65,017,751) implementing an Administrative Services Organization model as a gatekeeper.) Fund the projected growth in Medicaid Benefits. $105,181,780 $344,856,262 (CC:Assume 5.5% growth.) Provide funds to replace Upper Payment Limit funds for Medicaid Benefit services. $90,000,000 ($1,726,671) Reduce Medicaid Benefit costs by eliminating selfdeclaration of income and implementing a centralized third-party verification of income and assets for both enrollment and re-enrollment. ($6,250,000) ($16,229,551) (CC:Governor's position.) Reflect an increase in the Federal Funds ($36,545,869) $0 participation rate. 5746 JOURNAL OF THE HOUSE Perform voluntary interim hospital cost settlements based on "as-filed" cost reports to recover funds from provider over-payment. (CC:For years of service FY02-FY05.) Realize savings from Medicaid efficiencies (Medicaid Benefit Prior Year Reserves). (CC:Use savings generated from Medicaid efficiencies to fully fund additional Medicaid needs: Recovery of Overpayments, Expenditures less than budget, Drug Rebates in excess of budget, cost settlements collected early, Accounts Receivable Balances.) Additional cost associated with savings estimates for FY 2006 budget cuts that will not be realized for Disease Management, Emergency Room Pilot Expansion and the transfer of nursing home residents to the SOURCE program. (State Funds: $6,150,348) (Total Funds: $15,594,188) Properly align fund sources. Add 152 new slots to the Independent Care Waiver Program (ICWP) for Disabilities and Traumatic Brain Injuries. (CC:10 slots annualized from HB 1026 and 142 new slots.) Amount appropriated in this Act ($26,229,750) ($68,111,529) ($79,645,233) ($6,000,000) $0 $0 $0 $3,286,957 $0 $8,535,333 $944,337,320 $3,836,979,719 Low-Income Medicaid To improve healthcare access primarily to low-income individuals. Total Funds Federal and Other Funds Other Funds Medical Assistance Program State Funds Tobacco Funds State General Funds Intra-State Government Transfers Medicaid Services Payments - Other Agencies $2,501,610,038 $1,463,350,336 $79,826,278 $1,383,524,058 $1,004,712,091 $50,973,656 $953,738,435 $33,547,611 $33,547,611 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 30, 2006 5747 Amount from prior Appropriation Act (HB 85) Transfer State Funds from the Department of Human Resources Community Services Adult program to the Department of Community Health Low-Income Medicaid program to implement Georgia Healthy Families which serves Medicaid clients who receive mental health services. (CC:Change in CMO implementation dates for the six regions in the state.) Provide funds to replace Indigent Care Trust Funds for Right from the Start Medicaid services for pregnant women and children. Fund the cost to move from a cash basis to an accrual basis budget in order to make capitation payments to Care Management Organization (CMO) providers. Fund Medicaid costs associated with the expansion of the newborn screening program administered by the Department of Human Resources. (CC:Reflect change in implementation date from July 2006 to January 2007.) Fund the projected growth in Medicaid Benefits. (CC:Assume 5.5% growth.) Provide funds to replace Upper Payment Limit funds for Medicaid Benefit services. Reduce Medicaid Benefit costs by eliminating selfdeclaration of income and implementing a centralized third-party verification of income and assets for both enrollment and re-enrollment. (CC:Governor's position.) Realize savings from Medicaid efficiencies (Medicaid Benefit Prior Year Reserves). Reflect an increase in the Federal Funds participation rate. Reflect savings from CMO implementation. Perform voluntary interim hospital cost settlements based on "as-filed" cost reports to recover funds from provider over-payment. (CC:For years of service FY02-FY05.) State Funds $1,085,234,722 $17,178,027 $22,000,000 $102,514,604 $449,192 $109,429,858 $55,243,078 ($18,750,000) ($79,093,788) ($24,016,224) ($78,459,736) ($44,363,597) Total Funds $2,631,014,671 $0 $57,128,019 $266,202,555 $1,166,429 $284,159,590 $0 ($48,688,652) $0 $0 ($203,738,603) ($115,200,200) 5748 JOURNAL OF THE HOUSE Reflect savings from Medicaid efficiencies (Care Management Quality Assessment Fee). Properly align fund sources. Provide dental coverage for pregnant women, limited to these codes: 0120, 0150, 0180, 1204, 0110, 2330 - 2332, 2140, 2150, 2160, 2161, 2335, 2391 - 2394, 4240, 4241, 4910, 4341, 4342, 7286, 9110, and 9215. Increase reimbursement rate for Health Checks for Children ages 0 to 8. (CC:Increase rate to $67.38 within the CMO contracts.) Reduce funds for the newborn screening due to the CMO delay. (CC:Reduction of $549,192 in expansion item.) Increase the reimbursement rate to $62.53 for Speech Therapy Visits, Code 92507. Amount appropriated in this Act ($145,500,635) $0 $2,500,000 $0 $0 $346,590 $1,004,712,091 ($377,825,591) $0 $6,491,820 $0 $0 $900,000 $2,501,610,038 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 $245,807,928 Federal and Other Funds $146,520,752 Medical Assistance Program $146,520,752 State Funds $99,287,176 State General Funds $99,287,176 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $100,229,284 $248,196,640 Reflect projected nursing home provider fee revenue. ($942,108) ($2,388,712) Amount appropriated in this Act $99,287,176 $245,807,928 THURSDAY, MARCH 30, 2006 5749 PeachCare To improve access to healthcare for qualified low-income Georgia children. Total Funds $249,664,212 Federal and Other Funds $182,504,539 State Children's Insurance Program $182,504,539 State Funds $67,159,673 Tobacco Funds $4,970,705 State General Funds $62,188,968 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $67,159,673 $241,496,714 Reflect an increase in the Federal Funds participation rate. $0 $8,167,498 Restore the dental codes cut in the fiscal year 2006 $0 $0 budget in the PeachCare dental budget using funds already included in the CMO rates as members move into risk-based managed care. (CC:YES) Amount appropriated in this Act $67,159,673 $249,664,212 State Health Benefit Plan To provide a healthcare benefit that is competitive with other commercial benefit plans in quality of care, access to providers and efficient management of provider fees and utilization. It is the intent of this General Assembly that the employer contribution rate for the teachers' and state employees' health benefit plan for Fiscal Year 2007 shall not exceed 16.713%. Total Funds $2,411,434,062 Intra-State Government Transfers $2,411,434,062 Health Insurance Payments $2,411,434,062 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $1,959,882,468 Reflect projected revenue from increasing the State Health Benefit Plan Employer Premium in FY 2007. $0 $206,991,162 5750 JOURNAL OF THE HOUSE Reflect an adjustment in Other Funds to comply with program budgeting. The Department of Community Health and Board of Regents shall offer a Health Reimbursement Arrangement (HRA) for every SHBP participant and fund a Health Incentive Account (HIA) that rewards changed behaviors of plan participants that have demonstrated savings. (CC:The Department shall conduct a study of potential savings to the State Health Benefit Plan and the Board of Regents Health Plan by offering a Health Reimbursement Arrangement (HRA) for every SHBP participant and fund a Health Incentive Account (HIA) that rewards changed behaviors of plan participants that have demonstrated savings.) Remove prior approval for Omeprazole OTC as the only PPI paid for in the SHBP and Board of Regents Plan. (CC:The Department shall conduct a study of potential savings to the State Health Benefit Plan and the Board of Regents Health Plan not requiring prior approval for any proton pump inhibitor (PPI) if a drug manufacturer of said PPI provides a total net price including rebates and discounts which is equal to or less than the total net price of over-thecounter Omeprazole.) Amount appropriated in this Act $0 $244,560,432 $0 $0 $0 $0 $0 $2,411,434,062 The following appropriations are for agencies attached for administrative purposes. Composite Board of Medical Examiners To protect the public's health by ensuring healthcare practitioners are qualified to practice in the State of Georgia. Total Funds $2,202,555 State Funds $2,202,555 State General Funds $2,202,555 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,135,705 $2,135,705 THURSDAY, MARCH 30, 2006 5751 Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Reduce funding for telecommunications. Fund 20 additional peer reviews annually in order to respond to consumer complaints related to physician care. Amount appropriated in this Act $17,115 $15,693 $30,446 $1,596 ($3,000) $5,000 $2,202,555 $17,115 $15,693 $30,446 $1,596 ($3,000) $5,000 $2,202,555 Georgia Board for Physician Workforce, Administration To provide administrative support to all agency programs. Total Funds State Funds State General Funds $559,455 $559,455 $559,455 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $533,241 $533,241 Annualize the cost of the FY2006 salary adjustment. $5,747 $5,747 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $13,261 $13,261 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $359 $359 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $6,847 $6,847 Amount appropriated in this Act $559,455 $559,455 Georgia Board for Physician Workforce, Graduate Medical Education To address the physician workforce needs of Georgia communities through the support and development of medical education programs. Total Funds $6,712,223 5752 JOURNAL OF THE HOUSE State Funds State General Funds $6,712,223 $6,712,223 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,501,965 $6,501,965 Provide funds for two additional slots in the Pediatric Residency Program at the Medical Center of Central Georgia. $36,579 $36,579 Fund a 4% increase in the capitation rates for the Family Practice Residency program ($159,280) and Pediatrics Residency program ($72,291). (CC:3% $173,679 $173,679 increase.) Amount appropriated in this Act $6,712,223 $6,712,223 Georgia Board for Physician Workforce, Mercer School of Medicine The Mercer University School of Medicine Program of the GBPW helps ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with Mercer University School of Medicine. Total Funds $19,060,862 State Funds $19,060,862 State General Funds $19,060,862 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $17,960,862 $17,960,862 Increase operating grant. $1,100,000 $1,100,000 Amount appropriated in this Act $19,060,862 $19,060,862 Georgia Board for Physician Workforce, Morehouse School of Medicine The Morehouse School of Medicine Program of the GBPW helps ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with Morehouse School of Medicine. Total Funds $10,547,293 State Funds $10,547,293 THURSDAY, MARCH 30, 2006 5753 State General Funds $10,547,293 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $10,141,628 $10,141,628 Increase operating grant. $405,665 $405,665 Amount appropriated in this Act $10,547,293 $10,547,293 Georgia Board for Physician Workforce, Undergraduate Medical Education To ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with certain private medical schools in Georgia. Total Funds $3,538,484 State Funds $3,538,484 State General Funds $3,538,484 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,428,706 $3,428,706 Fund a 4% increase in the capitation rates for the Georgia Medical Student program. (CC:3% increase.) $109,778 $109,778 Amount appropriated in this Act $3,538,484 $3,538,484 State Medical Education Board To ensure an adequate supply of physicians in rural areas of the state; and to provide a program of aid to promising medical students. Total Funds $1,412,716 State Funds $1,412,716 State General Funds $1,412,716 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,352,788 $1,352,788 Annualize the cost of the FY2006 salary adjustment. $2,608 $2,608 5754 JOURNAL OF THE HOUSE Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase the contract ($15,000) with the Georgia Student Finance Commission for monitoring of outstanding loan repayment collections; increase funding for the Medical Fair ($20,000); and provide additional funds ($15,000) for physicians seeking to practice in rural Georgia by assisting with medical debt payments. Amount appropriated in this Act $3,872 $172 $3,276 $50,000 $1,412,716 $3,872 $172 $3,276 $50,000 $1,412,716 Section 18: Corrections, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers $1,024,846,682 $27,089,988 $6,124,479 $20,965,509 $997,756,694 $997,756,694 $0 Administration To protect and serve the citizens of Georgia by providing an effective and efficient department that administers a balanced correctional system. Total Funds $60,859,392 Federal and Other Funds $1,836,000 Federal Funds Not specifically Identified $1,836,000 State Funds $59,023,392 State General Funds $59,023,392 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $53,012,017 $54,848,017 THURSDAY, MARCH 30, 2006 5755 Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Transfer funds from closing a Probation Detention Center to Inmate Release Funds ($150,000), fuel storage tank maintenance ($220,000) and food services ($1,060,905). (CC:Keep Pike open) Realign Personal Services to more accurately reflect projected program expenditures. Transfer 1 position to the Georgia Peace Officer Standards and Training Council. Provide additional funding to reflect annualized cost of 4 Day Reporting Centers opened in FY 2006. (CC:Annualize the costs using existing funds) Provide additional funding to reflect annualized cost of the Special Education program. Realign contract funds to more accurately reflect projected program expenditures. Eliminate special education program startup funds. Eliminate the Bar Association Support to Improve Correctional Services (BASICS) program. Reduce Administration Program by 13%. (CC:Reduce Administration by $3,000,000) Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement position(s): Correctional Officer, Probation Officer 1, and Probation Officer 2. Amount appropriated in this Act $257,660 $444,366 $193,062 $567,864 $104,921 $0 $2,513,950 ($43,499) $0 $12,528 ($214,569) ($6,300) ($100,000) ($3,000,000) $5,281,392 $59,023,392 $257,660 $444,366 $193,062 $567,864 $104,921 $0 $2,513,950 ($43,499) $0 $12,528 ($214,569) ($6,300) ($100,000) ($3,000,000) $5,281,392 $60,859,392 Bainbridge PSATC To provide a sanctioning option for probationers who require more security and 5756 JOURNAL OF THE HOUSE supervision than provided by regular community supervision. Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds State Funds State General Funds $4,718,134 $27,789 $20,743 $7,046 $4,690,345 $4,690,345 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,226,673 $3,254,462 Annualize the cost of the FY2006 salary adjustment. $23,298 $23,298 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $30,549 $30,549 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $39,040 $39,040 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $6,226 $6,226 Realign Personal Services to more accurately reflect projected program expenditures. ($51,930) ($51,930) Provide start-up funding ($797,339) and 3 months operating ($770,106) for the Bainbridge Probation Substance Abuse Treatment Center's 192 bed expansion. $1,389,359 $1,389,359 Realign contract funds to more accurately reflect projected program expenditures. $27,130 $27,130 Amount appropriated in this Act $4,690,345 $4,718,134 Compensation per General Assembly Resolutions To fund HR108 of the 2005 session. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $512,377 $512,377 THURSDAY, MARCH 30, 2006 5757 Remove Inmate Compensation funds originally appropriated in FY2006 in accordance with House Resolution 108. Amount appropriated in this Act ($512,377) ($512,377) $0 $0 Detention Centers To provide a sanctioning option for probationers who require more security or supervision than provided by the regular community supervision or a diversion center. Total Funds $43,877,307 Federal and Other Funds $2,253,433 Federal Funds Not specifically Identified $1,063,318 Agency Funds $1,190,115 State Funds $41,623,874 State General Funds $41,623,874 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $43,455,859 $47,166,724 Annualize the cost of the FY2006 salary adjustment. $339,660 $339,660 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $507,875 $507,875 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $649,025 $702,741 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $90,227 $90,227 Reflect loss of federal funds from State Criminal Alien Assistance Program (SCAAP). (CC:YES) $0 ($1,140,301) Redistribute funds from conversion of a Probation Detention Center to a State Prison Unit. (CC:YES) ($2,010,646) ($2,062,294) Redistribute funds from closing a Probation Detention Center to open Long Inmate Boot Camp attached to Smith State Prison. (CC:YES) ($1,943,378) ($2,262,577) Realign Personal Services to more accurately reflect projected program expenditures. (CC:YES) $535,252 $535,252 Amount appropriated in this Act $41,623,874 $43,877,307 5758 JOURNAL OF THE HOUSE Food and Farm Operations To raise crops and livestock, and produce dairy items used in preparing meals for offenders. Total Funds $12,650,465 Federal and Other Funds $67,000 Federal Funds Not specifically Identified $22,000 Agency Funds $45,000 State Funds $12,583,465 State General Funds $12,583,465 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $12,407,740 $12,624,465 Annualize the cost of the FY2006 salary adjustment. $44,604 $44,604 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $65,256 $65,256 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $83,392 $83,392 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $24,150 $24,150 Transfer funds from closing a Probation Detention $0 $0 Center to Inmate Release Funds ($150,000), fuel storage tank maintenance ($220,000) and food services ($1,060,905). (CC:Keep Pike open) Realign Personal Services to more accurately reflect projected program expenditures. (CC:YES) ($41,677) ($41,677) Reflect loss of other funds due to reduced participation in employee meal program. (CC:YES) $0 ($149,725) Amount appropriated in this Act $12,583,465 $12,650,465 Health 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 $184,488,247 Federal and Other Funds $8,464,209 Agency Funds $8,464,209 THURSDAY, MARCH 30, 2006 5759 State Funds State General Funds $176,024,038 $176,024,038 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $151,543,143 $160,007,352 Annualize the cost of the FY2006 salary adjustment. $155,401 $155,401 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $183,267 $183,267 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $234,201 $234,201 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $306,085 $306,085 Provide start-up ($754,464) and 2 months of operating funds ($427,924) for a 192 bed expansion at Calhoun State Prison to reduce county jail backlogs and meet increased capacity needs. $134,359 $134,359 Provide start-up funding ($797,339) and 3 months operating ($770,106) for the Bainbridge Probation Substance Abuse Treatment Center's 192 bed expansion. $178,086 $178,086 Realign Personal Services to more accurately reflect projected program expenditures. (CC:YES) ($402,267) ($402,267) Provide operating funds for 768 beds at 4 vacant Probation Detention Centers to be operated as State Prison units to reduce county jail backlogs and meet increased capacity needs. $3,010,233 $3,010,233 Provide operating funds for 918 additional inmate beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. $3,595,500 $3,595,500 Provide start-up ($1,642,319) and 5 months of operating funds ($2,595,608) for a 525 bed expansion at Johnson State Prison to reduce county jail backlogs and meet increased capacity needs. $883,973 $883,973 Provide increased funding for inmate mental health care ($630,101), dental health care ($63,634) and county correctional institutions' health care ($115,053). $808,788 $808,788 5760 JOURNAL OF THE HOUSE Provide operating funds for 1,348 temporary inmate beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. Provide additional funding for Health Services Purchases. Provide funding for Hepatitis B immunization. Amount appropriated in this Act $5,279,374 $9,613,895 $500,000 $176,024,038 $5,279,374 $9,613,895 $500,000 $184,488,247 Jail Subsidy To reimburse counties for the costs of incarcerating state prisoners in their local facilities. Total Funds $4,798,492 State Funds $4,798,492 State General Funds $4,798,492 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,653,491 $12,154,999 Reduce funding for County Subsidy for Jails to reflect reduction in county jail backlog. ($4,854,999) ($4,854,999) Reflect loss of federal funds from State Criminal Alien Assistance Program (SCAAP). (CC:YES) $0 ($2,501,508) Amount appropriated in this Act $4,798,492 $4,798,492 Offender Management To provide cost effective correctional services that ensures public safety. Total Funds State Funds State General Funds $44,243,248 $44,243,248 $44,243,248 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $44,118,606 $44,118,606 Annualize the cost of the FY2006 salary adjustment. $36,266 $36,266 THURSDAY, MARCH 30, 2006 5761 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Transfer funds from closing a Probation Detention Center to Inmate Release Funds ($150,000), fuel storage tank maintenance ($220,000) and food services ($1,060,905). (CC:Keep Pike open) Realign Personal Services to more accurately reflect projected program expenditures. (CC:YES) Amount appropriated in this Act $47,709 $60,969 $84,396 $0 ($104,698) $44,243,248 $47,709 $60,969 $84,396 $0 ($104,698) $44,243,248 Parole Revocation Centers To provide a sanction for parole violations. Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds State Funds State General Funds $4,035,906 $59,648 $10,510 $49,138 $3,976,258 $3,976,258 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,835,308 $3,894,956 Annualize the cost of the FY2006 salary adjustment. $34,514 $34,514 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $44,704 $44,704 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $57,128 $57,128 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $7,451 $7,451 Realign Personal Services to more accurately reflect projected program expenditures. (CC:YES) ($2,847) ($2,847) 5762 JOURNAL OF THE HOUSE Amount appropriated in this Act $3,976,258 $4,035,906 Private Prisons To provide a cost effective correctional service that ensures public safety. Total Funds State Funds State General Funds $76,785,722 $76,785,722 $76,785,722 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $72,518,200 $72,518,200 Provide for a 3.5% CPI increase in the per diem rate for contracted prison beds and 470 additional inmates. (CC:YES;For 3.5% CPI increase and 470 additional beds) $4,267,522 $4,267,522 Amount appropriated in this Act $76,785,722 $76,785,722 Probation Diversion Centers 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 $14,755,843 Federal and Other Funds $2,812,861 Agency Funds $2,812,861 State Funds $11,942,982 State General Funds $11,942,982 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $12,784,156 $16,172,848 Annualize the cost of the FY2006 salary adjustment. $150,226 $150,226 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $154,989 $154,989 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $198,063 $251,779 THURSDAY, MARCH 30, 2006 5763 Increase funds to reflect an adjustment in the Workers' Compensation premiums. Redistribute funds from conversion of 2 Probation Diversion Centers to Transition Centers. (CC:YES) Reflect loss of federal funds from State Criminal Alien Assistance Program (SCAAP). (CC:YES) Realign Personal Services to more accurately reflect projected program expenditures. (CC:YES) Amount appropriated in this Act $30,938 ($1,624,714) $0 $249,324 $11,942,982 $30,938 ($2,054,261) ($200,000) $249,324 $14,755,843 Probation Supervision To supervise probationers. Total Funds State Funds State General Funds $72,645,537 $72,645,537 $72,645,537 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $68,632,697 $68,632,697 Annualize the cost of the FY2006 salary adjustment. $542,619 $542,619 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $871,984 $871,984 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $1,114,327 $1,114,327 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $131,290 $131,290 Provide state operating funds for the Griffin Day Reporting Center to replace inmate telephone commission funds no longer available. (CC:YES) $250,000 $250,000 Realign Personal Services to more accurately reflect projected program expenditures. (CC:YES) ($122,728) ($122,728) Provide additional funding to reflect annualized cost of 4 Day Reporting Centers opened in FY 2006. (CC:YES) $1,026,148 $1,026,148 Provide funding to replace outdated ballistic vests used for Probation and Surveillance Officers. $199,200 $199,200 5764 JOURNAL OF THE HOUSE Amount appropriated in this Act $72,645,537 $72,645,537 State Prisons To house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment. Total Funds $477,265,962 Federal and Other Funds $11,569,048 Federal Funds Not specifically Identified $3,171,908 Agency Funds $8,397,140 State Funds $465,696,914 State General Funds $465,696,914 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $431,214,343 $442,582,200 Annualize the cost of the FY2006 salary adjustment. $3,648,991 $3,648,991 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $5,116,336 $5,116,336 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $6,538,276 $6,699,425 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $846,634 $886,676 Redistribute funds from conversion of a Probation Detention Center to a State Prison Unit. (CC:YES) $2,046,575 $2,046,575 Reflect loss of federal funds for purchase of dry milk powder and milk replacement products needed to feed inmates. $416,759 $416,759 Realign Personal Services to more accurately reflect projected program expenditures. (CC:YES) ($2,620,028) ($2,620,028) Redistribute funds from closing a Probation Detention Center to open Long Inmate Boot Camp attached to Smith State Prison. (CC:YES) $1,668,724 $1,668,724 Provide start-up ($1,642,319) and 5 months of operating funds ($2,595,608) for a 525 bed expansion at Johnson State Prison to reduce county jail backlogs and meet increased capacity needs. $3,353,954 $3,353,954 THURSDAY, MARCH 30, 2006 5765 Provide start-up ($754,464) and 2 months of operating funds ($427,924) for a 192 bed expansion at Calhoun State Prison to reduce county jail backlogs and meet increased capacity needs. $1,048,028 Realign contract funds to more accurately reflect projected program expenditures. (CC:YES) $187,439 Provide operating funds for 1,348 temporary inmate beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. $898,509 Provide operating funds for 768 beds at 4 vacant Probation Detention Centers to be operated as State Prison units to reduce county jail backlogs and meet increased capacity needs. $8,890,699 Provide operating funds for 918 additional inmate beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. $2,320,276 Provide additional funding to reflect annualized cost of the Special Education program. $279,201 Eliminate special education program startup funds. ($205,802) To provide funds to the Wilcox State Prison to purchase a generator, a transfer switch and installation. (CC:YES) $48,000 To provide funds for door and window frame $0 replacements at multiple locations and to fund security hardening at Washington State prison. (CC:Fund through Bonds) Amount appropriated in this Act $465,696,914 $1,048,028 $187,439 $898,509 $8,890,699 $2,320,276 $279,201 ($205,802) $48,000 $0 $477,265,962 Transitional Centers 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 $23,722,427 State Funds $23,722,427 State General Funds $23,722,427 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $20,313,455 $20,313,455 5766 JOURNAL OF THE HOUSE Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Redistribute funds from conversion of 2 Probation Diversion Centers to Transition Centers. (CC:YES) Provide operating funds for 1,348 temporary inmate beds at existing facilities to reduce county jail backlogs and meet increased capacity needs. Realign Personal Services to more accurately reflect projected program expenditures. (CC:YES) Amount appropriated in this Act $145,219 $223,931 $286,166 $38,858 $2,628,204 $38,945 $47,649 $23,722,427 $145,219 $223,931 $286,166 $38,858 $2,628,204 $38,945 $47,649 $23,722,427 Section 19: Defense, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers $46,351,950 $37,536,486 $36,692,112 $844,374 $8,815,464 $8,815,464 $0 Administration To provide administration to the organized militia in the State of Georgia. Total Funds Federal and Other Funds Federal Funds Not specifically Identified State Funds State General Funds $1,111,222 $140,489 $140,489 $970,733 $970,733 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 30, 2006 5767 Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Redistribute $173,000 in State funds from Defense Administration to Civil Support ($148,000) and Facilities Management ($25,000). Transfer $1,166,525 from Administration to Military Readiness. Amount appropriated in this Act State Funds $2,275,222 $5,593 $7,901 Total Funds $2,516,146 $6,732 $7,901 $15,268 $52,485 $6,274 $6,274 ($173,000) ($173,000) ($1,166,525) ($1,305,316) $970,733 $1,111,222 Military Readiness To provide a trained and ready military land force and 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 $36,257,401 Federal and Other Funds $31,890,758 Federal Funds Not specifically Identified $31,046,384 Agency Funds $844,374 State Funds $4,366,643 State General Funds $4,366,643 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $475,776 $840,776 Annualize the cost of the FY2006 salary adjustment. $23,106 $101,745 Provide for a salary increase in FY 2007 of up to 4% $31,770 $31,770 effective January 1, 2007. Increase funds to reflect an adjustment in the employer $29,732 $102,208 share of the State Health Benefit Plan premiums from 14.20% to 16.713%. 5768 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the Workers' Compensation premiums. Transfer the Facilities Management program to the Military Readiness program. Transfer $1,166,525 from Administration to Military Readiness. Transfer the State Defense Force and Federal-State Joint Operations to the Military Readiness program. Increase regular operating expenses ($44,353), telecommunications ($500), and per diem and fees ($23,470) to support the Georgia State Defense Force program. Increase regular operating expenses to maintain additional facilities for the JSTARS unit at Robins Air Force Base. (Total funds: $400,000). Redistribute $173,000 in State funds from Defense Administration to Military Readiness. Provide funds for two publications: two editions of Georgia Guardsman and the annual publication of Airlift Chronicle. Amount appropriated in this Act $12,212 $12,212 $2,254,499 $32,848,793 $1,166,525 $1,305,316 $5,700 $347,258 $68,323 $68,323 $100,000 $400,000 $173,000 $26,000 $173,000 $26,000 $4,366,643 $36,257,401 Youth Educational Services To provide educational and vocational opportunities to at-risk youth in Georgia. Total Funds $8,983,327 Federal and Other Funds $5,505,239 Federal Funds Not specifically Identified $5,505,239 State Funds $3,478,088 State General Funds $3,478,088 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Annualize the cost of the FY2006 salary adjustment. $18,254 $47,433 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $26,600 $26,600 THURSDAY, MARCH 30, 2006 5769 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Create a Youth Educational Services program within the Department of Defense. Transfer the Youth Challenge program and the Starbase program into a Youth Services Program. Amount appropriated in this Act $60,268 $24,758 $0 $3,348,208 $3,478,088 $207,177 $24,758 $0 $8,677,359 $8,983,327 Section 20: Driver Services, Department of Total Funds Federal and Other Funds Other Funds State Funds State General Funds Intra-State Government Transfers $54,152,849 $721,456 $721,456 $53,431,393 $53,431,393 $0 Customer Service Support To administer License Issuance, Motor Vehicle Registration and Commercial Truck Compliance. Total Funds $8,777,916 Federal and Other Funds $857 Other Funds $857 State Funds $8,777,059 State General Funds $8,777,059 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,948,415 $4,948,415 Annualize the cost of the FY2006 salary adjustment. $36,331 $36,331 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $49,148 $49,148 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from $85,715 $86,572 5770 JOURNAL OF THE HOUSE 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Reduce operating expenses in the License Issuance ($79,677), Customer Service Support ($16,000), and Regulatory Compliance ($20,000) programs. Increase Customer Service Support ($3,664,357) and Regulatory Compliance ($1,162,400), and decrease License Issuance ($4,826,757) to establish the base budget for the Department of Driver Services. Amount appropriated in this Act $9,093 ($16,000) $9,093 ($16,000) $3,664,357 $3,664,357 $8,777,059 $8,777,916 License Issuance To issue Georgia drivers license renewals through alternative methods. Total Funds Federal and Other Funds Other Funds State Funds State General Funds $40,595,531 $205,251 $205,251 $40,390,280 $40,390,280 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $41,924,451 $42,124,451 Annualize the cost of the FY2006 salary adjustment. $185,642 $185,642 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $301,129 $301,129 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $525,173 $530,424 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $55,712 $55,712 Reduce operating expenses in the License Issuance ($79,677), Customer Service Support ($16,000), and Regulatory Compliance ($20,000) programs. ($79,677) ($79,677) Increase personal services by adding 35 examiner positions in the License Issuance program. $945,665 $945,665 THURSDAY, MARCH 30, 2006 5771 Fund complimentary Photo Identification cards to qualifying individuals. Increase operating expenses to expand agency services available on the Internet. Increase Customer Service Support ($3,664,357) and Regulatory Compliance ($1,162,400), and decrease License Issuance ($4,826,757) to establish the base budget for the Department of Driver Services. Increase funds to provide for a new Blue Ridge Customer Service Center. Increase funds to renovate the Athens Customer Service Center. (CC:Renovate both the Athens and Newnan Customer Service Centers.) Amount appropriated in this Act $100,000 $100,000 $358,942 $358,942 ($4,826,757) ($4,826,757) $700,000 $200,000 $700,000 $200,000 $40,390,280 $40,595,531 Regulatory Compliance To enforce and administer state laws and regulations for mandated programs relating to driver safety and driver education for both novice and problem drivers. Total Funds $4,779,402 Federal and Other Funds $515,348 Other Funds $515,348 State Funds $4,264,054 State General Funds $4,264,054 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $291,000 $806,075 Annualize the cost of the FY2006 salary adjustment. $28,497 $28,497 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $15,684 $15,684 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $27,353 $27,626 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,902 $2,902 Recognize additional revenues collected from fees to support driver's education (SB 226). $2,756,218 $2,756,218 5772 JOURNAL OF THE HOUSE Reduce operating expenses in the License Issuance ($79,677), Customer Service Support ($16,000), and Regulatory Compliance ($20,000) programs. Increase Customer Service Support ($3,664,357) and Regulatory Compliance ($1,162,400), and decrease License Issuance ($4,826,757) to establish the base budget for the Department of Driver Services. Provide additional funds for the Regulatory Compliance program for motorcycle safety education. Amount appropriated in this Act ($20,000) ($20,000) $1,162,400 $1,162,400 $0 $0 $4,264,054 $4,779,402 Section 21: Early Care and Learning, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Other Funds State Funds Lottery Funds State General Funds Intra-State Government Transfers $422,657,470 $116,647,824 $116,492,824 $155,000 $306,009,646 $301,953,447 $4,056,199 $0 Child Care Services 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 $7,665,219 Federal and Other Funds $3,609,020 Federal Funds Not specifically Identified $3,454,020 Other Funds $155,000 State Funds $4,056,199 State General Funds $4,056,199 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,030,671 $7,620,926 Annualize the cost of the FY2006 salary adjustment. $35,981 $54,746 THURSDAY, MARCH 30, 2006 5773 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Eliminate contract in the Child Care Services program. Provide funds in per diem and fees ($5,460) and travel ($15,600) in the Child Care Services program for a new Board of Directors for the Department of Early Care and Learning. Reflect $3,435,255 in base budget funds in Child Care Development Block Grant from Department of Human Resources. Amount appropriated in this Act $60,640 $58,141 $14,706 ($165,000) $21,060 $0 $4,056,199 $60,640 $58,141 $14,706 ($165,000) $21,060 $0 $7,665,219 Nutrition To ensure that eligible children and adults receive USDA compliant meals. Total Funds $90,000,835 Federal and Other Funds $90,000,835 Federal Funds Not specifically Identified $90,000,835 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $88,000,835 Adjust program budgets and object classes to reflect actual budgets. $0 $2,000,000 Amount appropriated in this Act $0 $90,000,835 Pre-Kindergarten Program To provide funding, training, technical assistance, and oversight of Pre-K programs operated by public and private providers throughout the state. Total Funds $302,621,270 Federal and Other Funds $667,823 Federal Funds Not specifically Identified $667,823 State Funds $301,953,447 5774 JOURNAL OF THE HOUSE Lottery Funds $301,953,447 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $290,081,308 $290,749,131 Annualize the cost of the FY2006 salary adjustment. $24,222 $24,222 Provide a 4% payraise for Pre-K teachers effective September 1, 2006 and a 4% payraise for lottery-funded staff effective January 1, 2007. $5,965,254 $5,965,254 Expand the Work Sampling System Assessment statewide to improve the evaluation of Pre-kindergarten students' progress throughout the year. $816,898 $816,898 Increase Pre-Kindergarten grants to fund 1,000 additional slots, bringing total Pre-K enrollment to 75,000. $5,065,765 $5,065,765 Transfer $90,000 from contracts to personal services to increase salaries for certified Pre-Kindergarten consultants to make them more comparable to the state teacher salary schedule in the Pre-Kindergarten program. $0 $0 Reflect $113,953 in base budget funds in Child Care Development Block Grant from Department of Human Resources. $0 $0 Amount appropriated in this Act $301,953,447 $302,621,270 Quality Initiatives 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 $22,370,146 Federal and Other Funds $22,370,146 Federal Funds Not specifically Identified $22,370,146 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 30, 2006 5775 Amount from prior Appropriation Act (HB 85) State Funds Total Funds $0 $18,370,146 Adjust program budgets and object classes to reflect actual budgets. Reflect $18,370,146 in base budget funds in Child Care Development Block Grant from Department of Human Resources. Amount appropriated in this Act $0 $4,000,000 $0 $0 $0 $22,370,146 Section 22: Economic Development, Department of Total Funds Federal and Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $34,597,546 $20,244 $20,244 $34,577,302 $34,577,302 $0 Administration To influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. Total Funds $6,423,946 State Funds $6,423,946 State General Funds $6,423,946 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,213,661 $6,213,661 Annualize the cost of the FY2006 salary adjustment. $38,597 $38,597 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $38,429 $38,429 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $73,931 $73,931 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $12,011 $12,011 5776 JOURNAL OF THE HOUSE Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) programs from the Business, Recruitment and Expansion ($34,395), Film, Video and Music ($118,000), Innovation and Technology ($50,000), International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. (CC:YES) Amount appropriated in this Act $47,317 $6,423,946 $47,317 $6,423,946 Business Recruitment and Expansion To provide assistance to local communities and to the state to recruit, retain, and expand businesses in Georgia. Total Funds $7,011,795 State Funds $7,011,795 State General Funds $7,011,795 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,783,664 $6,783,664 Annualize the cost of the FY2006 salary adjustment. $37,431 $37,431 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $37,268 $37,268 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $71,697 $71,697 Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) programs from the Business, Recruitment and Expansion ($34,395), Film, Video and Music ($118,000), Innovation and Technology ($50,000), International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. (CC:YES) ($34,395) ($34,395) Expand international trade and recruitment activities by increasing funding for contracts in the Business Recruitment and Expansion program to hire a contractor to focus on Southern Europe ($35,000) and to cover costs $50,000 $50,000 THURSDAY, MARCH 30, 2006 5777 of trade missions ($15,000). Increase the department's capacity to grow jobs for Georgians by funding 1 new position and 5 vacant positions: 1 consumer sales manager for the Tourism program (new position - $66,130); 2 project manager for the Innovation and Technology program ($79,356); 1 regional project managers in the Regional Existing Business/Entrepreneurial Development subprogram of the Business Recruitment and Expansion program ($132,260); 1 mentor protege associate in the Small and Minority Business Development program ($66,130); and 1 multimedia/new media specialist in the Film, Video and Music program ($85,969). (CC:1 regional project manager in Regional Existing Business and 1 mentor protege associate ) Amount appropriated in this Act $66,130 $7,011,795 $66,130 $7,011,795 Film, Video and Music 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 $1,196,678 State Funds $1,196,678 State General Funds $1,196,678 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,012,337 $1,012,337 Annualize the cost of the FY2006 salary adjustment. $4,186 $4,186 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $4,168 $4,168 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $8,018 $8,018 Increase the department's capacity to grow jobs for Georgians by funding 1 new position and 5 vacant positions: 1 consumer sales manager for the Tourism program (new position - $66,130); 1 project manager for the Innovation and Technology program ($79,356); 2 $85,969 $85,969 5778 JOURNAL OF THE HOUSE regional project managers in the Regional Existing Business/Entrepreneurial Development subprogram of the Business Recruitment and Expansion program ($132,260); 1 mentor protege associate in the Small and Minority Business Development program ($66,130); and 1 multimedia/new media specialist in the Film, Video and Music program ($85,969). Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) programs from the Business, Recruitment and Expansion ($34,395), Film, Video and Music ($118,000), Innovation and Technology ($50,000), International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. (CC:YES) Change the name "Film, Music, and Video" program to "Film, Video, and Music. (CC:YES) Provide funding to promote Georgia Film, Music, and Video. (CC:Designate $100,000 to be used for the Georgia Music Hall of Fame Authority to celebrate the upcoming 10th anniversary inductee ceremony.) Amount appropriated in this Act ($118,000) $0 $200,000 $1,196,678 ($118,000) $0 $200,000 $1,196,678 International Relations and Trade 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 $2,296,170 State Funds $2,296,170 State General Funds $2,296,170 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,056,980 $2,056,980 Annualize the cost of the FY2006 salary adjustment. $8,742 $8,742 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $8,704 $8,704 THURSDAY, MARCH 30, 2006 5779 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) programs from the Business, Recruitment and Expansion ($34,395), Film, Video and Music ($118,000), Innovation and Technology ($50,000), International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. (CC:YES) Provide funds fro Global Commerce Development. Amount appropriated in this Act $16,744 ($45,000) $250,000 $2,296,170 $16,744 ($45,000) $250,000 $2,296,170 Innovation & Technology To lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia. Total Funds $2,624,091 State Funds $2,624,091 State General Funds $2,624,091 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,563,914 $1,563,914 Annualize the cost of the FY2006 salary adjustment. $4,870 $4,870 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $4,849 $4,849 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $9,328 $9,328 Increase the department's capacity to grow jobs for Georgians by funding 1 new position and 5 vacant positions: 1 consumer sales manager for the Tourism program (new position - $66,130); 1 project manager for the Innovation and Technology program ($79,356); 2 regional project managers in the Regional Existing Business/Entrepreneurial Development subprogram of the Business Recruitment and Expansion program $66,130 $66,130 5780 JOURNAL OF THE HOUSE ($132,260); 1 mentor protege associate in the Small and Minority Business Development program ($66,130); and 1 multimedia/new media specialist in the Film, Video and Music program ($85,969). (CC:1 Project Manager position and 1 mentor protege) Provide funding to the Innovation and Technology program for a bioscience collaboration project to identify and design public/private partnering opportunities that will leverage private funding to stimulate bioscience industry growth in Georgia. Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) programs from the Business, Recruitment and Expansion ($34,395), Film, Video and Music ($118,000), Innovation and Technology ($50,000), International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. (CC:YES) Provide funds for Micro Enterprises. Amount appropriated in this Act $1,000,000 ($50,000) $25,000 $2,624,091 $1,000,000 ($50,000) $25,000 $2,624,091 Small and Minority Business Development To provide guidance and support to agencies in maximizing access to state business opportunities for small and minority businesses. Total Funds $913,868 Federal and Other Funds $20,244 Agency Funds $20,244 State Funds $893,624 State General Funds $893,624 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $924,154 $944,398 Annualize the cost of the FY2006 salary adjustment. $7,515 $7,515 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $7,482 $7,482 THURSDAY, MARCH 30, 2006 5781 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) programs from the Business, Recruitment and Expansion ($34,395), Film, Video and Music ($118,000), Innovation and Technology ($50,000), International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. (CC:YES) Amount appropriated in this Act $14,395 ($59,922) $893,624 $14,395 ($59,922) $913,868 Tourism To provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. Total Funds $12,061,348 State Funds $12,061,348 State General Funds $12,061,348 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $11,096,169 $11,096,169 Annualize the cost of the FY2006 salary adjustment. $32,170 $32,170 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $32,032 $32,032 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $61,621 $61,621 Realign staff and personal services to reflect agency reorganization efforts, transferring funds to the Administration ($47,317) and Tourism ($260,000) programs from the Business, Recruitment and Expansion ($34,395), Film, Video and Music ($118,000), Innovation and Technology ($50,000), International Relations and Trade ($45,000) and Small and Minority Business ($59,922) programs. (CC:YES) $260,000 $260,000 5782 JOURNAL OF THE HOUSE Reduce funding for the Sylvania visitor center by 10% from $150,205 to $135,185 and develop a plan for phasing out state funding. Reduce pass-thru funding for local welcome centers by 10% (Bainbridge - $9,832; local welcome center grant program - $21,426), continuing the phase-out of state funds. (CC:Restore funds and no phase out) Eliminate pass-thru funding for the Historic Chattahoochee Commission. (CC:Restore funds) Increase the department's capacity to grow jobs for Georgians by funding 1 new position and 5 vacant positions: 1 consumer sales manager for the Tourism program (new position - $66,130); 1 project manager for the Innovation and Technology program ($79,356); 2 regional project managers in the Regional Existing Business/Entrepreneurial Development subprogram of the Business Recruitment and Expansion program ($132,260); 1 mentor protege associate in the Small and Minority Business Development program ($66,130); and 1 multimedia/new media specialist in the Film, Video and Music program ($85,969). Redirect $50,000 from the marketing fund to be used for the Georgia Shrimp Association (CC:YES) Provide the resources to support the tourism effort to get the message to the customer through placement of print, broadcast media and other marketing initiatives. Amount appropriated in this Act $0 $0 $0 $79,356 $0 $500,000 $12,061,348 $0 $0 $0 $79,356 $0 $500,000 $12,061,348 The following appropriations are for agencies attached for administrative purposes. Payments to Aviation Hall of Fame Authority 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 THURSDAY, MARCH 30, 2006 5783 Payments to Georgia Golf Hall of Fame Authority 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 Medical Center Authority To provide funds to the Georgia Medical Center Authority. Total Funds State Funds State General Funds $405,000 $405,000 $405,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $250,000 $250,000 To provide funding for an Assistant Director position and funding to expand infrastructure. $155,000 $155,000 Amount appropriated in this Act $405,000 $405,000 Payments to Georgia Music Hall of Fame Authority To preserve Georgia's rich musical heritage. Total Funds State Funds State General Funds $814,070 $814,070 $814,070 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $767,039 Annualize the cost of the FY2006 salary adjustment. $4,973 $4,973 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $4,950 $4,950 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $601 $601 5784 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Redirect $15,341 from repairs and maintenance to personal services and provide additional funds for 1 new position to manage and expand the volunteer program (total position cost: $42,322) Eliminate the Music Hall of Fame program, establish the Payments to Georgia Music Fall of Fame Authority and correct an overstatement of other funds. Amount appropriated in this Act $9,526 $9,526 $26,981 $26,981 $767,039 $0 $814,070 $814,070 Payments to Georgia Sports Hall of Fame Authority To preserve and interpret the history of sports in Georgia. Total Funds State Funds State General Funds $741,895 $741,895 $741,895 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $725,060 $725,060 Annualize the cost of the FY2006 salary adjustment. $3,691 $3,691 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $4,265 $4,265 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $8,205 $8,205 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $674 $674 Amount appropriated in this Act $741,895 $741,895 Section 23: Education, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Other Funds Temporary Assistance for Needy Families $8,345,873,148 $1,126,356,308 $1,113,765,001 $12,391,307 $200,000 THURSDAY, MARCH 30, 2006 5785 Block Grant State Funds Tobacco Funds State General Funds Intra-State Government Transfers $7,219,516,840 $30,000,000 $7,189,516,840 $0 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,545.53. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. Academic Coach 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 $6,166,710 State Funds $6,166,710 State General Funds $6,166,710 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,899,132 $3,899,132 Adjust funding for teacher liability insurance to meet projected cost of policy and transfer $200,000 to Testing to fund additional students and increased cost of the Preliminary Scholastic Assessment Test (PSAT). ($200,000) ($200,000) Provide funds for academic coaches in Needs Improvement schools. $2,467,578 $2,467,578 Amount appropriated in this Act $6,166,710 $6,166,710 Agricultural Education To provide students with competencies to make them aware of the importance of the agricultural industry and develop skills to prepare them for the world of work. Total Funds $8,685,236 Federal and Other Funds $576,577 Federal Funds Not specifically Identified $126,577 5786 JOURNAL OF THE HOUSE Other Funds State Funds State General Funds $450,000 $8,108,659 $8,108,659 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,423,422 $7,999,999 Annualize the cost of the FY2006 salary adjustment. $27,359 $27,359 Provide a salary increase in FY 2007 of 4% for Regional Educational Services Agencies (RESAs), the Severely Emotionally Disturbed (SED) Network, Preschool Handicapped, High School Agricultural and Technology/Career Programs and state school teachers effective September 1, 2006. $369,796 $369,796 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $288,082 $288,082 Amount appropriated in this Act $8,108,659 $8,685,236 Central Office To act as a service oriented agency supporting local school districts. Total Funds Federal and Other Funds Federal Funds Not specifically Identified Other Funds State Funds State General Funds $80,951,834 $45,079,858 $38,180,833 $6,899,025 $35,871,976 $35,871,976 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $34,924,681 $80,004,539 Annualize the cost of the FY2006 salary adjustment. $224,264 $224,264 THURSDAY, MARCH 30, 2006 5787 Provide a salary increase in FY 2007 of up to 4% for central office employees effective January 1, 2007. Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Reduce personal services ($513,126), regular operating expenses ($68,280) and computer charges ($183,087). Reduce funding for the Educational Technology Training Centers (ETTCs) ($79,231) and RESAs ($229,465) by 2%. Eliminate funding for the Global Achievers contract. (CC:Provide $15,000) Redirect $150,000 from Central Office contracts to fund an evaluation of the Reading and Math program. (CC:Transfer funds from Reading and Math) Reduce funding in real estate rentals to reflect anticipated real estate payments from the Office of Student Achievement. Amount appropriated in this Act $427,521 $163,924 $602,295 $47,553 ($619,262) ($35,000) $150,000 ($14,000) $35,871,976 $427,521 $163,924 $602,295 $47,553 ($619,262) ($35,000) $150,000 ($14,000) $80,951,834 Charter Schools To support and encourage development and approval of charter public schools as one part of Georgia's overall school improvement strategy. Total Funds $7,949,904 Federal and Other Funds $6,729,711 Federal Funds Not specifically Identified $6,729,711 State Funds $1,220,193 State General Funds $1,220,193 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 5788 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Provide additional funding for the development of Charter Schools to include the lease, rental, repair and/or renovation of Charter School facilities. Amount appropriated in this Act State Funds $770,193 $450,000 Total Funds $7,499,904 $450,000 $1,220,193 $7,949,904 Classroom Supplies To provide funds for teachers to offset personal expenditures for classroom learning supplies. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Provide funds for teachers for classroom supplies. (CC:Provide $10,000,000 in the Non-QBE Grants program) $0 $0 Amount appropriated in this Act $0 $0 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 $2,303,123 State Funds $2,303,123 State General Funds $2,303,123 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,320,623 $1,320,623 Redirect funds from Education Go Get It to Communities in Schools to provide for high school completion counselor training ($400,000) and funding for three new Performance Learning Centers in Ben Hill County, Cobb County and Troup County ($639,586). (CC:Provide new funds $982,500 $982,500 THURSDAY, MARCH 30, 2006 5789 and add Dublin and Chatham) Amount appropriated in this Act $2,303,123 $2,303,123 Curriculum Development To provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers and students. Total Funds $1,974,833 Federal and Other Funds $200,000 Temporary Assistance for Needy Families Block Grant $200,000 State Funds $1,774,833 State General Funds $1,774,833 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,774,833 $1,774,833 Allocate administration funds from the Central Office to various department programs. $0 $0 Transfer funds and activities of Georgia Youth $0 $0 Science and Technology Centers ($689,203), National Science Center and Foundation ($1,416,750), and Foreign Language ($1,590,857). Eliminate payment to the National Science Center Foundation. $0 $0 Provide funding to the Center for Understanding School Policy for Basic Right Over Wrong (BROW) education. (CC:YES) $0 $200,000 Amount appropriated in this Act $1,774,833 $1,974,833 Dropout Prevention To reduce dropout rates for Georgia students. Total Funds State Funds State General Funds $15,829,069 $15,829,069 $15,829,069 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 5790 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Improve graduation rates by providing grants to school systems to fund 1 high school completion counselor for every high school. Provide funds for five new Performance Learning Centers in Ben Hill, Cobb, Troup, Laurens and Chatham at $196,500 per county. (CC:Provide through Communities in Schools) Provide funds to train new high school completion counselors. Amount appropriated in this Act State Funds $0 $15,429,069 Total Funds $0 $15,429,069 $0 $0 $400,000 $15,829,069 $400,000 $15,829,069 Equalization To provide 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 $427,024,372 State Funds $427,024,372 State General Funds $427,024,372 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $371,657,510 $371,657,510 Annualize the correction to Equalization Grant funding to properly reflect millage increase. $8,591,423 $8,591,423 Provide for an increase in Equalization Grants. $46,575,439 $46,575,439 Provide funds to Jeff Davis county to offset a loss in equalization funding due to an error in tax data. $200,000 $200,000 Amount appropriated in this Act $427,024,372 $427,024,372 Federal Programs To coordinate federally funded programs and allocate federal funds to school systems. Total Funds $817,561,039 Federal and Other Funds $817,561,039 Federal Funds Not specifically Identified $817,561,039 THURSDAY, MARCH 30, 2006 5791 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $817,561,039 Amount appropriated in this Act $0 $817,561,039 Foreign Language To provide funds to schools for foreign language instruction. Total Funds State Funds State General Funds $1,590,857 $1,590,857 $1,590,857 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,590,857 $1,590,857 Amount appropriated in this Act $1,590,857 $1,590,857 Fund Accounting To provide necessary upgrades for legacy information systems to enhance financial accountability (data collection, analysis and reporting requirements), and to provide appropriate interface systems to automate educational data transfers between state agencies. Total Funds $2,000,000 State Funds $2,000,000 State General Funds $2,000,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Provide funding to continue the fund accounting development and implementation. $2,000,000 $2,000,000 Amount appropriated in this Act $2,000,000 $2,000,000 5792 JOURNAL OF THE HOUSE Georgia Learning Resources System (GLRS) To provide training and resources to educators and parents of students with disabilities through a network of centers around the state. Total Funds $5,117,573 Federal and Other Funds $5,117,573 Federal Funds Not specifically Identified $5,117,573 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $5,117,573 Amount appropriated in this Act $0 $5,117,573 Georgia Virtual School 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 $2,188,734 State Funds $2,188,734 State General Funds $2,188,734 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,385,000 $1,385,000 Annualize the cost of the FY2006 salary adjustment. $3,734 $3,734 Add funding and 2 positions to expand the Georgia Virtual School by an additional 2,000 seats. $800,000 $800,000 Amount appropriated in this Act $2,188,734 $2,188,734 Georgia Youth Science and Technology 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 THURSDAY, MARCH 30, 2006 5793 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $689,203 $689,203 Amount appropriated in this Act $689,203 $689,203 Governor's Honors Program To provide intellectually gifted and artistically talented high school students challenging and enriching educational opportunities not usually available to them during the regular school year. Total Funds $1,418,223 State Funds $1,418,223 State General Funds $1,418,223 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,416,743 $1,416,743 Annualize the cost of the FY2006 salary adjustment. $1,480 $1,480 Amount appropriated in this Act $1,418,223 $1,418,223 Information Technology Services To collect and report accurate data through the development and maintenance of webenabled applications. Total Funds $7,417,319 State Funds $7,417,319 State General Funds $7,417,319 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,496,550 $7,496,550 Reduce personal services ($513,126), regular operating expenses ($68,280) and computer charges ($183,087). Reduce funding for the Educational Technology Training Centers (ETTCs) ($79,231) ($79,231) 5794 JOURNAL OF THE HOUSE ($79,231) and RESAs ($229,465) by 2%. Amount appropriated in this Act $7,417,319 $7,417,319 Local Five Mill Share 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 ($1,440,262,506) State Funds ($1,440,262,506) State General Funds ($1,440,262,506) The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) ($1,335,476,389) ($1,335,476,389) Increase funds for Local Five Mill Share. ($104,786,117) ($104,786,117) Amount appropriated in this Act ($1,440,262,506) ($1,440,262,506) National Board Certification To provide the ten percent salary increase for National Board Certified teachers to local systems (jointly administered between the Department of Education and the Professional Standards Commission). Total Funds $11,038,035 State Funds $11,038,035 State General Funds $11,038,035 National Science Center and Foundation 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 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,416,750 $1,416,750 Amount appropriated in this Act $1,416,750 $1,416,750 THURSDAY, MARCH 30, 2006 5795 Non-Quality Basic Education Grants To assure that sufficient funds are provided in order for the State's public school students to receive an effective education. Total Funds $21,088,674 State Funds $21,088,674 State General Funds $21,088,674 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,688,674 $7,688,674 Remove one-time funds in Migrant Education for the Bulloch County poultry plant. ($250,000) ($250,000) Provide grant funds for school districts to recruit high performing principals for target schools. (CC:Provide funding for 100 principals at a maximum of $15,000 each as authorized in SB 468.) $2,250,000 $2,250,000 Transfer the Education GO Get It program and 2 positions from the Board of Regents to the Department of Education. $0 $0 Provide funds for classroom supplies ($100 purchase card). (CC:Provide a supply card for all classroom teachers.) $10,000,000 $10,000,000 Provide funds to establish a summer remedial education program for eligible students in Grades 6-8. $1,400,000 $1,400,000 Amount appropriated in this Act $21,088,674 $21,088,674 Nutrition 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 $225,899,606 Federal and Other Funds $188,375,722 Federal Funds Not specifically Identified $188,375,722 State Funds $37,523,884 State General Funds $37,523,884 5796 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $36,017,592 $224,393,314 Provide a salary increase in FY 2007 of 4% for bus drivers and lunchroom workers effective July 1, 2006. $1,506,292 $1,506,292 Amount appropriated in this Act $37,523,884 $225,899,606 Preschool Handicapped To provide early intervention so students with disabilities will enter school with the skills to succeed. Total Funds $26,471,119 State Funds $26,471,119 State General Funds $26,471,119 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $24,008,490 $24,008,490 Annualize the cost of the FY2006 salary adjustment. $352,273 $352,273 Provide a salary increase in FY 2007 of 4% for Regional Educational Services Agencies (RESAs), the Severely Emotionally Disturbed (SED) Network, Preschool Handicapped, High School Agricultural and Technology/Career Programs and state school teachers effective September 1, 2006. $1,186,240 $1,186,240 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $924,116 $924,116 Amount appropriated in this Act $26,471,119 $26,471,119 Principal Supplements To provide a salary supplement to principals with additional responsibilities. Total Funds $5,361,125 State Funds $5,361,125 State General Funds $5,361,125 THURSDAY, MARCH 30, 2006 5797 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,361,125 $5,361,125 Provide grant funds for school districts to recruit high performing principals for target schools. (CC:Provide funds through the Non-QBE Grants program.) $0 $0 Amount appropriated in this Act $5,361,125 $5,361,125 Pupil Transportation To assist local school systems in their efforts to provide safe and efficient transportation for students to and from school and school related activities. Total Funds $166,452,130 State Funds $166,452,130 State General Funds $166,452,130 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $158,353,875 $158,353,875 Provide a salary increase in FY 2007 of 4% for bus drivers and lunchroom workers effective July 1, 2006. $3,098,255 $3,098,255 Add funds for Pupil Transportation for rising fuel costs. $5,000,000 $5,000,000 Amount appropriated in this Act $166,452,130 $166,452,130 Quality Basic Education Program To provide funds to school systems for the instruction of students in grades K-12 to ensure that Georgia's students are academically prepared for further education and the workplace. Total Funds $7,419,025,063 State Funds $7,419,025,063 State General Funds $7,419,025,063 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 5798 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide a 4% increase to the state base salary on the teacher salary schedule for the State Board of Education effective September 1, 2006. This proposed 4% salary improvement is in addition to a 3% salary increase awarded to more than half of the certificated personnel through the normal progression on the teacher salary schedule. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Provide funds to reduce the individual maximum class size for Grades K-8. Expand the QBE Remedial Education program to include students in Grades 6-8. (CC:Agree to expand and provide funding for a QBE Remedial Education program to serve Grades 6-8 students.) Provide funds for QBE enrollment growth of 2.5% and increase in teacher training and experience. Provide funding for school systems to fund 1 high school completion counselor, at the base teacher salary plus fringe benefits, for each of Georgia's 385 high schools and adjust for training and experience, as necessary, in future QBE calculations. (CC:Provide funds through Dropout Prevention program.) Provide funds to restore half of the FY 2003 reductions to the QBE Formula funding for media materials increasing the rate from $9.77 to $14.65 per FTE. (CC:Restore one-third by increasing media materials to $13.03 per FTE) Amount appropriated in this Act State Funds $6,677,381,942 $20,512,486 $216,761,619 $134,507,684 $163,164,787 $0 $201,590,474 $0 $5,106,071 $7,419,025,063 Total Funds $6,677,381,942 $20,512,486 $216,761,619 $134,507,684 $163,164,787 $0 $201,590,474 $0 $5,106,071 $7,419,025,063 Regional Education Service Agencies (RESAs) To provide Georgia's 16 Regional Education Service Agencies (RESAs) with shared services to improve the effectiveness of educational programs and services of local school systems. THURSDAY, MARCH 30, 2006 5799 Total Funds State Funds State General Funds $11,962,471 $11,962,471 $11,962,471 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $11,473,253 $11,473,253 Annualize the cost of the FY2006 salary adjustment. $25,546 $25,546 Provide a salary increase in FY 2007 of 4% for Regional Educational Services Agencies (RESAs), the Severely Emotionally Disturbed (SED) Network, Preschool Handicapped, High School Agricultural and Technology/Career Programs and state school teachers effective September 1, 2006. $260,632 $260,632 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $203,040 $203,040 Amount appropriated in this Act $11,962,471 $11,962,471 School Improvement 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 (AYP). Total Funds $11,736,228 Federal and Other Funds $100,000 Other Funds $100,000 State Funds $11,636,228 State General Funds $11,636,228 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $11,636,228 $11,736,228 Amount appropriated in this Act $11,636,228 $11,736,228 5800 JOURNAL OF THE HOUSE School Nurses To provide appropriate health procedures to allow students to remain in school and increase opportunities for academic success. Total Funds $30,000,000 State Funds $30,000,000 Tobacco Funds $30,000,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $30,000,000 Replace other funds with tobacco funds for school $30,000,000 $0 nurses. Amount appropriated in this Act $30,000,000 $30,000,000 Severely Emotionally Disturbed (SED) To provide statewide services to parents and educators of students with disabilities. Total Funds $75,558,578 Federal and Other Funds $7,724,112 Federal Funds Not specifically Identified $7,724,112 State Funds $67,834,466 State General Funds $67,834,466 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $64,684,683 $72,408,795 Annualize the cost of the FY2006 salary adjustment. $448,774 $448,774 Provide a salary increase in FY 2007 of 4% for Regional Educational Services Agencies (RESAs), the Severely Emotionally Disturbed (SED) Network, Preschool Handicapped, High School Agricultural and Technology/Career Programs and state school teachers effective September 1, 2006. $1,518,248 $1,518,248 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $1,182,761 $1,182,761 THURSDAY, MARCH 30, 2006 5801 Amount appropriated in this Act $67,834,466 $75,558,578 State Interagency Transfers To provide health insurance to retired teachers and non certified personnel and to pass through funding via a contract. Total Funds $270,480,390 Federal and Other Funds $18,888,697 Federal Funds Not specifically Identified $18,888,697 State Funds $251,591,693 State General Funds $251,591,693 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $251,591,693 $270,480,390 Adjust funding for teacher liability insurance to $0 $0 meet projected cost of policy and transfer $200,000 to Testing to fund additional students and increased cost of the Preliminary Scholastic Assessment Test (PSAT). Amount appropriated in this Act $251,591,693 $270,480,390 State Reading and Math Program 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 $26,502,770 State Funds $26,502,770 State General Funds $26,502,770 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $26,652,770 $26,652,770 Transfer funds to the Central Office to fund an evaluation of the Reading and Math program. ($150,000) ($150,000) Amount appropriated in this Act $26,502,770 $26,502,770 5802 JOURNAL OF THE HOUSE State Schools 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 $21,131,308 Federal and Other Funds $932,715 Other Funds $932,715 State Funds $20,198,593 State General Funds $20,198,593 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $18,875,323 $19,808,038 Annualize the cost of the FY2006 salary adjustment. $155,280 $155,280 Provide a salary increase in FY 2007 of 4% for Regional Educational Services Agencies (RESAs), the Severely Emotionally Disturbed (SED) Network, Preschool Handicapped, High School Agricultural and Technology/Career Programs and state school teachers effective September 1, 2006. $746,200 $746,200 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $421,790 $421,790 Amount appropriated in this Act $20,198,593 $21,131,308 Technology/Career Education To equip students with academic, technical and leadership skills. Total Funds Federal and Other Funds Federal Funds Not specifically Identified Other Funds State Funds State General Funds $40,570,499 $24,616,113 $20,606,546 $4,009,567 $15,954,386 $15,954,386 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 30, 2006 5803 Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide a salary increase in FY 2007 of 4% for Regional Educational Services Agencies (RESAs), the Severely Emotionally Disturbed (SED) Network, Preschool Handicapped, High School Agricultural and Technology/Career Programs and state school teachers effective September 1, 2006. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Amount appropriated in this Act State Funds $15,256,641 $56,682 $360,344 $280,719 $15,954,386 Total Funds $39,872,754 $56,682 $360,344 $280,719 $40,570,499 Testing To adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program. Total Funds $30,914,020 Federal and Other Funds $10,454,191 Federal Funds Not specifically Identified $10,454,191 State Funds $20,459,829 State General Funds $20,459,829 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $17,709,829 $27,414,020 Adjust funding for teacher liability insurance to meet projected cost of policy and transfer $200,000 to Testing to fund additional students and increased cost of the Preliminary Scholastic Assessment Test (PSAT). $200,000 $200,000 Annualize funding for the online SAT preparation software and maintain current contract rate for FY 2007. $1,000,000 $1,000,000 Expand the web-based classroom accountability model. $800,000 $800,000 5804 JOURNAL OF THE HOUSE Provide funds to align the Georgia Alternate Assessment (GAA) with the new Georgia Performance Standards (GPS). (CC:Match with $250,000 in federal funds) Provide funding for an assessment for English Language Learners to measure English proficiency. (CC:Match with $500,000 in federal funds) Amount appropriated in this Act $250,000 $500,000 $20,459,829 $500,000 $1,000,000 $30,914,020 Tuition for the Multi-Handicapped 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 above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,658,859 $1,658,859 Amount appropriated in this Act $1,658,859 $1,658,859 Section 24: Employees' Retirement System of Georgia Total Funds Federal and Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments $29,152,658 $1,084,076 $1,084,076 $8,083,095 $8,083,095 $19,985,487 $19,985,487 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 2007. 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 2007. THURSDAY, MARCH 30, 2006 5805 Deferred Compensation To provide excellent service to participants in the deferred compensation program for all employees of the State, giving them an effective supplement for their retirement planning. Total Funds $3,760,558 Federal and Other Funds $3,760,558 Agency Funds $3,760,558 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $3,128,121 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $15,218 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $560 Increase agency funds ($505,286) to integrate Deferred Compensation into the ERS computer system and provide contract funding ($111,373) for a third party administrator. $0 $616,659 Amount appropriated in this Act $0 $3,760,558 Georgia Military Pension Fund To provide retirement allowances and other benefits for members of the Georgia National Guard. Total Funds $1,005,099 State Funds $1,005,099 State General Funds $1,005,099 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $890,651 $890,651 Increase the Georgia Military Pension Fund based on current actuarial valuation. $114,448 $114,448 Amount appropriated in this Act $1,005,099 $1,005,099 5806 JOURNAL OF THE HOUSE Public School Employees' Retirement System 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 $7,071,996 State Funds $7,071,996 State General Funds $7,071,996 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,221,996 $4,221,996 Provide funds to increase the benefit accrual rate for members of the Public School Employees' Retirement System by $0.25 per month for each year of service increasing the rate from $13.50 to $13.75. $2,850,000 $2,850,000 Amount appropriated in this Act $7,071,996 $7,071,996 System Administration To collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. Total Funds $17,315,005 Federal and Other Funds ($2,676,482) Agency Funds ($2,676,482) State Funds $6,000 State General Funds $6,000 Intra-State Government Transfers $19,985,487 Retirement Payments $19,985,487 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $19,985,487 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $104,665 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $3,853 THURSDAY, MARCH 30, 2006 5807 Reduce other funds in computer charges ($2,785,000). Fund H.B. 731 - Membership in the Georgia Judicial Retirement System. Fund H.B. 644 - Credible service for ERS members with temporary full-time service in the Legislative Branch. Fund H.B. 582 - Credible service for temporary full-time service with an employer covered under ERS. Fund H.B. 101 - Peace Officers' Annuity and Benefit Fund. Amount appropriated in this Act $0 ($2,785,000) $0 $0 $6,000 $6,000 $0 $0 $0 $0 $6,000 $17,315,005 Section 25: Forestry Commission, State Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers $39,714,730 $5,800,638 $822,000 $4,978,638 $33,914,092 $33,914,092 $0 Administration Administers 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 $4,664,857 Federal and Other Funds $173,027 Agency Funds $173,027 State Funds $4,491,830 State General Funds $4,491,830 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,798,610 $3,971,637 Annualize the cost of the FY2006 salary adjustment. $12,790 $12,790 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $30,327 $30,327 5808 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Transfer funds from the Forest Management ($248,449), Forest Protection ($55,121), Tree Improvement ($464) and Tree Seedling Nursery ($40,064) programs to the Administration program ($344,098) to properly reflect program expenditures. (CC:YES) Add 1 technical position to support the computer network. Provide funding to address ongoing and deferred maintenance needs, ensuring firefighting readiness. Provide funds for a Six Engine Firetruck Program. Construct a bomb squad truck shelter in Cairo. Amount appropriated in this Act $39,374 $8,131 $344,098 $73,500 $0 $125,000 $60,000 $4,491,830 $39,374 $8,131 $344,098 $73,500 $0 $125,000 $60,000 $4,664,857 Forest Management The purpose is to survey 20% of permanently established forest survey plots annually to gather forest health and inventory data. Total Funds $4,360,770 Federal and Other Funds $1,179,500 Federal Funds Not specifically Identified $552,000 Agency Funds $627,500 State Funds $3,181,270 State General Funds $3,181,270 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,624,712 $3,804,212 Annualize the cost of the FY2006 salary adjustment. $20,588 $20,588 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $23,406 $23,406 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $30,389 $30,389 THURSDAY, MARCH 30, 2006 5809 Increase funds to reflect an adjustment in the Workers' Compensation premiums. Transfer funds from the Forest Management ($248,449), Forest Protection ($55,121), Tree Improvement ($464) and Tree Seedling Nursery ($40,064) programs to the Administration program ($344,098) to properly reflect program expenditures. (CC:YES) Add 5 foresters to address forest pests and diseases in order to preserve the health of Georgia's forest lands. (CC:Reduce 1 position) Add 1 position for the creation of a bioenergy program to address Georgia's energy needs through the development of bioenergy markets and greater use of forest resources. Add 3 positions and funding to implement a carbon sequestration program that will improve air quality, leverage federal funding and provide greater incentives to landowners to plant more trees. (CC:Reduce 1 position.) Add 4 foresters to preserve water quality through education, training and evaluation of best management practices. (CC:Reduce 1 position.) Amount appropriated in this Act $6,275 $6,275 ($248,449) ($248,449) $233,903 $233,903 $93,982 $93,982 $187,964 $187,964 $208,500 $208,500 $3,181,270 $4,360,770 Forest Protection The purpose is to protect the public and forest resources. Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds State Funds State General Funds $29,223,057 $2,876,611 $200,000 $2,676,611 $26,346,446 $26,346,446 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $25,575,110 $28,451,721 Annualize the cost of the FY2006 salary adjustment. $171,572 $171,572 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $253,226 $253,226 5810 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Transfer funds from the Forest Management ($248,449), Forest Protection ($55,121), Tree Improvement ($464) and Tree Seedling Nursery ($40,064) programs to the Administration program ($344,098) to properly reflect program expenditures. (CC:YES) Provide additional funds to address moderate fire season maintenance needs. Eliminate equipment funds used for the lease/purchase of a helicopter paid for in FY 2005. Fill 15 vacant ranger positions to provide adequate staffing for a moderate fire season. Amount appropriated in this Act $328,769 $328,769 $67,890 ($55,121) $67,890 ($55,121) $250,000 $250,000 ($700,000) ($700,000) $455,000 $455,000 $26,346,446 $29,223,057 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 $118,659 State Funds $118,659 State General Funds $118,659 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $119,123 $119,123 Annualize the cost of the FY2006 salary adjustment. $312 $312 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $0 $0 Transfer funds from the Forest Management ($248,449), Forest Protection ($55,121), Tree Improvement ($464) and Tree Seedling Nursery ($40,064) programs to the Administration program ($344,098) to properly reflect program expenditures. (CC:YES) ($776) ($776) Amount appropriated in this Act $118,659 $118,659 THURSDAY, MARCH 30, 2006 5811 Tree Seedling Nursery Producing adequate quantity of high quality forest tree seedlings for sale at reasonable cost to Georgia landowners. Total Funds $1,347,387 Federal and Other Funds $1,571,500 Federal Funds Not specifically Identified $70,000 Agency Funds $1,501,500 State Funds ($224,113) State General Funds ($224,113) The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) ($185,282) $1,855,709 Annualize the cost of the FY2006 salary adjustment. $5,615 $5,615 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $615 $615 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $799 $799 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $165 $165 Decrease other funds to accurately reflect collections from seedling sales (Total Funds: $469,491). (CC:YES) $0 ($469,491) Transfer funds from the Forest Management ($248,449), Forest Protection ($55,121), Tree Improvement ($464) and Tree Seedling Nursery ($40,064) programs to the Administration program ($344,098) to properly reflect program expenditures. (CC:YES) ($46,025) ($46,025) Amount appropriated in this Act ($224,113) $1,347,387 Section 26: Governor, Office of the Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds State Funds $47,570,365 $6,493,772 $5,603,227 $890,545 $41,076,593 5812 JOURNAL OF THE HOUSE State General Funds Intra-State Government Transfers $41,076,593 $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 Consumer Affairs for all the purposes for which such moneys may be appropriated pursuant to Article 28. The Mansion allowance shall be $40,000. Governor's Office 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 $5,244,359 State Funds $5,244,359 State General Funds $5,244,359 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,056,367 $5,056,367 Annualize the cost of the FY2006 salary adjustment. $34,408 $34,408 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $38,745 $38,745 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $60,604 $60,604 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,235 $4,235 Provide funds for a gubernatorial transition. $50,000 $50,000 Amount appropriated in this Act $5,244,359 $5,244,359 Governor's Emergency Funds To provide emergency funds to draw on when disasters create extraordinary demands on government. Total Funds $3,469,576 State Funds $3,469,576 THURSDAY, MARCH 30, 2006 5813 State General Funds $3,469,576 Office of Planning and Budget To supply budgeting and policy management assistance to the Governor in determining strategic and tactical plans for state agencies. Total Funds $9,060,842 State Funds $9,060,842 State General Funds $9,060,842 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Annualize the cost of the FY2006 salary adjustment. $46,012 $46,012 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $57,169 $57,169 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $66,963 $66,963 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $89,420 $89,420 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $6,048 $6,048 Provide funds to fill 5 vacant budget analyst positions. $248,291 $248,291 (CC:Provide funds to fill 4 Analyst I positions and 1 Analyst II position.) Reduce consulting contracts for the Military Affairs Coordinating Council. ($72,000) ($72,000) Delete one-time funding for the Commission on New Georgia HR Task Force. ($3,000,000) ($3,000,000) Establish training function within OPB to train state agency staff in budget and performance management by increasing personal services and operating expenses for 2 additional positions. (CC:Provide funds for 1 additional position.) $86,816 $86,816 Provide funds to reestablish the program evaluation function by filling 4 vacancies and providing operating expenses. (CC:Provide funds for 1 Analyst I position and $127,766 $127,766 1 Analyst II position. ) 5814 JOURNAL OF THE HOUSE Provide for on-going maintenance and support of enterprise budgeting systems. Reorganize the Office of Planning and Budget's program structure to condense into a department summary. Amount appropriated in this Act $102,000 $102,000 $11,302,357 $11,302,357 $9,060,842 $9,060,842 The following appropriations are for agencies attached for administrative purposes. Arts, Georgia Council for the To provide general operation support and project support grants for art organizations. Total Funds $4,706,484 Federal and Other Funds $725,524 Federal Funds Not specifically Identified $710,524 Agency Funds $15,000 State Funds $3,980,960 State General Funds $3,980,960 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,900,546 $4,626,070 Annualize the cost of the FY2006 salary adjustment. $2,274 $2,274 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $1,773 $1,773 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $2,773 $2,773 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $194 $194 Provide one-time funding for a federally mandated strategic plan to preserve grant eligibility with the National Endowment for the Arts. $73,400 $73,400 Amount appropriated in this Act $3,980,960 $4,706,484 Child Advocate, Office of the To provide independent oversight of persons, organizations, and agencies responsible for the protection and well-being of children. THURSDAY, MARCH 30, 2006 5815 Total Funds State Funds State General Funds $743,198 $743,198 $743,198 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $716,356 $716,356 Annualize the cost of the FY2006 salary adjustment. $6,124 $6,124 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $683 $683 Provide yearly maintenance on electronic document software. $2,500 $2,500 Provide funds to cover costs due to increased statewide travel. $1,522 $1,522 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $6,245 $6,245 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $9,768 $9,768 Amount appropriated in this Act $743,198 $743,198 Consumer Affairs, Office of To protect consumers and legitimate business enterprises from unfair and deceptive business practices through the enforcement of the Fair Business Practices Act and other related consumer protection statutes. Total Funds $7,015,963 Federal and Other Funds $567,689 Agency Funds $567,689 State Funds $6,448,274 State General Funds $6,448,274 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,287,352 $3,855,041 Annualize the cost of the FY2006 salary adjustment. $31,912 $31,912 5816 JOURNAL OF THE HOUSE Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Fund the continuing rental expense for the cool room server storage. Provide funding to implement a statewide customer service initiative (including 5 positions). (CC:Provide funding and positions to implement a statewide customer service initiative.) Amount appropriated in this Act $30,239 $47,298 $30,239 $47,298 $3,305 $3,305 $43,168 $43,168 $5,000 $5,000 $3,000,000 $3,000,000 $6,448,274 $7,015,963 Commission on Equal Opportunity 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 $1,049,612 Federal and Other Funds $387,217 Federal Funds Not specifically Identified $387,217 State Funds $662,395 State General Funds $662,395 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $695,707 $1,082,924 Annualize the cost of the FY2006 salary adjustment. $5,355 $5,355 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $5,645 $5,645 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $14,941 $14,941 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $8,830 $8,830 THURSDAY, MARCH 30, 2006 5817 Increase funds to reflect an adjustment in the Workers' Compensation premiums. Decrease funding for real estate rents due to relocation of office space. Amount appropriated in this Act $617 $617 ($68,700) ($68,700) $662,395 $1,049,612 Georgia Emergency Management Agency 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 $6,548,229 Federal and Other Funds $4,435,412 Federal Funds Not specifically Identified $4,127,556 Agency Funds $307,856 State Funds $2,112,817 State General Funds $2,112,817 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,989,168 $6,424,580 Annualize the cost of the FY2006 salary adjustment. $13,358 $13,358 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $14,547 $14,547 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,590 $1,590 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $22,754 $22,754 Reflect decrease in the position count due to the downsizing of the federal excess property program and the elimination of 3 positions. $0 $0 Provide additional funding for the Civil Air Patrol. $71,400 $71,400 Amount appropriated in this Act $2,112,817 $6,548,229 Homeland Security, Office of 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 5818 JOURNAL OF THE HOUSE disasters. Total Funds State Funds State General Funds $505,669 $505,669 $505,669 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $592,905 $592,905 Annualize the cost of the FY2006 salary adjustment. $4,357 $4,357 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $5,015 $5,015 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $7,844 $7,844 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $548 $548 Reduce program funding. ($105,000) ($105,000) Amount appropriated in this Act $505,669 $505,669 Inspector General, Office of the State To foster and promote accountability and integrity in state government by investigating and preventing fraud, waste and abuse. Total Funds $830,636 State Funds $830,636 State General Funds $830,636 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $791,432 $791,432 Annualize the cost of the FY2006 salary adjustment. $4,142 $4,142 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $5,364 $5,364 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $8,389 $8,389 THURSDAY, MARCH 30, 2006 5819 Increase funds to reflect an adjustment in the Workers' Compensation premiums. Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Reduce various operating expenses pertaining to the investigative function of the office. Provide one-time contract funding for development of a prevention training program for state officials and employees. Amount appropriated in this Act $586 $4,901 ($15,828) $31,650 $586 $4,901 ($15,828) $31,650 $830,636 $830,636 Professional Standards Commission, Georgia To direct the preparation, certification, professional discipline and recruitment of educators in Georgia. Total Funds $6,966,421 Federal and Other Funds $111,930 Federal Funds Not specifically Identified $111,930 State Funds $6,854,491 State General Funds $6,854,491 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,579,840 $6,691,770 Annualize the cost of the FY2006 salary adjustment. $34,421 $34,421 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $45,224 $45,224 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $70,736 $70,736 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,943 $4,943 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $40,842 $40,842 Provide funds for 1 senior investigator position and expenses related to the position. $78,485 $78,485 Amount appropriated in this Act $6,854,491 $6,966,421 5820 JOURNAL OF THE HOUSE Student Achievement, Office of To improve student achievement and school completion in Georgia. Total Funds Federal and Other Funds Federal Funds Not specifically Identified State Funds State General Funds $1,429,376 $266,000 $266,000 $1,163,376 $1,163,376 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,135,864 $1,401,864 Annualize the cost of the FY2006 salary adjustment. $6,108 $6,108 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $8,006 $8,006 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $12,522 $12,522 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $876 $876 Increase funds for an audit position to evaluate why certain schools are not meeting student achievement goals. $0 $0 Amount appropriated in this Act $1,163,376 $1,429,376 Section 27: Human Resources, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency 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 $3,089,236,874 $1,659,679,845 $547,404,195 $183,914,529 $354,528,378 $50,485,333 $53,817,151 $49,192,709 $17,348,033 $158,070,607 THURSDAY, MARCH 30, 2006 5821 Preventive Health and Health Services Block Grant Community Mental Health Services Block Grant Prevention and Treatment of Substance Abuse Block Grant Community Services Block Grant Low-Income Home Energy Assistance TANF Block Grant Unobligated Balance State Funds Tobacco Funds State General Funds Brain and Spinal Injury Trust Fund Intra-State Government Transfers Other Intra-State Government Payments $4,203,960 $12,840,422 $50,960,435 $17,189,251 $18,929,972 $140,794,870 $1,423,526,488 $28,568,139 $1,391,950,658 $3,007,691 $6,030,541 $6,030,541 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. 5822 JOURNAL OF THE HOUSE 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. Administration To provide administration and support for the Divisions and Operating Office. Total Funds $237,538,500 Federal and Other Funds $126,478,200 Federal Funds Not specifically Identified $60,889,436 Agency Funds $5,872,044 Temporary Assistance for Needy Families Block Grant $22,798,586 Social Services Block Grant $5,423,648 Child Care and Development Block Grant $29,976 Foster Care Title IV-E $2,427,905 Medical Assistance Program $28,654,910 Preventive Health and Health Services Block Grant $31,070 Community Services Block Grant $4,068 Low-Income Home Energy Assistance $346,557 State Funds $111,060,300 Tobacco Funds $321,984 State General Funds $110,738,316 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $89,756,140 $198,733,177 Redirect $2,625,267 in surplus funding to cover expenses related to Hurricane Katrina. This funding will be removed in SFY2008. (CC:YES) $0 $0 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $836,310 $836,310 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $995,870 $995,870 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $827,213 $1,224,957 THURSDAY, MARCH 30, 2006 5823 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Transfer $493,388 from the Information Technology subprogram of the Administration program to the Adult Services program ($399,881) and the Child and Adolescent Services program ($93,507) to adjust Georgia Technology Authority rate funding. (CC:$399,881 to Adult Mental Health Services and $93,507 to Child and Adolescent Forensic Services) Use existing funds in the Information Technology subprogram of the Administration program to develop a business continuity and disaster recovery security standard for statewide department applications. Replace tobacco funds with state general funds. Reduce contracts and operating cost. Reduce equipment purchases in the Information Technology subprogram of the Administration program. Reduce administrative costs. (CC:No service contracts are to be cut) Provide funds in the Information Technology subprogram of the Administration program for the implementation of the Statewide Automated Child Welfare Information System (SACWIS). Provide state funds in the General Administration subprogram of the Administration program to replace county funds previously contributed for the cost of the Electronic Benefit Transfer (EBT) card services. Enhance SUCCESS system to support Medicaid eligibility verification and for changes in TANF in the Information Technology subprogram of the Administration program. Increase TANF funding for administration costs (CC:SFY 2005 level) Reduce Social Service Block Grant funding to administration. Create a study committee to evaluate the mission of the $14,988,649 $1,520,701 ($493,388) $0 $0 ($1,843,282) ($500,000) ($1,242,778) $2,227,905 $2,200,000 $700,000 $0 $0 $0 $23,373,107 $2,236,021 ($493,388) $0 $0 ($1,843,282) ($500,000) ($1,242,778) $4,455,810 $2,555,737 $2,400,000 $3,600,000 ($80,000) $0 5824 JOURNAL OF THE HOUSE Division of Public Health, its community funding formula, and salaries of its employees. (CC:YES) Reflect Social Service Block Grant Unobligated usage by refinancing with SSBG reserve funds. (CC:YES) Adjust funding level. Provide funding for the relocation of the Bryan, Gordon, Banks, and Randolph County DFCS facilities. Fund a monthly supplement of $20 to be used by all persons in nursing homes, as well as those in the hospice program in nursing home settings. (Remainder in DCH) Classify Medicaid funding. Amount appropriated in this Act $0 $0 $200,000 $886,960 $0 $111,060,300 $0 ($1) $400,000 $886,960 $0 $237,538,500 Adolescent and Adult Health Promotion To provide education and services to promote the health and well being of Georgians. Activities include preventing teenage pregnancies, tobacco use prevention, cancer screening and prevention, and family planning services. Total Funds $48,538,817 Federal and Other Funds $28,505,160 Federal Funds Not specifically Identified $6,207,725 Temporary Assistance for Needy Families Block Grant $20,596,897 Maternal and Child Health Services Block Grant $1,087,109 Medical Assistance Program $571,735 Preventive Health and Health Services Block Grant $41,694 State Funds $20,033,657 Tobacco Funds $4,874,988 State General Funds $15,158,669 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $19,198,382 $47,703,542 Eliminate the Tobacco Use Prevention sub-program $0 $0 except for $250,000 in media promotions to promote the National Cancer Institute's Quitline with Tobacco funds. Then transfer $1,899,875 in Tobacco funds from previous services in the Tobacco Use Prevention sub- THURSDAY, MARCH 30, 2006 5825 program to supplant State funds in the Cancer Screening sub-program. Provide funding for the Diabetic Care Coalition. (CC:Diabetes Care Coalition) Realign the program and sub-program structure within the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta, Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on population. Classify Medicaid funding. Amount appropriated in this Act $175,000 $0 $225,755 $268,827 $85,693 $80,000 $0 $20,033,657 $175,000 $0 $225,755 $268,827 $85,693 $80,000 $0 $48,538,817 Adoption Services To support and facilitate the safe permanent placement of children by prescreening families and providing support and financial services after adoption. Total Funds $69,586,468 Federal and Other Funds $36,632,276 Federal Funds Not specifically Identified $24,070,544 Agency Funds $561,732 Temporary Assistance for Needy Families Block Grant $12,000,000 State Funds $32,954,192 State General Funds $32,954,192 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $33,258,201 $62,190,477 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $20,385 $20,385 5826 JOURNAL OF THE HOUSE Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Recognize an increase in the federal match rate by adjusting state funds. Increase TANF funding for adoption assistance for two parent families Reclassify funding. Amount appropriated in this Act $24,274 ($348,668) $0 $0 $32,954,192 $24,274 ($348,668) $7,700,000 $0 $69,586,468 Adult Addictive Disease Services To provide services to adults for the safe withdrawal from abused substances and promote a transition to productive living. Total Funds $70,391,536 Federal and Other Funds $26,315,435 Prevention and Treatment of Substance Abuse Block Grant $26,315,435 State Funds $44,076,101 State General Funds $44,076,101 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $41,766,783 $68,082,218 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $453,165 $453,165 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $539,626 $539,626 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $76,527 $76,527 Provide funds for provider training and treatment services to 200 methamphetamine-addicted adults with children in the Adult Services program. (CC:In the Adult Addictive Disease Services program) $1,000,000 $1,000,000 Funding for the operation of the Emanuel Regional Detoxification Center. (CC:To be matched with CSB $240,000 $240,000 substance abuse funding of $352,000) Amount appropriated in this Act $44,076,101 $70,391,536 THURSDAY, MARCH 30, 2006 5827 Adult Developmental Disabilities Services To provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities. Total Funds $330,380,770 Federal and Other Funds $145,904,595 Federal Funds Not specifically Identified $161,867 Agency Funds $53,767,732 Temporary Assistance for Needy Families Block Grant $27,016,392 Social Services Block Grant $30,636,459 Medical Assistance Program $34,322,145 State Funds $184,476,175 Tobacco Funds $10,255,138 State General Funds $174,221,037 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $170,456,263 $303,400,680 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Recognize an increase in the federal match rate by adjusting state funds. ($500,000) ($500,000) Annualize the cost of 925 waiver slots on the Mental Retardation/Developmental Disabilities Waiting List. $2,648,987 $6,878,700 Fund 750 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting List. (CC:6 months with associated infrastructure costs) $9,619,528 $21,837,981 Annualize the cost of the FY2006 salary adjustment. $2,013,809 $2,013,809 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $2,398,028 $2,398,028 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $340,079 $340,079 Transfer TANF funds to support developmental disabilities for adults to child and adolescent services $0 ($3,487,988) Recognize efficiencies within the Department of Human Resources through the implementation of an ASO provided by the Department of Community Health. ($500,519) ($500,519) 5828 JOURNAL OF THE HOUSE Provide funds for Rockdale Cares. Coordinate dental hygienist programs at technical schools to provide services to consumers with developmental disabilities. Contract outside the agency for coordination services. (CC:Accredited dental schools) Provide 12 months funding for an additional 1,500 slots for consumers on the Mental Retardation/Developmental Disabilities waiting list. This will bring the total slots funded to 3,000. (CC:Reflect community service funding used in prior years to cover hospital deficits to be spent on community services only) Classify Medicaid funding. Realize savings by reducing non-Psychiatrist Physicians at Central State Hospital. Amount appropriated in this Act $50,000 $50,000 $0 $0 ($2,100,000) $184,476,175 $50,000 $50,000 $0 $0 ($2,100,000) $330,380,770 Adult Essential Health Treatment Services To provide treatment and services to low income Georgians with cancer, Georgians at risk of stroke or heart attacks, and refugees. Total Funds $14,627,430 Federal and Other Funds $1,329,567 Federal Funds Not specifically Identified $118,690 Preventive Health and Health Services Block Grant $1,210,877 State Funds $13,297,863 Tobacco Funds $5,000,000 State General Funds $8,297,863 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $11,539,990 $12,869,557 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Provide funding for the Cancer State Aid sub-program of the Essential Public Health Clinical Services program to treat low-income, uninsured or $1,452,545 $1,452,545 THURSDAY, MARCH 30, 2006 5829 underinsured patients with survivable cancers. (CC:For the Adult Essential Health Treatment Services program) Annualize the cost of the FY2006 salary adjustment. Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Increase funding to purchase factor concentrate for people with hemophilia who lack health insurance, Medicaid, or Medicare. Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta, Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on population. Amount appropriated in this Act $28,255 $2,281 $33,645 $2,717 $8,216 $214 $150,000 $80,000 $13,297,863 $28,255 $2,281 $33,645 $2,717 $8,216 $214 $150,000 $80,000 $14,627,430 Adult Forensic Services To provide evaluation, treatment and residential services to adult clients referred by Georgia's criminal justice or corrections system. Total Funds $27,286,249 Federal and Other Funds $1,115,408 Federal Funds Not specifically Identified $1,115,408 State Funds $26,170,841 State General Funds $26,170,841 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $25,665,915 $26,781,323 Realign the program and sub-program structure within $0 $0 the Department of Human Resources 5830 JOURNAL OF THE HOUSE Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Realize savings by reducing non-Psychiatrist Physicians at Central State Hospital. Provide community services and forensic placements for consumers at West Central Georgia Regional Hospital through the following strategies: $213,982 $254,806 $36,138 $0 $0 a. Transfer 20 adult mental health beds to Northwest Georgia Regional Hospital by October 1, 2006; b. Transfer 35 adult mental health consumers to the community by March 1, 2007; c. Provide community adult crisis stabilization services by establishing 2 16-bed units by October 1, 2006; d. Transfer 40 forensic beds to Georgia Regional Hospital Savannah by June 15, 2007; e. Provide community forensic transition services by establishing a 6-bed community integration home by February 1, 2007; f. Provide court ordered community placement for 35 forensic consumers by June 1,2007; g. Transfer administration of 8 adolescent transition beds to Southwest State Hospital Amount appropriated in this Act $26,170,841 $213,982 $254,806 $36,138 $0 $0 $27,286,249 Adult Mental Health Services To provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. Total Funds $179,590,445 Federal and Other Funds $15,363,620 Federal Funds Not specifically Identified $4,244,326 Agency Funds $2,935,696 Medical Assistance Program $709,000 Community Mental Health Services Block Grant $7,474,598 State Funds $164,226,825 State General Funds $164,226,825 THURSDAY, MARCH 30, 2006 5831 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $174,319,232 $189,334,642 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Transfer state funds from the Adult Services program to the Department of Community Health's Low Income Medicaid program to implement Georgia Healthy Families which serves Medicaid clients that receive mental health services. (CC:From the Adult Mental ($17,178,027) ($17,178,027) Health Services program) Transfer $399,881 from the Information Technology subprogram of the Administration program to the Adult Services program to adjust Georgia Technology Authority rate funding. (CC:To Adult Mental Health Services program) $399,881 $399,881 Provide for case management and other support services in the Adult Services program for adult mental health and addictive disease consumers being treated in the community. (CC:In the Adult Mental Health $427,000 $525,210 Services program. Accommodate for services already provided in DCH) Provide funds for one adult crisis stabilization unit in the Adult Services program so that consumers can be served in the community rather than at a state hospital. $1,523,479 $1,773,479 (CC:In the Adult Mental Health Services program) Annualize the cost of the FY2006 salary adjustment. $1,222,469 $1,222,469 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $1,455,706 $1,455,706 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $206,442 $206,442 Evaluate all state mental health hospitals and begin planning for the privatization of at least one facility. $0 $0 (CC:YES) Add one-time funding to support the new building project for the Savannah Area Behavioral Health Collaborative. $250,000 $250,000 Realize savings by reducing non-Psychiatrist Physicians at Central State Hospital. $0 $0 5832 JOURNAL OF THE HOUSE Provide community services and forensic placements for consumers at West Central Georgia Regional Hospital through the following strategies: $1,600,643 $1,600,643 a. Transfer 20 adult mental health beds to Northwest Georgia Regional Hospital by October 1, 2006; b. Transfer 35 adult mental health consumers to the community by March 1, 2007; c. Provide community adult crisis stabilization services by establishing 2 16-bed units by October 1, 2006; d. Transfer 40 forensic beds to Georgia Regional Hospital Savannah by June 15, 2007; e. Provide community forensic transition services by establishing a 6-bed community integration home by February 1, 2007; f. Provide court ordered community placement for 35 forensic consumers by June 1,2007; g. Transfer administration of 8 adolescent transition beds to Southwest State Hospital Classify Medicaid funding. Amount appropriated in this Act $0 $164,226,825 $0 $179,590,445 Adult Nursing Home Services To provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. Total Funds $1,708,162 Federal and Other Funds $1,561,791 Federal Funds Not specifically Identified $14,551 Agency Funds $1,547,240 State Funds $146,371 State General Funds $146,371 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,495,494 $3,057,285 Realign the program and sub-program structure within $0 $0 the Department of Human Resources THURSDAY, MARCH 30, 2006 5833 Realize savings by consolidating the Craig Nursing Center and the Nursing Home Center at Central State. Realize savings by consolidating the Craig Nursing Center and the Nursing Home Center at Central State. Amount appropriated in this Act ($1,041,854) ($307,269) $146,371 ($1,041,854) ($307,269) $1,708,162 After School Care To expand the provision of after school care services and draw down TANF maintenance of effort funds. Total Funds $34,000,000 Federal and Other Funds $31,000,000 Agency Funds $20,000,000 Temporary Assistance for Needy Families Block Grant $11,000,000 State Funds $3,000,000 State General Funds $3,000,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,000,000 $14,000,000 Transfer Maintenance of Effort money collected for after school care programs from Support for Needy Families - Basic Assistance. $0 $20,000,000 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Refinance funding of the program. ($1,000,000) $0 Amount appropriated in this Act $3,000,000 $34,000,000 Child and Adolescent Addictive Disease Services To provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to productive living. Total Funds $26,550,107 Federal and Other Funds $16,939,368 Federal Funds Not specifically Identified $2,486,456 Prevention and Treatment of Substance Abuse Block Grant $14,452,912 State Funds $9,610,739 State General Funds $9,610,739 5834 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,232,387 $23,685,299 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $155,049 $155,049 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $184,632 $184,632 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $38,671 $38,671 Amount appropriated in this Act $9,610,739 $26,550,107 Child and Adolescent Developmental Disabilities Services To provide evaluation, residential, support, and education services to promote independence for children and adolescents with developmental disabilities. Total Funds $23,473,734 Federal and Other Funds $9,997,854 Temporary Assistance for Needy Families Block Grant $3,487,988 Medical Assistance Program $6,509,866 State Funds $13,475,880 State General Funds $13,475,880 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $8,694,426 $11,826,023 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Transfer the American Association of Adapted Sports Program contract from the Department of Labor's Roosevelt Warm Springs Institute program to the Community Services - Child and Adolescent Developmental Disabilities subprogram of the Child and Adolescent Services program. (CC:To the Child $284,069 $284,069 and Adolescent Developmental Disability Services program) THURSDAY, MARCH 30, 2006 5835 Annualize the cost of 925 waiver slots on the Mental Retardation/Developmental Disabilities Waiting List. Fund 750 waiver slots for consumers on the Mental Retardation/Developmental Disabilities Waiting List. (CC:6 months with associated infrastructure costs) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Recognize efficiencies within the Department of Human Resources through the implementation of an ASO provided by the Department of Community Health. Provide additional funding for the American Association Of Adapted Sports program to expand services statewide. Provide additional funding for the Marcus Institute to serve children with disabilities. Provide additional funding for the Matthew Reardon Center to serve children with disabilities. Transfer TANF funds to support developmental disabilities for adults to child and adolescent services Classify Medicaid funding. Provide 12 months funding for an additional 1,500 slots for consumers on the Mental Retardation/Developmental Disabilities waiting list. This will bring the total slots funded to 3,000. (CC:Reflect community service funding used in prior years to cover hospital deficits to be spent on community services only) Amount appropriated in this Act $548,430 $1,970,266 $91,389 $108,826 $22,793 ($94,319) $250,000 $1,500,000 $100,000 $0 $0 $0 $13,475,880 $1,424,123 $4,472,842 $91,389 $108,826 $22,793 ($94,319) $250,000 $1,500,000 $100,000 $3,487,988 $0 $0 $23,473,734 Child and Adolescent Forensic Services To provide evaluation, treatment and residential services to children and adolescents clients referred by Georgia's criminal justice or corrections system. Total Funds $6,854,414 Federal and Other Funds $276,000 Medical Assistance Program $276,000 5836 JOURNAL OF THE HOUSE State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $5,640,827 $5,640,827 $937,587 $937,587 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,789,534 $2,727,121 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $404,258 $404,258 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $481,388 $481,388 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $100,827 $100,827 Transfer $93,507 from the Information Technology subprogram of the Administration program to the Child and Adolescent Services program to adjust Georgia Technology Authority rate funding. (CC:To Child and Adolescent Forensic Services program) $93,507 $93,507 Provide a savings by transferring 19 mentally retarded and seriously emotionally disturbed child and adolescent consumers from Northwest Georgia Regional Hospital to the community in the Child and Adolescent Services program. (CC:In the Child and ($1,002,687) ($1,002,687) Adolescent Forensic Services program) Provide child and adolescent crisis stabilization $3,774,000 services in the Child and Adolescent Services program. $4,050,000 (CC:In the Child and Adolescent Forensic Services program. Designate one CSU at Gwinnett Rockdale and Newton CSB) Reclassify funding. $0 $0 Classify Medicaid funding. $0 $0 Amount appropriated in this Act $5,640,827 $6,854,414 Child and Adolescent Mental Health Services To provide evaluation, treatment, crisis stabilization, and residential services to children and adolescents with mental illness. THURSDAY, MARCH 30, 2006 5837 Total Funds Federal and Other Funds Medical Assistance Program Community Mental Health Services Block Grant State Funds State General Funds $70,123,674 $5,368,929 $3,105 $5,365,824 $64,754,745 $64,754,745 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $64,730,241 $70,099,170 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $10,042 $10,042 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $11,956 $11,956 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,506 $2,506 Classify Medicaid funding. $0 $0 Amount appropriated in this Act $64,754,745 $70,123,674 Child Support Services 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 $67,502,816 Federal and Other Funds $51,919,936 Federal Funds Not specifically Identified $51,499,936 Agency Funds $300,000 Social Services Block Grant $120,000 State Funds $15,582,880 State General Funds $15,582,880 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $15,508,672 $67,816,843 5838 JOURNAL OF THE HOUSE Realign the program and sub-program structure within the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Reduce administrative costs. (CC:No contracts with District Attorneys are to be reduced) Amount appropriated in this Act $0 $125,164 $149,044 ($200,000) $15,582,880 $0 $125,164 $149,044 ($588,235) $67,502,816 Child Welfare Services To encourage and enforce the parental responsibility of paying financial support. Total Funds $242,262,751 Federal and Other Funds $179,122,295 Federal Funds Not specifically Identified $67,175,117 Agency Funds $13,490,604 Temporary Assistance for Needy Families Block Grant $75,763,725 Social Services Block Grant $4,664,167 Foster Care Title IV-E $18,028,682 State Funds $63,140,456 State General Funds $63,140,456 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $60,124,883 $230,325,811 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $205,240 $205,240 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $244,398 $244,398 Replace tobacco funds with state general funds. $0 $0 Realize efficiencies through the consolidation of DFCS county management in the Child Welfare Services program and eliminate 60 positions through attrition. ($1,503,900) ($3,000,000) Recognize an increase in the federal match rate by adjusting state funds. ($335,972) ($335,972) Reduce contracts and operating cost. ($31,718) ($31,718) THURSDAY, MARCH 30, 2006 5839 Provide TANF funds in the Child Welfare Services program for Child Advocacy Centers to help reduce trauma to victims of sexual abuse and increase prosecutions of perpetrators. (CC:Fund through the Children's Trust Fund Commission) Provide TANF funds in the Child Welfare Services program for Court Appointed Special Advocates to assist an additional 1,000 abused or neglected children in juvenile court deprivation proceedings. Annualize the cost of 500 additional Child Protective Services caseworkers in the Child Welfare Services program. Adjust federal funds. Remove TANF funds transferred to SSBG to be used for Child Welfare Services Increase TANF funding for the prevention of unnecessary placement services Increase TANF funding to counties for Child Protective Services work activities Increase TANF funding for child welfare diversion Add TANF funding to support CPS intake activities for non Title IV-E eligible families. Amount appropriated in this Act $0 $0 $4,437,525 $0 $0 $0 $0 $0 $0 $63,140,456 $0 $280,000 $9,389,500 $0 ($20,114,508) $0 $23,800,000 $0 $1,500,000 $242,262,751 Child Care Services To investigate allegations of child abuse, abandonment and neglect and to provide services to protect the child and strengthen the family. Total Funds $232,966,802 Federal and Other Funds $175,018,409 Federal Funds Not specifically Identified $120,398,416 Agency Funds $832,728 Social Services Block Grant $90 Child Care and Development Block Grant $53,787,175 State Funds $57,948,393 State General Funds $57,948,393 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 5840 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Increase CCDF funding to improve child care rate reimbursement and the number of children served. (CC:Reflect actual operating budget-no net change to reimbursement or number of children served) Realign the program and sub-program structure within the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Supplant CCDF funds, transferred from TANF funds, with TANF unobligated balance funds (CC:Use CCDF reserved funds) Reflect $21,919,354 in base budget transfers of CCDF block grant funds to the Department of Early Care and Learning. (CC:YES) Amount appropriated in this Act State Funds $57,805,665 $0 $0 $65,149 $77,579 $0 $0 $57,948,393 Total Funds $194,944,868 $59,798,560 $0 $65,149 $77,579 $0 ($21,919,354) $232,966,802 Direct Care Support Services To provide facility support services and direct patient support therapies. Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $151,264,509 $48,464,098 $6,120,300 $42,343,798 $97,707,457 $97,707,457 $5,092,954 $5,092,954 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $94,448,798 $148,005,850 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $888,872 $888,872 THURSDAY, MARCH 30, 2006 5841 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Reclassify funding. Provide community services and forensic placements for consumers at West Central Georgia Regional Hospital through the following strategies: $1,058,460 $0 $1,462,204 $1,058,460 $0 $1,462,204 a. Transfer 20 adult mental health beds to Northwest Georgia Regional Hospital by October 1, 2006; b. Transfer 35 adult mental health consumers to the community by March 1, 2007; c. Provide community adult crisis stabilization services by establishing 2 16-bed units by October 1, 2006; d. Transfer 40 forensic beds to Georgia Regional Hospital Savannah by June 15, 2007; e. Provide community forensic transition services by establishing a 6-bed community integration home by February 1, 2007; f. Provide court ordered community placement for 35 forensic consumers by June 1,2007; g. Transfer administration of 8 adolescent transition beds to Southwest State Hospital Realize savings by consolidating the Craig Nursing Center and the Nursing Home Center at Central State. Amount appropriated in this Act ($150,877) $97,707,457 ($150,877) $151,264,509 Elder Abuse Investigations and Prevention To prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred. Total Funds $15,370,535 Federal and Other Funds $7,024,297 Federal Funds Not specifically Identified $566,695 Social Services Block Grant $2,279,539 Medical Assistance Program $4,178,063 State Funds $8,346,238 State General Funds $8,346,238 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 5842 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Realign the program and sub-program structure within the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Classify Medicaid funding. Amount appropriated in this Act State Funds $8,171,437 $0 $79,789 $95,012 $0 $8,346,238 Total Funds $15,195,734 $0 $79,789 $95,012 $0 $15,370,535 Elder Community Living Services To provide Georgians who need nursing home level of care the option of remaining in their own communities. Total Funds $108,703,829 Federal and Other Funds $34,184,121 Federal Funds Not specifically Identified $19,829,293 Social Services Block Grant $3,761,430 Medical Assistance Program $10,593,398 State Funds $74,519,708 Tobacco Funds $5,465,745 State General Funds $69,053,963 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $71,050,361 $104,535,437 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Recognize an increase in the federal match rate by adjusting state funds. ($28,865) ($28,865) Provide funds for an additional 500 slots in the Community Care Services Program for eligible elderly clients which will provide services that will enable them to continue to live at home. (CC:Add 500 slots and 12 months funding to bring the total to 1,000 slots.) $3,615,330 $4,314,375 Annualize the cost of the FY2006 salary adjustment. $6,142 $6,142 THURSDAY, MARCH 30, 2006 5843 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Recognize efficiencies within the Department of Human Resources through the implementation of an ASO provided by the Department of Community Health. Classify Medicaid funding. Amount appropriated in this Act $7,314 ($130,574) $7,314 ($130,574) $0 $0 $74,519,708 $108,703,829 Elder Support Services To assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition, and other support and education services. Total Funds $8,880,962 Federal and Other Funds $5,470,220 Federal Funds Not specifically Identified $5,470,220 State Funds $3,410,742 Tobacco Funds $2,534,647 State General Funds $876,095 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,534,647 $8,004,867 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $500 $500 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $595 $595 Improve customer service by expanding the Division of Aging Services' information, screening, and assistance (Gateway) operation to include service to individuals with developmental disabilities (MH/DD/AD). $700,000 $700,000 Provide additional funding for Naturally Occurring Retirement Communities (NORC). (CC:$250,000 in base brings total funding to $375,000) $125,000 $125,000 Provide one-time funding for construction and the expansion of the Ruth Byck Adult Day Care in Savannah, GA. $50,000 $50,000 5844 JOURNAL OF THE HOUSE Amount appropriated in this Act $3,410,742 $8,880,962 Eligibility Determination To promote access to health care for low income families, children, pregnant women and persons who are aged, blind or disabled. Total Funds $50,305,844 Federal and Other Funds $24,377,800 Agency Funds $1,709,341 Medical Assistance Program $22,668,459 State Funds $25,928,044 State General Funds $25,928,044 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $25,683,414 $50,061,214 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $111,663 $111,663 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $132,967 $132,967 Classify Medicaid funding. $0 $0 Amount appropriated in this Act $25,928,044 $50,305,844 Emergency Preparedness/Trauma System Improvement To prepare for natural disasters, bioterrorism, and other emergencies as well as improving the capacity of the state's trauma system. Total Funds $6,989,265 Federal and Other Funds $1,147,504 Preventive Health and Health Services Block Grant $1,147,504 State Funds $5,841,761 State General Funds $5,841,761 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,798,557 $5,946,061 THURSDAY, MARCH 30, 2006 5845 Realign the program and sub-program structure within the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Initiate trauma care funding to subsidize designated trauma centers uncompensated care costs for the provision of direct patient care to victims of traumatic injuries. Funding allocation should be pooled based on designations: a. Level I Centers receiving 55% of initial funding b. Level II Centers receiving 38% of initial funding c. Pediatric Centers receiving 5% of initial funding d. Level III Centers receiving 2% of initial funding (CC:Item b - 43%; Item c - No pediatric center designation; Item d - move language to DCH) Reclassify funding. Provide funds to the American Red Cross to recruit, train, and outfit volunteers. Amount appropriated in this Act $0 $16,713 $19,902 $6,589 $1,000,000 $0 $0 $5,841,761 $0 $16,713 $19,902 $6,589 $1,000,000 $0 $0 $6,989,265 Energy Assistance To assist low-income households in meeting their immediate home energy needs. Total Funds $19,371,500 Federal and Other Funds $18,623,684 Agency Funds $40,269 Low-Income Home Energy Assistance $18,583,415 State Funds $747,816 State General Funds $747,816 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $747,816 $19,371,500 Realign the program and sub-program structure within $0 $0 the Department of Human Resources 5846 JOURNAL OF THE HOUSE Amount appropriated in this Act $747,816 $19,371,500 Epidemiology To monitor, investigate, and respond to disease, injury, and other events of public health concern. Total Funds $5,538,665 Federal and Other Funds $372,341 Federal Funds Not specifically Identified $15,631 Medical Assistance Program $159,960 Preventive Health and Health Services Block Grant $196,750 State Funds $5,166,324 Tobacco Funds $115,637 State General Funds $5,050,687 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,054,290 $5,426,631 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $50,412 $50,412 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $60,031 $60,031 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,591 $1,591 Classify Medicaid funding. $0 $0 Amount appropriated in this Act $5,166,324 $5,538,665 Facility and Provider Regulation To inspect and license foster care residential facilities, child placing agencies, long term care and health care facilities. Total Funds $13,818,307 Federal and Other Funds $6,534,304 Federal Funds Not specifically Identified $6,534,304 State Funds $7,284,003 State General Funds $7,284,003 THURSDAY, MARCH 30, 2006 5847 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,752,292 $13,286,596 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $34,957 $34,957 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $41,627 $41,627 Provide funds to increase inspection of licensed residential child caring facilities in the Regulatory Compliance program. (CC:In the Facility and Provider Regulation program) $534,716 $534,716 Reduce administrative costs. (CC:No contracts are to ($79,589) ($79,589) be reduced) Amount appropriated in this Act $7,284,003 $13,818,307 Family Violence Services To provide safe shelter and related services for victims of family violence. Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Temporary Assistance for Needy Families Block Grant Foster Care Title IV-E State Funds State General Funds $10,002,769 $5,349,430 $122 $3,617 $5,065,244 $280,447 $4,653,339 $4,653,339 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,701,950 $8,551,380 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $634 $634 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $755 $755 5848 JOURNAL OF THE HOUSE Create 3 new rape crisis centers in the areas of most need of the northern, southern, and eastern regions of the State of Georgia. Redirect $500,000 in TANF funds used for prevention of unnecessary placement activities to direct contracts with family violence shelters to provide early intervention services for families at risk of domestic violence. (CC:YES) Increase TANF funding for family violence services Provide funding for the Sexual Assault Center of the Northwest. Transfer base budget funding of Child Advocacy Centers to the Children's Trust Fund Commission. Amount appropriated in this Act $225,000 $0 $225,000 $0 $0 $25,000 $1,500,000 $25,000 ($300,000) ($300,000) $4,653,339 $10,002,769 Federal and Unobligated Balances To reflect balances of federal funds from prior years. No services are provided. Total Funds $131,448,509 Federal and Other Funds $131,448,509 Federal Funds Not specifically Identified $20,591,603 TANF Block Grant Unobligated Balance $110,856,906 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $236,180,668 Reflect Social Services Block Grant reserved funds appropriated in the FY 2006 Budget. $0 $0 Transfer reserved Social Service Block Grant funding $0 $0 to various programs to cover current cost initiatives. Reflect Child Care Development Fund (CCDF) reserved funds appropriated in the FY 2006 Budget. $0 $0 Transfer reserved Child Care Development Funds (CCDF) to various programs to cover current cost initiatives. $0 $0 Realign the program and sub-program structure within $0 $0 the Department of Human Resources THURSDAY, MARCH 30, 2006 5849 Transfer reserved TANF funding to various programs to cover new cost initiatives in the current FY 2007 budget Reflect TANF reserved funds appropriated in the FY 2006 Budget Reclassify funding. Reclassify TANF funding. Reflect funds to account for expenditures in SFY2006. Transfer funds to cover SFY2007 expenditures. Amount appropriated in this Act $0 $0 $0 $0 $0 $0 $0 $0 $0 ($40,645,371) $0 ($64,086,788) $0 $131,448,509 Food Stamp Eligibility & Benefits To promote the nutritional well being of Georgia's low-income families and children by providing assistance in purchasing groceries. Total Funds $53,632,268 Federal and Other Funds $29,693,542 Federal Funds Not specifically Identified $25,663,448 Agency Funds $2,125,153 Foster Care Title IV-E $1,904,941 State Funds $23,938,726 State General Funds $23,938,726 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $23,551,409 $53,244,951 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $176,793 $176,793 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $210,524 $210,524 Amount appropriated in this Act $23,938,726 $53,632,268 Immunization To provide immunization, consultation, training, assessment, vaccines and technical assistance. Total Funds $17,982,978 5850 JOURNAL OF THE HOUSE Federal and Other Funds Federal Funds Not specifically Identified Maternal and Child Health Services Block Grant Preventive Health and Health Services Block Grant State Funds State General Funds $8,769,874 $1,303,416 $6,762,746 $703,712 $9,213,104 $9,213,104 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,022,926 $17,792,800 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $83,262 $83,262 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $99,147 $99,147 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $7,769 $7,769 Amount appropriated in this Act $9,213,104 $17,982,978 Infant and Child Essential Health Treatment Services To avoid unnecessary health problems in later life by providing comprehensive health services to infant and children. Total Funds $44,873,323 Federal and Other Funds $11,481,664 Federal Funds Not specifically Identified $2,898,648 Maternal and Child Health Services Block Grant $7,960,921 Medical Assistance Program $354,740 Preventive Health and Health Services Block Grant $267,355 State Funds $33,391,659 State General Funds $33,391,659 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $32,846,767 $44,328,431 THURSDAY, MARCH 30, 2006 5851 Realign the program and sub-program structure within the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta, Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on population. Classify Medicaid funding. Amount appropriated in this Act $0 $79,683 $104,803 $94,887 $124,800 $30,246 $30,473 $80,000 $0 $33,391,659 $0 $79,683 $104,803 $94,887 $124,800 $30,246 $30,473 $80,000 $0 $44,873,323 Infant and Child Health Promotion To provide education and services to promote health and nutrition for infants and children. Total Funds $108,203,999 Federal and Other Funds $94,313,893 Federal Funds Not specifically Identified $85,233,807 Agency Funds $2,281,919 Maternal and Child Health Services Block Grant $1,258,688 Medical Assistance Program $5,383,258 Preventive Health and Health Services Block Grant $156,221 State Funds $13,890,106 State General Funds $13,890,106 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $15,497,296 $107,529,270 5852 JOURNAL OF THE HOUSE Realign the program and sub-program structure within the Department of Human Resources Replace tobacco funds with state general funds. Increase the number of newborn screening tests currently performed from 13 to 29 to improve health and developmental outcomes for children. Reflect a $40 fee and reduce state funds in the Comprehensive Child Health subprogram. Reduce contracts and operating cost. Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Provide additional funding for prenatal care through the Babies Born Healthy program. Provide funding to the Rally Foundation for childhood cancer awareness activities. Reclassify funding. Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta, Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on population. Classify Medicaid funding. Amount appropriated in this Act $0 $0 ($2,281,919) ($125,000) $77,704 $92,529 $29,496 $500,000 $20,000 $0 $80,000 $0 $13,890,106 $0 $0 $0 ($125,000) $77,704 $92,529 $29,496 $500,000 $20,000 $0 $80,000 $0 $108,203,999 Infectious Disease Control To ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. Total Funds $46,185,547 Federal and Other Funds $10,939,695 Federal Funds Not specifically Identified $10,705,829 Agency Funds $150,000 Maternal and Child Health Services Block Grant $83,866 State Funds $35,245,852 State General Funds $35,245,852 THURSDAY, MARCH 30, 2006 5853 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $34,260,688 $45,200,383 Provide funding for Hepatitis C testing within the Department of Public Health. $104,297 $104,297 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Replace tobacco funds with state general funds. $0 $0 Annualize the cost of the FY2006 salary adjustment. $350,627 $350,627 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $417,524 $417,524 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $32,716 $32,716 Add supplemental Public Health Grant-In-Aid funding to the 10 counties (Cherokee, Clayton, Cobb, Coweta, Fayette, Forsyth, Gwinnett, Henry, Newton, and Paulding) that are spending the lowest per citizen based on population. $80,000 $80,000 Amount appropriated in this Act $35,245,852 $46,185,547 Injury Prevention To provide education and services to prevent injuries due to suicide, fires, automobile accidents, violence against women, shaken babies, and child accidents. Total Funds $539,398 Federal and Other Funds $112,005 Preventive Health and Health Services Block Grant $112,005 State Funds $427,393 State General Funds $427,393 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $277,393 $389,398 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Begin a State run program providing suicide prevention services through the Division of Public Health. $150,000 $150,000 5854 JOURNAL OF THE HOUSE Amount appropriated in this Act $427,393 $539,398 Inspections and Environmental Hazard Control To detect and prevent environmental hazards as well as providing inspection and enforcement of health regulations for food service establishments, sewage management facilities, swimming pools. Total Funds $14,955,915 Federal and Other Funds $543,732 Maternal and Child Health Services Block Grant $194,703 Medical Assistance Program $12,257 Preventive Health and Health Services Block Grant $336,772 State Funds $14,412,183 State General Funds $14,412,183 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $14,289,821 $14,833,553 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $45,286 $45,286 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $53,926 $53,926 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $23,150 $23,150 Classify Medicaid funding. $0 $0 Amount appropriated in this Act $14,412,183 $14,955,915 Out-of-Home Care To provide safe and appropriate temporary homes for children removed from their families due to neglect, abuse, or abandonment. Total Funds $313,782,000 Federal and Other Funds $164,826,130 Federal Funds Not specifically Identified $6,155,013 Agency Funds $33,086,084 Temporary Assistance for Needy Families Block Grant $61,940,799 Social Services Block Grant $3,600,000 THURSDAY, MARCH 30, 2006 5855 Foster Care Title IV-E Medical Assistance Program State Funds State General Funds $26,550,734 $33,493,500 $148,955,870 $148,955,870 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $148,950,713 $303,915,132 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $143,264 $143,264 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $170,598 $170,598 Recognize an increase in the federal match rate by adjusting state funds. ($1,076,904) ($1,076,904) Increase the relative care subsidy rate in the Family Foster Care subprogram of the Out of Home Care program to 80% of the family foster care rate using TANF funds to increase the number of children placed with relatives. $0 $7,450,000 Provide TANF funds in the Family Foster Care subprogram of the Out of Home Care program for an additional $100 per month per child to foster parents caring for sibling groups of 3 or more children. $0 $1,098,000 Increase family foster care per diem rates in the Family Foster Care subprogram in the Out of Home Care program by 3.2%, consistent with the Consumer Price Index (CPI) increase. $768,199 $1,581,910 Reduce TANF funding for initial foster care services $0 ($800,000) Provide funding for SB 420 that sets up subsidies for grandparents under 200% of the federal poverty level taking care of grandchildren. $0 $1,300,000 Reflect $4,957,827 in surplus funding being applied to $0 $0 offset the Level of Care Deficit. (CC:YES) Classify Medicaid funding. $0 $0 Amount appropriated in this Act $148,955,870 $313,782,000 5856 JOURNAL OF THE HOUSE Refugee Assistance To provide employment, health screening, medical, cash, and social services assistance to refugees. Total Funds $3,699,665 Federal and Other Funds $3,184,005 Federal Funds Not specifically Identified $3,103,467 Agency Funds $80,538 State Funds $515,660 State General Funds $515,660 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $515,660 $3,699,665 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Amount appropriated in this Act $515,660 $3,699,665 Substance Abuse Prevention Services 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 $11,271,176 Federal and Other Funds $10,512,485 Federal Funds Not specifically Identified $320,397 Prevention and Treatment of Substance Abuse Block Grant $10,192,088 State Funds $758,691 State General Funds $758,691 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $669,605 $11,182,090 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $40,664 $40,664 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $48,422 $48,422 THURSDAY, MARCH 30, 2006 5857 Amount appropriated in this Act $758,691 $11,271,176 Support for Needy Families - Family Assistance To administer and aid needy families in the accomplishment of Georgia's state plan for the federal Temporary Assistance for Needy Families program. Total Funds $64,610,360 Federal and Other Funds $47,826,845 Federal Funds Not specifically Identified $11,959,324 Agency Funds $2,786,034 Temporary Assistance for Needy Families Block Grant $5,991,093 Medical Assistance Program $9,905,211 Community Services Block Grant $17,185,183 State Funds $16,783,515 State General Funds $16,783,515 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $17,069,906 $71,196,751 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $157,449 $157,449 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $187,489 $187,489 Recognize an increase in the federal match rate by adjusting state funds. ($631,329) ($631,329) Reduce TANF funding to support administration $0 ($9,300,000) Increase TANF funding for the SNAP program at the Atlanta Food Bank (CC:Food bank assistance statewide) $0 $1,000,000 Increase TANF funding for a pay evaluation of the Office of Family Independence (CC:Use to reward $0 $2,000,000 staff for achieving a high performance bonus. Reward contingent on continued receipt of the bonus) Reclassify funding. $0 $0 Classify Medicaid funding. $0 $0 Amount appropriated in this Act $16,783,515 $64,610,360 5858 JOURNAL OF THE HOUSE Support for Needy Families - Basic Assistance To provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance for Needy Families program. Total Funds $91,688,339 Federal and Other Funds $77,288,339 Temporary Assistance for Needy Families Block Grant $47,350,375 TANF Block Grant Unobligated Balance $29,937,964 State Funds $14,400,000 State General Funds $14,400,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $14,400,000 $129,188,339 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Reduce TANF funding to Cash Assistance based on declining caseloads $0 ($17,500,000) Add additional TANF funds to serve clients with wage $0 $0 disregard Refinance program TANF block grant funds with $0 $0 Unobligated Balance funds (that can only be spent on activities that meet the federal definition of "assistance") to compensate for increased TANF expenditures. (CC:YES) Transfer Maintenance of Effort money to the After School Care program. $0 ($20,000,000) Reclassify funding $0 $0 Amount appropriated in this Act $14,400,000 $91,688,339 Support for Needy Families - Work Assistance To assist needy Georgian families achieve self sufficiency by obtaining and keeping employment as well as complying with Georgia's state plan for the federal Temporary Assistance for Needy Families program. Total Funds $86,067,279 Federal and Other Funds $60,067,279 Temporary Assistance for Needy Families Block Grant $60,067,279 State Funds $26,000,000 THURSDAY, MARCH 30, 2006 5859 State General Funds $26,000,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $26,000,000 $65,331,497 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Provide TANF funds in the Temporary Assistance for $0 $0 Needy Families subprogram of the Economic Assistance program to enhance TANF employment retention efforts including filling vacant positions to work with and support the most difficult to serve TANF clients. Provide TANF funds in the Temporary Assistance for Needy Families subprogram of the Economic Assistance program for the TeenWork program to allow for the employment of teenagers in TANF families. (CC:In the Support for Needy Families Work Assistance program.) $0 $740,000 Provide TANF funds in the Temporary Assistance for Needy Families subprogram of the Economic Assistance program to develop a support system to assist seriously mentally ill or disabled TANF clients apply for SSI or enter a specialized work program. $0 $1,597,000 (CC:In the Support for Needy Families - Work Assistance program) Decrease TANF funding for the Good Works and job $0 $0 placement program Increase TANF funding for Charitable Choice $0 $4,000,000 Increase TANF funding for translation services $0 $500,000 Increase TANF funding to counties performing eligibility and employability work activities $0 $16,100,000 Provide clients, who are employed and receive a TANF payment, with a disregard of wages (a percentage of wages will not count towards eligibility) for six months. This will allow clients time to adjust to work and become financially stable. $0 $8,280,000 Reflect $12,901,218 to the Department of Labor and $7,300,000 to the Department of Technical and Adult $0 ($20,201,218) 5860 JOURNAL OF THE HOUSE Education in base budget transfers for TANF funds. (CC:YES) Provide clients, who are employed but no longer receive a TANF payment, with work supports such as transportation, tools and uniforms for six months. This will provide a step down level of support for working parents. (TANF) Hire staff to provide job retention and other support services. Staff would have special skills to assist newly employed with mentoring and other support services. (TANF) Provide employed clients temporary assistance for work-related emergencies like car repairs. (TANF) Amount appropriated in this Act $0 $0 $0 $26,000,000 $3,600,000 $5,040,000 $1,080,000 $86,067,279 Vital Records To register, enter, archive and provide to the public in a timely manner, vital records and associated documents. Total Funds $2,496,867 Federal and Other Funds $288,204 Federal Funds Not specifically Identified $288,204 State Funds $2,208,663 State General Funds $2,208,663 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,064,090 $2,352,294 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $65,054 $65,054 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $77,465 $77,465 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,054 $2,054 Amount appropriated in this Act $2,208,663 $2,496,867 The following appropriations are for agencies attached for administrative purposes. THURSDAY, MARCH 30, 2006 5861 Brain and Spinal Injury Trust Fund 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 $3,007,691 State Funds $3,007,691 Brain and Spinal Injury Trust Fund $3,007,691 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,000,000 $3,000,000 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $854 $854 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $2,136 $2,136 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $4,001 $4,001 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $700 $700 Amount appropriated in this Act $3,007,691 $3,007,691 Child Fatality Review Panel To permit low income families to be self-reliant while protecting the safety and wellbeing of their children by ensuring access to child care. Total Funds $338,832 State Funds $338,832 State General Funds $338,832 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $334,562 $334,562 Realign the program and sub-program structure within $0 $0 the Department of Human Resources 5862 JOURNAL OF THE HOUSE Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act $160 $400 $3,360 $350 $338,832 $160 $400 $3,360 $350 $338,832 Children's Trust Fund Commission To support the establishment of community-based educational and service programs designed to reduce the occurrence of child abuse and neglect. Total Funds $7,494,828 Federal and Other Funds $250,000 Temporary Assistance for Needy Families Block Grant $250,000 State Funds $7,244,828 State General Funds $7,244,828 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,932,873 $6,932,873 Transfer base budget funding of Child Advocacy Centers from the Family Violence Services program. $300,000 $300,000 Provide TANF funds in the Child Welfare Services program for Child Advocacy Centers to help reduce trauma to victims of sexual abuse and increase prosecutions of perpetrators. (CC:Transfered from $0 $250,000 Child Welfare) Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $1,853 $1,853 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $4,633 $4,633 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $5,002 $5,002 THURSDAY, MARCH 30, 2006 5863 Increase funds to reflect an adjustment in the Workers' Compensation premiums. Replace tobacco funds with state general funds. Amount appropriated in this Act $467 $0 $7,244,828 $467 $0 $7,494,828 Council on Aging 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 $174,761 State Funds $174,761 State General Funds $174,761 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $148,951 $148,951 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $960 $960 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $2,400 $2,400 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $2,450 $2,450 Provide additional operating expenses for the Georgia Council on Aging. $20,000 $20,000 Amount appropriated in this Act $174,761 $174,761 Developmental Disabilities, Council on To promote quality services and support for people with developmental disabilities and their families. Total Funds $2,291,707 Federal and Other Funds $2,262,002 Federal Funds Not specifically Identified $2,262,002 State Funds $29,705 State General Funds $29,705 5864 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $29,241 $2,277,634 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $82 $82 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $205 $205 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $177 $13,786 Amount appropriated in this Act $29,705 $2,291,707 Family Connection To provide a statewide network of county collaboratives that work to improve conditions for children and families. Total Funds $10,862,572 Federal and Other Funds $1,475,000 Temporary Assistance for Needy Families Block Grant $1,200,000 Medical Assistance Program $275,000 State Funds $9,387,572 State General Funds $9,387,572 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,130,281 $10,605,281 Realign the program and sub-program structure within $0 $0 the Department of Human Resources Annualize the cost of the FY2006 salary adjustment. $1,447 $1,447 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $3,618 $3,618 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $2,226 $2,226 Provide evaluation and technical assistance funding to Family Connection Partnership. $250,000 $250,000 THURSDAY, MARCH 30, 2006 5865 Classify Medicaid funding. Amount appropriated in this Act $0 $9,387,572 $0 $10,862,572 Assistance to Disabled Children To provide for reimbursements for health care services delivered after April 1, 2006 for children who qualify under the Social Security Income clinically eligible criteria but not the income eligibility criteria and not covered by any other government program. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Provide $7,600,000 one-time state appropriated funds $0 $0 authorizing DHR to select a fiscal intermediary to establish an independently operated Foundation who will determine the vehicle for distributing the funds, HB 1026. Amount appropriated in this Act $0 $0 Section 28: Insurance, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers $18,738,528 $1,051,787 $954,555 $81,945 $15,287 $17,686,741 $17,686,741 $0 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 $2,295,936 State Funds $2,295,936 State General Funds $2,295,936 The above amounts include the following adjustments, additions, and deletions to the 5866 JOURNAL OF THE HOUSE previous appropriation act: Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act State Funds $2,203,831 $32,401 $18,271 Total Funds $2,203,831 $32,401 $18,271 $2,717 $2,717 $36,547 $36,547 $2,169 $2,169 $2,295,936 $2,295,936 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 $812,230 State Funds $812,230 State General Funds $812,230 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $767,482 $767,482 Annualize the cost of the FY2006 salary adjustment. $15,000 $15,000 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $6,131 $6,131 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $10,625 $10,625 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $12,264 $12,264 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $728 $728 Amount appropriated in this Act $812,230 $812,230 THURSDAY, MARCH 30, 2006 5867 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 $6,186,518 Federal and Other Funds $1,051,787 Federal Funds Not specifically Identified $954,555 Agency Funds $81,945 Other Funds $15,287 State Funds $5,134,731 State General Funds $5,134,731 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,955,173 $5,991,673 Annualize the cost of the FY2006 salary adjustment. $32,401 $32,401 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $39,232 $39,232 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $0 $0 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $22,224 $22,224 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $81,043 $96,330 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,658 $4,658 Amount appropriated in this Act $5,134,731 $6,186,518 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 $723,126 State Funds $723,126 State General Funds $723,126 The above amounts include the following adjustments, additions, and deletions to the 5868 JOURNAL OF THE HOUSE previous appropriation act: Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act State Funds $688,827 $15,000 $5,479 Total Funds $688,827 $15,000 $5,479 $2,211 $2,211 $10,959 $10,959 $650 $723,126 $650 $723,126 Insurance Regulation The purpose is to ensure that licensed insurance entities maintain solvency, comply with state law and adopted rules, regulations and standards. Total Funds $5,617,954 State Funds $5,617,954 State General Funds $5,617,954 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,396,059 $5,396,059 Annualize the cost of the FY2006 salary adjustment. $32,401 $32,401 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $43,952 $43,952 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $52,407 $52,407 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $87,916 $87,916 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $5,219 $5,219 Amount appropriated in this Act $5,617,954 $5,617,954 THURSDAY, MARCH 30, 2006 5869 Special Fraud The purpose is to identify and take appropriate action to deter insurance fraud. Total Funds $3,102,764 State Funds $3,102,764 State General Funds $3,102,764 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,803,036 $2,803,036 Annualize the cost of the FY2006 salary adjustment. $2,400 $2,400 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $20,598 $20,598 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $36,121 $36,121 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $41,200 $41,200 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,445 $2,445 Increase funding for Special Fraud program. $196,964 $196,964 Amount appropriated in this Act $3,102,764 $3,102,764 Section 29: Investigation, Georgia Bureau of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers $100,652,789 $34,771,198 $29,883,487 $4,887,711 $65,881,591 $65,881,591 $0 Administration 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 $9,642,323 Federal and Other Funds $8,246 5870 JOURNAL OF THE HOUSE Federal Funds Not specifically Identified Agency Funds State Funds State General Funds $6,812 $1,434 $9,634,077 $9,634,077 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,463,895 $9,470,707 Annualize the cost of the FY2006 salary adjustment. $33,193 $33,193 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $55,802 $55,802 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $73,254 $74,688 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $7,933 $7,933 Amount appropriated in this Act $9,634,077 $9,642,323 Centralized Scientific Services To provide analysis of illicit and licit drugs, unknown substances and fire debris evidence. Total Funds $12,609,152 Federal and Other Funds $3,601 Agency Funds $3,601 State Funds $12,605,551 State General Funds $12,605,551 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $12,160,701 $12,160,701 Annualize the cost of the FY2006 salary adjustment. $104,805 $104,805 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $136,667 $136,667 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from $183,948 $187,549 THURSDAY, MARCH 30, 2006 5871 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Realign funds to meet projected expenditures by program. Amount appropriated in this Act $19,430 $19,430 $0 $0 $12,605,551 $12,609,152 Criminal Justice Information Services To provide fingerprint identification and processing of criminal history source documents to create and update criminal history records. Total Funds $9,761,238 Federal and Other Funds $2,604 Agency Funds $2,604 State Funds $9,758,634 State General Funds $9,758,634 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,252,470 $9,252,470 Annualize the cost of the FY2006 salary adjustment. $77,084 $77,084 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $97,882 $97,882 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $133,033 $135,637 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $13,915 $13,915 Provide funds to maintain the Uniform Crime Reporting (UCR) Unit. $184,250 $184,250 Realign funds to meet projected expenditures by program. $0 $0 Amount appropriated in this Act $9,758,634 $9,761,238 Georgia Information Sharing and Analysis Center (GISAC) 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. 5872 JOURNAL OF THE HOUSE Total Funds Federal and Other Funds Agency Funds State Funds State General Funds $818,653 $479 $479 $818,174 $818,174 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $775,258 $775,258 Annualize the cost of the FY2006 salary adjustment. $7,289 $7,289 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $9,775 $9,775 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $24,462 $24,941 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,390 $1,390 Amount appropriated in this Act $818,174 $818,653 Regional Forensic Services To provide pathology services to determine cause and manner of death. Total Funds Federal and Other Funds Agency Funds State Funds State General Funds $8,217,921 $2,255 $2,255 $8,215,666 $8,215,666 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,926,106 $7,926,106 Annualize the cost of the FY2006 salary adjustment. $73,967 $73,967 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $87,900 $87,900 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from $115,197 $117,452 THURSDAY, MARCH 30, 2006 5873 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act $12,496 $8,215,666 $12,496 $8,217,921 Regional Investigative Services To identify, collect, preserve and process evidence located during crime scene examinations. Total Funds $21,163,563 Federal and Other Funds $204,482 Agency Funds $204,482 State Funds $20,959,081 State General Funds $20,959,081 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $19,213,518 $19,213,518 Annualize the cost of the FY2006 salary adjustment. $171,379 $171,379 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $225,494 $225,494 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $306,447 $312,446 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $32,057 $32,057 Replace state funds for applicant polygraph testing in the ($198,483) $0 Polygraph Unit with revenues generated from fee-for- service collections. Establish the Meth Force to investigate methamphetamine-related crimes by funding an agent school to fill 15 agent vacancies and associated operating expenses. $1,018,090 $1,018,090 Realign funds to meet projected expenditures by program. $0 $0 Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement personnel: $190,579 $190,579 5874 JOURNAL OF THE HOUSE Special Agent 3. (CC:Add Special Agent 1, Special Agent 2, ASAC/Multi-Jurisdictional Task Force, and Narcotics Agents) Amount appropriated in this Act $20,959,081 $21,163,563 State Healthcare Fraud Unit To identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. Total Funds $1,124,508 Federal and Other Funds $387 Agency Funds $387 State Funds $1,124,121 State General Funds $1,124,121 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,092,276 $1,092,276 Annualize the cost of the FY2006 salary adjustment. $4,191 $4,191 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $6,887 $6,887 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $19,788 $20,175 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $979 $979 Amount appropriated in this Act $1,124,121 $1,124,508 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 $699,354 Federal and Other Funds $200 Agency Funds $200 State Funds $699,154 State General Funds $699,154 THURSDAY, MARCH 30, 2006 5875 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $673,951 $673,951 Annualize the cost of the FY2006 salary adjustment. $6,116 $6,116 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $7,782 $7,782 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $10,199 $10,399 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,106 $1,106 Amount appropriated in this Act $699,154 $699,354 Task Forces To provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. Total Funds $984,053 Federal and Other Funds $376 Agency Funds $376 State Funds $983,677 State General Funds $983,677 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,033,347 $1,033,347 Annualize the cost of the FY2006 salary adjustment. $7,092 $7,092 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $13,915 $13,915 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $19,222 $19,598 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,978 $1,978 Eliminate the High-Intensity Drug Trafficking Area (HIDTA) program, including 2 positions, which duplicates existing local government efforts. ($91,877) ($91,877) 5876 JOURNAL OF THE HOUSE Amount appropriated in this Act $983,677 $984,053 The following appropriations are for agencies attached for administrative purposes. Criminal Justice Coordinating Council To improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities and to award grants from Local Law Enforcement and Firefighter Fund. Total Funds $35,632,024 Federal and Other Funds $34,548,568 Federal Funds Not specifically Identified $29,876,675 Agency Funds $4,671,893 State Funds $1,083,456 State General Funds $1,083,456 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $818,629 $35,366,742 Establish a DUI Court grant program to reduce repeat drunk driving offenses. $0 $0 Annualize the cost of the FY2006 salary adjustment. $3,833 $3,833 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $4,500 $4,500 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $23,205 $23,660 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $544 $544 Increase personal services and operating funds to leverage Federal grant money to be administered in the State. $32,745 $32,745 Establish a Local Law Enforcement and Fire Protection Grants program to assist local governments. $200,000 $200,000 Amount appropriated in this Act $1,083,456 $35,632,024 THURSDAY, MARCH 30, 2006 5877 Section 30: Juvenile Justice, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers $319,020,177 $21,313,066 $2,893,133 $18,370,971 $48,962 $297,707,111 $297,707,111 $0 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 $28,573,319 Federal and Other Funds $202,552 Agency Funds $198,219 Other Funds $4,333 State Funds $28,370,767 State General Funds $28,370,767 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $26,168,662 $26,366,881 Annualize the cost of the FY2006 salary adjustment. $160,985 $160,985 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $196,066 $196,066 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $282,603 $286,936 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $41,052 $41,052 Transfer contract inflation adjustment and other funds from Community Non-Secure Services ($468,733) and Secure Commitment ($58,011) to Administration ($177,557) and Secure Detention ($349,187) to reflect $177,557 $177,557 5878 JOURNAL OF THE HOUSE actual program expenditures. (CC:YES) Add 12 Facility-Based Investigations staff to satisfy timeliness requirements for incident investigations. Provide additional funds for utilities ($315,539) and other supplies and materials ($373,022) to cover the costs of inflation and projected shortfalls. (CC:YES) Reduce Administration program costs to realize efficiencies in per diem and fees ($100,000) and personal services ($200,000). Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following positions: Juvenile Correction Officer 1 and Juvenile Correction Officer 2. Amount appropriated in this Act $499,524 $0 ($300,000) $1,144,318 $28,370,767 $499,524 $0 ($300,000) $1,144,318 $28,573,319 Community 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 communitybased residential placement or services for committed youth. Total Funds $57,060,707 Federal and Other Funds $10,003,139 Agency Funds $10,002,619 Other Funds $520 State Funds $47,057,568 State General Funds $47,057,568 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Annualize the cost of the FY2006 salary adjustment. ($16,111) ($16,111) Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $23,574 $23,574 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $33,980 $34,500 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,937 $4,937 THURSDAY, MARCH 30, 2006 5879 Transfer contract inflation adjustment and other funds from Community Non-Secure Services ($468,733) and Secure Commitment ($58,011) to Administration ($177,557) and Secure Detention ($349,187) to reflect actual program expenditures. (CC:YES) Reduce the costs of part-time positions, excluding mission critical positions in medical, education and behavioral health. Reflect savings in contract costs due to the closure of beds at the Department of Human Resource's West Central Regional Hospital ($307,541) and Northwest Regional Hospital ($157,000). Provide funding for additional contract staff in the Tracking program to allow for statewide monitoring of youth in community settings. Reduce 15 Short-Term Intermediate Intervention Program beds by utilizing existing capacity at the Augusta YDC facility and reducing contract costs. Increase Multi-Systemic Therapy services by providing 30 additional slots, serving an additional 120 youth. Provide additional Wrap-Around program services to reduce out of home placements and provide stabilization services following placement in a community setting. To condense Non-Secure Commitment ($38,464,748) and Non-Secure Detention ($9,088,116) into Community Non-Secure Services. Amount appropriated in this Act ($468,733) ($13,768) ($464,541) $737,154 ($1,314,000) $582,212 $400,000 $47,552,864 $47,057,568 ($468,733) ($13,768) ($464,541) $737,154 ($1,314,000) $582,212 $400,000 $57,555,483 $57,060,707 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 $45,584,266 Federal and Other Funds $4,354,901 Agency Funds $4,347,003 Other Funds $7,898 State Funds $41,229,365 State General Funds $41,229,365 The above amounts include the following adjustments, additions, and deletions to the 5880 JOURNAL OF THE HOUSE previous appropriation act: Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Transfer contract inflation adjustment and other funds from Community Non-Secure Services ($468,733) and Secure Commitment ($58,011) to Administration ($177,557) and Secure Detention ($349,187) to reflect actual program expenditures. (CC:YES) Reduce the costs of part-time positions, excluding mission critical positions in medical, education and behavioral health. Provide additional funds for utilities ($315,539) and other supplies and materials ($373,022) to cover the costs of inflation and projected shortfalls. (CC:YES) Add 67 Juvenile Probation and Parole Specialist positions to improve community-based services and reduce caseloads. Expand the Intensive Supervision Program by providing 30 additional staff to offer increased monitoring and rehabilitative services to youth placed in community settings. Amount appropriated in this Act State Funds $36,202,265 $333,279 $357,385 $515,123 $74,828 $0 ($74,514) $0 $3,214,336 $606,663 $41,229,365 Total Funds $40,549,268 $333,279 $357,385 $523,021 $74,828 $0 ($74,514) $0 $3,214,336 $606,663 $45,584,266 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 $89,502,799 Federal and Other Funds $3,366,696 Federal Funds Not specifically Identified $1,032,056 Agency Funds $2,319,170 Other Funds $15,470 THURSDAY, MARCH 30, 2006 5881 State Funds State General Funds $86,136,103 $86,136,103 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $83,766,215 $87,117,441 Annualize the cost of the FY2006 salary adjustment. $716,607 $716,607 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $700,062 $700,062 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $1,009,049 $1,024,519 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $146,577 $146,577 Transfer contract inflation adjustment and other funds from Community Non-Secure Services ($468,733) and Secure Commitment ($58,011) to Administration ($177,557) and Secure Detention ($349,187) to reflect actual program expenditures. (CC:YES) ($58,011) ($58,011) Reduce the costs of part-time positions, excluding mission critical positions in medical, education and behavioral health. ($144,396) ($144,396) Convert 11 part-time dental positions to 4 fill-time dentists, 5 full-time dental assistants and 2 full-time hygienists to satisfy current need for dental services. $0 $0 (CC:YES) Convert 16 part-time Medical Clerk positions to 16 full- $0 $0 time staff to improve medical records maintenance. (CC:YES) Provide additional funds for utilities ($315,539) and other $0 $0 supplies and materials ($373,022) to cover the costs of inflation and projected shortfalls. (CC:YES) Amount appropriated in this Act $86,136,103 $89,502,799 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 $95,037,139 5882 JOURNAL OF THE HOUSE Federal and Other Funds Agency Funds Other Funds State Funds State General Funds $1,524,701 $1,503,960 $20,741 $93,512,438 $93,512,438 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $89,536,547 $91,040,507 Annualize the cost of the FY2006 salary adjustment. $717,318 $717,318 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $938,570 $938,570 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $1,352,826 $1,373,567 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $196,515 $196,515 Reduce the costs of part-time positions, excluding mission critical positions in medical, education and behavioral health. ($278,525) ($278,525) Transfer contract inflation adjustment and other funds from Community Non-Secure Services ($468,733) and Secure Commitment ($58,011) to Administration ($177,557) and Secure Detention ($349,187) to reflect actual program expenditures. (CC:YES) $349,187 $349,187 Convert 11 part-time dental positions to 4 fill-time dentists, 5 full-time dental assistants and 2 full-time hygienists to satisfy current need for dental services. $0 $0 (CC:YES) Convert 16 part-time Medical Clerk positions to 16 full- $0 $0 time staff to improve medical records maintenance. (CC:YES) Provide additional funds for utilities ($315,539) and other $0 $0 supplies and materials ($373,022) to cover the costs of inflation and projected shortfalls. (CC:YES) Provide funding for preventative maintenance contract. $700,000 $700,000 Amount appropriated in this Act $93,512,438 $95,037,139 THURSDAY, MARCH 30, 2006 5883 The following appropriations are for agencies attached for administrative purposes. Children and Youth Coordinating Council The purpose is to assist local communities in preventing and reducing juvenile delinquency. Total Funds $3,261,947 Federal and Other Funds $1,861,077 Federal Funds Not specifically Identified $1,861,077 State Funds $1,400,870 State General Funds $1,400,870 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,337,914 $3,198,914 Annualize the cost of the FY 2006 salary adjustment ($3,748) and provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007 ($3,474). $7,222 $7,299 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan premiums from 14.20% to 16.71%. $5,007 $5,007 Increase funds to reflect an adjustment in the workers' compensation premiums. $727 $727 Offset loss of federal funds. $50,000 $50,000 Amount appropriated in this Act $1,400,870 $3,261,947 Section 31: Labor, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Temporary Assistance for Needy Families Block Grant State Funds State General Funds Intra-State Government Transfers $352,724,488 $301,066,864 $260,726,953 $30,339,911 $10,000,000 $51,657,624 $51,657,624 $0 5884 JOURNAL OF THE HOUSE 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. Administration - Department of Labor To work with public and private partners in building a world-class workforce system that contributes to Georgia's economic prosperity. Total Funds $13,828,687 Federal and Other Funds $10,607,019 Federal Funds Not specifically Identified $10,607,019 State Funds $3,221,668 State General Funds $3,221,668 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,236,310 $14,095,619 Annualize the cost of the FY2006 salary adjustment. $10,658 $10,658 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $12,752 $12,752 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $17,915 $17,915 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $16,095 $16,095 Reduce personal services in the Labor Administration program. ($14,035) ($14,035) Reduce operating costs in Labor Administration. ($58,027) ($310,318) Adjust funding level. $0 $1 Amount appropriated in this Act $3,221,668 $13,828,687 THURSDAY, MARCH 30, 2006 5885 Administration - Division of Rehabilitation To help people with disabilities to become fully productive members of society by achieving independence and meaningful employment. Total Funds $3,518,770 Federal and Other Funds $1,383,518 Federal Funds Not specifically Identified $1,383,518 State Funds $2,135,252 State General Funds $2,135,252 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,167,612 $3,649,480 Annualize the cost of the FY2006 salary adjustment. $4,905 $4,905 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $5,662 $5,662 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $7,954 $7,954 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $7,146 $7,146 Reduce contracts ($13,760), Special Purpose Contracts $0 $0 ($19,084) and Purchase of Service contracts ($83,210) by 2% within the Rehabilitation Services Division. Reduce operating costs in administration for the Division of Rehabilitation Services. ($58,027) ($156,377) Amount appropriated in this Act $2,135,252 $3,518,770 Business Enterprise Program To assist people who are blind in becoming successful contributors to the state's economy. Total Funds $1,736,387 Federal and Other Funds $1,316,085 Federal Funds Not specifically Identified $1,316,085 State Funds $420,302 State General Funds $420,302 5886 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $339,720 $1,655,805 Annualize the cost of the FY2006 salary adjustment. $1,215 $1,215 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $918 $918 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $1,290 $1,290 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,159 $1,159 Provide 2 positions and funding for the Business Enterprise Program. $76,000 $76,000 Amount appropriated in this Act $420,302 $1,736,387 Commission on Women 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 Disability Adjudication Section To efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. Total Funds $55,598,820 Federal and Other Funds $55,598,820 Federal Funds Not specifically Identified $55,598,820 Georgia Industries for the Blind To employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. Total Funds $11,809,509 Federal and Other Funds $11,099,375 Agency Funds $11,099,375 State Funds $710,134 State General Funds $710,134 THURSDAY, MARCH 30, 2006 5887 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $692,348 $11,791,723 Annualize the cost of the FY2006 salary adjustment. $4,717 $4,717 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $3,564 $3,564 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $5,007 $5,007 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,498 $4,498 Amount appropriated in this Act $710,134 $11,809,509 Labor Market Information To collect, analyze and publish a wide array of information about the state's labor market. Total Funds $2,932,226 Federal and Other Funds $2,249,873 Federal Funds Not specifically Identified $2,249,873 State Funds $682,353 State General Funds $682,353 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $671,271 $2,921,144 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $3,022 $3,022 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $4,245 $4,245 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $3,815 $3,815 Amount appropriated in this Act $682,353 $2,932,226 5888 JOURNAL OF THE HOUSE Roosevelt Warm Springs Institute To empower individuals with disabilities to achieve personal independence. Total Funds $31,166,123 Federal and Other Funds $24,667,489 Federal Funds Not specifically Identified $6,233,169 Agency Funds $18,434,320 State Funds $6,498,634 State General Funds $6,498,634 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,662,908 $31,330,398 Annualize the cost of the FY2006 salary adjustment. $34,100 $34,100 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $23,369 $23,369 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $32,831 $32,831 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $29,495 $29,495 Reduce contracts ($13,760), Special Purpose Contracts $0 $0 ($19,084) and Purchase of Service contracts ($83,210) by 2% within the Rehabilitation Services Division. Transfer the American Association of Adapted Sports Programs contract to the Department of Human Resources. ($284,069) ($284,069) Adjust funding level. $0 ($1) Amount appropriated in this Act $6,498,634 $31,166,123 Safety Inspections To promote and protect public safety, to provide training and information on workplace exposure to hazardous chemicals, and to promote industrial safety. Total Funds $2,870,331 Federal and Other Funds $168,552 Federal Funds Not specifically Identified $168,552 State Funds $2,701,779 THURSDAY, MARCH 30, 2006 5889 State General Funds $2,701,779 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,664,002 $2,832,554 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $10,302 $10,302 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $14,473 $14,473 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $13,002 $13,002 Amount appropriated in this Act $2,701,779 $2,870,331 Unemployment Insurance To enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's employers and distributing unemployment benefits to eligible claimants. Total Funds $46,823,669 Federal and Other Funds $36,610,816 Federal Funds Not specifically Identified $36,610,816 State Funds $10,212,853 State General Funds $10,212,853 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $10,056,056 $46,666,872 Annualize the cost of the FY2006 salary adjustment. $4,707 $4,707 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $41,475 $41,475 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $58,268 $58,268 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $52,347 $52,347 Amount appropriated in this Act $10,212,853 $46,823,669 5890 JOURNAL OF THE HOUSE Vocational Rehabilitation Program To assist people with disabilities so that they may go to work. Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Temporary Assistance for Needy Families Block Grant State Funds State General Funds $86,078,746 $68,851,140 $66,344,924 $806,216 $1,700,000 $17,227,606 $17,227,606 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $16,784,521 $86,435,661 Annualize the cost of the FY2006 salary adjustment. $59,568 $59,568 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $32,612 $32,612 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $45,816 $45,816 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $41,161 $41,161 Reduce contracts ($13,760), Special Purpose Contracts $0 $0 ($19,084) and Purchase of Service contracts ($83,210) by 2% within the Rehabilitation Services Division. Reduce TANF funding. $0 ($800,000) Provide funding for Assistive Technology Centers and Reboot. $30,000 $30,000 Provide additional funds Middle Georgia Center for Independent Living, Inc. $20,000 $20,000 Provide funds for the Georgia Association of Training, Employment and Supports (GATES). $100,000 $100,000 Increase funding for the Center for the Visually Impaired. $5,000 $5,000 Increase funding for the Georgia Radio Reading Service. $58,928 $58,928 Increase SHARE funding to operate a new program, DEAR. $50,000 $50,000 Recognize $2,500,000 in TANF funding from DHR. $0 $0 THURSDAY, MARCH 30, 2006 5891 Amount appropriated in this Act $17,227,606 $86,078,746 Workforce Development To assist employers and job seekers with job matching services and to promote economic growth and development. Total Funds $96,268,048 Federal and Other Funds $88,514,177 Federal Funds Not specifically Identified $80,214,177 Temporary Assistance for Needy Families Block Grant $8,300,000 State Funds $7,753,871 State General Funds $7,753,871 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,642,713 $98,258,108 Annualize the cost of the FY2006 salary adjustment. $2,844 $2,844 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $29,537 $29,537 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $41,497 $41,497 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $37,280 $37,280 Recognize $10,401,218 in TANF funding from DHR. $0 $0 Decrease funding for GoodWorks and job placement program. $0 ($2,101,218) Amount appropriated in this Act $7,753,871 $96,268,048 Section 32: Law, Department of Total Funds Federal and Other Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $36,496,779 $24,817 $24,817 $14,670,539 $14,670,539 $21,801,423 $21,801,423 5892 JOURNAL OF THE HOUSE Law 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 $36,496,779 Federal and Other Funds $24,817 Other Funds $24,817 State Funds $14,670,539 State General Funds $14,670,539 Intra-State Government Transfers $21,801,423 Other Intra-State Government Payments $21,801,423 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $13,659,592 $35,461,015 Annualize the cost of the FY2006 salary adjustment. $127,303 $127,303 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $395,883 $395,883 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $168,756 $168,756 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $285,674 $316,326 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $8,848 $8,848 Increase real estate rentals to meet contractual commitments. $24,483 $24,483 Reduce other funds in equipment. $0 ($5,835) Add funds to properly reflect operating budget represented in HB1026. $0 $0 Amount appropriated in this Act $14,670,539 $36,496,779 Section 33: State Merit System of Personnel Administration Total Funds Federal and Other Funds Other Funds State Funds $14,520,114 $909,945 $909,945 $0 THURSDAY, MARCH 30, 2006 5893 Intra-State Government Transfers Other Intra-State Government Payments $13,610,169 $13,610,169 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. Administration The purpose is to provide administrative and technical support to the agency. Total Funds $5,063,325 Federal and Other Funds $846,068 Other Funds $846,068 Intra-State Government Transfers $4,217,257 Other Intra-State Government Payments $4,217,257 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $4,217,257 Annualize the cost of the FY2006 salary adjustment. $0 $25,867 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $0 $39,858 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $74,311 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $3,728 Redistribute operating expenses from Total Compensation and Rewards ($464,686) and Recruitment and Staffing Services ($207,078) to Administration ($607,355) and Workforce Development and Alignment ($64,409) to more appropriately capture expenditures. $0 $607,355 Reduce regular operating expenses. $0 ($52,911) Increase payments to State Treasury. $0 $750,000 Properly align fund sources. $0 ($602,140) Amount appropriated in this Act $0 $5,063,325 5894 JOURNAL OF THE HOUSE Recruitment and Staffing Services The purpose is to provide a central point of contact for the general public. Total Funds Intra-State Government Transfers Other Intra-State Government Payments $1,321,434 $1,321,434 $1,321,434 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $1,321,434 Annualize the cost of the FY2006 salary adjustment. $0 $10,640 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $0 $15,401 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $28,712 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $1,440 Redistribute operating expenses from Total Compensation and Rewards ($464,686) and Recruitment and Staffing Services ($207,078) to Administration ($607,355) and Workforce Development and Alignment ($64,409) to more appropriately capture expenditures. $0 ($207,078) Reduce regular operating expenses. $0 ($5,500) Properly align fund sources. $0 $156,385 Amount appropriated in this Act $0 $1,321,434 Total Compensation and Rewards The purpose is to ensure fair and consistent employee compensation practices across state agencies. Total Funds $4,566,259 Intra-State Government Transfers $4,566,259 Other Intra-State Government Payments $4,566,259 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 30, 2006 5895 Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Reduce regular operating expenses. Redistribute operating expenses from Total Compensation and Rewards ($464,686) and Recruitment and Staffing Services ($207,078) to Administration ($607,355) and Workforce Development and Alignment ($64,409) to more appropriately capture expenditures. Reduce personal services by eliminating 2 positions from Total Compensation and Rewards. Properly align fund sources. Amount appropriated in this Act State Funds $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Funds $4,566,259 $30,384 $25,974 $48,425 $2,429 ($4,000) ($464,686) ($84,281) $445,755 $4,566,259 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 $3,569,096 Federal and Other Funds $63,877 Other Funds $63,877 Intra-State Government Transfers $3,505,219 Other Intra-State Government Payments $3,505,219 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $3,505,219 Annualize the cost of the FY2006 salary adjustment. $0 $25,517 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $0 $13,329 Increase funds to reflect an adjustment in the employer $0 $24,851 5896 JOURNAL OF THE HOUSE share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Reduce contracts to eliminate funding for state orientation video. Reduce per diem and fees. Reduce regular operating expenses. Redistribute operating expenses from Total Compensation and Rewards ($464,686) and Recruitment and Staffing Services ($207,078) to Administration ($607,355) and Workforce Development and Alignment ($64,409) to more appropriately capture expenditures. Amount appropriated in this Act $0 $1,247 $0 ($15,000) $0 ($37,976) $0 ($12,500) $0 $64,409 $0 $3,569,096 Section 34: Natural Resources, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $204,616,429 $94,995,280 $69,004,269 $22,833,982 $3,157,029 $109,547,299 $109,547,299 $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 $665,966 for year 17 of 20 years; last payment being made June 15th, 2010, Jekyll Island State Park Authority - $260,844 for year 18 of 20 years; last payment being made June 15th, 2009, Jekyll Island Convention Center and Golf Course - $679,346 for year 13 of 20 years; last payment being made June 15th, 2014 and North Georgia Mountains Authority - $1,434,982 for year 13 of 20 years; last payment THURSDAY, MARCH 30, 2006 5897 being made June 15th, 2014. Administration The purpose of the program is to provide administrative support for all programs of the department. Total Funds $10,112,871 Federal and Other Funds $53,814 Federal Funds Not specifically Identified $53,814 State Funds $10,059,057 State General Funds $10,059,057 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,368,088 $9,421,902 Annualize the cost of the FY2006 salary adjustment. $63,575 $63,575 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $115,903 $115,903 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $22,803 $22,803 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $169,643 $169,643 Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums. $56,553 $56,553 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $26,382 $26,382 Realign programs to properly reflect FY 2007 expenditures by transferring funds to Administration ($232,360) and Land Conservation ($27,000) from Parks, Recreation and Historic Sites ($2,284) and Wildlife Resources ($257,076). (CC:YES) $232,360 $232,360 Add 1 position and operating funds for opening a new interpretive center and museum at Sweetwater Creek State Park. $3,750 $3,750 Amount appropriated in this Act $10,059,057 $10,112,871 5898 JOURNAL OF THE HOUSE 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 $2,891,480 Federal and Other Funds $170,862 Federal Funds Not specifically Identified $170,862 State Funds $2,720,618 State General Funds $2,720,618 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,323,120 $2,493,982 Annualize the cost of the FY2006 salary adjustment. $17,938 $17,938 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $29,883 $29,883 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $43,739 $43,739 Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums. $15,211 $15,211 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $6,802 $6,802 Enhance water quality sampling efforts by increasing contract funds and adding 1 position in Coastal Resources in order to meet stricter water quality standards on Georgia's coast. $53,925 $53,925 Provide funds for Tybee Island beach restoration project. $0 $0 (CC:Bonds.) Provide funding for the cooperative service agreement with the University of Georgia Fanning Institute of Leadership to develop standards for permitting of marinas and community docks. $50,000 $50,000 Provide funds for sunken boats to correct HB1026 increase in the Solid Waste Trust Fund. $180,000 $180,000 Amount appropriated in this Act $2,720,618 $2,891,480 THURSDAY, MARCH 30, 2006 5899 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 $87,641,820 Federal and Other Funds $60,109,698 Federal Funds Not specifically Identified $53,312,141 Agency Funds $309,758 Other Funds $6,487,799 State Funds $27,532,122 State General Funds $27,532,122 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $26,207,788 $86,317,486 Annualize the cost of the FY2006 salary adjustment. $286,302 $286,302 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $360,290 $360,290 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $204,196 $204,196 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $527,348 $527,348 Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums. $243,190 $243,190 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $82,008 $82,008 Remove undesignated object classes and fund sources to $0 $0 properly reflect expenditures (Total Funds $59,507,514). Reduce contract funds with the Soil and Water Conservation Commission to reflect the cyclical needs of the Erosion and Sedimentation Certification program. ($300,000) ($300,000) Enhance water modeling and monitoring in the Environmental Protection program. $400,000 $400,000 Increase funding for the Solid Waste Trust Fund from $1.5 million to $6.5 million. $0 $0 5900 JOURNAL OF THE HOUSE Add 8 positions for erosion and sedimentation control in Environmental Protection to increase the number of inspections in high growth areas. Eliminate contract funds in Environmental Protection for a coastal groundwater study that will be completed in FY 2006. Reduce contract with the Department of Agriculture to provide gasoline samples and analysis for the Gasoline Marketing Rule. (CC:Gasoline samples only.) Amount appropriated in this Act $0 ($390,000) ($89,000) $27,532,122 $0 ($390,000) ($89,000) $87,641,820 Hazardous Waste Trust Fund Investigate and clean up abandoned hazardous sites. Total Funds Federal and Other Funds Federal Funds Not specifically Identified State Funds State General Funds $7,673,850 $73,850 $73,850 $7,600,000 $7,600,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,600,000 $7,673,850 Amount appropriated in this Act $7,600,000 $7,673,850 Historic Preservation The purpose is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations. Total Funds $2,546,111 Federal and Other Funds $544,351 Federal Funds Not specifically Identified $544,351 State Funds $2,001,760 State General Funds $2,001,760 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 30, 2006 5901 Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Reduce the number of contracted historic planners from 14 to 12 based on state service delivery regions. Remove University of Georgia contract to computerize new site files and ongoing maintenance and database management of the statewide computerized archaeological site file. Amount appropriated in this Act State Funds $1,904,709 $13,500 $25,044 Total Funds $2,449,060 $13,500 $25,044 $18,641 $18,641 $36,656 $36,656 $12,510 $5,700 $0 ($15,000) $12,510 $5,700 $0 ($15,000) $2,001,760 $2,546,111 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 $466,380 State Funds $466,380 State General Funds $466,380 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $415,605 $415,605 Annualize the cost of the FY2006 salary adjustment. $1,902 $1,902 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $5,686 $5,686 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $3,998 $3,998 5902 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Realign programs to properly reflect FY 2007 expenditures by transferring funds to Administration ($232,360) and Land Conservation ($27,000) from Parks, Recreation and Historic Sites ($2,284) and Wildlife Resources ($257,076). (CC:YES) Amount appropriated in this Act $8,323 $2,572 $1,294 $27,000 $466,380 $8,323 $2,572 $1,294 $27,000 $466,380 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 $39,982,012 Federal and Other Funds $20,840,974 Federal Funds Not specifically Identified $2,861,092 Agency Funds $18,635,848 Other Funds ($655,966) State Funds $19,141,038 State General Funds $19,141,038 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $17,234,816 $38,741,756 Annualize the cost of the FY2006 salary adjustment. $138,246 $138,246 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $226,966 $226,966 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $9,659 $9,659 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $332,205 $332,205 THURSDAY, MARCH 30, 2006 5903 Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Replace payments from the Lake Lanier Islands Development Authority with state general funds. Add 1 position and operating funds for opening a new interpretive center and museum at Sweetwater Creek State Park. Realign programs to properly reflect FY 2007 expenditures by transferring funds to Administration ($232,360) and Land Conservation ($27,000) from Parks, Recreation and Historic Sites ($2,284) and Wildlife Resources ($257,076). (CC:YES) Provide 3% enhancement for Conservation Rangers and Conservation Rangers First Class. Provide funding for Historic Markers. Provide funds for the schematic design of the Georgia Trail exhibit and the new animal hospital at Zoo Atlanta. Amount appropriated in this Act $187,068 $51,661 $665,966 $180,250 ($2,284) $66,485 $50,000 $0 $19,141,038 $187,068 $51,661 $0 $180,250 ($2,284) $66,485 $50,000 $0 $39,982,012 Pollution Prevention Assistance The purpose is to reduce pollution by providing non-regulatory assistance. Total Funds Federal and Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $693,838 $603,913 $603,913 $16,075 $16,075 $73,850 $73,850 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $677,763 Annualize the cost of the FY2006 salary adjustment. $10,501 $10,501 Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums. $5,574 $5,574 5904 JOURNAL OF THE HOUSE Amount appropriated in this Act $16,075 $693,838 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 $6,000,000 State Funds $6,000,000 State General Funds $6,000,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,500,000 $1,500,000 Increase funding for the Solid Waste Trust program from $4,500,000 $1.5 million to $6.5 million. $4,500,000 Amount appropriated in this Act $6,000,000 $6,000,000 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 $43,139,896 Federal and Other Funds $12,265,605 Federal Funds Not specifically Identified $11,988,159 Agency Funds $2,952,250 Other Funds ($2,674,804) State Funds $30,874,291 State General Funds $30,874,291 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $28,915,612 $41,181,217 Annualize the cost of the FY2006 salary adjustment. $230,922 $230,922 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $446,068 $446,068 THURSDAY, MARCH 30, 2006 5905 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $7,405 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $652,899 Provide funds to correct a shortfall in funding for the employer share of State Health Benefit Plan premiums. $221,281 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $101,532 Realign programs to properly reflect FY 2007 expenditures by transferring funds to Administration ($232,360) and Land Conservation ($27,000) from Parks, Recreation and Historic Sites ($2,284) and Wildlife Resources ($257,076). (CC:YES) ($257,076) Eliminate 1 position and operating expenses for aquatic plant control of public and private waters. ($48,577) Fund operating costs for opening the Flat Creek public fishing area including 2 fishery technician positions and 2 motor vehicles. $218,225 Provide operating funds and add 6 positions for staffing the new conference facility and dining hall at the Charlie Elliott Wildlife Center. $200,000 Add 3 positions and operating funds to adequately address the management of flathead catfish in the Satilla River. $200,000 Remove contract with the University of Georgia Research Foundation to provide diagnostic services and wildlife disease advice and training to DNR wildlife personnel. ($14,000) Amount appropriated in this Act $30,874,291 $7,405 $652,899 $221,281 $101,532 ($257,076) ($48,577) $218,225 $200,000 $200,000 ($14,000) $43,139,896 The following appropriations are for agencies attached for administrative purposes. 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 $100,000 State Funds $100,000 5906 JOURNAL OF THE HOUSE State General Funds $100,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $50,000 $50,000 Annualize the cost of the FY2006 salary adjustment. $0 $0 Provide funds to preserve and protect Civil War Battlefields and cemeteries and other related historic sites across the state. (CC:One-time funding.) $50,000 $50,000 Amount appropriated in this Act $100,000 $100,000 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 $1,641,634 State Funds $1,641,634 State General Funds $1,641,634 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,601,868 $1,601,868 Annualize the cost of the FY2006 salary adjustment. $8,481 $8,481 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $11,000 $11,000 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $16,164 $16,164 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,121 $4,121 Amount appropriated in this Act $1,641,634 $1,641,634 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. THURSDAY, MARCH 30, 2006 5907 Total Funds State Funds State General Funds $872,211 $872,211 $872,211 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $820,514 $820,514 Annualize the cost of the FY2006 salary adjustment. $2,604 $2,604 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $6,000 $6,000 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $8,980 $8,980 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,293 $1,293 Increase repairs and maintenance funding for the historic village at Agrirama. $32,820 $32,820 Amount appropriated in this Act $872,211 $872,211 Georgia State Games Commission To improve the physical fitness of Georgians. Total Funds Federal and Other Funds Agency Funds State Funds State General Funds $382,362 $332,213 $332,213 $50,149 $50,149 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $50,149 $382,362 Eliminate state funds, 1 position and 4 motor vehicles. $0 $0 Amount appropriated in this Act $50,149 $382,362 Payments to Lake Allatoona Preservation Authority Total Funds $100,000 5908 JOURNAL OF THE HOUSE State Funds State General Funds $100,000 $100,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $100,000 $100,000 Eliminate one-time funding for shoreline restoration, educational programs, a watershed study and other projects. (CC:YES) $0 $0 Amount appropriated in this Act $100,000 $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 Federal and Other Funds State Funds State General Funds Intra-State Government Transfers $50,112,887 $0 $50,112,887 $50,112,887 $0 Administration To provide support for the agency. Total Funds State Funds State General Funds $4,891,864 $4,891,864 $4,891,864 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,326,255 $4,426,255 THURSDAY, MARCH 30, 2006 5909 Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Provide additional funding for utilities ($41,146), fuel ($168,361) and mileage reimbursement ($137,678). Align personal services funding to accurately align program delivery and personnel. (CC:YES) Eliminate one-time federal funding used for Parole Risk guidelines improvement. (CC:YES) Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement position(s): Parole Officer. (CC:Move $45,000 to Clemency and $220,818 to Parole Supervision) Amount appropriated in this Act $29,265 $25,043 $43,112 $42,563 $29,265 $25,043 $43,112 $42,563 $4,974 $20,652 $400,000 $0 $0 $4,974 $20,652 $400,000 ($100,000) $0 $4,891,864 $4,891,864 Clemency To investigate offenders when they enter the corrections system and make determinations about offender eligibility for parole. Total Funds $10,212,410 State Funds $10,212,410 State General Funds $10,212,410 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,769,111 $9,769,111 Annualize the cost of the FY2006 salary adjustment. $65,236 $65,236 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $95,064 $95,064 5910 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Increase regular operating funds ($50,000) to cover costs of records retention. (CC:YES) Provide additional funding for utilities ($41,146), fuel ($168,361) and mileage reimbursement ($137,678). Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement position(s): Parole Officer. (CC:Parole Officer & Parole Investigators) Amount appropriated in this Act $161,568 $161,568 $10,979 $50,000 $15,452 $45,000 $10,979 $50,000 $15,452 $45,000 $10,212,410 $10,212,410 Parole Supervision For transitioning offenders from prison back into the community as productive, law abiding citizens. Total Funds $34,476,952 State Funds $34,476,952 State General Funds $34,476,952 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $33,015,382 $33,015,382 Annualize the cost of the FY2006 salary adjustment. $212,102 $212,102 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $284,470 $284,470 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $62,518 $62,518 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $483,478 $483,478 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $37,103 $37,103 THURSDAY, MARCH 30, 2006 5911 Provide additional funding for utilities ($41,146), fuel ($168,361) and mileage reimbursement ($137,678). Align personal services funding to accurately align program delivery and personnel. (CC:YES) Increase regular operating funds ($50,000) to cover costs of records retention. (CC:YES) Provide additional funding for substance abuse assessment and treatment. Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement position(s): Parole Officer. (CC:Parole Officers & Parole Investigators) Amount appropriated in this Act $311,081 $311,081 ($400,000) ($400,000) ($50,000) ($50,000) $300,000 $300,000 $220,818 $220,818 $34,476,952 $34,476,952 Victims Services 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 $531,661 State Funds $531,661 State General Funds $531,661 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $516,467 $516,467 Annualize the cost of the FY2006 salary adjustment. $3,270 $3,270 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $4,202 $4,202 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $7,142 $7,142 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $580 $580 Amount appropriated in this Act $531,661 $531,661 5912 JOURNAL OF THE HOUSE Section 36: Properties Commission, State Total Funds Federal and Other Funds Other Funds State Funds Intra-State Government Transfers $5,876,661 $5,876,661 $5,876,661 $0 $0 Leasing To help state government meet its current need for office space and plan for future needs as business goals and operations change. Total Funds $402,655 Federal and Other Funds $402,655 Other Funds $402,655 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Annualize the cost of the FY2006 salary adjustment. $0 $3,362 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $0 $4,394 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $0 $3,606 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $18,390 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $1,412 Transfer the Space Management program ($371,491) and the Payments to GBA program ($2,331,288) from the Department of Administrative Services to the State Properties Commission (Other Funds: $2,702,779). $0 $371,491 Change the name from "Space Management" to "Leasing". (CC:YES) $0 $0 Amount appropriated in this Act $0 $402,655 THURSDAY, MARCH 30, 2006 5913 State Properties Commission 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 $588,425 Federal and Other Funds $588,425 Other Funds $588,425 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Annualize the cost of the FY2006 salary adjustment. $0 $6,107 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $0 $2,929 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $0 $7,634 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $0 $12,260 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $0 $942 Transfer the Space Management program ($371,491) and the Payments to GBA program ($2,331,288) from the Department of Administrative Services to the State Properties Commission (Other Funds: $2,702,779). $0 $558,553 Amount appropriated in this Act $0 $588,425 The following appropriations are for agencies attached for administrative purposes. Payments to Georgia Building Authority To purchase, erect and maintain buildings and other facilities to house agents and officials of the state government. Total Funds $4,885,581 Federal and Other Funds $4,885,581 Other Funds $4,885,581 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 5914 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Transfer the Space Management program ($371,491) and the Payments to GBA program ($2,331,288) from the Department of Administrative Services to the State Properties Commission (Other Funds: $2,702,779). Eliminate one time funding for the purchase of property around Capitol Hill (Other Funds: $1,150,000). Adjust agency rental rates to create a maintenance and repair fund in Facilities program (Other Funds: $3,000,000). Adjust annualizer to reflect updated projections (Other Funds: $2,246). Amount appropriated in this Act State Funds $0 $0 $0 Total Funds $0 $127,415 $86,044 $0 $457,908 $0 $35,172 $0 $2,331,288 $0 ($1,150,000) $0 $3,000,000 $0 ($2,246) $0 $4,885,581 Section 37: Public Safety, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $121,273,100 $14,559,906 $8,328,935 $1,634,073 $4,596,898 $103,561,759 $103,561,759 $3,151,435 $3,151,435 Administration To work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state. Total Funds $9,274,504 THURSDAY, MARCH 30, 2006 5915 State Funds State General Funds $9,274,504 $9,274,504 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,816,239 $9,816,239 Annualize the cost of the FY2006 salary adjustment. $45,740 $45,740 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $60,976 $60,976 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $88,616 $88,616 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $16,111 $16,111 Transfer 1 position and $30,000 in personal services from the Georgia Department of Revenue. $30,000 $30,000 Reduce personal services in the Administration program. ($373,178) ($373,178) Realign program budgets to meet projected expenditures. ($410,000) ($410,000) Amount appropriated in this Act $9,274,504 $9,274,504 Aviation 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 $2,365,895 State Funds $2,365,895 State General Funds $2,365,895 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,307,130 $2,307,130 Annualize the cost of the FY2006 salary adjustment. $11,804 $11,804 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $17,282 $17,282 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from $25,113 $25,113 5916 JOURNAL OF THE HOUSE 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act $4,566 $2,365,895 $4,566 $2,365,895 Capitol Police Services 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 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $3,151,435 Amount appropriated in this Act $0 $3,151,435 Executive Security Services 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 $1,392,354 State Funds $1,392,354 State General Funds $1,392,354 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,050,978 $1,050,978 Annualize the cost of the FY2006 salary adjustment. $10,328 $10,328 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $11,425 $11,425 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $16,604 $16,604 THURSDAY, MARCH 30, 2006 5917 Increase funds to reflect an adjustment in the Workers' Compensation premiums. Realign program budgets to meet projected expenditures. Amount appropriated in this Act $3,019 $300,000 $1,392,354 $3,019 $300,000 $1,392,354 Field Offices and Services To reduce drug trafficking in the State of Georgia by networking with other state, federal and local law enforcement agencies. Total Funds $64,394,317 State Funds $64,394,317 State General Funds $64,394,317 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $60,086,195 $60,086,195 Annualize the cost of the FY2006 salary adjustment. $548,385 $548,385 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $673,309 $673,309 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $978,504 $978,504 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $177,901 $177,901 Provide funds to implement a 10 Trooper Motorcycle unit located in the Metro Atlanta area. (CC:YES) $277,500 $277,500 Annualize the cost of two Trooper Schools. $703,060 $703,060 Provide a 3% salary adjustment, above the normal recommended salary adjustment, beginning January 1, 2007 for the following law enforcement positions: Trooper First Class, Lieutenant, Corporal, Sergeant, MCCD Corporal, and MCCD Sergeant. (CC:All positions identified by the House.) $597,473 $597,473 Fund 16 vacant DPS Post Secretary positions. (CC:10 $351,990 $351,990 Post Secretaries) Provide funds for two trooper schools, each with 50 initial candidates. (CC:Fund one school with 60 candidates.) $0 $0 5918 JOURNAL OF THE HOUSE Provide a 10% hazard pay supplement to SWAT team members. Amount appropriated in this Act $0 $0 $64,394,317 $64,394,317 Motor Carrier Compliance To enforce and administer state laws and regulations for mandated programs relating to driver safety and driver education for both novice and problem drivers. Total Funds $16,371,832 Federal and Other Funds $9,758,896 Federal Funds Not specifically Identified $5,161,998 Other Funds $4,596,898 State Funds $6,612,936 State General Funds $6,612,936 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,329,515 $16,088,411 Annualize the cost of the FY2006 salary adjustment. $103,536 $103,536 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $66,195 $66,195 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $96,200 $96,200 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $17,490 $17,490 Align fund sources to correctly reflect expenditures. $0 $0 Reflect a reduction of the DOT Permit Funds and an $0 $0 increase in the Motor Carrier Safety Assistance Program funds. The redistribution allows the reduction of DOT Permit Funds and an increase in MCSAP funds. Amount appropriated in this Act $6,612,936 $16,371,832 Specialized Collision Reconstruction Team (SCRT) 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 $2,350,545 THURSDAY, MARCH 30, 2006 5919 State Funds State General Funds $2,350,545 $2,350,545 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,150,997 $2,150,997 Annualize the cost of the FY2006 salary adjustment. $17,706 $17,706 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $26,437 $26,437 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $38,420 $38,420 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $6,985 $6,985 Realign program budgets to meet projected expenditures. $110,000 $110,000 Amount appropriated in this Act $2,350,545 $2,350,545 Troop J Specialty Units To support the Forensics Science Division of the GBI by overseeing and maintaining the entire breath-alcohol program for the State of Georgia. Total Funds $2,291,755 State Funds $2,291,755 State General Funds $2,291,755 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,204,535 $2,204,535 Annualize the cost of the FY2006 salary adjustment. $18,198 $18,198 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $25,399 $25,399 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $36,912 $36,912 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $6,711 $6,711 5920 JOURNAL OF THE HOUSE Amount appropriated in this Act $2,291,755 $2,291,755 The following appropriations are for agencies attached for administrative purposes. Firefighter Standards and Training Council To provide minimum certification standards for all firefighters and public safety professionals. Total Funds $690,145 State Funds $690,145 State General Funds $690,145 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $551,565 $551,565 Annualize the cost of the FY2006 salary adjustment. $3,879 $3,879 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $6,146 $6,146 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $8,931 $8,931 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,624 $1,624 Increase per diem and fees to provide state certified firefighters to evaluate firefighters' certification tests. $96,000 $96,000 Increase computer charges for hardware to implement SB 169 requiring FFSTC to certify volunteer firefighters. $22,000 $22,000 Amount appropriated in this Act $690,145 $690,145 Office of Highway Safety 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 $3,670,822 Federal and Other Funds $3,166,937 Federal Funds Not specifically Identified $3,166,937 State Funds $503,885 State General Funds $503,885 THURSDAY, MARCH 30, 2006 5921 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $485,876 $3,652,813 Annualize the cost of the FY2006 salary adjustment. $4,528 $4,528 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $4,961 $4,961 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $7,209 $7,209 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,311 $1,311 Amount appropriated in this Act $503,885 $3,670,822 Peace Officers Standards and Training Council (POST) To provide the citizens of Georgia with qualified, professionally trained, ethical and competent peace officers and criminal justice professionals. Total Funds $2,038,767 State Funds $2,038,767 State General Funds $2,038,767 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,905,971 $1,905,971 Annualize the cost of the FY2006 salary adjustment. $11,237 $11,237 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $17,685 $17,685 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $25,702 $25,702 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,673 $4,673 Annualize the cost of 1 investigator position transferred from the Department of Corrections to POST. $43,499 $43,499 Provide funds to develop and implement a Peace Officer certification exit exam. $30,000 $30,000 Amount appropriated in this Act $2,038,767 $2,038,767 5922 JOURNAL OF THE HOUSE Public Safety Training Center To develop, deliver and facilitate training that results in professional and competent public safety services for the people of Georgia. Total Funds $13,280,729 Federal and Other Funds $1,634,073 Agency Funds $1,634,073 State Funds $11,646,656 State General Funds $11,646,656 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $10,988,058 $12,622,131 Annualize the cost of the FY2006 salary adjustment. $76,195 $76,195 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $100,240 $100,240 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $145,677 $145,677 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $26,486 $26,486 Increase regular operating expenses to provide meals and lodging for students enrolled in the Basic Communications Officer course. $35,000 $35,000 Add funds to develop the Dalton Diversion Center as a Training Center. $150,000 $150,000 Increase funds in the Fire Academy for regional training of volunteer firefighters. $50,000 $50,000 Increase funds in the Fire Academy to provide continual training of current technical rescue teams and to train replacement personnel when existing team members are rotated off. $50,000 $50,000 Increase funds in the Fire Academy to restore previous funding levels for Technical Rescue. $25,000 $25,000 Amount appropriated in this Act $11,646,656 $13,280,729 Section 38: Public Service Commission Total Funds $9,320,406 THURSDAY, MARCH 30, 2006 5923 Federal and Other Funds Federal Funds Not specifically Identified State Funds State General Funds Intra-State Government Transfers Administration To assist the Commissioners and staff in achieving the agency's goals. Total Funds State Funds State General Funds $273,311 $273,311 $9,047,095 $9,047,095 $0 $1,187,065 $1,187,065 $1,187,065 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,401,396 $1,401,396 Annualize the cost of the FY2006 salary adjustment. $9,629 $9,629 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $10,324 $10,324 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $8,693 $8,693 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $18,571 $18,571 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,438 $1,438 Reduce one-time funding for moving expenses in the Administration program. ($175,000) ($175,000) Transfer funds from the Administration and Facilities Protection programs to the Utilities Regulation program to accurately reflect program expenditures. (CC:YES) ($87,986) ($87,986) Amount appropriated in this Act $1,187,065 $1,187,065 Facility Protection To provide for the protection of the buried utility facility infrastructure within the State of Georgia. Total Funds $903,635 5924 JOURNAL OF THE HOUSE Federal and Other Funds Federal Funds Not specifically Identified State Funds State General Funds $273,311 $273,311 $630,324 $630,324 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $665,164 $938,475 Annualize the cost of the FY2006 salary adjustment. $4,890 $4,890 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $5,833 $5,833 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $3,652 $3,652 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $10,492 $10,492 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $812 $812 Transfer a position to Facilities Protection from Utilities Regulation to accurately reflect program expenditures. $0 $0 (CC:YES) Transfer funds from the Administration and Facilities Protection programs to the Utilities Regulation program to accurately reflect program expenditures. (CC:YES) ($60,519) ($60,519) Amount appropriated in this Act $630,324 $903,635 Utilities Regulation To regulate intrastate telecommunications, natural gas, and electric utilities. Total Funds $7,229,706 State Funds $7,229,706 State General Funds $7,229,706 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,339,307 $6,339,307 THURSDAY, MARCH 30, 2006 5925 Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Transfer funds from the Administration and Facilities Protection programs to the Utilities Regulation program to accurately reflect program expenditures. (CC:YES) Transfer a position to Facilities Protection from Utilities Regulation to accurately reflect program expenditures. (CC:YES) Provide funding for per diem and fees in the Utilities Regulation program to hire outside consultants and expert witnesses for upcoming rate proceedings. Add 2 positions to the Transportation unit of the Utilities Regulation program to perform audits and training and to update maximum rate tariffs. Amount appropriated in this Act $46,653 $49,600 $39,295 $89,223 $6,908 $148,505 $0 $400,000 $110,215 $7,229,706 $46,653 $49,600 $39,295 $89,223 $6,908 $148,505 $0 $400,000 $110,215 $7,229,706 Section 39: Regents, University System of Georgia Total Funds Federal and Other Funds Agency Funds Other Funds Research Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers $4,682,958,464 $2,749,984,962 $1,165,428,894 $6,665,310 $1,577,890,758 $1,932,973,502 $15,732,554 $1,917,240,948 $0 Agricultural Experiment Station The purpose is to improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competitiveness. 5926 JOURNAL OF THE HOUSE Total Funds Federal and Other Funds Agency Funds Research Funds State Funds State General Funds $72,948,126 $32,441,262 $10,441,262 $22,000,000 $40,506,864 $40,506,864 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $38,481,866 $70,923,128 Annualize the cost of the FY2006 salary adjustment. $88,683 $88,683 Annualize the cost of the FY2006 salary adjustment. $38,007 $38,007 Annualize the cost of the FY2006 salary adjustment. $190,036 $190,036 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $601,972 $601,972 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $126,208 $126,208 Align program budgets and object classes to reflect actual expenditures. ($19,908) ($19,908) Add funds for maintenance and operations for the Agricultural Experiment Station ($700,000). $700,000 $700,000 Provide funds to study disease-causing pathogens in vegetable production. (CC:YES) $150,000 $150,000 Provide funds for poultry disease management. $150,000 $150,000 (CC:YES;Provide funds for research on poultry disease prevention and management.) Amount appropriated in this Act $40,506,864 $72,948,126 Advanced Technology Development Center/Economic Development Institute The purpose is to provide strategic business advice and connect its member companies to the people and resources they need to succeed. Total Funds $27,447,215 Federal and Other Funds $12,875,000 Agency Funds $12,875,000 THURSDAY, MARCH 30, 2006 5927 State Funds State General Funds $14,572,215 $14,572,215 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $8,852,624 $21,727,624 Annualize the cost of the FY2006 salary adjustment. $2,133 $2,133 Annualize the cost of the FY2006 salary adjustment. $51,589 $51,589 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $174,432 $174,432 Reduce funding for the Business Insight Initiative in the ATDC/EDI program. ($55,031) ($55,031) Align program budgets and object classes to reflect actual expenditures. $200,000 $200,000 Provide funding to expand ATDC Seed Capital Fund for investment in entrepreneur-led start-up companies to promote job growth in Georgia's bio-science industry. $5,000,000 $5,000,000 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $20,388 $20,388 Align program budgets and object classes to reflect actual expenditures. ($4,986,295) ($12,544,229) Align program budgets and object classes to reflect actual expenditures. $4,986,295 $12,544,229 Transfer funding from the Center for Assistive Technology and Environmental Access. $326,080 $326,080 Amount appropriated in this Act $14,572,215 $27,447,215 Athens/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 $4,737,054 Federal and Other Funds $4,653,970 Research Funds $4,653,970 5928 JOURNAL OF THE HOUSE State Funds State General Funds $83,084 $83,084 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $41,542 $4,695,512 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $83,084 $83,084 Transfer FY 2006 payraise funds budgeted to the Athens/Tifton Veterinary Labs to the contract within the Department of Agriculture. ($41,542) ($41,542) Amount appropriated in this Act $83,084 $4,737,054 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 $56,648,411 Federal and Other Funds $23,094,137 Agency Funds $10,094,137 Research Funds $13,000,000 State Funds $33,554,274 State General Funds $33,554,274 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $31,779,748 $54,873,885 Annualize the cost of the FY2006 salary adjustment. $62,341 $62,341 Annualize the cost of the FY2006 salary adjustment. $178,799 $178,799 Annualize the cost of the FY2006 salary adjustment. $24,140 $24,140 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $586,158 $586,158 THURSDAY, MARCH 30, 2006 5929 Eliminate one-time funds for the Formosan Termite Project in the Cooperative Extension Service program. (CC:Restore $20,000.) Add funds for maintenance and operations for the Agricultural Experiment Station ($700,000) and the Cooperative Extension Service ($300,000). Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. Align program budgets and object classes to reflect actual expenditures. Add 3 county extension agents for animal poultry and 2 positions for 4-H agents in the Cooperative Extension program. (CC:YES;Add $100,000 to restore partial funding for the Regional Post Harvest Fruit and Vegetable Research Center (Bacon County) and designate one 4-H position for Thomas County.) Provide funds for Vidalia onion research. (CC:YES) Amount appropriated in this Act ($60,000) $300,000 $128,350 ($6,262) $486,000 $75,000 $33,554,274 ($60,000) $300,000 $128,350 ($6,262) $486,000 $75,000 $56,648,411 Forestry Cooperative Extension The purpose 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 $659,442 State Funds $659,442 State General Funds $659,442 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $632,486 $632,486 Annualize the cost of the FY2006 salary adjustment. $6,262 $6,262 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $12,000 $12,000 Adjust personal services to reflect an increase in the employer share of premiums in the University $2,432 $2,432 5930 JOURNAL OF THE HOUSE System of Georgia Health Plan. Align program budgets and object classes to reflect actual expenditures. Amount appropriated in this Act $6,262 $659,442 $6,262 $659,442 Forestry Research The purpose is 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 $3,134,341 State Funds $3,134,341 State General Funds $3,134,341 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,011,535 $3,011,535 Annualize the cost of the FY2006 salary adjustment. $29,247 $29,247 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $57,764 $57,764 Eliminate funding for 1.5 support positions in the Forestry Research program. $0 $0 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $15,887 $15,887 Align program budgets and object classes to reflect actual expenditures. $19,908 $19,908 Amount appropriated in this Act $3,134,341 $3,134,341 Georgia Radiation Therapy Center The purpose is to provide patient care and education. Total Funds Federal and Other Funds Other Funds $3,625,810 $3,625,810 $3,625,810 THURSDAY, MARCH 30, 2006 5931 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 $130,466,440 Federal and Other Funds $122,917,958 Agency Funds $53,807,216 Research Funds $69,110,742 State Funds $7,548,482 State General Funds $7,548,482 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $6,842,095 $129,760,053 Annualize the cost of the FY2006 salary adjustment. $12,159 $12,159 Annualize the cost of the FY2006 salary adjustment. $50,193 $50,193 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $134,722 $134,722 Provide start-up funds for the worker safety technology program at the Georgia Tech Research Institute. $141,014 $141,014 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $15,488 $15,488 Align program budgets and object classes to reflect actual expenditures. ($200,000) ($200,000) Provide funds to correct an error in personal services for the Georgia Tech Research Institute. $552,811 $552,811 Amount appropriated in this Act $7,548,482 $130,466,440 Marine Extension Services The purpose is to transfer technology, provide training, and conduct applied research. Total Funds $2,713,007 Federal and Other Funds $1,184,800 Agency Funds $584,800 5932 JOURNAL OF THE HOUSE Research Funds State Funds State General Funds $600,000 $1,528,207 $1,528,207 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,426,750 $2,611,550 Annualize the cost of the FY2006 salary adjustment. $18,376 $18,376 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $22,010 $22,010 Provide funds to hire 1 position to aid the fishing and shrimping industries in the Marine Extension Service program. $57,070 $57,070 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $4,001 $4,001 Amount appropriated in this Act $1,528,207 $2,713,007 Marine Institute The purpose is to understand the processes that affect the condition of the salt marsh and coastline. Total Funds $1,711,549 Federal and Other Funds $767,633 Agency Funds $67,633 Research Funds $700,000 State Funds $943,916 State General Funds $943,916 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $923,165 $1,690,798 Annualize the cost of the FY2006 salary adjustment. $5,667 $5,667 THURSDAY, MARCH 30, 2006 5933 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. Amount appropriated in this Act $13,148 $13,148 $1,936 $1,936 $943,916 $1,711,549 Medical College of Georgia Hospitals and Clinics The purpose is to care, teach, and refer clients. Total Funds State Funds State General Funds $32,272,644 $32,272,644 $32,272,644 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $31,510,080 $31,510,080 Annualize the cost of the FY2006 salary adjustment. $251,114 $251,114 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $511,450 $511,450 Amount appropriated in this Act $32,272,644 $32,272,644 Office of Minority Business Enterprises The purpose is to provide assistance in the mitigation of factors that place minority businesses in a disadvantaged position. Total Funds $860,161 State Funds $860,161 State General Funds $860,161 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $860,499 $860,499 5934 JOURNAL OF THE HOUSE Annualize the cost of the FY2006 salary adjustment. Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. Apply a 2% reduction to the Office of Minority Business Enterprise program. Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. Amount appropriated in this Act $4,106 $10,052 $4,106 $10,052 ($17,210) $2,714 $860,161 ($17,210) $2,714 $860,161 Public Libraries The purpose is to provide library services for Georgians and to award grants from the Public Library Fund. Total Funds $40,477,906 Federal and Other Funds $2,509,208 Agency Funds $2,509,208 State Funds $37,968,698 State General Funds $37,968,698 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $35,748,543 $38,257,751 Annualize the cost of the FY2006 salary adjustment. $8,106 $8,106 Annualize the cost of the FY2006 salary adjustment. $210,137 $210,137 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $440,850 $440,850 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $47,103 $47,103 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $403,141 $403,141 THURSDAY, MARCH 30, 2006 5935 Increase funds to reflect an adjustment in the Workers' Compensation premiums. Transfer $69,356 from Public Libraries to Regents Central Office to correct an error in the GBA rental rates (G:Yes). Eliminate one-time funds for major repairs and renovations in the Public Libraries program. Provide an enhancement to the New Directions funding formula for the Georgia Public Library System grants. Add funds to pay increase in real estate rentals to enable the Georgia Public Library System to relocate to mission-suitable appropriate facilities. Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. Adjust personal services to reflect an increase in the employer share of the State Health Benefit Plan to correct an error for the Public Libraries. Provide funding to increase the library materials grant with funds to be distributed based on the New Directions funding formula. (CC:Distribute based on New Directions funding formula.) Provide funding for renovations to Mountain View Library. (CC:See Bonds.) Amount appropriated in this Act $2,867 ($69,356) $2,867 ($69,356) ($2,000,000) $900,000 ($2,000,000) $900,000 $50,000 $50,000 $7,307 $7,307 $220,000 $220,000 $2,000,000 $2,000,000 $0 $37,968,698 $0 $40,477,906 Public Service/Special Funding Initiatives The purpose is to provide leadership, service, and education. Total Funds State Funds Tobacco Funds State General Funds $32,417,559 $32,417,559 $5,000,000 $27,417,559 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $29,821,275 $29,821,275 5936 JOURNAL OF THE HOUSE Annualize the cost of the FY2006 salary adjustment. Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. Transfer Education GO Get It in the Public Service/Special Funding Initiatives program to the Department of Education. Eliminate funding for the Water Policy Institute in the Special Funding Initiatives program. (CC:Restore $180,000 for Georgia Southern University.) Provide funds to ICAPP Health to collect data on the shortage of nursing educators and to determine the best strategy for producing more nursing educators. Add funds for the Georgia Leadership Institute for School Improvement in the Special Funding Initiatives program to provide additional leadership development programs for principals. Add funds for the UGA-Griffin campus to expand current course offerings. Add start-up funds for 15 faculty members at Georgia Gwinnett College in the Special Funding Initiatives program. Provide one-time funding for the bio-business incubator at the Medical College of Georgia. (CC:YES) Amount appropriated in this Act $122,073 $287,886 ($977,905) ($363,200) $27,430 $1,500,000 $500,000 $1,000,000 $500,000 $32,417,559 $122,073 $287,886 ($977,905) ($363,200) $27,430 $1,500,000 $500,000 $1,000,000 $500,000 $32,417,559 Regents Central Office The purpose is to provide administrative support to all colleges and universities in the university system. Total Funds $7,984,377 State Funds $7,984,377 State General Funds $7,984,377 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $7,264,505 $7,264,505 THURSDAY, MARCH 30, 2006 5937 Annualize the cost of the FY2006 salary adjustment. Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Transfer $69,356 from Public Libraries to Regents Central Office to correct an error in the GBA rental rates. Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. Increase funding for the SREB Regional Contract program and the Minority Doctoral Scholars program to meet actual contract costs and add 4 additional students. Amount appropriated in this Act $64,108 $110,130 $164,752 $21,026 $69,356 $25,950 $264,550 $7,984,377 $64,108 $110,130 $164,752 $21,026 $69,356 $25,950 $264,550 $7,984,377 Research Consortium The purpose is to conduct research to further industry in the State of Georgia. Total Funds $26,400,251 State Funds $26,400,251 Tobacco Funds $750,000 State General Funds $25,650,251 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $31,770,043 $31,770,043 Annualize the cost of the FY2006 salary adjustment. $7,608 $7,608 Annualize the cost of the FY2006 salary adjustment. $44,716 $44,716 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public $108,692 $108,692 5938 JOURNAL OF THE HOUSE Telecommunications Commission. Provide funding for Georgia Research Alliance's VentureLab and a Patent Fund for investment in entrepreneur-led start-up companies to promote job growth in Georgia's bioscience industry and 2 eminent scholars to implement an energy policy and research agenda in the Research Consortium program. Reflect the completion of the Georgia Cancer Cohort Study. Annualize the cost of the FY2006 salary adjustment. Provide a one-time increase in the Research Consortium program for the Georgia Research Alliance Eminent Scholar Endowment to attract prominent research scientists to Georgia Research Universities. Provide funding for Georgia Research Alliance's VentureLab and a Patent Fund for investment in entrepreneur-led start-up companies to promote job growth in Georgia's bioscience industry and 2 eminent scholars to implement an energy policy and research agenda in the Research Consortium program. Transfer Georgia Cancer Coalition tobacco funds to "Payments to the Georgia Cancer Coalition" program. (CC:YES) Amount appropriated in this Act $2,200,000 $2,200,000 ($500,000) $1,746 $250,000 ($500,000) $1,746 $250,000 $2,500,000 $2,500,000 ($9,982,554) ($9,982,554) $26,400,251 $26,400,251 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 $7,292,073 Federal and Other Funds $5,658,000 Agency Funds $1,520,000 Research Funds $4,138,000 State Funds $1,634,073 State General Funds $1,634,073 The above amounts include the following adjustments, additions, and deletions to the THURSDAY, MARCH 30, 2006 5939 previous appropriation act: Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. Amount appropriated in this Act State Funds $1,557,477 $12,924 $24,570 Total Funds $7,215,477 $12,924 $24,570 $4,779 $34,323 $4,779 $34,323 $1,634,073 $7,292,073 Student Education Enrichment Program The purpose is to provide underrepresented Georgia residents the opportunity to acquire educational experiences. Total Funds $308,315 State Funds $308,315 State General Funds $308,315 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $304,035 $304,035 Annualize the cost of the FY2006 salary adjustment. $1,224 $1,224 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $3,056 $3,056 Amount appropriated in this Act $308,315 $308,315 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 $4,176,524,431 Federal and Other Funds $2,519,332,893 5940 JOURNAL OF THE HOUSE Agency Funds Other Funds Research Funds State Funds State General Funds $1,052,605,347 $3,039,500 $1,463,688,046 $1,657,191,538 $1,657,191,538 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,558,562,243 $4,077,895,136 Annualize the cost of the FY2006 salary adjustment. $14,830,052 $14,830,052 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $27,456,056 $27,456,056 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,782,468 $1,782,468 Provide funds to fully fund enrollment increases based on a 1.6% increase in semester credit hours and operating expenses related to additional square footage. (CC:YES;Reduce health insurance portion of formula funding increase by $2,309,821. ) $53,000,000 $53,000,000 Remove one-time funds to the North Georgia College and State University in the Teaching program. ($100,000) ($100,000) Eliminate the Center for Trade and Technology Transfer in the Teaching program. ($56,765) ($56,765) Eliminate the School of Law-Export Study (Dean Rusk Center) in the Teaching program. (CC:Restore ($219,158) ($219,158) $219,157.) Increase funds for the Fiscal Research Center to reflect actual costs of current level of service in the Teaching program. $38,145 $38,145 Adjust debt service payback amount for the Student Center construction project at Georgia Southern University in the Teaching program. $677,118 $677,118 Eliminate funds for the Greenbelt Study at the Georgia Tech School of Urban Planning in the Teaching program. ($200,000) ($200,000) THURSDAY, MARCH 30, 2006 5941 Eliminate Georgia Career Information Services in the Teaching program. Provide funding for Fort Valley State University land grant mission. (CC:YES) Transfer all remaining CATEA activities and related funding to the Teaching program. Amount appropriated in this Act ($92,647) $1,514,026 $0 $1,657,191,538 ($92,647) $1,514,026 $0 $4,176,524,431 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 $3,249,577 State Funds $3,249,577 State General Funds $3,249,577 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,148,784 $3,148,784 Annualize the cost of the FY2006 salary adjustment. $5,865 $5,865 Annualize the cost of the FY2006 salary adjustment. $20,887 $20,887 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $54,540 $54,540 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $19,501 $19,501 Amount appropriated in this Act $3,249,577 $3,249,577 Veterinary Medicine Teaching Hospital The purpose is to provide state of the art capabilities in diagnostic imaging, including MRI, CT scanning, nuclear scintigraphy, and various methods of ultrasonography. Total Funds $7,189,727 Federal and Other Funds $6,700,000 Agency Funds $6,700,000 State Funds $489,727 5942 JOURNAL OF THE HOUSE State General Funds $489,727 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $478,173 $7,178,173 Annualize the cost of the FY2006 salary adjustment. $4,734 $4,734 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public Telecommunications Commission. $5,272 $5,272 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $1,548 $1,548 Amount appropriated in this Act $489,727 $7,189,727 Payments to the Georgia Cancer Coalition The purpose is to provide funds to the Cancer Coalition for ongoing research and preventative measures. Total Funds $9,982,554 State Funds $9,982,554 Tobacco Funds $9,982,554 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Reflect the transfer of tobacco funds from Research Consortium. (CC:YES) $9,982,554 $9,982,554 Amount appropriated in this Act $9,982,554 $9,982,554 The following appropriations are for agencies attached for administrative purposes. 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 $2,660,060 THURSDAY, MARCH 30, 2006 5943 State Funds State General Funds $2,660,060 $2,660,060 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,500,092 $2,500,092 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $61,347 $61,347 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $19,153 $19,153 Adjust personal services to reflect an increase in the employer share of the State Health Benefit Plan for non-certificated employees. $187,453 $187,453 Reduce personal services for the Junior College program ($12,985) and eliminate one-time design funds for the preparatory school classroom facility ($95,000). ($107,985) ($107,985) Amount appropriated in this Act $2,660,060 $2,660,060 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 $31,247,434 Federal and Other Funds $14,224,291 Agency Funds $14,224,291 State Funds $17,023,143 State General Funds $17,023,143 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $16,954,058 $31,178,349 Annualize the cost of the FY2006 salary adjustment. $70,567 $70,567 Increase personal services to provide for a salary increase of 4% for the University System of Georgia and up to 4% for the Georgia Public $143,916 $143,916 5944 JOURNAL OF THE HOUSE Telecommunications Commission. Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Increase funds in the Educational Technology Services program ($25,114) and the Public Broadcast Services program ($8,371) to correct a GTA rate adjustment error. Reduce operating expenses in the Education Technology Services program to reflect anticipated reduction in costs associated with contracts and publications. Amount appropriated in this Act $10,544 $143,208 $6,446 $33,485 ($339,081) $17,023,143 $10,544 $143,208 $6,446 $33,485 ($339,081) $31,247,434 Section 40: Revenue, Department of Total Funds Federal and Other Funds Agency Funds Other Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers $555,817,132 $7,005,348 $5,925,898 $1,079,450 $548,811,784 $150,000 $548,661,784 $0 Administration 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 $4,053,813 State Funds $4,053,813 State General Funds $4,053,813 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 30, 2006 5945 Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act State Funds $3,979,012 $21,423 $18,136 Total Funds $3,979,012 $21,423 $18,136 $32,640 $32,640 $2,602 $4,053,813 $2,602 $4,053,813 Customer Service 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 $12,819,354 Federal and Other Funds $2,110,135 Agency Funds $2,110,135 State Funds $10,709,219 State General Funds $10,709,219 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,644,919 $11,755,054 Annualize the cost of the FY2006 salary adjustment. $67,412 $67,412 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $82,895 $82,895 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $149,187 $149,187 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $11,890 $11,890 Increase funding to telecommunications to improve customer service. $212,968 $212,968 Redirect Local Sales Tax Distribution ($8,825,027) to Revenue Processing ($4,500,000), Customer Service ($539,948) and Local Tax Officials Retirement and $539,948 $539,948 5946 JOURNAL OF THE HOUSE FICA ($3,785,079). Amount appropriated in this Act $10,709,219 $12,819,354 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. The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $8,825,027 $8,825,027 Redirect Local Sales Tax Distribution ($8,825,027) to Revenue Processing ($4,500,000), Customer Service ($539,948) and Local Tax Officials Retirement and FICA ($3,785,079). ($8,825,027) ($8,825,027) Amount appropriated in this Act $0 $0 Homeowner Tax Relief Grants (HTRG) To provide homeowners 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, 2006. Total Funds $432,290,501 State Funds $432,290,501 State General Funds $432,290,501 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $432,290,501 $432,290,501 Increase funding to $434,000,000 for Homeowners' Tax Relief Grants. $0 $0 Amount appropriated in this Act $432,290,501 $432,290,501 Industry Regulation 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. THURSDAY, MARCH 30, 2006 5947 Total Funds State Funds Tobacco Funds State General Funds $4,646,971 $4,646,971 $150,000 $4,496,971 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,516,392 $4,516,392 Annualize the cost of the FY2006 salary adjustment. $23,706 $23,706 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $28,283 $28,283 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $23,632 $23,632 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $50,902 $50,902 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $4,056 $4,056 Amount appropriated in this Act $4,646,971 $4,646,971 Local Tax Officials Retirement and FICA Total Funds State Funds State General Funds $3,785,079 $3,785,079 $3,785,079 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Redirect Local Sales Tax Distribution ($8,825,027) to Revenue Processing ($4,500,000), Customer Service ($539,948) and Local Tax Officials Retirement and FICA ($3,785,079). $3,785,079 $3,785,079 Amount appropriated in this Act $3,785,079 $3,785,079 5948 JOURNAL OF THE HOUSE Revenue Processing 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 $41,021,830 Federal and Other Funds $426,769 Other Funds $426,769 State Funds $40,595,061 State General Funds $40,595,061 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $28,891,183 $29,317,952 Annualize the cost of the FY2006 salary adjustment. $181,792 $181,792 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $201,825 $201,825 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $117,555 $117,555 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $363,229 $363,229 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $28,951 $28,951 Transfer 1 position to the Department of Public Safety. ($30,000) ($30,000) Increase computer charges to ensure accurate and timely tax collection. $6,340,526 $6,340,526 Redirect Local Sales Tax Distribution ($8,825,027) to Revenue Processing ($4,500,000), Customer Service ($539,948) and Local Tax Officials Retirement and FICA ($3,785,079). $4,500,000 $4,500,000 Amount appropriated in this Act $40,595,061 $41,021,830 Salvage Inspection To inspect rebuilt salvage vehicles. Total Funds State Funds State General Funds $1,581,159 $1,581,159 $1,581,159 THURSDAY, MARCH 30, 2006 5949 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,527,364 $1,527,364 Annualize the cost of the FY2006 salary adjustment. $9,411 $9,411 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $11,557 $11,557 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $10,369 $10,369 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $20,800 $20,800 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,658 $1,658 Amount appropriated in this Act $1,581,159 $1,581,159 State Board of Equalization 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 Tag and Title Registration To establish motor vehicle ownership. Total Funds Federal and Other Funds Other Funds State Funds State General Funds $23,194,458 $652,681 $652,681 $22,541,777 $22,541,777 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $22,099,571 $22,752,252 5950 JOURNAL OF THE HOUSE Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act $79,050 $102,364 $61,883 $184,226 $79,050 $102,364 $61,883 $184,226 $14,683 $14,683 $22,541,777 $23,194,458 Tax Compliance To ensure that all taxpayers pay the correct amount of taxes owed under the law. Total Funds $32,418,967 Federal and Other Funds $3,815,763 Agency Funds $3,815,763 State Funds $28,603,204 State General Funds $28,603,204 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $26,724,660 $30,540,423 Annualize the cost of the FY2006 salary adjustment. $206,283 $206,283 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $218,065 $218,065 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $2,924 $2,924 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $392,455 $392,455 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $31,279 $31,279 Increase contracts for collection of delinquent taxes. $1,027,538 $1,027,538 Amount appropriated in this Act $28,603,204 $32,418,967 THURSDAY, MARCH 30, 2006 5951 Section 41: Secretary of State Total Funds Federal and Other Funds Agency Funds Other Funds Records Center Storage Fee State Funds State General Funds Intra-State Government Transfers $38,762,427 $1,498,265 $1,064,350 $4,681 $429,234 $37,264,162 $37,264,162 $0 Administration To provide administrative support to the Office of Secretary of State and its attached agencies. Total Funds $4,912,454 Federal and Other Funds $30,000 Agency Funds $30,000 State Funds $4,882,454 State General Funds $4,882,454 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,642,318 $4,672,318 Annualize the cost of the FY2006 salary adjustment. $36,562 $36,562 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $40,929 $40,929 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $21,923 $21,923 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $59,808 $59,808 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $5,914 $5,914 Provide funding the State Boxing Commission. $75,000 $75,000 Amount appropriated in this Act $4,882,454 $4,912,454 5952 JOURNAL OF THE HOUSE Archives To assist state agencies in adequately documenting their activities, administering their records management programs, scheduling their records and transferring their noncurrent records to the State Records Center. Total Funds $6,481,075 Federal and Other Funds $508,753 Agency Funds $75,000 Other Funds $4,519 Records Center Storage Fee $429,234 State Funds $5,972,322 State General Funds $5,972,322 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,856,020 $6,360,254 Annualize the cost of the FY2006 salary adjustment. $21,907 $23,758 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $25,793 $25,793 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $27,185 $27,185 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $37,690 $40,358 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $3,727 $3,727 Create a new fund source to properly reflect the Record Center Storage revenue. $0 $0 Amount appropriated in this Act $5,972,322 $6,481,075 Capitol Tours To provide guided informational tours of the State Capitol. Total Funds State Funds State General Funds $155,777 $155,777 $155,777 The above amounts include the following adjustments, additions, and deletions to the THURSDAY, MARCH 30, 2006 5953 previous appropriation act: Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Amount appropriated in this Act State Funds $151,672 $1,007 $1,189 Total Funds $151,672 $1,007 $1,189 $1,737 $1,737 $172 $155,777 $172 $155,777 Corporations To accept and review filings made pursuant to statutes; to issue certifications of records on file; and to provide general information to the public on all filed entities. Total Funds $1,937,301 Federal and Other Funds $739,512 Agency Funds $739,350 Other Funds $162 State Funds $1,197,789 State General Funds $1,197,789 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,312,934 $2,052,284 Annualize the cost of the FY2006 salary adjustment. $12,401 $12,401 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $13,736 $13,736 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $16,662 $16,662 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $20,071 $20,233 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,985 $1,985 5954 JOURNAL OF THE HOUSE Reflect reduction in the Corporations division. Amount appropriated in this Act ($180,000) ($180,000) $1,197,789 $1,937,301 Elections To administer all duties imposed upon the Secretary of State by providing all required filing and public information services, performing all certification and commissioning duties required by law and assisting candidates, local governments, and citizens in interpreting and complying with all election, voter registration and financial disclosure laws. Total Funds $5,179,663 Federal and Other Funds $20,000 Agency Funds $20,000 State Funds $5,159,663 State General Funds $5,159,663 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,545,164 $5,565,164 Annualize the cost of the FY2006 salary adjustment. $14,603 $14,603 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $16,668 $16,668 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $8,770 $8,770 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $24,357 $24,357 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,408 $2,408 Reflect reduction in the Elections divisions. ($395,759) ($395,759) Transfer remaining budget of the Elections Campaign and Financial Disclosure program to the State Ethics Commission. (CC:YES) ($106,548) ($106,548) Provide funds for the implementation of SB 500, 2006 Georgia Accuracy in Elections Act; permanent paper record of votes; provide for pilot program/electronic voting. $50,000 $50,000 Amount appropriated in this Act $5,159,663 $5,179,663 THURSDAY, MARCH 30, 2006 5955 Professional Licensing Boards To protect the public health and welfare by supporting all operations of Boards which license professions. Total Funds $11,504,435 Federal and Other Funds $150,000 Agency Funds $150,000 State Funds $11,354,435 State General Funds $11,354,435 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,318,609 $9,468,609 Annualize the cost of the FY2006 salary adjustment. $55,661 $55,661 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $66,017 $66,017 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $96,469 $96,469 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $9,539 $9,539 Annualize funding for the Residential and General Contractors Board. $556,622 $556,622 Enable the Professional Licensing Boards (PLB) to fill critical support and inspection/investigative vacancies in the Consumer Services, Allied Health Fields, and Health and Consumer sections as well as in the Businesses and Professions and Health Care Investigative Units ($475,562); fund 12 new support and inspection/investigative positions for the following boards: Barber, Construction, Cosmetology, Dentistry, Engineers/Land Surveyors, Funeral Services, Registered Nurses, and Used Motor Vehicles and Parts Dealers ($488,491) and related position start-up purchases and operating costs ($132,900); and fund increase in PLB board member travel expenses ($54,565). $1,151,518 $1,151,518 Provide funding for SB 110 - Message Therapy Licensing Board. $100,000 $100,000 Amount appropriated in this Act $11,354,435 $11,504,435 5956 JOURNAL OF THE HOUSE Securities To provide for registration, compliance and enforcement of the provisions of the Georgia Codes, and to provide information to public regarding subjects of such codes. Total Funds $2,090,428 Federal and Other Funds $50,000 Agency Funds $50,000 State Funds $2,040,428 State General Funds $2,040,428 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,961,222 $2,011,222 Annualize the cost of the FY2006 salary adjustment. $16,775 $16,775 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $18,911 $18,911 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $13,154 $13,154 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $27,633 $27,633 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,733 $2,733 Amount appropriated in this Act $2,040,428 $2,090,428 The following appropriations are for agencies attached for administrative purposes. Georgia Real Estate Commission To administer the license law for real estate brokers and salespersons and with providing administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal. Total Funds $3,253,396 State Funds $3,253,396 State General Funds $3,253,396 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 30, 2006 5957 Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Fill 2 vacant positions, add 1 position and 1 vehicle to meet increasing technology demands for investigative purposes. Amount appropriated in this Act State Funds $2,891,088 $16,102 $16,992 Total Funds $2,891,088 $16,102 $16,992 $27,739 $27,739 $2,743 $298,732 $2,743 $298,732 $3,253,396 $3,253,396 State Ethics Commission To protect the integrity of the democratic process and ensure compliance by candidates, public officials, non-candidate campaign committees, lobbyists and vendors with Georgia's Campaign and Financial Disclosure requirements. Total Funds $1,606,602 State Funds $1,606,602 State General Funds $1,606,602 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $824,434 $824,434 Annualize the cost of the FY2006 salary adjustment. $4,106 $4,106 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $5,281 $5,281 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $5,636 $5,636 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $9,643 $9,643 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $954 $954 5958 JOURNAL OF THE HOUSE Transfer remaining budget of the Elections Campaign and Financial Disclosure program to the State Ethics Commission. (CC:YES) Increase funds due to additional responsibilities for HB 48 - ethics in government; amend provisions. Amount appropriated in this Act $106,548 $650,000 $1,606,602 $106,548 $650,000 $1,606,602 Georgia Commission on the Holocaust To teach the lessons of the Holocaust to present and future generations of Georgians in order to create an awareness of the enormity of the crimes of prejudice and inhumanity. Total Funds $278,412 State Funds $278,412 State General Funds $278,412 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $245,915 $245,915 Annualize the cost of the FY2006 salary adjustment. $1,991 $1,991 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $1,892 $1,892 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $3,289 $3,289 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $325 $325 Provide additional funds. $25,000 $25,000 Amount appropriated in this Act $278,412 $278,412 Georgia Drugs and Narcotics Agency 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 $1,362,884 State Funds $1,362,884 State General Funds $1,362,884 THURSDAY, MARCH 30, 2006 5959 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,288,769 $1,288,769 Annualize the cost of the FY2006 salary adjustment. $9,812 $9,812 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $10,966 $10,966 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $17,878 $17,878 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,768 $1,768 Provide additional funds to meet contractual rent obligations. $2,151 $2,151 Increase funding to new technology initiatives. $31,540 $31,540 Amount appropriated in this Act $1,362,884 $1,362,884 Section 42: Soil and Water Conservation Commission Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers $11,443,220 $8,345,743 $1,295,526 $7,050,217 $3,097,477 $3,097,477 $0 Administration To protect, conserve, and improve the soil and water resources of the State of Georgia. Total Funds $599,541 State Funds $599,541 State General Funds $599,541 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $583,098 $583,273 Annualize the cost of the FY2006 salary adjustment. $3,951 $3,951 5960 JOURNAL OF THE HOUSE Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Remove Other Funds added into agency budget in FY 2005. Amount appropriated in this Act $5,758 $5,447 $5,758 $5,447 $1,287 $0 $599,541 $1,287 ($175) $599,541 Conservation of Agricultural Water Supplies To conserve the use of Georgia's ground and surface water by agricultural water users. Total Funds $7,763,855 Federal and Other Funds $7,499,922 Federal Funds Not specifically Identified $750,000 Agency Funds $6,749,922 State Funds $263,933 State General Funds $263,933 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $227,332 $7,727,254 Annualize the cost of the FY2006 salary adjustment. $2,186 $2,186 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $2,360 $2,360 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $2,233 $2,233 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $528 $528 Fund an increase in the reimbursement rate for district supervisors from $25 to $30 per required monthly meeting. $2,509 $2,509 Provide personal services funding for a resource specialist. $8,324 $8,324 THURSDAY, MARCH 30, 2006 5961 Reallocate funds from the Conservation of Soil and Water Resources program to the Conservation of Agricultural Water Supplies program for the Region V office in Dawson to better reflect staff activities. Amount appropriated in this Act $18,461 $18,461 $263,933 $7,763,855 Conservation of Soil and Water Resources To conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands. Total Funds $2,017,466 Federal and Other Funds $845,821 Federal Funds Not specifically Identified $545,526 Agency Funds $300,295 State Funds $1,171,645 State General Funds $1,171,645 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,092,694 $2,636,515 Annualize the cost of the FY2006 salary adjustment. $8,091 $8,091 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $11,495 $11,495 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $10,872 $10,872 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,569 $2,569 Reallocate funds from the Conservation of Soil and Water Resources program to the Conservation of Agricultural Water Supplies program for the Region V office in Dawson to better reflect staff activities. ($18,461) ($18,461) Remove funds for 4 federal contracts that were completed in FY 2005. (Total Funds: $385,000) $0 ($318,000) Remove Other Funds for an EPD Erosion & Sedimentation Control contract completed in FY 2005. $0 ($380,000) (CC:Remove Agency Funds for an EPD Erosion & Sedimentation Control contract completed in FY 2006.) 5962 JOURNAL OF THE HOUSE Provide personal services funding for a resource specialist. Provide personal services funding for a rural program manager. Fund an increase in the reimbursement rate for district supervisors from $25 to $30 per required monthly meeting. Amount appropriated in this Act $12,484 $25,049 $26,852 $12,484 $25,049 $26,852 $1,171,645 $2,017,466 USDA Flood Control Watershed Structures To provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. Total Funds $105,054 State Funds $105,054 State General Funds $105,054 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $19,655 $19,655 Annualize the cost of the FY2006 salary adjustment. $177 $177 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $247 $247 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $233 $233 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $55 $55 Fund an increase in the reimbursement rate for district supervisors from $25 to $30 per required monthly meeting. $155 $155 Provide personal services funding for a rural program manager. $6,679 $6,679 Redirect state funds from the Water Resources and Land Use Planning program to the USDA Flood Control Watershed Structures program to complete maintenance on 5 Category 1 Dams. $77,853 $77,853 Amount appropriated in this Act $105,054 $105,054 THURSDAY, MARCH 30, 2006 5963 Water Resources and Land Use Planning To improve the understanding of water use and to develop plans that improve water management and efficiency. Total Funds $957,304 State Funds $957,304 State General Funds $957,304 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,783,417 $1,850,417 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $24 $24 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $23 $23 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $5 $5 Remove funds for 4 federal contracts that were completed in FY 2005. (Total Funds: $385,000) $0 ($67,000) Provide personal services funding for a rural program manager. $1,670 $1,670 Redirect state funds from the Water Resources and Land Use Planning program to the USDA Flood Control Watershed Structures program to complete maintenance on 5 Category 1 Dams. ($77,853) ($77,853) Eliminate one-time funding for regional reservoir planning. ($750,000) ($750,000) Annualize the cost of the FY2006 salary adjustment. $18 $18 Amount appropriated in this Act $957,304 $957,304 Section 43: Student Finance Commission and Authority, Georgia Total Funds Federal and Other Funds Federal Funds Not specifically Identified Other Funds State Funds Lottery Funds $583,561,537 $7,294,253 $520,653 $6,773,600 $576,267,284 $539,601,059 5964 JOURNAL OF THE HOUSE State General Funds Intra-State Government Transfers $36,666,225 $0 Accel To allow students to pursue post-secondary study at approved public and private postsecondary 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 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 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 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 To provide service cancelable loans to students enrolled in critical fields of study, which include nursing, physical therapy and pharmacy. Total Funds $4,079,883 THURSDAY, MARCH 30, 2006 5965 Federal and Other Funds Other Funds State Funds State General Funds $280,000 $280,000 $3,799,883 $3,799,883 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $3,799,883 $3,799,883 Increase funding for service cancelable loans to fund 100 additional nursing slots (Other Funds: $280,000). $0 $280,000 (CC:YES) Redirect funds to provide for a service cancelable loan program for nursing educators at a maximum of $2,000 per loan for up to 100 students at a total cost of $200,000. (CC:YES) $0 $0 Amount appropriated in this Act $3,799,883 $4,079,883 HERO Scholarship To provide educational grant assistance to members of the Georgia National Guard and U.S. Military Reservists who served in combat zones and the children of such members. Total Funds $200,000 State Funds $200,000 State General Funds $200,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $0 $0 Provide funds for the HERO Scholarship of $2,000 per award. $200,000 $200,000 Amount appropriated in this Act $200,000 $200,000 HOPE Administration 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. 5966 JOURNAL OF THE HOUSE Total Funds State Funds Lottery Funds $5,228,320 $5,228,320 $5,228,320 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,111,697 $5,111,697 Annualize the cost of the FY2006 salary adjustment. $20,940 $20,940 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $87,275 $87,275 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $8,408 $8,408 Increase funds in HOPE Administration to provide 2 positions to implement the mandated grade point transcript exchange initiative. (CC:YES) $0 $0 Amount appropriated in this Act $5,228,320 $5,228,320 HOPE GED 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 $2,461,614 State Funds $2,461,614 Lottery Funds $2,461,614 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,840,694 $2,840,694 Reduce HOPE GED ($379,080) and HOPE ScholarshipPrivate Schools ($100,118) to reflect true need and transfer funds to HOPE Scholarship-Public Schools to provide for projected growth. (CC:YES) ($379,080) ($379,080) Amount appropriated in this Act $2,461,614 $2,461,614 THURSDAY, MARCH 30, 2006 5967 HOPE Grant 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 To provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private post-secondary institution. Total Funds $45,651,732 State Funds $45,651,732 Lottery Funds $45,651,732 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $45,751,850 $45,751,850 Reduce HOPE GED ($379,080) and HOPE ScholarshipPrivate Schools ($100,118) to reflect true need and transfer funds to HOPE Scholarship-Public Schools to provide for projected growth. (CC:YES) ($100,118) ($100,118) Amount appropriated in this Act $45,651,732 $45,651,732 HOPE Scholarships - Public Schools To provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public post-secondary institution. Total Funds $344,500,917 State Funds $344,500,917 Lottery Funds $344,500,917 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $326,011,143 $326,011,143 Reduce HOPE GED ($379,080) and HOPE ScholarshipPrivate Schools ($100,118) to reflect true need and $479,198 $479,198 5968 JOURNAL OF THE HOUSE transfer funds to HOPE Scholarship-Public Schools to provide for projected growth. (CC:YES) Eliminate remaining funds in Promise II ($74,590) as part of planned phase out and transfer funds to HOPE Scholarship-Public Schools to provide for projected growth. (CC:YES) Increase funds for HOPE Scholarship-Public Schools to reflect projected growth. Amount appropriated in this Act $74,590 $74,590 $17,935,986 $17,935,986 $344,500,917 $344,500,917 Law Enforcement Dependents Grant 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 postsecondary institution in Georgia. Total Funds $50,911 State Funds $50,911 State General Funds $50,911 Leveraging Educational Assistance Partnership Program (LEAP) 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 Federal and Other Funds $520,653 Federal Funds Not specifically Identified $520,653 State Funds $966,757 State General Funds $966,757 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $966,757 $1,487,410 Amount appropriated in this Act $966,757 $1,487,410 North Ga. Military Scholarship Grants To provide outstanding students with a full scholarship to attend North Georgia College and State University, thereby strengthening Georgia's Army National Guard with their membership. THURSDAY, MARCH 30, 2006 5969 Total Funds Federal and Other Funds Other Funds State Funds State General Funds $1,694,353 $1,010,402 $1,010,402 $683,951 $683,951 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $683,951 $683,951 Increase North Georgia College and State University Service Cancelable Loan by $1,010,402 to fund 118 additional students returning from military deployment (Other Funds: $1,010,402). (CC:YES) $0 $1,010,402 Amount appropriated in this Act $683,951 $1,694,353 North Georgia ROTC Grants 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 Scholarship 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 Promise II Scholarship To assist paraprofessionals and instructional aids 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. The above amounts include the following adjustments, additions, and deletions to the 5970 JOURNAL OF THE HOUSE previous appropriation act: Amount from prior Appropriation Act (HB 85) Eliminate remaining funds in Promise II ($74,590) as part of planned phase out and transfer funds to HOPE Scholarship-Public Schools to provide for projected growth. (CC:YES) Amount appropriated in this Act State Funds Total Funds $74,590 $74,590 ($74,590) ($74,590) $0 $0 Public Memorial Safety Grant To provide educational grant assistance to the children of Georgia law enforcement officers, fire fighter, 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 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 Tuition Equalization Grants To promote the private segment of higher education in Georgia by providing nonrepayable grant aid to Georgia residents who attend eligible private post-secondary institutions. Total Funds $33,015,000 Federal and Other Funds $5,483,198 Other Funds $5,483,198 State Funds $27,531,802 State General Funds $27,531,802 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 30, 2006 5971 Amount from prior Appropriation Act (HB 85) Increase Tuition Equalization Grants from $900 to $1,000 per award (Other funds: $5,483,198). (CC:YES) Reflect a reduction in demand for Tuition Equalization Grants. Amount appropriated in this Act State Funds Total Funds $29,031,802 $29,031,802 $0 $5,483,198 ($1,500,000) ($1,500,000) $27,531,802 $33,015,000 The following appropriations are for agencies attached for administrative purposes. Nonpublic Postsecondary Education Commission To authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed; resolve complaints. Total Funds $671,242 State Funds $671,242 State General Funds $671,242 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $645,204 $645,204 Annualize the cost of the FY2006 salary adjustment. $5,375 $5,375 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $10,164 $10,164 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $10,184 $10,184 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $315 $315 Amount appropriated in this Act $671,242 $671,242 Section 44: Teachers' Retirement System Total Funds Federal and Other Funds Other Funds State Funds State General Funds $25,942,331 ($723,320) ($723,320) $3,903,200 $3,903,200 5972 JOURNAL OF THE HOUSE Intra-State Government Transfers Retirement Payments $22,762,451 $22,762,451 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.28% for S.F.Y. 2007. Local/Floor COLA To provide retirees from local retirement systems a minimum allowance upon retirement and a post-retirement benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS. Total Funds $3,903,200 State Funds $3,903,200 State General Funds $3,903,200 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,980,000 $1,980,000 Reduce Local/Floor Cost of Living Adjustment (COLA) to reflect anticipated reduction in the number of eligible retirees. ($220,000) ($220,000) Provide for a COLA for teacher retirees per HB 400 passed in the 2005 session. $2,143,200 $2,143,200 Amount appropriated in this Act $3,903,200 $3,903,200 System Administration To provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. Total Funds $22,039,131 Federal and Other Funds ($723,320) Other Funds ($723,320) Intra-State Government Transfers $22,762,451 Retirement Payments $22,762,451 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 30, 2006 5973 State Funds Amount from prior Appropriation Act (HB 85) $0 Increase funds to reflect an adjustment in the employer share $0 of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' $0 Compensation premiums. Reduce other funds ($1,020,000) in computer charges to $0 reflect anticipated costs. Amount appropriated in this Act $0 Total Funds $22,762,451 $288,229 $8,451 ($1,020,000) $22,039,131 Section 45: Technical and Adult Education, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers $412,535,181 $75,747,117 $19,814,459 $55,932,658 $336,788,064 $336,788,064 $0 Administration 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 $11,243,807 Federal and Other Funds $2,059,788 Federal Funds Not specifically Identified $2,059,788 State Funds $9,184,019 State General Funds $9,184,019 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,728,848 $4,728,848 Annualize the cost of the FY2006 salary adjustment. $43,573 $43,573 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $150,698 $150,698 5974 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Reduce funding in the Administration program by 2%. Add funds to correct personal services error in Administration ($414,434), Adult Literacy ($159,014), Economic Development ($373,280) and Technical Education ($190,188). Realign programs to meet actual expenditures and properly reflect funds for administration by transferring funds from Adult Literacy (Total Funds: $1,001,004) and Technical Education (Total Funds: $4,898,960). (CC:YES) Realign programs to meet actual expenditures and properly reflect funds for administration by transferring funds from Adult Literacy (Total Funds: $1,001,004) and Technical Education (Total Funds: $4,898,960). (CC:YES) Reflect $800,000 in base budget funds from Temporary Assistance for Needy Families from the Department of Human Resources. Amount appropriated in this Act $168,052 $168,052 $9,618 ($171,380) $414,434 $9,618 ($171,380) $414,434 $649,197 $1,001,004 $3,190,979 $4,898,960 $0 $0 $9,184,019 $11,243,807 Adult Literacy 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 $20,243,096 Federal and Other Funds $7,791,412 Federal Funds Not specifically Identified $6,669,526 Agency Funds $1,121,886 State Funds $12,451,684 State General Funds $12,451,684 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 30, 2006 5975 Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Add funds to correct personal services error in Administration ($414,434), Adult Literacy ($159,014), Economic Development ($373,280) and Technical Education ($190,188). Realign programs to meet actual expenditures and properly reflect funds for administration by transferring funds from Adult Literacy (Total Funds: $1,001,004) and Technical Education (Total Funds: $4,898,960). (CC:YES) Provide funding for Shirley Smith Learning Center. Reflect $3,000,000 in base budget funds from Temporary Assistance for Needy Families from the Department of Human Resources. Amount appropriated in this Act State Funds $11,853,450 $103,344 $229,332 Total Funds $19,996,669 $103,344 $229,332 $255,741 $255,741 $159,014 $159,014 ($649,197) ($1,001,004) $500,000 $0 $500,000 $0 $12,451,684 $20,243,096 Economic Development (Quick Start) To provide a number of programs and services designed to assist businesses and industries with their training needs. Total Funds $12,613,900 State Funds $12,613,900 State General Funds $12,613,900 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $11,889,779 $11,889,779 Annualize the cost of the FY2006 salary adjustment. $63,676 $63,676 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $136,238 $136,238 5976 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Add funds to correct personal services error in Administration ($414,434), Adult Literacy ($159,014), Economic Development ($373,280) and Technical Education ($190,188). Amount appropriated in this Act $151,927 $151,927 $372,280 $372,280 $12,613,900 $12,613,900 Technical Education 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 $368,434,378 Federal and Other Funds $65,895,917 Federal Funds Not specifically Identified $11,085,145 Agency Funds $54,810,772 State Funds $302,538,461 State General Funds $302,538,461 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $292,105,724 $359,709,622 Annualize the cost of the FY2006 salary adjustment. $2,326,691 $2,326,691 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $5,141,940 $5,141,940 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $5,734,060 $5,734,060 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $293,837 $293,837 Add funds to correct personal services error in Administration ($414,434), Adult Literacy ($159,014), Economic Development ($373,280) and Technical Education ($190,188). $190,188 $190,188 THURSDAY, MARCH 30, 2006 5977 Realign programs to meet actual expenditures and properly reflect funds for administration by transferring funds from Adult Literacy (Total Funds: $1,001,004) and Technical Education (Total Funds: $4,898,960). ($3,190,979) ($4,898,960) (CC:YES) Redirect $7,500,000 in one-time funds for HVAC and roof repair from Operating Expenses - Colleges to Personal Services - Colleges in the Technical Education program to help correct personal services error. $0 $0 (CC:YES) Reduce formula funding to reflect a decline in enrollment and credit hours. ($250,000) ($250,000) Provide funding for a pest control certification testing program at Technical Colleges. $52,000 $52,000 Provide funds for Augusta Technical College satellite campus. $135,000 $135,000 Reflect $3,500,000 in base budget funds from Temporary Assistance for Needy Families from the Department of Human Resources. $0 $0 Amount appropriated in this Act $302,538,461 $368,434,378 Section 46: Transportation, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Other Funds Federal Highway Administration Highway Planning and Construction Federal Transit Administration Capital Investment Grants State Funds State Motor Fuel State General Funds Intra-State Government Transfers Other Intra-State Government Payments $1,850,000,106 $1,185,310,849 $63,652,948 $8,717,460 $82,010 $1,100,000,000 $12,858,431 $664,031,462 $646,759,400 $17,272,062 $657,795 $657,795 It is the intent of this General Assembly that the following provisions apply: 5978 JOURNAL OF THE HOUSE 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 appropriation 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 onsystem 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. g.) No State Funds or proceeds of General Obligation Debt shall be utilized for the acquisition, construction, development, extension, enlargement, rehabilitation or improvement of any commuter rail passenger facilities unless otherwise specifically appropriated thereby herein. 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 $69,679,662 Federal and Other Funds $10,432,313 Agency Funds $816,960 Other Funds $82,010 Federal Highway Administration Highway Planning and Construction $9,533,343 State Funds $59,247,349 State Motor Fuel $59,232,851 THURSDAY, MARCH 30, 2006 5979 State General Funds $14,498 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $41,568,294 $53,405,873 Annualize the cost of the FY2006 salary adjustment. $437,533 $437,533 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $516,809 $516,809 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $3,658 $3,658 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $867,664 $867,664 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $771 $771 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. $32,400 $32,400 Replace prior-year motor fuel funds with current-year $1,405,266 $0 motor fuel funds. Transfer funds from the Administration (Total Funds: $495,078) and State Highway System Construction and Improvement (Total Funds: $161,013) programs to the Data Collection, Compliance and Reporting (Total Funds: $161,013), Local Road Assistance (Total Funds: $274,658) and State Highway Operations (Total Funds: $220,420) programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. ($179,495) ($495,078) Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. $179,495 $495,078 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. $55,000 $55,000 5980 JOURNAL OF THE HOUSE Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Adjust the position count by subprogram to reflect the personal services projection. Delete funding for the I-3 and I-14 Interstate Highway Association in the Administration program. Amount appropriated in this Act $14,459,954 $0 ($100,000) $59,247,349 $14,459,954 $0 ($100,000) $69,679,662 Air Transportation The purpose is to provide air transportation to state officials and companies considering a move to Georgia and conducting aerial photography flights. Total Funds $2,153,330 State Funds $1,495,535 State General Funds $1,495,535 Intra-State Government Transfers $657,795 Other Intra-State Government Payments $657,795 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,354,828 $2,012,623 Annualize the cost of the FY2006 salary adjustment. $11,763 $11,763 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $11,046 $11,046 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $23,327 $23,327 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $2,571 $2,571 Provide for aircraft inspections required by the Federal Aviation Administration for 2 KingAirs in the Air Transportation program. $92,000 $92,000 Amount appropriated in this Act $1,495,535 $2,153,330 Airport Aid The purpose is to support statewide economic development by providing the THURSDAY, MARCH 30, 2006 5981 infrastructure for a safe, efficient, and adequate air transportation system and to award grants from the Airport Fund. Total Funds $12,621,247 Federal and Other Funds $6,000,000 Federal Funds Not specifically Identified $6,000,000 State Funds $6,621,247 State General Funds $6,621,247 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,459,409 $11,459,409 Annualize the cost of the FY2006 salary adjustment. $2,803 $2,803 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $2,632 $2,632 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $5,559 $5,559 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $514 $514 Increase grant funding for the Airport Aid program to provide for needed maintenance and improvements at Georgia's public airports. (CC:YES;Provide for improvements to Macon airport ($100,000)) $1,213,950 $1,213,950 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. ($63,620) ($63,620) Amount appropriated in this Act $6,621,247 $12,621,247 Data Collection, Compliance and Reporting The purpose is to provide quality transportation data products in the appropriate format within an acceptable timeframe that meet the needs of the state's business partners. Total Funds $12,427,260 Federal and Other Funds $8,332,514 Federal Funds Not specifically Identified $4,485,719 Agency Funds $62,257 Federal Highway Administration Highway Planning and $3,784,538 5982 JOURNAL OF THE HOUSE Construction State Funds State Motor Fuel State General Funds $4,094,746 $3,252,278 $842,468 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $2,396,794 $6,296,433 Annualize the cost of the FY2006 salary adjustment. $49,402 $49,402 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $51,349 $51,349 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $5,932 $5,932 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $97,968 $97,968 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $1,929 $1,929 Replace prior-year motor fuel funds with current-year $52,844 $0 motor fuel funds. Transfer funds from the Administration (Total Funds: $495,078) and State Highway System Construction and Improvement (Total Funds: $161,013) programs to the Data Collection, Compliance and Reporting (Total Funds: $161,013), Local Road Assistance (Total Funds: $274,658) and State Highway Operations (Total Funds: $220,420) programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. $47,047 $161,013 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. $624,301 $3,310,880 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. ($47,047) ($161,013) THURSDAY, MARCH 30, 2006 5983 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Adjust the position count by subprogram to reflect the personal services projection. Increase funds from the Federal Highway Administration by $51,881,934 from $1.1 billion to $1,151,881,934 and provide the associated state match of $11,388,717 offset by $59,271,758 in toll credits. Amount appropriated in this Act $389,294 $30,000 $0 $394,933 $4,094,746 $389,294 $30,000 $0 $2,194,073 $12,427,260 Local Road Assistance The purpose is to provide contracts with local governments to assist in the construction and reconstruction of their road, bridge, and street systems. Total Funds $220,692,792 Federal and Other Funds $70,253,903 Federal Funds Not specifically Identified $2,229,632 Agency Funds $595,233 Federal Highway Administration Highway Planning and Construction $67,429,038 State Funds $150,438,889 State Motor Fuel $150,438,889 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $88,634,898 $159,648,261 Annualize the cost of the FY2006 salary adjustment. $233,323 $233,323 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $278,075 $278,075 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $462,697 $462,697 5984 JOURNAL OF THE HOUSE Transfer funds from the Administration (Total Funds: $495,078) and State Highway System Construction and Improvement (Total Funds: $161,013) programs to the Data Collection, Compliance and Reporting (Total Funds: $161,013), Local Road Assistance (Total Funds: $274,658) and State Highway Operations (Total Funds: $220,420) programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Replace prior-year motor fuel funds with current-year motor fuel funds. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Adjust the position count by subprogram to reflect the personal services projection. Increase funds from the Federal Highway Administration by $51,881,934 from $1.1 billion to $1,151,881,934 and provide the associated state match of $11,388,717 offset by $59,271,758 in toll credits. Provide $117,000,000 for the local road initiative "Paving the Way Home" by increasing the local assistance road program (LARP) from $38 million to $60 million, state fund construction/off-system from $130,024 $50,300 ($31,777) $2,989,092 ($130,024) $152,000 $1,893,583 $0 $489,432 $55,187,266 $274,658 $50,300 ($31,777) $0 ($274,658) $152,000 $1,893,583 $0 $2,719,064 $55,187,266 THURSDAY, MARCH 30, 2006 5985 $18,562,534 to $34 million and state fund construction/most-needed from $6,583,667 to $23 million. (CC:Provide $7,900,000 in additional funding to LARP.) Provide signage for tourism for the Northeast Georgia Mountains. (CC:YES) Amount appropriated in this Act $100,000 $150,438,889 $100,000 $220,692,792 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 $1,160,783 State Funds $1,160,783 State General Funds $1,160,783 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $1,119,230 $1,119,230 Annualize the cost of the FY2006 salary adjustment. $1,743 $1,743 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $1,637 $1,637 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $3,457 $3,457 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $257 $257 Provide funds to the Ports and Waterways program for South Carolina's projected property tax increase for department-owned land in Jasper County, South Carolina. $109,000 $109,000 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. ($55,006) ($55,006) Amount appropriated in this Act $1,160,783 $1,160,783 5986 JOURNAL OF THE HOUSE 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 $184,369 State Funds $184,369 State General Funds $184,369 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $657,658 $657,658 Annualize the cost of the FY2006 salary adjustment. $2,621 $2,621 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $2,461 $2,461 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $5,198 $5,198 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $514 $514 Transfer funds from the Airport Aid ($5,701), Ports and Waterways ($19,535), Rail ($25,120) and Transit ($428,038) programs to the Administration program ($478,394) to consolidate administrative functions. ($25,120) ($25,120) Reduce funding for the Georgia Rail Passenger Authority contract in the Rail program. ($32,200) ($32,200) Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. ($98,263) ($98,263) Adjust the position count by subprogram to reflect the $0 $0 personal services projection. Delete one-time funding for the Atlanta-to-Charlotte high-speed rail study in the Rail program. ($203,500) ($203,500) Reduce Rail Program funding. (CC:YES) ($200,000) ($200,000) Provide funds for the St. Mary's railroad. (CC:See $0 $0 Bonds.) Provide funding for implementation plan for freight and passenger rail modernization along Interstate 85 $75,000 $75,000 THURSDAY, MARCH 30, 2006 5987 freight corridor. (CC:YES) Amount appropriated in this Act $184,369 $184,369 State Highway System Construction and Improvement The purpose is to ensure a safe and efficient transportation system. Total Funds Federal and Other Funds Federal Funds Not specifically Identified Agency Funds Federal Highway Administration Highway Planning and Construction State Funds State Motor Fuel $1,061,482,399 $875,809,270 $29,318,795 $165,000 $846,325,475 $185,673,129 $185,673,129 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $223,494,656 $1,080,389,619 Annualize the cost of the FY2006 salary adjustment. $741,031 $741,031 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $883,161 $883,161 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $1,469,525 $1,469,525 Transfer funds from the Administration (Total Funds: $495,078) and State Highway System Construction and Improvement (Total Funds: $161,013) programs to the Data Collection, Compliance and Reporting (Total Funds: $161,013), Local Road Assistance (Total Funds: $274,658) and State Highway Operations (Total Funds: $220,420) programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. ($47,047) ($161,013) Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. ($1,901,580) ($10,005,157) 5988 JOURNAL OF THE HOUSE Replace prior-year motor fuel funds with current-year $10,404,488 $0 motor fuel funds. Restore contract funds that were used to fund the first 6 months of the FY 2006 pay raise. $998,499 $998,499 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. ($198,600) ($198,600) Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. ($5,818,993) ($5,818,993) Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. $91,500 $91,500 Provide $117,000,000 for the local road initiative "Paving the Way Home" by increasing the local assistance road program (LARP) from $38 million to $60 million, state fund construction/off-system from $18,562,534 to $34 million and state fund construction/most-needed from $6,583,667 to $23 million. $6,566,533 $6,566,533 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. $47,047 $161,013 Adjust the position count by subprogram to reflect the $0 $0 personal services projection. Increase funds from the Federal Highway Administration by $51,881,934 from $1.1 billion to $1,151,881,934 and provide the associated state match of $11,388,717 offset by $59,271,758 in toll credits. ($51,057,091) ($13,634,719) Amount appropriated in this Act $185,673,129 $1,061,482,399 State Highway System Maintenance The purpose is to coordinate all statewide maintenance activities. Total Funds Federal and Other Funds Federal Funds Not specifically Identified $334,648,038 $156,154,622 $4,646,802 THURSDAY, MARCH 30, 2006 5989 Agency Funds Federal Highway Administration Highway Planning and Construction State Funds State Motor Fuel $3,049,770 $148,458,050 $178,493,416 $178,493,416 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $177,960,168 $335,754,789 Annualize the cost of the FY2006 salary adjustment. $948,594 $948,594 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $1,130,535 $1,130,535 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $1,881,140 $1,881,140 Replace prior-year motor fuel funds with current-year $6,286,801 $0 motor fuel funds. Restore contract funds that were used to fund the first 6 $1,700,709 months of the FY 2006 pay raise. $1,700,709 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. ($11,992,738) ($11,992,738) Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. ($79,950) ($79,950) Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. ($291,480) ($419,072) Adjust the position count by subprogram to reflect the $0 $0 personal services projection. Increase funds from the Federal Highway Administration by $51,881,934 from $1.1 billion to $1,151,881,934 and provide the associated state match of $11,388,717 offset by $59,271,758 in toll credits. $1,048,037 $5,822,431 5990 JOURNAL OF THE HOUSE Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Amount appropriated in this Act ($98,400) $178,493,416 ($98,400) $334,648,038 State Highway System Operations The purpose is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management. Total Funds $62,366,766 Federal and Other Funds $39,696,782 Federal Funds Not specifically Identified $11,200,986 Agency Funds $4,026,240 Federal Highway Administration Highway Planning and Construction $24,469,556 State Funds $22,669,984 State Motor Fuel $22,669,984 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $17,240,493 $46,315,075 Annualize the cost of the FY2006 salary adjustment. $233,641 $233,641 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $278,453 $278,453 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $463,330 $463,330 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. $1,600,536 $7,145,126 Replace prior-year motor fuel funds with current-year $578,786 $0 motor fuel funds. Transfer funds from the Administration (Total Funds: $495,078) and State Highway System Construction and Improvement (Total Funds: $161,013) programs to the Data Collection, Compliance and Reporting (Total $49,471 $220,420 THURSDAY, MARCH 30, 2006 5991 Funds: $161,013), Local Road Assistance (Total Funds: $274,658) and State Highway Operations (Total Funds: $220,420) programs to reverse action taken in Amendment 1, correcting the base budget to comply with Section 56 of HB 85. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Adjust the position count by subprogram to reflect the personal services projection. Increase funds from the Federal Highway Administration by $51,881,934 from $1.1 billion to $1,151,881,934 and provide the associated state match of $11,388,717 offset by $59,271,758 in toll credits. Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. Amount appropriated in this Act $90,000 $1,067,347 ($124,250) $0 $1,241,648 ($49,471) $22,669,984 $90,000 $1,067,347 ($124,250) $0 $6,898,044 ($220,420) $62,366,766 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 $25,584,607 Federal and Other Funds $18,631,445 Federal Funds Not specifically Identified $5,771,014 Agency Funds $2,000 Federal Transit Administration Capital Investment Grants $12,858,431 State Funds $6,953,162 State General Funds $6,953,162 5992 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,129,480 $17,989,911 Annualize the cost of the FY2006 salary adjustment. $3,189 $3,189 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $2,995 $2,995 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $6,323 $6,323 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $771 $771 Provide funding for the Transit program to cover a cost increase in the rail safety oversight contract. $20,000 $20,000 Realign funds among programs to properly align personal services, equipment, motor vehicle and other expenses, and to complete the consolidation of the materials and research office. $218,442 $218,442 Increase federal funds from the Federal Transit Agency ($5,771,014) in the Transit program. $0 $5,771,014 Increase funding for mass transit grants in the Transit program leveraging additional local and federal funds. $2,000,000 $2,000,000 Adjust the position count by subprogram to reflect the $0 $0 personal services projection. Amount appropriated in this Act $6,953,162 $25,584,607 The following appropriations are for agencies attached for administrative purposes. Payments to State Road and Tollway Authority The purpose is to provide funds through the State Road and Tollway Authority for Bond Trustees for debt service payments on Guaranteed Revenue Bonds. Total Funds $46,998,853 State Funds $46,998,853 State Motor Fuel $46,998,853 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 30, 2006 5993 Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Decrease payments to the State Road and Tollway Authority from $54,000,460 to $46,998,853 to reflect the current debt service payment schedule. Amount appropriated in this Act State Funds $54,000,460 $0 ($7,001,607) Total Funds $54,000,460 $0 ($7,001,607) $46,998,853 $46,998,853 Section 47: Veterans Service, Department of Total Funds Federal and Other Funds Federal Funds Not specifically Identified State Funds State General Funds Intra-State Government Transfers $34,134,044 $10,989,011 $10,989,011 $23,145,033 $23,145,033 $0 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 $745,993 Federal and Other Funds $81,369 Federal Funds Not specifically Identified $81,369 State Funds $664,624 State General Funds $664,624 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $676,034 $755,909 Annualize the cost of the FY2006 salary adjustment. $4,493 $4,493 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $4,236 $4,236 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $9,360 $9,360 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from $8,468 $9,962 5994 JOURNAL OF THE HOUSE 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Realign funds from Administration to Field Operations to properly reflect planned expenditures in ROE Projects & Insurance. (G: Yes) Amount appropriated in this Act $912 ($38,879) $912 ($38,879) $664,624 $745,993 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 $406,183 State Funds $406,183 State General Funds $406,183 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $297,683 $297,683 Annualize the cost of the FY2006 salary adjustment. $1,498 $1,498 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $2,647 $2,647 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $5,535 $5,535 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $553 $553 Increase personal services for start-up funding of 5 positions at the Georgia Veterans Memorial Cemetery in Glenville. $98,267 $98,267 Amount appropriated in this Act $406,183 $406,183 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 $8,040,289 Federal and Other Funds $3,104,750 Federal Funds Not specifically Identified $3,104,750 THURSDAY, MARCH 30, 2006 5995 State Funds State General Funds $4,935,539 $4,935,539 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $4,437,230 $7,541,980 Annualize the cost of the FY2006 salary adjustment. $48,206 $48,206 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $50,103 $50,103 Provide funding to the Augusta Nursing Home to aid in offsetting rising healthcare and pharmaceuticals costs. $400,000 $400,000 (CC:YES) Amount appropriated in this Act $4,935,539 $8,040,289 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 $18,593,248 Federal and Other Funds $7,225,135 Federal Funds Not specifically Identified $7,225,135 State Funds $11,368,113 State General Funds $11,368,113 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $10,392,240 $17,617,375 Replace 5 hospital beds at the Georgia War Veterans home in Milledgeville. $8,825 $8,825 Increase contracts to re-open the 2nd floor of the Vinson Building at the Georgia War Veterans Nursing Home in Milledgeville. (CC:YES) $967,048 $967,048 Amount appropriated in this Act $11,368,113 $18,593,248 Veterans Benefits The purpose is to serve Georgia's veterans, their dependents and survivors in all matters 5996 JOURNAL OF THE HOUSE 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 $6,348,331 Federal and Other Funds $577,757 Federal Funds Not specifically Identified $577,757 State Funds $5,770,574 State General Funds $5,770,574 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $5,537,168 $6,111,559 Annualize the cost of the FY2006 salary adjustment. $43,943 $43,943 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $46,064 $46,064 Provide for an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. $15,271 $15,271 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $91,830 $95,196 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $9,339 $9,339 Realign funds from Administration to Field Operations to properly reflect planned expenditures in ROE Projects & Insurance. (G: Yes) $38,879 $38,879 Reduce real estate rentals for the Savannah field office in the Veteran Benefits program. ($11,920) ($11,920) Amount appropriated in this Act $5,770,574 $6,348,331 Section 48: Workers' Compensation, State Board of Total Funds Federal and Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $16,220,599 $120,000 $120,000 $16,100,599 $16,100,599 $0 THURSDAY, MARCH 30, 2006 5997 Administer the Workers' Comp Laws To provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation Law. Total Funds $9,901,446 State Funds $9,901,446 State General Funds $9,901,446 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $9,366,793 $9,366,793 Annualize the cost of the FY2006 salary adjustment. $81,141 $81,141 Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. $91,317 $91,317 Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. $171,647 $171,647 Increase funds to reflect an adjustment in the Workers' Compensation premiums. $11,255 $11,255 Redirect funds from contracts ($60,000) and Payments to State Treasury ($317,619) to 5 vacant positions ($334,619), travel ($10,000), and purchase tracking software ($33,000). $179,293 $179,293 Amount appropriated in this Act $9,901,446 $9,901,446 Administration 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 $6,319,153 Federal and Other Funds $120,000 Agency Funds $120,000 State Funds $6,199,153 State General Funds $6,199,153 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 5998 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 85) Annualize the cost of the FY2006 salary adjustment. Provide for a salary increase in FY 2007 of up to 4% effective January 1, 2007. Increase funds to reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 14.20% to 16.713%. Increase funds to reflect an adjustment in the Workers' Compensation premiums. Reflect other funds reduction in the Administrative program. (Other funds: $120,000) Redirect funds from contracts ($60,000) and Payments to State Treasury ($317,619) to 5 vacant positions ($334,619), travel ($10,000), and purchase tracking software ($33,000). Amount appropriated in this Act State Funds $6,330,487 $14,333 $11,198 Total Funds $6,570,487 $14,333 $11,198 $21,048 $21,048 $1,380 $1,380 $0 ($120,000) ($179,293) ($179,293) $6,199,153 $6,319,153 Section 49: General Obligation Debt Sinking Fund Total Funds Federal and Other Funds State Funds State Motor Fuel State General Funds Intra-State Government Transfers GO Bonds Issued Total Funds State Funds State Motor Fuel State General Funds $867,362,477 $0 $867,362,477 $155,000,000 $712,362,477 $0 $719,349,981 $719,349,981 $155,000,000 $564,349,981 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $749,590,893 $749,590,893 THURSDAY, MARCH 30, 2006 5999 Transfer debt service funds from Authorized Under Previous Appropriations Act to General Obligation Debt Sinking Fund (Issued). Repeal the authorization of $900,000 in 20-year bonds for the Traditional Industries Program research equipment. Decrease debt service for existing obligations on issued bonds. Adjust debt service to reflect savings due to a refinancing of bonds. Amount appropriated in this Act $104,606,858 $104,606,858 ($78,300) ($78,300) ($131,022,427) ($131,022,427) ($3,747,043) ($3,747,043) $719,349,981 $719,349,981 GO Bonds New Total Funds State Funds State General Funds $148,012,496 $148,012,496 $148,012,496 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $80,817,429 $80,817,429 Total of Debt Service on Bonds Associated with this Program $97,815,067 $97,815,067 Adjust debt service for Motor Fuel Tax Funds for transportation related bonds. ($30,620,000) ($30,620,000) Amount appropriated in this Act $148,012,496 $148,012,496 Bond Financing Appropriated: [Bond #1] From the appropriation designated "State General Funds (New)", $9,224,731 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 $107,980,000 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)", $12,588,538 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 $147,355,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty 6000 JOURNAL OF THE HOUSE months. [Bond #3] From the appropriation designated "State General Funds (New)", $10,297,305 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 $120,535,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #4] From the appropriation designated "State General Funds (New)", $588,613 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 $6,890,000 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)", $3,128,160 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $13,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond #6] From the appropriation designated "State General Funds (New)", $5,760,000 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 $45,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. [Bond #7] From the appropriation designated "State General Funds (New)", $286,140 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,255,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond #8] From the appropriation designated "State General Funds (New)", $5,125,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $60,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. THURSDAY, MARCH 30, 2006 6001 [Bond #9] From the appropriation designated "State General Funds (New)", $3,203,625 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 $37,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #10] From the appropriation designated "State General Funds (New)", $427,150 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #11] From the appropriation designated "State General Funds (New)", $418,607 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #12] From the appropriation designated "State General Funds (New)", $324,634 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #13] From the appropriation designated "State General Funds (New)", $401,521 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #14] From the appropriation designated "State General Funds (New)", $4,339,980 is specifically appropriated for the purpose of financing projects and facilities for the 6002 JOURNAL OF THE HOUSE Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $19,035,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond #15] From the appropriation designated "State General Funds (New)", $3,246,340 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 $38,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #16] From the appropriation designated "State General Funds (New)", $427,150 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #17] From the appropriation designated "State General Funds (New)", $196,489 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #18] From the appropriation designated "State General Funds (New)", $427,150 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #19] From the appropriation designated "State General Funds (New)", $397,250 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, THURSDAY, MARCH 30, 2006 6003 property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #20] From the appropriation designated "State General Funds (New)", $414,336 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,850,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #21] From the appropriation designated "State General Funds (New)", $427,150 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #22] From the appropriation designated "State General Funds (New)", $119,602 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #23] From the appropriation designated "State General Funds (New)", $427,150 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #24] From the appropriation designated "State General Funds (New)", $384,435 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 6004 JOURNAL OF THE HOUSE $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #25] From the appropriation designated "State General Funds (New)", $401,521 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #26] From the appropriation designated "State General Funds (New)", $410,064 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #27] From the appropriation designated "State General Funds (New)", $427,150 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #28] From the appropriation designated "State General Funds (New)", $341,720 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #29] From the appropriation designated "State General Funds (New)", $401,521 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. THURSDAY, MARCH 30, 2006 6005 [Bond #30] From the appropriation designated "State General Funds (New)", $51,258 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 $600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #31] From the appropriation designated "State General Funds (New)", $170,860 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 Live Oak 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 #32] From the appropriation designated "State General Funds (New)", $115,758 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,355,000 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)", $1,309,215 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 $15,325,000 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)", $1,792,080 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 $7,860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond #35] From the appropriation designated "State General Funds (New)", $961,515 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, 6006 JOURNAL OF THE HOUSE highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $11,255,000 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)", $426,723 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 $4,995,000 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)", $954,253 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 $11,170,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #38] From the appropriation designated "State General Funds (New)", $180,684 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 $2,115,000 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)", $138,397 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,620,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #40] From the appropriation designated "State General Funds (New)", $879,929 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,300,000 in THURSDAY, MARCH 30, 2006 6007 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)", $598,010 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 $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #42] From the appropriation designated "State General Funds (New)", $239,204 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #43] From the appropriation designated "State General Funds (New)", $644,997 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 $7,550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #44] From the appropriation designated "State General Funds (New)", $156,337 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,830,000 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)", $78,596 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 $920,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. 6008 JOURNAL OF THE HOUSE [Bond #46] From the appropriation designated "State General Funds (New)", $1,214,387 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 $14,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #47] From the appropriation designated "State General Funds (New)", $281,919 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 $3,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #48] From the appropriation designated "State General Funds (New)", $337,449 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 $3,950,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #49] From the appropriation designated "State General Funds (New)", $38,444 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 $450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #50] From the appropriation designated "State General Funds (New)", $884,201 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #51] From the appropriation designated "State General Funds (New)", $27,765 is specifically appropriated for the purpose of financing projects and facilities for the Board THURSDAY, MARCH 30, 2006 6009 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 $325,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bonds #52] From the appropriation designated "State General Funds (New)", 385,716 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,515,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #53] From the appropriation designated "State General Funds (New)", $405,840 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,780,000 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)", $798,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 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)", $456,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 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)", $102,516 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, 6010 JOURNAL OF THE HOUSE 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 #57] From the appropriation designated "State General Funds (New)", $640,725 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #58] From the appropriation designated "State General Funds (New)", $91,200 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 $400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond #59] From the appropriation designated "State General Funds (New)", $68,400 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 $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty. [Bond #60] From the appropriation designated "State General Funds (New)", $85,430 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. [Bond #61] From the appropriation designated "State General Funds (New)", $83,721 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $980,000 in principal THURSDAY, MARCH 30, 2006 6011 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)", $256,717 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,005,000 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)", $32,036 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $375,000 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)", $474,991 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #65] From the appropriation designated "State General Funds (New)", $237,068 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,775,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #66] From the appropriation designated "State General Funds (New)", $216,565 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,535,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. 6012 JOURNAL OF THE HOUSE [Bond #67] From the appropriation designated "State General Funds (New)", $165,300 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $725,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond #68] From the appropriation designated "State General Funds (New)", $281,065 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,290,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #69] From the appropriation designated "State General Funds (New)", $220,409 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,580,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #70] From the appropriation designated "State General Funds (New)", $30,780 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $135,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond #71] From the appropriation designated "State General Funds (New)", $146,512 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,715,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #72] From the appropriation designated "State General Funds (New)", $1,201,560 is specifically appropriated for the purpose of financing projects and facilities for the THURSDAY, MARCH 30, 2006 6013 Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond #73] From the appropriation designated "State General Funds (New)", $1,250,580 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,485,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond #74] From the appropriation designated "State General Funds (New)", $683,440 is specifically appropriated for the purpose of financing projects and facilities for the Georgia State Financing and Investment 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 $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred twenty months. [Bond #75] From the appropriation designated "State General Funds (New)", $939,730 is specifically appropriated for the purpose of financing projects and facilities for the Department of Economic Development by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 forty months. [Bond #76] From the appropriation designated "State General Funds (New)", $342,000 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. [Bond #77] From the appropriation designated "State General Funds (New)", $51,258 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, 6014 JOURNAL OF THE HOUSE equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #78] From the appropriation designated "State General Funds (New)", $228,000 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 sixty months. [Bond #79] From the appropriation designated "State General Funds (New)", $170,860 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 #80] From the appropriation designated "State General Funds (New)", $228,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond #81] From the appropriation designated "State General Funds (New)", $170,860 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 #82] From the appropriation designated "State General Funds (New)", $598,010 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in THURSDAY, MARCH 30, 2006 6015 principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #83] From the appropriation designated "State General Funds (New)", $29,901 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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. [Bond #84] From the appropriation designated "State General Funds (New)", $375,040 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,930,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. [Bond #85] From the appropriation designated "State General Funds (New)", $3,673,490 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 $43,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #86] From the appropriation designated "State General Funds (New)", $768,870 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 $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #87] From the appropriation designated "State General Funds (New)", $299,005 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. 6016 JOURNAL OF THE HOUSE [Bond #88] From the appropriation designated "State General Funds (New)", $691,983 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 $8,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #89] From the appropriation designated "State General Funds (New)", $243,960 is specifically appropriated for the purpose of financing projects and facilities for the Department of Labor by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,070,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond #90] From the appropriation designated "State General Funds (New)", $319,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Labor by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond #91] From the appropriation designated "State General Funds (New)", $684,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Revenue by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond #92] From the appropriation designated "State General Funds (New)", $1,358,337 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 $15,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #93] From the appropriation designated "State General Funds (New)", $273,376 is specifically appropriated for the purpose of financing projects and facilities for the THURSDAY, MARCH 30, 2006 6017 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 $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #94] From the appropriation designated "State General Funds (New)", $805,178 is specifically appropriated for the purpose of financing projects and facilities for the Georgia World Congress Center Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #95] From the appropriation designated "State General Funds (New)", $592,800 is specifically appropriated for the purpose of financing projects and facilities for the Georgia State Financing and Investment 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 $2,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond #96] From the appropriation designated "State General Funds (New)", $478,408 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 $5,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond #97] From the appropriation designated "State General Funds (New)", $68,344 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 $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 #98] From the appropriation designated "State General Funds (New)", $64,073 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, 6018 JOURNAL OF THE HOUSE structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Authorized Under Previous Appropriations Act The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 85) $104,606,858 $104,606,858 Transfer funds from Authorized Under Previous Appropriations Act to General Obligation Debt Sinking Fund (Issued). ($104,606,858) ($104,606,858) Amount appropriated in this Act $0 $0 Section 50: Federal Funds To the extent to which Federal Funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. Section 51: Refunds In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. Section 52: Supplanting Federal Funds No State appropriations authorized under this Act shall be used to continue programs THURSDAY, MARCH 30, 2006 6019 currently funded entirely with Federal funds. Section 53: Leases 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 54: Flex 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 state funds 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. Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose or any other lawful purpose consistent with the fund source and the general law powers of the budget unit. This paragraph does not: (1) permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes; (2) 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 55: Salary Adjustments The appropriations to agencies made above include funds for, and have the added purpose of, the following salary increases, administered in conformity with the applicable compensation and performance management plans: 1.) A general salary increase, not to exceed four percent, for employees of the Executive Branch, calculated as follows: 6020 JOURNAL OF THE HOUSE (a) For employees having salaries equal to or greater than the midpoint of their assigned pay grade, as shown on the 10/01/2002 Statewide Salary Plan approved by the State Personnel Board, a general salary increase of 2%; (b) For employees having salaries less than the midpoint of their assigned pay grade, as shown on the 10/01/2002 Statewide Salary Plan approved by the State Personnel Board, a general salary increase of 2% plus the percent obtained as follows: i.) Divide the difference between the midpoint and current salary by the difference between the midpoint and minimum salary, and then ii.) Multiply 2% by the fraction obtained in "i)" above; (c) For employees of the Executive Branch who are not paid under the Statewide Salary Plan, a general salary increase of 2% or 2% plus an additional percent up to 2% determined from calculations equivalent to those in 1(b) above, according to position under the applicable salary plan. (d) The amount for this Item is calculated according to an effective date of January 1, 2007. 2.) For personnel of the following agencies, in the indicated job titles, a general salary increase not to exceed 7%, calculated according to the method of Item 1 above except that the general increase will be 5% or 5% plus the stated fraction of 2%: (a) Department of Pardons and Paroles, in job titles: Parole Officer (Job Code:17527) and Parole Investigator (Job Code:17529). (b) Department of Corrections, in job titles: Correctional Officer (Job Code:17242), Probation Officer 1 and 2 (Job Code:17502), Fugitive Agent (GDC) (Job Code:07403), Canine Handler (Job Code:17101), Sergeant OID (Job Code:17233), Sergeant GDC (Job Code:17234), Transfer Officer (Job Code:17264), Investigator GDC (Job Code:17478), Probation Surveillance Officer (Job Code:17501) Probation Officer, Center (Job Code:17507), Probation Officer 3 (Job Code:17503) and Correctional Officer, Farm Services (Job Code:17259). THURSDAY, MARCH 30, 2006 6021 (c) Department of Public Safety, in job titles: Trooper First Class (Job Code: 17708), Trooper (Job Code: 17706), Cadet (DPS) (Job Code: 17707), Trooper Cadet/Trooper School (Job Code: 17710), MCCD Officer Cadet (Job Code: 17805) MCCD Corporal (Job Code: 17804), and MCCD Sergeant (Job Code: 17803). (d) Department of Juvenile Justice, in job titles: Juvenile Correctional Officer 1 (Job Code:17251), Juvenile Correctional Officer 2 (Job Code:17246), Transfer Officer (Job Code:17264), Juvenile Probation/Parole Specialist 1 (Job Code:17419) and Juvenile Probation/Parole Specialist 2 (Job Code: 17423). (e) Georgia Bureau of Investigation, in job titles: Special Agent 1 (Job Code:17456), Special Agent 2 (Job Code:17457), Special Agent 3 (Job Code:17453), ASAC/Multi-Jurisdic Task Force (Job Code:17433) and Narcotic Agent (Job Code:17497). (f) Department of Natural Resources, in job titles: Conservation Ranger First Class (Job Code: 17907) and Conservation Ranger (Job Code: 17911) (g) The amount for this Item is calculated according to an effective date of January 1, 2007. 3.) In lieu of other numbered items, to provide: (a) for the cost-of-living adjustment authorized by O.C.G.A. 45-7-4(b) for each state officer whose salary is set by Code Sections 45-7-4(a), in a percentage equal to the "average percentage of the general increase in salary authorized to employees of the executive, judicial, and legislative branches of government," as determined by the Office of Planning and Budget, with members of the General Assembly subject to the further provisions of O.C.G.A. 45-7-4(b) as to amount and effective date; (b) To provide for discretionary increases of up to 4% for other department heads and officers whose salary is not set by statute; (c) Subject to the provisions of O.C.G.A. 45-7-4(b), the amount for this Item is 6022 JOURNAL OF THE HOUSE calculated according to an effective date of January 1, 2007. 4.) In lieu of other numbered items, (a) to provide for a 4% increase across the State Salary Schedule of the State Board of Education through a 4% increase in the state base salary. This proposed 4% 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. This Item includes as well and without limitation teachers and administrators in state agencies whose salaries, by the authority of addenda to the Statewide Salary Plan, are determined from the State Salary Schedule of the State Board of Education. The amount for this paragraph is calculated according to an effective date of September 1, 2006; (b) To provide for a 4% increase in funding for salaries for lunchroom workers and for a 4% increase in the state base salary for local school bus drivers The amount for this paragraph is calculated according to an effective date of July 1, 2006. 5.) In lieu of other numbered items, to provide a 4% funding level for increases for teachers and other academic personnel within the Department of Early Care and Learning. The amount for this Item is calculated according to an effective date of August 1, 2006. 6.) In lieu of other numbered items, to provide a 4% funding level for merit increases for Regents faculty and non-academic personnel. The amount for this Item is calculated according to an effective date of January 1, 2007. 7.) In lieu of other numbered items, to provide a 4% salary increase for public librarians. The amount for this Item is calculated according to an effective date of January 1, 2007. 8.) In lieu of other numbered items, to provide for a 4% salary increase for teachers and support personnel within the Department of Technical and Adult Education. The amount for this Item is calculated according to an effective date of January 1, 2007. 9. In lieu of other numbered items, to provide for increases not to exceed 4% for employees of the Legislative and Judicial Branches. Section 56: General Obligation Bonds Repealed, Revised or Reinstated The following paragraph of Section 63 of the Amended General Appropriations Act for state fiscal year 2004-2005 is hereby repealed in its entirety: From the appropriation designated "State General Funds (New)", $78,300 is specifically THURSDAY, MARCH 30, 2006 6023 appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $900,000 in principal amount of General Obligation Debt, the instrument of which shall have maturities not in excess of sixty months. Section 57: Budgetary Control and Interpretation The appropriations in this Act consist of the amount stated, for each line at the lowest level of detail for State Funds, Federal Funds, and as provided by law for other funds, in each case as associated with the statement of Program Name and Program Purpose. Program Names appear as underlined captions, and Program Purpose appears immediately below as italicized text. Text within a box is not an appropriation and is for information only. The lowest level of detail for local assistance grants in Section 16 and the lowest level of detail for authorizations for general obligation debt in Section 49 are the authorizing paragraphs. Section 58: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 59: Repeal Conflicting Laws 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 1027. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Barnes Y Bearden Y 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 Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James N Jamieson Y Jenkins Y Jennings Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford 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 6024 JOURNAL OF THE HOUSE 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 Y Cooper Y Cox Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster E Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C 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 Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter N Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard N Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 168, nays 3. The motion prevailed. Representative Chambers of the 81st 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 1313. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others: A BILL to be entitled an Act to amend Title 8 of the O.C.G.A., relating to buildings and housing, Title 22 of the O.C.G.A., relating to eminent domain, and Title 36 of the O.C.G.A., relating to local government, so as to provide for the comprehensive revision of provisions regarding eminent domain; to provide for a short title; to change certain provisions regarding a housing authority's eminent domain power; to change certain language relating to blighted areas; to provide for a new definition of blighted areas; to change certain provisions regarding housing authorities power of eminent domain; to amend Chapter 3 of Title 23 of the O.C.G.A., relating to equitable remedies and proceedings, so as to grant standing to municipalities and counties to seek certain equitable remedies and proceedings; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 30, 2006 6025 The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 1313 The Committee of Conference on HB 1313 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1313 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ D. Balfour Senator, 9th District /s/ R. Golick Representative, 34th District /s/ John Wiles Senator, 37th District /s/ Wendell Willard Representative, 49th District /s/ Joseph Carter Senator, 13th District /s/ Barry A. Fleming Representative, 117th District A BILL To amend Titles 8, 22, 23, and 36 of the Official Code of Georgia Annotated, relating to buildings and housing, eminent domain, equity, and local government, respectively, so as to provide for the comprehensive revision of provisions regarding the power of eminent domain; to provide for a short title; to change certain provisions regarding a housing authority's power of eminent domain; to provide for a new definition of blighted properties; to provide for other definitions; to provide for a public use requirement for exercising the power of eminent domain; to change certain provisions relating to the power of eminent domain and the presumption of a public use; to provide for attorney fees in certain cases challenging the use of eminent domain; to provide certain exemptions to the applicability of the power of eminent domain to public utilities; to provide for certain changes regarding eminent domain to require a public use; to change certain provisions regarding when the use of eminent domain is allowed; to provide guidelines for the use of condemnation; to provide for practice and procedure relative to condemnation; to provide for testimony relative to the value of condemned property; to provide for expedited hearings; to provide that the Department of Community Affairs produce a standard notice of rights form; to repeal provisions relating to certain appeals from assessor's awards; to change compensation for special masters; to change provisions relating to the right of appealing the award of the special master in condemnation proceedings; to change provisions relating to the use of condemnation for waterworks; to 6026 JOURNAL OF THE HOUSE grant standing to municipalities, counties, and housing authorities to seek certain equitable remedies and proceedings; to provide for certain notification requirements; to provide for certain restrictions regarding the use of eminent domain under or in connection with a redevelopment plan and urban redevelopment; to change certain provisions regarding public hearings relating to redevelopment plans; to provide for the reconveyance of condemned property under certain circumstances; to provide for reimbursement of reasonable costs and expenses incurred because of condemnation proceedings; to provide for certain exemptions; to provide for revisions for purposes of conformity; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as "The Landowner's Bill of Rights and Private Property Protection Act." SECTION 2. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by inserting a new Code section in Part 2 of Article 1 of Chapter 3, relating to the powers of housing authorities generally, to read as follows: "8-3-31.1. (a) As used in this Code section, the term 'public use' shall have the meaning specified in Code Section 22-1-1. (b) Any exercise of the power of eminent domain under this chapter or Chapter 4 of this title must: (1) Be for a public use; and (2) Be approved by resolution of the governing body of the municipality or county in conformity with the procedures specified in Code Section 22-1-10." SECTION 3. Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, is amended by striking Code Section 22-1-1, relating to eminent domain definitions, and inserting in its place a new Code section to read as follows: "22-1-1. As used in this title, the term: (1) 'Blighted property,' 'blighted,' or 'blight' means any urbanized or developed property which: (A) Presents two or more of the following conditions: (i) Uninhabitable, unsafe, or abandoned structures; (ii) Inadequate provisions for ventilation, light, air, or sanitation; (iii) An imminent harm to life or other property caused by fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe respecting which the THURSDAY, MARCH 30, 2006 6027 Governor has declared a state of emergency under state law or has certified the need for disaster assistance under federal law; provided, however, this division shall not apply to property unless the relevant public agency has given notice in writing to the property owner regarding specific harm caused by the property and the owner has failed to take reasonable measures to remedy the harm; (iv) A site identified by the federal Environmental Protection Agency as a Superfund site pursuant to 42 U.S.C. Section 9601, et seq., or environmental contamination to an extent that requires remedial investigation or a feasability study; (v) Repeated illegal activity on the individual property of which the property owner knew or should have known; or (vi) The maintenance of the property is below state, county, or municipal codes for at least one year after notice of the code violation; and (B) Is conducive to ill health, transmission of disease, infant mortality, or crime in the immediate proximity of the property. Property shall not be deemed blighted because of esthetic conditions. (2) 'Common carrier' means any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid. (3) 'Condemnor' or 'condemning authority' means: (A) The State of Georgia or any branch or any department, board, commission, agency, or authority of the executive branch of the government of the State of Georgia; (B) Any county or municipality of the State of Georgia; (C) Any housing authority with approval of the governing authority of the city or county as provided in Code Section 8-3-31.1; (D) Any other political subdivision of the State of Georgia which possesses the power of eminent domain; and (E) All public utilities that possess the right or power of eminent domain. (4) 'Economic development' means any economic activity to increase tax revenue, tax base, or employment or improve general economic health, when the activity does not result in: (A) Transfer of land to public ownership; (B) Transfer of property to a private entity that is a public utility; (C) Lease of property to private entities that occupy an incidental area within a public project; or (D) The remedy of blight. (5) 'Each person with a legal claim' means the owner of the property or of any remainder, reversion, mortgage, lease, security deed, or other claim in the property. (1)(6) 'Interest' means any title or nontitle interest other than fee simple title. (2)(7) 'Persons' means individuals, partnerships, associations, and corporations, domestic or foreign. (3)(8) 'Property' means fee simple title. (9)(A) 'Public use' means: 6028 JOURNAL OF THE HOUSE (i) The possession, occupation, or use of the land by the general public or by state or local governmental entities; (ii) The use of land for the creation or functioning of public utilities; (iii) The opening of roads, the construction of defenses, or the providing of channels of trade or travel; (iv) The acquisition of property where title is clouded due to the inability to identify or locate all owners of the property; (v) The acquisition of property where unanimous consent is received from each person with a legal claim that has been identified and found; or (vi) The remedy of blight. (B) The public benefit of economic development shall not constitute a public use. (10) 'Public utility' means any publicly, privately, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil products, water, steam, clay, waste, storm water not connected with highway drainage, and other similar services and commodities, including publicly owned fire and police and traffic signals and street lighting systems, which directly or indirectly serve the public. This term also means a person, municipal corporation, county, state agency, or public authority which owns or manages a utility as defined in this paragraph. This term shall also include common carriers and railroads." SECTION 4. Said title is further amended by striking Code Section 22-1-2, relating to the nature of eminent domain, and inserting in its place a new Code section to read as follows: "22-1-2. (a) The right of eminent domain is the right of the state, through its regular organization, to reassert, either temporarily or permanently, its dominion over any portion of the soil of the state on account of public exigency and for the public good. Thus, in time of war or insurrection the proper authorities may possess and hold any part of the territory of the state for the common safety; and in time of peace the General Assembly may authorize the appropriation of the same to public purposes, such as the opening of roads, construction of defenses, or providing channels for trade or travel. Notwithstanding any other provisions of law, neither this state nor any political subdivision thereof nor any other condemning authority shall use eminent domain unless it is for public use. Public use is a matter of law to be determined by the court and the condemnor bears the burden of proof. (b) All condemnations shall not be converted to any use other than a public use for 20 years from the initial condemnation. (c)(1) If property acquired through the power of eminent domain from an owner fails to be put to a public use within five years, the former property owner may apply to the condemnor or its successor or assign for reconveyance or quitclaim of the property to the former property owner or for additional compensation for such property. For purposes of this subsection, property shall be considered to have been put to a public THURSDAY, MARCH 30, 2006 6029 use at the point in time when substantial good faith effort has been expended on a project to put the property to public use, notwithstanding the fact that the project may not have been completed. The application shall be in writing, and the condemnor or its successor or assign shall act on the application within 60 days by: (A) Executing a reconveyance or quitclaim of the property upon receipt of compensation not to exceed the amount of the compensation paid by the condemnor at the time of acquisition; or (B) Paying additional compensation to the former owner of the property, such compensation to be calculated by subtracting the price paid by the condemnor for the property at the time of acquisition from the fair market value of the property at the time the application is filed. (2) If the condemnor fails to take either action within 60 days, the former property owner may, within the next 90 days following, initiate an action in the superior court in the county in which the property is located to reacquire the property or receive additional compensation. (3) The condemnor shall provide notice to each former owner of the property prior to acquisition if the condemnor fails to put such property to a public use within five years. The condemnee shall have one year from the date notice is received to bring an application under this subsection. (d) In the case that property is acquired from more than one owner for the same public use and reconveyance or additional compensation to a single owner is impracticable, any party to the original condemnation or each person with a legal claim in such condemnation may file an action in the superior court in the county in which the property is located for an equitable resolution. (e) This Code section shall not apply to condemnations subject to Code Section 22-3162 or Title 32." SECTION 5. Said title is further amended by inserting new Code sections to read as follows: "22-1-9. In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for property owners, and to promote public confidence in land acquisition practices, all condemnations and potential condemnations shall, to the greatest extent practicable, be guided by the following policies and practices: (1) The condemning authority shall make every reasonable effort to acquire expeditiously real property by negotiation; (2) Where the condemning authority seeks to obtain a fee simple interest in real property, real property shall be appraised before the initiation of negotiations, and the owner or his or her designated representatives shall be given an opportunity to accompany the appraiser during his or her inspection of the property, except that the condemning authority may, by law, rule, regulation, or ordinance, prescribe a 6030 JOURNAL OF THE HOUSE procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value; (3) Before the initiation of negotiations for fee simple interest for real property the condemning authority shall establish an amount which it believes to be just compensation and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the condemning authority's independent appraisal of the fair market value of such property. The condemning authority shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount he or she established as just compensation. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated. The condemning authority shall consider alternative sites suggested by the owner of the property as of the compensation offered; (4) No owner shall be required to surrender possession of real property before the condemning authority pays the agreed purchase price or deposits with the court in accordance with this title, for the benefit of the owner, an amount not less than the condemning authority's appraisal of the fair market value of such property or the amount of the award of compensation in the condemnation proceeding for such property; (5) The construction or development of a project for public use shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling or to move his or her business or farm operation without at least 90 days written notice from the condemning authority of the date by which such move is required; (6) If the condemning authority permits an owner or tenant to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the condemning authority on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier; (7) In no event shall the condemnor act in bad faith in order to compel an agreement on the price to be paid for the property; (8) If any legal interest in real property is to be acquired by exercise of the power of eminent domain, the condemning authority shall institute formal condemnation proceedings. No condemnor shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his or her real property; and (9) A person whose real property is being acquired in accordance with this title may, after the person has been fully informed of his or her right to receive just compensation for such property, donate such property, any part thereof, any legal interest therein, or any compensation paid to a condemning authority, as such person shall determine. 22-1-10. (a) Prior to exercising the power of eminent domain, a governmental condemnor shall: THURSDAY, MARCH 30, 2006 6031 (1) Not less than 15 days before any meeting at which a resolution approving the exercise of eminent domain is to be considered, post a sign, if possible, in the right of way adjacent to each property that is subject to the proposed use of the eminent domain power stating the time, date, and place of such meeting; (2) Attempt to serve the condemnee personally with notice of the meeting not less than 15 days before any meeting at which such resolution is to be considered, unless service is acknowledged or waived by the condemnee. If the attempted service is unsuccessful, service of notice may be satisfied by mail or statutory overnight delivery to the property owner at the address of record and, if different from the property owner, to the parties in possession of the property, return receipt requested; (3) Ensure that any notice that is required by law to be published be placed in the county legal organ, but such notice shall not be published in the legal notices section of such newspaper; and (4) Ensure that any meeting at which such resolution is to be considered and voted on shall commence after 6:00 P.M. Any such resolution shall specifically and conspicuously delineate each parcel to be affected. (b) A nongovernmental condemnor shall, with respect to its exercise of the power of eminent domain in general, by action of the governing body or chief executive officer of the condemnor designate who is authorized to approve the exercise of the power of eminent domain by the condemnor and provide a method for documenting the time of the exercise of final approval of a particular exercise of the power of eminent domain by that individual or group of individuals. Such a condemning authority shall with respect to any particular exercise of the power of eminent domain: (1) Not less than 15 days before the documented time of approval of the exercise of eminent domain, post a sign, if possible, in the right of way adjacent to each property that is subject to the proposed use of the eminent domain power stating: (A) that the property is subject to a proposed condemnation which may be initiated after 15 days from the date of posting; (B) the date of posting; and (C) the name, business address, and telephone number of the condemnor; (2) Not less than 15 days before the documented time of approval of the exercise of eminent domain serve the condemnee personally with notice of the proposed condemnation stating: (A) that the property is subject to a proposed condemnation which may be initiated after 15 days from the date of service; (B) the date of service; and (C) the name, business address, and telephone number of the condemnor. If the attempted service is unsuccessful, service of notice may be satisfied by mail or statutory overnight delivery to the property owner at the address of record and, if different from the property owner, to the parties in possession of the property, return receipt requested; and (3) Provide the condemnee with an opportunity to meet with the individual or group of individuals having the power of documented approval or a representative of such individual or individuals. 6032 JOURNAL OF THE HOUSE (c) The condemnee may in writing waive any rights of the condemnee under this Code section. (d) Any notice required to be personally served or mailed under this Code section shall be accompanied by a written statement of the rights that the condemnee possesses including but not limited to the right to notice, damages, hearing, and appeal of any award entered by the special master as described in this title. The written statement of rights shall also include the right to bring a motion pursuant to Code Section 22-1-11 as well as a sample motion. The Department of Community Affairs shall promulgate written notice of rights forms that shall be used for purposes of this subsection. The Department of Community Affairs shall promulgate different notice forms for each of the types of condemnation proceedings authorized by law. This subsection shall not become effective until the Department of Community Affairs has promulgated the written notice of rights forms contemplated under this subsection and such forms shall be promulgated no later than January 1, 2007. (e) This Code section shall not apply to condemnations for the purposes of constructing or expanding one or more electric transmission lines, to condemnations pursuant to Code Section 46-8-121, or to any condemnations under Title 32. 22-1-10.1. (a) Except as provided in subsections (b) and (c) of this Code section, no action for condemnation may be brought in any court of this state until at least 30 days after the date of the resolution or documented approval described in Code Section 22-1-10. (b) If an emergency condition exists requiring the acquisition of property for the protection of the public health and safety, the condemnor may declare the existence of an emergency and adopt a resolution defining the emergency. Notice and hearing as required by Code Section 22-1-10 may be waived by the condemning body in an emergency condition. (c) This Code section shall not apply to the acquisition or condemnation of property where consent is received from each person with a legal claim that has been identified or found. 22-1-11. Before the vesting of title in the condemnor and upon motion of the condemnee, or within ten days of the entry of the special master's award by entry of exception to the case, the court shall determine whether the exercise of the power of eminent domain is for a public use and whether the condemning authority has the legal authority to exercise the power of eminent domain and may stay other proceedings of the condemnation pending the decision of the court. The condemning authority shall bear the burden of proof by the evidence presented that the condemnation is for a public use as defined in Code Section 22-1-1. Nothing in this Code section shall be construed to require the condemnee to seek or obtain a special master's award prior to a hearing or decision by the court under this Code section. THURSDAY, MARCH 30, 2006 6033 22-1-12. In all actions where a condemning authority exercises the power of eminent domain, the court having jurisdiction of a proceeding instituted by a condemnor to acquire real property by condemnation shall award the owner of any right or title to or interest in such real property such sum as will in the opinion of the court reimburse such owner for his or her reasonable costs and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings, if: (1) The final judgment is that the condemning authority cannot acquire the real property by condemnation; or (2) The proceeding is abandoned by the condemning authority. 22-1-13. In addition to the types of relocation damages permissible under law, any condemnee that is displaced as a result of the condemnation shall be entitled to: (1) Actual reasonable expenses in moving himself or herself, his or her family, business, farm operation, or other personal property within a reasonable distance from the property condemned; (2) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation; (3) Such other relocation expenses as authorized by law; and (4) With the consent of the condemnee, the condemnor may provide alternative site property as full or partial compensation. 22-1-14. (a) When property is condemned under this title or any other title of this Code, the value of the condemned property may be determined through lay or expert testimony and its admissibility shall be addressed to the sound discretion of the court. (b) If any party to a condemnation proceeding seeks to introduce expert testimony as to the issue of just and adequate compensation, Code Section 24-9-67.1 shall not apply." SECTION 6. Said title is further amended by repealing Code Section 22-2-84.1, relating to appeals to superior court from assessor's award, reasonable expenses, and liability of cost relating to issues of law. SECTION 7. Said title is further amended by striking Code Section 22-2-100, relating to the definition of "condemning body" and "condemnor," and inserting in its place a new Code section to read as follows: "22-2-100. As used in this article, 'condemning body' or 'condemnor' means: 6034 JOURNAL OF THE HOUSE (1) The State of Georgia or any branch or any department, board, commission, agency, or authority of the executive branch of the government of the State of Georgia; (2) Any county or municipality of the State of Georgia; (3) Any housing authority with approval of the governing authority of the city or county as provided in Code Section 8-3-31.1; (4) Any other political subdivision of the State of Georgia which is vested with possesses the power of eminent domain; and (5) All public utilities that possess the right or power of eminent domain. All other persons possessing the right or power of eminent domain." SECTION 8. Said title is further amended by striking Code Section 22-2-102, relating to filing a petition of condemnation and certain requirements and rights attached to said petition, and inserting in its place a new Code section to read as follows: "22-2-102. (a) In addition to the requirements set forth in Chapter 1 of this title, whenever Whenever it is desirable, for any reason, to arrive at a quick and certain determination of the compensation to be paid first to the condemnee for the taking or damaging of private property, the condemnor shall: (1) File file a petition in a superior court having jurisdiction for a judgment in rem against the property or interest therein, as provided in Code Section 22-2-130.; and (2) At or before the filing of the petition, the condemnor shall present a copy of the petition to a judge of the superior court of the county wherein the property or interest sought to be condemned is located. Thereupon, unless waived by the parties the judge shall have a hearing in court, in chambers, or by telephone with the parties not less than ten days nor more than 30 days from the filing of the petition to appoint a special master. After such hearing, the judge shall make an order requiring the condemnor, the person in possession of the property or interest, and any other person known to have any rights in the property each person with a legal claim or interest to appear at a hearing before a special master at a time and place specified in the order and to make known their rights, if any, in and to the property or interest sought to be condemned, their claims as to the value of the property or interest, and any other matters material to their respective rights. Except in condemnations for purposes of constructing or expanding one or more electric transmission lines, the (b) The hearing before the special master shall take place not less than ten 30 days nor more than 15 60 days after the date of service the entry of the order appointing the special master. In condemnations for purposes of constructing or expanding one or more electric transmission lines, the hearing before the special master shall take place not less than 30 days and not more than 40 days after the date of service of the order. (c) The order shall give such directions for notice and the service thereof as are appropriate and as are consistent with this article, in such manner as to provide most effectively an opportunity to all parties at interest to be heard. In condemnations for THURSDAY, MARCH 30, 2006 6035 purposes of constructing or expanding one or more electric transmission lines, in addition to service of the order, a copy of the order shall be mailed by certified mail or sent by statutory overnight delivery to any person shown by the public ad valorem tax records of the county in which the property is located to have an interest in the property and to any other person having open and obvious possession of the property. It shall not be necessary to attach any other process to the petition except the order so made, and the cause shall proceed as in rem." SECTION 9. Said title is further amended by striking Code Section 22-2-102.1, relating to petitioning superior court for judgment in rem in cases of eminent domain, and inserting in its place a new Code section to read as follows: "22-2-102.1. In addition to the requirements set forth in Code Section 22-1-10, whenever Whenever it shall be necessary for such condemning body to take or damage private property, or any interest or easement therein, in pursuance of any law so authorizing, for any public purpose use, and where, by reason of the necessities of the public needs, of which the condemning body shall be the exclusive judge, and it shall be desirable for these reasons to have a quick and effective adjudication of the just and adequate compensation to be paid the owner or owners of such property before taking the same, and it shall be desirable to have a judicial ascertainment and judicial supervision of all questions and proceedings connected with the matter, such condemning body may, through any authorized representative, petition the superior court of the county having jurisdiction, for a judgment in rem against said property, or any easement or other interest in said property, condemning the same in fee simple to the use of the petitioner upon payment of just and adequate compensation therefor." SECTION 10. Said title is further amended by striking Code Section 22-2-102.2, relating to contents of petition to superior court for judgment in rem in cases of eminent domain, and inserting in its place a new Code section to read as follows: "22-2-102.2. The petition referred to in Code Section 22-2-102.1 shall set forth: (1) The facts showing the right to condemn; (2) The property or interest to be taken or damaged; (3) The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known; (4) A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected; and (5) A statement setting forth the necessity to condemn the private property and describing the public use for which the condemnor seeks the property; and (5)(6) Such other facts as are necessary for a full understanding of the cause." 6036 JOURNAL OF THE HOUSE SECTION 11. Said title is further amended by striking Code Section 22-2-106, relating to compensation for special masters, and inserting in its place a new Code section to read as follows: "22-2-106. (a) The compensation of the special master shall be provided for by a proper order of the judge of the superior court; shall be included in and made a part of the judgment of the court condemning the property or any interest therein sought to be taken, such judgment to be based on the award of the special master; and shall be paid by the condemning body; and shall not be less than 50.00 per day nor more than $250.00 per day for the time actually devoted to the hearing and consideration of the matter by the special master. Such compensation shall be left to the discretion of the court and shall not exceed a reasonable hourly rate consistent with local standards unless otherwise agreed upon by the parties with consent of the court. The compensation of the special master shall be assessed as court costs and shall be paid prior to the filing of any appeal from the judgment of the court; provided, however, that if such compensation has not been determined and assessed at the time of filing any such appeal, the same shall be paid within 30 days from the date of assessment. (b) The judge may allow the special master a reasonable period of time for personal inspection of the premises and may compensate the special master for his or her time spent inspecting the premises and for any actual expenses incurred by him the special master in connection with the inspection, provided that the special master shall file an affidavit with the court showing his or her time spent in inspection and itemizing his or her expenses." SECTION 12. Said title is further amended by striking Code Section 22-2-110, relating to the award of the special master in a condemnation hearing and the form used therein, and inserting in its place a new Code section to read as follows: "22-2-110. (a) The award of the special master or the special master panel, in the event such a panel exists, shall be served in a manner consistent with Code Section 9-11-5 upon all the parties and filed with the clerk of the superior court of the county where the property or interest is situated within three days after the date on which such hearing is completed. The special master or the special master panel shall mail the award to the condemnor and any condemnees on the date of filing of the award and provide a certificate of service evidencing the mailing of such award. (b) The award shall become a part of the record of the proceedings in said matter and shall condemn and vest title to the property or other interest in the condemning body upon the deposit by that body of the amount of the award into the registry of the court, subject to the demand of such condemnee or condemnees, according to their respective interests. (c) The award shall be in the following form: THURSDAY, MARCH 30, 2006 6037 AWARD The special master appointed and chosen by the court to hear evidence and give full consideration to all matters touching upon the value of the property or interest sought to be condemned, as shown by the description of the property or interest in the case of ________________________ (condemning body) versus ________________________ (acres of land or other described interest in said land) and ________________________ (condemnee), Civil action file no._____ in superior court, having first taken the oath as required by law of the special master, the same having been filed with the clerk of the Superior Court of __________ County, and the special master panel, in the event such a panel exists, having heard evidence under oath and given consideration to the value of such property or interest on the ______ day of ______________, at ___:___ _.M., as provided for in the order of the court, do decide and recommend to the court as follows: (1) I/We find and award to ______________, condemnee, the sum of $________, as the actual market value of the property or interest sought to be condemned; (2) I/We find consequential damages to the remaining property or interest in the amount of $________; (3) I/We find consequential benefits to the remaining property or interest in the amount of $________ (never to exceed the amount of the consequential damages); (4) I/We find and award to ____________, condemnee, the sum of $ __________, as the value of any associated moving costs; (4)(5) Balancing the consequential benefits against the consequential damages, I/we find and award to the condemnee in this case in the total sum of $________, and I/we respectfully recommend to the court that the said property or interest be condemned by a judgment in rem to the use of the condemnor upon the payment of the last stated sum into the registry of the court, subject to the demands of the condemnee. This ______ day of ______________, ____. ______________ Special Master ______________ Assessor ______________ Assessor (d) In any case where there is an appeal from the award of the special master or the special master panel, in the event such a panel exists, to a jury in the superior court, such award shall not be competent evidence. Any such appeal shall be a de novo investigation, and such award shall be detached from the papers in the case before the same are delivered to the jury." SECTION 13. 6038 JOURNAL OF THE HOUSE Said title is further amended by striking Code Section 22-2-112, relating to the right of appealing the award of the special master in condemnation proceedings, and inserting in its place a new Code section to read as follows: "22-2-112. (a) If the condemnor or any condemnee is dissatisfied with the amount of the award, an appeal shall be filed in the superior court and such appeal shall be filed within ten calendar days from the service of the award, plus three additional calendar days for mailing of the award. In case any party is dissatisfied with the amount of the award, he or she may, within ten days after the award is filed, enter in writing an appeal from the award to the superior court of the county where the award is filed. The provisions of Code Section 22-2-84.1, relating to reasonable expenses incurred on appeal, shall apply to any appeal under this Code section. At the term succeeding the filing of the appeal, it shall be the duty of the judge to cause an issue to be made and tried by a jury as to the value of the property or interest taken or the amount of damage done, with the same right to move for a new trial and file an appeal as in other cases at law. The entering of an appeal and the proceedings thereon shall not hinder or delay in any way the condemnor's work or the progress thereof. (b) The condemnee shall have the right to a jury trial on the issue of just and adequate compensation before the superior court having jurisdiction over the property sought to be condemned during the next term of court following the vesting of title in the condemnor. This right to a jury trial at the next term of court may be waived by the condemnee." SECTION 14. Said title is further amended by striking Code Section 22-2-131, relating to contents in a petition to the superior court for a judgment in rem, and inserting in its place a new Code section to read as follows: "22-2-131. (a) The petition referred to in Code Section 22-2-130 shall set forth: (1) The facts showing the right to condemn; (2) The property or interest to be taken or damaged; (3) The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known; (4) A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected; (5) Such other facts as are necessary for a full understanding of the cause; and (6) A statement setting forth the necessity to condemn the private property and describing the public use for which the condemnor seeks the property; and (6)(7) A prayer for such judgment of condemnation as may be proper and desired. (b) If any of the persons referred to in this Code section are minors or under disability, the fact shall be stated." SECTION 15. THURSDAY, MARCH 30, 2006 6039 Said title is further amended by striking Code Section 22-2-132, relating to requirements of notice and service upon presenting a petition for a judgment in rem, and inserting in its place a new Code section to read as follows: "22-2-132. (a) Upon presentation of the petition, the presiding judge may shall issue an order requiring the condemnor, the owner of the property or of any interest therein, and the representative of any owner to appear at a time and place named in the order and make known their objections if any, rights, or claims as to the value of the property or of their interest therein, and any other matters material to their respective rights; provided, however, that if the petition includes affidavits from known and located persons with a legal claim, stating that such condemnees do not oppose the condemnation, no hearing pursuant to this Code section shall be required. (b) The day named in the order shall be as early as may be convenient but shall be no less than 20 days from the date of the petition, due regard being given to the necessities of notice. (c) The order shall give appropriate directions for notice and the service thereof. (d) It shall not be necessary to attach any other process to the petition except the order referred to in subsection (a) of this Code section, and the cause shall proceed as in rem." SECTION 16. Said title is further amended by striking Code Sections 22-3-60 and 22-3-63, relating to persons constructing and operating waterworks and sewerage systems authorized to lease, purchase, or condemn property or interests, and inserting in their place new Code sections to read as follows: "22-3-60. Any nongovernmental entity constructing, owning, or operating any waterworks or sanitary sewerage system, or both, in this state shall have the right, power, privilege, and authority to lease, purchase, or condemn property or any interest therein, including easements, or to receive donations or grants of property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and disposal system, or any combination of such systems or facilities; provided, however, that prior to condemning property in any political subdivision, any such entity shall first obtain the consent of the governing authority of such political subdivision, which consent may after the requirements of Code Section 22-1-10 have been satisfied. Consent shall be granted by resolution or ordinance." "22-3-63. Any other provision of law to the contrary notwithstanding, any nongovernmental entity which: (1) Is privately owned and is operated under the collective management and control of the owners; 6040 JOURNAL OF THE HOUSE (2) Was in the business of providing water supply and sewerage collection and disposal prior to July 1, 1978; (3) Has continuously owned a sanitary sewerage system since July 1, 1978, permitted by the Environmental Protection Division of the Department of Natural Resources; and (4) On May 1, 2000, owns and operates one or more sewerage collection treatment and disposal systems serving 1,000 or more customers shall have the authority to condemn property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and disposal system, or any combination of such systems or facilities; provided, however, that such authority shall obtain the consent of the governing authority of the county or municipality that controls the land sought to be condemned in accordance with Code Section 22-3-60. The authority granted by this Code section shall extend only to such counties and those counties immediately adjacent to such counties in which such entity owned or operated such waterworks or systems or combination as of January 1, 2000; and provided, further, that the authority provided for in this Code section shall terminate with respect to any entity if any interest in such business is transferred to another person or entity except through inheritance." SECTION 17. Said title is further amended by striking Code Section 22-4-3, relating to the applicability of Code Section 22-1-1, and inserting in its place a new Code section to read as follows: "22-4-3. The definitions contained in paragraphs (1) and (3) (6) and (8) of Code Section 22-1-1 shall not apply to this chapter." SECTION 18. Title 23 of the Official Code of Georgia Annotated, relating to equity, is amended by adding a new Code section to read as follows: "23-3-73. All municipalities, counties, and housing authorities shall have standing pursuant to this article." SECTION 19. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking subsection (b) of Code Section 36-42-8, relating to the powers of downtown development authorities generally, and inserting a new subsection (b) to read as follows: "(b) The powers enumerated in each paragraph of subsection (a) of this Code section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this Code section and elsewhere in this chapter; and no such power limits or restricts any other power of the authority except that, notwithstanding any THURSDAY, MARCH 30, 2006 6041 other provision of this chapter, no authority described in this chapter shall be granted the power of eminent domain." SECTION 20. Said title is further amended by repealing Code Section 36-42-8.1, relating to the use of the power of eminent domain by a municipality or downtown development authority. SECTION 21. Said title is further amended by repealing subsection (c) of Code Section 36-44-6, relating to a redevelopment agency's ability to delegate the power of eminent domain, which reads as follows: "(c) A downtown development authority which has been designated as a redevelopment agency pursuant to this chapter may exercise the powers of eminent domain subject to the procedures established in Chapter 42 of this title." SECTION 22. Said title is further amended in Chapter 61, the "Urban Redevelopment Law," by adding after Code Section 36-61-3 a new Code Section 36-61-3.1 to read as follows: "36-61-3.1. (a) As used in this Code section, the term 'public use' shall have the meaning specified in Code Section 22-1-1. (b) Any exercise of the power of eminent domain under this chapter must: (1) Be for a public use; and (2) Be approved by resolution of the governing body of the municipality or county in conformity with the procedures specified in Code Section 22-1-10." SECTION 23. Said title is further amended by designating the existing text of Code Section 36-62-6, relating to the general powers of a development authority, as subsection (a) and by adding a new subsection, to be designated subsection (b), to read as follows: "(b) This Code section shall not be construed as authorizing an authority as defined in this chapter to exercise the power of eminent domain." SECTION 24. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 36-82-62, relating to power as to undertakings and issuance of revenue bonds by government bodies, and inserting in its place a new paragraph (1) to read as follows: "(1) To acquire, by gift, purchase, or the exercise of the right of eminent domain, and to construct, to reconstruct, to improve, to better, and to extend any undertaking wholly within or wholly outside the governmental body or partially within and partially outside the governmental body; and to acquire, by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands, and water rights in connection therewith. For property located within a city, the extraterritorial 6042 JOURNAL OF THE HOUSE exercise of eminent domain for redevelopment purposes shall be approved by resolution by the governing authority of the city. For property located in an unincorporated area of a county, the extraterritorial exercise of eminent domain for redevelopment purposes shall be approved by resolution by the governing authority of the county. Any such resolution shall be adopted under the procedures specified in Code Section 22-1-10 and shall specifically and conspicuously delineate each parcel to be affected. The requirement for approval by a governing authority under this Code section shall be in addition to any other approval required by Title 22;". SECTION 25. Except as provided in this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall only apply to petitions for condemnation filed on or after that date. Sections 2, 3, 6, 12, 13, 17, and 22 and Code Sections 22-1-11, 22-1-12, 22-1-13, and 22-1-14 as enacted by Section 5 of this Act shall apply to those condemnation proceedings filed on or after February 9, 2006, where title has not vested in the condemning authority unless constitutionally prohibited. SECTION 26. All laws and parts of laws in conflict with this Act are repealed. Representative Golick of the 34th moved that the House adopt the report of the Committee of Conference on HB 1313. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y 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 Y Burkhalter Y Burmeister Y Burns 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 Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster E Franklin Y Freeman Y Gardner Y Geisinger Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar 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 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 E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M THURSDAY, MARCH 30, 2006 6043 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 Y Heckstall Y Hembree Y Henson Y Hill, C 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 Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 171, nays 0. The motion prevailed. Representative Jamieson of the 28th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. The following Bill of the House, having previously been read, was again taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1090. By Representatives Harbin of the 118th, Fleming of the 117th, Burmeister of the 119th and Rogers of the 26th: A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the O.C.G.A., relating to contracts for public works, and Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, so as to provide that a contractor that is more than 30 days behind in the performance of a state public works construction contract or a construction or maintenance contract with the Department of Transportation due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contract is brought current or is completed; 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 HB 1090 6044 JOURNAL OF THE HOUSE The Committee of Conference on HB 1090 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1090 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ James L. Whitehead, Sr. Senator, 24th District /s/ Ben Harbin Representative, 118th District /s/ Bill Stephens Senator, 27th District /s/ Vance Smith, Jr. Representative, 129th District /s/ Pearson Senator, 51st District /s/ Tom Graves Representative, 12th District A BILL To amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, and Articles 1 and 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, so as to provide that a contractor that is more than 25 percent behind in the performance of certain contracts due to the fault of such contractor shall not be eligible to bid on any additional state agency public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contracts is brought current or is completed; to provide for a determination of fault; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, is amended by adding a new Article 3 to read as follows: "ARTICLE 3 13-10-100. (a) A contractor that is found to be more than 25 percent behind in the performance of any combination of two or more of any of the following: (1) State agency public works construction contracts; or THURSDAY, MARCH 30, 2006 6045 (2) Department of Transportation construction or maintenance contracts based on a final determination that such delay was due to the fault of such contractor shall not be eligible to bid on any additional state agency public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contracts is brought current or is completed. (b) The determination of whether such contractor is behind in its performance and the cause of such delay shall be made in accordance with all applicable contract terms and provisions, including the requirements for determination of the contract time of performance, the contractor's right to request a time extension, resolution of any controversy or dispute involving the time of performance, mediation, and all subsequent procedures or processes available under or allowed by the contract, to finally resolve any such controversy. Before such final determination is applied against a contractor, the determination may be appealed de novo to the applicable court." SECTION 2. Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, is amended by striking paragraph (2) of subsection (a) of Code Section 32-2-2, relating to powers and duties of the Department of Transportation, in its entirety and inserting in its place the following: "(2) Except for In addition to appropriations to authorize the issuance of general obligation debt for public road work, or to pay such debt, the department shall be the state agency to receive and shall have control and supervision of all funds appropriated only be authorized to receive such funds as the General Assembly may appropriate to the department for public road work by the state and activities incident thereto from the net proceeds of motor fuel tax, as provided in Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia and any other funds appropriated or provided for by law for such purposes or for performing other functions of the department. If the General Assembly fails to appropriate all of the net proceeds of the motor fuel tax to the department any state agency, to the State of Georgia General Obligation Debt Sinking Fund, and to counties for public road work and activities incident thereto, any such unappropriated part of such funds, exclusive of those proceeds required by law to be provided as grants to counties for the construction and maintenance of county roads, shall be made available to the department by the director of the Office of Treasury and Fiscal Services, notwithstanding any provisions to the contrary in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act';" SECTION 3. Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract by the Department of Transportation generally, is amended by adding a new Code Section 32-2-66.1 to read as follows: "32-2-66.1. 6046 JOURNAL OF THE HOUSE (a) A contractor that is found to be more than 25 percent behind in the performance of any combination of two or more of any of the following: (1) Department of Transportation construction or maintenance contracts; or (2) State agency public works contracts due to the fault of such contractor shall not be eligible to bid on any additional state public works construction contracts or Department of Transportation construction or maintenance contracts until such time as the performance of such contracts is brought current or is completed. (b) The determination of whether such contractor is behind in its performance and the cause of such delay shall be made by the Department of Transportation and shall be in accordance with all applicable contract terms and provisions, including the requirements for determination of the contract time of performance, the contractor's right to request a time extension, resolution of any controversy or dispute involving the time of performance, mediation, and all subsequent procedures or processes available under or allowed by the contract, to finally resolve any such controversy. Before such final determination is applied against a contractor, the determination may be appealed de novo to the applicable court." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Representative Graves of the 12th moved that the House adopt the report of the Committee of Conference on HB 1090. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Barnes Y Bearden N Beasley-Teague N Benfield Y Benton N Black N Bordeaux N Borders Y Bridges N Brooks Y Brown N Bruce 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 Everson Y Fleming N Floyd, H Y Floyd, J Y Hill, C.A N Holmes Y Holt Y Horne N Houston N Howard, E N Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins Y Jennings N Johnson Y Jones, J N Jones, S Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Sailor Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre THURSDAY, MARCH 30, 2006 6047 N Bryant N Buckner, D N Buckner, G Burkhalter Y Burmeister N Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T N Greene N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C 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 N Oliver Y O'Neal N Orrock N Parham Y Parrish Y Parsons N Porter N Powell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 97, nays 73. The motion prevailed. Representative Murphy of the 120th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has adopted the report of the Committee of Conference on the following bill of the House: HB 1027. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th, Keen of the 179th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2006, and ending July 30, 2007. The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House: HB 1053. By Representatives Mills of the 25th, Rice of the 51st, Ehrhart of the 36th, Keen of the 179th, Fleming of the 117th and others: 6048 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the national motto, "In God We Trust"; to provide for a portion of the revenue to go to the Boy Scouts of America; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide a contingent 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: Kemp of the 46th, Goggans of the 7th, and Tolleson of the 20th. The Senate has agreed to the House substitutes to the following bills of the Senate: SB 150. By Senators Zamarripa of the 36th, Williams of the 19th, Reed of the 35th, Moody of the 56th, Adelman of the 42nd and others: A BILL to be entitled an Act to provide a short title; to amend Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the State Road and Tollway Authority, so as to provide that the authority shall implement a program to provide for the development and expansion of streetcar transportation and attendant economic and community development opportunities; to provide for related matters; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes. SB 195. By Senators Schaefer of the 50th, Rogers of the 21st, Carter of the 13th, Chance of the 16th, Pearson of the 51st and others: A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate loans to and abandoned property of museums and archives repositories; to provide a short title; to define certain terms; to provide a process for establishing ownership of property loaned to museums and archives repositories; to provide for notice; to provide for other related matters; to repeal conflicting laws; and for other purposes SB 236. By Senators Hudgens of the 47th and Brown of the 26th: A BILL to be entitled an Act to amend Code Section 45-18-9 of the Official Code of Georgia Annotated, relating to the right of continuation of health coverage for a spouse or dependent of a deceased public employee, right to resumption of coverage, payment of contributions, and promulgation of rules THURSDAY, MARCH 30, 2006 6049 and regulations as to continuance, discontinuance, and resumption of coverage, so as to provide that the surviving spouse and dependents of a state employee killed while acting in the scope of his or her employment shall be entitled to continue coverage under the state health insurance plan under certain conditions; to provide that any person so eligible to continue such coverage shall pay the same premium as an active state employee; to repeal conflicting laws; and for other purposes. SB 380. By Senators Kemp of the 46th, Hudgens of the 47th, Bulloch of the 11th, Tolleson of the 20th, Cagle of the 49th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 2 of the O.C.G.A, relating to agricultural commodity commissions generally, so as to make certain provisions for an agricultural commodity commission for equines; to change certain provisions relating to definitions relative to said article; to change certain provisions relating to composition, appointments, terms of office, and compensation of commodity commission members, certification of membership to the Secretary of State, advisory boards, special committees, personnel, legal representation, eligibility of federation or organization members, acceptance of donations, voting, and termination; to change certain provisions relating to authorization for issuance of marketing orders, notice, public hearing, record, reports from handlers, compilation of lists of producers and handlers, and use of information in reports; to repeal conflicting laws; and for other purposes. SB 385. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Code Section 33-11-13 of the Official Code of Georgia Annotated, relating to authorized investments of insurers generally, so as to provide that insurers may invest in the obligations of certain Canadian cities; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 562. By Senators Weber of the 40th and Williams of the 19th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Higher Education Facilities Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide a short title; to define terms; to provide for the members of the authority and their appointment, service, and compensation; to provide for the powers, duties, and operations of the authority; to provide for tax-exempt status of the authority; 6050 JOURNAL OF THE HOUSE to provide for other related matters; to repeal conflicting laws; and for other purposes. SB 585. By Senators Shafer of the 48th, Moody of the 56th and Balfour of the 9th: A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 9 of the O.C.G.A., relating to parties in execution, so as to provide that executions for ad valorem property taxes or assessments shall be governed exclusively by Title 48; to amend Chapter 3 of Title 48 of the O.C.G.A., relating to tax executions, so as to define certain terms; to provide for the purchase of tax executions and the transfer of rights; to provide for the termination of such right; to provide for collection; to provide for notice; to provide for a right of satisfaction; to provide for interest and fees; to provide for notice in the event certain information is unavailable; to provide that certain officials and their employees shall not have the right to purchase tax executions; to provide a penalty; to provide for applicability; 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 1421. By Representatives Fleming of the 117th, Ralston of the 7th and Hatfield of the 177th: A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demand for trial and announcement of readiness for trial, so as to require that a defendant be present in court and announce ready for trial if a demand for trial is filed; to require that a demand for trial be filed and served as a separate document and labeled as a demand for trial; to change provisions relating to demand for trial and service of the demand; to provide for other related matters; to repeal conflicting laws; and for other purposes. The House Substitute to SR 804 was ruled not Germane and pursuant to Senate Rule 71.10 (b) the Senate has disagreed to the House substitute to the following resolution of the Senate: SR 804. By Senators Moody of the 56th and Shafer of the 48th: A RESOLUTION to create the North Fulton Boundary Commission; and for other purposes. THURSDAY, MARCH 30, 2006 6051 The Senate has adopted the report of the Committee of Conference on the following bill of the House: HB 1313. By Representatives Golick of the 34th, Willard of the 49th, Richardson of the 19th, Roberts of the 154th, Smith of the 129th and others: A BILL to be entitled an Act to amend Title 8 of the O.C.G.A., relating to buildings and housing, Title 22 of the O.C.G.A., relating to eminent domain, and Title 36 of the O.C.G.A., relating to local government, so as to provide for the comprehensive revision of provisions regarding eminent domain; to provide for a short title; to change certain provisions regarding a housing authority's eminent domain power; to change certain language relating to blighted areas; to provide for a new definition of blighted areas; to change certain provisions regarding housing authorities power of eminent domain; to amend Chapter 3 of Title 23 of the O.C.G.A., relating to equitable remedies and proceedings, so as to grant standing to municipalities and counties to seek certain equitable remedies and proceedings; to repeal conflicting laws; and for other purposes. The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 429. By Representatives Smith of the 168th, Rogers of the 26th, Manning of the 32nd, Coleman of the 144th and Graves of the 137th: A BILL to be entitled an Act to amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relative to the setoff of debt collection, so as to authorize a setoff of certain debts owed to public housing authorities; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions relating to housing authorities; to change certain definitions relative to housing authorities; to authorize a setoff of certain debts owed to public housing authorities; to change certain provisions relating to definitions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 6052 JOURNAL OF THE HOUSE SECTION 1. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended in Code Section 8-3-3, relating to definitions relative to housing authorities, by striking paragraph (13.1) and inserting in lieu thereof the following: "(13.1) 'Private enterprise agreement' means a contract between a housing authority and a person or entity operating for profit for: (A) The management of a housing project; (B) The development of and the provision of credit enhancement with respect to a housing project; (C) The ownership or operation of a housing project through by the for profit entity in which the housing authority participates, either directly or indirectly through a wholly owned subsidiary, for purposes of facilitating the development, provision of credit enhancement, operation, or management of such housing project in accordance with this article;. Such participation may involve ownership by the housing authority of an interest in the housing project through the for profit entity, ownership by the housing authority of the land on which the housing project is developed, or provision by the housing authority of a combination of funds to the for profit entity for a portion of the construction costs of the housing project and funds to the for profit entity to subsidize the operating costs of units for persons of low income to the extent such contract is designated as a private enterprise agreement by the housing authority; or (D) Any combination of any of the foregoing." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Representative Smith of the 168th moved that the House disagree to the Senate substitute to HB 429. The motion prevailed. HB 1259. By Representatives Hill of the 21st, Burmeister of the 119th, Day of the 163rd and Ralston of the 7th: A BILL to be entitled an Act to amend Chapter 38 of Title 43 of the O.C.G.A., relating to private detectives and security agencies, so as to revise a definition; to revise the licensing process for private detectives and private security officers; to permit one or more individuals to qualify to hold the license for an individual, firm, association, company, partnership, limited liability company, or corporation; to provide the board with authority to promulgate rules to ensure that individuals are capable of assuming full responsibility for operations of the particular individual, firm, association, company, partnership, limited liability company, or corporation; to revise the THURSDAY, MARCH 30, 2006 6053 provisions for issuing permits for carrying firearms for certain private detectives and private security officers; to provide for 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 amend Chapter 14 and Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, lowvoltage contractors, and utility contractors and private detectives and security agencies, respectively, so as to authorize partners, officers, and employees of an individual licensee to engage in the business of conditioned air contracting upon the licensee's death for 180 days; to provide a fine and penalties for the unauthorized use of a license number of a conditioned air contractor; to revise a definition; to revise the licensing process for private detectives and private security officers; to permit one or more individuals to qualify to hold the license for an individual, firm, association, company, partnership, limited liability company, or corporation; to provide the board with authority to promulgate rules to ensure that individuals are capable of assuming full responsibility for operations of the particular individual, firm, association, company, partnership, limited liability company, or corporation; to revise the provisions for issuing permits for carrying firearms for certain private detectives and private security officers; to revise the provisions for granting of training instructor licenses to certain individuals; to remove the provisions making the chapter inapplicable to persons engaged in the business of furnishing information in connection with credit or marketing or engaged as a consumer reporting agency; to provide that engaging in private detective business or private security business without a license is a felony; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking subsection (h) of Code Section 43-14-8, relating to licensing required for electrical, plumbing, or conditioned air contracting, and inserting a new subsection (h) to read as follows: "(h) No partnership, limited liability company, or corporation shall have the right to engage in the business of conditioned air contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons actually engaged in the performance of such business on a full-time basis who have valid licenses issued to them as provided for in this chapter; provided, however, that 6054 JOURNAL OF THE HOUSE partners, officers, and employees of the individual who fulfilled the licensing requirements shall continue to be authorized to engage in the business of conditioned air contracting under a license which was valid at the time of the licensee's death for a period of 90 180 days following the date of such death." SECTION 2. Said chapter is further amended by striking subsection (e) of Code Section 43-14-12.1, relating to evidence of violation of licensing requirements, and inserting in lieu thereof new subsections (e) and (f) to read as follows: "(e) In the event that any person misappropriates and uses the license number of a licensed conditioned air contractor in any manner in which he or she is not so authorized, including, but not limited to, obtaining a construction or building permit, the board shall be authorized to impose a civil penalty not to exceed $1,000.00 for each occurrence thereof. Furthermore, such person may be prohibited from obtaining a conditioned air license for a period of five years from the date of the last violation in the event that he or she makes application to the board for such license. (f) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section." SECTION 3. Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to private detectives and security agencies, is amended by striking paragraph (3) of Code Section 43-38-3, relating to definitions, and inserting in it place a new paragraph (3) to read as follows: "(3) 'Private detective business' means the business of obtaining or furnishing, or accepting employment to obtain or to furnish, information with reference to: (A) Crimes or wrongs done or threatened against the United States of America or any state or territory thereof; (B) The background, identity, habits, conduct, business, employment, occupation, assets, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person; (C) The location, disposition, or recovery of lost or stolen property; (D) The cause or responsibility for fires, libels, losses, accidents, damage, or injury to persons or property; (E) The securing of evidence in the course of the private detective business to be used before any court, board, officer, or investigating committee; or (F) The protection of individuals from serious bodily harm or death. In addition to the aforementioned services, private detective business shall also mean providing, or accepting employment to provide, protection of persons from death or serious bodily harm." THURSDAY, MARCH 30, 2006 6055 SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 43-38-6, relating to licenses and qualifications, and inserting in its place a new subsection (a) to read as follows: "(a) Any individual, firm, association, company, partnership, limited liability company, or corporation desiring to engage in the private detective or private security business in this state shall make a verified application in writing to the division director for a license therefor. If the applicant is a firm, association, company, partnership, limited liability company, or corporation, the person filing the application on behalf of such firm, association, company, partnership, limited liability company, or corporation shall be a corporate officer of such corporation or an officer of such firm, association, partnership, or limited liability company; and such individual shall meet the qualifications set out in this Code section. In lieu of the foregoing requirement, the applicant of a firm, association, company, partnership, limited liability company, or corporation desiring to engage in the private security business may be the chief security officer, or equivalent position, of such entity, and such individual shall meet the qualifications set out in this Code section." SECTION 5. Said chapter is further amended by striking paragraph (7) of subsection (b) of Code Section 43-38-6, relating to licenses and qualifications, and inserting in its place a new paragraph (7) to read as follows: "(7) The applicant for a private detective company license has had at least two years experience as an agent registered with a licensed detective agency or has had at least two years experience as a supervisor or administrator in in-house investigations, or has had at least two years experience in law enforcement as a peace officer as defined by subparagraph (A) of paragraph (8) of Code Section 35-8-2, or has a fouryear degree in criminal justice or a related field from an accredited university or college; and the applicant for a security company license has had at least two years experience as a supervisor or administrator in in-house security operations or with a licensed security agency, or has had at least two years experience in law enforcement, or has a four-year degree in criminal justice or a related field from an accredited university or college;" SECTION 6. Said chapter is further amended by adding a new subsection (j) to Code Section 43-38-6, relating to licenses and qualifications, to read as follows: "(j) In addition to the initial applicant, any individual, firm, association, company, partnership, limited liability company, or corporation desiring to engage in the private detective or private security business may choose to designate one or more individuals to qualify to hold the license for the individual, firm, association, company, partnership, limited liability company, or corporation. Such individual or individuals shall meet the same qualifications set out in this Code section as relate to the initial applicant, and the 6056 JOURNAL OF THE HOUSE board shall have the authority to promulgate rules and regulations necessary to ensure that such additional individual or individuals are capable of assuming full responsibility for the operations of the particular individual, firm, association, company, partnership, limited liability company, or corporation in compliance with this Code section and with all rules and regulations promulgated pursuant to this Code section." SECTION 7. Said chapter is further amended by striking subsection (a) of Code Section 43-38-10, relating to permits to carry firearms, proficiency requirement, exemption from specified laws, denial, refusal to renew, and suspension of permits, and effect of license suspension and restoration, and inserting in its place a new subsection (a) to read as follows: "(a) The board may grant a permit to carry a pistol, revolver, or other firearm to any person who is at least 21 years of age and who is licensed or registered in accordance with this chapter and who meets the qualifications and training requirements set forth in this Code section and such other qualifications and training requirements as the board by rule may establish and who is not prohibited by federal or state law from possession of a firearm. The board shall have the authority to establish limits on type and caliber of such weapons by rule. Application for such permit and for renewal thereof shall be made on forms provided by the division director. No weapons permit issued under this Code section shall be transferable to another individual." SECTION 8. Said chapter is further amended by adding a new subsection (k) to Code Section 43-3810, relating to permits to carry firearms, proficiency requirement, exemption from specified laws, denial, refusal to renew, and suspension of permits, and effect of license suspension and restoration, to read as follows: "(k) The board shall have the authority to refuse to grant a weapons permit to an applicant or to revoke the registration of a person registered by the board if that person would be ineligible for issuance of a license or permit pursuant to subsection (b) of Code Section 16-11-129 or if such person would be prohibited under federal or state law from possessing a firearm." SECTION 9. Said chapter is further amended by adding a new subsection (e) to Code Section 43-3810.1, relating to training instructors and training programs, to read as follows: "(e) The board shall have the authority to refuse to grant a training instructor license to an applicant or to revoke the registration of an instructor licensed by the board if that person would be ineligible for issuance of a license or permit pursuant to subsection (b) of Code Section 16-11-129 or if such person would be prohibited under federal or state law from possessing a firearm." SECTION 10. THURSDAY, MARCH 30, 2006 6057 Said chapter is further amended by striking subsection (a) of Code Section 43-38-14, relating to exceptions to operation of chapter and to local regulation, and inserting in its place a new subsection (a) to read as follows: "(a) This chapter shall not apply to: (1) An officer or employee of the United States of America or of this state or a political subdivision thereof while the employee or officer is engaged in the performance of official duties; (2) A person engaged in the business of furnishing information in connection with credit or marketing and a or firm engaged as a consumer reporting agency, as defined and regulated by the federal Fair Credit Reporting Act; (3) An attorney at law or a bona fide legal assistant in performing his or her duties; (4) Admitted insurers, agents, and insurance brokers licensed by the state while performing duties in connection with insurance transacted by them; (5) A peace officer employed on a full-time basis by a federal, state, county, or local law enforcement agency who contracts directly with an employer to work during his or her off-duty hours and whose off-duty employment is conducted on an independent contractor basis with another employer other than a peace officer engaged in the private detective or private security business or a private detective or private security agency, subject to Code Section 16-10-3, relating to the receipt of funds by state officers or employees for the enforcement of penal laws; (6) A firm engaged in the business of independent insurance claims adjusting whose employees hold a valid Georgia adjuster's license; or (7) The employees of a firm mentioned in paragraph (6) of this subsection." SECTION 11. Said chapter is further amended by striking Code Section 43-38-16, relating to penalties, in its entirety and inserting in its place a new Code Section 43-38-16 to read as follows: "43-38-16. Any person who engages in the private detective business or private security business or offers, pretends, or holds himself or herself out as eligible to engage in the private detective business or private security business and who is not legally licensed or registered under this chapter shall be guilty of a misdemeanor felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 or by imprisonment for not less than two nor more than five years, or both. Each day or fraction of a day that he or she practices in violation of this chapter shall constitute a separate offense." SECTION 12. This Act shall become effective July 1, 2006, and shall not apply to any offense committed before that date. Any such offense committed before that date shall be governed by the statute in effect at the time the offense was committed. SECTION 13. 6058 JOURNAL OF THE HOUSE All laws and parts of laws in conflict with this Act are repealed. Representative Hill of the 21st moved that the House disagree to the Senate substitute to HB 1259. The motion prevailed. The following Bills of the Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon: SB 64. By Senator Douglas of the 17th: A BILL to be entitled an Act to amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to repeal the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; 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 64 The Committee of Conference on SB 64 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 64 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ John Douglas Senator, 17th District /s/ Jay Roberts Representative, 154th District /s/ Brian P. Kemp Senator, 46th District /s/ Chuck Martin Representative, 47th District /s/ Jeff Mullis Senator, 53rd District /s/ Jerry Keen Representative, 179th District A BILL THURSDAY, MARCH 30, 2006 6059 To amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to provide for an exception to the requirement that designated officers enforcing traffic laws have a blue light on the roof of their vehicles; to amend Code Section 40-6-16 of the Official Code of Georgia Annotated, relating to the procedure for passing stationary authorized emergency vehicles, stationary towing or recovery vehicles, or stationary highway maintenance vehicles, so as to change certain provisions relating to penalties; to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, so as to provide motorists an opportunity to continue to drive until a reasonably safe location for stopping is reached when being stopped by a law enforcement officer in a marked vehicle; to provide for specific procedures therefor; 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 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, is amended by striking the Code section and inserting in lieu thereof a new Code Section 40-1-7 to read as follows: "40-1-7. Whenever pursuing a person in violation of a traffic related offense, a uniformed law enforcement officer who is assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state must place a visible blue light on the roof of his or her vehicle if such vehicle is not equipped with permanent exterior mounted roof blue lights; provided, however, that the provisions of this Code section shall not apply to law enforcement officers operating vehicles manufactured prior to 2001. This Code section shall not apply to any officer assigned to special operations activities or responding to an immediate threat to public safety as a result of an accident or other emergency. This Code section shall not apply to vehicles of the Georgia State Patrol or of a sheriff's office or police department which office or police department provides law enforcement services by certified peace officers 24 hours a day, seven days a week where the vehicles are marked in accordance with Code Section 40-8-91, with flashing or revolving colored lights visible under normal atmospheric conditions for a distance of 500 feet from the front and rear of such vehicle, and which also has an illuminating agency identifier reasonably visible to a driver of a vehicle subject to a traffic stop; provided, however, that the Georgia State Patrol shall not be permitted to have more than two vehicles per post without such exterior mounted roof lights; and, provided, further that a sheriff's office or police department shall not be permitted to have more than one vehicle per agency without such exterior mounted roof lights. An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section." 6060 JOURNAL OF THE HOUSE SECTION 2. Code Section 40-6-16 of the Official Code of Georgia Annotated, relating to the procedure for passing stationary authorized emergency vehicles, stationary towing or recovery vehicles, or stationary highway maintenance vehicles, is amended by striking subsection (c) and inserting in lieu thereof the following: "(c) Violation of subsection (a) or (b) of this Code section shall be punished by a fine of not more than $500.00." SECTION 3. Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, is amended by adding immediately following subsection (d) new subsections (e) and (f) to read as follows: "(e) Whenever a motorist driving on the roadways of this state is directed to stop by a law enforcement officer in a law enforcement vehicle marked as required under this Code section, the motorist may continue to drive until a reasonably safe location for stopping is reached. Such motorist shall indicate to the officer his or her intent to proceed to a safe location by displaying the vehicle's flashing lights or turn signal. In proceeding to a safe location, the motorist shall observe the posted maximum speed limit. (f) An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section." 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 Roberts of the 154th moved that the House adopt the report of the Committee of Conference on SB 64. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson N Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Dollar Y Drenner Y Dukes Ehrhart Y England Y Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L THURSDAY, MARCH 30, 2006 6061 Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger Golick Y Graves, D Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Keen Y Keown Y Kidd Y Knight Knox Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Y Oliver O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Randall Y Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Smith, P Y Smith, R Y Smith, T Y Smith, V E 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 motion prevailed. SB 288. By Senators Rogers of the 21st, Hamrick of the 30th and Hill of the 32nd: A BILL to be entitled an Act to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to enact the "Grade Integrity Act of 2005"; to provide that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner to change the grade of a student; to provide for an ethical violation reportable to the Professional Standards Commission; 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 SB 288 The Committee of Conference on SB 288 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 288 be adopted. Respectfully submitted, 6062 JOURNAL OF THE HOUSE FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Chip Rogers Senator, 21st District /s/ Brooks P. Coleman, Jr. Representative, 97th District /s/ Howard Maxwell Representative, 17th District /s/ Bill Hembree Representative, 67th District A BILL To amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to enact the "Grade Integrity Act of 2006"; to provide that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner to change the grade of a student; to provide for an ethical violation reportable to the Professional Standards Commission; to provide for construction; to provide for the adjustment of grades received in advanced placement and honors courses; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Grade Integrity Act of 2006." SECTION 2. Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, is amended by inserting at the end thereof a new Part 12 to read as follows: "Part 12 20-2-989.20. (a) No classroom teacher shall be required, coerced, intimidated, or disciplined in any manner by the local board of education, superintendent, or any local school administrator to change the grade of a student. A violation of this Code section shall constitute an ethics violation reportable to the Professional Standards Commission pursuant to Part 10 of this article. (b) Nothing in this Code section shall be construed to prevent a principal or other local school administrator from discussing the grade of a student with a classroom teacher. THURSDAY, MARCH 30, 2006 6063 (c) Nothing in this Code section shall be construed to prevent a central office administrator, superintendent, or local school administrator from changing a student's grade. Any grade change made by a person other than the classroom teacher must be clearly indicated in the student's school records and must indicate the person responsible for making such grade change." SECTION 2A. Code Section 20-2-157 of the Official Code of Georgia Annotated, relating to uniform reporting system for high school grades for certain purposes, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: "(b) Beginning May 1, 2007 2008, each school system and private school shall adopt the reporting system described in this subsection for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section: (1) Each school system and private school shall transmit, in a manner and at times prescribed by the Georgia Student Finance Commission, an electronic transcript of courses and course grades for each graduating senior that reflects the complete high school academic record of the student, including scores on any state tests required for graduation, the grading scales used by the school system or private school for the time periods referenced by the transcripts, and any other pertinent information as determined by the Georgia Student Finance Commission. Each grade reported by a school system or private school to the commission for the purpose of calculating the grade point average for HOPE scholarship eligibility shall be the actual grade earned by the student, with no weighting or addition of points by the local school system or private school; (2) The Georgia Student Finance Commission shall calculate a grade point average for the purpose of determining eligibility for the HOPE scholarship from these electronic transcripts and shall notify students of their eligibility and high schools as to the eligibility of students; (3) For students otherwise qualified and enrolling as freshmen students in eligible public or private postsecondary institutions for the first time on May 1, 2007 2008, or thereafter, the Georgia Student Finance Commission shall calculate grade point averages for determining eligibility for the HOPE scholarship and other scholarships referenced in this Code section as follows: (A) For students receiving a college preparatory diploma, each grade for a student in attempted coursework in English, mathematics, science, social studies, and foreign language that would, if successfully completed, satisfy a core graduation requirement for the college preparatory curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0; or (B) For students receiving a career/technical diploma, each grade for a student in attempted coursework in English, mathematics, science, and social studies that would, if successfully completed, satisfy a core graduation requirement for the 6064 JOURNAL OF THE HOUSE career/technical curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0. Grades for coursework that is classified as advanced placement or international baccalaureate shall be weighted by the Georgia Student Finance Commission in calculating the overall grade point averages for students, provided that the weighting of such course grades is uniformly applied to all students in the state taking the specified coursework. The sum of the equated grades shall be divided by the number of course grades, adjusted for term length, to yield a grade point average on a 4.0 scale; (4) Qualification for the HOPE scholarship shall be determined from the grade point average calculated as set out in paragraph (3) of this subsection. Beginning May 1, 2007 2008, students with grade point averages equal to or in excess of 3.0 on the 4.0 scale with a college preparatory diploma shall meet achievement standards for the HOPE scholarship; students receiving a career/technical diploma shall meet achievement standards for the HOPE scholarship with a grade point average equal to or in excess of 3.2 on a 4.0 scale. This paragraph shall apply regardless of when a student graduated from high school and regardless of such student's eligibility status prior to May 1, 2007 2008; and (5) Beginning May 1, 2007 2008, only the reporting system as indicated in this subsection shall be used to determine eligibility for all grants, scholarships, or loans to attend colleges or universities which are administered pursuant to Article 7 of Chapter 3 of this title and eligibility for enrollment in postsecondary courses pursuant to Code Section 20-2-161.1. (b.1) Prior to May 1, 2008, honors courses shall be weighted in the same manner as currently conducted by each local school system for purposes of this Code section." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Maxwell of the 17th moved that the House adopt the report of the Committee of Conference on SB 288. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson N Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Dollar Y Drenner Y Dukes Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y Martin Y Maxwell May Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell Morgan Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Shaw Sheldon Y Sims, C Y Sims, F Y Sinkfield THURSDAY, MARCH 30, 2006 6065 Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Ehrhart Y England Y Epps Y Everson 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 Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y James Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Keen Y Keown Y Kidd Y Knight Knox Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin 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 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 Smith, R Y Smith, T Smith, V E 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 motion, the ayes were 148, nays 1. The motion prevailed. Representative May of the 111th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1097. By Representatives McCall of the 30th, Smith of the 129th, Scheid of the 22nd, Channell of the 116th, Floyd of the 147th and others: A BILL to be entitled an Act to amend Code Section 32-6-75 of the Official Code of Georgia Annotated, relating to restrictions on outdoor advertising signs authorized by Code Section 32-6-72 on the interstate system, primary highways, and other highways, so as to provide that no such signs may advertise the availability of certain entertainment which appeals to the prurient interest; to prohibit erecting certain signs having two faces on one visible side after a certain date; to permit certain types of nonmechanical multiple message signs subject to certain limitations; to impose certain height 6066 JOURNAL OF THE HOUSE limitations on erecting such outdoor advertising signs subject to certain conditions after a certain date; to provide for procedures relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 21-2-3 of the Official Code of Georgia Annotated, relating to prohibited placements of campaign posters, signs, and advertisements, so as to limit certain regulations of campaign signs on private property; to amend Article 3 of Chapter 6 of Title 32 of the of the Official Code of Georgia Annotated, relating to control of signs and signals on or near public roads, so as to prohibit certain outdoor advertising containing depictions of nudity or sexual conduct which are visible to motor vehicle drivers traveling on certain public roads; to define certain terms; to provide punishments for violations; to provide legislative findings and declarations; to change certain provisions relating to restrictions on outdoor advertising signs authorized by Code Sections 32-6-72 and 32-6-73 and multiple message signs on the interstate system, primary highways, and other highways; to repeal certain provisions of law restricting outdoor advertising which were declared unconstitutional by the Georgia Supreme Court in the case of State v. Cafe Erotica, Inc., 270 Ga. 97 (1998); to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 21-2-3 of the Official Code of Georgia Annotated, relating to prohibited placements of campaign posters, signs, and advertisements, is amended by striking subsection (a) and inserting a new subsection (a) to read as follows: "(a) It shall be unlawful for any person to place campaign posters, signs, and or advertisements: (1) Within the right of way of any public streets, roads, or highways; (2)(1) On any public property or building, unless the owner thereof or the occupier as authorized by such owner has given permission to place such posters, signs, or advertisements on such property; provided, however, that signs within the rights of way of public roads shall be governed by Code Section 32-6-51; (3)(2) On any private property unless the owner thereof or the occupier as authorized by such owner has given permission to place such campaign posters, signs, and or advertisements on such property; and, provided, further that no municipal, county, or consolidated government may restrict by regulation or other means the length of time a political campaign sign may be displayed or the number of signs which may be displayed on private property for which permission has been granted; or THURSDAY, MARCH 30, 2006 6067 (4) Reserved; (5)(3) On any property zoned for commercial or industrial uses if the placement of such campaign posters, signs, and or advertisements conflicts with any zoning laws or ordinances." SECTION 2. Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of signs and signals on or near public roads, is amended by adding a new Code Section 32-6-52 to read as follows: "32-6-52. (a) As used in this Code section, the term: (1) 'Nudity' means the displaying of any portion of the human female breast below the top of the areola or the displaying of any portion of any human's pubic hair, anus, vulva, or genitals. (2) 'Outdoor advertising' means any commercial advertisement displayed outdoors by means of billboards or signs. (3) 'Sexual conduct' means acts of sexual intercourse, masturbation, sodomy, or fondling of a human's clothed or unclothed genitals, pubic area, buttocks, or, if the human is female, breast. (b) The General Assembly finds and declares that outdoor advertising containing depictions of nudity or sexual conduct which are visible from the roadways of public roads may be startling or provocative and thereby divert the attention of motor vehicle drivers, thus causing real and substantial hazards to traffic safety. The General Assembly further declares that the purpose of this Code section is to protect the public welfare and safety against such hazards. (c) No person shall display any outdoor advertising containing any depiction of nudity or sexual conduct when such depiction is visible from the roadway of any public road in the state highway system as defined in Code Section 32-4-1. (d)(1) Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $1,000.00. (2) Each day during which outdoor advertising is displayed in violation of subsection (c) of this Code section shall constitute a separate offense." SECTION 3. Said article is further amended by striking in its entirety paragraph (12) of subsection (a) of Code Section 32-6-75, relating to outdoor advertising signs authorized by Code Sections 32-6-72 and 32-6-73 and multiple message signs on the interstate system, primary highways, and other highways, and inserting in lieu thereof the following: "(12) Contains more than two faces visible from the same direction on the main traveled way; provided, however, that after July 1, 2006, no sign shall be erected that contains more than one face vertically stacked visible from the same direction on the main traveled way. Double-faced, back-to-back, and V-type constructed signs shall, 6068 JOURNAL OF THE HOUSE for the purpose of determining compliance with size and spacing limitations, be considered as one sign;" SECTION 4. Said article is further amended in said Code section by striking in its entirety paragraph (8) of subsection (a) and inserting in lieu thereof a new paragraph (8) to read as follows: "(8) If illuminated, contains, includes, or is illuminated by any flashing, intermittent, or moving light or lights except those giving public service information such as time, date, temperature, weather, or other similar information except as expressly permitted under subsection (c) of this Code section. The illumination of mechanical multiple message signs is not illumination by flashing, intermittent, or moving light or lights, except that no multiple message sign may include any illumination which is flashing, intermittent, or moving when the sign is in a fixed position;" SECTION 5. Said article is further amended in said Code section by striking subsection (b) and inserting in lieu thereof the following: "(b)(1) As used in this subsection, the term 'nudity' means the displaying of any portion of the female breast below the top of the areola or the displaying of any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals. (2) Since the exhibition of nudity or depictions of nudity in connection with the sale or consumption of alcoholic beverages may be restricted or prohibited in certain political subdivisions of this state pursuant to Article III, Section VI, Paragraph VII of the Constitution, since an outdoor advertising device advertising a commercial establishment where nudity is exhibited which is located in a political subdivision different from where the commercial establishment is located may mislead the traveling public and cause a devaluation of the property in the area surrounding such outdoor advertising, and since outdoor advertising of a commercial establishment where nudity is exhibited may divert the attention of drivers and thus cause traffic hazards, it is the intent of the General Assembly to protect the welfare and safety of the residents of this state and the traveling public by regulating outdoor advertising of commercial establishments where nudity is exhibited. (3) Any outdoor advertising of a commercial establishment where nudity is exhibited shall be limited to the property where such commercial establishment is located, and the size, type, and number of outdoor advertising devices on any such property may be further regulated by rules and regulations promulgated by the commissioner of transportation. (b) Reserved." SECTION 6. Said article is further amended in said Code section by striking in its entirety paragraph (1) of subsection (c) and inserting in lieu the following: THURSDAY, MARCH 30, 2006 6069 "(1) Multiple message signs shall be permitted on the interstate system, primary highways, and other highways under the following conditions: (A) Each multiple message sign shall remain fixed for at least ten seconds; (B) When a message is changed mechanically, it shall be accomplished in three seconds or less; (C) No such multiple message sign shall be placed within 5,000 feet of another mechanical multiple message sign on the same side of the highway; (D) Any such sign shall contain a default design that will freeze the sign in one position if a malfunction occurs; and (E) Any maximum size limitations shall apply independently to each side of a multiple message sign; and (F) Nonmechanical electronic multiple message signs that are otherwise in compliance with this subsection and are illuminated entirely by the use of light emitting diodes, back lighting, or any other light source shall be permitted under the following circumstances: (i) Each transitional change occurs within two seconds; (ii) If the department finds an electronic sign or any display or effect thereon to cause glare or to impair the vision of the driver of any motor vehicle or to otherwise interfere with the safe operation of a motor vehicle, then, upon the department's request, the owner of the sign shall promptly and within not more than 48 hours reduce the intensity of the sign to a level acceptable to the department; and (iii) The owner of any existing or nonconforming electronic sign shall have 180 days from the effective date of this subparagraph to bring the electronic sign in compliance with this subparagraph and to request a permit from the department." SECTION 7. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such declaration or adjudication shall affect and invalidate the whole of the section in which such matter appears herein, but 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, but would not have passed any section of this Act containing or constituting an invalid or unconstitutional provision. SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 9. 6070 JOURNAL OF THE HOUSE All laws and parts of laws in conflict with this Act are hereby repealed. Representative McCall of the 30th moved that the House agree to the Senate substitute to HB 1097. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson N Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield N Benton Y Black N 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 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 Y Dean Y Dickson Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Freeman Y Gardner Y Geisinger Golick Y Graves, D Graves, T Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard, E Y Hudson Y Hugley Jackson Y Jacobs Y James Jamieson Y Jenkins N Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan 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 Y Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell Morgan Y Morris Mosby Y Mosley Y 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 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 Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 142, nays 8. 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: THURSDAY, MARCH 30, 2006 6071 HB 848. By Representatives Butler of the 18th, Maxwell of the 17th, England of the 108th, Roberts of the 154th and Stephens of the 164th: 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. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 848 The Committee of Conference on HB 848 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 848 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Casey Cagle Senator, 49th District /s/ Mark Butler Representative, 18th District /s/ James L. Whitehead, Sr. Senator, 24th District /s/ Chuck Martin Representative, 47th District /s/ Ronnie Chance Senator, 16th District /s/ Larry O'Neal Representative, 146th District A BILL 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 for an ad valorem tax exemption for certain charitable institutions; 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 referenda, applicability, and 6072 JOURNAL OF THE HOUSE effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, is amended in Code Section 48-5-41, relating to property exempt from ad valorem taxation, by striking subsection (d) and inserting in its place a new subsection (d) to read as follows: "(d)(1) Except as otherwise provided in paragraph (2) of this subsection, this This Code section, excluding paragraph (1) of subsection (a) of this Code section, shall not apply to real estate or buildings which are rented, leased, or otherwise used for the primary purpose of securing an income thereon and shall not apply to real estate or buildings which are not used for the operation of religious, educational, and charitable institutions. Donations of property to be exempted shall not be predicated upon an agreement, contract, or other instrument that the donor or donors shall receive or retain any part of the net or gross income of the property. (2) With respect to paragraph (4) of subsection (a) of this Code section, real estate or buildings which are owned by a charitable institution that is exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code and used by such charitable institution for the charitable purposes of such charitable institution may be used for the purpose of securing income so long as such income is used exclusively for the operation of that charitable institution." SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting Section 1 of this part to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 2006, state-wide general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Act be approved which grants an exemption from ad valorem taxation on property owned by a charitable institution which generates income when that income is used exclusively for the operation of such charitable institution?" 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 THURSDAY, MARCH 30, 2006 6073 votes cast on such question are for approval of the Act, then Section 1 of this part shall become effective on January 1, 2007, and shall apply to all taxable years beginning on or after that date. If Section 1 of this part is not so approved or if the election is not conducted as provided in this section, Section 1 of this part shall not become effective and this part shall be automatically repealed on the first day of January immediately following that election date. PART II SECTION 3. Said part is further amended by adding between Code Sections 48-5-48.2 and 48-5-49 a new Code Section 48-5-48.3 to read as follows: "48-5-48.3. (a) As used in this Code section, the term: (1) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than ten contiguous acres of land immediately surrounding such residence. (2) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Code section is made. (b) Any person who is a senior citizen and resident of Georgia is granted upon application an exemption on his or her homestead which such person owns and actually occupies as a residence and homestead in an amount equal to the actual levy for state ad valorem taxation made pursuant to Code Section 48-5-8 with respect to that homestead, such exemption being from all ad valorem taxation for state purposes. The value of all property in excess of the exempted amount cited above shall remain subject to taxation. (c) The exemption shall be claimed and returned in the same manner as otherwise required under Code Section 48-5-50.1. Each person shall file for the exemption only once in the county of his or her residence. Once filed, the exemption shall automatically be renewed from year to year. (d) The exemption granted by this Code section shall not apply to or affect county taxes, municipal taxes, or school district taxes. (e) The exemption granted by this Code section shall be in addition to and not in lieu of any other homestead exemption from state taxes." SECTION 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a referendum as provided in this section for the purpose of submitting Section 3 of this part to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of and in conjunction with the November, 2006, state-wide general election. The Secretary of State shall cause the date and purpose of the election to be published once a week for two 6074 JOURNAL OF THE HOUSE weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which provides a homestead exemption for senior citizens in an amount equal to the actual levy for state ad valorem ( ) NO tax purposes on the homestead?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 3 of this part shall become effective on January 1, 2007, and shall be applicable to all taxable years beginning on or after that date. If Section 3 of this part is not so approved or if the election is not conducted as provided in this section, Section 3 of this part shall not become effective and this part shall be automatically repealed on the first day of January immediately following that election date. PART III SECTION 5. Except as otherwise provided in Section 2 of Part I of this Act and Section 4 of Part II of this Act, 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 Butler of the 18th moved that the House adopt the report of the Committee of Conference on HB 848. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce N Bryant Y Buckner, D Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Hugley Jackson Y Jacobs Y James Jamieson Y Jenkins Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Martin Maxwell Y May Y McCall McClinton Y Meadows E Millar 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 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 E Smyre Y Stanley-Turner Y Stephens THURSDAY, MARCH 30, 2006 6075 Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman, B Y Coleman, T Cooper Y Cox Y Franklin Y Freeman N 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 Hembree Henson N Hill, C Y Keown Y Kidd Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin N 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 Roberts Y Rogers Y Royal Y Rynders Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Richardson, Speaker On the motion, the ayes were 142, nays 7. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1385. By Representatives Heard of the 104th, Ehrhart of the 36th, Coan of the 101st, Dodson of the 75th and Forster of the 3rd: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the O.C.G.A., relating to state building, plumbing, and electrical codes, so as to provide for the employment of private professional providers to perform building plan reviews and inspections when the local jurisdiction cannot timely perform such services; to provide a definition; to provide for the qualifications of such persons; to provide for the manner of such reviews and inspections; to provide for certain insurance requirements; to provide for the manner of submitting reports; to amend Chapter 2 of Title 25 of the O.C.G.A., relating to regulation of fire and other hazards to persons and property generally, so as to provide for the employment of private professional providers to perform building plan reviews when the state fire marshal, local fire marshal, or state inspector cannot timely perform such services; to provide for other related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL 6076 JOURNAL OF THE HOUSE To amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes, so as to provide for the employment of private professional providers to perform building plan reviews and inspections when the local jurisdiction cannot timely perform such services; to provide a definition; to provide for the qualifications of such persons; to provide for the manner of such reviews and inspections; to provide for certain insurance requirements; to provide for the manner of submitting reports; to provide for the issuance of notices of deficiencies to the applicants and time for curing such deficiencies; to provide for the issuance of permits under certain conditions; to provide for appeals; to provide for applicability; to provide for certain immunities; to prohibit adoption of more stringent standards by local jurisdictions; to provide for exceptions; to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to persons and property generally, so as to provide for the employment of private professional providers to perform building plan reviews when the state fire marshal, local fire marshal, state inspector, or designated code official cannot timely perform such services; to provide a definition; to provide for the qualifications of such persons; to provide for the manner of such reviews and inspections; to provide for certain insurance requirements; to provide for the manner of submitting reports; to provide for the issuance of notices of deficiencies to the applicants and time for curing such deficiencies; to provide for the issuance of permits under certain conditions; to provide for appeals; to provide for applicability; to provide for certain immunities; to prohibit adoption of more stringent standards by local jurisdictions; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes, is amended by striking subsection (g) of Code Section 8-2-26, relating to enforcement of codes generally, and inserting in lieu thereof a new subsection (g) to read as follows: "(g)(1) If a governing authority of a county or municipality cannot provide review of the documents intended to demonstrate that the structure to be built is in compliance with the Georgia State Minimum Standard Codes most recently adopted by the Department of Community Affairs and any locally adopted ordinances and amendments to such codes within 30 business days of receiving a written application for permitting in accordance with the code official's plan submittal process or inspection services within two business days of receiving a valid written request for inspection, then, in lieu of plan review or inspection by inspectors or other personnel employed by such governing authority, any person, firm, or corporation engaged in a construction project which requires plan review or inspection shall have the option of retaining, at its own expense, a private professional provider to provide the required plan review or inspection. As used in this subsection, the term 'private professional THURSDAY, MARCH 30, 2006 6077 provider' means a professional engineer who holds a certificate of registration issued under Chapter 15 of Title 43 or a professional architect who holds a certificate of registration issued under Chapter 4 of Title 43, and who is not an employee of or otherwise affiliated with or financially interested in such the person, firm, or corporation, to provide the required inspection engaged in the construction project to be reviewed or inspected. The local governing authority shall advise the permit applicant in writing if requested by the applicant at the time the complete submittal application for a permit in accordance with the code official's plan submittal process is received that the local governing authority intends to complete the required plan review within the time prescribed by this paragraph or that the applicant may immediately secure the services of a private professional provider to complete the required plan review pursuant to this subsection. The plan submittal process shall include those procedures and approvals required by the local jurisdiction before plan review can take place. If the local governing authority states its intent to complete the required plan review within the time prescribed by this paragraph, the applicant shall not be authorized to use the services of a private professional provider as provided in this subsection. The permit applicant and the local governing authority may agree by mutual consent to extend the time period prescribed by this paragraph for plan review if the characteristics of the project warrant such an extension. However, if the local governing authority states its intent to complete the required plan review within the time prescribed by this paragraph, or any extension thereof mutually agreed to by the applicant and the governing authority, and does not permit the applicant to use the services of a private professional provider and the local governing authority fails to complete such plan review in the time prescribed by this paragraph, or any extension thereof mutually agreed to by the applicant and the governing authority, the local governing authority shall issue the applicant a project initiation permit. The local governing authority shall be allowed to limit the scope of a project initiation permit and limit the areas of the site to which the project initiation permit may apply but shall permit the applicant to begin work on the project, provided that portion of the initial phase of work is compliant with applicable codes, laws, and rules. If a full permit is not issued for the portion requested for permitting, then the governing authority shall have an additional 20 business days to complete the review and issue the full permit. If the plans submitted for permitting are denied for any deficiency, the time frames and process for resubmittal shall be governed by subparagraphs (C) through (E) of paragraph (7) of this subsection. On or before July 1, 2007, the Board of Natural Resources shall adopt rules and regulations governing the review of erosion and sedimentation control plans under Part 9 of Chapter 7 of Title 12 to establish appropriate time frames for the submission and review of revised plan submittals where a deficiency or deficiencies in the submitted plans have been identified by the governing authority. (2) Any plan review or inspection conducted by a registered private professional engineer provider shall be no less extensive than an inspection plan reviews or inspections conducted by a county or municipal inspector personnel. 6078 JOURNAL OF THE HOUSE (3) The person, firm, or corporation retaining a registered private professional engineer provider to conduct a plan review or an inspection shall be required to pay to the county or municipality which requires the plan review or inspection the same permit regulatory fees and charges which would have been required had the plan review or inspection been conducted by a county or municipal inspector. (4) A private professional provider performing plan reviews under this subsection shall review construction plans to determine compliance with the Georgia State Minimum Standard Codes most recently adopted by the Department of Community Affairs and any locally adopted ordinances and amendments to such codes. Upon determining that the plans reviewed comply with the applicable codes, such private professional provider shall prepare an affidavit or affidavits on a form adopted by the Department of Community Affairs certifying under oath that the following is true and correct to the best of such private professional provider's knowledge and belief and in accordance with the applicable professional standard of care: (A) The plans were reviewed by the affiant who is duly authorized to perform plan review pursuant to this subsection and who holds the appropriate license or certifications and insurance coverage stipulated in this subsection; (B) The plans comply with the Georgia State Minimum Standard Codes most recently adopted by the Department of Community Affairs and any locally adopted ordinances and amendments to such codes; and (C) The plans submitted for plan review are in conformity with plans previously submitted to obtain governmental approvals required in the plan submittal process and do not make a change to the project reviewed for such approvals. (5) All private professional providers providing plan review or inspection services pursuant to this subsection shall secure and maintain insurance coverage for professional liability (errors and omissions) insurance. The limits of such insurance shall be not less than $1 million per claim and $1 million in aggregate coverage. Such insurance may be a practice policy or project-specific coverage. If the insurance is a practice policy, it shall contain prior acts coverage for the private professional provider. If the insurance is project-specific, it shall continue in effect for two years following the issuance of the certificate of final completion for the project. A local enforcement agency, local building official, or local government may establish, for private professional providers working within that jurisdiction, a system of registration listing the private professional providers within their areas of competency and verifying compliance with the insurance requirements of this subsection. (4)(6) The registered private professional engineer provider shall be empowered to perform any plan review or inspection required by the governing authority of any county or municipality, including, but not limited to, inspections for footings, foundations, concrete slabs, framing, electrical, plumbing, heating ventilation and air conditioning (HVAC), or any and all other inspections necessary or required for the issuance of a building permit or certificate of occupancy by the governing authority of any county or municipality, provided that the plan review or inspection is within the scope of such engineer's branch of engineering expertise private professional provider's area of THURSDAY, MARCH 30, 2006 6079 competency. Nothing in this Code section shall authorize any private professional provider to issue a certificate of occupancy. Only a local governing authority shall be authorized to issue a certificate of occupancy. (5)(7)(A) The registered permit applicant shall submit a copy of the private professional engineer shall submit a copy of his or her inspection provider's plan review report to the county or municipality. Such plan review report shall include at a minimum all of the following: (i) The affidavit of the private professional provider required pursuant to this subsection; (ii) The applicable fees; and (iii) Any documents required by the local official and any other documents necessary to determine that the permit applicant has secured all other governmental approvals required by law. (B) No more than 30 business days after receipt of a permit application and the affidavit from the private professional provider required pursuant to this subsection, the local building official shall issue the requested permit or provide written notice to the permit applicant identifying the specific plan features that do not comply with the applicable codes, as well as the specific code chapters and sections. If the local building official does not provide a written notice of the plan deficiencies within the prescribed 30 day period, the permit application shall be deemed approved as a matter of law and the permit shall be issued by the local building official on the next business day. (C) If the local building official provides a written notice of plan deficiencies to the permit applicant within the prescribed 30 day period, the 30 day period shall be tolled pending resolution of the matter. To resolve the plan deficiencies, the permit applicant may elect to dispute the deficiencies pursuant to this subsection or to submit revisions to correct the deficiencies. (D) If the permit applicant submits revisions to address the plan deficiencies previously identified, the local building official shall have the remainder of the tolled 30 day period plus an additional five business days to issue the requested permit or to provide a second written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes, with specific reference to the relevant code chapters and sections. If the local building official does not provide the second written notice within the prescribed time period, the permit shall be issued by the local building official on the next business day. In the event that the revisions required to address the plan deficiencies or any additional revisions submitted by the applicant require that new governmental approvals be obtained, the applicant shall be required to obtain such approvals before a new plan report can be submitted. (E) If the local building official provides a second written notice of plan deficiencies to the permit applicant within the prescribed time period, the permit applicant may elect to dispute the deficiencies pursuant to this subsection or to submit additional revisions to correct the deficiencies. For all revisions submitted 6080 JOURNAL OF THE HOUSE after the first revision, the local building official shall have an additional five business days to issue the requested permit or to provide a written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes, with specific reference to the relevant code chapters and sections. (6)(8) Upon submission by the registered private professional engineer provider of a copy of his or her inspection report to the local governing authority, said local governing authority shall be required to accept the inspection of the registered private professional engineer provider without the necessity of further inspection or approval by the inspectors or other personnel employed by the local governing authority unless said governing authority has notified the registered private professional engineer provider, within two business days after the submission of the inspection report, that it finds the report incomplete or the inspection inadequate and has provided the registered private professional engineer provider with a written description of the deficiencies and specific code requirements that have not been adequately addressed. (7)(9) A local governing authority may provide for the prequalification of registered private professional engineers providers who may perform plan reviews or inspections pursuant to this subsection. No ordinance implementing prequalification shall become effective until notice of the governing authority's intent to require prequalification and the specific requirements for prequalification have been advertised in the newspaper in which the sheriff's advertisements for that locality are published. The ordinance implementing prequalification shall provide for evaluation of the qualifications of a registered private professional engineer provider only on the basis of the engineer's private professional provider's expertise with respect to the objectives of the inspection this subsection, as demonstrated by the engineer's private professional provider's experience, education, and training. Such ordinance may require a private professional provider to hold additional certifications, provided that such certifications are required by ordinance for plan review personnel currently directly employed by such local governing authority. (8)(10) Nothing in this subsection shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers. (11) This subsection shall not apply to hospitals, ambulatory health care centers, nursing homes, jails, penal institutions, airports, buildings or structures that impact national or state homeland security, or any building defined as a high-rise building in the State Minimum Standards Code; provided, however, that interior tenant build-out projects within high-rise buildings are not exempt from this subsection. (12) If the local building official determines that the building construction or plans do not comply with the applicable codes, the official may deny the permit or request for a certificate of occupancy or certificate of completion, as appropriate, or may issue a stop-work order for the project or any portion thereof as provided by law, after giving notice to the owner, the architect of record, the engineer of record, or the contractor of record and by posting a copy of the order on the site of the project and opportunity to THURSDAY, MARCH 30, 2006 6081 remedy the violation within the time limits set forth in the notice, if the official determines noncompliance with state or local laws, codes, or ordinances, provided that: (A) The local building official shall be available to meet with the private professional provider within two business days to resolve any dispute after issuing a stop-work order or providing notice to the applicant denying a permit or request for a certificate of occupancy or certificate of completion; and (B) If the local building official and the private professional provider are unable to resolve the dispute or meet within the time required by this Code section, the matter shall be referred to the local enforcement agency's board of appeals, if one exists, which shall consider the matter not later than its next scheduled meeting. Any decisions by the local official, if there is no board of appeals, may be appealed to the Department of Community Affairs as provided in this chapter. The Department of Community Affairs shall develop rules and regulations which shall establish reasonable time frames and fees to carry out the provisions of this paragraph. (13) The local government, the local building official, and local building code enforcement personnel and agents of the local government shall be immune from liability to any person or party for any action or inaction by an owner of a building or by a private professional provider or its duly authorized representative in connection with building code plan review and inspection services by private professional providers as provided in this subsection. (14) No local enforcement agency, local code official, or local government shall adopt or enforce any rules, procedures, policies, qualifications, or standards more stringent than those prescribed in this subsection. This subsection shall not preempt any local laws, rules, or procedures relating to the plan submittal process of local governing authorities. (15) Nothing in this subsection shall limit the authority of the local code official to issue a stop-work order for a building project or any portion of such project, which may go into effect immediately as provided by law, after giving notice and opportunity to remedy the violation, if the official determines that a condition on the building site constitutes an immediate threat to public safety and welfare. A stop work order issued for reasons of immediate threat to public safety and welfare shall be appealable to the local enforcement agency's board of appeals, if one exists, in the manner provided by applicable law. Any decisions by the local official, if there is no board of appeals, may be appealed to the Department of Community Affairs as provided in this chapter. (16) When performing building code plan reviews or inspection services, a private professional provider is subject to the disciplinary guidelines of the applicable professional licensing board with jurisdiction over such private professional provider's license or certification under Chapters 4 and 15 of Title 43, as applicable. Any complaint processing, investigation, and discipline that arise out of a private professional provider's performance of building code plan reviews or inspection services shall be conducted by the applicable professional licensing board. 6082 JOURNAL OF THE HOUSE Notwithstanding any disciplinary rules of the applicable professional licensing board with jurisdiction over such private professional provider's license or certification under Chapters 4 and 15 of Title 43, any local building official may decline to accept building code plan reviews or inspection services submitted by any private professional provider who has submitted multiple reports which required revisions due to negligence, noncompliance, or deficiencies. (17) Nothing in this subsection shall apply to inspections exempted in Code Section 82-26.1." SECTION 2. Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to persons and property generally, is amended by striking subsection (a) of Code Section 25-2-14, relating to requirement, issuance, etc., of building permits and certificates of occupancy for buildings presenting special hazards to persons or property, and inserting in lieu thereof a new subsection (a) to read as follows: "(a)(1) Plans and specifications for all proposed buildings which come under classification in paragraph (1) of subsection (b) of Code Section 25-2-13 and which come under the jurisdiction of the office of the Commissioner pursuant to Code Section 25-2-12 shall be submitted to and receive approval by either the state fire marshal, the proper local fire marshal, or state inspector before any state, municipal, or county building permit may be issued or construction started. All such plans and specifications submitted as required by this subsection shall be accompanied by a fee in the amount provided in Code Section 25-2-4.1 and shall bear the seal and Georgia registration number of the drafting architect or engineer or shall otherwise have the approval of the Commissioner. (2)(A) If the state fire marshal, the proper local fire marshal, state inspector, or designated code official cannot provide plan review within 30 business days of receiving a written application for permitting in accordance with the code official's plan submittal process, then, in lieu of plan review by personnel employed by such governing authority, any person, firm, or corporation engaged in a construction project which requires plan review, regardless if the plan review is required by subsection (a) of this Code section or by local county or municipal ordinance, shall have the option of retaining, at its own expense, a private professional provider to provide the required plan review. As used in this paragraph, the term 'private professional provider' means a professional engineer who holds a certificate of registration issued under Chapter 15 of Title 43 or a professional architect who holds a certificate of registration issued under Chapter 4 of Title 43, who is not an employee of or otherwise affiliated with or financially interested in the person, firm, or corporation engaged in the construction project to be reviewed. (B) The state fire marshal, the proper local fire marshal, state inspector, or designated code official shall advise the permit applicant at the time the complete submittal application for a permit in accordance with the code official's plan submittal process is received that the state fire marshal, the proper local fire THURSDAY, MARCH 30, 2006 6083 marshal, state inspector, or designated code official intends to complete the required plan review within the time prescribed by this paragraph or that the applicant may immediately secure the services of a private professional provider to complete the required plan review pursuant to this subsection. The plan submittal process shall include those procedures and approvals required by the local jurisdiction before plan review can take place. If the state fire marshal, the proper local fire marshal, state inspector, or designated code official states its intent to complete the required plan review within the time prescribed by this paragraph, the applicant shall not be authorized to use the services of a private professional provider as provided in this subsection. The permit applicant and the state fire marshal, the proper local fire marshal, state inspector, or designated code official may agree by mutual consent to extend the time period prescribed by this paragraph for plan review if the characteristics of the project warrant such an extension. However, if the state fire marshal, the proper local fire marshal, state inspector, or designated code official states its intent to complete the required plan review within the time prescribed by this paragraph, or any extension thereof mutually agreed to by the applicant and the state fire marshal, the proper local fire marshal, state inspector, or designated code official and does not permit the applicant to use the services of a private professional provider and the state fire marshal, the proper local fire marshal, state inspector, or designated code official fails to complete such plan review in the time prescribed by this paragraph, or any extension thereof mutually agreed to by the applicant and the state fire marshal, the proper local fire marshal, state inspector, or designated code official, the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall issue the applicant a project initiation permit to allow the applicant to begin work on the project, provided that portion of the initial phase of work is compliant with applicable codes, laws, and rules. If a full permit is not issued for the portion requested for permitting, then the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall have an additional 20 business days to complete the review and issue the full permit. If the plans submitted for permitting are denied for any deficiency, the time frames and process for resubmittal shall be governed by divisions (2)(H)(iii) through (2)(H)(v) of this subsection. (C) Any plan review or inspection conducted by a private professional provider shall be no less extensive than plan reviews or inspections conducted by state, county, or municipal personnel responsible for review of plans for compliance with the state's minimum fire safety standards and, where applicable, the state's minimum accessibility standards. (D) The person, firm, or corporation retaining a private professional provider to conduct a plan review shall be required to pay to the state fire marshal, the proper local fire marshal, state inspector, or designated code official which requires the plan review the same regulatory fees and charges which would have been required had the plan review been conducted by the state fire marshal, the proper local fire marshal, state inspector, or designated code official. 6084 JOURNAL OF THE HOUSE (E) A private professional provider performing plan reviews under this subsection shall review construction plans to determine compliance with the state's minimum fire safety standards in effect which were adopted pursuant to this chapter and, where applicable, the state's minimum accessibility standards adopted pursuant to Chapter 3 of Title 30. Upon determining that the plans reviewed comply with the applicable codes and standards as adopted, such private professional provider shall prepare an affidavit or affidavits on a form prescribed by the Safety Fire Commissioner certifying under oath that the following is true and correct to the best of such private professional provider's knowledge and belief and in accordance with the applicable professional standard of care: (i) The plans were reviewed by the affiant who is duly authorized to perform plan review pursuant to this subsection and who holds the appropriate license or certifications and insurance coverage and insurance coverage stipulated in this subsection; and (ii) The plans comply with the state's minimum fire safety standards in effect which were adopted pursuant to this chapter and, where applicable, the state's minimum accessibility standards adopted pursuant to Chapter 3 of Title 30. (F) All private professional providers providing plan review services pursuant to this subsection shall secure and maintain insurance coverage for professional liability (errors and omissions) insurance. The limits of such insurance shall be not less than $1 million per claim and $1 million in aggregate coverage. Such insurance may be a practice policy or project-specific coverage. If the insurance is a practice policy, it shall contain prior acts coverage for the private professional provider. If the insurance is project-specific, it shall continue in effect for two years following the issuance of the certificate of final completion for the project. The state fire marshal, the proper local fire marshal, state inspector, or designated code official may establish, for private professional providers working within their respective jurisdictions specified by this chapter, a system of registration listing the private professional providers within their areas of competency and verifying compliance with the insurance requirements of this subsection. (G) The private professional provider shall be empowered to perform any plan review required by the state fire marshal, the proper local fire marshal, state inspector, or designated code official, regardless if the plan review is required by this subsection or by local county or municipal ordinance, provided that the plan review is within the scope of such private professional provider's area of expertise and competency. This subsection shall not apply to hospitals, ambulatory health care centers, nursing homes, jails, penal institutions, airports, buildings or structures that impact national or state homeland security, or any building defined as a highrise building in the State Minimum Standards Code, provided that interior tenant build-out projects within high-rise buildings are not exempt from this subsection, or plans related to Code Section 25-2-16 or 25-2-17 or Chapter 8, 9, or 10 of this title. (H)(i) The permit applicant shall submit a copy of the private professional provider's plan review report to the state fire marshal, the proper local fire THURSDAY, MARCH 30, 2006 6085 marshal, state inspector, or designated code official. Such plan review report shall include at a minimum all of the following: (I) The affidavit of the private professional provider required pursuant to this subsection; (II) The applicable fees required for permitting; (III) Other documents deemed necessary due to unusual construction or design, smoke removal systems where applicable with engineering analysis, and additional documentation required where performance based code options are used; and (IV) Any documents required by the state fire marshal, the proper local fire marshal, state inspector, or designated code official to determine that the permit applicant has secured all other governmental approvals required by law. (ii) No more than 30 business days after receipt of a permit application and the private professional provider's plan review report required pursuant to this subsection, the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall issue the requested permit or provide written notice to the permit applicant identifying the specific plan features that do not comply with the applicable codes or standards, as well as the specific reference to the relevant requirements. If the state fire marshal, the proper local fire marshal, state inspector, or designated code official does not provide a written notice of the plan deficiencies within the prescribed 30 day period, the permit application shall be deemed approved as a matter of law and the permit shall be issued by the state fire marshal, the proper local fire marshal, state inspector, or designated code official on the next business day. (iii) If the state fire marshal, the proper local fire marshal, state inspector, or designated code official provides a written notice of plan deficiencies to the permit applicant within the prescribed 30 day period, the 30 day period shall be tolled pending resolution of the matter. To resolve the plan deficiencies, the permit applicant may elect to dispute the deficiencies pursuant to this chapter, the promulgated rules and regulations adopted thereunder, or, where appropriate for existing buildings, the local governing authority's appeals process or the permit applicant may submit revisions to correct the deficiencies. (iv) If the permit applicant submits revisions, the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall have the remainder of the tolled 30 day period plus an additional five business days to issue the requested permit or to provide a second written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes or standards, with specific reference to the relevant requirements. If the state fire marshal, the proper local fire marshal, state inspector, or designated code official does not provide the second written notice within the prescribed time period, the permit shall be issued by the state fire marshal, the proper local fire marshal, state inspector, or designated code official on the next business day. 6086 JOURNAL OF THE HOUSE (v) If the state fire marshal, the proper local fire marshal, state inspector, or designated code official provides a second written notice of plan deficiencies to the permit applicant within the prescribed time period, the permit applicant may elect to dispute the deficiencies pursuant to this chapter, the rules and regulations promulgated thereunder, or, where applicable for existing buildings, the local governing authority's appeals process or the permit applicant may submit additional revisions to correct the deficiencies. For all revisions submitted after the first revision, the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall have an additional five business days to issue the requested permit or to provide a written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes or standards, with specific reference to the relevant requirements. (I) The state fire marshal may provide for the prequalification of private professional providers who may perform plan reviews pursuant to this subsection by rule or regulation authorized in Code Section 25-2-4. In addition, any local fire marshal, state inspector, or designated code official may provide for the prequalification of private professional providers who may perform plan reviews pursuant to this subsection; however, no additional local ordinance implementing prequalification shall become effective until notice of the proper local fire marshal, state inspector, or designated code official's intent to require prequalification and the specific requirements for prequalification have been advertised in the newspaper in which the sheriff's advertisements for that locality are published. The ordinance implementing prequalification shall provide for evaluation of the qualifications of a private professional provider only on the basis of the private professional provider's expertise with respect to the objectives of this subsection, as demonstrated by the private professional provider's experience, education, and training. Such ordinance may require a private professional provider to hold additional certifications, provided that such certifications are required by ordinance or state law for plan review personnel currently directly employed by such local governing authority. (J) Nothing in this subsection shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers. (K) If the state fire marshal, the proper local fire marshal, state inspector, or designated code official determines that the building construction or plans do not comply with the applicable codes or standards, the state fire marshal, the proper local fire marshal, state inspector, or designated code official may deny the permit or request for a certificate of occupancy or certificate of completion, as appropriate, or may issue a stop-work order for the project or any portion thereof as provided by law or rule or regulation, after giving notice and opportunity to remedy the violation, if the state fire marshal, the proper local fire marshal, state inspector, or designated code official determines that noncompliance exists with state laws, adopted codes or standards, or local ordinances, provided that: THURSDAY, MARCH 30, 2006 6087 (i) The state fire marshal, the proper local fire marshal, state inspector, or designated code official shall be available to meet with the private professional provider within two business days to resolve any dispute after issuing a stop-work order or providing notice to the applicant denying a permit or request for a certificate of occupancy or certificate of completion; and (ii) If the state fire marshal, the proper local fire marshal, state inspector, or designated code official and the private professional provider are unable to resolve the dispute, the matter shall be referred to the local enforcement agency's board of appeals, except as provided in Code Section 25-2-12 and appeals for those proposed buildings classified under paragraph (1) of subsection (b) of Code Section 25-2-13 or any existing building under the specific jurisdiction of the state fire marshal's office shall be made to the state fire marshal and further appeal shall be under Code Section 25-2-10. (L) The state fire marshal, the proper local fire marshal, state inspector, local government, designated code official enforcement personnel, or agents of the governing authority shall be immune from liability to any person or party for any action or inaction by an owner of a building or by a private professional provider or its duly authorized representative in connection with building plan review services by private professional providers as provided in this subsection. (M) Except as provided in this paragraph, no proper local fire marshal, state inspector, or designated code official shall adopt or enforce any rules, procedures, policies, or standards more stringent than those prescribed in this subsection related to private professional provider services. (N) Nothing in this subsection shall limit the authority of the state fire marshal, the proper local fire marshal, state inspector, or designated code official to issue a stopwork order for a building project or any portion of such project, as provided by law or rule or regulation authorized pursuant to Code Section 25-2-4, after giving notice and opportunity to remedy the violation, if the official determines that a condition on the building site constitutes an immediate threat to public safety and welfare. (O) When performing building code plan reviews related to determining compliance with the Georgia State Minimum Standard Codes most recently adopted by the Department of Community Affairs, the state's minimum fire safety standards adopted by the safety fire marshal, or the state's minimum accessibility standards pursuant to Chapter 3 of Title 30, a private professional provider is subject to the disciplinary guidelines of the applicable professional licensing board with jurisdiction over such private professional provider's license or certification under Chapters 4 and 15 of Title 43, as applicable. Any complaint processing, investigation, and discipline that arise out of a private professional provider's performance of the adopted building, fire safety, or accessibility codes or standards plan review services shall be conducted by the applicable professional licensing board or as allowed by state rule or regulation. Notwithstanding any disciplinary rules of the applicable professional licensing board with jurisdiction over such private professional provider's license or certification under Chapters 4 and 15 of 6088 JOURNAL OF THE HOUSE Title 43, the state fire marshal, the proper local fire marshal, state inspector, or designated code official enforcement personnel may decline to accept building plan reviews submitted by any private professional provider who has submitted multiple reports which required revisions due to negligence, noncompliance, or deficiencies." SECTION 3. This Act shall become effective on January 1, 2007. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Heard of the 104th moved that the House agree to the Senate substitute to HB 1385. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson N Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd Y Forster Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J 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, E Y Hudson 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 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 Manning Y Marin Y Martin Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell Morgan Y Morris Mosby Y Mosley Y Mumford 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 Scott, M Y Setzler Y 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 E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Richardson, Speaker THURSDAY, MARCH 30, 2006 6089 On the motion, the ayes were 147, nays 2. The motion prevailed. Representative Jacobs of the 80th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. The following Bill of the House was taken up for the purpose of considering the second report of the Committee of Conference thereon: HB 1216. By Representatives Freeman of the 140th, Rice of the 51st, Porter of the 143rd, Talton of the 145th, Byrd of the 20th and others: 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 allow the use of properly equipped all-terrain vehicles by law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following second report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 1216 The Committee of Conference on HB 1216 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1216 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Joseph Carter Senator, 13th District /s/ Allen Freeman Representative, 140th District /s/ Mitch Seabaugh Senator, 28th District /s/ Jay Roberts Representative, 154th District /s/ Ronnie Chance Senator, 16th District /s/ Matt Dollar Representative, 45th District A BILL 6090 JOURNAL OF THE HOUSE To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to allow the use of properly equipped all-terrain vehicles by law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Part 5 of Article 1 of Chapter 8, relating to equipment of law enforcement and emergency vehicles, by adding a new Code Section 40-8-91.1 immediately following Code Section 40-8-91, relating to marking and equipment of law enforcement vehicles, to read as follows: "40-8-91.1. (a) As used in this Code section, the term 'all-terrain vehicle' means any motorized vehicle designed for off-road use which is equipped with at least a 500 cubic centimeter engine, four or more low pressure tires, a seat to be straddled by the operator, and handlebars for steering control. (b) Every all-terrain vehicle must comply with the equipment and marking specifications set forth in this article before such vehicle can be used by law enforcement agencies and officers upon the public roads of this state. All provisions of law relating to safe operation of law enforcement or emergency vehicles shall be applied to the operation of such all-terrain vehicles. (c) Any all-terrain vehicle which is operated by law enforcement agencies and officers upon the public roads of this state shall be registered and licensed in accordance with the provisions of Code Section 40-2-37." SECTION 2. This Act shall become effective on July 1, 2006. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Freeman of the 140th moved that the House adopt the second report of the Committee of Conference on HB 1216. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Barnes Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Martin Maxwell Y May Y McCall McClinton Y Meadows Y Sailor Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw THURSDAY, MARCH 30, 2006 6091 Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G 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 N Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y 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 Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Jones, S Jordan Y Keen Y Keown Y Kidd Knight Y Knox 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 E Millar 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 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 E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Yates Richardson, Speaker On the motion, the ayes were 153, nays 1. 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 1178. By Representatives Hill of the 180th, Channell of the 116th, Cooper of the 41st, Brown of the 69th, Jenkins of the 8th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons; to provide for a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes. 6092 JOURNAL OF THE HOUSE The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 1178 The Committee of Conference on HB 1178 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1178 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Dan Thomas Senator, 54th District /s/ Cooper Representative, 41st District /s/ Goggans Senator, 7th District /s/ Channell Representative, 116th District /s/ Nancy Schaefer Senator, 50th District /s/ Cecily Hill Representative, 180th District A BILL To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons; to provide for a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide for certain coverage for pharmacy restocking fees; to amend Code Section 16-12-142 of the Official Code of Georgia Annotated, relating to requiring medical facilities or physicians to perform abortions and requiring others to assist, so as to provide that a pharmacist who states in writing an objection to any abortion shall not be required to fill a prescription for a drug if the purpose of the drug is to terminate a pregnancy; to provide that such refusal shall not be the basis for any claim for damages; to provide for the duration of the effectiveness of the written objection; to amend Chapter 34 of Title 31 of the Official Code of Georgia Annotated, relating to physicians for rural areas assistance, so as to revise the purpose of the chapter; to revise certain provisions regarding priority for certain specialties; to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and THURSDAY, MARCH 30, 2006 6093 related institutions, so as to revise a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by adding a new Article 11 to read as follows: "ARTICLE 11 26-4-190. This article shall be known and may be cited as the 'Utilization of Unused Prescription Drugs Act.' 26-4-191. As used in this article, the term: (1) 'Controlled substance' means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I through V of 21 C.F.R. Part 1308. (2) 'Health care facility' means an institution which is licensed as a nursing home, intermediate care home, personal care home, home health agency, or hospice pursuant to Chapter 7 of Title 31. (3) 'Medically indigent person' means: (A) A person who is Medicaid eligible under the laws of this state; or (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. 26-4-192. (a) The Georgia State Board of Pharmacy, the Department of Human Resources, and the Department of Community Health shall jointly develop and implement a state-wide program consistent with public health and safety standards through which unused prescription drugs, other than prescription drugs defined as controlled substances, may be transferred from health care facilities to pharmacies designated or approved by the Department of Human Resources for the purpose of distributing such drugs to residents of this state who are medically indigent persons. (b) The Georgia State Board of Pharmacy, the Department of Human Resources, and the Department of Community Health shall be authorized to develop and implement a pilot program to determine the safest and most beneficial manner of implementing the 6094 JOURNAL OF THE HOUSE program prior to the state-wide implementation of the program required in subsection (a) of this Code section. (c) The Georgia State Board of Pharmacy, in consultation with the Department of Human Resources and the Department of Community Health, shall develop and promulgate rules and regulations to establish procedures necessary to implement the program and pilot program, if applicable, provided for in this Code section. The rules and regulations shall provide, at a minimum: (1) For an inclusionary formulary for the prescription drugs to be distributed pursuant to the program; (2) For the protection of the privacy of the individual for whom a prescription drug was originally prescribed; (3) For the integrity and safe storage and safe transfer of the prescription drugs, which may include, but shall not be limited to, limiting the drugs made available through the program to those that were originally dispensed by unit dose or an individually sealed dose and that remain in intact packaging; provided, however, that the rules and regulations shall authorize the use of any remaining prescription drugs; (4) For the tracking of and accountability for the prescription drugs; and (5) For other matters necessary for the implementation of the program. (d) The state-wide program required by this Code section shall be implemented no later than January 1, 2007, unless a pilot program is implemented pursuant to subsection (b) of this Code section, in which case state-wide implementation shall occur no later than July 1, 2008. 26-4-193. In accordance with the rules and regulations promulgated pursuant to Code Section 264-192, the resident of a health care facility, or the representative or guardian of a resident, may donate unused prescription drugs, other than prescription drugs defined as controlled substances, for dispensation to medically indigent persons. 26-4-194. (a) Physicians, pharmacists, other health care professionals when acting within the scope of practice of their respective licenses, and health care facilities shall not be subject to liability for transferring or receiving unused prescription drugs pursuant to this article and in good faith compliance with the rules and regulations promulgated pursuant to Code Section 26-4-192. (b) Pharmacists and pharmacies shall not be subject to liability for dispensing unused prescription drugs pursuant to this article when such services are provided without reimbursement and when performed within the scope of their practice and in good faith compliance with the rules and regulations promulgated pursuant to Code Section 26-4192. For purposes of this subsection, a restocking fee paid to a pharmacy pursuant to Code Section 49-4-152.5 shall not be considered reimbursement. (c) Nothing in this Code section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of prescription drugs or its employees or THURSDAY, MARCH 30, 2006 6095 agents under any legal claim, including but not limited to product liability claims. Drug manufacturers shall not be subject to liability for any acts or omissions of any physician, pharmacist, other health care professional, health care facility, or pharmacy providing services pursuant to this article. (d) Drug manufacturers shall not be subject to criminal prosecution or liability in tort or other civil action for injury, death, or loss to person or property for the donation, acceptance, or dispensing of a drug under the program or for the failure to transfer or communicate product or consumer information or the expiration date of a drug donated under the program. 26-4-195. This article shall be construed in concert with Code Section 49-4-152.3." SECTION 2. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended by adding a new Code section to read as follows: "49-4-152.5. In the provision of medical assistance pursuant to this article, the department shall allow for the payment and coverage of appropriate restocking fees incurred by a pharmacy which receives and dispenses prescription drugs pursuant to the 'Utilization of Unused Prescription Drugs Act' in Article 11 of Chapter 4 of Title 26." SECTION 2A. Code Section 16-12-142 of the Official Code of Georgia Annotated, relating to requiring medical facilities or physicians to perform abortions and requiring others to assist, is amended by striking such Code section and inserting in its place the following: "16-12-142. (a) Nothing in this article shall require a hospital or other medical facility or physician to admit any patient under the provisions of this article for the purpose of performing an abortion. In addition, any person who states in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to participate in procedures which will result in such abortion; and the refusal of the person to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against the person. The written objection shall remain in effect until the person revokes it or terminates his association with the facility with which it is filed. (b) Any pharmacist who states in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to fill a prescription for a drug which purpose is to terminate a pregnancy; and the refusal of the person to fill such prescription shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against the person; provided, however, that the pharmacist shall make all reasonable efforts to locate another 6096 JOURNAL OF THE HOUSE pharmacist who is willing to fill such prescription or shall immediately return the prescription to the prescription holder. The written objection shall remain in effect until the person revokes it or terminates his or her association with the facility with which it is filed. Nothing in this subsection shall be construed to authorize a pharmacist to refuse to fill a prescription for birth control medication, including any process, device, or method to prevent pregnancy and including any drug or device approved by the federal Food and Drug Administration for such purpose." SECTION 2B. Chapter 34 of Title 31 of the Official Code of Georgia Annotated, relating to physicians for rural areas assistance, is amended by striking Code Section 31-34-2, relating to the purpose of the chapter, and inserting in lieu thereof the following: "31-34-2. It is the purpose of this chapter to increase the number of physicians in physician under served rural areas of Georgia by making loans to young physicians who recently have completed their medical education and allowing such loans to be repaid by such physicians agreeing to practice medicine in such rural areas." SECTION 2C. Said chapter is further amended in Code Section 31-34-4, relating to loan applicant qualifications and rules and regulations, by striking subsection (c) and inserting in lieu thereof the following: "(c) The board is authorized to consider among other criteria for granting loans under the provisions of this chapter the state residency status and home area of the applying physician and to give priority to those applicants who are physicians specializing in and actively practicing obstetrics actively practicing or beginning active practice in specialties experiencing shortages or distribution problems in rural areas of this state as determined by the board pursuant to rules and regulations adopted by it in accordance with this chapter. After giving such priority, the board may also consider, in the following order of priority, the applications of physicians specializing in obstetrics/gynecology, family practice, general practice, general internal medicine, general pediatrics, general surgery, psychiatry, or other medical specialties approved by the board." SECTION 2D. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended in Code Section 31-7-94.1, relating to definitions, by striking paragraph (3) and inserting in lieu thereof the following: "(3) 'Rural county' means a county having a population of less than 35,000 according to the United States decennial census of 1990 or any future such census; provided, however, that for counties which contain a military base or installation, the military personnel and their dependents living in such county shall be excluded from the total population of such county for purposes of this definition." THURSDAY, MARCH 30, 2006 6097 SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Hill of the 180th moved that the House adopt the report of the Committee of Conference on HB 1178. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Barnes Y Bearden Y 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 Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper 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 Everson Y Fleming Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger Golick Y Graves, D Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley N Jackson 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 Lakly Y Lane, B Y Lane, R Y Lewis N Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Marin Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar 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 Y Scheid Y Scott, A Y Scott, M Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton N Teilhet Y Thomas, A.M Y Thomas, B Tumlin Y Walker Y Warren Watson 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 5. The motion prevailed. 6098 JOURNAL OF THE HOUSE Representative Jacobs of the 80th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1073. By Representatives O`Neal of the 146th, Talton of the 145th, Ray of the 136th and Floyd of the 147th: 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 Houston 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 authorize the governing authority of the counties which comprise the Houston Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for a conditional effective date; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior court, so as to provide for a third judge of the superior courts of the Blue Ridge Judicial Circuit, a sixth judge of the superior courts of the Coweta Judicial Circuit, a third judge of the superior courts of the Houston Judicial Circuit, and a third judge of the superior courts of the Paulding Judicial Circuit; to provide for the appointment of such additional judges by the Governor; to provide for the election of successors to the judges initially appointed; to prescribe the powers of such judges; to prescribe the compensation, salary, and expense allowance of such judges to be paid by the State of Georgia and the counties comprising said circuits; to authorize the judges of such circuits to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for such circuits; to authorize the governing authority of the counties that comprise such circuits to provide facilities, office space, supplies, equipment, and personnel for such judges; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 30, 2006 6099 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part I SECTION 1-1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, is amended by striking paragraphs (6), (14), (21), and (31.1) and inserting their place new paragraphs to read as follows: "(6) Blue Ridge Circuit ................................................................................................... 2 3" "(14) Coweta Circuit ....................................................................................................... 5 6" "(21) Houston Circuit...................................................................................................... 2 3" "(31.1) Paulding Circuit .................................................................................................. 2 3" Part II SECTION 2-1. One additional judge of the superior courts is added to the Blue Ridge Judicial Circuit, thereby increasing to three the number of judges of said circuit. SECTION 2-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2007, and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. SECTION 2-3. The additional judge of the superior courts of the Blue Ridge Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Blue Ridge Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 2-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the county comprising the Blue Ridge Judicial Circuit shall be the same as are now provided 6100 JOURNAL OF THE HOUSE by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the county of said circuit of the salary of the judges of the superior courts of the Blue Ridge Judicial Circuit shall also be applicable to the additional judge provided for by this Act. SECTION 2-5. All writs and processes in the superior courts of the Blue Ridge Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. SECTION 2-6. Upon and after qualification of the additional judge of the superior court of the Blue Ridge Judicial Circuit, the three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. SECTION 2-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time. SECTION 2-8. The three judges of the Blue Ridge Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. SECTION 2-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Blue Ridge Judicial Circuit may bear teste in the name of any judge of the Blue Ridge Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any THURSDAY, MARCH 30, 2006 6101 other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof. SECTION 2-10. Upon request of any judge of the circuit, the governing authority of the county comprising the Blue Ridge Judicial Circuit is authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such. Part III Reserved Part IV SECTION 4-1. One additional judge of the superior courts is added to the Coweta Judicial Circuit, thereby increasing to six the number of judges of said circuit. SECTION 4-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2007, and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. SECTION 4-3. The additional judge of the superior courts of the Coweta Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Coweta Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 4-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the 6102 JOURNAL OF THE HOUSE counties comprising the Coweta Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the counties of said circuit of the salary of the judges of the superior courts of the Coweta Judicial Circuit shall also be applicable to the additional judge provided for by this Act. SECTION 4-5. All writs and processes in the superior courts of the Coweta Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide six judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. SECTION 4-6. Upon and after qualification of the additional judge of the superior court of the Coweta Judicial Circuit, the six judges of such circuit may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The six judges of the superior courts of the Coweta Judicial Circuit shall have and are clothed with full power, authority, and discretion to determine from time to time and term to term the manner of calling the dockets, fixing the calendars, and order of business in such courts. They may assign to one of such judges the hearing of trials by jury for a term and the hearing of all other matters not requiring a trial by jury to the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within such circuit, or they may hear chambers business and motion business at the same time at any place within such circuit. They may provide in all respects for holding the superior courts of such circuit so as to facilitate the hearing and determination of all the business of such courts at any time pending and ready for trial or hearing. In all such matters relating to the fixing, arranging for, and disposing of the business of such courts and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as provided for in this Act shall control. SECTION 4-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have THURSDAY, MARCH 30, 2006 6103 full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time. SECTION 4-8. The six judges of the Coweta Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. SECTION 4-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Coweta Judicial Circuit may bear teste in the name of any judge of the Coweta Judicial Circuit and, when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof. SECTION 4-10. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Coweta Judicial Circuit are authorized to furnish the judges of such circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such. Part V Reserved. Part VI SECTION 6-1. One additional judge of the superior courts is added to the Houston Judicial Circuit, thereby increasing to three the number of judges of said circuit. SECTION 6-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2007, and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years 6104 JOURNAL OF THE HOUSE and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. SECTION 6-3. The additional judge of the superior courts of the Houston Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Houston Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 6-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the county comprising the Houston Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the county of said circuit of the salary of the judges of the superior courts of the Houston Judicial Circuit shall also be applicable to the additional judge provided for by this Act. SECTION 6-5. All writs and processes in the superior courts of the Houston Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. SECTION 6-6. Upon and after qualification of the additional judge of the superior court of the Houston Judicial Circuit, the three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. SECTION 6-7. THURSDAY, MARCH 30, 2006 6105 The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time. SECTION 6-8. The three judges of the Houston Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. SECTION 6-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Houston Judicial Circuit may bear teste in the name of any judge of the Houston Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof. SECTION 6-10. Upon request of any judge of the circuit, the governing authority of the county comprising the Houston Judicial Circuit are authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such. Part VII SECTION 7-1. One additional judge of the superior courts is added to the Paulding Judicial Circuit, thereby increasing to three the number of judges of said circuit. SECTION 7-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2007, and continuing through December 31, 2008, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2008, for a term of four years beginning on January 1, 2009, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years 6106 JOURNAL OF THE HOUSE and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. SECTION 7-3. The additional judge of the superior courts of the Paulding Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Paulding Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 7-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the county comprising the Paulding Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the county of said circuit of the salary of the judges of the superior courts of the Paulding Judicial Circuit shall also be applicable to the additional judge provided for by this Act. SECTION 7-5. All writs and processes in the superior courts of the Paulding Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. SECTION 7-6. Upon and after qualification of the additional judge of the superior court of the Paulding Judicial Circuit, the three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. SECTION 7-7. THURSDAY, MARCH 30, 2006 6107 The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time. SECTION 7-8. The three judges of the Paulding Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. SECTION 7-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Paulding Judicial Circuit may bear teste in the name of any judge of the Paulding Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof. SECTION 7-10. Upon request of any judge of the circuit, the governing authority of the county comprising the Paulding Judicial Circuit is authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such. Part VIII SECTION 8-1. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. SECTION 8-2. (a) For purposes of making the initial appointment of the judge to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) For all other purposes, Parts II, IV, VI, and VII of this Act shall become effective January 1, 2007. (c) For all other purposes, Parts I, III, V, and VIII of this Act shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval. 6108 JOURNAL OF THE HOUSE SECTION 8-3. 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 1073. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y 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 N Byrd Y Carter Y Casas N 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 N Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd Forster N Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson 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 Lakly Y Lane, B Y Lane, R Y Lewis Lindsey Y Lord Y Loudermilk Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar 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 Porter Y Powell Y Ralston Y Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Roberts Y Rogers Y Royal Y Rynders 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 E 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 Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 148, nays 5. The motion prevailed. THURSDAY, MARCH 30, 2006 6109 Representative Byrd of the 20th stated that she inadvertently voted "nay" on the preceding roll call. Se wished to be recorded as voting "aye" thereon. 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 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 1008. By Representative Carter of the 159th: A BILL to be entitled an Act to amend Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Hospice Law," so as to provide that palliative care may be provided under hospice to patients with advanced and progressive diseases with a life expectancy of more than six months; to revise certain definitions relating to hospice care; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Carter of the 159th moved that the House recede from its position in disagreeing to the Senate substitute to HB 1008. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y 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 Y Byrd Y Crawford Y Cummings Davis Y Day Y Dean Y Dickson Dodson Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd Y Forster Franklin Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson 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 Lakly Y Lane, B Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar 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 Sailor Y 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 E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin 6110 JOURNAL OF THE HOUSE Y Carter Y Casas Y Chambers Y Channell Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Graves, T Y Greene Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders 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 1. The motion prevailed. The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon: SB 503. By Senators Hamrick of the 30th and Hill of the 4th: A BILL to be entitled an Act to amend Chapter 21A of Title 15, Title 17, and Code Section 42-8-34.1 of the O.C.G.A., relating respectively to judicial accounting, criminal procedure, and to legal defense for indigents, requirements for revocation of probated or suspended sentence, so as to change certain provisions relating to the Georgia Public Defender Standards Council and the provision of legal services to indigent persons; to clarify that the application fee for indigent defense services is not a prerequisite to obtaining legal services; to specify the types of standards that shall be submitted to the General Oversight Committee for the Georgia Public Defender Standards Council; to change certain provisions relating to the budget for the Office of the Georgia Capital Defender; 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 503 The Committee of Conference on SB 503 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 503 be adopted. Respectfully submitted, THURSDAY, MARCH 30, 2006 6111 FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Rogers Senator, 21st District /s/ Crawford Representative, 127th District /s/ Mullis Senator, 53rd District /s/ May Representative, 111th District /s/ Tolleson Senator, 20th District /s/ Ralston Representative, 7th District A BILL To amend Chapter 21A of Title 15 and Title 17 of the Official Code of Georgia Annotated, relating respectively to judicial accounting and criminal procedure, so as to change certain provisions relating to the Georgia Public Defender Standards Council and the provision of legal services to indigent persons; to clarify that the application fee for indigent defense services is not a prerequisite to obtaining legal services; to provide for certain continuances; to provide that such fee may be paid as a condition of probation; to define an indigent person with respect to the federal poverty level; to provide for staggered terms for the councilmembers of the Georgia Public Defender Standards Council; to change certain provisions relating to the standards created by the Georgia Public Defender Standards Council; to change certain provisions relating to guidelines for determining indigency; to change certain provisions relating to the budget of the council; to provide that public defenders shall not be authorized to utilize a badge, shield, or similar item; to change certain provisions relating to public defenders; to change certain provisions relating to contracting with the Department of Administrative Services for personnel paid by local governments; to change certain provisions relating to the budget for the Office of the Georgia Capital Defender; 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 21A of Title 15 of the Official Code of Georgia Annotated, relating to judicial accounting, is amended by striking subsections (b) and (e) of Code Section 15-21A-6, relating to additional filing fees and application fee for free legal services, and inserting in lieu thereof the following: "(b) Any person who applies for or receives legal defense services under Chapter 12 of Title 17 shall pay the entity providing the services a single fee of $50.00 for the application for, receipt of, or application for and receipt of such services. The application fee may not be imposed if the payment of the fee is waived by the court. 6112 JOURNAL OF THE HOUSE 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. If the application fee required by this subsection has not been paid or waived at the time the defendant is sentenced, the court shall impose such fee as a condition of probation." "(e) A public entity other than an entity providing legal defense services under Chapter 12 of Title 17 may charge, in addition to any other fee or surcharge authorized by law, a $50.00 application fee unless waived by the court for inability to pay or hardship. If the application fee required by this subsection has not been paid or waived at the time the defendant is sentenced, the court shall impose such fee as a condition of probation. 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." SECTION 2. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Chapter 10, relating to sentence and punishment, by adding a new Code section to read as follows: "17-10-8.1. In any case in which a defendant receives legal defense services pursuant to Chapter 12 of Title 17 where the defendant has not paid the application fee required by Code Section 15-21A-6 and the court has not waived such fee at the time of sentencing, the court shall impose such fee as a condition of probation." SECTION 3. Said title is further amended by designating the existing portion of Code Section 17-8-26, relating to grounds for granting continuances when a party or a party's attorney is in attendance at the General Assembly, as subsection (a) and by inserting a new subsection (b) at the end of such Code section to read as follows: "(b) A continuance and stay shall also be granted for such other times as the member of the General Assembly or staff member certifies to the court that his or her presence elsewhere is required by his or her duties with the General Assembly." SECTION 4. Said title is further amended by striking Code Section 17-12-2, relating to definitions, and inserting in lieu thereof the following: "17-12-2. As used in this chapter, the term: (1) 'Assistant public defender' means an attorney who is employed by any circuit public defender or conflict defender office. (2) 'Circuit public defender' means the head of a public defender office providing indigent defense representation within any given judicial circuit of this state. (3) 'Circuit public defender office' means the office of any of the several circuit public defenders. THURSDAY, MARCH 30, 2006 6113 (4) 'Council' means the Georgia Public Defender Standards Council. (5) 'Indigent person' or 'indigent defendant' means: (A) A person charged with a misdemeanor, violation of probation, or a municipal, county, or juvenile offense punishable by imprisonment who earns or, in the case of a juvenile, whose parents earn, less than 125 percent of the federal poverty guidelines unless there is evidence that the person has other resources that might reasonably be used to employ a lawyer without undue hardship on the person or his or her dependents; and (B) A person charged with a felony who earns or, in the case of a juvenile, whose parents earn, less than 150 percent of the federal poverty guidelines unless there is evidence that the person has other resources that might reasonably be used to employ a lawyer without undue hardship on the person or his or her dependents. In no case shall a person whose maximum income level exceeds 150 percent of the federal poverty level or, in the case of a juvenile, whose household income exceeds 150 percent of the federal poverty level be an indigent person or indigent defendant. (6) 'Public defender' means an attorney who is employed in a circuit public defender office or conflict defender office or who represents an indigent person pursuant to this chapter." SECTION 5. Said title is further amended by striking Code Section 17-12-3, relating to the Georgia Public Defender Standards Council's creation and membership, and inserting in lieu thereof the following: "17-12-3. (a) There is created the Georgia Public Defender Standards Council to be composed of 11 members. (b) Ten members The membership of the council shall be appointed as follows: (1) Two members shall be appointed by the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court of Georgia, and the Chief Judge of the Georgia Court of Appeals as further set forth in paragraph (2) of this subsection. The members of the council shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. The These members shall serve terms of four years; provided, however, that the members appointed from the even-numbered judicial administration circuits shall serve initial terms of six years and thereafter shall serve terms of four years; (2) The members appointed pursuant to paragraph (1) of this subsection shall be chosen so that each of the ten judicial administration districts in the state is represented and so that each appointing authority shall rotate the particular judicial administration district for which he or she is responsible for appointing. The appointments shall be as follows: (A) For the initial appointments: 6114 JOURNAL OF THE HOUSE (i) The Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (B) For the first subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (C) For the second subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; and THURSDAY, MARCH 30, 2006 6115 (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (D) For the third subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; and (E) For the fourth subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8. All subsequent appointments shall continue on, with the entire cycle starting over again as specified in subparagraph (A) of this paragraph; (3) In addition, there the eleventh member shall be one circuit public defender who shall serve on the council. After the initial appointments as set forth in paragraph (4) of this subsection, the circuit public defender to serve on the council shall be elected by a majority vote of all the circuit public defenders. The circuit public defender councilmember shall serve terms of two years; (4) All initial appointments shall be made to become members of the council on July 1, 2003, and their successors shall become members of the council on July 1 following their appointment. The initial appointees from the even-numbered judicial 6116 JOURNAL OF THE HOUSE administration circuits shall serve until June 30, 2009. Notwithstanding the provisions of paragraph (3) of this subsection, the initial member representing the circuit public defenders shall be made by the Supreme Court of Georgia. The person representing the circuit defender position on the initial council shall be engaged on a full-time basis in the provision of criminal defense to the indigent; (5) Any vacancy for a member appointed pursuant to paragraphs (1) and (2) of this subsection shall be filled by the appointing authority, and such appointee shall serve the balance of the vacating member's unexpired term; and (6) Any vacancy for a member appointed pursuant to paragraph (3) of this subsection shall be the successor to the circuit public defender as set forth in subsection (d) of Code Section 17-12-20. (c) In making these appointments, the appointing authorities shall seek to identify and appoint persons who represent a diversity of backgrounds and experience and shall solicit suggestions from the State Bar of Georgia, state and local bar associations, the Georgia Association of Criminal Defense Lawyers, the councils representing the various categories of state court judges in Georgia, and the Prosecuting Attorneys Council of the State of Georgia, as well as from the public and other interested organizations and individuals within the state. The appointing authorities shall not appoint a prosecuting attorney as defined in paragraph (6) of Code Section 19-13-51, any employee of a prosecuting attorney's office, or an employee of the Prosecuting Attorneys Council of the State of Georgia to serve on the council. (d) This Code section shall become effective on July 1, 2003, for purposes of making the initial appointments to the council." SECTION 6. Said title is further amended by striking paragraph (8) of subsection (b) of Code Section 17-12-8, relating to approval by the Georgia Public Defender Standards Council of programs for representation of indigents and development of standards, and inserting in lieu thereof the following: "(8) Standards for determining indigence and for assessing and collecting the costs of legal representation and related services;" SECTION 7. Said title is further amended by striking subsection (a) of Code Section 17-12-24, relating to guidelines for determining indigency, and inserting in lieu thereof the following: "(a) The council shall establish guidelines for determining the financial eligibility of persons claiming indigence, and the circuit public defender and any other person or entity providing indigent defense services shall use the guidelines to determine the financial eligibility of any person or juvenile arrested, detained, or charged in any manner in accordance with the definition of an indigent person set forth in Code Section 17-12-2 that would entitle him or her to representation under this article chapter." THURSDAY, MARCH 30, 2006 6117 SECTION 8. Said title is further amended by striking subsection (b) of Code Section 17-12-26, relating to the budget of the council, and inserting in lieu thereof the following: "(b) The budget of the council shall include the budget of all circuit public defenders and other offices and entities, including conflict defender offices and appointed attorneys providing indigent defense representation under the authority of this article and the multicounty public defender office Office of the Georgia Capital Defender and the office of the mental health advocate." SECTION 9. Said title is further amended by striking subsection (g) of Code Section 17-12-27, relating to the appointment of assistant public defenders, salary, and promotions, and inserting a new subsection (g) to read as follows: "(g) All full-time state paid employees of the office of the circuit public defender shall be state employees in the unclassified service of the State Merit System of Personnel Administration with all benefits of such appointed state employees as provided by law. A circuit public defender, assistant public defender, or local public defender may be issued an employee identification card by his or her employing agency; provided, however, no employer of any such public defender shall issue nor shall any public defender display, wear, or carry any badge, shield, card, or other item that is similar to a law enforcement officer's badge or that could be reasonably construed to indicate that the public defender is a peace officer or law enforcement official." SECTION 10. Said title is further amended by striking Code Section 17-12-32, relating to contracting with the Department of Administrative Services for personnel paid by local governments, and inserting in lieu thereof the following: "17-12-32. The governing authority of any county or municipality within the judicial circuit which provides additional personnel for the office of circuit public defender may contract with the Department of Administrative Services council to provide such additional personnel in the same manner as is provided for state paid personnel in this article. Any such personnel shall be considered state employees and shall be entitled to the same fringe benefits as other state paid personnel employed by the circuit public defender pursuant to this article. The governing authority of such county or municipality shall transfer to the department council such funds as may be necessary to cover the compensation, benefits, travel, and other expenses for such personnel." SECTION 11. Said title is further amended by striking Code Section 17-12-124, relating to the budget for the Office of the Georgia Capital Defender, and inserting in lieu thereof the following: "17-12-124. 6118 JOURNAL OF THE HOUSE The council shall prepare an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year of this state. The budget shall be submitted by the capital defender to the council and for Fiscal Year 2005 and thereafter shall include the proposed budget for representation of all indigent persons accused of a capital felony for which the death penalty is or is likely to be sought." SECTION 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. Representative Crawford of the 127th moved that the House adopt the report of the Committee of Conference on SB 503. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y 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 Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Cheokas Y Coan Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S 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 Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell Morgan Morris Y Mosby Y Mosley Y 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 Y Randall Y 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 Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V E 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 THURSDAY, MARCH 30, 2006 6119 Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Lunsford Y Maddox N Mangham Y Manning Y Marin Y Rice Y Roberts Y Rogers Y Royal Rynders Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 158, nays 2. The motion prevailed. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, MARCH 30, 2006 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 30, 2006, by adding the following: UNCONTESTED HOUSE/SENATE RESOLUTIONS *Uncontested Legislation is Structured* HR 1079 HR 1365 HR 1921 Creation of a Children's Budget Committee; create New nuclear power plants; electric utilities; urge to build House Study Committee on Funding for the Arts; create DEBATE CALENDAR Modified Open Rule SB 569 Local Government; newly created municipalities; change provisions; removal of new municipal corporations Structured Rule SB 282 Legislative Services Committee; change provisions; abolish Leg. Budget Office; Fiscal Affairs Subcommittees SB 552 South Fulton, City; incorporate; provide for a charter SB 596 Delivering the Cure; Newborn Umbilical Cord Blood Initiative Act; provide for creation of commission; definitions; donations SB 637 Georgia Driver's Education Commission; change membership; distribution of fines/forfeitures; definition SB 638 Aircraft; liens for labor/contracts of indemnity; filing notice of intention to claim with clerk of superior court 6120 JOURNAL OF THE HOUSE 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 Resolutions of the House were taken up for consideration and read the third time: HR 1079. By Representatives Millar of the 79th, Burmeister of the 119th, Manning of the 32nd, Byrd of the 20th and Houston of the 170th: A RESOLUTION creating the House Study Committee on the Creation of a Children's Budget; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION Creating the House Study Committee on the Creation of Focus on Our Future: A Children's Budget; and for other purposes. WHEREAS, the safety, welfare, and education of our children are of paramount importance; and WHEREAS, such safety, welfare, and education are dependent on appropriate and sufficient funding of critical social and educational programs and on the fundamental principles that drive state policy; and WHEREAS, multiple agencies of state government support programs and interventions for children and youth, often serving the same populations; and WHEREAS, the child-serving agencies of state government have responsibility for planning and budgets for their respective investments in defined services or outcomes related to children; and WHEREAS, there is difficulty in identifying all of the various line items in the current format of the state budget which contribute wholly or partially to the conditions and status of children and youth; and THURSDAY, MARCH 30, 2006 6121 WHEREAS, a study of the issues surrounding the feasibility and usefulness of an easily accessed resource which would identify all programs, sources of funding in the state budget, and trends in children's outcomes related to their safety, welfare, and education would be beneficial to determine whether legislative action should be recommended. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on the Creation of Focus on Our Future: A Children's Budget to be composed of seven members. The Speaker of the House of Representatives shall appoint five members of the House of Representatives as members of the committee and shall designate one of such members as chairperson. The Speaker of the House of Representatives shall appoint two additional members of the committee who shall include representatives of child advocacy or policy organizations. The committee shall meet at the call of the chairperson. The committee shall utilize the expertise of agencies, departments, groups, and organizations specializing in children's services and child advocacy as it sees fit. 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 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 other 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 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, by substitute, was agreed to. HR 1921. By Representatives Burkhalter of the 50th and Stephens of the 164th: A RESOLUTION to create the House Study Committee on Funding for the Arts; and for other purposes. 6122 JOURNAL OF THE HOUSE The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION To create the House Study Committee on Funding for the Arts; and for other purposes. WHEREAS, tourism is Georgia's second largest industry and cultural heritage tourism is the fastest growing industry segment; and WHEREAS, the arts surpass professional sports in attendance and are ranked as one of the top ten reasons for corporate relocations; and WHEREAS, the arts preserve history and heritage for Georgians; and WHEREAS, the arts enhance education success for our children through the teaching of complex and abstract ideas; the nurturing of the development of cognitive, social, and personal competencies; and the reaching of otherwise unreachable students; and WHEREAS, companies desire employees who can meet the challenges of a global economy and can apply creative thought to problem solving; and WHEREAS, the arts build communities and increase the quality of life for Georgians; and WHEREAS, increasing the availability of the arts and tourism is a direct economic benefit for the economy of Georgia and will provide jobs and opportunities for our citizens; and WHEREAS, it is in the best interests of this state and its citizens to support the arts and tourism by funding such activities and providing such activities with a stable and reliable base of support. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Funding for the Arts 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 above issues and recommend any actions or legislation that the committee deems necessary or appropriate. The committee shall seek the input of a diverse representation of the arts community in this state in performing its study. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to THURSDAY, MARCH 30, 2006 6123 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 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 that 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. By unanimous consent, the following roll call vote was made applicable to the previously read Resolutions. On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y 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 Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Cheokas Y Coan Y Crawford Y Cummings Davis Y Day Y Dean Y Dickson Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Floyd, J Fludd Y Forster 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 Hill, C.A Y Holmes Y Holt N Horne Y Houston Y Howard, E 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 Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar 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 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 E 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 6124 JOURNAL OF THE HOUSE Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Rice Y Roberts Y Rogers Y Royal Rynders Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolutions, the ayes were 151, nays 2. The Resolutions, having received the requisite constitutional majority, were adopted. HR 1365. By Representatives Smith of the 113th, Lewis of the 15th, Murphy of the 23rd, Forster of the 3rd, Wix of the 33rd and others: A RESOLUTION urging electric utilities to consider building new nuclear power plants in Georgia and the Public Service Commission to take appropriate steps to encourage this policy; and for other purposes. The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Encouraging electric utilities to consider building new nuclear power plants in Georgia and the Public Service Commission to take appropriate steps to encourage this policy; and for other purposes. WHEREAS, virtually all new power plants built in Georgia in the last 15 years are fueled by natural gas, thereby exposing electricity consumers to volatile price fluctuations; and WHEREAS, nuclear power plants produce electricity at a stable price at high levels of safety and reliability, while emitting no greenhouse or acid rain gases; and WHEREAS, in 2005, the United States Congress passed an energy bill that provides a number of incentives encouraging electric utilities to pursue nuclear energy to reduce dependence on energy supplies from unstable parts of the world. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body encourage electric utilities in Georgia to consider building new nuclear power plants to serve customers in Georgia. BE IT FURTHER RESOLVED that the members of this body encourage the Public Service Commission to take appropriate measures to encourage Georgia utilities to consider building nuclear power plants and to encourage utilities to take reasonable steps to maintain the nuclear power generation option in Georgia. THURSDAY, MARCH 30, 2006 6125 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 Georgia electric utility companies and to each member of the Georgia Public Service Commission. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Barnes Y Bearden N Beasley-Teague N Benfield Y Benton N Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown Bruce N Bryant N Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox Y Crawford Cummings Y Davis Y Day N Dean Y Dickson Dodson Y Dollar Drenner Dukes Y Ehrhart Y England N Epps Y Everson 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 N Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E Y Hudson N Hugley N Jackson N Jacobs Y James N Jamieson Y Jenkins Y Jennings Johnson Y Jones, J N Jones, S 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 Y Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Maxwell Y May McCall McClinton Y Meadows E Millar Y Mills N Mitchell Morgan Morris Mosby Y Mosley Mumford Y Murphy, J Y Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor 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 E Smyre N Stanley-Turner Y Stephens Stephenson Y Talton N Teilhet Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Warren N Watson Y Wilkinson Y Willard N Williams, A Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 118, nays 32. 6126 JOURNAL OF THE HOUSE The Resolution, having received the requisite constitutional majority, was adopted, by substitute. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has adopted the report of the Committee of Conference on the following bill of the House: HB 304. By Representatives Burmeister of the 119th, Yates of the 73rd, Shaw of the 176th, Cummings of the 16th and Rice of the 51st: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to change the provisions relating to the imposition and determination of the amount of certain regulatory fees by local governments; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitutes to the following bills of the Senate: SB 135. By Senators Smith of the 52nd, Hill of the 32nd, Grant of the 25th, Kemp of the 46th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, so as to provide for procedures related to jurisdiction and indictment for children charged with crimes within the jurisdiction of superior courts; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 244. By Senators Hudgens of the 47th, Kemp of the 46th, Douglas of the 17th and Grant of the 25th: A BILL to be entitled an Act to amend Title 47 of the O.C.G.A., relating to retirement and pensions, so as to create the Magistrates Retirement Fund; to define certain terms; to create a board of commissioners; to provide for appointment and terms of members of the board; to provide for the office of secretary-treasurer of the board; to provide for additional employees; to provide for a salary and fund membership; to provide for powers and duties of the board; to provide that the state auditor shall make annual audits of the fund; to provide conditions for eligibility for membership; to provide THURSDAY, MARCH 30, 2006 6127 conditions for eligibility to receive a retirement benefit; to provide for a retirement benefit; to provide for benefits for surviving spouses; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. SB 253. By Senators Smith of the 52nd, Weber of the 40th, Carter of the 13th, Meyer von Bremen of the 12th and Hamrick of the 30th: A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured or mobile homes, so as to change certain provisions relating to requirements for Certificate of Permanent Location; to change certain provisions relating to recording documents in connection with a Certificate of Permanent Location; to provide alternative methods for obtaining a Certificate of Permanent Location; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 597. By Senators Pearson of the 51st, Balfour of the 9th, Cagle of the 49th, Powell of the 23rd, Schaefer of the 50th and others: A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and tax appeal procedures, so as to change certain provisions regarding recovery of certain appeal costs by a taxpayer; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The Senate recedes from its substitute to the following bill of the House: HB 239. By Representatives Fleming of the 117th, Keen of the 179th, Burkhalter of the 50th, Parrish of the 156th, Cooper of the 41st and others: A BILL to be entitled an Act to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for the manner of making certain settlement offers in certain civil actions; to provide that a party rejecting a settlement offer may be liable for litigation costs where a judgment is significantly less favorable to the rejecting party than was the settlement offer; to provide for practice and procedure; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. The Senate has adopted the report of the Committee of Conference on the following bill of the House: 6128 JOURNAL OF THE HOUSE 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 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. The Senate has agreed to the House substitutes to the following bills of the Senate: SB 382. By Senators Harp of the 29th and Hill of the 32nd: A BILL to be entitled an Act to amend Titles 5, 7, and 19 of the O.C.G.A., relating respectively to appeal and error, banking and finance, and domestic relations, so as to change provisions relating to the calculation of child support; to clarify the direct appeal process in certain domestic relations cases; to clarify the calculation of the amount of interest on arrearage of child support; to clarify definitions; to provide guidelines for determining the amount of child support to be paid; to change provisions relating to guidelines for calculating child support; to reorganize Code Section 19-6-15, relating to guidelines for calculating child support, to provide more clarity on the application of such child support; to allow a jury to determine deviations; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. SB 515. By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Starr of the 44th and Thomas of the 54th: A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs under the "Quality Basic Education Act," so as to expand the grades of eligibility for the remedial education program; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House amendment to the following bill of the Senate: SB 581. By Senators Mullis of the 53rd, Tolleson of the 20th, Carter of the 13th, Thomas of the 54th, Hamrick of the 30th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Public Safety Training THURSDAY, MARCH 30, 2006 6129 Center, so as to authorize the training center to provide training for emergency medical personnel; to change certain provisions relating to the Georgia Public Safety Training Center; 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 bills of the Senate and House: HB 194. By Representatives Martin of the 47th, Burkhalter of the 50th, Amerson of the 9th, Royal of the 171st, Ashe of the 56th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. SB 500. By Senators Stephens of the 27th, Wiles of the 37th, Staton of the 18th and Hill of the 32nd: A BILL to be entitled an Act to provide a short title; to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to require all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide for certain storage devices for such systems; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for procedures for voting on electronic recording voting systems; to provide for a pilot program during the 2006 November general election and any runoff therefrom in certain counties; to provide for related matters; to provide for effective dates; 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 Bills of the Senate were taken up for consideration and read the third time: SB 569. By Senators Weber of the 40th, Johnson of the 1st and Williams of the 19th: 6130 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, so as to change certain local government provisions with respect to newly created municipalities; to revise certain provisions relating to the removal of new municipal corporations from county special districts for the provision of local government services; to provide for the offer of sale to a newly created municipality of county property used for parks and recreation purposes within the geographical boundaries of the new municipality; to provide for additional limitations and requirements in the event a new municipality is created in a county subsequent to a referendum in which bonded indebtedness is approved; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain local government provisions with respect to newly created municipalities; to revise certain provisions relating to the removal of new municipal corporations from county special districts for the provision of local government services; to provide for the offer of sale to certain qualified municipalities of county property used for police stations, fire stations, or parks within the geographical boundaries of the qualified municipality; to provide for procedures, conditions, and limitations; to provide for additional limitations and requirements in the event a new municipality is created in a county subsequent to a referendum in which bonded indebtedness is approved; 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 Code section immediately following Code Section 36-31-11, to be designated Code Section 36-31-11.1, to read as follows: "36-31-11.1. (a) As used in this Code section, the term: (1) 'County's cost' means the original amount paid by the county for the land, buildings, and improvements, plus interest at the rate of 3 percent per annum from the date the county paid any such amounts to the date title to such property is transferred to the qualified municipality pursuant to this Code section. (2) 'Police station,' 'fire station,' or 'park' means property, including buildings and fixtures located on such property, that is located within the municipality and has been THURSDAY, MARCH 30, 2006 6131 used by the county to provide police, fire, or park services to territory located within a qualified municipality during the calendar year prior to the year the municipality is removed from the special district under subsection (a) or (b) or this Code section. (3) 'Qualified municipality' means any new municipality created by local Act or any existing municipality for which the 24 month transition period provided for in Code Section 36-31-8 has not yet expired. (b) It is the intent of the legislature that the residents of a qualified municipality receive full credit for taxes paid for police stations, fire stations, and parks; to assure that qualified municipalities will have the facilities necessary to deliver such services; and to provide certainty as to how the purchase price for such facilities will be determined. When a qualified municipality is removed from a special district as provided in either Code Section 36-31-11 or subsection (c) of this Code section, the qualified municipality may elect to purchase from the county police stations, fire stations, or parks, as provided in subsections (d), (e), and (f) of this Code section. (c) A municipal corporation created by local Act within a county which has a special district for the provision of fire services shall continue to be part of such special fire district where such local Act so provides or the governing authority of the municipality elects to continue to be part of the special fire district by formal resolution, provided the governing authority of the municipality delivers a copy of such resolution to the governing authority of the county within ten business days after the date the resolution is adopted. Such municipality may subsequently adopt a resolution stating its intent to be removed from the district and the date of removal, provided the governing authority of the municipality delivers a copy of such resolution to the governing authority of the county at least three months prior to the date of removal. (d) Within a 30 days after the governing body of a new municipal corporation is sworn in, the governing authority of the county shall provide to the governing authority of the qualified municipality a listing of all county properties located in the qualified municipality, including without limitation all police stations, fire stations, and parks. If a qualified municipality elects to purchase any police station, fire station, or park from the county, the governing authority of the qualified municipality shall provide written notice to the governing authority of the county specifying the properties to be purchased and the date or dates the qualified municipality will assume responsibility for providing police, fire, or park services consistent with the transition period provided in Code Section 36-31-8. Such notice shall be provided with respect to each such property no less than two months prior to the date the qualified municipality intends assume responsibility for providing police, fire, or parks services using such property. The county may not convey or otherwise encumber any police station, fire station, or park located in the qualified municipality from the date the local chartering Act is approved by the Governor or becomes law without such approval to end of the transition period provided in Code Section 36-31-8. (e) If a qualified municipality elects to purchase any such property, the purchase price may be determined by negotiation and agreement of the two governing authorities. In that event, all of the county's right, title, and interest in such property shall be 6132 JOURNAL OF THE HOUSE transferred to the governing authority of the qualified municipality upon payment of the purchase price for such property. The governing authority of the county shall transfer, execute, and deliver to the governing authority of the qualified municipality such instruments as may be necessary to record the transfer of such right, title, and interest. (f) If a qualified municipality elects to purchase any such property, and the purchase price is not determined by negotiation and agreement of the two governing authorities, then upon payment by the qualified municipality of the estimated purchase price into escrow in the registry of the superior court, all of the county's right, title, and interest in such property shall be transferred to the governing authority of the qualified municipality. The governing authority of the county shall transfer, execute, and deliver to the governing authority of the qualified municipality such instruments as may be necessary to record the transfer of such right, title, and interest. Upon final determination of the purchase price under subsection (g) of this Code section, the qualified municipality shall pay over to the county any remaining balance due or the county shall refund to the qualified municipality any amount paid in excess of the finally determined purchase price. (g) In the event that the county and the qualified municipality fail to reach an agreement as to the purchase price for any such properties, then the following process is available to the parties: (1) The county or qualified municipality may file a petition in superior court of the county seeking mandatory mediation. Such petition shall be assigned to a judge, pursuant to Code Section 15-1-9.1 or 15-6-13, who is not a judge in the circuit in which the county is located. The judge selected may also be a senior judge pursuant to Code Section 15-1-9.2 who resides in another circuit; (2) The visiting or senior judge shall appoint a mediator within 30 days of receipt of the petition. Mediation shall commence within 30 days of the appointment of a mediator. The mandatory mediation process shall be completed within 60 days following the appointment of the mediator. A majority of the members of the governing body of the county and of the qualified municipality shall attend the initial mediation. Following the initial meeting, the mediation shall proceed in the manner established at the initial meeting. If there is no agreement on how the mediation should proceed, a majority of the members of the governing body of the county and of the qualified municipality shall be required to attend each mediation session unless another process is agreed upon. The cost of alternative dispute resolution authorized by this subsection shall be shared by the parties to the dispute pro rata based on each party's population according to the most recent United States decennial census; (3) If no agreement is reached at the conclusion of the mediation, either the county or the qualified municipality may petition the superior court and seek resolution of the items remaining in dispute. The visiting or senior judge shall conduct an evidentiary hearing or hearings as such judge deems necessary and render a decision with regard to the disputed items. The judge shall consider the following factors to determine the purchase price and shall make specific findings of fact relative to the following factors: THURSDAY, MARCH 30, 2006 6133 (A) The appraised value of the total ad valorem real property tax digest for the area within the municipality shall be determined; (B) The appraised value of the total ad valorem real property tax digest for the entire special district from which the qualified municipality was removed pursuant to Code Section 36-31-11 or subsection (c) of this Code section shall be determined; (C) The tax ratio shall be determined by dividing the appraised value for the qualified municipality, as determined in subparagraph (A) of this paragraph, by the appraised value for the special district, as determined in subparagraph (B) of this paragraph; (D) The county cost's shall be determined separately for all fire stations, all police stations, and all parks located in the qualified municipality. If a park is located partially within a qualified municipality or if a police station or fire station was used by the county to provide services to an area partially within the qualified municipality, then a share of the county's cost shall be allocated to the qualified municipality proportionate to portion of the park's acreage located within the qualified municipality or to the portion of the police or fire service area located in the qualified municipality; (E) The county's cost shall be determined separately for all fire stations, all police stations, and all parks located in the special district from which the qualified municipality was removed pursuant to Code Section 36-31-11 or subsection (c) of this Code section; (F) An asset ratio shall be determined separately for police stations and all fire stations by dividing the county's cost for each type of property, as determined in subparagraph (D) of this paragraph, by the county's cost of all properties of that type located in the special district, as determined in subparagraph (E) of this paragraph; for parks, the asset ratio shall be the total number of park acres located in the qualified municipality divided by the total number of park acres located in the special district; (G) The county's cost for parks, police stations, or fire stations located in the qualified municipality shall be considered to have been fully funded by the qualified municipality's residents if the tax ratio is equal to or greater than the asset ratio for each type of property, in which case the purchase price for properties of type shall be zero. The tax ratio shall be compared separately to the asset ratio for each of the three types of property to determine if each type of property has been fully funded or partially funded; (H) The county's cost for parks, police stations, or fire stations located in the qualified municipality shall be considered to have been partially funded by the qualified municipality's residents if the tax ratio is less than the asset ratio. The percentage of the county's cost that shall be considered funded shall equal 100 times the tax ratio divided by the asset ratio for each type of property. The qualified municipality shall pay to the county as part of the purchase price the percentage of the county's cost that is under funded, which shall equal 100 percent minus the percentage funded; 6134 JOURNAL OF THE HOUSE (I) If the county used a police station or fire station to serve an area located outside the qualified municipality, the purchase price shall include a portion of the fair market value of the police station or fire station. That portion shall equal the acreage served outside the qualified municipality divided by the total acreage served by the police station or fire station; and (J) Any other factors as may be relevant to determine the disputed value of the property; (4) The qualified municipality may elect to pay the purchase price for any police station, fire station, or park amortized over a 25 year period at an interest rate equal to rate available to county on bonded indebtedness at the time of the transfer of title to the property from the county to the qualified municipality; and (5) The judge shall be authorized to impose mediation costs and court costs against any party upon a finding of bad faith. (h) In no event shall the purchase price for any property under this Code section be less than $1,000.00. (i) In the event a park is transferred by a county to a qualified municipality under this Code section, the municipality shall be authorized to impose and collect a user fee from citizens of the county that transferred the property provided such fee does not exceed the amount of such fee imposed and collected from citizens of the qualified municipality." SECTION 2. Said title is further amended in Code Section 36-82-1, relating to elections and requirements regarding bonded debt, by striking subsection (d) and inserting in its place a new subsection (d) to read as follows: "(d)(1) Every legal advertisement of a bond election shall contain a reference that any brochures, listings, or other advertisements issued by the governing body of any county, municipality, or other political subdivision of this state or by any other person, firm, corporation, or association with the knowledge and consent of the governing body of such county, municipality, or other political subdivision of this state shall be deemed to be a statement of intention of the governing body of such county, municipality, or other political subdivision of this state concerning the use of the bond funds; and such statement of intention shall be binding on the governing body of such county, municipality, or other political subdivision of this state in the expenditure of any such bond funds or interest received from such bond funds which have been invested, unless the governing body of such county, municipality, or other political subdivision of this state uses such bond funds for the retirement of bonded indebtedness, in the manner provided for in this Code section; and such statement of intention shall be set forth in the resolution pursuant to which such bonds are issued. (2)(A) Such statement of intention shall remain fully binding upon the governing authority of such county in the event a new municipality is created in such county subsequent to the referendum at which such indebtedness is approved and such bond funds shall be expended within the area of the new municipality in the same manner THURSDAY, MARCH 30, 2006 6135 as otherwise required prior to the creation of the municipality. Bond funds and interest received from such bond funds which have been invested shall be expended in the manner in which advertised and for the purpose stated in such statement of intention. (B) In the event that ownership of property of the county which is the subject of any bond funds under this Code section is transferred to a newly created municipality, the county shall, within 30 days of the date of conveyance of such property to such newly created municipality, pay such bond funds and interest received from such bond funds with respect to such project to such newly created municipality. The newly created municipality shall expend such received funds as well as future such bond funds with respect to such project in the manner in which advertised by the county and for the purpose stated in such statement of intention. If the statement of intention identifies a project to be undertaken but does not breakout the amount budgeted for such project, then the value of the project shall be paid by the county to the newly created municipality. (C) If the county and municipality fail to reach an agreement as to the amount to be paid or any related matter, either the county or the municipality may petition the superior court and seek resolution of the items in dispute. Such petition shall be assigned to a judge, pursuant to Code Section 15-1-9.1 or 15-6-13, who is not a judge in the circuit in which the county is located. The judge selected may also be a senior judge pursuant to Code Section 15-1-9.2 who resides in another circuit. The visiting or senior judge shall conduct an evidentiary hearing or hearings as such judge deems necessary and render a decision with regard to the disputed items. (3)(A) Except as otherwise provided in subparagraph (B) of this paragraph, the The governing body of such county, municipality, or other political subdivision of this state may, by a two-thirds vote, declare any project which has been established pursuant to any such statement of intention to be unnecessary. (B) In the event any such project is located within the corporate limits of a newly formed municipality, the governing body of a county shall not be authorized to declare any project which has been established pursuant to any such statement of intention to be unnecessary without a concurrent declaration of the governing body of such newly formed municipality. (4) In that the event a project has been determined to be unnecessary in accordance with paragraph (3) of this subsection, the governing body of such county, municipality, or other political subdivision of this state shall use such bond funds for the payment of all or any part of the principal and interest on any bonded indebtedness of such county, municipality, or other political subdivision of this state then outstanding. Surpluses from the overestimated projects, including interest received on bond funds of such projects, shall be used first to complete underestimated projects and all remaining funds received from interest and overestimated projects shall be used for other projects or improvements which the governing body of such county, municipality, or other political subdivision of this 6136 JOURNAL OF THE HOUSE state may deem necessary and which are encompassed within the language of the statement of purpose in the election notice. (5) Any meetings of any governing bodies at which any bond fund allocation is made shall be open to the public. Such meetings shall be announced to the news media in advance and shall be open to the news media." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Stephenson of the 92nd et al. move to amend the Committee substitute to SB 569 by inserting between "limitations;" and "to" on line 7 of page 1 the following: to change certain provisions regarding the activation of public safety and judicial facility authorities; to change certain provisions regarding the maximum aggregate amount of bonds that may be issued by such authorities; By inserting between lines 29 and 30 of page 5 the following: SECTION 1A. Said title is further amended by striking subsections (a) and (b) of Code Section 36-75-4, relating to creation of public safety and judicial facility authorities, and inserting in their place new subsections (a) and (b) to read as follows: "(a) There is created in and for each county and municipal corporation in this state a public body corporate and politic, to be known as the 'public safety and judicial facilities authority' of such county or municipal corporation. No authority shall transact any business or exercise any powers under this chapter until the governing body of the county or municipal corporation, as the case may be, by proper ordinance or resolution, declares that there is a need for an authority to function in the county or municipal corporation and declares that such jurisdiction is at the time of such ordinance or resolution imposing a sales tax levied for the purposes of a metropolitan area system of public transportation. (b)(1) Any number of counties or municipal corporations or a combination of counties and municipal corporations may jointly form an authority, to be known as the 'joint public safety and judicial facilities authority' for such counties or municipal corporations or both. No authority shall transact any business or exercise any powers under this chapter until the governing authority of each county and municipal corporation involved declare, by ordinance or resolution, that there is a need for an THURSDAY, MARCH 30, 2006 6137 authority to function and declare that such jurisdiction is at the time of such ordinance or resolution imposing a sales tax levied for the purposes of a metropolitan area system of public transportation and until the governing authority of each county and municipal corporation approves an agreement with the other counties or municipal corporations for the activation of an authority and such agreement is executed. (2) Any combination of municipal corporations may jointly form an authority to be known as the 'joint public safety and judicial facilities authority' for such municipal corporations. No authority shall transact any business or exercise any powers under this chapter until the governing authority of each municipal corporation involved declares, by ordinance or resolution, that there is a need for an authority to function and declares that such jurisdiction is at the time of such ordinance or resolution located in a county imposing a sales tax levied for the purposes of a metropolitan area system of public transportation and until the governing authority of each municipal corporation approves an agreement with the other municipal corporations for the activation of an authority and such agreement is executed." SECTION 1B. Said title is further amended by striking paragraph (13) of Code Section 36-75-7, relating to the power and authority of public safety and judicial facilities authorities, and inserting in its place a new paragraph (13) to read as follows: "(13) To borrow money and issue its revenue bonds and bond anticipation notes from time to time and to use the proceeds thereof for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to, or improving such project, or for the purpose of refunding any such bonds of the authority theretofore issued; and to otherwise carry out the purposes of this chapter and to pay all other costs of the authority incident to, or necessary and appropriate to, such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes, provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in Code Section 36-63-9; provided, however, that: (A) With respect to any county authority or joint county and municipal authority activated pursuant to this chapter on or after January 1, 2006, the maximum aggregate amount of bonds issued shall be $50 million; and (B) With respect any county authority or joint county and municipal authority activated pursuant to this chapter prior to January 1, 2006, the maximum aggregate amount of bonds issued shall be $80 million; (C) With respect to any municipal authority located in a city which levies a municipal water and sewer projects and costs sales and use tax as in Article 4 of Chapter 8 of Title 48, the maximum aggregate amount of bonds issued shall be $80 million; and (D) With respect to any municipal authority other than an authority under subparagraph (C) of this paragraph, the maximum aggregate amount of bonds issued shall be $50 million; and". 6138 JOURNAL OF THE HOUSE On the adoption of the amendment, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard Barnes N Bearden Y Beasley-Teague Y Benfield N Benton N Black N Bordeaux Y Borders N Bridges Y Brooks N Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter N Burmeister N Burns N Butler N Byrd N Carter N Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman, B Y Coleman, T N Cooper Y Cox N Crawford Y Cummings N Davis N Day Y Dean N Dickson Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart N England Y Epps N Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T N Greene Hanner Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C Hill, C.A Y Holmes N Holt N Horne N Houston Y Howard, E Y Hudson Y Hugley Y Jackson N Jacobs Y James N Jamieson N Jenkins N Jennings Johnson Y Jones, J Y Jones, S Jordan N Keen N Keown Y Kidd Y Knight N Knox N Lakly N Lane, B N Lane, R N Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford N Maddox Y Mangham Y Manning Y Marin N Martin Y Maxwell N May N McCall McClinton Meadows E Millar N Mills Y Mitchell Y Morgan Morris Y Mosby N Mosley Y Mumford N Murphy, J Y Murphy, Q Y Neal N Oliver Y O'Neal Y Orrock N Parham N Parrish N Parsons Y Porter N Powell N Ralston Y Randall Ray N Reece, B N Reece, S N Reese N Rice N Roberts Y Rogers Y Royal N Rynders Y Sailor N Scheid N Scott, A N Scott, M N Setzler Y Shaw N Sheldon Y Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Smith, P Y Smith, R N Smith, T Y Smith, V E Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton N Teilhet Y Thomas, A.M Thomas, B N Tumlin N Walker N Warren Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R N Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 71, nays 90. The amendment was lost. The following amendment was read: Representatives Willard of the 49th and Jacobs of the 80th move to amend the Committee substitute to SB 569 by inserting between "limitations;" and "to" on line 7 of page 1 the following: THURSDAY, MARCH 30, 2006 6139 to change certain provisions regarding the activation of public safety and judicial facility authorities; By inserting between lines 29 and 30 of page 5 the following: SECTION 1A. Said title is further amended by striking subsections (a) and (b) of Code Section 36-75-4, relating to creation of public safety and judicial facility authorities, and inserting in their place new subsections (a) and (b) to read as follows: "(a) There is created in and for each county and municipal corporation in this state a public body corporate and politic, to be known as the 'public safety and judicial facilities authority' of such county or municipal corporation. No authority shall transact any business or exercise any powers under this chapter until the governing body of the county or municipal corporation, as the case may be, by proper ordinance or resolution, declares that there is a need for an authority to function in the county or municipal corporation and declares that such jurisdiction is at the time of such ordinance or resolution imposing a sales tax levied for the purposes of a metropolitan area system of public transportation. (b)(1) Any number of counties or municipal corporations or a combination of counties and municipal corporations may jointly form an authority, to be known as the 'joint public safety and judicial facilities authority' for such counties or municipal corporations or both. No authority shall transact any business or exercise any powers under this chapter until the governing authority of each county and municipal corporation involved declare, by ordinance or resolution, that there is a need for an authority to function and declare that such jurisdiction is at the time of such ordinance or resolution imposing a sales tax levied for the purposes of a metropolitan area system of public transportation and until the governing authority of each county and municipal corporation approves an agreement with the other counties or municipal corporations for the activation of an authority and such agreement is executed. (2) Any combination of municipal corporations may jointly form an authority to be known as the 'joint public safety and judicial facilities authority' for such municipal corporations. No authority shall transact any business or exercise any powers under this chapter until the governing authority of each municipal corporation involved declares, by ordinance or resolution, that there is a need for an authority to function and declares that such jurisdiction is at the time of such ordinance or resolution located in a county imposing a sales tax levied for the purposes of a metropolitan area system of public transportation and until the governing authority of each municipal corporation approves an agreement with the other municipal corporations for the activation of an authority and such agreement is executed." On the adoption of the amendment, the roll call was ordered and the vote was as follows: 6140 JOURNAL OF THE HOUSE E Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Barnes Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Borders Y Bridges N Brooks Y Brown Bruce N Bryant N Buckner, D N Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Cox Y Crawford N Cummings Davis Y Day Dean Y Dickson Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson 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 Y Greene N Hanner Harbin N Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard, E Y Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson N Jenkins Y Jennings Y Johnson Y Jones, J N 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 Loudermilk N Lucas Lunsford Y Maddox N Mangham Y Manning Y Marin Y Martin N Maxwell Y May Y McCall McClinton Meadows E Millar Y Mills N Mitchell N Morgan Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall N Ray Reece, B N Reece, S Y Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Smith, P N Smith, R Y Smith, T Y Smith, V E Smyre N Stanley-Turner 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 N Williams, A N Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the amendment, the ayes were 103, nays 52. The amendment was adopted. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Crawford Cummings Y Hill, C.A N Holmes Y Martin Y Maxwell N Sailor Y Scheid THURSDAY, MARCH 30, 2006 6141 N Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield Benton Y Black Y Bordeaux Y Borders Y Bridges N Brooks Y Brown Y Bruce N Bryant Y Buckner, D Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Davis Y Day N Dean Y Dickson Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N 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 Heard, J Y Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Holt Y Horne Y Houston N Howard, E Y Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J N 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 N Mangham Y Manning Y Marin Y May Y McCall McClinton Y Meadows E Millar Y Mills N Mitchell N Morgan Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal Oliver Y O'Neal Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C Sims, F N Sinkfield Y Smith, B Y Smith, L Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 126, nays 30. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Orrock of the 58th moved that the House reconsider its action in giving the requisite constitutional majority to SB 569: On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard Barnes N Bearden N Crawford Cummings N Davis N Day Y Dean N Dickson Dodson N Hill, C.A Y Holmes N Holt N Horne N Houston Y Howard, E N Hudson N Martin N Maxwell N May N McCall McClinton N Meadows E Millar Y Sailor N Scheid N Scott, A N Scott, M N Setzler Y Shaw N Sheldon 6142 JOURNAL OF THE HOUSE Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders N Bridges Y Brooks N Brown Bruce Y Bryant Y Buckner, D Y 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 N Coleman, B Y Coleman, T Cooper N Cox N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming Y Floyd, H N Floyd, J Y Fludd Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T N Greene Y Hanner Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C Y Hugley Y Jackson N Jacobs Y James N Jamieson Y Jenkins N Jennings Y Johnson N Jones, J Y Jones, S Jordan N Keen N Keown Y Kidd Y Knight N Knox N Lakly N Lane, B N Lane, R N Lewis N Lindsey Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham Y Manning Y Marin Mills Y Mitchell Morgan Morris Y Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q N Neal N Oliver N O'Neal Y Orrock Parham N Parrish N Parsons Y Porter Y Powell N Ralston Y Randall Ray Y Reece, B N Reece, S N Reese N Rice N Roberts Y Rogers N Royal N Rynders Y Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Smith, P N Smith, R N Smith, T N Smith, V E 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 62, nays 97. The motion was lost. SB 637. By Senator Smith of the 52nd: A BILL to be entitled an Act to amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to "Joshua's Law," so as to change the membership of the Georgia Driver's Education Commission; to repeal Section 1 of an Act approved May 10, 2005 (Ga. L. 2005, p. 1461), so as to repeal a priority concerning a certain distribution of fines and forfeitures; to provide for a definition; 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 10 of Chapter 21 of Title 15 of the Official Code of Georgia THURSDAY, MARCH 30, 2006 6143 Annotated, relating to "Joshua's Law," so as to change the membership of the Georgia Driver's Education Commission; to repeal Section 1 of an Act approved May 10, 2005 (Ga. L. 2005, p. 1461), so as to repeal a priority concerning a certain distribution of fines and forfeitures; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to "Joshua's Law," is amended by striking subsection (a) of Code Section 15-21-173, relating to the membership, terms, and appointment of the members of the Georgia Driver's Education Commission, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The Georgia Driver's Education Commission shall consist of nine eight members who shall serve for terms of four years, except that with respect to the first members appointed, three members shall be appointed for terms of three years, three for terms of two years, and three for terms of one year the members in office on the effective date of this subsection shall serve the terms to which they were originally appointed. The State Board of Education shall appoint one member of the commission and the Department of Motor Vehicle Safety Driver Services shall appoint two members of the commission. The director of the Governor's 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 driver's education providers and the other two shall be private driver's education providers. The Governor shall also establish initial terms of office for all nine members of the commission within the limitations of this subsection." SECTION 2. An Act approved May 10, 2005 (Ga. L. 2005, p. 1461), is amended by striking Section 1 in its entirety. SECTION 3. Said Act is further amended by striking Sections 3 and 4 and inserting in lieu thereof new Sections 3 and 4 to read as follows: "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. 6144 JOURNAL OF THE HOUSE (a) Except as otherwise provided in this Code section, the department shall not issue any Class C driver's license to any person who is under 18 years of age or Class M driver's license to any person who is under the age of 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 driver's license permitting the operation of a noncommercial Class C vehicle to any person who is at least 17 years of age. On and after January 1, 1985, the department shall not issue any driver's 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 driver's license or a Class P instruction permit for the operation of a Class A or B vehicle or any commercial driver's license to any person who is under the age of 18 years. (a.1)(1) The department shall not issue an instruction permit or driver's license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or driver's license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) diploma, a special diploma, or a certificate of high school completion or has terminated his or her secondary education and is enrolled in a postsecondary school, is pursuing a general educational development (GED) diploma, or the records of the department indicate that said applicant: (A) Is enrolled in and not under 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 driver's 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 driver's license at the time of such application. (2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or driver's license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who is pursuing a general educational development (GED) diploma that such minor's instruction permit or driver's license is suspended subject to review as provided for in this subsection if the department receives notice pursuant to Code Section 20-2701 that indicates that such minor: THURSDAY, MARCH 30, 2006 6145 (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 person's last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the minor to return immediately the instruction permit or driver's license to the department and information summarizing the minor's right to request an exemption from the provisions of this subsection. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. The department shall be authorized to grant an exemption from the provisions of this subsection to a minor, upon such minor's petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minor's family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or driver's license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period of one year or shall end upon the date of such minor's eighteenth birthday or upon receipt of satisfactory proof that the minor is 6146 JOURNAL OF THE HOUSE pursuing or has received a general educational development (GED) diploma, a high school diploma, a special diploma, a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school, whichever comes first. (3) 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. (4) The Department of Technical and Adult Education shall be responsible for compliance and noncompliance data for students pursuing a general educational development (GED) diploma. (a.2)(1) On and after January 1, 2002, the department shall not issue any initial Class D driver's license or, in the case of a person who has never been issued a Class D driver's license by the department or the equivalent thereof by any other jurisdiction, any initial Class C driver's license unless such person: (A) 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 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) 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 driver's driver education 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. THURSDAY, MARCH 30, 2006 6147 (4) For the purposes of this Code section, the term "approved driver education training course" shall include those driver education training courses approved by the Department of Driver Services. (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 driver's license to nor renew the driver's license of any person: (1) Whose license has been suspended during such suspension, or whose license has been revoked, except as otherwise provided in this chapter; (2) Whose license is currently under suspension or revocation in any other jurisdiction upon grounds which would authorize the suspension or revocation of a license under this chapter; (3) Who is a habitual user of alcohol or any drug to a degree rendering him or her incapable of safely driving a motor vehicle; (4) Who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law; (5) Who is required by this chapter to take an examination, unless such person shall have successfully passed such examination; (6) Who the commissioner has good cause to believe would not, by reason of physical or mental disability, be able to operate a motor vehicle with safety upon the highway; or (7) Whose license issued by any other jurisdiction is suspended or revoked by such other jurisdiction during the period such license is suspended or revoked by such other jurisdiction.' 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 6148 JOURNAL OF THE HOUSE 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 driver's license under subsection (b) of this Code section will become eligible for a Class D driver's license under subsection (b) of this Code section only if such person is at least 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 driver's 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 driver's license. (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 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 driver's license to operate a noncommercial Class C vehicle if such resident has otherwise complied with all prerequisites for the issuance of such Class D driver's license as provided in subsection (a) of this Code section, provided that a resident at least 17 years of age who has at any age surrendered to the department a valid instruction permit or driver's 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 driver's license issued by another state or the District of Columbia may apply his or her driving record under such previously issued permit or driver's license toward meeting the eligibility requirements for a Class D driver's license the same as if such previously issued permit or driver's 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 405-22 may apply for a Class D driver's license. (2) The department shall, after all applicable requirements have been met, issue to the applicant a Class D driver's 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: THURSDAY, MARCH 30, 2006 6149 (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 driver's 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 driver's 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 driver's 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 to any other traffic offense. (3) A person who has been issued a Class D driver's license under this subsection and has never been issued a Class C driver's license under this chapter will become eligible for a Class C driver's license under this chapter only if such person has a valid Class D driver's 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 driver's 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 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. 6150 JOURNAL OF THE HOUSE 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 driver's 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 driver's permit to an applicant for a driver's 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 applicant's eligibility to receive a driver's license. Such permit must be in his or her immediate possession while operating a motor vehicle, and it shall be invalid when the applicant's 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. (f) For the purposes of this Code section, the term "approved driver education training course" shall include those driver education training courses approved by the Department of Driver Services.'" 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: THURSDAY, MARCH 30, 2006 6151 E Abdul-Salaam Y Amerson Y 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 Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Davis Y Day Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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, E 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 Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Y Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y 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 E 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 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 156, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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 572. By Senators Goggans of the 7th, Stephens of the 27th, Williams of the 19th, Douglas of the 17th, Pearson of the 51st and others: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance 6152 JOURNAL OF THE HOUSE generally, so as to establish and define a crime of medical assistance managed care fraud; to change certain provisions relating to administrative hearings and appeals; 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 572 The Committee of Conference on SB 572 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 572 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Greg Goggans Senator, 7th District /s/ Sharon Cooper Representative, 41st District /s/ James L. Whitehead, Sr. Senator, 24th District /s/ Donna Sheldon Representative, 105th District /s/ Jeff Chapman Senator, 3rd District /s/ David Graves Representative, 137th District A BILL 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 change certain provisions relating to unlawful acts regarding Medicaid; to provide for inclusion of medical assistance managed care fraud; to change certain provisions relating to administrative hearings and appeals; to provide for hearings on disputed payments before an administrative law judge; to provide for procedure related to such hearings, including assessment of costs; to require legislative notification for the submission of certain waivers pursuant to Section 1115 of the federal Social Security Act; to provide for a limit on the effective date of the Medicaid estate recovery program; to provide for substantial and unreasonable hardship waivers on any claim against the first $100,000.00 of any homestead; to provide for notice requirements; to provide for installment payments; to provide for submission of an amendment to the state plan; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 30, 2006 6153 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia, relating to medical assistance generally, is amended by adding a new Code section to read as follows: "49-4-142.1. On and after the effective date of this Code section, neither the department, the board, nor any other representative of the state shall submit any request to the United States Department of Health and Human Services Centers for Medicare and Medicaid Services for a waiver pursuant to Section 1115 of the federal Social Security Act without legislative notification. This shall apply only to waivers that relate to Medicaid modernization, Medicaid transformation, or a Medicaid reform model that would affect 20,000 or more individuals in the Georgia Medicaid population. The legislative notification required under this Code section shall be by Act of the General Assembly or the adoption of a joint resolution of the General Assembly." SECTION 2. Said article is further amended striking subsections (a) and (b) of Code Section 49-4146.1, relating to unlawful acts regarding Medicaid, and inserting in lieu thereof new subsections (a), (b), and (i) to read as follows: "(a) As used in this Code section, the term: (1) 'Agent' means any person who has been delegated the authority to obligate or act on behalf of a provider. (2) 'Convicted' means that a judgment of conviction has been entered by any federal, state, or other court, regardless of whether an appeal from that judgment is pending. (3) 'Indirect ownership interest' means any ownership interest in an entity that has an ownership interest in the provider entity. The term includes an ownership interest in any entity that has an indirect ownership interest in the provider entity. (4) 'Managing employee' means a general manager, business manager, administrator, director, or other individual who exercises operational or managerial control over, or who directly or indirectly conducts, the day-to-day operation of the institution, organization, or agency. (5) 'Payment' includes a payment or approval for payment, any portion of which is paid by the Georgia Medicaid program, or by a contractor, subcontractor, or agent for the Georgia Medicaid program pursuant to a managed care program operated, funded, or reimbursed by the Georgia Medicaid program. (5)(6) 'Person' means any person, firm, corporation, partnership, or other entity. (6)(7) 'Person with an ownership or control interest' means a person who: (A) Has ownership interest totaling 5 percent or more in a provider; (B) Has an indirect ownership interest equal to 5 percent or more in a provider; (C) Has a combination of direct and indirect ownership interests equal to 5 percent or more in a provider; 6154 JOURNAL OF THE HOUSE (D) Owns an interest of 5 percent or more in any mortgage, deed of trust, note, or other obligation secured by the provider entity if that interest equals at least 5 percent of the value of the property or assets of the provider; (E) Is an officer or director of a provider that is organized as a corporation; or (F) Is a partner in a provider entity that is organized as a partnership. (7)(8) 'Provider' means an actual or prospective provider of medical assistance under this chapter. The term 'provider' shall also include any managed care organization providing services pursuant to a managed care program operated, funded, or reimbursed by the Georgia Medicaid program. (b) It is shall be unlawful: (1) For any person or provider to obtain, or attempt to obtain, or retain for himself, herself, or any other person any medical assistance or other benefits or payments under this article, or under a managed care program operated, funded, or reimbursed by the Georgia Medicaid program, to which the person or provider is not entitled, or in an amount greater than that to which the person or provider is entitled, when the assistance, benefit, or payment is obtained, or attempted to be obtained, or retained, by: (A) Knowingly and willfully making a false statement or false representation; (B) Deliberate concealment of any material fact; or (C) Any fraudulent scheme or device; or (2) For any person or provider knowingly and willfully to accept medical assistance payments to which he or she is not entitled or in an amount greater than that to which he or she is entitled, or knowingly and willfully to falsify any report or document required under this article." "(i) It shall be the duty of the department to identify and investigate violations of this article and to turn over to the prosecuting attorney, for prosecution, any information concerning any recipient of medical assistance who violates this article." SECTION 3. Said article is further amended by striking Code Section 49-4-147.1, relating to claims by the department against the estate of Medicaid recipients, and inserting in lieu thereof the following: "49-4-147.1. (a) In accordance with applicable federal law and regulations, including those under Title XIX of the federal Social Security Act, the department may make claim against the estate of a Medicaid recipient for the amount of any medical assistance payments made on such person's behalf by the department. A claim shall be made against the estate of a deceased Medicaid recipient only if at the time of application for medical assistance the applicant received written notice that the medical assistance costs could be recovered from the applicant's estate and the applicant signed a written acknowledgment of receipt of such notice, the estate is otherwise subject to recovery, if no hardship or other exemption exists. The commissioner shall waive such claim if he or she determines enforcement of the claim would result in substantial and THURSDAY, MARCH 30, 2006 6155 unreasonable hardship to dependents of the individual against whose estate the claim exists. (b) The estate recovery program established pursuant to this Code section shall not be effective any earlier than the effective date of this subsection. In no event shall the department make claims against the estate of a Medicaid recipient for the amount of any medical assistance payments made on such person's behalf prior to the effective date of this subsection. (c) The commissioner shall delay execution of a claim against the estate where the dependents or heirs agree to pay the full amount of the claim in reasonable installments. (d) To prevent substantial and unreasonable hardship, the commissioner shall waive any claim against the first $100,000.00 of any estate. The commissioner shall annually adjust this exemption based on changes in the consumer price index. The value of the estate shall not include year's support, funeral expenses not to exceed $5,000.00, necessary expenses of administration, or reasonable expenses of the recipient's last illness. No later than July 1, 2006, the department shall submit an amendment to the state plan with the United States Department of Health and Human Services Centers for Medicare and Medicaid Services reflecting the provisions of this subsection. In the event that such amended state plan is not approved, this subsection shall stand repealed in its entirety." SECTION 4. Said article is further amended in Code Section 49-4-153, relating to administrative hearings and appeals, judicial review, and contested cases involving imposition of remedial or punitive measures against a nursing facility, by striking subsection (b) and inserting in lieu thereof the following: "(b)(1) Any applicant for medical assistance whose application is denied or is not acted upon with reasonable promptness and any recipient of medical assistance aggrieved by the action or inaction of the Department of Community Health as to any medical or remedial care or service which such recipient alleges should be reimbursed under the terms of the state plan which was in effect on the date on which such care or service was rendered or is sought to be rendered shall be entitled to a hearing upon his or her request for such in writing and in accordance with the applicable rules and regulations of the department and the Office of State Administrative Hearings. As a result of the written request for hearing, a written recommendation shall be rendered in writing by the administrative law judge assigned to hear the matter. Should a decision be adverse to a party and should a party desire to appeal that decision, the party must file a request in writing to the commissioner or the commissioner's designated representative within 30 days of his or her receipt of the hearing decision. The commissioner, or the commissioner's designated representative, has ten 30 days from the receipt of the request for appeal to affirm, modify, or reverse the decision appealed from. A final decision or order adverse to a party, other than the agency, in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated, and the effective date of the 6156 JOURNAL OF THE HOUSE decision or order. Findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Each agency shall maintain a properly indexed file of all decisions in contested cases, which file shall be open for public inspection except those expressly made confidential or privileged by statute. If the commissioner fails to issue a decision, the initial recommended decision shall become the final administrative decision of the commissioner. (2)(A) A provider of medical assistance may request a hearing on a decision of the Department of Community Health with respect to a denial or nonpayment of or the determination of the amount of reimbursement paid or payable to such provider on a certain item of medical or remedial care of service rendered by such provider by filing a written request for a hearing in accordance with Code Sections 50-13-13 and 50-13-15 with the Department of Community Health. The Department of Community Health shall, within 15 business days of receiving the request for hearing from the provider, transmit a copy of the provider's request for hearing to the Office of State Administrative Hearings. The provider's request for hearing shall identify the issues under appeal and specify the relief requested by the provider. The request for hearing shall be filed no later than 15 business days after the provider of medical assistance receives the decision of the Department of Community Health which is the basis for the appeal. (B) The Office of State Administrative Hearings shall assign an administrative law judge to hear the dispute within 15 days after receiving the request. The hearing is required to commence no later than 90 days after the assignment of the case to an administrative law judge, and the administrative law judge shall issue a written decision on the matter no later than 30 days after the close of the record except when it is determined that the complexity of the issues and the length of the record require an extension of these periods and an order is issued by an administrative law judge so providing, but no longer than 30 days. Such time requirements can be extended by written consent of all the parties. Failure of the administrative law judge to comply with the above time deadlines shall not render the case moot. (C) A request for hearing by a nursing home provider shall stay any recovery or recoupment action. (D) Should the decision of the administrative law judge be adverse to a party and should a party desire to appeal that decision, the party must file a request therefor, in writing, with the commissioner within ten days of his or her receipt of the hearing decision. Such a request must enumerate all factual and legal errors alleged by the party. The commissioner, or the commissioner's designated representative, may affirm, modify, or reverse the decision appealed from. (3) A person or institution who either has been refused enrollment as a provider in the state plan or has been terminated as a provider by the Department of Community Health shall be entitled to a hearing; provided, however, that no entitlement to a hearing before the department shall lie for refusals or terminations based on the want of any license, permit, certificate, approval, registration, charter, or other form of permission issued by an entity other than the Department of Community Health, THURSDAY, MARCH 30, 2006 6157 which form of permission is required by law either to render care or to receive medical assistance in which federal financial participation is available. The final determination (subject to judicial review, if any) of such an entity denying issuance of such a form of permission shall be binding on and unreviewable by the Department of Community Health. In cases where an entitlement to a hearing before the Department of Community Health, pursuant to this paragraph, lies, the Department of Community Health shall give written notice of either the denial of enrollment or termination from enrollment to the affected person or institution; and such notice shall include the reasons of the Department of Community Health for denial or termination. Should such a person or institution desire to contest the initial decision of the Department of Community Health, he or she must give written notice of his or her appeal to the commissioner of community health within ten days after the date on which the notice of denial or notice of termination was transmitted to him or her. A hearing shall be scheduled and commenced within 20 days after the date on which the commissioner receives the notice of appeal; and the commissioner or his or her designee or designees shall render a final administrative decision as soon as practicable thereafter." SECTION 5. Said article is further amended in Code Section 49-4-153, relating to administrative hearings and appeals, judicial review, and contested cases involving imposition of remedial or punitive measures against a nursing facility, by adding a new subsection (e) to read as follows: "(e)(1) A provider of medical assistance may request a hearing on a decision of a care management organization with respect to a denial or nonpayment of or the determination of the amount of reimbursement paid or payable to such provider on a certain item of medical or remedial care of service rendered by such provider by filing a written request for a hearing in accordance with Code Sections 50-13-13 and 50-1315 with the Department of Community Health. The Department of Community Health shall, within 15 business days of receiving the request for hearing from the provider, transmit a copy of the provider's request for hearing to the Office of State Administrative Hearings, but shall not be a party to the proceedings. The provider's request for hearing shall identify the care management organization with which the provider has a dispute, the issues under appeal, and specify the relief requested by the provider. The request for hearing shall be filed no later than 15 business days after the provider of medical assistance receives the decision of the care management organization which is the basis for the appeal. (2) The Office of State Administrative Hearings shall assign an administrative law judge to hear the dispute within 15 days after receiving the request. The hearing is required to commence no later than 90 days after the assignment of the case to an administrative law judge, and the administrative law judge shall issue a written decision on the matter no later than 30 days after the close of the record except when it is determined that the complexity of the issues and the length of the record require 6158 JOURNAL OF THE HOUSE an extension of these periods and an order is issued by an administrative law judge so providing, but no longer than 30 days. Such time requirements can be extended by written consent of all the parties. Failure of the administrative law judge to comply with the above time deadlines shall not render the case moot. (3) The decision of the administrative law judge shall be the final administrative remedy available to the provider. Review thereafter shall proceed in accordance with Code Section 50-13-19. The fees and expenses of the Office of State Administrative Hearings may, at the administrative law judge's discretion, be assessed against the party against whom the administrative law judge enters his or her order." SECTION 6. This Act shall become effective on April 1, 2006, or upon its approval by the Governor, whichever last occurs, or upon its becoming law without such approval. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Representative Cooper of the 41st moved that the House adopt the report of the Committee of Conference on SB 572. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y 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 Y Byrd Carter Y Casas 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 Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Graves, T Y Greene Y Hill, C.A Y Holmes Y Holt Horne Y Houston Y Howard, E 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 Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal 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 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 Smith, V E 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 THURSDAY, MARCH 30, 2006 6159 Y Chambers Y Channell Y 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 Hembree Y Henson Y Hill, C Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Watson Y Wilkinson Willard Y Williams, A Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 154, nays 1. The motion prevailed. 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. HB 1372. By Representative Harbin of the 118th: A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide for the introduction and consideration of bills impacting the state health benefit plans; 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 HB 1372 The Committee of Conference on HB 1372 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1372 be adopted. FOR THE SENATE: Respectfully submitted, FOR THE HOUSE OF REPRESENTATIVES: /s/ Hudgens Senator, 47th District /s/ Ben Harbin Representative, 118th District /s/ Rogers Senator, 21st District /s/ Channell Representative, 116th District 6160 JOURNAL OF THE HOUSE /s/ Heath Senator, 31st District /s/ Graves Representative, 137th District A BILL To amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide an exemption from the eight-year service requirement for correctional officers injured by inmate violence when five years or less from becoming eligible for medicare medical coverage; to provide for fiscal notes for bills impacting the state health benefit plans; to provide for the House Asthma Strategic Planning Study Committee; to provide for automatic repeal; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, is amended striking Code Section 45-18-5, relating to county officers and employees, and inserting in lieu thereof a new Code Section 45-18-5 to read as follows: "45-18-5. (a) The board is authorized to contract with the various counties of this state for the inclusion of the employees of any county within any health insurance plan or plans established under this article. The various counties of this state are authorized to contract with the board as provided in this Code section. In the event that any such contract is entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its employees such payment as may be required under any health insurance plan and to remit the same to the board for inclusion in the health insurance fund. In addition, it shall be the duty of such county or counties to make the employer contributions required for the operation of such plan or plans. Should such county or counties fail to remit such deductions or such employer contributions, the commissioner may, upon written notice to such county or counties, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. (b) County officials may elect to be included in a health insurance plan, health maintenance organization, or other health benefits plan offered or provided by a county for its county officials or any health plan or plans established under this article. The governing authority of a county may elect by majority vote to provide for payment in a uniform manner of any portion, all, or none of the employer contributions for or THURSDAY, MARCH 30, 2006 6161 required premiums or payments due from the county officials or former county officials who under this Code section are eligible for inclusion in the health plan or plans established under this article. The board is authorized to contract with the County Officers Association of Georgia on behalf of the various counties of this state for the inclusion in any health insurance plan or plans established under this article of officials, spouses, and dependents of officials serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority and officials, spouses, and dependents of officials leaving office on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority. The County Officers Association of Georgia is authorized to contract with the board as provided in this Code section. In the event that such a contract is entered into, it shall be the duty of the County Officers Association of Georgia to collect from the various counties of this state with which it has contracted under this subsection and remit to the board such payment as may be required under any health insurance plan for inclusion in the health insurance fund. The County Officers Association of Georgia may add a reasonable fee to the premiums required under the plan to cover necessary administrative costs. In addition, it shall be the duty of the County Officers Association of Georgia to maintain and remit to the board accurate records of official, dependent, and other information required by the board to administer this Code section. Should the County Officers Association of Georgia fail to remit such payment, the commissioner may, upon written notice to the County Officers Association of Georgia, terminate the coverage for such officials as of the day following the last day for which such payment was remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. (c) The various counties of this state are authorized to contract with the County Officers Association of Georgia for the inclusion in any health insurance plan or plans established under this article of officials, spouses, and dependents of officials serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority and officials, spouses, and dependents of officials leaving office on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, state court clerk, or solicitor-general, chief magistrate, juvenile court judge, or members of the county governing authority. The County Officers Association of Georgia is authorized to contract with the various counties of the state as provided in this Code section. In the event that any such contracts are entered into, it shall be the duty of any counties so 6162 JOURNAL OF THE HOUSE contracting to deduct from the salary or other compensation of its officials and otherwise collect from former officials such payment as may be required under any health insurance plan and to remit the same to the County Officers Association of Georgia for payment to the board. To the extent employer contributions are not fully made by a county, it shall be the duty of the covered officials and former officials to make such employer contributions required on their behalf for the operation of such plan or plans. Should the County Officers Association of Georgia fail to remit such payment, the commissioner may, upon written notice to the County Officers Association of Georgia, terminate the coverage for such officials as of the day following the last day for which such payment was remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. (c.1) Any local board of education may elect for members thereof and their spouses and dependents to be included in any health plan or plans established under Code Section 20-2-918. It shall be the duty of any local boards of education so electing to deduct from the salary or other compensation of its members such payment as may be required under paragraph (1) of subsection (b) of Code Section 20-2-55 and to remit the same to the health insurance fund created under Code Section 20-2-918. Should any local board of education fail to remit such payment to the board, the provisions of subsection (b) of Code Section 20-2-920 shall be applicable to such nonpayment. (d) In administering this Code section, it shall be the responsibility of the board to develop rates for coverage based on the actual claims experience of the individuals covered by this Code section. The board shall require a bond satisfactory to the commissioner to assure the contractual performance of any entities with which it contracts under this Code section. (e) Nothing in this Code section shall preclude the exercise of any options or rights otherwise available to such county officers or members of local boards of education under other state or federal laws which relate to extension or continuation of health benefits." SECTION 2. Said chapter is further amended by striking Code Section 45-18-5.1, relating to licensed blind or otherwise seriously disabled vendors, and inserting in lieu thereof a new Code Section 45-18-5.1 to read as follows: "45-18-5.1. The Department of Labor is authorized to contract with the Georgia Cooperative Services for the Blind, Inc., a nominee agent designated by the Division of Rehabilitation Services of the Department of Labor, for the inclusion of licensed blind persons or other persons with disabilities operating a vending facility in accordance with Article 2 of Chapter 15 of Title 34 within any health insurance plan or plans established under this article. In the event any contract is entered into, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to deduct the payment required under the plan from the earnings or other compensation of licensed blind THURSDAY, MARCH 30, 2006 6163 persons or other persons with disabilities and remit it to the Department of Labor for inclusion in the health insurance fund. In addition, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to make the employer contributions required for the operation of such plan or plans. Should the Georgia Cooperative Services for the Blind, Inc., fail to remit such deductions or such employer contributions through the Department of Labor, the commissioner may, upon written notice to the Georgia Cooperative Services for the Blind, Inc., terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted." SECTION 3. Said chapter is further amended by striking Code Section 45-18-5.2, relating to sheltered employment center employees, and inserting in lieu thereof a new Code Section 45-185.2 to read as follows: "45-18-5.2. The board is authorized to contract with public and private nonprofit sheltered employment centers which contract with or employ persons within the Division of Rehabilitation Services of the Department of Labor and the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources for the inclusion of employees working in the sheltered employment centers within any health insurance plan or plans established under this article. The board is authorized to adopt regulations for entering into any contract. In the event any contract is entered into, it shall be the duty of the sheltered employment center to remit any funds that may be deducted from the earnings or other compensation of such sheltered employees for inclusion in the health insurance fund. In addition, it shall be the duty of the sheltered employment center to make the employer contributions required for the operation of such plan or plans. Should the sheltered employment center fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the sheltered employment center, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted." SECTION 4. Said chapter is further amended by striking Code Section 45-18-7.1, relating to employees of the Georgia Development Authority, and inserting in lieu thereof a new Code Section 45-18-7.1 to read as follows: "45-18-7.1. The board is authorized to contract with the Georgia Development Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Development Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be 6164 JOURNAL OF THE HOUSE the duty of the Georgia Development Authority to deduct from the salary or other remuneration of its employees such payment as may be required under the board's regulations. In addition, it shall be the duty of the Georgia Development Authority to make the employer contributions required for the operation of such plan or plans. Should the Georgia Development Authority fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Georgia Development Authority, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted." SECTION 5. Said chapter is further amended by striking Code Section 45-18-7.2, relating to Agrirama Development Authority employees, and inserting in lieu thereof a new Code Section 4518-7.2 to read as follows: "45-18-7.2. The board is authorized to contract with the Georgia Agrirama Development Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Agrirama Development Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Agrirama Development Authority to deduct from the salary or other remuneration of its employees such payment as may be required under the board's regulations. In addition, it shall be the duty of the Georgia Agrirama Development Authority to make the employer contributions required for the operation of such plan or plans. Should the Georgia Agrirama Development Authority fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Georgia Agrirama Development Authority, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted." SECTION 6. Said chapter is further amended by striking Code Section 45-18-7.3, relating to employees of Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, and Sheriffs Retirement Fund of Georgia, spouses, and dependent children, and inserting in lieu thereof a new Code Section 45-18-7.3 to read as follows: "45-18-7.3. The board is authorized to contract with the Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, and the Sheriffs Retirement Fund of Georgia for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of said Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, and Sheriffs Retirement Fund of Georgia and their THURSDAY, MARCH 30, 2006 6165 spouses and dependent children, as defined by the regulations of the board. It shall be the duty of said Peace Officers Annuity Benefit Fund, Georgia Firefighters Pension Fund, and Sheriffs Retirement Fund of Georgia to deduct from the salary or other remuneration of their employees such payment as may be required under the board's regulations. In addition, it shall be the duty of said Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, and Sheriffs Retirement Fund of Georgia to make the employer contributions required for the operation of such plan or plans. Should the Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, or Sheriffs Retirement Fund of Georgia fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Peace Officers Annuity and Benefit Fund, Georgia Firefighters Pension Fund, or Sheriffs Retirement Fund of Georgia, as the case may be, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted." SECTION 7. Said chapter is further amended by striking Code Section 45-18-7.5, relating to employees of Georgia Housing and Finance Authority, spouses, and dependent children, and inserting in lieu thereof a new Code Section 45-18-7.5 to read as follows: "45-18-7.5. The board is authorized to contract with the Georgia Housing and Finance Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Housing and Finance Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Housing and Finance Authority to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees, retired employees, or dependents as may be required under the board's regulations. In addition, it shall be the duty of the Georgia Housing and Finance Authority to make the employer contributions required for the operation of such plan or plans. Should the Georgia Housing and Finance Authority fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Georgia Housing and Finance Authority, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted." SECTION 8. Said chapter is further amended by striking Code Section 45-18-7.6, relating to employees of Georgia-Federal State Inspection Service, spouses, and dependent children, and inserting in lieu thereof a new Code Section 45-18-7.6 to read as follows: "45-18-7.6. 6166 JOURNAL OF THE HOUSE The board is authorized to contract with the Georgia-Federal State Inspection Service for the inclusion in any health insurance plan or plans established under this article of the state employees of, retiring employees of, and employees who retired under the Employees Retirement System of Georgia on or before July 1, 2000, from the GeorgiaFederal State Inspection Service and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia-Federal State Inspection Service to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees or dependents as may be required under the board's regulations. In addition, it shall be the duty of the Georgia-Federal State Inspection Service to make the employer contributions required for the operation of such plan or plans. Should the Georgia-Federal State Inspection Service fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to the Georgia-Federal State Inspection Service, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted." SECTION 9. Said chapter is further amended by striking Code Section 45-18-7.7, relating to employees and dependents of critical access hospitals in health plans, and inserting in lieu thereof a new Code Section 45-18-7.7 to read as follows: "45-18-7.7. (a) The board is authorized to contract with any public or nonprofit critical access hospital that meets such requirements as the department may establish for the inclusion of the employees and dependents of such critical access hospitals in any health plan established under this article. It shall be the duty of such critical access hospital to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees as may be required under the board's regulations. In addition, it shall be the duty of such critical access hospital to make the employer contributions required for the operation of such plan. Should any critical access hospital fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to such critical access hospital, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. (b) The board is authorized to contract with any federally qualified health center, as defined in Section 1395x(aa)(4) of Title 42 of the United States Code Annotated, that meets such requirements as the department may establish for the inclusion of the employees and dependents of such federally qualified health centers in any health plan established under this article. It shall be the duty of the federally qualified health center to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees as may be required under the board's regulations. In addition, it THURSDAY, MARCH 30, 2006 6167 shall be the duty of such federally qualified health center to make the employer contributions required by the board for the operation of such plan. The department shall make a determination, no later than January 1, 2005, as to whether a federally qualified health center is an agency or instrumentality of the State of Georgia. In the event that the department determines that such centers are agencies or instrumentalities of the State of Georgia, then all employees and dependents of such centers shall be eligible for inclusion in the state employees health insurance plan. Should any such federally qualified health center fail to remit such deductions or such employer contributions to the board, the commissioner may, upon written notice to such federally qualified health center, terminate the coverage for such employees as of the day following the last day for which such deductions or such employer contributions were remitted to the board. Coverage may be reinstated upon the tender of any such deductions or employer contributions not previously remitted. (c) The authority granted to the board pursuant to Code Sections 45-18-5.1, 45-18-5.2, 45-18-7.1, 45-18-7.2, 45-18-7.3, 45-18-7.5, and 45-18-7.6; by this Code section; or by any other provision of this article may be exercised only upon a determination by the department that the employer is an agency or instrumentality of the State of Georgia or, if the department determines that such entities are not agencies or instrumentalities of the State of Georgia, then employees and dependents of such entities may be included in the state employees health insurance plan up to the point that such health plan would not be able to retain its exempt status under the federal Employee Retirement Income Security Act of 1974." SECTION 10. Said chapter is further amended by adding a new subsection (c) to Code Section 45-1810, relating to the right of continuation of insurance benefits for former state employees, to read as follows: "(c) Any other provision of this article to the contrary notwithstanding, any employee who is injured by an act of inmate violence while he or she is employed as a correctional officer in a correctional facility in this state and is five years or less from becoming eligible for medicare medical coverage shall be exempt from the eight or more years of service requirement and shall be entitled to continue full coverage and participation, including coverage for his or her spouse and dependent children, in the health insurance plan upon the payment of the monthly premium fixed by the board for active state employees. The first monthly premium provided for in this subsection must be paid within 30 days following receipt of a notice of premium to be sent to such person by the commissioner. If such premium is not paid within such time limit, such insurance coverage shall be canceled and such person shall not again be eligible to participate in such plan." SECTION 11. Said chapter is further amended by striking Code Section 45-18-16, relating to certification to departments and other entities of the state of employer payment 6168 JOURNAL OF THE HOUSE percentage for ensuing fiscal year, and inserting in lieu thereof a new Code Section 4518-16 to read as follows: "45-18-16. On or before June 1 of each year Not less than 30 days prior to the commencement of the plan year, the commissioner of community health shall certify to the director or chief administrative officer of each state department, bureau, institution, board, commission, or authority having employees covered by this article the amount of percentage adopted by the board as employer payments for the ensuing fiscal year; and they shall, in their annual budget, make provisions for funds with which to pay the board the required employer payments." SECTION 12. Said chapter is further amended by adding new Code sections to read as follows: "45-18-20. Any bill prepared by the General Assembly which would impact the state employees health insurance plan established under this article shall require a fiscal note in accordance with the procedures of Code Section 28-5-42. 45-18-21. (a) There is created the House Asthma Strategic Planning Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives, as well as representatives from the Governor's office, the Public Employee Health Benefits Division and the Division of Medical Assistance of the Department of Community Health, the Department of Education, the Department of Early Care and Learning, the American Lung Association, and Children's Healthcare of Atlanta. The Speaker of the House of Representatives shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee. The committee shall undertake a study of the current prevalence of asthma in Georgia and determine a state-wide strategy for reducing the prevalence of the disease as well as improving the health status of Georgians with asthma. (b) 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 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. 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 THURSDAY, MARCH 30, 2006 6169 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 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. (c) This Code section shall be repealed and the committee shall stand abolished on December 31, 2006." SECTION 13. This Act shall become effective on July 1, 2006. SECTION 14. All laws and parts of laws in conflict with this Act are repealed. Representative Channell of the 116th moved that the House adopt the report of the Committee of Conference on HB 1372. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield N 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 Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Crawford Y Cummings N Davis Y Day Y Dean Y Dickson Dodson N Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Graves, T Y Greene Y Hanner Y Harbin Y Hill, C.A Y Holmes Y Holt N Horne N Houston Y Howard, E 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 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 Martin N Maxwell N May Y McCall McClinton N Meadows E Millar Y Mills Y Mitchell Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q N 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 Sailor Y Scheid Y Scott, A N Scott, M Y Setzler Y 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 Smith, V E Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton N Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson 6170 JOURNAL OF THE HOUSE Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Hatfield Heard, J Y Heard, K Y Heckstall Hembree Henson N Hill, C N Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Willard Y Williams, A Y Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 140, nays 16. The motion prevailed. The following message was received from the Senate through Mr. Ewing, 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: HB 1178. By Representatives Hill of the 180th, Channell of the 116th, Cooper of the 41st, Brown of the 69th, Jenkins of the 8th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the establishment of a program through which unused prescription drugs may be distributed for use by medically indigent persons; to provide for a short title; to provide for definitions; to provide for a pilot program; to provide for the establishment of rules and regulations; to provide for timelines; to provide for limited liability; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1211. By Representatives Reese of the 98th, Lane of the 158th, Ralston of the 7th, Holt of the 112th, Crawford of the 127th 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 the Southern Appalachian brook trout as the official state cold water game fish; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 413. By Senators Moody of the 56th, Weber of the 40th, Douglas of the 17th, Thomas of the 2nd, Fort of the 39th and others: THURSDAY, MARCH 30, 2006 6171 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, the compulsory school attendance law, so as to change certain provisions relating to mandatory education for children between ages six and 16; to provide that an unemancipated minor older than the age of mandatory attendance may not withdraw from enrollment in school without the permission of his or her parent or guardian; to require parent or guardian approval; to provide for a conference with the principal; to provide for local board of education policies; to change certain provisions relating to the minimum annual attendance required; to change certain provisions relating to exemptions from compulsory attendance; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 173. By Representative Lunsford of the 110th: A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. SB 64. By Senator Douglas of the 17th: A BILL to be entitled an Act to amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to repeal the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 848. By Representatives Butler of the 18th, Maxwell of the 17th, England of the 108th, Roberts of the 154th and Stephens of the 164th: 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 6172 JOURNAL OF THE HOUSE automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitute to the following resolution of the Senate: SR 873. By Senators Stoner of the 6th, Wiles of the 37th, Hill of the 32nd, Rogers of the 21st and Thompson of the 33rd: A RESOLUTION commending the accomplishments of Emory Parrish and dedicating the Emory Parrish Interchange; and for other purposes. The following Resolution of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SR 804. By Senators Moody of the 56th and Shafer of the 48th: A RESOLUTION to create the North Fulton Boundary Commission; and for other purposes. Representative Jones of the 46th moved that the House insist on its position in substituting SR 804. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson N Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns N Butler Y Byrd Y Crawford Y Cummings Davis Y Day N Dean Y Dickson Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Epps Y Everson 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 Hill, C.A Y Holmes Y Holt Horne Y Houston Y Howard, E Y Hudson Y Hugley N Jackson Y Jacobs Y James 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 Martin Y Maxwell May Y McCall McClinton N Meadows E Millar Y Mills Y Mitchell N 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 N Sailor Y Scheid Y Scott, A Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Smith, P Y Smith, R Y Smith, T Smith, V E Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin THURSDAY, MARCH 30, 2006 6173 Y Carter Y Casas Chambers Y Channell Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Heard, J Y Heard, K N Heckstall Hembree Henson Y Hill, C Y Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Walker Y Warren N Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 135, nays 10. The motion prevailed. The Speaker assumed the Chair. 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 552. By Senator Reed of the 35th: A BILL to be entitled an Act to incorporate the City of South Fulton in Fulton County; to provide for a charter for the City of South Fulton; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for severability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To incorporate the City of South Fulton in Fulton County; to provide for a charter for the City of South Fulton; to provide for incorporation, boundaries, and powers of the city; to 6174 JOURNAL OF THE HOUSE provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for homestead exemptions; to provide for bonds for officials; to provide for other matters relative to the foregoing; to provide for referenda; to provide for an automatic repeal; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from Fulton County to the City of South Fulton; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I CREATION, INCORPORATION, POWERS SECTION 1.01. Incorporation. This Act shall constitute the charter of the City of South Fulton. The City of South Fulton in the County of Fulton, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "City of South Fulton" and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever, and may have and use a common seal. SECTION 1.02. Corporate boundaries. The boundaries of the City of South Fulton shall be as set forth and described in Appendix A of this Act, and said Appendix A is incorporated into and made a part of this Act. The city manager shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries. THURSDAY, MARCH 30, 2006 6175 SECTION 1.03. Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this Act. This city shall have all the powers of self-government not otherwise prohibited by this Act or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following: (1) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this Act and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the city council, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the 6176 JOURNAL OF THE HOUSE preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm water and establishment of a storm-water utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal elected officials, appointed officials, and employees, establishing procedures for ethics complaints and setting forth penalties for violations of such rules and procedures; (10) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (12) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (16) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (17) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (18) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this Act or the laws of the State of Georgia; THURSDAY, MARCH 30, 2006 6177 (19) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (20) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (21) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, storm-water management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (22) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this Act and the laws of the State of Georgia; (24) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed police officers; and to establish, operate, or contract for a police and a firefighting agency; (26) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (27) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements inside or outside the corporate limits of the city and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (28) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (29) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (30) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to 6178 JOURNAL OF THE HOUSE be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (31) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (32) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (33) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; 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, THURSDAY, MARCH 30, 2006 6179 health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this Act as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this Act shall not be held to be exclusive of others or restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. SECTION 1.04. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this Act. If this Act makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND LEGISLATIVE BRANCH SECTION 2.01. City council creation; number; election. (a) The legislative authority of the government of South Fulton, except as otherwise specifically provided in this Act, shall be vested in a city council to be composed of a mayor and five councilmembers. (b) The mayor shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. (c) Each councilmember shall be elected by a majority vote of the qualified electors of his or her respective council district voting at the elections of the city. For the purpose of electing the five councilmembers, there shall be five council districts, designated Council Districts 1 through 5, as described in Appendix B of this Act and the accompanying Redistricting Plan Components Report, which are attached to and made a part of the Act of the City of South Fulton. Each person desiring to offer as a candidate for councilmember shall designate the council district for which he or she is offering. SECTION 2.02. Mayor and city councilmembers; election, terms, and qualifications for office. 6180 JOURNAL OF THE HOUSE (a) Except as otherwise provided in subsection (c) of this section, the mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the area comprising the corporate limits of the City of South Fulton for a continuous period of at least 12 months immediately prior to the date of the election for mayor or councilmember, shall continue to reside therein during that person's period of service, and shall continue to be registered and qualified to vote in municipal elections of the City of South Fulton. In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a council district unless that person has been a resident of the district such person seeks to represent for a continuous period of at least six months immediately prior to the date of the election for councilmember and continues to reside in such district during that person's period of service. (b) The first general municipal elections shall be held on the Tuesday next following the first Monday in November 2007. Thereafter, general municipal elections shall be held on the Tuesday next following the first Monday in November in the odd-numbered year following by more than two years the year in which said first municipal election is held, and quadrennially thereafter. (c) The first mayor and the initial councilmembers shall take office on the first day of the first month immediately following the first municipal election provided for in subsection (b) of this section and shall serve for terms which expire when their successors take office in January of the first year immediately following the second municipal election provided for therein. Thereafter the mayor and councilmembers shall take office as provided in Code Section 21-2-541.1 of the O.C.G.A. and serve for terms of four years. The initial members and future members of the governing authority shall serve until their successors are elected and qualified. SECTION 2.03. Vacancy; filling of vacancies; suspensions. The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this Act or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember. SECTION 2.04. Nonpartisan elections. THURSDAY, MARCH 30, 2006 6181 Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designation. SECTION 2.05. Election by majority vote. The candidates for mayor and councilmember who receive a majority of the votes cast in the applicable election shall be elected to a term of office. In the event no candidate receives a majority of the votes cast in said election, a run-off election shall be held between the two candidates receiving the highest number of votes. Such runoff shall be held at the time specified by state election law, unless such run-off date is postponed by court order. SECTION 2.06. Applicability of general laws; qualifying; other provisions. All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. Except as otherwise provided by this Act, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate, including but not limited to the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. SECTION 2.07. Compensation and expenses. The annual salary of the mayor shall be $16,500.00 and the annual salary for each councilmember shall be $12,500.00. Such salary shall be paid from municipal funds in monthly installments. The city council may provide by ordinance for the provision of insurance, retirement, workers compensation, and other employee benefits to the mayor and members of the city council and may provide by ordinance for the reimbursement of expenses actually and necessarily incurred by the mayor and members of the city council in carrying out their official duties. SECTION 2.08. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance. 6182 JOURNAL OF THE HOUSE SECTION 2.09. Meetings and mayor pro tempore. (a) The city council shall meet on the first working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered to the newly elected mayor and councilmembers by a judicial officer authorized to administer oaths. The oath shall, to the extent that it comports with federal and state law, be as follows: "I do solemnly swear or affirm that I will faithfully execute the office of [councilmember or mayor as the case may be] of the City of South Fulton, and will to the best of my ability support and defend the Constitution of the United States, the Constitution of Georgia, and the Act, ordinances, and regulations of the City of South Fulton. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of my district and the City of South Fulton for the time required by the Constitution and laws of this state and by the municipal Act. I will perform the duties of my office in the best interest of the City of South Fulton to the best of my ability without fear, favor, affection, reward, or expectation thereof." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of four years and until a successor is elected and qualified. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's disability or absence, except that the mayor pro tempore shall continue to vote as a councilmember and may not exercise the mayor's prerogative to vote in the case of a tie. During the mayor's disability or absence, the mayor pro tempore may veto any action of the city council. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the members present, shall be clothed with all the rights and privileges of the mayor and shall perform the mayor's duties in the same manner as the mayor pro tempore. (c) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (d) Special meetings of the council may be held on the call of the mayor or three members of the council. Notice of such special meetings shall be delivered to all members of the council and the mayor personally, by registered mail, or by electronic means, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor or a councilmember in writing before or after such a meeting and attendance at the meeting THURSDAY, MARCH 30, 2006 6183 shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the call may be transacted at the special meeting. SECTION 2.10. Quorum; voting. Three councilmembers shall constitute a quorum and shall be authorized to transact business for the council. Voting on the adoption of ordinances shall be taken by voice vote and the yeas and nays shall be recorded in the minutes, but on the request of any member there shall be a roll-call vote. In order for any ordinance, resolution, motion, or other action of the council to be adopted, the measure must receive at least two affirmative votes and must receive the affirmative votes of a majority of those voting. No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such member of council has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved. The mayor shall vote only in the case of a tie or in the case where his or her vote will provide the affirmative vote required for approval of a matter. SECTION 2.11. General power and authority of the council. (a) Except as otherwise provided by law or by this Act, the council shall be vested with all the powers of government of the City of South Fulton as provided by Article I of this Act. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this Act and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of South Fulton and may enforce such ordinances by imposing penalties for violation thereof. (c) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council. SECTION 2.12. Administrative and service departments. 6184 JOURNAL OF THE HOUSE The council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city; provided, however, that the office of city manager may be abolished only upon an affirmative vote of four of the five members of the council. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officers, employees, and positions as may be provided by this Act or by ordinance and shall be subject to the general supervision and guidance of the mayor and council. SECTION 2.13. Boards, commissions, and authorities. (a) All members of boards, commissions, and authorities of the city shall be nominated by the mayor and be confirmed by the council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this Act or by applicable state law. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as voting ex officio members of such boards, commissions, or authorities. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this Act or any applicable state law. (d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the council and administered by the mayor. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the members of the council. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this Act or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this Act, ordinances of the city, or applicable THURSDAY, MARCH 30, 2006 6185 state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city. SECTION 2.14. Ordinance form; procedures. Every proposed ordinance and resolution shall be introduced in writing and the city council shall have the authority to approve, disapprove, or amend the same. A resolution may be passed at the time it is offered, but an ordinance shall not be adopted until the title of said ordinance shall have been read at two city council meetings, provided that the beginnings of said meetings shall be not less than 24 hours nor more than 60 days apart. This requirement of two readings shall not apply to emergency ordinances or to ordinances adopted at the first business meeting of the city council in a calendar year. SECTION 2.15. Submission of ordinances to the mayor. (a) Every ordinance, resolution, and other action adopted by the council shall be presented promptly to the mayor. Except for council approval of appointments to committees, boards, and commissions, the employment of any appointed officer, internal affairs, or matters which must be approved by the voters, the mayor may veto any action adopted by the city council. (b) The veto must be exercised no later than the next regular city council meeting following the meeting at which the action was taken. If an action is disapproved, the mayor shall submit to the council a written statement of the reasons for the mayor's veto. (c) An action vetoed by the mayor shall automatically be on the agenda at the next regular meeting of the city council for reconsideration. If the minimum number of councilmembers necessary to vote on overriding the veto are not present, the action may be continued until the next meeting at which the minimum number of councilmembers are present. Such action shall not become effective unless it is readopted by the affirmative votes of at least four members of council within 60 days of the veto. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance or resolution. The approved part or parts of any ordinance or resolution making appropriations shall become law, and the part or parts disapproved or reduced shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this Act. (e) If an ordinance or resolution has been signed by the mayor, it shall become effective. If an ordinance or resolution is neither approved nor disapproved by the next regular meeting of the city council, it shall become effective. ARTICLE III EXECUTIVE BRANCH 6186 JOURNAL OF THE HOUSE SECTION 3.01. Powers and duties of the mayor. (a) The mayor shall be the chief executive officer of the city government, a member of and the presiding officer of the city council, and responsible for the efficient and orderly administration of the city's affairs. The mayor shall be responsible for the enforcement of laws, rules, regulations, ordinances, and franchises in the city. The mayor may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as specified in this Act or as may be provided by ordinance consistent with this Act. (b) The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the advocate of policy; (3) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing; (4) See that all laws and ordinances of the city are faithfully executed; (5) Vote on any motion, resolution, ordinance, or other question before the council only as provided in Section 2.10 of this Act and vote on any matter before a committee on which he or she serves; (6) Obtain short-term loans in the name of the city when authorized by the city council to do so; (7) Appoint councilmembers to oversee and report on the functions of the various departments of the city; (8) Require the city manager to meet with him or her at a time and place designated for consultation and advice upon the affairs of the city; (9) Name qualified residents of the city to boards and commissions with approval of the city council; (10) Make recommendations with respect to the employment or termination of city employees; (11) Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted by the mayor, any councilmember, the city manager, and the city attorney; and (12) Fulfill and perform such other duties as are imposed by this Act and duly adopted ordinances. SECTION 3.02. City manager; appointment, qualification, and compensation. The mayor shall appoint, subject to confirmation by the council, for an indefinite term an officer whose title shall be "city manager" and the city manager shall serve at the pleasure THURSDAY, MARCH 30, 2006 6187 of the council. The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her executive and administrative qualifications with special reference to his or her educational background and actual experience in, and knowledge of, the duties of office as hereinafter prescribed. SECTION 3.03. City manager; chief administrative officer. The city manager shall be the chief administrative officer of the government of the City of South Fulton. The city manager must devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and council for the proper and efficient administration of the affairs of the city over which said officer has jurisdiction; provided, however, that the council may by resolution permit the office of city manager to be a part-time position. SECTION 3.04. City manager; powers and duties enumerated. The city manager shall have the power, and it shall be his or her duty to: (1) See that all laws and ordinances are enforced; (2) Appoint and employ all necessary employees of the city, provided that excepted from the power of this appointment are those officers and employees who by this Act are appointed or elected by the council or departments not under the jurisdiction of the city manager; (3) Remove employees employed by said officer without the consent of the council and without assigning any reason therefor; (4) Exercise supervision and control of all departments and all divisions created in this Act or that may hereafter be created by the council except as otherwise provided in this Act; (5) Attend all meetings of the council with a right to take part in the discussions, but having no vote. The city manager shall be entitled to notice of all special meetings; (6) Recommend to the council, after prior review and comment by the mayor, for adoption such measures as the city manager may deem necessary or expedient; (7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and upon knowledge of any violation thereof to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same; (8) Make and execute all lawful contracts on behalf of the city as to matters within said officer's jurisdiction to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the council; 6188 JOURNAL OF THE HOUSE (9) Act as budget officer to prepare and submit to the council, after review and comment by the mayor, prior to the beginning of each fiscal year a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (10) Keep the council at all times fully advised as to the financial condition and needs of the city; (11) Make a full written report to the council on the first of each month, unless otherwise directed by the council, showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the clerk of the city; (12) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (13) Perform such other duties as may be prescribed by this Act or required by ordinance or resolution of the council. SECTION 3.05. Council interference with administration. Except for the purpose of inquiries and investigations under Section 2.08 of this Act, the city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the manager solely through the manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 3.06. City manager; removal. (a) The mayor and council may remove the city manager from office in accordance with the following procedures: (1) The council shall adopt by affirmative vote of a majority of all its members a preliminary resolution removing the city manager and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the council a written request for a public hearing. This hearing shall be held at a council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the council a written reply not later than five days before the hearing; and (3) The council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of four of its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the THURSDAY, MARCH 30, 2006 6189 city manager, if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested one. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of removal and, unless he or she has been convicted of a felony at that time, he or she shall be given not less than 60 days severance pay. The action of the council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section. SECTION 3.07. Acting city manager. (a) The city manager may designate in writing any administrative employee of the city who shall exercise all powers, duties, and functions of the city manager during the city manager's temporary absence from the city or during the city manager's disability. If such designation has not been made and the city manager is absent from the city or unable to perform the duties of the office or to make such designation, the council may, by resolution, appoint any qualified administrative employee of the city to perform the powers, duties, and functions of the city manager until the city manager shall return to the city, the disability ceases, or the council appoints a new city manager. (b) In the event of a vacancy in the office of city manager, the council may designate a person as acting city manager, who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed. SECTION 3.08. City attorney. The mayor shall nominate and the council shall confirm by majority vote of the council a city attorney, together with such assistant city attorneys as may be deemed appropriate, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the council, mayor, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney. The city attorney shall review all contracts of the city but shall not have the power to bind the city. SECTION 3.09. City clerk. 6190 JOURNAL OF THE HOUSE The mayor may appoint a city clerk, subject to confirmation by majority vote of the council, to keep a journal of the proceedings of the city council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct. SECTION 3.10. Tax collector. The mayor may appoint a tax collector, subject to confirmation by majority vote of the council, to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this Act and the ordinances of the city; and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. SECTION 3.11. City accountant. The mayor may appoint a city accountant, subject to confirmation by majority vote of the council, to perform the duties of an accountant. SECTION 3.12. Consolidation of functions. As elsewhere herein, the city manager, with the approval of the council, may consolidate any two or more of the positions of city clerk, tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same. SECTION 3.13. Position classification and pay plans; employment at will. The city manager shall be responsible for the preparation of a position classification and a pay plan which shall be submitted to the council for approval. Said plan may apply to all employees of the City of South Fulton and any of its agencies and offices. When a pay plan has been adopted by the council, neither the council nor the city manager shall increase or decrease the salaries of individual employees except in conformity with such pay plan or pursuant to an amendment of said pay plan duly adopted by the council. Except as otherwise provided in this Act, all employees of the city shall be subject to removal or discharge, with or without cause, at any time. THURSDAY, MARCH 30, 2006 6191 ARTICLE IV MUNICIPAL COURT SECTION 4.01. Creation. There is established a court to be known as the Municipal Court of the City of South Fulton which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tempore shall preside and shall exercise the same powers and duties as the judge when so acting. SECTION 4.02. Judge. (a) No person shall be qualified or eligible to serve as judge unless he or she shall have attained the age of 21 years and shall have been a member of the State Bar of Georgia for a minimum of three years. The judge shall be appointed by resolution of the council. The compensation of the judge shall be fixed by the council. The position of judge created in this article shall not be a full-time position, and the person serving in said position may engage in the private practice of law. (b) The judge pro tempore shall serve as requested by the judge, shall have the same qualifications as the judge, shall be appointed by resolution of the council, and shall take the same oath as the judge. (c) Before entering on duties of his or her office, the judge and judge pro tempore shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the council. (d) The judge, or judge pro tempore, shall serve for a term of four years but may be removed from the position by a two-thirds vote of the entire membership of the city council or upon action taken by the State Judicial Qualifications Commission for: (1) Willful misconduct in office; (2) Willful and persistent failure to perform duties; 6192 JOURNAL OF THE HOUSE (3) Habitual intemperance; (4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (5) Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character. SECTION 4.03. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary by the judge to keep current the dockets thereof. SECTION 4.04. Jurisdiction; powers. (a) The municipal court shall try and punish for crimes against the City of South Fulton and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or imprisonment for 15 days. The municipal court may fix punishment for offenses within its jurisdiction to the full extent allowed by state law. (b) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of South Fulton, or the property so deposited shall have a lien against it for the value forfeited. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this Act or by state law. (g) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of South Fulton granted by state THURSDAY, MARCH 30, 2006 6193 laws generally to municipal courts, and particularly by such laws as authorize the abatement of nuisances. SECTION 4.05. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Fulton County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.06. Rules for court. With the approval of the council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court. ARTICLE V FINANCE AND FISCAL SECTION 5.01. Fiscal year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department or institution, agency, and activity of the city government, unless otherwise provided by state or federal law. SECTION 5.02. Preparation of budgets. The council shall provide, by ordinance, the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvement program and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. SECTION 5.03. Submission of operating budget to city council. On or before a date fixed by the council, but not later than 30 days prior to the beginning of each fiscal year, the city manager shall, after review and comment by the mayor, submit to the council a proposed operating budget for the ensuing fiscal year. The budget 6194 JOURNAL OF THE HOUSE shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection. SECTION 5.04. Action by council on budget. The council may amend the operating budget proposed by the city manager, except that the budget, as finally amended and adopted, must provide for all expenditures required by law, or by other provisions of this Act, and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues, constituting the fund availability of such fund. SECTION 5.05. Audits. (a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this Act. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets. SECTION 5.06. General homestead exemption. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of South Fulton, except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of South Fulton is granted an exemption on that person's homestead from City of South Fulton ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. THURSDAY, MARCH 30, 2006 6195 (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of South Fulton, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of South Fulton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of South Fulton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of South Fulton, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SECTION 5.07. General homestead exemption for citizens age 65 or over. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of South Fulton except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of South Fulton who is a senior citizen is granted an exemption on that person's homestead from City of South Fulton ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. 6196 JOURNAL OF THE HOUSE (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of South Fulton, or the designee thereof, giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority of the City of South Fulton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of South Fulton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of South Fulton, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SECTION 5.08. Homestead exemption for citizens age 65 or over meeting certain income requirements. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of South Fulton, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means adjusted gross income as such term is defined in the Internal Revenue Code of 1986, as such code is defined in Code Section 48-1-2 of the O.C.G.A., except that for purposes of this section the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be THURSDAY, MARCH 30, 2006 6197 received by an individual and an individual's spouse under the federal Social Security Act. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of South Fulton who is a senior citizen is granted an exemption on that person's homestead from City of South Fulton ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of South Fulton, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of South Fulton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of South Fulton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of South Fulton, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SECTION 5.09. Homestead exemption for citizens age 70 or over and disabled persons meeting certain income requirements. 6198 JOURNAL OF THE HOUSE (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of South Fulton, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means adjusted gross income determined pursuant to the Internal Revenue Code of 1986, as amended, for federal income tax purposes, except that for the purposes of this section the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. (4) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of South Fulton who is a senior citizen or who is disabled is granted an exemption on that person's homestead from City of South Fulton ad valorem taxes for municipal purposes for the full value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act for the immediately preceding year. (c)(1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of South Fulton, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of South Fulton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of South Fulton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year THURSDAY, MARCH 30, 2006 6199 to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of South Fulton, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. ARTICLE VI GENERAL PROVISIONS SECTION 6.01. Referendum and initial election. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of South Fulton for approval or rejection. The superintendent shall set the date of such election for the third Tuesday in June, 2007. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act incorporating the City of South Fulton in Fulton County ( ) NO and granting homestead exemption described therein be approved?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in Section 6.02 of this Act; otherwise this Act shall not take effect and shall be void and of no force and effect. The initial expense of such election shall be borne by Fulton County. Within two years after the election if the incorporation is approved, the City of South Fulton shall reimburse Fulton County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and members of the city council pursuant to subsection (b) of Section 2.02 of this Act. It shall be the 6200 JOURNAL OF THE HOUSE duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (b) For the purposes of the referendum election provided for in this section and for the purposes of the election to be held on the Tuesday next following the first Monday in November, 2007, the qualified electors of the City of South Fulton shall be those qualified electors of Fulton County residing within the corporate limits of the City of South Fulton as described by Appendix A of this Act. At subsequent municipal elections, the qualified electors of the City of South Fulton shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for by this section and holding and conducting the election of the mayor and city councilmembers of the City of South Fulton to be held on the Tuesday next following the first Monday in November, 2007, the election superintendent of Fulton County is vested with the powers and duties of the election superintendent of the City of South Fulton and the powers and duties of the governing authority of the City of South Fulton. SECTION 6.02. Effective dates. (a) Section 6.01 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective on October 30, 2006; provided, however, that the provisions of this Act necessary for the election to be held on the next special election date permissible pursuant to the provisions of Code Section 21-2-540 of the O.C.G.A. following the date of the approval of this Act as provided for by Section 6.01 of this Act shall be effective upon the certification of the results of such referendum election. (b) A period of time will be needed for an orderly transition of various government functions from Fulton County to the City of South Fulton. Accordingly, there shall be a transition period beginning on October 30, 2006, and ending at midnight of the last day of the twenty-fourth month following such date. During such transition period, all provisions of this Act shall be effective as law, but not all provisions of this Act shall be implemented. (c) During such transition period, Fulton County shall continue to provide within the territorial limits of South Fulton all government services and functions which Fulton County provided in that area as of the date of enactment of this Act, except to the extent otherwise provided in this section; provided, however, that by agreement of Fulton County and the City of South Fulton responsibility for any such service or function may be transferred to the City of South Fulton at such time as may be agreed upon by the parties. Beginning on December 1, 2007, the City of South Fulton shall collect taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of South Fulton; provided, however, that upon at least 30 days prior written notice to Fulton County by the City of South Fulton, the authority to collect any tax, fee, assessment, fine, forfeiture, or other moneys shall remain with Fulton County after THURSDAY, MARCH 30, 2006 6201 December 1, 2007, until such time as Fulton County receives subsequent notice from the City of South Fulton that such authority shall be transferred to the City of South Fulton. Where a particular tax, fee, assessment, fine, forfeiture, or other amount collected is specifically related to the provision of a particular government service or function by Fulton County, the service or function shall continue to be provided by the county contingent upon payment by the city of the actual cost of providing such service or function unless otherwise provided in a written agreement between the city and the county. Any existing contract for the performance of a governmental service with a private person residing or doing business within the city limits shall not be altered or adversely affected by the establishment of this Act of the City of South Fulton. (d) During the transition period, the governing authority of the City of South Fulton: (1) Shall hold regular meetings and may hold special meetings as provided in this Act; (2) May enact ordinances and resolutions as provided in this Act; (3) May amend this Act by home rule action as provided by general law; (4) May accept gifts and grants; (5) May borrow money and incur indebtedness to the extent authorized by this Act and general law; (6) May levy and collect an ad valorem tax for the calendar year next following the first municipal election; (7) May establish a fiscal year and budget; (8) May create, alter, or abolish departments, boards, offices, commissions, and agencies of the city; appoint and remove officers and employees; and exercise all necessary or appropriate personnel and management functions; and (9) May generally exercise any power granted by this Act or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (e) During the transition period, the Municipal Court of South Fulton shall exercise its jurisdiction to the extent appropriate with respect to the government services and functions performed by the City of South Fulton and the appropriate court or courts of Fulton County shall retain jurisdiction over the area incorporated as the City of South Fulton with respect to government services and functions performed by Fulton County. Any transfer of jurisdiction to the City of South Fulton at the beginning of, during, at the end of, or after the transition period shall not in and of itself abate any judicial proceeding pending in Fulton County or the pending prosecution of any violation of any ordinance of Fulton County. (f) During the transition period, the governing authority of South Fulton may at any time, without the necessity of any agreement by Fulton County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county at least 30 days written notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of South Fulton commencing to exercise its planning and zoning powers, the Municipal Court of South Fulton shall immediately have 6202 JOURNAL OF THE HOUSE jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (g) Effective upon the termination of the transition period, subsections (c) through (f) of this section shall cease to apply except for the last sentence of subsection (e) which shall remain effective. Effective upon the termination of the transition period, the City of South Fulton shall be a fully functioning municipal corporation and subject to all general laws of this state. SECTION 6.03. Catchlines. The catchlines of sections of this Act or any ordinance printed in boldface type, italics, or otherwise, are intended as mere catchwords to indicate the contents of the section, and: (1) Shall not be deemed or taken to be titles of such sections or as any part of the section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the article and section headings contained in this Act shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any article or section hereof. SECTION 6.04. Directory nature of dates. If it is necessary to delay any action called for in this Act for providential cause, delay in securing approval under the federal Voting Rights Act, or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing, it is specifically provided that: (1) If it is not possible to hold the referendum election provided for in Section 6.01 of this Act on the date specified in that section, then such referendum shall be held as soon after such date as is reasonably practicable; and (2) If it is not possible to hold the first regular municipal election provided for in Section 2.02 of this Act on the date specified in that section, then there shall be a special election for the initial members of the governing authority to be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. SECTION 6.05. Severability. THURSDAY, MARCH 30, 2006 6203 In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. SECTION 6.06. Repealer. All laws and parts of laws in conflict with this Act are repealed. APPENDIX A The corporate limits of the City of South Fulton shall consist of the following described territory of Fulton County: All that territory lying in Fulton County south of the municipal limits of the City of Atlanta, exclusive of the following territory: Fulton County Tract: 103.01 Tract: 103.03 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1039 1040 1041 1042 1996 1997 1998 1999 BG: 2 Tract: 103.04 BG: 4 BG: 5 5003 5004 5005 5014 5015 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 Tract: 104 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 All that portion of block 1008 located easterly of Pea Creek/Little Pea Creek to its intersection of Hemp Road and Rivertown Road 1009 1011 1085 1086 1087 1088 1999 BG: 4 4000 4001 4006 4007 4009 4010 4013 4014 4015 4016 4017 4018 4019 4020 4021 4026 4028 4031 4032 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 6204 JOURNAL OF THE HOUSE Tract: 105.07 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1998 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3999 BG: 9 9003 9004 9005 9008 9010 9011 9012 9013 9014 9015 9016 9017 9018 9022 9023 9024 9026 9028 9998 Tract: 105.08 Tract: 105.09 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3034 3035 3036 3037 3998 3999 Tract: 105.10 BG: 4 BG: 5 5000 5001 5005 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5026 5027 5036 BG: 6 6001 6002 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6035 6036 6037 6038 6043 6044 6045 6046 6047 6055 6057 6058 6059 6061 6062 6063 6064 6065 6066 6067 6068 6069 6070 6071 6072 6073 6074 6075 6076 6077 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 4000 4001 4002 4003 4004 4005 4006 4007 4008 Tract: 105.12 BG: 5 5000 5001 5002 5005 5018 BG: 6 6000 6001 6003 6005 6033 6034 THURSDAY, MARCH 30, 2006 Tract: 105.13 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 2041 2042 2056 2057 2997 BG: 8 8024 8025 8026 8027 8028 8029 8030 8031 8032 8033 Tract: 105.14 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 4034 4035 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4078 4079 4080 4081 4082 4083 4084 4085 4088 4089 4090 4998 4999 BG: 6 6000 6003 6041 6043 6044 6046 6051 Tract: 106.04 BG: 3 3012 3013 3014 3015 3016 3017 3018 Tract: 113.04 BG: 1 1030 1033 1034 1035 1036 1049 1060 1061 1063 1064 1065 1066 1067 1068 1069 1070 Tract: 77.01 BG: 5 5001 5002 5003 5004 5005 5006 Tract: 77.02 BG: 4 4008 4011 4012 4013 4014 4997 Tract: 78.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1016 1017 1018 1033 1034 1035 1036 1037 1038 1040 BG: 2 2001 2002 2006 2007 2008 2009 2010 Tract: 78.05 BG: 1 1001 1002 1003 1004 1005 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1027 1028 1029 1030 1031 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 6205 6206 JOURNAL OF THE HOUSE 2012 2013 2014 2015 2019 2020 2021 2022 2023 2024 2031 2032 2033 2035 2036 2037 2038 2039 2040 2999 Tract: 78.06 BG: 2 2013 2014 2016 2017 2018 2028 2029 2030 2031 Tract: 79 BG: 3 3021 3022 3026 3027 3028 3029 Tract: 82.02 BG: 4 4001 4002 4004 4007 4008 4998 The corporate limits of the city shall not include the territory described in that amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within such district which amendment was proposed by 1979 House Resolution No. 1-35, Resolution Act No. 22 (Ga. L. 1979, p. 1797) and was continued in force and effect by an Act approved March 14, 1983 (Ga. L. 1983, p. 4077), and an Act approved March 30, 1986 (Ga. L. 1986, p. 4438); provided, however, that such territory shall automatically be included in the corporate limits of the city upon the repeal of such amendment to the Constitution. The corporate limits shall not include any such territory which, on the date of approval of this Act by the voters, was a part of any other municipal corporation. APPENDIX B Council Districts 1 through 5 shall consist of the described territory of the City of South Fulton attached to this Act and made a part thereof and further identified as Plan Name: sfulccp1re Plan Type: Local User: staff Administrator: SthFulton. 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 South Fulton which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of South Fulton 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. THURSDAY, MARCH 30, 2006 6207 APPENDIX C CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION I, __________________________________, Georgia State ________ from the ___ District and the author of this bill introduced at the 2006 Session of the General Assembly of Georgia, which grants an original municipal Act to the City of South Fulton, do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A. So certified, this ______ day of ____________________, 20__. _______________________ _______________________ District 001 Fulton County Tract: 103.03 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1996 BG: 2 Tract: 103.04 BG: 4 4000 4001 Tract: 77.01 BG: 5 5001 5002 5003 5004 5005 5006 Tract: 78.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1016 1017 1018 1033 1034 1035 1036 1037 1038 1040 BG: 2 2001 2002 2006 2007 2008 2009 2010 Tract: 78.05 BG: 1 1001 1002 1003 1004 1005 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1027 1028 1029 1030 1031 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2019 2020 2021 2022 2023 2024 2031 2032 6208 JOURNAL OF THE HOUSE 2033 2035 2036 2037 2038 2039 2040 2999 Tract: 78.06 BG: 2 2013 2014 2016 2017 2018 2028 2029 2030 2031 Tract: 79 BG: 3 3021 3022 3026 3027 3028 3029 Tract: 82.02 BG: 4 4001 4002 4004 4007 4008 4998 District 002 Fulton County Tract: 103.01 Tract: 103.03 BG: 1 1039 1040 1041 1042 1997 1998 1999 Tract: 103.04 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4018 4021 BG: 5 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 Tract: 104 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 All that portion of block 1008 located easterly of Pea Creek/Little Pea Creek to its intersection of Hemp Road and Rivertown Road 1009 1011 1085 1086 1087 1088 1999 BG: 4 4000 4001 4006 4007 4009 4010 4013 4014 4015 4016 4017 4018 4019 4020 4021 4026 4028 4031 4032 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 Tract: 105.09 BG: 3 3021 3022 3023 3034 3035 3036 3037 3998 3999 Tract: 105.10 BG: 5 5005 5026 5027 BG: 6 6001 6002 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6020 6021 6022 6023 6024 6025 6026 6027 6028 THURSDAY, MARCH 30, 2006 6029 6035 6036 6037 6038 6043 6044 6045 6046 6047 6055 6057 6058 6059 6061 6062 6063 6064 6065 6066 6067 6068 6069 6070 6071 6072 6073 6074 6075 6076 6077 Tract: 105.11 BG: 4 4006 4007 Tract: 105.12 BG: 5 5000 5001 5002 5005 5018 BG: 6 6005 6033 6034 Tract: 105.13 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 2041 2042 2056 2057 2997 BG: 8 8024 8025 8026 8027 8028 8029 8030 8031 8032 8033 Tract: 105.14 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 4034 4035 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4078 4079 4080 4081 4082 4083 4084 4085 4088 4089 4090 4998 4999 BG: 6 6000 6003 6041 6043 6044 6046 6051 District 003 Fulton County Tract: 103.04 BG: 4 4015 4016 4017 4019 4020 BG: 5 5003 5004 5005 5014 5015 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 Tract: 105.07 BG: 9 9002 9003 9004 9005 9008 9010 9011 9012 9013 9014 9015 Tract: 105.11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 6209 6210 JOURNAL OF THE HOUSE 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1034 BG: 2 BG: 4 4000 4001 4002 4003 4004 4005 4008 Tract: 106.04 BG: 3 3012 3013 3014 3015 3016 3017 3018 Tract: 113.04 BG: 1 1030 1033 1034 1035 1036 1049 1060 1061 1063 1064 1065 1066 1067 1068 1069 1070 Tract: 77.02 BG: 4 4008 4011 4012 4013 4014 4997 District 004 Fulton County Tract: 105.07 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1998 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3999 BG: 9 9016 9017 9018 9022 9023 9024 9026 9028 9998 Tract: 105.08 Tract: 105.10 BG: 4 4000 4001 4002 4005 4006 4009 4010 4011 BG: 5 5000 5001 5009 5010 5011 5012 5013 5014 Tract: 105.12 BG: 6 6000 6001 6003 District 005 Fulton County Tract: 105.09 BG: 1 BG: 2 BG: 3 THURSDAY, MARCH 30, 2006 6211 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 Tract: 105.10 BG: 4 4003 4004 4007 4008 4012 4013 4014 BG: 5 5015 5016 5017 5018 5019 5020 5036 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 Barnes Y 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 Y Burkhalter Y Burmeister Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox Y Crawford Y Cummings Davis Y Day Y Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson 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 N Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall McClinton N Meadows E Millar 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 Randall Y 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 Sinkfield Y Smith, B Smith, L Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker 6212 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 157, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 638. By Senators Chance of the 16th, Douglas of the 17th, Stephens of the 27th and Carter of the 13th: A BILL to be entitled an Act to amend Code Section 44-14-518 of the Official Code of Georgia Annotated, relating to liens on aircraft for labor and materials and for contracts of indemnity, so as to provide for filing a notice of intention to claim a lien with the clerk of the superior court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty, so as to eliminate aircraft liens subject to recordation in the Federal Aviation Administration's Aircraft Registry from this Code section; to amend Code Section 44-14-518 of the Official Code of Georgia Annotated, relating to liens on aircraft for labor and materials and for contracts of indemnity, so as to provide for filing a notice of intention to claim a lien with the Federal Aviation Administration's Aircraft Registry; 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 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty, is amended by striking paragraph (1) of subsection (c) in its entirety and inserting in its place the following: "(c)(1) When possession of the property is surrendered to the debtor, the mechanic shall record his or her claim of lien within 90 days after the work is done and the material is furnished or, in the case of repairs made on or to aircraft or farm machinery, within 180 days after the work is done and the material is furnished. The claim of lien shall be recorded in the office of the clerk of the superior court of the county where the owner of the property resides. The claim shall be in substance as follows: THURSDAY, MARCH 30, 2006 6213 'A.B., mechanic, claims a lien on _______ (here describe the property) of C.B., for work done, material furnished, and storage accruing (as the case may be) in manufacturing, repairing, and storing (as the case may be) the same.'" SECTION 2. Code Section 44-14-518 of the Official Code of Georgia Annotated, relating to liens on aircraft for labor and materials and for contracts of indemnity, is amended by striking it in its entirety and inserting in its place the following: "44-14-518. (a) Any person engaged in fueling, repair, storage, servicing, or furnishing supplies or accessories for aircraft or aircraft engines or providing contracts of indemnity for aircraft shall have a lien on such aircraft or aircraft engines for any reasonable charges therefor, including charges for labor, for the use of tools, machinery, and equipment, and for all parts, accessories, materials, fuel, oils, lubricants, storage fees, earned premiums, and other supplies furnished in connection with the servicing or furnishing of supplies or accessories or providing contracts of indemnity for such aircraft. Such lien shall be dissolved unless the person claiming it shall file, therewith. Except as provided by subsection (a) of Code Section 11-9-333, such lien shall be superior to all liens except liens for taxes. (b) Such lien may be asserted by the retention of the aircraft or aircraft engines, and if such lien is asserted by retention of the aircraft or aircraft engine, the lienor shall not be required to surrender the aircraft or the aircraft engine to the holder of a subordinate security interest or lien. When possession of the aircraft or aircraft engine is surrendered by the person claiming the lien, the person claiming the lien shall, within 90 180 days after such fuel, repair, storage, service, supplies, accessories, or contracts of indemnity are furnished:, in the office of the clerk of superior court of the county within which the aircraft was located at the time such service, supplies, accessories, or contracts of indemnity were furnished, a statement, (1) Provide written notice, subscribed and sworn to by such person or by some person in his or her behalf, giving a just and true account of the demands claimed to be due, with all just credits and the name of the person to whom the fuel, repair, storage, service, supplies, accessories, or contracts of indemnity were furnished, the name of the owner of the aircraft or aircraft engine, if known, and a description of the aircraft sufficient for identification,. Such statement shall be recorded by the clerk in a book kept for that purpose, for which the clerk shall receive the same fees as provided in subparagraph (f)(1)(A) of Code Section 15-6-77 for recording liens. by personal delivery, certified mail with return receipt requested, or statutory overnight delivery to the following: (A) The registered owner and others holding recorded interests in the aircraft or aircraft engines at the addresses listed in the Federal Aviation Administration's Aircraft Registry; or (B) If not a United States registered aircraft or if the aircraft engine is not subject to recordation by the Federal Aviation Administration, to the owner, if known, at his or 6214 JOURNAL OF THE HOUSE her last known address, or, if not known, the person to whom the fuel, repair, storage, service, supplies, accessories, or contracts of indemnity were furnished; and (2) File such written notice for recording in the Federal Aviation Administration's Aircraft Registry in the manner prescribed by federal law under 49 USC Section 44107 for the filing of such liens for recordation, or, if not a United States registered aircraft or if the aircraft engine is not subject to recordation by the Federal Aviation Administration, with the appropriate recording authority, established by applicable state law, international treaty, or foreign law, in the manner prescribed for the filing of such liens for recordation." SECTION 3. This Act shall become effective on July 1, 2006. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield N 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 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 Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs N 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 Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Morris Mosby Y Mosley 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 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 Smith, P Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren THURSDAY, MARCH 30, 2006 6215 Chambers Y Channell 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 Y Heckstall Y Hembree Y Henson Y Hill, C Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 157, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 596. By Senators Shafer of the 48th, Cagle of the 49th, Carter of the 13th, Kemp of the 46th, Whitehead, Sr. of the 24th and others: A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to provide a short title; to provide legislative intent and findings; to provide definitions; to create the Newborn Umbilical Cord Blood Bank for postnatal tissue and fluid; to provide for donations and information concerning donations; to provide for certain procedures and costs and fees associated with such bank; to provide for the creation of the Georgia Commission for the Newborn Umbilical Cord Blood Initiative and the membership, appointment, terms of office, and duties of such commission; to provide for certain funding mechanisms; to prohibit human cloning; to provide for civil and criminal penalties; to provide for related matters; to amend Article 3 of Chapter 7 of Title 48 of the O.C.G.A., 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 an effective date and for applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide a short title; to provide legislative intent and findings; to provide definitions; to create the Newborn Umbilical Cord Blood Bank for postnatal tissue and fluid; to provide for donations and information concerning donations; to provide for the creation of the Georgia Commission for the Newborn Umbilical Cord Blood Initiative and the membership, appointment, terms of office, and duties of such commission; to provide for 6216 JOURNAL OF THE HOUSE certain funding mechanisms; 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 an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Delivering the Cure: Newborn Umbilical Cord Blood Initiative Act." This Act may also be known and cited as "Keone's Law." SECTION 2. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new Chapter 46 to read as follows: "CHAPTER 46 31-46-1. The General Assembly finds and declares that: (1) Over 100 million Americans and two billion other humans worldwide suffer from diseases that may eventually be treated more effectively or even cured with stem cells; (2) Stem cell research has been hampered by the controversy over embryonic stem cells; (3) Stem cells are not found only in embryos; (4) The umbilical cord, placenta, and amniotic fluid are rich in stem cells which may be used for scientific research and medical treatment without destroying embryos; (5) Stem cell research using stem cells from postnatal tissue and fluid has already resulted in treatments for anemia, leukemia, lymphoma, lupus, multiple sclerosis, rheumatoid arthritis, sickle cell disease, spinal cord injury, and Crohn's disease; (6) Stem cell therapies using stem cells from postnatal tissue and fluid are being studied for diseases as wide-ranging and diverse as corneal degeneration, heart disease, stroke, Parkinson's disease, and Alzheimer's disease; and (7) It shall be the public policy of this state to encourage the donation, collection, and storage of stem cells collected from postnatal tissue and fluid and to make such stem cells available for both scientific research and medical treatment. It shall be the public policy of this state to encourage ethical research in life science and regenerative medicine. 31-46-2. As used in this chapter, the term: THURSDAY, MARCH 30, 2006 6217 (1) 'Amniotic fluid' means the fluid inside the amnion. (2) 'Nonembryonic stem cell research' means medical research involving stem cells that have not been derived from a human embryo or fetus; and for this purpose the single-celled stage of development shall be included as an embryo. (3) 'Placenta' means the organ that forms on the inner wall of the human uterus during pregnancy. (4) 'Postnatal tissue and fluid' means the placenta, umbilical cord, and amniotic fluid expelled or extracted in connection with the birth of a human being. (5) 'Stem cells' means unspecialized or undifferentiated cells that can self-replicate and have the potential to differentiate into specialized cell types. (6) 'Umbilical cord' means the gelatinous tissue and blood vessels connecting an unborn human being to the placenta. 31-46-3. (a) Not later than June 30, 2007, the Georgia Commission for the Newborn Umbilical Cord Blood Initiative, as created in Code Section 31-46-4, shall establish a network of postnatal tissue and fluid banks in partnership with one or more public or private colleges or universities, public or private hospitals, nonprofit organizations, or private firms in this state for the purpose of collecting and storing postnatal tissue and fluid. The bank network, which shall be known as the Newborn Umbilical Cord Blood Bank, shall make such tissue and fluid available for scientific research and medical treatment in accordance with this chapter. Any person giving birth to a child in Georgia may contribute postnatal tissue and fluid to the Newborn Umbilical Cord Blood Bank. (b) The Georgia Commission for the Newborn Umbilical Cord Blood Initiative shall develop a program to educate pregnant patients with respect to the banking of postnatal tissue and fluid. The program shall include: (1) An explanation of the difference between public and private banking programs; (2) The medical process involved in the collection and storage of postnatal tissue and fluid; (3) The current and potential future medical uses of stored postnatal tissue and fluid; (4) The benefits and risks involved in the banking of postnatal tissue and fluid; and (5) The availability and cost of storing postnatal tissue and fluid in public and private umbilical cord blood banks. 31-46-4. (a) There is created the Georgia Commission for the Newborn Umbilical Cord Blood Initiative which shall consist of 15 members appointed as provided in this Code section. (b) Seven members shall be appointed by the Governor, one of whom shall be a representative of a public college, university, or medical school. The Governor shall appoint four members to serve initial terms of three years and three members to serve initial terms of two years. Thereafter, successors to such initial appointees shall serve terms of three years. The Governor shall designate one of the persons so appointed to be the chairperson of the commission. If the chief executive officer of the Georgia 6218 JOURNAL OF THE HOUSE Research Alliance is not appointed by the Governor or any other appointing authority to serve on the commission, he or she shall serve as an advisory member. (c) Four members shall be appointed by the Lieutenant Governor or, if the Lieutenant Governor belongs to a political party other than the political party to which a majority of the members of the Senate belong, by the Senate Committee on Assignments. Of these four members, there shall be at least one of each of the following: a physician licensed to practice medicine in this state; a recognized medical ethicist with an accredited degree in medicine, medical ethics, or theology; a scientific researcher in stem cell research; and an attorney with experience in public health or biotechnology law. The Lieutenant Governor or Senate Committee on Assignments shall appoint two members to serve initial terms of three years and two members to serve initial terms of two years. Thereafter, successors to such initial appointees shall serve terms of three years. (d) Four members shall be appointed by the Speaker of the House of Representatives. Of these four members, there shall be at least one of each of the following: a physician licensed to practice medicine in this state; a recognized medical ethicist with an accredited degree in medicine, medical ethics, or theology; a scientific researcher in stem cell research; and an attorney with experience in public health or biotechnology law. The Speaker of the House of Representatives shall appoint two members to serve initial terms of three years and two members to serve initial terms of two years. Thereafter, successors to such initial appointees shall serve terms of three years. (e) Members of the commission shall be eligible to succeed themselves. The initial terms of office shall begin on July 1, 2006. Appointments shall be made by the respective appointing authorities no later than June 15, 2006. Thereafter, appointments of successors shall be made by the respective appointing authority no later than June 1 of the year in which the member's term of office expires. Vacancies shall be filled for the unexpired term by the respective appointing authority. (f) The commission shall meet at least four times per year at the call of the chairperson or upon the request of at least seven of its members. (g) The commission shall have the following duties and responsibilities: (1) To investigate the implementation of this chapter and to recommend any improvements to the General Assembly; (2) To make available to the public the records of all meetings of the commission and of all business transacted by the commission; (3) To oversee the operations of the Newborn Umbilical Cord Blood Bank established in Code Section 31-46-3, including approving all fees established to cover administration, collection, and storage costs; (4) To undertake the Newborn Umbilical Cord Blood Initiative by promoting awareness of the Newborn Umbilical Cord Blood Bank and encouraging donation of postnatal tissue and fluid to the bank; (5) To ensure the privacy of persons who donate umbilical cord blood and placental tissue to the Newborn Umbilical Cord Blood Bank pursuant to subsection (a) of Code Section 31-46-3 consistent with applicable federal guidelines; THURSDAY, MARCH 30, 2006 6219 (6) To develop a plan for making postnatal tissue and fluid collected under the Newborn Umbilical Cord Blood Initiative available for scientific research and medical treatment and to ensure compliance with all relevant national practice and quality standards relating to such use; (7) To develop a plan for private storage of postnatal tissue and fluid for medical treatment or to make potential donors aware of private storage options for said tissue and fluid as deemed in the public interest; (8) To participate in the National Cord Blood Program and to register postnatal tissue and fluid collected with registries operating in connection with the program; (9) To employ such staff and to enter into such contracts as may be necessary to fulfill its duties and responsibilities under this chapter subject to funding by the General Assembly; and (10) To report annually to the General Assembly in December of each year concerning the activities of the commission with recommendations for any legislative changes or funding necessary or desirable to fulfill the goals of this chapter. (h) The commission shall provide for protection from disclosure of the identity of persons making donations to the Newborn Umbilical Cord Blood Bank pursuant to subsection (a) of Code Section 31-46-3. (i) The commission may request additional funding from any additional source including, but not limited to, federal and private grants. (j) The commission may establish a separate not for profit organization or foundation for the purposes of supporting the Newborn Umbilical Cord Blood Bank established pursuant to Code Section 31-46-3." 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 48-7-63 to read as follows: "48-7-63. (a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2006, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to nonembryonic stem cell research through the Georgia Commission for the Newborn Umbilical Cord Blood Initiative by donating either 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 taxpayer's payment. The instructions accompanying the income tax return form shall contain a description of the purposes for which the commission 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 commission may designate such contribution as provided in this Code section on the appropriate income tax return form. 6220 JOURNAL OF THE HOUSE (b) The Department of Revenue shall determine annually the total amount so contributed and shall transmit such amount to the Georgia Commission for the Newborn Umbilical Cord Blood Initiative." SECTION 4. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 3 of this Act shall apply to all taxable years beginning on and after January 1, 2006. 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: E Abdul-Salaam Y Amerson 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 Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Cheokas Y Coan Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Dodson Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson 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 Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson 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 Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar 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 Parham Y Parrish Y Parsons Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Sheldon Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Smith, P Y Smith, R Y Smith, T Y Smith, V E 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 Willard Y Williams, A THURSDAY, MARCH 30, 2006 6221 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 Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 152, 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. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1157. By Representatives Burkhalter of the 50th, Richardson of the 19th, Keen of the 179th and Fleming of the 117th: 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 change certain provisions regarding income tax credits for employers providing approved retraining programs; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 1157 The Committee of Conference on HB 1157 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1157 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Don Balfour Senator, 9th District /s/ Mark Burkhalter Representative, 50th District 6222 JOURNAL OF THE HOUSE /s/ Mitch Seabaugh Senator, 28th District /s/ Larry O'Neal Representative, 146th District /s/ Tolleson Senator, 20th District /s/ Jeff Lewis Representative, 15th District A BILL To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding income tax credits for employers providing approved retraining programs; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to change certain provisions regarding the limited duration sales and use tax exemption for jet fuel sold to or used by certain qualifying airlines; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-7-40.5, relating to tax credits for employers providing approved retraining programs, and inserting in its place a new Code Section 48-7-40.5 to read as follows: "48-7-40.5. (a) As used in this Code section, the term: (1) 'Approved retraining' means employer provided or employer sponsored retraining that meets the following conditions: (A) It enhances the functional skills of employees otherwise unable to function effectively on the job due to skill deficiencies or who would otherwise be displaced because such skill deficiencies would inhibit their utilization of new technology; (B) It is approved and certified by the Department of Technical and Adult Education; and (C) The employer does not require the employee to make any payment for the retraining, either directly or indirectly through use of forfeiture of leave time, vacation time, or other compensable time. (2) 'Cost of retraining' means direct instructional costs as defined by the Department of Technical and Adult Education including instructor salaries, materials, supplies, and textbooks but specifically excluding costs associated with renting or otherwise securing space. (3) 'Employee' means any employee resident in this state who is employed for at least 25 hours a week, who has been continuously employed by the employer for at least 16 consecutive weeks. THURSDAY, MARCH 30, 2006 6223 (4) 'Employer' means any employer upon whom an income tax is imposed by this chapter. (5) 'Employer provided' refers to approved retraining offered on the premises of the employer or on premises approved by the Department of Technical and Adult Education by instructors hired by or employed by an employer. (6) 'Employer sponsored' refers to a contractual arrangement with a school, university, college, or other instructional facility which offers approved retraining that is paid for by the employer. (7) 'Qualifying airline' means any employer 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. (b) A tax credit shall be granted to an employer who provides or sponsors an approved retraining program. The amount of the tax credit shall be equal to one-half of the costs of retraining per full-time employee, or $500.00 per full-time employee, whichever is less, for each employee who has successfully completed an approved retraining program. No employer may receive a credit if the employer requires that the employee reimburse or pay the employer for the cost of retraining. (c)(1) Except as provided in paragraph (2) of this subsection, any Any tax credit claimed under this Code section for any taxable year beginning on or after January 1, 1998, but not used for any such taxable year may be carried forward for ten years from the close of the taxable year in which the tax credit was granted. The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to this Code section. (2) With respect to a qualifying airline any tax credit claimed under this Code section for any taxable year beginning on or after January 1, 1998, but not used for any such taxable year may be carried forward for 15 years from the close of the taxable year in which the tax credit was granted. The tax credit granted to any qualifying airline pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to this Code section. (d) To be eligible to claim the credit granted under this Code section, the employer must certify to the department the name of the employee, the course work successfully completed by such employee, the name of the provider of the approved retraining, and such other information as may be required by the department to ensure that credits are only granted to employers who provide or sponsor approved retraining pursuant to this Code section and that such credits are only granted to employers with respect to employees who successfully complete such approved retraining. The department shall adopt rules and regulations and forms to implement this credit program. The department is expressly authorized and directed to work with the Department of Technical and Adult Education to ensure the proper granting of credits pursuant to this Code section. 6224 JOURNAL OF THE HOUSE (e) The Department of Technical and Adult Education is expressly authorized and directed to establish such standards as it deems necessary and convenient in approving employer provided and employer sponsored retraining programs. In establishing such standards, the Department of Technical and Adult Education shall establish required hours of classroom instruction, required courses, certification of teachers or instructors, progressive levels of instruction, and standardized measures of employee evaluation to determine successful completion of a course of study. (f) In the case of a qualifying airline: (1) Any tax credits with respect to retraining approved by the Department of Technical and Adult Education on or before June 30, 1999, which have been claimed for a taxable year ending on or before December 31, 1999, and which are available to be carried forward to a taxable year ending after December 31, 1999, may be taken as a credit against a qualifying airline's quarterly or monthly payment required to be made under Code Section 48-7-103 on or after January 1, 2006. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayer's election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. Nothing in this subsection shall be construed to allow a credit to be utilized beyond the 15-year period during which a credit may be carried forward under paragraph (2) of subsection (c) of this Code section; and (2) Each employee whose employer receives credit against such qualifying airline's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. (g) The commissioner shall promulgate such rules and regulations as are necessary to implement and administer this Code section." SECTION 2. Said title is further amended in Code Section 48-8-3, relating to exemptions from sales and use taxation, by striking paragraph (33.1) and inserting in its place a new paragraph (33.1) to read as follows: "(33.1)(A) The sale or use of jet fuel to or by a qualifying airline, to the extent provided in subparagraphs (B) and (C) of this paragraph. (B)(i)(I) For each fiscal year beginning after June 30, 2005, and ending prior to July 1, 2006,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 THURSDAY, MARCH 30, 2006 6225 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. (i)(II) For each fiscal year beginning after June 30, 2006, each qualifying airline shall pay the first $10 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 exemptions 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 $10 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 3. This Act shall become effective July 1, 2006. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. 6226 JOURNAL OF THE HOUSE Representative Burkhalter of the 50th moved that the House adopt the report of the Committee of Conference on HB 1157. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson 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 Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Carter Y Casas Chambers Y Channell 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 Everson 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 Y Heckstall Y Hembree Henson Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard, E 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 Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y 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 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 Y Smith, L Smith, P Y Smith, R Y Smith, T 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 Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 155, nays 0. The motion prevailed. Representative Hill of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. THURSDAY, MARCH 30, 2006 6227 The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1380. By Representatives Graves of the 12th, McCall of the 30th, Roberts of the 154th, Ray of the 136th, Black of the 174th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to redefine a term; to provide certain exemptions from laws relating to adulteration and misbranding of food; to provide certain exemptions from laws relating to food service establishments; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to redefine a term; to provide certain exemptions from laws relating to adulteration and misbranding of food; to regulate certain advertising of shelled pecans for sale; to change certain provisions relating to promulgation of rules, regulations, and standards by the Department of Human Resources and county boards of health relative to food service establishments; to provide certain exemptions from laws relating to food service establishments; to regulate the preparation, marketing, sale, and serving of Halal foods; to provide punishment for violations; to define certain terms; 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 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, is amended in Code Section 26-2-21, relating to definitions relative to said article, by striking paragraph (5) of subsection (a), and inserting in lieu thereof the following: "(5) 'Food sales establishment' means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food processing plants which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores or roadside stands; wholesale sandwich and salad manufacturers, including vending machines and operations connected therewith; and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises; provided, however, that such term shall 6228 JOURNAL OF THE HOUSE not include roadside stands where farm or garden produce is sold. Within a food sales establishment, there may be a food service component, not separately operated, which may serve customers on site. This food service component shall be considered as part of the food sales establishment. The food sales component of any food service establishment defined in Code Section 26-2-370 shall not be included in this definition. This term shall not include 'food service establishments' as defined in Code Section 26-2-370. This term also shall not include establishments engaged in the sale of food primarily for consumption off the premises if such sale is an authorized part of and occurs upon the site of a fair or festival which: (A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2; (B) Lasts 120 hours or less; and (C) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted." SECTION 2. Said article is further amended by adding a new Code section to read as follows: "26-2-25.1. The provisions of Code Section 26-2-25 shall not apply to any: (1) Person not regularly engaged in the business of manufacturing and selling food and who prepares food only on order of and for sale directly to the ultimate consumer; (2) Educational, charitable, or religious organization not regularly engaged in the business of manufacturing, processing, or selling food; (3) Individual who prepares and sells food that is not potentially hazardous food at a community event or farmers market, other than a state farmers market, with gross receipts of $5,000.00 or less in a calendar year from all goods sold at retail, including but not limited to the prepared food items, subject to the following requirements: (A) The seller shall display prominently at the point of sale a clearly legible sign or placard stating, 'These products are homemade and not subject to state inspection,' unless the food items were prepared in a kitchen that is licensed and inspected; and (B) Prepared foods sold under this paragraph shall be labeled to accurately reflect the name and address of the person preparing and selling the foods; or (4) Person who receives less than $5,000.00 in gross receipts in a calendar year from all goods sold at retail, including but not limited to the sale of home-processed and home-canned food products, if: (A) The products are: (i) Pickles, vegetables, or fruits; (ii) Products such as cakes, fruit pies, breads, rolls, jams, jellies, and honey; or (iii) Home-processed and home-canned in this state; (B) The products are sold or offered for sale at a community or social event or a farmers market in this state, other than a state farmers market; THURSDAY, MARCH 30, 2006 6229 (C) The seller displays prominently at the point of sale a clearly legible sign or placard stating, 'These products are homemade and not subject to state inspection,' unless the products were processed and canned in a kitchen that is licensed and inspected; (D) Each container of the product sold or offered for sale under this paragraph is accurately labeled to provide the name and address of the person who processed and canned the goods and the date on which the goods were processed and canned; and (E) The products are not potentially hazardous foods." SECTION 3. Said article is further amended by adding a new Code section to read as follows: "26-2-32.1. (a) It shall be unlawful for any person or firm to advertise for sale any shelled pecans that are less than whole on any outdoor advertising as such term is defined in Code Section 32-6-71 unless such outdoor advertising states, in letters at least one-half as tall and bold as the tallest and boldest type on the outdoor advertising, the size category of shelled pecan materials being offered for sale, such as but not limited to pecan halves, pieces, granules, meal, or any combination thereof. (b) Violation of subsection (a) of this Code section shall constitute dissemination of a false advertisement for purposes of Code Section 26-2-22. Each day that an outdoor advertisement does not conform to the requirements of subsection (a) of this Code section shall constitute a separate offense." SECTION 4. Said Chapter 2 of Title 26, relating to standard, labeling, and adulteration of food, is further amended by inserting a new Article 11A to read as follows: "ARTICLE 11A 26-2-340. As used in this article, the term: (1) 'Food' means any meat, meat preparation, articles of food, or food products, either raw or prepared for human consumption, and whether to be consumed on the premises where prepared or sold or whether to be taken elsewhere for consumption. (2) 'Halal food' means food or drink which is permitted for Muslims under Islamic religious or dietary laws, including those laws and customs of zabiha (slaughtered according to Islamic code). (3) 'Label' means a display of written, printed, or graphic matter on a food product or container or packaging of a food product. (4) 'Meat' includes without limitation chicken. (5) 'Person' means any hotel, inn, grocery, butcher shop, restaurant keeper, or any individual, firm, or corporation operating a boarding house, eating house, lunchroom business, or catering business. 6230 JOURNAL OF THE HOUSE 26-2-341. (a) No person, with intent to defraud, shall sell, prepare, or expose for sale food which such person falsely represents to be Halal food. (b) No person shall falsely represent any food or the contents of any package or container to be Halal by having or permitting to be inscribed on it, in any language, the word 'Halal.' (c) Nothing contained in this Code section shall prohibit the use of the words 'Halal type' or 'Halal style food' in advertising. 26-2-342. No person, with intent to defraud, shall display any signs around his or her place of business or place any advertisements in any newspaper, magazine, periodical, or other publication, which signs or advertisements falsely represent non-Halal food sold, prepared, or offered for sale to be Halal food. 26-2-343. No person preparing or serving food shall prepare, sell, serve, or prepare for sale, either to be consumed on the premises or elsewhere, Halal and non-Halal food in the same place of business, unless such person: (1) Keeps separate kitchens where the food is prepared; (2) Keeps and uses separate and distinctly labeled or marked dishes and utensils in and with which the food is prepared and served; (3) Indicates on all signs and similar display advertising in, on, or about such person's premises, in block letters at least four inches in height, 'Halal and non-Halal food prepared or served here'; and (4) Stores, displays, and packs Halal food separately from non-Halal food. 26-2-344. The trier of fact may it in its discretion infer that possession of non-Halal food in any place of business advertising that the only food sold or offered for sale therein is Halal food constitutes intent to defraud under Code Section 26-2-341 or 26-2-342. 26-2-345. Any person who violates any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $25.00 nor more than $500.00, or by imprisonment for not less than 30 days nor more than six months, or both. SECTION 5. Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, is amended in Code Section 26-2-373 of the Official Code of Georgia Annotated, relating to promulgation of rules, regulations, and standards by the THURSDAY, MARCH 30, 2006 6231 Department of Human Resources and county boards of health relative to food service establishments, by striking subsection (a) and inserting in lieu thereof the following: "(a) For the purpose of protecting the public health, the Department of Human Resources shall have the power to adopt and promulgate such rules and regulations as it deems necessary and proper to carry out the purpose and intent of this article, including the establishment of reasonable standards of sanitation for food service establishments and such establishments which are also retail frozen dessert packagers and the examination and condemnation of unwholesome food therein. The Department of Human Resources shall promulgate rules and regulations for posting the uniform inspection report and current grade in each food service establishment in a prominent area of the interior of the food service establishment other than windows and doors. County boards of health are authorized to adopt and promulgate supplementary rules and regulations, including the establishment of reasonable standards of sanitation for food service establishments, consistent with those adopted and promulgated by the department. The department and the county boards of health may obtain technical and laboratory assistance from the Department of Agriculture." SECTION 6. Said article is further amended by adding a new Code section to read as follows: "26-2-379. This article shall not apply to any: (1) Person not regularly engaged in the business of manufacturing and selling food and who prepares food only on order of and for sale directly to the ultimate consumer; (2) Educational, charitable, or religious organization not regularly engaged in the business of manufacturing, processing, or selling food; (3) Individual who prepares and sells food that is not potentially hazardous food at a community event or farmers market, other than a state farmers market, with gross receipts of $5,000.00 or less in a calendar year from all goods sold at retail, including but not limited to the prepared food items, subject to the following requirements: (A) The seller shall display prominently at the point of sale a clearly legible sign or placard stating, 'These products are homemade and not subject to state inspection,' unless the food items were prepared in a kitchen that is licensed and inspected; and (B) Prepared foods sold under this paragraph shall be labeled to accurately reflect the name and address of the person preparing and selling the foods; or (4) Person who receives less than $5,000.00 in gross receipts in a calendar year from all goods sold at retail, including but not limited to the sale of home-processed and home-canned food products, if: (A) The products are: (i) Pickles, vegetables, or fruits; (ii) Products such as cakes, fruit pies, breads, rolls, jams, jellies, and honey; or (iii) Home-processed and home-canned in this state; (B) The products are sold or offered for sale at a community or social event or a farmers market in this state, other than a state farmers market; 6232 JOURNAL OF THE HOUSE (C) The seller displays prominently at the point of sale a clearly legible sign or placard stating, 'These products are homemade and not subject to state inspection,' unless the products were processed and canned in a kitchen that is licensed and inspected; (D) Each container of the product sold or offered for sale under this paragraph is accurately labeled to provide the name and address of the person who processed and canned the goods and the date on which the goods were processed and canned; and (E) The products are not potentially hazardous foods." SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Mills of the 25th et al. move to amend the Senate substitute to HB 1380 as follows: On page 3, strike lines 26 through line 8 on page 5, and renumber accordingly. Representative Graves of the 12th moved that the House agree to the Senate substitute, as amended by the House, to HB 1380. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown Bruce N Bryant N Buckner, D Y Crawford N Cummings Y Davis Y Day N Dean Y Dickson Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Hill, C.A N Holmes Y Holt Y Horne Houston Y Howard, E Y Hudson N Hugley N Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Jordan Y Keen Y Martin Y Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Morris Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Y Oliver O'Neal N Sailor Y Scheid Y Scott, A Y Scott, M 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 Smith, V Y Smyre N Stanley-Turner Y Stephens THURSDAY, MARCH 30, 2006 6233 N Buckner, G Burkhalter Y Burmeister Y Burns Butler Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Cooper Y Cox Y Franklin Y Freeman Gardner Y Geisinger Golick Y Graves, D Y Graves, T Greene N Hanner Y Harbin Y Hatfield Heard, J N Heard, K Heckstall Y Hembree Henson Y Hill, C Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin N Orrock 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 Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Warren N Watson Y Wilkinson Willard Y Williams, A N Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 119, nays 28. The motion prevailed. The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon: SB 238. By Senators Hill of the 32nd and Smith of the 52nd: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for immunity from civil liability for nonprofit organizations and individuals that financially sponsor charitable fundraising events; to provide for an exception; to repeal conflicting laws; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON SB 238 The Committee of Conference on SB 238 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 238 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: 6234 JOURNAL OF THE HOUSE /s/ Judson H. Hill Senator, 32nd District /s/ David Ralston Representative, 7th District /s/ Cecil Staton Senator, 18th District /s/ Steve Tumlin, Jr. Representative, 38th District /s/ Ronnie Chance Senator, 16th District /s/ Lunsford Representative, 110th District A BILL To amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for immunity from civil liability for individuals and entities that financially sponsor certain charitable fundraising events; 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 effective dates and applicability; 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 of Chapter 1 a new Code Section 51-1-52 to read as follows: "51-1-52. If any individual, cooperative, corporation, club, association, or organization, or director, trustee, or member of the governing body of any such cooperative, corporation, club, association, or organization, supplies only financial sponsorship or financial support for a charitable fundraising event of another entity and the provider of such financial sponsorship or financial support is not, in any way, involved in the management, organization, planning, or execution of such event, then such individual, cooperative, corporation, club, association, organization, director, trustee, or member shall not be liable for any personal injury or damage to property arising from such charitable fundraising event. However, if such financial sponsorship or financial support constitutes willful, wanton, or gross negligence, then such immunity from suit shall not attach. As used in this Code section, the term 'financial sponsorship' or 'financial support' means only the provision of monetary support and shall not include THURSDAY, MARCH 30, 2006 6235 donations of event locations, products, foods, beverages, labor, or any other nonmonetary contributions." SECTION 2. Said title is further amended by inserting at the end thereof a new Chapter 15 to read as follows: "CHAPTER 15 51-15-1. The General Assembly finds that the number of asbestos related claims has increased significantly in recent years and threatens the continued viability of a number of uniquely situated companies that have not ever manufactured, sold, or distributed asbestos or asbestos products and are liable only as successor corporations. This liability has created an overpowering public necessity to provide an immediate, remedial, legislative solution. The General Assembly intends that the cumulative recovery by all asbestos claimants from innocent successors be limited, and intends to simply change the form of asbestos claimants remedies without impairing their substantive rights, and finds that there are no alternative means to meet this public necessity. The General Assembly further finds the public interest as a whole is best served by providing relief to these innocent successors so that they may remain viable and continue to contribute to this state. 51-15-2. As used in this chapter, the term: (1) 'Asbestos claim' means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, 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; (B) Any claim made by or on behalf of an exposed person or based on that exposed person's exposure to asbestos, including a representative, spouse, parent, child, or other relative of the exposed person; and (C) Any claim for damage or loss caused by the installation, presence, or removal of asbestos. (2) 'Corporation' means a corporation for profit, including a domestic corporation organized under the laws of this state, or a foreign corporation organized under laws other than the laws of this state. 6236 JOURNAL OF THE HOUSE (3) 'Successor' means a corporation that assumes or incurs, or has assumed or incurred, successor asbestos related liabilities. (4) 'Successor asbestos related liabilities' means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, which are related in any way to asbestos claims and were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation, with or into another corporation, or which are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. The term includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under Code Section 51-15-4, were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this state or another jurisdiction. (5) 'Transferor' means a corporation from which successor asbestos related liabilities are or were assumed or incurred. 51-15-3. (a) The limitations contained in Code Section 51-15-4 apply to a corporation that is a successor and became a successor before January 1, 1972, or is any of that successor corporation's successor's corporation. (b) The limitations contained in Code Section 51-15-4 do not apply to: (1) Workers compensation laws 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 or a comparable workers compensation law of another jurisdiction; (2) Any claim against a corporation that does not constitute a successor asbestos related liability; (3) An insurance corporation; (4) Any obligations under the federal National Labor Relations Act or under any collective bargaining agreement; or (5) A successor that, after a merger or consolidation, continued in the business of mining asbestos, in the business of selling or distributing asbestos fibers, or in the business of manufacturing, distributing, removing, or installing asbestos-containing products that were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor. 51-15-4. (a) Except as further limited in subsection (b) of this Code section, the cumulative successor asbestos related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or THURSDAY, MARCH 30, 2006 6237 consolidation. The corporation does not have any responsibility for successor asbestos related liabilities in excess of this limitation. (b) If the transferor had assumed or incurred successor asbestos related liabilities in connection with a prior merger or consolidation with a prior transferor, the fair market value of the total assets of the prior transferor, determined as of the time of the earlier merger or consolidation, shall be substituted for the limitation set forth in subsection (a) of this Code section for the purpose of determining the limitation of liability of a corporation. 51-15-5. (a) A corporation may establish the fair market value of total gross assets for the purpose of the limitations under Code Section 51-15-4 through any method reasonable under the circumstances, including: (1) By reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arm's length transaction; or (2) In the absence of other readily available information from which fair market value can be determined, by reference to the value of the assets recorded on a balance sheet. (b) Total gross assets include intangible assets. (c) Total gross assets include the aggregate coverage under any applicable liability insurance that was issued to the transferor whose assets are being valued for purposes of this Code section, which insurance has been collected or is collectible to cover successor asbestos related liabilities except compensation for liabilities arising from workers exposure to asbestos solely during the course of their employment by the transferor. 51-15-6. (a) Except as provided in subsections (b), (c), and (d) of this Code section, the fair market value of total gross assets at the time of a merger or consolidation shall increase annually at a rate equal to the sum of: (1) The prime rate as published by the Board of Governors of the Federal Reserve System, as published in statistical release H. 15 or any publication that may supersede it, for each calendar year since the merger or consolidation; and (2) One percent. (b) The rate provide in subsection (a) of this Code section shall not be compounded. (c) The adjustment of fair market value of total gross assets shall continue as provided under subsection (a) of this Code section until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos related liabilities paid or committed to be paid by or on behalf of the corporation or a predecessor, or by or on behalf of a transferor, after the time of the merger or consolidation for which the fair market value of total gross assets is determined. (d) No adjustment of the fair market value of total gross assets shall be applied to any liability insurance otherwise included in the definition of total gross assets by subsection (c) of Code Section 51-15-5. 6238 JOURNAL OF THE HOUSE 51-15-7. The courts in this state shall apply, to the fullest extent permissible under the United States Constitution, this state's substantive law, including the limitation under this chapter, to the issue of successor asbestos related liabilities. This chapter shall be construed liberally to accomplish its remedial purposes." SECTION 3. (a) This section and Sections 1 and 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to any cause of action arising on or after the effective date of this Act. (b) 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 any civil action asserting an asbestos claim filed on or after December 31, 2006. SECTION 4. 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 238. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Amerson Anderson Y Ashe Y Barnard Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown Bruce N Bryant Y Buckner, D N Buckner, G Burkhalter Y 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 Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 Hill, C.A N Holmes Y Holt Y Horne Y Houston Y Howard, E Hudson Y Hugley N Jackson Y Jacobs Y James Y Jamieson Y Jenkins 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 Martin Maxwell Y May Y McCall McClinton Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Orrock Parham Y Parrish 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 Y Smith, B Y Smith, L Smith, P Y Smith, R Y Smith, T Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Warren THURSDAY, MARCH 30, 2006 6239 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Cooper Y Cox Y Hanner Harbin Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Ray Y Reece, B Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 142, nays 8. The motion prevailed. Representative Maxwell of the 17th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has agreed to the House substitute to the following bill of the Senate: SB 588. By Senators Rogers of the 21st, Shafer of the 48th, Staton of the 18th and Hill of the 32nd: 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, relating to fair business practices, so as to prohibit the use or display of social security numbers except in specified circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House amendment to the following bill of the Senate: SB 334. By Senators Zamarripa of the 36th, Reed of the 35th, Tate of the 38th and Fort of the 39th: A BILL to be entitled an Act to amend the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 20, 1998 (Ga. L. 1998, p. 4493), so as to change criteria for the designation of urban enterprise zones; to repeal conflicting laws; and for other purposes. 6240 JOURNAL OF THE HOUSE The Senate recedes from its amendment to the following bill of the House: HB 343. By Representatives Borders of the 175th, Black of the 174th, Shaw of the 176th and Houston of the 170th: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Valdosta State University's Peach State Summer Theatre as Georgia's Official Musical Theatre; to repeal conflicting laws; and for other purposes. The Senate recedes from its substitute to the following bill of the House: HB 1259. By Representatives Hill of the 21st, Burmeister of the 119th, Day of the 163rd and Ralston of the 7th: A BILL to be entitled an Act to amend Chapter 38 of Title 43 of the O.C.G.A., relating to private detectives and security agencies, so as to revise a definition; to revise the licensing process for private detectives and private security officers; to permit one or more individuals to qualify to hold the license for an individual, firm, association, company, partnership, limited liability company, or corporation; to provide the board with authority to promulgate rules to ensure that individuals are capable of assuming full responsibility for operations of the particular individual, firm, association, company, partnership, limited liability company, or corporation; to revise the provisions for issuing permits for carrying firearms for certain private detectives and private security officers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Senate has adopted the report of the Committee of Conference on the following bill of the House: HB 1053. By Representatives Mills of the 25th, Rice of the 51st, Ehrhart of the 36th, Keen of the 179th, Fleming of the 117th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the national motto, "In God We Trust"; to provide for a portion of the revenue to go to the Boy Scouts of America; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers THURSDAY, MARCH 30, 2006 6241 relative to such special license plates; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitute to the following resolution of the Senate: SR 282. By Senator Bulloch of the 11th: A RESOLUTION dedicating the John Lee Drake, Sr., 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: SB 503. By Senators Hamrick of the 30th and Hill of the 4th: A BILL to be entitled an Act to amend Chapter 21A of Title 15, Title 17, and Code Section 42-8-34.1 of the O.C.G.A., relating respectively to judicial accounting, criminal procedure, and to legal defense for indigents, requirements for revocation of probated or suspended sentence, so as to change certain provisions relating to the Georgia Public Defender Standards Council and the provision of legal services to indigent persons; to clarify that the application fee for indigent defense services is not a prerequisite to obtaining legal services; to specify the types of standards that shall be submitted to the General Oversight Committee for the Georgia Public Defender Standards Council; to change certain provisions relating to the budget for the Office of the Georgia Capital Defender; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 572. By Senators Goggans of the 7th, Stephens of the 27th, Williams of the 19th, Douglas of the 17th, Pearson of the 51st and others: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to establish and define a crime of medical assistance managed care fraud; to change certain provisions relating to administrative hearings and appeals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 941. By Representatives Benton of the 31st, England of the 108th, Bearden of the 68th, Mosley of the 178th, Maddox of the 172nd and others: 6242 JOURNAL OF THE HOUSE 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. HB 1257. By Representatives Knox of the 24th, Maxwell of the 17th, Meadows of the 5th and Watson of the 91st: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt certain change of address filings by agents, subagents, counselors, and adjusters from a fee; to provide for certain qualifications for a counselor's license; to provide for the maintenance by the Commissioner of Insurance of the address of the place of business of agents, subagents, counselors, and adjusters; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitute to the following bill of the Senate: SB 455. By Senators Shafer of the 48th and Wiles of the 37th: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 16 of the O.C.G.A., relating to invasions of privacy, so as to define certain terms; to provide that it shall be illegal for a customer proprietary network information broker to obtain or release certain customer information; to provide for penalties; to provide for exceptions; to amend Code Section 43-38-11 of the O.C.G.A., relating to denial, revocation, or sanction of licenses and registrations, action by the Georgia Board of Private Detective and Security Agencies, and judicial review, so as to provide that it shall be grounds for such board to deny or revoke a license if the applicant has obtained certain customer information; to amend Chapter 5 of Title 46 of the O.C.G.A., relating to telephone and telegraph service, so as to define certain terms; to provide that no telecommunications company may release certain customer information; to provide for rules and regulations; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitute to the following resolution of the Senate: SR 1034. By Senator Goggans of the 7th: THURSDAY, MARCH 30, 2006 6243 A RESOLUTION celebrating the life of SGT Mathew Vincent Gibbs and dedicating the SGT Mathew Vincent Gibbs Memorial Bridge; 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 282. By Senators Williams of the 19th, Seabaugh of the 28th and Balfour of the 9th: A BILL to be entitled an Act to amend the O.C.G.A., and in particular Title 28, relating to the General Assembly, so as to recognize and accomplish certain changes in the organization of the legislative branch of government; to change provisions relating to the Legislative Services Committee, including provisions relating to the membership, powers and duties, and operations of the committee; to abolish the Legislative Budget Office and the position of legislative budget analyst; to change provisions relating to the Fiscal Affairs Subcommittees and their membership and meetings; to change provisions relative to the procedure for consideration of bills having a significant impact on state revenues or expenditures; to provide an effective date; to repeal conflicting laws; and for other purposes. By unanimous consent, further consideration of SB 282 was suspended until later in the legislative day. The following Resolutions of the House were read and adopted: HR 2322. By Representative Smyre of the 132nd: A RESOLUTION commending Corey Antonio Bankston on attaining the rank of Eagle Scout; and for other purposes. HR 2323. By Representatives Barnard of the 166th, Keen of the 179th, Richardson of the 19th, Bordeaux of the 162nd, Brooks of the 63rd and others: A RESOLUTION honoring and commending Homer M. "Buddy" DeLoach; and for other purposes. HR 2324. By Representative Smith of the 168th: A RESOLUTION honoring Mr. Vivian Deen; and for other purposes. HR 2325. By Representative Hatfield of the 177th: 6244 JOURNAL OF THE HOUSE A RESOLUTION expressing regret at the passing of Joseph L. Bunch; and for other purposes. HR 2326. By Representative Hatfield of the 177th: A RESOLUTION commending Dr. Pam Jackson on the occasion of her retirement from the Ware County School System; and for other purposes. HR 2327. By Representatives Mangham of the 94th, Brooks of the 63rd, Watson of the 91st and Sailor of the 93rd: A RESOLUTION commending Reverend Dr. Laresse Howell; and for other purposes. HR 2328. By Representative Hatfield of the 177th: A RESOLUTION expressing regret at the passing of Fred C. Douglas; and for other purposes. HR 2329. By Representatives Martin of the 47th and Burkhalter of the 50th: A RESOLUTION commending Chief Bill Bates of the City of Alpharetta Fire Department for his more than 35 years of service; and for other purposes. HR 2330. By Representative Smith of the 168th: A RESOLUTION commending Mr. Pete Hayes; and for other purposes. HR 2331. By Representatives Benfield of the 85th, Kidd of the 115th, Coleman of the 144th, Oliver of the 83rd and Bordeaux of the 162nd: A RESOLUTION remembering and honoring the life of Mr. Gene Mac Winburn; and for other purposes. HR 2332. By Representative Mangham of the 94th: A RESOLUTION commending Mary Greco; and for other purposes. HR 2333. By Representative Mangham of the 94th: A RESOLUTION commending Louella Millby; and for other purposes. THURSDAY, MARCH 30, 2006 6245 HR 2334. By Representative Mangham of the 94th: A RESOLUTION commending Lewis Jones; and for other purposes. HR 2335. By Representative Mangham of the 94th: A RESOLUTION commending Brianne Turgeon; and for other purposes. HR 2336. By Representative Mangham of the 94th: A RESOLUTION commending Elaine James; and for other purposes. HR 2337. By Representative Mangham of the 94th: A RESOLUTION commending Winona Archie; and for other purposes. HR 2338. By Representatives Mangham of the 94th, Stephenson of the 92nd, Mumford of the 95th and Sailor of the 93rd: A RESOLUTION commending Dr. Chuck Garner; and for other purposes. HR 2339. By Representatives Mangham of the 94th, Stephenson of the 92nd, Mumford of the 95th and Sailor of the 93rd: A RESOLUTION commending Chris Anglin; and for other purposes. HR 2340. By Representative Hatfield of the 177th: A RESOLUTION recognizing and commending Coach Rich McWorter for his contributions to Charlton County and athletics; and for other purposes. HR 2341. By Representative Hatfield of the 177th: A RESOLUTION remembering and honoring the life of Mrs. Alma Thrift Crawford; and for other purposes. HR 2342. By Representative Hatfield of the 177th: A RESOLUTION remembering and honoring the life of Rowell D. Nunn; and for other purposes. 6246 JOURNAL OF THE HOUSE HR 2343. By Representative Hatfield of the 177th: A RESOLUTION expressing regret at the passing of Lynette Highsmith Mundling; and for other purposes. HR 2344. By Representative Hatfield of the 177th: A RESOLUTION expressing regret at the passing of Thomas Clayton Gattis; and for other purposes. HR 2345. By Representative Hatfield of the 177th: A RESOLUTION expressing regret at the passing of Roy E. Clark, Sr.; and for other purposes. HR 2346. By Representative Hatfield of the 177th: A RESOLUTION remembering the late James Preston "Jimmy" Herrin and his contributions to the community of Waycross, Georgia; and for other purposes. HR 2347. By Representatives Holmes of the 61st, Marin of the 96th, Williams of the 165th, Howard, E. of the 121st, Fludd of the 66th and others: A RESOLUTION commending the Association for the Study of AfricanAmerican Life and History, Inc.; and for other purposes. HR 2348. By Representative Smith of the 168th: A RESOLUTION commending Mr. John P. DeLoach; and for other purposes. HR 2349. By Representative Smith of the 168th: A RESOLUTION commending Jordan C. Brummett on his service as a local legislation aide; and for other purposes. HR 2350. By Representative Mitchell of the 88th: A RESOLUTION commending the Saint Philip African Methodist Episcopal Church Choir Number One; and for other purposes. THURSDAY, MARCH 30, 2006 6247 HR 2351. By Representative Smith of the 113th: A RESOLUTION commending Michael Bofinger; and for other purposes. HR 2352. By Representative Hugley of the 133rd: A RESOLUTION commending Corey Antonio Bankston; and for other purposes. HR 2353. By Representative Hatfield of the 177th: A RESOLUTION remembering and honoring the life of Jimmy McDonald; and for other purposes. The following Bill of the Senate, having previously been read, was again taken up for consideration: SB 282. By Senators Williams of the 19th, Seabaugh of the 28th and Balfour of the 9th: A BILL to be entitled an Act to amend the O.C.G.A., and in particular Title 28, relating to the General Assembly, so as to recognize and accomplish certain changes in the organization of the legislative branch of government; to change provisions relating to the Legislative Services Committee, including provisions relating to the membership, powers and duties, and operations of the committee; to abolish the Legislative Budget Office and the position of legislative budget analyst; to change provisions relating to the Fiscal Affairs Subcommittees and their membership and meetings; to change provisions relative to the procedure for consideration of bills having a significant impact on state revenues or expenditures; 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 N Amerson N Anderson N Ashe N Barnard Barnes N Bearden N Beasley-Teague N Crawford N Cummings N Davis N Day N Dean N Dickson Dodson N Dollar N Hill, C.A Holmes N Holt N Horne N Houston N Howard, E N Hudson N Hugley N Martin N Maxwell N May N McCall McClinton N Meadows E Millar N Mills N Sailor N Scheid N Scott, A N Scott, M N Setzler N Shaw N Sheldon N Sims, C 6248 JOURNAL OF THE HOUSE N Benfield N Benton N Black N Bordeaux N Borders N Bridges N Brooks N Brown Bruce N Bryant N Buckner, D N Buckner, G N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter N Casas Chambers N Channell N Cheokas N Coan N Cole N Coleman, B N Coleman, T N Cooper N Cox N Drenner N Dukes N Ehrhart N England N Epps N Everson N Fleming N Floyd, H N Floyd, J N 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 Heckstall N Hembree N Henson N Hill, C N Jackson N Jacobs N James N Jamieson N Jenkins N Jennings N Johnson Jones, J N Jones, S N Jordan N Keen N Keown N Kidd N Knight N Knox Lakly N Lane, B N Lane, R N Lewis N Lindsey N Lord N Loudermilk Lucas N Lunsford N Maddox Mangham N Manning N Marin N 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 N Parham N Parrish N Parsons N Porter N Powell N Ralston N Randall N Ray N Reece, B N Reece, S N Reese N Rice N Roberts N Rogers N Royal N Rynders N Sims, F N 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 N Stephenson N Talton N Teilhet N Thomas, A.M N Thomas, B N Tumlin N Walker N Warren N Watson N Wilkinson Willard N Williams, A N Williams, E N Williams, R N Wix N Yates N Richardson, Speaker On the passage of the Bill, the ayes were 0, nays 165. The Bill, having failed to receive the requisite constitutional majority, was lost. Due to a mechanical malfunction, the vote of Representative Holmes of the 61st was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has agreed to the House substitutes to the following bills of the Senate: SB 552. By Senator Reed of the 35th: A BILL to be entitled an Act to incorporate the City of South Fulton in Fulton County; to provide for a charter for the City of South Fulton; to provide for incorporation, boundaries, and powers of the city; to provide for general THURSDAY, MARCH 30, 2006 6249 powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for severability; to repeal conflicting laws; and for other purposes. SB 553. By Senator Reed of the 35th: A BILL to be entitled an Act to incorporate the City of Chattahoochee Hill Country in Fulton County; to provide for a charter for the City of Chattahoochee Hill Country; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for severability; to repeal conflicting laws; and for other purposes. SB 637. By Senator Smith of the 52nd: A BILL to be entitled an Act to amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to "Joshua's Law," so as to change the membership of the Georgia Driver's Education Commission; to repeal Section 1 of an Act approved May 10, 2005 (Ga. L. 2005, p. 1461), so as to repeal a priority concerning a certain distribution of fines and forfeitures; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate has adopted the Committee of Conference Report #2 on the following bill of the House: 6250 JOURNAL OF THE HOUSE HB 1216. By Representatives Freeman of the 140th, Rice of the 51st, Porter of the 143rd, Talton of the 145th, Byrd of the 20th and others: 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 allow the use of properly equipped all-terrain vehicles by law enforcement agencies; to provide for related matters; to provide for 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 bills of the House: HB 1371. By Representatives Graves of the 137th, Carter of the 159th, Harbin of the 118th, Stephens of the 164th and Parrish of the 156th: 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 Pharmacy Audit Bill of Rights"; to provide for a short title; to set out a list of rights of pharmacies undergoing audits; to provide for an appeal process; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1372. By Representative Harbin of the 118th: A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefit plans, so as to provide for mechanisms for termination of coverage for nonpayment of premium; to provide for notification to employers; to provide for the introduction and consideration of bills impacting the state health benefit plans; 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 191. 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 for expedited review of certain applications THURSDAY, MARCH 30, 2006 6251 for permits or variances performed by qualified professionals under contract with the division for such purpose; to repeal conflicting laws; and for other purposes SB 415. By Senators Douglas of the 17th, Seabaugh of the 28th, Grant of the 25th, Schaefer of the 50th, Williams of the 19th and others: A BILL to be entitled an Act to amend Code Section 20-3-485 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship, so as to provide that surviving spouses shall be eligible students; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 573. By Senators Carter of the 13th and Cagle of the 49th: A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, so as to provide that the seller may withdraw escrow funds in excess of 1 percent of the purchase price of a condominium in order to fund construction and development of the condominium property; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 606. By Senators Douglas of the 17th, Grant of the 25th and Schaefer of the 50th: A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to prohibit disruptive conduct at funerals, memorial services, or funeral processions; to provide for legislative intent; to provide for the elements of such offense; to provide for a criminal penalty; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The Senate has adopted the report of the Committee of Conference on the following bill of the Senate: SB 636. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in such code or other laws of the state, so as to define the term biodiesel fuel; to repeal conflicting laws; and for other purposes. 6252 JOURNAL OF THE HOUSE Representative Keen of the 179th moved that the House do now adjourn sine die, and the motion prevailed. Pursuant to SR 1322, adopted by the House and Senate, the Speaker announced the House adjourned sine die. INDEX TO JOURNAL OF THE HOUSE OF REPRESENTATIVES REGULAR SESSION 2006 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 Abandoned motor vehicles; possessory liens; provide.........................................HB 1422 Motor vehicles; abandonment; certain definitions and provisions.........................HB 880 ABORTION Abortion; facilities; certain medical equipment; certain procedures; requirements.........................................................................................................HB 888 Abortions; access to certain medical equipment; perform certain medical procedures; penalty for violations ....................................................................... SB 429 Crimes; make abortion unlawful ..............................................................................HB 93 Pharmacist; written objection; not required to prescribe drugs to induce abortion ................................................................................................................ SB 123 Prescription drugs; effects on pregnancy; provisions for pharmacist ..................HB 1445 Women's Informed Consent Protection Act; enact ................................................HB 156 AD VALOREM TAX Ad valorem tax exemption; business inventory; provide .....................................HB 1063 Ad valorem tax levy; repeal certain provisions ......................................................HB 849 Ad valorem tax millage rate; property value; provide limitations - CA...............HR 1234 Ad valorem tax; appraisal value; owner's acquisition cost - CA..............................HR 85 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; exempt certain income ; nonprofit museums; referendum ..............HB 3 Ad valorem tax; exempt certain nonprofit museums; referendum.............................HB 2 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; limitations upon rate of increase in value - CA...........................HR 162 Ad valorem tax; mobile homes; amend certain provisions ....................................HB 739 Ad valorem tax; motor vehicle and mobile home; registration provisions ............HB 255 Refer to numerical index for page numbers 6256 INDEX Ad valorem tax; tangible property; eliminate - CA................................................HR 634 Ad valorem tax; veterans organizations; historic military aircraft; provide exemption ...............................................................................................HB 173 Ad valorem taxation exemption; certain charitable institutions; provide ............HB 1388 Ad valorem taxation exemption; watercraft in inventory; provide ......................HB 1249 Ad valorem taxation of property; change certain definitions...............................HB 1274 Ad valorem taxation of property; revise pay structure of certain county officers/officials; provide recalculation of min. salaries ..................................... SB 450 Ad valorem taxation; assessed taxable property value; change provisions..........HB 1281 Ad valorem tax; certain exemptions; authorize governing authority - CA ..........HR 1634 Ad valorem taxation; tangible personal property located on airport; change provisions ................................................................................................ SB 291 Appraisal; county staff; change certain provisions...............................................HB 1187 Buffer zones; provide current use assessment for undeveloped land areas............ SB 604 CA: ad valorem tax; bona fide conservation use property; exemption from covenant requirement................................................................................ SR 1104 Conservation use covenant; breach; provide for additional acts ..........................HB 1293 County board of tax assessors; member requirements; provisions ......................HB 1081 County boards of equalization; appeals to superior courts; repeal right ................HB 896 County boards of equalization; certain appeal costs; change provisions .............HB 1365 County taxation; payment; provisions..................................................................HB 1336 Disabled veterans; homestead exemption; increase .............................................HB 1362 Georgia Public Revenue Code; amend.................................................................HB 1551 Homestead exemption; spouses of killed U.S. service members; amend ............HB 1074 Homestead exemption; disabled veterans; increase ...............................................HB 803 Homestead exemption; disabled veterans; surviving spouses; remarry .................HB 315 Homestead exemption; disabled veterans; surviving spouses; amend .................HB 1076 Homestead exemption; senior citizens; actual levy amount...................................HB 848 Homestead exemption; unremarried spouse of peace officer or firefighter killed in duty; provisions .......................................................................................HB 81 Homestead exemptions; ad valorem property taxes; provisions - CA .................HR 1050 Motor vehicle rental companies; imposition of fee; provide definitions; procedures, conditions, and limitations ............................................................... SB 620 Motor vehicles; registration; place of return; amend ...........................................HB 1236 Property tax exemptions; applicant; change definition ........................................HB 1452 Property tax for education; replace with sales tax - CA ...........................................HR 58 Real property; agricultural purposes; preferential assessment; provisions ............HB 992 Redevelopment Powers Law; change certain definitions.....................................HB 1361 Sales tax; educational purposes; millage rate reduction - CA..............................HR 1039 State revenue commissioner; property appraisal and assessment; provide ..........HB 1502 Tax appeal procedures; recovery of certain costs; change provisions ................... SB 597 Tax commissioners and collectors; tax sales proceeds; ex officio sheriffs ............HB 527 Refer to numerical index for page numbers INDEX 6257 ADAIRSVILLE, CITY OF Ad valorem taxes; homestead exemption; provide...............................................HB 1577 Homestead exemption; 65 years of age or older; provisions ...............................HB 1579 Homestead exemption; certain age and income; provisions ................................HB 1580 Homestead exemption; disabled residents; provisions.........................................HB 1578 ADJOURNMENT Adjournment; relative to......................................................................................... SR 806 Adjournment; relative to....................................................................................... SR 1061 Adjournment; relative to....................................................................................... SR 1098 Adjournment; relative to....................................................................................... SR 1322 Adjournment; relative to.......................................................................................HR 1044 Adjournment; relative to.......................................................................................HR 1114 Adjournment; relative to.......................................................................................HR 1344 Adjournment; relative to.......................................................................................HR 1834 ADMINISTRATIVE SERVICES, DEPARTMENT OF Disposition of surplus property; sale of certain property by fixed price; change provisions ................................................................................................ SB 592 Georgia Procurement Registry; certain bid advertisements; local governments.........................................................................................................HB 833 Hospitals providing emergency room services; group liability insurance .............HB 827 Leases; contracts; agreements; additional requirements; provide ........................HB 1537 State Accounting Office; create..............................................................................HB 190 State and local government purchasing contracts; preference for Georgia products and vendors .............................................................................................HB 91 ADOPTION Juvenile court; jurisdiction for adoption proceedings; amend ...............................HB 987 ADVERTISING Outdoor advertising signs; restriction; amend......................................................HB 1097 Outdoor advertising; certain adult entertainment; prohibit signs ...........................HB 519 AGENCIES (See Named Agency or State Government) AGE OF MAJORITY Marriage contract; age of majority; provisions ....................................................HB 1023 Refer to numerical index for page numbers 6258 INDEX AGRICULTURE Agricultural Commodity Commission; equines; definitions; change provisions............................................................................................................. SB 380 Agricultural Education Oversight Commission; create........................................HB 1227 Agricultural education teachers; minimum salaries; provide...............................HB 1226 Agriculture industry; vermiculture; provisions ....................................................HB 1468 Assessment for property; agricultural purposes; authorize conditions of ownership - CA..............................................................................................HR 1049 Commissioner of Agriculture; farmers' market; change provisions.....................HB 1404 Dealers in agricultural products; surety bond requirements; amend ......................HB 422 Farmers' markets; provide safety/security; law enforcement on the premises ............................................................................................................... SB 613 Georgia Agricultural Commodities Promotion Act; create Georgia Blueberry Commission; membership, appointment, election terms.................... SB 447 National Bio and Agro-Defense Facility; Governor's pursuit; urge.....................HR 1861 Nuisances; treatment of agricultural facilities; definition ........................................ SB 26 Real property; agricultural purposes; preferential assessment; change provisions.............................................................................................................HB 992 Sales and use tax exemption; certain farm machinery; provisions.......................HB 1176 Special license plates; promote agriculture in Georgia; provide for issuance, renewals, fees, donation of revenue ..................................................... SB 370 State Budgeting; comprehensive revision of provisions; revise/change duties and responsibilities of budget units........................................................... SB 556 AIRLINES AND AIRPORTS (See Aviation) AIR POLLUTION Biodiesel fuel; define term; prohibit production, offering for sale; unless fuel meets certain standards................................................................................. SB 636 Motor vehicle emission; certain standards; adopt ..................................................HB 980 Public road funds; allocation and balancing; exempt certain projects ...................HB 723 ALAPAHA JUDICIAL CIRCUIT Superior courts; change term of court .................................................................... SB 615 Term of court; change...........................................................................................HB 1395 Waycross and Alapaha Judicial Circuits; term of court; change..........................HB 1496 ALCOHOLIC BEVERAGES AND ALCOHOLISM Alcoholic beverages; comprehensive revision of provisions; provide.................HB 1248 Alcoholic beverages; furnishing to underage persons; redefine offense................HB 563 Alcoholic beverages; local government authorization; eliminate provisions...........................................................................................................HB 1605 Alcoholic beverages; local ordinances; provide certain limits for fines ..............HB 1501 Refer to numerical index for page numbers INDEX 6259 Alcoholic beverages; municipal or county licenses; increase fee ..........................HB 720 Alcoholic beverages; prohibit consumption; persons under 21 .............................HB 565 Alcoholic beverages; prohibit purchasing; persons under 21.................................HB 564 Driving under the influence; persons legally entitled to use intoxicating substances; delete provisions...............................................................................HB 286 Farm winery; retail sales; provisions....................................................................HB 1315 Georgia's licensed vineyards and wineries; wines; urge restaurants to list..........HR 1175 Home rule; fixing hours of sale of alcoholic beverages; provisions ......................HB 717 Motor vehicle; alcoholic beverage; provisions.....................................................HB 1094 Motor vehicles; alcohol, drugs, or other substances; provisions..........................HB 1222 Wine; restaurant patrons; remove partially consumed bottle; allow ....................HB 1196 Wine; restaurant patrons; resealed partially consumed bottle; authorize.............HB 1436 Winegrowers Association of Georgia; fine wines; urge restaurants to list ..........HR 1052 Winery; tasting room; permit sales.......................................................................HB 1168 ALCOVY JUDICIAL CIRCUIT Superior court judges; increase salary supplement...............................................HB 1570 Walton Judicial Circuit; create .............................................................................HB 1255 ALIENS AND IMMIGRANTS Contracts; public works; certain prohibition ........................................................HB 1056 Depositions; persons who are not legal U.S. residents; provisions........................HB 986 Georgia Security/Immigration Compliance Act; persons who are not lawfully present in the U.S.; comprehensive regulation...................................... SB 529 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 Illegal persons; mortgage loan; prohibit...............................................................HB 1447 Preservation of evidence; nationals of foreign states; not lawfully admitted for permanent resident of U.S............................................................... SB 408 Public benefits to aliens; policy; provisions .........................................................HB 1009 State Planning for Increased Community Access Act; enact .................................HB 680 Wire transmission; money; illegal immigrant fee; provide..................................HB 1238 ALIMONY AND CHILD SUPPORT Child support; calculations; definitions; appeal process; change provisions............................................................................................................. SB 382 Child support; failure to comply; imprisonment ....................................................HB 800 Child support; mentally or physically disabled child beyond age of majority ................................................................................................................HB 142 Lottery proceeds; provide method to recover delinquent child support payments; change certain provisions ................................................................... SB 419 Refer to numerical index for page numbers 6260 INDEX ALMA, CITY OF; council districts; change number and description ..................HB 1658 ALPHARETTA, CITY OF Annexation of certain property; provide ..............................................................HB 1652 Homestead exemption; provisions........................................................................HB 1341 Redevelopment Powers Law; exercise .................................................................HB 1099 ANATOMICAL GIFT ACT Drivers' licenses; anatomical gifts; wording of notation affixed to license ..............................................................................................................HB 471 ANIMALS Agricultural Commodity Commission; equines; definitions; change provisions............................................................................................................. SB 380 Animal Fighting/Baiting Act; dog fighting; provisions; punishment..................... SB 229 Animal protection; impounded animal; amend provisions ....................................HB 735 Animal protection; licenses; change certain provisions .......................................HB 1174 Animal shelters; sterilization of cats and dogs; penalty for noncompliance ..........HB 249 Animals; amend provisions relating to bird dealers or pet dealers ........................HB 108 Canines and felines; inoculation against rabies; change provisions.....................HB 1376 Deer farming; change certain provisions................................................................HB 824 Dog fighting; prohibit; punishments; amend provisions ........................................HB 734 Dogs; hunting; change certain provisions ............................................................HB 1424 Georgia Quail Trail; Department of Natural Resources; initiate..........................HR 1226 House Study Committee on Pari-mutuel Betting on Horse Racing; create............HR 519 Nuisances; companion animal establishment; immunity from civil and criminal action ..................................................................................................... SB 111 Pari-mutuel betting; remove prohibition; taxation; dedicate revenue - CA .............HR 90 Pit bull dogs; define terms; prohibit possession; exceptions....................................HB 78 Vicious dogs; requirements for owners; provide..................................................HB 1497 Wild animals; licenses and permits; amend lists ....................................................HB 107 APPEAL AND ERROR Child support; calculations; definitions; appeals; change provisions..................... SB 382 Georgia Right to Self-defense Act of 2006; create...............................................HB 1061 Sexual offenders; punishments; registration, residency, and workplace requirements; change provisions .......................................................................HB 1059 APPROPRIATIONS AND FISCAL AFFAIRS Budget Act; amend ...............................................................................................HB 1164 Community Development Block Grant Program; urge support.............................HR 386 General appropriations; FY 2005-2006....................................................................HB 87 General appropriations; FY 2006-2007................................................................HB 1027 Refer to numerical index for page numbers INDEX 6261 General appropriations; FY 2006-2007................................................................HB 1047 House State Fiscal Year Study Committee; create...............................................HR 1667 House Study Committee on the Creation of Focus on Our Future: A Children's Budget; create...................................................................................HR 1079 Legislative Services Committee; change provisions; abolish Leg. Budget Office; Fiscal Affairs Subcommittees ................................................................. SB 282 State Budgeting; comprehensive revision of provisions; revise/change duties and responsibilities of budget units........................................................... SB 556 Supplemental appropriations; FY 2004-2005...........................................................HB 86 Supplemental appropriations; FY 2005-2006.......................................................HB 1026 Supplemental appropriations; FY 2005-2006.......................................................HB 1046 ARCHIVES Division of Archives & History; certain historical documents; authorize display..................................................................................................................HB 941 Division of Archives & History; recognize religious heritage; provisions ............HB 914 Public libraries; delete references; State Law Library ........................................... SB 216 ARTS Capitol Art Standards Commission; create ............................................................HB 978 Georgia Arts Trust; create ....................................................................................HB 1086 House Study Committee on Funding for the Arts; create ....................................HR 1921 Investing in Educational Excellence; include art education; urge........................HR 1565 Reece, Byron Herbert; honor as Georgia's Appalachian Poet/Novelist .................HR 297 Special license plates; promoting the arts in Georgia ............................................HB 506 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 ATLANTA JUDICIAL CIRCUIT Family Court Division; Superior Court of Fulton County; pilot project................HB 296 ATLANTA, CITY OF Atlanta Urban Enterprise Zone Act; change criteria for designation of zone.................................................................................................................. SB 334 NASCAR Hall of Fame; Atlanta, Georgia location; urge....................................HR 1432 ATTORNEY GENERAL Attorney General; consumer protection; initiate civil actions................................HB 646 Division of Archives & History; recognize religious heritage; provisions ............HB 914 Hospital acquisition; notice of acquisition to Attorney General; change provisions ................................................................................................ SB 622 Refer to numerical index for page numbers 6262 INDEX ATTORNEYS Assault; prosecuting attorney; provide for increased penalties............................HB 1543 Care of a Grandchild Act; power of attorney from parent to grandparent; create pilot program to provide subsidy to certain grandparents......................... SB 420 Civil practice; trial continuance; members of General Assembly; amend provisions.............................................................................................................HB 716 Employees' Retirement; assistant district attorney or public defender; certain creditable service .....................................................................................HB 479 Georgia Civil Practice Act; change provisions.....................................................HB 1461 Inspection of public records; jurisdiction; amend ................................................HB 1071 Law school graduates; state bar exam; Supreme Court powers .............................HB 150 Northeastern Judicial Circuit Public Defender Study Commission; create..........HB 1645 Prepaid legal services plans; amend provisions .....................................................HB 375 Prosecuting attorneys; involuntary retirement; provisions...................................HB 1649 AUCTIONEERS; auctions; contracts; provisions.................................................HB 1179 AUDITS AND AUDITORS; State Accounting Office; create ...............................HB 190 AUGUSTA, CITY OF; consolidated government; authorize ...............................HB 1327 AUSTELL, CITY OF Revise districts for election of members of city council; definitions; inclusions ............................................................................................................. SB 652 AUTHORITIES Georgia Assignment Pool Underwriting Authority; create ..................................HB 1359 Georgia Environmental Facilities Authority; change certain provisions .............HB 1319 Georgia Environmental Facilities Authority; rename; amend provisions..............HB 436 Georgia Higher Education Facilities Authority Act; create ................................... SB 562 Georgia Highway Authority; one-time transfer of trust funds ...............................HB 525 Georgia Hospital Insurance Authority Act; enact ....................................................HB 70 Georgia Hospital Insurance Authority Act; enact ....................................................HB 72 Georgia Medical Center Authority; comprehensive revision; provide ................HB 1083 Georgia Transportation Infrastructure Bank Act; enact .........................................HB 137 Georgia Water Authority; create ..........................................................................HB 1247 Health Care Bond Authority Act; enact .................................................................HB 198 Housing authorities; private enterprise agreement .................................................HB 685 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 Rail Passenger Authority; commuter rail project; requirements for expenditures .........................................................................................................HB 523 Refer to numerical index for page numbers INDEX 6263 Sales and use tax exemption; water and sewer authorities; provide ....................HB 1204 Setoff debt collection; claimant agencies; include public housing authorities.............................................................................................................HB 429 Southwest Georgia Technology Authority; create ...............................................HB 1161 State Planning for Increased Community Access Act; enact .................................HB 680 State Road and Tollway Authority; sales and use tax; provisions .......................HB 1487 Transportation; Lovejoy to Atlanta rail project; subsidize costs..........................HR 1227 Transportation; Lovejoy to Atlanta rail project; subsidize costs..........................HR 1237 AVIATION Ad valorem tax; veterans organizations; historic military aircraft; provide exemption ...............................................................................................HB 173 Aircraft; liens for labor/contracts of indemnity; filing notice of intention to claim with clerk of superior court.................................................................... SB 638 Sale of aviation fuel; fund regional airport facilities; urge DOT ...........................HR 537 Sales and use and motor fuel taxes; aviation fuel; revenue provisions- CA ........HR 1094 Sales and use tax exemption; airlines; jet fuel; provisions...................................HB 1013 Sales and use tax exemption; jet fuel; provisions.................................................HB 1173 Sales and use tax exemption; jet fuel; provisions.................................................HB 1181 Sales and use tax exemption; maintenance or repair of aircraft; provide.............HB 1296 B BACON COUNTY Board of Commissioners; districts; provide .........................................................HB 1659 Board of elections and registration; create ...........................................................HB 1660 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 BALDWIN COUNTY; conveyance; 13 counties.................................................... SR 823 BALDWIN, CITY OF; corporate limits; change and extend................................HB 1448 BALL GROUND, CITY OF; redevelopment; authorize......................................HB 1591 Refer to numerical index for page numbers 6264 INDEX BANKING AND FINANCE Child support; calculations; definitions; appeals; change provisions..................... SB 382 Credit card banks and domestic lenders; employees; require background checks.................................................................................................................HB 1565 Criminal background checks; fingerprint comparisons; authorize.......................HB 1604 Deposit account fraud; stop payment of checks; amend ......................................HB 1043 Georgia Predatory Lending Prevention Act; enact.................................................HB 808 Georgia Transportation Infrastructure Bank Act; enact .........................................HB 137 House Higher Education Finance and Formula Study Committee; create...........HR 1082 Illegal persons; mortgage loan; prohibit...............................................................HB 1447 Joint Higher Education Finance and Formula Study Committee; create .............HR 1081 Low-interest mortgage loans for certain public employees; provide - CA ............HR 903 Mortgage broker/lender license; exempt certain exclusive agents......................... SB 505 Mortgage brokers; urge Governor and Department of Banking and Finance oversee....................................................................................................HR 822 Mortgage loan officers; definitions and provisions................................................HB 498 Pawnbrokers; title pawn transactions; amend certain provisions...........................HB 675 Republic of Sudan; certain state agencies; prohibitions.........................................HB 964 Silver medallions; use in financial transactions; require issuance .......................HB 1569 Wire transmission; money; illegal immigrant fee; provide..................................HB 1238 BANKS COUNTY Ad valorem taxes; homestead exemption; provide...............................................HB 1527 School district ad valorem taxes; homestead exemption; provide .......................HB 1523 School district ad valorem taxes; homestead exemption; provide .......................HB 1524 School district ad valorem taxes; homestead exemption; provide .......................HB 1525 School district ad valorem taxes; homestead exemption; provide .......................HB 1528 BARBERS Barbershop; license requirements; change certain provisions..............................HB 1619 BARROW COUNTY; school district; homestead exemption; provisions............HB 1124 BARTOW COUNTY Board of Commissioners; create...........................................................................HB 1481 Chief magistrate; compensation .............................................................................HB 733 BAXLEY, CITY OF; corporate limits; deannexation; provisions ........................HB 1661 BELL-FORSYTH JUDICIAL CIRCUIT Superior court judges; salary supplement.............................................................HB 1572 BIBB COUNTY; public property; conveyance; 13 counties ................................... SR 823 Refer to numerical index for page numbers INDEX 6265 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 BINGO Bingo games; nonprofit, tax-exempt organization; provide definition .................. SB 545 Bingo; nonprofit, tax-exempt organization; define ..............................................HB 1261 BLASTING OPERATIONS Fire hazards; increase in fees/charges; provide fee for blaster certification cards; require license prior to blast hole drilling............................. SB 495 BLUE RIDGE JUDICIAL CIRCUIT Judges; amount of compensation; increase ..........................................................HB 1566 Superior courts; third judge; provide....................................................................HB 1263 Superior courts; certain circuits; number of judges; provisions...........................HB 1073 BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Board of Regents/Association of Governing Boards; urge consultations..............HR 678 Certain buildings; state funds; sustainability standards; require ..........................HB 1402 Dooley-Sanford Stadium; designate at University of Georgia.................................HR 13 Four-year college in Gwinnett County; approve creation ......................................HR 228 HOPE Scholarship; qualified students; Board of Regents; urge ..........................HR 1303 Joint Study Committee on Efficiency, Effectiveness, & Independence of University System of Georgia; create ...........................................................HR 1833 Public libraries; delete references; State Law Library ........................................... SB 216 Teacher education; urge inclusion of health/physical education courses...............HR 395 University System of Georgia; admissions; provisions........................................HB 1183 University System of Georgia; student home study program; admissions; authorize board of regents to promulgate rules/regulations ................................ SB 582 University System of Georgia; tuition; effective date; provisions - CA ..............HR 1085 University System of Georgia; urge closure on election day; encourage students to work at polls ......................................................................................HR 772 BOATS AND WATERCRAFT Ad valorem taxation exemption; watercraft in inventory; provide ......................HB 1249 Houseboats; prohibition on certain lakes..............................................................HB 1360 State park lakes; watercraft; change provisions ...................................................HB 1490 Refer to numerical index for page numbers 6266 INDEX BONDS Bonds; reporting requirements; change certain provisions ..................................HB 1495 Dealers in agricultural products; surety bond requirements; amend ......................HB 422 Department of Transportation; certain projects; bond amounts; provisions ........HB 1177 Family violence protective orders and peace bonds; certain prohibitions .............HB 755 General Assembly; furnishing/approval of bonds; repeal provisions .................... SB 260 General obligation and revenue bonds; requirements; provisions .......................HB 1012 Georgia Medical Center Authority; comprehensive revision; provide ................HB 1083 Special elections; bonds; sales and use taxes; provisions ....................................HB 1516 BRANTLEY COUNTY; board of elections and registration; create ....................HB 1623 BRASELTON, TOWN OF; Braselton Visitors Bureau Authority; create ...........HB 1251 BROOKS COUNTY; nonpartisan elections............................................................HB 532 BRUNSWICK, CITY OF Brunswick-Glenn County Joint Water and Sewer Commission; create...............HB 1585 Nomination of candidates; change provisions......................................................HB 1586 BRYAN COUNTY Ad valorem taxes; homestead exemption................................................................. SB 38 Ad valorem taxes; homestead exemption; provide...............................................HB 1634 Homestead exemption; 65 years or older; provide...............................................HB 1633 Homestead exemption; 65 years or older; provide...............................................HB 1654 Homestead exemption; certain residents ................................................................HB 634 Public property; nonexclusive easements; authorize............................................HR 1259 School district; ad valorem taxes; educational purposes.......................................... SB 39 State and magistrate court; surcharge on fines .......................................................HB 901 State court; surcharge on fines................................................................................HB 902 BUFORD, CITY OF Ad valorem tax assessment; phase-in period..........................................................HB 641 Buford Visitors Bureau Authority; create; promote tourism; provide for appointment; compensation; general powers; regulations................................... SB 518 Hall County, City of Gainesville, City of Buford; tax proceeds for educational purposes; distribution .....................................................................HB 1575 Homestead exemption; residents 70 years or older ................................................HB 642 BUILDINGS AND HOUSING Ad valorem tax; mobile homes; amend certain provisions ....................................HB 739 Building plan reviews; private professional providers; provisions ......................HB 1385 Certificate of Permanent Location; requirements; change provisions ................... SB 253 Refer to numerical index for page numbers INDEX 6267 Construction defects; resolution; change certain provisions ................................HB 1243 Council on Affordable Housing; create....................................................................HB 39 Department of Community Affairs; Section 8 housing fraud; require investigation.......................................................................................................HB 1162 Eminent domain; comprehensive revision of provisions; provide .......................HB 1313 Home inspectors; definitions; documentation; requirements; provisions ..............HB 903 Housing authorities; private enterprise agreement .................................................HB 685 Manufactured or mobile homes; storage charges; provisions ..............................HB 1556 Multidisciplinary Center for Affordable Housing; create within the University System..................................................................................................HB 69 Municipality or county; earthquakes; provide governing authority .....................HB 1508 Private enterprise agreement; housing authorities; redefine ................................HB 1144 Real estate transfer/intangible recording tax; increase and allocate - CA................HR 26 Rezoning; building permits; moratorium; provide for hearings...........................HB 1595 Setoff debt collection; claimant agencies; include public housing authorities.............................................................................................................HB 429 State Budgeting; comprehensive revision of provisions; revise/change duties and responsibilities of budget units........................................................... SB 556 BUILDINGS AND HOUSING; BLIGHTED AREAS Condemnation of property; redevelopment purposes; approved by vote; require - CA .......................................................................................................HR 1306 BULLOCH COUNTY; public property; conveyance; 13 counties......................... SR 823 BURKE COUNTY; board of education; election; provide ...................................HB 1597 BUSINESS AND OCCUPATION TAXES Assisted living facilities; Levels I and II; provisions .............................................HB 206 County levies; public accommodations; tourism/conventions; 5 percent tax rate.................................................................................................................. SB 194 Excise tax; certain furnishings; change provisions...............................................HB 1317 Excise tax; furnishing of public accommodations; change provisions ................HB 1030 Excise tax; furnishing of public accommodations; provisions.............................HB 1426 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 Fees and taxes; time of payment; include heating and cooling air repair ............HB 1049 Hotel-motel tax; local governments; amend provisions.........................................HB 765 Local governments; regulatory fees; sale of certain lawful products.....................HB 304 Taxes; local governments; liable for certain legal fees; provisions .......................HB 949 Refer to numerical index for page numbers 6268 INDEX BUSINESS RECORDS Businesses that collect computerized data; disclose breach of security.................HB 648 C CAIRO, CITY OF; new charter .............................................................................. HB 816 CALHOUN, CITY OF; school district ad valorem taxes; provisions .................. HB 1428 CALHOUN COUNTY Lower Chattahoochee Regional Airport Authority; create .................................. HB 1594 CAMDEN COUNTY Homestead exemption; ad valorem taxes for county purposes; definitions; terms and conditions.............................................................................................SB 496 Homestead exemption; ad valorem taxes for educational purposes; definitions; terms and conditions..........................................................................SB 497 Public property; nonexclusive easements; authorize ........................................... HR 1259 CAMPAIGN AND FINANCIAL DISCLOSURE Campaign contributions; electronically filed disclosure reports; amend certain provision .................................................................................................. HB 260 Campaign contributions; political parties; maximum allowable limits ..................... HB 9 Elections; absentee voting; certain campaign activities; restrictions..................... HB 219 Ethics in government; amend provisions ................................................................... HB 7 Ethics in government; amend provisions ................................................................. HB 47 Maximum allowable campaign contributions; limitations; 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 Truth in Representation Act of 2005; enact ........................................................... HB 365 Voluntary Contributions Act; enact ....................................................................... HB 153 CANDIDATES Campaign contributions; electronically filed disclosure reports; amend certain provision .................................................................................................. HB 260 Campaign contributions; political parties; maximum allowable limits ..................... HB 9 Elections and primaries; candidates; provisions .................................................. HB 1607 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 Elective office; candidates; establish code of conduct......................................... HB 1601 Refer to numerical index for page numbers INDEX 6269 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 CANDLER COUNTY; board of elections and registration; create ...................... HB 1289 CARROLL COUNTY; board of education; reconstitute...................................... HB 1600 CATOOSA COUNTY Board of education; members compensation; increase ........................................ HB 1653 Board of elections; correct terms of office........................................................... HB 1611 Board of utilities commissioners; create ................................................................ HB 877 Board of utilities commissioners; limit on terms ................................................. HB 1612 Judge of probate court and superior court clerk; salary provisions ..................... HB 1132 Tax commissioner; increase clerical allowance ................................................... HB 1354 CELLULAR TELEPHONES 911 telephone charges; billing, collection, and use; provisions............................. HB 148 Cell phones; retail sale; require certain records ................................................... HB 1377 Cellular telephone service; certain requirements; provisions ................................ HB 303 Income tax credits; counties; wireless telecommunications carrier ....................... HB 536 Mobile phone; motor vehicles; Public Service Commission regulate - CA .......... HR 536 Motor vehicles; use of mobile phone; prohibit certain drivers .............................. HB 322 Motor vehicles; use of mobile phone; prohibit person less than 17 years of age ................................................................................................................... HB 963 Privacy; mobile telephone usage; unlawful to disseminate information without expressed consent of subscriber; penalties; exception ............................SB 456 Telephone and telegraph service; Joint Study Committee; reconstitute ................ HB 738 Telephone service provider; customer records; prohibit sale or transfer ............. HB 1290 Wireless Communications Security Act; enact.................................................... HB 1060 CEMETERIES (See Funeral Services, Cemeteries, and Burial Plots) CENTERVILLE, CITY OF; corporate limits........................................................ HB 247 CHAMBLEE, CITY OF Annexation of neighboring communities; express support.................................. HR 1696 CHAPLAINS, HOUSE OF REPRESENTATIVES Bordeaux, Reverend Nelle McCorkle .................................................................Page 1484 Boyer, Reverend John .........................................................................................Page 1373 Broughton, Reverend Robert...............................................................................Page 5177 Daniels, Dr. Tommy Roderick ................................................................................Page 94 Refer to numerical index for page numbers 6270 INDEX Evans, Reverend Boyd ..........................................................................................Page 178 Forney, Reverend Liz ............................................................................................Page 223 Gentry, Dr. Jimmy.................................................................................................Page 853 Glass, Pastor Mike...............................................................................................Page 3552 Goodlet, Pastor Keith ..........................................................................................Page 1843 Grant, Dr. Debora....................................................................................................Page 72 Hall, Reverend Ken .............................................................................................Page 2853 Hamrick, Reverend Bruce ...................................................................................Page 3504 Haynes, Dr. Richard ............................................................................................Page 1686 Haynes, Dr. Virgil "Porky" .................................................................................Page 4835 Hicks, Dr. Brad....................................................................................................Page 3615 Hotle, Dr. Marlin ...................................................................................................Page 812 Howard, Reverend Karlton..................................................................................Page 1338 Hunter, Dr. Richard ...............................................................................................Page 200 LaShure, Reverend George ...................................................................................Page 112 Lee, Pastor Eric W.................................................................................................Page 624 Lee, Pastor Kerwin B. .........................................................................................Page 4456 Lee, Reverend Dr. Richard Mark ........................................................................Page 3694 Marchman, Pastor Brad.........................................................................................Page 258 Martin, Reverend Ben ...........................................................................................Page 143 Mitchell, Reverend Bennie R., Jr. .........................................................................Page 290 Moore, Lieutenant Colonel Willis.......................................................................Page 3580 Moxley, Reverend George ....................................................................................Page 762 Parkin, Pastor Chris.............................................................................................Page 3790 Rowland, Reverend Dexter O. ..............................................................................Page 653 Rucker, Reverend Raleigh...................................................................................Page 1629 Scott, Reverend Hermon .........................................................................................Page 32 Speed, Reverend James O. ....................................................................................Page 389 Tate, Dr. Benn .........................................................................................................Page 39 Taylor, Pastor Alan..............................................................................................Page 4656 Walker, Reverend Richard ....................................................................................Page 677 Washington, Pastor Leon ....................................................................................Page 1570 Waters, Reverend Randy.......................................................................................Page 727 Wilson, Reverend Alton ..........................................................................................Page 18 Wynn, Reverend Larry ........................................................................................Page 3061 Young, Pastor Keith ............................................................................................Page 2060 CHARITIES AND CHARITABLE SOLICITATIONS Ad valorem tax; certain charitable institutions; exemption ................................... HB 370 Ad valorem taxation exemption; certain charitable institutions; provide ............ HB 1388 Sales tax; exemptions for sales by child services agencies; clarify ....................... HB 541 Refer to numerical index for page numbers INDEX 6271 CHARLTON COUNTY Public property; nonexclusive easements; authorize ........................................... HR 1259 CHATHAM COUNTY Board of elections and registration; amend provisions .......................................... HB 761 Chatham County; Savannah, City of; Board of Public Education; modify compensation ..................................................................................................... HB 1603 House Study Committee on Chatham County Technical and Vocational Training in High Schools; create....................................................................... HR 1559 Public property; nonexclusive easements; authorize ........................................... HR 1259 CHATTAHOOCHEE COUNTY Probate judge; nonpartisan election; provide ....................................................... HB 1299 CHEROKEE COUNTY Cherokee County Water and Sewerage Authority; compensation......................... HB 784 Cherokee County Water and Sewerage Authority; membership ........................... HB 845 Redevelopment; authorize.................................................................................... HB 1343 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 Child abuse; reporting; change certain provisions ..................................................SB 442 Special license plates; child abuse prevention; provisions................................... HB 1057 CHILD CUSTODY Care of a Grandchild Act; power of attorney from parent to grandparent; create pilot program to provide subsidy to certain grandparents .........................SB 420 Child Custody Intrastate Jurisdiction Act; change certain provisions ......................SB 94 Children; custody; allowances.............................................................................. HB 1268 Custody; crimes of interference with; change provisions ...................................... HB 968 Department of Juvenile Justice; Department of Human Resources; children in custody; change provisions ............................................................. HB 1485 Georgia Public Safety Training Center; child custody disputes; urge to modify program ................................................................................................. HR 1538 Legitimacy petition; father may establish paternity of child.................................. HB 287 Power to attorney; care of a grandchild; provisions............................................. HB 1427 CHILDREN AND YOUTH (See Minors) Refer to numerical index for page numbers 6272 INDEX CHIROPRACTORS Board of examiners; additional authority............................................................... HB 147 Change code references; chiropractic physicians................................................... HB 546 Definitions; scope of practice; increase penalty for improper practice...................SB 422 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 Georgia Smokefree Air Act of 2005; enact............................................................ HB 426 Public health; offenses; smoking on a bus while transporting children..................SB 196 CITY COURTS (See Courts or Municipalities) CIVIL PRACTICE Civil case; complaints and judgments; change provisions................................... HB 1195 Civil practice; health records; change certain provisions....................................... HB 912 Civil practice; offers of judgment; provide for procedures.................................... HB 574 Civil practice; process servers; secured communities; registration ....................... HB 705 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 Georgia Civil Practice Act; change provisions .................................................... HB 1461 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 Medical malpractice; health information; disclosure ............................................. HB 575 Medical malpractice; procedures relating to actions.............................................. HB 571 Tax executions and judicial sales; prohibit certain sales; exceptions ...................... HB 38 Tax executions and judicial sales; prohibit sales ................................................... HB 157 Tax executions; certain transfers; required notice; amend provisions ................... HB 447 Tax executions; provide ad valorem property taxes/assessments governed by Title 48; purchase and transfer of rights..........................................................SB 585 Tax executions; regulate transfers; prohibit certain sales ...................................... HB 226 Tort claims; settlement offers; change provisions.................................................. HB 239 CLARKE COUNTY Athens-Clarke County; redevelopment; authorize............................................... HB 1334 Clarke County; hospital authority board; provisions ........................................... HB 1210 Public property; nonexclusive easements; authorize ........................................... HR 1259 Refer to numerical index for page numbers INDEX 6273 CLARKSTON, CITY OF Homestead exemption for municipal purposes; 65yrs/older; definitions; specify terms and conditions ................................................................................SB 387 CLAY COUNTY Lower Chattahoochee Regional Airport Authority; create .................................. HB 1594 Southwest Georgia Technology Authority; create ............................................... HB 1161 CLAYTON COUNTY Board of commissioners; membership ................................................................... HB 806 Board of Education; chairperson/members; change compensation ........................SB 671 Chief magistrate; provide salary..............................................................................SB 667 Clayton County Commission on Children and Youth; establish ......................... HB 1615 Clayton County Missing Children Bureau; create ............................................... HB 1657 Clayton County Missing Children's Taskforce; urge establishment .................... HR 2354 Heritage Trail Commission; create....................................................................... HB 1617 Probate court judge; change compensation .............................................................SB 668 State court; provide salaries of judges.....................................................................SB 233 State court; provide salaries of the judges; solicitor-general; county supplement; conditions.........................................................................................SB 677 State court; solicitor-general; compensation; provide qualifications......................SB 670 State court clerk; increase compensation ................................................................SB 675 Superior court; sheriff; compensation; change provisions......................................SB 676 Superior court clerk; increase salary .......................................................................SB 674 Tax commissioner; salary; change provisions ........................................................SB 672 CLAYTON JUDICIAL CIRCUIT County supplement; change amount .......................................................................SB 355 County supplement; change amount .......................................................................SB 678 Judge of juvenile court; compensation from state funds/Clayton County ..............SB 669 Judges of superior court; increase county supplement to state salary.....................SB 673 CLAYTON, CITY OF; corporate limits; change ................................................. HB 1554 CLERKS, SUPERIOR COURT Clerks of courts; documents/records; create and maintain digital copies .............. HB 453 Clerks of superior court and coroners; qualifying; nonpartisan election ............... HB 403 Clerks of superior courts; real estate or personal property filing fees; sunset dates; change ............................................................................................ HB 989 Clerks; certain printed records; delete requirement ............................................. HB 1355 Commercial code; filing office for secured transactions; certain indigent defense fees.......................................................................................................... HB 850 County offices; nonpartisan elections ...................................................................... HB 63 Refer to numerical index for page numbers 6274 INDEX County offices; nonpartisan elections; General Assembly provide by law ............. HB 62 Nonpartisan elections; include certain county officers .......................................... HB 433 Notaries public; additional qualifications; applications; amend provisions .......... HB 494 Superior court clerk; serve in state, magistrate, and juvenile county courts.......... HB 475 Superior Court Clerks' Retirement Fund; membership dues; provisions............... HB 540 Superior Court Clerks' Retirement; amend provisions........................................... HB 476 Superior Court Clerks' Retirement; survivors benefits; amend provisions............ HB 809 CLINICAL LABORATORIES Clinical laboratories chapter; applicability; revise certain provisions ................. HB 1218 COBB COUNTY Board of Commissioners; change provisions....................................................... HB 1297 Board of Commissioners; compensation; provisions........................................... HB 1202 Board of Education; election of members; amend ............................................... HB 1068 Cobb County-Marietta Water Authority; membership, vacancy provisions ..........SB 138 Deputy clerk of superior court; compensation ..................................................... HB 1208 Homestead exemptions; provisions...................................................................... HB 1344 Office of tax commissioner; change compensation ............................................. HB 1636 Probate court; certain employees; change compensation..................................... HB 1265 Probate court; change compensation.................................................................... HB 1303 Special license plates; Cobb County; beautification projects .............................. HB 1158 State court; clerk and chief deputy clerk; compensation...................................... HB 1267 State court; compensation of judges; change ....................................................... HB 1186 State court; solicitor-general; change compensation...............................................SB 470 COBB JUDICIAL CIRCUIT Superior court judges; amend number ................................................................. HB 1111 Supplement paid to each judge of superior court....................................................SB 616 Superior courts; certain circuits; number of judges; provisions........................... HB 1073 CODE OF GEORGIA General Provisions, O.C.G.A.; correct errors/omissions; reenact the statutory portion; provide necessary revisions/modernizations ...........................SB 465 General Provisions, O.C.G.A.; correct errors/omissions in Title 21.......................SB 467 General Provisions, O.C.G.A.; correct errors/omissions in Title 47.......................SB 466 Georgia Election Code; extensive revisions........................................................... HB 528 COFFEE COUNTY Absentee ballot applications; limit amount.......................................................... HB 1154 Board of Education; chairperson/vice chairperson; select ................................... HB 1155 Employment of marshals; provide ....................................................................... HB 1583 Murray, Clifton Bryce; scholarship; Coffee Co. Board of Education; urge ........ HR 1272 Refer to numerical index for page numbers INDEX 6275 COIN OPERATED AMUSEMENT MACHINES Coin operated amusement machines; change certain provisions ........................... HB 123 COLEMAN, CITY OF; charter; abolish .............................................................. HB 1102 COLLEGES Division I-A football playoff system; urge NCAA implement.................................. HR 8 Dooley-Sanford Stadium; designate at University of Georgia ................................ HR 13 Education loans; certain colleges; eligibility and requirements............................. HB 842 Four-year college in Gwinnett County; approve creation...................................... HR 228 HOPE scholarships; definitions; quarter or semester hour limitation.................... HB 299 HOPE scholarships; eligibility; hour limits; amend provisions............................. HB 490 Joint Study Committee on the HOPE Scholarship Program; create ...................... HR 443 Postsecondary education; grants to certain members of National Guard; provisions............................................................................................................. HB 163 Tuition equalization grants; proprietary institutions ineligible.............................. HB 300 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 COLLINS, CITY OF; limitations on terms of service; repeal provision ............. HB 1557 COLQUITT, CITY OF Declare as Georgia's First Mural City .....................................................................SB 484 Georgia's First Mural City; designate..................................................................... HR 754 COLUMBIA COUNTY Board of Education; election of members; define certain terms.............................SB 312 Magistrate Court; change requirements ............................................................... HB 1328 Small Claims Court; repeal .................................................................................. HB 1324 COMMEMORATIVE RESOLUTIONS AND DESIGNATIONS 848th Engineer Company and Company C; Hero Bridge; dedicate .................... HR 1397 Boyd, Kimberly; Memorial Bridge; designate and dedicate...................................SR 849 Bradfield, Mayor Johnny; designate & dedicate highway; Telfair County ............SR 433 Bryant, Clint H.; designate and dedicate bridge; Murray County...........................SR 126 Buchan, Derward F.; Corridor; dedicate .............................................................. HR 1225 Burson, Colonel R. H.; Bridge; designate............................................................ HR 1169 Callaway, Cason and Virginia; Conservation Highway; dedicate ....................... HR 1790 Cannon, James M. Sr.; Leesburg U.S. Highway 19 Bypass; designate............... HR 1343 Caudell, Roger; designate and dedicate highway; Stephens County ......................SR 374 Refer to numerical index for page numbers 6276 INDEX Chambers, Ida; Crayton, Mr. James G., Sr.; Robinson, Thomas McRae Hamilton; dedications and designations............................................................ HR 1548 Champion Crossroads; dedicate ........................................................................... HR 1110 Cowan, Charles S. (Buddy), Jr.; Memorial Bridge; designate and dedicate.........SR 1094 Crayton, James G., Sr.; Memorial Bridge; dedicate............................................. HR 1337 Dent-Daugherty-Hamilton Legislative Office Building; rename Legislative Office Building ................................................................................... HR 72 Dooley-Sanford Stadium; designate at University of Georgia ................................ HR 13 Dorothy Barnes Pelote; Derward Buchan; Mr. Tommy G. Hudson; 648th Engineer Battalion; Tybee Island Lighthouse; Lucille Norton; Private James Boggan; Thomas McGaughey Kilgore; Veterans Memorial Highway; Lieutenant McKinnon; dedications and designations.................... HR 1491 Drake, John Lee, Sr.; designate and dedicate intersection ......................................SR 282 Dyer, Micajah Clark; Parkway; designate............................................................ HR 1236 Eason, Harry H.; Bridge; designate........................................................................ HR 571 Eason, Harry H.; Dyer, Micajah Clark; Black, Mr. J. Lucius; dedications and designations .................................................................................................. HR 413 Eason, Harry H.; Memorial Bridge; dedicate....................................................... HR 1301 Garrett, Dr. Luke Glenn, Jr.; Memorial Highway; designate and dedicate ..........SR 1028 Gibbs, SGT Mathew Vincent; Memorial Bridge; designate and dedicate............SR 1034 Harris, Frank G.; Memorial Highway; designate................................................... HR 280 Historic Tybee Lighthouse Causeway; dedicate .................................................. HR 1461 Holt, Antoine J.; Memorial Bridge; designate and dedicate ...................................SR 848 Howard, Henry L.; Memorial Bridge; dedicate ................................................... HR 1300 Howard, Henry L.; Memorial Interchange; dedicate ........................................... HR 1393 Hudson, Tommy G.; Bridge; designate................................................................ HR 1229 Johnson, SPC Justin W.; Memorial Interchange; dedicate .................................. HR 1108 Jones, Joseph, Sr., Bridge; designate ..................................................................... HR 825 Joyner, Parson H. F.; Memorial Bridge; dedicate in Rome ................................... HR 393 Kilgore, Tom; Memorial Bridge; name................................................................ HR 1534 King, Martin Luther, Jr., Blvd.; designate and dedicate; Telfair County ...............SR 434 Lake Spivey Parkway; dedicate ........................................................................... HR 1609 McKenzie, Ted; Interchange; Glynn County; designate...................................... HR 1340 McKinnon, Lieutenant Rudolph, USN; Memorial Bridge; designate.................. HR 1608 Miller-Coverdell Legislative Office Building; naming............................................ HR 70 Mullis, Charles Bradley; Memorial Bridge; designate........................................... HR 238 Murphy, Durward (Red); Memorial Bridge; designate and dedicate ...................SR 1093 Murphy, Thomas B.; former Speaker of the House; authorize placement of portrait ........................................................................................................... HR 1856 Negro Branch in Brooks County; rename Pride Branch ........................................ HR 408 Norton, Lucille M.; Bridge; dedicate ................................................................... HR 1487 Norton, Lucille M.; Bridge; dedicate ................................................................... HR 1488 Okefenokee Trail; dedicate .................................................................................. HR 1637 Refer to numerical index for page numbers INDEX 6277 Parish, Emory; Interchange; dedicate; Robinson, Mary Will; Memorial Bridge; dedicate; Vandiver, Adam Poole; Memorial Bridge; dedicate; Vandiver, Reverend George; Memorial Bridge; dedicate.................................SR 873 Pelote, Dorothy Barnes; Bridge; dedicate ............................................................ HR 1195 Riddle, Chip; Memorial Bridge; dedicate in Rome................................................ HR 394 Robinson, Mary Will; Memorial Highway; dedicate........................................... HR 1662 Schmidt, Stephen J., Sr.; Memorial Highway; designate and dedicate...................SR 718 Shavers, Baxter; Memorial Intersection; designate................................................ HR 200 Stephen J. Schmidt, Sr.; James M. Cannon, Sr.; Henry L. Howard; Theodore S. McKenzie; Mr. Jack Wingate; dedications & designations.......... HR 1302 Stokely, SGT Mike; Memorial Highway; designate and dedicate..........................SR 864 Stokely, SGT Mike; Memorial Highway; designate and dedicate..........................SR 639 Stokes, Herschel; Memorial Overpass; Okefenokee Trail; dedications and designations ................................................................................................ HR 1661 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 Vandiver, Adam Poole; Memorial Bridge; designate ............................................ HR 485 Vandiver, Reverend George; Memorial Bridge; designate.................................... HR 484 Vandiver, Reverend George; Memorial Bridge; designate.................................... HR 723 Vandiver, Samuel Ernest, Jr.; Interchange; dedicate ........................................... HR 1109 Veterans Memorial Highway; dedicate................................................................ HR 1607 Wiley T. Nixon Capitol Post Office; name .......................................................... HR 1395 Williams, J.T.; Champion family; Johnson, SPC Justin W.; Jones, Joseph, Sr.; dedications and designations ...................................................................... HR 1041 Wingate, J. Alton, Sr.; Memorial Parkway; designate; Habersham County...........SR 686 Wingate, Mr. Jack; portion of State Road 97; dedicate ....................................... HR 1267 COMMENDS 165th Airlift Wing of Savannah, Georgia; commend .......................................... HR 1192 2006 Georgia Women's Intersport Network award winners; commend .............. HR 2262 2006 "What Would You Say?" contest winners; commend ................................ HR 2069 21st Century Leaders Day at the Capitol; recognize; commend students............ HR 1240 23rd Annual GAE Legislative Conference Day; recognize ................................. HR 1325 34th Firefighters' Recognition Day; Georgia firefighters; commend .................. HR 1482 50th anniversary of the Museum of Arts and Sciences; commemorate............... HR 2064 75th Anniversary Celebration of State Parks and Historic Sites; recognize........ HR 1121 Abbott, Mr. David; Lanier County Middle School's Teacher of the Year; commend ........................................................................................................... HR 1447 Abel, Brody; 2005 11 Year Old Buford Wolves; commend................................ HR 1583 Academic Success Center of Columbus, Georgia; Centennial anniversary of its school building; recognize........................................................................ HR 2172 Refer to numerical index for page numbers 6278 INDEX Addison, Bob and Mary; Wild Hog Supper host; recognize and commend........ HR 1917 Addison, Joseph; commend.................................................................................. HR 1758 Addy, Jennifer; Girl Scouts of America Gold Award; commend........................ HR 1594 Addy, Jennifer; Girl Scouts of America Gold Award; commend........................ HR 1624 Africa Travel Association (ATA); recognize....................................................... HR 1774 Agarwal, Malmar; STAR student for Ware County; commend........................... HR 2288 Albrecht, Chef Paul Andrew; culinary excellence; recognize & commend ........ HR 2050 Alexander, Vidal; 2005 11 Year Old Buford Wolves; commend ........................ HR 1580 Alford, Elco; commend ........................................................................................ HR 1146 Alpha Company of 648th Engineer Battalion (Sapper); U.S. Army Corps of Engineers; commend..................................................................................... HR 1805 Alpha Phi Alpha Fraternity and the Eta Lambda Chapter; commend ................. HR 2129 Amburgy, Greg; legislative intern; commend...................................................... HR 2261 American Association; Opioid Dependence; commend ...................................... HR 2203 American Association; Treatment of Opioid Dependence; commend ................ HR 2191 American Red Cross Month in Georgia; March, 2006; proclaim ........................ HR 1750 America's Promise Week in Georgia; April 17 through April 23, 2006; recognize............................................................................................................ HR 2157 Anderson, Honorable Alberta J.; commend ......................................................... HR 2115 Anderson, Pastor Stanford L., I; 25th anniversary at Piney Grove Baptist Church; commend ................................................................................. HR 1987 Anderson, Yolanda C.; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend .......................................... HR 1509 Angel Flight of Georgia; commend...................................................................... HR 1642 Anglin, Chris; commend ...................................................................................... HR 2339 Annual M. L. K., Jr. memorial parade in Newnan; commend leaders and participants......................................................................................................... HR 1245 Archer, Mr. William C.; retirement; commend.................................................... HR 1736 Archie, Winona; commend................................................................................... HR 2337 Arnold, Kayla; Gwinnett County Spelling Bee Champion; recognize ................ HR 1845 Arnold, Mrs. Mary Bryan Weaver; 100th birthday; congratulate........................ HR 1140 Arsha Vijnana Mandiram; commend ................................................................... HR 2147 Ashmore, Millie Augustus Haynes; outstanding citizen; honor .......................... HR 1895 Assar, Yasmin; Distinguished Finalist in the Prudential Spirit of Community Awards; commend......................................................................... HR 1620 Association of Black Cardiologists; commend .................................................... HR 1670 Association; Study of African-American Life and History, Inc.; commend ....... HR 2347 Atherton, Reid; 2005 11 Year Old Buford Wolves; commend............................ HR 1578 Atlanta Alumnae Chapter of Delta Sigma Theta Sorority, Inc.; commend ......... HR 1617 Atlanta Motor Speedway Day at the Capitol; March 16, 2006; designate........... HR 1855 Atlanta Technical College; commend .................................................................. HR 1647 Autrey Mill Middle School; commend ................................................................ HR 1598 Avondale High School Lady Blue Devils basketball team; commend ................ HR 1841 Refer to numerical index for page numbers INDEX 6279 Awe, Ayomide, Oladeji, and Olasina; commend................................................. HR 1779 Ayers, Dustin Douglas; commend........................................................................ HR 1132 Backstrom, Bailey, Livingston, and Sproul; 2006- What Would You Say? contest winners; commend ....................................................................... HR 1926 Bagley, Melvin; commend ................................................................................... HR 1105 Ball, Captain Jason P.; commend......................................................................... HR 1811 Bankston, Andrea; commend ............................................................................... HR 2301 Bankston, Corey Antonio; commend ................................................................... HR 2352 Bankston, Corey Antonio; Eagle Scout; commend.............................................. HR 2322 Barber, Cecil; former Clinch County High School baseball Coach; Georgia Dugout Hall of Fame; commend ......................................................... HR 1450 Barber, Tamalyn; outstanding contributions to education; commend ................. HR 1417 Barker, Barbara Brown; commend....................................................................... HR 1995 Barnes, Honorable Mike; commend..................................................................... HR 2116 Barrett, Lonice C.; commend ............................................................................... HR 1171 Bass, Antoinette; future leader; commend ........................................................... HR 1865 Bates, Chief Bill; City of Alpharetta Fire Department; 35 years service; commend ........................................................................................................... HR 2329 Bates, Colonel William L., Jr.; commend ............................................................ HR 1512 Batishchev, Ivan; STAR student for Rome High School; commend................... HR 2034 Battles, Charles; commend................................................................................... HR 2299 Baugh, Mary; commend ....................................................................................... HR 1219 Beasley, Leigh; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend............................................................. HR 1503 Bechtel, Ms. Leslie; retirement; commend .......................................................... HR 1530 Beeler, Victoria; outstanding contributions to education; commend................... HR 1407 BeGasse, Andrew Thomas; Eagle Scout; commend............................................ HR 1711 Bell, O'Neil; commend ......................................................................................... HR 1979 Bennett, Alan; honor ............................................................................................ HR 2008 Bennett, Mr. George; commend ........................................................................... HR 2256 Bennett, Deborah; Rome City Schools Teacher of the Year; commend.............. HR 2011 Bennett, Pat; commend......................................................................................... HR 2114 Benson, Bryce; 2005 11 Year Old Buford Wolves; commend ............................ HR 1579 Benson, Pastor Micheal; honor and commend..................................................... HR 2169 Bentley, Upshaw C, Jr.; commend ....................................................................... HR 1483 Berkmar High School; Academic Decathlon champs; commend........................ HR 1765 Berrien County; 150th anniversary; commend .................................................... HR 1522 Berry, Joy Smith; commend................................................................................. HR 1836 Binion, Mr. Jeff; Coweta Judicial Circuit; retirement; congratulate.................... HR 1153 Black Contractors Day in Georgia; February 2, 2006; recognize ........................ HR 1178 Blair, Mrs. Johnnie; Teacher of the Year; Commerce City School System; commend ............................................................................................. HR 1144 Blairsville Scottish Festival and Highland Games; commend ............................. HR 1912 Refer to numerical index for page numbers 6280 INDEX Blanchard, Mr. James H.; chairman of Financial Services Roundtable; commend ........................................................................................................... HR 1992 Bluegrass Music Week in Georgia; May 1st through 7th; recognize .................. HR 2079 Bluegrass Music Week in Georgia; recognize ........................................................SR 844 Bofinger, Michael; commend............................................................................... HR 2351 Boone, Reverend Joseph Everhart; commend...................................................... HR 1380 Borders, Honorable Ron; commend..................................................................... HR 2094 Boulware, Chris; 2005 11 Year Old Buford Wolves; commend ......................... HR 1587 Bowen, George W.; commend ............................................................................. HR 1385 Boy Scout Day in Georgia; March 1, 2006; recognize ........................................ HR 1573 Boyd, Colonel Willie; commend.......................................................................... HR 2185 Boykin, Berl; commend ......................................................................................... HR 907 Bracewell, Danielle; commend ............................................................................ HR 2187 Brady, Mr. and Mrs. Don; 50th wedding anniversary; congratulate ................... HR 2056 Branch Banking & Trust Co.; commend.............................................................. HR 1273 Branch, David Parker; Eagle Scout; commend.................................................... HR 1701 Brantley County 9-10 year-old girls' softball team; congratulating..................... HR 1076 Brazeal, Michael David; Eagle Scout; commend................................................. HR 1717 Breed, Rev. J. Fred and Mrs. Sarah Kathryne Quirey Breed; commend ............. HR 1188 Bridges, James A.; commend ............................................................................... HR 1944 Bridges, Ms. Suzanne; commend ......................................................................... HR 2240 Brittain, Mary K., D.C.; commend....................................................................... HR 2269 Broman, Elizabeth J.; Georgia Outstanding Scholar; commend.......................... HR 1757 Brooks, Damien Alexander; STAR student Trion High School; commend ........ HR 1950 Brooks, Damien; Trion High School debate team; commend ............................. HR 1946 Brookwood High School Broncos football team; commend ............................... HR 2044 Brookwood High School; Governor and First Lady's after-prom party; congratulate ....................................................................................................... HR 2122 Brown, Bessie; future leader; commend .............................................................. HR 1870 Brown, John; commend........................................................................................ HR 1989 Brown, Kidada; commend.................................................................................... HR 2312 Brown, Leslie; future leader; commend ............................................................... HR 1872 Brown, Mrs. Maynard G.; 97th birthday; congratulate........................................ HR 1135 Brummett, Jordan C.; service as local legislation aide; commend ...................... HR 2349 Brunt, Ingrid and Jan Collins; commend ............................................................. HR 1454 Bryan, Mr. Robert; Commerce High School STAR teacher; commend.............. HR 1478 Buckhead Baseball 12 Year Old All Stars; state title winner; commend ............ HR 1625 Budd, Carrie L.; commend ................................................................................... HR 1277 Bunn, Barbara; retirement; commend .................................................................. HR 2125 Burgess, Cara; Distinguished Finalist; Prudential Spirit of Community Awards; commend............................................................................................. HR 1787 Burgess, Ms. Ann; Armuchee High School STAR teacher; commend ............... HR 2022 Burnette, Charity; future leader; commend.......................................................... HR 1864 Refer to numerical index for page numbers INDEX 6281 Burns, Ms. Carla; Lanier County High School's Teacher of the Year; commend ........................................................................................................... HR 1446 Burson, Mr. Mahlon; 26 years of dedicated public service; commend ............... HR 1350 Butler, Deputy Sheriff Chuck; recognize and commend ..................................... HR 1908 Butler, Ms. Kesha Thomas; commend ................................................................. HR 2236 Byck, Edwin Rothschild; recognize ..................................................................... HR 1672 Byers, Anderson S.; career in education; recognize............................................. HR 1640 Bynum, Prophetess Dr. Juanita; commend .......................................................... HR 2202 Cabat, Irena; commend......................................................................................... HR 2085 Cabinian, Melissa; Georgia Outstanding Scholar; commend .............................. HR 1749 Caldwell, Ms. Katrina Parker; commend ............................................................. HR 2221 Campbell, David Leonard, Sr.; commend............................................................ HR 1611 Campbell, Sally; Sheltering Arms Early Education and Family Centers; honor contributions............................................................................................ HR 1839 Capitol Tech Day; January 30, 2006; recognize .................................................. HR 1184 Cargile, Kathryn Bayman; Georgia Outstanding Scholar; commend .................. HR 1738 Carl, Daniel; commend......................................................................................... HR 2276 Carl, Mr. Doug and Mr. Dedrick Muhammad; recognize.................................... HR 1786 Carone, Christina; outstanding contributions to education; commend ................ HR 1421 Carroll County Chamber of Commerce; commend ............................................. HR 1185 Cavan, Mike; commend ....................................................................................... HR 1901 Cawthon, Ms. Robyn Bailey; commend .............................................................. HR 2247 Cawthon, Ms. Robyn Bailey; commend .............................................................. HR 2250 Caylor, Jennifer M.; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend........................................................ HR 1506 Chamberlin, Daniel; Eagle Scout; commend ....................................................... HR 1071 Champlin, Kristie; Jefferson High School STAR student; commend.................. HR 1479 Chandler, Mr. Todd; Jackson County Comprehensive High School STAR teacher; commend .................................................................................. HR 1480 Chaney, Andrea; commend .................................................................................. HR 1616 Chattahoochee High School Cougars baseball team; commend.......................... HR 2166 Cheatham, Brandon; 2005 11 Year Old Buford Wolves; commend ................... HR 1567 Cherne, Marion; outstanding contributions to education; commend ................... HR 1413 Cherokee County Republican Women's Club; commend.................................... HR 1804 Cherry, Dr. James L.; distinguished Georgian; commend ................................... HR 1828 Chestatee Wildlife Preserve; commend ............................................................... HR 1967 Chester, Ms. Emily Carruthers; commend ........................................................... HR 1220 Child Abuse Prevention Month; recognize .......................................................... HR 2161 Childers, James; commend................................................................................... HR 1775 Childs, Elaine; Girl Scouts of America Gold Award; commend ......................... HR 1593 Choate, Sam; commend........................................................................................ HR 2155 Christian Family Fellowship Baptist Church; congratulate and commend ......... HR 2004 Christian Missionary Baptist Church; 20th Anniversary; honor.......................... HR 1886 Refer to numerical index for page numbers 6282 INDEX Christopher, Ms. Anne; 111th birthday; congratulate.......................................... HR 1947 Chu, Christina; commend..................................................................................... HR 2286 Church, Mr. and Mrs. Charles Lewis; 75th wedding anniversary; congratulate ....................................................................................................... HR 2257 Churchill's Pub; congratulate ............................................................................... HR 1370 Churney, John; STAR student for Barrow County; commend ............................ HR 1848 CITGO Asphalt Refining Company; congratulate............................................... HR 1375 City of Adairsville Public Servants Appreciation Day; recognize....................... HR 1898 City of Adel in Cook County; "City of Daylilies"; recognize.............................. HR 1494 City of Riverdale; support during Hurricane Katrina; commend......................... HR 2177 Civil Air Patrol Day; March 16, 2006; recognize ................................................ HR 1545 Clark Creative and Cari Clark; recognize ............................................................ HR 1668 Clark, Dequan; 2005 11 Year Old Buford Wolves; commend ............................ HR 1576 Clark, James David Keane; State Spelling Bee Champion; recognize ................ HR 1217 Clark, Letitia; Legislative Intern of the Year; commend ..................................... HR 2268 Clarke, Dr. Dennis; 2006-2007 Principal of the Year for Georgia; commend ........................................................................................................... HR 1853 Class of Leadership Glynn 2005; commend ........................................................ HR 1412 Clayborn, Mrs. Lois Doggett; 100th birthday; congratulate ................................ HR 1362 Clayton County Juvenile Court; commend .......................................................... HR 1379 Cobb County Daylily Society; commend............................................................. HR 2098 Cobb, Ms. Rhonda Dent; commend ..................................................................... HR 2228 Cobb, Ms. Rhonda Dent; commend ..................................................................... HR 2230 Cohutta First Baptist church; commend..................................................................SR 761 Coleman, House Speaker Emeritus Terry; commend .......................................... HR 2119 Coleman, House Speaker Emeritus Terry; commend .......................................... HR 2289 Coleman, House Speaker Emeritus Terry; express appreciation ......................... HR 2163 Coleman, Terry; Speaker Emeritus; retirement; congratulate.............................. HR 1974 Collins Hill High School Eagles; girls basketball team; commend ..................... HR 1825 Colquitt County, Georgia; 150th anniversary; honor........................................... HR 1359 Colquitt, City of; Georgia's First Mural City; designate ........................................ HR 754 Columbia County News-Tribune; 125th anniversary; commemorate ................. HR 1832 Columbia High School Eagles basketball team; 2006 Class AAAA state champs; commend ............................................................................................. HR 1842 Colwell, Kevin David; Eagle Scout; commend ................................................... HR 1709 Common Ground Productions; commend............................................................ HR 1133 Community Health Centers Day; recognize......................................................... HR 1177 Community Health Centers Day; recognize......................................................... HR 1193 Concepcion, Officer O. J.; commend ................................................................... HR 1058 Connell, Daniel Livingston; Eagle Scout; commend ........................................... HR 1722 Connell, Mr. Jack; honorary lifetime member of the Augusta Richmond County Committee for Good Government; commend .................... HR 2049 Constitution Day and Citizenship Day; designate................................................ HR 1493 Refer to numerical index for page numbers INDEX 6283 Contreras, Robert; 2005 11 Year Old Buford Wolves; commend ....................... HR 1566 Contributions of American Indians; recognize .................................................... HR 1311 Corbin, Alexander K.; commend ......................................................................... HR 1321 Corbin, Joseph Boggs; commend......................................................................... HR 1313 Court of Appeals of Georgia; 100th anniversary; congratulating ........................ HR 1117 Court of Appeals of Georgia; congratulate on 100th anniversary ..........................SR 649 Crabapple Crossing Elementary School; Single Statewide Accountability System Platinum Award; commend .................................................................. HR 2208 Craig, Richard; City of McDonough mayor; commend....................................... HR 1400 Crawford, Annie Myrt Adams; honoring............................................................. HR 1183 Crawford, Special Agent Thomas, III; commend ................................................ HR 1064 Critical Conditions Health Decisions Month in Georgia; recognize ................... HR 1730 Cross, Dr. James; 75th birthday; recognize.......................................................... HR 1916 Crosswhite, Ms. Ginger; Barrow County STAR teacher; commend ................... HR 1847 Crowe, Frank; future leader; commend................................................................ HR 1880 Crowe, Mr. Arthur Lyons, Jr.; 2005 Smyrna Citizen of the Year; commend ........................................................................................................... HR 2297 Crump, Charles Tyler; Eagle Scout; commend.................................................... HR 2015 Crutchfield, Mr. Clyde Yates; commend ............................................................. HR 2154 Cuffie, Ms. Jacquelyn Thona Smith; commend................................................... HR 2225 Culpepper, Mr. Dave; Georgia's National Distinguished Principal for 2006; commend ................................................................................................. HR 1785 Cummings, Honorable Bill; commend................................................................. HR 2092 Curry, Rebecca J. "Becci"; commend .................................................................. HR 2200 Curry, Reverend Michael; Hickory Grove Missionary Baptist Church of Sparta, Georgia; welcome ................................................................................. HR 1215 Dance, Colleen; Girl Scouts of America Gold Award; commend ....................... HR 1591 Daniel, Coach Mark D.; contributions to education; Screven County; commend ........................................................................................................... HR 2197 Daniel, Rita; future leader; commend .................................................................. HR 1874 Daniell, Melissa; outstanding contributions to education; commend .................. HR 1416 Darton College golf team; commend ................................................................... HR 1062 Davenport, Drew; Georgia Outstanding Scholar; commend ............................... HR 1755 David, John Michael; Commerce High School STAR student; commend.......... HR 1481 Davidson, Brian David; Eagle Scout; commend.................................................. HR 1710 Davis, Angela; outstanding contributions to education; commend ..................... HR 1404 Davis, Colonel James Ron; Mr. Cobb County 2006; commend .......................... HR 1638 Davis, Specialist Raymond Keith, Jr.; commend................................................. HR 1160 Dawson, Ellen; outstanding contributions to education; commend..................... HR 1422 Dawson, Pastor Jermaine; commend ................................................................... HR 1251 de Give, Laura Elizabeth; Girl Scouts of America Gold Award; commend........ HR 1769 Deen, Mr. Vivian; commend................................................................................ HR 2324 Deen, Ms. Paula; commend.................................................................................. HR 1191 Refer to numerical index for page numbers 6284 INDEX DeKalb County Community Human Relations Commission; 35th anniversary; commemorate ............................................................................... HR 1652 DeKalb County; adoption of stream buffer protection; commend....................... HR 1695 DeLoach, Homer M. "Buddy"; honor and commend........................................... HR 2323 DeLoach, Mr. John P.; commend......................................................................... HR 2348 Dental Hygienists' Appreciation Day; recognize ................................................. HR 1357 Derico, Tamesha Shante; STAR student; Dougherty County; commend............ HR 1766 DeWald, Officer Michael D.; commend .............................................................. HR 1057 Dillard, Mrs. Carrie Hill; retirement; commend .................................................. HR 1802 District 44 Days at the Capitol; January 24 and January 31, 2006; declare......... HR 1115 Dixon, Ms. Debbie; Ware County STAR teacher; commend .............................. HR 2310 Doctors Hospital Auxiliary; 30th anniversary; commend.................................... HR 2173 Dodd, Matthew Harrison; Eagle Scout; commend............................................... HR 1713 Drenner, Honorable Karla; commend .................................................................. HR 2028 Drewyer, Mr. Darwin R., Sr.; 100th birthday; congratulate ................................ HR 1244 Drummond, Anthony Carl; Eagle Scout; commend ............................................ HR 1704 Dublin High School varsity basketball team; 2006 state championship season; commend............................................................................................... HR 2188 Duke, Nellie; commend........................................................................................ HR 2133 Duluth Middle School Academic Bowl Team; commend ................................... HR 1702 Dunagan, Mr. Andy; 2005 Insurance Man of the Year; commend...................... HR 1212 Dunaway, Jan; commend ..................................................................................... HR 1808 Dunwoody Woman's Club; commend.................................................................. HR 1348 Duthler, Samantha; future leader; commend........................................................ HR 1866 Dye, Herbert J., III; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend........................................................ HR 1504 Dyer, Micajah Clark; commend ........................................................................... HR 1889 Dyer, Micajah Clark; self-taught inventor; commend ......................................... HR 1999 Eagles Landing Christian Academy; 109th District Art Project contest winner; congratulate .......................................................................................... HR 1543 Early, Dr. William L.; commend.......................................................................... HR 1278 Edelson, Julie; commend...................................................................................... HR 2089 Edelson, Julie; commend...................................................................................... HR 2215 Edge, Mr. Bryan; Trion High School STAR teacher; commend ......................... HR 1998 Elaine Clark Center; commend ............................................................................ HR 1644 Elder, Joshua; Jackson County Comprehensive High School STAR student; commend.............................................................................................. HR 1476 Elder, Mrs. Lillie Mae; 80th birthday; commend................................................. HR 2291 Ellenburg, Ms. Alana; Pepperell High School STAR teacher; commend ........... HR 2024 Ellis, Linda C.; commend....................................................................................... HR 905 Ellis, Mr. Marc; South Fulton Business and Empowerment Center; commend ........................................................................................................... HR 1456 Elmore, Dan; future leader; commend ................................................................. HR 1868 Refer to numerical index for page numbers INDEX 6285 El-Nahry, Fatma Y; commend ............................................................................. HR 2273 Emergency Medical Services Week; recognize services and professionals ........ HR 1973 Empress Itege Asfaw Day; March 25, 2006; recognize....................................... HR 1680 Engelhard; congratulate........................................................................................ HR 1377 Eriksen, Ms. Jennifer; 2007 Thomson Elementary School Teacher of the Year; commend.................................................................................................. HR 1099 Evans, Ms. Liz; 2007 Dearing Elementary School Teacher of the Year; commend ........................................................................................................... HR 1098 Evansdale Elementary School; 2006 Georgia School of Excellence; commend ........................................................................................................... HR 1909 Fair Oaks Community; commend; encourage Dobbins Air Force Base to protect oak trees in this community ................................................................ HR 908 Fairmont Restaurant and Pearl and Ron Beaupre; recognize............................... HR 1390 Farrar, Catherine; Trion High School debate team; commend ............................ HR 2037 Fayette County Department of Fire and Emergency Services; commend ........... HR 1252 Federal government; remove moratorium on offshore gas drilling; commend ........................................................................................................... HR 2216 Feldman, Stefanie; Distinguished Finalist; Prudential Spirit of Community Awards; congratulate..................................................................... HR 1544 Feltz, Ms. Karen S.; commend ............................................................................. HR 1254 Ferrell, Elder Willie, Pastor; commend................................................................ HR 1291 Finch, E. Lanier "Lanny"; commend.................................................................... HR 1671 First Newark Baptist Church; commend .............................................................. HR 2134 First students to integrate the Baker County schools; commend ......................... HR 1088 Fitzgerald High School Cheerleaders and coaches; 2005 AA State Championship; commend.................................................................................. HR 1148 Fitzpatrick, Mr. Clyde Nelson; commend ............................................................ HR 2046 Flamm, Brian Irving; Eagle Scout; commend...................................................... HR 1708 Floyd, Brent; 2005 11 Year Old Buford Wolves; commend ............................... HR 1577 Ford, Charles R.; Eagle Scout; commend ............................................................ HR 1161 Forestry Day at the Capitol; February 15, 2006; recognize ................................. HR 1381 Forrester, Derek; 2005 11 Year Old Buford Wolves; commend ......................... HR 1575 Foster, David; Director/Fire Chief; DeKalb County Fire and Rescue Department; commend ...................................................................................... HR 1439 Foster, Ms. Amber and Ms. Detrice Oglesby; commend..................................... HR 1181 Fowler, Angelica L.; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend........................................................ HR 1498 Fowler, Mr. Robert; Chartered Life Underwriter designation; commend ........... HR 1206 Fowler, Mrs. Pearl; commend .............................................................................. HR 1270 Fox, Paul Edward, Jr.; Eagle Scout; commend .................................................... HR 1189 Frady, Leigha A.; Georgia Outstanding Scholar; commend................................ HR 1751 Francis, Mr. Ronald H.; retirement; commend .................................................... HR 1984 Frazier, Matthew Thomas; Eagle Scout; commend ............................................. HR 1726 Refer to numerical index for page numbers 6286 INDEX Freeman, Margaret; commend ............................................................................. HR 2128 Freeman, Mr. M. Bryan; commend...................................................................... HR 1649 Friedman, Ross; commend ................................................................................... HR 2130 Frost, Ms. Lanita; Lanier County Elementary School's Teacher of the Year; commend.................................................................................................. HR 1449 Frost, Ms. Lanita; Lanier County Teacher of the Year; commend ...................... HR 1448 Fudge, Mayor Marcia L.; commend..................................................................... HR 1614 Fuller, Reverend Dan "Pastor Dan"; commend.................................................... HR 1134 FunCity Party Rentals; commend......................................................................... HR 2091 Galloway, Mrs. Virginia; commend..................................................................... HR 1436 Gant, Clay; 2005 11 Year Old Buford Wolves; commend .................................. HR 1595 Gantt, Miles Lee; Eagle Scout; commend............................................................ HR 1723 Garner, Dr. Chuck; commend .............................................................................. HR 2338 Garrett, Kathi Lea; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend........................................................ HR 1508 Gartin, John Ryan; Eagle Scout; commend ......................................................... HR 1718 Gatanis, Harry Stephen, Jr.; Eagle Scout; commend ........................................... HR 1716 Gatny, Officer Beth; commend ............................................................................ HR 1068 Gaupp, Eric Andrew; Eagle Scout; commend ..................................................... HR 1964 Gazaway, Cameron; 2005 11 Year Old Buford Wolves; commend .................... HR 1600 Geary, Jill; outstanding contributions to education; commend............................ HR 1402 Geisinger, Representative Harry; commend ........................................................ HR 1334 Gemzer, Erika; Girl Scouts of America Gold Award; commend ........................ HR 1590 General Assembly's information technology staff; express appreciation ............ HR 2159 George, Ms. Diane Denise; commend.................................................................. HR 2246 Georgia Annual Conference at Greater Mount Zion A.M.E. Church; commend ........................................................................................................... HR 2285 Georgia Commission on Women; commend ....................................................... HR 2282 Georgia Commission on Women; first members; commend ............................... HR 2271 Georgia Farm Bureau; commend ......................................................................... HR 1092 Georgia Foundation for Independent Colleges, Inc.; 50th anniversary; commend ........................................................................................................... HR 1426 Georgia Iris Society; commend............................................................................ HR 2153 Georgia Micro Enterprise Network; commend.................................................... HR 1759 Georgia Parent Teacher Association (PTA); commend....................................... HR 1327 Georgia Peanut Festival; commend...................................................................... HR 2030 Georgia Pharmacy Association; pharmacists of Georgia; commend................... HR 1261 Georgia R.O.C.S.; Reach Them 2 Teach Them Foundation; commend.............. HR 2192 Georgia Real Estate Appraisers Day; recognize .................................................. HR 1308 Georgia Rural Health Association and Day; commend ....................................... HR 1243 Georgia Sports Hall of Fame; recognize efforts................................................... HR 2066 Georgia State University law students; Speaker's 2006 Law Student Externs; commend ............................................................................................. HR 2027 Refer to numerical index for page numbers INDEX 6287 Georgia Women's Intersport Network past presidents; commend....................... HR 2295 Georgia's Honorable Congressmen; Fair Tax Act; commend.............................. HR 1093 Georgia's restaurant industry; commend .............................................................. HR 1453 Georgia's Superior Court Clerks; commend......................................................... HR 1391 Georgia's sustainable and environmentally friendly businesses; commend ........ HR 1116 Gibbs, Robert Irving; Eagle Scout; commend ..................................................... HR 1724 Gideons Elementary School; honor...................................................................... HR 1831 Gilliard, Pastor Carl W. Scott; commend............................................................. HR 1163 Gilmore-Bass, Ms. Zeporia Christine; commend................................................. HR 2253 Ginn, Alexander Johnston; Eagle Scout; commend............................................. HR 1091 Glass, Christine Lowe; honor............................................................................... HR 2234 Glass, Mr. Sherwin; commend ............................................................................. HR 1533 Glass, Mr. Sherwin; commend ............................................................................. HR 1602 Gleaton, Ms. Donna Lynn; commend .................................................................. HR 2241 Gleaton, Ms. Donna Lynn; commend .................................................................. HR 2245 Glover, Renee Lewis; recognize .......................................................................... HR 2083 Godfrey, R. T.; retirement from Austell City Council; commend ....................... HR 1139 Goggans, Matthew Vincent; Eagle Scout; commend........................................... HR 1496 Golden, Judy; commend....................................................................................... HR 2103 Gospel Harvester World Outreach Center; commend.......................................... HR 2097 Gossett, Joseph Allen; commend ......................................................................... HR 1118 Grady Health System's Patient Safety Committee; commend ............................. HR 1612 Grady, Margaret Cox; commend.......................................................................... HR 2212 Greater St. Stephen Full Gospel Baptist Church; commend................................ HR 1843 Greco, Mary; commend........................................................................................ HR 2332 Green Pastures Christian Ministries; congratulate ............................................... HR 2121 Green, Anna; Fulton County Assistant District Attorney; commend .................. HR 1993 Greene, Coach Herbert; commend ....................................................................... HR 1382 Greene, Colonel Don; commend .......................................................................... HR 1742 Greeson, Mrs. Terrie; School Food Nutrition Manager of the Year; commend ........................................................................................................... HR 1317 Gregory, Matthew; commend............................................................................... HR 1438 Guerin, Zach; Eagle Scout; commend.................................................................. HR 1904 Gulfstream Aerospace Savannah; congratulate.................................................... HR 1386 Gunter, Melissa; STAR student for Apalachee High School; commend............. HR 1899 Gwinnett Medical Center Recognition Day; February 6, 2006; recognize.......... HR 1318 Hagan, Lee; Eagle Scout; commend .................................................................... HR 1690 Halford, Lauren; Miss Cobb County 2006; congratulate..................................... HR 1141 Hall, Joe; retirement; commend ........................................................................... HR 1761 Hall, Walter Moore IV; Eagle Scout; commend .................................................. HR 1714 Hamby, Roy; recognize and commend ................................................................ HR 1934 Hamilton, Robert; contributions to education in Fulton County; commend........ HR 2051 Hamlin, Craig; Eagle Scout; commend................................................................ HR 1526 Refer to numerical index for page numbers 6288 INDEX Hampton, Adria; commend .................................................................................. HR 1546 Hanson, Pastor Paul; commend............................................................................ HR 1167 Hardcastle, Dr. William; commend...................................................................... HR 1812 Harden, Dr. Scott R.; commend ........................................................................... HR 1373 Hardin, Betsy Ann; STAR student for Floyd County; commend ........................ HR 2035 Harkins, Ira T. "I.T."; 87th birthday; commend................................................... HR 1735 Harlin, Stephen; Eagle Scout; commend.............................................................. HR 1827 Harlon, Julia; Youth Art Month State Capitol Exhibit; commend....................... HR 1283 Harmony Elementary School; Single Statewide Accountability System Bronze Award; commend ..................................................................... HR 2174 Harper, Betty; future leader; commend................................................................ HR 1882 Harrell, James Christopher; Eagle Scout; commend............................................ HR 1817 Harris, Linda; commend....................................................................................... HR 2313 Harris, Ms. Cassie; Clayton County's Teacher of the Year; commend................ HR 1180 Harris, Ms. Keva Veronica; commend................................................................. HR 2237 Harris, Willie C; commend .................................................................................. HR 1203 Harrison High School's Advanced Placement Certified School status; commend ........................................................................................................... HR 1682 Harward, Michael Brian; Eagle Scout; commend................................................ HR 1721 Hatfield, Mrs. Imogene Campbell; 70th birthday; commend .............................. HR 2287 Hatfield, Mrs. Lee; Ware County High School STAR teacher; commend.......... HR 2298 Hawkins, Trina Howard; commend ..................................................................... HR 2162 Hawkinsville Harness Festival and Spring Celebration; commend..................... HR 1943 Hayes, Mary Kay; outstanding contributions to education; commend ................ HR 1409 Hayes, Mr. Pete; commend .................................................................................. HR 2330 Haynes, Reverend Doctor Richard Benjamin; commend .................................... HR 2062 Healey, Susan; commend ..................................................................................... HR 2102 Heaton, Steve; contributions to Valdosta Police Department; recognize ............ HR 1969 Helms, Season; Trion High School debate team; commend................................ HR 1997 Henry Co. High School varsity baseball team; 2005 AAAA state championship; congratulate............................................................................... HR 1249 Henry County 2006 STAR Students; commend .................................................. HR 1991 Henry County High School Naval JROTC Air Rifle Team; commend............... HR 2270 Henry County High School wrestling team; 4AAAA State Dual Champion winner; commend ............................................................................ HR 2099 Henry County Middle School; Education Service Agency Academic Bowl winner; congratulate ................................................................................ HR 1972 Henry County STAR teachers; commend ............................................................ HR 1990 Henry W. Grady School of Journalism and Mass Communications; University of Georgia; 90th anniversary; commend ......................................... HR 1119 Henry, James T., Sr.; commend ........................................................................... HR 1914 Herndon, Mrs. Grace Hardin; 90th birthday; congratulate .................................. HR 1151 Heyward, Quentin A.; Georgia Outstanding Scholar; commend......................... HR 1756 Refer to numerical index for page numbers INDEX 6289 Hicks, Mr. Jim; recognize .................................................................................... HR 1678 "High Tech Day"; February 15, 2006; recognize................................................. HR 1358 Hill, Kellie Stevens; Fulton Co. Assistant District Attorney; commend ............. HR 1994 Hill, Sheriff Victor K.; Cassells, Chief Tee; heroic efforts during Hurricane Katrina; commend ............................................................................ HR 2205 Hillinger, Mr. Mark; Disney Teacher Award Nominee; commend ..................... HR 1352 Hinds, Kalon J.; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend............................................................. HR 1501 Hoard, Ed; inducted into PGA Golf Professional Hall of Fame; commend ........ HR 1120 Hoffmeyer, Allen; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend............................................................. HR 1511 Holbrook, Mrs. JoNan; national teacher certification; commend ........................ HR 1451 Holden, Kelsey; commend ................................................................................... HR 2300 Hollingshed, Mary Louise; commend .................................................................. HR 1806 Holmes, Jalisa; commend..................................................................................... HR 2277 Holmes, Mrs. Priscilla Lee; commend ................................................................. HR 2075 Home Education Day at the Capitol; recognize ................................................... HR 1179 Homlar, Kelly Cornett; graduation from medical school; congratulate............ HR 2059 Hosch, Coach Todd; commend ............................................................................ HR 1519 Hosch, Scotty; 2005 11 Year Old Buford Wolves; commend ............................. HR 1589 House Interns for the 2006 Regular Session; commend ...................................... HR 1894 House temporary employees for the 2006 Regular Session; commend............... HR 1893 Houseworth, Matt; future leader; commend ........................................................ HR 1875 Howard, Edward; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend............................................................. HR 1505 Howard, Paul; Fulton County District Attorney and prosecution team; commend ........................................................................................................... HR 1975 Howell, Reverend Dr. Laresse; commend ........................................................... HR 2327 Hubbard Alumni Association; commend ............................................................. HR 2266 Huckaby, Mr. Henry M.; retirement; commend................................................... HR 1651 Hudgins, Christopher John; Eagle Scout; commend............................................ HR 2016 Hudson, John; future leader; commend................................................................ HR 1863 Hudson, Ms. Eloise Johnson Tarver; commend................................................... HR 1896 Hudson, Ms. Eloise Johnson Tarver; commend................................................... HR 2054 Hugh C. Bailey Science Center Day in Georgia-April 10, 2006; recognize........ HR 2042 Hughes, Ms. Nicole; Disney Teacher Award Nominee; commend ..................... HR 1349 Hulsey, Mary Louise; 60 years service to First Baptist Church of Gainesville; commend ....................................................................................... HR 1211 Interfaith Outreach Home; commend................................................................... HR 1646 Isabel, Benjamin Edward; STAR student for Armuchee High School; commend ........................................................................................................... HR 1981 Jackson, Dr. Pam; retirement from the Ware County School System; commend ........................................................................................................... HR 2326 Refer to numerical index for page numbers 6290 INDEX Jackson, Jaron; 2005 11 Year Old Buford Wolves; commend ............................ HR 1601 Jadick, Dr. Rich; commend .................................................................................. HR 1963 Jadick, Dr. Richard; commend ............................................................................. HR 2029 Jaiteh, Suwaibou; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend............................................................. HR 1500 James, Elaine; commend ...................................................................................... HR 2336 James, Ms. Angela Yvonne; commend ................................................................ HR 2251 Jameson Inns, Inc; recognize and commend ........................................................ HR 2138 Jarrett, Mr. Ryan; All-Around Cowboy world title; commend............................ HR 1455 Jefferson High School wrestling team; Class A state champions; commend ........................................................................................................... HR 1623 Jefferson, City of; 200th anniversary of founding; commend ............................. HR 1529 Jenkins, Matthew; Eagle Scout; commend .......................................................... HR 1360 Jewish Federation of Greater Atlanta; 100 year anniversary; commend ............. HR 2141 Jimoh, Olanrewaju Y.; Georgia Outstanding Scholar; commend........................ HR 1746 Johnson, Dr. Dianna; commend ........................................................................... HR 2111 Johnson, Johnny; commend ................................................................................. HR 2009 Johnson, Mr. Gerald; commend ........................................................................... HR 2124 Johnston, Special Agent Brian; commend ........................................................... HR 1063 Jones, Anne-Marie; outstanding contributions to education; commend.............. HR 1420 Jones, Becky; future leader; commend................................................................. HR 1881 Jones, Deputy Sheriff Steven; commend ............................................................. HR 1626 Jones, Lewis; commend ....................................................................................... HR 2334 Jones, Ms. Evangela Dawsey; commend ............................................................. HR 2218 Jones, Ms. Evangela Dawsey; commend ............................................................. HR 2229 Jonesboro High School mock trial team; commend............................................. HR 2280 Joyce, Dr. Teresa; commend ................................................................................ HR 1130 Junior League of Atlanta, Inc.; 90th anniversary; recognize ............................... HR 2084 K-6 Chess Team; St. Timothy United Methodist School; 12th place win; congratulate ....................................................................................................... HR 1137 Kaley-Kumpf, Ms. Gail; retirement; commend ................................................... HR 1760 Kaneb Terminals & ST Services; congratulate .................................................... HR 1376 Keen, Mr. Jack N.; Jefferson High School STAR teacher; commend ................. HR 1477 Keeney, Ms. Lianne; 2nd ALA/ALTA National Advocacy Honor Roll; commend ........................................................................................................... HR 1142 Keep Georgia Beautiful Program; commend ....................................................... HR 1170 Kellam, Kyle; 2005 11 Year Old Buford Wolves; commend .............................. HR 1588 Kelly, Joseph M.; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend............................................................. HR 1502 Kemp, Mr. W. Burton; contributions to the Sylvania, Georgia, community; commend ....................................................................................... HR 2156 Kennesaw Youth Council and the Acworth Youth Council; commend .............. HR 1127 Kenty, Major John; commend .............................................................................. HR 2315 Refer to numerical index for page numbers INDEX 6291 Kesler, Patricia; Governor of Georgia District of Pilot International; commend ........................................................................................................... HR 1814 Khan, Fahad; STAR student for John McEachern High School; commend........ HR 1956 Kia Motors Corporation; welcome to Georgia..................................................... HR 2131 Kimbrough, Dr. Walter L.; Senior Pastor of Cascade United Methodist Church; commend ............................................................................................. HR 2076 Kimbrough, Taylor; commend ............................................................................. HR 1444 Kinard, Veronica; Girl Scouts of America Gold Award; commend .................... HR 1619 King, Dr. Ralph D.; commend ............................................................................. HR 1691 King, Mr. John; contemporary master barbering competition; first place; congratulate ....................................................................................................... HR 2095 Kinship Care Resource Center; commend ........................................................... HR 2296 Kirby, Roger; commend ....................................................................................... HR 2302 Kittredge Magnet School; High Achievers; commend ........................................ HR 1788 Kiwanis Club of Fairfield Plantation; commend.................................................. HR 1729 Knox, Jessica Lynn; Girl Scouts of America Gold Award; commend ................ HR 1824 Kranz, Rabbi Philip N.; retirement; commend..................................................... HR 1837 Krispy Kreme Doughnuts, Inc.; Ponce de Leon location; commend................... HR 1996 Kuhlman, Dr. Cynthia; commend ........................................................................ HR 1838 Kunzleman, Cameron; Trion High School debate team; commend .................... HR 1978 LaGrange College Day; recognize January 24, 2006..............................................SR 643 Lakeview-Fort Oglethorpe High School; commend ............................................ HR 1762 Land Resource Companies; commend ................................................................. HR 2179 Lane, Darin M.; Georgia Outstanding Scholar; commend................................... HR 1744 Lanier, Dwight David; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend .......................................... HR 1510 LaVaughn, Bishop Charles and Evangelist; 50th wedding anniversary; commend ........................................................................................................... HR 1525 Le, Leslie; commend ............................................................................................ HR 2314 Leadership Clayton 2006, class of; commend ..................................................... HR 1253 Leadership Cook 2005, class of; commend ......................................................... HR 1070 Lee, Adam; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend............................................................. HR 1497 Lee, Mr. Teddy; commend ................................................................................... HR 1840 Legrant, Rick; 2005 11 Year Old Buford Wolves; commend.............................. HR 1585 Lenihan, Robert J. "Bobby"; commend................................................................ HR 1089 Level Creek Elementary School; Single Statewide Accountability System Platinum Award; commend .................................................................. HR 2170 Lewis Academy of Excellence Charter School; commend.................................. HR 2176 Lewis, Coach Jimmie; commend ......................................................................... HR 2151 Lewis, Ms. Dorothy L.; commend ....................................................................... HR 2232 Lewis, Ms. Dorothy L.; commend ....................................................................... HR 2252 Links Incorporated; City of LaGrange; commend ............................................... HR 1131 Refer to numerical index for page numbers 6292 INDEX Lipton, Mr. David; commend............................................................................... HR 1780 Lodge 187 of the Woodmen of the World; 100th anniversary; commend .......... HR 1818 Logan, Mr. Bob; Wright Brothers Master Pilot Award; commend ..................... HR 1138 Lorenzo, Dr. Samuel J.; commend ....................................................................... HR 2019 Loudermilk, Mr. Shirley C.; commend ................................................................ HR 2196 Lowndes High School Georgia Bridgemen Band; commend .............................. HR 1332 Lowndes High School Viking football team; commend...................................... HR 1333 Luders, Brandon; Georgia Outstanding Scholar; commend ................................ HR 1754 Lueken, Amy; outstanding contributions to education; commend ...................... HR 1408 Macon, Mr. and Mrs. George; 65th wedding anniversary; commend ................. HR 1471 Maddox, Connie; future leader; commend........................................................... HR 1879 Maddox, Major C. R. (Rodney); retirement; commend....................................... HR 1689 Mahar, Carolyn; commend................................................................................... HR 2145 Mallias, Alexandros P.; Greek Ambassador; commend ...................................... HR 1459 Manis, Ms. Karin; 2005-2006 Buford City School Teacher of the Year; commend ........................................................................................................... HR 2190 Manning, Billy G.; commend............................................................................... HR 1854 Maret, Mr. Herbert; commend ............................................................................. HR 2182 Marietta Board of Lights & Waterworks; 100th anniversary; congratulate ........ HR 1136 Marshall, Lisa; future leader; commend............................................................... HR 1873 Martucci, Renea; Girl Scouts of America Gold Award; commend ..................... HR 1592 Mason, Grace Pauline; celebrate the arrival......................................................... HR 1935 Mason, Todd; commend....................................................................................... HR 2274 Mathis, Colonel Twala Denise; commend ........................................................... HR 1902 Mattie Call alert system for missing adults; recognize ........................................ HR 2118 Mattox, Sergeant Doug; commend....................................................................... HR 1059 Maw, Michael Joseph William; University System of Georgia; Outstanding Scholar; Academic Recognition Day; commend.......................... HR 1442 Maxey, Andrew Morgan; Eagle Scout; commend ............................................... HR 1719 Maxey, Tyler Joseph; Eagle Scout; commend ..................................................... HR 1720 May, Charles Bush, III; commend ....................................................................... HR 2214 Mayberry-White, Mimi; outstanding contributions to education; commend ........................................................................................................... HR 1423 Mayhew, Laura Lynn; Georgia Outstanding Scholar; commend ........................ HR 1740 McAndrew, Betty; commitment to helping others; commend............................. HR 2127 McClendon, Dr. Bettye; Georgia Sports Hall of Fame induction; honor ............ HR 2283 McFall, Mrs. Mary Edith; 89th birthday; congratulate ........................................ HR 1293 McGehee, Clark; STAR student for Rome; commend ........................................ HR 2036 McGill, Emily R.; Georgia Outstanding Scholar; commend ............................... HR 1745 McGinnis, Mr. David; president of Security Exchange Bank; commend appointment ....................................................................................................... HR 2112 McKeithan, Sergeant Michael; commend ............................................................ HR 1060 McNally, John; commend .................................................................................... HR 1641 Refer to numerical index for page numbers INDEX 6293 McRae, Mr. Buford W.; commend....................................................................... HR 1639 McWhorter, Coach Rich; contributions to Charlton County and athletics; commend ........................................................................................................... HR 2340 Meadows, John William and Brian Patrick; celebrate births ............................... HR 2107 Meehan, Tyler Johnson; commend ...................................................................... HR 1090 Meeks, Mark and Regina; commend.................................................................... HR 1915 Mehmood, Seleha Hina; Georgia Outstanding Scholar; commend ..................... HR 1753 Mengak, Christopher Thomas; Eagle Scout; commend....................................... HR 1067 Mental Health Day at the capitol; February 6, 2006; recognize .......................... HR 1162 Merritt, Kyle; Eagle Scout; commend.................................................................. HR 2272 Midvale Elementary School; 2006 Ga. School of Excellence; commend ........... HR 1911 Milford Church of God; commend....................................................................... HR 2105 Millby, Louella; commend ................................................................................... HR 2333 Miller County; 150th anniversary of founding; commend................................... HR 1473 Miller, Jason Robert; Eagle Scout; commend...................................................... HR 1707 Miller, Megan; Girl Scouts of America Gold Award; commend......................... HR 1618 Miller, Timothy B.; commend and salute ............................................................ HR 1862 Minority Entrepreneurship Education Day; April 8, 2006; recognize................. HR 1665 Miracle, Mrs. Fannie F.; 101st birthday; congratulate......................................... HR 2033 Mitchell, Mrs. Libby; Lithonia City Council service; commend......................... HR 1263 Mitchell, Ms. Yvonne; commend......................................................................... HR 2293 Mitchell, Reverend Dr. Bennie R.; commend...................................................... HR 1356 Mitchell, Sally; outstanding contributions to education; commend..................... HR 1415 Moore, Maya; Miss Georgia Basketball; commend............................................. HR 1985 Moran, Lieutenant Kevin; commend.................................................................... HR 1072 Morgan County High School; Lady Bulldogs fast pitch softball team; commend ........................................................................................................... HR 1968 Morgan, Sarah Elizabeth; STAR student; Chattooga High School; commend ........................................................................................................... HR 1988 Morris, Ms. Sue; retirement; commend ............................................................... HR 2207 Morrison, Diana; Advertising Specialty Services; congratulate .......................... HR 1368 Mortensen, Ms. Susan; Apalachee High School STAR teacher; commend ........ HR 1846 Mosley, Hinson; commend................................................................................... HR 2219 Mosley, Zach; commend ...................................................................................... HR 1222 Motorcycle Awareness and You Month; May, 2006; recognize ......................... HR 1677 Moultrie, Robert L.; commend............................................................................. HR 1933 Mountain Park Elementary School; Single Statewide Accountability System Platinum Award; commend .................................................................. HR 2209 Mowery, Ms. Debra Dianne Dorough; commend................................................ HR 2231 Mowery, Ms. Debra Dianne Dorough; commend................................................ HR 2254 Mulkey, Larry; distinguished public service; recognize and thank ..................... HR 2077 Mullinax, Taylor; Distinguished Finalist in the Prudential Spirit of Community Awards; commend......................................................................... HR 1630 Refer to numerical index for page numbers 6294 INDEX Murdock, Jeffery Z.; Georgia Outstanding Scholar; commend ........................... HR 1747 Murphy, Thomas B.; former Speaker of the House; 82nd birthday; commend ........................................................................................................... HR 1801 Murray, Dr. David R.; commend ......................................................................... HR 1274 Musselman, Mr. Rodney; commend .................................................................... HR 1319 Naidu, Krelin; Eagle Scout; commend................................................................. HR 1725 National Assoc. for Music Education; Laura Bush, First Lady of the United States; commend.................................................................................... HR 1066 National Eating Disorders Awareness Week; recognize February 19-28, 2005 ..................................................................................................................... HR 253 National School Counseling Week; recognize..................................................... HR 1316 Navy League of the United States; commend ...................................................... HR 2199 Neal, Ms. Rhonda; commend ............................................................................... HR 2294 Neal, Patrick, Deputy; Peace Officer of the Year for Valor; commend .............. HR 1290 Nelson, Chris; commend ...................................................................................... HR 2195 Nelson, Ms. Sherryl, director; Clayton State University's Spivey Hall; commend ........................................................................................................... HR 1262 Nelson, Terrance; future leader; commend .......................................................... HR 1867 Ness, Kevin Edward; Eagle Scout; commend...................................................... HR 1712 New Hope Elementary School; commend ........................................................... HR 1784 Newsom, Fredric Thomas; Eagle Scout; commend ............................................. HR 1288 Nguyen, Cam Tu; commend ................................................................................ HR 2279 Norcross Blue Devils; championship season; commend ..................................... HR 2259 Norman, Rein; recognize and commend .............................................................. HR 1948 Norman, Riean; recognize and commend ............................................................ HR 2045 Northview High School girls volleyball team; commend.................................... HR 2052 Northwestern Middle School; Single Statewide Accountability System Platinum Award; commend............................................................................... HR 2164 Oaks, Mrs. Willie; 100th birthday; congratulate.................................................. HR 1542 Oconee County High School fastpitch softball team; commend ......................... HR 1518 Oettmeier, William Merrill "Bill", Jr.; commend ................................................ HR 1954 Old Savannah Tours and Will Green; recognize.................................................. HR 1669 Oliver, Joe; commend........................................................................................... HR 2292 Oliver, Ranger First Class (RFC) Mitchell N.; recognize.................................... HR 1675 O'Neal, Mr. Michael; Parent University; commend............................................. HR 1773 Owens Corning; congratulate............................................................................... HR 1371 Pacer, Kerry; commend.......................................................................................... HR 906 Palmer, Ms. Chanda; Teacher of the Year; Jackson Co. School System; commend ........................................................................................................... HR 1143 Pals, Ms. Lindy A.; Teacher of the Year; Jefferson Co. School System; commend ........................................................................................................... HR 1145 Papp, Dr. Daniel S.; president of Kennesaw State University; commend ........... HR 1650 Parikh, Mona; Girl Scouts of America Gold Award; commend .......................... HR 1572 Refer to numerical index for page numbers INDEX 6295 Parker, Pamela; outstanding contributions to education; commend .................... HR 1419 Parker, Walter; outstanding Georgian and statesman; commend ........................ HR 1822 Parks, Ms. Nakia Denise; commend .................................................................... HR 2226 Parks, Robbie; Georgia Outstanding Scholar; commend..................................... HR 1739 Parkview High School Concert Band; commend................................................. HR 2063 Parkview High School Literary Team; commend................................................ HR 2061 Parkview High School Science Bowl Team; commend....................................... HR 1953 Parkview High School swim and dive team; commend....................................... HR 1685 Parr, Mrs. Rachael; 2006 Georgia Science Teacher of the Year; commend........ HR 1763 Partnership for Health and Accountability; commend......................................... HR 1166 Passarello, Nicholas Anthony; Eagle Scout; commend ....................................... HR 1703 Pate, Ms. Anne Lewis; commend......................................................................... HR 2244 Pate, Nell; future leader; commend...................................................................... HR 1888 Patten Seed Company; Cox Century Award winner; honor & congratulate ....... HR 1826 PBX\Telecommunicators Club of Toccoa; commend ......................................... HR 1815 Peachtree Ridge High School RoboLions; commend .......................................... HR 2198 Peanut Butter and Jelly Day at the Capitol; recognize March 8, 2006 ...................SR 963 Pease, Mr. Richard; Rome High School STAR teacher; commend..................... HR 2038 Pereda, Ms. Ann; 2007 Thomson High School Teacher of the Year; commend ........................................................................................................... HR 1102 Perry, Dr. Alan; Chattooga High School STAR teacher; commend.................... HR 2001 Perry, Officer Gregory; commend........................................................................ HR 2101 Peters, Helmut; congratulate ................................................................................ HR 1372 Pettett, Ms. Mildred; commend............................................................................ HR 1622 Plantation Women's Club of Fairfield; commend ................................................ HR 1687 Pleasant Grove Elementary School; Single Statewide Accountability System Bronze Award; commend ..................................................................... HR 1813 Pohamba, Hifikepunye and Hon. Immanuel Ngatjizeko, MP; commend............ HR 2104 Police chiefs; heads of law enforcement agencies; day of recognition; commend ........................................................................................................... HR 1190 Polycystic Kidney Disease Awareness Week; September 9-16, 2007; recognize............................................................................................................ HR 2201 Poole, Bobby; Poole & Ramey Amoco Service; commend................................. HR 1204 Porter, Evan Jai; commend................................................................................... HR 2206 Potter, Pastor Clarence; commend ....................................................................... HR 2073 Precision Performance Motorcycles and Anthony Fregenti; recognize............... HR 1673 Prematurity Awareness Month; November, 2006; recognize .............................. HR 2160 Prestwood, Ried Andrew; Eagle Scout; commend .............................................. HR 1164 Price, Ms. Carol Jones; commend ........................................................................ HR 2243 Price, Ms. Carol Jones; commend ........................................................................ HR 2248 Price, Officer Mary; commend............................................................................. HR 1069 Price, Steve; commend ......................................................................................... HR 2281 Pridemore, Matt; athletic accomplishments; commend ....................................... HR 1903 Refer to numerical index for page numbers 6296 INDEX Pritchett, Dr. Stanley, Sr.; retirement; commend ................................................. HR 2167 Public health nurses; commend............................................................................ HR 1684 Public health nursing; recognize .......................................................................... HR 1484 Pugh, Justin Ryan; commend ............................................................................... HR 1314 Quick, Mrs. Adella Jenkins; 100th birthday; congratulate................................... HR 2180 Ramsey, Ms. Missy; Disney Teacher Award Nominee; commend ..................... HR 1354 Randle, Ms. Tiffaney S.; commend...................................................................... HR 2235 Randolph-Clay High School boys basketball team; Coach Joe Williams; commend ........................................................................................................... HR 1474 Reach Them 2 Teach Them Foundation; commend ............................................ HR 2193 Reagin, Ms. Nita; Putnam County Elementary School Teacher of the Year; commend.................................................................................................. HR 1597 Reece, Byron Herbert; honor as Georgia's Appalachian Poet/Novelist................. HR 297 Reed-Broadnax-Ingram Family Reunion; commend ........................................... HR 2096 Reese, Mrs. Edith Hardin; 100th birthday; congratulate...................................... HR 2142 Repple, Karla Jean and David Allan Zisook; commend on marriage.................. HR 1528 Revels, Emily (Mimi); outstanding contributions to education; commend ......... HR 1414 Richardson, Mr. David; John McEachern High School STAR teacher; commend ........................................................................................................... HR 1959 Richardson, Police Chief Charles R. "Dino"; commend...................................... HR 1629 Ricketson, Emily; First Place winner; fourth grade division of the Plains, Peanuts and a President Post Card Contest; commend ..................................... HR 1441 Ricketson, Mayor Edward D., Jr.; retirement; commend..................................... HR 1103 Rider, Mark Andrew; commend........................................................................... HR 1315 Riverdale High School Technology Student Association; honor ........................ HR 2148 Rivers, Jim; STAR student for Ware County High School; commend................ HR 2318 Roberson, Susan; outstanding contributions to education; commend ................. HR 1405 Robert J. Burch Elementary School; Title I Distinguished School; commend ........................................................................................................... HR 1470 Roberts, Dr. Scott; future leader; commend......................................................... HR 1876 Robinson, Selena; outstanding contributions to education; commend ................ HR 1406 Rollins, Raymond; commend ............................................................................... HR 1275 Rooks, Mr. George M.; commend........................................................................ HR 2183 Rosa Parks Day; February 6, 2006; recognize as................................................. HR 1276 Rose, Joseph Daniel; Georgia Outstanding Scholar; commend........................... HR 1752 Ross, Alice; commend.......................................................................................... HR 2074 Ross, Sheila; Fulton County Assistant District Attorney; commend................... HR 1977 Roswell North Elementary School; Single Statewide Accountability System Platinum Award; commend .................................................................. HR 2211 Rucker, Clint; Fulton County Assistant District Attorney; commend ................. HR 1976 Rutledge, Ms. Rebecca Rowlett; Georgia Department of Education; commend ........................................................................................................... HR 1540 RWP Engineering and Jim Rayburn; recognize................................................... HR 1387 Refer to numerical index for page numbers INDEX 6297 Sabree, Laila; commend ....................................................................................... HR 1075 Sadler, Mr. Andrew; commend ............................................................................ HR 2223 Saethang, Jonathan; commend ............................................................................. HR 2290 Saint Philip African Methodist Episcopal Church Choir Number One; commend ........................................................................................................... HR 2350 Salter, Joy Elizabeth; Georgia Outstanding Scholar; commend .......................... HR 1741 Saltimachio, Brenda; future leader; commend..................................................... HR 1878 Salvation Army Hispanic Corps; commend......................................................... HR 1645 Samuels, Rita; recognize and commend............................................................... HR 1727 Sanders, Ms. Debbie; 2005 Insurance Woman of the Year; commend ............... HR 1208 Sanders, Timothy James; STAR student; Model High School; commend .......... HR 2000 Sanderson, Jordan; Eagle Scout; commend ......................................................... HR 2149 Sandifer, Ms. Jennifer; 2007 Maxwell Elementary School Teacher of the Year; commend.................................................................................................. HR 1097 Sardis Presbyterian Church; 170th anniversary; commemorate .......................... HR 2087 Saunders, Logan; 2005 11 Year Old Buford Wolves; commend......................... HR 1570 Savannah Area Chamber of Commerce; 200th anniversary-commemorate........ HR 2113 Sawicki, Mr. Henley; South Cobb High School STAR teacher; commend......... HR 1957 Schaff, Stephen Robert; Eagle Scout; commend ................................................. HR 1715 Schmitt, Christina Ashley; commend................................................................... HR 1633 Schuster, Marvin; 2006 Jim Woodruff Jr. Memorial Award; commend ............. HR 1383 Schwarzkopf, General H. Norman; recognize ......................................................SR 1244 Scipio, Tony J.; law enforcement; commend....................................................... HR 1810 Sconyers Bar-B-Que; commend........................................................................... HR 1388 Scott, Dr. Paul; commend..................................................................................... HR 2165 Sebring, Officer Kevin; commend ....................................................................... HR 2100 Senior Connections; commend............................................................................. HR 1643 Senior Week at Capitol; February 27 through March 3, 2006; recognize ........... HR 1571 Sesquicentennial of the City of Hartwell; commemorate .................................... HR 2109 Shadowens, Coach Joe; Eagles Landing Christian Academy; commend ............ HR 1852 Sharp, Andrew Robert; Eagle Scout; commend................................................... HR 1322 Shaw, Phillip; Eagle Scout; commend ................................................................. HR 1353 Shepherd, Elizabeth Cravey; celebrate the birth .................................................. HR 1937 Shepherd, Henry Conway; celebrate the birth ..................................................... HR 1938 Shepherd, John Scott, Jr.; celebrate the birth ....................................................... HR 1936 Sherman, Officer Bruce; commend...................................................................... HR 2123 Shiraishi, John; Kubota Manufacturing of America Corporation (KMA); commend .......................................................................................................... HR 2005 Shorter, Ms. Loretta T.; commend ....................................................................... HR 2239 Shultz, Todd; commend ....................................................................................... HR 1910 Simons, Police Chief C. Frank; commend ........................................................... HR 1182 Simpson, Bobby; 2005 11 Year Old Buford Wolves; commend......................... HR 1581 Simpson, Ms. LeTrell E.; commend .................................................................... HR 1165 Refer to numerical index for page numbers 6298 INDEX Skipper, Jimmy; commend................................................................................... HR 2014 Slosheye Trail Big Pig Jig; commend .................................................................. HR 1541 Smiley, Tavis; commend...................................................................................... HR 1731 Smith, Burton, Sorenson, Andretti, Lester and Ragan; welcome to Atlanta Motor Speedway Day at the Capitol ................................................................. HR 1823 Smith, Derek; 2005 11 Year Old Buford Wolves; commend .............................. HR 1582 Smith, Honorable Paul; commend........................................................................ HR 2093 Smith, J. P. and Marie; recognize and commend ................................................. HR 2126 Smith, Marla; commend ....................................................................................... HR 2278 Smith, Mr. Roy L. "Chip", III; 2005 Conservationist of the Year for Bulloch County; commend................................................................................ HR 1224 Smith, Mrs. Lillian; 89th birthday; commend...................................................... HR 1782 Smith, Ms. DeShonda F.; commend .................................................................... HR 2227 Smoltz, Mr. John; commend ................................................................................ HR 1355 Smoot, Barbara; Georgia Outstanding Scholar; commend .................................. HR 1743 Snider, Dr. Jerry; 2007 McDuffie County Teacher of the Year; commend......... HR 1096 Snider, Dr. Jerry; 2007 Norris Elem. School Teacher of the Year; commend ........................................................................................................... HR 1101 Sorenson, Mr. Reed; commend ............................................................................ HR 1821 South Fulton Day at the Capitol; February 7, 2006; recognize............................ HR 1242 South Gwinnett High School Lady Comets basketball team; successful 2005-2006 season; commend ............................................................................ HR 1844 Southern States Energy Board; consideration of exploring for natural gas in coastal areas; commend................................................................................. HR 2217 Spain, Ross Butler; Eagle Scout; commend......................................................... HR 1705 Spiva, Mrs. Dora Hunter Allison; 101st birthday; congratulate .......................... HR 1310 Spivey, Sue; recognize and commend.................................................................. HR 2082 St. Pius X Catholic High School; forensic team; commend ................................ HR 1768 Stadnik, Ms. Pauline M.; Dougherty County Star teacher; commend ................. HR 1764 Stalb, Michael; future leader; commend .............................................................. HR 1884 Stancel, Sergeant Jerry; commend ....................................................................... HR 1073 Starr, Honorable Terrell; commend...................................................................... HR 2106 Starr, Ms. Jennie; Chattooga County School System Teacher of the Year; commend ........................................................................................................... HR 2032 State of Israel; fight against terrorism; commend ................................................ HR 1495 Statesboro High School Blue Devils Class AAAA champion football team; commend.................................................................................................. HR 1807 Stephens, Coach Glenn Michael; retirement; recognize and commend .............. HR 2053 Stephens, Ms. Tesharra C.; commend.................................................................. HR 2224 Stephenson High School Lady Jaguars junior varsity basketball team; commend ........................................................................................................... HR 2086 Stevens, Ricky Dean; commend........................................................................... HR 2013 Stewart, Bonnie; outstanding contributions to education; commend................... HR 1411 Refer to numerical index for page numbers INDEX 6299 Stokes, Dr. Jimmy C.; commend.......................................................................... HR 1679 Strickland, Linda; commend ................................................................................ HR 1331 Strickland, Tori; Girl Scouts of America Gold Award; commend ...................... HR 2306 Stubbs-Washington-Branson Family Reunion; commend................................... HR 2117 Sturdivant, Karen; recognize and commend ........................................................ HR 1962 Summit Hill Elementary School; Single Statewide Accountability System Platinum Award; commend .................................................................. HR 2210 Sundaresan, Nandhini; State Spelling Bee Champion; recognize ....................... HR 2181 Suwanee Elementary School; Single Statewide Accountability System Silver Award; commend ....................................................................... HR 2171 Svendsen, Amanda; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend........................................................ HR 1499 Swaney, Lee F.; commend ................................................................................... HR 1809 Sweatman, Preston; 2005 11 Year Old Buford Wolves; commend..................... HR 1586 Sweeney, Mr. Donald; STAR teacher for Rome; commend................................ HR 2031 Sweetwater Valley Community Action Mission Program (CAMP); commend ........................................................................................................... HR 1771 Swenson, Timothy Garrett; legislative aide; commend ....................................... HR 1982 Swindler, Jon Calvin; commend .......................................................................... HR 1378 Taiwan; commend and support efforts to join international organizations.......... HR 1860 Taiwan; contributions; commend......................................................................... HR 2158 Tam, Mr. Neal; 2007 Thomson Middle School Teacher of the Year; commend ........................................................................................................... HR 1100 Tauzin, Mr. Billy; commend ................................................................................ HR 1686 Taylor, Jonathan; commend ................................................................................. HR 1065 Taylor, Walter Clarence "Dub"; his son, Buck Taylor; honor and recognize............................................................................................................ HR 2135 Technology Student Association; commend........................................................ HR 2136 Teems, Ms. Melanee; Disney Teacher Award Nominee; congratulate ............... HR 2081 Tennille, Dean Brennan; Eagle Scout; commend ................................................ HR 1627 Terry, JudyAnne; outstanding contributions to education; commend ................. HR 1410 Thachil, Karan; STAR student for South Cobb High School; commend ............ HR 1958 The Gary Brand Company and Gary Brand; recognize ....................................... HR 1389 The Jordan Foundation; commend ....................................................................... HR 2132 The News and Banner; congratulate .................................................................... HR 2168 Theatre Decatur; commend .................................................................................. HR 1126 Thomas, Coach Clinton; Dublin High School; commend ................................... HR 2189 Thomas, Rita; commend....................................................................................... HR 1599 Thomasville High School Bulldogs basketball team; Class AA State Runner-up; commend ........................................................................................ HR 1965 Thompson, EMS Director Blake; commend ........................................................ HR 1074 Thompson, Penny; outstanding contributions to education; commend ............... HR 1403 Thornton, Cole; 2005 11 Year Old Buford Wolves; commend ........................... HR 1596 Refer to numerical index for page numbers 6300 INDEX Thornton, Paul Andrew; Eagle Scout; commend................................................. HR 1930 Thornton, Terrance and Tina; commend.............................................................. HR 2194 Threlkeld, Kelby; 2005 11 Year Old Buford Wolves; commend ........................ HR 1569 Thurmond, Barbara; helping victims of violent crimes; honor............................ HR 2267 Tidwell, Jessica Leigh; STAR student for Pepperell High School; commend ........................................................................................................... HR 2007 Tillman, Reverend Thurmond N.; 24th anniversary; commend .......................... HR 1970 Tillotson Corporation; commend ......................................................................... HR 1945 Together Rx Access Card program; participating pharmaceutical companies; commend ........................................................................................ HR 1767 Towers, Admiral John Henry; honoring .................................................................SR 124 Trinity Chapel; commend..................................................................................... HR 2152 Tritt Elementary School; 2006 Georgia School of Excellence; commend .......... HR 1907 Trobaugh, Coach Kevin; Trion High School debate team; commend ................. HR 1949 Tulley, Fire Chief Craig; commend ..................................................................... HR 1892 Tumlin, Natalie; advocacy movement for people with disabilities; commend ........................................................................................................... HR 1401 Turgeon, Brianne; commend................................................................................ HR 2335 Turner, Mr. Jud; 2006 legislative session; commend........................................... HR 2307 Turner, Pastor Rodney; third anniversary at Mt. Vernon Baptist Church; honor.................................................................................................................. HR 2139 Turner, Rachel; STAR student for John McEachern High School; commend ........................................................................................................... HR 1955 Tyrone Police Department; Chief John F. Hay; commend .................................. HR 1469 Uga line of mascots; University of Georgia; recognize ....................................... HR 1655 United Mitochondrial Disease Foundation; commend......................................... HR 1683 United Services Organization; 65th anniversary; commend................................ HR 1425 United States Border Patrol; express gratitude and support................................... HR 252 United States Capitol Police; commend............................................................... HR 2355 Upchurch, Mr. Lowell M.; recognize and commend ........................................... HR 2140 Valdosta State University; 100th anniversary; commend .................................... HR 1986 Vaughan, L. Edward and Anita E.; 50th wedding anniversary; commend.......... HR 1457 Vickery, Ian; Eagle Scout; commend................................................................... HR 1829 Villasenor, Lorraine; Girl Scouts of America Gold Award; commend ............... HR 1632 Vining, Jennifer; future leader; commend............................................................ HR 1885 Vonier, Marcus Andrew; intern for House Photography; graduation from North Georgia Technical College; commend........................................... HR 2047 Wahl, Mr. Gerry; John McEachern High School STAR teacher; commend......................................................................................................... HR 1960 Walden, Phil; legendary impresario; honor.......................................................... HR 1424 Walker, Pam; 2005 Douglas County Teacher of the Year; commend ................. HR 1440 Wallace, David; future leader; commend............................................................. HR 1877 Walldorff, Commissioner Gale; commend .......................................................... HR 1250 Refer to numerical index for page numbers INDEX 6301 Walldorff, Gale; retiring DeKalb County Commissioner; commend .................. HR 1961 Ward, Ava Katherine; Georgia Outstanding Scholar; commend......................... HR 1748 Ward, Megan; Girl Scouts of America Gold Award; commend.......................... HR 2010 Warren, Ramona; future leader; commend .......................................................... HR 1869 Warwick; Grits Capital of Georgia; Warwick Grits Festival; commend............. HR 1452 Waters, Susan Duke; commend............................................................................ HR 1514 Watkins, D. C., Sr.; Watkins Music Hall; recognize and commend.................... HR 2146 Watkins, Toni; Toni Watkins Show; commend ................................................... HR 1932 Watkinsville, City of; 200th anniversary of incorporation; commend ................ HR 2309 Watson, Emma Lou; commend ............................................................................ HR 2071 Wayne County 2005 All-Star Mite Girls softball team; commend...................... HR 1061 Wayne County 2005 All-Stars Midget Boys #1 softball team; commend........... HR 1221 Weaver, Mr. James Edward; commend................................................................ HR 2255 Webb Bridge School; named Lighthouse School to Watch; recognize ............... HR 2048 Webb, Lawrence; commend................................................................................. HR 2311 Webb, Ms. Donna; Model High School STAR teacher; commend ..................... HR 1980 Wells, Doris K.; commend ................................................................................... HR 2067 Wells, Reverend Lamont Anthony; third Pastoral Anniversary; recognize......... HR 2055 Welmering, Claire; Girl Scouts of America Gold Award; commend.................. HR 1621 West Hall High School wrestling team; commend .............................................. HR 1674 West Laurens High School Raiders Wrestling Team; commend......................... HR 1657 Weyerhaeuser Company; congratulate................................................................. HR 1374 Whatley, Thomas Gibson, III; Eagle Scout; commend........................................ HR 1295 Whitaker, Ms. Dawn Michele; commend ............................................................ HR 2242 White Plains Baptist Church; 200th birthday; honor and congratulate................ HR 1851 White, Ms. Cheryl; Disney Teacher Award Nominee; congratulate ................... HR 2072 White, Ms. Myrna May; commend ...................................................................... HR 1676 Whitehead, Taylor Scott; Eagle Scout; commend ............................................... HR 1706 Whitfield, Clay; 2005 11 Year Old Buford Wolves; commend........................... HR 1584 Whitney, Alice; outstanding contributions to education; commend.................... HR 1418 Wilborn, Rozell Hugley; retirement; commend................................................... HR 1613 Wiles, Ms. Nanon G.; commend .......................................................................... HR 1783 Wiles, Nanon G.; commend ................................................................................. HR 1830 Wilkerson, Dustin; 2005 11 Year Old Buford Wolves; commend ...................... HR 1568 Williams, A. Frank; recognize ............................................................................. HR 1681 Williams, Coach Mike; 400th win; congratulate ................................................. HR 1653 Williams, Dr. Peyton, Jr.; outstanding service to the State of Georgia; recognize............................................................................................................ HR 2070 Williams, Jamie K.; commend ............................................................................. HR 1216 Williams, Matt; future leader; commend ............................................................. HR 1871 Williams, Mr. Steve; commend............................................................................ HR 2204 Williams, Ms. Alfreda D.; commend ................................................................... HR 2222 Williams, Ms. Gwendolyn; commend.................................................................. HR 1803 Refer to numerical index for page numbers 6302 INDEX Williamson, Johnny and Brenda; commend ........................................................ HR 1328 Willis, Blake K.; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend............................................................. HR 1507 Willis, Ms. Christie Leigh; commend .................................................................. HR 2238 Willis, Ms. Heather; Floyd County; Teacher of the Year; commend .................. HR 2012 Wilson, Anthony; Legislative Intern of the Year; commend ............................... HR 1966 Wilson, Ms. Nekiela; commend ........................................................................... HR 2220 Wilson, Ms. Nekiela; commend ........................................................................... HR 2249 Wilson, Pastor Dallas C.; Center of Hope Church of Christ Ministries; commend ........................................................................................................... HR 2175 Winder-Barrow Competitive Cheerleading Team; commend ............................. HR 1443 Winfrey, Leatrice; honor ...................................................................................... HR 2058 Wing, Ms. Rose L.; commend.............................................................................. HR 1983 Winsor, Ashley; commend ................................................................................... HR 2275 Winstead, Rachel; Trion High School debate team; commend ........................... HR 2002 Wood, Ellis; 2006 Business Leader of the Year; commend ................................ HR 1369 Woodall, Annie, Dir.; Lithonia Senior Center; honor accomplishments............. HR 1264 Woodard, Norman A.; commend ......................................................................... HR 2303 Woodham, Mr. J. Steve; commend ...................................................................... HR 1294 Woodruff, Dr. Lynda W.; retirement; commend ................................................. HR 1574 Woodruff, Dr. Lynda; recognize and commend .................................................. HR 2233 Wooten, Bradley M.; Eagle Scout; commend...................................................... HR 1737 Word, David M.; commend.................................................................................. HR 1187 Wynn, Reverend Larry; commend ....................................................................... HR 2184 Yates, Mrs. John P.; commend............................................................................. HR 2026 Yaya, Erika; Youth Art Month State Capitol Exhibit; commend ........................ HR 1282 Young, Clint; commend ....................................................................................... HR 2078 Young, Mr. Randall; Coosa High School STAR teacher; commend................... HR 2023 Young, Stevie; future leader; commend............................................................... HR 1883 Youth Leadership Henry; commend .................................................................... HR 1770 Zaxby's and its employees; Dallas, GA; commend.............................................. HR 1513 Zeisig, Margaret; 20 years of service; United Way of Northwest Georgia; commend ........................................................................................................... HR 2065 Zoller, Ms. Martha; recognize and commend ...................................................... HR 2150 Zolnik, Mr. Lewis John; 85th birthday; congratulate........................................... HR 2021 COMMERCE AND TRADE Attorney General; consumer protection; initiate civil actions ............................... HB 646 Biodiesel fuel; define term; prohibit production, offering for sale; unless fuel meets certain standards..................................................................................SB 636 Businesses that collect computerized data; disclose breach of security ................ HB 648 Consumer reporting agencies; require notice of security breaches........................ HB 638 Electronic Records/Signatures; legal effects; notarized documents .......................SB 241 Refer to numerical index for page numbers INDEX 6303 Fair Businesses Practice Act; spot delivery of motor vehicles; amend ................. HB 879 Free Trade Area of the Americas; urge Congress to vote against.......................... HR 730 Georgia Cemetery and Funeral Services Act of 2000; repeal................................ HB 589 Georgia Investment Fraud Prevention Board; establish....................................... HB 1665 Georgia Museum Property Act; establish ownership loaned to museums and archives ..........................................................................................................SB 195 Georgia Predatory Lending Prevention Act; enact ................................................ HB 808 Guardianships and estates; amend certain provisions .......................................... HB 1130 Identity Theft Prevention Board; provide for establishment................................ HB 1666 Identity theft; credit report security freeze; provisions .......................................... HB 966 In-home services and residential delivery subcontractors; background checks .................................................................................................................. HB 620 Large retirement systems; certain investments and percentage; provisions .......... HB 482 Liquid propane & natural gas; state tax; temporary exemption; provisions .......... HB 970 Petroleum products; sale of; certain acts; prohibit ................................................. HB 983 Phone cards; disclose terms at time of purchase; provisions ................................. HB 245 Retail businesses; refunds on certain consumer purchases; require..................... HB 1374 Seed - Capital Fund; investments; provisions ...................................................... HB 1305 Social Security Numbers; prohibit use/display of; specified circumstances ..........SB 588 Trustee's Compensation schedule of conservators ..................................................SB 534 US-Dominican Republic-Central America Free Trade Agreement; urge Congress pass ...................................................................................................... HR 724 COMMERCIAL CODE Filing office for secured transactions; certain indigent defense fees ..................... HB 850 COMMISSIONS AND OTHER AGENCIES Agricultural Commodity Commission; equines; definitions; provisions................SB 380 Agricultural Education Oversight Commission; create ....................................... HB 1227 Capital Punishment Study Commission; create ..................................................... HR 301 Capitol Art Standards Commission; create ............................................................ HB 978 Career and Technical Education Oversight Commission; create......................... HB 1228 Commission for the Blind; create......................................................................... HB 1420 Community Service Board Overview Commission; create ..................................... HB 35 Council on Affordable Housing; create ................................................................... HB 39 Delivering the Cure; Newborn Umbilical Cord Blood Initiative Act; provide for creation of commission; definitions; donations.................................SB 596 Electoral college; elimination; amend Constitution; urge Congress...................... HR 950 Electoral college; elimination; urge congressional study commission .................. HR 444 Georgia Agricultural Commodities Promotion Act; create Georgia Blueberry Commission; membership, appointment, election, terms ...................SB 447 Georgia Arts Trust; create .................................................................................... HB 1086 Georgia Commission on Hearing Impaired Persons; create .................................. HB 698 Refer to numerical index for page numbers 6304 INDEX Georgia Commission - Interstate Cooperation; certain provisions; amend ......... HB 1067 Georgia Driver's Education Commission; change membership..............................SB 637 Georgia Driver's Education Commission; create; Joshua's Law............................ HB 584 Georgia Trauma Care Network Commission; establish; provide for composition; membership; duties.........................................................................SB 565 Hospital Health Care Standards Commission; create .............................................SR 853 Interstate Insurance Product Regulation Compact; enact; regulate designated insurance products; create commission..............................................SB 384 Juvenile Law Commission; creating/continuing .....................................................SR 700 Members of constitutional commissions; reimbursements; provide.................... HB 1022 National Guard or reserves; economic relief; create commission on HEROES.............................................................................................................. HB 165 North Fulton Boundary Commission; create ..........................................................SR 804 Northeastern Judicial Circuit Public Defender Study Commission; create ......... HB 1645 Preston-Weston-Webster Charter and Unification Commission; create.............. HB 1298 Public Employees Labor Relations Commission; create ....................................... HB 606 Senior Protection Advisory Council; create............................................................. HB 51 State Accounting Office; create ............................................................................. HB 190 State Forestry Commission; provide additional powers ........................................ HB 929 War of 1812 Bicentennial Commission; create...................................................... HB 988 COMMITTEES Alternative, Renewable and Environmentally Sensitive Fuels and Sources of Energy; create study committee .................................................................... HR 1124 Blue Ribbon Committee on Jekyll Island; encourage governor to appoint ........... HR 722 Community Living Services Joint Study Committee; create ................................. HR 492 Electronic Control Device ad hoc committee; urge continuation .......................... HR 341 General Assembly; committees; subpoena powers................................................ HB 785 Georgia Broadband Education Task Force; create................................................SR 1081 Georgia Development Impact Fee Act; change certain provisions...................... HB 1230 Georgia Senate and House of Representatives; certain committees; change references .............................................................................................. HB 1095 Herty Foundation; change name........................................................................... HB 1184 High School Athletics Overview Committee; create ........................................... HB 1316 Hospital Infections Disclosure Act; enact .............................................................. HB 417 House Asthma Strategic Planning Study Committee; create ............................... HR 1732 House Black Belt Study Committee; create ......................................................... HR 2088 House Business Incentive Study Committee; create............................................ HR 1128 House City of Fairview Incorporation Study Committee; create........................... HR 765 House Comprehensive Tax Reform Study Committee; create ............................ HR 1464 House Environmental Regulation Impact Study Committee; create ................... HR 1549 House Higher Education Finance and Formula Study Committee; create .......... HR 1082 House Higher Education Seamless Transition Study Committee; create .............. HR 951 Refer to numerical index for page numbers INDEX 6305 House Medical Device Study Committee; create ................................................ HR 1232 House Pandemic Preparedness and Response Study Committee; House Study Committee on State Law Enforcement Salaries/Benefits; create ........... HR 1560 House Performance Enhancing Drugs in Athletics Study Committee; create.................................................................................................................. HR 1086 House Public Libraries Study Committee; create ................................................ HR 1287 House Septage Disposal Study Committee; create .............................................. HR 1890 House State Fiscal Year Study Committee; create............................................... HR 1667 House State-Local Shared Usage of Government Facilities Study Committee; create.............................................................................................. HR 1080 House Study Committee on Biological Privacy; create ....................................... HR 1558 House Study Committee on Children: Newborns to Age Five; create ................ HR 1266 House Study Committee on Coroners' Compensation; create ............................... HR 606 House Study Committee on Court Surcharges/Additional Fines; create ............. HR 1794 House Study Committee on Cruise Ship Terminals; create................................. HR 1700 House Study Committee on Direct Entry Midwifery; create............................... HR 1341 House Study Committee on Funding for the Arts; create .................................... HR 1921 House Study Committee on Georgia State Patrol; create .................................... HR 1154 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 Market-Demand Skills Education in High Schools; create................................................................................................... HR 1048 House Study Committee on Nutrition and Obesity of Children; create................. HR 369 House Study Committee on Parental Involvement in Schools; create................. HR 1887 House Study Committee on Pari-mutuel Betting and Casino Gambling; create.................................................................................................................. HR 1305 House Study Committee on Parimutuel Betting on Horse Racing; create............. HR 519 House Study Committee on Prescriptive Authority of Psychologists; create.................................................................................................................. HR 1819 House Study Committee on Prevention Programs in Health Care; create........... HR 1922 House Study Committee on Public Health; create ............................................... HR 1663 House Study Committee on Public Retirement Fund Investment in Venture Capital; create ........................................................................................ HR 197 House Study Committee on Rail Crossing Safety; create.................................... HR 1537 House Study Committee on Reporting Requirement for Local School Systems; create .................................................................................................... HR 410 House Study Committee on Shared Parenting; create ......................................... HR 1555 House Study Committee on State and Local Law Enforcement Salaries and Benefits; create ........................................................................................... HR 1396 House Study Committee on State Employee Salaries and Benefits; create......... HR 1550 House Study Committee on State Law Enforcement Salaries and Benefits; create .................................................................................................. HR 1462 House Study Committee on State Mileage Reimbursement Rate; create .............. HR 910 Refer to numerical index for page numbers 6306 INDEX House Study Committee on State Parole & Probation Officer Salaries and Benefits; create .................................................................................................. HR 1492 House Study Committee on Tanning Salon Consumer Protection; create .......... HR 1795 House Study Committee on Teleworking; create .................................................. HR 775 House Study Committee on the Creation of Focus on Our Future: A Children's Budget; create................................................................................... HR 1079 House Study Committee on the Georgia State Patrol; create .............................. HR 1485 House Study Committee on Workers' Compensation Employer Fraud; create.................................................................................................................. HR 2003 House Tag Tax Study Committee; create ............................................................ HR 1778 Joint Comprehensive Medical Education Study Committee; create.................... HR 1918 Joint Comprehensive State Trauma Services Study Committee; create .................SR 785 Joint Comprehensive Water Desalination Study Committee; create ................... HR 1551 Joint Higher Education Finance and Formula Study Committee; create............. HR 1081 Joint House-Senate Study Committee on the Restructuring of Georgia's Criminal Penalties; create.................................................................................... HR 490 Joint Legislative & Congressional Redistricting Study Committee; create.................................................................................................................... HR 949 Joint Solid Waste Trust Fund Study Committee; create ........................................ HR 170 Joint State Employee Turnover/Staffing Ratios Study Committee; create.......... HR 1399 Joint Study Committee on Efficiency, Effectiveness, & Independence of University System of Georgia; create ........................................................... HR 1833 Joint Study Committee on Feasibility of a Children and Youth Cabinet; create.................................................................................................................. HR 1113 Joint Study Committee on Personal Safety Education and Abduction Avoidance; create .............................................................................................. HR 1168 Joint Study Committee on Public Health; create ................................................. HR 1664 Joint Study Committee on the HOPE Scholarship Program; create ...................... HR 443 Joint Study Committee on the Use of Dry Cleaning Solvents; create ................... HR 169 Legislative Services Committee; change provisions; abolish Leg. Budget Office; Fiscal Affairs Subcommittees ..................................................................SB 282 Pain Management ad Hoc Advisory Committee; establish; duties.........................SB 109 Pilot performance based asset maintenance project; urge Department of Transportation initiate ..................................................................................... HR 676 State Health Benefit Plan Design Team; create ................................................... HR 1535 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 Textile Industry; urge Committee on the Implementation of Textile Agreements to approve safeguard petitions .........................................................SR 156 Refer to numerical index for page numbers INDEX 6307 COMMUNICATIONS RECEIVED Adelman, Honorable David.................................................................................. Page 1626 Crawford, Honorable Mack...................................................................................Page 1624 Franklin, Honorable Bobby...................................................................................Page 3694 Hatfield, Honorable Mark .......................................................................................Page 616 Jacobs, Honorable Mike........................................................................................Page 1626 Jamieson, Honorable Jeanette ...............................................................................Page 3552 Legislative Counsel ...................................................................Pages 139, 140, 1623, 1625 Mosley, Honorable Hinson .....................................................................................Page 812 Porter, Honorable DuBose ......................................................................................Page 389 President of the Senate ............................................................................... Pages 1624, 1626 Secretary of State .................................................................................................. Pages 1, 4 Speaker of the House................Pages 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 39, 1624, 1626 COMMUNITY AFFAIRS Council on Affordable Housing; create ................................................................... HB 39 Department of Community Affairs; Section 8 housing fraud; require investigation....................................................................................................... HB 1162 Georgia Long-Term Care Partnership Program Act; enact.................................... HB 133 Individual development accounts; exclusions and tax credits; provide ............... HB 1441 Regional development centers; reviewing actions by local governments ............. HB 604 COMMUNITY HEALTH Board of Community Health; local educator; member requirements .................... HB 975 Commissioner of Community Health; employees and health care; provisions........................................................................................................... HB 1339 Community Health, Dept. of; medical assistance benefits to ineligible individuals; establish comprehensive program to monitor/detect........................SB 648 Community Health; certain prescription drugs and healthcare products; state health plans; coverage ............................................................................... HB 1459 Department of Community Health; contract with care management; drug rebates; require refund ......................................................................................... HB 358 Department of Community Health; lymphedema; pilot program ........................ HB 1011 Health insurance funds; teachers and school employees; combine with other funds ........................................................................................................... HB 524 Indigent and elderly; certain hospitals; provider fees .............................................. HB 74 State Board of Cosmetology; terminate; repeal Chapter 10 of Title 43................. HB 385 State funded health care; applicants submit employment data; provisions............ HB 548 Treatment of obesity; study of health insurance coverage; urge.......................... HR 1159 COMPENSATION RESOLUTIONS B & A Construction Company, Inc.; compensate.................................................... HR 86 Barnes, Mrs. Claudia; compensate ....................................................................... HR 1734 Refer to numerical index for page numbers 6308 INDEX Echols, Douglas; compensate................................................................................... HR 96 Innocent Persons' Compensation Act; provisions .................................................. HB 682 Scott, Samuel H.; compensate.................................................................................. HR 95 COMPUTERS (see Digital Equipment and Computers) CONDEMNATION PROCEDURES Condemnation of property; redevelopment purposes; approved by vote; require - CA ....................................................................................................... HR 1306 Condemnation procedure; certain declarations of taking; requirements................ HB 976 Inverse condemnation of private property; compensation; provisions- CA ........ HR 1054 Property; condemnation power; limitations - CA .................................................... HR 87 CONDOLENCES Adams, Mrs. Marjorie E.; condolences................................................................ HR 2057 Andrews, Robert Edge, Sr.; condolences............................................................. HR 1214 Atlanta race riot of 1906; remember and repudiate.............................................. HR 1296 Bates, Mr. Edd, III; condolences.......................................................................... HR 2213 Bazemore, Eliza Elizabeth; condolences.............................................................. HR 2108 Beachem; Mr. James W. "Jack"; condolences ..................................................... HR 1324 Bell, Mr. Curtis; condolences............................................................................... HR 1255 Bellamy, Mr. Otis; condolences ........................................................................... HR 1971 Bennett, Kenneth Jason "Ken"; condolences ....................................................... HR 2320 Bickerstaff, Jeff; condolences .............................................................................. HR 1850 Breeding, William J.; condolences....................................................................... HR 1800 Bunch, Joseph L.; condolences ............................................................................ HR 2325 Butler, Mr. Robert E.; condolences...................................................................... HR 1654 Butler, Mrs. Nellie G.; condolences ..................................................................... HR 1656 Callaham, Mr. Brian Downs; condolences........................................................... HR 2316 Chandler, Colonel John Chapple, Jr.; condolences.............................................. HR 1628 Cheney, Dupont K.; condolences ......................................................................... HR 2018 Clark, Mr. Thomas L., Jr.; condolences ............................................................... HR 1521 Clark, Roy E., Sr.; condolences............................................................................ HR 2345 Clements, Mrs. Cherry Waldrep; condolences..................................................... HR 1799 Cook, James Larry; condolences.......................................................................... HR 2265 Cox, Norm; condolences ...................................................................................... HR 2060 Crawford, Mr. James Ray, Jr.; condolences......................................................... HR 1104 Crawford, Mrs. Alma Thrift; condolences ........................................................... HR 2341 Crawley, Miss Tiffany "Mont"; condolences ..................................................... HR 1248 Crumpler, Mr. A. Gilmore, Jr.; condolences........................................................ HR 1260 Davis, James Keet, Jr.; condolences..................................................................... HR 1384 Davis, Mr. Charles; condolences.......................................................................... HR 2260 Dawson, Mrs. Lisa Katherine Delores Gordon; condolences .............................. HR 2143 Refer to numerical index for page numbers INDEX 6309 Dedwylder, Rozier; condolences.......................................................................... HR 1781 Douglas, Fred C.; condolences............................................................................. HR 2328 Dover, Lille Victoria Taylor; condolences........................................................... HR 1257 Dunlap, Mr. James Anderson "Bubba"; condolences .......................................... HR 1210 Eastham, James Dana; condolences ..................................................................... HR 2144 Eaves, Martha Talbot; condolences...................................................................... HR 1527 Eaves, Ms. Martha Talbot; condolences .............................................................. HR 1186 Eberhardt, Linton Webster, Jr.; condolences ....................................................... HR 1515 Eddy, Mary Baker; condolences .......................................................................... HR 1816 Eldridge, Frank, Jr.; condolences ......................................................................... HR 1265 Epps, Benjamin Thomas; condolences................................................................. HR 1906 Evans, Trummie; condolences ............................................................................. HR 1330 Favors, Mrs. Mattie Turnipseed; condolences ..................................................... HR 1077 Floyd, Honorable James Marvin, Sr.; former member of the House of Representatives; condolences............................................................................ HR 1835 Frierson, Mr. Charles R., Jr.; condolences ........................................................... HR 1209 Gammill, Blake; condolences............................................................................... HR 1361 Gattis, Thomas Clayton; condolences .................................................................. HR 2344 Glass, Mr. Sherwin; condolences ......................................................................... HR 1913 Glass, Sherwin; condolences................................................................................ HR 1952 Greene, Mr. Nelson; condolences ........................................................................ HR 1095 Gregory, Ronald Dean; condolences.................................................................... HR 1213 Groover, Lewis M., Jr.; condolences.................................................................... HR 2017 Hammond, Mrs. Reba Kinney; condolences........................................................ HR 1256 Hardeman, Dr. Frank, Jr.; condolences ................................................................ HR 1523 Harrell, Mr. William Doyle II; condolences ........................................................ HR 1125 Harris, Stephen R.; condolences........................................................................... HR 2178 Hartman, Mr. William "Bill" Coleman, Jr.; condolences .................................... HR 2025 Harvey, Mr. Fred Kelley; condolences ................................................................ HR 1905 Hawkins, Edna Bramlett; condolences................................................................. HR 1520 Hendricks, Gary; condolences.............................................................................. HR 2264 Herrin, James Preston "Jimmy"; condolences...................................................... HR 2346 Herrin, Mr. Perry O., Sr.; condolences................................................................. HR 2317 Hughes, Mr. Eddie Delton; condolences.............................................................. HR 1728 Jones, Clyde C.; condolences ............................................................................... HR 1688 Jones, Mr. Ben; condolences................................................................................ HR 1472 Kemp, Rene; former State Senator; condolences................................................. HR 1309 King, Robert R.; condolences............................................................................... HR 2263 Lambert, Mr. Raymond Lewis; condolences ....................................................... HR 1951 Large, Lance Corporal Samuel W., Jr.; condolences ........................................... HR 1524 Ledbetter, Ms. Stacy Lashun; condolences.......................................................... HR 1445 Lee, Lillian C.; condolences................................................................................. HR 1149 Lewis, Harold; condolences ................................................................................. HR 2020 Refer to numerical index for page numbers 6310 INDEX Logan, Mr. Henry Hugh, Sr.; condolences .......................................................... HR 1326 Louwinski, Mr. Felix D., III; condolences........................................................... HR 1247 Lowe, Mr. Eddie; condolences............................................................................. HR 1931 Majied, Mrs. Lumumba Laila; condolences......................................................... HR 1615 McDonald, Jimmy; condolences .......................................................................... HR 2353 McKee, Mr. Jonathan Anthony, Jr.; condolences ................................................ HR 1631 McQuaig, Jean Dean Oxford; condolences.......................................................... HR 2284 Mercer, Sergeant Chad Michael; condolences..................................................... HR 2305 Mickle, Jack; condolences.................................................................................... HR 2110 Miller, Bill; condolences ...................................................................................... HR 1900 Miller, Reuben Aaron "R.A."; condolences ......................................................... HR 1929 Mitchell, JoeAnn Willoughby; condolences ........................................................ HR 1351 Morris, H. Coleman; condolences........................................................................ HR 1329 Muller, Lieutenant Gregory J.; 165th Airlift Wing; GA Air National Guard; condolences ........................................................................................... HR 1176 Mundling, Lynette Highsmith; condolences ........................................................ HR 2343 Murray, Clifton Bryce; condolences .................................................................... HR 1271 Nunn, Rowell D.; condolences............................................................................. HR 2342 Parson, Mr. Martin Edward; condolences............................................................ HR 1205 Patrick, Mrs. Martha Carmichael; condolences ................................................... HR 1648 Peavy, Judge James Edwin, Sr.; condolences ...................................................... HR 2304 Peek, Charles R.; condolences ............................................................................. HR 2186 Pendley, Mr. Dewey Pierce, Sr.; former mayor of Hiram; condolences ............. HR 1152 Pittman, Mr. U. H., Jr.; condolences .......................................................................SR 845 Preston, Holly Nicole; condolences ..................................................................... HR 2319 Reynolds, Eugene Calvin "Gene"; condolences................................................... HR 1320 Reynolds, Eugene Calvin "Gene"; condolences................................................... HR 1927 Richardson, Eleanor L.; former member of the House of Representatives; condolences ....................................................................................................... HR 1539 Robinson, Mr. Melvin Howard; condolences ...................................................... HR 1246 Rochester, Mr. B. Keith; condolences.................................................................. HR 1928 Ross, Jennifer Liscomb; condolences .................................................................. HR 1218 Rylee, Joseph Emory "Joe"; condolences ............................................................ HR 1849 Sanford, Honorable Porter, III; condolences........................................................ HR 1347 Scales-Reynolds, Mrs. Ammer; condolences....................................................... HR 2120 Shaw, Dr. Arthur Herndon; condolences ............................................................. HR 1279 Shockley, Richard Lester; condolences ............................................................... HR 1323 Spriggs, Robert Lee; condolences ........................................................................ HR 1312 Stanley, Crimora; condolences............................................................................. HR 2137 Staten, Mr. Anthony Eugene, Sr.; condolences.................................................... HR 2080 Stevens, Mr. Adam Michael; condolences........................................................... HR 1772 Still, Joseph M, Jr., M. D.; condolences............................................................... HR 1292 Strickland, Naomi T.; condolences ...................................................................... HR 2308 Refer to numerical index for page numbers INDEX 6311 Sumner, Wayne H.; condolences ......................................................................... HR 1798 Sweetin, Mr. Whit E.; condolences...................................................................... HR 2043 Swetenburg, Mrs. Johnnie Bowie; condolences................................................... HR 1207 Thrasher, John Albert; condolences ..................................................................... HR 1194 Tillman, Mr. Billy; condolences........................................................................... HR 1458 Todd, Dr. Willie Grier; condolences .................................................................... HR 2258 Tonning, Annie Mae Joyner; condolences ........................................................... HR 2321 Trieb, Dr. Sykes E. "Si"; condolences.................................................................. HR 1517 Turner, Samuel Michael; condolences ................................................................. HR 1147 Vanek, Randy Stephen; condolences ................................................................... HR 1150 Wages, Tom M., Sr.; condolences........................................................................ HR 1897 Webb, Dr. Ray; condolences................................................................................ HR 2006 Wilde, Elaine; condolences .................................................................................. HR 1925 Williams, Dorothy Jeane; condolences ................................................................ HR 1516 Winburn, Mr. Gene Mac; condolences ................................................................ HR 2331 Zuber, Mrs. Sue Daniell; condolences ................................................................. HR 1475 CONSERVATION AND NATURAL RESOURCES Biodiesel fuel; define term; prohibit production, offering for sale; unless fuel meets certain standards..................................................................................SB 636 Civil War Commission; editorial changes; change administrative assignment; codify certain provisions ..................................................................SB 445 Coastal Georgia Beach Preservation Trust Fund; create - CA............................. HR 1435 Coastal waters, beaches, and sand dunes; permits/variance applications; timely decisions ................................................................................................... HB 401 Commercial waste tank truck; rules/regulations of Department of Human Resources.................................................................................................SB 578 Conservation use covenant; breach; provide for additional acts.......................... HB 1293 Electric generation peaking facilities; backstop for regional power grid; recognize............................................................................................................ HR 1604 Environmental Advisory; expedited review for permits under contract .................SB 191 Environmental Protection Division; land disturbance fee; certain requirements ...................................................................................................... HB 1203 Georgia Brownfield Rescue, Redevelopment, Community Revitalization, and Environmental Justice Act; enact ............................................................... HB 1550 Georgia Environmental Facilities Authority; change certain provisions............. HB 1319 Georgia Environmental Facilities Authority; rename; amend provisions.............. HB 436 Georgia Highway Authority; one-time transfer of trust funds............................... HB 525 Georgia Quail Trail; Department of Natural Resources; initiate ......................... HR 1226 Georgia Transportation Infrastructure Bank Act; enact......................................... HB 137 Georgia Water Authority; create .......................................................................... HB 1247 Georgia Water Quality Control Act; change certain provisions; provide for fees ................................................................................................................. HB 550 Refer to numerical index for page numbers 6312 INDEX Ground-water withdrawal; permits; measuring devices; amend provisions .......... HB 746 Hazardous sites; prequalifications and licensing; provisions............................... HB 1549 Herty Foundation; change name........................................................................... HB 1184 House Environmental Regulation Impact Study Committee; create ................... HR 1549 Joint Comprehensive Water Desalination Study Committee; create ................... HR 1551 Licensed soil scientists; evaluations and reports; provisions ............................... HB 1546 Marshlands or water bottoms; leasing; change fee .............................................. HB 1123 Mercury Switch Removal Act; provide for collection/recovery program; define terms; mercury minimization plans...........................................................SB 550 Metropolitan North Georgia Water Planning District; plumbing; urge local governments.............................................................................................. HR 1286 Motor vehicle emission; certain standards; adopt .................................................. HB 980 Natural Resources, Department of; certain divisions, powers and duties; provisions........................................................................................................... HB 1433 Natural Resources; river corridors; minimum standards/procedures for protection; change certain provisions...................................................................SB 510 Parks and recreation; discount disabled vets and seniors; provisions.................... HB 971 Public water system; water and waste-water usage among tenants; amend ........ HB 1127 Public water systems; individual water meters; provisions ................................... HB 889 Renewable biomass energy; development; urge .................................................. HR 1919 River Basin Protection Act; enact ............................................................................ HB 55 Sewage Holding Tank Act; revise.......................................................................... HB 352 Soil Scientists Licensing Act; regulate practice of soil science ................................SB 95 Solid waste management; permits; change certain provisions............................. HB 1547 Solid waste management; tire disposal; repeal; change certain provisions ............. HB 23 Southern States Energy Board; natural gas; coastal areas; urge .......................... HR 1635 State Forestry Commission; provide additional powers ........................................ HB 929 Transportation of Hazardous Materials Act; enact ................................................ HB 762 Uniform Environmental Covenants Act; enact .................................................... HB 1353 Waste disposal facilities; certain granting permits; prohibit................................ HB 1486 Waste disposal sites; increase distance from county or city boundaries................ HB 533 Waste management; hazardous waste; change definitions .................................... HB 979 Waste management; nonlapsing trust fund; create - CA...................................... HR 1047 Water resources; interbasin and intrabasin transfers; change provisions................. HB 53 Yard trimming disposal restrictions; certain exemptions; provide ...................... HB 1453 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 Refer to numerical index for page numbers INDEX 6313 CONSTITUTIONAL AMENDMENTS Ad valorem tax; certain exemptions; authorize governing authority - CA.......... HR 1634 Ad valorem tax millage rate; property value; provide limitations - CA .............. HR 1234 Ad valorem tax; appraisal value; owner's acquisition cost - CA ............................. HR 85 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; limitations upon rate of increase in value - CA........................... HR 162 Ad valorem tax; tangible property; eliminate - CA................................................ HR 634 Assessment of property; agricultural purposes; authorize conditions of ownership - CA.................................................................................................. HR 1049 CA: Ad valorem tax; bona fide conservation use property; exemption from covenant requirement.................................................................................SR 1104 CA: Income taxation; exclusions for taxpayers 62 and 65 yrs/older ....................SR 1085 CA: License plates; specially designed; provide for dedication of certain revenue; support/promote equine industry .........................................................SR 1025 CA: Taxpayers' Dividend Act; restrict amendments that increase appropriations .......................................................................................................SR 817 Coastal Georgia Beach Preservation Trust Fund; create - CA............................. HR 1435 Commissioner of Labor; abolish office - CA....................................................... HR 2041 Constitutional amendment; urge Congress to submit to several states ................ HR 1433 Criminal or traffic laws; additional penalties; designate funds - CA................... HR 1228 Education; school superintendents elected by majority; provisions - CA ........... HR 1084 Elections; view all sections of proposed constitutional amendment...................... HB 359 Eminent domain; public purposes; amend definitions - CA ................................ HR 1037 Eminent domain; public purposes; specify use of - CA....................................... HR 1051 Eminent domain; use of; private property; revise provisions - CA ..................... HR 1036 Fulton County Industrial District; repeal amendment; prohibit governing authority from levying any tax for educational purposes.....................................SR 871 General Assembly; arrest of members; amend provisions - CA.......................... HR 1035 General Assembly; four-year terms of office for members; provide - CA .......... HR 1038 Grand juries; state-wide; provide - CA ................................................................ HR 1920 House of Representatives; apportionment; single member districts - CA ............... HR 49 House of Representatives; single-member districts - CA ........................................ HR 64 House; apportion as single member districts - CA................................................... HR 25 Illegal aliens; bar from receiving public funded services - CA.............................. HR 256 Infrastructure development districts; General Assembly authorize -CA ............. HR 1339 Inverse condemnation of private property; compensation; provisions- CA ........ HR 1054 Local boards of education; reimburse expenses of certain elections - CA ............ HR 160 Low-interest mortgage loans; certain public employees; provide - CA ................ HR 903 Mobile phones; usage in motor vehicles; PSC regulate - CA ................................ HR 536 National Guard or reserves; financial assistance to certain families - CA............... HR 65 Nonpartisan elections; Secretary of State; provide - CA ..................................... HR 1157 Refer to numerical index for page numbers 6314 INDEX Open meetings and records; public purpose; provide - CA ................................. HR 1223 Open meetings and records; public purpose; provide - CA ................................. HR 1235 Open records and meetings; local and state governments; exceptions - CA ......... HR 411 Pari-mutuel betting and casino gambling; remove prohibition - CA................... HR 1304 Pari-mutuel betting; remove prohibition; dedicate tax revenues - CA .................... HR 90 Peace Officers' Annuity and Benefit Fund; retirement; funding - CA..................... HR 30 Peace Officers' Annuity and Benefit Fund; credit for prior service - CA.............. HR 385 Persons convicted of certain felonies; voting provisions - CA .................................. HR 7 Persons convicted of certain felonies; voting provisions - CA .................................. HR 9 Private property; limit power to take for public purposes - CA........................... HR 1112 Property tax for education; replace with sales tax - CA........................................... HR 58 Property; condemnation power; limitations - CA .................................................... HR 87 Public transportation; create governmental corporation or authority - CA............ HR 168 Real estate transfer/intangible recording tax; increase and allocate - CA ............... HR 26 Religious or faith based organizations; public aid; receive - CA......................... HR 1345 Sales and use and motor fuel taxes; aviation fuel; revenue provisions- CA........ HR 1094 Sales and use tax; allocation of revenue to fund relief - CA................................ HR 1046 Sales and use tax; educational maintenance and operation; amend - CA ............ HR 1111 Sales and use tax; public schools; provisions - CA.............................................. HR 1281 Sales tax for education purposes; authorize under certain conditions - CA .......... HR 773 Sales tax on food and beverage; fund relief from ad valorem tax - CA................... HR 93 Sales tax; educational purposes; millage rate reduction - CA.............................. HR 1039 School health/physical education program; special license plates - CA................ HR 365 Special license plate; AIDS survival project; provide - CA................................. HR 1174 Special license plates; dedicate revenue; provisions - CA................................... HR 1564 State lottery; HOPE Scholarship Program; designation of funds - CA ............... HR 1045 State Transportation Board; terms of members; change - CA ............................. HR 1666 Supreme, Appeals, superior, state courts; judges; partisan elections - CA............ HR 855 Supreme Court; election of Justices; provide - CA.............................................. HR 1336 Tax or fee; approved by voters in jurisdiction - CA ............................................ HR 1078 Trauma care; trust fund; provisions - CA............................................................. HR 1299 University System of Georgia; tuition; effective date; provisions - CA.............. HR 1085 Waste management; nonlapsing trust fund; create - CA...................................... HR 1047 CONSUMER AFFAIRS Attorney General; consumer protection; initiate civil actions ............................... HB 646 Consumer Right to Participate Act; enact .............................................................. HB 779 Contact Lens Consumer Protection Act; enact .................................................... HB 1446 Georgia Predatory Lending Prevention Act; enact ................................................ HB 808 Identity theft; security freeze on credit report; provisions ................................... HB 1389 Insurance; consumer protection; health mandates; establish task force................. HB 330 Phone cards; disclose terms at time of purchase; provisions ................................. HB 245 Tanning facilities; definitions and provisions ........................................................ HB 702 Refer to numerical index for page numbers INDEX 6315 CONTRACTORS (CONSTRUCTION) Construction contracts; insurance coverage; provisions ...................................... HB 1538 Construction defects; resolution; change certain provisions................................ HB 1243 Contracting business; documentation of full-time engagement; provisions ........ HB 1105 Contractors; licensing requirements; extend date ................................................ HB 1542 Contractors; licensing; examination; extend date ................................................ HB 1520 Georgia Journeyman Electrician Licensing Act; enact ........................................ HB 1381 Impact fees; single family construction; provide maximum.................................. HB 547 Nonprofit Contractor Oversight Panel; establish ................................................... HB 138 Residential and General Contractors State Licensing Board; membership ........... HB 184 State Licensing Board for Residential and General Contractors; change provisions........................................................................................................... HB 1391 CONTRACTS Auctions; contracts; provisions ............................................................................ HB 1179 Construction contracts; insurance coverage; provisions ...................................... HB 1538 Contract of insurance; public policy; provisions.................................................. HB 1541 Contracts; public works; certain prohibition........................................................ HB 1056 Executive branch; privatization contracts; requirements ....................................... HB 472 Georgia Security/Immigration Compliance Act; persons who are not lawfully present in the U.S.; comprehensive regulation ......................................SB 529 Health insurance; state employees; contracts and fee schedule; provide............... HB 985 Leases; contracts; agreements; additional requirements; provide........................ HB 1537 CONTROLLED SUBSTANCES Advanced practice registered nurse; controlled substances; provisions ................ HB 935 Advanced practice registered nurse; enactment of rules/regulations; practitioner; revise definition ...............................................................................SB 603 Arrests for methamphetamine crimes; certain instances; notify DFACS .............. HB 690 Community Service Board Overview Commission; create ..................................... HB 35 Community service boards; provide services to certain persons ........................... HB 782 Controlled substances; certain classes; change provisions .................................. HB 1054 Controlled substances; motor vehicles; prohibit false compartments.................... HB 278 Controlled substances; products used to prepare 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 certain offenses; amend ........................... HB 175 Core curriculum requirements; include dangers of methamphetamine use ........... HB 689 Driving under the influence; persons legally entitled to use intoxicating substances; delete provisions............................................................................... HB 286 Firearms; license to carry; prohibition; certain conviction .................................... HB 793 Refer to numerical index for page numbers 6316 INDEX Georgia Methamphetamine Offender Registry; establish.................................... HB 1418 Georgia Qualified Medication Aides Act; provide for delegation of certain nursing tasks; Board of Examiners of Licensed Practical Nurses............SB 480 Motor vehicles; alcohol, drugs, or other substances; provisions.......................... HB 1222 Pain Management ad Hoc Advisory Committee; establish; duties.........................SB 109 Physician's assistants; handling of professional samples ....................................... HB 832 Prescription drug orders; distribution and electronic transmission; amend provisions............................................................................................................. HB 246 Prescription drugs; practitioner's name below signature; require ........................ HB 1191 Psychologists; administer and prescribe drugs; provisions.................................... HB 923 Substance abuse defendants; State of Georgia; urge to offer programs............... HR 1392 CONVEYANCES OF PROPERTY (See Public Property) CORONERS Clerks of superior court and coroners; qualifying; nonpartisan election ............... HB 403 Coroners and deputy coroners; compensation; provisions..................................... HB 508 House Study Committee on Coroners' Compensation; create ............................... HR 606 Nonpartisan elections; include certain county officers .......................................... HB 433 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Corporations, Partnerships and Associations; update provisions ...........................SB 469 Income tax; corporations; gradual reduction; abolishment ...................................... HB 24 Insurance; insurable interest in life of insured ....................................................... HB 443 Open meetings and records; public purpose; provide - CA ................................. HR 1223 Open meetings and records; public purpose; provide - CA ................................. HR 1235 Property owners' associations; open meetings; exception ..................................... HB 185 Taxable net income; certain business relocations; exclude attributable income ................................................................................................................... HB 12 Taxable net income; certain companies; provide adjustments............................. HB 1160 Torts; asbestos claims and successor corporations; provisions.............................. HB 925 CORRECTIONS, BOARD OF (See Penal Institutions) COSMETOLOGISTS Cosmetologists; define terms; qualifications; certificate for registration for hair braiders/designers ....................................................................................SB 145 Cosmetologists; examination fees; change certain provisions............................. HB 1170 State Board of Cosmetology; terminate; repeal Chapter 10 of Title 43................. HB 385 COUNTIES (Also, see Local Government or Named County) Ad valorem tax; county tax assessors; property valuation appeal; change certain provision .................................................................................................. HB 560 Refer to numerical index for page numbers INDEX 6317 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 Appraisal; county staff; change certain provisions .............................................. HB 1187 Coroners and deputy coroners; compensation; provisions..................................... HB 508 Counties and municipal corporations; certificates and medallions; amend provisions........................................................................................................... HB 1462 Counties and municipal corporations; fraud, waste, and abuse; provisions ........ HB 1100 Counties housing state inmates awaiting transfer; reimbursement rate ................. HB 477 Counties or municipal corporations; fraud, waste, and abuse; provisions........... HB 1369 County/municipal insurance taxes; certain early distribution; provisions ............. HB 189 County/municipal sales and use tax; continued distribution; provide ................. HB 1258 County board of tax assessors; member requirements; provisions ...................... HB 1081 County boards of equalization; appeals to superior courts; repeal right................ HB 896 County boards of equalization; certain appeal costs; change provisions............. HB 1365 County boards of health; contracts; revise certain provisions ............................. HB 1223 County Directors of Family/Children Services; appointment; provisions..............SB 435 County excise tax; severance of solid minerals; provide ..................................... HB 1116 County levies; public accommodations; tourism and conventions; 5 percent tax rate .....................................................................................................SB 194 County offices of sheriff-elect; create and provide indemnification...................... HB 934 County offices; nonpartisan elections ...................................................................... HB 63 County offices; nonpartisan elections; General Assembly provide by law ............. HB 62 County school superintendents; employment contract; publication ........................ HB 32 County taxation; payment; provisions.................................................................. HB 1336 Division of Archives & History; recognize religious heritage; provisions............ HB 914 Fair Annexation Act; establish state policy regarding annexation; enact .............. HB 962 Family burial plots; counties and municipal corporations; provide access.......... HB 1386 Hunting deer with dogs; open seasons; amend certain provisions......................... HB 503 Income tax credit; certain counties; wireless telecommunications carrier............. HB 536 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 Local victim assistance funds; assessment/collection; amend provisions ............. HB 192 Misdemeanor traffic offenses; fines to be paid into state treasury............................. HB 6 Nonpartisan elections; certain county offices; provisions...................................... HB 305 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 Public roads; DOT conduct study of each county; identify road corridors.............SB 483 Sales and use tax; county maintenance and repair; authorize use.......................... HB 996 Special county 1 percent sales tax; amend provisions ........................................... HB 493 Refer to numerical index for page numbers 6318 INDEX Special county 1 percent sales tax; county maintenance; authorize use ................ HB 990 Speed detection devices; certain prohibited uses; amend provisions..................... HB 917 State grant-in-aid funds; certain counties based on population; provide ............. HB 1331 Superior court clerk; serve in state, magistrate, and juvenile county courts.......... HB 475 Tax commissioners and collectors; tax sales proceeds; ex officio sheriffs............ HB 527 Tax executions; property; prohibit sale to county tax commissioners................... HB 368 Waste disposal sites; increase distance from county or city boundaries................ HB 533 COUNTY BOARDS OF HEALTH Baby's Right to Know Act; enact ............................................................................... HB 4 County boards of health; contracts; revise certain provisions ............................. HB 1223 Licensed soil scientists; evaluations and reports; provisions ............................... HB 1546 COURTS (Also, see Crimes and Offenses or Criminal Procedure) Ad valorem taxation of property; revise pay structure of certain county officers/officials; provide recalculation of min. salaries ......................................SB 450 Administrative Office of the Courts; assist board of jury commissioners; compile and maintain jury lists.......................................................................... HB 1417 Alapaha Judicial Circuit; superior courts; change term of court.............................SB 615 Alapaha Judicial Circuit; term of court; change................................................... HB 1395 Alcovy Judicial Circuit; superior court judges; increase salary supplement ....... HB 1570 Amy's Law; disposition for delinquent acts; change certain provisions .................SB 522 Bell-Forsyth Judicial Circuit; superior court judges; salary supplement ............. HB 1572 Blue Ridge Judicial Circuit; amount of compensation; increase ......................... HB 1566 Blue Ridge Judicial Circuit; superior courts; third judge; provide ...................... HB 1263 Capital Punishment Study Commission; create ..................................................... HR 301 Certificate of Permanent Location; requirements; change provisions ....................SB 253 Cherokee Judicial Circuit; add new judge.............................................................. HB 204 Children; curfew violation; 14 years or older; increase detention time ............... HB 1396 Civil practice; offers of judgment; provide for procedures.................................... HB 574 Civil practice; trial continuance; members of General Assembly; amend provisions............................................................................................................. HB 716 Civil practice; venue; actions against joint defendants .......................................... HB 573 Clayton Judicial Circuit; change amount of county supplement ............................SB 355 Clayton Judicial Circuit; county supplement; change amount................................SB 678 Clayton Judicial Circuit; judge of juvenile court; compensation from state funds/Clayton County...........................................................................................SB 669 Clayton Judicial Circuit; judges of superior court; increase county supplement to state salary.....................................................................................SB 673 Clerks of courts; documents/records; create and maintain digital copies .............. HB 453 Clerks of superior court and coroners; qualifying; nonpartisan election ............... HB 403 Clerks of superior courts; real estate or personal property filing fees; sunset dates; change ............................................................................................ HB 989 Refer to numerical index for page numbers INDEX 6319 Clerks; certain printed records; delete requirement ............................................. HB 1355 Cobb Judicial Circuit; superior court judges; amend number.............................. HB 1111 Cobb Judicial Circuit; supplement paid to each judge of superior court ................SB 616 Council of Municipal Court Judges of Georgia; membership provisions.............. HB 531 Court bailiffs; increase maximum per diem ............................................................SB 563 Court fines and forfeitures; civil filing fee; indigent defense fund........................ HB 771 Court reports; rules compilations; electronic database .......................................... HB 514 Courts and criminal procedure; indigent defense coordinator; provide............... HB 1340 Courts; requesting judicial assistance from other courts, judges, and senior judges ........................................................................................................ HB 609 Courts; senior judge; amend appointment provisions ............................................ HB 865 Coweta Judicial Circuit; provide for a sixth judge of superior courts ....................SB 624 Criminal or traffic laws; additional penalties; designate funds - CA................... HR 1228 District attorneys emeritus; salary; eligibility ........................................................ HB 651 District attorneys; assistants and investigators; compensation .............................. HB 268 Divorce; additional filing fee for Children's Trust Fund........................................ HB 224 Dublin Judicial Circuit; add judge.......................................................................... HB 232 Elected judge of superior/state court; definitions; request hearings .......................SB 101 Elections; require courts to determine contested elections/primaries on expedited basis.................................................................................................SB 409 Electronic records/signatures; legal effects; notarized documents; provide ...........SB 241 Enotah Judicial Circuit; superior court judges; amend number ........................... HB 1148 Environmental offenses; littering; revise provisions............................................ HB 1320 Evidence; expert witnesses; qualifications............................................................. HB 572 Examination of witnesses; permit jurors to question; certain provisions ............ HB 1235 Family Court Division; Superior Court of Fulton Co.; pilot project...................... HB 296 Family violence protective orders and peace bonds; prohibitions ......................... HB 755 Family violence; redefine....................................................................................... HB 753 Feticide; types of identification; define/eliminate terms; provide reports ................SB 77 Flint Judicial Circuit; add judge ............................................................................. HB 134 Ga. Public Defender Standards Council; legal services; indigent persons; change provisions .................................................................................................SB 503 Georgia Driver's Education Commission; create; Joshua's Law............................ HB 584 Grand juries; state-wide; provide - CA ................................................................ HR 1920 Gwinnett Judicial Circuit; add judge...................................................................... HB 489 House Study Committee on Court Surcharges & Additional Fines; create ......... HR 1794 Joint House-Senate Study Committee on the Restructuring of Georgia's Criminal Penalties; create.................................................................................... HR 490 Judicial accounting; penalties for failure to remit funds; repeal ............................ HB 535 Judicial accounting; probation supervision fees; requirements ............................. HB 974 Juries; exemption; caregivers of certain children................................................... HB 376 Jury duty; exemption of certain spouses/children of deceased military persons; define term .............................................................................................SB 376 Refer to numerical index for page numbers 6320 INDEX Juvenile court; general public; admit to hearings................................................. HB 1482 Juvenile court; jurisdiction for adoption proceedings; amend ............................... HB 987 Juvenile court; jurisdiction; transferring cases from Superior Court ..................... HB 325 Juvenile court; superior court transferring certain cases; amend provisions ......... HB 181 Juvenile Law Commission; creating/continuing .....................................................SR 700 Juvenile proceedings; bail for delinquent children .................................................SB 136 Juvenile proceedings; children; victims of sexual exploitation; provisions......... HB 1021 Juvenile proceedings; court supervision fees; amend certain provisions............... HB 335 Juvenile proceedings; designated felony acts; create different standards............ HB 1500 Juvenile proceedings; disposition of deprived child; reunification efforts; child placement.................................................................................................... HB 333 Juvenile proceedings; emancipation of minors by petition.................................... HB 847 Juvenile proceedings; mental health; change provisions ..................................... HB 1145 Juveniles; homicide by vehicle; provisions.......................................................... HB 1407 Law school graduates; state bar exam; Supreme Court power .............................. HB 150 Local juvenile diversion programs; approved by court; fine surcharge................... HB 77 Local juvenile diversion 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 Magistrate's salary; waiver; provide..................................................................... HB 1399 Medical malpractice; health information; disclosure ............................................. HB 575 Medical malpractice; procedures relating to actions.............................................. HB 571 Misdemeanor traffic offenses; fines to be paid into state treasury............................. HB 6 Misdemeanor traffic offenses; fines to be paid into state treasury......................... HB 419 Municipal court clerks; required training; provide .............................................. HB 1288 Northeastern Judicial Circuit Public Defender Study Commission; create ......... HB 1645 Pataula Circuit; superior courts; change certain terms............................................SB 264 President's Supreme Court nominees; Ga. U.S. Senators support; urge ................ HR 167 Pretrial intervention and diversion programs; authorize certain courts ................. HB 718 Pretrial proceedings; indictment for children; Superior Court jurisdiction ............SB 135 Probate court; certain employees; state health benefit plan; provisions .............. HB 1279 Probate courts; additional civil filing fee; clarify................................................... HB 561 Prosecuting attorneys; involuntary retirement; provisions................................... HB 1649 Public defenders; indigent defense services; attorney's fees recovered ..................SB 203 Retirement; circuit public defender; select Employees' or Judicial Retirement System............................................................................................... HB 391 Sheriffs; authority of courthouse security; remove courthouses/jails from list of properties protected ....................................................................................SB 462 Sheriffs; courthouse and courtroom security; responsibility for; provide ........... HB 1000 Sheriffs; engaging in certain businesses; violation of oath .................................... HB 323 State Budgeting; comprehensive revision of provisions; revise/change duties and responsibilities of budget units ...........................................................SB 556 Superior court clerk; serve in state, magistrate, and juvenile county courts.......... HB 475 Refer to numerical index for page numbers INDEX 6321 Superior Court Clerks' Retirement Fund; membership dues; provisions............... HB 540 Superior court; transferring cases; change provisions.......................................... HB 1163 Superior courts; certain circuits; number of judges; provisions........................... HB 1073 Superior courts; family court division; authorize creation..................................... HB 297 Supreme, Appeals, superior, state courts; judges; partisan elections - CA............ HR 855 Taxes; local governments; liable for certain legal fees; provisions ....................... HB 949 Torts; joint tort-feasors; award and apportionment of damages ............................ HB 231 Traffic violations bureau; imposition of penalties ................................................. HB 176 Trial; jury panels in misdemeanor, felony, death; peremptory challenges .................SB 2 Violation of traffic laws; additional funds; uninsured trauma services; distribute ............................................................................................................ HB 1220 Violation of traffic laws; additional funds; uninsured trauma services; distribute ............................................................................................................ HB 1221 Walton Judicial Circuit; create ............................................................................. HB 1255 Waycross and Alapaha Judicial Circuits; term of court; change ......................... HB 1496 COVINGTON, CITY OF Community improvement districts; create ........................................................... HB 1322 Redevelopment; authorize.................................................................................... HB 1329 COWETA COUNTY Board of education; group medical insurance; provisions ................................... HB 1581 Public property; nonexclusive easements; authorize ........................................... HR 1259 COWETA JUDICIAL CIRCUIT Provide for a sixth judge of superior courts ............................................................SB 624 Superior courts; certain circuits; number of judges; provisions........................... HB 1073 CRAWFORD COUNTY Nonpartisan elections; office of chief magistrate................................................. HB 1119 Nonpartisan elections; office of probate judge .................................................... HB 1118 School district; homestead exemption; provisions............................................... HB 1117 CREDIT CARDS AND CREDIT CARD BANKS Credit card banks; domestic lenders; require background checks ....................... HB 1565 Criminal background checks; fingerprint comparisons; authorize ...................... HB 1604 CRIMES AND OFFENSES (CRIMINAL CODE) 911 calls; unlawful conduct; provide for crime ................................................... HB 1512 Abortion; facilities; certain medical equipment; certain procedures; requirements ........................................................................................................ HB 888 Abortions; access to certain medical equipment; perform certain medical procedures; penalty for violations ........................................................................SB 429 Refer to numerical index for page numbers 6322 INDEX Aggravated child molestation; prosecution; amend time limitation ...................... HB 169 Aggravated sodomy; change age limitation; provide for death penalty .................. HB 13 Alcoholic beverages; comprehensive revision of provisions; provide ................ HB 1248 Animal Fighting/Baiting Act; dogfighting; provisions; punishment ......................SB 229 Arresting officers; nontraffic misdemeanor citation; provisions ......................... HB 1093 Assault; prosecuting attorney; provide for increased penalties............................ HB 1543 Barratry; offense; repeal ......................................................................................... HB 804 Bingo games; nonprofit, tax-exempt organization; provide definition...................SB 545 Bingo; nonprofit, tax-exempt organization; define .............................................. HB 1261 Burglary and theft; punishment; amend ............................................................... HB 1185 Capital Punishment Study Commission; create ..................................................... HR 301 Carrying weapons in school safety zones; prohibition; include parks................... HB 544 Commercial driver's license; violation; provide for revocation........................... HB 1275 Computer system security; persons falsely representing to be a business; prohibit; definitions; penalties/sanctions..............................................................SB 394 Concealed weapon; transportation of; offense; change provisions...................... HB 1001 Conspiracy to commit a crime; change certain penalties....................................... HB 386 Controlled substances; certain classes; change provisions .................................. HB 1054 Controlled substances; motor vehicles; prohibit false compartments.................... HB 278 Controlled substances; products used to prepare 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 certain offenses; amend ........................... HB 175 Crimes; impersonating veteran or active duty member; define offense .................. HB 80 Crimes; make abortion unlawful .............................................................................. HB 93 Crimes; person attacked has no duty to retreat; provide civil immunity ................SB 396 Crimes; theft by conversion of health care benefits; define offense ...................... HB 214 Criminal attempt; change certain penalties ............................................................ HB 387 Criminal or traffic laws; additional penalties; designate funds - CA................... HR 1228 Criminal procedure; serious violent offenders; eliminate mandatory minimum punishment.......................................................................................... HB 607 Criminal solicitation; crime punishable by death or life imprisonment; penalty ................................................................................................................. HB 398 Custody; crimes of interference with; change provisions ...................................... HB 968 Deadly weapons; carrying to public gathering; exception to prohibition .............. HB 193 Deposit account fraud; stop payment of checks; amend ...................................... HB 1043 Dog fighting; prohibit; punishments; amend provisions........................................ HB 734 Education; annual instruction in criminal law; require ........................................ HB 1239 Electronic mail address; no person shall transmit any message containing advertising material; penalties..............................................................................SB 541 Environmental offenses; littering; revise provisions............................................ HB 1320 Refer to numerical index for page numbers INDEX 6323 Felons; reward for detection or apprehension; remove certain limitations.......... HB 1330 Feticide; redefine manslaughter, assault, battery; define unborn child.................. HB 243 Feticide; types of identification; define/eliminate terms; provide reports ................SB 77 Firearms; carrying and possession; municipal and city court judges; constables; amend provisions ............................................................................ HB 1044 Firearms; Georgia's Self-Defense Act; enact ......................................................... HB 998 Firearms; license to carry; prohibition; certain conviction .................................... HB 793 Firearms; unlawful confiscation; provisions ........................................................ HB 1439 Funerals; prohibit disruptive conduct; elements of such offense; provide criminal penalty ....................................................................................................SB 606 Georgia Child, Family, and School Communications Protection; enact; provide conditions for registration .......................................................................SB 425 Georgia Right to Self-defense Act of 2006; create .............................................. HB 1061 Georgia Security/Immigration Compliance Act; persons who are not lawfully present in the U.S.; comprehensive regulation ......................................SB 529 Georgia Smokefree Air Act of 2005; enact............................................................ HB 426 Georgia Street Gang Terrorism and Prevention Act; amend provisions................ HB 130 Georgia Street Gang Terrorism and Prevention Act; amend provisions.............. HB 1302 Government agencies; prohibit employment; persons illegally in country ........... HB 177 Handguns; license to carry; certain restrictions on issuance; provide ................... HB 952 Identity fraud; companies collecting identity information; requirements.............. HB 649 Identity theft; security freeze on credit report; provisions ................................... HB 1389 Incest; gender neutrality; provisions .................................................................... HB 1031 Joint House-Senate Study Committee on the Restructuring of Georgia's Criminal Penalties; create.................................................................................... HR 490 Joint Study Committee on Personal Safety Education and Abduction Avoidance; create .............................................................................................. HR 1168 Juvenile proceedings; designated felony acts; create different standards............ HB 1500 Licenses to carry pistol or revolver; temporary renewal permit; provide for restrictions.................................................................................................... HB 1032 Local board of education; personal safety and abduction avoidance course; provide .................................................................................................. HB 1152 Motor vehicles; operating while under the influence; comprehensive revision; modernization; reform laws of state......................................................SB 502 Murder; certain offender not sentenced to death; life without parole .................... HB 248 Nonprofit organizations; noncash prizes; provisions ........................................... HB 1342 Obscenity; electronic furnishing of material to minors; change provisions of crime.................................................................................................................SB 316 Obstructing placement of emergency phone calls; redefine offense...................... HB 187 Persons convicted of certain felonies; voting provisions; prohibitions- CA.............. HR 7 Persons convicted of certain felonies; voting provisions; prohibitions- CA.............. HR 9 Pharmacist; written objection; not required to prescribe drugs to induce abortion.................................................................................................................SB 123 Refer to numerical index for page numbers 6324 INDEX Prescription drugs; effects on pregnancy; provisions for pharmacist .................. HB 1445 Privacy; customer proprietary network information broker; obtain or release customer information; provide penalties; exceptions...............................SB 455 Privacy; mobile telephone usage; unlawful to disseminate information without expressed consent of subscriber; penalties; exception ............................SB 456 Probation; first offenders; amend provisions ......................................................... HB 473 Prostitution; limit prosecution for offense; 16 years of age or older ..................... HB 946 Public health; offenses; smoking on a bus while transporting children..................SB 196 Public retirement; members convicted of certain crimes; forfeit benefits ............. HB 529 Public transportation; sale or exchange of tokens, transfers, transaction cards, or tickets without consent; provide for unlawful circumstances .............. HB 954 Public transportation; sale or exchange of tokens, transfers, transaction cards, or tickets without consent; repeal prohibition........................................... HB 951 Serious sexual offenders; satellite based monitoring; authorize program ............. HB 886 Sexual offender registry; pardon or parole; registration verification..................... HB 171 Sexual offender registry; sexually violent offense; redefine.................................. HB 140 Sexual offenders; punishments; registration, residency, and workplace requirements; change provisions ....................................................................... HB 1059 Sexual offenses; change definitions; provide for increased punishment ............... HB 942 Sexual offenses; motor vehicle forfeiture procedure; amend provisions............. HB 1465 Sexual offenses; offense of incest; gender neutrality; amend provisions .............. HB 948 Sexual offenses; raise the age of consent to 18 years of age.................................. HB 722 Street Gang Terrorism/Prevention; change/add certain definitions .........................SB 58 Substance abuse defendants; State of Georgia; urge to offer programs............... HR 1392 Tattoo; misdemeanor; eye socket; repeal ............................................................. HB 1167 Tattooing near the eye; expand exception to offense............................................. HB 883 Traffic offenses; persons driving under the influence; fifth or subsequent offense; guilty of a felony.....................................................................................SB 491 Vehicles; false or secret compartments; prohibit owning or operating................ HB 1193 CRIMINAL PROCEDURE Aggravated child molestation; prosecution; amend time limitation ...................... HB 169 Aggravated sodomy; change age limitation; provide for death penalty .................. HB 13 Arresting officers; nontraffic misdemeanor citation; provisions ......................... HB 1093 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 Civil practice; trial continuance; members of General Assembly; amend provisions............................................................................................................. HB 716 Refer to numerical index for page numbers INDEX 6325 Corrections; create division of probation and parole community-based supervision............................................................................................................. HB 65 Courts and criminal procedure; indigent defense coordinator; provide............... HB 1340 Criminal procedure; selection of victim or property; enhance sentencing ............ HB 890 Criminal procedure; serious violent offenders; eliminate mandatory minimum punishment.......................................................................................... HB 607 Criminal proceedings; insanity plea; revise psychiatric evaluations ......................SB 398 Criminal proceedings; notices and pleadings; change provisions........................ HB 1421 Criminal solicitation; crime punishable by death or life imprisonment; penalty ................................................................................................................. HB 398 Criminal trial; arrest record expunged; provisions............................................... HB 1563 Criminal trials; right to trial by jury; provide method for waiver ...........................SB 583 Death penalty; majority vote of jurors; provisions............................................... HB 1552 Environmental offenses; littering; revise provisions............................................ HB 1320 Evidence; admission of extrinsic transactions; provide limits ............................... HB 944 Eyewitness identification accuracy; procedure for enhancing; provide .............. HB 1256 Family violence protective orders and peace bonds; certain prohibitions ............. HB 755 Ga. Public Defender Standards Council; legal services; indigent persons; change provisions .................................................................................................SB 503 Ga. Public Defender Standards Council; ratifying the initial minimum standard; Standard for Removal for Cause...........................................................SR 793 Joint House-Senate Study Committee on the Restructuring of Georgia's Criminal Penalties; create.................................................................................... HR 490 Local victim assistance funds; assessment/collection; amend provisions ............. HB 192 Murder; certain offender not sentenced to death; life without parole .................... HB 248 Performance Standards in Juvenile Court; ratifying the initial minimum standard; fiscal impact..........................................................................................SR 955 Performance Standards; ratifying the initial minimum standard; fiscal impact ...................................................................................................................SR 954 Pretrial proceedings; indictment for children; Superior Court jurisdiction ............SB 135 Probation/Parole Community Based Supervision, Department of; create ............... HB 60 Public defenders; certain responsibilities; provisions .......................................... HB 1431 Public defenders; indigent defense services; attorney's fees recovered ..................SB 203 Repeat offenders; convicted of murder; punishment ................................................SB 57 Senior Protection Advisory Council; create............................................................. HB 51 Sexual offenders; punishments; registration, residency, and workplace requirements; change provisions ....................................................................... HB 1059 State Budgeting; comprehensive revision of provisions; revise/change duties and responsibilities of budget units ...........................................................SB 556 State ordered executions; protect physicians and medical professionals licensure................................................................................................................. HB 57 Taxable net income; compensation for wrongful conviction; provisions............ HB 1454 Trial; jury panels in misdemeanor, felony, death; peremptory challenges .................SB 2 Refer to numerical index for page numbers 6326 INDEX United States Nuclear Regulatory Commission; enhance the protection of licensed facilities ..................................................................................................SB 532 Video conferences; arrest warrants issued; probation hearings; provide............... HB 956 Work release programs; felony sentences; provisions ........................................... HB 432 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 D DAHLONEGA, CITY OF Appalachian Studies Center; Georgia's official center; establish.........................HR 1258 DALTON, CITY OF Marlow, Dr. Eddie; Medical Clinic; designate and dedicate.................................. SR 760 DARIEN, CITY OF Homestead exemption; provisions........................................................................HB 1197 Provide new charter ..............................................................................................HB 1477 DAY CARE Community Living Services Joint Study Committee; create .................................HR 492 Income tax credit; qualified child and dependent care expenses; provide ...........HB 1080 Nonprofit youth development organizations; licensing; exemptions.....................HB 451 Special license plates; child care industry; revenue provisions..............................HB 977 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 Death penalty; majority vote of jurors; provisions...............................................HB 1552 State ordered executions; protect physicians and medical professionals licensure .................................................................................................................HB 57 DEBTOR AND CREDITOR Fair Businesses Practice Act; spot delivery of motor vehicles; amend..................HB 879 Refer to numerical index for page numbers INDEX 6327 Garnishment; exempt certain individual retirement accounts ................................HB 149 Identity theft; credit report security freeze; provisions ..........................................HB 966 Identity theft; security freeze on credit report; provisions ...................................HB 1389 DECATUR COUNTY Board of commissioners; comprehensive restatement ........................................... SB 680 DEKALB COUNTY Board of education; compensation .........................................................................HB 860 DeKalb County Commission; allow individuals to speak on issues ......................HB 517 District services; remove ad valorem taxes ..........................................................HB 1618 Duties of sheriff; provisions .................................................................................HB 1514 Homestead exemption; certain residents ................................................................HB 846 Homestead exemption; current year assessed value...............................................HB 595 House Study Committee on Restructuring DeKalb County Government; create ..................................................................................................................HR 1923 Leases and contracts; nonprofit corporations; authorize ......................................HB 1338 Public defender; compensation...............................................................................HB 869 DEMOREST, CITY OF Ad valorem taxes; homestead exemption; provide...............................................HB 1450 Provide new charter ..............................................................................................HB 1478 DENTISTS AND DENTAL HYGIENISTS House Study Committee on Georgia's Oral Health; create ....................................HR 489 DEVELOPMENT AUTHORITIES Community Development Block Grant Program; urge support.............................HR 386 Development Impact Fee Act; amend provisions...................................................HB 637 Impact fees; single family construction; provide maximum ..................................HB 547 Local development authorities; authorize per diem ...............................................HB 469 DIGITAL EQUIPMENT AND COMPUTERS Businesses that collect computerized data; disclose breach of security.................HB 648 Competitive Emerging Communications Technologies Act; definitions; Public Service Commission shall not impose rate requirements......................... SB 120 Computer system security; persons falsely representing to be a business; prohibit; definitions; penalties/sanctions ............................................................. SB 394 Electronic voting systems; require permanent paper record ..................................HB 740 Electronic voting systems; require permanent paper record ..................................HB 790 Georgia Broadband Education Task Force; create ............................................... SR 1081 Identity fraud; companies collecting identity information; requirements ..............HB 649 Income tax; broadband equipment; exemption ......................................................HB 742 Refer to numerical index for page numbers 6328 INDEX Public schools; Internet safety policies; adopt and implement ............................HB 1055 Sales and use tax exemption; certain school supplies; energy efficient products; provide ...............................................................................................HB 1219 Telecommunications; audible information access system for blind citizens .................................................................................................................HB 655 DISABLED PERSONS (See Handicapped Persons) DISEASES AND METABOLIC DISORDERS; HAZARDOUS CONDITIONS Animals; amend provisions relating to bird dealers or pet dealers ........................HB 108 Hospital Infections Disclosure Act; enact ..............................................................HB 417 Metabolic and genetic disorders; newborn screening; change provisions ...........HB 1066 Microbial Professionals Licensing Act; enact ........................................................HB 729 State income tax; certain cancer funds; change provisions ..................................HB 1602 DISTRICT ATTORNEYS (See Prosecuting Attorneys) DIVORCE (Also, See Domestic Relations) Child support; calculations; definitions; appeal process; change provisions............................................................................................................. SB 382 Divorce; additional filing fee for Children's Trust Fund ........................................HB 224 Divorce; change time limit; effect on children; require education classes............... SB 25 Divorce; distribution of marital property; amend provisions ...................................HB 44 DODGE COUNTY Hospital Authority; appointments to fill vacancies; provisions ...........................HB 1646 DOGS Animal shelters; sterilization of cats and dogs; penalty for noncompliance ..........HB 249 Dog fighting; prohibit; punishments; amend provisions ........................................HB 734 Dogs; hunting; change certain provisions ............................................................HB 1424 Hunting deer with dogs; certain private land; license; provide..............................HB 484 Hunting deer with dogs; open seasons; amend certain provisions .........................HB 503 Pit bull dogs; define terms; prohibit possession; exceptions....................................HB 78 Vicious dogs; requirements for owners; provide..................................................HB 1497 DOMESTIC RELATIONS Baby's Right to Know Act; enact ...............................................................................HB 4 Care of a Grandchild Act; power of attorney from parent to grandparent; create pilot program to provide subsidy to certain grandparents......................... SB 420 Child abuse; reporting; change certain provisions ................................................. SB 442 Child Custody Intrastate Jurisdiction Act; change certain provisions...................... SB 94 Refer to numerical index for page numbers INDEX 6329 Child support; calculations; definitions; appeal process; change provisions............................................................................................................. SB 382 Child support; failure to comply; imprisonment ....................................................HB 800 Child support; mentally or physically disabled child beyond age of majority ................................................................................................................HB 142 Children; custody; allowances..............................................................................HB 1268 Divorce; change time limit; effect on children; require education classes............... SB 25 Divorce; distribution of marital property; amend provisions ...................................HB 44 Family violence; protective orders/peace bonds; certain prohibitions ...................HB 755 Family violence; redefine .......................................................................................HB 753 House Study Committee on Shared Parenting; create..........................................HR 1555 Juvenile court; jurisdiction for adoption proceedings; amend ...............................HB 987 Juvenile proceedings; emancipation of minors by petition ....................................HB 847 Legitimacy petition; father may establish paternity of child..................................HB 287 Lottery proceeds; provide method to recover delinquent child support payments; change certain provisions ................................................................... SB 419 Marriage age requirement; pregnancy; repeal exception .......................................HB 945 Marriage contract; age of majority; provisions ....................................................HB 1023 Marriage; minimum age requirement in case of pregnancy; repeal .....................HB 1016 Marriage; pregnancy; age requirements; amend provisions.................................HB 1028 Power of attorney; care of a grandchild; provisions.............................................HB 1427 Special license plates; foster parents; provide......................................................HB 1309 Violence Against Women Act; urge Georgia Congressional Delegation to reauthorize .......................................................................................................HR 391 DOOLY COUNTY; magistrate court; technology fee; authorize .........................HB 1136 DORAVILLE, CITY OF Annexation of neighboring communities; express support ..................................HR 1697 DOUGLAS COUNTY Public property; nonexclusive easements; authorize............................................HR 1259 DRIVER SERVICES, DEPARTMENT OF Administrative Office of the Courts; assist board of jury commissioners; compile and maintain jury lists..........................................................................HB 1417 Department of Driver Services; verify claim of legal domicile or residence; provide ..............................................................................................HB 1070 State Budgeting; comprehensive revision of provisions; revise/change duties and responsibilities of budget units........................................................... SB 556 DRIVER TRAINING INSTRUCTORS AND SCHOOLS Driver training schools; definitions; provide........................................................HB 1252 Refer to numerical index for page numbers 6330 INDEX Driver training schools; operated on private property; provide exception.............HB 569 Drivers' licenses; driver training schools; on-road test requirement ......................HB 277 DRIVERS LICENSES Administrative Office of the Courts; assist board of jury commissioners; compile and maintain jury lists..........................................................................HB 1417 Alcoholic beverages; prohibit consumption; persons under 21 .............................HB 565 Alcoholic beverages; prohibit purchasing; persons under 21.................................HB 564 All-terrain vehicles; certificates of title; drivers' licenses; provisions .................HB 1004 Commercial driver's license; violation; provide for revocation ...........................HB 1275 Commercial drivers' licenses; change certain definitions ........................................ SB 28 Commercial drivers' licenses; hazardous materials endorsement; security threat assessment..................................................................................................HB 764 Driver's license centers; priority of service; requirements .....................................HB 225 Driver's license; surrender; provide specific date.................................................HB 1171 Drivers' licenses; anatomical gifts; wording of notation affixed to license ...........HB 471 Drivers' licenses; certain provisions; clarify.........................................................HB 1253 Drivers' licenses; certain records; furnish to GBI...................................................HB 513 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; minors; revocation of permits and licenses; procedure..............HB 258 Drivers' licenses; social security number; prohibit use ..........................................HB 161 Drivers' licenses; young driver tracking service; provide ....................................HB 1069 Drivers' licenses; youthful driver tracking service; create .....................................HB 918 Georgia Driver's Education Commission; change membership............................. SB 637 Georgia Driver's Education Commission; create; Joshua's Law ............................HB 584 License, honorary; veterans; provide for unremarried surviving spouse or child of deceased military persons; conditions.................................................... SB 373 Motor vehicles; use of mobile phone; prohibit certain drivers...............................HB 322 Polls; specify types of identification; provide for Georgia voter identification cards................................................................................................. SB 84 Traffic violations bureau; imposition of penalties..................................................HB 176 Vehicles; noncommercial Class C license; agriculture products; certain penalties; provisions ..........................................................................................HB 1392 DRIVING UNDER THE INFLUENCE, DUI Alcoholic beverages; prohibit consumption; persons under 21 .............................HB 565 Alcoholic beverages; prohibit purchasing; persons under 21.................................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 Refer to numerical index for page numbers INDEX 6331 Driving under the influence; third violation; change penalties ..............................HB 933 Motor vehicles; alcohol, drugs, or other substances; provisions..........................HB 1222 Motor vehicles; licensing of ignition interlock device providers...........................HB 276 Motor vehicles; operating while under the influence; comprehensive revision; modernization; reform laws of state ..................................................... SB 502 Traffic offenses; persons driving under the influence; fifth or subsequent offense; guilty of a felony.................................................................................... SB 491 DRY CLEANING OR LAUNDRY Joint Study Committee on the Use of Dry Cleaning Solvents; create....................HR 169 DUBLIN JUDICIAL CIRCUIT Dublin Judicial Circuit; add judge..........................................................................HB 232 Superior courts; certain circuits; number of judges; provisions...........................HB 1073 DUBLIN, CITY OF Board of education; provide additional authority.................................................HB 1143 Corporate limits; change.......................................................................................HB 1521 DUDLEY, CITY OF; corporate limits; change.....................................................HB 1519 E EARLY COUNTY; magistrate court; technology fee; authorize..........................HB 1635 EAST DUBLIN, CITY OF; corporate limits; change...........................................HB 1522 ECONOMY AND ECONOMIC DEVELOPMENT Blue Ribbon Committee on Jekyll Island; encourage governor to appoint............HR 722 Civil War Commission; editorial changes; change administrative assignment; codify certain provisions ................................................................. SB 445 Cost-of-Living Tax Fairness Act; enact .................................................................HB 182 Georgia Economic Development and Fiscal Accountability Act; enact ................HB 551 House Business Incentive Study Committee; create ............................................HR 1128 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 Agricultural Education Oversight Commission; create........................................HB 1227 Agricultural education teachers; minimum salaries; provide...............................HB 1226 Appalachian Studies Center; Georgia's official center; establish.........................HR 1258 Refer to numerical index for page numbers 6332 INDEX Athletic associations; establish criteria according to student enrollment............... SB 103 Bianca Walton Anti-Bullying Act; enact................................................................HB 424 Bill of Rights for Georgia Teachers; enact.............................................................HB 815 Biodiesel fuels; require use by certain vehicles operated by local school districts; local governments ................................................................................. SB 453 Board of Education; military recruitment; notify students and parents of rights; require.......................................................................................................HB 981 Board of Regents/Association of Governing Boards; urge consultations..............HR 678 Career and Technical Education Oversight Commission; create .........................HB 1228 Certain buildings; state funds; sustainability standards; require ..........................HB 1402 Charter schools; funding; revise and clarify certain provisions .............................HB 100 Charter schools; revise legislative intent; amend certain provisions......................HB 629 Charter schools; virtual/remote setting; computer/internet based instruction for students......................................................................................... SB 610 Children's Vision Improvement and Learning Readiness Act-2005; enact .............HB 34 Classrooms First for Georgia Act; financing for basic education; enact................HB 969 Classrooms First for Georgia Act; require local schools to spend minimum operating funds on direct classrooms expenditures ............................ SB 390 Compulsory attendance; students' parent in military; granted excused absences to visit parent prior to deployment ....................................................... SB 424 Compulsory school attendance law; enrollment withdrawal; provisions.............HB 1017 Compulsory school attendance law; exemptions; provide local board of education policies; minimum annual attendance; change provisions.................. SB 413 Core curriculum requirements; include dangers of methamphetamine use ...........HB 689 County school superintendents; employment contract; publication.........................HB 32 Department of Juvenile Justice; Department of Human Resources; children in custody; change provisions..............................................................HB 1485 Early care and education programs; five-star rating system; provide ..................HB 1599 Early care/learning; provide voluntary parent education services ............................. SB 1 Education loans; certain colleges; eligibility and requirements .............................HB 842 Education; annual instruction in criminal law; require ........................................HB 1239 Education; certain historical documents; prohibit restriction.................................HB 158 Education; certain state funded high school courses; provide..............................HB 1663 Education; certain textbooks; provide electronic format versions .........................HB 105 Education; current uniform reporting system; continue.......................................HB 1458 Education; early care programs; certification of excellence; provide ....................HB 994 Education; elementary and secondary; observe Georgia Day................................HB 940 Education; eliminate local five mill share funds; allocation of 1 percent sales tax................................................................................................................HB 958 Education; evolution theory; teaching of factual scientific evidence.....................HB 179 Education; health and physical education courses; requirement............................HB 280 Education; local boards; additional elective courses; provide state funding............ SB 79 Education; local boards; allow certain donations of sick leave..............................HB 543 Refer to numerical index for page numbers INDEX 6333 Education; nonlapsing revenue of institutions; change certain provisions ..........HB 1294 Education; parent in military service; excused absences; provide .........................HB 984 Education; program weights; change certain provisions......................................HB 1166 Education; required school days per year; provisions ..........................................HB 1491 Education; school districts; promotion of learning through the arts; urge assessment..........................................................................................................HR 1129 Education; school superintendents elected by majority; provisions - CA............HR 1084 Education; state accountability plan; urge inclusion of science...............................HR 61 Education; state accountability plan; urge inclusion of social studies .....................HR 60 Education; use of lottery funds; amend ................................................................HB 1287 Education; wellness plan for each school; provisions............................................HB 967 Elementary and secondary education; program weights and funding; change provisions ................................................................................................HB 997 Employees' health insurance; members of local boards of education; provide benefits....................................................................................................HB 920 Four-year college in Gwinnett County; approve creation ......................................HR 228 Georgia Broadband Education Task Force; create ............................................... SR 1081 Georgia Higher Education Facilities Authority Act; create ................................... SB 562 Georgia Street Gang Terrorism and Prevention Act; change provisions .............HB 1302 Grade Integrity Act; teacher not required to change grade; ethical violation ............................................................................................................... SB 288 Graduation test; students failing science portion; certain eligibility ......................HB 423 Grants for Classroom Teachers Program; provide for establishment ..................HB 1284 Health insurance funds; teachers and school employees; combine with other funds ...........................................................................................................HB 524 HERO; provide surviving spouses shall be eligible students................................. SB 415 High School Athletics Overview Committee; create ...........................................HB 1316 High school students; failure to pass graduation test; certain eligibility................HB 252 High school; adjustment of certain grades; provide .............................................HB 1229 HOPE scholarship; eligibility requirements; provide...........................................HB 1153 HOPE scholarship; qualified students; Board of Regents; urge...........................HR 1303 HOPE scholarships and grants; change provisions ..............................................HB 1370 HOPE scholarships/grants; definitions; correct scrivener's error; provide for students in professional level programs ......................................................... SB 561 HOPE scholarships; definitions; quarter or semester hour limitation ....................HB 299 HOPE scholarships; eligibility; hour limits; amend provisions .............................HB 490 HOPE scholarships; set amount for mandatory fees; eligible public postsecondary institutions; January 1, 2004 ........................................................ SB 506 HOPE teacher's scholarship; eligibility requirements; change.............................HB 1200 House Higher Education Finance and Formula Study Committee; create...........HR 1082 House Higher Education Seamless Transition Study Committee; create ..............HR 951 House Study Committee on Chatham County Technical and Vocational Training in High Schools; create .......................................................................HR 1559 Refer to numerical index for page numbers 6334 INDEX House Study Committee on Market-Demand Skills Education in High Schools; create ...................................................................................................HR 1048 Income tax credit; certain students and teachers; provisions ...............................HB 1051 Investing in Educational Excellence; include art education; urge........................HR 1565 Joint Comprehensive Medical Education Study Committee; create ....................HR 1918 Joint Higher Education Finance and Formula Study Committee; create .............HR 1081 Joint Study Committee on Efficiency, Effectiveness, & Independence of University System of Georgia; create ...........................................................HR 1833 Joint Study Committee on the HOPE Scholarship Program; create.......................HR 443 Local board of education; breach of security; require written notification ..........HB 1518 Local board of education; personal safety and abduction avoidance course; provide...................................................................................................HB 1152 Local boards of education; adopt code of ethics ......................................................HB 14 Local boards of education; adopt code of ethics; criminal record check ...............HB 215 Local boards of education; driver education courses; provisions ..........................HB 814 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 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 Local school superintendents; certain employment opportunities; prohibit ........HB 1411 Local school system; summer food service program; establish ...........................HB 1098 Loitering on school premises; failure to leave when requested; penalty ...............HB 465 Lottery for education; method of payment for tickets............................................HB 346 Lottery funds; eliminate Construction Reserve Trust Fund; Board of Education; funds to local units of admin.; electronic technology ....................... SB 440 Lymphedema; health related schools; train in required curriculum; urge............HR 1056 Middle grades program; funding; provisions .......................................................HB 1571 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 Pledge of allegiance; local boards of education; encourage students...................HR 1940 Postsecondary education; grants to certain members of National Guard; provisions.............................................................................................................HB 163 Property tax for education; replace with sales tax - CA ...........................................HR 58 Public records; educational facility; open to inspection as other agencies ............ SB 153 Public school employee; adverse personnel action; 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; Internet safety policies; adopt and implement ............................HB 1055 Refer to numerical index for page numbers INDEX 6335 Public schools; meningococcal meningitis; vaccines; sample educational materials...............................................................................................................HB 813 Public schools; moment of quiet reflection; provisions .........................................HB 807 Quality Basic Education Act; amend....................................................................HB 1133 Quality Basic Education Act; class size requirements; change provisions ..........HB 1358 Quality Basic Education Act; eligibility conditions for student athletes .............HB 1241 Quality Basic Education Act; enrollment eligibility; amend provisions................HB 897 Quality Basic Education Act; enrollment eligibility; children in custody; Dept. of Human Resources/Juvenile Justice; change provisions ........................ SB 618 Quality Basic Education Act; establishment of grant program for High Performance Principals; rules/regulations ........................................................... SB 468 Quality Basic Education Act; expand grades of eligibility for remedial education program ............................................................................................... SB 515 Quality Basic Education Act; salary schedules; amend provisions......................HB 1483 Quality Basic Education Program; change certain provisions .................................HB 41 Regional education service agency employees; retirement options .......................HB 759 Sales and use tax exemption; certain school supplies; energy efficient products; provide ...............................................................................................HB 1219 Sales and use tax exemption; textbooks; provide.................................................HB 1397 Sales and use tax; educational maintenance and operation; amend - CA ............HR 1111 Sales and use tax; public schools; provisions - CA ..............................................HR 1281 Sales tax for educational purposes; authorize under certain conditions-CA..........HR 773 Sales tax; educational purposes; amend certain provisions....................................HB 893 Sales tax; educational purposes; millage rate reduction - CA..............................HR 1039 Scholarships; grants; loans; determine eligibility; provide for weighting of grades for honors, advanced placement courses ............................................. SB 594 School clubs; local boards provide information to parents; policies and procedures............................................................................................................HB 661 School health and physical education support program; special license plates - CA ...........................................................................................................HR 365 Special license plates; School Health and Physical Education Support Fund .....................................................................................................................HB 647 State Board of Education; military recruitment; notify of right to opt out...........HB 1625 State Budgeting; comprehensive revision of provisions; revise/change duties and responsibilities of budget units........................................................... SB 556 State lottery; HOPE Scholarship Program; designation of funds - CA................HR 1045 Student Health and Fitness Act; establish health advisory councils; require local boards of education to adopt school health program...................... SB 474 Student health; body mass index in report cards; provisions .................................HB 497 Student violence against teacher; remain in class at discretion of teacher.............HB 421 Students' health; information on meningococcal meningitis; provide ................... SB 349 Teacher certification renewal; computer skill competency test; provisions ..........HB 972 Teacher education; urge inclusion of health/physical education courses...............HR 395 Refer to numerical index for page numbers 6336 INDEX Teachers; duty-free lunch period; change provisions...........................................HB 1082 Technical/Adult Education, State Board of; meetings; change provisions ............ SB 436 Time for Schools Act; enact ...................................................................................HB 230 Tuition equalization grants; proprietary institutions ineligible ..............................HB 300 University System of Georgia; admissions; provisions........................................HB 1183 University System of Georgia; student; home study program; admission; authorize board of regents to promulgate rules/regulations ................................ SB 582 University System of Georgia; tuition; effective date; provisions - CA ..............HR 1085 EFFINGHAM COUNTY Board of commissioners; advisory referendum; provide .....................................HB 1662 Homestead exemption; county purposes ................................................................HB 906 Homestead exemption; educational purposes.........................................................HB 905 ELDERLY Ambulance services; reimbursement for medicaid recipients; provisions .............HB 909 Assisted living facilities; Levels I and II; provisions .............................................HB 206 Bankruptcy; debtor's residence; certain homestead exemption..............................HB 679 Community Living Services Joint Study Committee; create .................................HR 492 Emergency management; Mattie's Call Act; create................................................HB 794 Guardians of adults; amend provisions; public guardians; definitions ..................HB 500 Health Share Volunteers in Medicine Act; revise certain definitions ..................HB 1224 Indigent and elderly; certain hospitals; provider fees...............................................HB 74 Long-term or self-directed care initiative; urge Medicare and Medicaid approve waiver requests.......................................................................................HR 217 Mattie's Call Act; enact...........................................................................................HB 728 Medical assistance managed care fraud; establish; define crime; administrative hearings/appeals; change certain provisions................................ SB 572 Missing disabled adults; alert system; certain entities; urge coordination .............HR 414 National alert system; missing adults; urge Congress enact ..................................HR 513 Nursing homes; fees; change certain provisions ..................................................HB 1308 Parks and recreation; discount disabled vets and senior citizens; provide.............HB 971 Senior Protection Advisory Council; create .............................................................HB 51 ELECTIONS 2006 Georgia Accuracy in Elections Act; permanent paper record of votes; provide for pilot program/electronic voting.............................................. SB 500 Absentee elector; advance voting; amend provisions...........................................HB 1015 Absentee voting; casting of ballot; provisions .....................................................HB 1045 Ad valorem taxation of property; revise pay structure of certain county officers/officials; provide recalculation of min. salaries ..................................... SB 450 Campaign contributions; electronically filed disclosure reports; amend certain provision ..................................................................................................HB 260 Refer to numerical index for page numbers INDEX 6337 Campaign contributions; political parties; maximum allowable limits......................HB 9 Clerks of superior court and coroners; qualifying; nonpartisan election ...............HB 403 County offices; nonpartisan elections.......................................................................HB 63 County offices; nonpartisan elections; General Assembly provide by law..............HB 62 Education; school superintendents elected by majority; provisions - CA............HR 1084 Election day registration; provide.........................................................................HB 1165 Election superintendent; office to remain open until ballots are counted ................HB 33 Elections and primaries; candidates; provisions...................................................HB 1607 Elections and primaries; change form of official primary ballots............................HB 61 Elections; absentee ballots; provisions .................................................................HB 1286 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; amend provisions...................................................................................HB 597 Elections; candidate qualification challenges; amend provisions ............................HB 66 Elections; certain violations of provisions; prohibit certain activities .....................HB 75 Elections; nomination of candidates by petition; amend provisions ......................HB 927 Elections; photographs on voter registration cards; provisions..............................HB 882 Elections; require courts to determine contested elections/primaries on expedited basis..................................................................................................... SB 409 Elections; voter view all sections of proposed constitutional amendment.............HB 359 Elections; withdrawal of candidates; amend provisions ..........................................HB 89 Elective office; candidates; establish code of conduct .........................................HB 1601 Electoral college; elimination; amend Constitution; urge Congress ......................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 Electronic voting systems; require permanent paper record ..................................HB 790 Ethics in government; amend provisions....................................................................HB 7 Ethics in government; amend provisions..................................................................HB 47 General Provisions, O.C.G.A.; correct errors/omissions in Title 21...................... SB 467 Georgia Election Code; extensive revisions...........................................................HB 528 Georgia Taxpayer and Citizen Protection Act; enact .............................................HB 911 Juvenile court judges; nonpartisan election; provisions.........................................HB 894 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 ..........................HB 46 Nonpartisan elections; certain county offices; provisions......................................HB 305 Nonpartisan elections; include certain county officers ..........................................HB 433 Nonpartisan elections; include certain county offices............................................HB 892 Nonpartisan elections; Secretary of State; provide - CA......................................HR 1157 Persons convicted of certain felonies; voting provisions; prohibitions- CA..............HR 9 Refer to numerical index for page numbers 6338 INDEX Polls; specify types of identification; provide for Georgia voter identification cards................................................................................................. SB 84 Public Financing for Appellate Judicial Campaign Fund Act; enact .....................HB 102 Sheriffs; nonpartisan elections................................................................................HB 241 Sheriffs; qualifying; nonpartisan election................................................................. SB 80 Special elections; bonds; sales and use taxes; provisions ....................................HB 1516 Special elections; certain General Assembly vacancies; change procedures..........................................................................................................HB 1245 Special elections; sales and use taxes; provisions ................................................HB 1306 Supreme, Appeals, superior, state courts; judges; partisan elections - CA ............HR 855 Supreme Court; election of Justices; provide - CA ..............................................HR 1336 Tax or fee; approved by voters in jurisdiction - CA.............................................HR 1078 Truth in Representation Act of 2005; enact............................................................HB 365 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 Voting; persons with disabilities; provisions........................................................HB 1435 ELECTRIC UTILITIES AND ELECTRICAL SERVICE Electric generation peaking facilities; backstop for regional power grid; recognize............................................................................................................HR 1604 Electric membership corporations; document retention policy; require ..............HB 1409 Electrical service; renewable, recoverable, recycled energy; provisions ...............HB 775 New nuclear power plants; electric utilities; urge to build...................................HR 1365 Renewable and recovered resources and energy policy; recognize as issue of vital importance ...............................................................................................HR 491 Renewable energy; portfolio standard; implement...............................................HB 1438 Sales and use tax exemption; certain uses of electricity or fuel; amend ..............HB 1135 Sales tax; exempt electricity for crop irrigation; include nursery stock.................HB 658 ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS Contracting business; documentation of full-time engagement; provisions ........HB 1105 Fees and taxes; time of payment; include heating and cooling air repair ............HB 1049 Sewage management systems; licensed plumbers; allow certain work .................HB 724 ELECTRONIC RECORDS AND SIGNATURES Electronic recording voting systems; permanent paper records; provisions ..........HB 580 Electronic records/signatures; legal effects; notarized documents; provisions............................................................................................................. SB 241 Prescription drug orders; distribution and electronic transmission; amend provisions.............................................................................................................HB 246 Refer to numerical index for page numbers INDEX 6339 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 Cable service providers; certificates of authority; Public Service Commission issue and regulate .............................................................................HB 90 Competitive Emerging Communications Technologies Act; definitions; Public Service Commission shall not impose rate requirements......................... SB 120 Computer system security; persons falsely representing to be a business; prohibit; definitions; penalties/sanctions ............................................................. SB 394 Court reports; rules compilations; electronic database...........................................HB 514 Education; certain textbooks; provide electronic format versions .........................HB 105 Electronic mail address; no person shall transmit any message containing advertising material; penalties ............................................................................. SB 541 Georgia Broadband Education Task Force; create ............................................... SR 1081 Georgia Child, Family, and School Communications Protection; enact; provide conditions for registration....................................................................... SB 425 Georgia Telemedicine Act; enact ...........................................................................HB 310 House Study Committee on Teleworking; create...................................................HR 775 Income tax credit; teleworking for limited period of time .....................................HB 194 Income tax credits; telecommuting; employers convert certain work force ..........HB 393 Obscenity; electronic furnishing of material to minor; change provisions of crime ................................................................................................................ SB 316 Prescription drug orders; distribution and electronic transmission; amend provisions.............................................................................................................HB 246 Telephone service provider; customer records; prohibit sale or transfer .............HB 1290 ELLIJAY, CITY OF; corporate limits; change ....................................................HB 1475 EMANUEL COUNTY; public property; conveyance; 13 counties ........................ SR 823 EMERGENCIES AND EMERGENCY SERVICES 911 emergency service; billing charges; amend.....................................................HB 174 911 telephone charges; billing, collection, and use; provisions .............................HB 148 Building mapping information systems; development/implementation; rules and regulations ............................................................................................ SB 223 Comprehensive emergency preparedness/response educational program; urge to create......................................................................................................HR 1692 Emergency management; "Mattie's Call Act"; create ............................................HB 794 Emergency medical providers; prehospital health care and medical transportation; include in definition and insurance provisions............................HB 747 Firearms; unlawful confiscation; provisions ........................................................HB 1439 Georgia Emergency Management Agency; public buildings; state-wide planning and mapping system; establish ...........................................................HB 1128 Refer to numerical index for page numbers 6340 INDEX Georgia Trauma Care Network Commission; establish; provide for composition; membership; duties ........................................................................ SB 565 Hospitals providing emergency room services; group liability insurance .............HB 827 Joint emergency 911 system authorities; property tax exemption .........................HB 770 Joint emergency 911 system authorities; property tax; exemptions.......................HB 791 Mattie's Call Act; enact...........................................................................................HB 728 Physician's assistants; public health or state of emergency; render aid .................HB 873 Special license plates; emergency medical services personnel ..............................HB 402 State sales and use tax; certain products; provide exemptions.............................HB 1002 Stroke care for all residents; recognize need for improved system........................HR 675 Torts; emergency medical care; liability claims; amend provisions ......................HB 233 EMINENT DOMAIN Condemnation of property; redevelopment purposes; approved by vote; require - CA .......................................................................................................HR 1306 Condemnation procedure; certain declarations of taking; requirements................HB 976 Eminent domain; compensation requirement .........................................................HB 913 Eminent domain; comprehensive revision of provisions; provide .......................HB 1313 Eminent domain; limitation of public purposes; statutory construction; provisions............................................................................................................... SB 86 Eminent domain; power to transfer interest on real property; amend ..................HB 1091 Eminent domain; public purposes; amend definitions - CA ................................HR 1037 Eminent domain; public purposes; specify use of - CA .......................................HR 1051 Eminent domain; transportation and utility purposes; specify ...............................HB 943 Eminent domain; use of; private property; revise provisions - CA......................HR 1036 Private property; limit power to take for public purposes - CA ...........................HR 1112 Property; condemnation power; limitations - CA ....................................................HR 87 Urban Redevelopment Law; moratorium upon the exercise of eminent domain; statement of legislative findings and intent; provide.............................HB 960 Urban Redevelopment Law; provide moratorium upon the exercise of power of eminent domain; exceptions................................................................. SB 391 EMISSIONS, MOTOR VEHICLES Income tax credit; certain purchased or leased hybrid vehicles ...............................HB 21 Motor vehicle emission; certain standards; adopt ..................................................HB 980 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 law; exempt direct sellers from definition of employment ......................................................................................................... SB 486 Refer to numerical index for page numbers INDEX 6341 Employment security; self-employment assistance program; provide.................HB 1410 Georgia Legal Employment Enforcement Act; enact.............................................HB 961 Job Development Authority; promote creation and retention of jobs ....................HB 630 Labor relations; employee leave for certain judicial proceedings............................HB 52 Public Employees Labor Relations Commission; create........................................HB 606 State-wide Reserve Ratio; contribution rates; change certain provisions ............HB 1326 ENERGY Alternative, Renewable, and Environmentally Sensitive Fuels and Sources of Energy; create study committee.......................................................HR 1124 Electric utilities; renewable portfolio standard; urge to sustain ...........................HR 2068 Electrical service; renewable, recoverable, recycled energy; provisions ...............HB 775 Hydrogen Fuel Cell Corridor; Workforce Training and Technology Certification; urge creation ..................................................................................HR 823 New nuclear power plants; electric utilities; urge to build...................................HR 1365 Renewable and recovered resources and energy policy; recognize as issue of vital importance ...............................................................................................HR 491 Renewable biomass energy; development; urge ..................................................HR 1919 Renewable energy; portfolio standard; implement...............................................HB 1438 Renewable energy; voluntary portfolio standard goods; provide.........................HB 1593 Sales and use tax exemption; certain school supplies; energy efficient products; provide ...............................................................................................HB 1219 Sales and use tax exemption; certain uses of electricity or fuel; amend ..............HB 1135 Sales and use tax; biomass material; certain exemptions; provide.......................HB 1018 Sales tax exemption; energy for production of manufactured goods .....................HB 209 ENOTAH JUDICIAL CIRCUIT; superior court judges; amend number ...........HB 1148 ENVIRONMENTAL FACILITIES AUTHORITY Georgia Environmental Facilities Authority; change certain provisions .............HB 1319 Georgia Environmental Facilities Authority; rename; amend provisions..............HB 436 Georgia Transportation Infrastructure Bank Act; enact .........................................HB 137 Renewable energy; voluntary portfolio standard goods; provide.........................HB 1593 ENVIRONMENTAL PROTECTION (Also, see Conservation and Natural Resources or Hazardous Materials) Alternative, Renewable, and Environmentally Sensitive Fuels and Sources of Energy; create study committee.......................................................HR 1124 Blue Ribbon Committee on Jekyll Island; encourage governor to appoint............HR 722 Environmental Protection Division; land disturbance fee; requirements.............HB 1203 Environmental offenses; littering; revise provisions............................................HB 1320 Georgia Water Quality Control Act; change certain provisions; provide for fees .................................................................................................................HB 550 Refer to numerical index for page numbers 6342 INDEX House Environmental Regulation Impact Study Committee; create....................HR 1549 River Basin Protection Act; enact ............................................................................HB 55 Solid waste management; tire disposal; repeal and change certain provisions...............................................................................................................HB 23 State Planning for Increased Community Access Act; enact .................................HB 680 EQUAL RIGHTS Crimes; make abortion unlawful ..............................................................................HB 93 Criminal procedure; selection of victim or property; enhance sentencing.............HB 890 Law enforcement officer stopping motorists; prohibit race considerations .............HB 30 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 (Also, see Wills, Trusts, and Administration of Estates) Death tax; urge congressional delegation work to abolish.....................................HR 133 Property estates; time limitations; provisions.......................................................HB 1029 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 Lobbyists; payment of registration; provide.........................................................HB 1141 Maximum allowable campaign contributions; limitations; clarify ..........................HB 46 Public Financing for Appellate Judicial Campaign Fund Act; enact .....................HB 102 Public officials; gifts and meals; create conflict of interest provisions................HB 1383 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 EVIDENCE Depositions; persons who are not legal U.S. residents; provisions........................HB 986 Evidence; admission of extrinsic transactions; provide limits ...............................HB 944 Evidence; expert witnesses; qualifications .............................................................HB 572 Examination of witnesses; permit jurors to question; certain provisions.............HB 1235 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 Preservation of Evidence; nationals of foreign states; not lawfully admitted for permanent resident of U.S............................................................... SB 408 Property; railroad corporations or companies; clarify scope of provisions..........HB 1588 Refer to numerical index for page numbers INDEX 6343 EXCISE TAX County excise tax; severance of solid minerals; provide .....................................HB 1116 Excise tax; cigars and cigarettes; change definitions .............................................HB 124 Excise tax; furnishing of public accommodations; provisions.............................HB 1426 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 tax; local governments; amend provisions.........................................HB 765 EXECUTIONS AND JUDICIAL SALES Tax executions and judicial sales; prohibit certain sales; exceptions.......................HB 38 Tax executions and judicial sales; prohibit sales....................................................HB 157 Tax executions; certain transfers; required notice; amend provisions ...................HB 447 Tax executions; provide ad valorem property taxes/assessments governed by Title 48; purchase and transfer of rights ......................................................... SB 585 Tax executions; regulate transfers; prohibit certain sales.......................................HB 226 F FACSIMILE MACHINES Telephone service; unsolicited commercial facsimile messages............................HB 162 FAMILY AND CHILDREN SERVICES (See Domestic Relations) FAMILY VIOLENCE Arrests for methamphetamine crimes; certain instances; notify DFACS ..............HB 690 Family violence protective orders and peace bonds; certain prohibitions .............HB 755 Family violence; redefine .......................................................................................HB 753 Violence Against Women Act; urge Ga. Congressional Delegation to reauthorize ...........................................................................................................HR 391 FANNIN COUNTY; public property; conveyance; 13 counties ............................. SR 823 FARMS AND FARM PRODUCTS Commissioner of Agriculture; farmers' market; change provisions.....................HB 1404 Dealers in agricultural products; surety bond requirements; amend ......................HB 422 Farmers' markets; provide safety/security; law enforcement on premises............. SB 613 Georgia Agricultural Commodities Promotion Act; create Georgia Blueberry Commission; membership, appointment, election, terms................... SB 447 Sales tax; exempt electricity for crop irrigation; include nursery stock.................HB 658 Sales tax exemption; fuel for certain swine raising purposes.................................HB 834 Refer to numerical index for page numbers 6344 INDEX FAYETTE COUNTY; board of commissioners; reconstitute ................................HB 856 FEDERAL GOVERNMENT Budget proposals damaging to certain veterans; urge Congress oppose................HR 415 Commuter rail service; additional funding for development; urge ......................HR 1777 Constitutional amendment; urge Congress to submit to several states ................HR 1433 Death tax; urge congressional delegation work to abolish.....................................HR 133 Education; state accountability plan; urge inclusion of science...............................HR 61 Education; state accountability plan; urge inclusion of social studies .....................HR 60 Electoral college; elimination; amend Constitution; urge Congress ......................HR 950 Electoral college; elimination; urge 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 Legislative and congressional reapportionment; specify requirements..................HB 168 Long-term or self-directed care initiative; urge Medicare and Medicaid approve waiver requests.......................................................................................HR 217 Low-interest mortgage loans for certain public employees; provide - CA ............HR 903 National alert system; missing adults; urge Congress enact ..................................HR 513 Offshore oil/gas drilling; remove moratorium; urge Congress & President ........HR 1636 PeachCare; enroll children of public employees; congressional action .................HR 171 President's Supreme Court nominees; urge Ga. U.S. Senators to support .............HR 167 Public disclosure of records; certain exception; clarify .........................................HB 874 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 cards; redesign; urge Congress....................................................HR 1941 Social Security earnings limitation; U.S. Congress; urge to repeal .....................HR 1437 State officials and employees; mileage and travel expenses; provisions ...............HB 878 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 Threatened or endangered species; protect; urge .................................................HR 1820 United States Border Patrol; express gratitude and support...................................HR 252 United States National Health Insurance Act; urge Congress to adopt................HR 1605 United States Nuclear Regulatory Commission; enhance protection of licensed facilities.................................................................................................. SB 532 Untraceable phone records; action to eliminate; urge ..........................................HR 1789 US-Dominican Republic-Central America Free Trade Agreement; urge Congress pass.......................................................................................................HR 724 Violence Against Women Act; urge Ga. Congressional Delegation to reauthorize ...........................................................................................................HR 391 Refer to numerical index for page numbers INDEX 6345 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 Widow's tax; U.S. Congress; urge to eliminate....................................................HR 2040 FINANCIAL INSTITUTIONS Illegal persons; mortgage loan; prohibit...............................................................HB 1447 Mortgage broker/lender license; exempt certain exclusive agents......................... SB 505 Mortgage loan officers; definitions and provisions................................................HB 498 Office of Treasury and Fiscal Services; Republic of Sudan; provisions..............HB 1280 Public retirement systems; investment; limitation; current market value ..............HB 354 Republic of Sudan; certain state agencies; prohibitions.........................................HB 964 FINES AND FORFEITURES Court fines and forfeitures; civil filing fee; indigent defense fund ........................HB 771 Criminal or traffic laws; additional penalties; designate funds - CA ...................HR 1228 Ga. Public Defender Standards Council; legal services; indigent persons; change provisions ................................................................................................ SB 503 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/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 Public Safety, Department of; motorcycle enforcement program; provisions for payment ......................................................................................HB 1209 Violation of traffic laws; additional funds; uninsured trauma services; distribute ............................................................................................................HB 1220 Violation of traffic laws; additional funds; uninsured trauma services; distribute ............................................................................................................HB 1221 FIRE PROTECTION AND SAFETY Assisted living facilities; Levels I and II; provisions .............................................HB 206 Building plan reviews; private professional providers; provisions ......................HB 1385 Class Nine Fire Department Pension Fund; increase maximum monthly retirement benefit.................................................................................................HB 357 Drivers' licenses; certain records; furnish to GBI...................................................HB 513 Fire hazards; increase in fees/charges; fee for blaster certification cards; require license prior to blast hole drilling............................................................ SB 495 Firefighters' and Class Nine Pension Funds; certain active military duty; creditable service .................................................................................................HB 660 Firefighters' Pension Fund; amend certain provisions............................................HB 534 Refer to numerical index for page numbers 6346 INDEX Firefighters' Pension Fund; provide for merger......................................................HB 749 Firefighters' Pension Fund; requirements for creditable service; provide..............HB 344 Income tax credits; certain volunteer firefighters...................................................HB 930 State fire marshal; local governments; investigatory authority; provisions .........HB 1471 FIREARMS (Also, see 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 Firearms; carrying and possession; municipal and city court judges; constables; amend provisions ............................................................................HB 1044 Firearms; carrying deadly weapons; public gatherings; constables; exemptions .........................................................................................................HB 1234 Firearms; Georgia's Self-Defense Act; enact .........................................................HB 998 Firearms; license to carry; prohibition; certain conviction.....................................HB 793 Firearms; unlawful confiscation; provisions ........................................................HB 1439 State parks; carrying firearms; amend certain provisions ......................................HB 799 FISH AND FISHING Finfish; certain species; open seasons, creel, possession limits; amend ..............HB 1085 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 Shrimp and shrimping; lawful methods; cast net size; change provisions...........HB 1460 Southern Appalachian brook trout; official state cold water game fish; red drum; official state salt-water fish; designate....................................................HB 1211 FLINT JUDICIAL CIRCUIT; add judge ..............................................................HB 134 FLOWERY BRANCH, CITY OF Certain city employees; provisions.......................................................................HB 1434 Corporate limits; establish ....................................................................................HB 1573 FLOYD COUNTY; probate court; judge; nonpartisan elections ............................ SB 363 FOOD, DRUGS, AND COSMETICS Food; adulteration and misbranding; provide certain exemptions .......................HB 1380 Food service establishments; Department of Human Resources establish grading sheet ........................................................................................................HB 467 Halal Foods; regulate preparation, marketing, sale, and serving; punishment for violations ...................................................................................... SB 96 Insurers; permit food and refreshments under certain circumstances ....................HB 425 Milk; milk products; standards and requirements; change provisions ................... SB 441 Refer to numerical index for page numbers INDEX 6347 National Bio and Agro-Defense Facility; Governor's pursuit; urge.....................HR 1861 Sales and use tax exemption; certain groceries; food bank; provide....................HB 1301 Sales tax exemption; food and beverage; repeal; adjustment trust fund ................HB 227 Sales tax on food and beverage; fund relief from ad valorem tax - CA...................HR 93 State Budgeting; comprehensive revision of provisions; revise/change duties and responsibilities of budget units........................................................... SB 556 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; right of redemption ...................................................................HB 741 FOREIGN GOVERNMENTS Life insurance; coverage requirement; State of Israel; provisions .......................HB 1062 FOREST RESOURCES Herty Foundation; change name...........................................................................HB 1184 State Forestry Commission; provide additional powers.........................................HB 929 Torts; property damage from certain trees; liability...............................................HB 812 FORGERY AND FRAUDULENT PRACTICES Computer system security; persons falsely representing to be a business; prohibit; definitions; penalties/sanctions ............................................................. SB 394 Counties or municipal corporations; fraud, waste, and abuse; provisions ...........HB 1369 Crimes; impersonating veteran or active duty member; define offense...................HB 80 Department of Community Affairs; Section 8 housing fraud; require investigation.......................................................................................................HB 1162 Deposit account fraud; stop payment of checks; amend ......................................HB 1043 Electronic mail address; no person shall transmit any message containing advertising material; penalties ............................................................................. SB 541 Georgia Child, Family, and School Communications Protection; enact; provide conditions for registration....................................................................... SB 425 Identity theft; security freeze on credit report; provisions ...................................HB 1389 Insurance fraud; certificate of insurance; provisions............................................HB 1539 Public employees; fraud, waste, and abuse; complaints or information ................HB 656 State park lakes; watercraft; change provisions ...................................................HB 1490 FORSYTH COUNTY Civil service system; exempt certain employees..................................................HB 1574 Public property; conveyance; 13 counties .............................................................. SR 823 Solicitor-general; change provisions ....................................................................HB 1576 State court; compensation of judges; change .......................................................HB 1613 Refer to numerical index for page numbers 6348 INDEX FULTON COUNTY Chattahoochee Hill Country, City of; incorporate; provide for a charter............... SB 553 Family Court Division; Superior Court of Fulton County; pilot project................HB 296 Fulton County Industrial District; repeal amendment; prohibit governing authority from levying any tax for educational purposes .................................... SR 871 Fulton County, Superior Court; supplement judges salaries; increase................... SB 501 Johns Creek, City of; incorporate .........................................................................HB 1321 Milton, City of; incorporate....................................................................................HB 924 Milton, City of; provide charter............................................................................HB 1470 North Fulton Boundary Commission; create.......................................................... SR 804 South Fulton, City of; incorporate; provide for a charter ....................................... SB 552 FUNERAL SERVICES, CEMETERIES, AND BURIAL GROUNDS Cemeteries and funeral services; amend certain provisions...................................HB 910 Embalmers and funeral directors; licenses; certain requirement; authorize waiver.................................................................................................................HB 1260 Family burial plots; counties and municipal corporations; provide access..........HB 1386 Funerals; prohibit disruptive conduct; elements of such offense; provide criminal penalty ................................................................................................... SB 606 Georgia Cemetery and Funeral Services Act of 2000; repeal ................................HB 589 Sales and use tax exemption; funeral merchandise; provide................................HB 1147 G GAINESVILLE, CITY OF Hall County, City of Gainesville, City of Buford; tax proceeds for educational purposes; distribution .....................................................................HB 1575 GAMBLING Dog fighting; prohibit; punishments; amend provisions ........................................HB 734 House Study Committee on Pari-mutuel Betting and Casino Gambling; create ..................................................................................................................HR 1305 House Study Committee on Parimutuel Betting on Horse Racing; create.............HR 519 Pari-mutuel betting and casino gambling; remove prohibition - CA ...................HR 1304 Pari-mutuel betting; remove prohibition; taxation; dedicate revenue - CA .............HR 90 GAME AND FISH Cervids; importation; prohibit ..............................................................................HB 1489 Deer Management Act; change certain provisions................................................. SB 201 Deer; closed and open seasons; change certain provisions ..................................HB 1134 Dogs; hunting; change certain provisions ............................................................HB 1424 Finfish; certain species; open seasons, creel, possession limits; amend ..............HB 1085 Game and fish; amend provisions relating to crabs................................................HB 328 Refer to numerical index for page numbers INDEX 6349 Game and fish; hunting within vicinity of bait feeds on private land ....................HB 345 Georgia Quail Trail; Department of Natural Resources; initiate..........................HR 1226 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; legal weapons; amend provisions............................................................HB 338 Hunting; unlawful use of substances and equipment; change provisions ............HB 1488 Nuisances; agricultural operations; include wildlife habitat and hunting ..............HB 261 Shrimp and shrimping; lawful methods; cast net size; change provisions...........HB 1460 Southern Appalachian brook trout; official state cold water game fish; red drum; official state salt-water fish; designate....................................................HB 1211 White-tailed deer; confinement of; certain prohibitions.......................................HB 1463 Wild animals; licenses and permits; amend lists ....................................................HB 107 Wildlife; unlawful enticement of; amend provisions ...........................................HB 1285 GARNISHMENT PROCEEDINGS Garnishment; exempt certain individual retirement accounts ................................HB 149 GAS, GASOLINE, AND GAS SERVICES Biodiesel fuel; define............................................................................................HB 1393 Biodiesel fuel; define term; prohibit production, offering for sale; unless fuel meets certain standards................................................................................. SB 636 Biodiesel fuels; require use by certain vehicles operated by local school districts; local governments ................................................................................. SB 453 Certain government vehicles; clean and renewable fuels; require use.................HB 1412 Electric generation peaking facilities; backstop for regional power grid; recognize............................................................................................................HR 1604 Hydrogen Fuel Cell Corridor; Workforce Training and Technology Certification; urge creation ..................................................................................HR 823 Natural Gas Competition and Deregulation Act; amend......................................HB 1108 Natural gas; distribution; provisions.....................................................................HB 1325 Natural gas; late fees or penalties; provisions ......................................................HB 1442 Offshore oil and gas drilling; remove moratorium; urge Congress and President.............................................................................................................HR 1636 Petroleum products; sale of; certain acts; prohibit .................................................HB 983 Public Service Commission; time period for issuance; gas supply plan ................ SB 209 Renewable and recovered resources and energy policy; recognize as issue of vital importance ...............................................................................................HR 491 Sales and use tax exemption; certain fuels; poultry; provide ...............................HB 1398 Sales and use tax exemption; certain uses of electricity or fuel; amend ..............HB 1135 Sales and use tax exemption; jet fuel; provisions.................................................HB 1173 Sales and use tax exemption; jet fuel; provisions.................................................HB 1181 Refer to numerical index for page numbers 6350 INDEX Sales and use taxes; partial exemption; certain gas and oil; provide ...................HB 1110 Sales tax exemption; fuel for certain swine raising purposes.................................HB 834 GENERAL ASSEMBLY Adjournment; relative to......................................................................................... SR 806 Adjournment; relative to....................................................................................... SR 1061 Adjournment; relative to....................................................................................... SR 1098 Adjournment; relative to....................................................................................... SR 1322 Adjournment; relative to.......................................................................................HR 1044 Adjournment; relative to.......................................................................................HR 1114 Adjournment; relative to.......................................................................................HR 1344 Adjournment; relative to.......................................................................................HR 1834 Bill Elliott Day in Georgia; designate October 8 annually.....................................HR 570 Budget Act; amend ...............................................................................................HB 1164 Budgetary Responsibility Oversight Committee; repeal creation ........................HB 1373 Capitol Art Standards Commission; create ............................................................HB 978 Civil practice; health records; change certain provisions.......................................HB 912 Civil practice; trial continuance; members of General Assembly; amend provisions.............................................................................................................HB 716 Community Living Services Joint Study Committee; create .................................HR 492 Corrections, Board and Department; appearances by General Assembly members...............................................................................................................HB 664 Corrections, Board or Department; appearances by General Assembly members...............................................................................................................HB 657 County offices; nonpartisan elections; General Assembly provide by law..............HB 62 Criminal or traffic laws; additional penalties; designate funds - CA ...................HR 1228 Dent-Daugherty-Hamilton Legislative Office Building; rename Legislative Office Building ...................................................................................HR 72 Employees' Retirement; certain General Assembly membership; repeal provisions.............................................................................................................HB 537 Ethics in government; amend provisions....................................................................HB 7 Ethics in government; amend provisions..................................................................HB 47 General appropriations; FY 2005-2006....................................................................HB 87 General appropriations; FY 2006-2007................................................................HB 1027 General appropriations; FY 2006-2007................................................................HB 1047 General Assembly convened; notify Governor ...................................................... SR 645 General Assembly; arrest of members; amend provisions - CA ..........................HR 1035 General Assembly; committees; subpoena powers ................................................HB 785 General Assembly; four-year terms of office for members; provide - CA ..........HR 1038 General Assembly; furnishing/approval of bonds; repeal provisions .................... SB 260 Georgia Commission - Interstate Cooperation; certain provisions; amend..........HB 1067 Georgia Senate & House of Representatives; certain committees; change references ...........................................................................................................HB 1095 Refer to numerical index for page numbers INDEX 6351 Hamilton, Grace Towns; portrait; return to place of distinction ..............................HR 80 Infrastructure development districts; General Assembly; authorize creation - CA......................................................................................................HR 1339 Innocent Persons' Compensation Act; provisions ..................................................HB 682 Joint Comprehensive Medical Education Study Committee; create ....................HR 1918 Joint Comprehensive State Trauma Services Study Committee; create ................ SR 785 Joint Comprehensive Water Desalination Study Committee; create ...................HR 1551 Joint Higher Education Finance and Formula Study Committee; create .............HR 1081 Joint House-Senate Study Committee on the Restructuring of Georgia's Criminal Penalties; create ....................................................................................HR 490 Joint Legislative & Congressional Redistricting Study Committee; create ...........HR 949 Joint session; message from Chief Justice of Supreme Court..............................HR 1107 Joint session; message from Governor .................................................................HR 1043 Joint session; message from Major General William G. Webster, Jr..................... SR 782 Joint Solid Waste Trust Fund Study Committee; create ........................................HR 170 Joint State Employee Turnover and Staffing Ratios Study Committee; create ..................................................................................................................HR 1399 Joint Study Committee on Efficiency, Effectiveness, & Independence of University System of Georgia; create ...........................................................HR 1833 Joint Study Committee on Feasibility of a Children and Youth Cabinet; create ..................................................................................................................HR 1113 Joint Study Committee on Personal Safety Education and Abduction Avoidance; create ..............................................................................................HR 1168 Joint Study Committee on Public Health; create..................................................HR 1664 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; creating/continuing .................................................... SR 700 Legislative and congressional reapportionment; specify requirements..................HB 168 Legislative retirement; member's salary and per diem ...........................................HB 555 Legislative Services Committee; change provisions; abolish Leg. Budget Office; Fiscal Affairs Subcommittees ................................................................. SB 282 Lobbyists; payment of registration; provide.........................................................HB 1141 Miller-Coverdell Legislative Office Building; naming ............................................HR 70 Murphy, Thomas B.; former Speaker of the House; authorize placement of portrait ...........................................................................................................HR 1856 Nonprofit Contractor Oversight Panel; establish ...................................................HB 138 Performance standards in Juvenile Court; ratifying the initial minimum standard; fiscal impact ......................................................................................... SR 955 Performance standards; ratifying initial minimum standard; fiscal impact ........... SR 954 Sales tax; educational purposes; millage rate reduction - CA..............................HR 1039 Social Security Act; certain waivers; require prior legislative approval..............HB 1473 Special elections; certain General Assembly vacancies; change procedures..........................................................................................................HB 1245 Refer to numerical index for page numbers 6352 INDEX Special license plates; dedicate revenue; provisions - CA ...................................HR 1564 State Budgeting; comprehensive revision of provisions; revise/change duties and responsibilities of budget units........................................................... SB 556 Supplemental appropriations; FY 2004-2005...........................................................HB 86 Supplemental appropriations; FY 2005-2006.......................................................HB 1026 Supplemental appropriations; FY 2005-2006.......................................................HB 1046 Telephone and telegraph service; Joint Study Committee; reconstitute ................HB 738 Wiley T. Nixon Capitol Post Office; name ..........................................................HR 1395 Wrongful incarceration; certain awards; provisions.............................................HB 1129 GENERAL PROVISIONS, OCGA Bill Elliott Day in Georgia; designate October 8 annually.....................................HR 570 Biodiesel fuel; define............................................................................................HB 1393 Coretta Scott King Day in Georgia; declare.........................................................HR 1859 Coretta Scott King Day; establish ........................................................................HB 1276 Franklin Delano Roosevelt Day; declare..............................................................HB 1283 General Provisions, O.C.G.A.; correct errors/omissions; reenact the statutory portion; provide necessary revisions/modernizations........................... SB 465 General Provisions, O.C.G.A.; correct errors/omissions in Title 21...................... SB 467 General Provisions, O.C.G.A.; correct errors/omissions in Title 47...................... SB 466 Jimmy Carter Day; establish.................................................................................HB 1188 Prison Chaplains Appreciation Day; create..........................................................HB 1292 Public employees and students; holiday celebrations; prohibit restrictions...........HB 950 Ronald Reagan Day in Georgia; designate February 6 annually ...........................HB 713 GEORGIA ATHLETIC AND ENTERTAINMENT COMMISSION Ticket brokers; amend regulating provisions .........................................................HB 318 GEORGIA BUREAU OF INVESTIGATION (GBI) Criminal proceedings; notices and pleadings; change provisions........................HB 1421 Criminal trial; arrest record expunged; provisions ...............................................HB 1563 Drivers' licenses; certain records; furnish to GBI...................................................HB 513 Employees' Retirement; law enforcement personnel; benefits...............................HB 567 Investigate death of any person confined in penal institution ................................HB 326 Georgia Methamphetamine Offender Registry; establish ....................................HB 1418 Law enforcement officer; hiring; first offender record; review ...........................HB 1335 Probation; first offenders; amend provisions..........................................................HB 473 United States Nuclear Regulatory Commission; enhance the protection of licensed facilities.................................................................................................. SB 532 GEORGIA MEDICAL CENTER AUTHORITY Georgia Medical Center Authority; comprehensive revision; provide ................HB 1083 Refer to numerical index for page numbers INDEX 6353 GEORGIA PUBLIC SAFETY TRAINING CENTER Georgia Public Safety Training Center; emergency medical personnel; provide training; change certain provisions......................................................... SB 581 Public Safety Training Center facilities; allow retired officers use .......................HB 653 GEORGIA TECHNOLOGY AUTHORITY Georgia Register; publication; change certain provisions....................................HB 1307 GILMER COUNTY; public property; conveyance; 13 counties............................ SR 823 GLASCOCK COUNTY; Magistrate Court; probate judge; provisions................HB 1643 GLENNVILLE, CITY OF; corporate limits; change ...........................................HB 1614 GLYNN COUNTY Brunswick-Glenn County Joint Water and Sewer Commission; create...............HB 1585 Community improvement district; create .............................................................HB 1515 Public property; nonexclusive easements; authorize............................................HR 1259 GORDON COUNTY; school district ad valorem taxes; provisions .....................HB 1429 GOVERNOR Blue Ribbon Committee on Jekyll Island; encourage governor to appoint............HR 722 Budgetary Responsibility Oversight Committee; repeal creation ........................HB 1373 Executive branch; privatization contracts; requirements .......................................HB 472 Felons; reward for detection or apprehension; remove certain limitations ..........HB 1330 National Bio and Agro-Defense Facility; Governor's pursuit; urge.....................HR 1861 GRADY COUNTY Board of education; provide for compensation of members .................................. SB 660 Public property; nonexclusive easements; authorize............................................HR 1259 GRAFFITI Nuisances; county and municipal abatement powers; unfit buildings .....................HB 96 GRANTS Budgets/audits; local government; grant requirements; sub recipients.................. SB 202 HOPE scholarships; definitions; quarter or semester hour limitation ....................HB 299 Postsecondary education; grants to certain members of National Guard; provisions.............................................................................................................HB 163 Tuition equalization grants; proprietary institutions ineligible ..............................HB 300 Refer to numerical index for page numbers 6354 INDEX GREENSBORO, CITY OF Corporate limits ......................................................................................................HB 603 Provide new charter ..............................................................................................HB 1394 GUARDIAN AND WARD Guardians of adults; amend provisions; public guardians; definitions ..................HB 500 Guardianships and estates; amend certain provisions ..........................................HB 1130 Trustee's Compensation schedule of conservators ................................................. SB 534 GUYTON, CITY OF Corporate limits; change.......................................................................................HB 1626 New charter; provide ............................................................................................HB 1559 GWINNETT COUNTY Board of commissioners; compensation.................................................................HB 872 Gwinnett County Arts Facility Authority; meetings; change times ....................... SB 663 Public property; conveyance; 13 counties .............................................................. SR 823 State Court; additional judge; provide..................................................................HB 1264 State Court; change terms.....................................................................................HB 1457 Superior court; change terms ................................................................................HB 1423 GWINNETT JUDICIAL CIRCUIT; add judge ....................................................HB 489 H HABERSHAM COUNTY Ad valorem taxes; change definition of homestead................................................ SB 629 Ad valorem taxes; homestead exemption; educational purposes; 65 years/older............................................................................................................ SB 626 Ad valorem taxes; school district; provide homestead exemption; 65 years/older; persons who are disabled ................................................................. SB 628 Board of education members; change provisions.................................................HB 1449 Habersham County Water/Sewerage Authority; reconstitute ................................ SB 627 Juvenile Court; technology fee; authorize ............................................................HB 1637 Magistrate Court; technology fee; authorize ........................................................HB 1640 Probate Court; technology fee; authorize .............................................................HB 1639 State Court; technology fee; authorize .................................................................HB 1638 HALL COUNTY Hall County, City of Gainesville, City of Buford; tax proceeds for educational purposes; distribution .....................................................................HB 1575 Refer to numerical index for page numbers INDEX 6355 HAMPTON, CITY OF Reincorporate; provide new charter; boundaries/powers of the city...................... SB 609 HANDICAPPED PERSONS Adapted sports for disabled students; funded by Department of Education ..........HB 900 Commission for the Blind; create.........................................................................HB 1420 Community Living Services Joint Study Committee; create .................................HR 492 Community service boards; provide services to certain persons............................HB 782 Disabled Assistants Act; authorize permits for certain wild animals.....................HB 695 Disabled persons; parking permits; provide .........................................................HB 1217 Disabled veterans and blind persons; vendors on streets and highways ................HB 693 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 Income tax credit; certain students and teachers; provisions ...............................HB 1051 License plates; disabled veterans; change certain provisions.................................HB 995 Long-term or self-directed care initiative; urge Medicare and Medicaid approve waiver requests.......................................................................................HR 217 Mallory's Act; permanently disabled persons; parking permits; provisions ..........HB 959 Medicare prescription drug insurance plan; provisions........................................HB 1364 Missing disabled adults; alert system; certain entities; urge coordination .............HR 414 Physically impaired; audible access; Public Service Commission; establish guidelines and funding for system ......................................................... SB 91 Rehabilitation services; delivery to deaf-blind individuals; procedures ................ SB 248 Sales tax exemption; qualified job training organizations .....................................HB 841 Special license plates; disabled persons; special decal; revise provisions .............HB 714 Telecommunications; audible information access system for the blind.................HB 655 Vending facilities on state property; blind vendors; revise/add definitions...........HB 337 Voting; persons with disabilities; provisions........................................................HB 1435 HARTWELL, CITY OF; Recreation Authority Act; amend ...............................HB 1207 HAZARDOUS MATERIALS (Also, see Environmental Protection) Commercial drivers' licenses; hazardous materials endorsement; security threat assessment..................................................................................................HB 764 Environmental Advisory; expedited review for permits under contract ................ SB 191 Georgia Public Revenue Code; amend.................................................................HB 1551 Hazardous sites; prequalification and licensing; provisions ................................HB 1549 Mercury Switch Removal Act; provide for collection/recovery program; define terms; mercury minimization plans .......................................................... SB 550 Transportation of Hazardous Materials Act; enact.................................................HB 762 Waste management; hazardous waste; change definitions.....................................HB 979 Refer to numerical index for page numbers 6356 INDEX HEALTH Abortion; facilities; certain medical equipment; certain procedures; requirements.........................................................................................................HB 888 Advanced practice registered nurse; controlled substances; provisions.................HB 935 Advanced practice registered nurse; enactment of rules/regulations; practitioner; revise definition............................................................................... SB 603 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 Board of Community Health; local educator; member requirements ....................HB 975 Canines and felines; inoculation against rabies; change provisions.....................HB 1376 Central Registry for Traumatic Brain/Spinal Injuries; create state-wide ............... SB 208 Certain prescription drugs; Medicaid; require authorization; prohibit.................HB 1172 Certificate of need; home health/infusion agency; pharmacists; exemption..........HB 270 Children's Vision Improvement and Learning Readiness Act-2005; enact .............HB 34 Chiropractors; change code references; chiropractic physicians............................HB 546 Civil practice/torts; health care liability claims; noneconomic damages ...............HB 235 Civil practice; health records; change certain provisions.......................................HB 912 Clinical laboratories chapter; applicability; revise certain provisions .................HB 1218 Commercial waste tank truck; rules/regulations of Department of Human Resources ................................................................................................ SB 578 Community health; certain prescription drugs and healthcare products; state health plans; coverage ...............................................................................HB 1459 Consumer Right to Participate Act; enact ..............................................................HB 779 Contact Lens Consumer Protection Act; enact.....................................................HB 1446 County Board of Health; contracts; revise certain provisions..............................HB 1223 Delivering the Cure; Newborn Umbilical Cord Blood Initiative Act; provide for creation of commission; definitions; donations................................ SB 596 Department of Community Health; contract with care management; drug rebates; require refund ........................................................................................HB 358 Department of Community Health; lymphedema; pilot program; provisions...........................................................................................................HB 1011 Dispensing opticians; apprenticeship program; amend requirements ....................HB 881 Durable power of attorney; health care; amend signature requirement ................. SB 542 Education; health and physical education courses; requirement............................HB 280 Education; wellness plan for each school; provisions............................................HB 967 Emergency medical providers; prehospital health care and medical transportation; include in definition and insurance provisions............................HB 747 Food service establishments; Department of Human Resources establish grading sheet ........................................................................................................HB 467 Georgia Hospice Law; palliative care; amend provisions....................................HB 1008 Georgia Hospital Insurance Authority Act; enact ....................................................HB 70 Georgia Hospital Insurance Authority Act; enact ....................................................HB 72 Refer to numerical index for page numbers INDEX 6357 Georgia Long-Term Care Partnership Program Act; create................................... SB 112 Georgia Trauma Care Network Commission; establish; provide for composition; membership; duties ........................................................................ SB 565 Health Care Bond Authority Act; enact .................................................................HB 198 Health care facilities; hospital acquired infections; require certain reports .........HB 1314 Health care professionals; cultural competency; require continuing education............................................................................................................HB 1401 Health care; continuation of optional plans; state agencies; provisions...............HB 1058 Health Share Volunteers in Medicine Act; revise certain definitions ..................HB 1224 Health; labor; community service boards; repeal certain provisions .....................HB 991 Healthy Living Month; declare during November .................................................HR 387 Hospital acquisition; notice of acquisition to Attorney General; change provisions............................................................................................................. SB 622 Hospital acquisitions; certain definition; amend ......................................................HB 71 Hospital Health Care Standards Commission; create............................................. SR 853 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 Asthma Strategic Planning Study Committee; create ...............................HR 1732 House Medical Device Study Committee; create.................................................HR 1232 House Pandemic Preparedness and Response Study Committee; House Study Committee on State Law Enforcement Salaries/Benefits; create............HR 1560 House Study Committee on Direct Entry Midwifery; create ...............................HR 1341 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 Prevention Programs in Health Care; create ...........HR 1922 House Study Committee on Public Health; create ...............................................HR 1663 Indigent and elderly; certain hospitals; provider fees...............................................HB 74 Insurance; consumer protection; health mandates; establish task force.................HB 330 Joint Comprehensive Medical Education Study Committee; create ....................HR 1918 Joint Comprehensive State Trauma Services Study Committee; create ................ SR 785 Joint Study Committee on Personal Safety Education and Abduction Avoidance; create ..............................................................................................HR 1168 Joint Study Committee on Public Health; create..................................................HR 1664 Licensed soil scientists; evaluations and reports; provisions ...............................HB 1546 Living will; statutory form; revocation of health care agency; revisions.............HB 1064 Local option sales tax; health care within special districts; provisions..................HB 688 Lymphedema; health related schools; train in required curriculum; urge............HR 1056 Lymphedema; treatment by nationally certified therapists; urge .........................HR 1055 Medical malpractice; amend Official Code of Georgia Annotated Titles 9, 24, 31, and 51...........................................................................................HB 56 Metabolic and genetic disorders; newborn screening; change provisions ...........HB 1066 Refer to numerical index for page numbers 6358 INDEX Microbial Professionals Licensing Act; enact ........................................................HB 729 National Eating Disorders Awareness Week; recognize Feb.19-28, 2005 ............HR 253 Nursing homes; fees; change certain provisions ..................................................HB 1308 Pain Management ad Hoc Advisory Committee; establish; duties ........................ SB 109 Patient records; certain individuals; authorize to obtain ......................................HB 1510 Physicians for rural areas; certain specialties; revise priority; provisions ............. SB 507 Prescription drugs; practitioner's name below signature; require ........................HB 1191 Prescription drugs; unused; medically indigent; establish program.....................HB 1178 Prestige license plates; Breast Cancer; distribution of renewal fees ....................HB 1006 Public schools; meningococcal meningitis; vaccines; sample educational materials...............................................................................................................HB 813 Ray Biddie/Gene Mullis Act; regulate patient care dialysis technicians; licensing requirements; renewal/reinstatement of licenses; provisions............... SB 423 Sales and use tax exemption; allocation of revenue; provide.................................HB 982 Sales and use tax exemption; nonprofit volunteer health clinics; provide ...........HB 1272 Sales and use tax; allocation of revenue to fund relief - CA ................................HR 1046 Sales and use tax; certain nonprofit organization/health clinic; provisions .........HB 1668 School health and physical education support program; special license plates - CA ...........................................................................................................HR 365 Sewage management systems; licensed plumbers; allow certain work .................HB 724 Special license plate; AIDS survival project; provide - CA.................................HR 1174 Special license plates; AIDS survival project; provide ........................................HB 1169 Special license plates; ALS; provide ....................................................................HB 1215 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; pediatric cancer research; provide....................................HB 1150 Special license plates; Project Lifesaver program; promoting ...............................HB 792 Special license plates; School Health and Physical Education Support Fund .....................................................................................................................HB 647 Special license plates; Stroke Awareness...............................................................HB 750 State Board of Cosmetology; terminate; repeal Chapter 10 of Title 43 .................HB 385 State funded health care; applicants submit employment data; provisions............HB 548 State grant-in-aid funds; certain counties based on population; provide .............HB 1331 State Planning for Increased Community Access Act; enact .................................HB 680 Statutory living will form; revise............................................................................ SB 533 Stroke care for all residents; recognize need for improved system........................HR 675 Student Health and Fitness Act; establish health advisory councils; require local boards of education to adopt school health program...................... SB 474 Student health; body mass index in report cards; provisions .................................HB 497 Students' health; provide information on meningococcal meningitis .................... SB 349 Suicide Prevention Program; create .....................................................................HB 1092 Surgical services; circulating nurses; provide for requirements...........................HB 1408 Refer to numerical index for page numbers INDEX 6359 Tanning facilities; definitions and provisions ........................................................HB 702 Tattoo; misdemeanor; eye socket; repeal .............................................................HB 1167 Taxable net income; unreimbursed medical expenses; provisions.......................HB 1455 Teacher education; urge inclusion of health/physical education courses...............HR 395 Torts; asbestos claims and successor corporations; provisions..............................HB 925 Torts; limit medical damages; liability of facilities; provisions.............................HB 339 Torts; medical malpractice insurance rates; financial limits; provisions ...............HB 274 Trauma care; trust fund; provisions - CA.............................................................HR 1299 Treatment of obesity; study of health insurance coverage; urge..........................HR 1159 Women's Informed Consent Protection Act; enact ................................................HB 156 HEALTH CARE PLANS Commissioner of Community Health; employees; health care; provisions .........HB 1339 Crimes; theft by conversion of health care benefits; define offense ......................HB 214 Emergency medical providers; prehospital health care and medical transportation; include in definition and insurance provisions............................HB 747 Employees' health insurance; local board of education members; provide............HB 920 Georgia Assignment Pool Underwriting Authority; create ..................................HB 1359 Georgia Telemedicine Act; enact ...........................................................................HB 310 Health care insurer; certain health benefit plans; authorize .................................HB 1568 Health care; continuation of optional plans; state agencies; provisions...............HB 1058 Health insurance; major medical policies; carry-over deductible ..........................HB 290 Health plans; high deductible; provide exemption ...............................................HB 1254 Local boards of education; extend health care 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; congressional action .................HR 171 PeachKids - Health Insurance for All Georgia Children Act; enact ....................HB 1212 State employees' health insurance; credentialing by new third-party administrator; provide time requirements..........................................................HB 1115 State employees' health insurance; late/noncompliance charge; provisions ........HB 1113 State health benefit plans; termination of coverage; provisions...........................HB 1372 HEALTH INSURANCE Accident & sickness policy; renewability; age of dependent; provisions............HB 1456 Certificate of need; home health/infusion agency; pharmacists; exemption..........HB 270 Community Health; certain prescription drugs and healthcare products; state health plans; coverage ...............................................................................HB 1459 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 Refer to numerical index for page numbers 6360 INDEX Employees' insurance; continuation of health insurance; community service boards ...................................................................................................... SB 268 Georgia Telemedicine Act; enact ...........................................................................HB 310 Health care insurer; certain health benefit plans; authorize .................................HB 1568 Health insurance funds; teachers and school employees; combine with other funds ...........................................................................................................HB 524 Health insurance plans; state employees; change provisions ...............................HB 1425 Health insurance; major medical policies; carry-over deductible ..........................HB 290 Health insurance; state employees; contracts and fee schedule; provide ...............HB 985 Health insurance; treatment of morbid obesity; require coverage............................HB 43 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 Optional employee benefit plans; certain governmental entities; administrative fees ...............................................................................................HB 388 PeachCare for All Kids Act; enact .......................................................................HB 1464 Physicians; state health insurance plans; require Medicaid participation ................HB 73 Small Business Employee Choice of Benefits Health Insurance Plan Act; enact .......................................................................................................................HB 83 State employees; health insurance plan; eligibility; amend .................................HB 1007 State Health Benefit Plan Design Team; create....................................................HR 1535 State health benefit plan; certain vested judges and district attorneys; continue coverage ................................................................................................HB 383 State health benefit plans; termination of coverage; provisions...........................HB 1372 Treatment of obesity; study of health insurance coverage; urge..........................HR 1159 United States National Health Insurance Act; urge Congress to adopt................HR 1605 HEALTH RECORDS Civil practice; health records; change certain provisions.......................................HB 912 HEARD COUNTY Homestead exemption; educational purposes; provide ........................................HB 1664 HENRY COUNTY Abolish board of elections; create board of elections/registrations; provide powers/duties .......................................................................................... SB 352 Board of elections/registration; provide powers/duties.......................................... SB 278 Provide for advisory referendum election; certain districts ................................... SB 593 State Court; provide additional judge; appointment; terms of office ..................... SB 584 Refer to numerical index for page numbers INDEX 6361 HIGHWAYS, BRIDGES, AND FERRIES 848th Engineer Company and Company C; Hero Bridge; dedicate.....................HR 1397 Boyd, Kimberly; Memorial Bridge; designate and dedicate .................................. SR 849 Bradfield, Mayor Johnny; designate &dedicate highway; Telfair County............. SR 433 Bryant, Clint H.; designate and dedicate bridge; Murray County.......................... SR 126 Buchan, Derward F.; Corridor; dedicate ..............................................................HR 1225 Burson, Colonel R. H.; Bridge; designate ............................................................HR 1169 Callaway, Cason and Virginia; Conservation Highway; dedicate .......................HR 1790 Cannon, James M. Sr.; Leesburg U.S. Highway 19 Bypass; designate ...............HR 1343 Caudell, Roger; designate and dedicate highway; Stephens County ..................... SR 374 Chambers, Ida; Crayton, Mr. James G., Sr.; Robinson, Thomas McRae Hamilton; dedications and designations ............................................................HR 1548 Champion Crossroads; dedicate ...........................................................................HR 1110 Condemnation procedure; certain declarations of taking; requirements................HB 976 Cowan, Charles S. (Buddy), Jr.; Memorial Bridge; designate and dedicate ........ SR 1094 Crayton, James G., Sr.; Memorial Bridge; dedicate.............................................HR 1337 Department of Transportation; certain projects; bond amounts; provisions ........HB 1177 Department of Transportation; commercial development; authorize to lease property.....................................................................................................HB 1337 Department of Transportation; turn lanes based on daily volume .......................HB 1598 Disabled veterans and blind persons; vendors on streets and highways ................HB 693 Dorothy Barnes Pelote; Derward Buchan; Mr. Tommy G. Hudson; 648th Engineer Battalion; Tybee Island Lighthouse; Lucille Norton; Private James Boggan; Thomas McGaughey Kilgore; Veterans Memorial Highway; Lieutenant McKinnon; designations ..............................................HR 1491 Drake, John Lee, Sr.; designate and dedicate intersection ..................................... SR 282 Dyer, Micajah Clark; Parkway; designate............................................................HR 1236 Eason, Harry H.; Bridge; designate ........................................................................HR 571 Eason, Harry H.; Dyer, Micajah Clark; Black, Mr. J. Lucius; dedications and designations...................................................................................................HR 413 Eason, Harry H.; Memorial Bridge; dedicate .......................................................HR 1301 Employees' Retirement System; State Road and Tollway Authority; provide status; contributions................................................................................ SB 177 Environmental offenses; littering; revise provisions............................................HB 1320 Garrett, Dr. Luke Glenn, Jr.; Memorial Highway; designate and dedicate.......... SR 1028 Georgia Community Streetcar Development/Revitalization Act; implement program.............................................................................................. SB 150 Georgia Highway Authority; one-time transfer of trust funds ...............................HB 525 Gibbs, SGT Mathew Vincent; Memorial Bridge; designate and dedicate ........... SR 1034 Harris, Frank G.; Memorial Highway; designate ...................................................HR 280 Historic Tybee Lighthouse Causeway; dedicate ..................................................HR 1461 Holt, Antoine J.; Memorial Bridge; designate and dedicate .................................. SR 848 Howard, Henry L.; Memorial Bridge; dedicate....................................................HR 1300 Refer to numerical index for page numbers 6362 INDEX Howard, Henry L.; Memorial Interchange; dedicate............................................HR 1393 Hudson, Tommy G.; Bridge; designate ................................................................HR 1229 Johnson, SPC Justin W.; Memorial Interchange; dedicate...................................HR 1108 Jones, Joseph, Sr., Bridge; designate......................................................................HR 825 Joyner, Parson H. F.; Memorial Bridge; dedicate in Rome....................................HR 393 Kilgore, Tom; Memorial Bridge; name................................................................HR 1534 King, Martin Luther, Jr., Blvd.; designate and dedicate; Telfair County............... SR 434 Lake Spivey Parkway; dedicate............................................................................HR 1609 MARTA; reserve fund interest income used to pay operating cost; provision .............................................................................................................. SB 115 MARTA; use of sales proceeds for authority; extend provisions .......................... SB 114 Mass transportation system; transfers between agencies; provisions...................HB 1536 Mass transportation; referendum; commuter rail project; provisions ..................HB 1033 McKenzie, Ted; Interchange; Glynn County; designate ......................................HR 1340 McKinnon, Lieutenant Rudolph, USN; Memorial Bridge; designate..................HR 1608 Motor carriers; require representatives complete educational seminar..................HB 726 Motor vehicles; highway work zones; required signage ........................................HB 160 Motor vehicles; yield right of way to certain public transit buses .........................HB 778 Mullis, Charles Bradley; Memorial Bridge; designate...........................................HR 238 Murphy, Durward (Red); Memorial Bridge; designate and dedicate................... SR 1093 Negro Branch in Brooks County; rename Pride Branch ........................................HR 408 Norton, Lucille M.; Bridge; dedicate....................................................................HR 1487 Norton, Lucille M.; Bridge; dedicate....................................................................HR 1488 Okefenokee Trail; dedicate...................................................................................HR 1637 Outdoor advertising signs; restriction; amend......................................................HB 1097 Outdoor advertising; certain adult entertainment; prohibit signs ...........................HB 519 Parish, Emory; Interchange; dedicate; Robinson, Mary Will; Memorial Bridge; dedicate; Vandiver, Adam Poole; Memorial Bridge; dedicate; Vandiver, Reverend George; Memorial Bridge; dedicate ................................ SR 873 Pedestrian and bicycle paths; require Department of Transportation construct...............................................................................................................HB 926 Pedestrian and bicycle paths; require Department of Transportation construct...............................................................................................................HB 928 Pelote, Dorothy Barnes; Bridge; dedicate ............................................................HR 1195 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 road system; utility fails to remove/relocate facility; responsible to Dept. of Transportation for failure to comply ................................................. SB 431 Public roads; allocation of state and federal funds; change provisions....................HB 16 Public roads; Dept. of Transportation conduct study of each county; identify road corridors ......................................................................................... SB 483 Refer to numerical index for page numbers INDEX 6363 Railroad crossings used by school buses; upgrade protective devices...................HB 715 Riddle, Chip; Memorial Bridge; dedicate in Rome................................................HR 394 Robinson, Mary Will; Memorial Highway; dedicate ...........................................HR 1662 Schmidt, Stephen J., Sr.; Memorial Highway; designate and dedicate.................. SR 718 School bus routes; rail crossings list; warning devices; urge school districts to survey ...............................................................................................HR 1942 Shavers, Baxter; Memorial Intersection; designate................................................HR 200 Speed detection devices; certain grade of highway; remove restriction ..............HB 1548 Speed detection devices; certain highways and bridges; prohibit use....................HB 159 State Public Transportation Fund; limit collections and expenditures...................HB 361 State Road and Tollway Authority; sales and use tax; provisions .......................HB 1487 State Transportation Board; terms of members; change ......................................HB 1589 Stephen J. Schmidt, Sr.; James M. Cannon, Sr.; Henry L. Howard; Theodore S. McKenzie; Mr. Jack Wingate; dedications & designations..........HR 1302 Stokely, SGT Mike; Memorial Highway; designate and dedicate ......................... SR 864 Stokely, SGT Mike; Memorial Highway; designate and dedicate ......................... SR 639 Stokes, Herschel; Memorial Overpass; Okefenokee Trail; dedications and designations.................................................................................................HR 1661 Transportation, State Board; member removal; provisions....................................HB 891 Transportation; design-build contracts; revise criteria ........................................... SB 231 Transportation; toll provisions; amend.................................................................HB 1190 Vandiver, Adam Poole; Memorial Bridge; designate ............................................HR 485 Vandiver, Reverend George; Memorial Bridge; designate ....................................HR 484 Vandiver, Reverend George; Memorial Bridge; designate ....................................HR 723 Vandiver, Samuel Ernest, Jr.; Interchange; dedicate............................................HR 1109 Vehicles; live poultry; certain circumstances; prohibit hauling ...........................HB 1180 Veterans Memorial Highway; dedicate ................................................................HR 1607 Weight of vehicle and load; hauling of construction aggregates; include ...........HB 1106 Williams, J.T.; Champion family; Johnson, SPC Justin W.; Jones, Joseph, Sr.; dedications and designations.......................................................................HR 1041 Wingate, J. Alton, Sr.; Memorial Parkway; designate; Habersham County .......... SR 686 Wingate, Mr. Jack; portion of State Road 97; dedicate........................................HR 1267 HOG FARMING Sales tax exemption; fuel for certain swine raising purposes.................................HB 834 HOLIDAYS AND OBSERVANCES Bill Elliott Day in Georgia; designate October 8 annually.....................................HR 570 Coretta Scott King Day in Georgia; declare.........................................................HR 1859 Coretta Scott King Day; establish ........................................................................HB 1276 Franklin Delano Roosevelt Day; declare..............................................................HB 1283 Jimmy Carter Day; establish.................................................................................HB 1188 Prison Chaplains Appreciation Day; create..........................................................HB 1292 Refer to numerical index for page numbers 6364 INDEX Public employees and students; holiday celebrations; prohibit restrictions...........HB 950 Ronald Reagan Day in Georgia; designate February 6 annually ...........................HB 713 HOME SCHOOLS Juries; exemption; caregivers of certain children ...................................................HB 376 HOMEOWNER TAX RELIEF GRANTS Sales tax on food and beverage; fund relief from ad valorem tax - CA...................HR 93 HOMESTEAD EXEMPTION Bankruptcy; debtor's residence; certain homestead exemption..............................HB 679 Homestead exemption; disabled veterans; surviving spouses who remarry ..........HB 315 Homestead exemption; senior citizens; actual levy amount...................................HB 848 Homestead exemption; unremarried spouse of peace officer or firefighter killed in duty; provisions .......................................................................................HB 81 Homestead exemptions; ad valorem property taxes; provisions - CA .................HR 1050 Homestead option sales and use tax; proceeds; method of disbursing.................HB 1416 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 Central Registry for Traumatic Brain/Spinal Injuries; create state-wide ............... SB 208 Civil practice/torts; health care liability claims; noneconomic damages ...............HB 235 Consumer Right to Participate Act; enact ..............................................................HB 779 Criminal or traffic laws; additional penalties; designate funds - CA ...................HR 1228 Department of Community Health; contract with care management; drug rebates; require refund .........................................................................................HB 358 Georgia Hospice Law; palliative care; amend provisions....................................HB 1008 Georgia Hospital Insurance Authority Act; enact ....................................................HB 70 Georgia Hospital Insurance Authority Act; enact ....................................................HB 72 Health Care Bond Authority Act; enact .................................................................HB 198 Health care facilities; hospital acquired infections; require certain reports .........HB 1314 Hospital acquisition; notice of acquisition to Attorney General; change provisions............................................................................................................. SB 622 Hospital acquisitions; certain definition; amend ......................................................HB 71 Hospital Health Care Standards Commission; create............................................. SR 853 Hospital Infections Disclosure Act; enact ..............................................................HB 417 Hospital lien; 30 days after discharge; provide for notice....................................HB 1379 Hospital/nursing home liens; change notice/filing provision; effect of release .................................................................................................................. SB 306 Hospitals providing emergency room services; group liability insurance .............HB 827 Refer to numerical index for page numbers INDEX 6365 Hospitals; care for nonresident indigents; reimbursement procedures...................HB 317 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 Lymphedema; treatment by nationally certified therapists; urge .........................HR 1055 Medical malpractice; health information; disclosure .............................................HB 575 Medical malpractice; procedures relating to actions ..............................................HB 571 Stroke care for all residents; recognize need for improved system........................HR 675 Surgical services; circulating nurses; provide for requirements...........................HB 1408 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 Trauma care; trust fund; provisions - CA.............................................................HR 1299 Violation of traffic laws; additional funds; uninsured trauma services; distribute ............................................................................................................HB 1220 Violation of traffic laws; additional funds; uninsured trauma services; distribute ............................................................................................................HB 1221 HOTELS, MOTELS, INNS, AND ROADHOUSES Excise tax; furnishing of public accommodations; change provisions ................HB 1030 Excise tax; furnishing of public accommodations; provisions.............................HB 1426 Excise tax; hotels and motels; change certain definitions ......................................HB 120 Hotel-motel tax; local governments; amend provisions.........................................HB 765 HOUSE OF REPRESENTATIVES 2005 Ringgold High School Lady Tigers Softball Team; invite to House ..........HR 1083 2006 Cherry Blossom Festival; City of Macon and Bibb County representatives; invite to House.........................................................................HR 1427 2006 "What Would You Say?" contest winners; Shelley Backstrom, Laura Bailey, Megan Livingston, and Lauren Sproul; invite to House.............HR 1394 8U McDonough Dawgs baseball team; coaches/players; invite to House ...........HR 1158 Alpha Kappa Alpha Day; February 20, 2006; invite Committee Chair to House .................................................................................................................HR 1297 Alternative, Renewable, and Environmentally Sensitive Fuels and Sources of Energy; create study committee.......................................................HR 1124 American Red Cross Month; March, 2006; invite to House ................................HR 1776 Austell Police Department; commend; Police Chief Bob Starrett and Mayor Joe Jerkins; invite to House ...................................................................HR 1172 BEST Robotics team; Mill Creek High School; invite members to House .........HR 1660 Bowdon High School Softball Team; Class A Champions; invite to House........HR 1367 Boy Scout Troop 383; invite to House .................................................................HR 1053 Bremen High School Competitive Cheerleading Squad; 2005-2006 State Champions; invite to House...............................................................................HR 1156 Refer to numerical index for page numbers 6366 INDEX Bremen High School; one-act competition play; cast/crew invite to House........HR 1155 Calhoun High School baseball team; invite to House ..........................................HR 1338 Certain state house districts; provide for composition .........................................HB 1137 Chivers, Dr. Mirian E.; commend and invite to House ........................................HR 1857 City of Lithonia; 150th anniversary; invite Peter Honore', Jr., Mayor to the House ...........................................................................................................HR 1561 Civil Air Patrol; recognize and invite certain members to House........................HR 1699 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 Cocker, Miss Alexa; commend and invite to House ............................................HR 1658 Coosa High School; winner of Governor's Office of School Achievement 2005 Gold Award; invite students, teacher, and administrators to House ........HR 1123 Cordele-Crisp Co. Fish Fry cooking team; commend & invite to House ............HR 1531 Cunningham, Howard "Fiddlin"; invite to House ................................................HR 1199 Dean, Ms. Tracie Lee; commend and invite to House .........................................HR 1603 Delta Sigma Theta Day; declare March 6, 2006; honor & invite to House .........HR 1460 Delta Sigma Theta Day; declare March 9, 2005; invite to House..........................HR 278 Dettmering, Matt and others; commend; Kenny Edwards; invite to House ........HR 1553 Dettmering, Matt; commend and invite to House ................................................HR 1466 Dillard, Jeff; commend and invite to House.........................................................HR 1659 Doukas, Mr. Peter G., MP; invite to House..........................................................HR 1087 Dublin High School varsity basketball team; 2006 state championship season; invite to House ......................................................................................HR 1793 Dunn, Warrick; commend and invite to House ....................................................HR 1468 Electronic Control Device ad hoc committee; urge continuation ..........................HR 341 Esteemed guests from Pogrebishche, Ukraine; invite to House...........................HR 1363 Foxx, Jamie; star of movie Ray; invite to House; honor Ray Charles ...................HR 407 Georgia 4-H; commend; 2005-2006 Leadership Team; invite to House .............HR 1307 Georgia Farm Bureau Federation; invite president to House...............................HR 1233 Georgia High School/High Tech; invite members to House................................HR 1173 Georgia Peach Festival; commend; invite 2005 Peach Queens to House............HR 1106 Georgia Superior Court Clerks' Cooperative Authority; invite to House ..............HR 948 Georgia's National Guard; Major General Poythress; commend & invite...........HR 1486 Glover, Kristan; invite to House.............................................................................HR 195 Godsey, Dr. R. Kirby; President and CEO of Mercer University; invite to House .................................................................................................................HR 1122 Griffin, Jackie R., DPA; invite to House..............................................................HR 1197 Hancock, Mr. Vincent; skeet (shotgun) world champion; invite to House ..........HR 1434 Harrell, Mr. Douglas; commend and invite to House ..........................................HR 1924 Harris, Mrs. Daisy L.; commend and invite to House..........................................HR 1858 Henry Co. High School wrestling team; 4AAAA State Dual Champions; invite to House ...................................................................................................HR 1284 Refer to numerical index for page numbers INDEX 6367 Hephzibah High School students, teachers, and administrators; invite to House ...................................................................................................................HR 604 House Asthma Strategic Planning Study Committee; create ...............................HR 1732 House Black Belt Study Committee; create .........................................................HR 2088 House Business Incentive Study Committee; create ............................................HR 1128 House City of Fairview Incorporation Study Committee; create...........................HR 765 House Comprehensive Tax Reform Study Committee; create.............................HR 1464 House Districts 167 and 179; provide for composition........................................HB 1149 House Districts 5 and 12; provide for composition..............................................HB 1156 House Districts 79, 80, and 81; provide for composition.....................................HB 1140 House Districts 86 and 89; provide for composition............................................HB 1138 House Environmental Regulation Impact Study Committee; create....................HR 1549 House Higher Education Finance and Formula Study Committee; create...........HR 1082 House Higher Education Seamless Transition Study Committee; create ..............HR 951 House Medical Device Study Committee; create.................................................HR 1232 House of Representatives; apportionment; single member districts - CA ...............HR 49 House of Representatives; Georgia flag; recite pledge of allegiance; urge..........HR 1198 House of Representatives; single-member districts - CA.........................................HR 64 House Pandemic Preparedness and Response Study Committee; House Study Committee on State Law Enforcement Salaries/Benefits; create............HR 1560 House Performance Enhancing Drugs in Athletics Study Committee; create ..................................................................................................................HR 1086 House Public Libraries Study Committee; create ................................................HR 1287 House Septage Disposal Study Committee; create ..............................................HR 1890 House State Fiscal Year Study Committee; create...............................................HR 1667 House State-Local Shared Usage of Government Facilities Study Committee; create ..............................................................................................HR 1080 House Study Committee on Biological Privacy; create .......................................HR 1558 House Study Committee on Chatham County Technical and Vocational Training in High Schools; create .......................................................................HR 1559 House Study Committee on Children: Newborns to Age Five; create.................HR 1266 House Study Committee on Coroners' Compensation; create................................HR 606 House Study Committee on Court Surcharges/Additional Fines; create .............HR 1794 House Study Committee on Cruise Ship Terminals; create .................................HR 1700 House Study Committee on Direct Entry Midwifery; create ...............................HR 1341 House Study Committee on Funding for the Arts; create ....................................HR 1921 House Study Committee on Georgia State Patrol; create.....................................HR 1154 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 Market-Demand Skills Education in High Schools; create ...................................................................................................HR 1048 House Study Committee on Nutrition and Obesity of Children; create.................HR 369 House Study Committee on Parental Involvement in Schools; create .................HR 1887 Refer to numerical index for page numbers 6368 INDEX House Study Committee on Pari-mutuel Betting and Casino Gambling; create ..................................................................................................................HR 1305 House Study Committee on Parimutuel Betting on Horse Racing; create.............HR 519 House Study Committee on Prescriptive Authority of Psychologists; create ..................................................................................................................HR 1819 House Study Committee on Prevention Programs in Health Care; create ...........HR 1922 House Study Committee on Public Health; create ...............................................HR 1663 House Study Committee on Public Retirement Fund Investment in Venture Capital; create ........................................................................................HR 197 House Study Committee on Rail Crossing Safety; create ....................................HR 1537 House Study Committee on Reporting Requirement for Local School Systems; create ....................................................................................................HR 410 House Study Committee on Restructuring DeKalb County Government; create ..................................................................................................................HR 1923 House Study Committee on Shared Parenting; create..........................................HR 1555 House Study Committee on State and Local Law Enforcement Salaries and Benefits; create............................................................................................HR 1396 House Study Committee on State Employees Salaries & Benefits; create ..........HR 1550 House Study Committee on State Law Enforcement Salaries and Benefits; create ..................................................................................................HR 1462 House Study Committee on State Mileage Reimbursement Rate; create ..............HR 910 House Study Committee on State Parole & Probation Officer Salaries and Benefits; create ..................................................................................................HR 1492 House Study Committee on Tanning Salon Consumer Protection; create...........HR 1795 House Study Committee on Teleworking; create...................................................HR 775 House Study Committee on the Creation of Focus on Our Future: A Children's Budget; create...................................................................................HR 1079 House Study Committee on the Georgia State Patrol; create...............................HR 1485 House Study Committee on the Restructuring of Rockdale County Government; create............................................................................................HR 2039 House Study Committee on Workers' Compensation Employer Fraud; create ..................................................................................................................HR 2003 House Tag Tax Study Committee; create.............................................................HR 1778 House; apportion as single member districts - CA ...................................................HR 25 Howard, State Representative Henry; condolences; invite family to House .................................................................................................................HR 1241 Jewish Federation of Greater Atlanta; commend and invite to House.................HR 1552 Jewish Federation of Greater Atlanta; invite to House.........................................HR 1269 Jonesboro High School; Georgia Mock Trial Competition winner; commend and invite to House ...........................................................................HR 1891 LaGrange College Political Science Department; invite students and faculty members to House .................................................................................HR 1796 Lakeside High School; congratulate and invite to House ....................................HR 1547 Refer to numerical index for page numbers INDEX 6369 McBee, Dr. Louise; commend and invite to House .............................................HR 1733 Milton High School Girls Lacrosse Team; 2005 state championship; invite to House ...................................................................................................HR 1200 Mitchell, Mrs. Libby; Lithonia City Council; commend & invite to House........HR 1562 Monica Pang Day; Miss America Pageant runner-up; invite to House................HR 1366 Moody, Gerald; 2005 Rick Perkins Award for Excellence in Technical Instruction; invite to House ...............................................................................HR 1239 Moore, Mr. James "Red"; commend and invite to House ....................................HR 1606 Morningside Elementary School; invite principal to House ..................................HR 514 Norcross Blue Devils; championship season; commend & invite to House........HR 1693 Notify Senate; House convened ...........................................................................HR 1042 Officers and Grand Marshal; 2006 St. Patrick's Day Parade; commend and invite to House ............................................................................................HR 1557 PAGE Day on Capitol Hill; invite Professional Association of Georgia to House .............................................................................................................HR 1298 Page, Arthur; commend and invite to House........................................................HR 1556 Parkview High School Coach Cecil Flowe; invite to House................................HR 1231 Parkview High School wrestling team; 2006 AAAAA State Duals Championship; invite to House .........................................................................HR 1230 Peach County High School Trojans football team; AAA state champions; invite to House ...................................................................................................HR 1285 Pilot performance based asset maintenance project; urge Department of Transportation initiate .....................................................................................HR 676 Poag, Mr. Charles N. "Judy"; condolences; invite family to House ....................HR 1335 REACH for Wellness Day; proclaim February 26, 2005, at Capitol; invite representatives to House ......................................................................................HR 229 Riverside Elementary School; principal; commend and invite to House.............HR 1465 Riverside Military Academy football team; GISA Class AAA state champions; invite to House ...............................................................................HR 1196 Rotary International; invite certain district governors to House ............................HR 337 Rules of House; amend Rule 10.1 ..........................................................................HR 109 Rules of House; amend Rule 13 .................................................................................HR 4 Rules of House; amend Rule 50 .............................................................................HR 416 Sellers, Thomas; commend and invite to House ..................................................HR 1467 Senate Convened; notify House of Representatives............................................... SR 644 Stanford, Miss Jenna Morgan; 2006 Georgia Watermelon Queen; commend and invite to House ...........................................................................HR 1532 State Health Benefit Plan Design Team; create....................................................HR 1535 Task Force to Study Consumer Protection Provisions in the Georgia Insurance Code; create.........................................................................................HR 270 Terrell Academy Lady Eagles softball team; GISA Region 3-A & State A Championship winner; invite to House .............................................................HR 1202 The Tams; legendary musical group; commend and invite to House ..................HR 1536 Refer to numerical index for page numbers 6370 INDEX Thomas, Coach Clinton; recognize and invite to House ......................................HR 1792 Turpin, Miss Alexa; 2006 Miss Georgia Teen America Pageant winner; invite to House ...................................................................................................HR 1489 UGA Football Team; 2005 Southeastern Conference Champions; invite to House .............................................................................................................HR 1429 UGA Gymnastics Team; 2005 NCAA National Champions; invite to House .................................................................................................................HR 1431 UGA Men's Golf Team; 2005 NCAA champions; invite to House .....................HR 1430 UGA Women's Swimming Team; 2005 National Champions; invite to House .................................................................................................................HR 1428 University System of Georgia; urge closure on election day; encourage students to work at polls ......................................................................................HR 772 USGA Women's State Team; 2005 State Champions; invite members to House .................................................................................................................HR 1268 Villegas-Narvez, Pedro, D.V.M.; invite to House ..............................................HR 1289 Ward, Mr. Hines, Jr.; Super Bowl's Most Valuable Player; invite to House .................................................................................................................HR 1342 Washington, Pastor Leon; invite to House ...........................................................HR 1490 Washington, Vincent; commend; Kenny Edwards; invite to House....................HR 1554 Wesleyan Lady Wolves; championship season; commend and invite to House .................................................................................................................HR 1694 White, Meredith; invite to House ...........................................................................HR 163 Wilson, Kimberly; 2005 Georgia Occupational Award of Leadership winner; invite to House......................................................................................HR 1238 Woodall, Annie; retirement; commend and invite to House................................HR 1563 Woods, Candler; invite to House............................................................................HR 268 Youth Leadership Henry; invite members to House ..............................................HR 202 HOUSING (See Buildings and Housing) HOUSTON COUNTY; Magistrate Court of; elections.........................................HB 1003 HOUSTON JUDICIAL CIRCUIT Superior courts; certain circuits; number of judges; provisions...........................HB 1073 HUMAN RESOURCES, DEPARTMENT OF Abortions; access to certain medical equipment; perform certain medical procedures; penalty for violations ....................................................................... SB 429 Abortion facilities; medical equipment and procedures; requirements..................HB 888 Arrests for methamphetamine crimes; certain instances; notify DFACS ..............HB 690 Bill of Rights for Children in Foster Care; urge discussion by Dept. of Human Resources and child advocates................................................................HR 300 Central Registry for Traumatic Brain/Spinal Injuries; create state-wide ............... SB 208 Refer to numerical index for page numbers INDEX 6371 Children & youth services; child protective services workers; provisions ............HB 605 Children's Vision Improvement and Learning Readiness Act-2005; enact .............HB 34 Child welfare system; conference; urge ...............................................................HR 1939 Commercial waste tank truck; rules/regulations of Dept. of Human Resources ............................................................................................................. SB 578 Community service boards; provide services to certain persons............................HB 782 Consumer Right to Participate Act; enact ..............................................................HB 779 Criminal proceedings; insanity plea; revise psychiatric evaluations...................... SB 398 Department of Juvenile Justice; Department of Human Resources; children in custody; change provisions..............................................................HB 1485 Emergency Food Assistance Program; food distribution; urge Dept. of Human Resources raise eligibility level ..............................................................HR 412 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 Health care facilities; hospital acquired infections; require certain reports .........HB 1314 Hospital Infections Disclosure Act; enact ..............................................................HB 417 Juvenile proceedings; disposition of deprived child; reunification efforts; child placement ....................................................................................................HB 333 Mental health; Department of Human Resources; persons in jail; provide transfer ...............................................................................................................HB 1266 Public schools; meningococcal meningitis; vaccines; sample educational materials...............................................................................................................HB 813 Quality Basic Education Act; enrollment eligibility; children in custody; Dept. of Human Resources/Juvenile Justice; change provisions ........................ SB 618 Sewage management systems; licensed plumbers; allow certain work .................HB 724 State grant-in-aid funds; certain counties based on population; provide .............HB 1331 Suicide Prevention Program; create .....................................................................HB 1092 Torts; medical malpractice insurance rates; certain financial limits; provisions.............................................................................................................HB 274 Treatment of obesity; study of health insurance coverage; urge..........................HR 1159 HUNTING Deer; closed and open seasons; change certain provisions ..................................HB 1134 Dogs; hunting; change certain provisions ............................................................HB 1424 Game and fish; hunting within vicinity of bait feeds on private land ....................HB 345 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; legal weapons; amend provisions............................................................HB 338 Hunting; unlawful use of substances and equipment; change provisions ............HB 1488 Refer to numerical index for page numbers 6372 INDEX Nuisances; agricultural operations; include wildlife habitat and hunting ..............HB 261 Sales tax exemption; professional hunting guide services .....................................HB 435 White-tailed deer; confinement of; certain prohibitions.......................................HB 1463 I INCOME TAX Annual accounting periods; treatment of taxable years; amend provisions .........HB 1042 Cost-of-Living Tax Fairness Act; enact .................................................................HB 182 Delivering the Cure; Newborn Umbilical Cord Blood Initiative Act; provide for creation of commission; definitions; donations................................ SB 596 Fair Tax Act; urge Congress to enact .........................................................................HR 5 Georgia Arts Trust; create ....................................................................................HB 1086 Georgia Security/Immigration Compliance Act; persons who are not lawfully present in the U.S.; comprehensive regulation...................................... SB 529 Health plans; high deductible; provide exemption ...............................................HB 1254 Income tax credit; businesses adding employees; computation .............................HB 468 Income tax credit; certain purchased or leased hybrid vehicles ...............................HB 21 Income tax credit; certain students and teachers; provisions ...............................HB 1051 Income tax credit; donations to community foundations; provide.......................HB 1146 Income tax credit; employers providing retraining programs; change provisions...........................................................................................................HB 1157 Income tax credit; imposition, rate, & computation; real property; amend .........HB 1107 Income tax credit; qualified child and dependent care expenses; provide ...........HB 1080 Income tax credit; reel mowers; provide ..............................................................HB 1048 Income tax credit; teleworking for limited period of time .....................................HB 194 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; broadband equipment; exemption ......................................................HB 742 Income tax; change certain definitions...................................................................HB 112 Income tax; corporations; gradual reduction; abolishment ......................................HB 24 Income tax; exclude certain severance pay ............................................................HB 208 Income tax; military income exclusion; amend......................................................HB 167 Individual development accounts; exclusions and tax credits; provide ...............HB 1441 Setoff debt collection; claimant agencies; include public housing authorities.............................................................................................................HB 429 State income tax; abolish ......................................................................................HB 1667 State income tax; certain cancer funds; change provisions ..................................HB 1602 State income tax; unemployment compensation; provide for exclusion..............HB 1511 Taxable net income; business relocations; exclude attributable income..................HB 12 Taxable net income; certain companies; provide adjustments .............................HB 1160 Refer to numerical index for page numbers INDEX 6373 Taxable net income; compensation for wrongful conviction; provisions ............HB 1454 Taxable net income; unreimbursed medical expenses; provisions.......................HB 1455 INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES County offices of sheriff-elect; create and provide indemnification......................HB 934 Indemnification; public safety/emergency rescue workers; define terms .............. SB 192 Law enforcement officer; change definition ..........................................................HB 953 Law enforcement officers; indemnification; revise definitions..............................HB 947 State highway employees; indemnification; increase...........................................HB 1430 INDIAN AFFAIRS American Indian tribes; Ga. 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 American Indians; certain tribes; change address ................................................HB 1109 INDIGENT (Also, see Social Services) Ambulance services; reimbursement for medicaid recipients; provisions .............HB 909 Assisted living facilities; Levels I and II; provisions .............................................HB 206 Court fines and forfeitures; civil filing fee; indigent defense fund ........................HB 771 Health Share Volunteers in Medicine Act; revise certain definitions ..................HB 1224 Hospitals; care for nonresident indigents; reimbursement procedures...................HB 317 Indigent and elderly; certain hospitals; provider fees...............................................HB 74 Nursing homes; fees; change certain provisions ..................................................HB 1308 Physician's assistants; service to indigent patients; costs .......................................HB 350 Prescription drugs; medically indigent persons; establish unused program.........HB 1178 INDIGENT DEFENSE ACT Assistant public defender; provide for each juvenile division ...............................HB 316 Commercial code; filing office for secured transactions; certain indigent defense fees............................................................................................HB 850 Ga. Public Defender Standards Council; legal services; indigent persons; change provisions ................................................................................................ SB 503 Ga. Public Defender Standards Council; ratifying the initial minimum standard; Standard for Removal for Cause.......................................................... SR 793 Performance Standards in Juvenile Court; ratifying the initial minimum standard; fiscal impact ......................................................................................... SR 955 Performance Standards; ratifying the initial minimum standard; fiscal impact................................................................................................................... SR 954 Public defenders; certain responsibilities; provisions ..........................................HB 1431 Public defenders; indigent defense services; attorney's fees/cost recovered.............................................................................................................. SB 203 Refer to numerical index for page numbers 6374 INDEX INFECTIOUS DISEASES Hospital Infections Disclosure Act; enact ..............................................................HB 417 Public schools; meningococcal meningitis; vaccines; sample educational materials...............................................................................................................HB 813 INSURANCE Accident and sickness policy; renewability; age of dependent; provisions .........HB 1456 Automobile clubs; regulate...................................................................................HB 1291 Chiropractors; change code references; chiropractic physicians............................HB 546 Construction contracts; insurance coverage; provisions ......................................HB 1538 Contract of insurance; public policy; provisions..................................................HB 1541 Correctional officers; insurance benefits; provide exemption..............................HB 1126 County/municipal insurance taxes; certain early distribution; provisions .............HB 189 Emergency medical providers; prehospital health care and medical transportation; include in definition and insurance provisions............................HB 747 Employees' retirement; group term life; define ......................................................HB 463 Georgia Assignment Pool Underwriting Authority; create ..................................HB 1359 Georgia Telemedicine Act; enact ...........................................................................HB 310 Health care insurer; certain health benefit plans; authorize .................................HB 1568 Health insurance plans; state employees; change provisions ...............................HB 1425 Health insurance; major medical policies; carry-over deductible ..........................HB 290 Health insurance; treatment of morbid obesity; require coverage............................HB 43 Health plans; high deductible; provide exemption ...............................................HB 1254 Insurance coverage; therapeutically equivalent drugs; provide ...........................HB 1413 Insurance fraud; certificate of insurance; provisions............................................HB 1539 Insurance premiums; gradual reduction in state tax; provide...............................HB 1387 Insurance tax credit; certain qualified investments; provide................................HB 1295 Insurance; accident and sickness market; promote...............................................HB 1517 Insurance; actual charge; provide definition ........................................................HB 1437 Insurance; consumer protection; health mandates; establish task force.................HB 330 Insurance; emergency services; change certain provisions ..................................HB 1257 Insurance; insolvencies; amend provisions ..........................................................HB 1444 Insurance; insurable interest in life of insured........................................................HB 443 Insurance; mental health treatment; provisions ....................................................HB 1311 Insurance; motor vehicle; relatives; provisions ....................................................HB 1242 Insurance; private passenger motor vehicles; certain state-wide rates and regulations............................................................................................................HB 427 Insurance; uniform claim form; explanation of benefits; establish ........................HB 908 Insurers; investments in the obligations of certain Canadian cities ....................... SB 385 Insurers; permit food and refreshments under certain circumstances ....................HB 425 Interstate Insurance Product Regulation Compact; enact; regulate designated insurance products; create commission ............................................. SB 384 License plates; insurance coverage termination; ten-days before fees................... SB 234 Refer to numerical index for page numbers INDEX 6375 Life insurance; coverage requirement; State of Israel; provisions .......................HB 1062 Life insurance; proceeds; provisions ....................................................................HB 1304 Medicaid or state funded health care programs; immunosuppressives; required coverage.................................................................................................HB 602 Motor vehicle liability insurance; mile based premiums .......................................HB 843 Motor vehicle liability policies; uninsured motorist; change provisions ............... SB 531 National Guard; certain active duty members; life insurance ................................HB 164 PeachKids - Health Insurance for All Georgia Children Act; enact ....................HB 1212 Personal insurance; insurable interest; clarify circumstances ..............................HB 1484 Prepaid legal services plans; amend provisions .....................................................HB 375 Prescription drugs; pricing structure; prohibit prior authorization.......................HB 1507 Small Business Employee Choice of Benefits Health Insurance Plan Act; enact .......................................................................................................................HB 83 State employees' health insurance; credentialing by new third-party administrator; provide time requirements..........................................................HB 1115 State employees' health insurance; late/noncompliance charge; provisions ........HB 1113 State employees insurance; coverage; surviving dependents/spouse..................... SB 236 State health benefit plans; termination of coverage; provisions...........................HB 1372 Task Force to Study Consumer Protection Provisions in the Georgia Insurance Code; create.........................................................................................HR 270 Title insurance; change certain provisions ...........................................................HB 1356 Torts; medical malpractice insurance rates; financial limits; provisions ...............HB 274 United States National Health Insurance Act; urge Congress to adopt................HR 1605 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/intangible recording tax; increase and allocate - CA................HR 26 Taxation of intangibles; real estate transfer tax; amend provisions .......................HB 117 INTEREST AND USURY Motor vehicle; pawn transactions; interest rates; define ......................................HB 1535 Pawnbrokers; amend certain provisions; provide for title pawn transactions ..........................................................................................................HB 675 J JAILS (See Penal Institutions) JENKINS COUNTY; board of education; nonpartisan election; provide ............HB 1621 Refer to numerical index for page numbers 6376 INDEX JONES COUNTY Board of Education; provide nonpartisan election of members ............................. SB 589 JUDGES Blue Ridge Judicial Circuit; superior courts; third judge; provide.......................HB 1263 Cherokee Judicial Circuit; add new judge..............................................................HB 204 Cobb Judicial Circuit; superior court judges; amend number ..............................HB 1111 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 Coweta Judicial Circuit; provide for a sixth judge of superior courts.................... SB 624 Dublin Judicial Circuit; add judge..........................................................................HB 232 Employees' Retirement and Judicial Retirement; certain membership; creditable service .................................................................................................HB 336 Enotah Judicial Circuit; superior court judges; amend number ...........................HB 1148 Firearms; carrying and possession; municipal and city court judges; constables; amend provisions ............................................................................HB 1044 Flint Judicial Circuit; add judge .............................................................................HB 134 Gwinnett Judicial Circuit; add judge ......................................................................HB 489 Judges of the Probate Courts Retirement Fund; designate surviving beneficiary ...........................................................................................................HB 251 Judicial Retirement System; superior court judge or district attorney; creditable service .................................................................................................HB 895 Judicial Retirement; certain judges or district attorneys; creditable service ..........HB 821 Judicial Retirement; certain military service; creditable service............................HB 871 Judicial Retirement; creditable service for certain prior service; transfer contributions ........................................................................................................HB 486 Judicial Retirement; creditable service; cease contributions..................................HB 868 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 Juvenile court judges; nonpartisan election; provisions.........................................HB 894 State health benefit plan; certain vested judges and district attorneys; continue coverage ................................................................................................HB 383 Superior courts; certain circuits; number of judges; provisions...........................HB 1073 Supreme, Appeals, superior, state courts; judges; partisan elections - CA ............HR 855 Supreme Court; election of Justices; provide - CA ..............................................HR 1336 JUDGMENT (See Verdict and Judgment) Refer to numerical index for page numbers INDEX 6377 JUDICIAL ACCOUNTING Penalties for failure to remit funds; repeal .............................................................HB 535 Probation supervision fees; requirements...............................................................HB 974 JUDICIAL CIRCUITS Alapaha Judicial Circuit; superior courts; change term of court............................ SB 615 Alapaha Judicial Circuit; term of court; change...................................................HB 1395 Alcovy Judicial Circuit; superior court judges; increase salary supplement........HB 1570 Bell-Forsyth Judicial Circuit; superior court judges; salary supplement .............HB 1572 Blue Ridge Judicial Circuit; amount of compensation; increase..........................HB 1566 Blue Ridge Judicial Circuit; superior courts; third judge; provide.......................HB 1263 Cherokee Judicial Circuit; add new judge..............................................................HB 204 Clayton Judicial Circuit; change amount of county supplement............................ SB 355 Clayton Judicial Circuit; county supplement; change amount ............................... SB 678 Clayton Judicial Circuit; judge of juvenile court; compensation from state funds/Clayton County .......................................................................................... SB 669 Clayton Judicial Circuit; judges of superior court; increase county supplement to state salary .................................................................................... SB 673 Cobb Judicial Circuit; superior court judges; amend number ..............................HB 1111 Cobb Judicial Circuit; supplement paid to each superior court judge.................... SB 616 Coweta Judicial Circuit; provide for a sixth judge of superior courts.................... SB 624 Dublin Judicial Circuit; add judge..........................................................................HB 232 Enotah Judicial Circuit; superior court judges; amend number ...........................HB 1148 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 Northeastern Judicial Circuit Public Defender Study Commission; create..........HB 1645 Pataula Circuit; superior courts; change certain terms ........................................... SB 264 Superior courts; certain circuits; number of judges; provisions...........................HB 1073 Superior courts; family court division; authorize creation .....................................HB 297 Walton Judicial Circuit; create .............................................................................HB 1255 Waycross and Alapaha Judicial Circuits; term of court; change..........................HB 1496 JURIES Administrative Office of the Courts; assist board of jury commissioners; compile and maintain jury lists..........................................................................HB 1417 Death penalty; majority vote of jurors; provisions...............................................HB 1552 Examination of witnesses; permit jurors to question; certain provisions.............HB 1235 Grand juries; state-wide; provide CA................................................................HR 1920 Juries; exemption; caregivers of certain children ...................................................HB 376 Jury duty; exemption; spouses/children of deceased military persons................... SB 376 Magistrate court; certain cases; right of removal for jury trial...............................HB 677 Trial; jury panels in misdemeanor, felony, death; peremptory challenges................. SB 2 Refer to numerical index for page numbers 6378 INDEX JURISDICTION AND VENUE Civil practice; venue; actions against joint defendants ..........................................HB 238 Civil practice; venue; actions against joint defendants ..........................................HB 573 Pretrial intervention and diversion programs; authorize certain courts to administer.............................................................................................................HB 718 JUVENILE PROCEEDINGS Amy's Law; disposition for delinquent acts; change certain provisions ................ SB 522 Assistant public defender; provide for each juvenile division ...............................HB 316 Children; curfew violation; 14 years or older; increase detention time ...............HB 1396 Feticide; types of identification; define/eliminate terms; provide reports................ SB 77 Interstate Compact for Juveniles; enact................................................................HB 1225 Judicial Retirement; juvenile court judge; creditable service.................................HB 731 Juvenile court judges; nonpartisan election; provisions.........................................HB 894 Juvenile court; general public; admit to hearings.................................................HB 1482 Juvenile court; jurisdiction for adoption proceedings; amend ...............................HB 987 Juvenile court; jurisdiction; transferring cases from Superior Court .....................HB 325 Juvenile court; superior court transferring certain cases; amend provisions..........HB 181 Juvenile Law Commission; creating/continuing .................................................... SR 700 Juvenile proceedings; bail for delinquent children................................................. SB 136 Juvenile proceedings; children; victims of sexual exploitation; provisions.........HB 1021 Juvenile proceedings; court supervision fees; amend certain provisions...............HB 335 Juvenile proceedings; designated felony acts; create different standards ............HB 1500 Juvenile proceedings; disposition of deprived child; reunification efforts; child placement ....................................................................................................HB 333 Juvenile proceedings; emancipation of minors by petition ....................................HB 847 Juvenile proceedings; mental health; change provisions......................................HB 1145 Juveniles; homicide by vehicle; provisions ..........................................................HB 1407 Local juvenile diversion programs; approved by court; fine surcharges .................HB 77 Local juvenile diversion programs; approved by court; fine surcharges .................HB 79 Pretrial proceedings; indictment for children; jurisdiction for Superior Court .................................................................................................................... SB 135 Superior court clerk; serve in state, magistrate, and juvenile county courts ..........HB 475 Superior court; transferring cases; change provisions..........................................HB 1163 K KENNESAW, CITY OF Corporate limits; change provisions .....................................................................HB 1347 Franchise agreements; change provisions ............................................................HB 1345 Quorum; change charter provision .......................................................................HB 1346 Refer to numerical index for page numbers INDEX 6379 L LABOR AND INDUSTRIAL RELATIONS Commissioner of Labor; abolish office - CA .......................................................HR 2041 Commissioner of Labor; labor organizations; certain requirements ....................HB 1262 Employment security law; exempt direct sellers from definition of employment ......................................................................................................... SB 486 Employment security; self-employment assistance program; provide.................HB 1410 Employment; discharge because of absenteeism; amend provisions .......................HB 94 Georgia Legal Employment Enforcement Act; enact.............................................HB 961 Georgia Security/Immigration Compliance Act; persons who are not lawfully present in the U.S.; comprehensive regulation...................................... SB 529 Health; labor; community service boards; repeal certain provisions .....................HB 991 House Study Committee on Workers' Compensation Employer Fraud; create ..................................................................................................................HR 2003 Income tax credit; employers providing retraining programs; provisions ...........HB 1157 Labor relations; employee leave for certain judicial proceedings............................HB 52 Labor; provide training wages .................................................................................. SB 92 Nurse Involuntary Overtime Act; provisions .........................................................HB 919 Public Employees Labor Relations Commission; create........................................HB 606 Rehabilitation services; delivery to deaf-blind individuals; procedures ................ SB 248 State-wide Reserve Ratio; contribution rates; change certain provisions ............HB 1326 Vending facilities on state property; blind vendors; revise/add definitions...........HB 337 Voluntary Contributions Act; enact........................................................................HB 153 Workers' compensation; certain requirements; provide .......................................HB 1240 Workers' compensation; exclusion for employers; maritime employment; provisions...........................................................................................................HB 1467 Workers' compensation; fee schedule; promulgation of standards; require.........HB 1509 Worker's compensation; on call but off duty employee; injury not compensable.........................................................................................................HB 694 Workers' compensation; time frame for claim to be documented; require ..........HB 1405 LAKES (See Rivers, Lakes, and Harbor Development) LAND (See Property) LANDLORD AND TENANT Georgia Municipal Association; absentee landowners and landlords; urge.........HR 1698 Landlord and tenant; dispossessory proceedings; provisions...............................HB 1104 Manufactured or mobile homes; notice of eviction; provisions...........................HB 1349 Manufactured or mobile homes; storage charges; provisions ..............................HB 1556 Public water system; water and waste-water usage among tenants; amend.........HB 1127 Security deposits; escrow accounts; change certain provisions ...........................HB 1273 Refer to numerical index for page numbers 6380 INDEX LAW ENFORCEMENT OFFICERS AND AGENCIES All-terrain vehicles; law enforcement agencies; allow use ..................................HB 1216 Arresting officers; nontraffic misdemeanor citation; provisions..........................HB 1093 Criminal trial; arrest record expunged; provisions ...............................................HB 1563 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 Eyewitness identification accuracy; procedure for enhancing; provide...............HB 1256 Farmers' markets; provide safety/security; law enforcement on premises............. SB 613 Investigate death of any person confined in penal institution ................................HB 326 Georgia Methamphetamine Offender Registry; establish ....................................HB 1418 Georgia Public Safety Training Center; child custody disputes; urge to modify program .................................................................................................HR 1538 Georgia Public Safety Training Center; emergency medical personnel; provide training; change certain provisions......................................................... SB 581 Georgia Security/Immigration Compliance Act; persons who are not lawfully present in the U.S.; comprehensive regulation...................................... SB 529 House Pandemic Preparedness and Response Study Committee; House Study Committee on State Law Enforcement Salaries/Benefits; create............HR 1560 House Study Committee on Georgia State Patrol; create.....................................HR 1154 House Study Committee on State and Local Law Enforcement Salaries and Benefits; create............................................................................................HR 1396 House Study Committee on State Law Enforcement Salaries and Benefits; create ..................................................................................................HR 1462 House Study Committee on the Georgia State Patrol; create...............................HR 1485 In-home services/residential delivery subcontractors; background checks............HB 620 Law enforcement and correctional agencies; urge suspending use of electroshock devices ................................................................................................HR 6 Law enforcement motor vehicles; blue lights on roof; repeal requirement; exception................................................................................................................ SB 64 Law enforcement officer; hiring; first offender record; review ...........................HB 1335 Law enforcement officers/agencies; electroshock devices; prohibit use .................HB 29 Law enforcement officer stopping motorist; prohibit race considerations...............HB 30 Law enforcement vehicles; require markings for Georgia State Patrol ................. SB 454 Medical assistance managed care fraud; establish; define crime; administrative hearings/appeals; change certain provisions................................ SB 572 Missing disabled adults; alert system; certain entities; urge coordination .............HR 414 Motor vehicles; law enforcement agencies; use of properly equipped allterrain vehicles..................................................................................................... SB 400 Motor vehicles; operating while under the influence; comprehensive revision; modernization; reform laws of state ..................................................... SB 502 Peace Officers' Annuity and Benefit Fund; amend provisions...............................HB 348 Refer to numerical index for page numbers INDEX 6381 Peace Officers' Annuity and Benefit Fund; certain creditable service; accept provisional applications............................................................................HB 101 Peace Officers' Annuity and Benefit Fund; prior service credit.............................HB 666 Peace Officers' Annuity and Benefit Fund; credit for prior service - CA .............HR 385 Probation services provided by local governments; standards for officers............HB 884 Probation; first offenders; amend provisions..........................................................HB 473 Public Safety Training Center facilities; allow retired officers use .......................HB 653 Public Safety, Board of; authorize to provide badge/revolver to sworn officers; state patrol; change provisions .............................................................. SB 520 Sexual offenders; punishments; registration, residency, and workplace requirements; change provisions .......................................................................HB 1059 Sheriffs; courthouse and courtroom security; responsibility for; provide............HB 1000 Sheriffs; engaging in certain businesses; violation of oath ....................................HB 323 Sheriffs; qualifying; nonpartisan election................................................................. SB 80 Sheriffs; suspension; maximum time and extension ..............................................HB 349 Special license plates; police officers wounded in line of duty..............................HB 154 Special license plates; Project Lifesaver program; promoting ...............................HB 792 Speed detection device; law enforcement officers; change provisions ..................HB 973 Speed detection devices; certain prohibited uses; amend provisions.....................HB 917 State Budgeting; comprehensive revision of provisions; revise/change duties and responsibilities of budget units........................................................... SB 556 State flags; qualifying public safety officers killed in the line of duty; honor service........................................................................................................ SB 381 TASER and Electronic Control Weapons Act; enact...........................................HB 1019 United States Border Patrol; express gratitude and support...................................HR 252 LEE COUNTY Lee County Parks and Recreation Authority; members terms; provide...............HB 1627 Lee County Utilities Authority; members terms; provide....................................HB 1629 Members of local authorities; provide for terms ..................................................HB 1630 LEESBURG, CITY OF; municipal court; provide ...............................................HB 1366 LEGAL ADVERTISING County school superintendents; employment contract; publication.........................HB 32 Ga. Procurement Registry; certain bid advertisements; local government ............HB 833 LIABILITY AND LIABILITY INSURANCE Civil practice/torts; health care liability claims; noneconomic damages ...............HB 235 Georgia Hospital Insurance Authority Act; enact ....................................................HB 70 Georgia Hospital Insurance Authority Act; enact ....................................................HB 72 Hospitals providing emergency room services; group liability insurance .............HB 827 Hospitals; liability for acts of health care providers; requirements........................HB 237 Refer to numerical index for page numbers 6382 INDEX 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 Motor vehicle liability policies; uninsured motorist; change provisions ............... SB 531 Motor vehicles; registration/licensing; permit military personnel; minimum liability insurance through purchase in other states ............................ SB 481 Pharmacists and pharmacies; drug repository; "Karon's Law"; enact....................HB 430 Torts; emergency medical care; liability claims; amend provisions ......................HB 233 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 LIBRARIES; public libraries; delete references; State Law Library ...................... SB 216 LICENSE PLATES AND REGISTRATION All-terrain vehicles; certain registration, titling, and operation; provisions...........HB 518 All-terrain vehicles; certificates of title; drivers' licenses; provisions .................HB 1004 CA: License plates; specially designed; provide for dedication of certain revenue; support/promote equine industry ........................................................ SR 1025 Disabled persons; parking permits; provide .........................................................HB 1217 Free license plates; certain disabled veterans; Department of Veterans Services; duties ....................................................................................................HB 439 Georgia War Veterans Nursing Home Trust Fund; special license plates .............HB 405 House Tag Tax Study Committee; create.............................................................HR 1778 License plates, Special; Choose Life, Inc. provide issuance, renewal, fees............. SB 69 License plates; disabled veterans; change certain provisions.................................HB 995 License plates; insurance coverage termination; ten-days before fees................... SB 234 License plates; physicians identification ................................................................HB 691 License plates; Sons of Confederate Veterans; dedicate certain revenue - CA......................................................................................................HR 1201 Motor vehicle rental companies; imposition of fee; provide definitions; procedures, conditions, and limitations ............................................................... SB 620 Motor vehicles; certain commemorative license plates; change provisions ........HB 1232 Motor vehicles; distinguishable transporter license plate; provisions..................HB 1052 Motor vehicles; registration and licensing; government owned vehicles; remove certain requirement .................................................................................HB 478 Motor vehicles; registration/licensing; permit military personnel; minimum liability insurance through purchase in other states ............................ SB 481 Motor vehicles; state vehicles; license plates; requirements..................................HB 363 Motor vehicles; tags; fees and classes; change definitions ....................................HB 119 Private military vehicles; registration; implement rules/regulations........................ SB 27 School health and physical education support program; special license plates - CA ...........................................................................................................HR 365 Refer to numerical index for page numbers INDEX 6383 Special license plates; administrative issuance procedures; refine ........................HB 727 Special license plates; AIDS survival project; provide ........................................HB 1169 Special license plates; AIDS survival project; provide - CA ...............................HR 1174 Special license plates; all veterans of the armed services; provide ......................HB 1214 Special license plates; ALS; provide ....................................................................HB 1215 Special license plates; Alzheimer's Association, Georgia Chapter ........................HB 549 Special license plates; beautification projects; provisions ...................................HB 1368 Special license plates; beneficial projects; provisions............................................HB 710 Special license plates; Benevolent and Protective Order of Elks...........................HB 342 Special license plates; Breast Cancer; distribution of renewal fees .......................HB 957 Special license plates; Breast Cancer; distribution of renewal fees .....................HB 1006 Special license plates; certain disabled veterans; two free plates...........................HB 796 Special license plates; certain pediatric cancer programs ......................................HB 921 Special license plates; child abuse prevention; provisions...................................HB 1057 Special license plates; child care industry; revenue provisions..............................HB 977 Special license plates; Children's Healthcare of Atlanta ........................................HB 308 Special license plates; Cobb County; beautification projects...............................HB 1158 Special license plates; create distinctive plates; free of charge for recipients of the Bronze Star................................................................................ SB 402 Special license plates; dedicate revenue; provisions - CA ...................................HR 1564 Special license plates; disabled persons; special decal; revise provisions .............HB 714 Special license plates; emergency medical services personnel ..............................HB 402 Special license plates; foster parents; provide......................................................HB 1309 Special license plates; Georgia Association of Realtors; provide ........................HB 1237 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 organizations; change provisions .......................HB 1053 Special license plates; honor veterans; provisions ...............................................HB 1025 Special license plates; honoring family members of service members killed in action; issuance; renewal; fees .............................................................. SB 523 Special license plates; Kappa Alpha Psi Fraternity; provide................................HB 1089 Special license plates; maritime history of Georgia's coast; provide ...................HB 1194 Special license plates; Medal of Honor winners; surviving spouse .......................HB 139 Special license plates; merchant marine; provide.................................................HB 1125 Special license plates; NASCAR; funds generated; provide for uses ..................HB 1400 Special license plates; pediatric cancer research; provide....................................HB 1150 Special license plates; persons with brain-related disorders/disabilities; provide for issuance, renewal, fees...................................................................... SB 619 Special license plates; police officers wounded in line of duty..............................HB 154 Special license plates; Project Lifesaver program; promoting ...............................HB 792 Special license plates; promote agriculture in Georgia; provide for issuance, renewals, fees, donation of revenue ..................................................... SB 370 Refer to numerical index for page numbers 6384 INDEX Special license plates; promote foundation of Atlanta Braves............................... SB 142 Special license plates; promote foundation of Atlanta Falcons.............................. SB 239 Special license plates; promote special historic preservation.................................HB 621 Special license plates; promoting Georgia Center for the Book; issuance, renewal................................................................................................................. SB 126 Special license plates; promoting the arts in Georgia ............................................HB 506 Special license plates; Purple Heart plate for motorcycles ....................................HB 135 Special license plates; Purple Heart; certain inscription ........................................HB 395 Special license plates; School Health/Physical Education Support Fund ..............HB 647 Special license plates; Sons of Confederate Soldiers; provisions ........................HB 1205 Special license plates; Stroke Awareness...............................................................HB 750 Special license plates; "Support Our Troops"; provide ........................................HB 1189 Special license plates; supporting Global War on Terrorism and Iraqi Freedom; provide issuance; renewal; fees........................................................... SB 538 Special license plates; supporting Global War on Terrorism and Operation Enduring Freedom; provide issuance; renewal; fees .......................... SB 539 Special license plates; Thanks Mom and Dad fund; provide ...............................HB 1088 Special license plates; all veterans of the armed services; provide ......................HB 1214 Tourism; urge state to promote with website on license plates..............................HR 430 Transportation; toll provisions; amend.................................................................HB 1190 LICENSES Adult video stores; state licenses; require ............................................................HB 1553 Alcoholic beverages; comprehensive revision of provisions; provide.................HB 1248 Alcoholic beverages; municipal or county licenses; increase fee ..........................HB 720 Animal protection; licenses; change certain provisions .......................................HB 1174 Animals; amend provisions relating to bird dealers or pet dealers ........................HB 108 Barbershop; license requirements; change certain provisions..............................HB 1619 Chiropractors; board of examiners; additional authority........................................HB 147 Chiropractors; revoke license or discipline licensee; additional grounds ..............HB 377 Contractors; licensing requirements; extend date.................................................HB 1542 Contractors; licensing; examination; extend date.................................................HB 1520 Embalmers and funeral directors; certain requirement; authorize waiver............HB 1260 Georgia Journeyman Electrician Licensing Act; enact ........................................HB 1381 Handguns; license to carry; certain restrictions on issuance; provide....................HB 952 Hazardous sites; prequalification and licensing; provisions ................................HB 1549 Health care professionals; cultural competency; require continuing education............................................................................................................HB 1401 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 Mortgage loan officers; definitions and provisions................................................HB 498 Nonprofit youth development organizations; licensing; exemptions.....................HB 451 Refer to numerical index for page numbers INDEX 6385 Physical therapists; services without referrals; limited circumstances...................HB 801 Private detectives and private security officers; licensing; revise........................HB 1259 Residential and General Contractors State Licensing Board; membership............HB 184 Residential and General Contractors State Licensing Board; provisions.............HB 1391 Speech-language pathologists/audiologists; licensing; change provisions ..........HB 1112 State ordered executions; protect physicians and medical professionals licensure .................................................................................................................HB 57 Surgical assistants; licensing standards and requirements; provisions...................HB 938 Tanning facilities; definitions and provisions ........................................................HB 702 Taxicabs; certain safety equipment; provisions....................................................HB 1505 Veterinarians and veterinary technicians; requirements; amend provisions ..........HB 999 Wild animals; licenses and permits; amend lists ....................................................HB 107 LITHONIA, CITY OF; new charter; provide.......................................................HB 1620 LIVING WILLS; statutory living will form; revise ................................................ SB 533 LOANS Georgia Predatory Lending Prevention Act; enact.................................................HB 808 Low-interest mortgage loans for certain public employees; provide - CA ............HR 903 LOBBYING AND LOBBYISTS Ethics in government; amend provisions....................................................................HB 7 Ethics in government; amend provisions..................................................................HB 47 Lobbyists; payment of registration; provide.........................................................HB 1141 State employees; lobbying for anyone other than employer; prohibit ...................HB 681 LOCAL GOVERNMENT (Also, see Counties or Municipalities) 911 telephone charges; billing, collection, and use; provisions .............................HB 148 Ad valorem taxation of property; revise pay structure of certain county officers /officials; provide recalculation of min. salaries .................................... SB 450 Ad valorem tax; certain exemptions; authorize governing authority - CA ..........HR 1634 Alcoholic beverages; local authorization; eliminate provisions...........................HB 1605 Alcoholic beverages; local ordinances; provide certain limits for fines ..............HB 1501 Appraisal; county staff; change certain provisions...............................................HB 1187 Bianca Walton Anti-Bullying Act; enact................................................................HB 424 Biodiesel fuels; require use by certain vehicles operated by local school districts; local governments ................................................................................. SB 453 Bonds; aggregate amount; raise............................................................................HB 1300 Bonds; reporting requirements; change certain provisions ..................................HB 1495 Budgets/audits; local government; grant requirements; subrecipients................... SB 202 Building mapping information systems; development/implementation; rules and regulations ............................................................................................ SB 223 Refer to numerical index for page numbers 6386 INDEX Certain buildings; state funds; sustainability standards; require ..........................HB 1402 Certain government vehicles; clean and renewable fuels; require use.................HB 1412 Classrooms First for Georgia Act; require local schools to spend minimum operating funds on direct classrooms expenditures ............................ SB 390 Clerks of superior court and coroners; qualifying; nonpartisan election ...............HB 403 Community Development Block Grant Program; urge support.............................HR 386 Comprehensive emergency preparedness/response educational program; urge to create......................................................................................................HR 1692 Compulsory school attendance law; exemptions; provide local board of education policies; minimum annual attendance; change provisions.................. SB 413 Council of Local Governments; conflict between cities and counties; urge to address ...........................................................................................................HR 1791 Council of Municipal Court Judges of Georgia; membership provisions..............HB 531 Council on Affordable Housing; create....................................................................HB 39 Counties and municipal corporations; certificates and medallions; amend provisions...........................................................................................................HB 1462 Counties and municipal corporations; fraud, waste, and abuse; provisions.........HB 1100 Counties and municipalities; public water and sewage systems; prohibitions; exceptions.......................................................................................HB 510 Counties or municipal corporations; fraud, waste, and abuse; provisions ...........HB 1369 County board of tax assessors; member requirements; provisions ......................HB 1081 Development Impact Fee Act; amend provisions...................................................HB 637 Education; certain historical documents; prohibit restriction.................................HB 158 Education; eliminate local five mill share funds; allocation of 1 percent sales tax................................................................................................................HB 958 Education; local boards; additional elective courses; provide state funding............ SB 79 Education; local boards; allow certain donations of sick leave..............................HB 543 Eminent domain; comprehensive revision of provisions; provide .......................HB 1313 Enhanced redevelopment powers; definitions and provisions ...............................HB 152 Ethics in government; amend provisions....................................................................HB 7 Ethics in government; amend provisions..................................................................HB 47 Fair Annexation Act; establish state policy regarding annexation; enact ..............HB 962 Family burial plots; counties and municipal corporations; provide access..........HB 1386 General obligation and revenue bonds; requirements; provisions .......................HB 1012 Georgia Development Impact Fee Act; change certain provisions ......................HB 1230 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 Home inspectors; definitions; documentation; requirements; provisions ..............HB 903 Home rule; fixing hours of sale of alcoholic beverages; provisions ......................HB 717 Hotel-motel tax; local governments; amend provisions.........................................HB 765 Refer to numerical index for page numbers INDEX 6387 Impact fees; single family construction; provide maximum ..................................HB 547 Local board of education; breach of security; require written notification ..........HB 1518 Local board of education; personal safety and abduction avoidance course; provide...................................................................................................HB 1152 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; establish start date of school year ...............................HB 285 Local boards of education; health benefit plan; certain members..........................HB 462 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 Local government contracts; optional bidding preference; local businesses.............................................................................................................HB 220 Local government zoning decisions; effects on local school systems .....................HB 42 Local government; infrastructure development districts; provide........................HB 1323 Local government; newly created municipalities; change provisions; removal of new municipal corporations .............................................................. SB 569 Local governments; registration of residential rental property; eliminate prohibition..........................................................................................................HB 1084 Local governments; regulatory fees; sale of certain lawful products; provisions.............................................................................................................HB 304 Local option sales tax; capital outlay; eligible expenditures..................................HB 825 Local school superintendents; certain employment opportunities; prohibit ........HB 1411 Local school system; summer food service program; establish ...........................HB 1098 Lovejoy to Atlanta rail project; obligation of state; operating subsidy agreements ...........................................................................................................HR 254 Metropolitan North Georgia Water Planning District; plumbing; urge local governments ..............................................................................................HR 1286 Misdemeanor traffic offenses; fines to be paid into state treasury.........................HB 419 Missing disabled adults; alert system; certain entities; urge coordination .............HR 414 Motor vehicles; highway work zones; required signage ........................................HB 160 Municipal corporation; annexation of property; amend.......................................HB 1101 Municipal corporation; incorporation; provide compliance certification .............. SB 574 Municipal corporation; special services district; within 3 miles of noncontiguous area treated as same noncontiguous area .................................... SB 399 Municipal corporations; ordinance violations; maximum sentences .....................HB 730 Municipal corporations; referendum approval; require........................................HB 1592 Municipal court clerks; required training; provide...............................................HB 1288 Municipal sales and use tax; funding of projects and services; provide ..............HB 1065 Municipalities; courts; home rule powers; maximum fines ...................................HB 719 Municipality or county; earthquakes; provide governing authority .....................HB 1508 Open records & open meetings; local/state governments; exceptions - CA ..........HR 411 Refer to numerical index for page numbers 6388 INDEX Pledge of allegiance; local boards of education; encourage students...................HR 1940 Probation services provided by local governments; officers standards..................HB 884 Public libraries; delete references; State Law Library ........................................... SB 216 Public policy; citizens participation in government; amend ................................HB 1131 Redevelopment Powers Law; change certain definitions.....................................HB 1361 Regional development centers; fee for reviewing certain actions by local governments.........................................................................................................HB 604 Rezoning; building permits; moratorium; provide for hearings...........................HB 1595 Sales and use tax; county maintenance/repair; authorize use.................................HB 996 Sales and use taxes; unincorporated islands; provisions ......................................HB 1493 School bus routes; rail crossings list; warning devices; urge school districts to survey ...............................................................................................HR 1942 School clubs; local boards provide information to parents; policies and procedures .....................................................................................................HB 661 Sewerage service suppliers; include storm-water runoff; prohibit certain liens ......................................................................................................................HB 640 Sheriffs; authority of courthouse security; remove courthouses/jails from list of properties protected ................................................................................... SB 462 Special county 1 percent sales tax; county maintenance; authorize use ................HB 990 State and local government purchasing contracts; preference for Georgia products and vendors .............................................................................................HB 91 State fire marshal; local governments; investigatory authority; change provisions...........................................................................................................HB 1471 Student Health and Fitness Act; establish health advisory councils; require local boards of education to adopt school health program...................... SB 474 Taxes; local governments; liable for certain legal fees; provisions .......................HB 949 Taxicabs; certain safety equipment; provisions....................................................HB 1505 Transportation; design-build contracts; revise criteria ........................................... SB 231 Urban Redevelopment Law; moratorium upon the exercise of eminent domain; statement of legislative findings and intent; provide.............................HB 960 Urban Redevelopment Law; provide moratorium upon the exercise of power of eminent domain; exceptions............................................................. SB 391 LOCAL OPTION SALES TAX Local option sales tax; health care within special districts; provisions..................HB 688 Local option sales tax; new qualified municipalities; change provisions ............HB 1403 Special county 1 percent sales tax; amend provisions............................................HB 493 LOITERING Loitering on school premises; failure to leave when requested; penalty ...............HB 465 LOTTERY FOR EDUCATION Education; use of lottery funds; amend ................................................................HB 1287 Refer to numerical index for page numbers INDEX 6389 Emergency management; "Mattie's Call Act"; create ............................................HB 794 HOPE scholarships and grants; change provisions ..............................................HB 1370 HOPE scholarships/grants; definitions; correct scrivener's error; provide for students in professional level programs ......................................................... SB 561 HOPE scholarships; definitions; quarter or semester hour limitation ....................HB 299 HOPE scholarships; set amount for mandatory fees; eligible public postsecondary institutions; January 1, 2004 ........................................................ SB 506 Lottery for education; method of payment for tickets............................................HB 346 Lottery funds; eliminate Construction Reserve Trust Fund; Board of Education; funds to local units of admin.; electronic technology ....................... SB 440 Lottery proceeds; provide method to recover delinquent child support payments; change certain provisions ................................................................... SB 419 LOWNDES COUNTY; public property; conveyance; 13 counties ........................ SR 823 LUMPKIN COUNTY Board of Elections and Registration; change provisions......................................HB 1159 M MACON COUNTY Macon Water Commissioners Pension Plan; amend............................................HB 1348 MADISON COUNTY Board of education; increase in compensation; provide for procedures ................ SB 644 Create board of commissioners; road/revenues...................................................... SB 577 MADISON, CITY OF; charter; amend, consolidate, revise, and restate ................ SB 659 MAGISTRATE COURTS Magistrate court; certain cases; right of removal for jury trial...............................HB 677 Magistrates Retirement Fund; define terms; create board of commissioners; powers........................................................................................ SB 244 Magistrate's salary; waiver; provide .....................................................................HB 1399 Superior court clerk; serve in state, magistrate, and juvenile county courts ..........HB 475 MARIETTA, CITY OF Cobb County-Marietta Water Authority; change membership, vacancy provisions............................................................................................................. SB 138 Public schools; compensation of board; provide..................................................HB 1201 Refer to numerical index for page numbers 6390 INDEX MARRIAGE (Also, see Domestic Relations) Divorce; distribution of marital property; amend provisions ...................................HB 44 Marriage age requirement; pregnancy; repeal exception .......................................HB 945 Marriage contract; age of majority; provisions ....................................................HB 1023 Marriage; minimum age requirement in case of pregnancy; repeal .....................HB 1016 Marriage; pregnancy; age requirements; amend provisions.................................HB 1028 MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) MARTA; public records relating to fare payment system; exempt from disclosure; provide...............................................................................................HB 955 MARTA; reserve fund interest income used to pay operating cost; provision .............................................................................................................. SB 115 MARTA; use of sales proceeds for authority; extend provisions .......................... SB 114 Motor vehicles; yield right of way to certain public transit buses .........................HB 778 MARTIN, TOWN OF Mayor and city council; terms ................................................................................HB 829 Mayor and city council; terms ................................................................................HB 802 MASS TRANSPORTATION MARTA; public records relating to fare payment system; exempt from disclosure; provide...............................................................................................HB 955 MARTA; reserve fund interest income used to pay operating cost; provision .............................................................................................................. SB 115 MARTA; use of sales proceeds for authority; extend provisions .......................... SB 114 Mass transportation system; transfers between agencies; provisions...................HB 1536 Mass transportation; referendum; commuter rail project; provisions ..................HB 1033 Motor fuel; public mass transit; change certain provisions..................................HB 1244 Motor vehicles; yield right of way to certain public transit buses .........................HB 778 Public transportation; governmental function; create authority - CA ....................HR 168 Rail Passenger Authority; commuter rail project; requirements for expenditures .........................................................................................................HB 523 Transportation; Lovejoy to Atlanta rail project; subsidize costs..........................HR 1227 Transportation; Lovejoy to Atlanta rail project; subsidize costs..........................HR 1237 MCINTOSH COUNTY Board of elections and registration; create ...........................................................HB 1644 Chief magistrate; nonpartisan elections..................................................................HB 380 Probate judge; magistrate court; provisions .........................................................HB 1199 School district; homestead exemption; provisions ...............................................HB 1198 Refer to numerical index for page numbers INDEX 6391 MEDICAL ASSISTANCE AND MEDICAID Certain prescription drugs; Medicaid; require authorization; prohibit.................HB 1172 Georgia Long-Term Care Partnership Program Act; enact....................................HB 133 Handicapped; medicare prescription drug insurance plan; provisions.................HB 1364 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 MENTAL HEALTH Assisted living facilities; Levels I and II; provisions .............................................HB 206 Community Service Board Overview Commission; create......................................HB 35 Community service boards; provide services to certain persons............................HB 782 County Board of Health; contracts; revise certain provisions..............................HB 1223 Criminal proceedings; insanity plea; revise psychiatric evaluations...................... SB 398 Health; labor; community service boards; repeal certain provisions .....................HB 991 Insurance; mental health treatment; provisions ....................................................HB 1311 Juvenile proceedings; mental health; change provisions......................................HB 1145 Mental health care; advance directives; urge State of Georgia to establish .........HR 1398 Mental health care; declaration to appoint agent; authorize.................................HB 1582 Mental health; Department of Human Resources; transfer persons in jail...........HB 1266 Mental illness; privatization of one or more state facilities; require ....................HB 1472 National alert system; missing adults; urge Congress enact ..................................HR 513 National Eating Disorders Awareness Week; recognize Feb.19-28, 2005 ............HR 253 MENTALLY RETARDED 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) Employees; legislative branch; merit system; optional coverage; repeal............... SB 286 Public officers/employees; provide for meritorious award program; definitions; establishment/implementation.......................................................... SB 472 MILAN, CITY OF Historic Milan Railroad Depot Museum Authority; create..................................HB 1632 Refer to numerical index for page numbers 6392 INDEX MILITARY AFFAIRS Board of Education; military recruitment; notify students and parents of rights; require.......................................................................................................HB 981 Compulsory attendance; students' parent in military; granted excused absences to visit parent prior to deployment ....................................................... SB 424 Crimes; impersonating veteran or active duty member; define offense...................HB 80 Discrimination within the United States Armed Forces; discourage ...................HR 2090 Education; parent in military service; excused absences; provide .........................HB 984 Firefighters' and Class Nine Pension Funds; certain active military duty; creditable service .................................................................................................HB 660 Georgia National Guard 48th Infantry Brigade; urge to award Presidential Unit Citation ......................................................................................................HR 1364 Georgia's military installations; urge President and Congress to consider importance ...........................................................................................................HR 216 HERO; provide surviving spouses shall be eligible students................................. SB 415 Homestead exemption; spouses of killed U.S. service members; amend ............HB 1074 Income tax; military income exclusion; amend......................................................HB 167 Judicial Retirement; certain military service; creditable service............................HB 871 Motor vehicles; registration/licensing; permit military personnel; minimum liability insurance through purchase in other states ............................ SB 481 National Guard or reserves; economic relief; create commission on HEROES..............................................................................................................HB 165 National Guard; certain active duty members; life insurance ................................HB 164 Private military vehicles; registration; implement rules/regulations........................ SB 27 Reddick, Brigadier General Terrell T.; Statesboro Armory; declare support for dedication ........................................................................................HR 1463 Retirement; prior military service credit ................................................................HB 253 Special license plates; create distinctive plates; free of charge for recipients of the Bronze Star................................................................................ SB 402 Special license plates; Medal of Honor winners; surviving spouse .......................HB 139 Special license plates; "Support Our Troops"; provide ........................................HB 1189 State Board of Education; military recruitment; notify of right to opt out...........HB 1625 U.S. Dept. of Defense; urged to take action to cause commissary/post exchange on Fort Gillem to remain open .......................................................... SR 1127 MILK AND MILK PRODUCTS Milk; milk products; standards and requirements; change provisions ................... SB 441 Ungraded milk, raw whole milk, and condensed or evaporated milk; definitions, standards, and requirements .............................................................HB 576 MILLEDGEVILLE, CITY OF Transaction of business of city council; enact matters; provide for meetings; duties/powers of mayor ....................................................................... SB 666 Refer to numerical index for page numbers INDEX 6393 MILLER COUNTY Miller County Recreation Authority; amend........................................................HB 1269 State Court; judge and solicitor-general; change compensation ..........................HB 1560 MINERAL RESOURCES AND CAVES County excise tax; severance of solid minerals; provide .....................................HB 1116 Sales and use tax exemption; mining or quarrying; provisions............................HB 1352 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 .............................HB 565 Alcoholic beverages; prohibit purchasing; persons under 21.................................HB 564 Bill of Rights for Children in Foster Care; urge discussion by Dept. of Human Resources and child advocates................................................................HR 300 Care of a Grandchild Act; power of attorney from parent to grandparent; create pilot program to provide subsidy to certain grandparents......................... SB 420 Child abuse; reporting; change certain provisions ................................................. SB 442 Child Custody Intrastate Jurisdiction Act; change certain provisions...................... SB 94 Child support; mentally or physically disabled child beyond age of majority ................................................................................................................HB 142 Children and youth services; transitional care centers; revise..............................HB 1233 Children and youth; child protective services workers; amend provisions............HB 605 Children; custody; allowances..............................................................................HB 1268 Children; curfew violation; 14 years or older; increase detention time ...............HB 1396 Children's Vision Improvement and Learning Readiness Act-2005; enact .............HB 34 Community Living Services Joint Study Committee; create .................................HR 492 Community service boards; provide services to certain persons............................HB 782 Compulsory attendance; students' parent in military; granted excused absences to visit parent prior to deployment ....................................................... SB 424 Compulsory school attendance law; exemptions; provide local board of education policies; minimum annual attendance; change provisions.................. SB 413 Compulsory school attendance law; withdraw from enrollment; amend provisions...........................................................................................................HB 1017 Custody; crimes of interference with; change provisions ......................................HB 968 Department of Human Resources; child welfare system; conference; urge.........HR 1939 Department of Juvenile Justice; Department of Human Resources; children in custody; change provisions..............................................................HB 1485 Divorce; change time limit; effect on children; require education classes............... SB 25 Drivers' licenses; minors; revocation of permits and licenses; procedure..............HB 258 Refer to numerical index for page numbers 6394 INDEX Drivers' licenses; young driver tracking service; provide ....................................HB 1069 Drivers' licenses; youthful driver tracking service; create .....................................HB 918 Family planning services; medical referral; requirements .....................................HB 566 Feticide; redefine manslaughter, assault, battery; define unborn child ..................HB 243 Georgia Child, Family, and School Communications Protection; enact; provide conditions for registration....................................................................... SB 425 House Study Committee on Children: Newborns to Age Five; create.................HR 1266 House Study Committee on Nutrition and Obesity of Children; create.................HR 369 House Study Committee on the Creation of Focus on Our Future: A Children's Budget; create...................................................................................HR 1079 Joint Study Committee on Feasibility of a Children and Youth Cabinet; create ..................................................................................................................HR 1113 Juvenile court; general public; admit to hearings.................................................HB 1482 Juvenile court; jurisdiction; transferring cases from Superior Court .....................HB 325 Juvenile court; superior court transferring certain cases; amend provisions..........HB 181 Juvenile proceedings; bail for delinquent children................................................. SB 136 Juvenile proceedings; children; victims of sexual exploitation; provisions.........HB 1021 Juvenile proceedings; court supervision fees; amend certain provisions...............HB 335 Juvenile proceedings; disposition of deprived child; reunification efforts; child placement ....................................................................................................HB 333 Juvenile proceedings; emancipation of minors by petition ....................................HB 847 Juvenile proceedings; mental health; change provisions......................................HB 1145 Marriage age requirement; pregnancy; repeal exception .......................................HB 945 Marriage; minimum age requirement in case of pregnancy; repeal .....................HB 1016 Marriage; pregnancy; age requirements; amend provisions.................................HB 1028 Metabolic and genetic disorders; newborn screening; change provisions ...........HB 1066 Motor vehicles; use of mobile phone; prohibit person less than 17 years of age....................................................................................................................HB 963 Obscenity; electronic furnishing of material to minors; change provisions of crime ................................................................................................................ SB 316 PeachCare for All Kids Act; enact .......................................................................HB 1464 PeachKids - Health Insurance for All Georgia Children Act; enact ....................HB 1212 Pretrial proceedings; indictment for children; jurisdiction for Superior Court .................................................................................................................... SB 135 Sexual offender registry; sexually violent offense; redefine..................................HB 140 Sexual offenses; change definitions; provide for increased punishment................HB 942 Sexual offenses; raise the age of consent to 18 years of age..................................HB 722 Special license plates; certain pediatric cancer programs ......................................HB 921 Student violence against teacher; remain in class at discretion of teacher.............HB 421 Tanning facilities; definitions and provisions ........................................................HB 702 The Interstate Compact for Juveniles; enact.........................................................HB 1225 Time for Schools Act; enact ...................................................................................HB 230 Refer to numerical index for page numbers INDEX 6395 MITCHELL COUNTY; county surveyor; abolish office.....................................HB 1312 MOBILE HOMES Ad valorem tax; mobile homes; amend certain provisions ....................................HB 739 Ad valorem tax; motor vehicles and mobile homes; registration provisions.............................................................................................................HB 255 Manufactured or mobile homes; notice of eviction; provisions...........................HB 1349 Manufactured or mobile homes; storage charges; provisions ..............................HB 1556 MONROE, CITY OF; quorum requirements; revise provisions ..........................HB 1474 MONROE COUNTY Office of judge of probate court; nonpartisan elections ......................................... SB 681 MONTGOMERY COUNTY School district; alternate method of distribution for educational purposes............ SB 321 MORGAN COUNTY Board of elections and registration; create ...........................................................HB 1494 Morgan County Building Authority; create..........................................................HB 1584 MORTGAGES, LIENS, AND SECURITY Aircraft; liens for labor/contracts of indemnity; filing notice of intention to claim with clerk of superior court.................................................................... SB 638 Foreclosure; right of redemption ............................................................................HB 741 Hospital lien; 30 days after discharge; provide for notice....................................HB 1379 Hospital/nursing home liens; change notice/filing provision; effect of release .................................................................................................................. SB 306 Mortgage brokers; urge Governor and Department of Banking and Finance oversee....................................................................................................HR 822 Mortgage loan officers; definitions and provisions................................................HB 498 Property; liens; change provisions; conditions; value ............................................ SB 530 Superior Court; clerk; lien; provisions .................................................................HB 1492 MOTOR CARRIERS Require representatives complete educational seminar..........................................HB 726 MOTORCYCLES Motor vehicle accidents; injuries to motorcyclists; certain serious bodily injuries to persons; penalties..................................................................................HB 82 Motorcycles; certain traffic regulations; provisions...............................................HB 141 Motorcycles; protective headgear; exempt certain persons....................................HB 369 Motorcycles; protective headgear; exempt certain persons....................................HB 875 Refer to numerical index for page numbers 6396 INDEX Public Safety, Department of; motorcycle enforcement program; provisions for payment ......................................................................................HB 1209 Special license plates; Purple Heart plate for motorcycles ....................................HB 135 MOTOR FUEL AND ROAD TAX Joint county and municipal sales tax on motor fuel; authorize; referendum..........HB 797 Motor fuel tax; change certain definitions..............................................................HB 114 Motor fuel; public mass transit; change certain provisions..................................HB 1244 Sales and use and motor fuel taxes; aviation fuel; revenue provisions-CA .........HR 1094 Sales and use tax; graduated exemption for biodiesel fuels; provide...................HB 1378 State Public Transportation Fund; limit collections and expenditures...................HB 361 MOTOR VEHICLE RACETRACKS Pari-mutuel betting; remove prohibition; taxation; dedicate revenue - CA .............HR 90 MOTOR VEHICLES AND TRAFFIC Abandoned motor vehicles; possessory liens; provide.........................................HB 1422 Ad valorem tax; motor vehicle and mobile home; registration provisions ............HB 255 Alcoholic beverages; prohibit consumption; persons under 21 .............................HB 565 Alcoholic beverages; prohibit purchasing; persons under 21.................................HB 564 All-terrain vehicles; additional definitions; provisions ..........................................HB 654 All-terrain vehicles; certain registration, titling, and operation; provisions...........HB 518 All-terrain vehicles; certificates of title; drivers' licenses; provisions .................HB 1004 All-terrain vehicles; law enforcement agencies; allow use ..................................HB 1216 Automobile clubs; regulate...................................................................................HB 1291 Biodiesel fuels; require use by certain vehicles operated by local school districts; local governments ................................................................................. SB 453 Capitol Avenue lane usage; urge Department of Transportation, City of Atlanta, and Capitol Police conduct study...........................................................HR 820 Certain vehicles; penalties for passing; change provisions ..................................HB 1406 Commercial drivers' licenses; change certain definitions ........................................ SB 28 Commercial drivers' licenses; hazardous materials endorsement; security threat assessment..................................................................................................HB 764 Controlled substances; motor vehicles; prohibit false compartments ....................HB 278 Criminal or traffic laws; additional penalties; designate funds - CA ...................HR 1228 Department of Driver Services; verify claim of legal domicile or residence; provide ..............................................................................................HB 1070 Disabled persons; parking permits; provide .........................................................HB 1217 Driver training schools; definitions; provide........................................................HB 1252 Driver training schools; operated on private property; provide exception.............HB 569 Driver's license centers; priority of service; requirements .....................................HB 225 Driver's license; surrender; provide specific date.................................................HB 1171 Drivers' licenses; anatomical gifts; wording of notation affixed to license ...........HB 471 Refer to numerical index for page numbers INDEX 6397 Drivers' licenses; certain provisions; clarify.........................................................HB 1253 Drivers' licenses; certain records; furnish to GBI...................................................HB 513 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; minors; revocation of permits and licenses; procedure..............HB 258 Drivers' licenses; social security number; prohibit use ..........................................HB 161 Drivers' licenses; young driver tracking service; provide ....................................HB 1069 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 Environmental offenses; littering; revise provisions............................................HB 1320 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 Free license plates; certain disabled veterans; Department of Veterans Services; duties ....................................................................................................HB 439 Georgia Driver's Education Commission; change membership............................. SB 637 Georgia Driver's Education Commission; create; Joshua's Law ............................HB 584 Georgia War Veterans Nursing Home Trust Fund; special license plates; create ....................................................................................................................HB 405 Income tax credit; certain purchased or leased hybrid vehicles ...............................HB 21 Insurance; motor vehicle; relatives; provisions ....................................................HB 1242 Insurance; private passenger motor vehicles; certain state-wide rates and regulations............................................................................................................HB 427 Juveniles; homicide by vehicle; provisions ..........................................................HB 1407 Laser speed detection devices; testing; accuracy requirements .............................HB 732 Law enforcement motor vehicles; blue lights on roof; repeal requirement; exception................................................................................................................ SB 64 Law enforcement officer stopping motorists; prohibit race considerations .............HB 30 Law enforcement vehicles; require markings for Georgia State Patrol ................. SB 454 License plates, Special; Choose Life, Inc. provide issuance, renewal, fees............. SB 69 License plates; disabled veterans; change certain provisions.................................HB 995 License plates; insurance coverage termination; ten-days before fees................... SB 234 License plates; physicians identification ................................................................HB 691 License plates; Sons of Confederate Veterans; dedicate certain revenue - CA......................................................................................................HR 1201 License, honorary; veterans; provide for unremarried surviving spouse or child of deceased military persons; conditions.................................................... SB 373 Local boards of education; driver education courses; provisions ..........................HB 814 Refer to numerical index for page numbers 6398 INDEX Mallory's Act; permanently disabled persons; parking permits; amend provisions.............................................................................................................HB 959 Misdemeanor traffic offenses; fines to be paid into state treasury.............................HB 6 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 Motor vehicle accidents; injuries to motorcyclists; certain serious bodily injuries to persons; penalties..................................................................................HB 82 Motor vehicle emission; certain standards; adopt ..................................................HB 980 Motor vehicle liability insurance; mile based premiums .......................................HB 843 Motor vehicle liability policies; uninsured motorist; change provisions ............... SB 531 Motor vehicle rental companies; imposition of fee; provide definitions; procedures, conditions, and limitations ............................................................... SB 620 Motor vehicle; alcoholic beverage; provisions.....................................................HB 1094 Motor vehicle; pawn transactions; interest rates; define ......................................HB 1535 Motor vehicles and traffic; habitual violators; amend certain provisions ..............HB 932 Motor vehicles; abandonment; certain definitions and provisions.........................HB 880 Motor vehicles; alcohol, drugs, or other substances; provisions..........................HB 1222 Motor vehicles; certain commemorative license plates; provisions.....................HB 1232 Motor vehicles; distinguishable transporter license plate; provisions..................HB 1052 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; law enforcement agencies; use of properly equipped all-terrain vehicles................................................................................................ SB 400 Motor vehicles; licensing of ignition interlock device providers...........................HB 276 Motor vehicles; operating while under the influence; comprehensive revision; modernization; reform laws of state ..................................................... SB 502 Motor vehicles; registration and licensing; government owned vehicles; remove certain requirement .................................................................................HB 478 Motor vehicles; registration/licensing; permit military personnel; minimum liability insurance through purchase in other states ............................ SB 481 Motor vehicles; registration; place of return; amend ...........................................HB 1236 Motor vehicles; salvaged or rebuilt; change certain provisions ...........................HB 1564 Motor vehicles; state vehicles; license plates; requirements..................................HB 363 Motor vehicles; state waters; provide rules for operating ....................................HB 1206 Motor vehicles; tags; fees and classes; change definitions ....................................HB 119 Motor vehicles; use of mobile phone; prohibit certain drivers...............................HB 322 Motor vehicles; use of mobile phone; prohibit person less than 17 years of age....................................................................................................................HB 963 Motor vehicles; windshields; reduce light transmission/increase light reflectance; authorize certified optometrist to provide attestation ...................... SB 570 Refer to numerical index for page numbers INDEX 6399 Motor vehicles; yield right of way to certain public transit buses .........................HB 778 Motorcycles; certain traffic regulations; provisions...............................................HB 141 Motorcycles; protective headgear; exempt certain persons....................................HB 369 Motorcycles; protective headgear; exempt certain persons....................................HB 875 Optometrists; materials which reduce light; certain persons; exemptions ...........HB 1231 Passenger vehicles and pickup trucks; safety belts; require use...........................HB 1114 Pawn transactions; motor vehicle sales surplus; provisions...................................HB 864 Private military vehicles; registration; implement rules/regulations........................ SB 27 Private property; trespass towing; certain time period ...........................................HB 267 Public Safety, Department of; motorcycle enforcement program; provisions for payment ......................................................................................HB 1209 School health and physical education support program; special license plates - CA ...........................................................................................................HR 365 Seat belts; failure to wear; increase fine.................................................................HB 257 Seat belts; passenger vehicles; eliminate certain exceptions....................................HB 18 Sexual offenses; motor vehicle forfeiture procedure; amend provisions .............HB 1465 Special license plates; administrative issuance procedures; refine ........................HB 727 Special license plates; AIDS survival project; provide ........................................HB 1169 Special license plates; AIDS survival project; provide - CA ...............................HR 1174 Special license plates; ALS; provide ....................................................................HB 1215 Special license plates; Alzheimer's Association, Georgia Chapter ........................HB 549 Special license plates; beautification projects; provisions ...................................HB 1368 Special license plates; beneficial projects; provisions............................................HB 710 Special license plates; Benevolent and Protective Order of Elks...........................HB 342 Special license plates; Breast Cancer; distribution of renewal fees .......................HB 957 Special license plates; Breast Cancer; distribution of renewal fees .....................HB 1006 Special license plates; certain disabled veterans; two free plates...........................HB 796 Special license plates; certain pediatric cancer programs ......................................HB 921 Special license plates; child abuse prevention; provisions...................................HB 1057 Special license plates; child care industry; revenue provisions..............................HB 977 Special license plates; Children's Healthcare of Atlanta ........................................HB 308 Special license plates; Cobb County; beautification projects...............................HB 1158 Special license plates; create distinctive plates; free of charge for recipients of the Bronze Star................................................................................ SB 402 Special license plates; dedicate revenue; provisions - CA ...................................HR 1564 Special license plates; disabled persons; special decal; revise provisions .............HB 714 Special license plates; emergency medical services personnel ..............................HB 402 Special license plates; foster parents; provide......................................................HB 1309 Special license plates; Georgia Association of Realtors; provide ........................HB 1237 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 organizations; change provisions .......................HB 1053 Refer to numerical index for page numbers 6400 INDEX Special license plates; honor veterans; provisions ...............................................HB 1025 Special license plates; honoring family members of service members killed in action; issuance; renewal; fees .............................................................. SB 523 Special license plates; Kappa Alpha Psi Fraternity; provide................................HB 1089 Special license plates; maritime history of Georgia's coast; provide ...................HB 1194 Special license plates; Medal of Honor winners; surviving spouse .......................HB 139 Special license plates; merchant marine; provide.................................................HB 1125 Special license plates; NASCAR; funds generated; provide for uses ..................HB 1400 Special license plates; pediatric cancer research; provide....................................HB 1150 Special license plates; persons with brain-related disorders/disabilities; provide for issuance, renewal, fees...................................................................... SB 619 Special license plates; police officers wounded in line of duty..............................HB 154 Special license plates; Project Lifesaver program; promoting ...............................HB 792 Special license plates; promote agriculture in Georgia; provide for issuance, renewals, fees, donation of revenue ..................................................... SB 370 Special license plates; promote foundation of Atlanta Braves............................... SB 142 Special license plates; promote foundation of Atlanta Falcons.............................. SB 239 Special license plates; promote special historic preservation.................................HB 621 Special license plates; promoting Georgia Center for the Book; issuance, renewal................................................................................................................. SB 126 Special license plates; promoting the arts in Georgia ............................................HB 506 Special license plates; Purple Heart plate for motorcycles ....................................HB 135 Special license plates; Purple Heart; certain inscription ........................................HB 395 Special license plates; School Health & Physical Education Support Fund ..........HB 647 Special license plates; Sons of Confederate Soldiers; provisions ........................HB 1205 Special license plates; Stroke Awareness...............................................................HB 750 Special license plates; Support Our Troops; provide ...........................................HB 1189 Special license plates; supporting Global War on Terrorism and Iraqi Freedom; provide issuance; renewal; fees........................................................... SB 538 Special license plates; supporting Global War on Terrorism and Operation Enduring Freedom; provide issuance; renewal; fees .......................... SB 539 Special license plates; Thanks Mom and Dad fund; provide ...............................HB 1088 Special license plates; all veterans of the armed services; provide ......................HB 1214 Speed detection device; law enforcement officers; change provisions ..................HB 973 Speed detection devices; certain grade of highway; remove restriction ..............HB 1548 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 detection devices; revise provisions ............................................................HB 324 Speed monitoring devices; photographic systems; provisions...............................HB 294 State Budgeting; comprehensive revision of provisions; revise/change duties and responsibilities of budget units........................................................... SB 556 Taxicabs; certain safety equipment; provisions....................................................HB 1505 Refer to numerical index for page numbers INDEX 6401 Traffic control; signal monitoring devices; annual reports ....................................HB 242 Traffic offenses; persons driving under the influence; fifth or subsequent offense; guilty of a felony.................................................................................... SB 491 Traffic violations bureau; imposition of penalties..................................................HB 176 Transportation of Hazardous Materials Act; enact.................................................HB 762 Vehicles; false or secret compartments; prohibit owning or operating................HB 1193 Vehicles; noncommercial Class C license; agriculture products; certain penalties; provisions ..........................................................................................HB 1392 Violation of traffic laws; additional funds; uninsured trauma services; distribute ............................................................................................................HB 1220 Violation of traffic laws; additional funds; uninsured trauma services; distribute ............................................................................................................HB 1221 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 Counties and municipal corporations; certificates and medallions; amend provisions...........................................................................................................HB 1462 Counties and municipal corporations; fraud, waste, and abuse; provisions.........HB 1100 Counties or municipal corporations; fraud, waste, and abuse; provisions ...........HB 1369 County and municipal insurance taxes; certain early distribution; provisions.............................................................................................................HB 189 County and municipal sales and use tax; continued distribution; provide ...........HB 1258 Fair Annexation Act; establish state policy regarding annexation; enact ..............HB 962 Family burial plots; counties and municipal corporations; provide access..........HB 1386 Georgia Municipal Association; absentee landowners and landlords; urge.........HR 1698 Joint county and municipal sales tax on motor fuel; authorize; referendum..........HB 797 Local government; newly created municipalities; change provisions; removal of new municipal corporations .............................................................. SB 569 Local option sales tax; new qualified municipalities; change provisions ............HB 1403 Misdemeanor traffic offenses; fines to be paid into state treasury.............................HB 6 Municipal corporation; annexation of property; amend.......................................HB 1101 Municipal corporation; incorporation; provide compliance certification .............. SB 574 Municipal corporation; special services district; within 3 miles of noncontiguous area treated as same noncontiguous area .................................... SB 399 Municipal corporations; ordinance violations; maximum sentences .....................HB 730 Municipal corporations; referendum approval; require........................................HB 1592 Municipal court clerks; required training; provide...............................................HB 1288 Municipal sales and use tax; funding of projects and services; provide ..............HB 1065 Municipalities; courts; home rule powers; maximum fines ...................................HB 719 Refer to numerical index for page numbers 6402 INDEX Nuisances; county and municipal abatement powers; unfit buildings .....................HB 96 Speed detection devices; certain prohibited uses; amend provisions.....................HB 917 Waste disposal sites; increase distance from county or city boundaries ................HB 533 MURRAY COUNTY; school district; homestead exemption; provisions............HB 1351 MUSCOGEE COUNTY Public property; nonexclusive easements; authorize............................................HR 1259 MUSEUMS Ad valorem tax; exempt certain income; nonprofit museums; referendum ...............HB 3 Ad valorem tax; exempt certain nonprofit museums; referendum.............................HB 2 Georgia Museum Property Act; establish ownership loaned to museums and archives ......................................................................................................... SB 195 NASCAR Hall of Fame; urge to locate in Atlanta .................................................HR 568 MUSIC Bluegrass Music Week in Georgia; recognize ....................................................... SR 844 State songs of patriotic heritage; designate ............................................................HB 939 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, AIR OR ARMY Crimes; impersonating veteran or active duty member; define offense...................HB 80 Firefighters' and Class Nine Pension Funds; certain active military duty; creditable service .................................................................................................HB 660 Georgia National Guard 48th Infantry Brigade; urge to award Presidential Unit Citation ......................................................................................................HR 1364 Income tax; military income exclusion; amend......................................................HB 167 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 Refer to numerical index for page numbers INDEX 6403 NATURAL GAS (See Gas, Gasoline, and other Gas Services) NATURAL RESOURCES (See Conservation and Natural Resources) NEGLIGENCE Medical malpractice; amend Official Code of Georgia Annotated Titles 9, 24, 31, and 51...........................................................................................HB 56 NEWTON COUNTY Community improvement districts; provide for creation .....................................HB 1415 Redevelopment; authorize ....................................................................................HB 1414 NONPROFIT CORPORATIONS Ad valorem tax; exempt certain income; nonprofit museums; referendum ...............HB 3 Ad valorem tax; exempt certain nonprofit museums; referendum.............................HB 2 Bingo Games; nonprofit, tax-exempt organization; provide definition ................. SB 545 Bingo; nonprofit, tax-exempt organization; define ..............................................HB 1261 Nonprofit Contractor Oversight Panel; establish ...................................................HB 138 Nonprofit organizations; noncash prizes; provisions ...........................................HB 1342 Sales and use tax exemption; nonprofit volunteer health clinics; provide ...........HB 1272 Sales and use tax; certain nonprofit organizations or health clinics; provisions...........................................................................................................HB 1668 Sales tax exemption; qualified job training organizations .....................................HB 841 Special license plates; Benevolent and Protective Order of Elks...........................HB 342 Torts; immunity from civil liability for non-profit organizations .......................... SB 238 NONRESIDENTS Georgia Taxpayer and Citizen Protection Act; enact .............................................HB 911 Hospitals; care for nonresident indigents; reimbursement procedures...................HB 317 Illegal aliens; bar from receiving public funded services - CA..............................HR 256 Public benefits to aliens; policy; provisions .........................................................HB 1009 NORTHEASTERN JUDICIAL CIRCUIT Northeastern Judicial Circuit Public Defender Study Commission; create..........HB 1645 NOTARIES PUBLIC; additional qualifications; amend provisions.......................HB 494 NUCLEAR ENERGY (See Energy) NUISANCES Nuisances; agricultural operations; include wildlife habitat and hunting ..............HB 261 Nuisances; companion animal establishment; immunity from civil and criminal action ..................................................................................................... SB 111 Refer to numerical index for page numbers 6404 INDEX Nuisances; county and municipal abatement powers; unfit buildings .....................HB 96 Nuisances; treatment of agricultural facilities; definition ........................................ SB 26 NURSES Advanced practice registered nurse; controlled substances; provisions.................HB 935 Advanced practice registered nurse; enactment of rules and regulations; practitioner; revise definition............................................................................... SB 603 Certificate of need; home health/infusion agency; pharmacists; exemption..........HB 270 Georgia Qualified Medication Aides Act; provide for delegation of certain nursing tasks; Georgia Board of Examiners of Licensed Practical Nurses ................................................................................................ SB 480 Hospitals; liability for acts of health care providers; requirements........................HB 237 Nurse Involuntary Overtime Act; provisions .........................................................HB 919 Pain Management ad Hoc Advisory Committee; establish; duties ........................ SB 109 Surgical services; circulating nurses; provide for requirements...........................HB 1408 NURSING HOMES Hospital/nursing home liens; change notice/filing provision; effect of release .................................................................................................................. SB 306 Medicaid; nursing homes; personal needs allowance; set minimum amount ...............................................................................................................HB 1606 Nursing homes; fees; change certain provisions ..................................................HB 1308 O OCONEE COUNTY Board of commissioners; provide for terms .........................................................HB 1350 Board of Education; provisions ............................................................................HB 1480 Homestead exemption; 65 years or older; provide...............................................HB 1647 Homestead exemption; 65 years or older; provide...............................................HB 1648 OPEN AND PUBLIC MEETINGS Open meetings; certain exclusions; open records; certain requirement .................HB 684 Open records & open meetings; local/state governments; exceptions - CA ..........HR 411 Public meetings; change certain provisions..........................................................HB 1587 Sheriffs; authority of courthouse security; remove courthouses/jails from list of properties protected ................................................................................... SB 462 OPTOMETRISTS AND OPTICIANS Dispensing opticians; apprenticeship program; amend requirements ....................HB 881 Motor Vehicles; windshields; reduce light transmission/increase light reflectance; authorize certified optometrist to provide attestation ...................... SB 570 Refer to numerical index for page numbers INDEX 6405 Optometrists; additional pharmaceutical agents; provide ....................................HB 1103 Optometrists; additional pharmaceutical agents; provisions..................................HB 899 Optometrists; materials which reduce light; certain persons; exemptions ...........HB 1231 Optometrists; prescribe oral and topical pharmaceuticals......................................HB 515 State Board of Optometry; change certain provisions relating to creation ..........HB 1390 P PARDONS AND PAROLES Corrections; create division of probation and parole community-based supervision .............................................................................................................HB 65 House Study Committee on State Parole & Probation Officer Salaries and Benefits; create ..................................................................................................HR 1492 Persons convicted of certain felonies; voting provisions; prohibitions- CA..............HR 7 Persons convicted of certain felonies; voting provisions; prohibitions- CA..............HR 9 Probation/Parole Community Based Supervision, Department of; create ...............HB 60 Sexual offender registry; pardon or parole; registration verification .....................HB 171 PARENT AND CHILD Baby's Right to Know Act; enact ...............................................................................HB 4 Care of a Grandchild Act; power of attorney from parent to grandparent; create pilot program to provide subsidy to certain grandparents......................... SB 420 Child abuse; reporting; change certain provisions ................................................. SB 442 Child support; calculations; definitions; appeal process; provisions ..................... SB 382 Child support; failure to comply; imprisonment ....................................................HB 800 Child support; mentally or physically disabled child beyond age of majority ................................................................................................................HB 142 Compulsory attendance; students' parent in military; granted excused absences to visit parent prior to deployment ....................................................... SB 424 Divorce; change time limit; effect on children; require education classes............... SB 25 Drivers' licenses; minors; revocation of permits and licenses; procedure..............HB 258 Drivers' licenses; young driver tracking service; provide ....................................HB 1069 Drivers' licenses; youthful driver tracking service; create .....................................HB 918 Early Care/Learning; provide voluntary parent education services ........................... SB 1 House Study Committee on Parental Involvement in Schools; create .................HR 1887 Juvenile proceedings; disposition of deprived child; reunification efforts; child placement ....................................................................................................HB 333 Legitimacy petition; father may establish paternity of child..................................HB 287 Marriage; minimum age requirement in case of pregnancy; repeal .....................HB 1016 Time for Schools Act; enact ...................................................................................HB 230 Refer to numerical index for page numbers 6406 INDEX PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION Carrying weapons in school safety zones; prohibition; include parks ...................HB 544 Parks and recreation; discount disabled vets and seniors; provisions ....................HB 971 Sales and use tax exemption; certain historical and educational attractions; provide ............................................................................................HB 1139 Sales and use tax exemption; national infantry museum and heritage park facility; provisions .............................................................................................HB 1121 Special license plates; promote special historic preservation.................................HB 621 State park lakes; watercraft; change provisions ...................................................HB 1490 State parks; carrying firearms; amend certain provisions ......................................HB 799 PATAULA JUDICIAL CIRCUIT; superior courts; change certain terms............ SB 264 PATIENT SELF-REFERRAL Physicians treating workers' compensation claimants; exception; repeal ..............HB 965 Workers' compensation; certain requirements; provide .......................................HB 1240 PATTERSON, CITY OF Reduce members in city council; election of mayor .............................................. SB 299 PAULDING COUNTY; Board of Commissioners; change compensation ..........HB 1608 PAULDING JUDICIAL CIRCUIT Superior courts; certain circuits; number of judges; provisions...........................HB 1073 PEACE OFFICERS (See Law Enforcement Officers and Agencies) PEACE OFFICERS ANNUITY AND BENEFIT FUND Peace Officers' Annuity and Benefit Fund; amend provisions...............................HB 348 Peace Officers' Annuity and Benefit Fund; certain creditable service; accept provisional applications............................................................................HB 101 Peace Officers' Annuity and Benefit Fund; credit prior service - CA....................HR 385 Peace Officers' Annuity and Benefit Fund; prior service credit.............................HB 666 Peace Officers' Annuity and Benefit Fund; retirement credit; funding- CA............HR 30 PEACH COUNTY; school district; homestead exemption; provisions ................HB 1122 PEMBROKE, CITY OF Ad valorem taxes; municipal purposes..................................................................... SB 40 Homestead exemption; 65 years or older; provide...............................................HB 1655 PENAL INSTITUTIONS Board and Department of Corrections; employee benefits; provisions................HB 1318 Refer to numerical index for page numbers INDEX 6407 Correctional institutions; inmate commissaries......................................................HB 667 Correctional officers; insurance benefits; provide exemption..............................HB 1126 Corrections, Board and Department; appearances by General Assembly members...............................................................................................................HB 664 Corrections, Board or Department; appearances by General Assembly members...............................................................................................................HB 657 Corrections; contracts with private detention/diversion centers; regulations.............................................................................................................. SB 44 Corrections; create division of probation and 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 Employees' Retirement; certain county employees; correctional facilities; provisions.............................................................................................................HB 311 Employees' Retirement; law enforcement personnel; benefits...............................HB 567 Ga. Public Defender Standards Council; legal services; indigent persons; change provisions ................................................................................................ SB 503 GBI; investigate death of any person confined in penal institution .......................HB 326 Georgia Security/Immigration Compliance Act; persons who are not lawfully present in the U.S.; comprehensive regulation...................................... SB 529 House Study Committee on State Parole & Probation Officer Salaries and Benefits; create ..................................................................................................HR 1492 Judicial accounting; probation supervision fees; requirements..............................HB 974 Law enforcement officer; hiring; first offender record; review ...........................HB 1335 Law enforcement and correctional agencies; urge suspending use of electroshock devices ................................................................................................HR 6 Mental health; Department of Human Resources; persons in jail; provide transfer ...............................................................................................................HB 1266 Prison Chaplains Appreciation Day; create..........................................................HB 1292 Probation Management Act of 2004; change repeal date.....................................HB 1250 Probation services provided by local governments; officers standards..................HB 884 Probation; confinement in probation or detention centers; violators .......................HB 64 Probation; first offenders; amend provisions..........................................................HB 473 Probation; terms and conditions; amend ................................................................HB 692 Probation/Parole Community Based Supervision, Department of; create ...............HB 60 Serious sexual offenders; satellite based monitoring; authorize program..............HB 886 Sexual offender registry; pardon or parole; registration verification .....................HB 171 Sexual offender registry; sexually violent offense; redefine..................................HB 140 Sexual offenders; punishments; registration, residency, and workplace requirements; change provisions .......................................................................HB 1059 Work release programs; felony sentences; provisions ...........................................HB 432 Refer to numerical index for page numbers 6408 INDEX Wrongful incarceration; certain awards; provisions.............................................HB 1129 PERSONAL CARE HOMES Community Living Services Joint Study Committee; create .................................HR 492 PERSONS AND THEIR RIGHTS Discrimination within the United States Armed Forces; discourage ...................HR 2090 Public employees and students; holiday celebrations; prohibit restrictions...........HB 950 PHARMACISTS, PHARMACIES, AND PRESCRIPTION DRUGS Advanced practice registered nurse; controlled substances; provisions.................HB 935 Advanced practice registered nurse; enactment of rules/regulations; practitioner; revise definition............................................................................... SB 603 Certain prescription drugs; Medicaid; require authorization; prohibit.................HB 1172 Certificate of need; home health/infusion agency; pharmacists; exemption..........HB 270 Clinical laboratories chapter; applicability; revise certain provisions .................HB 1218 Community Health; certain prescription drugs and healthcare products; state health plans; coverage ...............................................................................HB 1459 Controlled substances; products used to prepare methamphetamine; regulate sales..........................................................................................................HB 45 Controlled substances; products with pseudoephedrine; limitations......................HB 686 Controlled substances; pseudoephedrine sales; requirements, limitations, and restrictions.......................................................................................................HB 19 Department of Community Health; contract with care management; drug rebates; require refund ........................................................................................HB 358 Georgia Qualified Medication Aides Act; provide for delegation of certain nursing tasks; Board of Examiners of Licensed Practical Nurses ........... SB 480 Handicapped; medicare prescription drug insurance plan; provisions.................HB 1364 Insurance coverage; therapeutically equivalent drugs; provide ...........................HB 1413 Medicine; prescription drugs; eliminate redundant language ..............................HB 1357 Optometrists; additional pharmaceutical agents; provide ....................................HB 1103 Optometrists; additional pharmaceutical agents; provisions..................................HB 899 Optometrists; prescribe oral and topical pharmaceuticals......................................HB 515 Pharmacist; not required to prescribe drugs to induce abortion ............................. SB 123 Pharmacists and pharmacies; drug repository; Karon's Law; enact .......................HB 430 Physician's assistants; handling of professional samples .......................................HB 832 Prescription drugs by mail; delete certain provisions............................................. SB 199 Prescription drug orders; distribution and electronic transmission; amend provisions.............................................................................................................HB 246 Prescription drugs; effects on pregnancy; provisions for pharmacist ..................HB 1445 Prescription drugs; outpatient; pharmacy reimbursement ......................................HB 331 Prescription drugs; practitioner's name below signature; require ........................HB 1191 Prescription drugs; pricing structure; prohibit prior authorization.......................HB 1507 Refer to numerical index for page numbers INDEX 6409 Prescription drugs; unused; medically indigent; establish program.....................HB 1178 Psychologists; administer and prescribe drugs; provisions ....................................HB 923 State Board of Pharmacy; registry of pharmacy technicians; require ..................HB 1367 The Pharmacy Audit Bill of Rights; enact............................................................HB 1371 Torts; prescriptions filled outside the U.S.; limited liability; provision.................HB 887 Wholesale Licensure and Prescription Medication Integrity Act; enact ................HB 907 PHYSICAL THERAPISTS Services without referrals; provide for limited circumstances ...............................HB 801 PHYSICIANS, PHYSICIANS ASSISTANTS, AND RESPIRATORY CARE Abortion facilities; medical equipment and procedures; requirements..................HB 888 Advanced practice registered nurse; controlled substances; provisions.................HB 935 Advanced practice registered nurse; enactment of rules/regulations; practitioner; revise definition............................................................................... SB 603 Certificate of need; home health/infusion agency; pharmacists; exemption..........HB 270 Civil practice/torts; health care liability claims; noneconomic damages ...............HB 235 Consumer Right to Participate Act; enact ..............................................................HB 779 Family planning services; medical referral; requirements .....................................HB 566 Georgia Qualified Medication Aides Act; provide for delegation of certain nursing tasks; Georgia Board of Examiners of Licensed Practical Nurses ................................................................................................ SB 480 Hospitals; liability for acts of health care providers; requirements........................HB 237 Judicial proceedings; professional malpractice cases; use of experts ....................HB 234 License plates; physicians identification ................................................................HB 691 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 Pain Management ad Hoc Advisory Committee; establish; duties ........................ SB 109 Patient's complaint; notice of investigation; provide............................................HB 1419 Physician's assistants; handling of professional samples .......................................HB 832 Physician's assistants; public health or state of emergency; render aid .................HB 873 Physician's assistants; service to indigent patients; costs .......................................HB 350 Physicians for Rural Areas; certain specialties; revise priority; provisions ........... SB 507 Sales tax exemption; certain prescribed medical equipment....................................HB 11 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 Refer to numerical index for page numbers 6410 INDEX Torts; limit medical damages; liability of facilities; provisions.............................HB 339 Torts; medical negligence; limit noneconomic damages .......................................HB 329 Women's Informed Consent Protection Act; enact ................................................HB 156 Workers' compensation; certain requirements; provide .......................................HB 1240 Workers' compensation; fee schedule; promulgation of standards; require.........HB 1509 PICKENS COUNTY Pickens County Airport Authority Act; confer powers; impose duties; membership.......................................................................................................... SB 664 PIKE COUNTY; superior courts; change certain terms........................................HB 1096 POSTSECONDARY EDUCATION Access to Postsecondary Education Instructional Material Act; enact ..................HB 898 Education loans; certain colleges; eligibility and requirements .............................HB 842 Education; nonlapsing revenue of institutions; change certain provisions ..........HB 1294 Four-year college in Gwinnett County; approve creation ......................................HR 228 HERO; provide surviving spouses shall be eligible students................................. SB 415 HOPE scholarship; eligibility requirements; provide...........................................HB 1153 HOPE scholarships and grants; change provisions ..............................................HB 1370 HOPE Scholarships/Grants; definitions; correct scrivener's error; provide for students in professional level programs ......................................................... SB 561 HOPE scholarships; definitions; quarter or semester hour limitation ....................HB 299 HOPE scholarships; eligibility; hour limits; amend provisions .............................HB 490 HOPE Scholarships; set amount for mandatory fees; eligible public postsecondary institutions; January 1, 2004 ........................................................ SB 506 HOPE teacher's scholarship; eligibility requirements; change.............................HB 1200 Multidisciplinary Center for Affordable Housing; create within University System..................................................................................................HB 69 Postsecondary education; grants to certain members of National Guard; provisions.............................................................................................................HB 163 Scholarships; grants; loans; determine eligibility; provide for weighting of grades for honors, advanced placement courses ............................................. SB 594 State lottery; HOPE Scholarship Program; designation of funds - CA................HR 1045 Tuition equalization grants; proprietary institutions ineligible ..............................HB 300 University System of Georgia; admissions; provisions........................................HB 1183 University System of Georgia; home study program; admissions; authorize board of regents to promulgate rules/regulations ................................ SB 582 POULTRY PRODUCTION Poultry; disposal; provide .....................................................................................HB 1213 Sales and use tax exemption; certain fuels; poultry; provide ...............................HB 1398 Vehicles; live poultry; certain circumstances; prohibit hauling ...........................HB 1180 Refer to numerical index for page numbers INDEX 6411 PRESTON, CITY OF Preston-Weston-Webster County Charter and Unification Commission; create ..................................................................................................................HB 1298 PRETRIAL PROCEEDINGS Criminal proceedings; notices and pleadings; change provisions........................HB 1421 Criminal proceedings; insanity plea; revise psychiatric evaluations...................... SB 398 PRIMARIES (See Elections) PRISONS (See Penal Institutions) PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESSES Private detectives and private security officers; licensing; revise........................HB 1259 PRIVATE SCHOOLS HOPE scholarships; definitions; quarter or semester hour limitation ....................HB 299 Tuition equalization grants; proprietary institutions ineligible ..............................HB 300 PROBATE COURTS Clerks of courts; documents/records; create and maintain digital copies ..............HB 453 Judges of the Probate Courts Retirement Fund; designating surviving beneficiary ...........................................................................................................HB 251 Probate court; certain employees; state health benefit plan; provisions...............HB 1279 Probate courts; additional civil filing fee; clarify...................................................HB 561 PROBATION Corrections; contract private detention/diversion centers; regulations .................... SB 44 Corrections; create division of probation and parole community-based supervision .............................................................................................................HB 65 House Study Committee on State Parole & Probation Officer Salaries and Benefits; create ..................................................................................................HR 1492 Judicial accounting; probation supervision fees; requirements..............................HB 974 Law enforcement officer; hiring; first offender record; review ...........................HB 1335 Persons convicted of certain felonies; voting provisions; prohibitions- CA..............HR 7 Persons convicted of certain felonies; voting provisions; prohibitions- CA..............HR 9 Probation Management Act of 2004; change repeal date.....................................HB 1250 Probation services provided by local governments; officers standards..................HB 884 Probation; confinement in probation or detention centers; violators .......................HB 64 Probation; first offenders; amend provisions..........................................................HB 473 Probation; terms and conditions; amend ................................................................HB 692 Probation/Parole Community Based Supervision, Department of; create ...............HB 60 Video conferences; arrest warrants issued; probation hearings; provide ...............HB 956 Refer to numerical index for page numbers 6412 INDEX PROFESSIONS AND BUSINESSES Ad valorem tax exemption; business inventory; provide .....................................HB 1063 Advanced practice registered nurse; controlled substances; provisions.................HB 935 Advanced practice registered nurse; enactment of rules/regulations; practitioner; revise definition............................................................................... SB 603 Barbershop; license requirements; change certain provisions..............................HB 1619 Chiropractors; board of examiners; additional authority........................................HB 147 Chiropractors; definitions; scope of practice; increase penalty for improper practice ................................................................................................. SB 422 Chiropractors; revoke license or discipline licensee; additional grounds ..............HB 377 Consumer Right to Participate Act; enact ..............................................................HB 779 Contracting business; documentation of full-time engagement; provisions ........HB 1105 Contractors; licensing requirements; extend date.................................................HB 1542 Contractors; licensing; examination; extend date.................................................HB 1520 Cosmetologists; define terms; qualifications; certificate for registration for hair braiders/designers ................................................................................... SB 145 Cosmetologists; examination fees; change certain provisions .............................HB 1170 Disabled veterans and blind persons; vendors on streets and highways ................HB 693 Dispensing opticians; apprenticeship program; amend requirements ....................HB 881 Driver training schools; definitions; provide........................................................HB 1252 Driver training schools; operated on private property; provide exception.............HB 569 Embalmers and funeral directors; licenses; certain requirement; authorize waiver.................................................................................................................HB 1260 Exception for physicians treating workers' compensation claims; repeal..............HB 965 Georgia Journeyman Electrician Licensing Act; enact ........................................HB 1381 Georgia Qualified Medication Aides Act; provide for delegation of certain nursing tasks; Georgia Board of Examiners of Licensed Practical Nurses ................................................................................................ SB 480 Georgia Security/Immigration Compliance Act; persons who are not lawfully present in the U.S.; comprehensive regulation...................................... SB 529 Hazardous sites; prequalifications and licensing; provisions...............................HB 1549 Health care professionals; cultural competency; require continuing education............................................................................................................HB 1401 Health; labor; community service boards; repeal certain provisions .....................HB 991 Identity fraud; companies collecting identifying information; requirement ..........HB 649 Income tax credit; businesses adding employees; computation .............................HB 468 In-home services and residential delivery subcontractors; background checks...................................................................................................................HB 620 Insurance; insurable interest in life of insured........................................................HB 443 Microbial Professionals Licensing Act; enact ........................................................HB 729 Motor vehicles; licensing of ignition interlock device providers...........................HB 276 Motor vehicles; salvaged or rebuilt; change certain provisions ...........................HB 1564 Optometrists; additional pharmaceutical agents; provide ....................................HB 1103 Refer to numerical index for page numbers INDEX 6413 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; services without referrals; provide for limited circumstances.......................................................................................................HB 801 Physician's assistants; handling of professional samples .......................................HB 832 Privacy; customer proprietary network information broker; obtain or release customer information; provide penalties; exceptions.............................. SB 455 Private detectives and private security officers; licensing; revise........................HB 1259 Ray Biddie/Gene Mullis Act; regulate patient care dialysis technicians; provide licensing requirements; renewal/reinstatement of licenses .................... SB 423 Real Estate Appraisers; conflict of interest exists; provide removal of board members; provide circumstances for removal ...................................... SB 547 Residential and General Contractors State Licensing Board; membership............HB 184 Sales and use tax; government contractor; automatic repeal date; extend ...........HB 1014 Small Business Employee Choice of Benefits Health Insurance Plan Act; enact ...............................................................................................................HB 83 Speech-language pathologists/audiologists; licensing; change provisions ..........HB 1112 State Board of Cosmetology; terminate; repeal Chapter 10 of Title 43 .................HB 385 State Board of Optometry; change certain provisions relating to creation ..........HB 1390 State Licensing Board for Residential and General Contractors; change provisions ..............................................................................................HB 1391 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 Textile Industry; urge Committee on the Implementation of Textile Agreements to approve safeguard petitions......................................................... SR 156 Ticket brokers; amend regulating provisions .........................................................HB 318 Used motor vehicle dealers; bond; increase amount ............................................HB 1075 Veterinarians and veterinary technicians; requirements; amend provisions ..........HB 999 PROPERTY Ad valorem tax millage rate and value of property; provide limitation-CA ........HR 1234 Ad valorem tax; appraisal value; owner's acquisition cost - CA..............................HR 85 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; limitations upon rate of increase in value - CA...........................HR 162 Ad valorem tax; tangible property; eliminate - CA................................................HR 634 Ad valorem taxation of property; change certain definitions...............................HB 1274 Ad valorem taxation; assessed taxable property value; change provisions..........HB 1281 Refer to numerical index for page numbers 6414 INDEX Ad valorem taxes; transfer of tax executions; amend certain provisions...............HB 931 Aircraft; liens for labor/contracts of indemnity; filing notice of intention to claim with clerk of superior court.................................................................... SB 638 American Indian tribes; Ga. 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 American Indians; certain tribes; change address ................................................HB 1109 Appraisal; county staff; change certain provisions...............................................HB 1187 Assessment for property; agricultural purposes; authorize conditions of ownership - CA..............................................................................................HR 1049 Bankruptcy; debtor's residence; certain homestead exemption..............................HB 679 Carpet samples; raw material cost; fair market valuation; definitions .................HB 1040 Carpet samples; raw material cost; fair market valuation; provisions .................HB 1041 Clerks of superior courts; real estate or personal property filing fees; sunset dates; change.............................................................................................HB 989 Condemnation of property; redevelopment purposes; approved by vote; require - CA .......................................................................................................HR 1306 Conservation use covenant; breach; provide for additional acts ..........................HB 1293 County taxation; payment; provisions..................................................................HB 1336 Deeds; recording; provisions ................................................................................HB 1282 Department of Transportation; commercial development; authorize to lease property.....................................................................................................HB 1337 Eminent domain; compensation requirement .........................................................HB 913 Eminent domain; power to transfer interest on real property; amend ..................HB 1091 Eminent domain; public purposes; amend definitions - CA ................................HR 1037 Eminent domain; public purposes; specify use of - CA .......................................HR 1051 Eminent domain; use of; private property; revise provisions - CA......................HR 1036 Enhanced redevelopment powers; definitions and provisions ...............................HB 152 Estate tax; change certain definitions .....................................................................HB 113 Foreclosure; right of redemption ............................................................................HB 741 Game and fish; hunting within vicinity of bait feeds on private land ....................HB 345 Georgia Museum Property Act; establish ownership loaned to museums and archives ......................................................................................................... SB 195 Georgia Predatory Lending Prevention Act; enact.................................................HB 808 Georgia Public Revenue Code; amend.................................................................HB 1551 Home inspectors; definitions; documentation; requirements; provisions ..............HB 903 Homestead exemption; disabled veterans; surviving spouses who remarry ..........HB 315 Hospital/Nursing Home Liens; change notice/filing provision; effect of release .................................................................................................................. SB 306 Income tax credit; imposition; rate; computation; real property; amend .............HB 1107 Intangible tax; property in more than one county; prorated payment ....................HB 265 Inverse condemnation of private property; compensation; provisions-CA..........HR 1054 Refer to numerical index for page numbers INDEX 6415 Joint emergency 911 system authorities; property tax exemption .........................HB 770 Joint emergency 911 system authorities; property tax; exemptions.......................HB 791 Land Transactions; development of condominium property; escrow funds .......... SB 573 Landlord and tenant; dispossessory proceedings; provisions...............................HB 1104 Local governments; registration of residential rental property; eliminate prohibition..........................................................................................................HB 1084 Manufactured or mobile homes; notice of eviction; provisions...........................HB 1349 Manufactured or mobile homes; storage charges; provisions ..............................HB 1556 Metropolitan North Georgia Water Planning District; plumbing; urge local governments ..............................................................................................HR 1286 Motor vehicle; pawn transactions; interest rates; define ......................................HB 1535 Municipal corporation; annexation of property; amend.......................................HB 1101 Nuisances; county and municipal abatement powers; unfit buildings .....................HB 96 Pawn transactions; motor vehicle sales surplus; provisions...................................HB 864 Pawnbrokers; amend provisions; provide for title pawn transactions....................HB 675 Pawnbrokers; define terms; require registration with Governor's Office of Consumer Affairs; motor vehicle title pawn tickets ............................................ SB 535 Private Property; removal/storage of vehicles; churches exempt; regulation; provision ............................................................................................ SB 130 Private property; trespass towing; certain time period ...........................................HB 267 Property estates; time limitations; provisions.......................................................HB 1029 Property owners' associations; open meetings; exception......................................HB 185 Property sold for taxes; redemption provisions........................................................HB 40 Property; condemnation power; limitations - CA ....................................................HR 87 Property; liens; change provisions; conditions; value ............................................ SB 530 Property; railroad corporations or companies; clarify scope of provisions..........HB 1588 Public policy; citizens participation in government; amend ................................HB 1131 Public property; conveyance; 13 counties .............................................................. SR 823 Public property; nonexclusive easements; authorize............................................HR 1259 Real estate transfer tax; General Assembly impose by local law...........................HB 631 Real property; agricultural purposes; preferential assessment; change provisions.............................................................................................................HB 992 Sales and use tax exemption; certain personal property sales; provisions ...........HB 1384 Security deposits; escrow accounts; change certain provisions ...........................HB 1273 State agencies; impounded property; notification of owner...................................HB 109 State revenue commissioner; property appraisal and assessment; provide ..........HB 1502 Superior Court; clerk; lien; provisions .................................................................HB 1492 Tax executions and judicial sales; prohibit certain sales; exceptions.......................HB 38 Tax executions and judicial sales; prohibit sales....................................................HB 157 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 Refer to numerical index for page numbers 6416 INDEX Tax executions; issuance; definition; procedures; change provisions.................... SB 525 Tax executions; property; prohibit sale to county tax commissioners ...................HB 368 Tax executions; provide ad valorem property taxes/assessments governed by Title 48; purchase and transfer of rights ......................................................... SB 585 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 Taxable net income; certain business relocations; exclude attributable income....................................................................................................................HB 12 Taxation of intangibles; real estate transfer tax; amend certain provisions ...........HB 117 Torts; property damage from certain trees; liability...............................................HB 812 Urban Redevelopment Law; provide moratorium upon the exercise of power of eminent domain; exceptions................................................................. SB 391 PROSECUTING ATTORNEYS District attorneys emeritus; salary; eligibility ........................................................HB 651 District attorneys, assistant district attorneys, investigators; compensation ..........HB 268 Employees' Retirement; assistant district attorney or public defender; certain creditable service .....................................................................................HB 479 Employees' Retirement; assistant district attorneys; creditable service .................HB 915 Judicial Retirement System; superior court judge or district attorney; creditable service .................................................................................................HB 895 Judicial Retirement; certain judges or district attorneys; creditable service ..........HB 821 Judicial Retirement; creditable service for certain prior service; transfer contributions ........................................................................................................HB 486 Pretrial intervention and diversion programs; authorize certain courts to administer.............................................................................................................HB 718 Prosecuting attorneys; involuntary retirement; provisions...................................HB 1649 State Health Benefit Plan; certain vested judges and district attorneys; continue coverage ................................................................................................HB 383 PSYCHOLOGISTS House Study Committee on Prescriptive Authority of Psychologists; create ..................................................................................................................HR 1819 Psychologists; administer and prescribe drugs; provisions ....................................HB 923 PUBLIC ADMINISTRATION, OFFENSES AGAINST Barratry; offense; repeal .........................................................................................HB 804 PUBLIC ASSISTANCE (See Social Services) Refer to numerical index for page numbers INDEX 6417 PUBLIC BUILDINGS Dent-Daugherty-Hamilton Legislative Office Building; rename Legislative Office Building ...................................................................................HR 72 Georgia Emergency Management Agency; public buildings; state-wide planning and mapping system; establish ...........................................................HB 1128 Georgia Smokefree Air Act of 2005; enact ............................................................HB 426 House Public Libraries Study Committee; create ................................................HR 1287 Miller-Coverdell Legislative Office Building; naming ............................................HR 70 Murphy, Thomas B.; former Speaker of the House; authorize placement of portrait ...........................................................................................................HR 1856 Parks, Rosa; and others; portraits in the State Capitol; authorize ........................HR 1040 Ten Commandments; support and commend public display .................................HR 904 Towers, Admiral John Henry; portrait in state capitol ...........................................HR 824 Vandiver, Governor Samuel E., Jr.; recommend naming building on University of Georgia campus .............................................................................HR 821 Wiley T. Nixon Capitol Post Office; name ..........................................................HR 1395 PUBLIC CONTRACTS Contracts; public works; certain prohibition ........................................................HB 1056 Executive branch; privatization contracts; requirements .......................................HB 472 Georgia Procurement Registry; bid advertisements; local governments ...............HB 833 Local government contracts; optional bidding preference; local businesses.............................................................................................................HB 220 Public works; exercise of power to contract by Department of Transportation; amend .......................................................................................HB 1090 State and local government purchasing contracts; preference for Georgia products and vendors .............................................................................................HB 91 PUBLIC HEALTH AND MORALS, OFFENSES AGAINST Abortion facilities; medical equipment and procedures; requirements..................HB 888 Abortions; access to certain medical equipment; perform certain medical procedures; penalty for violations ....................................................................... SB 429 Animal Fighting/Baiting Act; dogfighting; provisions; punishment...................... SB 229 Bingo games; nonprofit, tax-exempt organization; provide definition .................. SB 545 Bingo; nonprofit, tax-exempt organization; define ..............................................HB 1261 Crimes; make abortion unlawful ..............................................................................HB 93 Dog fighting; prohibit; punishments; amend provisions ........................................HB 734 Feticide; types of identification; define/eliminate terms; provide reports................ SB 77 Georgia Smokefree Air Act of 2005; enact ............................................................HB 426 Nonprofit organizations; noncash prizes; provisions ...........................................HB 1342 Obscenity; electronic furnishing of material to minors; change provisions of crime ................................................................................................................ SB 316 Outdoor advertising; certain adult entertainment; prohibit signs ...........................HB 519 Refer to numerical index for page numbers 6418 INDEX Persons convicted of certain felonies; voting provisions; prohibitions-CA...............HR 7 Persons convicted of certain felonies; voting provisions; prohibitions-CA...............HR 9 Pharmacist; not required to prescribe drugs to induce abortion ............................. SB 123 Physician's assistants; public health or state of emergency; render aid .................HB 873 Prescription drugs; effects on pregnancy; provisions for pharmacist ..................HB 1445 Public Health; offenses; smoking on a bus while transporting children ................ SB 196 Public transportation; sale or exchange of tokens, transfers, transaction cards, or tickets without consent; provide for unlawful circumstances...............HB 954 Public transportation; sale or exchange of tokens, transfers, transaction cards, or tickets without consent; repeal prohibition...........................................HB 951 Tattoo; misdemeanor; eye socket; repeal .............................................................HB 1167 Tattooing near the eye; expand exception to offense .............................................HB 883 PUBLIC OFFICERS AND EMPLOYEES Ad valorem taxation of property; revise pay structure of certain county officers/officials; provide recalculation of min. salaries ..................................... SB 450 Attorney General; consumer protection; initiate civil actions................................HB 646 Budget Act; amend ...............................................................................................HB 1164 Budgetary Responsibility Oversight Committee; repeal creation ........................HB 1373 Capitol Avenue lane usage; urge Department of Transportation, City of Atlanta, and Capitol Police conduct study...........................................................HR 820 Coroners and deputy coroners; compensation; provisions.....................................HB 508 Correctional officers; insurance benefits; provide exemption..............................HB 1126 Corrections, Board and Department; appearances by General Assembly members...............................................................................................................HB 664 Corrections, Board or Department; appearances by General Assembly members...............................................................................................................HB 657 County offices of sheriff-elect; create and provide indemnification......................HB 934 Deaths of persons confined in jails; urge investigations ........................................HR 161 Deferred compensation plan; Board of Trustees; administer ...............................HB 1151 District attorneys, assistant district attorneys, investigators; compensation ..........HB 268 Division of Archives & History; certain historical documents; authorize display..................................................................................................................HB 941 Division of Archives & History; recognize religious heritage; provisions ............HB 914 Employees' health insurance; certain members of local boards of education; provide benefits..................................................................................HB 920 Employees' Insurance; continuation of health insurance; community service boards ...................................................................................................... SB 268 Employees' Retirement; assistant district attorney or public defender; certain creditable service .....................................................................................HB 479 Employees' Retirement; creditable service; community service board..................HB 851 Employees' Retirement; disability benefits; eligibility provisions.........................HB 379 Employees' Retirement; group term life; define.....................................................HB 463 Refer to numerical index for page numbers INDEX 6419 Employees' Retirement; temporary full-time or part-time; additional creditable service .................................................................................................HB 434 Employees; legislative branch; merit system; optional coverage; repeal............... SB 286 Ethics in government; amend provisions....................................................................HB 7 Ethics in government; amend provisions..................................................................HB 47 Executive branch; privatization contracts; requirements .......................................HB 472 Felons; reward for detection or apprehension; remove certain limitations ..........HB 1330 Fraud, waste, and abuse in state operations; whistleblower; prohibit retaliation .................................................................................................................HB 8 Health care; continuation of optional plans; state agencies; provisions...............HB 1058 Health insurance funds; teachers and school employees; combine with other funds ...........................................................................................................HB 524 Health insurance plans; state employees; change provisions ...............................HB 1425 Health insurance; state employees; contracts and fee schedule; provide ...............HB 985 Health; labor; community service boards; repeal certain provisions .....................HB 991 Hospitals providing emergency room services; group liability insurance .............HB 827 Indemnification; public safety/emergency rescue workers; define terms .............. SB 192 Joint State Employee Turnover and Staffing Ratios Study Committee; create ..................................................................................................................HR 1399 Law enforcement officer; change definition ..........................................................HB 953 Law enforcement officers; indemnification; revise definitions..............................HB 947 Local boards of education; extend health care benefits; certain members.............HB 922 Members of constitutional commissions; reimbursements; provide ....................HB 1022 Notaries public; additional qualifications; applications; amend provisions...........HB 494 Optional employee benefit plans; certain governmental entities; administrative fees ...............................................................................................HB 388 Probate court; certain employees; state health benefit plan; provisions...............HB 1279 Public Employees Labor Relations Commission; create........................................HB 606 Public employees; fraud, waste, and abuse; complaints or information ................HB 656 Public officers and employees; certain promotions and campaign activities; prohibit ................................................................................................HB 145 Public officers/employees; provide for meritorious award program; definitions; establishment/implementation.......................................................... SB 472 Public officials; gifts and meals; create conflict of interest provisions................HB 1383 Public retirement; members convicted of certain crimes; forfeit benefits .............HB 529 Regional education service agency employees; retirement options .......................HB 759 State Budgeting; comprehensive revision of provisions; revise/change duties and responsibilities of budget units........................................................... SB 556 State employees' health insurance; credentialing by new third-party administrator; provide time requirements..........................................................HB 1115 State employees' health insurance; late/noncompliance charge; provisions ........HB 1113 State employees insurance; coverage for surviving dependents/spouse ................ SB 236 State employees; health insurance plan; eligibility; amend .................................HB 1007 Refer to numerical index for page numbers 6420 INDEX State employees; lobbying for anyone other than employer; prohibit ...................HB 681 State health benefit plans; termination of coverage; provisions...........................HB 1372 State highway employees; indemnification; increase...........................................HB 1430 State officials and employees; mileage and travel expenses; provisions ...............HB 878 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 911 calls; unlawful conduct; provide for crime....................................................HB 1512 Carrying weapons in school safety zones; prohibition; include parks ...................HB 544 Concealed weapon; transportation of; offense; change provisions ......................HB 1001 Crimes; person attacked has no duty to retreat; provide civil immunity................ SB 396 Deadly weapons; carrying to public gathering; exception to prohibition ..............HB 193 Firearms; carrying and possession; municipal and city court judges; constables; amend provisions ............................................................................HB 1044 Firearms; carrying to public gatherings; constables; provide exemptions ...........HB 1234 Firearms; Georgia's Self-Defense Act; enact .........................................................HB 998 Firearms; license to carry; prohibition; certain conviction.....................................HB 793 Firearms; unlawful confiscation; provisions ........................................................HB 1439 Funerals; prohibit disruptive conduct; elements of such offense; provide criminal penalty ................................................................................................... SB 606 Georgia Street Gang Terrorism and Prevention Act; amend provisions................HB 130 Handguns; license to carry; certain restrictions on issuance; provide....................HB 952 Licenses to carry pistol or revolver; temporary renewal permit; provide for restrictions ....................................................................................................HB 1032 Privacy; customer proprietary network information broker; obtain or release customer information; provide penalties; exceptions.............................. SB 455 Privacy; mobile telephone usage; unlawful to disseminate information without expressed consent of subscriber; penalties; exception ........................... SB 456 Street Gang Terrorism/Prevention; change/add certain definitions ........................ SB 58 United States Nuclear Regulatory Commission; enhance the protection of licensed facilities.................................................................................................. SB 532 Vehicles; false or secret compartments; prohibit owning or operating................HB 1193 PUBLIC PROPERTY Capitol Art Standards Commission; create ............................................................HB 978 Certain buildings; state funds; sustainability standards; require ..........................HB 1402 Disposition of surplus property; sale of certain property by fixed price; change provisions ................................................................................................ SB 592 Education; nonlapsing revenue of institutions; change certain provisions ..........HB 1294 Eminent domain; limitation of public purposes; statutory construction; provisions............................................................................................................... SB 86 George D. Busbee Georgia Public Safety Training Center; designate.................HR 1346 Refer to numerical index for page numbers INDEX 6421 Georgia Smokefree Air Act of 2005; enact ............................................................HB 426 Murphy, Thomas B.; former Speaker of the House; authorize placement of portrait ...........................................................................................................HR 1856 Parks, Rosa; and others; portraits in the State Capitol; authorize ........................HR 1040 Public policy; citizens participation in government; amend ................................HB 1131 Public property; nonexclusive easements; authorize............................................HR 1259 State Properties Commission; certain state entities shall sell/make long- term leases of property......................................................................................... SB 504 State properties; administrative space management; amend provisions ..............HB 1596 Towers, Admiral John Henry; portrait in state capitol ...........................................HR 824 Vandiver, Governor Samuel E., Jr.; recommend naming building on University of Georgia campus .............................................................................HR 821 Wiley T. Nixon Capitol Post Office; name ..........................................................HR 1395 PUBLIC RECORDS Inspection of public records; jurisdiction; amend ................................................HB 1071 MARTA; public records relating to fare payment system; exempt from disclosure; provide...............................................................................................HB 955 Open meetings and records; public purpose; provide - CA .................................HR 1223 Open meetings and records; public purpose; provide - CA .................................HR 1235 Open meetings; certain exclusions; open records; certain requirement .................HB 684 Open records & open meetings; local/state governments; exceptions - CA ..........HR 411 Public disclosure of records; certain exception; clarify .........................................HB 874 Public records; economic development; exemption/disclosure of records ............HB 218 PUBLIC SAFETY, DEPARTMENT OF (Also, see Drivers' Licenses or Law Enforcement Officers and Agencies) Employees' Retirement; law enforcement personnel; benefits...............................HB 567 Employees' Retirement; State Patrol; retire at 55 years or 25 years of service ..................................................................................................................HB 578 George D. Busbee Georgia Public Safety Training Center; designate.................HR 1346 Georgia Public Safety Training Center; child custody disputes; urge to modify program .................................................................................................HR 1538 Motor vehicles; issue permit for certain lights, sirens, and markings to private vehicles ....................................................................................................HB 552 Public Safety, Board of; authorize to provide badge/revolver to sworn officers; state patrol; change provisions .............................................................. SB 520 Public Safety, Department of; motorcycle enforcement program; provisions for payment ......................................................................................HB 1209 PUBLIC SCHOOL EMPLOYEES Health insurance funds; teachers and school employees; combine with other funds ...........................................................................................................HB 524 Refer to numerical index for page numbers 6422 INDEX Health insurance plans; state employees; change provisions ...............................HB 1425 Public Employees Labor Relations Commission; create........................................HB 606 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 Public school employees; adverse personnel actions; representation rights ............HB 31 Public school employees; disciplinary meeting; employee rights..........................HB 213 Teachers Retirement; certain teachers and employees; eligibility; repeal ...............HB 28 Teachers Retirement; public school employees; transfer membership ..................HB 777 PUBLIC UTILITIES AND TRANSPORTATION 911 emergency service; billing charges; amend.....................................................HB 174 911 telephone charges; billing, collection, and use; provisions .............................HB 148 Cable service providers; certificates of authority; Public Service Commission issue and regulate .............................................................................HB 90 Cell phones; retail sale; require certain records....................................................HB 1377 Cellular telephone service; certain requirements; provisions.................................HB 303 Commuter rail service; additional funding for development; urge ......................HR 1777 Competitive Emerging Communications Technologies Act; definitions; Public Service Commission shall not impose any rate requirements.................. SB 120 Counties and municipal corporations; certificates and medallions; amend provisions...........................................................................................................HB 1462 Electric membership corporations; document retention policy; require ..............HB 1409 Electric utilities; renewable portfolio standard; urge to sustain ...........................HR 2068 Electrical service; renewable, recoverable, recycled energy; provisions ...............HB 775 Emergency telephone number 9-1-1 system; define certain terms ......................HB 1466 Eminent domain; transportation and utility purposes; specify ...............................HB 943 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 Mass transportation system; transfers between agencies; provisions...................HB 1536 Mass transportation; referendum to approve commuter rail project; provisions...........................................................................................................HB 1033 Mobile phone usage in motor vehicles; Public Service Commission regulate - CA........................................................................................................HR 536 Motor vehicles; yield right of way to certain public transit buses .........................HB 778 Natural Gas Competition and Deregulation Act; amend......................................HB 1108 Natural gas; distribution; provisions.....................................................................HB 1325 Natural gas; late fees or penalties; provisions ......................................................HB 1442 New nuclear power plants; electric utilities; urge to build...................................HR 1365 Nonemergency Phone System; establish /operate "311"........................................ SB 113 Refer to numerical index for page numbers INDEX 6423 Offshore oil and gas drilling; remove moratorium; urge Congress and President.............................................................................................................HR 1636 Physically Impaired; audible access; Public Service Commission; establish Guidelines and funding for system......................................................... SB 91 Pilot performance based asset maintenance project; urge Department of Transportation initiate..........................................................................................HR 676 Privacy; customer proprietary network information broker; obtain or release customer information; provide penalties exceptions............................... SB 455 Privacy; mobile telephone usage; unlawful to disseminate information without expressed consent of subscriber; penalties; exception ........................... SB 456 Property; railroad corporations or companies; clarify scope of provisions..........HB 1588 Public Service Commission; certain communications; prohibit ..........................HB 1513 Public Service Commission; time period for issuance; gas supply plan ................ SB 209 Public Service Commission; maintain current staffing structure; urge................HR 1280 Public Service Commission; regulatory assessments; amend provisions ..............HB 562 Public Service Commission; superior court filing; provide judgement ................. SB 210 Public transportation; governmental function; create corporation or authority - CA ......................................................................................................HR 168 Public transportation; sale or exchange of tokens, transfers, transaction cards, or tickets without consent; provide for unlawful circumstances...............HB 954 Public transportation; sale or exchange of tokens, transfers, transaction cards, or tickets without consent; repeal prohibition...........................................HB 951 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 Renewable energy; portfolio standard; implement...............................................HB 1438 Renewable energy; voluntary portfolio standard goods; provide.........................HB 1593 Sales and use tax; transportation within special districts; authorize ....................HB 1382 Southern States Energy Board; natural gas; coastal areas; urge...........................HR 1635 Telecommunications; customer's change order; provisions .................................HB 1440 Telephone service provider; customer records; prohibit sale or transfer .............HB 1290 Telephone service; unsolicited commercial facsimile messages............................HB 162 Trains, Operation of; signal whistles; lights; remove certain provisions ............... SB 285 Transportation; Lovejoy to Atlanta rail project; subsidize costs..........................HR 1227 Transportation; Lovejoy to Atlanta rail project; subsidize costs..........................HR 1237 Untraceable phone records; action to eliminate; urge ..........................................HR 1789 Wireless Communications Security Act; enact ....................................................HB 1060 PUBLICATIONS Access to Postsecondary Education Instructional Material Act; enact ..................HB 898 Georgia Register; publication; change certain provisions....................................HB 1307 Refer to numerical index for page numbers 6424 INDEX PULASKI, TOWN OF; mayor and councilmembers; provide authority..............HB 1363 Q QUALITY BASIC EDUCATION Quality Basic Education Act; amend....................................................................HB 1133 Quality Basic Education Act; class size requirements; change provisions ..........HB 1358 Quality Basic Education Act; eligibility conditions for student athletes .............HB 1241 Quality Basic Education Act; enrollment eligibility; children in custody; Dept. of Human Resources/Juvenile Justice; change provisions ........................ SB 618 Quality Basic Education Act; enrollment eligibility; amend provisions................HB 897 Quality Basic Education Act; establishment of grant program for High Performance Principals; rules/regulations ........................................................... SB 468 Quality Basic Education Act; remedial education program; expand grades.......... SB 515 Quality Basic Education Act; salary schedules; amend provisions......................HB 1483 Quality Basic Education Program; change certain provisions .................................HB 41 QUITMAN COUNTY Lower Chattahoochee Regional Airport Authority; create ..................................HB 1594 Southwest Georgia Technology Authority; create ...............................................HB 1161 R RABUN COUNTY Board of elections and registration; create ...........................................................HB 1271 Nonpartisan elections; office of probate judge.....................................................HB 1077 RADAR SPEED DETECTION DEVICES Laser speed detection devices; testing; accuracy requirements .............................HB 732 Speed detection device; law enforcement officers; change provisions ..................HB 973 Speed detection devices; certain grade of highway; remove restriction ..............HB 1548 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 detection devices; revise provisions ............................................................HB 324 Traffic control; signal monitoring devices; annual reports ....................................HB 242 RAILROADS House Study Committee on Rail Crossing Safety; create ....................................HR 1537 Lovejoy to Atlanta rail project; obligation of state; operating subsidy agreements ...........................................................................................................HR 254 Refer to numerical index for page numbers INDEX 6425 Property; railroad corporations or companies; clarify scope of provisions..........HB 1588 Rail Passenger Authority; commuter rail project; requirements for expenditures .........................................................................................................HB 523 Railroad crossings used by school buses; upgrade protective devices...................HB 715 School bus routes; rail crossings list; warning devices; urge school districts to survey ...............................................................................................HR 1942 Trains, Operation of; signal whistles; lights; remove certain provisions ............... SB 285 RANDOLPH COUNTY Board of elections; provide...................................................................................HB 1079 Lower Chattahoochee Regional Airport Authority; create ..................................HB 1594 Probate Court; clerk; provisions ...........................................................................HB 1561 Randolph County Water and Sewer Authority; create .........................................HB 1078 Southwest Georgia Technology Authority; create ...............................................HB 1161 REAL ESTATE (Also, see Property) Georgia Predatory Lending Prevention Act; enact.................................................HB 808 Mortgage loan officers; definitions and provisions................................................HB 498 Real estate appraisers; conflict of interest exists; provide removal of board members; provide circumstances for removal........................................... SB 547 Real estate transfer/intangible recording tax; increase and allocate - CA................HR 26 Real estate transfer tax; General Assembly impose by local law...........................HB 631 REAPPORTIONMENT Apportionment of House/Senate; provide for composition of state senatorial districts 46,47,49; elections................................................................. SB 386 Certain state house districts; provide for composition .........................................HB 1137 House Districts 167 and 179; provide for composition........................................HB 1149 House Districts 5 and 12; provide for composition..............................................HB 1156 House Districts 79, 80, and 81; provide for composition.....................................HB 1140 House Districts 86 and 89; provide for composition............................................HB 1138 House of Representatives; apportionment; single member districts - CA ...............HR 49 House of Representatives; single-member districts - CA.........................................HR 64 House; apportion as single member districts - CA ...................................................HR 25 Joint Legislative & Congressional Redistricting Study Committee; create ...........HR 949 RECREATION Blue Ribbon Committee on Jekyll Island; encourage governor to appoint............HR 722 House Study Committee on Cruise Ship Terminals; create .................................HR 1700 NASCAR Hall of Fame; Atlanta, Georgia location; urge....................................HR 1432 Refer to numerical index for page numbers 6426 INDEX REDEVELOPMENT POWERS (Also, see Buildings and Housing or Property) Condemnation of property; redevelopment purposes; approved by vote; require - CA .......................................................................................................HR 1306 Enhanced redevelopment powers; definitions and provisions ...............................HB 152 Redevelopment Powers Law; change certain definitions.....................................HB 1361 REGIONAL DEVELOPMENT CENTERS Regional development centers; fee for reviewing certain actions by local governments.........................................................................................................HB 604 RELIGION Division of Archives & History; certain historical documents; authorize display..................................................................................................................HB 941 Division of Archives & History; recognize religious heritage; provisions ............HB 914 Education; certain historical documents; prohibit restriction.................................HB 158 Education; certain state funded high school courses; provide..............................HB 1663 Education; evolution theory; teaching of factual scientific evidence.....................HB 179 Public schools; moment of quiet reflection; provisions .........................................HB 807 Quality Basic Education Act; amend....................................................................HB 1133 Religious or faith based organizations; public aid; receive - CA.........................HR 1345 Sales and use tax exemption; sales to churches; provisions.................................HB 1175 Ten Commandments; support and commend public display .................................HR 904 Voluntary school prayer; public religious speech; urge Congress amend U. S. Constitution.................................................................................................HR 902 RESTAURANTS Food service establishments; Department of Human Resources establish grading sheet ........................................................................................................HB 467 Georgia's licensed vineyards and wineries; wines; urge restaurants to list..........HR 1175 Wine; restaurant patrons; remove partially consumed bottle; allow ....................HB 1196 Wine; restaurant patrons; resealed partially consumed bottle; authorize.............HB 1436 Winegrowers Association of Georgia; fine wines; urge restaurants to list ..........HR 1052 RETIREMENT AND PENSIONS Class Nine Fire Department Pension Fund; increase maximum monthly retirement benefit.................................................................................................HB 357 Deferred compensation plan; Board of Trustees; administer ...............................HB 1151 Employees' Retirement and Judicial Retirement; certain membership; creditable service .................................................................................................HB 336 Employees' Retirement System; State Road and Tollway Authority; provide status; contributions................................................................................ SB 177 Employees' Retirement; allowable service; change provisions..............................HB 644 Refer to numerical index for page numbers INDEX 6427 Employees' Retirement; assistant district attorney or public defender; certain creditable service .....................................................................................HB 479 Employees' Retirement; assistant district attorneys; creditable service .................HB 915 Employees' Retirement; certain county employees; correctional facilities; provisions.............................................................................................................HB 311 Employees' Retirement; certain General Assembly membership; repeal provisions.............................................................................................................HB 537 Employees' Retirement; certain groups included ..................................................HB 362 Employees' Retirement; certain temporary full-time service; credit......................HB 104 Employees' Retirement; creditable service; community service board..................HB 851 Employees' Retirement; disability benefits; eligibility provisions.........................HB 379 Employees' Retirement; group term life; define.....................................................HB 463 Employees' Retirement; law enforcement officers; amend provisions ..................HB 132 Employees' Retirement; law enforcement personnel; benefits...............................HB 567 Employees' Retirement; State Patrol; retire at 55 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 Fund; amend certain provisions............................................HB 534 Firefighters' Pension Fund; creditable service requirements; provisions...............HB 344 Firefighters' Pension Fund; provide for merger......................................................HB 749 Garnishment; exempt certain individual retirement accounts ................................HB 149 General Provisions, O.C.G.A.; correct errors/omissions in Title 47...................... SB 466 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 System; superior court judge or district attorney; creditable service .................................................................................................HB 895 Judicial Retirement; certain judges or district attorneys; creditable service ..........HB 821 Judicial Retirement; certain military service; creditable service............................HB 871 Judicial Retirement; creditable service for certain prior service; transfer contributions ........................................................................................................HB 486 Judicial Retirement; creditable service; cease contributions..................................HB 868 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 Large retirement systems; certain investments and percentage; provisions...........HB 482 Refer to numerical index for page numbers 6428 INDEX Legislative Retirement; member's salary and per diem..........................................HB 555 Magistrates Retirement Fund; create board of commissioners; define terms; powers....................................................................................................... SB 244 Peace Officers' Annuity and Benefit Fund; amend provisions...............................HB 348 Peace Officers' Annuity and Benefit Fund; certain creditable service; accept provisional applications............................................................................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 prior service- CA ......................HR 385 Public Retirement Systems Investment Authority Law; define terms; alternative investments ........................................................................................ SB 427 Public retirement systems; investment; limitation; current market value ..............HB 354 Public retirement systems; Republic of Sudan; provisions ..................................HB 1278 Public retirement; members convicted of certain crimes; forfeit benefits .............HB 529 Public School Employees Retirement; increase allowable benefit ........................HB 645 Public School Employees Retirement; retire at 60 or 30 years of service .............HB 399 Regional education service agency employees; retirement options .......................HB 759 Retirement; allowances; withdrawal of contributions; amend provisions ...........HB 1020 Retirement; circuit public defender; select Employees' or Judicial Retirement System...............................................................................................HB 391 Retirement; prior military service credit ................................................................HB 253 Sheriffs' Retirement Fund; newly elected sheriff; eligibility .................................HB 937 Social Security Act; certain waivers; require prior legislative approval..............HB 1473 Social Security cards; redesign; urge Congress....................................................HR 1941 Social Security earnings limitation; U.S. Congress; urge to repeal .....................HR 1437 State Health Benefit Plan; certain vested judges and district attorneys; continue coverage ................................................................................................HB 383 Superior Court Clerks' Retirement Fund; membership dues; provisions ...............HB 540 Superior Court Clerks' Retirement; amend provisions...........................................HB 476 Superior Court Clerks' Retirement; survivors benefits; amend provisions ............HB 809 Teachers Retirement; 5 years service; vested benefit.............................................HB 126 Teachers Retirement; certain eligibility; repeal provision .......................................HB 28 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; creditable service; 29 years .................................................HB 129 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....................HB 314 Teachers Retirement; prior service credit; Regents Retirement.............................HB 554 Refer to numerical index for page numbers INDEX 6429 Teachers Retirement; prior service; define.............................................................HB 464 Teachers Retirement; public school employees; transfer membership ..................HB 777 Teachers Retirement; reemployment of retired teachers........................................HB 545 Teachers Retirement; reemployment of retired teachers........................................HB 626 REVENUE (See Taxation and Revenue) REVENUE BONDS Bonds; aggregate amount; raise............................................................................HB 1300 Bonds; reporting requirements; change certain provisions ..................................HB 1495 General obligation and revenue bonds; requirements; provisions .......................HB 1012 House Study Committee on Health Care Bonds; create.........................................HR 774 RICHLAND, CITY OF; corporate limits; change................................................HB 1562 RICHMOND COUNTY Certain officials; compensation ..............................................................................HB 831 Richmond County Board of Health; appointments; terms of office.......................HB 721 RICHMOND HILL, CITY OF Ad valorem taxes; homestead exemption................................................................. SB 37 Homestead exemption; 65 years or older; provide...............................................HB 1656 RINCON, CITY OF Homestead exemption; municipal purposes ...........................................................HB 904 Provide new charter ..............................................................................................HB 1479 RIVERDALE, CITY OF; technical college; urge to establish .............................HR 1797 RIVERS, LAKES, AND HARBOR DEVELOPMENT Georgia Water Quality Control Act; change certain provisions; provide for fees .................................................................................................................HB 550 Natural Resources; river corridors; minimum standards/procedures for protection; change certain provisions .................................................................. SB 510 River Basin Protection Act; enact ............................................................................HB 55 Water resources; interbasin and intrabasin transfers; change provisions.................HB 53 RIVERSIDE, CITY OF; incorporate; new charter ...............................................HB 1072 ROCKDALE COUNTY House Study Committee on the Restructuring of Rockdale County Government; create............................................................................................HR 2039 Magistrate Court; certain qualifications; provide.................................................HB 1544 Refer to numerical index for page numbers 6430 INDEX S SALES AND USE TAX Carpet samples; raw material cost; fair market valuation; definitions .................HB 1040 Carpet samples; raw material cost; fair market valuation; provisions .................HB 1041 County and municipal sales and use tax; continued distribution; provide ...........HB 1258 Dealers' sales and use tax; estimated liability; change provisions .......................HB 1120 Homestead option sales and use tax; proceeds; change disbursing method.........HB 1416 Joint county and municipal sales tax on motor fuel; authorize; referendum..........HB 797 Liquid propane & natural gas; state tax; temporary exemption; provisions ..........HB 970 Local option sales tax; capital outlay; eligible expenditures..................................HB 825 Local option sales tax; health care within special districts; provisions..................HB 688 Local option sales tax; new qualified municipalities; change provisions ............HB 1403 Municipal sales and use tax; funding of projects and services; provide ..............HB 1065 Property tax for education; replace with sales tax - CA ...........................................HR 58 Revenue and taxation; comprehensive revision of provisions; provide...............HB 1310 Sales and use and motor fuel taxes; aviation fuel; revenue provisions-CA .........HR 1094 Sales and use tax exemption; airlines; jet fuel; provisions...................................HB 1013 Sales and use tax exemption; allocation of revenue; provide.................................HB 982 Sales and use tax exemption; certain farm machinery; provisions.......................HB 1176 Sales and use tax exemption; certain fuels; poultry; provide ...............................HB 1398 Sales and use tax exemption; certain groceries; food bank; provide....................HB 1301 Sales and use tax exemption; certain hall of fame attractions; provisions ...........HB 1182 Sales and use tax exemption; certain historical and educational attractions; provide ............................................................................................HB 1139 Sales and use tax exemption; certain personal property sales; provisions ...........HB 1384 Sales and use tax exemption; certain school supplies; energy efficient products; provide ...............................................................................................HB 1219 Sales and use tax exemption; certain uses of electricity or fuel; amend ..............HB 1135 Sales and use tax exemption; funeral merchandise; provide................................HB 1147 Sales and use tax exemption; jet fuel; provisions.................................................HB 1173 Sales and use tax exemption; jet fuel; provisions.................................................HB 1181 Sales and use tax exemption; maintenance or repair of aircraft; provide.............HB 1296 Sales and use tax exemption; mining or quarrying; provisions............................HB 1352 Sales and use tax exemption; national infantry museum and heritage park facility; provisions .............................................................................................HB 1121 Sales and use tax exemption; sales to churches; provisions.................................HB 1175 Sales and use tax exemption; textbooks; provide.................................................HB 1397 Sales and use tax exemption; water and sewer authorities; provide ....................HB 1204 Sales and use tax; biomass material; certain exemptions; provide.......................HB 1018 Sales and use tax; certain nonprofit organizations or health clinics; provisions...........................................................................................................HB 1668 Sales and use tax; collecting and remitting; change provisions .............................HB 993 Refer to numerical index for page numbers INDEX 6431 Sales and use tax; county maintenance/repair; authorize use.................................HB 996 Sales and use tax; definition of dealer; change.......................................................HB 111 Sales and use tax; distribution and expenditure of proceeds; provisions .............HB 1590 Sales and use tax; educational maintenance and operation; amend - CA ............HR 1111 Sales and use tax; government contractor; automatic repeal date; extend ...........HB 1014 Sales and use tax; graduated exemption for biodiesel fuels; provide...................HB 1378 Sales and use tax; penalties; provisions................................................................HB 1506 Sales and use tax; public schools; provisions - CA ..............................................HR 1281 Sales and use tax; sales price; change definition..................................................HB 1010 Sales and use tax; sales price; change definition..................................................HB 1050 Sales and use tax; transportation within special districts; authorize ....................HB 1382 Sales and use taxes; partial exemption; certain gas and oil; provide ...................HB 1110 Sales and use taxes; unincorporated islands; provisions ......................................HB 1493 Sales tax exemption; certain prescribed medical equipment....................................HB 11 Sales tax exemption; electricity 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 ................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 for educational purposes; authorize under certain conditions-CA..........HR 773 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 Sales tax; certain school supplies; provide exemption .........................................HB 1005 Sales tax; educational purposes; amend certain provisions....................................HB 893 Sales tax; exemptions for sales by child services agencies; clarify........................HB 541 Sales tax; retailer selling service; imposition and collection..................................HB 351 Special county 1 percent sales tax; county maintenance; authorize use ................HB 990 Special elections; bonds; sales and use taxes; provisions ....................................HB 1516 Special elections; sales and use taxes; provisions ................................................HB 1306 State Road and Tollway Authority; sales and use tax; provisions .......................HB 1487 State sales and use tax; certain products; provide exemptions.............................HB 1002 SANDY SPRINGS, CITY OF Exemption requirements; certain residents...........................................................HB 1039 Homestead exemption; certain residents; provisions ...........................................HB 1037 Homestead exemption; certain residents; provisions ...........................................HB 1038 Homestead exemption; certain residents; provisions ...........................................HB 1034 Homestead exemption; certain residents; provisions ...........................................HB 1035 Homestead exemption; certain residents; provisions ...........................................HB 1036 Public Facilities Authority; create ........................................................................HB 1192 Refer to numerical index for page numbers 6432 INDEX SAVANNAH, CITY OF Chatham County; Savannah, City of; Board of Public Education; modify compensation .....................................................................................................HB 1603 Redevelopment; authorize ....................................................................................HB 1375 SCHOOL BUSES Railroad crossings used by school buses; upgrade protective devices...................HB 715 SCHOOLS 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 Classrooms First for Georgia Act; require local schools to spend minimum operating funds on direct classrooms expenditures ............................ SB 390 Division I-A football playoff system; urge NCAA implement ..................................HR 8 Early care/learning; provide voluntary parent education services ............................. SB 1 Education; certain historical documents; prohibit restriction.................................HB 158 Education; certain textbooks; provide electronic format versions .........................HB 105 Education; elementary and secondary; observe Georgia Day................................HB 940 Education; eliminate local five mill share funds; allocation of 1 percent sales tax................................................................................................................HB 958 Education; evolution theory; teaching of factual scientific evidence.....................HB 179 Education; local boards; allow certain donations of sick leave..............................HB 543 Education; promotion of learning through the arts; urge assessment...................HR 1129 Education; state accountability plan; urge inclusion of science...............................HR 61 Education; state accountability plan; urge inclusion of social studies .....................HR 60 Graduation test; students failing science portion; certain eligibility ......................HB 423 High school students; failure to pass graduation test; certain eligibility................HB 252 House Study Committee on Parental Involvement in Schools; create .................HR 1887 House Study Committee on Reporting Requirement 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; 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 Nonprofit youth development organizations; licensing; exemptions.....................HB 451 Public schools; capital outlay funds; amend provisions.........................................HB 269 Sales tax; certain school supplies; provide exemption .........................................HB 1005 School clubs; local boards provide information to parents; policies and procedures............................................................................................................HB 661 Refer to numerical index for page numbers INDEX 6433 Student health; body mass index in report cards; provisions .................................HB 497 Student violence against teacher; remain in class at discretion of teacher.............HB 421 Time for Schools Act; enact ...................................................................................HB 230 Voluntary school prayer; public religious speech; urge Congress amend U. S. Constitution.................................................................................................HR 902 SCREVEN COUNTY Board of education; compensation; change provisions ........................................HB 1622 Board of education; nonpartisan election ...............................................................HB 817 Public property; conveyance; 13 counties .............................................................. SR 823 SEAT BELTS Passenger vehicles and pickup trucks; safety belts; require use...........................HB 1114 Seat belts; failure to wear; increase fine.................................................................HB 257 Seat belts; passenger vehicles; eliminate certain exceptions....................................HB 18 SECRETARY OF STATE Capitol Art Standards Commission; create ............................................................HB 978 Cemeteries and funeral services; amend certain provisions...................................HB 910 Division of Archives & History; certain historical documents; display.................HB 941 Division of Archives & History; recognize religious heritage; provisions ............HB 914 Nonpartisan elections; Secretary of State; provide - CA......................................HR 1157 SECURITIES Georgia Investment Fraud Prevention Board; establish .......................................HB 1665 Large retirement systems; certain investments and percentage; provisions...........HB 482 Public retirement systems; investment; limitation; current market value ..............HB 354 SEED CAPITAL FUND Seed - Capital Fund; investments; provisions ......................................................HB 1305 SELLING AND OTHER TRADE PRACTICES Biodiesel fuel; define term; prohibit production, offering for sale; unless fuel meets certain standards................................................................................. SB 636 Consumer reporting agencies; require notice of security breaches ........................HB 638 Fair Businesses Practice Act; spot delivery of motor vehicles; amend..................HB 879 Georgia Museum Property Act; establish ownership loaned to museums and archives ......................................................................................................... SB 195 Identity Theft Prevention Board; provide for establishment................................HB 1666 Identity theft; credit report security freeze; provisions ..........................................HB 966 Petroleum products; sale of; certain acts; prohibit .................................................HB 983 Retail businesses; refunds on certain consumer purchases; require.....................HB 1374 Social security numbers; prohibit use/display of; specified circumstances ........... SB 588 Refer to numerical index for page numbers 6434 INDEX SEMINOLE COUNTY; office of sheriff; fill vacancies.......................................HB 1142 SENATE Apportionment of House/Senate; provide for composition of state senatorial districts 46,47,49; elections................................................................. SB 386 Notify Senate; House convened ...........................................................................HR 1042 Senate Convened; notify House of Representatives............................................... SR 644 SENTENCE AND PUNISHMENT Aggravated sodomy; change age limitation; provide for imposition of death penalty ..........................................................................................................HB 13 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 Death penalty; majority vote of jurors; provisions...............................................HB 1552 Ga. Public Defender Standards Council; legal services; indigent persons; change provisions ................................................................................................ SB 503 Murder; certain offender not sentenced to death; life without parole ....................HB 248 Probation/Parole Community Based Supervision, Department of; create ...............HB 60 Repeat offenders; convicted of murder; punishment................................................ SB 57 Sexual offenses; change definitions; provide for increased punishment................HB 942 State ordered executions; protect physicians and medical professionals licensure .................................................................................................................HB 57 Work release programs; felony sentences; provisions ...........................................HB 432 SEWAGE AND SEPTIC TANKS Commercial waste tank truck; rules/regulations of Dept. of Human Resources ............................................................................................................. SB 578 House Septage Disposal Study Committee; create ..............................................HR 1890 Sewage Holding Tank Act; revise ..........................................................................HB 352 SEXUAL OFFENSES Aggravated child molestation; prosecution; amend time limitation.......................HB 169 Aggravated sodomy; change age limitation; provide for imposition of death penalty ..........................................................................................................HB 13 Incest; gender neutrality; provisions.....................................................................HB 1031 Juvenile proceedings; children; victims of sexual exploitation; provisions.........HB 1021 Prostitution; limit prosecution for offense; 16 years of age or older......................HB 946 Serious sexual offenders; satellite based monitoring; authorize program..............HB 886 Sexual offender registry; pardon or parole; registration verification .....................HB 171 Sexual offender registry; sexually violent offense; redefine..................................HB 140 Refer to numerical index for page numbers INDEX 6435 Sexual offenders; punishments; registration, residency, and workplace requirements; change provisions .......................................................................HB 1059 Sexual offenses; change definitions; provide for increased punishment................HB 942 Sexual offenses; motor vehicle forfeiture procedure; amend provisions .............HB 1465 Sexual offenses; offense of incest; gender neutrality; amend provisions...............HB 948 Sexual offenses; raise the age of consent to 18 years of age..................................HB 722 SHERIFFS County offices; nonpartisan elections.......................................................................HB 63 County offices; nonpartisan elections; General Assembly provide by law..............HB 62 Nonpartisan elections; include certain county officers ..........................................HB 433 Sheriffs' Retirement Fund; newly elected sheriff; eligibility .................................HB 937 Sheriffs; authority of courthouse security; remove courthouses/jails from list of properties protected ................................................................................... SB 462 Sheriffs; engaging in certain businesses; violation of oath ....................................HB 323 Sheriffs; nonpartisan elections................................................................................HB 241 Sheriffs; suspension; maximum time and extension ..............................................HB 349 Tax commissioners and collectors; tax sales proceeds; ex officio sheriffs ............HB 527 SOCIAL CIRCLE, CITY OF New charter; provide for corrections; oath, rules, procedures, regulations............ SB 608 School district; alternative method of sales tax for educational purposes.............. SB 362 SOCIAL SERVICES Ambulance services; reimbursement for medicaid recipients; provisions .............HB 909 Amy's Law; disposition for delinquent acts; change certain provisions ................ SB 522 Bill of Rights for Children in Foster Care; urge discussion by Department of Human Resources and child advocates .......................................HR 300 Children and youth; child protective services workers; amend provisions............HB 605 Children and youth services; transitional care centers; revise..............................HB 1233 Commissioner of Community Health; employees and health care; provisions...........................................................................................................HB 1339 Community Health, Dept. of; medical assistance benefits to ineligible individuals; establish comprehensive program to monitor/detect ....................... SB 648 County Directors of Family/Children Services; appointment; provisions ............. SB 435 Department of Human Resources; child welfare system; conference; urge.........HR 1939 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; create................................... SB 112 Georgia Long-Term Care Partnership Program Act; enact....................................HB 133 Georgia Taxpayer and Citizen Protection Act; enact .............................................HB 911 Housing authorities; private enterprise agreement .................................................HB 685 Refer to numerical index for page numbers 6436 INDEX Illegal aliens; bar from receiving public funded services - CA..............................HR 256 Juvenile proceedings; designated felony acts; create different standards ............HB 1500 Juvenile proceedings; mental health; change provisions......................................HB 1145 Long-term Care Partnership Program; revise certain definitions.........................HB 1451 Medicaid or state funded health care programs; immunosuppressives; required coverage.................................................................................................HB 602 Medicaid; estate recovery; provisions ..................................................................HB 1498 Medicaid; nursing homes; personal needs allowance; set minimum amount ...............................................................................................................HB 1606 Medical assistance managed care fraud; establish; define crime; administrative hearings/appeals; change certain provisions................................ SB 572 PeachCare for All Kids Act; enact .......................................................................HB 1464 PeachCare; enroll children of public employees; congressional action .................HR 171 PeachKids - Health Insurance for All Georgia Children Act; enact ....................HB 1212 Public benefits to aliens; policy; provisions .........................................................HB 1009 Religious or faith based organizations; public aid; receive - CA.........................HR 1345 Social Security Act; certain waivers; require prior legislative approval..............HB 1473 State Budgeting; comprehensive revision of provisions; revise/change duties and responsibilities of budget units........................................................... SB 556 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 Georgia Water Quality Control Act; change certain provisions; provide for fees .................................................................................................................HB 550 Ground-water withdrawal; permits; measuring devices; amend provisions ..........HB 746 Licensed soil scientists; evaluations and reports; provisions ...............................HB 1546 Water resources; interbasin and intrabasin transfers; change provisions.................HB 53 SOIL EROSION AND SEDIMENTATION Environmental Protection Division; land disturbance fee; certain requirements.......................................................................................................HB 1203 Natural Resources; river corridors; minimum standards/procedures for protection; change certain provisions .................................................................. SB 510 SPALDING COUNTY; coroner; compensation; provisions.................................HB 1270 SPORTS Adapted sports for disabled students; funded by Department of Education ..........HB 900 Athletic Associations; establish criteria according to student enrollment.............. SB 103 Division I-A football playoff system; urge NCAA implement ..................................HR 8 Dooley-Sanford Stadium; designate at University of Georgia.................................HR 13 Refer to numerical index for page numbers INDEX 6437 House Performance Enhancing Drugs in Athletics Study Committee; create ..................................................................................................................HR 1086 NASCAR Hall of Fame; Atlanta, Georgia location; urge....................................HR 1432 NASCAR Hall of Fame; urge to locate in Atlanta .................................................HR 568 Professional athletes; urge proper conduct and good sportsmanship.......................HR 89 Quality Basic Education Act; eligibility conditions for student athletes .............HB 1241 Special license plates; promote foundation of Atlanta Braves............................... SB 142 Special license plates; promote foundation of Atlanta Falcons.............................. SB 239 Ticket brokers; amend regulating provisions .........................................................HB 318 STATE COURTS OF COUNTIES (Also, see Courts) Clerks of courts; documents/records; create and maintain digital copies ..............HB 453 Courts; requesting judicial assistance from other courts, judges, and senior judges ........................................................................................................HB 609 Elected Judge of Superior/State Court; definitions; request hearings .................... SB 101 Superior court clerk; serve in state, magistrate, and juvenile county courts ..........HB 475 Supreme, Appeals, superior, state courts; judges; partisan elections - CA ............HR 855 STATE EMPLOYEES Deferred compensation plan; Board of Trustees; administer ...............................HB 1151 Employees' Insurance; continuation of health insurance; community service boards ...................................................................................................... SB 268 Employees' Retirement and Judicial Retirement; certain membership; creditable service .................................................................................................HB 336 Employees' Retirement System; State Road and Tollway Authority; provide status; contributions................................................................................ SB 177 Employees' Retirement; allowable service; change provisions..............................HB 644 Employees' Retirement; certain groups included ...................................................HB 362 Employees' Retirement; certain temporary full-time service; credit......................HB 104 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 Employees' Retirement; temporary full-time service; obtain creditable service ..................................................................................................................HB 582 Fraud, waste, and abuse in state operations; whistleblower; prohibit retaliation .................................................................................................................HB 8 Health insurance plans; state employees; change provisions ...............................HB 1425 Health insurance; state employees; contracts and fee schedule; provide ...............HB 985 House Study Committee on State Employees Salaries & Benefits; create ..........HR 1550 Judicial Retirement; creditable service; prior service in Employees' Retirement............................................................................................................HB 480 Low-interest mortgage loans for certain public employees; provide - CA ............HR 903 Refer to numerical index for page numbers 6438 INDEX Physicians; state health insurance plans; require Medicaid participation ................HB 73 Public Employees Labor Relations Commission; create........................................HB 606 Public employees; fraud, waste, and abuse; complaints or information ................HB 656 Regional education service agency employees; retirement options .......................HB 759 State employees' health insurance; credentialing by new third-party administrator; provide time requirements..........................................................HB 1115 State employees' health insurance; late/noncompliance charge; provisions ........HB 1113 State Employees Insurance; coverage for surviving dependents/spouse ............... SB 236 State employees; health insurance plan; eligibility; amend .................................HB 1007 State health benefit plans; termination of coverage; provisions...........................HB 1372 State officials and employees; mileage and travel expenses; provisions ...............HB 878 STATE FLAG, SEAL, AND OTHER SYMBOLS Colquitt, City of; declare as Georgia's First Mural City......................................... SB 484 English; designation as official language; amend ................................................HB 1024 House of Representatives; Georgia flag; recite pledge of allegiance; urge..........HR 1198 Pledge of allegiance; local boards of education; encourage students...................HR 1940 Red clay; Georgia's official dirt; designate ..........................................................HB 1443 Red drum; official state salt-water fish; designate ...............................................HB 1567 Southern Appalachian brook trout; official state cold water game fish; red drum; official state salt-water fish; designate....................................................HB 1211 State flag; change design; advisory referendum.......................................................HB 15 State flag; deceased Georgia elected state officials; provide ...............................HB 1246 State flags; qualifying public safety officers killed in the line of duty; honor service........................................................................................................ SB 381 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 Biodiesel fuels; require use by certain vehicles operated by local school districts; local governments ................................................................................. SB 453 Budgets/audits; local government; grant requirements; subrecipients................... SB 202 Building mapping information system; development/implementation; rules and regulations ............................................................................................ SB 223 Certain buildings; state funds; sustainability standards; require ..........................HB 1402 Certain government vehicles; clean and renewable fuels; require use.................HB 1412 Civil War Commission; editorial changes; change administrative assignment; codify certain provisions ................................................................. SB 445 Community Service Board Overview Commission; create......................................HB 35 Comprehensive emergency preparedness/response educational program; urge to create......................................................................................................HR 1692 Refer to numerical index for page numbers INDEX 6439 Council on Affordable Housing; create....................................................................HB 39 Counties housing state inmates awaiting transfer; reimbursement rate .................HB 477 Court reports; rules compilations; electronic database...........................................HB 514 Deer Management Act; change certain provisions................................................. SB 201 Department of Community Affairs; Section 8 housing fraud; require investigation.......................................................................................................HB 1162 Disposition of Surplus Property; sale of certain property by fixed price; change provisions ................................................................................................ SB 592 Education; nonlapsing revenue of institutions; change certain provisions ..........HB 1294 Education; use of lottery funds; amend ................................................................HB 1287 Emergency management; "Mattie's Call Act"; create ............................................HB 794 Eminent domain; power to transfer interest on real property; amend ..................HB 1091 English; designation as official language; amend ................................................HB 1024 English; official language of US government; urge Congress enact........................HR 29 Executive branch; privatization contracts; requirements .......................................HB 472 Fair Annexation Act; establish state policy regarding annexation; enact ..............HB 962 Fraud, waste, and abuse in state operations; whistleblower; prohibit retaliation .................................................................................................................HB 8 Georgia Agricultural Commodities Promotion Act; create Georgia Blueberry Commission; membership, appointment, election, terms................... SB 447 Georgia Arts Trust; create ....................................................................................HB 1086 Georgia Environmental Facilities Authority; change certain provisions .............HB 1319 Georgia Environmental Facilities Authority; rename; amend provisions..............HB 436 Georgia Procurement Registry; certain bid advertisements; local governments.........................................................................................................HB 833 Georgia Register; publication; change certain provisions....................................HB 1307 Georgia Security/Immigration Compliance Act; persons who are not lawfully present in the U.S.; comprehensive regulation...................................... SB 529 Georgia Smokefree Air Act of 2005; enact ............................................................HB 426 Georgia Transportation Infrastructure Bank Act; enact .........................................HB 137 Georgia Trauma Care Network Commission; establish; provide for composition; membership; duties ........................................................................ SB 565 Georgia Water Authority; create ..........................................................................HB 1247 Governmental agencies; prohibit employment of persons illegally in country .................................................................................................................HB 177 Health Care Bond Authority Act; enact .................................................................HB 198 Health care; continuation of optional plans; state agencies; provisions...............HB 1058 Health; labor; community service boards; repeal certain provisions .....................HB 991 HOPE scholarships and grants; change provisions ..............................................HB 1370 HOPE scholarships/grants; definitions; correct scrivener's error; provide for students in professional level programs ......................................................... SB 561 HOPE scholarships; set amount for mandatory fees; eligible public postsecondary institutions; January 1, 2004 ........................................................ SB 506 Refer to numerical index for page numbers 6440 INDEX House State-Local Shared Usage of Government Facilities Study Committee; create ..............................................................................................HR 1080 House Study Committee on State Mileage Reimbursement Rate; create ..............HR 910 Individual development accounts; exclusions and tax credits; provide ...............HB 1441 Innocent Persons' Compensation Act; provisions ..................................................HB 682 Inspection of public records; jurisdiction; amend ................................................HB 1071 Job Development Authority; promote creation and retention of jobs ....................HB 630 Leases; contracts; agreements; additional requirements; provide ........................HB 1537 Legislative Services Committee; change provisions; abolish Leg. Budget Office; Fiscal Affairs Subcommittees ................................................................. SB 282 Lottery for education; method of payment for tickets............................................HB 346 Lottery funds; eliminate Construction Reserve Trust Fund; Board of Education; funds to local units of admin.; electronic technology ....................... SB 440 Lottery proceeds; provide method to recover delinquent child support payments; change certain provisions ................................................................... SB 419 Lovejoy to Atlanta rail project; obligation of state; operating subsidy agreements ...........................................................................................................HR 254 Medical assistance managed care fraud; establish; define crime; administrative hearings/appeals; change certain provisions................................ SB 572 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; operating while under the influence; comprehensive revision; modernization; reform laws of state ..................................................... SB 502 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 Office of Treasury and Fiscal Services; Republic of Sudan; provisions..............HB 1280 Open meetings and records; public purpose; provide - CA .................................HR 1223 Open meetings and records; public purpose; provide - CA .................................HR 1235 Open meetings; certain exclusions; open records; certain requirement .................HB 684 Open records & open meetings; local/state governments; exceptions - CA ..........HR 411 Private property; limit power to take for public purposes - CA ...........................HR 1112 Public benefits to aliens; policy; provisions .........................................................HB 1009 Public disclosure of records; certain exception; clarify .........................................HB 874 Public employees; fraud, waste, and abuse; complaints or information ................HB 656 Public libraries; delete references; State Law Library ........................................... SB 216 Public meetings; change certain provisions..........................................................HB 1587 Public policy; citizens participation in government; amend ................................HB 1131 Public records; economic development; exemption and disclosure of certain records......................................................................................................HB 218 Public records; educational facilities; open to inspection as other agencies................................................................................................................ SB 153 Refer to numerical index for page numbers INDEX 6441 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 Ray Biddie/Gene Mullis Act; regulate patient care dialysis technicians; provide licensing requirements; renewal/reinstatement of licenses .................... SB 423 Red clay; Georgia's official dirt; designate ..........................................................HB 1443 Red drum; official state salt-water fish; designate ...............................................HB 1567 Regional development centers; fee for reviewing certain actions by local governments.........................................................................................................HB 604 Renewable energy; voluntary portfolio standard goods; provide.........................HB 1593 Republic of Sudan; certain state agencies; prohibitions.........................................HB 964 Silver medallions; use in financial transactions; require issuance .......................HB 1569 Soil Scientists Licensing Act; regulate practice of soil science ............................... SB 95 State Accounting Office; create..............................................................................HB 190 State agencies; impounded property; notification of owner...................................HB 109 State agency/officer; shall not accept/utilize certain grants/funds under certain conditions................................................................................................. SB 154 State and local government purchasing contracts; preference for Georgia products and vendors .............................................................................................HB 91 State Budgeting; comprehensive revision of provisions; revise/change duties and responsibilities of budget units........................................................... SB 556 State flag; change design; advisory referendum.......................................................HB 15 State flag; deceased Georgia elected state officials; provide ...............................HB 1246 State flags; qualifying public safety officers killed in the line of duty; honor service........................................................................................................ SB 381 State officials and employees; mileage and travel expenses; 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 Properties Commission; certain state entities shall sell/make long- term leases of property......................................................................................... SB 504 State properties; administrative space management; change provisions..............HB 1596 State songs of patriotic heritage; designate ............................................................HB 939 Tourism; urge state to promote with website on license plates..............................HR 430 Vending facilities on state property; blind vendors; revise/add definitions...........HB 337 War of 1812 Bicentennial Commission; create......................................................HB 988 STATE PRINTING AND DOCUMENTS Businesses that collect computerized data; disclose breach of security.................HB 648 Court reports; rules compilations; electronic database...........................................HB 514 Division of Archives & History; certain historical documents; authorize display..................................................................................................................HB 941 Division of Archives & History; recognize religious heritage; provision..............HB 914 Refer to numerical index for page numbers 6442 INDEX English; designation as official language; amend ................................................HB 1024 Inspection of public records; jurisdiction; amend ................................................HB 1071 MARTA; public records relating to fare payment system; exempt from disclosure; provide...............................................................................................HB 955 Open meetings; certain exclusions; open records; certain requirement .................HB 684 Public disclosure of records; certain exception; clarify .........................................HB 874 Public records; economic development; exemption and disclosure of certain records......................................................................................................HB 218 Public records; educational facilities; open to inspection as other agencies................................................................................................................ SB 153 STEPHENS COUNTY Ad valorem taxes; homestead exemption; provide...............................................HB 1526 Board of commissioners; amend ..........................................................................HB 1533 Disabled veterans; homestead exemption; provide ..............................................HB 1530 Disabled veterans; homestead exemption; provide ..............................................HB 1534 School district ad valorem taxes; homestead exemption; provide .......................HB 1529 Service members killed in action; homestead exemption; provide ......................HB 1531 Service members killed in action; homestead exemption; provide ......................HB 1532 STEWART COUNTY Southwest Georgia Technology Authority; create ...............................................HB 1161 STOCKBRIDGE, CITY OF; new charter; provide .............................................HB 1555 STREET GANG TERRORISM AND PREVENTION Georgia Street Gang Terrorism and Prevention Act; amend provisions................HB 130 Georgia Street Gang Terrorism and Prevention Act; change provisions .............HB 1302 Street Gang Terrorism/Prevention; change/add certain definitions ......................... SB 58 SUMTER COUNTY Duties of district attorney of judicial circuit; provide ..........................................HB 1499 Magistrate court; technology fee; authorize .........................................................HB 1277 SUPERIOR COURTS Alapaha Judicial Circuit; superior courts; change term of court............................ SB 615 Alapaha Judicial Circuit; term of court; change...................................................HB 1395 Alcovy Judicial Circuit; superior court judges; increase salary supplement........HB 1570 Bell-Forsyth Judicial Circuit; superior court judges; salary supplement .............HB 1572 Blue Ridge Judicial Circuit; amount of compensation; increase..........................HB 1566 Blue Ridge Judicial Circuit; superior courts; third judge; provide.......................HB 1263 Cherokee Judicial Circuit; add new judge..............................................................HB 204 Clayton Judicial Circuit; change amount of county supplement............................ SB 355 Refer to numerical index for page numbers INDEX 6443 Clayton Judicial Circuit; county supplement; change amount ............................... SB 678 Clayton Judicial Circuit; judge of juvenile court; compensation from state funds/Clayton County .......................................................................................... SB 669 Clayton Judicial Circuit; judges of superior court; increase county supplement to state salary .................................................................................... SB 673 Clerks of courts; documents/records; create and maintain digital copies ..............HB 453 Clerks of superior courts; real estate or personal property filing fees; sunset dates; change.............................................................................................HB 989 Clerks; certain printed records; delete requirement..............................................HB 1355 Cobb Judicial Circuit; superior court judges; amend number ..............................HB 1111 Cobb Judicial Circuit; supplement paid to each judge of superior court ............... SB 616 County boards of equalization; appeals to superior courts; repeal right ................HB 896 Coweta Judicial Circuit; provide for a sixth judge of superior courts.................... SB 624 Divorce; additional filing fee for Children's Trust Fund ........................................HB 224 Dublin Judicial Circuit; add judge..........................................................................HB 232 Elected Judge of Superior/State Court; definitions; request hearings .................... SB 101 Enotah Judicial Circuit; superior court judges; amend number ...........................HB 1148 Flint Judicial Circuit; add judge .............................................................................HB 134 Gwinnett Judicial Circuit; add judge ......................................................................HB 489 Judicial Retirement; certain judges or district attorneys; creditable service ..........HB 821 Judicial Retirement; include secretaries of superior court judges ..........................HB 474 Juvenile court; jurisdiction; transferring cases from Superior Court .....................HB 325 Juvenile court; superior court transferring certain cases; amend provisions..........HB 181 Juveniles; homicide by vehicle; provisions ..........................................................HB 1407 Magistrate court; certain cases; right of removal for jury trial...............................HB 677 Pataula Circuit; superior courts; change certain terms ........................................... SB 264 Sheriffs; courthouse and courtroom security; responsibility for; provide............HB 1000 Superior court clerk; serve in state, magistrate, and juvenile county courts ..........HB 475 Superior Court; clerk; lien; provisions .................................................................HB 1492 Superior court; transferring cases; change provisions..........................................HB 1163 Superior courts; certain circuits; number of judges; provisions...........................HB 1073 Superior courts; family court division; authorize creation .....................................HB 297 Supreme, Appeals, superior, state courts; judges; partisan elections - CA ............HR 855 Walton Judicial Circuit; create .............................................................................HB 1255 Waycross and Alapaha Judicial Circuits; term of court; change..........................HB 1496 SUPREME COURT Joint session; message from Chief Justice of Supreme Court..............................HR 1107 Law school graduates; state bar exam; Supreme Court powers .............................HB 150 President's Supreme Court nominees; Ga. U.S. Senators support; urge ................HR 167 Supreme, Appeals, superior, state courts; judges; partisan elections - CA ............HR 855 Supreme Court; election of Justices; provide - CA ..............................................HR 1336 Refer to numerical index for page numbers 6444 INDEX SUWANEE, CITY OF Suwanee Gateway Visitors Bureau Authority; create; promote tourism; appointment; compensation; provide general powers; regulations ..................... SB 519 SYLVANIA, CITY OF; corporate boundaries; change ........................................HB 1558 T TALKING ROCK, TOWN OF Time of municipal elections; terms of mayor/council; change provisions............. SB 630 TALLULAH FALLS, TOWN OF Town council; quorum, voting, special meetings; change provisions.................... SB 633 TANNING FACILITIES House Study Committee on Tanning Salon Consumer Protection; create...........HR 1795 Tanning facilities; definitions and provisions ........................................................HB 702 TAXATION AND REVENUE Ad valorem tax exemption; business inventory; provide .....................................HB 1063 Ad valorem tax levy; repeal certain provisions ......................................................HB 849 Ad valorem tax millage rate and property value; provide limitations - CA.........HR 1234 Ad valorem tax; appraisal value; owner's acquisition cost - CA..............................HR 85 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; exempt certain income; nonprofit museums; referendum ...............HB 3 Ad valorem tax; exempt certain nonprofit museums; referendum.............................HB 2 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; limitations 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; tangible property; eliminate CA ...............................................HR 634 Ad valorem tax; veterans organizations; historic military aircraft; provide exemption ...............................................................................................HB 173 Ad valorem taxation exemption; certain charitable institutions; provide ............HB 1388 Ad valorem taxation exemption; watercraft in inventory; provide ......................HB 1249 Ad valorem taxation of property; change certain definitions...............................HB 1274 Refer to numerical index for page numbers INDEX 6445 Ad valorem taxation of Property; revise pay structure of certain county officers/officials; provide recalculation of min. salaries ..................................... SB 450 Ad valorem taxation; assessed taxable property value; amend provisions ..........HB 1281 Ad valorem taxation; tangible personal property located on airport; change provisions ................................................................................................ SB 291 Ad valorem taxes; transfer of tax executions; amend certain provisions...............HB 931 Adult video stores; state licenses; require ............................................................HB 1553 Annual accounting periods; treatment of taxable years; amend provisions .........HB 1042 Appraisal; county staff; change certain provisions...............................................HB 1187 Buffer Zones; provide current use assessment for undeveloped land areas........... SB 604 CA: ad valorem tax; bona fide conservation use property; exemption from covenant requirement................................................................................ SR 1104 CA: Income Taxation; exclusions for taxpayers 62 and 65 yrs/older .................. SR 1085 CA: Taxpayers' Dividend Act; restrict amendments that increase appropriations ...................................................................................................... SR 817 Carpet samples; raw material cost; fair market valuation; definitions .................HB 1040 Carpet samples; raw material cost; fair market valuation; provisions .................HB 1041 Coin operated amusement machines; change certain provisions ...........................HB 123 Conservation use covenant; breach; provide for additional acts ..........................HB 1293 Cost-of-Living Tax Fairness Act; enact .................................................................HB 182 County and municipal sales and use tax; continued distribution; provide ...........HB 1258 County board of tax assessors; member requirements; provisions ......................HB 1081 County boards of equalization; appeals to superior courts; repeal right ................HB 896 County boards of equalization; certain appeal costs; change provisions .............HB 1365 County excise tax; severance of solid minerals; provide .....................................HB 1116 County Levies; public accommodations; tourism/conventions; 5 percent tax rate.................................................................................................................. SB 194 County taxation; payment; provisions..................................................................HB 1336 Dealers' sales and use tax; estimated liability; change provisions .......................HB 1120 Death tax; urge congressional delegation work to abolish.....................................HR 133 Disabled veterans; homestead exemption; increase .............................................HB 1362 Education; eliminate local five mill share funds; allocation of 1 percent sales tax................................................................................................................HB 958 Estate tax; change certain definitions .....................................................................HB 113 Excise tax; certain furnishings; change provisions...............................................HB 1317 Excise tax; cigars and cigarettes; change definitions .............................................HB 124 Excise tax; furnishing of public accommodations; change provisions ................HB 1030 Excise tax; furnishing of public accommodations; provisions.............................HB 1426 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 Fees and taxes; time of payment; include heating and cooling air repair ............HB 1049 Refer to numerical index for page numbers 6446 INDEX Georgia Arts Trust; create ....................................................................................HB 1086 Georgia Economic Development and Fiscal Accountability Act; enact ................HB 551 Georgia Public Revenue Code; amend.................................................................HB 1551 Georgia Security/Immigration Compliance Act; persons who are not lawfully present in the U.S.; comprehensive regulation...................................... SB 529 Health plans; high deductible; provide exemption ...............................................HB 1254 Homestead exemption; certain spouses; U.S. service members; amend..............HB 1074 Homestead exemption; disabled veterans; increase ...............................................HB 803 Homestead exemption; disabled veterans; surviving spouses who remarry ..........HB 315 Homestead exemption; disabled veterans; surviving spouses; amend .................HB 1076 Homestead exemption; senior citizens; actual levy amount...................................HB 848 Homestead exemption; unremarried spouse of peace officer or firefighter killed in duty; provisions .......................................................................................HB 81 Homestead exemptions; ad valorem property taxes; provisions - CA .................HR 1050 Homestead option sales and use tax; proceeds; method of disbursing.................HB 1416 Hotel-motel tax; local governments; amend provisions.........................................HB 765 House Comprehensive Tax Reform Study Committee; create.............................HR 1464 House Tag Tax Study Committee; create.............................................................HR 1778 Income tax credit; businesses adding employees; computation .............................HB 468 Income tax credit; certain purchased or leased hybrid vehicles ...............................HB 21 Income tax credit; certain students and teachers; provisions ...............................HB 1051 Income tax credit; donations to community foundations; provide.......................HB 1146 Income tax credit; employers providing retraining programs; provisions ...........HB 1157 Income tax credit; imposition; rate; computation; real property; amend .............HB 1107 Income tax credit; qualified child and dependent care expenses; provide ...........HB 1080 Income tax credit; reel mowers; provide ..............................................................HB 1048 Income tax credit; teleworking for limited period of time .....................................HB 194 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; broadband equipment; exemption ......................................................HB 742 Income tax; change certain definitions...................................................................HB 112 Income tax; corporations; gradual reduction; abolishment ......................................HB 24 Income tax; exclude certain severance pay ............................................................HB 208 Income tax; military income exclusion; amend......................................................HB 167 Individual development accounts; exclusions and tax credits; provide ...............HB 1441 Insurance premiums; gradual reduction in state tax; provide...............................HB 1387 Insurance tax credit; certain qualified investments; provide................................HB 1295 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 Liquid propane & natural gas; state tax; temporary exemption; provisions ..........HB 970 Local governments; regulatory fees; sale of certain lawful products; provisions.............................................................................................................HB 304 Refer to numerical index for page numbers INDEX 6447 Local option sales tax; capital outlay; eligible expenditures..................................HB 825 Local option sales tax; health care within special districts; provisions..................HB 688 Local option sales tax; new qualified municipalities; change provisions ............HB 1403 Motor fuel tax; change certain definitions..............................................................HB 114 Motor fuel; public mass transit; change certain provisions..................................HB 1244 Motor Vehicle Rental Companies; imposition of fee; provide definitions; procedures, conditions, and limitations ............................................................... SB 620 Motor vehicles; registration; place of return; amend ...........................................HB 1236 Municipal sales and use tax; funding of projects and services; provide ..............HB 1065 Pari-mutuel betting and casino gambling; remove prohibition - CA ...................HR 1304 Pari-mutuel betting; remove prohibition; taxation; dedicate revenue - CA .............HR 90 Periodic tax expenditure reports; provide.............................................................HB 1540 Property sold for taxes; redemption provisions........................................................HB 40 Property tax exemptions; applicant; change definition ........................................HB 1452 Property tax for education; replace with sales tax - CA ...........................................HR 58 Real estate transfer tax; General Assembly impose by local law...........................HB 631 Real property; agricultural purposes; preferential assessment; provisions ............HB 992 Redevelopment Powers Law; change certain definitions.....................................HB 1361 Revenue and taxation; change certain provisions regarding definitions ................HB 122 Revenue and taxation; comprehensive revision of provisions; provide...............HB 1310 Revenue, Department of; amend provisions...........................................................HB 128 Revenue, Department of; contracting private entities for collections; prohibit.................................................................................................................HB 652 Sales and use and motor fuel taxes; aviation fuel; revenue provisions-CA .........HR 1094 Sales and use tax exemption; airlines; jet fuel; provisions...................................HB 1013 Sales and use tax exemption; allocation of revenue; provide.................................HB 982 Sales and use tax exemption; certain farm machinery; provisions.......................HB 1176 Sales and use tax exemption; certain fuels; poultry; provide ...............................HB 1398 Sales and use tax exemption; certain groceries; food bank; provide....................HB 1301 Sales and use tax exemption; certain hall of fame attractions; provisions ...........HB 1182 Sales and use tax exemption; certain historical and educational attractions; provide ............................................................................................HB 1139 Sales and use tax exemption; certain personal property sales; provisions ...........HB 1384 Sales and use tax exemption; certain school supplies; energy efficient products; provide ...............................................................................................HB 1219 Sales and use tax exemption; certain uses of electricity or fuel; amend ..............HB 1135 Sales and use tax exemption; funeral merchandise; provide................................HB 1147 Sales and use tax exemption; jet fuel; provisions.................................................HB 1173 Sales and use tax exemption; jet fuel; provisions.................................................HB 1181 Sales and use tax exemption; maintenance or repair of aircraft; provide.............HB 1296 Sales and use tax exemption; mining or quarrying; provisions............................HB 1352 Sales and use tax exemption; national infantry museum and heritage park facility; provisions .............................................................................................HB 1121 Refer to numerical index for page numbers 6448 INDEX Sales and use tax exemption; nonprofit volunteer health clinics; provide ...........HB 1272 Sales and use tax exemption; sales to churches; provisions.................................HB 1175 Sales and use tax exemption; textbooks; provide.................................................HB 1397 Sales and use tax exemption; water and sewer authorities; provide ....................HB 1204 Sales and use tax; allocation of revenue to fund relief - CA ................................HR 1046 Sales and use tax; biomass material; certain exemptions; provide.......................HB 1018 Sales and use tax; certain nonprofit organizations or health clinics; provisions...........................................................................................................HB 1668 Sales and use tax; collecting and remitting; change provisions .............................HB 993 Sales and use tax; county maintenance/repair; authorize use.................................HB 996 Sales and use tax; definition of dealer; change.......................................................HB 111 Sales and use tax; distribution and expenditure of proceeds; provisions .............HB 1590 Sales and use tax; government contractor; automatic repeal date; extend ...........HB 1014 Sales and use tax; graduated exemption for biodiesel fuels; provide...................HB 1378 Sales and use tax; penalties; provisions................................................................HB 1506 Sales and use tax; public schools; provisions - CA ..............................................HR 1281 Sales and use tax; sales price; change definition..................................................HB 1010 Sales and use tax; sales price; change definition..................................................HB 1050 Sales and use tax; transportation within special districts; authorize ....................HB 1382 Sales and use taxes; partial exemption; certain gas and oil; provide ...................HB 1110 Sales tax exemption; certain prescribed medical equipment....................................HB 11 Sales tax exemption; electricity 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 ................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 for educational purposes; authorize under certain conditions-CA..........HR 773 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 Sales tax; certain school supplies; provide exemption .........................................HB 1005 Sales tax; educational purposes; amend certain provisions....................................HB 893 Sales tax; exemptions for sales by child services agencies; clarify........................HB 541 Sales tax; retailer selling service; imposition and collection..................................HB 351 Setoff debt collection; claimant agencies; include public housing authorities.............................................................................................................HB 429 Special county 1 percent sales tax; amend provisions............................................HB 493 Special county 1 percent sales tax; county maintenance; authorize use ................HB 990 Special elections; sales and use taxes; provisions ................................................HB 1306 State income tax; abolish ......................................................................................HB 1667 State income tax; certain cancer funds; change provisions ..................................HB 1602 State income tax; unemployment compensation; provide for exclusion..............HB 1511 Refer to numerical index for page numbers INDEX 6449 State Public Transportation Fund; limits on collections and expenditures ............HB 361 State revenue commissioner; property appraisal and assessment; provide ..........HB 1502 State sales and use tax; certain products; provide exemptions.............................HB 1002 Tax Appeal Procedures; recovery of certain appeal costs by taxpayer; change provisions ................................................................................................ SB 597 Tax commissioners and collectors; tax sales proceeds; ex officio sheriffs ............HB 527 Tax executions and judicial sales; prohibit certain sales; exceptions.......................HB 38 Tax executions and judicial sales; prohibit sales....................................................HB 157 Tax executions; amend provisions regarding issuance ..........................................HB 118 Tax executions; certain transfers; required notice; amend provisions ...................HB 447 Tax executions; change provisions regarding issuance; definition; procedures............................................................................................................ SB 525 Tax executions; deed or bill of sale; purchaser information ..................................HB 110 Tax executions; issuance and transfer; amend provisions......................................HB 448 Tax executions; property; prohibit sale to county tax commissioners ...................HB 368 Tax executions; provide ad valorem property taxes/assessments governed by Title 48; purchase and transfer of rights ......................................................... SB 585 Tax executions; regulate transfers; prohibit certain sales.......................................HB 226 Tax or fee; approved by voters in jurisdiction - CA.............................................HR 1078 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 Taxable net income; certain business relocations; exclude attributable income....................................................................................................................HB 12 Taxable net income; certain companies; provide adjustments .............................HB 1160 Taxable net income; compensation for wrongful conviction; provisions...........................................................................................................HB 1454 Taxable net income; unreimbursed medical expenses; provisions.......................HB 1455 Taxation of intangibles; real estate transfer tax; amend certain provisions ...........HB 117 Taxes; local governments; liable for certain legal fees; provisions .......................HB 949 Widow's tax; U.S. Congress; urge to eliminate....................................................HR 2040 TEACHERS (Also, see Education) Agricultural education teachers; minimum salaries; provide...............................HB 1226 Bianca Walton Anti-Bullying Act; enact................................................................HB 424 Bill of Rights for Georgia Teachers; enact.............................................................HB 815 Early Care/Learning; provide voluntary parent education services ........................... SB 1 Education; local boards; allow certain donations of sick leave..............................HB 543 Grants for Classroom Teachers Program; provide for establishment ..................HB 1284 Health insurance funds; teachers and school employees; combine with other funds ...........................................................................................................HB 524 HOPE teacher's scholarship; eligibility requirements; change.............................HB 1200 Refer to numerical index for page numbers 6450 INDEX Juries; exemption; caregivers of certain children ...................................................HB 376 Student violence against teacher; remain in class at discretion of teacher.............HB 421 Teacher certification renewal; basic computer skill competency test; provisions.............................................................................................................HB 972 Teacher education; urge inclusion of health/physical education courses...............HR 395 Teachers Retirement; 5 years service; vested benefit.............................................HB 126 Teachers Retirement; certain eligibility; repeal provision .......................................HB 28 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; creditable service; 29 years .................................................HB 129 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....................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 545 Teachers Retirement; reemployment of retired teachers........................................HB 626 Teachers; duty-free lunch period; change provisions...........................................HB 1082 TELEPHONE AND TELEGRAPH SERVICE 911 emergency service; billing charges; amend.....................................................HB 174 911 telephone charges; billing, collection, and use; provisions .............................HB 148 Cell phones; retail sale; require certain records....................................................HB 1377 Cellular telephone service; certain requirements; provisions.................................HB 303 Competitive Emerging Communications Technologies Act; definitions; Public Service Commission shall not impose rate requirements......................... SB 120 Emergency telephone number 9-1-1 system; define certain terms ......................HB 1466 Income tax; broadband equipment; exemption ......................................................HB 742 Joint emergency 911 system authorities; property tax exemption .........................HB 770 Joint emergency 911 system authorities; property tax; exemptions.......................HB 791 Motor vehicles; use of mobile phone; prohibit certain drivers...............................HB 322 Nonemergency Phone System; establish /operate 311........................................... SB 113 Obstructing placement of emergency phone calls; redefine offense......................HB 187 Phone cards; disclose terms at time of purchase; provisions .................................HB 245 Physically Impaired; audible access; Public Service Commission; establish guidelines/funding for system ................................................................ SB 91 Privacy; customer proprietary network information broker; obtain or release customer information; provide penalties; exceptions.............................. SB 455 Refer to numerical index for page numbers INDEX 6451 Privacy; mobile telephone usage; unlawful to disseminate information without expressed consent of subscriber; penalties; exception ........................... SB 456 Telecommunications; audible information access system for blind citizens ........................................................................................................HB 655 Telecommunications; customer's change order; provisions .................................HB 1440 Telephone and telegraph service; Joint Study Committee; reconstitute ................HB 738 Telephone service provider; customer records; prohibit sale or transfer .............HB 1290 Telephone service; unsolicited commercial facsimile messages............................HB 162 Untraceable phone records; action to eliminate; urge ..........................................HR 1789 Wireless Communications Security Act; enact ....................................................HB 1060 TELEVISION Cable service providers; certificates of authority; Public Service Commission issue and regulate .............................................................................HB 90 Income tax; broadband equipment; exemption ......................................................HB 742 Missing disabled adults; alert system; certain entities; urge coordination .............HR 414 TEMPLE, CITY OF; new charter...........................................................................HB 756 TERRELL COUNTY Clerk of Magistrate Court; provisions ..................................................................HB 1332 Clerk of Probate Court; provisions.......................................................................HB 1333 Public property; conveyance; 13 counties .............................................................. SR 823 TERRORISM Georgia Street Gang Terrorism and Prevention Act; amend provisions................HB 130 THEFT OFFENSES Burglary and theft; punishment; amend ...............................................................HB 1185 Commercial driver's license; violation; provide for revocation ...........................HB 1275 Crimes; theft by conversion of health care benefits; define offense ......................HB 214 TIFT COUNTY Board of Education; continuation in office of current members; election of chairperson ...................................................................................................... SB 658 State Court; judge engaging in practice of law; prohibit......................................HB 1624 TOBACCO AND TOBACCO RELATED PRODUCTS Excise tax; cigars and cigarettes; change definitions .............................................HB 124 Georgia Smokefree Air Act of 2005; enact ............................................................HB 426 Public Health; offenses; smoking on a bus while transporting children ................ SB 196 Refer to numerical index for page numbers 6452 INDEX TOOMBS COUNTY Board of commissioners; reconstitute ....................................................................HB 780 School district; alternate method of distribution for educational purposes............ SB 322 TORTS Abuse of tort law against firearm industry; urge Congress end .............................HR 132 Civil practice/torts; health care liability claims; noneconomic damages ...............HB 235 Civil practice; venue; actions against joint defendants ..........................................HB 238 Crimes; person who is attacked has no duty to retreat; provide civil immunity.............................................................................................................. SB 396 Georgia Right to Self-defense Act of 2006; create...............................................HB 1061 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; procedures relating to actions ..............................................HB 571 Tort claims; settlement offers; change provisions..................................................HB 239 Torts; asbestos claims and successor corporations; provisions..............................HB 925 Torts; emergency medical care; liability claims; amend provisions ......................HB 233 Torts; immunity from civil liability for non-profit organizations .......................... SB 238 Torts; joint tort-feasors; award and apportionment of damages.............................HB 231 Torts; limit medical damages; liability of facilities; provisions.............................HB 339 Torts; medical malpractice insurance rates; financial limits; provisions ...............HB 274 Torts; medical negligence; limit noneconomic damages .......................................HB 329 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 United States Nuclear Regulatory Commission; enhance the protection of licensed facilities.................................................................................................. SB 532 TOURISTS House Study Committee on Cruise Ship Terminals; create .................................HR 1700 NASCAR Hall of Fame; urge to locate in Atlanta .................................................HR 568 Sales and use tax exemption; certain hall of fame attractions; provisions ...........HB 1182 Tourism; urge state to promote with website on license plates..............................HR 430 TOWNS COUNTY; board of commissioners; reconstitute ....................................HB 491 TRANSPORTATION, DEPARTMENT OF Capitol Avenue lane usage; urge Department of Transportation, City of Atlanta, and Capitol Police conduct study...........................................................HR 820 Department of Transportation; certain projects; bond amounts; provisions ........HB 1177 Department of Transportation; commercial development; authorize to lease property.................................................................................................HB 1337 Refer to numerical index for page numbers INDEX 6453 Department of Transportation; turn lanes based on daily volume; not require ................................................................................................................HB 1598 Employees' Retirement System; State Road and Tollway Authority; provide status; contributions................................................................................ SB 177 Georgia Community Streetcar Development/Revitalization Act; implement program.............................................................................................. SB 150 Georgia Highway Authority; one-time transfer of trust funds ...............................HB 525 Motor vehicles; highway work zones; required signage ........................................HB 160 Outdoor advertising signs; restriction; amend......................................................HB 1097 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 road system; utility fails to remove/relocate facility; responsible to Dept. of Transportation for failure to comply ................................................. SB 431 Public roads; allocation of state and federal funds; change provisions....................HB 16 Public roads; Dept. of Transportation conduct study of each county; identify road corridors ......................................................................................... SB 483 Public works; exercise of power to contract by Department of Transportation; amend .......................................................................................HB 1090 Sale of aviation fuel; fund regional airport facilities; urge DOT ...........................HR 537 School bus routes; rail crossings list; warning devices; urge school districts to survey ...............................................................................................HR 1942 State Public Transportation Fund; limits on collections and expenditures ............HB 361 State officials and employees; mileage and travel expenses; provisions ...............HB 878 State officials and employees; travel expenses; change mileage rate ....................HB 670 State Road and Tollway Authority; sales and use tax; provisions .......................HB 1487 State Transportation Board; terms of members; change - CA .............................HR 1666 Transportation, State Board; member removal; provisions....................................HB 891 Transportation; design-build contracts; revise criteria ........................................... SB 231 Transportation; Lovejoy to Atlanta rail project; subsidize costs..........................HR 1227 Transportation; Lovejoy to Atlanta rail project; subsidize costs..........................HR 1237 Transportation; toll provisions; amend.................................................................HB 1190 Vehicles; live poultry; certain circumstances; prohibit hauling ...........................HB 1180 Weight of vehicle and load; hauling of construction aggregates; include ...........HB 1106 TREASURY AND FISCAL SERVICES, OFFICE OF State Accounting Office; create..............................................................................HB 190 Refer to numerical index for page numbers 6454 INDEX TREUTLEN COUNTY; board of education; compensation ..................................HB 781 TRIALS Civil practice; trial continuance; members of General Assembly; amend provisions.............................................................................................................HB 716 Criminal proceedings; notices and pleadings; change provisions........................HB 1421 Criminal trial; arrest record expunged; provisions ...............................................HB 1563 Criminal trials; right to trial by jury; provide method for waiver .......................... SB 583 Magistrate court; certain cases; right of removal for jury trial...............................HB 677 Trial; jury panels in misdemeanor, felony, death; peremptory challenges................. SB 2 TROUP COUNTY; Board of Commissioners; provide for meetings ...................HB 1628 TRUSTS National Guard or reserves; economic relief; create commission on HEROES..............................................................................................................HB 165 Trauma care; trust fund; provisions - CA.............................................................HR 1299 Waste management; nonlapsing trust fund; create - CA ......................................HR 1047 TWIGGS COUNTY Board of education; monthly meetings...................................................................HB 870 County exemption and income limitation; increase .............................................HB 1476 U UNIFORM RULES OF THE ROAD Certain vehicles; penalties for passing; change provisions ..................................HB 1406 Disabled persons; parking permits; provide .........................................................HB 1217 Drivers' licenses; certain provisions; clarify.........................................................HB 1253 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 Law enforcement vehicles; blue lights; repeal requirement; exception ................... SB 64 Mallory's Act; permanently disabled persons; parking permits; amend provisions.............................................................................................................HB 959 Motor vehicle accidents; injuries to motorcyclists; certain serious bodily injuries to persons; penalties..................................................................................HB 82 Motor vehicle; alcoholic beverage; provisions.....................................................HB 1094 Motor vehicles and traffic; habitual violators; amend certain provisions ..............HB 932 Motor vehicles; highway work zones; required signage ........................................HB 160 Motor vehicles; operating while under the influence; comprehensive revision; modernization; reform laws of state ..................................................... SB 502 Refer to numerical index for page numbers INDEX 6455 Motor vehicles; state waters; provide rules for operating ....................................HB 1206 Motor vehicles; use of mobile phone; prohibit person less than 17 years of age....................................................................................................................HB 963 Motorcycles; certain traffic regulations; provisions...............................................HB 141 Motorcycles; protective headgear; exempt certain persons....................................HB 369 Motorcycles; protective headgear; exempt certain persons....................................HB 875 Speed monitoring devices; photographic systems; provisions...............................HB 294 Traffic offenses; persons driving under the influence; fifth or subsequent offense; guilty of a felony.................................................................................... SB 491 Vehicles; noncommercial Class C license; agriculture products; certain penalties; provisions ..........................................................................................HB 1392 Wine; restaurant patrons; resealed partially consumed bottle; authorize.............HB 1436 UNION CITY, CITY OF; redevelopment; authorize ...........................................HB 1545 UPSON COUNTY; nonpartisan elections; chief magistrate ...................................HB 745 URBAN REDEVELOPMENT LAW Moratorium upon the exercise of eminent domain; statement of legislative findings and intent; provide................................................................HB 960 Provide moratorium; exercise power of eminent domain; exceptions ................... SB 391 USED MOTOR VEHICLE DEALERS AND PARTS Motor vehicles; distinguishable transporter license plate; provisions..................HB 1052 Motor vehicles; salvaged or rebuilt; change certain provisions ...........................HB 1564 Used motor vehicle dealers; bond; increase amount ............................................HB 1075 V VERDICT AND JUDGMENT Civil case; complaints and judgments; change provisions ...................................HB 1195 Civil practice; offers of judgment; provide for procedures ....................................HB 574 VETERANS AFFAIRS; DEPARTMENT OF VETERANS SERVICE Ad valorem tax; veterans organizations; historic military aircraft; provide 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 Disabled veterans; homestead exemption; increase .............................................HB 1362 Free license plates; certain disabled veterans; Department of Veterans Services; duties ....................................................................................................HB 439 Refer to numerical index for page numbers 6456 INDEX Georgia War Veterans Nursing Home Trust Fund; license plates; create..............HB 405 Homestead exemption; disabled veterans; increase ...............................................HB 803 Homestead exemption; disabled veterans; surviving spouses who remarry ..........HB 315 Homestead exemption; disabled veterans; surviving spouses; amend .................HB 1076 Hunting and fishing; lifetime licenses for certain veterans ....................................HB 668 Jury duty; spouses/children of deceased military persons; exemption................... SB 376 License plates; disabled veterans; change certain provisions.................................HB 995 License plates; Sons of Confederate Veterans; dedicate certain revenue - CA......................................................................................................HR 1201 License, honorary; veterans; provide for unremarried surviving spouse or child of deceased military persons; conditions.................................................... SB 373 Parks and recreation; discount disabled vets and seniors; provisions ....................HB 971 Retirement; prior military service credit ................................................................HB 253 Special license plates; certain disabled veterans; two free plates...........................HB 796 Special license plates; honor veterans; provisions ...............................................HB 1025 Special license plates; Purple Heart plate for motorcycles ....................................HB 135 Special license plates; Purple Heart; certain inscription ........................................HB 395 Special license plates; Sons of Confederate Soldiers; provisions ........................HB 1205 Special license plates; all veterans of the armed services; provide ......................HB 1214 VETERINARIANS AND VETERINARY TECHNICIANS Veterinarians and veterinary technicians; requirements; amend provisions ..........HB 999 VICTIMS OF CRIME Local victim assistance funds; assessment/collection; amend provisions..............HB 192 Violence Against Women Act; urge Georgia Congressional Delegation to reauthorize ...........................................................................................................HR 391 VITAL RECORDS Baby's Right to Know Act; enact ...............................................................................HB 4 VOCATIONAL, TECHNICAL, AND ADULT EDUCATION Education; nonlapsing revenue of institutions; change certain provisions ..........HB 1294 HOPE scholarships; eligibility; hour limits; amend provisions .............................HB 490 Technical/Adult Education, State Board of; meetings; change provisions ............ SB 436 VOTER REGISTRATION AND VOTING 2006 Georgia Accuracy in Elections Act; permanent paper record of votes; provide for pilot program/electronic voting.............................................. SB 500 Absentee elector; advance voting; amend provisions...........................................HB 1015 Absentee voting; casting of ballot; provisions .....................................................HB 1045 Election superintendent; office to remain open until ballots are counted ................HB 33 Elections and primaries; change form of official primary ballots............................HB 61 Refer to numerical index for page numbers INDEX 6457 Elections; absentee ballots; provisions .................................................................HB 1286 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; certain violations of provisions; prohibit certain activities .....................HB 75 Elections; photographs on voter registration cards; provisions..............................HB 882 Elections; voter 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 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 Voting Rights Act; urge President and Congress to extend ...................................HR 446 Voting Rights Act; urge President and Congress to extend and expand................HR 445 Voting; persons with disabilities; provisions........................................................HB 1435 W WALKER COUNTY; ad valorem taxes; homestead exemption; provide............HB 1616 WALTON COUNTY Walton County Water and Sewerage Authority; reconstitute ................................HB 687 Walton Judicial Circuit; create .............................................................................HB 1255 WARE COUNTY Satilla Regional Water and Sewer Authority; members; provisions....................HB 1651 Board of elections and registration; create ...........................................................HB 1650 WARRANTS Video conferences; arrest warrants issued; probation hearings; provide ...............HB 956 WASHINGTON, CITY OF; corporate limits; change and extend.......................HB 1609 WASTE MANAGEMENT Environmental offenses; littering; revise provisions............................................HB 1320 Georgia Brownfield Rescue, Redevelopment, Community Revitalization, and Environmental Justice Act; enact................................................................HB 1550 Joint Solid Waste Trust Fund Study Committee; create ........................................HR 170 Mercury Switch Removal Act; provide for collection/recovery program; define terms; mercury minimization plans .......................................................... SB 550 Refer to numerical index for page numbers 6458 INDEX Sewage Holding Tank Act; revise ..........................................................................HB 352 Sewerage service; include storm-water runoff; prohibit certain liens....................HB 640 Soil Scientists Licensing Act; regulate practice of soil science ............................... SB 95 Solid waste management; permits; change certain provisions .............................HB 1547 Solid waste management; tire disposal; repeal; change certain provisions..............HB 23 Uniform Environmental Covenants Act; enact ....................................................HB 1353 Waste disposal facilities; certain granting permits; prohibit ................................HB 1486 Waste disposal sites; increase distance from county or city boundaries ................HB 533 Waste management; hazardous waste; change definitions.....................................HB 979 Waste management; nonlapsing trust fund; create - CA ......................................HR 1047 Yard trimming disposal restrictions; certain exemptions; provide.......................HB 1453 WATER, WATER RESOURCES, AND WASTEWATER (Also, see Waters, Ports, and Watercraft) Buffer zones; provide current use assessment for undeveloped land areas............ SB 604 Coastal waters; beaches; sand dunes; permits or variance applications; timely decisions ...................................................................................................HB 401 Counties/municipalities; public water/sewage systems; prohibitions ....................HB 510 Georgia Water Authority; create ..........................................................................HB 1247 Georgia Water Quality Control Act; amend provisions; provide for fees..............HB 550 Ground-water withdrawal; permits; measuring devices; amend provisions ..........HB 746 Joint Comprehensive Water Desalination Study Committee; create ...................HR 1551 Marshlands or water bottoms; leasing; change fee...............................................HB 1123 Metropolitan North Georgia Water Planning District; plumbing; urge local governments ..............................................................................................HR 1286 Natural Resources; river corridors; minimum standards/procedures for protection; change certain provisions .................................................................. SB 510 Public water system; water and waste-water usage among tenants; amend.........HB 1127 Public water systems; individual water meters; provisions....................................HB 889 River Basin Protection Act; enact ............................................................................HB 55 Sales and use tax exemption; water and sewer authorities; provide ....................HB 1204 Water resources; interbasin and intrabasin transfers; change provisions.................HB 53 WATERS, PORTS, AND WATERCRAFT Buffer zones; provide current use assessment for undeveloped land areas............ SB 604 Coastal Georgia Beach Preservation Trust Fund; create - CA .............................HR 1435 Coastal waters; beaches; sand dunes; permits or variance applications; timely decisions ...................................................................................................HB 401 Houseboats; prohibition on certain lakes..............................................................HB 1360 Joint Comprehensive Water Desalination Study Committee; create ...................HR 1551 Motor vehicles; state waters; provide rules for operating ....................................HB 1206 Ports; integrity and security; safeguard ................................................................HR 1610 River Basin Protection Act; enact ............................................................................HB 55 Refer to numerical index for page numbers INDEX 6459 State park lakes; watercraft; change provisions ...................................................HB 1490 Water resources; interbasin and intrabasin transfers; change provisions.................HB 53 WAYCROSS JUDICIAL CIRCUIT Waycross and Alapaha Judicial Circuits; term of court; change..........................HB 1496 WAYNE COUNTY Wayne County Industrial Development Authority; change number of members ........................................................................................................HB 1087 WEAPONS (Also, See Firearms) Abuse of tort law against firearm industry; urge Congress end .............................HR 132 Carrying weapons in school safety zones; prohibition; include parks ...................HB 544 Concealed weapon; transportation of; offense; change provisions ......................HB 1001 Deadly weapons; carrying to public gathering; exception to prohibition ..............HB 193 Firearms; carrying and possession; municipal and city court judges; constables; amend provisions ............................................................................HB 1044 Firearms; carrying deadly weapons; public gatherings; constables; exemptions .........................................................................................................HB 1234 Firearms; Georgia's Self-Defense Act; enact .........................................................HB 998 Firearms; license to carry; prohibition; certain conviction.....................................HB 793 Firearms; unlawful confiscation; provisions ........................................................HB 1439 Handguns; license to carry; certain restrictions on issuance; provide....................HB 952 Hunting; legal weapons; amend provisions............................................................HB 338 Licenses to carry pistol or revolver; temporary renewal permit; provide for restrictions ....................................................................................................HB 1032 Public Safety Training Center facilities; allow retired officers use .......................HB 653 State parks; carrying firearms; amend certain provisions ......................................HB 799 TASER and Electronic Control Weapons Act; enact...........................................HB 1019 WEBSTER COUNTY Magistrate Court; authority of chief magistrate; provisions.................................HB 1642 Preston-Weston-Webster County Charter and Unification Commission; create ..................................................................................................................HB 1298 Probate Court; authority of judge; provisions ......................................................HB 1641 WESTON, CITY OF Preston-Weston-Webster County Charter and Unification Commission; create ..................................................................................................................HB 1298 WHITE COUNTY Magistrate Court; technology fee; authorize ........................................................HB 1503 Probate Court; technology fee; authorize .............................................................HB 1504 Refer to numerical index for page numbers 6460 INDEX WHITFIELD COUNTY Public property; conveyance; 13 counties .............................................................. SR 823 Public property; nonexclusive easements; authorize............................................HR 1259 WILD ANIMALS Animals; amend provisions relating to bird dealers or pet dealers ........................HB 108 Cervids; importation; prohibit ..............................................................................HB 1489 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 Management Act; change certain provisions................................................. SB 201 Deer; closed and open seasons; change certain provisions ..................................HB 1134 Dogs; hunting; change certain provisions ............................................................HB 1424 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; legal weapons; amend provisions............................................................HB 338 Hunting; unlawful use of substances and equipment; change provisions ............HB 1488 Nuisances; agricultural operations; include wildlife habitat and hunting ..............HB 261 Threatened or endangered species; protect; urge .................................................HR 1820 White-tailed deer; confinement of; certain prohibitions.......................................HB 1463 Wildlife; unlawful enticement of; amend provisions ...........................................HB 1285 WILKINSON COUNTY Public property; conveyance; 13 counties .............................................................. SR 823 WILLACOOCHEE, CITY OF; gross receipts tax; authorize .............................HB 1469 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Guardianships and estates; amend certain provisions ..........................................HB 1130 Living will; statutory form; revocation of health care agency; revisions.............HB 1064 Trustee's Compensation schedule of conservators ................................................. SB 534 Wills and trusts; amend Revised Probate Code of 1998 ........................................HB 672 WINDER, CITY OF; corporate limits; change.....................................................HB 1610 WINE Georgia's licensed vineyards and wineries; wines; urge restaurants to list..........HR 1175 Winegrowers Association of Georgia; fine wines; urge restaurants to list ..........HR 1052 Refer to numerical index for page numbers INDEX 6461 WITNESSES Depositions; persons who are not legal U.S. residents; provisions........................HB 986 Examination of witnesses; permit jurors to question; certain provisions.............HB 1235 Eyewitness identification accuracy; procedure for enhancing; provide...............HB 1256 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 Preservation of evidence; nationals of foreign states; not lawfully admitted for permanent resident of U.S............................................................... SB 408 WOODSTOCK, CITY OF Councilmembers; power of eminent domain; provisions.....................................HB 1432 Woodstock Area Convention and Visitors Bureau Authority; create ..................HB 1631 WORKERS COMPENSATION House Study Committee on Workers' Compensation Employer Fraud; create ..................................................................................................................HR 2003 Workers' compensation; certain requirements; provide .......................................HB 1240 Workers' compensation; exclusion for employers; maritime employment; provisions...........................................................................................................HB 1467 Workers' compensation; fee schedule; promulgation of standards; require.........HB 1509 Worker's compensation; on call but off duty employee; injury not compensable.........................................................................................................HB 694 Workers' compensation; time frame for claim to be documented; require ..........HB 1405 Z ZONING; PROCEDURES Local government zoning decisions; effects on local school systems .....................HB 42 Rezoning; building permits; moratorium; provide for hearings...........................HB 1595 Refer to numerical index for page numbers PART II HOUSE BILLS 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 .................................................. No Action HB 6-- Misdemeanor traffic offenses; fines to be paid into state treasury.............................................................................................. No Action HB 7-- Ethics in government; amend provisions..................................... Prefiled Only HB 8-- Fraud, waste, abuse in state operations; whistleblower; prohibit retaliation............................................................................. No Action HB 9-- Campaign contributions; political parties; maximum allowable limits............................................................................ Prefiled Only HB 11-- Sales tax exemption; certain prescribed medical equipment..................................................................................... Prefiled Only HB 12-- Taxable net income; certain business relocations; exclude attributable income .............................................................. No Action HB 13-- Aggravated sodomy; change age limitation; provide for imposition of death penalty............................................................... No Action HB 14-- Local boards of education; adopt code of ethics ......................... Prefiled Only HB 15-- State flag; change design; advisory referendum............................... No Action HB 16-- Public roads; allocation of state and federal funds; change provisions ............................................................................. No Action HB 18-- Seat belts; passenger vehicles; eliminate certain exceptions .................................................................................................... 187 HB 19-- Controlled substances; pseudoephedrine sales; requirements, limitations, and restrictions........................................ No Action HB 21-- Income tax credit; certain purchased or leased hybrid vehicles ............................................................................................. No Action HB 23-- Solid waste management; tire disposal; repeal and change certain provisions.................................................................. No Action HB 24-- Income tax; corporations; gradual reduction; abolishment....................................................................................... No Action HB 28-- Teachers Retirement; certain teachers and employees; eligibility; repeal provision............................................................... No Action HB 29-- Law enforcement officers and agencies; electroshock devices; prohibit use ......................................................................... No Action 6464 INDEX HB 30-- Law enforcement officers stopping motorists; prohibit race considerations............................................................................ No Action HB 31-- Public school employees; adverse personnel actions; right of representation.................................................................. Prefiled Only HB 32-- County school superintendents; employment contract; publication ........................................................................................ No Action HB 33-- Election superintendent; office to remain open until ballots are counted ............................................................................ No Action HB 34-- Children's Vision Improvement and Learning Readiness Act of 2005; enact............................................................................. No Action HB 35-- Community Service Board Overview Commission; create ................................................................................................. No Action HB 38-- Tax executions and judicial sales; prohibit certain sales; exceptions ......................................................................................... No Action HB 39-- Council on Affordable Housing; create............................................ No Action HB 40-- Property sold for taxes; redemption provisions ................................ No Action HB 41-- Quality Basic Education Program; change certain provisions.......................................................................................... No Action HB 42-- Local government zoning decisions; effects on local school systems .................................................................................. No Action HB 43-- Health insurance; treatment of morbid obesity; require coverage ............................................................................................ No Action HB 44-- Divorce; distribution of marital property; amend provisions.......................................................................................... No Action HB 45-- Controlled substances; products used in preparation of methamphetamine; regulate sales ..................................................... No Action HB 46-- Maximum allowable campaign contributions; limitations; clarify provisions ........................................................... No Action HB 47-- Ethics in government; amend provisions.......................................... No Action HB 49-- Corrections; incarceration costs; certain inmates to reimburse state; provisions ............................................................... No Action HB 51-- Senior Protection Advisory Council; create ..................................... No Action HB 52-- Labor relations; employee leave for certain judicial proceedings ....................................................................................... No Action HB 53-- Water resources; interbasin and intrabasin transfers; change certain provisions.................................................................. No Action HB 55-- River Basin Protection Act; enact..................................................... No Action HB 56-- Medical malpractice; amend Official Code of Georgia Annotated Titles 9, 24, 31, and 51.................................................... No Action HB 57-- State ordered executions; protect physicians and medical professionals licensure ............................................... 401, 1326, 5059 INDEX 6465 HB 60-- Probation/Parole Community Based Supervision, Department of; create........................................................................ No Action HB 61-- Elections and primaries; change form of official primary ballots .................................................................................. No Action HB 62-- County offices; nonpartisan elections; General Assembly provide by local law......................................................... No Action HB 63-- County officers; nonpartisan elections ............................................. No Action HB 64-- Probation; confinement in probation or detention centers; certain violators ................................................................... No Action HB 65-- Corrections; create division of probation/parole community-based supervision .......................................................... No Action HB 66-- Elections; candidate qualification challenges; amend provisions.......................................................................................... No Action HB 69-- Multidisciplinary Center for Affordable Housing; create within University System ................................................................. No Action HB 70-- Georgia Hospital Insurance Authority; enact ................................... No Action HB 71-- Hospital acquisitions; certain definition; amend .............................. No Action HB 72-- Georgia Hospital Insurance Authority Act; enact ............................ No Action HB 73-- Physicians; state health insurance plans; require Medicaid participation ...................................................................... No Action HB 74-- Indigent and elderly; certain hospitals; provider fees....................... No Action HB 75-- Elections; certain violations of provisions; prohibit certain activities ................................................................................ No Action HB 76-- Sales tax situs; state resident; county of residence ........................... No Action HB 77-- Local juvenile diversion programs; programs approved by court; fine surcharge .................................................................... No Action HB 78-- Pit bull dogs; define terms; prohibit possession; exceptions ......................................................................................... No Action HB 79-- Local juvenile diversion programs; programs approved by court; fine surcharges................................................................... No Action HB 80-- Crimes; impersonating veteran or active duty member; define offense.................................................................................... No Action HB 81-- Homestead exemption; unremarried spouse of peace officer or firefighter killed in duty; provisions ..................... 3566, 3681, 3785, 4495, 4527, 4646, 4745 HB 82-- Motor vehicle accidents; injuries to motorcyclists; certain serious bodily injuries to persons; penalties ......................... No Action HB 83-- Small Business Employee Choice of Benefits Health Insurance Plan Act; enact ................................................................. No Action HB 86-- Supplemental appropriations; FY 2004-2005................................... No Action HB 87-- General appropriations; FY 2005-2006 ............................................ No Action 6466 INDEX HB 89-- Elections; withdrawal of candidates; amend provisions................... No Action HB 90-- Cable service providers; certificates of authority; Public Service Commission issue and regulate ........................................... No Action HB 91-- State and local government purchasing contracts; preference for Georgia products and vendors................................... No Action HB 92-- Speed detection devices; certain visibility provisions; repeal................................................................................................. No Action HB 93-- Crimes; make abortion unlawful ...................................................... No Action HB 94-- Employment; discharge because of absenteeism; amend provisions.......................................................................................... No Action HB 96-- Nuisances; county and municipal abatement powers; unfit buildings ................................................................................... No Action HB 100-- Charter schools; funding; revise and clarify certain provisions.......................................................................................... No Action HB 101-- Peace Officers' Annuity and Benefit Fund; certain creditable service; accept provisional applications .................. 198, 277, 5101, 5262 HB 102-- Public Financing for Appellate Judicial Campaign Fund Act; enact .......................................................................................... No Action HB 103-- Tax sales; notice period; amount payable for redemption ........................................................................................ No Action HB 104-- Employees' Retirement; certain temporary full-time service; credit.................................................................................... No Action HB 105-- Education; certain textbooks; provide electronic format versions ............................................................................................. No Action HB 107-- Wild animals; licenses and permits; amend lists .............................. No Action HB 108-- Animals; amend provisions relating to bird dealers or pet dealers ......................................................................................... No Action HB 109-- State agencies; impounded property; notification of owner ................................................................................................ No Action HB 110-- Tax executions; deed or bill of sale; purchaser information........................................................................................ No Action HB 111-- Sales and use tax; definition of dealer; change..................... 2075, 3121, 4557, 4681 HB 112-- Income tax; change certain definitions ............................................. No Action HB 113-- Estate tax; change certain definitions ............................................... No Action HB 114-- Motor fuel tax; change certain definitions........................................ No Action HB 115-- Excise tax; motor vehicle rentals; change definitions ...................... No Action HB 117-- Taxation of intangibles; real estate transfer tax; amend certain provisions.............................................................................. No Action HB 118-- Tax executions; amend provisions regarding issuance..................... No Action INDEX 6467 HB 119-- Motor vehicles; tags; fees and classes; change definitions ......................................................................................... No Action HB 120-- Excise tax; hotels and motels; change certain definitions ................ No Action HB 121-- Tax sales; amend procedures under levies and executions ......................................................................................... No Action HB 122-- Revenue and taxation; change certain provisions regarding definitions ......................................................................... No Action HB 123-- Coin operated amusement machines; change certain provisions.......................................................................................... No Action HB 124-- Excise tax; cigars and cigarettes; change definitions ...................... No Action HB 125-- Teachers Retirement; employee contribution; change amount .............................................................................................. No Action HB 126-- Teachers Retirement; 5 years' service; vested benefit ...................... No Action HB 127-- Teachers Retirement; increase retirement allowance multiplier........................................................................................... No Action HB 128-- Revenue, Department of; amend provisions..................................... No Action HB 129-- Teachers Retirement; creditable service; 29 years ........................... No Action HB 130-- Georgia Street Gang Terrorism and Prevention Act; amend provisions .............................................................................. No Action HB 131-- Teachers Retirement; early retirement; eliminate penalty............................................................................................... No Action HB 132-- Employees' Retirement; certain law enforcement officers; amend provisions................................................................ No Action HB 133-- Georgia Long-Term Care Partnership Program Act; enact .................................................................................................. No Action HB 134-- Flint Judicial Circuit; add judge ....................................................... No Action HB 135-- Motorcycles; Purple Heart license plates ......................................... No Action HB 136-- Excise tax; rental motor vehicles; gradual elimination .................... No Action HB 137-- Georgia Transportation Infrastructure Bank Act; enact ................... No Action HB 138-- Nonprofit Contractor Oversight Panel; establish.............................. No Action HB 139-- License plates; Medal of Honor winners; surviving spouse................................................................................................ No Action HB 140-- Sexual offender registry; sexually violent offense; redefine ............................................................................................. No Action HB 141-- Motorcycles; certain traffic regulations; provisions ......................... No Action HB 142-- Child support; mentally or physically disabled child beyond age of majority ..................................................................... No Action HB 145-- Public officers and employees; certain promotions and campaign activities; prohibit............................................................. No Action HB 147-- Chiropractors; board of examiners; additional authority.................. No Action HB 148-- 911 telephone charges; billing, collection, and use; provisions.......................................................................................... No Action 6468 INDEX HB 149-- Garnishment; exempt certain individual retirement accounts ..................................................................................................... 3563 HB 150-- Law school graduates; state bar exam; Supreme Court powers............................................................................................... No Action HB 152-- Enhanced redevelopment powers; definitions and provisions.......................................................................................... No Action HB 153-- Voluntary Contributions Act; enact.................................................. No Action HB 154-- Special license plates; police officers wounded in line of duty ............................................................................................... No Action HB 156-- Women's Informed Consent Protection Act; enact........................... No Action HB 157-- Tax executions; prohibit sales .......................................................... No Action HB 158-- Education; certain historical documents; prohibit restriction .......................................................................................... No Action HB 159-- Speed detection devices; certain highways and bridges; prohibit use ....................................................................................... No Action HB 160-- Motor vehicles; highway work zones; required signage .................. No Action HB 161-- Drivers' licenses; social security number; prohibit use ............................... 187 HB 162-- Telephone service; unsolicited commercial facsimile messages ........................................................................................... No Action HB 163-- Postsecondary education; grants to certain members of National Guard; provisions............................................................... No Action HB 164-- National Guard; certain active duty members; life insurance ........................................................................................... No Action HB 165-- National Guard or reserves; economic relief; create commission on HEROES ................................................................. No Action HB 167-- Income tax; military income exclusion; amend................................ No Action HB 168-- Legislative and congressional reapportionment; specify requirements...................................................................................... No Action HB 169-- Aggravated child molestation; prosecution; amend time limitation........................................................................................... No Action HB 171-- Sexual offender registry; pardon or parole; registration verification ........................................................................................ No Action HB 173-- Ad valorem tax; veterans organizations; historic military aircraft; exemption .................................................. 3603, 3684, 3784, 4445, 4526, 5633, 6171 HB 174-- 911 emergency service; billing charges; amend............................... No Action HB 175-- Controlled substances; punishment for certain offenses; amend................................................................................................ No Action HB 176-- Traffic violations bureau; imposition of penalties............................ No Action HB 177-- Governmental agencies; prohibit employment of persons illegally in country............................................................... No Action INDEX 6469 HB 179-- Education; evolution theory; teaching of factual scientific evidence............................................................................. No Action HB 181-- Juvenile court; superior court transferring certain cases; amend provisions .............................................................................. No Action HB 182-- Cost-of-Living Tax Fairness Act; enact ........................................... No Action HB 184-- Residential and General Contractors State Licensing Board; membership.......................................................................... 5164, 5327 HB 185-- Property owners' associations; open meetings; exception........................................................................................... No Action HB 187-- Obstructing placement of emergency phone calls; redefine offense................................................................................. No Action HB 189-- County and municipal insurance taxes; certain early distribution; provisions ..................................................................... No Action HB 190-- State Accounting Office; create........................................................ No Action HB 192-- Local victim assistance funds; assessment and collection; amend provisions ............................................................ No Action HB 193-- Deadly weapons; carrying to public gathering; exception to prohibition .................................................................... No Action HB 194-- Income tax credit; teleworking for limited period of time ....................................................................................... 4557, 4643, 4689, 4714, 4764, 5601, 6129 HB 198-- Health Care Bond Authority Act; enact............................................ No Action HB 202-- Sales tax exemption; granite; quarrying and manufacturing materials ................................................................... No Action HB 204-- Cherokee Judicial Circuit; add new judge ........................................ No Action HB 205-- Special license plates; Georgia Center for the Book ........................ No Action HB 206-- Assisted living facilities; Levels I and II; provisions ....................... No Action HB 208-- Income tax; exclude certain severance pay ...................................... No Action HB 209-- Sales tax exemption; energy for production of manufactured goods.......................................................................... No Action HB 213-- Public school employees; disciplinary meeting; employee rights................................................................................. No Action HB 214-- Crimes; theft by conversion of health care benefits; define offense.................................................................................... No Action HB 215-- Local boards of education; adopt code of ethics; criminal records check ...................................................................... No Action HB 218-- Public records; economic development; exemption and disclosure of certain records ............................................................. No Action HB 219-- Elections; absentee voting; certain campaign activities; restrictions......................................................................................... No Action 6470 INDEX HB 220-- Local government contracts; optional bidding preference; local businesses.............................................................. No Action HB 223-- American Indian tribes; recognize Georgia Kokeneshv Natchez Nation ................................................................................. No Action HB 224-- Divorce; additional filing fee for Children's Trust Fund .................. No Action HB 225-- Driver's license centers; priority of service; requirements...................................................................................... No Action HB 226-- Tax executions; regulate transfers; prohibit certain sales................. No Action HB 227-- Sales tax exemption; food and beverage; repeal; adjustment trust fund; create............................................................. No Action HB 228-- American Indian tribes; Georgia Tribe of Eastern Cherokee; delete address .................................................................. No Action HB 229-- Elections; absentee elector; extend time for advanced voting ................................................................................................ No Action HB 230-- "Time for Schools Act"; enact ................................................................... 2863 HB 231-- Torts; joint tort-feasors; award and apportionment of damages ............................................................................................ No Action HB 232-- Dublin Judicial Circuit; add judge.................................................... No Action HB 233-- Torts; emergency medical care; liability claims; amend provisions.......................................................................................... No Action HB 234-- Judicial proceedings; professional malpractice cases; use of experts .................................................................................... No Action HB 235-- Civil practice and torts; health care liability claims; noneconomic damages...................................................................... No Action HB 237-- Hospitals; liability for acts of health care providers; requirements...................................................................................... No Action HB 238-- Civil practice; venue; actions against joint defendants .................... No Action HB 239-- Tort claims; settlement offers; change provisions ................ 1696, 2894, 4670, 5056, 6127 HB 241-- Sheriffs; nonpartisan elections.......................................................... No Action HB 242-- Traffic control; signal monitoring devices; annual reports ............................................................................................... No Action HB 243-- Feticide; redefine manslaughter, assault, battery; define unborn child ............................................................................................... 2072 HB 245-- Phone cards; disclose terms at time of purchase; provisions.......................................................................................... No Action HB 246-- Prescription drug orders; distribution and electronic transmission; amend provisions................................................ 757, 873, 1358, 1507, 1837, 2089 HB 247-- Centerville, City of; corporate limits ................................................ No Action HB 248-- Murder; certain offender not sentenced to death; life without parole ................................................................................... No Action INDEX 6471 HB 249-- Animal shelters; sterilization of cats and dogs; penalty for noncompliance ............................................................................ No Action HB 250-- Local boards of education; training members; amend certain provisions......................................................................................... 723 HB 251-- Judges of the Probate Courts Retirement Fund; designating surviving beneficiary............................................... 50, 123, 3627, 3678 HB 252-- High school students; failure to pass graduation test; certain eligibility ............................................................................... No Action HB 253-- Retirement; prior military service credit........................................... No Action HB 255-- Ad valorem tax; motor vehicles and mobile homes; registration provisions....................................................................... No Action HB 256-- Drivers' licenses; Class D permit holders; limitations...................... No Action HB 257-- Seat safety belts; failure to wear; increase fine ................................ No Action HB 258-- Drivers' licenses; minors; revocation of permits and licenses; procedure............................................................................ No Action HB 260-- Campaign contributions; electronically filed disclosure reports; amend certain provision ...................................................... No Action HB 261-- Nuisances; agricultural operations; include wildlife habitat and hunting............................................................................ No Action HB 265-- Intangible tax; property in more than one county; prorated payment ....................................................................................... 2072 HB 267-- Private property; trespass towing; certain time period ..................... No Action HB 268-- District attorneys, assistant district attorneys, district attorney investigators; compensation .............................................. 4670, 4960 HB 269-- Public schools; capital outlay funds; amend provisions................... No Action HB 270-- Certificate of need; home health or infusion agency; pharmacists; exemption .................................................................... No Action HB 274-- Torts; medical malpractice insurance rates; certain financial limits; provisions................................................................ No Action HB 276-- Motor vehicles; licensing of ignition interlock device providers .................................................................................. 821, 1655, 4708 HB 277-- Drivers' licenses; driver training schools; on-road test requirement ....................................................................................... No Action HB 278-- Controlled substances; motor vehicles; prohibit false compartments.................................................................................... No Action HB 280-- Education; health and physical education courses; requirement ....................................................................................... No Action HB 285-- Local boards of education; establish start date of school year.................................................................................................... No Action HB 286-- Driving under the influence; persons legally entitled to use intoxicating substances; delete provisions ................................. No Action 6472 INDEX HB 287-- Legitimacy petition; father may establish paternity of child .................................................................................................. No Action HB 288-- Orthotics and prosthetics practice; amend certain provisions.......................................................................................... No Action HB 290-- Health insurance; major medical policies; carry-over deductible.......................................................................................... No Action HB 294-- Speed monitoring devices; photographic systems; provisions................................................................................................... 5197 HB 296-- Family Court Division; Superior Court of Fulton County; pilot project ......................................................................... No Action HB 297-- Superior courts; family court division; authorize creation.............................................................................................. No Action HB 299-- HOPE scholarships; definitions; quarter or semester hour limitation................................................................................... No Action HB 300-- Tuition equalization grants; proprietary institutions ineligible ........................................................................................... No Action HB 303-- Cellular telephone service; certain requirements; provisions.......................................................................................... No Action HB 304-- Local governments; regulatory fees; sale of certain lawful products; provisions................................................... 1859, 3393, 4716, 4953, 5166, 5168, 5196, 5612, 6126 HB 305-- Nonpartisan elections; certain county offices; provisions.......................................................................................... No Action HB 308-- Special license plates; Children's Healthcare of Atlanta .................. No Action HB 310-- Georgia Telemedicine Act; enact ..................................................... No Action HB 311-- Employees' Retirement; certain employees of county correctional facilities; provisions...................................................... No Action HB 313-- Teachers Retirement; credit for prior service ................................... No Action HB 314-- Teachers Retirement; postretirement benefit increases; prior service credit ............................................................................ No Action HB 315-- Homestead exemption; disabled veterans; surviving spouses who remarry ........................................................................ No Action HB 316-- Assistant public defender; provide for each juvenile division.............................................................................................. No Action HB 317-- Hospitals; care for nonresident indigents; reimbursement procedures................................................................ No Action HB 318-- Ticket brokers; amend regulating provisions ................................... No Action HB 322-- Motor vehicles; use of mobile phone; prohibit certain drivers ............................................................................................... No Action HB 323-- Sheriffs; engaging in certain businesses; violation of oath.................................................................................................... No Action INDEX 6473 HB 324-- Radar; operation by certain full-time peace officers only ................ No Action HB 325-- Juvenile court; jurisdiction; transferring cases from Superior Court................................................................................... No Action HB 326-- GBI; investigate death of any person confined in penal institution .......................................................................................... No Action HB 328-- Game and fish; amend provisions relating to crabs.......................... No Action HB 329-- Torts; medical negligence; limit noneconomic damages ................. No Action HB 330-- Insurance; consumer protection; establish task force ....................... No Action HB 331-- Prescription drugs; outpatient; pharmacy reimbursement .................................................................................. No Action HB 333-- Juvenile proceedings; disposition of deprived child; reunification efforts; child placement............................................... No Action HB 334-- Juvenile courts; salary supplements; amend provisions ............................ 5592 HB 335-- Juvenile proceedings; court supervision fees; amend certain provisions.............................................................................. No Action HB 336-- Employees' Retirement and Judicial Retirement; certain membership; creditable service ........................................................ No Action HB 337-- Vending facilities on state property; blind vendors; revise and add definitions ................................................................. No Action HB 338-- Hunting; legal weapons; amend provisions............................ 687, 3401, 4772, 4950 HB 339-- Torts; limit medical damages; liability of facilities; provisions.......................................................................................... No Action HB 342-- Special license plates; Benevolent and Protective Order of Elks ............................................................................................... No Action HB 343-- Valdosta State University's Peach State Summer Theatre; designate official musical theatre ............................. 735, 1611, 5113, 5300, 5338, 6240 HB 344-- Firefighters' Pension Fund; requirements for creditable service; provisions ....................................................................... 50, 173, 5112 HB 345-- Game and fish; hunting within vicinity of bait feeds on private land ....................................................................................... No Action HB 346-- Lottery for education; method of payment for tickets ...................... No Action HB 348-- Peace Officers' Annuity and Benefit Fund; amend provisions.......................................................................................... No Action HB 349-- Sheriffs; suspension; maximum time and extension ........................ No Action HB 350-- Physician's assistants; service to indigent patients; costs ................. No Action HB 351-- Sales tax; retailer selling service; imposition and collection........................................................................................... No Action HB 352-- Sewage Holding Tank Act; revise .................................................... No Action HB 354-- Public retirement systems; investment; limitation; current market value ......................................................................... No Action 6474 INDEX HB 357-- Class Nine Fire Department Pension Fund; increase maximum monthly retirement benefit ................................................... 50, 168 HB 358-- Department of Community Health; contract with care management; drug rebates; require refund ....................................... No Action HB 359-- Elections; voter to view all sections of proposed constitutional amendment ................................................................. No Action HB 361-- State Public Transportation Fund; limits on collections and expenditures ............................................................................... No Action HB 362-- Employees' Retirement; certain groups included ............................. No Action HB 363-- Motor vehicles; state vehicles; license plates; requirements............................................................................. 821, 1556, 3798 HB 365-- Truth in Representation Act of 2005; enact...................................... No Action HB 368-- Tax executions; property; prohibit sale to county tax commissioners .................................................................................. No Action HB 369-- Motorcycles; protective headgear; exempt certain persons .............................................................................................. No Action HB 370-- Ad valorem tax; certain charitable institutions; exemption.......................................................................................... No Action HB 375-- Prepaid legal services plans; amend provisions................................ No Action HB 376-- Juries; exemption; caregivers of certain children .................... 820, 1460, 4484 HB 377-- Chiropractors; revoke license or discipline licensee; additional grounds............................................................................. No Action HB 379-- Employees' Retirement; disability benefits; eligibility provisions.............................................................................. 1858, 3168, 4671, 4937 HB 380-- McIntosh County; chief magistrate; nonpartisan elections ............................................................................................ No Action HB 383-- State Health Benefit Plan; certain vested judges and district attorneys; continue coverage ................................................ No Action HB 385-- State Board of Cosmetology; terminate; repeal Chapter 10 of Title 43..................................................................................... No Action HB 386-- Conspiracy to commit a crime; change certain penalties ................. No Action HB 387-- Criminal attempt; change certain penalties....................................... No Action HB 388-- Optional employee benefit plans; certain governmental entities; administrative fees .............................................................. No Action HB 391-- Retirement; circuit public defender; select Employees' or Judicial Retirement System ....................................................................... 50 HB 393-- Income tax credits; telecommuting; employers convert certain work force ............................................................................. No Action HB 395-- Special license plates; Purple Heart; certain inscription .................. No Action HB 398-- Criminal solicitation; crime punishable by death or life imprisonment; penalty ...................................................................... No Action INDEX 6475 HB 399-- Public School Employees Retirement; retire at 60 years of age or 30 years of service ............................................................. No Action HB 400-- Teachers Retirement; postretirement benefit increase; provisions................................................................................... 198, 751, 3563 HB 401-- Coastal waters, beaches, and sand dunes; permits or variance applications; timely decisions ............................................ No Action HB 402-- Special license plates; emergency medical services personnel........................................................................................... No Action HB 403-- Clerks of superior court and coroners; qualifying; nonpartisan election .......................................................................... No Action HB 405-- Georgia War Veterans Nursing Home Trust Fund; special license plates; create ............................................................. No Action HB 417-- Hospital Infections Disclosure Act; enact ........................................ No Action HB 419-- Misdemeanor traffic offenses; fines to be paid into state treasury.............................................................................................. No Action HB 421-- Student violence against teacher; remain in class at discretion of teacher.......................................................................... No Action HB 422-- Dealers in agricultural products; surety bond requirements; amend......................................................................... No Action HB 423-- Graduation test; students failing science portion; certain eligibility........................................................................................... No Action HB 424-- Bianca Walton Anti-Bullying Act; enact.......................................... No Action HB 425-- Insurers; permit food and refreshments under certain circumstances................................................................................... 3719, 3762 HB 426-- Georgia Smokefree Air Act of 2005; enact ...................................... No Action HB 427-- Insurance; private passenger motor vehicles; certain state-wide rates and regulations........................................................ No Action HB 429-- Setoff debt collection; claimant agencies; include public housing authorities................................................................ 2075, 3286, 5541, 6051 HB 430-- "Karon's Law"; enact ........................................................................ No Action HB 432-- Work release programs; felony sentences; provisions...................... No Action HB 433-- Nonpartisan elections; include certain county officers..................... No Action HB 434-- Employees' Retirement; temporary full-time or parttime; additional creditable service .................................................... No Action HB 435-- Sales tax exemption; professional hunting guide services.............................................................................................. No Action HB 436-- Environmental Facilities Authority; rename; amend provisions.......................................................................................... No Action HB 439-- Free license plates; certain disabled veterans; Department of Veterans Services; duties.......................................... No Action 6476 INDEX HB 441-- Hunting and fishing; honorary licenses for disabled persons; certification......................................................................... No Action HB 443-- Insurance; insurable interest in life of insured.................................. No Action HB 445-- Tax sales; disposition of excess proceeds; amend certain provision ............................................................................... No Action HB 446-- Tax sales; excess proceeds; redemption period; amend provisions.......................................................................................... No Action HB 447-- Tax executions; certain transfers; required notice; amend provisions .............................................................................. No Action HB 448-- Tax executions; issuance and transfer; amend provisions.......................................................................................... No Action HB 451-- Nonprofit youth development organizations; licensing; exemptions ........................................................................................ No Action HB 453-- Clerks of courts; documents and records; create and maintain digital copies ...................................................................... No Action HB 462-- Local boards of education; health benefit plan; certain members............................................................................................ No Action HB 463-- Employees' Retirement; group term life; define............................... No Action HB 464-- Teachers Retirement; prior service; define....................................... No Action HB 465-- Loitering on school premises; failure to leave when requested; penalty ...................................................................... 209, 721, 1498 HB 467-- Food service establishments; Department of Human Resources establish grading sheet .................................................... No Action HB 468-- Income tax credit; businesses adding employees; computation ...................................................................................... No Action HB 469-- Local development authorities; authorize per diem.......................... No Action HB 471-- Drivers' licenses; anatomical gifts; wording of notation affixed to license............................................................................... No Action HB 472-- Executive branch; privatization contracts; requirements.................. No Action HB 473-- Probation; first offenders; amend provisions.................................... No Action HB 474-- Judicial Retirement; include secretaries of superior court judges....................................................................................... No Action HB 475-- Superior court clerk; serve in state, magistrate, and juvenile court of county .................................................................... No Action HB 476-- Superior Court Clerks' Retirement; amend provisions .......................... 50, 406 HB 477-- Counties housing state inmates awaiting transfer; reimbursement rate ........................................................................... No Action HB 478-- Motor vehicles; registration and licensing; government owned vehicles; remove certain requirement ................................... No Action HB 479-- Employees' Retirement; assistant district attorney or public defender; certain creditable service ....................................... No Action INDEX 6477 HB 480-- Judicial Retirement; creditable service; prior service in Employees' Retirement ..................................................................... No Action HB 482-- Large retirement systems; certain investments; certain percentage; requirements .................................................................. No Action HB 483-- Teachers Retirement; credit for prior service .................................. 1698, 3087 HB 484-- Hunting deer with dogs; certain private land; license; provide .............................................................................................. No Action HB 486-- Judicial Retirement; creditable service for certain prior service; transfer contributions........................................................... No Action HB 489-- Gwinnett Judicial Circuit; add judge ................................................ No Action HB 490-- HOPE scholarships; eligibility; hour limits; amend provisions.......................................................................................... No Action HB 491-- Towns County; board of commissioners; reconstitute .......... 1858, 1860, 3524 HB 493-- Special county 1 percent sales tax; amend provisions...................... No Action HB 494-- Notaries public; additional qualifications; applications; amend provisions ................................................................................. 175, 244 HB 497-- Student health; body mass index in report cards; provisions.......................................................................................... No Action HB 498-- Mortgage loan officers; definitions and provisions .......................... No Action HB 500-- Guardians of adults; amend provisions; public guardians; definitions........................................................................ No Action HB 503-- Hunting deer with dogs; open seasons; amend certain provisions.......................................................................................... No Action HB 504-- Special license plates; Georgia Automobile Racing Hall of Fame Association ......................................................................... No Action HB 506-- Special license plates; promoting the arts in Georgia....................... No Action HB 508-- Coroners and deputy coroners; compensation; provisions................................................................................................... 3065 HB 510-- Counties and municipalities; public water and sewage systems; prohibitions; exceptions .............................................................. 2007 HB 513-- Drivers' licenses; certain records; furnish to Georgia Bureau of Investigation........................................................... 821, 1601, 4674, 4963 HB 514-- Court reports; rules and decision compilations; provisions.......................................................................................... No Action HB 515-- Optometrists; prescribe oral and topical pharmaceuticals ................................................................................ No Action HB 516-- Ad valorem tax; county tax digest; assessed valuations................... No Action HB 517-- DeKalb County Commission; allow individuals to speak on issues.................................................................................. No Action HB 518-- All-terrain vehicles; certain registration, titling, and operation; provisions......................................................................... No Action 6478 INDEX HB 519-- Outdoor advertising; certain adult entertainment; prohibit signs..................................................................................... No Action HB 523-- Rail Passenger Authority; commuter rail project; requirements for expenditures .......................................................... No Action HB 524-- Health insurance funds; teachers and school employees; combine with other funds ................................................................. No Action HB 525-- Highway Authority; one-time transfer of trust funds ....................... No Action HB 527-- Tax commissioners and tax collectors; tax sales proceeds; ex officio sheriffs.............................................................. No Action HB 528-- Georgia Election Code; extensive revisions ..................................... No Action HB 529-- Public retirement; members convicted of certain crimes; forfeit benefits................................................................................... No Action HB 531-- Council of Municipal Court Judges of Georgia; membership provisions ..................................................................... No Action HB 532-- Brooks County; nonpartisan elections ....................................................... 2879 HB 533-- Waste disposal sites; increase distance from county or city boundaries.................................................................................. No Action HB 534-- Georgia Firefighters' Pension Fund; amend certain provisions.......................................................................................... No Action HB 535-- Judicial accounting; penalties for failure to remit funds; repeal.................................................................................................. 662, 1367 HB 536-- Income tax credits; certain counties; wireless telecommunications carrier............................................................... No Action HB 537-- Employees' Retirement; certain General Assembly membership; repeal provisions ......................................................... No Action HB 540-- Superior Court Clerk's Retirement Fund; membership dues; provisions ................................................................................ No Action HB 541-- Sales tax; exemptions for sales by child services agencies; clarify ................................................................................ No Action HB 542-- Drivers' licenses; driver improvement clinics; provisions.......................................................................................... No Action HB 543-- Education; local boards; allow certain donations of sick leave ................................................................................................. 3603, 3687 HB 544-- Carrying weapons in school safety zones; prohibition; include parks ..................................................................................... No Action HB 545-- Teachers Retirement; reemployment of retired teachers .................. No Action HB 546-- Chiropractors; change code references; chiropractic physicians.......................................................................................... No Action HB 547-- Impact fees; single family construction; provide maximum ......................................................................................... 2070, 3210 HB 548-- State funded health care; applicants submit employment data; provisions ................................................................................. No Action INDEX 6479 HB 549-- Special license plates; Alzheimer's Association, Georgia Chapter................................................................................ No Action HB 550-- Georgia Water Quality Control Act; change certain provisions; provide for fees .............................................................. No Action HB 551-- Georgia Economic Development and Fiscal Accountability Act; enact ................................................................. No Action HB 552-- Motor vehicles; issue permit for certain lights, sirens, and markings to private vehicles ............................................................... 1665 HB 554-- Teachers Retirement; prior service credit; Regents Retirement.................................................................................................... 688 HB 555-- Legislative Retirement; member's salary and per diem.................... No Action HB 560-- Ad valorem tax; county tax assessors; property valuation appeal; change certain provision................................ 724, 831, 3598 HB 561-- Probate courts; additional civil filing fee; clarify ............................. No Action HB 562-- Public Service Commission; regulatory assessments; amend provisions .............................................................................. No Action HB 563-- Alcoholic beverages; furnishing to underage persons; redefine offense................................................................................. No Action HB 564-- Alcoholic beverages; prohibit purchasing; persons under 21 ............................................................................................ No Action HB 565-- Alcoholic beverages; prohibit consumption; persons under 21 ............................................................................................ No Action HB 566-- Family planning services; medical referral; requirements...................................................................................... No Action HB 567-- Employees' Retirement; law enforcement personnel; benefits.............................................................................................. No Action HB 568-- Teachers Retirement; credit for service in underperforming school.................................................................... No Action HB 569-- Driver training schools; operated on private property; provide exception.............................................................................. No Action HB 571-- Medical malpractice; procedures relating to actions ........................ No Action HB 572-- Evidence; expert witnesses; qualifications ....................................... No Action HB 573-- Civil Practice; venue; actions against joint defendants .................... No Action HB 574-- Civil Practice; offers of judgment; provide for procedures......................................................................................... No Action HB 575-- Medical malpractice; health information; disclosure ....................... No Action HB 576-- Ungraded milk, raw whole milk, and condensed or evaporated milk; definitions, standards, and requirements...................................................................................... No Action HB 578-- Employees' Retirement; State Patrol; retire at 55 years or 25 years of service ........................................................................ No Action 6480 INDEX HB 580-- Electronic recording voting systems; permanent paper records; provisions............................................................................ No Action HB 584-- Georgia Driver's Education Commission; create; Joshua's Law ..................................................................................... No Action HB 582-- Employees' Retirement; temporary full-time service; obtain creditable service .................................................................. 1698, 3194 HB 586-- American Indian tribes; Southeastern Cherokee Council, Inc.; state recognition ......................................................... No Action HB 589-- Georgia Cemetery and Funeral Services Act of 2000; repeal................................................................................................. No Action HB 591-- Bonds or recognizances; forfeiture proceedings; deportation ................................................................................................... 153 HB 592-- Bail bondsmen; compensation; definition ........................................ No Action HB 593-- Bonds or recognizances; forfeiture due to failure to appear; notice.................................................................................... No Action HB 594-- Bail bonds; fees of sureties ........................................................ 153, 313, 3716 HB 595-- DeKalb County; homestead exemption; current year assessed value .................................................................................. 3671, 3677 HB 596-- Bail recovery agents; identification cards; requirements ................. No Action HB 597-- Elections; amend provisions ............................................................. No Action HB 602-- Medicaid or state funded health care programs; immunosuppressives; required coverage.......................................... No Action HB 603-- Greensboro, City of; corporate limits ............................................... No Action HB 604-- Regional development centers; fee for reviewing certain actions by local governments............................................................ No Action HB 605-- Children and youth services; child protective services workers; amend provisions ............................................................... No Action HB 606-- Public Employees Labor Relations Commission; create.................. No Action HB 607-- Criminal procedure; serious violent offenders; eliminate mandatory minimum punishment ..................................................... No Action HB 609-- Courts; requesting judicial assistance from other courts, judges, and senior judges .................................................................. No Action HB 620-- In-home services/residential delivery subcontractors; background checks............................................................................ No Action HB 621-- Special license plates; promote special historic preservation....................................................................................... No Action HB 625-- Nationally certified school psychologists, social workers, and counselors; salary increase.......................................... No Action HB 626-- Teachers Retirement; reemployment of retired teachers .................. No Action HB 629-- Charter schools; revise legislative intent; amend certain provisions.......................................................................................... No Action INDEX 6481 HB 630-- Job Development Authority; promote creation and retention of jobs ................................................................................ No Action HB 631-- Real estate transfer tax; General Assembly impose by local law ............................................................................................ No Action HB 634-- Bryan County; homestead exemption; certain residents .................. No Action HB 637-- Development Impact Fee Act; amend provisions............................. No Action HB 638-- Consumer reporting agencies; require notice of security breaches ............................................................................................ No Action HB 640-- Sewerage service suppliers; include storm-water runoff; prohibit certain liens ......................................................................... No Action HB 641-- Buford, City of; ad valorem tax assessment; phase-in period ................................................................................................ No Action HB 642-- Buford, City of; homestead exemption; residents 70 years or older .................................................................................... No Action HB 644-- Employees' Retirement; allowable service; change provisions................................................................................... 198, 703, 3563 HB 645-- Public School Employees Retirement; increase allowable benefit............................................................................... No Action HB 646-- Attorney General; consumer protection; initiate civil actions ............................................................................................... No Action HB 647-- School Health and Physical Education Support Fund; special license plates......................................................................... No Action HB 648-- Businesses that collect computerized data; disclose breach of security.............................................................................. No Action HB 649-- Identity fraud; companies collecting identifying information; requirements ................................................................ No Action HB 651-- District attorneys emeritus; salary; eligibility............................................ 1698 HB 652-- Revenue, Department of; contracting private entities for collections; prohibit .......................................................................... No Action HB 653-- Public Safety Training Center facilities; allow retired officers use........................................................................................ No Action HB 654-- All-terrain vehicles; additional definitions; provisions ......... 1665, 3227, 4484 HB 655-- Telecommunications; audible information access system for blind citizens ................................................................... No Action HB 656-- Public employees; fraud, waste, and abuse; complaints or information ................................................................................... No Action HB 657-- Corrections, Board and Department; appearances by General Assembly members ............................................................. No Action HB 658-- Sales tax exemption; electricity sales for crop irrigation; include nursery stock ........................................................................ No Action HB 660-- Firefighters' and Class Nine Pension Funds; certain active military duty; creditable service........................................ 50, 169, 3563 6482 INDEX HB 661-- School clubs; local boards provide information to parents; policies and procedures.......................................................... 723, 843 HB 664-- Corrections, Board and Department; appearances by General Assembly members ............................................................. No Action HB 666-- Peace Officers' Annuity and Benefit Fund; prior service credit ................................................................................................. No Action HB 667-- Correctional institutions; inmate commissaries................................ No Action HB 668-- Hunting and fishing; lifetime licenses for certain veterans ............................................................................................. No Action HB 670-- State officials and employees; travel expenses; change mileage rate....................................................................................... No Action HB 672-- Wills and trusts; amend Revised Probate Code of 1998 .................. No Action HB 675-- Pawnbrokers; amend certain provisions; provide for title pawn transactions ...................................................................... No Action HB 677-- Magistrate court; certain cases; right of removal for jury trial .................................................................................................... No Action HB 679-- Bankruptcy; debtor's residence; certain homestead exemption.......................................................................................... No Action HB 680-- State Planning for Increased Community Access Act; enact .................................................................................................. No Action HB 681-- State employees; lobbying for anyone other than employer; prohibit............................................................................. No Action HB 682-- Innocent Persons' Compensation Act; provisions ............................ No Action HB 684-- Open meetings; certain exclusions; open records; certain requirement ........................................................................... No Action HB 685-- Housing authorities; private enterprise agreement ........................... No Action HB 686-- Controlled substances; products with pseudoephedrine; limitations ......................................................................................... No Action HB 687-- Walton County Water and Sewerage Authority; reconstitute........................................................................................ No Action HB 688-- Local option sales tax; health care within special districts; provisions ........................................................................... No Action HB 689-- Core curriculum requirements; include dangers of methamphetamine use....................................................................... No Action HB 690-- Arrests for methamphetamine crimes; certain instances; notify DFACS ................................................................................... No Action HB 691-- License plates; physicians identification .......................................... No Action HB 692-- Probation; terms and conditions; amend................................... 121, 316, 3803, 4638 HB 693-- Disabled veterans and blind persons; vendors on streets and highways .................................................................................... No Action INDEX 6483 HB 694-- Worker's compensation; on call but off duty employee; injury not compensable..................................................................... No Action HB 695-- Disabled Assistants Act; authorize permits for certain wild animals........................................................................... 1856, 2901, 5292 HB 698-- Georgia Commission on Hearing Impaired Persons; create ................................................................................................. No Action HB 701-- Driving under the influence; implied consent warning; read prior to testing ........................................................................... No Action HB 702-- Tanning facilities; definitions and provisions................................... No Action HB 705-- Civil practice; process servers; secured communities; registration ................................................................................................... 724 HB 710-- Special license plates; beneficial projects; provisions........... 1665, 3230, 5104 HB 713-- Ronald Reagan Day in Georgia; designate February 6 annually........................................................................................ 105, 190, 741 HB 714-- Special license plates; disabled persons; special decal; revise provisions ............................................................................... No Action HB 715-- Railroad crossings used by school buses; upgrade protective devices ...................................................................................... 2074 HB 716-- Civil practice; trial continuance; members of General Assembly; amend provisions....................................................................... 175 HB 717-- Home rule; fixing hours of sale of alcoholic beverages; provisions.......................................................................................... No Action HB 718-- Pretrial intervention and diversion programs; authorize certain courts to administer....................................................... 153, 279, 3802, 4559 HB 719-- Municipalities; courts; home rule powers; maximum fines...................................................................................................... 153, 642 HB 720-- Alcoholic beverages; municipal or county licenses; increase fee ....................................................................................... No Action HB 721-- Richmond County Board of Health; appointments; terms of office................................................................................... No Action HB 722-- Sexual offenses; raise the age of consent to 18 years of age ..................................................................................................... No Action HB 723-- Public road funds; allocation and balancing; exempt certain projects.................................................................................. No Action HB 724-- Sewage management systems; licensed plumbers; allow certain work ............................................................................... 688, 832, 4485 HB 726-- Motor carriers; require representatives complete educational seminar .......................................................................... No Action HB 727-- Special license plates; administrative issuance procedures; refine ............................................................................. No Action HB 728-- "Mattie's Call Act"; enact ......................................................... 230, 643, 5174, 5246, 5269 6484 INDEX HB 729-- Microbial Professionals Licensing Act; enact .................................. No Action HB 730-- Municipal corporations; ordinance violations; maximum sentences.......................................................................... No Action HB 731-- Judicial Retirement; juvenile court judge; creditable service .............................................................................................. 2073, 3471 HB 732-- Laser speed detection devices; testing; accuracy requirements...................................................................................... No Action HB 733-- Bartow County; chief magistrate; compensation............................. 2088, 3764 HB 734-- Dog fighting; prohibit; punishments; amend provisions .................. No Action HB 735-- Animal protection; impounded animal; amend provisions.......................................................................................... No Action HB 737-- Public road funds; allocation provisions; remove certain projects.............................................................................................. No Action HB 738-- Telephone and telegraph service; Joint Study Committee; reconstitute............................................................................. 2073 HB 739-- Ad valorem tax; mobile homes; amend certain provisions.......................................................................................... No Action HB 740-- Electronic voting systems; require permanent paper record ................................................................................................ No Action HB 741-- Foreclosure; right of redemption ...................................................... No Action HB 742-- Income tax; broadband equipment; exemption................................. No Action HB 743-- Elections; absentee elector; time for advanced voting ..................... No Action HB 745-- Upson County; nonpartisan elections; chief magistrate ............................ 4708 HB 746-- Ground-water withdrawal; permits; measuring devices; amend provisions .............................................................................. No Action HB 747-- Emergency medical services; prehospital health care; insurance provisions ......................................................................... No Action HB 749-- Firefighters' Pension Fund; provide for merger........................... 50, 164, 3625 HB 750-- Special license plates; Stroke Awareness ......................................... No Action HB 753-- Family violence; redefine ................................................................. No Action HB 755-- Family violence protective orders and peace bonds; certain prohibitions ........................................................................... No Action HB 756-- Temple, City of; new charter ............................................................ No Action HB 759-- Regional education service agency employees; retirement options ............................................................................. No Action HB 761-- Chatham County; board of elections and registration; amend provisions .............................................................................. No Action HB 762-- Transportation of Hazardous Materials Act; enact........................... No Action HB 763-- Torts; recovery of damages; contingency fee................................... No Action HB 764-- Commercial drivers' licenses; hazardous materials endorsement; security threat assessment .......................................... No Action INDEX 6485 HB 765-- Hotel-motel tax; local governments; amend provisions ................... No Action HB 770-- Joint emergency 911 system authorities; property tax exemption.......................................................................................... No Action HB 771-- Court fines and forfeitures; civil filing fee; indigent defense fund...................................................................................... No Action HB 775-- Electrical service; renewable, recoverable, and recycled energy; provisions............................................................................. No Action HB 777-- Teachers Retirement; public school employees; transfer membership....................................................................................... No Action HB 778-- Motor vehicles; yield right of way to certain public transit buses....................................................................................... No Action HB 779-- Consumer Right to Participate Act; enact ........................................ No Action HB 780-- Toombs County; board of commissioners; reconstitute ................................ 82 HB 781-- Treutlen County; board of education; compensation ....................... No Action HB 782-- Community service boards; provide services to certain persons .............................................................................................. No Action HB 784-- Cherokee County Water and Sewerage Authority; compensation ............................................................................................... 741 HB 785-- General Assembly; committees; subpoena powers .......................... No Action HB 790-- Electronic voting systems; require permanent paper record ................................................................................................ No Action HB 791-- Joint emergency 911 system authorities; property tax; exemptions ........................................................................................ No Action HB 792-- Special plates; Project Lifesaver program; promoting ..................... No Action HB 793-- Firearms; license to carry; prohibition; certain conviction.......................................................................................... No Action HB 794-- Emergency management; "Mattie's Call Act"; create ...................... No Action HB 796-- Special license plates; certain disabled veterans; two free plates .......................................................................................... No Action HB 797-- Joint county and municipal sales tax on motor fuel; authorize; referendum ....................................................................... No Action HB 799-- State parks; carrying firearms; amend certain provisions ................ No Action HB 800-- Child support; failure to comply; imprisonment .............................. No Action HB 801-- Physical therapists; services without referrals; provide for limited circumstances....................................................... 1498, 1709, 4661 HB 802-- Martin, Town of; mayor and city counsel; terms ............................. No Action HB 803-- Homestead exemption; disabled veterans; increase ......................... No Action HB 804-- Barratry; offense; repeal ............................................................ 104, 162, 3599 HB 807-- Public schools; moment of quiet reflection; provisions ................... No Action HB 808-- Georgia Predatory Lending Prevention Act; enact........................... No Action 6486 INDEX HB 809-- Superior Court Clerks' Retirement; survivors benefits; amend provisions ......................................................................... 50, 126, 3625 HB 812-- Torts; property damage from certain trees; liability ......................... No Action HB 813-- Public schools; meningococcal meningitis; vaccines; sample educational materials ............................................................ No Action HB 814-- Local boards of education; driver education courses; provisions.......................................................................................... No Action HB 815-- Bill of Rights for Georgia Teachers; enact ....................................... No Action HB 816-- Cairo, City of; new charter ........................................................................ 1384 HB 817-- Screven County; board of education; nonpartisan election....................................................................................................... 2084 HB 821-- Judicial Retirement; certain judges or district attorneys; creditable service ................................................................................... 50, 124 HB 824-- Deer farming; change certain provisions.......................................... No Action HB 825-- Local option sales tax; capital outlay; eligible expenditures ...................................................................................... No Action HB 827-- Hospitals providing emergency room services; group liability insurance......................................................................................... 734 HB 829-- Martin, Town of; mayor and city council; terms....................................... 2879 HB 831-- Richmond County; certain officials; compensation .............. 1858, 1868, 4662 HB 832-- Physician's assistants; handling of professional samples ........ 723, 1359, 4764 HB 833-- Georgia Procurement Registry; certain bid advertisements; local governments.................................................... 734, 1451 HB 834-- Sales tax exemption; fuel for certain swine raising purposes ................................................................................. 1859, 3020, 4662 HB 841-- Sales tax exemption; qualified job training organizations.......................................................................... 1622, 2904, 5163 HB 842-- Education loans; certain colleges; eligibility and requirements...................................................................................... No Action HB 843-- Motor vehicle liability insurance; mile based premiums.................. No Action HB 845-- Cherokee County Water and Sewerage Authority; membership....................................................................................... No Action HB 846-- DeKalb County; homestead exemption; certain residents ............................................................................................ No Action HB 847-- Juvenile proceedings; emancipation of minors by petition .................................................................................. 1345, 1798, 5198, 5515 HB 848-- Homestead exemption; senior citizens; actual levy amount .................................................................................. 2075, 3228, 5174, 5303, 5509, 5666, 6071, 6171 HB 849-- Ad valorem tax levy; repeal certain provisions ................................ No Action INDEX 6487 HB 850-- Commercial Code; filing office for secured transactions; certain indigent defense fees ....................................... No Action HB 851-- Employees' Retirement; creditable service; community service board .................................................................................... No Action HB 856-- Fayette County; board of commissioners; reconstitute ....................... 772, 776 HB 860-- DeKalb County; board of education; compensation.................................. 4671 HB 864-- Pawn transactions; motor vehicle sales surplus; provisions..................................................................................................... 175 HB 865-- Courts; senior judge; amend appointment provisions ...................... No Action HB 868-- Judicial Retirement; creditable service; cease contributions ..................................................................................... No Action HB 869-- DeKalb County; public defender; compensation.............................. No Action HB 870-- Twiggs County; board of education; monthly meetings .................. No Action HB 871-- Judicial Retirement; certain military service; creditable service ............................................................................................... No Action HB 872-- Gwinnett County; board of commissioners; compensation .................................................................................... No Action HB 873-- Physician's assistants; public health or state of emergency; render assistance ................................................ 2051, 3088, 5174 HB 874-- Public disclosure of records; certain exception; clarify................... 2072, 3091 HB 875-- Motorcycles; protective headgear; exempt certain persons .............................................................................................. No Action HB 877-- Catoosa County; board of utilities commissioners; create ................................................................................................. No Action HB 878-- State officials and employees; mileage and travel expenses; amend provisions ............................................................. No Action HB 879-- Fair Businesses Practice Act; spot delivery of motor vehicles; amend................................................................................. No Action HB 880-- Motor vehicles; abandonment; certain definitions and provisions................................................................................................... 1614 HB 881-- Dispensing opticians; apprenticeship program; amend requirements............................................................................ 287, 1458, 5499, 5671 HB 882-- Elections; photographs on voter registration cards; provisions.......................................................................................... No Action HB 883-- Tattooing near the eye; expand exception to offense ....................... No Action HB 884-- Probation services provided by local governments; standards for officers ................................................................................. 1666 HB 886-- Serious sexual offenders; satellite based monitoring; authorize program ............................................................................. No Action HB 887-- Torts; prescriptions filled outside the U.S.; limited liability; provision............................................................................. No Action 6488 INDEX HB 888-- Abortion; facilities; certain medical equipment; certain procedures; requirements........................................................................... 2072 HB 889-- Public water systems; individual water meters; provisions.......................................................................................... No Action HB 890-- Criminal procedure; selection of victim or property; enhance sentencing ........................................................................... No Action HB 891-- Transportation, State Board; member removal; provisions.......................................................................................... No Action HB 892-- Nonpartisan elections; include certain county offices ...................... No Action HB 893-- Sales tax; educational purposes; amend certain provisions......................................................................................... 1859, 2911 HB 894-- Juvenile court judges; nonpartisan election; provisions ................... No Action HB 895-- Judicial Retirement System; superior court judge or district attorney; creditable service...................................................... 121, 214 HB 896-- County boards of equalization; appeals to superior courts; repeal right ............................................................................ No Action HB 897-- Quality Basic Education Act; enrollment eligibility; amend provisions .............................................................................. No Action HB 898-- Access to Postsecondary Education Instructional Material Act; enact......................................................................................... 26 HB 899-- Optometrists; additional pharmaceutical agents; provisions....................................................................................................... 26 HB 900-- Adapted sports for disabled students; funded by Department of Education .............................................................................. 26 HB 901-- Bryan County; State and Magistrate Court; surcharge on fines........................................................................................... 26, 154, 155 HB 902-- Bryan County; state court; surcharge on fines............................... 26, 154, 156 HB 903-- Home inspectors; definitions, documentation, and requirements; new provisions ........................................................................ 26 HB 904-- Rincon, City of; homestead exemption; municipal purposes ......................................................................................................... 26 HB 905-- Effingham County; homestead exemption; educational purposes ......................................................................................................... 26 HB 906-- Effingham County; homestead exemption; county purposes ......................................................................................................... 26 HB 907-- Wholesale Licensure and Prescription Medication Integrity Act; enact .................................................................... 26, 2051, 3455 HB 908-- Insurance; uniform claim form; explanation of benefits; establish ......................................................................................................... 26 HB 909-- Ambulance services; reimbursement for medicaid recipients; provisions ..................................................................................... 26 INDEX 6489 HB 910-- Cemeteries and funeral services; amend certain provisions.................................................................................. 26, 1614, 2862, 3486, 5197, 5308 HB 911-- Georgia Taxpayer and Citizen Protection Act; enact .................................... 26 HB 912-- Civil practice; continuances for legislators; produce and provide health records; amend certain provisions ........................ 26, 187, 647, 3628, 3673, 3785, 4444, 4525, 4844, 6128 HB 913-- Eminent domain; compensation requirement ................................................ 26 HB 914-- Division of Archives and History; recognize religious heritage; provisions........................................................................................ 26 HB 915-- Employees' Retirement; certain assistant district attorneys; creditable service .......................................................................... 26 HB 916-- Judicial Retirement; secretaries of superior court judges.............................. 26 HB 917-- Speed detection devices; certain prohibited uses; amend provisions....................................................................................................... 26 HB 918-- Drivers' licenses; youthful driver tracking service; create .............................................................................................................. 26 HB 919-- Nurse Involuntary Overtime Act; provisions ................................................ 26 HB 920-- Employees' health insurance; certain members of local boards of education; provide benefits.......................................... 26, 820, 1661 HB 921-- Special license plates; certain pediatric cancer programs ............................. 26 HB 922-- Local boards of education; extend health care benefits; certain members............................................................................................. 26 HB 923-- Psychologists; administer and prescribe drugs; provisions....................................................................................................... 26 HB 924-- Milton, City of; incorporate ................................................................... 26, 865 HB 925-- Torts; asbestos claims and successor corporations; provisions................................................................................... 26, 1696, 2847 HB 926-- Pedestrian and bicycle paths; require Department of Transportation construct ................................................................................ 26 HB 927-- Elections; nomination of candidates by petition; amend provisions....................................................................................................... 26 HB 928-- Pedestrian and bicycle paths; require Department of Transportation construct ................................................................................ 26 HB 929-- State Forestry Commission; provide additional powers................................ 26 HB 930-- Income tax credits; certain volunteer firefighters.......................................... 26 HB 931-- Ad valorem taxes; transfer of tax executions; amend certain provisions....................................................................... 26, 1857, 3494 HB 932-- Motor vehicles and traffic; habitual violators; amend certain provisions........................................................................................... 26 6490 INDEX HB 933-- Driving under the influence; third violation; change penalties ......................................................................................................... 26 HB 934-- County offices of sheriff-elect; create and provide indemnification .............................................................................................. 26 HB 935-- Advanced practice registered nurse; controlled substances; provisions............................................................... 26, 1346, 1540, 1824 HB 936-- Teachers Retirement; optional allowances; revoke in event of divorce ............................................................................................. 26 HB 937-- Sheriffs' Retirement Fund; newly elected sheriff; eligibility........................................................................................................ 26 HB 938-- Surgical assistants; licensing standards and requirements; provisions...................................................................... 26, 2862 HB 939-- State songs of patriotic heritage; designate ................................................... 26 HB 940-- Education; elementary and secondary; observe "Georgia Day" ......................................................................................................... 32, 49 HB 941-- Archives and History, Division of; certain historical documents; authorize display ................................................. 19, 36, 154, 275, 5197, 5275, 5342, 5512, 5616, 6241 HB 942-- Sexual offenses; change definitions; provide for increased punishment................................................................... Prefiled Only HB 943-- Eminent domain; transportation and utility purposes; specify ...................................................................................................... 19, 36 HB 944-- Evidence; admission of extrinsic transactions; provide limits ............................................................................................ Prefiled Only HB 945-- Marriage age requirement; pregnancy; repeal exception....................... 72, 104 HB 946-- Prostitution; limit prosecution for offense; 16 years of age or older .................................................................................. Prefiled Only HB 947-- Law enforcement officers; indemnification; revise definitions .................................................................................... Prefiled Only HB 948-- Sexual offenses; offense of incest; gender neutrality with regard to; provide................................................................. Prefiled Only HB 949-- Taxes; local governments; liable for certain legal fees; provisions..................................................................................... Prefiled Only HB 950-- Public employees and students; celebration of holidays; prohibit restrictions .................................................................. 40, 80, 154, 245 HB 951-- Public transportation; sale or exchange of tokens, transfers, transaction cards, or tickets without consent, repeal prohibition......................................................................... Prefiled Only HB 952-- Handguns; license to carry; certain restrictions on issuance; provide.......................................................................... Prefiled Only INDEX 6491 HB 953-- Law enforcement officer; change definition................................. 32, 49, 2069, 3288 HB 954-- Public transportation; sale or exchange of tokens, transfers, transaction cards, or tickets without consent, provide for unlawful circumstances........................................ 19, 36, 153, 667, 3599 HB 955-- MARTA; public records relating to fare payment system; exempt from disclosure; provide ............................... 20, 36, 724, 841, 5175, 5513 HB 956-- Video conferences; issuance of arrest warrants; probation hearings; provide ..................................................................... 40, 80 HB 957-- Prestige license plates; Breast Cancer; distribution of renewal fees ................................................................................. Prefiled Only HB 958-- Education; eliminate local five mill share funds; allocation of 1% sales tax ........................................................................ 41, 80 HB 959-- Mallory's Act; permanently disabled persons; parking permits; amend provisions ...................................................... 33, 49, 400, 756, 4764 HB 960-- Urban Redevelopment Law; moratorium upon the exercise of eminent domain; statement of legislative findings and intent; provide ............................................................. 20, 36, 104 HB 961-- Georgia Legal Employment Enforcement Act; enact.............................. 33, 49 HB 962-- Fair Annexation Act; establish state policy regarding annexation; enact ................................................................................. 200, 229 HB 963-- Motor vehicles; use of mobile phone; prohibit person less than 17 years of age .................................................................. 1338, 1379 HB 964-- Republic of Sudan; certain state agencies; prohibitions ........................ 73, 104 HB 965-- Exception for physicians treating workers' compensation claimants; repeal ................................................... Prefiled Only HB 966-- Identity theft; credit report security freeze; provisions............................ 33, 49 HB 967-- Education; wellness plan for each school; provisions ............................. 41, 80 HB 968-- Custody; crimes of interference with; change provisions ................... 143, 186 HB 969-- "Classrooms First for Georgia Act"; financing for basic education; enact ....................................................................................... 20, 36 HB 970-- Liquid propane and natural gas; state tax; temporary exemption; provisions................................................................. 21, 30, 36, 51, 159 HB 971-- Parks and recreation; discount disabled vets and senior citizens; provisions .................................................................................. 21, 36 HB 972-- Teacher certification renewal; basic computer skill competency test; provisions.................................................... 21, 36, 723, 790, 3799 6492 INDEX HB 973-- Speed detection device; law enforcement officers; change provisions ...................................................................... 22, 36, 81, 161 HB 974-- Judicial accounting; probation supervision fees; requirements............................................................................................. 22, 36 HB 975-- Board of Community Health; local educator; member requirements............................................................................................. 22, 36 HB 976-- Condemnation procedure; certain declarations of taking; requirements ................................................................................ 22, 36 HB 977-- Special license plates; child care industry; revenue provisions................................................................................................. 23, 36 HB 978-- Capitol Art Standards Commission; create............................... 23, 36, 50, 107, 1506, 1566 HB 979-- Waste management; hazardous waste; change definitions ................................................................................................ 24, 36 HB 980-- Motor vehicle emission; certain standards; adopt ................................... 24, 36 HB 981-- Board of Education; military recruitment; notify students and parents of rights; require ..................................................... 34, 49 HB 982-- Sales and use tax exemption; allocation of revenue; provide ..................................................................................................... 24, 36 HB 983-- Petroleum products; sale of; certain acts; prohibit ................ 34, 49, 771, 1363 HB 984-- Education; parent in military service; excused absences; provide .................................................................................... 34, 49, 269, 695, 3566, 3682 HB 985-- Health insurance; state employees; contracts and fee schedule; provide ..................................................................................... 35, 49 HB 986-- Depositions; persons who are not legal U.S. residents; provisions............................................................................... 35, 49, 662, 1454 HB 987-- Juvenile court; jurisdiction for adoption proceedings; amend............................................................................................. 35, 49, 1697 HB 988-- War of 1812 Bicentennial Commission; create ............................ 41, 80, 1666, 1998 HB 989-- Clerks of superior courts; real estate or personal property filing fees; sunset dates; change............................... 42, 80, 175, 281, 3625 HB 990-- Special county 1% sales tax; county maintenance; authorize use ............................................................................................ 42, 80 HB 991-- Health; labor; community service boards; repeal certain provisions................................................................................................. 42, 80 HB 992-- Real property; agricultural purposes; preferential assessment; change provisions ................................................................ 43, 80 HB 993-- Sales and use tax; collecting and remitting; change provisions................................................................................................. 43, 80 INDEX 6493 HB 994-- Education; early care programs; certification of excellence; provide .................................................................................. 43, 80 HB 995-- License plates; disabled veterans; change certain provisions....................................................................................... 44, 80, 1665 HB 996-- Sales and use tax; county special purpose; maintenance and repair; authorize use .......................................................................... 44, 81 HB 997-- Elementary and secondary education; program weights and funding; change provisions ............................................................... 44, 81 HB 998-- Firearms; "Georgia's Self-Defense Act"; enact ............................... 44, 81, 632 HB 999-- Veterinarians and veterinary technicians; certain requirements; change provisions ............................................ 45, 80, 153, 219, 3625 HB 1000-- Sheriffs; courthouse and courtroom security; responsibility for; provide................................................................ 45, 80, 238 HB 1001-- Concealed weapon; transportation of; offense; change provisions......................................................................................... 46, 80, 687 HB 1002-- State sales and use tax; certain products; provide exemptions ............................................................................................... 46, 80 HB 1003-- Houston County, Magistrate Court of; elections .................... 46, 80, 154, 157, 2089, 3765 HB 1004-- All-terrain vehicles; certificates of title; drivers' licenses; provisions ........................................................................ 46, 80, 1380 HB 1005-- Sales tax; certain school supplies; provide exemption ............................ 47, 80 HB 1006-- Prestige license plates; Breast Cancer; distribution of renewal fees .................................................................................. 47, 80, 1665, 3011, 5289 HB 1007-- State employees; health insurance plan; eligibility; amend....................................................................................................... 47, 80 HB 1008-- "Georgia Hospice Law"; palliative care; amend provisions.................................................................................... 73, 104, 2051, 3274, 5341, 5540, 5670, 6109 HB 1009-- Public benefits to aliens; policy; provisions .......................................... 73, 104 HB 1010-- Sales and use tax; sales price; change definition ................................... 74, 104 HB 1011-- Department of Community Health; lymphedema; pilot program; provisions ............................................................................... 74, 104 HB 1012-- General obligation and revenue bonds; requirements; provisions...................................................................................... 74, 104, 821, 1357, 1580, 1906, 3784, 4440 HB 1013-- Sales and use tax exemption; airlines; jet fuel; provisions............................................................................................... 75, 104 6494 INDEX HB 1014-- Sales and use tax; government contractor; automatic repeal date; extend ........................................................................ 75, 104, 724, 1806, 3716 HB 1015-- Absentee elector; advance voting; amend provisions............................ 75, 104 HB 1016-- Marriage; minimum age requirement in case of pregnancy; repeal................................................................................... 75, 104 HB 1017-- Compulsory school attendance law; withdraw from enrollment; amend provisions................................................................ 76, 104 HB 1018-- Sales and use tax; biomass material; certain exemptions; provide.................................................................... 76, 104, 1580, 1712, 3799 HB 1019-- "TASER and Electronic Control Weapons Act"; enact........ 76, 104, 209, 670, 4772, 4930 HB 1020-- Retirement; allowances; withdrawal of contributions; amend provisions .................................................................. 77, 104, 198, 282, 3564 HB 1021-- Juvenile proceedings; children who are victims of commercial sexual exploitation; provisions .......................................... 77, 104 HB 1022-- Members of constitutional commissions; reimbursements; provide....................................................... 77, 104, 287, 665, 666, 2069 HB 1023-- Marriage contract; age of majority; provisions .......................... 78, 104, 1345, 1530 HB 1024-- English; designation as official language; amend ................................. 78, 104 HB 1025-- Special license plates; honor veterans; provisions ................................ 78, 104 HB 1026-- Supplemental appropriations; FY 2005-2006....................... 94, 120, 287, 409, 873, 874, 1321, 1329, 1335, 2096, 2881 HB 1027-- General appropriations; FY 2006-2007 ............................ 95, 120, 2054, 2497, 3871, 3889, 4444, 4450, 5674, 6047 HB 1028-- Marriage; pregnancy; age requirements; amend provisions............................................................................................... 95, 120 HB 1029-- Property estates; time limitations; provisions............................... 95, 120, 662, 1369 HB 1030-- Excise tax; furnishing of public accommodations; change provisions ....................................................................... 95, 120, 1859, 3001, 4771 HB 1031-- Incest; gender neutrality; provisions............................................. 96, 120, 866, 1663 INDEX 6495 HB 1032-- Licenses to carry pistol or revolver; temporary renewal permit; provide for restrictions ............................................. 96, 120, 687, 835, 1901, 3686, 3785, 4445, 4526, 4849, 5669 HB 1033-- Mass transportation; referendum to approve commuter rail project; provisions ........................................................................... 96, 120 HB 1034-- Sandy Springs, City of; homestead exemption; certain residents; provisions ............................................................. 96, 120, 231, 232, 4485 HB 1035-- Sandy Springs, City of; homestead exemption; certain residents; provisions ............................................................. 97, 120, 231, 232, 4485 HB 1036-- Sandy Springs, City of; homestead exemption; certain residents; provisions ............................................................. 97, 120, 231, 233, 4485 HB 1037-- Sandy Springs, City of; homestead exemption; certain residents ................................................................................ 97, 120, 231, 233, 4486 HB 1038-- Sandy Springs, City of; homestead exemption; certain residents ................................................................................ 98, 120, 231, 233, 4486 HB 1039-- Sandy Springs, City of; exemption requirements; certain residents .................................................................... 98, 120, 231, 234, 4486 HB 1040-- Carpet samples; raw material cost; fair market valuation; definitions .................................................................... 98, 120, 724, 1437, 5163 HB 1041-- Carpet samples; raw material cost; fair market valuation; provisions.............................................................................. 99, 120 HB 1042-- Annual accounting periods; treatment of taxable years; amend provisions .......................................................................... 99, 120, 315, 3626 HB 1043-- Deposit account fraud; stop payment of checks; amend ....................... 99, 120 HB 1044-- Firearms; carrying and possession; municipal and city court judges; constables; amend provisions ................................. 99, 120, 662, 1332, 1579, 3399, 4832, 4941 HB 1045-- Absentee voting; casting of ballot; provisions..................................... 100, 120 HB 1046-- Supplemental appropriations; FY 2005-2006...................................... 100, 120 HB 1047-- General appropriations; FY 2006-2007 ............................................... 100, 120 HB 1048-- Income tax credit; reel mowers; provide ............................................. 100, 120 6496 INDEX HB 1049-- Fees and taxes; time of payment; include heating and air repair; provisions ............................................................................ 101, 120 HB 1050-- Sales and use tax; sales price; change definition ................................. 101, 120 HB 1051-- Income tax credit; certain students and teachers; provisions............................................................................................. 101, 120 HB 1052-- Motor vehicles; distinguishable transporter license plate; provisions.......................................................................... 102, 120, 187, 308, 3564 HB 1053-- Special license plates; Georgia organizations; change provisions.................................................................................. 112, 152, 1665, 2821, 5291, 5527, 5638, 5640, 5641, 6047, 6240 HB 1054-- Controlled substances; certain classes; change provisions.................................................................................... 113, 152, 662, 748, 4671, 4970 HB 1055-- Public schools; Internet safety policies; adopt and implement ................................................................................... 113, 152, 820, 1366, 3626 HB 1056-- Contracts; public works; certain prohibition ....................................... 113, 152 HB 1057-- Special license plates; child abuse prevention; provisions............................................................................................. 114, 152 HB 1058-- Health care; continuation of optional plans; state agencies; provisions............................................................................. 114, 152 HB 1059-- Sexual offenders; punishment; registration requirements; change provisions ................................................ 114, 152, 270, 319, 4552, 4575, 4641, 4642, 4652, 4854, 5670 HB 1060-- "Wireless Communications Security Act"; enact ...................... 103, 120, 2073 HB 1061-- "Georgia Right to Self-defense Act of 2006"; create .......................... 115, 152 HB 1062-- Life insurance; coverage requirement; State of Israel; provisions............................................................................................. 115, 152 HB 1063-- Ad valorem tax exemption; business inventory; provide .................... 116, 152 HB 1064-- Living will; statutory form; revocation of health care agency; revisions.................................................................................. 116, 152 HB 1065-- Municipal sales and use tax; funding of projects and services; provide .................................................................................. 116, 152 HB 1066-- Metabolic and genetic disorders; system for screening newborns; change provisions...................................................... 117, 152, 287, 700, 3719, 3758 INDEX 6497 HB 1067-- Georgia Commission on Interstate Cooperation; certain provisions; amend ....................................................................... 117, 152, 651, 696, 3599 HB 1068-- Cobb County; Board of Education; election of members; amend ......................................................................... 117, 152, 188, 189, 620, 622 HB 1069-- Drivers' licenses; young driver tracking service; provide .......... 118, 152, 401, 755, 1475, 1476 HB 1070-- Department of Driver Services; verify claim of legal domicile or residence; provide............................................................. 118, 152 HB 1071-- Inspection of public records; jurisdiction; amend ..................... 118, 152, 2072 HB 1072-- Riverside, City of; incorporate; new charter........................................ 118, 152 HB 1073-- Superior courts; certain circuits; number of judges; provisions.................................................................................. 119, 152, 2072, 3026, 5553, 6098 HB 1074-- Homestead exemption; certain spouses of killed U.S. service members; amend...................................................................... 144, 186 HB 1075-- Bond; used motor vehicle dealers; increase amount................. 144, 186, 1665, 2039, 3799 HB 1076-- Homestead exemption; disabled veterans; surviving spouses; amend .................................................................................... 144, 186 HB 1077-- Rabun County; nonpartisan elections; office of probate judge............................................................................................ 145, 186, 208, 210, 2085 HB 1078-- Randolph County Water and Sewer Authority; create ............... 145, 186, 208, 210, 3079 HB 1079-- Randolph County; board of elections; provide........................... 145, 186, 208, 210, 3080 HB 1080-- Income tax credit; qualified child and dependent care expenses; provide........................................................................ 146, 186, 306, 824 HB 1081-- County board of tax assessors; member requirements; provisions............................................................................................. 146, 186 HB 1082-- Teachers; duty-free lunch period; change provisions.......................... 146, 186 HB 1083-- Georgia Medical Center Authority; comprehensive revision; provide ....................................................................... 147, 186, 1580, 2010, 4662 HB 1084-- Local governments; registration of residential rental property; eliminate prohibition ............................................................ 147, 186 HB 1085-- Finfish; certain species; open seasons, creel, and possession limits; amend ............................................................ 147, 186, 255, 408, 4771 6498 INDEX HB 1086-- Georgia Arts Trust; create ................................................................... 147, 186 HB 1087-- Wayne County Industrial Development Authority; change number of members........................................................ 148, 186, 208, 211, 3564 HB 1088-- Special license plates; Thanks Mom and Dad fund; provide ................................................................................................. 148, 186 HB 1089-- Special license plates; Kappa Alpha Psi Fraternity; provide ................................................................................................. 148, 186 HB 1090-- Public works; exercise of power to contract by Department of Transportation; amend...................................... 149, 186, 1824, 2898, 4493, 4689, 5167, 5306, 5555, 5660, 5665, 6043 HB 1091-- Eminent domain; public authority transfer of interest of real property; amend ............................................................................ 149, 186 HB 1092-- Suicide Prevention Program; create.......................................... 149, 186, 1578, 2028, 4486 HB 1093-- Arresting officers; nontraffic misdemeanor citation; provisions............................................................................................. 150, 186 HB 1094-- Motor vehicle; alcoholic beverage; provisions.......................... 178, 208, 1579 HB 1095-- Georgia Senate and House of Representatives; certain committees; change references .................................................... 179, 208, 269 HB 1096-- Pike County; superior courts; change certain terms ................... 179, 208, 269, 753 HB 1097-- Outdoor advertising signs; restriction; amend............................ 179, 208, 689, 1462, 5637, 6065 HB 1098-- Local school system; summer food service program; establish ..................................................................................... 180, 208, 2069 HB 1099-- Alpharetta, City of; "Redevelopment Powers Law"; exercise ..................................................................................... 180, 208, 3707, 3709, 4708 HB 1100-- Counties and municipal corporations; fraud, waste, and abuse; provisions........................................................................ 180, 208, 1578 HB 1101-- Municipal corporation; annexation of property; amend ...................... 180, 208 HB 1102-- Coleman, City of; charter; abolish.............................................. 181, 208, 231, 234, 3080 HB 1103-- Optometrists; additional pharmaceutical agents; provide ................... 181, 208 HB 1104-- Landlord and tenant; dispossessory proceedings; provisions................................................................................... 181, 208, 2861 HB 1105-- Contracting business; documentation of full-time engagement; provisions ............................................................ 182, 208, 1579, 1808 INDEX 6499 HB 1106-- Weight of vehicle and load; hauling of construction aggregates; include ..................................................................... 182, 208, 288, 754, 4487 HB 1107-- Income tax credit; imposition, rate, and computation; real property; amend ................................................................... 151, 186, 256, 664, 1705 HB 1108-- Natural Gas Competition and Deregulation Act; amend..................... 152, 186 HB 1109-- American Indians; certain tribes; change address ..................... 182, 208, 2851 HB 1110-- Sales and use taxes; partial exemption; certain gas and oil; provide........................................................................................... 182, 208 HB 1111-- Cobb Judicial Circuit; superior court judges; amend number ................................................................................................. 183, 208 HB 1112-- Speech-language pathologists and audiologists; licensing; change provisions....................................................... 183, 208, 734, 1332, 1676, 4487 HB 1113-- State employees' health insurance; late or noncompliance charges; provisions..................................................... 183, 208 HB 1114-- Passenger vehicles and pickup trucks; safety belts; require use............................................................................................ 184, 208 HB 1115-- State employees' health insurance; credentialing by new third-party administrator; provide time requirements ......................... 184, 208 HB 1116-- County excise tax; severance of solid minerals; provide .................... 184, 208 HB 1117-- Crawford County school district; homestead exemption; provisions.................................................................................... 185, 208, 231, 234, 2085 HB 1118-- Crawford County; nonpartisan elections; office of probate judge............................................................................... 185, 208, 231, 235, 2085 HB 1119-- Crawford County; nonpartisan elections; office of chief magistrate.................................................................................... 185, 208, 231, 235, 2085 HB 1120-- Dealers' sales and use tax; estimated liability; change provisions.................................................................................. 185, 208, 1859, 3048, 3799 HB 1121-- Sales and use tax exemption; national infantry museum and heritage park facility; provisions ....................................... 201, 229, 1859, 3308, 4487 HB 1122-- Peach County school district; homestead exemption; provisions.................................................................................... 201, 229, 270, 271, 2085 HB 1123-- Marshlands or water bottoms; leasing; change fee.............................. 201, 229 6500 INDEX HB 1124-- Barrow County school district; homestead exemption; provisions.................................................................................... 202, 229, 270, 272, 1705 HB 1125-- Special license plates; merchant marine; provide................................ 202, 229 HB 1126-- Correctional officers; insurance benefits; provide exemption.................................................................................. 202, 229, 1347, 1602, 5512 HB 1127-- Public water system; water and waste-water usage among tenants; amend ......................................................................... 203, 230 HB 1128-- Georgia Emergency Management Agency; public buildings; state-wide planning and mapping system; establish ....................................................................................... 203, 230, 237 HB 1129-- Wrongful incarceration; certain awards; provisions............................ 203, 230 HB 1130-- Guardianships and estates; amend certain provisions ............... 203, 230, 1345 HB 1131-- Public policy; citizens participation in government; amend................................................................................................... 204, 230 HB 1132-- Catoosa County; judge of probate court and Superior Court clerk; salary provisions..................................................... 204, 230, 270, 272, 2086 HB 1133-- Quality Basic Education Act; amend................................................... 205, 229 HB 1134-- Deer; closed and open seasons; change certain provisions............................................................................................. 205, 229 HB 1135-- Sales and use tax exemption; certain uses of electricity or fuel; amend ...................................................................................... 205, 229 HB 1136-- Dooly County; Magistrate Court; technology fee; authorize...................................................................................... 206, 229, 270, 272 HB 1137-- Certain state house districts; provide for composition ............... 206, 229, 230, 705, 1384 HB 1138-- House Districts 86 and 89; provide for composition ........................... 223, 269 HB 1139-- Sales and use tax exemption; certain historical and educational attractions; provide........................................................... 224, 269 HB 1140-- House Districts 79, 80, and 81; provide for composition.................... 224, 269 HB 1141-- Lobbyists; payment of registration; provide............................. 224, 269, 1442, 1674 HB 1142-- Seminole County; office of sheriff; fill vacancies...................... 224, 269, 301, 302, 1900 HB 1143-- Dublin, City of; board of education; provide additional authority ...................................................................................... 224, 269, 301, 304, 4772 HB 1144-- Private enterprise agreement; housing authorities; redefine ...................................................................................... 225, 269, 2075 INDEX 6501 HB 1145-- Juvenile proceedings; mental health; change provisions............ 225, 269, 771, 1546, 4672, 5020 HB 1146-- Income tax credit; donations to community foundations; provide ................................................................................................. 225, 269 HB 1147-- Sales and use tax exemption; funeral merchandise; provide ................................................................................................. 226, 269 HB 1148-- Enotah Judicial Circuit; superior court judges; amend number ................................................................................................. 207, 229 HB 1149-- House Districts 167 and 179; provide for composition....................... 207, 229 HB 1150-- Special license plates; pediatric cancer research; provide ................................................................................................. 226, 269 HB 1151-- Deferred compensation plan; Board of Trustees; administer.................................................................................... 226, 269, 688, 1331, 3626 HB 1152-- Local board of education; personal safety and abduction avoidance course; provide ................................................................... 227, 269 HB 1153-- HOPE scholarship; eligibility requirements; provide.......................... 227, 269 HB 1154-- Coffee County; absentee ballot applications; limit amount ................................................................................................. 227, 269 HB 1155-- Coffee County; Board of Education; chairperson and vice chairperson; select............................................................... 227, 269, 301, 302, 873 HB 1156-- House Districts 5 and 12; provide for composition ............................. 228, 269 HB 1157-- Income tax credit; employers providing retraining programs; change provisions ...................................................... 228, 269, 724, 827, 5175, 5332, 5555, 5570, 5669, 6221 HB 1158-- Special license plate; Cobb County; beautification projects................................................................................................. 258, 300 HB 1159-- Lumpkin County; Board of Elections and Registration; change provisions ....................................................................... 259, 300, 401, 402, 824 HB 1160-- Taxable net income; certain companies; provide adjustments ............................................................................... 259, 300, 2075, 3484, 5290 HB 1161-- Southwest Georgia Technology Authority; create ..................... 259, 300, 401, 403, 3524 HB 1162-- Department of Community Affairs; Section 8 housing fraud; require investigation....................................................... 260, 300, 1497, 1714, 5341 HB 1163-- Superior court; transferring cases; change provisions......................... 260, 300 6502 INDEX HB 1164-- Budget Act; amend ................................................................... 260, 301, 1577, 2008, 4772 HB 1165-- Election day registration; provide........................................................ 261, 301 HB 1166-- Education; program weights; change certain provisions..................... 261, 301 HB 1167-- Tattoo; misdemeanor; eye socket; repeal .................................. 261, 301, 1857 HB 1168-- Winery; tasting room; permit sales........................................... 261, 301, 1498, 3092, 4662 HB 1169-- Special license plate; AIDS survival project; provide......................... 262, 301 HB 1170-- Cosmetologists; examination fees; change certain provisions.................................................................................... 262, 301, 866, 1541, 4830 HB 1171-- Driver's license; surrender; provide specific date...................... 262, 301, 1665 HB 1172-- Certain prescription drugs; Medicaid; prohibit requirement of authorization................................................................ 263, 301 HB 1173-- Sales and use tax exemption; jet fuel; provisions................................ 263, 301 HB 1174-- Animal protection; licenses; change certain provisions ...................... 263, 301 HB 1175-- Sales and use tax exemption; sales to churches; provisions............................................................................................. 263, 301 HB 1176-- Sales and use tax exemption; certain farm machinery; provisions............................................................................................. 264, 300 HB 1177-- Department of Transportation; certain projects; bonding amounts; provisions .................................................................... 264, 300, 867, 1456, 5198, 5315 HB 1178-- Prescription drugs; unused; medically indigent persons; establish program...................................................................... 229, 269, 1621, 2997, 4798, 5051, 5166, 5172, 5288, 6091, 6170 HB 1179-- Auctions; contracts; provisions............................................................ 264, 300 HB 1180-- Vehicles; live poultry; certain circumstances; prohibit hauling ......................................................................................... 265, 300, 867 HB 1181-- Sales and use tax exemption; jet fuel; provisions................................ 265, 300 HB 1182-- Sales and use tax exemption; certain hall of fame attractions; provisions ................................................................. 265, 300, 724, 826, 2086 HB 1183-- University System of Georgia; admissions; provisions....................... 265, 301 HB 1184-- Herty Foundation; change name................................................. 266, 301, 686, 793, 4672, 4973 HB 1185-- Burglary and theft; punishment; amend .............................................. 266, 301 HB 1186-- Cobb County; state court; compensation of judges; change ......................................................................................... 266, 301, 401, 403, 783 INDEX 6503 HB 1187-- Appraisal; county staff; change certain provisions................... 267, 301, 1442, 1787, 5314, 5501 HB 1188-- Jimmy Carter Day; establish................................................................ 267, 301 HB 1189-- Special license plate; "Support Our Troops"; provide......................... 267, 301 HB 1190-- Transportation; toll provisions; amend....................................... 290, 400, 867, 1438, 4487 HB 1191-- Prescription drugs; practitioner's name below signature; require ........................................................................................ 291, 400, 2051 HB 1192-- Sandy Springs, City of; Public Facilities Authority; create ........................................................................................... 291, 400, 633, 634, 4488 HB 1193-- Vehicles; false or secret compartments; prohibit owning or operating ............................................................................... 291, 400, 1857, 3149, 4830 HB 1194-- Special license plate; maritime history of Georgia's coast; provide....................................................................................... 292, 400 HB 1195-- Civil case; complaints and judgments; change provisions.................................................................................... 292, 400, 820, 1561, 1585, 3373, 4798, 5014 HB 1196-- Wine; restaurant patrons; remove partially consumed bottle; allow ......................................................................................... 292, 400 HB 1197-- Darien, City of; homestead exemption; provisions .................... 293, 400, 633, 634, 3565 HB 1198-- McIntosh County; school district; homestead exemption; provisions................................................................. 293, 400, 633, 635, 2879 HB 1199-- McIntosh County; probate judge; magistrate court; provisions.................................................................................... 293, 400, 633, 635, 3565 HB 1200-- HOPE teacher's scholarship; eligibility requirements; change ........................................................................................ 293, 400, 1621 HB 1201-- Marietta, City of; public schools; compensation of board; provide ............................................................................. 294, 400, 633, 635, 783 HB 1202-- Cobb County; Board of Commissioners; compensation; change provisions ....................................................................... 294, 400, 633, 635 HB 1203-- Environmental Protection Division; land disturbance fee; certain requirements...................................................................... 294, 400 HB 1204-- Sales and use tax exemption; water and sewer authorities; provide .............................................................................. 294, 400 6504 INDEX HB 1205-- Special license plates; Sons of Confederate Soldiers; provisions............................................................................................. 295, 400 HB 1206-- Motor vehicles; state waters; provide rules for operating ................... 295, 400 HB 1207-- Hartwell, City of; Recreation Authority Act; amend ................. 295, 400, 633, 636, 1384 HB 1208-- Cobb County; deputy clerk of superior court; compensation .............................................................................. 296, 400, 633, 636, 4663 HB 1209-- Public Safety, Department of; motorcycle enforcement program; provisions for payment.............................................. 296, 400, 1497, 1678, 5290 HB 1210-- Clarke County; hospital authority board; provisions.................. 296, 400, 633, 636, 742 HB 1211-- Southern Appalachian brook trout; official state cold water game fish; red drum; official state salt-water fish; designate ..................................................................................... 297, 400, 687, 840, 4674, 5055, 5289, 5540, 5568, 5657, 6170 HB 1212-- PeachKids - Health Insurance for All Georgia Children Act; enact ............................................................................................. 297, 400 HB 1213-- Poultry; disposal; provide ........................................................... 297, 400, 685, 788, 3599 HB 1214-- Special license plate; veterans who have served in armed services; provide ....................................................................... 297, 400 HB 1215-- Special license plate; ALS; provide..................................................... 298, 400 HB 1216-- All-terrain vehicles; law enforcement agencies; allow use ............................................................................................. 390, 631, 1665, 3476, 4674, 4827, 5173, 5268, 5341, 6089, 6250 HB 1217-- Disabled persons; parking permits; provide ............................. 390, 631, 1380, 1608, 3800 HB 1218-- Clinical laboratories chapter; applicability; revise certain provisions................................................................................. 390, 631 HB 1219-- Sales and use tax exemption; certain school supplies; energy efficient products; provide ............................................ 391, 631, 1442, 1605, 4488 HB 1220-- Violation of traffic laws; additional funds; uninsured trauma services; distribute ................................................................... 391, 631 HB 1221-- Violation of traffic laws; additional funds; uninsured trauma services; distribute ................................................................... 391, 631 INDEX 6505 HB 1222-- Motor vehicles; alcohol, drugs, or other substances; provisions.................................................................................. 299, 400, 2072, 3311, 3372 HB 1223-- County Board of Health; contracts; revise certain provisions.................................................................................. 392, 631, 1578, 3171, 4773, 4909 HB 1224-- Health Share Volunteers in Medicine Act; revise certain definitions ................................................................................. 392, 631, 1578, 2037, 4777 HB 1225-- The Interstate Compact for Juveniles; enact........................................ 392, 631 HB 1226-- Agricultural education teachers; minimum salaries; provide ................................................................................................. 393, 631 HB 1227-- Agricultural Education Oversight Commission; create............ 393, 631, 1620, 3299, 5291, 5523 HB 1228-- Career and Technical Education Oversight Commission; create................................................................... 393, 631, 1620, 3302, 5291, 5526 HB 1229-- High school; adjustment of certain grades; provide .................. 393, 632, 2069 HB 1230-- Georgia Development Impact Fee Act; change certain provisions.................................................................................. 394, 632, 2070, 3376 HB 1231-- Optometrists; materials which reduce light; certain persons; exemptions............................................................................. 394, 632 HB 1232-- Motor vehicles; certain commemorative license plates; change provisions ................................................................................ 394, 632 HB 1233-- Children and youth services; transitional care centers; revise .................................................................................................... 395, 632 HB 1234-- Firearms; carrying deadly weapons; public gatherings; constables; exemptions .............................................................. 395, 631, 1497 HB 1235-- Examination of witnesses; permit jurors to ask questions; certain provisions................................................................ 395, 631 HB 1236-- Motor vehicles; registration; place of return; amend.................. 396, 631, 821, 1357, 4663 HB 1237-- Special license plates; Georgia Association of Realtors; provide ................................................................................................. 396, 631 HB 1238-- Wire transmission; money; illegal immigrant fee; provide ........................................................................................ 299, 400, 686, 798, 803, 5112 HB 1239-- Education; annual instruction in criminal law; require ............ 300, 400, 2069, 3468 HB 1240-- Workers' compensation; certain requirements; provide ............. 300, 400, 687, 789, 4663 6506 INDEX HB 1241-- Quality Basic Education Act; eligibility conditions for student athletes; provide ............................................................. 396, 631, 820, 1361, 4488 HB 1242-- Insurance; motor vehicle; relatives; provisions ................................... 397, 631 HB 1243-- Construction defects; resolution; change certain provisions................................................................................... 397, 631, 1579 HB 1244-- Motor fuel; public mass transit; change certain provisions.................................................................................. 624, 662, 2075, 3305, 4672, 4947 HB 1245-- Special elections; certain General Assembly vacancies; change procedures...................................................................... 625, 662, 1578 HB 1246-- State flag; deceased Georgia elected state officials; provide ...................................................................................... 625, 662, 1578, 3051, 4780 HB 1247-- Georgia Water Authority; create ......................................................... 625, 662 HB 1248-- Alcoholic beverages; comprehensive revision of provisions; provide ..................................................................... 625, 662, 866, 3095, 4832, 4978 HB 1249-- Ad valorem taxation exemption; watercraft in inventory; provide..................................................................... 626, 662, 1859, 3390, 4663 HB 1250-- Probation Management Act of 2004; change repeal date........... 626, 662, 724, 1512 HB 1251-- Braselton Visitors Bureau Authority; create............................... 626, 662, 735, 740, 1900 HB 1252-- Driver training schools; definitions; provide............................ 627, 662, 1380, 2021, 4664 HB 1253-- Drivers' licenses; certain provisions; clarify............................. 627, 662, 1380, 1811, 3802, 4562 HB 1254-- Health plans; high deductible; provide exemption .................... 628, 662, 2863 HB 1255-- Walton Judicial Circuit; create ............................................................ 628, 662 HB 1256-- Eyewitness identification accuracy; procedure for enhancing; provide..................................................................... 628, 662, 2861 HB 1257-- Insurance; emergency services; change certain provisions.................................................................................. 629, 662, 1497, 1794, 3720, 4446, 4525, 4640, 4641, 4831, 5607, 6242 HB 1258-- County and municipal sales and use tax; continued distribution; provide............................................................................. 629, 662 INDEX 6507 HB 1259-- Private detectives and private security officers; licensing; revise ........................................................................ 629, 662, 1497, 3105, 5554, 6052, 6240 HB 1260-- Embalmers and funeral directors; licenses; certain requirement; authorize waiver ............................................................. 630, 662 HB 1261-- Bingo; nonprofit, tax-exempt organization; define ............................. 630, 662 HB 1262-- Commissioner of Labor; labor organizations; certain requirements......................................................................................... 630, 662 HB 1263-- Blue Ridge Judicial Circuit; superior courts; third judge; provide ...................................................................................... 653, 685 HB 1264-- Gwinnett County; State Court; additional judge; provide ........................................................................................ 654, 685, 735, 736, 4489 HB 1265-- Cobb County; Probate Court; certain employees; change compensation.................................................................. 677, 734, 772, 773, 1385 HB 1266-- Mental health; Dept. of Human Resources; persons in jail; provide transfer............................................................................. 654, 685 HB 1267-- Cobb County; State Court; clerk and chief deputy clerk; change compensation.................................................................. 654, 685, 735, 737, 4489 HB 1268-- Children; custody; allowances............................................................. 655, 685 HB 1269-- Miller County Recreation Authority; amend.............................. 655, 685, 735, 737, 1900 HB 1270-- Spalding County; coroner; compensation; provisions................ 655, 685, 735, 737, 1649 HB 1271-- Rabun County; board of elections and registration; create ........................................................................................... 655, 685, 735, 738, 2086 HB 1272-- Sales and use tax exemption; nonprofit volunteer health clinics; provide.......................................................................... 656, 685, 1442, 1609, 3717 HB 1273-- Security deposits; escrow accounts; change certain provisions.................................................................................. 656, 685, 2072, 3143, 4664 HB 1274-- Ad valorem taxation of property; change certain definitions ............................................................................................ 656, 685 HB 1275-- Commercial driver's license; violation; provide for revocation.................................................................................. 657, 685, 1579, 1718, 4798, 4935 HB 1276-- Coretta Scott King Day; establish........................................................ 657, 685 6508 INDEX HB 1277-- Sumter County; Magistrate Court; technology fee; authorize...................................................................................... 657, 685, 735, 738 HB 1278-- Public retirement systems; Republic of Sudan; provisions............................................................................................. 657, 685 HB 1279-- Probate court; certain employees; state health benefit plan; provisions......................................................................... 658, 685, 2069, 3477, 3481 HB 1280-- Office of Treasury and Fiscal Services; Republic of Sudan; provisions................................................................................. 658, 685 HB 1281-- Ad valorem taxation; assessed taxable value of property; change provisions....................................................... 658, 685, 2863 HB 1282-- Deeds; recording; provisions .................................................... 659, 685, 2072, 3111, 4664 HB 1283-- Franklin Delano Roosevelt Day; declare............................................. 659, 685 HB 1284-- Grants for Classroom Teachers Program; provide for establishment ....................................................................................... 659, 685 HB 1285-- Wildlife; unlawful enticement of; amend provisions ................ 659, 685, 1577 HB 1286-- Elections; absentee ballots; provisions ...................................... 660, 685, 1578 HB 1287-- Education; use of lottery funds; amend ....................................... 660, 685, 735 HB 1288-- Municipal court clerks; required training; provide................... 678, 734, 1497, 1720, 4797 HB 1289-- Candler County; board of elections and registration; create ........................................................................................... 678, 734, 772, 773, 2087 HB 1290-- Telephone service provider; customer records; prohibit sale or transfer........................................................................... 678, 734, 2072, 3197, 5339, 5585 HB 1291-- Automobile clubs; regulate....................................................... 679, 734, 1345, 1681, 3717 HB 1292-- Prison Chaplains Appreciation Day; create.............................. 679, 734, 1347, 1564, 4664 HB 1293-- Conservation use covenant; breach; provide for additional acts ........................................................................... 679, 734, 1442, 1653, 4489 HB 1294-- Education; nonlapsing revenue of institutions; change certain provisions...................................................................... 679, 734, 1580, 3454, 4665 HB 1295-- Insurance tax credit; certain qualified investments; provide ................................................................................................. 680, 734 HB 1296-- Sales and use tax exemption; maintenance or repair of aircraft; provide.................................................................................... 680, 734 INDEX 6509 HB 1297-- Cobb County; Board of Commissioners; change provisions.................................................................................... 680, 734, 772, 774, 2880 HB 1298-- Preston-Weston-Webster County Charter and Unification Commission; create ................................................. 681, 734, 772, 774, 2881, 3767 HB 1299-- Chattahoochee County; probate judge; nonpartisan election; provide ......................................................................... 681, 734, 772, 774 HB 1300-- Bonds; aggregate amount; raise................................................ 681, 734, 1859, 3403, 3407 HB 1301-- Sales and use tax exemption; certain food and groceries; food bank; provide ................................................... 682, 734, 1859, 3008, 4797 HB 1302-- Georgia Street Gang Terrorism and Prevention Act; change certain provisions.......................................................... 682, 734, 2072, 3201, 4843, 5317 HB 1303-- Cobb County; Probate Court; change compensation.................. 682, 734, 772, 775, 4708 HB 1304-- Life insurance; proceeds; provisions ........................................ 683, 734, 1345, 1598, 4832, 5016 HB 1305-- Seed - Capital Fund; investments; provisions .......................... 683, 734, 1622, 3115, 4665 HB 1306-- Special elections; sales and use taxes; provisions ..................... 683, 734, 1578 HB 1307-- Georgia Register; publication; change certain provisions.................................................................................. 727, 770, 1499, 3307, 4795 HB 1308-- Nursing homes; fees; change certain provisions ...................... 728, 770, 1345, 1796, 4795 HB 1309-- Special license plate; foster parents; provide....................................... 728, 770 HB 1310-- Revenue and taxation; comprehensive revision of provisions; provide ................................................................... 728, 770, 1580, 1779, 3717 HB 1311-- Insurance; mental health treatment; provisions ................................... 729, 770 HB 1312-- Mitchell County; county surveyor; abolish office ...................... 729, 770, 867, 868, 1900 HB 1313-- Eminent domain; comprehensive revision of provisions; provide ...................................................................................... 684, 734, 1641, 2050, 2072, 2915, 4557, 4613, 4651, 4652, 4654, 6024, 6051 6510 INDEX HB 1314-- Health care facilities; hospital acquired infections; require certain reports .......................................................................... 729, 770 HB 1315-- Farm winery; retail sales; provisions................................................... 730, 770 HB 1316-- High School Athletics Overview Committee; create ............... 730, 770, 2069, 3022, 5512 HB 1317-- Excise tax; certain furnishings; change provisions.............................. 730, 770 HB 1318-- Board and Department of Corrections; employee benefits; provisions ................................................................... 730, 770, 1666, 3116, 4828 HB 1319-- Georgia Environmental Facilities Authority; change certain provisions...................................................................... 731, 770, 1578, 1721, 4489 HB 1320-- Environmental offenses; littering; revise provisions ................ 731, 770, 1697, 2977, 4773, 4809 HB 1321-- Johns Creek, City of; incorporate ............................................... 731, 770, 865, 1388, 1706, 1729 HB 1322-- Covington, City of; community improvement districts; create ........................................................................................... 762, 819, 867, 869, 1649 HB 1323-- Local government; infrastructure development districts; provide ...................................................................................... 763, 819, 2863, 3415 HB 1324-- Columbia County; Small Claims Court; repeal .......................... 763, 819, 867, 869, 1590 HB 1325-- Natural gas; distribution; provisions........................................... 763, 819, 866, 1443 HB 1326-- State-wide Reserve Ratio; contribution rates; change certain provisions...................................................................... 764, 819, 1497, 1784, 4665 HB 1327-- Augusta, City of; consolidated government; authorize .............. 764, 819, 867, 869, 3565 HB 1328-- Columbia County; Magistrate Court; change requirements................................................................................ 764, 819, 867, 870, 1590 HB 1329-- Covington, City of; redevelopment; authorize ........................... 765, 819, 867, 870, 1649 HB 1330-- Felons; reward for detection or apprehension; remove certain limitations ...................................................................... 765, 819, 2070 HB 1331-- State grant-in-aid funds; certain counties based on population; provide .............................................................................. 765, 819 HB 1332-- Terrell County; Clerk of Magistrate Court; provisions .............. 765, 819, 867, 870, 3565 INDEX 6511 HB 1333-- Terrell County; Clerk of Probate Court; provisions ................... 766, 819, 867, 870, 3565 HB 1334-- Athens-Clarke County; redevelopment; authorize ..................... 766, 820, 867, 871, 1706 HB 1335-- Law enforcement officer; hiring; first offender record; review........................................................................................ 766, 820, 2072, 3465, 4828, 4932 HB 1336-- County taxation; payment; provisions ....................................... 767, 820, 1622 HB 1337-- Department of Transportation; commercial development; authorize to lease property ............................................ 767, 820 HB 1338-- DeKalb County; leases and contracts; nonprofit corporations; authorize ........................................................................ 767, 820 HB 1339-- Commissioner of Community Health; employees and health care; provisions ......................................................................... 767, 819 HB 1340-- Courts and criminal procedure; indigent defense coordinator; provide............................................................................. 768, 819 HB 1341-- Alpharetta, City of; homestead exemption; provisions ............ 768, 819, 2862, 2864, 4709 HB 1342-- Nonprofit organizations; noncash prizes; provisions ............... 813, 865, 2072, 3398 HB 1343-- Cherokee County; redevelopment; authorize ........................... 813, 865, 1347, 1349, 1900 HB 1344-- Cobb County; homestead exemptions; provisions ................... 814, 865, 1347, 1349, 1650 HB 1345-- Kennesaw, City of; franchise agreements; change provisions.................................................................................. 814, 865, 1347, 1349, 2087 HB 1346-- Kennesaw, City of; quorum; change charter provision ............ 814, 865, 1347, 1349, 2087 HB 1347-- Kennesaw, City of; corporate limits; change provisions.......... 814, 865, 1347, 1350, 2087 HB 1348-- Macon Water Commissioners Pension Plan; amend .................. 770, 819, 867, 871, 3600 HB 1349-- Manufactured or mobile homes; notice of eviction; provisions............................................................................................. 814, 865 HB 1350-- Oconee County; board of commissioners; provide for terms.......................................................................................... 815, 865, 1347, 1350, 3080 HB 1351-- Murray County school district; homestead exemption; provisions.................................................................................. 815, 865, 1347, 1350, 1901, 3779 HB 1352-- Sales and use tax exemption; mining or quarrying; provisions............................................................................................. 815, 865 6512 INDEX HB 1353-- Uniform Environmental Covenants Act; enact.................................... 816, 865 HB 1354-- Catoosa County; tax commissioner; increase clerical allowance .................................................................................. 816, 865, 1347, 1351, 2087 HB 1355-- Clerks; certain printed records; delete requirement............................. 816, 865 HB 1356-- Title insurance; change certain provisions .......................................... 816, 865 HB 1357-- Medicine; prescription drugs; eliminate redundant language ............................................................................................... 817, 865 HB 1358-- Quality Basic Education Act; class size requirements; change provisions ..................................................................... 817, 865, 1620, 1723, 1728, 4665 HB 1359-- Georgia Assignment Pool Underwriting Authority; create ......................................................................................... 817, 865, 1497, 3234 HB 1360-- Houseboats; prohibition on certain lakes............................................. 818, 865 HB 1361-- Redevelopment Powers Law; change certain definitions......... 818, 865, 1859, 3154, 4666 HB 1362-- Disabled veterans; homestead exemption; increase .......................... 853, 1344 HB 1363-- Pulaski, Town of; mayor and councilmembers; provide authority .................................................................................. 854, 1344, 1380, 1381, 3080 HB 1364-- Handicapped persons; medicare prescription drug insurance plan; provisions ...................................................... 854, 1344, 1578, 2035 HB 1365-- County boards of equalization; certain appeal costs; change provisions .............................................................................. 854, 1344 HB 1366-- Leesburg, City of; municipal court; provide........................... 854, 1344, 1499, 1500, 4490 HB 1367-- Georgia State Board of Pharmacy; registry of pharmacy technicians; require .................................................................. 855, 1344, 2862 HB 1368-- Special license plate; beautification projects; provisions .................. 855, 1344 HB 1369-- Counties or municipal corporations; fraud, waste, and abuse; provisions................................................................................ 855, 1344 HB 1370-- HOPE scholarships and grants; change provisions ........................... 856, 1344 HB 1371-- The Pharmacy Audit Bill of Rights; enact.............................. 856, 1344, 2071, 3207, 4711, 4956, 5167, 5168, 5288, 5598, 6250 INDEX 6513 HB 1372-- State health benefit plans; termination of coverage; provisions................................................................................ 856, 1344, 1477, 2069, 3289, 4672, 5134, 5195, 5570, 5669, 6159, 6250 HB 1373-- Budgetary Responsibility Oversight Committee; repeal creation.................................................................................... 857, 1344, 1577, 2020, 4673, 5128, 5196, 5307 HB 1374-- Retail businesses; refunds on certain consumer purchases; require .............................................................................. 857, 1344 HB 1375-- Savannah, City of; redevelopment; authorize......................... 857, 1344, 1380, 1382, 3626 HB 1376-- Canines and felines; inoculation against rabies; change provisions........................................................................................... 858, 1344 HB 1377-- Cell phones; retail sale; require certain records................................. 858, 1344 HB 1378-- Sales and use tax; graduated exemption for biodiesel fuels; provide ..................................................................................... 858, 1344 HB 1379-- Hospital lien; 30 days after discharge; provide for notice.................................................................................................. 858, 1344 HB 1380-- Food; adulteration and misbranding; provide certain exemptions .............................................................................. 859, 1344, 1620, 2031, 5571, 6227 HB 1381-- Georgia Journeyman Electrician Licensing Act; enact ..................... 859, 1344 HB 1382-- Sales and use tax; transportation within special districts; authorize............................................................................................. 859, 1344 HB 1383-- Public officials; gifts and meals; create conflict of interest provisions .............................................................................. 860, 1344 HB 1384-- Sales and use tax exemption; certain sales of personal property; provisions ........................................................................... 860, 1344 HB 1385-- Building plan reviews; private professional providers; provisions................................................................................ 860, 1344, 1348, 1698, 2831, 5571, 6075 HB 1386-- Family burial plots; counties and municipal corporations; provide access.............................................................. 861, 1344 HB 1387-- Insurance premiums; gradual reduction in state tax; provide ............................................................................................... 861, 1344 HB 1388-- Ad valorem taxation exemption; certain charitable institutions; provide ........................................................................... 861, 1344 HB 1389-- Identity theft; security freeze on credit report; provisions............................................................................... 1339, 1379, 2072 6514 INDEX HB 1390-- State Board of Optometry; change certain provisions relating to creation ................................................................ 1339, 1379, 1458, 1667, 1671, 4717, 4739, 4795, 4809, 4831, 5519 HB 1391-- State Licensing Board for Residential and General Contractors; change provisions............................................. 1339, 1379, 2862, 3284 HB 1392-- Vehicles; noncommercial Class C license; agriculture products; certain penalties; provisions.................................. 1340, 1379, 1653, 2073, 3119, 5341, 5595 HB 1393-- Biodiesel fuel; define ............................................................. 1340, 1379, 2068 HB 1394-- Greensboro, City of; provide new charter ............................ 1340, 1379, 1858, 1869, 5280 HB 1395-- Alapaha Judicial Circuit; term of court; change .................... 1340, 1379, 2072 HB 1396-- Children; violation of curfew; 14 years of age or older; increase time of detention ................................................................ 1340, 1379 HB 1397-- Sales and use tax exemption; textbooks; provide .............................. 863, 1344 HB 1398-- Sales and use tax exemption; certain fuels; poultry; provide ............................................................................................... 863, 1344 HB 1399-- Magistrate's salary; waiver; provide ....................................... 863, 1344, 1641, 2818, 5342 HB 1400-- Special license plate; NASCAR; funds generated; provide for uses.................................................................................. 863, 1344 HB 1401-- Health care professionals; cultural competency; require continuing education.......................................................................... 864, 1344 HB 1402-- Certain building; state funds; sustainability standards; require ...................................................................................... 864, 1344, 3013 HB 1403-- Local option sales tax; new qualified municipalities; change provisions ................................................................... 864, 1344, 2075, 3412, 4828 HB 1404-- Commissioner of Agriculture; farmers' market; change provisions.............................................................................. 1341, 1379, 1577, 2026, 4666 HB 1405-- Workers' compensation; time frame for claim to be documented; require ............................................................. 1341, 1379, 1697, 2830, 4666 HB 1406-- Certain vehicles; penalties for passing; change provisions............................................................................... 1341, 1379, 1857 HB 1407-- Juveniles; homicide by vehicle; provisions ..................................... 1342, 1379 INDEX 6515 HB 1408-- Surgical services; circulating nurses; provide for requirements..................................................................................... 1342, 1379 HB 1409-- Electric membership corporations; document retention policy; require .................................................................................. 1342, 1379 HB 1410-- Employment security; self-employment assistance program; provide.............................................................................. 1373, 1496 HB 1411-- Local school superintendents; certain employment opportunities; prohibit...................................................................... 1374, 1496 HB 1412-- Certain government vehicles; clean and renewable fuels; require use................................................................... 1374, 1496, 1699, 3125, 4830, 5049, 5167, 5171, 5288, 5652 HB 1413-- Insurance coverage; therapeutically equivalent drugs; provide ............................................................................................. 1343, 1379 HB 1414-- Newton County; redevelopment; authorize .......................... 1374, 1496, 1642, 1643, 3524 HB 1415-- Newton County; community improvement districts; provide for creation............................................................... 1375, 1496, 1642, 1643, 3525 HB 1416-- Homestead option sales and use tax; proceeds; change method of disbursing ............................................................. 1375, 1496, 2863 HB 1417-- Administrative Office of the Courts; assist board of jury commissioners; allow ........................................................... 1375, 1496, 2072, 3152, 5554 HB 1418-- Georgia Methamphetamine Offender Registry; establish ..... 1376, 1496, 2072 HB 1419-- Patient's complaint; notice of investigation; provide............. 1376, 1496, 2072 HB 1420-- Commission for the Blind; create .................................................... 1376, 1496 HB 1421-- Criminal proceedings; notices and pleadings; change provisions ............................................................................. 1377, 1496, 2072, 3016, 4492, 4690, 6050 HB 1422-- Abandoned motor vehicles; possessory liens; provide.................... 1377, 1496 HB 1423-- Gwinnett County; superior court; change terms................... 1377, 1496, 2072, 3448, 4666 HB 1424-- Dogs; hunting; change certain provisions............................. 1484, 1576, 2068, 3473, 4829, 5046 HB 1425-- Health insurance plans; state employees; change provisions......................................................................................... 1485, 1576 HB 1426-- Excise tax; furnishing of public accommodations; provisions......................................................................................... 1485, 1576 HB 1427-- Power to attorney; care of a grandchild; provisions ........................ 1485, 1576 6516 INDEX HB 1428-- Calhoun, City of; school district ad valorem taxes; provisions.............................................................................. 1485, 1576, 1642, 1644, 4667 HB 1429-- Gordon County; school district ad valorem taxes; provisions.............................................................................. 1486, 1576, 1642, 1644, 4667 HB 1430-- State highway employees; indemnification; increase...................... 1486, 1576 HB 1431-- Public defenders; certain responsibilities; provisions ..................... 1486, 1576 HB 1432-- Woodstock, City of; councilmembers; power of eminent domain; provisions.................................................. 1487, 1576, 1642, 1645, 2880 HB 1433-- Dept. of Natural Resources; certain divisions; powers and duties; provisions ...................................................................... 1487, 1576 HB 1434-- Flowery Branch, City of; certain city employees; provisions.............................................................................. 1487, 1576, 1642, 1645, 3525 HB 1435-- Voting; persons with disabilities; provisions........................ 1488, 1576, 2007, 3052, 4667 HB 1436-- Wine; restaurant patrons; resealed partially consumed bottle; authorize .................................................................... 1488, 1576, 2072, 3131, 4673, 5043 HB 1437-- Insurance; actual charge; provide definition.................................... 1488, 1576 HB 1438-- Renewable energy; portfolio standard; implement.......................... 1489, 1576 HB 1439-- Firearms; unlawful confiscation; provisions ......................... 1489, 1576, 2072 HB 1440-- Telecommunications; customer's change order; provisions......................................................................................... 1489, 1576 HB 1441-- Individual development accounts; exclusions and tax credits; provide ................................................................................ 1490, 1576 HB 1442-- Natural gas; late fees or penalties; provisions ................................. 1490, 1576 HB 1443-- Red clay; Georgia's official dirt; designate............................ 1491, 1576, 1622 HB 1444-- Insurance; insolvencies; amend provisions .......................... 1491, 1576, 1697, 2844, 4829 HB 1445-- Prescription drugs; effects on pregnancy; provisions for pharmacist ............................................................................. 1492, 1576, 1698, 3137, 3139 HB 1446-- Contact Lens Consumer Protection Act; enact................................ 1570, 1641 HB 1447-- Illegal persons; mortgage loan; prohibit .......................................... 1571, 1641 HB 1448-- Baldwin, City of; corporate limits; change and extend ........ 1571, 1641, 3585, 3587, 5281 HB 1449-- Habersham County; board of education members; change provisions ................................................................. 1571, 1641, 1699, 1701, 2880 INDEX 6517 HB 1450-- Demorest, City of; ad valorem taxes; homestead exemption; provide ............................................................... 1571, 1641, 1699, 1701, 2880 HB 1451-- Long-term Care Partnership Program; revise certain definitions ............................................................................. 1492, 1576, 1857, 3256, 4673, 5009 HB 1452-- Property tax exemptions; applicant; change definition ......... 1492, 1576, 2075 HB 1453-- Yard trimming disposal restrictions; certain exemptions; provide......................................................................... 1572, 1641 HB 1454-- Taxable net income; compensation for wrongful conviction; provisions...................................................................... 1493, 1576 HB 1455-- Taxable net income; unreimbursed medical expenses; provisions......................................................................................... 1493, 1576 HB 1456-- Accident and sickness policy; renewability; age of dependent; provisions ........................................................... 1493, 1576, 2071, 3214, 4674, 4945 HB 1457-- Gwinnett County; State Court; change terms ....................... 1572, 1641, 1699, 1701, 3717 HB 1458-- Education; current uniform reporting system; continue .................. 1493, 1576 HB 1459-- Community Health; certain prescription drugs and healthcare products; state health plans; coverage............................ 1494, 1576 HB 1460-- Shrimp and shrimping; lawful methods of; size of cast nets; change provisions......................................................... 1494, 1576, 1856, 3218 HB 1461-- Georgia Civil Practice Act; change provisions................................ 1495, 1576 HB 1462-- Counties and municipal corporations; certificates and medallions; amend provisions ......................................................... 1495, 1576 HB 1463-- White-tailed deer; confinement of; certain prohibitions.................. 1495, 1576 HB 1464-- PeachCare for All Kids Act; enact................................................... 1572, 1641 HB 1465-- Sexual offenses; forfeiture procedure for motor vehicles used in; amend provisions ..................................................... 1573, 1641, 2072 HB 1466-- Emergency telephone number 9-1-1 system; define certain terms..................................................................................... 1573, 1641 HB 1467-- Workers' compensation; exclusion for employers; maritime employment; provisions ................................................... 1573, 1641 HB 1468-- Agriculture industry; vermiculture; provisions ............................... 1574, 1641 HB 1469-- Willacoochee, City of; gross receipts tax; authorize ............ 1574, 1641, 1699, 1701, 3525 HB 1470-- Milton, City of; provide charter............................................ 1574, 1621, 1641, 1909, 3080 HB 1471-- State fire marshal; local governments; investigatory authority; change provisions............................................................ 1629, 1695 6518 INDEX HB 1472-- Mental illness; privatization of one or more state facilities; require .................................................................... 1629, 1695, 2070 HB 1473-- Social Security Act; certain waivers; require prior legislative approval ............................................................... 1630, 1695, 2069, 3087, 3396, 5499, 5507, 5666, 5670 HB 1474-- Monroe, City of; quorum requirements; revise provisions.............................................................................. 1630, 1695, 1858, 1893, 3800 HB 1475-- Ellijay, City of; corporate limits; change.............................. 1630, 1695, 1858, 1893, 3627 HB 1476-- Twiggs County; county exemption and income limitation; increase................................................................ 1631, 1695, 1858, 1894, 5281 HB 1477-- Darien, City of; provide new charter .................................... 1631, 1695, 1858, 1894, 5281 HB 1478-- Demorest, City of; provide new charter ............................... 1631, 1695, 1858, 1895, 3525 HB 1479-- Rincon, City of; provide new charter ................................... 1632, 1695, 1858, 1895, 3081 HB 1480-- Oconee County; Board of Education; provisions ................. 1632, 1695, 1858, 1895, 3081 HB 1481-- Bartow County; Board of Commissioners; create ................ 1632, 1695, 1858, 1895, 4490 HB 1482-- Juvenile court; general public; admit to hearings............................ 1633, 1695 HB 1483-- Quality Basic Education Act; salary schedules; amend provisions.............................................................................. 1633, 1695, 2069, 3141, 4667 HB 1484-- Personal insurance; insurable interest; clarify circumstances........................................................................ 1633, 1695, 2071, 3254, 4829 HB 1485-- Dept. of Juvenile Justice; Dept. of Human Resources; children in custody; change provisions.................................. 1634, 1695, 2069 HB 1486-- Waste disposal facilities; certain granting permits; prohibit............................................................................................. 1634, 1695 HB 1487-- State Road and Tollway Authority; sales and use tax; provisions......................................................................................... 1634, 1695 HB 1488-- Hunting; unlawful use of substances and equipment; change provisions .................................................................. 1635, 1695, 1856 HB 1489-- Cervids; importation; prohibit ............................................... 1635, 1695, 1856 HB 1490-- State park lakes; watercraft; change provisions.................... 1635, 1696, 2049, 2070, 3264, 4833, 5032 INDEX 6519 HB 1491-- Education; required school day per year; provisions....................... 1636, 1696 HB 1492-- Superior Court; clerk; lien; provisions ............................................ 1636, 1696 HB 1493-- Sales and use taxes; unincorporated islands; provisions ................. 1636, 1696 HB 1494-- Morgan County; board of elections and registration; create ..................................................................................... 1686, 1856, 2074, 2076, 3718 HB 1495-- Bonds; reporting requirements; change certain provisions............................................................................... 1638, 1696, 2075 HB 1496-- Waycross and Alapaha Judicial Circuits; term of court; change ................................................................................... 1638, 1695, 2072, 3049, 4668 HB 1497-- Vicious dogs; requirements for owners; provide.................. 1639, 1695, 2072, 3449, 5519 HB 1498-- Medicaid; estate recovery; provisions ............................................. 1639, 1695 HB 1499-- Sumter County; duties of district attorney of judicial circuit; provide...................................................................... 1687, 1856, 2074, 2077, 4490 HB 1500-- Juvenile proceedings; designated felony acts; create different standards............................................................................ 1687, 1856 HB 1501-- Alcoholic beverages; local ordinances; provide certain limits for fines....................................................................... 1688, 1856, 2072, 3482, 4843, 5273 HB 1502-- State revenue commissioner; property appraisal and assessment; provide .............................................................. 1688, 1856, 2075, 3193, 5499 HB 1503-- White County; Magistrate Court; technology fee; authorize................................................................................ 1688, 1856, 2074, 2077 HB 1504-- White County; Probate Court; technology fee; authorize .... 1689, 1856, 2074, 2077 HB 1505-- Taxicabs; certain safety equipment; provisions............................... 1689, 1856 HB 1506-- Sales and use tax; penalties; provisions................................ 1639, 1695, 2075, 3260, 4830 HB 1507-- Prescription drugs; pricing structure; prohibit prior authorization .................................................................................... 1640, 1695 HB 1508-- Municipality or county; earthquakes; provide governing authority ........................................................................................... 1689, 1856 HB 1509-- Workers' compensation; fee schedule; promulgation of standards; require............................................................................. 1640, 1695 HB 1510-- Patient records; certain individuals; authorize to obtain ................. 1689, 1856 HB 1511-- State income tax; certain unemployment compensation; provide for exclusion ....................................................................... 1690, 1856 6520 INDEX HB 1512-- 911 calls; unlawful conduct; provide for crime............................... 1690, 1856 HB 1513-- Public Service Commission; certain communications; prohibit............................................................................................. 1690, 1856 HB 1514-- DeKalb County; duties of sheriff; provisions....................... 1691, 1856, 2074, 2078, 5060 HB 1515-- Glynn County; community improvement district; create ..... 1691, 1856, 2074, 2078, 3526 HB 1516-- Special elections; bonds; sales and use taxes; provisions................ 1843, 2067 HB 1517-- Insurance; accident and sickness market; promote.......................... 1844, 2067 HB 1518-- Local board of education; breach of security; require written notification........................................................................... 1844, 2067 HB 1519-- Dudley, City of; corporate limits; change............................. 1844, 2067, 2862, 2864, 3718 HB 1520-- Contractors; licensing; examination; extend date............................ 1844, 2067 HB 1521-- Dublin, City of; corporate limits; change ............................. 1845, 2067, 2862, 2865, 3718 HB 1522-- East Dublin, City of; corporate limits; change ..................... 1845, 2067, 2862, 2865, 3718 HB 1523-- Banks County; school district ad valorem taxes; homestead exemption; provide ............................................. 1845, 2068, 2862, 2865, 3600 HB 1524-- Banks County; school district ad valorem taxes; homestead exemption; provide ............................................. 1846, 2068, 2862, 2866, 3600 HB 1525-- Banks County; school district ad valorem taxes; homestead exemption; provide ............................................. 1846, 2068, 2862, 2866, 3600 HB 1526-- Stephens County; ad valorem taxes; homestead exemption; provide ............................................................... 1846, 2068, 2862, 2866, 3601 HB 1527-- Banks County; ad valorem taxes; homestead exemption; provide ............................................................... 1846, 2068, 2862, 2867, 3601 HB 1528-- Banks County; school district ad valorem taxes; homestead exemption; provide ............................................. 1847, 2068, 3066, 3068, 5569 HB 1529-- Stephens County; school district ad valorem taxes; homestead exemption; provide ............................................. 1847, 2068, 2862, 2867, 3601 HB 1530-- Stephens County; disabled veterans; homestead exemption; provide ............................................................... 1847, 2068, 2862, 2867, 3601 INDEX 6521 HB 1531-- Stephens County; service members killed in action; homestead exemption; provide ............................................. 1848, 2068, 2862, 2867, 3602 HB 1532-- Stephens County; service members killed in action; homestead exemption; provide ............................................. 1848, 2068, 2862, 2868, 3602 HB 1533-- Stephens County; board of commissioners; amend.............. 1848, 2068, 2862, 2868, 3602 HB 1534-- Stephens County; disabled veterans; homestead exemption; provide ............................................................... 1849, 2068, 2862, 2869, 3602 HB 1535-- Motor vehicle; pawn transactions; interest rates; define ................. 1849, 2068 HB 1536-- Mass transportation system; transfers between agencies; provisions......................................................................................... 1692, 1856 HB 1537-- Leases; contracts; agreements; additional requirements; provide ............................................................................................. 1849, 2068 HB 1538-- Construction contracts; insurance coverage; provisions.................. 1849, 2068 HB 1539-- Insurance fraud; certificate of insurance; provisions....................... 1850, 2068 HB 1540-- Periodic tax expenditure reports; provide........................................ 1850, 2068 HB 1541-- Contract of insurance; public policy; provisions............................. 1850, 2068 HB 1542-- Contractors; licensing requirements; extend date................. 1693, 1856, 2862, 3466, 4668 HB 1543-- Assault; prosecuting attorney; provide for increased penalties ........................................................................................... 1851, 2068 HB 1544-- Rockdale County; Magistrate Court; certain qualifications; provide .......................................................... 1851, 2067, 2862, 2869, 4668 HB 1545-- Union City, City of; redevelopment; authorize .................... 1851, 2067, 2862, 2869, 4668 HB 1546-- Licensed soil scientists; evaluations and reports; provisions............................................................................... 1693, 1856, 2073 HB 1547-- Solid waste management; permits; change certain provisions............................................................................... 1694, 1856, 2073 HB 1548-- Speed detection devices; certain grade of highway; remove restriction ............................................................................ 1852, 2067 HB 1549-- Hazardous sites; prequalifications and licensing; provisions......................................................................................... 1694, 1856 HB 1550-- Georgia Brownfields Rescue, Redevelopment, Community Revitalization, and Environmental Justice Act; enact ......................................................................................... 1694, 1856 HB 1551-- Georgia Public Revenue Code; amend ............................................ 1695, 1856 HB 1552-- Death penalty; majority vote of jurors; provisions .......................... 1852, 2067 6522 INDEX HB 1553-- Adult video stores; state licenses; require ....................................... 1852, 2067 HB 1554-- Clayton, City of; corporate limits; change............................ 1852, 2067, 2862, 2869, 3603 HB 1555-- Stockbridge, City of; new charter; provide........................... 1853, 2067, 2862, 2870 HB 1556-- Manufactured or mobile homes; storage charges; provisions............................................................................... 2060, 2860, 2861 HB 1557-- Collins, City of; limitations on terms of service; repeal provision ............................................................................... 2061, 2860, 3066, 3070, 3627 HB 1558-- Sylvania, City of; corporate boundaries; change.................. 2061, 2860, 3066, 3070, 3719 HB 1559-- Guyton, City of; new charter; provide.................................. 2061, 2860, 3066, 3071, 4709 HB 1560-- Miller County; State Court; judge and solicitor-general; change compensation............................................................ 2061, 2860, 3066, 3071, 5281 HB 1561-- Randolph County; Probate Court; clerk; provisions............. 2062, 2860, 3066, 3071, 5282 HB 1562-- Richland, City of; corporate limits; change.......................... 2062, 2860, 3066, 3072, 4491 HB 1563-- Criminal trial; arrest record expunged; provisions .......................... 1853, 2068 HB 1564-- Motor vehicles; salvaged or rebuilt; change certain provisions......................................................................................... 1853, 2068 HB 1565-- Credit card banks and domestic lenders; employees; require background checks .............................................................. 1854, 2068 HB 1566-- Blue Ridge Judicial Circuit; amount of compensation; increase ................................................................................. 1854, 2068, 2862, 2872, 4491 HB 1567-- Red drum; official state salt-water fish; designate ................ 1854, 2068, 2070 HB 1568-- Health care insurer; certain health benefit plans; authorize........................................................................................... 2062, 2860 HB 1569-- Silver medallions; use in financial transactions; require issuance............................................................................................ 2062, 2860 HB 1570-- Alcovy Judicial Circuit; superior court judges; increase salary supplement ................................................................. 2063, 2860, 3585, 3587, 3800 HB 1571-- Middle grades program; funding; provisions .................................. 2063, 2860 HB 1572-- Bell-Forsyth Judicial Circuit; Superior Court; provide salary supplement ................................................................. 2063, 2860, 3066, 3072, 3800 INDEX 6523 HB 1573-- Flowery Branch, City of; corporate limits; establish............ 2063, 2860, 3066, 3072, 5060 HB 1574-- Forsyth County; civil service system; exempt certain employees ............................................................................. 2064, 2860, 3066, 3072, 3801 HB 1575-- Hall County, City of Gainesville, City of Buford; tax proceeds for educational purposes; distribution ................... 2064, 2860, 3066, 3073, 5060 HB 1576-- Forsyth County; solicitor-general; change provisions.......... 2064, 2860, 3066, 3073 HB 1577-- Adairsville, City of; ad valorem taxes; homestead exemption; provide ............................................................... 2064, 2860, 3066, 3073, 5282 HB 1578-- Adairsville, City of; homestead exemption; disabled residents; provisions ............................................................. 2065, 2860, 3066, 3074, 5282 HB 1579-- Adairsville, City of; homestead exemption; 65 years of age or older; provisions......................................................... 2065, 2860, 3066, 3074, 5282 HB 1580-- Adairsville, City of; homestead exemption; certain age and income; provisions ......................................................... 2065, 2860, 3066, 3074, 5282 HB 1581-- Coweta County; board of education; group medical insurance; provisions ............................................................ 2066, 2860, 3066, 3075, 5283 HB 1582-- Mental health care; declaration to appoint agent; authorize........................................................................................... 2066, 2860 HB 1583-- Coffee County; employment of marshals; provide............... 2853, 3065, 3508, 3509, 3801 HB 1584-- Morgan County Building Authority; create.......................... 2853, 3065, 3508, 3509, 3719 HB 1585-- Brunswick-Glynn County Joint Water and Sewer Commission; create............................................................... 2854, 3065, 3585, 3587, 3802, 4898 HB 1586-- Brunswick, City of; nomination of candidates; change provisions.............................................................................. 2854, 3065, 3508, 3510, 5283 HB 1587-- Public meetings; change certain provisions..................................... 2854, 3065 HB 1588-- Property; railroad corporations or companies; clarify scope of provisions .......................................................................... 2855, 3065 HB 1589-- State Transportation Board; terms of members; change ................. 2855, 3065 HB 1590-- Sales and use tax; distribution and expenditure of proceeds; change provisions ............................................................ 2067, 2861 6524 INDEX HB 1591-- Ball Ground, City of; redevelopment; authorize .................. 2855, 3065, 3508, 3510, 4709 HB 1592-- Municipal corporations; referendum approval; require................... 2856, 3065 HB 1593-- Renewable energy; voluntary portfolio standard goods; provide ............................................................................................. 2856, 3065 HB 1594-- Lower Chattahoochee Regional Airport Authority; create ..................................................................................... 2856, 3065, 3508, 3510, 5283 HB 1595-- Rezoning; building permits; moratorium; provide for hearings............................................................................................ 2857, 3065 HB 1596-- State properties; administrative space management; change provisions ............................................................................ 2857, 3065 HB 1597-- Burke County; board of education; election; provide .......... 2857, 3065, 3508, 3511, 4709 HB 1598-- Department of Transportation; turn lanes based on daily volume; not require.......................................................................... 2858, 3065 HB 1599-- Early care and education programs; five-star rating system; provide ................................................................................ 2858, 3065 HB 1600-- Carroll County; board of education; reconstitute ................. 3061, 3507, 3557, 3558, 4669 HB 1601-- Elective office; candidates; establish code of conduct .................... 3062, 3507 HB 1602-- State income tax; certain cancer funds; change provisions......................................................................................... 3062, 3507 HB 1603-- Chatham County; Savannah, City of; Board of Public Education; modify compensation ......................................... 3062, 3507, 3557, 3559, 5284 HB 1604-- Criminal background checks; fingerprint comparisons; authorize........................................................................................... 3062, 3507 HB 1605-- Alcoholic beverages; local government authorization; eliminate provisions......................................................................... 2859, 3065 HB 1606-- Medicaid; nursing homes; personal needs allowance; set minimum amount ....................................................................... 2860, 3065 HB 1607-- Elections and primaries; candidates; provisions.............................. 3063, 3507 HB 1608-- Paulding County; Board of Commissioners; change compensation ........................................................................ 3063, 3507, 3557, 3559, 3801 HB 1609-- Washington, City of; corporate limits; change and extend.................................................................................... 3063, 3507, 3557, 3559, 3801 HB 1610-- Winder, City of; corporate limits; change ............................ 3504, 3555, 3585, 3595, 3801 INDEX 6525 HB 1611-- Catoosa County; board of elections; correct terms of office ..................................................................................... 3505, 3555, 3585, 3595, 5284 HB 1612-- Catoosa County; board of utilities commissioners; provide limit on terms........................................................... 3505, 3555, 3585, 3595, 4491 HB 1613-- Forsyth County; State Court; compensation of judges; change ................................................................................... 3505, 3555, 3585, 3595, 4491 HB 1614-- Glennville, City of; corporate limits; change ....................... 3505, 3555, 3585, 3596, 4492 HB 1615-- Clayton County Commission on Children and Youth; establish ................................................................................ 3506, 3555, 3585, 3596, 4492 HB 1616-- Walker County; ad valorem taxes; homestead exemption; provide ............................................................... 3506, 3555, 3585, 3596, 4493, 4905 HB 1617-- Clayton County; Heritage Trail Commission; create ........... 3506, 3555, 3585, 3597, 4492 HB 1618-- DeKalb County; district services; remove ad valorem taxes ................................................................................................. 3506, 3555 HB 1619-- Barbershop; license requirements; change certain provisions......................................................................................... 3553, 3583 HB 1620-- Lithonia, City of; new charter; provide ................................ 3553, 3583, 3619, 3620, 4669 HB 1621-- Jenkins County; board of education; nonpartisan election; provide ................................................................... 3553, 3583, 3619, 3623, 4710 HB 1622-- Screven County; board of education; compensation; change provisions ................................................................. 3553, 3583, 3619, 3621, 4710 HB 1623-- Brantley County; board of elections and registration; create ..................................................................................... 3554, 3583, 3619, 3621, 5284 HB 1624-- Tift County; State Court; judge engaging in practice of law; prohibit.......................................................................... 3554, 3583, 3619, 3621, 4492 HB 1625-- State Board of Education; military recruitment; notify of right to opt out ............................................................................. 3554, 3583 HB 1626-- Guyton, City of; corporate limits; change ............................ 3555, 3583, 3619, 3622, 4669 6526 INDEX HB 1627-- Lee County Parks and Recreation Authority; terms for members; provide ................................................................. 3580, 3617, 3707, 3709, 4669 HB 1628-- Troup County; Board of Commissioners; provide for meetings ................................................................................ 3581, 3617, 3794, 3796, 4710 HB 1629-- Lee County Utilities Authority; terms for members; provide .................................................................................. 3581, 3617, 3707, 3710, 4670 HB 1630-- Lee County; members of local authorities; provide for terms...................................................................................... 3581, 3617, 3707, 3710, 4670 HB 1631-- Woodstock Area Convention and Visitors Bureau Authority; create ................................................................... 3581, 3617, 4458, 4460, 5060 HB 1632-- Historic Milan Railroad Depot Museum Authority; create ..................................................................................... 3582, 3617, 3707, 3710, 5060 HB 1633-- Bryan County; ad valorem taxes; homestead exemption; 65 or older; provide............................................................... 3582, 3617, 3707, 3711, 4710 HB 1634-- Bryan County; ad valorem taxes; homestead exemption; provide .................................................................................. 3582, 3617, 3707, 3711, 4711 HB 1635-- Early County; Magistrate Court; technology fee; authorize................................................................................ 3615, 3703, 3794, 3796 HB 1636-- Cobb County; office of tax commissioner; change compensation ........................................................................ 3616, 3703, 3794, 3796, 5554 HB 1637-- Habersham County; Juvenile Court; technology fee; authorize................................................................................ 3695, 3791, 4458, 4467 HB 1638-- Habersham County; State Court; technology fee; authorize................................................................................ 3695, 3791, 4458, 4467 HB 1639-- Habersham County; Probate Court; technology fee; authorize................................................................................ 3695, 3791, 4458, 4467 HB 1640-- Habersham County; Magistrate Court; technology fee; authorize................................................................................ 3695, 3791, 4458, 4468 INDEX 6527 HB 1641-- Webster County; Probate Court; authority of judge; provisions.............................................................................. 3696, 3791, 4458, 4468, 5284 HB 1642-- Webster County; Magistrate Court; authority of chief magistrate; provisions ........................................................... 3696, 3791, 4458, 4468, 5285 HB 1643-- Glascock County; Magistrate Court; probate judge; provisions.............................................................................. 3696, 3791, 4458, 4468, 5285 HB 1644-- McIntosh County; board of elections and registration; create ..................................................................................... 3696, 3791, 4458, 4469, 5285 HB 1645-- Northeastern Judicial Circuit Public Defender Study Commission; create............................................................... 3697, 3791, 4458, 4504, 5285 HB 1646-- Dodge County Hospital Authority; appointments to fill vacancies; provisions ............................................................ 3697, 3791, 4458, 4469, 5286 HB 1647-- Oconee County; homestead exemption; 65 years or older; provide........................................................................ 3697, 3791, 4458, 4469, 5061 HB 1648-- Oconee County; homestead exemption; 65 years or older; provide........................................................................ 3697, 3791, 4458, 4470, 5061 HB 1649-- Prosecuting attorneys; involuntary retirement; provisions......................................................................................... 3698, 3792 HB 1650-- Ware County; board of elections and registration; create .... 3698, 3792, 4458, 4470, 5061 HB 1651-- Satilla Regional Water and Sewer Authority; members; provisions.............................................................................. 3698, 3792, 4458, 4470, 5062 HB 1652-- Alpharetta, City of; annexation of certain property; provide .................................................................................. 3699, 3792, 4458, 4471, 5062 HB 1653-- Catoosa County; Board of Education; compensation of members; increase................................................................. 3699, 3792, 4458, 4471, 5286 HB 1654-- Bryan County; homestead exemption; 65 years or older; provide .................................................................................. 3699, 3792, 4458, 4471, 5286 HB 1655-- Pembroke, City of; homestead exemption; 65 years or older; provide........................................................................ 3700, 3792, 4458, 4472, 5286 6528 INDEX HB 1656-- Richmond Hill, City of; homestead exemption; 65 years or older; provide.................................................................... 3700, 3792, 4458, 4472, 5286 HB 1657-- Clayton County Missing Children Bureau; create................. 3700, 3792, 4717 HB 1658-- Alma, City of; council districts; change number and description............................................................................. 3700, 3792, 4717, 4737, 5287 HB 1659-- Bacon County; Board of Commissioners; districts; provide ............................................................................................. 3701, 3792 HB 1660-- Bacon County; board of elections and registration; create ..................................................................................... 3701, 3792, 4458, 4505, 5287, 5452 HB 1661-- Baxley, City of; corporate limits; deannexation; provisions.............................................................................. 3701, 3792, 4458, 4472, 5287 HB 1662-- Effingham County; board of commissioners; advisory referendum; provide.............................................................. 3702, 3791, 4458, 4473, 5062 HB 1663-- Education; certain state funded high school courses; provide ............................................................................................. 4456, 4657 HB 1664-- Heard County; homestead exemption; educational purposes; provide............................................................................. 4656, 4836 HB 1665-- Georgia Investment Fraud Prevention Board; establish ............................ 5177 HB 1666-- Identity Theft Prevention Board; provide for establishment ............................................................................................. 5178 HB 1667-- State income tax; abolish ........................................................................... 5178 PART III HOUSE RESOLUTIONS HR 1-- Ad valorem tax; limitations on millage rate or valuation increases - CA................................................................................... No Action 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................................................................................... No Action HR 4-- Ad valorem tax; limitations on millage rate or valuation increases - CA.............................................................................. Prefiled Only HR 5-- Fair Tax Act; urge Congress to enact ............................................... No Action HR 6-- Law enforcement and correctional agencies; urge suspending use of electroshock devices ........................................... No Action HR 7-- Persons convicted of certain felonies; voting provisions; prohibitions - CA .............................................................................. No Action HR 8-- Division I-A football playoff system; urge NCAA implement ......................................................................................... No Action HR 9-- Ad valorem tax; limitations on millage rate or valuation increases - CA.............................................................................. Prefiled Only HR 13-- Dooley-Sanford Stadium; designate at University of Georgia.............................................................................................. No Action HR 25-- House; apportion as single member districts - CA ........................... No Action HR 26-- Real estate transfer and intangible recording taxes; increase and allocate revenue - CA................................................... No Action HR 27-- Clayton County Police Department; invite to House ....................... No Action HR 28-- Clayton County Police Department's Highway Enforcement Against Traffic unit and captain Tom Israel; invite members to House ....................................................... No Action HR 29-- English; official language of US government; urge Congress enact .................................................................................. No Action HR 30-- Peace Officers' Annuity and Benefit Fund; retirement credit; funding - CA......................................................................... 2073, 3409 HR 49-- House of Representatives; apportionment; single member districts - CA....................................................................... No Action HR 58-- Property tax for education; replace with sales tax - CA ................... No Action HR 60-- Education; state accountability plan; urge inclusion of social studies ..................................................................................... No Action HR 61-- Education; state accountability plan; urge inclusion of science............................................................................................... No Action 6530 INDEX HR 64-- House of Representatives; single-member districts - CA.............. 36, 721, 771 HR 65-- National Guard or reserves; financial assistance to certain resident families - CA ........................................................... No Action HR 70-- Miller-Coverdell Legislative Office Building; naming .................... No Action HR 72-- Dent-Daugherty-Hamilton Legislative Office Building; rename Legislative Office Building.................................................. No Action HR 80-- Grace Towns Hamilton portrait; return to place of distinction.......................................................................................... No Action HR 84-- Valdosta State University's Peach State Summer Theatre; designate official musical theatre ........................................ 735, 1612 HR 85-- Ad valorem tax; appraisal value; owner's acquisition cost - CA ........................................................................................... No Action HR 86-- B & A Construction Company, Inc.; compensate ............................ No Action HR 87-- Property; condemnation power; limitations - CA............................. No Action HR 89-- Professional athletes; urge proper conduct and good sportsmanship ................................................................................... No Action HR 90-- Pari-mutuel betting; remove prohibition; taxation; dedication of revenue - CA............................................................... No Action HR 93-- Sales tax on food and beverage; fund relief from ad valorem tax - CA............................................................................... No Action HR 95-- Scott, Samuel H.; compensate .......................................................... No Action HR 96-- Echols, Douglas; compensate ........................................................... No Action HR 109-- Rules of the House; amend ............................................................... No Action HR 132-- Abuse of tort law against firearm industry; urge Congress end..................................................................................... No Action HR 133-- Death tax; urge congressional delegation work to abolish............................................................................................... No Action HR 160-- Local boards of education; reimburse expenses of certain elections - CA ....................................................................... No Action HR 161-- Deaths of persons confined in jails; urge investigations .................. No Action HR 162-- Ad valorem tax; limitations upon rate of increase in value - CA.................................................................................................. 1622 HR 163-- White, Meredith; invite to House ..................................................... No Action HR 167-- President's Supreme Court nominees; urge Georgia U.S. Senators to support............................................................................ No Action HR 168-- Public transportation; governmental function; create corporation or authority - CA ........................................................... No Action HR 169-- Joint Study Committee on the Use of Dry Cleaning Solvents; create ................................................................................. No Action HR 170-- Joint Solid Waste Trust Fund Study Committee; create................... No Action HR 171-- PeachCare; enroll children of public employees; urge congressional action.......................................................................... No Action INDEX 6531 HR 195-- Glover, Kristan; invite to House....................................................... No Action HR 197-- House Study Committee on Public Retirement Fund Investment in Venture Capital; create .............................................. No Action HR 200-- Baxter Shavers Memorial Intersection; designate ............................ No Action HR 202-- Youth Leadership Henry; invite members to House ........................ No Action HR 216-- Georgia's military installations; urge President and Congress consider importance.......................................................... No Action HR 217-- Long-term or self-directed care initiative; urge Medicare and Medicaid approve waiver requests ............................ No Action HR 228-- Four-year college in Gwinnett County; approve creation ................ No Action HR 229-- REACH for Wellness Day; proclaim February 26, 2005, at Capitol; invite representatives to House ............................. No Action HR 238-- Charles Bradley Mullis Memorial Bridge; designate ....................... No Action HR 252-- United States Border Patrol; express gratitude and support .............................................................................................. No Action HR 253-- National Eating Disorders Awareness Week; recognize February 19-28, 2005........................................................................ No Action HR 254-- Lovejoy to Atlanta rail project; obligation of state; operating subsidy agreements........................................................... No Action HR 256-- Illegal aliens; bar from receiving public funded services - CA................................................................................................... No Action HR 268-- Woods, Candler; invite to House...................................................... No Action HR 270-- Task Force to Study Consumer Protection Provisions in the Georgia Insurance Code; create.................................................. No Action HR 278-- Delta Sigma Theta Day; declare March 9, 2005; invite representatives to House ................................................................... No Action HR 280-- Frank G. Harris Memorial Highway; designate ............................... No Action HR 297-- Reece, Byron Herbert; honor as "Georgia's Appalachian Poet/Novelist" ................................................................................... No Action HR 300-- Bill of Rights for Children in Foster Care; urge discussion by Department of Human Resources and child advocates.................................................................................. No Action HR 301-- Capital Punishment Study Commission; create................................ No Action HR 337-- Rotary International; invite certain district governors to House ................................................................................................ No Action HR 341-- Electronic Control Device ad hoc committee; urge continuation ...................................................................................... No Action HR 365-- School health and physical education support program; license plates - CA ............................................................................ No Action HR 366-- Food stamps; urge Department of Human Resources eliminate vehicle asset test................................................................ No Action 6532 INDEX HR 369-- House Study Committee on Nutrition and Obesity of Children; create................................................................................. No Action HR 385-- Peace Officers' Annuity Benefit Fund; credit for service prior to 1/1/76 - CA .......................................................................... No Action HR 386-- Community Development Block Grant Program; urge support ....................................................................................................... 1578 HR 387-- Healthy Living Month; declare during November ........................... No Action HR 391-- Violence Against Women Act; urge Georgia Congressional Delegation to reauthorize.......................................... No Action HR 393-- Parson H. F. Joyner Memorial Bridge; dedicate in Rome................................................................................................. No Action HR 394-- Chip Riddle Memorial Bridge; dedicate in Rome ............................ No Action HR 395-- Teacher education; urge inclusion of health and physical education courses ............................................................... No Action HR 407-- Charles, Ray; condolences; Jamie Foxx, star of the movie RAY; invite to House ............................................................ No Action HR 408-- Negro Branch in Brooks County; rename Pride Branch ................... 689, 1653 HR 410-- House Study Committee on Reporting Requirement for Local School Systems; create .......................................................... 1641, 5063 HR 411-- Open records and open meetings; local and state governments; exceptions - CA.......................................................... No Action HR 412-- The Emergency Food Assistance Program; food distribution; urge Department of Human Resources raise eligibility level.......................................................................... No Action HR 413-- Harry H. Eason; Micajah Clark Dyer; Mr. J. Lucius Black; dedications and designations....................................... 867, 2041, 5098, 5265 HR 414-- Missing disabled adults; alert system; urge coordination by certain entities .............................................................................. No Action HR 415-- Budget proposals damaging to certain veterans; urge Congress oppose ............................................................................... No Action HR 416-- Rules of House; amend Rule 50 ....................................................... No Action HR 430-- Tourism; urge state to promote with website on license plates ................................................................................................. No Action HR 443-- Joint Study Committee on the HOPE Scholarship Program; create ................................................................................. No Action HR 445-- Voting Rights Act; urge President and Congress to extend and expand ............................................................................ No Action HR 446-- Voting Rights Act; urge President and Congress to extend................................................................................................ No Action HR 484-- Reverend George Vandiver Memorial Bridge; designate ......................... 3619 HR 485-- Adam Poole Vandiver Memorial Bridge; designate.................................. 3619 INDEX 6533 HR 489-- House Study Committee on Georgia's Oral Health; create ................................................................................................. No Action HR 490-- Joint House-Senate Study Committee on the Restructuring of Georgia's Criminal Penalties; create...................... No Action HR 491-- Renewable and recovered resources and energy policy; recognize as issue of vital importance .............................................. No Action HR 492-- Community Living Services Joint Study Committee; create ................................................................................................. No Action HR 513-- National alert system; missing adults; urge Congress enact ........................................................................................................... 1578 HR 514-- Morningside Elementary School; invite principal to House ................................................................................................ No Action HR 519-- House Study Committee on Parimutuel Betting on Horse Racing; create......................................................................... No Action HR 536-- Mobile phone usage in motor vehicles; Public Service Commission regulate - CA ............................................................... No Action HR 537-- Sale of aviation fuel; fund regional airport facilities; urge DOT .......................................................................................... No Action HR 568-- NASCAR Hall of Fame; urge to locate in Atlanta ........................... No Action HR 570-- Bill Elliott Day in Georgia; designate October 8 annually............................................................................................. No Action HR 571-- Harry H. Eason Bridge; designate .................................................... No Action HR 604-- Hephzibah High School students, teachers, and administrators; invite to House......................................................... No Action HR 606-- House Study Committee on Coroners' Compensation; create ............................................................................................................ 734 HR 634-- Ad valorem tax; tangible property; eliminate - CA .......................... No Action HR 675-- Stroke care for all residents; recognize need for improved system ............................................................................... No Action HR 676-- Pilot performance based asset maintenance project; urge Department of Transportation initiate ...................................... No Action HR 678-- Board of Regents and Association of Governing Boards; urge consultations................................................................ No Action HR 722-- Blue Ribbon Committee on Jekyll Island; encourage governor to appoint........................................................................... No Action HR 723-- Reverend George Vandiver Memorial Bridge; designate ................ No Action HR 724-- US-Dominican Republic-Central America Free Trade Agreement; urge Congress pass........................................................ No Action HR 730-- Free Trade Area of the Americas; urge Congress to vote against ............................................................................................... No Action HR 754-- Colquitt, City of; Georgia's First Mural City; designate .................. No Action 6534 INDEX HR 765-- House City of Fairview Incorporation Study Committee; create ............................................................................. No Action HR 772-- University System of Georgia; urge closure on election day; encourage students to work at polls.......................................... No Action HR 773-- Sales tax for educational purposes; authorization under certain conditions - CA .................................................................... 1859, 2907 HR 774-- House Study Committee on Health Care Bonds; create................... No Action HR 775-- House Study Committee on Teleworking; create............................. No Action HR 820-- Capitol Avenue lane usage; urge Department of Transportation, City of Atlanta, and Capitol Police conduct study .................................................................................... No Action HR 821-- Vandiver, Governor Samuel E., Jr.; recommend naming building on University of Georgia campus................................ 26, 1666, 3038 HR 822-- Mortgage brokers; urge Governor and Department of Banking and Finance oversee ........................................................................ 26 HR 823-- Hydrogen Fuel Cell Corridor; Workforce Training and Technology Certification; urge creation........................................................ 26 HR 824-- Admiral John Henry Towers; portrait in state capitol ................................... 26 HR 825-- Joseph Jones, Sr., Bridge; designate.............................................................. 26 HR 855-- Supreme Court, Appeals Court, superior and state courts; judges; partisan elections - CA .......................................................... 26 HR 902-- Voluntary school prayer; public religious speech; urge Congress amend U. S. Constitution............................................................... 26 HR 903-- Low-interest mortgage loans for certain government employees; provide - CA ............................................................................... 26 HR 904-- Ten Commandments; support and commend public display............................................................................................... No Action HR 905-- Ellis, Linda C.; commend ................................................................. No Action HR 906-- Pacer, Kerry; commend .................................................................... No Action HR 907-- Boykin, Berl; commend.................................................................... No Action HR 908-- Fair Oaks Community; commend; encourage Dobbins Air Force Base to protect oak trees in this community .................... No Action HR 910-- House Study Committee on State Mileage Reimbursement Rate; create .......................................................................... 26 HR 948-- Georgia Superior Court Clerks' Cooperative Authority; invite delegates to House .................................................................. No Action HR 949-- Joint Legislative and Congressional Redistricting Study Committee; create .......................................................................................... 26 HR 950-- Electoral college; elimination; urge Congress to study amending Constitution................................................................................... 26 HR 951-- House Higher Education Seamless Transition Study Committee; create .......................................................................................... 26 INDEX 6535 HR 1035-- General Assembly; arrest of members; amend provisions - CA...................................................................................... 78, 104 HR 1036-- Eminent domain; use of; private property; revise provisions - CA........................................................................................ 35, 49 HR 1037-- Eminent domain; public purposes; amend definitions CA ............................................................................................................ 25, 36 HR 1038-- General Assembly; four-year terms of office for members; provide - CA.......................................................................... 79, 104 HR 1039-- Sales tax; educational purposes; millage rate reduction CA ............................................................................................................ 48, 80 HR 1040-- Rosa Parks and others; portraits in the State Capitol; authorize................................................................................................. 79, 104 HR 1041-- J.T. Williams; Champion family; SPC Justin W. Johnson; Joseph Jones, Sr.; dedications and designations ............................................................................ 36, 49, 198, 239, 722, 743 HR 1042-- Notify Senate; House convened..................................................................... 27 HR 1043-- Joint Session; message from Governor.................................................... 27, 37 HR 1044-- Adjournment; relative to.......................................................................... 27, 37 HR 1045-- State lottery; HOPE Scholarship Program; designation of funds - CA ......................................................................... 25, 36, 735, 3134 HR 1046-- Sales and use tax; allocation of revenue to fund relief CA ............................................................................................................ 25, 36 HR 1047-- Waste management; nonlapsing trust fund; create - CA ......................... 25, 36 HR 1048-- House Study Committee on Market-Demand Skills Education in High Schools; create......................................... 48, 80, 723, 5065 HR 1049-- Assessment for property; agricultural purposes; authorize conditions of ownership - CA.................................................. 48, 80 HR 1050-- Homestead exemptions; ad valorem property taxes; provisions - CA........................................................................................ 48, 81 HR 1051-- Eminent domain; public purposes; specify use of - CA .......................... 49, 81 HR 1052-- Winegrowers Association of Georgia; fine wines; urge restaurants to list ........................................................................... 49, 81, 1568, 5069 HR 1053-- Boy Scout Troop 383; invite to House ................................................ 51, 2907 HR 1054-- Inverse condemnation of private property; compensation; provisions - CA ............................................................. 79, 104 HR 1055-- Lymphedema; treatment by nationally certified therapists; urge.............................................................................. 79, 104, 723, 5070 HR 1056-- Lymphedema; health related schools; training in required curriculum; urge .............................................................. 80, 104, 723 6536 INDEX HR 1057-- DeWald, Officer Michael D.; commend........................................................ 53 HR 1058-- Concepcion, Officer O. J.; commend ............................................................ 53 HR 1059-- Mattox, Sergeant Doug; commend ................................................................ 53 HR 1060-- McKeithan, Sergeant Michael; commend ..................................................... 53 HR 1061-- Wayne County 2005 All-Star Mite Girls softball team; commend........................................................................................................ 53 HR 1062-- Darton College golf team; commend............................................................. 53 HR 1063-- Johnston, Special Agent Brian; commend..................................................... 54 HR 1064-- Crawford, Special Agent Thomas, III; commend.......................................... 54 HR 1065-- Taylor, Jonathan; commend........................................................................... 54 HR 1066-- National Assoc. for Music Education; Laura Bush, First Lady of the United States; commend............................................................. 54 HR 1067-- Mengak, Christopher Thomas; Eagle Scout; commend ................................ 54 HR 1068-- Gatny, Officer Beth; commend...................................................................... 54 HR 1069-- Price, Officer Mary; commend ...................................................................... 54 HR 1070-- Leadership Cook 2005, class of; commend................................................... 54 HR 1071-- Chamberlin, Daniel; Eagle Scout; commend................................................. 55 HR 1072-- Moran, Lieutenant Kevin; commend............................................................. 55 HR 1073-- Stancel, Sergeant Jerry; commend................................................................. 55 HR 1074-- Thompson, EMS Director Blake; commend ................................................. 55 HR 1075-- Sabree, Laila; commend ................................................................................ 55 HR 1076-- Brantley County 9-10 year-old girls' softball team; congratulating ................................................................................................ 55 HR 1077-- Favors, Mrs. Mattie Turnipseed; condolences............................................... 55 HR 1078-- Tax or fee; approved by voters in jurisdiction - CA.............................. 80, 104 HR 1079-- House Study Committee on the Creation of Focus on Our Future: A Children's Budget; create .................................. 102, 120, 1696, 6120 HR 1080-- House State-Local Shared Usage of Government Facilities Study Committee; create............................................ 102, 120, 2074 HR 1081-- Joint Higher Education Finance and Formula Study Committee; create ....................................................................... 102, 120, 735, 1511 HR 1082-- House Higher Education Finance and Formula Study Committee; create ....................................................................... 102, 120, 735, 5072 HR 1083-- 2005 Ringgold High School Lady Tigers Softball Team; invite to House................................................................ 82, 4506, 4507 HR 1084-- Education; school superintendents elected by majority; provisions - CA.................................................................................... 103, 120 INDEX 6537 HR 1085-- University System of Georgia; tuition; effective date; provisions - CA.................................................................................... 103, 120 HR 1086-- House Performance Enhancing Drugs in Athletics Study Committee; create...................................................................... 103, 120 HR 1087-- Doukas, Mr. Peter G., MP; invite to House................................................... 83 HR 1088-- First students to integrate the Baker County schools; commend........................................................................................................ 92 HR 1089-- Lenihan, Robert J. "Bobby"; commend ......................................................... 92 HR 1090-- Meehan, Tyler Johnson; commend................................................................ 92 HR 1091-- Ginn, Alexander Johnston; Eagle Scout; commend ...................................... 92 HR 1092-- Georgia Farm Bureau; commend................................................................... 92 HR 1093-- Georgia's Honorable Congressmen; Fair Tax Act; commend........................................................................................................ 92 HR 1094-- Sales and use and motor fuel taxes; aviation fuel; revenue provisions - CA ........................................................... 119, 152, 1577, 3410 HR 1095-- Greene, Mr. Nelson; condolences................................................................ 109 HR 1096-- Snider, Dr. Jerry; 2007 McDuffie County Teacher of the Year; commend...................................................................................... 109 HR 1097-- Sandifer, Ms. Jennifer; 2007 Maxwell Elementary School Teacher of the Year; commend ....................................................... 109 HR 1098-- Evans, Ms. Liz; 2007 Dearing Elementary School Teacher of the Year; commend.................................................................... 109 HR 1099-- Eriksen, Ms. Jennifer; 2007 Thomson Elementary School Teacher of the Year; commend ....................................................... 109 HR 1100-- Tam, Mr. Neal; 2007 Thomson Middle School Teacher of the Year; commend.................................................................................. 109 HR 1101-- Snider, Dr. Jerry; 2007 Norris Elem. School Teacher of the Year; commend...................................................................................... 109 HR 1102-- Pereda, Ms. Ann; 2007 Thomson High School Teacher of the Year; commend.................................................................................. 109 HR 1103-- Ricketson, Mayor Edward D., Jr.; retirement; commend ............................ 110 HR 1104-- Crawford, Mr. James Ray, Jr.; condolences ................................................ 110 HR 1105-- Bagley, Melvin; commend........................................................................... 110 HR 1106-- Georgia Peach Festival; commend; invite 2005 Peach Queens to House .......................................................................... 122, 153, 160 HR 1107-- Joint session; message from Chief Justice of Supreme Court .................................................................................................... 123, 160 HR 1108-- SPC Justin W. Johnson Memorial Interchange; dedicate.................... 120, 152 HR 1109-- Samuel Ernest Vandiver, Jr. Interchange; dedicate .................. 150, 186, 2075, 3461, 5062 HR 1110-- Champion Crossroads; dedicate .......................................................... 150, 186 6538 INDEX HR 1111-- Sales and use tax; educational maintenance and operation purposes; amend - CA ......................................................... 151, 186 HR 1112-- Private property; limit power to take for public purposes - CA ...................................................................................... 151, 186 HR 1113-- Joint Study Comm on Feasibility of a Children and Youth Cabinet; create .......................................................................... 151, 186 HR 1114-- Adjournment; relative to...................................................................... 137, 213 HR 1115-- District 44 Days at the Capitol; January 24 and January 31, 2006; declared........................................................................................ 138 HR 1116-- Georgia's sustainable and environmentally friendly businesses; commend................................................................................... 139 HR 1117-- Court of Appeals of Georgia; 100th anniversary; congratulating .............................................................................................. 139 HR 1118-- Gossett, Joseph Allen; commend................................................................. 139 HR 1119-- Henry W. Grady School of Journalism and Mass Communications; University of Georgia; 90th anniversary; commend................................................................................. 139 HR 1120-- Hoard, Ed Mr.; inducted into the PGA Golf Professional Hall of Fame; commend.......................................................... 139 HR 1121-- 75th Anniversary Celebration of State Parks and Historic Sites; 2006; recognizing as ............................................................ 139 HR 1122-- Godsey, Dr. R. Kirby; President and CEO of Mercer University; invite to House...................................................... 160, 1579, 1594 HR 1123-- Coosa High School; winner of Governor's Office of School Achievement 2005 Gold Award; invite students, teachers, and administrators to House ................................................. 161, 810 HR 1124-- Alternative, Renewable, and Environmentally Sensitive Fuels and Sources of Energy; create.................................................... 186, 208 HR 1125-- Harrell, Mr. William Doyle II; condolences................................................ 174 HR 1126-- Theatre Decatur; commend.......................................................................... 175 HR 1127-- Kennesaw Youth Council and the Acworth Youth Council; commend....................................................................................... 175 HR 1128-- House Business Incentive Study Committee; create .................. 206, 230, 724, 5074 HR 1129-- Education; school districts; promotion of learning through the arts; urge assessment ........................................................ 206, 230 HR 1130-- Joyce, Dr. Teresa; commend ....................................................................... 193 HR 1131-- Links Incorporated; City of LaGrange; commend ...................................... 193 HR 1132-- Ayers, Dustin Douglas; commend............................................................... 194 HR 1133-- Common Ground Productions; commend ................................................... 194 HR 1134-- Fuller, Reverend Dan "Pastor Dan"; commend........................................... 194 HR 1135-- Brown, Mrs. Maynard G.; 97th birthday; congratulate ............................... 194 INDEX 6539 HR 1136-- Marietta Board of Lights and Waterworks; 100th anniversary; congratulate............................................................................. 194 HR 1137-- K-6 Chess Team; St. Timothy United Methodist School; 12th place win; congratulate........................................................... 194 HR 1138-- Logan, Mr. Bob; Wright Brothers Master Pilot Award; commend...................................................................................................... 194 HR 1139-- Godfrey, R. T.; retirement from Austell City Council; commend...................................................................................................... 194 HR 1140-- Arnold, Mrs. Mary Bryan Weaver; 100th birthday; congratulate.................................................................................................. 195 HR 1141-- Halford, Lauren; Miss Cobb County 2006; congratulate ............................ 195 HR 1142-- Keeney, Ms. Lianne; 2nd ALA/ALTA National Advocacy Honor Roll; commend ................................................................ 195 HR 1143-- Palmer, Ms. Chanda; Teacher of the Year; Jackson Co. School System; commend............................................................................ 195 HR 1144-- Blair, Mrs. Johnnie; Teacher of the Year; Commerce City School System; commend.................................................................... 195 HR 1145-- Pals, Ms. Lindy A.; Teacher of the Year; Jefferson Co. School System; commend............................................................................ 195 HR 1146-- Alford, Elco; commend................................................................................ 195 HR 1147-- Turner, Samuel Michael; condolences ........................................................ 195 HR 1148-- Fitzgerald High School Cheerleaders and coaches; 2005 AA State Championship; commend ............................................................ 196 HR 1149-- Lee, Lillian C.; condolences ........................................................................ 196 HR 1150-- Vanek, Randy Stephen; condolences........................................................... 196 HR 1151-- Herndon, Mrs. Grace Hardin; 90th birthday; congratulate.................................................................................................. 196 HR 1152-- Pendley, Mr. Dewey Pierce, Sr.; former mayor of Hiram; condolences ..................................................................................... 196 HR 1153-- Binion, Mr. Jeff; Coweta Judicial Circuit; retirement; congratulate.................................................................................................. 196 HR 1154-- House Study Committee on Georgia State Patrol; create.................... 206, 230 HR 1155-- Bremen High School; one-act competition play; cast and crew invite to House ......................................................... 214, 2888, 2889 HR 1156-- Bremen High School Competitive Cheerleading Squad; 2005-2006 State Champions; invite to House ......................... 214, 2888, 2889 HR 1157-- Nonpartisan elections; Secretary of State; provide - CA..................... 228, 269 HR 1158-- 8U McDonough Dawgs baseball team; coaches and players; invite to House ........................................................... 214, 3556, 3567 HR 1159-- Treatment of obesity; study of health insurance coverage; urge............................................................................ 207, 230, 1345 HR 1160-- Davis, Specialist Raymond Keith, Jr.; commend ........................................ 220 6540 INDEX HR 1161-- Ford, Charles R.; Eagle Scout; commend.................................................... 220 HR 1162-- Mental Health Day at the capitol; February 6, 2006; recognize...................................................................................................... 220 HR 1163-- Gilliard, Pastor Carl W. Scott; commend .................................................... 221 HR 1164-- Prestwood, Ried Andrew; Eagle Scout; commend...................................... 221 HR 1165-- Simpson, Ms. LeTrell E.; commend............................................................ 221 HR 1166-- Partnership for Health and Accountability; commend ................................ 221 HR 1167-- Hanson, Pastor Paul; commend ................................................................... 221 HR 1168-- Joint Study Committee on Personal Safety Education and Abduction Avoidance; create........................................................ 229, 269 HR 1169-- Colonel R. H. Burson Bridge; designate .................................. 229, 269, 1824, 2845, 5062 HR 1170-- Keep Georgia Beautiful Program; commend .............................................. 238 HR 1171-- Barrett, Lonice C.; commend............................................................... 238, 253 HR 1172-- Austell Police Department; commend; Police Chief Bob Starrett and Mayor Joe Jerkins; invite to House.......................... 238, 735, 745 HR 1173-- Georgia High School/High Tech; invite members to House ........................................................................................... 239, 735, 745 HR 1174-- Special license plate; AIDS survival project; provide CA ........................................................................................................ 268, 301 HR 1175-- Georgia's licensed vineyards and wineries; fine wines; urge restaurants to list ................................................................. 268, 301, 686, 1328 HR 1176-- Muller, Lieutenant Gregory J.; 165th Airlift Wing; GA Air National Guard; condolences ................................................................ 250 HR 1177-- Community Health Centers Day; recognize ................................................ 250 HR 1178-- Black Contractors Day in Georgia; February 2, 2006; recognize...................................................................................................... 250 HR 1179-- Home Education Day at the Capitol; recognize .......................................... 250 HR 1180-- Harris, Ms. Cassie; Clayton County's Teacher of the Year; commend............................................................................................ 250 HR 1181-- Foster, Ms. Amber and Ms. Detrice Oglesby; commend ............................ 250 HR 1182-- Simons, Police Chief C. Frank; commend................................................... 251 HR 1183-- Crawford, Annie Myrt Adams; honoring .................................................... 251 HR 1184-- Capitol Tech Day; January 30, 2006; recognize.......................................... 251 HR 1185-- Carroll County Chamber of Commerce; commend..................................... 251 HR 1186-- Eaves, Ms. Martha Talbot; condolences...................................................... 251 HR 1187-- Word, David M.; commend ......................................................................... 251 HR 1188-- Breed, Rev. J. Fred and Mrs. Sarah Kathryne Quirey Breed; commend .......................................................................................... 251 HR 1189-- Fox, Paul Edward, Jr.; Eagle Scout; commend ........................................... 251 INDEX 6541 HR 1190-- Police chiefs; heads of law enforcement agencies; day of recognition; commend ............................................................................. 252 HR 1191-- Deen, Ms. Paula; commend ......................................................................... 252 HR 1192-- 165th Airlift Wing of Savannah, Georgia; commend.................................. 252 HR 1193-- Community Health Centers Day; recognize ................................................ 252 HR 1194-- Thrasher, John Albert; condolences ............................................................ 252 HR 1195-- Dorothy Barnes Pelote Bridge; Chatham County; dedicate ................................................................................................ 268, 301 HR 1196-- Riverside Military Academy football team; GISA Class AAA state champions; invite to House ............................................... 254, 810 HR 1197-- Griffin, Jackie R., DPA; invite to House ..................................... 254, 301, 306 HR 1198-- House of Rep.; Georgia flag; urge to recite pledge of allegiance ............................................................................................. 268, 301 HR 1199-- Cunningham, Howard "Fiddlin"; invite to House ................... 275, 1498, 1510 HR 1200-- Milton High School Girls Lacrosse Team; 2005 state championship; invite to House ................................................ 275, 1325, 1326 HR 1201-- License plates; Sons of Confederate Veterans; dedicate certain revenue - CA ............................................................................ 298, 400 HR 1202-- Terrell Academy Lady Eagles softball team; GISA Region 3-A and State A Championship winner; invite to House ............................................................................................. 275, 3543 HR 1203-- Harris, Willie C; commend.......................................................................... 284 HR 1204-- Poole, Bobby; Poole & Ramey Amoco Service; commend...................................................................................................... 284 HR 1205-- Parson, Mr. Martin Edward; condolences ................................................... 284 HR 1206-- Fowler, Mr. Robert L.; Chartered Life Underwriter designation; commend ................................................................................. 284 HR 1207-- Swetenburg, Mrs. Johnnie Bowie; condolences .......................................... 284 HR 1208-- Sanders, Ms. Debbie; 2005 Insurance Woman of the Year; commend............................................................................................ 284 HR 1209-- Frierson, Mr. Charles R., Jr.; condolences .................................................. 285 HR 1210-- Dunlap, Mr. James Anderson "Bubba"; condolences.................................. 285 HR 1211-- Hulsey, Mary Louise; 60 years service to First Baptist Church of Gainesville; commend ................................................................ 285 HR 1212-- Dunagan, Mr. Andy; 2005 Insurance Man of the Year; commend...................................................................................................... 285 HR 1213-- Gregory, Ronald Dean; condolences ........................................................... 285 HR 1214-- Andrews, Robert Edge, Sr.; condolences .................................................... 285 HR 1215-- Curry, Reverend Michael; Hickory Grove Missionary Baptist Church of Sparta, Georgia; welcome .............................................. 285 HR 1216-- Williams, Jamie K.; commend..................................................................... 286 6542 INDEX HR 1217-- Clark, James David Keane; State Spelling Bee Champion; recognize ................................................................................... 286 HR 1218-- Ross, Jennifer Liscomb; condolences.......................................................... 286 HR 1219-- Baugh, Mary; commend .............................................................................. 286 HR 1220-- Chester, Ms. Emily Carruthers; commend .................................................. 286 HR 1221-- Wayne County 2005 All-Stars Midget Boys #1 softball team; commend............................................................................................ 286 HR 1222-- Mosley, Zach; commend ............................................................................. 286 HR 1223-- Open meetings and records; public purpose; provide CA ........................................................................................................ 298, 400 HR 1224-- Smith, Mr. Roy L. "Chip", III; 2005 Conservationist of the Year for Bulloch County; commend...................................................... 386 HR 1225-- Derward F. Buchan Corridor; dedicate................................................ 397, 631 HR 1226-- Georgia Quail Trail; Dept. of Natural Resources; initiate ......................................................................................... 397, 631, 687, 834 HR 1227-- Transportation; Lovejoy to Atlanta rail project; subsidize costs...................................................................................... 398, 631 HR 1228-- Criminal or traffic laws; offense; additional penalties; designate funds - CA............................................................................ 398, 631 HR 1229-- Tommy G. Hudson Bridge; Turner County; designate ....................... 398, 631 HR 1230-- Parkview High School wrestling team; 2006 AAAAA State Duals Championship; invite to House ............................ 306, 1346, 1355 HR 1231-- Parkview High School Coach Cecil Flowe; invite to House ....................................................................................... 306, 1346, 1356 HR 1232-- House Medical Device Study Committee; create...................... 398, 632, 1578 HR 1233-- Georgia Farm Bureau Federation; invite president to House ........................................................................................... 318, 688, 694 HR 1234-- Ad valorem tax millage rate and value of property; provide limitations - CA ...................................................................... 399, 632 HR 1235-- Open meetings and records; public purpose; provide CA ........................................................................................................ 399, 632 HR 1236-- Micajah Clark Dyer Parkway; designate ............................................. 399, 632 HR 1237-- Transportation; Lovejoy to Atlanta rail project; subsidize costs...................................................................................... 399, 632 HR 1238-- Wilson, Kimberly; 2005 Georgia Occupational Award of Leadership winner; invite to House..................................... 318, 1380, 1386 HR 1239-- Moody, Gerald; 2005 Rick Perkins Award for Excellence in Technical Instruction; invite to House .............. 318, 1380, 1386 HR 1240-- "21st Century Leaders Day" at the Capitol; recognize; commend students........................................................................................ 318 INDEX 6543 HR 1241-- Howard, State Representative Henry; condolences; invite family to House.................................................................................. 318 HR 1242-- South Fulton Day at the Capitol; February 7, 2006; recognize...................................................................................................... 386 HR 1243-- Georgia Rural Health Association; commend; Rural Health Day; recognize ................................................................................. 386 HR 1244-- Drewyer, Mr. Darwin R., Sr.; 100th birthday; congratulate.................................................................................................. 386 HR 1245-- Annual M. L. K., Jr. memorial parade in Newnan; commend leaders and participants............................................................... 386 HR 1246-- Robinson, Mr. Melvin Howard; condolences.............................................. 387 HR 1247-- Louwinski, Mr. Felix D., III; condolences .................................................. 387 HR 1248-- Crawley, Miss Tiffany "Mont"; condolences ............................................ 387 HR 1249-- Henry Co. High School varsity baseball team; 2005 AAAA state championship; congratulate .................................................... 387 HR 1250-- Walldorff, Commissioner Gale; commend.................................................. 387 HR 1251-- Dawson, Pastor Jermaine; commend........................................................... 387 HR 1252-- Fayette County Department of Fire and Emergency Services; commend ...................................................................................... 387 HR 1253-- Leadership Clayton 2006, class of; commend............................................. 388 HR 1254-- Feltz, Ms. Karen S.; commend .................................................................... 388 HR 1255-- Bell, Mr. Curtis; condolences ...................................................................... 388 HR 1256-- Hammond, Mrs. Reba Kinney; condolences ............................................... 388 HR 1257-- Dover, Lille Victoria Taylor; condolences .................................................. 388 HR 1258-- Appalachian Studies Center; Dahlonega; Georgia's official center; establish .............................................................. 631, 662, 735, 1329, 5063 HR 1259-- Public property; nonexclusive easements; authorize.................. 631, 662, 724, 1513, 4795, 4987 HR 1260-- Crumpler, Mr. A. Gilmore, Jr.; condolences ............................................... 614 HR 1261-- Georgia Pharmacy Association; pharmacists of Georgia; commend....................................................................................... 614 HR 1262-- Nelson, Ms. Sherryl, director; Clayton State University's Spivey Hall; commend ............................................................ 615 HR 1263-- Mitchell, Mrs. Libby; Lithonia City Council service; commend...................................................................................................... 615 HR 1264-- Woodall, Annie, Director; Lithonia Senior Center; honor accomplishments ............................................................................... 615 HR 1265-- Eldridge, Frank, Jr.; condolences ................................................................ 617 HR 1266-- House Study Committee on Children: Newborns to Age Five; create........................................................................................... 661, 685 6544 INDEX HR 1267-- Wingate, Mr. Jack; State Road 97; Decatur County; dedicate portion.................................................................................... 661, 685 HR 1268-- USGA Women's State Team; 2005 State Champions; invite members to House ......................................................... 641, 1380, 1386 HR 1269-- Jewish Federation of Greater Atlanta; invite to House................................ 642 HR 1270-- Fowler, Mrs. Pearl; commend ..................................................................... 673 HR 1271-- Murray, Clifton Bryce; condolences............................................................ 673 HR 1272-- Murray, Clifton Bryce; scholarship; Coffee County Board of Education; urge............................................................ 661, 685, 735, 738 HR 1273-- Branch Banking & Trust Co.; commend ..................................................... 673 HR 1274-- Murray, Dr. David R.; commend................................................................. 650 HR 1275-- Rollins, Raymond; commend ...................................................................... 650 HR 1276-- Rosa Parks Day; February 6, 2006; recognize as ........................................ 650 HR 1277-- Budd, Carrie L.; commend .......................................................................... 650 HR 1278-- Early, Dr. William L.; commend ................................................................. 650 HR 1279-- Shaw, Dr. Arthur Herndon; condolences..................................................... 651 HR 1280-- Public Service Commission; maintain current staffing structure; urge ...................................................................................... 661, 685 HR 1281-- Sales and use tax; public schools; provisions - CA ............................. 661, 685 HR 1282-- Yaya, Erika; Youth Art Month State Capitol Exhibit; commend...................................................................................................... 673 HR 1283-- Harlon, Julia; Youth Art Month State Capitol Exhibit; commend...................................................................................................... 673 HR 1284-- Henry County High School wrestling team; 4AAAA State Dual Champions; invite to House....................................................... 663 HR 1285-- Peach County High School Trojans football team; AAA state champions; invite to House ............................................. 664, 1699, 1709 HR 1286-- Metropolitan North Georgia Water Planning District; plumbing; urge local governments ...................................................... 684, 734 HR 1287-- House Public Libraries Study Committee; create..................... 684, 734, 1621, 5075 HR 1288-- Newsom, Fredric Thomas; Eagle Scout; commend .................................... 674 HR 1289-- Villegas-Narvez, Pedro, D.V.M.; invite to House ..................... 664, 821, 826 HR 1290-- Neal, Patrick, Deputy; Peace Officer of the Year for Valor; commend ...................................................................... 674, 1380, 1387 HR 1291-- Ferrell, Elder Willie, Pastor; commend ....................................................... 674 HR 1292-- Still, Joseph M, Jr., M. D.; condolences ...................................................... 674 HR 1293-- McFall, Mrs. Mary Edith; 89th birthday; congratulate ............................... 674 HR 1294-- Woodham, Mr. J. Steve; commend ............................................................. 674 HR 1295-- Whatley, Thomas Gibson, III; Eagle Scout; commend ............................... 674 INDEX 6545 HR 1296-- Atlanta race riot of 1906; remember and repudiate ..................................... 695 HR 1297-- Alpha Kappa Alpha Day; February 20, 2006; invite Committee Chair to House .......................................................................... 695 HR 1298-- "PAGE Day on Capitol Hill"; invite Professional Association of Georgia to House......................................................... 695, 810 HR 1299-- Trauma care; trust fund; provisions - CA ................................. 732, 770, 2069, 3408 HR 1300-- Henry L. Howard Memorial Bridge; dedicate..................................... 732, 770 HR 1301-- Harry H. Eason Memorial Bridge; dedicate ........................................ 732, 770 HR 1302-- Stephen J. Schmidt, Sr.; James M. Cannon, Sr.; Henry L. Howard; Theodore S. McKenzie; Mr. Jack Wingate; dedications and designations .................................................... 732, 770, 1824, 2044, 5063 HR 1303-- HOPE Scholarship; qualified students; Board of Regents; urge ............................................................................. 733, 770, 1621 HR 1304-- Pari-mutuel betting and casino gambling; remove prohibition - CA................................................................................... 733, 770 HR 1305-- House Study Committee on Pari-mutuel Betting and Casino Gambling; create...................................................................... 733, 770 HR 1306-- Condemnation of property; redevelopment purposes; approved by vote; require - CA ................................................ 684, 734, 1641, 2974, 4557, 4680 HR 1307-- Georgia 4-H; commend; 2005-2006 Leadership Team; invite to House ............................................................................. 722, 735, 745 HR 1308-- Georgia Real Estate Appraisers Day; recognize.......................................... 717 HR 1309-- Kemp, Rene; former State Senator; condolences ........................................ 717 HR 1310-- Spiva, Mrs. Dora Hunter Allison; 101st birthday; congratulate.................................................................................................. 718 HR 1311-- Contributions of American Indians; recognize............................................ 718 HR 1312-- Spriggs, Robert Lee; condolences ............................................................... 718 HR 1313-- Corbin, Joseph Boggs; commend ................................................................ 718 HR 1314-- Pugh, Justin Ryan; commend ...................................................................... 718 HR 1315-- Rider, Mark Andrew; commend .................................................................. 718 HR 1316-- National School Counseling Week; recognize ............................................ 718 HR 1317-- Greeson, Mrs. Terrie; School Food Nutrition Manager of the Year; commend.................................................................................. 718 HR 1318-- "Gwinnett Medical Center Recognition Day"; February 6, 2006; recognize........................................................................................ 719 HR 1319-- Musselman, Mr. Rodney; commend............................................................ 719 HR 1320-- Reynolds, Eugene Calvin "Gene"; condolences.......................................... 719 HR 1321-- Corbin, Alexander K.; commend................................................................. 719 6546 INDEX HR 1322-- Sharp, Andrew Robert; Eagle Scout; commend .......................................... 719 HR 1323-- Shockley, Richard Lester; condolences....................................................... 719 HR 1324-- Beachem; Mr. James W. "Jack"; condolences............................................. 719 HR 1325-- 23rd Annual GAE Legislative Conference Day; recognize...................................................................................................... 720 HR 1326-- Logan, Mr. Henry Hugh, Sr.; condolences.................................................. 720 HR 1327-- Georgia Parent Teacher Association (PTA); commend .............................. 720 HR 1328-- Williamson, Johnny and Brenda; commend................................................ 720 HR 1329-- Morris, H. Coleman; condolences ............................................................... 720 HR 1330-- Evans, Trummie; condolences..................................................................... 720 HR 1331-- Strickland, Linda; commend........................................................................ 720 HR 1332-- Lowndes High School Georgia Bridgemen Band; commend.................................................................................. 721, 1380, 1387 HR 1333-- Lowndes High School Viking football team; commend ......... 721, 1380, 1387 HR 1334-- Geisinger, Representative Harry; commend................................................ 721 HR 1335-- Poag, Mr. Charles N. "Judy"; condolences; invite family to House........................................................................ 722, 4506, 4507 HR 1336-- Supreme Court; election of Justices; provide - CA ............................. 733, 770 HR 1337-- James G. Crayton, Sr. Memorial Bridge; dedicate .............................. 734, 770 HR 1338-- Calhoun High School baseball team; invite to House ................. 745, 867, 874 HR 1339-- Infrastructure development districts; General Assembly; authorize creation-CA............................................................... 768, 819, 2863, 3445 HR 1340-- Ted McKenzie Interchange; Glynn County; designate ....................... 769, 819 HR 1341-- House Study Committee on Direct Entry Midwifery; create ......................................................................................... 769, 819, 2051, 3804 HR 1342-- Ward, Mr. Hines, Jr.; Super Bowl's Most Valuable Player; invite to House................................................................................. 746 HR 1343-- Cannon, James M. Sr.; Leesburg U.S. Highway 19 Bypass; designate................................................................................. 769, 819 HR 1344-- Adjournment; relative to...................................................................... 746, 785 HR 1345-- Religious or faith based organizations; public aid; receive - CA .............................................................................. 769, 819, 1578, 3278 HR 1346-- George D. Busbee Georgia Public Safety Training Center; designate.................................................................................. 769, 819 HR 1347-- Sanford, Honorable Porter, III; condolences ............................................... 758 HR 1348-- Dunwoody Woman's Club; commend ......................................................... 758 HR 1349-- Hughes, Ms. Nicole; Disney Teacher Award Nominee; commend...................................................................................................... 758 INDEX 6547 HR 1350-- Burson, Mr. Mahlon; 26 years of dedicated public service; commend ........................................................................................ 758 HR 1351-- Mitchell, JoeAnn Willoughby; condolences................................................ 758 HR 1352-- Hillinger, Mr. Mark; Disney Teacher Award Nominee; commend...................................................................................................... 759 HR 1353-- Shaw, Phillip; Eagle Scout; commend......................................................... 759 HR 1354-- Ramsey, Ms. Missy; Disney Teacher Award Nominee; commend...................................................................................................... 759 HR 1355-- Smoltz, Mr. John; commend........................................................................ 759 HR 1356-- Mitchell, Reverend Dr. Bennie R.; commend ............................................. 759 HR 1357-- Dental Hygienists' Appreciation Day; recognize......................................... 759 HR 1358-- "High Tech Day"; February 15, 2006; recognize ........................................ 759 HR 1359-- Colquitt County, Georgia; 150th anniversary; honor .................................. 760 HR 1360-- Jenkins, Matthew; Eagle Scout; commend.................................................. 760 HR 1361-- Gammill, Blake; condolences ...................................................................... 760 HR 1362-- Clayborn, Mrs. Lois Doggett; 100th birthday; congratulate.................................................................................................. 760 HR 1363-- Esteemed guests from Pogrebishche, Ukraine; invite to House ........................................................................................................... 787 HR 1364-- Georgia National Guard 48th Infantry Brigade; urge to award Presidential Unit Citation................................................ 818, 865, 1379 HR 1365-- New nuclear power plants; electric utilities; urge to build .......................................................................................... 819, 865, 1714, 6124 HR 1366-- "Monica Pang Day"; Miss America Pageant runner-up; invite to House ......................................................................... 799, 1579, 1594 HR 1367-- Bowdon High School Softball Team; Class A Champions; invite to House..................................................... 799, 1346, 1356 HR 1368-- Morrison, Diana; Advertising Specialty Services; congratulate.................................................................................................. 799 HR 1369-- Wood, Ellis; 2006 Business Leader of the Year; commend...................................................................................................... 799 HR 1370-- Churchill's Pub; congratulate....................................................................... 799 HR 1371-- Owens Corning; congratulate ...................................................................... 800 HR 1372-- Peters, Helmut; congratulate........................................................................ 800 HR 1373-- Harden, Dr. Scott R.; commend................................................................... 800 HR 1374-- Weyerhaeuser Company; congratulate ........................................................ 800 HR 1375-- CITGO Asphalt Refining Company; congratulate ...................................... 800 HR 1376-- Kaneb Terminals & ST Services; congratulate ........................................... 800 HR 1377-- Engelhard; congratulate ............................................................................... 800 HR 1378-- Swindler, Jon Calvin; commend.................................................................. 800 6548 INDEX HR 1379-- Clayton County Juvenile Court; commend.................................................. 801 HR 1380-- Boone, Reverend Joseph Everhart; commend ............................................. 801 HR 1381-- "Forestry Day at the Capitol"; February 15, 2006; recognize...................................................................................................... 801 HR 1382-- Greene, Coach Herbert; commend .............................................................. 801 HR 1383-- Schuster, Mr. Marvin; 2006 Jim Woodruff Jr. Memorial Award; commend......................................................................................... 801 HR 1384-- Davis, James Keet, Jr.; condolences............................................................ 801 HR 1385-- Bowen, George W.; commend..................................................................... 801 HR 1386-- Gulfstream Aerospace Savannah; congratulate ........................................... 802 HR 1387-- RWP Engineering and Jim Rayburn; recognize .......................................... 802 HR 1388-- Sconyers Bar-B-Que; commend .................................................................. 802 HR 1389-- The Gary Brand Company and Gary Brand; recognize .............................. 802 HR 1390-- Fairmont Restaurant and Pearl and Ron Beaupre; recognize...................................................................................................... 802 HR 1391-- Georgia's Superior Court Clerks; commend................................................ 802 HR 1392-- Substance abuse defendants; State of Georgia; urge to offer programs...................................................................................... 819, 865 HR 1393-- Henry L. Howard Memorial Interchange; dedicate............................. 819, 865 HR 1394-- 2006 "What Would You Say?" contest winners; Shelley Backstrom, Laura Bailey, Megan Livingston, and Lauren Sproul; invite to House................................................ 826, 3618, 3629 HR 1395-- Wiley T. Nixon Capitol Post Office; name ............................ 862, 1344, 1346, 1596, 3802 HR 1396-- House Study Committee on State and Local Law Enforcement Salaries and Benefits; create ............................. 862, 1344, 1498, 5077 HR 1397-- 848th Engineer Company and Company C; Hero Bridge; dedicate ................................................................................. 862, 1344 HR 1398-- Mental health care; advance directives; urge State of Georgia to establish ........................................................................... 862, 1344 HR 1399-- Joint State Employee Turnover and Staffing Ratios Study Committee; create.................................................................... 862, 1344 HR 1400-- Craig, Richard; City of McDonough mayor; commend .............................. 846 HR 1401-- Tumlin, Natalie; advocacy movement for people with disabilities; commend .................................................................................. 846 HR 1402-- Geary, Jill; outstanding contributions to education; commend...................................................................................................... 846 HR 1403-- Thompson, Penny; outstanding contributions to education; commend .................................................................................... 847 HR 1404-- Davis, Angela; outstanding contributions to education; commend...................................................................................................... 847 INDEX 6549 HR 1405-- Roberson, Susan; outstanding contributions to education; commend .................................................................................... 847 HR 1406-- Robinson, Selena; outstanding contributions to education; commend .................................................................................... 847 HR 1407-- Beeler, Victoria; outstanding contributions to education; commend .................................................................................... 847 HR 1408-- Lueken, Amy; outstanding contributions to education; commend...................................................................................................... 847 HR 1409-- Hayes, Mary Kay; outstanding contributions to education; commend .................................................................................... 848 HR 1410-- Terry, JudyAnne; outstanding contributions to education; commend .................................................................................... 848 HR 1411-- Stewart, Bonnie; outstanding contributions to education; commend .................................................................................... 848 HR 1412-- Class of Leadership Glynn 2005; commend................................................ 848 HR 1413-- Cherne, Marion; outstanding contributions to education; commend...................................................................................................... 848 HR 1414-- Revels, Emily (Mimi); outstanding contributions to education; commend .................................................................................... 848 HR 1415-- Mitchell, Sally; outstanding contributions to education; commend...................................................................................................... 848 HR 1416-- Daniell, Melissa; outstanding contributions to education; commend .................................................................................... 849 HR 1417-- Barber, Tamalyn; outstanding contributions to education; commend .................................................................................... 849 HR 1418-- Whitney, Alice; outstanding contributions to education; commend...................................................................................................... 849 HR 1419-- Parker, Pamela; outstanding contributions to education; commend...................................................................................................... 849 HR 1420-- Jones, Anne-Marie; outstanding contributions to education; commend .................................................................................... 849 HR 1421-- Carone, Christina; outstanding contributions to education; commend .................................................................................... 849 HR 1422-- Dawson, Ellen; outstanding contributions to education; commend...................................................................................................... 850 HR 1423-- Mayberry-White, Mimi; outstanding contributions to education; commend .................................................................................... 850 HR 1424-- Walden, Phil; legendary impresario; honor ................................................. 850 HR 1425-- United Services Organization; 65th anniversary; commend............................................................................................ 850, 3604 HR 1426-- Georgia Foundation for Independent Colleges, Inc.; 50th anniversary; commend......................................................................... 850 6550 INDEX HR 1427-- 2006 Cherry Blossom Festival; City of Macon and Bibb County representatives; invite to House .................................. 850, 1579, 1594 HR 1428-- UGA Women's Swimming Team; 2005 National Champions; invite to House......................................................................... 851 HR 1429-- UGA Football Team; 2005 Southeastern Conference Champions; invite to House......................................................................... 851 HR 1430-- UGA Men's Golf Team; 2005 NCAA champions; invite to House ....................................................................................................... 851 HR 1431-- UGA Gymnastics Team; 2005 NCAA National Champions; invite to House......................................................................... 851 HR 1432-- NASCAR Hall of Fame; Atlanta, Georgia location; urge ........................................................................................ 1342, 1379, 1568 HR 1433-- Constitutional amendment; urge Congress to submit to several states .................................................................................... 1343, 1379 HR 1434-- Hancock, Mr. Vincent; skeet world champion; World Shotgun Championships; invite to House.................................................. 1321 HR 1435-- Coastal Georgia Beach Preservation Trust Fund; create - CA.................................................................................................. 1343, 1379 HR 1436-- Galloway, Mrs. Virginia; commend .......................................................... 1332 HR 1437-- Social Security earnings limitation; U.S. Congress; urge to repeal............................................................................................ 1343, 1379 HR 1438-- Gregory, Matthew; commend .................................................................... 1332 HR 1439-- Foster, David; Director/Fire Chief; DeKalb County Fire and Rescue Department; commend ........................................................... 1333 HR 1440-- Walker, Pam; 2005 Douglas County Teacher of the Year; commend.......................................................................................... 1333 HR 1441-- Ricketson, Emily; First Place winner; fourth grade division of the Plains, Peanuts and a President Post Card Contest; commend............................................................................. 1333 HR 1442-- Maw, Michael Joseph William; University System of Georgia; Outstanding Scholar; Academic Recognition Day; commend........................................................................................... 1333 HR 1443-- Winder-Barrow Competitive Cheerleading Team; commend.................................................................................................... 1333 HR 1444-- Kimbrough, Taylor; commend .................................................................. 1333 HR 1445-- Ledbetter, Ms. Stacy Lashun; condolences ............................................... 1333 HR 1446-- Burns, Ms. Carla; Lanier County High School's Teacher of the Year; commend................................................................................ 1333 HR 1447-- Abbott, Mr. David; Lanier County Middle School's Teacher of the Year; commend.................................................................. 1334 HR 1448-- Frost, Ms. Lanita; Lanier County Teacher of the Year; commend.................................................................................................... 1334 INDEX 6551 HR 1449-- Frost, Ms. Lanita; Lanier County Elementary School's Teacher of the Year; commend.................................................................. 1334 HR 1450-- Barber, Cecil; former Clinch County High School baseball Coach; Georgia Dugout Hall of Fame; commend.................................................................................................... 1334 HR 1451-- Holbrook, Mrs. JoNan; national teacher certification; commend.................................................................................................... 1334 HR 1452-- Warwick; Grits Capital of Georgia; Warwick Grits Festival; commend..................................................................................... 1334 HR 1453-- Georgia's restaurant industry; commend ................................................... 1334 HR 1454-- Brunt, Ingrid and Jan Collins; commend................................................... 1335 HR 1455-- Jarrett, Mr. Ryan; All-Around Cowboy world title; commend.................................................................................................... 1335 HR 1456-- Ellis, Mr. Marc; South Fulton Business and Empowerment Center; commend .............................................................. 1335 HR 1457-- Vaughan, L. Edward and Anita E.; 50th wedding anniversary; commend............................................................................... 1335 HR 1458-- Tillman, Mr. Billy; condolences................................................................ 1335 HR 1459-- Mallias, Alexandros P.; Greek Ambassador; commend............................ 1355 HR 1460-- Delta Sigma Theta Day; declare March 6, 2006; honor and invite to House .......................................................................... 1356, 2051 HR 1461-- Historic Tybee Lighthouse Causeway; dedicate.............................. 1378, 1496 HR 1462-- House Study Committee on State Law Enforcement Salaries and Benefits; create .................................................. 1378, 1496, 3584 HR 1463-- Reddick, Brigadier General Terrell T.; Statesboro Armory; declare support for dedication..................................................... 1477 HR 1464-- House Comprehensive Tax Reform Study Committee; create ..................................................................................... 1378, 1496, 1622, 5080 HR 1465-- Riverside Elementary School; principal; commend and invite to House ....................................................................... 1356, 1498, 1510 HR 1466-- Dettmering, Matt; commend and invite to House ................. 1356, 4658, 4675 HR 1467-- Sellers, Thomas; commend and invite to House ................... 1356, 4658, 4675 HR 1468-- Dunn, Warrick; commend and invite to House ......................................... 1357 HR 1469-- Tyrone Police Dept.; Chief John F. Hay; commend.................................. 1369 HR 1470-- Robert J. Burch Elementary School; Title I Distinguished School; commend ............................................................... 1369 HR 1471-- Macon, Mr. and Mrs. George; 65th wedding anniversary; commend............................................................................... 1369 HR 1472-- Jones, Mr. Ben; condolences ..................................................................... 1369 HR 1473-- Miller County; 150th anniversary of founding; commend.................................................................................................... 1369 6552 INDEX HR 1474-- Randolph-Clay High School boys basketball team; Coach Joe Williams; commend ................................................................. 1369 HR 1475-- Zuber, Mrs. Sue Daniell; condolences....................................................... 1370 HR 1476-- Elder, Joshua; Jackson County Comprehensive High School STAR student; commend............................................................... 1370 HR 1477-- Keen, Mr. Jack N.; Jefferson High School STAR teacher; commend ...................................................................................... 1370 HR 1478-- Bryan, Mr. Robert; Commerce High School STAR teacher; commend ...................................................................................... 1370 HR 1479-- Champlin, Kristie; Jefferson High School STAR student; commend ...................................................................................... 1370 HR 1480-- Chandler, Mr. Todd; Jackson County Comprehensive High School STAR teacher; commend...................................................... 1370 HR 1481-- David, John Michael; Commerce High School STAR student; commend ...................................................................................... 1370 HR 1482-- 34th Firefighters' Recognition Day; Georgia firefighters; commend................................................................................ 1370 HR 1483-- Bentley, Upshaw C, Jr.; commend ............................................................ 1371 HR 1484-- Public health nursing; recognize................................................................ 1371 HR 1485-- House Study Committee on the Georgia State Patrol; create ................................................................................................ 1378, 1496 HR 1486-- Georgia's National Guard; Major General David Poythress; commend and invite ............................................. 1357, 1380, 1387 HR 1487-- Lucille M. Norton Bridge; dedicate................................................. 1378, 1496 HR 1488-- Lucille M. Norton Bridge; dedicate................................................. 1378, 1496 HR 1489-- Turpin, Miss Alexa; 2006 Miss Georgia Teen America Pageant winner; invite to House ............................................ 1387, 1699, 1709 HR 1490-- Washington, Pastor Leon; invite to House ............................ 1387, 1579, 1595 HR 1491-- Dorothy Barnes Pelote; Derward Buchan; Mr. Tommy G. Hudson; 648th Engineer Battalion; Tybee Island Lighthouse; Lucille M. Norton; Private James Boggan; Thomas McGaughey Kilgore; Veterans Memorial Highway; Lieutenant McKinnon; dedications and designations .......................................................................... 1491, 1576, 1824, 3039, 5098, 5254 HR 1492-- House Study Committee on State Parole & Probation Officer Salaries and Benefits; create ..................................... 1491, 1576, 2074 HR 1493-- Constitution Day and Citizenship Day; designate ................. 1491, 1576, 2007 HR 1494-- City of Adel in Cook County; "City of Daylilies"; recognize.................................................................................................... 1478 HR 1495-- State of Israel; fight against terrorism; commend...................................... 1478 HR 1496-- Goggans, Matthew Vincent; Eagle Scout; commend ................................ 1478 INDEX 6553 HR 1497-- Lee, Adam; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend................................... 1478 HR 1498-- Fowler, Angelica L.; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend.................................................................................................... 1478 HR 1499-- Svendsen, Amanda; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend.................................................................................................... 1478 HR 1500-- Jaiteh, Suwaibou; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend.................................................................................................... 1478 HR 1501-- Hinds, Kalon J.; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend.................................................................................................... 1479 HR 1502-- Kelly, Joseph M.; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend.................................................................................................... 1479 HR 1503-- Beasley, Leigh; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend.................................................................................................... 1479 HR 1504-- Dye, Herbert J., III; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend.................................................................................................... 1479 HR 1505-- Howard, Edward; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend.................................................................................................... 1479 HR 1506-- Caylor, Jennifer M.; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend.................................................................................................... 1479 HR 1507-- Willis, Blake K.; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend.................................................................................................... 1479 HR 1508-- Garrett, Kathi Lea; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend.................................................................................................... 1480 HR 1509-- Anderson, Yolanda C.; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend.................................................................................................... 1480 HR 1510-- Lanier, Dwight David; University System of Georgia Outstanding Scholar on Academic Recognition Day; commend.................................................................................................... 1480 6554 INDEX HR 1511-- Hoffmeyer, Allen; University System of Georgia Outstanding Scholar on academic Recognition Day; commend.................................................................................................... 1480 HR 1512-- Bates, Colonel William L., Jr.; commend ................................................. 1480 HR 1513-- Zaxby's and its employees; Dallas, GA; commend ................................... 1480 HR 1514-- Waters, Susan Duke; commend................................................................. 1480 HR 1515-- Eberhardt, Linton Webster, Jr.; condolences............................................. 1480 HR 1516-- Williams, Dorothy Jeane; condolences...................................................... 1481 HR 1517-- Trieb, Dr. Sykes E. "Si"; condolences ....................................................... 1481 HR 1518-- Oconee County High School fastpitch softball team; commend.................................................................................................... 1481 HR 1519-- Hosch, Coach Todd; commend.................................................................. 1481 HR 1520-- Hawkins, Edna Bramlett; condolences ...................................................... 1481 HR 1521-- Clark, Mr. Thomas L., Jr.; condolences .................................................... 1481 HR 1522-- Berrien County; 150th anniversary; commend.......................................... 1481 HR 1523-- Hardeman, Dr. Frank, Jr.; condolences ..................................................... 1481 HR 1524-- Large, Lance Corporal Samuel W., Jr.; condolences ................................ 1482 HR 1525-- LaVaughn, Bishop Charles and Evangelist; 50th wedding anniversary; commend ................................................................ 1482 HR 1526-- Hamlin, Craig; Eagle Scout; commend ..................................................... 1482 HR 1527-- Eaves, Martha Talbot; condolences........................................................... 1482 HR 1528-- Repple, Karla Jean and David Allan Zisook; commend on marriage ................................................................................................ 1482 HR 1529-- Jefferson, City of; 200th anniversary of founding; commend.................................................................................................... 1482 HR 1530-- Bechtel, Ms. Leslie; retirement; commend................................................ 1482 HR 1531-- Cordele-Crisp County Fish Fry cooking team; commend and invite to House ............................................... 1477, 1529, 1530 HR 1532-- Stanford, Miss Jenna Morgan; 2006 Georgia Watermelon Queen; commend and invite to House .............. 1477, 1529, 1530 HR 1533-- Glass, Mr. Sherwin; commend .................................................................. 1538 HR 1534-- Tom Kilgore Memorial Bridge; name ............................................. 1575, 1641 HR 1535-- State Health Benefit Plan Design Team; create.................... 1496, 1576, 3792, 5081 HR 1536-- The Tams; legendary musical group; commend and invite to House ....................................................................... 1530, 5238, 5239 HR 1537-- House Study Committee on Rail Crossing Safety; create ............... 1575, 1641 HR 1538-- Georgia Public Safety Training Center; child custody disputes; urge to modify program.......................................... 1575, 1641, 1698 HR 1539-- Richardson, Eleanor L.; former member of the House of Representatives; condolences .................................................................... 1538 INDEX 6555 HR 1540-- Rutledge, Ms. Rebecca Rowlett; Georgia Department of Education; commend ................................................................................. 1538 HR 1541-- Slosheye Trail Big Pig Jig; commend ....................................................... 1538 HR 1542-- Oaks, Mrs. Willie; 100th birthday; congratulate ....................................... 1538 HR 1543-- Eagles Landing Christian Academy; 109th District Art Project contest winner; congratulate.......................................................... 1538 HR 1544-- Feldman, Stefanie; Distinguished Finalist; Prudential Spirit of Community Awards; congratulate............................................... 1538 HR 1545-- Civil Air Patrol Day; March 16, 2006; recognize...................................... 1539 HR 1546-- Hampton, Adria; commend ....................................................................... 1539 HR 1547-- Lakeside High School; congratulate and invite to House................ 1561, 3543 HR 1548-- Ida Chambers; Mr. James G. Crayton, Sr.; Thomas McRae Hamilton Robinson; dedications and designations .......................................................................... 1496, 1576, 2075, 3045, 5098, 5323 HR 1549-- House Environmental Regulation Impact Study Committee; create ............................................................................ 1496, 1576 HR 1550-- House Study Committee on State Employees Salaries and Benefits; create.......................................................................... 1496, 1576 HR 1551-- Joint Comprehensive Water Desalination Study Committee; create ................................................................. 1575, 1641, 1724, 3146, 4969 HR 1552-- Jewish Federation of Greater Atlanta; commend and invite to House ....................................................................... 1561, 5238, 5239 HR 1553-- Dettmering, Matt and others; commend; Kenny Edwards; invite to House....................................................... 1595, 4658, 4675 HR 1554-- Washington, Vincent; commend; Kenny Edwards; invite to House ....................................................................... 1595, 4658, 4676 HR 1555-- House Study Committee on Shared Parenting; create.......... 1636, 1695, 3584, 5084 HR 1556-- Page, Arthur; commend and invite to House......................... 1604, 4658, 4676 HR 1557-- Officers and Grand Marshal; 2006 St. Patrick's Day Parade; commend and invite to House ............................................ 1595, 1596 HR 1558-- House Study Committee on Biological Privacy; create ....... 1637, 1695, 4527, 5084 HR 1559-- House Study Comm. on Chatham Co. Technical and Vocational Training in High Schools; create................................... 1637, 1695 HR 1560-- House Pandemic Preparedness and Response Study Committee; House Study Committee on State Law Enforcement Salaries and Benefits; create ........................... 1637, 1695, 3571, 3584, 5086 6556 INDEX HR 1561-- City of Lithonia; 150th anniversary; invite Peter Honore', Jr., Mayor to the House............................................................... 1605 HR 1562-- Mitchell, Mrs. Libby; Lithonia City Council; commend and invite to House .................................................................................... 1605 HR 1563-- Woodall, Annie; retirement; commend and invite to House ......................................................................................................... 1605 HR 1564-- Special license plates; dedicate revenue; provisions CA ......................................................................................... 1575, 1641, 1665, 2819, 5289 HR 1565-- Investing in Educational Excellence; include art education; urge................................................................................. 1637, 1695 HR 1566-- Contreras, Robert; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1615 HR 1567-- Cheatham, Brandon; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1615 HR 1568-- Wilkerson, Dustin; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1615 HR 1569-- Threlkeld, Kelby; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1615 HR 1570-- Saunders, Logan; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1615 HR 1571-- Senior Week at the Capitol; February 27 through March 3, 2006; recognize...................................................................................... 1615 HR 1572-- Parikh, Mona; Girl Scouts of America Gold Award; commend.................................................................................................... 1616 HR 1573-- "Boy Scout Day in Georgia"; March 1, 2006; recognize .......................... 1616 HR 1574-- Woodruff, Dr. Lynda W.; retirement; commend....................................... 1616 HR 1575-- Forrester, Derek; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1616 HR 1576-- Clark, Dequan; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1616 HR 1577-- Floyd, Brent; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1616 HR 1578-- Atherton, Reid; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1616 HR 1579-- Benson, Bryce; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1616 HR 1580-- Alexander, Vidal; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1616 HR 1581-- Simpson, Bobby; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1617 HR 1582-- Smith, Derek; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1617 INDEX 6557 HR 1583-- Abel, Brody; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1617 HR 1584-- Whitfield, Clay; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1617 HR 1585-- Legrant, Rick; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1617 HR 1586-- Sweatman, Preston; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1617 HR 1587-- Boulware, Chris; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1617 HR 1588-- Kellam, Kyle; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1617 HR 1589-- Hosch, Scotty; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1617 HR 1590-- Gemzer, Erika; Girl Scouts of America Gold Award; commend.................................................................................................... 1618 HR 1591-- Dance, Colleen; Girl Scouts of America Gold Award; commend.................................................................................................... 1618 HR 1592-- Martucci, Renea; Girl Scouts of America Gold Award; commend.................................................................................................... 1618 HR 1593-- Childs, Elaine; Girl Scouts of America Gold Award; commend.................................................................................................... 1618 HR 1594-- Addy, Jennifer; Girl Scouts of America Gold Award; commend.................................................................................................... 1618 HR 1595-- Gant, Clay; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1618 HR 1596-- Thornton, Cole; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1618 HR 1597-- Reagin, Ms. Nita; Putnam County Elementary School Teacher of the Year; commend.................................................................. 1618 HR 1598-- Autrey Mill Middle School; commend...................................................... 1619 HR 1599-- Thomas, Rita; commend ............................................................................ 1619 HR 1600-- Gazaway, Cameron; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1619 HR 1601-- Jackson, Jaron; 2005 11 Year Old Buford Wolves; commend.................................................................................................... 1619 HR 1602-- Glass, Mr. Sherwin; commend .................................................................. 1619 HR 1603-- Dean, Ms. Tracie Lee; commend and invite to House .......... 1619, 3556, 3568 HR 1604-- Electric generation peaking facilities; backstop for regional power grid; recognize ............................................. 1637, 1695, 2073, 5088 6558 INDEX HR 1605-- United States National Health Insurance Act; urge Congress to adopt............................................................................. 1638, 1695 HR 1606-- Moore, Mr. James "Red"; commend and invite to House ......................... 1619 HR 1607-- Veterans Memorial Highway; dedicate ........................................... 1638, 1695 HR 1608-- Lieutenant Rudolph McKinnon, USN, Memorial Bridge; designate ............................................................................. 1691, 1856 HR 1609-- Lake Spivey Parkway; dedicate............................................. 1692, 1856, 3585 HR 1610-- Ports; integrity and security; safeguard ........................................... 1640, 1695 HR 1611-- Campbell, David Leonard, Sr.; commend ................................................. 1668 HR 1612-- Grady Health System's Patient Safety Committee; commend.................................................................................................... 1668 HR 1613-- Wilborn, Rozell Hugley; retirement; commend ........................................ 1668 HR 1614-- Fudge, Mayor Marcia L.; commend .......................................................... 1668 HR 1615-- Majied, Mrs. Lumumba Laila; condolences .............................................. 1668 HR 1616-- Chaney, Andrea; commend ....................................................................... 1668 HR 1617-- Atlanta Alumnae Chapter of Delta Sigma Theta Sorority, Inc.; commend ............................................................................ 1668 HR 1618-- Miller, Megan; Girl Scouts of America Gold Award; commend.................................................................................................... 1669 HR 1619-- Kinard, Veronica; Girl Scouts of America Gold Award; commend.................................................................................................... 1669 HR 1620-- Assar, Yasmin; Distinguished Finalist in the Prudential Spirit of Community Awards; commend................................................... 1669 HR 1621-- Welmering, Claire; Girl Scouts of America Gold Award; commend....................................................................................... 1669 HR 1622-- Pettett, Ms. Mildred; commend ................................................................. 1669 HR 1623-- Jefferson High School wrestling team; Class A state champions; commend ................................................................................ 1669 HR 1624-- Addy, Jennifer; Girl Scouts of America Gold Award; commend.................................................................................................... 1669 HR 1625-- Buckhead Baseball 12 Year Old All Stars; state title winner; commend ...................................................................................... 1669 HR 1626-- Jones, Deputy Sheriff Steven; commend................................................... 1670 HR 1627-- Tennille, Dean Brennan; Eagle Scout; commend...................................... 1670 HR 1628-- Chandler, Colonel John Chapple, Jr.; condolences ................................... 1670 HR 1629-- Richardson, Police Chief Charles R. "Dino"; commend ........................... 1670 HR 1630-- Mullinax, Taylor; Distinguished Finalist in the Prudential Spirit of Community Awards; commend ................................. 1670 HR 1631-- McKee, Mr. Jonathan Anthony, Jr.; condolences...................................... 1670 HR 1632-- Villasenor, Lorraine; Girl Scouts of America Gold Award; commend....................................................................................... 1670 INDEX 6559 HR 1633-- Schmitt, Christina Ashley; commend ........................................................ 1684 HR 1634-- Ad valorem taxation; certain exemptions; authorize governing authority - CA....................................................... 1692, 1856, 2863 HR 1635-- Southern States Energy Board; natural gas; coastal areas; urge .............................................................................. 1692, 1856, 2073 HR 1636-- Offshore oil and gas drilling; remove moratorium; urge Congress and President.......................................................... 1692, 1856, 2073 HR 1637-- Okefenokee Trail; dedicate.............................................................. 1853, 2068 HR 1638-- Davis, Colonel James Ron; Mr. Cobb County 2006; commend.................................................................................................... 1724 HR 1639-- McRae, Mr. Buford W.; commend............................................................ 1724 HR 1640-- Byers, Anderson S.; career in education; recognize .................................. 1724 HR 1641-- McNally, John; commend.......................................................................... 1724 HR 1642-- Angel Flight of Georgia; commend........................................................... 1725 HR 1643-- Senior Connections; commend .................................................................. 1725 HR 1644-- Elaine Clark Center; commend.................................................................. 1725 HR 1645-- Salvation Army Hispanic Corps; commend .............................................. 1725 HR 1646-- Interfaith Outreach Home; commend ........................................................ 1725 HR 1647-- Atlanta Technical College; commend ....................................................... 1725 HR 1648-- Patrick, Mrs. Martha Carmichael; condolences......................................... 1725 HR 1649-- Freeman, Mr. M. Bryan; commend ........................................................... 1725 HR 1650-- Papp, Dr. Daniel S.; president of Kennesaw State University; commend................................................................................. 1726 HR 1651-- Huckaby, Mr. Henry M.; retirement; commend ........................................ 1726 HR 1652-- DeKalb County Community Human Relations Commission; 35th anniversary; commemorate ......................................... 1726 HR 1653-- Williams, Coach Mike; 400th win; congratulate....................................... 1726 HR 1654-- Butler, Mr. Robert E.; condolences ........................................................... 1726 HR 1655-- Uga line of mascots; University of Georgia; recognize ............................ 1726 HR 1656-- Butler, Mrs. Nellie G.; condolences .......................................................... 1726 HR 1657-- West Laurens High School Raiders Wrestling Team; commend.................................................................................................... 1727 HR 1658-- Cocker, Miss Alexa; commend and invite to House ............. 1787, 3793, 3803 HR 1659-- Dillard, Jeff; commend and invite to House.......................... 1787, 4658, 4676 HR 1660-- BEST Robotics team; Mill Creek High School; invite members to House ................................................................. 1787, 3585, 3604 HR 1661-- Stokes, Herschel; Memorial Overpass; Okefenokee Trail; dedications and designations ...................................... 1855, 2068, 2862, 3462, 5063 HR 1662-- Robinson, Mary Will; Memorial Highway; dedicate ............ 1855, 2068, 3619 6560 INDEX HR 1663-- House Study Committee on Public Health; create ............... 1855, 2050, 2068, 2069, 5091 HR 1664-- Joint Study Committee on Public Health; create.................. 1855, 2050, 2068, 2069 HR 1665-- Minority Entrepreneurship Education Day; April 8, 2006; recognize................................................................................ 1855, 2068 HR 1666-- State Transportation Board; terms of members; change CA .................................................................................................... 2066, 2861 HR 1667-- House State Fiscal Year Study Committee; create ............... 2067, 2860, 3556, 5092 HR 1668-- Clark Creative and Cari Clark; recognize.................................................. 2051 HR 1669-- Old Savannah Tours and Will Green; recognize ....................................... 2051 HR 1670-- Association of Black Cardiologists; commend.......................................... 2051 HR 1671-- Finch, E. Lanier "Lanny"; commend ......................................................... 2052 HR 1672-- Byck, Edwin Rothschild; recognize .......................................................... 2052 HR 1673-- Precision Performance Motorcycles and Anthony Fregenti; recognize .................................................................................... 2052 HR 1674-- West Hall High School wrestling team; commend ................................... 2052 HR 1675-- Oliver, Ranger First Class (RFC) Mitchell N.; recognize ......................... 2052 HR 1676-- White, Ms. Myrna May; commend............................................................ 2052 HR 1677-- "Motorcycle Awareness and You Month"; May, 2006; recognize.................................................................................................... 2052 HR 1678-- Hicks, Mr. Jim; recognize.......................................................................... 2053 HR 1679-- Stokes, Dr. Jimmy C.; commend ............................................................... 2053 HR 1680-- Empress Itege Asfaw Day; March 25, 2006; recognize ............................ 2053 HR 1681-- Williams, A. Frank; recognize................................................................... 2053 HR 1682-- Harrison High School's Advanced Placement Certified School status; commend ............................................................................ 2053 HR 1683-- United Mitochondrial Disease Foundation; commend.............................. 2053 HR 1684-- Public health nurses; commend ................................................................. 2053 HR 1685-- Parkview High School swim and dive team; commend ............................ 2053 HR 1686-- Tauzin, Mr. Billy; commend ..................................................................... 2053 HR 1687-- Plantation Women's Club of Fairfield; commend ..................................... 2054 HR 1688-- Jones, Clyde C.; condolences .................................................................... 2054 HR 1689-- Maddox, Major C. R. (Rodney); retirement; commend ............................ 2054 HR 1690-- Hagan, Lee; Eagle Scout; commend.......................................................... 2054 HR 1691-- King, Dr. Ralph D.; commend................................................................... 2054 HR 1692-- Comprehensive emergency preparedness and response educational program; urge to create ...................................... 2067, 2860, 3786 HR 1693-- Norcross Blue Devils; championship season; commend and invite to House .................................................................................... 2496 INDEX 6561 HR 1694-- Wesleyan Lady Wolves; championship season; commend and invite to House ......................................................... 2496, 3787 HR 1695-- DeKalb County; adoption of stream buffer protection; commend............................................................................... 2858, 3065, 3508, 3511 HR 1696-- Chamblee, City of; annexation of neighboring communities; express support............................................... 2858, 3065, 3508, 3511 HR 1697-- Doraville, City of; annexation of neighboring communities; express support............................................... 2859, 3065, 3508, 3512 HR 1698-- Georgia Municipal Association; absentee landowners and landlords; urge........................................................................... 2859, 3065 HR 1699-- Civil Air Patrol; recognize and invite certain members to House ................................................................................. 2496, 3585, 3604 HR 1700-- House Study Committee on Cruise Ship Terminals; create ................................................................................................ 2859, 3065 HR 1701-- Branch, David Parker; Eagle Scout; commend ......................................... 2847 HR 1702-- Duluth Middle School Academic Bowl Team; commend.................................................................................................... 2847 HR 1703-- Passarello, Nicholas Anthony; Eagle Scout; commend............................. 2847 HR 1704-- Drummond, Anthony Carl; Eagle Scout; commend.................................. 2847 HR 1705-- Spain, Ross Butler; Eagle Scout; commend .............................................. 2848 HR 1706-- Whitehead, Taylor Scott; Eagle Scout; commend..................................... 2848 HR 1707-- Miller, Jason Robert; Eagle Scout; commend ........................................... 2848 HR 1708-- Flamm, Brian Irving; Eagle Scout; commend ........................................... 2848 HR 1709-- Colwell, Kevin David; Eagle Scout; commend......................................... 2848 HR 1710-- Davidson, Brian David; Eagle Scout; commend ....................................... 2848 HR 1711-- BeGasse, Andrew Thomas; Eagle Scout; commend ................................. 2848 HR 1712-- Ness, Kevin Edward; Eagle Scout; commend ........................................... 2848 HR 1713-- Dodd, Matthew Harrison; Eagle Scout; commend .................................... 2848 HR 1714-- Hall, Walter Moore IV; Eagle Scout; commend ....................................... 2849 HR 1715-- Schaff, Stephen Robert; Eagle Scout; commend....................................... 2849 HR 1716-- Gatanis, Harry Stephen, Jr.; Eagle Scout; commend................................. 2849 HR 1717-- Brazeal, Michael David; Eagle Scout; commend ...................................... 2849 HR 1718-- Gartin, John Ryan; Eagle Scout; commend............................................... 2849 HR 1719-- Maxey, Andrew Morgan; Eagle Scout; commend .................................... 2849 HR 1720-- Maxey, Tyler Joseph; Eagle Scout; commend .......................................... 2849 HR 1721-- Harward, Michael Brian; Eagle Scout; commend ..................................... 2849 HR 1722-- Connell, Daniel Livingston; Eagle Scout; commend ................................ 2849 6562 INDEX HR 1723-- Gantt, Miles Lee; Eagle Scout; commend ................................................. 2850 HR 1724-- Gibbs, Robert Irving; Eagle Scout; commend........................................... 2850 HR 1725-- Naidu, Krelin; Eagle Scout; commend ...................................................... 2850 HR 1726-- Frazier, Matthew Thomas; Eagle Scout; commend................................... 2850 HR 1727-- Samuels, Rita; recognize and commend.................................................... 2850 HR 1728-- Hughes, Mr. Eddie Delton; condolences ................................................... 2850 HR 1729-- Kiwanis Club of Fairfield Plantation; commend ....................................... 2850 HR 1730-- Critical Conditions Health Decisions Month in Georgia; recognize................................................................................ 2850, 3707, 5292 HR 1731-- Smiley, Tavis; commend ........................................................................... 2851 HR 1732-- House Asthma Strategic Planning Study Committee; create ...................................................................................... 2859, 3065, 4653 HR 1733-- McBee, Dr. Louise; commend and invite to House .............. 2888, 5238, 5239 HR 1734-- Barnes, Mrs. Claudia; compensate .................................................. 3063, 3507 HR 1735-- Harkins, Ira T. "I.T."; 87th birthday; commend ........................................ 2889 HR 1736-- Archer, Mr. William C.; retirement; commend ......................................... 2889 HR 1737-- Wooten, Bradley M.; Eagle Scout; commend ........................................... 2889 HR 1738-- Cargile, Kathryn Bayman; Georgia Outstanding Scholar; commend ..................................................................................... 2889 HR 1739-- Parks, Robbie; Georgia Outstanding Scholar; commend .......................... 2889 HR 1740-- Mayhew, Laura Lynn; Georgia Outstanding Scholar; commend.................................................................................................... 2890 HR 1741-- Salter, Joy Elizabeth; Georgia Outstanding Scholar; commend.................................................................................................... 2890 HR 1742-- Greene, Colonel Don; commend ............................................................... 2890 HR 1743-- Smoot, Barbara; Georgia Outstanding Scholar; commend.................................................................................................... 2890 HR 1744-- Lane, Darin M.; Georgia Outstanding Scholar; commend.................................................................................................... 2890 HR 1745-- McGill, Emily R.; Georgia Outstanding Scholar; commend.................................................................................................... 2890 HR 1746-- Jimoh, Olanrewaju Y.; Georgia Outstanding Scholar; commend.................................................................................................... 2890 HR 1747-- Murdock, Jeffery Z.; Georgia Outstanding Scholar; commend.................................................................................................... 2890 HR 1748-- Ward, Ava Katherine; Georgia Outstanding Scholar; commend.................................................................................................... 2891 HR 1749-- Cabinian, Melissa; Georgia Outstanding Scholar; commend.................................................................................................... 2891 HR 1750-- American Red Cross Month in Georgia; March, 2006; proclaim ..................................................................................................... 2891 INDEX 6563 HR 1751-- Frady, Leigha A.; Georgia Outstanding Scholar; commend.................................................................................................... 2891 HR 1752-- Rose, Joseph Daniel; Georgia Outstanding Scholar; commend.................................................................................................... 2891 HR 1753-- Mehmood, Seleha Hina; Georgia Outstanding Scholar; commend.................................................................................................... 2891 HR 1754-- Luders, Brandon; Georgia Outstanding Scholar; commend.................................................................................................... 2891 HR 1755-- Davenport, Drew; Georgia Outstanding Scholar; commend.................................................................................................... 2891 HR 1756-- Heyward, Quentin A.; Georgia Outstanding Scholar; commend.................................................................................................... 2892 HR 1757-- Broman, Elizabeth J.; Georgia Outstanding Scholar; commend.................................................................................................... 2892 HR 1758-- Addison, Joseph; commend ....................................................................... 2892 HR 1759-- Georgia Micro Enterprise Network; commend ......................................... 2892 HR 1760-- Kaley-Kumpf, Ms. Gail; retirement; commend......................................... 2892 HR 1761-- Hall, Joe; retirement; commend................................................................. 2892 HR 1762-- Lakeview-Fort Oglethorpe High School; commend ................................. 2892 HR 1763-- Parr, Mrs. Rachael; 2006 Georgia Science Teacher of the Year; commend.................................................................................... 2893 HR 1764-- Stadnik, Ms. Pauline M.; Dougherty County Star teacher; commend ...................................................................................... 2893 HR 1765-- Berkmar High School; Academic Decathlon champs; commend.................................................................................................... 2893 HR 1766-- Derico, Tamesha Shante; STAR student for Dougherty County; commend...................................................................................... 2893 HR 1767-- Together Rx Access Card program; participating pharmaceutical companies; commend....................................................... 2893 HR 1768-- St. Pius X Catholic High School; forensic team; commend.................................................................................................... 2893 HR 1769-- de Give, Laura Elizabeth; Girl Scouts of America Gold Award; commend....................................................................................... 2893 HR 1770-- Youth Leadership Henry; commend.......................................................... 2893 HR 1771-- Sweetwater Valley Community Action Mission Program (CAMP); commend..................................................................... 2894 HR 1772-- Stevens, Mr. Adam Michael; condolences ................................................ 2894 HR 1773-- O'Neal, Mr. Michael; Parent University; commend .................................. 2894 HR 1774-- Africa Travel Association (ATA); recognize ............................................ 2894 HR 1775-- Childers, James; commend ........................................................................ 2894 HR 1776-- American Red Cross Month; March, 2006; invite representatives to House .................................................................. 2914, 3575 6564 INDEX HR 1777-- Commuter rail service; additional funding for development; urge............................................................................ 3064, 3507 HR 1778-- House Tag Tax Study Committee; create............................. 3064, 3508, 4457, 5092 HR 1779-- Awe, Ayomide, Oladeji, and Olasina; commend ...................................... 3013 HR 1780-- Lipton, Mr. David; commend .................................................................... 3013 HR 1781-- Dedwylder, Rozier; condolences ............................................................... 3013 HR 1782-- Smith, Mrs. Lillian; 89th birthday; commend ........................................... 3013 HR 1783-- Wiles, Ms. Nanon G.; commend ............................................................... 3013 HR 1784-- New Hope Elementary School; commend................................................. 3014 HR 1785-- Culpepper, Mr. Dave; Georgia's National Distinguished Principal for 2006; commend .................................................................... 3014 HR 1786-- Carl, Mr. Doug and Mr. Dedrick Muhammad; recognize.................................................................................................... 3014 HR 1787-- Burgess, Cara; Distinguished Finalist; Prudential Spirit of Community Awards; commend............................................................. 3014 HR 1788-- Kittredge Magnet School; High Achievers; commend.............................. 3014 HR 1789-- Untraceable phone records; action to eliminate; urge ..................... 3064, 3508 HR 1790-- Cason and Virginia Callaway Conservation Highway; dedicate ............................................................................................ 3064, 3508 HR 1791-- Council of Local Governments; conflict between cities and counties; urge to address................................................. 3064, 3508, 3787 HR 1792-- Thomas, Coach Clinton; recognize and invite to House ........................... 3086 HR 1793-- Dublin High School varsity basketball team; 2006 state championship season; invite to House....................................................... 3087 HR 1794-- House Study Committee on Court Surcharges and Additional Fines; create ......................................................... 3507, 3556, 4657 HR 1795-- House Study Committee on Tanning Salon Consumer Protection; create .................................................................. 3507, 3556, 3571, 3584 HR 1796-- LaGrange College Political Science Department; invite students and faculty members to House .................................................... 3201 HR 1797-- Riverdale, City of; technical college; urge to establish ................... 3507, 3556 HR 1798-- Sumner, Wayne H.; condolences..................................................... 3279, 3566 HR 1799-- Clements, Mrs. Cherry Waldrep; condolences .......................................... 3279 HR 1800-- Breeding, William J.; condolences ............................................................ 3279 HR 1801-- Murphy, Thomas B.; former Speaker of the House; 82nd birthday; commend ........................................................................... 3280 HR 1802-- Dillard, Mrs. Carrie Hill; retirement; commend........................................ 3280 HR 1803-- Williams, Ms. Gwendolyn; commend ....................................................... 3280 HR 1804-- Cherokee County Republican Women's Club; commend ......................... 3280 INDEX 6565 HR 1805-- Alpha Company of 648th Engineer Battalion (Sapper); U.S. Army Corps of Engineers; commend ................................................ 3280 HR 1806-- Hollingshed, Mary Louise; commend ....................................................... 3280 HR 1807-- Statesboro High School Blue Devils Class AAAA champion football team; commend ........................................................... 3280 HR 1808-- Dunaway, Jan; commend........................................................................... 3280 HR 1809-- Swaney, Lee F.; commend......................................................................... 3281 HR 1810-- Scipio, Tony J.; law enforcement; commend ............................................ 3281 HR 1811-- Ball, Captain Jason P.; commend .............................................................. 3281 HR 1812-- Hardcastle, Dr. William; commend ........................................................... 3281 HR 1813-- Pleasant Grove Elementary School; Single Statewide Accountability System Bronze Award; commend .................................... 3281 HR 1814-- Kesler, Patricia; Governor of Georgia District of Pilot International; commend ............................................................................. 3281 HR 1815-- PBX\Telecommunicators Club of Toccoa; commend............................... 3281 HR 1816-- Eddy, Mary Baker; condolences................................................................ 3281 HR 1817-- Harrell, James Christopher; Eagle Scout; commend ................................. 3282 HR 1818-- Lodge 187 of the Woodmen of the World; 100th anniversary; commend............................................................................... 3282 HR 1819-- House Study Committee on Prescriptive Authority of Psychologists; create........................................................................ 3555, 3583 HR 1820-- Threatened or endangered species; protect; urge................... 3555, 3583, 3688 HR 1821-- Sorenson, Mr. Reed; commend ................................................................. 3547 HR 1822-- Parker, Walter; outstanding Georgian and statesman; commend.................................................................................................... 3547 HR 1823-- Smith, Burton, Sorenson, Andretti, Lester and Ragan; welcome to Atlanta Motor Speedway Day at the Capitol ......................... 3547 HR 1824-- Knox, Jessica Lynn; Girl Scouts of America Gold Award; commend....................................................................................... 3548 HR 1825-- Collins Hill High School Eagles; girls basketball team; commend.................................................................................................... 3548 HR 1826-- Patten Seed Company; Cox Century Award winner; honor and congratulate............................................................................... 3548 HR 1827-- Harlin, Stephen; Eagle Scout; commend ................................................... 3548 HR 1828-- Cherry, Dr. James L.; distinguished Georgian; commend.................................................................................................... 3548 HR 1829-- Vickery, Ian; Eagle Scout; commend ........................................................ 3548 HR 1830-- Wiles, Nanon G.; commend....................................................................... 3548 HR 1831-- Gideons Elementary School; honor ........................................................... 3548 HR 1832-- Columbia County News-Tribune; 125th anniversary; commemorate............................................................................................. 3549 6566 INDEX HR 1833-- Joint Study Committee on Efficiency, Effectiveness, & Independence of University System of Georgia; create .................. 3583, 3617 HR 1834-- Adjournment; relative to.................................................................. 3572, 3611 HR 1835-- Floyd, Honorable James Marvin, Sr.; former member of the House of Representatives; condolences............................................... 3575 HR 1836-- Berry, Joy Smith; commend ...................................................................... 3575 HR 1837-- Kranz, Rabbi Philip N.; retirement; commend .......................................... 3575 HR 1838-- Kuhlman, Dr. Cynthia; commend.............................................................. 3576 HR 1839-- Campbell, Sally; Sheltering Arms Early Education and Family Centers; honor contributions ......................................................... 3576 HR 1840-- Lee, Mr. Teddy; commend ........................................................................ 3576 HR 1841-- Avondale High School Lady Blue Devils basketball team; commend.......................................................................................... 3576 HR 1842-- Columbia High School Eagles basketball team; 2006 Class AAAA state champs; commend....................................................... 3576 HR 1843-- Greater St. Stephen Full Gospel Baptist Church; commend.................................................................................................... 3576 HR 1844-- South Gwinnett High School Lady Comets basketball team; successful 2005-2006 season; commend ......................................... 3576 HR 1845-- Arnold, Kayla; Gwinnett County Spelling Bee Champion; recognize ................................................................................. 3576 HR 1846-- Mortensen, Ms. Susan; Apalachee High School STAR teacher; commend ...................................................................................... 3577 HR 1847-- Crosswhite, Ms. Ginger; Barrow County STAR teacher; commend.................................................................................................... 3577 HR 1848-- Churney, John; STAR student for Barrow County; commend.................................................................................................... 3577 HR 1849-- Rylee, Joseph Emory "Joe"; condolences.................................................. 3577 HR 1850-- Bickerstaff, Jeff; condolences.................................................................... 3577 HR 1851-- White Plains Baptist Church; 200th birthday; honor and congratulate................................................................................................ 3577 HR 1852-- Shadowens, Coach Joe; Eagles Landing Christian Academy; commend .................................................................................. 3577 HR 1853-- Clarke, Dr. Dennis; 2006-2007 Principal of the Year for Georgia; commend..................................................................................... 3577 HR 1854-- Manning, Billy G.; commend .................................................................... 3578 HR 1855-- Atlanta Motor Speedway Day at the Capitol; March 16, 2006; designate .......................................................................................... 3578 HR 1856-- Murphy, Thomas B.; former Speaker of the House; authorize placement of portrait............................................. 3583, 3617, 3707, 4516, 4969 HR 1857-- Chivers, Dr. Mirian E.; commend and invite to House ......... 3604, 3793, 3803 INDEX 6567 HR 1858-- Harris, Mrs. Daisy L.; commend and invite to House............................... 3604 HR 1859-- Coretta Scott King Day in Georgia; declare .................................... 3616, 3703 HR 1860-- Taiwan; commend and support efforts to join international organizations............................................................... 3616, 3703 HR 1861-- National Bio and Agro-Defense Facility; Governor's pursuit; urge ........................................................................... 3616, 3703, 3751 HR 1862-- Miller, Timothy B.; commend and salute.................................................. 3607 HR 1863-- Hudson, John; future leader; commend ..................................................... 3608 HR 1864-- Burnette, Charity; future leader; commend ............................................... 3608 HR 1865-- Bass, Antoinette; future leader; commend................................................. 3608 HR 1866-- Duthler, Samantha; future leader; commend ............................................. 3608 HR 1867-- Nelson, Terrance; future leader; commend ............................................... 3608 HR 1868-- Elmore, Dan; future leader; commend....................................................... 3608 HR 1869-- Warren, Ramona; future leader; commend................................................ 3608 HR 1870-- Brown, Bessie; future leader; commend.................................................... 3609 HR 1871-- Williams, Matt; future leader; commend................................................... 3609 HR 1872-- Brown, Leslie; future leader; commend .................................................... 3609 HR 1873-- Marshall, Lisa; future leader; commend.................................................... 3609 HR 1874-- Daniel, Rita; future leader; commend........................................................ 3609 HR 1875-- Houseworth, Matt; future leader; commend.............................................. 3609 HR 1876-- Roberts, Dr. Scott; future leader; commend .............................................. 3609 HR 1877-- Wallace, David; future leader; commend .................................................. 3610 HR 1878-- Saltimachio, Brenda; future leader; commend .......................................... 3610 HR 1879-- Maddox, Connie; future leader; commend ................................................ 3610 HR 1880-- Crowe, Frank; future leader; commend ..................................................... 3610 HR 1881-- Jones, Becky; future leader; commend...................................................... 3610 HR 1882-- Harper, Betty; future leader; commend ..................................................... 3610 HR 1883-- Young, Stevie; future leader; commend .................................................... 3610 HR 1884-- Stalb, Michael; future leader; commend.................................................... 3611 HR 1885-- Vining, Jennifer; future leader; commend ................................................. 3611 HR 1886-- Christian Missionary Baptist Church; 20th Anniversary; honor .......................................................................................................... 3611 HR 1887-- House Study Committee on Parental Involvement in Schools; create ....................................................................... 3616, 3703, 5179 HR 1888-- Pate, Nell; future leader; commend ........................................................... 3611 HR 1889-- Dyer, Micajah Clark; commend ...................................................... 3702, 3791 HR 1890-- House Septage Disposal Study Committee; create.......................... 3702, 3791 HR 1891-- Jonesboro High School; Georgia Mock Trial Competition winner; commend and invite to House ................................. 3629 HR 1892-- Tulley, Fire Chief Craig; commend........................................................... 3688 6568 INDEX HR 1893-- House temporary employees for the 2006 Regular Session; commend ..................................................................................... 3689 HR 1894-- House Interns for the 2006 Regular Session; commend............................ 3689 HR 1895-- Ashmore, Millie Augustus Haynes; outstanding citizen; honor .......................................................................................................... 3689 HR 1896-- Hudson, Ms. Eloise Johnson Tarver; commend ........................................ 3689 HR 1897-- Wages, Tom M., Sr.; condolences ............................................................. 3689 HR 1898-- City of Adairsville Public Servants Appreciation Day; recognize.................................................................................................... 3689 HR 1899-- Gunter, Melissa; STAR student for Apalachee High School; commend ...................................................................................... 3689 HR 1900-- Miller, Bill; condolences............................................................................ 3689 HR 1901-- Cavan, Mike; commend............................................................................. 3689 HR 1902-- Mathis, Colonel Twala Denise; commend................................................. 3690 HR 1903-- Pridemore, Matt; athletic accomplishments; commend ............................ 3690 HR 1904-- Guerin, Zach; Eagle Scout; commend ....................................................... 3690 HR 1905-- Harvey, Mr. Fred Kelley; condolences...................................................... 3690 HR 1906-- Epps, Benjamin Thomas; condolences ...................................................... 3690 HR 1907-- Tritt Elementary School; 2006 Georgia School of Excellence; commend ................................................................................ 3690 HR 1908-- Butler, Deputy Sheriff Chuck; recognize and commend........................... 3690 HR 1909-- Evansdale Elementary School; 2006 Georgia School of Excellence; commend ................................................................................ 3690 HR 1910-- Shultz, Todd; commend............................................................................. 3691 HR 1911-- Midvale Elementary School; 2006 Georgia School of Excellence; commend ................................................................................ 3691 HR 1912-- Blairsville Scottish Festival and Highland Games; commend.................................................................................................... 3691 HR 1913-- Glass, Mr. Sherwin; condolences .............................................................. 3691 HR 1914-- Henry, James T., Sr.; commend................................................................. 3691 HR 1915-- Meeks, Mark and Regina; commend ......................................................... 3691 HR 1916-- Cross, Dr. James; 75th birthday; recognize ............................................... 3691 HR 1917-- Addison, Bob and Mary; Wild Hog Supper host; recognize and commend ............................................................................ 3691 HR 1918-- Joint Comprehensive Medical Education Study Committee; create ............................................................................ 3702, 3791 HR 1919-- Renewable biomass energy; development; urge.............................. 3702, 3791 HR 1920-- Grand juries; state-wide; provide - CA............................................ 3703, 3791 HR 1921-- House Study Committee on Funding for the Arts; create .... 3703, 3791, 5665, 6121 INDEX 6569 HR 1922-- House Study Committee on Prevention Programs in Health Care; create........................................................................... 3703, 3791 HR 1923-- House Study Committee on Restructuring of DeKalb County Government; create ............................................................. 3703, 3791 HR 1924-- Harrell, Mr. Douglas; commend and invite to House............ 3725, 3793, 3803 HR 1925-- Wilde, Elaine; condolences ....................................................................... 3782 HR 1926-- Backstrom, Bailey, Livingston, and Sproul; 2006 "What Would You Say?" contest winners; commend .......................................... 3782 HR 1927-- Reynolds, Eugene Calvin "Gene"; condolences........................................ 3782 HR 1928-- Rochester, Mr. B. Keith; condolences ....................................................... 3782 HR 1929-- Miller, Reuben Aaron "R.A."; condolences .............................................. 3783 HR 1930-- Thornton, Paul Andrew; Eagle Scout; commend ...................................... 3783 HR 1931-- Lowe, Mr. Eddie; condolences .................................................................. 3783 HR 1932-- Watkins, Toni; Toni Watkins Show; commend ........................................ 3783 HR 1933-- Moultrie, Robert L.; commend .................................................................. 3783 HR 1934-- Hamby, Roy; recognize and commend...................................................... 3783 HR 1935-- Mason, Grace Pauline; celebrate the arrival .............................................. 3783 HR 1936-- Shepherd, John Scott, Jr.; celebrate the birth............................................. 3783 HR 1937-- Shepherd, Elizabeth Cravey; celebrate the birth........................................ 3784 HR 1938-- Shepherd, Henry Conway; celebrate the birth........................................... 3784 HR 1939-- Dept. of Human Resources; child welfare system; conference; urge..................................................................... 3790, 4457, 5179 HR 1940-- Pledge of allegiance; local boards of education; urge to encourage students........................................................................... 3791, 4457 HR 1941-- Social Security cards; redesign; urge Congress............................... 3791, 4457 HR 1942-- School bus routes; rail crossings list; warning devices; urge school districts ......................................................................... 3791, 4457 HR 1943-- Hawkinsville Harness Festival and Spring Celebration; commend.................................................................................................... 3854 HR 1944-- Bridges, James A.; commend .................................................................... 3854 HR 1945-- Tillotson Corporation; commend............................................................... 3854 HR 1946-- Brooks, Damien; Trion High School debate team; commend.................................................................................................... 3854 HR 1947-- Christopher, Ms. Anne; 111th birthday; congratulate ............................... 3854 HR 1948-- Norman, Rein; recognize and commend ................................................... 3855 HR 1949-- Trobaugh, Coach Kevin; Trion High School debate team; commend.......................................................................................... 3855 HR 1950-- Brooks, Damien Alexander; STAR student for Trion High School; commend ............................................................................. 3855 HR 1951-- Lambert, Mr. Raymond Lewis; condolences............................................. 3855 HR 1952-- Glass, Sherwin; condolences ..................................................................... 3855 6570 INDEX HR 1953-- Parkview High School Science Bowl Team; commend ............................ 3855 HR 1954-- Oettmeier, William Merrill "Bill", Jr.; commend...................................... 3855 HR 1955-- Turner, Rachel; STAR student for John McEachern High School; commend ............................................................................. 3855 HR 1956-- Khan, Fahad; STAR student for John McEachern High School; commend ...................................................................................... 3856 HR 1957-- Sawicki, Mr. Henley; South Cobb High School STAR teacher; commend ...................................................................................... 3856 HR 1958-- Thachil, Karan; STAR student for South Cobb High School; commend ...................................................................................... 3856 HR 1959-- Richardson, Mr. David; John McEachern High School STAR teacher; commend........................................................................... 3856 HR 1960-- Wahl, Mr. Gerry; John McEachern High School STAR teacher; commend ...................................................................................... 3856 HR 1961-- Walldorff, Gale; retiring DeKalb County Commissioner; commend .......................................................................... 3856 HR 1962-- Sturdivant, Karen; recognize and commend.............................................. 3856 HR 1963-- Jadick, Dr. Rich; commend ....................................................................... 3857 HR 1964-- Gaupp, Eric Andrew; Eagle Scout; commend........................................... 3857 HR 1965-- Thomasville High School Bulldogs basketball team; Class AA State Runner-up; commend....................................................... 3857 HR 1966-- Wilson, Anthony; Legislative Intern of the Year; commend.................................................................................................... 3857 HR 1967-- Chestatee Wildlife Preserve; commend..................................................... 3857 HR 1968-- Morgan County High School; Lady Bulldogs fast pitch softball team; commend............................................................................. 3857 HR 1969-- Heaton, Steve; contributions to the Valdosta Police Department; recognize............................................................................... 3857 HR 1970-- Tillman, Reverend Thurmond N.; 24th anniversary; commend.................................................................................................... 3857 HR 1971-- Bellamy, Mr. Otis; condolences ................................................................ 3858 HR 1972-- Henry County Middle School; Education Service Agency Academic Bowl winner; congratulate .......................................... 3858 HR 1973-- Emergency Medical Services Week; recognize services and professionals........................................................................................ 3858 HR 1974-- Coleman, Terry; Speaker Emeritus; retirement; congratulate................................................................................................ 3858 HR 1975-- Howard, Paul; Fulton County District Attorney and prosecution team; commend ...................................................................... 3858 HR 1976-- Rucker, Clint; Fulton County Assistant District Attorney; commend ................................................................................... 3858 INDEX 6571 HR 1977-- Ross, Sheila; Fulton County Assistant District Attorney; commend.................................................................................................... 3858 HR 1978-- Kunzleman, Cameron; Trion High School debate team; commend ................................................................................................... 3859 HR 1979-- Bell, O'Neil; commend .............................................................................. 3859 HR 1980-- Webb, Ms. Donna; Model High School STAR teacher; commend.................................................................................................... 3859 HR 1981-- Isabel, Benjamin Edward; STAR student for Armuchee High School; commend ............................................................................. 3859 HR 1982-- Swenson, Timothy Garrett; legislative aide; commend............................. 3859 HR 1983-- Wing, Ms. Rose L.; commend ................................................................... 3859 HR 1984-- Francis, Mr. Ronald H.; retirement; commend.......................................... 3859 HR 1985-- Moore, Maya; Miss Georgia Basketball; commend .................................. 3859 HR 1986-- Valdosta State University; 100th anniversary; commend ......................... 3860 HR 1987-- Anderson, Pastor Stanford L., I; 25th anniversary at Piney Grove Baptist Church; commend .................................................... 3860 HR 1988-- Morgan, Sarah Elizabeth; STAR student at Chattooga High School; commend ............................................................................. 3860 HR 1989-- Brown, John; commend ............................................................................. 3860 HR 1990-- Henry County STAR teachers; commend ................................................. 3860 HR 1991-- Henry County 2006 STAR Students; commend........................................ 3860 HR 1992-- Blanchard, Mr. James H.; chairman of Financial Services Roundtable; commend ................................................................ 3860 HR 1993-- Green, Anna; Fulton County Assistant District Attorney; commend ................................................................................... 3861 HR 1994-- Hill, Kellie Stevens; Fulton County Assistant District Attorney; commend ................................................................................... 3861 HR 1995-- Barker, Barbara Brown; commend ............................................................ 3861 HR 1996-- Krispy Kreme Doughnuts, Inc.; Ponce de Leon location; commend..................................................................................... 3861 HR 1997-- Helms, Season; Trion High School debate team; commend.................................................................................................... 3861 HR 1998-- Edge, Mr. Bryan; Trion High School STAR teacher; commend.................................................................................................... 3861 HR 1999-- Dyer, Micajah Clark; self-taught inventor; commend............................... 3861 HR 2000-- Sanders, Timothy James; STAR student for Model High School; commend ............................................................................. 3861 HR 2001-- Perry, Dr. Alan; Chattooga High School STAR teacher; commend.................................................................................................... 3862 HR 2002-- Winstead, Rachel; Trion High School debate team; commend.................................................................................................... 3862 6572 INDEX HR 2003-- House Study Committee on Workers' Compensation Employer Fraud; create.................................................................... 4457, 4657 HR 2004-- Christian Family Fellowship Baptist Church; congratulate and commend ........................................................................ 4527 HR 2005-- Shiraishi, John; Kubota Manufacturing of America Corporation (KMA); commend ................................................................. 4528 HR 2006-- Webb, Dr. Ray; condolences ..................................................................... 4528 HR 2007-- Tidwell, Jessica Leigh; STAR student for Pepperell High School; commend ............................................................................. 4528 HR 2008-- Bennett, Alan; honor.................................................................................. 4528 HR 2009-- Johnson, Johnny; commend....................................................................... 4528 HR 2010-- Ward, Megan; Girl Scouts of America Gold Award; commend.................................................................................................... 4528 HR 2011-- Bennett, Ms. Deborah; Rome City Schools Teacher of the Year; commend.................................................................................... 4528 HR 2012-- Willis, Ms. Heather; Floyd County School System Teacher of the Year; commend.................................................................. 4528 HR 2013-- Stevens, Ricky Dean; commend ................................................................ 4529 HR 2014-- Skipper, Jimmy; commend ........................................................................ 4529 HR 2015-- Crump, Charles Tyler; Eagle Scout; commend ......................................... 4529 HR 2016-- Hudgins, Christopher John; Eagle Scout; commend ................................. 4529 HR 2017-- Groover, Lewis M., Jr.; condolences......................................................... 4529 HR 2018-- Cheney, Dupont K.; condolences .............................................................. 4529 HR 2019-- Lorenzo, Dr. Samuel J.; commend ............................................................ 4529 HR 2020-- Lewis, Harold; condolences....................................................................... 4529 HR 2021-- Zolnik, Mr. Lewis John; 85th birthday; congratulate ................................ 4530 HR 2022-- Burgess, Ms. Ann; Armuchee High School STAR teacher; commend ...................................................................................... 4530 HR 2023-- Young, Mr. Randall; Coosa High School STAR teacher; commend ...................................................................................... 4530 HR 2024-- Ellenburg, Ms. Alana; Pepperell High School STAR teacher; commend ...................................................................................... 4530 HR 2025-- Hartman, Mr. William "Bill" Coleman, Jr.; condolences.......................... 4530 HR 2026-- Yates, Mrs. John P.; commend .................................................................. 4530 HR 2027-- Georgia State University law students; Speaker's 2006 Law Student Externs; commend................................................................ 4530 HR 2028-- Drenner, Honorable Karla; commend........................................................ 4531 HR 2029-- Jadick, Dr. Richard; commend .................................................................. 4531 HR 2030-- Georgia Peanut Festival; commend ........................................................... 4531 HR 2031-- Sweeney, Mr. Donald; STAR teacher for Rome; commend.................................................................................................... 4531 INDEX 6573 HR 2032-- Starr, Ms. Jennie; Chattooga County School System Teacher of the Year; commend.................................................................. 4531 HR 2033-- Miracle, Mrs. Fannie F.; 101st birthday; congratulate .............................. 4531 HR 2034-- Batishchev, Ivan; STAR student for Rome High School; commend ...................................................................................... 4531 HR 2035-- Hardin, Betsy Ann; STAR student for Floyd County; commend.................................................................................................... 4531 HR 2036-- McGehee, Clark; STAR student for Rome; commend.............................. 4532 HR 2037-- Farrar, Catherine; Trion High School debate team; commend.................................................................................................... 4532 HR 2038-- Pease, Mr. Richard; Rome High School STAR teacher; commend.................................................................................................... 4532 HR 2039-- House Study Committee on the Restructuring of Rockdale County Government; create............................................. 4835, 5179 HR 2040-- "Widow's tax"; U.S. Congress; urge to eliminate............................ 4835, 5179 HR 2041-- Commissioner of Labor; abolish office - CA .................................. 4836, 5179 HR 2042-- "Hugh C. Bailey Science Center Day" in Georgia; April 10, 2006; recognize.................................................................................... 4717 HR 2043-- Sweetin, Mr. Whit E.; condolences ........................................................... 4718 HR 2044-- Brookwood High School Broncos football team; commend.................................................................................................... 4718 HR 2045-- Norman, Riean; recognize and commend.................................................. 4718 HR 2046-- Fitzpatrick, Mr. Clyde Nelson; commend ................................................. 4718 HR 2047-- Vonier, Marcus Andrew; intern for House Photography; graduation from North Georgia Technical College; commend.................................................................................................... 4718 HR 2048-- Webb Bridge School; named Lighthouse School to Watch; recognize ....................................................................................... 4718 HR 2049-- Connell, Mr. Jack; honorary lifetime member of the Augusta Richmond County Committee for Good Government; commend.............................................................................. 4718 HR 2050-- Albrecht, Chef Paul Andrew; culinary excellence; recognize and commend ............................................................................ 4719 HR 2051-- Hamilton, Robert "Ray"; contributions to education in Fulton County; commend .......................................................................... 4719 HR 2052-- Northview High School girls volleyball team; commend ......................... 4719 HR 2053-- Stephens, Coach Glenn Michael; retirement; recognize and commend............................................................................................. 4719 HR 2054-- Hudson, Ms. Eloise Johnson Tarver; commend ........................................ 4719 HR 2055-- Wells, Reverend Lamont Anthony; third Pastoral Anniversary; recognize .............................................................................. 4719 6574 INDEX HR 2056-- Brady, Mr. and Mrs. Don; 50th wedding anniversary; congratulate................................................................................................ 4719 HR 2057-- Adams, Mrs. Marjorie E.; condolences ..................................................... 4719 HR 2058-- Winfrey, Leatrice; honor............................................................................ 4720 HR 2059-- Homlar, Kelly Cornett; graduation from medical school; recognize and congratulate............................................................ 4720 HR 2060-- Cox, Norm; condolences............................................................................ 4720 HR 2061-- Parkview High School Literary Team; commend ..................................... 4720 HR 2062-- Haynes, Reverend Doctor Richard Benjamin; commend.......................... 4720 HR 2063-- Parkview High School Concert Band; commend ...................................... 4720 HR 2064-- 50th anniversary of the Museum of Arts and Sciences; commemorate............................................................................................. 4720 HR 2065-- Zeisig, Margaret; 20 years of service; United Way of Northwest Georgia; commend ................................................................... 4720 HR 2066-- Georgia Sports Hall of Fame; recognize efforts ........................................ 4720 HR 2067-- Wells, Doris K.; commend ........................................................................ 4721 HR 2068-- Electric utilities; renewable portfolio standard; urge to sustain .............................................................................................. 4836, 5179 HR 2069-- 2006 "What Would You Say?" contest winners; commend.................................................................................................... 4966 HR 2070-- Williams, Dr. Peyton, Jr.; outstanding service to the State of Georgia; recognize........................................................................ 4966 HR 2071-- Watson, Emma Lou; commend ................................................................. 4966 HR 2072-- White, Ms. Cheryl; Disney Teacher Award Nominee; congratulate................................................................................................ 4966 HR 2073-- Potter, Pastor Clarence; commend............................................................. 4966 HR 2074-- Ross, Alice; commend ............................................................................... 4966 HR 2075-- Holmes, Mrs. Priscilla Lee; commend ...................................................... 4966 HR 2076-- Kimbrough, Dr. Walter L.; Senior Pastor of Cascade United Methodist Church; commend......................................................... 4967 HR 2077-- Mulkey, Larry; distinguished public service; recognize and thank.................................................................................................... 4967 HR 2078-- Young, Clint; commend............................................................................. 4967 HR 2079-- "Bluegrass Music Week in Georgia; May 1st through 7th; recognize............................................................................................. 4967 HR 2080-- Staten, Mr. Anthony Eugene, Sr.; condolences ......................................... 4967 HR 2081-- Teems, Ms. Melanee; Disney Teacher Award Nominee; congratulate................................................................................................ 4967 HR 2082-- Spivey, Sue; recognize and commend ....................................................... 4967 HR 2083-- Glover, Renee Lewis; recognize................................................................ 4967 INDEX 6575 HR 2084-- Junior League of Atlanta, Inc.; 90th anniversary; recognize.................................................................................................... 4967 HR 2085-- Cabat, Irena; commend .............................................................................. 4968 HR 2086-- Stephenson High School Lady Jaguars junior varsity basketball team; commend ........................................................................ 4968 HR 2087-- Sardis Presbyterian Church; 170th anniversary; commemorate............................................................................................. 4968 HR 2088-- House Black Belt Study Committee; create .............................................. 5178 HR 2089-- Edelson, Julie; commend ........................................................................... 5199 HR 2090-- Discrimination within the United States Armed Forces; discourage .................................................................................................. 5199 HR 2091-- FunCity Party Rentals; commend.............................................................. 5199 HR 2092-- Cummings, Honorable Bill; commend ...................................................... 5199 HR 2093-- Smith, Honorable Paul; commend............................................................. 5199 HR 2094-- Borders, Honorable Ron; commend .......................................................... 5199 HR 2095-- King, Mr. John; contemporary master barbering competition; first place; congratulate ........................................................ 5199 HR 2096-- Reed-Broadnax-Ingram Family Reunion; commend................................. 5200 HR 2097-- Gospel Harvester World Outreach Center; commend ............................... 5200 HR 2098-- Cobb County Daylily Society; commend .................................................. 5200 HR 2099-- Henry County High School wrestling team; 4AAAA State Dual Champion winner; commend................................................... 5200 HR 2100-- Sebring, Officer Kevin; commend............................................................. 5200 HR 2101-- Perry, Officer Gregory; commend............................................................. 5200 HR 2102-- Healey, Susan; commend........................................................................... 5200 HR 2103-- Golden, Judy; commend ............................................................................ 5201 HR 2104-- Pohamba, Hifikepunye and Honorable Immanuel Ngatjizeko, MP; commend ........................................................................ 5201 HR 2105-- Milford Church of God; commend ............................................................ 5201 HR 2106-- Starr, Honorable Terrell; commend........................................................... 5201 HR 2107-- Meadows, John William and Brian Patrick; celebrate births .......................................................................................................... 5201 HR 2108-- Bazemore, Eliza Elizabeth; condolences................................................... 5201 HR 2109-- Sesquicentennial of the City of Hartwell; commemorate.......................... 5201 HR 2110-- Mickle, Jack; condolences ......................................................................... 5201 HR 2111-- Johnson, Dr. Dianna; commend................................................................. 5202 HR 2112-- McGinnis, Mr. David; president of Security Exchange Bank; commend appointment .................................................................... 5202 HR 2113-- Savannah Area Chamber of Commerce; 200th anniversary; commemorate........................................................................ 5202 HR 2114-- Bennett, Pat; commend .............................................................................. 5202 6576 INDEX HR 2115-- Anderson, Honorable Alberta J.; commend .............................................. 5202 HR 2116-- Barnes, Honorable Mike; commend .......................................................... 5202 HR 2117-- Stubbs-Washington-Branson Family Reunion; commend.................................................................................................... 5202 HR 2118-- Mattie Call alert system for missing adults; recognize.............................. 5203 HR 2119-- Coleman, House Speaker Emeritus Terry; commend ............................... 5203 HR 2120-- Scales-Reynolds, Mrs. Ammer; condolences ............................................ 5203 HR 2121-- Green Pastures Christian Ministries; congratulate .................................... 5203 HR 2122-- Brookwood High School; Governor and First Lady's after-prom party; congratulate ................................................................... 5203 HR 2123-- Sherman, Officer Bruce; commend ........................................................... 5203 HR 2124-- Johnson, Mr. Gerald; commend................................................................. 5203 HR 2125-- Bunn, Barbara; retirement; commend........................................................ 5203 HR 2126-- Smith, J. P. and Marie; recognize and commend ...................................... 5204 HR 2127-- McAndrew, Betty; commitment to helping others; commend.................................................................................................... 5204 HR 2128-- Freeman, Margaret; commend................................................................... 5204 HR 2129-- Alpha Phi Alpha Fraternity and the Eta Lambda Chapter; commend..................................................................................... 5204 HR 2130-- Friedman, Ross; commend ........................................................................ 5204 HR 2131-- Kia Motors Corporation; welcome to Georgia .......................................... 5204 HR 2132-- The Jordan Foundation; commend ............................................................ 5204 HR 2133-- Duke, Nellie; commend ............................................................................. 5204 HR 2134-- First Newark Baptist Church; commend ................................................... 5204 HR 2135-- Taylor, Walter Clarence "Dub"; his son, Buck Taylor; honor and recognize................................................................................... 5205 HR 2136-- Technology Student Association; commend ............................................. 5205 HR 2137-- Stanley, Crimora; condolences .................................................................. 5205 HR 2138-- Jameson Inns, Inc; recognize and commend ............................................. 5205 HR 2139-- Turner, Pastor Rodney; third anniversary at Mt. Vernon Baptist Church; honor................................................................................ 5205 HR 2140-- Upchurch, Mr. Lowell M.; recognize and commend ................................ 5205 HR 2141-- Jewish Federation of Greater Atlanta; 100 year anniversary; commend............................................................................... 5205 HR 2142-- Reese, Mrs. Edith Hardin; 100th birthday; congratulate ........................... 5205 HR 2143-- Dawson, Mrs. Lisa Katherine Delores Gordon; condolences................................................................................................ 5206 HR 2144-- Eastham, James Dana; condolences .......................................................... 5206 HR 2145-- Mahar, Carolyn; commend ........................................................................ 5206 INDEX 6577 HR 2146-- Watkins, D. C., Sr.; Watkins Music Hall; recognize and commend.................................................................................................... 5206 HR 2147-- Arsha Vijnana Mandiram; commend......................................................... 5206 HR 2148-- Riverdale High School Technology Student Association; honor ..................................................................................... 5206 HR 2149-- Sanderson, Jordan; Eagle Scout; commend............................................... 5206 HR 2150-- Zoller, Ms. Martha; recognize and commend............................................ 5206 HR 2151-- Lewis, Coach Jimmie; commend............................................................... 5207 HR 2152-- Trinity Chapel; commend .......................................................................... 5207 HR 2153-- Georgia Iris Society; commend ................................................................. 5207 HR 2154-- Crutchfield, Mr. Clyde Yates; commend................................................... 5207 HR 2155-- Choate, Sam; commend ............................................................................. 5207 HR 2156-- Kemp, Mr. W. Burton; contributions to the Sylvania, Georgia, community; commend ................................................................ 5207 HR 2157-- America's Promise Week in Georgia; April 17 through April 23, 2006; recognize .......................................................................... 5207 HR 2158-- Taiwan; contributions; commend .............................................................. 5208 HR 2159-- General Assembly's information technology staff; recognize and express appreciation ........................................................... 5208 HR 2160-- Prematurity Awareness Month; November, 2006; recognize.................................................................................................... 5208 HR 2161-- Child Abuse Prevention Month; recognize................................................ 5208 HR 2162-- Hawkins, Trina Howard; commend........................................................... 5293 HR 2163-- Coleman, House Speaker Emeritus Terry; recognize and express appreciation............................................................................ 5293 HR 2164-- Northwestern Middle School; Single Statewide Accountability System Platinum Award; commend ................................. 5293 HR 2165-- Scott, Dr. Paul; commend .......................................................................... 5293 HR 2166-- Chattahoochee High School Cougars baseball team; commend.................................................................................................... 5294 HR 2167-- Pritchett, Dr. Stanley, Sr.; retirement; commend ...................................... 5294 HR 2168-- The News and Banner; congratulate.......................................................... 5294 HR 2169-- Benson, Pastor Micheal; honor and commend .......................................... 5294 HR 2170-- Level Creek Elementary School; Single Statewide Accountability System Platinum Award; commend ................................. 5294 HR 2171-- Suwanee Elementary School; Single Statewide Accountability System Silver Award; commend ...................................... 5294 HR 2172-- Academic Success Center of Columbus, Georgia; Centennial anniversary of its school building; recognize.......................... 5294 HR 2173-- Doctors Hospital Auxiliary; 30th anniversary; commend.................................................................................................... 5294 6578 INDEX HR 2174-- Harmony Elementary School; Single StatewideAccountability System Bronze Award; commend.................................................................................................... 5295 HR 2175-- Wilson, Pastor Dallas C.; Center of Hope Church of Christ Ministries; commend ...................................................................... 5295 HR 2176-- Lewis Academy of Excellence Charter School; commend.................................................................................................... 5295 HR 2177-- City of Riverdale; support during Hurricane Katrina; commend.................................................................................................... 5295 HR 2178-- Harris, Stephen R.; condolences................................................................ 5295 HR 2179-- Land Resource Companies; commend ...................................................... 5295 HR 2180-- Quick, Mrs. Adella Jenkins; 100th birthday; congratulate................................................................................................ 5295 HR 2181-- Sundaresan, Nandhini; State Spelling Bee Champion; recognize.................................................................................................... 5295 HR 2182-- Maret, Mr. Herbert; commend................................................................... 5296 HR 2183-- Rooks, Mr. George M.; commend ............................................................. 5296 HR 2184-- Wynn, Reverend Larry; commend ............................................................ 5296 HR 2185-- Boyd, Colonel Willie; commend ............................................................... 5296 HR 2186-- Peek, Charles R.; condolences................................................................... 5296 HR 2187-- Bracewell, Danielle; commend.................................................................. 5296 HR 2188-- Dublin High School varsity basketball team; 2006 state championship season; commend ............................................................... 5296 HR 2189-- Thomas, Coach Clinton; Dublin High School; commend.................................................................................................... 5296 HR 2190-- Manis, Ms. Karin; 2005-2006 Buford City School Teacher of the Year; commend.................................................................. 5296 HR 2191-- American Association; Treatment of Opioid Dependence; commend.............................................................................. 5297 HR 2192-- Georgia R.O.C.S.; Reach Them 2 Teach Them Foundation; commend ............................................................................... 5297 HR 2193-- Reach Them 2 Teach Them Foundation; commend.................................. 5297 HR 2194-- Thornton, Terrance and Tina; commend ................................................... 5297 HR 2195-- Nelson, Chris; commend ........................................................................... 5297 HR 2196-- Loudermilk, Mr. Shirley C.; commend ..................................................... 5297 HR 2197-- Daniel, Coach Mark D.; contributions to Screven County and education; commend .............................................................. 5297 HR 2198-- Peachtree Ridge High School RoboLions; commend ............................... 5297 HR 2199-- Navy League of the United States; commend ........................................... 5297 HR 2200-- Curry, Rebecca J. "Becci"; commend........................................................ 5298 INDEX 6579 HR 2201-- Polycystic Kidney Disease Awareness Week; September 9-16, 2007; recognize .............................................................. 5298 HR 2202-- Bynum, Prophetess Dr. Juanita; commend................................................ 5298 HR 2203-- American Association; Opioid Dependence; commend............................ 5298 HR 2204-- Williams, Mr. Steve; commend ................................................................. 5298 HR 2205-- Hill, Sheriff Victor K.; Cassells, Chief Tee; heroic efforts during Hurricane Katrina; commend.............................................. 5298 HR 2206-- Porter, Evan Jai; commend ........................................................................ 5298 HR 2207-- Morris, Ms. Sue; retirement; commend..................................................... 5298 HR 2208-- Crabapple Crossing Elementary School; Single Statewide Accountability System Platinum Award; commend.................................................................................................... 5299 HR 2209-- Mountain Park Elementary School; Single Statewide Accountability System Platinum Award; commend ................................. 5299 HR 2210-- Summit Hill Elementary School; Single Statewide Accountability System Platinum Award; commend ................................. 5299 HR 2211-- Roswell North Elementary School; Single Statewide Accountability System Platinum Award; commend ................................. 5299 HR 2212-- Grady, Margaret Cox; commend ............................................................... 5299 HR 2213-- Bates, Mr. Edd, III; condolences ............................................................... 5299 HR 2214-- May, Charles Bush, III; commend............................................................. 5299 HR 2215-- Edelson, Julie; commend ........................................................................... 5556 HR 2216-- Federal government; remove moratorium on offshore gas drilling; commend ............................................................................... 5556 HR 2217-- Southern States Energy Board; consideration of exploring for natural gas in coastal areas; commend ................................ 5556 HR 2218-- Jones, Ms. Evangela Dawsey; commend................................................... 5572 HR 2219-- Mosley, Hinson; commend ........................................................................ 5572 HR 2220-- Wilson, Ms. Nekiela; commend ................................................................ 5572 HR 2221-- Caldwell, Ms. Katrina Parker; commend .................................................. 5572 HR 2222-- Williams, Ms. Alfreda D.; commend......................................................... 5572 HR 2223-- Sadler, Mr. Andrew; commend ................................................................. 5572 HR 2224-- Stephens, Ms. Tesharra C.; commend ....................................................... 5572 HR 2225-- Cuffie, Ms. Jacquelyn Thona Smith; commend ........................................ 5573 HR 2226-- Parks, Ms. Nakia Denise; commend.......................................................... 5573 HR 2227-- Smith, Ms. DeShonda F.; commend.......................................................... 5573 HR 2228-- Cobb, Ms. Rhonda Dent; commend .......................................................... 5573 HR 2229-- Jones, Ms. Evangela Dawsey; commend................................................... 5573 HR 2230-- Cobb, Ms. Rhonda Dent; commend .......................................................... 5573 HR 2231-- Mowery, Ms. Debra Dianne Dorough; commend ..................................... 5573 6580 INDEX HR 2232-- Lewis, Ms. Dorothy L.; commend............................................................. 5573 HR 2233-- Woodruff, Dr. Lynda; recognize and commend........................................ 5574 HR 2234-- Glass, Christine Lowe; honor .................................................................... 5574 HR 2235-- Randle, Ms. Tiffaney S.; commend ........................................................... 5574 HR 2236-- Butler, Ms. Kesha Thomas; commend ...................................................... 5574 HR 2237-- Harris, Ms. Keva Veronica; commend ...................................................... 5574 HR 2238-- Willis, Ms. Christie Leigh; commend........................................................ 5574 HR 2239-- Shorter, Ms. Loretta T.; commend............................................................. 5574 HR 2240-- Bridges, Ms. Suzanne; commend .............................................................. 5574 HR 2241-- Gleaton, Ms. Donna Lynn; commend........................................................ 5575 HR 2242-- Whitaker, Ms. Dawn Michele; commend.................................................. 5575 HR 2243-- Price, Ms. Carol Jones; commend ............................................................. 5575 HR 2244-- Pate, Ms. Anne Lewis; commend .............................................................. 5575 HR 2245-- Gleaton, Ms. Donna Lynn; commend........................................................ 5575 HR 2246-- George, Ms. Diane Denise; commend....................................................... 5575 HR 2247-- Cawthon, Ms. Robyn Bailey; commend.................................................... 5575 HR 2248-- Price, Ms. Carol Jones; commend ............................................................. 5575 HR 2249-- Wilson, Ms. Nekiela; commend ................................................................ 5576 HR 2250-- Cawthon, Ms. Robyn Bailey; commend.................................................... 5576 HR 2251-- James, Ms. Angela Yvonne; commend ..................................................... 5576 HR 2252-- Lewis, Ms. Dorothy L.; commend............................................................. 5576 HR 2253-- Gilmore-Bass, Ms. Zeporia Christine; commend ...................................... 5576 HR 2254-- Mowery, Ms. Debra Dianne Dorough; commend ..................................... 5576 HR 2255-- Weaver, Mr. James Edward; commend..................................................... 5576 HR 2256-- Bennett, Mr. George; commend ................................................................ 5576 HR 2257-- Church, Mr. and Mrs. Charles Lewis; 75th wedding anniversary; congratulate........................................................................... 5577 HR 2258-- Todd, Dr. Willie Grier; condolences ......................................................... 5577 HR 2259-- Norcross Blue Devils; championship season; commend........................... 5577 HR 2260-- Davis, Mr. Charles; condolences ............................................................... 5577 HR 2261-- Amburgy, Greg; legislative intern; commend ........................................... 5577 HR 2262-- 2006 Georgia Women's Intersport Network (GA-WIN) award winners; commend .......................................................................... 5577 HR 2263-- King, Robert R.; condolences.................................................................... 5577 HR 2264-- Hendricks, Gary; condolences ................................................................... 5577 HR 2265-- Cook, James Larry; condolences ............................................................... 5578 HR 2266-- Hubbard Alumni Association; commend .................................................. 5578 HR 2267-- Thurmond, Barbara; helping victims of violent crimes; honor .......................................................................................................... 5578 INDEX 6581 HR 2268-- Clark, Letitia; Legislative Intern of the Year; commend........................... 5578 HR 2269-- Brittain, Mary K., D.C.; commend ............................................................ 5578 HR 2270-- Henry County High School Naval JROTC Air Rifle Team; commend ........................................................................................ 5578 HR 2271-- Georgia Commission on Women; first members; commend.................................................................................................... 5578 HR 2272-- Merritt, Kyle; Eagle Scout; commend ....................................................... 5578 HR 2273-- El-Nahry, Fatma Y; commend................................................................... 5579 HR 2274-- Mason, Todd; commend ............................................................................ 5579 HR 2275-- Winsor, Ashley; commend ........................................................................ 5579 HR 2276-- Carl, Daniel; commend .............................................................................. 5579 HR 2277-- Holmes, Jalisa; commend .......................................................................... 5579 HR 2278-- Smith, Marla; commend ............................................................................ 5579 HR 2279-- Nguyen, Cam Tu; commend...................................................................... 5579 HR 2280-- Jonesboro High School mock trial team; commend .................................. 5579 HR 2281-- Price, Steve; commend .............................................................................. 5579 HR 2282-- Georgia Commission on Women; commend............................................. 5580 HR 2283-- McClendon, Dr. Bettye; Georgia Sports Hall of Fame induction; honor......................................................................................... 5580 HR 2284-- McQuaig, Jean Dean Oxford; condolences ............................................... 5580 HR 2285-- Georgia Annual Conference at Greater Mount Zion A.M.E. Church; commend......................................................................... 5580 HR 2286-- Chu, Christina; commend .......................................................................... 5580 HR 2287-- Hatfield, Mrs. Imogene Campbell; 70th birthday; commend.................................................................................................... 5580 HR 2288-- Agarwal, Malmar; STAR student for Ware County; commend.................................................................................................... 5580 HR 2289-- Coleman, House Speaker Emeritus Terry; commend ............................... 5580 HR 2290-- Saethang, Jonathan; commend................................................................... 5581 HR 2291-- Elder, Mrs. Lillie Mae; 80th birthday; commend ...................................... 5581 HR 2292-- Oliver, Joe; commend ................................................................................ 5581 HR 2293-- Mitchell, Ms. Yvonne; commend .............................................................. 5581 HR 2294-- Neal, Ms. Rhonda; commend .................................................................... 5581 HR 2295-- Georgia Women's Intersport Network past presidents; commend.................................................................................................... 5581 HR 2296-- Kinship Care Resource Center; commend................................................. 5581 HR 2297-- Crowe, Mr. Arthur Lyons, Jr.; 2005 Smyrna Citizen of the Year; commend.................................................................................... 5581 HR 2298-- Hatfield, Mrs. Lee; Ware County High School STAR teacher; commend ...................................................................................... 5582 6582 INDEX HR 2299-- Battles, Charles; commend ........................................................................ 5582 HR 2300-- Holden, Kelsey; commend......................................................................... 5582 HR 2301-- Bankston, Andrea; commend..................................................................... 5582 HR 2302-- Kirby, Roger; commend ............................................................................ 5582 HR 2303-- Woodard, Norman A.; commend............................................................... 5582 HR 2304-- Peavy, Judge James Edwin, Sr.; condolences............................................ 5582 HR 2305-- Mercer, Sergeant Chad Michael; condolences .......................................... 5582 HR 2306-- Strickland, Tori; Girl Scouts of America Gold Award; commend.................................................................................................... 5583 HR 2307-- Turner, Mr. Jud; 2006 legislative session; commend ................................ 5583 HR 2308-- Strickland, Naomi T.; condolences............................................................ 5583 HR 2309-- Watkinsville, City of; 200th anniversary of incorporation; commend ............................................................................ 5583 HR 2310-- Dixon, Ms. Debbie; Ware County STAR teacher; commend.................................................................................................... 5583 HR 2311-- Webb, Lawrence; commend ...................................................................... 5583 HR 2312-- Brown, Kidada; commend ......................................................................... 5583 HR 2313-- Harris, Linda; commend ............................................................................ 5583 HR 2314-- Le, Leslie; commend.................................................................................. 5583 HR 2315-- Kenty, Major John; commend ................................................................... 5584 HR 2316-- Callaham, Mr. Brian Downs; condolences ................................................ 5584 HR 2317-- Herrin, Mr. Perry O., Sr.; condolences ...................................................... 5584 HR 2318-- Rivers, Jim; STAR student for Ware County High School; commend ...................................................................................... 5584 HR 2319-- Preston, Holly Nicole; condolences........................................................... 5584 HR 2320-- Bennett, Kenneth Jason "Ken"; condolences............................................. 5584 HR 2321-- Tonning, Annie Mae Joyner; condolences ................................................ 5584 HR 2322-- Bankston, Corey Antonio; Eagle Scout; commend ................................... 6243 HR 2323-- DeLoach, Homer M. "Buddy"; honor and commend ................................ 6243 HR 2324-- Deen, Mr. Vivian; commend ..................................................................... 6243 HR 2325-- Bunch, Joseph L.; condolences.................................................................. 6243 HR 2326-- Jackson, Dr. Pam; retirement from the Ware County School System; commend.......................................................................... 6244 HR 2327-- Howell, Reverend Dr. Laresse; commend................................................. 6244 HR 2328-- Douglas, Fred C.; condolences .................................................................. 6244 HR 2329-- Bates, Chief Bill; City of Alpharetta Fire Department; 35 years service; commend........................................................................ 6244 HR 2330-- Hayes, Mr. Pete; commend........................................................................ 6244 HR 2331-- Winburn, Mr. Gene Mac; condolences...................................................... 6244 HR 2332-- Greco, Mary; commend ............................................................................. 6244 INDEX 6583 HR 2333-- Millby, Louella; commend ........................................................................ 6244 HR 2334-- Jones, Lewis; commend............................................................................. 6245 HR 2335-- Turgeon, Brianne; commend ..................................................................... 6245 HR 2336-- James, Elaine; commend ........................................................................... 6245 HR 2337-- Archie, Winona; commend ........................................................................ 6245 HR 2338-- Garner, Dr. Chuck; commend.................................................................... 6245 HR 2339-- Anglin, Chris; commend............................................................................ 6245 HR 2340-- McWhorter, Coach Rich; contributions to Charlton County and athletics; commend................................................................. 6245 HR 2341-- Crawford, Mrs. Alma Thrift; condolences ................................................ 6245 HR 2342-- Nunn, Rowell D.; condolences .................................................................. 6245 HR 2343-- Mundling, Lynette Highsmith; condolences.............................................. 6246 HR 2344-- Gattis, Thomas Clayton; condolences ....................................................... 6246 HR 2345-- Clark, Roy E., Sr.; condolences................................................................. 6246 HR 2346-- Herrin, James Preston "Jimmy"; condolences ........................................... 6246 HR 2347-- Association; Study of African-American Life and History, Inc.; commend ............................................................................. 6246 HR 2348-- DeLoach, Mr. John P.; commend .............................................................. 6246 HR 2349-- Brummett, Jordan C.; service as local legislation aide; commend.................................................................................................... 6246 HR 2350-- Saint Philip African Methodist Episcopal Church Choir Number One; commend............................................................................. 6246 HR 2351-- Bofinger, Michael; commend .................................................................... 6247 HR 2352-- Bankston, Corey Antonio, commend......................................................... 6247 HR 2353-- McDonald, Jimmy; condolences ............................................................... 6247 PART IV SENATE BILLS IN HOUSE SB 1-- Early Care/Learning; provide voluntary parent education services (PF)..................................................................... No Action SB 2-- Trial; jury panels in misdemeanor, felony, death; peremptory challenges (PF) .............................................................. No Action SB 25-- Divorce; change time limit; effect on children; require education classes................................................................................ 104, 3671 SB 26-- Nuisances; treatment of agricultural facilities; definition ................ No Action SB 27-- Private Military Vehicles; registration; implement rules/regulations............................................................................... 2073, 4394 SB 28-- Commercial Drivers' Licenses; change certain definitions .................................................................................................. 2073 SB 37-- Richmond Hill, City of; ad valorem taxes; homestead exemption............................................................................... 4458, 4473, 5638 SB 38-- Bryan County; ad valorem taxes; homestead exemption ...... 4458, 4475, 5638 SB 39-- Bryan County School District; ad valorem taxes; educational purposes.............................................................. 4458, 4477, 5638 SB 40-- Pembroke, City of; ad valorem taxes; municipal purposes ................................................................................. 4458, 4480, 5639 SB 44-- Corrections; contracts with private detention/diversion centers; regulations ............................................................... 3557, 3838, 4494, 5668 SB 57-- Repeat Offenders; convicted of murder; punishment....................... No Action SB 58-- Street Gang Terrorism/Prevention; change/add certain definitions ......................................................................................... No Action SB 64-- Law Enforcement Motor Vehicles; blue lights on roof; repeal requirement ................................................................ 2874, 2881, 3065, 3752, 5240, 5314, 5451, 5637, 5639, 6058, 6171 SB 69-- License Plates, Special; Choose Life, Inc. provide issuance, renewal, fees...................................................................... No Action SB 77-- Feticide; parental notification; define/ eliminate terms; provide reports ...................................................................... 1897, 1901, 2068, 3706, 4765, 5555 SB 79-- Education; local boards; additional elective courses; provide state funding ........................................................ 618, 638, 662, 2069, 3658, 4777 6586 INDEX SB 80-- Sheriffs; qualifying; nonpartisan election......................................... No Action SB 84-- Polls; change forms of identification....................................... 29, 83, 190, 192 SB 86-- Eminent Domain; limitation of public purposes; statutory construction; prov. ............................................................. No Action SB 91-- Physically Impaired; audible access; authorize Public Service Comm.; funding ................................................................... No Action SB 92-- Labor; provide training wages .......................................................... No Action SB 94-- Child Custody Intrastate Jurisdiction Act; change certain provisions.............................................................................. No Action SB 95-- Soil Scientists Licensing Act; regulate practice of soil science.................................................................................... 3584, 3735, 5666 SB 96-- Halal Foods; regulate; punishment for violations.................. 4726, 4894, 5164 SB 101-- Elected Judge of Superior/State Court; definitions; request hearings .................................................................... 3514, 3528, 3556, 4657 SB 103-- Athletic Associations; establish criteria according to student enrollment............................................................................. No Action SB 109-- Pain Management Ad Hoc Advisory Committee; establish; membership; duties.................................................................... 4653 SB 111-- Nuisances; animal establishment; immunity from civil/criminal action .......................................................................... No Action SB 112-- Georgia Long-Term Care Partnership Program Act; create ................................................................................................. No Action SB 113-- Nonemergency Phone System; establish / operate "311"................. No Action SB 114-- MARTA; use of sales proceeds for authority; extend provisions................................................................................................... 3617 SB 115-- MARTA; reserve fund interest income used to pay operating cost; provision........................................................ 3793, 4799, 5173 SB 120-- Broadband, Voice over Internet, Wireless; no requirements by state agency...................................................... 237, 269, 632, 3573 SB 123-- Pharmacist; written objection; not required to induce abortion .................................................................................. 1898, 1902, 2068 SB 126-- Special License Plate; promoting Georgia Center for Book; issuance, renewal ................................................................... No Action SB 130-- Private Property; removal/storage of vehicles; churches exempt............................................................................................... No Action SB 135-- Pretrial Proceedings; indictment for children; jurisdiction for Superior Court............................................... 3578, 4517, 6126 SB 136-- Juvenile Proceedings; bail for delinquent children............... 3578, 3818, 5289, 5538 INDEX 6587 SB 138-- Cobb County-Marietta Water Authority; change membership, vacancy provisions........................................... 1580, 1581, 1723 SB 142-- Plates, Prestige License; promote foundation of Atlanta Braves ............................................................................................... No Action SB 145-- Cosmetologists; define terms; qualifications; hair braiders/designers ................................................................. 3584, 4411, 4763, 4943 SB 150-- Georgia Community Streetcar Development/ Revitalization Act; implement program ............................... 3787, 4535, 4558, 6048 SB 153-- Public Records; educational facilities; open to inspection as other agencies......................................................................... 104 SB 154-- State Agency/Officer; shall not accept/ utilize certain grants/funds....................................................................................... No Action SB 177-- Teachers Retirement System; change benefit formula; provide conditions................................................................. 3076, 3082, 3507, 3613, 4554 SB 191-- Environmental Advisory; expedited review for permits under contract ....................................................................... 3514, 3528, 3556, 3706, 4546, 6250 SB 192-- Indemnification of emergency medical; define certain terms.................................................................................................. No Action SB 194-- County Levies; public accommodations; tourism/conventions; 5% tax rate ..................................................... No Action SB 195-- Georgia Museum Property Act; establish ownership loaned to museums/archives .................................................... 269, 3661, 6048 SB 196-- Public Health; offenses; smoking on a bus while transporting children ........................................................................ No Action SB 199-- Pharmacy, State Board; prescription drugs by mail; delete certain provisions ................................................................... No Action SB 201-- Deer Management Act; change certain provisions........................... No Action SB 202-- Budgets/Audits; local government; grant requirements; subrecipients ............................................................................... 405, 638, 662, 3787, 4408 SB 203-- Public Defenders; indigent defense services; attorney's fees/cost recovered............................................................................... 106, 127 SB 208-- Central Registry for Traumatic Brain/ Spinal Injuries; create state-wide ................................................................................ 723, 3747 SB 209-- Public Service Commission; change time period for issuance; gas supply plan........................................................ 231, 3606, 4525, 4687 SB 210-- Public Service Commission; superior court filing; provide venue, judgement.................................................................. 231, 3668 6588 INDEX SB 216-- Public Libraries; delete references; State Law Library ............................. 4726 SB 223-- Building Mapping Information Sys.; develop/implement; rules/reg. ............................................... 3514, 3529, 3556 SB 229-- Animal Fighting/Baiting Act; dogfighting; provisions; punishment............................................................................. 1587, 1591, 1641 SB 231-- Transportation; design-build contracts; revise criteria ..................... No Action SB 233-- Clayton County State Court; provide salaries of judges................... No Action SB 234-- License Plates; insurance coverage termination; ten-day period before fees.............................................................................. No Action SB 236-- State Employees Insurance; coverage for surviving dependents/spouse ................................................................. 3617, 3863, 6048 SB 238-- Torts; immunity from civil liability for non- profit organizations........................................................................... 187, 3754, 4777, 4964, 5172, 5246, 6233 SB 239-- Plates, Prestige License; promote foundation of Atlanta Falcons .............................................................................................. No Action SB 241-- Electronic Records/Signatures; legal effects; notarized documents; provisions ................................................................. 405, 638, 662 SB 244-- Magistrates Retirement Fund; create board of commissioners; powers......................................................... 1504, 1507, 1576, 3613, 3725, 6126 SB 248-- Rehabilitation Services; delivery to deaf- blind individuals; procedures ......................................................... 3514, 3529, 3556, 3792 SB 253-- Certificate of Permanent Location; requirements; change provisions .................................................................... 187, 3825, 6127 SB 260-- General Assembly; furnishing/approval of bonds; repeal provisions......................................................................................... 3618, 3832 SB 264-- Pataula Circuit; superior courts; change certain terms ............ 269, 3568, 5568 SB 268-- Employees Insurance; continuation of health insurance; community service board.................................................................. No Action SB 278-- Henry County Board of Elections/ Registration; provide powers/duties ........................................................................ 2079, 2089, 2860, 4458, 4482 SB 282-- Legislative Services Committee; provisions; abolish Leg. Budget Office ................................................................ 5665, 6243, 6247 SB 285-- Trains, Operation of; signal whistles; lights; remove certain provisions................................................................... 3619, 3811, 5569 SB 286-- Employees; legislative branch; state merit system; optional coverage; repeal ................................................................. 3705, 4533 INDEX 6589 SB 288-- Grade Integrity Act; teacher not required to change grade; ethical violation.......................................................... 1504, 1507, 1576, 3704, 4781, 4831, 5043, 5165, 5510, 6061 SB 291-- Ad Valorem Taxation; tangible personal property located on airport; provisions ........................................................... No Action SB 299-- Patterson, City of; reduce members in city council; election of mayor .................................................................. 2080, 2090, 2860, 3508, 3512 SB 306-- Hospital/Nursing Home Liens; change notice/filing provision; effect of release.................................................... 3515, 3529, 3556, 3705, 4679, 4778, 5164, 5302 SB 312-- Columbia County Board of Education; election of members; define certain terms.......................................................... No Action SB 316-- Obscenity; electronically furnishing to minors; change provisions of crime ............................................................... 1587, 1591, 1641, 4657 SB 321-- Montgomery County; school district; alternate method of distribution for ed. ........................................................................ No Action SB 322-- Toombs County; school district; alternate method of distribution for education.................................................................. No Action SB 334-- Atlanta Urban Enterprise Zone Act; change criteria for designation of zone ............................................................... 3076, 3082, 3507, 5340, 5451, 6239 SB 349-- Students' Health; provide parents with information on meningococcal meningitis ..................................................... 2874, 2882, 3065 SB 352-- Henry County; abolish board of elections; create elections/registrations, board ............................................................ No Action SB 355-- Clayton Judicial Circuit; change amount of county supplement ........................................................................................ No Action SB 362-- Social Circle, City of; school district; alternative method of sales tax ................................................................ 2080, 2090, 2860 SB 363-- Floyd County Probate Court; office of judge; nonpartisan elections......................................................................... No Action SB 370-- License Plate, Special; promote agriculture in Georgia; renewals (PF) ......................................................................... 1703, 1706, 1856 SB 373-- License, Honorary; unremarried surviving spouses/child; conditions (PF)..................................................... 823, 824, 865 SB 376-- Jury Duty; exemption; spouses/ children of deceased military (PF) ......................................................................... 1646, 1650, 1695 6590 INDEX SB 380-- Agricultural Commodity Commission; equines; change provisions (PF)...................................................................... 2874, 2882, 3065, 3704, 4397, 6049 SB 381-- State Flags; qualifying public safety officers killed; honor service (PF) ...................................................................... 783, 785, 819, 1498, 3543, 5668 SB 382-- Child Support; calculations; definitions; appeals; change prov. (PF)........................................................................ 212, 213, 230, 3792, 5098, 5343, 6128 SB 384-- Interstate Insurance Product Regulation; enact; regulate; create commission....................................................................... 823, 824, 865, 3617, 3869 SB 385-- Insurers; investments in the obligations of certain Canadian cities............................................................................ 823, 825, 865, 3617, 3867, 6049 SB 386-- Apportionment House/Senate; composition of senatorial districts 46,47,49; ....................................................... 106, 120, 197, 254 SB 387-- Clarkston, City; homestead exemption; 65yrs/older; specify terms/conditions ....................................................... 2080, 2090, 2860, 3508, 3512 SB 390-- Classroom First for GA; local schools spend min. operating funds on classroom ..................................................... 274, 301, 820, 1322, 1590 SB 391-- Urban Redevelopment Law; provide moratorium of eminent domain; exceptions ........................................................ 619, 639, 662 SB 394-- Computer Security; person falsely represent business; prohibit; penalties .............................................................. 405, 639, 662, 4657 SB 396-- Crimes; person who is attacked has no duty to retreat; provide immunity.................................................................. 1898, 1902, 2068, 3752, 4534 SB 398-- Criminal Proceedings; plea of insanity; procedures of psychiatric evaluations................................................................ 405, 639, 662, 1857, 3756 SB 399-- Municipal Corporation; special districts; treated as same noncontiguous area ............................................................ 159, 160, 186, 734, 3633 SB 400-- Motor Vehicles; law enforcement; properly equipped all-terrain vehicles....................................................................... 783, 785, 819, 3618, 3850 SB 402-- License Plates, Special; distinctive; free for recipients of the Bronze Star .................................................................. 3515, 3530, 3556 INDEX 6591 SB 408-- Preservation of Evidence; nationals of foreign; not lawful resident of U.S. ....................................................... 405, 640, 662, 4657 SB 409-- Elections; require courts to determine contested primaries on expedited basis.............................................. 619, 640, 662, 3705 SB 413-- Compulsory School Attendance Law; exemptions; board of education policies ................................................... 1647, 1650, 1695, 3704, 4540, 4777, 4943, 5165, 5170, 5622, 6170 SB 415-- HERO; provide surviving spouses shall be eligible students ................................................................................. 1898, 1902, 2068, 4408, 5099, 6251 SB 419-- Lottery Proceeds; recover delinquent child support; change provisions ................................................................. 1647, 1650, 1695, 3792, 5126 SB 420-- Care of a Grandchild Act; create pilot program ................... 3077, 3083, 3507, 3705, 4773 SB 422-- Chiropractors; definitions; scope of practice; penalty for improper practice ................................................................... 3515, 3530, 3556 SB 423-- Ray Biddie/Gene Mullis Act; regulate patient care dialysis technicians ............................................................... 1703, 1707, 1856, 4653 SB 424-- Compulsory Attendance; parent in military; student granted excused absences ...................................................... 1504, 1508, 1576 SB 425-- Georgia Child, Family, and School Communications Protection; enact ............................................................... 691, 693, 734, 4504, 4836 SB 427-- Public Retirement Systems Investment Authority; alternative investments ......................................................... 1647, 1651, 1695, 4527, 5105 SB 429-- Abortions; access to medical equipment; perform medical procedures; penalties............................................... 1898, 1903, 2068, 4657 SB 431-- Public Road; utility fails to remove, relocate facility; failure to comply .................................................................. 3515, 3530, 3556, 3794 SB 435-- County Directors of Family/Children Services; appointment; change provisions ........................................ 406, 640, 662, 3705 SB 436-- Technical/Adult Education, State Board of; meetings; change provisions ................................................................. 1352, 1354, 1379, 1621, 3546 SB 440-- Lottery Funds; eliminate Construction Reserve Trust Fund ............................................................................................. 406, 640, 662 6592 INDEX SB 441-- Milk; milk products; standards and requirements; change certain provisions............................................................ 784, 786, 820, 2068, 3670 SB 442-- Child Abuse; reporting; change certain provisions .................... 784, 786, 820, 874, 2069, 4722 SB 445-- Civil War Commission; editorial changes; change admin. assignment; codify prov............................................ 1587, 1591, 1641, 2071, 3750 SB 447-- Ga. Agricultural Commodities Promotion Act; create Ga. Blueberry Commission ......................................................... 784, 786, 820 SB 450-- Ad Valorem Taxation of Property; pay structure; county officers; recalculation ................................................................. 742, 743, 770, 3792, 4740, 5173, 5521 SB 453-- Biodiesel Fuels; require use by vehicles of local school district; government ........................................................... 784, 787, 820, 3704 SB 454-- Law Enforcement; require vehicle markings; Ga. State Patrol Georgia State .............................................................. 1648, 1651, 1696, 3584, 3833 SB 455-- Privacy; customer proprietary broker; obtain/release info; penalties........................................................................ 1588, 1592, 1641, 3793, 5546, 6242 SB 456-- Privacy; mobile telephone usage; unlawful to disseminate info; penalties.................................................... 1614, 1652, 1696, 3793 SB 462-- Sheriffs; authority of courthouse security ............................ 1505, 1508, 1576, 3706, 5113, 5568 SB 465-- General Provisions, O.C.G.A.; correct errors/omissions............ 742, 744, 770, 3612, 4758 SB 466-- General Provisions, O.C.G.A; correct errors/omissions in Title 47.................................................................................... 742, 744, 770, 3612, 4759 SB 467-- General Provisions, O.C.G.A; correct errors/omissions in Title 21.................................................................................... 743, 744, 770, 3612, 4761 SB 468-- Quality Basic Education; grant program; High Performance Principals; rules ..................................................... 692, 693, 734, 1620, 1822 SB 469-- Corporations, Partnerships and Associations; update provisions.................................................................................... 823, 825, 865, 3612, 3866 INDEX 6593 SB 470-- Cobb County, State Court; solicitor-general; change compensation .............................................................................. 619, 641, 662, 688, 690 SB 472-- Public Officers/Employees; meritorious award program; establish; definitions ............................................. 1588, 1592, 1641, 2071, 3605, 5668 SB 474-- Student Health and Fitness Act; establish health advisory councils ................................................................... 1505, 1508, 1576 SB 480-- Georgia Qualified Medication Aides Act; delegation of certain nursing tasks.............................................................. 3077, 3083, 3507, 3612, 4785, 5104 SB 481-- Motor Vehicles; military personnel; liability insurance; other states ............................................................................ 1588, 1592, 1641, 3706, 4695 SB 483-- Public Roads; Dept. of Transportation conduct study of each county ............................................................................ 3516, 3531, 3556 SB 484-- Colquitt, City of; declare as Georgia's First Mural City....... 1704, 1707, 1856, 3752, 4762 SB 486-- Employment Security Law; exempt direct sellers from definition of employment ..................................................... 1505, 1509, 1576, 2071, 3570 SB 491-- Traffic Offenses; persons driving under influence; fifth offense; felony ....................................................................... 3516, 3531, 3556 SB 495-- Fire Hazards; increase in fees/charges; fee for blaster certification cards.................................................................. 3077, 3083, 3507, 3786 SB 496-- Camden County; homestead exemption; ad valorem taxes for county purposes ........................................................... 692, 693, 734, 1580, 1584 SB 497-- Camden County; homestead exemption; ad valorem taxes for educational purposes.................................................... 692, 694, 734, 1580, 1584 SB 500-- 2006 Georgia Accuracy in Elections Act; pilot program/ electronic voting ................................................................... 2080, 2090, 2860, 3705, 4507, 4688, 5043, 5165, 5169, 5629, 6129 SB 501-- Fulton County, Superior Court; supplement salaries of judges; increase amount........................................................ 1383, 1385, 1496, 1858, 1896 SB 502-- Motor Vehicles; operating while under the influence; comprehensive revision ......................................................... 1589, 1593, 1641 6594 INDEX SB 503-- Ga. Public Defender Standards Council; legal services; indigent persons; prov........................................................... 3078, 3084, 3507, 3752, 5117, 5196, 5244, 5498, 5539, 6110, 6241 SB 504-- State Properties Commission; certain state entities shall sell/long-term lease ............................................................... 1704, 1708, 1856, 4970 SB 505-- Mortgage Broker/Lender License; exempt certain exclusive agents .................................................................... 2875, 2882, 3065, 3704, 4515 SB 506-- HOPE Scholarships; mandatory fees; postsecondary inst.; January 1, 2004 ............................................................ 2875, 2883, 3065, 3583, 3749 SB 507-- Physicians for Rural Areas; priority for certain specialties; revise prov.......................................................... 1352, 1354, 1379, 3612 SB 510-- Natural Resources; river corridors; minimum standards/procedures; prov. .................................................. 2875, 2883, 3065, 3706, 5556 SB 515-- Quality Basic Education Act; expand grades of eligibility; remedial education .............................................. 1704, 1708, 1856, 3704, 4431, 6128 SB 518-- Buford Visitors Bureau Authority Act; create; promote tourism ................................................................................... 1352, 1354, 1379 SB 519-- Suwanee Gateway Visitors Bureau Authority Act; create ...................................................................................... 1353, 1354, 1379 SB 520-- Public Safety, Board of; authorize; provide badge/revolver; state patrol................................................... 1899, 1903, 2068, 3584, 3815, 5639 SB 522-- Amy's Law; disposition for delinquent acts; change certain provisions.................................................................. 1648, 1652, 1696, 4657 SB 523-- License Plates; special; honoring family members of service members killed ......................................................... 2875, 2883, 3065, 3706, 5093, 5667 SB 525-- Tax Executions; change provisions regarding issuance; definition; procedures ........................................................... 1506, 1509, 1576, 3705, 4723, 5569 INDEX 6595 SB 529-- Georgia Security/Immigration Compliance Act; comprehensive regulation ..................................................... 2876, 2884, 3065, 3793, 3872, 4556, 4642, 4676, 4715, 4776, 5150 SB 530-- Property; liens; change provisions; conditions; value .......... 1589, 1593, 1641, 3705, 4395 SB 531-- Motor Vehicle Liability Policies; uninsured motorist coverage; provisions ............................................................. 2081, 2091, 2860, 3617, 3836, 5173, 5253 SB 532-- United States Nuclear Regulatory Commission; protection licensed facilities ................................................. 1899, 1903, 2068, 3612, 3821, 5667 SB 533-- Statutory Living Will Form; revise....................................... 2081, 2091, 2860, 4527, 5220, 5569 SB 534-- Trustee's Compensation schedule of conservators ............... 2081, 2091, 2860, 3612, 5237 SB 535-- Pawnbrokers; define terms; Gov. Consumer Affairs; title pawn ticket...................................................................... 1704, 1708, 1856 SB 538-- License Plates, Special; Global War on Terrorism and Iraqi Freedom; issuance ........................................................ 2876, 2884, 3065, 3706, 5096 SB 539-- License Plates, Special; Global War on Terrorism/Operation Enduring Freedom .............................. 2876, 2884, 3065, 3706, 5096 SB 541-- Electronic Mail Address; no person shall transmit advertising message ............................................................... 3516, 3531, 3556 SB 542-- Durable Power of Attorney; health care; amend signature requirement ............................................................ 2081, 2092, 2860 SB 545-- Bingo Games; nonprofit, tax-exempt organization; provide definition.................................................................. 1506, 1509, 1576, 3708, 4555 SB 547-- Real Estate Appraisers; conflict of interest; removal of board members...................................................................... 1589, 1594, 1641, 4527, 5500 SB 550-- Mercury Switch Removal Act; collection/ recovery program; define terms............................................................ 3516, 3532, 3556 SB 552-- South Fulton, City of; incorporate; provide for a charter ..... 2082, 2092, 2860, 4552, 6173, 6248 SB 553-- Chattahoochee Hill Country, City of; incorporate; provide for a charter.............................................................. 2082, 2092, 2860, 4552, 5463, 6249 6596 INDEX SB 556-- State Budgeting; comprehensive revision of provisions ...... 2082, 2093, 2860, 3786 SB 561-- HOPE Scholarships/Grants; definitions; correct scrivener's error..................................................................... 2877, 2885, 3065, 3583, 4495 SB 562-- Georgia Higher Education Facilities Authority Act; create ..................................................................................... 2877, 2885, 3065, 3854, 4726, 6049 SB 563-- Court Bailiffs; increase maximum per diem......................... 2083, 2093, 2860, 4527 SB 565-- Georgia Trauma Care Network Commission; establish ....... 3517, 3532, 3556, 4653 SB 569-- Local Government; newly created municipalities; change provisions ................................................................ 2083, 2093, 2860, 3705, 4410, 6129 SB 570-- Motor Vehicles; windshields; reduce/ increase light; optometrist attestation........................................................... 3078, 3084, 3507, 3618, 4552 SB 572-- Medical Assistance Managed Care Fraud; establish; define crime; ......................................................................... 3517, 3532, 3556, 3706, 5229, 5340, 5537, 5637, 5640, 6151, 6241 SB 573-- Land Transactions; development of condominium property; escrow funds.......................................................... 3078, 3084, 3507, 3705, 4696, 6251 SB 574-- Municipal Corporation; incorporation; provide certification of compliance ................................................... 3517, 3532, 3556, 3705 SB 577-- Madison County; create board of commissioners; road/revenues ......................................................................... 1648, 1652, 1696 SB 578-- Commercial Waste Tank Truck; rules/ regulations of Dept. of Human Resources ................................................... 3517, 3533, 3556, 3706, 4396 SB 581-- Georgia Public Safety Training Center; emergency medical personnel; prov........................................................ 2083, 2094, 2860, 3584, 3753, 6128 SB 582-- University System of Georgia; home study program; admissions; board of regents ................................................. 3518, 3533, 3556 SB 583-- Criminal Trials; right to trial by jury; provide method for waiver............................................................................... 3518, 3534, 3556 INDEX 6597 SB 584-- Henry County, State Court; provide add. judge; appointment; terms of office................................................. 1899, 1904, 2068, 2862, 2872 SB 585-- Tax Executions; provide ad valorem property taxes governed by Title 48 ............................................................. 3518, 3534, 3556, 3571, 3705, 4497, 6050 SB 588-- Social Security Numbers; prohibit the use/display of; specified circumstances ........................................................ 3519, 3534, 3556, 4527, 5541, 6239 SB 589-- Jones County, Board of Education; nonpartisan elections ................................................................................. 1705, 1708, 1856 SB 592-- Disposition of Surplus Property; sale of certain property by fixed price ........................................................................ 3078, 3085, 3507, 3557, 3629, 5667 SB 593-- Henry County; provide for advisory referendum election; certain districts ....................................................... 2877, 2885, 3065, 3794, 3797 SB 594-- Scholarships; grants; eligibility; weighting of grades for honor courses ......................................................................... 3519, 3534, 3555 SB 596-- Delivering the Cure; Newborn Umbilical Cord Blood Initiative Act ......................................................................... 3519, 3535, 3555, 4653, 6215 SB 597-- Tax Appeal Procedures; recovery of certain appeal costs by taxpayer; prov. ........................................................ 3520, 3535, 3555, 3708, 4795, 6127 SB 603-- Advanced Practice Registered Nurse; enactment of rules/regulations.................................................................... 3520, 3536, 3555, 3793 SB 604-- Buffer Zones; provide for current use assessment for undeveloped land areas.......................................................... 3520, 3536, 3555 SB 606-- Funerals; prohibit disruptive conduct; elements of such offense; penalty..................................................................... 3079, 3085, 3507, 3752, 4519, 6251 SB 608-- Social Circle, City of; new charter; provide for corrections; oath, rules........................................................... 2084, 2094, 2860 SB 609-- Hampton, City of; reincorporate; new charter; boundaries/powers of city..................................................... 2084, 2094, 2860, 3585, 3597 SB 610-- Charter Schools; virtual/remote setting; computer/internet based instruction...................................... 3520, 3536, 3555, 3704, 5125 6598 INDEX SB 613-- Farmers' Markets; provide safety/security; law enforcement on the premises ................................................ 3521, 3537, 3555, 3704 SB 615-- Alapaha Judicial Circuit; superior courts; change term of court ................................................................................... 3079, 3085, 3508 SB 616-- Cobb Judicial Circuit; supplement paid to each judge of superior court ........................................................................ 2084, 2095, 2860, 3557, 3560 SB 618-- Quality Basic Education Act; enrollment eligibility; children in custody; prov. ..................................................... 3521, 3537, 3555, 3704, 4409 SB 619-- License Plates, Special; persons with brain-related disorders/disabilities ............................................................. 3521, 3537, 3555, 3618, 5096 SB 620-- Motor Vehicle Rental Companies; imposition of fee; definitions; procedures........................................................... 3521, 3538, 3556 SB 622-- Hospital Acquisition; notice of acquisition to Attorney General; change prov. ........................................................... 3522, 3538, 3556, 4527 SB 624-- Coweta Judicial Circuit; provide for a sixth judge of superior courts........................................................................ 3522, 3538, 3556 SB 626-- Habersham County; ad valorem taxes; homestead exemption; educational purposes.......................................... 2877, 2886, 3065, 3557, 3560 SB 627-- Habersham County Water/Sewerage Authority; continue in existence/reconstitute......................................... 2878, 2886, 3065, 3557, 3560 SB 628-- Habersham County; ad valorem taxes; school district; homestead exemption ........................................................... 2878, 2886, 3065, 3557, 3561 SB 629-- Habersham County; ad valorem taxes; change definition of homestead ........................................................ 2878, 2887, 3065, 3557, 3561 SB 630-- Town of Talking Rock; time of municipal elections; terms of mayor; provisions ................................................... 2879, 2887, 3065, 4458, 4482 SB 633-- Town of Tallulah Falls; town council; quorum; special meetings; prov. ...................................................................... 2879, 2887, 3065 SB 636-- Biodiesel Fuel; define term................................................... 3522, 3538, 3556, 3704, 4711, 4763, 4940, 5166, 5169, 5589, 6251 INDEX 6599 SB 637-- Georgia Driver's Education Commission; change membership........................................................................... 3522, 3539, 3556, 3574, 3618, 6142, 6249 SB 638-- Aircraft; liens for labor/contracts of indemnity; notice of intention ........................................................................... 3523, 3539, 3556, 4527, 6212 SB 644-- Madison County; board of education; increase in compensation; procedures..................................................... 3523, 3539, 3556, 4458, 4483 SB 648-- Community Health; medical assistance benefits to ineligible; monitor/detect....................................................... 3523, 3539, 3556 SB 652-- Austell, City of; revise districts for election of members of city council ....................................................................... 3523, 3540, 3556, 3794, 3797 SB 658-- Tift County Board of Education; continuation of current members; chairperson ........................................................... 3563, 3567, 3583, 3707, 3711 SB 659-- Madison, City of; charter; amend, consolidate, revise, and restate ............................................................................. 3713, 3720, 3791, 4658, 4660 SB 660-- Grady County; board of education; provide for compensation of members .................................................... 3713, 3721, 3791, 4458, 4483 SB 663-- Gwinnett County Arts Facility Authority; change number of times shall meet................................................... 4661, 4675, 4836, 5179, 5181 SB 664-- Pickens County Airport Authority Act; confer powers; impose duties; membership .................................................. 3624, 3628, 3703, 5179, 5181, 5340 SB 666-- Milledgeville, City of; transaction of business of city council................................................................................... 3713, 3721, 3791, 4837, 4838 SB 667-- Clayton County; chief magistrate; provide salary ................ 3713, 3721, 3792, 4837, 4839 SB 668-- Probate Court of Clayton County; judge; change compensation ........................................................................ 3714, 3721, 3792, 4837, 5179, 5194 SB 669-- Clayton Judicial Circuit; judge of juvenile court; compensation; state funds..................................................... 3714, 3722, 3792, 4837, 4839 6600 INDEX SB 670-- State Court of Clayton County; solicitor- general employ; compensation .......................................................... 3714, 3722, 3792, 4837, 4839 SB 671-- Clayton County; Board of Education; chairperson/members; change compensation ....................... 3714, 3722, 3792, 4837, 4840 SB 672-- Clayton County; tax commissioner; salary; change provisions.............................................................................. 3714, 3722, 3792, 4837, 5179, 5194 SB 673-- Clayton Judicial Circuit; judges of superior court; increase county supplement .................................................. 3715, 3723, 3792, 4837, 4840 SB 674-- Superior Court of Clayton County; clerk; increase salary ..................................................................................... 3715, 3723, 3792, 4837, 4840 SB 675-- State Court of Clayton County; clerk; increase compensation ........................................................................ 3715, 3723, 3792, 4837, 4840 SB 676-- Superior Court of Clayton County; sheriff; compensation; change provisions ......................................... 3715, 3723, 3792, 4837, 4841 SB 677-- State Court of Clayton County; salaries of the judges; solicitor-general .................................................................... 3716, 3724, 3792, 4837, 4841 SB 678-- Clayton Judicial Circuit; county supplement; change amount .................................................................................. 3716, 3724, 3792, 4837, 4841 SB 680-- Decatur County; board of commissioners; comprehensive restatement................................................... 3716, 3724, 3792, 4658, 4660 SB 681-- Monroe County; office of judge of probate court; nonpartisan elections.................................................................................. 5280 PART V SENATE RESOLUTIONS IN HOUSE SR 124-- Towers, Admiral John Henry; honoring........................................... No Action SR 126-- Designate; Clint H. Bryant Memorial Bridge; Murray County................................................................................... 3526, 3540, 3556, 3619 SR 156-- Textile Industry; urge Committee on the Implementation of Textile Agreements to approve safeguard petitions ............................................................................ No Action SR 282-- John Lee Drake, Sr., Highway; dedicate ............................... 3585, 5209, 6241 SR 374-- Designate; Roger Caudell Highway; Stephens County......... 3526, 3540, 3556 SR 433-- Designate; Mayor Johnny Bradfield Highway; Telfair County................................................................................... 2088, 2095, 2860, 3619, 5210 SR 434-- Designate; Martin Luther King, Jr., Blvd.; Telfair County................................................................................... 2088, 2095, 2860, 3619, 5210 SR 639-- SGT Mike Stokely Memorial Highway; dedicate (PF) ........ 1506, 1510, 1576, 3585, 5210 SR 643-- LaGrange College Day; recognize January 24, 2006 .............................. 37, 55 SR 644-- Senate Convened; notify House of Representatives...................................... 29 SR 645-- General Assembly Convened; notify Governor ............................................ 29 SR 649-- Court of Appeals of Georgia; congratulate on 100th anniversary........................................................................................... 213, 221 SR 686-- Designate; J. Alton Wingate, Sr. Memorial Parkway; Habersham County ..................................................................... 305, 641, 662, 3585, 5211 SR 700-- Juvenile Law Commission; creating/continuing .................. 1353, 1355, 1379, 3578 SR 718-- Schmidt, Sr., Stephen J.; condolences ....................................... 872, 873, 1344 SR 760-- Dr. Eddie Marlow Medical Clinic; dedicate......................... 1383, 1385, 1496, 1622, 5462 SR 761-- Cohutta First Baptist church; commend .............................................. 305, 615 SR 782-- Joint Session; message from Major General William G. Webster, Jr. .......................................................................................... 305, 317 SR 785-- Joint Comprehensive State Trauma Services Study Committee; create ................................................................. 1353, 1355, 1379, 3612, 4677 6602 INDEX SR 793-- Ga. Public Defender Standards Council; ratifying the initial minimum standard; Standard for Removal for Cause..................................................................................... 3081, 3085, 3508, 3752, 4678 SR 804-- North Fulton Boundary Commission; create........................ 3526, 3540, 3556, 3705, 5224, 6050, 6172 SR 806-- Adjournment; 2006 regular session; Feb. 3, 2006 - Feb. 13, 2006 ............................................................................................... 619, 620 SR 817-- CA: Taxpayers' Dividend Act; restrict amendments that increase appropriations .......................................................... 3527, 3541, 3556 SR 823-- Public Property; conveyance; 13 counties............................ 1384, 1385, 1496, 3557, 3634, 5164, 5170, 5339 SR 844-- Bluegrass Music Week in Georgia; recognize...................... 3566, 3567, 3583, 3752 SR 845-- Pittman, Jr.,; Mr. U. H.; condolences .................................................. 785, 809 SR 848-- Antoine J. Holt Memorial Bridge; dedicating ....................... 2088, 2095, 2861 SR 849-- Kimberly Boyd Memorial Bridge; dedicating...................... 2088, 2096, 2861, 3619, 3808 SR 853-- Hospital Health Care Standards Commission; create............ 3527, 3541, 3556 SR 864-- SGT Mike Stokely Memorial Highway; dedicating............. 1506, 1510, 1576, 3619, 5211 SR 871-- Fulton County Industrial District; repeal amendment; prohibit governing authority from levying any tax for educational purposes.............................................................. 3627, 3628, 3703 SR 873-- Parrish, Emory; commend .................................................... 3527, 3541, 3556, 3787, 5211, 6172 SR 954-- Performance Standards; ratifying the initial minimum standard; fiscal impact .......................................................... 3082, 3086, 3508, 3752, 5101 SR 955-- Performance Standards in Juvenile Court; ratifying the initial minimum standard; fiscal impact ............................... 3082, 3086, 3508, 3752, 5103 SR 963-- Peanut Butter and Jelly Day at the Capitol; recognize March 8, 2006 .................................................................................. 1590, 1619 SR 1025-- CA: License Plates; specially designed; provide for dedication of certain revenue; support/promote equine industry .................................................................................. 2880, 2888, 3065 SR 1028-- Dr. Luke Glenn Garrett, Jr. Memorial Highway; dedicate ................................................................................. 3527, 3541, 3556, 3787, 5214, 5668 INDEX 6603 SR 1034-- SGT Mathew Vincent Gibbs Memorial Bridge; dedicate .... 3527, 3541, 3556, 3787, 5217, 6242 SR 1061-- Adjournment; 2006 Regular Session ............................................... 1666, 1683 SR 1081-- Georgia Broadband Education Task Force; create ............... 3527, 3542, 3556, 3707 SR 1085-- CA: Income Taxation; exclusions for taxpayers 62 and 65 yrs/older ............................................................................ 3527, 3542, 3556 SR 1093-- Durward (Red) Murphy Memorial Bridge; dedicate ............ 3528, 3542, 3556, 3619, 5219 SR 1094-- Charles S. (Buddy) Cowan, Jr. Memorial Bridge; dedicate ................................................................................. 3528, 3542, 3556, 3619, 5219 SR 1098-- Adjournment; 2006 Regular Session ............................................... 1901, 1904 SR 1104-- CA: Ad Valorem Tax; bona fide conservation use property; exemption from covenant requirement .................. 3528, 3542, 3556 SR 1127-- U.S. Dept. of Defense; urged to take action to cause commissary/post exchange on Fort Gillem to remain open.................................................................................................. 5112, 5198 SR 1244-- Schwarzkopf, General H. Norman; recognize................................. 3720, 3784 SR 1322-- Adjournment; Regular Session 2006 ............................................... 4740, 4775